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HomeMy WebLinkAbout03-08-2005 Council Minutes AGENDA FAIRFAX CITY COUNCIL REGULAR MEETING TUESDAY, MARCH 8, 2004 AT 7:00 PM FAIRFAX CITY HALL—525 VANDERRILT 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 February 7, 2005—Regular Meeting 4. Accept and place on file: a. Minutes dated February 14,2005 Planning & Zoning Commission Meeting 5, Public Heating—7;00 PM a. Harold R. McCormick Voluntary Annexation & Zoning Classification 1. Review Planning &Zoning Commission's Recommendation to approve Annexation & Zoning Classification 2. Review Linn County Board of Supervisors Resolution 2005-1-14 to support proposed Voluntary Annexation 6. Resolution to approve Voluntary Annexation&Zoning Classification—Harold R. McCormick property 7. Public Hearing—7:10 PM 1. Written and oral comments on the proposed Fiscal Year 2005-2006 Annual Budget 8. Resolution to approve Fiscal Year 2005-2006 Annual Budget 9. Public Hearing— 7:15 PM a. Amending the Fairfax Zoning Ordinance of 2000 1. Section 1.13 Board of Adjustment; Special Exceptions; Variances— Application Fee a. Review Planning&Zoning Commission's Recommendation to approve amendment to Section 1.13 2. Section 1.06 Applicability of Regulations and the Official Zoning Map —Annexation Application Fee a. Review Planning &Zoning Commission's Recommendation to approve amendment to Section 1.06 1.0. Proposed Ordinance No. 29 pertaining to amending the Fairfax Zoning Ordinance of 2000—Section 1.14 Board of Adjustment; Special Exceptions; Variances a. Consider introduction of Ordinance No. 29 b. Consider motion to suspend rule requiring that an ordinance be voted on for passage at two council meetings prior to this meeting be suspended with respect to Ordinance No. 29 c. Consider motion for final passage and adoption with respect to Ordinance No. 29, AN ORDINANCE AMENDING THE FAIRFAX ZONING ORDINANCE OF 2000, OF THE CITY OF FAIRFAX, IOWA, BY AMENDING PROVISIONS PERTAINING TO SECTION 1.13 BOARD OF ADJ-USTMENT; SPECIAL EXCEPTIONS; 'VARIANCES 11. Proposed Ordinance No. 30 pertaining to amending the Fairfax Zoning Ordinance of 2000—Section 1.06 Applicability of Regulations and the Official Zoning Map a. Consider introduction of Ordinance No. 30 b. Consider motion to suspend rule requiring that an ordinance be voted on for passage at two council meetings prior to this meeting be suspended with respect to Ordinance No. 30 c. Consider motion for final passage and adoption with respect to Ordinance No. 30,AN ORDINANCE AMENDING THE FAIRFAX ZONING ORDINANCE OF 2000, OF THE CITY OF FAIRFAX, IOWA, BY AMENDING PROVISIONS PERTAINING TO SECTION a. APPLICABILITY OF REGULATIONS AND THE OFFICIAL ZONING MAP 12. Public Hearing— 7:20 PM a. Amending the Fairfax Zoning Ordinance of 2000—Official Zoning Map and Zoning District Boundaries 1. Review Planning & Zoning Recommendation to amend Fairfax Zoning Ordinance of 2000—Official Zoning Map and Zoning District Boundaries—Designating Zoning Classification 13. Proposed Ordinance No. 31 pertaining to amending the Fairfax Zoning Ordinance of 2000 by amending the Official Zoning Map and Zoning District Boundaries-- Designating Zoning Classification a. Consider introduction of Ordinance No. 31 b. Consider motion to suspend rule requiring that an ordinance be voted on for passage at two council meetings prior to this meeting be suspended with respect to Ordinance No. 31 c. Consider motion for final passage and adoption with respect to Ordinance No. 31,AN'ORDINANCE AMENDING THE FAIRFAX ZONING ORDINANCE OF 2000, OF THE CITY OF FAIRFAX, IOWA, BY AMENDING THE OFFICIAL ZONING MAP AND ZONING DISTRICT BOUNDARIES OF THE CITY OF FAIRFAX, IOWA, BY DESIGNATING THE ZONING CLASSIFICATION OF CERTAIN PROPERTY,NOW KNOWN AS 1108 WILLIAMS BLVD, MORE PARTICULARLY DESCRIBED AS: SWI/4 OF SEI/4 AND THE NW 1/4 OF SE1/4 ALL IN SECTION 16, TOWNSHIP 82 NORTH, RANGE 8, LINN COUNTY,IOWA, AS AG (AGRICULTURAL DISTRICT) 14. Proposed Ordinance No. 32 pertaining to amending provisions pertaining to the Compensation of the Mayor a. Consider introduction of Ordinance No. 32 b, Consider motion to suspend rule requiring that an ordinance be voted on for passage at two council meetings prior to this meeting be suspended with respect to Ordinance No. 32 c. Consider motion for final passage and adoption with respect to Ordinance No.32, AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF FAIRFAX, IOWA, 2002,BY AMENDING PROVISIONS PERTAINING TO THE COMPENSATION OF THE MAYOR 15. Proposed Ordinance No. 33 pertaining to amending provisions pertaining to the Compensation of the Council a. Consider introduction of Ordinance No. 33 b. Consider motion to suspend rule requiring that an ordinance be voted on for passage at two council meetings prior to the meeting be suspended with respect to Ordinance No. 33 c. Consider motion for final passage and adoption with respect to Ordinance No. 33,AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF FAIRFAX, IOWA, 2002, BY AMENDING PROVISIONS PERTAING TO THE COMPENSATION OF THE COUNCIL 16. Randy Price—Discussion on Liability Issues 17. Dick Ransom,Hall &Hall Engineers—Discussion on 2001 Water Main Project a. Resolution to issue final payment to Yordi Excavating, Inc. for the 2001 Water Main Replacement Project 18. Patrick Slater—USA Days, Fairfax Baseball Association 19. Councilor Frieden—Report on Law Enforcement 20. Discussion on proposed amendment to Fiscal Year 2004-2005 Budget a. Motion to approve proposed amendment to Fiscal Year 2004-2005 Budget b. Resolution setting time and place for a Public Hearing for the purpose of soliciting written and oral comments on the City's proposed amendment to Fiscal Year 2004-2005 Budget—7:00 PM (12 April 05) 21. Waste Management of Iowa City—Yard waste pickup 22. Consider approval of Peppy's Ice Cream Peddler's permit 23. Resolution authorizing transfer of funds from the Water,Main Reconstruction Capital Project $450,000 General Obligation Water Note Series 2001 Fund to the Water Fund 24. Approval of Claim List dated March 8, 2005 25, Reports a. Sheriff Department b. Library c. Fire Department d. Maintenance Department e. Parks Department 26. Discussion a. Opportunity for citizens not on agenda 27. Mayor Comments 28, Adjournment CITY OF FAIRFAX REGULAR COUNCIL MEETING March 8, 2005 Regular meeting of the Fairfax City Council was held Tuesday, March 8, 2005 at Fairfax City Hall at 7:010 PM. Mayor Voss presided. Council members present: Beer, Frieden, Scott, Glick, Wainwright. Others present: Nancy Flickinger,Dave Yanceek, Dick Ransom, Randy Price,Deputy Crosser. The agenda was amended by changing item#3a to read as follows: Minutes dated February 8, 2005— Regular Meeting. Beer moved to approve the agenda as amended and Clerk's Financial Statements, seconded by Wainwright. Roll call vote: Ayes. Beer, Frieden, Scott, Glick, Wainwright. Nays: None. Motion carried. Frieden moved to approve and place on file the minutes of the regular council meeting dated February 8, 2005, and to accept and place on file the minutes of the Planning and Zoning Commission meeting dated