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HomeMy WebLinkAbout05-10-2005 Council Minutes AGENDA FAIRFAX CITY COUNCIL REGULAR MEETING TUESDAY, MAY 10, 2005 AT 7400 PM FAIRFAX CITY HALL—525 VANDERBILT STREET Tentative Agenda with possible action on the following items: 1. Call to Order/Roll Call 2. Approval of Agenda and Clerk's Financial Reports 3. Approval of and place on file: a. Minutes dated April 12, 2005 —Regular Meeting 4. Accept and place on file: a. Minutes dated.April 18, 2005 —Planning &Zoning Commission,Meeting 5. Public Hearing—Amending the Fairfax Zoning Ordinance of 2000 a. Section 1.05 Rules and Definitions, Subsection B. Definitions 1. Review Planning &Zoning Commission's Recommendation to approve amendment to 1.05 Rules and Definitions b. Section 1.07.B RS: Single Family Residential, Subsection D. Bulk Regulations 1. Review Planning &Zoning Commission's Recommendation to approve amendment to 1.073 RS: Single Family Residential, Subsection D. Bulk Regulations 6. Proposed Ordinance No. 34 pertaining to amending the Fairfax Zoning Ordinance of 2000—Section, 1.05 Rules and Definitions a. Consider introduction of Ordinance No. 34 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. 34 c. Consider motion for final passage and adoption with respect to Ordinance No. 34, AN ORDINANCE AMENDING THE FAIRFAX ZONING ORDINANCE OF 2000, OF THE CITY OF FAIRFAX, IOWA, BY AMENDING PROVSIONS PERTAINING TO SECTION 1.05 RULES AND DEFINITIONS 7. Proposed Ordinance No. 35 pertaining to amending the Fairfax Zoning Ordinance of 2000— Section 1.07.b RS—Single Family Residential a. Consider introduction of Ordinance No. 35 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. 35 c. Consider motion for final passage and adoption with respect to Ordinance No. 35, AN ORDINANCE AMENDING THE FAIRFAX ZONING ORDINANCE OF 2000, OF THE CITY OF FAIRFAX, IOWA, BY AMENDING PROVISIONS PERTAINING TO SECTION 1.07.B RS: SINGLE FAMILY RESIDENTIAL 8. Public Hearing— Gordon Sevig Request for Rezoning Classification from AG (Agricultural) to 2 RM (Multi-Family Residential) a. Review Planning & Zoning Commission's Recommendation to approve Rezoning Classification—2 RM (Multi-Family Residential) 9. Consider motion to accept Planning & Zoning's Recommendation to approve Rezoning Classification of 2 RM (Multi-Family Residential) Gordon Sevig property 10. Proposed Ordinance No. 36 pertaining to aniending the Fairfax Zoning Ordinance of 2000 Official Zoning Map and Zoning District Boundaries a. Consider introduction of Ordinance No:. 36 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. 36 c. Consider motion for final passage and adoption with respect to Ordinance No. 36, 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 BY REZONING CERTAIN PROPERTY GENERALLY LOCATED EAST OF 80TIl STREET AND SOUTH OF WILLIAMS BLVD IN THE CITY OF FAIRFAX, IOWA,FROM AG(AGRICULTURAL DISTRICT) TO 2 RM (MULTI-FAMILY RESIDENTIAL DISTRICT) 11. Public Hearing—Gordon Sevig Request for Rezoning Classification from AG (Agricultural) to 9 RS (Single Family Residential) 1. Review Planning &Zoning Commission's Recommendation to approve Rezoning Classification—9 RS (Single Family Residential) 12. Consider motion to accept Planning& Zoning's Recommendation to approve the Rezoning Classification of 9 RS (Single Family Residential) Gordon Sevig property 13. Proposed Ordinance No. 37 pertaining to amending the Fairfax Zoning Ordinance of 2000—Official, Zoning Map and Zoning District Boundaries a. Consider introduction of Ordinance No. 37 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. 37 c. Consider motion for final passage and adoption with respect to Ordinance No. 37, 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 BY REZONING CERTAIN PROPERTY GENERALLY LOCATED EAST OF 80TH STREET AND NORTH OF EAST CEMETERY ROAD IN THE CITY OF FAIRFAX, IOWA, FROM AG (AGRICULTURAL DISTRICT) TO 9 RS (SINGLE FAMILY RESIDENTIAL DISTRICT) 14. Resolution amending the Future Land Use Map of the Comprehensive Plan of 1999 for property located East of 80th Street and South of Williams Blvd 15. Preliminary Plat—Prairie Creek Estates a. Review Planning& Zoning Commissions Recommendation to approve Preliminary Plat—Prairie Creek Estates 16. Resolution approving Preliminary Plat—Prairie Creek Estates 17. Proposed Ordinance No.38 pertaining to amending the Fairfax Zoning Ordinance of 2000—Official Zoning Map and Zoning District Boundaries—Public Heating held March 8, 2005 —Harold McCormick Annexation a. Consider introduction of Ordinance No. 38 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. 38 c. Consider motion for final passage and adoption with respect to Ordinance No. 38, 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 PART OF THE WI12, NE14, SECTION 10, TOWNSHIP 82 NORTH, RANGE 8 WEST, LIMN COUNTY, IOWA, AS AG(AGRICULTURAL DISTRICT) 18. Resolution authorizing the transfer of funds for payment of General Obligation debt due June 1, 2005 19, Consider motion to approve Fireworks Permit--Bill Barry 20. Vernon Cerveny—Library Building Consultant Award 21. South Slope (JR,Brumley, Don Vo1z, Dan Swick)—Franchise & election 22. Dick Ransom—Discussion on recommendation for zero lot lines 23. Deanna Heintz—Beverly Road Association 24. Laura Larnbrecht—Storm sewer at 424 Front St 25, Ron Dusil—City Wide Waste Pickup Day 26. Discussion on Investments 27. Discussion on updating the Comprehensive Plan—EC'ICOG administrating 28. Approval of Claims List dated May 10, 2005 29. Reports a. Sheriff Department b. Library c. Fire Department d. Maintenance Department e. Parks Department 1. Movie in the Park 30. Discussion a. Opportunity for citizens not on agenda 31. Mayor Comments 33. Adjournment CITY OF FAIRFAX 'REGULAR COUNCIL MEETING May 1.0,2005 Regular meeting of the Fairfax City Council was held Tuesday, May 10, 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 Yanecek, Dick Ransom, Vernon Cerveny, Deputy Yoder, Deputy VanCura, Don Voltz, Dan Swick, Deanna Heintz. Beer moved to approve the agenda and Clerk's Financial Statements, seconded by Glick. 