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HomeMy WebLinkAbout04/08/2003 Council Minutes AGENDA FAIRFAX CITY COUNCIL REGULAR MEETING TUESDAY,APRIL 8,2003 FAIRFAX CITY FIALL—7:00 P.M. TENTATIVE AGENDA: DISCUSSION WITH POSSIBLE ACTION ON THE FOLLOWING AGENDA ITEMS: A. Call to Order B. Approval of: I. Motion to approve Agenda and Clerk's Financial Report 2. Place March 11 and 17,2003 Council Meeting Minutes on file C. Business 1. 2002 Iron Filter Plant Change Order 1 a.Consider Resolution 2. Fairfax Heights streets and south detention basin 3. Vernon Cerveny—Arbor Team Purposals 4. Solid Waste Contract July 1,2003 to June 30,2006 S. Service Member Support Agenda a.Consider Resolution 6, Fire Department Fire Truck Fund a.Consider Resolution 7. Resolutions 01-06-12-7&02-06-11-2 a.Consider Resolution S. Adding yield required at the intersection of Park Street and Linn Street a.Consider Ordinance-motion placing on I"Reading 9. Adding no parking zones in Prairie View Estates a. Consider Ordinance—motion placing on I"Reading 10.. Adding stop required in Prairie View Estates a, Consider Ordinance—motion placing on I"Reading 11. Request audit for FY 2002/2003 12. Mayor's comments—future plans for commercial property 13. Consider approval of claims presented for payment D. Reports 1. Sheriff Department 2. Library 3. Fire Department 4, Maintenance Department E. Discussion 1. Opportunity for Citizens not on the Agenda F. Adjourn CITY OF FAIRFAX REGULAR COUNCIL MEETING TUESDAY,APRIL 8,2003 Mayor Voss called the meeting to order at 7:01 PM Council members present; Frieden, Scott&Ekstrom Absent: Beer &Wainwright Also present:Ron Dusil,Nancy Flickinger&Dick Ransom Motion Frieden 2"d Scott removal of agenda items 8 & 10 to update both sections of the code Aye 3 MC Motion Ekstrom 2"d'Scott approval of Agenda& Clerk's Financial Report Aye 3 MC Motion Scott 2"d Frieden approval Mar 11 & 17, 2003 Council Meeting Mins Aye 3 MC Linn Co Sheriff report was given Councilor Beer arrived 7:03 PM Councilor Wainwright arrived 7:04 PM Dick Ransom discussed change order 1 for filtration plant-extra valves&piping needed because of tank size change Motion Ekstrom 2"d Beer approve RESOLUTION 03-04-08-1 change order 1 2002 iron filter plant improvements Roll Call Vote Aye 5 MC Discussion on streets&south detention basin Fairfax Heights hall&Hall sending a letter to developer Vern Cerveny discussed the proposal from Dwight Hughes,trees on Bluff ST&Highland Ave,number of trees planted on City right-of-way per property&financing Motion-Frieden 2"4 Beer not to exceed$3,000.00 to cover remaining balance of proposal &purchase of additional trees Aye 5 MC Library report Vern mentioned The Red Cedar Chamber Music Group have been performing at Linn Co libraries They will be performing at the Fairfax Public Library on 6/8103 at 3:00 PM Councilor Wainwright led discussion on renewal of contract with Waste Management extension of yard waste collection through the second Tues of Nov Motion Beer 2"d Scott approval of 3 yr contract with Waste Management 7/1103 through 6130106 Aye 5 MC Discussion on Service Member Support Agenda Motion Wainwright 2"d Ekstrom approve RESOLUTION 03-04-08-2 Service Member Support Agenda Roll Call Vote Aye 5 MC Motion Ekstrom 2"d Beer approve RESOLUTION 03-04-08-3 F/Y funds of the fire dept Roll Call Vote Aye 5 MC Motion Frieden 2"d Scott approve RESOLUTION 03-04-08-4 in regards to 01-06-12-7&02-06-11-2 Roll Call Vote Aye 5 MC Motion Ekstrom 2"d Beer approve ORDINANCE 8 no parking zones PV Estates on its 1"reading &waive 2"d& 3�d readings Roll Call Vote Aye 5 MC Motion Scott 2"d Beer adopt ORDINANCE 8 Roll Call Vote Aye 5 MC Motion Frieden 2"4 Beer authorizing the State of IA to perform audit for F/Y 02/03 Aye 5 MC Mayor Voss discussed running water& sewer lines along 80`x`ST& lagoon situation Motion Wainwright 2"di Frieden approve claims presented for payment Aye 5 MC FD report Dave Yanecek discussed the controlled house burn on 3/22 & grass fires Maintenance report Ron discussed Dave attending schools,painting of filtration plant& city wide waste day Greg Fetter discussed construction of dug out Motion Wainwright 2"d Scott to adjourn meeting 7:54 PM Aye 5 MC Bill Voss,Mayor Mary Pacha,City Clerk 12:27 IPIM City of Fairfax 10/10/03 Balance Sheet Accrual (Basis As of March 31,2003 Mar 31, 03 ASSETS Current Assets C heck!ng/Savingis Certificates of Deposit General Fund 112,500.14 Sewer Fund'' 40,044.46 Total Certificates of Deposit 152,544.60 Checking Account Capital Projects $450,000 Bond 2,512,97 Hall & Hail Piroject 25„877.27 Water Main Reconstruction 5,759.50 Iron Filtration Plant 1113,922.31 Total Capital' Projects 148,072.05 General 747,519.35 Road Use Tax 26,777.27 Debt Service 90,199.96 Trust &Agency 119,555.08 Water -3,971.12 Sewer 33,491.05 Garbage 18,550.14 T1F 19,375.71 Total Checking!Account 1,199,569.49 Savings Expend Trust Arbor Team 2,856.86 FD Equipment Regular Savings 8„565.03 Camera Fund 280.62 Memorial Fund 3210.21 Total FD Equipment 12,055.86 FD Fireworks 5,487.04 Library Gifts & Bequests 19,630.89 Total Savings Expend Trust 40,030.65 Total Checking/Savings 1,392,144.74 Total Current Assets 1,392,144.74 TOTAL. ASSETS 1,392,144.74 Page 1 i 12:27 PM City of Fairfax 10/10103 Balance Sheet Accrual Basis As of March 31,2003 llllar 31, 03 LIABILITIES & EQUITY Equity Opening Bal Equity 907,034.39 Net Income 485,110.35 Total Equity 1,392,144.74 TOTAL LIABILITIES & EQUITY 1,392,144.74 Page 2 RESOLUTION 03° ®"/• 09 1 RESOLUTION APPROVING CHANGE ORDER 1 2002 IRON FILTER PLANT IMPROVEMENTS WHEREAS,the City Council of the City