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

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1 Agenda: Newton City Council Regular Meeting City Hall Council Chambers August 17, 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. Presentation 3. First Avenue Housing Project Amanda Price, Newton Housing Development Corporation Executive Director Consent Agenda 4. August 3, 2015 Regular City Council Meeting Minutes 5. July 27, 2015 Crime Free Workshop Minutes 6. Resolution levying assessments for costs of nuisance abatement and providing for the payment thereof (Schedule 15-9). (Council Report ) 7. Resolution fixing the amounts to be assessed against individual private property for the abatement of nuisance violations (15-10). (Council Report ) 8. Resolution authorizing equipment transfers and expenditure adjustments for fiscal year (Council Report ) 9. Approval of Bills Ordinances 10. First Consideration of an Ordinance amending the City of Newton, Iowa Code of Ordinances, Title 3 (Environment And Health), Chapter 21 (Minimum Housing Code), to add a Crime Free Multi-Housing Program. (Council Report ) The Newton Crime Free Multi-Housing program is designed to build a partnership between the City of Newton and owners/managers of rental properties to reduce criminal activity. The program also incorporates compliance and enforcement of Fire, Building and Nuisance Codes to ensure the overall safety and well-being of tenants. The program utilizes three key elements to reduce crime and improve safety in rental properties: Phase I Management Training, Phase II Crime Prevention through Environmental Design Survey, Phase III Community Awareness and Engagement. Staff recommends City Council approval of the Ordinance establishing a Crime Free Multi-Housing Program. Resolutions 11. Resolution authorizing reimbursement to the Newton Community School District in the amount $14, for right-of-way charges. (Council Report )

2 At its July 20th meeting, the City Council approved right-of-way charges in the amount of $14, to Unite Private Networks for the installation of fiber optic lines connecting City schools with their Administration facility. City Staff recommends adoption of the Resolution reimbursing the Newton Community School District in the amount $14, for rightof-way charges that were passed on to them. 12. Resolution accepting title to property located at 118 West 10th Street North in Newton, Jasper County, Iowa. (Council Report ) The State of Iowa Code 657A allows cities to petition for ownership of abandoned buildings. Court action on July 31st was favorable to the City in gaining ownership of the above property. Staff recommends approval of the resolution accepting title with a financial Impact of $0.00 for acquisition and approximately $2,450 in court costs and legal fees. 13. Resolution approving the purchase of 1400 E 6 th St S, Newton for the D&D Program. (Council Report ) Through the D&D Program, the City has acquired several structures on East 6th Street South. The owner of the dilapidated home at 1400 E 6th Street S has passed away. Staff has negotiated a price with the estate consistent with legal costs for a 657A.10A case. Staff recommends approval of the resolution to purchase the property for $4, Resolution for awarding the bid and for purchase of ¾ ton pickup and equipment to replace 1996 Chevy Suburban. (Council Report ) The 2015 Bond issue Included the replacement of the 1996 Chevrolet Suburban with a ¾ ton pickup that will serve as the Fire Marshal s vehicle and a utility vehicle that will be used to pull Fire Department trailers, and to haul other equipment when necessary, such as dirty equipment from fire scenes. Staff recommends approval of the Resolution accepting the bids and authorizing the Fire Department to purchase ¾ Ton Chevrolet pickup from Noble Auto group and other equipment for $39, Discussions 15. Action Plan Tracking Program Natalie Umsted, Management Analysis New Business 17. Old Business 18. Adjourn 16. Nuisance Rules Erin Chambers, Director of Planning & Zoning 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.

3 REGULAR CITY COUNCIL MEETING MINUTES AUGUST 03, 2015, 6:00 P.M. CITY COUNCIL CHAMBERS The City Council of Newton, Iowa met in regular session at 6:00 P.M. on the above date in the Council Chambers at 101 West 4 th Street South. Mayor Pro Tem Price presided. Present Council Members: Price, George, Chapé, Trotter, Mullan. Absent: Otto Mayor Pro Tem Price asked everyone present to join in saying the Pledge of Allegiance. There was no citizen participation. Erin Chambers, Director of Planning & Zoning, updated Council on the Downtown Planning status. Public Meetings were held on the preliminary design. The guidelines were to provide the framework to honor the historic contexts within the downtown district. The City is also entering into some local grants for private property rehabilitation. Proposed maps and photographs were presented to Council. There will be at least one more meeting to review the concept design. Moved by Chapé, seconded by Trotter, to approve consent agenda items July 20, 2015 Regular City Council Meeting Minutes 5. July 13, 2015 Crime Free Workshop Minutes 6. Approve Class C Beer Permit & Sunday Sales Liquor License for Hy-Vee Gas, st Ave E; Class B Wine Permit, Class C Beer Permit & Sunday Sales Liquor License for Kum & Go #47, 1708 S 8th Ave E; Class C Beer Permit & Sunday Sales Liquor License for Petro Stop, 404 S 11th Ave W; Class C Beer & Sunday Sales Liquor License for Casey s General Store #1911, st Ave E; Class B Beer (includes Wine Coolers) & Sunday Sales, Panda Garden, 106 1st St N, pending completion of dram coverage and staff approval. 7. Approve List Of Eligible Candidates For Police Chief Position 8. Resolution levying assessments for costs of nuisance abatement and providing for the payment thereof (Schedule 15-8). Resolution No adopted. 9. Resolution fixing the amounts to be assessed against individual private property for the abatement of nuisance violations (15-9). Resolution No adopted. 10. Resolution accepting completion of the 2014 Southeast Pump Station Improvements. Resolution No adopted. 11. 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 Westwood Golf Course 9-Hole Automatic Irrigation Improvement Project. Resolution No adopted. 12. Resolution approving Telecommunications Licensing Agreement with Windstream Iowa Communications, Inc. Resolution No adopted. 13. Approval of Bills AYES: Five. NAYS: None. Consent agenda items approved. Mayor Pro Tem Price stated this was the time and the place for a public hearing on a Resolution accepting purchase proposal for property at 615 South 4th Avenue East in Newton. There had been no written comments. Chambers, informed Council that Jim Skoken has made an offer to purchase the property for $1500. He is a high quality builder and proposes to build a square foot house with a two car attached garage. Moved by Mullan, seconded by George, to close the public hearing. AYES: Five. NAYS: None. Public Hearing was closed. Moved by Chape, seconded by Trotter, to approve the Resolution. AYES: Five. NAYS: None. Resolution No adopted. Moved by Chapé, seconded by Mullan to approve the third consideration on an ordinance amending the City of Newton Code of Ordinances, Title 2, Chapter 13, Article 2, Outside Parking and Storing of Trailers, Watercraft, and Motorhomes. AYES: Five. NAYS: None. The third consideration of the above ordinance was approved. Moved by Trotter, seconded by Mullan to adopt the ordinance. AYES: Five. NAYS: None. Ordinance 2251 was adopted. Moved by George, seconded by Trotter to approve the third consideration on an ordinance amending The Code Of Ordinances, City of Newton, Iowa, 2011, Title 2, Chapter 11, Article 8, Other Traffic Offenses Stops by adding stop signs at various intersections. AYES: Five. NAYS: None. The third consideration of the above ordinance was approved. Moved by Chapé, seconded by Mullan to adopt the ordinance. AYES: Five. NAYS: None. Ordinance 2252 was adopted.

4 Moved by Trotter, seconded by Mullan to approve the third consideration on an ordinance amending the Code Of Ordinances, City Of Newton, Iowa, 2011, Title 2, Chapter 11, Article 9, Other Traffic Offenses Special Yields by adding a yield sign at the intersection of south eleventh avenue east and east thirteenth south. AYES: Five. NAYS: None. The third consideration of the above ordinance was approved. Moved by Chapé, seconded by George to adopt the ordinance. AYES: Five. NAYS: None. Ordinance 2253 was adopted. Moved by George, seconded by Mullan to approve the third consideration on an ordinance amending the Code of Ordinances, City of Newton, Iowa, 2011, Title 2, Chapter 11, Article 10, Parking Offenses, Section to restrict parking on a portion of the 600 block South Ninth Avenue West and the 300 block of 1st Street South. AYES: Five. NAYS: None. The third consideration of the above ordinance was approved. Moved by Mullan, seconded by Trotter to adopt the ordinance. AYES: Five. NAYS: None. Ordinance 2254 was adopted. Moved by George, seconded by Trotter to approve the third consideration on an ordinance amending the code of ordinances, City of Newton, Iowa, 2011, Title 3, Chapter 24, Article 11, Transported Waste by amending waste hauler licensing. AYES: Five. NAYS: None. The third consideration of the above ordinance was approved. Moved by Chapé, seconded by Mullan to adopt the ordinance. AYES: Five. NAYS: None. Ordinance 2255 was adopted. Moved by George, seconded by Trotter to Introduce a Resolution Approving the purchase and installation of a bullet resistant window and walk-in access door for the front lobby of the Police Department. Acting Chief Breckenridge indicated that the project would be funded through seized and forfeited funds. AYES: Five. NAYS: None. Resolution No adopted. Moved by George, seconded by Chapé to Introduce a Resolution accepting title to property located at 603 East 4th Street North in Newton, Jasper County, Iowa. AYES: Five. NAYS: None. Resolution No adopted. Moved by Trotter, seconded by Mullan to Introduce a Resolution accepting title to property located at 315 East 12th Street South in Newton, Jasper County, Iowa. AYES: Five. NAYS: None. Resolution No adopted. Moved by George, seconded by Trotter to Introduce a Resolution approving the purchase of 415 North 4th Avenue East, Newton for the D&D Program. Chambers and Mel Duncan, Building Inspector, spoke on the proposed design plans provided by Jack Topp. Staff has been in contact with builders regarding the concept. This is the last piece in acquiring the property for the target housing development project. The plan fits in with the strategic purpose of providing quality housing. AYES: Five. NAYS: None. Resolution No adopted. There was no new business. During old business Chapé asked for an update on the 1 st Avenue Housing Project. NHDC will present information during the next council meeting. Moved by Chapé, seconded by Trotter, to adjourn the meeting at 6:42 P.M. unanimously carried by voice vote. Motion Michael L. Hansen, Mayor Katrina Davis CMC, City Clerk