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 April 12, 2005, and to accept and place on file the minutes of the Planning and Zoning Commission meeting dated April 1.8, 2005, seconded by Beer. Roll call vote: Ayes: Beer, Frieden, Scott, Glick, 'Wainwright. Nuys: None. Motion carried.. The Shcriff s report was given by Deputy Yoder and Deputy VanCura 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 amending the Fairfax Zoning Ordinance of 2000 Section 1.05 Rules and Definitions, Subsection B. Definitions and Section 1.073 RS: Single Family Residential, Subsection D. Bulk Regulations. Notice of this hearing was published in the Cedar Rapids Gazette on April 6, 2005. There being no further comments or objections, Mayor Voss closed the Public Hearing at 7:05 PM.. Wainwright introduced Ordinance 34, AN ORDINANCE AMENDING THE FAIRFAX ZONING ORDINANCE OF 2000 OF THE CITY OF FAIRFAX, IOWA, BY AMENDING PROVISIONS PER'T'AINING TO SECTION 1.05 RULES AND DEFINITIONS. Wainwright moved that the rile 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. 34, seconded by Scott. Roll call vote: Ayes: Beer, Frieden, Scott, Glick, Wainwright. Nays: None. Motion carried. Scott moved that Ordinance No. 34, AN ORDINANCE AMENDING THE FAIRFAX ZONING ORDINANCE OF 2000 OF THE CITY OF FAIRFAX, IOWA, BY AMENDING PROVISIONS PERTAINING TO SECTION 1.05 RULES AND DEFINITIONS,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. 34 is declared to have been enacted. Wainwright introduced Ordinance 35, AN ORDINANC E AMENDING THE FAIRFAX. ZONING ORDINANCE OF 2000 OF THE CITY OF FAIRFAX, IOWA, BY AMENDING PROVISIONS PERTAINING TO SECTION 1,07.D. R; SINGLE FAMILY RESIDENTIAL.. 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. 35, seconded by Frieden. Roll call vote: Ayes: Beer, Frieden, Scott, Glick, Wainwright. Nays: None. Motion carried. Scott moved that Ordinance No. 35, AN ORDINANCE AMENDING THE FAIRFAX ZONING ORDINANCE OF 2000 OF THE CITY OF FAIRFAX, IOWA, BY AMENDING PROVISIONS PERTAINING TO SECTION 1.07.5. RS: SINGLE FAMILY RESIDENTIAL 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. 35 is declared to have been enacted. Mayor Voss announced that this was the time and place for a public hearing on the platter of the proposed action of Gordon Sevig,request for rezoning classification for property generally located.East of 801h St. and South of Williams Blvd. from AG(Agricultural) to 2 RM (Multi-Family Residential). Notice of this hearing was published in the Cedar Rapids Gazette ,n April 6, 2005, Councilor Wainwright expressed concerns that the proposed change of zoning to multi-family residential does not conform with , the Comprehensive; designation of commercial zoning, There being no further comments or objections, 'Ma'yor Voss closed the Public Hearing at 7:26 PM. Wainwright moved to table Ordinance 36, 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 BY REZONING CERTAIN PROPERTY GENERALLY LOCATED EAST OF 80TH STREET AND SOUTH OF WILLIAMS BLVD IN THE CITY OF FAIRFAX, IOWA, FROM AG (AGRICULTURAL DISTRICT) TO 2 RM (MULTI-FAMILY RESIDENTIAL DISTRICT), seconded by Scott. Roll call vote: Ayes: Beer, Frieden, Scott, Glick, Wainwright. Nays: None, Motion carried. Mayor Voss announced that this was the time and place for a public hearing on the matter of the proposed action of Gordon Sevig request for rezoning classification for property generally located East of 80"' St. and North of East Cemetery Rd. from AG (Agricultural) to 9RS (Single Family Residential). 'Notice of this hearing was published in.the Cedar Rapids Gazette on April 6, 2005. Dick Ransom explained the commercial areas according to the Comprehensive Plan and the road access to the proposed development. There being no further comments, or objections, Mayor Voss closed the Public Hearing at 7:30 PM. Wainwright moved to table Ordinance 37, 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 BY REZONING CERTAIN PROPERTY GENERALLY LOCATED EAST OF 80TH STREET AND NORTH OF EAST CEMETERY ROAD IN THE CITY OF FAIRFAX, IOWA,, FROM AG (AGRICULTURAL DISTRICT) TO 9 RS (SINGLE FAMILY RESIDENTIAL DISTRICT), seconded by Frieden. Roll call vote: Ayes: 'Beer, Frieden, Scott, Glick, Wainwright. Nays: None, Motion carried. Wainwright moved to table Resolution No. 2005-15 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFAX, IOWA, AMENDING THE FUTURE LAND USE MAP OF THE COMPREHENSIVE PLAN OF 1999 FOR PROPERTY LOCATED EAST OF Se' STREET AND SOUTH OF WILLIAMS BLVD", seconded by Glick. Roll call vote: Ayes; Beer, Frieden, Scott, Glick, Wairwright. Nays: None. Motion carried. Beer moved to table Resolution No. 2005-16 entitled, "A RESOLUTION APPROVING PRELIMINARY PLAT—PRAIRIE CREEK ESTATES", seconded by Wainwright. Roll call vote: Ayes: Beer, Frieden, Scott, Glick, Wainwright, Nays. None. Motion carried. Wainwright introduced Ordinance 38, 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 PREPERTY, NOW KNOWN AS PART OF THE W112, NE1/4, SECTION 10, TOWNSHIP 82 NORTH, RANGE 8 WEST, LINN COUNTY, IOWA AS AG (AGRICULTURAL DISTRICT). 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. 38, seconded by Scott. Roll call vote: Ayes: Beer,Frieden, Scott, Glick, Wainwright, Nays: None. Motion carried. Scott moved that Ordinance No, 38, AN ORDINANCE AMENDING THE FAIR-FAX ZONING ORDINANCE OF 2000 OF THE CITY OF FAIRFAX, IOWA, BY AMENDING THE OFFICIAL ZONING MAP AND ZONING DISTRIT BOUNDARIES OF THE CITY OF FAIRFAX, IOWA, BY DESIGNATING THE ZONING CLASSIFICATION OF CERTAIN PROPERTY, NOW KNOWN AS PART OF THE WI12, NEIA, SECTION 10, TOWNSHIP 82 NORTH, RANGE 8 WEST, 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, Motion, carried.. Ordinance No. 38 is declared to have been enacted. Beer introduced the following Resolution and moved its adoption, seconded by Frieden. Roll call vote: Ayes: Beer, Frieden, Scott, Glick, Wainwright. Nays: None. Motion carried. Whereupon the Mayor declared the following duly adopted: Resolution No. 2005,-17 entitled, "A RESOLUTION AUTHORIZING THE TRANSFER OF FUNDS FOR THE PAYMENT OF GENERAL OBLIGATION DEBT DUE JUNE 1, 2005". Passed and approved this 10h day of May 2005. Frieden moved to approve the fireworks permit submitted by Bill Barry, seconded by Wainwright. Roll call vote: Ayes: Beer, Frieden, Scott, Glick, Wainwright. Nays: None. Motion carried. Vernon Cerveny reported that the library would like to apply for the Library Building Consultant Award. Council agreed that he pursue applying for the grant. South Slope representatives Don Voltz and Dan Swick reported on a cable franchise with the City of Fairfax and it was stated that they would be on November election ballot. Dick Ransom, Hall & Hall Engineering, reported on a recommendation for zero lot lines. Deanna Heintz discussed the desire of the Beverly Road Association to be part of Fairfax. Council reported that there is nothing we can do at this time because of the 28E agreement between Cedar Rapids and Fairfax. Ron Dusil reported on the June 4h City Wide Waste Pickup