Newton City Council. 6:00 pm Newton, Iowa Pledge of Allegiance

Transcription

1 Agenda: Newton City Council Regular Meeting - Amended City Hall Council Chambers June 06, West 4 th Street South 6:00 pm Newton, Iowa Pledge Call to Order 1. Roll Call Pledge of Allegiance Citizen Participation 2. 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 3. May 16, 2016 Regular City Council Meeting Minutes 4. Approve Cigarette Permits for Casey's #1375, 1006 N 19th Ave E, Casey's #1911, st Ave E, Casey's #2341, st Ave E, Casey's #2417, 1200 W 18th St S, CSOI Corp - Newton 66, 1806 S 12th Ave W, CSOI Corp - West End, st Ave W, Dollar General, st Ave E, Fareway Stores, 120 N 3rd Ave E, Fresh Start E-Cigs, 116 First Ave E, Git n Go #14, 801 1st Ave W, Hy- Vee Food Store, st Ave E, Hy-Vee Gas, st Ave E, Kum & Go #333, 405 1st Ave E, Kum & Go #47, 1708 S 8th Ave E, Love's Travel Stop, 4400 S 22nd Ave E, New Star Mart, 702 1st Ave E, Newton Valero, 4300 S 22nd Ave E, Petro Stop, 404 S 11th Ave W, Pit Stop Liquors, st Ave E, Walgreens, st Ave E, Wal-Mart, 300 Iowa Speedway Drive. 5. Approve Liquor License Renewal, Approve Liquor License Renewal, Class C Beer and Sunday Sales, Newton Valero #206, 4300 S 22nd Ave E. Approve Liquor License Renewal, Class E Liquor, Class B Wine, Class C Beer (Carryout Beer), and Sunday Sales, Kum & Go #333, 405 1st Ave E. 6. Resolution Appointing Juana McConnell to Serve on the Library Board of Trustees for a Term Ending July 1, (No Council Report) 7. Resolution approving Five (5) Year agreement with the Iowa Department of Transportation for City Maintenance of U.S. Highway 6. (Council Report ) 8. Resolution accepting completion of the Demolition Project (Council Report ) 9. Resolution approving Real Estate Easement for the North Newton Hike & Bike Trail Project. (Council Report )

2 10. Resolution accepting Real Estate Easements for the 2016 S 2 nd Ave St Improvement Project (Council Report ) 11. Resolution Fixing the Amounts to Be Assessed Against Individual Private Property For The Abatement Of Nuisance Violations (16-5) (Council Report ) 12. Resolution approving an Agreement for Law Enforcement Services at the Iowa Speedway. (Council Report ) 13. Resolution Approving Property Tax Rebate for Iowa Speedway LLC On Property Located Within The Speedway- Prairie Fire Urban Renewal Economic Development Area. (Council Report ) 14. Resolution Awarding Contract to Paint the Highway Lines and Symbols. (Council Report ) 15. Resolution Approving Telecommunications Licensing Agreement with Windstream Iowa Communications, Inc. (Council Report ) 16. Approval of Bills Public Hearing 17. Public Hearing on a Resolution Awarding Contract for the North Newton Hike & Bike Trail Project. (Council Report ) The North Newton Hike & Bike Trail Project which is a continuation of the City-Wide Hike & Bike Trail has been identified in the Community Investment Plan as needing to be constructed. In 2013, the City of Newton was awarded a Transportation Enhancement grant from the Iowa Department of Transportation (DOT) in the amount of $185, to extend the existing hike and bike trail on the north side of Newton. This grant can pay no more than 80% of the project cost up to $185,543.33, with the remainder cost paid by the City. City staff recommends awarding contract for the North Newton Hike & Bike Trail Project to TK Concrete Inc. of Pella, Iowa in the amount of $45, and will be paid using the 2014 bond proceeds. 18. Resolution Awarding Contract for the North Newton Hike & Bike Trail Project (Council Report ) 19. Public Hearing on a Resolution Awarding Contract for the Parking Lot Reconstruction Project (Council Report ) The 2015 bond proceeds allocated $200,000 for the reconstruction of a downtown parking lot to be paid from the North Central TIF District. The City parking lot on the northeast corner of the S 2nd Ave W and W 3rd St S intersection has deteriorated and is in need of repairs. The City of Newton Public Works Department prepared plans and specifications for the Parking Lot Reconstruction Project that included the removal of the existing pavement and the construction of new 6 thick

3 Portland cement concrete pavement with landscaped islands at the north end, and accessible sidewalk ramps. City Staff recommends that Council award the project to the low responsive, responsible bidder, TK Concrete, Inc. of Pella, Iowa in the amount of $106, Resolution Awarding Contract for the 2016 Parking Lot Reconstruction Project (Council Report ) 21. Public Hearing on a Resolution Accepting Purchase Proposal for Property at 1205 West 19th Street South in the Southwest Newton Urban Renewal Area (Council Report ) At its May 2nd meeting, the City Council set a public hearing to consider proposals to purchase and redevelop all or part of the former Juice and Junk site at 1205 West 19th Street South in Newton. Proposals may be submitted up to the time of the public hearing, and it is anticipated that at least one will be received. Staff will provide details of any proposals and a recommendation at the June 6th Council meeting. 22. Resolution Accepting Purchase Proposal for Property at 1205 West 19th Street South in the Southwest Newton Urban Renewal Area (Council Report ) Ordinance 23. Second Consideration of an Ordinance to amend various sections of the City of Newton Code of Ordinances regarding municipal infractions and penalties. (Council Report ) While the City s efforts for improved nuisance enforcement have resulted in improvements, there are still properties the City struggles with to obtain compliance. The proposed new schedule of penalties is 1 st Offense - $50-250; 2 nd Offense - $500 - $750; and subsequent offenses - $750 - $1000. Additionally, as an alternative to a municipal infraction staff would have the option to serve a violator with a simple notice of violation and that violator would pay the assessed fine to the City Clerk or designee without involving the court system. City Staff recommends approval of the ordinance. 24. Second Consideration of an Ordinance amending the code of ordinances, City of Newton, Iowa, 2011, Title 2, Chapter 11, Article 8, Other Traffic Offenses Stops by removing traffic signals at the intersection of 1st Avenue E. and E. 3rd Street and installing stop signs for northbound and southbound traffic. (Council Report ) On May 2nd, the controller for the E 3rd Street traffic signal malfunctioned. The City Traffic Safety Committee met and recommended removing the traffic signals at 1st Avenue E. and E. 3rd Street and adding stop signs for northbound and

4 southbound traffic as long as there would be no issues with lines of sight. A downtown traffic study by Snyder & Associates found that traffic counts do not warrant traffic signals at E 3rd Street. City Staff recommends approval of the ordinance amendment to remove the traffic signals at 1st Avenue E. and E. 3rd Street. Resolution 25. A Resolution Accepting Title to Property Located at 917 1st Avenue West in Newton, Jasper County, Iowa (Council Report ) State of Iowa Code 657A allows cities to petition for ownership of abandoned buildings. Court action on May 31st was favorable to the City in gaining ownership of the property. Upon acceptance of the title and conclusion of the 30 day appeal period, the City will become the owner of the property. The cost to the City for the title are: $0.00 in acquisition costs, approximately $2,000 in legal & court fees 26. Resolution Authorizing Sale of Additional Property Located in Fountain Hills Estates, First Addition, in Newton (Council Report ) In March of 2014, the City entered into an agreement with Venture Homes of West Des Moines to construct two highquality single-family homes and gave them the exclusive right to acquire any of the additional lots in Fountain Hills for $1 apiece through the end of Venture Homes now wants to acquire Lot 14 of the subdivision for additional development of similar style and quality. Staff recommends approval of the resolution. 27. Resolution of Support and Financial Commitment for the Main Street Program in Newton, Iowa (Council Report ) Newton was designated a Main Street Iowa community in February 2014 and has since made efforts to increase plans, projects, and events in the community s historic downtown. Main Street Iowa has proposed a new two-year agreement to continue its affiliation with Newton. Staff recommends approval of the Resolution. 28. Resolution approving the purchase of a batwing pull type mower for the Newton Municipal Airport. (Council Report ) Staff analysis of equipment indicated that a batwing pull type mower was the appropriate piece of equipment to

5 replace the existing 20 year old John Deere mower being used at the airport. City Staff recommends approval of purchasing a Land Pride 15-foot batwing pull type mower from Prairie Ag Supply Prairie City, Iowa for the low bid amount of $14, The cost of the mower will be paid utilizing the 2015 bond proceeds. Staff recommends placing the existing 1996 John Deere mower on Public Surplus online auction with a reserve amount of $1, Resolution authorizing the submission of a grant application for federal assistance to fund an update to the Newton Municipal Airport Master Plan. (Council Report ) The existing Airport Master Plan for the Newton Municipal Airport needs to be updated. The Federal Aviation Administration (FAA) provides grants for updating Airport Master Plans that pay 90% of the project cost. The cost to perform the update to the Airport Master Plan is estimated to be $238,000. If awarded a grant, the City contribution would be $23,800 and would be paid from the 2015 bond proceeds. City Staff recommends approval of the resolution to apply for a FAA grant in the amount of $238, Resolution authorizing to enter into an agreement for professional services to update the airport master plan for the Newton Municipal Airport. (Council Report ) The existing Airport Master Plan for the Newton Municipal Airport needs to be updated. Clapsaddle- Garber Associates, Inc. (CGA) of Marshalltown has submitted an agreement to perform the Master Plan Update for $229, The City of Newton is applying for a grant for funding to update the Airport Master Plan. The FAA grant, if awarded, would pay for 90% or $206, of the CGA project costs. The City of Newton contribution of $22, would be paid utilizing 2015 bond proceeds. City Staff recommends entering into an agreement with Clapsaddle-Garber Associates, Inc. of Marshalltown, Iowa for a Master Plan Update contingent upon the City receiving a FAA grant that would pay for 90% of the project costs. 31. Resolution awarding contract for the Demolition Project. (Council Report ) The City acquired both 315 E 12 th St S and 603 E 4 th St N with the intent to demolish the structures on these

