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HomeMy WebLinkAbout09/14/2004 Council Minutes AGENDA F'.AIRFAX CITY COUNCIL REGULAR MEETING TUESDAY, SEPTEMBER 14, 2004 AT 7:00 PM ff<A_1RFAX CITY MALL—525 VAND ERBILT STREET Tentative Agenda with possible action on the following items: I. Call to Order/Roll Call 2. Approval of Agenda and Cleric's Financial Reports 3. Approval of and place on file: a. Minutes dated August 10, 2004—Regular Meeting b. Minutes dated August 9, 2004—Planning & ,Zoning Commission Meeting 4. Public Hearing—7.00 PM a. Selzer Farms Voluntary Annexation.&Zoning ClassI cation 1. Review Planning & Zoning Commission's Recommendation to approve Annexation&Zoning Classification 5. Resolution to approve Voluntary Annexation & Zoning Classification Selzer Farms property 6. Public Hearing— 7:10 PM a. Review Planning & Zoning Commission's Recommendation to amend Zoning Ordinance—Section 1.07.G C2: Highway Commercial District 1. Adding Item 20. Automobile body and paint shop. 7. Proposed Ordinance 23 pertaining to amending the Fairfax Zoning Ordinance of 2000— Section LOTG C2: Highway Commercial District 8. 2nd reaching of Ordinance 22 pertaining to Nuisance Abatement Procedure—Grass Weed Control 9. Resolution setting Date for Public Hearing on a Loan Agreement in a Principal Amount Not to Exceed$700,000 (10-12-04, 7:00 PM) 10. Resolution setting public hearing—Amending Fairfax.Zoning Ordinance of 2000 (10-12-04, 7:05 PM) 11. Resolution to approve waiving Final Plat Review Roncalli Addition to Linn County, 80th St SW, Cedar Rapids, fA. 12. Engineer's Report—Discussion of Sludge Proposal 13. Appointment of Library Hoard Members 14. Melody Vance—Storage Building 15, Barron Starr--Building Addition 16. Brent Schlotfeldt--Murphy Property 17. Don Lacy--Beverly Rd. Annexation Assoc. Discussion 18. Jack Harville—Timetable for water/sewer on West Cemetery Road 19. Housing Rehabilitation.Program—Elsbury Project 20. Vernon Cerveny Visioning Committee Report 21. Branching Out 22. Jeff Krouse—Speed bumps on Fairfax Rd. & Church St. 23. Star Bar & Grill Cigarette Permit 24. Fairfax HandiMart Liquor License 25. Ron,Dusil —Liquid Engineering Contract 2007 26. Mayor Voss--Integrity Document Management Program 27. Discussion of Consent Agenda 28. Approval of Claim List dated September 14, 2004 29. Reports a. Sheriff Department b. Library c. Fire Department d. Maintenance Department 1. Discussion on Purchase of Truck 30. Discussion a. Opportunity for citizens not on agenda 31. Mayor Comments 32. Adjournment CITY OF FAIRFA REGULAR COUNCIL MEETING SEPTEMBER 14, 2004 Regular meeting of the Fairfax City Council was held Tuesday, September 14, 2004 at Fairfax City Hall at 7:00 PM. Mayor Vass presided. Council members present: Beer, Frieden, Scott, Glick. Wainwright arrived 7:55 PM. ethers present: Ron Dusil, Dave Yanecek, Nancy Flickinger, Dick Ransom, Casey Clark, Melody Vance, Barron Stark, Brent Schlotfeldt, Don Lacy, Vernon Cerveny, Jeff Krouse, Steve Waln and various citizens. Frieden moved to approve the agenda and the Clerk's Financial Statements, seconded by Glick. .Roll call vote: Ayes: Beer, Frieden, Scott, Glick. Nays: None. Absent: Wainwright. Motion carried. Beer moved to approve and place on file the minutes of the regular council meeting dated August 10 2004, the minutes of the Planning & Zoning Commission meeting dated August 9, 2004, seconded by Frieden. Roll call vote: Ayes: Beer, Frieden, Scott, Glick. Nays: None. Absent: Wainwright. Motion carried. Mayor Voss announced this was the time and place for a public hearing on the matter of the proposed voluntary annexation and rezoning classification of property owned by Selzer Farms, located at 1108 Williams Blvd,more particularly described as: SW 114 of SE 114 and the NW 1/4 of SE 1/4 all in Section 16, Township 82 North, Range 8, Linn County, Iowa. Notice of this hearing was published in the Cedar Rapids Gazette on the 30th day of August 2004 and notices were mailed as required by law. Council reviewed Recommendation 2004-02 submitted by the Planning 8r, Zoning Commission to approve the annexation,and rezoning classification. Lonn°iie Engledow, 1101 Williams Blvd., Fairfax, IA, stated that when he remodeled he went to the county for his permits and wondered why that couldn't be done now. Lauralce Banes, 220 East S'outlYiview Rd., Fairfax, IA, presented the question as to why the property needed to be rezoned from Agricultural to Residential and wondered what the city's responsibility would be if the property was annexed and who would maintain that half of the road. Leon Evans wanted to know why he wasn't notified of previous annexations. Stan Moore, 300 East Southview Rd., Fairfax, IA, had concerns about the traffic on the road and was concerned about a possible future housing development on the property. Jeff Krouse, 734 Church St., Fairfax, IA expressed concerns of a possible hog confinement, if property zoned agricultural. Questions were raised as to if the land could still be fan,axed if zoned residential. Dick Ranson, Hall lei Hall Engineers stated that under the 44 RS (Single Family .Residential) agriculture is not permitted, even under special exceptions. He also stated that the front yard setback is 50 ft. whether in city or county. Upon due consideration, Sam Selzer, representing Selzer Fan-ns, requested that the rezoning classification upon the approval of annexation of said property remain AG (Agricultural). There being no further comments,Mayor Voss declared public hearing closed at 7:35 PM. Frieden introduced the following Resolution and moved its adoption, seconded by Beer. Roll call vote: Ayes: Beer, Frieden, Scott, Glick. Nays: None. Absent: Wainwright. Motion carried. Whereupon the Mayor declared the following duly adopted: Resolution No. 2004-25 entitled, "A RESOLUTION APPROVING THE VOLUNTARY ANNEXATION AND ZONING CLASSIFICATION OF PROPERTY LOCATED AT 1108 WILLIAMS BLVD, FAIR A , 4 i IA (Selzer Farms, David L. Selzer, Request)". Passed and approved, this 14th day of September 2004. Mayor Voss announced that this was the time and place for a public hearing on the matter of proposed Ordinance 23, amending the Fairfax Zoning Ordinance of 2000 — Section 1.07.E C2: Highway Commercial District. Notice of this hearing was published in the Cedar Rapids Gazette on August 30, 2004. Council reviewed Recommendation 2004-01 submitted by the Planning & Zoning Commission to approve proposed amendment, which was subject to the Council's enforcement of Item E. Outdoor Storage Requirements of said Section. Ron Dusil reported to council the purpose of this public hearing is to consider adding Item. 20 - Automobile body and paint shop to said section. No written objections were filed and no oral objections were offered from the audience. Mayor Voss declared public hearing closed at 7:40 PM.. Beer introduced Ordinance No. 23, AN ORDINANCE AMENDING THE FAIRFAX ZONING ORDINANCE OF 2000 OF THE CITY OF FAIRFAX, IOWA, BY AMENDING PROVISIONS PERTAINING TO SECTION 1.07.G. C2: HIGHWAY COMMERCIAL DISTRICT. Beer moved that the rule requiring that an ordinance be considered and voted on for passage at two council meetings prior to this meeting be suspended with respect to Ordinance No. 23, seconded by Scott. Roll call vote: Ayes: Beer, Frieden, Scott, Glick. Nays: None. Absent: Wainwright. Motion carried. Beer moved that Ordinance No. 23, AN ORDINANCE AMENDING THE FAIRFAX ZONING ORDIANANCE OF 2000 OF THE CITY OF FAIRFAX, IOWA, BY AMENDING PROVISIONS PERTAINING TO SECTION 1.07.G. C:2 HIGHWAY COMMERCIAL DISTRICT, be considered for the third time, placed upon its passage and adopted, seconded by Scott. Roll call vote: Ayes: Beer, Frieden, Scott, Glick. Nays: None. Absent: Wainwright. Motion carried. Ordinance No 23 is declared to have been enacted. Beer moved to approve the second reading of 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 DEFINITION, and to waive the third reading, placed upon its passage and adopted, seconded by Glick. Roll call vote: Ayes: Beer, Frieden, Scott, Glick. Nays: None. Absent: Wainwright. Motion carried. Ordinance No 221s declared to have been enacted. Beer introduced the following Resolution and moved its adoption, seconded by Glick. Roll call vote: Ayes: Beer, I,rieden, Scott, Glick. Nays: None, Absent: Wainwright. Motion carried. Whereupon, the Mayor declared the following duly adopted: Resolution No. 2004-26 entitled, "SETTING A DATE FOR A PUBLIC HEARING ON A LOAN AGREEMENT IN A PRINCIPAL AMOUNT NOT' TO EXCEED $700,000". Passed and approved this 14th day of September 2004. Scott introduced the following Resolution and moved its adoption, seconded by Beer. Roll call vote: Ayes: Beer, Frieden, Scott, Glick. Nays: None. Absent: Wainwright. Motion carried. Whereupon, the Mayor declared the following duly adopted: Resolution No. 2004-27 entitled, "A RESOLUTION SETTING PUBLIC HEARING FOR AMENDING THE FAIRFAX ZONING ORDINANCE OF 2000'. Passed, and approved this 14th day of September 2004. Frieden introduced the following Resolution and moved its adoption,, seconded by Beer. Roll; call vote: Ayes: Beer, Frieden, Scott, Glick. Nays: None. Absent: Wainwright. Whereupon, the Mayor . . ................. declared the ',Following duly adopted: Resolution No. 2004-28 entitled, "A RESOLUTION WAIVING THE CITY OF FAIRFAXIS RIGHT TO REVIEW THE FINAL PLAT OF THE RONCALLI SUBDIVISION TO LINN COUNTY". Passed and approved this 14th day of September 2004. Council reviewed proposals submitted by Clark Farms, LTD and Nutri-JectSystems, Inc. for the removal of the biosolids from the primary lagoon cell and for the land application of the removed sludge. Frieden introduced the following Resolution and moved its adoption, seconded by Glick. Roll call vote: Ayes: Beer, Frieden, Scott, Glick. Nays: None. Absent: Wainwright. Motion carried. Whereupon, the Mayor declared the following duly adopted: Resolution No. 2004-29 entitled, "A RESOLUTION AUTHORIZING THE CITY OF 'FAIRFAX TO ENTER INTO AN AGREEMENT WITH CLARK FARMS, LTD FOR BIOSOLIDS 'REMOVAL FROM LAGOON CELL NUMBER ONE". Passed and approved this 14th day of September 2004. Wainwright arrived at 7:55 PM. Upon the request of Vernon Cerveny, Mayor Voss appointed Dot Pospisil, Jacob Hargrafen and Lisa Marie Forcier to serve on the Library Board of Trustees. Frieden moved to approve the Mayor's appointments of the Library Board Trustees, seconded by Scott. Roll call vote: Beer, Frieden, Scott, Glick, Wainwright. Nays- None. Motion carried. Melody Vance, Vance Storage, requested approval of a building permit for an additional storage building on the west side of her lot. Steve Waln expressed concerns as to whether the 15 inch culvert would accommodate 4 acres of run off. Dick Ransom assured council that it would be sufficient and that the water should drain to 80"h St. with the east and south drainage going into a pond. Ransom reported the plan needs minor revisions. Scott moved. to approve and issue the building permit for the storage building contingent on the plan being revised, with all grades being checked, approved and documented by Dick Ransom, Hall &Hall Engineers, seconded by Beer. Roll call vote: Ayes: Beer, Frieden, Scott, Glick, Wainwright. Nays: None. Motion carried. Frieden moved to approve and issue a building permit to Barron Stark, Stark Enterprises, Inc. contingent on all grades being checked, approved and documented by Dick Ransom, Hall & Hall Engineers, seconded by Beer. Roll call vote: Ayes: Beer, Frieden, Glick, Wainwright. Nays: None. Motion carried. Brent Scholtfeldt, Ardor Homes, presented the Council with information on his proposed plans for developing the Murphy property. There were concerns expressed about leaving some green space and questions as to how utilities will be provided to this property. The land may be divided up into approximately 120-- 130 lots. Don Lacy discussed some concerns of the Beverly Rd. Annexation Association and possible future acceptance into Fairfax. The Housing Rehabilitation Program regarding the Elsbury project was discussed. Council concurred that the project will not be closed and that the City's ordinance regarding submersible pumps will be enforced. th Vernon Cerveny reported on the Visioning Committee. The scheduled September 14 meeting was rescheduled to September 21. At the last meeting topics of discussion were the Hwy 151 corridor, signage, and Vanderbilt St. The walking trail would be a community builder. A proposed central park on the north side of the creek was mentioned. Councilor Beer agreed to take on the Alliant Energy and Trees Forever project called Branching Out, with the assistance of Vernon Cerveny. Council approved matching funds in the amount of $2,500 for this project if the grant is awarded. Jeff Krouse voiced concerns about traffic speeding on Fairfax Rd. and Church St. Mayor Voss informed him that 2 speed bumps are going to be installed in an effort to eliminate the problem. Beer moved to approve the Star Bar & Grill's cigarette permit, seconded by Glick. Roll call vote: Beer,Frieder, Scott, Glick, Wainwright. Nays: None. Motion carried. Wainwright moved to approve the renewal of the Fairfax HandiMart's liquor license, seconded by Glick. Roll call vote: Ayes: Beer, Frieden, Scott, Glick, Wainwright. Nays: None. Motion carried. Scott moved to approve the 2007 contract with Liquid Engineering Corporation for in service assessment and cleaning of the water storage tower, seconded by Wainwright. Roll call vote: Ayes: Beer, Frieden, Scott, Glick, Wainwright. Nays: None, Motion carried. Mayor Voss discussed the hitegrity Document Management Provam, The Council decided not to proceed with the program at this tirne. The Deputy Clerk discussed the use of a consent agenda to help streamline meeting procedures. She stated that consent agenda items are considered to be routine and non-controversial, with documentation provided to the Council that is adequate and sufficient for approval without inquiry or discussion. Consent items will be taken into consideration and reviewed by Council at the October 12, 2004, meeting. Beer moved to approve the Claims List dated September 14, 2004, seconded by Wainwright. Roll call vote: Ayes: Beer, Fnieden, Scott, Glick, Wainwright. Nays: None. Motion carried. Reports: The Sherifff s report was given by Deputy Jim Dunn and the Call for Service Log submitted. Vernon Cerveny reported that the Library's patronage was up 47% during the months of June, July and August. Pictures of Fairfax history are on display in the Community Room at the library. The purchase of a trash receptacle and cigarette receptacle was approved. Roll Dusil, maintenance, discussed the purchase of a truck to replace current pieces of machinery. There being no further business before Council, Mayor Voss adjourned the meeting at 9:30 PM. MAYOR: Bill Voss ATTEST: Connie Frame Disclaimer: The foregoing minutes are not official until approved by Council. a r" r N y STATE OF IOWA Counties of Linn and Johnson ss. I, Joe Hladky, being duly sworn on oath, do state that I am the publisher of THE GAZETTE, a daily newspaper of general circulation in Linn and Johnson Counties, Iowa.. The notice, a printed copy of which is attached, was inserted and published in THE GAZETTE newspaper iii the issue(s) of se t. 25- 20 04 The reasonable fee for publishing said notice is $200.28 Signed and sworn to before me on Sept. 29 , 240.4 by Joe Hladky. i Notary ublic in and feg the State of Iowa Received payment for above from 20_. e GAZETTE COMMUNICATIONS, INC. ey 1 M Comm Y= am,�. e FEBMA E STATE OF IOWA Counties of Linn and Johnson SS. Cr YOF F,6IRFAX C rtCt 60 PUBLIC HEARINs. VXOLUI+NTiER At!INEXAT1ON 8m ZON+NIN6`CLASSIFICATIOIU TO WHOM I �l�e Flladky, being Y b�n6fif(ed that a Public Heddh9f witl be held , eln dui Sworn Can oath do state that I am bef+afe 1ha.City Pl�nn�r4 anda�onln4"Commis �i n tl,eF�xr, xc�Y cnunclla ,hecl,� f .; the publisher her of THE GAZETTE, a dally newspaper of fratrtax;Iowa,,upan the a Pllcatiattfar:.wdlun general circulation in Linn and Johnson Counties, Iowa. The tarn a Yo the �,r filed by Selzer F6vfiis',ownery of the premises described as, notice, a printed copy of which is attached, Was inserted and ]146 WalTiamns r3lvii Fa'vrfax,'.iowarro[a par t€C4€lLL.described as: published in THE GAZETTE newspaper in�the issue(s) of 'ALL.THAT.PART OF THE SW1l4 OF r g1 1 P�&AKD TWE NW IM OF SE U4 ALL tN S..E,"N'tb(j16;TOV.VNSWIP 82 NORTH RANdS.6-Y_04N COUNTY IOWA. for 6onex4t n dsald property with the zonin ela53NflCalrtort�t46_l'�S tResidentfal Single Fam .