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Home My WebLink About05-09-2017 Council Minutes CITY OF FAIRFAX REGULAR CITY COUNCIL MEETING May 9, 2017 The regular meeting of the Fairfax City Council was held May 9, 2017, at Fairfax city hall at 300 80"' Street Court. Mayor Frieden called the meeting to order at 6:00 PM. Council members present: JoAnn Beer, Mike Daly, Joe Kell,Nick Volk, and Marianne Wainwright. Other city staff present: Cynthia Stimson, Lynn Miller, Chris Philipp, Kevin Stensland, and Cathy Bayne. Motioned by Beer, seconded by Daly to approve the consent agenda. Ayes: Beer, Daly, Kell, Volk, and Wainwright. Nays: None. Motion carried. David Simmons, with Signal 88, informed the City that the franchise is under new ownership. He has received a request from a local business for extra checks. He discussed a house check issue. Library Director Cathy Bayne reported the library has 73 items missing, which isn't bad for their inventory. The Linn County libraries will have a booth at the Linn County Fair. Fire Chief Mike Sankot expressed concern about the timing of the bridge replacement on West Cemetery Road. He is working out the details to place a fire truck in Don Lacy's building during the IDOT highway bridges project. Joel Gross thanked the Fire Department for their response to the CO alarm at his home. Building Administrator Chris Philipp reviewed his report. Public Works Supervisor Lynn Miller stated they have been busy mowing, installing benches, and fixing a storm sewer drain with tree damage. Kevin Stensland reported that the flushing is complete, the service truck is getting completed, and they had a sewer back-up that has been resolved.. Councilmember JoAnn Beer reported that the Parks and Beautification Committee will be sponsoring a Movie in the Park in June during USA Days. Mayor Frieden opened the public hearing regarding a loan agreement in a principal amount not to exceed $1,000,000 at 6:15 PM. City hall did not receive any written or oral comments and no one in the audience had any. Mayor Frieden closed the public hearing at 6:17 PM. Motioned by Beer, seconded by Daly to approve RESOLUTION NO. 2017-47, A RESOLUTION SETTING DATE FOR SALE OF $955,000 GENERAL OBLIGATION CORPORATE PURPOSE AND REFUNDING BONDS, SERIES 2017 AND AUTHORIZING THE USE OF A PRELIMINARY OFFICIAL STATEMENT IN CONNECTION WITH THE SALE OF THE BONDS. Roll call vote: Ayes: Beer, Daly, Kell, Volk, and Wainwright. Nays: None. Motion carried. Mayor Frieden declared RESOLUTION 2017-47 duly adopted. Discussion was held about the bond sale schedule and Official Statement. Mayor Frieden opened the public hearing regarding vacating a 30-foot public access easement at 6:20 PM. City hall did not receive any written or oral comments. Bill Boland stated that he has used this area to access his ground for farming purposes. Shane Wicks discussed that this action is vacating the public access. He recommended that Bill Boland negotiate a private access agreement with the property owners. When completed, the city will need to review that document. Mayor Frieden closed the public hearing at 6:26 PM. Motioned by Daly, seconded by Volk to approve RESOLUTION NO. 2017-35, A RESOLUTION APPROVING THE VACATION OF AN ACCESS EASEMENT ALONG THE NORTH PROPERTY LINE OF LOT 2, JAMES KURTZ'S SECOND ADDITION TO FAIRFAX, IOWA, AND THE DEDICATION OF AN ACCESS EASEMENT TO THE CITY OF FAIRFAX ALONG THE SOUTH