February 14, 2005, seconded by Beer. Roll call vote: Ayes: Beer, Frieden, Scott, Glick, Wainwright. Nays: None. Motion carried. The Sheriffs report was given by Deputy Crosser and the Call for Service Log was submitted and discussed. Mayor Voss announced that this was the time and place for a public hearing on the matter of the proposed action of the Harold R. McCormick Voluntary Annexation and Zoning Classification. Notice of this hearing was published in the Cedar Rapids Gazette on February 16, 2005. It was noted that one of the legal descriptions in the Notice of Annexation Request and the Notice of Public Hearing Volunteer Annexation and Zoning Classification, was published in the paper incorrectly as T-80, and should have been T-82. There being no further comments or objections, Mayor Voss closed the Public Hearing at 7:07 PM. Frieden introduced the following Resolution and moved its adoption, seconded by-Beer. Roll call vote: Ayes: Beer, Frieden, Scott, Glick, Wainwright. Nays: None. Motion carried. Whereupon the Mayor declared the following duly adopted: Resolution No. 2005-8 entitled, "A RESOLUTION APPROVING THE VOLUNTARY ANNEXATION AND ZONING CLASSIFICATION OF PROPERTY LOCATED IN PART OF THE W1/2, NE1/4, SECTION 10, TOWNSHIP 82 NORTH, RANGE 8 WEST, LINN COUNTY, IOWA". Passed and approved this 8h day of March 2005. Mayor Voss announced that this was the time and place for a public hearing on the matter of the proposed action on the Fiscal Year 2005-2006 annual budget. Notice of this hearing was published in the Cedar Rapids Gazette on February 21, 2005. It was noted that the tax levy rate will remain the same. There being no comments or objections, Mayor Voss closed the Public Hearing at 7:12 PM. Beer introduced the following Resolution and moved its adoption, seconded by Wainwright. Roll call vote: Ayes: Beer, Frieden, Scott, Glick, Wainwright. Nays: None. Motion carried. Whereupon the Mayor declared the following duly adopted: Resolution No. 2005-9 entitled, "A RESOLUTION APPROVING CITY OF FAIRFAX ANNUAL BUDGET FOR FISCAL YEAR 2005-200611. Passed and approved this 8h day of March 2005. Mayor Voss announced that this was the time and place for a, public hearing on the matter of the proposed action amending the Fairfax Ordinance of 2000 of the City of Fairfax, Iowa, Section 1.13 Board of Adjustment, Special Exceptions,Variances—Application Fee. Notice of this hearing was published in the Cedar Rapids Gazette on February 21, 2005. There being no ftirther comments or objections,Mayor Voss closed the public hearing at 7:17 PM. Wainwright introduced Ordinance 29, AN ORDINANCE AMENDING THE FAIRFAX ZONING ORDINANCE OF 2000 OF THE CITY OF FAIRFAX, IOWA, BY AMENDING PROVISIONS PERTAINING TO SECTION 1.13 BOARD OF ADJUSTMENT; SPECIAL EXCEPTIONS; VARIANCES. Wainwright 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. 29, seconded by Scott. Roll call vote: Ayes: Beer, Frieden, Scott, Glick, Wainwright. Nays: None. Motion carried. Scott moved that Ordinance No. 29, AN ORDINANCE AMENDING THE FAIRFAX ZONING ORDINANCE OF 2000 OF THE CITY OF FAIRFAX, IOWA, BY AMENDING PROVISIONS PERTAINING TO SECTION 1.13 BOARD OF ADJUSTMENT; SPECIAL EXCEPTIONS; VARIANCES, be considered for the third time, placed upon its passage and adopted, seconded by Frieden. Roll call vote: Ayes: Beer,Frieden, Scott, Glick, Wainwright. Nays: None. Ordinance No. 29 is declared to have been enacted. Wainwright introduced Ordinance 30, AN ORDINANCE AMENDING THE FAIRFAX ZONING ORDINANCE OF 2000 OF THE CITY OF FAIRFAX, IOWA., BY AMENDING PROVISIONS PERTAINING TO SECTION 1.06 APPLICABILITY OF REGULATIONS AND THE OFFICIAL ZONING MAP. Wainwright 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. 30, seconded by Beer. Roll call vote: Ayes: Beer, Frieden, Scott, Glick, Wainwright. Nays: None. Motion carried. Beer moved that Ordinance No. 30, AN ORDINANCE AMENDING THE FAIRFAX ZONING ORDINANCE OF 2000 OF THE CITY OF FAIRFAX, IOWA, BY AMENDING PROVISIONS PERTAINING TO SECTION 1.06 APPLICABILITY OF REGULATIONS AND THE OFFICIAL ZONING MAP, be considered for the third time, placed upon its passage and adopted, seconded by Frieden. Roll call vote: Ayes: Beer, Frieden, Scott, Glick, Wainwright. Nays-. None. Ordinance No. 30 is declared to have been enacted. Mayor Voss announced that this was the time and place for a public hearing on, the matter of the proposed action of amending the Fairfax Zoning Ordinance of 2000-Official Zoning Map and Zoning District Boundaries. Notice of this public hearing was published in the Cedar Rapids Gazette on February 21, 2005. There being no further comments or objections,Mayor Voss closed the Public Hearing at 7:22 PM. Wainwright introduced Ordinance 31, AN ORDINANCE AMENDING THE FAIRFAX ZONING ORDINANCE OF 2000, OF THE CITY OF FAIRFAX,IOWA, BY AMENDING THE OFFICIAL ZONING MAP AND ZONING DISTRICT BOUNDARIES OF THE CITY OF FAIRFAX, IOWA, BY DESIGNATING THE ZONING CLASSIFICATION OF CERTAIN PROPERTY, NOW KNOWN AS 1108 WILLIAMS BLVD., MORE PARTICULARLY DESCRIBED AS: SW 1/4 OF SE 1/4 ALL IN SECTION 16, TOWNSHIP 82 NORTH, RANGE 8, LINN COUNTY,IOWA,AS AG (AGRICULTURAL DISTRICT). Frieden moved that the rate 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. 31, seconded by Glick. Roll call vote: Ayes: Beer, Frieden, Scott, Glick, Wainwright. Nays: None. Motion carried. Wainwright moved that Ordinance 31, AN ORDINANCE AMENDING THE FAIRFAX ZONING ORDINANCE OF 2000 OF THE CITY OF FAIRFAX, IOWA, BY AMENDING THE OFFICIAL ZONING MAP AND ZONING DISTRICT BOUNDARIES OF THE CITY OF FAIRFAX, IOWA, BY DESIGNATING THE ZONING CLASSIFICATION OF CERTAIN PROPERTY, NOW KNOWN AS 1108 WILLIAMS BLVD., MORE PARTICULARLY DESCRIBED AS: SW % OF SE %ALL IN SECTION 16, TOWNSHIP 82 NORTH, RANGE 8, LINN COUNTY, IOWA, AS AG (AGRICULTURAL DISTRICT), be considered for the third. time, placed upon its passage and adopted, seconded by Frieden. Roll call vote: Ayes: Beer, Frieden, Scott, Glick, Wainwright. Nays: None. Ordinance No. 31 is declared to have been enacted. Wainwright introduced Ordinance 32, AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF FAIRFAX, IOWA, 2002, BY AME NDING PROVISIONS PERTAINING TO THE COMPENSATION OF THE MAYOR. Wainwright 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. 32, seconded by Beer. Roll call vote: Ayes: Beer, Frieden, Scott, Glick, Wainwright. Nays: None. Motion carried. Wainwright moved that Ordinance 32, AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF FAIRFAX, IOWA, 2002, BY AMENDING PROVISIONS PERTAINING TO THE COMPENSATION OF THE MAYOR, be considered for the third time, placed upon its passage and adopted, seconded by Frieden. Roll call vote: Ayes: Beer, Frieden, Scott, Glick, Wainwright. Nays: None, Ordinance No. 32 is declared to have been enacted. Wainwright introduced Ordinance 33, AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF FAIRFAX, IOWA, 2002, BY AMENDING PROVISIONS PERTAINING TO THE COMPENSATION OF THE COUNCIL. Wainwright 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. 