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HomeMy WebLinkAbout09-08-2009 Council Meeting CITY OF FAIRFAX REGULAR CITY COUNCIL MEETING SEPTEMBER 8, 2009 The regular meeting of the Fairfax City Council was held Tuesday, September 8, 2009,at Fairfax City Hall. Mayor Voss called the meeting to order at 7:010 PM. Council members present: JoAnn Beer, Bernie Frieden, Jason Rabe, Marc Magers, and Marianne Wainwright. Other city staff present: Cynthia Stimson,Ron Dusil,Dan Zamastil, and Dave Yanecek. Motioned by Frieden, seconded by Beer to approve the agenda and clerk's reports. Ayes: Beer, Frieden, Rabe, Magers, and Wainwright. Motion carried. Motioned by Rabe, seconded by Beer to approve and place on file the City Council minutes from August 11, 2009 and August 28, 2009 as well as the Visioning Committee minutes from August 25, 2009. Ayes: Beer,Frieden,Rabe, Magers, and Wainwright. Motion carried. Linn County Deputy Sheriff Tim Payne presented the list of calls for August. Linn County Supervisor Jim Houser and Linn County Attorney Jeff Clark were present to discuss the proposed water tower lease with Linn County. City Attorney Randy Scholer stated. that we still need information about the location of the shed, location and weight of the antennas, and how they will be placed on the tower. Jim Houser stated that they will place the shed where we want it and that the equipment is being engineered with all standard practices being followed, Marc Magers stated that the City feels that Linn County should pay some of the expenses the City has incurred because of this project. Jim Houser requested the City draft a written request that he could present to the Linn County Board of Supervisors. Randy Scholer will look at the types of costs and draft a request letter based on the activity percentages. Mayor Voss, Marc Magers, and Bernie.Frieden will serve as a City committee to resolve the outstanding issues of this project. The technical specifications will be sent to Ron Dusil and Dave Yanecek. Motioned by Magers, seconded by Frieden to approve RESOLUTION 2009-44,A RESOLUTION APPROVING'THE WATER TOWER LEASE WITH LINN COUNTY, pending approval of the cost sharing arrangement and the Exhibit A specifics. Roll Call Vote Ayes: Beer,Frieden, Rabe, Magers, and Wainwright. Motion carried. Mayor Voss declared RESOLUTION NO.2009-44 duly adopted. Motioned by Rabe, seconded by Beer to approve RESOLUTION 2009-45,A RESOLUTION APPROVING THE IOWA DEPARTMENT OF TRANSPORTATION AGREEMENT FOR A TRANSPORTATION ENHANCEMENT PROGRAM PROJECT.. Roll Call Vote: Ayes: Beer, Frieden,Rabe, Magers, and Wainwright. Motion carried. Mayor Voss declared RESOLUTION NO, 2009-45 duly adopted. Motioned by Beer, seconded by Frieden to approve the building permit application from John Dennis to place a shed on his property at 519 Williams Blvd.. Ayes: Beer, Frieden, Rabe, Magers, and Wainwright. Motion carried. City Engineer Shane Wicks discussed the Water Main Replacement Program, Phase I Improvements Project. Rathje Construction plans to bring two crews into town the week of September 21. The IDOT is requiring a study about the retaining wall. Shane Wicks gave an update about the Remote Read Water Meter Project. He is working on the business plan and the project must be ready to go for bids by the end of October. The Council asked Dick Ransom about the Commercial. Court retention basin. During the last heavy rain,the water was cutting through this area very fast. Dick stated Hall and Hall will look at the basin and make any necessary changes. Dick Ransom stated that they plan to cut off hoses at the waste treatment plant on September 28 or 29. Mayor Voss stated that Paul Nagel has completed his portion of the project at 510 Church Street. Area residents should be given a week notice before the demolition. Ron Dusil gave an update on the water tower painting. The exterior is complete. The crew hopes to have the inside completed by Monday, September 14. The paint then has to cure for one week,before the tower can be filled. The city clerk was directed to have the City join DATA for the IDOT CDL program. Discussion was held on the revisions of the employee manual. Mayor Voss will check on a question about the FLSA. Shane Wicks and JoAnn Beer presented information about the Hawks Ridge Grading Improvement Plan. The City cannot afford to do this entire plan, Dan Zamastil will see that the playground equipment is placed to the east in the hole and then he will back fill after installation. An invoice from Ever-Green Landscape Nursery& Supply was discussed and will be paid from the Murphy land account money. JoAnn Beer presented a proposed layout of a train viewing park. The future placement of a trail has been incorporated. The next step is to talk to the Union Pacific Railroad. The was no information about a salt and sand bunker. The City is to get bids for bulk salt and sand. Motioned by Rabe, seconded by Magers to approve the claims list dated September 8 2009. Ayes: Beer, Frieden,Raabe,Magers, and Wainwright. Motion carried. Mike Sankot said that the fire department has a drive in the back for an alternate exit from the Fairfax Fire Station,they will be doing some truck repair, and they have been working on hooking up the generator. Ron Dusil stated that a residence has started running dirt bikes again. Ron is to keep a. log of the activity and Mayor Voss will contact the home owner. Maintenance of the south entrance sign area was discussed. JoAnn Beer instructed the maintenance department to mow the prairie grass. The Visioning Committee will view the area and make a recommendation about what is needed. Joe Blood and several other residents were here to discuss the water problem along East Cemetery Road. Dick Ransom will locate an elevations study of this area and make a list of some low cost options. Steve and Phyllis Pittman stated that they feel the City of Fairfax should require a final grade inspection for a building project. They live on Whirlaway Lane and the Homeowner's Association is looking at some high costs to correct the grading,to fix water problems. Dick Ransom said he has a grading plan for that area and will review this to see if it was done correctly. William Gibney stated that he wants to fill in the ditch in front of this address and place culverts. It was suggested he place cleanouts and a catch basin.. He was directed to talk with the City's maintenance staff. JoAnn Beer asked about the status of parking near Forester Marine. Dave Yanecek will talk to him again about the parking and street use regulations. The city clerk gave a reminder that she and Mayor Voss will be attending the Iowa League's Conference September 23, 24, and 25; election papers are due back by 5:00 PM on September 17; and that she would like to take pictures for the website tonight. Motioned by Wainwright„ seconded by Rabe to adjourn the meeting. Ayes: Beer, Frieden,Rabe, Magers, and Wainwright. Motion carried. Mayor Voss adjourned the meeting at 9:23 PM. Mayor Bill Voss City Clerk Cynthia Stimson. Disclaimer: The foregoing minutes are not official until approved by the City Council. CLAIMS LIST SEPTEMBER.8,2009: Adam Langreck Refund) 60.00 Allegra Print Forms 100,51 Alliant Energy Electriicity 4,790.84 Baker&Taylor Books 2,164.56 Bayne School/Office Bulletin board 105.00 Ben Mitchell Refund 90.00 Brandon Baker Refund 60.00 Carus Phosphates Chemicals 1,176.44 Catering By Design Books 22.75 Cathy Bayne Reimbs 765.27 Cedar Rapids Photo Equipment 104.62 ChadtJessica Herold Refund 60.00 Chad Arp Drainage system 590.00 Chris Miller Reimb 57.08 City Carton Recycling 50.00 City of Fairfax Applied)to bill 90.00 Clarey's Gear 176.34 Cody L.Luther Reimb for training 963.00 Costigan Cons Labortmaterials 514.30 Country Extra Subscription 20.00 Crawford Quarry Rock 59.67 CTS Textile Matstuniforms 307.16 Damir Osmankic Refund 60.00 Data Tech Software update 85.00 David Mentzer Deposiit Refund 60,00 Demco Supplies 465.47 Elan Postage 1,096.73 Ever-Green Landscape Wood chips 3,840.00 Fairfax Bank Taxes 6,216.26 Faraway Grocery items 57.78 Fastenal Anchors 17,56 Fauser Fuel 505.45 Food/Family Subscription 6.99 Gazette Publishing 168.96 Golden Horse Books 13.77 Hall&Hall Eng Fees 13,527.40 Hawkeye Fire/Safety Extinqulisher/Ace 132,00 1 Wireless Phone 74.22 IIDNR Water'Use Permit 135.00 Iowa Codification Update fees 340.00 Iowa League DATA fee 100.00 Iowa Title Co Abstract fees 291.00 ITERS Taxes 2,695.86 Jeremiah Lehr Refund 120.00 John Claussen Refund 60,00 John's Lock[Key Key system 485.00 JC Refuse,Inc. Services 7,396.00 Ken-Way Pumped)tank 500.00 Keystone Lab Tests 633.34 Kirkwood Training 260.00 Lakeside Equip Shear pin 56.00 LC REC Electricity 1,718.23 Unweld Cylinder rental 13.51 Matthew Ternus Refund 66.77 Menards Various items 1,265.46 Merta Concrete Laborlmaterials 2,600.00 Mid American Gas 199.24 Mike/Julie Walsh Refund 60.00 Mike Sankot Reimb groceries 74.73 Nancy Terpstra Books 336.00 011inger Garage Doors Rock damage 380.00 Oriental Trading Supplies 164.72 ORKIN Exterminating 59.56 Pace Supply Supplies 147.10 Paul Nagle Asbestos removal 4,900.00 Penworthy Books 425.18 Perfection Learning Books 500.67 Port'O'Johnny