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HomeMy WebLinkAbout06-13-2006 Council Meeting AGENDA FAIRFAX CITY COUNCIL REGULAR MEETING TUESDAY, JUNE 13, 2006 AT 7:00 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 May 9, 2006 —Regular Meeting b. Minutes dated May 9, 2006 - Work Session c. Minutes dated May 30, 2006 - Special Meeting 4. Accept and place on fie: a. Minutes dated June 7,2006—Planning &Zoning Commission Meeting 5. Public Hearing- 7:00 PM a. Proposed plans, specifications, form of contract, opinion of probable cost- 2006 Wastewater Treatment Plant Improvements, Construction of Wastewater Treatment Facility 6. Resolution adopting plans., specifications, form of contract, & estimated cost for the construction of the new mechanical Wastewater Treatment Facility Project, 2006 Wastewater Treatment Plant Improvements 7. Review bids submitted for construction of new Wastewater Treatment Facility 8. Resolution approving and snaking award of contract for construction of new Wastewater Treatment Facility 9. Public Hearing- Interstate Power &Light Co Request for Rezoning Classification from AG(Agricultural) to M1 (Light Industrial) a. Review Planning &Zoning Commission's Recommendation to approve Rezoning Classification- M1 (Light Industrial) 10. Consider motion to accept Planning & Zoning's Recommendation No. 2006-02 to approve Rezoning Classification of Ml 11. Proposed Ordinance No. 56 pertaining to amending the Fairfax Zoning Ordinance of 2000 - Official Zoning Map and Zoning District Boundaries a. Consider introduction of Ordinance No. 56 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. 56 c. Consider motion for final passage and adoption with respect to Ordinance No. 56, 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 DESIGNATING THE ZONING CLASSIFICATION OF CERTAIN PROPERTY NOW KNOWN AS A PART OF NW 114 OF SECTON 15, TOWNSHIP 82 NORTH, RANGE 8 WEST OF THE 5TH PRINCIPAL MERIDIAN, IN THE CITY OF FAIRFAX, IOWA, FROM AG(AGRICULTURAL) TO M1 (LIGHT INDUSTRIAL) 12. Steve Van Note - Discussion on agreement for building code services 13. Resolution approving Linn County &Fairfax Agreement for Building Code Services 14. Discussion on Building Permit Fees - Contracted Services 15. Chad Sands - Discussion on Comprehensive Plan 16. Consider motion to approve Fairfax HandiMart Cigarette Permit for 2006-07 17. Consider motion to participate in IDOT All Systems Permit- Oversized Loads 18. Resolution approving IDOT Agreement for Maintenance &Repair of Primary Roads 19. Resolution authorizing transfer of funds for the Library&Fire Department 2005-06 year end balances 20. Resolution setting Public Hearing for July 11, 2006 to amend Urban Renewal Plan 21. Resolution authorizing Partial Pay Request No. 1 to Septagon, 2006 WWTF 22. Review bids submitted for resurfacing the tennis court 23, Jim Herb - Request on closing a portion of Sunset Drive-Neighborhood block party 24. Mayoral appointment to Planning &Zoning Commission a. Consider motion to approve appointment 25. Consider motion to approve Claims List dated June 13, 2006 26. Reports a. Sheriff Department b. Library c. Fire Department. d. Maintenance Department e. Parks Department f. Visioning Committee 27. Discussion a. Opportunity for citizens not on agenda 28. Mayor Comments 29, Clerk Comments 30. Adjournment CITY OF FAIRFAX REGULAR COUNCIL MEETING JUNE 13,2006 Regular meeting of the Fairfax City Council was held Tuesday, June 13, 2006 at Fairfax City Hall at 7:00 PM. Mayor Voss presided. Council members present: Frieden, Scott, Magers, Wainwright. Absent: Beer. Others present: Nancy Flickinger, Ron Dusil, Dave Yanecek, Dan Zamastil, Dick Ransom, Dennis Keitel, Dan Bushman, Chad Sands, Steve Van Note,.Jim Herb, John Hill, Jan Kvach. Frieden moved to approve the agenda and Clerk's Financial Statements, seconded by Magers. Roll call vote: Ayes: Frieden, Scott, Magers, Wainwright. Absent: Beer. Nays: None. Motion carried. Scott moved to approve and place on file the minutes of the regular meeting dated May 9, 2006, the minutes of the work session dated May 9, 2006, and the minutes of the special meeting dated May 30, 2006, seconded by Frieden. Roll call vote: Ayes: Frieden, Scott, Magers, Wainwright. Absent: Beer. Nays: None. Motion carried. Magers moved to accept and place on file the minutes of the Planning and Zoning Commission meeting dated June 7, 2006, seconded by Scott. Roll call vote: Ayes: Frieden, Scott, Magers, Wainwright. Absent: Beer. Nays: None. Motion carried. The sheriff s report was given by Deputy Dunn 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 construction of the new mechanical wastewater treatment facility, 2006 Wastewater Treatment Plant Improvements. Notice of this hearing was published in the Cedar Rapids Gazette on May 26, 2006. Dick Ransom commented that the new Wastewater Treatment Facility will be constructed at the current site and will accommodate a population of 4,000. We have a fill and draw system where wastewater is stored for 180 days and then discharged. It will be converted to an aerated lagoon with continuous discharge. Dennis Keitel reported that the existing ponds will be for additional storage for,heavier rain. There being no further comments or objections, Mayor Voss closed the Public Hearing at 7:08 PM. Frieden introduced the following Resolution and moved its adoption, seconded by Scott. Roll call vote: Ayes: Frieden, Scott, Magers, Wainwright. Absent: Beer. Nays: None. Motion carried. Whereupon the Mayor declared the following duly adopted: Resolution No. 20i06-34 entitled, "A RESOLUTION ADOPTING PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATED COST FOR THE NEW MECHANICAL WASTEWATER TREATMENT FACILITY PROJECT, 2006 WASTEWATER TREATMENT PLANT IMPROVEMENTS". Passed and approved this 13th day of June 2006. Dick Ransom, Hall & Hall Engineers, hie. reported that 3 bids were submitted for the construction of the new mechanical Wastewater Treatment Facility. He stated that the bids are under review and that they need follow- up documentation from one of the bidders. A recommendation to award the contract will not be made at this time. Wainwright moved to table Resolution No. 2006-35, "A RESOLUTION APPROVING AND MAKING AWARD OF CONTRACT FOR THE CONSTRUCTION OF NEW WASTEWATER TREATMENT FACILITY, 2006, WASTEWATER TREATMENT PLANT IMPROVEMENTS, seconded by Magers. Roll call vote: Ayes: Frieden, Scott, Magers, Wainwright. Absent: Beer. Nays: None. Motion carried. Mayor Voss announced that this was the time and place for a public hearing on the matter of rezoning classification from AG (Agricultural)to M1 (Light Industrial). Notice of this hearing was published in the Cedar Rapids Gazette on May 26, 2006. There being no further comments or objections, Mayor Voss closed the Public Hearing at 7:30 PM. Frieden moved to accept Planning & Zoning's Recommendation No. 2006-02 to approve zoning classification - M1 (Light Industrial District), seconded by Wainwright. Roll call vote: Ayes: Frieden, Scott, Mages, Wainwright. Absent: Beer, Nays: None. Motion carried. Wainwright introduced Ordinance No. 56, 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 A PART OF THE NW '/ OF SECTION 15, TOWNSHIP 82 NORTH, RANGE 8 WEST OF THE 5TH PRINCIPAL MERIDIAN, CITY OF FAIRFAX, LINN COUNTY, IOWA, AS M1 (LIGHT INDUSTRIAL DISTRICT). Frieden moved that the rule requiring that an ordinance be considered and voted on for passage at two council eetings prior to this meeting be suspended with respect to Ordinance:No. 56, seconded by Magers. Roll call vote: Ayes: Frieden, Scott, Magers, Wainwright. Absent: Beer, Nays: None. Motion carried. Frieden moved that Ordinance No. 56, 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 A PARTOF THE NW 1/ OF SECTION 15, TOWNSHIP 82 NOR'T'H, RANGE 8 WEST OF THE 5Tn PRINCIPAL MERIDIAN, CITY OF FAIRFAX, LINN COUNTY, IOWA, AS M (LIGHT INDUSTRIAL DISTRICT) be considered for the third time, placed upon its passage and adopted„ seconded by Scott„ Roll call vote: Ayes: Frieden, Scott, Magers, Wainwright, Absent: Beer. Nays: None. Motion carried, Ordinance No. 56 is declared to have been enacted. Steve Van Note reported on the agreement for building code services. He suggested that we adopt the 2006 edition of the UBC. The Mayor will have the attorney review the agreement before further consideration, Magers moved to table Resolution No, 2006-36 entitled, "A RESOLUTION APPROVING LINN COUNTY AND CITY OF FAIRFAX AGREEMENT FOR BUILDING CODE SERVICES", seconded by Scott. Roll call vote: Ayes: Frieden, Scott, Magers, Wainwright. Absent: Beer. Nays: None. Motion carried. Discussion was held on building permit fees and contracted services. Chad Sands discussed the Comprehensive Plan, Comments were made by several council members that there needs to be more commercial area designated. Chad will revise the Plan and attend a special meeting where Council will review the changes. A Public Hearing will be held on July 11, 2006. Wainwright moved to approve the Fairfax HandiMart cigarette permit for 2006-07, seconded by Magers. Roll call vote: Ayes: Frieden, Scott, Magers, Wainwright. Absent: Beer. Nays: None. Motion carried. Magers moved to participate in IDOT All Systems Permit — Oversized Loads, seconded by Scott. Roll call vote: Ayes: Frieden, Scott,Magers,Wainwright. Absent: Beer. Nays: None, Motion carried. Magers introduced the following Resolution and moved its adoption, seconded by Scott, Roll call vote: Ayes: Frieden, Scott, Magers, Wainwright. Absent: Beer. Nays: None. Motion carried, Whereupon the Mayor declared the following duly adopted: Resolution No. 20,06-37 entitled, "A RESOLUTION APPROVING IDOT AGREEMENT" FOR MAINTENANCE & REPAIR OF PRIMARY ROADS". Passed and approved this 13th day of June 2006, Wainwright introduced the following Resolution and moved its adoption, seconded by Frieden. Roll call vote: Ayes: Frieden, Scott, Magers, Wainwright, Absent: Beer. Nays: None. Motion carried. Whereupon the Mayor declared the following duly adopted: Resolution No. 2006-38 entitled, "A RESOLUTION AUTHORIZING TRANSFER OF FUNDS FOR THE LIBRARY & FIRE DEPARTMENT 2005-2006 YEAR END BALANCES". Passed and approved this 13th day of June 2006, Magers introduced the following Resolution and moved its adoption, seconded by Wainwright. Roll call vote: Ayes: Frieden, Scott, Magers, Wainwright. Absent: Beer. Nays None, Motion carried. Whereupon the Mayor declared the following duly adopted: Resolution No. 2006-39 entitled, "A RESOLUTION SETTING PUBLIC HEARING FOR JULY 111 2006, TO AMEND URBAN RENEWAL PLAN"'. Passed and approved this 13th day of June 2006, Frieden introduced the following Resolution and moved its adoption, seconded by Scott. Roll call vote: Ayes: Frieden, Scott, Magers, Wainwright. Absent: Beer. Nays: None. Motion carried. Whereupon the Mayor declared the following duly adopted: Resolution No. 2006-40 entitled, "A RESOLUTION TO ISSUE PARTIAL PAYMENT #1 TO SEPTAGON FOR THE PUBLIC WORKS OFFICE AND LABORATORY BUILDING, 2006 WASTEWATER TREATMENT PLANT IMPROVEMENTS". Passed and approved this 13th day of June 2006. Bids were submitted for resurfacing the tennis court and reviewed by Council. Further discussion will be held at a later date. Jim Herb discussed his request to close a portion of Sunset Drive for a neighborhood block party. After consideration, the council declined Jim's request due to safety issues in response to emergency situations. Bernie moved to deny Jim Herb's request to close a portion of Sunset Drive for a neighborhood block party, seconded by Scott. Roll call vote: Ayes: Frieden, Scott, Magers, Wainwright, Absent: Beer. Nays: None. Motion carried. Mayor Voss recommended the appointment of John Hill to serve on the Planning& Zoning Commission to fill the vacated seat created by Greg Fetter. Wainwright moved that John Hill be appointed to the Planning & Zoning commission, completing the vacated position term ending December 31, 2001, seconded by Frieden. Roll call vote: Ayes: Frieden, Scott, Magers, Wainwright. Absent: Beer. Nays: None. Motion carried. Wainwright moved to approve the claims list dated June 13, 2006, seconded by Magers. Roll call vote: Ayes: Frieden, Scott, Magers, Wainwright, Absent: Beer. Nays: None. Motion carried. Reports: Vernon Cerveny, Library, reported that the term for three Library Board members will expire July 1, 2006: Mary Rita Meyers, Vernon Cerveny and Kara Kempf. Mary Rita has agreed to continue serving on the board. Venion recommended that the remaining two vacancies be filled by Linda Balog and Jason Rabe. Frieden moved to appoint Linda Balog and Jason Rabe to the Library Board and reappoint Mary Rita Meyers, with their terms ending July 2012, seconded by Scott. Roll call vote: Ayes: Frieden, Scott, Magers, Wainwright. Absent: Beer. Nays: Nome. Motion carried. Dan Zamastil,.Fire Department, reported that they are getting ready for the fireworks. They have 2 new full- time firemen and 1 new junior fireman. Ron Dusil, Maintenance, reported that work is being done to prepare for the new Wastewater Treatment Facility: the aerators have been running for 3 weeks and the meters are calibrated. The waterline is run for the Public Works building. Four truck loads of stumps were hauled away from around the Fairfax sign and the cement for the light on the sign is in. Vernon Cerveny, Visioning, reported that he and staff from Guaranty Bank will help at the dance at the legion hall on June 30�;. Discussion: Dean Hartman commented on the sign ordinance and it was reported that it is in process of being completed. Citizens made comments on putting a "No Parking" sign on one side of Linn St. and Church St. to aid in heavy traffic flow during ball games. Jan Kvach, State Representative District #35, gave a short presentation. Clerk Comments: In regard to the proposed Urban Renewal amendment, it was determined that Mayor Voss, Dick Ransom and Nancy Flickinger would attend the consultation session with the local jurisdictions. There being no further business,Frieden moved adjournment at 8:45]PM, seconded by Magers. All in favor. MAYOR: Bill Voss ATTEST": Connie Frame, City Clerk Disclaimer: The foregoing minutes are not official until approved by Council. STATE OF MINA Counties of Linn and Johnson ss. NOTI[E C 1F HEARING AND LETTING .:FOR 2006 TAIRFAXMASTEWATER - TREATMENT`PLANT-.IMPROVEMENTS At. OF HEARING 1, ,doe Hladky, do state that I am the publisher of THE At 7:9a P.M", focal:.time, on the 131h day of � June,299baI Mherfj,Council a,a hearing will le GAZETTE, a daily newspaper of general circulation in Linn in the City of FaIR#ax Iowa,a:hearin9 Will be U!^6.L I Onducled on the proposed plans, specifica- tions, form at contract opinion of Most- and Johnson LountieS Iowa. The Inotice, a printed copy of cost and�th� proposed improvements de- , , teribed Treatreenlr ar.ihe11106 nprove irtax.-The City which is attached, was Inserted and published in THE Wastewa- ter Treatrnemt Mani Improvements.The-.City. Council has previously filed these documents.. GAZETTE ETTE newspaper in the issue(s) of with the duty Clerlr©fthe t=ity.of.Fairfax,Iowa..: 1'1,L. ' The iproceedings of:fhe Cily.Council referring-. to the . form plans,specifications, form of,:; contract,and cos%apinion are am lso ade-part of this nallci At chis hearin4,,any interested person mas ttfe Ndtien anular oral oWeclions 2006 ID en ihese"docuents and the proposed Thereasonable fee for publishing said notice is $ 71.40 I �esrce t 4yy- sal po `.the rtshf 1o: 1 of an or,lar Phe 15ids;ha v dele.:' .for 39-..cafen[ar: ¢May{.29DStYeofj�adFaX , � hed:�fp�he�litY;Clerlc ,: + 3 N-+s--h: '2ouvw li I� 'uas]ad �g Ally! e}aqz uei� r aJp suf �fleh This instrument was acknowledged before me on � JSIIAts uofss . afPn+g(ua1eS May 26 , 20 06 , by Joe Hladky. rIa�ta� 9S8 Y ' Cz16-9B� No ary Public in and for'theS# of Iowa '^ pAS•anV 4ii w M4aV :s= =uaJlnua tJo -neJl-.I115luxi ul "609-Z9v76 t£ -e�en;:pteg_.n. . +e:�uanpn�f+Fsid�H IIBa.:: _woa-.�ayyo:; `uogeLuaioful.nag4jn}Jod pup Jan JaMag AleI tical L�� SHARON K. KEYS so«+ISDd aar�Jad �o+eaad o w GUtVPiMISMNNUMSER 708967 sAep g'"16tafuJaw AIJea.sl D,Iogp' x r uesl4_L aaM:iad.f90'OHS Ala a nMY COMMISSONEXPIRES np!Aed Al+ua]JnD Sf pue. lsod 6uIM011 - — c -i Z JBDh ARP tad:rAa4.J..uaili _xan.�.wi L9r ° s0V'da `USL'"fuawpJieq�t aun�ol; I qe}d �Pueb sited salPmfaul`is Immo] I€ le o zJn e Ppe. Nl'19 Pu37+a eaJV Dlnous siva� STATE OF IOWA Counties of Linn and Johnson ss. I, JoeCITY OFFAIRFAX - Hladky, do state that I am the publisher of THE NOTICE OF_.FIJRLIC-HEARING RF7DNING.APPLICATION : GAZETTE, a dally newspaper of !general circulation in Linn ZONIING CLASSIFICATION :. TO.WHOM IT MAY.CONCERN �r and Johnson Counties, Iowa. € hie ;,notice, a printed copy of You are heflebY notified Thal a Public Hearing will be held before the Fairfax Planning&Ion- which Is attached, was inserted and published in THE ing Commission and the Fairfax.City Coun6 upon ::C -applicationro of tnlewner,ie.Power & GAZETTE newspaper in the issue(s) of Light ConupanY. currenf owner, and:Dan 17f1 Bushman, purchaser,..of.the':following-de- scribed.property maw known as part of the NW Va of Section 15,ToWnshtp 82 North,'Range& West of the 51h Principal.:Merldian,.:City of Maar 26 2006 Fairfax,Linn County.,Iowa,more particularly described in Exhibit-A,on'file:at Fairfax City Hall.all the real proWtYsilualed.inthe City of The reasonable fee for publishing said notice is � 15.8 1 Fairfax,.County of Linn, State of Iowa.'The change...req uiesied-1s-from'_AG.:(Agricultural District):to MI (Light.Industrial District).The saidhearing will be held before the Planning& - Zonine Commission at Fairfax City Hall on Wednesday,Juane 7,2006.al 7:00 PA4 orsoon thereafter ai which time and place You may eppear and be'heard In regard to said applica- ion.Tlae:salid Public Hearing.will be.held be- -� 9 yore the Fairfax City Council at Fairfax City .Hall On.Tuesday,-June.13,.2006 a1 7:00 PM,or soon thereafter,at which-times and place YOU may-:.appeair and be heard.i,.regard to said application. Connie Frames City Clerk Published In the Gazette on May 26,2006 This instrument was acknowledged before me on _--- May 26 , 20 06 , by Jioe Hladky. Ix� _ ary Public in and for the 0A31ate of Iowa r COMMISSION NUMBER 709967 a a ARO''COMMISSION EXPIRES e. Monbn carrrea. 1,166-52 ,or Voss announced', that this was the CRL Lawn Care Weed eontlnet 1 52U.t70 and place for a. pruV'otuc hearing on the CTS Texite Leasing Mat rentall 39.41 ter of rezoning classiticadon from A6 Cuslom H6selSllp Parts 81,90 - ricullurai) to Ml CLlght Industrial). Data Tech Update 1400 Ir of this hearing was pauWshed in the Des Moines Stamps Stamp S.9fU ar Rapids Gazelle on May 26, 2006. Don's Lock & Key Padloclatlkevs F2.d1 re being no further c�oimmenfs or obiec- Elan Posfagefsuglpts 231.99 S, Mayor VOSS closed the Public Hearing EMC E P3 Insurance Insurance. ded 1.,500.00 Ll 7:30 PM. -den moved to acce!pM Pllanninu & Zon- Fairfax Cemetery Donaflan 204.00 s Recommendation NO 2006-02 to ap- Fairfax Bank FICA/Fed tax: 4.,350.48 ve zoning das5lfical.ion - M1 (Light In Faraway Stores Grocery Hems 39.09 trial District), seconded by Wainwright. Fasonal Co Parts 538.86 I call vote: Ayes:Frieder,Scoff, Masers, Fauser Energy Fuel 1,143.32 - lnwrighl. Absent: Beer. Nays: None- Mo GSTCGazel1eF elbf28 Publishing 464.82 1 carried. iinwright introduced Ordinance No.56,AN Hall & Half Eng Fees 23,27375 '.13INANCE AMENDING THE FAIRFAX Harold Scott Labor 28.00 - NING ORDINANCE OF 2000, OF THE HVVee Feller flowers 5090 FY OF FAIRFAX, IOWA, BY AMEND- 1 wireless Phone 70.45 - G THE OFFICIAL ZiOINING MAP AND Iowa Codification Code update 50.00 y p�IFAIIRFAXI , IOWA, BY DE-SIG- IPER owa S1,525.93V9ing 18.00Tax ne STING THE ZONING CLASSIFICATION Jo Ann Beer Labor 28.00 CERTAIN PROPERTY, NOW KNOWN John Paeha Labor 28.00 A PART OF THE N°7t'14 OF SECTION -K & B Ac Supply I15.00 TOWNSHIP 82 NORTH, RANGE 8 Ken-Way Sewer Jelling 1'..55013 - EST OF THE 5TH PRIINCIPAL MEI Keystone Lab Lab tests 164.00 - V, CITY OF FAfRFAXv LYNN COUNTY, Kirkwood Training 95.00 WA, AS Ml (LIGHT tlNDUSTRIAL DIS- LL Pelling Life Time Fence x Fence 42,,575,00 RICT). -ieden.moved that the �rurle requiring final Linn County-Lifts Duration 370.00 ordinance be considered and voted to for Linn County RLC Ele 8.00 Yv-911.79 laCllcy, d0 state that I am the publisher of 9ssage a1 two eouneiili mea Ings prior to this Marc Masers Labor 28.00 l ALL ieeting be suspendedi with respect to Ordi- Marianne Wainwright Labor 28.00 y _ ince No. 56, seconded Id'y Magers. Roll call Menards Supplies/earls 85:3.t08 VETTE, a daily newspaper O general ale: Ayes: Frieder, ScogP, Magers, Wain- Mid American Gas 309.441 .. T T .,„ �-+ 7 'right. Absent: Beer. INays: one. Motion Office Expresso Paper 2l 550 On ill LlTlil ai11.,�OhllSOil COLllltleS, lrl Iowa. 3rried. 