HomeMy WebLinkAbout06/09/1998 Council Minutes CITY OF FAIRFA
COUNCIL MEETING-TUESDAY JUNE 9 , 1998-7 : 00 P.M. -CITY HALL
AGENDA.
DISCUSSION WITH POSSIBLE ACTION ON THE FOLLOWING AGENDA ITEMS..
1 . Approval of the Agenda , Minutes of May 12th meeting, Clerk' s
Budget and Financial Reports .
2 . Sheriff ' s Department
3 . Laura Routh - Iowa Waste Exchange
Liz Christiansen - Bluestem Staff
4 . Todd & Jody Philipp - Progress on finishing Apartment Complex.
5 . Building Permits - Stan Moore , 10 ' X1.0' Storage Shed.
6 . Fairfax Heights Sub Division - Street Surface , Sidewalk Cross
Walks , Engineering.
7 . Public Hearing on ORDINANCE 213 .
ORDINANCE 213 - Airport Zoning Regulations .
8 . ORDINANCE 212 - Third & Final reading of Planned Unit
Development .
9 . Cigarette Permit for Handi Mart .
10 . Fire Department
11 . Library
12 , Maintenance Report. Ditch along 80th Street .
13 . Clerk' s attendance at League of Cities Meeting .
14 . Opportunity for Citizens not on the Agenda.
15. Bills presented for payment . - Permission to pay any incoming
bills before the end of the Fiscal Year .
16. Adjournment .
CITY OF FAIRFAX
Fairfax Council Meeting
June 9 , 1998
Mayor Stallman opened the meeting at 7 : 00 p.m. , with Council
members present , Beer , Harville , Shakespeare , Stockton and
Wainwright.
Wainwright moved the approval of the Agenda, Minutes of the May
12th and May 27th Council Meetings , Clerk's Budget and Financial
Reports , 2nd Stockton. MC.
Laura Routh, Iowa Waste Exchange and Liz Christiansen, B1ueStem
Staff explained the new programs available .
Todd Philipp, explained his progress on the apartments at 331
Vanderbilt St . The Council extended his deadline to October 31st .
Motion Stockton, 2nd Shakespeare to approve the building permit
of Stan Moore for a 10x10 storage shed. MC..
Fairfax Heights Sub Division - Motion by Stockton, 2nd Alisa to
take Dick Ransom recommendations for the Pavement . Design standards
would be a minimum concrete pavement thickness of 7 inches for
residential streets and 8 inches for the commercial streets . An
equivalent asphalt section should be based on these thickness . The
commercial will be concrete . Ayes Stockton, Shakespeare, Beer , &
Harville , Wainwright abstained. Motion Wainwright , 2nd Beer to
delete the requirements for crosswalks : MC. Dick Ransom recommended
that the City would be better served by having Hart-Frederick
provide the design services for the new well and water tower , with
Dick Ransom serving as project co-ordinator, motion by Stockton,
2nd Wainwright . MC. Motion Wainwright , 2nd Shakespeare that Hall
Hall, Dick Ransom, serve as engineer for the water and sewer
extensions to Fairfax Heights . MC. There have been some changes to
the Preliminary Plat as presented, new ones will be sent down and
P&Z will set a meeting to go over the new Plats . Motion Wainwright,
2nd Stockton to contact Tom Simmering to act as Planner for setting
up the TIF district . MC.
Mayor Stallman opened the Public Hearing at 8 : 13 p . m. on
Ordinance 213 , Airport Zoning Regulations . Hearing closed at 8 . 15
p.m. Harville Moved to approve Ordinance 213 - Airport Zoning
Regulations , 2nd Beer . Beer moved the approval of Ordinance 213 on
its first reading and that the procedural requirements as setforth
in section 380 . 3 , code of Iowa, be suspended as provided for , and
that Ordinance 213 be placed on its second and third readings by
its title . 2nd Shakespeare . MC .
Motion Beer , 2nd Harville to approve the third and final reading
of Ordinance 212 - Planned Unit Development . MC .
Motion Shakespeare ,, 2nd Beer to approve the renewal of the Handi
Mart Cigarette Permit. MC.
Fire Chief reported that the Fireworks had arrived , and the new
Fire Truck will arrive in June 1999 . The chief warned people about
pouring gasoline on fires .
Librairian reported that Dot Pospishil will replace Don Young on
the Library Board .
Shakespeare left at 8: 35 p.m. Motion Wainwright , 2nd Beer to
approve the clerk' s request to attend the League of Cities meeting
in Council Bluffs in September . MC .
approve bills presented and for the clerk to pay any incoming bills
before the end of the Fiscal Year . MC.
Motion Harville , 2nd Beer to adjourn at 9 : 35 p.m.
Brian Stallman, Mayor
Betty� Panek, City Clerk
CITY OF FAIRFAX
.525 VANL7ERBILT STREET
FAIRFA , .IOWA 52225
(319)846-22174
June 3 , 1998
Todd & Jody Philipp,
Mayor Stallman has requested that
you attend the Council Meeting on
June 10th to discuss the progress
you are making on your building . You
were notified that it must be
finished by June 30th . The meeting
will be at 7 : 00 p.m.
Thank you,
City of Fairfax
i
I:
CITY OF FAIRFAX
525 VA DERBILT STREET
FAIRFAX, IOWA 52228
(319)846--2204
I , Betty J . Panek, City clerk,
Fairfax , Iowa do hereby certify that
the attached Ordinances 1 % was
passed and approved by the Fairfax
City Council and was posted as
required by law at the Fairfax
Library , Fairfax Post Office ,
Fairfax State Savings Bank and
Fairfax City Hall on :Lb. day of
r of 1.9!
I do hereby certify that they are
part of the Public Records on file
in the City Clerk' s Office .
,f
Betty J . Panek
l
STATE OF IOWA
County of Linn SS.
C11TY OF FAIRFAX
fahrfax CountiftMe"ft
.t�tp�lg 9;1948;:
Mayor Stallman opened the meeting at 7;00 mrrt.",:
With:
.countif merrtbers preselt Beer,;F1arvIU
Shakespeara, Stockton and Wainwright.
