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HomeMy WebLinkAbout06-09-2009 Council Meeting CITY OF FAIRFAX REGULAR COUNCIL MEETING JUNE 99 2009 The regular meeting of the Fairfax City Council was held Tuesday,June 9, 2009,at Fairfax City Hall. Mayor Voss called the meeting to order at 7:00 PM. Council members present: Frieden,Rabe, Magers, and Wainwright. JoAnn Beer was absent. Motioned by Magers, seconded by Rabe to approve the agenda and the clerk's financial reports. Ayes: Frieden,Rabe,Magers, and Wainwright. Absent: Beer. Motioned carried. Motioned by Frieden, seconded by Magers to approve and place on file the minutes of the regular council meeting dated May 12,2009 and the minutes of the Planning and Zoning Commission's regular meeting dated May 19,2009. Ayes: Frieden,Rabe, Magers, and Wainwright. Absent: Beer. Motioned carried. Mayor Voss announced that this was the time and place for the public hearing concerning the application of the Fairfax City Council on behalf of the City of Fairfax,owner of Outlot A,Fairfax Heights First Addition to the City of Fairfax to change the zoning from 5 RM: Multi-Family Residential district to CN: Conservation/Public Use district at 7:01 PM. Notice of this public hearing was published in The Gazette on May 27,2009. No one submitted written or oral comments. Mayor Voss closed the public hearing at 7:02 PM. Motioned by Rabe, seconded by Magers to place on file the Planning and Zoning's RECOMMENDATION NO.2009-02 to approve this application, Ayes: Frieden,Rabe,Magers, and. Wainwright. Absent: Beer. Motioned carried. Magers introduced ORDINANCE NO.84,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 OUTLOT A,FAIRFAX HEIGHTS FIRST ADDITION, CITY OF FAIRFAX,LINN COUNTY,IOWA,FROM 5RM-MULTI-FAMILY DISTRICT TO CN CONSERVATIONIPUBLIC USE DISTRICT. Motioned by Magers, seconded by Wainwright to suspend the rule requiring that an ordinance be voted on for passage at two council meetings prior to this meeting with respect to ORDINANCE NO..'84. Roll call vote: Ayes: Frieden,Rabe„Magers,and Wainwright. Absent: Beer. Motioned carried. Motioned by Frieden, seconded by Rabe to give final approval and adoption to ORDINANCE NO. 84,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 OUTLOT A, FAIRFAX HEIGHTS FIRST ADDITION, CITY OF FAIRFAX,LINN COUNTY,IOWA,FROM 5RM-MULTI-FAMILY DISTRICT TO CN- CONSERVATION/PUBLIC USE DISTRICT. Roll call vote: Ayes: Frieden,Rabe,Magers,and Wainwright. Absent: Beer. Motioned carried. Mayor Voss announced that this was the time and place for the public hearing concerning the application of Synergy Development Group,LLC, owner of Lot 17 (438 Creek Side Drive)and Lot 18 (141 Ridge View Drive)in Prairie Creek Estates Third Addition to the City of Fairfax to change the zoning from 9 RS: Single Family Residential district to 5 RM:Multi-Family Residential district at 7:03 PM. Notice of this public hearing was published in The Gazette on May 27,2009. No one submitted written or oral comments. Mayor Voss closed the public hearing at 7:04 PM. Motioned by Frieden, seconded by Wainwright to place on file the Planning and Zoning's RECOMMENDATION NO. 2009-03 to approve this application. Ayes: Frieden,Rabe,Magers, and Wainwright. Absent: Beer. Motioned carried. 1 Magers introduced ORDINANCE NO.85,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 LOT 17(438 CREEK SIDE DRIVE)AND LOT 18(141 RIDGE VIEW DRIVE),PRAIRIE CREEK ESTATES THIRD ADDTION TO THE CITY OF FAIRFAX, LINN COUNTY,IOWA FROM 9 RS: SINGLE FAMILY RESIDENTIAL DISTRCT TO 5 RM MULTI-FAMILY RESIDENTIAL DISTRICT. Motioned by Frieden, seconded by Wainwright to suspend the rule requiring that an ordinance be voted on for passage at two council meetings prior to this meeting with respect to ORDINANCE NO.. 85. Roll call vote: Ayes: Frieden,Rabe„Magers, and Wainwright. Absent: Beer. Motioned carried. Motioned by Frieden, seconded by Rabe to give final approval and adoption to ORDINANCE NO. 85,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 LOT 17 (438 CREEK SIDE DRIVE)AND LOT"18(141 RIDGE VIEW DRIVE),PRAIRIE CREEK ESTATES THIRD ADDTION TO THE CITY OF FAIRFAX,LINN COUNTY,IOWA FROM 9 RS: SINGLE FAMILY RESIDENTIAL DISTRCT TO 5 RM:MULTI-FAMILY RESIDENTIAL DISTRICT. Roll call vote: Ayes: Frieden,Rabe,,Magers,and Wainwright. Absent: Beer. Motioned carried. Mayor Voss announced that this was the time and place for the public hearing concerning the application of Synergy Development Group,LLC, owner of property generally located North of Prairie Creel{Estates Third Addition to the City