1., �7 rieden moved that Oirdlinance No. 56, AN Pace rthy Supplies 172.75 .'.,ee, a l}rinte(l.copy Of which is attached, was ,RDINANCF AMENDING THE FAIRFAX Penwarfhy Books 119.39 ONING ORDINANCE OF 2000, OF THE Perfection Learning Books 464'.89 .ITY OF FAIRFAX, 'IOWA, BY AMEND- le Cedar Chamber Concert 200.00 ,] 7� 7., �q �T7_Tl�� It 7 VG THE OFFICIAL ZONING MAP AND Sanknt's Garage Maintenance 548.58 -and published in Tfffi GAZETTE TONING DISTRICT BOUNDARIES OF THE Schimberg co. FlangelGas'k 52..69 'ITY OF FAIRFASC,� IOWA, BY I Seplason Building 34,l 'ler In the issue((, Of June 29, 2006, 4ATING THE ZONING CLASSIFJCATION Sevig Consl Slump remlHaullll 1,637.54 7F CERTAIN PROPERTY, NOW KNOWN Shelton Tech Staples 350.015 aS A PART OF THE N'W 1/4 OF SECTION Solbel Engraving 18.72 - 5, TOWNSHIP 82 NORTH, RANGE 8 South Slope Phones 527.59 0000 Oriable fee for publishing Salo,7 notice 15 NEST OF THE 5TH! PRINCIPAL MERIDI- St. Patrick's Cemetery Donation 2lJ 4N, CITY OF FAIRFAX, LINN COUNTY, Slaples tla Credit Plan Pasgadsupply 165.73- OWA, AS MI (TIGHT INDUSTRIAL DIS- Slump Town Shooters Training 510.00 TRVCT} be considered for the third time, The Sled Shed Mower 98.44 placed upon Its passage and adopted, sec- Thomas bouregy Co Books 138.50 onded by Scott.Roll call0 vote:Ayes:Frieden, US Cellular Phones 134.14 - Scott, Magers, Wainwright. Absent: Bear. USPO Poslage 128.79 Nays: None. Motion carrled, Van Meter Ind MateTrials 4sery Ordinance No. 56 is. declared Io have been Waste Management raxh service 4,211.40 i enacted Wellmark insurance 1,394,50 Sieve Van Nole reported on the agreement Wilson-Hite Ins insurance. 3,285.00 for building code services.He suggested that Deposit Refunds: we adopt the 2006 edition of the UBC. The City of Fairfax Tim Kennimerer 58.17 Mayor will have lhe, attorney review the Tim Kemmerer 1,83 agreement before furllher consideralion. Peter Halvorson 60.00 - Magers moved 1a table Resolution No. Chad Pearson 60.04 2006-36 entitled, "A RESOLUTION AP- Ben.Koehn 120.00 PROVING LINN COUNTY AND CITY OF Shannon Bollman 120.00 1I,,,,, y ,y ,y 7,, T H FAIRFAX AGREEMENT FOR BUILDING Kevin Kadlec 120,00 ''Llnlellt was acknowledged U�JOE TTladk + CODE SERVICES. seconded by Scott. Roll Yossia Yo 60.00 - � On Jlll7.e Jt7r .G,rq,�-yU call vote: Aves: F'riedleru, Scott, Magers, Ryan Lee 60.00 00 Wainwright. Absenl: Beer. Nays: None. Mo- Robert Raley 120.00 lion carried. Ryan Skinner 60.00 _ Discussion was held on building permit tees Bruce Main 60.00 and contracted services, Allen Akers 60.00 Chad Sands discussed the Comprehensive Geraldine Theis 60.00 _ Plan. Comments were made by several Chad Hamletl 60.00 council members. Minot there needs to be Richard Flynn 120.00 -^-.y,, more commercial area designated,Chad will Steve Tomash 120.00 1, 77,�, �+ ,r T revise the Plan and attend a special meeting Robert Whitinger 60.00 ;.l]liC til and for t11Pi Stag Ol Iowa where Council will review the chances. A Marc Morehouse 124.00 Public Hearing will'be held on July 11, 2006. Jason Pitts 60.00 - Wainwright moyedl to approve the Fairfax Richard Trask 60.00 Handl7Narl cigarette permit for 2006-01,sec- William Baumgartner 124.00 onded by Magers. Ra IV :calf.vote: Ayes: Net Salaries 14,728.68 - Frleden, Scott,Magers,walnwright.Al Total Cialmst 340,370.23 Beer, Nays: None Motion carried. Transfers Ouk Magers moved toy participate in IDOT All General Fund f rInCipatY'ln1 39,506.25 Systems Permit -overstled Loads, second- TIF Fund Princlpal7tn:t 1'8'2„276.25 ed by Scott. Roll call vote: Ayes: Frieden, Transfers In: Scott, Magers, 'w^yair�wrlghl. Absent: Beer. Debi Service Pr inc`spa,fllt'Rnl 221,782.50 Nays: None. Motion carried. May Receipts Magers inlroducedi the following Resolution General Fund 49,137.76 and moved its adoptions seconded by Scott. Road Use Tax 10,2875,5 - Roil call vote: Ayes„IFriieden, Scott, Magers, T & A Meier Deposllls 660.00 Wall Absent,. Beer. Nays: done, Mo- Water Fund 10,856roo lion carried.Whereupon the Mayor declared Sewer Fund 11,237.79 SH ��' a ME the following duty adopted: Resolution No. Garbage Fund 5,019'.78 2006-37 entitled, "1'A RESOLUTION AP- TIF 14,742.63 frf�MVIIISSR)INI'NUMBER 7039,97 PROVING IDOT AGREEMENT FOR WWTF 616.45 4�1N1� 'dlrtikl ,Ct P4EXY=151 .`� MAINTENANCE & REPAIR OF PRIMARY Savings - ED Equip 2,,250.030 � ROADS".Passed and approved This 131h day Savings - FD Fireworks 1,860.00 of June 2006. UPRR 17.22 Wainwright introduced the following Re50111- Total Revenue: 106,685.18 lion and moved its"adoption, seconded by May Expenses Frieden. I cat&vote;Aves:Frieder, Scott, Magers, Wah"righL Absent: beer. Nays: General Fund 110,964:78 Road Use Tax 12,587:01 None.Mellon carried.Whereupon the Mayor declared the following duty adopted: Resotu- Wafer Fund 9,522.11 lion No. 2006-38 ernhtlied, 'A RESOLUTION Sewer Fund 6,887.73 AUTHORIZING TRANSFER- OF FUNDS Garbage Fund 6,415.45 . FOR THE LIBRARY & FIRE DEPART- T-& A - Meter Deposds 180.00 MENT 2005-20476 YEAR END BALANCES". WWTF 33,975.91 Passed and approved Ihfs 131h day of `une VisiWing 3.23 III Expenses: 181,044.92 2006. Magers introduced Mine following Resolution 00100 NOTICE OF HEARING AND LETTING FOR 2006 FAIRFAX WASTEWATER TREATMENT PLANT IMPROVEMENTS NOTICE OF HEARING At 7:00 p.m., local time, on the 1'3k"day of June, 2006 at the Council Chambers, City Hall, in the City of Fairfax, Iowa, a hearing will be conducted on the proposed plans,specifications, form of contract, opinion of probable cost and the proposed improvements described thereby for the 2006 Fairfax Wastewater Treatment Plant Improvements. The City Council has previously oiled these documents with the City Clerk of the City of Fairfax, Iowa. The proceedings of the City Council referring to the proposed plans, specifications, form of contract, and cost opinion are also made part of this notice. At this hearing, any /interested person may file written and/or oral objections to these documents and the proposed improvements. NOTICE OF LETTING Description of Work The Work generally consists of construction of a new mechanical wastewater treatment facility, including grading the site, furnishing and' installing equipment, site piping,,, concrete structures, electrical and mechanical work and other work necessary to complete the project. Type of Bid Bids shall be on a lump sum basis. Contract Time Information Start Date: June 30f",2006 Milestones: See Agreement Form Completion Date: November 1,2'007 Bid Opening Time, Date and Location The City Council will receive sealed bids at the City Clerk's office, 525 Vanderbilt Street, Fairfax, (Iowa until 4:00 PM on the 13th day of June, 2006. Bids received after this time will not be opened. The bids will be opened and read aloud at 4:00 PM on June 13, 2006 at City Clerk's office in Fairfax. The bids will be acted upon at 7:00 PM on June 13, 2006 at the Council Chambers„ City Hall, in the City of Fairfax, Iowa or at a later date as determined by the City Council. Contract Terms In addition to the Project Specifications, Cedar Rapids Metropolitan Area Standard Specifications and Details are applicable to this project and are available for purchase at the City of Cedar Rapids Engineering Department and the City of Marion Engineering Department. Examination and Procurement of Documents Bid Documents may be examined at the following locations: Construction Update Plan Room Fall and Ball Engineers City Clerk's Office 521 3rd Avenue SW, Ste A 1860 Boyson Rd. 525 Vanderbilt Street Cedar Rapids, IA 52404 Hiawatha, IA 52233 Fairfax, IA 52228 Construction Update Plan Room Construction Update Plan Room Illowa Builders Exchange 221 Park Street, P.O. Box 695 215 East 4th Street 520 24th Street Des Moines, IA 50303 Waterloo, IA 50704 Rock Island, IL 61201 00100-1 Copies of the Bidding Documents may be obtained at Hall & Hall Engineers, 1860 Boyson Road, Hiawatha, Iowa 52233, in accordance with the Instructions to Bidders. A deposit of $200.00 is required for each printed set of plans and specifications with $100.00 refundable upon return in good condition, or a non-refundable fee of $10.00 for each CD-ROM containing the ,plans and specifications in Adobe Acrobat PDF file format. I Bid Security and Other Bonds Bid security in the amount of 10 percent of the Bid must accompany each Bid in accordance with the Instructions to Bidders. Applicable Laws and Regulations Any bidder or equipment supplier whose firm or affiliate is listed in the GSA publication "List of Parties Excluded from Federal Procurement and Nonprocurement Programs" will be prohibited from the bidding process. Anyone submitting a bid who is listed in this publication will be determined to be a nonresponsive bidder in accordance with 40 CFR Part 31. A contractor's Suspension/Debarment Certification will be contained in the specifications; however, this certification should not preclude any interested party from ascertaining whether the certifying person is actually on the"List of Parties Excluded from Federal Procurement and Non-procurement Programs". By virtue of statutory authority, preference will be given to Iowa produced products and Iowa domestic labor to the extent lawfully required under State Statutes, providing that award of contract will be made to the bidder submitting the lowest responsible bid. In all contracts to be awarded for a public improvement, which shall linclude building or construction Work to be paid for in whole or in part by the use of funds of the municipality, resident bidders shall be allowed a preference against nonresident bidders from a state or foreign country which gives or requires a preference to bidders from that state or foreign country. The preference is equal to the preference given or required by the state or foreign country with which the nonresident bidder is a resident. "Resident bidder" means a person authorized to transact business in Iowa and having a place of business for transacting business within Iowa at which it is and had conducted business for at least six months prior to the first advertisement for the publlic improvement and in the case of a corporation, at least fifty percentof the common stock is owned by residents of this state. If another, state or foreign country has a more .stringent definition of a resident bidder, the more stringent definition is applicable as to bidders from that state or foreign country. OWVNER's Right to Reject Bids The City Council of the City of Fairfax reserves the right to reject any and all bids, to waive informalities and technicalities, and to enter such contracts as it deems in the best interest of the City. The City reserves the right to defer acceptance of any proposal for 30 calendar days after the bids have been received and opened. By order of the City Council, City of Fairfax Dated this 9th day of May, 2006. Connie Frame, City Clerk Published in the Cedar Rapids Gazette on the day of May, 2006,. 00100-2 RESOLUTION NO. A RESOLUTION ADOPTING PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATED COST FOR THE CONSTRUCTION OF THE NEW MECHANICAL WASTEWATER TREATMENT FACILITY PROJECT, 2006 WASTEWATER TREATMENT PLANTIMPROVEMENTS Be it enacted by the City Council of the City of Fairfax, Iowa: WHEREAS, On the day of 006,plans, specifications, form of contract, and estimated cost were filed with the 1 rk of Fairfax, Iowa, for the construction of the new Wastewater Treatment Facility, includin grading the site, furnishing and installing equipment, site piping, concrete structures, electrical and mechanical work and other work necessary to complete said project, 2006 Wastewater Treatment Plant Improvements within the corporate limits; and WHEREAS, Notice of hearing on plans, specifications, form of contract, and estimated cost was published as required by law. BE IT RESOLVED, That the said plans, specifications, form of contract and estimated cost are hereby approved as theplans, specifications, form of contract and estimated cost for said improvements for said project. NOW, THEREFORE, RE IT FURTHER RESOLVED, By the City council for the City of Fairfax, Iowa that the Mayor and City Clerk are hereby authorized and directed to execute said Resolution. Passed and approved this day of ",t '� � 2006. AYES: NAYS: ,ABSENT: 01 Bill Voss, Mayor .ATTEST: I0�l/191 J Esjn::�_ 4 Connie Frame, City Clerk The foregoing Resolution No. c>( 0 - 3 4 having been approved this date by the City Council, I hereby ap rove the same by affixing my signature as City Clerk on this day of ,2006. RESOLUTION NO. 2006-35 RESOLUTION APPROVING AND MAKING AWARD OF CONTRACT FOR THE CONSTRUCTION OF THE NEW MECHANICAL WASTEWATER TREATMENT FACILITY,2006 WASTEWATER TREATMENT PLANT IMPROVEMENTS BE IT RESOLVED, By the City Council of the City of Fairfax, Iowa, that the bid of in the amount of �.�' Q�� '7S for the construction of the new mechanical Wastewaters Treatment Facility, including grading the site, furnishing and installing equipment, site piping, concrete structures, electrical and mechanical work and other work necessary to complete said project for .2006 Wastewater Treatment Plant Improvements, described in the plans and specifications is hereby accepted as the lowest responsible bid received, and a Construction Contract is hereby awarded. The Contractor is hereby instructed to promptly execute the Construction Contract and return the same to the Mayor along with all the supporting documents required therein, including proof of satisfactory insurance coverage. That the Mayor, with the assistance of the City Engineer is therefore directed to examine the Contract for proper execution and all supporting documents, including proof of insurance coverage to determine satisfactory compliance with Contract Specifications. If all documents are in order, the Mayor shall approve the same in writing and place written approval on file in the office of the City Clerk. NOW, THEREFORE, BE IT FURTHER RESOLVED, That the Mayor and City Clerk are hereby authorized and directed to execute the Contract for and on behalf of the City, and upon execution, the Contract shall be in full force and effect. Passed and approved this day of "' �.. , 2006. AYE: NAY: ABSE NT:V Sill Voss,Mayor A ST: Connie Frame, City Clerk The foregoing Resolution No. 0(9` having been approved this date by the City Council, I hereby prove the same by affixing my signature as City Clerk on this )day of , 2006. HALL & HALL ENGINEERS, INC. L,ea.ders in Land Develop wnt Since 195> June 15, 2006 Mayor William Voss & Members of the City Council City of Fairfax P.O. Box 337 525 Vanderbilt Street Fairfax, IA 52228-0337 RE: Notice of Bid Tabulation &Award Recommendation 2006 Fairfax Wastewater Treatment Plant Improvements Dear Mayor Voss & Members of City Council: As per the Bids received on June 13,.2006, we recommend award of this contract to Kleiman Construction Co., Inc, Cedar Rapids, IA with atotal Bid of$2,065,781.00,. The attached Bid Tabulation sheet is furnished for your information. The supporting documentation for MBE/WBE participation has been reviewed,and found acceptable' for this contract. If you have any questions regarding the Bid Tabulation, please contact us at 315-362- 5548. Sincerely, ef Richard C. Ransom, P.E. City Engineer Encl. cc: games Hallmark-- Iowa DNR MMS Consultants, Inc. Kleiman Construction, Inc. IftProjects1720017292Wm 7292-01 XLEIMAN CONSTRUCTIONIItr-061506-wWTPBIdIAward.doe CIVIL ENGINEERING - LAND SURVEYING • LAND DEVELOPMENT PLANNING • LANDSCAPE ARCHITECTURE 1860 Boyson Road • Hiawatha„IA 52233 - Ph:319.362.9549 - Fx:3('9'.362.7595 . www,hallcng.com to 0 0 N T O N a) 0 O O O 0 O O O O O a O O a 0 o a 0 a o 3 O tn r f~ t0 r O C O N N `n 0 (L> w Z C F- cc p to to C O a 0 0 0 0 0 0 0 0 0 + 0 0 0 0 0 0 0 0 N O (1) m Q) O CDP 0 0 0 0 0 0 0 O O a. 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W LU atcr C (� as m e at a c 3 c mt c w � - E n o E a3 c a w e �► a� 01 2 'D w nr ;; •a • $ O m •— m a r H �p m m e u, rrn'', ran � p E E � E � a m E c Rr '-0 m N f U " U to U O o E Z !- o at a ns a, co � m c O at tti o M as c m cn to =11a w ao i CL w m ¢ (7 In EL', -i w -5 ¢ ¢ ❑ U U cr z ILL CL, N w am "- I N IL C0c ICL w n p a. c E rn J 0 v E a) cu a) E 0 —2 .0 > 40 H a E s� 5 w 3 v °' m •L `5 c c as a� 7'a--) f0 p ro m � at as ov_, oas cntn 0w ai5ma ¢ a Uuj C7 _ E ❑ ORDINANCE NO. , AN ORDINANCE AMENDING THE FAIRAX ZONING ORDINANCE OF 2000 OF THE CITY OF FAIRFAX, IOWA, BY AMENDING PROVISIONS PERTAINING TO SECTION 1.07.C. RM: MULTI-FAMILY RESIDENTIAL Be It Enacted by the City Council of the City of Fairfax,Iowa: SECTION 1. Section 1.07.0 RM: Multi-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 following in lieu thereof: D. Bulk Regulations: Zoning Min.lot Min. lot Min. lot Min. Min. side Min.side Min. Max. Symbol Area per area Width front Yard yard rear height Dwelling ('Sq. ft.) (feet) Yard (feet) combined Yard (feet) (Sq. ft. feet (feet)-- feet 3 RM 3,500 10,000 60 20 6 0 20 35 4 RM 4,500 110,000 60 20 6 0 20 35 5 RM 5,500 1.0,000 60 20 6 0 20 35 Single-family NIA 10,000 60 25 8 0 25 35 dwellings Attached 5,500 5,500 35 20 0 10 25 35 Single-family dwellin Where public sewer facilities are not available, not less than 43,560 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. Pasted by the Council on the day of ,r , 2006, and approved this day of 2006. Bill Voss, Mayor ATTEST: - - _ Connie Frame, City Clerk 9 First Reading: . Second Reading: ' ' "Third Reading: F - I certi� that the foregoing was posted as Ordinance No.—.� a on the `, day of I� , 2.406. T I r• ^'X Connie Frame, City Clerk ORDINANCE NO. � AN ORDINANCE AMENDING THE FAIRFAX ZONING ORDINANCE OF 2000, OF THE C'IT'Y 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 A PART OF THE NW 1/4 OF SECTION 15, TOWNSHIP 82 NORTH, RANGE 8 WEST OF THE 5TH PRINCIPAL MERIDIAN, CITY OF FAIRFAX, LINN COUNTY, IOWA, AS M1 (LIGHT INDUSTRIAL 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 M1 (Light Industrial District), as requested by Interstate Power &. Light Company: All that real property situated in the City of Fairfax, County of Linn, State of Iowa,now known as a part of the NW ti/4 of Section 15, Township 82 North,Range 8 West of the 5th Principal Meridian, City of Fairfax, Linn County, Iowa,more particularly described as follows: Commencing as a point of reference at the W 1/4 corner of said Section 15; thence N00°00'00"E along the west line of NW 1/4, 1310.33 feet; thence N90°00'00"E,40.00 feet to the east right-of-way line of Fairfax Road and the point of beginning; thence S88°33'31"E, 2'2.03.83 feet; thence S00°21'08"E, 825.25 feet to the north right-of-way line of the former Chicago Milwaukee, St Paul &Pacific Railroad; thence N89°20'57"W along said north right-of-way line, 1545.30 feet; thence N00°00'00"E, 521.52 feet; thence N90°00'00"W, 562.00 feet to the east right-of-way line of Fairfax Road; thence N00°00'00"E along said east right-of-way line, 241,59 feet to the point of beginning, containing 33.1.5 acres. 