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Home My WebLink About11/08/1994 Council Minutes CITY OF FAIRFAX COUNCIL MEETING - T'U'ESDAY NOVEMBER 8 1994 -- 7 :00 P.M. - CITY HALL TENTATIVE AGENDA: APPROVAL OF THE AGENDA, MINUTES OF THE OCTOBER MEETING, BUDGET AND FINANCIAL REPORTS. DISCUSSION WITH POSS',IBLE ACTION ON THE FOLLOWING AGENDA ITEMS.. 1 . Sheriff ' s Department . 2 . Maintenance Report . - Lead & Copper Testing 3 . Cedar Valley Asphalt Building Permit. 4. Permission to Destroy the Old Records. 5 . Sign the Blue Stem Agreement. 5 . Fire Department. 7 . Library. 8 . Liquor Permit for Star Hotel . 9 . Opportunity for Citizens not on the Agenda. 10. Bills Presented for Payment . 11. Adjourn CITY OF FAIRFAX The Fairfax City Council met on Tuesday November 8 , 1994 at 7 : 00 p. m. Mayor Sheely presiding, council present Wainwright , Neuhaus , Shakespeare , absent STallman and Root. Motion by Wainwright, 2'nd Neuhaus to approve the Agenda , Minutes of the October meeting, Budget and Financial Reports . MC' , Nothing for the Sheriff " s Department . Maintenance Reports , discuss the lead notification, send a letter to Russ Carver for the removal of his 5th wheel and truck. Motion by Neuhaus, 2nd Shakespeare to approve the building permit of Micheal and Deanna Heintz for a storaqge building .MC. Motion by Shakespeare, 2nd Neuhaus to destroy all the old records . MC. Motion by Wainwright, 2nd Shakespeare to sign the Blue Stem Associate Agreement, under protest , that there is no other option open to us . MC, Fire Department : Chief' Sankot discussed the illegal burns in Benton and Linn County. The Fire Department applied for a Grant for a piece of necessary equipment. Letter to be sent to Stall.man and Root about notifing the clerk when they are going to be absent from the council meeting.. Motion by Wainwright, 2nd Shakespeare to pay 'the bills presented. MC Motion by Neuhaus , 2nd Wainwright to adjourn at 8: 05 p.m. Mark E . Sheely, Mayor Jetty J . Panek, City Clerk RESOLUTION NO, 11 0 8 9 4 Resolution Agreeing to Adopt the Associate Member Agreement and Abide by the 28-E, Intergovernmental Agreement Forming the Cedar Rapids/Linn County Solid Waste Agency, dba Bluestein.Solid Waste Agency WHEREAS, City of Cedar Rapids and Linn County have executed an intergovernmental agreement pursuant to Chapter 28-E, Code of Iowa,.which establishes the Cedar Rapids/Linn County Solid Waste Agency,dba Bluestein Solid Waste:Agency,and WHEREAS, pursuant to the 28-E agreement forming the Bluestein Solid Waste Agency, cities may become associate members of the Agency by adopting a resolution to abide by the 28-E agreement and all its terms including provisions for the financing and closure of solid waste disposal sites;and WHEREAS, said Agency will provide integrated solid waste services to all members and associate members,without discriminations and WHEREAS, the City Council of the City of F A I R F A , Iowa, has reviewed the 28-E agreement and the associate member agreement and agrees that it is in the best interest of the community to join the Bluestein Solid Waste Agency as an associate member,now therefore BE IT RESOLVED BY THE CITY COUNCIL Of THE CITY OF F A T R>i A X , IOWA, that the City Council hereby authorizes the mayor and city clerk to execute the attached associate member agreement document and agrees to all provisions therein. DATED THIS 24J, DAY OF ,t3 ! , 1994. MAYOR ATTEST LYNCH', DALLAS, SMITH & HARMAN, P. C. DONALD E.SMITH ATTORNEYS AT LAW SEAN W. MCPARTLAND DONALD•''or=s. RIBBLE 526 SECOND AVENUE SE MATTHEW J. NAGLE H. EDWARD BEATTY JANA L. HAPPEL GERALD ILYELL FATKA POST OFFICE SOX 2457 ELIZABETH D.JACOB@ SCOTT E.,MCLEOD CEDAR RAPIDS, IOWA 52406-2457 THOMAS 0.WOLLE ROBERT R. RUSH TELEPHONE 319 3659101 JOHN M.TBTLER HUGO C,. IBIURb7 FACSIMILE 319 365-9512 CHARLES J. LYNCH 419'05-11983J EDWARD J. KRUG WILLIAM M. DALLAS(19,05-1981) WILFORD H.STONE RALPH V. HARMAN, RETIRED October 