City Council Minutes | April 18, 2022

The City Council of the City of New Hampton met in regular session in the Council Chambers at 112 East Spring Street, New Hampton Iowa at 7:00 p.m. Monday, April 18, 2022. The meeting was called to order by Mayor Schwickerath at 7:00 p.m. Council members present were Daly, Denner, Humpal, McDonald, Fisher and Boos. Also in attendance were Zachary Nosbisch, Casey Mai, Tammy Robinson, Rick Kramer, Megan Baltes, Bob Fenske, City Attorney Todd Prichard and over 40 concerned citizens.

Mayor Schwickerath had been requested to remove Item O – Letter of Support for the Airport Grant Application. Moved by McDonald, seconded by Fisher; That the agenda be approved as amended. Ayes – Six. Nays – None. Absent –None. Motion carried.

Moved by Denner, seconded by Boos; That the minutes of the regular council meeting of April 4, 2022, be approved. Ayes – Six. Nays – None. Absent –None. Motion carried.

Moved by Daly, seconded by Humpal; That the claims in the amount of $218,911.50 be approved. Ayes – Six. Nays – None. Absent –None. Motion carried.

7:00 Public Hearing on Proposed Amendment to the New Hampton Urban Renewal Area

The City Council investigated and found that notice of the intention of the Council to conduct a public hearing on the urban renewal plan amendment had been published according to law and as directed by the Council and that this is the time and place at which the Council shall receive oral or written objections from any resident or property owner of the City.

Mayor Schwickerath asked for oral comments. There were none. Mayor Schwickerath asked for written comments. There were none.
Mayor Schwickerath declared the public hearing closed.

Council Member McDonald moved that the Resolution No. 6510 RESOLUTION TO APPROVE URBAN RENEWAL PLAN AMENDMENT FOR THE NEW HAMPTON URBAN RENEWAL AREA, seconded by Council Member Fisher, be approved. Ayes – Daly, Denner, Fisher, Humpal, McDonald, Boos. Nays – None. Absent – None. Resolution adopted.
Council Member McDonald introduced an ordinance entitled “Ordinance No. 888. AN ORDINANCE PROVIDING FOR THE DIVISION OF TAXES LEVIED ON TAXABLE PROPERTY IN THE NEW HAMPTON URBAN RENEWAL AREA, Pursuant to Section 403.19 of the Code of Iowa.” It was moved by Council Member McDonald and seconded by Council Member Boos that the ordinance be adopted. The Mayor put the question on the motion and the roll being called, the following named Council Members voted: Ayes – Daly, Denner, Fisher, Humpal, McDonald, Boos. Nays – None. Absent – None. Motion approved.
Whereupon, the Mayor declared the motion duly carried and declared that the ordinance had been given its initial consideration.
It was moved by Council Member Denner and seconded by Council Member Daly that the statutory rule requiring an ordinance to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended. The Mayor put the question on the motion and the roll being called, the following named Council Members voted: Ayes – Daly, Denner, Fisher, Humpal, McDonald, Boos. Nays – None. Absent – None. Motion approved.
It was moved by Council Member Daly and seconded by Council Member Humpal that the “Ordinance No. 888 AN ORDINANCE PROVIDING FOR THE DIVISION OF TAXES LEVIED ON TAXABLE PROPERTY IN THE NEW HAMPTON URBAN RENEWAL AREA, PURSUANT TO SECTION 403.19 OF THE CODE OF IOWA,” now be put upon its final consideration and adoption. The Mayor put the question on the final consideration and adoption of the ordinance and the roll being called, the following named Council Members voted: Ayes – Daly, Denner, Fisher, Humpal, McDonald, Boos. Nays – None. Absent – None. .
Whereupon, the Mayor declared the motion duly carried and the Ordinance #888 duly adopted.
Council Member McDonald introduced Resolution No. 6511 RESOLUTION SETTING A DATE OF MEETING AT WHICH IT IS PROPOSED TO APPROVE A DEVELOPMENT AGREEMENT WITH MM REAL ESTATE HOLDINGS, LLC, INCLUDING ANNUAL APPROPRIATION TAX INCREMENT PAYMENT, seconded by Council Member Denner, be approved. Ayes – Daly, Denner, Fisher, Humpal, McDonald, Boos. Nays – None. Absent – None. Resolution approved.
Council Member Fisher introduced Resolution No. 6512 RESOLUTION SETTING A DATE OF MEETING AT WHICH IT IS PROPOSED TO APPROVE A DEVELOPMENT AGREEMENT WITH SECURITY STATE BANK, INCLUDING ANNUAL APPROPRIATION TAX INCREMENT PAYMENT, seconded by Council Member Daly, be approved. Ayes – Daly, Denner, Fisher, Humpal, McDonald, Boos. Nays – None. Absent – None. Resolution approved.
Council Member Fisher introduced Resolution No. 6513 RESOLUTION SETTING A DATE OF MEETING AT WHICH IT IS PROPOSED TO APPROVE A DEVELOPMENT AGREEMENT WITH BTR INVESTMENTS, LLC D/B/A IOWA SKIN CARE, INCLUDING ANNUAL APPROPRIATION TAX INCREMENT PAYMENT, seconded by Council Member Humpal be approved. Ayes – Daly, Denner, Fisher, Humpal, McDonald, Boos. Nays – None. Absent – None. Resolution approved.
7:00 PUBLIC HEARING OF THE SOUTH URBAN RENEWAL AREA
The City Council investigated and found that notice of the intention of the City Council to conduct a public hearing on the designation of the South Lake Urban Renewal Area and on an urban renewal plan and projects for the Area had been published according to law and as directed by the Council and that this is the time and place at which the Council shall receive oral or written objections from any resident or property owner of the City.

