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Home My WebLink About10/08/1996 Council Minutes CITY OF FAIRFAK Council Meeting - October 8 , 1996 -- 7 : 00 R.M. - City Hall TENTATIVE AGENDA: Discussion with possible action on the following Agenda Items : 1 . Approval of the Agenda, Minutes of the September 10th Council Meeting, Clerk's Budget and Financial Reports . 2 Continuous public hearing on Ordinances Nos . 204,205 , and 206 . 3 . Consider adoption of Ordinance No. 204. Consider adoption of Ordinance No, 205 . Consider adoption of Ordinance No. 206 . 4. Report from Sheriff ' s Department. 5 . Building permits Carol Sorg - Deck.. Trent Jacobi - Garage Dan Shakespeare - Additon to building.. 6 . Mike Karal Lights at the Storage buildings . 7 . Todd Philipp - Discussion on Old Building Permit , and questions on the building. 8. Mark Reilly - Bushes trimmed off of the sidewalk. 9 . Bud Burger - Fairfax Road - opinion from City attorney. 10 . Library Report . 11 . Fire Department Report . 12 . Maintenance Report: Request for Lud to attend Water Pollution Control Meeting - Manchester . Iowa Rural Water - Waverly 13 . City Clerk to attend IMFOA Meeting in Des Moines . Discuss Salary Resolution. 14 . Resign Cox Communication Resolution - Error on Date . 15 . Opportunity for Citizens not on the Agenda. 16 . .Bills presented for payment. 17 . Adjournment. CITY OF FAIRFAX Mayor Sheely called the Meeting of the Fairfax City Coucil to order at 7 : 03 p.m. , on Tuesday Ocotober S, 1996 . Council members in attendance : Harville , Neuhaus, Shakespeare and Wainwright . Absent Stallman. Motion by Harville, 2nd Shakespeare to approve the Agenda, Minutes of the September 10th council meeting, clerk' s budget and financial reports . MC. Mayor Sheely opened the public hearing on Ordinances 204 , 205 and 206 at 7 : 05 p.m. No written objections were received, no objections from the audience, and no questions from the Council Mayor Sheely closed the public hearing at 7 :07 p.m. Wainwright introduced Ordinance 204 - FOR THE PURPOSES OF ADOPTING PROCEDURES AND CRITERIA FOR THE REVIEW OF APPLICATIONS FOR SPECIAL EXCEPTION PERMITS BY THE BOARD OF ADJUSTMENT: ESTABLISHING CERTAIN USES AS SPECIAL EXCEPTION USES IN THE AGRICULTU"RAL DISTRICT: AND REPEALING CERTAIN PERMITTED USES AND ESTABLISHING CERTAIN USES AS SPECIAL EXCEPTION USES IN THE LIGHT INDUSTRIAL DISTRICT . and moved that it be given its first reading. 2nd Shakespeare . 4 ayes, 1 absent . Thereupon, it was moved by Wainwright and seconded by Shakespeare that the laws and rules providing that the ordinance be considered and voted on for passage at two council meetings be suspended and dispensed with and that Ordinance 204 be placed on its last reading'. 4 ayes, 1 absent . Mayor Sheely declared the motion carried. Moved by Wainwright and seconded by Shakespeare that Ordinance 2014 be placed upon its final passage and adopted. Wainwright introduced Ordinance 205 - AMENDING FOR THE PURPOSE OF ALLOWING FOR APPLICATION FEES FOR ACTIONS UNDER SAID ORDINANCE TO BE SET BY THE CITY COUNCIL BY RESOLUTION. , and moved that it be given its first reading. 2nd Shakespeare . 4 ayes , 1 absent. Thereupon, it was moved by Wainwright and seconded by Shakespeare that the laws and rules providing that the ordinance be considered and voted on for passage at two Council meetings be suspended and dispensed with and that Ordinance 205 be placed on its last reading, 4 ayes, 1 absent. Mayor Sheely declared the motion carried. Moved by Wainwright and seconded by Shakespeare that Ordinance 205 be planed upon its final passage and adopted. Wainwright introduced Ordinance 206 - AMENDED - FOR THE PURPOSE OF AMENDING THE CONDITIONS THAT MUST BE DEMONSTRATED BY AN APPLICANT WHEN REQUESTING A VARIANCE TO THE PROVISIONS OF SAID CITY OF FAIRFAX, IOWA, ZONING ORDINANCE OF MAY 14, 1991 , AS AMENDED. , and moved that it be given its first reading. 2nd Shakepeare . 4 ayes, 1 absent . Thereupon, it was moved by Wainwrigtht and seconded by Shakespeare that the laws and rules providing that the Ordinance be considered and voted on for passage at two Council Meetings be suspended and dispensed with and that Ordinance 206 be placed on its last reading. 4 ayes , 1 absent . Mayor Sheely declared the motion carried. Moved by Wainwright and seconded by Shakespeare that Ordinance 206 be placed upon its final passage and adopted. Building Permits :. Motion by Neuhaus , 2nd Harville to approve the deck for Carol Sorg. Motion by Wainwright, 2nd Shakespeare to i i approve Trent Jaco;bi ' s garage and shop. MC. Mr. & Mrs . Mike Karal , Frank Karal , Mr. & Mrs . Jeff Vance were in attendance to discuss the security lights around the storage buildings owned by the Vance ` s . The Clerk was instructed to contact Linn County about their restriction on lights . Motion by Neuhaus , 2nd Harville to table the Lights until the November Council Meeting. Todd Philipp appeaired about his old building permit . Motion by Shakespeare, 2nd Neuhaus to extend his building permit for one month, but a detailed description of the work left to be done on his apartments be sent to City Hall .MC. Sgt . Lyle Rusk delivered the Sheriff ' s report . Sheriff Don Zeller and Major Carl Kolz arrived and gave a brief outline of the new Van, 2 new road deputies will be added to Road Patrol thanks to a Grant . The Council discussed a few concerns they had and thank Sheriff Zeller and Major Kolz for their attendance . j Motion by Harville, 2nd Neuhaus to approve the appointment of John Singleton to the Fairfax Fire Department . MC. Chief Sankot reminded the Council of the Open House on Sunday October 13th, 11 : 00 - 4 : 00 p.m. Motion by Wainwright, 2nd Shakespeare,, for Lud to attend Water Pollution Control Meeting in Manchester and Iowa Rural Water in Waverly. MC. Ron & Lud will survey the Streets for loose gravel and contact several companies about picking up the loose gravel . Motion by Shakespeare , 2nd Nuehaus for clerk to attend the IMFOA meeting in Des Moines . MC. Discussion on some of the following items : Library report, the development of Fairfax Road, Official grade of City Streets , and sewer line extensions . Motion by Harville to approve the bills presented for payment . second by Wainwright. MC. Motion by Shakespeare , 2nd Wainwright to adjourn at 9 : 30 p.m. Mark E. Sheely, Mayor Betty Panek, City Clerk i i i i i I Colony Heating 75 . 00 Howe Sanitation 1 , 902 . 00 Salaries 1 , 042 . 62 RECEIPTS General 3 ,280 . 73 RUT 5,490. 37 Debt Service 282 . 08 Library T&A 180.83 Fire Dept . Equipment 469 . 04 Fireworks 39.33 F .A.T. . 