Wainwright imoved the aPProeaf of the Aoenda
Mlnutes of-.the May 121h acrd:im 27th;Council
hheeEinyfs, Cferlk's 8uriget and !f=irrancfaG:[?epoPts;
2nd Stocktort MC
Laura Re.uttt Iowa-Waste Sxchange and Liz
thrlstfansen, Ifuestertr sta# explained the nevi I,J» ; HLADKY III, being duly sworn on my oath, do say, that
progranris dprmi ble f
Todd Pis at , ex%fidord his P he Co ci iho I am publisher of THE CEDAR RAPIDS GAZETTE a
aparttttents at 3'31 Vsrbilf st:The,Council ex=
teaded.his,_deadline,tio:)cfal?er,31st. t
Mot€g.plan t n Stan::bdrefo re ra aOpra�e fhe e, spaper issued dally and printed at Cedar rapids, in said..
Tstdidirt5f q;rr�s€f a3 Stan Maare for 1Qx1Q storai8g i
'shed.MC.
j 26dx fl tg&tak et aE �s,msom reiconn SfhdbI County of Linn; that the Notice' of which the annexed printed
std hie�rwr take DICK nknes°swouldbe copy, inserted �Ild pL117�115 newspaper
a ts#inlmum carrirrate pavement'ihlckrtess of 71nch- � q,,
frarresideahtiaf streets and It tnches for the colts_ , published in Said in the
tffar al,streets. Ad;eaurvateni asphatt secll n:
strou$d be based on these thlckness.The comrn6r:- issues of»
clalttt8l be concrete Ayes 5lockton Shakespeare, "•••"•..............................•••. •........•,••••,•••.•.................. ...............
goer 9 !{arrtlle, WAinwright:'abstained,'Motion
for.erai tr`-2n Beer to daiat omerecomiriended .................. .,»».....................................................
9 d .»...............................
for cI°asswalks;MC.;D1ck [tans. mended
that tha Cfly.would b e better served b.y.having
newwieEland water tower,woth.E7 Dick Ransorrf serhe ................................................................................................. ........_......
Hart-FredewcAc proorldo the des€ rr servicesfar.t
l v-
4119 as Pr6104t cvm ardlnatar m,0lton by Stockton,
2hd1!Valnwrlglht me Motion Wainwright 2nd .............................................1417 18,........A. D. 19.. 5 .,«".
Shakespeare that Hall:S Hill,..hick Ransom;serve s er 69.93
en9fne for the water and sewer extensions to
,rtax Heights MC. There nave been same and the reasonable fee for publishing said Notice is $..... ......... .,..
-.ian9es la;:the Prehmltlary Play-as presented.:new
ones will besent dawn and PBZ.wil1 set a meefin9 to
go over iho new Plafs_ Motion-Walnwrlght, 2nd
Stockton to Contact Tam simmering to act as Plan-
ner for sell€ng pup the TIF dtsfrict MC.
Mayor stallarnan opened the Public Hearing at
013 a.m.art ordinance 213,Airport Zan1hq Regula-
t€ons.Hear€ng closed. 815 P.m.,Harville Moved.to
approve fled€aance;213-Airport Zon€ng'Re94fa-
nans,2nd€Seer.Beor:moved and hatthep of eZ1ove named J.F HLAD i, III, In my presence, and by him Sworn to
Hance 213 an Itstlrst reading and{hat the Procedur'
a1 reaulrements as sekfarth in section 380.3,Lode dt
lowa,be suspended as provided for and that ordl- S
trance 213 be Iptaced olr€ts second and th€rd read before me at Cedar Rapids, Linn County; Iowa on this
ings by its.Efffe.26d 5trakespeare.Mc. """"
'+Motion Beer,2nd HarveBa ta'awove the third June 98
and final.reading of Cirdinance 212-Planned Unit day of.............................................,,,,.....,.........A 19......
za,eXefopYreht.MC. ., .............�
Motion sha%espearE, 2nd Beer to approve the
renewal of the Handl Mart Cigarette Permit.MC Given under my hand and No arial gal.
Flre Chief ireported that the.fireworks:had er-
r€ved,and the new Fire TruCk:wili arr€9ejn June
1999.The chle+f warned People about pourin9 9aso
Itne on fires
Liibralriart,r eporfedthat Dot PosPishi fWill'reolace. .... "" � ............••••••.......".
[]on Young oin the Library Board
Shakespeare teffat835pm:MahonWeins r66h!'; o ry Public in and Linn Count; Iowa
2nd Beer a lthe clerk'sSrewosi to attend
the.League of Cities: eelin9.€6 Co4nciii 9luffs:in
Septembers.MC.
Aprimw sills presented and for fhe clerk to pay
any incoming billls before the end of the Fiscal Year:-
:.
Motion Harville,2nd Boer to adlourn o19:35 0,rn)r above'fro m.......................................................••,19....,.........
Briaif staemail Mayor:
ably Panek„city Clerk
BFl Ls PAIL] CEDAR RAPIDS GAZETTE, INC.
G$N�RAL,
liltiagf U.F€lilies 930.261.
'Philatelic fkllllrtneat :: 14$:36'.
M?S,ikon deducl1blel 28.30:
P'1re5ervice Irtstlfute 5p:00
lPCR's 232.75
:.Mary.Pacha(Lib.clean) 152.00.
CTS,Te010 Leasreng i. 24-011
Fau5er()Ei:. 156.28.
0.ralrbiil Et cfronics 65.00 I�y
St.Patrick's Cerfhately 2QQ.00 .................................................»....,.,.
Kid;D1sc#dear fLtb) 19.95
central States A,irgas:.
Bluesiem 580.38
Linn Co.FFreb9hters 37.00
Lynch,Dallas,SMith'I Harman t,5.98-02.`
Mercy st Lukas t MS.Ed 770:08:
Port"i1"iloniny 62'.9.2
Sankot"s Gftrage
'Staples 2a.94?
