City Council – August 5, 2024 – Agenda & Minutes

Posted: August 2, 2024 | Updated: October 2, 2024

NOTICE AND CALL OF PUBLIC MEETING

 

GOVERNMENTAL BODY: DATE OF MEETING:

TIME AND PLACE OF MEETING:

THE CITY COUNCIL OF CRESCO, lOWA AUGUST 5, 2024 .

5:30P.M. CITY HALL, 130NPARKPLACE

 

PUBLIC NOTICE IS HEREBY GIVEN THAT THE ABOVE MENTIONED GOVERNMENTAL  BODY WILL MEET AT THE DATE, TIME AND PLACE SET OUT ABOVE.  THE TENTATIVE AGENDA FOR SAID MEETING IS AS FOLLOWS:

 

ROLL CALL:  CARMAN, BOUSKA, FOSAAEN, McCONNELL, KRIENER

 

ACT ON THE CONSENT AGENDA: All items listed under the consent agenda will be enacted by one motion. There will be no separate discussion of these items unless a request is made prior · to the time council votes on the motion.

  1. Approval of the Agenda
  2. Approval of the Claims
  3. Minutes from July 15, 2024
  4. Approval of Street Closing Permit for a Portion of North Elm Street, 2nd Avenue West, and North and South Park Place for the Norman Borlaug Harvest Fest August 24, 2024
  5. Approval of Street Closing Permit for a Portion of South Elm Street and the South side Parking Lot for the Norman Borlaug Harvest Fest August 21- August 25, 2024
  1. Approval of Parade Permit for Portions of 6th Avenue West, 3rd Street West, and North Elm Street for the Norman Borlaug Harvest Fest Parade on August 24, 2024
  1. Approval of Special Class C Retail Alcohol with Outdoor Service to Cresco Chamber of Commerce d/b/a Norman Borlaug Harvest Fest
  1. Approval of Application for Tax Abatement under the Urban Revitalization Plan for Alicia Mackenburg
  1. Approval of Class B Retail Alcohol License to Kwik Trip Inc d/b/a Kwik Star #428
  2. Approval of Flag Request for Crestwood Homecoming on September 27,2024

 

STAFF REPORTS: There maybe action taken on each of the items listed below.

  1. Public Works
  2. Police
  3. Administration
  4. Committee Updates

 

COMMENTS  FROM AUDIENCE: (This portion of the agenda is for comments that are not related to one of the items listed on the agenda. Comments can only be received. No formal action by the Council can be taken. Those making public comments will be asked to state their name and address, and to speak from the podium.)

 

BUSINESS:  There may be action taken on each of the items listed below.

 

  1. Public Hearing on the Matter of Adoption of Plans, Specifications, Form of Contract and Estimate of Costs for the Construction of the Cresco Wastewater Treatment Plan Age Related Equipment Replacement

 

  1. Resolution Adopting Plans, Specifications,  Form of Contract, and Estimated Cost for the Cresco Wastewater Treatment Plan Age Related Equipment Replacement
  2. Consideration of Bids Received and Resolution Making Award of Construction

Contract for the Cresco Wastewater Treatment Plan Age Related Equipment

Replacement                                                                                                .

  1. Public Hearing on the Authorization of a Loan and Disbursement Agreement and the

Issuance ofNotes to Evidence the Obligation of the City Thereunder

  1. Resolution Instituting Proceedings to Take Additional Action
  2. Resolution to Record the Release of Reversionary Right to a Portion of the Property

Pursuant to the Development Agreement with BDM Developers LLC

  1. Motion to Waive the Building Permit and Connection Fees for BDM Developers, LLC
  2. Set Public Hearing for Rezoning Property from M-1 to C-2
  3. Discuss Issues at the Malek Pond
  4. Discuss Lead Service Line Inventory Status
  5. Discuss Projects Not Completed and Possible Budget Amendment
  6. First Reading of Proposed Ordinance 512 which Amends Chapter 91 of the Code of

Ordinances of the City of Cresco, Iowa, Pertaining to Water Meters

  1. Motion to Approve the Outstanding Obligation Report and Review Long Term Debt

Balances and Amortization Schedules

  1. Motion to Reappoint Ann Seebach and Karl Waterbeck to the Theatre Commission for a Term of Three Years Expiring 6/30/2027
  2. Motion to Change the September 2nd ·council Meeting Date to Wednesday, September

4, 2024 due to the Holiday

ADJOURN:

THIS NOTICE IS GIVEN AT THE DIRECTION OF THE MAYOR PURSUANT TO CHAPTER 21, CODE OF IOWA AND THE LOCAL RULES OF SAID GOVERNMENTAL BODY.  POSTED AUGUST 2, 2024.

