Posting Date: June
17, 2005
NOTICE IS
HEREBY GIVEN that a Regular
Meeting of the City Council will be held at 6:00 p.m. on Monday, June 20, 2005,
in the
1) Call
to Order
2)
Roll Call
3)
Perfecting and
Approval of the Agenda
4)
Guests Present
5)
Consent Items:
b)
Approval of
the Council Minutes – June 06, 2005
c)
Receive and
File –
d)
Receive and
File – WRA Board Minutes –May 17, 2005
e)
Receive and
File – Library Board of Trustee Minutes – May 05, 2005
f)
Receive and
File –
g)
Receive and
File –
h)
Receive and
File – Planning and Zoning Commission Minutes – April 28, 2005
i)
Approval of
the Claims Report
j)
Tax Abatement
Application – Brian Fiser, 604 Spruce Circle,
Northwest; Randall H. Knight, 408 – 3rd
Street, Northwest; Ragenia
L. Johnson, 405 – 4th Street, Northwest;
Todd and Pamela Schoening, 415 – 5th Street,
Northwest; Richard Patrick, 106 Walnut
Drive, Northwest; Morgan Simmons, 403 –
5th Street, Northwest; Joshua W. Bryant,
502 Mallard Pointe Drive, Northwest; and
Diamond Crystal Brands, Inc.,
6)
Polk County
Sheriff’s Department Report
7)
HEARING
COMPLAINT – Cenex-Ampride,
County,
8)
RESOLUTION NO. 05-55
– A Resolution approving the application for Iowa Retail Cigarette
Permit
for Singh’s Self Service,
9)
RESOLUTION NO. 05-56
– A Resolution approving the street closure on
Northeast
on June 25, 2005
10)
RESOLUTION NO. 05-57
– A Resolution approving the change of the Bondurant City Council
Meeting
date to July 05, 2005
11)
Mr. Eric
Gjersvik, P.E. – Presentation of a Site Plan for Hazel Marie Townhomes Plat 2 and 3
RESOLUTION
NO. 05-58
– A Resolution approving the Site Plan for Hazel Marie
Townhomes Plat 2 and 3
June 20, 2005
Page Two
12)
RESOLUTION NO. 05-59
– A Resolution approving the application for Iowa Retail Cigarette
Permit
for Cenex-Ampride,
13)
RESOLUTION NO. 05-60
– A Resolution approving the Municipal Employee Wages for the
Fiscal
Year 2006
14)
RESOLUTION NO. 05-61
– A Resolution approving the Grant Application to the Albert and
Vera
Clement Trust, on behalf of the Bondurant Community Library and Bondurant
Emergency
Services
15)
ORDINANCE NO. 05-209
– An Ordinance amending the Code of Ordinances of the City of
16)
Reports /
Comments and appropriate action thereon:
a)
City Attorney
Brick
b)
Mayor Ihde
c)
City
Administrator Carlyle
d)
Council
Members
Adjournment
BONDURANT CITY
COUNCIL
REGULAR
MEETING
Meeting No. 05-13
A regular meeting of the City Council of the City of
Present: Mayor Allen G. Ihde
Council
Member Michele R. Bailey
Council
Member Bruce
Council
Member Jeffrey A. Kromrie
Council
Member Gregory
Council Member James M. Valentine
City Administrator
Administrative
/ Utility Clerk
Accounting
Clerk Luane Baker
Notice of the meeting was posted
at the
Mayor Ihde called the meeting to order at 6:00 p.m. Roll call was taken and a quorum was declared.
Motion made by Council Member Cordes, seconded by Council
Member Valentine, to approve the agenda, as presented. Roll Call: Cordes-Yes, Valentine-Yes, Kromrie-Yes,
Bailey-Yes, Schiermeister-Yes. Motion
carried.
Mr. Nigel Chapman, Coldwell-Banker Realty,
City Attorney Steven P. Brick,
introduced Attorney Matt Brick, who joined the Mayor and City Council at the
Council table.