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 , 2006, and approved this 13 day of , 20065. Bill Voss, Mayor ATTEST: 09114 AIJ Connie Frame, City Clerk First Reading: Second Reading: Third Reading: I certify that e foregoing as published as Ordinance No. J��v on the 13 day of g 2006. Connie Frame, City C er RECOM MNDATION NO. _ —Proposed 2006-02(7 June 2006) RECOMMENDATION APPROVING ZONING CLASSIFICATION-M1(LIGHT INDUS'T71 WL) V*MREAS, Interstate Power & Light Company, current owner, and Dan Bushman„ purchaser, of what is now legally known as a part of the NW '/4 of Section 15, Township 8'2 North, Range 8 West of the 5th Principal Meridian, City of Fairfax, Linn County, Iowa,, more particularly described as follows: Commencing as a point of reference at the W 1/4 corner of said Section 15; thence N00100100"E along the west line of NW /4, 1310.33 feet; thence N90°00'001"E,40.00 feet to the east right-of-way line of Fairfax Road and. the point of be ` g; thence S8893'31"E„ 2203.83 feet; thence S00°21'08"E, 825.25 feet to the north right-of-way line of the former Chicago Milwaukee, St Paul &Pacific Railroad; thence N89°20'57"W along said north right-of-way line, 1546.30 feet; thence N00100100"l3, 621.52 feet; thence N90°00100"W, 662.00 feet to the east right-of-way line of Fairfax Road; thence N00°00'00'"E along said east right-of-way line, 241.59 feet to the point of beginning, containing 33.16 acres. All the real property situated in the City of Fairfax, County of Linn, State of Iowa, submitted an application and plat reap to rezone from AG (Agricultural District) to M1 (Light Industrial District), has been filed with the Fairfax Planning and Zoning Commission, 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 Fairfax Planning and Zoning Commission, Fairfax, Iowa has recommended approval of the rezoning application request for Interstate Power & Light Company, current owner, and]Dan Bushman,purchaser. NOW, THEREFORE, BE IT RESOLVED, By the Fairfax Planning and Zoning Commission of the City of Fairfax, Iowa, that said rezoning application request for Interstate Power & Light Company, current owner, and Dan Bushman, purchaser, be and the same is hereby acknowledged and approved on the part of the Fairfax.Planning and Zoning Commission, and this Commission hereby recommends to the Fairfax City Council the acceptance of the same, and the chairman is hereby authorized and directed to certify this recommendation of approval. and affix the same to said amendment as provided by law. Passed and approved this day of 2006• Chairman ATTEST: Connie Frame, City Clerk EXHIBIT A LEGAL DESCRIPTION REZONING FROM Al: AGRICULTURAL TO MI: LIGHT INDUSTRIAL A part of the NW 1/4 of Section 15,Township 82 North, Range 8 West of the 5th Principal Meridian, City of Fairfax, Linn County, Iowa described as follows: Commencing as a point of reference at the W 1/a corner of said Section 15; thence N00°00'00"E along the west line of NW 1/a, 1310.33 feet; thence N90°00'00"E, 40.00 feet to the east right-of-way line of Fairfax Road and the point of beginning; thence S88°33'31"E, 2203,83 feet; thence S00°21'08"E, 825.25 feet to the north right-of-way line of the former Chicago Milwaukee, St Paul&Pacific Railroad; thence N89°20'57"W along said north right-of-way line, 1546.30 feet; thence N00°00'00"E, 621.52 feet; thence N90°00'00"W, 662.00 feet to the east right-of-way line of Fairfax Road; thence N00°00'00"E along said east right-of-way line, 241.59 feet to the point of beginning, containing 33.16 acres. CITY OF FAIRFAX NOTICE OF PUBLIC HEARING REZONING APPLICATION—ZONING CLASSIFICATION TO WHOM IT MAY CONCERN: You are hereby notified that a Public Hearing will be held before the Fairfax Planning& Zoning Commission and the Fairfax City Council upon the application of Interstate Power & Light Company, current owner, and Dan Bushman, purchaser, of the following, described property now known as part of the NW 1/4 of Section 15, Township 82 North,, Range 8 West of the 5th Principal Meridian, City of Fairfax, Linn County, Iowa, more particularly described in Exhibit A, on file at Fairfax City Hall, all the real property situated in the City of Fairfax, County of Linn, State of Iowa. The change requested is from AG (Agricultural District) to M1 (Light Industrial District). The said hearing will be held before the Planning & Zoning Commission at Fairfax City Hall on Wednesday, June 7, 2006 at 7:00 PM, or soon thereafter, at which time and place you may appear and. be heard in regard to said application. The said Public Hearing will be held before the Fairfax City Council at Fairfax City Hall on Tuesday, June 13, 2006 at 7:00 PM, or soon thereafter, at which times and place you may appear and be heard in regard to said. application. Connie Frame, City Clerk Published in the Gazette on May 26, 2006 RECOMMENDATION NO. RECOMMENDATION APPROVING ZONING CLASSIFICATION-M1 (LIGHT INDUSTRIAL) WHEREAS, Interstate Power & Light Company, current owner, and Dan Bushman, purchaser, of what is now legally known as a part of the NW '14 of Section 15, Township 82 North, Range 8 West of the 5th Principal Meridian, City of Fairfax, Linn County, Iowa, more particularly described as follows: Commencing as a point of reference at the W 1/4 corner of said Section 15; thence N00°00'00"E along the west line of NW 1/4, 1310.33 feet; thence N90°00'00"E,40.00 feet to the east night-of-way line of Fairfax Road and the point of beginning; thence S88°33'317, 2203.83 feet; thence S00°21'08"E, 825.25 feet to the north right-of-way line of the former Chicago Milwaukee„ St Paul &Pacific Railroad; thence N89°20'57"W along said north right-of-way line, 1546.30 feet; thence N00°00'00"E,, 621.52 feet; thence N90000'00"W, 662.00 feet to the east right-of-way line of Fairfax Road; thence N00°00'00"E Tong said east right-of-way line„ 241.59 feet to the point of beginning, containing 33.16 acres. All the real property situated in the City of Fairfax, County of Linn, State of Iowa, submitted an. application and plat map to rezone from AG (Agricultural District) to Ml (Light Industrial District), has been filed with the Fairfax Planning and Zoning Commission, 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 Fairfax Planning and Zoning Commission, Fairfax, Iowa has recommended approval of the, rezoning application request for Interstate Power & Light Company, current owner,and Darr Bushman, purchaser. NOW, THEREFORE, BE IT RESOLVED, By the Fairfax Planning and Zoning, Commission of the City of Fairfax, Iowa, that said rezoning application request for Interstate Power & Light Company, current owner, and Dau Bushman, purchaser, be and the same is hereby acknowledged and approved on the part of the Fairfax Planning and Zoning Commission, and this Commission hereby recommends to the Fairfax City Council the acceptance of the same, and the chairman is hereby authorized and directed to certify this recommendation of approval and affix the same to said amendment as provided by law. Passed and approved this T _ day of -Z a 2 y�� 2006. C irnan ATTEST: Connie Frame, City Clerk A-r r --Fs '� ° �:a"da-+ �`4 - k1lt ®r'. 11%"r I -��yy��]j kN IH1911A Qi � q : 5. :, IW �y�A9 9 24 ' EM F i2}k- 2JI f F E eY,:l{G-;;4.;G a1Mq�Fd9`7 YH���� x_ .'as" —� � r caulks• �a kµ N'_iF & PI' f N4 31 I� Y '2 9k II R 4 `(G fF9 gr� zsss° d-s'Y I u A s4 I �¢ -�' inaxa�¢ ygH— .c s sl J- iv �rz 5 p,� x;kec4a EA r ihs ss,w'�R-u --g- s kis 4 3 u�`� " HS. E: j{{,M.I 'YM 3+9L:C'l2 II IliEE^ �3x1.'J r �» —i{ fti -A �� -6 € EE '3 Yd YEh F 'F a'2�N F- - in I.IMM:R' Rb E: ..............._Ta �__ass N ._ -.-....r. �a:r or.�w5"', -A� -"l .�..rv. .- Please type or print The undersigned is/are the owners) of the property described in this application and hereby request that the City of Fairfax Planning and Zoning Commission and the Fairfax City Council consider the said property for rezoning. 1. Please complete the following: A- Property Address: See attached le-eal_des cri )tion B. Proposed Use: _____LxLgM Industrial C. Reason for Request: For construction of new shop D. Current Zoning: Agricultural E. Proposed Zoning: Ll F. Estimated increase in vehicle trips per day: (Applicant may be required to provide the necessary engineering studies to determine this) G. Types of vehicles using facility: Construction Equina went 2. A. A site plan is required for all single family residential rezoning which do not have an accompanying preliminary plat. Said site plan shall show all existing structures located on the property with dimensions of each structure, dimension between structures and dimensions between structures and dimensions from those structures to the proposed lot lines. B. A site development plan is required for all R-M,M-H,C-1,Ll and HI rezoning. Site plans must be prepared by an engineer,landscape architect,urban planner,architect or similar professional and included: 1. North directional arrow and map scale indication(no less than l"=50') 2. Location map showing relation to surrounding roads and public facilities. 3. Title block including the name,address and phone number of the developer and the architect's/engineer's seal,date of preparation and revision date. 4. Existing and proposed zoning classification,use of property and number of employees (if applicable).. 5. Ownership,land use and zoning of all properties within 200 feet of the property for which. the special exception is requested. 6. Type of water supply and sewage disposal and if storm sewer is available. 7. Existing and proposed property lines including dimensions of existing and proposed lot boundaries. 8, Existing and proposed right-of-way lines and building,setback lines. 9. Existing contour lanes at intervals of ten feet. 10.Proposed contour lines at intervals of five feet. 11.Water courses,floodways, floodplain and wetlands.. 12.Any unique natural features. 13.Location and dimensions of all existing and proposed structures. All structures must be delineated m square feet and dimensions to existing and/or proposed lot lines must be provided as well as dimensions between structures. 14.Existing and proposed structures must be labeled as to their use. Structures include wells,. fences,septic,utility poles,LP tanks,etc. Existing roads must also be shown. 15.Existing and proposed parking spaces.Must provide notation of the number of spaces required and the number provided. 16.All utility easements. 17.Radius or curvature of ingress and egress drives. 18_Circulation patterns of traffic. 19.Access to al public or private streets. 20.Location and size of existing or proposed signs and illumination techniques. 21.Location,intensity,height, spacing,efficiency and shielding of all existing and proposed. exterior lighting. 22.Location of outside refuse collection areas and the type of screen to be provided. 23.The estimated increase in vehicle trips per day by type of vehicle. 24.Any other information deemed necessary by the Zoning Administrator. 3. Please indicate whether the property is involved in any of the following,by placing a check mark by all that apply. Bankruptcy Contract Sale Civil Suit Foreclosure 4. Certification.. Complete the following pplicable: " Owner's Signature- � �r lo 6 Date: 5 G del Address: � � ` s?-I�foG Phone Number.Home: W oric [n r I Cell: —C� Ks / Contract Purchaser's Signature: Address: 3523 Riverside Dr Cedar Ra ids lA 52411 Phone Number:Home 319-378-5978 Work 319-551-8092 Cell: 319-551-8092 Contact Person: Dan or Julie Bushman Phone Number. Home 319-378-5978 Work 319-551-8092 Cell: 319-551-8092 Surveyor: Steven M.Brain Company: Brain Engineering,Inc. NONE: This application,the fee and the site plan are required to be submitted jointly. If any of these items are not included or are found to be incomplete,a processing delay or rejection of the application my result. d O O ,Prairie Cr�� Q �c VE QUAR Y V r QUA R DR °- rr or AIN ST N m z uj JRCF1 ST SITE LOCATION cr- 15 LINN ST a C I C R R �- (FAIRFA CORP[OR TE LIMITSY DR (FAIRFAX CORPORATE LIMITS) v DrawingTitle: CA a cm 0T VICINITY MAP � Z EN6INEERING . 1NC , LI REZONING TFA6-FAX AC]AC] E� r I� I� '6 �a Ig m #r l � ( > _ � o r I � F i 1 Drowing Title- L4 n u' • a rA-- 'IN REZONE TO LI 0) z � a ENG M INmE E R I N INC . BUSHMAN AN FIRST ADDITION 1310.33' N00'00'00"E FAIRFAX ROAD N00'00'00"E – — 241.59' N-1 -P z o0 I I I ofl .o I C I i I 0 J 00 I � f i-n I0 I NOO'00'00"E [] 621.52' � I � I IG) 0 IBUILDING m 11,520 50 LJ N ou imN l7 Q O W o CD w L4 CO } D mO n N � I n ._ t O N O D n z n � I NOO.00'OQ"E 1 I N 0 494' 1r . D r� ® C -°° 00 ( ll ll, 0 i 4� rn I o D CA I I I 0 0 ° o �4a a 41 I I 0 I ll - v Title: ® � Drown: CVP Book: cn n SITE DE V ELaORMENT PLAN On -° �. FJ/9/06 Q O] z Checked: Scale: o BUSHMAN EXCAVATING SERVICES E fV G,I IV �E E R I N IN . J " CITY OF FAIRFAX RESOLUTION NO. A RESOLUTION APPROVING LINK COUNTY AND CITY OF FAIRFAX AGREEMENT FOR BUILDING CODE 'SERVICES WHEREAS, the Fairfax. City Council, Linn County„ Iowa, pursuant to Iowa Code Chapter 28E, proposes that the City of Fairfax enter into an agreement with Linn County, Iowa under the title Linn County and City of Fairfax Agreement for Building Code Services; and WHEREAS, The purpose for such agreement is to provide for plan review, inspection and services related to the city building codes for certain construction projects in the City of Fairfax by Linn County in order to protect the public health, safety and welfare; and WHEREAS, Such agreement is in the best interests of Linn County and the City of Fairfax. BE IT RESOLVED, By the Fairfax City Council, Linn. County, Iowa, this date met in lawful session,that the City of Fairfax Iowa will join pursuant to Iowa Code Chapter 28E,with Linn County, Iowa into an agreement titled Linn County and City of.Fairfax Agreement for Building Code Services. NOW, THEREFORE., BE IT FURTHER RESOLVED, That the Mayor and City Clerk are hereby authorized and directed to execute the Contract for and on behalf of the City, and upon execution, the Contract shall be in full force and effect. Passed and approved this day ofa�u� , 2006. AYE: FA 06�ag NAY: ABSENT: Ici�t2z�� Bill Vass,Mayor ATTEST: Connie Frame, City Clerk The foregoing Resolution No. �'� ^�J. having been approved this date by the City Council, I hereby rove the same by affixing my signature as City Clerk on this day of L✓ , 2006. LIN'N COUNTY AND CITY OF FAIRFAX AGREEMENT FOR BUILDING CODE'. SERVICES 1 TITLE 1.1 Pursuant to Iowa Code Chapter 28E, this Agreement by and between Linn County, Iowa and the City of Fairfax, (Iowa, shall be known as the Linn County and City of Fairfax Agreement for Building Code Services. 2 PURPOSE AND SCOPE 2.1 The purpose of this Agreement is to provide for plan review, inspection and services related to the building, mechanical, plumbing and electrical codes of the City of Fairfax to protect the public health, safety and welfare. 2.2 Linn County, through the Building Division ofthe Department of Planning and Development, shall provide services to administer and enforce the building, mechanical, plumbing and electrical codes of the City of Fairfax. 2.3 It is the intent that the same level of service shall be provided to the citizens of Fairfax as are currently provided to the citizens of the unincorporated) areas of Linn County. 3 LIMITATIONS: This Agreement shall be limited to those construction projects requiring a building permit and listed below: 3.1 The new Branch Facility for Guaranty Bank 3.2 The new Fairfax 'Retail Center 3.3 Other construction projects as may be agreed to by the City of Fairfax and Linn County. 4 DEFINITIONS: As used in this Agreement,the following terms are defined: 4.1 Building Division: the Building Division of the Linn County Department of Planning and Development. 4.2 County Building Official: The Linn County 'Building Official who is the designated authority charged with the administration and enforcement of the Linn County Building Codes. 4.3 City Building O iciat The City of Fairfax Building Official who is the designated authority charged with the administration and enforcement of the Fairfax Building Code. 4.4 City:The City of Fairfax, Iowa, 4.5 Code:The buildiing, mechanical, plumbing and electrical codes of the City of Fairfax. 4.6 County:The County of Linn, Iowa. 4.7 Inspectors: The Combination Building Inspectors employed with the Linn County Building! Division under the direction of the Linn County Buildings Official. 4.8 Permit. Building, mechanical, plumbing or electrical permit issued in accordance with the building, mechanical, plumbing and electrical codes for work within the city limits of Fairfax. 5 PERMITS AND FEES 5.1 The City shall receive application for permits. 5.2 The City shall forward to the County a copy of the permit application, two sets of construction drawings and an approved site plan. 5.3 Permit and inspection fees shall be the same for City Permits as for County Permits and shall be determined by the County Building Official in accordance with the Linn County Building, Mechanical, Plumbing and Electrical Regulations Fee Schedules in effect as set by resolution of the Linn County Board of Supervisors. 5.4 The permit fees shall be paid to the City by the applicant. The City shall then pay the permit fees to the County at least monthly on a schedule agreed upon by the City Building Official and' the County Building Official. All fees paid by the City to the County shall be retained by the County. 5.5 Fees may be renegotiated and changed at any time if mutually agreed by both parties. 5.6 The County will review the construction drawings for compliance with the Code. Once Code requirements have been satisfied, the permit will be issued by the County. The issued permit and a copy of the approved' construction drawings will be sent to the applicant. A copy of the issued permit will be sent to the City. This application and document distribution process may be changed at any time as mutually agreed by both parties. 6 INSPECTIONS 6.1 The County shall provide inspections in accordance with the Code. 6.2 Inspection requests will be received by the Building Division office between 8:00 a.m. and 5:00 p.m., Monday through Friday. 6.3 Inspections will be conducted by the County Inspectors between approximately 930 a.m. and 3:30 p.m., Monday through Friday. 6.4 The permit holder will be responsible for inspection requests. At least four hours notice is required prior to an inspection. 6.5 Inspections shall linclude footings, setbacks, electrical service, gas piping, rough-ins for framing, electrical, mechanical and plumbing work, and final inspection. 7 ENFORCEMENT 7.1 Administration and enforcement of the Code shall be by the County in accordance with the administrative provisions of the Code. 7.2 Enforcement and prosecution of Code violations cited by the Building Division shall be by the City. 8 ZONING $.1 The City shall provide copies of an approved site plan for each new building or addition with setbacks dimensioned. The County shall not. issue Permits until receiving verification that the buildings or structures meet the requirements of the City zoning ordinance. 8.2 Enforcement of the City zoning ordinance shall be by the City. 8.3 County Inspectors shall confirm that the location of the buildings meet the setback requirements of the approved site plan during the footing inspection. 9 RECORDS 9.1 The County shalll' Maintain records of Permits, (beginning with the effective date of this agreement, for a period of five years from the issuance date, unless this agreement is terminated sooner. 'Within six months following termination of this agreement, records shall be transferred to the City upon written request. Other arrangements for record keeping may be made if mutually,agreed by both parties. 10 HOLD HARMLESS 10.1 The City of Fairfax shall hold harmless, indemnify and defend all claims and suits for liability against Linn County and any of its employees arising as a result of any services performed by Linn County under this agreement. 