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09/03/1986 Council Minutes
'I P.0_ sat 93 P"" 5?44g4x, Iowa. 52228 319- -2204 REGULAR MEETING FAIRFAX CITY COUNCIL SEPTEMBER 3 , 1986 7 : 00 PM. ******NOTE DATE CHANGE FROM THURSDAY T'0 WEDNESDAY TENATIVE ADGENDA: 1 . Approval of minutes , Clerks Report & Adgenda 2 . Discussion & action on bids for new Fire Truck Chasis & Dump truck chasis 3 . PUBLIC HEARING : Discussion & action on vacating a portion of South Front Street & Sale of same 4 . RESOLUTION 9386 Approval & Signing of quit claim deed. S . ORDINANCE 135 Amending Ordinance 129 Vacating street . . Discusion & Action 6 . Carm W. Whiteaker : I . E. Representative PR visit 7 , American Legion Building permit 8 . Discussion with possible action can cost of replacing roof on fire station 9 . Mayor ' s committee appointments : Rules & Regulations for Council, Ordinance changes , new ordinance in regard to Cable dishes . 10 . Information on Errors & Ommission Policy for Fire Dept . 11 . Approval of bills presented for payment . 12 . Adjournment . 5.-30 - x':30 Regular meeting of the Fairfax City Council was held 9/3/86, at 7PM. Mayor k Charles Peters presiding . Council present : Bach, Balog, Bullock, Cerveny & Shakespeare . Absent :. None . Minutes of previous meeting, budget & financial reports approved on motion of Cerveny, 2nd Bullock. All voting aye . Receipts to be accounted for as follows : . General Account-$14, 528 . 80, RUT : $2, 263 . 99 , Revenue Sharing : 124 . 66, dater Dept : 2 , 222 . 95 , Sewer Dept 4, 763 . 72 , {'garbage fees $2 . 048 . 00 . Carm Whiteaker : from. Iowa Electric- discussed -with Council different aspects of their service to the city. Mayor Peters ask Councilmember Balog & Shakespeare to serve as a committee to investigate the possiblity of more efficient use of our utilities . Bids on fire truck chasis and dump truck chasis , taken under consideration. Fire Truck bids were : Rapid Chevrolet. . $20 , 181 . 82, Grovert Chev 19 , 516 . 50, Dump Truck bids were : CR Truck Center 18 , 546 . 62, Grovert Chev 18, 406 . 75 , and ,Rapids Chev 18, 120 . 08 . On motion of Cerveny, 2nd Bullock, Fire truck chasis to be purchased from Grovert .. Chev. Poll call vote Aye : Balog, Bullock, Bach, Cerveny i & Shakespeare . Nays : None. Absent None . Approved On Motion of Shakespeare , 2nd Bach, Dump truck chasis to be purchased from Grovert Chev. Roll Call Vote : Ayes : Balog, Bullock, Bach, Cerveny & Shakespeare . Nays : None .. Absent : None . Approved Mayor Peters declared the Public Hearing on Vacation and Sale of that Part of South Front Street , Auditors Plat 318, within Lot 1 , Selzers Lakeside 2nd Addition open for comment at 7 :.. 45 PM. After discussion. and no objections to the vacation and sale Mayor Peters closed the Public Hearing at 7 : 45PM. Resolution 9386 "APPROVAL, OF EXECUTION OF QUIT CLAIM DEED" presented by Bullock, 2nd Shakespeare . Roll Call vote : Aye, Balog, Bullock, Bach Cerveny & Shakespeare . Nays : None . Absent : none . Carried. Mayor Peters then signed the Quit Claim Deed . Ordinance 136, being an ORDINANCE AMENDING ORDINANCE 129--VACATING STREET. " was presented and read the first time . Councilmember Balog, moved the approval of the Ordinance onits first reading and the the procedural requirements as setforth in Section 380 . 