HomeMy WebLinkAbout10/11/1994 Council Minutes CITY OF FAIRFA
COUNCIL MEETING - TUESDAY OCTOBER 11 , 19'94 - 7 : 00 P.M. - CITY HALF
TENTATIVE AGENDA
Approval of Agenda, Minutes of the September 13th meeting, Budget
and Financial reports .
DISCUSSION WITH POSSIBLE ACTION ON THE FOLLOWING AGENDA ITEMS.
1 . Sheriff ' s Department .
2 . Maintenance Report - Request to attend meetings . Lud -
Roadside weed Management Oct. 19 & Nov. 7th. Lud & Ron to
attend Region '.I Water Pollution Control DNR Oct . 26th.
Betty IMFOA - Des Moines Oct. 19 , 20 & 21st . Ron' s Work
and Salary.
3 . Building Permits - Dennis St . Germain, building on East
Cemetery Rd. Ornamental Concrete storage building.
4 . Addendum to Preconstruction Agreement from the DOT.
5 . Discussion on the Blue Stem Agreement .
6 . Amendments to Ordinances .
191 - Mobile Homes, Mobile Home Park, Manufactured Homes ..
192 - Cruelty to Animals
193 - Publication of Election Notices .
194 - Public Hearing before Cutting' off utility service .
195 - Harrassament
196 - Prohibited sales on Liquor
197 - Lein for non-payment of Sewer Bills .
7 . Kiln Operation of Allen & Linda Root.
8 . Fire Department.
9 . Library Report
10 . Discussion of a building code for the City of Fairfax.
11 . $1 , 000 Grant from Ia-I1 Gas for Trees .
12 . Opportunity for Citizens not on the agenda .
13 . Bills presented for payment .
14 . Adjournment.
CITY OF FAIRFAK
The Fairfax City City Council met on Tuesday October 11 , 1994 at
7 : 00 p.m. at City Hall. Mayor Sheely presiding with Councilmembers
Neuhaus, Shakespeare, Wainwright and Root, Stallman arrived at 7 . 40
p.m.
Motion by Neuhaus to approve the Agenda, Minutes of the
September meeting, Budget and Financial Reports . 2nd Shakespeare.
MC.
Building Permits : Motion by Shakespeare, 2nd Neuhaus to approve
the request of Dennis St. Germain for a building at Hwy 151 and E.
Cemetery Rd based on the approval of the DOT for sight clearance .
MC. Motion by Wainwright , 2nd Neuhaus to approve the permit for
Randy Rohrer , Ornamental Concrete for a new building. MC. Motion by
Neuhaus , 2nd Wainwright to approve the permit of Rick Rosendahl for
a single family home. MC .
No Sherff in attendance .
Maintenance Reports : The city will check all burning permits
within the City Limits . Our ordinance prohibits open burning and
will not be allowed. Lud will talk with Mrs . Miller about her pile
and she will given 2 weeks to remove it or the city will clean it
up and she will be billed. The city would like to give a Big Thank
You to Bob Carson, Carson Construction for his help in boring a
hole under Prairie when we were installing a new water line . Lud
will take the old Fire Truck to D&S to get it ready to put the
sander on it .
Motion by Wainwright, 2nd Neuhaus Lud will attend Roadside Weed
Management Workshops Oct , 19 & Nov. 7 , Lud and Ron will attend
Region I Water Pollution Control Meeting Oct . 26th, Betty to Attend
IMFOA meeting Oct. 19, 20 & 21 . MC .
Motion by Wainwright, 2nd Shakespeare to approve the Addendum to
the Preconstruction Agreement . MC .
Motion by Shakespeare, 2nd Neuhaus to table signing of the Blue
Stem Agreement until the November Council, Meeting. MC.
The Following ordinance amendments were approved by motion of
Shakespeare , 2nd Neuhaus , Shakespeare then moved that the
Procedural requirements as setforth in Section 380 . 3 , Code of Iowa,
be suspended as provided for and that the Ordinances be placed on
its second and third readings by its Title . 2nd Neuhaus . MC.
Ordinance 191 - Manufactured, Mobile and Modular Homes .
192 - Animal Neglect, penalities for viloations .
193 - 'Notice of Publication of Elections .
194 - Notice of hearing before shutting off water .
195 - Harassment - Stalking
196 - Sell, or giving alcoholic beverage to minor ,
197 - Liens for non payment of Sewer rentals .
Mayor Sheely declared all Ordinance amendments in effect as per
publication requirements.