5 CITY COUNCIL CRIME FREE WORKSHOP MINUTES JULY 27, 2015, 7:00 P.M. CITY COUNCIL CHAMBERS The City Council of Newton, Iowa met in special session at 7:00 P.M. on the above date in the Council Chambers at 101 West 4 th Street South. Mayor Hansen presided. Present Council Members: George, Trotter, Mullan. Absent: Price, Chapé, Otto. A quorum was not present and no council actions taken. Additional staff participating on the panel included Lieutenant Rob Burdess, Acting Police Chief Wes Breckenridge, and Fire Chief Jarrod Wellik. Mayor Hansen asked everyone present to join in saying the Pledge of Allegiance. Robert Knabel presented a PowerPoint reviewing the discussions from the July 13, 2015 Crime Free Multi-Housing Workshop. Knabel indicated that staff believes there are a variety of ways to solve problems. The recommendations provided reflect the concerns heard from the stakeholders. Representatives speaking for the managers and owners included Jerry Wiley, Denver Frances, Rich Deheer, South Town; John Beck, Krupp; Alison Needham, Newbury; Myron Rhone, Fred Rhodes; and Joyce Prendergast. Kathleen Plumb a Newton tenant spoke regarding the fees. Many positive thoughts and ideas were exchanged. Staff will prepare an ordinance to be presented at the Council Meeting on August 20 th, Moved by Mullan, seconded by George, to adjourn the meeting at 8:11 P.M. Motion unanimously carried by voice vote. Michael L. Hansen, Mayor Katrina Davis CMC, City Clerk

6 City of Newton Council Report Item: Resolution levying assessments for costs of nuisance abatement and providing for the payment thereof (Schedule 15-9) Summary: The approval of this Resolution sets the amounts and directs the Clerk to file the Schedule of Assessment No with the Jasper County Treasurer for the City reimbursement of assessment costs. Financial Impact: Cost recovery $3, Report Number: Date: August 17, 2015 Lead Department: Planning & Zoning Department Recommendation: Approve Background: At the last meeting, the City Council approved a Schedule of Assessment for the Expenses of Nuisance Abatement. The total amount for cost recovery is $3, The attached schedule lists owner, parcel number, address, amount to be assessed, date work was completed, property legal description, and property valuation. With the approval of this Resolution, the costs expended by the City for the abatement of nuisances will be placed on the taxes as a special assessment for each property. Recommendation: Staff recommends approval of the Resolution levying assessments for costs of nuisance abatement and providing for the payment thereof (Schedule 15-9). Robert Knabel City Administrator Attachments

7 RESOLUTION NO RESOLUTION LEVYING ASSESSMENTS FOR COSTS OF NUISANCE ABATEMENT AND PROVIDING FOR THE PAYMENT THEREOF (15-9) WHEREAS, pursuant to its powers and duties as set out in Chapter 364, Code of Iowa, the City of Newton, after the property owner s failure upon being given notice and opportunity to cure, has performed the required action to abate the public nuisance and now seeks, as provided in , Code of Iowa, to assess the costs of such action against each of the properties set out on the attached Schedule No for collection in the same manner as the property tax. NOW, THEREFORE, BE IT RESOLVED That the attached Schedule No. 15-9, is hereby approved and adopted with the amounts shown thereon assessed and levied against each property for the collection in the same manner as a property tax. BE IT FURTHER RESOLVED: That said assessments shall be payable in 1 annual installment and shall bear interest at the rate of 3.88 percent per annum, from the date of the acceptance of this assessment schedule; the one installment of each assessment with interest on the whole assessment from date of acceptance of this schedule by the Council shall become due and payable on September 17, 2015, and shall be paid at the same time and in the same manner as the September semiannual payment of ordinary taxes. Said assessment shall be payable at the office of the County Treasurer of Jasper County, Iowa, in full and without interest within thirty days after first date of publication of the Notice to Property Owners of filing the schedule of assessments. BE IT FURTHER RESOLVED, that the Clerk be and is hereby directed to certify said schedule to the County Treasurer of Jasper County, Iowa and to publish notice of said certification once each week for two consecutive weeks in the Newton Daily News, a newspaper printed wholly in the English language, published in Newton, Iowa, and of general circulation in Newton, Iowa, the first publication of said notice to be made within fifteen days from the date of the filing of said schedule with the County Treasurer, the City shall send by regular mail to all property owners whose property is subject to assessment a copy of said notice, said mailing to be on or before the date of the second publication of the notice all as provided and directed by Code Section , Code of Iowa. PASSED this day of August, APPROVED this day of August, ATTEST: Michael L. Hansen, Mayor Katrina Davis, City Clerk

8 Schedule (No. 15-9): 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 Nicholas Rink E. 4th St. S. Newton $90,650 $50.00 $50.00 $ ORIGINAL PLAT S 60' LOTS 1-2 BLK 24 & N 1/2 ALY S June 19, 2015 Nicholas Rink E. 4th St. S. Newton $90,650 $ $50.00 $ ORIGINAL PLAT S 60' LOTS 1-2 BLK 24 & N 1/2 ALY S June 1, 2015 Federal National Mortgage Association E. 12th St. N. Newton $57,420 $50.00 $50.00 $ MEEK'S SD LOT 5 June 23, 2015 Jeremy Dittmer S. 8th Ave. E. Newton $75,390 $ $50.00 $ COMMUNITY HEIGHTS LOT 40 BLK C June 25, 2015 Charles Fox N. 2nd Ave. E. Newton $41,520 $ $50.00 $ S HARTZEL'S ADD LOT 1 BLK 3 June 29, 2015 Secretary of Veterans Affairs S. 4th Ave. E. Newton $57,070 $ $50.00 $ SOUTH EAST ADD LOT 9 BLK C June 26, 2015 Herbert McSparen E. 4th St. S. Newton $45,990 $75.00 $50.00 $ LEONARD'S ADD W 1/2 LOT 8 BLK 5 June 19, 2015 Kimberly Spearing E. 9th St. N. Newton $52,510 $ $50.00 $ EDMUNDSON'S ADD LOT 9 BLK 17 June 25, 2015 Melonie Wyss E. 7th St. S. Newton $65,890 $50.00 $50.00 $ HARLAN'S SD S 60' LOT 7 BLK 4 June 18, 2015 Rona Skow E. 16th St. N. Newton $86,420 $75.00 $50.00 $ GREENWAY LOT 6 June 30, 2015 First National Bank of America N. 8th Ave. E. Newton $61,530 $ $50.00 $ EDMUNDSON'S ADD LOT 7 BLK 17 June 26, 2015 Jason & Wendy Cupples W. 3rd St. N. Newton $18,230 $75.00 $50.00 $ SANDERSON'S SD LOT 8 June 26, 2015 Jason & Wendy Cupples W. 3rd St. N. Newton $18,230 $ $50.00 $ SANDERSON'S SD LOT 8 July 1, 2015 Kendall Morgan st Ave. E. Newton $36,980 $56.00 $50.00 $ ENGLE'S SD LOT 18 June 29, 2015 Half Moon Holdings LC A 1st Ave. E. Newton $49,720 $ $50.00 $ MEEK'S SD LOT 8 EX S 85' OF W 131.5' & EX N 60' O June 23, 2015 Astrid Brown E. 6th St. S. Newton $18,590 $ $50.00 $ LISTER'S ACRES LOT 14 June 27, 2015 John Plowman E. 6th St. S. Newton $40,030 $75.00 $50.00 $ LISTER'S ACRES LOT 22 June 27, 2015 Donald & Phylis Beck S. 8th Ave. E. Newton $36,810 $ $50.00 $ AURORA HEIGHTS SD LOT 10 BLK N June 22, 2015 $3,737.14