3 , Code of Iowa be suspended as provided for in that section, that the Ordinance be placed on its second and third readings by its title . seconded by counilmember Bach.. Roll call voting ; Ayes , Bach, Balog, Bullock, Cerveny & Shakespeare . Nays : None Absent : None . Ordinance was they read the second and third times by its title . Councilmember Cerveny moved the adoption of the Ordinance as read . Seconded by Councilmember Balog . Roll Call vote : Ayes , Bach, Balog,, Bullock, Cerveny & Shakespeare . Nays : None Absent : None . Mayor Peters declared Ordinance 136 adopted and in effect as per publication requirements . Building permits approved for Sankots Garage & Harold Shakespeare on motion of Cerveny, 2nd Balog. Carried All voting aye . Shakespeare abstained . American Legion Post building permit discussed. Action will be taken when a completed building permit is received . Discussion held on bids for a new roof on the Fire Station building . Inquires were sent to three companies for a "hip" type roof . One bid was received from Gibney & Risdal in the amount of $15, 460 . 00 . After comparing them with bids previously received, Cerveny made motion that Gibney & Risdal proposal be accepted, 2nd Shakespeare, Roll call vote.; Ayes : Balog, Bach, Bullock, Cerveny & Shakespeare . Nays : None . Mayor Peters then signed the contract . _...._.. Page-2- Council proceedings of 9f3/86 I, Mayor Peters appointed C'ouncilmember Bach & Bullock to review the City t Code of Ordinances for possible changes and up dating . On motion of Bullock, 2nd Shakespeare, City Clerk to advise Tnsurance Agencies to add an endoresement to the Liability policy in regard to the use of EMT ' s on the Eire Department . Carried . All voting aye . On motion of Bullock, 2nd Cerveny, All bills present for payment be z approved . Carried . All voting aye . Motion to adjourned at 9 : 3OPM made by Cerveny, 2nd Balog . Carried. Virginia Soukup, City Clerk . Charles M. Peters , Mayor a Regular meeting of the Fairfax City Council was held at 7 PM on 101/2/86- at Fairfax City Hall. Mayor pro-tem Balog presiding . Council -present , Bach, Shakespeare & Balog. Absent Mayor Peters , i C'ouncilmembers Cerveny & Bullock. j Minutes of previous meeting approved on motion of Shakesspeare 2nd Bach . Carried. Budget report presented and placed on file . Receipts to be accounted for: General $2 , 211 . 76, RUT 2, 336 . 14, Rev. Sharing 2 , 056 . 00, Water Dept 2, 066 . 36 , Sewer Dept 3, 576 . 36 Garbage fees 1 , 775 . 00 to Gen account . On Motion of Bach 2nd Shakespeare Nancy Josifek appoint to fill an 2 year unexpired term on the Library Board. Carried Mr & Mrs David Barker, Barker Sanitation, were present to discuss their garbage contract that will be coming up for renewel . On motion of Shakespeare, 2nd Bach, City Clerk to draw up new contract with same terms as old and present it to the council at the November regular council meeting for final passage . Carried. Discuss held on traffic problem on Stallman Road. Matter to be referred to the Sheriffs Department . Resolution #1O286 "No parking Area on shoulder of Highway 151" , present for passage by Balog, 2nd Bach . Carried . All voting aye , Recommondation from P & 2 committee in regard to Kurtz 2nd addition read to council . Resolution 10286A "Preliminary & Final Plat Kurtz 2nd addition" was presented by Shakespeare 2nd Bach. Carried . All voting aye . Reports from Ordinance & Rule changes committee continued until the regular November meeting, Owners of property at 240 Losey street, building permit extend another three months . Progress report is to be given prior to the end of the three months on motion of Balog, 2nd Bach . Carried . Discussion held on 7 "old" parking tickets . On motion of Balog, 2nd Shakespeare, City Clerk to notify City Attorney to process these 7 tickets through district. court . Carried . All voting aye . Discussion held on correspondence from Iowa DOT in regard to a Bridge inspection. CityClerk instructed to contact Linn County in regard to this matter and get names of companies in the area that do bridge repairs . On motion of Balog, 2nd Bach Clty to sign agreement with the Iowa Land 1 and Conservation Dept that nothing will be added to the City Park with out their prior approval . Carried . All voting aye. i Discussion on Water tower repairs to be continued until the November regular council meeting . On motion of Balog, 2nd Shakespeare, .