Discussion was held on the Kiln operation of Linda and Allen
Root . The Roots want to put in a gas furnace , instead of the wood
burning one . Neuhaus said he would object to any gas in a metal
building on skids, if the Roots would apply for a permit to erect
a building and put in frost footings and a concrete floor he may
change his opinion, K. Bullock, neighbor , objected to the old wood
BILLS PRESENTED .FOR PAYMENT
GENERAL
Cedar Custom Computing 345 . 00 South Slope Tel . 11.5.81
la-Il Gas & Electric 46 . 41 Entre 75.00
Bill Barry, Shots 122 . 27 Baker & Taylor 4701.45
Ilten' s Inc. 102 . 45 Smilerm,aker 15.80
Demco Office 14 . 34 Erb ' s Business Machines 651.45
Office Enterprises 86 . 50 Ebsco 191.19
Barnes & Noble 58 . 27 Main Line Books 39.85
Children' s Press 77 . 91 Clarion Hotel 122.40
Linda Balog 75 . 99 John Madland - training 60.00
Mike Sankot - Pop Machine 75 . 00 Blue Cross/Blue Shield 585.62
Fed W/H & FICA 691 . 22 IPE"R ' S 272'.00
State W/H 91 . 82 Linda Balog, Petty Cash 18.68
Advance Millwork 135 . 72 Alliance Medical 51,35
Blue Stem 571 . 90 CTS Textile Leasing 36..00
Danko Fire Equip. 5 . 89 Doors ,, Inc. 25.'50
Firefly Books , Ltd. 47 . 50 Gazette 51.68
Graybill Electronics 230 , 00 Hawkeye Fire & Safety 54.00
Follett Software Co. 150 . 00 IES Utilities 430..52
Johnson Specialty Sales 25 . 50 Matt 'Parrott 221.02
Mid Continent 41 . 80 Payless Cashways 103.91
Pioneer Office Products 147 . 35 Southeastern Books 152'.92
Steelsmith Sanitation 3 ,038 . 08 Thomson Learning 48.31
Salaries 1 , 774 . 26 Ladco 49.91
Lynch, Dallas , Smith & Harman
2 ,245 . 76
RUT
Ia--II Gas & Electric 9 . 84 IES Utilities 611.63
South Slope Tel . 6 . 00 Linn Co. REC 23.40
WATER
Fed W/H & FICA 500 . 74 IPER ' S 173.19
State W/H 75 . 65 State Treasurer 434.61
G&H Electric 547 . 82 Hach Company 833.05
IES Utilities 281 . 60 City of Norway 76,95
Pudil Plumbing 875 . 00 Schimberg' s 277.47
Waterpro 478 . 62 Ia-I1 Gas & Electric 11.59
Iowa one Call 31 . 20 Salaries 1,070.65
Hygienic Lab, 92 . 00
SEWER
Linn Co . Extension 20 . 00 Post Office 185.85
Fed W/H & FICA 391 . 48 IPER'' S 136.91
State W/H 59 . 15 Treasurer State of la 37.12
Petty Cash 17 . 63 IES Utilities 122.43
South Slope TE1 . 63 . 75 Salaries 728.31
Hygienic Lab. 33 . 00
RECEIPTS
General 5 , 501 . 00 RUT 4,430.71
Debt Service 2 ,092 . 93 Library T&A 21.5.81
Fire Dept 553 . 44 F .A..T Acct 9.79
Gen Savings 12 . 54 Cap Investment 336.24
Water 10 , 490 . 26 Sewer 4,729.69
MAINTENANCE LETTER
To my knowledge the house and lot east of the water tower is for
sale . Under the water tower the city owns special equipment for
treating the water , one of which is chlorine gas, which is used for'
purification.
We have done some research concerning the safety of this
product . Lud & I both know the dangers of this gas , and the
building is properly marked and venilate .
To somewhat further protect and warn the citizens that live in
the area, we feel it is necessary to inform the council of the
hazard, and the purchase of a monitor to warn us of a chlorine
leak.
This equipment is telephone and radio compatible, along with
visual and alarm monitoring.
We feel the Council should know of this threat , and budget for
a chlorine monitor in the near future . The cost of a monitor is
around $1 , 500 (not installed) .
Especially if this lot is sold, with the possibility of building
a new home , close to city property where chlorine gas is stored and
administered to the city water system. Even is the lot is vacant we
do not feel it is safe without some kind of gas monitor or warning
system.
LYNCH , DALLAS, SMITH & HARMAN, P. C.
DONALD IE,SMITH ATTORNEYS AT LAW SEAN W. MGPARTLAND
DONALD G,, R113BLE 526 SECOND AVENUE SE MATTHEW J. NAGLE. '..
H, EDWARD BEATTY JANA L. HAPPEL
GERALD, LYELL FATKA POST OFFICE BOX 2457 ELIZABETH D,JACOBI
SCOTT E. MCLEOD CEDAR RAPIDS, IOWA 52406-245.7 THOMAS D. WOLLE '..
ROBERT R. RUSH TELEPHONE 319 365-9101
JOHN M,.TITLER '..
HUG'O C.BURDT FACSIMILE 319 365-9512 CHARLES J. LYNCH U905-1983)
EDWARD J. KRUG WILLIAM M. DALLAS (1905-1981)
WILFORD H.STONE RALPH V. HARMAN, RETIRED
September 22 , 1994
Ms. Betty J. Panek
City Clerk
525 Vanderbilt Street
P.O. Box 93
Fairfax, IA 52228
Re: Amendment to Ordinances Because of
Legislative Changes
Dear Betty:
We have reviewed the 1994 Iowa legislative changes
affecting City Code's which you sent to us. We recommend the
following amendments to the Fairfax City Code to reflect some
of these changes.