 

 

SECTION 00 11 13

NOTICE TO BIDDERS AND NOTICE OF PUBLIC HEARING

 

ON PROPOSED PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR CONSTRUCTION OF CRESCO WASTEWATER TREATMENT PLANT AGE RELATED EQUIPMENT REPLACEMENT, IN AND FOR THE CITY OF CRESCO, IOWA, AND THE TAKING OF BIDS FOR SAID IMPROVEMENTS

 

Sealed proposals, subject to the conditions contained herein, will be received by the City Clerk of the City of Cresco,  Iowa, at the City Clerk’s office in Cresco City Hall, 130 N Park PI, Cresco, Iowa, until 2:00 pm on July 30, 2024 for:

 

Construction of “CRESCO WASTEWATER TREATMENT PLANT AGE RELATED  EQUIPMENT REPLACEMENT”,  as  hereinafter  described   in  general  and  as  described  in  detail  in  the  plans  and specifications now on file in the office of the City Clerk, Cresco, Iowa.

 

Proposals received will be opened, read aloud, and tabulated at 2:00 pm on July 30, 2024 in the City Clerk’s office in Cresco  City Hall, 130.N Park PI, Cresco, Iowa, and considered  by the City Council at a meeting beginning  at 5:30 PM on August 5, 2024, in the Council Chambers  at Cresco City Hall, Cresco, Iowa. Bids will be acted upon at such time or at such later time as may then be fixed. Proposals received  after the deadline for submission of bids as stated herein shall not be considered  and shall be returned  to the late bidder unopened.

 

A public hearing  will be held on the proposed  plans, specifications,  form of contract, and estimate of cost for said Improvements,  at a meeting beginning  at 5:30 PM on August 5, 2024 in the Council Chambers  at Cresco City Hall, 130 N Park PI, Cresco, Iowa, and at said hearing any interested person may appear and file objections thereto.

 

The extent of the work involved is the furnishing of labor and new materials for the replacement and repair of various wastewater treatment items as specified in the contract documents  including, but not limited to the following:

 

Screw   pumps,   clarifier   mechanisms,   sludge   digester   canopy,   non-potable   water,   air   piping   and appurtenances, control panels at lift stations, and related equipment items. The work shall be performed at

24321 90th St. Cresco, lA 52136.

 

The Proposal shall be made out on the form furnished by the CITY OF CRESCO, IOWA and obtained from WHKS  & Co., Engineers, Planners,  and Surveyors,  and must  be accompanied in a sealed  envelope  by either: (1) a certified check, or a cashier’s  check drawn on an Iowa bank, or a bank chartered under the laws of the United States, in an amount of 5% of bid amount; or (2) a certified share draft drawn on a credit union in Iowa or chartered under the laws of the United States, in an amount of 5% of bid amount; or (3) a

 

 

 

3 of ‘1

City of Cresco

WHKS Job No: 9933                                                Page

NOTICE TO BIDDERS AND NOTICE OF PUBLIC HEARING

 

bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the penal sum of 5% of bid amount.

 

The bid security shall be made payable to the City Clerk of the CITY OF CRESCO, IOWA.

 

The bid security must not contain any conditions  either in body or as an endorsement  thereon. The  bid security shall be forfeited to the City as liquidated damages in the event the successful bidder fails or refuses to enter into contract within ten (10) days after the award of contract and post bond satisfactory to the City insuring the faithful fulfillment of the contract and the maintenance  of said work, if required, pursuant to the provisions  of this notice and the other contract documents.  The City will accept bid bond forms that meet the Requirements  of Iowa Code Section 26.8.

 

Sales   Tax   Exemption.     Contractors   and   subcontractors   shall   not  include   sales   tax  for   material purchases.  At the time of the contract acceptance by the City Council, the prime contractor and all subcontractors  will be issued a certificate of exemption.

 

Bidders  shall not be permitted  to withdraw  their bids for a period  of thirty (30) days after the same  are opened.

 

By  virtue  of statutory  authority,  a preference  will be given  to products  and provisions  grown  and  coal produced  within the State of Iowa.

 

In accordance  with Iowa statutes, a resident bidder shall be allowed a preference as against a nonresident bidder from  a state or foreign country if that state or foreign  country  gives or requires  any preference  to bidders  from  that state  or foreign  country,  including  but  not limited  to any  preference  to bidders,  the imposition  of any type of labor force preference, or any other form of preferential treatment  to bidders or laborers from that state or foreign country. The preference shall be equal to the preference given or required by the state or foreign country in which the nonresident  bidder is a resident. In the instance of a resident labor force preference, a nonresident bidder shall apply the same resident labor force preference to a public improvement in this state as would be required in the construction  of a public improvement by the state or foreign country in which the nonresident  bidder is a resident.