9 City of Newton Council Report Item: Resolution Fixing the Amounts to be assessed against individual private property for the abatement of nuisance violations (Schedule 15-10) Summary: The City of Newton abated some nuisances, such as tall grass/weeds. These costs remain unpaid by the property owners and should be assessed to the property taxes. Financial Impact: Cost Recovery: $2, Report Number: Date: August 17, 2015 Lead Department: Planning & Zoning Department Recommendation: Approve Background: The City continues to work towards better curb appeal and improved aesthetics within the community. The City abated violations that remain non-compliant after the initial warning period. The attached schedule lists owner, parcel number, address, amount to be assessed, date work was completed, property legal description, and property valuation. Recommendation: City Staff recommends approval of the Resolution fixing the amounts to be assessed against individual private property for the abatement of nuisance violations. Robert Knabel City Administrator Attachments

10 RESOLUTION NO RESOLUTION FIXING THE AMOUNTS TO BE ASSESSED AGAINST INDIVIDUAL PRIVATE PROPERTY FOR THE ABATEMENT OF NUISANCE VIOLATIONS (15-10) WHEREAS, the City of Newton has abated nuisance violations at the addresses as found in Schedule (No ): Assessment for the Expenses for Nuisance Abatement; and WHEREAS, the City of Newton has maintained a report of the abatement costs for each individual property as found in Schedule (No ): Assessment for the Expenses for Nuisance Abatement; and WHEREAS, the expenses have been billed to the property owners and remain unpaid; NOW THEREFORE, BE IT RESOLVED by the City Council of Newton, Iowa, that the Schedule (No ): Assessment for the Expenses for Nuisance Abatement is approved. NOW THEREFORE, BE IT FURTHER RESOLVED by the City Council of Newton, Iowa, that the City Clerk is hereby directed to prepare, sign, and file in the clerk s office the Schedule (No ): Assessment for the Expenses for Nuisance Abatement. PASSED this day of August, APPROVED this day of August, ATTEST: Michael L. Hansen, Mayor Katrina Davis, City Clerk

11 Schedule (No ): Assessment for the Expenses for Nuisance Abatement Deed/Contract Holder Parcel Number Address City Net Assessed Property Value Abatement Fee Administrative Fee Total Amount Assessed Legal Date Abated Carol Hedges W. 10th St. N. Newton $29,790 $75.00 $50.00 $ EXLINE'S ADD N 22' LOT 7 & S 22' LOT 8 BLK 3 July 13, 2015 Nicholas & Samantha Rink E. 4th St. S. Newton $90,650 $ $50.00 $ ORIGINAL PLAT S 60' LOTS 1-2 BLK 24 & N 1/2 ALY S July 15, 2015 Charles Carr E. 9th St. N. Newton $87,050 $ $50.00 $ EAST NEWTON W 1/2 LOTS 9-10 BLK 1 & ALLEY N O July 16, 2015 Laure Jackson S. 2nd Ave. W. Newton $47,730 $ $50.00 $ ORIGINAL PLAT S 1/2 LOT 8 BLK 18 July 15, 2015 Marie Bookout W. 5th St. S. Newton $41,250 $50.00 $50.00 $ WEST NEWTON E 1/2 OF N 1/2 LOT 76 July 10, 2015 Mary Babinat E. 8th St. S. Newton $84,090 $ $50.00 $ EASTSIDE SD W 111' 10" LOT 2 July 3, 2015 Ivan Lester E. 11th St. N. Newton $59,320 $50.00 $50.00 $ EAST HIGHLANDS LOT 11 & N 1/2 LOT 10 BLK 1 July 9, 2015 Mary Babinat E. 8th St. S. Newton $56,610 $ $50.00 $ SOUTH EAST ADD S 45' LOT 1 BLK 1 July 3, 2015 Ken Johnson E. 8th St. S. Newton $11,820 $ $50.00 $ SOUTH EAST ADD N 66' LOT 8 & IRR TR 9.92' ON N July 3, 2015 Ken Johnson E. 8th St. S. Newton $30,580 $50.00 $50.00 $ SOUTH EAST ADD S 49.61' OF N 94' LOT 8 BLK 1 July 3, 2015 Ken Johnson E. 8th St. S. Newton $64,870 $50.00 $50.00 $ SOUTH EAST ADD S 38' LOT 8 BLK 1 July 3, 2015 Herbert Mc Sparen E. 4th St. S. Newton $45,990 $50.00 $50.00 $ LEONARD'S ADD W 1/2 LOT 8 BLK 5 July 14, 2015 Melonie Wyss E. 7th St. S. Newton $65,890 $50.00 $50.00 $ HARLAN'S SD S 60' LOT 7 BLK 4 July 14, 2015 First National Bank of America N. 8th Ave. E. Newton $61,530 $50.00 $50.00 $ EDMUNDSON'S ADD LOT 7 BLK 17 July 15, 2015 Connie & Estelle Cupples E. 9th St. N. Newton $11,670 $ $50.00 $ EDMUNDSON'S ADD LOT 5 BLK 4 July 13, 2015 Cassandra Icenbice W. 6th St. S. Newton $132,140 $50.00 $50.00 $ ELM PARK PLACE PLAT NO. 2 LOT 60 July 2, 2015 $2,047.81

12 City of Newton Council Report Item: Resolution Authorizing Equipment Transfers and Expenditure Adjustments for Fiscal Year Summary: Public Works Divisions share equipment, and this action transfers funds to match the actual usage in the past fiscal year. It also makes adjustments related to the financial software conversion. Financial Impact: No new impact; certifies past actions. Report Number: Date: August 17, 2015 Lead Department: Finance and Development Recommendation: Approval Background: The Public Works Department has increased the sharing of resources between its various divisions. Due to the different funding streams for the divisions, including fee-based Enterprise Funds, this sharing of resources is carefully tracked. At the end of each fiscal year, the actual usage of equipment is then reconciled and allocated to the appropriate division and funding source. Council action is required in order to make these inter-division transfers official. The attached Resolution authorizes equipment transfers between the Streets, Parks and Grounds, Landfill, and Water Pollution Control divisions of the Public Works Department in Fiscal Year This adjustment Resolution also authorizes expenses that were unaccounted for in the conversion to a new financial software system. The new software was implemented in June Over the course of this year, the Finance Division has worked with the software vendor, Civic Systems, to ensure the software is correctly tracking all payroll and associated payable accounts. Adjusting entries were made monthly to clear all payable accounts and resulted in a total of $ of expenses being charged to Accounting & Auditing Expenses in the Finance Department. Since March 2015, no adjusting entries have been needed as all payable accounts are clearing during the payroll process and the system is working properly. Recommendation: Staff recommends approval of the Resolution. Robert L. Knabel City Administrator Attachment

13 RESOLUTION NO RESOLUTION AUTHORIZING EQUIPMENT TRANSFERS AND EXPENDITURE ADJUSTMENTS FOR FISCAL YEAR WHEREAS, at the close of a City Fiscal Year, adjustments are made to reflect the actual operation of funds during the course of the year, including accounting for sharing of resources between separate funds; and WHEREAS the City of Newton Public Works Department shares equipment and staffing between its different divisions to promote efficiency; and WHEREAS, the shared equipment and staffing usage is carefully tracked due to the different funding streams for the divisions; and WHEREAS, to accurately reflect actual equipment and staffing usage during the Fiscal Year, funding transfers between Public Works Divisions are needed, as follows: Net Labor Sharing: Street worked hours for Park Street worked 40 hours for Golf Street worked 200 hours for Landfill Street worked hours for Community Development (nuisances) Street worked hours for WPC Street worked 275 for City Hall Street worked 4 for Library Street worked 31.5 for SSMID Board Street worked 252 for Airport Street worked 2 for Police Landfill worked 32 hours for Parks Water Pollution Control (WPC) worked 81 hours for Landfill Labor shall be charged at the equipment operator rate of $24.75/hour plus labor overhead Street and Park Equipment Sharing: Qty Equipment Hours Cost/hour * Subtotal 1 Backhoe 127 $ $ 4, Dump truck 90.5 $ $ 5, Bucket truck / pickup 11 $ $ Transfer from Park to Street budget $ 10, Street and Golf Equipment Sharing: Qty Equipment Hours Cost/hour * Subtotal 1 Backhoe 13 $ $ Dump truck 26 $ $ 1, Transfer from Golf to Street budget $ 1,982.50

14 Street and Landfill Equipment Sharing: Qty Equipment Hours Cost/hour * Subtotal Street Equipment Used at Landfill: 1 Dump trucks 5 $ $ Loader / Backhoe 11 $ $ Transfer from Landfill to Street budget $ Street and WPC Equipment Sharing: Qty Equipment Hours Cost/hour * Subtotal 1 Backhoe 4 $ $ Bucket truck / pickup 5 $ $ Transfer from WPC to Street budget $ * Equipment rates are based on standard Iowa DOT rates for FY 2015 WHEREAS, it is necessary for the Council to authorize the above listed transfers to make them official in the City s financial records; and WHEREAS, the City also made adjustments to clear monthly payable accounts from July 2014 to March 2015, as a by-product of conversion to a new financial tracking software; and WHEREAS, it is necessary for the Council to authorize the total new software tracking adjustment of $ in order to make it official in the City s financial records. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Newton, Iowa authorizes the above listed transfers between Public Works Department Divisions, effective June 30, 2015; and BE IT FURTHER RESOLVED that the software conversion adjustment expense of $ is authorized to be charged to the Finance Division s Accounting and Auditing Expenses account, effective June 30, PASSED this day of August APPROVED this day of August ATTEST: Michael L. Hansen, Mayor Katrina Davis, City Clerk