Mayor Schwickerath asked for oral comments. There were none. Mayor Schwickerath asked for written comments. There were none.
Mayor Schwickerath declared the public hearing closed.

Council Member McDonald moved the adoption Resolution No. 6514 entitled “A RESOLUTION TO DECLARE NECESSITY AND ESTABLISH AN URBAN RENEWAL AREA, PURSUANT TO SECTION 403.4 OF THE CODE OF IOWA AND APPROVE URBAN RENEWAL PLAN AND PROJECTS FOR THE SOUTH LAKE URBAN RENEWAL AREA,” seconded by Council Member Fisher After due consideration, the Mayor put the question on the motion and the roll being called, the following named members of the Council voted: Ayes – Daly, Denner, Fisher, Humpal, McDonald, Boos. Nays – None. Absent – None. Resolution approved.
Council Member Denner introduced the “Ordinance No. 889 AN ORDINANCE PROVIDING FOR THE DIVISION OF TAXES LEVIED ON TAXABLE PROPERTY IN THE SOUTH LAKE URBAN RENEWAL AREA, PURSUANT TO SECTION 403.19 OF THE CODE OF IOWA.” It was moved by Council Member Denner and seconded by Council Member Daly that the ordinance be adopted. The Mayor put the question on the motion and the roll being called, the following named Council Members voted: Ayes – Daly, Denner, Fisher, Humpal, McDonald, Boos. Nays – None. Absent – None. Motion approved.
Whereupon, the Mayor declared the motion duly carried and declared that said ordinance had been given its initial consideration.
It was moved by Council Member Denner and seconded by Council Member Boos that the statutory rule requiring an ordinance to be considered and voted on for passage at two City Council meetings prior to the meeting at which it is to be finally passed be suspended. The Mayor put the question on the motion and the roll being called, the following named Council Members voted: Ayes – Daly, Denner, Fisher, Humpal, McDonald, Boos. Nays – None. Absent – None. Motion approved. Whereupon, the Mayor declared the motion duly carried.
It was moved by Council Member Boos and seconded by Council Member Denner that the ordinance entitled “Ordinance No. 889 AN ORDINANCE PROVIDING FOR THE DIVISION OF TAXES LEVIED ON TAXABLE PROPERTY IN THE SOUTH LAKE URBAN RENEWAL AREA, PURSUANT TO SECTION 403.19 OF THE CODE OF IOWA,” now be put upon its final consideration and adoption. The Mayor put the question on the motion, and the roll being called, the following named Council Members voted: Ayes – Daly, Denner, Fisher, Humpal, McDonald, Boos. Nays – None. Absent – None.
Whereupon, the Mayor declared the motion duly carried and the ordinance #889 duly adopted.
Council Member Denner introduced the Resolution No. 6515 RESOLUTION SETTING A DATE OF MEETING AT WHICH IT IS PROPOSED TO APPROVE A DEVELOPMENT AGREEMENT WITH SOUTH LAKE CONDO ASSOCIATION, L.L.C., INCLUDING ANNUAL APPROPRIATION TAX INCREMENT PAYMENTS and moved its adoption, seconded by Council Member Daly and after due consideration thereof by the City Council, the Mayor put the question upon the adoption of said resolution. Ayes – Daly, Denner, Fisher, Humpal, McDonald, Boos. Nays – None. Absent – None. Resolution adopted.
7:00 PUBLIC HEARING NOTICE OF PROPOSED ACTION TO CONSIDER AND INSTITUTE PROCEEDINGS TO ENTER INTO A LOAN AGREEMENT (GENERAL OBLIGATION DEBT)