-.Craig Dostal & Richard Schwert£eger,lJr . to be placed on the Fire Department for a 6 rononth probationary period . darried On motion of Shakespeare 2nd Bach, bills presented for payment be appro�ed. Carried . All voting aye . Motion to approve the bills as presented made by Shakespeare, 2nd Bach Carried . GENERAL ACCOUNTS : Library Books 83. 18, Ia Ill Gas 27. 56 , Foab 271 . 57 , East Central Library 54 . 82 , Fed w/h 352 . 05 , State w/h 92 . 03 , Foab 105 . 07 , Iper:s 238 . 22, Mary A Peters 95 . 17 , Linda Balog 263 . 98 , SouthSlope 126 . 27 , Bobs 53 . 40, DAvis .Tones Lamb 147 . 00, Landfill fee 253 . 28, Graybill Elec 59 . 50 , Quill Corp 155 . 45 , Sheriffs Cont 3 , 640. 00 , Barker Sanitation 1 , 514 . 34 , Cbris Burger, 240 . 00, Gazette 78 . 75 , Glens Oil 79 . 86, Iowa Elec 828 . 95, Sankots 64 . 50, B Dalton Books 162 . 45 , Blue Cross 152 . 48, Lynch, Dallas SMith & Marmon 386 . 70 , W W Grainger 53 . 94 , Payless Cashway 177 . 38 , REC 14 . 40 C R Gzette 13. 10, R Dusil 433 . 01 , V Soukup 824 . 36 , RUT fund : Iowa Ill 10. 40, South Slope 3, 00, Auto Parts 74 . 70, Glens OIl 283 . 1.4, Martin MArietta 23 . 76 , Iowa Flec X6 . 47 , Sankots 25 .50, WATER dept : Ia Ill 12 . 50, Foab 58 . 87 , Payless Cashway 79 . 91 , Bake MF;g 5 . 62 , Water Prod 74 . 30, Acco Unlimited 167 . 00, G & H Elec 933 . 10 , IowaElec 259 . 26 , Wigs WW 47 . 04, Van Meter 23 . 16, FAirfax Grain 13 . 88, Fed w. h 176 . 20 , State w/h 43 . 96, Foab 80 . 15, Ipers 911 . 87 R. Dusil 578 . 56 , SEWER dept : Foab 29 . 08 IaELec 359 , 54 SouthSlope 4.5 . 43 , C R Lock 47 . 70 , Manchester Testing 62 . x+7 , Fed w/h 99 . '25 , State w/h 24 . 78 � es 47 . 34 Foab 42 . 56 R Dusil 310 . 63 ii$ rtion to aaj ourn at 9 : PM by Cerveny �nd Balog Carried Virgin°.•_a Soukup , CTtyClerk Charles Peters , Mayor GIIBNEY & RISDAL BUILDERS ATKINS, IOWA 52206 i Ppone 446-3104 & 846-2176 "KWOSAI SUBMITTED TO PHONE 7` DATE '.� JOB NAME ! i STATE AND ,LIP CODE JOB LOCATION :?+rrECT DAT1E OF PLANS JOB PNOiNE, Eee We hereby submit specifications and estimates for' {� / j r I V11 h c� Zc�n .r / g4 T i �I rD 1� P hereby to furnish material and labor -- complete in accordance with above specifications, for the sum of: sir �• . C1.st! .3 c s n, s dollars($ ) to be made asJlollowss: +n All matartall is guaranteed to be as speeifled. All work to bs completed in a workmanlike Authorized manner according to standard practices.Any atteration or deviation from above speeiflce• �'ri� _ j boars InwLtitving extra costs will be executed only upon written orders,and will become an signature extra ch.erge ewer and above the estimate.All agreements contingent upon strikes,accidents dote,;,This proposal may be or delays beyond our control,owner to carry fire,tornado mind other necessary insuranee withdrawn by us if not accepted within days. Ovr workerti ors fully covered by Workmen's Compensation insurance. Arcriptanu of f rnpowd—Tile above prices, specifications ` Signature and ced!itiiotzs are satisfactory and are hereby accecrilewr!. You are authorized rr to do the'work as specified.Payment will be made as out3Nned above.` Signature ©ate of Acceptance: 1st F Ef rl".E V'oFVR10Ht told - MEW EM6LAMa BVNNE84 AEe VICE..iMe.