House File 637 relating to animal control added several
provisions relating to livestock neglect and abuse. If the
city council believes this is an area which should be a part
of the City Code, please advise. Otherwise, we are
recommending changes to Sections 3-2 . 0102, 3-2 . 0104 , 3-2 . 0113
and 3-2 . 0114 dealing with animal neglect which conform to the
Iowa Code. We also recommend changes to Section 3-2 . 0115
which will increase the penalty for a violation of Section
3-2 . 0102 , 3-2 . 0104 , 3-2 . 0105 and 3-2 . 0110 to a simple
misdemeanor punishable up to 30 days in jail or a fine not to
exceed $100 and for all other violations a lesser schedule of
fines.
We also recommend changes to the City Code relating to
Manufactured, Mobile and Modular homes to conform with the
1994 legislative changes. The most significant change
requires that any such home located outside a mobile home park
after July 1, 1994 must be placed on a permanent foundation
and be assessed and taxed as real estate.
You should note that SF 2219 now requires that notice of
elections must be published in a newspaper rather than by
posting in a city with population under 200 . We recommend
that Section 1-4 . 0105 (2) be amended to reflect this change..
LYNCH, DALLAS, SMITH & HARMAN, P. C.
Ms. Betty J. Panek -2- September 22 , 1994
You should note that Iowa law now requires that a city
give an account holder written notice of the nature of the
delinquency and an opportunity for hearing before a city may
discontinue utility services for non-payment. We therefore
enclose an amendment to Section 6-1. 0305 which conforms to
these changes.
The 1994 legislature enacted a specific law aimed at the
crime of stalking. I could not find any provision in the city
Code dealing with stalking and therefore the city should be
covered by the new state law. We do recommend amending
Section 2 . 1-1. 0103 dealing with harassment by adding a new
subsection 5 to conform to changes in the similar state law.
We also recommend changes in Section 2 . 1--3 . 0205 to
conform to the amendments to Section 123 .49 of the Iowa Code
which provide that a person shall not self. , give or supply an
alcoholic beverage to any person or allow any person to
consume such without first exercising reasonable care to
ascertain whether the person is under legal age.
We could not find any provision in the City Code dealing
with the sale or possession of tobacco to persons under age
18 . It is now, not only unlawful under the Iowa Code to sell
tobacco to persons under age 18 , but also a person under age
18 shall not o�sses s. tobacco or cigarettes. If the city
council desires to adopt an ordinance relating to possession
and use of cigarettes by persons under age 18 , please advise.
Otherwise, it will only be covered under the Iowa Code.
We also recommend an amendment to Section 3--3 . 0506
regarding liens for non-payment of sewer rentals which
conforms to changes in the Iowa Code.
If you or the council have any questions, please call .
Very truly yours,
LYNCH, DALLAS, SMITH & HARMAN, P.C.
By: .
Scott E. mcLeo
jan/ttr/panek.sem
Enclosures
ORDINANCE
AN ORDINANCE AMENDING TITLE III - MENTAL AND PHYSICAL
HEALTH, CHAPTER 3 - LIQUID WASTE, AR'T`ICLE 5 - SEWER
RENTAL, SECTION 3-3 . 0506 LIEN FOR NON-PAYMENT PERIOD 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 3-3 . 0506 Lien for Non-Payment, of Title 3 - Mental and
Physical Health, Chapter 3 - Liquid Waste, Article 5 -- Sewer
Rental of the City Code of Fairfax, Iowa.
Section 2 . Section 3-3 . 0506 Lien for Non-Payment is
hereby amended by deleting Section 3-3 . 0506 in its entirety
and substituting in lieu thereof the following:
3-3 . 0506 Lien for Non-Payment. All rates or charges for
sewer rental, if not paid as provided by ordinance or
resolution, are a lien upon the premises served and shall
be enforced as provided in Section 354.84 of the Iowa
Code.
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..
Adopted this day of , 1994-, and
approved on the same date.
Mark Sheely, MA yor
ATTEST:
yBetty J.q P4.iek, City Clerk
jan/sem/ordinance
ORDINANCE _
AN ORDINANCE AMENDING TITLE II - COMMUNITY PROTECTION,
DIVISION 1 - LAW ENFORCEMENT, CHAPTER 3 - BEER, LIQUOR
AND WINE CONTROL, ARTICLE 2 - LIQUOR LICENSES AND WINE
AND BEER PERMITS, SECTION 2 . 1-3 . 0205 (5) 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 2 . 1-3 . 0205 (5) of Title II - Community Protection,
Division 1 - Law Enforcement, Chapter 3 - Beer, Liquor and
Wine Control, Article 2 - Liquor Licenses and Wine and Beer
Permits of the City Code of Fairfax, Iowa.,
Section 2 . Section 2 . 1-3 . 0205 (5) is hereby amended by
deleting this section in its entirety and substituting in lieu
thereof the following:
2 . 1-3 . 0205 PROHIBITED SALES AND ACTS. A person or club
holding a liquor license or retail wine or beer permit and the
person' s or club 's agents or employees shall not do any of the
following:
5. Sell, give or otherwise supply any alcoholic
beverage, wine or beer to any person, knowing or
failing to exercise reasonable care to ascertain
whether the person is under legal age., or permit any
person, knowing or failing to exercise reasonable
care to ascertain whether the person is under legal
age, to consume any alcoholic beverage, wine or
beer.
