Agenda: Newton City Council
Regular Meeting: Agenda City Hall Council Chambers December 19, 2016 101 West 4th Street South 6:00 pm Newton, Iowa 50208
Pledge Pledge of Allegiance Call to Order 1. Roll Call Presentation 2. HIRTA – Brooke Ramsey 3. Airport Year End – Ethan Nasalroad Citizen Participation 4. 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 5. December 05, 2016 Regular City Council Meeting Minutes. 6. Approve Liquor License Renewal Class C Liquor License Catering, Okoboji Grill – DMACC, 600 N 2nd Ave W. 7. Resolution appointing Public Works Director and Director of Planning and Zoning to serve on the Central Iowa Regional Transportation Planning Alliance Committee. (Council Report 16-277) 8. Resolution accepting completion of the E 31st St N Restoration Project (1st Ave E – N 19th Ave E). (Council Report 16-278) 9. Resolution approving Telecommunications Licensing Agreement with Windstream Iowa Communications, LLC. (Council Report 16-279) 10. Approval of Bills Public Hearing 11. Public Hearing on a Resolution Approving Amendment to City of Newton City-Wide Urban Revitalization Plan. (Council Report 16-280) • Since 1993, the City of Newton has had a City-wide Urban Revitalization Plan that provides for tax abatement for new construction across the City. The tax abatement program is proposed to be extended seven years by amending the Urban Revitalization Plan. • Staff recommends approval of the Resolution. 12. Resolution Approving Amendment to City of Newton City-Wide Urban Revitalization Plan. (Council Report 16-280) Ordinance 13. Second Consideration of an Ordinance to amend various sections of the Code of Ordinances, City of Newton, Iowa, 2016, Title IX, Chapter 90, regarding “Animals”. (Council Report 16-272) • Over the past 3 years there have been numerous changes to the City’s animal ordinance in an effort to ensure a higher level of animal control and improve the overall safety of the community. • Staff recommends approval of the ordinance amendments to define standard of care for domestic animals, add a violation for animals left in vehicles. Revise the vicious and problematic dog requirements, hearing procedures and Animal Review Committee structure. 14. First Consideration of an Ordinance amending the Code of Ordinances, City of Newton, Iowa, 2016, Title VII, Chapter 70, Section 70.15, “Traffic and Parking Schedules Adopted by Reference”, to lift special parking restrictions in the 700 block of E 4 ½ St S. (Council Report 16-281) • City staff received a request to lift the special parking restriction on E 4 ½ Street S from S 7th Avenue to S 8th Avenue. Due to parking lot expansion at the NCSD this roadway is no longer used for school parking. The Traffic Safety Committee assessed this area and recommends lifting the special parking restriction. • Staff recommends approval of the ordinance. 15. First Consideration of an Ordinance amending the Code of Ordinances, City of Newton, Iowa, 2016, Title VII, Chapter 70, Section 70.15, “Traffic and Parking Schedules Adopted by Reference”, to make changes to the street parking in the 300 block of South Second Avenue East. (Council Report 16- 282) • The Traffic Safety Committee reviewed parking in the 300 block of S 2nd Ave E and determined that with the wider street, parking could be allowed on one side of the street. • It is recommended that parking be added on the north side of the street in the 300 block of S 2nd Ave E. 16. First Consideration of an Ordinance amending the Code of Ordinances, City of Newton, Iowa, 2016, Title VII, Chapter 70, Section 70.15, “Traffic and Parking Schedules Adopted by Reference”, to make changes to the street parking in the 2300 block of South Third Avenue East. (Council Report 16- 283) • S 3rd Avenue E is a 31-foot wide street that currently allows parking on both sides in the 2300 block. The Church of the Way has requested that parallel street parking be restricted along the north curb of S 3rd Avenue E between E 23rd Street S and E 24th Street S. • Staff recommends restricting parallel curb parking along the north side of the 2300 block of S 3rd Avenue E 17. First Consideration of an Ordinance amending the Code of Ordinances, City of Newton, Iowa, 2016, Title VII, Chapter 70, Section 70.15, “Traffic and Parking Schedules Adopted by Reference”, to make changes to the street parking along portions of N 11th Avenue E. (Council Report 16-284) • The Traffic Safety Committee reviewed parking on N 11th Ave E between E 8th St N and E 19th St N. Based on the street width of this collector street that serves as a truck route, parking should be allowed only on one side. • The current code allows parking on both sides of N 11th Ave E between E 8th Street and E 12th Street and restricts parking on both sides of N 11th Ave E from E 12th Street to E 19th Street. The parking restriction is currently not signed on the south side of the street. • The Traffic Safety Committee recommends to restrict parking on the north side of N 11th Ave E from E 8th St N to E 12th St N and to restrict parking on the south side from E 8th St N to 170 feet east of the east curb line of E 8th St N. The Traffic Safety Committee recommends allowing parking on the south side of N 11th Avenue from 80 feet east of the projected east curb line of E 14th St N to E 19th St N. 18. First Consideration of an Ordinance amending the Code of Ordinances, City of Newton, Iowa, 2016, Title VII, Chapter 70, Section 70.15, “Traffic and Parking Schedules Adopted by Code Reference” by adding and removing stops signs along E 4th Street N.. (Council Report 16-285) · The Traffic Safety Committee reviewed stop signs along E 4th St N. Based on traffic counts, the committee recommends that the intersection with N 4th Ave E be a 4-way stop and that the intersection with N 3rd Ave E be a 2-way stop. This would result in north-south traffic stopping at N 4th Ave E and not stopping at N 3rd Ave E. · It is recommended that stop signs be added on E 4th St N at N 4th Ave E. · It is recommended that the stop signs be removed on E 4th St N at N 3rd Ave E. 19. First Consideration of an Ordinance amending the Code of Ordinances, City of Newton, Iowa, 2016, Title VII, Chapter 70, Section 70.15, “Traffic and Parking Schedules Adopted by Code Reference” by adding stops signs at various locations. (Council Report 16-286) • As part of the Safe Community Goal, the traffic safety committee looked at the uncontrolled intersections located in an area bound on the west by 1st Street N, on the east and north by City limits and on the south by 1st Avenue E. There are a total of 15 uncontrolled intersections. • It is recommended that stops signs be added at the following uncontrolled intersections: E 5th St N at N 2nd Ave E - Replace the yield signs with stop signs for north and southbound traffic; E 6th St N at N 4th Ave E for southbound traffic; E 6th St N at N 9th Ave E; E 6th St N at N 11th Ave E for northbound traffic; E 7th St N at N 11th Ave E for northbound traffic; E 9th St N at N 9th Ave E; E 9th St N at N 10th Ave E; E 10th St N at N 9th Ave E; E 10th St N at N 10th Ave E; E 15th St N at N 6th Ave E for southbound traffic; E 17th St Pl N at N 2nd Ave E for southbound traffic; E 17th St Pl N at E 18th Street N; E 21st St N at N 2nd Ave E for southbound traffic; E 24th St N at N 2nd Ave E for southbound traffic; E 25th St N at N 6th Ave E for northbound traffic. 20. First Consideration of an Ordinance amending the City of Newton Code of Ordinances, Title IX, Chapter 94, Section 94.02(C)(4) Garbage, Trash and the like. (Council Report 16-287) • The ordinance amendment adds language that the City may require the installation of a permanent trash enclosure at multi-family & commercial properties that have had repeated trash or garbage citations/abatements. • Staff recommends approval of the ordinance. Resolution 21. Resolution authorizing the City of Newton to enter into a 28E Agreement for Mutual Assistance for Polk County Area Fire/Rescue Services. (Council Report 16-288) • Under this agreement agencies would request personnel or equipment subject to availability in the event of a large scale emergency. The department providing assistance has the sole discretion to determine availability. Agencies that are a party to this agreement will not charge for the provision of services unless the incident lasts twelve hours or longer. • Staff recommends approval of Resolution authorizing the 28E Agreement for Mutual Assistance for Polk County Area Fire/Rescue Services. 22. Resolution approving the purchase of Ford Expedition from the City of Clive. (Council Report 16-289) • The Fire Department currently uses a 1996 Chevrolet Suburban and a 2009 Ford Crown Victoria retired police patrol vehicle as utility vehicles. The City of Clive is selling a 2007 Ford Expedition that was used as a paramedic fly car and command vehicle. • Staff recommends approval of purchasing the Ford Expedition from the City of Clive in the amount of $10,000 from the Fire Department budget savings and placing the existing 1996 Chevrolet Suburban and 2009 Ford Crown Victoria on the Public Surplus online auction with a reserve amount of $500 each. 23. Resolution authorizing a 3-year agreement with HLW Group, LLC to provide professional services for the Newton Sanitary Landfill. (Council Report 16- 290) • The Iowa Department of Natural Resources requires groundwater sampling, statistical analysis and reporting at landfills. • HLW Group, LLC has successfully provide this service for the Newton Sanitary Landfill for many years. • Staff recommends approval of the resolution to enter into a 3-year agreement with HLW Group LLC to perform sampling and engineering analysis for the landfill. 24. Resolution approving a contract with CivicPlus for redesign of the City of Newton website. (Council Report 16-291) • In 2011 the City of Newton contracted with CivicPlus for the original development of our website. The City website is now in need of a thorough update as recognized in the 2017-19 Action Plan. • It is recommended that the redesign be funded with $5,000 that was included in the 2016-17 FY budget for a website software upgrade (Aurora) and $21,812 from the current savings in Hotel/Motel tax. As the process could take 16 – 22 weeks, initiating the contract now will place the launch during the summer of 2017. 25. Resolution Approving a One-Year Extension for Venture Homes to Continue to Build Houses in Fountain Hills Estates Subdivision. (Council Report 16-292) • Venture Homes of West Des Moines entered into an agreement with the City in March of 2014 to allow Venture to acquire lots from the City and build new houses in the Fountain Hills Estates subdivision abutting South 12th Avenue West immediately west of Highway 14. • Venture Homes has constructed the first four houses in Fountain Hills Estates and has plans to build more. Venture has requested a one-year extension of their agreement to December 31, 2017. • Staff recommends approval of the Resolution. 26. Resolution Approving Submittal of an Application for the State of Iowa High Quality Job Program. (Council Report 16-293) • Graphic Packaging International is seeking State of Iowa assistance to aid an expansion of the existing factory at 1204 North 15th Avenue East. • In order for the company to be eligible for State assistance, the City of Newton is required to provide an endorsement and matching funds in the form of the existing City-wide tax abatement program. • Staff recommends approval of the Resolution. Discussion 27. Action Plan Update – Effective, Efficient, Democratic Governance – Bryan Friedman New Business 28. Old Business 29. 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 641-792- 2787 to arrange for accommodations to be provided. www.NewtonGov.org REGULAR CITY COUNCIL MEETING MINUTES DECEMBER 05, 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 4th Street South. Mayor Pro Tem Trotter presided. Present Council Members: Chapé, Biondi, George, Trotter, Mullan, Kulis. Absent: None Mayor Pro Tem Trotter asked everyone present to join in saying the Pledge of Allegiance. There was no citizen participation. Moved by Mullan, seconded by Biondi to approve consent agenda items 3-15. 3. November 21, 2016 Regular City Council Meeting Minutes. 4. Approve Annual Financial Report for Fiscal Year Ending June 30, 2016. 5. Resolution appointing Mark Allen, Angie Bolinger, Ken Barthelman, Mike Farley and Cindy Smith to serve on the Community Marketing Board for terms ending as designated herein. Resolution No. 2016 – 257 adopted. 6. Resolution appointing members to serve on a committee called “Implementing Newton’s Future”. Resolution No. 2016 – 258 adopted. 7. Resolution re-appointing Rita Reinheimer to serve on the Historic Preservation Commission for a term ending December 31, 2019. Resolution No. 2016 – 259 adopted. 8. Resolution re-appointing Dana Woody to serve on the Planning and Zoning Commission for a term ending December 31, 2021. Resolution No. 2016 – 260 adopted. 9. Resolution re-appointing Thomas Hollander to serve on the Zoning Board of Adjustment for a term ending December 31, 2021. Resolution No. 2016 – 261 adopted. 10. Resolution appointing Brian Buch to serve on the Water Board for a term ending December 31, 2022. Resolution No. 2016 – 262 adopted. 11. Resolution levying assessments for costs of nuisance abatement and providing for the payment thereof (Schedule 16-15). Resolution No. 2016 – 263 adopted. 12. Resolution accepting completion of the W 4th St N Sanitary Sewer Extension Project. Resolution No. 2016 – 264 adopted. 13. Resolution accepting completion of the Woodland Park – Eversman Field ADA Improvements. Resolution No. 2016 – 265 adopted. 14. Resolution setting a public hearing and authorizing publications of notice on City of Newton City-Wide Urban Revitalization Plan revision. Resolution No. 2016 – 266 adopted. 15. Approval of Bills AYES: Six. NAYS: None. Consent agenda items approved. Ordinance amending the Code of Ordinances, City of Newton, Iowa, 2016, Title VII, Chapter 70, Section, “Traffic and Parking Schedules Adopted by Reference”, to restrict parking on the east portion of the 400 through 900 block of E 16th St N and lift special restrictions in 700 block of E 4 ½ St S. Bonnie Benesh, 812 E 16 St N; Lynn Anthony, 823 E 16th St N; and Dave Claseman, 835 E 16th St N spoke in opposition of the parking change on E 16th St N. Chief Burdess indicated that a survey had been mailed to 40 residents with 7 responses, 4 in favor and 3 opposed. The third consideration failed for lack of motion. Moved by George, seconded by Kulis, to approve the thrid consideration for an Ordinance amending the City of Newton Code of Ordinances, Title XV, Chapter 158, increasing the maximum allowable height in the C-A: Arterial Commercial district to 75 feet. AYES: Six NAYS: None. Third consideration of the ordinance passed. Moved by Kulis, seconded by Mullan to adopt the ordinance. AYES: Six. NAYS: None. Ordinance 2278 was adopted. Ordinance amending the City of Newton Code of Ordinances, Title XV, Chapter 158, adding auto sales as a conditional use within the C-N; Neighborhood Commercial District. The third consideration failed for lack of motion. Moved by Mullan, seconded by Biondi, to approve the second consideration for an Ordinance amending the Code of Ordinances, City of Newton, Iowa, 2016, Title VII, Chapter 70, Section 70.15, “Traffic and Parking Schedules Adopted by Code Reference” by adding stops signs and yield signs at various locations. AYES: Six NAYS: None. Seconded consideration of the ordinance passed. Moved by Mullan, seconded by Kulis to waive the third reading. AYES: Six. NAYS: None. Motion passed. Moved by Chapé, seconded by Kulis to adopt the ordinance. AYES: Six. AYES: None. Ordinance 2279 was adopted. Moved by Chapé, seconded by Biondi, to approve the first consideration for an Ordinance to amend various sections of the Code of Ordinances, City of Newton, Iowa, 2016, Title IX, Chapter 90, regarding “Animals”. Chief Burdess expanded the proposed changes. Chapé asked that pet owners be respectful and pick up their pets’ feces. AYES: Six NAYS: None. First consideration of the ordinance passed. Moved by Kulis, seconded by Chapé, to approve a Resolution adopting the 2017-2019 Action Plan for the City of Newton. AYES: Six. NAYS: None. Resolution No. 2016-267 adopted. Moved by Mullan, seconded by Chapé, to approve a Resolution Adopting Newton Housing Initiative Single-Family Incentive Programs for 2017. AYES: Six. NAYS: None. Resolution No. 2016- 268 adopted. Moved by George, seconded by Chapé, to approve a Resolution Approving Engineering Services Agreements with Snyder & Associates, Inc. to Provide Roadway Design for the Fairmeadows North Plats 8 And 9 Subdivisions In Newton. AYES: Six. NAYS: None. Resolution No. 2016-269 adopted. Moved by Mullan, seconded by Chapé, to approve a Resolution establishing a moratorium on the acceptance of applications for, or the approval of, permits or development orders for wireless communications facilities and antennas in the city rights-of-way, and directing that a planning study be conducted. AYES: Six. NAYS: None. Resolution No. 2016-270 adopted. Bryan Friedman, Director of Finance and Development, detailed the proposal of the CIP. Natalie Umsted, Senior Analysis informed Council that Alliant Energy proposed providing $10,000 year 1, $6,000 year 2, and $3,000 year 3 towards the Sustainability Coordinator position. Interim City Administrator, Wellik asked Council if they had any questions regarding the position proposals. There were none. There was no new business. During old business Friedman updated Council on the RFPs that have been sent for the Hotel Maytag Project. He continued that the Marketing Coordinator hiring process is going well. Moved by George, seconded by Biondi, to adjourn the meeting at 7:41 P.M. Motion unanimously carried by voice vote.
______Michael L. Hansen, Mayor
______Katrina Davis, City Clerk City of Newton Council Report
Item: Resolution appointing Public Works Director and Director of Planning and Zoning to serve on the Central Iowa Regional 16-277 Transportation Planning Alliance Committees. Report Number:
Date: December 19, 2016 Summary: Member governments are required
to annually appointment or renew Public representatives to CIRTPA, the regional Lead Department: Works transportation planning organization.
Recommendation: Approve Financial Impact: None
Background: The City of Newton is a member of the Central Iowa Regional Transportation Planning Alliance (CIRTPA), which carries out federally required transportation planning for the eight counties in central Iowa (Boone, Dallas, Jasper, Madison, Marian, rural Polk, Story, and Warren) and includes those County governments and designated cities located within those counties. Newton receives an allocation of approximately $350,000 each year in federal Surface Transportation Program (STP) funds through CIRPTA.
Annually, CIRTPA requests that its member governments appoint representatives to the CIRTPA Technical and Policy Committees. The proposal is to have Public Works Director Keith Laube continue as the primary representative to the Technical and Policy Committees and to have Planning and Zoning Director Erin Chambers continue as the alternate representative.
Recommendation: Staff recommends approval of the attached resolution.