15 City of Newton Disbursements August 18, 2015 Vendor Department Description Amount Acushnet Company Golf Merchandise $ Aladtec Inc Fire Subscription $ 1, Alliant Energy All Utility $ 30, American Fence Company Snow Removal Supplies $ 1, Armstrong, Craig Economic Development Reimbursement $ Arrow Pest Control LLC Water Pollution Control Service $ Atlantic Bottling Maytag Pool Concessions $ Baxter Ambulance Service Fire Reimbursement $ Bituminmous Materials & Supply Street Supplies $ 1, Black Hills Energy All Utility $ BlueTarp Financial Inc Water Pollution Control Supplies $ Bolton & Menk Inc N Central TIF/East Mart TIF Service $ 15, Brick Gentry P.C. Legal Services Service $ 5, Bridgestone Golf Inc Golf Merchandise $ Brown Traffic Products Traffic Control Supplies $ Capital Sanitary Supply Maytag Pool Supplies $ Card Services All Supplies/Training $ 3, Carl Zeiss Vision Inc Administration Supplies $ Carpenter Uniform Fire/Police Clothing $ Chamber of Commerce Administration Service $ Clapsaddle-Garber Assoc Airport Service $ 9, Colonial Research Water Pollution Control Supplies $ CompToday Fire Disability $ Computer Resource Specialists Administration Service $ 1, Cummins, Nick Golf Reimbursement $ D & K Products Golf Supplies $ 2, D&W Tree Service Building Service $ 2, Davis Equipment Corp Golf Supplies $ DC Sports Fire Clothing $ 1, DePenning & Associates Parks Service $ Diamond Products Co Traffic Control Supplies $ Dueling Musicians, LLC Parks Service $ 2, Electrical Eng & Equipment Water Pollution Control Supplies $ Emergency Services Marketing Fire Subscription $ EMPI Police Disability $ EMS Insider Fire Subscription $ Erik Christiansen Design Group Ltd Golf Service $ 16, Fareway Fire Supplies $ Farner Bocken Co Golf Concessions $ 2, Fehlman, Jon Executive Reimbursement $ Fire Dept Training Net Fire Subscription $ Forbes Office Solutions All Supplies $ 1, Foth Infrastructure & Environment Water Pollution Control Service $ 2, Four Points Golf Cars Golf Service $ G&K Services All Service $ Gall's Inc Fire Clothing $ Gary Ryther Garage Doors PW Building Service $ 75.00

16 Gralnek-Dunitz Water Pollution Control Service $ Grinnell Safe & Lock Water Pollution Control Supplies $ Gulling, Jennifer Landfill Reimbursement $ Hammer Medical Supply Fire Supplies $ Harsselaar, Tyler Fire Merchandise $ Hawkeye Exterminators Water Pollution Control Service $ Heck's Dozer Inc Airport Service $ 46, Heisdorffer, Rex Fire Training $ HLW Engineering Group Landfill Service $ Holiday Manor Executive Service $ Hotsy Cleaning Systems Landfill Supplies $ Howe Excavating Housing Demolitions Service $ Hy-Vee Inc Executive Supplies $ ICMA Executive Membership $ 1, IMWCA All Insurance $ 37, Interstate Battery - Ames Fire Supplies $ Iowa Dept of Natural Resources Water Pollution Control Certification $ 1, Iowa Fire Equipment PW Building Supplies $ Iowa Heart Center Fire Disability $ Iowa Law Enforcement Academy Police Training $ 1, Iowa Portable Toilet Service Parks Service $ Iowa Prison Industries Traffic Control Supplies $ Iowa Pump Works Landfill Service $ 1, Jacobs Electric Motor Street Supplies $ Jasper County Engineer Street Supplies $ 27, Jasper County Sheriff Fire Service $ JETCO Inc Water Pollution Control Service $ 9, Johnson Aviation Airport Reimbursement $ JP Gasway Company Inc All Supplies $ 1, KCOB Radio Station Planning & Zoning Service $ Kellogg Lawn & Snow Parks Supplies $ Key Cooperative All Fuel $ 10, Keystone Labs Landfill Service $ Kinetic Edge Physical Therapy Police Service $ L E Lundin Parks Service $ 2, Lawson Products Inc City Garage Supplies $ Logan Contractors Supply Street Supplies $ Lyman, Rick Housing Demolitions Service $ Magnum Automotive Parks Service $ Mahaska Bottling Co Golf Concessions $ 1, Manatts - Brooklyn Street Capital Project $ 961, Manatts - D.M. Street Supplies $ 9, Marsden Bldg Maintenance City Center Service $ 2, Maxim Advertising Administration Supplies $ McMaster-Carr Water Pollution Control Supplies $ McNeer, James Building Refund $ Midland Scientific Water Pollution Control Supplies $ MTI Distributing Inc Golf Supplies $ Murphy Tractor & Equipment Street Supplies $

17 NAPA Auto Parts City Garage Supplies $ National Band & Tag Police Supplies $ News Printing Company All Publications $ 4, Newton Correctional Facility Street Service $ Newton Municipal Band Parks Service $ 1, Noble Ford of Newton Inc Fire Service $ Office Depot Parks Supplies $ O'Reilly Auto Parts Golf Supplies $ Pavement Stencil Company Traffic Control Supplies $ Per Mar Security Services Police Service $ 1, Performance Sign & Design Fire Service $ PING Golf Merchandise $ POS Paper Police Supplies $ Prairie Ag Supply Street Supplies $ Premier Office Equipment Administration Supplies $ Quick Lane Tire & Auto Fire/Police Service $ Quill Corporation Police Supplies $ Randy's Lawn Care City Center/Housing Demolitions/SSMID Service $ 2, Register-Media Planning & Zoning Service $ 2, Rozendaal, Brad Parks Service $ 2, Safe Building Building Service $ Sandry Fire Supply LLC Fire Service $ Scott Van Keppel Landfill Equipment $ 450, Secretary of State Planning & Zoning Service $ Smith Quality Rental Street Supplies $ 1, Southwestern Sales Company Landfill Supplies $ 42, Spahn & Rose Lumber Co All Supplies $ SupplyWorks Public Works Administration Supplies $ Taylor Made Golf Golf Merchandise $ Theisen's All Supplies $ Tish, Earl Fire Refund $ Town & Country Services Airport Service $ Tree Pro City Center Service $ True Value Hardware All Supplies $ Two Rivers Cooperative All Fuel $ 7, Ultramax Ammunition Police Supplies $ 1, Umsted, Natalie Executive Reimbursement $ United States Cellular All Service $ Unity Point Health-Des Moines Fire Training $ Utility Equipment Co Water Pollution Control Supplies $ Van Maanen Electric Inc Fire Service $ Ver Meer, Paul Executive Reimbursement $ Warnick & Reeves Mechanical City Center/Airport Service $ 1, Water Department All Utility $ 11, Watts Family Monuments Inc Cemetery Service $ 1, Windstream All Utility $ 3, Young Professionals of Jasper County Home Town Rewards Service $ Zep Mfg Co Water Pollution Control Supplies $ TOTALS: $ 1,775,624.41

18 Pre Authorized Payments: Black Hills Energy All Utility $ Alliant Energy All Utility $ 29, Beaderstadt, Matthew Water Pollution Control I&I Reimbursement $ 3, Slycord, Barbara Water Pollution Control I&I Reimbursement $ 3, Doll Distributing Golf Concessions $ Water Department Library Utility $ ACH Payments from Great Southern Bank: State of Iowa Golf/Park/Landfill/Water Pollution Control Sales Tax $ 3, Wellmark BC/BS All Insurance $ 152, Delta Dental All Insurance $ 10, Bank Iowa All Insurance $ 10, Lincoln National Life All Insurance $ 3, Advantage Administrators All Insurance $ Payroll All Payroll $ 410, Payroll All Payroll $ 391, Great Southern Bank Park/Golf Credit Card Fees $

