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HomeMy WebLinkAbout08/10/2004 Council Minutes AGENDA FAIRFAX CITY COUNCIL REGULAR MEETING TUESDAY,AUGUST 10,2004 AT 7:00 PM I+AIRFAX PUBLIC LIBRARY 313 VANDERBILT STREET Tentative Agenda with possible action on the following items: 1. Call to Order/Roll Call 2. Approval of Agenda and Clerk's Financial Reports 3. Approval of and place on file: a. Minutes dated July 13, 2004—Regular Meeting 4. Robert Whitehead, Superintendent,Prairie School District—LOST Revenue Sharing Agreement a. Resolution approving Linn County Local Option Sales and Services Tax.Pursuant to Iowa Code Chapter 422B h. Resolution authorizing Mayor and City Coutxcil to enter into 28E agreement with Linn County and the School Districts for Local Option Sales and Services Tax Intergovernmental Revenue Sharing Agreement 5. Brent Schlotfeldt—Murphy Property 6. Resolution approving Annual Road Use Tax report for fiscal year 2004-2005 7. Resolution setting Public Dearing for Selzer Farms Voluntary Annexation Application 8. Resolution to approve Releasing Escrow from Fairfax State Savings Bank for Maintenance of Improvements in Fairfax Heights First and Second Additions—Gordon Sevig 9. Discussion of 2004 Seal Coat Project submitted by Prairie Road.Builders,Inc. a. Approval authorizing Mayor to sign the proposal 10. Proposed Ordinance amending provisions pertaining to Nuisance Abatement Procedure---Grass and Weed Control Definition 11. Engineer's Report—'Dic Ransom, Hall &Hall Engineers, Inc. a. Update on Lagoon Aeration Project 13.Mayor Voss a. Discussion of funding for Lagoon Aeration Project b. Approval to proceed for funding for Lagoon Aeration Project 14. Resolution approving the establishment of a Lagoon Aeration Capital Project Fund 15. Vernon Cerveny a. Community Visioning Committee 16. Discussion on participating in developing a RFP for updating aerial.Photography& Topographic Maps 17. Single Audit Act requirements—Community Development Block.Grant Program 1.8. Special Census Discussion a. Approval to proceed with Special Census 19.Ron Dusil—Reading Water Meters and Penalty for Disconnection 20. Approval of Bill List dated.August 10, 2004 21. Reports a. Sheriff Department b. Library c. Fire Department. d. Maintenance Department 22. Discussion a. Opportunity for citizens not on agenda 23. Mayor Comments a. Processing of"newsletter/quote Tint McKeever 24. Adjournment I CITY OF FAIRFAX REGULAR COUNCIL MEETING AUGUST 10, 2004 Regular meeting of the Fairfax City Council was held Tuesday, August 10, 2004 at the Fairfax Public Library at 7:00 PM. Mayor Voss presided. Council members present: Scott, Glick, Wainwright, Beer arrived 8:50 PM. Absent: Frieden. Others present: Dick Ransom, Ron Dusil, Vernon Cerveny, Brent Schlotfelt, Dick Whitehead, Don Kleis, Dennis Fiser, Deputies Parks and Feickert and various citizens.. The agenda was amended by adding Item 420. Resolution setting public hearing—Amending Fairfax Zoning Ordinance of 2000 (9-14-04, 7:05 PM) Glick moved to approve the agenda as amended and the Clerk's Financial Statements, seconded by Scott.. Roll call vote: Ayes: Scott, Glick, Wainwright. Nays: 'None. Absent: Beer, Frieden. Motion carried. Scott moved to approve and place on file the minutes of the regular council meeting dated July 13, 2004, seconded by Glick.. Roll call vote: Ayes: Scott, Glick, Wainwright. Nays: None. Absent: Beer,Frieden. Motion carried. The Sheriff's report was given by Deputy, Parks and the Call for Service Log was submitted and discussed. Council reviewed the Smart Survey Summary. Dick Whitehead, College Community School District, gave a presentation on the Linn County Schools and Communities Shared Penny program for implementing a one percent sales and service tax for supporting the facility needs of the schools in Linn County. Wainwright introduced the following Resolution and moved its adoption, seconded by Glick.. Roll call vote: Ayes: Scott, Glick:, Wainwright. Nays: None. Absent: Beer, Frieden. Motion carried. Whereupon, the Mayor declared the following duly adopted.: Resolution. No. 2004---18 entitled, "A .RESOLUTION REGARDING LINN COUNTY LOCAL OPTION SALES AND SERVICE TAX PURSUANT TO IOWA CODE CHAPTER 422B". Passed and approved this 10th day of August 2004. Wainwright introduced the following Resolution and moved its adoption, seconded by Glick. Roll call vote: Ayes: Scott, Glick, Wainwright. Nays: Nome. Absent: Beer, Frieden. Motion carried. Whereupon the Mayor declared the following duly adopted: Resolution No. 2004-19 entitled, "A RESOLUTION AUTHORIZING THE MAYOR AND CITY COUNCIL TO ENTER INTO A LOCAL OPTION SALES AND SERVICES TAX INTERGOVERNMENTAL REVENUE SHARING AGREEMENT PURSUANT TO IOWA CODE CHAPTER 28E"."' Passed,and approved this 10th day of August 2004. Brent Schlotfeldt reported to Council that he was looking at purchasing property within the City for future development and inquired about the infrastructure leading to the property. Upon advisement of Council, he will present his concept of plans and a proposed layout of the addition for Council to review at a later meeting. Wainwright introduced the following Resolution and moved its adoption, seconded by Scott. Roll call vote: Ayes: Scott, Glick, Wainwright. Nays: None. Absent: Beer, Frieden. Motion carried. Whereupon the Mayor declared the following duly adopted: Resolution No. 2004-20 entitled, "A RESOLUTION APPROVING THE ANNUAL ROAD USE TAX REPORT". Passed and approved this 10th day of August 2004. Wainwright introduced the following Resolution and moved its adoption, seconded by Glick. Roll call vote: Ayes: Scott, Glick, Wainwright. Nays: None. Absent: Beer, Frieden. Motion carried. Whereupon the Mayor declared the following duly adopted: Resolution No. 2004-21 entitled, "A RESOLUTION SETTING PUBLIC;; HEARING FOR VOLUNTARY ANNEXATION AND ZONING CLASSIFICATION". Passed and approved this 10th day of August 2004. Scott introduced the following Resolution and moved its adoption, seconded by Glick, Roll call vote: Ayes: Scott, Glick, Wainwright. Nays: None. Absent: Beer, Frieden. Motion carried, Whereupon the Mayor declared the following duly adopted: Resolution No. 2004-22 entitled, "A RESOLUTION RELEASING ESCROW FROM FAIRFAX STATE SAVINGS BANK FOR MAINTENANCE OF IMPROVEMENTS IN FAIRFAX HEIGHTS FIRST AND SECOND