of Fairfax and South of Highway 151,more particularly described in Exhibit A,on file at Fairfax City Hall to change the zoning from 9 RS: Single Family Residential district to 5 RM: Multi-Family Residential district at 7:05 PM. Notice of this public hearing was published in The Gazette on May 27,2009. Discussion was held about zoning uniformity and layout. Mayor Voss closed the public hearing at 7:08 PM. Motioned by Magers, seconded by Wainwright to place on file the Planning and Zoning's RECOMMENDATION NO.2009-04 to approve this application. dyes: Frieden,Rabe,Magers, and Wainwright. Absent: Beer. Motioned carried. Magers introduced ORDINANCE NO.86,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,GENERALLY LOCATED NORTH OF PRAIRIE CREEK ESTATES THIRD ADDITION TO THE CITY OF FAIRFAX AND SOUTH OF HIGHWAY 151,LINN COUNTY., IOWA FROM 9 RS: SINGLE FAMILY RESIDENTIAL DISTRCT TO 5 RM:MULTI-FAMILY RESIDENTIAL DISTRICT. Motioned by Frieden, seconded by Rabe to suspend the rule requiring that an ordinance be voted on for passage at two council meetings prior to this meeting with respect to ORDINANCE NO. 86. Roll call vote: Ayes: Frieden,Rabe,Magers,and Wainwright. Absent: Beer. Motioned carried. Motioned by Frieden, seconded by Rabe to give final approval and adoption to ORDINANCE NO.86,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,GENERALLY LOCATED NORTH OF PRAIRIE CREEK ESTATES THIRD ADDITION TO THE CITY OF FAIRFAX AND SOUTH OF HIGHWAY 151,LINN COUNTY,IOWA FROM 9 RS: SINGLE FAMILY RESIDENTIAL DISTRCT TO 5 RM: MULTI-FAMILY RESIDENTIAL DISTRICT. Roll call vote: Ayes: Frieden,Rabe, Magers,and Wainwright. Absent: Beer. Motioned carried. 2 The Call for Service Log from The Linn County Sheriff's Department was submitted by Deputy Brady. Mayor Voss announced that this was the time and place for the public hearing concerning amending the Fairfax Zoning Ordinance of 2000,Fairfax,Iowa,by amending Section 1.07.J CN: Conservation/Public Use District at 7:10 PM. Notice of this public hearing was published in The Gazette on May 27,2009. No one submitted written or oral comments. Mayor Voss closed the public hearing at 7:11 PM. Motioned by Magers, seconded by Frieden to place on file the Planning and Zoning's RECOMMENDATION NO.2009-05 to approve this application. Ayes: Frieden,Rabe,Magers, and. Wainwright. Absent: Beer. Motioned carried. Wainwright introduced ORDINANCE NO. 87,AN ORDINANCE AMENDING THE FAIRAX ZONING ORDINANCE OF 2000 OF THE CITY OF FAIRFAX,IOWA,BY AMENDING PROVISIONS PERTAINING TO SECTION 1.07.J.CN: CONSERVATION/PUBLIC USE. Motioned by Magers, seconded by Frieden to suspend the rule requiring that an ordinance be voted on for passage at two council meetings prior to this meeting with respect to ORDINANCE NO. 87. Roll call vote: Ayes: Frieden,Rabe, Magers, and Wainwright. Absent: Beer. Motioned carried. Motioned by Magers,seconded by Rabe to give final approval and adoption to ORDINANCE NO.87,AN ORDINANCE AMENDING THE FAIRAX ZONING ORDINANCE OF 2000 OF THE CITY OF FAIRFAX,IOWA,BY AMENDING PROVISIONS PERTAINING TO SECTION 1.07.J. CN: CONSERVATION/PUBLIC USE. Roll call vote: Ayes: Frieden,Rabe, Magers, and Wainwright. Absent: Beer, Motioned carried. Wainwright introduced ORDINANCE NO 88,AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF FAIRFAX,IOWA,2007,BY ADDING A NEW SUBSECTION PERTAINING TO PARKING REGULATIONS. Motioned by Magers, seconded by Wainwright to suspend the rule requiring that an ordinance be voted on for passage at two council meetings prior to this meeting with respect to ORDINANCE NO..88. Roll call vote: Ayes: Frieden,Rabe,Magers,and Wainwright. Absent: Beer, Motioned carried. Motioned by Frieden, seconded by Magers to give final approval and adoption to ORDINANCE NO 88,AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF FAIRFAX,IOWA,2007,BY ADDING A NEW SUBSECTION PERTAINING TO PARKING REGULATIONS. Roll call vote: Ayes: Frieden,Rabe,Magers,and Wainwright. Absent: Beer. Motioned carried. Wainwright introduced ORDINANCE NO 89,AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF FAIRFAX,IOWA,2007,BY ADDING A NEW CHAPTER 100,STORMWATER MANAGEMENT, City Engineer Dick Ransom stated that all discussed changes have been made and that this should be the final draft. Motioned by Magers, seconded by Rabe to suspend the rule requiring that an ordinance be voted on for passage at two council meetings prior to this meeting with respect to ORDINANCE NO.89. Roll call vote: Ayes: Frieden,Rabe,Magers,and Wainwright. Absent: Beer. Motioned carried. Motioned by Magers, seconded