of Fairfax, Iowa has contracted for construction of an iron filter plant with Sevig Construction Company, Inc of Walford, Iowa; and., WHEREAS, the Project Engineer has recommended Change Order #1 for an increase of $876.50, to revise the price and quantity items in project bid; and, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAIRFAX, IOWA, to approve Change Order #1 for the 2002 Iron filter Plant improvements, which will result in an increase of$876.50„ which will make the total contract, cost$76,613.50 That the Mayor and City Clerk are hereby authorized and directed to execute the contract for and on behalf of the City and upon execution the contract shall be in full force and effect. Passed and approved this day of 140,61 � AYE t C Qy b�a d (2i o't NAY A/0 ABSENT /V Bill ''~doss, Mayor ATTEST: Mary ac , City Clerk CHANGE TO CONTRACT CHANGE ORDER NUMBER 1 2002 Iron Filter Plant at City well No. 3 City of Fairfax, Iowa April 2, 2003 OWNER: FAIRF'AX, IOWA CONTRACTOR: Sevig Construction Company,Inc. ENGINEER: HALL AND HALL ENGINEERS, CEDAR RAPIDS, IOWA BACKGROUND: ITEM#1: Due to revisions required by the Iowa Department of Natural Resources, piping changes were required which needed additional fittings supplied by the contractor. The piping changes were discussed with the contractor prior to the piping work so only payment for additional fittings were asked for by the contractor. Upon completion of the piping by the contractor, a list of the additional fittings were submitted by the contractor prior to the work and area attached to this Change Order Number 1. ADDITIONAL PRICE TO THE CONTRACT: ITEM DESCRIPTION ADDITIONAL UNIT EXTENDED QUANTITY COST COST 90 Deg. DIP MJ Bend 3 Each $75.00 $225.00 6 x 3 Ties 5 Each $89.50 $ 447.50 6"End Plate w/2"Top 2 Each $64.50 $ 129.00 Mega Lug Flanges 2 Each $37.501 75.00 $ 876.50 CONTRACT SUMMARY" DELETION OF COST TO CONTRACT 0.00 NET INCREASE TO CONTRACT: $ 876.50 Original Contract Amount. $ 75,737.00 Increase CO#1 $ 876.50 Revised Contract Amount $ 76,613.50 Sevig Construction Company,Inc. all &Hall Engineers, Inc. By Title: - Title: s' (25 1 Date:—T - °, Date: ZO0�1' City of Fairfax, Iowa By: --! Title: Date: pft i DWIGHT i NURSERY L 5205 NURSERY ROAD CEDAR RAPIDS, IOWA 52404 319-396-7038 FAX 396-9139 Ll Y of 19-FAX i F41RFAX HF-1GHr5 APPirloW [3 [Lit- VC sS t\. `rr-L j l T �7--F-j TR e Es v q�L Y }c 14' � h— — — ^ I 1 DWIGHT HUGHES NURSERY 5205 NURSERY ROAD CEDAR RAPIDS, IOWA 52404 319.396-7038 FAX 396.9139 ' City of Fairfax Bill Voss M 721-1451 Vern Cerveny H 846-2573 Fairfax Heights Addition 5 Red Sunset Maple 190.00 950.00 5 Legacy Sugar Maple 190.00 950.00 4 Skyline Locust 190.00 760.00 . 4 Horizon Elm 190.00 760.00 3 Patmore Ash 190.00 570.00 Norwegian Maple 190.00 570.00 1 Harvest Gold Crabapple 150.00 150.00 subtotal $4,710.00 tax $235.50 Design& Installation $1,875.00 Total $6,820.50 WASTE AND RECYCLING COLLECTION AGREEMENT THIS AGREEMENT is made and entered into this first day of July, 2003, by and between the City of Fairfax (the "City") and Waste Management of Iowa, Inc., (the "Contractor"). WHEREAS, the intent of this Agreement is to provide for the legal and safe collection.,, removal, and recovery/disposal of waste and recyclable materials from residences and City properties; and WHEREAS, the City rewires that the company hired pursuant to this contract shall have the ability to remove waste and recycable materials in compliance with local, state, and federal ordinances, laws, and regulations; and WHEREAS, in connection therewith, the City desires to contract with the Contractor far, certain collection,transportation,recycling, and disposal services; and WHEREAS, th�e�Contractor is willing to provide such services on the terms and conditions hereafter set forth. NOW, THEREFORE, in consideration of their mutual promises hereinafter set forth, the parties agree as follows: I. DEFINITIONS A. This Agreement and the Request for Proposal for Curbside Collection of Commningled. Recyclables, Solid Waste, Bulky Waste, and Yard Compostab�les issued by the City in March 2002, ("RFP") and the Contractor's Proposal submitted in response thereto ("Proposal"), incorporated herein by reference, shall comprise the Agreement by and between Contractor and time City. The Agreement contains the entire agreement of the parties and no amendment or, modification of the Agreement shall be valid or effective unless in writing and signed by the parties thereto. Provided, if there is a conflict between the provisions of this Agreement and the other documents comprising the Agreement, the provisions of this Agreement shall control. H. SCOPE OF WORK A. Contractor shall provide the services as described in the 'Scope of Services section of the EFP noting that Alternate Bid B was selected by the City. B. All such services will be provided in a good workman like manner consistent with that level of care and skill ordinarily exercised by members of the trade or profession currently practicing under similar conditions. C. Contractor shall provide collection service to all single-family houses, dwellings up to and including eight (S) separate units, City Hall, City Park, Fairfax Library, and the City 1 Maintenance Shop within the corporate limits of the City. The official stop count will be provided by the City and updated monthly. D. Contractor shall provide collection service for all materials once per week on a designated day. Residents will provide containers for garbage and recyclable material and place at the curb. Yard waste will be placed in rigid containers or kraft bags. E. Residents