Posting Date:   October 14, 2005

 

 

 

NOTICE OF REGULAR MEETING

 

BONDURANT CITY COUNCIL

 

OCTOBER 17, 2005

 

Meeting 05-22

 

 

NOTICE IS HEREBY GIVEN that a Regular Meeting of the City Council will be held at 6:00 p.m. on Monday, October 17, 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 – October 03, 2005

c)                  Receive and File – WRA Board Minutes – September 20, 2005

d)                 Receive and File – Library Board of Trustee Minutes – September 01, 2005

e)                 Receive and File – Polk County Aviation Authority Minutes – September 08, 2005

f)                    Receive and File – SCCIC Minutes – October 11, 2005

g)                 Receive and File – Polk County Emergency MGMT Minutes – September 21, 2005

h)                  Approval of the Claims Report

i)                    Tax Abatement Application – Douglas Wanye Morton, 412 – 5th Street, Northwest;  David and Christine Park, 605 Spruce Circle, Northwest, Bondurant, Polk County, Iowa

6)             Polk County Sheriff’s Department Report

7)             Mr. Jerry Searle, P.E. – Presentation of the Northeast Beltway Feasibility Study and

Preserving the Proposed Corridor and Presentation of the Joint Public Service Agreement between the City of Bondurant, Polk County, Iowa and Polk County, Iowa

                        RESOLUTION NO. 05-116 – A Resolution supporting the results of the Northeast

                                    Beltway Feasibility Study and Preserving the Proposed Corridor

                        RESOLUTION NO. 05-117 – A Resolution approving the Joint Service Agreement

                                    between Polk County, Iowa and the Cities of Alleman, Altoona, Ankeny,

                                    Bondurant, Des Moines, Elkhart, and Polk City, relating to the Northeast Beltway

                                    Phase 2 Study

8)             RESOLUTION NO. 05-118 – A Resolution approving the “Naming of City Property, City

Streets, Facilities, and Features within the City of Bondurant, Polk County, Iowa

9)             RESOLUTION NO. 05-119 – A Resolution approving the “Re-Naming of City Property, City

Streets, Facilities, and Features within the City of Bondurant, Polk County, Iowa

10)         RESOLUTION NO. 05-120 – A Resolution authorizing and directing the City Administrator

to Write-Off certain Emergency Medical Service Accounts as Non-Collectible

 

 

 

Bondurant City Council Agenda

October 17, 2005

Page Two

 

 

 

11)         RESOLUTION NO. 05-121 – A Resolution approving the Employment Contract and

Agreement between the City of Bondurant, Polk County, Iowa and Darrel Steven Carlyle

12)         ORDINANCE NO. 05-220 – An Ordinance amending the Code of Ordinances of the City of

Bondurant, Iowa, 2002, with respect to Home Occupations

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

a)                 Proposed Ordinance amending the Code of Ordinances of the City of Bondurant, Iowa, 2002, with respect to prohibiting sex offenders from residing within two thousand feet of various public facilities

14)         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

October 17, 2005

 

 

 

Meeting No. 05-22

 

 

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 17th day of October, 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 James M. Valentine

                              City Attorney Matthew S. Brick

                              City Administrator Darrel Steven Carlyle

                              Administrative / Utility Clerk Michelle Wells

                              Accounting Clerk Luane Baker

 

Absent:                 Council Member Gregory S. Schiermeister

                                   

Notice of the meeting was posted at the Bondurant City Center, Ampride Store, Casey’s General Store, and Legacy Bank on October 14, 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.

 

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

 

Motion made by Council Member Bailey, seconded by Council Member Cordes, to approve the consent items consisting of the City Council Minutes of October 03, 2005, Library Board of Trustees Minutes of September 01, 2005, Polk County Aviation Authority Minutes of September 08, 2005, SCCIC Minutes of October 11, 2005, Polk County Emergency Management Minutes of September 21, 2005, the Claims Report and Tax Abatement Applications for Douglas Wanye Morton, 412 – 5th Street Northwest and David and Christine Park, 605 Spruce Circle, Northwest, Bondurant, Polk County, Iowa.  Roll Call:  Bailey-Yes, Cordes-Yes, Kromrie-Yes, Valentine-Yes.  Motion carried.

 

Accounting Clerk Baker left at 6:08 p.m.

 

Mr. Jerry Searle, P.E., Snyder and Associates, 501 Southwest Oralabor Road, Ankeny, Iowa, presented the Northeast Beltway Feasibility Study and Proposed Corridor and the Joint Public Service Agreement between the Cities of Alleman, Altoona, Ankeny, Bondurant, Des Moines, Elkhart and Polk City and Polk County, Iowa and answered questions from the Mayor and Council. 

 

Motion made by Council Member Cordes, seconded by Council Member Valentine, to approve Resolution No. 05-116, a  Resolution  supporting the  results of  the Northeast Beltway  Feasibility Study

 

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October 17, 2005

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and Preserving the Proposed  Corridor.   Roll Call:   Cordes-Yes, Valentine-Yes,  Bailey-Yes,  Kromrie-Yes.   Motion carried.