Irn9sMateEiat tnc ::! 10.20
G8 Fl Flecfric 91186
Mid American
FSC Stores 29 94
,::tows state UniverslEy 123.06
360 Comrndnfcatioi 20.71
FF state Savings, 48,00_i
Fed Wtk&FIICA
556-as
1�.YS4w VII : r7li RLS"
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Hra[¢.sratll'71an;(NSawor} ::692i82'
DahXd rhersency aup. 7.01;6
Gaze Pte T02:21
Lift.s.sus 370:00
^- )tCemeferv:'Assoe_ 209:9q:
ew.`magar.nies(Lib1 18795
a0s
Over America 82;80''
Linn CtS.TreasUre� 3 075.6Q:'.
Newrpurt Flowers;(FI3J 31Q
Pawless Cashwaws 64 `
Penwot ftrw Co 16"1<
South'Slope Tel. 25
SteeGstridh Sant#aPian 2 235
Ftres[iard,lr€c. 1�8p7° .
1. ....ssr Smtrh PAS 66310
Cedar Valley Humane 5oc 8s8
5afarles � 2 316:7;1;
0I5SV SERVICE
1Z1 fF
co, 4Z 760,08
AfllantUt€Ilhes 1 A91.2d
IPER% 84.2Q,
Crawford Quarry: A4.22
Ha1P&.Halt f rtv 1 053:75-
L.L.PeQho Ca_ 255.79_-
Payless Cashways 12.b€f
Calarles' 86?.X
Fed W &PICA
5#a#e Y1!7 H 38:99
L.user: .
inMCar REC 368:78360
h+SanefP'g fCemetl.`� 308.70
South SfnpB Tel. 72,75.
lihld Amerltan 8:59
41P6tT.1=R
Afllanf#1E11iPPe5 440.26
63,14
Haw8iA5119aPer TrealmertP 74:72
Sara&fons(Refurtd5
90.0o..::
Powa€lje Caff .20:50.
Iowa R lraf ssrlc{dues} 150:0f1.
XVlfd RrYierlran 12.28`'.
Feij.WH-&FICA: 192:23
Stafe MflH '32132-'=:
Iowa ¢ral Water! 50.00
PON.Cash 39.24:
Kewst+3li®Labs. 20.09
S¢r ries
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IPZ'S'i 138. '
Bfue Cross 881,4
Keystori'e.Labs_ 30:0
Fed Wf:H 8 FICA 4015.
Sta#e W'IW 693 :
5nuth Slope Tef, 154.0
Salaries 670.00:
RECEIPTS
General! 49,573.02
DebY5evfce i: :. 7,438.7� i
Fire t3ep4 FirewarlCS 515;Od1
Water L7epartmerjY.
10.089:97:_.
RUT
3,831:0%
Fire Dept]RoPratipti 2,744.25
Cop..l.nvestments 259.61
Sawer Dept... 4;027:52?;''
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ORDINANCE NO. 213
AN ORDINANCE ADOPTED BY THE CITE COUNCIL OF THE CITY OF FAIRFAX TO ADOPT UNDER PROVISIONS OF CHAPTER
329 OF THE CODE OF IOWA TO ADMINISTER AND ENFORCE, IN THE MANNER AND UPON THE CONDITIONS PRESCRIBED
BY THAT CHAPTER, UPDATED ZONING REGULATIONS FOR THE PREVENTION OF AIRPORT HAZARDS PERTAINING TO THE
EASTERN IOWA AIRPORT RESTRICTING THE HEIGHT OF STRUCTURES AND OBJECTS OF NATURAL GROWTH, BY CREATING
AIRPORT APPROACH ZONES, TRANSITION ZONES, HORIZONTAL ZONES AND CONICAL ZONES, AND ESTABLISHING THE
BOUNDARIES THEREOF IN ORDER TO PREVENT AIRPORT HAZARDS; PROVIDING FOR CHANGES IN THE RESTRICTIONS
AND BOUNDARIES OF SUCH ZONES; DEFINING CERTAIN TERMS USED HEREIN; PROVIDING FOR AIRPORT ZONING BOARDS
OF ADJUSTMENT AND AIRPORT ZONING COMMISSIONS; AND PROVIDING FOR ENFORCEMENT AND PENALTIES FOR
VIOLATION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRFAX AS FOLLOWS:
Section 1. That the following shall be adopted as Title 6, Chapter 8 of the Municipal Coale
of Fairfax, Iowa:
TITLE b, CHAPTER 8
AIRPORT Z011IG REGULATIOIS
6-8.01 SHORT TITLE.
These regulations shall he known and may be cited as the "Airport Zoning Regulations."
6-8.02 PURPOSE,
These regulations are adopted by the City Council of the City of Cedar Rapids, Iowa , and the City Council of
the City of Fairfax, Iowa, for the purpose of exercising to the fullest extent possible the power granted by
Chapter 329 of the State Cade of Iowa 1991 pertaining to the restriction of airport hazards in the vicinity of
airports and creating airport hazard zones.
6-8.03 DIMITIOIS.
For the purpose of these regulations, certain terms and words are hereby defined, Words used in the present
tense shall include the future, the singular number shall include the plural and the plural the singular and the
word "shall" is mandatory and not directory,
1. Airport - The Eastern Iowa Airport as now exists or as may hereafter be added to or changed, located in Cedar
Rapids, Iowa, and Linn County, Iowa, and owned by the City of Cedar Rapids, and under the management and
control of The Eastern Iowa Airport Commission by the provisions of Chapter 330 of the Iowa Code. The airport
includes the area of land designed and set aside for the landing and taking off of aircraft, and utilized or
to be utilized in the interest of the public for such purposes. The word "Airport" as used in these
regulations also means and includes The Eastern Iowa Airport as shown in the Cedar Rapids Municipal Airport
Raster Plan adopted by the Cedar Rapids Airport Commission on November 26, 1996, which is now on file in the
office of the Airport Director in the Administration Building at said Airport.
