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HomeMy WebLinkAbout04-14-2009 Council Meeting CITY OF FAIRFAX REGULAR COUNCIL MEETING APRIL 14, 2009 The regular meeting of the Fairfax City Council was held 'Tuesday, April 14, 2009, at Fairfax City Hall at 7:00 PM. Mayor Voss presided. Council members present: Beer, Frieden, Rabe, Magers, Wainwright. Others present: Ron Dusil, Dave Yanecek, Dan Zamastil, Dick Ransom, Shane Wicks, Randy Scholer, Cathy Bayne, Don Norton, Jim Houser. Beer moved to approve the agenda and the Clerk's financial reports, seconded by Frieden. Roll call vote: Ayes: Beer, Frieden, Rabe, Magers, Wainwright. Nays: None. Motion carried. Frieden moved to approve and place on file the minutes of the regular council meeting dated March 10, 2009, seconded by Beer. Roll call vote: Ayes: Beer, Frieden, Rabe, Magers, Wainwright. Nays:None. Motion carried. Mayor Voss announced that this was the time and place for a public hearing on the matter of the proposed amendment to the Fiscal Year 2008-2009 Annual Budget. Notice of this Public Hearing was published in The Gazette on April 2, 2009. There being no further comments or objections, Mayor Voss closed the public hearing at 7:05 PM. Magers introduced the following Resolution and moved its adoption, seconded by Rabe. Roll call vote: Ayes: Beer, Frieden, Rabe, Magers, Wainwright. Nays: None. Motion carried. Whereupon the Mayor declared the following duly adopted: Resolution 2009-15 entitled, "RESOLUTION AMENDING THE CURRENT BUDGET FOR FISCAL YEAR ENDING JUNE 30, 2009," Passed and approved this 14th day of April, 2009. The Sheriff's report was given by Deputy Egli and the Call for Service log was submitted and discussed. Don Norton, Fairfax Greenhouse, asked Council if there was anything they could do to control the dust on West Cemetery Road. Staff will look into this matter. Rabe moved to approve the Building Permit for Don Norton, Fairfax Greenhouse, seconded by Frieden. Roll call vote: Ayes: Beer, Frieden, Rabe, Magers, Wainwright. Nays: None. Motion carried. Randy Scholer, Simmons & Perrine, PLC, led a discussion on a proposed amendment to the Zoning Code regarding the City's procedure for annexing property. Staff was instructed to proceed with this ordinance amendment. A discussion was held in regard to updating the current Zoning Code. The City's engineer, legal counsel and staff were instructed to proceed with this matter and bring the amendments back to the table for further discussion. Council reviewed the proposed Water Tower Lease Agreement with Linn County for the transmission and reception of radio communication signals. It was the consensus of Council that the agreement was in order with the exception of the rent to be paid on a yearly basis. Mages introduced the following Resolution and moved its adoption, seconded by Frieden. Roll call vote: Ayes: Beer, Frieden, Rabe, Magers, Wainwright. Nays: None. Motion carried. Whereupon the Mayor declared the following duly adopted: Resolution 2009-16 entitled, "RESOLUTION SETTING A PUBLIC HEARING AND PRESCRIBING NOTICE OF DISPOSAL OF AN INTEREST IN REAL ESTATE BY GIFT". Passed and approved this 14fl' day of April, 2009. Wainwright moved to approve Randy Scholer, Simmons Perrine, PLC, to proceed with abating the nuisance located at 510 Church Street, seconded by Magers. Roll call vote:. Ayes: Frieden, Rabe,Magers, Wainwright. Nays: Beer. Motion carried. A discussion was held in regard to citizens operating dirt bikes within the city limits. Legal counsel will pursue this matter. Dick Ranson& Shane Wicks,Hall & Hall Engineers, Inc., updated Council on the SRF Draft Stimulus Intended Use Plans application and the status of the IDOT trail project.. They also led a discussion on establishing a Storm Water Management ordinance. Steve Smith, Johnson County Refuse, discussed the renewal of the waste hauling contract. He requested that the requirement for the Performance Bond be removed from the contract and stated that the rate