Services 285.00 Prairie Road Bdirs Street work 27,074.15 Pumpkin Books Reading materials 283,16 Schimberg Elbowsfikt 266.50 Shirley Jones refund 60.00 Simmons Perrine Legal fees 292.50 Snap-On Tools Voltage sensor 49.98 South Slope Phones 536.38 Staples Various supplies 627.90 State Library of IA Intemet1EBSCO 74.86 Storm Steel Tubing, 12.42 Strategic Print Contract 115.20 Sue Kramer Landscaping fees 500.00 Swank Motion Pic Movie rental 196.00 Terry/Wendy Cox Refund 60.00 The Sled Shed Fuel tank 25.08 Thomas Bouregy Co Books 139.50 UPS Shipping fee 10.35 US Cellular Phone bill 183.32 USPO Bulk mailing fee 609.67 Van Meter Ind Lamp 31.25 'tidli'eltmark insurance 2,397.53 Net salaries 18,352.81 Total Claims: 116,822.08 AUGUST RECEIPTS General Fund 5,919.52 Road Use Tax 12,416.11 TlA Meter Deposits 630.00 Water Fund 14,801.81 Sewer Fund 13,149.33 Garbage Fund 7,159.82 Bond Retire Fund 8,652.00 Certificates of Deposit 615.80 Parks Savings FSSB 2,666.00 Fire Dept Equip Fund 540.00 Firemen's Fund 25,00 (LOST 19,621.46 Total Revenue: 86,196.85 AUGUST EXPENSES General Fund 55,487.02 Road Use Tax 2,734.41 Water Fund 19,153.46 Sewer Fund 18,783.83 Garbage Fund 7,342.25 7&A-Meier Deposits 750.00 Drainage/Detention Project 3,666.00 Water Main Project 7,664.20 Remote Read Project 550,00 Total Expenses: 116,131.47 Transfers Out: Certificate of Depost 18,962.84 Park Savings-FSSB 6,558.17 Drainage/Detention Project 13,303.00 LagoonAAJW-rF Project 57,743.02 Total transfers out: 96,567.03 Transfers In: General Fund 50,293.34 Water Fund 19,759.43 SewerFund 26,514.26 Total transfers in: 96,567.03 RESOLUTION NO. 2009- 5 A RESOLUTION APPROVING THE IOWA DEPARTMENT OF TRANSPORTATION AGREEMENT FOR A TRANSPORTATION ENHANCEMENT PROGRAM PROJECT WHEREAS, the City of Fairfax desires to construct a trail along Highway 151 from Prairie Avenue to East Cemetery Road, and WHEREAS,the Iowa Department of Transportation has agreed to provide funding to the City of Fairfax for the authorized and approved costs for eligible items associated with the development of the Fairfax Trail Along Highway 151 From Prairie Avenue to East Cemetery Road project; and WHEREAS, the Iowa Department of Transportation has submitted an Iowa Department of Transportation Agreement for a Transportation Enhancement.Program Project. NOW,THEREFORE,BE IT RESOLVED, that the City of Fairfax agrees to enter into the Iowa Department of Transportation Agreement for a Transportation Enhancement Program Project. BE IT FURTHER RESOLVED, by the City Council of the City of Fairfax, Iowa, that the Mayor and City Clerk are hereby directed to certify this resolution of approval and the Mayor and City Clerk are authorized to sign the Iowa Department of Transportation Agreement for a Transportation Enhancement Program Project. Passed and approved this 8th day of September, 2009. ,AYES: Beer,Frieden, Rabe,Magers, and Wainwright NAYS: None ABSENT: None Bill Voss,Mayor ATTEST: Cynt is Stimson, City Clerk Iowa Department s ate CEN800 Lincoln Way, Ames, IA 50010 515-239-1252 NINO Fax: 515-233-7857 September 14, 2009 The Honorable Bill Voss City of Fairfax P.O. Box 337 Fairfax, lA 52228-0337 RE: Fairfax Trail Along Hwy 151 From Prairie Avenue to East Cemetery Road, City of Fairfax STP-E-2462(6011)--8V-57, Agreement x`09-STPE-139 Dear Mayor Voss: Enclosed is one copy of an executed Local Public Agency (LPA) and Iowa Department of Transportation (Iowa DOT) agreement for the above referenced project. This agreement is NOT an authorization to expend funds. Prior to incurring any costs that will be reimbursed with federal funds, authoriization by the Federal Highway Administration (FHWA), must be obtained. In addition, the City of Fairfax must complly, with the provisions set forth in this agreement to ensure that eligible project costs may receive federal aid reimbursement. Thank you for your assistance. If you have questions, !I can be reached by telephone at 515-239-1252 or by e-mail at yvonne.diller@dot.iowa.gov. Sincerely„ Yvonne Diller Office of Systems Planning YD:plr Enclosure cc: Deb Coles, Office of Finance (with copy of enclosuure) Shawn Majors, Office of Program Management (letter only) IOWA DEPARTMENT OF TRANSPORTATION (DOT) AGREEMENT FOR A TRANSPORTATION ENHANCEMENT PROGRAM PROJECT . PROJECT NAME: Fairfax Trail Along Hwy 151 From Prairie Avenue to East Cemetery Road' RECIPIENT: City of Fairfax. PROJECT NUMBER: STP-E-2462(601)-8V-57' IOWA DOT AGREEMENT NUMBER. 09-STPE-130 This is an agreement between the City of Fairfax, hereinafter referred to as RECIPIENT and the Iowa Department of Transportation, hereinafter referred to as the DEPARTMENT. Iowa Code Sections 306A_7 and 307.44 provide for the RECIPIENT and the DEPARTMENT to enter into agreements with each other for the purpose of financing transportation improvement projects in Iowa with Federal) funds. The RECIPIENT proposes a Transportation Enhancement (TE) project for funding under Sec. 133(b)(8) and Sec. 101(a)(35)-of Title 23, United States Code. The Transportation Equity Act for the 21St Century (TEA-21), enacted in 1998, reestablished the Surface Transportation Program (STIP). Federal regulations provide that STP funds for the TE program are to be administered by the DEPARTMENT. The Office of Management and Budget (OMB) Circular A-133 requires the RECIPIENT to report the Catalog of Federal Domestic Assistance (CFDA) number and title on all Federal-Aid projects. The RECIPIENT will use CFDA #20.25 and title, "Highway Planning and Construction"' for this project. This information should be reported in "The Schedule of Expenditures of Federal Awards". Pursuant to the terms of this agreement, applicable statutes, administrative rules, and programming by the DEPARTMENT and the East Central Iowa Council of Governments, the DEPARTMENT agrees to provide funding to the RECIPIENI'T'for the authorized and approved costs for eligible items associated with the development of the Fairfax Trail Along Highway 151 From Prairie Avenue to East Cemetery Road. In consideration of the foregoing and the mutual promises contained in this agreement, the parties agree as follows: 1. The RECIPIENT shall be the lead organization for carrying out the provisions of this agreement. t 2. Ali notices required under this agreement shall be made in writing to the DEPARTMENT's and/or the RECIPIENT's contact person. The DEPARTMENT's contact person shall be Yvonne Diller, Transportation Enhancement Project Manager, Office of Systems Planning, 800 Lincoln Way, Ames, Iowa 50010, telephone 515-239-1252, email yvonne.diller@d'ot.iowa.gov. The RECIPIENT'S contact person shall be Shane Wicks, Assistant to City Engineer, 1860 Boyson Road, Hiawatha, Iowa, 52233, telephone 319362-9548, email shaine@halleng.com. halleng.com. 3. The RECIPIENT shall be responsible for the development and completion of the following described project: Construction of Fairfax Trail Along Highway 151 From Prairie Avenue to East Cemetery Road in Fairfax. The estimated total cost is $627,500. 4. Eligible project costs for the project described in Section 3 of this agreement, which are incurred after the date of IFederal Highway Administration (FHWA) authorization shall be paid as follows: TE Funds $502,000 Local Contribution $125,500 Project Total $627,500 5. The local contribution stated above may include cash or non-cash contributions to the project. The RECIPIENT shall certify to the DEPARTMENT the value of any non-cash contribution to the project prior to it being incurredl. For right of way contributions, the RECIPIENT shall submit an appraisal from a qualified independent appraiser. The DEPARTMENT reserves the right to review the RECIPIENT'S certificate of value and has sole authority to determine the value of the RECIPIENT'S non-cash contribution for the purposes of this augreement. If, as a result of the DEPARTMENT's determination, the RECIPIENT'S total cash and non- cash contribution is Ibelow that stated in the terms of this agreement, the RECIPIENT shall increase its cash contribution iin order to complete the RECIPIENT'S local contribution, or the grant and/or loan amount associated with this Iproject shall be reduced accordingly. 6. The portion of total Iproject costs paid by Transportation Enhancements Program grant shall not exceed the amount stated above ($502,000) or 80 percent of the total cost of the eligible items, whichever is the smaller amount. Cost overruns shall be paid solely by the applicant. 2 7. Project activities or costs eligible for funding include only those items set out in Exhibit A, which is attached hereto and by this reference incorporated into this agreement, and which are necessary to complete the project as described in Section 3. 8. Activities or costs ineligible for funding include, but are not limited to, those items set out in Exhibit B, which is attached hereto and by this reference incorporated into this agreement. 9. Notwithstanding any other provisions of this contract, if funds anticipated for the continued fulfillment of this contract are at any time not forthcoming or insufficient, either through the failure of the State of Iowa to appropriate funds or discontinuance or material alteration of the program for which funds were provided, the DEPARTMENT shall have the right to terminate this contract without penalty by giving not less than ninety (90) days written notice. 