2. Airport elevation - The established elevation of the highest point on the usable landing area which is 863,9
feet above mean sea level.
3, Airport hazard - Any structure or tree which obstructs the air space required for the flight of aircraft in
landing or taking off at the airport as herein defined, or is otherwise hazardous to such landing or taking
off of aircraft. It shall also include any use of land within any zone established by these regulations in
such a manner as to create electrical interference with radio communication between the Airport and aircraft,
or unreasonably interfere with electronic navigation aids, or make it difficult for pilots to distinguish
between airport lights and others; or result in glare in the eyes of pilots using the airport, or impair
visibility in the vicinity of the Airport while engaged in landing or taking off at the Airport; or any other
use within any zone established by these regulations which is otherwise hazardous to such landing or taking
off of aircraft at the Airport,
. Airport hazard area - An area of land or water within the territorial limits of The Eastern Iowa Airport Zoning
Map, which is made a part of these regulations, upon which an airport hazard might be established if not
prevented, as provided by these regulations.
1
5, Approach surface - A surface longitudinally centered on the extended runway centerline, extending outward and
upward from the end of the primary surface and at the same slope as the approach zone height limitation slope
set forth in Section 6-8,06 of this Ordinance. In plan the perimeter of the approach surface coincides with
the perimeter of the approach zone.
6, Approach, transitional, horizontal, and conical zones - These zones are set forth in Section 6-8.04 of this
Ordinance.
I. Board of Adjustment - A Board consisting of 5 members appointed as provided in Section 6-8,10,
Conical surface - A surface extending outward and upward from the periphery of the horizontal surface at a
slope of 20 to 1 for a horizontal distance of 4,000 feet,
9, Hazard to air navigation - An obstruction determined to have a substantial adverse effect on the safe and
efficient utilization of the navigable airspace,
M Height - For the purpose of determining the height limits in all zones set forth in this Ordinance and shown
on the zoning map, the datum shall be mean sea level elevation unless otherwise specified,
11» Horizontal surface - A horizontal plane 150 feet above the established airport elevation, the perimeter of
which in plan coincides with the perimeter of the horizontal zone,
12 Instrument runway - A runway equipped or to be equipped with precision or non-precision electronic navigation
aid or landing air, or other air navigation facilities, suitable to permit the landing of aircraft by an
instrument approach under restricted visibility conditions.
13 Landing area - 'the general area of the Airport used for the landing, stake-off , or taxiing of aircraft, as
indicated upon the Airport Zoning, IHap.
14. Larger than utility runway - A ruinway that is constructed for and intended to be used by propeller driven
aircraft of greater than 12,500 pounds maximum gross weight and jet powered aircraft,
15, Municipalities - The City of Cedar Rapids, Iowa, and any city, town, or couaty within the territorial limits.
of The Bastern Iowa Airport Zoning Kap hereinafter described, within which an airport hazard area might be
established.
16. ltonconforaing use - Any pre-existing structure, object of natural growth„ or use of land which is inconsistent.
with the provisions of this Ordinance or an amendment thereto.
I'l, Boniostrument runway - A runway other than an instrument runway,
18„ ltonprecision instrument runway - A runway having an existing instrument approach procedure utilising air
navigation facilities with only horizontal guidance, or area type navigation equipment, for which a straight-in
nonprecision instrument approach procedure has been approved or planned,
19, obstruction - Any structure, growth, or other object, including a mobile object, which exceeds a limiting
height set forth in Section 6-8.O6 of this Ordinance.
20. Person - An individual firm, copartnership, corporation, company, association, joint stock association, or body
politic, and includes a trustee, receiver, assignee, or other similar representative thereof.
2'1, Precision instrument runway - A runway having an existing instrument approach procedure utilizing an Instrument
Landing System (ILS] or a Precision Approach Radar (PAR). It also Beans a runway for which a precision
approach system is planned and is so indicated on an approved airport layout plan or any other planning
document.
2'2,PriBary surface - A surface longitudinally centered on a runway, When the runway has a specially prepared hard.
surface, the primary surface extends 200 feet beyond each and of that runway; for military runways or when the
runway has no specially prepared hard surface, or planned hard surface, !the primary surface ends at each end
of that runway, The width of the primary surface is set forth in Section 6-8.04 of this Ordinance. The
elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway
centerline,
M Runway - A defined area on an airport prepared for landing and takeoff of aircraft along its length.
24» Structure - An object, including a mobile object, constructed or installed by man, including, but without
limitation, buildings, towers, smokestacks, and overhead transmission Iines, and the poles or other structures
supporting the same.
25, Transitional surfaces - These surfaces extend outward at 90 degree angles to the runway centerline and the
runway centerline extended at a slope of seven (1) feet horizontally for each foot vertically from the sides
of the primary and approach surfaces to where they intersect the horizontal and conical surfaces. Transitional
surfaces for those portions of the precision approach surfaces, which project through and beyond the limits
of the conical surface, extend a distance of 5,000 feet measured horizontally from the edge of the approach
surface and at 90 degree angles to the extended runway centerline.
z
26. Tree - Any object of natural growth.
27. utility runway - A runway that is constructed for and intended to be used by propeller driven aircraft of"
12,500 pounds maximum gross weight and less.
28. Visual runway - A runway intended solely for the operation of aircraft using visual approach procedures.
E-8.04 AIRPORT ZO11 S.
In order to carry out the provisions of this Ordinance, there are hereby created and established certain
zones which include all of the land lying beneath the approach surfaces, transitional surfaces, horizontal
surfaces, and conical surfaces as they apply to The Eastern Iowa Airport, Such zones are shown on the Airport
Zoning Rap dated December 30, 1997, prepared by the Howard R. Green Company. An area located in more than
one (1) of the following zones is considered to be only in the zone with the more restrictive height
limitation. The various zones are hereby established and defined as follows;
1. Runway Larger Than Utility Visual Approach Zone - The inner edge of this approach-zone coincides with the width
of the primary surface and is 500 feet wide, The approach zone expands outward uniformly to a width of 1,500
feet at a horizontal distance of 5,000 feet from the primary surface, Its centerline is the continuation of
the centerline of the runway..