13 Gen. Savings 14.34 Cap . Investments 264 . 81 Water Dept . 10,47'0.82 Sewer Dept. 49 . 44 i CITY OF FAIRFAX 528 VA 'BERBILT 5�'REET FAIRFA , IOWA 52228 (3,19)846_2204 I , Betty 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 th ax city Hall on, day of Fairfax I do hereby certify that they are part of the Public Records on file in the City Clerk' s office . to Betty J . Panek i STATE OF IOWA County of Linn SS. NO E 0F PU8LIC:I EARfN ON PROPOSEII AMENDMENTS 70 THE crTr�"�� ta(tP4FAx,;I$)1AfA, ZONING'OR 04ANCE OF MAY:14. 1901. (ORf71RANICE 140:1166),A5:'AMENDED. TO_Alt cftiaeTrs.ewners of real situated Wrt Ihfn the Cift of IFairfax,lava,.and to all'persoas oWping or ctadn log any:3niltmst therein,and.to all /►yy��TT�� Whom Pt mer.caarcern I, .[". RLA1l11I, III, being duly sworn on my oath, do say, that Notlee iv:her 9rven:pursuant 1d Section 414.4, .:c. ap- 0 of the.;,Citx of d of law an d.S.ectton 1.Q.9; Fairfax,te, a< Za6)ng Ordinance of Max 14, 1991 I am publisher of THE CEDAR RAPIDS GAZETTE, a (Of°danatfce FEp.1667.as ametldedllhat the City a�f Fairfax, fovea, Planning and Zoning ComrRission "conduef a pubfft hearing and'cansider recoata � rnendatf Newspaper issued daily and printed at Cedar rapids In said atns td tlhrz Clfx Cauncit of the Cfix of Fair fax,16Wg ,at Fairfax C tj Hall at TOR p.m.,the 26th dot<df September, 1995, upon toe airta i.lowa- County of Linn; that the Notice of which the annexed printed posed amealdaraents to fihe Cttx of Fairfax;.[owe, .. v Zoning Ordinadce of M60 141 1991:,as amended Ord No.2t 4; nC1rdf9anteamendingthe 1.1 of.. eo�^y, was inserted and published in said newspaper in the Falrtaa,.lowa, onldag Ortlinance.of Max T4� 1991 �'"'.f f p (Ordanattce Nd„,i66), as amended, according to Seehon 414.4,'Caa1a of Iowa,and Section 1,09:02 of issues of............................................>..................................................... the Cifx ofFafrtax.,tows,Zanrng.ordinance of May 14 1991,as ar Winded,for the purposes of adopflrag protedarres tiaris f andcrtYerizi for fhe rev iew 6 f aaplfca >. ......................................................w.........................>......................, or specig�xteptfan perntlts by the Board of: d Adi � rtc s t ex carffon a seel%t d sct a re peal- ................................................. . ....>.,..............................,.........,,.,..w..,., init certain pear ifted arses and estabhshtng certain y usesas special except tonusesin the Light lnduslrk September 18 As ll / d�.. 96 fssPrict. .............................................. ....... ................. i// 1 ................ d.Na,20k Art Orduiance amonaing fhe City of tax, laws Zausang Ordin.ance of Max T4,1991 ZCf.L}3 7-rdinance No,I,66,,asamended,accordingtoSec and, the reasonable fee for publishing said Notice is $..214.,1,......,,,,.. e.yadrt 414.6,Cntle of loygat ands$ection.1.09,02:of.fhe Cifv at Fairfax lows toning Ordinance of Mar 14 1991 as amended far fhe purpose of alfowidg far application;tees tort•actlmi antler said Ordinance Po beset by the.Csrty Council by resalutidn turd.Na.2007^Ian 0r&m4nEe.aii10ndin9 1he:Caly of Fairfax, 16,46, Zonlnta ordinance'of Mav 14,1991:: (Ordinance Nub 1467, as amended acco ding to (a Section 414.4,Code of:fowa,:and:Sectaon:.09:0.of. the City.of Fairta d Kowa,Zoning Ordinance e May:. dve named J.F ill.ri 1 JKY III, In my presence, and by him sworn to 14,;.1991,as amended,for the purpose of amandin4 � ;the condlfians thaf must be demnnstraited by an p �] t C+ Linn 1p s� this Q sloe.of said ry of,..TFaf a YSJowa, to!the pFrdj before me at Cedar Rapids, Llnn County, Iowa on ti%1�7 ...�.V. stuns of May.1 , 9 Falrtrh fe d. Z he.Cpordt r.... -:nonce of May i4,I99T,;as:amended.At the 7� sign of the pt hfwc hearing if will be recommended day 4444 s2�]Cemb.eY.............A. aJ 19 96 bV.said Commission io fhe City Cdauncil whethor to / .............»» adapt or not adoipf each amendment I(sted above At the a iffbealed public hearing; ty 11 persons in Given under m hand and Notarial Seal interest wilt be a�lforded_an appaCfunitx to be:heard Y ta:support of ar in 'opposition'3o She aroposed arriendmenis,l Tb notices given pursuant to the direction of the City of Fairfax„ Iowa. planning and Zoning Com t y . . ................... miss(on and.to atcordaiace,wit.h Me:.laws.of the 5.tafe of taws: o Pub'l'ic in and fo n Count Each amendrnanrt Its dValiable for Inspecfivn:antl � }', TOWa Ci}pies maybe obtained'af the-office of the.Fairfax :CIN Clerk,Fairfax Cate:Hall.525 Vmderlyiff,:Fafr- fax Iowa, Weekdays, extepf Thursday,between the hours of:7310 am;'slid 4:00;p:in. Rated thls 19th day of September;1996 Fairfax Planning and Zoning Commissfan r above from 19 CEDAR RAPIDS GAZETTE, INC. By............................................................... i STATE OF IOWA County of Linn SS. OT� �t €tEARi€4G Ct�+t3S 0 Adg1�N�dVf1E 747 TH, CITY s�k'"Jldl,fcY a�Q f941 (m12�ltfA�tC�wa,t6�t; .. ; T '` Ipd f9iena owners of real peaperty s itua ted witliTn ate"Cityrof Fairfax lows,and f. all per5ens ow gYrift ocfncn4 any interest Ptterem,and Td al[ wfaarn TI rauaY>`cancern Native as hareby given pursuant M1 On:414.4, gg yy��T7�� p Cade of Iowa, and 3ecfidin L09,0:.at the 4 1 of I, �iLAAl1�Ay III' being duly Sworn on my oath, do $ayy, that Fairfd Towa.Zonin4 Ordinance of I�a t4 1991 JI (c5rdaiace hstr;166},as amledd=�,fhtaf She�itY ui hearldq faava:cltylyFlal�lWill 01M,th ipublic I am publisher of THE CEDAR RAPIDS GAZETTE, a hearaal�al Faar¢aX crly Ralf at 7tlQ p,tn,the 8Th 4faY of Ocfoberd 1996 upon the foftowinq proposed amendmenfs td the cifv.:.Of.Farneo laws, eco ng Newspaper issued dally and printed at Cedar Rapids, in said +�rdthan of AI§ay 74 7991- as amended as recom- mencled liy the CttY of Fairfax Iowa pfanninq and .A.r ,,Calnrryissran County of Linn; that the Notice. of which the annexed printed Ord iM€o 2Q4:An Ordinance amending the city of y Fairfax io a:Zoning Ordinance of:May 14, 1,491 (drdlnance fici' 166? as;:amended, accardiitg To co was inserted and published in said newspaper in the tde911 des ode a9 lowa and SeC€rad 1 t17Q2 a# is � Settlan 414 4 G € e eerie�n L fd rt he ree5 dance of Ma- racedures and cr terfa fqr the evi es of adotsflnq ueS{}f.....................e. . . ,..m..,. . ....ie o . . ax ktwm Zaninq E7r'd the Our os. P � k" ew Of aPP1fCa •••••"""°"'*° taons�foot spedal xea io the Soard Of Ad'cl tmant,esTatt[sfri..4. as.speci us at'ex- ceofidn es fn the Avlculfuraf districl�and repeal- ..................................... ................................................... ............... ring cerfain permitted uses and establishing ce tain uses as a cfal-exception:wes to the#igtFt Bndu5:fr1 .................................................................................,............................ .. aF_dHSCr'pcf '.: Or f l�lo as.An Ordinahce amending the city of q Deg Fairfax° lowa ZW60 Or�mance of NtaY T4, 19R1 ................................. ....S .. ..,......... ...96.. (0rdina6ce No-1661), as amended„occordingr'ta •••' the 1��R 6fT,a ax,Iowa..I�Z�he g Ordinance f�°f Maig and the reasonable fee for publishing said Notice is$ ......24.-.0.7.,... foraopiralloh.jees for:actions under sald Ord dance to fie se!by the City Council=$b resolution. '. Ord`INm ltd;kn Qrde"nabce amending the Cite of .'. Falrfaam.Iowa,Zoning Ordinance of May 14. 1491 (Ordinance No 1661, as amended, accord'rnd to 5eClfssn 414.4.Cade of to✓a and Section 1 p9,02 of ' the Ciiv of Fairfax.toka.Zonidg�Ordinance of May 14 1941 as arn6ndede for'the purpa5e at amending �+ T7� T��r�T p fhe coardttlons;t�at must'be demonstrated broad named .. I11.L11�d,i' Illy in my presence, and by him sworn to apps-Of" aid Ct-eryuestind a uarladce to ine prdvi- sidns of sa1a9 City of Fairfax Iowa,Zort�ng Clydi- �� nancoi f kr"o to 1441,a5 amended.At the red b- before me at Cedar Rapids, Linn County, Iowa on this .. Sian of the OUblic hearirt @,:tf will be eons�tlared'by ffya FtY caun�tt:whether to adapt tlr:tiof adop€.each. ame€idmenf listed above.: day of... .,... A D. 1� At tile•aforesfated public hearfnq, . persons in .......... ....§§.,f t y 6...........,®.... interest vabtl be afforded an apOOr€unify is be heard::.: fn sn ime9 Of:or:in apposes€on to me proposed Given under 2ji;and No °al 1. amerida netufs. This€wlotmce fs'glved pursuant fa the direction of the Clt�.af Falrfiast>,tbwa,.0€tY.Caunc'sl:and,In.actor,.. dance'Wit the`:laim of Elie State afsfowa. � Eac€f amendmen€ is oval€abte for EtlspeClion afed. fax,Clerk weekdays, except Thursday, betvieen •�•••••• , �••��conies may be obfalned at the office of the Fairfax city Cleri Feekdav% Hall, .T ursda ; b wait- c in an r Linn County, Iowa the hours of 7:30 aim and 4_QQ p.syl, bated tlhls 31ft .:day of 5pptember, .1996, 9etty Pdhek, Clerk;City of Fairfax Received payment for above from.......................................... ............19.............. CEDAR RAPIDS GAZETTE, INC. By............................................................... i STATE ®F I®WA County of Linn SS. C of FAIkFAX Mayor Sheiry CaW the ell 5j..of the Fairfax City Councill to order at .W. p m., on Tuesday, October,9,t ait6. Council members in;:aftendante'.. Harvftle,.NeuinausF.Shakespeare antl S fainwrighL: Absent Stailman, fvlollan by Harv(lle,2nd Shakespeare to approve the Agenda.Minutes of the September IOth council mMayor Sheeiv opened thee pubic hearing an O dC- � /►D being t nances.204,2105,:and 206 at:705 pm....No written. I, �. Hl.t iLLl t III, PTdu/l�y�sworn p► 7 onq nnly oath,Adry®q�Says thaiG vbiecPions were raceived, na;vblecttons;frI the I ar11 publisher fll 1 HE I�r .I IA\ R1�d II]S GAZETTE,1 r f� audience;and na queA0r1s from the Cound Mar or Shealy closed the public hearing at 7:07 p m. Wain rlghl introduced TING-nROCE URE Newspaper issued dally and printed at Cedar Rapids, in said THE pU6tP'OS4=S OF ADOPTING PROCEDURES AND CRITERIA FOR THE REVIEW OF APPLI- CATIONS FOR RD OF. EXCEPTION USTM N PERMITS County of Linn} that the Notice of which the annexed printed BY THE BOARD OF. ADJUSTMENT! ESTAB y✓ LISHING CERTAIN USES AS SPECIAL EXCEP TION UsEs ilk THE AGRICULTURAL DISTRICT,' AND RE PEALING.CERTAIN PERMITTED?Us copy, was inserted and published in said newspaper in the snClAIL EXCEPTION.USES CERTAIN LIGHT IW DUSTRIAL DISTRICT And moved that it be given issues of.................................................................................................. its first reading.2nd Shakespeare.4 ayes,i absent. Thereupon. it.was moved by Wainwright and seconded by Shakespeare thin the Iaxrs and rules. .............................................................................................................,... providinb that the ordinance be considered and vot- ed on for passage'ai ton counclt meetings be sus4 .... *. . ................................. pendedanddlsperfsedwllhendthatOrdinance204 •••••••••••••••• ••••••••••• ••••»• be placed on its fast reading. 4 ayes; I absent.: October 18 p �. fn 96 M. Sheetw declared the motion carrled Moved" ...... ..................................................,»................, y qy Wain Y'rigtit and seconded by Shakespeare that: t ""' frdinacrce 204_iae tDaced upon its finat passage and and the reasonable fee for publishing said Notice is$ �9 .. adopted. .... .........«.... Wainwright introduced Ordinance 2055 mAM-' ENDING r TtIE PURPOSE OF ALLOWING FOIE APPLICATION FEES FOR ACTIONS UN- DER S A 11 D ORDINANCE TO t3E SET 15Y THE CITY COUNCfL IS RESOLUTION.. and moved lhaf i3 be given its first readif 9 2nd Shakespeare.4: ayes, I absent. Thereupaap....lt.was,moved by Wainwright and seconded by Shakespeare that the laws and rotes prcoo egi llhnat ttte nrdirtance.be considered and vot- ed an for passage. two Council meetings be sus- ie named JY HLADKY> >III in my presence s and by hire sworn to moded and dispesed with and that Ordinance:205. be placed an ifs'last reading. d ayes 1 absent. Mayor.f Shleelyntdott sec rid d 6von.kesaeaMo e before me at Cedar Rapids, Linn 'County, Iowa on this ........... .. Ordinance 205 be placed upon its flnal passage and y 'Oct A 9 6 adopted. day of................................ ......... .....................A. D., 19....................... Wafhwrighl introduced Ordinance 206 TH EICONDI THE PURPOSE OF AMEND- ING Given under my hand and Nota ial Seal. THE CONDITIONS THAT MUST BE Dt?1v4- ONSTRATED BY AN APPLICANT WHEN:RE- . QUESTING A VARIANCE:TO THE:PROVISDONS OF SAID CVTY OF FAIRFAX, IOWA, ZONING ORDINANCE OF MAY 14,i947,AS AMEND~D:, and moved thatfiit be:glverE lis tlrst;:readfng. 2nd ••••• •••• ••• •• •• •.••............• Shakespeare.4 ayes. 1 absent ................ and Thereupon. !Vwas moved by Wainwright and O y Public in and for i7 County, Iowa seconded by Shakespeare:that the,laws and rules 15 rovidingi thaf.the Ordinance be considered and voted:oni for passage at two Council Meetmgsbe suspended and dispensed with and that Ordlmnce 206 be wllaced oii.iis last reading.4 ayes;"I Absent. Mayor SlheelY declared the.moifon carried.Moved bo e fro by Walnwrtghi and seconded by Shakespeare that .......................................... .............19 OrdinanCe 206 be placed u.p..on Its final passage aiid.; •••••••••••••• adapted ' CEDAR RAPIDS GAZETTE, INC. Budding Perrritts Mellon by Neuhaus 2nd Har- i ville'to approve.the deck lot Carol Sorg..MOO by Walnweiight„2nd:Shakespeere fa approve Trent Ja- eobl`s garage and shop.MC. Mr, Mrs.Mike Karalr Frank Karal,Mr.