Newton City Council. 6:00 pm Newton, Iowa Pledge of Allegiance. Call to Order 1. Roll Call

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1 Agenda: Newton City Council Regular Meeting City Hall Council Chambers September 21, West 4 th Street South 6:00 pm Newton, Iowa Pledge Call to Order 1. Roll Call Pledge of Allegiance Presentation 2. Library Annual Report Sue Padilla, Library Director Citizen Participation 3. This is the time of the meeting that a citizen may address the Council on matters that are included in the consent agenda or a matter that is not on the regular agenda. Except in cases of legal emergency, the City Council cannot take formal action at the meeting, but may ask the City staff to research the matter or have the matter placed on a subsequent agenda. Consent Agenda 4. September 8, 2015 Regular City Council Meeting Minutes 5. Approve Class B Wine Permit, Special Class C Liquor License, Sunday Sales for AmericInn Lodge & Suites of Newton IA., 4401 S 22 nd St E. 6. Resolution levying assessments for costs of nuisance abatement and providing for the payment thereof (Schedule 15-11). (Council Report ) 7. Resolution fixing the amounts to be assessed against individual private property for the abatement of nuisance violations (15-12). (Council Report ) 8. Resolution approving to hire an engineering consultant to provide an updated Wastewater Facility Plan. (Council Report ) 9. Resolution approving a Telecommunications Licensing Agreement with Iowa Network Services. (Council Report ) 10. Resolution Approving a Property Tax Rebate for Newton Enterprises, LLC, for Property Located Within the North Central Urban Renewal Area. (Council Report ) 11. Approval of Bills Ordinances 12. Second Consideration of an Ordinance amending the Code of Ordinances, City of Newton, Iowa, 2011, Title 2, Chapter 11, Article 8, Other Traffic Offenses Stops by adding stop signs at the intersection of S Eleventh Avenue E and E Fourteenth Street S. (Council Report ) Citizens had expressed safety concerns about the East 14th Street South and South 11th Avenue East intersection. This neighborhood was analyzed and presented to City Council in an Ordinance adopted at the August 3, 2015 City Council meeting. This Council Report mentioned the need for stop signs at this intersection however it was not included in the written Ordinance amendment. City Staff recommends approval of the Ordinance amendment for stop signs to be added at the intersection of South 11 th Avenue East and East 14 th Streets South to improve safety.

2 13. First Consideration of an Ordinance Amending the Code of Ordinances, City Of Newton, Iowa, 2011, Title 2, Chapter 13, Article 3, Animal Protection and Control Animal License Required. (Council Report ) The Jasper County ARL, have agreed to sell City Animal Licenses and not allow an animal to be retrieved until the license and rabies vaccinations have been administered and purchased. A local veterinarian has agreed to provide the vaccinations on site with the cost of license, vaccination and impound fees being the responsibility of the animal owner. This process will ensure all animals leaving the Jasper County ARL are vaccinated and licensed through the City with all licensing fees coming back to the City. Staff recommends approval of the Ordinances. 14. First Consideration of an Ordinance Amending the Code of Ordinances, City Of Newton, Iowa, 2011, Title 2, Chapter 11, Article 10, Parking Offenses. (Council Report ) The City has 5 metered lots that contain 248 parking meters with an additional 12 parking meters situated around the Newton square area. City Staff conducted a public survey in July of 2015 which resulted in nearly 80% of the respondents being favorable of removing parking meters from all 5 City owned parking lots in the downtown area and make the lots free public parking, with a 72-hour limit. City Staff recommends approval of this Ordinance that will eliminate parking meters in the downtown. 15. First Consideration of an Ordinance amending the City of Newton Code of Ordinances, Title 2, Chapter 13, Article 2, Garbage and Trash. (Council Report ) Newton s Future, the current comprehensive plan, states community aesthetics is one of Newton s top priorities. There is an identified a need to update the code section so that enforcement may be taken on properties failing to remove garbage and trash from unenclosed porches or decks. The ordinance update has no financial impact. City Staff recommends approval of this Ordinance. Resolutions 16. Resolution authorizing the Newton Fire Department to adjust the amount charged for rental permits in the City of Newton. (Council Report ) On September 15, 2014 City Council approved a fee increase for the basic implementation of the updated Minimum Rental Housing Code. Starting in October of 2015 the Crime Free Multi-Housing program will be implemented. The $10.00 per permit increase would generate approximately $20,000 to cover the increase of the administrative costs to support the program. Staff recommends City Council approval of the Resolution adjusting rates charged for rental permits as presented.

3 17. Resolution awarding purchase of two public outdoor emergency warning sirens. (Council Report ) Updating outdoor warning sirens was identified during the capital improvement project discussions earlier this year. Two outdoor warning sirens were included in the 2015 bond proceeds and $44,000 was budgeted. Staff recommends purchasing two outdoor warning sirens from Radio Communications Systems of Waterloo, Iowa in the amount of $38, Resolution authorizing the purchase of two vault restrooms to be installed at Maytag Park and Woodland Park. (Council Report ) Better restroom facilities in the park system was identified during the capital improvement project discussions earlier this year. Two restrooms were included in the 2015 bond proceeds and $45,000 was budgeted. Staff recommends purchasing two vault restrooms from HuffCutt Concrete, Inc. of Chippewa Falls, Wisconsin in the amount of $35, Resolution authorizing the purchase of a copy machine for the Police Department. (Council Report ) The Police Department s current copy machine was purchased by the City in 2006 and over the past 2 years has undergone a significant amount of maintenance to keep it operational. Bids from 3 central Iowa vendors where received. The model from Premier Office Equipment in Marshalltown met all of Staff s required specifications and has added security features that automatically delete sensitive materials from its internal hard drive. Premier s Service Plan covers the maintenance, repair and toner purchases for 4 of the Police Department s existing ink-jet printers saving funds long term. City Staff recommends approving the $7,200 purchase of the machine from Premier Officer Equipment in Marshalltown, IA utilizing the FY15 Ending General Fund Balance Capital Equipment fund. Discussion 20. D&D Next Steps Erin Chambers, Director of Planning & Zoning New Business 22. Old Business 23. Adjourn 21. Action Plan Safe Community Natalie Umsted, Management Analysis The City of Newton is pleased to provide reasonable accommodations, in compliance with the Americans with Disabilities Act, for those individuals or groups who require assistance to be able to participate in the public meeting. Should special accommodations be required, please contact the City Clerk s Office at least 48 hours in advance of the meeting, at to arrange for accommodations to be provided.

4 Newton Public Library Annual Report to City Council REVENUES City appropriation $813,692 Special library levy $116,439 Revenue from County $55,566 State Government funding $6,962 Revenue from Contracting Cities (Lambs Grove, Reasnor) $5,373 Donations & other income received $10,424 Fines and/or fees received $23,760 Total Operating support $1,032,216 EXPENDITURES Total Staff Expenditures $747,221 Total Collection Expenditures $83,770 All Other Operating Expenditures $200,720 (including building maintenance, heat, phone, lights, cooling, postage, data processing, equipment, and supplies) Total Operating expenditures $1,031,711 LIBRARY COLLECTION Total number physical volumes held at start of year 77,614 Total physical volumes added 5,569 Total physical volumes withdrawn 6,266 Total physical volumes held at end of year 76,917 Total downloadable materials held at end of year 28,939 Total physical and downloadable materials held at end of year 105,856 CIRCULATION of LIBRARY MATERIALS and BUILDING USAGE Adult Books 47,485 Young Adult Books 8,515 Children s Books 32,803 Video Recordings 16,371 Audio Recordings 7,799 Periodicals 1,707 Virtual (downloadable) circulation 8,688 Other items 1,130 TOTAL CIRCULATION 124,871 ANNUAL INTERNET COMPUTER USE 12,382 Interlibrary Loan received from other libraries 630 Interlibrary Loan provided to other libraries 1,243 Current total registered borrowers 15,431 (on June 30, 2015) Registration files last weeded June 29, 2015

5 Library visits 96,805 Annual Meeting Room use 271 PROGRAMMING Total Number of Library Programs for Children 147 Total Number of People Attending Library Programs for Children 5,588 Total Number of Library Programs for Young Adults 3 Total Number of People Attending Library Programs for Young Adults 92 Total Number of Library Programs for Adults 87 Total Number of People Attending Library Programs for Adults 1,246 Number of Children Registered in FY2014 Summer Reading Program 584 Number of Young Adults Registered in FY2014 Summer Reading Program 72 Number of Adults Registered in FY2014 Summer Reading Program 61

6 Director s Presentation to Newton City Council September 21, 2015 Thank you for allowing me to present this annual report on behalf of the Newton Public Library Board of Trustees. The library building received some needed masonry maintenance and repair work this summer in order to preserve the integrity of the structure and to improve the appearance of the brick and stone façade. Last winter we experienced a roof leak in the director s office that resembled a waterfall, but a patch of caulk sealing several holes took care of it. That was the second time this particular area of the roof has leaked. As for the numbers you have in front of you, they are comparable with the previous year s figures. I was pleased to see circulation increase by 8,627. Kudos to library staff members Phyllis Peter and Nicole Lindstrom who implemented several new strategies aimed at increasing circulation. Using end of the year figures (June 30) after adding and withdrawing materials, the library has 105,856 items to circulate to readers. This includes downloadable audio and e-books that have been added to our catalog of circulating material. It does not include the downloadable music available through the library s subscription to Freegal. I have also included for you some additional statistics I thought you might find interesting. The library is a WiFi hotspot, and residents increasingly bring their laptops and smaller devices to the library and work at any of the study carrels or tables located throughout the library. Reference questions are

7 increasingly about coping with the technology changes in our readers daily lives and about how to use various devices. Essentially, the library is the city s technology center for the public. Programming is an essential component of the library s educational mission for all ages at the library. Continuing partnerships with DMACC, the Goodwill Career Connection Center, The Arts Connection, Centre for Arts and Artists, South Skunk Blues Society, Newton Alumni Association, Iowa Public Television, Jasper County Farm Bureau, Newton Community Schools, and the Jasper County Conservation Center have enabled us to enhance learning opportunities through library programs, beyond library walls, and with the expertise available within the community. Ongoing monthly programs for adults including game nights and 2 book clubs continue to be popular. Also scattered throughout the year were author visits, musical programs, speaker programs about various topics, and craft learning sessions. One-on-one tech time is available daily on a call-ahead basis. Conversely, the homebound program offers readers who cannot get to the library the opportunity to checkout materials. Weekly children s story times for preschoolers and toddlers continue to be popular, and monthly visits to preschool, Head Start, and day cares take the library to children outside of the building. Two AWE early literacy computer stations are popular with preschoolers as are the puzzles and puppets available for imaginative play in the library.

8 I d like to take this opportunity to thank the community for all of the backing given to the library for materials, activities, and programs that promote reading and lifelong learning. Because of your generosity, all library programs are free and open to the public. The Friends of the Library is a mainstay organization of the library. Last year the Friends provided funds for books, media bins, meeting room improvements, speakers for programs, promotional materials like Book Page, newborn books and bags, summer reading events, and transportation for 1 st graders to tour the library, all totaling $16,235. The Friends also sponsored the library in an application for a grant from the Jasper Foundation which was used to purchase one of the AWE stations for preschoolers and a charging station located in the teen area. In addition, many Friends of the Library volunteers gave of their time and energy to make sure library events were a success. The Newton Public Library Foundation continues to play a vital role in funding public library extraordinary requests that reach beyond budget allowance. In the Foundation provided $16,308 of funding for library programs and reading promotion, new exterior trash cans, window coverings for the library service area, and browsing book bins for the children s library. Numerous individuals, businesses, and organizations in the community also provided time, monetary, or merchandise donations in

9 support of library projects and programs. On behalf of the library board and staff, I wholeheartedly thank all of those who have supported the library this past year. This is my last annual report presentation. The library board has accepted my letter of retirement. My last day will be Saturday, January 2, It has been an honor and a privilege to work at the Newton Public Library these past 14 years, but it is time that I step down from the director s position so that new leadership can guide the library with fresh ideas through the evolving landscape of library services. The library board of trustees with whom I have worked are enthusiastically dedicated and steadfastly committed to providing Newton with library services that meet the needs of the community. I thank them for their hard work and time they have devoted to governing the library and providing strong support for the library staff and me. Along with the library board, I also thank you, Mayor Hansen, Council members, and Newton residents, for the continued trust and support you have given the library and me throughout my tenure. The statistics and the text of this presentation can be found on the library s website - Thank you for your time, your attention, and your continued support of the Newton Public Library s mission for Newton and Jasper County. Sue Padilla Library Director

10 REGULAR CITY COUNCIL MEETING MINUTES SEPTEMBER 8, 2015, 6:00 P.M. CITY COUNCIL CHAMBERS The City Council of Newton, Iowa met in regular session at 6:00 P.M. on the above date in the Council Chambers at 101 West 4 th Street South. Mayor Hansen presided. Present Council Members: Price, George, Chapé, Otto, Trotter, Mullan. Absent: None Mayor Hansen asked everyone present to join in saying the Pledge of Allegiance. There was no citizen participation. Moved by Chapé, seconded by George, to approve consent agenda items August 17, 2015 Regular City Council Meeting Minutes 4. August 24, 2015 Special City Council Meeting Minutes 5. Approve Liquor License Special Class C (Beer/Wine Coolers) and Sunday Sales for Hy- Vee Clubroom, st Ave E. Approve Liquor License Class B (Native Wine Permit) for Beckman Gallery, 118 N 2nd Ave W. Approve Liquor License Class C Liquor License, Catering Privileges, Outdoor Service and Sunday Sales for Okoboji Grill of Newton, LLC, 1425 W 19th St S.. Approve Liquor License Class C Liquor License, Outdoor Service, and Sunday Sales for LaCabana Mexican Restaurant, Inc., st Ave E, Suites 5&6. Approve new Liquor License Class C Liquor License and Sunday Sales, Cardinal Lane, 1300 S 5th Ave E. 6. Resolution levying assessments for costs of nuisance abatement and providing for the payment thereof (Schedule 15-10). Resolution No adopted. 7. Resolution fixing the amounts to be assessed against individual private property for the abatement of nuisance violations (15-11). Resolution No adopted. 8. Resolution the accepting completion of the Demolition Project Resolution No adopted. 9. Resolution approving Telecommunications Licensing Agreement with Windstream Iowa Communications, Inc. Resolution No adopted. 10. Resolution appointing Marc Jackson to the Park Board for a term ending the first Monday in July Resolution No adopted. 11. Resolution Approving the Annual City Street Financial Report Resolution No adopted. 12. Resolution accepting completion of the 2015 Masonry Restoration Project Newton Public Library. Resolution No adopted. 13. Resolution approving a 28E Agreement that adds the City of Huxley to the Central Iowa Regional Transportation Planning Alliance committees. Resolution No adopted. 14. Approval of Bills AYES: Six. NAYS: None. Consent agenda items approved. Mayor Hansen stated this was the time and the place for a public hearing on a Resolution awarding contract for the 2015 Westwood Golf Course 9-Hole automatic irrigation improvement project. There had been no written comments. Moved by Trotter, seconded by Otto, to close the public hearing. AYES: Six. NAYS: None. Public Hearing was closed. Moved by Chape, seconded by Price, to approve the Resolution. AYES: Six. NAYS: None. Resolution No adopted. Moved by Chapé, seconded by Trotter to approve the second consideration on an Ordinance amending the City of Newton, Iowa Code of Ordinances, Title 3 (Environment And Health), Chapter 21 (Minimum Housing Code), to add a Crime Free Multi-Housing Program. Fred Rhoads, 1099 S 52nd Ave E., President of the Central Iowa Property Association, informed Council that the Association has been in contact with a judge and lawyer that are willing to come speak with the landlord s group to offer advice and processes to assist them with problem tenants. AYES: Six. NAYS: None. The second consideration of the above ordinance was approved. Moved by Otto, seconded by Chapé to waive the third consideration of the ordinance. AYES: Six. NAYS: None. Motion carried. Moved by Mullan, seconded by Trotter, to adopt the above ordinance. AYES: Six. NAYS: None. Ordinance 2256 adopted. Moved by Trotter, seconded by Mullan to approve the first consideration on an Ordinance amending the Code of Ordinances, City of Newton, Iowa, 2011, Title 2, Chapter 11, Article 8, Other Traffic Offenses Stops by adding stop signs at the intersection of S Eleventh Avenue E and E Fourteenth Street S. AYES: Six. NAYS: None. The first consideration of the above ordinance was approved.

