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HomeMy WebLinkAbout02-09-2010 Council Meeting CITY OF FAIRFAX REGULAR CITY COUNCIL MEETING FEBRUARY 9, 2010 The regular meeting of the Fairfax City Council was held.Tuesday, February 9, 2010, at Fairfax City Hall. Mayor Rabe called the meeting to order at 7:00 PM. Council members present: JoAnn Beer, Bernie Frieden, Marc Magers and Marianne Wainwright. One seat is vacant. Other city staff present: Cynthia Stimson, Lynn Miller, Dave Yanceek, and Cathy Bayne. Four residents submitted their name as persons interested in being appointed to the City Council. The Council thanked them for their interest and stated that having four qualified and willing residents was a good problem to have. The three that will not be selected will be asked to participate on other city boards and committees and encouraged to run on the next regular ballot„ Motioned by Frieden, seconded by Magers to approve RESOLUTION 2010-07, A RESOLUTION MAKING AN APPOINTMENT TO FILL A CITY COUNCIL VACANCY by appointing Travis Otto to the city council. Roll call vote: Ayes: Beer, Frieden, Magers,and Wainwright. One seat is vacant. Motion carried. Mayor Rabe declared RESOLUTION NO. 2010-07 duly adopted. Travis Otto stated his oath of office and began serving on the City Council immediately. Motioned by Magers, seconded by Frieden to approve the agenda and clerk's financial reports. Ayes; Beer, Frieden, Otte,Magers, and Wainwright. Motion carried. Motioned by Beer, seconded by Frieden to approve and place on file the City Council minutes from January 14 and January 26, 2010. Ayes: Beer, Frieden, Otto, Magers, and Wainwright. Motion carried. Motioned by Beer, seconded by Magers to approve and place on file the Planning and Zoning minutes from January 19,2010. Ayes: Beer, Frieden, Otto, Magers, and Wainwright. Motion carried. Linn County Deputy Sheriff Humphrey distributed the hist of calls. Cathy Bayne stated that everything was fine at the library. Lynn Miller reported that the fire department is proceeding with getting information about a new truck. The current set of jaws of life is a low pressure system that needs some repair. They are looking at making these repairs and also purchasing a high pressure system. Each fire station would then have a set. Dave Yanecek showed the City Council a piece of well casing that was almost rusted through. Northway Well and Pump stated that the casing should be checked every 5-7 years. The sewer plant still has one pump down. JoAnn Beer showed a draft of a parks brochure. Printing quantities and costs were discussed. A color brochure will be printed for the minimum needed with the costs being paid out of the general administration budget. The Visioning Committee has seen a decline in participation. The members are suggesting that they combine with the Parks Committee to form a new group. The Visioning funds would be transferred to the Parks accounts. A resolution will be drafted to make this combination for the next meeting.. Joe Kell was present to give a report about the Fairfax Youth Sports Association. He stated that they will have the Pancake Breakfast on April 11,2010. He requested that the City of Fairfax copy, fold, and mail their registration form to the entire Fairfax community on February 012-09-201.0 City Council Minutes Page 1 23,2010 and place information on our website. The clerk will place the information submitted. on the website as soon as possible. Motioned by Frieden, seconded by Beer to process and mail the Fairfax Youth Sports Association's registration form. Ayes: Beer, Frieden, Otto, Magers, and Wainwright. Motion carried. Motioned by Wainwright., seconded by Beer to approve RESOLUTION 2010-U8,A RESOLUTION APPROVING CHANGE ORDER NO. 7 FOR THE WATER MAIN REPLACEMENT PROGRAM,PHASE I IMPROVEMENTS. Roll call vote: Ayes: Beer, Frieden, Otto, Magers and Wainwright. Motion carried. Mayor Rabe declared RESOLUTION NO. 2010-08 duly adopted. Discussion was held about the wording of labor hours on Change Order No. 8 from Rathje Construction. Shane Wicks is to get clarification on this issue. Motioned by Magers, seconded by Beer to table the RESOLUTION concerning Change Order No. 8 from Rathje Construction. Ayes: Beer, Frieden, Otto,Magers, and Wainwright. Motion carried. Motioned by Magers, seconded by Beer to table the RESOLUTION concerning Pay Request No. 4 from Rathje Construction. Ayes: Beer, Frieden, Otto,Magers, and Wainwright. Motion carried. Motioned by Frieden, seconded by Wainwright to approve RESOLUTION 2010-0 ,A RESOLUTION SETTING TIME AND PLACE FOR A PUBLIC HEARING FOR THE PURPOSE OF SOLICITING WRITTEN AND ORAL COMMENTS ON THE CITY'S PROPOSED FISCAL YEAR 2010-2011 BUDGET. Roll call vote: Ayes: Beer, Frieden, Otto, Magers and Wainwright. Motion carried. Mayor Rabe declared RESOLUTION NO. 2010-09 duly adopted. Motioned by Magers,seconded by Beer to approve RESOLUTION 2010-10, A RESOLUTION SETTING TIME AND PLACE FOR A PUBLIC HEARING FOR THE PURPOSE OF SOLICITING WRITTEN AND ORAL COMMENTS ON THE CITY'S PROPOSED AMENDMENT TO THE FISCAL YEAR 200'9-2010 BUDGET. Roll call vote: Ayes: Beer, Frieden, Otto, Magers and Wainwright. Motion carried. Mayor Rabe declared RESOLUTION NO. 20,10-10 duly adopted. Motioned by Beer, seconded by Wainwright to approve RESOLUTION 2010-11, A RESOLUTION APPROVING THE CONTRACT FOR LAW ENFORCEMENT SERVICE WITH LINN COUNTY AND THE LINN COUNTY SHERIFF'S DEPARTMENT FOR FISCAL YEAR 2010-2011 BUDGET. Roll call vote: Ayes: Beer, Frieden, Otto, Magers and Wainwright. Motion carried. Mayor Rabe declared RESOLUTION NO. 2010-11 duly adopted. Motioned by Wainwright., seconded by Beer to approve RESOLUTION 2010-12,A RESOLUTION APPROVING THE UTILITY PAYMENT POLICY. Roll call vote: Ayes: Beer,Frieden, Otto, Magers and Wainwright. Motion carried. Mayor Rabe declared RESOLUTION NO. 2010-12 duly adopted. Motioned by Magers,seconded by Beer to approve RESOLUTION 2010-13, A RESOLUTION APPROVING FLEX ONE PLAN. Roll call vote: Ayes: Beer, Frieden, Otto, Magers and Wainwright. Motion carried. Mayor Rabe declared RESOLUTION NO. 2010-13 duly adopted. 02-09-2010 City Council Minutes page 2 Motioned by Wainwright, seconded by Magers to suspend the rule requiring that an ordinance be voted on for passage at two council meetings prier to this meeting with respect to ORDINANCE NO. 104, AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF FAIRFAX,IOWA,2007,BY AMENDING PROVISIONS PERTAINING TO FLOOD PLAIN REGULATIONS. Roll call vote: Ayes: Beer, Frieden., Otto, Magers, and Wainwright. Motion carried. Motioned by Wainwright, seconded by Magers to give final approval and adoption to ORDINANCE NO. 104, AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF FAIRFAX.,IOWA, 2007, BY AMENDING PROVISIONS PERTAINING TO FLOOD PLAIN REGULATIONS. Roll call vote: Ayes: Beer, Frieden, Otto, Magers, and Wainwright. Motion carried. Motioned by Wainwright, second by Magers to remove ORDINANCE 105 from the table. Roll call vote: Ayes: Beer, Frieden, Otto, Magers, and Wainwright. Motion carried. Wainwright introduced ORDINANCE 105, AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF FAIRFAX,IOWA, 2007, BY AMENDING PROVISIONS PERTAINING'TO SEWER SERVICE CHARGES. 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 105,AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF FAIRFAX,IOWA,2007,BY AMENDING_ PROVISIONS PERTAINING TO SEWER SERVICE CHARGES. Roll call vote: Ayes: Beer, Frieden, Otto, Magers, and Wainwright. Motion carried. Motioned by Magers, seconded by Wainwright to give final approval and adoption to ORDINANCE 105,AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF FAIRFAX,IOWA, 2007,BY AMENDING PROVISIONS PERTAINING TO SEWER SERVICE CHARGES. Roll call vote: Ayes Beer,Frieden, Otto,Magers, and Wainwright. Motion carried. Shane Wicks gave a short overview of the status of the trail and bridge project. The cost estimate is now$300,000 higher, due to bridge requirements. The City has submitted this project for consideration of additional stimulus funding available through the MPO and ECICOG. Shane is recommending that we proceed with the design because the City has already obtained a 80% grant for this work. If the additional funds are received, the project is slated to begin in May of 2011. Shane will check with the IDOT about their bridge plans. Discussion was held about the current per foot charge for hooking up to an existing main for new water or sewer service. Resolutions are to be drafted to make the per foot charge $25.00 with a maximum charge of$1,500 per lot for each type of connection. Motioned by Wainwright, seconded by Magers to approve payment of the invoice to T'erracon for$1,287.00. Ayes: Beer, Frieden, Otto, Magers,and Wainwright. Motion carried. Motioned by Wainwright, seconded by Beer to approve the proposed Shared Road Maintenance and Winter Snow&Ice Control Agreement between the City of Fairfax and the Linn County Secondary Road Department. Ayes: Beer, Frieden, Otto, Magers, and Wainwright. Motion carried. A report about costs for the box culvert project under East Cemetery Road was reviewed. Steve Gannon, at Linn County Secondary Road Department, is to be sent a bill for part of the cost. 02-09-2010 City Council Minutes page Jason Rabe informed the City Council that he has made the decision that he will be able to handle the farm management responsibilities as the previous mayor did. He has talked to the farmer and now feels informed enough to make this decision. He thanks Bill Voss for his willingness to continue helping the City, but Mayor Rabe feels that this being handled by the mayor is the best option for both Bill and the City of Fairfax. Marc Magers stated that the fire department would like to be considered to do the farming a year from now. They are proposing that the fire department members who are farmers would use their equipment and knowledge with the fire department receiving the usual fees for doing the custom farming. Three different bids were reviewed about networking our computer system and purchasing a new computer for the maintenance department. Mayor Rabe will develop a RFP that we will send out to receive similar bids for exactly the kind of system the City wishes to install. Hills Bank's Link2Gov program was discussed. The clerk was directed to look into these types of possibilities and check on interest on the accounts. A report about a public access cable channel was reviewed. The proposed draft of an.Electric Transmission Franchise Agreement with ITC Midwest was reviewed. The clerk is to contact them about their continued interest. The current definition of family in the zoning code was discussed. No further changes will be made at this time. Motioned by Beer, seconded by Frieden to approve the claims list dated February 9, 2010. Ayes: Beer, Frieden, Otto,Magers, and Wainwright. Motion carried. A resident expressed her concern about a vehicle that is speeding on Church and Fairfax. Road. She has contacted the Linin County Sheriff's Department.,but they have just missed the person. The City Council directed her to contact the proper authority. Mayor Rabe stated that he has contacted Dave Zinser about the 510 Church Street project. He made a compromise that the City will pay an additional $500.00 on this bill with the understanding that both parties involved will do better in the future in communicating expectations. Mayor Rabe, Bernie Frieden, and Marc Magers will serve on the capital improvement committee along with the needed staff. Citizen input will be requested. Shane Wicks discussed the need to talk to property owners about right-of-way for the trail. Mayor Rabe and Marc Magers will also participate. Shane Wicks distributed information about the next phase of the water improvements. This work will be discussed during the capital improvement committee meeting and be on the March Council agenda. Motioned by Wainwright, seconded by Magers to adjourn the meeting. Ayes: Beer, Frieden, Otto, Magers, and Wainwright. Motion carried. Mayor Rabe adjourned the meeting at 9:10 PM. Mayor Jason Rabe City Clerk Cynthia Stimson Disclaimer: The foregoing minutes are not official until approved by the City Council. 