Posting Date: September 02, 2005
NOTICE IS HEREBY GIVEN that
a Regular Meeting of the City Council will be held at 6:00 p.m. on Tuesday,
September 06, 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 – August 15, 2005
c)
d)
Bondurant
Planning and Zoning Commission Minutes – August 25, 2005
e)
f)
Eastern Polk
Regional Development Minutes – August 11, 2005
g)
Approval of
the Claims Report
h)
Tax Abatement
Application – Kyle Trusty, 607 Mallard Pointe Drive, Northwest; Todd Hick, 503 Lincoln Street,
Northeast; Diane L. Avery, 201 Mallard
Pointe Drive, Northwest; Kimberly E. Stevens,
603 Mallard Pointe Drive, Northwest;
Corey Barnett, 607 – 6th Court, Northwest; Joseph D. Bell, 513 Mallard Pointe Drive,
Northwest; Allen and Amy Finchum, 207 –
14th Street, Southeast, Bryan and
Charity Wyant, 109 – 5th Street, Northeast;
Riley Butler, 204 Walnut Drive, Northwest; and Sean and Karrie Williams,
6)
Polk County
Sheriff’s Department Report
HEARING COMPLAINT – Singh’s
Self Service,
8)
Mr. Thomas R.
Musgrove, Permit Coordinator – Presentation of a Site Plan for 84 Lumber
RESOLUTION
NO. 05-94 – A Resolution granting conditional
approval of the Site Plan
for 84 Lumber, located in Section 29, within the corporate
limits of the City of
Bondurant,
9)
Mr. Marvin
Skinner, Planning and Zoning Commission Chair – Presentation of
Recommendations concerning Chapter 180 – Section 180.05.3.G
RESOLUTION
NO. 05-95 – A Resolution receiving and filing said
recommendations
10)
Mr. Mark A.
Crawford, P.E. – Presentation of the
ORDINANCE
NO. 05-217 – An Ordinance amending the Code of
Ordinances of the
Street,
Southeast
September 06, 2005
Page Two
11)
Mr. A. J.
Mumm,
Incident Management
Systems (NIMS)
RESOLUTION
NO. 05-91 – A Resolution adopting the National
Incident Management
Systems for
the City of
12)
Mr. George
White, Owner of White Investment, LLC – Request for said Tax Abatement
Application be applied
retroactive due to special circumstances
RESOLUTION
NO. 05-93 – A Resolution recommending to the Polk
County Assessor
and the
Street,
Southwest, Bondurant,
Special
Circumstances
RESOLUTION NO. 05-90 – A Resolution approving the Examination and Copying of Public
Records
Administrative Policy
RESOLUTION NO. 05-92 – A
Resolution approving the City of
Handbook
RESOLUTION NO. 05-96 – A Resolution approving the Emergency Service Vehicle
Bid/Proposal
from Karl’s Chevrolet of Ankeny, Iowa, with modifications
RESOLUTION NO. 05-97 – A Resolution declaring “Beggars” Nights, 2005
17)
ORDINANCE NO.
05-214 – An Ordinance
amending the Code of Ordinances of the City of
18)
ORDINANCE NO.
05-215 – An Ordinance
amending the Code of Ordinances of the City of
19)
ORDINANCE NO.
05-216 – An Ordinance
amending the Code of Ordinances of the City of
20)
Reports /
Comments and appropriate action thereon:
a)
Mayor Ihde
b)
City Attorney
Brick
c)
City
Administrator Carlyle
d)
Council Members
21)
Adjournment
BONDURANT CITY
COUNCIL
REGULAR
MEETING
Meeting No. 05-18
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 Attorney Matthew S. Brick
City Administrator
Administrative
/ Utility Clerk
Accounting
Clerk Luane Baker
Absent: None
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 Bailey, seconded by Council
Member Cordes, to approve the agenda, as presented. Roll Call:
Bailey-Yes,
Cordes-Yes, Schiermeister-Yes, Kromrie-Yes, Valentine-Yes. Motion carried.
Motion made by Council Member Bailey, seconded by Council
Member Schiermeister, to approve the consent items consisting of the City
Council Minutes of August 15, 2005, Des Moines Area MPO Minutes of July 21,
2005, Bondurant Planning and Zoning Commission Minutes of August 25, 2005, Polk
County Emergency Management Commission Minutes of August 17, 2005, Eastern Polk
Regional Development Minutes of August 11, 2005, the Claims Report, and Tax
Abatement Applications for Kyle Trusty, 607 Mallard Pointe Drive, Northwest;
Todd Hick, 503 Lincoln Street, Northeast; Diane L. Avery, 201 Mallard Pointe
Drive, Northwest; Kimberly E. Stevens, 603 Mallard Pointe Drive, Northwest;
Corey Barnett, 607 – 6th Court, Northwest; Joseph D. Bell, 513 Mallard Pointe
Drive, Northwest; Allen and Amy Finchum, 207 – 14th Street, Southeast; Bryan
and Charity Wyant, 109 – 5th Street, Northeast; Riley Butler, 204 Walnut Drive,
Northwest; and Sean and Karrie Williams, 404 – 15th Street, Southeast,
Bondurant, Polk County, Iowa. Roll Call: Bailey-Yes, Schiermeister-Yes, Kromrie-Yes,
Cordes-Yes, Valentine-Yes. Motion
carried.