would increase from $9.75 to $10.75 per household. Wainwright moved to accept Johnson County Refuse's contract for waste hauling, as per the above amendments, effective July 1, 2009, seconded by Magers. Roll call vote: Ayes: Beer, Frieden, Rabe,Magers, Wainwright. Nays: None.Motion carried. Council reviewed and approved the insurance coverage for 2009. Due to Council wanting more specifics on the scope of work, no action was taken on accepting Central Tank Coatings quote for exterior work on the water tower. Frieden introduced the following Resolution and moved its adoption, seconded by Magers. Roll call vote: Ayes: Beer, Frieden, Rabe, Magers, Wainwright. Nays: None.. Motion carried. Whereupon the Mayor declared the following duly adopted: Resolution 2009-17 entitled, "RESOLUTION ACCEPTING WARRANTY DEED FOR EAST DRAINAGE WAY PROJECT ON EAST CEMETERY ROAD — HAROLD & JEANETTE MCCORMICK". Passed and approved this 1 �h day of April, 2009. Mayor Voss reported on the improvements needed at the parks. Due to budget restraints, no final decisions were made at this time. A discussion was held on how to proceed with the hiring process of a clerk. Rabe moved to approve the claims list dated April 14, 2009,seconded by Frieden. Roll call vote: Ayes: Beer, Frieden,Rabe, Magers, Wainwright.Nays:None. Motion carried. Reports and other items of discussion: Maintenance—Dusil reported that they had put mulch on the trees at Hawk's Ridge park, repaired culverts on Church St., and have been working on patching holes. Zamastil discussed the new rules &requirements for the type of mulch that can be used under playground equipment and submitted a quote for a trench box for council review. Library — Cathy Bayne stated that they have been doing inventory and wanted to know when the slab behind the library was going to be repaired. Maintenance will be taking care of the latter. Parks — Jo Ann Beer reported on their plans for a campaign for playground equipment at Hawk's Ridge Park. She stated that the committee would like to proceed with holding public forums for input on plans & ideas. Visioning—Jo Ann Beer reported that the committee would like to pursue an idea to implement a railroad viewing park with a sheltered picnic area. Council directed her to contact Union Pacific Railroad to see if this would be permitted. There being no further business, Mayor Voss adjourned the meeting at 9:35 PM. MAYOR: Bill Voss ATTEST: Nancy Flickinger,Acting City Clerk Disclaimer: The foregoing minutes are not official until approved by Council. A "TY Allianit Energy Electricity 3887.68 Altorfer Parts 66.22 Auto:Glass Repairs 201.04 Baker&Taylor Books 542.55 Bayne,School/Office Chairs 550,00 Beth'h Reimb DVDs 63.60 Carol Hagen Refund 60.00 Carus Phosphates Chemicals 529.10 Cassile Huber Refund 60.00 Caterpillar Financial Backhoe payment 14360.41 Cathy Bayne Reimb 248.34 CITA Dues 25.00 City of:Fairfax Applied to bill 139.68 Clarey's Equipment 3361.17 Creative Software Consulting 1914.30 Cretex Concrete Concrete 1176.00 CRL Lawn Care Weed control 2300.00 CTS'Textile,Leas Uniforms/mats 242.41 Custom Hose Gasket 123.70 Cynthia Armstrong Refund 24.27 Dave,Yanecek Reimb 5.00 Derrick Sexton Refund 60.00 Dianna Gilchrist Training 100.00 E Central Library Workshop 10.00 Elan Postage 1407.23 Fairfax Bank Taxes 6916.94 Fareway Groceries 112.60 Fauseir Fuel 1747.94 Firehouse Pyro Fireworks 9000.00 Gazette Publishing 524.05 Hach Co Various items 229.26 Hall&Hall Eng Fees 6569.00 Harold&Jeanette McCormick Purchase property 21350.00 Horizon Prod Materials 114.75 i wireless Phone 78.84 IDOT HWY 151 Project 33452.26 IA Fire Chief Assn Dues 76.00 IA Cline Call Digging 35.10 IPERS Taxes 2376.98 James Kelly Refund 64.68 Jay Hopkins Refund 60,00 Jeff Rosenberger Refund 120.00 Jester Apparel Sweatshirts, 319,00 Jim Clark Refund 60.00 Johnnie Altenhofen Refund 120.00 JC Refuse Services 6522.75 Keystone Lab Tests 359,60 Kirkwood Training 489.00 Kyle'Vondracek Refund 41.37 L.L.Palling Premix 322.01 LC Auditor