by Wainwright to give final approval and adoption to ORDINANCE NO 89,AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF FAIRFAX,IOWA,2007,BY ADDING A NEW CHAPTER 100,STORMWATER MANAGEMENT. Roll call vote: Ayes: Frieden,Rabe, Magers,and Wainwright. Absent: Beer. Motioned carried. Motioned by Rabe, seconded by Frieden to approve the application from Travis Otto,The Star Bar, for a building permit to erect a storage shed. Dave Yanecek stated that the application follows the zoning regulations. Ayes: Frieden,Rabe,Magers,and Wainwright. Absent: Beer. Motioned carried.. Several residents were present to discuss a possible future rezoning request concerning lot four in Prairie View Estates. The residents submitted over 150 letters and almost 300 signatures on petitions requesting that the zoning remain residential. This input was from both residents of Fairfax and those in 3 the surrounding area outside of the city limits. Some of the reasons given during the discussion were safety of children,property values,traffic concerns,visual impression of the area,and the fact that many were told that area would become a park when they purchased their Lots. Council members stressed to the audience that no official rezoning request has been made. The owner of the land merely inquired about the possibilities at the last regular council meeting. Council members also stated that another area in town is where the new commercial development is being directed,that they don't favor creating an island of commercial zoning in a residential area,and that this citizen input is valuable. Motioned by Wainwright,seconded by Frieden to approve RESOLUTION NO.2009-23,A RESOLUTION TO APPROVE CHANGE ORDER NO. 1 -CONTRACT AMENDMENT I- BALANCING FOR THE DETENTION BASIN IMPROVEMENTS AT COMMERCIAL COURT. Discussion was held about the timing of the water retention and the design goals. This change order is needed because of some tile that was discovered. Ayes: Frieden,Rabe,Magers, and Wainwright. Absent: Beer. Motioned carried. Mayor Voss declared RESOLUTION NO.2009-23 duly adopted. Motioned by Magers, seconded by Rabe to approve RESOLUTION NO.2009-24,A RESOLUTION TO ISSUE FINAL PAYMENT NO.2 TO SCHRADER EXCAVATING& GRADING,CO.FOR THE DETENTION BASIN IMPROVEMENTS AT COMMERCIAL COURT, Finance Administrator,Nancy Flickinger,was directed to hold the check for thirty days to make sure there are no outstanding liens. Ayes: Frieden,Rabe,Magers,and Wainwright. Absent: Beer. Motioned carried. Mayor Voss declared RESOLUTION NO.2009-24 duly adopted, Extensive discussion was held about the East Cemetery Road Drainage Project. Representatives from Hall and Hall Engineering and Arensdorf Excavating gave the Council information regarding work schedules,required approvals,weather, and site conditions. Motioned by Frieden, seconded by Magers to approve RESOLUTION NO.2009-25,A RESOLUTION DENYING CHANGE ORDER NO.2 FOR THE EAST DRAINAGE WAY PROJECT ON EAST CEMETERY ROAD. Ayes: Frieden,Rabe:,Magers,and Wainwright. Absent: Beer. Motioned carried. Mayor Voss declared RESOLUTION NO.2009-25 duly adopted. Motioned by Wainwright,seconded by Rabe to approve RESOLUTION NO.2009-26,A RESOLUTION TO ISSUE PARTIAL PAYMENT#2 TO ARENSDORF EXCAVATING& TRUCKING,INC.FOR THE EAST DRAINAGE WAY PROJECT ON EAST CEMETERY ROAD. Ayes: Frieden,Rabe,Magers, and Wainwright. Absent: Beer. Motioned carried. Mayor Voss declared RESOLUTION NO.2009-26 duly adopted. Motioned by Magers, seconded by Rabe to approve RESOLUTION NO.2009-27,A RESOLUTION SETTING PUBLIC HEARING FOR PLANS,SPECIFICATIONS,FORM OF CONTRACT,AND ESTIMATED COST OF WATER MAIN REPLACEMENT PROGRAM_.. PHASE I IMPROVEMENTS PROJECT. Dick Ransom submitted the Project Manual to the City.. The start date is in August with completion in November. Discussion was held about open cutting and boring. Ayes: Frieden, Rabe,Magers,and Wainwright. Absent: Beer. Motioned carried. Mayor Voss declared RESOLUTION NO.20,09-27 duly adopted. Motioned by Wainwright,seconded by Magers to approve RESOLUTION NO.2009-28,A RESOLUTION TO APPROVE NAMING DEPOSITORIES. Councilmember Frieden asked that we solicit bids from the listed institutions when investments come due. Ayes: Frieden,Magers, and Wainwright. Absent: Beer. Abstain: Rabe. Councilmember Rabe abstained because he is employed at one of the depositories. Motioned carried. Mayor Voss declared RESOLUTION NO.2009-28 duly adopted. Motioned by Rabe, seconded by Magers to approve RESOLUTION NO.2009-29,A RESOLUTION ADOPTING A POLICY FOR THE INVESTMENT OF PUBLIC FUNDS. Ayes: Frieden,Rabe,Magers,and Wainwright. Absent: Beer. Motioned carried. Mayor Voss declared RESOLUTION NO.2009-29 dully adopted. Motioned by Magers, seconded by Wainwright to approve RESOLUTION NO. 2009-3O, A RESOLUTION AUTHORIZING THE TRANSFER OF FUNDS FOR THE LIBRARY AND FIRE DEPARTMENT 2008-2009 FISCAL YEAR END BALANCES. Ayes: Frieden,Rabe, 4 Magers,and Wainwright, Absent:: Beer, Motioned carried. Mayor Voss declared RESOLUTION NO. 2009-30 duly adopted. Discussion was held about plantings at city hall. No action was taken on the planter proposal. No action or discussion was held on the Hawks Ridge Park Playground Fundraiser Activities due to the absence of Councilmember Beer. Motioned by Magers, seconded by Rabe to accept the bid of'$3,680,00 for a used trench box from Altorfer. Ayes: Frieden,Rabe,Magers,and Wainwright, Absent: Beer. Motioned carried. Two bids to roof the Prairie Creek Park Pavilion were opened and discussed. Motioned by Rabe, seconded by Magers to approve the bid of$3,248.05 from Scott Heubner to roof the Prairie Creek Park Pavilion, Ayes: Frieden,Rabe,Magers, and Wainwright. Absent: Beer. Motioned carried. Motioned by Rabe, seconded by Magers to appoint Tom Nurre to the City of Fairfax's Planning and Zoning Commission, Ayes: Frieden,Rabe,Magers,and Wainwright, Absent: Beer. Motioned carried. Motioned by Magers, seconded by Frieden to approve the claims list as amended with the change to the IDNR check amount. Ayes„: Frieden,Rabe,Magers, and Wainwright. Absent: Beer. Motioned carried. Librarian Cathy Bayne gave the library report. The patio is done,except for the lights. Water came in a door at the library again on Monday. Discussion was held on needing an outside door placed there. Library Board Member Jacob Hargrafen has resigned. Jim Stallman is willing to serve. Dave Yanecek and Dan ZVamastil gave the maintenance department report. Discussed topics included: 83 customers at junk day,a busy building department,tiling a parking lot,the need for a dump truck,the need to use a disc on the dirt piled near the lagoons and dise,golf course,wildflowers near the south Fairfax sign,shifting some of the planned seal coating footage to streets that will not be torn up during the water main project,the street condition near Prairie Avenue and Nickolet Street, and the maintenance department uniforms. The following were topics discussed during the citizens input: replacement banners needed in some areas,the ball field parking lot is great,planning the water main work near The Star Bar,trucks loaded too heavy traveling on the city streets, and high grass at some intersections. Councilmember Rabe asked about the status of the drainage area behind his house. He stated that the water is deep and fast moving. 'This is a danger to the area children as well as an eye sore. Developer responsibility was discussed. City Engineer Dick Ransom will look into the issue. After the City receives his information it will be decided if we need to schedule a special meeting to expedite the handling of this issue. Councilmember Magers thanked the City for their concerns for his family. City Clerk Cynthia Stimson discussed plans to order current maps and attend Clerk's Academy. She showed the flyer for the Iowa League of Cities'Annual Conference in Davenport this September and asked if anyone plans to attend. Motioned by Rabe, seconded by Frieden to adjourn the meeting. Ayes: Frieden,Rabe,Magers, and Wainwright. Absent: Beer.. Motioned carried. Mayor Voss declared the meeting adjourned at 8:45 PM. Mayor,Bill Voss City Clerk, Cynthia Stimson Disclaimer: The foregoing minutes are not official until approved by the City Council. 5 City of Fairfax-Claims List- June'9,2009 Payee Purpose Amount Airgas Lease renewal 45.20 Alliant Energy Electricity 3455.53 AIIMed Supplies 591,08 Altorfer Slingtshackle 419.72 Arensdorf i Pay Req/Drainage Way 76486.40 Baker&Taylor Books 434,52 Batteries Included Batteries 96.52 Ben Waychoff LaborlReimb 42.00 Brett Simonsen Refund 60.00 Carus Phosphates Chemicals 1348.58 ,Cathy Bayne Reimb 292.74 ,Cathy Stober Relmib 52.61 City of Fairfax Applied to bill 84.90 Cory Stockton Grocery litems 48,97 Costigan Cons Labortmaterials 1549.59 CTS Textile Uniformstmats 371.91 Custom Hose Hose 119.81 Ed M Feld Equip Slide4n Unit 10370.00 Elan Postagelcopies 2691,76 Fairfax Bank Box rent 120.00 Fairfax Bank Taxes 5867.42 Fairfax USA Day Donation 1750.00 Fareway Pop 72.02 Fauser Fuel 1035.11 Fire Service Training Training 100.00 Gateway Hotel Registration fee 188.00 Gazette Publishing 231.82 GCR Tire