6 properties through the Dangerous and Dilapidated Program. City Staff recommends awarding the demolition project to Van Ryswyk Plumbing & Heating of Monroe, Iowa in the amount of $30, The cost would be paid from the Dangerous and Dilapidated Building Program. 32. Resolution authorizing changes to street lights on the S 2nd Ave Street Improvement Project. (Council Report ) The S 2 nd Avenue improvement project will requires eliminating 9 street lights and installing 40 LED lights. To make any changes to the number of street lights, Alliant Energy requests City Council authorization. No significant changes in electrical cost is anticipated. City staff recommends approval of the resolution to make changes to the street lighting along the S 2 nd Ave Street project. 33. Resolution authorizing the purchase of 9 (nine) traffic signal battery backup units. (Council Report ) Having backup power for traffic signals enables the signals to continuously operate during times of power outages and improves the safety of the intersection. The purchase of nine battery backup units will be paid utilizing state traffic safety funds. City Staff will install the battery backup units. City Staff recommends purchasing nine battery backup units from Mobotrex, Inc. of Davenport, Iowa for $33, New Business 34. Old Business 35. 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 MAY 16, 2016, 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, George, Trotter, Mullan, Kulis. Mayor Hansen asked everyone present to join in saying the Pledge of Allegiance. Mayor Hansen announced proclamations for National Public Works Week of May 15, 2016; Correctional Officers and Employees Week of May 1, During citizen participation Todd Hackathorn of 309 E. 20 th St. N. addressed Council regarding his concern for the hazardous trees of his adjoining neighbors. Mayor Hansen stated the City Attorney is looking over this situation and we are awaiting his response. Mayor Hansen assured Mr. Hackathorn someone with the City will be in touch with him. Moved by Chapé, seconded by Biondi, to approve consent agenda items May 2, 2016 Regular City Council Meeting Minutes 6. May 6, 2016 Special City Council Meeting Minutes 7. Approve Cigarette Permit for Yesway Store #10015, 1708 S 8th Ave E day permit; Cigarette Permit for Yesway Store #10025, 405 1st Ave E day permit; 8. Approve Liquor License Renewal, Class C Liquor and Sunday Sales, Scoreboard Lounge, 122 N 2nd Ave W.; Liquor License Renewal, Class C Native Wine, Outdoor Service, Sunday Sales, Hunter Mansion Tea Room & Event Center, 223 W 4th St S.; Liquor License Renewal, Class B Wine, Class C Beer, Class E Liquor and Sunday Sales, Walgreens, st Ave E.; New Liquor License, Class B Wine, Class C Beer and Sunday Sales, Yesway Store #10015, 1708 S 8th Ave E.; New Liquor License, Class B Wine, Class C Beer, Class E Liquor and Sunday Sales, Yesway Store #10025, 405 1st Ave E. 9. Resolution Approving a 28E Agreement with the Newton Community School District for the School Resource Officer Program. Resolution adopted. 10. Resolution accepting Real Estate Easements for the W 4th St N Sanitary Sewer Extension Project. Resolution adopted. 11. Resolution accepting completion of the 2015 Maytag Park Entrance Repair Project. Resolution adopted. 12. Resolution ordering bids, approving plans, specifications and form of contract and notice to bidders, and ordering clerk to publish notice and fixing a date for receiving same, and for a public hearing on plans, specifications, form of contract and estimate of costs for the 2016 Parking Lot Reconstruction Project. Resolution adopted. 13. Approval of Bills AYES: Six. NAYS: None. Consent agenda items approved. Mayor Hansen stated that this is the time and place for a public hearing on a resolution approving Budget Amendments. There were no written comments. Moved by Mullan, seconded by Kulis to close the public hearing. AYES: Six. NAYS: None. The public hearing was closed. Moved by Chapé, seconded by Trotter, to adopt the resolution. AYES: Six. NAYS: None. Resolution No adopted. Mayor Hansen stated that this is the time and place for a public hearing on a resolution accepting a purchase proposal and redevelopment agreement for City-Owned Property in Outlot 26 of the original town plat in Newton, Iowa with First Newton National Development Company. There were no written comments. Moved by George, seconded by Mullan to close the public hearing. AYES: Six. NAYS: None. The public hearing was closed. Moved by Chapé, seconded by Biondi, to adopt the resolution. AYES: Six. NAYS: None. Resolution No adopted. Mayor Hansen stated that this is the time and place for a public hearing on an Ordinance vacating the disposing of alley right-of-way located in the 300 block between East 4 th Street North and East 5 th Street North, located in the City of Newton, Jasper County, Iowa. There were no written comments. Moved by Chapé, seconded by Biondi to close the public hearing. AYES: Six. NAYS: None. The public hearing was closed. Moved by George, seconded by Biondi approve the first consideration on an ordinance vacating and disposing of alley right-of-way. AYES: Six. NAYS: None. The first consideration of the above ordinance was approved. Moved by Trotter, seconded by Chapé to waive the second and third considerations of the above ordinance. AYES: Six. NAYS: None. The second and third considerations were waived. Motioned by Trotter, seconded by Chapé to approve the Ordinance. AYES: Six NAYS: None. Ordinance 2262 adopted. Moved by Chapé, seconded by Kulis to approve the first consideration on an ordinance amending various sections of the City of Newton Code of Ordinances regarding municipal infractions and penalties. AYES: Six NAYS: None. The first consideration of the above ordinance was approved. Moved by George, seconded by Trotter to amend the code of ordinances, City of Newton, Iowa, 2011, Title 2, Chapter 11, Article 8, Other Traffic Offenses Stops by removing traffic signals at the intersection of 1st Avenue E. and E. 3rd Street and installing stop signs for northbound and

8 southbound traffic.,. Robert McCormick, owner of Cappy s Tire & Auto Service of st Ave E addressed the Council regarding his concerns of the safety at the intersection if traffic lights are removed. McCormick stated with ambulances and fire trucks using E 3 rd St as one of their routes he asked if they could be moved to another street. McCormick went onto say citizens driving on 1 st Ave have a hard time seeing let alone hearing sirens from Dairy Queen going east bound and then allowing vehicles to no longer stop going east or west bound on 1 st Ave will cause accidents. AYES: Six. NAYS: None. The first consideration was approved. Moved by George, seconded by Mullan to approving the purchase of a GPS system for the Newton Sanitary Landfill. AYES: Six. NAYS: None. Resolution No adopted. Moved by Trotter, seconded by Mullan approving the purchase of pre-season salt for snow and ice control. AYES: Six. NAYS: None. Resolution No adopted. Natalie Umsted, Senior Analyst presented to Council the action plan Community Survey which showed Police Department and Fire Department had an increase in citizens feeling safer from the 2014 survey. Economic Development is showing a decrease in shopping opportunities but the quality of the businesses and services has increased from the previous survey taken. Fostering a high quality of life showed we need to work on our overall image and to have more activities or things to do for our youth. Natalie also provided information showing the effective, efficient, democratic governance in the City of Newton has increased since the 2014 survey. Natalie Umsted, Senior Analyst updated the Council on the action plan Safe Community. Natalie informed the Council Crime Stoppers Programs have been developed, held two Crime Free Multi-Housing classes with another scheduled for May 18 th. The Fire Department started a six week Citizen s Fire Academy. Replaced six outdoor warning sires with another three needing replaced. There was no new business. There was no old business. Motion by Chapé, seconded by George to go into closed session 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 AYES: Six. NAYS: None. Motion passed. Mayor Hansen declared a five-minute recess to clear the council chambers. At 7:07 with Chapé, Biondi, George, Trotter, Mullan, and Kulis present Council returned to open session. Upon returning to Open Session it was moved by Chapé, seconded by Trotter, to adjourn the meeting at 7:08 P.M. Motion unanimously carried by voice vote. Cheryl Salyers, Deputy City Clerk Michael L. Hansen, Mayor

9 RESOLUTION NO RESOLUTION APPOINTING JUANA MCCONNELL TO SERVE ON THE LIBRARY BOARD OF TRUSTEES FOR A TERM ENDING JULY 1, 2022 WHEREAS, Julian Silverberg has vacated his position on the Library Board, and WHEREAS, his position expires on July 1, 2016, and WHEREAS, Juana McConnell, 601 S. 2 nd Ave. W has expressed an interest in serving on the Library Board and is qualified to do so; NOW, THEREFORE, BE IT RESOLVED, by the City Council of Newton, Iowa, that Juana McConnell is hereby appointed to the Library Board of Trustees for a term ending July 1, PASSED this day of June, APPROVED this day of June, Craig Trotter, Mayor Pro Tem ATTEST: Cheryl Salyers, Deputy City Clerk

10 City of Newton Council Report Item: Resolution approving a five (5) year agreement with the Iowa Department of Transportation for City maintenance of U.S. Highway 6. Summary: An agreement is needed with the Iowa DOT for maintenance of Highway 6 through the City. Financial Impact: None. Report Number: Date: June 6, 2016 Lead Department: Public Works Department Recommendation: Approve Background: Every five (5) years, the Iowa Department of Transportation (DOT) presents cities an agreement for the maintenance and repair of primary highways through those cities. The current five (5) year agreement expires June 30, The Iowa DOT has provided the City of Newton with a new five-year agreement for U.S. Highway 6 (1 st Avenue) that will be from July 1, 2016 through June 30, The Iowa DOT has provided the City of Newton a Supplemental Agreement for year that indicates the payment that the City will receive based on the State s standard maintenance rates. Per the supplemental agreement, the City of Newton is responsible for those maintenance activities listed in Sections I.B.1, I.B.3, I.B.4 and I.C.1 of the 5-year agreement for U.S. Highway 6 within the corporate limits of Newton. In general, the City responsibilities include pavement maintenance, storm sewer, snow/ice removal and tree maintenance. The maintenance payment rate for will be $2,100/lane mile for a total annual payment to the City of $20, The annual maintenance payment rate increased from about $10,162 in to $20,046 in Each year of the 5 year agreement the Iowa DOT will provide the City of Newton a Supplemental Agreement that will indicate the payment that the City will receive based on the State s standard maintenance rates. Recommendation: City staff recommends approval the 5-year maintenance agreement with the Iowa DOT for U.S. Highway 6 within the corporate limits of Newton. Robert Knabel City Administrator

11 RESOLUTION NO RESOLUTION APPROVING FIVE (5) YEAR AGREEMENT WITH THE IOWA DEPARTMENT OF TRANSPORTATION FOR CITY MAINTENANCE OF U.S. HIGHWAY 6 WHEREAS, the City of Newton has had an agreement with the Iowa Department of Transportation (DOT) for many years which identified responsibilities of the City and the DOT for maintenance of U.S. Highway 6 (1 st Avenue) from the west corporate limits to the east corporate limits of the City of Newton; and WHEREAS, the Iowa DOT is proposing to renew this five (5) year agreement under the same terms and conditions as the previous five (5) year agreement; and WHEREAS, the Iowa DOT will provide the City with a Supplemental Agreement each year of the 5-year agreement that will provide the rate of payment to the City of Newton based on lane miles of roadway and such payment will be $2,100/lane mile or $20, for year one of the agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newton, Iowa, that the City of Newton hereby authorizes the Mayor Pro Tem to execute the attached Agreement for Maintenance and Repair of Primary Roads in Municipalities with the Iowa Department of Transportation. PASSED this day of June, APPROVED this day of June, ATTEST: Craig Trotter, Mayor Pro Tem Cheryl Salyers, Deputy City Clerk

12

13

14

15

16 City of Newton Council Report Item: Resolution awarding contract for the Demolition Project. Summary: Award of contract to complete asbestos abatement & demolition work at 315 E 12 th St S and 603 E 4 th St N. Financial Impact: $30, from the Dangerous and Dilapidated (D&D) Building Program funds. Report Number: Date: June 6, 2016 Lead Department: Public Works Recommendation: Approve Background: Curb appeal continues to be a focus of the City as a result of the recommendations of the recently adopted comprehensive plan, Newton s Future. Abating dangerous buildings within the City is one way to improve the aesthetics of Newton neighborhoods. The City acquired both 315 E 12 th St S and 603 E 4 th St N with the intent to demolish the structures on these properties through the Dangerous and Dilapidated Program. The City of Newton Public Works Department prepared plans and specifications for the proposed Demolition Project that included asbestos abatement and demolition at both properties. Of the seven contractors who obtained bid documents, the following bids were opened on May 31, 2016: Van Ryswyk Plumbing & Heating Monroe, Iowa $ 30, Robbie Howe Excavating Newton, Iowa $ 32, Lanphier Excavating LLC Reasnor, Iowa $ 35, Iowa Demolition, Inc. Des Moines, Iowa $ 49, The apparent low bidder is Van Ryswyk Plumbing & Heating of Monroe, Iowa. The Engineer s estimate for this project was $28, The completion date of the project is August 31, Dangerous and Dilapidated (D&D) Building Program funds will be used to pay the $30, of abatement and demolition work at both properties. Recommendation: City Staff recommends that Council award the project to Van Ryswyk Plumbing & Heating of Monroe, Iowa in the amount of $30, Robert Knabel City Administrator Attachment

17 RESOLUTION NO RESOLUTION AWARDING CONTRACT FOR THE DEMOLITION PROJECT WHEREAS, the City of Newton acquired 315 E 12 th St S and 603 E 4 th St N with the intent to demolish the structures on these properties through the Dangerous and Dilapidated Program; and WHEREAS, the City of Newton Public Works Department prepared asbestos abatement and demolition plans and specifications for the Demolition Project, and put said project out to bid; and WHEREAS, City staff recommends that the City of Newton award a contract to Van Ryswyk Plumbing & Heating of Monroe, Iowa for the Demolition Project based on the low responsive, responsible bid received in the amount of $30, NOW, THEREFORE, BE IT RESOLVED, by the City Council of Newton, Iowa, that the bid of Van Ryswyk Plumbing & Heating of Monroe, Iowa, in the amount of Thirty Thousand Dollars and Zero Cents ($30,000.00) for the Demolition Project, all as described in the plans and specifications, is hereby accepted, the same being the lowest bid 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 Van Ryswyk Plumbing & Heating of Monroe, Iowa for the Demolition Project as described by the plans and specifications filed in the office of the City Clerk, said contract to be signed by the Mayor Pro Tem and Deputy City Clerk on behalf of the City, be and the same are hereby approved. The City shall utilize the Dangerous and Dilapidated Building Program funds to pay for the abatement and demolition work at both properties. PASSED this day of June APPROVED this day of June ATTEST: Craig Trotter, Mayor Pro Tem Cheryl Salyers, Deputy City Clerk