11 APPEALS 11.1 Appeals of decisions or determinations of the County Building Official relative to the application and interpretation of the Code shall be through the City in accordance with the Code. 11.2 The City shall provide decisions and findings in writing to the County Building Official.. 12 AMENDMENTS 12.1 Any portion of this Agreement may be amended at any time, as mutually agreed, by Resolution of the Linn County Board of Supervisors and Resolution of the City Council. 13 DURATION OF AGREEMENT 13.1 This Agreement shall continue until terminated by either the County or the City. 14 TERMINATION 14.1 Either the County or the City may terminate this Agreement at any time by providing written notice at least three months prior to the termination date. Written notice shall be a certified copy of a resolution by the Linn County Board of Supervisors or the Fairfax City Council. 14.2 This agreement may be terminated at any time, as mutually agreed, by Resolution of the Linn County Board of Supervisors and Resolution of the City Council. 14.3 The County shall not be obligated to perform inspections after the termination date for Permits that are applied for or issued prior to the termination date. 14.4 Upon termination, fees collected for unissued Permits will be refunded) upon written request after deducting a processing and plan review fee not to exceed 30% of the fees previously collected. 14.6 Upon termination, fees collected fur issued permits will be refunded upon written request on a prorated basis for the work completed and inspected as determined by the County Building Official. 15 EFFECTIVE DATE The effective date of this Agreement is the date the certiified Agreement is recorded at the Linn County Recorder. Dated this ay of 97 , 2006. City of Fairfax, Iowa County of Linn, Iowa Payor Chair Attest City C erk Lunda Can n ditor ` J HALL L & HALL ENGINEERS, INCA �- Leaden)n Laid Leaelopment Since 2953 May 22, 2006 Honorable Mayor and City Council City of Fairfax, Iowa 525 Vanderbilt Street P.O. Box 337 Fairfax, IA 52228-0337 Re: All Systems Permit Oversized Loads Honorable Mayor and City Council, We have reviewed the information submitted to the City regarding participation in the All Systems Permit to haul oversize loads on any roadway that is part of the system. The Iowa DOT is updating their maps and is inquiring about the City of Fairfax participating in the system. In the past, the City has restricted all of its streets and roads from use by carriers holding statewide permits. We would recommend the City continue to restrict all of their streets and roads. Carriers would then be able to use only Highway 151 to haul oversize loads. We can mark the form accordingly as directed by the City Council. We would also recommend the contact for the City be the City Clerk. Res ectfully Submitted, t Richard C. Ransom, P.E. City Engineer CI`dIL Eti4GII�lEERING LAND SURVEYING - LAND DEVELOPMENT PLg4INR IG - LANDSCAPE ARCH ITEC i UKE 3 860 Boyson Road ^ Hiawatha,IA 52233 - PIS:31111,362,9546 m Fx: 319362.75155 o www.hall eng.com AW Iowa DePartment of Transportation Office of Motor Carrier Services Voice: 515-237-3264 PO Box 10382,Des Molues,1A 50306-0382 Fax: 515-237-3257 May 8, 2006 RE: All Systems Permit Books Dear City&County Engineers: It is time to update the city and county map books that go along with our All Systems Permit., The All Systems Permit is arrt annual permit issued by the Iowa Department of Transportation, which authorizes a carrierto move oversized loads on city streets, county roads, and state highways. This is a benefit to the carrier because s/he needs to buy only one perfnit to travel in all the participating jurisdictions. The maximum dimensions allowed under the All Systems Permit are 120 feet long, 16 feet wide„ 15 feet 5 inches high, and 80,000 pounds. Along with the permit, the carrier receives a set of maps in the form of two books: one for cities and one for counties. These maps show which counties and cities participate in the All Systems program. They also show which city streets and county roads the carrier can or cannot travel within the city or county. if you would like to see the present maps, they are on website www.iamvd,com. This is where you come in. If you choose to participate,we need to know which streets or roads a carrier can or cannot travel in your jurisdiction with an oversized load, within the dimensions described. Enclosed in this mailing are an information sheet, a map of your city or county, and a map from the past book, if you responded to our last update request. What we would like you to do is indicate at the top of the Information Sheet the option that you have chosen to describe your participation. if you indicated'Option One or Two, please provide a typewritten description of each of the routes that can or cannot be traveled by oversized loads. Then, on the map of your jurisdiction, please highlight each of the routes you have listed on the Information Sheet. Also, please provide the name of your city or county and a contact name and phone number. If you indicated Option Three or Four, there is no need to provide a description or highlight the map. Just provide the name of your city or county and a contact name and phone number. Please return the completed Information Sheet to us by July 10, 2006. If you indicated Option Three or Four, there is no need to return the map--please return only the Information Sheet. if you indicated Option One or Two, please return the Information Sheet, as well as the highlighted map. If you have any questions, please contact Larry Steckelberg between 10:00 a.m. and 6:30 p.m. at 515-237-3276. Sincer ly, Larry Stec erg, Supervisor- Permi enter Office of Motor Carrier Services, Motor Vehicle Division LS/mrj Enclosures Information Shut Please mark (X) ane of the four following options that describe yourparicipadon. . 1. The following are the streets or roads oversize loads cangavel on. 2. The following are thi streets or roads overs,za loads carrrrot 'travel on. 3. There are no restrictions. Oversize loads can' travel on all streets or roads. �. ,'til streets or roads are restricted. Oversize loads cannot travel on any streets or roads. Examples of typed descriptions: 1 st Street from Railroad Ave., to Hwy. 999 County Rd. G99 from H-wy. 99 to County Rd. G98 Please provide your typed description(s) here if 1 or 2 are marked above. City County Contact Name: Contact Name: Fd r City of For County of: Telephone No. Telephone No. Please retum this form along with the highlighted map by,duly 10, 2006, to: Larry Steckelberg, Permit,Center Office of Motor Carrier Services Motor Vehicle Division PO Box 10382 Des Moines, i,4 5030M382 i h i - A I � 777 .77 r! r '.L e x � � � 5 lispMM WAWAtA «r 47 !, P _1 �'ie �! ; -AR1 t bQ, NOW'. 4 -" 1 r 190 qy4 h"�w;Y i _ e,Sl `'RF�tNYh gra r 8 r t - �1� i V i - t1h SON=t e law Ida 03flJW3"1 i 1h Tv too 2 AV 9 i� -_ Ln Em tt 0.' L M .�... 4-J e_ ... _.„ tv L 0 !L 0 I f I 1 � LC)I Ev LO 0 1 i ------------ ..»._.....--- --- ;------------ AyE ST m - � As s $ l K 1 cnLA 3Rb ST I LAk OXCARMNE WIVE GAT 5 C6 ��r 3q ' MAb AiN STSTH GTet k- T I' ar ...... Law WNTON ST ' RA f94K PR fFnfA 'p +�7Af'U4ATE IfS1 _.•�_ . - CHR(!'T_-� 4 � � � I E I s, ,Ptb o 51 : ° 0 _ v o `� cy ;+ La cr n m clo cn a Q, CD 0 CD r...............a. to co N APPLICATION FOR IOWA RETAIL CIGARETTE I TOBACCO PERMIT For Period July 1 ,20 06 through June 30, 20 07 PLEASE TYPE OR PRINT LEGIBLY lease mail this completed application to your local jurisdiction. If you have questiions, call yuur City Clerk(within city limits) ur yuur Cuunty Auditur (uutsidri city fiiialts). I/We hereby make application for a retail permit to sell cigarettes and tobacco products: SUSINESS INFORMATION Name of Business/1313A Fairfax HliandiMart Location Address(Must Have) 65 Williams Blvd., Fairfax, IA 52228 MailingAddress PO Box 66 City Cedar Rapids Zip 524'06 T pe otSales: ❑Vending Machine ®Over-the-counter 'lelepl oneN'umber ( 319 ) 846-2860 Type of Re#xil Establishment! ❑ 'bar ®convenience store-with gas ❑convenience store-no gas ❑drug store ❑gas statism ❑ grocery ❑hotel/motel ❑liquor store ❑restaurant ❑tobacco store other Cigarettes must be sold at the minimum price set by the State of Iowa.Obtain a current copy from the Iowa Department of Revenue Web site at www.state,ia.us/tax or from TaxFax at 1-800-572-3943(enter form number 71023). ONLY APPROVED BRANDS OF CIGARETTES OR ROLL-YOUR-OWN PRODUCTS MAY BE SOLD IN IOWA Any birand not on the list is contraband. In addition, all cigarettes sold in Iowa must have an Iowa Cigarette Tax Stamp affixed to each package. Any violation of contraband or non-Iowa cigarette tax stamped package Is subject to seizure and penalties under the provisions of Iowa Cade 453,A and 453D. The list of approves) brands is always current at httpJ/www.state.ia.us/taxl'lbusiness/GigTobindex.html and is called IOWA DIRECTORY OF CERTIFIED TOBACCO(PRODUCTS MANUFACTURERS—THEIR BRANDS AND BRAND FAMILIIIES Go to hitp:/Ielists.idrf.state.1a.us/scriptalwa.exe and sign up for the CigarettelTobacco E-list. You wiitl mcoive an o-mail Query time the approvod list changos or tha minimum price changQs. LEGAL OWNER INFORMATION Ty of'Ownership: ❑ Individual ❑Partnership ®Corporation ❑ LLC: ❑LLP Legal owner Nordstrom Oil Company (Name of Individual, Partnership,Corporation„ LLC, or LLP) Mai ling Address PO Box 66 City Cedar Ra ids State IA zip 52406 Ph'Number( 319 ) 365-7594 Fa%Number( 319 ) 365-3299 E-mail Address If application is approved and permit granted,I/we do hereby kind ourselves to a faithful observance of the lags ,governing the sale of cigarettes and tobacco products, SIGNATURE OF OWNER, PARTNER(S), OR CORPORATE OFFICIAL. Nance(please p ' t): aV V. Nordstrom Name(please print): Signature: ,q rr Signature: Date U�IJ (Date FOR OFFICE USE ONLY FOR CITY CLERK/COUNTY AUDITOR ONLY F muarnt l'a'd- `��,b0 PLEASE SEND COMPLETED COPY TO THE IOWA te Issued ONony DEPARTMENT OF PUBLIC HEALTH Permit ❑ Rene-wad Name of Issuing City or County Q t� � (4 X 70-014a(s/18/06) RESOLUTION NO. d A RESOLUTION APPROVING IDOT AGREEMENT FOR MAINTENANCE&REPAIR OF PRIMARY ROADS WHEREAS, The attached Agreement is made and entered into by and between the Municipality of Fairfax, Linn County, Iowa, hereinafter referred to as the Municipality and the Iowa Department of Transportation, Ames, Iowa, hereinafter referred to as the Department; and BE IT RESOLVED, In accord with Provisions of Chapter 28E, Sections 306.3, 306.4, 313.4, 313.5, 313.21-23, 313.27, 31.3.36, 314.5, 321.348 and 384.76 of the Code of Iowa and the Iowa Administrative Rules 761 - Chapter 150(IAC) the Municipality and Department enter into the attached Agreement regarding maintenance, repair and minor, reconstruction of the primary roads within the boundaries of the Municipality for the period of July 1, 2006 through June 30, 2011. BE IT RESOLVED, By the Fairfax City Council that the Mayor is hereby authorized to sign the Agreement for Maintenance and Repair of Primary Roads in Municipalities. NOW, THEREFORE, BE IT FURTHER RESOLVED, By the Fairfax 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 13 day of , 2006. AYES: (� NAYS: 4w_• ABSENT: Bill'Voss,Mayor ATTEST: G�-YLAt-ac- AA' Connie Frame, City Cler The foregoing Resolution No. having been approved this date by the Fairfax City Council, I hereby approve the same by affixing my signature as City Clerk. on this day of , 2006. U- LP Connie Frame, City Cleric Form 614434wd 03.06 - Iowa Department of Transportation Agreement for Maintenance and Repair of Primary Roads in Municipalities This Agreement made and entered into by and between the Municipality of Fairfax Linn County, Iowa, hereinafter referred to as the Municipality, and the Iowa Department of Transportation,Ames,.. Iowa, hereinafter referred to as the Department. AGREEMENT: In accord'with Provisions of Chapter 28E, Sections 306.3, 306.4, 313.4, 313.5, 313.21-.23, 313.27, 313.36,3°114.5, 321.348 and 384.76 of the Code of Iowa and the Iowa Administrative Rules 761 -Chapter 150 (IAC)the Municipality and Department enter into the following agreement regarding maintenance, repair and minor reconstruction of the primary roads within the boundaries of the Municipality. I. The Department shall maintain and repair. A. Freeways (functionally classified and constructed) 1. Maintain highway features including ramps and repairs to bridges. 2. Provide bridge inspection. 3. Highway lighting. B. Primary Highways- Urban Cross-Section (Curbed) (See Sec. ILA) 1. Pavement: Maintain and repair pavement and subgrade from face of curb to face of curb (excluding parking lanes, drainage structures, intakes, manholes, public or private utilities, sanitary sewers and storm sewers). 2. Traffic Services: Provide primary road signing for moving traffic, pavement marking for traffic lanes, guardrail, and stop signs atintersecting streets, 3. Drainage: Maintain surface drainage within the limits of pavement maintenance described in I.IB.1 above. 4. Snow Removal: Plow traffic lanes of pavement and bridges and treat pursuant to the Department's policy. 5. Vehicular Bridges: Structural maintenance and painting as necessary. 6. Provide bridge inspection. C. Primary Highways-Rural Cross-Section (uncurbed)(See ILB) 1. Maintain, to Department standards for rural roads, excluding)tree removal, sidewalks, and repairs due to utility construction and maintenance. D. City Streets Crossing Freeway Rights of Way(See 1I.C) 1. Roadsides within the limits of the freeway fence. 2. Surface drainage of right of way. 3. Traffic signs and pavement markings required for freeway operation. 4. Guardrail at piers and bridge approaches. 5. Bridges including deck repair, structural repair, berm slope protection and painting. 6. Pavement expansion relief joints and leveling of bridge approach panels. II. Thee Municipality shall maintain and repair: A. Primary Highways-Urban Cross-Section (curbed)(See Sec. I_B) 1. Pavement: Maintain and repair pavement in parking lanes, lintersections beyond the limits of state pavement maintenance; curbs used to contain drainage; and repairs to all pavement due to utility construction, maintenance and repair. 2. Traffic Services: Paint parking stalls, stop lines and crosswalks. Maintain, repair and provide energy to traffic signals and street lighting. 3. Drainage: Maintain storm sewers, manholes, intakes, catch Ibasins and culverts used for collection and disposal of surface drainage. 4. Snow and ice removal: Remove snow windrowed by state plowing operations,remove snow and ice from all areas outside the traffic Manes and load or haul snow which the Municipality considers necessary. Remove snow and ice from sidewalks on bridges used for pedestrian traffic. 5. Maintain sidewalks and all areas between curb and right of way line. 6. Clean, sweep and wash streets when considered necessary by the Municipality. 7. Maintain and repair pedestrian overpasses and underpasses including snow removal, painting and structural repairs. B. Primary Highways— Rural Cross-Section (uncurbed)(See Sec. i.C) 1. Maintain and repair highway facilities due to utility construction and maintenance. 2. Remove trees. 3. Maintain sidewalks. C. City Streets Crossing Freeway Rights of Way(See I.D) 1. All pavement, subgrade and shoulder maintenance except expansion relief joints and bridge approach panel leveling. 2. Mark traffic lanes. 3. Remove snow including on bridges over freeway. 4. Clean and sweep bridge decks on streets crossing over freeway. 5. Maintain all roadside areas outside the freeway fence. III. The Municipality further agrees: A, That all traffic control devices placed by the Municipality on primary roads within the Municipal boundaries shall conform to the"Manual on Uniform Traffic Control Devices for Streets and Highways." B. To prevent encroachment or obstruction within the right of way, the erection of any private signs on the right of vway,or on private property which may overhang the right of way and which could obstruct the view of any portion of the road or the trafficsigns or traffic control devices contrary to Section 319.10 of the Code of Iowa. C. To comply with all current statutes and regulations pertaining to overlength and overweight vehicles using the primary roads, and to issue special permits for overlength and overweight vehicles only with approval of the Department. D. To comply with the current Utility Accommodation Policy of the Department. E. To comply with the access control policy of the Department by obtaining prior approval of the Department for any changes to existing entrances or for the construction of new entrances. IV. Drainage district assessments levied against the primary road within the Municipality shall be shared equally by the Department and the Municipality. V. Major construction initiated by the Department and all construction initiated by the Municipality shall be covered by separate agreements. VI. The Department and the Municipality may by a separate annual Supplemental Agreement, reallocate any of the responsibilities covered in Section l of this agreement. VII. This Agreement shall be in effect for a five year period from July 1, 2006 to June 30, 2011 IN WTINESS WHEREOF,The Parties hereto have set their hands, for the purposes herein expressed, on the dates indicated below. City of Fairfax a_ MUNIC IOWA DEPARTMENT OF TRANSPORTATION By �' BY District Engineer Date Date Iowa Department of Transportation Cedar Rapids Maintenance Office (319)365-3558 5455 Kirkwood Blvd, SW,Cedar Rapids,IA 52404 Fax(319)365-2317 Aagust 4, 2006 Ref: 832 City of Fairfax Connie Frame, City Cleric City of Fairfax PO Box 337 Fairfax, IA 52228-0337 f�r�':ar Connie: Enclosed you will find your copy of the approved five-year Agreement for Maintenance and Repair of Primary Roads between the City of Fairfax and the Department of Transportation for the period of July 1, 2006 through June 30, 2011. Sincerely, Gretchen Gresslin District Maintenance Manager =G/dh Enclosure CG: John Adam, Statewide Operations Bureau, Iowa Department of Transportation Tom Storey, Design 'Staff Engineer, Iowa Department of Transportation Jeff Tjaden, Cedar Rapids/Marion Area Supervisor, Iowa Dept. of Transportation File Form 810034wrd i 03-M Iowa Department of Transportation ;m&y Agreement for Maintenance and Repair of Primary Roads in Municipalities This Agreement made and entered into by and between the Municipality of Fairfax Linn County (Iowa, hereinafter referred to as the Municipality, and the Iowa Department of Transportation, Ames„ 'lowa, hereinafter referred to as the Department:.. AGREEMENT: In accord with Provisions of Chapter 28E, Sections 306.3, 306.4, 313.4, 313.5, 313.21-.23, 313.27, 313.36, 3114.5, 321.348 and 384.76 of the Code of Iowa and the Iowa Administrative Rules 761 —Chapter 150 (IAC)the Municipality and Department enter into the following agreement regarding maintenance, repair and minor reconstruction of the primary roads within the boundaries of the Municipality. I. The (Department shall maintain and repair:- A, epair:A, f=reeways (functionally classified and constructed) 1. Maintain highway features lincluding ramps and repairs to bridges. .2. Provide bridge inspection.. 3. Highway lighting. - B. Primary Highways—Urban Cross-Section (Curbed) (See Sec. iI,A) 1. Pavement: Maintain and repair pavement and subgrade from face of curb to face of curb (excluding parking lanes, drainage structures, intakes, manholes, public or private utilities, sanitary sewers and storm sewers). 2. Traffic Services: Provide primary road signing for moving traffic, pavement marking for traffic(Panes, guardrail, and stop signs at intersecting streets. 3. Drainage: Maintain surface drainage within the limits of pavement maintenance described in '11.6.1 above. 4. Snow Removal:Plow traffic lanes of pavement and bridges and treat pursuant to the Department's policy. S. Vehicular Bridges.: Structural maintenance and painting as necessary. 