11 Moved by Price, seconded by Chapé to approve the first consideration on an Ordinance amending the City of Newton code of Ordinances, Title 4, Chapter 32, Site Plan Control. Erin Chambers, Director of Planning & Zoning, presented an overview of the changes proposed in the ordinance. AYES: Six. NAYS: None. The first consideration of the above ordinance was approved. Moved by Price, seconded by Otto to waive the second and third consideration of the ordinance. AYES: Six. NAYS: None. Motion carried. Moved by Trotter, seconded by Mullan, to adopt the above ordinance. AYES: Six. NAYS: None. Ordinance 2257 adopted. Moved by Otto, seconded by Mullan to Introduce a Resolution authorizing the Newton Fire Department to adjust the amount charged for rental permits in the City of Newton. Fred and Dorothy Rhoads, 1099 S 52nd Ave E., ask Council to review additional alternatives to raising fees and researching current costs that are in line with the inspection process. Fire Chief Wellik clarified that the costs indicated were aligned with the State with the inclusion of benefits. Otto and Chapé requested a chance to review further information. Moved by Chapé, seconded by George to postpone the resolution until the next council meeting. AYES: Six. NAYS: None. Motion carried. Moved by Price, seconded by Otto to Introduce a Resolution for authorizing the Newton Fire Department to accept the 2014 Assistance to Firefighters Grant (AFG) award in the amount of $235,000. AYES: Six. NAYS: None. Resolution No adopted. Moved by George, seconded by Chapé to Introduce a Resolution authorizing a 28E Agreement and reimbursement to Jasper County for the replacement of the North 4th Avenue East Bridge. AYES: Six. NAYS: None. Resolution No adopted. Moved by Trotter, seconded by Otto to Introduce a Resolution authorizing the use of up to $132,000 of the General Fund, Ending Fund Balance for one-time capital expenditures. Trotter indicated that the Finance Committee met and recommended bringing the resolution to full council. Price asked for clarification on the request for PD Memorial funds. Knabel confirmed that the Fire Memorial costs were covered from fund raising efforts and the sale of bricks through the Fire Department. Moved by Price, seconded by George to amend the resolution by removing the $20,000 line item for the memorial in order to make fund raising efforts for the initiative. AYES: Five. NAYS: Trotter. Motion carried. AYES: Six. NAYS: None. Resolution No adopted as amended. Moved by Price, seconded by Trotter to Introduce a Resolution authorizing the purchase of flooring for the City Wellness and Fitness Center. AYES: Six. NAYS: None. Resolution No adopted. During new business Mayor Hansen welcomed new Police Chief, Robert Burdess. Fire Chief Wellik invited Council and citizens to the 9/11 tribute at the Fire Station on Friday starting at 5:30 PM and continuing with a parade to the square for an additional tribute. There was no old business. Moved by Price, secondedby George, to adjourn the meeting at 6:53 P.M. Motion unanimously carried by voice vote. Michael L. Hansen, Mayor Katrina Davis CMC, City Clerk

12 City of Newton Council Report Item: Resolution levying assessments for costs of nuisance abatement and providing for the payment thereof (Schedule 15-11) Summary: The approval of this Resolution sets the amounts and directs the Clerk to file the Schedule of Assessment No with the Jasper County Treasurer for the City reimbursement of assessment costs. Financial Impact: Cost recovery - $4, Report Number: Date: September 21, 2015 Lead Department: Planning & Zoning Department Recommendation: Approve Background: At the last meeting, the City Council approved a Schedule of Assessment for the Expenses of Nuisance Abatement. The total amount for cost recovery is $4, The attached schedule lists owner, parcel number, address, amount to be assessed, date work was completed, property legal description, and property valuation. With the approval of this Resolution, the costs expended by the City for the abatement of nuisances will be placed on the taxes as a Special Assessment for each property. Recommendation: Staff recommends approval of the Resolution levying assessments for costs of nuisance abatement and providing for the payment thereof (Schedule 15-11). Robert Knabel City Administrator Attachments

13 RESOLUTION NO RESOLUTION LEVYING ASSESSMENTS FOR COSTS OF NUISANCE ABATEMENT AND PROVIDING FOR THE PAYMENT THEREOF (SCHEDULE 15-11) WHEREAS, pursuant to its powers and duties as set out in Chapter 364, Code of Iowa, the City of Newton, after the property owner s failure upon being given notice and opportunity to cure, has performed the required action to abate the public nuisance and now seeks, as provided in , Code of Iowa, to assess the costs of such action against each of the properties set out on the attached Schedule No for collection in the same manner as the property tax. NOW, THEREFORE, BE IT RESOLVED That the attached Schedule No , is hereby approved and adopted with the amounts shown thereon assessed and levied against each property for the collection in the same manner as a property tax. BE IT FURTHER RESOLVED: That said assessments shall be payable in 1 annual installment and shall bear interest at the rate of 3.88 percent per annum, from the date of the acceptance of this assessment schedule; the one installment of each assessment with interest on the whole assessment from date of acceptance of this schedule by the Council shall become due and payable on October 21, 2015, and shall be paid at the same time and in the same manner as the September semiannual payment of ordinary taxes. Said assessment shall be payable at the office of the County Treasurer of Jasper County, Iowa, in full and without interest within thirty days after first date of publication of the Notice to Property Owners of filing the schedule of assessments. BE IT FURTHER RESOLVED, that the Clerk be and is hereby directed to certify said schedule to the County Treasurer of Jasper County, Iowa and to publish notice of said certification once each week for two consecutive weeks in the Newton Daily News, a newspaper printed wholly in the English language, published in Newton, Iowa, and of general circulation in Newton, Iowa, the first publication of said notice to be made within fifteen days from the date of the filing of said schedule with the County Treasurer, the City shall send by regular mail to all property owners whose property is subject to assessment a copy of said notice, said mailing to be on or before the date of the second publication of the notice all as provided and directed by Code Section , Code of Iowa. PASSED this day of September, APPROVED this day of September, ATTEST: Michael L. Hansen, Mayor Katrina Davis, City Clerk

14 Schedule (No ): Assessment for the Expenses for Nuisance Abatement Deed/Contract Holder Parcel Number Address City Net Assessed Property Value Abatement Fee Administrative Fee Total Amount Assessed Legal Date Abated Ken Johnson S. 2nd Ave. E. Newton $63,350 $50.00 $50.00 $ ORIGINAL PLAT W 1/2 LOT 8 BLK 21 July 17, 2015 Ken Johnson E. 4th St. N. Newton $165,650 $75.00 $50.00 $ ORIGINAL PLAT LOT 4 OUTLOT 24 July 17, 2015 Ron Wallace /2 N. 9th Ave. W. Newton $2,380 $ $50.00 $ SANDERSON'S SD S 78' OF N 273' LOT 3 July 22, 2015 Charles Carr E. 9th St. N. Newton $87,050 $75.00 $50.00 $ EAST NEWTON W 1/2 LOTS 9-10 BLK 1 & ALLEY N O July 28, 2015 Ivan Lester E. 11th St. N. Newton $59,320 $50.00 $50.00 $ EAST HIGHLANDS LOT 11 & N 1/2 LOT 10 BLK 1 July 30, 2015 Janice Paulson E. 19th St. S. Newton $91,200 $2, $50.00 $2, AURORA HEIGHTS SD LOT 19 BLK X July 24, 2015 Jason Jenkins W. 3rd St. S. Newton $48,320 $98.26 $50.00 $ STONE'S ADD LOT 3 August 4, 2015 Pamela Mix W. 5th St. S. Newton $47,180 $50.00 $50.00 $ W C GUNNS SD LOT 3 July 20, 2015 Herbert McSparen E. 4th St. S. Newton $45,990 $75.00 $50.00 $ LEONARD'S ADD W 1/2 LOT 8 BLK 5 July 28, 2015 Rona Skow E. 16th St. N. Newton $86,420 $50.00 $50.00 $ GREENWAY LOT 6 July 17, 2015 Rona Skow E. 16th St. N. Newton $86,420 $ $50.00 $ GREENWAY LOT 6 July 20, 2015 Scott Leff Roth 401K Trust S. 5th Ave. E. Newton $107,240 $75.00 $50.00 $ DREW & BALL'S ADD LOT 9 July 17, 2015 Half Moon Holdings LC A 1st Ave. E. Newton $49,720 $ $50.00 $ MEEK'S SD LOT 8 EX S 85' OF W 131.5' & EX N 60' O August 2, 2015 Astrid Brown E. 6th St. S. Newton $18,590 $75.00 $50.00 $ LISTER'S ACRES LOT 14 July 28, 2015 John Plowman E. 6th St. S. Newton $40,030 $75.00 $50.00 $ LISTER'S ACRES LOT 22 July 28, 2015 $4,533.26

15 City of Newton Council Report Item: Resolution Fixing the Amounts to be assessed against individual private property for the abatement of nuisance violations (Schedule 15-12) Summary: The City of Newton abated some nuisances, such as tall grass/weeds. These costs remain unpaid by the property owners and should be assessed to the property taxes. Financial Impact: Cost Recovery: $ Report Number: Date: September 21, 2015 Lead Department: Planning & Zoning Department Recommendation: Approve Background: The City continues to work towards better curb appeal and improved aesthetics within the community. The City abated violations that remain non-compliant after the initial warning period. The attached schedule lists owner, parcel number, address, amount to be assessed, date work was completed, property legal description, and property valuation. Recommendation: City Staff recommends approval of the Resolution fixing the amounts to be assessed against individual private property for the abatement of nuisance violations. Robert Knabel City Administrator Attachments

16 RESOLUTION NO RESOLUTION FIXING THE AMOUNTS TO BE ASSESSED AGAINST INDIVIDUAL PRIVATE PROPERTY FOR THE ABATEMENT OF NUISANCE VIOLATIONS (15-12) WHEREAS, the City of Newton has abated nuisance violations at the addresses as found in Schedule (No ): Assessment for the Expenses for Nuisance Abatement; and WHEREAS, the City of Newton has maintained a report of the abatement costs for each individual property as found in Schedule (No ): Assessment for the Expenses for Nuisance Abatement; and WHEREAS, the expenses have been billed to the property owners and remain unpaid; NOW THEREFORE, BE IT RESOLVED by the City Council of Newton, Iowa, that the Schedule (No ): Assessment for the Expenses for Nuisance Abatement is approved. NOW THEREFORE, BE IT FURTHER RESOLVED by the City Council of Newton, Iowa, that the City Clerk is hereby directed to prepare, sign, and file in the clerk s office the Schedule (No ): Assessment for the Expenses for Nuisance Abatement. PASSED this day of September, APPROVED this day of September, ATTEST: Michael L. Hansen, Mayor Katrina Davis, City Clerk

17 Schedule (No ): Assessment for the Expenses for Nuisance Abatement Deed/Contract Holder Parcel Number Address City Net Assessed Property Value Abatement Fee Administrative Fee Total Amount Assessed Legal Date Abated Marie Fern Bookout W. 5th St. S. Newton $41,250 $50.00 $50.00 $ WEST NEWTON E 1/2 OF N 1/2 LOT 76 August 7, 2015 Robert & Mary Stabenow S. 3rd Ave. E. Newton $54,470 $50.00 $50.00 $ ORIGINAL PLAT LOT 26 OUTLOT 20 August 7, 2015 Herbert McSparen E. 4th St. S. Newton $45,990 $50.00 $50.00 $ LEONARD'S ADD W 1/2 LOT 8 BLK 5 August 19, 2015 Kimberly Spearing E. 9th St. N. Newton $52,510 $50.00 $50.00 $ EDMUNDSON'S ADD LOT 9 BLK 17 August 10, 2015 Melonie Wyss E. 7th St. S. Newton $65,890 $50.00 $50.00 $ HARLAN'S SD S 60' LOT 7 BLK 4 August 19, 2015 Aleisha Edwards N. 4th Ave. W. Newton $23,760 $50.00 $50.00 $ EXLINE'S ADD PARCEL A WITHIN LOT 1 OUTLOT 1 August 12, 2015 Scott Leff Roth 401K Trust S. 5th Ave. E. Newton $107,240 $50.00 $50.00 $ DREW & BALL'S ADD LOT 9 August 19, 2015 Connie & Estelle Cupples E. 9th St. N. Newton $11,670 $50.00 $50.00 $ EDMUNDSON'S ADD LOT 5 BLK 4 August 10, 2015 $800.00

18 City of Newton Council Report Item: Resolution approving to hire an engineering consultant to provide an updated Wastewater Facility Plan. Summary: Update the existing 2008 WPC Facility Plan. Financial Impact: $42,700 from WPC fund. Report Number: Date: September 21, 2015 Lead Department: Public Works Recommendation: Approve Background: The existing Wastewater Facility Plan was completed in 2008 by Fox Engineering of Ames, Iowa. Most of the recommended improvements identified in the 2008 plan have been completed. In 2014, the City received a new wastewater permit from the Iowa Department of Natural Resources (DNR). The new permit outlines new treatment standards that must be met. An updated Wastewater Facility Plan will outline improvements and estimated costs needed to meet the DNR permit criteria and to maintain an efficient treatment system. The updated facility plan will be a tool that City Staff can use to prudently plan for upcoming projects. An updated facility plan was included in the Water Pollution Control (WPC) budget and $50,000 was budgeted. Fox Engineering has provided the City a contract in the amount of $42,700 to complete an updated Wastewater Facility Plan. Recommendation: City Staff recommends approval of the attached Resolution to hire Fox Engineering of Ames, Iowa for the new Wastewater Facility Plan. Robert Knabel City Administrator Attachment

19 RESOLUTION NO RESOLUTION APPROVING TO HIRE AN ENGINEERING CONSULTANT TO PROVIDE AN UPDATED WASTEWATER FACILITY PLAN WHEREAS, the Wastewater Facility Plan completed by Fox Engineering of Ames, Iowa in 2008 needs to be updated, and, WHEREAS, most of the projects in the 2008 plan have been completed and WHEREAS, the City needs a plan to address the requirements in the new wastewater permit issued by the Iowa Department of Natural Resources in 2014; and WHEREAS, the City has a master agreement with Fox Engineering dated August 17, 2009; and WHEREAS, Fox Engineering has submitted Task Order A in the amount of $42, to update the Newton Wastewater Facility Plan. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newton, Iowa, that the City of Newton hereby authorizes the Mayor to execute said Task Order in the amount of $42, The work will be paid by the Water Pollution Control fund. PASSED this day of September APPROVED this day of September ATTEST: Michael L. Hansen, Mayor Katrina Davis, City Clerk

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56 This is Task Order No A, consisting of three (3) pages. Task Order In accordance with paragraph 1.01 of the Master Agreement between Owner and Engineer for Professional Services dated August 17, 2009 ("Agreement"), Owner and Engineer agree as follows: Specific Project Data A. Title: Newton Wastewater Facility Plan Update B. Description: FOX Engineering teamed with Newton City Staff to develop the Wastewater Facility Plan Report for the Water Pollution Control Plant and Collection System, which was finalized in November Since that time, many of the recommended improvements have been completed. Additionally, the NPDES discharge permit was renewed on October 1, 2014, and the permit includes new disinfection requirements. The permit also requires that the City begin evaluating options for nutrient removal, as part of Iowa s Nutrient Reduction Strategy. For the collection system, the City has implemented an I&I reduction plan that has been successful in reducing peak flows. An update to the Wastewater Facility Plan Report is needed to identify the improvements made and to provide a plan for addressing current and future needs. 1. Services of Engineer - Basic Services of Engineer shall be as per Exhibit A except as modified below: a. A1.01 (Study and Report Phase) - As per exhibit A, but with the following modifications: The Scope of Services will include the following major items: Data and Document Review: Historical data will be reviewed and analyzed to compare plant performance to permit requirements and to establish current design flows and loads. Project Workshop: Attend a project workshop meeting with City Staff to discuss the study, alternatives to consider, and projected growth. Flows and Loads memo: Develop future design flows and loadings based on existing values and allowances allocated for anticipated growth. This will be submitted to IDNR for their review and comment. Project Initiation Conference: After the design flows and loadings are developed, we will attend the required Project Initiation Conference with IDNR. The purpose of the meeting is to identify the anticipated project scope and design assumptions so that any disagreements can be dealt with before a detailed evaluation of alternatives is completed. Alternatives that are expected to be included in the Facility Plan evaluation will also be discussed. Update Collection System Evaluation: Revise the collection system summary to reflect improvements completed and any major changes in anticipated growth patterns and growth areas. Update Collection System Recommended Improvements: Original recommendations will be reviewed in response to recent successes that the City has experienced with I&I removal. Identify collection system improvement priorities and schedule based on staff input and projected growth needs. Estimated costs will be updated. Update Treatment Plant Evaluation: Update unit process descriptions and evaluations to reflect improvements made to the plant. Update the hydraulic and loading capacities of the treatment plant based on current effluent limitations. A higher level of detail will be applied to the evaluation of the solids handling, treatment and storage facilities. The evaluation will also address nutrient removal performance of the existing plant. Page 1 of 3 Pages (Attachment 1 to Exhibit A Task Order No A)