Motion made by Council Member Bailey, seconded by Council
Member Schiermeister, to approve the consent items consisting of the City
Council Minutes of June 06, 2005, Polk County Aviation Authority Minutes of May
05, 2005, WRA Board Minutes of May 17, 2005, Library Board of Trustee Minutes
of May 05, 2005, Polk County Emergency MGMT Board Minutes of May 25, 2005, Des
Moines Area MPO Minutes of May 19, 2005, Planning and Zoning Commission Minutes
of April 28, 2005, the Claims Report and Tax Abatement Applications for Brian Fiser, 604 Spruce Circle, Northwest; Randall H. Knight, 408
– 3rd Street, Northwest; Ragenia L. Johnson, 405 –
4th Street, Northwest; Todd and Pamela Schoening, 415
– 5th Street, Northwest; Richard Patrick, 106 Walnut Drive, Northwest; Morgan
Simmons, 403 – 5th Street, Northwest; Joshua W. Bryant, 502 Mallard Pointe
Drive, Northwest; and Diamond Crystal Brands, Inc., 1600 – 2nd Street,
Northeast, Bondurant, Polk County, Iowa.
Roll Call: Bailey-Yes,
Schiermeister-Yes, Kromrie-Yes, Valentine-Yes, Cordes-Yes. Motion carried.
June 20, 2005
Page Two
Accounting Clerk Baker left at 6:10 p.m.
Polk County Sheriff’s Office
Representative Lt. Jorgenson informed the Council preparations are being made
for Summer Fest. Council Member Bailey
asked
Council Member Cordes declared a conflict of interest on the following
agenda item and indicated that he would abstain.
Mayor Ihde opened the Hearing Complaint, of which Iowa Code
Section 453A.2(1) provides that a person shall not
“sell, give, or otherwise supply any tobacco, tobacco products or cigarettes to
any person under eighteen years of age.”
Iowa Code Section 453A.22(2)(b) provides that
if a permit holder or employee of a permit holder has violated Iowa Code
Section 453A.2(1), the permit holder shall be assessed a civil penalty of a one
thousand five hundred dollars ($1,500.00) fine or a thirty (30) day cigarette
permit suspension for a second violation of Iowa Code Section 453A.2(1) within
two (2) years. On or
about March 07, 2005,
the permittee or
an employee of
the permittee sold cigarettes or tobacco products to a
person under eighteen years of age. A
copy of the Criminal Conviction is attached and incorporated herein. On March 27, 2004, the permittee was issued a
sanction for a first violation of Iowa Code Section 453A.2. Therefore, in accordance with Iowa law, the
City of Bondurant requests the Bondurant City Council find a violation of the
above-referenced sections of Iowa Code Chapter 453A.2 and City Code Chapter
121.07 and assess a civil penalty in the amount of one thousand five hundred
dollars ($1,500.00) fine or a thirty (30) day cigarette permit suspension
against Cenex – Ampride, 6175 Henry Street, Southwest, Bondurant, Polk County,
Iowa. Cenex – Ampride failed to appear
for said hearing.
Motion made by Council Member Bailey, seconded by Council
Member Valentine, to assess a civil penalty of one thousand five hundred
dollars ($1,500.00) against Cenex – Ampride,
Motion made by Council Member Bailey, seconded Council Member Schiermeister,
to approve Resolution No. 05-55, a Resolution approving the application for
Iowa Retail Cigarette Permit for Singh’s Self Service,
Mrs. Kathy Clayton,
Motion made by Council Member Bailey, seconded by Council Member
Schiermeister, to approve Resolution No. 05-57, a Resolution approving the
change of the Bondurant City Council meeting for the
June 20, 2005
Page Three
first meeting date in the month of July to Tuesday, July 05, 2005, due to the
Mr. Eric Gjersvik, P.E, with MSA Gjersvik Division,
Motion made by Council Member Kromrie, seconded by Council Member Bailey,
to approve Resolution No. 05-58, a Resolution approving the Site Plan – Lots 7
– 36 for Hazel Marie Townhomes Plat 2 and 3. Roll Call:
Kromrie-Yes,
Bailey-Yes,
Schiermeister-Yes,
Cordes-Yes, Valentine-Yes. Motion carried.
Motion made by Council Member Bailey, seconded by Council Member Cordes,
to approve Resolution No. 05-59, a Resolution approving the application for
Iowa Retail Cigarette Permit for Cenex-Ampride,
Motion made by Council Member Bailey, seconded by Council Member
Valentine, to approve Resolution No. 05-60, a Resolution approving the
Municipal Employee Wages for the Fiscal Year 2006. Roll Call:
Bailey-Yes,
Valentine-Yes,
Schiermeister-Yes,
Cordes-Yes, Kromrie-Yes. Motion carried.