PROPERTY LINE OF SAID LOT 2. Roll call vote: Ayes: Beer, Daly, Kell, Volk, and Wainwright. Nays: None. Motion carried. Mayor Frieden declared RESOLUTION 2017-35 duly adopted. Motioned by Volk, seconded by Daly to approve RESOLUTION NO. 2017-36, A RESOLUTION APPROVING A UTILITY EASEMENT AGREEMENT BETWEEN SOBASKI REAL ESTATE, LLC AND ALLIANT ENERGY. Roll call vote: Ayes: Beer, Daly, Kell, Volk, and Wainwright. Nays: None. Motion carried. Mayor Frieden declared RESOLUTION 2017-36 duly adopted. Motioned by Kell, seconded by Volk to approve RESOLUTION NO. 2017-37, A RESOLUTION APPROVING A UTILITY EASEMENT AGREEMENT BETWEEN RONALD C. HILTON AND ALLIANT ENERGY. Roll call vote: Ayes: Beer, Daly, Kell, Volk, and Wainwright. Nays: None. Motion carried. Mayor Frieden declared RESOLUTION 2017-37 duly adopted. Motioned by Volk, seconded by Kell to approve RESOLUTION NO. 2017-38, A RESOLUTION APPROVING A STORM SEWER FACILITIES EASEMENT AGREEMENT BETWEEN SOBASKI REAL ESTATE LLC AND THE CITY OF FAIRFAX. Roll call vote: Ayes: Beer, Daly, Kell, Volk, and Wainwright. Nays: None. Motion carried. Mayor Frieden declared RESOLUTION 2017-38 duly adopted. Motioned by Wainwright, seconded by Kell to approve RESOLUTION NO. 2017-39, A RESOLUTION APPROVING A SHARED STORM WATER DETENTION POND EASEMENT AGREEMENT BETWEEN LOT 2, JAMES KURTZ'S SECOND ADDITION TO FAIRFAX, IOWA AND PARCEL A, PLAT OF SURVEY NO. 2111. Roll call vote: Ayes: Beer, Daly, Kell, Volk, and Wainwright. Nays: None. Motion carried. Mayor Frieden declared RESOLUTION 2017-39 duly adopted. Motioned by Wainwright, seconded by Volk to approve RESOLUTION NO. 2017-40, A RESOLUTION APPROVING A PRIVATE SANITARY SEWER SERVICE EASEMENT AGREEMENT BETWEEN LOT 2, JAMES KURTZ'S SECOND ADDITION TO FAIRFAX, IOWA AND PARCEL A, PLAT OF SURVEY NO. 2111. Roll call vote: Ayes: Beer, Daly, Kell, Volk, and Wainwright. Nays: None. Motion carried. Mayor Frieden declared RESOLUTION 2017-40 duly adopted. Motioned by Daly, seconded by Volk to approve RESOLUTION NO. 2017-41, A RESOLUTION APPROVING A PRIVATE WELL AND WATER SERVICE LINE EASEMENT AGREEMENT BETWEEN LOT 2, JAMES KURTZ'S SECOND ADDITION TO FAIRFAX, IOWA AND PARCEL A, PLAT OF SURVEY NO. 2111. Roll call vote: Ayes: Beer, Daly, Kell, Volk, and Wainwright. Nays: None. Motion carried. Mayor Frieden declared RESOLUTION 2017-41 duly adopted. Paul Mallie discussed the Fairfax Lions Club's plans for the 5-K during USA Days. They were asked not to paint the route on the street. They will use chalk or people to direct. JoAnn Beer thanked the Fairfax Lions Club for their bench donation. The City approves of the 5-K event and route. Discussion was held about the USA Days Committee's other plans. They are to be contacted to attend the next council meeting to discuss detail of their plans. Motioned by Kell, seconded by Volk to approve RESOLUTION NO. 2017-42, A RESOLUTION APPROVING FIREWORKS PERMIT FOR WILLIAM BARRY. Roll call vote: Ayes: Beer, Daly, Kell, Volk, and Wainwright. Nays: None. Motion carried. Mayor Frieden declared RESOLUTION 2017-42 duly adopted. Shane Wicks discussed the public improvements for Heartland Heights 1St Addition. Some work has been completed, so he is recommending the proposed revised letter of credit. Motioned by Beer, seconded by Wainwright to approve RESOLUTION NO. 2017-43, A RESOLUTION ACCEPTING A MODIFIED LETTER OF CREDIT FOR THE PUBLIC IMPROVEMENTS IN HEARTLAND HEIGHTS 1s" ADDITION. Roll