57 Develop Treatment Alternatives: Shorter term improvements will include items such as disinfection, solids handling, treatment and storage alternatives, and miscellaneous plant improvements. Longer term improvements will consider options for implementing nutrient removal and dealing with aging treatment units, such as the rock trickling filter. Updated estimates of probable cost will be included. The evaluation will include capital and life-cycle costs, operational issues and financing options. In response to the nutrient reduction requirements, provide an analysis of potential practical operational changes to the existing treatment facilities that could be implemented to reduce the total nitrogen and phosphorus in the plant effluent. Part of the analysis will be to evaluate the impact of such changes on other treatment in the plant and the resultant estimated costs associated with any proposed changes. This will also include an evaluation of potential practical new or additional treatment technologies that would be expected to result in significant reductions in the amounts of total nitrogen and phosphorus in the plant's effluent. Each technology that is evaluated will include the feasibility, reasonableness, practicality, availability and associated costs with each, as outlined in the NPDES permit. Preliminary Facility Plan: The preliminary findings will be summarized in the Preliminary Facility Plan, which will be submitted to the City for review and comment. FOX Engineering will then meet with City Staff to present and review the findings of the report, address any questions and discuss any changes that may be requested. Final Facility Plan: Comments received during the review of the Preliminary Facility Plan would be incorporated in a Final Facility Plan, and copies will be delivered to the City of Newton for distribution. FOX Engineering will meet with the City to present and review the findings of the report and address any questions. When approved by the City, the Final Plan would be submitted to IDNR for their review. Anti-Degradation Analysis: One of the goals of this project is to increase the IDNR s official loading capacity for the treatment plant. It is anticipated that IDNR will require that the new Anti-Degradation process be followed for this change to be made. Scope includes preparation of the Anti-Degradation Alternatives Analysis associated with this requirement. This report will be submitted to IDNR with the Facility Plan. This scope of Scope Services does not include the following items, but these items may be added as Additional Services: Should any sampling or testing of raw or treated wastewater, soil borings or other special testing services be required for completion of the study, FOX will recommend those to Gowrie Municipal Utilities. The costs of such sampling and testing are beyond the scope of this study will be the Utility s responsibility. Pilot testing. Flow monitoring or detailed investigations of the collection system, such as review of televising records or development of an I&I reduction plan. b. A1.02 (Preliminary Design Phase) - Not part of this Task Order A. c. A1.03 (Final Design Phase) - Not part of this Task Order A. d. A1.04 (Bidding Phase) - Not part of this Task Order A. e. A1.05 (Construction Phase) - Not part of this Task Order A. f. A1.06 (Post-Construction Phase) - Not part of this Task Order A. g. Part 2 (Additional Services) - As per exhibit A except for services specifically identified in this document as part of other phases of work. 2. Owner's Responsibilities - No changes. Page 2 of 3 Pages (Attachment 1 to Exhibit A Task Order No A)

58 3. Times for Rendering Services - The anticipated schedule for this project is summarized below and is based on the assumption that a signed Agreement will be received in September 2015: Data/Document Review October 2015 Project Workshop November 2015 Flows/Loads Memo November 2015 Project Initiation Conference w/idnr January 2015 Preliminary Facility Plan Complete April 2016 Final Facility Plan Complete May 2016 Submit Facility Plan to IDNR June 2016 (1) (1) The NPDES permit requires that the Facility Plan be submitted no later than July 1, Payments to Engineer - Engineering fees shall be based on Method A - Lump Sum in the amount of $42, Engineer s Consultants: None. 6. Engineer's Liability - No changes. 7. Other Modifications to Master Agreement - No changes. 8. Attachments - No changes. 9. Documents Incorporated By Reference - No changes. Approval and Acceptance: Approval and Acceptance of this Task Order Amendment, including the attachments listed above, shall incorporate this document as part of the Agreement. Engineer is authorized to begin performance upon its receipt of a copy of this Task Order signed by Owner. The Effective Date of this Task Order Amendment is, Engineer Owner Signature Date Signature Date Steve Van Dyke, P.E. Name Principal Title Designated Representative for Task Order: Steve Van Dyke, P.E. Name Principal Title 414 South 17 th Street, Suite 107 Ames, IA Address sav@foxeng.com Address Phone Name Title Designated Representative for Task Order: Name Title Address Address Phone Page 3 of 3 Pages (Attachment 1 to Exhibit A Task Order No A)

59 City of Newton Council Report Item: Resolution approving a Telecommunications Licensing Agreement with Iowa Network Services. Summary: An agreement with Iowa Network Services to utilize public right-of-way for the relocation of portions of an existing communications network. Financial Impact: none Report Number: Date: September 21, 2015 Lead Department: Public Works Recommendation: Approve Background: Iowa Network Services (INS) of West Des Moines, Iowa is proposing a relocation of a portion of their telecommunications system installed in Newton over 15 years ago. INS has been directed to remove their equipment and vacate leased space on private property at 1 st Ave E and E 12 th St S. Because of this, their existing equipment is to be relocated to new leased space at 300 E 17 th St S. This relocation requires the installation of additional fiber optic lines to loop their system to the new location. The proposed improvements in the City right-of-way include: E 17 th St S, from 1 st Ave E to S 4 th Ave E S 4 th Ave E, from E 17 th St S to E 19 th St S The proposed route is to be installed entirely underground, with 2,364 LF in the City of Newton right-of-way. Based on the rates City Council established in Resolution No passed on April 16, 2012, the licensing fee for the portion of this line in City of Newton right-of-way is $2, The Public Works Department has reviewed the route of the proposed improvements and will be working with INS and the installation contractor to eliminate conflicts with existing utilities and other possible future improvements. The proposed route submitted by INS minimizes surface disturbances by utilizing directional boring methods. All construction work and surface restoration proposed on this project will be subject to this agreement, along with a separate right-of-way excavation permit issued by the Public Works Department. Recommendation: City staff recommends approval of the telecommunications licensing agreement with Iowa Network Services of West Des Moines, Iowa. Robert Knabel City Administrator Attachment

60 RESOLUTION NO RESOLUTION APPROVING TELECOMMUNICATIONS LICENSING AGREEMENT WITH IOWA NETWORK SERVICES WHEREAS, Iowa Network Services (INS) of West Des Moines, Iowa has requested the use of City owned right-of-way for the construction and maintenance of a telecommunications system; and WHEREAS, said telecommunications system would be a relocation of a portion of an existing communications system installed over 15 years ago; and WHEREAS, said telecommunications system would include the following proposed segments in the City right-of-way: E 17 th St S, from 1 st Ave E to S 4 th Ave E S 4 th Ave E, from E 17 th St S to E 19 th St S; and WHEREAS, the proposed route of said telecommunications system is entirely underground with 2,364 LF to be installed in the City of Newton right-of-way; and WHEREAS, the City of Newton has prepared a licensing agreement for the construction and maintenance of said telecommunications system based on that portion of said telecommunications system inside the City right-of-way; and WHEREAS, based on the rates City Council established in Resolution No passed on April 16, 2012, the licensing fee for the portion of this line in City of Newton right-of-way is $2, NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Newton, Iowa, that the City hereby authorizes the Mayor and City Clerk to execute the attached Licensing Agreement with Iowa Network Services of West Des Moines, Iowa. PASSED this day of September APPROVED this day of September ATTEST: Michael L. Hansen, Mayor Katrina Davis, City Clerk

61 A LICENSE TO UTILIZE PUBLIC RIGHT-OF-WAYS FOR THE INSTALLATION, OPERATION AND MAINTENANCE OF A FIBER OPTIC NETWORK SECTION 1. DEFINITIONS a. City shall mean the City of Newton, Iowa and, where appropriate, shall include its officers, employees and agents. b. Public Improvements shall mean any improvements as defined in Code of Iowa Section , including but not limited to paving, sidewalks, grass, vegetation, trees, street lights, traffic signals, water mains, sewers, electric transmission lines and equipment related thereto, and in addition public utilities, on Public Property. c. Public Property shall mean City-owned or controlled public rights-of-way, easements, bridges, squares or commons. d. Licensee shall mean Iowa Network Services of West Des Moines, Iowa and shall include all equipment owned, operated, leased or subleased in connection with the operation of the network, and shall include but not be limited to poles, overhead or underground wires, pipes, overhead or underground cables, underground conduits, ducts, manholes, vaults, fiber optic cables, and other structures or appurtenances. SECTION 2. BASIC GRANT Licensee is hereby granted a license to construct, maintain, inspect, protect, repair, replace and retain a communications system in, under, upon, along and across the Public Property shown and identified in Exhibit A hereto, subject to the regulatory powers of the City and subject to the conditions hereinafter set forth. SECTION 3. TERM OF LICENSE This License shall consist of two separate duration periods, a construction period and a maintenance period. Both periods commence on the execution of the license by both parties. Construction Licensee shall have a period of 18 months to put into place the utilities, which Licensee has provided the details on pursuant to other sections of this License. Maintenance - Licensee shall have the right under this License, after providing proper notice to the City, to maintain/repair its existing utilities. The expansion of (either in geography or in size/capacity) or upgrading of the utility is not considered maintenance/repair. SECTION 4. FEES REQUIRED a. Licensee shall pay the City an administrative license fee in the amount of $2, (two thousand, four hundred twenty-seven dollars and sixty cents), payable upon execution of this License, for use of the public property as shown in Exhibit "A" during the term of this License. b. If during the term of this License the City enacts an Ordinance requiring compensation from telecommunications providers on a competitively neutral and nondiscriminatory basis for use of public property Licensee shall within sixty (60) days after request by City pay the fees required by such Ordinance, as if the Ordinance were in effect on - 1 -

62 the date hereof. Any fees paid during the term of this License, however, shall be credited toward the fees required by the Ordinance. If the Ordinance enacted requires fees for this transaction which are less than $2,427.60, the City shall refund the excess of $2, over the fees required under such Ordinance, provided, however, that in no event shall the amount refunded exceed the sum of $2, SECTION 5. PERMIT PROCESS FOR INSTALLATION, REPAIR, EXTENSION OR EXPANSION OF THE NETWORK Before commencing any extension or expansion of its system, or any major repair work, or the installation of any new system in the City, the Licensee shall file with the Public Works Department of the City a written statement verifying the Public Property under which or upon which it proposes to extend, expand, install or repair its system. The statement shall be accompanied by a map, plan or specifications showing the proposed location of the system components with reference to streets and alleys and the location of other utilities, the size and dimensions of all facilities, and the distance above or beneath the surface of the ground it is proposed to repair or to lay the same. If the proposed locations of any facilities shall interfere with the reasonable and proper use, construction, reconstruction and maintenance of any public improvements or any existing public utility system component, or other structure upon or under public property, the Public Works Director shall within 30 days after the filing of such plan, map or specifications, note the changes necessary, eliminate all interference with a public improvement or existing public utility system facility and refer the same back to the Licensee for amendment. Such map, plan or specifications, when properly changed and corrected, shall be filed in the Public Works Department, and after the approval of the same by the Public Works Director, a permit shall be issued authorizing the Licensee to proceed in accordance with the approved maps, plans or specifications. No such excavation, construction or erection shall be commenced before the issuance of the permit herein provided for, unless it is an emergency as described in the Newton City Code, and all work shall be in accordance with the approved maps, plans or specifications. SECTION 6. CONSTRUCTION AND REPAIR OF NETWORK In the process of location, construction, reconstruction, replacement, or repair of any system component, the excavation or obstruction made or placed in public property at any time or for any purpose by the Licensee shall, to protect the public and to assure the safe and efficient movement of traffic, be properly barricaded to comply, at a minimum, with requirements set forth in the Manual on Uniform Traffic Control Devices (MUTCD). All pavement taken up or damaged or other disturbed areas shall be properly and speedily replaced in accordance with the City s Regulations. As a condition to use of Public Property, the Licensee shall at its own expense repair any private property, utility system component, public improvement or Public Property damaged by such location, construction, reconstruction, replacement or repair work, in a manner reasonably acceptable to City. If the Licensee fails to repair or arrange with the City for the proper repair of any Public Property after excavations have been made, and after seven days notice in writing to do so is given to its designated representative, the City may make such repairs at the expense of the Licensee. SECTION 7. EXCAVATIONS The Licensee is authorized to make excavations in City streets, avenues, alleys and public property for purposes of routine repair, replacement, and maintenance of poles, wires, or other excavations. The Licensee shall obtain a permit pursuant to City Ordinances and Regulations, shall not unnecessarily obstruct the use of streets, avenues, alleys or public - 2 -

63 places, shall provide the Public Works Director with notice prior to the actual commencement of the work and shall comply with all provisions, requirements, and regulations in accordance with the existing City Ordinance in performing such work. In emergencies which require immediate excavation the Licensee may proceed with the work without first applying for the permit, provided, however, that the Licensee shall apply for and obtain the permit as soon as possible after commencing such emergency work. If the Licensee fails to comply with the provisions of the City Code the City may repair or restore the public property to a condition as good as the condition of the property prior to the disturbance by the Licensee and the Licensee shall pay the costs of such repair or restoration. The Licensee shall pay to the City its costs and charges for such work within thirty days after receipt of the City s billing. SECTION 8. WORK BY OTHERS, ALTERATION TO CONFORM WITH PUBLIC IMPROVEMENTS The City reserves the right to lay, and permit to be laid, wires, pipes, cables, conduits, ducts, manholes and other appurtenances, and to do, or permit to be done, any underground and overhead installation or improvement that may be deemed necessary or proper by the City in, across, along, over or under any public property occupied by the Licensee and to change any curb or sidewalk or the grade of any street. In permitting others to do such work the City shall not be liable to the Licensee for any damages arising out of the performance of such work by other parties. Nothing in this License shall be construed as to relieve any other person or corporation from liability for damage to the Licensee s facilities. SECTION 9. LICENSEE CONTRACTORS The requirements of the License shall apply to all persons, firms or corporations performing work for the Licensee under a contract, subcontract or other type of work order. SECTION 10. CONDITIONS OF STREET OCCUPANCY This fiber optic cable systems and other components of the facilities erected by the Licensee within the City shall conform to established grades of streets, alleys, and sidewalks, and be so located as to cause minimum interference with other public utilities located in or upon public property, and to cause minimum interference with the rights or reasonable convenience of property owners who adjoin public property. The Licensee shall conduct its work hereunder in such manner as to cause as little interference as possible with pedestrian and vehicular traffic, and shall abide by scheduling directions, if any, given by the Public Works Director. The Licensee shall, upon reasonable notice and at its sole cost and expense, remove, locate and relocate its facilities in, on, over or under public property in such manner as the City may at any time require for the purpose of facilitating the construction, reconstruction, maintenance, repair or change in grade of any public improvement on, in or about any such public property, for the purpose of promoting the efficient operation of any such improvement, or for the purposes of facilitating the vacation and/or redevelopment of public right-of-way by the City. In the event the Licensee fails to act within a reasonably allocated time, the City may cause the Licensee facilities to be relocated or removed, and the costs thereof shall be to the Licensee and shall be paid as provided in Section 6 hereof