10.The DEPARTMENT reserves the right to delay reimbursement of funds to the RECIPIENT if necessary to maintain a positive cash flow. If such a delay is necessary and lasts more than five (5) working days, the DEPARTMENT shall so notify the RECIPIENT lin writing and shall give the RECIPIENT an estimate of when reimbursement might be expected. The DEPARTMENT shall establish a system to equitably make reimbursements to all RECIPIENTS so affected. 11.The RECIPIENT shall submit to the DEPARTMENT, no later than thirty (30) days subsequent to the RECIPIENT's signature date on this agreement, a timetable outlining the project schedule_ Failure to do so by the RECIPIENT may be considered a default under this agreement. 12.The RECIPIENT must have let the contract or have construction started within two (2) years of the date this project is approved by the DEPARTMENT. Approval was granted by the DEPARTMENT on June 4, 2009. If the RECIPIENT does not do this, they will be in default for which the DEPARTMENT can revoke funding commitments. This agreement may be extended for periods of up to six (6) months upon receipt of a written request from the RECIPIENT at least sixty (60) days prior to the deadline. 13.This agreement will become null and void if the project described in Section 3 drops out of the East Central Iowa Council of Governments current Transportation Improvement Program (TIP) or the DEPARTMENT approved current Statewide Transportation Improvement Program (STIP) prior to authorization of Federal funds. 14.If any part of this agreement is found to be void and unenforceable, the remaining provisions of this agreement shall remain in effect. 3 15.It is the intent of both parties that no third party beneficiaries be created by this agreement. 16.This agreement shall be executed and delivered in two (2) or more copies, each of which so executed and delivered shall be deemed to be an original and shall constitute but one and the same instrument. 17.This agreement is not assignable without the prior written consent of the DEPARTMENT. 18.If the project described in Section 3 of this agreement crosses a DOT primary road, then. A. The RECIPIENT shall convey title to the State of Iowa, by quit claim deed, to any rigiht of way necessary for the primary road crossing, all at no cost to the DEPARTMENT. However, the DEPARTMENT shall prepare detailed legal descriptions and plats. The general configuration of'the right of way to be conveyed shall be agreed to by the RECIPIENT and the DEPARTMENT prior to the survey. B. The RECIPIENT shall submit six (6) copies of plans for all primary road system crossings to the DEPARTMENT's contact person for review and approval by the District Offices for necessary permits and the Offices of Design and Maintenance with regard to crossing design and location, signing„ fencing, safety, maintenance, compliance with access control policy, etc. Said approval shall be obtained before the RECIPIENT proceeds with the construction of any primary road system crossing. C. The use of primary highway right of way for this project's purpose shall be subject to any rights enjoyed by any existing utility lines presently within the right of way. If excavation of a utility line over which this project has been placed is necessary for any reason, the utility shall be responsible for proper backfilling of said excavation to ground level. The RECIPIENT shall be responsible for any inecessary resurfacing or restoration. D. The use of primary highway right of way for this project's purpose shall be subject to any future plans for reconstruction, improvement, maintenance, and/or relocation of the highway by the DEPARTMENT. Any relocation of this project necessary because of said plans shall be at the expense of the RECIPIENT, all at no cost to the DEPARTMENT. 19.The RECIPIENT shall acquire the project right of way, whether by lease, easement or fee title and shall provide relocation assistance benefits and payments in accordance with the procedures set forth in the DEPARTMENT's Right of Way Manual. The RECIPIENT shall contact the DEPARTMENT for assistance, as necessary, to ensure compliance with the required procedures, even if no federal fundis in the right of way purchase are involved. The RECIPIENT will need to get environmental concurrence before acquiring any needed right of way. With prior approval, hardship and protective buying is possible. If the RECIPIENT requests Federal-aid participation for right of way acquisition, the RECIPIENT will need to get environmental concurrence and FHWA authorization before (purchasing any needed right of way. 20.The RECIPIENT shall comply with the Policy for Accommodating Utilities on City and County Federal-aid Highways Right of Way and the Policy for Accommodating Utilities on the Primary Road System when on the DEPARTMENT's Right of Way. Certain utility rellocation, alteration, adjustment, or removal costs to the RECIPIENT for the project may be eligible for Federal-aid reimbursement in accordance with the FHWA rules applicable to the type of utility involved and Iowa Code Chapter 306A. 21.The RECIPIENTshall be responsible for obtaining any permits, such as the Right to Occupy and/or Perform Work Withiin the Right of Way, Permit of Access, Utility Accommodation, Right to Install and Maintain Traffic Control Devices, and/or other construction permits required for the project prior to the start of construction. In addition, the Recipient shall certify to the DEPARTMENT's contact person that all known required environmental permits have been received and that all environmental regulations have been complied with before funds are reimbursed or credited. Neither the approval of the project application for funding nor the signing of this agreement shall be construed as approval of any required permit from the DEPARTMENT. 22.Traffic control devices, signing, or pavement markings installed within the limits of this project shall conform to the "Manual on Uniform Traffic Control Devices for Streets and Highways" per 76 Iowa Administrative Code (IAC) Chapter 130. The safety of the general public shall be assured through the use of proper protective measures and devices such as fences, barricades, signs, flood lighting, and warning lights as necessary. 23.In the event that right of way is required for the project, said right of way will be acquired' in accordance with 761 IAC Chapter 111, Real Property Acquisition and Relocation Assistance, and the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. 5 24.The project plans, specifications and cost estimate shall be prepared and certified by a professional engineer, architect aindlor landscape architect, whichever applies, licensed to practice in the State of Iowa. The RECIPIENT shall submit the plans, specifications and other agreement documents to the DEPARTMENT for review. This submittal may be in divisions and in the order of preference as determined by the RECIPIENT. However, the plans„ specifications and other agireement documents for each division must be submitted at least thirty (30) days prior to the project letting of each division. The DEPARTMENT shall review said submittal(s) recognizing the RECIPIENT's development schedule and shall, after satisfactory review, authorize in writing the RECIPIENT to proceed with implementation of the project. The work on this project shall be in accordance with the survey, plans, and specifications on file. Any modification of these plans and specifications must be approved by the DEPARTMENT priior to the modification being put into effect. 25.The RECIPIENT shall be responsible for the dally inspection of the project. For projects let to contract, the RECIPIENT shall compile a daily log of materials and quantities. For projects constructed with local forces, the RECIPIENT shall compile a daily log of materials, equipment and labor on the project. The DEPARTMENT reserves the night to inspect project activities and to audit claims for funding reimbursement. The purpose of the inspection or audit is to determine substantial compliance with the terms of this agreement. 26.The RECIPIENT shall maintain all books, documents, papers, accounting records, reports andl other evidence pertaining to costs incurred for the project. The RECIPIENT shall make such materials available at all reasonable times during the construction period and for three (3) years from the date of final reimbursement, for inspection by the DEPARTMENT, FHWA or any authorized representatives of the (Federal government. Copies of said materials shall be furnished by the RECIPIENT if requested. 27.The RECIPIENT may submit to the DEPARTMENT periodic itemized claims for reimbursement for eligible project costs. Reimbursement claims shall include certification that all eligible project costs for which reimbursement is requested have been completed in substantial compliance with the terms of this agreement. 