 

Bidders  will be required to complete  a Bidder Status Form from the Iowa Department  of Labor regarding the Contractor’s  resident status within the State of Iowa.  Failure to submit a fully completed Bidder Status Form with the bid may result in the bid being deemed nonresponsive and rejected.

 

The Contractor shall commence work within ten (10) days after the Notice to Proceed is issued.  The Notice to Proceed  is anticipated to be issued within ten (10) days from the effective date of the agreement. Work shall commence as soon as possible after award and approval of the contract and bonds. The Work shall be Substantially Completed on or before November  28, 2025 and ready for Final Completion on or before

December 30, 2025.

 

City of Cresco

WHKS Job No: 9933

NOTICE TO BIDDERS AND NOTICE OF PUBLIC HEARING

 

The parties hereby agree that damages occasioned  the Owner by the Contractor’s failure to complete the work within the Contract time are difficult to measure. Therefore,  the following liquidated damages  shall apply:

 

If the Contractor  does not complete all work under this Contract  as required by Final Completion for Final Payment, the Contractor shall pay to the Owner the sum of Five Hundred ($500) per calendar day as agreed liquidated  damages accrued by the Owner as a result of not having 100% use of the facilities and for administrative  costs and professional services. Said payment of liquidated damages at the daily rate stated above  shall  continue  until  all work  is satisfactorily  completed  as specified  and  so  determined  by  the Engineer.

 

Payment to the Contractor for said Project will be made in cash derived from the proceeds of the issuance of bonds as may be legally used for such purposes, governmental  grants and/or from cash on hand.  Any combination  of the above methods of payment may be used  at the discretion of the Owner.

 

The Contractor  will be paid each month ninety-five (95) percent of the Engineer’s estimate of the value of acceptable work completed at the end of the preceding month.    Final payment will be made in accordance with Iowa  Code  chapters  26 and 573,  as  amended.   No  partial  or final payment  will be due  until  the Contractor  has certified to the City that the materials, labor and services involved  in each estimate  have been paid for in accordance with the requirements  stated in the specifications.

 

The successful  bidder will be required to furnish a bond in an amount equal to one hundred (100) percent of the contract  price, said bond to be issued by a responsible surety approved  by the Owner and which shall guarantee  a faithful performance of the Contract and the terms and conditions therein contained and shall guarantee  the prompt payment of all materials  and labor and protect and save harmless the Owner from claims and damages of any kind caused by the operations of the Contractor and shall also guarantee the maintenance of the improvements  constructed  for a period  of Two (2) year(s)  after completion  and acceptance  by the Owner.

 

The project is funded in part with Federal funds and is therefore subject to certain labor standards and civil rights requirements included in the Contract Documents.  Contractors  performing work on the project shall comply with the requirements as enumerated in the applicable  statutes.

 

Minimum wage rates to be paid laborers and mechanics have been determined by the Department of Labor and are listed  in the Contract Documents. The Contractor(s)  will be required to comply with the wage and labor requirements and to pay minimum wages in accordance with the schedule of wage rates.

 

Plans  and  specifications   governing   the   construction    of   the   proposed   improvements   have   been prepared  by WHKS  & Co., Engineers, Planners,  and Surveyors,  which plans and specifications  and the proceedings of the Owner referring to and defining said proposed  improvements  are hereby made a part of the Notice  by reference, and the proposed  contract shall be executed in compliance  therewith. Copies

NOTICE TO BIDDERS AND

City of Cresco

 

of said plans and specifications are now on file with the City Clerk and at the offices of WHKS & Co. and may be examined by the bidders.

 

Plans and specifications are available to download free of charge at www.questcdn.com. Plans and specifications for private use may also be obtained from WHKS & Co., Engineers, Planners, and Surveyors,

1412  6th Street SW, Mason City, lA 50402-1467,  for a refundable deposit of $20.00.  If the plans and

 

specifications are not returned to WHKS & Co. within fourteen (14) days after the award of the project and

tn reusable condition, the deposit shall be forfeited.

 

The CITY OF CRESCO does hereby reserve the right to reject any or all bids, to waive informalities, and to enter into such contract, or contracts, as it shall deem to be in the best interest of the City. Published upon order of the City Council of the CITY OF CRESCO, IOWA.