64 The Licensee shall not place its facilities in the public property where the same will interfere with the normal use or maintenance of any public improvement including but not limited to streets, alleys, sidewalks, traffic control devices, sanitary sewers, storm sewers, storm drains or water mains, or electrical transmission lines, or any public utility facility. Upon request, the Licensee agrees to assist in locating underground facilities which are part of its system. Such assistance will be provided in a timely manner, but not more than forty-eight hours after the time of request. As a condition of this License the Licensee shall enroll as a member of the Iowa One-Call System and shall respond to all requests and notifications placed to the toll free One-Call number. Installation, repair, or replacement work completed by the Licensee on any facilities requiring excavation of public property or public right-of-way shall require restoration and replacement of surface vegetation with sod in conformance with city ordinances and in accordance with standard local practices for placing sod. SECTION 11. POWERS OF CITY Nothing in this License shall be construed to abridge the right or power of the City to make further regulations relative to the use of the streets, alleys and public grounds by anyone using the same for the erection and maintenance of utility systems. SECTION 12. PLANS AND COORDINATION Upon completion of the work the Licensee shall promptly furnish to the City copies of asbuilt plans related to its facilities located on Public Property. The Licensee shall keep complete and accurate maps and records on the locations and operations of its facilities in connection with this License. SECTION 13. VIOLATIONS OF LICENSE Upon evidence being received by the City that a violation or breach of this License or violation of codes or ordinances lawfully regulating the Licensee in the operation of its facilities, or in the use of public property therefore is occurring or has occurred, (hereinafter referred to as a default ) the City shall cause an investigation to be made. If the City finds that a default exists or has occurred the City may take appropriate steps to secure compliance with the terms of this License or the codes or ordinances. The City shall notify the Licensee of the default and the Licensee shall cure such default within thirty days after receipt of such notice; provided, however, where any such default cannot reasonably be cured within such thirty (30) day period, if Licensee shall proceed promptly to cure the same and prosecute such cure with due diligence, the time for curing such default shall reasonably be extended for such period of time as may be necessary to complete such cure, as mutually agreed upon by the parties. to: If the Licensee fails to cure a default within the time allowed the City shall have the right (i) seek specific performance; or (ii) remedy the default by doing the act itself, or through a contractor, and charge the costs of such work to the Licensee; or (iii) seek damages for such default; or - 4 -

65 (iv) any combination of (i), (ii) and (iii). SECTION 14. LIABILITY, INDEMNIFICATION AND INSURANCE The Licensee covenants to indemnify, defend, and save the City and its officers, agents and employees, harmless from any and all damages arising directly from the exercise of the rights granted herein. The Licensee agrees to require contractors and subcontractors engaged in work for the Licensee within the public rights-of-way or on public property to maintain in effect during the term of work liability insurance in comprehensive form and in the amounts to be set by the City. Licensee agrees to accept the risk of having its communications systems and equipment upon the public right-of-way, including the possible risk of damage or injury to its system or equipment, and agrees to release and discharge the City of any liability for damage or injury to Licensee s equipment, except to the extent caused by the City s gross negligence. In no event shall the City be liable for any consequential damages arising out of any damage or injury to Licensee s equipment placed in the right-ofway. SECTION 15. SEVERABILITY In the event that a court of competent jurisdiction shall adjudge any provision or provisions hereof invalid or illegal, or direct a change by the Licensee in any matter or thing herein contained, such invalidity or illegality or change shall in no way affect the remaining provisions of this License or their validity or legality, and this License in all other respects shall continue in full force and effect, as if said provision or provisions had not been so adjudged invalid or illegal, or such change had not been directed, or shall at the City s option, cause a termination of this License. SECTION 16. ASSIGNMENT Neither party shall assign or otherwise transfer this License or any of its rights and interest to any firm, corporation or individual without the prior written consent of the other party, except either party shall have the right to assign, convey or otherwise transfer its rights, title, interest and obligations under this License, in whole or in part, to any entity controlled by, controlling or under common control with a party hereto, or any entity into which a party may be merged or consolidated or which purchases all or substantially all of the assets of such party, or any lease, sublease, indefensible right of use, or sale or transfer of, conduit, fiber or similar facilities with Licensee's telecommunication system to any third party users of such facilities. SECTION 17. VACATION OF STREETS AND ALLEY So long as the Licensee exercises the rights granted to it hereunder the City will not, by ordinance or otherwise, vacate any street, alley or public way in which the Licensee has installed its facilities without reserving such rights as necessary to allow continued use of such property for the said facilities in accordance with the terms of this License, provided that nothing herein shall limit the City s right to require the Licensee to relocate it facilities as provided in Section 10 hereof. SECTION 18. DELIVERY OF NOTICES Except as may be expressly provided herein, any notices hereunder shall be in writing and shall be delivered via certified mail and addressed as follows, unless indicated otherwise in the future: - 5 -

66 If to City: If to Licensee: Newton Public Works Director 1700 North 4th Avenue West Newton, Iowa Iowa Network Services - Attn: Jeff Klocko 4201 Corporate Dr. West Des Moines, IA Provided, however, that in the case of an emergency, notices may be given verbally to the above named persons. In such case written confirmation should be provided. Nothing contained herein shall prevent other forms of notice if actually received by the addressee. Notice shall be deemed given on the date of mailing in done by certified mail, or otherwise on the date actual notice is received. SECTION 19. TELECOMMUNICATIONS ACT This License is subject to all applicable federal, state and local laws, regulations and orders of governmental agencies as amended, including but not limited to the Communications Act of 1934 as amended, the Telecommunications Act of 1996 as amended and the Rules and Regulations of the FCC. Neither City nor Licensee waive any rights they may have under any such laws, rules or regulations. This LICENSE is entered into as of the day of, LICENSEE CITY OF NEWTON By: Title: By: Attest: Mayor City Clerk - 6 -

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69 City of Newton Council Report Item: Resolution Approving a Property Tax Rebate for Newton Enterprises, LLC, for Property Located Within the North Central Urban Renewal Area Summary: An Agreement with Newton Enterprises provides for a partial TIF rebate of property tax payments for the former Maytag Headquarters campus. Financial Impact: A total of $85, would come from the North Central Tax Increment Financing District fund, per the Budget. Report Number: Date: September 21, 2015 Lead Department: Finance and Development Recommendation: Approval Background: In April of 2012, the Newton City Council approved a Redevelopment Agreement with Newton Enterprises, LLC, for the company to acquire the former Maytag headquarters campus and utilize it for a variety of businesses. The Agreement called for a series of partial property tax rebates if certain development performance standards were met. For this current fiscal year, the City is obligated to provide a rebate of all the property taxes that Newton Enterprises pays into the North Central TIF District for valuation above $1,500,000. The TIF property taxes that are subject to the rebates do not involve the full property tax bill for the Newton Enterprises campus. The TIF taxes represent about 87% of the full property tax bill, since the TIF District does not receive the tax payments that are for City, County, and School debt service and School Physical Plant and Equipment Levy. In order to be eligible for this fiscal year s rebates, Newton Enterprises must provide documentation that either the total employment on their campus is at least 175 full time employees or that at least 60,000 square feet of the campus is being utilized by users, other than for storage or warehousing. Newton Enterprises has stated that both thresholds have been met and has provided documentation for the space usage. On September 10, 2015, Newton Enterprises paid its full year property taxes in the amount of $160, for its assessed valuation of $4,518,350 and has requested the rebate per the terms of the Development Agreement. Utilizing a TIF tax rate of $35.31 per $1000, the rebate amount calculates to $85,487.61, which is accounted for in the North Central TIF District Budget. Newton Enterprises has met its obligations in the Development Agreement, so this rebate request is appropriate.

70 Recommendation: Staff recommends approval of the attached Resolution approving the rebate payment. Robert L. Knabel City Administrator Attachments

71 RESOLUTION NO RESOLUTION APPROVING A PROPERTY TAX REBATE FOR NEWTON ENTERPRISES, LLC, ON PROPERTY LOCATED WITHIN THE NORTH CENTRAL URBAN RENEWAL AREA WHEREAS, the City of Newton (City) has established the North Central Urban Renewal Area; and WHEREAS, an Agreement for Private Development (Agreement) with Newton Enterprises, LLC (Developer) for maintaining and developing the former Maytag Headquarters campus at 403 West 4 th Street North in Newton, within the North Central Urban Renewal Area, was approved by the Newton City Council on April 16, 2012, and WHEREAS, said Agreement provides that the City provide to the Developer Economic Development Property Tax Rebates, and WHEREAS, the Developer having maintained and operated the campus, met the required threshold of usage of over 60,000 square feet of space, and paid its property taxes for the full fiscal year in the amount of $160,386.00, is eligible to receive a rebate of $85,487.61; NOW, THEREFORE, BE IT RESOLVED by the City Council of Newton, Iowa: That, per the terms of the Agreement for Private Development with Newton Enterprises, LLC, that a property tax rebate for the fiscal year in the amount of $85, is hereby approved. PASSED this day of September, APPROVED this day of September, ATTEST: Michael L. Hansen, Mayor Katrina Davis, City Clerk

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78 City of Newton Disbursements September 9, 2015 Vendor Department Description Amount Acme Materials Co Golf Supplies $ Acushnet Company Golf Merchandise $ Alliant Energy All Utility $ 8, Armstrong, Craig Economic Development Reimbursement $ Arrow Pest Control LLC Water Pollution Control Service $ BARCO Municipal Product Traffic Control Supplies $ Barney's Wrecker & Crane Police Service $ Bituminmous Materials & Supply Street Supplies $ 1, Black Hills Energy All Utility $ BlueTarp Financial Inc Cemetery Supplies $ Brick Gentry P.C. Legal Services Service $ 6, Buchanan, Veralea I&I Program Reimbursement $ Bullet Guard Police Equipment $ 6, Callaway Golf Golf Merchandise $ Card Services All Training/Equipment $ 10, Carolina Software Landfill Supplies $ Carpenter Uniform Fire Merchandise $ CDW Government Inc Engineering Software $ Civil Design Advantage LLC Speedway/Prairie Fire TIF Service $ 2, Clapsaddle-Garber Assoc Airport Service $ 2, Colonial Research Water Pollution Control Supplies $ Cox, Janet Police Supplies $ Creative Services of New England Police Supplies $ D & K Products Parks/Cemetery/Golf Supplies $ 6, Davis, Katrina Administration Reimbursement $ Des Moines Register Public Works Administration Subscription $ Des Moines Stamp Mfg Planning & Zoning Supplies $ Dickinson Co Inc Parks Service $ 1, Digity Media LLC Planning & Zoning Service $ Doors Inc Parks Supplies $ 2, Dr R Paul Groben Fire Service $ Earl May Nursery & Garden Fire Supplies $ Elliott Equipment Co Water Pollution Control Supplies $ Forbes Office Solutions All Supplies $ 1, Foth Infrastructure & Environment Water Pollution Control Service $ 2, Four Points Golf Cars Golf Supplies $ G and L Clothing Water Pollution Control/Engineering Clothing $ G&K Services All Service $ Gralnek-Dunitz Landfill Supplies $ Grinnell Safe & Lock Water Pollution Control Service $ 9.50 Hammer Medical Supply Fire Supplies $ Hawkeye Exterminators Water Pollution Control Service $ Hilltop Tire Service Fire Service $ Hillyard / Des Moines Fire Supplies $ Hook, Ryan Housing Demolitions Service $ Hornung's Golf Merchandise $ Howe Excavating Housing Demolitions Service $ 1,

79 Hy-Vee Inc Home Town Rewards Supplies $ iheartmedia Planning & Zoning Service $ 4, Image Trend Inc Fire Service $ IMWCA All Insurance $ 38, International Assoc of Chiefs of Police Police Membership $ Interstate Battery - Ames Fire Supplies $ Iowa Chapter APWA Street Training $ Iowa Communities Assurance Pool Tort Liability Insurance $ Iowa Law Enforcement Academy Police Service $ Iowa One Call Engineering Service $ Iowa Portable Toilet Service Parks Service $ Iowa Prison Industries Parks Supplies $ Iowa Pump Works Landfill Supplies $ 2, JA King Landfill Service $ Jasper County Clerk Police Service $ Jasper County Environmental Health Maytag Pool Inspection $ Jasper County Recorder Maytag Plant 2 TIF Service $ Jasper County Treasurer All Property Taxes $ 24, John Lee Photography Police Service $ Johnson Aviation Airport Reimbursement $ KCWI-TV Planning & Zoning Service $ Kellogg Lawn & Snow Parks Supplies $ Key Cooperative All Fuel $ 8, Keystone Labs Landfill/Street Service $ Kinetic Edge Physical Therapy All Service $ Lands' End Business Outfitters Planning & Zoning Supplies $ Lauterbach Buick-Pontiac City Garage Supplies $ Lawson Products Inc City Garage Supplies $ Logan Contractors Supply Street Supplies $ 1, Lyman, Rick Housing Demolitions Service $ Magnum Automotive Water Pollution Control Service $ Mahaska Bottling Co Golf Concessions $ Manatts - D.M. Snow Removal/Street Supplies $ 6, Martin Marietta Materials Snow Removal Supplies $ 2, McMaster-Carr Water Pollution Control Supplies $ Methodist Occupational Health & WellnesFire Service $ 1, Miller Mechanical Specialties Water Pollution Control Service $ NAPA Auto Parts All Supplies $ 1, News Printing Company All Publications $ 1, Newton Correctional Facility Street Service $ O'Reilly Auto Parts Parks/Police Supplies $ Per Mar Security Services Landfill Service $ Photo Card Specialists Fire/Police Merchandise $ PING Golf Merchandise $ 1, Quick Lane Tire & Auto Police Service $ Quill Corporation Administration/Police/Finance Supplies $ RDJ Specialties Fire Supplies $ Reserve Account-Pitney Bowes Finance Postage $ 3, Sandry Fire Supply LLC Fire Merchandise $ Shive-Hattery Inc Community Betterment Fund Service $ 1,

80 Shoe Department Fire Merchandise $ Shred-it USA Inc Fire/Police/Administration Service $ Sign Pro Street Service $ Smith Quality Rental Parks Supplies $ Southeastern Emergency Equipment Fire Supplies $ 1, Spahn & Rose Lumber Co All Supplies $ Springer Professional Home Services Golf Service $ Strategic Insights Inc Public Works Administration Supplies $ 1, Taylor Made Golf Golf Merchandise $ Terracon North Central TIF Service $ 1, Theisen's All Supplies $ Truck Equipment Street Supplies $ True Value Hardware All Supplies $ Two Rivers Cooperative All Fuel $ 7, UBBEN Building Supply Engineering Supplies $ ULINE Fire Supplies $ Ultramax Ammunition Police Supplies $ 3, United States Cellular All Utility $ 1, UnityPoint Clinic-Occupational All Service $ Utility Equipment Co Water Pollution Control Supplies $ Van Meter Inc PW Building Supplies $ Van Wall Equipment Fire Part $ Warner Plastics and Liners Street Supplies $ Warnick & Reeves Mechanical Street/Landfill/Airport Supplies $ Water Department All Utility $ Wellik, Jarrod Fire Reimbursement $ Windstream All Utility $ 2, WPS Medicare Part B Fire Reimbursement $ Zoll Fire Supplies $ TOTALS: $ 196, Pre Authorized Payments: Black Hills Energy All Utility $ Windstream All Utility $ 1, Caldwell, Brierly, Chalupa, Nuzum Trust Housing Demolitions Demolitions $ 67, Doucette, Denise Water Pollution Control I&I Reimbursement $ WRH, Inc Water Pollution Control Capital Project $ 8, Iowa Beverage Systems Golf Concessions $ Doll Distributing Golf Concessions $ 1, Alliant Energy All Utility $ 47, ACH Payments from Great Southern Bank: State of Iowa Golf/Park/Landfill/Water Pollution Control Sales Tax $ 2, Advantage Administrators All Insurance $ Great Southern Bank Park/Golf Service $ Payroll All Payroll $ 371,