&.Mrs Jet€Vance were in aitepddhce 90 discuss the secu- rily tfghis around the storage buildings owned by the Vance's,The Clerk Was instructed to contact Linn their restrlctlons on lights.Me-. _. lion by Neuhaus,.,god Harville to table the Lights until the INoverifber Cauncfl Meeting y............................................................... Toad Phitii k appeared about his old building per mft.,:Mellon by:she.kespeare,2nd Neuhaus ta.ex _ tend his buildtatg permit„for vne month,but a_de- talled description of the work left to be done on his apartments be sent,to City Hail.MC Sgt. L vie Rusk delivered the Sheriffs report. Sheriff'Don Zeiler and Mayor.Carl Kelz arrtved and gave!a brief.604114.61'the new Van,2 new road deP&0ds wlitl be added to.=.Road patrol thanks td a Grant The Cduricii discussed a fzvr concerns itha. had._arrd 4hanK;;Shtelff Zefer and l Alor Koiz.for their':atllendanEe i Mdfion lby,14arvilie,2nd:Neuhaus fo approve'the app.otntment af.Jnhn Sin9feton to the Fair%x:r-Ye Department.MC.Chief:5ankof reminded the Coun- cii dt the Opera House oh Sunday,October:331h, .: 1;Ot3-4:00 p.m: Melton by Walnwrighl.2ndsh6koS0ea. for Lod thesFer`and�awsRUraf Water in W"'averty�s4'4�"�n�;4y.. - &Lud wi€t:survey:the Streets:for loose gravel and contact:several-companies about Ipickliag up fhe�' -- loose gravel, Motion by Shakespeare,2nd Neuhaus for clerk to attend the IMFOA meeting-ln Des.Moines.MC. Discussion an some of the foSowingl items Li brary:report,:the development of Fairfax::Road, :. Officia€grade of City Streets,and sewer line exfenw sions. Motion by Harvffle to approve the bills presented for Payment,second by Wainwright MC; Motion by Shakespeare,2nd.Wainwright fo ad- 1 lourn'at 9:39 p.m.. M&k E,Shreefv,Mayor Betty Panek, City Clerk. BILLS PRESENTED FOR PAYMENT O&OBER GENERAL 360 Communications 19.95` Office 1 Superstores: 81.61i Fed W7H&FICA::::: :.,..510.02 State)WiH 54:37:: A05 Bluestem :::,: ._ :: CTS :....:: ...::::.,»....... ............24.00: DauIs,Jones,Lamb Agy,.........:::..... ...........:::._..333.06` EBY s.;ri: 12.08 Grainger Inc "-,' :.,. B5984 C..Ri.Welding Supply':. HawkeyeFire&Safety .......i 56.75;'. Kirkwood-Collegei i ..._:: 240.00 I Medlcenter West....... Milliiser:•Smiltt:Agcncy Sfeelsmith Sanitation __3,$94.97 Serv7ce Press ::. 100.09: South 5iope Tel.: 1761.36 Kieck's East Cenral Regional Lib 1500 Skvlina5uoptY 6.06 Baker&.Taylor..:::::.: S .276.15 Fisher Ezcavating;:Inc: !-Salarlds-.. .::,:..:; MarYAnn Peters:::::,;: ,.8&52 #ire5erv:Schoal:: 100.00': tPER'S`s:!. 218.56 Insiy Prints 21.21 Banes:Constr 212.50> Brecke,:::: _..355.45 Danko Emergency::?. 3485,45 Doors;Inc `...: '< 12.75:1: Gazette::.:: ............ 107.97 Post Offtce :::;:. 9730 Fa irfax Grain 51.80 IES Uillities 37539 --`J.A Reno Assoc.....:::: .::i:...406.00 Midwest Wheel ....., .,..... .18.70 Sankors:Garage 219.00 Zeb's Oi€:;: 148.78 Mid`American 23,73:... :Mike Sankoi 63.05 Goldfinch Magazine Si 10,00 Follett:Software ,1...229.00 Southeastern Books:.,. 15,30 I CIGOG:?i: .........;_.....,......»...1;.._472.50....:: ';Date�11T1Ple FD :i:an _.....45.9€1 :'. RUT Fed WfH?&FICA 1979a ': State W/H: _.i: 18.93. Fairfax Grain Linn Co;REC 3160r. '. Mid Americen ..:i:. ... ...:: ...,8.50 --i: Salaries::a- :: .694.62 €PER S:.: ....::.. ....,.;i:,..38.93 All 5easonsEouip:;::i .45.52 <� tES.Utllit€es Zeb s Oil:: 1794.6 .': South:Slope Tel ._.,..: WATER>: James Philip 30.00 Richard Miller :, 15,0g Blue Cross,Blue Shield 749.79 IPER S 136.18 Keystone Laboratories 75,00::: City of Norway l O4.tl0 Mld Arnerican 14.11 .�Salanes .:1 `..821.62 Alice Glick :::..................:........., Water Pollution tS.OQ Fed W/H&FICA .:::; ...._,.:..392.48 Sta18WLH. 5286 IES Utilities : ......,:': 24T08 i WaterPro Supplies:.::.:: 74,57... AWT ........................ 159.60 :: SEWER Post Office. :....20.00 ;IPER 5 107.02 South Slope Tel-- ....::,.......... ....:i.,,.63.00. Crawford Quarry........... 103.59 C Iowa One Cali 28.60 Payless Cashways:::;:- 136.30 Hygienic Laboratories 105,00 Colony Heating.....:::.::.....................:..................:::...75.00 .: Salaries... :;,1,042.62 Fed W/H&FICA ::.,305.27 ::. Slate W/H: .... 50.36' t Davis,Jones,Lamb 58.94 IES Ufiltlfes 116.91 Best RontaE .......: ....::.1:.133.44 Tractor Supply . 30.44 Bib System 5 a:: 187.66 Howe Sanitation -:11902.00 RECEIPTS. GeneraE;.::: 3.280.73 Debi Servile .:c.282.08:'`. ;.:Fire Dept,Equipment: .........................469.04" FAT......... ....:::.: .....::::..... .13 Cap.investments 260.81: '. Sewer Dept 49.44,,-. RUT.:.:: :::: 3,090.37 Library TaA . ».. ............:...................1;;.180.83 i.Fireworks.:.. ......... »,:,.::.:::.39.33: Gen.Savings ,..... - .:::::c.:14.34. Water Dept. ......... ......::: BILLS PRESENTED FOR PAYMENT OCTOBER GENERAL 360 Communications 19 . 95 MaryAnn Peters 88.52 Office 1 Superstores 81 . 61 Fire Serv. School 100.00 Fed W/H & FICA 510 . 02 IPER ' S 2;18.56 State W/H 64 . 37 Insty Prints 21.21 AOS 355 . 43 Banes Constr . 212.50 BlueStem 455 . 36 Brecke 355.95 CTS 24 . 00 Danko Emergency 3 , 485 . 96 Davis ,Jones Lamb, Agy. 333 . 06 Doors , Inc . 12.75 Eby' s . 12 , 00 Gazette 10'7.97 Grainger , Inc. 159 . 84 Post Office 97.90 C. R. Welding Supply 49 . 28 Fairfax Grain 51.80 Hawkeye Fire & Safety 56 . 75 IES Utilities 37'5.39 Kirkwood College 240 . 00 ,7.A, Reno Assoc . 406.00 Medicenter West 180 . 00 Midwest Wheel 18.70 Millhiser Smith Agency 57 . 00 Sankot ' s Garage 21.'9.00 Steelsmith Sanitation 3 , 494 . 97 Zeb' s Oil 148.78 Service Press 100 . 00 Mid American 23.73 South Slope Tel 170 . 36 Mike Sankot 163.05 Kieck' s 387 . 40 Goldfinch Magazine 10.00 East Central Regional Lib. 15 . 00 Follett Software 2'20.00 Skyline Supply 6 . 06 Southeastern Books 15.30 Baker & Taylor 226 . 15 ECIGOG 472.50 Fisher Excavating , Inc. 1 , 250 . 00 Dave Zimple -- F . D , 4.5.00 Salaries 1 ,809 . 04 RUT Fed W/H & FICA 107 . 04 IPER ' S 38.93 State W/H 18 . 93 All Seasons Equip 46.52 Fairfax Grain 375 . 00 IES Utilities 688.71 Linn Co . REC 33 . 60 Zeb' s Oil 179.46 Mid American 8 . 50 South Slope Tel . 10.50 Salaries 604 . 62 WATER James Philipp 30 . 00 Alice Glick 90.00 Richard Miller 15 . 00 Water Pollution 15.00 Blue Cross , Blue Shield 749 . 79 Fed W/H & FICA 392.48 IPER ' S 136 . 18 State W/H 62.86 Keystone Laboratories 75 . 00 IES Utilities 247.08 City Of Norway 104 . 00 WaterPro Supplies 74.57 Mid American 14 . 