28.The DEPARTMENT will reimburse the RECIPIENT for properly documented and certified claims for eligible project costs, less a withholding of five (5) percent of the Federal andlor State share of construction costs.. (Reimbursement will be made either by State warrant or by crediting other accounts from which payment was initially made. If, upon final audit or review, the DEPARTMENT determines the RECIPIENT 6 has been overpaid/, the RECIPIENT shall reimburse the overpaid amount to the DEPARTMENT. After the final audit or review is complete and after the RECIPIENT has provided all required paperwork, the DEPARTMENT will release the Federal or State funds withheld. 29.Upon completion of the project described in this agreement, a professional engineer, architect and/or landscape architect, whichever applies, licensed to practice in the State of Iowa shall certify in writing to the DEPARTMENT that the project activities were completed in substantial compliance with the plans and specifications set out in this agreement. In addition, prior to final reimbursement for the project, the RECIPIENT shall furnish three (3) sets of"as-built" plans of the project to the DEPARTMENT. Final reimbursement of funds, including retainage, shall be made only after the DEPARTMENT accepts the project as complete. 30.If, in the opinion of'the RECIPIENT, the specific provisions of this agreement requiring the services of a professional engineer, architect and/or landscape architect, whichever applies 'licensed to practice in the State of Iowa prove to be burdensome to the RECIPIENT or otherwise not in the public interest, and if the RECIPIENT decides that the provisions of this agreement can be otherwise complied with without endangering public safety, the RECIPIENT may request that said provisions be waived on all or specific parts of tlhe project identified by the RECIPIENT, Such request shall be made in writing to the DEPARTMENT's contact person who shall, after consultation with other DEPARTMENT staff'as necessary, make the final determination concerning said waiver. If said waiver is granted, all provisions of this agreement requiring the services of a professional engineer, architect and/or landscape architect, whichever applies, licensed to practice in the State of Iowa. shall be performed by.the RECIPIENT's contact person or designee. 31.The RECIPIENT agrees to indemnify, defend and hold the DEPARTMENT harmless from any action or liability arising out of'the design, construction, maintenance, placement of traffic control devices, inspection or use of this project. This agreement to indemnify, defend and hold harmless applies to all aspects of the DEPARTMENT's application review and approval process, plan and construction reviews and funding participation. 32.This agreement may be declared to be in default by the DEPARTMENT if the DEPARTMENT determines that the RECIPIIENT's application for funding contained inaccuracies, omissions, errors or misrepresentations, or if the DEPARTMENT determines that the project is not developed as described in the application. 33.If the RECIPIENT fails to perform any obligation under this agreement, the DEPARTMENT shalll have the right, after first g,iiving thirty (30) days written notice to the RECIPIENT by certified mail return receipt requested, to declare any part or, all of this agreement in default. The RECIPIENT shall have thirty (30) days from the date of the mailing of the notice to cure the default. If the RECIPIENT cures the default, the RECIPIENT shall notify the DEPARTMENT no later than five (5) days after the cure or before the end of said thirty (30) day period given to cure the default. Within ten (10) working days of receipt of the RECIPIENT's notice of cure, the DEPARTMENT shall issue either a notice of acceptance of cure or a notice of continued default. 34.In the event a default is not cured, the DEPARTMENT may revoke funding commitments and/or seek repayment of funds granted by this agreement. By signing this agreement the RECIPIENT agrees to repay said funding if they are found to be in default. Repayment methods must be approved by the Transportation Commission and may include cash repayment, installment repayments with negotiable interest rates, charges against the RECIPIENT's share of road use tax funds, or other methods as approved by the Commission. 35.In case of a dispute concerning the terms of this agreement, the parties shall submit the matter to arbitration pursuant to IIAC 679A (2003). Either party has the right to submit the matter to arbitration after ten (10) days notice to the other party of their intent to seek arbitration. The written notice must include a precise statement of the disputed question. The DEPARTMENT and the RECIPIENT agree to be bound by the decision of the appointed arbitrator. Neither party may seek any remedy with the state or federal courts absent exhaustion of the provisions of this section for arbitration. 36.The RECIPIENT shall maintain, or cause to be maintained for the intended public use, the improvement for twenty (20) years from the completion date in a manner acceptable to the DEPARTMENT. Failure to comply with this provision may be considered a default of thiis agreement. 37.The RECIPIENT shall comply with all provisions of the equal employment opportunity requirements prohibiting discrimination and requiring affirmative action to assure equal employment opportunity as required by the IAC 216 (2003). No person shall, on the grounds of age, race, creed, sex, color, national origin, religion, or disability, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the RECIPIENT receives state funds from the DEPARTMENT. 8 38.The RECIPIENT shall conduct the project develiopment and implementation in compliance with applicable laws, ordinances and administrative rules. For portions of the project let to bid, the RECIPIENT shall advertise for bidders, make a good faith effort to get at least three (3) bidders and hold a public letting for the project work. Prior to awarding the contract, the RECIPIENT shall provide the DEPARTMENT file copies of project letting documents within five (5) working days after the letting. The RECIPIENT must wait for DEPARTMENT concurrence before making the final award. Additionally, for projects where federal highway funds or federal non- highway funds are used to match the project, the RECIPIENT shall also follow all administrative and contracting procedures, which would normally be used when such funds are used. The RECIPIENT shall comply with all requirements for use of said funds as outlined in Exhibit C. 39.The RECIPIENTshall include in their Notice to (Bidders that Sales Tax Exemption Certificates will be issued, as provided for by Iowa Code Section 423.3, subsection 80. The RECIPIENT shall be responsible for obtaining the sales tax exemption certificates through the Iowa Department of Revenue and Finance. The RECIPIENT shall issue these certificates to the successful bidder and any subcontractors to enable them to purchase qualifying materials for the project free of sales tax. 40.This agreement, as set forth in items 1 through 40 herein, including referenced exhibits„ constitutes the entire agreement between the DEPARTMENT and the RECIPIENT concerning this project Representations made before the signing of this agreement are not binding, and neither party has relied upon conflicting representations in entering into this agreement. Any change or alteration to the terms of this agreement must be imade in the form of an addendum to this agreement. Said addendum shall become effective only upon written approval of the DEPARTMENT and the RECIPIENT. IN WITNESS WHEREOF, each of the parties hereto has executed this Agreement Number 09-STPE-139 as of the date shown opposite its signature below. RECIPIENT- City of Fairfax By- _` �'� Date: , 2009 Title. I, .11]9"i'E A/A �- AWA 0 , certify that I am the City Clerk and that t ' U o-s , who signed said Agreement for and on behalf Of r was duly authorized to execute the same by virtue of a f rmal Resol tion duly passed and adopted by the City on the F-9 day of_ C' o , 2009 Signed f Date f ""'Z" , 2009 City Clerk of X , Iowa IOWA DEPARTMENT OF TRANSPORTATION Planning, Programming and Modal Division 800 Linco Way, Ames, Iowa 50010 r- f By: Date: �1 ' 2009 Stuart P. Anderso Director Office of Systems Planning 10 EXHIBITA Eligible Project Costs for Usage of Transportation P-nhancement Funds Project activities or costs eligible for Transportation Enhancements funding assistance include: o Land acquisition, including appraisal and negotiation. Land may be acquired by lease, easement or fee title. o Construction of the project. o Design engineering and construction inspection directly associated with the project. 11 EXHIBIT B Ineligible Project Costs for Usage of Transportation Enhancement Funds Project activities or costs not eligible for TE funding assistance include: o Any and all costs incurred prior to the execution of an agreement and written receipt of federal concurrence in environmental clearance for a project. o Routine maintenance of the project. o Overhead and operating costs -such as auditing, legal and administrative costs- associated with the project. o Expenses associated with the preparation and submission of a project application. o Utility costs not necessitated by the project. o Purchase of office furnishings or equipment, construction equipment or personal property. 