Jarrod Wellik Interim City Administrator
Attachment
RESOLUTION NO. 2016 – ______
RESOLUTION APPOINTING PUBLIC WORKS DIRECTOR AND DIRECTOR OF PLANNING AND ZONING TO SERVE ON THE CENTRAL IOWA REGIONAL TRANSPORTATION PLANNING ALLIANCE COMMITTEES
WHEREAS, the Central Iowa Regional Transportation Planning Alliance (CIRTPA) was formed in 1994 representing an eight-county area consisting of Boone, Dallas, Jasper, Madison, Marian, rural Polk, Story, and Warren Counties; and
WHEREAS, City of Newton is a member of the CIRTPA, as organized under Iowa Code Chapter 28E; and
WHEREAS, the CIRTPA annually requests that its member governments appoint representatives to the CIRTPA Technical and Policy Committees.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Newton, Iowa, that Public Works Director Keith Laube is designated as the representative to the CIRTPA Technical Committee and that Planning and Zoning Director Erin Chambers is designated as the alternate representative to the CIRTPA Technical Committee.
BE IT FUTHER RESOLVED that Public Works Director Keith Laube is designated as the representative to the CIRTPA Policy Committee and that Planning and Zoning Director Erin Chambers is designated as the alternate representative to the CIRTPA Policy Committee.
PASSED this ______day of December 2016.
APPROVED this ______day of December 2016.
______Michael L. Hansen, Mayor ATTEST:
______Cheryl Salyers, Deputy City Clerk City of Newton Council Report
Item: Resolution accepting completion of the E 31st St N Restoration Project (1st Ave E – N 19th Ave E). Report Number: 16-278 Summary: Accept completion of the E 31st St N Restoration Project. Date: December 19, 2016
Financial Impact: $197,214.27 from the 2014 Lead Department: Public Bonds, $15,000 from the East Mart TIF and Works $22,272.87 DOT credit for in-house engineering. Recommendation: Approve
Background: E 31st Street N was identified as needing pavement restoration in the Community Investment Plan. E 31st Street N is a federal-aid classified road that can receive Surface Transportation Program (STP) funds from the Federal Highway Administration. STP projects are 80% federal funded with 20% local match. The E 31st Street N pavement restoration project was awarded $1,280,000 in STP funds.
Bid letting was performed by the Iowa DOT on April 21, 2015 and City Council awarded a contract in the amount of $1,046,872.45 to Manatt’s, Inc. of Brooklyn, Iowa at the City Council meeting on May 4, 2015. Due to changes in measured contract bid item quantities and project change orders, the final contract amount was $1,172,435.72. The 20% City cost share is $234,487.14. The East Mart TIF District will pay $15,000, the City will be credited $22,272.87 by the Iowa DOT for in-house engineering, and the remaining $197,214.27 will be paid from the 2014 bond proceeds.
The project has been completed and the project engineer has signed the Iowa Department of Transportation (DOT) Statement of Completion form. The Iowa DOT has completed the required audits of the City project inspection records and construction materials submittals. The City has submitted the Iowa DOT Final Forms Packet seeking approval to release the final payment to the contractor. This final payment of $35,173.07 is the 3% retainage.
Recommendation: City staff recommends accepting completion of the E 31st St N Restoration Project (1st Ave E to N 19th Ave E) to Manatts Inc. of Brooklyn, Iowa and release of the retainer.
Jarrod Wellik Interim City Administrator
Attachment
RESOLUTION NO. 2016 – ______
RESOLUTION ACCEPTING COMPLETION OF THE E 31ST ST N RESTORATION PROJECT (1ST AVE E – N 19TH AVE E)
WHEREAS, the City of Newton was awarded a $1,280,000 Surface Transportation Program (STP) grant in 2013 through the Central Iowa Regional Transportation Planning Alliance (CIRTPA) for the proposed E 31st St N Restoration project; and
WHEREAS, City Council awarded a contract for the project to Manatts, Inc. of Brooklyn, Iowa in the amount of $1,046,872.45 at the May 4, 2015 City Council meeting; and
WHEREAS, due to actual quantities of work completed, the final contract amount was $1,172,435.72; and
WHEREAS, the Public Works Director has signed the Iowa Department of Transportation (DOT) Statement of Completion form stating that the construction of the pavement improvements project has been substantially completed in general compliance with the terms, conditions, and stipulations of said Contract; and
WHEREAS, the Iowa DOT has completed the required audits of the City project inspection records and construction materials submittals; and
WHEREAS, The City has submitted the Iowa DOT Final Forms Packet seeking approval to release the final 3% retainage to the contractor in the amount of $35,173.07.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Newton, Iowa, that the City of Newton hereby authorizes the Public Works Director to execute payment of the 3% retainage in the amount of $35,173.07 to Manatts, Inc. for the E 31st St N Restoration Project following acceptance by the Iowa DOT of the said Final Forms Packet.
BE IT FURTHER RESOLVED that the City’s 20% project cost share of $234,487.14 shall be paid using $15,000 from the East Mart TIF District, $22,272.87 DOT credit for in-house engineering, and $197,214.27 from the 2014 bond proceeds.
PASSED this _____ day of December 2016.
APPROVED this ____ day of December 2016.
Michael L. Hansen, Mayor ATTEST:
Cheryl Salyers, Deputy City Clerk
City of Newton Council Report
Item: Resolution approving Telecommunications Licensing Agreement with Windstream Iowa Communications, LLC Report Number: 16-279
Summary: Approval of a license agreement to Date: December 19, 2016 utilize public right-of-way for the installation, operation, and maintenance of a fiber optic Lead Department: Public network. Works
Financial Impact: none Recommendation: Approve
Background: Windstream Iowa Communications, LLC (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 underground facilities in the public alley east of 324 W 3rd St S, then run south along said public alley to the public alley north of 410 W 3rd St S, continue west along said public alley to W 3rd St S, continue south along W 3rd St S to S 6th Ave W, continue west along S 6th Ave W to W 4th St S, continue south along W 4th St S to S 20th Ave W, continue west along S 20th Ave W to W 15th St S, continue south along W 15th St S to S 24th Ave W, continue west along S 24th Ave W exiting the City right-of-way immediately west of W 15th St S. This telecommunications system would also have a line installed off the above noted route beginning at W 4th St S and S 20th Ave W, and running south along W 4th St S to the City limits south of S 20th Ave W.
Based on the rates City Council established in Resolution No. 2012-034 passed on April 16, 2012, the licensing fee for the 12,538 LF of underground conduit in the City right-of-way is $11,584.20.
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, LLC of Little Rock, Arkansas.
Jarrod Wellik Interim City Administrator
RESOLUTION NO. 2016 – ______
RESOLUTION APPROVING TELECOMMUNICATIONS LICENSING AGREEMENT WITH WINDSTREAM IOWA COMMUNICATIONS, LLC
WHEREAS, Windstream Iowa Communications, LLC (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 underground facilities in the public alley east of 324 W 3rd St S, then run south along said public alley to the public alley north of 410 W 3rd St S, continue west along said public alley to W 3rd St S, continue south along W 3rd St S to S 6th Ave W, continue west along S 6th Ave W to W 4th St S, continue south along W 4th St S to S 20th Ave W, continue west along S 20th Ave W to W 15th St S, continue south along W 15th St S to S 24th Ave W, continue west along S 24th Ave W exiting the City right-of-way immediately west of W 15th St S; and
WHEREAS, said telecommunications system would also have a line installed off the above noted route beginning at W 4th St S and S 20th Ave W, and running south along W 4th St S to the City limits south of S 20th Ave W; and
WHEREAS, the proposed route of said telecommunications system includes 12,538 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, LLC of Little Rock, Arkansas.
PASSED this _____ day of December 2016.
APPROVED this ____ day of December 2016.
Michael L. Hansen, Mayor ATTEST:
Cheryl Salyers, Deputy City Clerk
City of Newton Disbursements 12-20-16 Vendor Department Description Amount 3M Administrative Svcs Supplies $ 128.00 Acushnet Company Golf Merchandise $ 106.88 Alliant Energy/IPL All Utility $ 40,309.64 Allmax Software Inc Water Pollution Control Supplies $ 4,826.00 American Business Phones Water Pollution Control Service $ 168.00 Animal Rescue League Animal Control Service $ 5,423.10 Armstrong, Craig Economic Development Reimbursement $ 82.13 Arrow International Inc Fire Supplies $ 1,212.09 BARCO Municipal Product Traffic Control Supplies $ 457.92 Beckman Gallery Home Town Rewards/Fire Service $ 249.34 Benjamin Cole Sander Photography Fire Service $ 400.00 Bituminmous Materials & Supply Street Supplies $ 725.01 Black Hills Energy All Utility $ 25,898.79 BlueTarp Financial Inc Water Pollution Control Supplies $ 402.79 Boat-Wilson, Jackie Home Town Rewards Reimbursement $ 20.00 Bolton & Menk Inc North Central TIF Service $ 6,283.00 Brick Gentry P.C. Legal Services Service $ 10,570.00 Bun in the Oven Home Town Rewards Supplies $ 75.00 C. H. McGuiness Co Inc Water Pollution Control Supplies $ 684.32 Caldwell Brierly Chalupa Nuzum PLLC Housing Demolitions Service $ 851.00 Card Services All Training/Supplies $ 3,825.51 Carpenter Uniform Fire Supplies $ 54.99 CDW Government Inc Administrative Svcs/Police Supplies $ 317.57 Chamber of Commerce Administrative Svcs Membership $ 1,030.00 Christian, Eric & Kimberly Private Incentives Buyer Incentive $ 10,000.00 Cintas City Garage/Water Pollution Control Supplies $ 132.48 Cummins Central Power City Center Service $ 93.98 Danko Emergency Equipment Fire Supplies $ 133.13 Darrell's Electric City Center Service $ 60.00 DC Sports Fire Supplies $ 35.00 Diamond Products Co Traffic Control Supplies $ 151.80 DJ Gongol & Associates Inc Water Pollution Control Supplies $ 1,068.10 Dodd Trash Hauling & Recycling North Central TIF/Landfill Service $ 1,346.81 Doors Inc PW Building Service $ 65.00 Electrical Eng & Equipment Water Pollution Control Supplies $ 478.42 Electronic Engineering Police Service $ 211.95 Fareway Public Works Administrative Svcs Supplies $ 15.96 Federal Express Corp Water Pollution Control Service $ 67.84 Financial Forms & Supplies Fire Supplies $ 134.45 Fire Service Training Bureau Fire Training $ 30.00 Forbes Office Solutions All Supplies $ 379.33 Foth Infrastructure & Environment Water Pollution Control Service $ 308.00 Fox Engineering Water Pollution Control Service $ 7,360.00 Frasier, Lisa Finance Reimbursement $ 34.67 G&K Services All Service $ 471.23 Gall's LLC Fire Supplies $ 108.24 Page 1 Gary Ryther Garage Doors PW Building/Landfill/Water Pollution Service $ 345.00 Gemplers Landfill Supplies $ 174.80 Grainger Inc Water Pollution Control Supplies $ 102.80 Gronewold Bell Kyhnn & Co PC Finance Service $ 4,250.00 GSI Engineering Northern Division LLC Street Service $ 3,711.25 Hach Co Water Pollution Control Supplies $ 399.81 HLW Engineering Group Landfill Service $ 2,290.00 Hy-Vee Inc Home Town Rewards Supplies $ 146.04 IMWCA All Insurance $ 41,319.00 Iowa Department of Transportation Parks Supplies $ 3,600.00 Iowa Law Enforcement Academy Police Training $ 150.00 Iowa One Call Water Pollution Control Service $ 265.50 Iowa Police Chiefs Association Police Membership $ 75.00 Iowa Prison Industries Street Supplies $ 106.00 Jasper County Sheriff Fire Service $ 42.00 Jerry Keenan Concrete Street Service $ 1,846.58 Johnson Aviation Airport Reimbursement $ 152.35 Keltek Incorporated Fire Supplies $ 681.71 Key Cooperative All Fuel $ 7,102.49 Keystone Labs Water Pollution Control Service $ 2,129.20 Kinetic Edge Physical Therapy Street Service $ 64.00 Knoll, Mike Fire Reimbursement $ 263.13 Manatts - D.M. Street Supplies $ 2,946.89 Marsden Bldg Maintenance City Center Service $ 2,010.00 Martin's Flag Company Fire Supplies $ 250.77 Maxim Advertising Administrative Svcs Supplies $ 321.48 McCall Monument Cemetery Service $ 560.00 McMaster-Carr Water Pollution Control Supplies $ 596.73 Mid-American Research Chemical Water Pollution Control Supplies $ 377.32 Midland Scientific Water Pollution Control Supplies $ 22.47 Midwest Automatic Fire North Central TIF Service $ 170.00 NAPA Auto Parts City Garage/Fire/Landfill Supplies $ 727.67 News Printing Company All Publications $ 950.48 Newton Clinic Fire Service $ 33.00 Newton Correctional Facility Street Service $ 95.00 NFPA Fire Membership $ 175.00 Noble Ford of Newton Inc Police/Fire Service $ 1,892.32 Northwestern University Center Police Training $ 2,990.00 O'Halloran International City Garage Supplies $ 45.60 O'Reilly Auto Parts Parks/Golf Supplies $ 81.93 Partsmaster Water Pollution Control Supplies $ 356.24 Per Mar Security Services Landfill Service $ 287.07 PING Golf Merchandise $ 76.21 Pitney Bowes Finance Service $ 346.80 POS Paper Police Supplies $ 69.00 Prairie Equipment Company Water Pollution Control Supplies $ 616.61 Premier Office Equipment Police Service $ 130.88 Protex Central Incorporated Airport Service $ 295.00 Quick Lane Tire & Auto Police Service $ 414.17 Page 2 Quill Corporation Police Supplies $ 98.51 Scott Van Keppel Landfill Supplies $ 225.97 Secretary of State Police Service $ 30.00 Shield Technology Fire Service $ 300.00 Sign Post Savers Traffic Control Supplies $ 302.00 Smith Quality Rental Water Pollution Control/Street Supplies $ 242.96 Smith, Susan Planning & Zoning Supplies $ 33.48 Spahn & Rose Lumber Co All Supplies $ 567.45 Springer Professional Home Services Golf Service $ 38.00 STI/SPFA Airport Service $ 10.00 Taser International Police Supplies $ 3,172.71 Theisen's All Supplies $ 589.28 Theisen's Grinnell Water Pollution Control Supplies $ 122.65 Theisen's Marshalltown Planning & Zoning/Street Supplies $ 150.46 Times Republican Police Service $ 359.90 Town & Country Services Cemetery Service $ 280.00 True Value Hardware All Supplies $ 264.63 Two Rivers Cooperative All Fuel $ 6,730.52 U S Postmaster Library Service $ 198.00 United Parcel Service Finance Service $ 9.35 United States Cellular All Utility $ 722.51 UnityPoint Clinic-Occupational Street Service $ 37.00 USABlueBook Maytag Pool Supplies $ 514.95 Van Wall Equipment Fire Supplies $ 443.92 Warnick & Reeves Mechanical Maytag Pool Service $ 77.76 Water Department All Utility $ 10,487.93 Watts Family Monuments Inc Cemetery Service $ 450.00 Winchell, Wayne Police Training $ 20.42 Witmer Public Safety Group Fire Supplies $ 540.73 Yanni's Bar and Grill Home Town Rewards Service $ 298.00 Young Professionals of Jasper County Home Town Rewards Service $ 500.00 Zimco Supply Company Golf Supplies $ 331.26 Zoll Fire Supplies $ 551.86 Total: $ 241,544.98
Pre-Authorized Payments Prendergast, Julia Downtown Micro Grant Grant $ 4,140.26 Windstream All Utility $ 3,126.30
ACH Payments from Great Southern Bank Advantage Administrators All Insurance $ 130.00 Bankers Trust Debt Service Debt Payment $ 280,520.63 Iowa Finance Authority Water Pollution Control Debt Payment $ 37,671.25 Lincoln National Life All Insurance $ 3,894.92 State of Iowa Parks/Golf/Water Pollution Control Sales Tax $ 2,458.18
Page 3 City of Newton Council Report
Item: Resolution Approving Amendment to City of Newton City-Wide Urban Revitalization Plan
Summary: For over 20 years, Newton has Report Number: 16-280 provided tax abatement for new development. This program is proposed to be extended Date: December 19, 2016 seven years. Lead Department: Financial Impact: Finance and Development Though taxes are relinquished in the initial years, the tax abatement incentive can spur Recommendation: more overall growth to build the tax base in the Approval long term.
Background:
The City of Newton has had a City-wide tax abatement program for over twenty years. The intent of the program is to incentivize development by delaying the full property taxation impact for new improvement value. The Newton City Council adopted the abatement program through an Urban Revitalization ordinance in 1993 and made modifications to the program with Resolutions in 2002, 2007, and 2013.
The current version of the Residential tax abatement schedule provides for 100% abatement on the improvement value for the first two years and 50% abatement for the next three. For new homes constructed since 2014, this abatement has been supplanted by the $10,000 new home buyer grants for homes valued at over $160,000. The new proposal is to keep this model in place by capping the abatement program at $160,000 for new improvements. This allows tax abatement to still be provided for home additions and smaller new homes. Homes receiving the $10,000 cash incentive would not be eligible for tax abatement.
The Commercial and Industrial abatement provides the property owners with a choice of three years of 100% abatement or a ten year abatement schedule, with abatement of 80%, 70%, 60%, 50%, 40%, 40%, 30%, 30%, 20%, and 20% over the decade. These programs are not proposed to change.
The State added a new classification of property last year called Multi-Residential to enable apartments to transition from Commercial taxation to Residential. The proposal is for the new class to be added to the Urban Revitalization Plan and have the abatement be set at five-years, 100%, in order to spur more growth in that area.
The effectiveness of tax abatement is always difficult to gauge, since it is impossible to know exactly what would have happened without abatement. For the Commercial and Industrial abatement, the City has specific instances where the readily-available tax abatement was a big boost to drawing business to Newton. For example, the Walter G. Anderson (now Graphic Packaging) carton company received an incentive package from the State of Iowa that required a local match. The tax abatement program fulfilled this requirement for Newton, without any need to work through a Tax Increment Financing (TIF) program. Likewise, the tax abatement was a key part of the incentives for the TPI Composites and Iowa Speedway projects.
