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Home My WebLink AboutRESOLUTION NO. 2015-72 RLSpJryJNNO. 2015-72 i A RESOLUTION TO ENTER INTO AN AGREEMENT WITH SOBASKI REAL ESTATE,L.L.C. FOR CONNECTION TO THE CITY OF'FAIRFAX'S WATER MAIN WHEREAS, the Zach and Annie Sobaski have requested to hook-up to the City of Fairfax's water main; and WHEREAS, the City of Fairfax desires to have them connected to the system and has made improvements to the system to make this possible; and WHEREAS, the City of Fairfax has adopted a method to determine the appropriate cost sharing for each,property wanting to hook.-up to these improvements; and WHEREAS, Hall and Hall Engineers has drafted an agreement and is recommending the City of Fairfax enter this agreement. NOW, THEREFORE, BE IT RESOLVED, that the City of Fairfax agrees to enter into an agreement with Zach and Annie Sobaski for connection to the City of Fairfax's water main. BE IT FURTHER RESOLVED, by the City Council of the City of Fairfax, Iowa, that the Mayor and. City Clerk,are hereby directed.to certify this resolution of approval and the Mayor and City Clerk are authorized to sign the Agreement ,Isar Water Main Connection Fee with Zach and Annie Sobaski. Passed and approved this 8`' day of September, 2015. AYES: Beer, Frieden, Otto, Magers, and Wainwright NAYS: None Jason babe, Mayor ATTEST: 11j",2. - rte_. Cynt eta Stimson, City ClerklTreasurer N�F 0 N1 AGREEMENT FOR WATER MAIN CONNECTION FEE It is hereby agreed between the City of Fairfax, Iowa (hereinafter referred to as the City) and Zach and Annie Sobaski (hereinafter referred to as the Owners) titleholder of the property at 99 East Cemetery Road described as follows: Lot 2, Arps Meadows in the City of Fairfax, Linn County, Iowa WHEREAS, the Owner hereby agrees to pay the City a water main connection fee associated with the 2013 Phase 1 East Cemetery Road Reconstruction, Drainage, Storm Sewer, Water Main, and Sanitary Sewer Project; and WHEREAS, the City has established the water main connection fee for the 2013 Phase I East Cemetery Road Reconstruction, Drainage, Storm Sewer, Water Main, and Sanitary Sewer Project with Resolution No. 2014-02; and WHEREAS, the water main connection fee for the above mentioned property shall be $2,215.86. The following conditions are a part of this agreement, and shall be applicable to this property: 1. This Connection Fee shall be a one-time fee and shall be for one service connection to the City's public water main for the property identified above. 2. This connection fee does, not replace or diminish the City's water usage fee for this property. The Owner, or their tenants, renters, etc. shall be responsible to pay their water usage fee in a prompt and timely manner. 3. The Owner shall be fully responsible for extending their water service to the City's public water main and for connecting to the City's public water main. 4. The Owner shall coordinate with the City's maintenance/ building department prior to connecting the City's public water main. 5. The Owner shall follow the City's regulations for connecting to the City's public water main. 6. This Agreement shall be binding upon all heirs, successors, and assigns of the Owner. i i I Zach Sobaski ch Sobaski Date Annie Sobaski An a Sobaski mate Recommended for Approval CITY OF FAIRFAX, IOWA F Jason Rabb Gate Mayer ATTEST: y ...�•.«. Cynthia Stimson g . City Clerk/Treasurer `r � w •..♦a. e r+rrr a 0,yy'*m A ' 'gar°a+ei.atl34tltl'� SOLUTION NO. 2015-71 i RESOLUTION SETTING THE TIME AND ;TACE FOR A PUBLIC j HEARING FOR.. THE PURPOSE OF SOLICITING WRITTEN AND ORAL COMMENTS ON A REZONING REQUEST WHEREAS, the Jim Shebetka has requested a zoning change from C-2 Highway Commercial to 9RS: Single Family Residential for property described as: PARCEL A, PLAT OF SURVEY 484 AS RECORDED IN VOL. 2132, PAGE 172 OF THE RECORDS OF THE LINN COUNTY, IOWA RECORDER ON MAY 5, 1992, BEING A PART OF THE NE 'f4 OF SECTION 9-82-8, FAIRFAX, LINN COUNTY, IOWA; and. WHEREAS, Iowa Code requires a public hearing concerning rezoning of this property; and WHEREAS, interested residents or taxpayers having comments for or against the proposed rezoning may appear and be heard at the public hearing at the city council meeting on September 8, 2015,. at 7:00 PM at the Fairfax City Hall, at 525 Vanderbilt Street, Fairfax, Iowa. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fairfax, Iowa, that this confirms that the city council order the publication of a notice of public hearing pertaining to this rezoning request on behalf of the City of Fairfax. BE IT FURTHER RESOLVED, by the Fairfax City Council of the City of Fairfax, Iowa, that the Mayor and. City Clerk/Treasurer are hereby authorized and directed to execute said resolution. Passed and approved this 25h day of August, 2015, AYES: Beer, Frieden, Otto,Magers, and Wainwright NAYS: None Jaso 'Rabe, Mayor ATTEST: NX Cp C hia Stimson, City C lerk/Treasurer At 4. I August 20, 2015 Re: Site Grading Activities"At the Property Owners Risk" for the proposed Commercial Property at Lot 2 of Sobaski's Addition in tate City of Fairfax, Linn County„ Iowa Prior to submitting a site plan or a revised final plat, Sobaski Real Estate, L.L.C. would like to begin site grading activities on Lot 2 of Sobaski's Addition (proposed Lot 3), which is located along the east side of Highway 151, and between E. Cemetery Road and Prairie Creek. This property is currently zoned Highway Commercial (C2). The following is understood by all parties involved; 1. That the Fairfax City Council and the Iowa DOT has not yet considered the site plan for the proposed improvements to this property, or the revisedfinal plat for this property. 