02-09-2010 City Council Minutes Page.4 CLAIMS FEBRUARY 9,20101: Alliant Energy Electricity 4,983.72 Altorfer Locator 688.75 ARAMARK Services 352.16 Auto Glass Center Door repair 170.69 Baker&Taylor Books 578.34 Bayne SchoollOffice Equip Racks 178.00 Beth Wilz Reimbs 66.74 Better Homes/Gardens Subscription 5.99 Carus Phosphates Chemicals 592.00 Cathy Bayne Reimbs 71.39 Charles Adams Refund 4.91 City of Fairfax Applied to bill 257.19 Corridor MPO Dues 358.28 Creative Software Services 731.24 Custom Hose Parts 104.45 DV&A DVIDs 99.42 E Central Library Sery Continuing Ed 10.00 Elan Postage 702.47 ESP3 LLC Caps 72.00 Fairfax Bank Taxes 5,578.92 Fareway Prep 48.60 Fauser Fuel 315.04 Frieda Coonrod Embroidery Embroidery 480,75 Future Line Truck Equip Control pad 23.00 Gazette Publishing 226.02 Greg Stewart Refund 95.75 Hall&Hall Eng Fees 13,860.00 Heiman Gear 99.85 NPERS Taxes 2,776.45 Jeremiah Stewart Reimb TV 693,35 Jester Apparel Printing 203.40 JC Refuse, Inc. Services 7,396.00 Kevin Costigan Exit light 103.79 Keystone Lab Tests 226.20 LC Firefighter's Assn, Books 91,00 LC REC Electricity 2,366.95 Unweld Rental 13.51 Lynn Miller E911 meeting 25.00 MAC Tools Cord reel 158.97 Maguire Iron lower repairs 5,000.00 02-09-2010 City Council Minutes Page 5 Menards various Items 1,481.39 Mid American Gas 1,739 89 Mike Sankot Reimbs 144.45 NWWS Meter register 74.46 ORKIN Exterminating 59.56 Pace Supply Supplies 71.00 Penworthy Books 171,90 Precision Ind V Belt 222.46 Pumpkin Books Reading material 40.34 Reader's Digest Subscription 14.82 Rocket Dog Books Books 17.00 RonnlMary Jo Beebe Refund 122.15 RosslElzabeth Baty Audio Book 16.00 Sankot's Maintenance 421.81 South Slope Phones 533.55 St.Luke's Work Well Sal Training 45.00 Staples Credit Supplies 162.42 Storm Steel Bushing stock 50.47 Strategic Print Sol Contract 158.70 United Health Care Insurance 2,460,87 LIS Cellular Phones 267.84 Waterworks C&I Reprogram filter 111.02 Net salaries 16,528,98 Total Claims: 74,726.37 January Revenues General Fund 16,372,00 Employee Benefits 460.39 Road Use Tax 11,598.55 LOST 09 19,934.69 T&A Meter Deposits 270.00 Water Fund 12,486.44 Sewer Fund 12,456.44 Garbage Fund 9,528.31 TIF 11,879.39 SRF Bond Retire 9,438.00 Savings/CD Revenue F'D Equipment Fund 1,008.80 General CDs 89.17 Fairfax Visioning 200,00 Total Revenue: 105,722,18 02-09-2010 City Council Minutes Page , January Expenses General Fund 35,661.26 Road Use Tax 20,398.37 Water Fund 20,399.50 Sewer Fund 5,673.12 Garbage Fund 7,385.25 Employee Benefits 1,349.79 DetentiontDrainage Project 1,265.00 Water Main Project 67,448,67 Remote Meter Read Project 4,695.17 Total Expenses: 164,276.13 02-09-2010 City Council Minutes Page 7 Fairfax Visioning Committee Next Meeting Tuesday, January 26, 2010, 7:00 P.M. at the Fairfax Public Library Agenda: Approve minutes Approve treasurer's report Spring Fundraiser Future projects Other reports and citizens not on the agenda Meeting#72 The Fairfax Visioning Committee met on Tuesday, October 27, 2009, 7;00, at the Fairfax Public Library. Members present included Joann Beer, Jason Rabe, and Mary Rita Meyers, Joann Beer called the meeting to order at 7:05PM. The minutes of the previous meeting were reviewed. The committee is waiting for the $15,000 reimbursible grant which will then be repaid to the city. JoAnn Beer will ask Mark Pigeot to check on the status of this grant money. ' The next fundraising event was to be the Christmas House Walk. Only three houses were secured for the walk, so the Christmas House Walk is cancelled for this year. Hopefully, with community support, additional houses can be located for next year, and this enjoyable city wide activity can be resumed. . The committee next discussed the train viewing project. The Union Pacific did not approve the committee's application. According to their,present proposals,the train viewing can only be located on city property. However, the city has limited property in this location, and Losey Street is fairly busy with limited visibility at the curve of the road by the viaduct, so this project may be impossible with these limitations. There will be no meetings of the Visioning Committee in November and December. The next meetting will be on Tuesday, January 26 at 7:OOPM at the Fairfax Public Library. The meeting adjourned at 8:OOPM. Respectfully submitted, Mary Rita Meyers Utility Billing Month End Worksheet Month ofaAvIIAA(42210 1. Month Utilities Receivables on I AAtV ZID ; Date) (Billing Register) 2. Billing of Penalties on (Date-penalty Cal ulation) 3. Total Billed (Add lines l &2) 4. Adjustments to Balance(Adjustment Report) p 5. Net Receivables (Add/Subtract Lines 3, 4) C 6. Less Payments Received(Deposits for month) ., 7. Current Utilities Receivables (Calculated) (Subtract line 16 from 5) �" r 8. Current Utilities Receivables(Delinquent Account) 9, Current Credit Balances (Trial Balance) 10. Current Utilities Receivable(Trial Balance) a 11. Difference (Zero if balanced) Q 12. Balance due City as of AAA( 11) (Supporting documents on file.) Date Prepared 'I '° Date Approved Prepared By 1 `1t Approved By UBPASTRP Fri Jan 29, 2010 10:31 AM *' * CITY OF FAIRFAX IA *** OPER: DTI PAGE 1 05.12.69 DELINQUENT ACCOUNT LISTING CYCLE ALL SERV CODE ALL ACCOUNT NO/CUSTOMER NAME LAST PMT AMOUNT ACTUAL AMT TIME CUSTOMER ADDRESS DATE PERIOD 1 PERIOD 2 PERIOD 3 PERIOD 4 DUE DUE (BGT) DELQ ------------------------------------------------------------------------------------------------------------------------------------ 2000 RICHARD BERSTLER 1/19/10 30.00 .00 .00 .00 30.00 .00 3 15800 6M RCEL WASHINGTON 12/18/09 60.48 56.16 .00 .00 116.64 .00i 2 1610OF SEAN CASEY/KATHY KING 6/18/081 .00 .00 .00 35.13 35.13 .00 1660CF CARL EMERSON 7/14/08 .00 .00 .00 758.38 758.38 .00 19800 PAT DAMASTIL 1/28/10 15.00 .00 .00 .00 15.00 00 I 27003 RAQUEL TRUAX 1/28/10 .33 .00 00 .00 .33 .00 1 34900 ROD VAVRICEK 12/18/09 52.32 .00 .00 .00 52.32 .00 3 40200 LISA HALM-WERNER 1/28/10 15.00 .00 .00 00 15.00 .00 5 113000 ROBERT J LAZA 1/19/10 1.00 .00 .00 .00 1.00 ,00 127000 JOYCE FREESE 1/19/10 1.00 .00 .00 ,DO I.DO .00 DISCONNECT EXEMPT. E FINAL BILLED. 'TIME DELQ' # OF TIMES DELINQUENT IN THE LAST 12 MONTHS. UBPASTRP Fri Jan 29, 2010 10:31 AM *** CITY OF FAIRFAX IA *** OPER, DTI PAGE 2 05,12.09 DELINQUENT ACCOUNT LISTING *** REPORT TOTALS *** ACCOUNT NO/CUSTOMER NAME LAST PMT AMOUNT ACTUAL AMT TIME CUSTOMER ADDRESS DATE PERIOD 1 PERIOD 2 PERIOD 3PERIOD 4 DUE DUE QEGT',) DELA ------------------------------------------------------------------------------------------------------------------------------------ REPORT TOTALS SERVICES 114.1.6 26,26 .00' 689.55 829.97 TAX .97 .46 .0c 28.96 30,39 PEN 45.00 15.00 .041 30.00 90.00 MISC 15.00 14.44 .00 45.00 74.44 TAX .00 .00 .00 .00 .00 PEN 00 ,00 .OD .00 .00 TOTALS 175.13 56.16 OD 793.51 1024,80 00 RESOLUTION NO. 2010-07 RESOLUTION MAKING AN APPOINTMENT TO FILL A CITY COUNCIL VACANCY WHEREAS,Jason Rabe has submitted his resignation,effective January 1, 2010, as a member of the Fairfax City Council due to his election as mayor; and WHEREAS, the City Council of the City of Fairfax,Iowa, has published notice of their intent to fill this vacancy by appointment during their regular city council meeting on Tuesday, February 9, 2010; and WHEREAS,the City of Fairfax has received names to consider for this appointment as submitted by the interested eligible electors of the City of Fairfax; and WHEREAS, as of February 9, 2010, the City of Fairfax has not received a valid petition requesting a special election to fill this vacancy, NOW,THEREFORE,BE IT RESOLVED,that the City Council of the City of Fairfax does hereby appoint'Travis Otto to fill the vacancy on the Fairfax City Council. BE IT FURTHER RESOLVED,by the City Council of the City of Fairfax, Iowa, that Travis Otto shall sere in thisposition until the next pending election as defined in Section 69.12 of the Code of Iowa. Passed and approve this 9th day of February, 2010. AYES: Beer,Frieden,Magers,and Wainwright NAYS: None ABSENT: One seat is vacant. Jai n-Rabe, Mayor ATTEST: y,thia Stimson, City Clerk RESOLUTION NO.2010-08 RESOLUTION APPROVING CHANGE ORDER NO. 7 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 Change Order No. 7, to amend the contract by accepting Item #1 as listed below for a total increase to the contract in the amount of$1,785.10: Item #1: Additional work and costs related to locating and connecting to the existing dead end water main at the northeast corner of Church Street and Highway 151, for a total increase to the contract in the amount of$1,785.10. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fairfax, Iowa, to approve Change Order No. 7 for the Water Main Replacement Program, Phase I Improvements which will result in an amendment to the contract as described in the previously listed Item #1 for a total increase to the contract in the amount of$1,785.10 to make a revised total construction contract cost amount of$353,753.90. 