Newton City Council. 6:00 pm Newton, Iowa 50208

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1 Agenda: Newton City Council Regular Meeting: Agenda City Hall Council Chambers April 17, West 4 th Street South 6:00 pm Newton, Iowa Pledge Call to Order 1. Roll Call Pledge of Allegiance Proclamation 2. Greatest Generation Day 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. April 17, 2017 Regular City Council Meeting Minutes 5. Approve Class C Liquor License, Outdoor Service, and Sunday Sales for New York Style Pizza Inc. Dba: Yanni s, st Ave E.; Special Class C Liquor License, Outdoor Service for BA Legend Dba: Raceway Café, st Ave E.; Class B Native Wine Permit, Class C Beer Permit, Sunday Sales, and Ownership Change for Casey s Marketing Company Dba: Casey s General Store #2341, 3104 First Ave E.; Class C Beer Permit and Sunday Sales for Git N Go Convenience Stores Inc. Dba: Git N Go Convenience Store #14, 801 1st Ave W.; Class B Beer Permit and Outdoor Service for Special Events Thunder Nites held on May 12, June 9, July 14, August 11, and September 8 for Newton American Legion Post 111, 100 Block of W 2nd St S. 6. Resolution fixing the amounts to be assessed against individual private property for the abatement of nuisance violations (Schedule 17-4). (Council Report ) 7. Resolution approving a property tax rebate for Newton Lodge and Suites, LLC, for the AmericInn Hotel on Property Located within the Speedway-Prairie Fire Economic Development Area. (Council Report ) 8. Resolution authorizing the submission of an application for Iowa Airport Improvement Program funding and certifying eligibility requirements. (Council Report ) 9. Approval of Bills Ordinances 10. Third consideration of an Ordinance amending the Code of Ordinances, City of Newton, Iowa, 2016, Title VII, Chapter 70, Section 70.15, Traffic and Parking Schedules Adopted by Reference, to make changes to street parking in the 300 and 800 blocks of N 3rd Ave W. (Council Report ) The street and City right-of-way in the 300 block of N 3 rd Ave W was abandoned several years ago. This land is owned by the adjacent hotel and is used for hotel parking. Staff recommends that this parking restriction be removed from the City code. N 3rd Ave W between W 8th St N and W 9th St N is a 16-foot wide gravel street that is too narrow to safely accommodate vehicles parked on both sides. The Traffic Safety Committee recommends restricting parking on the south side of N 3rd Ave W.

2 11. Third consideration of an Ordinance amending the Code of Ordinances, City of Newton, Iowa, 2016, Title VII, Chapter 70, Section 70.15, Traffic and Parking Schedules Adopted by Reference, to make changes to street parking in the 1300 block of Crescent Drive. (Council Report ) The City received safety concerns from citizens regarding street parking along Crescent Drive between E 13 th St N and E 14 th St N. This section of roadway is 25 feet wide, which is not wide enough to safely accommodate parking on both sides of the street. The City of Newton Traffic Safety Committee has reviewed the situation and recommends restricted parking on the north side of Crescent Drive from E 13 th St N E 14 th St N. 12. Third consideration of an Ordinance amending the Code of Ordinances, City of Newton, Iowa, 2016, Title VII, Chapter 70, Section 70.15, Traffic and Parking Schedules Adopted by Reference, to make changes to street parking on W 4th St N and Union Drive. (Council Report ) The City received safety concerns from citizens regarding street and shoulder parking along W 4 th St N from Union Drive north to City Limits and Union Drive from West 8 th St N to W 4 th St N. These sections are 20 feet wide with gravel shoulders, which is not wide enough to safely accommodate parking on both sides of the street. These streets are collector streets and are heavily used as a truck route by commercial motor carriers. The City of Newton Traffic Safety Committee has reviewed the situation and recommends restricted parking on both sides of the roadways. 13. Third consideration of an Ordinance amending the Code of Ordinances, City of Newton, Iowa, 2016, Title VII, Chapter 70, Section 70.15, Traffic and Parking Schedules Adopted by Reference, to make changes to street parking in the blocks of E 14 th St S. (Council Report ) The City received safety concerns from citizens regarding street parking along E 14 th St S between S 8 th Ave E and S 13 th Ave E. The 800, 1100 and 1200 blocks of E 14 th St S are 25 feet wide and are not wide enough to safely accommodate parking on both sides of the street. The City of Newton Traffic Safety Committee has reviewed the situation and recommends restricted parking on the west side of E 14 th St S in the 800 through 1300 blocks. 14. Second consideration of an Ordinance amending the Code of Ordinances, City of Newton, Iowa, 2016, Title VII, Chapter 70, Section 70.15, Traffic and Parking Schedules Adopted by Code Reference by adding stop signs and yield signs at various locations. (Council Report ) As part of the Safe Community Goal, the traffic safety committee looked at all the uncontrolled intersections located in an area bound on the north by 1st Avenue W, on the east by 1st Street S, and on the west and south by City limits. There are a total of 15 uncontrolled intersections remaining in this area. The Traffic Safety Committee recommends that stop signs be added at the following uncontrolled intersections: W 14th St S at Monroe Drive for northbound traffic, W 15th St S at S 13th Ave W for southbound traffic, W 15th St Pl S at S 15th Ave W for southbound traffic, W 17th St S at S 15th Ave W for northbound traffic, S 3rd Ave W at W 13th St S for eastbound traffic only, S 3rd Ave W at W 14th St S for westbound traffic, S 14th

3 Ave W at W 13th St S for westbound traffic, S 15th Ave W at W 13th St S for westbound traffic, S 15th Ave W at W 14th St S for eastbound traffic. The Traffic Safety Committee recommends that yield signs be added at the following uncontrolled intersections: East frontage road of W 4th St S at S 15th Ave W and S 16th Ave W for northbound traffic, S 3rd Ave W at W 13th St S for westbound traffic only, S 11th Ave W at W 22nd St S for westbound traffic, S 16th Ave W at W 13th St S for westbound traffic, and S 16th Ave W at W 14th St S for eastbound traffic. 15. First consideration of an Ordinance amending the Code of Ordinances, City of Newton, Iowa, 2016, Title IX, Chapter 95 Cemeteries by adding Newton Memorial Park Cemetery and updating language in the code to be in accordance with Iowa Code 523I. (Council Report ) The City of Newton took ownership of Newton Memorial Park Cemetery per the District Court for Jasper County order dated October 19, Newton Memorial Park Cemetery needs to be added to the City Code as well as changing the word deed to certificate of interment rights as referenced in the Iowa Code. Conversations with the Iowa Insurance Division revealed that an elected official does not need to sign the certificate of interment. Staff proposes changing the City Code to have the Clerk or Clerk s designee sign certificates of interment. As identified in a LEAN process, this will enable a purchaser to receive their certificate of interment the day they pay and would eliminate paperwork being transported between the Park Office and City Hall. The City has been collecting and depositing perpetual care funds in accordance with State Code 523I. Staff proposes modifying the City Code to state that the cemetery perpetual care amounts should follow State Code 523I. Motion 16. Motion to rescind the previous April 3, 2017 vote on a resolution accepting a donation of property at 601 West 12 th Street South. Resolutions 17. Resolution Accepting a Donation of Property at 601 West 12th Street South, City of Newton, Iowa. (Council Report ) Walt Smith, as owner of the former Newton Country Club building at 601 West 12 th Street South, has proposed to donate the property to the City. The City is proposing to accept the donation, pending the negotiation of a final agreement detailing the terms of the transaction. The City would envision clearing the site and incorporating it into future residential development. It is expected that the City would be required to hold the property for three years prior to selling it, due to tax impacts on the donor. Staff recommends approving the Resolution. 18. Resolution Approving the Acquisition of Right-of-Way at 1200 South 6th Avenue West, Newton, from Talsma Trusts. (Council Report ) In 2016, the City of Newton acquired a 4.25 acre parcel to the west of the former Newton Country Club building that will become a townhome development. In order for the home sites to have access to the public road network, an additional connection is needed. This connecting roadway is proposed to be acquired from the property owner, the William and Georganne Talsma Trusts. An acquisition plat has been

4 prepared that shows the dedication of approximately one acre of land that will become a sixty-foot wide public right-of-way. In order to best facilitate future development, the City has also sought agreement with the Talsmas for the removal of the former pro shop (and current day care center) building they own. Staff recommends approval of the Resolution. 19. Resolution Approving a Change Order in the Contract for the Roadway and Utility Public Improvements for the Cardinal Ridge Subdivision at 1200 South 6th Avenue West in Newton. (Council Report ) Last fall the City entered into a contract with Halbrook Excavating to construct public infrastructure associated with the Cardinal Ridge townhome subdivision. The contract was for $711,031 and included the paving of the road within the subdivision and the water and sewer lines to serve it. In order to accelerate the project and have the development proceed in an orderly fashion, a Change Order is now proposed. The scope of work would change to eliminate the paving work but extend the grading work to prepare the full roadway from West 12 th Street through the subdivision, reducing the contract price by $34,875. To meet State bidding requirements, the paving will be bid separately, with an award of contract anticipated on June 5 th. Staff recommends approval of the Resolution. 20. Resolution Approving Engineering Services Agreements with Bolton & Menk, Inc. to Provide Construction Administration Services for the Cardinal Ridge Subdivision at 1200 South 6th Avenue West in Newton. (Council Report ) The City is under contract to build a public roadway at the former Newton Country Club land to create the Cardinal Ridge townhome subdivision. Bolton and Menk, an engineering firm from Des Moines, has submitted a proposal to provide engineering services to administer the construction of the roadway for $66,000. This would be payable from Newton Housing Initiative bonded infrastructure funds. Staff recommends approval of the Resolution. 21. Resolution Authorizing Sale of Additional Property Located in Fountain Hills Estates, First Addition, in Newton. (Council Report ) In 2014, the City entered into an agreement with Venture Homes of West Des Moines to construct high-quality single-family homes in the Fountain Hills subdivision. To date, Venture Homes has constructed four houses in the subdivision. Venture Homes now wants to acquire Lot 13 of the subdivision for additional development of similar style and quality. The price for the lot is $10,000, and the home buyer would be eligible for City housing initiative incentives. Staff recommends approval of the Resolution. 22. Resolution awarding contract for the Fountain Hills Subdivision Turnaround Project. (Council Report ) A turnaround is needed on W 22nd Street N in Fountain Hills Subdivision. With the recent construction of 4 homes now is the time to provide a turnaround near the north end of the street to be used by emergency vehicles, snowplow trucks, and will eliminate the need for traffic to use private driveways to turn around.

5 Public Works staff prepared plans and sought bids for a paved hammer-head type turnaround on the east side of W 22nd St S. City Staff recommends that Council award the project to Blommers Construction, Inc. of Pella, Iowa in the amount of $14, The 2014 bond proceeds for the housing initiative will be used to pay for the project construction cost. The completion date of the project is July 31, Resolution approving a multi-year agreement for the July 4th Fireworks Display. (Council Report ) J & M Displays of Yarmouth, Iowa has supplied the fireworks and put on the July 4 th show for the City of Newton during the past several years. J & M Displays offer incentives to annual customers who sign a multiple year agreement with them. For each year during the contract, the customer will receive an additional 15% of product based on the amount purchased. The contract does not require the City to purchase a certain amount of product, but simply guarantees the City will utilize their services for the next three years. City staff recommends approval of the resolution authorizing the Mayor to sign the Multiple Year Agreement Extension with J & M Displays of Yarmouth, Iowa. 24. Resolution approving the elimination of the positions of Park Secretary and Cemetery Superintendent; and changing the number of Public Works Administrative Assistant positions in the Public Works Department from 1.0 to (Council Report ) The Cemetery Superintendent retired in January and the position has not been filled. The City is currently doing a LEAN process regarding cemetery public interaction and paperwork. Having the Park Secretary perform some of the duties of the Cemetery Superintendent would streamline the paperwork and provide better customer service by having an office person available to sell cemetery plots. Staff proposes to eliminate the positions of 0.6 time Park Secretary (pay range 3) and Cemetery Superintendent (pay range 7). Staff proposes to increase the number of Public Works Administrative Assistant positions (pay range 5) in the Public Works Department from 1.0 to (refer to the Public Works Organizational Chart, proposed April 2017). The current 0.6 time Park Secretary would be promoted to the time Public Works Administrative Assistant position. An annual savings of about $78,000 would be realized. Staff recommends that the proposed changes be effective April 17, Resolution approving the Non-Union Compensation Plan. (Council Report ) It has been the practice that the agreed-upon contractual amounts given in the Union contracts, is then given to non-union employees as well. The 2.5% increase for the Fire, Police, and Teamsters union agreements are effective July 1, In view of the salary changes, non-union employees, like the union Staff members, will increase their contribution to health insurance costs by contributing an additional 20% of the premium increase. It is recommended that the City Council adopt the , Non-Union Compensation Plan, as budgeted, effective July 1, 2017.

6 26. Resolution authorizing the Newton Historic Preservation Commission to Apply for a FY 2018 Historic Resource Development Program Grant for the restoration of the Jasper County Courthouse Clock on behalf of Jasper County. (Council Report ) Jasper County is planning on repairing and restoring the clockwork of the Jasper County Courthouse and has requested that the Historic Preservation Commission (HPC) serve as the applicant for a Historic Resource Development Program Grant for the project. As a Certified Local Government commission, the Newton HPC is the only local body eligible to apply for the grant. An agreement defining the City s role as the applicant and pass-through body of the funds has been prepared. Staff recommends approval of the resolution. Discussion 27. Action Plan Update Effective, Efficient, Democratic Governance Natalie Umsted, Senior Analyst New Business 28. Old Business 29. Closed Session 30. To Discuss the Purchase of Particular Real Estate Only Where Premature Disclosure Could be Reasonably Expected to Increase the Price the Governmental Body Would Have to Pay For That Property Pursuant to the Provisions of Section 21.5(1)(j), Code of Iowa 2017 Return to Open Session 31. Adjourn 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.