call vote: Ayes: Beer, Daly, Kell, Volk, and Wainwright. Nays: None. Motion carried. Mayor Frieden declared RESOLUTION 2017-43 duly adopted. Discussion was held concerning at tree in the alley near 302 Reynolds Street. Two quotes were reviewed. The City Council requested another quote and for this item to be placed on the next agenda. Linn County Deputy Sheriff Egli presented the list of calls. Discussion was held about the proposed changes to the Fairfax Zoning Code and how they would apply to property. Motioned by Beer, seconded by Kell 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 51. Roll call vote: Ayes: Beer, Daly, Kell, Volk, and Wainwright. Nays: None. Motion carried. Motioned by Beer, seconded by Daly to approve the second reading and final passage and adoption with respect to ORDINANCE NO. 51, AN ORDINANCE AMENDING THE FAIRFAX ZONING CODE OF 2012, OF THE CITY OF FAIRFAX, IOWA, BY AMENDING SECTIONS 1.05, 1.07, AND 1.08 IN REFERENCE TO THE BUFFER-YARD AND SCREENING REQUIREMENTS, TREES, ACCESSORY STRUCTURES, AND PARKING LOTS. Ayes: Beer,Daly,Kell,Volk, and Wainwright. Nays: None. Motion carried. Discussion was held about the proposed changes to the subdivision chapter. Motioned by Wainwright, seconded by Beer to suspend the rule requiring that an ordinance be voted on for passage at two council meetings prior to this meeting with respect to ORDINANCE 52. Roll call vote: Ayes: Beer, Daly, Kell, Volk, and Wainwright. Nays: None. Motion carried. Motioned by Daly, seconded by Kell to approve the second reading and final passage and adoption with respect to ORDINANCE NO. 52, AN ORDINANCE AMENDING THE FAIRFAX CODE OF ORDINANCES OF 2012, OF THE CITY OF FAIRFAX, IOWA, BY AMENDING CHAPTER 166, SUBDIVISION REGULATIONS. Roll call vote: Ayes: Beer, Daly, Kell, Volk, and Wainwright. Nays: None. Motion carried. Motioned by Wainwright, seconded by Beer to approve the second reading and approve ORDINANCE 53. Roll call vote: Ayes: Beer, Daly, Kell, Volk, and Wainwright. Nays: None. Motion carried. Motioned by Wainwright, seconded by Beer to suspend the rule requiring that an ordinance be voted on for passage at two council meetings prior to this meeting with respect to ORDINANCE 53. Roll call vote: Ayes: Beer, Daly, Kell, Volk, and Wainwright. Nays: None. Motion carried. Motioned by Daly, seconded by Kell to approve final passage and adoption with respect to ORDINANCE NO. 53, AN ORDINANCE PROVIDING FOR THE DIVISION OF TAXES LEVIED ON TAXABLE PROPERTY IN THE 2017 AMENDMENT TO THE FAIRFAX URBAN RENEWAL AREA,PURSUANT TO SECTION 403.19 OF THE CODE OF IOWA. Roll call vote: Ayes: Beer, Daly, Kell, Volk, and Wainwright. Nays: None. Motion carried. Motioned by Kell, seconded by Beer to introduce and approve the first reading of ORDINANCE NO. 54, AN ORDINANCE AMENDING THE FAIRFAX CODE OF ORDINANCES OF 2012, OF THE CITY OF FAIRFAX, IOWA, BY AMENDING CHAPTER 156 NATIONAL ELECTRIC CODE. Ayes: Beer, Daly, Kell, Volk, and Wainwright. Nays: None. Motion carried. Motioned by Kell, seconded by Beer to suspend the rule requiring that an ordinance be voted on for passage at two council meetings prior to this meeting with respect to ORDINANCE 54. Roll call vote: Ayes: Beer, Daly, Kell, Volk, and Wainwright. Nays: None. Motion carried. Motioned by Beer, seconded by Kell to approve final passage and adoption with respect to ORDINANCE NO. 54, AN ORDINANCE AMENDING THE FAIRFAX CODE OF ORDINANCES