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 9th day of February, 2010. AYES: Beer, Frieden, Otto,Magers, and Wainwright NAYS: None. ABSENT: None Jason'Rabe, Mayor ATTEST: 'V � �','f t 1 c i � � l d ✓ Cy thia Stimson, City Clerk 3 E E 305 441h Street . P.0. Box One Marron, r...A 6.2302 - Office (319)377-3179 . Fa; 319)377-3627 Date, January 13,2010 Page 1 of 1 To: Shane Wicks Project: Watermain Replacement-Ph,I Hall&Hall Engineers Fairfax,Iowa 1860 Boyson Road Hiawatha,Iowa 52233 Re:Change Order Request 7 Rathje#: 6064 Additional work along Highway 151 and Church Street Shane, Lasted below are two cost breakdowns for additional work along Highway 151, The breakdown for Item H is for rerouting the proposed 8"watermain at the Intersection of Church St,.and Highway 151. The proposed 8"watermalin running parallel to Highway 151 needed to be moved approximately 25 feet further to the west than shown on the pians. Rathje was Initially unable to locate the existing watermain. tee on the north side of the intersection. Ron with the City of Fairfax had shown Rathje which gate valve the proposed S"watermain would be connected to. When Rathje dug down to expose the gate valve,they discovered the valve was for an abandoned 4"watermain.. Exploratory excavating,including pavement removal,was required to determine the location of the connection point. Rathje discovered the valve box for the existing 8"gate valve was covered with approximately 4"of asphalt pavement. Due to the close proximity to highway 151,the IDOT required Rathje to place additional road construction signs along the highway. Construction signs were placed and removed by Bee Line Products, The breakdown for Item 1 is for additional time needed to work next to the chain link fence on the west property line of Sankot's lot. Change order 2 addressed the removal and repiacemeni of the chain link fence. This fence was not removed in an attempt to complete the fall phase of the project at the soonest possible date. Removing the fence was not necessary as there was enough room to allow the excavator to drive between the fence and the retaining wall,however due to(limited space,additional time was required to work along side the fence. Breakdown for Item H Item Euipment Est,QN. Unit Unit Price Est.Total H LBX Rxcavator 5.00 HR $ 154.00 $ 770„00 Labor t 5.00 HR $ 61,00 $ 911:51,00 Subtotal $ 1,685,00 Item Subcontractors Est.City, Unit Unit Price Est,Total' H Bee Line Products 1.001 LS $ 100,10 S 100.10 Subtotal $ 108.10 Item H Total $ 1,705,10 Clnange Order 7 Total $ 1,705,10 Prease call Ifyou have sn Y Y questions, Rep9ctfuily, Loren Hartelt i CHANGE ORDER NO. 7 PROJECT: WATER MAIN REPLACEMENT PROGRAM, PHASE I IMPROVEMENTS FAIRFAX, LINN COUNTY, IOWA DATE: February 3, 2010 CONTRACTOR: Rathje Construction Co. Marion, Iowa ORIGINAL CONTRACT AMOUNT: $243,728.65 REVISED CONTRACT AMOUNT: $351,968.80 (After C.O. #6) MILESTONE DATE: December 9, 2009 (After C.O. #4) REVISED CONTRACT COMPLETION DATE: May 28, 2010 (After C.O. #4) ITEM#1: Additional work and costs related to locating and connecting to the existing dead ends water main at the inortheast corner of Church Street and Highway 151, for a total increase to the contract in the amount of$1,785,10. ITEM ESTIMATED UNIT PRICE EXTENDED NO. ITEM DESCRIPTION QUANTITIES UNIT (Bid COST' Numbers) Additional work and costs related to C07-1 locating and connecting to the existing 1 LS $1,785.10 $1,785.10 dead end water main at the,northeast corner of Church Street and Highway 151 TOTAL: $1,785.10 Revised Contract Amount after C.O. #6 $351,968.80 C.O.#7 _.._ $1,785.110 Revised Contract Amount: $353,753.90 Rathje Construction Co. Hall & HallIEin ineers, Inc. By: �.._. By: z2__ Title: _.. Title: Date: �. _ ( Dater io � r City of Fairfax, low y� B /CP'� Title: ,� Date: i,' - /6 RESOLUTION NO. 2010- 9 RESOLUTION SETTING TIME AND PLACE FOR A PUBLIC HEARING FOR THE PURPOSE OF SOLICITING WRITTEN AND ORAL COMMENTS ON THE CITY'S PROPOSED FISCAL YEAR 2010-2011 BUDGET WHEREAS, the City Council of Fairfax, Iowa has prepared the annual budget for the Fiscal Year 2010-2011; and WHEREAS, Iowa Code 384.16.3 requires a public hearing on the proposed. budget where any resident or taxpayer of the City may present to the City Council. objections to any part of the budget for the following fiscal year or arguments in favor of any part of the budget before its adoption and certification to the county auditor; and WHEREAS, interested residents or taxpayers having comments for or against these proposals may appear and be heard at the public hearing at the city council meeting on March 9, 2010, at 7:00 PM at the Fairfax City Hall, at 525 Vanderbilt Street, Fairfax, Iowa. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fairfax, Iowa, that this conf its that the city council order the publication of a notice of public hearing pertaining to the adoption of the Fiscal Year 2010-2011 budget not less than ten(10) days nor more than twenty (20) days prior to the date set for the hearing. 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 9t" day of February, 2010. AYES: Beer,Frieden, Otto,Magers, and Wainwright NAYS: None ABSENT: None Jas Rabe, Mayor ATTEST: Cyn 11i s Stimson, City Clerk RESOLUTION NO. 2010-101 RESOLUTION SETTING TIME AND PLACE FOR A PUBLIC HEARING FOR THE PURPOSE OF SOLICITING WRITTEN AND ORAL COMMENTS ON THE CITY'S PROPOSED AMENDMENT TO THE FISCAL YEAR 2009-2010 BUDGET WHEREAS,the City Council of Fairfax, Iowa has prepared an amendment to the Annual Budget for Fiscal Year 2010-2011; and WHEREAS, Iowa Code 354.16.3 requires a public hearing on the proposed. amended budget where any resident or taxpayer of the City may present to the City Council objections to any part of the budget amendment for the current fiscal year or arguments in favor of any part of the budget before its adoption and certification to the county auditor; and WHEREAS, interested residents or taxpayers having comments for or against these proposals may appear and be heard at the public hearing at the city council meeting on March 9, 2010, at 7:00 PM at the Fairfax City Hall, at 525 Vanderbilt Street, Fairfax, Iowa. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fairfax, Iowa, that this confirms that the city council order the publication of a notice of public hearing pertaining to the adoption of the Fiscal Year 2009-2010 Amended Budget not less than ten (10) days nor more than twenty (20) days prior to the date set for the hearing. 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 9th day of February, 2010. AYES: Beer, Frieden, Otto, Magers, and Wainwright NAYS: None ABSENT: None Jasn Thebe, Mayor ATTEST: Cmson m Cit Clerk. �� � Y RESOLUTION NO. 2010-11 RESOLUTION APPROVING THE CONTRACT FOR LAW ENFORCEMENT SERVICE WITH LINN COUNTY AND THE LINN COUNTY SHERIFF'S DEPARTMENT FOR FISCAL YEAR 2010-2011 BUDGET WHEREAS, the City Council of Fairfax, Iowa desires to have Linn County and the Linn County Sheriffs Department provide law enforcement protection within the corporate limits of the City of Fairfax. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fairfax, Iowa,that the City of Fairfax agrees to pay to Linn County the sum of$27.00 per hour for eighteen (18) hours per week for law enforcement protection with said contract continuing in effect until June 30, 2011, or terminated in accordance with the provisions for termination, as set forth in the Contract attached hereto, 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 this resolution of approval and the Mayor is authorized to sign the Contract for Law Enforcement with Linn County and the Linn County Sheriff's Department. Passed and approved.this 9tb day of February, 2010. AYES: Beer, Frieden, Otto, Magers, and Wainwright NAYS: None ABSENT None Jas lube, Mayor ATTEST: Cyn hia Stimson, City Clerk Linn County Sheriff'sOffice FY10111 Contract For Law Enforcement Services This contract is entered into by and between Linn County, Iowa, hereafter referred to as Linn County, and the Sheriff of Linn County,Iowa,hereafter referred to as the Linn County Sheriff, and the City of Fairfax,hereafter referred to as the City of Fairfax. Whereas, the City of Fairfax desires to have Linn County and the Linn County Sheriff provide law enforcement protection; and Whereas, Linn County and the Linn County Sheriff are willing to provide this service to the City of Fairfax upon the terms and conditions hereinafter set forth, Now, therefore, in consideration of the mutual covenants and agreements set forth herein, the parties hereto legally intending to be bound hereby, do covenant and agree for themselves and their respective successors and assigns as follows: 1) Linn County through its Sheriff s Office, will have a Deputy Sheriff on duty in the City of Fairfax, for hours per week, at times determined by the Sheriff's Office. 2) Linn County through.its Sheriff's Office, will at all tunes, answer calls for law enforcement service in the City of Fairfax at no additional charge beyond what is called for under the terms of this contract. 3) In consideration of the services set forth herein, the City of Fairfax, agrees to pay to Linn County the sum of Twenty-seven Dollars ($27.00) per hour. This hourly fee is determined by a formula of costs, which„ in part, takes into consideration the financial responsibilities incurred by Linn.County, as they relate to the provision of law enforcement services to the City of Fairfax. Such financial responsibilities include,but are not limited to: ® Salaries and fringe benefits of the Deputy ,Sheriff; s Payments for support services and overhead costs; 1 Maintenance of cost accounting records and the issuance of financial reports; and ® Equipment costs, depreciation, and other direct and indirect costs, All billings and payments for services will be handled through the office of the Linn County Sheriffs Office,in accordance with the practices and procedures of that office. 4) Responsibility for the planning and organizing of law enforcement services and determining law enforcement policy, regulations, and other matters pertaining to the services provided to the City of Fairfax by the Deputy Sheriffs are to be determined by the Sheriff of Linn County, 5) So as to retain authority over personnel and to maintain effective accountability, the Sheriff of Linn County will be responsible for the hiring, training, assignment, discipline, and dismissal of the Deputy Sheriffs providing services to the City of Fairfax. 6) Employment rights of Deputy Sheriffs assigned under this Contract to provide law enforcement services to the City of Fairfax are not to be abridged by Linn County or the Linn County Sheriff, 7) Linn County agrees to supply all equipment, including inotor vehicles,to the Deputy Sheriffs engaged in providing the services to the City of Fairfax. 8) The City of Fairfax shall make available to the Deputy Sheriffs rendering services under the provisions of this Agreement, suitable facilities for the purpose of conducting law enforcement activities. 9) Records shall be maintained by the Linn County Sheriff concerning the performance of services rendered to the City of Fairfax under this agreement. 10) On at least a monthly basis,the Linn County Sheriff shall provide to the Fairfax City Council service performance data relative to the services provided by the Linn County Sheriff"s Office under this Agreement which shall include;but not be limited to: 0 Time of day the call was received; Number of calls for service; 0 Nature of the calls; 0 Disposition of cauls; 11) Guidelines for local ordinance enforcement by Deputy Sheriff's providing services under this Agreement shall be determined by the Fairfax City Council. 12) Individuals charged with violations of the local ordinances of the City of Fairfax shall be cited to appear in the appropriate Iowa District Court. 2 13) Revenues generated by the law enforcement activities of the Deputy Sheriffs shall be disposed of according to procedures established in the Code of Iowa. 14) In the event of a lawsuit arising from the provision of law enforcement services against the Linn County Sheriff and/or any of his or her employees under the terms of this contract, Linn County shall defend the Sheriff and his or her employees. 