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.
Adopted this ," day of ,,i(� _ 1994-, and
approved on the same date.
Mark Sheely, May
ATTEST:
1I �
Betty J j nek, City Clerk
ORDINANCE 4j
AN ORDINANCE AMENDING TITLE II - COMMUNITY PROTECTION,
DIVISION 1 - LAW ENFORCEMENT, CHAPTER 1 - PUBLIC
OFFENSES, ARTICLE 1 - PUBLIC PEACE, SECTION 2 . 1-1. 0103
HARASSMENT. , 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 2 . 1-1. 0103 Harassment, Title II Community
Protection, Division 1 - Law Enforcement, Chapter I - Public
Offenses, Article 1 - Public Peace, of the City Code of
Fairfax, Iowa.
Section 2 . Section 2 . 1-1. 0103 Harassment. , is hereby
amended by deleting it in its entirety and substituting in
lieu thereof the following:
2 . 1-1. 0103 HARASSMENT. No person shall with intent to
intimidate, annoy or alarm another person, do any of the
following:
1. Communications. Communicate with another by
telephone, telegraph, or writing without legitimate
purpose and in a manner likely to cause the other
person annoyance or harm.
2 . Simulated. Explosive. Place any simulated
explosive or simulated incendiary device in or near any
building, vehicle, airplane, railroad engine or
railroad car, or boat occupied by such person.
3 . Merchandise or Services. Order merchandise or
services in the name of another, or to be delivered to
another, without such other person ' s knowledge or
consent.
4 . False Reports. Report or cause to be reported
false information to a law enforcement authority
implicating another in some criminal activity, knowing
that the information is false, or reports the alleged
occurrence of a criminal act, knowing the same did not
occur.
5. A person commits harassment when the person,
purposefully and without legitimate purpose, has
personal contact with another person, with the intent
to threaten, intimidate, or alarm that other person.
As used in this section, unless the context otherwise
requires, "personal contact" means an encounter in
which two or more people are in visual or physical
proximity to each other. "Personal contact" does not
require a physical touching or oral communication,
although it may include these types of contacts.
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..
Adopted this . ,g day of ! , � � , 1994 , and
approved on the sate date.
Mark Sheely, 4ayor
ATTEST:
r' ,Y
Betty J. nek, City Clerk
jars/sem/ord.harass
ORDINANCE }�# =
AN ORDINANCE AMENDING TITLE VI - COMMUNITY DEVELOPMENT
AND ENVIRONMENT, CHAPTER 1 - WATER SERVICE, ARTICLE 3
WATER RATES, SECTION 6-1. 0305 SERVICE DISCONTINUED. , 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 6-1. 0305 Service Discontinued of Title VI - Community
Development and Environment, Chapter 1 - Water Service,
Article 3 - Water Rates, of the City Code of Fairfax, Iowa.
Section 2 . Section 6-1. 0305 Service Discontinued is
hereby amended by deleting this Section in its entirety and
substituting in lieu thereof the following.
6-1. 0305 Service Discontinued. Water service to
delinquent consumers shall be discontinued in accordance
with the following;
1. Notice and hearing. The City Clerk shall send a
written notice by ordinary mail to each delinquent consumer
that water service will be discontinued if payment, including
late payment charges, is not received by the tenth (10th) day
of the month following the date of the notice. The notice
shall also inform the consumer of the nature of the
delinquency and the opportunity for a hearing prior to
discontinuance of service. If the consumer is a tenant, and
if the owner or landlord of the property has made a written
request for notice, the notice shall also be given to the
owner or landlord.
2 . Service Discontinued. The superintendent shall shut
off the supply of water to any consumer who, not having
requested a hearing, failed to make payment by the tenth
(10th) day of the month following the date of the notice.
3 . Fees. A turn on fee of $10 . 00 shall be charged
before service is restored to a delinquent consumer. No turn
on fee or service fee shall be charged for the usual or
customary trips in the regular changes in occupancies of the
property.
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.
Adopted this . day of L—sz .�u )' , 199#-, and
approved on the sane date.
Mark Sheely, Ma.y. r
ATTEST:
Betty , anek, City Clerk
ORDINANCE ��}
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) 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
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 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 .
Section 5 . This ordinance shall be in full force and
effect from and after its passage, approval and publication
as provided by law.
i
Adopted this day of Q ,, g 7 199' and
approved on the sane date.