ADDITIONS". Passed and approved this 10th day of August 2004. Don Klels, Prairie Road Builders, Inc., led a discussion on the 2004 Seal Coat Street Project. Wainwright moved to approve the 2004 Seal Coat Project subject to the removal of the Base Project and Items 4, 5 and 6 of the Seal Coat Using Pea Gravel Project, seconded by Glick. Roll call vote. Ayes: Scott, Glick,Wainwright. Nays: None. Absent: Beer, Frieden. Motion carried. Scott introduced Ordinance No. 22, AN ORDINANCE AMENDING T1111F, CODE OF ORDINANCES OF THE CITY OF FAIRFAX, IOWA, 2002, BY AMENDING PROVISIONS PERTAINING TO NUISANCE ABATEMENT PROCEDURE — GRASS AND WEED CONTROL DEFINITION. Wainwright moved that Ordinance No. 22, AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF FAIRFAX, IOWA, 2002, BY AMENDING PROVISIONS PERTAINING TO NUISANCE ABATEMENT PROCEDURE — GRASS AND WEED CONTROL, DFINITION, having been considered by the council for the first time, be voted on for passage prior to its final adoption, seconded by Scott. Roll call vote: Ayes:. Scott, Glick, Wainwright. Nays: None. Absent: Beer,Frieden. Motion carried. Dick Ransom updated council on the Lagoon Aeration Project. He stated that they were in the process of determining the strength of the flow going into the lagoon and that they are getting composite samples so they will know what they can design for. He stated that a Project Initiation Meeting was held with representatives from the IDNR to discuss the process of the project. Mayor Voss led a discussion on procuring funds for the Lagoon Aeration Project. The Deputy Clerk was instructed to contact Speer Financial, Inc, and direct them to proceed with the financing of the project. Wainwright introduced the following Resolution and moved its adoption, seconded by Glick, Roll call vote: Ayes: Scott, Glick, Wainwright. Nays: None. Absent: Beer, Frieden. Motion carried, Whereupon the Mayor declared the following duly adopted: Resolution No. 2004-23 entitled, "A RESOLUTION ESTABLISHING A CAPITAL PROJECT FUND FOR LAGOON AERATION PROJECT". Passed and approved this 10th day of August 2004. Scott introduced the following Resolution and moved its adoption, seconded by Wainwright. Roll call vote.- Ayes: Scott, Glick,Wainwright. Nays: None. Absent: Beer, Frieden. Whereupon the Mayor declared the following duly adopted: Resolution No. 2004-24 entitled, "A RESOLUTION SETTING PUBLIC HEARING FOR AMENDING TITS FAIRFAX ZONING ORDINANCE OF 2000". Passed and approved this 10th day of August 2004. Vernon Cerveny reported that the Visioning Committee will be hosting an Open House/Community Presentation at the Fairfax Public Library on August 16th at 6:30 PM. He stressed that community attendance and participation was very important as to generate energy and enthusiasm about the potential improvements to Fairfax. After a discussion, Council approved submitting an application to the US Census Bureau requesting a Special Census Cost Estimate. Council approved joining with Linn County and the City of Cedar Rapids in a project to update the aerial photography and topographic maps of Linn County. Ron Dusil, maintenance, reported on how much time it took each month for them to read the meters at the apartment complexes. It was the consensus of Council that the landlords and/or renters should be reading their own meters. Office staff will contact the appropriate parties regarding this matter. Delinquent water bills were discussed, The Deputy Clerk was instructed to contact a collection agency for a cost estimate for the collection of bad debt, Councilor Beer arrived 8:50 PM. Beer moved to approve the Claims List dated August 10, 2004, seconded by Scott. Roll call vote: Ayes: Beer, Scott, Glick,Wainwright. Nays:None. Absent: Frieden. Motion carried. Reports: Vernon Cerveny stated that there wasn't anything to report on the Library, as the meetings have been changed to the 3rd Monday of each month. Ron Dusil, maintenance, reported on the water and weed problem at the lower detention basin in Fairfax Heights and stated that he had obtained prices on purchasing Petro-mat for weed control and rock for fill. It was decided that he should work with Dick Ransom to see what other options the City might have in resolving this problem. Council reviewed a bid submitted by Tim McKeever for printing the newsletter. No decision was made. Dennis Fiser., Republican Candidate for Sheriff, discussed issues that he was having with the current sheriff and Linn County Supervisors concerning a new County Surcharge State Law. He encouraged the Mayor and Council's support of his candidacy in the upcoming election.. There being no further business, Glick moved adjournment at 9:00 PM, seconded by Scott. All in favor. MAYOR: Bill Voss ATTEST:Nancy Flickinger, Deputy Clerk Disclaimer: The foregoing minutes are not official until approved by Council. City Resolution Rdy .15, 2004 RESOLUTION REGARDING LINN COUNTY LOCAL OPTION SALES AND SERVICES TAX PURSUANT TO IOWA CODE CHAPTER 422E WHEREAS,the Community School Districts of Linn County and Linn County have presented the City with a mechanism to share the revenues of a local option sales and services tax collected within communities in Linn County; and WHEREAS, the mechanism by which the public bodies of Linn County can work collaboratively to share a one cent tax for ten years creates an opportunity to keep all local option sales and service tax monies collected in Linn County within the borders of Linn County and will be memorialized in a 28E Agreement between all participating parties; and WHEREAS, the City does not currently or will not have a local option sales and services tax pursuant to Iowa Code chapter 422E on January 1, 2006; and WHEREAS,a new local option sales and services tax within the Citypursuant to Iowa Code chapter 422B requires an election on the question of imposition of such a tax; and WHERE AS, pursuant to Iowa Code section 422B.1, an election can be called upon the motion or motions adopted by the governing body or bodies representing at least one half of the population of the County; and WHEREAS,the population of the City of Cedar Rapids alone constitutes one half of the County's population. OF (NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY hNdAy, Section 1. That the City hereby supports the imposition of a one cent local