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09-11-2007 Council Meeting
CITY OF FAIRFAX REGULAR COUNCIL MEETING SEPTEMBER 11,2007 The regular council meeting of the Fairfax City Council was held Tuesday, September 11, 2007, at Fairfax City Hall at 7:00 PM. Mayor Bill Voss presided. Council members present: Beer, Frieden, Magers, Wainwright. Absent: Scott. Others present: Larry Burger, Maggie Burger, Russ Gunderson, Ed & Joyce Handley, Deanna Heintz, Tom Hill, Enri Ostrenga, Ken Selzer, Dick Ransom,Ron Dusil,Nancy Flickinger, Dave Yanecek. Magers moved to approve the agenda and the Clerk's Financial Reports, seconded by Frieden. Roll call vote: Ayes: Beer, Frieden, Magers, Wainwright. Nays: None. Absent: Scott.Motion carried. Beer moved to approve and place on file the minutes of the regular meeting dated August 14, 2007 and of the special meeting dated August 30, 2007, seconded by Frieden. Roll call vote: Ayes: Beer, Frieden,Magers, Wainwright.Nays: None.. Absent: Scott. Motion carried. Beer moved to accept and place on file the minutes of the special meeting of the Planning, & Zoning Commission dated Wednesday, August 22, 2007, seconded by Magers. Roll call vote: Ayes: Beer,Frieden, Magers, Wainwright. Nays: None, Absent: Scott. Motion carried. Terry Imes, Alliant Energy, presented a $3,000 check to the City for the Branching Out Grant. The Sheriffs report was given by Deputy Jim Uher and the Call for Service Log was submitted and discussed. Larry and Maggie Burger, 'Speer Financial, led a discussion on Debt Obligation Reports. Discussion was held on the street lights on E. Southview Road. The Council will look into this and discuss it further at a future meeting. Discussion was held on.Mayor salary and Council pay. Ordinance changes will be made at the October regular meeting, Discussion was held on the project notification from the 1DO'T. Magers introduced the following Resolution and moved its adoption, seconded by Frieden.. Roll call vote: Ayes: Beer, Frieden, Magers, Wainwright, Nays: None. Absent: Scott. Motion carried. Whereupon the Mayor declared the following duly adopted: Resolution No. 2007-54 entitled, "A RESOLUTION TO ISSUE PARTIAL PAYMENT #4 TO RICKLEFS EXCAVATING, LTD FOR THE 2006 SANITARY SEWER SYSTEM IMPROVEMENTS."Passed and approved this 11`x'day of September, 2007. Magers introduced the following Resolution and moved its adoption, seconded by Beer. Roll call vote: Ayes: Beer, Frieden, Magers, Wainwright. Nays: None. Absent: Scott. Motion carried. Whereupon the Mayor declared the following duly adopted: Resolution No. 2007-55 entitled, "A RESOLUTION ADOPTING THE CITY OF FAIRFAX RULES AND REGULATIONS FOR PUBLIC HEARINGS." Passed and approved this 11th day of September, 2007. Magers introduced Ordinance No. 70,AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF FAIRFAX, IOWA, 2007, BY AMENDING PROVISIONS PERTAINING TO STOP REQUIRED. Frieden moved that the rule requiring that an ordinance be considered and voted on for passage at two council meetings prior to this meeting be suspended with respect to Ordinance No. 70, seconded by Beer. Roll call vote: Ayes: Beer, Frieden, Magers, Wainwright. Nays:None. Absent: Scott. Motion carried. Frieden moved that Ordinance No. 70, AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF FAIRFAX, IOWA, 2007, BY AMENDING PROVISIONS PERTAINING TO STOP REQUIRED, be considered for the third time, placed upon its passage and adopted, seconded by Beer. Roll call vote: Ayes: Beer, Frieden, Magers, Wainwright.Nays: None. Absent: Scott. Motion carried. Ordinance No. 70 is declared to have been adopted. Wainwright introduced Ordinance No. 71, AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF FAIRFAX, IOWA, 2007, BY AMENDING SECTION 92.05 PERTAINING TO DISCONTINUED WATER SERVICE DUE TO DELINQUENT PAYMENT. Beer moved that the rule requiring that an ordinance be considered and voted on for passage at two council meetings prior to this meeting be suspended with respect to Ordinance No. 71, seconded by Wainwright. Roll call vote: Ayes: Beer, Frieden, Magers, Wainwright.Nays: None.Absent: Scott. Motion carried. Magers moved to dismiss Ordinance No. 71, AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF FAIRFAX, IOWA, 2007, BY AMENDING SECTION 92.05 PERTAINING TO DISCONTINUED WATER SERVICE DUE TO DELINQUENT PAYMENT. Frieden moved to approve the claims list dated September 11, 2007, seconded by Beer. Roll call vote: Ayes: Beer, Frieden, Magers, Wainwright, Nays: None. Absent: Scott. Motion carried. Other items of discussiondreports: Fire—It has been busy; with 4 months left in 2007, they are already almost at the total number of calls in 2006. Seven or eight members will be taking training to