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Home My WebLink About11-10-2009 Council Meeting CITY OF FAIRFAX REGULAR CITY COUNCIL MEETING NOVEMBER 10, 2009 The regular meeting of the Fairfax City Council was held Tuesday,November 10, 2009, at Fairfax City Hall, Mayor Voss called the meeting to order at'7':00 PM. Council members present: JoAnn Beer, Bernie Frieden, Jason Rabe, Marc Magers, and Marianne Wainwright. Other city staff present: Cynthia,'Stimson,Nancy Flickinger,Dave Yanecek, and Lynn Miller,. JoAnn Beer asked that Item##34, e., i. be removed from the agenda. She and Nancy Flickinger are handling this issue. Motioned by Beer, seconded by Wainwright to approve the amended agenda and financial reports, Ayes: Beer,Frieden,Rabe, Magers, and Wainwright. Motion carried. Motioned by Rabe, seconded by Frieden to approve andp lace on file the City Council mhiutes from October 13, 2009,October 27, and November 4, 2009 as well as the Planning and Zoning Commission minutes from October 20, 2009. Ayes; Beer, Frieden, Rabe, Magers, and Wainwright. Motion carried. Mayor Voss announced that this was the time and place for the public hearing concerning the proposed amendment to the definition of family in Section 1,105 Rules and Definitions, Subsection B. of the Fairfax Zoning Ordinance of 2000 at 7:02 P'M. Notice of this public hearing was published in The Gazette on November 2, 2009. No one submitted written or oral comments. The City Council discussed wording of the definition and the nuisance procedure. Mayor Voss closed the public hearing at 7:10 PM. Motioned by Magers, seconded by Rabe to place on file the Planning and Zoning Commission's RECOMMENDATION NO. 2009-07 to approve this proposed amendment. Ayes: Beer, Frieden, Rabe, Magers, and Wainwright. Motion carried. Wainwright introduced ORDINANCE NO. 91, AN ORDINANCE AMENDING THE FAIRFAX ZONING ORDINANCE OF 2000, OF THE CITY OF FAIRFAX, IOWA, BY AMENDING PROVISIONS PERTAINING TO SECTION 1.05 — RULES AND DEFINITIONS, SUBSECTION B.DEFINITIONS. 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. 91. Ayes: Beer, Frieden, Rabe,Magers, and Wainwright. Motion carried.. Motioned by Magers, seconded by Rabe to give final approval and adoption to ORDINANCE NO. 91, AN ORDINANCE AMENDING THE FAIRFAX ZONING ORDINANCE OF 2000, OF THE CITY OF FAIRFAX,IOWA., BY AMENDING PROVISIONS PERTAINING TO SECTION 1..05—RULES AND DEFINITIONS, SUBSECTION B. DEFINITIONS. Roll call vote: Ayes: Rabe,Magers, and Wainwright. Nays: Beer and Frieden. Motion carried. Mayor Voss announced that this was the time and place for the public hearing concerning a.General Obligation Water Improvement Loan and Disbursement Agreement for the Water Meter Replacement and Upgrade to an Automatic Meter Reading System Project at 7:14 PM. Notice of this public hearing was published in The Gazette on November 2, 2009. No one submitted written or oral comments. Mayor Voss closed the public hearing at 7:15 PM. Motioned by Magers, seconded by Rabe to approve RESOLUTION 2009-56,A RESOLUTION TAKING ADDITIONAL ACTION TO ENTER INTO A GENERAL OBLIGATION WATER IMPROVEMENT LOAN AND DISBURSEMENT AGREEMENT. Roll call vote: Ayes: Beer,Frieden, Rabe, Magers, and Wainwright, Motion carried. Wainwright introduced ORDINANCE NO. 92, AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF'THE CITY OF FAIRFAX,IOWA, 2007,BY ADDING NEW SUBSECTIONS PERTAINING TO PARKING REGULATIONS. Motioned by Magers, seconded by Beer 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. 92. Ayes: Beer, Frieden, Rabe, Magers, and Wainwright. Motion carried, Motioned by Magers, seconded by Rabe to give final approval and adoption to ORDINANCE NO. 92,AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF FAIRFAX,IOWA,2007,BY ADDING NEW SUBSECTIONS ]PERTAINING TO PARKING REGULATIONS. Roll call vote: Ayes: Beer, Frieden, Raba, Magers, and Wainwright. Motion carried. Magers introduced ORDINANCE NO. 93,AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF FAIRFAX,IOWA,2007,BY AMENDING PROVISIONS PERTAINING TO PARKING VIOLATIONS: ALTERNATE. Motioned by Rabe, 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. 93. Ayes: Beer,Frieden, Rabe, Magers, and Wainwright. Motion carried. Motioned by Magers, seconded by Rabe to give final approval and adoption to ORDINANCE NO. 93,AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF FAIRFAX,IOWA,2007,BY AMENDING PROVISIONS PERTAINING TO PARKING VIOLATIONS: ALTERNATE. Roll call vote: Ayes: Beer, Frieden, Rabe, Magers, and Wainwright. Motion carried. Wainwright introduced ORDINANCE NO. 94,AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF'THE CITY OF FAIRFAX, IOWA, 2007,BY AMENDING PROVISIONS PERTAINING TO THE STANDARD PENALTY. Motioned by Beer, 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. 94. Ayes: Beer, Frieden, Rabe, Magers, and Wainwright. Motion carried.. Motioned by Magers, seconded by Wainwright to give final approval and adoption to ORDINANCE NO. 94,AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF FAIRFAX,IOWA,2007,BY AMENDING PROVISIONS PERTAINING TO THE STANDARD PENALTY. Roll call vote: Ayes: Beer, Frieden, Rabe, Magers, and Wainwright. Motion carried. Wainwright introduced ORDINANCE NO. 95, AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF FAIRFAX, IOWA, 2007, BY AMENDING PROVISIONS PERTAINING TO MUNICIPAL INFRACTIONS. 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. 95, Ayes: Beer, Frieden, Rabe, Magers, and Wainwright. Motion carried. Motioned by Beer, seconded by Frieden to give final approval and adoption to ORDINANCE NO. 95,AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF FAIRFAX,,IOWA, 2007, BY AMENDING PROVISIONS PERTAINING TO MUNICIPAL INFRACTIONS. Roll call vote: Ayes: Beer, Frieden, Rabe,Magers, and Wainwright. Motion carried. Wainwright introduced ORDINANCE NO. 96, AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF FAIRFAX, IOWA, 2007, BY AMENDING PROVISIONS PERTAINING TO HAZARDOUS SUBSTANCE CLEANUP COSTS. Motioned by Magers, seconded by Beer 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. 96. Ayes:. Beer, Frieden, Rabe, Magers, and Wainwright. Motion carried. Motioned by Magers, seconded by Beer to give final approval and adoption to ORDINANCE NO. 96, AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF FAIRFAX,IOWA,2007,BY AMENDING PROVISIONS PERTAINING TO HAZARDOUS SUBSTANCE CLEANUP COSTS. Roll call vote: Ayes: Beer, Frieden,Rabe, Magers,and Wainwright. Motion carried. Wainwright introduced ORDINANCE NO. 97,AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF'THE CITY OF FAIRFAX,IOWA,2007,BY REPEALING CHAPTER 43 PERTAINING TO SEX OFFENDERS. Motioned by Magers, seconded by Beer 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. 97. Ayes: Beer,Frieden,Rabe, Magers, and Wainwright. Motion carried. Motioned by Frieden, seconded by Beer to give final approval and adoption to ORDINANCE NO. 97,AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF FAIRFAX,IOWA, 2007,BY REPEALING CHAPTER 43 PERTAINING TO SEX OFFENDERS. Roll call vote: Ayes: Beer, Frieden,Rabe, Magers, and Wainwright, Motion carried. Wainwright introduced. ORDINANCE NO. 98, AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF FAIRFAX, IOWA, 2007, BY AMENDING PROVISIONS PERTAINING TO ABANDONED VEHICLES. Motioned by Magers, seconded by Beer to suspend the rale requiring that an ordinance be voted on for passage at two council meetings prior to this meeting with respect to ORDINANCE NO. 98. Ayes: Beer, Frieden, Rabe,Magers, and Wainwright. Motion carried. Motioned by Magers, seconded by Wainwright to give final approval and adoption to ORDINANCE NO. 98,AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF FAIRFAX,IOWA,2007,BY AMENDING PROVISIONS PERTAINING TO ABANDONED VEHICLES. Roll call vote: Ayes: Beer, Frieden, Rabe, Magers, and Wainwright. Motion carried. Wainwright introduced ORDINANCE NO. 99, AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF FAIRFAX, IOWA, 2007, BY AMENDING PROVISIONS PERTAINING TO DISPOSAL OF PROPERTY. 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. 99. Ayes: Beer, Frieden, Rabe, Magers, and Wainwright. Motion carried. Motioned by Magers, seconded by Beer to give final approval and adoption to ORDINANCE NO. 99,AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF FAIRFAX,IOWA,2007,BY AMENDING PROVISIONS PERTAINING TO DISPOSAL OF PROPERTY. Roll call vote: Ayes: Beer,Frieden,Raabe, Magers, and Wainwright. Motion carried. Wainwright introduced ORDINANCE NO. 100,AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF FAIRFAX,IOWA,2007,BY AMENDING PROVISIONS PERTAINING TO UTILITY SERVICE. 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. 100. Ayes: Beer, Frieden, Rabe,Magers, and Wainwright. Motion carried. Motioned by Magers, seconded by Beer to give final approval and adoption to ORDINANCE NO. 100, AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF FAIRFAX,IOWA,2007, BY AMENDING PROVISIONS PERTAINING TO UTILITY SERVICE. Roll call vote: Ayes: Beer, Frieden,Rabe, Magers, and Wainwright. Motion carried. Motioned by Magers, seconded by Wainwright to approve RESOLUTION 2009-57,A RESOLUTION TO ISSUE PARTIAL PAYMENT #1 TO RATHJE CONSTRUCTION CO. FOR THE WATER MAIN REPLACEMENT PROGRAM,PHASE I IMPROVEMENTS. Roll call vote: Ayes: Beer, Frieden, Rabe,Magers, and Wainwright. Motion carried. Motioned by Magers, seconded by Rabe to approve RESOLUTION 2009-58, A RESOLUTION AUTHORIZING THE TRANSFER OF FUNDS FOR THE PAYMENT' OF GENERAL OBLIGATION DEBT DUE DECEMBER 1,2009. Roll call vote: Ayes: Beer,Frieden,Rabe, Magers, and Wainwright. Motion carried„ Motioned by Frieden, seconded by Beer to approve RESOLUTION 2009-59,A RESOLUTION AUTHORIZING AND DIRECTING THE FINANCE ADMINISTRATOR TIO WRITE-OFF CERTAIN UTILITY ACCOUNTS AS UNCOLLECTIBLE. Roll call. vote: Ayes: Beer, Frieden, Rabe, Magers, and Wainwright. Motion carried. Linn County Deputy Sheriff Brady presented the list of calls. Mayor Voss asked about a van parked on the street. Deputy Brady stated that it has been tagged. Motioned by Wainwright., seconded by Rabe to approve RESOLUTION 2009-60,A RESOLUTION SETTING PUBLIC HEARING FOR AMENDING THE FAIRFAX ZONING ORDINANCE OF 2000 OF THE CITY OF FAIRFAX,IOWA,BY ADOPTING A NEW OFFICIAL ZONING MAP. Roll call vote: Ayes: Beer,Frieden, Rabe, Magers,and Wainwright. Motion carried. Motioned by Magers, seconded by Frieden to approve RESOLUTION 2009-61, A RESOLUTION APPROVING CHANGE ORDER NO. 5-BALANCING FOR THE EAST DRAINAGE WAY PROJECT ON EAST CEMETERY ROAD. Roll call vote: .Ayes: Beer, Frieden, Rabe, Magers, and Wainwright. Motion carried. Motioned by Magers, seconded by Rabe to approve RESOLUTION 2009-62, A RESOLUTION TO APPROVE APPLICATION FOR PAYMENT NO. 4 -FINAL TO ARENSDORF EXCAVATING & TRUCKING,INC. FOR'THE EAST DRAINAGE WAY PROJECT ON EAST CEMETERY ROAD with the stipulation that the payment will not be :mailed until the area where the fence was removed earlier today is viewed and approved. Roll call vote: Ayes: Beer, Frieden,Rabe, Magers, and Wainwright. Motion carried. Motioned by Wainwright., seconded by Magers to table the RESOLUTION to accept the East Drainage Way Project on East Cemetery Road. Ayes: Beer,Frieden, Rabe, Magers, and Wainwright. Motion carried. Motioned by Beer, seconded by Magers to approve the Class B Native Wine Permit Renewal Application from von.Essen Galerie. Ayes: Beer, Frieden,Magers, and Wainwright. Nays: None. Jason Rabe abstained from voting due to a conflict of interest because von Essen Calerie are tenants of his employer. Motion carried. Information from the City Attorney about the ITC Midwest Electric Franchise Agreement was reviewed. Discussion was held about the tree plan from Hughes Nursery&Landscaping and Fairfax State Savings Bank, Lynn Miller is to review the area and plan in order to make a recommendation by the city council meeting on November 17. City Engineer, Shane Wicks, will present the information about the East Cemetery Road. and 80th Street Drainage Basin during the next city council meeting on November 17. Motioned by Frieden,seconded by Magers to table the flood management issues until the city council meeting on November 17. Ayes: Beer, Frieden, Rabe, Magers, and Wainwright.. Motion carried. Maguire Iron will be in Fairfax to fix the water tower on Wednesday,November 11. Discussion was held concerning the water, sewer, and garbage rates. The garbage rate is to be raised S 1.00 per month,the sewer flat charge for debt service retirement is to be raised $1.00 per month, and the charges for water and sewer usage over the minimum are to be raised, The ordinance to make the rate changes effective January 1, 2010 will be drafted for the December meeting. Motioned by Wainwright, seconded by Frieden to approve the claims list dated November 10, 2009. Ayes: Beer,Frieden, Rabe,Magers, and Wainwright. Motion carried. Fire Chief Mike Sankot discussed the need for a fire hydrant placed in front of the fire station. Mayor Voss stated that the cost of the hydrant is $3,7501.00. This does not include removing or replacing the concrete. Discussion was held about the effects on the culvert along the street. Motioned by Frieden, seconded by Wainwright to instruct Hall and Hall Engineers to prepare a change order for the addition of a fire hydrant to be placed in front of the fire station and for the City to pay $5,000 of the costs to add this hydrant out of the project funds. If the costs are greater than $5,000,the fire department will pay for the additional costs from their funds. Ayes: Beer, Frieden,Rabe, Magers, and Wainwright. Motion carried. Dave Yanecek stated that the maintenance department has been busy. JoAnn Beer reported that the Parks Committee will meet on November 19. They are working on future planning. They will not meet in December. The Visioning Committee will not meet again until January. City Clerk Cynthia Stimson asked