City Council – June 5, 2023

Posted: June 26, 2023 | Updated: July 25, 2023

Agenda

NOTICE AND CALL OF PUBLIC MEETING

GOVERNMENTAL BODY: THE CITY COUNCIL OF CRESCO, IOWA

DATE OF MEETING: JUNE 5, 2023

TIME AND PLACE OF MEETING: 5:30 P.M. CITY HALL, 130 N PARK PLACE

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, FORTUNE, 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. Approval of Minutes from May 15, 2023
  4. Approval of Minutes from May 24, 2023 Worksession
  5. Approval of Special Class C Retail Alcohol License (BW) with Outdoor Service to Atomic Pizza Pub LLC d/b/a Atomic Pizza Pub (Expand Outdoor Service Area for Music Events) for June 8, 2023 and for June 30, 2023
  6. Approval of Street Closing for Portions of 2nd Ave West (Parking Spaces and Sidewalk) for Steven Stone/Atomic Pizza Pub to:
    1. Expand Patio for a Music Event on June 8, 2023
    2. Expand Patio for a Music Event on June 30, 2023
    3. Expand Patio for a Music Event on July 13, 2023
    4. Expand Patio for a Music Event on August 10, 2023
  7. Approval of Application for Tax Abatement under the Urban Revitalization Plan for Chad Nelson & Marsha Headington
  8. Approval of Retail Cigarette and Tobacco Permits for:
    1. Casey’s General Stores, Inc dba Casey’s General Store #2511;
    2. Fareway Stores Inc. dba Fareway Stores, Inc #815;
    3. Aaron & Sheila Wemark dba The Ox & Wren Spirits and Gifts;
    4. Big Daddy Hideaway Corp. dba Sweeney’s Lounge;
    5. Kwik Trip, Inc. dba Kwik Star #428;
    6. DOLGENCORP, LLC dba Dollar General #2400
    7. JAGDAMBE, LLC dba Cresco Mart;

STAFF REPORTS: There may be 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. Travis Squires from Piper Sandler to Present the Bids and Make Recommendations for the Sale of Sale of $4,600,000 General Obligation Capital Loan Notes, Series 2023
  2. Resolution Directing Sale of $4,600,000* (Subject to Adjustment per Terms of Offering) General Obligation Capital Loan Notes, Series 2023
  3. Amy Bollman to Request Change in Acceptable Dates for Display Fireworks and Possible Approval of Application for a Permit for Supervised Display of Fireworks
  4. Shain Kroenecke & Dustin Larson to Discuss Annual Renewal of the Industrial Sewer User Wastewater Services Agreement
  5. Resolution Approving Contract and Bond for the 7th Street West Reconstruction
  6. Resolution Naming Depositories
  7. Set Public Hearing for Budget Amendment #3 for Fiscal Year Ending June 30, 2023
  8. Resolution Authorizing Transfer of LOST Funds to the 7th St W Reconstruction Project Fund
  9. Motion to Reschedule the July 3, 2023 Council Meeting Date and Possibly the July 17th Meeting Date
  10. Possible Motion to Close City Hall on Monday July 3, 2023 for Year-End Processing
  11. Discuss the Expiration of the IEDA Community Catalyst & Remediation Grant for the Vernon Springs Brewing Company, LLC and Possible Request for Extension
  12. Review Comprehensive Plan and Discuss Possible Update

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 JUNE 2, 2023.

 

Minutes

Mayor Pro-Tem Bouska called the Cresco City Council meeting to order on June 5, 2023, at 5:30 pm. Council Members Carman, Bouska, Fortune, McConnell, and Kriener were present. No council members were absent.

