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Home My WebLink About10/29/2003 Council Minutes AGENDA FAIRFAX CITY COUNCIL SPECIAL MEETING WEDNESDAY,OCTOBER 29,2003 FAIRFAX CITY HALL —6:00 PM TENTATIVE AGENDA: DISCUSSION WITH POSSIBLE ACTION ON THE FOLLOWING AGENDA ITEMS: A. Call to Order B. Business 1. Discussion on the Conditions of Union Pacific Railroad Interchange Yard(Spur Line) a. Continuance of Public Hearing from October 14,2003 Council Meeting b. Consider action 2 8011'Street Sanitary Sewer and Water Main]Extension Project a. Consider resolution to award contract 3. Leaf pickup 4. Mayor comments C. Adjourn CITY OF FAIRFAX SPECIAL COUNCIL MEETING WEDNESDAY,OCTOBER 29,2003 Mayor Voss called the meeting to order at 6:02 PM Council members present Beer, Scott, Ekstrom & Wainwright. Absent Frieden. Also present Dick. Ransom & Randy Scholer- City Attorney & Citizens of the City of Fairfax & Linn County. There was no representation from Union Pacific Railroad. Motion Beer 2'"d Scott to approve agenda Aye 4 MC. The representatives of Union Pacific are continuing to work on the conditions. Union Pacific will have communication at the next scheduled council meeting on Tues. Nov. 11, 2003. A recommendation was made by Randy Scholer to continue to work on the conditions currently at hand. Motion Beer 2"u Scott to open the Public Hearing on the rezoning application of Union Pacific Railroad Aye 4 MC. Mayor Voss declared the Public Hearing open at 6:07 PM. Each condition was read & addressed (1) The language of this condition is ok. (2) Councilor Beer would ask Linn Co. for more enforcement. Randy mentioned that the City would be entering into a binding agreement. Linn Co. Conditional Use Permit is contingent based on the decision of the City of Fairfax. (3) Councilor Wainwright discussed concerns of cleanup (how often), spillage (how large) &weed control(maintenance). Randy stated this part of the agreement would be worked out after the conditions have been agreed upon. (4) Discussion from landowners living near Old Bridge Road; being blocked in (for long periods of time) with no way to leave their property. (5&6) Discussion on sound buffer would be worked out after the conditions have been agreed upon. (7) The language of this condition is ok with Fire Chief Sankot. (8) Union Pacific Railroad can not charge the City of Fairfax for installation of sewer lines on railroad property. (9) The language of this condition is ok. (10) Councilor Ekstrom mentioned of taking pictures of city streets before construction commences. (11) Discussion on the right to inspect railroad property within the city limits. The railroad will need to provide a contact person with a cell number or a dispatcher that works for the railroad. Councilor Wainwright mentioned there is no timeline addressed for response from the railroad. Discussion of language of condition followed. (12) This condition is contingent on what the City of Fairfax agrees to. (13) The railroad will need to provide a No Rise Certificate for Prairie Creek. There needs to be a suitable plan & agreement in place stating that the construction of the spur line will not increase floodwaters. (14) The language of this condition is ok. Councilor Wainwright addressed amending the conditions that were revised by Randy Scholer to include an additional condition (number 15) for Union Pacific to pay any litigation expenses that would incur upon violation of any agreed conditions. Discussion of stub track. Motion Ekstrom 2"d Beer to adjourn the Public Hearing to Tues. Nov. 11, 2003 at 7:00 PM Aye 4 MC. Discussion in regards to Veteran's Day on Nov. 11 & moving the council meeting to Wed. Nov. 12, 2003. Motion Beer 2nd Scott to amend the last motion to adjourn the Public Hearing to Wed. Nov. 12, 2003 at 7:00 PM Aye 4 MC. Discussion of distribution of partial fiunds from $465,000 Note to 80th Street Sanitary Sewer & Water Main Extension Project. Motion Wainwright 2 d Beer to defer award of contract to next scheduled city council meeting which is scheduled for Wed. Nov. 12, 2003 at 7:00 PM. Discussion on future annexation. Motion Wainwright 2,d