Mayor Schwickerath announced now is the time and place fixed for the public hearing for the purpose of considering and instituting proceedings and taking action to enter into a loan agreement (the “Agreement”) and to borrow money there under in a principal amount not to exceed $250,000, for the purpose of paying the cost, to that extent, of completing Phase 3 of the TRIBE Trail in the New Hampton City Limits. The Council investigated and found that the time and the place of the hearing had in accordance with the law and as directed by the City Council been published in the New Hampton Tribune on the 7th day of April 2022 in New Hampton in Chickasaw County.
Mayor Schwickerath asked for oral comments. Council member McDonald explained, to the audience and city council members, a proposal that the Committee As A Whole discussed and voted favorably at an earlier meeting. The proposal included using the American Rescue Plan Act funds that the City of New Hampton has been allocated from the COVID19 pandemic. The funds can be used for any service traditionally provided by the government. The proposed allocation of funds included the following:
$200,000 for TRIBE Trail Phase 3
$200,000 Public Works Infrastructure
$95,000 Community Center Roof Repair
The use of the remaining funds will be determined at a later date. Several residents shared their opinions to the council on how the ARPA funds should be used, how the TRIBE Trail should be funded and how the public works infrastructure needs immediate attention.
Mayor Schwickerath asked for written comments. There were none.
Mayor Schwickerath declared the hearing closed.

It was moved by Council Member Humpal and seconded by Council Member Fisher that the ARPA funds be distributed to the following: $200,000 for TRIBE Trail Phase 3, $95,000 for the Community Center Roof and the remaining balance of funds to be determined at a later date after additional council discussion takes place. The Mayor put the question on the motion and the roll being called, the following named Council Members voted: Ayes – Fisher, Humpal, Nays – Daly, Denner, McDonald, Boos. Absent – None. Motion failed.
It was moved by Council Member McDonald and seconded by Council Member Boos that the ARPA funds are distributed to the following: $200,000 for TRIBE Trail Phase 3, $200,000 for Public Works Infrastructure, $95,000 for the Community Center Roof and the remaining balance of funds to be determined at a later date. The Mayor put the question on the motion and the roll being called, the following named Council Members voted: Ayes – Daly, Denner, McDonald, Boos. Nays – Fisher and Humpal. Absent – None. Motion carried.
Jason Speltz with the New Horizons Chamber requested street closings for July 29, 2022, the day RAGBRAI will be in New Hampton. Moved by Denner, seconded by Boos, That the closure of Walnut Avenue, Chestnut Avenue and Locust Avenue one block north and south of Main Street (to the alleys) on July 29, 2022 for RAGBRAI, be approved. Ayes – Six. Nays – None. Absent – None. Motion Carried.
Jason Speltz with the New Horizons Chamber informed the council he has not received complete bids to repair the building at 13/15 West Main Street. Once he receives the bids, he will present them to the council.