The proposed amendment would extend the program by seven years. This allows for stability and predictability in the program, keeping Newton competitive with the communities in the region that offer abatement.
The specific changes proposed to the Urban Revitalization plan are summarized as follows:
· Change the expiration date of the program to December 31, 2023. · Clarify that the five-year Residential abatement program is only available for new improvement valuation under $160,000. · Add in the new classification category of Multi-Residential to match Iowa Code and have a five-year abatement schedule for multi-family developments. · Revise some date references and renumber some sections
At the December 5th meeting, the City Council set a Public Hearing to consider the Urban Revitalization Plan amendments on December 19th in order to keep tax abatement in place.
Recommendation: Staff recommends approval of the Resolution.
Jarrod Wellik Interim City Administrator
RESOLUTION NO. 2016 ______
RESOLUTION APPROVING AMENDMENT TO CITY OF NEWTON CITY- WIDE URBAN REVITALIZATION PLAN
WHEREAS, January 18, 1993, the Newton City Council, adopted Resolution No. 93-13 approving a City-Wide Urban Revitalization Plan; and
WHEREAS on March 1, 1993, the Newton City Council adopted Ordinance 1743, designating the City-Wide Urban Revitalization Area for the City of Newton; and
WHEREAS, the Newton City Council has studied the results and future implications of the revitalization program; and
WHEREAS, pursuant to Chapter 404.2, Subsection 6 of the Code of Iowa, the Council desires to amend the Plan by revising and extending it; and
WHEREAS, on December 5, 2016, the Council approved a Resolution setting December 19, 2016 as the date of a Public Hearing on said Plan, and pursuant to Chapter 404.2 Subsection 6 of the Code of Iowa, the required Public Notice has been published and the Public Hearing has been held upon the proposed amendments to the Plan;
NOW, THEREFORE, BE IT RESOLVED by the City Council of Newton, Iowa,
Section 1: The City-Wide Urban Revitalization Plan, originally adopted January 18, 1993 and as subsequently amended, is hereby revised as shown in Attachment A, with deletions being indicated by strikethroughs and additions by underlining.
Section 2: Changes effected by this Resolution shall be applicable and effective immediately for improvements in 2016 and future years.
PASSED this 19th day of December, 2016.
APPROVED this ______day of December 2016.
______Michael L. Hansen, Mayor
ATTEST:
______Cheryl Salyers, Deputy City Clerk
Attachment A
City-Wide Urban Revitalization Plan
for
The City of Newton, Iowa
Originally Adopted January 18, 1993 by Resolution No. 93-13
Amended December 6, 1999 by Resolution No. 99-183
Amended October 22, 2002 by Resolution No. 2002-146
Amended May 7, 2007 by Resolution No. 2007-047
Amended March 4, 2013 by Resolution No. 2013-030
Amendment Proposed for December 19, 2016
Title: The following plan shall constitute the “City-Wide Urban Revitalization Plan”.
Area Boundaries: The City-Wide Urban Revitalization Area (hereinafter referred to as the “Area”) is all land within the Corporate Limits of the City of Newton as of the date of adoption of this plan more particularly described in the boundary description as Exhibit 1 and shown on the map attached as Exhibit 2.
Such City-Wide Urban Revitalization Area shall also include those areas annexed to the City as identified in City Council Resolution No. 99-183, adopted December 6, 1999 and all other areas subsequently annexed to the City of Newton as long as this plan is in effect, except for areas specifically excluded in annexation resolutions.
Purpose: The plan is prepared to conform with Section 404.2 of the Code of Iowa, for the purpose of outlining procedures whereby the Area, hereinafter to be designated by ordinance, need be revitalized and the potential for development be enhanced. The adoption of the plan will enhance the revitalization of the Area resulting in the improvement of the public health, safety and welfare of the residents of the City.
Goals: The goals of this revitalization plan are:
· To encourage the revitalization of the Area. · To stabilize and increase the tax base within the City. · To improve the City through new construction and rehabilitation of existing residential, commercial, and industrial property. · To enhance the Area by increasing land values and providing an overall aesthetic improvement. · To make needed public improvements within the Area.
Existing Zoning: The standards for development for the purposes of this plan shall be the standards set in the zoning ordinance. The Zoning Ordinance and Official Zoning Map, as may from time to time be amended, for the City of Newton is made a part of this plan by reference as if recited in full within the plan.
Land Use: The Comprehensive Plan and Future Land Use Map of the City of Newton were adopted in October 2012, amended in September 2014 and again in September 2016..
Newton City-Wide Urban Revitalization Plan Page 1 March 20136 The intent for future land use is contained in the Comprehensive Plan as adopted and as may be amended from time to time to promote the orderly development of the city.
City Services: The City provides a broad range of services to all property owners. The City intends to provide additional public improvements to the Area for the duration of the plan. However, the existing public improvements should be better utilized through the increased development of the Area. This better utilization is expected to have the effect of reducing the costs to the City in providing services to the Area.
Revenue Bonds: The City will issue revenue bonds for eligible projects in the Area, in accordance with Section 419.17 of the Code of Iowa, as amended, provided that approval for the issuance of revenue bonds shall be considered separately from any request incurred by the City due to the approval and issuance of the bonds. Requests for the City to issue revenue bonds for a project must be made prior to the start of any project.
Basis of Tax Exemption: Improvements eligible for exemption include rehabilitation, additions to existing structures and new construction on vacant land or land with existing structures when constructed in accordance with an approved building permit. Actual value added by eligible improvements, as cited (or referenced) in this plan, means the actual value added as of the first year for which the exemption is granted. The minimum increase in the actual value of the real estate required to be eligible for the exemptions provided in this plan shall be as required by Chapter 404 of the Code of Iowa. No change can be made once the application is approved and the exemption is granted.
1. All qualified real estate assessed as residential property is eligible to receive an exemption from taxation based on the actual value added by the improvements, up to a maximum assessed value of $160,000 for the new improvements. The exemption is for a period of five (5) years. The amount of the exemption is equal to one-hundred percent (100%) of the actual value of the improvements for year one and year two, and fifty percent of the actual value of the improvements for year three, year four, and year five. However, the amount of the actual value added by the improvements which shall be used to compute the exemption shall not result in the actual value of the qualified real estate being reduced below the actual value on which the homestead credit is computed under section 425.1.
2. All qualified real estate assessed as commercial or industrial property is eligible to receive an exemption from taxation based on the actual value added by the improvements. The exemption is for a period of three (3) years. The amount of the exemption is equal to one-hundred percent (100%) of the actual value of the improvements.
Newton City-Wide Urban Revitalization Plan Page 2 March 20136
3. As an alternative to Section 2 above, at the choice of the property owner, all qualified real estate assessed as commercial or industrial property is eligible to receive a partial exemption from taxation based on the actual value added by the improvements. The partial exemption is for a period of ten (10) years. The amount of the partial exemption is determined as follows: First year, eighty percent (80%); Second year, seventy percent (70%); Third year, sixty percent (60%); Fourth year, fifty percent (50%); Fifth and sixth years, forty percent (40%); Seventh and eighth years, thirty percent (30%); and ninth and tenth years, twenty percent (20%).
4. Within the geographical area covered by City Council Resolution No. 99- 134 that being the Resolution establishing the East 12th Street Urban Renewal Area, Tax Abatement shall not be allowed.
4. All qualified real estate assessed as multi-residential property is eligible to receive an exemption from taxation based on the actual value added by the improvements. The exemption is for a period of five (5) years. The amount of the exemption is equal to one-hundred percent (100%) of the actual value of the improvements for each of the five years.
5. Within the geographical area covered by City Council Resolution No. 99- 115, dated June 21, 1999, that being a Resolution of Annexation, the area being further identified as the Southeast Interchange Economic Development Area as shown on Exhibit 3 to this Plan, Tax Abatement shall be available only to industrial property. The applicable tax abatement schedule shall be for a period of five years, as follows: 75 percent in year one, 60 percent in year two, 45 percent in year three, 30 percent in year four, and 15 percent in year five. All other terms, conditions, qualification criteria, and definitions of the Plan shall apply equally to this area.
65. Within the geographical area identified as the North Central Urban Renewal Area as shown on Exhibit 43 to this Plan, Tax Abatement shall be available only to property classified as Residential and shall begin with Assessment Year 2008. All other terms, conditions, qualification criteria, and definitions of the Plan shall apply equally to this area.
Application Procedures: An application for exemption shall be made on the forms provided by the Community Development Planning and Zoning Department, as shown as Exhibit 5. A separate application will be required and filed for each new exemption claimed. The application for an exemption shall be filed by the owner(s) of record of eligible property with the City Council through the Planning and Zoning Department by the first day of February of the assessment year for which the exemption is first claimed, but not later than the year in which all improvements are first assessed.
The City Council shall approve applications submitted if:
Newton City-Wide Urban Revitalization Plan Page 3 March 20136 a) The improvements, as determined by the City Council, are in conformance with this plan; and, b) The project is located within the Area; and c) The improvements were made during the time the Area was so designated
All applications approved by the City Council shall be forwarded to the County Assessor for review, pursuant to Section 404.5 of the Code of Iowa, no later than the first day of March of each year with a statement indicating the authorized exemption. The County Assessor shall make a physical review of all properties with approved applications. The County Assessor shall determine the increase in actual value for tax purposes, if any, due to the improvements and notify the applicant of that determination. The value may be appealed to the local Board of Review pursuant to Section 441.37 of the Code of Iowa. After initial tax exemption is granted, the County Assessor shall continue to grant the tax exemption for the period specified on the approved application. The tax exemptions for the succeeding years shall be granted without the owner(s) having to file an application for the succeeding years.
Relocation: Any owner(s) requesting exemption for improvements made to an existing residential dwelling unit shall be required to provide evidence, prior to approval of any exemption, that compensation has been paid to the tenant in the amount of at least one (1) month’s rent, if the tenant was: a) Displaced due to improvements, directly or indirectly, for which an exemption is requested; and, b) The legal occupant of the residential dwelling unit has occupied the dwelling continuously for at least one (1) year prior to completion of the improvements for which an exemption is requested. Evidence of payment of relocation shall be a statement signed by the tenant that one (1) month’s rent has been paid (prior to the date of the approval of the application for exemption) and a copy of the receipt for such payment signed by the owner(s) and tenant.
On all applications for exemption for improvements to existing residential dwelling unit(s), the applicant shall provide evidence of the relocation payment or indicate on the application that no tenants are eligible and the relocation requirement does not apply.
Additional Conditions: The following conditions also must be met by the applicant for approval of an application for exemption: a) A residential or multi-residential dwelling unit for which an exemption is requested must, prior to or as a result of the improvements, be in compliance with the minimum requirements of the Newton Minimum Housing Code. b) The improvements for which an exemption is requested shall be completed in accordance with an approved building permit and the building permit number entered on and made part of the application. The
Newton City-Wide Urban Revitalization Plan Page 4 March 20136 improvements shall have passed a final building inspection and received a Certificate of Occupancy. c) Improvements for which an exemption is requested shall be in conformance with the Newton Zoning Ordinance.
Other Sources of Revitalization Funds: Financial sources for improvements are available from usual commercial lending institutions.
Duration: This plan shall take effect on the effective date of the ordinance designating the Area and shall continue to be in effect until February 28, 2015 December 31, 2023, provided that:
a) The City Council may find, after review of the impact of the plan, that the plan need be extended shall pass a resolution stating the number of years the plan is extended; and, b) If the plan, as determined by the City Council, is no longer of benefit to the City, the City Council may repeal the ordinance designating the Area prior to the expiration of the original or extended period. In the event the ordinance is repealed all existing exemptions shall continue until their expiration.
Owners of Record and Existing Assessed Valuations: A list of the names, addresses, and assessed valuations for land and buildings of the owners of record of all real estate within the designated Area is kept on file at the Jasper County Auditor’s Office.
Newton City-Wide Urban Revitalization Plan Page 5 March 20136 Exhibit 1- City Limits Description:
Part of Township 79 and 80 North, Range 19 West of the 5th P.M. and Township 79 North, Range 18 West of the 5th P.M., Jasper County, Iowa, described as:
Beginning at the NW corner of the South half of the SW Quarter of Section 24-80-19; Thence East along the North line to the NE corner of the said South half of the SW Quarter of Section 24-80-19; Thence South along the East line of the SW Quarter of said Section 24-80-19 and the East line of the NW Quarter of Section 25-80-19, to the center of said Section 25-80-19; Thence West along the South line of the NW Quarter of said Section 25-80-19, 1208.5 ft. to the East right-of-way line of E. 31st St. N.; Thence Southerly along said East right-of-way line to a point 180 ft. North of the centerline of N. 4th Ave. E.; Thence East along a line 180 ft. normally distant Northerly and parallel to the centerline of North 4th Avenue East, to a point 183 ft. East of the centerline of East 31st Street North said point being 180 ft. North and 183 ft. East of the SE corner of the SW Quarter of the SW Quarter of Section 25 of said Township 80; Thence South along a line 183 ft. normally distant Easterly and parallel to the centerline of E. 31st St. N. to the North right-of-way line of U.S. Hwy. 6; Thence Easterly along said right-of-way line to the West line of the NE Quarter of Section 36-80-19; Thence North along said West line to the North Quarter corner of said Section 36; Thence East along the North line of said Section 36 to the NE corner of said Section 36; Thence South along the East line of said Section 36 to the North right-of-way line of U.S. Hwy. 6; Thence Southwesterly along said North right-of-way line to a point lying normal to a point on the centerline of said U.S. Hwy. 6, 50 ft. East of the West line of said Section 36 as measured along U.S. Hwy. 6 centerline; Thence Southeasterly through said point on centerline to a point on the South right-of-way line of said U.S. Hwy. 6 lying normal to said centerline point; Thence Southwesterly along said South right-of-way line to the East line of the West half of said Section 36; Thence South along the East line of the West half of said Section 36 to the NW corner of the South half of the SW Quarter of the SE Quarter of said Section 36; Thence East along the North line of said South half of the SW Quarter of the SE Quarter to the NE corner of said South half of the SW Quarter of the SE Quarter; Thence South along the East line of said SW Quarter of the SE Quarter to the South line of said Section 36; Thence East along said South line of Section 36 to the SE corner of said Section 36; Thence South along the East line of Section 1 of said Township 79 to the Southeast corner of the NE Quarter of the NE Quarter of said Section 1; Thence West, 94.1 ft. to the Westerly right-of-way line of a public highway (Interstate Highway #80); Thence Southerly and Westerly along said right-of-way line to a point 150 ft. East of the East line of the West half of the West half of said Section 1; Thence South along a line 150 ft. normally distant Easterly and parallel to said East line, to a point on the South right-of-way line of Interstate Highway #80; Thence easterly along South right-of-way line of Interstate Highway #80 to a point on the East line of the SE Quarter of Section 1-79-19; Thence continuing Easterly along the South right-of-way line of Interstate Highway #80 to a point on the East line of the SW Quarter of the NW Quarter of Section 6-79-18; Thence South along said East line and the East line of the NW Quarter of the SW Quarter of Section 6-79-18 to the SE corner of said NW Quarter, SW Quarter, Section 6-79-18; Thence West along the South line of the NW Quarter of the SW Quarter of Section 6-79-18 and the South line of the North half of the South half of Section 1-79-19 to a point on the East right-of-way line of E. 28th St. S.; Thence North along said East right-of-way line to a point 759 ft. South of the North line of the NW Quarter of the SW Quarter of Section 1-79-19; Thence East 574 ft.; Thence North 576 ft. to a point 183 ft. South of the North line of the NW Quarter of the SW Quarter of Section 1- 79-19; Thence West along a line 183 ft. normally distant Southerly and parallel to the North lines of the South half’s of Sections 1 and 2 of said Township 79 to the West line of the NE Quarter of the SE Quarter of said Section 2; Thence South, 109 ft. along said West line; Thence East 205 ft.; Thence South 257 ft.; Thence East 1208 ft. to the East line of said Section 2; Thence South along said East line to a point 386.44 ft. north of the SE corner of Section 2; Thence S.41°55'23"E., 341.01 ft.;Thence N.87°14'10"E., 13.42 ft.;Thence S.3°34'43"E., 16.77 ft.; Thence S.41°55'23"E., 135.69 ft. to the South line of Section 1;Thence N.87°14'10"E., 37.81 ft. along said South line;Thence S.3°13'36"E., 46.89 ft.; Thence S.41°55'23"E., 3,299.11 ft.; Thence S. 50°27'14" E., 66.09 ft. to the South line of the SE Quarter of the NW Quarter of said Section 12;Thence N.87°06'35"E., 217.94 ft. to the center of Section 12; Thence S.3°05'49"E., 1,003.12 ft. along the East line of the NE Quarter of the SW Quarter of said Section 12; Thence S.41°55'23"E., 630.52 ft.;Thence S.87°01'55"W., 359.31 ft.; Thence N.41°55'23"W., 216.74 ft. to the South line of said NE Quarter of the SW Quarter;
