September 7, 2022

Posted: September 6, 2022 | Updated: August 24, 2023

AGENDA

NOTICE AND CALL OF PUBLIC MEETING

 

GOVERNMENTAL BODY:                         THE CITY COUNCIL OF CRESCO, IOWA

DATE OF MEETING:                                   SEPTEMBER 7, 2022

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:  KRIENER, McCONNELL, FORTUNE, BOUSKA, CARMAN

 

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 August 15, 2022
  4. Approval of Minutes from August 15, 2022 Worksession
  5. Approval of Street Closing Permit for a Portion of 2nd Ave West and City Parking Lot for the Movie Night Fundrasier for the Cresco Police Department on September 17, 2022
  6. Approval of Parade Permit for Portions of Schroder Drive, 3rd Ave East, and North Elm Street for the Homecoming Parade on September 23, 2022
  7. Approval of Pay Request #1 for $117,686.17 from Heartland Asphalt for the Pickleball Court Project

 

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. Public Hearing to Amend Chapter 75 in the City of Cresco Code of Ordinances Pertaining to All-Terrain Vehicles and Snowmobiles
  2. Second Reading of Summary of Proposed Ordinance #498 to Amend Chapter 75 in the City of Cresco Code of Ordinances Pertaining to All-Terrain Vehicles and Snowmobiles
  3. Resolution Waiving the Third Reading and Consideration of Ordinance Number 498 Pertaining to All-Terrain Vehicles and Snowmobiles
  4. Approval of Ordinance #498 Pertaining to All-Terrain Vehicles and Snowmobiles
  5. Public Hearing to Amend Chapter 74 in the City of Cresco Code of Ordinances Pertaining to Golf Carts and UTVs
  6. First Reading of Summary of Proposed Ordinance #499 to Amend Chapter 74 in the City of Cresco Code of Ordinances Pertaining to Golf Carts and UTVs
  7. Resolution Waiving the Second and Third Readings and Consideration of Ordinance Number 499 Pertaining to Golf Carts and UTVs
  8. Approval of Ordinance #499 Pertaining to Golf Carts and UTVs
  9. Public Hearing to Amend Chapter 41 in the City of Cresco Code of Ordinances Pertaining to Sale of Fireworks
  10. Second Reading of Proposed Ordinance #500 to Amend Chapter 41 in the City of Cresco Code of Ordinances Pertaining to Sale of Fireworks
  11. Resolution Waiving the Third Reading and Consideration of Ordinance Number 500 Pertaining to Sale of Fireworks
  12. Approval of Ordinance #500 Pertaining to Sale of Fireworks
  13. Request for Sewer Adjustment for Water not Entering the Sanitary Sewer System from Serapio Hernandez del Angel
  14. Request for Sewer Adjustment for Water not Entering the Sanitary Sewer System from Glen Dillon
  15. Resolution Approving the Street Finance Report
  16. Motion to Set Public Hearing to Amend the Budget for Fiscal Year Ending June 30, 2023
  17. Resolution Authorizing Transfer of Funds for Donations to the Park Trust Fund
  18. Resolution Accepting the Annual Urban Renewal Report of the City of Cresco, Iowa for the Fiscal Year 2021-2022 and Directing the City Clerk to File the Report with the State of Iowa Department of Management
  19. Resolution Authorizing the Mayor and City Clerk to Enter into an Agreement and Easement for Waterway Maintenance with Madonna R. Burgess and Kenneth Burgess
  20. Discuss Late Payment Penalties Collected for Garbage and Recycling
  21. Discuss Solid Waste Collection for Dumpsters
  22. Appoint Members to the Personnel Advisory Committee
  23. Discuss City Hall Vacant Position
  24. Possible Motion to go into CLOSED SESSION pursuant to Iowa Code 21.5 (1) (i) to Discuss Applicants if Requested

 

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 SEPTEMBER 6, 2022.

MINUTES

Mayor Brenno called the Cresco City Council meeting to order on September 7, 2022, at 5:30 pm. Council Members Kriener, McConnell, Fortune, and Carman were present. Bouska attended via Zoom. No council members were absent.