15) In the event of a lawsuit challenging the constitutionality of any ordinance of the City of Fairfax which is enforced by the Linn County Sheriff as set forth herein, the City of Fairfax shall defend the constitutionality of said ordinance. 16) Should Linn County,the Linn County Sheriff, and any of his or her employees abiding by the terms of this Contract be found liable in a lawsuit,provisions for payment of compensation shall be made according to the Court; 17) Should a tort action be taken against the Linn County Sheriff and/or any of his or her employees, Linn County shall be responsible for indemnifying its officers according to Chapter 631 A of the Code of Iowa. 18) Once this Agreement has been entered into, amendments and/or modifications shall not be made unless mutually agreed upon by all parties, and then in such case, the current Agreement shall be terminated and shall be replaced by the amended and/or modified Agreement. 19) In the event of default by any party subject to this Agreement, any other party subject to this Agreement shall have the right to pursue any course of legal action, which is allowed by law. 20) Either party may terminate this Agreement by giving the other party ninety (90) days written notice of its intention to terminate said Agreement. 21) This Agreement is effective on the 1St day of July, 2009, and continues in effect until the 30th day of June, 2010, or terminated in accordance with the provisions for termination as set out herein. In witness whereof, this Agreement has been executed and approved and is effective and operative as to each of the parties as herein provided. 3 Linn County, Iowa Linn County Sheriff Chairperson Sheriff of Linn County Linn County Board Of Supervisors Date Date Mayor For The City of Fairfax Date 4 RESOLUTION NO. 2010-12 RESOLUTION APPROVING THE UTILITY PAYMENT POLICY WHEREAS, the City Council of Fairfax, Iowa receives monthly payments for the water, sewer, and solid waste bills; and WHEREAS, the City Council wishes to set a policy to establish certain procedures for accepting these payments, NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fairfax, Iowa, that the following procedures will be followed by city staff accepting utility payments: 1. Payments and meter readings are due by the 15"' of each month. If the 15th falls on a regular business day, any payments and meter readings at the office or postmarked before the start of the next business day will be considered on time. 2. If the 15th falls on a Saturday, Sunday, or an observed holiday, the next business day will be treated as the 15th and any payments and meter readings postmarked or at the office before the start of business the following business day will be considered on time. 3. A onetime waiver of the service charges for late payment and late meter readings may be given when a billing account is late upon request by the customer and upon the discretion of staff. 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 this resolution. Passed and approved this 91h'day of February, 2010. AYES: Beer, Frieden, Otto,Magers, and Wainwright NAYS: None ABSENT: None Ja op?Rabe, Mayor ATTEST: Cynthia Stimson, City Clerk I RESOLUTION NO. 2010-13 RESOLUTION APPROVING FLEX ONE PLAN WHEREAS, the City Council of Fairfax, Iowa wishes to provide its employees with the opportunity to obtain benefits; and WHEREAS, the City Council does currently have a benefit package that includes health insurance, life insurance and AD&D insurance, which the City of Fairfax currently pays the premium cost for qualifying employees and makes the health insurance available to qualifying employees' families at the employee's cost, and WHEREAS, the City of Council desires to offer a wider variety of benefit programs to the employees at the employee's cost; and WHEREAS, AFLAC has submitted the paperwork to establish a Flex One Cafeteria Plan that will allow for premiums to be pre-tax for all qualifying benefit plans except the life insurance coverage and any disability coverage that may be chosen by an employee. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fairfax, Iowa, that the City of Fairfax does hereby establish a Flex One Cafeteria Plan and enter into the Payroll Account Acknowledgement Agreement with AFLAC to establish this plan as of March 1,2010. BE IT FURTHER ]RESOLVED, by the Fairfax City Council that the City of Fairfax hereby agrees to allow AFLAC to make a presentation to all employees about their benefit programs and establish an employee group, if at least three policies are purchased. 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 this resolution. Passed and approved this 9th day of February, 2010, AYES: Beer,Frieden, Otto,Magers, and Wainwright NAYS: None ABSENT: None A_ Jas,( n Rabe, Mayor ATTEST: ijS h r / fk 17E'i 7l3f'1 - C-ynt is Stimson, City Clerk r City of Fairfax Balance Sheet As of January 31, 2010 Jan 31, 10 ASSETS Current Assets Checking/Savings Fairfax Visioning 4,177.64 Certificates of Deposit General Fund Library- 1 0274 9,056.81 Library Special Gifts Trust 198,120.82 General Fundi - Other 130,098.22 Total General Fund 337,275.85 Sewer Fund 48,897.35 Total Certificates of Deposit 386,173.20 Checking Account DrainagelDetentiion Project 60,272.46 General Fund 133,615.59 Special Revenue Local Option 1019 1106,690.42 Road Use Tax 71,862.83 Employee Benefits 14,125.43 TIF Fund 428,678.50 Total SpecialRevenue 621,357.18 Debt Service Fund 0.01 Enterprise Fundi Remote Meter (Read Project -28,124.30 Water Main Project 34,155.34 Water 43,725.30 Sewer 1111,571.92 Garbage 24,237.07 LagoonlWWTIF' Project 5,782.33 SRF Bond Fund 62,188.20 Trust & Agency 16,455.00 Total Enterprise (Fund 269,990.86 Total Checking Account 1,085,236.10 Savings Accounts Parks Dept- Guaranty 2,118.35 General - Murphy Land 1,856.51 Parks Department FFSB 5,105.83 Arbor Team 1,13223 City of Fairfax Balance Sheet As of January 31, 2010 Jan 31, 10 FD Equipment Memorial Fund 3,990.07 Public Education 340.51 Regular Savings 11,391.92 Total FD Equipment 15,722.50 FD Fireworks 14,171.41 Library Gifts & Bequests Memorials 1,911.63 Library Gifts & Bequests - Ot... 8,460.79 Total Library Gifts & Bequests 10,372.42 Local Option 2004-2005 Sewer Improvements 60,789.70 Total Local Opt'i'on 2004-2005 60,789.70 Total Savings Accounts 111,268.95 Total Check!ng/Savings 1,586,855.89 Total Current Assets 1,586,855.89 TOTAL ASSETS 1,586,855.89 LIABILITIES & EQUITY Equity 3000 . Opening Bal (Equity 1,813,787.70 Net Income -226,931.81 Total Equity 1,586,855.89 TOTAL LIABILITIES & EQUITY 1,586,855.89 Receipts/Expenditures by Fund 31 January 2010 January Revenues General Fund 16,37200 Employee Benefits 460.39 Roadl Use Tax 11,598.55 LOST 09 19,934.69 T&A Meter Deposits 270.00 Water Fund 12,486A4 Sewerr Fund 12,456,44 Garbage Fund 9,528,31 TIF 11,879,39 SRF Bond Retirement 9,438.00 Savings/CD Revenue FD Equipment Fund 1,008,80 General CDs 89,17 Fairfax Visioning 200.00 Total Revenue: 105,722.18 January Expenses General Fund 35,661.26 Road Use Tax 20,398.37 Water Fund 210,399.50 Sewer Fund 5,673.12 Garbage Fund 7,385.25 Emplbyee Benefits 1,349.79 Detention[Drainage Project 1,265.00 Water Main Project 67,448,67 Rernote Meter Read Project 4,695.17 Totaill'Expenses: 1164,276.13 Certificates of deposit Balance Sheet As of January 31, 2010 Jan 31, 10 ASSETS Current Assets Checking/Savings General Murphy Land 4610013670 20,183.31 General Murphy Land . Other -20,183.31 Total General Murphy Land 0.00 Nature Trail Project 60012463 27,818.56 Total Nature Trail Project 27,818.56 General Fund' Maintenance Fund 08 6002531:51(60018546) 6,226,95 Total Maintenance Fund 08 6,226.95 Maintenance Fund 07 60012454 6„676.46 Total Maintenance Fund 07 6,676.46 Maintenance Fund 60008316 16,1950.77 Total Maintenance Fund 6,950.77 Library LSG Trust 60019991 198,120.82 10274 9,056.81 Total Library 207,177.63 Policy&Administration 60008575 2„771.19 10681 8,450.38 60025155(60023745) 24,595.77 4610116020 GB(60007237) 6,967.40 Total Policy&Administration 42,784.74 Transportation 10680 8,450.38 60010233 3'1,190.36 Total Transportation 39,640.74 Total General (Fund 309,457.29 Page 1 Certificates of Deposit Balance Sheet As of January 31,2010 Jean 31,10 Sewer f=und 60025057(4,610081350 GB) 7,380.54 60025164(60023763) 41,516.81 Total Sewer Fund 48,897.35 Total Checking/Savings 386,173.20 Total Current Assets 386,173.20 TOTAL ASSETS 386,173.20 LIABILITIES & EQUITY Equity Opening Bal Eq,uiity 197,403.74 Retained Earnings 201,107.08 Net Income -12,337.62 Total Equity 386,173.20 TOTAL LIABILITIES& (EQUITY 386,173,20 Page 2 Ln lD w ' M O M N q0 rl O -- M N m 01 � N 00 00 kn m �Y lam: �!'' 00 V1 d cr r-i +n d Do V t 00 O 1p 1p oG N CA"J' Q w N 00 Ln O N Mr. a -- a\ N kn 00 '-- N *4 rM 00 I'D -- lD M M O DD (D1 r4- v 1 d kn O .-- \G -- � M tiOr G� w H O �G+ l-- CrN 00 D4 � '9+ A.. s: pro 4 O O t- V) O\ ON C� C3' O Q' 00 at o epi 00 oC toot O, nldmn o �; c*�i ter: ray' kn oo <r rn 00 o ri T^d R h Ye kn Ln N "^a •- to lD M M N 4-i O a M N M C71. 00 O 00 GD xn m d' yG lD .-, OO r- d 00 �fi N V7 et Oi O lD to 00 M` [ cV 41 eh Ur N: C c*1 vi N N Af7 V 1 O1 O O oo — M A tV O 00 O; ,-+ N 1f i' x' O lO Lr) lD 4:N to O00 00 c w 00 C7C'7 � � C7wq �n � w U oNlnt• OOo m �t o � ' F N tl- CrN M 00 00 00 to N l " DO N '11t- -- l- -- 117 M 00 4 °SLS C) CA � �t 00 SP1 't -� 't N ,-- '.g '�o M N00 W O H Ln oc crW � � 0000 Obi 7 LO kn 41 w m C*l W O E., 00 O 00kn +a, tr7 C� M \D M O Cr? 1- M o0 0) a1 00 00 v) 00 O N O' t �D t-- 00 O .--Y k-D Itt r 7 A nlir � N o "� o i C7 �� w 4D a d O ® a D O O O O H E E E E E E E E E (0 (0 (4 tf5 0 (fl () N 0 CA (n w fA N UD (n (n •L � '. 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C C CO C a 00Lu CD �+ r Q C LL C c C Q COD O w 'C co toQ C G LL ALL. aw- V m v ti W) Q A, M N v � 0 Ln U r = M � Q i Q LO r r CD C4 C C M C d' C m 1a v O CA C" co r Ory (O " It O 0 m 00 m N (0 LO L N 1C L t- T- caC (QOC o 000r CQ C, r CN Hr err to CO to CC C'. to Cto eta qD 0 E 0q LU o � � / a . 0 / # Eq 00 � � kd . . � a � 7 � ■ . � + c ■ � c / @ � _ ■ CD / I co / . 0 CN N � @ ❑ O # G q 0 . 4) / % w � ■ � «� $ W % 0 % D $ U., k k t k . © ww2 % 0 % m w R � . ORDINANCE 104 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF FAIRFAX, IOWA, 20079 BY AMENDING PROVISIONS PERTAINING TO FLOOD PLAIN REGULATIONS DE IT ENACTED by the City Council of the City of Fairfax,Iowa: SECTION 1. SECTION MODIFIED. Chapter 160 of the Code of Ordinances of the City of Fairfax, Iowa, 2007, is repealed and the following adopted in lieu thereof: CHAPTER 160 FLOOD PLAIN REGULATIONS 10.01 Statutory Authority 160.14 Administration 160.02 Findings of Fact 160.15 Flood Plain Development Permit Required 160.03 Purpose 160.16 Application for Permit 160.04 Definitions 160.17 Action on Application 160.05 Lands to Which Chapter Applies 160.18 Construction and Use to Be as Provided in 160.06 Compliance Application and Plans 160.07 Abrogation and Greater Restrictions 160.19 Variances 160.08 Interpretation 160.20 Factors Upon Which the Decision to Grant Variances 160.09 Warning and Disclaimer of Liability Shall be Based 160.10 Severability 160.21 Conditions Attached to Variances 160.11 Standards for Floodway Fringe(Overlay)District 160.22 Penalties for Violation 7160.12 Special Floodway Standards 160.23 Nonconforming Uses 1160.13 Standards for Shallow Flooding(Overlay)District 160.24 Amendments 160.01 STATUTORY AUTHORITY. The Legislature of the State of Iowa has in Chapter 414, Code of Iowa, as amended, delegated the power to cities to enact zoning regulations to secure safety from flood and to promote health and the general welfare. 