Newton City-Wide Urban Revitalization Plan Page 6 March 20136 Thence S.87°03'35"W., 1,234.89 ft. along said South line to the SW corner of the NE Quarter of the SW Quarter;Thence N.3°11'04"W., 622.19 ft. along the West line of said NE Quarter of the SW Quarter;Thence N.41°55'23"W., 4,281.78 ft. to the West line of the NE Quarter of the NE Quarter of said Section 11; Thence N.3°13'22"W., 36.44 ft. to the NW corner of said NE Quarter of the NE Quarter; Thence North 33.0 ft. along the East line of the SW Quarter of the SE Quarter of Section 2 to the North right-of- way line of the county road; Thence West along said North right-of-way line to the West line of said SW Quarter of the SE Quarter; Thence North along the West line of said SW Quarter of the SE Quarter and the NE Quarter of the SW Quarter of Section 2 to a point 963.9 ft. South of the center of said Section 2; Thence N.33°00'W., to a point 183 ft. South of the North line of the SW Quarter of said Section 2; Thence West along a line 183 ft. normally distant Southerly and parallel to the North lines of the South half’s of Sections 2 and 3 of said Township 79 to a point 150 ft. East of the East right-of-way line of East 5th Street South;Thence South 167 ft.; Thence West 240 ft. to the East line of the NE Quarter of the SW Quarter of Section 3; Thence North along said East Line to a point 222.24 ft. South of the NE corner of said NE Quarter of the SW Quarter; Thence S.80°39'W. to the centerline of the abandoned C.R.I. & P. railroad; Thence Southeasterly along said centerline to the South line of Lot 2 of the Subdivision of the NE Quarter of the SW Quarter of said Section 3 extended to said centerline; Thence West along said South line to the Southwest corner of said Lot 2; Thence Northwesterly along the West line of said Lot 2 to a point 350 ft. South of the North line of the South half of said Section 3; Thence West along a line 350 ft. normally distant Southerly and parallel to the North lines of the South half’s of Sections 3 and 4 of said Township 79 to a point which lies 500 ft. East of the West line of the NE Quarter of the SW Quarter of Section 4;
Thence South along a line 500 ft. normally distant Easterly and parallel to said West line to the South line of said NE Quarter of the SW Quarter; Thence West 200 ft.; Thence South along a line 300 ft. normally distant Easterly and parallel to said West line of the SE Quarter of the SW Quarter to the South line of said Section 4; Thence West 300 ft. to the SW corner of the SE Quarter of the SW Quarter of said Section 4; Thence North along the West line of the SE Quarter of the SW Quarter and the NE Quarter of the SW Quarter to a point 466.7 ft. North of the SE corner of said NW Quarter of the SW Quarter;Thence West 466.7 ft.; thence South 466.7 ft. to the South line of said NW Quarter of the SW Quarter of said Section 4; Thence West along said South line to the SE corner of Lot 6 of the Subdivision of said NW Quarter of the SW Quarter; Thence North 208.7 ft. along the East line of said Lot 6 to the Northeast corner of said Lot 6; Thence West 208.7 ft. along the North line of said Lot 6 to the East right-of-way line of West 18th Street South; Thence South along said East right-of-way line to the South line of said NW Quarter of the SW Quarter; Thence West 150 ft. along said South line to a point 226.5 ft. East of the Southwest corner of said NW Quarter of the SW Quarter; Thence North 51.5 ft. along the extension of the West right-of-way line of West 18th Street South to the South line of Lot 5 of the Subdivision of said NW Quarter of the SW Quarter; Thence Westerly along said South line to the Southwest corner of said Lot 5; Thence Northerly along the East right-of-way line of Iowa Highway #14 to the Southwest corner of Lot 3 of the Subdivision of said NW Quarter of the SW Quarter; Thence Northeasterly along the South line of said Lot 3 to the SE corner of said Lot 3; Thence North along the East line of said Lot 3 to a point 350 ft. South of the North line of said NW Quarter of the SW Quarter; Thence West along a line 350 ft. normally distant Southerly and parallel to the North lines of the South half’s of Sections 4 and 5 of said Township 79 to the East line of the NW Quarter of the SE Quarter of said Section 5; Thence South along said East line to the SE corner of said NW Quarter of the SE Quarter; Thence West along the South line of said NW Quarter of the SE Quarter to the Easterly right-of-way line of the Iowa Interstate Railroad (IAIS); Thence Northerly along said Easterly right-of-way line to a point 150 ft. West of the East line of Section 32 of said Township 80; Thence North along a line 150 ft. normally distant Westerly and parallel to said East line to the North line of the SE Quarter of said Section 32; Thence East 150 ft. along said North line to the Northeast corner of said SE Quarter; Thence North along the East line of said Section 32 to the Northeast corner of the SE Quarter of the NE Quarter of said Section 32; Thence East along the South line of the NW Quarter of the NW Quarter of Section 33 to the Southwest corner of Leeper's Highland Addition as shown by Plat recorded in Book 279, Page 8 in the Office of the Recorder of Jasper County, Iowa; Thence North along the West line of said Leeper's Highland Addition to the centerline of North 2nd Avenue West extended; Thence East 52.5 ft. along said centerline; Thence North to the North line of Section 33; Thence West along said North line to the NE corner of Lot E of the Subdivision of the NW Quarter of the NW Quarter of Section 33; Thence South 150 ft. along the East line of said Lot E; Thence West 82.5 ft. to the West line of said Lot E;
Newton City-Wide Urban Revitalization Plan Page 7 March 20136 Thence North 150 ft. along the West line of said Lot E to the North line of Section 33; Thence West along said North line to a point 180 ft. East of the West line of the SW Quarter of Section 28; Thence North along a line 180 ft. normally distant Easterly and parallel to the West line of the SW Quarter of Section 28 to the North line of the SW Quarter of the said SW Quarter; Thence East along said North line to the west right-of-way line of Iowa Highway #14; Thence Northeasterly along the West right-of-way line of Iowa Hwy. 14 to the South line of the North half of the NW Quarter of Section 28; Thence West to a point lying 850 ft. West of the East line of the NE Quarter of the NE Quarter of Section 29; Thence North along a line lying 850 ft. normally distant westerly and parallel to the East line of the NE Quarter of the NE Quarter of Section 29 and the SE Quarter of the SE Quarter of Section 20 to the North line of said SE Quarter of the SE Quarter of Section 20; Thence East along the North lines of the SE Quarter of the SE Quarter of Section 20 and the South half of the SW Quarter of Section 21 to the Northeast corner of the SE Quarter of the SW Quarter of said Section 21; Thence South along the East line of said SE Quarter of the SW Quarter to the South Quarter corner of said Section 21; Thence East along the South line of the SE Quarter of Section 21 to the West right-of-way line of Iowa Hwy. #14; Thence Northeasterly along said West right-of-way line of Iowa Hwy. #14 to the North line of the South 902.6 ft. of the SE Quarter of the SE Quarter of said Section 21; Thence East along the said North line to the East right-of-way line of Iowa Hwy. 14; Thence Northeasterly along said East right-of-way line to the NW corner of Lot 2 of the Subdivision of the SE Quarter of the SE Quarter of Section 21; Thence Easterly to the NE corner of said Lot 2; Thence South 409 ft. to the SE corner of said Lot 2; Thence East 403.5 ft. to a point on the East line and 416 ft. South of the Northeast corner of said SE Quarter of the SE Quarter; Thence South along said East line to a point 183 ft. North of the Southwest corner of Section 22; Thence Easterly along a line 183 ft. normally distant Northerly and parallel to the South line of Section 22, to the East line of the SW Quarter of said Section 22; Thence North, 725 ft., along said East line; Thence East 620 ft.; thence South 725 ft.; Thence East along a line 183 ft. normally distant Northerly and parallel to the South lines of Section 22 and 23, to the Easterly right-of-way line of the IAIS railroad; Thence Northeasterly along said Easterly right-of-way line to a point 33 ft. West of the East line of the SW Quarter of Section 23; Thence South along a line 33 ft. normally distant Westerly and parallel to said East line of the SW Quarter to a point 183 ft. North of the South line of said SW Quarter; Thence East 216 ft. to a point 183 ft. East of the East line of said SW Quarter; Thence South along a line 183 ft. normally distant Easterly and parallel to the West lines of the SE Quarter of Section 23 to the South line of said Section 23; Thence east along said South line to a point 250.68 feet west of the SE corner of said Section 23; Thence North 80.33 feet along a line with an assumed bearing of N 00°00’00” W to the North Right-of-Way line of North 19th Avenue East; Thence N 29°52’35” W, 545.07 feet; Thence N 06°40’05” W, 249.21 feet; Thence N 43°42’50” W, 38.43 feet; Thence N 22°51’00” W, 188.94 feet; Thence N 32°59’10” W, 135.17 feet; Thence N 26°20’10” W, 270.37 feet; Thence N 52°25’15” W, 481.58 feet; Thence N 24°49’45” W, 336.57 feet; Thence N 43°11’20” W, 275.42 feet to the South line of the Iowa Interstate Railroad Right-of-Way; Thence northeasterly along said south Right-of-Way line to the east line of said Section 23; and Thence south along the East line of said Section 23 to the NW corner of the South half of the SW Quarter of Section 24- 80-19, which is the point of beginning.
Newton City-Wide Urban Revitalization Plan Page 8 March 20136 Exhibit 2- City Limits Map:
Newton City-Wide Urban Revitalization Plan Page 9 March 20136 Exhibit 3- Map of Former Southeast Interchange Economic Development Area:
Newton City-Wide Urban Revitalization Plan Page 10 March 20136
Exhibit 4 3- Map of North Central Urban Renewal Area:
Newton City-Wide Urban Revitalization Plan Page 11 March 20136 Exhibit 5 4- Application Form:
Application for Tax Abatement Newton City-Wide Urban Revitalization Area
Please Type or Print
Applicant (Owner of Record): Phone No.
Address: City: State: ZIP:
Address of Property for which Tax Abatement Is Requested:
, Newton, Iowa
Type of Building Improvements: Building Permit No: ______
Permit Value: Date Construction Completed:
Type of Tax Abatement Applying for (check ONLY one):
Residential assessed property consisting of one (1) or two (2) separate living quarters or accessory structures such as garages– one hundred percent (100%) exemption on the value added by the improvements, capped at $160,000, for a period of two (2) years, followed by fifty percent (50%) exemption on the value added by the improvements for a period of three (3) years.
Multi-Residential assessed property consisting of three (3) or more separate living quarters one hundred percent (100%) exemption on the value added by the improvements for a period of five (5) years.
Commercial or Industrial assessed property - one hundred per cent (100%) exemption on the value added by the improvements for a period of three (3) years.
Commercial or Industrial assessed property - Partial exemption on the value added by the improvements on the following schedule: first year, eighty percent (80%); second year, seventy percent (70%); third year, sixty percent (60%); fourth year, fifty percent (50%); fifth and sixth years, forty percent (40%); seventh and eighth years, thirty percent (30%); and ninth and tenth years, twenty percent (20%).
Acknowledgments (1) There were no tenants displaced by this construction, or if tenants were displaced, relocation payments were made. (2) The applicant certifies that all information in this application, and all information furnished in support of this application is given for the purpose of obtaining an exemption from taxes on improvements and is true and complete to the best of the Applicant's knowledge and belief. Verification may be obtained from any source named herein.
Signature of Applicant: Date Signed:
Due Date: Must be returned to 1700 N. 4th Ave. W., Newton, IA 50208 by February 1 following the completion of construction.
City Council Action: Approved (Resolution ) Date:
Denied Explanation: County Assessor Action:
Reviewed and Approved Date:
Assessed Valuation of Improvements Approved for Tax Abatement: $ ______
Reviewed and Disapproved Explanation: Newton City-Wide Urban Revitalization Plan Page 12 March 20136 Date Notification Sent : City of Newton Council Report
Item: Ordinance to amend various sections of the Code of Ordinances, City of Newton, Iowa, 2016, Title IX, Chapter 90, regarding “Animals”. Report Number: 16-272 Summary: Amend the ordinance to define standard of care for domestic animals, add a Date: December 5, 2016 violation for animals left in vehicles. Revise the vicious and problematic dog requirements, Lead Department: Police hearing procedures and Animal Review Department Committee structure. Recommendation: Financial Impact: N/A Approve
Background: Over the past 3 years there have been numerous changes to the City’s animal ordinance in an effort to ensure a higher level of animal control and improve the overall safety of the community. The Police Department works closely with the Jasper County Animal Rescue League (JCARL) and over the past year have been assessing the current ordinance as it pertains to the standard of care for domestic animals as well as safety provisions as it relates to animals being kept within vehicles. The vicious and problematic dog ordinance has also been in effect for nearly 2 years and challenges relating to that ordinance have also brought rise to some needed amendments.
Standard of Care The current Code of Ordinances does not detail the standard of care animals (excluding livestock) should have within the City limits. The lack of an ordinance makes it problematic for the JCARL and the Police Department to enforce issues as it relates to proper housing, food, water, sanitation and medical care. The proposed ordinance details the standard of care that is expected of animal owners within the City and provides penalties for failing to do so. The proposed ordinance will require a higher level of safety and care than what is currently provided and will lead to a higher quality of life for many animals within the community.
Animals in Motor Vehicles Animals are occasionally left in vehicles during conditions that are not ideal for their health and welfare. Neither the Newton Code of Ordinances nor the State of Iowa Code directly addresses the issue of leaving an animal in a vehicle during potentially perilous conditions. The proposed ordinance would prohibit animal owners from leaving their pets within a vehicle during times of extreme heat or cold without proper ventilation or other protections from the heat or cold. The ordinance would give the Police Department, Fire Department or the JCARL the right to forcibly enter a vehicle and remove the animal if it was deemed that the life or safety of the animal was in jeopardy as a result of being left within the vehicle. Neither the City nor the JCARL would be liable for any damage caused by the removal of the animal and veterinary care or impound fees would be the responsibility of the animal owner.
Vicious and Problematic Dogs The latest version of the vicious and problematic dog ordinance has been in effect since the fall of 2014. Since inception 12 dogs have been declared problematic and 6 dogs have been deemed vicious. There have been 2 vicious animal hearings, both of which occurred in 2016.
The Police Department and JCARL have worked extensively with the ordinance to ensure the safety of the community. New policies and procedures have been developed and an understanding from both agencies has helped make the process more efficient. By working through many cases, several pieces of the ordinance have been identified as needing amended to further improve the utility of the requirements and outline clearer expectations and procedures for the review committee.
The current ordinance outlines that a dog that is at large 2 or more times within a 12 month period shall be declared problematic. This has been problematic as there have been several occurrences where a dog has gotten out 2 times within a day or weekend and would rise to that threshold quite quickly. The proposed ordinance raises the number of times to 4 or more occurrences within a 12 month period before a dog is declared problematic.
In the current ordinance the Animal Review Committee is a three-member board appointed by the City Council consisting of a member of the public, a dog professional and the Police Chief or his or her designee for the purpose of making a determination of whether a dog is a problematic or vicious dog. In order to alleviate the appearance of favoritism or a biased committee, the proposed ordinance changes the Animal Review Committee to the following configuration: a member of the public, an animal professional and a City employee. This removes the Police Chief’s designee and broadens the terminology of dog professional to animal professional.
In relation to the hearings and appeals, the proposed ordinance would allow the Police Chief to rescind or amend a problematic dog order after one year at the request of the animal owner if no further incidents occurred in the previous 12 months. If the Police Chief determines to stay the order, the animal owner could then appeal to the Animal Review Committee. The current ordinance does not allow for appeals past the original declaration and the dog is deemed problematic for life without the possibility of requirements being lifted or amended. The proposed ordinance also allows an owner of a vicious dog to appeal the Animal Review Committee after one year to request the declaration to be rescinded or amended. The current ordinance does not allow for appeals past the original declaration and the dog is deemed vicious for life without the possibility of requirements being lifted or amended.
Further, the proposed ordinance clearly defines the scope of what the Animal Review Committee can do procedurally and outlines a narrow scope for decision making and provides better guidance for deciding whether a vicious or problematic dog declaration should be maintained, amended or overturned.
Finally, the proposed ordinance redefines what is classified as provocation in relation to a problematic or vicious dog declaration.
Recommendation Staff recommends approval of the proposed Animal ordinance.
Jarrod Wellik Interim City Administrator
Attachments ORDINANCE NO ______ORDINANCE TO AMEND VERIOUS SECTIONS OF THE CODE OF ORDINANCES, CITY OF NEWTON, IOWA, 2016, TITLE IX, CHAPTER 90, REGARDING “ANIMALS” WHEREAS, the City Council of Newton previously adopted ordinances relating to the regulation of animals within the City; and
WHEREAS, many of the animal regulations have been in existence for a number of years without substantial amendment; WHEREAS, the City Council has determined that it is in the best interest of the City to update and to clarify the City regulations and procedures regarding the treatment, care, licensure, feeding and possessions of animals.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NEWTON DOES ORDAIN AS FOLLOWS: SECTION 1. Title IX, Chapter 90, Section 02 is hereby amended by adding the underlined text as set forth in Attachment A, attached hereto and by this reference made a part hereof. SECTION 2. Title IX, Chapter 90, Section 03 is hereby amended by adding the underlined text as set forth in Attachment B, attached hereto and by this reference made a part hereof. SECTION 3. Title IX, Chapter 90, Section 07 is hereby amended by deleting the language which is stricken and by adding the underlined language as set forth in Attachment C, attached hereto and by this reference made a part hereof. SECTION 4. Sections 17, Standard of Care, and 18, Animals in Motor Vehicles, are hereby added to Title IX, Chapter 90 with the text as set forth in Attachment D, attached hereto and by this reference made a part hereof. SECTION 5. Title IX, Chapter 90, Sections 51, 52, 53, 54, 55, 56 are hereby amended by deleting the language which is stricken and by adding the underlined language as set forth in Attachment E, attached hereto and by this reference made a part hereof. SECTION 6. REPEALER. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTION 7. 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 8. WHEN 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.
Michael L. Hansen, Mayor
ATTEST:
Katrina Davis, City Clerk
I, Katrina Davis, City Clerk of the City of Newton, Iowa, do hereby certify that the foregoing Ordinance was passed and approved by the City Council of the City of Newton, Iowa on the ____ day of ______, 2016 and was published in the Newton Daily News, a newspaper of general circulation in the said City of Newton on the _____ day of ______, 2016. Dated this ____ day of ______, 2016. ATTACHMENT A
§ 90.02 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Words used in the singular include the plural and the plural the singular, the masculine gender includes the feminine and the feminine the masculine.
ABANDON. Ceasing to provide control over, shelter, food and water for an animal without having made responsible arrangements for such care, custody and physical control to be provided by another person.
ANIMAL. Every wild, tame or domestic member of the animal kingdom other than the genus and species Homo sapiens.