Day. Councilor Scott left the meeting at 8:50 PM. Discussion on investments and quotes from numerous financial institutions was discussed. Beer moved to approve hiring ECICOG to administer the updating of the Comprehensive Plan. Roll call vote: Ayes: Beer, Frieden, Glick, Wainwright. Nays. None. Absent: Scott. Motion carried. Wainwright moved to approve the Claims List dated May 10, 2005, seconded by Beer. Roll call vote: Ayes: Beer, Frieden, Glick, Wainwright. Nays: None. Absent: Scott, Motion carried. Reports: Vernon Cerveny, Library, reported that the Red Chamber group will be performing at the library on Sunday, May 15, 2005. The next library meeting is Monday, June 20, 2005 at 7:00 PM. Dave Yanecck, Fire Department, reported that they have been very busy. Ron Dusil, Maintenance, reported that the trees have been planted on Skyview and Horizon, the fire hydrants have been flushed, and mulch has been put on the playground with the help of Boy Scout Troup 214. Councilor Beer, Parks department, reported on showing movies in the park. The next Visioning Meeting is Wednesday, May 25, 2005 at 6:00 PM 2005, at the library. There being no fin-ther business, Beer moved adjournment at 9:10 P.M., seconded by Frieden. All in favor. MAYOR: Bill Voss ATTEST: Connie Frame, City Clerk Disclaimer: The foregoing minutes are not official until approved by Council. 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 in the issue(s) of May 25 20 05. The reasonable fee for publishing said notice is $ 169.21 Signed) and sworn to be ore me on May 25 , 20-.2-5 , by Joe Hladky. Not Public in a for the State of Iowa i Received payment for above from , 20 , GAZETTE COMMUNICATIONS, INC. By JEA lRtQI,O coaIlaslcr'I wumeeR 1239015 • a My COWMIEI3WOw$XPIRES �, FEERUa f 18%200a i STATE OF IOWA Counties of Linn and Johnson ss. #Cat.GAF FA RFAX du^are hrebY notl6led rat 4 Public Heartno 1, Toe Hladky, being duly sworn on oath, do state that I am a tle[d!d tore the Fairfax�ttt+Caunc�ta aarntri�h� 6n> nrei« the publisher of THE GAZETTE, a daily newspaper of atr9ax ion 'd aCf�lUlllk a fCyUaws. ta�kaa�Eton S a Ittan&,dittraF trt x onmo: r.dtn-p%- general circulation in Linn" and Johnson Counties, Iowa. The ofirx Iowa,t arneadw addtdgiwgral�awihlasala 'ub5eftnh notice, a printed copy of which is attached, was inserted and s�tFl nr - e� ef�oorare �1n- rfe n iki the published in THE GAZETTE newspaper in the issue(s) of "t3ld with€ ttMe�Pounda;ion,exclung gaEage Seafian 1 g7 8 i�� SiCa�6a FalYfftY Etesrdantta[, $t[fb56GfIQt4 i�.,13'aa9'x 5tuldhohs oY Yfe Fairfax 2on1t9 C7rdmeiieft9$!Q a4 the Cats of Fair- fax.�tawa is�.TCleie�'SY?addit�4 the Yattowing Co saYd Subsecie � Utk laeguia#fans r tErrir,r �a door stria.taw fi t April 28 2005 The reasonable fee for publishing said notice is $ 15.30 44,R5 1�iinttaain�laor Area[sa 1t aCSd adoaNns try I ri 1�at`�af.�`he said lnaae`ing 11 wi .Abe held bef4u`e the Fairfax CRY. oun at G�tvHal]on EuesdaY AAaY td 2© aC 7:fSt}PAIL ar saon Ctreleaft& of wtttett time and Otace you a aFYpear a[id bd waard td regard to tls sa9d tIV CI0, � o "g ad 9h twa Cedar Ktaa1tls GaYhttd an ® -� Signed and sworn to be ore me on May 3 , 2005 , by Joe Kadky. Not ffy Public in a for the State of Iowa Received payment for above from , 20 . GAZETTE COMMUNICATIONS, INC. By Ca kSSllM NUMBER 123966 • MF cOMMISSION EXPIRES ow FEBRUARY A,2006 STATE OF IOWA Counties of Linn and Johnson ss. f P 6L1:i~t I Joe Hladky, being duty sworn on oath do state that I am OTt i�utt�ffxt�ff� ' , tt�i IiICAiTt43P& the publisher of THE GAZETTE, a daily newspaper of ZltfB11.G CL�SSaFrlb a �fii eedi"�ira ubE€�iiearing' general circulation in Linn and Johnson Counties, Iowa. The YCt WHAM t `M/l Ct,NC faX Pfannidg aAd honing: drnrr,3ssAan and thal".h)rtaki itv;Coun notice„ a printed copy of which is attached, was inserted and ciluponthsapp9lc.at l�rnatGordonSevtg,.:owneri of t� far&EOwing-d�s ir7ed property ta ate d: published in THE GAZETTE newspaper i-n the issue(s)s of Cast nt tiCtr Skreet,and Soul�9ot W(IEi�rcYS Blvd. p Y \ Naw.kddwrr as `pari of N1+v'Ito of.Section tg,:. Townstt p i rt .l�artue 8 L�fest of the 5th Pr1Ftcip E M rc-1c Cori Cotvof Fairfax l Inn!COUn- tv,tot+ta eres+r�rsartCeutariv descr€bed€rt l=x- hlb�f Ft-�rs Pia-� arriax Ctt�€fat( all fNe real- propertsrsT iW.dT 1heCitvo€Fairfax Coaniv April 28 'Z� �S of Iran,: id The change requested is trarnAcr�� rurat��:9ricttfa2fMel The reasonable fee for publishing said notice is $ 13.91 tipEe Farnf�G+ t�esfdent{al dCStrtctt. The said.` ....�. hearing v�tf Era iTsld 6etdrE the Fair1arc P€an- : . n..ine.ancl�on7ng;Commissian at.F.airfax..City rt Halt ort=h,'lomdavr-,May 'i ZOOS at.7:00.PM ori. soon ttrsfFal r aril before the Fair fax Cay. Council at Fairfax;Clty Hall an Tussdav May, tU,24115 eI 7„GSCLPlA'or soon thdreaftar at Which � ttrtrd and I pCace you rrlav appear and W;hedrd regarx1 to said appltoaai{un. Coripfe,4�rama-CPty Clark `aEafta on�orrifl *S fylaf€sF�d In the , Signed and sworn to be ore me on May 3 , 2005 , by ,Joe Hladky, Not yff Public in a for the State of Iowa Received payment for above from , 20 GAZETTE COMMUNICATIONS, INC. B ,+ ,SEAN WGLO , COWM8840VA NUMBER 123996 w My COMMISSION EXPIRES p,K pgeRuARY i8,2006 DYKE KEAWNG TO WH�`sf�C_I MAY.CONCERN- Yo .:.:.. u aa-e herekry notified that a Put3ftc tfearin wiltbe(told bpfjare the Fairfax City.Ca�incil ryx� the iairhak Planning 8,Zoning Cari7m�ss—, to canstder,amendirtg the rF6jefax ntdnCk OrdI nance of 2004 Fatrfax ciowa Scdoft n T Otof, Subsection A.and ih}�ears�gdeRp t iap L®f b y k �d SrtM"Ve011owninteuSpt r eW 19S, and Structures Y1 stfkd4d far ill tdr iii 79ss'' paPksmlbu9rdurdsn Co3rrrrtuhiP .. centers, libraries, and museums.;q Fdrnfl GrOUP Care HQrnes,5.Agriculture.Fi Perrnff#_! tee-.ACCe*�SaC1!uses and:5tructttre5i.1.Private??:'. garages 2.Private swlriung Poofsi 3.Private' '�"� ®�� greenhiouses not operated for€omniercEatqur- gases 4 Uses and structures accessory to a Linn prinOpal permitted use or a see€fal exceptton Counties of Linn f us'are perrnitted subject to tfePipr¢v�st[Ins tRts ardinanee:5 Temporary. buildings used DY:: coniunctfort With ton Ste ctIon wank;provide ff='. _ thaf'.suctt kttkidings are removed Kiahfn 4FiirPv days C3tt upon compietfi n of the c0. vruePion work d,Farari.hurldings incidentaf(o lure! uses,Thya d Rearing w t6!he Meld a4s:' CIf @le FAIRFAX Fairfatt City}pelf before IRe FaiffaX PfantYtng h4CITICE 6F PUBLtC HEAR)N x and ozrgng-Comrt7issjon on getober Tl 241p4 at TO tFfOhlt t tN6e Y C6NCEt N: .:fill PM or Boors there after,an at t#io Fairfax YOU are hereby:notified that a Public Hearing Cily Hall bet'ore I. 1 airfI City Councn an 1 Will beheld before the Fairfax C1tlr cbun6.to Ctctdkker 12, 2ftDq at 7.g� PM ar soon !hare",worn on oath,tl I, dO state that I aril eah ider amending the Palrfax ZohenTa E1rdj after,at which time and dfa€c+Yau maY appear nan€e;of 20t6Ct,Faiwtax, lovia 5ectjan,fdTL=r and kaa heard In regard,ta lire ag ehdrneoF ;'ETTE ,a Cully newspaper of C2�Highway Commercial blsirt€t,hx're < Connie Frame, Cny Clerk r ing Subsection A:and adoptlhg the fOIdWing t peal h tiaw 1Mereot:A.P ermined Prin€teal inns and s�. . .. _ and Johnson Counties, Iowa, The StrUauros 1,BahMS and financlat lnsirldflonis kieata�,fP1acdssafkamu.t1hKt, gof drvilny notice, a printed copy of which is attached, was inserted and ranges;and,USandrailroad.:ernnin ls.5.B materials published in THE GAZETTE newspaper in the issue(5) of dealers.gaBawsand rafiroad-termTna15.