become first responders. Maintenance—Due to shoulder work done on Highway 151, they need to use the street sweeper to get rid of the gravel. Work will be done to curbs on Vanderbilt from Prairie Ave. to Front St. Weeds need to be taken care of along Prairie Creek; options will be discussed in the future. Parks — Will be getting bids now for trees to plant in the spring using the Branching Out Grant. An estimate is still needed for the walking, trail at the new park. Visioning—The North entrance sign will be delivered and a crane hired to set it. It will be done in a few weeks. Other — End Ostrenga, along with Ed and Joyce Handley, submitted letters to Council and discussed concerns over the air quality in their neighborhood due to an indoor wood burner used by a neighbor. Linn County Public Health has already been notified.The City will discuss further options with Linn County. Clerk discussed possibility of REAP grant to help with funding for walking or other trail. Mayor discussed needed road repairs and repairs to parking lots at the City parks. There being no further business before the Council, Mayor Voss adjourned the meeting at 8:51 PM. MAYOR: Bill Voss ATTEST: Vickie Kindl, City Clerk Disclaimer: The foregoing minutes arc not official until approved by Council AGENDA FAIRFAX CITY COUNCIL REGULAR MEETING TUESDAY,SEPTEMBER 11,2007 AT 7.00 PM FAIRFAX CITY HALL—525 VANDERBIL'T'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 Tuesday,August 14, 2007 Regular Meeting b. Minutes dated Thursday,August 30,2007—Special Meeting 4. Accept and place on file: a. Minutes date Wednesday,August 22, 2007—Planning&Zoning Special Meeting 5. Larry&Maggie Burger,Speer Financial—discuss Debt Obligation Reports 6. Discuss street lights on E. Southview Road 7. Discuss Mayor salary and Council pay 8. Discuss IDOTProject Notification 9. Consider Resolution approving Partial Pay Request No.4—Ricklef's Excavating 10. Consider Resolution adopting Rules and Regulations for Public Hearings 11. Proposed Ordinance No. 70 pertaining to Stop Required a. Consider introduction of Ordinance No. 70 b. Consider motion to suspend rule requiring that an ordinance be voted.on for passage at two council meetings prior to this meeting with respect to Ordinance No. 70 c. Consider motion for final passage and adoption with respect to Ordinance No. 70, AN ORDINANCE AMENDING THE CODE OF' ORDINANCES OF THE CITY OF FAIRFAX, IOWA, 2007, BY AMENDING PROVISIONS PERTAINING TO STOP REQUIRED 12. Proposed Ordinance No.71 pertaining to Water Reconnect Fee a. Consider introduction of Ordinance No. 71 K Consider motion to suspend rule requiring that an ordinance be voted on for passage. at two council meetings prior to this meeting with respect to Ordinance No. 71 c. Consider motion for final passage and adoption with respect to Ordinance No. 71,. AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF FAIRFAX, IOWA,2007, BY AMENDING SECTION 92.05 PERTAINING TO DISCONTINUED WATER SERVICE DUE TO DELINQUENT PAYMENT 13. Consider motion to approve the claims list dated September 1.1,2007 14. Reports a, Sheriff Department b. Library c, Fire Department d. Maintenance Department e. Parks Department £ Visioning Committee 15. Discussion a. Opportunity for citizen's not on agenda 16. Cleric Comments 17. Mayor Comments 18. Adjournment Check 27434 Moyer&Bergman, PLC Legal fees 2,390.50 Check 27412 Office Express Paper 198.80 Check 27401 ORKIN Exterminating 54.02 Cheek 27415 Paraclete Press, Inc, DVD 45,79 Check 27418 Penworthy Books 653,32 Check 27394 Port'O'Johnny Services 88.75 Check 27422 Post Master Box rent 70.00 Check 27316 RDJ Specialties Badge stickers 45.87 Check 27443 Sankot's Garage Maintenance&supplies 803.56 Check 27444 Sankot's Garage Solenoid 103.50 Check 27327 Sindt Implement,Inc. Finishing mower 3,40250 Check 27436 Sindt Implement, Inc. Bracket 27,99 Check 27420 Smart Apple Media Books 355..10 Check 27383 South Slope Telephone Phone 730.07 Check 27433 Staples Credit Plan Various suppiies/equipment 25690 Check 27391 Strategic Print Solutions, Inc. Copies 93.29 Check 27315 Swank Motion Pictures, Inc. Movie rental 221.00 Check 27421 Thomas Bouregy&Company Books 138.50 Check 27344 VS Postal Service Postage 410.00 Check 27313 USPO Bulk permt fee 175.00 Check 27300 Voss Welding Repairs Case Tractor 2,687.00 Check 27442 Wendling Quarries, Inc, Limefill 28.88 Total General Fund: 37,553.45 Road Use Tax Check 27379 Alliant Energy Electricity 909.13 Check 27461 Custom Hose and Supply Fuel pump parts 49.26 Checlk. ACH Elan Various items 474.36 Check 27411 Fauser Energy Resources Fuel 1,138,54 Check 27390 L.L. Pelling Co. Pre-mix 348,00 Check 27451 Linn County REC Electricity 2811.08 Check 27389 Mid-Land