1 EXHIBIT C Standard Previsions for Use of Federal-Aid 1. Since this project is to be financed in part with local and Federal funds, the Recipient shall take the necessary actions to comply with applicable State and Federal laws and regulations. In all programs and activities of Federal-aid recipients, sub- recipients and contractors,'no person in the United States shall be excluded from participation in, be denied) the benefits of, or be otherwise subjected to discrimination on the grounds of race, color, national origin, sex, age, or handicap/disability. While no specific commitment or numeric goal has been established for this project, the Recipient is encouraged, in accordance with Title 49, Code of Federal Regulations- Part 26 (49 CFR 26 , to make a good faith effort to ensure that disadvantaged business enterprises have the maximum oipportunity to compete for and perform contracts. 2. The Recipient must ireceive notice of FHWA authorization from the DOT before beginning any work for which federal-aid reimbursement will be requested. The cost of work occurring prior to securing FHWA authorization will not be reimbursed with federal-aid funds. The Recipient must contact the DOT to obtain the procedures necessary to secure FHWA authorization. 3. The Recipient shall take the appropriate actions and prepare the necessary documents to fulfill the FHWA requirements for project environmental studies including historical/cultural reviews and location/design approval. The Recipient shall complete any mitigation agreed upon in the (FHWA approval document. If farmland is to be acquired, whether for use as project right of way-or permanent easement, the Recipient shallsubmit the U.S. Department of Agriculture Farmland Conversion Impact Rating form when required, to the U.S. Natural Resources Conservation Service (NRCS). 4. The Recipient shall certify to the DOT's contact Iperson that all known required environmental permits have been received and that all environmental reguilations have been complied with before funds are reimbursed or credl'ited. 5. The Recipient shall) obtain agreements, as needed, from railroad and utility companies and shall obtain project permits and approvals, when necessary, from the Iowa Department of Cultural Affairs (State Historical Society of Iowa; State Historic Preservation Offiicer), Iowa Department of Natural Resources, iU.S. Coast Guard, U.S. Array Corps of Engineers and the DOT, etc. 6. General requirements and covenants (Division 11 1) of the DOT's standard specifications shalll apply to all projects let at the .DOT. 7. The project plans, slpecifcations and project cost estimate (PS&E) shall be prepared and certifiied by a professional engineer licensed to practice in the State of Iowa. The Recipient shall submit the plans, specifications and other contract documents to the DOT for review and authorization to let the project. 8. The project shall be constructed under the DOT's Standard Specifications and applicable special provisions. Prior to their use in the PS&E, specifications developed by the Recipient for individual construction items shall be approved by the DOT. 9. The Recipient shalll comply with the procedures and responsibilities for materials testing and construction inspection according to the DOT's Instructional Memorandum (I.M.'s). The DOT will bill the Recipient for testing services according to its normal policy. 10. If Federal-aid is requested for in-house engineering services, the Recipient. will follow the procedure outlined by the DOT, The Recipient, desiring to claim indirect costs under Federal awards, must (prepare an indirect cost rate proposal and related documentation in accordance with the requirements of the Office of Management and Budget (OMB) Circular A- 87 - Cost Principles for State, Local, and Indian Tribal Governments. Reimbursement eligibility requires an indirect cost rate proposal to be certified by the governmental unit designated cognizant agency or the Federal agency providing the largest amount of Federal funds to the governmental unit. 11. If Federal-aid is requested for preliminary and/or construction engineering costs, the Recipient will select a consultant(s) in accordance with the DOT's consultant selection process. 14 12. The Recipient and the Consultant shall prepare a consultant contract for engineering services in according with Title 23, Code of Federal Regulations, Part 1172 -Administration of Negotiated Contracts (23 CFR 172). This is required only if the Recipient uses federal funds for engineering services. 13. After the contents of the consultant contract have been mutually approved,. the Recipient shall execute the contract and forward the same to the DOT for authorization only if federal funds are used for engineering services. 14If preliminary engineering is federally funded, if the "do nothing" alternate is not selected, and if right of way acquisition for or actual construction of the project is not starrted by the close of the tenth fiscal year following the fiscal year in which the Federal-aid Project Agreement is executed, the Recipient will repay to the DOT an amount equal to the amount of federal funds made available for such engineering. 15. The Recipient shall forward a Federal-aid Project Development Certification and final PS&E to the DOT. Following FHWA's authorization, the DOT will advertise the project for letting and furnish the Recipient with a sample letting package. As a condition for the DOT to let the package, the Recipient agrees that the Recipient has the financial resources to proceed with the project if bids submitted are 1110% of the project cost estimate or less. If the Recipient is a city, the Recipient shall comply with the public hearing irequirements of the Iowa Code Section 384.102. 16. Procurement procedures shall be as follows unless some other method is considered to be cost effective (such as the use of Recipient local forces), is proposed by the Recipient, and is approved by the DOT. A. Procurement by small purchase procedures. Small purchase procedures are those relatively simple and informal' procurement methods for securing services, supplies, or other property that do not cost more (in aggregate) than $25,000 for cities and $50,000 for counties. If small purchase procedures are used, price or rate quotations will be obtained from an adequate number of qualified sources. 15 B. Procurement by sealed bids (formal advertising). Bids are publicly solicited and a firm fixed-price (lump sum or unit price.) is awarded to the responsible bidder whose bid, conforming with all the material terms and conditions of the invitation for bids, is the lowest in Iprice. C. Procurement by competitive proposals. The technique of competitive proposals is normally conducted with more than one source submitting an offer, and with a fixed-price or cost- reimbursement type contract is awarded. It is generally used when conditions are not appropriate for the used of sealed bids. D. Procurement by non-competitive proposals is procurement through solicitation of a proposal from only one source, or after solicitation of a number of sources, competition is determined inadequate. Procurement by non-competitive proposals may be used only when the award of a contract is infeasible under small purchase procedures, sealed bids, or competitive proposals and one of the circumstances noted in Title 49 Code of Federal Regulations - Part 18.36 Procurement. The Recipient shall notify the DOT of the procurement method it intends to use. If procurement method "C" or`D" above is selected, the Recipient shall include justification for its selection and obtain approval from the DOT. 17. For contracts let to sealed bid, the letting shall be conducted by the DOT's Office of Contracts unless specifically requested and approved otherwise by the parties hereto. 18. If portions of the project are let to sealed bid by the Recipient, the Recipient shall advertise for bidders five (5) days before the letting, make a good faith effort to get at least three (3) bidders„ hold a public letting and award contracts for the project work. DOT concurrence in the award must be obtained prior to the award. The Recipient shall provide the DOT file copies of project letting documents within five (5) days after the letting. If the Recipient is not a political subdivision of the State of Iowa, the Recipient shall comply with the applicable laws„ administrative rules and procedures for pubillc purchasing and contracting as applicable to political subdivisions of the State of Iowa. 19. When let by the DOT, the DOT will prepare an 'I'owa DOT Staff Action for concurrence to award the contract. The DOT will mail three (3) originals of the unexecuted contract(s) to the Recipient. 16 20. The Recipient shall take action to award the contract or reject all bids. Following award of the contract and signature by the lowest responsive bidder, the Recipient shall forward to the DOT two (2) copies of the fully executed contract, two (2) copies of the performance bond and two (2) copies of the certificate of insurance. 