Posting Date:   September 16, 2005

 

 

 

NOTICE OF REGULAR MEETING

 

BONDURANT CITY COUNCIL

 

SEPTEMBER 19, 2005

 

Meeting 05-19

 

 

NOTICE IS HEREBY GIVEN that a Regular Meeting of the City Council will be held at 6:00 p.m. on Monday, September 19, 2005, in the Bondurant City Center at 200 Second Street, Northeast, Bondurant, Polk County, Iowa.  Said meeting is open and the public is encouraged to attend.

 

 

AGENDA

 

 

  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 – September 06, 2005

c)                  Receive and File – WRA Board Minutes – August 16, 2005

d)                 Receive and File – Library Board of Trustee Minutes – August 04, 2005

e)                 Receive and File – Des Moines Area MPO Minutes – August 18, 2005

f)                    Receive and File – Bondurant Municipal Facility Committee Minutes – August 30, 2005

g)                 Approval of the Claims Report

h)                  Tax Abatement Application – Kathy Bissett, 401 Tailfeather Court, Northwest;  Colleen R. Anderson, 104 – 5th Street, Northeast;  Frank DiTomaso, 106 – 5th Street, Northeast, Bondurant, Polk County, Iowa

6)             Polk County Sheriff’s Department Report

7)             Mr. Wally Pelds, Project Manager – Presentation of a Preliminary Plat and Final Plat for

Clement Estates Plat 2, located within the corporate limits of the City of Bondurant, Polk County, Iowa

                        RESOLUTION NO. 05-98 – A Resolution approving the Preliminary Plat for Clement

                                    Estates Plat 2, located within the corporate limits of the City of Bondurant, Polk

                                    County, Iowa

                        RESOLUTION NO. 05-99 – A Resolution approving the Final Plat for Clement Estates

                                    Plat 2, located within the corporate limits of the City of Bondurant, Polk

                                    County, Iowa

8)             Mr. David E. Sturm, P.E. – Presentation of a Site Plan for B.I.G., L.C., located at 3300 Henry

Street, Southwest, Bondurant, Polk County, Iowa

                        RESOLUTION NO. 05-100 – A Resolution approving the Site Plan for B.I.G., L.C.,

                                    located at 3300 Henry Street, Southwest, Bondurant, Polk County, Iowa

9)             Mr. Streetar Cameron – Presentation of a Final Plat for Wolf Creek Plat 1, located within the

corporate limits of the City of Bondurant, Polk County, Iowa

                        RESOLUTION NO. 05-104 – A Resolution approving the Final Plat for Wolf Creek Plat

                                    1, located within the corporate limits of the City of Bondurant, Polk County,

Iowa;  subject to final approval of the City Administrator and City Attorney

 

Bondurant City Council Agenda

September 19, 2005

Page Two

 

 

 

10)         Mr. Jonathan D. Garton, P.E. – Presentation of the 2005 Lincoln Street, Southeast Sanitary

Sewer Improvements Project

                        RESOLUTION NO. 05-105 – A Resolution approving the Design, Specifications and

                                    Bid Forms for the 2005 Lincoln Street, Southeast Sanitary Sewer Improvements

Project

11)         Ms. Julie Barnett – Request for Tax Abatement Application be applied retroactive due to

special circumstances

                        RESOLUTION NO. 05-107 – A Resolution recommending to the Polk County Assessor

                                    and the Polk County Auditor that the Tax Abatement Application for 607 – 6th

Court, Northwest, Bondurant, Polk County, Iowa, be applied retroactive due to

Special Circumstances

12)         Mr. G. Alan Peterson, P.E. – Presentation of Ordinances No. 05-218

                        ORDINANCE NO. 05-218 – An Ordinance amending the Code of Ordinances of the

                                    City of Bondurant, Iowa, 2002, by adding a New Chapter - Illicit Discharge to

Storm Sewer System

13)         RESOLUTION NO. 05-101 – A Resolution authorizing the refund of taxes to those properties

Classified as Residential by the Polk County Auditor / Assessor, in Section 29.

14)         RESOLUTION NO. 05-102 – A Resolution approving the mileage rate for City Employees of

the City of Bondurant, Polk County, Iowa

15)         RESOLUTION NO. 05-103 – A Resolution approving the Proclamation declaring “Bondurant-

Farrar Homecoming Week”

16)         RESOLUTION NO. 05-106 – A Resolution approving the intra-governmental committee to

re-negotiate City Administrator Carlyle’s Employment Contract and Agreement

17)         Discussion and appropriate action to be taken on the following item(s):

a)                 ORDINANCE NO. 05-213 – An Ordinance amending the Code of Ordinances of the City of Bondurant, Iowa, 2002, by adding provisions pertaining to screening requirements

18)         Reports / Comments and appropriate action thereon:

a)                 City Attorney Brick

b)                 Mayor Ihde

c)                  City Administrator Carlyle

d)                 Council Members

19)      Adjournment

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

BONDURANT CITY COUNCIL

REGULAR MEETING

September 19, 2005

 

 

 

Meeting No. 05-19

 

 

A regular meeting of the City Council of the City of Bondurant, Polk County, Iowa, was held in the Community Room at the Bondurant City Center on the 19th day of September, 2005, at 6:00 p.m.