7 REGULAR CITY COUNCIL MEETING MINUTES APRIL 3, 2017, 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: Chapé, Biondi (left at 6:46 pm), George, Trotter, Kulis. Absent: Mullan. Mayor Hansen asked everyone present to join in saying the Pledge of Allegiance. Mayor Hansen Proclaimed April 2017 as Keep Iowa Beautiful Month. Library Director, Nicole Lindstrom provided the annual Library report. Mayor Hansen presented Fire Chief Wellik with a certificate for his completion of the Executive Officer Program. This is a four year commitment to complete the courses and research requirements. Wellik was also acknowledged for his exemplary service as Interim City Administrator. There was no citizen participation. Moved by Chapé, seconded by Kulis to approve consent agenda items March 20, 2017 Regular City Council Meeting Minutes 7. March 28, 2017 Special City Council Meeting Minutes 8. Approve Class C Beer, Sunday Sales, Liquor License for CSOI Corp Dba: West End st Ave W. 9. Resolution adopting 2017 S2 supplement to the Code of Ordinances of the City of Newton, Iowa, 2016, and approving distribution of the same to code subscribers. Resolution No adopted. 10. Resolution levying assessments for costs of nuisance abatement and providing for the payment thereof (Schedule 17-3). Resolution No adopted. 11. Approval of Bills AYES: Five. NAYS: None. Consent agenda items approved. Mayor Hansen stated that this is the time and place for a public hearing on a Resolution awarding contract for the 2017 Pavement Rehabilitation Project. There were no written comments. Moved by George, seconded by Trotter to close the public hearing. AYES: Five. NAYS: None. The public hearing was closed. Moved by Kulis, seconded by Trotter, to adopt the resolution. AYES: Five. NAYS: None. Resolution No adopted. Moved by Chapé, seconded by Trotter, to approve the third Consideration of an Ordinance amending the Code of Ordinances, City of Newton, Iowa, 2016, Title VII, Chapter 70, Section 70.15, Traffic and Parking Schedules Adopted by Code Reference by adding stops signs on W 4th Street S at S 20th Avenue W. AYES: Five NAYS: None. Third consideration of the ordinance passed. Moved by Kulis, seconded by George to adopt the ordinance. AYES: Five. NAYS: None. Ordinance 2290 adopted. Moved by George, seconded by Trotter, to approve the third Consideration of an Ordinance amending the Code of Ordinances, City of Newton, Iowa, 2016, Title VII, Chapter 70, Section 70.15, Traffic and Parking Schedules Adopted by Reference, to remove compact parking spaces on South Second Avenue. AYES: Five NAYS: None. Third consideration of the ordinance passed. Moved by Chapé, seconded by Trotter, to approve the Ordinance. AYES: Five. NAYS: None. Ordinance 2291 adopted. Moved by George, seconded by Trotter, to approve the third Consideration of an Ordinance amending the Code of Ordinances, City of Newton, Iowa, 2016, Title VII, Chapter 70, Section 70.15, Traffic and Parking Schedules Adopted by Reference, updating parking on Lincoln Street. AYES: Five NAYS: None. Third consideration of the ordinance passed. Moved by George, seconded by Trotter, to adopt the Ordinance. AYES: Five. NAYS: None. Ordinance 2292 adopted. Moved by Kulis, seconded by Trotter, to approve the second Consideration of an Ordinance amending the Code of Ordinances, City of Newton, Iowa, 2016, Title VII, Chapter 70, Section 70.15, Traffic and Parking Schedules Adopted by Reference, to make changes to street parking in the 300 and 800 blocks of N 3rd Ave W. AYES: Five NAYS: None. Second consideration of the ordinance passed. Moved by Chapé, seconded by Biondi, to approve the second Consideration of an Ordinance amending the Code of Ordinances, City of Newton, Iowa, 2016, Title VII, Chapter 70, Section 70.15, Traffic and Parking Schedules Adopted by Reference, to make changes to street parking in the 1300 block of Crescent Drive. AYES: Five NAYS: None. Second consideration of the ordinance passed. Moved by George, seconded by Biondi, to approve the second Consideration of an Ordinance amending the Code of Ordinances, City of Newton, Iowa, 2016, Title VII, Chapter 70, Section 70.15, Traffic and Parking Schedules Adopted by Reference, to make changes to street parking on W 4th St N from N and Union Drive. AYES: Five NAYS: None. Second consideration of the ordinance passed. Moved by George, seconded by Kulis, to approve the second Consideration of an Ordinance amending the Code of Ordinances, City of Newton, Iowa, 2016, Title VII, Chapter 70, Section 70.15,

8 Traffic and Parking Schedules Adopted by Reference, to make changes to street parking in the blocks of E 14th St S. Michael L Rinehart, 1305 S 11 th Ave E requested follow up information on the speed cameras that were placed in this area. AYES: Five NAYS: None. Second consideration of the ordinance passed. Moved by Biondi, seconded by Trotter, to approve the first Consideration of an Ordinance amending the Code of Ordinances, City of Newton, Iowa, 2016, Title VII, Chapter 70, Section 70.15, Traffic and Parking Schedules Adopted by Code Reference by adding stop signs and yield signs at various locations. AYES: Five NAYS: None. First consideration of the ordinance passed. Moved by George, seconded by Trotter to approve a Resolution approving the purchase of one ½- ton and one ¾- ton pickup for the Public Works Department. AYES: Five, NAYS: None. Resolution adopted. Moved by Chapé, seconded by Kulis to approve a Resolution authorizing the purchase of a hydroseeding machine for the Public Works Operations Division. AYES: Five, NAYS: None. Resolution adopted. Moved by Kulis, seconded by George to approve a Resolution approving a contract for engineering design services to upgrade the 1st Avenue downtown traffic signals. AYES: Five, NAYS: None. Resolution adopted. Moved by George, seconded by Trotter to approve a Resolution authorizing to enter into agreements for residential solid waste collection and residential recycling collection with Dodd s Trash Hauling and Recycling. Midwest Sanitation requested an opportunity to bid. AYES: Five, NAYS: None. Resolution adopted. At 6:46 pm Councilman Biondi excused himself from the meeting. Moved by Trotter, seconded by George to approve a Resolution authorizing the purchase of one unisex precast concrete vault restroom to be installed at Agnes Patterson Park. Matt Holmes, E 4 1/2 St S, a Little League couch, expressed concerns on the location and accessibility of the restroom. Laube, Public Works Director indicated that the restroom would be located just off the main park road with parking access and includes an ADA walkway. AYES: Four, NAYS: None. Resolution adopted. Moved by Chapé, seconded by Kulis to approve a Resolution supporting a Creative Placemaking Economic Assessment with the Centre for Arts and Artists. AYES: Four, NAYS: None. Resolution adopted. Moved by Kulis, seconded by Trotter to approve a Resolution approving the granting of Downtown Micro Grant Funds for 119 West 2nd Street North in Newton. AYES: Four, NAYS: None. Resolution adopted. Moved by Chapé, seconded by George to approve a Resolution approving the granting of Downtown Micro Grant Funds for 123 West 2nd Street North in Newton. AYES: Four, NAYS: None. Resolution adopted. Moved by Trotter, seconded by Chapé to approve a Resolution Accepting a Donation of Property at 601 West 12th Street South, City of Newton, Iowa. Council discussion ensued regarding the status of the other buildings. AYES: Three, NAYS: George. Resolution failed due to lack of votes. Moved by George, seconded by Chapé to approve a Resolution approving a purposed team combined project agreement between Onebody3 and the City of Newton. AYES: Four, NAYS: None. Resolution adopted. There was no new business. During old business, Chapé asked for updates on Hotel Maytag. Director of Finance and Development, Bryan Friedman indicated that 3 developers have submitted proposals. Staff along with City partners are narrowing the proposals. Once the final decision is made an agreement will be presented to council. Chapé also asked for an update on the downtown streetscape. Director of Planning and Zoning, Erin Chambers indicated that the master plan is nearly complete. A public input session will be planned and the traffic signal study will be incorporated into the master plan. In partnership with Main Street, another walking alley project is being planned near the parking lot on S 2 nd Ave W. Moved by Kulis, seconded by Chapé, to adjourn the meeting at 7:24 P.M. Motion unanimously carried by voice vote. Katrina Davis, CMC City Clerk Michael L. Hansen, Mayor

9 City of Newton Council Report Item: Resolution Fixing the Amounts to be assessed against individual private property for the abatement of nuisance violations (Schedule 17-4) Summary: The City of Newton abated some nuisances, such as tall grass/weeds or snow. These costs remain unpaid by the property owners and should be assessed to the property taxes. Financial Impact: Cost Recovery: $ Report Number: Date: April 17, 2017 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. Matthew Muckler City Administrator Attachments

10 RESOLUTION NO RESOLUTION FIXING THE AMOUNTS TO BE ASSESSED AGAINST INDIVIDUAL PRIVATE PROPERTY FOR THE ABATEMENT OF NUISANCE VIOLATIONS (17-4) WHEREAS, the City of Newton has abated nuisance violations at the addresses as found in Schedule (No. 17-4): 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. 17-4): 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. 17-4): 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. 17-4): Assessment for the Expenses for Nuisance Abatement. PASSED this day of April, APPROVED this day of April, ATTEST: Michael L. Hansen, Mayor Katrina Davis, City Clerk

11 Schedule (No. 17-4): 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 Bret Rippey E 21st St S Newton $79,670 $88.52 $65.00 $ AURORA HEIGHTS SD LOT 17 BLK F March 7, 2017 Simon Allison N 4th Ave E Newton $73,170 $88.52 $65.00 $ EAST HIGHLANDS LOT 2 BLK 2 March 7, 2017 $307.04

12 City of Newton Council Report Item: Resolution Approving a Property Tax Rebate for Newton Lodge and Suites, LLC, for the AmericInn Hotel on Property Located within the Speedway-Prairie Fire Economic Development Area Summary: The incentive agreement with the AmericInn hotel provides for a TIF rebate of property tax payments Financial Impact: $29, rebate from the Speedway-Prairie Fire TIF, per budget Report Number: Date: April 17, 2017 Lead Department: Finance and Development Recommendation: Approval Background: In May 2007, the City of Newton approved a Development Agreement with Newton Lodge and Suites, LLC, to build an AmericInn hotel at 4401 South 22 nd Avenue East in the Speedway-Prairie Fire TIF District. The Agreement requires that the project, which was completed in 2008, maintain an assessed value of at least $2.6 million through In return, the City agreed to provide a series of property tax rebates to the owners of the hotel. For this current fiscal year, the City is obligated to provide a 75% rebate of the property taxes that the hotel pays into the Speedway-Prairie Fire TIF District. In the next two years, the City is to provide rebates of 50% and 25%, respectively. The TIF property taxes that are subject to the rebates do not involve the full property tax bill for the hotel. The TIF taxes represent about 84% 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. On March 28, 2017, the owners of AmericInn paid their second half taxes in the amount of $47, and have requested the rebate per the terms of the Development Agreement. The rebate amount calculates to $29,277.80, which is accounted for in the budget for the Speedway-Prairie Fire TIF District. The hotel has met its obligations in the Development Agreement, so this rebate request is appropriate. As long as AmericInn stays in compliance, the rebate payments should continue every six months through April Recommendation: Staff recommends approval of the attached Resolution approving the rebate payment. Matt Muckler City Administrator

13 RESOLUTION NO RESOLUTION APPROVING A PROPERTY TAX REBATE FOR NEWTON LODGE AND SUITES, LLC, FOR THE AMERICINN HOTEL ON PROPERTY LOCATED WITHIN THE SPEEDWAY-PRAIRIE FIRE ECONOMIC DEVELOPMENT AREA WHEREAS, the City of Newton (City) has established the Speedway-Prairie Fire Economic Development Area; and WHEREAS, an Agreement for Private Development (Agreement) with Newton Lodge and Suites, LLC (Developer) for developing an AmericInn hotel on property located at 4401 South 22 nd Avenue East within the Economic Development Area, was approved by the Newton City Council on May 21, 2007, and WHEREAS, said Agreement provides that the City provide to the Developer Economic Development Property Tax Rebates, and WHEREAS, the Developer having completed the construction project and paid its property taxes for the second half of fiscal year in the amount of $47,744.00, is eligible to receive a rebate of $29,277.80; NOW, THEREFORE, BE IT RESOLVED by the City Council of Newton, Iowa: That, per the terms of the Agreement for Private Development with Newton Lodge and Suites, LLC, that a property tax rebate for the second half of fiscal year in the amount of $29, is hereby approved. PASSED this 17 th day of April, 2017 APPROVED this day of April, 2017 ATTEST: Michael L. Hansen, Mayor Katrina Davis, City Clerk

14 City of Newton Council Report Item: Resolution authorizing the submission of an application for Iowa Airport Improvement Program funding and certifying eligibility requirements. Summary: To apply for funding for the completion of the fueling system at the airport. Financial Impact: $66,250 pending award of a grant and approval of an agreement with the Iowa DOT Office of Aviation. Report Number: Date: April 17, 2017 Lead Department: Public Works Recommendation: Approve Background: Last year, the relocation of fuel tanks was granted state funding through the Iowa Airport Improvements Program (AIP). The tanks were moved to enable a section of the parallel taxiway to be constructed further from the runway. The second phase of this project is to install new fuel system cabinets to replace the existing 20-year plus old cabinets. The replacement of fuel cabinets is eligible for state funding through the Iowa Airport Improvements Program (AIP). If the Relocation of the Fueling System project at the Newton airport is selected, the Iowa AIP would fund 75% of the project costs, with the remaining 25% being paid from local contribution. The City s airport consultant, Clapsaddle-Garber Associates (CGA) has estimated the project cost for replacing the fuel cabinets to be $265,000. Based on a project cost estimate of $265,000, the local contribution would be $66,250. Applications for Iowa AIP funding are due now with funding in fiscal year ending If the City is awarded funding, we anticipate that construction would occur during the summer of The City share of the project costs will be paid using the 2015 bonds proceeds. The future projects in the 5-year plan include the construction of additional apron space and parallel taxiway reconstruction. Recommendation: It is recommended that the City Council adopt the attached resolution accepting and authorizing submission of an Airport Improvement Program application to the Iowa Department of Transportation Airport Program. Matt Muckler City Administrator Attachment

15 RESOLUTION NO RESOLUTION AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR IOWA AIRPORT IMPROVEMENT PROGRAM FUNDING AND CERTIFYING ELIGIBILITY REQUIREMENTS WHEREAS, the City of Newton, Iowa desires to make application for fiscal year 2018 Airport Improvement Program (AIP) funding to the Iowa Department of Transportation for certain improvements at the Newton Municipal Airport as described as follows: Completion of Fuel System; and WHEREAS, if the project is selected for funding, the Iowa AIP would pay 75% of the project cost and the remaining 25% is required to be paid from local contributions; and WHEREAS, the project cost for completion of the fuel system has been estimated to be $265,000 and the 25% local contribution would be $66,250; and WHEREAS, the Iowa Department of transportation requires a resolution certifying certain application requirements, commitments, and criteria; and WHEREAS, on behalf of the City, Clapsaddle-Garber Associates, Inc. has prepared an application describing the proposed improvements. NOW, THEREFORE, BE IT RESOLVED by the City Council of Newton, Iowa: 1. The City hereby endorses the Applications for Iowa Airport Improvement Program funding for said improvements. 2. The Mayor is hereby authorized to sign and submit the Applications. 3. The City hereby commits availability of the local share of the funds as outlined in the Applications. PASSED this day of April, APPROVED this day of April, ATTEST: Michael L. Hansen, Mayor Katrina Davis, City Clerk

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28 City of Newton Disbursements Vendor Department Description Amount Acme Tools - Des Moines Street Supplies $ Acushnet Company Golf Merchandise $ 1, All Star Pro Golf Golf Merchandise $ Alliant Energy/IPL All Utility $ 44, Alpha Media LLC Parks/Golf Service $ 2, Animal Rescue League Animal Control Service $ 2, Armstrong, Craig Economic Development Reimbursement $ AT & T Mobility Landfill Service $ Baker Electric Inc Police Service $ Barnes, Collin Fire Training $ Black Hills Energy All Utility $ BlueTarp Financial Inc Water Pollution Control Supplies $ Bound Tree Medical LLC Fire Supplies $ 2, Brant, Michelle Police Training $ Brick Gentry P.C. Legal Services Service $ 8, Bruske Products Public Works Administration Supplies $ Caldwell Brierly Chalupa Nuzum PLLC Commercial Acquisition & Demo Service $ 1, Callaway Golf Golf Merchandise $ Camp, Randy Police Training $ Cappy's Tire & Auto Service Landfill Service $ Card Services All Supplies/Training $ 4, Carolina Software Landfill Service $ Carpenter Uniform Fire/Police Supplies $ 1, CDW Government Inc Public Works Administration Supplies $ Chief Supply Police Equipment $ Computer Resource Specialists Administration Service $ D & K Products Golf/Parks Supplies $ 6, D A Davidson & Co Finance Service $ 1, Davis Equipment Corp Parks Supplies $ Des Moines Stamp Mfg Police Supplies $ Diamond Products Co Snow Removal Supplies $ Dodd Trash Hauling & Recycling Landfill/N Central TIF Service $ 1, Doors Inc Parks Supplies $ 4, Environmental Resource Water Pollution Control Supplies $ Epoch Eyewear Golf Merchandise $ etube Street Supplies $ Fareway Police Supplies $ Farner Bocken Co Golf Concessions $ First Assembly of God Police Training $ First Impression Printing Fire Supplies $ Forbes Office Solutions All Supplies $ Foster,Brian Police Training $ Fox Engineering Water Pollution Control Service $ 8, G&K Services All Service $ Gall's LLC Fire Supplies $ General Fire And Safety City Center Service $ Grainger Inc Street/Water Pollution Control Supplies $