18 City of Newton Council Report Item: Resolution approving real estate easements for the North Newton Hike & Bike Trail Project Summary: Approve real estate easements for the construction of a hike and bike trail. Financial Impact: None Report Number: Date: June 6, 2016 Lead Department: Public Works Recommendation: Approve Background: At the September 16, 2015 council meeting, City Council passed a resolution for the City to enter into Project Agreement No. 14-STPE-118 with the Iowa Department of Transportation (DOT) for the North Newton Hike & Bike Trail Project. The Iowa DOT opened bids on May 17, On this Council agenda is an item for City Council to take action to award the construction work for this project. Due to the existing grades along the proposed trail route, a temporary construction easement is needed from each of the following property owners: Roy & Janet Cox, 1008 N 11th Ave E Richard & Marlis Backus, 1110 N 11th Ave E, and Clevenger Properties, LLC, 1101 E 12th St N. The temporary construction easements allow the City s contractor to regrade the ground adjacent to the proposed trail. All three property owners have signed the easement documents. Construction is anticipated for summer Recommendation: Staff recommends approval of the Real Estate Easement No , B and obtained from the above mentioned property owners. Robert Knabel City Administrator Attachments

19 RESOLUTION NO RESOLUTION APPROVING REAL ESTATE EASEMENTS FOR THE NORTH NEWTON HIKE & BIKE TRAIL PROJECT WHEREAS, on September 16, 2014 the City Council of the City of Newton authorized to enter into Agreement No. 14-STPE-118 with the Iowa Department of Transportation (DOT) for the North Newton Hike & Bike Trail Project; and and WHEREAS, the project was included in the May 17, 2016 Iowa DOT bid letting; WHEREAS, based on the prepared project plans and specifications, it is necessary to acquire temporary construction easements from the owners of 1008 N 11th Ave E, 1110 N 11th Ave E and 1101 E 12th St N, Newton, Iowa; and WHEREAS, the City has contacted the affected property owners and secured said Easements, which is represented by a documents signed by the property owners and placed on file with the City Clerk. NOW, THEREFORE, BE IT RESOLVED that the following identified Easements as represented by the Real Estate Easements executed by the property owner subject to City Council approval and now on file with the City Clerk, is hereby approved: Easement No. Property Owner Description Roy & Janet Cox Temporary Construction Easement, 1008 N 11th Ave E, Newton, IA Richard & Marlis Backus Temporary Construction Easement, 1110 N 11th Ave E, Newton, IA B Clevenger Properties, LLC Temporary Construction Easement, 1101 E 12th St N, Newton, IA BE IT FURTHER RESOLVED, that the Mayor and City Clerk are authorized to execute the Real Estate Easement documents for the affected properties. PASSED this day of June APPROVED this day of June ATTEST: Craig Trotter, Mayor Pro Tem Cheryl Salyers, Deputy City Clerk

20

21

22

23

24

25

26

27

28

29 City of Newton Council Report Item: Resolution accepting Real Estate Easements for the 2016 S 2 nd Ave Street Improvement Project. Summary: Acceptance of temporary easements at various locations to complete construction work along S 2 nd Ave. Financial Impact: None Report Number: Date: June 6, 2016 Lead Department: Public Works Recommendation: Approve Background: On April 4, 2016 City Council awarded a contract to TK Concrete, Inc. for construction of the 2016 S 2 nd Ave Street Improvements Project. As part of this project, numerous temporary construction easements are required to match existing sidewalks, driveways, and lawns with the new sidewalk and street improvements. Public Works staff has prepared Real Estate Easement documents for 19 separate properties. Thirteen of the said easements were previously approved by City Council on May 2, The four recently acquired easements are included in this resolution. The remaining two easements, when secured, will be presented to City Council for acceptance at a later date. The following identified easements, as represented by Real Estate Easements executed by the property owner subject to City Council approval and now on file with the City Clerk are: Easement Property Easement Number Owner Address 2016-A Shirley Jones 114 W 4 th St S 2016-I James Douglas Brown 114 E 2 nd St S 2016-J Brandy & Jody Conner 321 S 2 nd Ave W 2016-Q Bryce & Laurel Hunter 207 S 2 nd Ave E These easements have all been granted by the owners at no cost to the City. Recommendation: City Staff recommends that Council City accept, approve, and execute the Real Estate Easements noted above. Robert Knabel City Administrator Attachments

30 RESOLUTION NO RESOLUTION ACCEPTING REAL ESTATE EASEMENTS FOR THE S 2 ND AVE STREET IMPROVEMENTS PROJECT WHEREAS, on April 4, 2016 City Council awarded a contract to TK Concrete, Inc. for construction of the 2016 S 2 nd Ave Street Improvements Project; and WHEREAS, as part of said project, numerous temporary construction easements are required to match existing sidewalks, driveways, and lawns with the new sidewalk and street improvements; and WHEREAS, Public Works staff prepared Real Estate Easement documents, contacted the affected property owners, and secured signatures on said documents. NOW, THEREFORE, BE IT RESOLVED, by the City Council of Newton, Iowa, that the following identified Easements, as represented by Real Estate Easements executed by the property owner subject to City Council approval and now on file with the City Clerk, are hereby approved: Easement Property Easement Number Owner Address 2016-A Shirley Jones 114 W 4 th St S 2016-I James Douglas Brown 114 E 2 nd St S 2016-J Brandy & Jody Conner 321 S 2 nd Ave W 2016-Q Bryce & Laurel Hunter 207 S 2 nd Ave E BE IT FURTHER RESOLVED, that the Mayor and City Clerk are authorized to execute the Real Estate Easement documents for the affected properties. The easements have been granted by the owners at no cost to the City. PASSED this day of June APPROVED this day of June ATTEST: Craig Trotter, Mayor Pro Tem Cheryl Salyers, Deputy City Clerk

31

32

33

34

35

36

37

38

39

40

41

42

43 City of Newton Council Report Item: Resolution Fixing the Amounts to be assessed against individual private property for the abatement of nuisance violations (Schedule 16-5) 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: $1, Report Number: Date: June 6, 2016 Lead Department: Planning & Zoning Department Recommendation: Approve Background: The City continues to work towards better curb appeal and improved aesthetics within the community. The City abated violations that remain non-compliant after the initial warning period. The attached schedule lists owner, parcel number, address, amount to be assessed, date work was completed, property legal description, and property valuation. Recommendation: City Staff recommends approval of the Resolution fixing the amounts to be assessed against individual private property for the abatement of nuisance violations. Robert Knabel City Administrator Attachments

44 RESOLUTION NO RESOLUTION FIXING THE AMOUNTS TO BE ASSESSED AGAINST INDIVIDUAL PRIVATE PROPERTY FOR THE ABATEMENT OF NUISANCE VIOLATIONS (16-5) WHEREAS, the City of Newton has abated nuisance violations at the addresses as found in Schedule (No. 16-5): 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. 16-5): 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. 16-5): 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. 16-5): Assessment for the Expenses for Nuisance Abatement. PASSED this day of June, APPROVED this day of June, ATTEST: Craig Trotter, Mayor Pro Tem Cheryl Salyers, Deputy City Clerk

45

46

47

48

49

50 Schedule (No. 16-5): 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 Frank Cannon S. 3rd Ave. E. Newton $28,190 $89.84 $50.00 $ ORIGINAL PLAT LOT 1 OUTLOT 18 April 15, 2016 Ashley Wilson E. 19th St. N. Newton $79,420 $ $50.00 $ FAIRMEADOWS ADD PHASE 1, LOT 16 April 18, 2016 Kendall Morgan st Ave. E. Newton $36,980 $56.24 $50.00 $ ENGLE'S SD LOT 18 April 1, 2016 Herbert McSparen E. 4th St. S. Newton $45,990 $50.00 $65.00 $ LEONARD'S ADD W 1/2 LOT 8 BLK 5 April 28, 2016 Citi Mortgage Inc st Ave. W. Newton $57,830 $50.00 $65.00 $ MILLER'S ADD LOT 4 April 26, 2016 Half Moon Holdings LLC A 1st Ave. E. Newton $46,240 $ $65.00 $ MEEK'S SD LOT 8 EX S 85' OF W 131.5' & EX N 60' O April 28, 2016 Donald Beck S. 8th Ave. E. Newton $36,810 $62.48 $65.00 $ NEWTON AURORA HEIGHTS SDAURORA HEIGHTS April 26, 2016 $1,191.84

51 City of Newton Council Report Item: Resolution approving an agreement for law enforcement services at the Iowa Speedway. Summary: Annual agreement for the Newton Police Department to provide law enforcement services at the Iowa Speedway during the 2016 race season Financial Impact: None Report Number: Date: June 6, 2016 Lead Department: Police Department Recommendation: Approve Background: The Iowa Speedway is set to have several major events in 2016 and in the future. The events require a law enforcement presence for the purposes of traffic control, facility security, crowd control and to maintain public order. The Newton Police Department as well as the Jasper County Sheriff s Office and Iowa State Patrol have historically provided this service with overtime costs being reimbursed to the City by the Iowa Speedway. The attached contract outlines the duties performed by the Newton Police Department for the Iowa Speedway and the duties required of the Iowa Speedway to attain services by the Newton Police Department. RECOMMENDATION City staff recommends the approval of the contract for the Iowa Speedway events in the 2016 season. Robert Knabel City Administrator Attachments:

52 RESOLUTION NO AGREEMENT FOR LAW ENFORCEMENT SERVICES AT THE IOWA SPEEDWAY WHEREAS, The Iowa Speedway ( Speedway ) located at 3333 Rusty Wallace Drive, Newton, Iowa has a continuing need for the provision of additional law enforcement services during events, concerts, races and rallies held at the Iowa Speedway in addition to those law enforcement services provided by the City of Newton Police Department on an everyday and ongoing basis; WHEREAS, the City of Newton ( City ) is willing and able to provide additional law enforcement services during certain events, concerts, races and rallies held at the Iowa Speedway through the Newton Police Department and surrounding Municipal Corporation law enforcement agencies; and WHEREAS, the Speedway and the City desire an Agreement for provision of additional law enforcement services at the Iowa Speedway during events, concerts, races and rallies: NOW THEREFORE, the Speedway and the City do hereby agree and contract the purposes, powers, rights, objectives and responsibilities of this agreement for a period of June 6, 2016 through December 31, 2016 is hereby approved. PASSED this day of June, APPROVED this day of June, ATTEST: Craig Trotter, Mayor Pro Tem Cheryl Salyers, Deputy City Clerk

53 City of Newton Council Report Item: Resolution Approving Property Tax Rebate for Iowa Speedway LLC on Property Located Within the Speedway- Prairie Fire Urban Renewal Economic Development Area Summary: A 2015 amendment to the Speedway Development Agreement instituted an additional year of property tax rebates. Financial Impact: Tax rebate of $170,539, as budgeted from the Speedway- Prairie Fire TIF District fund Report Number: Date: June 6, 2016 Lead Department: Finance and Development Recommendation: Approval Background: In order to better position the Iowa Speedway for future growth, the Newton City Council lowered the Minimum Assessed Value of the Iowa Speedway from $40 million to $20 million beginning in 2014, in exchange for the institution of a new ticket surcharge. However, the actual assessed valuation remained at $40 million for 2014, instead of the planned lowering into the $20 million range. This led to the City Council again modifying the Development Agreement with Iowa Speedway, LLC in October of 2015, instituting a final year of property tax rebate. Like the previous two years, the City agreed to rebate all property taxes above $990,000 collected by the Speedway-Prairie Fire Urban Renewal TIF District from the Iowa Speedway. On March 30, 2016, Iowa Speedway, LLC, paid $731,352 for the second half-year property taxes for the development property. The rebate calculates to $170, of this payment. Having continued to operate the Iowa Speedway project and having provided documentation to the City of the property tax payment, Iowa Speedway, LLC, is eligible to receive its final property tax rebate, subject to City Council approval. Recommendation: Staff recommends approval of the attached Resolution authorizing the property tax rebate to Iowa Speedway, LLC. Robert L. Knabel City Administrator