option sales and services tax for a term of ten years to be effective January 1, 2006 following a successful election on the question. Section 2. That the City hereby supports revenue-sharing of the local option sales tax between the public bodies of the County. Section 3. That the City hereby requests the City of Cedar Rapids to adopt a motion calling a special election on the question of imposing said tax. Section 4. That the City Clerk is hereby authorized and directed to prepare a certified copy of this resolution for filing with the City Clerk for the City of Cedar Rapids. PASSED AND APPROVED this 1 day of , 2004. Mayor, Cavity of Iowa ATTEST: " . , City Clerk, City of Iowa (SEAL) CIG-3 919 CERTIFICATE STATE OF IOWA ) ) SS COUNTY OF LIN°N 1,the undersigned i y Cleric of Iowa,do hereby certify that attached is a true and complete copy of the portion of the corporate records of said Municipality showing proceedings of the Council, and the same is a true and complete copy ,of the action taken by said Council with respect to said matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal.office of the Council(a copy of the face sheet of said agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to I the commencement of the meeting as required by said law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective city offices as indicated therein, that no Council vacancy existed except as may be stated in said proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization,existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of said Municipality hereto affixed this day of 72004, V\Aln�V( City Clerk, t , Iowa (SEAL) F11OFk URM41889S'1117872.000 City of Fairfax Claims List Dated 10 August 2004 Checks 21951 through.22142 Type Num Name oleo Amount I mom General Fund Check 21955 Millhiser Smith Agency, Inc. Firework's insurance 890.31 Check 21959 Clarey's Safety Equipment Bunker boots 358-35 Check 21960 Sankot's Garage Truck repairs 259.69 Check ACH Elan Various supplies 668.31 Check ACH FD Fireworks Transfer to FD Fireworks Savings 2,129.60 Check 21969 Baker&Taylor Books 53.10 Check 21970 Cathy Bayne Postage/DVDs 114.90 Check 21971 Baker&Taylor Books 347.45 Check 21972 Penworthy Books 829.16 Check 21973 Treasure Bay Flacks 16539 Check 21974 Demco Supplies 132,56 Check 21975 Alliant Lights 252.00 Check 21976 Creative Software Computer services 285.73 Check 21977 South Slope Telephone Phone 5171 Check 21978 Pace Supply Limelpaper towels 1440 Check 21980 Mid American Energy Gas 147.100 Check 21981 Kathy Everett Cleaning supplies 24.32 Check 21982 Mid American Energy Gas 294.00 Cheek 22019 Mary A. Pacha 4 meetings 123.84 Check 21987 Fareway Stores. Pop 68.96 Check 21993 Pace Supply Mound clay 325.50 Check 21994 GSTC Fuel 34.85 Check 21995 Office Express Paper 119.85 Check 21997 Shelton Technologies, Inc. Copier agreement 21.17 Check 22000 Mar-Han, Inc. Broomslhandleslbrush 105.80 Check 22001 Emergency Medical Products, Inc. Airway trainer/reed supplies 1,870.56 Check 22002 Bartosh Automotive Tractor tire repair 15.00 Check 22006 D&N Fence Co. Fence 160.20 Check 22007 Hall&Hall Engineers,Inc. Engineering 29044 Check 22012 Alliant Energy Electricity 524.77 Check 22013 Pace Supply Mound clay 108.50 Check 22014 Hargers Acoustics,Inc. Ceiling tilellabor 1,297.00 Check 22018 Port'O',iohnny Toilet service 85.00 Check 22021 Catherine Bayne Wage 718.05 Check 22022 Kathy Everett Wage 159.57 Check 22023 Kathy Everett Wage 677.69 Check 22024 Beth A.Wilz Wage 46.17 Check 22028 Gazette Communications, Inc. Publishing 130.74 Check 22029 Menards-Cedar Rapids SO Materials 49099 Check 22030 IPERS Tax 209.08 Check 22033 Fairfax State Savings Bank FICA/Fed tax 961.06 Check 22034 Gary Stockton Mowing 44.00 Check 22035 Mike Sankot Food items 40-00 Check 22036 Graybill Electronics, Inc. Repairs 25.95 Check 22038 Menards-Cedar Rapids SO Materials 245.13 Check 22041 Staples Credit Plan Supplies 654.65 Check 22042 Sankot's Garage Truck repairs 32.30 Check 22043 Fareway Stores Pop 30.56 Check 22044 South Slope Telephone Phone 419.97 Check 22046 CTS Textile Leasing Mat rental 73-90 Page I of 4 ........ ............. City of Fairfax Claims List Dated 10 August 2004, Checks 21951 through 22102 Check 22047 Moyer&Bergman Legal services 5,39500 Check 22051 Waste Management of Iowa City Dumpster service 60.00 Check 22054 Wendling Quarries,Inc. Lime/ball diamond 507,16 Check 22058 US Cellular Phone bill 260,83 Check 22059 Hynek Farms Mowing 850.00 Check 22062 GSTC Fuel 76.15 Check 22063 Catherine Bayne Wage 22.74 Check 22064 Kathy J. Everett Wage 4-82 Check 22065 Kathy J. Everett Wage 23,106 Check 22066 Beth A.Wilz Wage 1.35 Check 22067 i wireless Phone bill 69.16 Check 22100 Fauser Energy Resources Fuel 552.78 Check 22102 Commerce-Census Request fee 200,00 Total General Fund: 24,652.28 Housing Rehab Check 21961 ECICOG Admin costs 2,083.94 Total Housing Rehab: 2,083.94 Road Use Tax Check 21996 Sevig Construction Co. Hauling1black dirt 50.00 Check 22010 Alliant Energy Electricity 882,69 Check 22050 Linn County REC Electricity 333.06 Check 22060 Sevig Construction Co, Hauling/black dirt 50,00 Total Road Use Fund: 1,315,75 Capital Project-$465,000 GO Check 22017 Mt.Vernon Construction, Inc. Librarylext caulking 3,105.00 Total Capital Project-$465,000 GO: 3,105.00 Water Fund Check 21954 Liquid Engineering Corportation Water tower services 2,886.10 Check 21956 Wellmark Health insurance 1,039.53 Check 21957 Mid American Energy Gas 34.78 Check 21958 Keystone Laboratories, Inc. Lab analysis 74.00 Check 21951 Ronald G.Dusil Wage 527.74 Check 21952 Connie R. Frame Wage 376.98 Check 21953 David Yanecek Wage 457.36 Check ACH Elan Postage/water bills 293.60 Check ACH Deluxe Checks Deposit slips 23.75 Check 21983 Ronald G. Dusill Wage 52774 Check 21984 Connie R.Frame Wage 376.98 Check 21985 David Yanecek Wage 457.36 Check ACH transfe City of Fair-fax-Holding Account#26 Reimb holding acct/check charge 23.75 Check 22020 Nancy Flickinger Wage 2,644,40 Check 21986 Iowa Rural Water Association Workshop/CEU!s, 20,00 Check 21990 Advanced Water Technology, Inc. Chemicals 26196 Check 21992 USA Blue Book Pry bar 77.66 Check 21998 Sankot's Garage Battery 1141,60 Check 22003 Matt Parrott&Sons Company Utility bills 161.08 Check 22011 Alliant Energy Electricity 416.23 Page 2 of 4 City of Fairfax Claims List Dated 10 August 20,04 Checks 21951 through 22102 Check 22015 Waterworks C&I Tests 45.00 Check 22016 Schimberg Co. Motors&parts 1,137,77 Check 22025 Ronald G. Dusil Wage 527.74 Check 22026 Connie R. Frame Wage 310:.55 Check 22027 David Yanecek Wage 457-316 Check 22031 IPERS Tax 1,276.88 Check 22032 Fairfax State SaVings Bank FICA/Fed tax 3,652.32 Check 22037 Men2rds-Cedar Rapids SO Faucet/pumphouse 29,98 Check 22039 Staples Credit Plan Shipping 5979 Check 22045 Electric Pump PTFE Diapragh:m 37.81 Check 22048 Linn County REC Electricity 621.64 Check 22055 Keystone Laboratories,Inc. Lab analysis 60.00 Check 22057 US Cellular Phone bill 92.73 Check. 