 

 

Present:                Mayor Allen G. Ihde

                              Council Member Michele R. Bailey

                              Council Member Bruce N. Cordes

                              Council Member Jeffrey A. Kromrie

                              Council Member Gregory S. Schiermeister    

                              City Attorney Matthew S. Brick

                              City Administrator Darrel Steven Carlyle

                              Administrative / Utility Clerk Michelle Wells

                              Accounting Clerk Luane Baker

 

Absent:                 Council Member James M. Valentine

 

Notice of the meeting was posted at the Bondurant City Center, Ampride Store, Casey’s General Store, and Legacy Bank on September 16, 2005.  All proceedings hereafter shown were taken while the convened meeting was open to the public.

 

Mayor  Ihde called  the meeting to  order at 6:05 p.m.  Roll call  was  taken and  a quorum was declared.

 

Mayor Ihde announced that Mr. Andy Marske, P.E., A. Leo Pelds Engineering Company, 1372 East 12th Street, Des Moines, Iowa, would be presenting the Preliminary Plat and Final Plat for Clement Estates Plat 2 and advised that item 9 has been removed from the agenda, at the request of the attorney for the Wolf Creek Development.

 

Motion made by Council Member Bailey, seconded by Council Member Cordes, to approve the agenda, as  amended.   Roll Call:   Bailey-Yes,  Cordes-Yes,   Schiermeister-Yes,  Kromrie-Yes.   Motion carried.

 

Motion made by Council Member Cordes, seconded by Council Member Schiermeister, to approve the consent items consisting of the City Council Minutes of September 06, 2005, WRA Board Minutes of August 16, 2005, Library Board of Trustee Minutes of August 04, 2005, Des Moines Area MPO Minutes of August 18, 2005, Bondurant Municipal Facility Committee Minutes of August 30, 2005, the Claims Report and Tax Abatement Applications for Kathy Bissett, 401 Tailfeather Court, Northwest; Colleen R. Anderson, 104 – 5th Street, Northeast; and Frank DiTomaso, 106 – 5th Street, Northeast, Bondurant, Polk County, Iowa.  Roll Call:  Cordes-Yes, Schiermeister-Yes, Kromrie-Yes, Bailey-Yes.  Motion carried.

 

Accounting Clerk Baker left at 6:10 p.m.

 

Polk County Sheriff’s Office Representative Lt. Jorgenson introduced Deputy James Courter.

 

Bondurant City Council Meeting

September 19, 205

Page Two

 

 

 

Mr. Andy Marske, P.E., A. Leo Pelds Engineering Company, 1372 East 12th Street, Des Moines, Iowa, presented the Preliminary Plat and Final Plat for Clement Estates Plat 2, located within the corporate limits of the City of Bondurant, Polk County, Iowa and answered questions from Council.  City Administrator Carlyle stated that the Preliminary Plat has met the administrative review process and has been approved by the Planning and Zoning Commission.  City Administrator Carlyle stated the Final Plat has met the administrative review process.  He recommended approval of both the Preliminary and Final Plats.

 

Motion made by Council Member Bailey, seconded by Council Member Cordes, to approve Resolution No. 05-98, a Resolution approving the Preliminary Plat for Clement Estates Plat 2, located within the corporate limits of the City of Bondurant, Polk County, Iowa.  Roll Call:  Bailey-Yes, Cordes-Yes, Schiermeister-Yes, Kromrie-Yes.  Motion carried.

 

Motion made by Council Member Cordes, seconded by Council Member Bailey, to approve Resolution No. 05-99, a Resolution approving the Final Plat for Clement Estates, Plat 2, located within the corporate limits of the City of Bondurant, Polk County, Iowa.  Roll Call:  Cordes-Yes, Bailey-Yes, Schiermeister-Yes, Kromrie-Yes.  Motion carried.

 

Mr. David E. Sturm, P.E., Abaci Consulting, Inc., 101 North Circle Drive, Grimes, Iowa, presented the Site Plan for B.I.G., L.C., located at 3300 Henry Street, Southwest, Bondurant, Polk County, Iowa.  City Administrator Carlyle said the Site Plan has met the technical requirements and has been approved by the Planning and Zoning Commission.  He recommended approval of the Site Plan.