6. Provide bridge inspection. C. Primary Highways—Rural Cross-Section (uncurbed)(See 11.6) 1. Maintain, to Department standards for rural roads, excluding tree removal, sidewalks, and repairs due to utility construction and maintenance. D. City Streets Crossing Freeway Rights of Way(See II.C) Roadsides within the limits of the freeway fence. 2. Surface drainage of right of way. 3. Traffic signs and pavement markings required for freeway operation. 4. Guardrail at piers and bridge approaches. 5. Bridges including deck repair,,structural repair, berm slope protection and painting. 6. Pavement expansion relief joints and leveling of bridge approach panels. 11. The Mlunicipality shall maintain and repair,: A, (Primary Highways— Urban Cross-Section (curbed)(See Sec. I.B) 1. Pavement: Maintain and repair pavement in parking lanes, intersections beyond the limits of state pavement maintenance; curbs used to contain drainage; and repairs to all pavement due to utility construction, maintenance and repair. 2... Traffic Services: Paint parking stalls, stop lines and crosswalks. Maintain, repair and provide energy to traffic signals and street lighting. 3.. Drainage: Maintain storm sewers, manholes, intakes, catch basins and culverts used for collection and disposal of surface drainage. 4. Snow and ice removal: Remove snow windrowed by state plowing operations, remove snow and ira from all areas outside the traffic lames and load or haul snow which the Municipality considers necessary. Remove snow and ice from sidewalks.on bridges used for pedestrian traffic. 5. Maintain sidewalks and all areas between curb and right of way line. S. Clean, sweep and wash streets when considered necessary by the Municipality. '. Maintain and repair pedestrian overpasses and underpasses including snow removal, painting and structural repairs. B. Primary Highways— Rural Crass-Section (uncurbed)(See Sec. I-G) 1, Maintain and repair highway facilities due to utility construction and maintenance. 2,. Remove trees. 3.. Maintain sidewalks. C. City Streets Crossing Freeway Rights of Way(See LD) 11. All pavement, subgrade and shoulder maintenance except expansion relief joints and bridge approach panel leveling. 2. Mark traffic lanes. 3.. Remove snow including on bridges over freeway. 4... Clean and sweep bridge decks on streets crossing over freeway. b. Maintain all roadside areas outside the freeway fence. III. The Municipality further agrees: A. That all traffic control devices placed by the Municipality on primary roads within the Municipal boundaries shall conform to the"Manual on Uniform'Traffic Control Devices for Streets and Highways B. To prevent encroachment or obstruction within the right of way, the erection of any private signs on the right of way, or on private property which may overhang the right of way and which could obstruct the view of any portion of the road or the traffic signs or traffic control devices contrary to Section 319.10 of the Code of Iowa. C. To comply with all current statutes and regulations pertaining to overlength and overweight vehicles using the primary roads, and to issue special permits for overlength and overweight vehicles only with approval of the Department. D. To comply with the current Utility Accommodation Policy of the Department. E. To comply with the access control l policy of the Department by obtaining prior approval of the Department for any changes to existing entrances or for the construction of new entrances. IV. Drainage district assessments levied against the primary road within the Municipality shall be shared equally by the Department and the Municipality. V. Major construction initiated by the Department and all construction initiated by the Municipality shall be covered by separate agreements. VI. The Department and the Municipality may by a separate annual Supplemental Agreement, reallocate any of the responsibilities covered in Section I of this agreement. VII. This Agreement shall be in effect for a five year period from July 1, 2006 to June 30, 2011 IN WITNESS WTIEREOF,The Parties hereto have set their hands,for the purposes herein expressed, on the dates indicated below. City of Fairfax MUNIC IOWA DEPARTMENT OF TRANSPORTATION ByLBY ?adC District Engineer Date 0 Date RESOLUTION NO. 2006-38 A RESOLUTION AUTHORIZING THE TRANSFER OF FUNDS FOR THE LIBRARY AND FIRE DEPARTMENT 2005-2006 FISCAL YEAR END BALANCES Be it enacted by the City Council of the City of Fairfax, Iowa: Section 1. Transfer from the Library Gifts/Bequests Savings Account to the General Fund as follows: a. Transfer Order: $642.14 1. $642.14 from regular savings. Purpose: Various savings expenditures ,Section 2. Transfer from General Fund to Library Gifts/Bequests Savings Account as follows: a. Transfer Order: $6,593.42 1. $6593.42 from General Fund Purpose: Excess library income Section 3. Transfer from the Fire Department Equipment Savings Account Fund to the General Fund as follows: a. Transfer Order: $1,342.77 1. $321.87 from Regular Savings. Purpose: Pens 2. $366.90 from Regular Savings. Purpose: Various items 3. $510.00 from Regular Savings. Purpose: Training for fireworks 4. $144.00 from Regular Savings. Purpose: Caps &Embroidery Section 4. Transfer from the Fire Department Fireworks Savings Account Fund to the General Fund as follows: a. Transfer Order: $5,976.50 1. $4,933.43 from Fireworks Savings. Purpose: Fireworks 2006 2. $355.29 from Fireworks Savings. Purpose: Fireworks display 3. $117.48 from Fireworks Savings. Purpose: Racks 4. $39.55 from Fireworks Savings. Purpose: Racks 5. $7634 from Fireworks Savings, Purpose: USA Day supplies 6. $454.41 from Fireworks Savings: Purpose: USA Day supplies Section 5. Transfer from General Fund to Fire Department Truck Fund as follows: a. Transfer Order: $793.02 1. $793.02 from General Fund. Purpose: Unspent budgeted money Section 6. Transfer from Fire Department Truck Fund to General Fund as follows: a. Transfer Order: $514.05 1. $222.05 from Fire Department Track Fund. Purpose: Envelopes 2. $292.00 from Fire Department Truck Fund. Purpose: Ropes (To correct errors in year end balance transfer- charged to credit card) Section 7. Transfer from General Fund to Fire Department Equipment Savings Fund as follows: a. Transfer Order: $1,252.61 1. $1,252.61 from General Fund. Purpose: Excess revenue THEREFORE, BE 1T RESOLVED, By the City Council of the City of Fairfax, Iowa that the Mayor and Clerk are hereby authorized and directed to execute said Resolution. Passed and approved this j day of 006. AYES: &Au� NAYS: 11 ABSENT: Bill Voss, Mayor ATTEST: Connie Frame, City Clerk The foregoing Resolution No� having been approved this date by the City Council, I h by approve the same by affixing my signature as Deputy Clerk on this day of , 2006. F'airfax\419915-9M Ord-2 cons. MINTJTES PROVIDING FOR PASSAGE OF AN ORDINANCE ESTABLISHING THE 2006 ADDITION TO THE FAIRFAX URBAN RENEWAL AREA AS A TAX INCREMENT FINANCING DISTRICT (Ord.—Initial Consideration) 419915-9 Fairfax, Iowa July 11, 20,06 The City Council of the City of Fairfax, Iowa,met on July 11, 2006, at 7:00 o'clock p.m., at the Fairfax City Hall, in the City. The Mayor presided and the roll was called showing members present and absent, as follows: Present: Absent: " Council Member _ introduced an ordinance entitled Ordinance No,57 . An Ordinance p iding for the division of taxes levied on taxable property in the 2006 Addition to the Fair ax Urban Renewal Area of the City of Fairfax, Iowa., pursuant to Section 403.19 of the Code of Iowa." It w o ed by Council Member and seconded by Council Member that the aforementiqrrej ordinance be given its first consideration and that it be adopted. The Mayor put the question on the motion and the roll being called,the following named Council Members voted: n Ayes: Nays: Whereupon, the Mayor'declared the motion duly carried and declared that said ordinance had been given its initial consideration. -1- DORSEY&WUITNEY LLP,ATTORNEYS,DES MOINES,IOWA Faar1ax1419915-%TI Ord---2 cons. i There being no further business to come before the meeting, it was upon motion adjourned. Aavy Attest: City Clerk _2_ DORSEY&'WHITNEY LLP,ATTORNEYS,DIES MOMS,IOWA 'Pa'irfax1419915-91T1 Or3-2 cons. ORDINANCE NO, AN ORDINANCE PROVIDING FOR THE DIVISION OF TAXES LEVIED ON TAXABLE PROPERTY"IN THE 2045 ADDITION TO THE FAIltFAX URBAN RENEWAL AREA., PURSUANT TO SECTION 403.19 OF THE CODE OF IOWA i WHEREAS, the City Council of the City of Fairfax, Iowa previously enacted an ordinance entitled "An Ordinance Providing For The Division Of Taxes Levied On Pu rsuant a ale Property In The Fairfax Urban Renewal Area of the City of Fairfax, Iowa, a Section 403.19 of the Code oflowa"; and WHEREAS, pursuant to that ordinance, the Fairfax Urban Renewal Area in the City of Fairfax was designated a"tax. increment district"; and WHEREAS, the City Council now desires to increase the size of the "tax increment district"by adding additional property; BE IT ENACTED by the Council of the City of Fairfax, Iowa: Section 1. Purpose.,. The purpose of this ordinance is to provide for the division of taxes levied on the taxable property in the 2006 Addition to the Fairfax Urban Renewal Area of the City of Fairfax, Iowa, each year by and for the benefit of the state, city, county, school districts or other taxing districts after the effective date of thi ordinance in order to create a special fund to pay the principal of and interest on loans, moneys advanced to or indebtedness, including bonds proposed to be issued by the City of Fairfax to finance projects in the such urea. Section 2. Definitions. For use within this ordinance the following terms shall have the following meanings: "City" shall mean the City of Fairfax, Iowa. "County" shall mean Linn County, Iowa. "Urban Renewal Area Amendment" shall mean the 2006 Addition to the Fairfax Urban Renewal Area of the City of Fairfax, Iowa, the boundaries of which are set out below, approved by the City Council by resolution adopted on the 11 th day of July,2006. (a) All that part of the Southeast quarter of the Southeast quarter of Section 3, Township 82 North, Range 8 West of the 5th Principal Meridian, Linn County, Iowa, lying Southeasterly of the Southeasterly right-of-way of U.S. Highway No. 151 and lying South of the South right-of-way of Beverly Road; and. All of the Northeast quarter of the Northeast quarter of Section 10, Township 82 North, Range 8 West of the 5th Principal Meridian, Linn County,Iowa. More commonly known as Prairie View Estates Subdivision Part-One and Part-two; and -3- DORSEY&WEE[TNEY LLP,ATTORNEYS,DIES MOINES,IOWA Fairfa)e4)9915-91T1 Ord-2 cons. All that part of the Southwest quarter of said Southeast quarter of Section 3, Township 82 North, Range 8 West of the 5th Principal Meridian, Linn County, Iowa, lying Southeasterly of the Southeasterly right-of-way of U.S. Highway No. 151. Said parcel contains approximately 84.3 acres. (b) All that part of the Northwest Quarter of the Northeast Quarter and the Southwest Quarter of said Northeast Quarter of Section 10, Township 82 North, Range 8 West of the 5th principal meridian except Auditor's Parcel No. 1269, as recorded in book 6058, Page 311 in the office of the Linn County Recorder. More commonly known as Prairie View Heights Subdivision. Said parcel contains approximately 77 acres, subject to easements and restrictions of record; and (c) All of the property contained within the following legal description: Beginning at the point of intersection of the West right of way line of Highway 151 also known as Williams Boulevard, and the South line of Church Street extended, thence East along the South line of Church Street to the East line of Park Street, thence South along the East line of Park Street to the North line of Linn Street, thence East along the North line of Linn Street to the West line of Fairfax Road, thence north along the West line of Fairfax Road to the South line of Railroad Street, thence west along the south line of Railroad Street to the East line of Siepman Drive, thence North along the East line of Siepman Drive extended to the North lune of Railroad Street, thence'East along the North line of Railroad Street to the "Nest line of Fairfax Road, thence north along the West line of Fairfax Road extended to the North line of the Union Pacific Railroad right of way, thence East along the North line of the Union Pacific Railroad right of way to the East line of Fairfax Road extended, thence South along the East line of Fairfax Road to a point 1310.33 feet North of the West 1/4 corner of Section 15, T82N, R8W of the 5a' P.M., City of Fairfax, Linn County, Iowa; thence East along a line parallel to the North line of the SW 1/4, NW t/4, and the SE 1/4, NW 1/4a distance of 2203.83 feet, thence South along a line that deflects 88°12'23" to the right from the previous line, to the North line of Cedar Rapids and Iowa City Railroad right of way, thence West along the North line of the Cedar Rapids and Iowa City Railroad right of way, to the east line of Fairfax Road, thence South along the East line of Fairfax Road to the centerline extended of Southview Road, thence West along the centerline of Southview Road to the northwest line of Highway 151, thence Northeasterly and North along the West line of Highway 151 to the point of beginning, and All of Bailey's First Addition to the City of Fairfax,Linn County, Iowa.. Said parcel contains approximately 163 acres. -4- DOItSEY&JITNEY LLP,ATTORNEYS,DES MOINES,IOWA FairfzX\419915-91T1 Ord-2 cons. Section 3. Provisions for Division of Taxes Levied on Taxable Property in the Urban Renewal Area Amendment. After the effective data of this ordinance taxes levied on the for the benefit of the taxable property in the Urban Renewal Area Amendment each year by taxing district in which the 'State of Iowa, the City, the County and any school district or other Urban Renewal Area Amendment is located, shall be divided as follows: (a) that portion of the taxes which would be produced by the rate at which the tax is levied each year by or for each of the taxing districts upon the total surn of the assessed s s t lue as the of taxable property in the Urban Renewal Area Amendment, as shown on the of January 1 of the calendar year preceding the first calendar year in which the City certifies to the County Auditor the amount of loans, advances, indebtedness, or bonds payable from the special fund referred to in paragraph(b) below, shall be allocated to and when collected be paid g district as taxes by or for said taxing district into which all into the fund for the respective taxin other property taxes are paid. For the purpose of allocating taxes levied by or for any taxing district which did not include the territory in the Urban RenewalArea Arced ment or otonrwgwhe effective date of this ordinance, but to which the territory has been included after the effective date, the assessment roll applicable to property in the annexed territory as of January 1 of the calendar year preceding the effective date of the ordinance which amends the plan for the Urban.Renewal Area Amendment to include the annexed area, shall be used in determining the assessed valuation of the taxable property in the annexed area. (b) that portion of the taxes each year in excess of such amounts shall be allocated to and when collected be paid into a special fund of the City to pay the principal of and interest on loans, moneys advanced to o i�ndebteeiness, whether funded, refunded, assumed or otherwise, including bonds issued under the authority of Section 403.9(1), of the Code of Iowa, incurred by the City to finance or refinance, in whole or in part, projects in the Urban Renewal Area Amendment, and to provide assistance for low and moderate-income family housing as provided in Section 403.22, except that taxes for the regular and voter-approved physical plant and equipment levy of a school district unposed pursuant to Section 298.2 of the Code of Iowa, and taxes for the payment of bonds and interest of each taxing district shall be collected against all taxable property within the taring district without limitation by the provisions of this ordinance. Unless and until the total assessed valuation of the taxable property in the Urban Renewal Area Amendment exceeds the total assessed value of the taxable property in such area as shown by the assessment roll referred to insubsection(a) Of section, Arnendmenthe t shall be paid into the(funds cted upon the taxable property in the Urban Renewal Area for the respective taxing districts as taxes by or for said taxing districts in the same manner as all other property taxes. When such loans, advances, indebtedness, and bonds, if any, and interest thereon, have been paid, all money thereafter received from taxes upon the taxable property in the Urban Renewal Area Amendment shall be paid into the funds for the respective taxiing districts in the same manner as taxes on all other property. (c) the portion of taxes mentioned in subsection(b) of this section and the special fund into which that portion shall be paid may be irrevocably pledged by the City for the payment of the principal and interest on loans, advances, bonds issued under the authority of Section 403.9(1) of the Code of Iowa, or indebtedness incurred by the City to finance or refinance in whole or in part projects in the Urban Renewal. Area Amendment. -5- DORSE'Y, W1UTNEY LLP,ATTORNEYS,DES MOINES,IOWA Fairfax1419915-91'n Ord-2 cons. (d) as used in this section, the word "taxes" includes, but is not limited to, all levies on an ad valorem basis upon land or real property. Section 4. Repealer. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 5. Saving 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. Effective Date. This ordinance shall be effective after its final passage, approval and posting as provided by law. Passed and approved by the Council of the City of Fairfax, Iowa, on the 11th day of July, 2006. Mayor Attest: City Clerk -6- DORSEY&WE[ITNEY LLP,ATTORNEYS,DES MOINES,IOWA ___.. .__ .. Fanrffax4419915-9M Ord-2 cons. MINUTES PROVIDING FOR PASSAGE OF AN ORDINANCE ESTABLISHING THE 2006 ADDITION TO THE FAIRFAX URBAN RENEWAL AREA AS A TAX INCREMENT FINANCING DISTRICT (Ord.