22061 Advanced Water Technology, Inc. Chemicals 351.65 Check 22099 David Yanecek Wage 457.36 Check 22101 Ronald G. Dusit Wage 527.74 Total Water Fund: 20,47092 Sewer Fund'. Check 21968 City of Cedar Rapids 28 E Prairie View Estates 10,692-50 Check 21989 City Treasurer 28 E Prairie View Estates 1,687.68 Check 21991 Pete Howe Industrial Clean 2 lift stations 2,475.100 Check 21999 SankoVs Garage Battery 10538 Check 22004 Matt Parrott&Sons Company Utility bills 161.08 Check 22009 Alliant Energy Electricity 191.71 Check 22040 Staples Credit Plan Shipping 27.83 Check 22049 Linn County REC Electricity 69,75 Check 22056 Keystone Laboratories, Inc. Lab analysis 35,00 Total Sewer Fund: 15,44633 Garbage Fund Check 22005 Matt Parrott&Sons Company Utility bills 161.06 Check 22052 Waste Management of Iowa City Trash service 3,7751.20 Total Garbage Fund: 3,936.26 Capital Project-80th St Check 22008 Hal!&Hall Engineers, Inc. 265,92 Total Capital Project-80th St 265.92 Trust&Agency Check 21962 Larry Sprague Deposit refund 120.00 Check 21988 City of Fairfax Deposit applied to water bill 901.100 Check 22068 Steve Rosekrans Deposit refund 301.100 Check 22069 Jo Ann Beer Deposit refund 30.00 Check 22070 Bill Voss Deposit refund 30.00 Check 22071 Sam Black Deposit refund 3000 Check 22072 Mark Nierling Deposit refund 30,00 Check 22073 Joe Kell,Jr, Deposit refund 30,00 Check 22074 Joe C.Neuhaus Deposit refund 30.00 Check 22075 Tom Kuchemann Deposit refund 30,00 Check 22076 John Pacha Deposit refund 30,00 Check 22077 Rik Haendler Deposit refund 30.00 Page 3 of 4 City of Fairfax Claiims List Dated 10 August 20�04 Checks 21951 through 22102 Check 22078 Jennifer Tedrow Deposit refund 30,00 Check 22079 Alice Glick Deposit refund 30.00 Check 22080 Douglas Smith Deposit refund 30.00 Check 22081 Burnell Frieden Deposit refund 60.00 Check 22082 Mark Giese Deposit refund 60,00 Check 22083 Richard Mitchell Deposit refund 60.00 Check 22084 Robert Wade Deposit refund 60-00 Check 22085 Ralph Shaw Deposit refund 60.00 Check 22086 David Jacoby Deposit refund 120.00 Check 22087 Duane Turner Deposit refund 60.100 Check 22088 Mark Gunn Deposit refund 1201.00 Check 22089 Terry Carson Deposit refund 60.00 Check 22090 Michael Azevedo Deposit refund 60,00 Check- 22091 Darren Dill Deposit refund 120.00 Check 22092 Ryan Sheridan Deposit refund 120,00 Check 22093 Brian Schumacher Deposit refund 6000 Check 22094 Fairfax Car Wash Deposit refund 40040 Check 22095 Kevin Hasler Deposit refund 12000 Check 22096 Patrick Slater Deposit refund 120.00 Check 22097 Alan Soukup Deposit refund 60.00 Total Trust&Agency Fund: 2,320,40 Total Checking Account: 73,596.80 Page 4 of 4 AGENDA FAIRFAX CITY COUNCIL REGULAR MEETING TUESDAY,AUGUS'r 10, 2004 AT 7:00 PM FA.IR.I'AX PUBLIC LIBRARY-313 VANDERBILT STREET Tentative Agenda with possible action on the following items: 1. Call to Order/Roll Call 2. Approval of Agenda and Clerk's Financial Reports 3. Approval of and place on file: a.Minutes dated July 1.3, 2004-Regular Meeting 4. Robert Whitehead, Superintendent,Prairie School District-LOST Revenue Sharing Agreement a. Discussion on Linn County Local Option. Sales and Services Tax Pursuant to Iowa Code Chapter 42213 b. Discussion on authorizing Mayor and City Council to enter into 28E agreement with Linn County and the School Districts for Local Option Sales and Services Tax Intergovernmental Revenue Sharing Agreement 5. Brent Schlotfeldt-Murphy Property 6. Resolution approving Annual Road Use Tax report for fiscal year 2004-2005 7. Resolution setting time and place for Public Hearing on Selzer Farms application for Voluntary Annexation and proposed zoning change request(9-14-04 at 7:00 PM) 8. Resolution to approve Releasing Escrow from Fairfax State Savings Bank for Maintenance of Improvements in Fairfax Heights First and Second Additions-Gordon Sevig 9. Discussion of 2004 Seal Coat.Project submitted by Prairie Road Builders,Inc. a. Approval authorizing Mayor to sign,the proposal 10. Proposed Ordinance amending provisions pertaining to Nuisance Abatement Procedure--Grass and Weed Control Definition 11. Engineer's Report-Dick Ransom,Hall&Hall Engineers,Inc. a. Update on Lagoon Aeration Project 13.Mayor Voss a. Discussion of funding for Lagoon Aeration Project b. Approval to proceed for funding for Lagoon Aeration Project 14.Resolution approving the establishment of a Lagoon Aeration.Capital Project Fund 15. Vernon Cerveny a. Community Visioning Committee 16. Discussion on participating in developing a RFP for updating aerial Photography& Topographic Maps 17. Special Census Discussion a. Approval to proceed with Special Census 1.9.Ron Dusil•-Reading Water Meters and Penalty for Disconnection 20.Approval of Bill List dated August 10, 2004 21.Reports a. Sheriff Department b. Library c. Fire Department d. Maintenance Department 22. Discussion a. Opportunity for citizens not on agenda 23.Mayor Comments a. Processing of newsletter/quote Tim McKeever 24.Adjournment E Return to: Preparer Information: Individual's Name Street Address city Phone LOCAL OPTION SALES AND SERVICES TAX INTERGOVERNMENTAL REVENUE SHARING AGREEMENT PURSUANT TO IOWA CODE CHAPTER 28E THIS REVENUE SHARING AGREEMENT (hereinafter the "Sharing Agreement") is entered into pursuant to Iowa Code chapter 28E by and between the undersigned cities (collectively the "Cities") located in Linn County, Iowa, the undersigned school districts (collectively the "School Districts.") located in Linn County, Iowa, and the unincorporated portion of the County of Linn, State of Iowa (the "County"), as of the___ day of_µ , 2004: RECITALS; WHEREAS, the Cities are each duly incorporated, organized and exist