33, seconded by Beer. Roll call vote: Ayes: Beer, Frieden, Scott, Glick, Wainwright. Nays: None. Motion carried. Wainwright moved that Ordinance 33, AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF FAIRFAX, IOWA, 2002, BY AMENDING PROVISIONS PERTAINING TO THE COMPENSATION OF THE COUNCIL,be considered for the third time, placed upon its passage and adopted, seconded by Frieden. Roll call vote: Ayes: Beer, Frieden, Scott, Glick,Wainwright. Nays: None. Ordinance No. 33 is declared to have been enacted. Randy Price discussed,city liability in regard to sewer back up issues, Dick Ransom reported on the 2001 Water Main Project. Beer introduced the following Resolution and moved its adoption, seconded by Wainwright. Roll call vote: Ayes: Beer, Frieden, Scott, Glick, Wainwright. Nays: None. Motion carried. Whereupon the Mayor declared the following duly adopted: Resolution No. 2005-10 entitled, "A RESOLUTION TO ISSUE FINAL PAYMENT TO YORDT EXCAVATING, INC. FOR THE 2001 WATER MAIN REPLACEMENT PROJECT". Passed and approved this 8h day of March 2005. Lisa LeFebure discussed ideas about the USA Days celebration. Beer moved to approve a $1,000 donation from the City for USA Day's, seconded by Frieden. Roll call vote: Ayes: Beer, Frieden, Scott, Glick, Wainwright. Nays: None. Motion carried. Councilor Frieden reported on the estimated cost of hiring a full-time law enforcement officer. It was determined that the population of Fairfax at this time does not warrant the cost of a full-time officer. The proposed amendment to Fiscal Year 2004-2005 budget was discussed. Wainwright introduced the following Resolution and moved its adoption, seconded by Beer. Roll call vote: Ayes: Beer, Frieden, Scott, Glick, Wainwright. Nays: None. Motion carried. Whereupon the Mayor declared the following duly adopted: Resolution No. 2005-11 entitled,, "A RESOLUTION SETTING TIME AND PLACE FOR A PUBLIC HEARING FOR THE PURPOSE OF SOLICITING WRITTEN AND ORAL COMMENTS ON THE CITY'S PROPOSED AMENDMENT TO FISCAL YEAR 2004-2005 BUDGET". Passed and approved this 8h day of March 2005. Waste Management of Iowa City has changed yard waste pickup day to Mondays beginning on April 4th and ending on November 14th. Frieden moved to approve a peddler's permit for Peppy's lee Cream, seconded by Scott. Roll call vote: Ayes: Beer, Frieden, Scott, Glick,Wainwright. Nays: None. Motion carried. i I Beer introduced the following Resolution and moved its adoption, seconded by Wainwright. Roll. call vote: ayes: Beer, Frieden, Scott, Glick., Wainwright. Nays: None. Motion carried. Whereupon the Mayor declared the following dilly adopted: Resolution No. 2005-12 entitled, "A RESOLUTION AUTHORIZING THE TRANSFER OF FUNDS FROM THE WATER MAIN RECONSTRUCTION CAPITAL PROJECT $450,000 GENERAL OBLIGATION WATER NOTE SERIES 2001 FUND ISSUED ON 01 OCTOBER 01 TO THE WATER FUND". Passed and approved this 8h day of March 2005. Wainwright moved to approve the Claims List dated March 8, 2005, seconded by Beer. Roll call vote: Ayes: Beer, Frieden, Scott, Glick,Wainwright. Nays: None. Motion carried. Reports: Dave Yanecek, Fire Department, reported that there have been several grass fires and vehicle accidents. Dave Yanecek, maintenance, reported on snow plowing. Councilor Beer, Parks department, reported that the Arbor Team, in support of the Visioning Committee, will hold a pancake breakfast on April, 1.0 at St. Patrick's and that the next Visioning Meeting is 6:00 PM, Monday, March 21, 2005, at the library. Cohen discussion: Amnesty Day is set for June 4 from 7:00— 1.0:00 AM. Discussion on garbage pick up. There being no further business, 'Scott moved adjournment at 8:37 P.M., seconded by Wainwright. All in favor. MAYOR: Bill Voss ATTEST: Connie Frame, City Clerk Disclaimer: The foregoing minutes are not official until approved by Council. i i - i STATE OF IOWA Counties of Linn and Johnson ss. sren aF;toy Regutar moetins=aF the Falefax Cltw.Council, was hdld Tue=,;dav Marcti:8,2{ S at Fairfax: City Half it.ZOO:PM. Mayor Voss presided: Council members present: Beer, rcteden;: Scott, :Glick, WajnwHght Others peasant. lance Flickin er,,Oave farecei<, Dick Ran I ,foe Hladky, being duly Sworn on, oath do state that I am som, Randy Piste OepUt F.Crasser. a r r The agenda Was amended �v ehanaird itdm the publisher of TF-IE GAZETTE a daily newspaper of #Jd 10 read as, Ito MS M(nytes dot®¢@ F'4beb 1 ark 8,20�J5 m- i2egular MeoTtiid Bemr mewed tff approve m� age�,tia � general circulation in Linn and Johnson Counties, Iowa.. The arttended aa�d C19rk s F'fn?i�141a[ $tatemrints . sacandod av N$aidwripht Roll call Soto::.Aver notice a printed co of which is attached was inserted and 8.Nai, "" � 1 JAt fir i st1 1 �ha 4 i�r vA ' l Icy F°"� zTHE iublished in THE GAZETTE newspaper in the issue(s) of Frig Cat d?t::FA,RJ Ax',ic1WA,BY AMFtCgiRE. the ' f7FFft IAL ZbNIPIG MAP AND Zpty-" dxt 1fI 4G' O3STd�lCT BOONDARIE$ OF THE pl0 1081 k.f4Sa2{f ...AT- SH ltlnui s8nnrli au OFIa> i 17 2005 EB Ii424i#JE�Ir7OiOJOaaE11 AS . #tr0 a5E[ jg6iJ;se0aJ0; i'e2 he reasonable fee for publishing said notice is 201.67 gj318 U0 idEli aJ Io�IJi,sr��ni kes p i`W6iJ NAI be €.he:. �I'�Ia�1�9liE dBl$�eo3M�0 4�SLy.I� i its, fertlidaaijOo au Uinnseaa lei a01-den. �-1G~aas�aa76�asaad E� 'Oft. 'Ou puE 0n .gals,des t �,1se�eJuy E Gui�E€iJ ,�� ul dA6l ort JOt-0�s7 jou Ajq�gw, �a�a6 signed and sworn to be ore me on _ March 18 2005 Ja14 �1IiIfUt fain�as ' by foe Hladky, IJIAbJfilhi�ulisgJtJ si. u,, Utjo paad il]EXa uea !v la9TdtS1OO Jo uOSJad Qi1j o ` Sr t?3Jot 0;4 0d ill 1Ek{k�[dI�EW(11�J�lidsot;U$� .junoaoe of satggjeA ur Not Public in a f or the State of Iowa tdJPT&JC�c�};aJEa�al�� aouar3s c.' y .U1 lord WS GU gsor RF'; l for abode from , 20 GAZETTE COMMUNICATIONS, INC. By .SEAN GIC LIO coww$sm uu*seR 123988 my COMMISSION EXPIRES o,t„ FEBRUARY 169 2006 E STATE OF IOWA Counties of Liars and Johnson ss. f �F FAX ofU�LFC FtEARIh1C, To Frart'h4p fY "..h C @PfCERN You are hereby"noffiied thaf:a i'utafrc kt a'n uvilr.fZa'.fte6d fdefor'e the Pbfrfk Pfatlfftrt�aired nr a q '° artd'he a'r ir rS d_ I, Toe Hladky, being duly sworn on oath, do state that I am tad to consider arnchdrrrg the�d1r�F�5E,�YY�SfYiE OrdtnolfdenfIfjCta �flheCr,vh0j1, rfa ;rdv� , the publisher of THE GAZETTE a Bail newspaper of by ameldrn ttio Official xonin�Mapihhdo ;> p a y t P haw �i�i a n�fdi� t �zdwhyttcf6s rfi a ro general circulation In Linn and Johnson Counties, Iowa. The Of certain eroparly, naw kii as I ++urr• Prams Blvd,14 more and ar,fcurarr ea �:S notice, a printed copy of which is attached, was Inserted and 1 d of 5 1Cd and the NV4 rtf4 of SE 1 Fd alt if Settfaft r ,i2"lr1c Rangy$ published in THE GAZETTE newspaper in the issue(s) of County, towa as 1G(Agrleufluraf 1]rsfrlctl P P`a h[hghaarune�,,16 betrR f7efolnolhef�frfai Pfannfng anrf Zoriipg Comi4trssian at Farrfai Cfty Ffalton NacldaY tUVarch 7;�p(t9 at 7i3U PN or soon,frereeftor,'eA.it re the Fairfax Citi Marchr8 �� af 20 PI/4 or Soon thereafteri which,irrie anct ice xou may avwear and-6e FE 20 05 heard to regard to Sard amertdrnart,. Cannfe FrarrNa,�, :Crerk The'... reasonable fee for publishing said notice is $ 12.52 Pruarhed Nrk Ilia Cedar Ralilds Gazeite or -Februar�_2tr.,2tft?5_=' . Signed and sworn to be are me on 1± -IL, 20 05 by Joe Hladky. Not y Public in a for the State of Iowa Deceived payment for above from �r d� , 20 . GAZETTE COMMUNICATIONS, INC. BY =1FE161RUAMRY18, co 8 • ° M oar I STATE OF IOWA Counties of Linn and Johnson ss. Ct'F'�47i^FlkI1�.F� N PUMIC TO 1T 1Mi lOWd that 6 P 6u are nQYeby nolafled that a Puhii Flaa€ins �rlu:n held Desire the Falrtax:Plar[nEng I Joe Hladky, being duly sworn on oath, do state that I am �6ning C6YYrrflisston aird the FarY�ax City Cc1Un ,. 