Election 1213.95 LC Firefighter Assn Fees 51.20 LC RIE'C Fees 3647.54 LC Recorder Fees 147.00 LC Sheriff Services 5616.00 LC Trees Fees 240.00 Linwwreld,Inc. Fees 11.51 Loren Mulherin Labor 1674.00 Menards Concrete mix 585.89 Mid American Gas 762.77 Murray Marple Refund120.00 i+fancy'Terpstra Books 204.00 ORK'N Exterminating 56.72 Pace Supply Paper towels, 42,55 Patricia Hall Refund 120,00 Penww^orthy Books 151.73 Richard Bann Refund 120.00 Sankof"s Maint 480.50 Schimberg Materials 712.45 Schrader Exc Lime 365.93 Sean IMilbrandt Refund 60,00 Simmons Perrine Fees 1345.00 South Slope Phone 543.43 Speer Financial Fees 5541.25 Staples Supplies 768.34 Star IEgluiipment Blade 224,48 Steve S'erbousek Refund 60.00 Strategic Print Contract 221.20 Tammy Carlson Refund 60.00 The SIVed Shed Parts 305.09 Thos B'ouregy Co Books 139.50 Tobe',y Harrison Refund' 120.00 Treas State IA Taxes 4862.00 Triarc Shipping fees 75.00 US Cellular Cell phones 188.33 USA Blue Book Filters/sign 210.94 SPO Bulk mail fee 526.45 Welimark Insurance 1854.54 Wendling Quarries Road stone 223.36 William Isaac Refund 120.00 Wilson-Hite Ins Insurance 31209.00 (Vet salarles: 21547.49 Total l Claims: 209047.97 Marchi(Receipts General Fund 9972.39 Road iL1se Tax 13105.18 Employee Ben 370.31 Trust&Agcy 420.00 Water Fund 11675.80 Seager Fund 13848.48 Garbage Fund 6612.40 TIF 11497.19 SRF(Bond Fund 8364.00 Certliiicates Deposit 4327.74 FD Equip Fund 289.40 FD Flreawork's Fund 69.45 Library Gifts/Beq 69.00 Paris(Dept FSSB 6.92 LOST Sewer 04-05 233.40 Arbor Team 4.35 Parks Dept Guaranty 62.07 Geneirall-Murphy 76,09 Bond proceeds 785260.00 Total(Revenue. 866264.17 Marchi(Expenses General Fund 74499.90 Road ilUse Tax 2059.70 Employee Ben 3320.54 Water(Fund 4197.61 Sewer Fund 6576.79 Garbage Fund 6672,69 Trust$G Agcy 1560.00 Draina,gel'Det Project 30785.50 Water(blain Project 3385.00 Total'Expenses- 133057.73 AGENDA FAIRFAX CITY COUNCIL REGULAR MEETING TUESDAY,APRIL 14,2009 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, March 10, 2009—Regular Meeting 4. Public Hearing—7:00 PM a. Written and oral comments on the proposed Budget Amendment for Fiscal. Year 20082009 5. Consider Resolution approving Budget Amendment for Fiscal Year 2008-2009 6. Don Norton -Dust control issues and building permit 7. Randy Scholer—Discussion on amending and updating the Zoning Code 8. Review proposed Water Tower Lease Agreement with Linn County 9. Consider Resolution setting Public Hearing & Prescribing Notice of Disposal of Interest in Real Estate by Gift 10. Dick Ransom & Shane Wicks -Hall &Hall Engineers, Inc. a. Discussion on'SRF Draft Stimulus Intended Use Plans b. Update on the status of the trail project c. Discussion on proposed Storm Water Management Ordinance 11. Steve Smith, Johnson County Refuse, discussion on waste hauling contract 12. Discussion on 2009 insurance renewal 13. Consider motion to accept quote from Central Tank Coatings for exterior maintenance on water tower 14. Consider Resolution to Accept Warranty Deed for East Drainage Way Project 15. Mayor Voss -Discussion on park improvements 16. Discussion on the hiring process of the City Clerk position 17. Consider motion to approve claims list dated April 14, 2009 16. Reports a. Sheriff b. Library c. Fire Department d. Maintenance Department e. Parks Department—Hawks Ridge Park Playground Equipment Campaign f. Visioning Committee—Proposed Train Viewing Area 17. Discussion a. Opportunity for citizens not on agenda 18. Clerk comments 19. Mayor comments 20. Adjournment CITY OF FAIRFAX REGULAR COUNCIL MEETING MARCH 10, 2009 The regular meeting of the Fairfax City Council was held Tuesday, March 10, 2009, at Fairfax City Hall at 7:00 PM. Mayor Voss presided. Council members present: Beer, Frieden, Magers. Absent: Wainwright, Rabe. Wainwright arrived at 7:25 PM. Due to the absence of the City Clerk, Nancy Flickinger recorded the minutes. Others present: Ron Dusil, Dave Yanecek, Jeff Ammeter, Dick Ransom, Randy Scholer, Cathy Bayne, Mike