the council members to sign personnel policy acknowledgement forms. If anyone is interested in attending the Municipal Leadership .Academy,they are to contact her as soon as possible. Motioned by Frieden, seconded by Wainwright to adjourn the meeting at 8:37 PM. Ayes: Beer,Frieden,Rabe, Magers, and Wainwright. Motion carried. Mayor Voss adjourned the meeting at 8:37 PM. Mayor Bill Voss City Clerk Cynthia Stimson Disclaimer: The foregoing minutes are not official until approved by the City Council. City of Fairfax Claims List November 10, 2009: Aaron Voss Computer services 250.00 Alliant Energy Electricity 3686.66 Altorfer Oil 69.20 Audio/Video Tech Alarm services 228.00 Baker&Taylor Books 898.87 Batteries Included Batteries 102.24 Cargill, Inc. Salt/sand 900.48 Carus Phosphates Chemucals 1145,33 Cathy Bayne Reimb 273.36 CR Photo Copy Equipment 91.76 City of Fairfax Applied to bill 275,79 Clarey's Gear 84.31 Consumer Reports Subscdptlon 20.00 Crawford Quarry Roadstone 114.98 Creative Software Services 63.75 Custom Hose Spiun-Onlsensor 82.14 Eranko Geartlettering 867,58 Data Tech Sulppor/fees 658,55 Demco Suplpiles 130.41 Discover Card 1'/2(Payroll sub 119,50 Elan Disk wheels,knife 1777.47 ESP3 LLC Capstlettering 72,00 Fairfax Bank Taxes 5374.42 Faraway Groceries 96.89 F'esler's Lens 111.00 Gate 8 Publishing Books 30.00 Gazette Publishing 528.01 Grainger V Belts 164.84 Graybill Antenna 90.30 Green Valley Ag Sean 115.00 Hall&Hall Eng Fees 22635.20 Hawkeye Fire/Safety Extinguisher maint 403,25 1 wireless Phone 20.90 Iowa Codification Fees 1050,00 Iowa Firemen's Assn Dues 340,00 VIPERS Taxes 2872.82 Ken Way Sewer Pump water 350.00 Keystone Lab Tests 233.70 Kirkwood Training 60,00 Linn County REC Electricity 1735.03 Llnweld Cylinder rental 13.51 Lynn Miller Reimb food 95.48 Maguire Iron Tower repairs 15000.00 Matt Parrott Utility bills 577,77 Menards Various items 608.81 Mid American Gas 258,63 Midwest Wheel Fuell(headlght 293.38 Mike Machula Reilmlb groceries 64,76 Northtowne Cycling Equipment 3000.00 ORKIN Exterminating 59.56 Penworthy Books 496.69 Port a'Johnny Services 137.90 Prairie Road Builders Street work 9569.52 Rathje Const Water main replace 66601.18 Ray Carrizales Refund 16,64 Reiman Publications Subscription 29.98 Robert Andrlik Refund 37.10 Sankot Truck rmaint 84.58 Schimberg Co. eters/cplgs 3300.70 Schrader Exc Trucking/salt&sand 583.20 Simmons Perrine Fees 9126.80 Solbergs Engraving 5.50 South Slope Phones 519.65 Speer Financial Services 364.90 Spencer Blair Refund 24.68 St,Luke's Work Well Drug testing 55.00 Staples Credit Supplies 357.79 Strategic Print Contract/staples 126,91 Taste of Home Subscription 19,98 Terracon Fees 5658.25 Thomas Bouregy Co Books 13.95 US Cellular Phones 270.76 USA Blue Book Parts 44.86 t1SPO Postage 158.05 Van Meter Ind Meterlbulb 254.64 Violet Leflore Refund 5.59 Voss Welding Labor/materials 279.20 Waterworks C&I Potassium 182.28 Welllmark Insurance 2169,77 Net Salaries 16223.90 Total Claims: 184,815.59 OCTOBER REVENUE General Fund 135458.76 Road Use Tax 15992.77 Employee Benefits 6491.21 T&A Meter Deposits 1200,00 Water Fund 14599.55 Sewer Fund 13891.78 Garbage Fund 7128.94 TIF 201023.88 Bond Retirement Fund 8760.00 LOST 2009 19024.07 Savings Revenue FD Equipment Fund 265.00 FID Fireworks 448.80 Certificate Deposit 124.15 Total Revenue: 424,408.91 OCTOBER EXPENSES General Fund 69411.27 Road Use Tax 10119.34 Employee Benefits 2557.23 tater Fund 50971.55 Sewer Fund 18260.66 Garbage Fund 7449.75 T'&A-Meter Deposits 1050.00 "Fater Main Project 2059,25 Remote Read Project 5348.20 Drainage/Detention Project 23277.69 Total Expenses: 190,504.94 Transfers In General Fund 18534.70 Total: 18,534.70 Transfers Out General Savings-Murphy 14705.50 General FD Equip Savings 3829.20 Total: 18,534.70 Utility .Billing Month End 'worksheet Month of-D46( 2-A 1. Month Utilities Receivables on (Date) (Billing Register) 2. Billing of Penalties on (Date-Penalty Calculation) 3. Total Billed (Add lines 1 &2) , {� 4. Adjustments to Balance (Adjustment Report) f�eg3.�G 5. Net Receivables (Add/Subtract Lines 3, 4) 6. Less Payments Received(Deposits for month) I t2-01 7. Current Utilities Receivables(Calculated) (Subtract line 16 from 5) 8. Current Utilities Receivables(Delinquent Account) D'I , ' 9. Current Credit Balances (Trial Balance) . 10. Current Utilities Receivable(Trial Balance) 11. Difference (Zero if balanced) 12. Balance due City as of 31 O hlf7 b �6 P (Supporting documents on file) Date Prepared 9C Date Approved 1G 'o Prepared By Approved By `L UBPASTRP Slat Oct 31, 2009 10,54 AM *** CITY OF FAIRFAX IA *** OPER; DTI PAGE1 05.12.09 DELINQUENT ACCOUNT LISTING CYCLE ALL SERV CODE ALL ACCOUNT NO/CUS'TafER NAME LAST PMT AMOUNT ACTUAL NIT TIME CUS'TOPIER ADDRESS DATE PERIOD I PERIOD 2 PERIOD 3 PERIOD 4 DUE DUE (BGT) DELA ------------------------------------------------------------------------------------------------------------------------------------ 110D BRYAN BALOG 10/27/091 .09 .Cl) .00 .00 .09 DID I 2900 LINCOLN ALLEN 10/29/091 15.00 .00 .00 .00 15.00 DID 6 5700 MATT STARCEVICH 10/27/091 .62 .00 .00 .00 .62 0101 5 650OF MATT WILLEMSEN 10/17/06 .00 .00 .00 38,40 38.40 .001 11100E C'ARRIE EMERSON 11/18/08 .00 .00 .00 117.14 117.14 .001 1 1610OF 5'E1AH CASEY/KATHY KING 6/18/08 .00 .00 .00 35.13 35.13 GD 16104F CLIFF CROW 9/14/09 .00 153.46 38.87 00 192.33 .001 7 16300 ,TEED" & DEE SNURTZ 10/27/09 35,35 .00 .00A .00 35.35 .00 4 1 1660OF CARL EMERSON 7/14/08' 00 .DO .00 758.38 758.38 .001 19200 JENNIFER BLONDIN 10/18/09 27.22 30.90 .00 .00 58.12 .100 7 23100 FORREST MOYER 10/27/09 15.00 .00 .00 .00 15.00 010 1 24700 RICK WISEMAN 15/17/09 70.91 10.84 .00 .DO 81.75 .010 1 26300 YVONNE ALEXANDER 10/27/09 15.00 .00 .00 .00 15.00 .0110 2 27000E ANTHONY MOORE 10/15/04 .00 .00 .00 37.51 37.51 DD 2710OF CHRISTINA CANNON 9/17/09 46.87 .00 .00 .00 46.87 0110 9 2750OF LEROY MORGAN .00 .00 'CO 170.88 170.88 ,00 30300 STEVE MELCHIOR 10/17/091 12.04 .00 .00 .00 12.04 .00 3060OF CHARLES SPICKA 9/23/0!91 .00 9.54 .0O .00 9.54 .00 1 33100 LONNIE HOOSE 10/17/09 1.00 .00 .00 .00 1.00 .001 1 34100 MARK RUDDE 10/27/091 15.00 .00 .00 .00 15.00 .001 1 3860OF ROICHELLE STONE .00 .00 .001 223.62 223.62 .0101 38601E ROIICHELLE STONE .00 .00 .001 6.36 6.36 .00 41100 WENDELL & MEGAN GAN 10/27/091 15.00 .00 as .GC 15.00 .DD 10 4880OF CORY STEELE 7/16/06 .00 .00 .00 40,41 40.41 .DD 48801F CORY STEELE 11/17/05 .00 CO .00 6.31 6.31 .100 53900 SHANNON BOLLMAN 10/27,/09 15.00 DO .00 .00 15.00 .1010 6 53901E SHANNON BOLLMAN 10/27/09 15.00 .00 100 .0D 15.00 .010 3 62400 RICHARD D. SCRWERTFEGER 10/27/09 15.00 DO .00 .00 15.00 010 4 67600 AMY MILLER 10/27/09 15.00 .00 .00 .00 15.00 DID 3 682DO VON ESSEN GALERIE 10/27/09 15.00 .00 .00 .00 15.00 DIID 7 70200 CEN MANTERNACH 10/27/09 15.00 .00 .00 .00 15.00 ,010 4 70201E HIEN MANTERNACH 10/27/091 15.00 .DO .00 .00 15.00 .010 2 120000 SANDY FETTER 9/17/0191 25.00 .00 .00 .00 25.00 .010 3 * DISCONNECT EXEMPT. F FINAL BILLED. 'TIME DELA' 4 OF TIMFS DELINQUENT IN T',HE LAST 12 MONTHS. UBPASTRP Snit Oct 31, 2009 10:54 AM CITY OF FAIRFAX IA *** OPER: DTI PAGE ? 05.12,09 DELINQUENT ACCOUNT LISTING ** REPORT TOTALS ** ACCOUNT NO/CUSTOMER NAME LAST PMT AMOUNT ACTUAL AHT TIME CUSTOMER ADDRESS DATE PERIOD 1 PERIOD 2 PERIOD 3 PERIOD 4 DUE DUE �BGT,) DELQ ------------------------------------------------------------------------------------------------------------------------------------ REPORT TOTALS SERVICES 348.52 194.79 38.87 1244,89 1827.07 TAX 3.42 4.37 .00 39,25 47,04 PEN 47.16 5,58 .00 75.00 127.74 MZSC .00 .00 .00 75.00 75.00 TAX .00 .00 ,00 .00 .00 PEN .00 ,00 (0 .00 .00 TOTALS 399.10 204.74 38.87 1434.14 2076.85 .010 City of Fairfax Balance Sheet As of October 31, 2009 Oct 31, 09 ASSETS Current Assets Checking/Savings Fairfax Visioning 177.64 Certificates of Deposit General Fund Library- 10274 8,941.15 Library Special Gifts Trust 198,120.82 General Fund - Other 129,440.39 Total General Fund 336,502.36 Sewer Fund48,363.05 Total Certificates of Deposit 384,865.41 Checking Account Drain age/Detentlion Project 75,434.28 General Fund 118,721.60 Special Revenue Local Option 09 76,878.61 Road Use Tax 99,986.31 Employee Benefits 15,467.67 TIF Fund 407,523.09 Total Special' Revenue 599,855.68 Enterprise Fund Remote Meter Read Project -9,049.02 Water Main Project 376,010.84 Water 164,582.78 Sewer 94,504.26 Garbage 22,453.41 Lagoon/WWT''F Project 5,782.33 SRF Bond Fund 71,056.20 Trust & Agency 17,055.00 Total Enterprise Fund 642,395.80 Total Checking Account 1,436,407.36 Savings Accounts Parks Dept - Guaranty 2,113.02 General - Murphy Land 1,847.01 Parks Department FFSB 5,089.91 Arbor Team 1,128.70 City of Fairfax Balance Sheet As of October 31, 2009 Oct 31, 09 FD Equipment Memorial Fund l 3,980.07 Public Educat:lion 340.51 Regular Savings 9,455.53 Total FD Equipment 13,776.11 FD Fireworks 14,127.23 Library Gifts & Bequests Memorials 1,911.63 Library Gifts & .Bequests - Ot... 6,080.65 Total Library Gifts & Bequests 7,992.28 Local Option 2004-2005 Sewer Improvements 60,600.13 Total Local Option 2004-2005 60,600.13 Total Savings Accounts 106,674.39 Total Checking/Savings 1,928,124.80 Total Current Assets 1,928,124.80 TOTAL ASSETS 1,928,124.80 LIABILITIES & EQUITY Equity 3000 , Opening Ball Equity 1,813,787.70 Net Income 114,337.10 Total Equity 1,928,124.80 TOTAL LIABILITIES & .EQUITY 1,928,124.80 Certificates of deposit Balance Sheet As of October 31, 2009 Oct 31,09 ASSETS Current Assets Check!ng/Savi ngs General Murphy Land 4610013670 20,183.31 GeneralMuirphy Land - Other -20,183.31 Total General (Murphy Land 0.00 Nature Trail Project 60012463 27,818.56 Total Nature Tirail Project 27,818.56 General Fund Maintenance Fund 08 60018546 6„158.17 Total Maintenance Fund 08 6,158.17 Maintenance Fund 07 6001245'4 6„676.46 Total Maintenance Fund 07 6,676.46 Maintenance Fund 60008316 6,950.77 Total Maintenance Fund 6,950.77 Library LSG Trust 60019991 198,120.82 10274 8,941.15 Total Library 207,061.97 Policy&Administration 60008575 :771.19 10681 8,336.28 60023745(60011428) 2'.4„324.09 60007237' 6,878.23 Total Policy&Administration 42,309.79 Transportation 10680 8„338.28 60010233 31„190.36 Total Transportation 39,526.64 Total General Fund 308,683.80 Page 1 Certificates of Deposit Balance Sheet As of October 31, 2009 Oct 31,09 Sewer Fund 461008'1350(60011277)GB 7,304.83 60023763(60011660) 41,058.22 Total Sewer Fuad 48,363.05 Total Checking/Savings 384,865.41 Total Current Assets 384,865.41 TOTAL ASSETS 384,865.41 LIABILITIES &EQUITY Equity Opening Bal Equity 197,403.74 Retained Earnings 201,107.08 Net Income -13,645.41 Total Equity 384,865.41 TOTAL LIABILITIES & EQUITY 384,865.41 Page 2 Receipts/Expenditures by Fund' 31 October 08 OCTOBER REVENUE General Fund 1135„458.76 Road Use Tax '15,992.77 Employee Benefits 6„491.21 T&A Meter Deposits 1,200.00 ' dater Fund 14,599.55 Suer Fund 13,891.78 Garbage Fund 7,128.94 TIF 201,023.88 Bond l Retirement Fund 8,760.00 LOST 2009 19„024.07 Savings Revenue FD Equipment Fund 265.00 FD, Fireworks 448.80 Ceirt ficate Deposit 124.15 Total Revenue: 424,408.91 OCTOBER EXPENSES General Fund 69,411.27 Road l Use Tax 10,119.34 Employee Benefits 2,557.23 Water Fund 50,971.55 Sewer Fund 118,260.66 Garbage Fund 7,449.75 T&A-Meter Deposits 1,050.00 Water Main Project 2,059.25 Remote Read Project 5,348.20 Drainage/Detention Project 23,277.69 Total Expenses: 11911,504.94 Transfers In General Fund 118,534.70 Total: 18,534.70 Transfers Out General Savings- Murphy 14,705.50 General FD Equipment Savings 3,829.20 Total, 18,534.70 C1 m w Di r- m 3cn mom' m o CD 0) 0) o3 0 0 ;; o � 0 — cocn 0000� 000su 0Cro 0 C o � -laM'D CD 10 ) 0 � OQ� NX tD .,� s = -& = o = -Loo 0 oK) woQo -� .iv 'a -n w � 0 0 � n �► W ort �e r,+ ¢ .v'ian � � �° w m w .o a� - �. cD C7 N O w o -�1 v� Lh �. 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CD CCD b a d ro CD O 'h a CDCD zn o � w CN C's00 'A Q, N 0000 0000 o � m W oo 1-+ o 00 X 0 0 0 ---j v v, ?: N 140 w O 'W Ic>I N v, P 00 00 tA 0% CDO 0N110 o H Os 2i A3 N O oo O ti No, 00 tiG O �D O i N 00 4P 4- .. tri O O �3 `O C,� O W it lh r, 00 tshi O LA CA O\ O 00 ' ICS Q9 �D O N O W W N c6 D O 00 W {1u-- G� O N .3 Qj W O LA G1 00 Cityof Fairfax From: Nancy Flickinger[nanflick@netins.net] ;ent: Tuesday, December 08, 2009 2;07 PM To: City of Fairfax Subject: November Claims Attachments: Claims 10 November 09.x1s; _AVG certification_,txt I don't know what happened here but one of the check numbers at the top of this attached claims list for November is wrong. It is really no big deal but caused me some headaches in trying to figure out what number to start with for this month. I had they ending check number as 31415 and it should be 31406. Please correct this for the office files by either scratching out the wrong number and writing in 31406 or print off a new list. It appears that I had a plan to do something but who in the heck knows what at this point H Mindless! r Claims List dated 10 November 09 Cheeks 31259 through 314016 Drainage/Detention Project Check 11/10/2009 31393 Hall&Hall Engineers, Inc. Fees 2,11530,95 Total DrainagetDetention Project: 2,530.95 General Fundl Check 10/20/2009 ACH Elan Various items 1,032.03 Check 10/29/2009 DEBT USPO Postage 158,.05 Check 10/15/2009 31259 Penworthy Books 496.69 Check 10/15/2009 31260 Thomas Bouregy&Company Books 113.95 Check 10/15/2009 31261 Creative Software Services,Inc. Computer services 63.75 Check 10/15/2009 31262 Demco, Inc. Supplies 130.41 Check 10/15/2009 31263 Cedar Rapids(Photo Copy Equipment 91.76 Check 10/15/2009 31265 Reiman Publications Subscription 29.98 Check 10/15/2009 31266 Consumer Reports Subscription 20.00 Check 10/15/2009 31267 Taste of Horne Subscription 19.98 Check 10/15/2009 31268 Baker&Taylor Books 898.87 Check. 