� ' €lye All Irafete9 persons may review the pro-exatien Aug. 5 20 posed Valum.ary 4nn end f€le theft cam- mt=ntstnwzatan�WiththeCINClerkof Fairfax, The reasonable fee for publishing said notice is $ 15.76 taws.The safctteadhg.wiH;be held before the Fairfax Planning:_and Zontn9 commission at FalrfaX city H611.6h,Mandan,.September 19, 2046 aY 2.G0 PM;6r soon thereafter;at which lime and place va»may appear and be heard In regard to the a0011catl61i.' The Public Hearing 6 4 t*same apptilc2ttlarr wilt be held befog euncil drr i Tuesda`v,Se tatambar l4 2446 al 7 dq,PM or saerk Thereafter, a,Fairia7c:'Clty Waff - Cdnnte Fame,t itu Tilerk Signed and sword to before me Tin: Sept.. 8 , 0 04, by Joe Hladky. Notary ublie in and f the State of Iowa Received payment for above from F 20—. GAZETTE COMMUNICATIONS, INC. By W s FgMVJAM 4a on DORSEY September 10, 2004 Connie Frame City Clerk City Hall 525 Vanderbilt Street Fairfax, Iowa 52228-0337 Re: $700,000 General Obligation Wastewater Treatment Loan Agreement Our File No. 419915-7 Dear Connie: At the request of Larry Burger, we have prepared and enclose proceedings for the September 14 Council meeting to enable the City Council to fix. October 12 as the date for a hearing on the proposal to enter into the General, Obligation 'Wastewater Treatment Loan Agreement. The documents enclosed include the following items: 1. Resolution fixing the date, time and place of the meeting at which time it is proposed to hold a hearing and take action to enter into the Loan Agreement. The form of notice of hearing is set out under Section 2 of the resolution, and an extra copy is enclosed for delivery to the publisher. Please insert the time and place of the hearing in both the resolution and the notice. 2. Certificate attesting the transcript. 3. Organization certificate. 4. Certificate with respect to publication of the notice, to which must be attached the publisher's affidavit of publication with a clipping of the notice as published. The notice must be published at least once not less than 4 nor more than 20 days before the meeting date set for the hearing, in a legal newspaper which has a general circulation in Fairfax. Please fax a copy of the published notice to our office at (515) 283-1050 as soon as possible. DORSEY & WHITNEY LLP - ATTORNEYS AT LAW • WWW.DORSEY.COM •T 515.28:5.1000 F 515.288.1060 • 801 GRAND • SUITE 3900 - DES MOINES, IOWA 50309-2790 USA CANADA EURMPE ASIA Page 2 0 C) R - Y As soon as possible after the Council meeting, please return one fully exec-lited copy of all of the completed pages in these proceedings. If you have any questions, please call me. Very�ruly yours, ° °Rob6 'E. Josten BJ:cf i airfax/419915-7/1 9t'/a NA Enclosures cc: Larry Burger DORSCY 8:WHITNEY LLP ...... ..... ........... ORDINANCE NO. 23 AN ORDINANCE AMENDING THE FAIRAX ZONING ORDINANCE OF 2000 OF THE CITY OF FAIRFAX, IOWA, PERTAINING TO SECTION 1.07.G. C2: HIGHWAY COMMERCIAL DISTRICT Be It Enacted by the City Council of the City of Fairfax, Iowa: SECTION 1. Section 1.07.G C2: Highway Commercial District, Subsection A. Permitted Principal Uses and Structures, of the Zoning Ordinance of the City of Fairfax, Iowa, is amended by repealing Subsection A. and adopting the following in lieu thereof' A. Permitted Principal Uses and Structures: 1. Banks and financial institutions. 2. Bowling alleys, skating rinks,dance halls, theaters,places of amusement, golf driving ranges and miniature golf. 3. Building materials dealers. 4. Bus and railroad terminals. 5. Business offices, 6. Churches and temples. 7. Commercial storage garages. 8. Convenience stores. 9. Drive-in restaurants. 10. Farm implement displays and sales, service and repair. 11. Fruit, vegetable and produce stands. 12. Health clubs., 13. Mobile and Manufactured home sales. 14. Motels and hotels. 15. Motor vehicle sales, service and repair service stations and car washes. 16. Private clubs or lodges. 17. Restaurants, cafes,nightclubs and taverns. 18. Shopping centers or malls 19. Supermarkets and retail business. 20. Automobile body and paint shop. 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. Passed by the C0.1gicil on the day of 2004, and adopted this day of 2004. Mayor TEST: If) A City Clerk 1 certify that th foregoing was posted as Ordinance No. os on the day of 2004.1 City Clerk FACILITY PLAN for the MUNICIPAL WASTEWATER COLLECTION SYSTEM and TREATMENT FACILITIES CITY OF FAIRFAX, IOWA SUMMARY AND CONCLUSIONS Scope of This Report This wastewater facility plan of action provides a framework for City officials to base management decisions for maintaining and expanding the municipal sewage collection and treatment facilities. This plan is being developed to aid communication between the City of Fairfax, its neighbors, local developers and the Iowa Department of Natural Resources (IDNR). This plan should provide a useful tool for the public and the ID,NR in making permit review and approval decisions. Major Conclusions 1. The City's existing wastewater treatment system does not meet the current State permit requirements, so the City must expand or replace the existing system. The existing lagoons were intended to operate as storage ponds with controlled discharge in the spring and fall. In recent years the ponds are filling at a more rapid rate requiring discharge several times during the year. During these times water quality will often not meet the current water quality limits and will not meet future limits. 2. City officials have met with the IDNR officials to discuss their situation and plan for both short term and long-range capital improvements. The IDNR has prepared a new waste load allocation for Fairfax, which describes the concentration and pounds of ammonia nitrogen, which may be discharged into Prairie Creek, 3. The current arrangement with Cedar Rapids provides sewer service to Prairie View Estates, but the service costs are excessive. Fairfax is considering expansion and modifications to their collection and treatment facilities to: a. reduce the costs of this service by diverting sewage back to Fairfax, b. meet the current IDNiR water quality requirements, c. provide for future growth, and d. become independent from Cedar Rapids. 4. The residential population of Fairfax has more than doubled in the last few years. The current estimate is about 2,000 residents. Given the close proximity to Cedar Rapids, and by observing the housings activity nearby there is reason to believe that growth rates will continue in the near term. Similar growth rates are also experienced in other outlying communities in Linn and Johnson County. Since it is impossible to make an accurate population forecast, it was decided to make a treatment facilities plan which will accommodate modular expansion. The first module will serve approximately 4,000 people and the 2"J module will provide for 6,000 people. 10/12/2004 5 Engineering consultants are studying the entire corporate limits to make a comprehensive sewage collection and treatment plan. The whole community was divided into six regions: a. Northeast; b. Conservation; c. Southeast; d. Southwest; e. Old Town; f. Northwest The plan is being developed 'For new collector sewers to serve existing areas with no public service now as well as for all new undeveloped areas. 6. The current pond system can be converted to an aerated lagoon to gain some treatment capacity, however it would not be able to achieve acceptable treatment results for ammonia nitrogen discharged in the spring. The best use of the existing pond system is to serve as a flow equalization basin and support a new mechanical plant during peak flow periods. 