•,VOW MaE. ,Yilm.'"H is I' ORDINANCE 136. , i AN ORDINANCE AMENDING ORDINANCF 129 OF THE CITY CODE OF FAIRFA ,, IOWA TO VACATE STREET L BF IT ORDAINED BY THE CITY COUNCIL OF FAIRFAX , IOWA. Section 1 . Purpose . The purpose of this Ordinance is to amend Ordinance 129 of the City Code of Fairfax, Iowa. Section 2. Ordinance 129 , City Code of Fairfax , Iowa , is repealed and the following adopted in lieu thereof_ ! Street vacation.. That all of the following described real estate be and the same is - .forever vacated pursuant to Section 409 . 25 ( 2 ) of The Code of Iowa : That part of South Front Street , Auditor' s Plat No. 318 , Linn County, Iowa , that lies within Lot 1 of Selzer' s Lakeside Second Addition to Fairfax , Iowa. Section 3 . The above described property has been dedicated for at least ten ( 10 ) years. Section 4 . The above described property has not been opened to vehiclar traffic and has not been used for placement of city or franchise utility equipment. Section 5 . Kenneth 0. Selzer and Mary C. Selzer are the proprietors of the land adjoining the above described property and shall become owners of the above described property on the date this Ordinance is adopted and approved. Section 6 . All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 7 . Severability. If any section , provision or part of this Ordinance shall be adjudged invalid or unconstitutional , such adjudication shall not affect the validity of the Ordinance as a whole or any section , provision or part thereof not adjudged invalid or unconstitutional . Section 8 . This Ordinance shall. be in full force and effect from and after its passage , approval and publication as provided by law. Adopted this 3rd day of September , 1986 , and approved on the same day. Charles, M. Peters , Mayor ATTEST: � d 7irg ' is Sou u City QAerk i I , Virginia F. Soukup, City Clerk, Fairfax , Iowa , do hereby I certify that the attached Ordinance was ' passed and approved by the Fairfax City Council and was posted as required by law at the Fairfax City Library,, Fairfax Post Office, Fairfax State Savings Hank and the Fairfax City Hall on the _4th, day of September + 1986 . ti a s f✓°' / % Vikginia F. So k u p I , Virginia F. Soukup, City Clerk , Fairfax, Iowa , do hereby certify that the attached council proceedings and/or resolution are part of the Public records on file in the City Clerk ' s office. Virginia F. Sou p I! RESOLUTION NO. WHEREAS , the City of Fairfax, Iowa, desires to approve the execution of the attached Quit Claim Deed conveying real estate to Kenneth 0. Selzer and Mary Catherine Selzer pursuant' to Section 569 . 7 of The Code of Iowa . NOW, THEREFORE, BE IT RESOLVFD by the City Council of Fairfax, Iowa, as follows: The execution of the attached Quit Clain Deed is hereby approved . Passed this 3rd day of September , 1986 • r Charles Peters , Mayor i ATTEST: a y I Virg ' nia Soukup , City Jerk IOWA STATE BAR ASSOCIATION FOR THE LEGAL EFFECT OF TINE USE Whriia( Form No. 166 rr.+r.-aw* rol.r.r, mut m t«,. sew) OF THIS FORM, CONSULT YOUR (LAWYER Owl QUIT CLAIM DEED NOV Raft ft all fRen by Tbat llrtgent!5: That Cite of. Fairfax, Iowa x in consideratiop of the sum of One Dollar ($1 . 00) and other and valuable consideration in hand paid do hereby Quit Claim unto Kenneth 0. Selzer and Mary Catherine Selzer, husband and wife , as joint tenants with full right of survivorship , r and not as joint tenants in common. j Grantees' Address: its all mxx right, title, interest, estate,, claim and demand in the following described real estate situated in Linn !""