10/15/2009 31269 Cathy Bayne Reimbursements 27'3.36 Check, 10/15/2009 31270 Gate 8 Publishing Books 30.00 Check 10/19/2009 31271 Discover Card 112 Payroll subscription 119..50 Check 10119/2009 31272 Wellmark Insurance 86.25 Check 10120/2009 31276 Ronald G.Dusil Wage 652.04 Check 10/20/2009 31277 Cynthia K.Stirnson Wage 547.88 Check 10/20/2009 31278 David Yanecek Wage 561.20 Check 10/20/2009 31279 Fairfax State Savings Bank Taxes 444.55 Cheek 10/24/2009 31285 Lynn Miller Reimb food 95.48 Check 10124/2009 31286 Kirkwood Community College Training 60.00 Check 10124/2009 31287 Speer Financial,Inc. Services TIF plan 364.90 Check 10/24/2009 31288 Clarey's Safety Equipment Gear '84.31 Check 10/24/2009 31289 Simmons Perrine, PLC Legal fees 9,126.80 Check 10/27/2009 31292 Ronald G. Dusill Wage 652.03 Check 10/27/2009 31293 Cynthia K, Stimson Wage 547.88 Check 10/27/2009 31294 David Yanecek Wage 561.19 Cheek 10/27/2009 31297 Fairfax State Savings Bank Taxes 444,57 Check 10/31/2009 31298 Nancy Flickinger Wage 2,786,87 Cheek 11/03/2009 31299 Fairfax State Savings Bank Taxes 5'79,62 Cheek 11103/2009 31302 Catherine Bayne Wage 2,300.16 Check 11/03/2009 31303 Raymond C. Davis Wage 189.65 Check 11/03/2009 31304 Ronald G, Dusil Wage 1652.,04 Check 11/03/2009 31305 Kathy J. Everett Wage 1617.70 Check 11/03/2009 31306 Loralei A. Pleiness Wage 197.40 Check 11/03/2009 31307 Cynthia K.Stimson Wage 647.89 Check 11/03/2009 31308 Beth A.Wilz Wage 184.41 Check 11/03/2009 31309 David Yanecek Wage 561.20 Check, 11/03/2009 31310 Fairfax State Savings Bank Taxes 1„302.82 Check 11/03/2009 31315 IPERS Taxes 1,,216.36 Check 11/07/2009 31320 Iowa Firemen"s Association Dues 340.00 Check 11/07/2009 31321 Danko Emergency Equipment Gear&lettering 867.58 Check 11107/2009 31322 Staples Credit Plan Various supplies 357.79 Check 11/07/2009 31323 Gazette Communications,Inc. Publishing 442.21 Check 11107/2009 31325 Van Meter Industrial, Inc, Light bulbs 46.88 Check 11107/2009 31329 Strategic Print Solutions,Inc. Contract&staples 126.91 Check 11107/2009 31330 Midwest Wheel Companies LED Headlight 230.62 Check 11/07/2009 31338 Hawkeye Fire&Safety Co. Extinguisher maintenance 403.25 Check 11/07/2009 31340 Fareway Stores Grocery items 19.18 Check 11107/2009 31341 Green Valley Ag&Turf,LLC Seat 115.00 Check 11107/2009 31344 Port'O'Johnny Services 137.90 Check 11/07/2009 31345 ESP3 LLC Caps&lettering 72.00 Check 11/07/2009 31346 Linn County RIE'C Electricity 29.42 Check 11/07/2009 31350 US Cellular Phones 108.03 Check 11/07/2009 31352 Mike Machula Reimb grocery items 64.76 Check 11/07/2009 31353 St.Luke's Work Well Solutions Drug testing 55.00 Check 11/07/2009 31354 Linweld,Inc. Cylinder rental 13.51 Check 11/07/2009 31355 ORKIN Exterminating 59,56 Check 11/07/2009 31356 Batteries Included Batteries 102.24 Check 11107/2009 31357 Solbergs Engraving 5.50 Check 11/07/2009 31358 Iowa Codification„Inc. Code update fees 1,050.00 Check 11/07/2009 31359 South Slope Telephone Phones 519,65 Check 11107/2009 31360 Sankot's Garage Truck maintenance 39.30 Check 11/07/2009 31361 Graybill Communications Antenna 90.30 Check 11/07/2009 31367 Alliant Energy Electricity 651.19 Check 11/07/2009 31371 Mid American Energy Gas 1158.47 Check 11/07/2009 31375 Altorfer Oil 69.20 Check 11/07/2009 31376 Aaron Voss Computer labor/rental 250.00 Check 11/09/2009 31380 Northtowne Cycling&Fitness Cardio Vascular Equipment 3„000.00 Check 11/09/2009 31381 Voss Welding i&Machinery Repair Grass buggy repairs 279.20 Check 11/10/2009 31385 Cynthia K.Stimson Wage 547.88 Check 11/10/2009 31387 Fairfax State Savings Bank Taxes 89.34 Check 11/10/2009 31394 Hall&Hall Engineers,Inc, Fees 6.„488.95 Check 11/10/2009 31399 Menards Cedar Rapids SO Various items 265.56 Check 11/10/2009 31404 Fesler's,Inc. Lens 111,00 Check 11/10/2009 31405 i wireless Phone 20.90 Total General(Fund: 46,1171.81 Road Use T'ax Check 10/20/2009 ACH Elan Tires 685.87 Check 10/14/2009 31255 Custom Hose&Supplies Hydraulic spin-on 08.56 Check 11107/2009 31326 Prairie Road(Builders,Inc. Street work 91,569.52 Check 11/07/2009 31327 Cargill, Inc. Salt&sand 900.48 Check 11/07/2009 31334 Custom Hose&Supplies Spin-On&sensor 53.58 Check 11/07/2009 31335 Schrader Excavating&Grading,Co. Trucking/salt&sand 583.20 Check 11/07/2009 31336 Crawford Quarry Co. Roadstone 1.14.98 Check 11/07/2009 31337 Sankot's Garage 011,filer,brake line 45.28 Check 11/07/2009 31347 Linn County REC Electricity 484,57 Check 11/07/2009 31364 Ken-Way Sewer Service Pump water 350,00 Check 11/07/2009 31369 Alliant Energy Electricity 978.32 Check 11110/2009 31383 Ronald G.Dusill Wage 652.05 Check 11/10/2009 31384 Lynn D.Miller Wage 497.74 Check 11/10/2009 31386 David Yanecek Wage 561.20 Check. 11/10/2009 31389 Fairfax State Savings Bank Taxes 664.44 Check 11110/2009 31402 Menards-Cedar Rapids SO Various items 105.70 Total Road Use Tax: 16„275.49 Employee Benefits Check 10119/2009 31274 Wellmark Insurance 1,597.27 Check 10/20/2009 31280 Fairfax State Savings Bank Taxes 184.55 Check 10/27/2009 31296 Fairfax State Savings Bank Taxes 184.57 Check 11/03/2009 31300 Fairfax State Savings Bank Taxes 282.62 Check 11/03/2009 31311 Fairfax State Savings Bank Taxes 184.54 Check 11/03/2009 31314 IPERS Taxes 1,1191.74 Check 11/10/2009 31388 Fairfax State'S'avings Bank Taxes 53.34 Total Employee Benefits: 3„67//.83 Remote Meter(Read Project Check, 11/07/2009 31324 Gazette Communications, Inc, Publishing 85.80 Check 11110/2009 31396 Hall&Half Engineers, Inc. Fees 7,1,129.70 Total Remote(Read Project: 71,215.50 Water Main Project Check 11/07/2009 31364 Terracon Geotechnical fees 5,658.25 Check 11/07/2009 31377 Rathje Construction Co. Pay request 1 -Water Main 66,601.18 Check 11/10/2009 31397 Hall&Hall Engineers,Inc. Fees 6',430.60 Total Water Maim Project: 78,11690.03 Water Fund Check 10/14/2009 31252 Van Meter Industrial,Inc. Time meter 207,76 Check 10/14/2009 31253 Schimberg Co. Meters&couplings 31,300.70 Check 10/14/2009 31254 AudioNideo Technologies Monitoring service-alarms 228.00 Check 10114/2009 31258 USA Blue Book Parts for pump 44.86 Check 11107/2009 31331 Midwest Wheel Companies Generator fuel 31.38 Check 11107/2009 31333 Carus Phosphates,Inc. Chemicals 334.00 Check 11107/2009 31339 Waterworks.C&I Potassium 182.28 Check 11/07/2009 31349 Linn County RIEC Electricity 905.79 Check 11107/2009 31368 Alliant Energy Electricity 603.96 Cheek 11/07/2009 31370 Mid American Energy Gas 31.53 Check 11107/2009 31374 Keystone Laboratories, Inc, Tests 35.00 Check 11/10/2009 31395 Hall&Hall Engineers,Inc. Fees 55.00 Checlk 11/10/2009 31400 Menards-Cedar Rapids SO Various items 23.76 Check 11110/2009 31403 Maguire Iron,Inc, Water tower repairs 15,000.00 Check 11/10/2009 31406 Carus Phosphates, Inc. Chemicals 811.33 Total Water(Fund: 21,795.35 Sewer Fundi Check 10120/2009 ACH Elan Disk wheels,knife 59.57 Cheek 10119/2009 31273 Wellmark Insurance 286.25 Check 10120/2009 31275 Jeffrey A.Ammeter Wage 60136 Check 10/20/2009 31281 Fairfax State'Savings Bank Taxes 239.88 Check 10/24/2009 31290 Fareway Stores Groceries 77„71 Check 10/27/2009 31291 Jeffrey A.Ammeter Wage 601.37 Check 10/27/2009 31295 Fairfax State Savings Bank Taxes 239.86 Check: 11/03/2009 31301 Jeffrey A.Ammeter Wage 1601.37 Check 11/03/2009 31312 Fairfax State Savings Bank Taxes 239.86 Check 11/03/2009 31313 IPERS Taxes 464.72 Check 11/07/2009 31328 Grainger Pleated filter 142.32 Check 11/07/2009 31332 Midwest Wheel Companies Generator fuel 31.38 Check 11/07/2009 31342 Matt Parrott&Sons Company Utility bills 288.88 Check 11/07/2009 31348 Linn County REC Electricity 3115.25 Check 11/07/2009 31351 US Cellular Phones 162,73 Check 11/07/2009 31362 Data Technologies, Inc. Support&licensee fees 329.27 Check 11/07/2009 31365 Alliant Energy Electricity 1,453.19 Check. 11/07/2009 31372 Mid American Energy Gas 68.63 Check 11/07/2009 31373 Keystone Laboratories,Inc. Tests 1198..70 Check 11/10/2009 31382 Jeffrey A.Ammeter Wage 16,01.37 Check 11110/2009 31390 Fairfax State Savings Bank Taxes 239.86 Check 11/10/2009 31398 Grainger V Belts 22.52 Check 11/10/2009 31401 Menards-Cedar Rapids SO Various items 213.79 Total Sewer'Fulnd: 7,;479.84 Garbage Fund Check 11/07/2009 31343 Matt Parrott&'Sons Company Utility bills 288.89 Check 11/07/2009 31363 Data Technologies, Inc. Support&license fees 329.28 Total Garbage Fund: 618.17 Trust&Agency Check 10/21/2009 31282 City of Fairfax Applied to bill 60.00 Check 10/24/2009 31283 City of Fairfax Applied to bill 52.90 Check 10/24/2009 31284 Robert Andrlllk Deposit refund 3'7.10 Check 11104/2009 31316 City of Fairfax Applied to bill 1162„89 Check 11/04/2009 31317 Spencer Blair Deposit refund 24.,68 Check 11/04/2009 31318 Ray Carrizales Deposit refund 116.64 Check 11/04/2009 31319 Violet Leflore Deposit refund 5.59 Total Trust&Agency: 359.80 Total claims: 184,815,57 CITY OF FAIRFA:; NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: You are hereby notified that a Public Hearing will be held before the Fairfax City Council to consider amending the Fairfax Zoning Ordinance of 2000 as follows: SECTION 1.05 RULES AND DEFINITIONS, SECTION B. DEFINITIONS, of the Zoning Ordinance of 2000 of the City of Fairfax, Iowa, is amended by repealing the definition of family and adopting the following in lieu thereof- Family—One (1) person or two (2) or more persons related by direct lineal. descent, marriage, adoption or placement by a ,governmental or social service agency, occupying a dwelling unit as a single housekeeping organization. A family may also be two (2), but not more than two (2) persons not related by blood, marriage or adoption and each such person's respective ancestors and lineal descendants (including children born to, adopted by, or placed with said person by a governmental or social service agency) so long as the two (2) persons and their respective ancestors and lineal descendants are occupying a dwelling unit as a single housekeeping organization. The said hearing will be held before the Fairfax City Council at City Hall o "Tuesday, November 10, 2009 at 7:00 PM or soon thereafter, at which time and place you may appear and be heard in regard to the said amendment. Cynthia Stimson, City Clerk Published in the Cedar Rapids Gazette on November 2, 2009 City of Fairfax Planning and Zoning Minutes 1.0-20-2009 Chairman Joe Kell called the meeting to order shortly after 7:00 PM. Present: John Hill, Joe Kell, Tom Nurre, Travis Otto, Doug Smith and Virginia Soukup. Jack Rowray was absent. Also present was Fairfax City Council Member Marc Magers. Motioned by Virginia Soukup, seconded Doug Smith to approve the minutes from June l7,2009. Ayes: Hill,Kell,Nurre,Otto, Smith, and Soukup. Absent: Rowray. Motion carried. Debate was held about the proposed revision to the definition of family in the Fairfax Zoning Code. How this would be applied and enforced was discussed. The Planning and Zoning Commission wants this proposed revision sent to the city attorney before council action. Motioned by Doug Smith, seconded by Travis Otto to approve RECOMMENDATION NO. 2009-07,A RECOMENDATION APPROVING THE AMENDMENT TO THE FAIRFAX ZONING ORDINANCE OF 2000 OF THE CITY OF FAIRFAX,IOWA, B AMENDING PROVISIONS PERTAINING TO SECTION 1.05 RULES AND DEFINITIONS, SECTION B. DEFINITIONS. Ayes: Hill,Nurre, Otto, Smith, and Soukup. Nays: Kell. Absent: Rowray. Motion carried. Discussion and code review were held concerning the side setback requirements, It was decided that the Planning and Zoning Commission should invite a representative from Hall and Hall Engineers to the next meeting to review safe sight lines at intersections. Discussion was held about fence placement requirements. Clarification is needed from city staff on enforcement and ordinance review. The Commission reviewed and discussed Chapter 22, from the City of Fairfax's Code of Ordinances. Research is needed to verify correct term expiration dates. No more than one third of the Commission members' terms are to expire within one year. Jack Rowray's title is to be changed to vice-chair. Paragraphs 4 and 6, in 22.05, were reviewed. It was agreed that memorials, parks, and other plans need to be submitted to the Planning and Zoning Commission. for recommendation before city council action. Paragraph 9 states that the Commission is to submit an annual report to the mayor and city council. It seems that a letter would be sufficient. Motioned by John Hill, seconded by Doug Smith to adjourn the meeting. Ayes: Hill, Kell,Nurre, Otto, Smith, and Soukup. Absent: Rowray. Motion carried. The meeting adjourned shortly before 9:00 PM. John Hill Secretary i u RECOMMENDATION NO. 20019-07 A RECOMENDATION APPROVING THE AMENDMENT TO THE FAIRFAX ZONING ORDINANCE OF 2000 OF THE CITY OF FAIRFAX, IOWA, BY AMENDING PROVISIONS PERTAINING TO SECTION 1.05 RULES AND DEFINITIONS, SECTION B. DEFINITIONS WHEREAS,the City Planning and Zoning Commission of the City of Fairfax, Iowa has reviewed the current definition of family and a suggested revision of this definition; and WHEREAS, the City Planning and Zoning Commission of the City of Fairfax, Iowa wishes to make the revision to the definition of family. NOW, THEREFORE,BE IT RESOLVED, by the City Planning and Zoning Commission of the City of Fairfax, Iowa that Section 1.05 Rules and Definitions, Section B. Definitions, of the Zoning Ordinance of 2000 of the City of Fairfax, Iowa, be amended by repealing the definition of family and adopting the following in lieu thereof: Family— One (1)person or two(2) or more persons related by direct lineal descent, marriage, adoption or placement by a governmental or social service agency, occupying a dwelling unit as a single housekeeping organization. A family may also be two (2), but not more than two (2)persons not related by blood, marriage or adoption and each such person's respective children (including children bora to, adopted by, or placed with said person by a governmental or social service agency) so long as the two (2)persons and their respective children are occupying a dwelling unit as a