Carman made the motion to approve the consent agenda which included approval of the: agenda; claims; minutes from May 15, 2023; minutes from May 24, 2023 worksession; Special Class C Retail Alcohol License with outdoor service to Atomic Pizza Pub, LLC dba Atomic Pizza Pub to expand outdoor service area for music events on June 8, 2023 and June 30, 2023; street closing for portions of 2nd Ave W (parking spaces and sidewalk) for Steven Stone/Atomic Pizza Pub to expand their patio for music events on: June 8, 2023, June 30, 2023, July 13, 2023, and August 10, 2023; Tax Abatement under the Urban Revitalization Plan for Chad Nelson & Marsha Headington; Retail Cigarette and Tobacco Permits for: Casey’s General Stores, Inc dba Casey’s General Store #2511, Fareway Stores, Inc dba Fareway Store #815, Aaron & Sheila Wemark dba The Ox & Wren Spirits and Gifts, Big Daddy Hideaway Corp. dba Sweeney’s Lounge, Kwik Trip, Inc dba Kwik Star #428, DOLGENCORP, LLC dba Dollar General #2400, JAGDAMBE, LLC dba Cresco Mart. McConnell seconded and it passed all ayes.

Public Works Director Widell reported: (a) Downtown Crosswalk Reconstruction project will start July 5th. It will be done in five phases by block starting in front of the Courthouse then each block heading north beginning with CUSB, then McGuires, followed by Murphy, Coe & Smith, and finishing with Leutholds. During each phase, traffic will continue in both directions and parking will be allowed on the opposite side. Some street closures will happen when the crosswalks are poured and curing; (b) 7th Street West Reconstruction will begin June 19th with the retention basin at the airport. The next phase will be installing storm sewer on Highway 9 while the State’s detour is still in effect. Construction will then continue north on 7th Street West. The fair will not be affected this year. Updates will be provided when needed; (c) yardwaste is finished for the spring and will resume this fall; (d) the bike trail project is going well and Wicks has started paving.

Police Chief Ruroden submitted the monthly police calls report for May. Accident, animal, harassment, and assault calls are all up. Officers have been busy with several cases.

Deputy Clerk Hill reported: (a) Iowa League of Cities annual conference is September 20-22 in Cedar Rapids; (b) the library had 46 attendees for their morning crafts and five for afternoon tech time. This was a great start to their summer programming.

Mayor Pro-Tem Bouska asked for comments from the audience and there were none. Travis Squires from Piper Sandler presented the true interest rate of the six bids that were received: Robert W. Baird & Co, Inc 3.9617%; Baker Group 3.9834%; Northland Securities, Inc 4.0087%; TD Securities 4.0263%; BOK Financial Securities, Inc 4.0754%; Hilltop Securities 4.1723%. He reported the City’s A+ S&P Rating was affirmed. He recommended accepting the lowest bid from Robert W. Baird. Carman made the motion to approve the resolution directing sale of $4,600,000 par value (purchase price as adjusted to $4,673,770.75) General Obligation Capital Loan Notes, Series 2023 to Robert W. Baird & Co, Inc. Fortune seconded and it passed all ayes.

Amy and Josh Bollman requested a change in acceptable dates to allow display fireworks on July 8, 2023. The display operator is not available the weekend of July 4th. They explained the fire prevention and safety protocols they use when setting the fireworks off. Fortune made the motion to approve display fireworks for July 8, 2023 for Josh & Amy Bollman pending written authorization from Tim Walton. McConnell seconded and it passed all ayes.

Shain Kroenecke from Aveka requested the fines and limits be reviewed prior to approving the annual renewal of the Industrial Sewer User Wastewater Services Agreement. They requested the limits be raised on the selenium and reducing the fines for selenium and pH violations. He stated by leaving the fines and limits that are in place, that it hinders their ability to bring new product to the facility and they want to continue to work with the City. Kriener and McConnell felt that it was too soon to reduce the fines and would look more into it after this year’s contract. If Aveka is complying, the fines and limits shouldn’t have any impact. The City needs to make sure the agreement is adhered to, so the limits and fines control the waste that enters the sanitary sewer system. McConnell made a motion to leave the selenium limits and fines at the current level; leave the pH limits the same, but lower the fine on pH to $1,000 per violation lasting more than 15 consecutive minutes up to 240 minutes and $2,500 per hour for violations lasting more than four hours. Carman seconded. Carman, Bouska, Fortune, and McConnell voted aye. Kriener voted nay. The motion passed by majority vote.