Moved by Boos, Seconded by Fisher; To approve the Permit for Fireworks Display for the New Horizons Chamber for Heartland Days on June 10, 2022 (rain date of June 11, 2022), be approved. Ayes – Six. Nays – None. Absent – None. Motion Carried.
Moved by McDonald, Seconded by Boos; That Chip & Darlene Schwickerath, the owners of the property at 520 West Spring Street, be allowed to remove the existing sidewalk and sign the sidewalk agreement for replacement of the sidewalk, within 2 years from the date of the agreement. Ayes – Six. Nays – None. Absent – None. Motion Carried. City Attorney Prichard will prepare the conditional sidewalk agreement.
The organization “Their Fight is Our Fight” is having their fundraising 5K on Friday, April 29, 2022 and has already received council approval for the event. For the safety of their runners, they are also requesting the closing of the north entrance to Mikkelson Park from 5:30 pm – 7:00 pm. Moved by Denner, Seconded by Humpal; That the North entrance to Mikkelson Park be closed from 5:30 pm to 7:00 pm on Friday, April 29th and a ‘no entrance’ signed be placed at the intersection of 4th Street and East Spring, 2022, be approved. Ayes – Six. Nays – None. Absent – None. Motion Carried.

Councilmember Boos has not received a response from Jendro Sanitation regarding the temporary fuel charge. City Clerk Karen Clemens will contract Jendro Sanitation.

Moved by McDonald, seconded by Denner; That the finance reports for March 2022 be accepted and place on file. Ayes – Six. Nays – None. Absent – None. Motion carried.

FUND RECEIVED DISBURSED

GENERAL $60,368.38 $426,204.72
ROAD USE TAX $26,340.63 $57,176.42
SPECIAL REV/EMPLOYEE BEN $316,017.45 $36,408.16
LOCAL OPTION TAX $73,961.00 $0.00
HOTEL/ MOTEL TAX $11,320.54 $3,773.51
HOTEL/ MOTEL TAX CAP RES $3,773.51 $0.00
TIF- INDUSTRIAL & COMMERCIAL $959.16 $0.00
TIF COMM PROJECT $0.00 $0.00
HOUSING REHAB. GRANT $0.00 $0.00
SPECIAL REVENUE- GRANTS $56.00 $0.00
DEBT SERVICE $1,411.81 $0.00
LIBRARY SPECIAL PROJECTS $93.75 $0.00
COMM CENTER RENOVATION $118.00 $614.00
ROADS CAPITAL PROJECTS $11,329.64 $11.13
STORMWATER CAPITAL PROJECTS $6,627.05 $5.57
CAPITAL PROJECTS $73,147.41 $1,219.45
WATER UTILITY $54,251.02 $20,965.29
SEWER UTILITY $98,270.48 $168,137.43
WASTEWATER PROJECT $1,965.00 $1,965.00
SOLID WASTE $15,099.86 $11,576.20
INDUSTRIAL PARK DEVEL. $0.00 $0.00
CAPITAL PROJECTS-WATER $5,551.40 $5.57
CAPITAL PROJECTS-SEWER $5,562.43 $5.57
CAPITAL PROJECTS-SANITARY SR $0.00 $0.00
CUSTOMER DEPOSITS $1,471.00 $2,213.00
TRUST & AGENCY $45.00 $0.00
TOTAL $767,740.52 $730,281.02

Moved by Daly, seconded by Humpal; That the following minutes and correspondence be accepted and place on file. Ayes – Six. Nays – None. Absent – None. Motion carried.

P & Z Minutes of 4-12-2022
Mediacom Participation in the Affordable Connectivity Program
Fire Department Minutes of April 4, 2022
Department Head Minutes of April 6, 2022
Park & Rec Minutes of April 6, 2022

Councilmember Fisher informed the council that she has received two complaint letters from the property owners at 16 North Elm Ave. During the recent months the utilities have placed 3 green electric containers in the right-of-way adjacent to their property. The property owners are concerned these containers reduce the value of their home. Fisher shared with the resident that the ROW can be used for those purposes without adjoining property owner permission.

Moved by Denner, seconded by Boos; that the meeting adjourn at 8:36 p.m. Ayes – Six. Nays – None. Absent – None. Motion carried.