7. There is adequate land available on the existing site -for the new mechanical treatment plant. A careful sequence of construction events must be followed to minimize the environmental impact on Prairie Creek. The best location is where the east pond cell is today, and it could be available after the west two pond cells are restored to maximum capacity. 8. The immediate improvement plan is to remove accumulated sludge from the west pond. This process is underway now as the contractor, Clark Farms has been selected, a price and budget have been established, sludge testing is completed and negotiations are underway with the landowners. Three or four landowners are interested because this material will recycle useful nutrients to the cropland. 9. An activated sludge treatment plant could be constructed in modules, on the east side of the existing -treatment site. Since the proposed plant can be constructed in modular units, more capacity can be added as community growth warrants. Several processes, machinery choices and structural configurations are available, but the City is strongly encouraged to consider those which are: a. Relatively simple to construct, operate and maintain. b. May fit within the land already owned and available if possible or otherwise, c. On land which could be obtained within a reasonable distance on an appropriate site. d. Reliable, requiring minimal routine supervision for daily use. e. Modular, allowing for growth or expansion as additional treatment capacity is required., f. Will meet the water quality discharge limits required with a reasonable capital expense. g. Does not require frequent disposal of biological sludge. h. Makes maximum use of existing treatment ponds, pumps and piping systems. 10. A preliminary project cost estimate was prepared based on construction of an activated sludge plant on the existing treatment pond site. The total cost for treatment improvements is estimated at $2,250,0010. The costs for collector sewers and pumping stations have not been estimated yet. 11. Costs for the capital improvements, annual operation and maintenance will require the city to increase public sewer, rates, but the rates in Fairfax are among the lowest in the region today. 10112/2004 i HALL & HALL ENGINEERS, INC. October 12, 2004 Honorable Mayor Voss and City Council City of Fairfax, Iowa 525 Vanderbilt Street P.O. Box 337 Fairfax, IA 52228-0337 i Re: Sanitary Sewer and Water Main connection charges On August 11, 2003, we presented a proposal for connection fee charges for sanitary sewer and water main within the City of Fairfax, a copy of which is attached. Since that proposal was presented two buildings have been constructed for which sanitary sewer and water service connection charges need to be collected. One is the Professional Plumbing building, which is connected to the 80th Street sanitary sewer and water main. The other is the Stark Enterprises building on E. Cemetery Road. Based on the proposed connection policy the connection fee for each would be as follows: 1. Professional Plumbing; Based in the proposed) policy and the current code for commercial property the sanitary sewer connection fee would be the percentage of the served area compared to the overall service area times the total project cost. In the case of Professional Plumbing the total lot area is 1.20 acres and the service area is 26.3 acres for the 80th Street Project. The total cost of the project including construction, engineering and easements was $71,600.55. The connection fee for both sewer and water would therefore be: 1.20126.3 = 4.56% x 71 600.55 = $3266.94 Should the City Council desire to participate in providing sewer and water service to Commercial areas within the TIF district then the connection fee would be 1/2 or $1,633,47. 2. Stark Enterprises: A similar method of calculation is recommended for this property. The area of the developed parcel includes both lots or 3.02 acres. Based on the service being provided from the East Cemetery Road Sewer and Water Project, the total service area of that project was458 acres. The total project cost was $473,348.05. The connection fee for sewer and water would therefore be: 3.02 /458 = 0.66% x 473,348.05 = $3121.16 '/z that amount is $1,560.58. These connection charges would be allowed under the current code for Sanitary Sewer. There are no provisions for water connection fees within the current code, Res ectfully Sub tted, Richard C. Ransom, P.E, City Engineer r - HALL & HALL ENGINEERS, INC. Date: August 11, 2003 To: Honorable Mayor and City Council City of Fairfax, Iowa From: Dick Ransom, City Engineer Subject: Recommended Policy for Sanitary Sewer and Water Main Extensions Honorable Mayor and City Council: At the May City Council Meeting Dennis Keitel presented a Preliminary Engineering Report for Sanitary Sewer and Water Main Extension on 801h Street to serve Karal's 2nd Addition. Since that time we have considered recommendations for a policy for cost sharing approach for sanitary sewer and water main extensions. The following is a proposed policy for those extensions. Commercial/Industrial Propprties: In general most of the commercial/industrial property that is developed and does not have sanitary sewer and water main service is located north of Prairie Creek along Highway 151. This area is also included in the City's TIF district. Based on that consideration we would recommend the following policy for Commercial/Industrial Property: The cost of any sanitary sewer and/or water main extension be shared on a 50-50 basis between the City and the area served by said extension. The cost to the individual lots served would be divided on an area basis for each lot compared to the total area served.. This recommendation is based on the following considerations: 1. Commercial/Industrial properties are generally within the City's TIF district which provides the City with a mechanism to finance new sanitary sewer and water main extensions independent from the City's general tax base or rate structure. 2. Cost sharing for services to Commercial/Industrial properties provides an incentive for new growth in This area. 3. Commercial/Industrial Property is currently taxed at 100 percent of its assessed value. ............................ .............. . . ........ 4. Determining the cost share between the properties served on an area basis is more representative of the value of the service to the parcel than other methods. Residential Property: We would recommend sanitary sewer and water main extensions that serve residential property be extended on a cost per front foot basis. This method provides a better comparison for residential properties than the area method. It is also consistent with the current code provisions which establishes a fixed fee and front foot cost for connections to sanitary sewers. The Municipal Code for water mains does not have a similar provision, A copy of the sanitary sewer code section regarding connections is attached. For ease of administration we would recommend a fixed amount for the residential connection fee. Based on a price to install sanitary sewer on a per foot basis of$20.00 per foot, we would recommend the set fee would be $10.00 per front foot for sanitary sewer. For water main we would recommend a set front foot connection fee of $8.00 because the cost of installation of water main is generally lower. Following City Council consideration of the policy,, it appears that ordinance amendments would be needed to establish the policy, We would recommend the front foot fee be established by resolution in order to allow greater flexibility for adjustments. Respectfully submitted, Richard C. Ransom, P.E. City Engineer 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 DEFINITION BE IT ENACTED by the City Council of the City of Fairfax,Iowa: SECTION 1. SUBSECTION MODIFIED. Subsection 9 of Section 50.02 of the Code of Ordinances of the City of Fairfax, Iowa 2002, is repealed and the following adopted in lieu thereof: 9. Grass, weeds, brush. Dense growth, of all grass, weeds, vines, brush, or other vegetation in the City so as to constitute a health, safety or fire hazard. Each owner and each person in possession or control of any property shall be responsible to keep said lot mowed. 