�5 Busi-, nest offices,k ChUMhes;�aad temples:7.Com- merbtdt -&tor-ale garages: B. Co:nventence stores.9.l tvd:-jh.testaui ants.10:Farm im- plement dusNaus and sales,service and repair. F1 Frui waege�ble and produce stands 12 Healtt(;otsrdhs 3s tvCablle and Manufactured Aug. 30 `�Q 04 hamea1 T4 144otels tnd hotels 15;Motor vehi€le sates tervECe and repair,service sta The' reasonable fee for publishing! said notice is 15.30 twns and cat via"sties 16,PrGyafe clubs ar Fodg es.1T.Fcesfaur3nTS cafes,nfgh4 clubs and tav erns. `Fg ShopFttng centers or mafFS 1g Supern2am kets anrJ retell bu§mess.2i1.Automa €tile body and paint shop.The said Rearing will be Meld at Fairfax Ctty Hall':on Septemf�er 14, %Qi1q ap 7.ig PM or sawn after,at which time and pFrsco you may appear and be heard ht i I regard tit the atttandments, Connie Fre"f City Clerk Signed and sworn to before me on Sept. 8 , 20 04, by ,Joe Hladky. Notary ublic in and f the State of Iowa Received payment for above from _ , , 20_ ___. GAZETTE COMMUNICATIONS, INC.. By MQUO i 2 my Femqumy is,on STATE OF IOWA Counties of Linn and Johnson ss. td Y.00 4»FAIRFAX w$1TCC 4tF498d,1C HEAwal140 RBZONIN O APPLICATION zoNING CLASSIFICCAT1014. tO,;WHOM IT XvAA I, Joe Hladky, being duly sworn on oath, do state that I am the publisher of THE GAZETTE, a daily newspaper of arlrrlg omrntssian and the Fair a Ci Co.un� ::O u�(in.tf a appta cafran bf Gordon Sevrd avVper; ref iha followtn described pr party te�aiad general circulation in Unrl and Johnson Counties, Iowa.. The a of,00th Street and Hor,hr. mast CeYhe4, notice a printed copy of which is attached, was inserted and tern Raad:1Vow icnoa+tn as a par4 of lire i�W rra: of Secttotl.18 TownskuP 82 I�orFtt rang &. �r�st of tie OIh rsOnctpal Meridian. city of published in THE GAZETTE newspaper in the issue(s) of FaErfax,Ljnn CoitrrtYa lows,more partirul art Y ziestfibedsin xh�t9tC-:8 ort ilia aE Fair.W CRY Hall,ali the reehoaroperty srtuated in the City of >7=airfax.Corrsst�+aF�snn, Slate of taws.-;The: change TeOu SY f 5-.stn A (Agrttuttural �,ste,cty fSSngie Family IzesIdanflal Apra 28 20 05 tiistncl} t7ealdearirtg will be held before ;the Falrfaz I.raarrii'rts!and Zoning Commission atFarrfax:;eitvllattariMandav MaV4,2005at The reasonable fee for publishing said notice is $ 14.37 7�o PnA ar socwr fh rea(fer acrd bafore pSne �Fattfax �tv Cot9as�til`at Fairfiix Croy Halt nn Tuas�aY,'1+M1aY .2Qg5 at 7Op PFA or soon thareofterA aC wrhicklime Md:d3lwCe you may. ;appear and ba treardin re0ard tb said apglrca ft fiorr. Cannie Frdwne,Cffv Clerk ] �etbli5hed tri the Gax'sfte on A00 28,2405 Signed and sworn to be ore me on 3 2005 by Joe Hladky. Not ffy Public in a for the State of Iowa Received payment for above from , 20 . GAZETTE COMMUNICATIONS, INC.. By JEAN GIGLIO + C 88Ir I msen 12386. I*y colY MISSION EXPIRES p,M F28RUA RY 18,2000 i i I SOLUTION NO. 5' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFAX, IOWA, AMENDING THE FUTURE LAND USE MAP OF THE COMPREHENSIVE PLAN OF 1999 FOR PROPERTY LOCATED EAST OF 80TH STREET AND SOUTH OF WILLIAMS BLVD WHEREAS, The City Council adopted the Comprehensive Plan for Fairfax on June 8, 1999 which is a statement of the cominunity's vision for its own future and a wide to achieve that vision; and WHEREAS, Said Comprehensive Plan includes a Future Land, Use Map which, indicates the general locations and extent of various land uses to ensure that zoning is consistent with the various elements of the Comprehensive Plan; and WHEREAS, Section 1 of the Comprehensive Plan provides guidance for amending the Future Land Use Map when necessary; and WHEREAS, The City Planning Commission has recommended amendment of the Future Land Use Map to provide for Residential land uses as shown on the attached. land use amendment map (Exhibit A); ICE IT RESOLVED, By the City Council of the City of Fairfax, Iowa, as follows: 1. That the Future Land Use Map of the Comprehensive Plan is hereby amended to Residential as shown on Exhibit A, attached. 2. That the following findings have been made to support this amendment: a. That the amendment is consistent with the Comprehensive Plan priorities b. That the amendment will be compatible with future land uses for surrounding areas of the cm.-nmunity.. c. That the amendment will not create a shortage of any particular type of non-residential land. d. That the amendment will enhance the overall quality of life in the community. 3. That the Building Inspector is hereby authorized to prepare documentation,. exhibits and maps as necessary to implement the amendment. NOW, 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. I Passed and approved this day of 2005. AYES: NAYS: ABSENT: The foregoing Resolution No. _ having been approved this date try the City Council, I hereby approve the same ley af.Eixi.n my signature as Mayor on this ---day of 2005, Bill Voss, Mayor ATTEST: Connie Frame, City Clerk i i EXHIBIT AMENDMENT THE FUTURE USE MAP COMMERCIAL D51 T RESIDENTIAL CA (FAIRFAX CORPORATE LIMIT'S) 4 L) ;. cr CEMETERY RCS E z vi a g a 10 d F- 4-- d a Prci ri(9 NO SCALE , x AVE m r- Q EJ A R ' ' ,. a a I, QUA 'R DR ��` ORDINANCE NO. AN ORDINANCE AMENDING THE FAIRAX ZONING ORDINANCE OF 2000 OF THE CITY OF' FAIRFAX, JowA, BY AMENDING PROVISIONS PERTAINING TO SECTION 1.05 RULES AND DEFINITIONS Be It Enacted by the City Council of the City of Fairfax, Iowa: SECTION 1. Section 1.05 Rules and Definitions, Subsection B. Definitions, of the Fairfax Zoning Ordinance of 2000, of the City of Fair-fax, Iowa, is amended by repealing Subsection B and adopting the following in lieu thereof. B. Definitions: Abutting--Having property of district lines in common. Access--A way of approaching or entering a property from a public street. Accessory Building, Structure,or Use--A use or structure subordinate to the principal use of a building or land on the same lot or parcel of ground and serving a purpose customarily incidental to the use of the principal building or use of land. Administrative Official--The local official responsible for the enforcement of this ordinance. Decisions of the official may be appealed to the Board of Adjustment. AgKi�u culture--'The use of land for the purpose of raising and harvesting crops; or for the raising,breeding,or management of livestock,poultry, fish,or honeybees;or for dairying, truck gardening, forestry,nurseries,or orchards;for the rioncornmercial on-farm storage or processing of agricultural products;or for any similar agricultural,horticultural, silvacultural,or aquacultural use.For the purpose of this Ordinance,farms do not include operations for the disposal of garbage,sewage,rubbish,offal or rendering plants or for the slaughtering of animals,except such animals as have been raised on the premises or have been maintained on the premises for the use and consumption of persons residing on the premises. A112y--Any dedicated public way affording a secondary means of vehicular access to abutting property,and not intended for general traffic circulation with a width of twenty(20) feet of less. Alterations, Structural--Any change in the supporting members of a building such as bearing walls,columns,beams or girders. Apartment--A room or suite of rooms used as the dwelling of a family,including bath and culinary accommodations,located in a building in which there is a multiple of these units. Balcony--An unroofed platfonn,unenclosed except by a railing,which projects from the outer wall of any building bove ground level with or without s! ort other than the building, 9 UPP Bageme -That portion of a building which is partly below grade but having more than,one- half its height above the average grade of the adjoining ground.For the purpose of this Ordinance a basement shall not be considered a story unless designed or used for habitable space or business purposes. the office of the County Recorder. of—Widlb--lbe width of a lot measured at the building line and at right angles to its depth where the minimum building line or setback intersects the side lot lines. Lot Reversed Comer--A comer lot,the rear of which abuts the side of another lot. Main Building—A building in which is conducted the principal use of the lot upon which it situated. Main Floor Area—Useable floor area contained within the foundation, excluding the garage. Main_U_se--The principal use to which the premises are devoted and the principal purpose for which the premises exists. Manufactured Home--A factory-built dwelling,which is manufactured or constructed under the authority or 42 U.S.C.Sec.5403,Federal Manufactured Rome Construction and Safety Standards, and is to be used as a place for human habitation, which is not constructed with a permanent hitch or other device allowing it to be moved other than for the purpose of moving to a permanent site,and which does not have permanently attached to its body or frame any wheels or axles.A mobile home constructed to the Federal Manufactured Home Construction and Safety,Standards is not a manufactured home unless it has been converted to real property and is taxed as a site built dwelling as is provided in Code of Iowa(1999), Section 435.26.For the purpose of any of these regulations,manufactured homes shall be considered the same as a single-family detached dwelling. Mobile Home--A vehicle without motive power used, or so originally constructed as to permit being used,as a conveyance upon the public streets or highways and duly licensed as such,and constructed in such a manner as will permit occupancy thereof for human habitation, capable of dwellings,or sleeping quarters and which is being moved,towed,or transported by another vehicle.This definition shall also include and apply to such vehicles or structures that are located on a permanent or temporary foundation. Mobile Home Park--Any site,lot,field or tract of land upon which two or more occupied mobile homes are harbored whether free of charge or for revenue purposes and intended for such use and shall include any building, structure,tent, vehicle, or enclosure intended for use as part of the equipment of such mobile home park, Mobile Home ennyetteti to Peal_Estate--A mobile home which has been attached to a permanent foundation on real estate owned by the mobile home owner,rendering it totally immobile,and which has been inspected by the assessor, the mobile home vehicle title, registration, and license plates collected from the owner, and the property entered upon the tax rolls of Linn County, Motel--A building or group of buildings in which lodging is provided and offered primarily to transient occupancy and in which each unit has convenient access to a parking space for the use of the unit's occupants. Nonconforming Building--A building or portion thereof which lavA )1y does not conform to the provisions of this Chapter relative to height,bulk, area or yard,size requirements for the district in which it is located. N_Ouconfom-�_n_&—Use--A use which occupied,a building or land but lawfully does not conform to the use regulations of the district in which it is located. Nursing Flome--An institution which is advertised, announced, or maintained for the express or implied purpose of providing nursing or convalescent care for persons unrelated to the i Passed by the Council on the C day of , 2005, and approved this day of _T , 2005, ATTEST: Bill Voss, Mayor t Connie Frame, City Clerk First Reading: ` Second Reading: Third Reading: I certif That the foregoing was posted as Ordinance on the / day of 2005. Conroe Frame, City Clerk ORDINANCE NCB. AN ORDINANCE AMENDING THE FAIRAX ZONING ORDINANCE OF 2000 OF THE CI'T'Y OF FAIRFAX9 IOWA, BY AMENDING PROVISIONS PERTAINING TO SECTION I.07.B. RS: SINGLE FAMILY RESIDENTIAL Be It Enacted by the City Council of the City of Fairfax, Iowa: SECTION 1. Section 1.073 RS: Single Family Residential, Subsection D. Bulk Regulations, of the Fairfax. Zoning Ordinance of 2000, of the City of Fairfax, Iowa, is amended by repealing Subsection D. and adopting the fallowing in lieu thereof: D. Bulk Regulations: Zoning Min Main Min.lot Min. lot Min. front Min. side Min.rear Max.height Symbol Floor Area area width yard yard yard The lesser of s . ft. (sq. ft.) feet (feet) (feet) feet) 9 RS 1,000 9,000 60 25 8 25 2 V2 stories or 35 feet 44 RS 1,000 43,560 150 50 15 35 2 '/2 stories or 35 feet Where public sewer facilities are not available, not less than X3,560 square feet of lot area is required. 