29 Grinnell Safe & Lock Street Supplies $ 6.00 Hammer Medical Supply Fire Supplies $ Hansen, Andy Police Training $ Heisdorffer, Rex Fire Supplies $ HLW Engineering Group Landfill Service $ 3, Hornung's Golf Merchandise $ Hy-Vee Inc Police Service $ IEMSA Fire Membership $ Image Trend Inc Fire Service $ 1, Iowa Association of Municipal Utilities Administration Service $ 2, Iowa Department of Transportation Traffic Control Supplies $ 2, Iowa Dept of Natural Resources Water Pollution Control Service $ Iowa One Call Engineering/Water Pollution Control Service $ Iowa Prison Industries Police Supplies $ Iowa State University Street Training $ Iowa State University / FSTB Fire Training $ J&M Displays Parks Fireworks $ 7, Jacobs Electric Motor Water Pollution Control/Street Supplies $ Jasper Construction Services Parks Supplies $ Jerry Keenan Concrete Street Service $ 9, Johnson Aviation Airport Supplies $ Kelly Equipment Inc Landfill Equipment $ 6, Key Cooperative All Fuel $ 9, Keystone Labs Water Pollution Control Service $ 1, Lavely,Dillon Police Training $ Logan Contractors Supply Street Supplies $ 1, Lovan, Kyle Police Training $ Lowe, Jessica Planning & Zoning Reimbursement $ Lyman, Rick Building Service $ Magnum Automotive Landfill/Police Service $ Mahaska Bottling Co Golf Service $ Manatts - D.M. Street Supplies $ Marsden Bldg Maintenance City Center Service $ 2, Maxim Advertising Executive Supplies $ Medicap Pharmacy Fire Supplies $ Mercy Medical Center Fire Supplies $ Mid-American Research Chemical Water Pollution Control Supplies $ Midwest K9 Detection and Consulting Police Training $ Mike's Machine Repair Water Pollution Control Service $ 1, Murphy Tractor & Equipment Street Supplies $ NAPA Auto Parts All Supplies $ National Tactical Offcs Police Membership $ News Printing Company All Publications $ 1, Newton Clinic Fire Service $ Newton Correctional Facility Street Service $ NICET Engineering Dues $ Noble Ford of Newton Inc Police Service $ O'Reilly Auto Parts Parks Supplies $ PJ's Deli Fire Supplies $ Praxair Distribution Inc Water Pollution Control Supplies $

30 Premier Office Equipment Police Service $ Quick Lane Tire & Auto Fire/Police Service $ Quill Corporation Police Supplies $ Schakel, Brandon Landfill Reimb $ Sign Pro Landfill Supplies $ Smith Quality Rental Cemetery/Fire Supplies $ Soil.Tek Street Supplies $ Spahn & Rose Lumber Co All Supplies $ Springer Professional Home Services City Center Service $ SupplyWorks Parks Supplies $ Theisen's All Supplies $ Theisen's Marshalltown Water Pollution Control Supplies $ Town & Country Services Fire Service $ Treat America Food Service Police Training $ 2, True Value Hardware All Supplies $ Two Rivers Cooperative All Fuel $ 7, U S Postmaster Finance Service $ Ultramax Ammunition Police Supplies $ United States Cellular All Utility $ USABlueBook Water Pollution Control Supplies $ Utility Equipment Co Street Supplies $ 7, Van Wall Equipment Street/Landfill/Parks Supplies $ Waldman, Susan Cemetery Reimbursement $ Water Department All Utility $ 10, Watts Family Monuments Inc Cemetery Service $ Wellik, Jarrod Fire Reimbursement $ Wertjes Uniforms Police Police Equipment $ Windstream All Utility $ 3, Zimco Supply Company Golf Supplies $ Zoll Fire Supplies $ 1, Zylstra, Ryan Police Training $ TOTAL: $ 196, Pre-Authorized Payments Black Hills Energy All Utility $ 3, Clements, Dusty Housing Initiative Exec Rental Program $ 5, Doll Distributing Golf Concessions $ Graham, Amy Water Pollution Control I&I Reimbursement $ 1, Hernandez, Bianca Water Pollution Control I&I Reimbursement $ 3, Iowa Beverage Golf Concessions $ Lane, Mitch Water Pollution Control I&I Reimbursement $ 2, Peska, Rachel Water Pollution Control I&I Reimbursement $ 1, ACH Payments from Great Southern Bank Bank Iowa All Insurance $ 15, Delta Dental All Insurance $ 9, Lincoln National Life All Insurance $ 3, Payroll All Payroll $ 372, State Of Iowa Parks/WPC/Golf/Landfill Sales Tax $ 1, Wellmark BC/BS All Insurance $ 138,692.31

31 City of Newton Council Report Item: Ordinance amending the Code of Ordinances, City of Newton, Iowa, 2016, Title VII, Chapter 70, Section 70.15, Traffic and Parking Schedules Adopted by Reference, to make changes to street parking in the 300 and 800 blocks of N 3 rd Ave W Summary: To restrict street parking for safety purposes and accommodate current use. Financial Impact: none Report Number: Date: March 20, 2017 Lead Department: Police Department Recommendation: Approve Background: 300 block of N 3 rd Ave W: The current code restricts parking on both sides of N 3 rd Ave W from W 3 rd St N to a point 65 feet west. The street and City right-of-way in the 300 block of N 3 rd Ave W was abandoned several years ago. This land is owned by the adjacent hotel and is used for hotel parking. Staff recommends that this parking restriction be removed from the City code. 800 block of N 3 rd Ave W: The City received safety concerns from citizens regarding street parking along the section of roadway described below. These complaints are a result of vehicles being parked on both sides of streets that are too narrow to allow this parking capacity and still allow vehicles free and safe passage. A primary concern is that emergency vehicles may not be able to travel through this area on emergency calls and there is a heightened risk of motor vehicle and pedestrian accidents as a result of the current parking design. N 3 rd Ave W between W 8 th St N and W 9 th St N is a 16-foot wide gravel street that is too narrow to safely accommodate vehicles parked on both sides. The Traffic Safety Committee recommends restricting parking on the south side of N 3 rd Ave W while continuing to allow parking on the north side. Six (6) surveys describing the recommended changes have been sent to the adjacent property owners along N 3 rd Ave W. Two (2) surveys were returned and both were in favor of the recommended changes. Recommendation: Staff recommends approval of the ordinance amendment to change parking in the 300 and 800 blocks of N 3 rd Ave W Jarrod Wellik Interim City Administrator Attachment

32 ORDINANCE NO. ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF NEWTON, IOWA, 2016, TITLE VII, CHAPTER 70, SECTION 70.15, TRAFFIC AND PARKING SCHEDULES ADOPTED BY REFERENCE, TO MAKE CHANGES TO STREET PARKING IN THE 300 AND 800 BLOCKS OF N 3 RD AVE W. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEWTON, IOWA: Section 1. The Code of Ordinances, City of Newton, Iowa, 2016, Title VII, Chapter 70, Section 70.15, Traffic and Parking Schedules Adopted by Reference is hereby amended by adding or deleting the following: NO PARKING ZONES. No one shall stop, stand or park a vehicle in any of the following specifically designated no parking zones except when necessary to avoid conflict with other traffic or in compliance with the direction of a peace officer or traffic control signal. AVENUES, NORTHWEST QUADRANT North Third Avenue. "No Parking Anytime". Both sides from West Third Street North to a point sixty-five (65) feet west South side from West Eight Street North west to West Ninth Street North. 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, 2017, after the final passage, approval and publication as provided by law. PASSED this day of, APPROVED this day of, (SEAL) Michael L. Hansen, Mayor ATTEST: 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, 2017 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

33 City of Newton Council Report Item: Ordinance amending the Code of Ordinances, City of Newton, Iowa, 2016, Title VII, Chapter 70, Section 70.15, Traffic and Parking Schedules Adopted by Reference, to make changes to street parking in the 1300 block of Crescent Drive. Summary: To restrict street parking for safety purposes and accommodate current use. Financial Impact: none Report Number: Date: March 20, 2017 Lead Department: Police Department Recommendation: Approve Background: The City received safety concerns from citizens regarding street parking along the section of roadway described below. These complaints are a result of vehicles being parked on both sides of streets that are too narrow to allow this parking capacity and still allow vehicles free and safe passage. A primary concern is that emergency vehicles may not be able to travel through this area on emergency calls and there is a heightened risk of motor vehicle and pedestrian accidents as a result of the current parking design block of Crescent Drive: Crescent Drive between E 13 th St N and E 14 th St N is 25 feet wide, which is not wide enough to safely accommodate parking on both sides of the street. The City of Newton Traffic Safety Committee has reviewed the situation and recommends restricted parking on the north side of Crescent Drive from E 13 th St N E 14 th St N. Eleven (11) surveys describing the recommended changes were sent to the adjacent property owners along Crescent Drive. Three (3) surveys were returned with two (2) residents agreeing with the recommended changes and one (1) opposing the recommended changes. Recommendation: Staff recommends approval of the ordinance amendment to restrict parking on the north side of the street in the 1300 block of Crescent Drive. Jarrod Wellik Interim City Administrator Attachment

34 ORDINANCE NO. ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF NEWTON, IOWA, 2016, TITLE VII, CHAPTER 70, SECTION 70.15, TRAFFIC AND PARKING SCHEDULES ADOPTED BY REFERENCE, TO MAKE CHANGES TO STREET PARKING IN THE 1300 BLOCK OF CRESCENT DRIVE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEWTON, IOWA: Section 1. The Code of Ordinances, City of Newton, Iowa, 2016, Title VII, Chapter 70, Section 70.15, Traffic and Parking Schedules Adopted by Reference is hereby amended by adding or deleting the following: NO PARKING ZONES. No one shall stop, stand or park a vehicle in any of the following specifically designated no parking zones except when necessary to avoid conflict with other traffic or in compliance with the direction of a peace officer or traffic control signal. STREETS, NORTHEAST QUADRANT Crescent Drive "No Parking Anytime". North side from East Thriteenth Street North east to East Fourteenth Street North. 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, 2017, after the final passage, approval and publication as provided by law. PASSED this day of, APPROVED this day of, (SEAL) Michael L. Hansen, Mayor ATTEST: 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, 2017 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

35 City of Newton Council Report Item: Ordinance amending the Code of Ordinances, City of Newton, Iowa, 2016, Title VII, Chapter 70, Section 70.15, Traffic and Parking Schedules Adopted by Reference, to make changes to street parking on West 4 th Street North and Union Drive. Summary: To restrict street parking for safety purposes and accommodate current use. Financial Impact: none Report Number: Date: March 20, 2017 Lead Department: Police Department Recommendation: Approve Background: The City received safety concerns from citizens regarding street and shoulder parking along the sections of roadway described below. These complaints are a result of vehicles being parked on both sides of streets that are too narrow to allow this parking capacity and still allow vehicles free and safe passage. A primary concern is that emergency vehicles may not be able to travel through these areas on emergency calls and there is a heightened risk of motor vehicle and pedestrian accidents as a result of the current parking design. W 4 th St N from Union Drive north to the City Limits & Union Drive from West Eighth Street North to West Fourth Street North: In general, these sections are 20 feet wide with gravel shoulders, which is not wide enough to safely accommodate parking on both sides of the street. These streets are collector streets and, just like N 19 th Ave, are heavily used as a truck route by commercial motor carriers. The City of Newton Traffic Safety Committee has reviewed the situation and recommends restricted parking on both sides of West Fourth Street North from Union Drive north to the city limits and on both sides of Union Drive from West Eighth Street North to West Fourth Street North. Thirty-two (32) surveys describing the recommended changes were sent to the adjacent property owners. Eleven (11) surveys were returned with ten (10) residents agreeing with the recommended changes and one (1) opposing the recommended changes. Recommendation: Staff recommends approval of the ordinance amendment to restrict parking on W 4 th St N and Union Drive. Jarrod Wellik Interim City Administrator Attachment

36 ORDINANCE NO. ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF NEWTON, IOWA, 2016, TITLE VII, CHAPTER 70, SECTION 70.15, TRAFFIC AND PARKING SCHEDULES ADOPTED BY REFERENCE, TO MAKE CHANGES TO STREET PARKING ON WEST 4 TH STREET NORTH AND UNION DRIVE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEWTON, IOWA: Section 1. The Code of Ordinances, City of Newton, Iowa, 2016, Title VII, Chapter 70, Section 70.15, Traffic and Parking Schedules Adopted by Reference is hereby amended by adding or deleting the following: NO PARKING ZONES. No one shall stop, stand or park a vehicle in any of the following specifically designated no parking zones except when necessary to avoid conflict with other traffic or in compliance with the direction of a peace officer or traffic control signal. STREETS, NORTHWEST QUADRANT West Fourth Street North. "No Parking Anytime". West side from First Avenue north to North Second Avenue West. Both Sides from North Second Avenue West north to North Seventh Avenue West. West side from North Seventh Avenue West north to North Ninth Avenue West. Both sides from Union Drive north to the City Limits. Union Drive. "No Parking Anytime". Both sides from West Eighth Street North to West Fourth Street North. 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, 2017, after the final passage, approval and publication as provided by law. PASSED this day of, APPROVED this day of, (SEAL) Michael L. Hansen, Mayor ATTEST: 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, 2017 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

37 City of Newton Council Report Item: Ordinance amending the Code of Ordinances, City of Newton, Iowa, 2016, Title VII, Chapter 70, Section 70.15, Traffic and Parking Schedules Adopted by Reference, to make changes to street parking in the blocks of E 14 th St S. Summary: To restrict street parking for safety purposes and accommodate current use. Financial Impact: none Report Number: Date: March 20, 2017 Lead Department: Police Department Recommendation: Approve Background: The City received safety concerns from citizens regarding street parking along the section of roadway described below. These complaints are a result of vehicles being parked on both sides of streets that are too narrow to allow this parking capacity and still allow vehicles free and safe passage. A primary concern is that emergency vehicles may not be able to travel through this area on emergency calls and there is a heightened risk of motor vehicle and pedestrian accidents as a result of the current parking design. 800 through 1300 blocks of E 14 th St S: E 14 th St S between S 8 th Ave E and S 13 th Ave E can be considered a minor collector street. The 800, 1100 and 1200 blocks of E 14 th St S are 25 feet wide and the 900, 1000 and 1300 blocks of E 14 th St S are 31 feet wide. These street widths are not wide enough to safely accommodate parking on both sides of the street. The City of Newton Traffic Safety Committee has reviewed the situation and recommends restricted parking on the west side of E 14 th St S in the 800 through 1300 blocks. Thirty-one (31) surveys describing the recommended changes were sent to the adjacent property owners along E 14 th St S. Twenty (20) surveys were returned with twelve (12) residents agreeing with the recommended changes and eight (8) opposing the recommended changes. Recommendation: Staff recommends approval of the ordinance amendment to restrict parking on the west side of the street in the 800 through 1300 blocks of E 14 th St S. Jarrod Wellik Interim City Administrator Attachment

38 ORDINANCE NO. ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF NEWTON, IOWA, 2016, TITLE VII, CHAPTER 70, SECTION 70.15, TRAFFIC AND PARKING SCHEDULES ADOPTED BY REFERENCE, TO MAKE CHANGES TO STREET PARKING IN THE BLOCKS OF E 14 th St S. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEWTON, IOWA: Section 1. The Code of Ordinances, City of Newton, Iowa, 2016, Title VII, Chapter 70, Section 70.15, Traffic and Parking Schedules Adopted by Reference is hereby amended by adding or deleting the following: NO PARKING ZONES. No one shall stop, stand or park a vehicle in any of the following specifically designated no parking zones except when necessary to avoid conflict with other traffic or in compliance with the direction of a peace officer or traffic control signal. STREETS, SOUTHEAST QUADRANT East Fourteenth Street South. "No Parking Anytime". West side from South Eight Avenue East south to South Thirteenth Avenue East. 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, 2017, after the final passage, approval and publication as provided by law. PASSED this day of, APPROVED this day of, (SEAL) Michael L. Hansen, Mayor ATTEST: 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, 2017 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

39 City of Newton Council Report Item: Ordinance amending the Code of Ordinances, City of Newton, Iowa, 2016, Title VII, Chapter 70, Section 70.15, Traffic and Parking Schedules Adopted by Code Reference by adding stop signs and yield signs at various locations. Summary: Install stop and yield signs to improve safety at uncontrolled intersections. Financial Impact: Minimal Report Number: Date: April 3, 2017 Lead Department: Public Works Department Recommendation: Approve Background: As part of the Safe Community Goal, the traffic safety committee looked at all the uncontrolled intersections located in an area bound on the north by 1 st Avenue W, on the east by 1 st Street S, and on the west and south by City limits. There are a total of 15 uncontrolled intersections remaining in this area. The intersections in this area were analyzed based on school traffic, pedestrian traffic and the neighborhood dynamics. The Traffic Safety Committee recommends that stop and yield signs be added at the following uncontrolled intersections: Streets: W 14 th St S at Monroe Drive This is an uncontrolled T intersection. Add a stop sign for northbound traffic on W 14 th St S. W 15 th St S at S 13 th Ave W This is an uncontrolled T intersection. Add a stop sign for southbound traffic on W 15 th St S. W 15 th St Pl S at S 15 th Ave W This is an uncontrolled T intersection. Add a stop sign for southbound traffic on W 15 th St Pl S. W 17 th St S at S 15 th Ave W This is an uncontrolled T intersection. Add a stop sign for northbound traffic on W 17 th St S. Avenues: S 3 rd Ave W at W 13 th St S This is an uncontrolled T intersection. Add a stop sign for eastbound traffic only on S 3 rd Ave W. S 3 rd Ave W at W 14 th St S This is an uncontrolled T intersection. Add a stop sign for westbound traffic on S 3 rd Ave W. S 14 th Ave W at W 13 th St S This is an uncontrolled T intersection. Add a stop sign for westbound traffic on S 14 th Ave W. S 15 th Ave W at W 13 th St S This is an uncontrolled T intersection. Add a stop sign for westbound traffic on S 15 th Ave W. S 15 th Ave W at W 14 th St S This is an uncontrolled T intersection. Add a stop sign for eastbound traffic on S 15 th Ave W.