Equipment Parts 236.'51 Total Road Use Tax: 3,436,88 Water Check 27406 Advanced Water Technology„Inc. Chemicals 428.50 Check 27446 Advanced Water Technology,Inc. Chemicals 282.75 Check 27380 Alliant Energy Electricity 450.80 Check 27326 Daniel R.2amastil Wage 503.62 Check 27325 David Yanecek Wage 518'.86 Check 27336 David Yanecek Wage 51&85 Check 27349 David Yanecek Wage 6'7.76 Check 27354 David Yanecek Wage 523.68 Check 27455 David Yanecek Wage 52,3.70 Check 27409 Don's Lock&Key Keys/tags 5.28 Check ACH Elan Postage,water, gloves 58.98 Check 27331 Fairfax State Savings Bank Taxes 756.84 Check 27342 Fairfax State Savings Bank Taxes 591.30 Check 27364 Fairfax State Savings Bank Taxes 655.14 Check 27366 Fairfax State Savings Bank Taxes 77172 Check 27458 Fairfax State Savings Bank Taxes 60192 Check 27361 IPERS Taxes 1,662,54 Check 27407 Keystone Laboratories, Inc. Tests 33.50 Check 27449 Linn County REC Electricity 781:1 42 Check 27310 Menards-Cedar Rapids SO Bags 3.78 Check 27373 Michelle Demory Deposit refund 60.00 Check 27382 Mid American Energy Gas 26..00 Check 27374 Mike Trachta Over payment of premium 10.00 Check 27345 Nancy Flickinger Wage 2,3011.37 Check 27347 Nancy Flickinger Wage 156.37 Check 27388 Professional Plumbing Service Service call 255.95 Check 27330 Ronald G, Dusil Wage 597„33 Check 27334 Ronald G. Dusil Wage 597„32 Check 27348 Ronald G. Dusil Wage 1311„36 Check 27352 Ronald G. Dusil Wage 609„36 Check 27453 Ronald G. Dusli Wage 609„36 Check 27447 Schimberg Co. Pipe,gaskets 479„52 Check 27432 Staples Credit Plan Desktop Cal 29„97 Check 27402 US Cellular Phones 1311,,13 Check 27324 Victoria A. Kindl Wage 403,.31 Check 27335 Victoria A. Kindl Wage 492.61 Check 27353 Victoria A. Kindl Wage 492,63 Check 27454 Victoria A. Kind] Wage 492'.62 Check 27405 Waterworks C&I Pot perm&filters 115.92 Cheek 27318 Wellmark Insurance 1,148.02 Total Water: 18,885.09 Sewer Check 27377 Alliant Energy Electricity 2,5701.26 Check ACH Elan Shipping&ice 238.63 Check 27332 Fairfax State Savings Bank Taxes 204.16 Check 27343 Fairfax State Savings Bank Taxes 204.16 Check 27363 Fairfax State Savings Bank Taxes 235.40 Check 27459 Fairfax State Savings Bank Taxes 235.40 Check 27386 Grainger Hour meter 30190 Check 27375 Hall&Hall Engineers, Inc- Fees 343.00 Check 27362 IPERS Taxes 358.20 Check 27323 Jeffrey A.Ammeter Wage 513.84 Check 27333 Jeffrey A.Ammeter Wage 513.84 Check 27351 Jeffrey A,Ammeter Wage 561.60 Check 27452 Jeffrey A.Ammeter Wage 561.60 Check 27408 Keystone Laboratories,Inca Tests 375.10 Check 27450 Linn County REC Electricity 185,61 Check 27311 Menards-Cedar Rapids SO Various items 97.79 Check 27424 Menards-Cedar Rapids SO Various items 85,62 Check 27448 Menards-Cedar Rapids SO Rakes 7,90 Check 27387 Professional Plumbing Service Service call 75.00 Check 27403 US Cellular Phone 4039 Check 27428 USA Blue Book Chemicals&sign 5102 Check. 27317 Wellmark Insurance 237.12 Total Sewer; 7,728.54 Garbage Check 27404 Johnson County Refuse,Inc. Garbage service 5,772.00 Total Garbage: 5,772:00 LagoonNVVVTF Project Check 27427 G&H Electric, Inc. Labor/materials 742,22 Check 27372 Hall&Hall Engineers, Inc, Fees 1,238.50 Check 27312 Menards-Cedar Rapids SO Various items 173.61 Check 27425 Menards-Cedar Rapids SO Various items 37Z105 Check 27329 Moyer&Bergman, PLC Fees 1,323.2'.5 Check 27460 Ricklefs Excavating, LTD Pay Request#4 86,735.00 Cheek 27426 Welter Storage Equipment Co.,Inc. Desk 956.50 Total LagoonNVWTF Project: 91,541.13 Trust&Agency Check 27306 Brent Yirkovsky Deposit refund 601.00 Check 27302 Brian Schares Deposit refund 60,00 Check 27368 City of Fairfax Applied to bills 266,78 Check 27430 City of Fairfax Applied to bills 90.00 Check 27431 Diana Travis Deposit 90.00 Check 27371 Evah Turner&Shay Libe Deposit refund 5.5.33 Check 27303 Jason Rabe Deposit refund 60,00 Check 27308 Jason Reck Deposit refund 60.00 Check 27301 Jeff Robins Deposit refund 60,00 Check 27304 Jesse Michalec Deposit refund 60..00 Check 27369 Jessica May Deposit refund 62,50 Check 27305 Lee Schmitz Deposit refund 120,00 Check 27370 Lynda Chamberlain Deposit refund 35,39 Check 27307 Shawn Ray Deposit refund 120.00 Total Trust&Agency: 1,200.00 Total Checking Account: 166,117.09 2:15 PNI City of Fairfax 09/09107 Balance Sheet As of August 31, 2007 Aug 31, 07 ASSETS Current Assets Check!ng/Savings Fairfax Visioning 15,221.48 Money Market UiPIRR Fund 6,189.65 Certificates of Deposit General Fund 154,759.11 Sewer Fund45,109.61 Total Certificates of Deposit 199,868.72 Checking Account General Fund' 214,671.96 Special Revenue Road Use Tax 69,509.55 TIF Fund 97,445.31 Total Special' Revenue 166,954.86 Enterprise Fund Water 28,806.39 Sewer 33,848.17 Garbage 76,912.00 LagoonNVMF Project 57,364.53 