-ounty, Iowa, to-wit: That part of South Front Street , Auditor' s Plat Ito. 318 , Linn County, Iowa, that lies within Lot 1 of Selzer' s Lakeside. Second Addition to Fairfax, Iowa. 1 rX Words and phrases herein including acknowledgment hereof, shaft be construed as in the singular or plural number, and as masculine, feminine or neuter gender, according to the context. CITY OF FAIRFAX,./ IOWA y '' t ...may ✓ Dated _� Y:-i' C ar ' es M. eters , mayor t,p. print (Grantor's Address) nem« under e19ne- tur+e 1 Dated i q - Cede of Iowa Uttlen s3s.a (Grantor's Address) ;I bated !4 I _. . (Grantor's-Address) (Grantor's Address) STATE OF IOWA, COUNTY OF ss: 5 STATE OF IOWA ) )ss. COUNTY OF L,INN ) On this 3rd day of September _ , A.D. , 1986 , before ,me , the undersigned a Notary Public in and for the Rate of Iowa, personally appeared Charles M. Peters, to me personally mown, who , being by me duly sworn, did say that he is the Mayor of the City of Fairfax, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation , and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council , as contained in Resolution No. g-jRA adopted by the City Council , on the 3rd day of Spiatember- , 1986 ; and that Charles M. Peters acknowledged the execution of the instrument to be his voluntary act and deed and the voluntary act and deed of the corporation , by it voluntarily executed. Notary ublic th and for the State of Iowa i r; ORDINANCE 136_ AN ORDINANCE AMENDING ORDINANCE 129 OF THE CITY CODE OF FAIRFAX, IOWA TO VACATE STREFT BF IT ORDAINED BY THE CITY COUNCIL OF FAIRF'AX , IOWA. Section 1 . Purpose . The purpose of this Ordinance is to amend Ordinance 129 of the City Code of Fairfax, Iowa. Section 2 . Ordinance 129 , City Code of Fairfax , Iowa , is repealed and the following adopted in lieu thereof : Street vacation.. That all of the following described real estate be and the same is . forever vacated pursuant to Section 439. 25 ( 2 ) of The Code of Iowa : That part of South Front Street, Auditor' s Plat No. 318 ,, Linn County , Iowa , that lies within Lot 1 of Selzer' s Lakeside Second Addition to Fairfax, Iowa. Section 3 . The above described property has been dedicated for at least ten (10 ) years. Section 4 . The above described property has not been opened to vehiclar traffic and has not been used for placement of city or franchise utility equipment. Section 5 . Kenneth 0. Selzer and Mary C. Selzer are the proprietors of the land adjoining the above described property and shall become owners of the above described property on the date this Ordinance is adopted and approved. Section 6 . All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 7 . Severability. If any section , provision or part of this ordinance shall be adjudged invalid or unconstitutional , such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional . Section 8 . This Ordinance shall be in full force and effect from and after its passage , approval and publication as provided by law. Adopted this 3rd day of _ September , 1986 , and approved on the same day. r arlesM. Peters.,.... M.ay-o.r. ATTEST: i i rg� is Soukup, City erk I I , Virginia F. Soukup, City Clerk, Fairfax, Iowa , do hereby ! certify that the attached Ordinance was passed and approved by E the Fairfax City Council and was posted as required by law at the Fairfax City Library, Fairfax Post Office , Fairfax State Avings Bank and the Fairfax City Hall on the 411 day of September 1986 . z/ / Virginia F. Soukup I , Virginia F. ;Soukup , City Clerk , Fairfax, Iowa , do hereby certify that the attached council proceedings and/or resolution are part of the Public records on file in the City Clerk ' s office. Virginia F. Souk i i i j a i III I