NOTICE IS HEREBY GIVEN that a Regular Meeting of the City Council will be held at
6:00 p.m., on Monday, April 07, 2008, 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.
BONDURANT CITY COUNCIL
REGULAR MEETING
Meeting No. 08-07
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 07th day of April, 2008, at
6:00 p.m.
Present: Mayor Marla McCoid
Council Member
Michele R. Bailey
Council Member
Eric Boatwright
Council Member
Keith Ryan
Council Member Curt
Sullivan
City Attorney
Matthew S. Brick
City Administrator
Mark J. Arentsen
Deputy City Clerk
Michelle Wells
Absent: Council Member Mike Adams, Sr.
Notice of the meeting was posted at the
Bondurant City Center, Casey’s General Stores, Legacy Bank and the United
States Post Office on April 04, 2008.
All proceedings hereafter shown were taken while the convened meeting
was open to the public.
Mayor McCoid called the meeting to order at
6:05 p.m. Roll call was taken and a
quorum was declared.
Motion made by Council Member Ryan, seconded
by Council Member Boatwright, to approve the agenda, as presented. Roll Call:
Ryan-Yes, Boatwright-Yes, Sullivan-Yes, Bailey-Yes. Motion carried.
Motion made by Council Member Boatwright,
seconded by Council Member Ryan, to approve the consent items consisting of the
City Council Minutes of March 17, 2008, Planning and Zoning Commission Minutes
of February 28, 2008, Library Board of Trustees Minutes of March 06, 2008, the
Claims Report and Tax Abatement Applications for Brian & Jamie Baas, 812 –
35th Street, Southwest; Randy Shane Bellon, 3305 Ash
Drive, Southwest; Stacy Fisher, 604 Evergreen Circle, Northwest; and Scott
& Annie Michels, 1313 Adams Street, Southeast,
Bondurant, Polk County, Iowa. Roll
Call: Boatwright-Yes, Ryan-Yes,
Bailey-Yes, Sullivan-Yes. Motion carried.
Mr. Tom Hockensmith, 3rd District Supervisor,
presented an update on Polk County activities and answered questions from the
Mayor and Council.
Mr. Skip Conkling, Chairman, Regional
Transit Authority Board, presented an update on the Des Moines Area Regional
Transit Authority (DART) and answered questions from the Mayor and Council.
Mr. Ed Slattery, P.E., Stanley Consultants,
Inc., presented a Sanitary Sewer Services Area Evaluation Agreement and
answered questions from the Mayor and Council.
Motion made by Council Member Bailey, seconded by Council Member Ryan,
to approve Resolution No. 08-42, a Resolution approving the Agreement between
the City of Bondurant and Stanley Consultants, Inc., to evaluate sanitary sewer
services costs for a service area defined by an area bounded by Northeast 94th
Avenue to the north, the City of Altoona to the south, the proposed Northeast
Beltway Corridor to the west, and Northeast 80th Street to the east. The study will provide primary sanitary sewer
infrastructure requirements to meet the needs of this area, based on the Future
Land Use Plan. Roll Call: Bailey-Yes, Ryan-Yes, Sullivan-Yes,
Boatwright-Yes. Motion carried.
Mr. Ed Skinner, Skinner Law Office,
presented an update concerning the removal of the material deposited at the
former Union 76 site and answered questions from the Mayor and Council.
Mr. David Bovee,
Stanley Consultants, Inc., presented a proposal to
design the 2nd Street, Northwest / Northeast Multi-Use Trail (from the west end
of the Mallard Pointe Plat to Lake Petocka) and answered questions from the
Mayor and Council. Motion made by
Council Member Boatwright, seconded by Council Member Sullivan, to approve
Resolution No. 08-43, a Resolution approving the proposal submitted by Stanley
Consultants, Inc., to design the 2nd Street, Northwest / Northeast Multi-Use
Trail (from the west end of the Mallard Pointe Plat to Lake Petocka). Roll Call:
Boatwright-Yes, Sullivan-Yes, Bailey-Yes, Ryan-Yes. Motion carried.
City Attorney Brick opened the Hearing
Complaint, of which Iowa Code Section 453.A.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 three hundred dollars ($300.00).
Failure to pay the civil penalty as ordered under this subsection shall
result in automatic suspension of the permit for a period of fourteen (14)
days. On or about January 14, 2008, 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. 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
three hundred dollars ($300.00) against Mobil Food Market, 1111 Lincoln Street,
Southeast, Bondurant, Polk County, Iowa. Mobil Food Market failed to appear for said
hearing. Motion made by Council Member
Ryan, seconded by Council Member Boatwright, to assess a civil penalty of three
hundred dollars ($300.00) against Mobil Food Market, 1111 Lincoln Street,
Southeast, Bondurant, Polk County, Iowa.
Failure to pay this penalty as ordered shall result in automatic
suspension of the permit for fourteen (14) days. Roll Call:
Ryan-Yes, Boatwright-Yes, Bailey-Yes, Sullivan-Yes. Motion carried.