4114 es i`004,of kite 64 6f Mrfat ttiWa 11�mendkngthe��iclat7driin�.M6 � d � the publisher of THE GAZETTE, daily newspaper of t ���kri k �,tmd�rle�of kn ik�W i the ,, general circulation in Linn and Johnsen Counties, Iowa.. The lorlt2�,nv desi��akin�; x6nins ClasskitcdkC6rr�! 6t iiisS t pmor Ioarticul t<n6wrr ai.6i�a cult notice a printed copy of which is attached, was inserted and dams lltUdu more park�cularly descr#bad�s 5W' � lf�of 5�114'aatd'ttS6 NW lI4 of SF 1!d ait in . sec116n16 f6vansnirxsxNorth Rand trill published in THE GAZETTE newspaper in the issue(s) of County,:to.w.a.-as A(; (Agricultural�15trIGQ..` i The.sald hearing will.be held before the Fairfax Planning and Z61`1169 Comrhlssion At Fairfax: CrtV HalF 6n W onckaY;March 7,:2405 4170 PM or s66n tft&.a#ker:and hefare.the Fairtax City. ouncrt f mfr#a Ctty Hai] on Tuesdayr 1 Eb. 2� 20 a5 March U:24�at T24#�M or s666 thereafter,ai Which lsrsie itrcd¢i'face v6u maY appear and he. heard ilfresard-t6safd amendment The reasonable fee for publishing said notice is $ 12.52 Connie Fe.arrrve,C11C Clerk t'uhlisfied s"Yr the cedar.Rapids Gazette one Eetrruary 2k„2005.: Signed and sworn to be ore me on .__ Feb. L2 20 05 , by Joe Hladky, Not y Public in and/for the State of Iowa Received payment for above from , 20 . GAZETTE COMMUNICATIONS, INC. By ell a tset+a�I f�uv �123988 + �+ My COMMISSION EXPIRES ow FESRUAR Y 1E'2008 i STATE OF IOWA Counties of Linn and Johnson ss. NgTiCE FSHEKt=6`7?CrIVEt�i.ftat the CPtW'6f Fsrrfax recetuad an°:annexaiien aoOlicatiorr:. frorn Haroid fz.- acGOrmlckr for properiy;lo- r: cated in Part.of the_W1121 NE 1/4.r Sec,10 T-90-N,R.S-Wf In Linn County,fowa.The City Council of the City,of Fairiax, Iowa Mille". acflan an ItrFs guiarrnee far at.5 O, W td the 1, Joe Hladky, being duly sworn on oath, do state that I am ,ItY at their Yeg9�iaa rrteeiing at tare CstY C-lafl 1n ahe CFty h F n a y Igwa of 7:0(I��ar Boon the publisher of THE GAZETTE, a daily newspaper of �t1ar do tC!t�$1m day of March,200 The prtlt33 ethl far amnexaiton ix'IegellY de5crit3ed 3s tvpJ taw gene circulation in Linn and Johnson Counties, Iowa. The eglnnina.at the Norlh corner'of Se6l6njl0, 1 avrtYS411zt2 Narth, .R an 11 west of thetFr Pm Qn6 County, Iowa, thence 596'0515°E notice, a printed copy of which is attached, was inserted and aalong 1heF^focih fine of the NoriFiy est 114 of,the Northeast 1/4..dfstartceaf I o6 feet to the published in THE GAZETTE newspaper in the issue(s) of Korlheasf 6 ner of The Northwest 1/4 01he; Northeast;lf4 Tttenee 500°Z5`�0°W along fhe i East iFne dfi the biKI tYrest 114 of the Northeasi 114 a dls t a3 i7 feet to?the Northeast corner of the-1 -.,W d.114 af.the Northeast 316 fhenta 5f0 25�t9M aiong the East IPne of the SoutWef at N a dis- ��b. �b 20 OS .lance of T3Z'1 featfo the Snutleasi cornee of. the5oufhrrest f6offheNoYiheesi,l6,thetce The reasonable fee for publishing said notice is $ 17 .62 N98°06'57YWw+616ft ttte South iine.pf the Norih-.- past 1�4 a?dlsfende ti;1304,72 feat to the center.-) of said Sec @iodn 10;;thi nce N00°p3r08'°E along krog'nyningFffiohssof record In all coral a�gof ion 111 a d stamtce of 265'136 feet to the porn rag a6d:: acres and of re.subleet to alP easementx d�1 ;arid reslYic uA Cdhhie>=tarns,Clix Clerk 'published to IN Cedar kanPds gze9le g ^...�,.xN..,�_.�..A.Y r e4ru ry 16,2np Signed and sworn to be ore rile on k eb 17 20 by Joe Hladky, Not ffy Public in ar&for the State of Iowa Received payment for above from , 20 GAZETTE COMMUNICATIONS, INC. By ,fit+ jF.AN GIGLIO �+ L em"Sa*+musaft 123966 • my COMMISSION EXPIRES o,wt FEBRUARY 18, zone I 4 i SPATE OF IOWA Counties of Finn and Johnson ss. I, doe Hladky, being duly sworn on oath, do state that I am the publisher of THE GAZETTES 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 in the issue(s) of Feb. 21 20 OS The reasonable fee for publishing said notice is $ 93.13 I Signed and sworn to be ore me on Feb. 22 , 2005 , by Joe Hladky. Not y Public in arWfor the State of Iowa Received payment for above from _ _ , 20 . GAZETTE COMMUNICATIONS, INC.. By 9IGLO fol comas*" eaR1 2396.6 1 My COMMISSION EXPIRES FEGR ,8,26 RESOLUTION NO. RESOLUTION APPROVING THE VOLUNTARY ANNEXATION AND ZONING, CLASSIFICATION OF PROPERTY LOCATED IN PART OF THE W1/2, NEI/4, SECTION 10, TOWNSHIP 82 NORTH, RANGE 8 WEST,LINN COUNTY, IOWA (Harold R. McCormick, Request) WHEREAS, Harold R. McCormick, owner of property located in part of the W1/2, NE 1/4, Section 10, Township 82 North, Range 8 West of the Fifth Principal Meridian, subject to the public road and easements of record, Linn County, Iowa, legally described as follows: Beginning at the North comer of Section 10, Township 82 North, Range 8 West of the 5th P.M. Linn, County, Iowa; thence S88'05'15"E along the North; line of the Northwest 114 of the Northeast 1/4 a distance of 1326.08 feet to the Northeast corner of the Northwest 1/4 of the Northeast 1/4; Thence S00'25'50"W along the East line of the Northwest 1/4 of the Northeast 114 a distance of 1329.17 feet to the Northeast comer of the Southwest 1/4 of the Northeast 1/4; thence S00'25'19"W along the East line of the Southwest 1/4 of the Northeast 1/4 a distance of 1329.79 feet to the Southeast comer of the Southwest 1/4 of the Northeast 114- thence N88'04'57"W along the South line of the Northeast 1/4 a distance of 1308.72 feet to the center of said Section 10; thence N00'03'08"E along the West line of the Northeast 1/4 of said Section 10 a distance of 2659.36 feet to the point of beginning of this description, in all containing 80.39 acres and being subject to all easements and restrictions of record." WHEREAS, Harold R. McCormick did make voluntary application dated December 29, 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 City Development Board 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 City Development Board as specified by the Code of Iowa; and, BE IT FURTHER RESOLVED, That the City Development Board be authorized and directed. to record a copy of the legal description, map and resolution with the appropriate agencies, 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 of 2005. AYES: 0 W-tt" NAYS: — ABSENT: The foregoing Resolution No.,— having been approved this date by the Fairfax City C cil, I h re by approve the same by affixing my signature as Mayor on this day of 2005. NIT—V&ss-, Mayor A TTEST. onnie Frame, City Clerk i CITY OF FA1R1F'AX NOTICE OF PUBLIC HEARING VOLUNTEER ANNEXATION & ZONING CLASSIFICATION TO WHOM IT MAY CONCERN: You are hereby notified that a Public Hearing will be held before the City Planning and Zoning Commission and the Fairfax City Council of the City of Fairfax, Iowa, upon the application for voluntary annexation to the City, filed by Harold R. McCormick, owner of the premises described as, Part of the W1/2, NEI/4, Sec. 10 T-82-N, R-8-W, Fairfax, Iowa, more particularly and legally described as: "Beginning at the Nolh corner of Section. 