Posted: December 6, 2022 | Updated: August 24, 2023
NOTICE AND CALL OF PUBLIC MEETING
GOVERNMENTAL BODY: THE CITY COUNCIL OF CRESCO, IOWA
DATE OF MEETING: DECEMBER 14, 2022
TIME AND PLACE OF MEETING: 5:15 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
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:
- Consider Motion to go into CLOSED SESSION pursuant to Iowa Code 21.5(1)(c) to Discuss Strategy with Counsel Regarding Potential Litigation
- Consider any Further Action on Hawkeye Sanitation Contract and Hauler
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 DECEMBER 6, 2022.
Mayor Brenno called the Cresco City Council special meeting to order on December 14, 2022, at 5:15 pm. Council Members Kriener, McConnell, Fortune, Bouska, and Carman were present. No council members were absent.
Bouska made the motion to go into closed session at 5:15 pm pursuant to Iowa Code 21.5 (1) (c) to discuss strategy with counsel regarding potential litigation. Kriener seconded and it passed all ayes.
Carman made the motion to go back into open session at 6:05 pm. Kriener seconded and it passed all ayes. No formal action was taken during the closed session.
City Attorney John Anderson, on behalf of the City Council, addressed Hawkeye Sanitation (“Hawkeye”) owner Ross Merritt and Attorney Paul Gamez regarding proposed changes to the current agreement. Attorney Anderson pointed out that Hawkeye did not follow the contract when they unilaterally increased rates without following the contract’s requirement for Heavy Commercial (dumpsters) Customers that “Fees for recyclable and non-recyclable waste shall be negotiated between Hauler and the commercial user and billed by the City.” Hawkeye took over the billing from the City and then implemented rate increases without negotiating with the customers. The City was not aware that the rate increases had been done until after the businesses received their higher bills and contacted the City with concerns. Council does not feel comfortable approving a rate schedule for the heavy commercial garbage collection since that was supposed to be done directly between the commercial customer and Hawkeye. Attorney Gamez stated they want to go to uniform billing and thought the Council had agreed to that. Their proposal was to change the rates and charge a set fee for the size of dumpster per cubic yard and frequency per pickup. The proposed change would decrease the rate an average of 30%; however, Council was still concerned with a number of the increases over the original January 2022 rates still being substantial. Based on the discussions and clarification of proposed rates, the Council felt they needed to discuss this further and come up with a counter-proposal.
Bouska made the motion to go into closed session at 7:33 pm pursuant to Iowa Code 21.5 (1) (c) to discuss strategy with counsel regarding potential litigation. McConnell seconded and it passed all ayes.
Carman made the motion to go back into open session at 8:27 pm. McConnell seconded and it passed all ayes. No formal action was taken during the closed session.
Council offered two options for Hawkeye to consider. Hawkeye will consider the options and will contact the City as soon as possible with their decision.
Bouska moved to adjourn the Council Meeting at 8:37 pm. Carman seconded and it passed all ayes. The next regular Cresco City Council meeting will be December 19, 2022, at 5:30 pm at Cresco City Hall.
Mayor: David J. Brenno
City Clerk Michelle Elton