CAT. Both male and female animals of the feline species, whether neutered or not. DANGEROUS ANIMAL. (1) Any animal which is not naturally tame or gentle, and which is of a wild nature or disposition, and which is capable of killing, inflicting serious injury upon, or causing disease among, human beings or domestic animals and having known tendencies as a species to do so; (2) Any animals declared to be dangerous by the City Administrator or the City Administrator’s designee; and
(3) The following animals which shall be deemed to be DANGEROUS ANIMALS per se: (a) Artiodactyla of the family Antilocapridae which includes pronghorns; (b) Artiodactyla of the family Cervidae which includes moose and caribou; (c) Artiodactyla of the family Suidae and the genus and species Sus scrofa (domestic swine and wild boar) which includes all male and female wild boars; this shall not apply to breeds of domesticated miniature pigs, as regulated by § 90.13 of this chapter; (d) Bovidae - males only (bulls); (e) Carnivora of the family Canidae which includes wolves and foxes, but excluding domestic dogs; (f) Carnivora of the family Felidae which includes lions, lynx, and bobcats, but excluding domestic cats; (g) Carnivora of the family Mustelidae which includes badgers, wolverines, weasels and skunks, except ferrets; (h) Carnivora of the family Procyonidae which includes raccoons; (i) Carnivora of the family Ursidae which includes bears; (j) Chelonia of the family Chelydridae (snapping turtles); (k) Crocodilia which includes crocodiles and alligators; (l) Chiroptera (bats); (m) Proboscidae (elephants); (n) Rodentia of the family Muridae (rats), except white rats kept as household pets; (o) Squamata of the suborder Ophidia (snakes) which are venomous; and (p) Squamata of the suborder Ophidia (snakes) which are constrictors that are greater than six feet in length. (2011 Code, § 13.0302) (Ord. 2189, passed 4-10-2012; Ord. 2205, passed 1-28-2013) ATTACHMENT B
§ 90.03 DOGS, CATS, PIGS AT LARGE.
(A) (1) Dogs and pigs properly identified as required by law shall be deemed at large if the animal is off the premises of the owner. A dog or pig shall not be deemed at large if: (a) On the premises of its owner; (b) Off the premises of the animal’s owner and under the control of a person given charge of the dog by the owner by leash, cord, chain or other similar restraint not more than six feet in length; (c) Confined within a motor vehicle; or (d) Properly housed in a veterinary hospital or kennel or commercial establishment as defined by Iowa Code Ch. 162. (2) Cats are allowed to be unrestrained any time within the city, except agents and agencies responsible for animal control within the city are hereby authorized to temporarily seize any cat running at large within the city for the limited purposes of ascertaining whether such cat is currently licensed and vaccinated for rabies. Upon confirmation of current license and rabies tags, such cat shall be immediately released. In the absence of a current license or rabies tag, such cat shall be impounded as provided hereinafter. (3) A cat, properly licensed and displaying such license as required by law, shall not be deemed at large if the cat is not causing damage or interfering with property of another. (2011 Code, § 13.0303) (B) No owner, or person in charge, of any licensed or unlicensed dog, or any cat, or any pig, shall permit such dog or cat or pig to run at large in the city at any time as described in division (A) above. (2011 Code, § 13.0319) (Ord. 2189, passed 4-10-2012; Ord. 2205, passed 1-28-2013; Ord. 2247, passed 5-4- 2015) Penalty, see § 90.99
ATTACHMENT C
§ 90.07 CLEANUP.
It shall be the duty of every person owning or having the custody or control of an animal to clean up, remove and dispose of the feces deposited by such animal upon public property, park property, public right-of-way or the property of another. Failure to do so shall constitute a municipal infraction misdemeanor. (2011 Code, § 13.0309.3) Penalty, see § 90.99
ATTACHMENT D
§ 90.17 STANDARD OF CARE All owners and persons in charge of any animal shall comply with the following standards of care. Failure to comply with any standards shall be a violation of this section and constitute a municipal infraction: (A) Provide adequate food, shelter and water for that animal. No person keeping an animal shall abandon any such animal. (B) Provide adequate food, at intervals appropriate for the species, a quantity of wholesome food ingredients, suitable for the physical condition and age of the animal, served in a clean receptacle or container, sufficient to maintain an adequate level of nutrition for such animal. (C) Provide reasonable access to a supply of clean, fresh, potable water, provided in a sanitary manner. If potable water is not accessible to the animal at all times, it shall be provided daily, for such duration and of sufficient quantity as appropriate for the species. (D) Provide adequate shelter for such animal when it is kept outdoors, tangle-free, which shall mean a structurally sound, weather-proof, properly ventilated shelter, which provides access to shade from direct sunlight and regress from exposure to weather conditions. The shelter should be appropriate for the particular species and breed. (E) Provide adequate shelter for such animal when it is kept indoors, which means a properly ventilated and illuminated facility, sufficiently regulated by heating or cooling to protect the animal from extremes of temperature, and to provide for its health and comfort. It should be appropriate for the particular species and breed. (F) Provide adequate sanitation that includes periodic cleaning or sanitizing of housing facilities and any area where the animal is confined or restrained, to remove excreta and other waste materials and dirt, so as to minimize vermin infestation, odors and disease hazards. (G) Provide adequate space, which means primary enclosures and housing facilities shall be constructed and maintained so as to provide sufficient space to allow each animal to make normal postural and social adjustments with adequate freedom of movement to maintain physical condition. (H) Provide adequate veterinary care, which means that a sick, diseased, or injured animal shall be provided with a proper program of care by a veterinarian, or humanely euthanized. All animals shall be provided with proper immunizations and preventive health care including parasite control. Exception: This section shall not apply to livestock or livestock owners as defined by Iowa Code section 169C.1 § 90.18 ANIMALS IN MOTOR VEHICLES. No owner or person in charge shall confine any animal in a motor vehicle in such a manner that places it in a life or health threatening situation by exposure to a prolonged period of extreme heat or cold, without proper ventilation or other protection from such heat or cold. In order to protect the health and safety of an animal, an animal control officer, law enforcement officer, or fire or rescue squad who has probable cause to believe that this Section is being violated shall have authority to enter such motor vehicle by any reasonable means under the circumstances after making a reasonable effort to locate the owner or other person responsible. An animal control officer, law enforcement officer, or fire or rescue squad, who removes an animal from a vehicle or enclosed space in accordance with this subsection is not liable for any resulting property damage. The person rescuing the animal shall notify the animal control officer, who may take the animal to a veterinarian for treatment or to the ARL for housing, if necessary. The cost of such treatment or housing shall be paid by the animal owner.
Attachment E
§ 90.51 DEFINITIONS.
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AT LARGE. Dogs found off premises of the owner or keeper. A vicious dog or a problematic dog shall not be deemed AT LARGE if the dog is: (1) Muzzled, attached to a leash of sufficient strength and six feet in length to control the dog where such leash is held by its owners or keeper at all time; (2) Contained within an enclosed motor vehicle or crate; or (3) Housed in a licensed veterinarians clinic or kennel.
OWNER. A person who has a right of property or custody of a dog. For purposes of this definition, a right of property or custody of a dog exists if a person knowingly permits a dog to remain on or continuously return to any premises occupied by that person for two weeks or more at a time.
PROBLEMATIC DOG. A dog that may reasonably be assumed to pose a threat to public safety as demonstrated by any of the following behaviors: (1) Causing an injury to a person or domestic animal that is less severe than a serious injury; (2) Without provocation, chases vehicles or threatens, attacks or interferes with persons or other domestic animals while the latter are on public property, irrespective of whether the dog is on private or public property; (3) Running at large, as defined herein, and impounded, or owners cited by the Police Department or the organization authorized to enforce the problematic or vicious dog law two four times for running at large within any 12-month period; (4) Acts in a highly aggressive manner within a fenced yard/enclosure and/or is tethered and appears to the animal enforcement or other law enforcement officer to be able to jump over or escape; and/or (5) Has a known propensity, tendency or disposition to attack persons or domestic animals, unprovoked, causing injury or less than serious injury, or to otherwise threaten the safety of humans or domestic animals.
PROPER ENCLOSURE. An enclosure that is sufficiently constructed and maintained to effectively prevent a dog subject to this subchapter from escaping. Such enclosure requires the following minimum requirements: (1) Problematic and vicious dogs to be securely confined within an occupied house or residence or in a securely enclosed and locked pen or kennel, except when leashed as provided in this subchapter. Such pen, kennel or structure must have secure sides and a secure top attached to the sides or, in lieu of a top, walls at least six feet in height and at least six feet taller than any internal structure; (2) All pens or other structures designed, constructed or used to confine problematic and vicious dogs must be locked with a key or combination lock when such animals are within the structure. Such structure must have a secure bottom, floor or foundation attached to the sides of the pen, or the sides of the pen must be embedded in the ground no less than two feet so as to prevent digging under the walls by the confined problematic or vicious dog; (3) Compliance with all pertinent zoning ordinances and other ordinances; and (4) No problematic or vicious dog may be kept on a porch, patio or in any part of a house or structure that would allow the dog to exit such building on its own volition.
QUARANTINE. The strict isolation imposed to prevent the spread of disease. RABIES. An acute viral disease of the central nervous system that is transmitted through the saliva from a bite or abrasion from an infected animal.
RESPONSIBLE PERSON. A person at least 18 years old who is able to keep the dog under control at all times.
REVIEW COMMITTEE. A three-member board appointed by the City Council consisting of a member of the public, an animal dog professional, and a City Employee the Police Chief or his Attachment E
or her designee for the purpose of making a determination of whether a dog is a problematic or vicious dog.
SERIOUS INJURY. Any injury causing heavy bleeding, permanent nerve damage, damage beneath the skin or stitches.
VICIOUS DOG. Any dog that has been declared or found to pose an unacceptable risk to public safety by the animal control authority, law enforcement agency or court for conduct consistent with the following: (1) Has on any single occasion caused the death or the serious injury to a person; (2) Has killed a domestic animal or pet or inflicted injury upon a domestic animal or pet such that the domestic animal or pet later dies or is euthanized due to the attack; (3) Has previously been designated as a “problematic dog” by this or any other jurisdiction, and engages in behavior that poses a threat to public safety as described herein on two or more occasions; (4) Has previously been designated as “vicious dog” by this jurisdiction or its substantial equivalent by any other jurisdiction; and (5) Has engaged in or has been trained to engage in exhibitions of fighting. (Ord. 2239, passed 11-4-2014) § 90.52 DETERMINATION OF PROBLEMATIC DOGS.
(A) After an investigation, the Police Chief or his or her designee is authorized to make a determination whether a dog is problematic based on the factors listed in § 90.51 of this chapter and shall notify the owner of the dog in writing by certified mail or hand delivery with signature of that status. (B) Following attempted notice to the owner if the Police Chief or his or her designee has probable cause to believe that a dog is a problematic dog and may pose a threat to public safety, the Police Department may, by owner consent or warrant, impound the dog pending disposition of the case or until the dog owner has fulfilled the requirements hereof. The owner of the dog will be liable for the costs of impounding and keeping the dog. (C) The owner may request a hearing before a review committee by sending a written notice to the City Clerk within 15 days after the date of notice from the city of the determination of a problematic dog. Upon receipt of a request for hearing, the review committee shall schedule a hearing concerning the determination of a problematic dog to be held within 30 days after receipt by the city of the request for hearing. The determination regarding a problematic dog shall be stayed pending the results of the hearing. After the hearing, the review committee may amend or reverse the determination of the problematic dog. A decision by the review committee overturning the determination shall not affect the city’s right to later declare a dog to be problematic or a vicious dog, or to determine that the dog poses a threat to public safety, for the dog’s subsequent behavior. (D) If the owner timely requests a hearing before the review committee pursuant to section 90.52(C), such hearing shall follow the following procedures: (a) A hearing officer appointed by the review committee shall impartially preside over the hearing. (b) Each case before the hearing officer shall be presented by the Police Chief or his or her designee who will have the burden of presenting evidence that the dog is a problematic dog and should be classified as such. If the evidence indicates that the dog is problematic, the burden is on the owner to present evidence that the dog is not problematic. At the hearing, the Chief of Police or his or her designee may call witnesses, cross examine witnesses, present evidence, and examine evidence. (c) All testimony shall be under oath and shall be recorded. The hearing officer shall hear testimony from the animal control officer, the owner of the dog, and any witnesses for either side. Formal rules of evidence shall not apply, but fundamental due process shall be observed and shall govern the proceedings. (d) At the conclusion of the hearing, the hearing officer shall issue findings of fact, based on evidence of record and conclusions of law, and shall issue an order classifying a dog as problematic, or an order stating that there’s insufficient cause to declare the dog as problematic. A decision by the review committee overturning the determination shall not affect the city’s right to later declare a dog to be a problematic Attachment E
dog, or to determine that the dog poses a threat to public safety, for the dog’s subsequent behavior. (e) Nothing in this section shall prohibit a hearing officer from taking a case under advisement or continuing a hearing in the interest of justice. (Ord. 2239, passed 11-4-2014) § 90.53 DETERMINATION OF VICIOUS DOGS.
(A) After an investigation, the Police Chief or his or her designee is authorized to determine whether a dog is vicious based on the factors listed in § 90.51 of this chapter, and shall notify the owner of the dog in writing by certified mail or hand delivery with signature of that status. (B) (1) Following attempted notice to the owner, if the Police Chief or his or her designee has probable cause to believe that a dog is a vicious dog and may pose a threat to public safety, the Police Department may obtain a search warrant pursuant to this jurisdiction’s rules of civil procedure and impound the dog pending disposition of the case or until the dog owner has fulfilled the requirements of § 90.55 of this chapter. (2) The owner of the dog will be liable for the costs of impounding and keeping the dog. (C) (1) The owner may request a hearing before a review committee by sending a written notice to the City Clerk within 15 days after the date of notice from the city of the determination of a vicious dog. Upon receipt of a request for hearing, the review committee shall schedule a hearing concerning the determination of a vicious dog to be held within 30 days after receipt by the city of the request for hearing. The determination regarding a vicious dog shall be stayed pending the results of the hearing. (2) After the hearing, the review committee may amend or reverse the determination of the vicious dog. A decision by the review committee overturning the determination shall not affect the city’s right to later declare a dog to be a vicious dog, or to determine that the dog poses a threat to public safety, for the dog’s subsequent behavior. If the owner timely requests a hearing before the review committee pursuant to section 90.53(C)(1), such hearing shall follow the following procedures: (a) A hearing officer appointed by the review committee shall impartially preside over the hearing. (b) Each case before the hearing officer shall be presented by the Police Chief or his or her designee who will have the burden of presenting evidence that the dog is a vicious dog and should be classified as such. If the evidence indicates that the dog is vicious, the burden is on the owner to present evidence that the dog is not vicious. At the hearing, the Chief of Police or his or her designee may call witnesses, cross examine witnesses, present evidence, and examine evidence. (c) All testimony shall be under oath and shall be recorded. The hearing officer shall hear testimony from the animal control officer, the owner of the dog, and any witnesses for either side. Formal rules of evidence shall not apply, but fundamental due process shall be observed and shall govern the proceedings. (d) At the conclusion of the hearing, the hearing officer shall issue findings of fact, based on evidence of record and conclusions of law, and shall issue an order classifying a dog as vicious, or an order stating that there’s insufficient cause to declare the dog as vicious. A decision by the review committee overturning the determination shall not affect the city’s right to later declare a dog to be a vicious dog, or to determine that the dog poses a threat to public safety, for the dog’s subsequent behavior. (e) Nothing in this section shall prohibit a hearing officer from taking a case under advisement or continuing a hearing in the interest of justice. (3) In the event that the vicious dog determination has been in place for 12 months or more, and provided there have been no further violations of the provisions of this chapter during such time, the owner may make application to the review committee to have the vicious dog designation or any requirements contained therein rescinded or amended. The owner shall make such application by providing a written request for hearing to the City Clerk. This request must state the full name of the applicant, the subject dog, and must contain a certification that no further violations of this Chapter have occurred in the twelve-month period immediately preceding such application. Within 20 days of receipt of the Application, the City Clerk shall set the matter for hearing before the review committee, which hearing shall occur no later than 45 days after the date the application was filed with the City Clerk. In rendering its decision, the review committee may consider, among other items, the severity of the incident that resulted in Attachment E
the designation, the need to protect the public from further incidents, and the likelihood of future incidents based on the history of the owner and/or the subject dog. At the conclusion of the hearing, the review committee may rescind the vicious dog designation, may rescind or amend specific requirements set forth in the designation, or may take no action. The original vicious dog determination shall remain in effect pending the results of the hearing. In the event the review committee declines to rescind or amend the vicious dog designation or any requirements contained therein, the owner may not request another hearing before the review committee for another 12 months from the date of the review committee’s decision, unless the review committee in rendering its decision shall specifically provide for a subsequent review within a shorter period of time. (Ord. 2239, passed 11-4-2014) § 90.54 EXCEPTIONS; CONSEQUENCES OF DETERMINATIONS.
(A) No dog shall be declared a vicious dog or a problematic dog if:
(1) The dog was used by a law enforcement or military official for legitimate law enforcement or military purposes; or
(2) The threat, injury or damage was sustained by a person or domesticated animal: (a) Who was provoking, tormenting, abusing or assaulting the dog or who can be shown to have repeatedly, provoked, tormented, abused or assaulted the dog; or (b) Who was committing or attempting to commit a crime.
the dog threatened, injured, or damaged a person or domestic animal because it was provoked by that person or animal. For purposes of this section, any attack by an animal or physical injury caused by an animal shall be considered provoked if at the time the attack occurs or the injury is inflicted: (1) the person or animal who was attacked or injured was teasing, tormenting, abusing, or assaulting the animal; (2) the animal was protecting a person, itself, its young, or another domestic animal from an attack by a human being or another animal; or (3) the person who was attacked or injured was committing a crime on the property or was attempting to commit a crime or violating or attempting to violate a statute or ordinance which protects person or property of the animals responsible party or (4) the animal was being utilized by a law enforcement agency for law enforcement purposes while under the control and direction of a law enforcement officer.