 

Motion made by Council Member Bailey, seconded by Council Member Schiermeister, to approve Resolution No. 05-100, a Resolution approving the Site Plan for B.I.G., L.C., located at 3300 Henry Street, Southwest, Bondurant, Polk County, Iowa.  Roll Call:  Bailey-Yes, Schiermeister-Yes, Kromrie-Yes, Cordes-Yes.  Motion carried.

 

Mr. Jonathan D. Garton, P.E., Stanley Consultants, Inc., 100 Court Avenue, Suite 300, Des Moines, Iowa, presented the 2005 Lincoln Street, Southeast Sanitary Sewer Improvements Project and answered questions from the Mayor and Council.  This project will extend sanitary sewer service to the C.O.V.E. Plat 4 Development.

 

Motion made by Council Member Cordes, seconded by Council Member Bailey, to approve Resolution No. 05-105, a Resolution approving the Design, Specifications and Bid Forms for the 2005 Lincoln Street, Southeast Sanitary Sewer Improvements Project, relating to the Clarence Oleson Vista Estates (The C.O.V.E.) Development.  Roll Call:  Cordes-Yes, Bailey-Yes, Schiermeister-Yes, Kromrie-Yes.  Motion carried.

 

Ms. Julie Barnett, 607 – 6th Court, Northwest, Bondurant, Polk County, Iowa, stated that during the purchasing process of her home, it was her understanding that the Realtor had filed the Tax Abatement Application on her behalf, which proved to be incorrect. 

 

Motion made by Council Member Kromrie, seconded by Council Member Cordes, to approve Resolution No. 05-107, a Resolution Recommending to the Polk County Assessor and the Polk County Auditor that the  Tax  Abatement  Application  for  607 – 6th  Court,  Northwest,  Bondurant,  Polk  County,  Iowa,  be

Bondurant City Council Meeting

September 19, 2005

Page Three

 

 

 

Applied Retroactive, due to Special Circumstances.  Roll Call:  Kromrie-Yes, Cordes-Yes, Bailey-Yes, Schiermeister-Yes.  Motion carried.

 

Mr. G. Alan Peterson, P.E., Stanley Consultant, Inc., 100 Court Avenue, Suite 300, Des Moines, Iowa, presented proposed Ordinance No. 05-218, an Ordinance amending the Code of Ordinances of the City of Bondurant, Iowa, 2002, by adding a New Chapter – Illicit Discharge to Storm Sewer System and answered questions from the Mayor and Council.  Mr. Peterson highlighted the process associated with the City of Bondurant’s NPDES Permit for the discharge of storm water.  On March 04, 2004, the City Council approved the Municipal Separate Storm Sewer System permit application and forwarded it the Iowa Department of Natural Resources, which was required by April 04, 2004.  On November 01, 2004, the State DNR issued the City of Bondurant their permit governing the discharge of waters from the City’s storm sewer system (Number 77-17-0-02, which will expire on October 31, 2009).  The six sections of the permit include Public Education and Outreach; Public Involvement and Participation; Illicit Discharge Detection and Elimination; Construction Site Stormwater Runoff Control; Post-construction Stormwater Management; and Pollution Prevention / Good Housekeeping.  Under the section Illicit Discharge Detection and Elimination, the City of Bondurant is required to adopt an Ordinance by October 1, 2005, that prohibits anything other than stormwater from entering into the municipal separate stormwater system; enables the City of Bondurant to inspect private property if an illicit discharge is suspected and provide for enforcement and penalties.  This Ordinance is similar in text to those of surrounding communities and follows the model Ordinance suggested by Federal rules and the Iowa Association of Municipal Utilities.  Over the next year (by October 01, 2006), the City of Bondurant must develop and implement a program to identify and eliminate illicit discharges.  This program will include inspections of all outfalls to waterways and waterbodies within the City, chemical analyses of those waters, and program record keeping.

 

Motion made by Council Member Cordes, seconded by Council Member Bailey, to waive the first and second reading of Ordinance No. 05-218, an Ordinance amending the Code of Ordinances of the City of Bondurant, Iowa, 2002, by adding a New Chapter – Illicit Discharge to Storm Sewer System, and approve as the third and final reading.  Roll Call:  Cordes-Yes, Bailey-Yes, Schiermeister-Yes, Kromrie-Yes.  Motion carried.