OF 2012, OF THE CITY OF FAIRFAX, IOWA, BY AMENDING CHAPTER 156 NATIONAL ELECTRIC CODE. Ayes: Beer, Daly, Kell, Volk, and Wainwright. Nays: None. Motion carried. Discussion was held concerning the proposed project to do preliminary design for a new alignment at the intersection of West Cemetery Road and Highway 151. If the City wants to consider changes, this design work should be done before the IDOT finalizes their design work for the highway and before the City replaces the bridge on West Cemetery Road. Motioned by Kell, seconded by Beer to approve RESOLUTION NO. 2017-44, A RESOLUTION AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF FAIRFAX AND HALL AND HALL ENGINEERS, INC. Roll call vote: Ayes: Beer, Daly, Kell, Volk, and Wainwright. Nays: None. Motion carried. Mayor Frieden declared RESOLUTION 2017-44 duly adopted. Joel Gross discussed the 2017 80`x' Street Water Main Extension Project and filed the plan and specifications with the City of Fairfax. Bids will be opened on June 7. Motioned by Beer, seconded by Kell to approve RESOLUTION NO. 2017-45,A RESOLUTION SETTING THE TIME AND PLACE FOR A PUBLIC HEARING CONCERNING THE 2017 80TH STREET WATER MAIN EXTENSION PROJECT'S PROPOSED PLANS, SPECIFICATIONS, FORM OF CONTRACT, OPINION OF PROBABLE COST AND PROPOSED IMPROVEMENTS. Roll call vote: Ayes: Beer, Daly, Kell, Volk, and Wainwright. Nays: None. Motion carried. Mayor Frieden declared RESOLUTION 201.7-45 duly adopted. Motioned by Kell, seconded by Volk to approve RESOLUTION NO. 2017-46, A RESOLUTION APPROVING A 28E IOWA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY AGREEMENT FOR PRIMARY ROAD PROJECT - AGREEMENT 92017-1-263. Roll call vote: Ayes: Beer, Daly, Kell, Volk, and Wainwright. Nays: None. Motion carried. Mayor Frieden declared RESOLUTION 2017-46 duly adopted. Discussion was held about the cleaning bids. The lowest bidder withdrew due to the fact that the cleaning must be done during our regular hours. Motioned by Wainwright, seconded by Daly to approve the next lowest bid from Connie's Cleaning Service to clean city hall once a week, during office hours for$110.00 per week. Ayes: Beer, Daly, Kell, Volk, and Wainwright. Nays: None. Motion carried. Motioned by Kell, seconded by Beer to approve the quote from Eastern Iowa Carpet Care to wash the inside and outside of all windows at city hall for $560.00. Ayes: Beer, Daly, Kell, Volk, and Wainwright. Nays: None. Motion carried. Discussion was held regarding staffing at city hall. Motioned by Wainwright, seconded by Kell to authorize Mayor Frieden to hire a temporary employee or a temp agency to fill-in during a leave for $12.00 - $15.00 an hour. Ayes: Beer, Daly, Kell, Volk, and Wainwright. Nays: None. Motion carried. Motioned by Wainwright, seconded by Beer to approve the claims list dated May 9, 2017, Ayes: Beer, Daly, Kell, Volk, and Wainwright. Nays: None. Motion carried. Barb Conner, 101 Williams Blvd., requested to be placed on the next agenda to discuss issues regarding the IDOT's bridges project. JoAnn Beer asked about Linn County's 80`x' Street project. The City does not have any concerns. The new fireworks law was mentioned. Staff and Mayor Frieden are looking into the issues. Mike Daly reported that the Quarry Association is pumping directly into the storm sewer system. Nick Volk asked about a trail light. The city clerk/treasurer discussed room rentals, staffing, city-wide garage sale day, and the Municipal Professionals Academy. Motioned by Kell, seconded by Daly to adjourn the meeting. Ayes: Beer, Daly, Kell, Volk, and Wainwright. Nays: None. Motion carried. 