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 Council on the _ day of , 2005, and approved this day of , 2005. ATTEST: Bi I Voss, Mayor 4A, r Connie Frame, City Clerk First Reading: Second Reading: (i Third Reading: I certify that the foregoing was posted as Ordinance ado. on the day of 2005. Connie Frame, City Cer i I ORDINANCE NO. 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 PART OF THE WI 12, NEIA, SECTION 10, TOWNSHIP 82 NORTH, RANGE 8 WEST, LINN COUNTY, IOWA, AS AG (AGRICULTURAL, DISTRICT) BE IT ENACTED by the City Council of the City of Fairfax, Iowa: SECTION L 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 Harold R. McCormick: All that real property situated in the City of Fairfax, County of Linn, State of Iowa, now known as part of the W1/2, NEIA, Section 10, Township 82 North, Range 8 West, more particularly 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 1/4 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 1/4 of the Northeast 1/4; 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 003'08"E along the Nest line of the Northeast 1/4 of said Section 1.0 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.," 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 by the Council on the day of 2005, and approved thi.s C day of un , 2005. Bill Voss, Mayor ATTEST: Connie Frame, City Cler First Reading: Second Reading: (e' o Third Reading: Q I certify that he foregoing was published as Ordinance No. on the � day of >' , 2005. Connie Frame, City Clerk ................ RESOLUTION NO. JCI)5-/7 A RESOLUTION AUTHORIZING THE TRANSFER OF FUNDS FOR THE PAYMENT OF GENERAL OBLIGATION DEBT DUE JUNE 1, 2005 Be it enacted by the City Council of the City of Fairfax, Iowa: Section 1. Interest due on $465,000 General Obligation Combined Corporate Purpose Loan Note Series 2003, dated March 1, 2003 as follows: a. Transfer Order: $6,130.00 from the TIF Fund to the Debt Service Fund. Purpose of note. Library Repairs, b. Transfer Order: $39,830.00 from the General Fund, Fire Department Budget to the Debt Service Fund. Purpose of note: Fire Equipment Purchase. Section 2. Interest due on $1,185,000 General Obligation Corporate Purpose Loan Note Series 2001, dated June 1, 2001 as follows: a. Transfer Order: $95,741.25 from the TIF Fund to the Debt Service Fund. Purpose of note: Water Main Construction Project. Section 3. Interest due on $450,000 General Obligation Water Note Series 2001, dated October 1, 2001 and follows: a. Transfer Order: $33,801.25 from the TIF Fund to the Debt Service Fund. Purpose of note: Water Main Construction Project. Section 4. Total transfers by fund: a. From TIF Fund to Debt Service Fund: $135,672.50 b. From Fire Department Budget to Debt Service: $39,830.00 Total transfer of all funds to Debt Service: $175,502.50 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. Passed and approved this 10 ^ day of MaCl 2005. AYES: NAYS: ABSENT: The foregoing Resolution No. c CO-5— having been approved this date by the City Council, I hereby approve the same by affixing my signature as Mayor on this day of /YT a 2005. Bill Voss, Mayor ATTEST: Connie Frame, City Clerk i i SOLUTION NO.—J RESOLUTION APPROVING PRELIMINARY PLAT WHEREAS, Prairie, Creek Estates Addition to Fairfax, Iowa, legal description is as follows: A part of the NW ?/4 of Section 10, Township 82 North, Range 8 West of the 5" Principal Meridian, City of Fairfax, Linn County, Iowa, has been filed with the City Clerk, Fairfax, Iowa, and after consideration, the same is found to be correct and in accordance with the provisions of the laws of the State of Iowa and the ordinances of the City of Fairfax, Iowa; and WHEREAS, The City Planning and Toning Commission, Fairfax., :Iowa, has reconunended approval of the Preliminary Plat of Prairie Creek Estates Addition to Fairfax, Iowa; and NOW, THEREFORE, BE IT RESOLVED, By the City Council of the City of Fairfax, Iowa, that said plat and dedications of said Preliminary Plat of Prairie Creels Estates Addition to Fairfax, Iowa, be and the same is hereby acknowledged and approved on the part of the City of Fairfax, Iowa, and the Mayor and the City Clerk are hereby directed to certify this resolution of approval and affix the same to said plat as by law provided. Passed and approved this Z6 day of , 2005. AYES: NAYS: AB S ENT: Bill Voss, Mayor ATTEST: Connie Frame, City Clerk i I i ORDINANCE NO. 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'BY REZONING CERTAIN PROPERTY GENERALLY LOCATED EAST OF 80TH STREET AND SOUTH OF WILLIAMS BLVD IN THE CITY OF FAIRFAX, IOWA, FROM AG (AGRICULTURAL DISTRICT) TO 2 RM (MULTI-FAMILY RESIDENTIAL DISTRICT) BE IT ENACTED by the City Council of the City of Fairfax, Iowa: SECTION 1. The Official .honing 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 2 RM (Multi-Family Residential), as requested by Gordon Sevig: All that real property situated in the City of Fairfax, County of Linn, State of Iowa, now Down as a part of NW V4of Section 10, Township 82 North, Range 8 West of the 5'h Principal Meridian, City of Fairfax, Linn County, Iowa, more particularly described as follows: i Commencing as a point of reference at the SE corner of the SW '/NW'/4 of said Section 10; thence N00°OV1 5"E along the east line of said SW 1/4 NW 4, 1263.67 feet to the point of beginning; thence N88'42'33"W, 280.68 feet; thence W-ly along on an are of 47.88 feet of a 150.00 foot radius curve to the left, having a chord distance of 47.68 feet bearing S82°08'47"W; thence S73°00'07"W, 387.11 feet; thence W-ly along on an arc of 44.56 feet of a 150.00 foot radius curve to the right, having a chord distance of 44.39 feet bearing SS 1'30'41"W; thence N89°58'45"W, 112.51 feet; thence SW-ly along on an arc of 99.87 feet of a 150.00 foot radius curve to the left, having a chord distance of 98.04 feet bearing S70n56'47"W; thence S51°52'20"W, 248,17,feet; thence S W-ly along on an arc of 99.82 feet of a 150.00 foot radius curve e to the right, having a chord distance of 97.99 feet bearing S70°56'11"W; thence N89°59'58"W, 81.20 feet to the west line of said NW 1/4; thence NOO°00'02"E along said west line, 384.55 feet to the south right-of-way Iine of Highway 151; thence N61°59'34"E along said south right-of-way line, 191.26 feet; thence