21. If Federal-aid is requested for force account construction, the Recipient will follow the procedure outlined by the DOT. 22. The Recipient shall l assure compliance with Section 165 of the Surface Transportation Assistance Act of 1982, 49 U.S.C. 1601, Section 337 of the Surface Transportation and Uniform Relocation Assistance Act of 1987, and Title 49 Code of Federal Regulations - Parts 660 and 661 regarding "Buy America" provisions on the procurement of foreign products and materials. 23. The Recipient shall assure that all contracts entered in furtherance of this project shall contain the following provisions: a. Contain notice of awarding agency requirements and regulations pertaining to reporting. b. Contain a provision allowing access by the IDOT, the Federal Highway Administration, the Comptroller General of the United States, or any of their duly authorized representatives to any records of the contractor which are directly pertinent to that specific contract for the purpose making audit, examination„ excerpts and transcriptions. c. Contain a provision requiring retention of all required records for three years after the contracting agency makes final payments and all other pending matters are closed. d. Contain mandatory standards and policies relating to energy efficiency, which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub.L.94-163, 89 Stat. 871). e. All contracts for construction or repair shall require compliance with the Copeland "`Anti-Kickback" Act (18 U.S.C.874) as supplemented in, Department of Labor regulations (29 CFR part 3). 17 f. If the project is within a Federal-aid highway right of way and is in excess of$2„000, the contract shall require compliance with the Davis-Bacon Act (40 U.S.C. 276a to 276a-7) as supplemented by Department of (Labor regulations (29 CFR part 5). g. Construction contracts in excess of$2,000 and other contracts in excess of$29500 which involve the employment of mechanics or laborers, shall require compliance with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330) as supplemented by Department of Labor (Regulations (29 CFR part 5). h. If the contract is for more than $10,000 it shall provide for termination for cause and for convenience by the contracting agency, including the manner by which it will be affected and the basis for settlement. i. Construction contracts in excess of$10,000 shall require compliance with Executive Order 11246 as of September 24, 1965, entitled "Equal Employment Opportunity” as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR chapter 60). j. If the contract is for more than $100,000 it shall contain administrative contractual or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as may be appropriate. It also requires compliance with all applicable standards, orders, or requirements issued under Section 306 of the Clean Air Act (42 U.S.C. 1857(h), Section 508 of the Clean 'Fater Act (33 U.S.C, 1368), Executive Order 11738, and Environmental Protection Agency Regulations (40 CFR part 15). 24. The DOT will prepare the Federal-aid Project Agreement and submit it for FHWA approval and obligation of Federal-aid funds. 25. If the project right of way is federally funded and if the actual construction is not undertaken by the close of the twentieth fiscal year following the fiscal year in which the Federal-aid project agreement is executed, the Recipient will repay the sum or sums of federal) funds in the right of way to the DOT. 26. If this agreement is to fund the Historical Preservation of a structure, the Recipient shall preserve the architectural, historical and cultural integrity of the structure by maintaining and repairing the property in compliance with "The Secretary of the Interior's Standards for Rehabilitating Historical Buildings". No alterations shall be made to the existing structure without 1 first obtaining the written consent of the State Historical Society of Iowa (State Historic Preservation Officer). 27. If the Recipient, within the next twenty (20) years after project completion, decides to sell the structure to a private party or lit is now under private ownership, the Recipient shall: A. Execute a recordable document for preserving the historical and architectural integrity for twenty (20) years from the date of receipt of public funds; or B. Repay the State of Iowa all the funds received by the Recipient. 28. If the Recipient elects to levy special assessments as a means of raising the local share of the total project costs, the Recipient shall reimburse the DOT in the amount that payments of Federal-aiid and collections of special. assessments, excluding interest and penalties, exceed the total cost of the public improvement as established by the provilsiions of Iowa Code Chapter 384. The Recipient agrees that at such time as its collections (exclusive of interest and penalties which shall be retained by the Recipient) from special assessments levied for this project exceed the local share in excess of the total project costs ('including interest and penalties associated with the amount of excess) within sixty (00) days of the receipt of any special assessment payments. The Recipient shall notify the DOT when any lands specially assessed no longer qualify for an, agricultural deferment of the special assessment, and notify the DOT when all special assessments have been satisfied. Tlhe DOT shall credit reimbursement billings to the FHWA in the amount of refunds received from the Recipient. 19, SEPTEMBER 8,2009 DILLS RECEIVED ON SEPTEMBER 8,2009—YET TO BE PAID IDNR $135.00 Water Use Permit. Menard's 09-03 $47.04 09-03 $38.25 09-04 $85.91 Total $171.20 Prairie Road Builders $47,9'8'4.15 Street Work Storm Steel 09-02 $12.42 Sue Kramer $500.00 Landscaping Fees GRAND TOTAL $48,802.77 Claims List dated 8 September 09 Checks 30942 - 31096 Fairfax Visioning Check 1036 Sue Kramer Landscaping fees 500.00 Total Visioning. 500.00 Drainage/Detention Project Check 30956 Iowa Title Company Contivation of Abstract 291.00 Check 31069 Crawford Quarry Co. Rock 59.67 Check 31079 Prairie Road Builders,Inc, Street work 7,074.00 Check 31089 Hall&Hall Engineers,Inc. Fees 305.20 Check 31092 Hall&Hall Engineers, Inc. Fees 998.25 Total Drainage/Detention, 8,728.12 General Fund Check ACH Elan Various items 826.78 Check DEBIT USPO Postage 162.59 Check 30943 Cathy Bayne Reimbursements 473.95 Check 30944 Baker&Taylor Books 1,158,74 Check 30945 Country Extra Subscription 20.00 Check 30946 Golden Horse,LTL] Books 13.77 Check 30947 Penworthy Books 163.99 Check 30948 Bayne School&Office Equipment Bulletin board 105.00 Check 30949 Demco,Inc. Supplies 465.47 Check 30950 Perfection Learning Corporation Books 500.67 Cheek 30951 City Carton Recycling 50.00 Check 30952 Cedar Rapids Photo Copy Equipment 37.67 Check 30953 Oriental Trading Company Supplies 164.72 Check 30954 Pumpkin Books Reading material 283.16 Check 30955 State Library of Iowa Internet access/EBSCO 74.86 Check 30957 Chris Miller Reimb USA Day Posters 57.08 Check 30958 011inger Garage Doors Rock damage 380.00 Check 30959 John's Lock and Key,Inc. Key system 485.00 Check 30961 Welimark Insurance 286.25 Check 30989 Catherine Bayne Wage 2,208.84 Check 30990 Raymond C.Davis Wage 189.66 Check 30991 Kathy J.Everett Wage 660.91 Check 30992 Jenna L.Mumm Wage 82.31 Check 30993 Loralei A. Pleiness Wage 236.88 Check 30994 Beth A.Wilz Wage 110.65 Check 31002 Fairfax State Savings Bank Taxes 833.40 Check 31003 IPERS Taxes 478.93 Check 31005 Paul Nagle Asbestos removal 4,900.00 Check 31008 CTS Textile Leasing Mats&uniforms 307.16 Check 31009 Van Meter Industrial, Inc. Fluorescent lamp 31.25 Check 31010 Ken-Way Sewer Service Locate&Pumped tank 500.00 Check 31011 Iowa Codification, Inc. Code update fees 340.00 Cheek 31012 UPS Shipping fee 10,35 Cheek 31013 Hawkeye Fire&Safety Co. Extinquisher,bracket,alarm 132.00 Check 31014 Allegra Print&Imaging Forms 100.51 Check 31015 Kirkwood Community College Training 225.00 Check 31016 Merta Concrete Labor&materials 2,600,00 Check 31017 Faraway Stores Grocery items 57.78 Check 31018 Strategic Print Solutions,Inc. Copy contract 115.20 Check 31019 Mike Sankot Reimb groceries 74.73 Check 31020 ORKIN Exterminating 59,56 Check 31021 Swank Motion Pictures, Inc. Movie rental 196.00 Check 31022 Snap-On Tools Voltage sensor 49.98 Check, 31023 Cody L.Luther Reimb for training 963.00 Check 31024 Clarey's Safety Equipment Gear 176.34 Check 31025 Alliant Energy Electricity 757.98 Check 31031 Mid American Energy Gas 144.42 Check 31033 Gazette Communications, Inc, Publishing 152.59 Check 31038 Staples Credit Plan Various supplies 627.90 Check 31039 Chad Arp drainage system 590.00 Check 31042 The Sled Shed Fuel tank 25.08 Check 31043 Fastenal Company Anchors 17.56 Check 31044 Cathy Bayne Reimbursements 291.32 Check 31045 Food&Family Subscription 6.99 Check 31046 Nancy Terpstra Books 336.00 Check 31047 Catering By Design Books 22.75 Check 31048 Thomas Bouregy&Company Books 139.50 Check 31049 Penworthy Books 261.19 Check 31050 Cedar Rapids Photo Copy Equipment 66.95 Check 31051 Pace Supply Janitorial supplies 147.10 Check 31052 Baker&Taylor Books 1,005.82 Check 31053 