81 City of Newton Council Report Item: Ordinance amending the Code of Ordinances, City of Newton, Iowa, 2011, Title 2, Chapter 11, Article 8, Other Traffic Offenses Stops by adding stop signs at the intersection of S Eleventh Avenue E and E Fourteenth Street S. Summary: Install stop signs to improve safety at an intersection. Financial Impact: Minimal. Report Number: Date: September 8, 2015 Lead Department: Public Works Recommendation: Approve Background: Citizens had expressed safety concerns about the East 14 th Street South and South 11 th Avenue East intersection. This neighborhood was analyzed and presented to City Council in an Ordinance adopted at the August 3, 2015 City Council meeting. This Council Report mentioned the need for stop signs at this intersection however it was not included in the written Ordinance amendment. Because East 14 th Street South has a higher traffic volume in this neighborhood and the East 14 th Street crown is continuous through the intersections, the City Traffic Safety Committee recommends that traffic on South 11 th Avenue East stop at East 14 th Streets South. Recommendation: City Staff recommends approval of the Ordinance amendment for stop signs to be added at the intersection of South 11 th Avenue East and East 14 th Streets South to improve safety. Robert Knabel City Administrator Attachments

82 ORDINANCE NO. ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF NEWTON, IOWA, 2011, TITLE 2, CHAPTER 11, ARTICLE 8, OTHER TRAFFIC OFFENSES STOPS BY ADDING STOP SIGNS AT THE INTERSECTION OF S 11 TH AVENUE E AND E 14 TH STREET S BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEWTON, IOWA: Section 1. The Code of Ordinances, City of Newton, Iowa, 2011, Title 2, Chapter 11, Article 8 Other Traffic Offenses - Stops, Section is hereby amended by adding or deleting the following: SPECIAL STOPS REQUIRED. Every driver of a vehicle shall stop and yield in accordance with the following: South Eleventh Avenue East. Vehicles traveling on South Eleventh Avenue East shall stop at the following street intersections (A) (B) (BC) East Twelfth Street South, Westbound only. East Fourteenth Street South. East Fifteenth Street South. Section 2. Repealer Clause. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 3. Severability Clause. If any section, provision or part of this ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Section 4. Effective. This ordinance shall be effective on, 2015, after the final passage, approval and publication as provided by law. PASSED this day of, APPROVED this day of, ATTEST: Michael L. Hansen, Mayor Katrina Davis, City Clerk I, Katrina Davis, City Clerk of the City of Newton, Iowa, do hereby certify that the foregoing Ordinance was passed and approved by the City Council of the City of Newton, Iowa on the day of, 2015 and was published in the Newton Daily News, a newspaper of general circulation in the said City of Newton on the day of, Dated this day of, Katrina Davis, City Clerk

83 City of Newton Council Report Item: Ordinance Amending the Code of Ordinances, City Of Newton, Iowa, 2011, Title 2, Chapter 13, Article 3, Animal Protection and Control Animal License Required Summary: This Ordinance change will allow the Newton Police Department or Designee to sell animal licenses for the City of Newton. Financial Impact: None Report Number: Date: September 14, 2015 Lead Department: Police Department Recommendation: Approve Background: The Police Department and the Jasper County Animal Rescue League (ARL) recently reviewed the process and procedures for licensing animals within the City. That review was made in response to several incidents where animals were picked up by the Jasper County ARL, but were not licensed. When the animal owner would come to the Jasper County ARL to retrieve their animal, they were advised of the need to license their animal with the City and were then allowed to take the animal home. Many of the animals were subsequently never licensed and their proof of rabies shots never verified. Through this review with the Jasper County ARL, they have agreed to sell City Animal Licenses and not allow an animal to be retrieved until the license and rabies vaccinations have been administered and purchased. A local veterinarian has agreed to provide the vaccinations on site with the cost of license, vaccination and impound fees being the responsibility of the animal owner. This process will ensure all animals leaving the Jasper County ARL are vaccinated and licensed through the City. After the review, the City wishes to revise the Ordinance to allow the Police Department or designee to sell the licenses with all licensing fees coming back to the City. This is to enhance the safety of all animals, citizens and visitors of Newton. Recommendation: City Staff recommends approval of this Ordinance change. Robert Knabel City Administrator Attachment

84 ORDINANCE NO. ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF NEWTON, IOWA, 2011, TITLE 2, CHAPTER 13, ARTICLE 3, ANIMAL PROTECTION AND CONTROL REGARDING ANNUAL LICENSE REQUIRED. WHEREAS, the City Council of Newton, Iowa and staff have reviewed the current ordinance governing requiring annual licenses and found expansion and clarification of the ability to issue and record animal licenses to be in the best interests of the citizens of Newton; and WHEREAS, after due notice and hearing as provided by law, the City Council now deems it reasonable and appropriate to amend the Code of Ordinances to reflect City policy on the regulation of animals to protect the health, welfare, and safety of the public. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEWTON, IOWA: Section 1: The Code of Ordinances of the City of Newton, Iowa, 2011, Title 2, Chapter 13, Article 3 Animal Protection and Control is hereby amended by deleting (B) in its entirety and substituting in its place as follows: ANNUAL LICENSE REQUIRED. B. Such license shall be issued and recorded by the police department or designee and affixed to each animal by its owner to a substantial collar and, during the term of the license, shall be at all times kept on the animal for which the license is issued. Section 2: Repealer Clause. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 3: Severability Clause. If any section, provision or part of this ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Section 4: Effective. This ordinance shall be in full force and effect after its passage, approval and publication as provided by law. PASSED this day of, APPROVED this day of, ATTEST: Katrina Davis, City Clerk Michael L. Hansen, Mayor I, Katrina Davis, City Clerk of the City of Newton, Iowa, do hereby certify that the foregoing Ordinance was passed and approved by the City Council of the City of Newton, Iowa on the day of, 2015 and was published in the Newton Daily News, a newspaper of general circulation in the said City of Newton on the day of, Dated this day of, Katrina Davis, City Clerk

85 City of Newton Council Report Item: Ordinance Amending the Code of Ordinances, City Of Newton, Iowa, 2011, Title 2, Chapter 11, Article 10, Parking Offenses Summary: Eliminate all parking meters in the downtown area, to include the 5 lots and square area and make the City lots free parking areas with a 72 hour parking limit. Financial Impact: Estimated annual revenue loss of $25,000 Report Number: Date: September 15, 2015 Lead Department: Police Department Recommendation: Approve Background: The City has 5 metered lots that contain 248 parking meters with an additional 12 parking meters situated around the Newton square area. Presently 60 of those parking meters are malfunctioning or are broken beyond repair. Estimates to repair or replace the existing inoperable meters are nearly $27,000 ($450 per unit). A usage audit of the metered lots was conducted during May of 2015 and City Staff found the usage of the metered lots averaged only 28% of the available parking capacity in each lot. City Staff conducted a public survey in July of 2015 which resulted in nearly 80% of the respondents being favorable of removing parking meters from all 5 City owned parking lots in the downtown area and make the lots free public parking, with a 72-hour limit. Removing all parking meters and making all City parking lots free for use would also eliminate the need for parking permits and lease fees of private businesses who lease portions of City lots. The City would refund all current parking permits ($3,000) upon the recommended Ordinance change taking effect and would begin the process of removing and selling the old parking meters. The elimination of the parking meters, lease fees and parking permits would have an estimated annual revenue loss totaling $25,000. The revenue loss for the rest of FY16 is estimated at $26,600 after refunding parking permits and accounting for the parking revenue already collected from July-September of The Parking Enforcement Attendant s position would be retained and would still be responsible for enforcing the 3-hour parking Ordinance in and around the uptown area. After the Ordinance is adopted, Staff recommends the Parking Enforcement Attendant s duties change to that of a civilian Community Service Officer, and in addition to the 3-hour parking enforcement, would assist with enforcing the dog/cat Ordinance, filing, data entry, selling and processing animal licenses, City-wide parking enforcement, picking up found bikes, traffic direction, motorist assists, department tours, community policing activities and other similar duties.

86 The removal of the downtown parking meters would make the downtown area more inviting to business customers and visitors to our community and would allow for a better parking alternative to downtown business owners and employees. Recommendation: City Staff recommends approval of this Ordinance change. Robert Knabel City Administrator Attachment

87 ORDINANCE NO. ORDINANCE AMENDING THE CODE OFORDINANCES, CITY OF NEWTON, IOWA, 2011, TITLE 2, CHAPER 11, ARTICLE 10, PARKING OFFENSES BY ELMINATING PARKING METERS AND MAKING ALL CITY LOTS FREE PARKING AREAS WITH A 72 HOUR LIMIT NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEWTON, IOWA: Section 1: The Code of Ordinances of the City of Newton, Iowa, 2011, Title 2, Code of Ordinances, City Of Newton, Iowa, 2011, Title 2, Chapter 11, Article 10, Parking Offenses Section is hereby amended by adding or deleting the following: LIMITATIONS ON PARKING TIME TWO DESIGNATIONS THREE HOURS AND THIRTY MINUTES SEVENTY TWO HOURS Between the hours of 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding holidays, no vehicles shall be parked or left standing in a designated parking space within a two-hour or three hour parking zone or 30 minutes metered parking spot for a period longer than two (2) hours, or three (3) hours or in the metered parking spot with an expired meter, as the case may be. The streets, avenues and highways of the city designated in and , and are hereby designated to either: (A) three hour parking zones. Any vehicle occupying a designated parking space within a three (3) hour parking zone shall be removed from said space and relocated to another space or removed from the three (3) hour parking zone completely within three (3) hours (B) thirty (30) minute parking metered spots. Any vehicle occupying a designated parking space within a thirty (30) minute parking metered zone shall not be parked at the meter with an expired parking meter The Central Business District, defined as all property including sidewalks, streets, avenues and highways of the city situated within an area extending from and including the East Second Street right-of-way on the east to but not including the West Third Street right-of-way on the west and from the north curb line of the South Second Avenue right-of-way on the south to the south curb line of North Third Avenue on the north. Parking shall not be allowed in any part of the Central Business District designated elsewhere in this Code as a "No parking" zone Reserved Additional Three (3) Hour Parking Streets: (A) (A)(1) (B) (B)(1) (C) (C)(1) (D) (D)(1) (D)(2) (E) West Fourth Street South. 100 Block, East side. West Third Street North. 100 Block, East side. West Second Street South. 100 Block, both sides. West Second Street North. 100 Block, both sides. 200 Block, both sides. First Street South.

88 (E)(1) (F) (F)(1) (F)(2) (G) (G)(1) (G)(2) (G)(3) (H) (H)(1) (H)(2) (I) (I)(1) (I)(2) (J) (J)(1) (K) (K)(1) (L) (L)(1) 100 Block, both sides. First Street North. 100 Block, both sides. 200 Block, both sides. East Second Street North. 100 Block, west side. 300 Block, East side. 200 Block, West side, from North 2 nd Avenue, North to the alley. First Avenue West. 100 Block, both sides. 200 Block, South side. North Second Avenue West. 100 Block, both sides. 200 Block, both sides. First Avenue East. 100 Block, both sides. North Second Avenue East. 100 Block, both sides. North Fourth Avenue East 200 Block, both sides TWELVE 30 MINUTE PARKING METER SPACES ESTABLISHED (A) There are twelve parking meters, with 30-minute maximum-metered limit at the rate of five (5) cents per six (6) minutes (twenty-five (25) cents for thirty (30) minutes) (B) The locations shall be as follows: (B)(1) most parking spot (B)(2) most parking spot (B)(3) most parking spot (B)(4) most parking spot. West First Avenue in the 200 block on the south side, the eastern West First Avenue in the 100 block on the north side, the western West First Avenue in the 100 block on the north side, the eastern East First Avenue in the 100 block on the north side, the western (B)(5) North Second Avenue West in the 100 block on the north side, the western most parking spot (B)(6) North Second Avenue West in the 100 block on the north side, the eastern most parking spot.

89 (B)(7) North Second Avenue East in the 100 block on the north side, the western most parking spot (B)(8) West Second Street North in the 100 block on the west side, the southern most parking spot (B)(9) most parking spot. West Second Street North in the 100 block on the west side, the northern (B)(10) First Street North in the 100 block on the east side, the southern most parking spot (B)(11) First Street North in the 100 block on the east side, the northern most parking spot (B)(12) First Street North in the 200 block on the west side, one parking spot back from the southern most parking spot (C) Any vehicle which remains in an individual parking space set forth above, after the prescribed time of parking is hereby determined to be illegally parked; provided that in no event shall such vehicle be considered illegally parked if the metered display signal shows a proper deposit has been made for such parking (D) PRIMA FACIE EVIDENCE OF ILLEGAL PARKING. All parking is prohibited in any parking space where a meter is installed which displays a signal showing that parking is not permitted unless a deposit of a coin is made as provided in the preceding section. Any vehicle parked in contravention of this provision shall be deemed to be parked illegally under the provisions of this article. The fact that the vehicle is in an individual parking space when the time signal on the parking meter of the same shows no parking permitted unless a deposit of a proper coin is made as provided in the preceding section shall be deemed prima facie evidence of the unlawful parking of such motor vehicle by its operator or owner (E) OVERTIME PARKING. It shall be unlawful for any person to cause, allow or permit any vehicle registered in the name of or operated by them to be parked overtime or beyond the period of legal parking time established for any individual parking space metered as described this section (F) METER VIOLATION. It shall be unlawful for any person to permit a vehicle to remain or be placed in any parking place adjacent to any parking meter while the meter is displaying a signal indicating that the vehicle occupying such parking space is parked beyond the period of time prescribed for such parking space (G) Sections A, , (all), , , (all), (all), , (all) pertaining to parking meters and enforcement process are applicable to this section (all) and are adopted as if set forth herein The following shall also be deemed violations of this chapter: (A) Altering or erasing chalk or other marks made by parking enforcement personnel on vehicles parked within a three (3) hour parking zone (B) Making chalk or other marks on vehicles parked within a three (3) hour parking zone similar to marks made by parking enforcement personnel SPECIAL PARKING REGULATIONS. In addition to parking regulations imposed in the preceding subsections of Article 10, the Newton Police Chief or designee, may impose regulations on parking on city streets and property as needed to accommodate special events which, due to their nature, create special traffic considerations requiring specific parking regulations for a limited period of time. Said regulations or prohibitions as may be imposed will be clearly marked and posted with temporary signage An owner or operator of a vehicle in violation of the provisions of this section shall, in addition to receiving a parking citation, be responsible for towing expenses,

90 and said vehicle violating the said provisions of this section may be towed from the public streets within the city whenever said vehicle constitutes a traffic hazard Such special parking regulation shall be set out in a written notice signed by the chief of police and approved by the city administrator and filed with the city clerk for public inspection no later than twenty-four (24) hours prior to the application of said parking regulation LOADING ZONES. When signs are erected giving notice of "Loading Zone", parking is prohibited Monday through Saturday, except when a vehicle is involved in loading, unloading and delivery subject to the restriction that no vehicle shall occupy a loading zone for purposes of such loading, unloading and delivery at any time to exceed fifteen (15) minutes. The following are designated loading zones: Reserved East Third Street South, west side from a starting point at the northwest curbline of South Second Avenue East, then north one hundred forty-two (142) feet Reserved North Fourth Avenue East, Northside, from a point one hundred twenty six feet east of East Second Street North to a point one hundred seventy eight feet east of East Second Street North DISABLED IOWA DISTRICT COURT PERSONNEL PARKING PERMITS. The clerk of the Iowa District Court for Jasper County is hereby authorized to designate, in accordance with the following definitions, persons associated with the Iowa District Court who are required by their official duties to attend court for continuous periods in excess of the two hour three (3) hour parking limitation established for parking spaces located on the courthouse square, and who have the need, due to disability as defined below, to park in close proximity to the courthouse adjacent to the courthouse square. The clerk of court shall issue numbered permits, to be supplied by the Newton Police Department, to Iowa District Court personnel who qualify under this section, which permits shall be hung from the interior rear view mirror bracket of each permit holder s vehicle. The exhibition of such a permit in a vehicle parked in any regular parking space located immediately adjacent to the courthouse square, shall exempt such vehicle from the two-hour three (3) hour parking limitation that normally applies to such parking spaces. Such permits may be issued on a permanent or temporary basis depending on the specific need of the permit holder as determined by the clerk of court, and the clerk of court shall maintain and regularly update a formal register of permits issued, including the serial number of the permit, the date of issue, the name and address of the person to whom the permit was issued, the make, year, color and license plate number of the permit holder s vehicle, and the date of expiration of the permit. Said register shall be available for inspection by the Newton Police Department during regular business hours of the clerk of court. No more than six such permits shall be issued and in use at any time. It shall be the duty of the clerk of court to regain possession of any permit which has expired For purposes of this section, the following definitions shall apply: Disability shall be defined as any physical condition which qualifies a person for a handicapped parking permit issued by the State of Iowa, or which, in the judgment of the clerk of court, makes it unreasonably difficult for a person to reach the Jasper County courthouse from parking facilities located away from the courthouse square Iowa District Court personnel shall include judges, referees, lawyers, parties in litigation, defendants in prosecution, jurors, and witnesses subpoenaed to testify in court, and any other persons who are required to attend the court for continuous periods in excess of two (2) hours three (3) hours FREE MUNICIPAL PARKING LOTS. The following designated locations are hereby specified as free municipal parking lots to provide off-street parking in the congested area near the downtown business district in the city.