2. Any site grading activities (stripping of topsoil, excavating„ (placement of fill material, or general site grading work) performed prior to the consideration and approval of the site plan and revised final plat for this is property shall be completed entirely at the risk to the Owner (Sobaski Real Estate, L.L.C.) and at no risk to the City of Fairfax or their representatives. The Owner (Sobaski Real Estate, L.L.C.) understands and is willing to accept any re-grading necessary to address adjustments to the site plan that may be necessary for the City Councils approval. 3. This letter does not allow the Owner (Sobaski Real Estate, L.L.C.) to begin any additional site improvements other than site grading activities until the City Council has considered and granted approval of the site plan and revised final plat, and until a commercial building permit is issued by the City Staff. 4. This letter does not release the Owner (Sobaski Real Estate, L.L.C.) and their representatives from following all current state and federal laws and regulations, and completing all permits required by these entities prior to and during any site grading activities on this site. 5. The following items shall) be addressed prior to any site grading activities being allowed: a. That NPDES Permit Authorization is obtained by the Owner, with a copy provided to the City, and a current and updated SWPPP That)includes the proposed grading improvements and erosion control measures is prepared and maintained on-site prior to any earth moving activities or fill material is placed on this property. b. That all erosion and sediment control measures are in place prior to any earth moving activities or fill material is placed on this property. c. If site grading activities encroach into the adjacent Highway 151 right-of-way (R.O.W.), an Iowa DOT Work in the R.O.W. Permlt shall be obtained by the Owner, with a copy provided to the City of Fairfax prior to any earth moving activities or fill) material is placed)within the Highway 161 R.O.W. By signing below, all parties have acknowledged reading and understanding the full extent of this letter. tin H. Sobaski, President/Treasurer Date Sobaski Real Estate, L.L.C. 6 y w f, 1 Z Nary H. Sobaski, Vice President/Secretary Date Sobaski Real Estate, L.L.C. Jason" Rabe Date Ma r, City of Fairfax Shane R. Wicks, RE Date City Engineer Hull and Hall Engineers, Inc, Upon addressing the specific items listed in item no. 5 above, and signing this letter, the City of Fairfax will allow the Owner(Sobaski Real Estate, L.L.C.)to begin site grading activities, entirely at their own risk, and at no risk to the City of Fairfax or their representatives. FILL PERMIT ACCEPTANCE OF CONDITIONS INWe agree to the terms and conditions set out below in regard to the Fill Permit approval as requested by Sobaski Real Estate, L.L.C, for the following described property: Lot 2, Sobaski's Addition in the City of Fairfax, Linn County, Iowa CONDITIONS 1. That NPDES Permit Authorization is obtained by the Owner,with a copy provided to the City, and a current and updated SWPPP That includes the proposed grading improvements and erosion control measures is (prepared and maintained on-site prior to any earth moving activities or fill material is placed on this property. 2. That all erosion and sediment control measures are in place prior to any earth moving activities or fill material is placed on this property. 3. If siteradia activities encroach into the adjacent Highway 151 right-of-way(R.O.W.), an g g Iowa DOT Work in the R.O.W. Permit shall be obtained by the Owner, with a copy provided to the City of Fairfax prior to any earth moving activities or fill material is placed within the Highway 151 R.O.W. 4. That, PRIOR TO THE ISSUANCE OF A FINAL CERTIFICATE OF OCCUPANCY ON LOT 2 OF SOBASKI'S ADDITION, The Owners (Sobaski Real Estate, L.L.C.) shall have an engineer licensed in the State of Iowa certify that the proposed structure(s) has been constructed with a minimum flood protection elevation of at least 1.0 feet above the 100-year storm event (SFHA) elevation for this property. ItWe specifically agree to protect, defend and hold the City of Fairfax harmless from any and all damages or claims for damages that might arise or accrue by reason of the granting of this Fill Permit approval. This agreement shall be binding upon the current owners) as well as future owners, heirs, legal representatives, successors, and assigns. Dated this Day of , 2015 p �wr ostia H. Sobaski', President/Treasurer Z ary H. Sobaski, Vice President/8ecretary Sobaski Real Estate, L.L.C. Sobaski Real Estate, L.L.C.