McConnell made the motion to approve the resolution approving contract and bond for the 7th Street West Reconstruction Project. Fortune seconded and it passed all ayes.

Fortune made the motion to approve the resolution naming depositories. Carman seconded and it passed all ayes.

Carman made the motion to set a Public Hearing for June 19, 2023 for Budget Amendment #3 for fiscal year ending June 30, 2023. Bouska seconded and it passed all ayes.

Kriener made the motion to approve the resolution authorizing transfer of LOST funds to the 7th St W Reconstruction Project Fund. Fortune seconded and it passed all ayes.

City Clerk Elton explained the July 3rd meeting will be difficult due to the fiscal year end, payroll processing, and the holiday. Kriener made the motion to change the July council meetings to the second and fourth Mondays on July 10, 2023 and July 24, 2023 due to the 4th of July holiday. McConnell seconded and it passed all ayes.

There was no motion to close City Hall on July 3, 2023 for year-end processing due to the council meeting dates in July being moved.

Elton updated Council on the IEDA Community Catalyst & Remediation Grant for the Vernon Springs Brewing Company, LLC. The grant is expiring on June 14, 2023 and they have not secured funding on the project so no work has been completed. Jason Passmore has been working with the owners and due to the fact that the project has not been started yet it would not be eligible for an extension request. A letter will be sent to IEDA to terminate the grant. Vernon Springs Brewing Company will continue to work with the Chamber in hopes of still opening. Jason thanked Council for attending the recent ribbon cuttings and announced that Grandpad is opening at 104 1st Ave West and more information will be coming on their ribbon cutting.

Elton contacted Upper Explorerland about updating the Comprehensive Plan and they roughly estimated it would cost $20-$25K to complete and the whole process could take up to a year to complete. There is a USDA grant that would be available for a savings of 20%. Upon reading the Comprehensive Plan and Strategic Plan, she felt that the Strategic plan should be updated before the Comprehensive Plan. More information will be gathered on the process and quotes will be obtained for updating both plans.

Carman moved to adjourn at 6:48 pm. Kriener seconded and it passed all ayes. The next regular Cresco City Council meeting will be June 19, 2023, at 5:30 pm at Cresco City Hall.

Mayor Pro-Tem: Amy Bouska

City Clerk: Michelle Elton

 

Additional Notes: Council Meeting Dates

July Council Meeting Dates – the 4th of July is on a Tuesday this year and therefore it has been recommended that the July 3, 2023 Council meeting date be moved since many will utilize the long weekend. Staff’s recommendation is to move both July meetings so they would be the 2nd and 4th Mondays (July 10th and July 24th). Several reasons including:

  1. There are 5 Mondays in July
  2. There will be a 3-week gap from July 17th to August 7th so instead we could utilize the holiday weekend to use that big gap
  3. The end of the fiscal year is June 30th so final reconciliations and close-outs will need to be done on Monday July 3rd
  4. The year end could all be closed prior to entering the invoices for July making the close-out a little cleaner and easier
  5. Most end of the month invoices will not be received in time to be processed by the 3rd or even the 5th
  6. Payroll will also need to be processed on July 3rd and July 5th to be posted to the bank by that Friday
  7. If the meeting is rescheduled for Wednesday July 5th, we will need to close on Monday for yearend processing. If it is scheduled for Monday July 10th we would not have to close the office on July 3rd.

The decision is up to Council. The three options are:

  1. Don’t reschedule and have the meeting on Monday July 3, 2023
  2. Reschedule to Wednesday July 5, 2023
  3. Reschedule to Monday July 10, 2023
    1. Reschedule the second meeting to Monday July 24, 2023

Note: Meetings in August will be August 7th and August 21st.

We will need to reschedule Labor Day September 4th preferably to Weds 9/6/23

Documents

2023 City Council Agendas