single housekeeping organization. BE IT FURTHER RESOLVED, by the City Planning and Zoning Commission of the City of Fairfax, Iowa,that the said amendment of the Section 1.05 Rules and Definitions, Section B. Definitions, of the Zoning Ordinance of 2000 of the City of Fairfax, Iowa, is hereby acknowledged and approved on the part of the City Planning and Zoning Commission and this Commission hereby recommends to the City Council the approval of the same, and the chairman is hereby authorized and directed to certify this recommendation of approval and aux the same to said amendment as provided by law. Passed this 20a' day of October,2009. ATTEST: gra` �i pp4 E 4cy,, JoKell, Chai ia Stimson, City Clerk ORDINANCE NO. 91 AN ORDINANCE AMENDING THE FAIRFAX ZONING ORDINANCE OF 2000 OF THE CITY OF FAIRFAX, IOWA, BY AMENDING PROVISIONS PERTAINING TO SECTION 1.05 — RULES AND DEFINITIONS, SUBSECTION B.DEFINITIONS BE IT ENACTED by the City Council of the City of Fairfax,Iowa: SECTION 1. Section 1.05 — Rules and Definitions, 'Subsection B -- Definitions,. Paragraph - Family, of the: Zoning Ordinance of 2000 of the City of Fairfax, Iowa, is amended by repealing the definition of family and adopting the following in lieu thereof•. Family--One (1) person or two (2) or more persons related by direct lineal descent, marriage, adoption or placement by a governmental or social service agency, occupying a dwelling unit as a single housekeeping organization. A family may also be two (2), but. not more than two (2) persons not related by blood, marriage or adoption and each such person's respective ancestors and lineal descendants (including children born to, adopted by, or placed with said person by a governmental or social service agency) so long as the two (2) persons and their respective ancestors and lineal descendants are occupying a dwelling unit as a single housekeeping organization. SECTION 2. SEVERABILITY CLAUSE. If any section, provision or part of this ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION 3. WHEN EFFECTIVE. This ordinance shall be in effect from and after its final passage, approval and publication as provided by law. Introduced and passed by the Fairfax City Council on the 10th day of November, 2009,. and adopted this 10th day of November, 2009. AYES: Rabe, Magers, and Wainwright NAYS: Beer and Frieden ABSENT: None. 46 William Voss, Mayor ATTEST: d,� B ,ll ... Cynt is Stimson, City Clerk First Reading: Waived Second Reading: Waived Third Reading:November 10, 2009 I certify that the foregoing was posted as Ordinance No, 91 on the 12th day of November, 2009. C hia Stimson, City Berk ORDINANCE NO. 92 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF FAIRFA , IOWA, 2007, BY ADDING NEW SUBSECTIONS PERTAINING TO PARKING REGULATIONS BE IT ENACTED by the City Council of the City of Fairfax, Iowa: SECTION 1. NEW SUBSECTIONS. The Code of Ordinances of the City of Fairfax, Iowa, 2007, is amended by adding new Subsections 38-57 to Section 69,08, No Parking Zones,which is hereby adopted to read as follows: 38. Creek Side Drive, on the north side, from 80th Street to 438 Creek Side Drive. 39. Creek Side Drive;, on the south side, from 455 Creek Side Drive to Driftwood Lane.. 40. Driftwood Lane, on the west side, from Creek Side Drive to 184 Driftwood Lane. 41. Driftwood Lane, on the east side, from 2nd Street to 165 Driftwood Lane. 42. Driftwood Lane, on the south side, from 115 Driftwood Lane to East Cemetery Road, 43. Ridge Drive, on the south side, from Commerciall. Court to Sunflower Drive. 44. Sunflower Drive, on the west side, from Ridge Drive to 207 Sunflower Drive. 45. Sunflower Drive, on the east side, from 204 Sunflower to East Cemetery Road. 46. Larkspur Drive, on the north side, from Sunflower Drive to Ridge Drive. 47. Ridge Drive, on the west side, from Larkspur Drive to 299 Ridge Drive. 48. Ridge Drive, on the east side, from 304 Ridge Drive to 334 Ridge Drive. 49. Blazingstar Court,on the north side,from Ridge Drive to 323 Blazingstar Court. 50. West Prairie Drive,on the north side, from 388 West Prairie Drive to 390 West Prairie Drive. 51. West Prairie Drive,on the south side, from 389 West Prairie Drive to Prairie View Circle. 52. Wild Rose Drive,, on the east side, from West Prairie Drive to Ridge Drive. 53. Goldenrod Drive, on the west side, from Sunflower Drive to 922 Goldenrod Drive., 54. Goldenrod Drive, on the west side, from Bluestar Drive to Ridge Drive. 55. Bluestar Drive, on the north side, from Goldenrod Drive to 2nd Street. 56. 2nd Street, on the south side, from 907 2nd Street to 921 2nd Street. 57. Aster Court, on the north side, from 907 Aster Court to 910 Aster Court. SECTION 2. REPEALER. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTION 3. SEVERABILITY CLAUSE. If any section, provision or part of this ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provisionn or part thereof not adjudged invalid or unconstitutional. SECTION 4. WHEN EFFECTIVE. This ordinance shall be in effect from and after its final passage, approval and publication as provided by law. Introduced and passed by the Council on the 10th day of November, 2009, and approved. this 10th day of November, 2009. AYES: Beer,Frieden, Rahe;Magers, and Wainwright. NAYS: None. ABSENT; None. William Voss,Mayor ATTEST: Cynt is Stimson, City Clerk First Reading: Waived Second Reading: Waived Third Reading: November 10,2009 I certify that the foregoing was posted as Ordinance No. 92 on the 12th day of November, 2009. Cyn a Stimson, pity Clerk ORDINANCE NO. 93 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF FAIRFAX, IOWA, 2007, BY AMENDING PROVISIONS PERTAINING TO PARKING VIOLATIONS: ALTERNATE Be It Enacted by the City Council of the City of Fairfax,Iowa: SECTION 1. SECTION MODIFIED. Section 70.03 of the Code of Ordinances of the City of Fairfax,Iowa, 2007,is repealed and the following adopted in lieu thereof- 70.03 PARKING VIOLATIONS: ALTERNATE. Uncontested violations of parking restrictions imposed by this Code of Ordinances shall be charged upon a simple notice of a fine payable at the office of the City Clerk. The simple notice of a fine shall be in the amount of two dollars($2.00)for all violations except improper use of a persons with disabilities parking permit. If such fine is not paid within thirty (30) days, it shall be increased by five dollars ($5.00), The simple notice of a fine for improper use of a persons with disabilities parking permit is one hundred dollars($100.00). (Come of Iowa, Sec. 321.236[1 a]&321L.4[2]) SECTION 2. SEVERABILITY CLAUSE. If any section, provision or part of this ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION 3. WHEN EFFECTIVE. This ordinance shall be in effect from and after its final passage,approval and publication as provided by law. Passed by the Fairfax City Council on the l Oth day of November, 2009, and approved this I Oth day of November,2009. AYES: Beer,Frieden,Rabe,Magers,and Wainwright. NAYS: None. ABSENT: None, 2/ William Voss,Mayor ATTEST: Cy-nthia Stimson, City Clerk First Reading: Waived Second Reading: Waived Third Reading: November 10,2009 I certify that the foregoing was published as Ordinance No. 93 on the 12`h day of November, 2009. Cynthia Stimson, City Clerk ORDINANCE NO. 94 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF FAIRFAX, IOWA, 2007, BY AMENDING PROVISION'S PERTAINING TO THE STANDARD PENALTY Be It Enacted by the City Council of the City of Fairfax,Iowa; SECTION 1. SECTION MODIFIED, Section 1.11 of the Code of Ordinances of the City of Fairfax,Iowa,2007, is repealed and the following adopted in lieu thereof: 114 STANDARD PENALTY. Unless another penalty is expressly provided by this Code of Ordinances for violation of any particular provision, section, or' chapter, any person failing to perform a duty required by this Code of Ordinances or otherwise violating any provision of this Code of Ordinances or any rule or regulation adopted herein by reference shall, upon conviction, be subject to a fine of at least sixty-five dollars ($65.00) but not to exceed six hundred twenty- five dollars ($625.00). The court may order imprisonment not to exceed thirty (30) days in lieu. of a fine or in addition to a fine. (Cade of Iowa, Sec. 364.3[21 and 903.1,(1 a]) SECTION 2. SEVERABILITY CLAUSE. if any section, provision or part of this ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION 3. WHEN EFFECTIVE. This ordinance shall be in effect from and after its final passage,approval and publication as provided by law. Passed by the Fairfax City Council on the 10's day of November, 2009, and approved this 10"1 day of November,2009. AYES: Beer,Frieden,Rabe,Magers,and Wainwright. NAYS: None. ABSENT: None. William Voss,Mayor ATTEST: Cynt 'a Stimson,City Clerk First Reading: Waived Second Reading: Waived Third Reading: November 10„2009 I certify that the foregoing was published as Ordinance No. 93 on the 12t' day of November, 2009. Cynthia mson, City Clerk ORDINANCE NO. 95 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF FAIRFAX, IOWA,2007,BY AMENDING PROVISIONS PERTAINING TO MUNICIPAL INFRACTIONS Be It Enacted by the City Council of the City of Fairfax,Iowa: SECTION 1. SECTION MODIFIED. Section 3.04 of the Code of Ordinances of the City of Fairfax, Iowa,2007, is repealed and the following adopted in lieu thereof: 3.04 CIVIL CITATIONS. Any officer authorized by the City to enforce this Code of Ordinances may issue a civil citation to a person who commits a municipal infraction. A copy of the citation may be served by personal service as provided in Rule of Civil Procedure 1.305, by certified mail addressed to the defendant at defendant's last known mailing address, return receipt requested, or by publication in the manner as provided in Rule of Civil Procedure 1.310 and subject to the conditions of Rule of Civil Procedure 1.311. A copy of the citation shall be retained by the issuing officer, and the original citation shall be sent to the Clerk of the District Court. The citation shall serve as notification that a civil offcnse has been committed and shall contain the following infor ation: (Code of Iowa, Sec. 364.22[4) 1. The name and address of the defendant. 2. The name or description of the infraction attested to by the officer issuing the citation. 3. The location and:time of the infraction. 4. The amount of civil penalty to be assessed or the alternative relief sought, or both. 5. The manner, location,and time in which the penalty may be paid. 6. The time and place of court appearance. 7. The penalty for failure to appear in court. SECTION 2. SEVERABILITY CLAUSE. If any section, provision or part of this ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION 3. WHEN EFFECTIVE. This ordinance shall be in effect from and after its final passage, approval and publication as provided by law. Passed by the Fairfax City Council on the l 0t'day of November,2009,and approved this 10'h Clay of November, 2009. AYES: Beer,Frieden,Rabe,Magers,and Wainwright. NAYS: None. ABSENT: None. l� William Voss,Mayor ATTEST: LLL Cyn is Stimson, City Clerk. First Reading: Waived Second Reading: Waived Third Reading: November 10,2009 I certify that the foregoing was published as Ordinance No. 93 on the 12"' day of November, 2009, Cyn, is Stimson,City Clerk ORDINANCE NO, 96 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF FAIRFAX, IOWA, 2007, BY AMENDING PROVISIONS PERTAINING TO HAZARDOUS SUBSTANCE CLEANUP COSTS Be It Enacted by the City Council of the City of Fairfax,Iowa: SECTION 1. SECTION MODIFIED. Section 36.04 of the Code of Ordinances of the City of Fairfax,Iowa, 2007, is repealed and the following adopted in lieu thereof: 36.04 LIABILITY FOR CLEANUP COSTS. The responsible person shall be strictly liable to the City for all of the following: 1. The reasonable cleanup costs incurred by the City or the agents of the City as a result of the failure of the responsible person to clean up a hazardous substance involved in a. hazardous condition. 2. The reasonable costs incurred by the City or the agents of the City to evacuate people from the area threatened by a hazardous condition caused by the person. 