11 AWT 159.60 Salaries 821 . 62 SEWER _�- Post Office 20 . 00 Fed W/H & FICA 305.27 IPER' S 107 . 02 State W/H 50.36 South Slope Tel . 63 , 00 Davis ,Jones , Lamb 58.94 Crawford Quarry 103 . 59 IES Utilities 116.91 Iowa One Call 28 . 60 Best Rental 133.44 Payless Cashways 136 . 30 Tractor Supply 30.94 Hygienic Laboratories 105 . 00 Bio Systems 182.66 City of Fairfax, Iowa Ordinance No. 204 AN ORDINANCE AMENDING THE CITY OF FAIRFAX, IOWA, ZONING ORDINANCE OF MAY 14, 1991, ORDINANCE NO. 166, AS AMENDED, ACCORDING TO SEC'T'ION 414 . 4, CODE OF IOWA, AND SECTION 1 . 09 . 02 OF THE CITY OF FAIRFAX, IOWA, ZONING ORDINANCE OF MAY 14, 1991, AS AMENDED, FOR THE PURPOSES OF ADOPTING PROCEDURES AND CRITERIA FOR THE REVIEW OF APPLICATIONS FOR SPECIAL EXCEPTION PERMITS BY THE BOARD OF ADJUSTMENT; ESTABLISHING CERTAIN USES AS SPECIAL EXCEPTION USES IN THE AGRICULTURAL DISTRICT; AND REPEALING CERTAIN PERMITTED USES AND ESTABLISHING CERTAIN USES AS SPECIAL EXCEPTION USES IN THE LIGHT INDUSTRIAL DISTRICT. WHEREAS, the City of Fairfax Planning and '.Zoning Commission has considered the text amendment proposed to it so as to provide for procedures and criteria for the review of applications for special exception permits by the Board of Adjustment; establishing certain uses as special, exception uses in the Agricultural district; and repealing certain permitted uses and establishing certain uses as special exception uses in the Light Industrial district; and WHEREAS, the Planning and Zoning Commission held a public hearing on September 26, 1996; and WHEREAS, the Planning and Zoning Commission recommended approval of this proposed text amendment by a vote of _- ; and WHEREAS, this Council, agrees with the recommendation of the Planning and Zoning Commission; and WHEREAS, the recommendation form of the Planning and Zoning Commission is attached hereto and incorporated by reference herein. NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF FAIRFAX, IOWA: Section 1. The language contained in subsection 1. 06. 02 .B. of said City of Fairfax, Iowa, Zoning Ordinance of May 14, 1991, as amended, is hereby repealed and the following adopted in lieu thereof: [1.06. 02 - BOARD OF ADJUSTMENT: POWERS AND DUTIES] B. special Exceptions : Conditions Governing Applications; Procedures . To hear and decide only such special exceptions as the Board of Adjustment is specifically authorized to pass on by the terms of this Ordinance.; to decide such questions as are involved in determining whether special exceptions should be granted; and to grant exceptions with such conditions and safeguards as are appropriate under this Ordinance, or to deny special exceptions when not in harmony with the purpose and intent of this Ordinance . A special exception shall not be granted by the Board of Adjustment unless the following have been met : 1 . A written application for a special exception is submitted indicating the section of this Ordinance under which the special exception is sought and stating the grounds on which it is requested. 2 . The Planning and Zoning Commission shall review such application and return a written report of their findings and recommendations to the Board of Adjustment prior to the Board of Adjustment' s scheduled public hearing on the application. In their review, the Zoning Commission shall consider each of the standards established in Subsection 1 .06. 02 .B. 8 . of this Ordinance. In a separate paragraph in such report, . the Zoning Commission shall list any recommended conditions and restrictions to be attached to an approval of the subject application. 3 . The Board of Adjustment shall set a public hearing for the application and shall give notice by publication in the city' s official newspaper of the time, date, and place of the hearing not less than seven (7 ) days nor more than twenty (',20) days before the date of such hearing. In addition, the owner of the property for which the special exception is sought, or the owner' s agent, and the owners of record of all properties within two hundred (200) feet of the property for which the special exception is sought, shall be notified by mail of the time, date, and place of the hearing not less then seven (7) days nor more than twenty (20) days prior to the public hearing. In setting the date for public hearing, the Board of Adjustment shall allow for the time required by the Planning and Zoning Commission to review the application and return its report to the Board of Adjustment... 4 . The Administrative Official shall provide each applicant requesting a special exception permit with at least two (2) notification signs containing the time, date, and place of the Planning and Zoning Commission and Board of Adjustment meetings . Said signs shall be clearly posted by the applicant on the property for which a request has been made . On large parcels the posting of additional signs may be required. At least one sign must be placed so it may be seen from a street, and in cases of through lots and corner lots, a sign shall be posted on both frontages . When a property is in the interior of a block or tract of land the posting of additional signs may be required adjacent to and facing surrounding properties. For each sign provided, the applicant shall pay a fee in an amount established from time to time by resolution of the City Council. a. ) Notification signs shall be posted at least seven (7) days before the Planning and Zoning Commission and Board of Adjustment meetings which said dates shall be noted on the sign by the Administrative Official. It shall be the applicant' s responsibility to see that said signs remain posted until after the Board of Adjustment' s final action. If the signs are not posted in accordance with the preceding requirements, the Commission or Board of Adjustment may delay action on the application. No person other than the applicant or the applicant' s agent shall erect, remove, alter, or tamper with such signs, nor in any way affect the visibility, or in any way interfere with the sign or signs during the period provided in this paragraph. Said signs shall be removed by the applicant no later than five (5) days after the Board of Adjustment' s final action. In the event the application is withdrawn prior to final action, said signs shall be removed within five (5) days from the date of withdrawal . b. ) If the .Planning and Zoning Commission or the Board of Adjustment is to act on the applicant' s request at any time other than that specified on the special exception permit notification signs, the applicant may be required to obtain and post new signs with the new dates and times . 