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Home My WebLink About09/14/1993 Council Minutes CITY 2WAX FAIRFAX COUNCIL MRETING-TUESDAY SEPTIMBSI 14, 1993-700 P .M . -CITY HALL L TENTATIVE AGENDA : c - . z . z Agenda , s,b,r e n of _ kv i c a Meetings , Budget . €v Financial 3 DISCUSSION W I !H POSSIBLE ACTION b„r d THE F u x.a...,.',..),y s..x-.G AGENDA F.T�:M:._ 2 . Report from Maintenance Depnrtment , 3 . Orville Smith Runoff from Danes °_.o n s,v r u c t m on s 4. °.,_3.._.._ x' €Eag'e° ' r`v,&d - b'.ir 1?Y bx,-S+P>;P vA, Community .. o,a. y,,, _ Giant on 5 Renewal a of Liquor few a.ce _a,.e from H nd s, Mart x- and Star h_t _a » � 7 . Results on Rate Test an pipe undei Front Street _ S. Decision on B p:y„ ' Garage age I. 9 Scott ongle - Tile out to the Street . 10 . Letter on Tanneson Driveway , 11 .-Library Discussion with Linda Balog 12 . Sidewalk issue , 13 . ordinance 179 - KEEPING MINUTES OF MEZTTNGS , Ordinance 130 - MANNER OF PUBLICATION OF E aECTIONS ORDINACES AND AMENDMENTS , 14 . Permission for Clerk to attend TMFOA Meeting in Des Moines October 20-21 -22 , 15 . Cleanup of Ditches , 16 . Placing o s" Fa t e rVista,l Signs o... the _ g a. of F i"'a L r y. Vie_ Ken Q f:..M l. in. i . Evaluating Personnel . ( Possible Closed Wessizna _l 18 . Oppoitunity for Citizens Not on the Agenda, .z_' Bills PresenLed Criss" payment - 20 . CITY OF FAIRFAX The Fairfax city council met in regular session on Tuesday September 14th at 7 : 00 p . m. , at City Hall . Mayor Nading presiding with all Council present . Guests in attendance - Mr . & Mrs . Patterson, Mr . & Mrs . Olson, Mr . & Mrs . Goss , E . Miller , O. Smith, E. Larkin, Mr . & Mrs . Philipp, B. Stallman, A. Root , H . Stallman, Mr . & Mrs . Dwyer , D. Andrle , E . Dudley, D. Cawthorne , T. Serbo;usek, Mr . & Mrs . Svoboda, R. Stallman, R. Carver , R. Mizner and B . Brophy. Motion of Neuhaus , 2nd Cerveny to approve the agenda, Minutes, of previous meeting, Budget and Financial Reports . MC Liquor permits for the Handi Mart and Star Hotel & Livery were approved on a motion by Sheely, 2nd Neuhaus . MC. A request for a building permit from Marion Smith for a deck was approved on a motion of Cerveny, 2nd Peters . MC Motion of Sheely, 2nd Neuhaus the City will allow Dick Philipp to pump water through an existing pipe from the Quarry to Prairie Creek. Mr . Philipp will furnish his own pump. The City feels that since the Quarry is private property we are not going to become involved in the matter . MC . Motion of Quillin, 2nd Sheely a letter will be sent to Mr . & Mrs . Brophy that they should go to the Board of Review for a Variance for their garage . MC. Motion by Sheely, 2nd Cerveny Scott Ongie was given permission to run a pipe through the curb to drain his yard. MC Cerveny made a motion that the remaining sidewalk issue be tabled until such time as the City does the Streets and that grades can be set . Some sidewalks that are in good repair but not up to code will be grandfathered in . 2nd Quillin- MC Discussion was held on personnel matters , motion of Peters that the City will implement a Workorder system. and write up a complete job description, 2nd Sheely. MC. Lud requested the meeting to be open to the public . Neuhaus read a list of the things that the maintenance man has not been doing, and things that he had been told to do. Linda gave a report from the Library on the problem with the windows still leaking. Garland will tear off all the siding and then a structual Engineer will check for any defects . They then will repair all the damage . Discussion was held on cleaning of some of the ditches . A request from the Masons and Eastern Star about the possibility of the City putting up a sign at the edge of town. There needs to be more information about size and costs before a decision is made. Cerveny will send a letter to