18, 1994 Ms. Betty J. Panek City Clerk 525 Vanderbilt Street P.O. Box 93 Fairfax, IA 52228 Re: Bluestem Solid Waste Agency 28E Agreement Dear Betty: on Wednesday, October 12 , 1994 , we,, along with other attorneys for small Linn County communities, met with the Bluestem Solid Waste Agency Board of Directors. The purpose was to present to the full board our proposals for amendments to the 28E Agreement under which small communities would join the Bluestem Agency as associate members. We made our remarks and the board asked some questions regarding our proposed changes. Also present was attorney Ken Haynie who prepared the original 28E Agreement for the board, In general, the board members expressed unwillingness to change the 28E Agreement. We went through each of our proposed changes and each was met with resistance. The board' s primary objection seemed to be that the small communities were not involved at the initial stage of drafting the 28E Agreement, and they did not understand why we now expected them to change the agreement given that lack of initial participation. We were informed that of the nine seats on the board, the three Linn County seats were intended to be split with one to two seats for the Linn County Board of Supervisors and one rotated among a smaller communities. We expressed our concern that there is no language suggesting such a rotation in the 28E Agreement and that Marion would be the most likely appointee for the third seat as it was higher in population. Although our concerns were heard, we did not persuade board members. In particular, Jeanne Oxley stated that Linn County would require the two seats for some time because of its potential liabilities in the Linn County Landfill closure, LYNCH, DALLAS, SMITH & HARMAN, P. C. Ms. Betty J. Panek -2- October 18, 1994 It appears that no changes will be made in the 28E Agreement. The board is fully aware that the small cities have no feasible alternative to joining as an associate member. Board members did state that they would make every attempt to reach out to the small communities for input on various operating and management decisions. In this regard, Mayor Serbousek suggested that the rules committee meet to create rules and/or standard operating procedures to insure some of the safeguards sought by our proposed amendments. We obtained a verbal commitment from the board to examine all of our proposals to see if they could be implemented by rule making procedure or other form. A meeting or the Bluestem Rules Committee is set for October 26, 1994 at the new Kirkwood business center, 2901 10th Avenue, Marion, Iowa at 1: 15 p.m. Please advise whether you desire that we attend this meeting or whether some other representative of Fairfax can attend. The city attorneys for Mt. Vernon and Hiawatha will probably attend to see whether some rules to clarify the 28E Agreement can be adopted. At this point, it may be in Fairfax"s best interest to pass a resolution to join the Bluestem Agency. Fairfax has until December 31, 1994 to actually join, but we do not see any advantage in holding out on the resolution pending work on the rules. We do not believe that the small cities have much bargaining power, especially in light of this most recent meeting. If you have any questions, feel free to contact us. Very truly yours r LYNCH, DALLAS, SMITH & HARMAN, P. C. By Yom° Scott �hc od janlltr/panek.sem i i CITY OF FAIRFAX R .O. BOX 3 FAIRFAX , IOWA 845-22014 Mr . Allen Root : This letter inform YOU to that be the council notified when you are not going to be at a Council Meeting . At the November meeting two of you were missing, if one other had not been there , we could not have had a meeting. If you are going to serve the community, it is essential that you cone to the meetings. FAIRFAX CITY COUNCIL, Mark F . 