91 (A) Lots A, B, C, D and E, Block 21 of the Original Plat of the City of Newton, Jasper County, Iowa (B) (C) (D) Lots 5 and 6, Block 19 of the Original Plat of the City. Lots 5 and 6, Block 8 of the Original Plat to the City. Lots 7 and 8, Block 28 of the Original Plat of the City (E) Lots 1 and 2, except the east 55 feet thereof; and the north 44 feet, Lot 4 and south 22 feet, Lot 4, Block 9, Original Town, City of Newton, Jasper County, Iowa (F) Lots 1 and 2, block Block 10, Original Plat of the City (G) South 102 feet of Outlot (H) South feet of the north feet of Outlot (I) Lots of West Newton Reserved INDIVIDUAL PARKING SPACES. The public works director is hereby authorized and directed to designate and mark off individual parking spaces on the free municipal parking lot to provide for the proper parking of vehicles thereon. At each place where individual parking spaces are so marked off, each vehicle shall park head in only and entirely within an individual parking space FREE LOTS - CLEANUP TIME. Parking in free municipal lots is prohibited between the hours of midnight - 3:00 a.m. on Thursday of each week in order that the lot may be cleaned Reserved FREE LOTS - EIGHT HOUR LIMIT SEVENTY TWO (72) HOUR LIMIT. Parking in all other free municipal lots shall be limited to seventy two (72) consecutive hours FREE LOTS VEHICLES PROHIBITED. No disused automobiles or automobiles which are being advertised or offered for sale shall be permitted to be parked or left standing upon a free municipal lot REPORTS OF VIOLATIONS. It shall be the duty of the police officers of the city, acting in accordance with instructions issued by the chief of police, to report: License Number. The license number of any vehicle parked on the free municipal lot in violation of any of the provisions of this article Time of Violation. The time during which such vehicle is parked in violation of any of the provisions of this article Other Facts. Any other facts, a knowledge of which is necessary to a thorough understanding of the circumstances attending such violation PARKING TICKETS TO BE ISSUED. Each police officer reporting a violation of the article shall also attach to the vehicle a notice to the owner or operator thereof that such vehicle has been parked in violation of this article, instructing such owner or operator to report at the police station of the city on regard to such violation METERED MUNICIPAL PARKING LOTS. The following designated locations are hereby designated as the metered municipal parking lots to provide off-street parking near the congested area in the downtown business district in the city: Lots A, B, C, D and E, Block 21 of the Original Plat of the City of Newton, Jasper County, Iowa.

92 Lots 5 and 6, Block 19 of the Original Plat of the City Lots 5 and 6, Block 8 of the Original Plat to the City Lots 7 and 8, Block 28 of the Original Plat of the City Lots 1 and 2, except the east 55 feet thereof; and the north 44 feet, Lot 4 and south 22 feet, Lot 4, Block 9, Original Town, City of Newton, Jasper County, Iowa Such metered municipal parking lots shall be operated according to the provisions of this article INDIVIDUAL PARKING SPACES. The public works director is hereby authorized and directed to designate and mark off such parking spaces on the metered municipal parking lots as the director deems proper for the parking of vehicles. At each place where individual parking spaces are so marked off, each vehicle shall park head in only and entirely within an individual parking space PARKING METERS. The chief of police is hereby authorized and directed to place, install, and remove parking meters on the metered municipal parking lots. One parking meter shall be located at each individual parking space as marked of by the street department. All meters shall be under the management, supervision and control of the chief of police PERMIT OR DEPOSIT OF COINS REQUIRED. Whenever a vehicle shall be parked in an individual space on a parking lot where parking meters have been installed, the person parking such vehicle shall either have a valid monthly parking permit as provided elsewhere in this article or shall deposit coins in the meter sufficient to pay the parking charge for such intervals of time as such vehicle may legally occupy such space METERED PARKING RATES. The length of time that parking is permissible in an individual parking space on metered municipal parking lots shall be one (1) hour, three (3) hours and ten (10) hours. The rate for parking in metered municipal parking lots shall be established by resolution of the City Council and the fee schedule shall be periodically amended as deemed appropriate by the Council. Notice to the public shall be given by appropriate signs setting forth the length of time for which parking is permitted and the conditions thereof. Such notice may be upon the parking meter or the immediate vicinity. Any vehicle which remains in an individual parking space after the prescribed time of parking is hereby determined to be illegally parked; provided that in no event shall such vehicle be considered illegally parked if the metered display signal shows a proper deposit has been made for such parking, or the vehicle displays a monthly permit sticker as provided elsewhere in this article Reserved METER RATES IN EFFECT. The provisions of this article requiring that coins be deposited in the parking meters in order to legally park a vehicle shall be applicable only between the hours of 9:00 a.m. and 5:00 p.m. on Tuesday, Wednesday, Thursday, Friday and Saturday; also between 9:00 a.m. and 9:00 p.m. on Monday. These provisions shall not be in effect on Sunday and holidays PRIMA FACIE EVIDENCE OF ILLEGAL PARKING. All parking is prohibited in any parking space where a meter is installed which displays a signal showing that parking is not permitted unless a deposit of a coin is made as provided in the preceding section. Any vehicle parked in contravention of this provision shall be deemed to be parked illegally under the provisions of this article. The fact that the vehicle is in an individual parking space when the time signal on the parking meter of the same shows no parking permitted unless a deposit of a proper coin is made as provided in the preceding section shall be deemed prima facie evidence of the unlawful parking of such motor vehicle by its operator or owner OVERTIME PARKING. Unless the person has a monthly parking permit, It shall be unlawful for any person to cause, allow or permit any vehicle registered in the

93 name of or operated by them to be parked overtime or beyond the period of legal parking time established for any individual parking space on the metered municipal parking lots described in this article METER VIOLATION. Unless the person has a valid monthly parking permit, is shall be unlawful for any person to permit a vehicle to remain or be placed in any parking place adjacent to any parking meter while the meter is displaying a signal indicating that the vehicle occupying such parking space is parked beyond the period of time prescribed for such parking space A TAMPERING WITH PARKING METERS. It shall be unlawful for any person to deface, injure, tamper with, open, willfully break, destroy or impair the usefulness of any parking meter installed under the provisions of this article DEPOSITING SLUGS. It shall be unlawful to deposit or cause to be deposited in any parking meter any slug, device, or metallic substance or any other substitute for a coin of the United States REPORT OF METER VIOLATIONS. It shall be the duty of the police officers of the city acting in accordance with instructions issued by the chief of police to report: Meter Number. The number of each parking meter which indicates that the vehicle occupying the parking space adjacent to such parking meter is or has been parking in violation of any of the provisions of this article Vehicle License. The state license number of such vehicle Time of Violation. The time during which the vehicle is parked in violation of any of the provisions of this article Other. Any other facts, a knowledge of which is necessary to a thorough understanding of the circumstances attending such violation PARKING TICKETS, PENALTY. Each police officer or parking enforcement attendant reporting a parking meter violation shall also attach to the vehicle a notice to the owner or operator thereof that such vehicle has been parked in violation of a provision of this article, instructing such owner or operator to report at the police department of the city in regard to such violation. Each owner or operator may, within forty-eight (48) hours thirty (30) days of the time when such notice was attached to such vehicle, pay at the police department or by deposit in authorized collection boxes as a penalty for and full satisfaction of such violation, a sum as established by resolution of the City Council. If such fine is not paid within forty-eight (48) hours thirty (30) days the fine shall be increased by an amount as established by resolution of the City Council and a complaint may be filed as provided by Chapter 804 of the Code of Iowa. The fee schedule shall be periodically amended as deemed as appropriate by the Council COLLECTION AND DISPOSITION OF COINS. The police chief shall designate some member of the police department to collect the coins deposited in the parking meters and deliver them to a place designated by the city administrator/clerk MONTHLY PARKING PERMIT FOR OFF-STREET METERED LOTS. Parking shall be permitted on a monthly basis for all off-street parking lots. Parking permits shall be sold and controlled by the Police Department. The parking permit shall be hung from the inside rear view mirror and may be transferred to another vehicle owned by the permit holder. A vehicle bearing a valid monthly parking permit shall be permitted to park in any available space in any off-street parking lot, at any time, subject only to the availability of space in any such lot. A monthly, quarterly or annual fee for such permit shall be established by resolution of the council. It shall be unlawful for any owner or operator of a vehicle displaying a permit which is not a valid permit according to Police Department records to park or permit to be parked such vehicle in a municipal parking lot without observing the provisions of this article, Permit holders shall return the issued parking permit to the Police Department is it is not renewed.

94 ARREST OR CITATION. Whenever a police officer has reasonable cause to believe that a person has violated any provision of this chapter such officer may: Immediate Arrest. Immediately arrest such person and take the violator before a local magistrate, or Issue Citation. Without arresting the person, prepare in quintuplicate a combined traffic citation and complaint as adopted by the Iowa Commissioner of Public Safety and deliver the original and a copy to the court where the defendant is to appear, two copies to the defendant and retain the fifth copy for the records of the city PARKING RESTRICTIONS VIOLATIONS: ALTERNATE. Admitted violations of any parking restrictions imposed by this chapter may be charged upon a simple notice of a fine, pursuant to the schedule below, payable at the police department or by deposit in authorized collection boxes. If such fine is not paid within seventy-two (72) hours thirty (30) days, the fine shall be increased as set by City Council resolution and a complaint may be filed as provided by Chapter 804 of the Code of Iowa. [Ord. No Eff. Date ] [1987 Code of Ordinances ] [Code of Iowa, (1a)] Section 2: Repealer Clause. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 3: Severability Clause. If any section, provision or part of this ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Section 4: Effective. This ordinance shall be in full force and effect after its passage, approval and publication as provided by law. PASSED this day of, APPROVED this day of, ATTEST: Katrina Davis, City Clerk Michael L. Hansen, Mayor I, Katrina Davis, City Clerk of the City of Newton, Iowa, do hereby certify that the foregoing Ordinance was passed and approved by the City Council of the City of Newton, Iowa on the day of, 2015 and was published in the Newton Daily News, a newspaper of general circulation in the said City of Newton on the day of, Dated this day of, Katrina Davis, City Clerk First reading: Second reading: Third reading: Publication Date:

95 City of Newton Council Report Item: Ordinance amending the City of Newton Code of Ordinances, Title 2, Chapter 13, Article 2, Garbage and Trash. Summary: The Ordinance amendments address the keeping of garbage and trash on unenclosed front porches. Financial Impact: No Cost Report Number: Date: September 21, 2015 Lead Department: Planning & Zoning Department Recommendation: Approve Background: Newton s Future, the current comprehensive plan, states community aesthetics is one of Newton s top priorities. To date, City Council and Staff have continually addressed property performance issues through improved regulations and improved enforcement. Currently, failing to clean up and remove garbage and trash from your property is a violation of the nuisance code. As we continue to look for better tools to address unkempt property in Newton, Staff has identified a need to update the Code section so that enforcement may be taken on properties failing to remove garbage and trash from unenclosed porches or decks. The solution to this issue is amending existing Code language (underlined language is an addition): Garbage, Trash, Etc. The depositing of, maintaining, permitting, or failing to remove, garbage, trash, rubbish, bottles, cans, or other refuse outside of a building on any property within the city, including large quantities of organic debris and materials, which accumulated by other than natural means, except neatly maintained compost piles. Outside of a building includes unenclosed decks and porches. Recommendation: City Staff recommends approval. Robert Knabel City Administrator Attachment

96 ORDINANCE NO. ORDINANCE AMENDING THE CITY OF NEWTON CODE OF ORIDNANCES, TITLE 2, CHAPTER 13, ARTICLE 2, GARBAGE AND TRASH WHEREAS, the Title 2, Chapter 13 of the Newton Code of Ordinances addresses the enforcement of nuisance regulations; WHEREAS, the a property owner s failure to remove garbage and trash from private property impacts neighborhoods and is, thus, regulated by Title 2, Chapter 13 of the Newton Code of Ordinances; WHEREAS, the ordinance amendments provide the tools to address the accumulation of garbage on trash on unenclosed porches or decks and any other portion of the property exterior to a building; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEWTON, IOWA: Section 1. Title2, Chapter 13, Article 2 is hereby amended by adding underlined (underlined) text as follows: Garbage, Trash, Etc. The depositing of, maintaining, permitting, or failing to remove, garbage, trash, rubbish, bottles, cans, or other refuse outside of a building on any property within the city, including large quantities of organic debris and materials, which accumulated by other than natural means, except neatly maintained compost piles. Outside of a building includes unenclosed decks and porches. Section 2. Repealer Clause. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 3. Severability Clause. If any section, provision or part of this Ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Section 4. Effective. This ordinance shall be effective on, 2015, after the final passage, approval and publication as provided by law. PASSED this day of, APPROVED this day of, ATTEST: (SEAL) Michael L. Hansen, Mayor Katrina Davis, City Clerk I, Katrina Davis, City Clerk of the City of Newton, Iowa, do hereby certify that the foregoing Ordinance was passed and approved by the City Council of the City of Newton, Iowa on the day of, 2015 and was published in the Newton Daily News, a newspaper of general circulation in the said City of Newton on the day of, Dated this day of, Katrina Davis, City Clerk

97 Memorandum To: From: Mayor and City Council Robert L. Knabel, City Administrator and Jarrod Wellik, Fire Chief Date: September 17, 2015 Subject: Responds to questions on Rental Permit Fee increase At its September 8 th Council meeting, the Council moved the final decision on the proposed increase on the Rental Inspection Permit fee to the September 21 st meeting. Council Member Chape asked that additional information be provided on: 1. How we arrived at the fee? 2. How we compare to comparable cities beyond those provided in the September 8 th packet? 3. Clarification on combining of the Crime Free and Fire Marshall costs, and 4. The impact of the fee on those using other outside resources to provide documentation. The following answers each of the four questions: 1. There are basically two reasons for requesting the $10 permit fee increase: increase cost for the Billing Specialist and the need to cover more of the program costs for the Rental Inspection Program. During the Budget Workshop, Fire Chief Jarrod Wellik presented information supporting the need to increase the Billing Specialist in the Fire Department at a cost of $13,400. Chief Wellik noted three reasons: changes in billing procedures and requirements for ambulance calls; improvements to the rental program and the initiation of the Crime Free, Multi-Housing Program. The following is an excerpt from the Budget Message covering this request: Billing Specialist in the Fire Department cost: $13,400 There are basically three reasons for this change: (a) calls Changes in the billing procedures and requirements for ambulance The following are some concerns that are being experienced in the 1