City Administrator Carlyle announced that he was informed that a funding
source was available to assist with furnishings for the proposed Bondurant
Community Library / Emergency Services / Municipal building. Ms. Susan Ugulini, Bondurant Community
Library Board of Trustees President, was instrumental in drafting the grant
application and City Administrator Carlyle thanked her for her assistance.
Motion made by Council Member Cordes, seconded by Council Member Bailey,
to approve Resolution No. 05-61, a Resolution approving the Grant Application
to the Albert and Vera Clement Trust, on behalf of the Bondurant Community Library
and Bondurant Emergency Services. Roll
Call: Cordes-Yes, Bailey-Yes,
Schiermeister-Yes, Kromrie-Yes, Valentine-Yes.
Motion carried.
Mayor Ihde led a discussion on proposed Ordinance No. 05-209, an
Ordinance amending the Code of Ordinances of the City of Bondurant, Iowa, 2002,
by amending provisions pertaining to Subdivision Design Standards. Ordinance 05-209, Section 180.05.3.G states
that lots in a subdivision over ten (10) lots shall not access directly onto an
existing public street or road, but shall face onto and be accessed by a new
street designed for that purpose, where speeds exceed forty-five (45) mph.
City Administrator Carlyle stated that on March 02, 2005, the City
received the first submittal, a preliminary plat, for Clarence Oleson Vista
Estates – First Addition (now called
June 20, 2005
Page Four
MSA Gjersvik Division, on behalf of Adams Properties, requested a
variance from Chapter 180.05.3.G. The
Board of Adjustment for the City of Bondurant met on April 12, 2005, at 6:00
p.m., to consider the request for a variance, allowing lots in a subdivision
over ten (10) lots to access directly onto an existing public street or road,
in an R-2 zoning district, located along 15th Street, Southeast and Northeast
80th Street, Bondurant, Iowa. Mr.
Gjersvik explained that he was requesting a variance, to have consistency with
the C.O.V.E. development and the Fox Run development. He indicated the new development would have
access to the sanitary sewer system at the C.O.V.E.. On a 5-0 vote, the Board of Adjustment voted
to deny the request for a variance. On
May 31, 2005, City Administrator Carlyle received an e-mail communication from
Michael R. Adams, asking that the City Council amend the Code, Chapter 180,
Section 180.05.3.G, to include the following “…..where speeds exceed 45
mph. On the Bondurant City Council
agenda, dated June 06, 2005, the City Council discussed the request to amend
the Code. City Administrator defined the
concept of Access Management as control of access points along highways,
streets, and roads that serve as major traffic routes, and to maintain safety
at the full traffic capacity of the roadway.
Access Management should be promoted in any community to maintain the
carrying capacity of a particular roadway and to reduce the number of traffic
accidents along that roadway. The over
population of driveways along an arterial roadway will have a negative affect
on the through movement, lowering its level of service and increasing traffic
accidents.
Mayor Ihde asked Attorney Matt Brick to comment on recent annexation
issues with the City Development Board.
Attorney Brick said recently the City Development Board voted down a
request for annexation and one of the Development Board’s criticisms against
the City of
Ms. Marla Suddreth,
Mayor Ihde said that he was on the City Council when Dick Moore’s Fox Run
Plat was approved. It was pointed out to
Mr. Moore that with the irregular placement of lots, the city couldn’t afford
to extend city services out there and he opposed it at the time. He said each buyer made a choice when they
purchased in the development.
Ms. Suddreth said if the Council doesn’t
approve the proposed Ordinance No. 05-209, they will never have city services, they will be landlocked and may have no other
choice than to annex out and go county.
She further stated that the Council that approved the Fox Run
development in the first place, decided to play “good old boy club” with Dick
Moore and give him a building permit to build her house out there and string
them along with probably the highest taxes in town and no services. If the City Council at that time, had done
everything that the City Council today is requiring Mr. Adams to do, the Fox
Run development wouldn’t be in the situation they are in. Ms. Suddreth added, that she was aware of the situation when she
purchased her home, but now with the services coming so close to the Fox Run
development, maybe as a neighborhood they would decide to pay an assessment to
bring the sewer down rather than staying on septic. If
June 20, 2005
Page Five
Mayor Ihde said until the City gets a chance to study the plat and see
what the design is, it hard to decide where to continue with water and sewer in
that area. He would personally make a
recommendation that the City come up with an option, no matter how the frontage
is put together, to extend water and sewer to
Mr. Jason Greubel, 7328,
Mr. Ray Sauer,
Mr. Walt McCleary,
Mr. Nigel Chapman, Coldwell-Banker Realty,
Mr. Bruce Riesburg,
Motion made by Council Member Kromrie to approve Ordinance No. 05-209, as
the first reading, an Ordinance Amending the Code of Ordinances of the City of
Bondurant, Iowa, 2002, by Amending Provisions Pertaining to Subdivision Design
Standards. Motion died for lack of a
second.