SRF Bond Fund 40,806.22 Trust&Agency 15,042.00 Total Enterprise (Fund 252,779.31 Total Checking Account 634,406.13 Savings Accounts Arbor Team 1,084.57 FD Equipment Memorial Fund 2,866.00 Public Education 340.51 Regular Savings 5,239.55 Total FD Equipment 8,446.06 FD Fireworks 10,665.64 Library Gifts& Bequests Memorials 1,911.63 Library Gifts& Bequests -Other 15,148.44 Total Library Gifts & Bequests 17,060.07 Local Option 21001-02 Property Tax(Relief 12,139.53 Street Improvements 4,007.64 Total Local Option 2001-02 16,147.17 Local Option 2004-2005 Any Lawful Purpose 93.65 Sewer Improvements 60,264.35 Street Improvements 113,734.37 Total Local Option 2004-2005 174,092.37 Pagel 2:15 RM City of Fairfax 09/09107' Balance Sheet As of August 31, 2007 Aug 31, 07 Total Savings Accounts 227,495.88 Total Check!ng/Savliings 1,083,181.86 Total Current Assets 1,083,181.86 TOTAL ASSETS 1,083,181.86 LIABILITIES & EQUITY Equity 3000 • Opening Bal Equity 1,202,573.31 Net Income -119,391.45 Total Equity 1,083,181.86 TOTAL LIABILITIES& EQUITY 1,083,181.86 Page 2 12:36 PM Certificates of Deposit 09/09107 Balance Sheet Accrual Basis As of August 31, 2007 Aug 31, 07 ASSETS Current Assets Checking/Savings Manitenance Fund 2 60012454 6,000.00 Total Manitenance Fund 2 6,000.00 Nature Trail Project 60012463 25,000.00 Total Nature Trail Project 25,000.00 General Fund Maintenance Fund 60008316 6,279.18 Total Maintenance Fund 6,279.18 Library 10274 8,205.79 10679 7,626.72 Total Library 15,832.51 Park 10180 13,403,39 60010224 3,935.29 Total Park 17,338.68 Policy & Administration 60008575 2,503.43 10681 7,626.73 60011428 (9208) 22,688.49 60007237 6,372.51 Total Policy&Administration 39,191.16 Transportation 10680 7,626.73 60007228 8,556A8 60010233 28,934.37 Total Transportation 45,117.58 Total General (Fund 123,759.11 Sewer Fund' 60011277'(8940) 6,812.21 60009217 (6853) 38,297.40 Total Sewer Fund 45,109.61 Total Checking/Savings 199,868.72 Total Current Assets 199,868.72 TOTAL ASSETS 199,868.72 LIABILITIES & EQUITY'' Pagel 12:36 IPIM Certificates of Deposit 09/0911017 Balance Sheet Accrual Basis As of August 31, 2007 Aug 31, 07 Equity Opening Bal (Equity 191,403.74 Retained Earnings 7,459.65 Net Income 1,005.33 Total Equity 199,868.72 TOTAL LIABILITIES& EQUITY 199,868.72 Page 2 Receipts/Expenditures by Fund 31 August 07 AUGUST RECEIPTS General Fund 9„230,13 Road Use Tax 12,168,32 T A Meter Deposits 930.00 Water Fund 16,937.29 Sever Fund 15,831.84 Garbage Fund 7,009.63 Lagocn/WWTF Project 37,645.53 Band Retirement Fund 16,190.00 Certificates of Deposit 679.46 URRR 20.59 Fire (Dept Equip Fund 858.00 Total Revenue: 107,500.79 AUGUST EXPENSES General Fund 31,953.52 Road Use Tax 3„614.11 Water Fund 29„239.02 Serer Fund 8„654.85 Garbage Fund 5,911.75 T A-Meter Deposits 840.00 Lagoon/WV TF Project 68,778.68 Total Expenses: 1648,991.93 u - r w P6, � f A c� U F �+ x Ja 4 tom' CA ILO IV UD Ch En 4-4 v7 O knw ++ cu U ° cq a a QODca CO M r c� aaaa �D �a H U Q H w QIS7 � A 40. 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Billing of Penalties on A4custzm HO 0 (Date-Penaq Calculation) 3. Total Billed (Add lines 1 &2) j T 6S 5. 19 4. Adjustments to Balance (Adjustment Report) Sip 5. Net Receivables (Add/Subtract Lines 3, 4) 6. Less Payments Received (Deposits for month) oILH. 7. Current Utilities Receivables (Calculated) (Subtract line 6 from 5) . 8. Current Utilities Receivables (Delinquent Account) I, t- ! 9. Current Credit Balances ('Trial Balance) b.)33.90) 10. Current Utilities Receivable (Trial Balance) , a 11. Difference (Zero if balanced) 0.0 12. Balance due City as of 31 AWAAe-it am-1 LIS . (Supporting documents on ale Date Prepared t?9 AUCALAI 2M-] Date Approved 1 Prepared.By Approved By T7.3PASTRP Wed Aug 29, 2007 2;00 PM *** CITY OF FAIRFAX IA **' OPER; DTI PAGE 1 10,19.05 DELINQUENT ACCOUNT LISTING CYCLE ALL SERV CODE ALL ACCOUNT NO/CUS'T'OMER NAME LAST PMTAMOUNT ACTUAL AMT TIME CUSTOMER ADDRESS DATE PERIOD 1 PERIOD 2 PERIOD 3 PERIOD 4 DDE DUE %TM DELQ ------------------------------------------------------------------------------------------------------------------------------------ 5300 DAVID & LAURA LAMBRECHT 7/16/07 87.87 DO ,00 .00 87.87 ,00 1 5700 MATT STARSCEVICH 8/01107 87.81 DO ,00 .00 87,81 .00 8 10400 JAMES JAKOUBEK 7/05/07 57.80 .00 D0 .00 57,80 ,00 1 14100 LAURI KELL 8/17/07 82,99 .00 .00 .00 82.99 .00 2 18000 JOYCE ELSBURY 7/26/07 105.98 .48 .00 .00 106.46 .00 11 21500 AMBER CASTORF 7/26/07 140,41 DO ,OD .00 140.41 .00 5 26900 WAITER HOPKINS 7/16/07 42,93 .00 .00 OC 42.93 .00 2 28300 MTKF, SCHULTE 8/29/07 15,00 .00 .00 ,00 15.00 .00 1 31904 JOANN TIEDEMANN 7/16/07 39.01 .00 .00 .00 39,01 .00 8 36300 TIM 'S'ARVER 8/17/07 .20 .00 .00 .00 .20 .00' 1 40600 RE'T'A