54 RESOLUTION NO RESOLUTION APPROVING PROPERTY TAX REBATE FOR IOWA SPEEDWAY LLC ON PROPERTY LOCATED WITHIN THE SPEEDWAY-PRAIRIE FIRE URBAN RENEWAL ECONOMIC DEVELOPMENT AREA WHEREAS, the City of Newton (City) has established the Speedway-Prairie Fire Urban Renewal Economic Development Area and Tax Increment Finance District; and WHEREAS, a Substituted and Amended Agreement for Private Redevelopment (Agreement) with US Motorsport Corporation [now Iowa Speedway, LLC] (Developer) for developing the Iowa Speedway on property located at 3333 Rusty Wallace Drive within the Speedway Economic Development Area, was approved by the Newton City Council on March 9, 2005 and amended on November 6, 2006, September 3, 2013; and October 19, 2015; and WHEREAS, said Agreement provides that the City provide to the Developer Economic Development Property Tax Rebates, and WHEREAS, the Developer, having also continued to operate the Speedway project and paid its property taxes for the second half of fiscal year in the amount of $731,352.00, is eligible to receive a rebate of $170,539.17, which is the half year allocation of the total tax payment that is directed to the Speedway-Prairie Fire Tax Increment Finance District account above $990,000; NOW, THEREFORE, BE IT RESOLVED by the City Council of Newton, Iowa: That, per the terms of the Amended Agreement for Private Redevelopment with the US Motorsport Corporation [now Iowa Speedway, LLC], that a final property tax rebate for the second half of fiscal year in the amount of $170, is hereby approved; PASSED this day of June, APPROVED this day of June, ATTEST: Craig Trotter, Mayor Pro Tem Cheryl Salyers, Deputy City Clerk

55 City of Newton Council Report Item: Resolution awarding contract to paint the highway lines and symbols. Summary: Contract painting of highway lines and symbols. Financial Impact: $15, from the traffic control budget. Report Number: Date: June 6, 2016 Lead Department: Public Works Department Recommendation: Approve Background: The City has a need for highway and street painting to be completed once every two years. This is the year to repaint the highway and street lines and symbols to promote safe navigation of the motoring public. Federal regulations mandate minimum standards for traffic control such as painting divider lines, edge lines and symbols. Bids for painting and line striping were sought and the following bids were received: Company Bid Amount Vogel Traffic Services, Orange City, Iowa $15, Quality Striping, Inc., Des Moines, Iowa $19, Iowa Plains Signing, Slater, Iowa $22, The painting project will be paid using Road Use Tax funds in the traffic control budget. Recommendation: City Staff recommend approval to the attached resolution for the contract painting of highway and street lines and symbols by Vogel Traffic Services of Orange City, Iowa. Robert Knabel City Administrator Attachment

56 RESOLUTION NO RESOLUTION AWARDING CONTRACT TO PAINT THE HIGHWAY LINES AND SYMBOLS WHEREAS, the City has a need for highway and street painting to be completed every other year; and WHEREAS, this is the year to repaint the highway lines and symbols to promote safe navigation of the motoring public; and WHEREAS, the federal regulations mandate minimum standards for traffic control such as painting divider lines, edge lines and symbols; and WHEREAS, the City of Newton obtained sealed bids for painting the highway and street lines; and WHEREAS, Vogel Traffic Services of Orange City, Iowa was the lowest responsive bidder in the amount of $15,373.07; and NOW, THEREFORE, BE IT RESOLVED, by the City Council of Newton, Iowa, that the bid of Vogel Traffic Services of Orange City, Iowa, in the amount of fifteen thousand three hundred seventy three dollars and seven cents ($15,373.07) for the painting of the highway strips, lines and symbols be accepted. BE IT FURTHER RESOLVED, by the City Council of the City of Newton, Iowa, that the Public Works Director is authorized to contract the painting of highway lines, strips, and symbols from Vogel Traffic Services of Orange City, Iowa. The painting will be paid from the traffic control budget, which is paid using Road Use Tax funds. PASSED this day of June, APPROVED this day of June, ATTEST: Craig Trotter, Mayor Pro Tem Cheryl Salyers, Deputy City Clerk

57 City of Newton Council Report Item: Resolution approving Telecommunications Licensing Agreement with Windstream Iowa Communications, Inc. Summary: Approval of a license agreement to utilize public right-of-way for the installation, operation, and maintenance of a fiber optic network. Financial Impact: None Report Number: Date: June 6, 2016 Lead Department: Public Works Recommendation: Approve Background: Windstream Iowa Communications, Inc. (Windstream) of Little Rock, Arkansas is proposing the installation of a telecommunications system in Newton. These improvements would allow potential customers to utilize various services from Windstream in a portion of Newton and also outside the City limits. The proposed improvements would connect to existing Windstream facilities at E 19 th St N and N 19 th Ave E, run north along E 19 th St N to N 33 rd Ave E, and then run east to its terminus in the 2300 block of N 33 rd Ave E. Based on the rates City Council established in Resolution No passed on April 16, 2012, the licensing fee for the 1,680 LF of underground conduit in the City right-ofway is $1, Public Works has reviewed the route of the proposed improvements and will be working with the installation contractor to eliminate conflicts with existing utilities and other possible future improvements. The proposed route submitted by Windstream minimizes surface disturbances by utilizing directional boring methods in some areas of underground installation. All construction work and surface restoration proposed on this project will be subject to this agreement, along with a separate right-of-way excavation permit issued by Public Works. Recommendation: City Staff recommends approval of the agreement for use of public right-of-way for telecommunications by Windstream Iowa Communications, Inc. of Little Rock, Arkansas. Robert L. Knabel City Administrator Attachments

58 RESOLUTION NO RESOLUTION APPROVING TELECOMMUNICATIONS LICENSING AGREEMENT WITH WINDSTREAM IOWA COMMUNICATIONS, INC. WHEREAS, Windstream Iowa Communications, Inc. (Windstream) of Little Rock, Arkansas has requested the use of City owned right-of-way for the construction and maintenance of a telecommunications system; and WHEREAS, said telecommunications system would provide services for existing and potential customers within part of the Newton city limits, as well as additional areas outside the City limits; and WHEREAS, said telecommunications system would connect to existing Windstream facilities at E 19 th St N and N 19 th Ave E, run north along E 19 th St N to N 33 rd Ave E, and then run east to its terminus in the 2300 block of N 33 rd Ave E; and WHEREAS, the proposed route of said telecommunications system includes 1,680 lineal feet of underground conduit in the City of Newton right-of-way; and WHEREAS, the City of Newton has prepared a licensing agreement for the construction and maintenance of said telecommunications system based on that portion of said telecommunications system inside the City right-of-way. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Newton, Iowa, that the City hereby authorizes the Mayor and City Clerk to execute the attached Licensing Agreement with Windstream Iowa Communications, Inc. of Little Rock, Arkansas. PASSED this day of June APPROVED this day of June ATTEST: Craig Trotter, Mayor Pro Tem Cheryl Salyers, Deputy City Clerk

59

60

61

62

63

64

65

66 City of Newton Disbursements Vendor Department Description Amount Acushnet Company Golf Merchandise $ Alliant Energy/IPL All Utility $ 8, Alternative Artistry Library Programming $ Animal Rescue League Animal Control Service $ 3, Armstrong, Craig Planning & Zoning Reimbursement $ Arrow Pest Control LLC Water Pollution Control Service $ ASCAP Parks Service $ ATC Group Services LLC Housing Demolitions Service $ 1, Atlantic Bottling Maytag Pool Concessions $ Audio Editions Library Books $ 7.95 AWE Acquisitions Inc Library Service $ 3, Baker & Taylor Library Books $ 4, Baker & Taylor Entertainment Library DVDs $ BARCO Municipal Product Traffic Control Supplies $ Barcode Depot Library Equipment $ Beckman Gallery Fire Supplies $ Big Creek Design Group Parks Service $ Bituminmous Materials & Supply Street Supplies $ 1, Black Hills Energy All Utility $ Blackburn Mfg Co Engineering Supplies $ BlueTarp Financial Inc City Garage Supplies $ 1, Bolton & Menk Inc Housing Initiative Service $ 5, Bound Tree Medical LLC Fire Supplies $ 1, Brother International Corp Police Service $ Callaway Golf Golf Merchandise $ Cappy's Tire & Auto Service Street Supplies $ Cardinal Corner Fire Supplies $ Carolina Software Landfill Service $ CDW Government Inc Police/Library Supplies $ Cengage Learning Library Books $ Center Point Large Print Library Books $ Central Iowa Sales Inc Fire Supplies $ Chamber of Commerce Home Town Rewards Service $ 1, Cherry Lake Library Books $ Cintas City Garage Supplies $ CMI, Inc Police Supplies $ Coastal Netting Company Landfill Supplies $ Coastal Netting Systems Landfill Supplies $ 20, Colfax Historical Society Library Books $ Danko Emergency Equipment Fire Equipment $ Dannen, Ryan Landfill Reimb $ Davis Equipment Corp Golf Supplies $ DC Sports Fire Merchandise $ Dell Marketing L.P. Library Equipment $ 2, Des Moines Astronomical Society Library Programming $ Page 1

67 Diamond Products Co All Supplies $ Dodd Trash Hauling & Recycling Solid Waste Service $ 47, Domino's Pizza Fire Supplies $ Eastern Iowa Tire - Des Moines Street Supplies $ Eaton Corporation Water Pollution Control Supplies $ 8, Electrical Eng & Equipment Water Pollution Control Supplies $ Emerson Manufacturing City Garage Supplies $ Fareway Maytag Pool Concessions $ Farner Bocken Co Golf/Maytag Pool Concessions $ 2, FBG Service Corporation Library Service $ 2, Forbes Office Solutions All Supplies $ 1, Four Points Golf Cars Golf Service $ G and L Clothing Street Clothing $ G&K Services All Service $ Galeton Gloves & Safety Landfill/Street Supplies $ Gall's LLC Fire Merchandise $ Gemplers Parks Supplies $ General Fire And Safety City Center Service $ Grimes Asphalt and Paving Street Supplies $ Hach Co Water Pollution Control Supplies $ Hamilton Glass Parks Supplies $ 2, Hammer Medical Supply Fire Supplies $ Happy Medium Planning & Zoning Service $ 1, Hawkeye Exterminators Water Pollution Control Service $ Hawkins Water Treatment Water Pollution Control Supplies $ 1, Heiman Fire Equip Inc Fire Equipment $ Hewitt Service Center Golf Service $ Hillyard / Des Moines Fire Supplies $ HILTI Inc Street Supplies $ 1, HLW Engineering Group Landfill Service $ 2, Homeguard Security Alarm Water Pollution Control/Airport Service $ Hop-A-Lot Rentals Home Town Rewards Service $ 1, Hornung's Golf Supplies $ Humana Health Care Plan Fire Reimbursement $ Hy-Vee Inc All Supplies $ Image Trend Inc Fire Service $ 3, IMWCA All Insurance $ 1, Iowa Department of Transportation Traffic Control Supplies $ 3, Iowa Dept of Natural Resources Landfill Service $ 14, Iowa Golf Association Golf Merchandise $ Iowa Law Enforcement Academy Police Training $ 1, Iowa One Call Water Pollution Control Service $ Iowa Prison Industries Parks Supplies $ J Ray's Lawn Care and Snow Removal Library Service $ 1, Jack Topp - OPN Architects Home Town Rewards Service $ Jasper County Clerk Police Service $ Jasper County Sheriff Building Service $ Johnson Aviation Airport Service $ 2, Karl Chevrolet Inc Police Equipment $ 19, Page 2