Banes Construction about the water problem near his new building. When he was given the rezoning it was with the understanding that he would put in a ditch to drain the water . Larry Umstead JPTA, Emergency Public Jobs , discussed the possibility of Fairfax applying for some help . Mayor Russ Nading tendered his resignation , effective September 15th. He is moving out of the City . The Council would like to Thank Russ for his many years of service to the Citizens of Fairfax . Ordinance 179 - MINUTES - was presented and read the 1st time . Cerveny moved-the approval of the Ordinance on its 1st reading and that the procedural requirements as set forth be suspended as provided for in code of Iowa, and that the Ordinace be placed on its 2nd and 3rd readings by its title . 2nd Peters . MC The Ordinance was then read the 2nd and 3rd time by its title . Cerveny moved the adoption of Ordinance 179 as read . 2nd Sheely. MC. Mayor Nading declared Ordinance 179 adopted and in effect as per publication. requirements . Ordinance 180-MANNER OF PUBLICATION-was presented and read the 1st time . Cerveny moved the approval of the Ordinance on its 1st reading and that the procedural requirements be suspended as provided for in the Code of Iowa and that Ordinance 180 be placed on its 2nd & 3rd readings by its title . 2nd Peters . MC . The Ordinance was then read the 2nd & 3rd times by its Title . Cerveny moved the adoption of the ordinance as read. 2nd Sheely. MC , Mayor Nading declared Ordinance 180 adopted and in effect as per publication requirements . Motion of Peters' , 2nd Sheely the following building permits were approved. Berstler a shed and Root a shed . MC. Councilman Vernon Cerveny announced that the F .A. T . Committee again was awarded a $1 , 000 . 00 grant from Ia-Il Gas & Electric for Trees Forever . Motion of Cerveny , 2nd Quillin the Clerk given permission to attend IMFOA meeting Oct. 20 , 21 , & 22 . MC Motion of Sheely 2nd Neuhaus to approve the bills presented for payment . MC All motions were approved by aye votes by all Council members . Motion of Peters , 2nd Sheely meeting adjourned at 9 : 30 P . M . Russell D. Nading , Mayor Betty J . Panek, City Clerk i I 1 I II II i II E i September 13 , 19,93 I T®. City Clerk City of Fairfax Fairfax, Iowa Due to the fact that I will be moving to Marion, Iowa in October, I hereby tender my resignation as Mayor of the city of Fairfax, effective the 15th of September, 1993 . I have enjoyed my time on the Council and as Mayor and hope that I have made a contribution to the citizens of Fairfax . It ' s a fine community and I wish everyone well . Thank you for the opportunity to have been of service to you. Tssel, ly, D. Na in City of Fairfax I CITY OF FA Ia 523 VANDEREILT STREET FAIRFAX f ..IOWA 52228 (319)846-2274 I I , Petty J . Panek, City Clerk, Fairfax , Iowa do hereby 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 Bank and Fairfax Fire Station on day of , 19 Betty J . Panek I , Betty J. Panek, City Clerk., Fairfax , Iowa do hereby certivy that the attached Council proceedings and/or resolutions are part of the Public Records on file in the City Clerks Office . Betty J . Panek i i i i ORDINANCE t r j C AN ORDINANCE AMENDING TITLE I - POLICY AND ADMINISTRATION, CHAPTER 4 - ADMINISTRATION, ARTICLE 1 - CITY CLERK, SECTION 1-4 . 0105 (2) , OF THE CITY CODE OF FAIRFAX, IOWA BE IT ORDAINED BY THE CITY COUNCIL OF FAIRFAX, IOWA. Section 1. The purpose of this ordinance is to amend Section 1-4 . 0105(2)1 of Title I - Policy and Administration, Chapter 4 - Administration, Article 1 - City Clerk, of the City Code of Fairfax, Iowa. Section 2 . Section 1-4 . 0105 (2) of the City Code of Fairfax, Iowa, is hereby amended by deleting Section 1- 4. 