3heely, Mayor 4 1 CITY OF FAIRFAX P.O. BOX 9 FAIRFAX, 10WA 846-2284 Mr . Brian Btallmanm This letter is to inform you that the council would like to be notified when you are not going to be at a Council Meeting. At the November meeting two of you were missing, if one other had not been there , we could not have had a meeting. If you are going to serve the community, it is essential that you come to the meetings . FAIRFAX CITY COUNCIL Mark F. 8'heely, Mayor CITY OF FAIRFAX P.O. BOX '93 FAIRFAX , IOWA 846-2204 Mr . Russ Carver P.O. Box 154 Fairfax, Iowa 52228 Russ : The Council is requesting that you remove the old trailer and truck from your property. They will give you until December Ist . , and then they will take steps to have it removed at your expense . FAIRAX CITY COUNCIL Mark E:. Sheely, Mayor CITY OF FAIRFAX BILLS PRESENTED FOR PAYMENT GENERAL Post Office 133 . 25 Ia-I1 Gas & Elec . 45 . 51 NiEIRL 10 . 50 Waterworks 37 . 00 Betty Panek, Meals&M'ile. 332 . 28 Office Superstores 17 . 51 Terry George 100 . 00 Hy-Vee 9 . 00 Trumpet Club -, Books 65 . 85 Golden Book Club 40 . 25 Troll Book Club 65 . 90 IMFOA 55 . 00 Crystal Inn 126 . 26 Fed W/H FICA 431 . 19 IPER' S 187 . 20 State W/H 53 . 36 Batteries , Included 314 . 10 Blue Stem 597 . 51 CCommercial Textile 36 . 00 Bob ' s Meats , Pop 2 . 47 C.R . Welding 7 . 70 Curtis Industries 81 . 10 D&S Machine & Driveline 1 ,811 . 18 Gazette 68. 32 IES Industries 248 . 29 Payless Lumber 3 . 36 TSC Stores 29 . 95 Virginia Soukup 337 . 50 South Slope Tel. 203 . 10 Steelsmith Sanitaion 3 , 048 . 39 Swisher Feed & Lumber 18 . 27 Zeb' s Oil 145 . 62 Thomson Learning Center 226 . 84 Firefly Books 38 . 60 Orford University Press 31 . 64 Goldfinch 10 . 00 Book Look 312 . 36 Baker& Taylor 237 . 36 Office Enterprises 62 . 37 Show Me Books 122 . 00 Gumdrop Books 79 . 60 PC Connection 134 . 95 :Follett Software 1 ,041 . 05 Graybill Electronics 62 . 50 Kirkwood College 300 . 00 S'ack' s Discount 32 . 92 Salaries 1 , 251 . 86 RUT T'SC Stores 6 . 38 Philipps 66 36 . 49 I'ES Utilities 591 . 62 Linn Co.. REC 23 . 40 New Method Equip . 290 . 60 Sankot ' s 15 . 00 South Slope Tel . 6 . 00 Zeb' s Oil 62 . 41 WATER Iowa Water Pollution 15 . 00 Blue Cross 585 . 62 Fed W/H & FICA 216 . 70 IPERS 77 . 07 State W/H 33 . 90 IES Utilities 202 . 76 Mercy Medical (Ron) 197 . 65 City of Norway 76 . 95 Waterworks 276 . 00 Ia--II Gas & Elec . 11 . 54 Mike Sankot 15 . 30 Salaries 811 . 07 SEWER Linn Co . Extension 40 . 00 Fed W/H & FICA 220 . 58 IPERS 78 . 82 State W'/'H 34 . 36 Dr. Brent Feller 94 . 80 IES Utilities 86 . 09 Matt Parrott 23 . 47 South Slope Tel . 63 . 75 Dr. Wm Basler 35 . 00 Salaries 484 . 03 RECEIPTS General 21 , 017 . 19 RUT 3 ,965 . 97 Debt Service 81896 . 92 Library T&A 46 . 10 Cap . Investment 346 . 58 Water 9 ,401 . 02 Sewer 8 ,032 . 56 CITY of FAIRFAX 523 VANDERBILT STREET FAIRFAX, IOWA 52228 � (319)846-2204 November 8, 1994 Permission to destroy the following records over five (5) years ofd or as otherwise indicated: Council Minutes notes 19-71-1991 Insurance papers 1971-1990 Misc. correspondence 1988-1991 Liquor Permits 1988-1991 Fuel tax refunds 1980-1989 General Fund - Water - Sewer Ledger Cards. Revenue Cards 1974-1984 Expenditure Card's 1974-1984 General Funds Carbon .of Checks w1bills attached Deposit Slips Receipts 1986-1987 Bank Statements 1987-1988 Cancelled Checks' 1988-1989 Investment Reports Traffic Tickets & fines 86187 - 87/88-88/89 Dog License 1984 - 1987 Water reading cards 1986-1989 Sewer/Water Bank Deposit Slips Water & Sewer Receipts Water & Sewer Check Carbons w/bills Water & Sewer Billing Paid Stubs Water & Sewer Bank Statements These records will be destroyed by burning in the presence of the undersigned on a day to be designated later.. Betty Panek Lud Svoboa y- i STATE OF IOWA County of Linn SS. The Faecf Clri.a3ountli me orc Tuesday No-'. yemb>318».11944t:7 0it3n, Maydr$heerv`preSiding, :Cactttctl rt�Fesei�f W an,',�rt9ht, t+teuhahs shake-, stseare alrsenl stlt(hstan 2naqd aarar lrotiae by ra8nwr ft3 d Neuhaus toPpraue :Ihe A!