10, Township 82 North, Range 8 West of the 5th P.M. Linn County, Iowa; thence S88°05'15"1~, along the North line of the :Northwest 1/4 of the Northeast 1/4 a distance of 1326.08 feet to the Northeast corner of the Northwest 114 of the Northeast 114; Thence S00°25'50"W along the East line of the Northwest 1/4 of the Northeast 1/4 a distance of 1329.17 feet to the Northeast corner of the Southwest 1/4 of the Northeast 114; thence S00°25'19"W along the East line of the Southwest 1/4 of the Northeast 114 a distance of 1329.79 feet to the 'Southeast corner of the Southwest 114 of the Northeast 114; thence N88°04'57"W along the South line of the Northeast 114 a distance of 1308.72 feet to the center of said Section 10; thence N00°03'08"E along the West line of the Northeast 1/4 of said Section 10 a distance of 265936 feet to the point of beginning of this description, in all containing 80.39 acres and being subject to all easements and restrictions of record,," for annexation of said property with the zoning classification of AG (Agricultural).. All interested persons may review the proposed voluntary annexation and file their comments in writing with the City Clerk of Fairfax, Iowa. The said hearing will be held before the Fairfax Planning and Zoning Commission at Fairfax City Hall on Monday, March 7, 2005 at 7:00 PM or soon thereafter, at which time and place you may appear and be heard in regard to the application. The Public Hearing on the same application will be held before the Fairfax City Council on Tuesday, March 8, 2005 at 7:00 PM, or soon thereafter, at Fairfax City Hall. Connie Frame, City Clerk f NOTICE O ANISE `f1ON REQUEST IIEST NOTICE IS HEREBY GIVEN that the City of Fairfax received an annexation application from Harold R. McCormick, for property located in Part of the W1/2, NE1/4, Sec. 10, T'- 82-N, R-8-W in Linn County, Iowa. The City Council of the City of Fairfax, Iowa, will take action on this application for annexation to the City at their regular meeting at the City Hall in the City of Fairfax, Iowa, at 7:00 PM or soon after on the 8th day of March, 2005. The property for annexation is legally described as follows: `Beginning at the North corner of Section 10, Township 82 North, Range 8 West of the 5th P.M. Linn County, Iowa; thence S88°05'15"E along the North line of the Northwest 1/4 of the Northeast 1/4 a distance of 1326.08 feet to the Northeast corner of the Northwest 114 of the Northeast 1/4; Thence S00°25'50"W along the East line of the Northwest 1/4 of the Northeast 1/4 a distance of 1329.17 feet to the Northeast corner of i the Southwest 1/4 of the Northeast 1/4; thence S00°25'14°°W along the East line of the Southwest 1/4 of the Northeast 1/4 a distance of 1329.79 feet to the Southeast conger of the Southwest 1/4 of the Northeast 1/4; thence N88°04'57""''W along the South line of the Northeast 1/4 a distance of 1308.72 feet to the center of said Section 10; thence N00°03'08"E along the West line of the Northeast 1/4 of said Section 10 a distance of 2654.36 feet to the point of beginning of this description, in all containing 80.39 acres and being subject to all easements and restrictions of record." Connie Frame, City Clerk Published in the Cedar Rapids Gazette on February 16, 2005 RESOLUTION 0 LINN COUNTY BOARD OF SUPERVISORS RESOLUTION REGARDING PROPOSED VOLUNTARY ANNEXATION WHEREAS, a petition for voluntary annexation has been filed by Harold R.McCormick for property legally described as the W%of the NEY,of Section 10-82-8- WKEREAS, Section 368.7 of the Code of Iowa was amended In 2003 and includes the,following requirement: "Not later than thirty days after the consultation,the board of supervisors of each county that contains all or a portion of the territory to be annexed shall, by resolution, state whether or not it supports the application or whether it takes no position in support of or against the application. If there is a comprehensive plan for the county, the board shall take the plan into account when considering its resolution." WHEREAS, a consultation meeting was held by the City of Fairfax on January 13, 2005, notice of which was mailed to the Board of Supervisors and Fairfax Township "Trustees on January 6, 2005. WHEREAS, the Linn County 2000 Rural Land Use Plan designates the properties to be annexed as Metro Urban Service Area. WHEREAS,the property proposed for annexation lies within the boundary of the annexation limitations of the City of Fairfax as described in the 231E Agreement Between the City of Fairfax and the City of Cedar Rapids Regarding the Provision of Sanitary Sewer to a Specific Area and the Annexation of Properties, dated March 20101. NOW, THEREFORE BE IT RESOLVED, by the Board of Supervisors, of Linn County, Iowa,that the Board supports FjP'0*i takes 1 M-P&Akw-en the proposed voluntary annexation. Passed and approved this 26th day of January 2005. Linn County Board of Supervisors Aye:3 4i slon Nay: roe hairperson Abstain: tJ Absent'. 0 Sraipervisor Attest: I da La g erg, nn Coun Au o d Secretary to he B rd of Su rvis rs a Linn County Board of Supervigors ReWution# � —Z City of Marion nv unta nnex. n X-02-05 Page 2 of 2 State of Iowa ) ) SS County of Linn ) 1, Linda Langenberg, County Auditor of Linn County, Iowa end Secretary to the Board of Supervisors, Linn County, loofa, hereby certify that at a regular meeting of the said Board of Supervisors the foregoing resolution was duly adapted by a vote of: Aye Nay Abstain talent a Lag erg Subscribed and sworn to erne by the aforesaid Linda Langenberg, on this —day of 20QO CommOOM J.RAMER 705"5 2a�r Y Public RESOLUTION NO. RESOLUTION APPROVING CITY OF FAIRFAX ANNUAL BUDGET FOR FISCAL YEAR 2005-2006 WHEREAS, The Code of Iowa, Chapter 384, Section 16, requires that all cities prepare and adopt an Annual Budget of expenditures and receipts for at least the next fiscal year; and WHEREAS, The clerk shall certify the necessary tax levy for the next fiscal year to the County Auditor. NOW, THEREFORE, BE IT HEREBY 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 Lirm County Auditor on or before March 15, 2005. AND BE IT FURTHER 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 adopted this day of jd,&=�2005- Bill Voss,Mayo'r ATTEST City Clerk/Deputy Clerk RESOLUTION NO. J_ 00 f) A RESOLUTION TO ISSUE FINAL PAYMENT TO YO EXCAVATING, INC FOR THE 2001 WATER MAIN REPLACEMENT PROJECT WHEREAS, On February.11, 2003 Resolution No. 03-02-11-3 was adopted accepting the 2001 Water Main Replacement Project from Yordi Excavating, Inc.; and, WHEREAS, Said Resolution directed the City Clerk to retain the balance clue of $5,642.93 until claim filed against the project had been resolved; and, 1 WHEREAS, The City of Fairfax, Iowa, resolved the claim at a cost of$2,410.00; and, NOW, THEREFORE BE IT RESOLVED, By the City