will participate in a volume based pricing program which allows one 34 gallon. container (maximum 40 pounds) of garbage and unlimited recyclable materials per week as well as unlimited yard waste each week from April through October, Each additional garbage container must have a tag affixed. The City will set the tag price as well as purchase and distribute the tags for sale to residents. F. Contractor shall maintain a staffed office during regular business hours (8 AM 5 PM Monday through Friday) for accepting calls from residents regarding the services provided under this agreement. C. All waste materials collected from the provision of these services will be deposited at a. Bluestein Solid Waste Agency, officially known as (Cedar Rapids/Linn County Solid Waste .Agency) facility. The Contractor shall pay all landfill fees for waste materials and maintain a. current"Landfill Use Agreement"(Attachment A)with the Bluestein Solid Waste Agency. H. Contractor shall collect and handle recyclable material as described in the RFP and in compliance with applicable local ordinances and name the facility(ies)where recyclable material is delivered.Name of processing plant(s); City Carton, Cedar Rapids Plant A summary of the amount of recyclable material delivered to a processing facility shall be provided to the City biannually on forms provided by the City (Attachment B). Scale tickets from the recycling processing facility will be provided to the City on request. III. WARRANTIES AND REPRESENTATIONS A. Contractor represents and warrants that it is in fall compliance with all applicable local, estate and federal laws, regulations and ordinances. B. Contractor represents and warrants that it has all licenses, permits, registrations, and/or any other governmental authorizations required to provide the services under the Agreement. C. Contractor represents and warrants that it has the personnel, equipment, and financial resources to fully and satisfactorily provide services under this Agreement. I . CONTRACTOR COMPENSATION For all services satisfactorily provided by the Contractor pursuant to the terms of the Agreement, the City shall pay the Contractor $7.80 per household per month for weekly curbside/alley collection of solid waste and commingled recyclables year round and weekly collection of yard. 2 compostables from the first Tuesday in April through the second Tuesday in November, There: will be no more than a 3% (three percent) increase per household for each fiscal year effective July 1, 2004 through June 30, 2006. The City further agrees to pay the Contractor $250.00 plus disposal, as described in Exhibit B of the Contractor's RFP response, for each community clean- up event organized by the City. The Contractor shall submit an invoice to the City on the last day of each month. The City will pay invoices within thirty(30) days of receipt,providing that all services have been satisfactorily performed. V. INSURANCE REQUIREMENTS & INDEMNIFICATION A. Contractor shall obtain and maintain at their sole expense the insurance described in the RF°P ("Proposal Submission Requirements"). The Contractor shall provide certificates of insurance to the City, Provision of such certificates shall be condition precedent to the City obligations hereunder and shall be a condition precedent to the Contractor's commencement of services hereunder. The terms of this provision shall apply to the Contractor throughout the term of this Agreement. The City and their respective officials, departments, employees and agents shall be named as additional insureds in such policies. Coverage may not be terminated or changed by the Contractor except upon thirty (30) days written notice to the City. The policy shall provide insurance to fully cover all operating exposures and any other liability related to operating and maintaining any collection, transport and disposal services. The policy shall not contain any exclusions that will restrict coverage on any operations performed by the Contractor and shall be in a standard form policy provided for by a carrier approved by the State of Iowa. The City's approval of the minimum insurance coverage provided for herein is not intended to and shall not in any way relieve, decrease or limit the liability of the Contractor. It is expressly understood that the City does not in any way represent that the above-specified minimum insurance limits are sufficient or adequate to protect the interest or potential liabilities of the Contractor, B. The Contractor shall assume all responsibility for obtaining any casualty or liability insurance not required to be obtained under the terms of this Agreement but which the Contractor, in its sole discretion, deems necessary to protect its own interests. C. Contractor agrees to and shall hold the City free and harmless, to indemnify and defend the City from all liability for any claim that may arise by reason of injuries to any employees of the Contractor or its agents who may be injured while performing work or labor in connection with the Contractor's provision of services pursuant to this Agreement. Such agreement to indemnify, defend and hold harmless shall extend to the City and their respective officials, departments, employees and agents. The Contractor shall provide the City with Certificates of Worker's Compensations Insurance including employer's liability. Provision of such evidence of coverage shall be a condition precedent to the City's obligations hereunder and shall be a condition precedent to the Contractor's commencement of services hereunder. 