City Council Minutes | January 4, 2021

VIA ZOOM.COM
Monday
January 4, 2021 7:00 pm

 

The City Council of the City of New Hampton met in regular session on Zoom.com at 7:00 p.m. Monday, January 4, 2021. The meeting was called to order by Mayor Schwickerath at 7:00 p.m. Council members present via Zoom.com were Boos, Denner, Diiro, McDonald, Perkins. Also in attendance via Zoom.com were Katie Fisher, Zach Nosbisch, Tim Angell, Tammy Robinson, Eric Kuehn, Mike Mashek, Casey Mai, Mike Brincks, Kenzie and Jenny Bouillion, Bob Fenske, other citizens and City Attorney Kevin Kennedy.

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

City Council member Matt Kuhn submitted his resignation effective December 31, 2020. Kuhn was elected to the Chickasaw County Board of Supervisors. Kuhn completed 3 of his 4 year term. Moved by Boos, seconded by Denner; That the resignation of Council member Mathew Kuhn be accepted and placed on file. Ayes- Boos, Denner, Diiro, McDonald, Perkins. Nays – None. Absent –None. Motion carried.

Mayor Bobby Schwickerath recommended appointing New Hampton resident Katie Fisher to fill the unexpired term as Councilmember at Large, effective January 4, 2021. Moved by Perkins, seconded by Diiro; That the Mayor’s appointment of Katie Fisher to the fill the unexpired term as Councilmember At Large, be approved. Ayes- Boos, Denner, Diiro, McDonald, Perkins. Nays – None. Absent –None. Motion carried.

Mayor Schwickerath swore in Fisher with the reciting of the Oath of Office.

Moved by Denner, seconded by Boos; That the minutes of the December 21, 2020 regular Council meeting minutes, be approved. Ayes- Boos, Denner, Diiro, Fisher, McDonald, Perkins. Nays – None. Absent –None. Motion carried.

Moved by Perkins, seconded by McDonald; that claims in the amount of $81,337.77 be approved. Ayes- Boos, Denner, Diiro, Fisher, McDonald, Perkins. Nays – None. Absent –None. Motion carried.

Moved by Perkins, seconded by Denner; That Resolution No. 6453 A RESOLUTION SETTING GUIDELINES FOR COUNCIL MEETINGS (as follows), be approved:

All regular Council meetings shall be held on the first and third Mondays of each month at 7:00 p.m. as set by City Code, and if such day shall fall on a legal holiday, identified as Christmas Day, New Year’s Day, Memorial Day, Independence Day or Labor Day, the meeting shall be held on the next succeeding day at the same time unless a different day or time is determined by the council. The conduct of all regular and special meetings of the Council shall be governed by Robert’s Rules of Order. Special meetings of the City Council may be called by the Mayor of the City at any time, as stated in the City Code, with notice in compliance with the open meetings law, and said special meeting shall take up, consider, and act upon any such business as the Mayor shall place on the agenda subject to Council approval. Any business to be transacted at any regular Council meeting shall be in the hands of the City Clerk by 5:00 p.m. on the Thursday prior to the Council meeting. The Mayor sets up the agenda for the City Clerk to prepare and deliver to the Mayor, Council, City Attorney, Wastewater Superintendent, Chief of Police, Economic Development Director, and Public Works Director on the Friday prior to the meeting. The said agenda shall be published the Friday prior to the Council meeting. Emergency items shall be in the hands of the City Clerk by Friday at 10:00 a.m. Ayes- Boos, Denner, Diiro, Fisher, McDonald, Perkins. Nays – None. Absent –None. Resolution approved.

Setting order for roll call
Moved by Denner, seconded by Boos; That the order for roll call vote shall be as follows: the first meeting shall be alphabetical and thereafter each meeting the roll call vote shall be rotated so that the first vote becomes the last and the rest remain alphabetical. Ayes- Boos, Denner, Diiro, Fisher, McDonald, Perkins. Nays – None. Absent –None. Motion carried.

Voting procedures and abstaining votes
City Attorney Kennedy explained the voting procedures for ordinances, resolutions and motions.

Appointment of Mayor Pro-tem
Mayor appointed Bruce Diiro as Mayor Pro-tem and asked for council approval. Moved by Perkins, seconded by Boos; That Mayor Schwickerath appointment of Bruce Diiro as Mayor Pro-tem be approved. Ayes- Boos, Denner, Diiro, Fisher, McDonald, Perkins. Nays – None. Absent –None. Motion carried.

Appointment of Standing Committees

Mayor Schwickerath appointed the following Standing Committees and asked for Council approval:

Finance

  • Chair: Perkins
  • Committee Members: McDonald, Boos

Street and Sanitation Water

  • Chair: McDonald
  • Committee Members: Diiro, Denner

Water

  • Chair: Boos
  • Committee Members: Perkins, Denner

Wastewater

  • Chair: Diiro
  • Committee Members: McDonald, Fisher

Heavy Equipment

  • Chair: Denner
  • Committee Members: Kuehn, Boos

Safety

  • Chair: Fisher
  • Committee Members: Angell, Nosbisch, Clemens, Mai

Moved by McDonald, seconded by Boos; That the Mayor’s appointments to the Standing Committees be approved. Ayes- Boos, Denner, Diiro, Fisher, McDonald, Perkins. Nays – None. Absent –None. Motion carried.