40 Traffic Safety Committee recommends that yield signs be added at the following uncontrolled intersections: W 4 th St S at S 15 th Ave W Add a yield sign for northbound traffic on the east frontage road of W 4 th Street S at S 15 th Ave W. W 4 th St S at S 16 th Ave W Add to the City code an existing yield sign for northbound traffic on the east frontage road of W 4 th Street S at S 16 th Ave W. This yield sign has existed for many years but was not in the City code. S 3 rd Ave W at W 13 th St S Add a yield sign for westbound traffic only on S 3 rd Ave W at W 13 th St S. S 11 th Ave W at W 22 nd St S Add a yield sign for westbound traffic on S 11 th Ave W at W 22 nd St S. S 16 th Ave W at W 13 th St S Add a yield sign for westbound traffic on S 16 th Ave W at W 13 th St S. S 16 th Ave W at W 14 th St S Add a yield sign for eastbound traffic on S 16 th Ave W at W 14 th St S. With the adoption of this ordinance, the Traffic Safety Committee has completed the City goal to address all known uncontrolled intersections in Newton. Recommendation: City Staff recommends approval of the Ordinance amendment for stop and yield signs to be added at various intersections to improve the safety of our residents. Matt Muckler City Administrator Attachments

41 ORDINANCE NO. ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF NEWTON, IOWA, 2016, TITLE VII, CHAPTER 70, SECTION 70.15, TRAFFIC AND PARKING SCHEDULES ADOPTED BY REFERENCE BY ADDING STOP SIGNS AND YIELD SIGNS AT VARIOUS LOCATIONS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEWTON, IOWA: Section 1. The Code of Ordinances, City of Newton, Iowa, 2016, Title VII, Chapter 70, Section Traffic and Parking Schedules Adopted by Reference 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: STREETS, SOUTHWEST QUADRANT West Fourteenth Street South. Vehicles traveling on West Fourteenth Street South shall stop at the following street intersections. Monroe Drive. West Fifteenth Street South. Vehicles traveling on West Fifteenth Street South shall stop at the following street intersections. South Twelfth Avenue West, Northbound only. South Thirteenth Avenue West. South Twenty-fourth Avenue West. West Fifteenth Street Place South. Vehicles traveling on West Fifteenth Street Place South shall stop at the following street intersections. South Fifteenth Avenue West. West Seventeenth Street South. Vehicles traveling on West Seventeenth Street shall stop at the following street intersections. South Fifteenth Avenue West. AVENUES, SOUTHWEST QUADRANT South Third Avenue West. Vehicles traveling on South Third Avenue West shall stop at the following street intersections. West Third Street South. West Fourth Street South. West Eighth Street South. [Ord Eff. 05/09/2014] West Twelfth Street South. [Ord Eff. 05/09/2014] West Thirteenth Street South, eastbound only. West Fourteenth Street South. South Fourteenth Avenue West. Vehicles traveling on South Fourteenth Avenue West shall stop at the following street intersections. [Ord Eff. 05/09/2014] West Sixth Street South. [Ord Eff. 05/09/2014] West Twelfth Street South. [Ord Eff. 05/09/2014] West Thirteenth Street South. South Fifteenth Avenue West. Vehicles traveling on South Fifteenth Avenue West shall stop at the following street intersections. West Fourth Street South. West Seventh Street South, Eastbound only. [Ord Eff. 05/09/2014] West Ninth Street South. West Twelfth Street South. [Ord Eff. 05/09/2014] West Thirteenth Street South. West Fourteenth Street South. West Sixteenth Street South. [Ord 2237 Eff. 10/28/2014] SPECIAL YIELD REQUIRED. Every driver of a vehicle shall yield in accordance with the following: West Fourth Street South. Vehicles traveling on West Fourth Street South shall yield at the following street intersections. South 15 th Avenue West, northbound traffic on the east frontage road of West Fourth Street South. South 16 th Avenue West, northbound traffic on the east frontage road of West Fourth Street South. South Third Avenue West. Vehicles traveling on South Third Avenue West shall yield at the following street intersections. West Thirteenth Street South, westbound only. South Eleventh Avenue West. Vehicles traveling on South Eleventh Avenue West shall yield at the following street intersections. West Twenty-second Street South.

42 South Sixteenth Avenue West. Vehicles traveling on South Sixteenth Avenue West shall yield at the following street intersections. West Thirteenth Street South. West Fourteenth 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, 2017, after the final passage, approval and publication as provided by law. PASSED this day of, APPROVED this day of, Michael L. Hansen, Mayor ATTEST: 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, 2017 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, 2017.

43 City of Newton Council Report Item: Ordinance amending the Code of Ordinances, City of Newton, Iowa, 2016, Title IX, Chapter 95 Cemeteries by adding Newton Memorial Park Cemetery and updating language in the code to be in accordance with Iowa Code 523I. Summary: Update the ordinance to reflect current conditions, terminology and practice. Financial Impact: None. Report Number: Date: April 17, 2017 Lead Department: Public Works Department Recommendation: Approve Background: Newton Memorial Park Cemetery is a perpetual care cemetery located at st Avenue E and consists of 7.26 acres with a mausoleum. At the June 1, 2015 City Council meeting, the City of Newton approved a Memorandum of Understanding that the City of Newton would assist the Iowa Insurance Division (IID) with the maintenance and operation of the Newton Memorial Park Cemetery during the IID s receivership. The IID was appointed receiver of Newton Memorial Park Cemetery per court order on June 2, 2015 by the District Court for Jasper County. The City of Newton took ownership of Newton Memorial Park Cemetery per the District Court for Jasper County order dated October 19, Newton Memorial Park Cemetery needs to be added to the City Code. In the past a buyer of a burial lot received a cemetery deed. The terminology of deed is often used for the sale of land and this confuses the public by believing that they purchased a piece of land at the cemetery. In reality, a buyer of a burial lot is purchasing the right of burial or interment. The Iowa Code uses the term interment rights. Staff proposes changing the word deed in the City Code to certificate of interment rights. City staff has been doing a LEAN process of cemetery work. During this process it was realized the paperwork flows between several City offices, including City Hall where the Mayor signs the certificate of interment (formerly titled deed ). Conversations with IID revealed that an elected official does not need to sign the certificate of interment. A person representing the City cemetery can sign the certificate of interment. Staff proposes changing the City Code to have the Clerk or Clerk s designee sign certificates of interment. This will enable a purchaser of a burial lot to receive their certificate of interment the day they pay and would eliminate paperwork being transported between the Park Office and City Hall. The City of Newton owns and operates 2 perpetual care cemeteries: Union Cemetery and Memorial Park Cemetery. Perpetual Care cemeteries must comply with Iowa Code 532I, which requires that perpetual cemeteries to set aside and deposit in the care fund an amount equal to or greater than $50.00 or 20% of the gross selling price received for each sale of interment rights, whichever is more. The City has been collecting and depositing

44 perpetual care funds in accordance with State Code 523I. Staff proposes modifying the City Code to state that the cemetery perpetual care amounts should follow State Code 523I. Recommendation: City staff recommends approval the ordinance to include Memorial Park Cemetery and to update language in the code to be in accordance with Iowa Code 523I. Matthew Muckler City Administrator Attachment

45 ORDINANCE NO. ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF NEWTON, IOWA, 2016, TITLE IX, CHAPTER 95 CEMETERIES BY ADDING NEWTON MEMORIAL PARK CEMETERY AND UPDATING LANGUAGE IN THE CODE TO BE IN ACCORDANCE WITH IOWA CODE 523I BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEWTON, IOWA: Section 1. The Code of Ordinances, City of Newton, Iowa, 2016, Title VII, Chapter 95, Section Sale of Lots is hereby amended by adding or deleting the following: DEFINITION. The term CEMETERY shall mean the Newton Union Cemetery and Newton Memorial Park Cemetery, which is a are municipal cemetery cemeteries under the provisions under Iowa Code Ch. 523I. (2011 Code, ) TRUSTEESHIP Pursuant to section 523I.502 of the Code of Iowa, the City of Newton, Iowa, hereby states its willingness and intention to act as the trustee for the perpetual maintenance of interment spaces in each Cemetery ESTABLISHMENT OF TRUST FUND A perpetual trust is hereby established for each cemetery in accordance with Iowa Code chapter 523I, the Iowa Cemetery Act. A restricted fund is created for each cemetery, to be known and designated as the perpetual care cemetery fund for that cemetery. The perpetual care cemetery fund shall be funded by the deposit of an amount equal to or greater than twenty (20) percent of the gross selling price, or $50.00, whichever is more for each sale of interment space within the cemetery. The fund shall be administered in accordance with the purpose and provisions of Iowa Code chapter 523I. The perpetual care fund shall be maintained separate from all operating funds of the cemetery and the principal of the fund shall not be reduced voluntarily except as specifically permitted by the Iowa Cemetery Act and applicable administrative regulations RECORDS. (A) It shall be the duty of the Clerk or the Clerk s designee to make and keep a permanent record of all interments made in the cemetery, which record shall at all time be open to public inspection. (B) The record shall, among other things, include: (1) Plat. An accurate plat of the cemetery; (2) Lot owners. The names of the owners of all lots that have been sold including the amounts deposited in the perpetual care cemetery fund. (3) Lot descriptions. The correct description of all lots for sale and the price thereof, as shall be fixed by the City Council; and (4) Grave locations. The exact location of each grave upon each cemetery lot SALE OF LOTS. The sale of lots in the cemetery shall be evidence by a deed certificate of interment rights signed and executed by the Mayor and the Clerk or Clerk s designee for and on behalf of the city, and it shall be the duty of the Clerk or the Clerk s designee to collect the purchase price in full for any lot sold before delivering the deed of conveyance certificate of interment rights for the same. A portion of the sale price as specified by the rules and regulations established by the Council shall be set aside and deposited in the Perpetual Care Endowment Fund of the cemetery. The certificate of interment rights shall disclose the amount or percentage of money to be placed in the perpetual care cemetery fund. (2011 Code, ) FEES, CHARGES AND PAYMENTS. The payment of all fees and charges shall be made at the office of the Clerk, or the Clerk s designee, where receipts will be issued for all amounts paid. Said fees and charges shall be based upon the charges as set out in the rules and regulations then in effect as adopted by the Council. (2011 Code, ) PERPETUAL CARE (A) General. The term PERPETUAL CARE shall be construed to mean the obligation which the city assumes to each year expend the net annual income of the perpetual care endowment set aside for the lot in furnishing such care as mowing grass, raking and cleaning the lot and adjacent alleys, filling of sunken graves and keeping monumental work in a vertical position. Where the income is sufficient it may be used in the perpetual care of avenues, alleys, fences, buildings and grounds in general. Expenditures shall be made at the discretion and under the direction of the Council and the city shall not be bound to make any separate investment of the sum of money set aside as perpetual care, but the same shall be added to the Perpetual Care Fund of the city and the proceeds therefrom used by the city in the manner heretofore provided. (2011 Code, )

46 (B) Perpetual care on lot sales. Future lot sales in the cemetery shall be made with the perpetual care provided for, at the rates specified in the rules and regulations as adopted by the Council, under and by virtue of the terms of this chapter. (2011 Code, ) (C) (B) Cemetery lots without perpetual care. Owners of lots or other interested persons may secure perpetual care on lots or parts of lots in the older portions of the cemetery not having perpetual care by the payment to the city of the perpetual care charges at the rates specified in the rules and regulations the code. (2011 Code, ) 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, 2017, after the final passage, approval and publication as provided by law. PASSED this day of, APPROVED this day of, Michael L. Hansen, Mayor ATTEST: 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, 2017 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

47 City of Newton Council Report Item: Resolution Accepting a Donation of Property at 601 West 12 th Street South, City of Newton, Iowa Summary: The owner of the former Newton Country Club clubhouse proposes to donate the property to the City Financial Impact: No direct acquisition cost. Will incur costs of due diligence process and normal costs of maintaining the property for at least three years. Report Number: Date: April 17, 2017 Lead Department: Finance and Development Recommendation: Approval Update: This item failed to pass at the April 3 rd City Council meeting. It has been placed on the agenda again to allow the full Council to consider rescinding the April 3 rd result and reconsidering passage of the Resolution. Passage of the Resolution would state the City s intent to move forward with the acceptance of the property, pending the City s due diligence process. Since the April 3 rd meeting, current tenants in the subject building have made progress towards possible relocations. It would be recommended that these tenants have all relocated prior to the City taking the deed to the property. Once the City would own the property, it would be very likely that the City could not transfer title to it for a period of three years, due to tax consequences for the donor. If approved, it is anticipated that the actual transfer of the property to the City would take place in July Background: The former Newton Country Club property is located on the west side of the 600 and 700 blocks of West 12 th Street South in Newton. The approximately 70-acre property was sold to the William and Georganne Talsma Trust for $475,000 in December of The next year, XCO II, LLC, managed by Walt Smith of Newton, purchased a 1.63-acre parcel from the Talsmas. The $125,000 purchase included the former Newton Country Club clubhouse building. In the years since then, Smith has invested in the remodeling of the building, and it currently is the home of a chiropractic clinic and a salon, among other uses. The Gingerbread House daycare is in a separate building on a different property to the west that is still owned by the Talsmas.