Menards-Cedar Rapids SO Various items 1,028.93 Check 31058 Linn County REC Electricity 24.69 Check 31060 South Slope Telephone Phones 536.38 Check 31061 Costigan Construction Labor&materials 514.30 Check 31062 Kirkwood Community College Training 35.00 Check 31063 Port'O'Johnny Services 285,00 Check 31064 Linweld,Inc. Cylinder rental 13.51 Check 31076 Ever-Green Landscape Nursery Wood chips 3,840.00 Check 31078 Iowa League of Cities DATA fee 100.00 Check 31084 Menards Creamer 8.34 Check 31086 Menards-Cedar Rapids SO Breakers 38.25 Check 31088 1 Wireless Phone 74.22 Check 31093 USPO Bulk mailing fee 92.50 Check 31095 Hall&Hall Engineers, Inc, Fees 5,855.30 Total General Fund: 38,389.71 Road Use Tax Check 31028 Alliant Energy Electricity 1,016.60 Check 31029 Fauser Energy Resources Fuel 505.45 Check 31055 Linn County REC Electricity 289.01 Check 31080 Prairie Road Builders, Inc. Street work 20,000.15 Total Road Use Tax: 21,811.21 Remote Meter Read Project. Check 31034 Gazette Communications,Inc, Publishing 16.37 Check 31091 Hall&Hall Engineers,Inc. Fees 385,00 Total Remote Meter Read: 401.37 Water Main Project Check ACH Elan Cate&posts 259.50 Check 31090 Hall&Hall Engineers,Inc. Fees 5,983.65 Total Water Main Project: 6,243.15 Water Fund Checlk. ACH Elan Postage 10,45 Check 30960 Wellmark Insurance 2,111.28 Check 30981 Matthew Tern us Refund-overpayment 66.77 Cheek 31027 Alliant Energy Electricity 553.22 Check 31030 Mid American Energy Gas 33.61 Check 31036 Carus Phosphates, Inc. Chemicals 1,176.44 Check 31037 Keystone Laboratories, Inc. Tests 47.00 Check 31041 Schimberg Co. Elbows 46.52 Check 31057 Linn County REC Electricity 1,074.22 Check 31070 Menards-Cedar Rapids SO Various items 84.34 Check 31085 Menards-Cedar Rapids SO Hose&plug 16.32 Check 31087 IIDNR Water Use Permit-831 135.00 Total Water Fund: 5,355.17 Sewer Fund Check Debit USPO Postage 262.08 Check 30972 Jeffrey A.Ammeter Wage 669.92 Check 30973 Ronald G.Dusil Wage 727.45 Check 30974 Nancy Flickinger Wage 93.92 Check 30975 Cynthia K.Stimson Wage 612.69 Check 30976 David Yanecek Wage 625.87 Check 30977 Daniel R.Zamastil Wage 613.41 Check 30978 Fairfax State Savings Bank Taxes 1,298.86 Check 30979 Keystone Laboratories, Inc, Tests 190.54 Check 30982 Jeffrey A.Ammeter Wage 601.37 Check 30983 Ronald G.Dusil Wage 652.05 Check 30984 Cynthia K.Stimson Wage 547.89 Check 30985 David Yanecek Wage 561.20 Cheek 30986 Daniel R.Zamastil Wage 551.70 Check 30987 Fairfax State Savings Bank Taxes 1,074.82 Check 30988 Nancy Flickinger Wage 2,777.71 Check 30995 Fairfax State Savings Bank Taxes 859.46 Check 30996 Jeffrey A.Ammeter Wage 601.37 Check 30997 Ronald G.Dusil Wage 652.04 Check 30998 Cynthia K.Stimson Wage 547.88 Check 30999 David Yanecek Wage 561.20 Check 31000 Daniel R.Zamastil Wage 551,70 Check 31001 Fairfax State Savings Bank Taxes 1,074.86 Check 31004 IPERS Taxes 2,216.93 Check 31026 Alliant Energy Electricity 2,463.04 Check 31032 Mid American Energy Gas 21,21 Check 31040 Schimberg Co, Elbows&lid 219.98 Check 31054 Menards-Cedar Rapids SO Gloves&water stop 11.73 Check 31056 Linn County REC Electricity 330.31 Check 31059 Lakeside Equipment Corporation Shear pin 56.00 Check 31067 US Cellular Phone bill 183.32 Check 31068 Keystone Laboratories,Inc. Tests 395.80 Check 31071 Jeffrey A.Ammeter Wage 601.37 Check 31072 Ronald G.Dusil Wage 652.03 Check 31073 Cynthia K.Stimson Wage 547.89 Check 31074 David Yanecek Wage 561,20 Check 31075 Daniel R.Zamastil Wage 551.70 Check 31077 Fairfax State Savings Bank Taxes 1,074.86 Check 31082 Storm Steel Tubing 12.42 Check 31083 Menards-Cedar Rapids SO Various items 77.57 Cheek 31094 USPO Bulk mailing fee 92.50 Total Sewer Fund: 26,779.85 Garbage Fund Check 31035 Data Technologies,Inc. Software update 85.00 Check 31064 Johnson County Refuse,Inc. Services 7,396.00 Check 31066 Simmons Perrine,PLC Legal fees 292.50 Total Garbage Fund: 7,773.50 Trust&Agency Check 30962 Adam Langreck . Deposit refund 60.00 Check 30963 John Claussen Deposit refund 60.00 Check 30964 Terry&Wendy Cox Deposit refund 60.00 Check 30965 David Mentzer Deposit refund 60,00 Check 30966 Brandon Baker Deposit refund 60.00 Check 30967 Chad&Jessica Herold Deposit refund 60,00 Check 30968 Jeremiah Lehr Deposit refund 120.00 Check 30969 Mike&Julie Walsh Deposit refund 60.00 Check 30970 Shirley Jones Deposit refund 60.00 Check 30980 Damir Osmankic Deposit refund 60.00 Check 31006 Ben Mitchell Deposit refund 90,00 Check 31007 City of Fairfax Applied to(sill 90.00 Total Trust&Agency: 840.00 Total Claims: 116,822.08 AGENDA FAIRFAX CITY COUNCIL, REGULAR MEETING TUESDAY,SEPTEMBER 8,20099 AT 7:00 PM FAIRFAX CITY HALL—525 VANDERBILT STREET Tentative agenda with passible action on the following items: 1. Call to order 2. Roll call 3. Approval of agenda and clerk's financial reports 4. Approval of and place on file: a. City Council minutes dated August 28,2009 b. City Council minutes dated August 11,2009 c. Visioning Committee minutes dated August 25,2009 5. Water tower lease 6. Consider RESOLUTION to approve Fairfax Trail Agreement with IDOT 7. John Dennis building permit application Water Main Replacement Program,Phase I Improvements Project 9�. Remote Read Water Meters Project 10. Retention basin issues 11. Waste treatment plant hoses 12. 510 Church Street property update 13. Water tower painting 14. IDOT program participation 15. Employee manual revisions 16. Hawks Ridge grading improvement 17. Ever-Green Landscape Nursery& Supply invoice 18. Union Pacific Train Viewing Park 19. Salt and sand bunker . 20. Consider motion to approve the claims list dated September 8,2009 21. Reports a. Sheriff b. Library c. Fire Department d. Maintenance Department e. Parks Department f. Visioning Committee 22. Discussion a. Opportunity for citizens not on agenda 23. Clerk's comments 24. Mayor's comments 25. Adjournment Fairfax City Council Agenda— September 8,2009 Page 1 Fairfax Visioning Committee Next Meeting Tuesday, September 22, 2009, 7:00 P.M. at the Fairfax Public Library Agenda: Approve minutes Approve treasurer's report Christmas House Walk Train Viewing Project Other reports and citizens not on the agenda Meeting#71 The Fairfax Visioning Committee met on Tuesday, August 25, 2009, 7:00, at the Fairfax Public Library. Members present included Joann Beer,Vernon Cerveny, Jack Rowray, Cathy Stober, Jason Rabe,Mary Rita Meyers, and Mark Pingenot. Joann Beer called the meeting to order at 7:OOPM. Cathy Stober made a motion to approve the minutes, seconded by Mary Rita Meyers. Motion carried Cathy Stober gave the treasurer's report. The committee presently has $4014 remaining funds. However with expected incoming bilis,the majority of this will be spent. The committee is waiting for the $15,000 reimbursible grant which will then be repaid to the city. JoAnn will ask Mark Pigenot to check on the status of this grant money. . The next fundraising event may be a Christmas house walk.The members of this committee will contact members of the Fairfax community to secure homes and volunteers for this project. Homes for the housewalk should be secured by the next meeting, so planning can begun for this project. The committee next discussed the train viewing project. This project will be included with the trails project. A ten foot wide bike trail is planned from East Cemetery Road to the corner of Vanderbilt and Losey Streets. The train viewing area will be along Losey Street near the train tracks. A fence will need to be placed approximately 25 feet from the center of the tracks between the training viewing area and the tracks. Joann will pursue grant money through a Union Pacific grant opportunity. Also, grants from Trees Forever will also be sought. Mark Pingenot conducted an interview with the committee members regarding the entire visioning process and the results. The members were very positive regarding the progress Fairfax has made over the last five years with the support Mark Pingenot and Trees Forever. Mark will forward a copy of his report to this committee. The next meeting will be on Tuesday, September 22"d at 7:OOPM at the Fairfax Public Library. The meeting adjourned.at 8:40PM. Respectfully submitted, Mary Rita Meyers Utility .filling Month End Worksheet Month of 1. Month Utilities Receivables on 4 , (Dat (Billing Register) 2, Billing of Penalties on (Druce-Penal Calculation) 3. Total Billed (Add lines 1 &2) � . 4. Adjustments to Balance (.Adjustment Report) 5. Net Receivables (Add/Subtract Lines 3, 4) 6. Less Payments Received (Deposits for month) 7. Current Utilities Receivables (Calculated) (Subtract line 6 from 5) . 