(B) (1) If the Police Chief or his or her designee determines that a dog is a problematic dog under § 90.52 of this chapter, the owner shall comply with the provisions of § 90.55 of this chapter and any other special security or care requirements which are reasonable. (2) The Police Chief or his or her designee may cause a dog to be quarantined for observation for a minimum period of no less than ten days when any such dog has bitten a domesticated animal or caused a skin abrasion upon any person. If said dog has a current rabies certificate, then such quarantine may be at the discretion of the person or persons in charge of animal enforcement and the quarantine occurs on the owner’s premises in a manner ordered and as directed. If the owner fails to confine the dog as directed, then it shall be apprehended and held for the remainder of the ten-day quarantine at a veterinarian’s office. If said dog has not been vaccinated against the rabies virus or the rabies vaccination has since expired then said dog will be quarantined at a veterinarian’s office for no less the ten days. If a dog is placed in quarantine outside of the home, the owner shall be required to pay the impounding fees. If the owner fails to pay the fees at the end of the period of isolation as directed by the animal enforcement authority, the animal will be turned over to the local animal shelter for assessment of adoptability. If said animal is deemed unadoptable it will be humanely euthanized. If a dog has bitten a domesticated animal or a person or caused a skin abrasion upon a person and is unclaimed or the owner is unknown, then it shall be held for a quarantine time of no less than ten days and then may be humanely euthanized. (3) If the Police Chief or his or her designee determines that a dog is a vicious dog under § 90.53 of this chapter, the owner shall comply with the provisions of § 90.55 of this chapter and any other special security or care requirements which are reasonable. (4) The Police Chief or his or her designee may require immediate impoundment of the dog if the owner is unable or unwilling to comply with the requirements of § 90.55 of this chapter until the owner of the dog has satisfied all the requirements of the certificate of registration. The requirements must be met within 30 days. If, after 30 days, the owner has not satisfied all the requirements of the certificate of registration, the dog may be humanely euthanized on the thirty-first day. The owner of the problematic/vicious dog shall be liable to the organization designated to hold said dog for all costs incurred while housing whether or not the dog is reclaimed by the owner. Attachment E
(5) If the occurrence results in the death of a person, the dog shall be euthanized. (Ord. 2239, passed 11-4-2014)
§ 90.55 REGISTRATION AND HANDLING REQUIREMENTS.
(A) The Police Department shall issue a certificate of registration to the owner of a problematic dog if the owner establishes to the satisfaction of the Police Chief, or his or her designee that: (1) The owner of the problematic dog is 18 years of age or older; (2) The owner of the problematic dog shall present a certificate of insurance issued by an insurance company licensed to do business in the state, providing personal liability insurance coverage as in a homeowner’s policy, with a minimum liability amount of $50,000 for the injury or death of any person, for damage to property of others and for acts of negligence by the owner or his or her agents. The certificate shall require notice to the city, in conformity with general city standards for certificates of insurance, if the underlying policy of insurance is cancelled for any reason. In lieu of such a certificate, a copy of a current homeowner’s policy designating these requirements shall be sufficient proof of insurance for purposes of this division (A)(2). If a certificate of insurance or policy is not immediately available, a binder indicating the coverage may be accepted for up to 30 days subsequent to the determination that a dog is problematic; however, if after 30 days a certificate of insurance or a policy has not been submitted, the dog shall be deemed unlicensed and subject to immediate impoundment or humane euthanasia at the owner’s expense; (3) A valid license has been issued for the problematic dog at the owner’s expense pursuant to jurisdiction; (4) The problematic dog has a current rabies vaccination at the owner’s expense; (5) The owner has a proper enclosure to prevent the entry of any person or animal and the escape of said problematic dog, as described in § 90.51 of this chapter; (6) The problematic dog has been spayed or neutered at the owner’s expense; (7) The problematic dog has been implanted with a microchip containing owner identification information at the owner’s expense. The microchip information must be registered with the law enforcement, the animal authority, the animal control authority or his or her designee of the jurisdiction; and (8) The problematic dog has been photographed for identification purposes. (B) The Police Department shall issue a certificate of registration to the owner of a vicious dog if the owner, in addition to satisfying the requirements for registration of a problematic dog pursuant to division (A) above, establishes to the satisfaction of the Police Chief or his or her designee that: (1) The owner will maintain the vicious dog exclusively on the owner’s property, except for medical treatment or examination; and (2) The owner of the vicious dog has posted on the premises a clearly visible “Beware of DOG” written warning sign that indicating there is a vicious dog on the property. The sign shall be very visible from the public roadway or 50 feet, whichever is less. (C) The Police Chief or his or her designee may order the immediate impoundment of a vicious dog if the owner fails to abide by the conditions for registration or confinement or handling of a vicious or problematic dog. (D) If any dog previously determined to be a problematic dog has not exhibited any of the behaviors specified in § 90.51 of this chapter within 12 months since the date of the problematic dog determination, then that dog is eligible for a review of the determination with the potential for lifting the requirements of this section; provided, however, that if the Police Chief lifts the requirements of this section, the same dog may again be declared a vicious or problematic dog if it again exhibits any of the specified behaviors. Annual Such a reviews shall be completed by the Police Chief upon application of the owner, which application shall be made to the City Clerk. The Police Chief may rescind the problematic dog designation, may rescind or amend specific requirements set forth in the designation, or may take no action. (E) If an owner applies for an annual review to the Police Chief and the owner is aggrieved by the Police Chief’s decision, the owner may make application to the review committee to have the problematic dog designation or any requirements contained therein rescinded or amended. The owner shall make such application by providing a written request for hearing to the City Attachment E
Clerk. The application must be submitted within 15 days from the date of the Police Chief’s decision to continue the problematic dog determination, must set forth the full name of the applicant and the subject dog, and must contain a certification that no further violations of this Chapter have occurred in the twelve-month period immediately preceding such application. Within 20 days of receipt of the Application, the City Clerk shall set the matter for hearing before the review committee, which hearing shall occur no later than 45 days after the date the application was filed with the City Clerk. In rendering its decision, the review committee may consider, among other items, the severity of the incident that resulted in the designation, the need to protect the public from further incidents, the likelihood of future incidents based on the history of the owner and/or the subject dog. At the conclusion of the hearing, the review committee may rescind the problematic dog designation, may rescind or amend specific requirements set forth in the designation, or may take no action. The original problematic dog determination shall remain in effect pending the results of the hearing. In the event the review committee declines to rescind or amend the problematic dog designation or any requirements contained therein, the owner may not request another hearing before the review committee for another 12 months from the date of the review committee’s decision, unless the review committee in rendering its decision shall specifically provide for a subsequent review within a shorter period of time. (Ord. 2239, passed 11-4-2014)
§ 90.56 OWNER RESPONSIBILITY.
It shall be unlawful to: (A) Keep a dog determined to be vicious or problematic without a valid certificate of registration issued under § 90.55 of this chapter; (B) Permit a problematic dog to be outside a proper enclosure unless the problematic dog is under the control of a responsible person, as defined in § 90.51 of this chapter, muzzled, and restrained by a substantial lead not exceeding six feet in length. The muzzle shall be made in a manner that will not cause injury to the dog or obscure its vision or interfere with its respiration, but shall prevent it from biting any human being or animal; (C) Fail to maintain a vicious dog exclusively on the owner’s property as required except for medical treatment or examination. When removed from the owner’s property for medical treatment or examination, the vicious dog shall be crated or under the control of a responsible person, as defined in § 90.51 of this chapter, muzzled and restrained with a substantial lead not exceeding six feet in length. The muzzle shall be made in a manner that will not cause injury to the dog or obscure its vision or interfere with its respiration, but shall prevent it from biting any human being or animal; (D) Keep a vicious or problematic dog chained or otherwise tethered to any object or structure, including, but not limited to, trees, posts, fences, buildings or other structures; (E) Fail to notify immediately the Police Department in person or by telephone upon escape if a vicious or problematic dog is on the loose, is unconfined, has attacked a domestic animal or has attacked a human being; (F) Fail to notify within seven days the Police Department with the name, address and telephone number of the new owner of the vicious or problematic dog if the dog has been sold or has been given away to an owner inside or outside the jurisdiction; and, if requested by the Police Chief or his or her designee, the owner must execute an affidavit under oath setting forth the complete name, address and telephone number of the person to whom the dog has been transferred; (G) Fail to notify, within seven days, the Police Department of a change of address or telephone number by the owner of the vicious or problematic dog; (H) Fail to notify within seven days the Police Department if the vicious or problematic dog has died; and (I) Fail to surrender a vicious or problematic dog to law enforcement, the animal control authority or his or her designee for safe confinement pending a disposition of the case when there is a reason to believe that the vicious or problematic dog poses an imminent threat to public safety. The animal owner’s property and the animal are subject to periodic inspection by the Police Department to ensure compliance with this ordinance. (Ord. 2239, passed 11-4-2014) Penalty, see § 90.99 City of Newton Council Report
Item: Ordinance amending the Code of Ordinances, City of Newton, Iowa, 2016, Title VII, Chapter 70, Section 70.15, “Traffic and Parking Schedules Adopted by Reference”, to Report Number: 16-281 lift special parking restrictions in the 700 block of E 4 ½ St S. Date: December 19, 2016
Summary: To lift parking restrictions to Lead Department: Police accommodate current use. Department Financial Impact: none Recommendation: Approve
Background: City staff received a request to lift the special parking restriction on E 4 ½ ST S from South 7th Avenue to South 8th Avenue. The current ordinance restricts parking from 8AM-4PM Monday-Friday when school is in session. Due to parking lot expansion at the NCSD this roadway is no longer used for school parking. The Traffic Safety Committee assessed this area and recommends lifting the special parking restriction for this roadway. Surveys were sent out to the neighborhood and no responses were received.
Recommendation: City Staff recommends approval of the ordinance amendment lifting restrictions in the 700 block of E 4 ½ St S.
Jarrod Wellik Interim City Administrator Attachment ORDINANCE NO. ______ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF NEWTON, IOWA, 2016, TITLE VII, CHAPTER 70, SECTION 70.15, “TRAFFIC AND PARKING SCHEDULES ADOPTED BY REFERENCE”, TO REMOVE SPECIAL PARKING RESTRICTIONS ON THE EAST SIDE OF EAST FOUR AND ONE-HALF STREET SOUTH FROM SOUTH SEVENTH AVENUE EAST TO SOUTH EIGHTH AVENUE EAST.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEWTON, IOWA:
Section 1. The Code of Ordinances, City of Newton, Iowa, 2016, Title VII, Chapter 70, Section 70.15, “Traffic and Parking Schedules Adopted by Reference” is hereby amended by adding or deleting the following:
NO PARKING ZONES. No one shall stop, stand or park a vehicle in any of the following specifically designated no parking zones except when necessary to avoid conflict with other traffic or in compliance with the direction of a peace officer or traffic control signal. STREETS, SOUTHEAST QUADRANT
East Four and One-Half Street South. "No Parking Anytime" West side from South Fifth Avenue East south to South Eighth Avenue East. “No Parking 8:00 a.m. – 4:00 p.m. Monday – Friday (School Season)” Eastside from South Seventh Avenue East to South Eighth Avenue East Section 2. Repealer Clause. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 3. Severability Clause. If any section, provision or part of this ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Section 4. Effective. This ordinance shall be effective on ______, 2016, after the final passage, approval and publication as provided by law. PASSED this ____ day of ______, 2016.
APPROVED this ____ day of ______, 2016.
(SEAL) Michael L. Hansen, Mayor
ATTEST:
Katrina Davis, City Clerk
I, Katrina Davis, City Clerk of the City of Newton, Iowa, do hereby certify that the foregoing Ordinance was passed and approved by the City Council of the City of Newton, Iowa on the ____ day of ______, 2016 and was published in the Newton Daily News, a newspaper of general circulation in the said City of Newton on the _____ day of ______, 2016.
Dated this ____ day of ______, 2016.
Katrina Davis, City Clerk City of Newton Council Report
Item: Ordinance amending the Code of Ordinances, City of Newton, Iowa, 2016, Title VII, Chapter 70, Section 70.15, “Traffic and Parking Schedules Adopted by Reference”, to Report Number: 16-282 make changes to the street parking in the 300 block of South Second Avenue East. Date: December 19, 2016
Summary: To restrict street parking for safety Lead Department: Public purposes and accommodate current use. Works Department
Financial Impact: None Recommendation: Approve
Background: S 2nd Avenue E has recently been reconstructed and the 300 block has been made wider. The 300 block of S 2nd Avenue E is now 31 feet wide and can accommodate parking on one side of the street. The current code restricts parking on the north and south sides of the street. Staff recommends that parking be allowed on the north side of the street.
Recommendation: Staff recommends approval of the ordinance amendment to change parking in the 300 block of S 2nd Avenue E.
Jarrod Wellik Interim City Administrator
Attachment ORDINANCE NO. ______ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF NEWTON, IOWA, 2016, TITLE VII, CHAPTER 70, SECTION 70.15, “TRAFFIC AND PARKING SCHEDULES ADOPTED BY REFERENCE”, TO MAKE CHANGES TO THE STREET PARKING IN THE 300 BLOCK OF SOUTH SECOND AVENUE EAST.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEWTON, IOWA:
Section 1. The Code of Ordinances, City of Newton, Iowa, 2016, Title VII, Chapter 70, Section 70.15, “Traffic and Parking Schedules Adopted by Reference” is hereby amended by adding or deleting the following: NO PARKING ZONES. No one shall stop, stand or park a vehicle in any of the following specifically designated no parking zones except when necessary to avoid conflict with other traffic or in compliance with the direction of a peace officer or traffic control signal.
AVENUES, SOUTHEAST QUADRANT
South Second Avenue East.
"No Parking Anytime".
South side from East Third Street South east to East Fourth Street South.
North side from East Fourth Street South to East Fifth Street South.
North side from East Third Street South to East Fourth Street South.
Section 2. Repealer Clause. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 3. Severability Clause. If any section, provision or part of this ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Section 4. Effective. This ordinance shall be effective on ______, 20__, after the final passage, approval and publication as provided by law. PASSED this ____ day of ______, 20__.
APPROVED this ____ day of ______, 20__.
(SEAL) Michael L. Hansen, Mayor
ATTEST:
Cheryl Salyers, Deputy City Clerk
I, Cheryl Salyers, Deputy 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 ______, 20__ and was published in the Newton Daily News, a newspaper of general circulation in the said City of Newton on the _____ day of ______, 20__.
Dated this ____ day of ______, 20__.
Cheryl Salyers, Deputy City Clerk City of Newton Council Report
Item: Ordinance amending the Code of Ordinances, City of Newton, Iowa, 2016, Title VII, Chapter 70, Section 70.15, “Traffic and Parking Schedules Adopted by Reference”, to Report Number: 16-283 make changes to the street parking in the 2300 block of South Third Avenue East. Date: December 19, 2016
Summary: To restrict street parking for safety Lead Department: Public purposes and accommodate current use. Works Department
Financial Impact: none Recommendation: Approve
Background: S 3rd Avenue E is a 31-foot wide street that currently allows parking on both sides in the 2300 block. The Church of the Way has requested that parallel street parking be restricted along the north curb of S 3rd Avenue E between E 23rd Street S and E 24th Street S. The Church of the Way owns the property along the north side of the street and Aurora School is located along the south side of the street.
The Church of the Way has recently constructed a new facility and a new off-street parking lot on the north side of S 3rd Avenue E that extends between E 23rd Street S and E 24th Street S. To accommodate handicap accessible parking and access into their facility, 6 new handicap accessible parking stalls with striped access aisles were constructed along the north side of S 3rd Avenue E. The accessible stalls are diagonal parking stalls that extend from the street flowline onto the church property.
The City Traffic Safety Committee reviewed the request. The street is wide enough to accommodate parking on both sides during low traffic volumes. However due to peak traffic volumes during school and church activities, it is recommended that parking be allowed on one side only. Also, visibility for backing onto the street from the diagonal handicap accessible parking stalls near the middle of the block would be improved if there was no parallel street parking. The Traffic Safety Committee recommends to restrict parallel curb parking along the north side of the 2300 block of S 3rd Avenue E. Because the existing diagonal parking stalls utilize approximately half of the block, approval of the ordinance would eliminate 5 unstriped, parallel parking spaces along the north side of the street.
Recommendation: Staff recommends approval of the ordinance amendment.
Jarrod Wellik Interim City Administrator ORDINANCE NO. ______ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF NEWTON, IOWA, 2016, TITLE VII, CHAPTER 70, SECTION 70.15, “TRAFFIC AND PARKING SCHEDULES ADOPTED BY REFERENCE”, TO MAKE CHANGES TO THE STREET PARKING IN THE 2300 BLOCK OF SOUTH THIRD AVENUE EAST.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEWTON, IOWA:
Section 1. The Code of Ordinances, City of Newton, Iowa, 2016, Title VII, Chapter 70, Section 70.15, “Traffic and Parking Schedules Adopted by Reference” is hereby amended by adding or deleting the following: NO PARKING ZONES. No one shall stop, stand or park a vehicle in any of the following specifically designated no parking zones except when necessary to avoid conflict with other traffic or in compliance with the direction of a peace officer or traffic control signal.
AVENUES, SOUTHEAST QUADRANT
South Third Avenue East.
"No Parking Anytime". North Side from First Street South east to East Fourth Street South. North side from East Nineteenth Street South east to East Twenty-first Street South. North side from East Twenty-third Street South to East Twenty-fourth Street South, except diagonally parking that extends from street flowline onto private property.
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 ______, 20__, after the final passage, approval and publication as provided by law. PASSED this ____ day of ______, 20__.
APPROVED this ____ day of ______, 20__.
(SEAL) Michael L. Hansen, Mayor
ATTEST:
Cheryl Salyers, Deputy City Clerk
I, Cheryl Salyers, Deputy 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 ______, 20__ and was published in the Newton Daily News, a newspaper of general circulation in the said City of Newton on the _____ day of ______, 20__.
Dated this ____ day of ______, 20__.
Cheryl Salyers, Deputy City Clerk City of Newton Council Report
Item: Ordinance amending the Code of Ordinances, City of Newton, Iowa, 2016, Title VII, Chapter 70, Section 70.15, “Traffic and Parking Schedules Adopted by Reference”, to Report Number: 16-284 make changes to the street parking along th portions of N 11 Avenue E. Date: December 19, 2016
Summary: To restrict street parking for safety Lead Department: Public purposes and accommodate current use. Works Department
Financial Impact: none Recommendation: Approve
Background: Between E 8th Street N and E 19th Street N, N 11th Avenue E is a 31 feet wide collector street that is also a truck route. A 31-foot wide collector street can accommodate parking one side only. Letters describing the following changes have been sent to the adjacent property owners along N 11th Ave E.