under and by virtue of the laws and Constitution of the State of Iowa; and WHEREAS, the County is a political subdivision duly organized and existing under and by virtue of the laws and constitution of the State of Iowa; and WHEREAS, the School .Districts are each duly created and validly existing as a body corporate and politic and political subdivision of the State of Iowa with the corporate power to perform the obligations herein; and WHEREAS, pursuant to Iowa Code chapter 28E any powers, privileges or authority exercised or capable of exercise by a public agency of the State of Iowa may be exercised and enjoyed jointly with any other public agency of the State; and WHEREAS, Iowa Code chapter 422B provides that cities may, by agreement with other political subdivisions of'the state, as provided in Iowa Code chapter 28E, pledge irrevocably any amount derived from the designated portions of the revenues of the local option sales and services tax to the support of the purposes set forth on the ballot proposition concerning the imposition of the local option sales and services tax; and WHEREAS, the parties hereto desire to enter into this Sharing Agreement whereby the revenues of a local option sales and services tax pursuant to Iowa Code chapter 422B imposed and collected within the Cities which approve said tax is shared in accordance with the terms hereof; and WHEREAS, independent of its election on the sales tax, the County has agreed to act as fiscal agent for the distribution of revenues pursuant to this Sharing Agreement; and WHEREAS, the Cities and School Districts have requested proceedings be initiated to call a special election on the question of imposing a one cent (10) local option sales and services tax pursuant to Iowa Code chapter 422B commencing January 1, 2006 (hereinafter the "LOSST"); and WHEREAS, those Cities who approve the imposition of the LOSST shall participate in the revenue sharing outlined more fully herein; and WHEREAS, if the County approves the imposition of the LOSST, it shall participate in revenue sharing outlined more -fully herein; and WHEREAS, a condition precedent to this Agreement shall be the successful imposition of the LOSST within the contiguous block of cities comprised of Cedar Rapids, Hiawatha, Marion and Robins (the "Contiguous Block"), such that if the Contiguous Block does not approve imposition of the LOSST, this Agreement shall be null and void; and WHEREAS, if the Contiguous Block passes imposition of the LOSST, all School Districts shall participate in this Sharing Agreement as outlined more -fully herein. IT IS NOW, THEREFORE, AGREED by and between the parties hereto as follows: 1. The purpose of this Sharing Agreement shall be the sharing of revenues of the LOSST. Accordingly, those Cities who approve imposition of the LOSST shall direct that the revenues received from the Iowa Department of Revenue and Finance shall be submitted to the County in accordance herewith. -2- 2. The County shall serve as fiscal agent to this Sharing Agreement. In such capacity, the County shall disburse the LOSST revenues as follows: (a) 67% of all LOSST revenues (calculated upon total receipts within prior to any property tax relief afforded within the respective jurisdictions pursuant to each city ballot proposition) shall be placed into the School District Distribution Model. Proceeds in the School District Distribution Model shall be disbursed as follows: Each school district shall receive its share of the proceeds in the Distribution Model based upon certified student enrollment within Linn County, calculated annually based upon the enrollments as of the third Friday of the month of September, (b) the remainder of LOSST revenues received by the County to each participating city to be used for the purposes approved by the voters of said city at the election on the imposition of the LOS ST, including property tax relief, if such is included in a city ballot proposition. [Example: the ballot proposition for the City of XYZ includes I% of LOSST revenues for property tax relief. In 20016, XYZ collects $100 of LOSST. $1 goes towards property tax relief, $99 is transferred to the County as fiscal agent hereunder. However, when calculating the School Districts' share of all LOSST revenues for distribution to the School District Distribution Model, the County shall add the entire amount of XYZ LOSST revenues prior to the portion for property tax relief($100) to all other LOSST revenues collected within Linn County. In this example, $67 of the XYZ LOSST revenues will, go into the School District Distribution Model for distribution in accordance with (a) above. $32 will go back, to XYZ to be used for the city purposes approved by the voters of XYZ, and the $1 retained by XYZ prior to the transfer to the County as fiscal agent hereunder to be applied by XYZ for property tax relief pursuant to the ballot.] 3. A further purpose of this Sharing Agreement is to comply with the provisions of Chapter 422B and to acknowledge that the School Districts may issue bonds for the purposes outlined more fully in exhibit "A", attached hereto and incorporated herein by this reference, and pledge the -3- revenues hereby assigned by the parties to payment of interest and principal of said bonds. 4. The term of this Sharing Agreement shall coincide with the LOSST approved by the voters of the Cities at a special election on the question of imposition of said LOSST, and shall automatically end upon the effective date of the expiration, repeal or termination of the LOSST within the Contiguous Block. No partial termination of this Sharing Agreement shall be permitted. 5. No separate legal entity is established by this Agreement. No taint acquisition, ownership, or disposition of real or personal property is contemplated by the Parties to this Agreement. i 6. Each party may execute this Sharing Agreement and the Sharing Agreement shall consist of each executed counterpart with multiple copies all as the original. 7. Additional parties to this Sharing Agreement may be added upon the approval of the governing bodies of the existing members, and the filing and recording thereof as required by law. 8. This Sharing Agreement shall be effective upon the filing of a copy with the Secretary of State and recording of a copy with the Linn County Recorder. 