Designating Signatures for Community Development Block Grants and Economic Development Grants
Moved by Perkins, seconded by Boos; That Resolution No.6454 A RESOLUTION AUTHORIZING SIGNATURES FOR COMMUNITY DEVELOPMENT BLOCK GRANTS AND ECONOMIC DEVELOPMENT ADMINISTRATION GRANTS (Bobby Schwickerath, Mayor, and in his absence, Diiro, Mayor Pro-tem), be approved. Ayes- Boos, Denner, Diiro, Fisher, McDonald, Perkins. Nays – None. Absent –None. Resolution approved.

Mayor’s appointments – Department heads
Mayor Schwickerath made the following appointments and asked for Council approval:

  • City Clerk – Karen Clemens
  • Deputy City Clerk – Courtney Lechtenberg
  • Chief of Police – Zachary Nosbisch
  • Public Works Director – Casey Mai
  • Wastewater Superintendent – Tim Angell (until July 1, 2021 retirement)
  • Economic Development Director – Tammy Robinson
  • City Attorney – Kevin Kennedy
  • Fire Chief – Toby Schwickerath
  • City Health Physician – New Hampton Clinic staff
  • Zoning Administrators – Karen Clemens and Casey Mai
  • Street Supervisor – Eric Kuehn

Moved by Denner, seconded by Diiro; That the Mayor’s appointments be approved.
Ayes- Boos, Denner, Diiro, Fisher, McDonald, Perkins. Nays – None. Absent –None. Motion carried.

Mayor’s appointments to Community Boards
Mayor Schwickerath made the following appointments and asked for Council approval:

  • Floyd-Mitchell-Chickasaw Solid Waste Agency – Mayor Schwickerath, Diiro alternate
  • Economic Development Advisory Board–Mayor Schwickerath, Perkins, Clemens alter.
  • Communication Commission – Mayor Schwickerath, Police Chief Nosbisch
  • E-911 Board – Mayor Schwickerath, Police Chief Nosbisch
  • Emergency Management Board – Mayor Schwickerath, Diiro alternate
  • Chickasaw Ambulance Council –Mayor Schwickerath, Diiro alternate
  • INRCOG Voting Officials:
    • Regional Transit Commission (Buses) – Mayor or Council
    • Regional Transit Authority Technical Board (Streets, Road, Trails Bridges) – Mayor or Council
    • Regional Transit Authority Policy Board – Mayor or Council
    • Housing Council – Tammy Robinson

Moved by Boos, seconded by Perkins; that the Mayor’s appointments be approved.

Ayes- Boos, Denner, Diiro, Fisher, McDonald, Perkins. Nays – None. Absent –None. Motion carried.

Appointment of official newspaper
Moved by Denner, seconded by Diiro; That the New Hampton Tribune be named the official newspaper for the publication of Council proceedings and notices. Ayes- Boos, Denner, Diiro, Fisher, McDonald, Perkins. Nays – None. Absent –None. Motion carried.

Appointment of City Engineer
Moved by Denner, seconded by Boos; To appoint SEH Engineering as the engineering firm for City Subdivision review and storm water management review and all other City engineering business will be done on a project by project basis. Ayes- Boos, Denner, Diiro, Fisher, McDonald, Perkins. Nays – None. Absent –None. Motion carried.

Jenny & Mackenzie Bouillon (mother and daughter) are requesting to conduct home occupations at their residence of 504 South Locust. Moved by McDonald, seconded by Perkins; That the Home Occupation request of Jenny Bouillon for a Repurposed Crafts and Furniture business and Mackenzie Bouillon for a home based bakery at 504 South Locust Ave, be approved. Ayes- Boos, Denner, Diiro, Fisher, McDonald, Perkins. Nays – None. Absent –None. Motion carried.

City Attorney Kevin Kennedy would like to discuss the proposed 28E Agreement regarding the Chickasaw Ambulance Council. Moved by Perkins, seconded by Diiro; That the city 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, be approved. Ayes- Boos, Denner, Diiro, Fisher, McDonald, Perkins. Nays – None. Absent –None. Motion carried.

The council entered closed session at 7:21 pm.

The council resumed open session at 7:59 pm.

City Attorney Kennedy explained the result of closed session discussion was to request two modifications to the proposed 28E Agreement. The first request is to change Item 7.A (v) and delete the section that states “for an initial period of one year, one voting member shall be the sheriff but, thereafter”. The second request was to modify Section 7D, change the word from ‘may’ to ‘shall’. Moved by Diiro, seconded by Boos; That Kennedy will respond to the parties in the lawsuit with the council’s requested changes to item 7.A(v) and 7D, be approved. Ayes- Boos, Denner, Diiro, Fisher, McDonald, Perkins. Nays – None. Absent –None. Motion carried.

Moved by Denner, seconded by Diiro; That the following minutes be accepted and placed on file, Ayes- Boos, Denner, Diiro, Fisher, McDonald, Perkins. Nays – None. Absent –None. Motion carried.

  1. Cemetery Board Minutes of December 15, 2020
  2. Airport Commission Minutes of December 15, 2020

Moved by Perkins, seconded by Diiro; that the meeting adjourn at 8:08 p.m. Ayes- Boos, Denner, Diiro, Fisher, McDonald, Perkins. Nays – None. Absent –None. Motion carried.

 

 

ATTEST: KAREN CLEMENS, City Clerk

ROBERT SCHWICKERATH, Mayor