Accounting Clerk Baker left at 6:03 p.m.
Polk County Sheriff’s Office Representative Lt. Jorgenson was present and had nothing to report.
September 06, 2005
Page Two
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)(a) and City Code Section 121.07 provide
that if a permit holder or employee of a permit holder has committed a first
violation of Iowa Code Section 453A.2(1), the permit holder shall be assessed a
civil penalty of three hundred dollars ($300>00) fine. Failure to pay the penalty as ordered will
result in an automatic fourteen (14) day cigarette permit suspension. On or about March 04, 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 Citation is attached.
On or about June 01, 2005, the permittee was issued a sanction for
violating Iowa Code Subsection 453A.2.
Therefore, in accordance with Iowa law, the City of Bondurant requests
the Bondurant City Council find a violation of the above referenced subsections
of Iowa Code Chapter 453A.2 and City Code Chapter 121.07 and assess a civil
penalty in the amount of three hundred ($300.00) fine against Amarjit Singh,
5263 North Mohawk Avenue, Milwaukee, Wisconsin, d/b/a Singh’s Self Service IV,
1111 Lincoln Street, Southeast, Bondurant, Polk County, Iowa. Singh’s Self Service IV failed to appear for
said hearing.
Motion made by Council Member Kromrie, seconded by Council
Member Cordes, to assess a civil penalty of three hundred dollars ($300.00)
against Singh’s Self Service IV,
Mr. Jeff Storey, Project Manager, 84 Lumber Company, 1019 Route 519 – Building #5, Eighty Four, Pennsylvania, presented the Site Plan for 84 Lumber. City Administrator Carlyle advised Council that the Site Plan has been administratively reviewed and conditionally approved by the Planning and Zoning Commission. Said conditions include a) water service, which will be provided by an on-site well; b) sewer system, which will consist of two (2) 1,000 gallon septic tanks, which will act only as holding tanks; c) approval from the Iowa DOT for a Type “A” entrance.
Motion made by Council Member Cordes, seconded by Council
Member Valentine, to approve Resolution No. 05-94, a Resolution granting
conditional approval of the Site Plan for 84 Lumber, located in Section 29,
within the corporate limits of the City of
Mr. Marvin Skinner, Planning and Zoning Commission Chair,
presented the Recommendations of the Planning and Zoning Study Committee
concerning Chapter 180 – Section 180.05.3G.
The Study Committee recommended that the verbiage in Chapter 180,
Section 180.05.3.G remain as is, which states that lots in a subdivision over
ten (10) lots shall not access directly onto an existing street or road, but
shall face onto and be accessed by a new street designed for that purpose. The Planning and Zoning Commission support
and resolve the approval of proposed Ordinance No. 05-213, an Ordinance
amending the Code of Ordinances of the City of
Motion made by Council Member Cordes, seconded by Council Member Schiermeister, to approve Resolution No. 05-95, a Resolution receiving and filing said recommendations. Roll Call: Cordes-Yes, Schiermeister-Yes, Bailey-Yes, Kromrie-No, Valentine-Yes. Motion carried. Council Member Cordes
September 06, 2005
Page Three
asked that proposed Ordinance 05-213 be placed on the September 19, 2005, Council Meeting Agenda as a discussion item.
Mr. Mark A. Crawford, P.E., McClure Engineering Company,
Mr. Ray Sauer, 604 – 15th Street, Southeast; Mr. Hap Newell, 110 – 15th Street, Southeast and Ms. Nicole Ryan, 112 – 15th Street, Southeast voiced concerns regarding monitoring truck speed versus car speed; asked Council to consider the petition asking that the speed limit on 15th Street, Southeast be lowered to 25 mph and protecting the children at play.
Council Member Kromrie said he would like to amend
proposed Ordinance 05-217, by establishing a speed limit of 25 mph on
Motion made by Council Member Kromrie, seconded by Council Member Bailey, to waive the first and second reading of Ordinance No. 05-217, an Ordinance amending the Code of Ordinances of the City of Bondurant, Iowa, 2002, pertaining to Special Speed Restrictions on 15th Street, Southeast, as amended, and approve as the third and final reading. Roll Call: Kromrie-Yes, Bailey-Yes, Schiermeister-No, Cordes-No, Valentine-No. Motion denied.
