City Council Minutes | December 5, 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, December 5, 2022. The meeting was called to order by Mayor Schwickerath at 7:00 p.m. Council members present were McDonald, Speltz, Daly and Humpal. Fisher & Denner were absent. Also in attendance were Casey Mai, Tammy Robinson, Logan & Kayla Smith, Kevin Kennedy & Steve McDonald of South Water Apts LLC, several NHHS students and city attorney Todd Prichard

Moved by Daly, seconded by McDonald; that the consent agenda be approved as presented. Ayes – Four. Nays – None. Absent – Denner & Fisher. Motion carried.

1. Approve meeting agenda
2. Approve City Council Minutes of November 21, 2022
3. Approve City Claims of $3,209,197.75 ($3 Million for CD Purchases)
4. Approve and place on file Fire Department Minutes of November 14, 2022

Mayor Schwickerath announced now is the time and place fixed for the public hearing on the proposed Budget Amendment #1 for the fiscal year beginning July 1, 2022 and ending June 30, 2023. 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 24th day of November 2022 in New Hampton in the County of Chickasaw.
Mayor Schwickerath asked for oral comments. There were none. Mayor Schwickerath asked for written comments. There were none.

Mayor Schwickerath declared the hearing closed.

Moved by Speltz; seconded by Humpal; That Resolution No. 6545 A RESOLUTION APPROVING THE BUDGET AMENDMENT #1 FOR THE CITY’S FISCAL YEAR 2022-2023 BUDGET, be approved. Ayes – McDonald, Speltz, Daly, Humpal. Nays – None. Absent- Denner & Fisher. Resolution approved.

Economic Development Director Tammy Robinson explained that the property owners at 209 South 1st Avenue, Jen and Wade Waddell, have purchased 871 SF of property from Melrose Woods, LLC. The Waddell’s are requesting to combine this small strip of land with their existing lot prior to placing the property for sale. However, this small strip of land is in a TIF District and cannot be combined with any other property unless the TIF designation is removed. The council can terminate the TIF district which will allow the two parcels to be combined. Moved by McDonald, seconded by Humpal; That Resolution No 6546 Resolution Terminating the Melrose East Urban Renewal Area Plan and Ending the Melrose East Urban Renewal Area, be approved. Ayes – McDonald, Speltz, Daly, Humpal. Nays-None. Absent – Denner & Fisher. Resolution approved.

Moved by Daly, seconded by Speltz; That An Ordinance Repealing Ordinance No. 777 Providing for the Division of Taxes Levied on Taxable Property in the Melrose East Urban Renewal Area received its first consideration, be approved. Ayes – McDonald, Speltz, Daly, Humpal Nays-None. Absent – Denner & Fisher. Motion carried.

Item G., the request to waive the statutory requirement, will be discussed later in the meeting after an additional council member arrives.

Chief Nosbisch has offered the police officer position to Austin Hageman. Austin’s first day of work is December 12th. Nosbisch will introduce Austin and have the swearing in ceremony during the December 19th city council meeting. Moved by Speltz, seconded by Daly; That Resolution No. 6547 A RESOLUTION HIRING AUSTIN HAGEMAN AS POLICE OFFICER FOR THE NEW HAMPTON POLICE DEPARTMENT EFFECTIVE DECEMBER 12TH, 2022 AT $23.83 PER HOUR, be approved. Ayes – McDonald, Speltz, Daly, Humpal. Nays-None. Absent – Denner & Fisher. Resolution approved.

Attorney Kevin Kennedy and Steve McDonald, representatives for South Water Apartments LLC requested City Council input on the storm water management concerns which Public Works Director Casey Mai has brought to their attention. Mai is requesting the construction staff for the 12 unit apartment building at the intersection of South Water Avenue and East Hamilton mitigate all storm water runoff. Mai specifically identified his concern on the approved building permit as item 8. All Storm water runoff shall be mitigated on property. Mai acknowledges that the City’s storm water lines are smaller than what is necessary to management storm water in heavier rain events. Kennedy and McDonald would like to directly hook up the storm water lines to the city’s lines, which is part of their mitigation plan. Kennedy also pointed out that the City of New Hampton already has a storm water easement on this property.

Councilmember Fisher arrived at 7:21 pm.

City Attorney Prichard also stated that this increase of storm water will be a strain on city infrastructure. Mai has requested the contractor mitigate water by adding a dry well, swale or retention basin to mitigate the influx of water, Mai agrees to allow the excess storm water flow into city’s lines. After a lengthy discussion, both parties agreed to set a meeting to discuss the solution and have both parties possibly cost share.

Mayor Schwickerath requested to revisit item G.

It was moved by Council Member Fisher and seconded by Council Member Speltz that the statutory rule requiring said 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. Ayes – Five. Nays – None. Absent – Denner. Motion carried. Whereupon, the Mayor declared the motion duly carried.
It was moved by Council Member Fisher and seconded by Council Member Speltz that the aforementioned ordinance be given its final consideration and that it be adopted. Ayes – McDonald, Speltz, Daly, Fisher, Humpal. Nays-None. Absent – Denner. Whereupon, the Mayor declared the motion duly carried and Ordinance # 891 duly adopted.