WHEELER 7/16/07 54,58 14,1.0 .00 ,00 6B.6B ,00 2 53700 RANDY KREMER 6/17X07 1,00 .00 .00 .00 1.00 ,DO 54100 STEVEN/'JODI PYLE 8/01/07 89.58 15.00 .00 .00 104.58 ,00 5 57300 LEE,/ROSEMARY HAHN 8/14/07 3.00 .00 .00 .00 3.00 .00 * DISCONNECT EXEMPT. F FINAL BILLED, 'TIME DELA` # OF TIMES DELINQUENT IN THE, LAST 12 MONTHS, UBPASTRP Wed Aug 29, 2007 2:00 PM *** CITY OF FAIRFAX IA *** OPER; DTI PAGE 2 10,19.05 DELINQUENT ACCOUNT LISTING *** REPORT TOTALS *** ACCOUNT NO/CUSTOMER NAME LAST PMT AMOUNT ACTUAL AMT TIME CUSTOMER ADDRESS DATE PERIOD 1 PERIOD 2 PERIOD 3 PERIOD 4 DUE DUE (BCT' DELA ------------------------------------------------------------------------------------------------------------------------------------ REPORT TOTALS SERVICES 622.58 29,58 ,00 .00 £52.16 TAX 11,36 ,00 00 .00 11.36 PER 135.00 .00 ,00 .00 135.00 MISC 39,22 ,00 00 .00 39,22 TAX 00 .00 ,00 ,00 .00 PER ,00 ,00 ,00 .00 .00 TOTALS 808.16 29.58 ,00 .00 837.74 .00 ORDINANCE NO. 70 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CI'T'Y OF FAIRFAX,IOWA, 2007, BY AMENDING PROVISIONS PERTAINING TO STOP REQUIRED BE IT ENACTED by the City Council of the City of Fairfax, lowa° SECTION 1. SECTION MODIFIED. Chapter 65, Section 65.02 of the Code of Ordinances of the City of Fairfax, Iowa, 2007, is repealed and the following adopted in lieu thereof: 65.02 STOP REQUIRED. Every driver of a vehicle shall stop in accordance with the following; 1. Vehicles traveling,west on East Southview Road shall stop at Highway 151. 2, Vehicles traveling on East Southview Road shall stop at)ATilliams Boulevard. 3. Vehicles traveling north on ulilliams Boulevard shall stop at Highway 151. 4. Vehicles traveling east on East Southview Road shall stop at Fairfax Road. 5. Vehicles traveling east on Minn Street shall stop at Fairfax Road. 6, Vehicles traveling west on Church Street shall stop at Williams Boulevard, 7. Vehicles traveling on Church Street shall stop at Vanderbilt Street, S. Vehicles traveling on Vanderbilt Street shall stop at Church St, 9. Vehicles traveling on Main Street shall stop at Vanderbilt Street, 10. Vehicles traveling,on Main Street shall stop at Reynolds Street. 11. Vehicles traveling on Railroad Street shall stop at Vanderbilt Street. 12. Vehicles traveling north on Losey Street shall stop at Prairie Avenue. 13. Vehicles traveling west on Prairie Avenue shall stop at Williams Boulevard. 14. Vehicles traveling,on Prairie Avenue shall stop at Vanderbilt Street, 15. Vehicles traveling,on Park Street shall stop at Church ;Street. 16. Vehicles traveling on Park Street shall stop at Main Street. 17. Vehicles traveling south on Reynolds Street shall stop at.Church Street. 18. Vehicles traveling north on Mekolet Street shall stop at Prairie Avenue. 19, Vehicles traveling south on Nickolet Street shall stop at Losey Street. 20. Vehicles traveling south on Vanderbilt Street shall stop at Losey Street. 21. Vehicles traveling west on East Cemetery Road shall stop at Williams Boulevard. 22. Vehicles traveling,east on West Cemetery Road shall stop at Williams Boulevard, 23. Vehicles traveling south on Longview Drive shall stop at West Cemeter},Road. 24. Vehicles traveling north on Stallman Drive shall stop at West Cemetery Road, 25. Vehicles traveling south on Stallman Drive shall stop at.Williams Road, 26. Vehicles traveling north on 80 Street shall stop at Williams Boulevard, 27, Vehicles traveling south on 80ta Street shall stop at East Cemetery Road. 28. Vehicles traveling north on Skyview Avenue shall stop at 2nd Street, 29. Vehicles traveling,on Skyview Avenue shall stop at Int Street. 30. Vehicles traveling,north on Highland Avenue shall stop at Williams Boulevard. 31, Vehicles traveling on Highland Avenue shall stop at 2"d Street, 32. Vehicles traveling oat Highland Avenue shall stop at Is' 'Street, 33. Vehicles traveling,south on Highland Avenue shall stop at East Cemetery Road. 34. Vehicles traveling north on Highland Court shall stop at Highland Avenue, 35. Vehicles traveling,east on Commercial Court shall stop at Highland Avenue. 36. Vehicles traveling east on Hillview Drive shall stop at Highland Avenue, 37. Vehicles traveling on 2nd Street shall stop at Highland Avenue. 38, Vehicles traveling on Ist Street shall stop at Highland Avenue. 34. Vehicles traveling on 1 st Street shall stop at Skyview Avenue. 40. Vehicles traveling on West Prairie Drive shall stop at Prairie View Circle. 41. Vehicles traveling north on Prairie View Drive shall stop at Williams Boulevard. 42. Vehicles traveling west on Prairie View Drive shall stop at Prairie View Circle. 43. Vehicles traveling west on Sunset Drive shall stop at Prairie View Drive. 44, Vehicles traveling east on Coneflower Drive shall stop at Prairie View Drive. 