 

CITY OF CRESCO, IOWA

Attest:                    /S/Nicole Hill

City Clerk

 

END OF SECTION

 

 

City of Cresco

WHKS Job No: 9933

Page        of ‘1

NOTICE TO BIDDERS AND NOTICE OF PUBLIC HEARING

 

NOTICE OF MEETING OF THE CITY COUNCIL OF THE CITY OF CRESCO, STATE OF lOWA, ON THE MATTER OF THE PROPOSED AUTHORIZATION  OF A LOAN AND DISBURSEMENT  AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $2,000,000 SEWER REVENUE CAPITAL LOAN NOTES, AND THE PUBLIC HEARING ON THE AUTHORIZATION AND ISSUANCE THEREOF

 

PUBLIC NOTICE is hereby given that the City Council of the City of Cresco, State of

 

Iowa, will hold a public hearing on the 5th  day of August, 2024, at 5:30P.M., in the Council Chambers, City Hall, 130 N. Park Place, Cresco, Iowa, at which meeting the Council proposes to take additional action for the authorization of a Loan and Disbursement Agreement by and between the City and the Iowa Finance Authority and the issuance to the Iowa Finance Authority of not to exceed $2,000,000 Sewer Revenue Capital Loan Notes, to evidence the obligations of the City under said Loan and Disbursement Agreement, in order to provide funds to pay the costs of acquisition, construction, reconstruction, extending, remodeling, improving, repairing and equipping all or part of the Municipal Sewer System, including those costs associated with the replacement and rehabilitation of equipment at the wastewater treatment plant.  The Notes will

not constitute general obligations or be payable in any manner by taxation, but will be payable from and secured by the Net Revenues of the Municipal Sewer System.

 

At the above meeting the City Council shall receive oral or written objections from any resident or property owner of the City to the above action.  After all objections have been received and considered, the City Council will at this meeting or at any adjournment thereof, take additional action for the authorization of a Loan and Disbursement Agreement and the issuance of Notes to evidence the obligation of the City thereunder or will abandon the proposal to issue the Notes.

 

This Notice is given by order ofthe City Council of the City of Cresco, State oflowa, as provided by Sections 384.24A and 384.83 of the Code oflowa, as amended.

 

Dated this 15th day of July, 2024.

 

Nicole Hill City Clerk

City of Cresco, State of Iowa

 

MINUTES

Mayor Fortune called the Cresco City Council meeting to order on August 5, 2024 at 5:30 pm. Council Members Carman, Fosaaen, McConnell, and Kriener were present. Council member Bouska was absent.

Carman made the motion to approve the consent agenda which included approval of the: agenda; claims; minutes from the July 15 meeting; Street Closing Permit for a Portion of North Elm Street, 2nd Avenue West, and North and South Park Place for the Norman Borlaug Harvest Fest August 24, 2024; Street Closing Permit for a portion of South Elm Street and the Southside Parking Lot for the Norman Borlaug Harvest Fest August 21- August 25, 2024; Parade Permit for portions of 6th Avenue West, 3rd Street West, and North Elm Street for the Norman Borlaug Harvest Fest Parade on August 24, 2024; Special Class C Retail Alcohol License with outdoor service to Cresco Chamber of Commerce d/b/a Norman Borlaug Harvest Fest; Tax Abatement under the Urban Revitalization Plan for Alicia Mackenburg; Class B Retail Alcohol License to Kwik Trip Inc d/b/a Kwik Star #428; Flag request for Crestwood Homecoming on September 27, 2024. McConnell seconded and it passed all ayes.

Public Works Director Brenno reported: (a) Street Department is continuing to chipseal; (b) a few things to finish on 7th Street West. There was some paint put on the street and some graffiti on 3rd Avenue West. Street department will try to get the paint removed; (c) Water department has fixed two water main breaks. The accountability has gone up some, and will know more in a month if this is the leak they have been searching for; (d) have started to repair the manholes on Highway 9.

Police Chief Ruroden submitted the July Police report. Patrol Officer Doug Eagan started on July 23rd.

City Clerk Hill reported: (a) busy with the Lead Service Line Inventory, updating the Urban Renewal areas, and month end; (b) the auditors will be finishing up this week; (c) Amber and I will be attending a Street Finance Report training on Wednesday.

Mayor Fortune asked for comments from the audience. Jason Passmore updated Council on many events planned for Harvest Fest August 23-25th. There was a great turnout for the Fly-In Breakfast. There were a large number of planes and two helicopters. New Teacher Luncheon is next week. There are 17 new teachers this year. Information and schedule of upcoming events is available on the Chamber website at www.crescochamber.com

Mayor Fortune opened the public hearing on the Matter of Adoption of Plans, Specifications, Form of Contract and Estimate of Costs for the Construction of the Cresco Wastewater Treatment Plant Age Related Equipment Replacement Project. There were no written or oral comments and the public hearing was closed.