7( Mayor Frieden adjourned the meeting at approximately 8:00 PM. Mayor Burnell G. Frieden City Clerk/Treasurer Cynthia Stimson Disclaimer: The foregoing minutes are not official until approved by t ty Council. CLAIMS LIST May 9, 2017 Payee Purpose Amount Absolute Security Cedar Valley LLC Security System 915.00 Advanced Business Systems, Inc. Copy Agreement 240.20 AFLAC Payroll Premiums 406.80 Airgas Shop Supplies 29.70 Alliant Energy Utility Bill 26.98 Alliant Energy Utility Bill 17.35 Alliant Energy Utility Bill 17.35 Alliant Energy Utility Bill 414.69 Alliant Energy Utility Bill 254.00 Alliant Energy Utility Bills 2,992.51 Baker and Taylor Library 1,441.67 Baker Paper Supplies 320.00 Banker's Trust Debt Payments 937,787.50 Batteries Included FD 83.52 Bayne, Cathy Library 71.97 Belcher, Deidre Deposit Refund 60.00 Bohlmann, Inc. Park Benches 2,970.00 Calef, Danielle Net Deposit Refund 53.20 Canon Financial Copier Lease 448.00 Carus Water Supplies 1,028.00 Cengage Learning Library 20.99 Center Point Large Print Library 127.62 Certified Pest Control Pest Control 125.00 Chamley, Rachel Net Deposit Refund 42.17 City of Fairfax Sewer Bills 205.98 Clark, Mike or Angela Deposit Refund 60.00 Colonial Life Payroll Premiums 161.56 Cook's Library 14.95 CR/LC Solid Waste Agency FD 10.00 Crawford Quarry Rock 491.14 Criterion Pictures Movie in the Park 295.00 Cuisinee at Home Library 33.00 Danko Emergency Equipment FD 2,436.88 Duke Aerial Equipment, Inc. Rental 111.00 Elan Credit Card Balance 4,318.15 Electrical Engineering & Equipment Supplies 213.28 Fareway Supplies 89.06 Fastenal Shop Supplies 16.79 Fauser Energy Resources Fuel 1,135.41 FSSB Loan Payments 24,937.56 G&K Services Uniforms and Mats 583.50 Gazette Communications Publications 320.85 GCR Tires & Service Flat Fixed 25.00 Hach Water Supplies 205.46 Hall & Hall Engineers, Inc. Engineering Fees 36,744.16 IDNR Water Permit 300.00 Iowa Finance Authority Debt Payments 163,173.75 Iowa One Call Locates 67.60 Iowa Prison Industries Signs 1,204.20 IPERS Payroll 6,283.27 John's Lock & Key, Inc. Keys 17.94 Johnson County Refuse, Inc. Solid Waste Services 12,636.25 K & B Ag Supply, LLC Chemicals 136.90 Ken-Way Vac Truck Services 2,800.00 Keystone Laboratories, Inc. Testing 730.30 Kieck's FD 154.95 King's Material, Inc. Concrete 732.01 Kirkwood Community College Training 127.00 Kluesner Construction, Inc. Contractor Work 3,018.75 Linn County REC Utility Bills 2,744.92 LL Pelling, Inc. Premix 232.20 Love of Quilting Library 20.97 Matheson Supplies 22.95 Mayberry Electric Contractor Work 747.50 McCall's Quick Quilting Library 14.98 McCall's Quilting Library 32.98 Menard's Supplies 643.02 MidAmerica Books Library 235.40 MidAmerican Energy Utility Bills 378.12 Midwest Wheel Parts 78.29 Miracle Recreation Benches 2,884.00 Monday, Justin Net Deposit Refund 53.20 Network Computer Solutions IT Work 280.00 Penworthy Library 202.69 Popeck, Charles or Karen Deposit Refund 60.00 Principal Financial Payroll Premiums 969.00 Reid, Scott Deposit Refund 60.00 Schimberg Co. Parts 55.39 Sexton, Philip Deposit Refund 60.00 Signal 88 Security Patrolling 4,819.75 Simmons Perrine Moyer Bergman Legal Services 2,365.42 Smart Apple Media Library 124.45 Solberg's Plaques 46.84 South Slope