Council Member Cordes stated that there were many questions and new
things brought up that he would like to look into and think about, and asked
what the time frame is.
City Administrator Carlyle suggested referring said matter to the
Planning and Zoning Commission because this particular Ordinance is in
Subdivision Regulations and that is the document that Planning and Zoning
Commission is responsible for. This
could be referred back to Planning and Zoning Commission through a study
process working through the issues at hand.
A study committee could be formed, comprised of a variety of interested
parties and return to the City Council with a recommendation.
Council Member Schiermeister said even approving a first reading of the
Ordinance would be jumping the gun.
There are alot of problems that need to be
looked into, that are completely independent of
June 20, 2005
Page Six
what Mr. Adams wants to do. This is
more complex and we need to sit down, either by forming a citizen’s committee
or bring the Planning and Zoning Commission back in, but to move forward with
this Ordinance at this time would be wrong.
Mr. Schiermeister would prefer that the City maintain continuity, but for
future growth of this community, this Ordinance, as it is, is the right thing
to do.
Council Member Valentine said his concern is changing the Ordinance back
and forth.
Mr. Michael R. Adams, Adams Properties, Suite B,
Council Member Kromrie said he is in favor of putting a study group
together to discuss the issues of the proposed Ordinance No. 05-209, but make
it fair to the people who have time invested and not drag this on for three or
four months. He said the study group
should consist of residents who live in the area involved, whether they are for
or against the Ordinance.
City Administrator Carlyle said the next Planning and Zoning Commission
Meeting is June 30, 2005, at 7:00 p.m. and suggested that said matter be an
agenda item for this meeting and a study committee be formed immediately.
Motion made by Council Member Kromrie, seconded by Council Member Cordes,
to refer said matter to the Planning and Zoning Commission; asking the Commission to create a study
committee to “flush-out” all the various issues.. Roll Call:
Kromrie-Yes, Cordes-Yes, Bailey-Yes, Schiermeister-Yes,
Valentine-Yes. Motion carried.
Council Member Cordes thanked the residents for their comments.
City Administrator Carlyle announced that anyone in the audience
interested in serving on the study committee would be put on the list.
The following item(s) were discussed as part of Attorney Brick’s
comments:
§
No
Comment.
The following item(s) were discussed as part of Mayor Ihde’s comments:
v No Comment.
The following item(s) were discussed as part of City Administrator
Carlyle’s comments:
ü
Referenced
communication from the Iowa League of Cities.
June 20, 2005
Page Seven
ü
Referenced
his memo to Mayor and Council regarding review costs for C.O.V.E. Plat 3 -
Final Plat.
ü
Highlighted
Certificate of Attendance to the Fire Service Training Bureau issued to John Alhouse.
ü
Referenced
“MWA Today”.
ü
Referenced
communication from Iowa Communities Assurance Pool.
The following item(s) were discussed as part of Council Member’s
comments:
q Council
Member Bailey – Commented on the
q Council
Member Kromrie – Made an inquiry concerning electric fences and asked for an
update on the Library /
q Council Member Cordes – No Comment.
q Council Member Valentine – No Comment.
q Council Member Schiermeister – No Comment.
Motion made by Council Member Bailey, seconded by Council Member Cordes, to adjourn said meeting at 7:50 p.m. Ayes: 5. Nays: 0. Motion carried.
_________________________________ Allen
G. Ihde
Mayor
ATTEST:
___________________________________
Administrative
/ Utility Clerk
SEAL
I, the understated Administrative / Utility Clerk of the City of Bondurant, Polk County, Iowa hereby certify that the foregoing is a true and accurate copy of proceedings had and done by the Mayor and City Council on June 20, 2005, that all of the subjects included in the foregoing proceedings were contained in the agenda for the meeting, kept continually current and readily available for public inspection at the Office of the City Clerk; that such subjects were contained in said agenda for at least twenty-four hours prior to said meeting, and the said minutes from which the foregoing proceedings have been extracted were written from and available for public inspection within ten business days and prior to the next convened meeting of said body.
__________________________________
Administrative
/ Utility Clerk