98 ambulance billing process that supported this recommendation. The move to paperless filing has been a medical industry practice for the past five to six years. As a partner in this process, albeit a small one, the City has moved similarly over this same time period. However, the scanning of files for the paperless billing is time consuming. The City currently bills for five communities, only 2 of which are billed through the paperless process. This will only increase when the remaining three communities join them. Follow up and calls to insurance companies take 20 to 40 minutes each and with the increase in calls this time requirement is expanding. Because of the increasing data given for each call, the average time to enter patient care reports has increased nearly 50%, going from 8 to 10 minutes to 12 to 15 minutes. With 2100 calls about half of the current hours are devoted to data entry. Finally, industry standards and requirements are changing rapidly and it is essential that Staff members attend conferences and seminars to stay abreast of these changes. This change will afford Staff members greater opportunity to participate in this training. (b) Improvements to the Rental Program Making this position full time will indirectly assist the Rental Program. By increasing these hours, the Fire Department s Administrative Assistant will spend less time with billing and more time on the increasing needs of the Rental Program. With the intent to build up this Program and crack down on problem properties, these additional hours will assist in this effort. (c) The initiation of the Crime Free, Multi-Housing Program It has been the plan that the Rental Program and the Crime Free Multi-Housing program will go hand in hand. The Fire Department and Police Departments will be joining efforts to address both the condition of the units and the type and behavior of the tenants. As a part of the Crime Free, back ground checks and leases will be required, along with landlord training and safety inspections. Because the Fire Department currently operates the data base for its program, the Police Department will rely upon the Administrative Assistant to assist in the paperwork and data collection. As mentioned above, the extra hours for the Billing Specialist will free up the hours of the Administrative Assistant for the Crime Free Program. It is planned that the Rental housing fee will be increased by $20 to cover both programs. This fee increase will cover the cost of this staffing change. In addition to the above information, Chief Wellik recently noted for the Council, that the 2

99 revenues from the Rental Inspection Permit fee, does not cover the cost of administering the Rental Inspection program. The following analysis showed that cost related to the program included the salary and benefits for the Fire Marshall and the hard costs for vehicle usage, computer and software, office supplies and postage. Cost of Program: Item: (Cost per Year) Cost Salary/Benefits - Fire Marshal $100,000 Vehicle 2,800 Computer 480 Software Purchase (Rental Program) 600 Software Maintenance (Rental Program) 800 Office Supplies 1,000 Postage 1,000 Existing Total Program Cost Estimate $106,680 Chief Wellik noted in his September 8 th Council Report the following: These fees (the $35 fee that was increased in 2014) were projected to provide approximately $70, per year based on the roughly 2,000 rental units in Newton. Please note that the estimated cost of administering the program is nearly $107,000 and the revenue is projected to only offset $70,000 of this cost. This means that the permit fee only covers 65% of the program cost. Property taxes and other general fund revenues are subsidizing 35% of these costs associated with these landlords and their businesses. During recent discussions on the proposed fee increase it was suggested that the City should hire and pay a separate inspector more in line with the State Inspector pay range. This might lower our program cost, but it would not lower our budgetary costs. Unless the Fire Marshall s position was eliminated there would be no overall cost savings for hiring another Inspector. As a brief review, the Fire Marshall s major duties include commercial fire inspections, arson investigations, and the administration of the rental inspection program. In addition, he responds to fire and ems calls during emergencies and handles a variety of administrative duties for the Chief within the Department. 2. Since there were some questions concerning the comparisons of the comparable communities, Staff has contacted and included the numbers for every city over 15,000 in population, with the exception of Davenport and Des Moines. As Council knows these are the only communities in the State that are required to have rental programs. 3

100 North Liberty and Altoona are both under 15,000 but have chosen to have a Rental Program and were included in the list of communities in the September 8 Report. Attached is a listing of 21 communities from across the State identifying their rental fees. In the chart one will find a variety of ways cities choose to charge for these services. Renewal periods range from 1 year to 5 years, some communities charge a registration or a one-time fee, plus other charges. Other charges can consist of inspection fees, charges per building, costs per unit and combinations of the above. Fees can vary between single units and multi-family units. Some communities are higher and some are lower than us. But it cannot be argued that we are the highest around, as has been stated. 3. The question was raised about the combining cost of the Crime Free program and that of the Fire Marshall. Technically the Rental Permit Fee provides funding for only the Rental Inspection Program it does not contribute to the Crime Free Program. The Fire Marshall s major area of responsibility as noted previously is that of the Rental Program. The City of Newton, unlike most all of the other cities, has tied the two programs together in an effort to address both the condition of the units and the type of behavior of the tenants. Secondly, because the Fire Department currently operates the data base for the Rental Program by adding the Crime Free information it saves additional cost for hardware and staffing, thus improving our efficiency. But again, technically, the Rental Permit fee does not support the Crime Free program other than supporting the additional staffing hours for its paperwork and data collection, estimated at just under $14,000. It was noted during the discussion that no other city charges for the Crime Free program. Likewise the City of Newton will not assess a permit fee or cost for the program. The only direct cost landlords will have for the Crime Free Program is if they use the City to conduct the background checks or take advantage of the City s training program. If the landlords choose to have these done elsewhere, they will not be directly supporting the Crime Free program. 4. As just noted, those landlords that use other outside resources to provide their background checks or do their training will not be paying for the Crime Free Program. If the $10 increase is approved, they will be paying that fee but that fee goes directly for the Rental Inspection program. It is proposed that the City charge a cost for landlords to participate in the training offered by the City, but this is a service for that class. Likewise landlords can use the City, if they choose, to conduct the background checks. The City will charge for this service if the Landlords choose to use it. 4

101 CITY Renewal Years Registration Fee Rental Fees North Liberty 1 year Single, '12.00/unit Altoona 3 years Single/2 years Multi Single/ per unit Multi family Newton 1 year Single, per unit Clive 1 year Johnston 2 years /unit Coralville 1 year single, Unit Multi family Muscatine 1 year per unit Ottumwa 1 year per unit Burlington 3 year Single, /unit Clinton 2 years one time fee 40.00/Bldg. +'15.00 Unit Marshalltown 1 year 1 unit-'(33.00), 2-12 units-(29.75), 13+'(24.00) Mason City 5 years one time fee Inspection Fee Bettendorf 1 year '25.00/Bldg. + '8.00/unit Marion 1 year 50.00/Bldg. + '13.00/unit Cedar Falls 3 years 75.00/Bldg /unit inspection fee Urbandale 2 years 60.00/Bldg /Unit Ankeny 1 year 10.00/Bldg /unit West Des Moines 2 years 66.00/Bldg /unit Dubuque 1 year 12.00/unit Ames 1 year 28.50/single, 21.00/unit Council Bluffs 1 year one time fee 35.00/single Multiunit /unit

102 City of Newton Council Report Item: Resolution for the Adjustment of Rates Charged for Rental Permits Summary: A review of charges for the rental program was completed to determine the impact of increased costs from the implementation of the Crime Free Multi-housing program. Financial Impact: Minimal increase to General Fund from rental permit fees. Report Number: Date: September 21, 2015 Lead Department: Fire Recommendation: Approval of Resolution Background: Under Chapter 8 of the City of Newton Comprehensive Plan one of the Housing Option Initiatives was to attract young families through the provision of desired housing. Affordable and safe rental housing is a key component to attracting young families to Newton. On September 2, 2014 City Council approved and adopted the updated Minimum Rental Housing Code. On September 15, 2014 City Council approved a fee increase for the basic implementation of the updated Minimum Rental Housing Code. Starting in October of 2015 the Crime Free Multi-Housing program will be implemented. There are approximately 2,000 paying rental units in the Newton Rental Program. A recent report shows that there are a total of 2,226 rental permits issued in Newton. The difference between the two numbers, 226 units, is based on the number of landlords behind in payment, number of permits that are not active, and what is presumed to be transitional properties. According to US Census Data there are 2,583 occupied rental units in Newton. (US Census American Community Survey Data, 2013). It is presumed the difference in these numbers to program totals is accounted for in rental properties that involve families or properties that have not complied with the rental program. The following table summarizes the report: Current Newton Rental Program 0-3 Units 4-8 Units 8-20 Units 20+ Units Total Units Landlords Staff has also compiled rent comparisons for Newton. Newton s Median Rent in 2013 was listed as $625 per month. (US Census American Community Survey Data, 2013). In addition, the Department of Housing and Urban Development (HUD) establishes market rate based on geographical location. The following chart summarizes the HUD s findings:

103 HUD Market Rate Rents for Newton for Federal Fiscal Year 2015: 1 bedroom: $502 2 bedroom: $656 3 bedroom: $833 A local landlord, who owns over 100 units in Newton including apartments, duplexes, and single family homes, quoted current rates for rents as follows: 1 bedroom: $ bedroom: $475-$525 3 bedroom: $650-$1,250 The recommended increase of $10 per permit would set the annual fee at $45 or $3.75 per month. This $10 increase is 1/10 th of 1% of the average monthly rent of $625. The cost of rental permits in Newton, have historically remained flat. Recently, a rental permit from 1981 was found and the cost of the rental permit 34 years ago was $25. Comparatively, $25 in 1981 would have the same buying power as $65.63 in today s dollars. The permit fee was raised to $30 in the 1990 s where it remained until increased to the current level of $35 in September of Expenses In September of 2014 the data was presented to show the need for increasing the rental permit fee to cover the expected costs of the new rental housing program. Specifically, these costs related to rental inspection program hard costs including vehicle usage, computer, software, office supplies and postage. Cost of Program: Item: (Cost per Year) Cost Salary/Benefits - Fire Marshal $100,000 Vehicle 2,800 Computer 480 Software Purchase (Rental Program) 600 Software Maintenance (Rental Program) 800 Office Supplies 1,000 Postage 1,000 Existing Total Program Cost Estimate $106,680 Revenues City Council approved the change to the rental permit fee structure in September of 2014, the only revenue in the rental program. The current fee structure for rental permits is as follows: Single Family Rental Unit $ Duplex and Multi Unit $ each unit

104 These fees were projected to provide approximately $70, per year based on the roughly 2,000 rental units in Newton. Please note that the estimated cost of administering the program is nearly $107,000 and the revenue is projected to only offset $70,000 of this cost. This means that the permit fee only covers 65% of the program cost. Property taxes and other general fund revenues are subsidizing 35% of these costs associated with these landlords and their businesses. Fire Marshal Mike Knoll conducted research to find out what other cities of similar size in Iowa were charging for rental permits. The list of cities that were chosen included seven larger and seven smaller cities in comparison to the City of Newton population from The Code of Iowa requires that cities with a population in excess of 15,000 have a rental inspection program. As shown in the following table, many cities below 15,000 do not have rental inspection programs. The following table summarizes these findings: Rental Permit Rental Permit City Population Single Multi Spencer, IA 11,233 $0 $0 Oskaloosa, IA 11,463 $0 $0 Boone, IA 12,661 $0 $0 North Liberty, IA 13,374 $50 $12/ea Waukee, IA 13,790 $0 $0 Altoona, IA 14,541 $105 $118+$22/ea Indianola, IA 14,782 $0 $0 Newton, IA 15,254 $35 $30/ea Clive, IA 15,447 $65 $65 Johnston, IA 17,278 $50 $50+$15/ea Coralville, IA 18,907 $50 $131+$8/ea Muscatine, IA 22,886 $60/ea<5 Units $45/ea>5 Units Ottumwa, IA 25,023 $25 $25/ea Fort Dodge, IA 25,206 NA NA Burlington, IA 25,663 $125 Up to $300 Of the above cities that provide a rental program the average permit fee for a single unit is $62.77 and the mean is $50. Newton s permit fee of $35 is 44% below the average. Crime Free Multi Housing: In the upcoming months, the City of Newton will begin the Crime Free Multi Housing program. This program will provide educational opportunities for landlords, provide background checks of tenants, and provide for Staff administration of the program.

105 Education: The Crime Free Multi Housing program will provide educational opportunities for landlords to assist them with many aspects for compliance with this program and the Minimum Housing Rental Code. Some examples of educational topics include but are not limited to: legal aspects, code compliance, and safety. It will be expected that all landlords will attend training. This component will not be funded by the increase in the Rental Permit Fee. Background Checks Landlords will be required to conduct a background check on all tenants. This can be done by landlords based on criteria set by the City. This component will not be funded by the increase in the Rental Permit Fee. Staff Administration Finally, administration of this program will require additional administrative support. The Billing Secretary for the Fire Department was increased from a 0.8 FTE to full time (1.0 FTE). The projected cost of the Staff administration is an additional $14,000 per year. Based on 2,000 rental units this would raise the price of the permit by $7 per year. All totaled the increase in permit costs would amount to $7 per year: Education Offerings $0 per year Background Checks $0 per year Staff Administration $7 per year Total Increase $7 per year Historically, this program has always run a deficit. Typically permit programs are designed to be revenue neutral. With that in mind, it is proposed to increase the permit fee by an additional $3 per year, making the total increase of $10 per year This would increase the revenue by approximately $20,000 annually. Total Proposed Increase $10 per year Approximate Units 2,000 Revenue Increase $20,000 The increase would still leave a considerable gap between program costs and revenue: Projected Program Costs $ 121,000 Projected Revenue $ 90,000 Cost in Excess of Revenue $ 31,000

106 Proposal According to the adopted Minimum Housing Rental Housing Code : all initial inspection fees, follow-up inspection fees, registration fees, and any other fees or penalty assessed pursuant to the provisions of this Chapter shall be in such amounts as are set annually by Resolution of the City Council. All such fees shall be published in a fee schedule which shall be kept on file at the office of the City Clerk, and be made available for distribution to the public at no cost. It is proposed that only those landlords who have four or more units will be included in the Crime Free Multi Housing Program. This would encompass 1,905 of the current 2,226 rental units currently in the program and 95 landlords. The remaining 321 units and 203 landlords, who have one to three units, would not be included in the Crime Free Multi Housing Program. These properties would be included in the Crime Free Multi Housing Program only if they experience chronic law enforcement issues. Staff recommends the current fee structure for rental permits be revised and increased as follows: Rental Units NOT in Crime Free Program (1-3 units) Single Family Rental Unit $ Duplex and Multi Unit $ each unit Rental Units in Crime Free Program (4 or more units) Single Family Rental Unit $ Duplex and Multi Unit $ each unit Recommendation: Staff recommends City Council approval of the Resolution adjusting rates charged for rental permits as presented. Robert Knabel City Administrator

107 RESOLUTION NO RESOLUTION AUTHORIZING THE NEWTON FIRE DEPARTMENT TO ADJUST THE AMOUNT CHARGED FOR RENTAL PERMITS IN THE CITY OF NEWTON. WHEREAS, the Code of Iowa requires cities in excess of 15,000 in population to implement rental inspection program for the purpose to ensure safe rental housing and properties that reflect well on the image of Newton; and WHEREAS, the City of Newton is implementing a Crime Free Multi Housing Program; WHEREAS, the Newton Fire Department currently manages the rental housing program and charges permit fees which are in the following schedule: Single Family Rental Unit $ Duplex and Multi Unit $ each unit ; and WHEREAS, the current rental program is operating in a deficit which ; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newton, Iowa that the fire department increase the permit fees under Section of the Newton Code of Ordinances effective starting 10/1/2015 to the following schedule: Rental Units in Crime Free Multi Housing Program (4 or more units) Single Family Rental Unit $ Duplex and Multi Unit $ each unit Standard Rental Units (Not in Crime Free Multi Housing Program; 1-3 units) Single Family Rental Unit $ Duplex and Multi Unit $ each unit PASSED this day of September APPROVED this day of September Michael L. Hansen, Mayor (SEAL) ATTEST: Katrina A. Davis, City Clerk