Parking on the north side of N 11th Avenue E between E 8th Street and E 19th Street: Currently the City code does not allow parking on the north side of N 11th Avenue E between E 12th Street N and 341 feet east of E 19th Street N. The Traffic Safety Committee recommends adding “No Parking” on the north side of N 11th Avenue E between E 8th Street N and E 12th Street N.
Parking on the south side N 11th Avenue E near E 8th Street: There is a concern of trucks southbound on E 8th Street N and turning east onto N 11th Avenue E. This intersection is at an angle due to the railroad tracks and creates a tight turn if there are vehicles parked on the south side of N 11th Avenue E. The Traffic Safety Committee recommends restricting parking on the south side of N 11th Avenue E from E 8th Street east to the driveway of Fitzgerald Siding (a distance of 170 feet).
Parking on the south side of N 11th Avenue E between E 12th Street and E 19th Street: The City code does not allow parking on the south side of N 11th Avenue E between E 12th Street and E 19th Street. Currently there are not any “No Parking” signs on the south side of N 11th Avenue E between E 12th Street and E 19th Street. Vehicles frequently park on the south side in 1500 block of N 11th Avenue E, in front of a large apartment complex. The Traffic Safety Committee recommends allowing parking on the south side of N 11th Avenue E from 80 feet east of the projected east curb line of E 14th Street N to E 19th Street N.
“No Parking” signs will be installed per the existing code on the south side of N 11th Avenue E between E 12th Street N and 80 feet east of E 14th Street N. This section of street has commercial warehousing and light industrial business that utilize the full street width to maneuver semi-trailers in and out of driveways.
Recommendation: Staff recommends approval of the ordinance amendment to change parking along N 11th Avenue E.
Jarrod Wellik Interim City Administrator
Attachment ORDINANCE NO. ______ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF NEWTON, IOWA, 2016, TITLE VII, CHAPTER 70, SECTION 70.15, “TRAFFIC AND PARKING SCHEDULES ADOPTED BY REFERENCE”, TO MAKE CHANGES TO THE STREET PARKING ON PORTIONS OF NORTH 11TH AVENUE EAST.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEWTON, IOWA:
Section 1. The Code of Ordinances, City of Newton, Iowa, 2016, Title VII, Chapter 70, Section 70.15, “Traffic and Parking Schedules Adopted by Reference” is hereby amended by adding or deleting the following: NO PARKING ZONES. No one shall stop, stand or park a vehicle in any of the following specifically designated no parking zones except when necessary to avoid conflict with other traffic or in compliance with the direction of a peace officer or traffic control signal.
AVENUES, NORTHEAST QUADRANT
North Eleventh Avenue East. "No Parking Anytime". North side from East Twelfth Eighth Street North to 341 feet east of the east curb line of East Nineteenth Street North. South side from East Eighth Street North to 170 feet east of the east curb line of East Eighth Street North. South side from East Twelfth Street North to 80 feet east of the projected east curb line of East Fourteenth Street North. South side from East Twelfth Nineteenth Street North to 140 feet east of the east curb line of East Nineteenth Street North.
Section 2. Repealer Clause. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 3. Severability Clause. If any section, provision or part of this ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Section 4. Effective. This ordinance shall be effective on ______, 20__, after the final passage, approval and publication as provided by law. PASSED this ____ day of ______, 20__.
APPROVED this ____ day of ______, 20__.
(SEAL) Michael L. Hansen, Mayor
ATTEST:
Cheryl Salyers, Deputy City Clerk
I, Cheryl Salyers, Deputy 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 ______, 20__ and was published in the Newton Daily News, a newspaper of general circulation in the said City of Newton on the _____ day of ______, 20__.
Dated this ____ day of ______, 20__.
Cheryl Salyers, Deputy City Clerk City of Newton Council Report
Item: Ordinance amending the Code of Ordinances, City of Newton, Iowa, 2016, Title
VII, Chapter 70, Section 70.15, “Traffic and 16-285 Parking Schedules Adopted by Code Report Number:
Reference” by adding and removing stops th December 19, 2016 signs along E 4 Street N. Date:
Lead Department: Public Summary: Install and remove stops signs to Works Department improve safety and to improve the flow of
traffic. Recommendation: Approve
Financial Impact: Minimal
Background: A citizen requested that the intersection of E 4th St N and N 4th Ave E be a 4-way stop. Both E 4th St N and N 4th Ave E are collector streets. Currently the intersection of E 4th St N and N 4th Ave E and the intersection of E 4th St N and N 2nd Ave E are 2-way stops, where the eastbound and westbound traffic stop. The intersection of E 4th St N and N 3rd Ave E is a 4-way stop.
Staff obtained traffic counts for the E 4th St N intersections from 1st Ave E to N 4th Ave E. The traffic counts reveal that 2,850 to 4,230 vehicles per daily (vpd) travel on E 4th St N. The east-west traffic ranges from 760 vpd on S 2nd Ave E to 2,500 vpd on N 4th Ave E.
The 4-way stop at N 3rd Ave E was the result of this avenue being a busier street used by employees working at the former Maytag Corporation. Current traffic counts reveal that there are 2,500 vpd on N 4th Ave E compared to 1,780 vpd on N 3rd Ave E.
The Traffic Safety Committee reviewed the request and recommends that the intersection of N 4th Ave E and E 4th St N be a 4-way stop. The committee also recommends that the intersection of N 3rd Ave E and E 4th St N be a 2-way stop, where eastbound and westbound traffic stop. Traffic flows better on the collector streets where stop conditions are spaced several blocks apart. The proposed change would provide better traffic flow and increase the safety of the traveling public.
Recommendation: City Staff recommends approval of the Ordinance amendment to change stop signs along E 4th St N.
Jarrod Wellik Interim City Administrator ORDINANCE NO. ______
ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF NEWTON, IOWA, 2016, TITLE VII, CHAPTER 70, SECTION 70.15, “TRAFFIC AND PARKING SCHEDULES ADOPTED BY REFERENCE” BY ADDING AND REMOVING STOP SIGNS ALONG E 4TH STREET N.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEWTON, IOWA:
Section 1. The Code of Ordinances, City of Newton, Iowa, 2016, Title VII, Chapter 70, Section 70.15 “Traffic and Parking Schedules Adopted by Reference” is hereby amended by adding or deleting the following:
SPECIAL STOPS REQUIRED. Every driver of a vehicle shall stop and yield in accordance with the following:
STREETS, NORTHEAST QUADRANT
East Fourth Street North. Vehicles traveling on East Fourth Street North shall stop at the following street intersections. North Third Avenue East. North Fourth Avenue East. North Eighth Avenue East, northbound only.
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 ______, 20__, after the final passage, approval and publication as provided by law.
PASSED this ____ day of ______, 20__.
APPROVED this ____ day of ______, 20__.
Michael L. Hansen, Mayor
ATTEST:
Katrina Davis, City Clerk I, Katrina Davis, City Clerk of the City of Newton, Iowa, do hereby certify that the foregoing Ordinance was passed and approved by the City Council of the City of Newton, Iowa on the ____ day of ______, 20__ and was published in the Newton Daily News, a newspaper of general circulation in the said City of Newton on the _____ day of ______, 20__. Dated this ____ day of ______, 20__.
City of Newton Council Report
Item: Ordinance amending the Code of Ordinances, City of Newton, Iowa, 2016, Title
VII, Chapter 70, Section 70.15, “Traffic and 16-286 Parking Schedules Adopted by Code Report Number:
Reference” by adding stops signs at various December 19, 2016 locations. Date:
Lead Department: Public Summary: Install stops signs to improve safety Works Department at uncontrolled intersections.
Recommendation: Approve Financial Impact: Minimal
Background: As part of the Safe Community Goal, the traffic safety committee looked at all the uncontrolled intersections located in an area bound on the west by 1st Street N, on the east and north by City limits and on the south by 1st Avenue E. There are a total of 15 uncontrolled intersections in this area where the street should have a stop condition. The traffic Safety Committee recommends that stops signs be added at the following uncontrolled intersections:
Streets: · E 5th St N at N 2nd Ave E – Currently there are yield signs for northbound and southbound traffic on E 5th St N. Replace the yield signs with stop signs. · E 6th St N at N 4th Ave E – This is an uncontrolled “T” intersection. Add a stop sign for southbound traffic on E 6th St N. · E 6th St N at N 9th Ave E – This is an uncontrolled intersection. Add a stop sign for northbound and southbound traffic on E 6th St N. · E 6th St N at N 11th Ave E – This is an uncontrolled “T” intersection. Add a stop sign for northbound traffic on E 6th St N. · E 7th St N at N 11th Ave E – This is an uncontrolled “T” intersection. Add a stop sign for northbound traffic on E 7th St N. · E 9th St N at N 9th Ave E – This is an uncontrolled intersection. Add a stop sign for northbound and southbound traffic on E 9th St N. · E 9th St N at N 10th Ave E – This is an uncontrolled intersection. Add a stop sign for northbound and southbound traffic on E 9th St N. · E 10th St N at N 9th Ave E – This is an uncontrolled intersection. Add a stop sign for northbound and southbound traffic on E 10th St N. · E 10th St N at N 10th Ave E – This is an uncontrolled intersection. Add a stop sign for northbound and southbound traffic on E 10th St N. · E 15th St N at N 6th Ave E – This is an uncontrolled “T” intersection. Add a stop sign for southbound traffic on E 15th St N. · E 17th St Pl N at N 2nd Ave E – This is an uncontrolled “T” intersection. Add a stop sign for southbound traffic on E 17th St Pl N. · E 17th St Pl N at E 18th Street N – This is an uncontrolled “T” intersection. Add a stop sign for traffic on E 17th St Pl N. · E 21st St N at N 2nd Ave E – This is an uncontrolled “T” intersection. Add a stop sign for southbound traffic on E 21st St N. · E 24th St N at N 2nd Ave E – This is an uncontrolled “T” intersection. Add a stop sign for southbound traffic on E 24th St N. · E 25th St N at N 6th Ave E – This is an uncontrolled “T” intersection. Add a stop sign for northbound traffic on E 25th St N.
Recommendation: City Staff recommends approval of the Ordinance amendment for stop signs to be added at various intersections to improve the safety of our residents.
Jarrod Wellik Interim City Administrator
Attachments ORDINANCE NO. ______
ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF NEWTON, IOWA, 2016, TITLE VII, CHAPTER 70, SECTION 70.15, “TRAFFIC AND PARKING SCHEDULES ADOPTED BY REFERENCE” BY ADDING STOP SIGNS AT VARIOUS LOCATIONS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEWTON, IOWA:
Section 1. The Code of Ordinances, City of Newton, Iowa, 2016, Title VII, Chapter 70, Section 70.15 “Traffic and Parking Schedules Adopted by Reference” is hereby amended by adding or deleting the following:
SPECIAL STOPS REQUIRED. Every driver of a vehicle shall stop and yield in accordance with the following:
STREETS, NORTHEAST QUADRANT East Fifth Street North. Vehicles traveling on East Fifth Street North shall stop at the following intersections. North Second Avenue East. North Third Avenue East. North Fourth Avenue East. North Sixth Avenue East. North Nineteenth Avenue East. North Eighth Avenue East.
East Sixth Street North. Vehicles traveling on East Sixth Street North shall stop at the following street intersections. North Fourth Avenue East. North Sixth Avenue East. North Eighth Avenue East. North Ninth Avenue East. North Eleventh Avenue East. Interstate, f/k/a Heartland, Railroad Tracks.
East Seventh Street North. Vehicles traveling on East Seventh Street North shall stop at the following street intersections. North Second Avenue East. North Third Avenue East. North Fourth Avenue East. North Sixth Avenue East. North Eighth Avenue East. North Eleventh Avenue East.
East Ninth Street North. Vehicles traveling on East Ninth Street North shall stop at the following street intersections. North Third Avenue East. [Ord. 2231 Eff. 05/09/2014] North Fourth Avenue East. [Ord. 2231 Eff. 05/09/2014] North Sixth Avenue East. [Ord. 2231 Eff. 05/09/2014] North Eighth Avenue East. [Ord. 2231 Eff. 05/09/2014] North Ninth Avenue East. North Tenth Avenue East. North Eleventh Avenue East. [Ord. 2231 Eff. 05/09/2014]
East Tenth Street North. Vehicles traveling on East Tenth Street North shall stop at the following intersections. North Third Avenue East. [Ord. 2231 Eff. 05/09/2014] North Fourth Avenue East. North Eighth Avenue East. North Ninth Avenue East. North Tenth Avenue East. North Eleventh Avenue East. [Ord. 2231 Eff. 05/09/2014]
East Fifteenth Street North. Vehicles traveling on East Fifteenth Street North shall stop at the following street intersections. North Fourth Avenue East, Northbound only. North Sixth Avenue East. North Eighth Avenue East.
East Seventeenth Street Place North. Vehicles traveling on East Seventeenth Street Place North shall stop at the following street intersections. North Second Avenue East. East Eighteenth Street North.
East Twenty-first Street North. Vehicles traveling on East Twenty-first Street North shall stop at the following street intersections. North Second Avenue East. North Fourth Avenue East, Southbound only. North Fifth Avenue East, Northbound only.
East Twenty-fourth Street North. Vehicles traveling on East Twenty-fourth Street North shall stop at the following street intersections. North Second Avenue East. North Fourth Avenue East, Northbound only.
East Twenty-fifth Street North. Vehicles traveling on East Twenty-fifth Street North shall stop at the following street intersections. North Fourth Avenue East. North Sixth Avenue East.
SPECIAL YIELD REQUIRED. Every driver of a vehicle shall yield in accordance with the following: East Fifth Street North. Vehicles traveling on East Fifth Street North shall yield at the following street intersections.
North Second Avenue East.
Section 2. Repealer Clause. All ordinances or parts of ordinances in conflict herewith are hereby repealed.
Section 3. Severability Clause. If any section, provision or part of this ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional.
Section 4. Effective. This ordinance shall be effective on ______, 20__, after the final passage, approval and publication as provided by law.
PASSED this ____ day of ______, 20__.
APPROVED this ____ day of ______, 20__.
Michael L. Hansen, Mayor
ATTEST:
Katrina Davis, City Clerk I, Katrina Davis, City Clerk of the City of Newton, Iowa, do hereby certify that the foregoing Ordinance was passed and approved by the City Council of the City of Newton, Iowa on the ____ day of ______, 20__ and was published in the Newton Daily News, a newspaper of general circulation in the said City of Newton on the _____ day of ______, 20__. Dated this ____ day of ______, 20__.
City of Newton Council Report
Item: Ordinance amending the City of Newton Code of Ordinances, Title IX, Chapter 94, Section 94.02(C)(4) Garbage, Trash and the like. Report Number: 16-287
Summary: The ordinance amendment adds Date: December 19, 2016 language that the City may require the installation of a permanent trash enclosure at Lead Department: Planning multi-family & commercial properties that have & Zoning Department had on-going trash/garbage issues. Recommendation: Financial Impact: No Cost Approve
Background: The ordinance amendment adds additional flexibility by including new language that states that the City may require that a multi-family or commercial property to install a permanent trash enclosure that has been cited or abated for trash or garbage three times within a 12-month period.
The new language (underlined) in the ordinance is as follows, with the full section provided for context:
(4) Garbage, trash and the like. The depositing of, maintaining, permitting or failing to remove, garbage , trash, rubbish, bottles, cans or other refuse outside of a building on any property within the city, including large quantities of organic debris and materials, which accumulated by other than natural means, except neatly maintained compost piles. Outside of a building includes unenclosed decks and porches;
(a) Trash Enclosure for Multi-family and Commercial Buildings. When a multi-family dwelling (3 or more units) or a commercial building property has been cited or has been abated by the City 3 or more times within a 12 (twelve) month period for garbage and trash violations, the City may require the property owner to erect a permanent, screening, enclosure surrounding any exterior trash receptacles or trash gathering space, in addition to any other remedies or penalties enumerated in this chapter.
Recommendation: City Staff recommends approval.
Jarrod Wellik Interim City Administrator
Attachment ORDINANCE NO. ______
ORDINANCE AMENDING THE CITY OF NEWTON CODE OF ORIDNANCES, TITLE IX, CHAPTER 94, SECTION 94.02(C)(4) GARBAGE, TRASH AND THE LIKE.
WHEREAS, the Title IX, Chapter 94 of the Newton Code of Ordinances addresses the enforcement of nuisance regulations;
WHEREAS, the proper disposal and storage of garbage outside of a building impacts neighborhoods and districts and is, thus, regulated by Title IX, Chapter 94 of the City of Newton Code of Ordinances;
WHEREAS, the ordinance amendment provides an additional remedy that would be available to the City for addressing and correcting on-going garbage and trash issues at multi-family and commercial property in Newton;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEWTON, IOWA:
Section 1.
Title IX, Chapter 94, Section 94.02(C)(4) is hereby amended adding underlined text below:
(a) Trash Enclosure for Multi-family and Commercial Buildings. When a multi-family dwelling (3 or more units) or a commercial building property has been cited or has been abated by the City 3 or more times within a 12 (twelve) month period for garbage and trash violations, the City may require the property owner to erect a permanent, screening, enclosure surrounding any exterior trash receptacles or trash gathering space, in addition to any other remedies or penalties enumerated in this chapter.
Section 2. Repealer Clause. All ordinances or parts of ordinances in conflict herewith are hereby repealed.
Section 3. Severability Clause. If any section, provision or part of this Ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional.
Section 4. Effective. This ordinance shall be effective on ______, 2017, after the final passage, approval and publication as provided by law.
PASSED this ____ day of ______, 2017.
APPROVED this ____ day of ______, 2017.
(SEAL) Michael L. Hansen, Mayor
ATTEST:
Katrina Davis, City Clerk
I, Katrina Davis, City Clerk of the City of Newton, Iowa, do hereby certify that the foregoing Ordinance was passed and approved by the City Council of the City of Newton, Iowa on the ____ day of ______, 2017 and was published in the Newton Daily News, a newspaper of general circulation in the said City of Newton on the _____ day of ______, 2017. Dated this ____ day of ______, 2017.