 

Motion made by Council Member Bailey, seconded by Council Member Cordes, to approve Resolution No. 05-117, a Resolution approving the Joint Service Agreement between Polk County, Iowa and the Cities of Alleman, Altoona, Ankeny, Bondurant, Des Moines, Elkhart, and Polk City, relating to the Northeast Beltway Phase 2 Study.  Roll Call:  Bailey-Yes, Cordes-Yes, Kromrie-Yes, Valentine-Yes.  Motion carried.

 

Motion made by Council Member Bailey, seconded by Council Member Cordes, to approve Resolution No. 05-118, a Resolution approving the Naming of City Property, City Streets, Facilities, and Features within the City of Bondurant, Polk County, Iowa Administrative Policy for the City of Bondurant, Polk County, Iowa.  Roll Call:  Bailey-Yes, Cordes-Yes, Kromrie-Yes, Valentine-Yes.  Motion carried.

 

Motion made by Council Member Cordes, seconded by Council Member Valentine, to approve Resolution No. 05-119, a Resolution approving Re-Naming of City Property, City Streets, Facilities, and Features with the City of Bondurant, Polk County, Iowa Administrative Policy for the City of Bondurant, Polk County, Iowa.  Roll Call:  Cordes-Yes, Valentine-Yes, Bailey-Yes, Kromrie-Yes.  Motion carried.

 

Motion made by Council Member Kromrie, seconded by Council Member Cordes, to approve Resolution No. 05-120, a Resolution Authorizing and Directing the City Administrator to Write-Off Certain Emergency Medical Service Accounts as Non-Collectible.  Roll Call:  Kromrie-Yes, Cordes-Yes, Bailey-Yes, Valentine-No.  Motion carried.

 

Mayor Ihde opened up discussion concerning Resolution No. 05-121, a Resolution approving the Employment Contract and Agreement between the City of Bondurant, Polk County, Iowa and Darrel Steven Carlyle.  Council Member Kromrie asked that the item be tabled until such time a performance appraisal be executed on City Administrator Carlyle, outlining his goals and objectives, in closed session.  Council Member Cordes said Council has not done a performance evaluation before approving the annual contract in years past.  He said last year there were a couple of items discussed and Council recommended that courses be taken by City Administrator Carlyle.  The courses have been completed and he feels that the people that elected him to Council, elected him to make sure that Council continues to carry out the policies and procedures of the City.  He feels that if agrees not to move forward with approving the Employment Contract and Agreement, it appears that he doesn’t have the faith in Darrel to carry out those policies and he does.  Council Member Kromrie disagreed, saying in 2003 there was a performance appraisal performed during a Council Meeting, which he doesn’t think is a good thing to do, as it is not being fair to both sides of the table.  Last year a performance appraisal was done in closed session and an appraisal needs to done this year, to see if last year’s terms have been met.  Council Member Bailey stated that she has a performance appraisal done at her job and has to complete a review on herself also.  She would like City Administrator Carlyle to complete a review on himself too.  Council Member Kromrie said he would like to see another “Retreat” scheduled to discuss goals for the coming year.  Mayor Ihde indicated that there is currently a Comprehensive Plan Study Committee in place, made up of various representatives from the community, and it will be that final document/plan that will be the guiding tool for the City’s goals and objectives.  Mayor Ihde confirmed with City Attorney Brick  that the decision for  an employee’s  performance  review to be  held  in open or

 

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October 17, 2005

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closed session, is  entirely up to the employee, subject to a vote of the Council.  Council Member Bailey requested that Council be given adequate time to fill out the performance evaluation forms and make comments.  The comments can then be compiled; and the numbers averaged, so that they know what they are dealing with.

 

Motion made by Council Member Kromrie, seconded by Council Member Bailey, to table Resolution No. 05-121, a Resolution approving the Employment Contract and Agreement between the City of Bondurant, Polk County, Iowa and Darrel Steven Carlyle, until a performance evaluation can be completed in closed session.  Roll Call:  Kromrie-Yes, Bailey-Yes, Cordes-No, Valentine-No.  Motion failed.

 

Mr. Mike Adams, 94 Grant Street, North, Bondurant, Iowa, asked Council what the hurry is?  The employee contract is not over until January.  He didn’t think it fair for this Council to vote on an issue of this importance.  He wasn’t questioning Darrel’s qualifications, but this should be left to the new Council. 

 

Motion made by Council Member Cordes, seconded by Council Member Valentine, to approve Resolution No. 05-121, a Resolution approving the Employment Contract and Agreement between the City of Bondurant, Polk County, Iowa and Darrel Steven Carlyle.  Roll Call:  Cordes-Yes, Valentine-Yes, Bailey-No, Kromrie-No.  Motion failed.