45. Vehicles traveling east on Prairie View Circle shall stop at Prairie View Drive, 46. Vehicles traveling east on Wildflower Drive shall stop at Sunset Drive. 47. Vehicles traveling west on Wildflower Drive shall stop at Prairie View Circle.. 48. Vehicles traveling north on Wildflower Circle shall stop at Wildflower Drive, 49. Vehicles traveling,west on 80th Street Court shall stop at 80th Street SW. 50. Vehicles traveling,west on Creek Side Drive shall stop at 80th Street SW, 51. Vehicles traveling south on Ridge View Drive shall stop at Creek Side Drive. 52. Vehicles traveling south on Driftwood Lane shall stop at East Cemetery Road. 54, Vehicles traveling east on Creek Side Drive shall stop at Driftwood Lane, 54. Vehicles traveling west on 2nd Street shall stop at Ridge,View Drive. 55. Vehicles traveling west on Ridge Drive shall stop at Highland Avenue. 56. Vehicles traveling north on Sunflower Drive shall stop at Ridge Drive, 57. Vehicles traveling southwest on Blazingstar Court shall stop at Ridge Drive. 58. Vehicles traveling southwest on West Prairie Drive shall stop at Ridge Drive, 59. Vehicles traveling,north on Ridge Drive shall stop atAMest Prairie Drive, 60. Vehicles traveling south on Ridge Drive shall stop at West Prairie Drive, 61. Vehicles traveling northeast on 2nd Street shall stop at Ridge Drive. 62. Vehicles traveling north on Wild Rose Drive shall stop at West Prairie Drive, 63. Vehicles traveling southwest on Wild Rose Drive shall estop at Ridge Drive, 64. Vehicles traveling northeast on Goldenrod Drive shall stop at Ridge Drive. 65, Vehicles traveling south on Ridge Drive shall stop at Goldenrod Drive. 66. Vehicles traveling,north on Ridge Drive shall stop at Goldenrod Drive. 67. Vehicles traveling,northwest on Bluestar Drive shall stop at 2nd Street. 68, Vehicles traveling southeast on Aster Court shall stop at Goldenrod Drive, 69, Vehicles traveling southwest on Goldenrod Drive shall stop at Sunflower Drive. 70, Vehicles traveling west on Larkspur Drive shall stop at Sunflo-wer Drive. 71, Vehicles traveling east on Larkspur Drive shall stop at Ridge Drive, 71 Vehicles traveling,south on Sunflower Drive shall stop at East Cemetery Road. 73. Vehicles traveling south on Ridge Drive,shall stop at East Cemetery Road, 74. Vehicles traveling on 2nd Street shall stop at Sunflower]Drive, 75, Vehicles traveling on Sunflower Drive shall stop at 2nd St. 76. Vehicles traveling on 2nd Street shall stop at Driftwood Lane, 77. Vehicles traveling on Driftwood Lane shall stop at 2nd St. 78. Vehicles traveling north on Bluff Drive shall stop at 2nd St, 79. Vehicles traveling north on Horizon Avenue shall stop at 2nd St. SECTION 2, REPEALER, All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTION 3. 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 4. WHEN EFFECTIVE. This ordinance shall be in effect from and after its final passage, approval and publication as provided by law. Introducgd and passed b the Council on the �� day of . .� , 2007, and approved this day of ,2007. Bill Voss, Mayor ATTEST: Vickie Kindl,Kindl, City Clerk + First Reading: Z/ Q7 Second Reading: Jl Third Reading: ^ h I erti that the foregoing was posted as Ordinance No. 7 on the 1day of 2007, Vickie Kindl, City Clerk ORDINANCE NO, 71 Dismissed 11 September 2007 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF FAIRFAX, IOWA,20107,BY AMENDING SECTION 1912.05 PERTAPi NG TO DISCONTINUED WATER SERVICE DUE TO DELINQUENT PAYMENT BE IT ENACTED by the City Council of the City of Fairfax, Iowa: SECTION 1. SUBSECTION MODIFIED, Chapter 92, Section 92.05, Subsection 92.05(4) of the Code of Ordinances of the City of Fairfax, Iowa, 2007, is repealed and the following adopted in lieu thereof: 4. Fees. A fee of fifty dollars ($50.00) shall be charged before senlice is restored to a delinquent customer., No fee shall be charged for the usual or customary trips in the regular changes in occupancies of property, SECTION 2. REPEALER. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTION 3, 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 4. WHEN EFFECTIVE. This ordinance shall be in effect from and after its final passage, approval and publication as provided by law. Dismissed by Council on the _day of "2007. Bill Voss, Mayor ATTEST: P Vic ie Kind], City Clerk First Reading: , j'�'1� � Second Reading: Third Reading: I certify that the foregoing was posted as Ordinance No. on the day of 2007. 