9. This Agreement shall be null, void, and of no further effect if the voters of the Contiguous Block do not approve imposition of the LOSST. 10. If any provision of this Agreement is for any reason held to be illegal or invalid, such illegality or invalidity shall,not affect any other provision entered into, each of which shall be construed and enforced as if such illegal or invalid portion were not contained herein. Nor shall such illegality or invalidity of any application thereof affect any legal and valid application thereof, and each such provision shall be deemed to be effective in the manner and to the full extent permitted by law. 11. This Agreement shall be governed exclusively by and construed in accordance with the laws of the State of Iowa. -4- I { [REPEAT FOR EACH PARTICIPATING SCHOOL DISTRICT] IN WITNESS WHEREOF, the School District has caused this Agreement to be approved by resolution of its Board of Directors and executed as of the date first above written. COMMUNITY SCHOOL DISTRICT w .� � By: Chair, School Board of Directors ATTEST: By: Secretary STATE OF IOWA SS; COUNTY OF LINN The foregoing instrument was acknowledged before me this day of , 2004 by and the Board President and Board Secretary of _ Community School District, in, Linn County, Iowa, a political subdivision, of the State of Iowa, on behalf of said subdivision., Notary Public in and for said County and State r [REPEAT FOR EACH PARTICIPATING CITY] IN WITNESS WHEREOF, the City has caused this Agreement to be approved by resolution of its City Council and executed as of the date first above written. CITY OF By: Mayor, City Council ATTEST: i By City Clerk STATE OF IOWA SS: COUNTY OF LINN The foregoing instrument was acknowledged before me this day of _.. 2004 by �. and� , the Mayor and City Clerk of"the City Council of the City of Linn County, Iowa, a political subdivision of the ,State of Iowa, on behalf of said subdivision.. Notary Public in and for said County and State IN WITNESS WHEREOF, the County has caused this Agreement to be approved by resolution of.its Board of Supervisors and executed as of the date first above written. COUNTY OF LI'NN, STATE OF IOWA By: Chair, Board of Supervisors ATTEST: By County Auditor, STATE OF IOWA } SS: COUNTY OF LINN The foregoing instrument was acknowledged before me this day of 2004 by and _ . .,.�,� , the Chair of the Board of Supervisors and County Auditor for the County of Linn, a political subdivision of the State of Iowa, on behalf of said subdivision. Notary Public in and for said County and State t EXHIBIT "A" SCHOOL DISTRICT REVENUE USE STATEMENT Money received from the local sales and services tax may be spent for any one or more of the following purposes: To provide funds to build and furnish addition(s) to school buildings in the District; to remodel, repair, expand, and improve the school buildings in the District; to purchase and improve grounds; to furnish and equip district facilities, Monies may be used for emergency repairs to respond to natural disasters, such as fire, wind damage, flood; unanticipated mechanical, plumbing, structural, roof, electrical system failures; environmental remediation; or to respond to changes in demographics that require construction of additions or improvements to school buildings or new school buildings. k build may also equipment nt (includ ng transportation and recreation �' ( €� p � as authorized by law. Monies may be used for the payment of principal and interest or retirement of general obligation bonds issued for school infrastructure purposes, loan agreements authorized by Iowa Code section 297.36, sales tax revenue bonds issued under Iowa Code section 422E.4, or property tax relief._ r CERTIFICATE I This Agreement was duly filed in the office of the Secretary of State on the day of , 2004, and in the office of the Linn County Recorder on the day of , 2004. LINN COUNTY AUDITOR EBOEHLERT14 1 8 899\1 1 7 872.000 y -DC . U S '7 I Lo rn tr Mme° r 9 c 1 — P s r LC3 'z'A cs enr !7 J H � �+ 04 CT cs- IS) Jo coo + y cu LA w P4 H x x w w a C7 C7 © oQ � i i So `� ,-- -- Ul It AIX i opq LO It c� a U �? N ® 4) O bR GA N R EA G� w' 'b ° _ cd CD .- " d 10 7C C W U 3;03 PM City of Fairfax 08/09/04 Balance Sheet Accrual Basis As of July 31, 2004 Jul 31, 04 ASSETS Current Assets Checking/Savings Money Market- UPRR Fund 50,10186 Housing Rehab - Non Interest 8,769.20 Certificates of Deposit General Fund 116,230.78 Sewer Fund 41,323.04 Total Certificates of Deposit 157,553.82 Checking Account General Fund 350,855.14 Special Revenue Housing Rehab -5,337.56 Local Option Tax 13,514.66 Road Use Tax 25,947.24 TIF Fund 92,269.73 Total Special Revenue 126,394.07 Capital Project $465,000 GO Library Building 38,365.67 1. City Hall Roof 3,967.31 Excess 2,694.79 Cost of Issuance 682.49 Total Capital Project-$465,000 GO 45,710.26 Enterprise Fund Water 30,681.73 Sewer 82,702.48 Garbage 39,059.49 Capital Projects $450,000 Bond 21,512.97 Hall & Hall Project 25,877.27 Water Main Reconstruction 5„759.50 Iron Filtration Plant 39,438.44 Total Capital Projects 73,588.18 Capital Project 80th St 2,096.84 Trust &Agency 30,317.71 Total Enterprise Fund 258,446.43 Total Checking Account 781,405.90 Savings Accounts-SR'F Local Option 2004-2'005 Any Lawful Purpose 5,817.45 Street Improvements 11,634.91 Sewer Improvements 11,634 91 Total Local Option 2004-2005 29,087.27 Arbor Team 1,030.86 FD Equipment Regular Savings 10,412.58 Pagel | 3-03 PM City of Fairfax 0,8/09104 Balance Sheet Accrual Basis As of July 31, 2004 Jul 31, 04 Memorial Fund 1,485.74 Truck Memorial 6,250.00 Public Education: 512.24 St Luke's Grant 834.66 Total FD Equipment 19,495.22 FD Truck Fund 26,610.41 FID Fireworks 6,215.60 Library Gifts & Bequests Memorials 2,023.05 Library Gifts & Bequests - Other 4,936.17 Total Library Gifts & Bequests 6,959.22 Local Option Sales Tax Property Tax Relief 11,538,39 Street Improvements 15,177.89 Total Local Option Sales Tax 26,716.28 Total Savings Accounts-SRF 116,114,86 Total Checking/Savings 1,113,947.64 Total Current Assets 1,113,947.64 TOTAL ASSETS 1,113,947.64 LIABILITIES & EQUITY Equity Opening Bal Equity 1,130,250.03 Net Income -16,30239 Total Equity 1,113,947 64 TOTAL LIABILITIES & EQUITY 1,113,947.64 Page 2 J f Worksheet k _.Month, , Utility Ming Month of uok 1, Month Utilities Receivables on l .3-1 (Date) (Billing Register) BILLINGS-. 