Centers Maint 30.00 Grainger Hour,meters 223,40 Graybill Labortalarm 686.50 Hach Co Various items 150.90 Hall&Hall Eng Fees 17554.53 1 wireless Phone 69.67 �(DNR Permit app 448.00 I(DNR Registration fee 180.00 1A League Cities Registration fee 170.00 Iowa Prison Ind Signs 147.62 11SU Training 100.00 IPERS Taxes 2724.60 JC Refuse Services 6591.00 K&B Ag Supply Weedspraying 8593.17 Kathy Bashus Refund 60,00 Ken-Way Exc Laborlmiat 35U0 Keystone Lab Tests 21.00 I Gear 254-00 ILL Pelling Premix 434,23 Lakeside Equip Shearpm 56.00 Linn County REG Electricity 1684.79 Unweld Welder!Items 38.47 Loren Mulherin Labor 983.65 Manatt's Premix 175.00 Mary Rita Meyers Tickets 11.99 Matt Parrott Checks 190.29 Menards Various!items 438.73 Merta.Concrete Laborlmat 670.00 Mild American Gas 304.50 Mild,westWheel Fog/drive light 23.49 Mike Machula Reimb 155.49 IMES Boots 277.78 Northern Tool/Equip Telescopic 171.95 ORKIN Exterminating 59.56 IPace Supply Supplies 250.70 Peck's Flowers, 122.50 Penworthy Books, 274.96 Port'O'Johnny Services 285.00 Professional Plumb Watts RPZ 80.00 Radio Comm Program Pagers 560,00 Ricardo Campos Refund 60,00 Sankot's 1 264.85 Schimberg Co Pipe/cpllrs 365.52 Scot Ruby Refund 60.00 !Scott Reidesel Refund 6.10 Shilo Durnil Refund 60.00 South Slope Phone 524.15 Staples Suppillies 42.86 Storm Steel Steelliabor 163.60 Strategic Print Sol Contract 115.20 The Sled Shed Various Items 11.94 Tom Powles Refund 19.36 7 i US Cellular Phones 182.26 UISPO Postage 459.77 Van Meter Ind Various items 852.42 Victor Lew Refund 120.04 'Waterworks Salt 26.00 Wellmark Insurance 1854.54 Nlet salaries 17636.49 Total Claims: 176,349.74 May Receipts General Fund 57,133.96 Road Use Tax 11,067.07 T/A Meter Deposits 810.00 Water Fund 14,351.72 Sewer Fund 15,335.25 Garbage Fund 6,765.33 TIF 52,702.14 Employee Ben 2,880.12 SRF Bond Retire 8,580.00 FD Fireworks 4,910.00 FD Equipment 1,682.19 Fairfax Visioning 1,878.00 Total Revenue: 178,095.78 Flay Expenses General Fund 65,204.26 Drainage/Detention Proj 44,116.14 Road Use Tax 3,664.16 Employee Ben 2,890.38 Water Fund 3,318,66 Sewer Fund 7,887.50 Garbage Fund 12,141.42 T/A-Meter Deposits 250.64 Water Main Project 10,568.05 Fairfax Visioning 64.60 Total Expenses: 150,105.81 8 Transfers Out: Genera (FD Budget) 38,325.00 TIF 485,623.75 WWTF 4,025.00 Total Transfers out: 527,973.75 Transfers In: Debt Service 527,973.75 Total Transfers in: 527,973.75 9 AGENDA FAIRFAX CITY COUNCIL REGULAR MEETING TUESDAY,JUNE 9,2009 AT 7:00 PM FAIRFAX CITY HALL--525 VANDRBILT STREET Tentative agenda with possible action on the following items: 1. Call to Order Roll Call 3. Approval of Agenda and Clerk''s Financial Reports 4. Approval of and place on file: a. City Council Minutes dated May 12, 2009—Regular Meeting b. Planning& Zoning Minutes dated May 19,2009—Regular Meeting 5. Public Hearing—7:00 PM a. Written and oral comments on the application of the City of Fairfax,owner of Outlot A,Fairfax Heights First Addition to the City of Fairfax to change the zoning from 5 RM: Multi-Family Residential district to CN: Conservation/Public Use district 6. Review and place on file Planning and Zoning's RECOMMENDATION NO 2009-02 T Consider ORDINANCE NO. 84,pertaining to the Fairfax Zoning Code a. Consider introduction of ORDINANCE NO. 84 b, Consider motion to suspend the rule requiring that an ordinance be voted on for passage at two council meetings prior to this meeting with respect to ORDINANCE NO.84 c. Consider motion for final passage and adoption with respect to ORDINANCE NO. 84,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 OUTLOT A,FAIRFAX HEIGHTS FIRST ADDITION, CITY OF FAIRFAX,LINN COUNTY,IOWA,FROM 5RM-MULTI-FAMILY DISTRICT TO CN- CONSERVATION/PUBLIC USE DISTRICT 8. Public Hearing—7:00 PM a. Written and oral comments on the application of Synergy Development Group,LLC, owner of Lot 17(43 8 Creek Side Drive) and Lot I'8(141 Ridge View Drive)in Prairie Creek Estates Third Addition to the City of Fairfax to change the zoning from 9 RS: Single Family Residential district to 5 RM: Multi-Family Residential district 9. Review and place on file Planning and Zoning's RECOMMENDATION NO 2009-03 ]I 0. Consider ORDINANCE NO.85,pertaining to the Fairfax Zoning Code a. Consider introduction of Ordinance No.85 b. Consider motion to suspend the rule requiring that an ordinance be voted on for passage at two council meetings prior to this meeting with respect to Ordinance No.85 c. Consider motion for final passage and adoption with respect to Ordinance No. 85,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 