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 ftorn, and a:ftC]7 itSfirial,passage, approval and publication by posting as provided by law. Passed by the Council this 11-7"- day of 2004, and approved this day o Bill Voss, Mayor ATTEST: Connie Fram4CiAty clerk � First Reading: Second Reading: Third Reading: WAVA I certify that the .foregoing as published by posting as Ordinance No. on this , ff� ___S�dayof N— 2004. RESOLUTION NO. 2004-29 RESOLUTION ACCEPTING PROPOSALS FOR BIOSOLIDS REMOVAL AND DISPOSAL AND ENTERING INTO AN AGREEMENT WITH CLARK FARMS, LTD WHEREAS, on the 14th day of Segtember, 2004 proposals were received with the Clerk of Fairfax, Iowa, for the primary cell biosolids removal and disposal at the Fairfax Wastewater Treatment Lagoons; and WHEREAS, the proposal received from Clark Farms, LTD for $97,499 if no trucking is required, and $139,000 if trucking is required was lowest qualified proposal, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAIRFAX, IOWA: That the proposal from Clark Farms, LTD for said project be accepted, and the Mayor and City Clerk be authorized and directed to enter an agreement with Clark Farms, LTD for said work. PASSED AND APPROVED THIS 14th DAY of September, 2004. AYE: NAY: ABSENT: William Voss, Mayor ATTEST: Co--nnie Frame, City Clerk 4r4 f SOLUTION NO. RESOLUTION WAIVING THE CITY OF FAIRFAX'S RIGHT TO REVIEW THE FINAL PLAT OF THE RONCALLI SUBDIVISION TO LINN COUNTY WHEREAS, the City of Fairfax has adopted Ordinance 166.01 regulating the procedure for subdividing county land within two (2) miles of its boundaries; WHEREAS, the City of Fairfax's City Council has entered into a Intergovernmental 28E Agreement with the City of Cedar Rapids providing for inter, alia. waiving review of a county plat located within the area reserved for annexation to Cedar Rapids; WHEREAS, the City of Hiawatha's City Engineer has reviewed the Final flat of the Roncalli Subdivision to Linn County, Iowa and has found that the Final Plat is within the Cedar Rapids annexation area. The City Engineer has recommended that the City Council adopt this Resolution waiving the City of Fairfax's right to review; WHEREAS, the City of Fairfax resolves to waive its right to review the Final Plat of the Roncalli Subdivision to Linn County; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF FAIRFAX, IOWA, to waive the City's right to review the Final Plat of the Roncalli Subdivision to Linn County, Iowa, and the Mayor and the City Clerk are hereby authorized and directed to execute said Resolution. AYES- NAYS: Passed and approved this f 'f day ofd-lp 004. Bill Voss, Mayor ATTEST: Connie Frame, City Clerk r TRANSMITTAL LETTER: MAATTA ENGINEERING TELEPHONE: 319-390-3283 PO BOX 8201 CEDAR,RAPIDS, IOWA 52408-8201 FAX: . .319-390-1175 Froze: Jim Maatta Date: 7-30-04 Project 2002012 No. To: City of Fairfax Company: City Hail 525 Vanderbilt Fairfax, Iowa 52228 Fax Number Telephone:, 319-846-2204 FINAL PLAT REVIEW Re: RONCALLI ADDITION TO LINN COUNTY 80TH ST SW Cedar Rapids, Iowa 52405 Dear Mayor and Council, Attached is a Final Plat for review. The plat is covered by a 28E agreement with Cedar Rapids, who have approved this plat. Linn County Planning wants your concurrence in this matter in writing.Please advise if the agreement has changed and you require a final plat submission. If this view is correct please advise the Planning Department in writing that you have no objections to this plat. Please feel free to call if you have any questions. Attachments: 2 copiesFinal Plat i SOLUTION NO. m RESOLUTION SETTING PUBLIC HEARING FOR AMENDING THE FAIRFAX ZONING ORDINANCE OF 2000 � BE IT RESOLVED, That the Fairfax City Council does hereby set the date of Tuesday, October 12, 2004 at 7:05 PM or soon thereafter, for a Public Hearing for the purpose of public input on amending the Fairfax Zoning Ordinance of 2000, Section 1.07.0 — RS: Single Family Residential, Subsection. D. Bulk, Regulations and Section 1.07.C. RM: :Multiple Family Residential, Subsection D. Bulk Regulations; and, 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 o , 2004, AYE NAYS: ABSENT: LOWAVY Bill Voss, Mayor ATTEST: Connie Frarne, City Clerk GRAPHIC SCALE a too 100 �b \co T CN88°47°52'W) (IN I'E6'r) shy N88'59'38'W SCM POUND SW 1/4 SE 1/4 ,SEC 33, T83N, R8W RECORr>EO(r1� NOTES: 1 IRbe,°2°°� r7 t S 1/4 CORNER ` SEC 33, T83N, 8841 ti r�'�� SECTION 33-Ta3N-R8W ^ e,�oaEA O"CAL) SE 1/4 SE 1/4 r TM SURVEY WAS COMPLETED RiNB 9,2001- <S88°36'30'E5 v j ff C85L CN88 POINT OF (43.7') I \� NORTH LINE OF SECTION 4--82-8 N8813ti. TBEERROROF CLOSURE WAS BETTERT ML177,000. BEGINNING S88.34'29'E� . 43.69' SCM POUND (53,42') 1790.59' ------------------ -_-_--::7 N 1/4 53.42' - I -� 77101' 10'ADHLIC t1TILITY EASENENT -- ----�---� N 1/4 CORN + SECTION 4 I I I NE CORNER T132N-Raw I I 20' f SECTION 4 IkErruT EMYr`fl' T82N-R8W . { I j { ^ I I TYPIEAL + L11d I I'-ukC I. W I € EAS 1 xY M C6 M ch I vIM + • i I r { z? rl I a {m ^ LOT 1 oI rn $� I Cn Z W i 10.00 ACRES ! M ?m N fr1 1/2 NE 1/4 ,SEC 4 ,T 82 N, R B W. v N i m o� LJ t LL1 • t} W N7 z N z w I g � 'C2. r lm 3 3 fu (n to 1/2-MOJ AOD r*JND R267 M' CAP t6ER L_ ...... 589.27'59'E --" " P� t\Ot� Aril Q a PLAT I _ x/11 l.1 001 �rr T 45L32_ RQNCALLI DR]yE - S G� p? ?Z.; n �� � I o L®1 A RESERVATION 394a4'�S�- J� I 'm r M AREA 83.73 ACRES I w LOT•A•TO 9E PRIVATELY I 1.20 ACRES _ •) n co vi L-__-_-__ ------ I I 'Ci 20� <2448m I r~ Y7 0- IAN OWNED AND lAA1MAINED. � r�0 29!.84' + I P N a 58927'S4•E �yg�ZA, 3 c: N to {'^___...452.39'-' ---- + I n` v �v IpIkk SC /1 1�Dw7 1PLL1IITDTLLYiC 4 £ANT 11 W EASEMENT i0 I I o S I M 20,In a� M I IP ° wOSio a 70..12 ACRES i i "2.41 ACRES ; N�� a v I� IVPUBLIC 5g�y]�1O �vENr(WEST) I z k 00 EA�NT i L1_--- N88`46'bTW o a---7---294,62' ---1 a1 / --- \ M ROD FOUND �Y (294.64') I - a_ uN;W I CAP 83 I _ PROPERTY LIOCATIJO �N a 1� W 3100 BLOCK 80th STREET SW Z5 10)TOWNSHIP 1� °` I� 4 \ 50' WIDE GAS EASEMENT - j o r �CC) RECD REDED BOOK 2083, PAGE 438 I \ \/ LINN COUNTY RECORDER'S OFFICE \�� M \ �\ 1/2" IRON ROD FOUND T �h a \ YELLOW CAP 9647 �. N \ K NAIL FOUND BRAIN (TYPICAL) I� SE CORNER \\ UNLESS OTHERWISE NOTED 1 o NE FRL 1/4, w \ - - Iv ° NE FRL 1/4. \ \ (2597.1P') I SECTION 4 2596.98' PROPERTY LINE (TYPICAL) i TT82N-R8W 50 v 3 i�SW CORNER NW FRL 1/4,NE FRL 1/4 SOU LINE OF THE NORTH FRL 172, NORTHEAST FRL 1/4 OF SECTION-4 E S 88'47'08' E W 1/4 \� SECTION 4-Ta2N-R8W NE 1/4 NE it 3 SEC 4, T$2N, ReW <S 88°44,10, E) SE 1/4 S z$ 0� 01�lYER SEC 4, T82N, R$W ARCIIDIOCESE of DUBUQUE CURVE TABLE ��w \� or* � 1229 MT WPJUTA AVENUE 1XIG13�A us 30 vE 5�1�+ DUBUQUE, IOWA 5200 4-04 75 LEGAL DESCRIPTION CHORD n a co 1-( 800 �- 871-35.{1 CURVE LENGTH RADIUS DELTA ANGLE CHORD DIRECTION > h THAT PART OF THE NORTH FRACTIONAL HALF OF THE NORTHEAST FRACTIONAL QUARTEROF 5FCIION 4, o qy TOWNSHIP 82 NORTH,RANGE 8 WEST,OF THE 5r"P.M.,LINN COUNTY,IOWA,DESCRIBED AS FOLLOWS: C2 $4741 33300 2s1e� 141$1 sfiaro7'41hr ,30 Is,f1~ LEGEND C3 83.77 333M 1'05.23' 23.76 N88'29'19'E A I C3 Imm 333M 3D'5wur k77.68 N7W57129'E �. ® wa+ prim COMMENCING AT THE NORTHT CORNER C 17 SECTION 4;THENCE ALONG THE NORTH LINE OF SAID C5 k09m 26700 83------ ]ae�4 se7na 02•w PLAT ° 6/°•WoN PIN s[T o Prelfmin Plat Prepared 6 ,fame3 Naotta P.E, a� BE+Tk''R1M5 w/rar a ,4761 SECTION.N 88°34'29"W,43.69' HE POINT GINNING,THENCE ALONG SAID LINE,N 88 34'29"W,2561.60' arl K LOCATION °1 (MAY) TO THE SOUTH QUARTER CORNER OF SECTION 33,TOWNSHIP 83 NORTH,RANGE 8 WEST;THENCE ALONGSAID ANAL PLAT PREPARED 6-02-04 kloatta fnglnser3ng PO Box 8267, Cedar Rapids Iawa DATE' to-za-Ca �cTrof1 LINE N 88°59'38"W,53.42'TO THE WEST LINE OF THE NORTHEAST FRACTIONAL QUARTER OF SAID SECTION 4; �y�1 g�7FINrArL LAT7r�T CEHE7'ARY "'- ""' I W)M cwnrr THAT m TNIP 'a swMT t ..,•,.