48 In order to complement and facilitate residential growth in Newton, Smith has offered to donate the former clubhouse property to the City of Newton. The current tenants are all on short-term leases and would vacate the building and relocate to other Newton locations. The City would envision clearing the property of the building as part of a training exercise. The cleared property could then be incorporated into future residential development, consistent with the Cardinal Ridge townhome subdivision that the City is developing to the west. The current assessed valuation of the subject property is $158,960, and its proposed donation to the City would present the opportunity to greatly increase that total with additional new development. The City s proposed acceptance of the Smith donation would be contingent on the negotiation of a final agreement that would provide the specific details of the transaction. The details include title work, environmental investigation, vacating the building, and the terms and timing of the closing, among other items. It is anticipated that this due diligence would take approximately 90 days. Recommendation: Staff recommends approval of the Resolution. Matt Muckler City Administrator

49 RESOLUTION NO RESOLUTION ACCEPTING A DONATION OF PROPERTY AT 601 WEST 12 th STREET SOUTH, CITY OF NEWTON, IOWA WHEREAS, the property located at 601 West 12 th Street South in Newton, Iowa, is owned by XCO II, LLC, and consists of 1.63 acres of land and an approximately 10,400 square foot building that formerly served as the clubhouse for the Newton Country Club; and WHEREAS, the President of XCO II, LLC, Walter W. Smith, has submitted a proposal to the City of Newton that the subject property be donated to the City; and WHEREAS, the City owns 4.25 acres of residential development property to the west of the clubhouse, and the proposed donation property could complement the residential development of the area; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newton: That the City of Newton will accept ownership to the following described property: Parcel F of Lot 3 of the Subdivision of the Northeast Quarter of the Southwest Quarter of Section 33, Township 80 North, Range 19 West of the 5 th PM, City of Newton, Jasper County, Iowa, as shown on Plat of Survey filed in Book 1156, Page 593 in the Office of the Jasper County Recorder. Together with all associated easements of record. subject to the finalization of an agreement that specifies the terms and conditions of the donation. PASSED this 17 th day of April, APPROVED this day of April ATTEST: Michael L. Hansen, Mayor Katrina Davis, City Clerk

50 City of Newton Council Report Item: Resolution Approving the Acquisition of Right-of-Way at 1200 South 6 th Avenue West, Newton, from Talsma Trusts Summary: The proposal is to acquire approximately one acre of land south of the former Newton Country Club buildings to create a road connection to the townhome development site. Financial Impact: No direct payment, but a commitment to demolish the former pro shop building on Talsma property. Report Number: Date: April 17, 2017 Lead Department: Finance and Development Recommendation: Approval Background: In 2016, the City of Newton acquired a 4.25 acre parcel to the west of the former Newton Country Club building in the 1200 block of South 6 th Avenue West. This land will become a townhome development, and the City is under contract to have infrastructure built in the subdivision to accommodate the residences. In order for the home sites to have access to the public road network, an additional connection is needed. This connecting roadway, which runs through the area that is south of the former Country Club building, has been designed and is ready for construction. The right-of-way for this connecting roadway is proposed to be acquired from the property owner, the William and Georganne Talsma Trusts. An acquisition plat has been prepared that shows the dedication of approximately one acre of land that will become a sixty-foot wide public right-of-way. An agreement has been prepared with the Talsmas to affirm this dedication. In order to best facilitate future development, the City has also sought agreement with the Talsmas for the removal of the former pro shop (and current day care center) building they own. The agreement would be to have the building vacant by the end of July and demolished by mid-september. The City would provide grant funding for this demolition or incorporate it into the project that would demolish the clubhouse of the former Country Club. In the proposed agreement with the Talsmas, the City would also state its intent to have some aesthetic features installed in association with the connecting road and to accommodate future residential development by potentially establishing Tax Increment Finance Districts to help defray the cost of residential infrastructure.

51 Recommendation: Staff recommends approval of the Resolution. Matt Muckler City Administrator

52 RESOLUTION NO RESOLUTION APPROVING THE ACQUISITION OF RIGHT-OF-WAY AT 1200 SOUTH 6 TH AVENUE WEST, NEWTON, FROM TALSMA TRUSTS WHEREAS, the City of Newton has established a Housing Initiative in 2013 and funded it by issuing $3.6 million of bonds in 2014; and WHEREAS, the Housing Initiative includes funds to provide public infrastructure, and one of the infrastructure projects involves the construction of Cardinal Ridge, a townhome subdivision on the former Newton Country Club land; and WHEREAS, the William J. Talsma Trust No. 1 and the GeorgAnne Talsma Trust No. 1 own the land through which the roadway to the Cardinal Ridge subdivision will pass; and WHEREAS, an agreement has been prepared with the Talsma Trust for the necessary right-of-way to be acquired by the City; and NOW, THEREFORE, BE IT RESOLVED by the City Council of Newton, Iowa: That the attached acquisition plat is hereby approved per the terms of the attached Public Right-of-Way Dedication Agreement with the William J. Talsma Trust No. 1 and the GeorgAnne Talsma Trust No. 1. PASSED this 17 th day of April, APPROVED this day of April, ATTEST: Michael L. Hansen, Mayor Katrina Davis, City Clerk

53 PUBLIC RIGHT OF WAY DEDICATION AGREEMENT To: William J. Talsma, as Trustee of the William J. Talsma Trust No. 1 and Georganne Talsma, as Trustee of the Georgeanne Talsma Trust No. 1 (herein designated as "Owner"). The City of Newton, a municipal corporation of the State of Iowa (herein referred to as the "City"), acting by and through its City Administrator, hereby offers to acquire the real estate located at 1200 S 6 Ave W in the City of Newton, Jasper County, Iowa, described as follows: Approximately one acre of land for public road right-of-way as illustrated in the attached Acquisition Plat together with any easements needed to access the property and supply it with utilities, and servient estates appurtenant thereto, buildings and improvements, hereinafter collectively called "Property". STATEMENT OF ZONING: ZONED, R - 2, ONE and TWO FAMILY DWELLING DISTRICT. (RESIDENTIAL) 1. CONSIDERATION. A. The Owner will: a. Dedicate the proposed right-of-way for public road construction to the City of Newton by signing an acquisition plat, illustrated as attached. b. Allow for temporary construction easements to allow the road project to take place beginning April 18, c. Have the building located on Parcel G of Lot 3 (former pro shop and current day care) of the subject property vacated by July 31, d. Consent to the demolition of the building located on Parcel G of Lot 3 utilizing a City grant or by entering into an agreement with the City to perform the demolition. The demolition is to be completed by September 15, B. The City will: a. Construct a public roadway and public utilities on the right-of-way dedicated by the Owner. b. Provide aesthetic entry features on the public roadway. c. Provide a grant or enter into a separate agreement to perform the demolition of the building located on Parcel G of Lot 3. d. Remove the full former tennis court facility located on the property of the Owner. e. State its intent to form at least one Residential Tax Increment Finance District on the Owner s property to provide a source of funding for future public infrastructure expenditures. This District would be envisioned to facilitate the future extension of the roadway to the west of Cardinal Ridge Plat 1. f. Cover the costs of producing and recording the acquisition plat. 2. SPECIAL ASSESSMENTS. Owner shall pay all special assessments which are a lien on the date of acceptance of this offer. The Owner will not be responsible for any improvement costs or connection fees on the subject Property. 3. CLOSING AND POSSESSION. The City and the Owner agree to close the dedication of the property within 7 days following final approval of this agreement by the City Council. The City shall be entitled to possession of said property upon transfer of title. 4. CONTRACT BINDING ON SUCCESSORS IN INTEREST. This contract shall apply to and bind the heirs, executors, administrators, assigns and successors in interest of the respective parties. 5. INTENTION OF USE OF WORDS AND PHRASES. Words and phrases herein, including any acknowledgment hereof, shall be construed as in the singular or plural number, and as masculine, feminine or neuter gender, according to the context. 6. REPRESENTATIONS. This document represents the entire agreement of both parties and can only be amended by a writing signed by both parties. 7. APPROVAL. This offer shall not be binding upon the City of Newton until approval by Resolution of the Newton City Council. 8. NO REAL ESTATE AGENT OR BROKER. Neither party has used the services of a real estate agent or broker in connection with this transaction. DATE OF OFFER April _Negotiator For City CITY OF NEWTON, IOWA By Date

54 The foregoing offer is accepted this day of, 20. Offer To Buy Real Estate and Acceptance Page 2 Owner: Owner's Spouse:

55 38+00 PT EOP PREPARED BY AND RETURN TO: EUGENE DREYER BOLTON & MENK, INC FORD STREET AMES, IA (515) ACQUISITION PLAT OF SURVEY xxxx NEWTON, IA W 12TH ST. S 3/13/2017 PC PC PT PT EOP PC LEGEND FOUND 1/2" REBAR WITH YELLOW PLASTIC CAP #17535 (UNLESS OTHERWISE NOTED) FOUND SECTION CORNER SET 1 2"x24" REBAR WITH YELLOW PLASTIC CAP #17535 SET 5 8"x24" REBAR WITH YELLOW PLASTIC CAP #17535 (R) P.U.E. RECORDED DIMENSION PUBLIC UTILITY EASEMENT SCALE FEET Bolton & Menk, Inc. 2017, All Rights Reserved EUGENE R. DREYER LICENSED PROFESSION AL LAND SURVEYOR I OWA I hereby certify that this land surveying document was prepared by me and the related field work was performed by me or under my direct personal supervision and that I am a duly licensed Land Surveyor under the laws of the State of Iowa EUGENE R. DREYER L.S. REG. NO. PAGES OR SHEETS COVERED BY THIS SEAL: H:\NEWTIA\A \CAD\C3D\111645_AQUISITIONPLAT.dwg 3/13/ :06 PM DATE: MY LICENSE RENEWAL DATE IS DECEMBER 31, 2018 THIS SHEET R ACQUISITION PLAT OF SURVEY CARDINAL HILLS 2730 FORD ST, P.O. BOX 668 AMES, IOWA (515) SHEET 1 A JOB NUMBER:

56 Jasper County, IA Newton Country Club Building Parcel Overview Legend Parcels Corporate Limits Political Townships Roads <all other values> County Hwy County Paved Federal Interstate Local 255 ft Parcel ID Sec/Twp/Rng Property Address 601 W 12TH ST S NEWTON District Brief Tax Description Developed by The Schneider Corporation Alternate ID Class C Acreage 1.63 NWNT SECTION:33 TOWNSHIP:80 RANGE:19PARCEL F OF LOT 3 NE SW (Note: Not to be used on legal documents) Jasper County Data Disclaimer Owner Address XCO II LLC 550 OKEECHOBEE BLVD # 1602 WEST PALM BEACH FL Please Read Carefully This Jasper County Geographical Information System product contains information from publicly available sources that are subject to constant change. Jasper County makes no warranties or guarantees, either expressed or implied, as to the completeness, accuracy, or correctness of this product, nor accepts any liability arising from any incorrect, incomplete or misleading information contained therein. The information presented in this product does not replace or modify land surveys, deeds, and/or other legal instruments defining land ownership and use. All drawing components (lines, curves, points, etc.) are created as a representation and should not be construed as actual. Date created: 3/1/2017 Last Data Uploaded: 3/11/ :31:24 AM

57 City of Newton Council Report Item: Resolution Approving a Change Order in the Contract for the Roadway and Utility Public Improvements for the Cardinal Ridge Subdivision at 1200 South 6 th Avenue West in Newton Summary: Add to the existing contract to construct the permanent public improvements for the Cardinal Ridge townhome subdivision. Financial Impact: Reduction of $34,875 in the contract price for the infrastructure Report Number: Date: April 17, 2017 Lead Department: Finance and Development Recommendation: Approval Background: Last fall, following a sealed bid process and a public hearing, the City entered into a contract with Halbrook Excavating to construct public infrastructure associated with the Cardinal Ridge townhome subdivision. The contract was for $711,031 and included the paving of the road within the subdivision and the water and sewer lines to serve it. In order to accelerate the project and have the development proceed in an orderly fashion, a Change Order is now proposed. The scope of work would change to eliminate the paving work but extend the grading work to prepare the full roadway from West 12 th Street through the subdivision. To meet State bidding requirements, the paving will be bid separately, with an award of contract anticipated on June 5 th. This should align with the timeframe for the readiness of the base of the roadway for paving. The routing of the full roadway would be approved in conjunction with this Change Order. Efforts were made to minimize the loss of trees and to most effectively have the road accommodate future development. The new scope of work for Halbrook reduces the contract price by $34,875. This reduction is reflected in the proposed Change Order. Recommendation: City Staff recommends that Council approve the Resolution Matt Muckler City Administrator

58 RESOLUTION NO RESOLUTION APPROVING A CHANGE ORDER IN THE CONTRACT FOR THE ROADWAY AND UTILITY PUBLIC IMPROVEMENTS FOR THE CARDINAL RIDGE SUBDIVISION AT 1200 SOUTH 6 TH AVENUE WEST IN NEWTON WHEREAS, the City of Newton established a Housing Initiative in 2013 and funded it with over $3.6 million in bonds in 2014; and WHEREAS, part of the Housing Initiative provided that the City would directly participate in the provision of new subdivision infrastructure; and WHEREAS, following a sealed bid process and public hearing, the City approved a contract for $711,031 with Halbrook Excavating of Ankeny, Iowa, in October 2016; and WHEREAS, the proposed scope of work has changed to include additional infrastructure preparation associated with the roadway connecting the subdivision lots and West 12 th Street South but deferring the paving to a separate bid to stay within State bidding laws; and WHEREAS, Halbrook Excavating has agreed to a Change Order to accomplish this amended scope of work for a reduction in cost by $34,875.00; and WHEREAS, City staff recommends that the City of Newton this Change Order to lower to total cost to $676,156.00; NOW, THEREFORE, BE IT RESOLVED, by the City Council of Newton, Iowa, that the attached Change Order Number 1 from Halbrook Excavating of Ankeny, Iowa, for the revised scope of the Cardinal Ridge Public Improvements Project is hereby accepted, reducing the overall contract price by $34, PASSED this 17 th day of April, APPROVED this day of April, ATTEST: Michael L. Hansen, Mayor Katrina Davis, City Clerk

59 Owner: Address: CITY OF NEWTON 101 W. 4th Street South Newton, IA Distribution: Owner X Engineer: Bolton & Menk, Inc. Engineer X Address: 309 E 5th Street, Suite 202 Contracto X Des Moines, IA Other CHANGE ORDER Contractor: Halbrook Excavating 4807 SE Rio Court Ankeny, IA Project Title Cardinal Ridge Plat I* BMI Project # A Purchase Order # N/A Orig. Contract Amount & Date $711, October 12, 2016 Change Order Number 1 Date April 13, 2017 * Previously known as Country Club Enclave Due to the additional construction scope and design revisions the Contract is changed as Items 1, 2, and 3 - No change Item 4 - Decrease in project quantity of 19,492 CY Item 5 - Increase in project quantity of 3,150 SY Item 6 - Increase in project quantity of 3,150 SY and an increase in unit price from $9.50 to $10.00 per unit Item 7 - Increase in project quantity of 4 LF Item 8 - Decrease in project quantity of 1 EA Item 9 - Increase in project quantity of 61 LF Item 9.A - New line item required for additional construction scope Item 9.B - New line item required for additional construction scope Item 10 - Decrease in project quantity of 1 EA Item 10.A - New line item required for additional construction scope Item 10.B - New line item required for additional construction scope Item 10.C - New line item required for additional construction scope Item 11 - Increase in project quantity of 1,988 LF Item 12 - Increase in project quantity of 6 EA Item 13 - Increase in project quantity of 2 EA Item 13.A - New line item required for additional construction scope Item 14 - Increase in project quantity of 118 LF Item 15 - Increase in project quantity of 455 LBS Item 16 - Decrease in project quantity of 3 EA Item 17 - Decrease in project quantity of 3 EA Item 18 - Increase in project quantity of 1 EA Item 19 - Decrease in project quantity of 3 EA Item 20 - Increase in project quantity of 1 EA Item 21 - Decrease in project quantity of 1 EA Item 22 - No change Item 23 - Increase in project quantity of 3 EA Item 23.A - New line item required for additional construction scope Item 24 - Item de-scoped from this project Phase 1 Item 25 - Increase in project quantity of 390 SY Item 26 - Increase in project quantity of 3 AC Item 26.A - New line item required for additional construction scope Item 26.B - New line item required for additional construction scope Item 27 - No change Item 28 - No change Item 29 - Increase in project quantity of 4 EA Item 30 - Increase in project quantity of 10 LF Item 31 - Decrease in project quantity of 4 EA Item 31.A - New line item required for additional construction scope H:\NEWTIA\A \7_Construction\A_Revisions\Change Order 1\Newton_Change Order 1.xlsx 1 of 3