2. Runway Larger Than Utility With A Visibility Minimum Greater Than 314 (Rile Bonprecision Instrument Approach
Zone - The inner edge of this approach zone coincides with the width of the primary surface and is 500 feet
wide. The approach zone expands outward uniformly to a width of 3,500 fect at a horizontal distance of 10,0010
feet from the primary surface. Its centerline is the continuation of the centerline of the runway,
3, Runway Larger Than Utility With A Visibility Minimum As Low As 314 Hile Roaprecision Instrument Approach Zome
- The inner edge of this approach zone coincides with the width of the primary surface and is 1,000 feet wide,
The approach zone expands outward uniformly to a width of 4,000 feet at a horizontal distance of 10,000 feet
from the primary surface. Its centerline is the continuation of the centerline of the runway.
4. Precision Instrument Runway Approach Zone - The inner edge of this approach zone coincides with the width of
the primary surface and is 1,000 feet wide. The approach zone expands outward uniformly to a width of 16,000
feet at a horizontal distance of 50,000 feet from the primary surface, Its centerline is the continuation of
the centerline of the runway.
5. Transitional Zones - The transitional zones are the areas beneath the transitional surfaces.
6. Horizontal Zone - The horizontal zone is established by swinging arcs of 10,000 feet radii from the center of
each end of the primary surface of each runway and connecting the adjacent arcs by drawing lines tangent to
those arcs, The horizontal zone does not include the approach and transitional zones.
7. Conical Zone - The conical zone is established as the area that commences at the periphery of the horizontal
zone and extends outward therefrom a horizontal distance of 4,000 feet,
E-8.05 AIRPORT MIHG HAP.
There is hereby adopted and enacted an airport zoning district map dated December 30, 1997, signed by the
Mayor, and attested by the Clerk, which map is on file in the office of the City Clerk, and is hereby incorporated'
into and made a part of these regulations and that the boundaries of the various zoning districts are herewith
enacted and established as shown on said map subject to the provisions hereafter set out relating to subsequent
boundary changes and amendments, Said map is designed and intended as a method and means of setting forth the
boundaries of the various airport zoning districts as the same are now shown on said map. All modifications,
references, markings and other information shown thereon are hereby enacted and established as a part of the
official district map for The Eastern Iowa Airport and are made a part of these regulations.
As relates to Title 6, Chapter 8„ said district map shall not be set out in the Runicipal Code and shall remain
on file in the office of the City Clerk after adoption and publication and shall constitute a part of Chapter 391E
of the Runicipai Code the same as if set out herein.
391.06 AIRPORT ZO11 BRIGHT LIHITATIOHS,
Except as otherwise provided in this Ordinance, no structure or tree shall be erected, altered, allowed to
grow, or maintained in any zone created by this Ordinance to a height in excess of the height limit herein
established for such zone, Such height limitations are hereby established for each of the zones in question as
follows:
3
I Runway Larger Than Utility Visual Approach Lane - Slopes twenty (20) feet outward for each foot upward
beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance
of 5,000 feet along the extended runway centerline.
Z, Runway Larger Than Utility Tith A Visibility Minimum Greater Than 314 Rile loaprecision Instrument Approach
Zone - Slopes thirty-four (34) feet outward for each foot upward beginning at the end of and at the sane
elevation as the primary surface and extending to a horizontal distance of 10,000 feet along the extended
runway centerline.
3 Runway Barger Than Utility lith A Visibility Minimum As bow As 314 file lomprecisioa Instrument Approach Zone -
Slopes thirty-four (34) feet outward for each foot upward beginning at the end of and at the same elevation
as the primary surface and extending to a horizontal distance of 10,1000 feet along the extended runway
centerline,
4» precision Instrument Runway Approach Zone - slopes fifty (501 feet outward for each foot upward beginning at
the end of and at the same elevation as the primary surface and extending to a horizontal distance of 10,000
feet along the extended runway centerline; thence slopes upward forty (40) feet horizontally for each foot.
vertically to an additional horizontal distance of 40,000 feet along the extended runway centerline.
S. Transitional Zones - Slopes seven (7) feet outward for each foot upward 'beginning at the sides of and at the
same elevation as the primary surface and the approach surface, and extending to a height of 150 feet above
the airport elevation which is 843 feet above mean sea level. In addition to the foregoing, there are
established height limits sloping seven (7) feet outward for each foot upward beginning at the sides of and
at the same elevation as the-approach surface, and extending to where they intersect the conical surface,
Where the precision instrument runway approach zone projects beyond the conical gone, there are established
height limits sloping seven (7) feet outward for each foot upward beginning at the sides of and at the same
elevation as the approach surface, and extending a horizontal distance of 5,000 feet measured at 90 degree
angles to the extended runway centerline.
5, Horizontal Lone - Established at 150 feet above the airport elevation or at a height of 1,013.9 feet above mean
sea level,
7 conical Zone - Slopes twenty (20', feet outward for each foot upward 'beginning at the periphery of the
horizontal zone and at 150 feet above the airport elevation and extending to a height of 350 feet above the
airport elevation,
S, Excepted Height Limitations - Nothing in this Ordinance shall be construed as prohibiting the construction or
maintenance of any structure, or growth of any tree to a height up to 35 feet above the surface of the land,
6-8.07 USE RESTRICTIOI5
Notwithstanding any other provisions of this Ordinance, no use may be made of land or water within any zone.
established by this Ordinance in such a manner as to create electrical interference with navigational signals or
radio communication between the airport and aircraft, make it difficult for ,pilots to distinguish between airport
lights and others, result in glare in the eyes of pilots using the airport, impair visibility in the vicinity of
the airport, create bird strike hazards, or otherwise in any way endanger or interfere with the landing, takeoff,
or maneuvering of aircraft intending to use the airport,
6-8.08 IORCO#FORfIIG USES,
1. Regulations not Retroactive. The regulations prescribed herein shall not be construed to require the removal,
lowering, or other changes or alterations of any structure or tree not conforming to the regulation as of the
effective date of these regulations, or otherwise interfere with the continuance of any nonconforming use,
However, no pre-existing nonconforming structure, tree, or use shall be replaced, rebuilt, altered, allowed
to grow higher, or be replanted so as to constitute a greater airport hazard than it was when these regulations
were adopted. Nothing herein contained shall requite any change in the construction, alteration, or intended
use of any structure, the construction or alteration of which was begun prior to the effective date of these
regulations and resolution is completed within one year thereafter.