68 Klein, Rebecca Library Supplies $ Leavens, Harold Fire Reimbursement $ LIberty Tire Services LLC Landfill Service $ Lindstrom, Nicole Library Reimbursement $ Logan Contractors Supply Street Supplies $ 3, LogIn IACP Net Police Services $ Logue, Kendi Maytag Pool Refund $ Lyman, Rick Housing Demolitions Service $ 2, Mahaska Bottling Co Golf Concessions $ 1, Manatts - D.M. ALL Supplies $ 7, Marsden Bldg Maintenance City Center Service $ 2, Martin Marietta Materials Street/Parks Supplies $ 3, Material Handling Innovations Water Pollution Control Service $ 1, Maxim Advertising PW Building/Administration Supplies $ McVey, Elizabeth Parks Reimbursement $ Menards-Altoona Landfill Supplies $ Mercy College of Health Sciences Fire Services $ Meredith Books Library Books $ MG Laundry Corporation Fire Service $ Mid State Construction Co Inc Fire Service $ 1, Mid-American Research Chemical Water Pollution Control Supplies $ 1, Mike's Machine Repair Water Pollution Control Supplies $ Mobotrex Traffic Control Supplies $ Moo's BBQ Fire Supplies $ MTI Distributing Inc Golf Supplies $ Municipal Supply Inc Street Supplies $ 1, NAPA Auto Parts All Supplies $ News Printing Company All Publications $ 4, Newton Clinic Fire Service $ Newton Convention & Visitors Bureau Planning & Zoning Service $ 2, Newton Correctional Facility Street Service $ Noble Ford of Newton Inc Police Service $ 1, Northern Safety Co Inc Engineering Supplies $ O'Halloran International City Garage Supplies $ O'Keefe Elevator Co Inc City Center Service $ Omaha World-Herald Library Subscription $ OneBody3 Executive Service $ 3, OPN Architects Inc Executive Service $ O'Reilly Auto Parts City Garage/Golf Supplies $ Peden, Philip Planning & Zoning Service $ Peter, Phyllis Library Reimbursement $ Petty Cash - Fire Fire Service $ 6.45 Pierce-Thomassen, Jaci Planning & Zoning Service $ Pitney Bowes Planning & Zoning Service $ PJ's Deli Fire Supplies $ Quill Corporation All Supplies $ Randy's Lawn Care Building Service $ RDJ Specialties, Inc. Fire Supplies $ Realm Golf Supplies $ Page 3

69 Recorded Books Library Books $ Rolling Thunder Planning & Zoning Service $ Schwenker, Brenna Maytag Pool Reimbursement $ Scott Van Keppel Landfill Supplies $ Secretary of State Library Dues $ Showcases Library Supplies $ Sign Pro Golf/Planning & Zoning Service $ 2, Skarshaug Testing Laboratory Street Service $ Skillpath Seminars Library Training $ Smith Quality Rental Street/Landfill/Parks Service $ Spahn & Rose Lumber Co All Supplies $ Springer Professional Home Services Golf/PW Building Service $ Stacy's Sweetstuff Fire Supplies $ Taste of Home Library Books $ Telrepco Fire Service $ Terpstra, Bonnie SSMID District Reimbursement $ The Knox Company Fire Supplies $ Theisen's All Supplies $ 1, Theisen's Marshalltown Water Pollution Control Supplies $ Thomson Reuters West Library Books $ TK Concrete Inc Commercial Acquisition & Demo Service $ 6, Tour edge Golf Merchandise $ True Value Hardware All Supplies $ 1, Unique Management Services Library Service $ United Parcel Service Traffic Control Service $ Upstart Library Supplies $ Utility Equipment Co Street Supplies $ Van Maanen Electric Inc Landfill/Disaster Services Service $ 4, Van Meter Inc Library/Traffic Control/PW Building Supplies $ Van Wall Equipment Cemetery Supplies $ Verizon Police Service $ Vernon Library Supplies Library Supplies $ Wal-Mart All Supplies $ Ward, Mike Landfill Reimbursement $ Warnick & Reeves Mechanical All Service $ 2, Water Department All Utility $ Wellik, Jarrod Fire Reimbursement $ WesTech Water Pollution Control Supplies $ 5, Wilson, Brenda Water Pollution Control Reimbursement $ Windstream All Utility $ Yamaha Motor Corporation Golf Service $ 1, Ziegler Inc Water Pollution Control Supplies $ Zimco Supply Company Golf Supplies $ Zoll Fire Supplies $ 1, TOTAL: $ 280, Page 4

70 Pre-Authorized Payments Black Hills Energy All Utility $ Doll Distributing Golf Concessions $ Grimes, Buck, Shoell, Beach & Hitchins Commercial D&D Property Acquisition $ 538, Iowa Beverage Systems Golf Concessions $ Karl Chevrolet Fire Capital Equipment $ 26, Mediacom Administration Utility $ United States Cellular All Utility $ ACH Payments from Great Southern Bank Advantage Administrators All Insurance $ Bank Iowa All Insurance $ 13, Bankers Trust Debt Service Debt Payments $ 2,742, Delta Dental All Insurance $ 10, Iowa Finance Authority Water Pollution Control Debt Payments $ 308, Payroll All Payroll $ 372, Payroll All Payroll $ 380, Wellmark BC/BS All Insurance $ 153, Page 5

71 City of Newton Council Report Item: Resolution awarding contract for the North Newton Hike & Bike Trail Project. Summary: Award Contract to TK Concrete Inc. for the North Newton Hike & Bike Trail Project. Financial Impact: $15, using 2014 bond proceeds and Plant Two TIF District. Report Number: Date: June 6, 2016 Lead Department: Public Works Recommendation: Approve Background: The North Newton Hike & Bike Trail Project which is a continuation of the City-Wide Hike & Bike Trail has been identified in the Community Investment Plan as needing to be constructed. In 2013, the City of Newton was awarded a Transportation Enhancement grant from the Iowa Department of Transportation (DOT) in the amount of $185, to extend the existing hike and bike trail on the north side of Newton. This grant can pay no more than 80% of the project cost up to $185,543.33, with the remainder cost paid by the City. The City prepared and submitted plans to the Iowa Department of Transportation (DOT). The North Newton Hike & Bike Trail project consists of construction of a trail from the existing trail at N 11 th Avenue E and E 12 th Street N to Woodland Park. The bike path will be an on-street signed bike route on E 8 th Street N from N 11 th Avenue E to N 15 th Avenue E because of space constraints and design criteria for a bike path crossing railroad tracks. The Iowa DOT placed the project out to bid and the following bids were received on May 17, 2016: Contractor Bid Amount TK Concrete, Inc., Pella $196, Elder Corporation, Pleasant Hill $216, Absolute Concrete Const., Inc., Slater $228, Howrey Construction, Inc., Rockwell City $239, Vieth Construction Corp., Cedar Falls $239, Jasper Construction Services, Inc., Newton $249, Con-Struct, Inc., Marshalltown $284, The engineer s estimated cost for the construction of the North Newton Hike & Bike Trail project was $199, After review of the bids, City staff recommends approval of the bid from TK Concrete, Inc. of Pella, Iowa based on the bid amount of $196, Including design, construction and estimated construction phase engineering services, the total project cost is $226, The grant will pay $180, (80% of the project cost). Therefore the City s local match for the project is $45, Applying an

72 estimated $30,000 for in-house engineering towards the City cost share, the out-ofpocket cost for the City is estimated to be $15, This cost will be paid utilizing funds from the Plant Two TIF District and from the 2014 bond proceeds. Recommendation: City staff recommends awarding contract for the North Newton Hike & Bike Trail Project to TK Concrete Inc. of Pella, Iowa. Robert Knabel City Administrator Attachment

73 RESOLUTION NO RESOLUTION AWARDING CONTRACT FOR THE NORTH NEWTON HIKE & BIKE TRAIL PROJECT WHEREAS, the North Newton Hike & Bike Trail project in Newton, Iowa has been awarded a Transportation Enhancement grant from the Iowa Department of Transportation (DOT) to extend the existing hike and bike trail on the north side of Newton; and WHEREAS, on September 15, 2014 the Newton City Council passed Resolution No authorizing the City to enter into an agreement with the Iowa Department of Transportation (DOT) for the North Newton Hike & Bike Trail Project; and WHEREAS, said awarded STP grant will allow the City to be reimbursed 80% of the project costs up to $185,543.33; and WHEREAS, City staff prepared plans and specifications and final plans were submitted to the Iowa DOT for review and bidding purposes; and WHEREAS, bids were received and opened by the Iowa DOT on May 17, 2016 and City staff has recommended that the City of Newton award a contract to TK Concrete Inc. of Pella, Iowa based on the low responsive bid of $196, NOW, THEREFORE, BE IT RESOLVED, that the bid received from TK Concrete Inc. of Pella, Iowa in the amount of One Hundred and Ninety- Six Thousand, One Hundred and Seventy Eight Dollars and Eighteen Cents ($196,178.18) for the North Newton Hike & Bike Trail Project as described in the plans and specifications, is hereby accepted, and BE IT FURTHER RESOLVED, by the City Council of the City of Newton, Iowa, that the contract executed by TK Concrete Inc. of Pella, Iowa for the North Newton Hike & Bike Trail Project and as described by the plans and specifications, said contract to be signed by the Mayor and City Clerk on behalf of the City. The City s 20% cost share for the project will be paid from the 2014 bond proceeds, Plant Two TIF District, and inhouse engineering. PASSED this day of June, APPROVED this day of June, ATTEST: Craig Trotter, Mayor Pro Tem Cheryl Salyers, Deputy City Clerk

74 City of Newton Council Report Item: Resolution awarding contract for the Parking Lot Reconstruction Project Summary: Award of contract to improve one City owned downtown parking lot. Financial Impact: $106, from the 2015 bond proceeds funded through the Downtown TIF District. Report Number: Date: June 6, 2016 Lead Department: Public Works Recommendation: Approve Background: The 2015 bond proceeds allocated $200,000 for the reconstruction of a downtown parking lot to be paid from the North Central TIF District. The City parking lot on the northeast corner of the S 2 nd Ave W and W 3 rd St S intersection has deteriorated and is in need of repairs. This parking lot is immediately north of and adjacent to the improvements under contract on the S 2 nd Ave Street Improvement Project. Reconstructing this parking lot concurrently with the work on S 2nd Ave allows both projects to be completed without the need to relocate driveways and curb openings. The City of Newton Public Works Department prepared plans and specifications for the Parking Lot Reconstruction Project that included the removal of the existing pavement and the construction of new 6 thick Portland cement concrete pavement with landscaped islands at the north end, and accessible sidewalk ramps. The project includes removal of pavement from the City alley located east of the City owned lot. On May 31, 2016, the Planning and Zoning Board approved converting the southern ½ of the North-South Alley in Block 19 of the Original Town Plat to pedestrian traffic only. The following submitted bids were received and opened on June 1, 2016: TK Concrete, Inc. Pella, Iowa $ 106, JDA Construction Marshalltown, Iowa $ 127, Cameron-Mitchell, Inc. Des Moines, Iowa $ 147, Bushong Const. Co., Inc. Montezuma, Iowa $ 149, Jensen Builders LTD. Des Moines, Iowa $ 152, Brycon LLC Marshalltown, Iowa $ 158, Absolute Concrete Slater, Iowa $ 160, Jasper Const. Services Newton, Iowa $ 184, The apparent low bidder is TK Concrete, Inc. of Pella, Iowa. The engineer s estimate of construction cost is $145, The completion date of the project is October 31, The Newton Main Street Design Committee is working on plans for the pedestrian walkway in the alley. The pedestrian walkway will be completed under a

75 separate bid/contract and will utilizing a portion of the funds remaining from the $200,000 budgeted amount. Recommendation: City Staff recommends that Council award the project to the low responsive, responsible bidder, TK Concrete, Inc. of Pella, Iowa. Robert Knabel City Administrator Attachment