4zlt Vickie Kindl, City Clerk RESOLUTION NO, 1- ` A RESOLUTION TO ISSUE PARTIAL PAYMENT 44 TO RICKLEFS EXCAVATING, LTD FOR THE 2006 SANITARY SEWER SYSTEM IMPROVEMENTS WHEREAS, The City of Fairfax, Iowa, has contracted with Ricklefs Excavating,, LTD for the 2006 Sanitary Sewer System Improvements; and WHEREAS, The City engineer, Hall & Hall Engineers, Inc. has reviewed. Ricklefs Excavating, LTD's Partial Pay Request No. 4 for work through 8-30-07 and. have found it to be in accordance with their Schedule of Values and work completed to date and has, therefore, recommended payment of $86,735.00 on the Contract for 2006 Sanitary Sewer System Improvements. BE IT RESOLVED, By the City Council of the City of Fairfax, Fairfax, Iowa,, that the City Clerk is hereby directed to issue Partial Payment No, 4 in the amount of $86,735.00 to Ricklefs Excavating, LTD for the 2006 Sanitary Sewer System. Improvements, NOW, THEREFORE, BE IT FURTHER RESOLVED, By the City Council of the City of Fairfax, Iowa, that the Mayor and City Clerk are hereby authorized and directed to execute said Resolution. Passed and approved this day of „ 2007. AYES-.59P-A.2' R � NAYS: ABSENT: Bill Voss, Mayor ATTEST; Vickie Kindl, City Clerk The foregoing Resolution No.�'5Y having been approved this ate by the Faiyfax Cite ou oil,I hereby approve the same by affixing my signature as City Clerk on this ljyj-�- day of 2007. �ekie Kin 1,City Clerk RESOLUTION �[ - A RESOLUTION ADOPTING THE CITE' OF FAIRFAX MULES AND REGULATIONS FOR PUBLIC HEARINGS BE IT RESOLVED, That the City Council of the Citi, of Fairfax, Iowa, adopts the City of Fairfax Rules and Regulations for Public Hearings. NOW, THEREFORE, BE IT FURTHER RESOLVED, By the City Council of the City of Fairfax, Iowa, that the Mayor and the City Clerk are hereby authorized and directed to execute said Resolution. Passed and approved this day of ;2007. AYES: NAYS: � . ABSENT: M71-1 Voss, Mayor ATTEST: Wt�-1)4,�A Vickie Kindl, City Clerk The foregoing Resolution No. having been approved this date b the Fairfax City Coun ii, 1. hereby approve the same by affixing my signature as City Clerk on this day of 2007. Vickie Kindl,City Clerk CITY OF FAIRFA. RULES AND REGULATIONS FOR PUBLIC HEARINGS The City of Fairfax hereby adopts rules and regulations governing the conduct of public hearings before the City Council. These rules and regulations do not alter the Council's powers and duties defined by Iowa Code and Fairfax Ordinances. These rules and regulations shall be interpreted and applied consistent with the same. These rules may be amended or modified by an affirmative vote of not less than a majority of the entire Council. The Council reserves the right to amend or modify these rales in accord with its powers and duties. I. Burden of Proof The burden of proof of any legal prerequisites to the granting of the relief or action sought by a person or entity other than the City shall be upon the party requesting such relief or action. 11, Order of Presentation of Public Hearing Items Unless the Mayor in his or her discretion shall direct otherwise, the order for presentation shall be as follows: (a) Presentation of staff reports, if any. (b) Presentation by the party requesting the public hearing. The party requesting the public hearing may appear in person and/or be represented by an agent at the hearing. Failure to appear or be represented need not be considered as grounds of the Council to postpone action. (c) Presentations by persons in favor of the requested action. (d) Presentation by person in opposition to the requested action. (e) Opportunity for the party requesting the public hearing to rebut issues raised by those opposing the requested action. The party requesting the public hearing may withdraw the petition or appeal at any time prior to the vote and decision. By request of the party requesting the public hearing, City staff, a member of the public, a member of the City Council, or the Mayor,the Council may, during the public hearing, order the public hearing to be continued to a specified date and time. Upon the request of any member of the Council, motions for a continuance shall be made by roll call vote of all members present. HI. Consideration by the City Council. (a) Action by the City Council on the petition or appeal (1) The Council may discuss the matter prior to a motion being made. (2) After a motion has been made and seconded, any member may discuss or comment on the subject of the motion. The Mayor will recognize members of the City Council with the desire to spear, beginning with the motion's maker, and will protect each speaker from disturbance or interference. When no member wishes to discuss or comment further, the Mayor will call for a vote on the motion. Any member of the Council may at any time, move to close the debate and "call for the question". Upon a second for the motion to "call for the question", the motion to close the debate shall be voted upon. If the vote is