160.02 FINDINGS OF FACT. 1. Adverse Affect. The flood hazard areas of the City of Fairfax are subject to periodic inundation which can result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base all of which adversely affect the public health, safety and general welfare of the community. 2. Causes. These flood losses, hazards, and related adverse effects are caused by: (i) The occupancy of flood hazard areas by uses vulnerable to flood damages which create hazardous conditions as a result of being inadequately elevated or otherwise protected from flooding and(ii)the cumulative effect of obstructions on the floodplain causing increases in flood heights and velocities. 3. Standards. This ordinance relies upon engineering methodology for analyzing flood hazards which is consistent with the .standards established by the Department of Natural Resources. 160.03 PURPOSE. It is the purpose of this chapter to protect and preserve the rights, privileges and property of the City and its residents and to preserve and improve the peace, safety, health, welfare and comfort and convenience of its residents by minimizing flood losses with provisions designed to: 1. Restrict Use. Restrict or prohibit uses which are dangerous to health, safety, or property in times of flood or which cause excessive increases in flood heights or velocities. 2, Vulnerable Uses Protected. Require that uses vulnerable to floods, including public facilities which serve such uses, be protected against flood damage at the time of initial construction or substantial improvement. 3. Unsuitable Land.Purchases. Protect individuals from buying lands which may not be suited for intended purposes because of flood hazard. 4. Flood Insurance. Assure that eligibility is maintained for property owners in the community to purchase flood insurance through the National Flood Insurance Program. ll 60.04 DEFINITIONS. Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application. 1. "Base flood" means the flood having one (1) percent chance of being equaled or exceeded in any given year. (See 100-year flood.) 2. "Basement" means any enclosed area of a building which has its floor or lowest level below ground level (subgrade) on all sides. Also see "lowest floor.''' 3. "Development"'' means any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading,paving, excavation or drilling operations. 4. "Existing construction" means any structure for which the "start of construction" commenced before the effective date of the community's Flood Insurance Rate Map. May also be referred to as "existing structure." 5. "Existing factory-built home park or subdivision" means a factory-built home park or subdivision for which the construction of facilities for servicing the lots on which the factory-built homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) was completed before the effective date of these flood plain management regulations. b. "Expansion of existing factory-built home park or subdivision" means the preparation of additional sites by the construction of facilities for servicing the lots on which the factory-built homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). 7. "Factory-built home" means any structure designed for residential use which is wholly or in substantial part made, fabricated, formed or assembled in manufacturing facilities for installation or assembly and installation on a building site. For the purpose of this chapter, factory-built homes include mobile homes, manufactured homes and modular homes and also includes "recreational vehicles''' which are placed on a site for greater than 180 consecutive days and not fully licensed for and ready for highway use. 8. "Factory-built home park" means a parcel or contiguous parcels of land divided into two or more factory-built home lots for sale or lease. 9. "Flood" means a general and temporary condition of partial or complete inundation of normally dry land areas resulting from the overflow of streams or rivers or from the unusual and rapid runoff of surface waters from any source. 10. "Flood elevation"' means the elevation floodwaters would reach at a particular site during the occurrence of a specific flood. For instance, the 100-year flood elevation is the elevation of floodwaters related to the occurrence of the 100- year flood. 11. "Flood Insurance Rate Map (FIRM)" means the official map prepared as part of(but published separately from) the Flood Insurance Study which delineates both the flood hazard areas and the risk premium zones applicable to the community. 12. "Flood plain" means any land area susceptible to being inundated by water as a result of a flood. 13. "Flood plain management" means an overall program of corrective and preventive measures for reducing flood damages and promoting the wise use of flood plains, including, but not limited to emergency preparedness plans, flood control works, floodproofing and flood plain management regulations. 14. "Floodproofin " means any combination of structural and nonstructural additions, changes, or adjustments to structures, including utility and sanitary facilities which will reduce or eliminate flood damage to such structures. 15. "Floodway" means the channel of a river or, stream and those portions of the flood plains adjoining the channel, which are reasonably required to carry and discharge flood waters or flood flows so that confinement of flood flows to the floodway area will not cumulatively increase the water surface elevation of the base flood by more than one (1) foot. 16. "Floodway fringe" means those portions of the flood plain, other than the floodway, which can be filled, leveed, or otherwise obstructed without causing substantially higher flood levels or flow velocities. 17. "Historic structure" means any structure that is: A. Listed individually in the National Register of Historic Places, maintained by the Department of Interior, or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing in the National Register; B. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; C. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or, D. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified by either (i) an approved state program as determined by the Secretary of the Interior or (ii) directly by the Secretary of the Interior in states without approved programs. 18. "Lowest floor" means the floor of the lowest enclosed area in a building including a basement except when all the following criteria are met: A. The enclosed area is designed to flood to equalize hydrostatic pressure during floods with walls or openings that satisfy the provisions of Section 160.11(4)(A); and B. The enclosed area is unfinished (not carpeted, dry-walled, etc.) and used solely for low damage potential uses such as building access, parking or storage; and. C. Machinery and service facilities e.g., hot water heater, furnace, electrical service) contained in the enclosed area are located at least one (1) foot above the 100-year flood level; and D. The enclosed area is not a "basement'" as defined in this section.. In cases where the lowest enclosed area satisfies criteria A, B, C and D above, the lowest floor is the floor of the next highest enclosed area that does not satisfy the criteria above. 19. "New construction" (new buildings, factory-built home parks) means those structures or development for which the start of construction commenced on or after the effective date of the Flood Insurance Rate Map. 20. "New factory-built home park or subdivision" means a factory-built home park or subdivision for which the construction of facilities for servicing the lots on which the factory-built homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of these flood plain management regulations. 21. "100-Year Flood" means a flood, the magnitude of which has a one percent (1%) chance of being equaled or exceeded in any given year or which, on the average, will be equaled or exceeded at least once every one hundred (100)years. 22. "Recreational vehicle" means a vehicle which is: A. Built on a single chassis; j B. Four hundred (400) square feet or less when measured at the largest horizontal projection; C. Designed to be self-propelled or permanently towable by a light duty truck; and D. Designed primarily not for use as a permanent dwelling but as a temporary living quarters for recreational, camping, travel, or seasonal use. 23. "Special flood hazard area" means the land within a community subject to the "100-year flood." This land is identified as lone A on the Flood Insurance Rate Map (FIRM) for Linn County and Incorporated Areas, City of Fairfax, Panels 0385, 0391, 0392, dated April 5, 2010. 24. "Start of construction" includes substantial improvement, and means the date the development permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement or permanent construction of a structure on a site, such as pouring of a slab or footings, the installation of pile, the construction of columns, or any work beyond the stage of excavation; or the placement of a factory-built home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets andVor walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of the building, whether or not that alteration affects the external dimensions of the building. 25. "Structure" means anything constructed or erected on the ground or attached to the ground, including, but not limited to, buildings, factories, sheds, cabins, factory-built homes, storage tanks and other, similar uses. 26. "Substantial damage" means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damage condition would equal or exceed fifty (50) percent of the market value of the structure before the damage occurred. 27. "Substantial improvement" means any improvement to a structure which satisfies one or more of the following criteria: A. Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty percent (50%. ) of the market value of the structure either (i) before the "start of construction" of the improvement, or (ii) if the structure has been "substantially damaged" and is being restored, before the damage occurred. The term does not, however, include any project for improvement of a structure to comply with existing State or local health, sanitary, or safety code specifications which are solely necessary to assure safe conditions for the existing use. The term also does not include any alteration of an "historic structure," provided the alteration will not preclude the structure's designation as an "historic structure." B. Any addition which increases the original floor area of a building by twenty-five percent (25%) or more. All additions constructed after the effective date of the Flood Insurance Rate Map shall be added to any proposed addition in determining whether the total increase in original floor space would exceed twenty-five percent. C. The cumulative cost of any repairs or improvements undertaken over a period of five years equals or exceeds fifty percent of the market value of the structure. 