Sankot, Government Students, Rob Barry and Jonna Smith. Frieden moved to approve the agenda and the Clerk's financial reports, seconded by Beer. Roll call vote: Ayes: Beer, Frieden, Magers. Nays: None. Motion carried. Frieden moved to approve and place on file the minutes of the regular council meeting dated February 10, 2009, and the minutes of the special meetings held on February 17, 2009 and February 24, 2009, seconded by Beer. Roll call vote: Ayes: Beer, Frieden, Magers. Nays: None. Motion.carried. The Sheriff's report was given by Deputy Brady and the Call for Service log was. submitted and discussed. Reports and other items of discussion: Maintenance - reported that Prairie Road Builders, Inc. was going to take care of fixing the problems on Church St and that the ammonia is still high and the gates are not working properly at the sewage treatment plant. Ransom will look into this matter. Fire Department — Chief Sankot asked the Council to consider allocating some of the LOST revenue to the Fire Department to aid in paying off the fire trucks. He also stated that they have ordered a new slide-in unit for the grass buggy. Library - Cathy Bayne stated that they may be in need of appointing another Library Board member. Visioning — Jo Ann Beer reported that the Visioning., Committee will be hosting their annual Bloomin' Tea fundraiser on Thursday, May 7th. Beer introduced the following Resolution and moved its adoption, seconded by Frieden. Roll call vote: Ayes: Beer, Frieden, Magers, Wainwright. Nays: None. Motion carried. Whereupon the Mayor declared the following dully adopted: Resolution No. 2009-11 entitled, "RESOLUTION PROVIDING FOR ISSUANCE OF $790,000 GENERAL OBLIGATION CORPORATE PURPOSE NOTES, SERIES 2009 AND PROVIDING FOR THE LEVY OF TAXES TO PAY THE SAME." Passed and approved this 10'h day of March, 2009. Mayor Voss announced that this was the time and place for a public hearing on the matter of the proposed Fiscal Year 2009-2010 Annual Budget. A discussion was held in regard to the passage of the Local Option Sales Tax. In lieu of the extra revenue that the City expects to receive, it was the consensus of Council that the Levy for the Debt Service Tax will be removed from the proposed budget. Notice of this Public Hearing was published in The Gazette on February 26, 2009. There being no further comments or objections, Mayor Voss closed the public hearing at 7:32 PM. Freiden introduced the following Resolution and moved its adoption, seconded by Beer. Roll call vote: Ayes: Beer, Frieden, Magers, Wainwright. Nays: None. Motion carried. Whereupon the Mayor Voss declared the following duly adopted: Resolution 2009-12 entitled, "RESOLUTION APPROVING CITY OF FAIRFAX ANNUAL BUDGET FOR FISCAL YEAR 2009-20100" Passed and approved this 10th day of March, 2009. Discussion was held on amending the FY 2008-2009 Annual Budget. Beer introduced the following Resolution and moved its adoption, seconded by Frieden. Roll call vote: Ayes: Beer, Frieden, Magers, Wainwright. Nays: None. Motion carried. Whereupon the Mayor declared the following duly adopted: Resolution 2009-13 entitled, "SETTING TIME AND PLACE FOR A PUBLIC HEARING FOR THE PURPOSE OF SOLICITING WRITTEN AND ORAL COMMENTS ON THE CITY'S PROPOSED AMENDMENT TO FISCAL YEAR 2008-2009 BUDGET."' Passed and approved this 10th' day of March 2009. No action was taken on Item 9—Accepting Deed for the Drainage Project. Randy Scholer, Simmons Penine, PLC, reported that Moyer & Bergman, PLC has merged with Simmons Perrine, PLC and that they now have a 58 attorney firm with expertise in all aspects of the law. He also stated that the City's rates have been the same since 2001 and requested Council to consider an increase for their legal services. Wainwright moved to accept Simmons Perrine, PLC's newly established rate per hour with a 10% discount, effective April 1, 2009, seconded by Frieden. Roll call vote: Ayes: Beer,Frieden,Magers, Wainwright. Nays:None. Motion carried. Council approved purchasing