Mark Sheely, Nfyor
ATTEST: --�
Betty J. P ek, City Clerk
ORDINANCE }� Z
AN ORDINANCE AMENDING TITLE III - MENTAL AND PHYSICAL
HEALTH, CHAPTER 2 - ANIMAL PROTECTION AND CONTROL,
ARTICLE 1 - GENERAL PROVISIONS, SECTION 3-2 . 0102 CRUELTY
TO ANIMALS. , SEC'T'ION 3-2 . 0104 EXHIBITIONS AND FIGHTS. ,
SECTION 3-2 . 0105 INJURIES TO ANIMALS. , SECTION 3-2 . 0113,
DISPOSITION OF LICENSED DOGS . , SECTION 3-2 . 0114
DISPOSITION OF UNLICENSED ANIMALS . , SECTION 3-2 . 0115
SCHEDULED OFFENSES AND FINES, AND SE'C'TION 3-2 . 0117 COURT
PENALTY 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 3-2 . 0102 Cruelty to Animals. , Section 3-2 . 0104
Exhibitions and Fights. , Section 3-2 . 0105 Injuries to
Animals. , Section 3-2 . 0113 Disposition of Licensed Dogs. ,
Section 3-2 . 0114 Disposition of Unlicensed Animals. , Section
3-2 . 0116 Scheduled Offenses and Fines. , and Section 3-2 . 0117'
Court Penalty, of Title III - Mental and Physical Health,
Chapter 2 - Animal Protection and Control, Article 1 -
General Provisions, of the City Code of Fairfax, Iowa.
Section 2 . Section 3-2 . 0102 Cruelty to Animals is
hereby amended by deleting this section in its entirety and
substituting in lieu thereof the following:
3-2 . 0102 ANIMAL NEGLECT. A person who impounds or
confines, in any place, a animal is guilty of animal neglect
if the person does any of the following: fails to provide a
confined dog or cat with adequate shelters; or tortures,
deprives of necessary sustenance mutilates, beats, or kills
an animal by any means which causes unjustified pain, distress
or suffering, whether intentionally or negligently.
Section 3 . Section 3-2 . 0104 Exhibitions and Fights, of
the City Code of Fairfax, Iowa is hereby amended by deleting
this section in its entirety and substituting in lieu thereof
the following:
3-2 . 0104 EXHIBITIONS AND FIGHTS. A person shall not
arrange, promote, or stage an exhibition at which any animal
is tormented, or in which there is a fight between animals or
between a person and an animal . A person shall not maintain
an establishment where such an exhibition is conducted.
Section 4 . Section 3-2 . 0105 Injuries to Animals,
of the City Code of Fairfax, Iowa is hereby amended by
deleting this section in its entirety and substituting in lieu
thereof the following:
3-2 . 0105 INJURIES TO ANIMALS. Any person, having no
right to do so, shall maliciously kill, maim, or disfigure any
animal of another, or maliciously administer poison to any
such animal, or expose any poisonous substance with the intent
that the same should be taken by any such animal.
Section 5 . ;Section 3-2 . 0113 Disposition of Licensed
Dogs, of the City Code of Fairfax, Iowa is hereby amended by
deleting this section in its entirety and substituting in lieu
thereof the following:
3-2 . 0113 DISPOSITION OF LICENSED DOGS. Owners of
licensed dogs which have been impounded shall be notified
within two (2) days from impoundment that upon payment of the
license fee, if unpaid, and by payment of all costs and
charges incurred by the city of the agency authorized to
impound dogs, including the maintenance of the dog, the dog
will be returned. If impounded licensed dogs are not
recovered by their owners within seven (7) days after notice,
the dogs shall be disposed of in a humane manner as directed
by the council, or otherwise disposed of in accordance with
law.
Section 6 . Section 3-2 . 0114 Disposition of Unlicensed
Animals, of the City code of Fairfax, Iowa is hereby amended
by deleting this section in its entirely and substituting in
lieu thereof the following:
3-2 . 0114 DISI"OSITION OF UNLICENSED ANIMALS . Impounded
unlicensed dogs or other animals may be recovered by the
owner, upon proper identification, by payment of any required
license fees and by payment of all costs incurred including
maintenance. If such dogs or other animals are not claimed
within seven (7) days after impoundment they shall be disposed
of in a humane manner as directed by the council, or otherwise
disposed of in accordance with law.
Section 7 . Section 3-2 . 0116 Scheduled Offenses and
Fines, of the City Code of Fairfax, Iowa is hereby amended by
deleting this section in its entirety and substituting in lieu
thereof the following:
3-2 . 0116 SCHEDULED OFFENSES AND FINES. The following
scheduled fines are fixed for violation of the designated
sections in Title III, Chapter 2 , Article 1 of the Fairfax
City Code:
A violation of Section 3--2 . 0102 , Section 3-2 . 0104,
Section 3-2 . 0105, or Section 3-2 . 0110 shall constitute a
simple misdemeanor, and upon conviction a person shall be
imprisoned not to exceed thirty (30) days, or fined not to
exceed One-Hundred Dollars ($100. 00) .
For a violation of all other sections a fine not to
exceed Fifty Dollars ($50 . 00) .
Section 8 . Section 3-2 . 0117 Court Penalty is hereby
amended by deleting this section in its entirety.
Section 9 . All ordinances and parts of ordinances in
conflict hereof are hereby repealed.