Carman made the motion to approve the consent agenda which included approval of the: agenda; claims; minutes from August 15, 2022 meeting and worksession; Street Closing Permit for a portion of 2nd Avenue West and City parking lot for the outdoor movie night fundraiser for the Cresco Police Department on September 17, 2022; Parade Permit for portions of Schroder Drive, 3rd Ave East, and North Elm Street for the Homecoming Parade on September 23, 2022; pay request #1 for $117,686.17 to Heartland Asphalt, Inc for the Pickleball Court Project. McConnell seconded and it passed all ayes.

Public Works Director Widell reported: (a) there has been a lot of debris dumped out at the yardwaste. A reminder that only yardwaste is acceptable which includes trees, leaves, grass clippings, branches, and shrubbery. It is illegal to dump anything else out there; (b) a tuckpointing company is working on a quote for two buildings at the wastewater treatment plant. The blower building will not be able to be tuckpointed because the brick is more porous than the mortar. They will provide other options other than tuckpointing that may be done; (c) a watermain leak on 4th Street West was repaired; (d) Reicks Landscaping has been working on the budgeted landscaping project at City Hall.

Police Chief Ruroden presented the August police report. Both officers are doing well at the Academy.

City Clerk Elton reported: (a) NEIRHTF meeting September 29th in Decorah; (b) CIP worksheets were handed out to Department Heads and are due September 20th; (c) insurance renewal will be here next week; (d) Public Works Committee met with Daren and Scott from WHKS to review and answer questions for the 7th Street and Downtown Crosswalk assessment projects. Ahlers & Cooney will do the attorney review before presenting to Council; (e) the Pickleball project is pretty well done except some minor items before the retainage is paid. There were 25 pickleball players using the courts on Monday morning. The City is contributing $30,000 of Local Option Sales Tax and they have brought in $80,000 in donations plus more pledges. This should pay for the project and hopefully enough to upgrade the lights, install benches, and build a small storage shed for their supplies.

Bouska reported the Howard County Economic Development met and Good Times will need to postpone their opening until early next year due to the fire. Ambulance service is now working in Elma. ISU Extension is doing a lot of work with youth mental health. Regional Health will be getting a permanent MRI truck and will also be getting a PET scanner for their oncology department.

Library Director Moore reported the summer Library programs are done for this year. Participation was less than hoped for but the animal exhibition was well attended. Due to survey responses, hours have been extended on Wednesday nights until 8 pm. She is reviewing fines income and looking for new revenue sources. She will attend the Iowa Library Association next week. The Library Foundation approved $1,000 to expand the nonfiction collection. Staff has been fixing cataloging issues. This month is Library Card Sign-up Month so she encouraged everyone to sign up for new cards. They are applying for two grants. September 18-24 is “Banned Books Week” so they are highlighting that controversial issue. There has been a 300% increase in challenges of material in the U.S. over the past year. Working on new adult programming and the annual survey.

Mayor Brenno asked for comments from the audience and there were none.

Mayor Brenno opened the Public Hearing to amend Chapter 75 in the City of Cresco Code of Ordinances pertaining to all-terrain vehicles and snowmobiles.  There were no oral or written comments and the public hearing was closed. Mayor Brenno performed the second reading of the summary of proposed Ordinance #498. Carman made the motion to approve the second reading. McConnell seconded and it passed all ayes.

Carman made the motion to approve the resolution waiving the third reading and consideration of Ordinance #498 pertaining to all-terrain vehicles and snowmobiles. McConnell seconded and it passed all ayes.

Carman made the motion to approve Ordinance #498 pertaining to all-terrain vehicles and snowmobiles. McConnell seconded and it passed all ayes.

Mayor Brenno reported that he was approached by residents questioning the City’s requirement for headlamps on UTVs but then only allowing them to be operated after sunrise and before sunset. The headlamp requirement was a new requirement in Iowa Code 321.387. Discussion was held whether or not to allow UTVs to operate after dark or before sunrise due to the number of people driving them to work. Carman made the motion to allow UTV’s to be operated anytime. Kriener seconded and McConnell, Carman, Fortune, and Kriener voted aye. Bouska vote nay. It passed by majority vote.

Mayor Brenno opened the Public Hearing to amend Chapter 74 in the City of Cresco Code of Ordinances pertaining to golf carts and Utility Trail Vehicles (“UTVs”).  There were no oral or written comments and the public hearing was closed. Mayor Brenno performed the first reading of the summary of proposed Ordinance #499. Carman made the motion to approve the first reading. Fortune seconded and Kriener, McConnell, Fortune, and Carman voted aye. Bouska vote nay. It passed by majority vote.