108 City of Newton Council Report Item: Resolution awarding purchase of two public outdoor emergency warning sirens. Summary: Purchase two new warning sirens. Financial Impact: $38, from the 2015 bond proceeds. Report Number: Date: September 21, 2015 Lead Department: Public Works Department Recommendation: Approve Background: Newton currently has thirteen (13) outdoor emergency warning sirens (see attached map) which are tested monthly to assure they are functioning. Warning siren No. 9, located at West 4 th Street North and North 15 th Avenue West, is a 128 decibel rotating siren from the early 1970 s. There have been some issues with this siren not functioning properly. Warning siren No. 3, located at East 12 th Street North and North 11 th Avenue East, is a 105 decibel fixed unit siren from the early 1970 s and is recommended to be replaced with a 128 decibel rotating siren. Due to their age, repair parts can no longer be attained. These two sirens are in the Community Improvement Plan to be replaced utilizing up to $44,000 from the 2015 bond proceeds. Bids for the purchase and installation of two new 128 decibel rotating sirens were sought and the following bids were received: Company Bid Amount Radio Communications Systems, Waterloo, Iowa $38, Keltek Services, Baxter, Iowa $38, DANCO Emergency Equipment Co, Snyder, Nebraska $40, A total of $22,000 was budgeted in Fiscal Year for one siren and the other siren was anticipated to be budgeted in Staff recommends purchasing both sirens in the Budget utilizing the 2015 bond proceeds. Sirens No. 1 and No. 2, which are smaller influence sirens from the early 1970 s, will be removed and taken out of services after the new sirens are installed. Recommendation: City Staff recommends approval to the attached resolution for the purchase and installation of two 128 decibel outdoor emergency warning sirens by Radio Communications of Waterloo, Iowa for $38, Robert Knabel City Administrator Attachment

109 RESOLUTION NO RESOLUTION AWARDING PURCHASE OF TWO PUBLIC OUTDOOR EMERGENCY WARNING SIRENS WHEREAS, the emergency sirens located near 1500 W 4 th St N and near the intersection of E 12 th St N and 11 th Ave E are outdated and past their serviceable life and; WHEREAS, the purchasing of two new outdoor sirens were included in the City Community Improvement Plan; and WHEREAS, the City of Newton obtained sealed bids for two rotating outdoor warning sirens and; WHEREAS, Radio Communications of Waterloo, Iowa was the lowest responsive bidder in the amount of $38, and; WHEREAS, City staff recommends that the City of Newton purchase 2 sirens from Radio Communications of Waterloo, Iowa. NOW, THEREFORE, BE IT RESOLVED, by the City Council of Newton, Iowa, that the bid of Radio Communications of Waterloo, Iowa, in the amount of thirty-eight thousand one hundred eighty dollars and forty cents ($38,180.40) for the outdoor emergency warning sirens and installation be accepted. BE IT FURTHER RESOLVED, by the City Council of the City of Newton, Iowa, that the Public Works Director is authorized to purchase the outdoor emergency warning sirens, including installation, from Radio Communication Systems of Waterloo, Iowa. The sirens will be paid from the 2015 bond proceeds. PASSED this day of September APPROVED this day of September ATTEST: Michael L. Hansen, Mayor Katrina Davis, City Clerk

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111 City of Newton Council Report Item: Resolution authorizing the purchase of two vault restrooms to be installed at Maytag Park and Woodland Park. Summary: To purchase and install vault restrooms at Maytag Park and Woodland Park. Financial Impact: $35, from the 2015 bond proceeds. Report Number: Date: September 21, 2015 Lead Department: Public Works Department Recommendation: Approve Background: To modernize City parks, the Newton Park Board identified installing restrooms facilities as a top priority. One restroom is proposed to be placed near the shelter at Woodland Park and the other restroom is proposed to be near the southeast corner of the large parking lot in Maytag Park. The Maytag Park restroom would allow a closer bathroom facility for Fred Maytag Bowl users and for people using the log cabin and Kiwanis shelter. In the past, a portable toilet has been used at the Woodland Park shelter. Since sanitary sewer service is not nearby, pre-manufactured vault restrooms with solar powered fans were selected for these sites. The vault restroom buildings require minimal long-term maintenance, are good for parks with vandalism potential, and allow for yearround usage. Park staff sent bids out for a pre-manufactured, single occupancy, handicap accessible vault toilet. The following bids were received: Company Location Amount HuffCutt Concrete, Inc. Chippewa Falls, Wisconsin $35, CXT, Inc. Spokane Valley, Washington $38, McCann Concrete Products Dorsey, Illinois $66, The lowest bid was from HuffCutt Concrete, Inc. in the amount of $35, restroom project was included in the 2015 City bond and $45,000 was budgeted. The Recommendation: City Staff recommends awarding the purchase and installation of two restrooms to HuffCutt Concrete, Inc. in the amount of $35, Robert Knabel City Administrator Attachment

112 RESOLUTION NO RESOLUTION AUTHORIZING THE PURCHASE OF TWO VAULT RESTROOMS TO BE INSTALLED AT MAYTAG PARK AND WOODLAND PARK and WHEREAS, the Park Board identified restrooms facilities as a need in many city parks; WHEREAS, there is currently no restroom near the shelter house in Woodland Park or near the Fred Maytag Bowl, log cabin, and Kiwanis shelter in Maytag Park; and WHEREAS, City Council bonded in 2015 for community enhancement projects including new restrooms in city parks; and WHEREAS, Staff sought bids and identified two precast concrete vault restrooms for $35, from HuffCutt Concrete, Inc. of Chippewa Falls, Wisconsin as the lowest, responsive bid. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Newton, Iowa, that the Public Works Director is authorized to purchase two new restrooms from HuffCutt Concrete, Inc. of Chippewa Falls, Wisconsin in the amount of $35, The bathrooms will be paid utilizing available funds from 2015 bonding proceeds. PASSED this day of September APPROVED this day of September ATTEST: Michael L. Hansen, Mayor Katrina Davis, City Clerk

113 City of Newton Council Report Item: Resolution authorizing the purchase of a copy machine for the Police Department. Summary: The current copy machine is 9 years old and past its serviceability. Bids from 3 central Iowa vendors have been accepted for a new replacement copy machine. Financial Impact: $7,200 from the FY15 Ending General Fund Balance Capital Equipment fund. Report Number: Date: September 21, 2015 Lead Department: Police Department Recommendation: Approve Background: The Police Department s current copy machine was purchased by the City in 2006 and over the past 2 years has undergone a significant amount of maintenance to keep it operational. The current unit has reached a point in its lifecycle where it is no longer serviceable and a new replacement is needed. Bids from 3 central Iowa vendors where received in September from the following companies, with copier models, purchase price and service plans: Company Model Price Service Plan Premier Xerox WC7845 $ $ monthly Access Sharp MX-4141N $ $42.00 monthly Forbes CopyStar 4551 $ $ quarterly The Xerox model from Premier Office Equipment in Marshalltown met all of Staff s required specifications and has added security features that automatically delete sensitive materials from its internal hard drive after 24 hours. Premier s Service Plan also covers the maintenance, repair and toner purchases for 4 of the Police Department s existing ink-jet printer units, in addition to the copier s ongoing maintenance. Annual replacement of toners and maintenance of the printers ($640) exceeds the cost of the proposed combined maintenance plan ($50 printers/$55 copier), thus saving funds long term. Recommendation: City Staff recommends approving the $7,200 purchase of the Xerox WC7845 copy machine from Premier Officer Equipment in Marshalltown, IA utilizing the FY15 Ending General Fund Balance Capital Equipment fund. Robert Knabel City Administrator Attachment

114 RESOLUTION NO RESOLUTION AUTHORIZING PURCHASE OF A COPIER/PRINTER FOR THE CITY OF NEWTON POLICE DEPARTMENT WHEREAS, the Police Department s current copy machine is 9 years old and is routinely malfunctioning and becoming unserviceable; and WHEREAS, due to technology and a competitive market, purchase prices and service agreements of new machines are favorable and can provide the City with cost savings and more features; and WHEREAS, quotes were received for the purchase of a machine with a service agreement and Premier Office Equipment of Marshalltown, Iowa was the lowest bidder that met the desired specifications with a bid amount of $7,200 for the purchase of a new Xerox WC 7845 machine and a monthly service agreement of $ per month, which also covers the service and maintenance of 4 laser jet printers. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Newton, Iowa, that the Police Department is authorized to proceed with the purchase a Xerox WC 7845 copier/printer from Premier Office Equipment of Marshalltown, Iowa in the amount of $7,200 and enter into a service agreement with Premier utilizing funds from the FY15 Ending General Fund Balance Capital Equipment fund. PASSED this day of September APPROVED this day of September Michael L. Hansen, Mayor ATTEST: Katrina Davis, City Clerk

115 Memorandum To: Mayor and City Council From: Erin Chambers, Director of Planning and Zoning Date: September 21, 2015 Re: What s Next for the D&D Program? Summary of Current Activities To date, the City has taken action to address poor-condition homes or structures on 48 properties through the Dangerous & Dilapidated Program (D&D). The City has not taken ownership in all instances. Of the 48 properties that the City has taken action upon, the City owns or will own 36 of those properties. The City has been successful in utilizing three primary tools against blighted property: Low-cost purchase of property and demolition Petitioning the Court for Ownership of Abandoned Buildlings-State of Iowa Code 657A.10A Notice and Order under the 1997 Uniform Code for the Abatement of Dangerous Buildings. Table 1, attached to the end of this memo, summarizes the costs that have been committed to date. There are a few properties where costs have not yet been entered as those costs are not yet known. Bid packages for several properties are currently being prepared. The City has utilized the majority of the funding allocated from the Housing Initiative for residential demolitions. Thus, we are now moving into a new phase of the program.

116 Returning D&D Property to the Tax Base Redevelopment Concept Plan developed for 300 Block of E 4 th Street N. Building plans and conversations with a developer continue to move forward. The purpose of the D&D program isn t to grow the amount of property held by the City government. Rather, the D&D program seeks to eventually return property back to the tax base. This is done through redevelopment projects and sale of smaller parcels to adjacent property owners for additional yard space. To date, the City has sold/agreed to sell five properties of the D&D properties. The funds from the property sales return back to the D&D program to be utilized on other dilapidated homes. As a result of the recent D&D efforts, several larger redevelopment footprints have emerged. For these assembled footprints, staff is working on development concepts that can be used to market the areas to potential developers. Assembled footprints can be found in the 300 block of East 4 th Street North, block of East 6 th Street South, 1000 block of East 8 th Street North, and 900 block of East 9 th Street North. In addition to the redevelopment footprints mentioned above, about a dozen individual lots remain, of which about half are potentially re-developable. Beginning this fall, staff will initiate communication with property owners adjacent to properties that are not considered re-developable due to size or other constraints. It would be hoped that those properties could be sold to adjacent property owners, relieving the City of the maintenance liability. The sale prices will likely be similar to prices already seen for

117 recently sold D&D properties. For the properties that are considered re-developable, staff plans to create concept site plans that show potential developers what building envelope size and a potential layout for the property. From there, the City will collaborate with other entities, such as Newton Housing Development Corporation, to connect home builders with the in-fill lots. However, conversations about any of these re-developable lots can occur immediately should an interested party emerge. Sale prices for the re-developable properties will likely vary, depending on what the proposed end use and future taxable value will be. Sale price and deliverables are articulated through a redevelopment agreement between the City and the Purchaser/Developer. If someone desires to purchase a lot that is considered re-developable with no commitment to develop upon it, staff would recommend that the sale price be equal to the costs incurred on the property by the City. Schedule A tentative schedule for the sale of D&D property would be as follows: September 2015-October 2015: Continue to develop building plans for E 4 th Street N project based upon concept drawing. October 2015: Letters to adjacent property owners of properties not ideal for development. October 2015-February 2016: Demolition Bids, Create site plans showing building envelope for seven re-developable properties, with possible house foot prints. This is a great tool in the selling process. November 2015-February 2016: Finalize E 4 th Street N project with developers, enter into redevelopment agreement, sell property. January 2016: Market developable individual lots with possible plans showing setbacks, building footprint, etc. February 2016: Begin planning stages or conversations for E 8 th Street N redevelopment, E 6 th Street S redevelopment, and E 9 th Street N redevelopment.

118 Table 1. Dilapidated Residential Properties- Costs to Date PROPERTY ADDRESS OWNERSHIP/METHOD ACQUISITION PRICE DEMOLITION BID TOTAL COST 118 E 10 ST N Hedges, 657A E 8 ST N Lewis, D&D $20, $9, $30, E 8 ST N DEBRUYN, D&D $23, $14, $37, S. 5 AVE. E. APPLEBY D&D $6, $9, $15, E 10th Street N Ray N&O- Owner took care of $0.00 $0.00 $ E 8 ST N Hansen, D&D $35, $11, $46, st Street N Bayview, 657A $0.00 $8, $8, S 5 Ave E Nationwide, D&D $5, $8, $13, N 4 Avenue E Babinat Estate, D&D $12, $8, $20, S. 4 Ave. E. LUND, GENE N&O $0.00 $6, $6, E 6 ST S Bresnahan, D&D $7, $2, $9, E 6 ST S Lester, D&D $4, $7, $11, Ave W McCarey, D&D $20, $11, $31, Avenue E Tastee Freeze, N&O- Owner took care of $0.00 $0.00 $ E. 8 ST. N. LEFF, N&O $0.00 $10, $10, E 8 ST S Chase Bank, N&O $0.00 $0.00 $ E 4 ST S George, D&D $6, $25, $31, E. 4 St. N. Johnson, D&D $13, $17, $30, Avenue W Cheng Garage, N&O- Owner took care of $0.00 $0.00 $ E 4 ST N Wierschke, D&D $37, $8, $45, LOT SALE/CO ST RECOVE RY 315 E 12 Street S Carlson, 657A $0.00 $0.00 $1, E. 15 ST. N. PLUMB, D&D $7, $7, $14, N. 4 Ave. E. Johnson, D&D $37, $23, $61, $5, E. 4 St. N. MORRIS D&D $6, $8, $14, E. 12 ST. N. PLUMB, D&D $8, $4, $12, W. 3 St. S. Johnson, D&D $10, $17, $27, $2, E. 4 St. N. Johnson, D&D $13, $17, $31, E 11 ST N Wickliff, D&D $4, $7, $11, N. 4 AVE. E. SCHLANGEN, N&O, 657.A $0.00 $12, $12, S 2 AVE W SCHLANGEN, 657.A $0.00 $10, $10, N. 3 Ave. E. CHARLES GILL ESTATE N&O $0.00 $11, $11, W. 2 ST. S. FIRE, N&O $0.00 $6, $6, E 4 Street N Carlson, 657A $0.00 $ S. 2 AVE. W. PLUMB, D&D $12, $18, $30, $5, S 4 AVE E Habitat, D&D $5, $10, $15, $1, E. 5 ST. S. FAILOR ESTATE D&D $8, $7, $16, N 10 Avenue E Nelson Warehouse, N&O- Owner took care o $0.00 $0.00 $ E. 7 ST. N. IOWA PROP. RECEIVER N&O $0.00 $8, $8, st Avenue E Garage Only, Farrell Properties, N&O $0.00 $0.00 $ E 4th Street N Prendergast, Shawn, D&D $54, $54, N 4th Avenue E M Wickliff, D&D $55, $55, E 6 ST S Plowman, D&D $4, $4, N 3rd Ave E Koppin, D&D $6, $6, S 5th Avenue E James, D&D $9, $10, $19, N 4 Ave E Kirk, D&D $67, $67, N 3 AVE E MARTIN, N&O $0.00 $8, $8, E 9th Street N Habitat, D&D - - $ E 9th Street N Prendergast/Roush, D&D $13, $13, Totals $861,970 $15,015 Other Costs (Attorney Fees, Boarding Up, Lawn Care, Recorder Fees, etc) Totals $53,429 $915,399

119 =Project is complete or on schedule = Project will be completed behind schedule. =Project will not be completed Strategic Action Plan: Provide a safe community Goal SC-1: Enforce the Laws Goal SC-2: Public Safety Education Goal SC-4: Respond to all Emergencies SC-1.A: Reduce traffic accidents SC-2.A: Create a Public Safety Task Force to promote safety education SC-4.A: Implement community-wide master plan for traffic control SC-1.B: Reduce reoccurring thefts and burglaries SC-1.C: Reduce crime in multi-unit housing complexes Goal SC-3: Respond to all Emergencies SC-3.A: Monitor, record, evaluate response times and case closures SC-4.B: Conduct an engineering study to evaluate downtown traffic SC-4.C: Implement 5-Year Street Maintenance Program SC-1.D: Improve the quality of Newton s rental housing SC-3.B: Replace outdoor warning sirens SC-1.E: Update existing codes and review the inclusion of other codes SC-3.C: Increase performancebased measurement in Fire Dept Increase use of performance-based measurement in Fire Department SC-3.D: Create and implement employee emergency response