 

City Administrator Carlyle stated that Council Member Bailey asked him to draft proposed Ordinance No. 05-220, an Ordinance amending the Code of Ordinances of the City of Bondurant, Iowa, 2002, with respect to Home Occupations and asked her to address it.  Council Member Bailey informed the Mayor and Council that there is a resident in the City that has frequent garage sales.  Articles are placed on his lawn for weeks at a time with signs on the items stating the price.  She said it is more like a flea market that he is running out of his garage, it is an eyesore and she has received numerous complaints about it.  City Administrator Carlyle said this proposed Ordinance would allow this particular event to occur no more than three times per year, with a maximum of three days per event.  Council Member Kromrie said that this would take a lot of time to “police” trying to keep track of how many times a year the garage sales take place.  Council Member Bailey is questioning whether or not he is running a business out of his residence.  Council Member Cordes agreed with Council Member Kromrie, adding maybe a permit would be effective in this particular situation, but still hard to control.  City Attorney Brick stated that other communities that restrict this type of activity have enforcement problems also and anytime you pass an Ordinance targeting an individual, there are questions about the ability to do that.  Mayor Ihde instructed City Administrator Carlyle to contact the resident and inquire to the status of the activity at said property.  No action taken.

 

Mayor Ihde opened a discussion concerning a Proposed Ordinance amending the Code of Ordinances of the City of Bondurant, Iowa, 2002, with respect to prohibiting sex offenders from residing within two thousand feet of various public facilities.  Mayor Ihde stated the existing map that was provided to Council by Polk County, illustrates what the State of Iowa passed in 2002, showing the 2000 feet space around the school and licensed daycare facilities.  Council Member Kromrie said when talking with residents in other communities, they would like to include the whole city and asked how we could include all of our residential areas.  Council Member Bailey stated that the map provided by Polk County was incorrect.  She is a licensed daycare provider and her residence was not included on the map. 

 

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October 17, 2005

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Mayor Ihde asked that an updated map be obtained from Polk County and some verbiage be put together for the next Council meeting on how to proceed with this issue.

 

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 September, 2005, and the Activities Calendar for November, 2005.

ü      Referenced communication from Metro Waste Authority.

ü      Referenced Metropolitan Planning Organization Fiscal Year 2005 Annual Report.

ü      Referenced informational flier addressing storm water.

 

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

 

q       Council Member Bailey – Requested a performance review for City Administrator Carlyle be put on the next Council agenda.

q       Council Member Kromrie – Announced the Charette on October 21-22 for the proposed Bondurant Municipal Facility / Library / Fire Station.

q       Council Member Cordes – Discussed the protective, plastic barrier that will soon be required for all landfills.

q       Council Member Valentine – No Comment.

 

Mayor Ihde said performance evaluation forms will be distributed to the Council and City Administrator Carlyle can designate whether he wants an open or closed session.  Council Member Cordes asked that upon completion of the performance review will the committee get back together to submit a recommendation to Council.  Council Member Kromrie said that being a member of the committee, he didn’t feel another meeting was necessary.  Council Member Cordes asked if the Resolution approving the Employment Contract and Agreement for Darrel Steven Carlyle would be on the next Council agenda with the performance evaluation.  Council Member Bailey stated that she didn’t think the Resolution should be on the next meeting agenda.  She said the performance review needs to be done at the next meeting and then maybe the Resolution should be on the following meeting agenda.  Council Member Cordes said he’d like to see both items on the next Council agenda.  Council Member Bailey asked for Mayor Ihde’s opinion, adding there are citizen’s concerns that there may be two new Council people and a new Mayor.  Mayor Ihde said changes wouldn’t take place until January 01, 2005, and if the contract isn’t renewed, it would only give the employee 15 days to find a new job.  He said there has always been a policy at the City  that the contract  be negotiated in October or November for that reason.  Council Member Bailey asked City Attorney Brick if City Administrator Carlyle’s contract could be extended for 30 days.  He said the parties could agree to whatever they would like to.  Mayor Ihde asked  that  the performance evaluation  forms be returned to  him by Tuesday,  October 25, 2005.  The

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October 17, 2005

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results would be put together for the November 07, 2005, Council meeting for discussion.  Mayor Ihde asked if a week was adequate  time to do the review.  Council Member Valentine replied  it was plenty of time.  Everyone has their feelings now and it doesn’t take very long to write them down.  He added if you going to have to hem-haw around about it, then you should be getting it done.

 

Mike Adams, 94 Grant Street, North, Bondurant, Iowa, asked for clarification of the liability concerning the Proposed Ordinance pertaining to sex offenders.

 

Amy Bogaards, 707 Brick Street, Southeast, Bondurant, Iowa, questioned the number of sex offenders listed for the City of Bondurant.

 

Motion made by Council Member Cordes, seconded by Council Member Valentine, to adjourn said meeting at 7:15 p.m.  Ayes:  4.  Nays:  0.  Motion carried.

 

 

                                                                                    _________________________________                                                                                    Allen G. Ihde

                                                                                                            Mayor

 

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 October 17, 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