N6 1'59'34"E along said south right-of-way line, 570..1.3 feet; thence N67°42'08"E along said south right-of-way line, 100.50 feet; thence N61°59'34"E along said south right-of-way line, 400.00 feet; thence N71°38'10"E along said south right-of-way line, 208.97 feet to the east line of the NW '/4 NW 1/40f said Section 10; thence S00°01'14" along the east line of NW '/4 NW '/4 and along the east line of said W '/4 NW %4, 69 6,5 1 feet to the point of beginning containing 15.28 acres which includes 0.32 acres of road right of way. SECTION 2® EVE ILITY CLAUSE. If any section, provision or ordinance shall be adjudged invalid or unconstitutional, such adjudication shall part 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 by the Council on the day of 200 and approved this day of 2005 Bill Voss, Mayor ATTEST: Connie Frame, City Clerk First Reading: Second Reading: Third Reading: I certify that the foregoing was published as Ordinance No. on the day of 52005. Connie Frame, City Clerk ORDINANCE NO. 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 BY REZONING CERTAIN PROPERTY GENERALLY LOCATED EAST OF 80TH STREET AND NORTH OF EAST CEMETERY ROAD IN THE CITY OF FAIRFA , IOWA, FROM AG (AGRICULTURAL DISTRICT) TO 9 RS (SINGLE FAMILY RESIDENTIAL 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 9 RS (Single Family Residential), as requested by Gordon Sevig: All that real property situated in the City of Fairfax, County of Linn, State of Iowa, now known as a part of NW `!f4 of Section 10, Township 82 North, Range 8 West of the 5th Principal Meridian, City of Fairfax, Linn County, Iowa, more particularly described as follows: Beginning at the SE corner of the SW %4 NW 1/4 of said Section 10; thence N88°05'13"W along the south line of said SW '/4 NW ',, 1316.48 feet to the W '/4 corner of said Section 10; thence N00°00'02"E along the west line of said NW '/4, 852.61 feet; thence S89°59'58"E, 81.20 feet; thence, NE-ly along on an are of 99.82 feet of a 150.00 foot radius curve to the left, having a chord distance of 97.99 feet bearing N70'56'1 I"E; thence N51°52'20"E, 248.17 feet; thence NE-ly along on an arc of 99.87 feet of a 150.00 foot radius curve to the right, having a chord distance of 98.04 feet bearing N70 056'47"E; thence S89°58'45"E, 112.51 feet; thence E-ly along on an arc of 44.56 feet of a 150.00 foot radius curve to the left, having a chord distance of 44.39 feet bearing N81'30'41"E; thence N73°00'07"E, 387.23 feet; thence E-ly along on an arc of 44.56 feet of a 150.00 foot radius curve to the right, having a chord distance of 44.39 feet bearing N81°30'41"E; thence S88°4233"E, 283.89 feet to the east line of said SW V,NW V4; thence S00°01'14"W along the east line of said SW %4 NW 1/4, 1233.66 feet to the point of beginning, containing 33.10 acres which includes 2.00 acres of road right of way. 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. i i 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 by the Council on the day of ' ' , 2005, and approved this day of ' 005. Bill Voss, Mayor ATTEST: Connie Frame, City Cleric First Reading: Second Reading: Third Reading: I certify that the foregoing was published as Ordinance No. on the day of , 2005. 4 Connie Frame, City CIerI 1111._... _ 2:32 PM City of Fairfax 05109,105 Balance Sheet Accrual Basis As of April 30,2005 Apr 30, 05 ASSETS Current Assets Checking/Savings Fairfax Visioning 8,418.00 Money Market- UPRR Fund 16,097.36 Certificates of Deposit General Fund 117,286.12 Sewer Fund 41,674.48 Total Certificates of Deposit 158,960.60 Checking Account General Fund 396,663..79 Special Revenue Housing Rehab -4,623.02 Local Option Tax 34,847,01 Road Use Tax 34,887.29 TIF Fund 216,754.94 Total Special Revenue 281,866.22 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 63,601.18 Sewer 69,164.94 Garbage 51,971.53 Capital Projects $450,000 Bondi 2,512.97 Hall & Hall Project 25„87727 Water Main Reconstruction 2,526.57 Iron Filtration Plant 36,723.43 Total Capital Projects 67,640.24 Lagoon Aeration Project 511,491.00 Trust&Agency 20,431.55 Total Enterprise Fund 784,300.44 Total Checking Account 1,499,477.61!. Savings Accounts Local Option 2004-2005 Street Improvements 30,737.43 Sewer Improvements 30,737.43 Any Lawful Purpose 15,368.71 Total Local Option 2004-2005 76,843.57 Arbor Team 1,039.53 Pagel 2:32 PM City of Fairfax 05109/05 Balance Sheet Accrual Basis As of April 30, 2006 Apr 30, 05 FD Equipment Regular Savings 12,581.06 Memorial Fund 1,639.40 Truck Memorial 6,250.00 Public Education 768.36 St Luke's Grant 681.00 Merle Merritt 2,000.00 Total FD Equipment. 23,919.82 FD Truck Fund 26,833.81 FD Fireworks 6,266.96 Library Gifts & Bequests Memorials 2,023.05 Library Gifts & Bequests -Other 6,021.42 Total Library Gifts &(Bequests 8,044.47 Local Option 200'1!-02 Property Tax Relief 11,635.43 Street Improvements 15,305.53 Total Local Option 2'001-02 26,940.96 Total Savings Accounts 169,889.12 Total Checking/Savings 1,852,842.69 Total Current Assets 1,852,842.69 TOTAL ASSETS 1,852,842.69 LIABILITIES &EQUITY Equity Opening Bal Equity 1,130,250.03 Net Income 722,592.66 Total Equity 1,852,842,69 TOTAL LIABILITIES & EQUITY 1,852,842.69 Page 2 3 i �-` IJ 141 `2 c` CT oc �e 'a w , o � OR -�- a, cs� � N c-3 cJ r4 cw 4 tS7 N4:7 An kn Q I# -4.4 V O O o , a fA u ca M eat COO A 47 Ca H H H H .v ' o a I I Ca- ra cn Cal �o ... —. ..--j ., Ln F-I ca w � ,cy w p + Q Et P" ; � � ® ° U3 Cil CA IRE Receipts/Expenditures by Fund 30 April 05 March Receipts General Fund 102415.13 Road Use Tax 5841.08 T &A Meter Deposits 1650.00 Water Fund 8972.60 Sewer Fund 7756,74 Garbage Fund 5815.12 TIF 64941.01 LOST-2nd Issue 6643.36 Fairfax Visioning 3785.00 Savings Account Revenue FID Equipment Fund 2486.85 URRR Money Market 24.18 Housing Rehab 5204,00 Total Revenue: 215535.07 March Expenses General Fund 62414.60 Road Use Tax 7735.13 Water Fund 6649.15 Sewer Fund 8248.67 Garbage Fund 3868.80 T &A-Meter Deposits 240,00 Lagoon Aeration Project 7141.40 Housing Rehab 9122.00 Total Expenditures: 105419.75 Utility Billing Month End Worksheet Month of Nc,l 2D 1. Month Utilities Receivables on (Da (Billing Register) B ILLINGS: 2. Billing of Penalties on (Date-PeAalty Calculation) 3. Total Billed (Add lines I &2) 4. Adjustments to Balance(Adjustment Report) S. Net Receivables (Add/Subtract Lines 3, 4) AM415— 6. Less Payments Received (Deposits for month) V D 7. Current Utilities Receivables (Calculated) (Subtract line 5 from 6) WY 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 Ab -61105 (Supporting documents on file) Date