LOT 17(438 CREEK SIDE DRIVE)AND LOT 18 (141 RIDGE VIEW DRIVE),PRAIRIE CREEK ESTATES THIRD ADDTION TO THE CITY OF FAIRFAX,LINN COUNTY,IOWA FROM 9 RS: SINGLE FAMILY RESIDENTIAL DISTRCT TO 5 RM: MULTI-FAMILY RESIDENTIAL DISTRICT Fairfax City Council Agenda-June 9, 21009 Page I 11. Public Hearing—7:00 PM a. Written and oral comments on the application of Synergy Development Group,LLC,owner o ' property generally located North of Prairie Creek Estates Third Addition to the City of Fairfax and South of Highway 151,more particularly described in Exhibit A,on file at Fairfax City Hall to change the zoning from 9 RS: Single Family Residential district to 5 RM: Multi-Family Residential district 12. Review and place on file Planning and Zoning's RECOMMENDATION NO 2009-04 13. Consider ORDINANCE NO.86,pertaining to the Fairfax Zoning Code a. Consider introduction of ORDINANCE NO.86 b. Consider motion to suspend the rule requiring that an ordinance be voted on for passage at two council meetings prior to this meeting with respect to ORDINANCE NO.86 c. Consider motion for final passage and adoption with respect to ORDINANCE NO. 86,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,GENERALLY LOCATED NORTH OF PRAIRIE. CREED ESTATES THIRD ADDITION TO THE CITY OF FAIRFAX AND SOUTH OF HIGHWAY 151,LINN COUNTY,IOWA FROM 9 RS: SINGLE FAMILY RESIDENTIAL DISTRCT TO 5 RM: MULTIFAMILY RESIDENTIAL DISTRICT 14. Public Hearing—7:00 PM a. Written and oral comments on amending the Fairfax Zoning Ordinance of 2000, Fairfax, Iowa,by amending Section 1.07.J CN: Conservation/Public Use District 15. Review and place on file Planning and Zoning's RECOMMENDATION NO 2009-05 16. Consider ORDINANCE NO.87,pertaining to the Fairfax Zoning Code a. Consider introduction of ORDINANCE NO. 87 b. Consider motion to suspend the rule requiring that an ordinance be voted on for passage at two council meetings prior to this meeting with respect to ORDINANCE NO. 87 c. Consider motion for final passage and adoption with respect to ORDINANCE NO. 87, AN ORDINANCE AMENDING THE FAIRAX ZONING ORDINANCE OF 2000 OF THE CITY OF FAIRFAX, IOWA,BY AMENDING PROVISIONS PERTAINING TO SECTION 1.07.J. CN: CONSERVATION/PUBLIC USE 17. Consider ORDINANCE NO. 88,pertaining to parking regulations a. Consider introduction of ORDINANCE NO.88 b. Consider motion to suspend the rule requiring that an ordinance be voted on for passage at two council meetings prior to this meeting with respect to ORDINANCE NO.88 c. Consider motion for final passage and adoption with respect to ORDINANCE NO 88,AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF' FAIRFAX,IOWA, 2007,BY ADDING A NEW SUBSECTION PERTAINING TO PARKING REGULATIONS 118. Consider ORDINANCE NO.89�,pertaining to stormwater management a. Consider introduction of ORDINANCE NO.89 b. Consider motion to suspend the rule requiring that an ordinance be voted on for passage at two council meetings prior to this meeting with respect to ORDINANCE NO. 89 c. Consider motion for final passage and adoption with respect to ORDINANCE NO 89,AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF FAIRFAX,IOWA,2007,BY ADDING A NEW CHAPTER 100, STORMWATER MANAGEMENT 19. Consider motion to approve Star Bar,Travis Otto,Building Permit 20. Area Residents' Letters and Petitions Concerning Prairie View Estates Rezoning Ideas Fairfax City Council Agenda-June 9, 2009 Page 2 21. Commercial Court Detention Basin: a. Consider Resolution to approve Schrader Excavating/Grading Change Order No. I - Contract Amendment No. I b. Consider Resolution to approve Schrader Excavating/Grading Pay Request No. 2 (Final) 22. East Cemetery Road Drainage Project: a. Consider Resolution to approve or deny Change Order No.2--Arensdorf Excavating b. Consider Resolution to approve Arensdorf Excavating/Trucking's Pay Request No.2 c. Project Concerns 3. Consider Resolution Setting Public Hearing for Plans, Specifications,Form of Contract, and Estimated Cost of Water Main Replacement Program—Phase 1 Improvements Project 24. Consider Resolution to Approve Naming Depositories 25. Consider Resolution to Adopt a Policy for the Investment of Public Funds 26. Consider Resolution Authorizing the Transfer of Funds for the Library and Fire Department 2008-2009 Fiscal Year End Balances 27. Consider motion to purchase planters and plants for City Hall 28. Hawks Ridge Park Playground.Fundraiser Activities 2'9. Consider motion to purchase trench box 30. Consider motion to approve a roofing bid for the park pavilion 31. Consider motion to appoint new Planning