3 D. Contractor shall hold harmless, indemnify and defend the City and all of its respective officials, departments, employees and agents from and against any and all damages, costs, claims, liens, fines, suits and the costs and expenses of such (including, without limitation, attorney's fees, consultant's fees,defense and settlement costs)that may arise by reason of or out of any action or inaction by Contractor or its agents, employees or subcontractors, including, without limitation, claims under CERCLA or any other envirom- ental law. E. To the extent allowed by law, the City shall hold harmless and indemnify the Contractor from and against any and all damages, costs, claims, liens, fines;, suits and the costs and expenses of such (including, without limitation, attorney's fees, consultant's fees, defense and settlement costs) that may arise by reason of or out of the negligent action or inaction by the City or its employees. VI. TERM OF AGREEMENT The Agreement period will be from July 1, 2003, to June 30, 2006. The City may extend the Agreement for a three-year tern, if the City and Contractor agree upon the terms and conditions of such renewal. The City shall exercise its option by written notice delivered to the Contractor at least ninety(90) days prior to the commencement of the renewal term. VII. INSPECTION OF OPERATIONS AND/OR RECORDS The City shall have the right,but not the duty, to inspect any equipment, facility or service used by the Contractor in providing services pursuant to this Agreement and, likewise, the right to inspect and make and keep copies of all books and records maintained by the Contractor which relate to the services provided by the Contractor hereunder, at any reasonable time and upon reasonable notice. Such inspections shall be conducted in a manner so as to minimize disruption to the Contractor's business. The Contractor shall cooperate fully with the City during any inspection. VIII. TERMINATION OF AGREEMENT A. This Agreement shall terminate automatically as of midnight, June 30, 2006, unless renewed pursuant to Section V1 of this Agreement. 13, This Agreement shall terminate automatically as of the date the Contractor makes a general assignment for the benefit of its creditors or proceedings are commenced in a court of competent jurisdiction for the reorganization, liquidation or voluntary dissolution of the Contractor, or for its adjudication as bankrupt, or for the appointment of a receiver of the property of the Contractor. Upon any termination under this provision, this Agreement shall not be or become an asset of the Contractor in the hands of any trustee or receiver. C. Either party shall have the right to terminate this Agreement at anytime for cause. Cause is defined as any breach by the other party of any provisions of the Agreement, including the warranties and representations, or the insolvency of the Contractor or reason set forth in paragraph VITL(H). The terminating party shall exercise its right to to ninate by written notice to 4 the other party of its intent to terminate the Agreement. Such notice shall set forth the reason or reasons for such termination. The party receiving the notice shall have thirty(30) days following, the receipt of such notification to remedy the cause for termination set forth in such notice and if such party shall fail within said thirty (30) days, to remedy such cause, this contract shall terminate. O. Upon termination of this Agreement under the provisions of this section or otherwise, the City shall have no further obligations to the Contractor (except payment for services satisfactorily performed as of date of the written notice of termination and expenses incurred with prior written consent of the City), provided, however, that termination shall not abrogate impair, release or extinguish any debt, duty, obligation or liability of the Contractor to the City hereunder which may have accrued prior to or arising before such termination, including,but not limited to, any such debt, duty, obligation or liability which was the cause of termination or which may arise out of such cause, and the City shall have the right to withhold any payment or partial payment then due or to become due to the Contractor hereunder for application against any such debt, duty, obligation, or liability. The duty of the Contractor to indemnify, hold harmless and defend shall survive the termination of the Agreement., E. No right or remedy conferred upon the City under the terms of this Agreement, including, but not limited to, the right to termination, shall be exclusive of any other right conferred upon the City under the terms of this Agreement or by law or equity. All such rights are cumulative and no single exercise of any such right or remedy shall preclude the exercise of any other such right or remedy with respect to the same or any other breach by the Contractor. F. In the event of any termination of the Agreement, the City shall have the right to forthwith take possession of copies of all records prepared by or used by the Contractor in the performance of the Agreement through the date of termination and the Contractor shall have the duty to provide same to the City.. G. The City shall have the right to terminate this Agreement if there is an individual or aggregate transfer of interest in ownership of the Contractor at any time or over time greater than forty-five (45) percent. The Contractor shall notify the City of any change in ownership of the Contractor or transfer of any equity interest in the Contractor' within ten (10) days of such change. Failure to do so constitutes a breach