Prepared Date Approved Prepared By I IOU Approved By 2.26 PM Certificates of Deposit 05109105 Balance Sheet Accrual Basis As of April 30, 2005 Apr 30, 05 ASSETS Current Assets, Checking/Savings General Fund Library 10274 7,528.66 10679 6,941.43 11239 9,605.60 Total Library 24,075,69 Park 10180 12,310.86 11240 1,232.64 11605 2,358.18 Total Park 15,901.68 Policy&Administration 11870 2,304.15 10681 6,941-43 11242 8,628.45 11241 1'2,326.34 11468 5,876.14 Total Policy&Administration 36,076,51 Transportation 10680 6,941.43 11606 23,935.56 11999 7,890.00 11243 R 2,465.25 Total Transportation 41,232.24 Total General Fund 117,286.12 Sewer Fund 10967 6,301.74 11604 35,372.74 Total Sewer Fund 41,674.48 Total Checking/Savings 158,960.60 Total Current Assets 158,960.60 TOTAL ASSETS 158,960,60 LIABILITIES & EQUITY Equity Opening Bal Equity 154,403.74 Retained Earnings 3,049.41 Net Income 1,507.45 Total Equity 158,960.60 TOTAL LIABILITIES & EQUITY 158,960.60 Pagel City of Fairfax Claims List 10 May 05 Checks 23200 thru 23294 General Fund Check Debit/ACH USPO Postage newsletters 116.61 Check 23201 Connie R. Frame Wage 408.44 Check 23203 Fox International LTD.,Inc. Various items 95.41 Check 23204 Benton County Fireman's Association Dues 50.00 Check 23205 Tri-County Pyrotechnics Fireworks 5,223-70 Check ACH Elan Postagelflags/varilous 1,981.08 Check 23207 Connie R. Frame Wage 408.44 Check 23209 Joe Honn FD T-shirts 480:•1010 Check 23210 Ken Barnell First aid kits 104.00 Check 23211 Affordable Appliance Co. Valve 26.99 Check 23212 Nancy Flickinger Wage 2,468.26 Check 23213 Catherine Bayne Wage 918.47 Check 23214 Kathy J. Everett Wage 118,16 Check 23215 Kathy J. Everett Wage 629.53 Check 23216 Melinda L.Wilson Wage 105,78 Check 23217 Beth A.Wilz Wage 157.90 Check 23219 Connie R. Frame Wage 408.44 Check 23222 Linn County Recorder Recording fees 172.00 Check 23223 ISU Extension Registration fee 200,00 Check 23224 Fairfax State Savings Bank FICAIFed tax 1,944.16 Check 23227 IPERS Tax 752.66 Check 23228 Fox International LTD., Inc. Cold packs/shears 48.58 Check 23229 Lynn Card Co. Envelopes/cards 72.25 Check 23230 ORKIN Exterminating/library 491,00 Check 23231 Port'O'Johnny Toilet service 85,00 Check 23232 Municipal Emergency Services Equipment 36819 Check 23243 Iowa Codification, Inc. Code update 307-50 Check 23244 Sankot's Garage Maint/blades 150,50 Check 23245 GSTC Fuel 51,82 Check 23246 Hynek Farms Mowing 670.00 Check 23247 Peck's Flower Shop Flowers 50.011 Check 23248 CTS Textile Leasing Mat rental 37.20 Check 23249 Office Express Paper 1601.93 Check 23250 Gazette Communications,Inc. Publishing 115,44 Check 23251 Batteries Included Batteries 105.12 Check 23252 Shelton Technologies,Inc, Copier agreement 42,07 Check 23253 Moyer&Bergman,PLC Legal services 140.00 Check 23254 Pace Supply Mulch/playground 1,850.00 Check 23255 The Sled Shed Equipment 620.00 Check 23256 Graybill:Electronics,Inc. Radio repairlmiicrophone 137,190 Check 23257 South Slope Telephone Phone 433.26 Check 23260 Fauser Energy Resources Fuel 6351 Check 23261 Cathy Bayne Books 50-00 Check 23262 Cathy Bayne Books 154.14 Check 23263 Reiman Publications Magazine subscription 29,98 Check 23264 Arthritis Today Magazine 29,.95 Check 23265 Baker&Taylor,Inc. Books 45.17 Check 23266 Baker&Taylor, Inc. Books 284.34 Check 23267 Follett Software Alliance Plus subscripflon 289,00 Check 23268 Penworthy Books 329,013 Page I of 3 City of Fairfax Claims List 10 May 05 Checks 23200 thru 23294 Check 23270 Connie R. Frame Wage 408.44 Check 23273 Cedar Landscaping Move tree 125.00 Check 23274 Fire Service Training Bureau Training 50,00 Check 23276 1 wireless Phone bill 68.88 Check 23277 Pace Supply Paper towels 24.195 Check 23279 Staples Credit Plan Supplies 29.31 Check 23280 Alex Air Apparatus Equipment 1,067.51 Check 23281 Sankors Garage Truck Maint 25.50 Check 23283 Menards-Cedar Rapids SO Paint 13M Check 23285 G&H Electric, Inc. Labor 53,50 Check 23286 Office Express Lifter labels 4.96 Check 23287 Gazette Communications, Inc. Publishing 43,58 Check 23288 Alliant Energy Electricity 727,68 Total General Fund: 26,083101 Road Use Tax Check 23200 Ronald G. Dusit Wage 53274 Check 23202 David Yanecelk Wage 461.36 Check ACH Elan Parts/supplies 191-16 Checlk 23206 Ronald G.Dusil Wage 532.74 Check 23208 David Y@necek Wage 461.36 Check 23218 Ronald G. Dusil Wage 532.74 Check 23220 David Yanecok Wage 461.36 Check 23225 Fairfax State Savings Bank FICAJFed 2,006.00 Check 23226 IPERS Tax 661,50 Check 23238 Crawford Qua"Co. Rock 21339 Check 23258 Iowa Prison Industries Signs 31,30 Check 23259 Fauser Energy Resources Fuel 428.65 Check 23269 Ronald G. Dusil Wage 53274 Check 23271 Douglas W.Smith Wage 136-1016 Check 23272 David Yanecek Wage 461.36 Check 23275 Menards-Cedar Rapids 30 Post 14497 Check 23291 Alliant Energy Electricity 921.02 Check 23292 Linn County REG Electricity 345.50 Total Road Use Tax: 8,926.35 Water Fund Check ACH Elan Postage 74.63 Check 23233 Hach Company Chemicals/tests 335.00 Check 23234 Data Technologies,Inc. Updates 14.00 Check 23235 Schimberg Co. Risers 955.62 Check 23236 Advanced Water Technology, Inc. Purnialchernicals 350.54 Check 23237 US Cellular Phone bill 109-55 Check 23242 Keystone Laboratories,Inc. Lab analysis 61.100 Check 23277 Schimberg Co. Parts 1,22'5.70 Check 23282 Sevig Construction Co. Backhoelhydrant 715.00 Check 23284 Schimberg Co. Hydrant 1,705,42 Check 23289 Alliant Energy Electricity 298.71 Check 23293 Linn County REG Electricity 505.06 Total Water Fund: 6,350.23 Sewer Fund Page 2 of 3 City of Fairfax Claims List 10 May 05 Checks 23200 thru 23294 Check 23239 City Treasurer 28 E Prairie View Estates 2,157.43 Check 23240 City of Cedar Rapids SCF fee 1,527.50 Check 23290 Alliant Energy Electricity 258.22 Check 23294 Linn County REC Electricity 89.75 Total Sewer Fund: 4,022-95 Garbage Fund Check 23241 Waste Management of Iowa City Trash service 3,868.50 Total Garbage Fuind: 3,868,80 Trust&Agency Check 23221 James Sargent Deposit refund 120.00 Total Trust&Agency: 120.00 Total Checking: 49,371.53 Page 3 of 3 BILLS TO BE PAID Matt Parrott, envelope wl Fairfax return address.....................................................$80.37 Toyne's Inc.,reel motor..............................................................................................$215.89 Batteries Included,9-volt batteries for pagers........................... ..............................$34.80 Totalof partial list......................................................................................................$331.06