5 . The Board of Adjustment shall hold a public hearing. Any party may appear in person, by agent, or by attorney. 6. The Board of Adjustment shall, after receiving the report from the Planning and Zoning Commission and conducting the public hearing, shall reach its decision within thirty (30) days of the date of the public hearing, unless such time is extended by mutual consent. of the applicant and the Board of Adjustment . In their review, the Board of Adjustment shall consider each of the standards established in Subsection 1 . 06. 02 .8. 8 . of this Ordinance . The Board of Adjustment shall either grant the application for a special exception, grant it subject to conditions, or deny the application. 7 . The Board of Adjustment, after review of the standards and criteria established in Subsection 1 . 06. 02 . B.S. of this Ordinance, may impose such conditions, including restrictions and safeguards, upon the property benefited by the special exception as considered necessary to prevent or minimize adverse effects upon other property in the vicinity or upon public facilities and services . Such conditions shall include a requirement that development be in accord with a site development plan approved by the Board of Adjustment . Such conditions shall be expressly set forth in the approval of the :special exception. Violation of such conditions and safeguards, when made a part of the terms under which the special exception is granted, shall be deemed a violation of this Ordinance and punishable under Section 1 . 05 . 03 of this Ordinance. The Board of Adjustment shall prescribe a time limit within which the action for which the special exception is required shall be started or completed, or both.. Failure to start and/or complete such action within the time limit prescribed by the Board of Adjustment shall void the special exception permit. 8 . The Board of Adjustment shall have the power and it shall be its duty to hear and decide requests for a special exception permit as provided for in this Ordinance. In reviewing an application for a special exception permit, findings based on the following criteria shall be made and serve as the basis for approval, approval subject to conditions, or denial of the request: a. ) Does the proposed use conform with the city' s comprehensive plan? b. ) Is the site suitable for the proposed use? Such factors as size and shape of the property, topographic conditions, soil conditions to support water and septic systems (if municipal water and sewer are unavailable) , accessibility to transportation facilities, diversion of prime agricultural land (Corn Suitability Rating above 65) to non-agricultural uses, and soil erosion problems ,shall be considered. c. ) Is the proposed use compatible with surrounding property uses and/or the general health, safety, and welfare of the community? Such factors as the activities and function of the proposed use shall be considered to determine if the proposed use conflicts with or reduces the usefulness or value or creates other negative impacts on adjoining property or properties in the general area, including public, health, safety, and welfare. d. ) Is the adjoining road system adequate to accommodate the proposed use in terms of the present traffic volume vs . road capacity and the general condition of the road system? e. ) Can adequate measures be taken to minimize any potential adverse impacts on surrounding property? If so, stipulate such measures as required by the Ordinance or special conditions that would be required. Section 2 . The City of Fairfax, Iowa, Zoning Ordinance of May 14, 1991, as amended, is hereby amended by repealing language contained in Subsection 1 .07 . 02 .D. 7 . , and the following adopted in lieu thereof: �[1. 07 . 02 - AGRICULTURAL DISTRICT D. Special Exceptions] 7 . Structures and uses such as utility substations, railroad lines and yards, generating plants, relay towers, switching stations, ,sewer and water treatment facilities, sanitary landfills, and the like. Section 3. Section 1.07 . 09 of the City of Fairfax, Iowa, Zoning Ordinance of May 14, 1991, as amended, is hereby amended by repealing subsection 1 . 07 . 02 . B. 8 of said Ordinance. Section 1 , 07 . 09 of the City of Fairfax, Iowa, Zoning Ordinance of May 14, 1991, as amended, is hereby amended by adding new subsections "l, 2, 3, and 4" to subsection 1 . 07 . 09.D. of said Ordinance and adopting the following language : [1. 07 . 09 - LIGHT INDUSTRIAL DISTRICT D. Special Exceptions] 1 . Structures and uses such as utility substations, railroad lines and yards, generating plants., relay towers, switching stations, sewer and water treatment facilities, sanitary landfills, and the like. 2 . Radio, communication, and television broadcasting towers and/or stations.- 3 . Carnivals, circuses, fairs, and road shows . 4 . Stock yards and/or sale barns and yards . Section 4 . All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 5 . If any section, provision, or part of this Ordinance. is adjudged to be 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 to be invalid or unconstitutional. Section 6. This Ordinance shall be in full force and effect from and after the final passage, approval, and publication as provided by law. PASSED this day of D"3d 1996 and APPROVED this ` day of q() - �� - - ---, 1996. AYE: NAY: C3 ABSTAIN: ABSENT: SIGNED: Mayor, City of F'airf x, Iowa ATTEST: — City Cle , ty of Fairfax, Iowa I hereby certify that the foregoing was published as Ordinance No. 204 on the day of 1996, by publishing in a newspaper of general circulation as provided by law. City Cle , City of Fairfax, Iowa MEMORANDUM OF RECOMMENDATION DATE: September 26, 1996 TO: Fairfax City Council FROM: Fairfax Planning &Zoning Commission SUBJECT: Ordinance No. 204 On September 26 1996, the Fairfax Planning and Zoning Commission reviewed a final draft of the proposed Ordinance No. 204, an Ordinance amending the City of Fairfax, Iowa, Zoning Ordinance of May 14, 1991 (Ordinance No. 166), as amended, according to Section 414.4, Code of Iowa, and Section 1.09.02 of the City of Fairfax, Iowa, Zoning Ordinance of May 14, 1991„ as amended, for the purposes of adopting procedures and criteria for the review of applications for special exception permits by the Board Of Adjustment; establishing certain uses as special exception uses in the Agricultural district; and repealing certain permitted uses and establishing certain uses as special exception uses in the Light Industrial district_ Fallowing a public hearing on said proposed Ordinance No. 204, said proposed Ordinance No, 204 was found acceptable by the Fairfax Planning and Zoning Commission. A motion was made, seconded, and approved by a vote of 4 to 6 to recommend said proposed Ordinance No. 204 to the Fairfax City Council for adoption following a public hearing at the City Council's October S, 1996, meeting. SIGNED: - "w,_ Chair, Fairfax Planning & Zoning' ommission Date This Memorandum of Recommendation shall become a part of the above stated ordinance amendment and incorporated into said ordinance amendment by reference, City of Fairfax, Iowa Ordinance No. 205 AN ORDINANCE AMENDING THE CITY OF FAIRFAX, IOWA, ZONING ORDINANCE OF MAY 14, 1991, ORDINANCE NO. 166, AS AMENDED, ACCORDING TO SECTION 414 . 