the pump & water tank slide in unit from the Fire Department for$1,500. Council reviewed the Annexation request of Joe Robson.. After the Deed is submitted to the City,the documents will be forwarded to the engineer and legal counsel for review. Magers introduced the following Resolution and moved its adoption, seconded by Beer. Roll call vote: Ayes Beer, Frieden, Magers, Wainwright. Nays: None. Motion carried. Whereupon the Mayor declared the following duly adopted: Resolution No.. 2009-14 entitled, "A RESOLUTION APPOINTING ACTING CITY CLERK". Passed and approved this 10th day of March, 2009. Frieden moved to approve the Claims List dated March 10„ 2009, seconded by Magers. Roll call vote: Ayes: Beer,Frieden, Magers, Wainwright. Nays: None. Motion carried, No action was taken on Item 15 -- CRL Lawn Care Landscaping's proposal for weed control. Frieden moved to accept the resignation of City Clerk, Vickie Kindl, effective March 8, 2009, seconded by Beer. Roll call vote: Ayes: Beer, Frieden, Magers, Wainwright. Nays: None. Motion There being no further business, Mayor Voss adjourned the meeting at 8:45 PM. MAYOR: Bill Voss ATTEST:Nancy Flickinger, Acting City Clerk Disclaimer: The foregoing minutes are not official until approved by Council. Alliant(Energy Electricity 3887.68 Altorfer Parts 66.22 Auto Glass Repairs 201.04 Baker&Taylor Books 542.55 Bayne'SchoolfOffice Chairs 550.00 Beth'hV'ilz Reimb DVDs 63.60 Caron(Hagen Refund 60.00 Carus(Phosphates Chemicals 529.10 Cassiie(Huber Refund 60.00 Caterpillar Financial Backhoe payment 14360.41 Cathy Bayne Reimb 248.34 CITA Dues 25.00 City of Fairfax Applied to bill 139.68 Clarey°s Equipment 3361.17 Creative Software Consulting 1914.30 Cretex Concrete Concrete 1176.00 CRL Lawn Care Weed control 2300.00 CTS Textile Leas Uniformsfmaits 242.41 Custom Hose Gasket 923.70 Cynthia,Armstrong Refund 24.27 Dave Yanecek Reimb 6.00 Derrick Sexton Refund 60.00 Dianna Giilchnst Training 100.00 E Central Library Workshop 10.00 Elan Postage 1407.23 Fairfax(Bank Taxes 6916.94 Fareway Groceries 112.60 Fauseir Fuel 1747.94 Firehouse Pyro Fireworks 9000.00 Gazette Publishing 524.05 Hach Cc Various items 229.26 Hall&Hall Eng Fees 6569.00 Harold&,Jeanette McCormick Purchase property 21350.00 Horizon Prod Materials 114.75 wireless Phone 78.84 IDOT HWY 151 Project 33452.26 IA Fire Chlef Assn Dues 75.00 IA One Call Digging 35.10 IPE'RS Taxes 2376.98 James(Kelly Refund 64.68 Jay Hopkins Refund 60.00 Jeff Rosenberger Refund 120.00 Jester Apparel Sweatshirts 319.00 Jim Clark Refund 60.00 Johnnie Altenhofen Refund 120,00 JC Refuse Services 6522.75 Keystone Lab Tests 359.60 Kirkwood Training 489.00 Kyle Vondracek Refund 41.37 L,L,Pellliing Premix 322.01 LC Auditor Election 1213.95 LC Firefighter Assn Fees 51.20 LC REC Fees 3647.54 LC Recorder Fees 147.00 LC Sheriff Services 5616.00 LC Treas Fees 240.00 Unweld,Inc. Fees 11.51 Loren Mulherin Labor 1674.00 Menards Concrete mix, 585.89 Mid American Gas 762,77 Murray IMarple Refund 120.00 Nancy Terpstra Books 204,00 QRKIINI Exterminating 56.72 Pace Supply Paper towels 42.55 Patricia Hall Refund 120.00 Penwortlhy Books 151.73 Richard Bann Refund 120.00 Sankot's Maint 480.50 Schimberg Materials 712.45 Schrader Exo Lime 365.93 Sean Millbrandt Refund 60.00 Simmons Perrine Fees 1345.00 South Slope Phone 543.43 Speer Financial Fees 5541.25 Staples Supplies 768.34 Star Equipment Blade 224.48 Steve'Serbousek Refund 60.00 Strategic Print Contract 221.20 Tammy Carlson Refund 60.00 The Stied Shed Parts 305.09 Thos IBouregy Co Books 139.50 Tobey(Harrison Refund 120.00 Treas State IA Taxes 4862.00 Triarc Shipping feels 75.00 US Cellular Cell phones 188.33 USA Blue Book Filterslsign 210,94 USPG Bulk mail fee 526.45 Wellm,arlk Insurance 1854.54 Wendlling Quarries Road stone 223.36 William Isaac Refund 120.00 Wilson-'Hite Ins Insurance 31209.00 Net salaries: 21547.49 Total)Claims: 209047.97 March Receipts I I General Fund 9972,39 Roads Use Tax 13105.18 Employee Ben $70.31 Trust&Agcy 420,00 Water(Fund 11675.80 Sewer Fund 13848.48 Garbage Fund 6612.40 TIF 11497.19 SIF Bond Fund 8364.00 Certificates Deposit 4327.74 FD Equip Fund 289.40 FD Firework's Fund 69.45 Library Gifts/Beq 69.00 Parks Dept FSSB 6.92 LOST Sewer 04-05 233.40 Arbor beam 4.35 Parks Dept Guaranty 62.07 General-Murphy 76.09 Bondi proceeds 785260.00 Total Revenue: 866264.17 March Expenses General Fund 74499.90 Road)Use Tax 2059.70 Employee Ben 3320.54 Water Fund 4197.61 Sewer Fund 6576.79 Garbage Fund 6672.69 Trust.