0105 (2) in its entirety and substituting in lieu thereof the following: 2 . Manner Of Publications. A publication required by the City Code or law must be in a newspaper published at least once weekly and having general circulation in the city. However, if the city has a population of 200 or less, or in the case of notices of elections, ordinances, and amendments to be published in a city in which no newspaper is published, a publication may be made by posting in the following places:. A. Fairfax Public Library. B. U.S'. Post Office. C. Fairfax Fire Station. The City Clerk is hereby directed to promptly post such notices of elections, ordinances and amendments, and to leave them so posted for not less than ten (10) days after the first date of posting. The Clerk shall note the first date of such posting in the official copy of the ordinance and in the official ordinance book immediately following the ordinance. Section 3 . All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 4 . 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 . i Section 5. This ordinance shall be in full force and effect from and after its passage, approval and publication as provided by law. Adopted this day of ;' 1993 , and approved on the same date. u sell/ ading, Mayor ATTEST: ! R Betty J. "Panek, City Clerk i i wava (319)846-2204 Bed Y J .. Panek, CA)? Clerk Fairfax . lawa do hereby certify thm- council and was as re�imired by law n . he Fairfax City Library,, . Fairfax Fairfax Post Office , State Station on -; FIA— day of I Betty J. t Clerk, Fairfax , lawa do hereby certivy that the attached Council proceedings andior resolutions are part of thz� Public Records On ME: in 'the City Clerks Office Betty M a n k I ORDINANCE ;°17`-1 AN ORDINANCE AMENDING TITLE I - POLICY AND ADMINISTRATION, CHAPTER 3 - MAYOR AND COUNCIL, ARTICLE 3 - COUNCIL, SECTION 1-3 .0304 ($) , OF THE CITY CODE OF FAIRFAX, IOWA BE IT ORDAINED BY THE CITY COUNCIL OF FAIRFAX, IOWA. Section 1. The purpose of this ordinance is to amend Section 1-3 . 0304 (8') of Title I - Policy and Administration, Chapter 3 - Mayor and Council, Article 3 - Council, of the City Code of Fairfax, Iowa. Section 2 . Section 1-3 . 0304 (8) of the City Code of Fairfax, Iowa, is hereby amended by deleting Section 1- 3. 0304 (8) in its entirety and substituting in lieu thereof the following: 8. Minutes. Minutes shall be kept of all meetings showing the date, time and place, the members present and the action taken at each meeting. The minutes shall show the results of each vote taken and information sufficient to indicate the vote of each member present. The vote of each member present shall be made public at the open session. The minutes shall be public records open to public inspection. Section 3 . All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 4 . 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 5. This ordinance shall be in full force and effect from and after its passage, approval and publication as provided by law. I i Adopted this day of >' , 1993 , and approved on the same date. ,, ss 11 ading, May r ATTEST: Betty J. 'Panek, City Clerk LYNCH , IbALLAS, SMITH & HARMAN, P. C. DONALD IE.SMITH ATTORNEYS AT LAW SEAN W. McPARTLAND DONALD G. RIBBLE MATTHEW.). NAGLE. 526 SECOND AVENUE 5E H. EDWARD BEATTY LISA M. KENYON GERALD t-YELL FATKA POST OFFICE BOX 2457 JANA L. HAPPEL SCOTT E. MCLEOD CEDAR RAPIDS, IOWA 52406-2457 ELIZABETH D.JACOB? ROBERT R. RUSH TELEPHONE 319 365-9101 THOMAS D.WOLLE JOHN M.TITLER ` HUGO C. BURDT FACSIMILE 319 365-9512 CHARLES J. LYNCH CISOS-119837 I EDWARD J. KRUG WILLIAM M. DALLAS (.1905-1981) WILFOR'D H.STONE RALPH V. HARMAN, RETIRED September 2 , 1993 Ms. Betty J. Panek City Clerk 525 Vanderbilt Str'e'et P.O. Box 93 Fairfax, IA 52228 Re: Ordinances Dear Betty: We have reviewed the 1993 Legislative Changes impacting on the Fairfax City Code which you received from Iowa Codification, Inc. In speaking with Marsha Cory at Iowa Codification, Inc. , she indicated that they had not received any 1992 updates from the City of Fairfax and faxed to me the enclosed 1992 Legislative Changes. The legislature made extensive changes in the ethics/gifts, handicapped parking and the beer, liquor & wine control laws in both 1992 and 1993 . We enclose ordinances amending sections 1-3 . 