„ RO Y C �,r•a ADDITION d oN ItDAD $A aaEN1 r THENCE ALONG SAID WEST LINE,S 000 25'11"'W,1406.53'TO THE SOUTH LINE OF THE NORTH FRACTIONAL HALF µ00a ULY�SM�eWA��r c -------- Kmn1 AS af01e0 OF THE NORTHEAST FRACTIONAL QUARTER OF SECTION 4;THENCE ALONG SAID LINE,S 88°47'08"E,2596.98'TO 1W LM a 1IIE$rare O MM _ T® LIMN COUNTY, 1OW o� t' PLAr Y Lm THE WEST RIGHT OF WAY LINE OF 8077'STREET SW;THENCE ALONG SAID WESTLINE,N 00°54'21"E,440.16'; =, 71 NN 1/4 Igor 1/4 a IfW a/w NIF I/r, SW 4-81-08 un k THENCE ALONG SAID LV1 E N 00°51'27'E,323.33';THENCE ALONG SAID LINE N 01°30'30°W,235.84';THENCE samea aAlvn srrR�'xE� LOCATION MAP Nark ALAa3F81T or mow-m—N VWX N uTUrf WaOTS nAU[e E.nALAera, ,en r, a. % low U ALONG SAID LINEN 03°I4'30'I:,396,37'TO THE POINT OF BEGINNING. � � ]AP�s�salter a4.t„ �� 14 ez4ru-OSa� NOT TO SCALE: rER,WATER.rAtAA=.OR Aft EAMOM MOSS (319)651-7@99 Fairfax/419915-7/1 '/2 NA RESOLUTION NOS l To fix a date for a public hearing on a loan agreement in a principal amount not to j exceed$700,000 WHEREAS, the City of Fairfax, in the County of Linn, State of Iowa (the "City"), proposes to enter into a loan agreement (the "Loan Agreement'") in a principal amount not to exceed $700,000 pursuant to the provisions of Section 384.24A of the Code of Iowa for the purpose of paying the cost, to that extent, of constructing a new wastewater treatment lagoon, and it is necessary to flax a date of meeting of the Council at which it is proposed to take action to enter into the Loan Agreement and to give notice thereof as required by such law; NOW, THEREFORE, Be It Resolved by the City Council of the City of Fairfax, Iowa, as follows: Section 1. This Council shall meet on the 12th day of October, 2004, at the r � " ' �: the City, at x' �--ro'clock ' .m., at which time and place a hearing wll 'be held d proceedings will be instituted an action taken to enter into the Loan Agreement. Section 2. The City Clerk is hereby directed to give notice of the proposed action on the Loan. Agreement setting forth the amount and purpose thereof, the time when and place where the said meeting will be held by publication at least once and not less than 4 nor more than 20 days before the meeting, in a legal newspaper which has a general circulation in the City. The notice shall be in substantially the following form- -2- DORSEY&WHITNEY LLP,ATTORNEYS,DES MO1NBS,IOWA Fairfax/4199I5-7/t"3/2 N/I NOTICE OF PROPOSED ACTION TO :INSTITUTE PROCEEDINGS TO ENTER INTO A LOAN AGREEMENT IN A PRINCIPAL AMOUNT NOT TO EXCEED $700,000 (GENERAL OBLIGATION) The City Council of the ity of Fairfax, Iowa, will meet on the 12th day of October, fir,, s� : , 2004, at the , �_ , �. . ".�� �m<3�� the City, at �;.m, -,i�'clock .m., for the purpose of instituting proceed ngs and 'ng action to enter into a loan agreement (the "Loan Agreement") in a principal amount not to "ceed $700,000 for the purpose of paying the cost,to that extent, of constricting a new wastewater treatment lagoon. The Loan Agreement is proposed to be entered into pursuant to authority contained in Section 384.24A of the Code of Iowa and will constitute a general obligation of the City. At the aforementioned time and place, oral or written objections may be filed or made to the proposal to enter into the Loan Agreement. After receiving objections, the City may determine to enter into the Loan Agreement, in which case, the decision will be final unless appealed to the District Court within fifteen(15) days thereafter. I By order of the City Council of the City of Fairfax, Iowa. Connie Frame City Clerk -3- DORSEY r WHITNEY LLP,ATTORNEYS,DES MOINES,,IOWA F'aidaxl419915-711"%s N11 Section 3, All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict, Passed and approved September 14, 2004. Mayor Attest: City Clerk i i -4- DORSEY&WHITNEY LLP,ATTORNEYS,DES Iv 094ES,IOWA Fairf'ax1419915-7/1s`'/`N/6 STATE OF IOWA COUNTY OF LIN' SS: CITY OF FAIRF'.AX I, the undersigned, City Clerk of the aforementioned City, do hereby certify that attached hereto is a true and correct copy of the proceedings of the Council relating to fixing a date for a hearing on the Council's proposal to take action in connection with a loan agreement, as referred to therein. WITNESS MY HAND and the seal of the City hereto affixed this 't ;:> day of r 2404. k City Clerk (Seal) -5- DORS Y aft WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA Fairfax/419915-7/1"'/2 N/1 STATE OF IOWA COUNTY OF LIMN SS: CITY OF FAIRFAX 1, the undersigned City Clerk, do hereby certify that the aforementioned City is organized and operating under the provisions of Title IX of the Code of Iowa and not under any special charter and that such City is operating under the Mayor-Council form of government and that there is not pending or threatened any question or litigation whatsoever touching the incorporation of the City, the inclusion of any territory within its limits or the incumbency in office of any of the officials hereinafter named. And I do further certify that the following named parties are officials of the City as indicated: Mayor Clerk/Treasurer C o-uncil Member Council Member 4 '2 Council Member 6un' cil Member Council Member WITNESS MY HAND and the seal of the City hereto affixed this day of 2004. llvi� City Clerk (seal) -6- DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA Fzir1'ax/419915-7/1"/�N11 (PLEASE NOTE: Do not date and return this certificate until you have received the publisher's affidavit and have verified that the notice was published on the date indicated in the affidavit but please return all other completed pages to us as soon as they are available.) STATE OF IOWA COUNTY OF LINN SS: CITY OF FAIRFAX 1, the undersigned, City Clerk of the aforementioned City, do hereby certify that pursuant to the resolution of its Council fixing a date of meeting at which it is proposed to take action to enter into a loan agreement, the notice, of which the printed slip attached to the publisher's affidavit hereto attached is a true and complete copy, was published on the date and in the newspaper specified in such affidavit,which newspaper has a general circulation in the City. WITNESS MY HAND and the seal of the City hereto affixed this day of 2004, City Clerk (Seal) (Attach here the publisher's original affidavit with clipping of the notice, as published.) -7- DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA F'airfW419915-7l1 ��2 N11 MINUTES TO SET DATE FOR HEARING ON ENTERING INTO A LOAN . AGREEMENT Copy 419915-7 (N/I) - GENERAL OBLIGATION Fairfax, Iowa September 14, 2004 The City Council of the Ci of Fairfax Iowa met on September 14 2004 at `�� 6 o'clock,r .m., at the � Ljj ,'_j , in the City. The Mayor presided and the roll was called siowing the followil*'Members of the Council present and absent: Present. ;L,-x, � Absent: ej :. ., next set out and moved its adoption,aseeo Council Member , �-- °-�'`�seconded by Council Member introduced the, s o�lutio�n hereinafter and after due consideration thereof by the Council, the Mayor put the question upon the adoption of the said.resolution and the roll being called, the following;named Council Members voted: Ayes Nays: ' Whereupon, the Mayor declared the resolution duly adopted as hereinafter set out: * * * so At the conclusion of the meeting, and upon motion and vote, the Council adjourned.. Mayor Attest: City Clerkf _" ! i I -1- I DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA RESOLUTION NO. SOLUTION APPROVING THE VOLUNTARY ANNEXATION AND ZONING CLASSIFICATION OF PROPERTY LOCATED AT 1108 WILLIAMS BLVD, FAIRFA , IA (Selzer Farms, David L. Selzer, Request) WHEREAS, Selzer Farms, owners of property at 1108 Williams Blvd, legally described as follows: SW 114 of SE 114 and the NW 114 of SE 114 all in Section 16, Township 82 North, Range 8, Linn County, Iowa. WHEREAS, Selzer Farms did make application dated .Tune 1, 2004, for the annexation of said property to the City of Fairfax, Iowa; and, WHEREAS, It appears desirable