28. "Variance" means a grant of relief by a community from the terms of the flood plain management.regulations. 29. "Violation" means the failure of a structure or other development to be fully compliant with this chapter. I60.05 LANDS TO WHICH CHAPTER APPLIES.. The provisions of this chapter apply to all lands within the jurisdiction of the City shown on the Official Flood Plain Zoning Map as being within the boundaries of the Floodway Fringe and Shallow Flooding (Overlay) Districts, as established herein. The Flood Insurance Rate Map (FIRM) for Linn County and Incorporated Areas, City of Fairfax, Panels 0385, 0391, 0392, dated April 5, 2010, which were prepared as part of the Flood Insurance Study for Linn County and any future revisions thereto are hereby adopted by reference and declared to be the Official flood Plain Zoning Map. The flood profiles and all explanatory material contained with the Flood Insurance Study are also declared to be a part of this chapter. The boundaries of the zoning district areas shall be determined by scaling distances on the Official Flood Plain Zoning Map. When an interpretation is needed as to the exact location of a boundary, the Administrator shall make the necessary interpretation. The Zoning Board of Adjustment shall hear and decide appeals when it is alleged that there is an error in any requirement, decision or determination made by the Administrator in the enforcement of this chapter. The flood plain areas within the jurisdiction of this chapter are hereby divided into the fallowing districts: (i) Floodway Fringe District (FF), and (ii) 'Shallow Flooding District (SF). The boundaries shall be as shown on the Official Flood Plain Zoning Map. 160.06 COMPLIANCE. No structure or land shall hereafter be used and no structure shall be located, extended, converted or structurally altered without full compliance with the terms of this chapter and other applicable regulations which apply to uses within the jurisdiction of this chapter. 1610.07 ABROGATION AND GREATER RESTRICTIONS. It is not intended by this chapter to repeal, abrogate or impair any existing easements, covenants, or deed restrictions. However, where this chapter imposes greater restrictions, the provision of this chapter shall prevail. Any ordinances inconsistent with this chapter are hereby repealed to the extent of the inconsistency only. 1610.08 INTERPRETATION. In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements and shall be liberally construed in favor of the Council and shall not be deemed a limitation or repeal of any other powers granted by State statutes. 160.09 WARNING AND DISCLAIMER OF LIABILITY. The standards required by this chapter are considered reasonable for regulatory purposes. This chapter does not imply that areas outside the designated areas of significant flood hazard will be free from flooding or flood damages. This chapter shall not create liability on the part of the City or any officer or employee thereof for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder. 160.10 SEVERABILITY. If any section, clause, provision or portion of this Ordinance is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this Ordinance shall not be affected thereby. 160.11 STANDARDS FOR FLOODWAY FRINGE (OVERLAY) DISTRICT.. All uses must be consistent with the need to minimize flood damage and shall meet the following applicable performance standards. Development which involves the placement of structures, factory built homes, fill or other obstructions, storage of materials or equipment, excavation or alteration of a watercourse shall be reviewed by the State Department of Natural Resources to determine whether the land involved is either wholly or partly within the floodway or floodway fringe. Where 100-year flood elevation data has not been provided in the Flood Insurance Study, a comparable analysis by other governmental agencies, or as prepared by a licensed professional engineer in the State of Iowa shall be submitted by the applicant. The applicant will be responsible for providing the Department of Natural Resources with sufficient technical information to review the proposed development. 1. All development within the areas of significant flood hazard shall: A. Be consistent with the need to minimize flood damage. B. Use construction methods and practices that will minimize flood damage. C. Use construction materials and utility equipment that are resistant to flood damage. D. Obtain all other necessary permits from Federal, State and local governmental agencies including approval when required from the Iowa Department of Natural Resources. 2. Residential buildings, All new or substantially improved residential structures shall have the lowest floor, including basement, elevated a minimum of one (1) foot above the 100-year flood level. Construction shall be upon compacted fill which shall, at all points, be no lower, than one (1) foot above the 100-year flood level and extend at such elevation at least 18 feet beyond the limits of any structure erected thereon. Alternate methods of elevating (such as piers) may be allowed, subject to favorable consideration by the Board of Adjustment, where existing topography, street grades, or other, factors preclude elevating by fill. In such cases, the methods used must be adequate to support the structure as well as withstand the various forces and hazards associated with flooding. All new residential structures shall be provided with a means of access which will be passable by wheeled vehicles during the 100-year flood. 3. Nonresidential buildings. All new or substantially improved nonresidential buildings shall have the lowest floor (including basement) elevated a minimum of one (1) foot above the 1100-year flood level, or together with attendant utility and sanitary systems, be flood-proofed to such a level. When floodproofing is utilized, a professional engineer or architect licensed in the State shall certify that the floodproofing methods used are in accordance with accepted standards of practice for withstanding the flood depths, pressures, velocities, impact and uplift forces and other factors associated with the 100-year flood; and that the structure, below the 100-year flood level, is watertight with walls substantially impermeable to the passage of water. A record of the certification indicating the specific elevation (in relation to National Geodetic Vertical Datum) to which any structures are flood- proofed shall be maintained by the Administrator. 4. All new and substantially improved structures: A. Fully enclosed areas below the "lowest floor" (not including basements) that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a licensed professional engineer or architect to meet or exceed the following minimum criteria: (1) A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. (2) The bottom of all openings shall be no higher than one foot above grade. (3) Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. Such areas shall be used solely for parking of vehicles, building access and low damage potential storage. B. New and substantially improved structures must be designed (or modified) and adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from 'hydrodynamic and hydrostatic loads, including the effects of buoyancy. C. New and substantially improved structures must be constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. 5. Factory-built Domes. A. All factory-built homes, including those placed in existing factory- built home parks or subdivisions, and including those which have incurred substantial damage as the result of a flood, shall be elevated on a permanent foundation such that the lowest floor of the structure is a minimum of one (1) foot above the 100-year flood level. B. All factory-built homes, including those placed in existing factory- built home parks or subdivisions, and including those which have incurred substantial damage as the result of a flood, shall be anchored to resist flotation, collapse or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. 6. Utility and Sanitary Systems, A. On-sitc waste disposal and water supply systems shall be located or designed to avoid impairment to the system or contamination from the system during flooding. B. All new and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system as well as the discharge of effluent into flood waters. Wastewater treatment facilities (other than on-site systems) shall be provided with a level of flood protection equal to or greater than one (1) foot above the 100-year flood elevation. C. New or replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system. Water supply treatment facilities other than on-site systems shall be provided with a level of protection equal to or greater than one (1) foot above the 100-year flood elevation. D. Utilities such as gas or electrical systems shall be located and constructed to minimize or eliminate flood damage to the system and the risk associated with such flood damaged or impaired systems. 7. Storage of materials and equipment that are flammable, explosive or injurious to human, animal or plant life is prohibited unless elevated a minimum of one (1) foot above the 100-year flood level. Other material and equipment must either be similarly elevated or (i) not be subject to major flood damage and be anchored to prevent movement due to flood waters or (ii) be readily removable from the area within the time available after flood warning. S. Flood control structural works such as levees, flood-walls, etc. shall provide, at a minimum„ protection from a 100-year flood with a minimum of 3 feet of design freeboard and shall provide for adequate interior drainage. In addition, structural flood control works shall be approved by the Department of Natural Resources 9. Watercourse alterations or relocations must be designed to maintain the flood carrying capacity within the altered or relocated portion. In addition, such alterations or relocations must be approved by the Department of Natural Resources. 10. Subdivisions (including factory-built home parks and subdivisions) shall be consistent with the need to minimize flood damages and shall have adequate drainage provided to reduce exposure to flood damage, Development associated with subdivision proposals (including the installation of public utilities) shall meet the applicable performance standards of this chapter. Subdivision proposals intended for residential use shall provide all lots with a means of access which will be passable by wheeled vehicles during the 100-year flood. Proposals for subdivisions greater than five (5) acres or fifty (50) lots (whichever is less) shall include 100-year flood elevation data for those areas located within the Flood Plain (Overlay) District:. 