#ead:� i nwA24f the E7cFOher rtreeting But{ ::get and Ffnemtti"af"' ersor{s'MC' NmthEng'tam t SBterPt3s t3etaartrnent. Maintm-' Hance ReGtrb�s�¢4lseuss 4he[ead;naiifrca�od send a 7� tetter to u5 §ryer fad the remavar'at his 5fh I, J.F HLt1D 1, III, being duly sworn on my oath, do say, that. wheat ant€Irt1 �. Il Mararrt by sus 2rtd Shakespeare 10 avprave. thehull� �i�t tMtehamrandbeanna ,ei rr I any publisher of THE CEDAR RAPIDS GAZETTE, a for a sroreg tnelt4Ser ttM1C Ma9�art.lay shaeeare 2nd hteuhaus 40 destroy air the aft wec Ids ri Newspaper issued daily and printed at Cedar Rapids, in said M«tia11 Ety 7ur"+tai r,igtrt 2nd Shakespeare to Sign the Btuenss«tita lkgreenenl,under protest, :hat �� m«th r mpt'ran:ape!1. a us.MC County of Linn' that the Notice of which the annexed prints ire as artatrte6t.Ckctef Sankt dcscussed the ilte- gal tsurrl titerxtor and timry County. The Fire Denarrrnenl aftsttedfor a Gradt tar a..piece of nec- Copy, Was inserted and published in Said newspaper in the ..Left Leifer is Ibe sir:to Staltrnen and R o t a about natittng the perk ftrn they are going rm rse absent issue's Of................................................>.. .,...........,..........,.................. tram Iheoarcvnefr"rtidehng Mnitmo<by'YN169ht 2nd.:Shakespeage tm paw. ....... ..... the bills dresegrled MC ...................................... .................................................. M4tionamy Neuhaus.2nd Nfain*ight to adtaurfi of 505 a.rn. fv3a k E Sheety Mayor. ........................................... Betty I, Panak,Ci{ C1erlc November 15 ill Or- .A9RFAX yy 9 6lLL5 PfZESI~NTED FbR PAYMENT . ............ ...... .. .................A. D., 1 ...... . .. .. .. .... GENERAL, 1ias and the reasonable fee for publishing Bald Notice is$ 90 PasF(7ftiCe •+•••••••••• NEERL..r 332.28: ••• Peffy Pafaek MeseFs&.Mite i Terry George ,. 100.00: Trttn�pet'ClUb ,t3ookS 65 55 Trott t3adk Crub - 6596: Crystdltrrn tab 2b rotR'i 187.a6 Batteries in�uded. 334,1U CCarnrrtercYaf'�exhle 360d, f C.t2.Melding 7 70 08.S Michinj, t tewefrne 1,811 35 IESinduffiImuas 24829;)ve named J.E HLADKIT, III, 111 my presence, and by him sworn to TSC Stores 29 95 15 s«urhsraweTet before me at Cedar Rapids, Linn County, Iowa on this Swisher Feed Lumber 18 27 . • Thamso�iLeamr�nsCenrer 2364 November A. D., 17. 94 Oxfarittka�serstSYl?ress 332.36 day of .......................... ................... Bask Load ,...... office EnfeKOrlses: .79 37 GumdrtrpE�raK .- Given under my hand and Notarial Seal. Foitaxtrdaware �: 1441.05 Kirkwa:td,Cmllepe S= 300.0. jack'sEY54 nl 3292 45 5i fa-fl Gas r ftec 37�6 �� W.atet varlks .. y. 0. ....... ........................................... CStfiCe s€rtaerslares 17. 7 51 900' otar P �Iiic in and for Linn Count Iowa G«rden=;Etoak Ctu , ....40.25 lMfC1Ft; 'i 55,00- Fed .8.FICA 433 19 SWO hf!I4,._.... 53,3& BIU1m 597.54- Bol l�keals Pop: 247 Cu rrf5 nd trpas dg -above from�a�ette ..............................................................19.............. Payless Luentier 3 36 uirgmEawsmiukaup., 33750 CEDAR RAPIDS GAZETTE, INC. Steelsr4artn Sartt3aion ... 3,04t3:39Y Zeb`s ctkr 145 fit FireilY?Baettis 38,60. 10 00 G«rdfinch 237.34 BaKer S Taylor .: _,122.00 Show Me(BOOKS PC Cmtiaealiara...:: 336.95:` 6raybflt 1EiGectranscs 62 50. Saiarie� 12518b. Rt1T 6 38 i TSCSferes By.............................................. ...........»».. [ES ltt0 cues 501.62. t4ew'KM1ettrotQ ERU6p .......... 290.60: Sou€h Tape Tete:; 6.00: Lino Cst rEC 23:.40'. ...:1508: Zeb's`Qrt 62;4T MATE 15.ao. Imwa Walter P«i66T% 216.70 Fed WJ4&PNCA- 33; 0 stakel ff14 197:55 r Mercy WdNCat(.87on1 2740 0 tnFatera ariks Mike:Sankot...„..., 15'.30. t31ue Crass ....:; ...., 585.52 77:67 i I rrc^ 8te�ut FekfeF 94-K �BNat F*act:btt fJ�Y". tm35kEF 220.58? 5 tlk �H` 34.x6 9 lYtiliPses «8b.04 5dutu Sdmp TeI 63.75 SCI rss-,. ..484.03 RIf STS GeF�eFat.... 21,MT19 bt Sew:fce 8 346.92 C -turuestmenf .....3 346.58' 8,032.56 k"�I T ....r....., 31965,97 rYA ..46-10 1phVat 9,40T.02 I