&Agcy 1560.00 Drainage/Det Project 30785.50 Water[Dalin Project 3385.00 Total)Expenses: 133057.73 RESOLUTION NO. RESOLUTION AMENDING THE CURRENT BUDGET FOR FISCAL YEAR ENDING JUNE 30,2009 WHEREAS, The Fairfax City Council, after hearing all taxpayers wishing to be heard and considering the statements made by them, gave final consideration to the proposed amendment to the budget and modifications proposed at the hearing, BE IT RESOLVED,,By the City Council of the City of Fairfax, Iowa: Section 1, Following notice published on April 2, 2009 and the Public Hearing held on April 14, 2009 the current budget {as previously amended} is amended as set out herein and in the detail by fund type and activity that supports this resolution which was considered at the hearing. Section 2. The City Clerk is directed to submit these forms to the Linn County Auditor on or before May 31, 2009. 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 , 2009. AYES: NAYS: ABSENT: Bill'Voss,Mayor ATTEST: Nancy Flickinger, Acting City Clerk CITY OF FAIRFAX REGULAR COUNCIL MEETING APRIL 14, 2009 The regular meeting of the Fairfax City Council was held Tuesday, April 14, 2009, at Fairfax City Hall at 7:00 PM. Mayor Voss presided. Council members present: Beer, Frieden, Rabe, Magers, Wainwright, Others present: Ron Dusil, Dave Yanccek, Dan Zamastil, Dick Ransom, Shane Wicks, Randy Scholer, Cathy Bayne, Don Norton, Jim Houser. Beer moved to approve the agenda and the Clerk's financial reports, seconded by Frieden. Roll call vote: Ayes: Beer, Frieden, Rabe, Magers, Wainwright. Nays: None. Motion carried. Frieden moved to approve and place on file the minutes of'the regular council meeting dated March 10, 2009, seconded by Beer. Roll call vote: Ayes: Beer, Frieden, Rabe, Magers, Wainwright, Nays:None. Motion carried. Mayor Voss announced that this was the time and place for a public hearing on the matter of the proposed amendment to the Fiscal Year 2008-2009 Annual Budget. Notice of this Public Hearing was published in The Gazette on April 2, 2009. There being no further comments or objections, Mayor Voss closed the public hearing at 7:05 PM. Magers introduced the following Resolution and moved its adoption, seconded by Rabe. Roll call vote: Ayes: Beer, Frieden, Rabe, Magers, Wainwright, Nays: None. Motion carried. Whereupon the Mayor Voss declared the following duly adopted: Resolution 2009-15 entitled, "RESOLUTION AMENDING THE CURRENT BUDGET FOR FISCAL YEAR ENDING NNE M, 2009." Passed and approved this 14th day of April, 2009. The Sheriffs report was given by Deputy Egli and the Call for Service log was submitted and discussed. Don Norton, Fairfax Greenhouse, asked Council if there was anything they could do to control the dust on West Cemetery Road. Staff will look into this matter. Rabe moved to approve the Building Permit for Don Norton, Fairfax Greenhouse,. seconded by Frieden. Roll callvote: Ayes: Beer, Frieden, Rabe, Magers, Wainwright. Nays:None. Motion carried,. Randy Scholer, Simmons & Perrin, PLC, led a discussion on a proposed amendment to the Zoning Code regarding the City's procedure for annexing property. Staff was instructed to proceed with this ordinance amendment. A discussion was held in regard to updating the current Zoning Code. The City's engineer, legal counsel and staff were instructed to proceed with this matter and bring the amendments back to the table for further discussion. Council reviewed the proposed Water Tower Lease Agreement with Linn County for the transmission