REGULAR MEETING

The Fairbank City Council met in Regular Session on Monday, August 9, 2004. Mayor Welsh called the meeting to order at 6:00 P.M. Members present: Suckow, Plaster, Frost and Woods. Absent: Kayser. Also present: Ted Vorwald, Utility Superintendent; Jim Peters, City Attorney; Dave Ryan, Assistant Public Works Director and Marlene Strempke, City Clerk.

Motion by Suckow, second by Plaster to approve the agenda as presented. Roll call vote—Ayes: Suckow, Plaster, Frost and Woods. Nays: None.

Motion by Frost, second by Woods to approve the Minutes of the July 12^th and July 26^th, 2004 Regular Meetings. Roll call vote—Ayes: Frost, Woods, Suckow and Plaster. Nays: None.

Motion by Woods, second by Suckow to approve the Treasurer’s Report for July. Receipts for the month of July were $111,073.73 and disbursements were $238,900.20. Balance on hand at close of business on July 31, 2004 was $935,699.07. Roll call vote—Ayes: Woods, Suckow, Frost and Plaster. Nays: None.

Motion by Plaster, second by Suckow to open the Public Hearing for TIF Area Expansion and Urban Renewal Plan Amendment at 6:05 P.M. Roll call vote—Ayes: Plaster, Suckow, Frost and Woods. Nays: None. No comments, written or oral, were received.

Motion by Woods, second by Suckow to close the Public Hearing for TIF Area Expansion and Urban Renewal Plan Amendment. Roll call vote—Ayes: Woods, Suckow, Frost and Plaster. Nays: None.

Motion by Frost, second by Plaster to approve RESOLUTION 2004-10—A RESOLUTION TO DECLARE NECESSITY AND ESTABLISH AN URBAN RENEWAL AREA, PURSUANT TO SECTION 403.4 OF THE CODE OF IOWA AND APPROVE URBAN RENEWAL PLAN AMENDMENT FOR THE 2004 ADDITION TO THE FAIRBANK URBAN RENEWAL AREA. Roll call vote—Ayes: Frost, Plaster, Woods and Suckow. Nays: None.

Motion by Woods, second by Suckow to approve the first reading of ORDINANCE NO. 285---AN ORDINANCE PROVIDING FOR DIVISION OF TAXES LEVIED ON TAXABLE PROPERTY IN THE 2004 ADDITION TO THE FAIRBANK URBAN RENEWAL AREA, PURSUANT TO SECTION 403.19 OF THE CODE OF IOWA. Roll call vote—Ayes: Woods, Suckow, Frost and Plaster. Nays: none.

Motion by Frost, second by Plaster that the statutory rule requiring said ordinance to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended. Roll call vote—Ayes: Frost, Plaster, Woods and Suckow. Nays: None.

Motion by Suckow, second by Frost to adopt ORDINANCE NO. 285---AN ORDINANCE PROVIDING FOR THE DIVISION OF TAXES LEVIED ON TAXABLE PROPERTY IN THE 2004 ADDITION TO THE FAIRBANK URBAN RENEWAL AREA, PURSUANT TO SECTION 403.19 OF THE CODE OF IOWA. Roll call vote—Ayes: Suckow, Frost, Woods and Plaster. Nays: None.

Councilman Kayser arrived at 6:42 P.M.

Tim O’Loughlin was present with the final quotes for employee health insurance. Motion by Kayser, second by Suckow to go with John Deere Choice option with the employees paying $75.00 per month toward family coverage. Roll call vote—Ayes: Kayser, Suckow, Woods, Plaster and Frost. Nays: None.

Several residents in the Maricle Addition were present to discuss the building going up which is in violation of the covenants for the subdivision. Attorney Peters stated that the city has no authority to enforce covenants. It will, however, issue a citation for building without obtaining the proper permits to give them time to pursue legal action.

Attorney Peters will redeem the Crow property and then proceed with setting up a sheriff’s sale on the property.

INRCOG will need to be consulted to get approval from FEMA to deed property purchased in the flood buyout back to the Welsh’s. It will be on a future agenda.

Discussion was held on city attorney duties and how to remedy problems that have come up in contacting him. He will check with the city on Thursday mornings to see if anything is required for the next council meeting or any other issues that have come up.

Ted and Dave measured out a possible area at the ballpark for parking. They had an estimate of the cost of putting in crushed rock at various depths. Ted will talk to the volleyball group and get their thoughts on a couple ideas expressed before anything is decided.

Ted will contact the owners of the Miller property for more information on what they are considering and the city will check to see if there are some sources of funding that could be used if it is decided to proceed. It will be on the next agenda.

Since the ordinance updates listed by Iowa Codification did not affect the city, they will not be done at this time.

Motion by Kayser, second by Suckow to pay the bills as presented. Roll call vote—Ayes: Kayser, Suckow, Woods, Frost and Plaster. Nays: None.

Motion by Suckow, second by Woods to adjourn at 8:15 P.M. Roll call vote—Ayes: Woods, Suckow, Kayser, Frost and Plaster. Nays: None.

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Maurice Welsh, Mayor

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Marlene Strempke, City Clerk