Phone and Internet Service 788.69 Stetson Building Products, LLC Shop Supplies 1,558.18 Stinger Trailer Repair FD 1,197.95 Stockman, Will Net Deposit Refund 45.54 Strategic Print Solutions Final Payment 149.35 Taste of Home Library 5.00 The Book Farm, Inc. Library 70.50 Twin City Optical Safety Glasses 435.06 UnitedHealthCare Policy Premium 7,481.98 US Cellular Cell Phones 530.62 US Treasury Payroll Taxes 2,927.57 US Treasury Payroll Taxes 2,199.62 US Treasury Payroll Taxes 3,596.99 US Treasury Payroll Taxes 2,206.74 USA Blue Book Supplies 687.62 USPO Postage 209.20 USPO Postage 347.48 Van Meter Supplies 1,783.00 Weeks, Andrew Deposit Refund 60.00 WEX Bank FD 75.28 Wilson-Hite Insurance Insurance 1,141.00 Winstead, Victoria Deposit Refund 90.00 Young, Chiquita Net Deposit Refund 60.35 Total Net Payroll 30,293.02 TOTAL 1,288,758.68 April 2017 Receipts General Fund 288,129.00 Road Use Fund 14,870.02 LOSST Fund 18,998.12 TIF Fund 390,352.61 Water Fund 15,699.91 Trust and Agency Fund 630.00 Sewer Fund 19,446.25 SRF Bond Retire Fund 181858.57 Garbage Fund 12,817.48 Farm Operations Fund 1.64 Total Revenue: 7799803.60 April 2017 Expenses General Fund 105,345.37 Road Use Fund 1403.55 LOSST Fund 5,403.00 Water Fund 32,905.53 Trust and Agency Fund 660.00 Sewer Fund 20,212.39 SRF Bond Retire Fund 922.50 Garbage Fund 19,144.20 Total Expenses: 199,476.54 ZlrI,c (t6a3cttc thegazette.com I INVOICE DATE ACCOUNT# ACCOUNT NAME LINES TIMES 4/25/17 2698 CITY OF FAIRFAX 1.00 x 40 Li 1 DESCRIPTION legals-Loan Agreement$1,000,000 PROOF OF PUBLICATION I, Chris Edwards,do state that I am the publisher of THE GAZETTE, a daily newspaper of general circulation in Linn and Johnson, in Iowa. The notice, a printed copy of which is attached,was inserted and published in THE GAZETTE in the issue(s)of 4/25/2017 The reasonable fee for publishing said notice is $19.56 By NOTICE OF PUBLIC HEARING ON LOAN AGREEMENT IN A } SS. PRINCIPAL AMOUNT NOT TO STATE OF IOWA, EXCEED$1,000,000 (GENERAL OBLIGATION Counties of Linn and Johnson REFUNDING) CORPORATEPURPOSE AND The City Council of the City of Fairfax, Iowa,will meet on the 9th day of May, This instrument was acknowledged by Chris Edwards 20)7,at the City Hall,Fairfax,Iowa,at 6:00 o'clock p.m., for the purpose of before me this 25th day of April,2017 holding a public hearing on a loan agreement(the"Loan Agreement")in a principal amount not to exceed $1,000,000 for the purpose of paying the cost, to that extent, of constructing street and waterworks improvements, planning for projects located in the Fairfax Urban Renewal Area, and refunding the outstanding balance of the City's General Obligation CorporateeLnPurpose Notes,ntisSeries to 009. The Loan Agreement is proposed to be enteredinto pursuant to authority contained in Section 384.24A of the Code of Iowa and willillconstitute a 1)4 0"A(U( general obligation of the City. Nota Public in and for the State of Iowa At that time and place,oral or written Notary objections may be filed or made to the proposal to enter into the Loan Agreement. After receiving objections, the City may determine to enter into the Loan Agreement, in which case, the decision will be final unless appealed to the District Court within fifteen(15)days thereafter. By order of the City Council of the City • of Fairfax,Iowa. Cynthia ren 9,,itAGS DIANE GUSTA City Clerk/Treasurer * ¢ * COMMISSION R 753222 MY COMMISSION EXPIRES: /OWN JUNE 11,2017