Section 10 , S'everability. 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 11, This ordinance shall be in full force and
effect from and after its passage, approval and publication
as provided by law.
r
Adopted this l day of0, .ia _ ' , 1994 , and
approved on the same date.
Mo.---
Mark Sheely, May
ATTEST:
Betty anek, City Clerk
jan/sem/ordinances
ORDINANCE
AN ORDINANCE AMENDING TITLE VI - COMMUNITY DEVELOPMENT
AND ENVIRONMENT, CHAPTER 7 - MOBILE HOMES AND MOBILE HOME
PARKS, SECTION 6-7. 02 (1) , SECTION 6-7 . 02 (2) AND SECTION
6-7 . 02 (3) , OF THE CITY CODE OF FAIR:FAX, IOWA
BE IT ORDAINED BY THE CITY COUNCIL OF FAIRFAX, IOWA.
Section 1. The purpose of this ordinance is to amend
Section 6-7 . 02 (1) G°Mobile Home" or "House Trailer" , Section
6-7 . 02 (2) "Mobile Home Park" or "Trailer Camp" , and Section
6-7 . 02 (3) "Manufactured Home" of Title VI - Community
Development and Environment, Chapter 7 - Mobile Homes and
Mobile Home Parks of the City Code of Fairfax, Iowa.
Section 2 . Section 6-7 . 02 (1) "Mobile Home" , Section 6-
7 . 02 (2) "Mobile Home Park" and Section 6-7 . 02 (3) "Manufactured
Home" , are hereby amended by deleting each section in its
entirety and substituting in lieu thereof the following:
6-7 . 02 DEFINITIONS . For use in this chapter the
following terms are defined:
1. "Mobile Home" : shall mean any vehicle without
motive power used or so manufactured or constructed as
to permit its being used as a conveyance upon the public
streets and highways and so designed, constructed or
reconstructed as will permit the vehicle to be used as
a place for human habitation by one or more persons; but
shall also include any such vehicle with motive power not
registered as a motor vehicle in Iowa. A "mobile home"
is not built to a mandatory building code, contains no
state or federal seals, and was built before June 15,
1976 . If a mobile home is placed outside a mobile home
park, the home is to be assessed and taxed as real
estate.
2 . "Mobile Home Park" : shall mean any site, lot, field
or tract of land under common ownership upon which two
or more occupied mobile homes, manufactured homes,
modular homes or a combination of the homes are harbored,
either free of charge or for revenue purposes, and shall
include any building, structure, tent, vehicle or
enclosure used or intended for use as part of the
equipment of such mobile home park..
The term "mobile home park" shall not be construed to
include mobile homes, buildings , tents or other
structures temporarily maintained by any individual,
educational institution or company on their own premises
and used exclusively to house their own labor or
students.
3 . "Modular Home" . shall mean a factory-built
structure, built on a permanent chassis which is
manufactured to be used as a place of human habitation,
is constructed to comply with the Iowa state building
code for modular factory-built structures, and must
display the seal issued by the state building code
commissioner. If a modular home is placed in a mobile
home part, the home is subject to the annual tax as
required by section 435 . 22 of the Iowa Code. If a
modular home is placed outside a mobile home park, the
home shall be considered real property and is to be
assessed and taxed as real estate.
4 . "Manufactured Home" ; shall mean a factory-built
structure built under authority of 42 U.S.C. §5403 , is
required by federal law to display a seal from the United
States department of housing and urban development, and
was constructed on or after June 15, 1976. If a
manufactured home is placed in a mobile home park, the
home must be titled and is subject to the mobile home
square foot tax. If a manufactured home is placed
outside a mobile home park, the home is to be assessed
and taxed as real estate.
Section 3 . All ordinances or parts of ordinances in
conflict herewith are hereby repealed.
Section 4 . Se:verability. 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.
„
Adopted this day of �. _ , 1994 , and
approved on the same date,
r
71
mark Mark Sheehy,, Mayo Y,'
ATTEST:
(2
Betty . .Oanek, City Clerk
jan/sem/mobile.ord
i
i
CITY .OF FAIRFAx
523A N"DERBILT STREET
FAIRFAZ IOWA 52228
(319)846 -2244
I , Betty j . Panek, City Clerk,
Fairfax, Iowa do hereby certify that
the attached Ordinances were passed
and approved by the Fairfax City
Council and was posted as required
by law at the Fairfax Library, Post
Office , Fairfax State savings Bank,
and City Hall on 12th day of October
1994 .
I , do hereby certify that the
attached Council proceedings are
Part of the Public Records on file
in the City Clerk' s Office .
Betty., JV Panek
i
STATE OF IOWA.
County of Linn ss.
CITY OF FAIRFAX
The�Famrfax Ctty Ci€k cduncF mei on Tdesdar.:
Ocfabei 1p, f494�a€700 p:m.at Ci)y:ball.Mayor:
sheety presiding'wath Cougcftmembers Neuhaus;
shakespeare, Wainwrisht:.arrd Raat:stallman ar
rived.of F 4,T'p nti:
Maridn by iNeutiaus to approva the J4genda,Min-
dies of fht;s.2hd Sber meeting,.Budget and Finan
cial t�eaarls.2ndzShakespeare MC.