Z, larking and Lighting, Notwithstanding the preceding provision of this section, the owner of any nonconforming
structure or tree is hereby required to permit the installation, operation, and maintenance thereon of such
markers and light as shall be necessary to indicate to the operator of aircraft in the vicinity of the airport
the presence of such airport hazards. Such markers and lights shall be installed, operated and maintained at
the expense of The Eastern Iowa Airport Commission.
4
6-8.09 AIRPORT ZONIIG CONNISSIO1
An Airport Zoning Commission isball be provided as follows;
The Zoning Commission shall consist of 5 members, 2 of whom shall be appointed by the City Council of the
City of Fairfax and 2 of whom shall be selected by the City Council of Cedar Rapids, and one additional
member to act as Chairman who shall be selected by a majority vote of the members appointed by the City of
Fairfax and the City of Cedar Rapids, The terms of such members shall be as provided by Section 329.9 of
the Iowa Code of 1991. Such Airport Zoning Commission shall follow the procedures as provided in Sections
414.4 and 414.6 of the Iowa Code„ as required by Section 329.9 of the Iowa Code of 1991,
6-8.10 BOARD OF ADJUSTRIRT
A Board of Adjustment is hereby appointed as follows;
The Board shall consist of 5 members, 2 of whom shall be appointed by the City Council of the City of Fairfax
and 2 of whom shall be appointed by the City Council of the City of Cedar Rapids, and one additional member
to act as Chairman who shall be selected by a majority vote of the members appointed by the City of Fairfax
and the City of Cedar Rapids, The terms of such members shall be as provided in Section 329.12 of the Iowa
Code of 1997. Each such Board shall have the powers and duties, and shall follow the procedures, provided by
Sections 414,9 to 414,19 of the Iowa Code of 1997.
6-8.11 VARIANCES.
Any person desiring to erect or increase the height of any structure, or to permit the growth of any tree,,
or otherwise use his property in a manner which would constitute a violation of these regulations, may apply
to the Board of Adjustment having jurisdiction of the area where such violation would occur for a variance from
these regulations. Such variances shall be allowed where a literal application or enforcement of these
regulations would result in practical difficulty or unnecessary hardship, and the relief granted would not be
contrary to the public interest,, but would do substantial justice and be in accordance with the spirit of these
regulations and of Chapter 329 of the Iowa Code; provided, however, that any such variance may be allowed
subject to any reasonable conditions that the Board of Adjustment may deem necessary to effectuate the purposes
of Chapter 329 of the Iowa Code„ including but not limited to the following;
1. The reservation of the right of the City of Cedar Rapids, and The Eastern Iowa Airport Commission, at its
own expense, to install, operate, and maintain thereon such markers and lights as may be necessary to
indicate to operators of aircraft the presence of the airport hazard.
2. To require the person requesting the variance at his own expense, to install, operate, and maintain thereon
such markers and lights as may be necessary to indicate to operators of aircraft the presence of the
airport hazard.
Any appeal from the decision of the Board of Adjustment shall be in accordance with the provisions of
Section 414,15 et seq. of the Iowa Code,
6-8.12 FIRDIRG CONCIRRING PUBLIC UNREST.
The City Council of Cedar Rapids and City Council of Fairfax specifically find that an airport hazard, as
herein defined, within its territorial limits would endanger the lives and property of users of The Eastern.
Iowa Airport and all occupants of land, and other persons in the vicinity, and would also tend to destroy or,
impair the utility of the airport and the public investment therein; accordingly each municipality does hereby
declare;
1. That the creation or establishment of an airport hazard, as herein defined, within its territorial limits.
is a public nuisance and an injury to the community served by The Eastern Iowa Airport.
2. That it is necessary in the interest of the public health, safety, and general welfare that the creation
or establishment of airport hazards, as herein defined, be prevented.
3. That this should be accomplished to the extent legally possible by proper exercise of the police power,
4. That each municipality expressly declares that it shall not become liable for the expenditure of its public
funds unless such expenditure shall be approved in advance by its governing body.
6-8.13 ADNINISTRATIOR AND IRFORCIRRIRT.
The administration and enforcement of these zoning regulations shall be performed by The Eastern Iowa Airport
Commission acting through the Airport Director, or through such other persons or representatives as The Eastern.
Iowa Airport Commission may from !time to time by resolution direct, but as provided by Section 329.13 of the
S
Iowa Code such duties of enforcement and administration may not be delegated to any person who is a member of
any Board of Adjustment,
6-8.14 BQBITABG6 RENEBIES.
The City of Cedar Rapids and The Rastern Iowa Airport Commission may maintain actions in equity to restrain
and abate as nuisances the creation or establishment of airport hazards pertaining to The Eastern Iowa Airport.
in violation of these regulations for any area, whether within or without, the territorial limits of the City
of Cedar Rapids, as authorized by 'Section 329,5 of the Iowa Code.
6-8.15 CONFLICTING REGBLATIORS.
In the event of any conflict between these Airport Zoning Regulations and any other regulations applicable
to the same area, whether the conflict be with respect to the height of structures or trees, the use of land,
or any other matter, the more stringent limitation or requirements shall govern and prevail,
16-8.16 PROBIBITEB ACTS.