and in the best interest of the City of Fairfax, that said property referred to in said application be annexed to the City of Fairfax, Iowa, at this time; and, THEREFORE BE IT RESOLVED, By the City Council of the City of Fairfax, Iowa, that the property herein before described by and the same is hereby annexed to the City of Fairfax, Linn County, Iowa, in the manner provided in Section 368.7, Code of Iowa 2003 Supplement, and such property shall hereinafter be and become part of the City of Fairfax, Linn County, Iowa, entitled, to all of the privileges and subject to all obligations as an integral part of the said City; and, BE IT FURTHER RESOLVED, That said property will be annexed with the zoning classification of AG (Agricultural), subject to obtaining acknowledgment from the Secretary of State that said annexation is complete; and, BE IT FURTHER RESOLVED, That the City Clerk be authorized and directed to file a copy of this resolution, map and legal description of the territory annexed with the Secretary of State, the Linn County Board of Supervisors, each affected public utility and the State Department of Transportation; and, BE IT FURTHER RESOLVED, That the City Clerk be authorized and directed to record a copy of the legal description, map and resolution with the Linn County Recorder and thereafter to be filed with the Linn County Auditor; and, NOW THEREFORE BE IT RESOLVED, by the City Council of Fairfax, Iowa, that the Mayor and the City Clerk are hereby authorized and directed to execute said Resolution. Passed and approved the day 004. 1 7 �,,,,'(k X AYES. NAYS: _ ABSENT: The foregoing Resolution No having been approved this cute by the Fairfax City Council, I 'hereby approve the same by affixing my signature as 'Mayor on this l4, day of AtQ4X�' 2004. Bill Voss, Mayor ATTEST: Connie Frame, Cify Clerk I I i i Auditor's Plat F Al dell , k 76-im01 i 52613000 _ ^om 76.002 t-7 -;041 W01 21 \...l Agri � /V W �y DF THIS MAP WAS CREATED FOR I-INd To w4 �. 1 ORDINANCE NO. 23 AN ORDINANCE AMENDING THE FAIRAX ZONING ORDINANCE OF 1000 OF THE CITY OF FAIRFAX, IOWA, BY AMENDING PROVISIONS PERTAINING TO SECTION 1.07.G. C2: HIGHWAY COMMERCIAL DISTRICT Be It Enacted by the City Council of the City of Fairfax, Iowa. SECTION 1. Section 1.07.G C2: Highway Commercial District, Subsection A. Permitted Principal Uses and Structures, of the Zoning Ordinance of the City of Fairfax, Iowa, is amended by repealing Subsection A. and adopting the following in lieu thereof. A. Permitted Principal Uses and Structures; 1. Banks and financial institutions. 2. Bowling alleys, skating rinks, dance halls, theaters,places of amusement, golf driving ranges and miniature golf. 3. Building materials dealers. 4. Bus and railroad terminals. 5. Business offices. 6. Churches and temples. 7. Commercial storage garages. 8. Convenience stores. 9. Drive-in restaurants. 10. Farm implement displays and, sales, service and repair. 11. Fruit, vegetable and produce stands. 12. Health clubs. 13. Mobile and Manufactured home sales. 14. Motels and hotels. 15. Motor vehicle sales, service and repair service stations and car washes. M. Private clubs or lodges. 17. Restaurants, cafes, nightclubs and taverns. 18. Shopping centers or malls 19. Supermarkets and retail business. 20. Automobile body and paint shop. SECTION 2. SEVERABIIIITY 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. SEC'T'ION 3. WHEN EFFECTIVE, This ordinance shall be in effect froze and after its final passage, approval and publication as provided by lave. Passed by the Council on the day o 2004, and adopted this day of @ , 2004. U Mayor ATTEST: City Clerk I certify that the foregoing was posted as Ordinance No. on the day of , 2004. City Clerk ORDINANCE NO. 22 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF 'I'I-IE CITY OF FAIRFAX, IOWA, 2002, BY AMENDING PROVISIONS PERTAINING TO N"ITIISANCE ABATEMENT PROCEDURE— GRASS AND WEED CONTROL DEFINITION BE IT ENACTED by the City Council of the City of Fairfax, Iowa: SECTION 1. SUBSEC'T'ION MODIFIED. Subsection 9 of Section 50.02 of the Code of Ordinances of the City of Fairfax, Iowa 2002, is repealed and the following adopted in lieu thereof: 9. Grass, weeds, brush. Dense growth of all grass, weeds, vines, brush or other vegetation in the City so as to constitute a health, safety or fire hazard. Each owner and each person in possession or control of any property shall be responsible to keep said lot mowed. 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 by posting as provided by law.. Passed by the Council this /� day of ;?/g �� 2004, and approved this day o 1! 004. Bill Voss, Mayor ATTEST: Connie Frame, ity Clerk: First Reading: Second Reading: - %4"{tn A Third Reading; 1 certify that the foregoing was published by posting as Ordinance No. °^ w on this day of , 2004. ... ... ...................... .............. City of Fairfax Claims List Dated 14 September 04 Checks 22103 - 22242 22110 Graybill Electronics, Inc, Repairs 1,089.85 22111 Mid American Energy Gas 31.10 22113 Municipal Emergency Services Equipment 1,603,43 22117 Mike Sankot Food items 29.38 22118 Graybill Electronics, Inc. Pager repair 64.90 22119 Pam Sellner Zoo animals 75.00 22120 Baker&Taylor Books 561,69 22121 USPO Box rental fee 33.00 22122 Country Subscription 13.98 22123 Quick Cooking Subscription 19.98 22124 LTD Commodities Puzzlesldvd 62.01 22125 Texas State Library CREW Method Book 9.85 22126 Demco, Inc, Supplies 331.03 22127 Taste of Home Subscription 12.98 22128 Creative Software Services, Inc. Computer services 414.70 22129 South Slope Telephone Phone 50.20 22130 Cathy Bayne Postage/DVDs/Books 128.57 22131 Kathy Everett Cleaning supplies 4.47 22132 Alliant Lights 252.00 22133 Joyals Family Tree Service Brush removal 300.00 22136 Catherine Bayne Wage 764,42 22137 Kathy J.Everett Wage 164.40 22138 Kathy J. Everett Wage 632,59 22139 Beth A.Wilz Wage 59.80 22143 Pace Supply Diamond line 12,30 22144 Pace Supply Stripper 9.05 22147 Office Express Labels 8.28 22148 Wendling Quarries, Inc. Rock 351.64 221149 Sankot's Garage Repairs 328.75 22150 Pace Supply Soap/dish 44.95 22151 Randy's Carpets Carpet and ceramic tile 5,226,63 22153 Universal Licencing Service FCC License 80.00 221:55 South Slope Telephone Phonelinstall 987.47 22156 South Slope Telephone Phone 23.48 22157 Office Express Chairmats 130.42 22158 Linn County Firefighter's Assn. Batteries 7,74 22162 Staples Credit Plan Supplies 12.07 221163 Fairfax State Savings Bank FICA/Fed tax 382.92 22166 IPERS Tax 184.09 22167 Kieck's Gear 238.70 221710 K&B Ag Supply Spraying 434.40 22174 Alliant Energy Electricity 876.24 22179 Waste Management of Iowa City Dumpster service 60.00 22180 GSTC Fuel 68.77 22181 CTS Textile Leasing Mat rental 36.95 22182 Sankot's Garage Oil,antifreeze,conditioner 116-05 22185 Fareway Stores Pop 7399 22186 Connie Frame Mileage 25.31 22188 Connie Frame Reimb postage/supplies 33.03 22192! US Cellular Phone bill 154.50 22195 Moyer&Bergman, PLC Legal services 2,059.10 City of Fairfax Claims list Dated 1.4 September 04 Checks 22103 . 