 

Motion made by Council Member Kromrie, seconded by Council Member Bailey, to approve Resolution No. 05-101, a Resolution authorizing the refund of taxes to those properties classified as residential by the Polk County Auditor / Assessor, in recently annexed Section 29, Bondurant, Polk County, Iowa.  Roll Call:  Kromrie-Yes, Bailey-Yes, Schiermeister-Yes, Cordes-Yes.  Motion carried.

 

Motion made by Council Member Bailey, seconded by Council Member Schiermeister, to approve Resolution No. 05-102, a Resolution approving the mileage rate for City Employees of the City of Bondurant, Polk County, Iowa, using their private vehicle for city business, shall be reimbursed at a rate of 48.5 cents per mile, effective September 01, 2005.  Roll Call:  Bailey-Yes, Schiermeister-Yes, Kromrie-Yes, Cordes-Yes.  Motion carried.

 

Motion made by Council Member Cordes, seconded by Council Member Bailey, to approve Resolution No. 05-103, a Resolution approving the Proclamation declaring “Bondurant-Farrar Homecoming Week”.  Roll Call:  Cordes-Yes, Bailey-Yes, Schiermeister-Yes, Kromrie-Yes.  Motion carried.

 

Bondurant City Council Meeting

September 19, 2005

Page Four

 

 

 

Motion made by Council Member Cordes, seconded by Council Member Bailey, approve Resolution No. 05-106, a Resolution appointing Council Members Jeffrey A. Kromrie and Gregory S. Schiermeister and Mayor Allen G. Ihde to an intra-governmental committee to re-negotiate City Administrator Darrel Steven Carlyle’s Employment Contract and Agreement.  Roll Call:  Cordes-Yes, Bailey-Yes, Schiermeister-Yes, Kromrie-Yes.  Motion carried.

 

Mayor Ihde led a discussion concerning proposed Ordinance No. 05-213, an Ordinance amending the Code of Ordinances of the City of Bondurant, Iowa, 2002, by adding provisions pertaining to screening requirements.  Mr. John Bein, Planning and Zoning Study Committee Chair, gave an overview concerning how the Committee had reached their recommendation of the proposed Ordinance.  They held lengthy discussions; visited the actual site; arranged for a public meeting to gather input from the residents; and asked City Staff to gather information from surrounding communities, as to how they address this issue.  After the committee reached the decision that the Bondurant Municipal Code should remain as is, they felt that some sort of screening was necessary for aesthetic reasons and continuity.  Objections from Council pertaining to the screening were the cost to the developer and the maintenance and replacement if needed, of the plantings after the homes become occupied.  Council Member Cordes asked that proposed Ordinance No. 05-213, be placed on the October 03, 2005, Council Meeting Agenda for further discussion.

 

The following item(s) were discussed as part of Mayor Ihde’s comments:

 

§         Informed Council of the charrette with FEH Associates, Inc., on October 21 and 22, 2005, at the Bondurant City Center.  A charrette is an interactive process where on-site architects take community input concerning the Bondurant Municipal Facility Building and hand sketch designs based on their ideas.  The goal is to discover what ideas work best within the parameters set and give residents the opportunity to be a part of the process.

 

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      Highlighted Certificates of Attendance to the Fire Services Training Bureau issued to Chris J. Bogaards, Brent Hagen and Gregory Schiermeister.

ü      Referenced written communication from Point Builders, LLC.

ü      Referenced written communication from Tom Hockensmith, Chairman of the Polk County Board of Supervisors.

ü      Referenced a press release from Karen Burkett, Library Director, Bondurant Community Library.

ü      Referenced communications from Metro Waste Authority.

ü      Reminded Council of the Special Council Meeting on Wednesday, September 21, 2005, at 6:00 p.m. in Mitchellville, Iowa.

 

 

 

 

Bondurant City Council Meeting

September 19, 2005

Page Five

 

 

 

 

The following item(s) were discussed as part of Council Member’s comments:

 

q       Council Member Bailey – Commented on curb damage during work on the gas line; asked if the “Petocka Park Rules” sign could be reinstalled and requested the October 03, 2005, Council Meeting begin at 5:30 p.m.

q       Council Member Schiermeister – No Comment.

q       Council Member Kromrie – Asked for an update regarding a sanitary sewer issue.

q       Council Member Cordes – Thanked City Administrator Carlyle for calling Metro Waste Authority on his behalf.

 

Motion made by Council Member Cordes, seconded by Council Member Bailey, to adjourn said meeting at 7:35 p.m.  Ayes:  4.  Nays:  0.  Motion carried.

 

 

                                                                                    _________________________________                                                                                    Allen G. Ihde

 

 

ATTEST:

 

 

___________________________________

Michelle Wells

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 19, 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.

 

 

                                                                                                            __________________________________

                                                                                                                                                Michelle Wells

                                                                                                            Administrative / Utility Clerk