It shall be unlawful for any person to do any of the acts bereinafteir stated unless a variance from the
provisions of these regulations shall have been previously allowed by the Board of Adjustment.
1. No person shall erect or increase the height of any structure, or permit the growth of any tree, to a
height in excess of that provided by Section 396.06 of these regulations for the zone or area where such
act occurs,
2. No person shall hereafter place or cause to be placed, above ground,, transmission lines or poles or other
structures supporting the same within 200 feet of the outer boundary of the airport as said boundary is
shown on the Airport Zoning Map,
3. go person shall otherwise use his property within a zone established by these regulations in such a manner
as to create an airport hazard as defined herein,
The doing of any of the foregoing acts shall constitute a misdemeanor and the perpetrator thereof, upon
conviction, shall be punished as hereafter provided.
6-8.17 PENALTIES.
Each violation of these regulations shall constitute a misdemeanor and the perpetrator thereof, upon
conviction, shall be punished by a fine of not more than $100 or by imprisonment of not more than 30 days..
Each day a violation occurs or continues to exist shall constitute a separate offense.
Section 2. SEVERABILITY.
It is the intention of the City Council that each section, paragraph, sentence, clause, and
provision of this ordinances is separable and if any provision is held unconstitutional or invalid
for any reason, such decision shall not affect the remainder of this ordinance, nor any part
thereof than that affected by such decision.
Section 3.- That the afore described Chapter shall be included as part of the pages of the
Municipal Code, City of Fairfax, Iowa, and made a part of said Code as provided by law.
Section 4. EFFECTIVE DATE
This ordinance shall be in full force and effect from and after its passage, approval, and
publication as provided by law,.
6
Introduced this 9 /
_ •day of '� , A9'98.
c
Passed this day of J 1999.
t
Brian StalIman, Mayor
ATTEST:
Bett ttek, City Clerk
7
City of Fairfax,Iowa
Ordinance No. 21 2
AN ORDINANCE AMENDING THE CITY OF FAIRFAX,IOWA,ZONING ORDINANCE OF MAY 14,
1991,ORDINANCE NO. 166, AS AMENDED,ACCORDING TO SECTION 4144, 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 A PLANNED UNIT DEVELOPMENT(PUD)DISTRICT.
WHEREAS,the City of Fairfax Planning and Zoning Commission has considered the text amendment
proposed to it so as to provide for a Planned Unit Development(PUD)district in the City of Fairfax,Iowa,
Zoning Ordinance of May 14, 1991,as amended;and
WHEREAS,the Planning and Zoning Commission held a public hearing on November 25, 1997; and;
WHEREAS,the City Council of the City of Fairfax held a public hearing on LT1jj Pr , 1998.
NOW,THEREFORE,BE IT ENACTED BY THE CITY COUNCIL OF TIME CITY OF FAIRFAX,IOWA:
Section 1. A new section, 1.07.11,Planned Unit Development(PUD)District, is hereby added to the
City of Fairfax,Iowa,Zoning Ordinance of 1991,as amended:
1.07.11 PLANNED UNIT DEVELOPMENT(PUD)DISTRICT
A. Intent. To permit a developer of land an opportunity to creatively, economically, and
aesthetically develop property,based upon a comprehensive plan for its development,where such development
may not be possible under the conventional single-lot method provided by the conventional zoning districts
established in this zoning code. It is further intended to promote efficient use of land while providing a
harmonious relationship of streets and utilities,recreation and open space,and building coverage.
B. Permitted Uses. The following uses are permitted in the PUD District:
1. Determined by reference to the zoning of the district within which the PUD is to be
developed.
2. Uses permitted in other zoning districts which are also permitted in the zone in which
the development is.located,as follows.:
Zone in Which Development is Located Permitted Uses
AG Uses permitted in AG,44R-S
CN Uses permitted in CN
R-S Uses permitted in 9R-S,44R-S,2R-M
R M Uses permitted in 9R-S,44R-S,2-5R-M
M-H Uses permitted in M-H
C-I Uses permitted in C-1,9R-5,2-5R-M
C-2 Uses permitted in C-1,C-2,9R-S,2.5R-M
LI Ll
HI LI,HI
3. Where the development area contains two(2)or more different zoning districts,the
permitted uses shall be determined by the most restrictive classifications.
C. Accessory Uses, Uses of land or structures customarily incidental and subordinate to:
1. All uses and structures permitted under B(2)and B(3)of this section.
1
D. Special Exceptions..
1. All exceptions permitted pursuant to B(2)and B(3)of this section and subject to
provisions of Section 1.06.023(Ordinance No. 204,Adopted October 8, 1996).
E. Bulk Regulations, The following requirements shall provide for light and air around permitted
ruses in the PUD District:
toning symbol min.lot area min.lot width" min front yard* mim side yard• min.rear yard*'
All Districts 1 acre width requirements Yard requirements Yard requirements Yard requirements
as set forth for the as set forth for the as set forth for the as set forth for the
least restrictive use least restrictive use least restrictive use least restrictive use
allowed in the zone allowed in the zone allowed in the zone allowed in the zone
in which the in which the in which the in which the
development is development is development is development is
located shall be located shall be located shall be located shall be
generally applied to generally applied to generally applied to generally applied to
the development as the development as the development as the development as
though it were to be though it were to be though it were to be though it were to be
developed by the developed by the developed by the developed by the
customary single-lot customary single-lot customary single-lot customary single-lot
subdivision method. subdivision method, subdivision method. subdivision method,.
A minimum perimeter setback of 25 feet shall be required between any building within the development and
any adjoining property line. The Planning and Zoning Commission may determine that an additional setback is
required during the review process.
Maximum height requirements shall be as set forth for the least restrictive use allowed in the zone in which the
development is located shall be generally applied to the development as though it were to be developed by the
customary single-lot subdivision method.
F. Minimum Density.The average land area for each unit contained in the site shall not be less
than the minimum lot area per unit required for the least restrictive use allowed in the zone in which the
development is located under Section.B(2)above. The average land area for each unit shall be determined by
dividing the net development area by the minimum lot area per unit required as stated above. Net development
area shall be determined by subtracting the area set aside for private streets or public right-of-way from the total
development area. The area of land set aside for common land,open space,or recreation shall be included in net
development area for this purpose.