76 RESOLUTION NO RESOLUTION AWARDING CONTRACT FOR THE PARKING LOT RECONSTRUCTION PROJECT WHEREAS, the City parking lot on the northeast corner of the S 2 nd Ave W & W 3 rd St S intersection has deteriorated and is in need of repairs; and WHEREAS, the 2015 bond proceeds allocated $200,000 to be paid from the North Central TIF District for downtown parking lot reconstruction; and WHEREAS, the City of Newton Public Works Department prepared plans and specifications for the 2016 Parking Lot Reconstruction Project that included removal of the deteriorated parking lot, and the construction of new 6 thick PC concrete parking lot with accessible pedestrian ramps; and WHEREAS, the Newton City Council, at their meeting on May 16, 2016, set dates for the bid opening and public hearing, and ordered bids for said project; and WHEREAS, sealed bids were received and opened on June 1, 2016; and WHEREAS, City staff recommends that the City of Newton award a contract to TK Concrete, Inc. of Pella, Iowa for the 2016 Parking Lot Reconstruction Project based on the low responsive, responsible bid received in the amount of $106, NOW, THEREFORE, BE IT RESOLVED, by the City Council of Newton, Iowa, that the bid of TK Concrete, Inc. of Pella, Iowa, in the amount of One Hundred Six Thousand Five Hundred Eighty-Six Dollars and Zero Cents ($106,586.00) for the 2016 Parking Lot Reconstruction Project, all as described in the plans and specifications, is hereby accepted, the same being the lowest bid 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 TK Concrete, Inc. of Pella, Iowa for the 2016 Parking Lot Reconstruction Project as described by the plans and specifications filed in the office of the City Clerk, said contract to be signed by the Mayor and City Clerk on behalf of the City, be and the same are hereby approved. Funds from the North Central TIF District will be used to pay for this project. PASSED this day of June APPROVED this day of June ATTEST: Craig Trotter, Mayor Pro Tem Cheryl Salyers, Deputy City Clerk

77 City of Newton Council Report Item: Resolution Accepting Purchase Proposal for Property at 1205 West 19 th Street South in the Southwest Newton Urban Renewal Area Summary: The City is taking redevelopment offers for purchasing all or part of the Juice and Junk site that the City has acquired and is clearing. Financial Impact: Would result in revenue to the City if a land sale is approved. Report Number: Date: June 6 th, 2016 Lead Department: Finance and Development Recommendation: Approval Background: The City has purchased the former Juice and Junk property at 1205 West 19 th Street South in Newton. As it works on clearing the acre property, the City has already had development inquiries for the land. At its May 2, 2016 meeting, the City Council set a public hearing for June 6 th to consider proposals for redevelopment of all or part of the site. Since this property is in an urban renewal area (Southwest Newton TIF District), Iowa Code Section required the City to publish a 30-day notice before any of the land is sold. The notice of public hearing allowed purchase and redevelopment proposals to be submitted up to the time of the hearing. Staff anticipates that at least one proposal will be received and prepared for presentation to Council by the time of the hearing. Details of all proposals will be provided at the meeting on June 6 th. Recommendation: Staff will provide details of any proposals received and a recommendation at the time of the public hearing. Robert L. Knabel City Administrator

78 RESOLUTION NO RESOLUTION ACCEPTING PURCHASE PROPOSAL FOR PROPERTY AT 1205 WEST 19 TH STREET SOUTH IN THE SOUTHWEST NEWTON URBAN RENEWAL AREA WHEREAS, the City of Newton has acquired certain property, which is located within the Southwest Newton Urban Renewal Area at 1205 West 19 th Street South in Newton; and WHEREAS, a proposal has been received from to purchase and redevelop acres of the site; and WHEREAS, the sale of all or part of the property would result in substantial public benefit, the expansion of the tax base, and creation of employment opportunities within the city, would further benefit development of the Urban Renewal Area, and would be consistent with the goals and objectives of the Southwest Newton Urban Renewal Plan; and WHEREAS, through publication in the Newton Daily News, the City has complied with section of the Code of Iowa that requires that a thirty-day notice be published to allow for competing proposals before property is sold in an Urban Renewal Area; and WHEREAS, the Newton City Council is generally favorable to selling City property in Urban Renewal Areas to foster redevelopment. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newton: That the attached Purchase and Sale Agreement by and between the City of Newton and, is hereby approved. PASSED this day of June, APPROVED this day of June, ATTEST: Craig Trotter, Mayor Pro Tem Cheryl Salyers, Deputy City Clerk

79 City of Newton Council Report Item: A resolution accepting title to property located at st Avenue West in Newton, Jasper County, Iowa Summary: State of Iowa Code 657A allows cities to petition for ownership of abandoned buildings. Court action on May 31st was favorable to the City in gaining ownership of the property. Financial Impact: $0.00 acquisition costs, approximately $2,000 in legal & court fees from D&D Fund Report Number: Date: June 6, 2016 Lead Department: Planning & Zoning Department Recommendation: Approve Summary: Iowa Code 657A.10A allows for cities to petition the courts for title of abandoned properties. Through various seminars through the Iowa League of Cities, Iowa Chapter of the American Planning Association, and Iowa Association of Building Officials, staff has learned that this section of code has been a useful tool utilized across the state. The process provides a more permanent solution in dealing with and cleaning up properties that are stuck in a constant state of abandonment for various reasons. As part of the efforts associated with the housing initiative, staff identified that st Avenue West met the criteria as an abandoned building. On May 31 st, the court awarded title of the property through a default judgement to the City of Newton. This is the eighth abandoned building that the City has petitioned the court for ownership under this code section. Upon acceptance of the title and conclusion of the 30 day appeal period, the City will become the owner of the property. Recommendation: Staff recommends approval of the resolution. Robert L. Knabel City Administrator Attachments

80 PROPERTY PHOTO: st Avenue W

81 ORDINANCE NO ORDINANCE TO AMEND VARIOUS SECTIONS OF THE CITY OF NEWTON CODE OF ORDINANCES REGARDING MUNICIPAL INFRACTIONS AND PENALTIES BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEWTON, IOWA: SECTION 1. Municipal Code Title I, Chapter 1, Article 1, Section 9(2) Schedule of Penalties is hereby amended by adding or deleting the following: (2) Schedule of Penalties. Unless another penalty or procedure is expressly provided by the Code of Ordinances for any particular provision, section or chapter, any person failing to perform a duty or obtain a license required by, or violating any provision of the Code of Ordinances, or any rule or regulation adopted herein by reference, shall be guilty of a municipal infraction and shall be subject to the following schedule of penalties: SCHEDULE OF PENALTIES 1st Offense $ $ $ $ nd Offense $100 - $ $ $ Subsequent Offenses $ $ $ $1, Furthermore, allshould a municipal infractions citation be filed with the courts, the Defendant shall be required to appear in that actionshall require a court appearance of the Defendant. Should the court enter a finding in favor of the City in that actionthere be a finding for the Plaintiff, the court shall give consideration to ordering the Defendant to abate or correct the violation. SECTION 2. Municipal Code Title I, Chapter 1, Article 1, Section 9(B) is hereby added to Title I, Chapter 1, Article 1, as follows: (B) Notice of Violation. All Code violations which are deemed to be municipal infractions pursuant to City Code section (A) may initially be charged upon a simple notice of violation. The City may serve a notice of violation upon a party charged with an act constituting a municipal infraction either by delivering said notice personally or by certified mail to the party's last known address. If the person charged admits the violation, such person shall be subject to the penalty applicable to municipal infractions as set forth in the Schedule of Penalties, unless another penalty is specifically provided for elsewhere in the Code for that particular violation. Upon payment of the penalty to the City Clerk, or his or her designee, and performance of any other act required by law to be performed, the person charged shall not be further prosecuted or assessed any costs or other expenses for such violation, and the City shall retain all penalties collected pursuant to this section. Where a code violation initially charged upon a simple notice of violation pursuant to this section is not admitted by the person charged, or is admitted by the person charged but other acts required to be performed were not performed, a civil municipal infraction citation shall be served and filed with the courts in the manner prescribed by the applicable provision(s) of this code. Such municipal infraction citation may seek a penalty and/or additional relief to the extent permitted by law. This section does not impose a duty to initially charge all municipal infractions upon simple notice, and the officer charged with enforcement may initially issue a civil municipal infraction citation seeking a civil penalty with or without additional relief. SECTION 3. REPEALER CLAUSE. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTION 4. 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 5. EFFECTIVE. This ordinance shall be effect from and after its final passage, approval and publication as provided by law. Passed this day of, 2016 Approved this day of, 2016 ATTEST: Michael L. Hansen, Mayor Katrina Davis, City Clerk I, Katrina Davis, City Clerk of the City of Newton, Iowa, do hereby certify that the foregoing Ordinance was passed and approved by the City Council of the City of Newton, Iowa, on the day of 2016, and was published in the Newton Daily News, a newspaper of general circulation in said City of Newton, on the day of Dated this day of, 2016, Katrina Davis, City Clerk

82 City of Newton Council Report Item: Ordinance amending the code of ordinances, City of Newton, Iowa, 2011, Title 2, Chapter 11, Article 8, Other Traffic Offenses Stops by removing traffic signals at the intersection of 1 st Avenue E. and E. 3 rd Street and installing stop signs for northbound and southbound traffic. Summary: Remove an unneeded traffic signal in the downtown. Financial Impact: $10,000 paid from the Road Use Tax fund. Report Number: Date: May 16, 2016 Lead Department: Public Works Recommendation: Approve Background: One of the Safe Community goals set by City Council was to evaluate the traffic flow and traffic control systems along 1 st Avenue in the downtown. The City utilized Traffic Engineering Assistance Program (TEAP) funds to pay 100% of a traffic study of 1 st Avenue in the downtown. The Iowa Department of Transportation hired Snyder & Associates to perform a traffic study in the downtown. The study was completed on April 28, 2016 and indicated that traffic counts do not warrant traffic signals at most of the intersection in the downtown. However, due to the location of existing buildings, most traffic signals are needed. The report stated that all the signals on 1 st Avenue are required, except the signals at E 3 rd Street, because existing buildings do not allow adequate lines of sight for a motorist parked behind the crosswalk when making a left or right turn. The report recommends that the traffic signals at the E 3 rd Street intersection be removed and replaced with stop signs on the minor street approaches as long as the City works with the business owners to prevent vehicles from parking near the intersection in the area that would impair the motorist s line sight. On May 2 nd, the controller for the E 3 rd Street traffic signal malfunctioned. The City placed bags over the traffic signals and placed temporary stop signs for northbound and southbound traffic. The City Traffic Safety Committee met on May 5 th and recommended removing the traffic signals at 1 st Avenue E. and E. 3 rd Street and adding stop signs for northbound and southbound traffic as long as there would be no issues with lines of sight. City staff measured and marked the line of sight areas at this intersection. One on-street parking space in front of Cappy s Tire and Auto Service would need to be eliminated. Staff visited with the property owners where parked vehicles could result in a line of sight issue. The following are the results for each corner of the intersection:

83 Northwest - The owner of Cappy s Tire and Auto Service agreed not to park vehicles within the line of sight area. The owner did not have any concerns about removing the on-street parking stall. Northeast - The parking lot is set back far enough to not interfere with a motorist s line of sight. Southeast - The owner of Hawkeye Car Credit property agreed to keep vehicles out of the line of sight area. Southwest - Vehicles typically do not park in the line of site area. The owner was made aware of the line of sight area and agreed that this would not be an issue. If the change is adopted, the traffic signal masts would be removed and staff would remove the painted stop bars and crosswalk lines on 1 st Avenue. Removing the masts and paint markings will help eliminate any confusion motorists are currently experiencing when traveling through this intersection. The City will remove the parking stall in front of Cappy s Tire and Auto Service and paint the curb yellow. We estimate that the cost to remove the signals and poles will be $10,000, which will be paid from the Road Use Tax fund. City Ordinance will be amended to remove official traffic controls at E 3 rd Street. City Ordinance states that every driver of a vehicle shall stop before entering an intersection with 1 st Avenue from the west corporate limits to the east corporate limits. Therefore no change in the City Ordinance is required to add stop signs at E 3 rd Street. Recommendation: City Staff recommends approval of the ordinance amendment to remove the traffic signals at 1 st Avenue E. and E. 3 rd Street and to add stop signs at this intersection for northbound and southbound traffic. Katrina Davis Acting City Administrator Attachment

84 ORDINANCE NO. ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF NEWTON, IOWA, 2011, TITLE 2, CHAPTER 11, ARTICLE 8, OTHER TRAFFIC OFFENSES STOPS BY REMOVING TRAFFIC SIGNALS AT THE INTERSECTION OF 1 ST AVENUE AND E 3 RD STREET AND INSTALLING STOP SIGNS FOR NORTHBOUND AND SOUTHBOUND TRAFFIC BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEWTON, IOWA: Section 1. The Code of Ordinances, City of Newton, Iowa, 2011, Title 2, Chapter 11, Article 8 Other Traffic Offenses - Stops, Section is hereby amended by adding or deleting the following: OFFICIAL TRAFFIC CONTROLS. Every driver shall observe and comply with directions provided by official traffic-control signals at the following intersections: Intersection of First Avenue East and East Third Street. RESERVED. 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, 2016, after the final passage, approval and publication as provided by law. PASSED this day of, APPROVED this day of, ATTEST: Michael L. Hansen, Mayor Katrina Davis, City Clerk I, Katrina Davis, City Clerk of the City of Newton, Iowa, do hereby certify that the foregoing Ordinance was passed and approved by the City Council of the City of Newton, Iowa on the day of, 2016 and was published in the Newton Daily News, a newspaper of general circulation in the said City of Newton on the day of, Dated this day of, Katrina Davis, City Clerk