of this Agreement. IX MISCELLANEOUS A. Illegal Provisions. If any provisions of the Agreement shall be declared illegal, void or unenforceable, the other provisions shall not be affected but shall remain in full force and effect. B. Relationship of Parties. Nothing in this Agreement is intended, nor should it be interpreted or construed, as in any way to establish a partnership between the parties hereto or as constituting the Contractor as the agent, representative or employee of the City or vice versa, for any purpose whatsoever. The Contractor is, and shall remain during the term of this Agreement, 5 an independent Contractor with respect to the performance of the obligations hereunder and in its relationship to the City. C. Nonwaiver. No failure, forbearance, neglect or delay by either party to enforce this Agreement or any provision of this Agreement or to exercise any of such party's rights hereunder shall effect or limit such party's right to strictly enforce the same, or constitute or be interpreted as a waiver of any right to enforce this agreement or any provision thereof in the future. D. Resolution of Dispute.. Any controversy, claim or dispute between the parties, directly or indirectly, concerning this Agreement or the breach hereof or the subject matter hereof which cannot be resolved informally shall be adjudicated or formally settled in Linn County, Iowa. E. No Guarantee. Nothing in this Agreement is intended and shall not in any event be interpreted or construed as any promise or guaranty to the Contractor of any particular quantity of solid waste, recyclable material, or yard waste. Contractor enters into this Agreement in sole reliance on its own skill, knowledge, judgment and investigation concerning all matters that a reasonable and prudent businessperson would investigate before entering into an agreement such as this. F. Headings. Headings in this Agreement are for the safe of convenience and organization and shall not be accorded substantive meaning in the construction and interpretation of this Agreement. O. Governing Law. This Agreement shall be interpreted,construed and enforced in accordance with the laws of the State of Iowa. H. Notice. Contractor shall designate in writing one individual as a primary contact for all matters relating to this contract and shall update such designation as necessary. Except as otherwise herein provided, all notices required or permitted to be served by either party or the other shall be in writing and shall be deemed given when hand delivered or when mailed by certified mail to the principal office of the party to which notice is given, as follows: If to Contractor: Name Dennis Heggen Address: 2401 Scott Blvd SE Iowa City, Iowa 52240 Phone: 800- 542-8392 Fax: 319-887-1608 If to City: Name: Mary Pacha Address: 525 Vanderbilt Street PO Box 337 Fairfax, Iowa 52228 Phone: 319-846-2204 Fax: 319-846-3480 6 I. Nondiscrimination. The Contractor agrees that during the term of this Agreement, the Contractor will not, within the State of Iowa or elsewhere, discriminate against any employee or, applicant for employment because of race, color, creed, national origin, ancestry, sex, disability, religion, age (18 or older), or marital status and will include a similar provision in all subcontracts entered into in connection with the performance of the Contractor's obligations hereunder. Y. Assignment. The Contractor shall not assign this Agreement or any part of it to any other party without the express written consent of the City. Nor shall the Contractor pledge, hypothecate or otherwise create any interest,whether for security or otherwise, in any other party to the payments due Contractor under the terms of this Agreement. K. Severability. All parts and provisions of this Agreement are severable. If any part or, provision shall be held invalid,the remainder of this Agreement shall remain in effect. IN WITNESS WHERIKOF, the parties have executed this Agreement on the date first. set forth above. CITY: CONTRACTOR: By _ �� By William Voss,Mayor urns Hill,Division Vice Presendent City of Fairfax Waste Management of Iowa 7 REISOLUTION 0 3 •6V-0 SERVICE MEMBER SUPPORT AGENDA WHEREAS,more than 2,000 Iowans in the Iowa National Guard,the Reserve and on active duty have been called to duty in Iraq and for Homeland Security; and, WHEREAS,these Iowans are disrupting their lives and families to serve their country; and, WHEREAS, the "Service Members Support Agenda" is a collection of common sense suggestions developed in consultation with Iowa service members that the state of Iowa can do to help case the stresses they and their families face. These are no-cost and low-cost steps that include delayed filing of taxes, tuition rebates for students forced to leave classes for the military, allowing service members to deduct military expenses,and the elimination of state taxes on death benefits; and, WHEREAS, in a month the Iowa Legislature is scheduled to finish its session and none of these messages have passed the Legislature; and, BE IT THEREFORE ENACTED, that the City of Fairfax urge the Iowa Legislature make supporting Iowans called to duty a top priority and consider these measures on the floor of the Iowa House and Senate as soon as possible and take action before the end of the session. Passed and approved this day of r AYE lJ s-a C t't 0 NAY �QAJC_ ABSENT V(� Bill Voss,Mayor ATTEST: x Mac ac ity Clerk March 25, 2003 ]Gear Iowa City Councils and Boards of Supervisors I'm writing to ask for your help in supporting the Iowans called to duty during the war on terrorism and the