0304 (8) and 1-4 . 0105 (2) of the City Code dealing with council meeting minutes and manner of publication. We also reviewed the 1993 legislative change's to the ethics/gift law, handicapped parking, and beer, liquor & wine control law as they impact on the Fairfax City Code. It would be our recommendation that the city purchase from Iowa Codification, Inc. , their suggested amendments for the ethics and gift law, the handicapped parking and the beer, liquor & wine control law. Iowa Codification, Inc. , recommends that you replace the detailed beer, liquor & wine control ordinance in the Fairfax Code with a shorter version which incorporates by reference Chapter 123 of the Iowa Code. The Iowa legislature continues to change this law each year and you ;should save money on future amendments by simply incorporating Chapter 123 by reference into the Fairfax code. Marsha Cory also suggested that you send a copy of the ordinance amending the Fairfax gift law which we prepared last November 1992 so that she can determine whether their suggested amendments relating to the 1993 legislative changes will be compatible with our prior amendment. ......... LYNCH, DALLAS, SMITH & HARMAN, P. C. i i Ms. Betty J. Panek -2- September 2, 1993 It would be our recommendation in the future that when you receive recommendations from Iowa Codification, Inc. , regarding amendments to the City Code made necessary by changes in the Iowa law, that it would be more economical for Iowa Codification, Inc. , to provide the necessary amendment and subsequent codification of the same. In speaking with Marsha Cory, we understand you may check off those amendments you want to obtain on the form they provide and they will send the proposed amendment to you, at which time we could review the same before presenting it to the council for approval. If the council does not believe the ordinance as suggested is appropriate, the city would not be required to pay for the amendment and could return it to Iowa Codification, Inc.. We also feel that it would be more economical to purchase the handicapped parking amendments from Iowa Codification, Inc. , as they have been extensively changed. You should note that one of the changes requires that the handicapped parking sign shall include a statement that the fine for improperly using the handicapped parking space is $50. When you contact Marsha Cory you should inquire whether you need any of the 1992 suggested amendments or whether the 1993 amendments will suffice for the ethics/gifts, beer/liquor and handicapped parking changes. Please forward any amendments you receive to us so we might review the same before they are presented to the council for consideration. If you have any questions, feel free to contact us. Very truly yours, LYNCH, DALLAS, 'SMITH & HARMAN, P.C. By: Scott E. McLeod jan/ltr/panek.sem Enclosures IOWA-ILLINOIS GAS AND ELECTRIC COMPANY ROCK ISLAND,ILLINOIS s September 13, 1993 Mr. Vernon Creveny 518 Lion Street Fairfax, 1A 52228 Dear Mr. Creveny: Congratulations! Your community has been selected as a GREEN TEAM Community. You will be awarded a grant from Iowa--Minois in the amount of$1,000 to use for your community's tree planting program. Iowa-Illinois has contracted with Trees Forever to administer the GREEN TEAM program. A community coordinator from Trees Forever will be contacting you soon to provide ice for your tree planting program. Please feel free to contact your community coordinator or me if you have questions or need assistance. Enclosed