19 City of Newton Council Report Item: Ordinance amending the City of Newton, Iowa Code of Ordinances, Title 3 (Environment And Health), Chapter 21 (Minimum Housing Code), to add a Crime Free Multi-Housing Program Summary: Requires mandatory participation in the Crime Free Multi-Housing Program for all residential rental property owners and managers with 4 units or more. Financial Impact: There will be an increase of approximately $14,000 in the General Fund to cover program costs. Report Number: Date: August 17, 2015 Lead Department: Police Recommendation: Approval of Ordinance Background: In January of 2015 City Council and Staff identified and established a Strategic Action Plan providing guidance to City Departments for the development of programs aimed at providing a safe environment for our citizens to live. The Strategic Action Plan called for the reduction in crime in multi-unit housing complexes and to improve the quality of Newton s rental housing through the development and implementation of a Crime Free Multi-Housing Program. In June Staff introduced an Ordinance implementing the Crime Free Program which was approved on the 1 st and 2 nd Readings. In July the City Council conducted two workshops to better define the program and to hear inputs from landlords about how it might best fit the City of Newton. Because of substantive changes made to the Ordinance, City Attorney Matt Brick recommends that the Ordinance be reconsidered for three readings. In addition to the following description, the Crime Free Multi-Housing Program is detailed in the attached Program Overview. Crime Free Multi Housing Program: The Newton Crime Free Multi-Housing program is designed to build a partnership between the City of Newton and owners/managers of rental properties to reduce criminal activity in apartment communities and in smaller rental units such as single-family structures, duplexes and four-plexes. The program also incorporates compliance and enforcement of Fire, Building and Nuisance Codes to ensure the overall safety and well-being of tenants. The program utilizes three key elements to reduce crime and improve safety in rental properties: Phase I Management Training, Phase II Crime Prevention Through Environmental Design Survey,

20 Phase III Community Awareness and Engagement. To see the full description of the three Phases, see the attached Program Overview. Program Mandates: Participation in the Crime Free Multi-Housing Program is mandatory for all residential rental property owners and managers that own or manage four units or more. Owners and managers are required to attend management training facilitated by the Police, utilize and enforce the Crime-Free Multi-Housing lease and Lease Addendum and perform criminal background checks on all perspective tenants. Phase In: 1 st Year Implementation (July 1, 2015 June 30, 2016) Residential rental properties with more than 20 units 2nd Year Implementation (July 1, 2016 June 30, 2017) Residential rental properties with 8-20 units 3 rd Year Implementation (July 1, 2017 June 30, 2018) Residential rental properties with fewer than 7 units Education: The Crime Free Multi Housing Program will provide educational opportunities for landlords to assist them with many aspects for compliance with this program and the Minimum Housing Rental Code. For an outline of the educational components please see the attached Program Overview. Enforcement/Penalties For violations of the Crime Free Multi-Housing Ordinance property owners and managers may be subject to a fine pursuant to the schedule of penalties detailed in (2) of the Newton City Code for each offense as well as possible suspension/revocation of rental permit for a period of up to 90 days for failing to take reasonable action to enforce the terms of the lease addendum after being given notice by the City. Recommendation: Staff recommends City Council approval of the Ordinance establishing a Crime Free Multi- Housing Program. Robert Knabel City Administrator Attachments

21 ORDINANCE NO. ORDINANCE AMENDING THE CITY OF NEWTON, IOWA CODE OF ORDINANCES, TITLE 3 (ENVIRONMENT AND HEALTH), CHAPTER 21 (MINIMUM HOUSING CODE), TO ADD A CRIME FREE MULTI-HOUSING PROGRAM WHEREAS, the City of Newton, Iowa intends to enforce minimum health and life safety requirements for all residential rental properties within the City in order to protect the health, safety, and welfare of the occupants and visitors of such residential units as well as protect and preserve the values, quality of life and safety of properties in the vicinity of such rental properties; and WHEREAS, the City of Newton, Iowa further intends to protect, preserve, and promote the health, safety and welfare of its residents through the reduction, control and prevention of criminal and nuisance activities; and WHEREAS, the Crime Free Multi-Housing Program is nationally recognized as an effective way to reduce crime in rental properties; and WHEREAS, the Newton, Iowa Crime Free Multi-Housing Program (the Program ) is designed to provide education and tools to residential rental property owners and managers that will assist and empower them to reduce the chances of problems and be prepared to quickly and effectively deal with difficult tenants; and WHEREAS, the Program requires that residential rental property owners and managers participate in educational training, perform criminal background checks on all tenants, and add the Crime Free Multi-Housing Program lease addendum to their tenants leases; and WHEREAS, the City Council of the City of Newton, Iowa finds it to be in the best interest of the City to adopt the following amendments relative to rentals of residential properties in the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEWTON, IOWA: Section 1. Amendment Title 3, Chapter 21, of the Newton Code of Ordinances, is hereby amended to add sections (A) through (E), as follows: ISSUANCE OF OCCUPANCY PERMIT. When the owner has complied with all requirements of this chapter relating to a dwelling unit, and has paid all fees required by this chapter, the inspector shall issue a Minimum Rental Housing Occupancy Permit to the owner for such dwelling unit (A) CRIME FREE HOUSING TRAINING REQUIRED FOR RESIDENTIAL PROPERTY OWNERS AND MANAGERS. All persons applying for a rental permit for residential property pursuant to Section , and the managers of the respective rental properties of four (4) or more rental units, shall have successfully completed mandatory crime free management training, administered or certified by the City, prior to issuance of the permit. The permit will be issued only after successful completion of the training. The training may be attended after an application has been submitted, and pursuant to Section , a temporary occupancy permit may be issued to the property owner for a minimum reasonable period of time which the inspector determines is needed in order to complete training requirements. The provisions of this chapter are supplementary and complementary to other provisions of this Code and applicable laws. Nothing in this chapter may be construed to limit any existing right of the City to abate nuisances or to enforce any provisions of applicable law, statute or this Code, including provisions of uniform codes adopted by reference in this Code.

22 (A)(1) PHASE IN. The mandatory crime free management training and all program requirements shall be phased in as follows: a. From July 1, 2015 to June 30, 2016, mandatory crime free management training shall be required for all residential rental properties with more than twenty (20) units. b. From July 1, 2016 to June 30, 2017, mandatory crime free management training shall be required for all residential rental properties with between eight (8) and twenty (20) units. c. From July 1, 2017 to June 30, 2018, mandatory crime free management training shall be required for all residential rental properties with between four (4) and seven (7) units. (2) Landlords and managers of rental properties of fewer than four (4) rental units will be subject to program requirements of this chapter only if the rental unit(s) experience chronic law enforcement issues. In the event of chronic law enforcement issues, landlords and managers shall remain subject to program requirements for a period of 24 months violation free, following the latest incident of conviction. Chronic law enforcement issues are unit specific, with occupants therein and defined as: a. One (1) State or Federal Felony conviction coupled with a conviction of City Ordinance, Section PUBLIC NUISANCES AFFECTING PEACE, SAFETY AND GENERAL WELFARE ARE PROHIBITED. b. Two (2) State or Federal Aggravated Misdemeanor convictions coupled with a conviction of City Ordinance, Section PUBLIC NUISANCES AFFECTING PEACE, SAFETY, AND GENERAL WELFARE ARE PROHIBITED within a twelve (12) month period. c. Three (3) Serious or Simple Misdemeanor convictions coupled with a conviction of City Ordinance, Section PUBLIC NUISANCES AFFECTING PEACE, SAFETY AND GENERAL WELFARE ARE PROHIBITED within a twelve (12) month period (B) TENANT LEASE AND CRIME FREE LEASE ADDENDUM. Any residential rental property owner or manager with four (4) or more rental units, entering into leases regarding residential rental property after July 1, 2015 shall utilize the crimefree lease addendum provided by the City. Samples of rental leases will be available from the Police Department. All residential rental property owners or managers with four (4) or more rental units shall advise prospective tenants of the required crime free lease addendum prior to entering into any lease or rental agreement. The crime free lease addendum shall make criminal activity a lease violation and will specify that criminal activity is not limited to violent criminal activity or drug-related criminal activity engaged in by, facilitated by, or permitted by the tenant, a member of the household, a guest or any party under the control of the tenant. The operator or property manager shall take all reasonable action to enforce the terms of the crime free housing addendum, including eviction of the tenant in violation pursuant to the requirements of Iowa law. It shall constitute a violation of this article for any residential rental property owner or manager to knowingly permit any tenant to occupy any residential rental property without entering into a crime free lease addendum or to occupy any residential rental property in violation of any provision of the crime free lease addendum required under this section. Any failure to include a crime-free lease addendum or similar approved language may result in penalty as set forth in Section (E) (C) PROPERTY CONTACT INFORMATION. The residential rental property owner shall provide the City with emergency contacts for each rental property, who can provide the names of the residents in each unit and has authority to make decisions with respect to the property (D) TENANT BACKGROUND CHECKS. All residential rental property owners with four or more rental units shall check the criminal background of all perspective tenants through a screening program approved by the Police Chief (E) ENFORCEMENT/PENALTIES (1) Notice. Whenever the City determines that a violation of this chapter exists, the City shall give notice of violation and an order to correct to the property

