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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" k i c 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 MAO: lff#ce(Bit1s} IY r t(Iti#ttiea 3812 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?;'' is d ke h d 4L 1 v - ;b be ece Cv ;l1 c a)-r, ald se,e,- `mac be P�&6.eev b.e he-e)r bpd o pei,, GP;5 c laic pass; Ie d4S,,' cz),cy a5cc 5 -ko".* h c Lr v C��-�r• ev S— , I`e/:-v e c4ki 5-irr op 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