Motion made by Council Member Boatwright,
seconded by Council Member Sullivan, to approve Resolution No. 08-44, a Resolution approving a Contractor’s Application for Payment
request from Jensen
Builders, Ltd., 2516 7th Avenue, South, Fort Dodge, Iowa, in the amount of
$7,600.00, pertaining to the Bondurant Public Safety Building project. Roll Call:
Boatwright-Yes, Sullivan-Yes, Bailey-Yes, Ryan-Yes. Motion carried.
Motion made by Council Member Bailey,
seconded by Council Member Ryan, to approve Resolution No. 08-45, a Resolution
approving the purchase of a street sweeper from the City of Lake Mills, Iowa,
in the amount of $5,800.00. Roll
Call: Bailey-Yes, Ryan-Yes,
Boatwright-Yes, Sullivan-Yes. Motion
carried.
Motion made by Council member Ryan, seconded
by Council Member Boatwright, to approve Resolution No. 08-46, a Resolution
approving the Official Zoning Map for the City of Bondurant, Polk County, Iowa,
modified on March 26, 2008. Roll
Call: Ryan-Yes, Boatwright-Yes,
Bailey-Yes, Sullivan-Yes. Motion
carried.
Motion made by Council Member Bailey,
seconded by Council Member Ryan, to approve Resolution No. 08-47, a Resolution
authorizing and directing the City Administrator to amend the mileage rate for
City Employees of the City of Bondurant, Polk County, Iowa, when using their
private vehicle for City business, as it is announced by the Internal Revenue
Service. The 2008 standard mileage rate
is 50.5 cents per mile. Roll Call: Bailey-Yes, Ryan-Yes, Sullivan-Yes,
Boatwright-Yes. Motion carried.
Motion made by Council Member Boatwright,
seconded by Council Member Ryan, to approve Resolution No. 08-48, a Resolution
approving the Renewal for a Class C Liquor License (LC) (Commercial) and Sunday
Sales Privilege for Dennis D. Tollerud d/b/a Wooden Nickel Bar and Grill, 8020
Northeast Hubbell, Bondurant, Polk County, Iowa. Roll Call:
Boatwright-Yes, Ryan-Yes, Sullivan-Yes, Bailey-Yes. Motion carried.
Motion made by Council Member Bailey,
seconded by Council Member Ryan, to approve Resolution No. 08-49, a Resolution
approving the Building Code Clearance Easement Agreement between the City of
Bondurant, Polk County, Iowa, and FC Cooperative Company. Roll Call:
Bailey-Yes, Ryan-Yes, Boatwright-Yes, Sullivan-Yes. Motion carried.
Discussion items included Council Member vote
by proxy, Council Member compensation, parking problems on 1st Street,
Southeast, and replacing the storm siren located at 2nd Street, Southeast.
The following item(s) were
discussed as part of Mayor McCoid’s comments:
·
Participated in the 2008 March for “Meals on
Wheels”.
·
Attended a luncheon with the Rolling Agers.
· Gave an update on each of the following meetings
attended recently: BDI Developer’s
Conference; Northeast Polk County Coalition; Veenstra & Kimm / WRA
connection; Greater Des Moines Partnership; Altoona / WRA connection.
The following item(s) were discussed as part of City Administrator
Arentsen’s comments:
·
Manhole
inspections have begun.
·
Replaced
aged water meter at the high school.
·
Dirt
work progressing at the Public Safety Building site.
·
23 new
single family building permits issued in March.
The following item(s) were discussed as part of Council Member’s
comments:
·
Bailey
– Courtyard Estates detention pond flooding and sanitary sewer inlet is
underwater; street light outages; parking being abused at Bondurant Auto Repair;
and properties are unsightly at Bondurant Repair and Leasing and Williamson’s
Repair.
·
Council
Member Ryan – MWA update and asked the status of false alarms at the school.
·
Council
Member Boatwright – No Comment.
·
Council
Member Sullivan – No Comment.
The following item(s) were discussed as part of City Attorney Brick’s
comments:
·
Recovering
legal fees.
Mayor McCoid called for a recess at 8:45 p.m. The meeting reconvened at 8:55 p.m.
Motion made by Council Member Ryan, seconded by Council Member Boatwright, to go into closed session at 8:55 p.m., pursuant to Iowa Code Section 21.5(j) regarding Potential Purchase of Real Estate. Roll Call: Ryan-Yes, Boatwright-Yes, Bailey-Yes, Sullivan-Yes. Motion approved.
Motion made by Council Member Ryan, seconded by Council Member Bailey to close the closed session and open the regular meeting at 9:30 p.m. Roll Call: Ryan-Yes, Bailey-Yes, Boatwright-Yes, Sullivan-Yes. Motion carried.
Motion made by Council Member Ryan, seconded by Council Member Bailey,
to adjourn the meeting at 9:35 p.m. Roll
Call: Ayes: 4. Nays:
0. Motion carried.
Marla
McCoid, Mayor
ATTEST:
___________________________________
Michelle Wells, Deputy City Clerk
SEAL
Bondurant City Council Meeting
April 07, 2008
Page Five
I, the understated Deputy City 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 April 07, 2008, 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, Deputy City Clerk