war in Iraq. My name is Steve Warnstadt and I'm a State Senator from Sioux City. My senate district has the second largest concentration of Guard and Reserve members in the state. I am also a Gulf War veteran. I'm sure you are aware of some of the stresses Iowa families experience when a loved one is called to serve. After all,they are your constituents and often your employees. Working with other legislators in Iowa and elsewhere, I have developed a ten-point ""Service Member Support Agenda." These commonsense measures include delayed filing of taxes,helping Iowans called to service deal with leases,tuition rebates for students forced to leave classes for the military, allowing service members to deduct military expenses, and the elimination of state taxes on death benefits. Please consider passing a resolution supporting this agenda at your next city council or Board of Supervisors meeting. These low- cost and no- cost measures would make a real difference for Iowa families in difficult times. You can find the details at www.iowasenatedemocrats.org. If we can get a vote on these measures, I am confident that they will pass. Time is running out because the legislative session is scheduled to end in a month. If you decide to pass a resolution,please send me a copy. I will use your support to convince the Legislature's leadership to bring these bills to the floor. Sincerely, Senator Steve Warnstadt steve.wamstadt@legis.,�state.ia.us Senate: (515) 281-3371 Home: (712) 258-3705 Service Member Support Agenda Senator Steve Warnstadt, 515-281-3371 steve.warnstadt e le is.state,ia.us (Updated: March 25, 2003) 0 day lease termination if activated A service member who signs a lease and then receives reassignment or deployment orders for a duty of 90 days or more can terminate the lease by written notice. (Senate File 323 amended to Senate File 359' Death gratuity exemption Beneficiaries of a service member killed in action receive a$6„000 death gratuity,the first $3,000 tax free.This would exempt total amount from state taxes,This was agreed to at federal level last year but not implemented. (Senate File 246)(Ways and Means) Dlelayed filing of taxes Present law allows those deployed to combat zone an180-day extension on filing their state taxes. This will would extend that delay to those activated for homeland security who may be deployed to non-combat zone. (Senate File 264)(Ways and Means) Deduction of all military expenses Servicemembers are currently eligible to take military expenses as deduction if the total is over 2%of their gross income.This bill would allow service members to deduct all of their military expenses. (Senate File 284) (Ways and Means) Iowa Military Relief Fund This state tax check off would field emergency financial grants to the families of Iowa reservists and members of the Guard. (To be filed) Counseling The state would provide three counseling sessions or a$150 voucher for the families of servicemembers who are activated. (Senate File 294) (Stopped in Human Resources Committee by legislative funnel,may be added as amendment.) Exempt military student loan repayment from taxes The military services sometimes send a servicemember to college and/or provide student loan repayment. This idea would exempt the loan repayment from state taxes. (Senate File 264) Fully fund National Guard Education Assistance Program A projected shortfall may mean hundreds of Iowa National Guard members may not receive promised educational benefits. (To be offered as amendment to education budget.) No waiting period to regain insurance coverage College students on family health insurance plans who are activated are usually dropped from their family's insurance coverage, as they are under military plan.When they come off active duty,their military insurance ends and they are sometimes ineligible or have delays in getting back on the family plan. (Senate File 320)(Stopped in Commerce Committee by legislative funnel,may be added as arnendinent.) Total reimbursement of college tuition if activated Would allow for 100%tuition reimbursement of college tuition for classes interrupted when a student is activated. (To be offered as amendment to education budget.) RESOLUTION FISCAL YEAR END REMAINING FUNDS OF THE FAIRFAX FIRE DEPARTMENT WHEREAS,Resolution 02-04-09-1 designating the remaining budget balances at the end of any fiscal year that remain in the account of the Fire Department will be returned to the General Fund of the City of Fairfax;and, WHEREAS, discussion during the council meeting held on March 11, 2003 pertaining to the purchase of two (2) new trucks, council discussed depositing any remaining funds within a fiscal year in the Fire Department general fund account be deposited to a new savings account for the City of Fairfax Fire Department Truck Fund for the purchase of a new truck (s) or payment of any truck notes, including principal and interest,incurred for the purchase of a new truck(s);and, NOW, THEREFORE, RE IT RESOLVED, by the City Council of the City of Fairfax, Iowa, that the Mayor and City Clerk are hereby authorized and directed to execute said Resolution, Passed and approved this_PLL day of 9 S AYE NAY ABSENT ()O ik)C Bill Voss,Mayor ATTEST: Mar ac ,City Clerk RESOLUTION A RESOLUTION IN REGARDS TO 01-06-12-7&02-06-11-2 PAYROLL RESOLUTIONS WHEREAS, an oversight was discovered after the passage of both resolutions in regards to compensation of overtime hours for the City Cleric;and, WHEREAS, the hours worked from October 5, 2001 through January 2, 2003 were paid at the regular hourly wage not formally approved by