3. The reasonable damages to the City for the injury to, destruction of, or loss of City property,including parrs and roads,resulting from a hazardous condition caused by that person, including the costs of assessing the injury,destruction or loss. 4. The excessive and extraordinary cost incurred by the City or the agents of the City in responding at and to the scene of a hazardous condition caused by that person. SECTION 2. SEVERABILITY CLAUSE. If any section, provision or part of this ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION 3. WHEN EFFECTIVE. This ordinance shall be in effect from and after its final. passage, approval and publication as provided by law. Passed by the Fairfax City Council on the I0ffi day of November, 2009, and approved this 10'h day of November,2009. AYES: Beer,Frieden,Rabe, Magers,and Wainwright. NAYS: None. ABSENT. None. William Voss,Mayor ATTEST: Cyn is Stimson,City Clerk First Reading: Waived Second Reading: Waived Third Reading: November 10,2009 I certify that the foregoing was published as Ordinance No. 9!3 on the 12t` day of November, 2009. J 1 Cynth a Stimson, City 1eik ORDINANCE NO. 97 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF FAIRFAX, IOWA, 2007, BY REPEALING CHAPTER 43 PERTAINING'TO SEX OFFENDERS BE IT ENACTED by the City Council of the City of Fairfax, Iowa: SECTION 1. CHAPTER REPEALED. The Code of Ordinances of the City of Fairfax, Iowa,2007,is hereby amended by repealing Chapter 43, Sex Offenders, in its entirety. SECTION 2. SEVERABILITY CLAUSE. If any section, provision, or part of this ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision, or part thereof not adjudged invalid or unconstitutional.. SECTION 3. WHEN EFFECTIVE. This ordinance shall be in effect from and after its final passage, approval,and publication as provided by law. Passed by the Fairfax City Council on the 10"'day of November,2009, and approved this 10"` day of November,2009. AYES: Beer,Frieden,Rabe,Magers,and Wainwright. NAYS: None. ABSENT: None. William Voss,Mayor ATTEST: E t4W-v Cynt is Stimson, City Clerk First Reading: Waived Second Reading: Waived Third Reading; November 10,2009 I certify that the foregoing was published as Ordinance No. 93 on the 12"' day of November, 2009. Cynt is Stimson, City Clerk ORDINANCE NO. 98 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF FAIRFAX, IOWA, 2007, BY AMENDING PROVISIONS PERTAINING TO ABANDONED VEHICLES Be It Enacted by the City Council of the City of Fairfax,Iowa: SECTION 1. SECTIONS MODIFIED. Sections 80.02 and 80.03 of the Code of Ordinances of the City of Fairfax,Iowa, 2007,are repealed and the following adopted in lieu thereof: 80.02 AUTHORITY TO TAKE POSSESSION OF ABANDONED VEHICLES. A police authority, upon the authority's own initiative or upon the request of any other authority having the duties of control of highways or traffic, shall take into custody an abandoned vehicle on public property and may take into custody any abandoned vehicle on private property. The police authority may employ its own personnel, equipment, and facilities or hire a private entity„ equipment, and facilities for the purpose of removing, preserving, storing, or disposing of abandoned vehicles. A property owner or other person in control of private property may employ a private entity which is a garage keeper(any operator of a parking place or establishment,motor vehicle storage facility, or establishment for the servicing, repair, or maintenance of motor vehicles) to dispose of an abandoned vehicle, and the private entity may take into custody the abandoned vehicle without a police authority's initiative. If a police authority employs a private entity to dispose of abandoned)vehicles, the police authority shall provide the private entity with the names and addresses of the registered owners, all lienholders of record, and any other known claimant to the vehicle or the personal property found in the vehicle. ('Code of Iowa, S'ec, 321.89[2]) 80.03 NOTICE BY MAIL. The police authority or private entity that takes into custody an abandoned vehicle shall notify, within twenty (20) days, by certified mail, the last known. registered owner of the vehicle, all lienholders of record, and any other known claimant to the vehicle or to personal property found in the vehicle, addressed to the parties' last known addresses of record, that the abandoned vehicle has been taken into custody. Notice shall be deemed given when mailed. The notice shall describe the year, make, model and vehicle identification number of the vehicle, describe the personal property found in the vehicle, set forth. the location of the facility where the vehicle is being held, and inform the persons receiving the notice of their right to reclaim the vehicle and personal property within ten (10) days after the effective date of the notice upon payment of all towing, preservation, and storage charges resulting from placing the vehicle in custody and upon payment of the costs of the notice. The notice shall also state that the failure of the owner, lienholders or claimants to exercise their right to reclaim the vehicle or personal property within the time provided shall be deemed a waiver by the owner,lienholders and claimants of all right,title,claim and interest in the vehicle or personal property and that failure to reclaim the vehicle or personal property is deemed consent to the sale of the vehicle at a public auction or disposal of the vehicle to a demolisher and to disposal of the personal property by sale or destruction. If the abandoned vehicle was taken into custody by a private entity without a police authority's initiative, the notice shall state that the private entity may claire a garage keeper's lien as described in Section 321.50 of the Code of Iowa, and may proceed to sell or dispose of the vehicle. If the abandoned vehicle was taken into custody by a. police authority or by a private entity hired by a police authority, the notice shall state that any person claiming rightful possession of the vehicle or personal property who disputes the planned disposition of the vehicle or property by the police authority or private entity or of the assessment of fees and charges provided by this section may ask for an evidentiary hearing before the police authority to contest those matters. If the persons receiving notice do not ask for a hearing or exercise their right to reclaim the vehicle or personal property within the ten-day reclaiming, period, the owner, lienholders or claimants shall no longer have any right, title, claim, or interest. in or to the vehicle or the personal property. A court in any case in law or equity shall not. recognize any right, title, claim, or interest of the owner, lienholders or claimants after the expiration of the ten-day reclaiming period. (Code of Iowa, Sec. 321.8 [3aa]) SECTION 2. SEVERABIL1ITY CLAUSE. If any section, provision or part of this ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the: ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION 3. WHEN EFFECTIVE. This ordinance shall be in effect from and after its final passage,approval and publication as provided by law. Passed by the Fairfax City Council on the 10`h day of November, 2009,and approved this 10r''day of November,2009. AYES. Beer,Frieden,Rabe,Magers,and Wainwright. NAYS: None. ABSENT: None. 4 Wi liam Voss,Mayor ATTEST: Cyn is Stimson, City Clerk First Reading: Waived Second Reading: Waived Third Reading: November 10, 2:009 I certify that the foregoing was published as Ordinance No. 93 on the 12th day of November, 2009. Cynt is Stimson, City Clerk ORDINANCE NO. 99 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF FAIRFAX, IOWA, 2007, BY AMENDING PROVISIONS PERTAINING TO DISPOSAL OF PROPERTY Be It Enacted by the City Council of the City of Fairfax,Iowa; SECTION 1. SECTION MODIFIED. Section 137.06 of the Code of Ordinances of the City of Fairfax,Iowa, 2007,is repealed and the following adopted in lieu thereof: 137.06 DISPOSAL BY GIFT LIMITED. The City may not dispose of real property by gift except to a governmental body for a public purpose or to a fair. (Cade of Iowa, Sec. 174.15[21&34,7, 31) SECTION 2. SEVERABILITY CLAUSE. If any section, provision or part of this ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION 3. WHEN EFFECTIVE. This ordinance shall be in effect from and after its final passage, approval and publication as provided by Iaw. Passed by the Fairfax City Council on the I Oh day of November,.2009, and approved this l0'h day of November,2009. AYES: Beer,Frieden,Rabe,Magers,and Wainwright. NAYS: None. ABSENT: None. Wi ham Voss,Mayor ATTEST: Cynth a Stimson, City Clerk First Reading: Waived Second Reading: Waived Third Reading: November 10,2009 I certify that the foregoing was published as Ordinance No. 913 on the 12th day of November, 2009. Cynt is Stimson, City Clerk ORDINANCE NO. 100, AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF' FAIRFAX,IOWA, 20071 BY AMENDING PROVISIONS PERTAINING TO UTILITY SERVICE Be It Enacted by the City Council of the City of Fairfax,Iowa: SECTION 1. SUBSECTION MODIFIED. Subsection 2 of Section 92.05 of the Code of Ordinances of the City of Fairfax, Iowa, 2007, is repealed and the following adopted in lieu thereof: 2, Notice to]Landlords. If the customer is a tenant, and if the owner or landlord of the property or premises has made a written request for notice, the notice of delinquency shall also be given to the owner or landlord. SECTION 2. SECTION MODIFIED. Section 92,08 of the Code of Ordinances of the City of Fairfax,Iowa, 2007, is repealed and the following adopted in lieu thereof: 92.08 LIEN NOTICE. A lien for delinquent water service charges shall not be certified to the County Treasurer unless prior written notice of intent to certify a lien is given to the customer in whose name the delinquent charges were incurred. If the customer is a tenant and if the owner or landlord of the property or premises has made a written request for notice,the notice shall also be given to the owner or landlord. The notice shall be sent to the appropriate persons by ordinary mail not less than thirty (30) days prior to certification of the lien to the County Treasurer, (Cade of rowa, See. 384.84) SECTION 3. SEVERABILITY CLAUSE. If any section, provision or part of this ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION 4. WHEN EFFECTIVE. This ordinance shall be in effect from and after its final passage,approval and publication as provided by law. Passed by the Fairfax City Council on the I01 day of November, 2009, and approved this 106" day of November, 2009. AYES: Beer,Frieden,Rabe,Magers, and Wainwright. NAYS: None. ABSENT: None. Wiliam Voss,Mayor ATTEST: 1s� i Cyn is Stimson, City Clerk First Reading: Waived Second Reading; Waived. Third Reading: November 10,2009 I certify that the foregoing was published as Ordinance No. 93 on the 12'h day of November, 2009. Cynthia Stimson,City Clerk Fairfax/419915-13/2nd V,Hrg Only General Obligation Water 419915-13 (Hearing) (General Obligation Water Improvement) Fairfax, Iowa November 1.0, 2009 The City Council of the City of Fairfax, Iowa, met on November 10, 2009, at 7:00 o'clock p.m., at the City Hall in the City. The meeting was called to order by the Mayor, and the roll was called showing the following members of the Council present and absent: Present: 6, Absent: x This being the time and place specified for holding the public hearing and taking action on the proposal to enter into a. General Obligation Water Improvement Loan and Disbursement Agreement, the City Clerk announced that no written objections had been placed on file. Whereupon, the Mayor called for any written or oral objections, and there being none, the Mayor declared the public hearing closed. After due consideration and discussion, Council Member {; introduced the following resolution and moved its adoption, seconded by ouncil Member Lk The Mayor put the question upon the adoption of said resolution, and the roll being called, the following Council Members voted: Ayes. 1 Aw ..� Nays: -- Whereupon,the Mayor declared the resolution duly adopted, as follows: DORSEY&WIIITNEY LLP,ATTORNEYS,DES MOINES,IOWA 1,?airffax/419915-13/2nd''/a Hrg Only General Obligation Water RESOLUTION NO. _ �� Taking additional action to enter into a General Obligation Water Improvement Loan and Disbursement Agreement WHEREAS, the City of Fairfax (the "City"), in the County of Linn, State of Iowa, has heretofore proposed to enter into a General Obligation Water Improvement Loan .and Disbursement Agreement (the "Agreement") and to issue General Obligation Water Improvement Bonds (the "Bonds") in evidence thereof in a principal amount not to exceed $350,000, pursuant to the provisions of Section 384.24A of the Code of Iowa., for the purpose of paying the cost, to that extent, of constructing improvements and extensions to the Municipal Waterworks System, and has published notice of the proposed action and has held a hearing thereon, NOW, THEREFORE, It Is Resolved by the City Council of the City of Fairfax, Iowa, as follows: Section 1. The Council hereby determines to enter, into the Agreement in the future and orders the Bonds to be issued at such time in evidence thereof, The Council further declares that this resolution constitutes the "additional action" required by Section 3 84.24A of the Code of Iowa. Section 2. All resolutions and orders or parts thereof in conflict with the provisions of this resolution, to the extent of such conflict, are hereby repealed. -2- DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA Fairfax/419915-13/2nd%Hrg Only General obligation Water Section 3. This resolution shall be in full force and effect immediately upon its adoption and approval, as provided by law. Passed and approved November 10, 2009. Mayor Attest: pity Cl rk • • • • On motion and vote, the meeting adjourned. Mayor Attest: City C-erk -3- DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA Fairfax/419915-13/2nd%:FIrg Only GeneralObligation Water STATE OF IOWA COUNTY OF LINN S'S: CITY OF FAIRFAX I, the undersigned, City Clerk of the aforementioned City, do hereby certify that attached hereto is a true and correct copy of the proceedings of the City Council relating to the hearing on the City Council's intention to enter into a General Obligation Water Improvement Loan and Disbursement Agreement in a principal amount not to exceed 3 50,000. 15 WITNESS MY HAND this day of j, , 2009. C1tyi lerk -4- DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA Fairfax/419915-13/1"half GO Wtr (PLEASE NOTE: Please do not date and return this certificate until you have received the publisher's affidavit and have verified that the notice was published on the date indicated in the affidavit, but please return all other completed pages to us as soon as they are available.) STATE OF IOWA COUNTY OF LINN SS: CITY OF FAIRFAX 1, the undersigned, City Clerk of the aforementioned City, do hereby certify that pursuant to the resolution of its Council fixing a date of meeting at which it is proposed to take action to enter into a Loan and Disbursement Agreement, the notice, of which the printed slip attached to the publisher's affidavit hereto attached is a true and complete copy, was published on the date and in the newspaper specified in such affidavit, which newspaper has a general circulation in the City. WITNESS MY HAND this day of _, 2009. City Clerk (Attach here the publisher's original affidavit with clipping,of the notice, as published.) -7_ DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA STATE OF IOWA Counties of Linn and Johnson ss. NOTICE OF PROPOSED.ACTION TO tINSTITUTE EPROCE ED:INGS TO BORROW MONEY ANITENTER INTO A LOAN AND DIS13URSEIAENTAGP- E RWNT I, Dave Storey, do state that I am the publisher of IN A,PRINCIPAL AMOUNT nOTTO EXCEED$350,000 THE GAZETTE, a daily newspaper of general (GrENERAL OBLIGATION) The CIIy.Council of the CIIY of Fairfax, circulation in Linn and Johnson Counties in Iowa. ill Iowa,wmeet on the I01h daY of No- City,4r :,009, l k: city ball, in the The notice, a printed copy of which is attached,was CI1Y�at 7rso o'clock p.m.,for;the put- :: pose of frlstitutinsiptviceedlnO and tak- Ing actlan to enter,l.nto a loan`and dis- inserted and published in THE GAZETTE newspaper ibuusemeTit agreemen4 (the Agree- ment').and borrow money in-a prfnci- in the issue(s) of November 2nd, 2009 pai amount not to exceed$350,000 for IIPae pu noise of:vaYl.hg the cost,to that extent, of constructing improvements and extensions 10 the llrlunlcipal Water- warksW-Stem. The reasunable fee for publishing su.::i riu�i°:e , The Agreement will`con.Mitute a gener.