McConnell made the motion to approve a Resolution Adopting Plans, Specifications, Form of Contract, and Estimated Cost for the Cresco Wastewater Treatment Plant Age Related Equipment Replacement. Carman seconded and it passed all ayes.

Five bids were received on July 30, 2024 for the Cresco Wastewater Treatment Plant Age Related Equipment Replacement Project: Blazek Corporation $1,585,000; Woodruff Construction $1,809,850; WRH Inc. $1,945,500; Wapasha Construction $1,880,000; Tricon Construction Group $1,877,000. WHKS reviewed the bids and recommend approving the lowest, responsive, responsible bid from Blazek Corporation of Lawler, Iowa for $1,585,000.

Kriener made the motion to approve the Resolution Making Award of Construction Contract for the Cresco Wastewater Treatment Plant Age Related Equipment Replacement to Blazek Corporation. Fosaaen seconded and it passed all ayes.

Mayor Fortune opened the public hearing on the Authorization of a Loan and Disbursement Agreement and the Issuance of Notes to Evidence the Obligation of the City Thereunder. There were no written or oral comments and the public hearing was closed.

McConnell made the motion to approve the Resolution Instituting Proceedings to Take Additional Action for the Authorization of a Loan and Disbursement Agreement and the Issuance of Not to Exceed $2,000,000 Sewer Revenue Capital Loan Notes. Carman seconded and it passed all ayes.

Fosaaen made the motion to approve the Resolution to Record the Release of Reversionary Right to a Portion of the Property Pursuant to the Development Agreement with BDM Developers LLC. Kriener seconded and it passed all ayes.

Kriener made the motion to waive the Building Permit and Connection Fees for BDM Developers, LLC. McConnell seconded and it passed all ayes.

Carman made the motion to set a Public Hearing for August 19, 2024 for Rezoning Property from M-1 to C-2 114 on 7th Street W. Howard County Engineer Nick Rissman explained that current engineers building and sign shed may be moved to a different location on their property and an old barn may be removed. There would be a new building put up in a similar area to the current building. The current zoning requires a 45’ setback. By rezoning it to commercial, it would allow them to build at a 30’ setback with a 5’ awning and allow access between the buildings for equipment to pass through. Kriener seconded and it passed all ayes.

Council discussed issues with maintenance and storm drainage of the Malek Pond. Brenno is working with Mehmert Tiling to see what options are available.

Council discussed the lead service line inventory issues. The Department of Natural Resources is requiring every city to compile an inventory of lead service lines. Participation is required and there are 326 property owners that have not reported and another 279 that were unsure so follow-up is needed to determine the type. Several notices have been mailed as well as follow-up phone calls to encourage residents to return the form. Hill explained that other cities have begun to disconnect water services until the form is completed. One final notice will be mailed to no response customers with a note stating that their water will be disconnected if no reply is received by August 20th. After August 20th, the Water Department will begin posting and disconnecting services for those that still have not returned the form. Kriener made a motion to proceed with disconnecting services after a final notice has been mailed and customers have been posted after the 20th. Fosaaen seconded and it passed all ayes.

Council reviewed the list projects that were not done in the last fiscal year. McConnell made a motion to do a budget amendment for this current fiscal year 2025 to finish the projects that were not completed last fiscal year for a total of about $413,800. Carman seconded and it passed all ayes.

Mayor Fortune performed the first reading of proposed Ordinance 512 which amends Chapter 91 of the Code of Ordinances of the City of Cresco, Iowa, pertaining to water meters. Carman made the motion to approve the first reading. McConnell seconded and it passed all ayes.

Council reviewed and discussed loan balances and amortization schedules. Carman made the motion to approve the Outstanding Obligation Report. Kriener seconded and it passed all ayes.

Kriener made the motion to reappoint Ann Seebach and Kari Waterbeck to the Theatre Commission for a term of three years expiring 6/30/2027. Fosaaen seconded and it passed all ayes.

Carman made the motion to change the September 2nd Council Meeting Date to Wednesday, September 4, 2024 due to the Labor Day Holiday. McConnell seconded and it passed all ayes.

Kriener moved to adjourn the Council Meeting at 6:01 pm. Carman seconded and it passed all ayes. The next regular Cresco City Council meeting will be August 19, 2024, at 5:30 pm at Cresco City Hall.

 

Mayor Alexander Fortune
City Clerk Nicole Hill

Documents

2024 City Council Agendas, Minutes