is my business card. Hook forward to working with your community and wish you the best of luck with your tree planting program. Thank you for wanting to make your community and the state of Iowa a better place to live. By planting trees, you are helping the environment and conserving energy. Sincerely, _ I Sheila G. Nfi lls Green Team. Project Manager Enclosure 1 830 SECOND AVENUE. SUITL 100, ROCK ISLAND.ILLINOIS i61i201 S'P'ATE OF IOWA County of Linn S. CITY OF FAIRFAX The Fairfax Ch,Council met in regular session' on Ttaesday Sepfember,14th at 7:00 P.m::at City. trill :` Mayor Nading presiding.wilh all.Councit present. Nation of Neuhaus,2nd:Cerveny to the agenda;:Mi tries of ppevfous meeting,Budget and Ftnancsai Reports;MC Liquor pemmitsfor the.Hand6 Mart and Star Hotel &L€very were aporovedon a motion.bv Sheely;,2nd Neuhaus MC A request for,a as€ang perms, from. Marion I,J. H ATlKY, III, being duly Sworn on my oath, do say, that .Smith for a deck waS approved on a motion;of 1 �". I11.t�A.J%�I Cerveny„2nd Peters.MC ..Motion hRIP0F10epu2nd water us ouijCity...exislow I am publisher of THE CEDAR RAPIDS GAZETTE, a Dick Phillpv rio pump water Phrbugh an..existing pipe from the Quarry to Prafrie Creek.:Mrs Philipp Will furnish fits ovin pump.The City feels that since Newspaper issued dally and printed at Cedar Rapids, n said the Quarry 14 private property we are not going to 9 become€nrvloived in the matter.MC.' Motion of Qutt(Qn,2nd 5heety a letter Wilt be sent County of Linn, that the Notice! of which the annexed printed to:Mr:'8.Mrs.Brophy.thai they.shot9d ga.to the '3 Board of Review ibr a 1Jar€ante for their garage. MC. Matson by Sheely 2nd Cerveny Scot t On was cagy, was inserted and published in said newspaper in the . given:permission'10 run a vibe through:the curb to issues of.. drain:his yard MC .................................... ........................................................... Cerveny rniadeat motion that the r0 ma€nlnO tide walk issue be tabled until such time as the City does. the Streets and that grades Can be.set.Some side-: ...................................................................................................... ,..,., Walks Mat are in good repair but not to code will be grandfathered in..2nd Quillin.MC: Discussion Was held on personnelrnaflers,mo- ...• 1•••..• ..................•• ...........I..................•••••....•• lion of Peters that the City will implement a Wor S� E1T1�] T �F 19 g3 korder system'and Write up a complete lob de= scripifon„2nd Steely,MC. ..................................... .......e ............. ., ... Mayor Russ loading tendered his rest snation,ef- fee y�� fecflve September 15th. He is moving out of the and the reasonable lee for publishing said N 6.2...3.1 Notice is$. City.The CDuncif would.like to Thank Russ for his ”" many.:years of service:tay the Citizens of Fairfax Ordinau a:179,MlNit'aES presented and read the,1st tittle:Cerveny moved the approval of the ordinance on Its 1st readfng and that the prace- duraf requirements as set:forth be suspended as provided for in code of Iowa, and that the Ordi- nance be placed on its 2nd.and 3rd readings by its til€e.2nd Peters:MC The Ordinance Was then read the 2nd and 3rd time by its P€lle.Cervenv moved She T�T �T�7� T adoption of Ordinance 179 as read:2nd Sheely.MC. "e zlairied J,F 1 ALaL�lJl,i Ill in i�Iy an� y hii7l sworn to, Mayor Nading declared Ordinance 179 adopted and f ➢ presence, in effect as per publication requirements. Cedar 7 Ordinamce TRO-MANNER OF PUBLIC ATtotJ- before ixie �t Cedar Rapids, Linn County, Iowa 011 this ............... was presenfed:and read the 1lst time. CervenY moved the approval of the:Ordinance on ils ]s1 readfng and that the procedural requirements be y of..............................................F'.��..