85 City of Newton Council Report Item: A resolution accepting title to property located at st Avenue West in Newton, Jasper County, Iowa Summary: State of Iowa Code 657A allows cities to petition for ownership of abandoned buildings. Court action on May 31st was favorable to the City in gaining ownership of the property. Financial Impact: $0.00 acquisition costs, approximately $2,000 in legal & court fees from D&D Fund Report Number: Date: June 6, 2016 Lead Department: Planning & Zoning Department Recommendation: Approve Summary: Iowa Code 657A.10A allows for cities to petition the courts for title of abandoned properties. Through various seminars through the Iowa League of Cities, Iowa Chapter of the American Planning Association, and Iowa Association of Building Officials, staff has learned that this section of code has been a useful tool utilized across the state. The process provides a more permanent solution in dealing with and cleaning up properties that are stuck in a constant state of abandonment for various reasons. As part of the efforts associated with the housing initiative, staff identified that st Avenue West met the criteria as an abandoned building. On May 31 st, the court awarded title of the property through a default judgement to the City of Newton. This is the eighth abandoned building that the City has petitioned the court for ownership under this code section. Upon acceptance of the title and conclusion of the 30 day appeal period, the City will become the owner of the property. Recommendation: Staff recommends approval of the resolution. Robert L. Knabel City Administrator Attachments

86 PROPERTY PHOTO: st Avenue W

87 RESOLUTION NO RESOLUTION ACCEPTING TITLE TO PROPERTY LOCATED AT st AVENUE WEST, JASPER COUNTY, IOWA WHEREAS, the City of Newton has established a Dangerous and Dilapidated Building Program through which it acquires real estate for sale and redevelopment, and, WHEREAS, State of Iowa Code 657A allows for cities to petition for ownership of abandoned buildings, and WHEREAS, property owned by CitiMortgage Inc. located at st Avenue West was found to be abandoned and inhabitable, and, WHEREAS, on May 31, 2016, Iowa District Court for Jasper County ruled that the property has been abandoned, and NOW, THEREFORE, BE IT RESOLVED by the City Council of Newton, Iowa: That the court title for property located at st Avenue West, legally described as: Lot 4 in Miller s Addition to the City of Newton, Jasper County, Iowa; is hereby accepted, and BE IT FURTHER RESOLVED by the City Council of Newton, Iowa: That the City Administrator is authorized to solicit bids for the demolition of the structure(s) on said lots. PASSED this day of June APPROVED this day of June ATTEST: Craig Trotter, Mayor Pro Tem Cheryl Salyers, Deputy City Clerk

88 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: No direct cost, and could grow future tax base. Report Number: Date: June 6, 2016 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. Venture Homes has built and sold two homes in Fountain Hills, per the original agreement, and now wants to acquire Lot 14 of the subdivision for additional development of similar style and quality. Lot 14 is located on the same side of the road and further north of the two existing homes. A speculative home is planned for the lot, adjacent to a proposed custom home on Lot 15. Due to the $1 cost of the lot, the City s $10,000 incentive would not be available to a buyer of the potential new home unless the developer provides the same amount to the City. The proposed agreement would set the terms of the transfer of Lot 14 to Venture Homes and would facilitate the continuation of single-family residential development in Fountain Hills. Recommendation: Staff recommends approval of the attached Resolution Robert L. Knabel City Administrator Attachments

89 Jasper County, IA Lot 14 of Fountain Hills Subdivision Overview Legend Parcels Corporate Limits Political Townships Roads <all other values> County Hwy County Paved Federal Interstate Local 249 ft Parcel ID Sec/Twp/Rng n/a Property Address 981 W 22ND ST S NEWTON District NWNT Brief Tax Description Developed by The Schneider Corporation Alternate ID n/a Class R Acreage n/a FOUNTAIN HILLS ESTATES, FIRST ADD LOT 14 EX OUTLOT F (Note: Not to be used on legal documents) Jasper County Data Disclaimer Owner Address CITY OF NEWTON 101 W 4 ST S NEWTON IA 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: 5/31/2016

90 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: Fountain Hills Estates, First Addition, Lot 14, City of Newton, as it appears in Book A, Page 569, as recorded in the office of the County Recorder of Jasper County, Iowa; 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 Quit Claim 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 day of June, APPROVED this day of June, ATTEST: Craig Trotter, Mayor Pro Tem Cheryl Salyers, Deputy City Clerk

91 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 6 th day of June, 2016, 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 One Dollar ($1.00) (hereinafter "Purchase Price ). The cash payment representing the full Purchase Price shall be delivered to the City simultaneously with the delivery of the deed conveying the Property to the Developer. 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: Fountain Hills Estates, First Addition, Lot 14, City of Newton, as it appears in Book A, Page 569, as recorded in the office of the County Recorder of Jasper County, Iowa; SECTION 5. CONVEYANCE OF PROPERTY. a) Form of Deed. The City shall convey title to the Property to the Developer by Corporate Quit Claim 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.

92 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.

93 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:

94 Purchase and Development Agreement Page 4

95 City of Newton Council Report Item: Resolution approving the purchase of a batwing pull type mower for the Newton Municipal Airport. Summary: Replace the existing 1996 mower at the airport. Financial Impact: Total cost of $14, paid from 2015 bonds proceeds. Report Number: Date: June 6, 2016 Lead Department: Public Works Recommendation: Approve Background: The Newton Municipal Airport mows almost daily during the growing season to maintain a short grass height along the runway and taxiway and at the runway approaches. Mowing is critical for visibility of landing guide lights and to minimize wildlife activity near the runway. Staff analysis of equipment indicated that a batwing pull type mower was the appropriate piece of equipment to replace the existing 20 year old John Deere mower being used at the airport. The 2015 bond proceeds allocated $17,000 in the 2016/2017 budget for the purchase of a mower for the airport. Staff prepared specifications for a 15-foot wide batwing pull type mower and sent a request for quotes to area dealerships. The following quotes were received: Dealer Mower Brand Quote Prairie Ag Supply, Prairie City, Iowa Land Pride $14, Van Wall Equipment Colfax, Iowa John Deere $15, Recommendations: City Staff recommends approval of purchasing a Land Pride 15-foot batwing pull type mower from Prairie Ag Supply Prairie City, Iowa for the low bid amount of $14, Staff recommends placing the existing 1996 John Deere mower on Public Surplus online auction with a reserve amount of $1, Robert Knabel City Administrator Attachment

96 RESOLUTION NO RESOLUTION OF SUPPORT AND FINANCIAL COMMITMENT FOR THE MAIN STREET PROGRAM IN NEWTON, IOWA WHEREAS, an Agreement is proposed between the Iowa Economic Development Authority, Newton Main Street, and the City of Newton for the purpose of continuing the Main Street Iowa program in Newton, Iowa; and WHEREAS, this Agreement is pursuant to contractual agreements between the National Main Street Center, Inc. and the Iowa Economic Development Authority to assist in the revitalization of the designated Main Street project area of Newton, Iowa; and WHEREAS, the City Council of Newton, Iowa, endorses the goal of economic revitalization of the Downtown within the context of preservation and rehabilitation of its historic buildings and supports the continuation of the Main Street Approach as developed by the National Main Street Center and espoused by Main Street Iowa; NOW THEREFORE BE IT RESOLVED by the City Council of Newton, Iowa, that the City of Newton hereby agrees to support financially and philosophically the work of Newton Main Street and designates the Newton Main Street Board, with City representation, to supervise the Executive Director. The City of Newton has budgeted funding from the North Central Tax Increment Finance District to support the Newton Main Street Program. BE IT FURTHER RESOLVED by the City Council of Newton, Iowa, that the Mayor is hereby authorized to execute the attached Main Street Iowa Program Agreement #PS2016-G delineating program responsibilities from July 1, 2016 through June 30, PASSED this day of June, APPROVED this day of June, ATTEST: Craig Trotter, Mayor Pro Tem Cheryl Salyers, Deputy City Clerk

97

98

99

100 City of Newton Council Report Item: Resolution approving the purchase of a batwing pull type mower for the Newton Municipal Airport. Summary: Replace the existing 1996 mower at the airport. Financial Impact: Total cost of $14, paid from 2015 bonds proceeds. Report Number: Date: June 6, 2016 Lead Department: Public Works Recommendation: Approve Background: The Newton Municipal Airport mows almost daily during the growing season to maintain a short grass height along the runway and taxiway and at the runway approaches. Mowing is critical for visibility of landing guide lights and to minimize wildlife activity near the runway. Staff analysis of equipment indicated that a batwing pull type mower was the appropriate piece of equipment to replace the existing 20 year old John Deere mower being used at the airport. The 2015 bond proceeds allocated $17,000 in the 2016/2017 budget for the purchase of a mower for the airport. Staff prepared specifications for a 15-foot wide batwing pull type mower and sent a request for quotes to area dealerships. The following quotes were received: Dealer Mower Brand Quote Prairie Ag Supply, Prairie City, Iowa Land Pride $14, Van Wall Equipment Colfax, Iowa John Deere $15, Recommendations: City Staff recommends approval of purchasing a Land Pride 15-foot batwing pull type mower from Prairie Ag Supply Prairie City, Iowa for the low bid amount of $14, Staff recommends placing the existing 1996 John Deere mower on Public Surplus online auction with a reserve amount of $1, Robert Knabel City Administrator Attachment

101 RESOLUTION NO RESOLUTION APPROVING PURCHASE OF A BATWING PULL TYPE MOWER FOR THE NEWTON MUNICIPAL AIRPORT WHEREAS, the analysis of equipment determined that a new mower was needed for the Newton Municipal Airport to replace the existing 20-year old mower; and WHEREAS, the budget included $17,000 for a new airport mower to be paid utilizing 2015 bond proceeds; and WHEREAS, city staff prepared specifications and sought quotes for a new mower; and WHEREAS, based on the desired specifications for the mower, the low quote for the 15-foot batwing pull type mower was received from Prairie Ag Supply of Prairie City, Iowa in an amount of $14, NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Newton, Iowa, that the Public Works Director is authorized to purchase a new 15 foot Land Pride batwing pull type mower from Prairie Ag Supply of Prairie City, Iowa in the amount of $14, The mower will be paid utilizing available funds from the 2015 bond proceeds. The existing 1996 John Deere mower shall be placed on Public Surplus online auction with a reserve amount of $1, PASSED this day of June APPROVED this day of June ATTEST: Craig Trotter, Mayor Pro Tem Cheryl Salyers, Deputy City Clerk

102 City of Newton Council Report Item: Resolution authorizing the submission of a grant application for federal assistance to fund an update to the Newton Municipal Airport Master Plan. Summary: To be considered for a grant to help pay for an updated to the Airport Master Plan. Financial Impact: $23,800 from the 2015 bond proceeds. Report Number: Date: June 6, 2016 Lead Department: Public Works Recommendation: Approve Background: The existing Airport Master Plan for the Newton Municipal Airport needs to be updated. The last Airport Master Plan for the Newton Municipal Airport was completed in 2000 and the Airport Layout Map (ALP) was updated in The Federal Aviation Administration (FAA) provides grants for updating Airport Master Plans. The City of Newton is applying for a grant for funding to update the Airport Master Plan (AIP No ). The grant application is for a project with a total cost of $238,000. The grant would pay for 90% of eligible project costs. The City 10% share would be $23,800 and would be paid utilizing the 2015 bond proceeds. The 2015 bond proceeds allocated $12,500 for updating the Airport Master Plan. However, there are available 2015 bond proceeds from other projects including $18,000 from the Traffic Signal Batter Backup project that could be used to supplement the City cost share Airport Master Plan. Recommendation: City Staff recommends approval of the attached resolution accepting a grant application submittal to the FAA for the Airport Master Plan Update project. Robert Knabel City Administrator Attachments