23 owner. The notice shall be in writing and shall describe with reasonable detail the violation(s) so that the property owner has the opportunity to correct said violation. (2) Violation. Any person who fails to comply with any provisions of this chapter after receiving written notice of the violations(s) and being given a reasonable opportunity to correct such violations(s) shall be deemed to be in violation of this chapter. (3) Penalty. Any property owner violating any provision of this chapter or other applicable code or regulation with regard to Crime Free Multi-Housing Program shall be subject to a fine as set forth in Section (2) Schedule of Penalties for each offense. A separate offense shall be deemed committed on each day a violation occurs or continues to exist. Permit renewals will not be approved unless all outstanding penalties are paid in full. (4) Suspension/ Revocation. Any failure of an owner to take reasonable action to enforce the terms of the crime free lease addendum after having been notified by the Police Department of activity or conduct occurring on the residential rental property in violation of the addendum, and after having been given a reasonable opportunity to remedy such activity or conduct, shall be sufficient grounds for the suspension of his or her residential rental permit for a period of up to ninety (90) days. Repeated suspensions may be grounds for revocation. The property owner shall have the right to appeal any suspension as set forth in this Chapter. Section 2. Repealer Clause. All ordinance 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 adjudicated invalid or unconstitutional. Section 4. Effective. This Ordinance shall be effective on, after the final passage, approval and publication as provided by law. PASSED this day of, APPROVED this day of, Michael L. Hansen, Mayor ATTEST: Katrina Davis, City Clerk

24 CITY OF NEWTON CRIME FREE MULTI-HOUSING PROGRAM PROGRAM OVERVIEW The Newton Crime Free Multi-Housing Program is designed to build a partnership between the City of Newton and owners-managers of rental properties to reduce criminal activity in apartment communities and in smaller rental units such as singlefamily structures, duplexes and four-plexes. The program incorporates compliance and enforcement of fire, building and nuisance codes to ensure the overall safety and wellbeing of tenants. The program is mandatory for all landlords in Newton with four or more residential rental properties. The requirements include property managers: Attending training, Utilizing the Crime Free Multi-Housing Lease Addendum, and Performing background checks on all tenants residing on the property. The Crime Free Multi-Housing Program is solution oriented and is designed to be easy and effective in reducing crime. The programs focuses on three key elements to reduce crime and improve safety in rental communities: Phase I Management Training, Phase II Security Survey and Phase III - Community Awareness and Engagement. Phase I: Phase II: Phase III: The first Phase of the Program involves property managers or owners attending an 8-hour training session facilitated and hosted by officials from the City Police, Fire, Planning and Zoning and Public Works Departments. This training session covers a wide range of topics including active property management, Crime Prevention through Environmental Design, municipal fire and building codes, nuisance ordinances and other state and locals laws affecting landlords and tenants. The second Phase consists of a Crime Prevention Through Environmental Design survey of the property by the Police Department. The survey outlines steps that a property owner or manager can take to make the property less prone to criminal activity and may include inspections by the Fire Department, Planning & Zoning and Public Works Departments to ensure compliance with City safety codes. The third Phase is Community Awareness and Engagement led by the Police Department and property managers where active community

25 awareness and participation is encouraged. Social gatherings are held where educational material and contact numbers of City Department liaisons are provided and communications and relationships are encouraged and developed. PROGRAM REQUIREMENTS The program is mandatory for all landlords with four or more residential rental properties in Newton. As outlined previously, mandatory requirements include training for all property managers; use of the Crime Free Lease Addendum and the performance of background checks on all tenants. The following is brief summary of these requirements. Training: The 8-hour training session covers a wide range of topics for the proactive property manager. Generally the topics that will be covered will include: The importance of crime prevention; Crime Prevention Through Environmental Design; Process overview including the application process, community rules and lease agreements and active property management techniques; Rental agreement requirements, Crime Free Lease Addendum and dealing with non-compliance; Code compliance and inspections by Fire Department and Building Inspections; and Combatting Illegal activity and partnership with the Police. Crime Free Lease Addendum: All landlords are required to maintain a lease with all tenants. The Ordinance states: The crime free lease addendum shall make criminal activity a lease violation and will specify that criminal activity is not limited to violent criminal activity or drug-related criminal activity engaged in by, facilitated by, or permitted by the tenant, a member of the household, a guest or any party under the control of the tenant. Specifically the Crime Free Lease Addendum contains seven sections, which are: 1. Tenants and others shall not engage in criminal activity, including drug-related criminal activity, on or near the rental premises; 2. Criminal activity and drug-related criminal activity are defined; 3. Tenants shall not engage in any act intended to facilitate criminal activity;

26 4. Tenants shall not permit the rental premises to be used for or to facilitate criminal activity; 5. Tenants shall not engage in the manufacture, sale or distribution of criminal drugs; 6. Violations of the Addendum shall be good cause for termination of tenancy; and 7. In case of conflicts between regular leases and the provisions of the Lease Addendum, the Lease Addendum shall govern. Tenants agree that a single violation shall be good cause for termination of the lease. Unless otherwise provided by law, proof of violation shall not require criminal conviction, but shall be by preponderance of the evidence. Background Checks: Background checks are required on all tenants residing on the premises. Landlords are encouraged to use available resources, most of which can be found on-line and free. Landlords should conduct searches for criminal activity in the State of Iowa along with any other state in which the tenant has resided. The City will provide available resources for these searches and offers to conduct background check if desired by the landlord. Background checks are intended to be used for informational purposes only. Landlords are free to rent to any person regardless of the findings of the checks. Proof of the background checks is required if requested by the Police. Failure to comply with the Program can cost both tenants and property owners/managers. Tenants may be warned or put on notice by the landlords and or evicted utilizing the lease and Lease Addendum. The property owner/manager may: Be warned or put on notice by the City, Receive a municipal infraction or fine, Have their rental permits suspended for up to 90 days, Incur re-inspection fees, and Incur rental permit re-instatement fees. COMMITMENT TO SAFETY One of the main purposes of the City is to Provide a Safe Community. This purpose statement is summarized as follows:

27 The City s purpose is to protect the community and to fairly enforce the law; to educate residents and to provide information on safety prevention; to be well prepared in order to promptly respond to emergencies and calls for service; to provide for the protection of the environment and the lives of its residents and visitors. As such it is the goal of the City on Newton to provide a safe living environment for all individuals renting living units within the community. The Crime Free Multi-Housing Program hosted by the Police Department is just one component of the City s holistic initiative to provide safe housing. The Fire Department conducts annual inspections on rental units to ensure their compliance with the Fire Code and the Planning & Zoning Department enforces nuisance ordinances as another measure for protecting both tenants and neighbors. Finally, if warranted, the City Building Inspector may be called in to inspect the structural safety and building code compliance of any rental unit. Because of this commitment to provide a safe living environment, landlords receive training and general information on all parts of the City s initiative with rental units inspected on a regular basis. VALUE AND BENEFITS OF THE CRIME FREE MULTI-HOUSING PROGRAM The Crime Free Multi-Housing Program is nationwide and can be found in over 2,000 cities in the United States, Canada and England. It is currently used in Iowa City, Marshalltown, Des Moines, West Des Moines, Ames, Johnston, Dubuque, Davenport, Council Bluffs, Cedar Rapids, Waterloo and Sioux City. According to the International Crime Free Association the benefits of the program include: Reduced police calls for service, A stable, more satisfied tenant base, Increased demand for the rental units with a reputation for active management, Lower maintenance and repair costs and increased property values, Improved personal safety for tenants, landlords and managers and Reduced exposure to civil liability. The program does show success in the reduction of crime and calls for service as noted below: Bloomington, Minnesota 51% reduction in calls for service Saint Paul, Minnesota 67% reduction in calls for service Hagerstown, Maryland 70% reduction in calls for service.

28 Both the City and the property owner will see direct benefits from the program. Property owners will see: More stable and satisfied resident base, Increased demand for rental units, Lower maintenance and repair cost, Increased property values, Improved personal safety for residents and property managers, Decreased civil liability, and Closer partnership with Police and other City Departments. The City will see: Overall reduction in crime, Fewer police calls to rental properties, Fewer rental inspection re-checks Increased curb appeal of rental properties, Safer environment for families to live, and Increased connection and communications with the rental community.