- at obligation allthe'City and Is,proposed $17.69 to be entered inrn:pursuant.to aulhorlly canteihed In 5eclto6 394;24A of:the: . Code oflowa. At thea time and place, oral or*rttten obiectlons may be filed.... our made to the proposal to enter Into the Agreemmr.'=A€ter recei.vins oblec- lions„the City may:determine to enter Into the'AgrWnent,In whI6:.case,.the decuslon Will beflnel unless appealed to: the District Court wllhiri fifteen f15) dales thefeafter. fay order of the City Council of the Clry *f,Fairfax,Iowa. on No rrS be son,009.Clerk Pubilshed in the Cedar Rapids Gazette on November,2009 This instrument was acknowledged by Dave Storey before me on November 21", 2009 Notary Public in and for the State of Iowa Diane ousta Cwtith'a Number 753222 Nay Commission Expires: June 11,2011 RESOLUTION NO, 2009-57 RESOLUTION TO ISSUE PARTIAL PAYMENT##1 TO RATHJE CONSTRUCTION CO. FOR THE WATER MAIN REPLACEMENT PROGRAM,PHASE I IMPROVEMENTS WHEREAS, the City Council of Fairfax, Iowa has contracted with Rathje Construction Co. for the Water Main Replacement Program, Phase I Improvements, within the corporate limits°, and WHEREAS, Hall and Hall Engineers, Inc., has recommended approval of Application for Payment No. 1 from Rathje Construction Co., for a current payment due of$66,601.18. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fairfax, Iowa, to approve the Application for Payment No. 1 from Rathjc Construction. Co. for the Water Main Replacement Program, Phase I Improvements and issue a check for$66,601.18. BE IT FURTHER RESOLVED, by the Fairfax City Council of the City of Fairfax, Iowa, that the Mayor and City Clerk are hereby authorized and directed to execute said resolution. Passed and approved this 101'x°day of November, 2009. AYES: Beer, Frieden, Rabe,Magers, and Wainwright NAYS: None ABSENT: None illiarh Voss, Mayor ATTEST: 1 f 0. Cyn is Stimson, City Clerk. E APPLICATION FOR PAYMENT APPLICATION NO. 01 Project: WATER MAIN REPLACEMENT PROGRAM, PHASE I FAIRFAX, LIN'N COUNTY, IOWA Contractor: Rathje Construction Co. 305 44th Street,, P.O. Box 408 Marion, Iowa 52'302 Owner: City of Fairfax, Iowa Original Contract Amount: $243,728.65 Revised Contract Amount: $344,993.53 Date: November 4, 2009 The Contractor noted above, in accordance with the provisions of the contract documents,hereby requests approval of this application for payment on the following estimates of contract work completed: Original Contract Work Completed $ 54,106,50 Materials Stored On Site $ - Change Orders: Change Order No. Date Approved Arnount 1 July 30,2009 $ 25,600.00 2 August 13,2009 $ 71,502.15 3 October 27,2009 $ 4,162.73 Total Change In Contract Amount from Change Ordersi $ 101,264.88 Total Change Order Work Completed $ 16,000.00 Total Complete and Stored to Date $ 70,106.50 Retainage 5% $ 3,505.33 Total Complete and Stored to Date(Less Retainage $ 66,601..18 Less Previous Estimates $ - Current Payment Due $ 66,6011.18 Distribution: Owner Engineer Contractor Other Page 1 of 3 i CONTRACTOR'S CERTIFICATION: The undersigned Contractor certifies„to the best of the Contractor's knowledge,that the above information and estimated values of completed work covered on this Application for Payment have been completed in accordance with the provisions of the Contract Documents„that all amounts have been paid by the Contractor for work for which iprevious Applications for Payment have been made and payments received from the Owner, and that the current payment billing requested is now due. Contractor's Authorized Representative: By: Date: d ENGINEER'SIARCHITECT'S RECOMMENDATION: In accordance with the provisions of the Contract Documents and based on the Engineer's/Architect's on- site observations of the work included in this Application for Payment and based on the Engineer's/Architect's review of this Application for Payment including the accompanying supporting data, and to the best of the Engineer's knowledge, information and belief,the work included in this Application for Payment is completed substantially in conformance with the Contract Documents and payment by the Owner is hereby recommended. Engineer's/Architect's Authorized Representative: Lioc, By: Date: CITY OF FAIRFAX PAYMENT RECOMMENDATION: Payment to the Contractor is hereby recommended based on the Application for Payment submitted by the Contractor and the Engineees/Architect's recommendation. City of Fairfax Authorized Representative: By: Date: ATTACHMENTS REQUIRED: 1. Line Item Schedule of Contract Values Summary,Amounts Completed This Period,and Amounts Completed To Date. Recommend use of AIA Document G703. 2. Line Item Schedule of Contract(Materials Stored and Values(if applicable). ACCOUNTING USE ONLY: Page 2 of 3 APPLICATION FOR PAYMENT APPLICATION NO.01 Project: WATER MAIN REPLACEMENT PROGRAM,PHASE I FAIRFAX,LINN COUNTY,IOWA Contractor: Ralhle Ccristnuclen Co. Engineer. Hall&Hall Eng9!neam,Ind, Revised Contract Amount: $344,993.53 Date: November 4,20109 SW Prices This Pal To Date Item item Description Unite Quantities Unit Pdca Total Quantity Amount Quantity Amount %C4mlmptele 1.. MmlbiOzatlon L5 11 $ 10,09440 $10.000.00 0,28 $28100.00 0.28 $2,860.00 2'81.00% 2. Tnamo Co l L5 11 $ 2,275.00 $2,275.00 0.15 $'341.25 4.55 $341.25 15.60% 3.. Temporary Erodon end Sediment Control LS 11 $ 150.90 $350.04 0.00 50.00 0.00 $0.00 a.1Day 4. Ciaarin and Grubbin LS 9 S 1,400.00 $1,41)0, 0.00 $0.00 0.00 $0.00 0.00% Pavement RemoveE,Olspoael and Replacement, $75,207.15 5,886,OD $46„465.25 1,855.00 $46,465.25 61.78% 6.. Polyethylene Wrap,Tracer W€re,and Fillings to LF 3,0151 $ 24.65 i2"PVC C-1300 Watermaln Including Necessary Pavement Removal,Disposal and Replacement, $62,161.50 0,00 $0.00 0.00 $0.00 0.00% Polyethylene Wrap,Tracer Wire,and Flllinge In l Il See Special Provisions LFE21 $ 43,50 7. $'Water Mein Gale Valve Assembl EA. $ 900.00 $11700.00 5.09 114500.99 5.00 $4500.00 38,46'% B. 112^Water Mein Gale Valva Aesambl EA. $ 1,606.00 $12800.00 0.00 $0.00 0.00 $0.00 01.00% S. 8"Waley Meln Blow-Off Assembl LA $ fi6p,00 $1 800.011 0.00 501.00 O.On $0.00 0,00% 1'19. 12"Water Maln Blow-Off Assembl EA, S 600.00 $600.00 0.00 501.00 0.00 $6.00 0.00% 1111, B'Wafer Maln At,Release AssemblyEA. It 600,00 $1,200.00 0.00 501.00 0.00 $0.00 0.00% Connect Ex.4"Dla Water Sal Ffarn Flre 12. :St�allon to New Water Main EA. I $ 11200.00 $1,200.00 0,00 $0.00 6.00 $0.60 0.018% star Seraloes,1'Coppar,Including Removal, 0 Osposa1,and Replacement of Exlsling Curb $25,410.00 0.00 $01.010 0.00 $0.00 0.00% 113. Sto and Box EA. 33 $ 770.00 Ilavdoding Removal,Disposal,and Replacement $27,540.00 0.00 $0.00 0.60 $0109 0..000b 114. of Eidstln corm 51 and Bax EA 25 $ 1,100.00 Connect Exisling Fire Hydrant to New $4,725.00 0.00 K00 0100 $p,Op O'a0P1'% 1B.. Waterman,Enciudin NecessaryLead Uns EA. !9 $ 525,00 16. Olsinfrl and H droalalie7estin LS 1 S 100.40 $100.00 0.00 $0.00 0.00 $0.00 UAW% 17'.. Gradin' and SeedingLS 1 $ 5,500.00 $5,500.00 0.00 $0.00 0.00 $0.00 01.009E COMPUTED TOTAL BID(ITEMS 1 THROUGH 17)= $243,728.65 $54,100:50 $54,106.50 22.20% MATERIALS STORED ON SETE ITEM DESCRIPTION UNITS QUANTITY PRICE PER UNIT' 'TOTAL TOTAL MATERIALS STORED ON S%TE' $9,010 ORANGE ORDERS This Period To Date NO. Decription Unit T043E Unit Price Total Quantity Amount Quantity Amount %CommlpN,a6e Quantity 11 Added New Hire Hydrants to Pro'0ct EA 8 $3,200.00 $25,800.00 5.00 1 $'116 000..00 5.00 $16.000.00 62.50% 2 6'Pts PVC Water Mahn LF FBI $24-65 $19,251.66 0.00 $0.00 0.00 $0.00 0.0095 2 12"Dia PVC Water Main LF 1623 $43.50 $27100.50 0.00 $0.00 0.00 $0.00 0.00% 2 S'Gate Valve E1. 4 $900.00 $3 600.00 0.00 $El 0.00 $0.00 0:00% 2 12"Gate Valve FA '3 $1,600.00 $4,860.00 0.00 $0.06 0.00 $0.00 0.00% 2 12"'Blow-off Assembl EA. 1 $600.00 $600.00 0,00 $0.06 0.00 $0.130 0.00% 2 Water Service 1"m er and Stopbox EA. 16 $770100 $4,620.00 0.00 $0.00 0.00 $0.00 C00% 2 connect Fire Hydrant to naw W star Main Eft. 2 $525.06 S1 050.00 0.00 $0.00 0.00 $0100 01,010% 2 Furnish and Install Fire Hydrant EA. 12 $3,200.00 $6.400.00 0.00 $0.00 0.00 $0.00 0.08% 2 Remove and Replace Pence(Sankot Prop.) PA. 1 $1,100.00 $1,100.00 0.00 $0.00 9100 $0.00 0..80% '2 ,'Pe manant Freston Seeding H 1511 EA. 1 $420.00 $420.00 0.00 $0.00 0.00 $0.00 048% 2 Erosion Control Matiln 151€ EA, 1 $365.00 $386.00 0100 i $0.00 0.00 $0.00 0„08% Qcul Ined Space Water main Install, 2 Including necessary Tree Trimming and 1. $2,195.04 $2,195.06 0.60 $0.010 0.06 $0.00 0..108% O s s1 EA. Compact 6'PVC water main trench to 95% 3 compaction along Hwy 151,Includes trench LF 761 $5.33 $4,162.73 0.00 $0.00 0.00 $0.00 O:OrtY°IO ho CHANGE ORDER NO.O1.3 TOTALS $101,264.BB $it3,090,810 $16000.00 Y5.80'9$ REVISED CONTRACT TOTAL AFTER ALL C.O.1F'ANY $344,993.53 154106.50 ORIGINAL CONTRACT WORK COMPLETED, $0.00 MATERIALS STORED ON SITE $t 000.011 TOTAL CHANGE ORDER WORK COMPLETED 70108.50 TOTAL 6.00% $3,505.33 RETAINAGE .165 601.1!3 TOTAL LESS RETAINAGE 0.00 LESS PREVIOUS PAYMENTS $66,60,1111 CURRENT PAYMENT DUL Page 3 c1 3 RESOLUTION NO. 2009-58 A RESOLUTION AUTHORIZING THE TRANSFER OF FUNDS FOR THE PAYMENT OF GENERAL OBLIGATION DEBT DUE DECEMBER 1,2009 WHEREAS, The City Council of the City of Fairfax, Iowa, has numerous outstanding general obligation debt notes with interest due on December 1, 2009; and WHEREAS, The City Council of the City of Fairfax, Iowa, wishes to make the required interest payments on time and in order to make those payments, transfers are needed; and WHEREAS, The Finance Administrator has submitted the following list of those notes and the transfers needed. Section 1. Interest due on $465,000 General Obligation Combined Corporate Purpose Loan Notes, Series 2003, dated March 1, 2003 as follows: a. Transfer Order: $700.00 from the TIF Fund to the Debt Service Fund. Purpose of notes: Library Repairs/Reassigned to WWTF Project. b. Transfer Order: $2,800.00 from the General Fund, Fire Department Budget, to the Debt Service Fund. Purpose of notes: Fire Equipment Purchase. Section 2. Interest due on $780,000 General Obligation Corporate Purpose & Refunding Notes, Series 2008B, dated April 1,2008 as follows: a. Transfer Order: $11,422.50 from the TIF Fund to the Debt Service Fund. Purpose of notes: Water Main Construction Project/Reassigned to WWTF Project. Section 3. Interest due on $560,000 General Obligation Sanitary Sewer & Refunding Notes, Series 2008A, dated March 1, 2008 as follows: a. Transfer Order: $4,025.00 from the TIF Fund to the Debt Service Fund. Purpose of notes: Water Main Construction Project/Reassigned to WWTF Project. b. Transfer Order: $3860.00 from the TIF Fund to the Debt Service Fund. Purpose of notes: Sanitary Sewer Improvement Project. Section 4. Interest due o $700,000 General Obligation Wastewater Notes, Series 2004, dated December 1, 2004 as follows: a. Transfer Order: $10,886.25 from the TIF'Fund to the Debt Service Fund. Purpose of notes: Wastewater Improvement Project. Section 5. Interest due on $650,000 General Obligation 'Sanitary Sewer Improvement Notes, Series 2005, dated October 1, 2005 as follows: a. Transfer Order: $8,737.50 from the TIF Fund to the Debt Service Fund. Purpose of notes: Sanitary Sewer Improvement Project. Section 6. Interest due on $800,000 General Obligation Urban Renewal Land Acquisition Notes, Series 2006, dated October 11, 2006 as follows: a. Transfer Order: $7,937.50 from the TIF Fund to the Debt Service Fund. Purpose of notes: Urban Renewal Land Acquisition. Section 7. Interest due on $7'90,000 General Obligation Corporate Purpose Notes, Series 2009, dated March 24, 2009 as follows: a. Transfer Order: $19,295.16 from the LOST'2009 Fund to the Debt Service Fund. Purpose of notes: Water Main Replacement and East Drainage and Detention Basin Projects. Section 8. Total transfers by fund: a. From TIF'Fund to Debt Service Fund: $47,568.75 b. From Fire Department Budget to Debt Service: 2,800.00 c. From LOST 09 Fund to Debt Service Fund: 19 295.16 Total transfer of all funds to Debt Service: $69,663.91 NOW, THEREFORE,BE IT RESOLVED,By the City Council of the City of Fairfax, Iowa, that the Finance Administrator is directed to make these recommended transfers and payments. BE IT FURTHER RESOLVED, That the Mayor and City Clerk are hereby authorized and directed to execute said Resolution. Passed and approved this 10'h day of November, 2009. AYES: Beer, Frieden,Rabe,Magers, and Wainwright NAYS: None ABSENT: None .y William Voss,Mayor ATTEST: C thia K. Stimson, City Clerk RESOLUTION NO, 2009-59 RESOLUTION AUTHORIZING AND DIRECTING THE FINANCE ADMINISTRATOR TO WRITE-OFF CERTAIN UTILITY ACCOUNTS AS UNCOLLECTIBLE WHEREAS, The City of Fairfax's Financial Administrator has reviewed a list of customer utility accounts showing balances due, payable and delinquent as of October 31, 