Building Pergnlfs Matton::bv Shakespeare, 2ncY 11 Neuhaus is apprdiie Phe request Of.Dennis Sf Get=
nnain for a IbUtdiaget,Hwy P 5d and E.CemePery Rd: 1I'� TT A 7"17T�T T being based atr the l,6r at of w DOT for sight clear I,..,, .i". iZLt;l�il�I, iii, f,}eij]g u� y ',S, iTor i on illy oath, do Say,... that
ance MC PPOorwon;bY Wainwright,2nd Neuhaus fa
appra°.<;et,o parmft buiWi g, Rohrer, n by Neu- I am. publisher of THE CEDAR RAPIDS GAZETTE, a
Cohcre�a far a new badrtEng,MC.Motion Ornamental Neu-:
hausi 2nd tiWajhwrt hf to approve the aermit of Rick-
Rosenda€1k far a single family home.MC
Na shr�rf,n af#endancp Newspaper issued dally and panted at Cedar Rapids, In said
MaPnredarrece Reaarts. Thee city witf.:check all
burping palbits within the City Limits.Our oe.dt-
name 1rah11rrls gpgn burning and will not be aP_ County Of Linn; that the Notice of Which the annexed printed
Pawed.Lud will talk with Mrs.MPlier about her pile
andshewidpvent:: ,eeksraremaveirarlhecity copy, was inserted and published .in said newspaper In the
Will t&givef tip and she will be billed.The-city would
like to give a ffor Thank You lo:Bob Carson,Carson
Co lrle.vhon fat has help in:boring a:hole under
.Prairie whein we viers instafliiig a n issues of••
Lud wfff fake the 61. Pi ew:water line .... «»»,......................................................
ready.€o put the:tinderror,i. fa �&S fa get it
Motion by Wainwrishf, 2nd.Neuhaus::Lud will ........................................... ...................................................................
altend Roadside Weed Management.-Workshops
Oct 19.&Nay.7 1.ud and Ron wIIF efts
'Tier Polluttoni. anfrat Meetin O nd�.:Regtop-.I` ......................................................
end FF4aA meat( 4 ct.26th B Y o .........................
.Abtlon,bY Wtatafw meeting_ 19 20 g z1,`Mr.'ria' October i$
right,2nd:Shakespeare to ap- 94
prove the Addendum ............................................ ........., ...,.................A. D., 19..... ............».
Agreement.MC fa the Pr'construc' n
Madan ifs Shakespeare, 2nd.Neuhaus 1a,abbe and the reasonable fee for publishing said Notice is 68.32
sf9ning of life it a Stern.Agreement until,the No- � ...........
vent er Councdt Meeting.MC.
The Fofk'a 'ling Ordinance amendments were ap-
fsroved by rnottpn of Shakespeare, 2nd Neuhaus;
Shakespeare ritn'en moved fhat�rhe Procedural re- Cox
quiremeri as setforth in Section 38r1.3,-.Cade of
towa, be suspended as provided for-an d.that the
Qrdrnance5 de piPaced:oi its seco6 and third read=
sings by its.:-Ti1rlle.2nd'Neuhaus;.1MC
Ordinance T91 14tanufactU'red Mobile.and
A 92_Anim,at Negfe t du)nae.es"Ep�vialatians. bove named J.F. HLADKY, III, in my presence, and by him sworn to
193-Notice Of Publication of'EleClfons.- - Cedar Rapids,- 194-Notice before me at Cedar Rapids, Linn. 'County, Iowa on this s
i95-Iiarassmen€-:Stalking ... .
198-Sella or givlhg�afcoholic bevera i
191- Liens for non-pavmen se iaminor: .,A. D 1�„
Mayor She r'oP Sewer rentals day of............................................Oct October 94
ty declared all Ordinance amend- , ............•••••».
menfs in effect as Oar:Oublkaiion requirements. - /-�
OndA1ran was hetdon the kilnapera#ton ofUrt Given under my hand aiid NOt real Se
da and Allen i2aG5f.The Roats want to
furnace instead of the wood burning one�rNeuhaus (�
said he waufd abfecf to any gas in a metal buddPriq f
on sktds,it the t 00 s.would apofy for a permit fo
br the fenced n xt a anehange i buildings 1 footings and ...� ......0 'y I�11IUmIlf ... ;. ...............................
erecP a building and put in fra �,
ock netenc obiect d fo the aid woodttfrat�r5 p Bull
in and fornn County, Iowa
Pa f neighFsa s garages Molion by Neuhaus,2nd
i%Leinwr€gt1R to deny iRte;_Roofs Kilh Overa[ioh until
Ytrey come up tvhlh a belfer plan:14euhaus,Wairt
svright and Shakespeare mated axe SfarfmanslVay;
Roof abstained MCe`
Marcus BurnsaiRailse Freepa ieritienpt�la tby Or above fro Ill..........................................................19..............
feuhaus,2nd Wfaarnwr ght to approve the appoin€= CEDAR SID �r�11 IZ E, INC.
a.enP MC.The Chief said Phe Fire 6egrtmWI:wit(
:he:al Prairie:Cre54 Oct,21st€roar 8:Of3_.a:m:,12:{10
p:rrf.