29 City of Newton Council Report Item: Resolution authorizing reimbursement to the Newton Community School District in the amount $14, for right-of-way charges. Summary: The School was charged $14, by Unite Private Networks for the installation of fiber optic lines connecting City schools. Inasmuch as the City waived the right-of-way charges for the County s fiber optic line installation, Staff supports this request. Financial Impact: There is a cost for this reimbursement in the amount of $14, However this is the exact amount that the City received from Unit Private Networks for this work. Report Number: Date: August 17, 2015 Lead Department: Administration Recommendation: Approval Background: At its July 20 th meeting, the City Council approved right-of-way charges in the amount of $14, to Unite Private Networks for the installation of fiber optic lines connecting City schools with their Administration facility. At that meeting the City Council was asked to waive these fees inasmuch as this was a pass-through cost going to the Schools and coming from local tax dollars. The City Administrator recommended against the waiving of these fees which the Council then charged to Unite Private Networks. There is precedence for the City Council waiving right-of-way charges when a public entity is requiring the services. This was done a few years ago when the County was installing a fiber optic line to the Emergency Command Center. The difference in this situation is the County actually owned the line they were installing whereas Unite Private Networks retains ownership of the line installed for the School. The City should not be waiving fees where the lines are in the private domain and can continue to be used for private purposes. It is now recommended that the attached Resolution be approved reimbursing the School for these costs. Recommendation: City Staff recommends adoption of the Resolution authorizing reimbursement to the Newton Community School District in the amount $14, for right-of-way charges. Robert L. Knabel City Administrator Attachments

30 RESOLUTION NO RESOLUTION AUTHORIZING REIMBURSEMENT TO THE NEWTON COMMUNITY SCHOOL DISTRICT IN THE AMOUNT OF $14, FOR RIGHT-OF-WAY CHARGES WHEREAS, the City of Newton works with other local governmental entities to protect and conserve local tax dollars, and WHEREAS, it has been the practice of the City of Newton to waive or reimburse right-of-way charges when incurred by other local governmental units, and WHEREAS, Newton Community School District recently contracted with Unite Private Networks for the installation of fiber optic lines to connect their facilities, and WHEREAS, Newton Community School District paid $14, to Unite Private Networks for right-of-way charges. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newton, Iowa, that it authorizes reimbursement to the Newton Community School District in the amount of $14, for the right-of-way charges. PASSED this day of August, APPROVED this day of August, ATTEST: Michael L. Hansen, Mayor Katrina Davis, City Clerk

31 August 5, 2015 Bob Knabel City Administrator City of Newton Newton, IA Mr. Knabel, Mayor Hansen, and Members of the City Council of Newton, On behalf of the Newton Community School District, we are requesting the City of Newton and the City Council of Newton consider a refund for the right of way charge for the flow through costs added to the district contract with Unite Private Networks. The right of way fees will add $14, to our contract for installation of the fiber necessary to support our technology initiatives. In addition to our 9 th 12 th grade 1:1 initiative, the Newton Board of Directors has approved funds to increase our 1:1 initiative into grades 4 th 8 th for the beginning of our 2015 school year. Our utilization of technology is vital to our support of instruction utilizing 21 st Century Skills in our schools. The upgrade in our network is essential to our continued movement to support technology use by our students in their learning and for our staff in integrating technology into their instruction. Thank you very much for your consideration of this request. We look forward to continuing our strong partnership with the city regardless of the decision you may make as it relates to this request. Respectfully submitted on behalf of the Newton Community School District, Bob Callaghan (electronic signature) Bob Callaghan, Superintendent Newton Community School District 700 N. 4 th Ave. E., Suite 300 Newton, IA 50208

32 City of Newton Council Report Item: Resolution accepting title to property located at 118 West 10 th Street North in Newton, Jasper County, Iowa Summary: State of Iowa Code 657A allows cities to petition for ownership of abandoned buildings. Court action on July 31st was favorable to the City in gaining ownership of the fire damaged property. Financial Impact: $0.00 acquisition costs, approximately $2,450 in legal & court fees Report Number: Date: August 17, 2015 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 118 West 10 th Street North met the criteria as an abandoned building. On July 31 st, the court awarded title of the property through a default judgement to the City of Newton. This is the sixth abandoned building in the past year that the City has petitioned the court for ownership. 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

33 PROPERTY PHOTO: 118 W 10 th Street N

34 RESOLUTION NO RESOLUTION ACCEPTING TITLE TO PROPERTY LOCATED AT 118 WEST 10 TH STREET NORTH, 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 Carol June Hedges located at 118 West 10 th Street North was found to be abandoned and inhabitable, and, WHEREAS, on July 31, 2015, 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 118 West 10 th Street North, legally described as: The North 22 feet of Lot 7, and the South 22 feet of Lot 8, all in Block 3 of Exline s Addition in 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 August APPROVED this day of August ATTEST: Michael L. Hansen, Mayor Katrina Davis, City Clerk

35 E-FILED 2015 JUL 31 3:23 PM JASPER - CLERK OF DISTRICT COURT IN THE IOWA DISTRICT COURT FOR JASPER COUNTY CITY OF NEWTON, IOWA : EQUITY NO. EQCV : Petitioner, : vs. ORDER AWARDING TITLE TO : ABANDONED PROPERTY TO CITY OF NEWTON, IOWA JUDY A. GWINN AS ADMINISTRATOR : FOR THE ESTATE OF CAROL JUNE HEDGES; : DALE HEDGES; RENE HEDGES; KEY FEDERAL SAVINGS BANK; : JASPER COUNTY, IOWA; SKIFF MEDICAL CENTER; : CAPITAL ONE BANK; CAPITAL ONE; HAUGE ASSOCIATES, INC.; : MERCY CLINICS, INC.; IOWA DEPARTMENT OF HUMAN : SERVICES; GRINNELL REGIONAL MEDICAL CENTER; OHP 6, LC; : R & I ENTERPRISES, LC and UNKNOWN PARTIES : Respondents. _:_ NOW on this date shown below, the above matter comes before the Court on the Petitioner s Application for Order Awarding Title to Abandoned Property to City of Newton, Iowa. The Court having reviewed the file and having heard from Petitioner s Counsel finds as follows: described as: 1. That the property located at 118 W. 10 th Street N., Newton, Iowa, which is legally The North 22 feet of Lot 7, and the South 22 feet of Lot 8, all in Block 3 of Exline s Addition in the City of Newton, Jasper County, Iowa

36 E-FILED 2015 JUL 31 3:23 PM JASPER - CLERK OF DISTRICT COURT is found to be abandoned as stated in the undisputed allegations contained in the Petition by City for Title to Abandoned Building. 2. That the Respondent, Judy A. Gwinn as Administrator for the Estate of Carol June Hedges filed an answer on July 2, 2015 in which she consented to an entry of a Decree awarding title to said real estate to the Petitioner pursuant to Iowa Code Section 657A.10A without further notice as long as the costs of this action and the costs of any repairs or demolition or other expenses incurred by the Petitioner were not assessed to the Estate. 3. That the Respondents Dale Hedges; Rene Hedges; Key Federal Savings Bank; Jasper County, Iowa; Skiff Medical Center; Capital One Bank; Capital One; Hauge Associates, Inc.; Mercy Clinics, Inc.; Iowa Department of Human Services; Grinnell Regional Medical Center; OHP 6, LC; R & I Enterprises, LC and Unknown Parties have no further interest in this property as a default judgment was entered against them on July 31, That the Petitioner, the City of Newton, has filed a Notice to the Court on June 23, 2015 attaching a Verified Notice that has been received by the Jasper County Treasurer on June 23, 2015 as is required by Section 657A.10A(6). IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the property cited above is an abandoned property pursuant to Section 657A.10A; that judgment in rem is hereby ordered in favor of the Petitioner, City of Newton, Iowa, and the Court hereby awards title of this property to the City of Newton free and clear of all claims, liens, taxes, special assessments or encumbrances. The Clerk shall issue a Change of Title transferring this property to the City of Newton, Iowa. Court costs shall be taxed to the Petitioner. 2

37 E-FILED 2015 JUL 31 3:23 PM JASPER - CLERK OF DISTRICT COURT IT IS FURTHER ORDERED that the Clerk shall provide a copy of this Order to the Jasper County Treasurer. 3

38 E-FILED 2015 JUL 31 3:23 PM JASPER - CLERK OF DISTRICT COURT State of Iowa Courts Type: Case Number EQCV OTHER ORDER Case Title CITY OF NEWTON V. JUDY A. GWINN AS ADMIN, ET AL. So Ordered Electronically signed on :23:49 page 4 of 4

39 City of Newton Council Report Item: Resolution approving the purchase of real estate at 1400 East 6 th Street South, Newton for the D&D Program. Summary: Through the D&D Program, the City has acquired several structures on East 6 th Street South. The owner of the dilapidated home at 1400 E 6 th Street S has passed away. Staff has negotiated a price with the estate consistent with legal costs for a 657A.10A case. Financial Impact: $4, purchase price Report Number: Date: August 17, 2015 Lead Department: Planning and Zoning Department Recommendation: Approve Summary: The City has the opportunity to move forward with neighborhood improvements under the Newton D&D Program with a purchase of a property with a low-condition structure located on it at 1400 E 6 th Street S. As part of the Housing Initiative, money has been allocated for the removal of low-condition buildings. The City of Newton addresses these structures through several methods including the Notice and Order Process spelled out by the 1997 Uniform Code for the Abatement of Dangerous Buildings, the D&D Program, and the utilization of State of Iowa Code 657A.10A. To date, the City has spent/committed to spend $847,899 out of the $1,133,000 on the dilapidated homes component of the housing initiative, dealing with a total of 47 properties. After crediting the D&D program back with funds from approved property sales ($10,015), there is $295,116 remaining to continue the work of improving neighborhoods through blight removal. Analysis of the 1400 East 6 th Street South Purchase: The subject property is a low-quality single family home located on 0.42 acres in southeast quadrant of the community. The City has acquired two other adjacent properties at 1404 and 1500 East 6 th Street South. Including the Plowman acquisition, the City would own 1.68 acres of re-developable land. The purchase price ($4,500) is significantly under the total assessed value for the property, which is $40,030. The purchase price is $0.11 per $1.00 of assessed value. The City has performed several nuisance assessments at the subject property this summer. Recommendation: City Staff recommends approval. Robert Knabel City Administrator Attachments

