City Council Minutes | October 2, 2023

City Council
Council Chambers
Monday
October 2, 2023 7:00 pm

 

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, October 2, 2023. The meeting was called to order by Mayor Schwickerath at 7:00 p.m. Council members present were Speltz, Denner, Fisher Humpal. Porath and McDonald were absent. Also in attendance were Casey Mai, Tammy Robinson, City Attorney Todd Prichard, Bob Fenske, Ron Pethoud, Chris Kehoe and Dave Hoffman of Jendro Sanitation, Shawn Hildahl, Tyler Hansen, Kit O’donohoe and several NHHS students.

1. Approve meeting agenda
2. Approve City Council Minutes of September 18, 2023
3. Approve City Claims of $133,663.28
4. Application for Tax Exemption for Urban Revitalization: Wm & Renae Croell
5. Iowa Retail Cigarette/Tobacco/Nicotine/Vapor Permit: A-T-V Shack, 1 East Main Street
6. Airport Commission Request to deposit funds in Capital Projects Account
7. Black Hills Energy Request to Install New Tower on City Property

Moved by Humpal, seconded by Fisher; that the Consent Agenda be approved as presented; Ayes – Four. Nays – None. Absent – Porath & McDonald. Motion carried.

Chris Kehoe, general manager for Jendro Sanitation presented a proposal for expenses for the change from using yellow garbage bags to bins. Residents will pay a monthly fee for the 64 gallon bins, similar to the recycling charge. The recycling carts we currently use are 64 gallon. Jendro is offering a discounted rate for residents over 65 yrs. The proposed rates are:

$7.49 per month for a 64 gallon bin Senior Rate (over 65 years old)
$15.09 per month for 64 gallon bin for all other residents

McDonald arrived at 7:05 pm

Residents do not have an option of declining the 64 gallon tote for garbage. Moved by Fisher, seconded by McDonald; That Resolution No 6593 A RESOLUTION AMENDING THE CONTRACT WITH JENDRO SANITATION FOR GARBAGE PICKUP effective December 1, 2023, be approved. Fisher requested to have a committee meeting to determine the increase in costs for residents while utilizing existing solid waste funds.
Ayes: Speltz, Denner, Fisher, Humpal, McDonald. Nays – None. Absent – Porath. Resolution approved.

The TRIBE Trail committee continues to apply for grants for the construction project and needs the Council to approve the application for a Blackhawk Gaming Grant. Moved by McDonald, seconded by Humpal; That Resolution NO. 6594 A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF NEW HAMPTON, IOWA IN SUPPORT OF THE APPLICATION FOR A BLACKHAWK GAMING GRANT FOR THE TRIBE TRAIL PHASE 3 PROJECT, be approved. Ayes: Speltz, Denner, Fisher, Humpal, McDonald. Nays – None. Absent – Porath. Resolution approved.

City Clerk Karen Clemens presented the current Investment Policy for council review. The 3 focuses of the investment policy for the City of New Hampton are 1. Safety, 2. Liquidity and 3. Return. Moved by Denner, seconded by Speltz; That Resolution NO. 6595 A RESOLUTION TO APPROVE THE CITY OF NEW HAMPTON INVESTMENT POLICY be approved. Ayes – Speltz, Denner, Fisher, Humpal, McDonald. Nays – None. Absent – Porath. Resolution approved.

Public Works Director Mai presented an amendment to the existing Fee Schedule. Mai is requesting to add additional fees for coring & boring fees for companies who request One Calls for digging in the city right of way. Mai’s recommendations are:

Directional Boring Trenching: $0.75/SF entrance to exit of excavation areas + $0.50/LF trench/boring (Min. $50)
Coring: $50.00 per core

Moved by McDonald; seconded by Denner; That the first reading of amending the Ordinance for the City of Hampton’s Fee Schedule, be approved. Ayes – Speltz, Denner, Fisher, Humpal, McDonald. Nays – None. Absent – Porath. Motion carried. Mayor Schwickerath requested the second reading of the ordinance change be on the October 16, 2023 City Council agenda.

Mayor Schwickerath reported that Jay Jurrens, Superintendent for the New Hampton Community School District, suggested the traffic signal at the intersection of North Linn & West Prospect continues to serve a purpose for students and pedestrians crossing Linn Ave. The City Clerk’s office also received a call from a resident who would prefer to leave the traffic signal in place. No action was taken.
Mayor Schwickerath gave the update from the Committee As a Whole meeting regarding the Chickasaw County request to extend water service to the Chickasaw County Heritage Building at 2275 South Linn Ave.

Moved by Fisher, seconded by Denner; To grant Chickasaw County access to the City of New Hamptons water service by installing an 8” water pipe with an automatic main flusher to the Heritage Building at 2275 South Linn Ave with Chickasaw County being responsible for 100% of the associated expenses for the 1600’ pipe installation; with the provision that the City of New Hamptons’ engineers specifications are followed. Ayes – Five. Nays – None. Absent – Porath. Motion carried.

Attorney Kit O’Donohoe, representing Tyler Hansen and Precision of New Hampton, spoke to the Council regarding the existing lawsuit. O’Donohoe encouraged the Council to allow construction to continue on their new building which is on top of an existing storm sewer. Public Works Director Casey Mai issued a stop-work order in September 2022 when construction was taking place without the appropriate permit.

Moved by Speltz, seconded by Denner; That the council go into closed session pursuant to Iowa Code Section 21.5(1)c, which provides: To discuss strategy with Council 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 – Speltz, Denner, Fisher, Humpal, McDonald. Nays – None. Absent – Porath. Motion carried.

Entered Closed Session at 8:04 pm.

Resumed Open Session at 8:59 pm.

Moved by Fisher, seconded by Humpal; To offer to pay up to 20% of the expense to move the pipe from its existing location to the south, completely removing the pipe from the property owned by Tyler Hansen/Precision of New Hampton Inc., not to exceed $20,000.00.This work would need to be performed by a bonded contractor. In exchange for this arrangement, the city would ask for and be willing to provide mutual releases and any claims the parties may have against each other. Ayes – Speltz, Fisher, Humpal. Nays – Denner, McDonald. Absent – Porath. Motion carried.

Moved by Speltz, seconded by Fisher; that the meeting adjourn at 9:07 p.m. Ayes – Five. Nays – None. Absent – Porath. Motion carried.

 

 

ATTEST: Karen Clemens, City Clerk

Robert Schwickerath, Mayor