—Second and Final Consideration and Adoption) 419915-9 Fairfax,Iowa July 20, 2006 The C' y _ ouncil the City of Fairfax, Iowa, met on July 20, 2006, at 5:30 o'clock p.m., at the , m the City. OF The Mayor presided and the roll was called showing members present and absent, as follows: _ Present: Absent: 1J� I The Mayor announced that, on July 11, 2006, the Council had given its initial consideration to an ordinance entitled "Ordinance No. . An Ordinance providing for the division of taxes levied on taxable property in the 2006 Addition to the Fairfax Urban Renewal Area of the City of Fairfax,Iowa,pursuant to Section 403.19 of the Code of Iowa." It was mov d by Council Member and seconded by Council Member that the statutory rule requiring said ordinance to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended. The Mayor put the question on the motion and the roll being called,the following named Council Members voted: Ayes: Nays: Whereupon,the Mayor declared the motion duly carried. -7- DORSEY&wnTTNEY LLP,ATTORNEYS,DES AROINES,IOWA F'aarfax`419915-91TT Ord-2 cons. It was rpVed by onn.czl Member and seconded by Council Member --' that the ordin e entitled "Ordinance No. 57 . An Ordinance providing for the division of taxes levied on taxable property in the 2006 addition to the Fairfax Urban Renewal Area of the City of Fairfax, Iowa, pursuant to Section 403.19 of the Code of Iowa," now be put upon its final passage and adoption.. The Mayor put the question on the final passage and adoption of said ordinance and the roll being called, the following named Council Members voted: r Ayes: Nays: Whereupon, the Mayor declared the motion duly carried and declared that said ordinance had been duly adopted. -8- DORSEY&WEHTNEY LLP,ATTORNEYS,IDES MOINES,IOWA Flairfax1419915-91T3 Ord-2 cons. There being no further, business to come before the meeting, it was upon motion adjourned. Mayor Attest: City Clerk -9- DORSEY&wHITNEY LLP,ATTORNEYS,DE'S MOMS,IOWA Fairfaxl419915-91TI Ord-2 cons, STATE OF IOWA SS: COUNTY OF LINN I, the undersigned, County Audi yf the aforementioned County, in the State of Iowa, do hereby certify that on the day of 2006, the City Clerk of the City of Fairfax, Iowa, filed in my office a copy an ordinance of such City shown to have been adopted by,the Council and approved by the Mayor thereof on ;burly 20, 2006, entitled: "Ordinance No An Ordinanceproviding for the division of taxes levied on taxable property in the 2006 Addition to the Fairfax Urban Renewal Area of the City of Fairfax, Iowa, pursuant to Section 403.19 of the Code of Iowa", and that I have duly placed a copy of the ordinance on file in my records. WITNESS MY HAND and the seal of the County hereto affixed this day of , 2006. �r County Auditor ('Seal) -10- DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA Fairfa%\419915-91TC Ord---2 cons. STATE OF IOWA COUNTY OF LINN S S: CITY OF FAIRFAX i, the undersigned, City Clerk of the City aforementioned, do hereby certify that a correct and complete copy of"Ordinance No �. An Ordinance providing for the division of taxes levied on taxable property in the 2006 Addition to the Fairfax Urban Renewal Area of the City of Fairfax, Iowa, ursuant to Section 403.19 of the Cade of Iowa" was officially posted on the b day of , 2006, in three public places within said City which have been desi ated or sue ose. I er certify that at this time and at the times aforesaid no newspaper is or was published in said City. WITNESS MY HAND and the seal of said City hereto affixed this q�Q day of 2006. City Clerk (Seal) -11- DORSEY&WHITNEY LLP,ATTORNEYS,DEIS MOINES,IOWA Fairfax\419915-9M Ord-2 cons. STATE OF IOWA COUNTY OF LINK S S: CITY OF FAIRFAX I, the undersigned, City Clerk of the City aforementioned, do hereby certify that the attached is a true, correct and complete copy of all the records of the Council of such City relating to the adoption of an ordinance entitled "Ordinance No. %5 . An Ordinance providing for the division of taxes levied on taxable property in the 2006 Addition to the Fairfax Urban Renewal Area of the City of Fairfax, Iowa, pursuant to Section 403.19 of the Code of Iowa." S HAND and the seal of said City hereto affixed this day of , 2006. City Clerk (Seal) -12- DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA July 25, 2006 Nan Flickinger City Hall :525 Vanderbilt St. Fairfax, IA 52228-0337 Re: Fairfax Urban Renewal Area Our File No. 419915-9 Dear Nan: Per your telephone conversation with Amy Bjork, enclosed please find proceedings reflecting action taken by the City Council with respect to the passage of an ordinance expanding the City's tax increment financing district. The proceedings cover the adoption of the tax increment ordinance at two separate meetings. The ordinance must be posted, and a copy must be filed with the County Auditor of Linn County. Please contact us if you have any questions. Sincerely, Robert E. Josten Enclosures 4843-5829-734511 7/25/2006 7:1 B PM F'airfax1419915-91UR Hrg Add to Area&Ord-1 cons 2006 ADDITION TO THE FAIRFAX URBAN RENEWAL AREA DESIGNATION AND PLAN HEARING 419915- Fairfax, Iowa July 11, 2006 The City Council of the City of Fairfax, Iowa, met on July 11, 2006, at 7:00 o'clock, p.m., at the Fairfax City Hall, in the City for the purpose of conducting a public hearing on the designation of an urban renewal area and on a proposed urban renewal plan amendment. 'The Mayor presided and the roll being called the following members of the Council were present and absent: Present: Absent: The Council investigated and found at notice of the intention of the City Council to conduct a public hearing on the designation of the 2006 Addition to the Fairfax Urban Renewal Area and on an urban renewal plan amendment had been published according to law and as directed by the Council and that this is the time and place at which the Council shall receive oral or written objections from any resident or property owner of the City. All written objections, statements, and evidence heretofore filed were reported to the Council, and all oral objections, statements, and all other exhibits presented were considered. The following named persons presented oral objections, statements, or evidence as summarized below; filed written objections or statements, copies of which are attached hereto, or presented other exhibits, copies of which are attached hereto: (Here list all persons presenting written or oral statements or evidence and -%"summarize each presentation) There being no fin-cher objections, comments, or evidence offered, the Mayor announced the hearing closed. DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA Hanrffaxl419915-9(UR Hrg Add to Area&Ord-1 cros Council Member moved the adoption of a resolution entitled "'A resolution to declare necessity and establish an urban renewal area, pursuant to Section 4013.4 of the Code of Iowa and approve urban renewal plan amendmentr the 2005 Addition to the Fairfax Urban Renewal Area", seconded by Council Member Amer due consideration, the Mayor, put the question on the motion and the roll being called, the following named Council Members voted: _ Ayes: Nays: , ' Whereupon, the Mayor declared the resolution duly adopted and signed approval thereto. F j -2- DORSEY& WHITNEY LLP,ATTORNEYS,DE'S MOINES,IOWA Fairfax/419915-9/UR Hrg Add to Area&00-1 cons RESOLUTION NO. 0,1-6- 41 A resolution to declare necessity and establish an urban renewal area, pursuant to Section 403.4 of the Code of Iowa and approve urban renewal plan amendment for the 2006 Addition to the Fairfax Urban Renewal Area. W EREAS, as a preliminary step to exercising the authority conferred upon Iowa cities by Chapter 403 of the Code of Iowa (the "Urban Renewal Law'), a municipality must adopt a resolution finding that one or more slums, blighted or economic development areas exist in the municipality and that the rehabilitation, conservation, redevelopment, development or, a combination thereof, of such area or areas is necessary in the interest of the public health, safety or welfare of the residents of the municipality; and WHEREAS, the City Council of the City of Fairfax. (the "City„) has previously created the Fairfax Urban Renewal Area(the"Urban Renewal Area),; and WHEREAS, a proposal has been made which shows the desirability of expanding the Urban Renewal Area to add and include all the property within the legal description set out in Exhibit A hereto; and WHEREAS, the proposal demonstrates that sufficient need exists to warrant finding the area shown in Exhibit A an economic development area; and WHEREAS, notice of a public hearing by the City Council of the City on the question of establishing the area shown in Exhibit A hereto as an urban renewal area and on a proposed urban renewal plan amendment for the 2006 Addition to the Fairfax Urban Renewal Area was heretofore given in strict compliance with the provisions of Chapter 403 of the Code of Iowa, and the Council has conducted said hearing; and WHEREAS, the Planning and Zoning Commission of the City has reviewed and commented on the proposed urban renewal plan amendment; and WHEREAS, the owners of all "agricultural land", as defined in Section 403.17 of the Code of Iowa, have executed and delivered agreements consenting to the inclusion of their property in the Urban Renewal.Area; and WHEREAS, copies of the urban renewal plan amendment, notice of public hearing and notice of a consultation meeting with respect to the urban renewal plan amendment were mailed to Linn County, College Community School District and Kirkwood Community College; the consultation meeting was held on the&day of , 2006; and responses to any comments or recommendations received folioin the consultation meeting were made as required by law; -3- DORSEY&WMTNEY LLP,ATTORNEYS,DES MOINES,IOWA Fairfax/419915-9/UR Hrg Add to Area&0rd-1 cons NOW, THEREFORE, It is Resolved by the City Council of the City of Fairfax, Iowa, as follows: Section 1. An economic development area as defined in Chapter 403 of the Code of Iowa,is found to exist in the City of Fairfax within the boundaries set out in Exhibit A hereto. Section 2. The area identified in Section 1 hereof is hereby declared to be an urban renewal area, in conformance with the requirements of Chapter 403 of the Code of Iowa, and is hereby designated the 2006 Addition to the Fairfax Urban Renewal Area. Section 3. The development of this area is necessary in the interest of the public health, safety or welfare of the residents of the City. Section 4. The amendment to the urban renewal plan for the Fairfax Urban Renewal Area incorporating this area, attached hereto and made a part hereof, is hereby in all respects approved. Section 5. All resolutions or parts thereof in conflict herewith are hereby repealed, to the extent of such conflict. Passed and approved July 11,2006. Mayor Attest: City Clerk (Attach copy of the urban renewal plan amendment to this resolution.) -4- DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA Fairfax/419915-9/UR Hrg Add to Area&ord,-1 cons EXHIBIT A—Legal Description Expanded Fairfax Urban Renewal Area (2006 Addition) A) (This properly is being added to clarify the legal description of property added to the urban renewal area in 2001) All that part of the Southeast quarter of the Southeast quarter of Section 3, Township 82 North, Range 8 West of the 5th Principal Meridian, Linn County, Iowa, lying Southeasterly of the Southeasterly right-of-way of U.S. Highway No. 151 and lying South of the South right-of-way of Beverly Road; and All of the Northeast quarter of the Northeast quarter of Section 10, Township 82 North,Range 8 West of the 5th Principal Meridian,Linn County,Iowa. More commonly known as Prairie View Estates Subdivision Part-One and Part-two; and All that part of the Southwest quarter of said Southeast quarter of Section 3, Township 82 North, Range 8 West of the 5th Principal Meridian, Linn. County, Iowa, lying Southeasterly of the Southeasterly right-of-way of U.S. Highway No. 151. Said parcel contains approximately 84.3 acres. B) All that part of the Northwest Quarter of the Northeast Quarter and the Southwest Quarter of said Northeast Quarter of Section 10, Township 82 North,Range 8 West of the 5th principal meridian except Auditor's Parcel No. 1269, as recorded in book 6058, Page 311 in the off ce of the Linn County Recorder. More commonly known as Prairie View Heights Subdivision. Said parcel contains approximately 77 acres, subject to easements and restrictions of record; and C) All of the property contained within the following legal description.: Beginning at the point of intersection of the West right of way line of Highway 151 also known as Williams Boulevard, and the South line of Church Street extended,thence East along the South line of Church Street to the East line of Park Street, thence South along the East line of Park Street to the North line of Linn Street,thence East along the North line of Linn Street to the West line of Fairfax Road, thence north along the West line of Fairfax Road to the South line of Railroad Street, thence west along the south line of Railroad Street to the East line of Sieprnan Drive, thence North along the East line of Siepman Drive extended to the North line of Railroad Street, thence East along the North line of Railroad Street to the West line of Fairfax. Road, thence north along the West line of Fairfax Road extended to the North line of the Union Pacific Railroad right of way,, thence East along the North line of the Union Pacific Railroad right of way to the East line of Fairfax Road extended., thence South along the East line of Fairfax Road to a point 1310.33 feet North of the West �/4 corner of Section 15, T82N, R8W of the 5a'P.M., City of Fairfax, Linn County, Iowa; thence East along a line parallel to the North line of the SW 1/a,NW %4, and the SE J4,NW '/4 a distance of 2203.83 feet,;,thence South along a line that deflects 88°12'23" to the right from the previous line, to the North line of Cedar Rapids and Iowa City Railroad right of way, thence West along the North line of the Cedar Rapids and Iowa City -5- DORSEY&''WHITNEY LLP,ATTORNEYS,TIES MOINES,IOWA Fairfax/419915-9/UR Hrg Add to Area&Ord-1 cons Railroad right of way to the east line of Fairfax Road,thence South along the East line of Faux Road to the centerline extended of Southview Road, thence West along the centerline of South-view Road to the northwest line of Highway 151, thence Northeasterly and North along the West line of Highway 151 to the point of beginning, and All of Bailey's First Addition to the City of Fairfax,Linn County,Iowa. Said parcel contains approximately 163 acres. -6- DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA FaiTfax/419915-91UR Hrg Add to Area&Ord-1 ceras Upon motion and vote,the meeting adjourned. Mayor .Attest: City Clerk -7- DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA Fairfax/419915-9/UR Hrg Add to Area&Ord;-1 cons STATE OF IOWA COUNTY OF LINN SS: CITY OF FAIRFAX 1, the undersigned, do hereby certify that I am the duly appointed, qualified and acting City Clerk of the City aforementioned, and that as such I have in my possession or have access to the complete corporate records of the City and of its officers; and that I have carefully compared the transcript hereto attached with the aforesaid records and that the attached is a true, correct and complete copy of the corporate records relating to the action taken by the City Council preliminary to and in connection with designating an urban renewal area and approving the urban renewal plan amendment for the 2006 Addition to the Fairfax Urban Renewal Area in the City. SS MY HAND and the seal of the City hereto affixed this day of 2006. City Clerk (Seal) (Please attach to this certificate a copy of the minutes or a resolution of the Planning and Zoning Commission showing the action taken by that Commission to approve the urban renewal plan amendment.) -8- DORSEY& WFJITNEY LLP,ATTORNEYS,DES MOINES,IOWA Minutes of the Fairfax Planning and Zoning Commission Meeting June 27, 2006 Present: Jack Rowray,Doug Smith, Bob Collett, Joe Kell, 'Dean Hartman, Virginia Soukup and new member John Hill. Also present was Mayor Bill Voss. 1. Chairman Bob Collett, called the meeting to order at 7:03 p.m. 2, It was moved by Rowray and seconded by Smith to approve the Recommendation 2006-03 to amend Urban Renewal Plan Amendment to 'the Fairfax Urban Renewal Area—2006 Addition. Carried 6 to 0. 3. It was moved by Rowray and seconded by Soukup to approve the Recommendation 2006-04 to approve Final Plat of Prairie View Heights.,Phase One to the City of Fairfax, IA. Carried 6 to 0. 4. It was moved by Smith and seconded by Kell to approve the Recommendation 2006- 05 to approve Preliminary Plat Bushman First Addition to the City of Fairfax, Linn County, Iowa. Carried 6 to 0. 5. Adjourned at 5:00 p.m. Respectfully Submitted, Dean Hartman RECOMMMNDAT ION NO. REcoAE[ENDATION APPROVING URBAN RENEWAL PLAN AMENDMENT TO THE FAII 'AX URBAN RENEWAL AREA-2006 AMMON WHEREAS, The City Council of the City of Fairfax has proposed an amendment to the Urban Renewal Plan for the Fairfax Urban Renewal.Area; and WHEREAS, The urban renewal plan for the Fairfax Urban Renewal Area (the: "Area') is being amended for three purposes. First, the Area is being amended to clarify the legal description of property added to the Area by an urban renewal plan amendment in 2001 (the "2001 Amendment". Second, the Area is being amended to increase the size of the Area by adding certain real property thereto. Third, the area is being amended to authorize the acquisition of certain properties, using tax increment financing, for the promotion of economic development in the Area. WHEREAS, The Fairfax Planning and Zoning Commission, Fairfax, Iowa has recommended approval of the Urban Renewal Plan Amendment to the Fairfax Urban Renewal. Area-2006 Addition. NOW, THEREFORE, BE IT RESOLVED, By the Fairfax Planning and Zoning Commission of the City of Fairfax, Iowa, that said Urban Renewal Plan Amendment to the Fairfax Urban Renewal Area - 2006 Addition be and the same is hereby acknowledged and. approved on the part of the Fairfax. Planning and Zoning Commission, and this Commission hereby recommends to the Fairfax Ci-, ,Cc1cu the ac cc: of the same, and the cha ?+xan is, hereby authorized and directed to certify this recommendation of approval and affix the same to said amendment as provided'by law. Passed and approved this day of v � 2006. man. ATTEST: Connie Frame, City er Fairfax/419915-9/M Sct Hrr Date Amend.Area SET DATE FOR HEARING ON EXPANDED URBAN RENEWAL AREA DESIGNATION AND URBAN RENEWAL PLAN AMENDMENT 419915-9 Fairfax, Iowa June 13, 2006 The Council of the City of Fairfax, Iowa, met on June 13, 2006, at *7,,00 o'clock, m., at the , in the City, for the purpose of setting a date for a ublic hearing on the design tion of an expanded urban renewal area and on a proposed urban renewal plan amendment. The Mayor presided and the roll being called, the following members of the Council were present and absent: Present: Absent: The Mayor announced that an amendment to the boundaries of the Fairfax Urban Renewal Area had been prepared, along with an amendment to the urban renewal plan for the area, and that it was now necessary to set a date for a public hearing on the proposed amended area and proposed amendment to the urban renewal plan., Accordingly, Council Member moved the adoption of the following resolution entitled "Resolution setting da or a public hearing on designation of the expanded Fairfax Urban Renewal Area and on urban renewal `plan amendment," and the motion was seconded by Council Member Following due consideration, the Mayor put the gue'stion on the motion and oll being called, the following named Council Members voted: Ayes: rvue� Nays: Whereupon, the Mayor declared the resolution duly adapted as follows: -1- DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA Tairf23,l419915-91UR Set Virg Date Amend Area RESOLUTION NO. of Setting date for public hearing on designation of the expanded Fairfax Urban Renewal Area and on urban renewal plan amendment WHEREAS, this Council by resolution previously created the Fairfax Urban Renewal Area(the"Urban Renewal Area"); and WHEREAS, a proposal has been made which shows the desirability of expanding the Urban Renewal Area to add and include all the property (the "Property') within the legal description set out in Exhibit A; and WHEREAS, this Council is desirous of obtaining as much information as possible from the residents of the City before snaking this decision; and WHEREAS, an amendment to the urban renewal plan covering the expanded Urban Renewal Area has been prepared and it is now necessary that a date be set for a public hearing on the designation of the expanded area and on that plan amendment; and WHEREAS, a portion of the Property meets the definition of "agricultural land" under Section 403.17 of the Code of Iowa, and certain agreements (the "Agricultural Agreements') have been prepared for presentation to the owners of such land in order to satisfy the consent requirements under that section of the law; NOW, THEREFORE, Be It Resolved by the City Council of the City of Fairfax, Iowa, as follows: Section 1. This Council will meet at the , Fairfax, Iowa, on the I lth day of July, 2006, at 7 o'clock .m., at whit time and place it will hold a public hearing on the designation of the expanded Urban Renewal Area described in the preamble hereof and on the proposed urban renewal plan amendment for said area. Section 2. The City Clerk shall publish notice of said hearing, the same being in the form attached