City Council Minutes | December 4, 2023

City Council
Council Chambers
Monday
December 4, 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, December 4, 2023. The meeting was called to order by Mayor Schwickerath at 7:09 p.m. Council members present were McDonald, Porath, Fisher and Humpal. Speltz and Denner were absent. Also in attendance were Tim Pederson, City Attorney Todd Prichard, Carrie Becker, Shannon Kellogg, Steve Geerts, Chelsie & Ben Rosonke and several NHHS government students.

1. Approve meeting agenda
2. Approve City Council Minutes of November 20, 2023
3. Approve City Claims of $593,181.19
4. Airport Commission Minutes of November 13, 2023

Mayor Schwickerath requested an additional item be added to agenda to discuss the most recent response from Precision of New Hampton regarding their building permit request. Moved by Humpal, seconded by Porath; that the agenda be approved as amended. Ayes – Four. Nays – None. Absent – Speltz & Denner. Motion carried.

Bids for the tornado/warning siren were due 12/1/2023 by 5:00 pm. The following bids were received:

Sam Rinne, Lu120 LLC – $1,250.00
Devine Goderis, Moline, IL – $1,050.00

Clemens requested the funds be utilized to repair the steps in the city parking lot at the intersection of East Spring & South Locust. Moved by McDonald, seconded by Fisher; That Resolution #6601 RESOLUTION REGARDING THE SALE OF TORNADO SIREN AND DIRECTING FUNDS TO PARKING LOT MAINTENANCE, be approved. Ayes: McDonald, Porath, Fisher, Humpal. Nays – None. Absent – Speltz, Denner. Resolution approved.

Police Chief Tim Pedersen requested to hire Cory Frank as a Police Officer. His start date will be December 22, 2023.
Pederson is waiting on the Iowa Law Enforcement Academy for final approval; once approved Frank is able to attend the academy training in January 2024. Moved by Humpal, seconded by Fisher; That Resolution #6602 RESOLUTION HIRING CORY FRANK AS POLICE OFFICER WITH A RATE OF PAY OF $24.54 EFFECTIVE December 22, 2023 , be approved. Ayes: McDonald, Porath, Fisher, Humpal. Nays – None. Absent – Speltz, Denner. Resolution approved.

Full River Fabrication owners, Chelsie & Ben Rosonke, requested to have a temporary loading & unloading spot along the west side of North Locust. Currently, Pocketful of Posies has permission for a temporary spot in the same block. Moved by Fisher, seconded by Porath; That Resolution #6603 RESOLUTION PROVIDING A TEMPORARY LOADING AND UNLOADING PARKING SPOT ON THE WEST SIDE OF NORTH LOCUST AVE, be approved. Ayes: McDonald, Porath, Fisher, Humpal. Nays – None. Absent – Speltz, Denner. Resolution approved.

Fire Chief Toby Schwickerath provided the annual request for payroll for staff for the year include December 1, 2022 through November 30, 2023 totaling $48,938.00. Moved by Fisher, seconded by Humpal; That Resolution #6604 A RESOLUTION APPROVING WAGES FOR THE NEW HAMPTON FIRE DEPARTMENT IN THE AMOUNT OF $48,938.00 be approved. Ayes: McDonald, Porath, Fisher, Humpal. Nays – None. Absent – Speltz, Denner. Resolution approved.

New Hampton Library Director, Carrie Becker, shard her concerns about the uncertainly of library funding and the looming capital project expenses for the library. The Library Board is currently discussing funding possibilities to repair the library parking lot and replacement of heating and cooling units.

As a result of the Iowa District Court Order for Chickasaw County Case No. CVCV004370, City of New Hampton v. Precision of New Hampton, city attorney, Todd Prichard, received a request from Attorney Kit O’Donohoe regarding the storm sewer main which runs through property owned by Precision of New Hampton. Initially, Precision of New Hampton was in agreement to move the storm sewer main, but has since submitted a request to leave the storm sewer main as is, construct their new building over the storm sewer main while continuing the lawsuit in superior courts. Upon completion of the lawsuit, Precision will proceed as directed by the Iowa courts.

Moved by McDonald, seconded by Porath; 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: McDonald, Porath, Fisher, Humpal. Nays – None. Absent – Speltz, Denner. Motion carried.

Entered Closed Session at 7:38 p.m.

Resumed Open Session at 8:30 p.m.

Moved by Porath, seconded by Humpal; To direct City Attorney Todd Prichard to reject the request made by Precision of New Hampton et al to revise the agreement; City Council would entertain a counter offer with the following stipulations, 1) complete indemnification of the city from any and all possible liability resulting from this sewer pipe and the appropriate amount of security bond to cover loss 2) the appropriate amount of a construction bond; 3) whether Hansen et al would provide a complete release of any and all possible claims. Ayes: McDonald, Porath, Fisher, Humpal. Nays – None. Absent – Speltz, Denner. Motion carried.

Moved by Fisher, seconded by Porath; that the meeting adjourn at 8:36 p.m. Ayes – Four. Nays – None. Absent – Speltz and Denner. Motion carried.

 

 

ATTEST: Karen Clemens, City Clerk

Robert Schwickerath, Mayor