4, CODE OF IOWA, AND SECTION 1 . 09. 02 OF THE CITY OF FAIRFAX, IOWA, ZONING ORDINANCE OF MAY 14, 1991, AS AMENDED, FOR THE PURPOSE OF ALLOWING FOR APPLICATION FEES FOR ACTIONS UNDER SAID ORDINANCE TO BE SET BY- THE CITY COUNCIL BY RESOLUTION. WHEREAS, the City of Fairfax Planning and Zoning Commission has considered the text amendment proposed to it so as to provide for the setting of application fees under said Ordinance by the City Council by resolution; and WHEREAS, the Planning and Zoning Commission held a public hearing on September 26�, 1996; and WHEREAS, the Planning and Zoning Commission recommended approval of this proposed text amendment by a vote of ; and WHEREAS, this Council agrees with the recommendation of the Planning and Zoning Commission; and - WHEREAS, the recommendation form of the Planning and Zoning Commission is attached hereto and incorporated by reference herein. NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF FAIRFAX, IOWA: Section 1 . Section 1 . 09. 04 of the City of Fairfax, Iowa, Zoning Ordinance of May 14, 1991, as amended, is hereby amended by adding the following paragraph to existing language : Application fees for actions under this Ordinance shall be established by the City Council by resolution. Section 2 . All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed . Section 3. If any section, provision, or part of this Ordinance: is adjudged to be 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 to be invalid or unconstitutional. Section 4 . This Ordinance shall be in full force and effect from and after the final passage, approval, and publication as provided by law. PASSED this day 0 f z 9_2 1996 and ' o, j0j-kAJ Li APPROVED this day f a 1996. AYE: NAY: ABSTAIN: ABSENT: SIGNED: Mayor, City of Fairfax, owa 2- City Cler , (C ' ty of Fairfax, Iowa I hereby certify that the foregoing was published as ordinance - No. 205 on the day of , 1996, by publishing in a newspaper of general circulation as provided by law. City Cl k, ity of Fairfax, Iowa MEMORANDUM OF RIECOMMENDATION DATE: September 26, 1996 TO: Fairfax City Council FROM: Fairfax Planning&,Zoning Commission SUBJECT: Ordinance No. 205 On September 26, 1996, the Fairfax Planning and Zoning Commission reviewed a final draft of the proposed Ordinance No. 205, an Ordinance amending the City of Fairfax, Iowa, Zoning Ordinance of May 14, 1991 (Ordinance No. 166), as amended, according to Section 414.4, Code of Iowa, and Section 1.09.02 of the City of Fairfax, Iowa, Zoning Ordinance of May 14, 1991, as amended, for the purpose of allowing for application fees for actions under said Ordinance to be set by the City Council by resolution. Following a public hearing on said proposed Ordinance No. 205, said proposed Ordinance No. 205 was found acceptable by the Fairfax Planning and Zoning Commission. A motion was made, seconded, and approved by a vote of to 0 to recommend said proposed Ordinance No. 205 to the Fairfax City Council for adoption following a public hearing at the City Council's October 8, 1996, meeting. SIGNED: Chair, Fairfax Planning & Zoniplj Commission Date This Memorandum of Recommendation shall become a part of the above stated ordinance amendment and incorporated into said ordinance amendment by reference. City of Fairfax, Iowa Ordinance No. 206 AN ORDINANCE AMENDING THE CITY OF FAIRFAX, IOWA, ZONING ORDINANCE OF MAY 14, 1991, ORDINANCE NO. 166, AS AMENDED, ACCORDING TO SECTION 414 .4, CODE OF IOWA, AND SECTION 1. 09. 02 OF THE CITY OF FAIRFAX, IOWA, ZONING ORDINANCE OF MAY 14, 1991, AS AMENDED, FOR THE PURPOSE' OF AMENDING THE CONDITIONS THAT MUST BE DEMONSTRATED BY AN APPLICANT WHEN REQUESTING A VARIANCE TO THE PROVISIONS OF SAID CITY OF FAIRFAX, IOWA, ZONING ORDINANCE OF MAY 14, 1991, AS AMENDED. WHEREAS, the City of Fairfax Planning and Zoning Commission has considered the text amendment proposed to it so as to provide for conditions that must be demonstrated by an applicant when requesting a variance to the provisions of said City of Fairfax, Iowa, Zoning Ordinance of May 14, 1991, as amended; and WHEREAS, the Planning and Zoning Commission held a public hearing on September 26, 1996; and WHEREAS, the Planning and Zoning Commission recommended approval of this proposed text amendment by a vote of _-_; and WHEREAS, this Council agrees with the recommendation of the Planning and Zoning Commission; and WHEREAS, the recommendation form of the Planning and Zoning Commission is attached hereto and incorporated by reference herein. NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF FAIRFAX, IOWA: Section 1 . The language contained in Subsection 1 . 06. 02 .C. 1 . of said City of Fairfax, Iowa, Zoning Ordinance of May 14, 1991, as amended, is hereby repealed and the following adopted in lieu thereof: [1.06 . 02 - BOARD OF ADJUSTMENT: POWERS AND DUTIES C. Variance, Conditions Governing Application; Procedures] 1. A written application for a variance is submitted demonstrating all of the following: a. ) That demonstrable special conditions and circumstances exist which are peculiar to land,, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same district. b. ) That literal interpretation of the provisions of this Ordinance will deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Ordinance . c. ) That the demonstrable special conditions and circumstances do not result from the actions of the applicant . d. ) That granting of the variance requested will not: 1 . ) confer on the applicant any special privilege that is denied by this Ordinance to other lands, structures, or buildings in the same district; 2 . ) serve merely as a convenience to the applicant; 3 . ) impair the general purpose and intent of the regulations and provisions contained in this Ordinance; 4 . ) impair an adequate supply of light and air to adjacent properties; 5 . ) increase the hazard from fire and other damages to said property; 