Council of the City of Fairfax, Iowa, That the City Clerk is hereby directed to issue payment in the amount of $3,232.93 as final payment for the 2001 Water Main Replacement Project to Yordi Excavating, Inc. Passed and approved this -day ofl/2a4_), "� 2005 AYES ' NAYS: ABSENT: The foregoing Resolution No. having been approved this date by the C" Council, h- b approve the,sarne by affixing my signature as Mayor on this day of 7 72005. Bill Vass,Mayor ATTEST: Connie Frame, City Clerk YORDI EXCAVATING, INC. 707 271 Avenue SW, Suite B Cedar Rapids, lA 52404 Office (319)286-9127 Fax (319)286-91.33 2/14/05 City of Fairfax 525 Vanderbilt St. Fairfax, 1A 52228 RE: Retainage from 2001 Water Main Replacement Project Honorable Mayor and City Council Members, I am writing this letter in reference to the retainage monies withheld from the 2001 Water Main Replacement Project constructed by Yordi Excavating, Inc. in Fairfax. The project was accepted on February 11, 2003 less retainage of $5,642.93 due to the possibility of a claim by a business property owner along the pr(�Ject route. The property owner had until the bond expiration date to foie a claim and did not do so. We are requesting the retainage be released at this time since the bond has expired as of February 12th, 2005. Thank you for your time concerning this matter and would appreciate a timely response. urs truly, Dennis D Yordi, Yordi Excavating, Inc: REA SOLUTION NO. 2005 - SETTING TIME AND PLACE FOR A PUBLIC HEARING FOR THE PURPOSE OF SOLICITING WRITTEN AND ORAL COMMENTS ON THE CITY'S PROPOSED AMENDMENT TO FISCAL YEAR 21004-2005 BUDGET WHEREAS, The City Council of the City of Fairfax, Iowa, has prepared an amendment to the Annual Budget for Fiscal Year 2004-2005; and WHEREAS, Iowa Code 384.16.3 requires a public hearing on the proposed ,amended budg,(,,t where any resident or taxpayer of the city may present to the council objections to any part of the budget amendment for the following fiscal year or arguments in favor of any part of the budget before its adoption and certification to the county auditor; and, WHEREAS, Interested residents or taxpayers having comments for or against these proposals may appear and be heard at the public hearing at the City Council meeting on April 12, 2005 at 7:00 PM or soon thereafter, at the Fairfax City Hall, 525 Vanderbilt St., Fairfax, Iowa; and, NOW, THEREFORE, BE IT RESOLVED By the City Council of the City of Fairfax, Iowa, that this confirms that the Council order the publication of a notice of public hearing pertaining to the adoption of the Fiscal Year 2004-2005 Amended, Budget not less than ten (10) days nor more than twenty (20) days prior to the date set for the hearing. PASSED AND APPROVED this day of 2005. Bill Voss,Mayor Attest: Connie Frame, City Clerk RE'SOLUTION NO, A RESOLUTION AUTHORIZING THE TRANSFER OF FUNDS FROM THE WATER MAIN RECONSTRUCTION CAPITAL PROJECT $450,000 GENERAL OBLIGATION WATER NOTE SERIES 2001 FUND ISSUED ON 01 OCTOBER 01 TO THE WATER FUND Be it enacted by the City Council of the City of Fairfax, Iowa: Section 1. Transfer from Water Main Reconstruction Capital Project $450,000 General Obligation, Water note Series 2001 Fund issued on I October 01 to the Water Fund as follows: a. Transfer Order: $2,410.00 Purpose: To correct posting of check #20683 issued to Prairie Road Builders, Inc on September 12, 2003 to repair damages incurred by Yordi Excavating to Don's Auto's parking lot at Highway 151 & Church Street during the Water Main Reconstruction Project THEREFORE, BE IT RESOLVED, By the City Council of the City of Fairfax, Iowa that the Mayor and City Clerk are hereby authorized and directed to execute said Resolution. �' ,'4 Passed and approved this day of LI005, AYES NAYS ABSENT: The foregoing Resolution No. 2=:f having been approved this date by the Cit ouncil,�tb v the same by affixing my signature as Mayor on this y appro day o 2005. Y-55z X 41f-el Bill Voss, Mayor ATTEST: Connie Frame, City Clerk ORDINANCE NO. ., AN ORDINANCE AMENDING THE FAIRFAX ZONING ORDINANCE OF 2000 OF THE CITY OF FAIRF'AX, IOWA,, BY AMENDING PROVISIONS PERTAINING TO SECTION 1.13 BOARD OF ADJUSTMENT; SPECIAL EXCEPTIONS; VARIANCES Be It Enacted by the City Council of the City of Fairfax, Iowa: ,SECTION 1. Section 1.13(F), Fee, of the Zoning Ordinance of the City of Fairfax, Iowa, is amended by repealing Subsection F. and adopting the following in lieu thereof: F. Fee: Before any action is taken upon an application of an appeal, variance, conditional use or revised site plan is filed, as provided in this Ordinance, the applicant shall pay to the administrative Officer a non-refundable fee of fifty (50.00) dollars as established by ordinance of the City Council. The Administrative Officer shall forthwith pay over such fees to the credit of the General Fund of the City of Fairfax, Iowa. The failure to approve an application shall not be construed as any reason for refunding the fee to the applicant. SECTION 5, 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 b. WHEN EFFECTIVE. This ordinance shall be in effect from and after its final passage, approval and publication as provided by law. Introduced and passed by the Co tncil on the. ' day of / (�!; 2005, and approved this day �,r - — pp y of '� 2005. Bill Voss, Mayor ATTEST: ity Clerk i First Reading: Second Reading: P . Third Reading: � ._, _ .. -„^) I certi thZ tlae .foregoing was pasted as Ordinance o. on the of '12005. . t Connie Frame, City Clerk i i ORDINANCE NO. AN ORDINANCE AMENDING THE FAIRFAX ZONING ORDINANCE OF 2000 OF THE CITY OF FAIRFAX, IOWA, BY AMENDING PROVISIONS PERTAINING TO SECTION 1.06 APPLICABILITY OF REGULATIONS AND THE OFFICIAL ZONING MAP Be It Enacted by the City Council of the City of Fairfax, Iowa: SECTION 1. Section 1.06, E. Annexed Territory, of the Zoning Ordinance of 2000 of the City of Fairfax, Iowa, is amended by adding Subsection 1. Application Fee and adopting the following in lieu thereof- 1. Application Fee: Before any action is taken upon an application for voluntary annexation, the applicant shall pay to the Administrative Officer a non-reftindable fee of fifty (50.00) dollars as established by ordinance of the City Council, The Administrative Officer shall forthwith pay over such fees to the credit of the General Fund of the City of Fairfax, Iowa. The failure to approve an application for voluntary annexation shall not be construed as any reason for refunding the fee to the applicant. SECTION 5. 