Chickasaw County Ambulance Council (CCAC) has requested the cancellation of the lease for garage space since the CCAC will no longer exist as of January 1, 2023. Moved by McDonald, seconded by Daly; To accept the garage lease termination letter, without penalties, from the Chickasaw County Ambulance Council effective December 31, 2022 at 23:59:59, be approved. Ayes – Five. Nays – None. Absent – Denner. Motion carried.

The Chickasaw County EMS is requesting approval of a garage lease effective January 1, 2023. The EMS department will be installing security cameras to protect the large array of medications/drugs that are stored on the rigs. Moved by Humpal, seconded by Fisher; That Resolution No. 6548 A RESOLUTION APPROVING A LEASE AGREEMENT BETWEEN THE CITY OF NEW HAMPTON AND THE CHICKASAW COUNTY EMS EFFECTIVE JANUARY 1, 2023, be approved. Ayes – McDonald, Speltz, Daly, Fisher, Humpal. Nays-None. Absent – Denner. Resolution Approved.

The Chickasaw County EMS is also requesting approval of a garage lease effective December 6, 2022 through December 31, 2022. The EMS department needs a temperature controlled location for the new rigs after delivery is received. The City of New Hampton is offering garage space for the rigs until January 1, 2023. The rental fee for this 26 day agreement is $1.00. Moved by McDonald, seconded by Daly; That Resolution No. 6549 A RESOLUTION APPROVING A LEASE AGREEMENT BETWEEN THE CITY OF NEW HAMPTON AND THE CHICKASAW COUNTY EMS EFFECTIVE December 6 – 31, 2022, be approved. Ayes – McDonald, Speltz, Daly, Fisher, Humpal. Nays-None. Absent – Denner. Resolution Approved.

Fire Chief Toby Schwickerath is requesting approval of the New Hampton Fire Department wages for hours worked from December 1, 2021 through November 30, 2022. The fire department’s budget included a $2.00 hourly increase in pay bringing their hourly rate to $17.00 per hour. Total requested payroll is $51,637.00 Moved by McDonald, seconded by Fisher; To table the issue of Fire Department payroll until the December 19th city council meeting. Ayes – Five. Nays – None. Absent – Denner. Motion carried. Council members will reach out to Schwickerath to discuss the issue prior to the next council meeting.
Kayla & Logan Smith has purchased the property at 610 East Main Street and has requested to purchase the lot on North Please Hill which adjoins their property (Parcel # 19-10-07-1-26-408). Their intent is to allow delivery trucks access to their home without complicating any Main Street traffic. The Council needs to determine if the property is no longer a public benefit and put the land up for sale, with a minimum bid and hold a public hearing. Moved by Fisher, seconded by Daly That RESOLUTION #6550 SETTING DATE OF PUBLIC HEARING FOR DECEMBER 19, 2022 AT 7:00 PM TO HEAR CITIZEN COMMENTS REGARDING THE SALE OF CITY PROPERTY, WITH A MINIMUM BID OF $2,500.00 be approved. Ayes – McDonald, Speltz, Daly, Fisher, Humpal. Nays-None. Absent – Denner. Resolution Approved.

Public Works Director Mai and Street Superintendent Kuehn have requested the council sell two additional lots which are located at the intersection of N. Pleasant Hill and East Prospect (Parcel #19-10-07-1-26-128 & #19-10-07-1-26-137). Mai would like to sell these lots as they do not serve any benefit to the City and it would reduce expenses since the street department would not have to maintain the sidewalks or grass. Moved by McDonald, seconded by Daly; To sell City of New Hampton property, Parcels #19-10-07-1-26-128 and # 19-10-07-1-26-137, and include these properties for the Public Hearing set for December 16, 2022 and require a minimum bid of $2,500.00, be approved. Ayes –Five . Nays – None. Absent – Denner. Motion carried.

City Clerk Karen Clemens presented bids for pest control for city owned buildings. Moved by Daly, seconded by Speltz To hire Hawkeye Exterminating of Cedar Falls, Iowa to provide Pest Control Service for the City of New Hampton properties for an annual fee of $600.00, be approved. Ayes –Five . Nays – None. Absent – Denner. Motion carried.

City Clerk Karen Clemens received one bid for the custodial / cleaning service bid. The bid amount was $25.00/hour which the council determined was excessive. Moved by McDonald, seconded by Fisher; To re-advertise for the cleaning/ janitorial service with a pay range between $16.00 – $20.00 per hour, provide a certificate of insurance and require the contractor to sign a Confidentiality Agreement, be approved. Ayes –Five . Nays – None. Absent – Denner. Motion carried.

City Attorney Prichard informed the council about the recent stop work order issued by the City of New Hampton to a local industry who are violating the City Code.

Moved by Fisher, seconded by Daly; that the meeting adjourn at 8:59 p.m. Ayes –Five . Nays – None. Absent – Denner. Motion carried.