hereto, which publication shall be made in a legal newspaper of general circulation in Fairfax, which publication shall be not less than four(4) nor more than twenty(20) days before the date set for hearing. Section 3. Pursuant to Section 403.5 of the Code of Iowa, the City Clerk and Nancy Flickinger are hereby designated as the City's representatives in connection with the consultation process which is required under that section of the urban renewal law. -2- DORSEY&'aITNEY LLP,ATTORNEYS,DES MOINES,IOWA Fairfax/419915-9/UR Sat Hrg Date Amend Area. Section 4. The proposed urban renewal plan amendment is hereby submitted to the City's Planning and Zoning Commission for review and recommendations, as required by Section 403.5, Code of Iowa. Section 5. The City Clerk is hereby authorized and directed to deliver the Agricultural Agreements to the owners of "agricultural land" (as described in the preamble to this Resolution), such Agricultural Agreements to be executed and delivered to the City prior to the public hearing on July 11, 2006. Passed and approved June 13, 2006. Mayor .Attest: i City Clerk -3- DORSEY& JITNEY LLP,ATTORNEYS,DE'S"MOINES,IOWA Falrfaxl419915-91UR Sat Hrg Date Amend.tea NOTICE OF PUBLIC HEARING ON DESIGNATION OF EXPANDED FAIRFAX URBAN RENEWAL AREA AND ON PROPOSED URBAN RENEWAL PLAN AIENDMENT No ' e. I H eby Given: That at o'ckock m., at the Fairfax, Iowa, on the 11th day of July, 2006, there/will be conducted a public heg on the question of designating an expanded Fairfax Urban Renewal Area, pursuant to Chapter 403, Code of Iowa, by adding and including the property generally described as follows: Certain real property in the City of Fairfax, Iowa, situated as follows: 1) Approximately 77 acres of real property situated immediately north of Cemetery Road, south of Williams Boulevard, east of Fairfax Heights Subdivision, and west of Prairie View Estates Subdivision, more commonly known as Prairie View Heights Subdivison; and 2) Prairie View Estates Subdivision Part-One and Part-Two and certain property lying immediately to its west and bounded on the north by Williams Boulevard (this property is being added to clarify the legal description of property added to the Urban Renewal Area in 2001); and 3) Certain property in the southern portion of the City of Fairfax including property generally lying along and north of Southview Road, east of Highway 151, south of Church and Linn Streets and west of Fairfax Road; and 4) A portion of the right-of-way of Railroad Street and Fairfax Road; and 5) Property known as Bailey's First Addition lying south of Southview Road and north of Highway 151; and 6) Certain bare farm ground lying in the southern portion of the City and situated immediately east of Fairfax Road and immediately north of the CRANDIC Railroad line. (The property to be included is more particularly described and shown in the Urban Renewal Plan Amendment on file in the office of the City Clerk) The subject matter of the public hearing will also include a proposed amendment to the urban renewal plan for the Fairfax Urban Renewal Area covering the area identified above, pursuant to Chapter 403, Code of Iowa, a copy of which amendment is on file for public inspection in the office of the City Clerk. The proposed amendment to the urban renewal plan brings the property described above under the plan and makes it subject to the provisions of the plan. The plan will also facilitate the acquisition of certain real property in the urban renewal area. At said hearing any interested person may file written objections or comments and may be heard orally with respect to the subject matters of the hearing. -4- DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA I FairfaYJ419915-9/UR Set Rrg Date Amend Arm Connie Frame City Clerk -5- DORSEY&WJITNEY LLP,ATTORNEYS,DES MOINES,IOWA Fairhm/419915-91M Sec Hrg Dake Amend Area On motion and vote the meeting adjourned. Mayor ,fittest: A4 City Clerk -6- DORSEY&WFUTNEY LLP,ATTORNEYS,DES MOINES,IOWA Fairfax/41997 5-9/CFR Sd Hrg Date Amcnd area E)=IT A Legal Description Expanded Fairfax Urban Renewal Area (2006 Addition) A) (This property is being added to clarify the legal descrlptlon of property added to the urban renewal area in 2007) All that part of the Southeast quarter of the Southeast quarter of Section 3, Township 82 North, Range 8 West of the 5th Principal Meridian, Linn County, Iowa, lying Southeasterly of the Southeasterly right-of-way of U.S. Highway No. 151 and lying South of the South right-of-way of Beverly Road; and All of the Northeast quarter of the Northeast quarter of Section 10,Township 82 North,Range 8 West of the 5th Principal Meridian, Linn County, Iowa. More commonly known as Prairie View Estates Subdivision Part-One and Part-Two; and All that part of the Southwest quarter of said Southeast quarter of Section 3, Township 82 North, Range 8 West of the 5th Principal Meridian, Linn County, Iowa, lying Southeasterly of the Southeasterly right-of-way of U.S. Highway No. 151. Said parcel contains approximately 84.3 acres; and B) All that part of the Northwest Quarter of the Northeast Quarter and the Southwest Quarter of said Northeast Quarter of Section 10,Township 82 North, Range 8 West of the 5th principal meridian except Auditor's Parcel No. 1269, as recorded in book 6058, Page 311 in the office of the Linn County Recorder. More commonly known as Prairie View Heights Subdivision; and Said parcel contains approximately 77 acres, subject to easements and restrictions of record;; and C) All of the property contained within the following legal description: Beginning at the point of intersection of the West right of way line of Highway 151 also known as Williams Boulevard„ and the South line of Church Street extended,thence East along the'South line of Church Street to the East line of Park Street, thence South along the East line of'.Park Street to the North line of Linn Street,thence East along the North line of Linn Street to the West line of Fairfax Road, thence north along the West line of Fairfax Road to the South line of Railroad Street, thence west along the south line of Railroad Street to the East line of Siepman Drive, thence North along the East line of Siepman Drive extended to the North line of Railroad Street, thence East along the North line of Railroad Street to the West line of Fairfax Road, thence north along the West line of Fairfax Road extended to the North line of the Union Pacific Railroad right of way; thence East along the North line of the Union Pacific Railroad right of way to the East line of Fairfax Road extended, thence South along the East line of Fairfax Road to a point 1310.33 feet North of the West '/4 corner of Section 15, T82N, R8W of the 50' P.M., City of Fairfax, Linn County, Iowa; thence East along a line parallel to the North line of the SW 1/4,NW %4, and the SE V4,'NW '14 a distance of 2203.83 feet,thence South along a line that deflects 88°12'23" to the right from the previous line, to the North line of Cedar Rapids and Iowa City -7- DORSEY&WHITNEY LLP,ATTORNEYS,DE'S MOINES,IOWA F'airfax1419915-9/UR Set Hrg Dake Amend Area Railroad right of way, Whence West along the North line of the Cedar Rapids and Iowa City Railroad right of way to the east line of Fairfax Road, thence South along the East line of Fairfax Road to the centerline extended of South-view Road, thence West along the centerline of Southview Road to the northwest line of Highway 151, thence Northeasterly and North along the West line of Highway 151 to the point of beginning, and All of Bailey's First Addition to the City of Fairfax., Linn County,Iowa. Said parcel contains approximately 163 acres. DORSEY&NN'HITNEY LLP,ATTORNEYS,DE'S MOINES,IOWA 1 airfax/419915-WUR set Hrg Date Amend Aria STATE OF IOWA COUNTY OF LINN SS: CITY OF FAMFAX I, the undersigned, City Clerk of the aforementioned City do hereby certify that pursuant to the resolution of its Council fixing a date of public hearing on the question of designating the expanded Fairfax Urban Renewal Area for the City and on a proposed urban renewalplan amendment, the notice, of which the printed slip attached to the publisher's affidavit hereto attached is a true and complete copy, was published on the date and in the newspaper specified in such affidavit, which newspaper has a general circulation in the City, and copies were sent to the county, school district and community college. SS my hand and the seal of the aforementioned City hereto affixed this day of , X406. City Clerl�. (Seal) i (Attach here publisher's affidavit of publication of notice.) (PLEASE NOTE: This certificate must not be dated until the publication has been made and you have reviewed it to be sure that the notice was published on the date indicated in the attached affidavit.) -9- DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA STATE OF IOWA Counties of Linn and Johnson ss. NOTICE'0011 i1C HEARING' ON•pESIGNATiON8F.E°Jt;� LADED FAIRFAX URBANE RENEW AREA ENEAND A 0°W°AEE-mL ' = I, Joe Hladky, do state that I am the publisher of RENEWAL LAig A tiatice 15iieraby GiYen Thaf at 7OU a ejack THE GAZETTE, a daily newspaper of general pm at tht Fairfax{tit F3alIFiax;"'Iowa, € on the 11th day a�July� 2005 there_will'be conducted a rodbhc hearing miJ tyle quesfi.on of circulation in Linn and Johnson Counties, in Iowa. dewanatin9 ap expanded.E<ap-{ax urban;Re - newel Area pur-,.end Td-4 log hie {ode of The notice, a printed copy of which is attached,was ta^wa'-1sY adding"a`nd�nC ding th!' property araprY deac�ibed ast�Os , inserted and published in THE GAZETTE r=e Sl teat as folr}y tn�Y�e of Ilavra sttgra�#ed as follows ' If Amroxllnatety77acres'u rVal property newspaper In the issue(s) of June 28, 2006. situated pmmedfatefy northq of Cemetery Road,'soulb of W€I1Eams boulevard;east'of Fair%% He19hts.,5ubdivts�orr and west of IPra m ly eqvkn'Estates ST le list n, more The reasonable fee for publishing said notice is Subdlcommonty known-as Pr`air�e-Mist ,lelahf airle View Esta�e5ufidlvtslan F'ar}k.;' $32.59 GneanB,Pari Txa.agd ees}ain.praper#y1Y ling knimedlatelv'tu:.lts west artd b0andetl ori the north 6v..Willian5 SoFrlev-rd(thisprop- erfy is being added.to eiarlty.3he'legal de- scirtplfon of property addgdr fo the t7rhan Renertai-Area prt erHt Ia} �Certain ProPerf,Yih lha souttfern P6f'ifan Of the CRY Of F6 rfax:3ncRiding Prdperty a?Walis.J�rg'atop rantt:riorlli:of5oufhview_ Rand,east of HiahwaY f31,south of Chyrch endLlan Stregts apd wesl.Df FalrfaX't' d- and - ..a Q A P0Hibn biihei+9ht pT svaY of Railroad Streetand Fatr#akA6ad.,tiBnd 5)PropartY'icno it as..8afey3)'ira Adjl lion tYftig south-;Of Sout grew Road and nmrtl?.�tHj9hwaghwgy 131This instrument was acknowledged by Joe Hladky . � 7 end_ : c Q Certain bare farm 9rnuntJ�y�g southern portion in;:fhe'. before me on Julie 28 2006. 'Rf the Cfty and sitLated , ; limmedlately east':pf FFairfaX Road and.7m medGateiY nortF�pf the GRf1NE7lC Ra€jroad line. •:f;.'. (The property to ba lnlladed is ttior�pa utarl'y described'and-s Pik}h the`tirban Renewal'Plan Amtnendmen!jn ftie fn the of- , lice of the City Clerk} =s ct The subject matter`gf the public hearing will atso Include a proposgd amendment iii y#te-wr- Notary Public in and for the State Iowa ban ireneyral plari�fof'.lhd: 'atrkX.Urban Re- newal Area covering-the"area ldentifled above, pursuant td Chapter ff3'0"er taVva'a`ebpY Of wh€cit.amandttlent Is un_11de_fiC Rtlbl€t.,In- specilan'In the oftice'uf the'C€ty Ctefk;; iT FToposed attiejidment lri,3he,urban re- neWatd pltp brings?tie prt+perfy tlescrilied above auht1eT 1rie�+ian.and makes tt�agiacf:to the Iprovcsidns ptli ,Plan e°plan wlib also facdflate the ac4uis€Lam of eealh{eel proper Y lin the�trbaq rerl9yvaT arte, ` Ai kt.heaf ng:dny tnteresi�e 1persori tray' file wn�Cteq oblect�ons ar corr� eht~r and may- be tuaarft nta€tY witri j esPec9 io rhe-,syblect matters of the hearing a% 4,s�, 1Atmlt ,�t5F1 ,R�b KYR06 �.� KGQN K TOH9S7 rrMY coMMISSION E%PIRM FaHax1419915-9/UR Set Hrg Date Amend,area STATE OF IOWA COUNTY OF LIMN SS: CITY OF FAIRFAX I, the undersigned, City Clerk of the aforementioned City, do hereby certify that as such I have in my possession or have access to the complete corporate records of the City and of its officers; and that I have carefully compared the transcript hereto attached with the aforesaid records and that the attached is a true, correct and complete copy of the corporate records relating to the action taken by the Council preliminary to and in connection with setting a date for public hearing on the question of designating the expanded Fairfax Urban Renewal Area for the City and on an urban renewal plan amendment. SS my hand and the seal of the aforementioned City hereto affixed this 0day of , 2006. City Clerk (Seal) -10- DORSEY&WIIITNEY LLP,ATTORNEYS,DES MOINES,IOWA AGREEMENT TO INCLUDL AGRICULTURAL LAND IN THE FAIRFAX URBAN RENEWAL AREA(2006 ADDITION) WHEREAS, the City Council of the City of Fairfax(the"City") has proposed an amendment to the Urban Renewal Plan for the Fairfax Urban Renewal Area(the"Urban Renewal Area"),pursuant to Chapter 443 of the Code of Iowa in order to undertake activities authorized by that Chapter,including but not limited to the use of tax increment financing as provided in Section 403.19 of'the Code of Iowa; and WHEREAS, it has been proposed that the Urban Renewal Area be amended to include certain property which is described on Exhibit A(the"Property"); and WHEREAS, a portion of the Property is owned by Interstate Power&Light Company (the "Undersigned"); and WHEREAS, Section 403.17 of the Code of Iowa provides that no property may be included in an urban renewal area which meets the definition in that Section of"agricultural land,"unless the owners of such property agree to include such property in such urban renewal area; and WHEREAS,it has been determined that the Property owned by the Undersigned meets the definition of"agricultural land"in Section 403.17(3) of the Code of Iowa; NOW, THEREFORE, it is hereby certified and agreed by the Undersigned as follows: I. The Undersigned hereby certifies that it is the owner of a portion of the Property described on Exhibit A hereto.,. 2. The Undersigned hereby agrees that the City Council of the City of Fairfax may include all portions of the Property owned by the Undersigned in the Urban Renewal Area. DATED this 22d day of _ ,2006. INTERSTATE POWER&LIGHT COMPANY By: Title: �� t., T EjIMIT A LEGAL DESCRIPTION OF THE PROPERTY A) All that part of the Northwest Quarter of the Northeast Quarter and the Southwest Quarter o said Northeast Quarter of Section 10,Township 82 North,Range 8 West of the 5th principal meridian except Auditor's Parcel No. 1269, as recorded in book 6058, Page 311 in the office of the Linn County Recorder. More commonly known as Prairie View Heights Subdivision;and Said parcel contains approximately 77 acres, subject to easements and restrictions of record, .and B) All of the property contained within the following legal description: Beginning at the point of intersection of the West right of way Iine of Highway 151 also known as Williams Boulevard, and the South line of Church Street extended,thence East along the South line of Church Street to the East line of Park Street, thence South along the East he of Park Street to the North line of Linn Street,thence East along the North line of Linn Street to the West line of Fairfax Road, thence north along the West line of Fairfax Road to the South line of Railroad Street, thence west along the south line of Railroad Street to the East line of Siepman Drive, thence North along the East line of Siepman Drive extended to the North line of Railroad Street, thence East along the North line of Railroad Street to the West line of Fairfax Road, thence north along the West line of Fairfax Road extended to the North line of the Union Pacific Railroad right of way, thence East along the North line of the Union Pacific Railroad right of way to the East line of Fairfax Road extended, thence South along the East line of Fairfax Road to a point 1310.33 feet North of the West 1/ corner of Section 15, T82N, R8W of the 5f P.M., City of Fairfax, Linn County,Iowa;thence East along a line parallel to the North lime of the SW i/a,NW 1/a, and the SE 1/a,NW 1/4a distance of 2203.83 feet,thence South along a line that deflects 88'12'23" to the right from the previous line, to the North line of Cedar Rapids and Iowa City Railroad right of way, thence West along the North line of the Cedar Rapids and Iowa City Railroad right of way to the east line of Fairfax Road,thence South along the East line ofFaiirfax Road to the centerline extended of Southview Road, thence West along the centerline of Southview Road to the northwest line of Highway 151,thence Northeasterly and North along the West line of Highway 151 to the point of beginning, and All of Bailey's First Addition to the City of Fairfax, Linn. County, Iowa. Said parcel contains approximately 163 acres.. 4942-5248-09712 6113200611;41 AM AGREEl'4NT TO INCLUDE AGRICULTURAL LAND IN THE FAIR AX URBAN RENEWAL AREA (2006 ADDITION) WHEREAS,the City Council of the City of Fairfax(rhe"City")has proposed an amendment to the Urban Renewal Plan for the Fairfax Urban.Renewal Area(the"Urban Renewal Areal%pursuant to Chapter 403 of the Code of Iowa in order to undertake activities authorized by that Chapter,including but not limited to the use of tax increment financing as provided in Section 403.19 of'the Code of Iowa; and WHEREAS, it has been proposed that the Urban Renewal Area be amended to include certain property which is described on Exhibit A(the "Property"); and WHEREAS, a portion of the Property is owned by Sevig Development, LC (the "Undersigned"); and WHEREAS, Section 403.17 of the Code of Iowa provides that no property may be included in an urban renewal area which meets the definition in that Section of"agricultural land,"unless the owners of such property agree to include such property in such urban renewal ,area; and WHEREAS, it has been determined that the Property owned by the Undersigned meets the definition of"agricultural land"in Section 403.17(3) of the Code of Iowa; NOW,THEREFORE, it is hereby certified and agreed by the Undersigned as follows: I. The Undersigned hereby certifies that it is the owner of a portion of the Property described on Exhibit A hereto... . The Undersigned hereby agrees that the City Council of the City of Fairfax may include all portions of the Property owned by the Undersigned in the Urban Renewal Area. DATED this /S day of ,2006. 67 SEVIG DEVELOPMENT,LC Ey: Title: t 6_4 �� EXHIBIT A LEGAL DESCRIPTION OF THE.PROPERTY A) All that part of the Northwest Quarter of the Northeast Quarter and the Southwest Quarter of said Northeast Quarter of Section 10, Township 82 North, Range 8 West of the 5th principal meridian except Auditor's Parcel No. 1269, as recorded in book 6058, Page 311 in the office of the Linn County Recorder. More commonly known as Prairie View Heigbts Subdivision;and Said parcel contains approximately 77 acres, subject to easements and restrictions of record; and B) All of the property contained within the following legal description: Beginning at the point.of intersection of the West right of way line of Highway 151 also known as Williams Boulevard, and the South line of Church Street extended,thence East along the South line of Church Street to the East line of Park Street, thence South along the East line of Park Street to the North line of Linn Street,thence East along the North line of Linn. Street to the West line of Fairfax Road, thence north along the West line of Fairfax Road to the South Eine of Railroad Street, thence west along the south line of Railroad Street to the East line of Siepman Drive, thence North along the East line of Siepman Drive extended to the North line of Railroad Street, thence East along the North line of Railroad Street to the West line of Fairfax. Road, thence north along the West line of Fairfax Road extended to the North line of the Union Pacific Railroad right of way, thence East along the North line of the Union Pacific Railroad right of way to the East line of Fairfax Road extended, thence South along the East line of Fairfax Road to a point 1310.33 feet North of the West 1/4 corner of Section 15, T82N, R8W of the 5`f' P.M., City of Fairfax,Linn County,Iowa; thence East along a line parallel to the North line of the 'SW '/4,NW %4, and the SE f/a,NW V4 a distance of 2203.83 feet,thence South along a line that deflects 88'12'23" to the right from the previous Iine, to the North line of Cedar Rapids and Iowa City Railroad right of way, thence West along the North line of the Cedar Rapids and Iowa. City Railroad right of way to the east line of Fairfax Road,thence South along the East line of Fairfax Road to the centerline extended of Southview Road, thence West along the centerline of Southview Road to the northwest line of Highway 151, thence Northeasterly and North along the West line of Highway 151 to the point of beginning, and All of Bailey's Fi=st Addition to the City of Fairfax, Linn County, Iowa. Said parcel contains approximately 163 acres. 