60 Item Description Unit Unit Price Quantity Adjustment Value Adjustment 1 TRAFFIC CONTROL LS $ 8, $ - 2 MOBILIZATION LS $ 45, $ - 3 CLEARING AND GRUBBING LS $ 14, $ - 4 EXCAVATION, CLASS 13 CY $ 4.00 (19492) $ (77,968.00) 5 SUBGRADE PREPARATION SY $ $ 12, MODIFIED SUBBASE SY $ $ 32, SANITARY SEWER GRAVITY MAIN, TRENCHED, PVC, 8" LF $ $ SANITARY SEWER SERVICE STUB, 4-INCH PVC EA $ 1, (1) $ (1,250.00) 9 STORM SEWER, TRENCHED, RCP CLASS III, 15 INCH LF $ $ 3, A STORM SEWER, TRENCHED, RCP CLASS III, 18" LF $ $ 4, B STORM SEWER, TRENCHED, RCP CLASS III, 24" LF $ $ 4, PIPE APRON, 15", RCP CLASS III EA $ 1, (1) $ (1,750.00) 10.A PIPE APRON, 18", RCP CLASS III EA $ 1, $ 3, B PIPE APRON, 24", RCP CLASS III EA $ 2, $ 2, C PIPE APRON GUARD EA $ 1, $ 3, SUBDRAIN, HDPE, 6 IN. LF $ $ 39, SUBDRAIN CLEANOUT, PVC RISER, 6 INCH EA $ $ 3, SUBDRAIN OUTLETS AND CONNECTIONS, 6 INCH EA $ $ 1, A SUMP DISCHARGE SERVICE STUB, SCH 40 PVC, 1.5" LF $ $ 3, WATER MAIN, TRENCHED, PVC, 8 INCH LF $ $ 2, FITTING, DUCTILE IRON, 8 INCH LBS $ $ 4, WATER SERVICE STUB, CURB STOP & BOX, 1 INCH EA $ 1, (3) $ (3,000.00) 17 GATE VALVE, 8 INCH EA $ 1, (3) $ (5,700.00) 18 FIRE HYDRANT ASSEMBLY EA $ 5, $ 5, FLUSHING DEVICE (BLOWOFF), 8 INCH EA $ 2, (3) $ (6,000.00) 20 MANHOLE TYPE SW-301, 48" EA $ 3, $ 3, MANHOLE TYPE SW-401, 48" EA $ 2, (1) $ (2,750.00) 22 MANHOLE TYPE SW-402, 40 x40, WITH RESTRICTOR PLATE, 8 ORIFICE EA $ 3, $ - 23 INTAKE TYPE SW-505 EA $ 3, $ 11, A INTAKE TYPE SW-506 EA $ 5, $ 11, PAVEMENT, PCC, 7 INCH SY $ (1870) $ (121,550.00) 25 PAVEMENT REMOVAL SY $ $ 3, CONVENTIONAL SEEDING, SEEDING, FERTILIZING, AND MULCHING AC $ 2, $ 9, A SWPPP MMANAGEMENT LS $ 3, $ 3, B RIP RAP, CLASS D TN $ $ 9, SILT FENCE, INSTALL, MAINTAIN & REMOVE EA $ $ - 28 STABILIZED CONSTRUCTION ENTERANCE EA $ 1, $ - 29 EROSION CONTROL MULCHING, CONVENTIONAL EA $ 1, $ 3, INLET PROTECTION DEVICE, INSTALL, MAINTAIN & REMOVE LF $ $ 1, TYPE A SIGN WITH STANDARD 12 GA SQUARE BASE EA $ (4) $ (1,000.00) 31.A TYPE 3 BARRICADE WITH RETROREFLECTIVE RED AND WHITE STRIPES EA $ $ 1, TOTAL ($34,875.00) H:\NEWTIA\A \7_Construction\A_Revisions\Change Order 1\Newton_Change Order 1.xlsx 2 of 3

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62 City of Newton Council Report Item: Resolution Approving Engineering Services Agreements with Bolton & Menk, Inc. to Provide Construction Administration Services for the Cardinal Ridge Subdivision at 1200 South 6 th Avenue West in Newton Summary: The proposal is to hire an engineering consultant for construction administration of the infrastructure work at the Cardinal Ridge townhome development site. Financial Impact: Contract of $66,000 from the Housing Initiative bond funds. Report Number: Date: April 17, 2017 Lead Department: Finance and Development Recommendation: Approval Background: Last year, the City Council approved a contract with Bolton & Menk, Inc., an engineering firm from Des Moines, to provide design services and subdivision platting for the former Newton Country Club site intended for a townhome development. The company has completed the design work and has proposed an additional agreement for the infrastructure work. Bolton & Menk s latest proposal would be to manage the construction of the the permanent public roadway into the Cardinal Ridge subdivision. This roadway would connect West 12 th Street South to the townhome subdivision from a southerly route aligned with South 7 th Avenue West. The scope would include construction administration, observation, staking, testing, and additional bidding. The cost of the new agreement with Bolton & Menk would be $66,000. The funding would come from the City s Housing Initiative Infrastructure bond funds. In sum, the engineering contracts for this project amount to approximately 10% of total project cost. It is good practice to retain the design engineer for construction services to provide continuity on a project. Recommendation: Staff recommends approval of the Resolution. Matt Muckler City Administrator

63 RESOLUTION NO RESOLUTION APPROVING ENGINEERING SERVICES AGREEMENTS WITH BOLTON & MENK, INC. TO PROVIDE CONSTRUCTION ADMINISTRATION SERVICES FOR THE CARDINAL RIDGE SUBDIVISION AT 1200 SOUTH 6 TH AVENUE WEST IN NEWTON WHEREAS, the City of Newton established a Housing Initiative in 2013 and funded it with over $3.6 million in bonds in 2014; and WHEREAS, part of the Housing Initiative provided that the City would directly participate in the provision of new subdivision infrastructure; and WHEREAS, the City has entered into a contract to construct a road on 4.25 acres of land at 1200 South 6 th Avenue West to create a townhome subdivision; and WHEREAS, Bolton & Menk, Inc. of Ames has submitted a proposal to provide construction administration services for this project, including observation, staking, testing, and additional bidding, for $66,000; and WHEREAS, Bolton & Menk, Inc. has provided the engineering services on this project to date and is qualified to provide the additional subdivision and infrastructure services; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newton, Iowa, that the attached engineering services agreements with Bolton & Menk, Inc. are hereby approved in the amount of $66,000, to be paid for by the Housing Initiative Infrastructure funds. PASSED this 17 th day of April, APPROVED this day of April, ATTEST: Michael L. Hansen, Mayor Katrina Davis, City Clerk

64 April 12, 2017 Mr. Bryan Friedman Director of Finance & Development City of Newton, Iowa 101 W. 4 th Street Newton, Iowa RE: Proposal for Construction Administration Service for Country Club Enclave Dear Mr. Friedman: Bolton & Menk is pleased to submit this proposal to provide construction services for the Country Club Enclave (Cardinal Ridge Plat 1) project. This scope will be added to the current contract for Country Club Enclave as an additional task. The following scope of service description summarizes the tasks necessary to complete the construction administration. SCOPE OF SERVICES ADD TASK 12: CONSTRUCTION ADMINISTRATION Subtask 12.A Construction Project Management Description: This task will include: Coordinate and attend a preconstruction conference. Provide supervision and support to resident project representative and perform regular on-site reviews. Convene and preside over weekly construction progress meetings and prepare minutes Prepare change orders and written directives as needed Review and approve shop drawings, materials lists, suppliers lists, and other required submittals by contractor Assist the Resident Project Representative (RPR) with the preparation, review and approval of partial pay requests. Maintain with contractor to project schedule updating as project progresses Provide all project updates to City staff at regular interval Coordinate project closeout activities with City and Contractor. Secure all other documentation required from contractor for final payment, including lien releases, affidavits of withholding, acknowledgement by surety of final payment, etc. Subtask 12.B Construction Observation Description: For budgeting purposes, it is assumed the construction period will be 12 weeks with an average of 20 hours per week of construction observation budgeted. The RPR will be responsible for the following: Attend preconstruction conference Attend weekly construction progress meetings and prepare minutes Schedule and coordinate construction staking Schedule and coordinate materials testing Assist the Project Manager with the preparation, review and approval of partial pay requests Assist Project Manager in serving as City s liaison with contractor h:\newtia\a \0_cardinal hills survey\a_project management\proposals\newton-cardinal ridge-construction administration_ docx

65 Name: Mr. Bryan Friedman Date: April 12, 2017 Page: 2 Report to Project Manager when clarifications, modifications and interpretations of the Contract Documents are needed and transmit to contractor clarifications, modifications and interpretations as issued by Project Manager Maintain Construction Records, including construction correspondence; construction diary; record and documentation of quantities; record of measurements, ties, sketches or other documentation of buried construction items and underground utilities; photographic and video record during construction; materials testing reports and documentation Conduct an on-site review of the project and develop an itemization of construction issues to be corrected or resolved (punchlist) Monitor completion of the punchlist items by the contractor Conduct a final project walk through with the City and the contractor to verify that all punchlist items have been completed to the satisfaction of the City Prepare final pay estimate and submit to contractor for review and approval. Resolve any issues regarding pay item quantities with the contractor. Subtask 12.C Construction Staking Description: Provide the detailed construction staking for the infrastructure elements to be constructed, including: Street improvements Sanitary sewer pipe and structures Watermain pipe and appurtenances Storm sewer pipe and structures Subtask 12.D Geotechnical Services Description: Subcontract a qualified geotechnical firm for materials testing services. Subcontractor shall provide construction materials testing and documentation for the project. Subtask 12.E Phase 2 Activities Description: This task includes the following: Negotiate construction contract revision with Contractor Revise drawings to remove paving activities Develop a Phase 2 drawing package for paving activities for bidding Perform bidding assistance which includes: o Prepare advertisement for bids and submit to the City Clerk for publications required for public bids o Provide copies of the contract/bidding documents o Address questions from prospective bidders, subcontractors and suppliers, and prepare and issue addenda as required Coordinate construction permit revisions with permitting authorities COMPENSATION The compensation for the additional task 12 is listed below: Task 12.A Construction Project Administration: $ 9, Task 12.B Construction Observation: $30, Task 12.C Construction Staking: $14, Task 12.D Geotechnical Materials Testing: $ 5, Task 12.E Phase 2 Activities $ 8, Total: $66,000.00

66 Name: Mr. Bryan Friedman Date: April 12, 2017 Page: 2 This proposal is subject to the "Terms of Proposal" provided as part of the original proposal. Additional Services may be added as part of a change order or a new service proposal. Please do not hesitate to contact us with any questions about our experience or this proposal. Sincerely, Bolton & Menk, Inc. Accepted: City of Newton, Iowa Chadd Kahlsdorf, P.E., PMP Project Manager

67 S C C C C R C C PT C C EOP D D D D BOP PC BOP S S D PROPOSED SANITARY SEWER PROPOSED WATER MAIN S W 12TH ST S PROPOSED STORM SEWER D PROPOSED SUBDRAIN D PC S 7TH AVE W BOP PC PC PT EOP PT D D PROPOSED SANITARY SEWER PT INSERT A S PI PI S S EOP SEE INSERT A FOR CONTINUATION Bolton & Menk, Inc. 2017, All Rights Reserved H:\NEWTIA\A \CAD\C3D\Sheets\N2\A-MAP.dwg 2/14/2017 3:27 PM SCALE FEET 309 E 5TH STREET, SUITE 202 DES MOINES, IOWA Phone: (515) DesMoines@bolton-menk.com REV 1 ISSUED FOR CO1 DATE 02/23/17 DESIGNED CKK DRAWN CKK CHECKED CNK CITY OF NEWTON, IOWA CARDINAL RIDGE PLAT 1 OVERALL SITE MAP SHEET A.3

68 City of Newton Council Report Item: Resolution Authorizing Sale of Additional Property Located in Fountain Hills Estates, First Addition, in Newton Summary: The City is proposing to transfer an additional lot in the Fountain Hills subdivision to Venture Homes of West Des Moines. Financial Impact: City would receive $10,000 upon resale of property, but would also provide $10,000 buyer incentive Report Number: Date: April 17, 2017 Lead Department: Finance and Development Recommendation: Approval Background: At its October 7, 2013, meeting, the City Council held a public hearing on the sale of the eighteen lots it owns in Fountain Hills Estates subdivision. These lots are located in the 900 through 1100 blocks of West 22 nd Street South and the 2000 through 2100 blocks of South 11 th Avenue West and were acquired through the tax sale process from Jasper County. Upon gaining title to these lots, the City sought proposals from builders for residential construction on the properties, with the incentive that the lots would be transferred for free, if the builders would commit to completing specific projects. In March of 2014, the City entered into an agreement with Venture Homes of West Des Moines. The agreement required Venture to construct two high-quality single-family homes and gave them the exclusive right to acquire any of the additional lots in Fountain Hills for $1 apiece for new home construction through the end of Any lots not developed at that time would stay in or revert to City ownership. In December 2016, the City Council extended Venture s rights to the lots by one year. In March 2017, the City revised the terms of the agreement to charge Venture $10,000 per lot, but then make the buyers of the future finished homes eligible for the $10,000 buyer incentive from the City. Venture Homes now wants to acquire Lot 13 of the subdivision for additional development of similar style and quality. Lot 13 is located on the same side of the road and further north of the two most recent homes. The proposed agreement would set the terms of the transfer of Lot 13 to Venture Homes and would facilitate the continuation of single-family residential development in Fountain Hills. Recommendation: Staff recommends approval of the attached Resolution Matt Muckler City Administrator

69 RESOLUTION NO RESOLUTION AUTHORIZING SALE OF ADDITIONAL PROPERTY LOCATED IN FOUNTAIN HILLS ESTATES, FIRST ADDITION, IN NEWTON WHEREAS, the City of Newton, Iowa has acquired certain real estate located in Fountain Hills Estates, First Addition, subdivision; and WHEREAS, said real estate is not needed for public purposes; and WHEREAS, an offer has been submitted to purchase certain land owned by the City of Newton, Iowa, which land is located within the Fountain Hills subdivision, legally described as: Lot 13 of Fountain Hills Estates, First Addition, to Newton, Jasper County, Iowa, as appears in plat recorded in Book A, Page 569, in the office of the Recorder of said County, including therein all of Outlot G thereof, as appears in plat recorded in Book 1156, Pages 591 and 592 in the office of the Recorder of said County. and WHEREAS, sale of the Development Property will result in substantial public benefit, the expansion of the tax base; and WHEREAS, the Newton City Council has held a public hearing on this proposal; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newton: Section 1: That the attached Agreement to Purchase Real Estate negotiated with the City by Venture Homes by Stephen R. Grubb II, LLC, be approved and accepted.. Section 2: That the City Attorney shall be authorized and directed to prepare a deed, obtain the signatures of the Mayor and City Clerk who are each hereby authorized and directed to execute said deed on behalf of the City of Newton, Iowa, and to take all steps necessary to complete the transfer of title to the selected developer, per the terms of the Agreement to Purchase Real Estate. PASSED this 17 th day of April, APPROVED this day of April, ATTEST: Michael L. Hansen, Mayor Katrina Davis, City Clerk

70 PURCHASE AND DEVELOPMENT AGREEMENT This Purchase and Development Agreement (hereinafter Agreement ) for sale of property owned by the City of Newton in Fountain Hills Estates, First Addition, in Newton, Iowa, is made on or as of the 17 th day of April, 2017, by and between the City of Newton, Iowa (hereinafter City ), and Venture Homes by Stephen R. Grubb II, LLC, (hereinafter Developer ), of West Des Moines, Iowa, and in consideration of the premises and the mutual obligations of the parties hereto, each of them does and hereby covenant and agree with the other as follows: SECTION 1. PURCHASE PRICE. Subject to all the terms, covenants and conditions of this Agreement, the City will sell the Property to the Developer for, and the Developer will purchase the Property from the City and pay therefore, the amount of Ten Thousand Dollars ($10,000.00) (hereinafter "Purchase Price ). The cash payment representing the full Purchase Price for each lot shall be delivered to the City upon sale and closure of each home built upon each Property. The deed shall be delivered to Developer when each lot is acquired and the City shall subordinate each lot when acquired by Developer, with said subordination secured by a mortgage. SECTION 2. TAXES. The real estate taxes are paid through the fiscal payment year. All regular taxes due and payable after closing shall be the responsibility of the purchaser. SECTION 3. SPECIAL ASSESSMENTS. The City shall pay any special assessments which are a lien on the date of acceptance of this offer. None are known at this time. SECTION 4. DESCRIPTION OF PROPERTY. All that certain parcel of land (hereinafter "Property") described as follows: Lot 13 of Fountain Hills Estates, First Addition, to Newton, Jasper County, Iowa, as appears in plat recorded in Book A, Page 569, in the office of the Recorder of said County, including therein all of Outlot G thereof, as appears in plat recorded in Book 1156, Pages 591 and 592 in the office of the Recorder of said County. SECTION 5. CONVEYANCE OF PROPERTY. a) Form of Deed. The City shall convey title to the Property to the Developer by Warranty Deed (hereinafter "Deed"). Such conveyance and title shall be subject to all conditions, covenants and restrictions contained in this Agreement. b) Time and Place for Closing and Delivery of Deed. The City shall deliver the Deed and possession of the Property to the Developer no later than 30 days from the date of this Agreement or on such other date as the parties hereto may mutually agree in writing (hereinafter "Closing Date"). Conveyance shall be made at the Newton City Hall at which time and place the Developer shall accept such conveyance and pay to the City the Purchase Price. c) Abstract of Title. The City will provide an Abstract of Title for the lot for the Developer to examine prior to closing. SECTION 6. CITY RESPONSIBILITIES a) The City guarantees that utilities are available to the lot, including City water, City sanitary sewer, electricity, and natural gas.

