Minutes-01/09/2013

1 City Attorney Michael has not done any research on this subject. Council Person Ryan does not support the motion made by Phillips and further stated that there is only one bank in town and less than 3, 000 people, if we were a larger city there might be more options. Council Person Kahler commented that Phillips, basically, does not trust the mayor. Council Person Upton followed with the situation seems to tread in a gray area and we should try to avoid the appearance of impropriety. Voting on Phillips motion: Ayes = Phillips, Upton. Nays = Kahler, Ryan, Bartels. Phillips motion does not pass. Iowa Treasure Hunt: Administrator Jackson explained that yearly any excess funds on Utility Accounts that cannot be forwarded to the rightful owner needs to be sent to the State of Iowa. It is actually due in October yearly, but Jackson asked for, and was granted, an extension. Ordinance 2013 - 321 Amending the Zoning Ordinance No. 2007 - 287 and Any Amendments Thereto Adding the Permitted Use 15t of Indoor Automobile Sales and Service in an M - 2 Zoning — Reading: Council Person Phillips confirmed that Council was comfortable with indoor car sales. Council did not seem to have a problem with any type of car sales. Motion made by Kahler to approve 2013 -321, first reading, seconded by Upton. Ayes = Phillips, Upton, Bartels, Ryan, Kahler. Nays = None. First reading passed. Resolution 2013 -003 Approving Bad Debt Write Offs from 2012 and Earlier from Utility Billing: Administrator Jackson explained that yearly past due and uncollectable Utility Billing accounts need to be written off as bad debt. Motion made by Upton to send to past due to a collection agency to attempt to get some of the funds back, seconded by Ryan. Ayes = Phillips, Upton, Bartels, Ryan, Kahler. Nays = none. Motion made by Upton to approve 2013 -003, seconded by Ryan. Ayes = Phillips, Upton, Bartels, Ryan, Kahler. Nays = none. Motion carried. Resolution 2013 -004 Authorizing Hart -Frederick to design and provide a cost estimate to the paving of the parking lot at City Park: Mayor Berner stated this is a TIF project on the Capital Improvement Plan. Council Person Upton commented people will fill up the parking lot and the grass for ball games. Council Person Kahler added we are currently looking into a concession stand. Council Person Ryan added that he is willing to lose a few parking spaces in order to get some trees in the area. Council Person Phillips wants to know how close the parking design matches from the previous drawing from the concept for a city hall & community center. Additionally, he requested to get a legal opinion ( from our bond attorneys) on having to spend the banked TIF funds. Council Person Upton agreed with that request for a legal opinion. Council Person Ryan clarified that if the TIF funds get returned to the county Tiffin loses, but it will go back to the School and the County. Hart - Frederick followed - up with seal coating the whole parking lot and to have around 58 parking spaces would be around $ 58, 000. This project will also need to be bid out. Council Person Ryan stated the area we know will be permanent, we could pave that area and the driveway to the East could be asphalt. Motion made by Ryan to approve 2013 -004, seconded by Bartels. Ayes = Kahler, Ryan, Bartels, Upton. Nays = Phillips. Motion carried. Resolution 2013 -005 Authorizing Hart -Frederick to design and cost estimate to the East and West entrances off of Jasper to the City property: Mayor Berner indicated this is also in the Capital Improvement Plan and is a safety issue to get traffic off of Highway 6. Public Works Director Mehmen commented we can' t develop the area because it is flood plain. Mayor Berner said rather than having separate design for the entrances the parking lot could connect to the other parking lot. Council Person Upton confirmed we can use TIF funds on this project. Engineer Frederick added if the soccer field parking lot is done, the City can use that dirt for this project and not have to bring dirt in. They will forward new design drawing for the soccer field area. Council Person Kahler made a motion to amend Resolution 2013 -005 from Jasper to include an entrance to the West to connect the parking lot and the second part would be entrance to the East to include developing parking lot and soccer fields, seconded by Bartels. Voting on the amended motion: Ayes = Phillips, Upton, Bartels, Ryan, Kahler. Nays = none. Motion carried. Motion made by Ryan to approve 2031 -005, seconded by Kahler. Ayes = Upton, Bartels, Ryan, Kahler. Nays = Phillips. Motion carried. Resolution 2013 -006 Authorizing Hart -Frederick to design and cost estimate to the sidewalk from Deerview through the tunnel to the CCA School property: Hart -Frederick said the cost estimate will need to be to the CCA property. It will be a 6' sidewalk. The project will be in the IADOT right -of -way and the City will need permits, there will be a cost savings of approximately $ 30,000 from the original quote done previously due to the changes, but the project will not be completed by June 30`h. Council Person Upton stated the plans /designs belong to the City and could be used by another Engineer, if necessary. Council Person Bartels wants to approve the project, but can not approve Hart -Frederick doing the design due to previous 3 or 4 lawsuits / issues with the project. Mayor Berner confirmed there will be no contact with the property owners in that area and it will be through our City Attorney. Council Person Ryan confirmed this project was listed by Council as the 4