and Zoning Commission member 32. Consider motion to approve the claims list dated June 9, 2009 3 3. Reports a. Sheriff b. Library c. Fire Department d. Maintenance Department e. Parks Department f Visioning Committee 4.Discussion a. Opportunity for citizens not on agenda 35. Clerk comments 36. Mayor comments 37. Adjournment Fairax City Council Agenda -June 9, 2009 Page 3 Utility illin Month End Worksheet Month of 1. Month Utilities Receivables on � �_ �,���• ��.p (Date) (Billing Register) 2. Billing of Penalties on (Date-Penalty alculation) 3. Total Billed (Add lines 1 &2) 4. Adjustments to Balance (Adjustment Report) ` 2 5. Net Receivables (Add/Subtract Lines 3, 4) j•�� G. Less Payments Received(Deposits for month) Za. 7. Current Utilities Receivables (Calculated) (Subtract line from 5) r�2� 8. Current Utilities Receivables(Delinquent Account) . 9. Current Credit Balances (Trial Balance) 14. Current Utilities Receivable(Trial Balance) 221,1 LF 11. Difference (Zero if balanced) 221 12. Balance due City as of l ', (supporting documents on El.) Date Prepared Date Approved �� Prepared By �(AVVAA'A&A' Approved.By ` OBPASTRP Fra May 29, 2009 10;30 AM *** CITY OF YAIRYAX IA *** OPER; DTT PAGE I 10.19.05 DELINQUENT ACCOUNT LISTING CYCLE ALL SERV CODE ALL ACCOUNT NO/CU'S'TOMER NAME LAST PMT' AMOUNT ACTUAL AMT TIME CUSTOMER ADDRESS DATE PERIOD 1 PERIOD 2 PERIOD 3 PERIOD 4 DUE DUE (BGT') DELQ ------------------------------------------------------------------------------------------------------------------------------------ 5700 MATT STARSCEVICH 5/27/09 11,86 .00 ,00 .00 11.86 ,010 5 650OF' t!A'TT WILLEMSEN 10/17/06 .00 ,00 .00 38.40 38,40 .010 1114OFCARRIIE EMERSON 11/18/08 .00 ,00 .00 117.14 117.14 CIO 3 16100E SEAN CASEY/KATHY KING 6/18/08 .00 .00 .00 35.13 35,13 .001 15600E CARL EMERSON 7/14/08 .00 ,00 .00 758,38 756.38 .001 3 17004 TRAVIS KROUSIE 5/27/09 15,00 .00 ,00 .00 15,00 010 1 21000 BETTY J STALLMAN 5/19/09 46.37 .00 .00 .00 46.37 .00 3 22300 S'TE'VE & MARY HUBER 5/27/091 3.5,00 .00 .00 .00 15,00 .00 2 24700 RICK WISEMAN 5/17/091 36.87 69.51 137.05 .00 243.43 .00 1 2700OF ANTHONY MOORE 10/15/04 .00 ,00 .00 37,51 37.51 ,010 27504E LE'ROY MORGAN ,00 .00 .00 170.88 170,88 .010 36900 ROBERT HUGHES 5/19/09 56.93 .00 .00' .00 56,93 .001 7 3860OF' ROCHELLE STONE .00 ,00 .04 223.62 223.62 010 38601E ROCHELLE STONE .00 Oa .00 6,36 6.36 .00 40200 LISA HALM-WERNER 5/27/09 15,00 .00 .00 .00 15.00 ,00 6 41100 WENDELL & MEGAN CAN 5/27/09 15.00 .00 .00 Co. 15,00 .00 8 415007 JENNIFER RASOR 1/18/09 .00 .00 .00 28,91 26.91 .010 4 44100 MARY JO & RONN BEEBE 5/27/091 15.00 .00 .00 ,00 15.00 00 2 44101 MARY JO & RONN BEEBE 5/27/091 15,00 .00 .00 .00 15.00 C10 1 44200 JANICE ROWLAND 5/17/091 .10 .00 ,00 DO ,10 CIO 1 44300 RICHARD BENN 5/17/091 .18 ,00 .00 O0 .18 .010 4880OF' CORY STEELE 7/16/06 .00 .00 ,00' 40.41 40,41 .00 48801F CORY STEELE 11/17/05 .00 .00 ,OO' 6.31 6,31 .010 49800 CHARLES ADAMS 5/27/09 .50 ,00 .00 .00 ,50 ,00 5 50000 JOHN WINEGARDEN 5/17/09 2.00 ,00 00 .00 2,00 .00 53700 RANDY KREMER 5/17/09 3.00 .00 .00 ,00 3.00 ,00 1 66600 MAC XPRESS 5/27/09 15,00 .00 ,00 .00 15.00 .010 4 68600 MIKE SCHMITZ 5/17/491 5.00 .00 .00 .00 5.00 .010 7090OF ELIZABETH ESTRADA ,00 ,00 co 121.50 121,50 CIO 1 DISCONNECT EXEMPT. E FINAL BILLED. "TIME DELQ' # OF TIMES DELINQUENT IN THE LAST 12 MONTHS. I UBPASTRP Tri May 29, 2009 10,30 AM *** CITY OF FAIRFAX IA *** OPER; DTI PAGE 2 10.19.05 DELINQUENT ACCOUNT LISTING *** REPORT TOTALS *** ACCOUNT NO/CUSTOMER NAME LAST PMT AMOUNT ACTUAL : T TIME CUSTOMER ADDRESS DATE PERIOD 1 PERIOD 2 PERIOD 3 PERIOD 4 DUE DUE (BGT) DELA ------------------------------------------------------------------------------------------------------------------------------------ REPORT TOTALS SERVICES 228.13 68.06 137.05 1361.68 1794.92 TAX 1.10 1.45 .00 40.87 43.42 PEN 38,58 .00 .00 90.00 128.58 MISC .00 .00 .00 90.00 90.00 TAX .00 .00 .DO .00 .00 PEN .00 .00 00 .00 .00 TOTALS 267.81 69.51 137.05 1582.55 2056,92 .0�0 Receipts/Expenditures by Fund 31 May 09 May Receipts General Fund 57,133.96 Road Use Tax 11,067.07 T 8 A Meter Deposits 810.00 Water Fund 14,351.72 Sewer Fund 15,335.25 Garbage Fund 6,765.33 TIF 52,702.14 Employee Benefits 2,880.12 SRF Bond Retirement Fund 8,580.00 Savings-FD Fireworks 4,910.00 Savings FD Equipment 1,682.19 Fairfax Visioning 1,878.00 Total Revenue: 178,095.78 May (Expenses General Fund 165,204.26 Draiinage/Detention Project 44,116.14 Road Use Tax 3,664.16 Employee Benefits 2,890.38 Water Fund 3,318.66 Sewer Fund 7,887.50 Garbage Fund 12,141.42 T&A,-Meter Deposits 