City Council Minutes | September 6, 2022

Council Chambers
September 6, 2022 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. Tuesday, September 6, 2022. The meeting was called to order by Mayor Pro Tem McDonald at 7:00 p.m. Council members present were Speltz, Daly, Denner, Fisher and Humpal. Mayor Schwickerath was absent. Also in attendance were Zach Nosbisch, Casey Mai, Tammy Robinson and City Attorney Todd Prichard via telephone.

Moved by Daly, seconded by Speltz; that the consent agenda be approved as presented. Ayes –Six. Nays – None. Absent – None. Motion carried.

1. Approve meeting agenda
2. Approve City Council Minutes of August 15, 2022
3. Direct Mayor to sign Memo of Understanding with Local Union 2003 increasing Police Dept hourly and salaried wages.
4. Approve and place on file Committee As A Whole of August 1, 2022
5. Approve and place on file Committee As A Whole of August 15, 2022
6. Street Closure Request for Tim Angell / Mr. Hany’s for October 7 & 8, 2022
7. Street Closure Request for New Horizons / Chamber for September 8. 2022
8. Street Closure Request for TRIBE Trail Committee at Mikkelson Park on October 2, 2022
9. Request to Approve only Volunteer Golf Carts on TRIBE Trail for the “Fall Ride Festival” on October 2, 2022 from 4:00 pm – 6:00 pm
10. LOST 2022-2023 Revenue Projection
11. Northeast Iowa Community Action Corp Revenues & Expenditures for FY 2022
12. Approve City Claims of $152,580.96

New Hampton resident, Wally Murphy, resides at 311 S. Water and requested that the City council do not remove the ash tree in the right of way in front of his residence. Mr. Murphy has been chemically treating the tree and would be willing to pay for the costs to remove if the tree dies. Murphy would also prefer to have a reasonable time frame where the property owner is responsible for the costs of removal. Move by Denner; seconded by Daly; To allow Public Works Director Casey Mai the authority to approve an agreement for residents who have made alternate plans to keep the ash trees. The resident will be responsible to pay for the costs of removal of the tree. City Attorney Prichard will assist in developing an agreement. Ayes –Six. Nays – None. Absent – None. Motion carried.

LJP Waste Solutions (previously Jendro Sanitation) has submitted a rate increase as a result of the Consumer Price Index (CPI) increase. There is a line item in the agreement which allows LJP to charge this increase. After council discussion, the increase in garbage fees to LJP Waste Solutions will be absorbed by the City of New Hampton and not passed on to city residents.

Chickasaw County Emergency Management Agency is near completion of their county wide communications project. The Director of EMA, Jeff Bernatz, has given the city of New Hampton itemized lists of the radios and other communication equipment that the city will be in possession of and responsible for all future costs, including insurance. The Fire Department is in agreement with the itemized list. Moved by Fisher, seconded by Humpal; that Resolution NO. 6538 A RESOLUTION TO DIRECT THE MAYOR TO SIGN THE CHICKASAW COUNTY LAND MOBILE RADIO EQUIPMENT TRANSFER AGREEMENT FOR THE NEW HAMPTON FIRE DEPARTMENT, be approved. Ayes – McDonald, Speltz, Daly, Denner, Fisher, Humpal. Nays-None. Absent-None. Resolution approved.

City Clerk Karen Clemens received notification from the Iowa DOT that the newly changed signs at the intersection of West Main and Linn Avenue do not meet state signage specifications. In addition, staff and council members have received concerns that the designated times on the signs are confusing. Council decided to change the times on the sign to read: ‘No Right Hand Turn on Red” “Monday – Friday 7:00 am – 4:00 pm’. There needs to be two separate signs for this change and the IDOT need a resolution passed approving the change. Moved by Humpal; Seconded by Denner; That Resolution No. 6539 A RESOLUTION TO CHANGE THE ‘NO RIGHT HAND TURN ON RED’ SIGN AT THE WEST MAIN STREET AND LINN AVENUE INTERSECTION be approved. Ayes – McDonald, Speltz, Daly, Denner, Fisher, Humpal. Nays-None. Absent-None. Resolution approved.

Public Works Director (PWD) Mai has been working with the Pauline Ovel family regarding the repairs to an area which is extending from South Maple. There have been disagreements how the project should proceed. City Attorney Todd Prichard has been assisting Casey with these discussions
Moved by Daly, Seconded by Fisher; 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.
Ayes – McDonald, Speltz, Daly, Denner, Fisher, Humpal. Nays-None. Absent-None. Motion approved.

The Council entered closed session at 7:46 pm.

The Council entered into open session at 8:08 pm.

Moved by Daly, seconded by Fisher; that the City Council authorizes PWD Mai to proceed with the planned rip rap project on South Maple Ave, if staff is met by opposition from the Ovel’s or their attorney, Attorney Prichard may proceed with legal action to have access to make the necessary improvements. Ayes – Six. Nays – None. Absent – None. Motion carried.

Moved by Denner, seconded by Fisher; that the meeting adjourn at 8:10 p.m. Ayes – Six. Nays – None. Absent – None. Motion carried.



ATTEST: Karen Clemens, City Clerk

Robert Schwickerath, Mayor