N the development area contains two(2)or more different'Zoning Classifications,the density
permitted shall be determined in direct proportion to the area of each Zoning Classification,contained in the
entire tract, except that single-or two-family dwellings may in no event have an average lot area of less than
7,200 square feet.
G. Minimum Open Space Requirements. A minimum of twenty-five percent(25%)of the total
development area shall be devoted to open space and landscaping. Such open space shall be maintained as
grassed and landscaped area for the purpose of recreation as well as visual and acoustical privacy for any
dwelling units included in the development area.Fences,walk ways,barriers,and landscaping shall be used, as
appropriate,for the protection and aesthetic enhancement of property and the privacy of its occupants,screening
of objectionable views or uses, and reduction of noise.
Parking areas,vehicle access facilities,structures, and buildings may not be considered in
calculating open space.
2
H. Off-street Parking. The following off-street parking requirements shall apply in the PUD
District:
1. Minimum parking spaces shall be provided as required for the least restrictive use
allowed in the zone in which the development is located.
I. Additional Requirements.The Planning and Zoning commission may determine that certain
additional yard,setback or height requirements shall be met within all or a portion of a site,depending upon
building height,topography,location in relation to other structures, and presence of natural or other physical
barriers.
J. Modification of Requirements. General requirements pertaining to density,open space,yard,
height,and parking may be modified in any PUD,provided that the spirit and intent of this Section is complied
with in the total development plan,as determined by the City Council after report by the Planning and Zoning
Commission. In the event any density„open space,yard, setback,height or parking requirements are modified,
the Planning and Zoning Commission shall prepare a written report to the City Council to substantiate its
findings that such modifications are in the public interest,in harmony with the purposes of this Chapter and
other building regulations of the City,and will not adversely affect nearby properties.
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 q✓1d day of , 1998;and
APPROVED this day-o 11998.
AYE:
NAY:
ABSTAIN:
ABSENT:
SIGNED:
Mayor, City of Fairfax.,Iowa
ATTEST:
Clerk, City F 'rfax,Iowa
I hereby certify that the foregoing was published as Ordinance No., )�Z on the 1L�j day of
1998,by publishing in a newspaper of general circulation as provided by law.
Clerk,City tTFddfax,Iowa
3
BILLS PAID
GENERAL
Alliant Utilities 930 . 26 Iowa 'State University 125.00
Philatelic Fulfillment 146 . 36 360 Communications 20.71
MPS, (Ron deductible) 28 . 30 FF State Savings 48.00
Fire Service Institute 50 . 00 Fed W/H & FICA 556.05
IPER' s 232 , 75 State 'W/H 170..60
Mary Pacha(Lib. clean) 152 . 00 Brian Stallman(Mayor ) 692'.62
CTS, Textile Leasing 24 . O0 Danko Emergency Equp. 701.66
Fauser Oil 156 . 28 Gazette 102.24
Graybill Electronics 65 . 00 Lifts Bus 370.00
St . Patrick' s Cemetery 200 . 00 Fairfax Cemetery Assoc . 200.00
Kids Discover(Lib. ) 19 . 95 Money Magazines(Lib) 187.95
Central States Airgas 43 . 00 Baker & Taylor , Inc. 418.26
Bluestem 580 . 30 Flags Over America 82.80
Linn Co. Firefighters 31 . 00 Linn Co. Treasurer 3 ,075.00
Lyndh,Dallas,Smith & Harman 1 , 598 . 82 Newport Flowers(FD) 31.50
Mercy St Lukes EMS Ed. 770 . 00 Payless Cashways 44.64
Port"O"Donny 62 . 92 Penworthy Co. 166.21
Sankot ' s Garage 3 . 30 South Slope Tel . 258.61
Staples 20 . 99 Steels'mith Sanitation 2 , 2351 . 60
Kings Material, Inc.. 10 . 20 Fireguard, Inc . 1,807.00
G&H Electric 918 . 86 Milihiser Smith Ins . 663.()0
Mid American 25 . 80 Cedar Valley Humane Soc . 88. 15
TSC Stores 29 . 99 Salaries 2, 316 .72
DEBT SERVICE
Cede & Co. 42,260 . 00
RUT
Alliant Utilities 1 , 491 . 24 Fed W'/H & FICA 226.48
IPER' S 84 . 29 State W/H 38.00
Crawford Quarry 44 . 22 Fauser Oil Co. 368.78
Hall & Hall Engr. 1,053 . 15 Linn Co. REC 3'3.60
L.L . Pelling Co. 259 . 10 Manatts(Cemet ) 308.70
Payless Cashways 12 . 60 South Slope Tel . 72.75
Salaries 662 . 76 Mid American 8'.50
WATER
Alliant Utilities 440 . 26 Fed W/H & FICA 192,23
IPER' S 63 - 14 State 'W/H 32.32
Hawkins Water Treatment 74 . 72 Iowa Rural Water 50.00
Sara Blong(Refund) 90 . 00 Petty Cash 3'9.34
Iowa One Call 20 . 50 Keystone Labs . 20 00
Iowa Rural Assoc. (Dues ) 150 . 00 Salaries 79'9..48
Mid American 12 . 26 Post Office (Bills ) 43.80
SEWER
Alliant Utilities 361 . 20 Fed W/H & FICA 401.58
IPER' S 136 .86 State W/H 691.38
Blue Cross 881 . 49 South Slope Tel . 154.00
Keystone Labs . 30 . 00 Salaries 47`0.00
RECEIPTS
General 49 , 573 . 02 RUT 3,831.00
Debt Service 7 , 438 . 77 Fire Dept . Donation 1,744.25
Fire Dept . Fireworks 515 . 00 Cap. Investments 259.61
Water Department 10 ,089 . 97 Sewer Dept. 4,027 .82