2009; and WHEREAS, The City's Finance Administrator, with all collection efforts exhausted, has advised the Fairfax City Council to write-off certain said accounts as uncollectible bad debts, as shown on Exhibit"A" attached hereto; and WHEREAS, Based upon the advice of the Financial Administrator and a review of Exhibit"A",the Fairfax City Council believes that it is in the best interest of the City to write-off said due,payable and delinquent utility accounts as uncollectible bad debts. NOW, THEREFORE,BE IT RESOLVED, That the Finance Administrator of the City of Fairfax, Iowa, is hereby authorized and directed to write-off the official books and records of the City of Fairfax, Iowa, the customer utility accounts shown on Exhibit "A", attached hereto, and by this reference incorporated herein, as uncollectible bad debts, after applying and setting- off any deposit held by the City. BE IT FURTHER RESOLVED, By the City Council of the City of Fairfax, Iowa,that the Mayor and City Clerk are hereby authorized and directed to execute said Resolution. Passed and approved this 10tn day of November, 2009, A'Y'ES: Beer, Frieden, Rabe, Magers, and Wainwright NAYS: None ABSENT: None William Voss,Mayor ATTEST: 0 Cynt is Stimson, City Clerk EXHIBIT "A" 6500 Matt Willemsen 411 Front Street 38.40 11100 Carrie Emerson 325 Church Street 117.14 27000 Anthony Moore 117 Railroad Street#4 37.51 27500 Leroy Morgan 521 Front Street 170.88 38600 Rochelle Stone 705 1st Street 223.62 38601 Rochelle Stone 705 1st Street 6.36 48800 Cory Steele 130 Skyview Avenue 40.41 48801 Cory Steele 130 Skyview Avenue 6.31 Total: 640.63 RESOLUTION NO, 2009-60 RESOLUTION SETTING PUBLIC HEARING FOR AMENDING THE FAIRFAX ZONING ORDINANCE OF 2000 OF THE CITY OF FAIRFAX,IOWA,BY ADOPTING A NEW OFFICIAL ZONING MAP WHEREAS, the City of Fairfax needs to adopt an updated Official Zoning Map and a public hearing is required to be held concerning this issue. NOW, THEREFORE., BE IT RESOLVED, that the Public Hearing concerning adoption of an updated Official Zoning Map shall be held at the City Council meeting on Tuesday, December 8, 2009,at 7:00 PM at Fairfax City Hall. BE IT FURTHER RESOLVED, by the City Council of the City of Fairfax, Iowa,that the Mayor and City Clerk are hereby authorized and directed to execute said Resolution. Passed and approved this, 10`'day of November, 2009. AYES: Beer, Frieden, Rabe, Mgers, and Wainwright NAYS: None ABSENT: None William Voss, Mayor ,ATTEST: lLr , j� fir, Cy#thia Stimson, City Clerk RESOLUTION NO. 2009-61 RESOLUTION APPROVING CHANGE ORDER NO. S-BALANCING FOR THE EAST DRAINAGE WAY PROJECT ON EAST CEMETERY ROAD WHEREAS, the City Council of Fairfax, Iowa has contracted with Arensdorf Excavating & Trucking, Inc. for the East Drainage Way Project on East Cemetery Road,. within the corporate limits; and WHEREAS, Hall and Hall Engineers, Inc., has recommended approval of Change Order No. 5 - Balancing, to correct the contract amount to reflect actual. quantities and previous change orders thereby reducing the contract amount by $13,391.30. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fairfax, Iowa, to approve Change Order No. 5 - Balancing for the East Drainage Way Project on East Cemetery Road which will make the final revised contract amount $156,617.42. BE IT FURTHER RESOLVED, by the Fairfax City Council of the City of Fairfax, Iowa, that the Mayor and City Clerk are hereby authorized and directed to execute said Resolution. Passed and approved this 10th day of November, 2009. AYES: Beer, Frieden, Rabe,Magers, and Wainwright NAYS: None ABSENT: None William Voss, Mayor ATTEST: R Cynt a Stimson, City Clerk. is 11x"05/2009 22: 02 3194622495 ARENEDORFE'XC AVATINS RAGE 02 PROJECT: EAST DRAINAGE WAY PROJECT ON PAST CEMETERY ROAD DATE: N"avombar 5,2004 OVWNER: 111e City of Fairfax,laws CONTRACTOR: Avwn#dW Excavating S Trucking int. FENGINEEM Bali and Mall F"Ir sirs,Inc CHANGE ORDER NO. 5- BALANCING EIID ITtim SCMED OLE OF VALUES NOW CRIPTION UNIT a'lr"I" UNIT PRICE ADJUSTED AMOUNT 151. Sit Fence L -82 " 7. ern Oval of Existin Ianst SY = ffi 3.Ot� 3 198,110 rado Istablorption with Crowstens 14- Conti anav aid Item Cy -1 $ 54.Ob $ 22. ant,Class A Sl= �+41311i $ 7,50 911$ S.00 24- atE u cin •5'Layerof dRn1 tOrM $Y µ1 ±w 13.50 187.00 25. aEe urfacln =3"L:i or hies A hoe urns. SY •38 11.00 418.110 26, Seal Coal, us lication SY .292 25.00 $ 3OQ.Ot7 x sior fit •11}3811 1 (42,831 OFUSINAL COWRACT AMOUNT $ 11170.005,72 NET ADJUSTMENT TOORIGINAL CONTRACT (42.831.40 ORIGINAL CONTRACT WORK COMPLETED 127,177,32 C:O.sit) ITEM SCHEDULE 01=VALUES NO. CRIPTION UNIT CITY UNIT PRICE ADJUSTED AMOUNT 1 acs saa evetmen ss 4...311 095. CO,3 "IOM EIC,in .2 Stand earl o, i r LF 8-30 5,444.80 TOTAL NET ADJUSTNEWr TO CONTRACT N"ADJUSTMENT TO ORIGINAL CONTRACT # (+12,831.44) TOTAL CHANCE ORDER WORK 293.4 0.10 TOTAL CONTRACT AMENDMENT CONTRACT SUMMARY: ORIGINAL CONTRACT AMOUNT 9 110,008.72 CONTRACT AMENDMENT 64NO ANCMQ 118,84 1.30 FINAL 1tEV1S90 CONTRACT AMOUNT 140,617.42 OWNER Ely, T11�LE. e GOINTIRACTOfk 12/ BY; TITLE, AvCf DATE, .- �� tiJ 7 1 - � --— — ENGWEE1t J BY: fff TITLE« DATE: Page 1 of 1 RESOLUTION NO. 2009-62 A RESOLUTION TO APPROVE APPLICATION FOR PAYMENT NO. 4 - FINAL TO ARENSDORF EXCAVATING & TRUCKING,INC. FOR THE EAST DRAINAGE WAY PROJECT ON EAST CEMETERY ROAD WHEREAS, the City of Fairfax, Iowa has contracted with Arensdorf Excavating and Trucking,Inc. for the East Drainage Way Project on East Cemetery Road; and WHEREAS, the City of Fairfax's engineering firm, Hall & Hall Engineers, Inc., has reviewed Arensdorf Excavating and Trucking, Inc.'s Application for Payment No. 4-• Final for completion of the project and have found it to be in accordance with their Schedule of Values and work completed to date and has, therefore, recommended payment of $7,830.87 on the contract for the East Drainage Way Project on East. Cemetery Road. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fairfax, Fairfax, Iowa, that the City Clerk is hereby directed to issue Payment No. 4 - Final in the amount of$7,830.87 to Arensdorf Excavating and Trucking, Inc. for the East Drainage Way Project on East Cemetery Road, after 30 (thirty) days have elapsed from the date of acceptance if no claims against the project are filled. BE IT FURTHER RESOLVED, by the Fairfax City Council of the City of Fairfax, Iowa, that the Mayor and City Clerk are hereby authorized and directed to execute said Resolution. Passed and approved this 10''day of November, 2009, AYES: Beer,Frieden, Rabe, Magers, and Wainwright NAYS: None ABSENT: None r William Voss, Mayor ATTEST: ('1uPAV Cynthia Stimson, City Clerk FINAL APPLICATION FOR PAYMENT APPLICATION NO. 04 - FINAL Project: EAST DRAINAGE WAY PROJECT ON EAST CEMETERY ROAD FAIRFAX, LINN COUNTY, IOWA Contractor: Arensdorf Excavating and Trucking Inc 9802 Co. Rd X-40 Anamosa, Iowa 52205. Owner: City of Fairfax, Iowa Original Contract Amount: $170,008.72 Revised Contract Amount(After CO#3): $161,173.82 Date: November 50,2009 The Contractor noted above, in accordance with the provisions of the contract documents, hereby requests p _per payment following estimates of contract work completed: approval of this application for a m�eint on the Original Contract Work Completed $ 127,177.32 Materials Stored On Site $ _ Change Orders: Chan6e Order No..: Date Approved Amount 1Ma 12, 2009 $ 6,979.70 3 July 14, 2009 $ 1,855.20 Total Change In Contract Amount from Change Orders 1 $ 8,834.90 Total Change Order Work Completed $ 29,440.10 Total Complete and Stored to Date $ 156,617.42 Retainage (Pay in Full) 0% $ - Total Complete and Stored to Date Less Retainage $ 156,1I617A2 Less Previous Payments $ 148„786,55 Current Payment Due $ 7,,830.87 Distribution: Owner Engineer Contractor Other Page 1 of 3 111512009 CONTRACTOR'S CERTIFICATION: The undersigned Contractor certifies,to the best of t Contractor's knowledge,that the above information and estimated values of completed work overed on this Application for Payment have been completed in accordance with the provisions of the C)ntract Documents,that all amounts have been paid by the Contractor for work for which previous Applica ions for Payment have been made and payments received from the Owner,and that the current payme it billing requested is now due. Contractor's Authorized i� presentativ =. �: YjfA'`J 13y: �� •- � � Date; ENGINEER'S/ARCHITECT'S RECOMMENDATION: In accordance with the provisions of the Contract Do uments and based on the EngineeeslArchitect's on- site observations of the work included)in this Applicat on for Payment and based on the Engineer's/Architect's review of this Application for P tyment including the accompanying supporting data, and to the best of the Engineer's knowledge, informa ion and belief, the work included in this Application for Payment is completed substantially in conformatic a with the Contract Documents and payment by the Owner is hereby recommended. Engineer's/Architect s Author ed Repentative" By: Date: CITY OF FAIRFAX PAYMENT RECOMMENDATION; Payment to the Contractor is hereby recommended t ased on the Application for Payment submitted by the Contractor and the Engineer's/Architect's recomr iendation. City of Fairfax Authorized Representative: By: r" Date: ATTACHMENTS REQUIRED: 11, Line Item Schedule of Contract Vatues Summary, Amounts Completed This Period, and Amounts Completed To Date. Recommend use of AIA Docun ent G703, . Line Item Schedule of Contract Materials Stored nd Values (if applicalble). 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(]VOM AM3131N301SV3 NO 103PO6d AVM 3JOVNIVM01SV3 :1301OJd AGENDA FAIRFAX CITY COUNCIL REGULAR MEETING TUESDAY,NOVEMBER 10,2009 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 October 13, 2009 b. City Council minutes dated October 27, 2009 c, City Council minutes dated November 4, 2009 d. Planning& Zoning Commission minutes dated October 20, 2009 5. Public Hearing-7:00 PM a. Written and oral comments on the proposed amendment to the definition of family in Section 1.05 Rules and Definitions, Subsection B. of the Fairfax Zoning Ordinance of 2000 6. Review and place on file the Planning and Zoning Commission's RECOMMENDATION NO. 2009-07 7. Consider ORDINANCE 91 to amend the definition of family in Section 1.05 Rules and Definitions, Subsection B. of the Fairfax Zoning Ordinance of 2000 a. Consider introduction of ORDINANCE NO. 91 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. 91 c. Consider motion for final passage and adoption with respect to ORDINANCE NO.91,AN ORDINANCE AMENDING THE FAIRFAX ZONING ORDINANCE OF 2000 OF THE CITY OF FAIRFAX,IOWA,BY AMENDING PROVISIONS PERTAINING TO SECTION 1.05-RULES AND DEFINITIONS, SUBSECTION B.DEFINITIONS 8. Public Hearing-7:00 P a, Written and oral comments on a General Obligation Water Improvement Loan and Disbursement Agreement for the Water Meter Replacement and Upgrade to an Automatic Meter Reading System Project 9'. Consider RESOLUTION to approve a General Obligation Water Improvement Loan and Disbursement Agreement for the Water Meter Replacement and Upgrade to an Automatic Meter Reading System Project 10. Consider ORDINANCE 92 to amend the no parking zones listing in Section 69.08 of the Code of Ordinances of the City of Fairfax,Iowa, 2007 a. Consider introduction of ORDINANCE 92 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. 92 c. Consider motion for final passage and adoption with respect to ORDINANCE NO. 92,,AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF FAIRFAX, IOWA,2007, BY ADDING NEW SUBSECTIONS PERTAINING TO PARKING REGULATIONS Fairfax City Council Agenda- November 10, 2009 Page 1 11. Consider ORDINANCE 93 to modify Section 70.03 of the Code of Ordinances of the City of Fairfax, Iowa, 2007 a. Consider introduction of ORDINANCE 93 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.93 c. Consider motion for final passage and adoption with respect to ORDINANCE NO. 93,AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF FAIRFAX, IOWA, 2007,BY AMENDING PROVISIONS PERTAINING TO PARKING VIOLATIONS; ALTERNATE 12. Consider ORDINANCE 94 to modify Section 1.14 of the Code of Ordinances of the City of Fairfax, Iowa, 2007 a. Consider introduction of ORDINANCE 94 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, 94 c. Consider motion for final passage and adoption with respect to ORDINANCE NO. 94,AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF FAIRFAX, IOWA,2007,BY AMENDING PROVISIONS PERTAINING TO THE STANDARD PENALTY 13. Consider ORDINANCE 95 to modify Section 3.04 of the Code of Ordinances of the City of Fairfax, Iowa, 2007 a. Consider introduction of ORDINANCE 95 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. 95 c. Consider motion for final passage and adoption with respect to ORDINANCE NO. 95,AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF FAIRFAX, IOWA,2007,BY AMENDING PROVISIONS PERTAINING TO MUNICIPAL INFRACTIONS 14. Consider ORDINANCE 96 to modify Section 36.04 of the Code of Ordinances of the City of Fairfax, Iowa, 2007 a. Consider introduction of ORDINANCE 96 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. 96 c. Consider motion for final passage and adoption with respect to ORDINANCE NO. 96,AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF FAIRFAX, IOWA, 2007,BY AMENDING PROVISIONS PERTAINING TO HAZARDOUS SUBSTANCE CLEANUP COSTS 15. Consider ORDINANCE 97 to repeal Chapter 43 of the Code of Ordinances of the City of Fairfax, Iowa, 2007 a. Consider introduction of ORDINANCE 97 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. 97 c. Consider motion for final passage and adoption with respect to ORDINANCE NO. 97,AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF FAIRFAX, IOWA,2007,BY REPEALING CHAPTER 43 PERTAINING TO SEX OFFENDERS 16. Consider ORDINANCE 98 to modify Sections 80.02 and 80.03 of the Code of Ordinances of the City of Fairfax, Iowa, 2007 Fairfax City Council Agenda - November 10, 2009 Page 2 a. Consider introduction of ORDINANCE 98 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. 