6. ) diminish the value of land and buildings in the city; 7 . ) increase the congestion and traffic hazards on public roads; and 8 . ) impair the public, health, safety, and general welfare of the inhabitants of the city. No nonconforming use of neighboring lands, structures, or buildings in the same district, and no permitted or nonconforming use of land, structures, or buildings in other districts may be considered as grounds for the issuance of a variance . section 2 . All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 3. If any section, provision, or part of this Ordinance is adjudged to be 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 to be invalid or unconstitutional. Section 4 . This Ordinance shall be in full force and effect from and after the final passage, approval, and publication as provided by law. PASSED this U day of fit. , 1996 and APPROVED this pday of 1996 . AYE: q NAY : tom' ABSTAIN: 0 ABSENT: SIGNED: Mayor, city of Eairf , Iowa ATTEST: City Cler , 0 Itty of Fairfax, Iowa I hereby certify that the foregoing was published as Ordinance Teo. 206 on the day of , 1996, by publishing in a newspaper of general circulation as provided by law. City Clerk,QcClty of Fairfax, Iowa MEMORANDUM OF RECOMMENDATION DATE: September 26, 1996 TO: Fairfax City Council FROM: Fairfax Planning& Zoning Commission SUBJECT: Ordinance No. 206 On September 26, 1996, the Fairfax Planning and Zoning Commission reviewed a final draft of the proposed Ordinance No. 206, an Ordinance amending the City of Fairfax, Iowa, Zoning Ordinance of May 14, 1991 (Ordinance No. 166), as amended, according to Section 414.4, Code of Iowa, and Section 1.09,02 of the City of Fairfax, Iowa, Zoning Ordinance of May 14, 1991, as amended, for the purpose of amending the conditions that must be demonstrated by an applicant when requesting a variance to the provisions of said City of Fairfax, Iowa, Zoning Ordinance of May 14, 1991, as amended. Following a public hearing on said proposed Ordinance No, 206, said proposed Ordinance No. 206 was found acceptable by the Fairfax Planning and Zoning Commission. A motion was made, seconded, and approved by a vote of to 0 to recommend said proposed Ordinance No. 206 to the Fairfax City Council for adoption following a public hearing at the City Council's October 8, 1996, meeting. SIGNED: Chair, Fairfax Planning & Zonin.?; omrnission Date This Memorandum of Recommendation shall become a part of the above stated ordinance amendment and incorporated into said ordinance amendment by reference. RESOLUTION NO.09 icy RESOLUTION OF THE CITY OF FAIRFAX, IOWA APPROVING THE TRANSFER OF CONTROL, OF THE CABLE TELEVISION FRANCHISE ''WHEREAS, Cox Communications Cedar Rapids, Inc. ("Franchisee") owns, operates, and maintains a cable television system ("System") in the City of Fairfax, Iowa(the"Franchise Authority"), pursuant to Ordinance No. 189, dated June 14, 1994(the"Franchise"), and Franchisee is the duly authorized holder of the Franchise; and WHEREAS, Cox Communications, Inc. indirectly owns all the outstanding stock of Franchisee and CoxCom, Inc. ("CoxCom"); and "'WHEREAS, TCI American Cable Holdings, L.P. ("TCI American Cable"), CoxCom and Franchisee together with certain other related parties are parties to an agreement (the"Exchange Agreement"); and WHEREAS, the transaction called for in the Exchange Agreement will result in (i) the Franchisee being merged with and into CoxCom with CoxCom being the surviving corporation (the "Merger") and (ii)the System and the Franchise being transferred from CoxCom to TCI American Cable in exchange for other cable television systems (the"Exchange"): and WHEREAS,Franchisee and T'CI American Cable have requested consent by the Franchise Authority to the Merger and the Exchange in accordance with the requirements of the Franchise; and '"WHEREAS, the Merger and Exchange are deemed to be in the best interests of the residents of the City of Fairfax. SECTION 1. The Franchise Authority hereby consents to the Merger and the Exchange, all in accordance with the Terms of the Franchise. SECTION 2. The Franchise Authority confirms that (a) the Franchise was properly granted to Franchisee, (b) the Franchise is currently in full force and effect and will expire on May 14, 2009, subject to options in the Franchise, if any, to extend such term, (c)the Franchise supersedes all other agreements between Franchisee and the Franchise Authority and represents the entire understanding of the parties, and (d)Franchisee is materially in compliance with the provisions of the Franchise and there exists no fact or circumstance known to the Franchise Authority which constitutes or which, with the passage of time or giving of notice of both, would constitute a material default or breach under the Franchise or would allow the Franchise Authority to cancel or terminate the rights thereunder except upon the expiration of the full term of the Franchise. SECTION 3. TCI American Cable may transfer the Franchise or control related thereto to any entity controlling, controlled by or under common control with TCI American Cable. SECTION 4. This Resolution shall be deemed effective for purposes of the Merger upon the effective date of the Merger and for purposes of the Exchange upon the closing of the Exchange the "Closing Date"). 'SECTION 5. The Franchise Authority hereby consents to and approves the assignment, mortgage, pledge or other encumbrance, if any, of the Franchisee,the System or assets relating thereto, as a collateral for a loan. SECTION 6. The Franchise Authority releases Franchisee, effective upon the Closing Date, from all obligations and liabilities that accrue on and after the Closing Date; provided, that TCI American Cable shall be responsible for any obligations and liabilities under the Franchise that accrue on and after the Closing Date. SECTION 7. This Resolution shall have the force of a continuing agreement with Franchisee and Transferee and Franchise Authority shall not amend or otherwise alter this Resolution without the consent of Franchisee and Transferee. PASSED, ADOPTED AND APPROVED this day of 1996. By: ATTEST: Clerk 1, the undersigned, being the duly appointed, qualified and acting Clerk of the City of Fairfax, hereby certify that the foregoing,Resolution No® ,Ljs a true, correct and accurate copy as duly and lawfully passed and adop ed by the governing body of the on the day of _ , 1996. CLERK V MOS. .TEST6 OF�EIMIG�IiNEENING APTITUDE,MATHEMATICS AND SCIENCE PROBLEM PAGE OF h w�� 2 ZaeC'i 4'j C,,, Pta-4Ze, gd s goy -')-o C 0 - � c t'n— Ile`G e'ST C cskl )21,f c G P� s