11. Accessory Structures. A. Detached garages, sheds, and similar structures accessory to a residential use are exempt from the 100-year flood elevation requirements where the following criteria are satisfied: (1) The structure shall not be used for human habitation. (2) The structure shall be designed to have low flood damage potential. (3) The structure shall be constructed and placed on the building site so as to offer minimum resistance to the flow of floodwaters. (4) The structure shall be firmly anchored to prevent flotation which may result in damage to other structures. (5) The structure's service facilities such as electrical and heating equipment shall be elevated or flood-proofed to at least one (1) foot above the 100-year flood level. B. Exemption from the 100-year flood elevation requirements for such a structure may result in increased premium rates for flood insurance coverage of the structure and its contents. 12. Recreational Vehicles. A. Recreational vehicles are exempt from the requirements of Section 160.11(5) of this chapter regarding anchoring and elevation of factory-built homes when the following criteria are satisfied. (1) The recreational vehicle shall be located on the site for less than 180 consecutive days, and (2) The recreational vehicle must be fully licensed and ready for highway use. A recreational vehicle is ready for highway use if it is on its wheels or jacking system and is attached to the site only by quick disconnect type utilities and security devices and has no permanently attached additions. B. Recreational vehicles that are located on the site for more than 180 consecutive days or are not ready for highway use must satisfy requirements of Section 160.11(5) of this chapter regarding anchoring and elevation of factory-built homes. 13. Pipeline river and stream crossings shall be buried in the streambed and banks, or otherwise sufficiently protected to prevent rupture due to channel degradation and meandering. 160.12 SPECIAL FLOODWAY STANDARDS. Uses determined to be within the floodway must meet the following applicable standards. The floodway is that portion of the flood plain which must be protected from developmental encroachment to allow the free flow of flood waters. 1. No use shall be permitted in the floodway that would result in any increase in the 100-year flood level. Consideration of the effects of any development on flood levels shall be based upon the assumption that an equal degree of development would be allowed for similarly situated lands. 2. All uses within the floodway shall: A, Be consistent with the need to minimize flood damage. B. Use construction methods and practices that will minimize flood damage. C. Use construction materials and utility equipment that are resistant to flood damage. 3. No use shall affect the capacity or conveyance of the channel or floodway of any tributary to the main stream, drainage ditch or any other drainage facility or system. d. Structures, buildings and sanitary and utility systems, if permitted, shall meet the applicable general flood plain standards and shall be constructed or aligned to present the minimum possible resistance to flood flows. S. Buildings, if permitted, shall have a low flood damage potential and shall not be for human habitation. 6. Storage of materials or equipment that are buoyant, flammable, explosive, or injurious to human, animal or plant life is prohibited. Storage of other material may be allowed if readily removable from the floodway within the time available after flood warning. 7. Watercourse alterations or relocations (channel changes and modifications) must be designed to maintain the flood carrying capacity within the altered or relocated portion. In addition, such alterations or relocations must be approved by the Department of Natural Resources. 8. Any fill allowed in the floodway must be shown to have some beneficial purpose and shall be limited to the minimum amount necessary. 9. Pipeline river or stream crossings shall be buried in the streambed and banks or otherwise sufficiently protected to prevent rupture due to channel degradation and meandering or due to the action of flood flows. 160.13 STANDARDS FOR SHALLOW FLOODING (OVERLAY) DISTRICT. The performance standards for the Shallow Flooding District are the same as the performance standards for the Floodway Fringe District,with the following exceptions: 1. In shallow flooding areas designated as an AO Zone on the Flood Insurance Rate Map (FIRM), the minimum floodproofing/flood protection elevation shall be equal to the number of feet as specified on the FIRM (or a minimum of 2.0 feet if no number is specified) above the highest natural grade adjacent to the structure. 2. In shallow flooding areas designated as an AH Zone on the Flood Insurance Rate Map, the minimum floodproofing/flood protection elevation shall be equal to the elevation as specified on the FIRM. 160.14 ADMINISTRATION. The Fairfax City Council shall appoint a person to implement and administer the provisions of this chapter and that such person will herein be referred to as the Administrator. Duties and responsibilities of the Administrator shall include, but not necessarily be limited to, the following: 1. Review all flood plain development permit applications to assure that the provisions of this chapter will be satisfied. 2. Review all flood plain development permit applications to assure that all necessary permits have been obtained from Federal, 'State and local governmental agencies including approval when required from the Department of Natural Resources for flood plain construction. 3. Record and maintain a record of the elevation (in relation to National Geodetic Vertical Datum.) of the lowest floor (including basement) of all new or substantially improved structures. 4. Record and maintain a record of the elevation (in relation to National Geodetic Vertical Datum) to which all new or substantially improved structures have been flood-proofed. 5. Notify adjacent communities and/or counties and the Department of Natural Resources prior to any proposed alteration or relocation of a watercourse and submit evidence of such notifications to the Federal Emergency Management Agency. 6. Keep a record of all permits, appeals and such other transactions and correspondence pertaining to the administration of this chapter. 160.15 FLOOD PLAIN DEVELOPMENT PERMIT REQUIRED. A Flood Plain Development Permit issued by the Administrator shall be secured prior to any flood plain development (any manmade change to improved and unimproved real estate, including but not limited to buildings or other structures, mining, filling, grading, paving, excavation or drilling operations) including the placement of factory-built homes. 160.16 APPLICATION FOR PERMIT. Application for a Flood Plain Development Permit shall be made on farms supplied by the Administrator and shall include the following information; 1. Work To Be Done. Description of the work to be covered by the permit for which application is to be made. 2. Location. Description of the land on which the proposed work is to be done (i.e., lot, block, tract, street address or similar description) that will readily identify and locate the work to be done. 3. Use or Occupancy. Indication of the use or occupancy for which the proposed work is intended. 4. Flood Elevation. Elevation of the 1.00-year flood. 5. Floor Elevation. Elevation (in relation to National Geodetic Vertical Datum) of the lowest floor (including basement) of buildings or of the level to which a building is to be flood-proofed. 6. Cost of Improvement. For buildings being improved or rebuilt, the estimated cost of improvements and market value of the building prior to the improvements. 7. Other. Such other information as the Administrator deems reasonably necessary (e.g., drawings or a site plan) for the purpose of this chapter. 1160.17 ACTION ON APPLICATION. The Administrator shall, within a reasonable time, make a determination as to whether the proposed flood plain development meets the applicable standards of this chapter and shall approve or disapprove the application. For disapprovals, the applicant shall be informed, in writing, of the specific reasons therefor. The Administrator shall not issue permits for variances except as directed by the Board of Adjustment. 7160.18 CONSTRUCTION AND USE TO BE AS PROVIDED IN APPLICATION AND PLANS. Flood Plain Development Permits, issued on the basis of approved plans and applications, authorize only the use, arrangement, and construction set forth in such approved plans and applications and no other use, arrangement or construction. Any use,, arrangement, or construction at variance with that authorized shall be deemed a violation of this chapter. The applicant shall be required to submit certification by a professional engineer or land surveyor, as appropriate, licensed in the State, that the finished fill, building floor elevations, floodproofing, or other flood protection measures were accomplished in compliance with the provisions of this chapter, prior to the use or occupancy of any structure. I160.19 VARIANCES. The Zoning Board of Adjustment may authorize upon request in specific cases such variances from the terms of this chapter that will not be contrary to the public interest, where owing to special conditions, a literal enforcement of the provisions of this chapter will result in unnecessary hardship. Variances granted must meet the following applicable standards: 1. Cause. Variances shall only be granted upon (i) a showing of good and sufficient cause, (ii) a determination that failure to grant the variance would result in exceptional hardship to the applicant, and (iii) a determination that the granting of the variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public or conflict with existing local codes or ordinances. 2. Prohibited. Variances shall not be issued within any designated floodway if any increase in flood levels during the 100-year flood would result. Consideration of the effects of any development on flood levels shall be based upon the assumption that an equal degree of development would be allowed for similarly situated lands. 3. Required To Afford Relief. Variances shall only be granted upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. 4. Notice To Applicant. In cases where the variance involves a lower level of flood protection for buildings than what is ordinarily required by this chapter, the applicant shall be notified in writing over the signature of the Administrator that (i) the issuance of a variance will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage and (ii) such construction increases risks to life and property.. 5. Approval. All variances granted shall have the concurrence or approval of the Department of Natural Resources. 160.20 FACTORS UPON WHICH THE DECISION TO GRANT VARIANCES SHALL BE BASED. In passing upon applications for variances, the Board shall consider all relevant factors specified in other sections of this chapter and: 1. The danger to life and property due to increased flood heights or velocities caused by encroachments. 2. The danger that materials may be swept on to other land or downstream to the injury of others. 