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 6. WHEN EFFECTIVE. This ordinance shall be in effect from and after its final passage, approval and publication as provided by law. Introduced and passcd b y the e C I on the Lday of�&dzz. �k 2005, and approved this day of 2005, Bill Voss, Mayor AT7ST: Connie Frame, City Clerk, First Reading. /"7 Second Reading: Third Reading: ce f that the ,foregoing was posted as Otdinwice No-'.1)(1-12— orz the `�� clay of 2005. fir J Carulie Frame, City Clerk r 0 .......... .fie i ORDINANCE NO. _2 AN ORDINANCE AMENDING THE FAIRFAX ZONING ORDINANCE OF 2000, OF THE CITY OF FAIRFAX, IOWA, BY AMENDING THE OFFICIAL ZONING MAP AND ZONING DISTRICT BOUNDARIES OF THE CITY OF FAIRFAX, IOWA, BY DESIGNATING THE ZONING CLASSIFICATION OF CERTAIN PROPERTY, NOW KNOWN AS 1108 WILLIAMS BLVD, MORE PARTICULARLY DESCRIBED AS: SW 114 OF SE 1/4 AND THE NW 114 OF SE 114 ALL IN SECTION 16, TOWNSHIP 82 NORTH, RANGE 8, LINN COUNTY, IOWA, AS AG (AGRICULTURAL DISTRICT) BE IT ENACTED by the City Council of the City of Fairfax, Iowa-, SECTION 1. The Official Zoning Map and the Zoning District Boundaries of the City of Fairfax, Iowa, are amended by designating the zoning classification of the following described property as AG(Agricultural District), as requested by Selzer Farms: All that real property situated in the City of Fairfax, County of Linn, State of Iowa, now known 1108 Williams Blvd, more particularly described as follows: SW 114 of SE 1/4 and the NW 1/4 of SE 114 all in Section 16, Township 82 North, Range 8, Linn County, Iowa 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. .' t Introduced and passe W th Co m Qii the e day of 2005, -11, and approved this day of 2005, Bill Voss, Mayor A T; T: ILI Connie Frame, City Clerk - i i First Reading; Second Reading: "Third Reading: I certify t- the foreg, ing was published as Ordinance No. on the day of '=� , 2005. Connie Frame, City Clerk i ORDINANCE NO. AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF FAIRFAX, IOWA, 2002, BY AMENDING PROVISIONS PERTAINING TO THE COMPENSATION OF THE MAYOR BE IT ENACTED by the City Council of the City of Fairfax, Iowa: SECTION 1. SUBSECTION MODIFIED. Chapter 15, Section 1, Subsection 15.04 of the Code of Ordinances of the City of Fairfax,-Iowa, 2002, is repealed and the following adopted In lieu,thereof: 15.04 COMPENSATION. The salary of the Mayor is four thousand ($4,000.00) per year, payable semi-annually. ,(Code of Iowa, See. 372.13[8]) 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. Introduced and passed p the Cou 'I on the day of and approved this day of 2005. B11 Voss, Mayor Connie Frame, City Clerk First Reading: Second Reading: Third Reading: I c ify that the foregoing was posted as Ordinance No. on the day of 2005. Connie Frame, City Clerk ORDINANCE NO. AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF FAIRFAX, IOWA, 2002, BY AMENDING PROVISIONS PERTAINING TO THE COMPENSATION OF THE COUNCIL BE IT ENACTED by the City Council. of the City of Fairfax, Iowa: SECTION 1. SUBSECTION MODIFIED. Chapter 17, Section 1, Subsection 17.06 of the Code of Ordinances of the City of Fairfax,Iowa, 2002, is repcaled and the following adopted in lieu thereof: 15.06 COMPENSATION. The salary of each Council member is fifty dollars ($50.00) for each meeting of the Council attended, payable semi- annually. (Code of Iowa, Sec. 372.13[8]) SECTION 2. SE'VERABILITY 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 froin. and after its final passage, approval and pdblication as provided by law, �-x Introduced and passe day of IZ4�—j, 2005 ,,d by the CyunpA*l on the and approved this day of 2 0 0 5. Bill Voss, Mayor, EST: o1u-UZe`Frame, City Clerk First Reading: Second Reading: Third Reading: I c 'Ifv that the foregoing was posted as Ordinance No. A3- on the day of 2005, Connie Frame, City Clerk Claims List Dated 8 March 05 Checks 22956 thru 23076 Check 8 R,J.Construction Construction/321 Siepmian Dr 4,863-04 4,863.04 General Fund Check 23022 Alliant Energy Electricity 594.25 Check 22984 Beth A.Wilz Wage 75.12 Check 22963 Brad Wisnousky Reimb food 50.00 Check 22980 Catherine Bayne Wage 674.40 Check 23001 Connie Frame Reimb postage 12.01 Check 22957 Connie R. Frame Wage 405.44 Check 22974 Connie R. Frame Wage 405.44 Check 22986 Connie R. Frame Wage 405.44 Check 23048 Connie R.Frame Wage 405,44 Check 22962 Costigan Construction Labor/lighting 1,228.07 Check 23003 CRIL Lawn Care&Landscaping Weed control 296.00 Check 23032 CTS Textile Leasing Mat rental 36.95 Check 23045 Dan's Overhead Doors 1 Repair fire station doors 470.58 Check 23008 Dan Happe Reimb training 239.80 Check 23035 Dave Yanecek Clothing 135.30 Check 22958 David Yanecek Wage 458.36 Check 22975 David Yanecek Wage 458.36 Check 22987 David Yanecek Wage 458.36 Check 23049 David Yanecek Wage 458,36 Check ACH Elan Parts/postage/supplies 560.56 Check 22990 Fairfax State Savings Bank FICA/Fed tax 3,397,28 Check 23029 Fauser Energy Resources Fuel/supplies 471,98 Check 22991 Fittings Unlimited Stethoscope/pants 133-79 Check 23012 Gazette Communications,Inc. Publishing 288.30 Check 23042 Graybill Electronics, Inc., Repairs 50.15 Check 22967 GSTC Fuel 64.37 Check 23014 Hall&Hall Engineers,Inc. Engineering 398.00 Check 23021 Heiman, Inc. Helmet 259.55 Check 23010 Hungry Hobo Food items 64.68 Check 22961 i wireless Phone bill 50.89 Check 22989 IPERS Tax 1,229.84 Check 22981 Jennifer C. Everett Wage 45.98 Check 22971 K&B Ag Supply Lime ball diamond 64.11 Check 22982 Kathy J.Everett Wage 164.39 Check 22983 Kathy J. Everett Wage 615.89 Check 22964 Kirkwood Community College Training 385.25 Check 23006 Linn County Firefighter's Assn. Batteries 10.00 Check 22978 Linn County Recorder Recording fees 77,00 Check 22970 Lynn Miller E-911 Meetings 50.00 Check 23030 Menards-Cedar Rapids SO Supplies 120.04 Check 22968 Mid American Energy Gas 916.98 Check 22966 Moyer&Bergman Legal services 580.00 Check 23009 Municipal Emergency Services Faceseal/head harness 628.26 Check 23033 Municipal Emergency Services Equipment 279,40 Check 22979 Nancy Flickinger Wage 2,4156,45 Check 23013 Nancy Flickinger Reimb mileage 69.66 Check 23041 Office Express Paper 121.75 Claims List Dated 8 March O�5 Checks 22956 thru 23076 Check 23036 ORKIN Exterminating/lIbrary 49.00 Check 23018 Pace Supply Janitorial supplies 20,55 Check 22959 Port'O'Johnny Toilet service 85.00 Check 22956 Ronald G. Dusil Wage 528.74 Check 22973 Ronald G. Dusil Wage 528.74 Check 22985 Ronald G. Dusil Wage 528.74 Check 23047 Ronald G.Dusil Wage 528.74 Check 23037 Sankot's Garage Vehicle maintioil dry 206.55 Check 23011 Shelton Technologies,Inc. Copier agreement 266.89 Check 23034 South Slope Telephone Phone 514.87 Check 23044 Staples Credit Plan Supplies 161.35 Check 23000 Storm Steel Steel 25.49 Check 23007 Tadd Andrie Reimb training 239.80 Check 22965 Wellmark Health Insurance 1,139.00 Check 23057 Emergency Medical Products, Inc Gear 332.00 Check 23058 Linn County Firefighters Assn. Study Guide/Pottebaum 22.00 Check 23059 Batteries Included Batteries 32.16 Check 23060 Kirkwood Community College Training 55.00 Check 23061 Menards-Cedar Rapids SO Hose 29.96 Check 23062 Kathy J.Everett Reimb postage 11-85 Check 23063 Penworthy Books 274.94 Check 23064 Windfall Books Books 123.76 Check 23065 Demoo Supplies/rack1casters 424.80 Check 23066 Post Master Box Rent 33.00 Check 23067 Baker&Taylor Books 250.13 Check 23068 Baker&Taylor Books 20.14 Check 23069 Knowbuddy Resources Books 249,50 Check 23070 Cathy Bayne Reimb postagelvideos 146.26 Check 23072 Connie Frame Reimb postage newsletters 116.60 Check 23073 Fareway Grocery items/pop 93.30 Check 23076 i wireless Phone 46.25 Total General Fund: 27,907.34 Housing Rehab Check 21999 R.J.Construction Construction 