103 RESOLUTION NO RESOLUTION AUTHORIZING THE SUBMISSION OF A GRANT APPLICATION FOR FEDERAL ASSISTANCE TO FUND AN UPDATE TO THE NEWTON MUNICIPAL AIRPORT MASTER PLAN WHEREAS, the existing Airport Master Plan for the Newton Municipal Airport needs to be updated; and WHEREAS, the City of Newton desires to make an application for federal assistance funding from the Federal Aviation Administration (FAA) for updating the Airport Master Plan; and WHEREAS, grants through the FAA pay for 90% of master plan project costs and the remaining 10% is paid from local contribution; and WHEREAS, the City of Newton is applying for a grant through the FAA for a Master Plan Update for the Newton Municipal Airport that would allow for a $238,000 project; and WHEREAS, the 10% City of Newton share of the Airport Master Plan Update would be $23,800 and would be paid utilizing the 2015 bond proceeds; and WHEREAS, on behalf of the City, Clapsaddle-Garber Associates, Inc. has prepared an application. NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Newton, Iowa that the City of Newton hereby endorses the application for FAA funding for said project and that the Mayor is hereby authorized to sign and submit the Application for Federal Assistance. PASSED this day of June, APPROVED this day of June, ATTEST: Craig Trotter, Mayor Pro Tem Cheryl Salyers, Deputy City Clerk

104

105

106

107

108

109

110

111

112

113

114

115

116

117

118

119

120 City of Newton Council Report Item: Resolution authorizing to enter into an agreement for professional services to update the airport master plan for the Newton Municipal Airport. Summary: Hire a consultant to update the airport master plan. Financial Impact: City cost share is $22, to be paid using the 2015 bond proceeds. Report Number: Date: June 6, 2016 Lead Department: Public Works Recommendation: Approve Background: The last Airport Master Plan for the Newton Municipal Airport was completed in 2000 and the Airport Layout Map (ALP) was updated in Updates to Airport Master Plans, which include an update to the ALP, are typically updated every 8 to 15 years. The Master Plan for the Newton Municipal Airport needs to be updated to account for changes the Federal Aviation Administration (FAA) has made regarding operational and safety standards of airports. Also an updated plan would incorporate changes at the airport including changes in the airport use since Clapsaddle-Garber Associates, Inc. (CGA) of Marshalltown has submitted an agreement to perform the Master Plan Update for $229, The CGA agreement has been reviewed by FAA and an independent cost analysis was performed to determine that the fee was reasonable. The work would include concept designs for the relocation of the fueling system and a feasibility study for the extension of the runway. The Master Plan Update is anticipated to take about one year to complete. The FAA provides grants for updating Airport Master Plans. The City of Newton is applying for a grant for funding to update the Airport Master Plan (AIP No ). The grant application is for a project with a total cost of $238,000 to cover the CGA agreement plus any miscellaneous costs. The grant would pay for 90% of eligible project costs and the City would be responsible for the remaining 10% of costs. The FAA grant, if awarded, would pay for 90% or $206, of the CGA project costs and the City of Newton contribution would be $22, The city share would be paid utilizing the 2015 bond proceeds. The approval of the CGA agreement is contingent upon receiving the FAA grant. Recommendation: City Staff recommends entering into an agreement with Clapsaddle-Garber Associates, Inc. of Marshalltown, Iowa for a Master Plan Update contingent upon the City receiving a FAA grant that would pay for 90% of the project costs. Robert L. Knabel City Administrator

121 RESOLUTION NO RESOLUTION AUTHORIZING TO ENTER INTO AN AGREEMENT FOR PROFESSIONAL SERVICES TO UPDATE THE AIRPORT MASTER PLAN FOR THE NEWTON MUNICIPAL AIRPORT WHEREAS, the existing Airport Master Plan for the Newton Municipal Airport needs to be updated; and WHEREAS, Clapsaddle-Garber Associates, Inc. of Marshalltown, Iowa has provided the City with an Engineering Services Agreement for $229, to update the Airport Master Plan; and WHEREAS, grants through the Federal Aviation Administration (FAA) pay for 90% of master plan project costs and the remaining 10% is paid from local contribution; and WHEREAS, the City of Newton is applying for a grant through the FAA for a Master Plan Update for the Newton Municipal Airport that would allow for a $238,000 project with a 10% City contribution. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Newton, Iowa, that the Mayor is hereby directed to execute the Engineering Services Agreements with Clapsaddle-Garber Associates, Inc. for professional services to update the Airport Master Plan at the Newton Municipal Airport contingent upon the City receiving a FAA grant that would pay for 90% of the project costs. The City s 10% share for the will be paid from the 2015 bond proceeds. PASSED this day of June, APPROVED this day of June, ATTEST: Craig Trotter, Mayor Pro Tem Cheryl Salyers, Deputy City Clerk

122

123

124

125

126

127

128

129

130

131

132

133

134

135

136

137

138

139

140

141

142

143

144

145

146

147

148 City of Newton Council Report Item: Resolution accepting completion of Demolition Project Summary: Acceptance of the completed work and release of retained funds for the contract to demolish houses at 118 W 10th St N, 922 E 9th St N, 1400 E 6th St S, 310 E 4th St N, 409 N 4th Ave E, and 415 N 4th Ave E. Financial Impact: $48, from the designated Housing Initiative Funds. Report Number: Date: June 6, 2016 Lead Department: Public Works Recommendation: Approve Background: Curb appeal continues to be a focus of the City as a result of the recommendations of the recently adopted comprehensive plan, Newton s Future. Abating dangerous buildings within the City is one way to further improve the aesthetics of neighborhoods. The City acquired 118 W 10th St N, 922 E 9th St N, 1400 E 6th St S, 310 E 4th St N, 409 N 4th Ave E, and 415 N 4th Ave E as properties identified as needing to be demolished. City Council passed a resolution on January 4, 2016 awarding a demolition contract to TK Concrete, Inc. of Pella, Iowa in the amount of $48, for the Demolition Project Demolition of all structures included in this contract have been completed by TK Concrete, Inc. The Public Works Director has signed the Statement of Completion Form stating that the project has been substantially completed in general compliance with the terms, conditions, and stipulations of said contract. Please refer to the attached before and after photographs. The $48, of demolition costs, are being paid from money set aside for Dangerous and Dilapidated Projects in the Housing Initiative. Recommendation: City Staff recommends accepting the completion of the Demolition Project , and authorizing the retainage amount of $2, to be paid to the contractor no sooner than 30 days after approval of this resolution, should no claims be on file. Robert Knabel City Administrator Attachment

149 Photographs 118 W 10 th St N: Before After 922 E 9 th St N: Before After 1400 E 6 th St S: Before After

150 310 E 4 th St N: Before After 409 N 4 th Ave E: Before After 415 N 4 th Ave E: Before After

151 RESOLUTION NO RESOLUTION ACCEPTING COMPLETION OF DEMOLITION PROJECT WHEREAS, the City of Newton acquired 118 W 10th St N, 922 E 9th St N, 1400 E 6th St S, 310 E 4th St N, 409 N 4th Ave E, and 415 N 4th Ave E with the intent to demolish the structures on the properties through the Dangerous and Dilapidated Program; and WHEREAS, bids were received and the City of Newton awarded a contract to TK Concrete, Inc. of Pella, Iowa in the amount of $48, on January 4, 2016 for the Demolition Project ; and WHEREAS, demolition of all six structures has been completed by TK Concrete, Inc.; and WHEREAS, the Public Works Director has signed the Statement of Completion Form stating that the project has been substantially completed in general compliance with the terms, conditions, and stipulations of said contract. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Newton, Iowa, that the City of Newton hereby accepts completion of the Demolition Project ; and authorizes the Public Works Director to execute payment of the retainer in the amount of $2, to TK Concrete, Inc. no sooner than 30 days after approval of this resolution, should no claims be on file. PASSED this day of June APPROVED this day of June ATTEST: Craig Trotter, Mayor Pro Tem Cheryl Salyers, Deputy City Clerk

152 City of Newton Council Report Item: Resolution authorizing changes to street lights on the S 2nd Ave Street Improvement Project. Summary: Providing Alliant Energy with the required City Council action to eliminate 9 street lights and add 40 LED street lights to be metered. Financial Impact: Minimal. Report Number: Date: June 6, 2016 Lead Department: Public Works Department Recommendation: Approve Background: The installation of 40 new LED street lights are proposed along S 2 nd Ave, from W 4 th St S to E 3 rd St S, as part of the soon-to-be-constructed 2016 S 2 nd Ave Street Improvements Project. There are 9 existing street lights that will no longer be needed after the new LED streetlights are installed on the S 2 nd Ave Project. These 9 existing street lights are currently billed to the City based on an estimated cost per street light. The 40 new LED street lights to be installed will be metered for more accurate power usage and billing. To make any changes to the number of street lights, Alliant Energy requires City Council to authorize any changes by resolution. Recommendation: City staff recommends approval of this resolution to make changes to the street lighting along the S 2 nd Ave Street project. Robert Knabel City Administrator Attachment

153 RESOLUTION NO RESOLUTION AUTHORIZING CHANGES TO STREET LIGHTS ON THE S 2 ND AVE STREET IMPROVEMENT PROJECT WHEREAS, the 2016 S 2 nd Ave Street Improvement Project is under contract for construction this summer; and WHEREAS, said project includes the installation of 40 new LED streetlight poles between W 4 th St S and E 3 rd St S; and WHEREAS, the new LED streetlight poles will replace 9 existing streetlights that will be no longer needed at various locations along the project; and WHEREAS, said 9 existing streetlights are currently billed to the City based on an estimated power usage; and WHEREAS, upon final installation said new LED lights will be metered for more accurate power usage and billing; and WHEREAS, Alliant Energy requires City Council action to add or remove streetlights to the list of City-wide street lights that the City is billed for on a monthly basis; and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Newton, Iowa, that the City of Newton hereby approves the removal of said 9 street lights at various locations along S 2 nd Ave, between W 4 th St S and E 3 rd St S. BE IT FURTHER RESOLVED by the City Council of the City of Newton, Iowa, that said 40 LED street lights shall be metered upon final installation. BE IT FURTHER RESOLVED by the City Council of the City of Newton, Iowa, that the Public Works Director is authorized to coordinate with Alliant Energy for the removal of 9 existing streetlights and for the installation of 40 new LED street lights to be metered. PASSED this day of June APPROVED this day of June ATTEST: Craig Trotter, Mayor Pro Tem Cheryl Salyers, Deputy City Clerk

154 City of Newton Council Report Item: Resolution authorizing the purchase of 9 (nine) traffic signal battery backup units. Summary: Purchase traffic signal battery backup units to improve public safety. Financial Impact: $33, paid by state Traffic Safety Funds. Report Number: Date: June 6, 2016 Lead Department: Public Department Recommendation: Approve Background: The City of Newton was approved funding through the Iowa Department of Transportation (DOT) Traffic Safety Improvement Program (TSIP). Iowa DOT Agreement No TS- 028 was approved by City Council on June 1, 2015 and allows the City to utilize up to $45,000 to install battery backup units for 9 traffic signals. Having backup power for traffic signals enables the signals to continuously operate during times of power outages, thereby reducing traffic congestion and improving the safety of these intersections. Staff prepared bid specifications for the purchase of the battery backup units. Bids for nine (9) battery backup units were sought and the following bids were received: Company Bid Amount Mobotrex, Inc., Davenport, Iowa $33, Traffic and Transportation, Port Byron, Ill $42, Traffic Control Corp., Ankeny, Iowa $31,950.00* *Traffic Control Corporation did not meet the stated specifications. Staff sent the bid tabulation to the Iowa DOT and they have concurred that Mobotrex, Inc. of Davenport is the lowest responsive and responsible bidder. The purchase of the units will be paid utilizing $45,000 of state traffic safety funds. City Staff will install the battery backup units. Recommendation: City Staff recommends approval of the attached resolution to enter into a contract with the Mobotrex, Inc. of Davenport, Iowa to purchase the nine battery backup units. Robert Knabel City Administrator Attachments