48'47-6579-737712 6/13/.2006 11:24 AM AGREEMENT TO INCLUDE AGRICULTURAL LAND IN THE FAIRFAX URBAN RENEWAL AREA(2006 ADDITION) WHEREAS,the City Council of the City of Fairfax (the"City") has proposed an amendment to the Urban Renewal Plan for the Fairfax Urban Renewal Area(the "Urban Renewal Area"),pursuant to Chapter 403 of the Code of Iowa in order to undertake activities authorized by that Chapter, including but not limited to the use of tax increment financing as provided in Section 403.19 of the Code of Iowa; and WHEREAS, it has been proposed that the Urban Renewal Area be amended to include certain property which is described on Exhibit A(the"Property"); and - WHEREAS, a portion of the Property isiowned by Murphy Estate,.LLC (the "Undersigned"); and WHEREAS, Section 403.17 of the Code of Iowa provides that no property may be included in an urban renewal area which meets the definition in that Section of"agricultural land,"unless the owners of such property agree to include such property in such urban renewal area; and WHEREAS, it has been determined that the Property owned by the Undersigned meets the definition of"agricultural land"in Section 403.17(3) of the Code of Iowa; NOW, THEREFORE,it is hereby certified and agreed by the Undersigned as follows: 1. The Undersigned hereby certifies that it is the owner of a portion of the Property described on Exhibit A hereto. 2. The Undersigned hereby agrees that the City Council of the City of Fairfax may include all portions of the Property owned by the Undersigned in the Urban Renewal Area. DATED this /4,A day of ��� , 2006. MURPHY ESTATE, LLC By: Title: � y-- c B'y: . " Title: �. By: Title: - EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY A) All that part of the Northwest Quarter of the Northeast Quarter and the Southwest Quarter of'said Northeast Quarter of Section 10,Township 82 North, Range 8 West of the 5th principal meridian except Auditor's Parcel No. 1269, as recorded in book 6058, Page 311 in the office of the Linn. County Recorder. More commonly known as Prairie View Heights Subdivision; and Said parcel contains approximately 77 acres, subject to easements and restrictions of record;,.and -- B) All of the property contained within the following legal description: Beginning at the point of intersection of the West right of way line of Highway 1.51 also known as Williams Boulevard, and the South line of Church Street extended,thence East along the South Iine of Church Street to the East line of Park Street, thence South along the East line of Park Street to the North line of Linn Street,thence East along the North line of Linn Street to the West line of Fairfax Road, thence north along the West line of Fairfax Road to the South line of Railroad Street, thence west along the south line of Railroad Street to the East line of Siepman Drive,thence North along the East line of Siepman Drive extended to the North line of Railroad Street, thence East along the North line of Railroad Street to the West line of Fairfax Road, thence north along the West line of Fairfax Road extended to the North line of the Union Pacific Railroad right of way, thence East along the North line of the Union Pacific Railroad right of way to the East line of Fairfax Road extended,thence South along the East line of Fairfax Road to a point 1310.33 feet North of the West '/4 corner of Section 15, T82N, R8W of the 5' 'P.M., City of Fairfax,Linn County,Iowa;thence East along a line parallel to the North line of the SW %4,NW'/,and the SE `/4,NW l a distance of 2203.83 feet,thence South along a Iine that deflects 88012'23" to the right from the previous line, to the North line of Cedar Rapids and Iowa City Railroad right of way, thence West along the North line of the Cedar Rapids and Iowa City Railroad right of way to the east line of Fairfax Road,thence South along the East line of Fairfax Road to the centerline extended of Southview Road, thence West along the centerline of Southview Road to the northwest line of Highway 151,thence Northeasterly and North along the West line of Highway IS I to the point of beginning,and All of Bailey's First Addition to the City of Fairfax, Linin. County, Iowa. Said parcel contains approximately 163 acres. 4845-8124-800112 6/132006 1125 AM AGREEMENT TO INCLUDE AGRICULTURAL LAND IN THE FAIRFAX URBAN RENEWAL AREA(2006 ADDITION) WHEREAS,the City Council of the City of Fairfax (the"City") has proposed an amendment to the Urban Renewal Plan for the Fairfax Urban.Renewal Area(the "Urban Renewal Area"),pursuant to Chapter 403 of the Code of Iowa in order to undertake activities authorized by that Chapter,including but not limited to the use of tax increment financing as provided in Section 403.19 of the Code of Iowa; and WHEREAS, it has beenproposed that the Urban Renewal Area be amended to include certain property which is described on Exhibit A(the "Property"); and WHEREAS, a portion of the Property is owned by Dan Bushman (the "Undersigned'''); and WHEREAS, Section 403.17 of the Code of Iowa provides that no property may be included in an urban renewal area which meets the definition in that Section of"agricultural land,"unless the owners of such property agree to include such property in such urban renewal area; and WHEREAS, it has been determined that the Property owned by the Undersigned meets the definition of"agricultural land"in Section 403.17(3) of the Code of Iowa; NOW, THEREFORE, it is hereby certified and agreed by the Undersigned as follows: 1. The Undersigned hereby certifies that he/she is the owner of a portion of the Property described on Exhibit A hereto. 2. The Undersigned hereby agrees that the City Council of the City of Fairfax may include all portions of the Property owned by the Undersigned in the Urban Renewal Area. DATED this da f , 2006. AN BUtRkAN EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY A) All that part of the Northwest Quarter of the Northeast Quarter and the Southwest Quarter of said Northeast Quarter of Section 10, Township 82 North, Range 8 West of the 5th principal meridian except Auditor's Parcel No. 1269, as recorded in book 6058, Page 311 in the office of the Linn County Recorder. More commonly known as Prairie View Heights Subdivision, and Said parcel contains approximately 77 acres, subject to easements and restrictions of record, and B) All of the property contained within the following legal description: Beginning at the point of intersection of the West right of way line of Highway 151 also known as Williams Boulevard, and the South line of Church Street extended,thence East along the South line of Church Street to the East line of Park Street, thence South along the East line of Park Street to the North line of Linn Street, thence East along the North Iine of Linn Street to the West line of Fairfax Road, thence north along the West line of Fairfax Road to the South Eine of Railroad Street, thence west along the south line of Railroad Street to the East Line of Sieprnan Drive,thence North along the East line of Siepman Drive extended to the North line of Railroad Street, thence East along the North line of Railroad Street to the West line of Fairfax Road, thence north along the West line of Fairfax Road extended to the North line of the Union Pacific Railroad right of way, thence East along the North line of the Union Pacific Railroad right of way to the East line of Fairfax Road extended, thence South along the East line of Fairfax Road to a point 1310.33 feet North of the West 1/4 corner of Section 15, T82N, R8W of the 51, P.M., City of Fairfax, Linn County, Iowa; thence East along a line parallel to the North line of the SW 1/4,NW 1/4, and the SE 1/a,NW 1/a a distance of 2203.83 feet;, thence South along a line that deflects 88°12'23" to the right from the previous line, to the North line of Cedar Rapids and Iowa City Railroad right of way, thence West along the North line of the Cedar Rapids and Iowa. City Railroad right of way to the east line of Fairfax Road, thence South along the East line of Fairfax Road to the centerline extended of Southview Road, thence West along the centerline of Southview Road to the northwest line of Highway 151, thence Northeasterly and North along the West line of Highway 151 to the point of beginning, and All of Bailey's First Addition to the City of Fairfax, Linn County, Iowa. Said parcel contains approximately 163 acres.. 48361-5850-112112 6/13/2006 11:26 AM City o Jair ax PO 12m.33 7 319-846-2204 talr�az,. .452228-0337 �air�ax�a7�ouk`le .raa DATE: June 15, 2006 TO: Board of Supervisors, Linn County Superintendent, College Community School District President..,Kirkwood Community College FROM: City Council City of Fairfax, Iowa RE: Fairfax Urban Renewal Area Amendment The City of Fairfax is in the process of expanding an urban renewal area, and,. pursuant to Section 403.5 of the Code of Iowa, the City is sending you the enclosed copy of its urban renewal plan amendment and scheduling a meeting at which you. will have the opportunity to discuss this amendment. The meeting to discuss our urban renewal plan amendment has been set for Wednesday, June 21, 2006, at 4:00 o'clock p.m. at the Fairfax City Hall, 525 Vanderbilt St., in Fairfax. If you are unable to send a representative to the meeting, we invite your written comments. In addition, Section 403.5 gives your designated representative the right to make written recommendations concerning the urban renewal plan amendment no later than seven days following the date of the meeting. The City will also hold a public hearing on this urban renewal plan amendment at 7:00 o'clock p.m. on July 11, 2006, and a copy of the notice of hearing is enclosed for your information. Please call our City Clerk at (319) 846-2204, if you have questions. Enclosures FAIRFAX URBAN RENEWAL AREA.AMENDMENT CONSULTATION SESSION JUNE 21, 2006 AT 4:00 PM On June 15, 2006, letters were sent to the Linn County Board of Supervisors, the Superintendent of College Community School District and the President of Kirkwood Community College. The purpose of the letter was to inform them of a consultation session that was going to be held on June 21, 2006, at 4:00 PM at Fairfax City Hall, Fairfax, Iowa, in which they would have the opportunity to discuss the proposed amendment to the Fairfax Urban Renewal Area Amendment. Those in attendance were Bill Voss, Mayor, City of Fairfax, Dick Ranson, Hall & Hall Engineers, Inc. and Nancy Flickinger, Finance Administrator. As of June 30, 2006, there have been no written recommendations or objections filed with the City Clerk concerning the amendment from the aforementioned entities. Nancy Flickinger Finance City of Fairfax coApdENDATIONo. RECO DATION APPROVING URBAN RENEWAL PLAN AMENDN'XNT TO THE FAIRFAX URBAN RENEWAL AREA-2006 ADDITION WHEREAS, The City Council of the City of Fairfax has proposed an amendment to the Urban Renewal Plan for the Fairfax Urban Renewal Area; and WHEREAS, The inban renewal plan for the Fairfax Urban Renewal Area (the "Area's is being amended fair three purposes. First, the Area is being an coded to clarify the legal description of property added to the Area by an urban renewal plan amendment in 2001 (the "2001 Amendmenf" . Second, the Area is being amended to increase the size of the Area by adding ceresin real property thereto. Third, the area is being amended to auffiorize the acquisition of certain properties, using tax increment f nancing, for the promotion of economic development in the Area. WHEREAS, The Fairfax Planning and Zoning Commission, Fairfax, Iowa has recommended approval of the Urban Renewal Plan Amendment to the Fairfax Urban Renewal Area-2006 Addition. NOW, THEREFORE, BE IT RESOLVED, By the Fairfax Planning and Zoning; Commission of the City of Fairfax., Iowa, that said Urban Renewal Plan Amendment to the Fairfax Urban Renewal Area - 2006 Addition be and the same is hereby acknowledged and approved on the part of the Fairfax Playing and Zoning Commission, and this Commission hereby recommends to the Fairfax City Council the acceptance of the same, and the chairman is hereby authorized and directed to certify this recommendation of approval and affix the same to said amendment as provided'by law. Passed and approved this-,27_day of 2006. Chairman ATTEST: Connie Frame, City es EXHIBIT A- SECTION C LEGAL DESCRIPTION All of the property contained within the following legal description: Beginning at the point of intersection of the West right of way line of Highway 151 also known as Williams Boulevard, and the South line of Church Street extended, thence East. along the South line of Church Street to the East line of Park Street, thence South along the East line of Park Street to the North line of Linn Street, thence East along the North line of Linn Street to the West line of Fairfax. Road, thence north along the West line of Fairfax Road to the South line of Railroad Street, thence west along the south line of Railroad Street to the East line of Siepman Drive, thence North along the East line of Siepman Drive extended to the North line of Railroad Street, thence East along the North line of Railroad Street to the West line of Fairfax Road, thence north along the West line of Fairfax Road extended to the North line of the Union Pacific Railroad right of way, thence East along the North line of the Union Pacific Railroad right of way to the East line of Fairfax Road extended, thence South along the East line of Fairfax Road to a point 1310.33 feet North of the West V4 corner of Section 15, 782N, R8W of the 5th P.M., City of Fairfax, Linn County, Iowa; thence East along a line parallel to the North line of the SW 1/4, NW '/4, and the SE '4,NW '/4 a distance of 2203.83 feet,thence South along a line that deflects 88°12'23" to the right from the previous line, to the North line of Cedar Rapids and Iowa City Railroad right of way, thence West along the North line of the Cedar Rapids and Iowa City Railroad right of way to the east line of Fairfax Road, thence South along the East line of Fairfax Road to the centerline extended of Southview Road, thence West along the centerline of Southview Road to the northwest line of Highway 151, thence Northeasterly and North along the West line of Highway 151 to the point of beginning and All of Bailey's First Addition to the City of Fairfax, Linn County, Iowa. Said parcel contains approximately 163 acres. ¢ " ®^ Rji tl.14CGwd XY 3 3O A.LiM DN!SM33NIDN371VH 8 GRr",�,7, d y n k � bV,1 6 a �•� �f� 4 c �� ���t�� �,�r�; � � "; E E a o�,��S z u r.�Q \� --i I /� f�• t�kt 4\�,x�\ �(� I +- ��I� e�Z�V4�;oo p NIS 'C y v-a you E oar �Ar I � T .�� I ! � '`�s�•�'""^''Oe- �5 � � At \ �E e�.^ I I y s �3 �r�.z SPLit §6uX s� y'WI I I I I Ill \ ir.`ttt" I Z. .77 114 ❑ $¢ ;e' �\�\ �� •I��L(- t_ �'� —I— ' v°�"�\�. \ ,�` � .j I t�� I oS n'RY�sy °a I i vti. —?•C I��s--�I_ FI ol_G'_�f_� 1 q§ } \ i\ �ik} ��\\ I *�" i a --h—C-t- -•e5' c�� I —ir•7 L�J � —p° 15 rr u"f I I L- 4+-4 CE ] T rr µik+ � . •7 F }=1—'II'4 LI"J1i`L.1.1II I I—. y..J PC :.E • 'iS71�;�k� � „Lv_�,pp„„x,� '��`,'` ' 3 i I i �ss��aoJ�maa m a 4 F.r ,.m.., ;k8 ,gin �1 ',iI t� ^. Tr1 Avr ' I c yI i p� r Sea.aocOp p �— —J �•\ k7, EXHIBIT A- SECTION A. LEGAL DESCRIPTION (This property is being added to clarify the legal description of property added to the urban renewal area in 2001) All that part of the Southeast quarter of the Southeast quarter of Section 3, Township 82 North, Range 8 West of the 5th Principal Meridian„ Linn County, Iowa, lying Southeasterly of the Southeasterly right-of-way of U.S. Highway No. 151 and lying South of the South right-of=-way of Beverly Road.; and All of the Northeast quarter of the Northeast quarter of Section 10, Township 82 North, Range 8 West of the 5th Principal Meridian, Linn County, Iowa. More commonly known as Prairie View Estates Subdivision Part-One and Part-two; and All that part of the Southwest quarter of said Southeast quarter of Section 3, Township 8'2 North, Range 8 West of the 5th Principal Meridian, Linn County, Iowa, lying Southeasterly of the Southeasterly right-of-way of U.S.Highway No. 151. Said parcel contains approximately 84.3 acres. iY NEI'4-SEI/4 SEORON 3-T82N-RSW� N CEi7AIN IRAPIDS BEVERLY RDAD CORP C RPS.. eH wAY '✓zlsY LfNaDx,„� ��y- '�. �. � � S�NE'DF NS]iii[:FtR'A'YPlbl -�R' �,•;" �- \ .PrS y -•^/ . nk. 44Ai:M1 rslRlrf4L[WRSiM1N1�Y d4E:a / 16� it i,. CL --•..— _ U > I HILLCREST RDAD'. —7 F— Ex)MIBIT A-SECTION A _ LEGAL DESCRIPTION (This property fs being added to mlorify the legal deearlpilamu of pvaperty added to the urban renewal ore. In 2001) c All that par[of theSoutheast quarter of the Swlheasl gamrfter of Ssatkoa 3, Township R2 North,Range 5 Weal of lhe'. e 5th Prtnaipol Meridian, Linn Caun ly, taxa,lying Sao lheos'teaNp of dne Southeasterly right-of-way of U,S.Highway No. 1.51 and lying South of the South right-of-way of Beverly Road, and z AN of the Norkheost quarter of the Northeast quarter of S'e.tiom ID, township 82 North.Range a west of the 5th Pria.Npial Merldlon,Unn County,Iowa. Mase commonly known as Pruirle Vl.w Estates 9uodiviaian Pairt-Dne and Port-Two; and i All that part of the Southwest quarter of sold 5outhaas&quaslov at Seakion 3, Township 82 North,Range 8 West of the i 6th Principal Meridian, Linn County,low., lying Saulheostedy of the Soulheostedy right-ol-way of U.S,Highwey No, 151.. j Saeid para,]con Loinsappr frh.t.ly 54.3.urea. n i ,1 p a� o meet title: -o e E A HALL A HALL ETIGINr;F;PZ��INNGC �.:+� s a SP.MON.A :K. HiQer�,se,mes®®a°•a' i CITY OF F. IIZFAX °" at "" "43W, LWN I Cytih;TY,JDWA ae.igaed br LAY D—eR DLN4' aneai,.ed hy:RCR u EXHIBIT A- SECTION B LEGAL DESCRIPTION All that part of the Northwest Quarter of the Northeast Quarter and the ,Southwest Quarter of said Northeast Quarter of Section 10, Township 82 North, Range 8 West of the 5th principal meridian except Auditor's Parcel No. 1269, as recorded in book 6058, Page 311 in the office of the Linn County Recorder. More commonly known as Prairie View Heights Subdivision. Said parcel contains approximately 77 acres, subject to easements and restrictions of record. „ VStl]hy4yC,l�T'"i�S:,fiC3u1i�0t7 Y�SN�TTy d ^# tl ��esYiC aa4 A Y.BY�U K.3 A•O li.Ll� ;Y �tia�u 'mwwuworl IF ', '�HP'SH33'41ON3 114'H'B gig1 / L e'"" is I r .4 ,.• � ,gin 44� f I! II � �' � i�_ }�--,a t”'-L�c. �t\ti m "a�".r,�_�,a'�ii"a,�.`�f.,,>'-tit-� i' t• S� I � I ��"' '94 .\ tg �l�• � �3" �"' �a' t I n 7 �, �� �r is Er+,y� �----._\�� ? rr,`�� i E 9 vis k ! I I R `I7L � e. :}�'w"rr"� ��;Yd{1�ti� T yF�'- �✓(,'.. I iA� ��r '�7' f j� u�'�� - � t �,,s },","�.'� �'�..�r,1� � A� •r� ��'.--cif , x �n .� .'. � �0 � #� � "a t`' 1 i� ���y"' ��� � r i-ri 4 n�.'')� �w.:ff�'��1,yy�s �,•�: �s 7r•y �5 ' I L•J 04 P1 I � I