71 Purchase and Development Agreement Page 2 SECTION 7. IMPROVEMENTS. The Developer shall be responsible for making improvements to the Property consistent with the improvements described by the Developer in the attached proposal (See Exhibit A). SECTION 8. RESTRICTIONS AS TO USE. The property shall be used as residential property, which shall be in conformance with the current Zoning Code for the City of Newton. SECTION 9. PROHIBITION AGAINST ASSIGNMENT AND TRANSFER. The Developer shall not sell or otherwise transfer ownership of the Property or any subsequently acquired lots, without the specific written approval of the City, prior to when the construction of the improvements on the Property has been completed and the City has issued a Certificate of Completion. SECTION 10. REMEDIES. Except as otherwise provided in this Agreement, in the event of any default in or breach of this Agreement or any of its terms or conditions by either party, the party alleged to be in default or breach shall, upon written notice from the other, proceed immediately to cure or remedy such default or breach within sixty (60) days after receipt of such notice. In such case, if action is not taken or not diligently pursued, or the default or breach shall not be cured or remedied within a reasonable time, the aggrieved party may institute such proceedings as may be necessary or desirable in its opinion to cure and remedy such default or breach. a) In the event that the City does not tender conveyance or possession of the Property in the manner and condition, and by the date, provided in this Agreement, and any such failure shall not be cured within thirty (30) days after the date of written demand by the Developer, then this Agreement shall, at the option of the Developer, be terminated by written notice thereof to the City, and neither the City nor the Developer shall have any further rights against or liability to the other under this Agreement. All deposits, if any, shall be returned to the Developer. b) The City may terminate this Agreement and take title and possession of the Property from the Developer if the Developer is in violation of any of the provisions of this Agreement without refund of any and all payments made by the Developer to the City. SECTION 11. NOTICES AND DEMANDS. A notice, demand or other communication under this Agreement by either party to the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally, and: a) In the case of the Developer, is addressed or delivered personally to the Developer at 475 S. 50 th St., Suite 100, West Des Moines, IA 50265; and, (b) In the case of the City, is addressed or delivered personally to the City Administrator, 101 West 4 th Street South, Newton, IA 50208, or at such other address with respect to either party as that party may from time to time designate in writing and forward to the other as provided in this Section.

72 Purchase and Development Agreement Page 3 SECTION 12. CITY COUNCIL APPROVAL. This Agreement is subject to the approval of the Newton City Council after notice to the public and a hearing on the terms of this Agreement as required by the laws of the State of Iowa. IN WITNESS WHEREOF, the City has caused this Agreement to be duly executed in its name and behalf by its Mayor and its seal to be hereunto duly affixed and attested by its City Clerk, and the Developer has caused this Agreement to be duly executed in its name, and if a corporation on its behalf its President and its corporate seal (if any) to be hereunto duly affixed and attested by its Secretary, on or as of the day first above written. (SEAL) CITY OF NEWTON, IOWA By: Michael L. Hansen, Mayor ATTEST: Katrina Davis, City Clerk DEVELOPER: By:

73 Purchase and Development Agreement Page 4

74 Jasper County, IA Fountain Hills Estates Lot 13 Proposed for Fifth House In Subdivision by Venture Homes Overview Legend Parcels Corporate Limits Political Townships Roads <all other values> County Hwy County Paved Federal Interstate Local 255 ft Developed by The Schneider Corporation Jasper County Data Disclaimer Please Read Carefully This Jasper County Geographical Information System product contains information from publicly available sources that are subject to constant change. Jasper County makes no warranties or guarantees, either expressed or implied, as to the completeness, accuracy, or correctness of this product, nor accepts any liability arising from any incorrect, incomplete or misleading information contained therein. The information presented in this product does not replace or modify land surveys, deeds, and/or other legal instruments defining land ownership and use. All drawing components (lines, curves, points, etc.) are created as a representation and should not be construed as actual. Date created: 4/12/2017 Last Data Uploaded: 3/11/ :31:24 AM

75 City of Newton Council Report Item: Resolution awarding contract for the Fountain Hills Subdivision Turnaround Project. Summary: To enable the construction of a paved turnaround near the north end of W 22 nd St S in the Fountain Hills Subdivision. Financial Impact: $14, from the housing initiative paid with the 2014 bond proceeds. Report Number: Date: April 17, 2017 Lead Department: Public Works Recommendation: Approve Background: W 22 nd Street N currently extends north from S 12 th Avenue W to the south side of a creek in Fountain Hills Subdivision. The initial subdivision plans had W 22 nd Street N continuing north across the creek. The continuation of the W 22 nd Street N across the creek will not happen due to ownership changes and development of property north of the creek. Since W 22 nd Street N will not be constructed any further north, a turnaround is needed. With the recent construction of 4 homes in this subdivision, now is the time to provide a turnaround near the north end of the street. A turnaround will be used by emergency vehicles and snowplow trucks and will eliminate the need for traffic to use private driveways to turn around. Public Works staff prepared plans for a paved hammer-head type turnaround near the north end of W 22nd St S on the east side of the street (refer to Project Location Map). The turnaround will be constructed on Lot 10, which the City owns. This lot has a steep hill that would require extensive earthwork for traditional home construction. The turnaround will be 20 feet wide by 47 feet long with turning radii. Staff prepared a Request for Quotations packet for the Fountain Hills Subdivision Turn- Around Project, and sought quotations for said project. The following quotations were received and opened on April 6, 2017: Contractor Quoted Price Blommers Const., Inc. - Pella, Iowa $ 14, Day Construction Services - Marshalltown, Iowa $ 14, TK Concrete, Inc. - Pella, Iowa $ 14, Precision Concrete, Inc. - Brooklyn, Iowa $ 15, Mid-State Const. Co., Inc. - Baxter, Iowa $ 16, Strand Excavating, Inc. - Grinnell, Iowa $ 20, Absolute Concrete Const., Inc. - Slater, Iowa $ 24, The apparent low quotation was submitted by Blommers Construction, Inc. of Pella, Iowa. The completion date of the project is July 31, The 2014 bond proceeds for the housing initiative will be used to pay the $14, project cost.

76 Recommendation: City Staff recommends that Council award the project to Blommers Construction, Inc. of Pella, Iowa in the amount of $14, Matt Muckler City Administrator Attachment Project Location Map

77 RESOLUTION NO RESOLUTION AWARDING CONTRACT FOR THE FOUNTAIN HILLS SUBDIVISION TURN-AROUND PROJECT WHEREAS, W 22 nd St S in the Fountain Hills Subdivision currently ends in a dead-end at the north end of the subdivision; and WHEREAS, with the recent construction of several houses on this street, vehicles are now using this street and not able to make a safe turn around when near the north end of W 22 nd St S; and WHEREAS, to dissuade traffic from using private driveways to turn around, Public Works staff prepared plans for a paved hammer-head type turn-around near the north end of W 22 nd St S; and WHEREAS, the staff prepared a Request For Quotations packet for the Fountain Hills Subdivision Turn-Around Project, and sought quotations for said project; and WHEREAS, sealed quotations were received and opened on April 6, 2017; and WHEREAS, City staff recommends that the City of Newton award a contract to Blommers Construction, Inc. of Pella, Iowa for the Fountain Hills Subdivision PCC Turn-Around Project based on the low responsive, responsible quotation received in the amount of $14, NOW, THEREFORE, BE IT RESOLVED, by the City Council of Newton, Iowa, that the quotation of Blommers Construction, Inc. of Pella, Iowa, in the amount of Fourteen Thousand Three Hundred Sixty Dollars and Zero Cents ($14,360.00) for the Fountain Hills Subdivision Turn-Around Project, all as described in the Request For Quotations packet, is hereby accepted, the same being the lowest, responsive quotation received for said project. BE IT FURTHER RESOLVED, by the City Council of the City of Newton, Iowa, that the Contract and Bond executed by Blommers Construction, Inc. of Pella, Iowa for the Fountain Hills Subdivision Turn-Around Project as described by the Request For Quotations packet filed in the office of the Public Works Director, said contract to be signed by the Mayor and City Clerk on behalf of the City, be and the same are hereby approved. The project cost will be paid using funds allocated for the housing initiative in the 2014 bond proceeds. PASSED this day of April APPROVED this day of April ATTEST: Michael L. Hansen, Mayor Katrina Davis, City Clerk

78 City of Newton Council Report Item: Resolution approving a multi-year agreement for the July 4 th Fireworks Display. Summary: A multi-year agreement would provide additional fireworks. Financial Impact: Minimal. Report Number: Date: April 17, 2017 Lead Department: Public Works Department Recommendation: Approve Background: J & M Displays of Yarmouth, Iowa has supplied the fireworks and put on the July 4 th show for the City of Newton during the past several years. The City has been pleased with the services and show provided by J & M Display. In the past, the Park Board has raised approximate $7,000 to $8,000 each year for the fireworks show. The show for 2017 will be $7,500. J & M Displays offer incentives to annual customers who sign a multiple year agreement with them. The City had previously signed a 3-year agreement with J & M Displays in For each year during the contract, the customer will receive an additional 15% of product based on the amount purchased. This equates to $1,050 to $1,200 of additional fireworks product each year. The contract does not require the City to purchase a certain amount of product each year, but simply guarantees the City will utilize their services for the next three years. Recommendation: City staff recommends approval of the resolution authorizing the Mayor to sign the Multiple Year Agreement Extension with J & M Displays of Yarmouth, Iowa. Matt Muckler City Administrator Attachment

79 RESOLUTION NO RESOLUTION APPROVING A MULTI-YEAR AGREEMENT FOR THE JULY 4 TH FIREWORKS DISPLAY WHEREAS, the Park Board has been effective fundraisers and has raised $7,000 to $8,000 for the fireworks display during the past several years; and WHEREAS, J & M Displays of Yarmouth, Iowa has provided the City of Newton a great fireworks show for many years; and WHEREAS, J & M Displays offers incentives to customers to sign a multiple year agreement; and WHEREAS, the city would receive an additional 15% of fireworks each of the three years of the multiple year agreement. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Newton, Iowa, that the Mayor is authorized to sign the Multiple Year Agreement Extension with J & M Displays of Yarmouth, Iowa. PASSED this day of April, APPROVED this day of April, ATTEST: Michael L. Hansen, Mayor Katrina Davis, City Clerk

80 MULTIPLE YEAR AGREEMENT EXTENSION This Agreement can be considered an extension of the previously signed Multiple Year Agreement made by and between J & M Displays, Inc., an Iowa corporation, having its principal place of business in Yarmouth, Iowa, hereinafter referred to as Seller, and the, hereinafter referred to as the Buyer. Whereas, the parties agree as follows: 1. Seller is in the business of providing fireworks displays. More specifically, Seller is in the business of providing 1.3G (Class B) fireworks for display. 2. Buyer hereby agrees to purchase all of their 1.3G (Class B) fireworks exclusively from Seller for the next three years (20, 20, 20 ). In consideration thereof, Seller hereby agrees to provide bonus product to the Buyer in an amount based on the total dollars of fireworks purchased by Buyer for a given year. The Seller will have the final choice of bonus product but said product is to be fireworks of like quality and condition as the 1.3G (Class B) fireworks purchased by Buyer from Seller for the given year. The bonus for signing this extension to the Buyer s original Multiple Year Agreement is as follows: year: Bonus product equaling a dollar value of 15% of the total fireworks dollar value purchased by Buyer (total dollar value is fireworks only and excludes cost of insurance, shoot fee, taxes, etc.); year: Bonus product equaling a dollar value of 15% of the total fireworks dollar value purchased by Buyer (total dollar value is fireworks only and excludes cost of insurance, shoot fee, taxes, etc.); year: Bonus product equaling a dollar value of 15% of the total fireworks dollar value purchased by Buyer (total dollar value is fireworks only and excludes cost of insurance, shoot fee, taxes, etc.). 3. In addition to the bonus product described above, Buyer will also be entitled for each year of this Agreement to receive 8% of bonus product of like quality and condition as the fireworks purchased by the Buyer for the given year if Buyer provides an early order (all paperwork and payment for the fireworks display Revised 2/26/ J & M Displays, Inc.

81 provided to Seller at least 70 days prior to display date). In the event that Seller should increase the amount of its bonus product percentage for early order for the years of this exclusive Agreement, Seller agrees to match the increased bonus product percentage for Buyer these given years. 4. In no way is Buyer obligated to purchase 1.3G (Class B) fireworks from Seller for any of the years covered by this Agreement. Rather, Buyer is only obligated to purchase 1.3G (Class B) fireworks from Seller should Buyer opt, at Buyer s sole discretion, to have a fireworks display at its events for the years in question. 5. Extension: The final year of the Multiple Year Agreement the buyer will have the option to extend the Multiple Year Agreement for an additional three years if both parties mutually agree and a Multiple Year Agreement Extension is completed and signed. 6. Termination: This Agreement will expire three (3) years from its execution. The Buyer may, at its sole discretion, terminate this Agreement within 30 days after their fireworks display date. If Agreement is not terminated within the 30-day deadline, this Agreement will be in full force and effect for the following year. J & M DISPLAYS, INC. Seller Buyer Date Date Revised 2/26/ J & M Displays, Inc.