2. killing of Penalties on (Date a Penalty lculation) 3• Total Billed (Add lines 1 &2) 4. Adjustments to Balance(Adjustment Report) • l 5. Net Receivables (Add/Subtract Lines 3, 4) + . Less Payments Received(Deposits for month) 7.Current Utilities Receivables(Calculated)(Subtract line 5 from 6) � 8. Current Utilities Receivables(Delinquent Account) 9. Current Credit Balances (Trial Balance) — 7145A 10. Current Utilities Receivable(Trial Balance) •�� 11. Difference (Zero if balanced) (Subtract line 7 from 10) 12. Balance due City as of " (Supporting docia=nts on file) Bate Prepared Date Approved Prepared By Approved By UBPASTRP Thu Jul 29, 2004 12:43 PM *-A k* City of Garrison OPER: DTI PAGE 1 08:27.03 DELINQUENT ACCOUNT LISTING CYCLE I SERV CODE ALL ACCOUNT NO/CUSTOMER NAME LAST PMT AMOUNT ACTUAL AMT CUSTOMER ADDRESS DATE PERIOD I PERIOD 2 PERIOD 3 PERIOD 4 DUE DUE (BGT) ----------------------------I----------------- ------------------------------------------------------- ---------------. 1900 JAMES & LESLIE HAGEN 7/29/04 15,00 .00 '00 "00 15.00 .00 2900 LINCOLN ALLEN 6/20/04 64.29 15.00 '00 .00 75.29 .00 4000 EDWARD HANDLEY 7/16/0!4 71.07 .00 .00, .00 71.07 Do 5300 DAVID & LAURA LAMBRECHT 7/29/04 15-00 .00 .00 .00 15.00 .00 7000 FAIRFAX STATE SAVINGS BANK 6/14/04 41.40 .00 .00 .00 41.40 .00 15200 BRIAN OTIS 7/29/04 15.00 .00 .00 .00 15,00 .00 15BOO SHEILA THOMSEN 24.36 54.60 39.89 122-88 241.73 .00 16900 CHAD PEGUMP 7/16/04 10.00 21.20 .00 .00 31.20 .OG 18000 JOYCE ELSBURY 7/29/04 97.60 154,20 53-94 .00 305.74 .00 27200 LIZ ANDREWS 5/12/04 45,55 32.04 .00 .00 77.59 .00 27300 MISSY LIDDELL 7/29/04 15.00 .00 '00 .00 15.00 .00 27500 LEROY MORGAN .00 .00 .00 170,88 170.88 .00 28102 RICK SMITH .00 QD '00 356.57 356.97 38600 ROCHELLE STONE .00 ou .00 223.62 223,62 38601 ROCHELLE STONE .00 .00 .00 6,36 6.36 .00 38605 THOMAS ZUMZANDE 7/17/04 1.00 OD .00 .00 1.00 .00 39202 CUSTOM CONSTRUCTION '00 .00 .00 21.36 21.36 .00 40500 GERI WILSON 7/29/04 15.00 'OD .00 .00 15-00 .00 40900 HOPE GILKEY .00 .00 .00 4.76 4.76 .00 41000 CHAD LAING .00 .00 .00 5.60 5.60 .00 125000 LAURALEE BANES 5/12/04 25-00 25.00 20-00 .00 70.00 .00 DISCONNECT EXEMPT Receipts/Expenditures by Fund April 13, 2004 July Receipts General Fund 7,698.53 Road Use Tax 5,1891.01 T&A Meter Deposits 450,00 Water Fund 10,565.69 Sewer Fund 8,,644.20 Garbage Fund 7,500.68 TI 21,740.76 LOST- 2004-2005 13,514.66 Total Receipts: 57,005.53 Savings Account Revenue FD Equipment Fund 739.00 FD Fireworks 2,359.60 Total Savings Revenue: 3,,098.60 Certificate of Deposit Revenue General Fund 1100.67 Total CDs: 100.67 UPRR Money Market Fund 63.15 July Expenditures General Fund 34,57624 Road Use Tax 2,,147.41 Housing Rehab 2,,803.94 Water Fund 19,188.83 Sewer Fund 13,197.50 Garbage Fund 4,356.42 T&A-Meter Deposits 300.00 Total Expenditures: 76,570.34 AGENDA F"AIRFAX CITY COUNCIL REGULAR MEETING TUESDAY,AUGUST 1,0,2004 AT 7.00 PM FAIRFAX PUBLIC LIBRARY 313 VANDL+RRILT STREET Tentative Agenda with possible action on the following items: 1. Call to Order/Roll Call 2. Approval of Agenda and Clerk's Financial Reports 3. Approval of and place on file: a. Minutes dated July 13,2004—Regular Meeting 4. Robert Whitehead, Superintendent, Prairie School District—LOST Revenue Sharing Agreement a. Discussion on Linn County Local,Option.Sales and Services Tax.Pursuant to Iowa Code Chapter 422B b. Discussion on authorizing Mayor and City Council to enter into 28E agreement with Linn County and the School Districts for Local Option Sales and Services Tax Intergovernmental Revenue Sharing Agreement 5. Brent Schlotfeldt—Murphy Property 6. Resolution approving Annual Road Use Tax report for fiscal year 2004-2005 T Resolution setting time and place for Public Hearing on Selzer Farms application for Voluntary Annexation and proposed zoning change request(9-14-04 at 7:00 PM) 8. Resolution to approve Releasing Escrow from Fairfax State Savings Bank for Maintenance of Improvements in Fairfax Heights First and Second Additions Gordon Sevig 9. Discussion of 2004 Seal Coat Project submitted by Prairie Road Builders, Inc. a. Approval authorizing.Mayor to sign,the proposal 10. Proposed Ordinance amending provisions pertaining to Nuisance Abatement Procedure—Grass and Weed Control Definition 11. Engineer's Report—Dick Ransom,Hall&Hall Engineers,.Inc. a. Update on Lagoon Aeration Project 13.Mayor Voss a. Discussion of funding for Lagoon Aeration Project b. Approval to proceed for funding for Lagoon Aeration Project 14.Resolution approving the establishment of a Lagoon Aeration Capital Project Fund 15. Vernon Cerveny a. Community Visioning Committee 16. Discussion on participating in developing a RFP for updating aerial Photography& Topographic Maps 17. Special Census Discussion a. Approval to proceed with Special Census 1.9.Ron Dusil—Reading Water Meters and Penalty for Disconnection 20. Approval of Bill List dated August 10, 2004 21. Reports a. Sheriff Department b. Library c. Fire Department d. Maintenance Department 22. Discussion a. Opportunity for citizens not on agenda 23. Mayor Comments a. Processing of newsletter/quote Tim McKeever 24. Adjournment City resolution Ally 15, 2004 RESOLUTION REGARDING LINN' COUNTY LOCAL OPTION SALES AND SERVICES TAX PURSUANT TO IOWA CODE CHAPTER 422B WHEREAS, the Community School Districts of Linn County and Linn County have presented the City with a mechanism to share the revenues of a local option sales and services tax collected within communities in Linn County; and WHEREAS, the mechanism by which the public bodies of Linn County can work collaboratively to share a one cent tax for ton years creates an opportunity to keep all local option sales and service tax monies collected in Linn County within the borders of Linn County and will be memorialized in a 28E Agreement between all participating parties; and WHEREAS, the City does not currently or will not have a local option sales and services tax pursuant to Iowa Code chapter 422B on January 1, 2006; and WHEREAS, a new local option sales and services tax within the City pursuant to Iowa Code chapter 422B requires an election on the question of imposition of such a tax; and WHEREAS, pursuant to Iowa Code section 42213.1, an election can, be called upon the motion or motions adopted by the governing body or bodies representing at least one half of the population of the County; and WHEREAS,the population of the City of Cedar Rapids alone constitutes one half of the County's population. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF hA mc Section 1. That the City hereby supports the imposition of a one cent local option sales and services tax for a term of ten years to be effective January 1, 2006 following a successful election on the question. Section 2. That the City hereby supports revenue-sharing of the local option sales tax between the public bodies of the County. Section 3. That the City hereby requests the City of Cedar Rapids to adopt a motion calling a special election on the question of imposing said tax. Section 4, That the City Clerk is hereby authorized and directed to prepare a certified copy of this resolution for filing with the City Clerk for the City of Cedar Rapids. PASSED AND APPROVED this day of , 2004. Mayor, City of )L , Iowa ATTEST: i City CIA, City of Toga (SEAL) CIG- 9191 CERTIFICATE STATE OF IOWA ) ) SS COUNTY OF LINN q 1,the undersigned C t Jerk of Iowa,do hereby certify that attached is a true and complete copy of the portion of the corporate records of said Municipality showing proceedings of the Council, and the same is a true and complete copy of the action taken by said Council with respect to said matter at the meeting held on the date indicated in the attachment,which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council(a copy of the face sheet of said agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by said law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective city offices as indicated therein,that no Council vacancy existed except as may be stated in said proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization,existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of said Municipality hereto affixed this �9x'_ day of , 2004. Cum City Clerk, } , Iowa (SEAL) FBO HURx\41,88951 117872.000 i RESOLUTION NO. 4- 7-4 RESOLUTION SETTING PUBLIC HEAVING FOR AMENDING THE FAIRFAX ZONING ORDINANCE OF 2000 BE IT RESOLVED, That the Fairfax City Council does hereby set the date of Tuesday, September 14, 2004 at 7:10 PM or so on thereafter, for a Public Hearing for the purpose of public input on amending the Fairfax Zoning Ordinance of 2000, Section 1.07.0 — C2: Highway Commercial District, Subsection A. NOW, THEREFORE BE IT RESOLVED, By the City Council of Fairfax, Iowa, that the Mayor and the Deputy Clerk are hereby authorized and directed to execute said Resolution. Passed and adopted this day of , 2004. AYES: NAYS: ABSENT: � !(► Vt Bill Voss,Mayor ATTEST: �kt Nancy F�ckigner, D puty Clerk RE SOLUTION NO. ESTABLISHING A CAPITAL PROJECT FUND FOR LAGOON AERATION PROJECT WHEREAS, the City is in the process of commencing a project of aerating the lagoon; and, WHEREAS, the state recommends that the City establish a separate Capital Project Fund to account for all receipts and expenditures of a project; and, NOW THEREFORE BE IT RESOLVED,by the City Council of Fairfax, Iowa that the Mayor and the Deputy Clerk are her&by,authorized and directed to execute said Resolution. Passed and approved this Jb:11 day of AYES: &-k—G A' NAYS: ABSENT: Bill Voss, Mayor. ATTEST: GaIAA ��Irkuwy- Nancy Flickinger, Depitty Clerk 1 SOLUTION NO, o - RESOLUTION RELEASING ESCROW FROM FAIRFAX STATE SAVINGS BAND FOR MAINTENANCE OF IMPROVEMENTS IN FAIRFAX HEIGHTS FIRST AND SECOND ADDITIONS. WHEREAS, the City of Fairfax, Iowa required Gordon Sevig to provide an escrow account of$75,000.0O for a maintenance period for improvements in Fairfax Heights First and Second Additions, and WHEREAS, the maintenance period has now expired and all maintenance items have been completed; and, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAIRFAX,IOWA,that the escrow amount of$75,000.00 held by Fairfax State Savings Bank for maintenance of improvements in Fairfax Heights First and Second Additions is hereby released to Gordon Sevig and the Mayor and the Deputy Clerk are hereby authorized and directed to execute said Resolution. Passed and approved this " day of , 2004. AYES: \7\d- . kv1w 1 NAYS: ABSENT: {y� Bill Voss, Mayor ATTEST: Nancy lickinger, Deputy Clerk RF,SOLUTION NO. RESOLUTION SETTING PUBLIC HEARING FOR VOLUNTARY ANNEXATION AND ZONING CLASSIFICATION WHEREAS, The Fairfax City Council has received applications from Selzer Farms, requesting Voluntary Annexation of certain territory to the City of Fairfax, Iowa; and, WHEREAS, A zoning change request has been proposed by Selzer Farms for rezoning AG (Agricultural) to 44 RS (Single Family Residential) of said annexed territory, all of which is located at 1108 Williams Blvd within the City of Fairfax, Lim—County, Iowa, legally described as: "SW 114 of SE 1/4 and the NW 114 of SE 1/4 all in Section 16, Township 82 North, Range 8, Linn County, Iowa" BE IT RESOLVED, That the Fairfax City Council does hereby set the date of Tuesday, September 14, 2004 at 7:00 PM, or soon thereafter, for a Public Hearing for the purpose of public input on the Voluntary Annexation & Zoning Classification. NOW, THEREFORE BE IT RESOLVED, by the City Council of Fairfax., Iowa, that the Mayor and. the Deputy Clerk are hereby authorized and directed to execute said Resolution. Passed and adopted this day of 2004. AYES, NAYS: ABSENT: E01 Voss, D6YOT ATTEST: Alf Nancy Fli&irijer, De uty Clerk � RESOLUTION NO. RESOLUTION APPROVING ROAD USE TAX REPORT WHEREAS, The Code of Iowa, Chapter 312, Section 14, requires that all cities prepare and submit an annual Street Finance Report of expenditures and receipts to the Iowa Department of Transportation; and E ITHEREBY RESOLVED by the City Council of the City of Fairfax, Iowa: Section 1. The Council has reviewed all forms required,by this report and found them to be in compliance with the requirements of the Iowa Code. Section 2. The City Clerk is directed to submit these forms to the Iowa Department of Transportation before September 30, 2004.. NOW, THEREFORE BE IT RESOLVED,By the City Council of Fairfax, Iowa, that the Mayor, and the Deputy Clerk are hereby authorized and directed to execute said Resolution. Passed and approved this day of 6 2004. AYES: NAYS: ABSENT: Bill Voss,Mayor ATTEST: Nancy Flic roger,Dep qty Clerk