and reception of radio communication signals. It was the consensus o Council that the agreement was in order with the exception of the rent to be paid on a yearly basis. Mages introduced the following Resolution and moved its adoption, seconded by Frieden. Roll call vote: Ayes: Beer, Frieden, Rabe, Magers, Wainwright, Nays: None. Motion carried. Whereupon the Mayor declared the following duly adopted: Resolution 2009-16 entitled, "RESOLUTION SETTING A PUBLIC HEARING AND PRESCRIBING NOTICE OF DISPOSAL OF AN INTEREST IN REAL ESTATE BY GIFT". Passed and approved this 14th day of April, 2009. Wainwright moved to approve Randy Scholer, Simmons Perrine, PLC, to proceed with abating the nuisance located at 510 Church Street, seconded by Magers. Roll call vote: Ayes: Frieden, Rabe, Mager°s, Wainwright. Nays: Beer, Motion carried. A discussion was held in regard to citizens operating dirt bikes within the city limits. Legal counsel will pursue this matter. Dick Ranson& Shane Wicks, Hall & Hall Engineers, Inca updated Council on the SRF Draft Stimulus Intended Use Plans application and the status of the IDOT trail project. They also led a discussion on establishing a Storm Water Management ordinance. Steve Smith, Johnson County Refuse, discussed the renewal of the waste hauling contract. He requested that the requirement for the Performance Bond be removed from the contract and stated that the rate would increase from $9,75 to $10.75 per household. Wainwright moved to accept Johnson County Refuse's contract for waste hauling, as per the above amendments, effective July 1, 2009, seconded. by Magers. Roll call vote: Ayes: Beer, Frieden, Rabe, Magers,Wainwright. Nays:None. Motion carried. Council reviewed and approved the insurance coverage for 2009, Due to Council wanting more specifies on the scope of work, no action was taken on accepting Central Tank Coatings quote for exterior work on the water tower. Frieden introduced the following Resolution and moved its adoption, seconded by Magers. Roll call vote: Ayes: Beer, Frieden, Rabe, Magers, Wainwright. Nays: None. Motion carried. Whereupon the Mayor declared the following duly adopted: Resolution 2009-17 entitled, "RESOLUTION ACCEPTING WARRANTY DEED FOR EAST DRAINAGE WAY PROJECT ON EAST CEMETERY ROAD — HAROLD JEANETTE MCCORM CK". Passed and approved this 10 day of April, 2009. Mayor Voss reported on the improvements needed at the parks. Due to budget restraints, no final decisions were made at this time. A discussion was held on how to proceed with the hiring process of a clerk. Rabe moved to approve the claims list dated April 14, 2009, seconded by Frieden. Roll call vote: Ayes: Beer, Frieden„Rabe, Magers, Wainwright,Nays:None. Motion carried. Reports and other items of discussion: Maintenance—Dusil reported that they had put mulch on the trees at Hawks Ridge park, repaired culverts on Church St., and have been working on patching holes. Zamastil discussed the new rules &requirements for the type of mulch that can be used under playground equipment and submitted a quote for a trench box for council review. Library — Cathy Bayne stated that they have been doing inventory and wanted to know when the slab behind the library was going to be repaired.. Maintenance will be taking care of the latter. Parks — Jo Ann Beer reported on their plans for a campaign for playground equipment at Hawk's Ridge Park. She stated that the committee would like to proceed with holding public forums for input on plans & ideas. Visioning—Jo Ann Beer reported that the committee would like to pursue an idea to implement a railroad viewing park with a sheltered picnic area, Council directed her to contact Union Pacific Railroad to see if this would be permitted. There being no further business, Mayor Voss adjourned the meeting at 9:35 PM. MAYOR: Bill Voss ATTEST: Nancy Flickinger,Acting City Clerk Disclaimer: The foregoing minutes are not official until approved by Council RESOLUTION NO. m RESOLUTION SETTING A PUBLIC HEARING