the Council;and, WHEREAS, an amended Payroll Resolution 03-01-14-2 was approved and has amended language for compensatory time off at the rate of one and one half(1 %)hours pay for each hour worked in excess of forty(40)hours in a calendar week; and, NOW THEREFORE BE IT RESOLVED,by the City Council of the City of Fairfax, Iowa that said resolution is hereby acknowledged and approved, and the Mayor and the City Clerk are hereby authorized and directed to execute said Resolution. Passed and approved this day of 2003. AYE Q �IQ �f'..0 �t (�►�� NAY ABSENT Bi I Voss,Mayor ATTEST: Aut, Mar Pac ,Ci y Clerk ORDINANCE NO. J _ AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF FAIRFAX,IOWA,2002,BY AMENDING PROVISIONS PERTAINING TO NO PARKING ZONES Be It Enacted by the City Council of the City of Fairfax,Iowa: SECTION 1. SUBSECTION MODIFIE,D. Section 69.08 of the Crude of Ordinances of the City of Fairfax,Iowa,2002,is hereby amended by adding the following: 24.Coneflower Drive,on the south side, from Prairie View Drive 25. Prairie View Drive, on the west side, from Coneflower Drive to four (4) way intersection Prairie View Circle and Sunset Drive 26,Prairie View Circle from 465 to 361 27,West Prairie Drive fiom433 to 401 28.Prairie View Drive,on the south side,from 444 to 402 29.Wildflower Drive,on the south side,from 438 to 402 30.Wildflower Circle,on either side of the street and along the cul-de-sac 31. Sunset Drive,from 439 to 350 32, Sunset Drive,from 474 to 452 SECTION 2. SEVERABILITY CLAUSE. If any section, provision or part of this ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section,provision or part thereof not adjudged invalid or unconstitutional. SECTION 3. WHEN EFFECTIVE. This ordinance shall be in effect from and after its final passage, approval and publication as provided by law. I"ItRoduced this day of A 0(j Z003_, and approved this Cii4` day of Bill Voss,Mayor ATTEST: Mary P�ac , ity Clerk t certify that the fore ping was pasted as Ordinance No. on thee,clay of ��I' Mary ac ,Ci y Glerk u 6 REPAIR 21 WILLIAMS BOULEVARD•FAIRFAX,IA•52228 C®1.L S 1®111 PHOIINE 319•846•3434 FAX 319•846•3436 CENTER U.S.HIGHWAY 151 April 8, 2003 City of Fairfax Fairfax, IA 52228 Attention Mayor"Foss, Council Members: Beer, Freden, Scott, Ekstrom, Wainwright Regarding Possible Sewer-Water Hook-Up Dear Folks; Shortly after we opened.Waln Repair & Collision Center we purchased the two adjoining lots of Karat's 1 st Addition to Fairfax 3 & 4. We did this in order to' protect our original investment, lot 2 and to help protect the entrance into Fairfax from the east. In order to keep debt under control we immediately sold lot 4 to an entity that we knew would also strive to protect the area. Lot 4 currently has a sale pending on it that would bring a top quality, prosperous business to town. They will propose the construction of a large office and shop that will include proper planning and will not intrude on the existing residential areas. In order to proceed with development of both lots 3 and 4, city sewer services are imperative. Given a few of the current economic conditions such as low interest and a need to create jobs in the area, as well as the need to keep revenues in our community, we would all like to move forward on these projects as soon as possible', with hopes of construction commencing in Spring 2004. We respectively ask you to direct us on how to proceed in bringing city sewer and possibly water service to these lots? We look forward to your response.. Sincerely, Steve or Teresa Waln Waln Repair& Collision Center EXPENDITURES FOR MAR 20031APRIIL 2093 PG.2 Wall& Hall Engineers CP-RUT-Sewerlengineering 2668.66 GEC Fire Department 3.38 � Ellain details on page 3 1790.54 Dan Happe Fire Department 145.60 Salaries 7101.79 MAR 2993 RECEIPTS G. eneral 28058.94 RiDT 7779.01 Debt Service 463768.14 Trust&Agency 480.00 'dater 4588.61 Sewer 7468.67 Garbage 3767.22 TIIF 8376.60 Fire Department Savings 1844.40 Library Savings 1051.94 Arbor Team Savings 1554.13 Fireworks Savings 15.38 Certificates of Deposit f F Elan Card Activity March 11. 2003 through April 7,2003 f Date Transaction Name Memo Amount 3/17103 DEBIT FASTENAL COMPANY LACED 319363394 CP/filtration plant 88.68 3120/03 DEBIT MENARDS CEDAR RAPIDS S CEDAR RAP Trans/tools 21.85 3121103 DEBIT MENARDS CEDAR RAPIDS S CEDAR RAP CPtfiltration plant 150.48 411/03 DEBIT MENARDS CEDAR RAPIDS S CEDAR RAP CP/filtration plant 49.44 4/2/03 DEBIT MENARDS CEDAR RAPIDS S CEDAR RAP Water/Ipumphouse supplies 30.11 4/°2103 DEBIT THEISEN'S CEDAR RAPIDS CEDAR RAP Water/'Ipumphouse supplies 10.47 413103 DEBIT MENARDS CEDAR RAPIDS S CEDAR RAP Water/pumphouse supplies 18.74 3112103 DEBIT OFFICE EXPRESS CEDAR RAP P&A/paper 59.80 31112103 DEBIT OFFICE EXPRESS CEDAR RAP P&A/paper 79.90 3/13103 DEBIT USPS 1824180228 FAIRFAX P&A/postage newsletter 102,27 3/18103 DEBIT LISPS 1824160228 FAIRFAX Water/certified letters 8.10 3/18103 DEBIT OFFICE EXPRESS CEDAR RAP P&A/paper 39.95 3/19/03 DEBIT USPS 1824160!228 FAIRFAX P&A/stamps 4.00 3/20103 DEBIT LISPS 1824160!228 FAIRFAX Water/certified letter 4.05 3/2'0103 DEBIT USPS 1824160228 FAIRFAX Water/Keystone Labs 3.85 3/28/03 DEBIT LISPS 1824160!228 FAIRFAX Water/Keystone Labs 3.85 3/26103 DEBIT USPS 1824160,228 FAIRFAX Library/postage 1.75 3/24/03 DEBIT FEDEX SHP 03124103 AB#837-71659 P&A/legal documents on note 14,42 4/2103 DEBIT LISPS 1824180228 FAIRFAX Water/postage utility bills 101.89 412/03 DEBIT USPS 1824160228 FAIRFAX Library/postage&stamps 44,70 414103 DEBIT USPS 1824160228 FAIRFAX Library/postage 4.70 414/03 DEBIT DAVIS INSTRUMENTS Fire