Carman made the motion to approve the resolution waiving the second and third readings and consideration of Ordinance #499 pertaining to golf carts and UTVs. McConnell seconded and Carman, McConnell, Kriener, and Fortune voted aye. Bouska vote nay. It passed by majority vote.

Carman made the motion to approve Ordinance #499 pertaining to golf carts and UTVs. Fortune seconded and Fortune, Kriener, Carman, and McConnell voted aye. Bouska vote nay. It passed by majority vote.

Mayor Brenno opened the Public Hearing to amend Chapter 41 in the City of Cresco Code of Ordinances pertaining to sale of fireworks.  There were no oral or written comments and the public hearing was closed. Mayor Brenno performed the second reading of proposed Ordinance #500. Carman made the motion to approve the second reading. McConnell seconded and it passed all ayes.

Carman made the motion to approve the resolution waiving the third reading and consideration of Ordinance #500 pertaining to sale of fireworks. McConnell seconded and it passed all ayes.

Carman made the motion to approve Ordinance #500 pertaining to sale of fireworks. Kriener seconded and it passed all ayes.

Kriener made the motion to approve a sewer adjustment of $320.72 for water not entering the sanitary sewer system from Serapio Hernandez del Angel due to an outside leak on his trailer that was verified by City staff. McConnell seconded and it passed all ayes.

Carman made the motion to deny a sewer adjustment request from Glen Dillon because the cause was not definitively identified by the owner nor verified by City staff. McConnell seconded and it passed all ayes.

Bouska made the motion to approve the resolution approving the Street Finance Report. Fortune seconded and it passed all ayes.

Carman made the motion to set a Public Hearing for September 19, 2022 to amend the budget for fiscal year ending June 30, 2023. McConnell seconded and it passed all ayes.

Carman made the motion to approve a resolution authorizing transfer of funds for donations to the Park Trust Fund for $5,000 from the Fitness Center Trust Fund. Kriener seconded and it passed all ayes.

Bouska made the motion to approve the resolution accepting the Annual Urban Renewal Report of the City of Cresco, Iowa for the fiscal year 2021-2022 and directing the City Clerk to file the report with the State of Iowa Department of Management. Carman seconded and it passed all ayes.

Carman made the motion to approve the resolution authorizing the Mayor and City Clerk to enter into an Agreement and Easement for Waterway Maintenance with Madonna R. Burgess and Kenneth Burgess. Fortune seconded and it passed all ayes.

Council discussed the late-payment penalties collected in the past for garbage and recycling fees. Fortune made the motion to pay Hawkeye Sanitation $63,677.36 collected over the past ten years. Carman seconded and it passed all ayes.

Discussion was held regarding solid waste collection for dumpsters. The Mayor and Council received numerous complaints regarding rate increases for dumpsters in the past few months made by Hawkeye Sanitation. Several Council members met with the owners of Hawkeye Sanitation and requested that they personally contact all businesses that had big price increases.  Carman made the motion to create a permit process for the Council to approve and authorize solid waste collectors to service commercial properties utilizing dumpsters. Fortune seconded and Fortune, Kriener, Carman, and McConnell voted aye. Bouska vote nay. It passed by majority vote.

Carman made the motion to appoint David Brenno, Richard McConnell, and Gary Kriener to the Personnel Advisory Committee for advisory purposes only. Fortune seconded and it passed all ayes.

Following the resignation of Sharon Bordwell, interviews were conducted after an internal posting of the Deputy Clerk vacancy. Kriener made the motion to authorize the Mayor to enter into an Offer of Employment to promote Niki Hill to the Deputy Clerk position effective September 8, 2022. McConnell seconded and it passed all ayes. The Utility Billing Clerk position will be posted and advertised this week.

Carman moved to adjourn at 6:24 pm. Kriener seconded and it passed all ayes. The next regular Cresco City Council meeting will be September 19, 2022, at 5:30 pm at Cresco City Hall.

Mayor: David J. Brenno
City Clerk: Michelle Elton

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Documents

2022 City Council Agendas, Minutes