82 City of Newton Council Report Item: Resolution approving the elimination of the positions of Park Secretary and Cemetery Superintendent; and changing the number of Public Works Administrative Assistant positions in the Public Works Department from 1.0 to Summary: Improve the organizational structure of the Park Division. Financial Impact: Annual savings of approximately $78,000. Report Number: Date: April 17, 2017 Lead Department: Public Works Department Recommendation: Approve Background: Currently the Parks Division has 4 full-time superintendent positions, 4.6 full-time non-supervisory positions, and 1 contracted employee for a total of 9.6 full-time employees (FTE). In addition to the 9.6 FTE, there are many part-time seasonal workers (refer to the current Public Works Organizational Chart, effective July 2016). The Cemetery Superintendent retired on January 3, 2017 and the position has not been filled. The position of Cemetery Superintendent is a working supervisory position where the superintendent spends considerable time working alongside the supervised worker. To improve the organization structure of the Parks Division there is a need for fewer supervisors and more worker positions. The City is currently doing a LEAN process regarding cemetery public interaction and paperwork. Having the Park Secretary perform some of the duties of the Cemetery Superintendent would streamline the paperwork trail and provide better customer service by having an office person available to sell cemetery plots. Staff proposes to eliminate the positions of 0.6 time Park Secretary (pay range 3) and Cemetery Superintendent (pay range 7). Staff proposes to increase the number of Public Works Administrative Assistant positions (pay range 5) in the Public Works Department from 1.0 to (refer to the Public Works Organizational Chart, proposed April 2017). The current 0.6 time Park Secretary would be promoted to the time Public Works Administrative Assistant position. An annual savings of about $78,000 would be realized by implementing the proposed organizational changes in the Park Division. The Employee Relations Committee is meeting on April 17, 2017 prior to the City Council meeting. Staff recommends that the proposed changes be effective April 17, Recommendation: City staff recommends approval the attached resolution. Matt Muckler City Administrator

83 RESOLUTION NO RESOLUTION APPROVING THE ELIMINATION OF THE POSITIONS OF PARK SECRETARY AND CEMETERY SUPERINTENDENT; AND CHANGING THE NUMBER OF PUBLIC WORKS ADMINISTRATIVE POSITIONS FROM 1.0 TO WHEREAS, the Parks Division currently has 4 full-time supervisor positions, 4.6 full-time non-supervisory positions, 1 contracted employee and many part-time seasonal workers; and WHEREAS, to improve the organization structure of the Parks Division there is a need for less supervisors and more worker positions, and WHEREAS, the position of Cemetery Superintendent has been a working supervisory position where the superintendent spent considerable time working alongside the supervised worker; and WHEREAS, the Park Office will be moved to the Public Works/Planning & Zoning Office where the Park Secretary will be performing the same work as the Public Works Administrative Assistant position; and WHEREAS, combining the administrative duties of the Cemetery Superintendent and the 0.6 time Park Secretary position into a 7/8 time Public Works Administrative position will create efficiencies and better customer service. NOW, THEREFORE, BE IT RESOLVED by the City Council of Newton, Iowa that the positions of Park Secretary and Cemetery Superintendent be eliminated. BE IT FURTHER RESOLVED that the number of Public Works Administrative positions in the Public Works Department be increased from 1.0 to PASSED this day of April APPROVED this day of April ATTEST: Michael L. Hansen, Mayor Katrina Davis, City Clerk

84 PUBLIC WORKS DEPARTMENT ORGANIZATION CHART (Effective July 2016) CITY ADMINISTRATOR PUBLIC WORKS DIRECTOR AIRPORT (contracted) Number of Full-Time Employees: PW SUPPORT = 3 PARKS = 9.6 PW OPERATIONS = WATER POLLUTION CONTROL = 9 SUPPORT TEAM ADMINISTRATIVE ASSISTANT (1) PARK ADMINISTRATIVE SUPERINTENDENT PARK OPERATIONS SUPERINTENDENT CEMETERY SUPERINTENDENT PUBLIC WORKS OPERATIONS SUPERINTENDENT WATER POLLUTION CONTROL SUPERINTENDENT ENGINEERING TECHNICIAN (2) SEASONAL WORKERS PARK GROUNDS (11) GOLF (11) SWIMMING POOL (25-30) PARK OFFICE (1) GOLF PRO (contracted) GREENS SUPERINTENDENT SECRETARY (0.6) GROUNDSKEEPER (2) PARK MECHANIC (1) GROUNDSKEEPER (1) PW OPERATIONS ASSISTANT SUPERINTENDENT SCALE OPERATOR (1.25) EQUIPMENT OPERATOR (9) UTILITY WORKER (1) WPC ASSISTANT SUPERINTENDENT CHEMIST (1) ELECTRONICS TECHNICIAN (1) PLANT OPERATOR (5) PW OPERATIONS (3-4) WPC (1-2) CITY GARAGE MECHANIC (1) Total FTE s, contracted company

85 PUBLIC WORKS DEPARTMENT ORGANIZATION CHART (Proposed April 17, 2017) CITY ADMINISTRATOR PUBLIC WORKS DIRECTOR AIRPORT (contracted) Division and number of employees: PW SUPPORT = 3 PARKS = PW OPERATIONS = WATER POLLUTION CONTROL = 9 SUPPORT TEAM ADMINISTRATIVE ASSISTANT (1) PARKS ADMINISTRATIVE SUPERINTENDENT PARKS OPERATIONS SUPERINTENDENT PUBLIC WORKS OPERATIONS SUPERINTENDENT WATER POLLUTION CONTROL SUPERINTENDENT ENGINEERING TECHNICIAN (2) PARKS GREENS SUPERINTENDENT ADMINISTRATIVE ASSISTANT (0.875) GROUNDSKEEPER (3) PW OPERATIONS ASSISTANT SUPERINTENDENT WPC ASSISTANT SUPERINTENDENT SEASONAL WORKERS PARKS (11) GOLF (11) SWIMMING POOL (25 to 30) PARKS OFFICE (1) PW OPERATIONS (3 to 4) WPC (1 to 2) GOLF PRO (contracted) PARK MECHANIC (1) Open positions Park Operations Superintendent (1) EQUIPMENT OPERATOR (9) UTILITY WORKER (1) SCALE OPERATOR (1.25) CITY GARAGE MECHANIC (1) PLANT OPERATOR (5) CHEMIST (1) ELECTRONICS TECHNICIAN (1) Total FTE s = contracted company 1 open position

86 City of Newton Council Report Item: Resolution approving the Non- Union Compensation Plan Summary: The pay ranges in the Non-Union Compensation Plan have been adjusted by a 2.5% COLA increase effective July 1, Financial Impact: 2.5% Budgeted Salary Increase Report Number: Date: April 17, 2017 Lead Department: Administration Recommendation: Approval Background: The dollar amounts in the pay ranges in the , Non-Union Compensation Plan have been increased by a 2.5% Cost of Living Adjustment (COLA). It has been the practice that the agreed-upon contractual amounts given in the Union contracts, is then given to non-union employees as well. This is in line with other increases that have been approved for the other employee groups. The 2.5% increase for the Fire, Police, and Teamsters union agreements are effective July 1, In view of the salary changes, non-union employees, like the union Staff members, will increase their contribution to health insurance costs by contributing an additional 20% of the premium increase. Recommendation: It is recommended that the City Council adopt the , Non- Union Compensation Plan, as budgeted, effective July 1, Matt Muckler City Administrator

87 RESOLUTION NO RESOLUTION APPROVING THE NON-UNION COMPENSATION PLAN WHEREAS, the City of Newton has a formalized compensation plan for non-union employees, and WHEREAS, the City s non-union compensation plan underwent a major review and revision in 2004, and WHEREAS, in 2004 the Employee Relations Committee and Council s direction was to adjust the pay plan each year for a cost of living allowance (COLA), and WHEREAS, the City Council has approved the budget which included a 2.5% COLA for the Non-Union Compensation Plan, and WHEREAS, the dollar amounts in the proposed Non-Union Compensation Plan have been adjusted upwards by a 2.5% COLA, and NOW, THEREFORE, BE IT RESOLVED, that the Non- Union Compensation Plan with a 2.5% COLA is hereby approved effective July 1, PASSED this day of April, 2017 APPROVED this day of April, 2017 Michael L. Hansen, Mayor ATTEST: Katrina Davis, City Clerk

88 City of Newton Council Report Item: Resolution authorizing the Newton Historic Preservation Commission to Apply for a FY2018 Historic Resource Development Program Grant for the restoration of the Jasper County Courthouse Clock on behalf of Jasper County. Summary: As a Certified Local Government, only the Newton HPC is eligible to apply for HRDP Grant Funds. The City of Newton will serve as the applicant, passing the grant funds on to Jasper County. Financial Impact: None. Report Number: Date: April 17, 2017 Lead Department: Planning & Zoning Department Recommendation: Approve Summary: Jasper County is planning on repairing and restoring the clockwork of the Jasper County Courthouse. The clockwork is original to the building. Jasper County has approached the Newton Historic Preservation Commission and has requested that the commission serve as the applicant for a Historic Resource Development Program Grant. They are requesting a $50, for the State administered grant, which is due at the end of the month. Jasper County is not an eligible applicant for the program as they are not a Certified Local Government (CLG). Newton s Historic Preservation Commission is a CLG and is eligible to be an applicant for this specific grant program. At their meeting on April 3, 2017, the Historic Preservation Commission approved a motion recommending to the Newton City Council that the commission serve as the applicant for the grant if no other county body was eligible to apply. During the discussion, the following reasons to support the county by assisting with the application were highlighted: The Jasper County Courthouse is an individually listed resource on the National Register of Historic Places The Jasper County Courthouse is the centerpiece of the Newton Downtown Collaborating with Jasper County on the application continues to grow the ethic for preservation within our community While the Newton Historic Preservation Commission will serve as the applicant, it will function only as a pass-through body for the grant funding. Jasper County is committed to preparing or providing all of the necessary plans, documentation, and grant fund matching requirements, should it be awarded. The agreement, prepared by County Attorney Jacobson, stipulates that the County will be accountable for all of the responsibilities of the grant. Recommendation: Staff recommends the approval. Matt Muckler City Administrator Attachments

89 RESOLUTION NO RESOLUTION AUTHORIZING THE NEWTON HISTORIC PRESERVATION COMMISSION TO APPLY FOR A FY2018 HISTORIC RESOURCE DEVELOPMENT PROGRAM GRANT FOR THE RESTORATION OF THE JASPER COUNTY COURTHOUSE CLOCK ON BEHALF OF JASPER COUNTY WHEREAS, the City of Newton established the Historic Preservation Commission to pursue the preservation and improvement of historic structures, and the Jasper County Courthouse is a historic structure located within the City of Newton city limits, and WHEREAS, Jasper County plans to restore the clockwork in the Jasper County Courthouse and is seeking $50,000 in grant funds to assist with the project, and WHEREAS, the City of Newton is a Certified Local Government and an eligible applicant for the Historic Resource Development Program Grant, and WHEREAS, the Newton Historic Preservation Commission approved a motion which recommended that the Newton Historic Preservation Commission serve as the applicant for a Historic Resource Development Program Grant on behalf of Jasper County, and WHEREAS, an agreement between the City of Newton and Jasper County has been prepared to define the roles of the City of Newton and Jasper County for the project; NOW, THEREFORE, BE IT RESOLVED by the City Council of Newton, Iowa that the Newton Historic Preservation Commission has been authorized to apply for a FY2018 Historic Resource Development Program Grant for the Jasper County Courthouse Clock, and BE IT FURTHER RESOLVED by the City Council of Newton, Iowa: That the Mayor is hereby authorized to sign the Passthrough Grant Agreement between the City of Newton and Jasper County. PASSED this day of April 2017 APPROVED this day of April ATTEST: Michael L. Hansen, Mayor Katrina Davis, City Clerk

90 PASS-THROUGH GRANT AGREEMENT BETWEEN THE CITY OF NEWTON, IOWA AND JASPER COUNTY, IOWA THIS AGREEMENT is made and entered into by and between the City of Newton, Iowa (City of Newton) and Jasper County Iowa (Jasper County) each, acting by and through its duly authorized officers. WHEREAS Jasper County is engaged in a project to restore the clock in the historic Courthouse located on the city square within the City of Newton, Iowa. WHEREAS the City of Newton has agreed to submit an application for a Historic Resource Development Program Grant (HRDP) for fiscal year 2018 as the Certified Local Government through the Newton Historic Preservation Commission for the Project. WHEREAS Jasper County will prepare the grant application at its own expense and will cover all expenses of City of Newton for the HRDP grant application. WHEREAS the total Project costs are estimated to be $120,000; and WHEREAS Jasper County is committed to providing any and all required matching funds for the Project. WHEREAS Jasper County is committed to providing funding for any and all costs of the project not covered by the HRDP grant. Jasper County is aware that the HRDP grant, if awarded, would cover no more than 50% of the project. Jasper County would be responsible for all other costs of the Project. NOW, THEREFORE, the parties hereto do mutually agree as follows: Section 1. The City of Newton shall submit the HRDP grant application, as prepared by Jasper County. Section 2. Following any HRDP grant approval, the City of Newton shall receive HRDP grant proceeds and transfer any grant award to Jasper County for use in completing the Project. Section 3. Jasper County shall perform and complete in a satisfactory and proper manner the Project in accordance with this agreement and with any requirements established under the HRDP grant. Section 4. Jasper County may engage contractors to perform the work related to the Project. However, Jasper County retains primary responsibility to perform the Project and the use of such contractors does not relieve Jasper County from any of its obligations under this agreement or under the terms of the HRDP grant. Section 5. Jasper County may engage contractors to perform and complete the Project. Jasper County will be responsible to pay said contractors and pay all costs associated with the project and hold harmless the City of Newton from any liability or costs associated with the Project. Section 6. The City of Newton does not guarantee that any HRDP grant application will be awarded and will only pass through those amounts actually awarded and paid under the HRDP grant.

91 Section 7. Jasper County agrees to defend, indemnify and hold the City of Newton harmless from and against any and all claims of any kind arising out of or related to this pass through grant agreement including but not limited to any claims seeking repayment of any funds granted under a HRDP grant, other payment that may be required under the HRDP grant or any other claim of default or noncompliance with the HRDP grant. Section 8. This Agreement is not assignable without the prior written consent of the City of Newton. Section 9. Jasper County shall maintain all books, documents, papers, accounting records, reports and other evidence pertaining to costs incurred for the Project or required by the HRDP grant. Section 10. Jasper County agrees to indemnify, defend and hold the City of Newton harmless from any action or liability arising out of the design or construction of the Project. Section 11. The City of Newton shall notify Jasper County of any notice, claim or declaration that the City of Newton is not in compliance with the HRDP grant. Jasper County shall have the right on behalf of the City of Newton, to defend against any such claimed default or compliance issue in any manner allowed by the HRDP grant. Section 12. The City of Newton shall notify Jasper County in writing of any default under this Agreement. Jasper County shall have thirty (30) days to cure any default under this agreement. However, and notwithstanding the above, in the event that the City of Newton receives notice of not being in compliance with the HRDP grant, Jasper County shall have an amount of time to cure the compliance issue equal to the time to cure as set out in the HRDP grant. IN WITNESS WHEREOF, the parties have hereunto set their hands by proper persons duly authorized, the date written below. This Agreement takes effect upon execution by both parties on the latest date written below. City of Newton, Iowa Jasper County Iowa By: Mayor Mike Hansen By: Chairman Joe Brock Attest: Katrina Davis, City Clerk Attest: Dennis Parrott Jasper County Auditor

92 =Project is complete or on schedule = Project will be completed behind schedule. =Project will not be completed Strategic Action Plan: Have Effective, Efficient, Democratic Governance Goal DG-1: Be good stewards of financial resources and assets DG-1.A: Financial projections Goal DG-2: Align technology to provide better information access and convenience DG-2.A: Payment Convenience Goal DG-3: Enhance organizational systems and develop a high quality workforce DG-3.A: Training Objective DG-1.B: Policy Updates DG-2.B: Public Internet Access Connectivity DG-3.B: Lean Initiative DG-1.C: Asset Maintenance DG-2.C: Audio/video communications DG-3.C: Performance Management DG-2.D: Website Information DG-3.D: Workers Compensation Standards DG-2.E: Get to Know Newton Campaign Increase use of performance-based measurement DG-3.E: Collaboration in Fire Department