affirmative (by a majority of the quorum)the "question" shall be voted upon. If the vote is against (less than a majority of the quorum), the debate shall continue. (3) A majority vote of the entire Council shall be required to pass a resolution. A majority of a quorum is required to pass a motion. (4) A resolution or motion that is not passed shall be deemed to be denied. (5) A matter may be continued by a majority vote of the Council members present at the meeting.. (6) Each vote shall be recorded by name of the Council member. (b) At the discretion of the Mayor,public discussion or input may be reopened at any time during the meeting, either during the public hearing or after it is closed, to permit additional testimony and evidence. I . Rules of Evidence Hearings and meetings before the City Council need not be conducted according to formal rules of evidence. Any testimony deenned relevant by the Mayor may be considered. The Mayor may exclude irrelevant or redundant testimony and - 2 - may make such other rulings as may be necessary for the orderly conduct of the proceedings while ensuring basic fairness and full consideration of the issues involved. Evidentiary objections shall be deemed waived unless made in a timely fashion before the City Council. V. Oral Evidence, Time Limits, and Number of Speakers Any person desiring to speak must first be recogprized by the Mayor. All comments must be made clearly and audibly, and all speakers must first state their full names and addresses and the narnes of any persons in whose behalf they are appearing. In order to expedite the conduct of hearings, the Mayor may reasonably limit the amount of time which a person may use to address the Council. The Mayor may also limit the number of speakers or amount of testimony upon a particular issue in order to avoid repetitious and cumulative comments. Except when necessary for immediate clarification of a particular point, no person shall be allowed to speak a second time until all others wishing to speak have had an opportunity to do so, and then only at the discretion of the Mayor. VI. Questioning of Speakers Any person other,than a Council member desiring to direct a question to a speaker or staff member shall submit the question to the Mayor, who shall determine whether the question is relevant to the subject of the hearing, whether it is redundant and whether or not it should be answered by the speaker or staff member. Direct questioning of speakers or staff members may be allowed, at the discretion of the Mayor. VII. Staff Reports Staff reports, if made, shall be included in the hearing record. - 3 - STATE OF IOWA Counties of Linn and Johnson ss. 5auttnview tZoad The Council will look into this and c#scuss ik::furiher '8f; a fukdra etin . C�iSCiussian vias held 6h lwta�ror �salary"snot r Ou ritil Oav,Ordit}ance ichangeS vrilf be made al tlme Octatier regula r7neeting.', --; DMsc sunt vuas held okti:the F�r�tl$Cr_nog€.f[ca lion,fe6t the E00-rkaers fatlrtiduCed the foltawing.Resaluten. deft-: 'ROA Lits a«le. .A, si..BeSecda ee) Fbvl.eclen;. I, Joe Hladky, do state that I am the publisher of M.dear Rd19 calk vote Fwves Beer; Frtaden,� atdkeratwainwright n carry`ed:w"ra roup°�°fh� n;" THE GAZETTE, a daily newspaper of general deckaibed hg folloYlar9 duly adapted ke5a s� kiasg Ha to -sa entilled, RA RESaLUTIQN: circulation in Linn and Johnson Counties, in Iowa.. :TO ISSUE PARTIAL ::PAYMBNT 941 V Ieiit sxtAVATeKG. LTD °R T.�fE The notice, a printed co of which is attached, was SANtTAtY sEwER sYsrf M "lam p 1y PkfM1AEMENTS" E'assed and apliravetl this; tttfr day of:seprember; 2ooT, inserted and published in THE GAZETTE Maters joirtdUred. fhe;foVowinQ..'ResdfiAOR and rrtnoved its addatian, setonded se by er. newspaper m the issue(s) of 9/21/07 Rqk calf Votef Avese Beer Frfeden, N�asees,,_ WS,i rpyfgt 1 Kays None Absent_Sc6fLw44R.> ftdra Carrued tnlfr6reuOon fhe Mavue declared z007-45a at1ffted 'A REsoLUVON anQPT°u . The reasonable fee fair publishing said notice is fNG iii o4-r;. 6F.FAGRFAX tdifL ES ARbF3 Rl:- UEAtl&4S FOR P€1BLIC HEAkINGS $13$.5{ Pasd ac approved ttgfs ]tfh day.of Sep-` ter[bey, 2007: Nsawers Introduced ordiOanCe:NO, 70. 0R2IN'ANOE AMENOING THE Gpl1E ss- .-irvr rYF FSH.: a pa] ktbflub — P XaUU> ". r ss Pul. atuO�arC "9 4. snafu A800ela�yu � sgnt OF, This instrument was acknowledged by Joe Hladky E o " before ane on 9/21/07 s .€ as sl5a� Pfy Uo aslu ero: aauei( nuo "B x }L4ifleSa 40 @otEd I suano® tago� cAtNotPublic ift and for the State of Iowa Imos 0e. d esrt�ayg..g� . . a utsaq [loon.LI : 4ulgas, uty 0 le l@ � [���in t@ v to f ttEtantYd1IU [ y?,k N s � SSOrJ " a c uroat al���a�ta�ta'z��•if�pur .st;� v r. s c Tf��.'S a3�111�{:1 >eBU�'9 i, a �P r.