Department/weather station 775.00 40103 DEBIT USPS 1824180228 FAIRFAX Library/postage 1.75 3111103 DEBIT MENARDS CEDAR RAPIDS S CEDAR RAP City Hall&Filtration Plant 9.29 3111103 DEBIT MENARDS 3105 CEDAR RAP CP/filtratiion plant 13.97 3/14103 DEBIT MENARDS CEDAR RAPIDS S CEDAR RAP CP/filtiratlon plant 19.99 31115/03 DEBIT MENARDS CEDAR RAPIDS S CEDAR RAP Fire Department 11.49' 3124/03 DEBIT SCHIMBERG CD CEDAR RAP CP/filtiration plant 46.91' 3126103 DEBIT MENARDS CEDAR RAPIDS S CEDAR RAP CP/111traflon plant 20.99 414103 DEBIT KLINGER PAINT CO CEDAR RAP CPffiltratlon plant 48.15 Total Claims Presented 1790.54 I STATE OF IOWA County of Linn SS. CITY-OF:FAIRFAX TUESDAY,AP.RIG 8r 2003 .i Mayor Voss cailetl the meeting to order at 7:01 PM Courxii members present Friedeh,Seo.tt Ekstrom Absent Beer&.Wainwrt4t?t Also 1 ,doe Hladky, being duly sworn on oath do state that 1 am vresenf�IRON Dus9I, Nancy Flickinger.S Dick r a Ransom MPtgon f=r€eden 2nd. Scoff removal:.of. ag endaiterns8&10taupdatebothsktionsof: the publisher of THE GAZETTE, a daily newspaper of the Cade AYe 3 M Moffon Ekstrom 2nd Scott apprortaiptAgenda&Cler0;Financial:Report: eneral circulation in Linn County„ Iowa. The notice, a Aye 3 C 2n M Motidnr$ tt d';Frieden approval Mar 11&67,2eriffre cit Maeting MinsAyer printed copy of which is attached was inserted and MC L€rIC7 Co 5fserstf reporf.vias given Eourrcitor e� iweT;�e r P :ck Raj)�amd� used published in THE GAZETTE newspaper in the issue(s) of change ardar t for Ifltralion:pta it=extra"tyasr &pip➢ti4 naasad because of tank size`chansr<: Motion.Ekstrom tad Bear approve RE50LU TION 03 04-08-1 changa.orddr 12007.fron flter`: plont irribrov&6m ifs Roll Call Vote Aye.S MC DEseussion on sheets&south detenttort basin April 15 —2.0-03 . Falrfax=He1411ts Hafl&Hal€sending a tatter to, developer Vern Cervany dls6U sed the priori» al from Dwight Hughes, trees an Bluff ST& The' !reasonable fee for publishing said notice is $ 58.89 HighPand 7s4e,Ournber,of 1rez Pfantad=ort City right-a7f-waV 0&:0faPerfy$tisraacirrg blkotian' Friesen 2ns Baer:not tO exceed$3,00000 to. Cover reM,ainino batanCe bf.Proplt5a[&pur- chase of amtd6tl6ne0rees Ave 5 MC-Library report am mint oa6d The Red Ce[€ar Cham JJ .,-.. ber Music Grmv have baan Petfurrtting at' � Linn Cs➢9 tdrar€es-TtEev will;be perfor rY➢rtg.at: the Falrfaz puf3kic LibrarYon 6l8f03!af 3:00: P.iA Cou"c9lar bdainwrlgh# :led d➢scus3ion on: rene sl aR ty�btratt with Waste Manasemthe Signed and sworn to before me on April 15 20 03 ezfens➢on aI Yand.waste Collection through the: seCand Tues of:Nov Motion Beer xnil Scott'. by Joe Hladky. approval Of 3'Yr r ontratt w[1h Waste Manage meat VIM3 through 6t:31VO6 Aye 5 MC QN Cussoft:ofl Service Member'.Support:Agenda' Motion `tlwainwripht 266.Ekstrom.:opprove. RESOLUTION ia344-08-2'5ery€ce"Member:. Support Agandas€toll Call;Vatte AYe'S<MC Ma-: flanEkiro 2nd.EgerapproveRESOL:LtT€ON:' , 03-04-00 3 FTY fd6ts of thef➢re dep'.t Roft Call!'. vote Aye 5 MC.MOt➢on Friedeit 2nd Scott ap-% Pe6Va RESDLUTI()NO3-04-08-4 in regards f4: Not Public in ai for the State of Iowa 01-06-}2-7'3,02-06-1t-2 Ro1I Call Vote Aye 5.11 MC h.atIIoin Ekstrom Ind Beer approve ORDI-:. NANO 8 rp parking Zone§PV Estaier on its lit reading&viaive 2nd 8 3rd madings R611 Call Vane Awe 5 W Motion Scotl 2rrii Beer adapt0i�'OMI71ANCE&9611'C64 Vote AYe 5 MC Motion Firladetf 2nd.Beer authorWkng the.State. of➢A to pertorm audit far F dY 02!03 Ave 5 MC. Mayor b i ttdiscussedrunningWaterIsewer..ent for above from r 20 ` lines 1(6n4 80th S &:lagoon.situatlonM .. otion.':. W61nwcl4hf 26d Frieden approve claims Pre tented 66e Mymi.Mt Aye 5:MC FD report.Yanace dsscussed the canfralled hawse burn' GAZETTE COMMUNICATIONS, INC. on 3!22,:&grass tines Mairtt.eeance read,!Ron. d4scuos6d Dave aal tendmg.schools,;.pai.n..ting.of fflTraf➢dn plant&.City wide:waste day Greg`: Petfer`discussed:eonstruclion of dug auE Mo- tton:WainwrlW::2nd Scott to ad€ourn.moefirl3`.'; 7;54 PM Ate 5 MC Bill Voss, Mayor Mary.: Pacha,CiitM C➢erl exPENfiDITURES POP MARYAPRIL1003 Fa➢rtax'State Sae➢h4s Bank 64052.36 Spear Financia€ 5305,95 Dovte Construct€dn K49.. By MidAmoricara Erierdy 1206.17' Merta Concrete 74:34`.'. Linn Ca e Shernff 3458.00 Balterts Irndluded sa.aa 6STC f: 24.05: HawkeyeFire&SafeN T91;00 Cedar RapYds C&F 442.96. Atk'nmLummLaer 71,20 Econo'Fbdds i 39.92') Hurrgrw:kobo 114.40 Nouhaus,toc. .18T. BaFcer$eTavlor 424.44 Waste'.i'413.rl alaf€A::CitY 3069.Do. The WaterworNcs? 415 Hach 172.60:: F;dvanced ipdater TechnolosY: ::.608.29`; Keystone Labs. IA De#t of Pubtic Health 50.tl0:. city Treasresrer 6574.80 Saft Conrstru'ctit)0 135.00 a i CTS Tex#ille Leasing 36.95 C Tarnflrtson CaCnor 668.00 � � Midwest Glazing`i 116 87 ii 5hefloa�;TaCbp�Otops 143.66; 9a, DemCa 25.78 World Book En&& edla <! 34.40: Carol N€tas 122.25:: CathyBavne <'T3Q29"' MarY'Pacha 33.84' NancvFl€ckiinger.' 54.36:: Gralttcif4 Ellettp-ori➢cs `: 38.35 < Gazetf'e. _ 69:28 4 area,'surer,sTe9��+�Trra ! 1769.00' f arewaY 112,42 Fa�lserEnerSVResaTUires, 243.10 Sar4kai's Garage 370;p5 EOCOG 1441.57'. tNeklr[rark 771:65 IPEiz5 857.54: r�o..hSbodTelwhoiree 426:07:. Allia[h 11171:35 {.inTt.Ca1'.EC i 5AR7- 1VtlllhTSer Smittl:' <29154:90' Sfaples Credi€:Plan 255.09' Lino Ca Pite[rs1an 1FIO.gd, Hafl:&Hall Engideers 266&66!: CEC 3,39 Ela s' 1740,54': f3anppe Salaries 7101.79' AA A EL 2003 l•6i E G E 8 oP"I5 General' 811059.9a. RUT:. 7774.01: fJe6t 5¢rvlce 46376 814: Trust&Aonr✓ 48©.09 Wat'8r l' 45fl$.61'i 5e Hier 7469.67. Garhtne 3767.22 TIF 11376.60 F1re BeparfinenT 5aroilTrgs 1944.40 L'e13t�CV5a�ainss: 1053.44 Arhor Team SavI kgs 1554,13:: FirewdeRs Sivi,ft'5