��.....A. D., iJ g3 suspended as provided for in the Code of Iowa and a' that ngsba is 181} d placed C..T and in 3rd Given under my hand and �Notari $ea . readings by its title-2nd Peters:MC::The Ordinance was Men read the 2nd 8. 3rd times by its T€11e. Cerverw moved the adoption of the ordinance as read.2nd Shealy;MC,Mayor Nading declared Or- dlnance 180 adopted and in effect as per publicaflon requirezmaents. .................. .� .. . . . . ......................... Motion of Peter's,2nd Sheely the following build- €ng permits were approved. Bersiler a shed and No y ubliC in and fo nn County, Iowa Roof'a shed:-MC, Councilman Vernon Cerveny announced that the F.A.° ,Committee again Was awarded a$1,000.00 grant from la-It Gas✓4,Electric for Trees Forever. Motion of Cerveny; 2nd Quillin the Clerk given perm4sslon to attend IMFOA meeting Oct.20,21, bove from i{� 22.MC ............................ ......,..,,..................17.............. Motion of Sheely 2nd Neuhaus fo approve the bills presented for payment.MC CEDAR RAPIDS GAZ=E, INC. Alt motions were approved by`aye votes by alt Council:members, Motion of Peters,2nd Sheely.meeting adjourned at 9:301 IP.M. Russell D.Mdjng,Mayor Betty J Panek,City Clerk BILLS PRESENTED FOR PAYMENT GENERAL LinilaBalog ....54.22 VIII 2277 17 IPER..S -" _. 224.4'Y,.' B y............................................................... Linda'Salog Petty Cash 27.23 Post Oftica 145.00 Landisll .. 1 aga la . Dyne Med.........:................. ..... 15160. Gazaway&Assoc ...... ......27.50.' Haw3is DesBgn:.::: 1.512.50' 16WARadioSupp ................ ::..:...74.10: Mid;Codtihentr.:.: 4.00 y PudiE.Plumbsnp;; 45.00 Steelsmflh Sanitation ..... 2,940.86 Taynes Friire:Trut Seru b0.00 Lynch Dallas Smith 9 Harman-, :.3,069.05 Bake3r S,Taylor;: ..:: :::.... 155.11 Erb`s O^fficeMachines:. .................65.45 la-11 G.as&Electric .......: ............., 28.07 ..:....... Nat'l Literary Distr ......,...433.75: 5,152 Fed W/H1&FICA State f#I SZ:25: .......................................... Sporismao Lounge. Beeper over.People— Flaps America .......... 76.00. Gazette.>: .......... 6136 ................ Gralnge nc---, 54.20. .......... Idwa ElecMic .Linn Cd Auditor- .............. .......... a'380.00 Payless Cashways . . . . . .. . ............... VirgInia Soukup., ............... Superior Motor........ ........................ zeb'S'Olf ;. . I I.. . .............. ............. Terry George ...................... I04.00 ChildreMS Press Media Source. 6134 Macmillan Publ 171 tDLIIII Vope Tel Ralla � ....... 74,12 RUT bie Superstores 51.63 18-It Gas&Efecfr[c m2a. Crawford Quarry .......... ........... 223.97 Hall&Hall -4 1,422.55: Linn Co R EC . .... 1 ;4'� ;-11 23:40 .......... Payless Cmhway - — m m.. "'g1:;..-1..;—..:17,99 T.S.C.Industries ; — ..— . .. ... ... ................ zews Oil ...... 35.85 la-11 GO ................. .......... 10,56. All Seasons Eq u 29,25 Grainger irm...........- ............... 54,48 Iowa Electric... -.; I. . ................. 410.50. Neuhaus Inc 70,95 112.11- Whifters Turf Farm.-. 320.00 Concrete RecycFersi.i. :. ............................ South.slope Tel .............. —.4.00 WATER. §a-I[Gas&15.Iectrlc�.. m ...............— IPERS, .......... .......... ........... Payless Cashways :I I I . . . ;�''� ��; Globe Machfwv- ............. 150Z3 Iowa Electric 283.j6 la-ff Gas.&EleclrTc 12.90 Fed WIH:&FICA.. ............ State WIN:, G&H 55,00 Hach Post Mce Salaries.»:: ....,a: SEWER: Blue Biueshlefd 486.84 IPERS:. 145 Z$ owa kidio S'UP"P-i Y'�7 131 T7 Iowa Electric €i..46511: Payless Cash woys.—. Salaries. Fed W1a'&FICA.,"., 298.41 Slate wyk' Greiner Well Sera Sankat's�Garage :South Stove Tel--71 6175 RECEIPTS. General 6;564.39 lebi Service—. ire Dept 50.00. Water:.: RUT.,�.— ............. 3,503.50 ..Library T&A.__,,__ Cap 1pv6estmenls...... ..............I.—l-.......... 26736: Sewer