3. The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination and unsanitary conditions. 4. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner. 5. The importance of the services provided by the proposed facility to the City. 6. The requirements of the facility for a flood plain location. 7. The availability of alternative locations not subject to flooding for the proposed use. 8. The compatibility of the proposed use with existing development and development anticipated in the foreseeable future. 9. The relationship of the proposed use to the comprehensive plan and flood plain management program for the area. 10. The safety of access to the property in times of flood for ordinary and emergency vehicles. 11. The expected heights, velocity, duration, rate of rise and sediment transport of the flood water expected at the site. 12. The cost of providing governmental services during and after flood conditions, including maintenance and repair of public utilities (sewer, gas, electrical and water systems), facilities, streets and bridges. 13. Such other factors which are relevant to the purpose of this chapter. 1160.21 CONDITIONS ATTACHED TO VARIANCES. Upon consideration of the factors listed in Section 160.20, the Board of Adjustment may attach such conditions to the granting of variances as it deems necessary to further the purpose of this chapter. Such conditions may include, but not necessarily be limited to: 1. Modification of waste disposal and water supply facilities. 2. Limitation of periods of use and operation. 3. Imposition of operational controls, sureties, and deed restrictions. 4. Requirements for construction of channel modifications, dikes, levees, and other protective measures, provided such are approved by the Department of Natural Resources and are deemed the only practical alternative to achieving the purposes of this chapter. 5. Floodproofing measures. 1160.22 PENALTIES FOR VIOLATION. Violations of the provisions of this Ordinance or failure to comply with any of the requirements (including violations of conditions and safeguards established in connection with grants of Conditional Uses or Variances) shall constitute a misdemeanor. Any person who violates this Ordinance or fails to comply with any of its requirements shall upon conviction thereof be fined not more than $500.00 (five hundred) or imprisoned for not more than thirty (30) days. Each day such violation continues shall be considered a separate offense. Nothing herein contained prevents the City of Fairfax from taking such other lawful action as, is necessary to prevent or remedy violation. 160.23 NONCONFORMING USES. 1. A structure or the use of a structure or premises which was lawful before thepassage or amendment of this chapter, but which is not in conformity with the provisions of this chapter, may be continued subject to the following conditions: A. If such use is discontinued for six (6) consecutive months, any future use.of the building premises shall conform to this chapter. B. Uses or adjuncts thereof that are or become nuisances shall not be entitled to continue as nonconforming uses. 2. If any nonconforming use or structure is destroyed by any means, including flood, it shall not be reconstructed if the cost is more than fifty percent (50%) of the market value of the structure before the damage occurred, unless it is reconstructed in conformity with the provisions of this chapter. This limitation does not include the cost of any alteration to comply with existing State or local health, sanitary, building or safety codes or regulations or the cost of any alteration of a structure listed on the National Register of Historic Places, provided that the alteration shall not preclude its continued designation. 1.60.24 AMENDMENTS.. The regulations and standards set forth in this chapter may from time to time be amended, supplemented, changed, or repealed. No amendment, supplement, change, or modification shall be undertaken without prior approval from the Department of Natural Resources. 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 9th day of February, 2010. Ayes: Beer, Frieden, Otto, Magers, and Wainwright Nays: None Absent:None Jason Rabe, Mayor ATTEST: ('I. ". V Cynt is Stimson, City Clerk 1't Reading: January 14, 2010 nd Reading: Waived rReading: February 9, 2010 I certify that the foregoing was posted as Ordinance 104 on the l It day of February, 2010 � _ Cynt�is Stimson, City Clerk ORDINANCE 105 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF FAIRFA , IOWA, 2007, BY AMENDING PROVISIONS PERTAINING TO SEWER SERVICE CHARGES BE IT ENACTED by the City Council of the City of Fairfax, Iowa: SECTION 1. SECTION MODIFIED, Section 99.04 of the Code of Ordinances of the City of Fairfax, Iowa, 2007, is repealed and the following adopted in lieu thereof: 99.04 PRIVATE WATER SYSTEMS. Customers whose premises are served by a private water system only and in a benefited district and who elect not to install a City-approved water meter at their expense shall pay sewer service charges for the use of and for the service supplied by the municipal sanitary sewer system as follows; 1, Flat charge of twenty-six dollars ($26.00)per month. 2. Flat charge of$13.00 per month for the Debt Service Retirement Fund. 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 park thereof not adjudged invalid or unconstitutional. SECTION 3. WHEN EFFECTIVE. 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I, Dave Storey, do state that I am the publisher of THE GAZETTE, a daily newspaper of general 140TICE OF INT NTTO. LI circulation in Linii and Johnson Counties, in Iowa. CITY COUNCI L'VACARCY 1 AFP )[TMEDlT The notice, a printed copy of which is attached, was The City Fairfax, Linn Cnun1Y, fowar as vacancy:tln the city.ealanGll inserted and published in THE GAZETTE newspaper Buie fo the iesi9natiop of,Jason;Labe lawn was elecled as.mayor and beban serving lnahat canaiilx nnJanuary 1 in the issue(s) of January 25th , 2010 f'ursuarlt to Section 372.13,iZ),(137 of :, the[fade pf t6> ,nbtice is hereby el- ven that the CITY cauncll of Fairtax, The reasonable fee for publislung said notice is Lurnin Cpunty, Iowa, jnfends Jo fill this vracancy by anpolnlment durine their $18.58 next regular ctly council meeflh9 thal \will be at Fairfax cafe hall;at 7:00 0,ItiF9 on Tuesday, February 9:12D70...i. �1oWpiver„the elec,('ors of the City of-:: Fairfax have the richt to file a:taeletion requiring that the vacancy befifled by a seecll oiectlontfeclors wls.'h to re- giaare a sAeclal electi.ian,a valldpelatlon requeslinD'a special:.I leCtJora must.tae. filed With ttte IN clerk withih fourteen OYYS aflWpulilicallon of th18 noflce.Or M11116 fourteen daYs after the apaoint- nient 8s made i It np such petition is f9leut, Iha?apPoin1meAt shag he:;;for the perlaad uritlf the next peradin>3 electlon m defined In"Secflon.f t of the Code o fewa llglhle=electors of the city of Palr- t\ fax,,L1nn.; ounty,lovua wantlrag to be considered tar appolatment :;should submlt.a request In Wrlting lQ}he city cferk's offlce by 4t09'PM on Thursday, i February=4,2019. CwnJhla Sf1rnsan QlY Clerk city of Fairfax . .. Published:an The G; zeffa tan January 25,2080 This instrument was acknowledged by Dave Storey before me on January 25th, 2010 Notary Public in and for the State of Iowa apt 01ane Gusto NM*K7&M2 MY ComUm : June 11,2011 �j AGENDA FAIRFAX CITY COUNCIL REGULAR MEETING - TUESDAY,FEBRUARY 9,2010 AT 7.00 PM FAIRFAX CITY HALL—525 VANDERBILT STREET Tentative agenda with possible action on the following items: 1 1. Call to order 4 2. Roll call A v 3 Consider RESOLUTION to make an appointment to fill council vacancy 4-0 xf Approval ? of aqnda and clerk's financial reports Y 5. Approval of and Aace on file: -a. City Council minutes, dated January 14 and January 26, 2010 b. Planning and Zoning minutes dated January 19, 201 t ,f/pt 6. Reports a. Sheriff b. Library -c—. --Fire Department d, Maintenance Department 66,0( tue'.J e7—P—a—rk—s Department i. Committee Combination ii. Brochure €,j-kwfiO )-14.k4 Pet r,kj i"q Fairfax City Council Agenda-- February 9, 2010 J Page 1 E f. Visioning Committee N 7. Joe Kell-Fairfax Youth S arts (,' . � Water ain Re lacement Program, Pile I Improvements ------ �- .___ a. Consider RESOLUTION to approve Change Order#7 from Rathje Construction b. ConsidIr RESOLUTION to approve Chane pP g Order#8 from Rathke Construction All � sider RESOLUTION to issue payment#4 to Rathke Construction � C. Con - t>� ,� fG .. gs�� '/ gf[' j"int �'a( l�l 3i1 iiC4 i. � I ° / � " f / I 9. Consider RESOLUTION' o set a pu 1ic hearing concerning the 2010-2011 budget 10. Consider RESOLUTION to set a public hearing concerning a 2009-2010 budget amendment ;E 1.1. Consider RESOLUTION to enter into Contract for Law Enforcement Services with Linn County Sheriff s Department for FY 10/11 14f w 12. Consider RESOLUTION to establish payment policy 1iy � 1 13. Consider RESOLUTION to enter into agreement with AFLAC 14. Consider ORNANCE 1(14 to amend Chapter 1160 of the Code of Ordinances of the City of Fairfax, Iowa, 2007 a. 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. 104 Fairfax City Council Agenda- February 9, 2010 Page 2 b. Consider motion for final passage and adoption with respect to ORDINANCE;NO. 104, AN ORDINANCE AMENDING THE CODE, OF ORDINANCES OF THE CITY OF FAIRFAX, IOWA, 2007, BY AMENDING PROVISIONS PERTAINING TO FLOOD PLAIN REGULATIONS 15. Consider ORDINANCE 1.05 to amend Chapter 99 of the Code of Ordinances of the City of Fairfax, Iowa, 2007 a. Consider motion to remove ORDINANCE 105 from the table b. Consider introduction of ORDINANCE 105 r: o C. 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, 105 t d. Consider motion for final passage and adoption with respect to ORDINANCE NO. 105, AN ORDINANCE AMENDING THE CODE OF ORDINANCES OFTHE CITY OF FAIRFA , IOWA, 2007, BY AMENDING PROVISIONS PERTAINING TO SEWER SERVICE CHARGES { vt 1 i. Discussion of the trail project -. `,-` S p ' ?�, c c{ . f, rr p. 1",r �f7 `=lCy,i ir:5' Isr � 1 Di cussion on the water mann connection ee to the City's water supply systerri'— -� W sl vW t r'1W L L. 19.Discussion on the sewer main connection fee to the Cit 's water supply City's system 119. Discussion and possible action concerning invoice from Terracon k'I. ✓ >v Fairfax City Council Agenda- February 9, 2010 Page 3 to 20. Discussion and possible action concerning 28E Agreement with Linn County 21. Discussion and possible action concerning costs for box culvert JA 9) 22. Discussion about farm management ot --13. Dis�dss'fAnand"possible action on computer network and computer equipment purchase ? U L 24. Discussion and possible action on Link2Gov program 25.Discussion about a public access cable channel 26. Discussion of Electric Transmission Franchise Agreement with ITC Midwest 27. Discussion of definition of family in zoning code 28. Consider motion to approve the claims list dated February 9',2010 46 29. Discussion Cf a. Opportunity for citizens not on agenda c€ r 'Wc fir; 30, Clerk's t1ents 3 1.Mayor's comments 3,2. Adjournment 1A Fairfax City Council Agenda-- February 9, 2010 Page 4 -V� ct .................. kk 6A Ali Vr