AND PRESCRIBING NOTICE OF DISPOSAL, OF AN INTEREST IN REAL ESTATE BY GIFT WHEREAS, The City of Fairfax and Linn County have negotiated a water tower lease agreement(the "Lease+")which shall permit Linn County to use the City of Fairfax's water tower for the transmission and reception of radio communication signals and other related uses. WHEREAS, The Lease concerns the City's water tower located at 910 2"d Street, Fairfax, Iowa; and WHEREAS, The Lease shall terminate upon either party's 90 day notice and the Lease shall be a gift to Linn County for a public purpose. WHEREAS, Iowa Code provides that a public hearing must be conducted by the City Council upon the disposition of an interest in real property by gift. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR. THE CITY OF FAIRFA ,IOWA, That a public hearing be conducted by the City Council at the City Hall, 525 Vanderbilt Street, Fairfax, Iowa at 7.00 p.m., on Tuesday, May 12, 2009, and the attached public notice of the time and place of said hearing shall be given by publication in the Gazette as required by the Code of Iowa. r Passed and approved this day of 52009. AYES: q j � NAYS: R ABSENT: Bill Voss, Mayor ATTEST: ,! Nancy Flickinger,A ting Clerk RESOLUTION NO. A RESOLUTION ACCEPTING WARRANTY DEED FOR EAST DRAINAGE WAY PROJECT ON EAST CEMETERY ROAD—HAROLD & JEANETTE MCCORMIC WHEREAS, Harold McCormick and Jeanette McCormick have agreed to sell property located on East Cemetery Road to the City of Fairfax, Iowa for the East Drainage Way Projject. The McCormicks and the City agree that the market value of Real Estate is $21,350.00. WHEREAS, The City acknowledges receipt of the Warranty Deed conveying the Real Estate to the City of Fairfax from Harold McCormick and Jeanette McCormick. BE IT RESOLVED, By the Fairfax City Council of the City of Fairfax, Iowa that the Mayor is hereby authorized and directed to accept the Warranty Deed for the Real Estate. NOW, THEREFORE, BE IT FURTHER RESOLVED, By the Fairfax City Council of the City of Fairfax, Iowa, that the Mayor and Acting City Clerk ate hereby authorized and directed to execute said Resolution. Passed and approved this day of ,2009. AYES: bt l 1 t NAYS: tj .ABSENT: Bill Voss, Mayor ATTEST: t 4 Nancy Flickinger, A ting City Clerk RESOLUTION NO, RESOLUTION AMENDING THE CURRENT BUDGET FOR FISCAL YEAR ENDING JUNE 30,2004 WHEREAS, The Fairfax City Council, after hearing all taxpayers wishing to be heard and considering the statements made by them, gave final consideration to the proposed amendment to the budget and modifications proposed at the hearing. BE IT RESOLVED,By the City Council of the City of Fairfax, Iowa: Section 1. Following notice published on April 2, 2009 and the Public Hearing held on April 14, 2009 the current budget (as previously amended) is amended as set out herein and in the detail by fund type and activity that supports this resolution which was considered at the hearing. Section 2. The City Clerk is directed to submit these forms to the Linn. County Auditor on or before May all, 2009. 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 .MV) 2009. AYES: A �� j , my\m.k&I" NAYS. g ABSENT: ? Bil fir'oss,Mayor ATTEST: Nancy Fli4kinger, Acting City Clerk Utility billing Month End Worksheet Month of I- 3 -{ p 1. Month Utilities Receivables on A Af do, ( ate) (Billing Register) 2. Billing of Penalties on ; (Date-Penalty Calculation) 3. Total Billed (Add lines 1 2) 4. Adjustments to Balance(Adjustment Report) 5. Net Receivables (Add/Subtract Lines 3, 4) 1, UN � 6. Less Payments Received(Deposits for month) 7. Current Utilities Receivables (Calculated) (Subtract line 6 from 5) y _ 8. Current Utilities Receivables (Delinquent Account) 9. Current Credit Balances (Trial Balance) -� ��,Iv 10. Current Utilities Receivable (Trial Balance) 11. Difference (Zero if balanced) _ 12. Balance due Cityas oil,. �d i � L,4/i, (Supporting documents on file) Date Prepared p F / Date Approved ..._ � ;' - Prepared By I�A qw Approved By [ s