8. Current Utilities Receivables (Delinquent Account) 9. Current Credit Balances (Trial Balance) 10. Current Utilities Receivable (Trial Balance) ��q •� 11. Difference (Zero if balanced) 12. Balance due City as of �° i�• _ _ (Supporting documents on file) Date Prepared °� IAA Date Approved f Prepared By Approved By�, •° UBPASTRP F'rb Aug 28, 2009 3:01 PM *** CITY OF FAIRFAX IA *** OPER: DTI PAGE 1 05.12.09 DELINQUENT ACCOUNT LISTING CYCLE ALL SERV CODE ALL ACCOUNT NO/CUSTOMER NAME LAST PMT AMOUNT ACTUAL AMT" TIME CUSTOMER ADDRESS DATE PERIOD 1 PERIOD 2 PERIOD 3 PERIOD 4 DUE DUE (BGfl DELQ ------------------------------------------------------------------------------------------------------------------------------------ 2900 LINCOLN ALLEN 8/28/09 15.00 .00 .00 .00 15.00 .DO 6 4300 BRAD HANSEN 8/18/09 65.07 .00 .00 .00 65.07 .010 8 6500F MATT WILLEMSEN 10/17/06 .00 .00 .00 38.40 38,40 .C10 10800 MARY HARGRAFEN 8/18/09 36,43 .00 .00 .00 36.43 .00 2 11100E CARRIE EMERSON 11/18/08 .00 .00 .00 117.14 117.14 .C10 2 12600 .RAKE DIETRICH 8/25/09 2.15 .00 .00 .00 2.15 ,010 1 16100E SEAN CASEY/KATHY KING 6/18/08 00 .00 .00 35.13 35.13 .010 16104F CLIFF CROW 7/17/09 128.87 .00 .00 .00 128,87 ,010 7 16300 JE,F'F & DEE SHURTZ 8/18/09 .95 .00 .00 .00 .95 .010 2 16600F CARL EMERSON 7/14/08 .00 .00 .00 758.38 758.38 .00 1 18000 MICHELE JOHNSON 8/25/09 15.00 .00 .00 ,00 .15.00 .00 3 19200 JENNIFER BLONDIN 8/16/09 40,46 .06 .00 .00 40.52 .00 7 20000 NICK VOLK 8/25/09 15.00 .00 ,00 .00 15.00 .010 2 24700 RICK WISEMAN 8/16/09 74.91 68.60 .00 .00 143,51 .010 1 27000F' ANTHONY MOORE 10/15/04 .00 .00 .00 37.51 37,51 .00 27500F LEROY MORGAN 00 .00 .00 170.88 170.88 .010 28100 MARCEL WASHINGTON 8/25/09 14.45 .00 .00 .00 14.45 .01) 5 31905 NATHANIEL UNDERWOOD 8/25/09 14.74 .00 .00 .00 14.74 .00 3 34101 MARK BUDDE 8/16/09 1.00 .00 ,00 .00 1.00 .010 34300 JIM/KAREN MAPLE 8/25/09 15.00 .00 .00 .00 15,00 .00 1 34301 JIM/KAREN MAPLE 8/25/09 15,00 .00 .00 .00 15.00 .00 1 38600F ROCHELLE STONE .00 .00 .00 223.62 223.62 .010 38601E ROCHELLE STONE .00 .00 .00 6,36 6,36 .010 39401 JERRY SPAIGHT 8/18/09 8.26 .00 .00 .00 8.26 .00 40200 LISA HALM-WERNER 8/28/09 15.00 .00 .00 .00 15,00 40403 JAEDA SCHUPP 8/25/09 15.00 .00 .00 .00 15.00 .00 2 41100 WENDELL & MEGAN GAN 8/25/09 15.00 .00 .00 .00 15.00 .OD 10 41200 CHERI SNIDER 7/29/09 43.76 .00 .00 .00 43,76 .00 9 41500F JENNIFER RASOR 1/18/09 .00 .00 .00' 26.91 26,91 ,00 4 44800 ROiDNEY KUEHL 8/25/09 15,00 .00 .00 .00 15.00 .00 2 48800F CORY STEELE 7/16/06 .00 .00 ,00 40.41 40.41 .01O 48801E CORY STEELE 11/17/05 .00 .00 .00 6.31 6.31 .00 50401 ALBERT SANKOT 8/16/09 .02 .00 .00 .00 .02 .00 51200 STEPHEN STREFF 8/18/09 .16 .00 .00 .00 ,16 .010 51700 MARC MOREHOUSE 8/25/09 15.00 .00 .00 .00 15.00 .Gol 1 51701 MARC MOREHOUSE 8/25/09 15.00 .00 .00 .00 15.00 .00 1 53500 STARK ENTERPRISES, INC. 8/25/09 15.00 .00 .00 .00 15,00 .00 3 53501 STARK ENTERPRISES, INC, 8/25/09 15.00 .00 .00 .00 15.00 .00 2 56700 JOHN/'SANDY IKEDA 8/25/09 15,00 .00 .00 .00 15.00 .Gol 1 56701 JOHN)''SANDY IKEDA 8/25/09 15.00 ,00 ,00 .00 15,00 .00 1 57000 SCOTT/TANYA POWELL 8/25/09 15.00 .00 .00 ,00 15.00 .00 2 61000 ROBERT & SHARON VIZZINT 8/25/09 15.00 .00 .00 .00 15.00 .001 2 61001 ROBERT & SHARON VIZZINI 8/25/09 15.00 .00 .00 .00 15.00 .001 1 67600 AMT MILLER 8/25/09 15.00 .00 .00 .00 15.00 .001 2 68401 VICTOR LEW 6.42 .00 .00 .00 6.42 .001 69200 CASEY JOHANNES 7/17/09 67.75 .00 ,00 .00 67.75 .00 4 * DISCONNECT EXEMPT. F FINAL 31LLED. `TIME DELA' 4 OF TIMES DELINQUENT IN THE LAST 12 MONTHS, UBPASTRP Fri Aug 28, 2069 3;01 PM *** CITY OF FAIRFAX IA *** OPER; DTI PAGE2 05.12.09 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 [BGT� DELQ ------------------------------------------------------------------------------------------------------------------------------------ REPORT TOTALS SERVICES 63G.81 67.24 .00 1271.44 1975.49 TAX 9.42 1.42 .00 39.61 50.45 PEN 129.42 .00 .00 75.00 204.42 MISC 14.75 .00 .00 75.00 89.75 TAX .00 .00 .00 .00 .00 PEN .00 .00 .00 .00 .00 TOTALS 790.40 68.66 .00 1461.05 2320.11 '00 Certificates of Deposit Balance Sheet As of August 31,2009 _ Aug 31, 09 ASSETS Current Assets Check!ng/Savings General Murphy Land 4610013670 20,183.31 General Murphy 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 Fund Maintenance Fund 08 60018546 6,,158.17 Total Maintenance Fund 08 6,158.17 Maintenance Fund 07 60012454 6,564.93 Total Maintenance Fund 07 6,564.93 Maintenance Fund 60008316 6„862,01 Total Maintenance Fund 6,862.01 Library 6001 9991 194,204.80 10274 8,941.15 Total Library 203,145.95 Policy&Administration 60008575 2,735.80 10681 8,,.336.28 60023745(60011428) 24„324.09 60007237' 6„878.23 Total Policy&Administration 42,274.40 Transportation 10680 8,336.28 60010233 311,190.36 Total Transportation 39,526.64 Total General'Fund 304,532.10 Page 1 Certificates of Deposit Balance Sheet As of August 31, 2009 Aug 31,09 Sewer Fund — 4610081350(60011277)GB 7,304.83 60023763(60011660) 41,058.22 Total Sewer Fund 48,363.05 Total Checking/Savings 380,249.01 Total Current Assets 380,249.01 TOTAL ASSETS 380,249.01 LIABILITIES& EQUITY Equity Opening Bal Equlity 197,403.74 Retained Earnings 201,107.08 Net Income -18,261.81 Total Equity 380,249.01 TOTAL LIABILITIES& IEQUITY 380,249.01 Page 2 City of Fairfax Balance Sheet As of August 31, 2009 Aug 31, 09 ASSETS Current Assets Checking/Savings Fairfax Visioning) 3,987.21 Certificates of Deposit General Fund 331,885.96 Sewer Fund 48,363.05 Total Certificates of Deposit 380,249.01 Checking Account Drainage/Detentiion Project 107,167.26 General Fund33,342.25 Special Revenue Local Option 0�9 58,830.47 Road use Tax 1111,221.00 Employee Benefits 110,357.74 TIF Fund 11'77,111.32 Total Special Revenue 357,520.53 Enterprise Fund Remote Meter Read Project -3,299.45 Water Main Project 383,118.74 Water 70,520.37 Sewer 114,770.89 Garbage 23,657.91 Lagoon/WWTF Project 5,782.33 SRF Bond Fund 53,584.20 Trust & Agency 16,5,75.00 Total Enterprise Fund 664,709.99 Total Checking Account 1,162,740.03 Savings Accounts Parks Dept Guiaranty 2,095.44 General - Murphy Land 16,510.87 Parks Department FFSB 4,984.16 Arbor Team 1,125.04 FD Equipment Memorial Fund l 3,980.07 Public Education 340.51 Regular Savings 12,677.76 Total FD Equipment 16,998.34 FD Fireworks 13,634.14 City of Fairfax Balance Sheet As of August 31, 2009 Aug 31, 09 Library Gifts & Bequests Memorials 1,911.63 Library Gifts & Bequests - Ot... 6,054.75 Total Library Gifts & Bequests 7,966.38 Local Option 2004-2005 Sewer Improvements 60,403.73 Total Local Option 2004-2005 60,403.73 Total Savings Accounts 123,718.10 Total Checking/Savings 1,670,694.35 Total Current Assets 1,670,694.35 TOTAL ASSETS 1,670,694.35 LIABILITIES & EQUITY Equity 3000 . Opening Ball Equity 1,813,787.70 Net Income -143,093.35 Total Equity 1,670,694.35 TOTAL LIABILITIES & EQUITY 1,670,694.35 Receipts/Expenditures by Fund' 31 August 09 AUGUST RECEIPTS General Fund 5,919.52 Road l Use Tax 12„416.11 T&A Meter Deposits 630.00 Water Fund 14,801.81 Sewer Fund 13,149.33 Garbage Fund 7,159.82 Boind Retirement Fund 8,652.00 Certificates of Deposit 615.80 Parks Savings FSSB 2,666.00 Fire! Dept Equip Fund 540.00 Firemen's Fund 25,00 LOST 19,621.46 Total Revenue: 136,196.85 AUGUST EXPENSES General Fund 55,487.02 Road Use Tax 2,734.41 Water Fund 19,153.46 Sever Fund 18,783.83 Garbage Fund 7,342.25 T&A-Meter Deposits 750.00 Draiinage/Detention Project 3,666.00 Water Main Project 7,664.20 Remote Read Project 550.00 Total Expenses: 1'16,131.17 Transfer Out: Certificate of Depost 18„962.84 Parlk Savings- FSSB 6„558.17 Draiinage/Detention Project 13,303.00 L goonANWTF Project 57,743.02 Total transfers out: 96,567.03 Transfer In: General Fund 50,293.34 Water Fund 19„759.43 Seveir Fund 26,514.26 Total transfers in: 96,567.03 O O CO O � CC p. 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N O p C� N kj 4-ti F O kn Lr) M n I� 06 O [- N M C1 N -- M O i,n M N kj i V .-a fl, �D ct cG3 M N oo ti 00 c+� OO c G min O1 I� N M 00 M O M O N i V1 N •D cY Q� `-' R--�s CD 01-4 U V O L4 Q •� U U IV�p fl FyG� �4 N N fl G CD a CJD v� 0 CIS ti AGENDA FAIRFAX CITY COUNCIL REGULAR MEETING TUESDAY, SEPTEMBER 8,2009 AT 7:00 PM FAIRFAX CITY HALL--525 VANDERBILT STREET Tentative agenda with possible action on the following items: 1. Call to order 2. Roll call 3. Approval of agenda and clerk's financial reports 4. Approval of and place on file. a. City Council minutes dated August 28,2009 b. City Council minutes dated August 11,2009 c. Visioning Committee minutes dated August 25, 2009 5.. Water tower lease ti. Consider RESOLUTION to approve Fairfax Trail Agreement with IDOT 7. John Dennis building permit application & Water Main Replacement Program,Phase I Improvements Project 9,. Remote Read Water Meters Project 10. Retention basin issues 11. Waste treatment plant hoses 12, 510 Church Street property update 1.3. Water tower painting 14. IDOT program participation 1.5. Employee manual revisions 116. Hawks Ridge grading improvement 17. Ever-Green Landscape Nursery& Supply invoice 118. Union Pacific Train Viewing Park 19. Salt and sand bunker 20, Consider motion to approve the claims list dated September 8,2009 21. Reports a. Sheriff b. Library c. Fire Department d. Maintenance Department: e. Parks Department f. Visioning Committee 22. Discussion a. Opportunity for citizens not on agenda 23. Clerk's comments 24. Mayor's comments 2.5. Adjournment Fairfax City Council Agenda- September 8, 2009 Page 1 STATE OF IOWA Counties of Linn and Johnson ss. I, Dave Storey, do state that 1 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 September 17, 2009. The reasonable fee for publish ng said notice is $15392 This instrument was acknowledged by Dave Storey before me on September 18, 2009. Notary Public in and for tife State of Iowa bSanftK. i Numbw 753223 MY n Exores: Jane 11,2011