- Kandy Price and Gary Stockton,representing the
Masonic Lodge,asked Size Councffforpermfssiart fo
fnslalt signs an the Hwy.::The Couiiclf has no;opiec-
iians but they Were told they would ha YO:ta'check
vvlrh the.DOT.;
[eadhng to the taneis resPo sib(for va
dthe ndalisph on
the`:Wlelcome to Fairfax:Sign,
The Street Lightning P2esaPd.all 101194, tigh as B Y""'»"`WW � *••••••••••••••••••••................._..,.,.,
West end of Main'and at:the Park near the Merry-
placedi on fate ::.
Wek Neuhaus and M,arianne Walnwrighl were _
.Placed.i on a pair1. fee to-Study a Bui€ding_C.ode fob.
th ::Criv of Fair fax,
The City of Fairfax yeas awarded�a$I,OpIJ Grant
from fa-If Gas Etecfrlc far Trees.
I :
MtSfFOrt by Wainwright,Ind Roof approv®��P1t
bills for,:paymehi
Motion by Wainwrigff,.2nd Root.'to adjourn of
8;45 p.rrt.. ,.
Berta.t panek, City Clerk ark E'Sheely Mayor
'.ILLS t�iM. "# 'iTE[3
0011 PAYMENT
Creheraf
Cedar Cusfom Cmrnnutlns-+ .
to-II Gas&Efecirlc 345 Do.
Bilf:Sarry,Shots'. -- ... 4,6,.41
;l on`slnc - x122:27
Demco Off ce 102,45
Offfce Enterprises T4:34
Barnes&Noble;:; 88 5a
Chitdrert's Press.:. 58,27
sa.
pi§ice EnlarQr�$eS ... �. ...77.91 I
Earhes&Noble ...75.99
Cfiildren s Press 75.2700;`
8a1a4
Ctnda .. achine ..691. ;.
5ankol Pov M - °` g1.82
Mike FICA.,:::
Fed W IH& 135:72'
SYaPewf�' " 571.90
.Advance M}Iiwork�.: - 589
"'ue Slem A7.50
panko Fire EauSP 230.00
tro
Fire14Y.Books ., 150A0
25:50
Gradbtl[Etwall tics 41.80
FoUeStSofiware Co
SPeC'a .35
Johhsoh41Y Safes :3 p 1473108
Mid Conlsnen4
1.,774.26
Pioneer Of4ice Products ..2,745.76
Sleelsm�lh 5aniiahon
Salies ilh&Harman }15.81
LVncar h,paths,Sm .00 70:45
SoulF Sione.Tete: a
EnYre 15 90
_ B aKer&TaYlor:�: ,. .. .r,65:45
Smi4®maker:...:i: 191.':19
Erb's$ustness Machines 35.85
Ebsco ,,}22:40
M'atin Line Books 60.00
585,62
SoHn Madland-Yrainm9 272.00
¢31ue Crossl BIUe Sh�etd i;}8&8
IPER 5 N.. 51.35
: 36.
Ltnda 43a1a9 PeRYY Cash - . 00
Alliance Medical ;.25,50
CTS Te,)V,e.Leasin0 51 68
paors Inc 54.00
Gaxekle Fire&5a1etY-• 430.52.
Y-4aWkevB F. .::: ... �• ::;221..02
4ES UYik1 e5.: }p341
Matt Par[o91: ,,;152.92
Payless CashwaYS -08.31
Soulheasle"19aoks 49.91':
-�homson Learnins
Ladcu 6.00:
RUT Electric
l Gs& 611.60
a-li a
:
- Stoae Tel
23,40.
IES UYi1414QS 0.74.6
Linn
ORE ....
50755
- �1rATE�'�,>'tcA • �'•.'S47:e2
Fed Vd
$galeWl4� -',281:60
G&H Etedr�c
875:01]
I E S UiyliRies _ 47ff.6,2
Pudil Plumbing 191011
Water.pro 92.90
lowa,:ane Call }73.6
HYeienIc.Lab 434.b1
iPER.'S. 833.05
SSaIe.Treasurer 76,95
lacy:Company 277.47
Cily:ol ryarwaY 11.59
5chlrnklerg s 1 070.65..
!$-4i Gas&Electric
Salaries............
SEWER
LFr%"Co.Exlensiark
' Fed W 7H&FYCA }7.63
SSaleNlfH 63,75
peI4Y Cash 3�.p0
5duth.5loveYel
Hygienic ab 136:91'
posl.plttce L
„37.12
. IP7;.6t 5 .. gal Ia ..122.43.
Treasurer 54aRe ;; �' ...728.31'.
11=S:Ulildties
5alarles 5 5 2
RECEIPTS 93
2,092.
553 44:;:
Desi4 Service.... ..;'12.54
ie.pePl r:- 10,.440.26-.
;Ge.RSawngs-:� 4.;43071:
IN6161 215.81
RUT 9:79
Library T&A ,X335.24
Acct
tap InveslsrenW