22242 22196 Marta Concrete Materials joint repair 135,00 22199 Prairie Road Builders, Inc. Street work 4,996.93 22200 Peck's Flower Shop Flowers 43.00 22201 Port'O'Johnny Toilet service 85.00 22208 Shelton Technologies, Inc. Copier agreement 227.81 22209 Welter Storage Equipment Co., Inc. Office furniture 1,740.50 22210 Graybill Electronics, Inc. Radio repair 74.13 22211 Iowa Implement, Inc. Repairs/JD 17.56 222113 Gazette Communications, Inc. Publishing 187.30 222114 Emergency Medical Products,Inc. Airway&burn kit 504.28 22217 Menards-Cedar Rapids SO Materials 149.80 22218 Menards-Cedar Rapids 80 Materials 724.83 222119 Menards-Cedar Rapids SO Materials 96,70 22221 RDJ Specialties Pencils&coloring books 531.45 22222 Kirkwood Community College Training 35.00 22223 i wireless Phone bill 88.33 22224 South Slope Telephone Phone 49.65 22225 Gazette Communications, Inc. Publishing 15.76 22227 international Code Council Dues 35.00 22228 Hynek Farms Mowing 570.00 22229 Mid American Energy Gas 164.82 22236 Gazette Communications, Inc. Publishing 15.30 22238 Faraway Stores Pop 28.80 22239 Iowa Fire Chiefs Assn Dues 25.00 22240 Frieda Coonrod Embroidery Embroidery 285,50 22241 Menards-Cedar Rapids SO Materials 31.44 22242 Don's Lock&Key Lever set 20.00 ACH Elan Postage/supplies 668.31 Total General Fund: 30,223.36 Road Use Tax Fund 221416 The Sled Shed Oi9 9.54 22172 Alliant Energy Electricity 885.45 22189 Linn County REC Electricity 333.63 22198 Prairie Road Builders, Inc. Street work 20,000.00 22202 Sevig Construction Co. Street work 1,643.35 Total Road Use Fund: 22,871,97 Water Fund 22107 Ronald G. Dusil Wage 527.74 22108 David Yanecek Wage 457.36 221109 Connie R. Frame Wage 376.98 22112 Mid American Energy Gas 46.43 ACH Elan Postage 293.60 22114 Ronald G. Dusil Wage 527.74 22115 Connie R.Frame Wage 376.98 22116 David Yanecek Wage 457.36 22134 Nancy Flickinger Wage 2,494.45 22135 Wellmark Health Insurance 1,039.53 22140 Ronald G. Dusil Wage 527.74 22141 Connie R. Frame Wage 376,98 City of Fairfax Claims List Dated 14 September 04 Checks 22103 - 22242 22142 David Yanecek Wage 457,36 22145 Advanced Water Technology, Inc. Chemicals 558.19 22160 Staples Credit Plan Shipping 35.39 22164 Fairfax State Savings Bank FICA/Fed tax 2,820.20 22165 iPERS Tax 983.41 22173 Alliant Energy Etectricity 442.89 22175 Ronald G. Dusil Wage 527.74 22176 Connie R, Frame Wage 376.98 22177 David Yanecek Wage 457.36 22183 Keystone Laboratories, Inc. Lab analysis 171.00 22190 Linn County REC Electricity 614.49 22191 US Cellular Phone bill 107.34 22204 Todd Whitters Construction Refund overpayment 81.69 22212 Schimberg Co. Meters&parts 1,908,00 22230 Mid American Energy Gas 17.54 22231 Ronald G. Dusil Wage 527.74 22232 Connie R. Frame Wage 376.98 22233 David Yanecek Wage 457.36 22234 Ronald G. Dusil Wage 527.74 22235 Mid American Energy Gas 45.05 22237 Gary Lamparek Refund over payment 72.13 Total Water Fund: 19,069.47 Sewer Fund 22152 City Treasurer 28 E Prairie View Estates 1,770.24 22161 Staples Credit Plan Shipping 9174 22168 USA Blue Book Probe 32.93 22171 Alliant Energy Electricity 158.28 22184 Keystone Laboratories, Inc. Lab analysis 80.00 22197 G&H Electric,Inc. Labor/motors lift station 643.80 22203 City of Cedar Rapids 28 E Prairie View Estates 3,055.00 22216 Menards-Cedar Rapids SO Staples/screws 18.80 222210, Menards-Cedar Rapids SO Adapter/plugs 4.16 Total Sewer Fund: 5,854.95 Garbage Fund 22178 Waste Management of Iowa City Trash service 3,775,20 22187 Connie Frame Reimb postage 4.65 Total Garbage Fund:. 3,779.85 Lagoon Aeration Project 22193 Hall&Hall Engineers, Inc. Lagoon project 1,828.28 Total Lagoon Aeration Project: 1,828.28 Trust&Agency 22103 City of Fairfax Deposit applied to water bill/Radde 29.83 22104 Matt Radde Deposit refund 60.17 22105 Scott Wilkinson Deposit refund 60.00 22106 Dan Swick Deposit refund 120.00 22159 Doug Pipolo Deposit refund 120.00 22205 Duane Frye Deposit refund 75.31 City of Fairfax Claims List Dated 14 September 04 Checks 22103 - 22242 22206 City of Fairfax Deposit applied to water bill/Frye 14,69 22207 City of Fairfax Deposit applied to water bill/Blietz 36.95 22226 Cory&Tammy Steele Deposit refund 120.00 Total Trust&Agency: 636.95 Total Checking Account: 84,264.83 Receipts/Expenditures by Fund 14 September 04 August Receipts General Fund 6,336.13 Road Use Tax 6„534.48 T&A Meter Deposits 660.00 Water Fund 11,906.40 Serer Fund 8,950.64 Garbage Fund 5,301.11 T1F 11,053.11 UPRR Money Market Fund 63.23 Total Receipts: 40,805.10 August Expenditures General Fund 23,814.39 Road Use Tax 1„315.75 Water Fund 16„285.49 Seger Fund 4,753.83 Garbage Fund 3,93626 T&A-Meter Deposits 2,470.40 CiP-$465,000 3,105.00 CP-80th St. WIS Ext _ 265.92 Total Expenditures: 55,947.44 It v a y o y a � o t j C LTI UZI on ,,,,. �' �„ � Car) � � .�-• � � c �. � .�, a,� Q tea , o cr' Ln coo :J csl Gn c oc LT W vx a� a CD b k� M.t7 w 9 n Q (e < Cf v' o CD w r-r N n d. . CD rn Uj Gc LT * a r-r I cn , * * Ln G Cn ch cn U-S 00 � t" • w s a -Y, vrQ- � zi- oc Receipts/Expenditures by Fund 14 September 04 August Receipts General Fund 6,336.13 Road Use Tax 6,534.48 T &A Meter Deposits 660.00 Water Fund 11,906.40 Serer Fund 8„950.64 Garbage Fund 5„301.11 TiF 1,053.11 UPRR Money Market Fund 63.23 Total receipts. 40,805.10 Auugust Expenditures General Fund 23,814.39 Road Use Tax 1,315.75 Dater Fund 16,285.49 Sewer Fund 4,753.83 Garbage Fund 3,936.26 T&A- Meter Deposits 2,470.40 C P-$465,000 3,105.00 P-80th St. W/S Ext 265.92 Total Expenditures: 55947.04 3:09 PM City of Fairfax 09111104 Balance Sheet Accrual Basis As of August 31, 2004 Aug 31, 04 ASSETS Current Assets Checking/Savings Money Market - UPRR Fund 50,167.09' Housing Rehab -Non linterest 8,76920 Certificates of Deposit General Fund 116,230.78 Sewer Fund 41,323.04 Total Certificates of Deposit 157,553,82 Checking Account General Fund 333,376.88 Special Revenue Housing Rehab -5,337.56 Local Option Tax 13,514.66 Road Use Tax 31,165.97 TIF Fund 93,322.84 Total Special Revenue 132,665.91 Capital Project-$465,000 GO Library Building 35,260.67 City Hall Roof 3,967.31 Excess 2,694.79 Cost of Issuance 682.49 Total Capital Project-$465,000 GO 42,605.26 Enterprise Fund Water 26,326.39 Sewer 86,899.29 Garbage 40,424.34 Capital Projects $450,000 Bond 2,512.97 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 1,830.92 Trust&Agency 28,507.31 Total Enterprise Fund 257,576.43 Total Checking Account 766,224.48 Savings Accounts-SRF Local Option 2004-2005 Any Lawful Purpose 5,817.45 Street Improvements 11,634.91 Sewer Improvements 11,63491 Total Local Option 2004-2005 29,087.27 Arbor Team 1,030.86 FD Equipment Regular Savings 10,412.58 Pagel 3.09 PM City of Fairfax 09111104 Balance Sheet Accrual Basis As of August 31, 2004 Aug 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 F® 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 1,098,829.45 Total Current Assets 1,098,829,45 TOTAL ASSETS 1,098,829.45 LIABILITIES &EQUITY Equity Opening Bal Equity 1,130,250.03 Net Income -31,420.58 Total Equity 1,098,829.45 TOTAL LIABILITIES & EQUITY 1,098,829.45 Page 2 3:03 PM Certificates of Deposit 09/13/04 Balance Sheet Accrual Basis As of August 31, 2004 Aug 31, 04 ASSETS Current Assets Checking/Savings General Fund Library 10274 7,445.27 10679 6,869.64 11239 9,534.95 Total Library 23,849.86 Park 10180 12,189.57 11240 1,222.01 11605 2,337.84 Total Park 15,749.42 Policy&Administration 11870 2,280.19 10681 16,869.64 11242 8,554.03 11241 112,220.03 11468 5,832.91 Total Policy&Administration 35,756.80 Transportation 10650 6,869.64 11606 23,729.12 11999 7,831.95 11243 R 2,443.99 Total Transportation 40,874.70 Total General Fund 116,230.78 Sewer Fund 10967 6,255.39 11604 35,067..65 Total Sewer Fund 41,323.04 Total Check!ng1/Savi ngs 157,553.82 Total Current Assets 157,553.82 TOTAL ASSETS 157,553.82 LIABILITIES & EQUITY Equity Opening Bal Equity 154,403.74 Detained Earnings 3,049.41 Net Income 100.67 Total Equity 157,553.82 TOTAL LIABILITIES&EQUITY 157,553.82 Pagel BALANCESHEET OUTSTANDING CHECKS FOR THE MONTH OF BANK.i3ALAN'CE: •Q� OUTSTANDING CHECKS: ��•5� OUTSTANDING DEPOSITS: CLERK BALANCE: GENERAL: . . D•I ROAD USE TAX: DEBT SERVICE: TRUST&AGENCY: � �•�� '���. d WATER FUND: P. SEWER FUND: �� �r. • d.� GARBAGE FUND: "� � _ _" . �`�•�J _ TIF- CAP PROs EN TERN q , ,. :. •1 CAP PROJ$465,000 D�•l Lf HOUSING REHAB CAP PROJ 80TI ST ��. •� LOCAL OPTION TAX TOTALS: "� .�� � � •�,��•�� CLERK BANK BALANCE �anl OUTSTANDING CHECKS FOR THE MONTH OE of 0� CHECK NUMBER AM..OU'NT ACCOUNT IAL 4 .15 x, 1\ (css 2211 ` X16. ' '1 Z2��� l •�� ((��v ff� f TOTAL: ls (4� U�Pd GENERAL: WATER FUND: ROAD USE: SEWER FUND: DEBT SERVICE: GARBAGE FUND: TRUST&AGENCY: TIF: CAP PRO ENTERPRI, CAP PRO$465,000: HOUSING RMAB LOCAL OPTION TAX: CAP PROD 80TI ST OUTSTANDING CHECKS FOR THE MONTH OF CHECK NUMBER AMO ACCOUN"F" nab TOTAL: 5 ' • GENERAL: WATER FUND: •°r' ROAD USE: �� SEWER FUND: DEBT SERVICE: GARBAGE FUND: TRUST&AGENCY: TYF: CAP PRO ENTERPRI CAP PRO $465,000: mµ HOUSING REHAB LOCAL OPTION TAX. CAP PROD 80TIl ST