Council Member Bailey said she would like to amend
proposed Ordinance 05-217, by establishing a speed limit of 30 mph on
Motion made by Council Member Bailey, seconded by Council Member Cordes, to waive the first and second reading of Ordinance No. 05-217, an Ordinance amending the Code of Ordinances of the City of Bondurant, Iowa, 2002, pertaining to Special Speed Restrictions on 15th Street, Southeast, as amended, and approve as the third and final reading. Roll Call: Bailey-Yes, Cordes-Yes, Schiermeister-Yes, Kromrie-No, Valentine-Yes. Motion carried.
Mr. A. J. Mumm, Polk County Emergency Management
Coordinator, 111 Court Avenue,
Motion made by Council Member Kromrie, seconded by Council Member Bailey, to approve Resolution No. 05-91, a Resolution adopting the National Incident Management Systems (NIMS) for the City of
September 06, 2005
Page Four
Bondurant,
Mr. George White, Owner of White Investment, LLC,
Motion made by Council Member Bailey, seconded by Council
Member Valentine, to approve Resolution No. 05-93, a Resolution Recommending to
the Polk County Assessor and the Polk County Auditor that the Tax Abatement
Application for
Motion made by Council Member Bailey, seconded by Council Member Cordes, to approve Resolution No. 05-90, a Resolution approving the Examination and Copying of Public Records Administrative Policy. Roll Call: Bailey-Yes, Cordes-Yes, Schiermeister-Yes, Kromrie-Yes, Valentine-Yes. Motion carried.
Motion made by Council Member Valentine, seconded by
Council Member Bailey, to approve Resolution No. 05-92, a Resolution approving
the City of
Motion made Council Member Bailey, seconded by Council Member Cordes, to approve Resolution No. 05-96, a Resolution approving the Emergency Service Vehicle Bid / Proposal from Karl’s Chevrolet of Ankeny, Iowa, with modifications, and authorize the Fire Chief, City Administrator and / or Mayor to negotiate the final terms of the vehicle, authorize the City Administrator or Mayor to execute the purchase agreement and authorize the City Administrator to issue payment for such. Roll Call: Bailey-Yes, Cordes-Yes, Schiermeister-Yes, Kromrie-Yes, Valentine-Yes. Motion carried.
City Administrator Carlyle commended Chief Poffenberger and Bondurant Emergency Services for their efforts put forth regarding the proposed purchase of an “attack truck”.
Motion made by Council Member Cordes, seconded by Council Member Valentine, to approve Resolution No. 05-97, a Resolution declaring Sunday, October 30, 2005, between the hours of six p.m. and eight p.m., as “Beggars Night.” Roll Call: Cordes-Yes, Valentine-Yes, Bailey-Yes, Schiermeister-Yes, Kromrie-Yes. Motion carried.
Motion made by Council Member Cordes, seconded by Council
Member Valentine, to waive the first and second reading of Ordinance No.
05-214, an Ordinance amending the Code of Ordinances of the City of
Motion made by Council Member Bailey, seconded by Council
Member Valentine, to waive the first and second reading of Ordinance No.
05-215, an Ordinance amending the Code of Ordinances of the City of
September 06, 2005
Page Five
the third and final reading. Roll Call: Bailey-Yes, Valentine-Yes, Schiermeister-Yes, Kromrie-Yes, Cordes-Yes. Motion carried.
Motion made by Council Member Valentine, seconded by Council Member Cordes, to waive the first and second reading of Ordinance No. 05-216, an Ordinance amending the Code of Ordinances of the City of
The following item(s) were discussed as part of Mayor Ihde’s comments:
§
No Comment.
The following item(s) were discussed as part of Attorney Brick’s
comments:
v No Comment.
The following item(s) were discussed as part of City Administrator
Carlyle’s comments:
ü
Referenced
Bondurant Community Library Statistics report for August, 2005; the Activities
Calendar for September, 2005 and a press release for the Altoona Herald.
ü
Referenced
e-mail communication concerning Dex Phone Book recycling.
ü
Update
regarding chipping service.
The following item(s) were discussed as part of Council Member’s
comments:
q Council Member Bailey – Asked if anything could be done to prevent recent water main breaks.
q Council Member Schiermeister – No Comment.
q Council
Member Kromrie – Commented on Township fees for ambulance and fire protection
and asked for update concerning
the proposed Fire Station / Library /
q Council
Member Cordes – Announced positive comments from residents regarding the
chipping service and the trail around
q Council Member Valentine – No Comment.
Motion made by Council Member Cordes, seconded by Council Member Valentine, to adjourn said meeting at 7:49 p.m. Ayes: 5. Nays: 0. Motion carried.
_________________________________ Allen
G. Ihde
Mayor
September
06, 2005
Page
Six
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 September 06, 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