40 Photo and Location Map 1400 E 6 th Street S Plowman Property City Owned

41 RESOLUTION NO RESOLUTION APPROVING THE PURCHASE OF REAL ESTATE AT 1400 EAST 6 th STREET SOUTH, NEWTON FOR THE NEWTON D&D PROGRAM 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, the purchase of below described real estate 1400 East 6 th Street South in Newton is in conformance with the program objectives and policies, and WHEREAS, the John Plowman Estate is the owner of the described real estate, and Tim Willlcockson, the administrator for the John Plowman Estate, has agreed to sell the property to the City of Newton, and, NOW, THEREFORE, BE IT RESOLVED by the City Council of Newton, Iowa: That the acquisition of the real estate at 1400 East 6 th Street South, legally described as: LISTER S ACRES LOT 22 from the John Plowman Estate for the sum of $4, hereby approved and that the City Administrator is authorized to execute said Agreement, 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 August, APPROVED this day of August, ATTEST: Michael L. Hansen, Mayor Katrina Davis, City Clerk

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44 City of Newton Council Report Item: Resolution for awarding the bid for purchase of ¾ ton pickup and equipment to replace 1996 Chevy Suburban Summary: The Fire Department received bids to replace 1996 Chevy Suburban that is used as the Fire Marshal and utility vehicle. Financial Impact: The low bid for the vehicle and equipment of $39, will be funded through the 2015 Bond Issue. Report Number: Date: August 17, 2015 Lead Department: Fire Department Recommendation: Approve Background: Included in the 2015 Bond issue that covered the purchase of new vehicles for the Fire Department, $ was earmarked for the purchase of this vehicle and equipment. The Fire Department will be replacing the 1996 Chevrolet Suburban with a ¾ ton pickup that will serve as the Fire Marshal s vehicle and a utility vehicle that will be used to pull Fire Department trailers, and to haul other equipment when necessary, such as dirty equipment from fire scenes. The pickup will be equipped with two side mount tool storage boxes for equipment storage. Emergency Lights, siren and radio equipment will be installed to meet required codes and standards along with vehicle graphics. Vendor Bid Noble Auto Group ¾ ton Chevrolet Pickup 26, Noble Auto Group ¾ ton Ford Pickup 27, Deery Brothers ¾ ton Chevrolet Pickup 31, Hawkeye Truck Equipment Tool boxes/equipment 2, Keltek Emergency Lighting 8, Performance Graphics Vehicle Graphics 1, Equipment Total 12, Total Vehicle $39, Recommendation: Staff recommends City Council approval of the Resolution accepting the bids and authorizing the Fire Department to purchase ¾ Ton Chevrolet pickup from Noble Auto group and other equipment for $39, Robert Knabel City Administrator Attachments

45 RESOLUTION NO RESOLUTION FOR AWARDING THE BID AND CONTRACTING FOR THE PURCHASE OF A 3/4 TON PICKUP AND EQUIPMENT WHEREAS, the City of Newton has aging Chevrolet Suburban with 20 years of service; and WHEREAS, the useful life of this equipment is typically 12 years and escalating maintenance costs are beginning to outweigh the actual value of the equipment; and WHEREAS, the fire department has competitively bid the replacement of a ¾ ton pickup with tool boxes and equipment; and WHEREAS, the fire department received two competitive bids for the pickup, which include Noble Auto Group in the amount of $26, and Deery Brothers in the amount of $31,648.00, bid for tool boxes and equipment from Hawkeye Truck Equipment in the amount of $2,661.00, bid for emergency lighting from Keltec in the amount of $ , bid for vehicle graphics from Performance Graphics in the amount of $1,750.00; and WHEREAS, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newton, Iowa that the City accept the pickup bids bids and award the low bid to Noble Auto Group to purchase the Chevrolet ¾ ton pickup for $26,766.00, tool boxes and equipment from Hawkeye Truck Equipment for $2,661.00, emergency lighting from Keltec for $8,082.47, vehicle graphics from Performance Graphics for $1, with total purchase price of $39,259.47; and BE IT FURTHER RESOLVED, that the Mayor of the City of Newton shall execute the approved contract with Noble Auto Group, Hawkeye Truck Equipment, Keltec and Performance Graphics; and BE IT FURTHER RESOLVED, that the funds used for the purchase of the ¾ ton pickup package be allocated from the proceeds of the bond sale in June of PASSED this day of August, APPROVED this day of August, ATTEST: Michael L. Hansen, Mayor Katrina Davis, City Clerk

46 Fire Marshal Vehicle

47 Tool Boxes for Bed

48 Action Plan Reporting Schedule Date Topic Persons Reporting September 21, 2015 Safe Community Rob Burdess, Wes Breckenridge, Bill Henninger, Mike Knoll, Ron Cook, Wayne Winchell, Mike Ward, Rex Heisdorffer, Brian Laube, Keith Laube October 19, 2015 Economic Development Bryan Friedman, Keith Laube, Craig Armstrong November 16, 2015 High Quality of Life Erin Chambers, Keith Laube, Natalie Umsted, Sue Padilla, Nathan Unsworth, Bryan Friedman, Craig Armstrong December 21, 2015 Effective, Efficient, Democratic Governance Bryan Friedman, Katrina Davis, Keith Laube, Susan Beise, Natalie Umsted January 18, 2016 Safe Community Rob Burdess, Wes Breckenridge, Bill Henninger, Mike Knoll, Ron Cook, Wayne Winchell, Mike Ward, Rex Heisdorffer, Brian Laube, Keith Laube February 22, 2016 Economic Development Bryan Friedman, Keith Laube, Craig Armstrong March 21, 2016 High Quality of Life Erin Chambers, Keith Laube, Natalie Umsted, Sue Padilla, Nathan Unsworth, Bryan Friedman, Craig Armstrong April 18, 2016 Effective, Efficient, Democratic Governance Bryan Friedman, Katrina Davis, Keith Laube, Susan Beise, Natalie Umsted May 16, 2016 Safe Community Rob Burdess, Wes Breckenridge, Bill Henninger, Mike Knoll, Ron Cook, Wayne Winchell, Mike Ward, Rex Heisdorffer, Brian Laube, Keith Laube June 20, 2016 Economic Development Bryan Friedman, Keith Laube, Craig Armstrong July 18, 2016 High Quality of Life Erin Chambers, Keith Laube, Natalie Umsted, Sue Padilla, Nathan Unsworth, Bryan Friedman, Craig Armstrong August 15, 2016 Effective, Efficient, Democratic Governance Bryan Friedman, Katrina Davis, Keith Laube, Susan Beise, Natalie Umsted September 19, 2016 Safe Community Rob Burdess, Wes Breckenridge, Bill Henninger, Mike Knoll, Ron Cook, Wayne Winchell, Mike Ward, Rex Heisdorffer, Brian Laube, Keith Laube October 17, 2016 Economic Development Bryan Friedman, Keith Laube, Craig Armstrong November 21, 2016 High Quality of Life Erin Chambers, Keith Laube, Natalie Umsted, Sue Padilla, Nathan Unsworth, Bryan Friedman, Craig Armstrong December 19, 2016 Effective, Efficient, Democratic Governance Bryan Friedman, Katrina Davis, Keith Laube, Susan Beise, Natalie Umsted

49 January 16, 2017 Safe Community Rob Burdess, Wes Breckenridge, Bill Henninger, Mike Knoll, Ron Cook, Wayne Winchell, Mike Ward, Rex Heisdorffer, Brian Laube, Keith Laube February 20, 2017 Economic Development Bryan Friedman, Keith Laube, Craig Armstrong March 20, 2017 High Quality of Life Erin Chambers, Keith Laube, Natalie Umsted, Sue Padilla, Nathan Unsworth, Bryan Friedman, Craig Armstrong April 17, 2017 Effective, Efficient, Democratic Governance Bryan Friedman, Katrina Davis, Keith Laube, Susan Beise, Natalie Umsted May 1, 2017 Safe Community Rob Burdess, Wes Breckenridge, Bill Henninger, Mike Knoll, Ron Cook, Wayne Winchell, Mike Ward, Rex Heisdorffer, Brian Laube, Keith Laube May 15, 2017 Economic Development Bryan Friedman, Keith Laube, Craig Armstrong June 5, 2017 High Quality of Life Erin Chambers, Keith Laube, Natalie Umsted, Sue Padilla, Nathan Unsworth, Bryan Friedman, Craig Armstrong June 19, 2017 Effective, Efficient, Democratic Governance Bryan Friedman, Katrina Davis, Keith Laube, Susan Beise, Natalie Umsted