City Council Minutes | August 3, 2020

City Council
COUNCIL CHAMBERS
Monday
August 3, 2020 7:00 pm

 

The City Council of the City of New Hampton met in regular session in the Council Chambers on Monday, August 3, 2020 at 7:00 p.m.

The meeting was called to order by Mayor Schwickerath at 7:00 p.m. Council members present were Perkins, Boos, Denner, Kuhn, McDonald. Diiro was absent. Also in attendance were Zachary Nosbisch, Tammy Robinson, Tim Angell, Megan Baltes, Jr Mai, Rick Kramer, Jeff Bernatz, Representatives from Mobotrex, Brian Quirk and City Attorney Kevin Kennedy.

Moved by Perkins, seconded by Boos; The agenda be approved as presented. Ayes- Five. Nays – None. Absent – Diiro. Motion carried.

Moved by Kuhn, seconded by McDonald; That the minutes of the July 20, 2020 regular Council meeting and July 27, 2020 special council meeting, be approved. Ayes- Five. Nays – None. Absent – Diiro. Motion carried.
Moved by Kuhn, seconded by Perkins; That claims in the amount of $197,849.61 be approved. Ayes- Five. Nays – None. Absent – Diiro. Motion carried.

Mobotrex Representatives presented a proposal to the council for a maintenance agreement for the seven traffic lights. Light Plant General Manager Brian Quirk shared his observation that some of the parts are at the end of their life cycle and repair components are obsolete. Moved by Kuhn, seconded by Perkins; That the City of New Hampton enter into a Preventative Maintenance Agreement, for one year, with Mobotrex for an annual fee of $3,150, be approved. Ayes – Five. Nays – None. Absent – Diiro. Motion carried.

New Hampton resident Michelle Tindell, resides at 301 North Foley and would like to start a home daycare business. According to the Zoning Ordinance, a new home occupation request needs approval from the City Council. Moved by McDonald, seconded by Boos; That the request of Michelle Tindell, 301 North Foley Ave, to open a home daycare business, be approved. Ayes – Five. Nays – None. Absent – Diiro. Motion carried.

TRIBE Trail committee members, Megan Baltes and Rick Kramer, request the city council approve the Statement of Completion and Final Acceptance of work for Phase II of the TRIBE Trail so they will be reimbursed the retainage from the State of Iowa grant. Moved by Perkins, seconded by Kuhn; That Resolution No. 6439 TO APPROVE THE STATEMENT OF COMPLETION AND FINAL ACCEPTANCE OF WORK FOR THE TRIBE TRAIL PHASE II, be approved. Ayes – Five. Nays – None. Absent – Diiro. Resolution approved.

TRIBE Trail committee members, Megan Baltes and Rick Kramer, requested the city council approve Payment #3 for $1,818.75 and Payment #4 $13,538.55 for the final payments of Phase II of the TRIBE Trail. Payment #4 will be held for 30 days after the Statement of Completion is finalized. Moved by Perkins, seconded by McDonald; That Resolution No. 6440 A RESOLUTION APPROVING THE APPLICATION FOR PAYMENT 3 IN THE AMOUNT OF $1,818.75 AND PAYMENT NO. 4 FOR THE RETAINAGE IN THE AMOUNT OF $13,538.55 TO CROELL, INC., be approved. Ayes – Perkins, Boos, Denner, Kuhn, McDonald. Nays – None. Absent – Diiro. Resolution approved.

Moved by McDonald, seconded by Denner; That Resolution No. 6441 A RESOLUTION APPROVING THE SECTION 125 PREMIUM ONLY PLAN FOR THE EMPLOYEE SHARE OF THE HEATH INSURANCE PREMIUM, FOR PLAN YEAR ENDING SEPTEMBER 30, 2021, be approved. Ayes – Perkins, Boos, Denner, Diiro, Kuhn, McDonald. Nays – None. Absent – Diiro. Resolution approved.

City Clerk Karen Clemens presented information to the council regarding the implementation of a Health Reimbursement Arrangement (HRA) for City of New Hampton retirees. The current Union Agreement allows a retiree to apply 50% of their accumulated sick leave toward payment of employee’s premium to maintain health insurance coverage. The HRA fund will allow a tax-free employer contribution that will allow retirees to use the funds for medical expenses other than premiums for the City of New Hampton’s health insurance policy. Moved by Boos, seconded by Kuhn; To authorize City Clerk Karen Clemens to start a Health Reimbursement Arrangement (HRA) as a benefit for the City of New Hampton retirees, be approved. Ayes – Four. Nays – Denner. Absent – Diiro. Motion carried.

Mayor Schwickerath shared with council about the water drainage issue with the NHCSD near Western Ave. The NHCSD chose not to contribute to the proposed engineered water drainage analysis but they are planning on adding to the existing berm to minimize water issues to residential structures.

Moved by Denner, seconded by Perkins; To accept the resignation of Ed Conway from the Cemetery Board, be approved. Ayes – Five. Nays – None. Absent – Diiro. Motion carried.

Moved by McDonald, seconded by Boos; To appoint Jane Kraft to fill the unexpired term on the Cemetery Board, effective August 4, 2020 thru July 1, 2023, be approved. Ayes – Five. Nays – None. Absent – Diiro. Motion carried.

City attorney Kevin Kennedy reported to the council that the Use Exception application of National Renewal Solutions for a solar energy farm was approved at the Board of Adjustment meeting. Matthew Stokes also appealed to the Board of Adjustment for a variance to build a shed with materials unlike those of the primary residence, he was granted a variance.

The Chickasaw Ambulance Council (CAC) has requested the cities of Chickasaw County, who are members of the 28E AGREEMENT, to discuss issues surrounding the 28E Agreement and Iowa Code Section 422D regarding the future financing issues for the ambulance service in Chickasaw County. There is pending litigation regarding the existing ambulance contract with Chickasaw County Board of Supervisors and the City of New Hampton.

Moved by Perkins, Seconded by Denner; That the council go into a closed session pursuant to Iowa Code Section 21.5(1)(c), which provides: To discuss strategy with counsel in matters that are presently in litigation or where litigation is imminent where its disclosure would be likely to prejudice or disadvantage the position of the governmental body in that litigation. Ayes – Perkins, Boos, Denner, Diiro, Kuhn, McDonald. Nays – None. Absent – Diiro. Motion carried.

The Council entered closed session at 7:33 pm

The Council resumed open session at 8:03 pm.

Moved by Kuhn, seconded by McDonald; To direct City Attorney Kevin Kennedy to deliver a letter regarding Emergency Medical Services to the Chickasaw County Auditor for the Board of Supervisors. The City Council requests the Board of Supervisors to seek voter approval of taxes to be used for emergency medical services. If the voters approve funding for EMS, all the government entities in the County may then determine whether a revised ambulance council agreement is appropriate. If such an amended agreement is not approved, each governmental entity within the County should receive and expend funds for emergency services from the trust fund created in proportion to the entity’s share of the overall county population. Ayes – Perkins, Boos, Denner, Kuhn, McDonald. Nays – None. Absent – Diiro. Motion carried

Moved by Kuhn, seconded by Perkins; That the following be accepted and placed on file.

  1. New Laws of Interest, Iowa League of Cities, July 2020

Ayes – Five. Nays – None. Absent – Diiro. Motion carried.

Moved by Boos, seconded by Perkins; That the meeting adjourn at 8:05 p.m. Ayes- Five. Nays-None. Absent – Diiro. Motion carried.

 

 

ATTEST: KAREN CLEMENS, CMC, City Clerk

ROBERT SCHWICKERATH, Mayor