Ekstrom to adjourn meeting 7:14 PM Aye 4 MC. Bill Voss,Mayor Mary Pacha, City Clerk STATE OF IOWA County of Linn ss. CfITY OF F{111tFAX SP tGf� ".. M TING W oNtIUAY.3DCTOBER 2F,2003 j Mayorass` ttaClthz meel3ng ib order at b 02 PM Count#member present so Sco11,Eh str0rn & Wfa§n r ri) Absent rFrteden. ,4lso, , pr�senl f]:ick am Ronde Scnaier-pity 1, Joe Hladky, being duly sworn on oath, do state that I am .Attorney� Cttlaens;of toe'City, of FairiBK& i Linn County. ere +Nos no,representatlan - from ltnion Piaelfic Railroad 1tit101ton Beer 200 the publisher of THE GAZETTE, a. daily newspaper of Scott to approve agenda Aye 4 MC The re,Pra ' sentatives;of ttnlian:Pacific are conllnuing t0 wo.rkanttre6gndit)ans.(hJo Patifl6wlllhave general circulation in Linn County, Iowa. The notice, a cemmunon.T n at dV,M sctjA roc council printed copy of which is attached, was inserted and lneeting on Toes Nqv,17,2003,A recorntnen elation was made Iry Randy Schiller to continue to wark.ort the t;andiflons cureently at hand published in THE GAZETTE newspaper in the issue(s) of Mahon E6eer 2nd :5r.blt to open the Pulrltc 1Heul an the rezoning appilcatTon of Union Pacific RMIroad Ave 4 MC•Mavar Voss'de- clared the Public Hearlho open at &07. PM Each copiddiop was r ead addressed(ll:'The language of fh6s cofid§lttm is ok d2)COUn�IIar J Beer Yrold ask L7rir1 Ca tilt:roots enforta Nov. 12 20 03 . meal f a nxlp mezktloriad that the City would be entering tea funding agreement Lmn;t a b & 0nfi !! The reasonable fee for publishing said notice is $ 37 .58 Condirionat e t'erlt is enean7 ase on ` fhadQCistan mf tNty of Falrfax(3)Council I. -- or 11 atmdr ht drscS)ssed concerns of Cleanup (hoyt ) sptitaga(how.large)&weed can trot"IrnainYananta).Randy stated Phis part of the agreefagiant wodii be worked Out after the nand7ilans have been agreed upon (4)Pisces-1. + sfon'rorfl�anc wnQrs ving'pear Old Bridge Roads I log)aCOCkad in 00'40ns Pef)ads of fame) Nk1h'rro way 10 leave heir property (5&rr) b]aawisst#n ors sound butter would be Nov. 12 , ��03 , worked �t otter ►ha candltl'p11s have.ybeen Signed and sworn to before me one agreed:upfum.$7%The langua9e;At this Onµttlon )sok,tnitb>IrChls? sankat te)�InionPaelnc :t by Joe Hladky. RaiIT'aaqcan roof'=merge the CLSV of Eair3ai(tor , lnslalta.tw*a of we�,tines on rallroad Property (9)Theacguega of fh7s onditton§s ok:_tl0) CouncIIQr F trom Mentioned of taking:p[� lures of elty streams berore cofr truci(an corn- rnences:d77D 01swsslon on the right to lnspect railroad pmooerly wfthln the':city Ilmlis The &4_ ragrnad w1tYi neeo Provide a.irontact PgrSon vvllriace&tarutcnberxrradlspa:tcherfhat war ks Nita �blic in and f the State of Iowa for the:ratiroad. fruncllor:Wainwrlghi men- tlotred t�teme t 00 diiheltne addressed for re sponge from the r,road. Dlscusslon of Ian- Isuacotitt&tganidit4 r, road,.. i e Itvhlgfc Ition agrees allrDa. will need to pra vide a: R)se Cert1#Icate for Prairie Creek There needs to be a suitable plan&agreement In place slating that thy,cohstructlan pf the sour liter ywtti oat-Increase fioodwatars,: (74),ent for above from , 20 The language of this condillon is ok Cauncllor lMAin. I t addressed amending the [and§11 Lions that were revi s ed by Randy Scrioler to Include&naddafWT.1, andillen�num�er,5)far GAZETTE COMMUNICATIONS, INC. union Pacific to vav any 1,11 allon expenses that would Incur upon v§olailon of ally agreed candltlahs. Piscu sintt of stukr track, Mofton Ekstrom end Beer=ta adiourn:'the Pqb is Hear- Ing to:71)9 Nov.i 2003 at.7;p0 PM AYe 4 MC. 17lscuasl0tt to 1e§ards t0 Veteran's oav an Nov.77` rfaav9n9the council:meeting to Wsd. Nov 72;2003.AAotlon Beer 2nd icon to amend the last:motion toadtourntha.PublleHearing to: By wets Nev. 12r 2043 at 7:00 PM Rye 4 MC. '3iscusslon of dfistrtbulion of partial funds from ,p gi1a.60 Note to$4th Street sanitary Sewer. &;: K or Matn Extension Protest.Mohan wain i 0aohs'ta ddauNedr t�defier. rd-of n9 ntr t Is idled f0r'Neri Nov.12,'201!3 at 7;00 PM• o lsstoo on future annexattan Motion Wain- ;2nd Ekstr0M to adio.um moeltng 7:19 jam GHMM �vi'#t!e 41 MC,8'ilt gloss,Mavar Mary Pacha,..�. - nd„terlk Q 0 i 9