3,889.96 Total Housing Rehab 3,889.96 Road Use Tax Check 23025 Alliant Energy Electricity 886,71 Check ACH Elan Parts/supplies 56.33 Check 23055 Linn County REC Electricity 336.71 Check 22998 Menards-Cedar Rapids SO Pot hole patch/parts 32,77 Check 23026 Pace Supply Speed hump signs 306.50 Check 23002 Sevig Construction Co, Hauling rock 129.00 Total Road Use Tax 1,748,02 Water Fund Check 22993 Advanced Water Technology,Inc. Pump/chemicals 899.66 Check 23050 Advanced Water Technology,Inc, Pump/chemicals 220,93 Check 23023 Alliant Energy Electricity 256.28 Check 22992 American Backfiow Prevention Assn Registration fee 130.00 .... ...... .. .... .................. Claims List Dated 8 March 05 Checks 22956 thru 23076 Check ACH Elan Postage/supplies 241.47 Check 22995 Electric Pump PTFE Diapraghm 73.07 Check 22994 Hach Company Chemicals/tests 348.50 Check 23046 HSBC Business Solutions Heater 279.50 Check 23038 IAMU CCR Registration 18.00 Check 23039 [AMU 2005 Dues 393.01 Check 23053 Linn County REC Electricity 810.24 Check 22997 Menards-Cedar Rapids SO Pump house 2 193,88 Check 23031 Menards-Cedar Rapids SO Parts 33,96 Check 22969 Mid American Energy Gas 320.32 Check 23005 Sevig Construction Co, Pipe 114.40 Check 23052 US Cellular Phone bill 179.40 Check 22960 Waterworks C&I Pump repairs 45.00 Check 23074 Waterworks C&I Labortfilter 50.00 Check 23075 Advanced Water Technology, Inc. injection valve 211.78 Total Water Fund., 4,819.40 Sewer Fund Check 23024 Alliant Energy Electricity 273.46 Check 23019 City of Cedar Rapids SCIF fee 1,527.50 Check 23016 City Treasurer 28 E Prairie View Estates 2,102.16 Check 23051 Ken-Way Sewer Service Jetter service 285-00 Check 23054 Linn County REC Electricity 69.75 Total Sewer Fund: 4,257.87 Garbage Fund Check 23020 Matt Parrott&Sons Company Utility bills 517,09 Check 23040 Waste Management of Iowa City Trash service 3,877.20 Total Garbage Fund: 4,394.29 Iron Filtration Plant Check 22996 Menards-Cedar Rapids SO Parts/repairs 23.61 Check 23004 Sevig Construction Co. Material/filtration plant 876.50 Check 23071 G&H Electric, Inc. Furnace 1,814,90 Total Iron Filtration Plant: 2,715.01 Lagoon Aeration Project Check 23015 Hall&Hall Engineers, Inc. Lagoon project 4,414.10 Total Aeration Project: 4,414.10 Trust&Agency Check 22977 Brian Schmuecker Deposit refund 13.00 Check 22976 City of Fairfax Deposit applied to water bill 47.00 Check 22988 City of Fairfax Deposit applied to water bill 90.00 Check 23043 City of Fairfax Deposit applied to water bill 74.40 Check 23017 Joel Hanson Deposit refund 90,00 Check 22972 Shelly Thompson Deposit refund 90.00 Total Trust&Agency: 404,40 Water Main Reconstruction Check 23056 Yordl Excavating, Inc. Final payment 3,232.93 Claims List Dated S March 05 Checks 22966 thru 23076 Water Main riaconstlon total: 3,232.93 Total: 62646.36 i 5,40.Phil City of Fairfax � 03105/05 Balance Sheet Accrual Basis As of February 28, 2008 Feb 28, 05 ASSETS Current Assets Checking/Savings Fairfax Visioning 4,633.00 Money Market -UPRR Fund 16,048.24 Housing Rehab -Non Interest 4,863.04 Certificates of Deposit General Fund 117,286.12 Sewer Fund 41,674.48 Total Certificates of Deposit 158,960.60 I i Checking Account General Fund 365,475.58 Special Revenue Housing Rehab 3,184.94 Local Option Tax 28,203.65 Road Use Tax 31,196.24 TIF Fund 148,821.28 Total Special Revenue 211,406.11 Capital Project-$465,000 GO Library Building 35,260.67 City Hall Roof 1,386.49 Total Capital Project-$465,000 GO 36,647.16 Enterprise Fund Water 56,265.15 Sewer 63,578.65 Garbage 49,559.86 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 Lagoon Aeration Project 523,046.50 Trust &Agency 19,215.95 Total Enterprise Fund 785,254.29 Total Checking Account 1,398,783.14 Savings Accounts Local Option 2004-2005 Street Improvements 30,643.74 Sewer Improvements 30,643.74 Any Lawful Purpose 15,321.86 Total Local Option 2004-2005 76,609.34 Arbor Team 1,036.36 FD Equipment Regular Savings 11,216.64 Memorial Fund 1,639.40 Pagel .............. ............... 5:40 PM City of Fairfax 03105/05 Balance Sheet ccrual Basis As of February 28, 2005 Feb 28, 05 Truck Memorial 6,250-00 Public Education 76836 St Luke's Grant 681-00 Total FD Equipment 20,555.40 FD Truck Fund 26,752.01 FD Fireworks 6,247.86 Library Gifts & Bequests 2,023.05 Memorials Library Gifts &Bequests -Other ....... 52998.112,15, Total Library Gifts & Bequests 8,021.30 Local Option 2001-02 Property Tax Relief 11,599.96 Street Improvements 15,258.88 Total Local Option 2001-02 26,858.84 Total Savings Accounts --- 166,081.11, Total Check!ng/Savi ngs 1,749,369.13 Total Current Assets 1,749,369.13 ... ............. TOTAL ASSETS 1,749,369.13 LIABILITIES & EQUITY Equity 1,130,250.03 Opening Bal Equity 6 Net Income 19,119.10 Total Equity 1,749,369.13 TOTAL LIABILITIES & EQUITY 1,749,369.13 Page 2 5:42 PM Certificates of Deposit 03105/05 Balance Sheet Nccrual Basis As of February 28, 2005 Feb 28, 05 ASSETS Current Assets Checking/Savings General Fund Library 7,528.66 10274 6,941.43 10679 9,605.60 11239 ---- Total Library 24,075.69 Park 12,310.86 10180 1,232.64 11240 2,35818 11605 --- Total Park 15,901-68 Policy&Administration 2,304.16 11870 10681 6,94143 �8,628.45 11242 12,326.34 11241 5,876.14 11468 Total Policy&Administration 36,076.51 Transportation 6,941.43 10680 23,935-56 11606 11999 7,890-00 11243 R ---2,465.25— Total Transportation 41,232.24 Total General Fund 117,28612 Sewer Fund 6,301.74 10967 35,372.74 11604 41,674.48 Total Sewer Fund Total Checking/Savings 158,960-60 Total Current Assets 158,960.60 TOTAL ASSETS 158,960.60 LIABILITIES & EQUITY Equity 154,403.74 Opening Bali Equity 3,049-41 Retained Earnings 1,507.45 Not Income 158,960-60 Total Equity — TOTAL LIABILITIES&EQUITY 158,960.60 Pagel I I 14 0 o o o Wcs o 7 " cl O Q CD CD 0 @ �. 9 un as rS ' e I� Ln N 6 7 UD JZ t� V ' coo C- O 1 �r `� 3V 1-96 'F !� oc �; CL CD 0-1 oc ge- ua tv CPO C= .. ...................... ............... Receipts/Expenditures by Fund 28 February 05 February Receipts General Fund 9217.94 Road Use Tax 5876.45 T&A Meter Deposits 300.00 Water Fund 9891.55 Sewer Fund 8221.43 Garbage Fund 5762.92 TIF 1763.45 LOST-2nd Issue 13830.13 Savings Account Revenue FD Equipment Fund 350.00 UPRR Money Market 22.50 Library Gifts/Bequests 1025.00 Total Revenue: 57261.37 February Expenses General Fund 28582.24 Road Use Tax 4244.84 Water Fund 2057.20 Sewer Fund 4678.11 Garbage Fund 3876.00 T &A- Meter Deposits 330.00 Lagoon Aeration Project 4808.88 Total Expenditures: 48577.27 .. ................ Utility Billing Mouth End Worksheet Month of �6wm I DD5 t. Month Utilities Receivables on 2M (Date) (Billing Register) BILLINGS- 2. Billing of Penalties on r\ fiky a4 D5 -Ato- (Date-Penalty Cal elation) 3. Total Billed (Add lines I &2) 5 11. 4. Adjustments to Balance (Adjustment Report) T5 5. Net Receivables (Add/Subtract Lines 3, 4) 6. 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) 10. Current Utilities Receivable(Trial Balance) 11. Difference (Zero if balanced) (Subtract line 7 from 10) 12. Balance due City as of (Supporting documents on file) Date Prepared 1 Date Approved Prepared By Approved By