250.64 Water Main Project 110,568.05 Fairfax Visioning 64.60 Totall Expenses: 1150,105.81 Transfer out General (FD Budget) 38,325.00 Transfer out TIF 485,623.75 WWTF- 4,025.00 Ttall Transfers out: 527,973.75 Transfer in Debt Service 527,973.75 Total Transfer in: 527,973.75 N N N N N N N N N N N N N N N N M -p C C C C C C C 0 0 0 O O 0 0 O O O O O O O F E E E E E E E 0 E E E E E E E LU CD CD (O [4 CO CO M — (D CO (D to (D CD 0 N N N N N (A N N N N N NN� N L L L L L L L N L L L L L C C C C C C C (d C C C. a) 0 0 0 O O 0 0 ,0 O O O O OCO O F E E E E E E E N E E E E E E E 1010 100 00 oO N 00 00 r N 100 N 00 CO 00 (Dr 40) 0 0a) � C77070 007 O 00 + 0 C) T r 0 10 0 0 c- d d d T 0 T ddd 100 N0000 00 N d 0 0 N N N N — N N N N N -14 N N N ❑ LOO r O d Q O O TM„ IM O — M T M M — M N N M M M N M COM (D CO T CD (D r (D 00 r M CD M r CD M 10 0 0 0 0 0 0 0 0 0 10 a o 0 0 r 000 00 1000 LO LO 00 00 LO I� M M 0 T T L(7 M U'l IQ M T Vf M Ln M E Itr 'gry co (n NNtNN co N M IN ({i yw H m to I- 00 Ln (D (D 0 ti 1` to I- 00 f� 07rno M0 Ca 0700 070 0 0 0 0 ' OY! 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I� w H I� •� � w � w b � �7 v • '� �' [ W gD -0 tin City of Fairfax Balance Sheet As of May 31,2009 May 31, 09 ASSETS Current Assets Checking/Savings Fairfax Visioning 4,041.15 Certificates of Deposit General Fund 357,170.26 Sewer Fund 47,759.11 Total Certificates of Deposit 404,929.37 Checking Account Drainage/Detention Project 280,792.73 General Fund36,402.93 Special Revenue Road Use Tax 82,191.72 Employee Benefits 11,596.80 TIF Fund 166,954.50 Total Special' Revenue 260,743.02 Debt Service Fund 527,973.75 Enterprise Fundl Water Main Project 405,926.33 Water 65,063.72 Sewer 82,222.34 Garbage 31,256.35 Lagoon/WWTF Project 164,400.35 SRF Bond Fund 74,701.20 Trust & Agency 16,144.36 Total Enterprise Fund 739,714.65 Total Checking Account 1,845,627.08 Savings Accounts Parks Dept -Guaranty 13,428.98 General - Murphy Land 16,461.68 Parks Department FFSB 1,783.64 Arbor Team 1,120.94 FD Equipment Memorial Fund 5,188.50 Public Education 340.51 Regular Savings 20,049.12 Total FD Equipment 25,578.13 FD Fireworks 23,220.94 Library Gifts & Bequests Pagel City of Fairfax Balance Sheet As of May 31,2009 May 31, 09 Memorials 1,911.63 Library Gifts & Bequests - Ot... 15,881.58 Total Library Gifts & Bequests 17,793.21 Local Option 2004-2005 Sewer Improvements 60,183.79 Total Local Option 2004-2005 60,183.79 Total Savings Accounts 159,571.31 Total Checking/Savings 2,414,168.91 Total Current Assets 2,414,168.91 TOTAL ASSETS 2,414,168.91 LIABILITIES & EQUITY Equity 3000 - Opening Bal Equity 1,067,855.79 Net Income 1,346,313.12 Total Equity 2,414,168.91 TOTAL LIABILITIES & EQUITY 21414,168.91 Mage 2 Certificates of Deposit Balance Sheet As of May 31,2009 May 31,09 ASSETS Current Assets Check!ng/Savi'ngs General Murphy Land 4610013670, 20,183.31 GeneralMurphy Land-Other -20,183.31 Total General l!Murphy Land 0.00 Nature Trail Project 60012463 27,353.86 Total Nature Trail Project 27,353.86 General Fundl Maintenance Fund 08 60018546 6,081.45 Total Maintenance Fund 08 6,081.45 Maintenance Fund 07 6001245'4 6,564.93 Total Maintenance Fund 07 6,564.93 Maintenance Fund 60008316 6„862.01 Total Maintenance Fund 6,862.01 Library 6001999111 194,204.80 10274 8,753.54 10679 8,161.28 Total Library 211,119.62 Park 10180 14,422.27 60010224 4,177.61 Total Park 18,599.88 Policy&Administration 60008575 2,735.80 10681 8,161.29 60011428(9208) 24,021.09 60007237 6„793.00 Total Policy&Administration 41,711.18 Transportation 10680 8„161.29 6001023'3 30„716.04 Total Transportation 38,877.33 Total General l'Fund 329,816.40 Sewer Fund 60011277(8940) 7,212.35 60011660 40,546.76 Pagel Certificates of Deposit Balance Sheet As of May 31, 2009 May 31,09 Total Sewer Fund 47,759.11 Total Check!nglSavings 404,929.37 Total Current Assets 404,929.37 TOTAL ASSETS 404,929.37 LIABILITIES & EQUITY Equity Opening Bal Equity 197,403.74 Retained Earnings 36,788.48 Net Income 170,737.15 Total Equity 404,929.37 TOTAL LIABILITIES& IEQUITY 404,929.37 Page 2 STATE OF IOWA Counties of Linn and Johnson ss. i I,Dave Storey, do state that I am the publisher of THE GAZETTE, a daily newspaper of general circulation in Linn. and Johnson Counties,in Iowa. The notice, a printed copy of which is attached,was inserted and published in THE GAZETTE newspaper in the issue(s) of June 19, 2009. Tho iea';c�.alyle a., for kwbli $317.53 I I This instrument was acknowledged by Dave Storey before me on June 19, 2009. Notary Public in and for the State of Iowa adr�K. m57j� 7 6oaNOOr �siu C it