98 c. Consider motion for final passage and adoption with respect to ORDINANCE NO. 98,AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF:FAIRFAX, IOWA,2007,BY AMENDING PROVISIONS PERTAINING TO ABANDONED VEHICLES 17. Consider ORDINANCE 99 to modify Section 137.06 of the Code of Ordinances of the City of Fairfax, Iowa, 2007 a, Consider introduction of ORDINANCE 99 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. 99 c. Consider motion for final passage and adoption with respect to ORDINANCE NO. 99,AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF FAIRFAX, IOWA,2007,BY AMENDING PROVISIONS PERTAINING TO DISPOSAL OF PROPERTY 18. Consider ORDINANCE 100,to modify Subsection 2 of Section 92.05 of the Code of Ordinances of the City of Fairfax, Iowa, 2007 a. Consider introduction of ORDINANCE 100 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. 100 c. Consider motion for final passage and adoption with respect to ORDINANCE NO. 100,AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF FAIRFAX, IOWA,2007,BY AMENDING PROVISIONS PERTAINING TO UTILITY SERVICE 19. Water Main Replacement Program, Phase I Improvements a. Consider RESOLUTION to issue payment number one to Rathje Construction 20. Consider RESOLUTION to transfer funds for the payment of GO debt due December 1,20109 21. Consider RESOLUTION to write-off certain utility accounts as uncollectible 22. Consider RESOLUTION to set a public hearing date to adopt the Official Zoning Map 23. East Cemetery Road Drainage Project a. Consider RESOLUTION to approve Change Order No. 5 - Balancing from Arensdorf Excavating/Trucking b. Consider RESOLUTION to approve Pay Request No. 4-Final from Arensdorf Excavating/Trucking for payment c. Consider RESOLUTION to accept the project 24. Consider motion to approve the Class B Native Wine Permit Renewal Application from von Essen Galerie 2.5. ITC Midwest Electric Franchise Agreement Review 26. Tree Plan from Hughes Nursery&Landscaping and Fairfax State Savings Bank 27. East Cemetery Road and 80'a Street Drainage Basin 28. Flood Management Issues a. Initial review of Flood Management Ordinance changes b. Initial review Flood Plain Development Application/Permit 29. Water tower repair 30. Water rates review 31. Sewer rates review 32. Garbage rates review Fairfax City Council Agenda-- November 10, 2009 Page 3 3. Consider motion to approve the claims list dated November 10,2009 4.Reports a, Sheriff b. Library c. Fire Department d. Maintenance Department e. Parks Department i. Outstanding Parrs Tree Grant f Visioning Committee 35. Discussion a. Opportunity for citizens not on agenda . Clerk's comments 7. Mayor's comments g. Adjournment Fairfax City Council Agenda-- November 10, 2009 Page 4 i STATE OF IOWA Counties of Linn and Johnson ss. Frieden `RabeMgersandWan-C4T CF AIRFA aa4osn9a1hoeuusi.e.eie4.d' fEGU! CITY wr9ht. 1JEtioiCaYre .: r J YCii EE;I�1G Wainwright Wrodimed k0t�0€tTf NCE Motioned by Frieden, seconded by tgOfEtpltB FL T0,Z004.t: NO.97.AN.0RDINANCEAAAENOJMN Wainwri9hY.to instruct Hal! and Hath Tt e rpgJtar ra�eeting of the:Fairfax THE CODE OF ORMNANCE5 OF Engineers Yo prepare,a change,order City CaIJ 010 was h d Tuesd"av, No- THE CITY 00.FAIRFAIC IOWA,2007, for she addfiion of:6.fire hvdrant',to be vember T0,200rf,a.F&*.City Hatt. `BY REPIFAUKG CH'APTEIt 4 PEi2- Pfaced in front of the fire sfatl6h and for lvtayor doss ca9t d the riteetingf ta.ar-. `-TAINING t"O.sEXOPFENDERS. . the City to pay 55,090 of the casts to der of 7:46,F`M. Councltmerrbars,pre- Motioned by Masers, se0anded by add this hhe co out. of the protact sertf JoAnn IBeerc 8erdae F rHoden,Ja- Beer to sdsl. the rote requiritg that funds If the costs'ars great9r-than Rabe,Nularc Ma9er8,and Marianne an ordinance 6e votett on filo,passage $5 006 the fire osis from:ert.wifil pay for WainwFight Other<cily staff presenia at two council meetings prior to ih4s Ike additional costs from:their Iunrs. fives Beer Frieden Rabe, Mao V1at I aln the UI)115I1er of Cynthia T,tUffison, NanCw Flickinger, "meeting With respect to. ORDINANCE antl/Jainwr19h1. Matiateerried.` 1) Dave Yanecak,and Lvnn Mille NO 97 Anes Bear IFrneden;Rabe, Dave Yanecek stated that the matin- newspaper of general JoAnn deer astcedahat Item tf34 a i. Magers and Wainwright M"flon car tenance deparPment has been buss. eyunreaiea'� JoAnn Beer repotted chat ihe:woarks P�1SOn COLdnt1CS ]n Iowa. meeting witty=respect fo ORDINANCE and plan in order to make a lrecom by Committee will meet on November I9. a :NO,95. Ayes Boer, Frieden R1abet mencialian by fhe cify cdunculf lee d: Th are v ill m f:on November mbenfanrpi19,i. hnagers,and-Waunwrrgf i Mohan car- an November 17, Thev wilt r%of meet in€fecember, 7fhe,�of W111C17 1S attached, Was rigid_ CityEngineor,shaneh1lrcks,wilt pee-3Y vWdning Commitlee-will not meet: 111E -rA7�TT�11eWSI7aI3ell Motioned by Beer; seconded by sent; the information aTrout Ilkae East again until Januarv. 11 GAZETTE (-rieden to giva tlnai=approval.and Cemetery Road and 80th Street[]sal R CRR.Clerk Cynthia Stimson askzd the adaption to ORDIINANCE NO 95,'AN nage Basin during the nexf city cauecd t council merhbers to sign oersonne#poqth - ORDINANCE AMENDING THE meePing on Ntivember 17.' oIl :Icy acknowtedgement:tarms. 4f arnivore ber 17 2009 CCtDE C7F ORDItfAN&Es OF THE Nkotioned by Frieden, seconded:bv �' is interested.in attending the Municipal C1TY.OF FAIRIFAX, IOWA 2067. BY Ma:gers to table the ffpod:maragernenf �eadershfp'Academvsthev are Pa car�- AMENDINGPRD15fCiN5pERTAIN- Isco'esunti!the-citycaunclrneeking'on� tact her as soon aslsassibfe. ING TCl MkIf KOC AL fNFRACTIONS, November 17 Aves: Beer IFNedert E Motraned taY Friesen, seconded fay, Rall Caft vote; Aves Beer, Prieaen, Rabe Masers;:and Vltainwrughf PuSo Wainwr€ght;to adiourn the rneeiing at tt9Eie Masers and tGdainwrighi, M04 tfon;earried A'.37 pM. !ryes Beer,Frieden, fdaYma,: Iron tarried, Maguire Iron wJ1 be€n Falrlax to fix ;�- Masers,and.Weiawri9ht_ Mblidn car- alfainwright irretroduC i ORDINACE the water tower on 1�ednasraay fVo tf_ rigid. N[T 96 ANC1R'CuIKANCE AMENDING vemberIT. ` Mayor Vossadfourned the meeting: THE CODE 'OF Op DFPtANCE5r6 OF Distusston tial held concerrofiupg the by a1 8:37 PM.`. THE CITY OF Fe IRFAt€ IOWA 2007, water sewer,and garbage crates. The®at Mayor Bilt Voss 8Y.AMENDING FtOTS(t7N5 PER garbage rate fs to be raised 61.00 per City Clerk Cynthia Stimson ST Nt EE IHA ARDCfifIS sIJB morfth, the sewer Bat charge for debt s LYUla€mer: The foregoing minutes are,)11S11111g said notice IS SEANCE CLE6attltJP COSTS servlce eeilrerdLnt is to be raised 61. 0 iE not offida[until appro'.aed by,fine Caiv rationed 1tv I Iagersx sstdndedt isv per,month,and the charges ftp, afar Caupctl. eta suspend the nufe reclulring that and-:sewer usage oyer rasa minimt m „_ Cft4 of FarrfaaE fiatms List �rdlnance 6e voted an for passage are'to fie raised. The ordi hance;t0 at two council meetiings prior to this make the rate chances efCtiye Janv 0 trteehrlq kh raslpect 0 ORDPNANCE dry 1 2016 will be draftet.lpr the De utoasuolyeaiun lauaoa NO.96AyeS doer Frreden, Rabe CerttEier tr seting attazes�spaflitsela 1vSa§ars and tAfarnvtaragtlk: Niot€on an N/fatioited bSr;Vvainuurighfir secetnd d 49ZRw86C-6LE xei s ed ` by ..... en fo approve Itt¢ctaacma list 7£Z6-Cb£-068'YEZB'-8r5E Motioned tsv Mooers,:seconded'by dateEf November 10,2009.Aves Beer ina�gat 6u1�1�oM sue spatdrsselD Baer to give final afuproval a'nd adop- Friesen Ratrer Masers,'and Wain alteza�atnu![ta sli}} FIJI fian>to ORDfNACE NCl 9b, AN OR- wrfgttt hAat€oncarrted, OFOFDfNACE� THE CITY. need forhaa rye hvdrerrfopidaCddsindfrohi4 UQ FAtRFAX,IOJEVA,Z067,BY AMEND- of the lire station. Mavariryoss stated � � � INC PROVISIONS PP RTAINING:;TO Ihatfhe cost 0.Ihe hvdrant:rs$1750.4 pa�[Ino ld aJc sLLLloSnW f€AZRRDOFIS SUBSTANCE Ct_f=A ThiS�.does not irictude resatovs"rpg oc.�i'e pl0weak L a44 ls �� [1PC05T3 RdlIcallvote'Aves Beer, platlis the Concrete. Discrus$ion was 1 '.aau..... buawalddnS Dp17� " :,1 sudi}eaeA Pf�ct skePAOH Pfe8 3i73 uoraniaui pue diis�x Ep ap 9e sRe moi paes5e��aonnaar;AniRezirsnn4V�5'ti � a�I08"a5 heautt.re,BS� "K. car`Ilntrtiaa,gsa{aiauaauQ�flangofedtal"i �yaa saa�u699 Wall p.UrS@ fl1geJlla� HIP edx�analiagaM s�aalea�lu1Pdlifi-lq�o- jug eMtnapa�e_��rri€�� 5f11e �n��asape�utK?1l�sa � dol?dart"° Z�. EZVLUW.h[dd a ur»sri fa0f7ZgVi 7.5 id .repo Id�l'� aA 404U13Sa d �� as rws pntg Aet'M anet :id¢ `tpgrdia ztopa�ur d riadd papsHYN3 �:l a9,eed U!.ArdclV , 11 0ueMalus rauacEsuap�ooasll;auaT 1Wled ed b Dave Storey pue tts.rXed pow 5ullnpayas; rd5s.ipaa ,s� uttilsm uln�aspu�lssapu saTei�asse,ae �p °5th sulule�} bur},,,Joao sulr�al�aatu! g y apniaui satlllrgisuodsa I �t1� `007 @Ill uog}epl�nut�uoa pue ieuoi}tzlue8lu'Iealdhteue teuoi}daoxe anei{tsnW 'pasintva,' sr saslnrrsa�uewnH u!siseq+aiuua ue u}Inn}ua><ua6euetrti ssautsrig la tua.uafieueWlaaannsaa ueWriH Qf aa�6ap s,uolattaeg ;_.. 'P@paau s7ualsad5a at+I •,_ na. .. le State of Iowa F r f 4 Diane usta� r 01MMjSSi0n iUM r 753222 u ern/sneP9 Pa�intsaaspuasNw WN JI�n 7� 21I ��'-"'"' xu •saWOc-CL ONId��SEY�CdH .. ,..-,,. STATE OF IOWA Counties of Linn and Johnson ss. I, Dave Storey, do state that I am the publisher of 0'r~s OF FAIRFAX THE GAZETTE, a dairy newspaper of general SPECIALCtT'p COUNCIL MlEtTINO circlrlation in Linn and Johnson Counties in Iowa. 3V(%'1t'EMBER.4 3609 , The speclat sneetlrg of the F.airtax itouncil wasThe Notice, a prll emberlted copy Of which 1S attached, was Cy Cd,lN4,;2 9 ath 1 aIrfax City a.nitsdavNa- nail, inserted and published in THE GAZETTE newspaper hhavor.. 6s5.caltecf the meeting to or-' rler 6t 8j3Q PM. Council members pre- sonl, BerniaFrleden, Jason 'Raba, in the 1SSile{S� Of Novennber 11, 2009. Mara iV alters, and,.Marianne W41.67. wfight. Jo 4nni hoar wvas absent. Other, city staff present. vnihia Stimson, Nancy Flickl. aro andRon I)usll, The reasonable fee f01"'la-ablishing said notice is Tom rreatsn frarrt Majulre Iron, +.Nos preserst to discu9 s the repair 07 1 tions for the TeNX in.tile riser ptpe.1 the` water tower. The teak seems to he 107. Bated aboof 213 up ztlne plea.::Theis:. Pnce quote for la or:and maieriais to. i^eolace the:pipe is$43;7 6. He recom mends inslapltna a dyctIle iron Alpe, 1t. doesn't rust and wop°lbreak.`They have a crear in lha area and would be able to have that craw hexa Monday or. ruesday. When the leak Is lbcaled,tf:it stn a weld.,that Is an easler fix:: If#he: leak Is caused by pfpa failure,.:then re-. placemont Is needed.:_ . <. Ron bush staled that this needs)o be; 31xed as soon as possible. The tower has la be=drained during the repair,, which means we will be pump4ng water on}ha sfreej. C�rtder .weather;tnakes- fis a protalem. bine u afer math Prafect.: crew W.111:t be able`Ip flush lines w.hlle We are rub nlrm�oru rtsain pressurg. Motiobed by Mat err seconded by Frleden to have Magulre.iron find out. whereand:wheat Is leaking In the water'. lower They are h jIx jt tf It h5.; weld= :,and do a Pipe replacement If itis pipe, failure. 4yes�, Fr%eden,Rabe,Magers, and.Waln.wrlght-Nays: None, Ahb.enl; Beer MafJan carrjad: Tnarn 5ireet staled he wit!locate the This lnstrun-tent Was acknowledged b Dave Store leak lomorrow and::determine what g y type atrepatrlsreeasxnmaaded.,: before ole on Novelllller 1I, 2009. tylnijaned by altry r19h1 seCandad by Frleden to adjourn the sieal§ng.:" Aver. Frleden, Rabe, Magers, and Watnwrloht. Nays:::: None. rAbsent: 13eer, Mstioncarried Mayor Voss adiourned the meeting at. 5AlI PM, " Mayor.Bill vos.'. City ClerkLvr thla 5tin nson TJl5ctatmer:The foroaing minutes are Notary Public in and f it 111 State of Iowa !:not�offlclal wn,1IG aPpr4yed.by-fihe CiiY-- :CounclL oaIjkW :Juone:11,02011 :,Smith Commission Number T323 My Commission Expires: � STATE OF IOWA Counties of Linn and Johnson ss. CITY61FFAIRFAX I, Dave Storey, do state that I am the publisher of rbT®nl°MAN CONCERN. THE GAZETTE, a daily newspaper of general lNG You are hereby notifled that a Public Hearingwit€be held.before the Fairfax Circulation in Linn and Johnson Counties, in Iowa. ICIfY of hcll 1a conslder..amending lhe:. hms Zoning ordinance of:2000 as : The notice, a printed Copy of Which 15 attached, Was StCTLON 1.05 RULr=S AND DEFINI- TIONS,SECT1oN:s;DEFINITIONS,of inserted and published in THE GAZETTE newspaper the Zonln9 ordinance of 2000 of the Lily of Fairfax, Iowa, is amended by in the issue(s) of November 2nd, 2009 repeatln9;Ehe definlllon of family:::Md adopting the folloaiing in lieutnereof: Family�he t1) person or.f1No(2)be more persons related byAlrect lineal The tvasonablc fee for fjaUiblishingSaid notice is desce0f, iX�arrlage,;adoption or place- f1'tent by H gaYBYnplenfai qY 50CIal Ser-: W1Ce agency,occupYin9 a dwelling Unit. $18,13 a5 a stngle housekeeping organization...: ,�k%mlly;may alsp.:be Iwo (2) but fiat' Irmoori ihan two'.(2)'persons tanf related by bfood marriage or adoplion and ea_ such person's respective antes fors and lineat descendants {Including children horn to,adopled by, placed wiNfhsaitl.persan by 9aVplflmenJet br:: Soclat service aaoncy) so long as:the. Iwo {2} ;persons'and their respecilye ancestors and lineal descendenls are occupying a dw.elling unit as a single knauselfeepin9 organizatlon. The said Hearing will be held before the Fattier City Don: Council a1 t Whic 4 on � Tuesday, November 10,:2009 at 7:00 Ply or Ston(hereafter,a1 which time and place you may appear:and be heardan.egard.fothesaidamentiment. CYnthia'SfimsonCily Clerk Published 1n the'Cedar Rapids Gazette onNovember 2 UN— This instrument was acknowledged by Dave Storey before me on November 2"'d, 2009 Notary Public in and for the State of Iowa Aisne nu®tm COMM188108 Number 753222 My ission Expires: ' June 11,2011