Katrina Davis, City Clerk City of Newton Council Report
Item: Resolution authorizing the City of Newton to enter into a 28E Agreement for Mutual Assistance for Polk County Area Report Number: 16-288 Fire/Rescue Services.
Summary: Resolution authorizing the City of Date: December 19, 2016 Newton to enter into an agreement with Polk County Fire and Rescue Departments for Lead Department: provision of mutual aid services. Fire
Financial Impact: None Recommendation: Approve
BACKGROUND In the event of a large scale emergency responding agencies from the region would be asked to provide help to other agencies. The agreement to provide mutual aid assistance to other agencies is covered under the Code of Iowa, Chapter 28E. Under this agreement agencies would request personnel or equipment subject to availability. The department providing personnel or equipment has the sole discretion to determine availability. Agencies that are a party to this agreement will not charge for the provision of services unless the incident lasts twelve hours or longer. After twelve hours of service agencies are allowed to bill for personnel (including backfill), equipment, and supplies subject to FEMA guidelines. Only in extreme circumstances would this agreement involve Newton assets being committed to the Polk County area. This agreement would allow recovery of costs for long term deployments and provide a large pool of equipment and personnel should Newton experience a large scale disaster.
This agreement will remain in effect indefinitely. The agreement can be cancelled by providing a sixty day notice to the Polk County Fire Chief’s Association.
RECOMMENDATION Staff recommends approval of Resolution authorizing the 28E Agreement for Mutual Assistance for Polk County Area Fire/Rescue Services.
Jarrod Wellik Interim City Administrator
RESOLUTION NO. 2016 – ______
RESOLUTION APPROVING 28E AGREEMENT FOR MUTUAL AID ASSISTANCE FOR POLK COUNTY AREA FIRE/RESCUE SERVICES
WHEREAS, the City of Newton (the “City”) desires to enter into this 28E Agreement (“Agreement”), the purpose of which is to provide for the Emergency Services of one entity to the other in such emergency or needed situations requiring additional, special personnel, and/or equipment; and
WHEREAS, this Agreement will remain in effect indefinitely and can be terminated by providing a sixty day notice of termination to the Polk County Fire Chief’s Association;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newton, Iowa, the City approves the 28E Agreement for Mutual Assistance for Polk County Area Fire/Rescue Services; and the Mayor is hereby authorized and directed to execute said Agreement on behalf of the City. .
PASSED this ______day of December, 2016.
APPROVED this ______day of December, 2016.
______Michael L. Hansen, Mayor ATTEST:
______Cheryl Salyers, Deputy City Clerk
28E AGREEMENT FOR MUTUAL ASSISTANCE
for Polk County Area Fire/Rescue Services
WHEREAS, the undersigned entities (“Party” or collectively “Parties”) provide fire/rescue services and/or emergency medical services (“Emergency Services”) in Polk County and/or the adjoining counties of Boone County, Dallas County, Jasper County, Madison County, Marion County, Marshall County, Story County and Warren County (“adjoining counties”); and
WHEREAS, there has been a long standing Mutual Aid Agreement among Polk County fire/rescue and emergency medical services and/or other entities to provide mutual aid in Polk County and adjoining counties in a time of need;
WHEREAS, the current Mutual Aid Agreement is entitled 28E Agreement for Mutual Assistance for Polk County Fire/Rescue Services and is filed with the Iowa Secretary of State at 10:51 a.m. on June 24, 2015, numbered M508206 (“2015 Agreement”); and
WHEREAS, the 2015 Agreement has been in force for one year and Parties desire to update; and
WHEREAS, the Parties have a desire to assist each other in time of need; and
WHEREAS, the Parties each maintain adequate Emergency Services equipment and personnel to respond to the normal emergencies occurring within their respective jurisdictions; and
WHEREAS, situations may arise in regard to emergencies or circumstances which exhaust available personnel and equipment, or require additional or specialty personnel or additional and/or special equipment that the responsible jurisdiction may not have available at any given time; and
WHEREAS, to combat such emergency situations, it is desirable for the Parties to render needed Emergency Services upon a reciprocal basis; and
WHEREAS, the governing bodies of each party are desirous of entering into this 28E Agreement (“Agreement”), the purpose of which is to provide for the Emergency Services of one entity to the other in such emergency or needed situations requiring additional, special personnel, and/or equipment.
NOW, THEREFORE, BE IT AGREED AS FOLLOWS:
I. Incorporation of Recitals
The foregoing Recitals are incorporated herein as if fully set forth in this paragraph.
Page 1 of 5
II. Definitions
A. Mutual Aid. The assistance of Emergency Services personnel and equipment provided by one Party (“Providing Entity”) and requested by the other Party (“Requesting Entity”) to this Agreement.
B. Incident Commander. The person who, by virtue of his/her position with the Requesting Entity, is responsible for the overall command and direction of the Emergency response activities.
C. Emergency. Any situation where a Party, due to lack of personnel or training, special equipment needs or magnitude of event, and based upon actual circumstances, concludes that assistance is needed to protect life, stabilize the incident, and/or protect property within its jurisdiction.
III. Purpose
This Agreement is made pursuant to Chapter 28E, Code of Iowa. The purpose of this Agreement is to provide for Mutual Aid in case of an Emergency arising within the jurisdiction of the Parties to this Agreement.
IV. Request for Assistance
All requests for Mutual Aid in an Emergency shall be made by an Emergency Services director or designee of the Requesting Entity. Such requests shall state the exact nature of the Emergency and shall include the amount and type of equipment and the number and skills of personnel required, and shall specify the location where the personnel and equipment are needed. The final decision of type and amount of equipment and number of personnel to be provided by the Providing Entity to the Requesting Entity shall be at the sole discretion of the Providing Entity. Further, the Providing Entity shall be held harmless by the Requesting Entity from liability in connection with its final decision on type and amount of equipment and number of personnel to be provided to the Requesting Entity.
V. Authority over Joint Operations
The Incident Commander of the Requesting Entity shall retain overall control of all Emergency response activities. The ranking supervisor of the Providing Entity shall remain in command of his/her personnel and equipment subject, however, to the direction and control of the Incident Commander.
VI. Liability
Employees or volunteers of either Party acting pursuant to this Agreement shall be considered as acting under the lawful orders and instructions pertaining to their
Page 2 of 5
employment or volunteer status with such Party. Under no circumstances are employees or volunteers of one Party to be considered employees or volunteers of the other Party.
Each Party waives all claims against the other for compensation for any property loss or damage and/or personal injury or death to its personnel as consequence of the performance of this Agreement. Each Party shall bear the liability and/or costs of damage to its equipment and facilities, and the compensation of its employees or volunteers, including injury or death of its personnel, occurring as a consequence of the performance of this Agreement, whether the damages, costs, injury or death occurs at an Emergency in the Party’s own jurisdiction or in the jurisdiction of the other Party. Nothing in this agreement is intended nor does it waive any right to seek federal or other assistance provided for disaster relief.
Except as provided herein, each Party shall be responsible for the acts or omissions of its own employees, and shall indemnify, defend and hold harmless the Other Party, its officers, agents and employees from and against any and all suits, actions, debts, damages, costs, charges and expenses, including court costs and attorney’s fees arising from loss of or damage to private property, and/or the death of or injury to private persons, arising from services of response rendered pursuant to this Agreement. Provided, however, the Requesting Entity shall indemnify, defend and hold harmless the Providing Entity where any suits, actions, debts, damages, costs, charges or expenses arise from execution of a specific command or order pursuant to paragraph V of this Agreement.
Nothing in this Agreement shall prevent or limit either Party to this Agreement from recovering or attempting to recover costs of services rendered to a third party where such recovery of costs is provided for by law.
The Parties to this Agreement do not waive any defenses, immunities or other limitations applicable to a respective party and nothing herein shall be so construed. Each Party to this Agreement reserves the right to fully defend all claims arising from loss of or damage to private property and/or death of or injury to private persons who are not parties to this Agreement including, but not limited to asserting defenses of immunities available under applicable law.
This article shall survive the termination of this Agreement where necessary to protect each Party to this Agreement.
VII. Compensation
A. Emergency Services. For Emergency Services, no Party shall be required to reimburse any other Party for the cost of providing the services set forth in this Agreement, unless the incident lasts twelve hours or longer. If an incident lasts twelve hours or longer, the Providing Entity may seek compensation from the Requesting Entity for the cost of providing the services set forth in this Agreement.
Page 3 of 5
All services are billable if the incident lasts a minimum of twelve consecutive hours. Services include, but are not limited to: a. Personnel (including backfill personnel) b. Equipment (at rates defined by FEMA) c. Supplies (actual cost incurred, including shipping of replacement supplies) Documentation is required in the form of an incident report which clearly lists personnel, equipment and supplies used. Supply usage also requires an actual invoice copy.
B. Emergency Medical Services. The Party transporting a patient from an emergency location to a medical facility will be responsible for billing the patient for services rendered.
If the Providing Entity provides supplemental services or a higher level of medical services than the Requesting Entity, such as paramedic services, the Requesting Entity may bill the patient for the supplemental services pursuant to accepted billing standards. In the event the Requesting Entity does not charge for ambulance services, the Providing Entity will bill the patient for services rendered and retain one hundred percent (100%) of fees collected.
C. Hazardous Materials Services. The Providing Entity may bill the responsible person (as defined by Iowa Administrative Code Sections 133.2 and 133.3) at a hazardous substance or condition incident (as defined in Iowa Administrative Code Section 133.1(2)) to reclaim costs associated with responding to the incident.
VIII. Termination
This Agreement may be terminated with respect to that Party for any reason by any Party by giving written notice, by certified mail to the President of the Polk County Fire Chief’s Association. This Agreement shall thereafter terminate, with respect to that Party only, sixty (60) days from the date of receipt of termination notice. Upon termination, said terminating Party shall have no further responsibility or obligation or benefits from the other Parties to the Agreement, under this Agreement, except as provided herein.
IX. Effective Date
This Agreement shall be in full force and effect at 12:01 a.m., January 1, 2017, by and between the Parties who have obtained approval hereof by their respective governing bodies. Prior to January 1, 2017, the President of the Polk County Fire Chief’s Association shall have filed this Agreement with the Iowa Secretary of State as required by Iowa Code section 28E.9. This Agreement shall remain in full force and effect for an indefinite period of time from the effective date hereof until terminated as provided in paragraph VII.
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X. Prior Mutual Assistance Agreements
This Agreement supersedes the 2015 Agreement in full.
XI. Amendments
This Agreement represents the entire Agreement of the Parties. Any amendments must be in writing, approved by the governing body of all Parties, and executed by the authorized representatives of all Parties. Any and all amendments must comply with the provisions of Iowa Code section 28E.8. Any and all such requirements shall be done by the then presiding President of the Polk County Fire Chief’s Association or President’s designee.
XII. Validity
In the event any part or paragraph of this Agreement is declared void as being contrary to Iowa law, the remaining portions of this Agreement that are valid shall continue in full force and effect.
XIII. No Separate Entity Created -- Administration
It is the Intent of the Parties not to create a separate legal entity or administrative agency under this Agreement. The then presiding President of the Polk County Fire Chief’s Association shall serve as Administrator of this undertaking.
XIV. No Real or Personal Property
No real or personal property will be acquired, held or disposed of during this undertaking as no separate entity has been created.
XV. Applicable Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Iowa (excluding conflicts of laws rules), and applicable federal law.
XVI. Counterparts
This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all such counterparts shall together constitute but one and the same instrument.
Page 5 of 5 28E AGREEMENT FOR MUTUAL ASSISTANCE for Polk County Area Fire/Rescue Services
By authorized signature of this Agreement, Parties agree to the 28E Agreement for Mutual Assistance for Polk County Area Fire/Rescue Services.
Effective Date: January 1, 2017
Legal Name of Jurisdiction:
Jurisdiction Official Dated
Attest Dated
Chief/Director Dated
City of Newton Council Report
Item: Resolution approving the purchase of Ford Expedition from the City of Clive
Summary: Replace old vehicles in the Fire Report Number: 16-289 Department. Date: December 19, 2016 Financial Impact: $10,000 to be paid from savings in the current budget from open Lead Department: Fire positions and lower salary savings throughout the year. Recommendation: Approve
BACKGROUND The Fire Department currently uses a 1996 Chevrolet Suburban and a 2009 Ford Crown Victoria retired police patrol vehicle as utility vehicles, to provide transportation for members for educational events, and other department functions. The City of Clive is selling a 2007 Ford Expedition that was used as a paramedic fly car and command vehicle. The vehicle has only 48,000 miles and is in reasonably good shape. The Kelley Blue Book value ranges from $8,998 to $10,476. The price includes emergency lighting, a center seat radio counsel, and command box.
RECOMMENDATIONS: Staff recommends approval of purchasing the Ford Expedition from the City of Clive in the amount of $10,000. Funds for purchase will be paid from the Fire Department budget savings from open positions and lower salary savings throughout the year.
Staff recommends placing the existing 1996 Chevrolet Suburban and 2009 Ford Crown Victoria on the Public Surplus online auction with a reserve amount of $500 each. If the reserve amount is not met both the Suburban and the Crown Victoria will be sold as scrap metal.
Jarrod Wellik Interim City Administrator
RESOLUTION NO. 2016 – ______
RESOLUTION APPROVING THE PURCHASE OF A 2007 FORD EXPEDITION FOR A FIRE DEPARTMENT UTILITY VEHICLE
WHEREAS, the Fire Department currently uses a 1996 Chevrolet Suburban and a 2009 Ford Crown Victoria retired police patrol vehicle as utility vehicles, to provide transportation for members for educational events, and other department functions; and
WHEREAS, these vehicles are at the end of their useful service life and becoming costly to maintain; and
WHEREAS, the City of Clive, IA is selling a 2007 Ford Expedition that was used as a paramedic fly car and command vehicle; and
WHEREAS, the vehicle has only 48,000 miles and is in reasonably good shape and has a Kelley Blue Book value range from $8,998 to $10,476; and
WHEREAS, the price includes emergency lighting, a center seat radio counsel, and command box.; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newton, Iowa, the City hereby purchase the 2007 Ford Expedition for the price of $10,000 which is to be paid from savings in the Fire Department budget, and
BE IT FURTHER RESOLVED by the City Council of the City of Newton, Iowa, that the Fire Chief will dispose of the 1996 Chevrolet Suburban and 2009 Ford Crown Victoria for the best possible value.
PASSED this ______day of December, 2016.
APPROVED this ______day of December, 2016.
______Michael L. Hansen, Mayor ATTEST:
______Cheryl Salyers, Deputy City Clerk
City of Newton Council Report
Item: Resolution authorizing a 3-year agreement with HLW Group, LLC to provide professional services for the Newton Sanitary Report Number: 16-290 Landfill.
Date: December 19, 2016 Summary: Renew agreement with HLW
Group, LLC for engineering and professional Public services at the Newton Sanitary Landfill. Lead Department: Works Department
Financial Impact: $52,470 plus $5,000 per Approve year for miscellaneous services to be paid from Recommendation:
the Landfill fund.
Background: The Iowa Department of Natural Resources requires groundwater sampling, gas monitoring, and statistical analysis of the data at landfills. The personnel at HLW Group LLC have been working with the Newton Sanitary Landfill for 27 years and are very familiar with the geology, hydrology and cell construction of the landfill. The City of Newton has been pleased with service HLW has provided.
Attached is a 3-year agreement with HLW Group, LLC to provide inspections, sampling, statistical analysis, reporting, financial assurance calculations, and engineering services for the Newton Sanitary Landfill. The HLW fees will be $52,470 with an estimated $5,000 additional services per year, if needed. The City has and will continue to provide general survey services needed at the landfill. Due to HLW's extensive history of the landfill and their quality service, we recommend entering into a 3-year agreement with HLW. The annual cost of this contract will been included in the annual landfill operating budget and will be funded by the Landfill fund.
Recommendation: City staff recommends approval of the contract with HLW Group, LLC to perform professional services for the Newton Sanitary Landfill
Jarrod Wellik Interim City Administrator
RESOLUTION NO. 2016 – ______
RESOLUTION AUTHORIZING A 3-YEAR AGREEMENT WITH HLW GROUP, LLC TO PROVIDE PROFESSIONAL SERVICES FOR THE NEWTON SANITARY LANDFILL
WHEREAS, the Iowa Department of Natural Resources requires various routine inspections, sampling, analysis and reporting for permit compliance for the Newton Sanitary Landfill; and
WHEREAS, HLW Group, LLC of Story City, Iowa proposes to assist the Newton Sanitary Landfill in performing the permit compliance reporting to satisfy the requirements of the Iowa Department of Natural Resources; and
WHEREAS, personnel at HLW Group, LLC have been working with the Newton Sanitary Landfill for 27 years and have extensive history of the geology and cell construction at the landfill; and
WHEREAS, HLW Engineering Group has provided a 3-year Agreement for the required services in the amount of $52,470 plus $5,000 per year for additional services, if needed.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newton, Iowa, that the City of Newton hereby authorizes the Mayor to execute said Agreement with HLW Group, LLC. The cost of this contract will be funded by the Landfill fund.
PASSED this ______day of December 2016.
APPROVED this ______day of December 2016.
______Michael L. Hansen, Mayor ATTEST:
______Cheryl Salyers, Deputy City Clerk
City of Newton Council Report
Item: Resolution approving a contract with CivicPlus for redesign of the City of Newton website. Report Number: 16-291 Summary: The website redesign was identified in the 2017-19 Action Plan as being a high priority. Date: December 19, 2016 Initiating the contract now will place the launch during the summer of 2017 Lead Department: Administration Financial Impact: $26,812 Recommendation: Approve
BACKGROUND In 2011 the City of Newton contracted with CivicPlus for the original development of our website. After a few years, even the most dynamic and eye-catching design benefits from a facelift. The City of Newton’s website is now in need of a thorough update in order to meet the current standards of navigation and functionality, as well as serve as a community marketing tool. The redesign was identified in the 2017-19 Action Plan as being a high priority. Staff is pleased with the software and responsiveness of CivicPlus as our website vendor. CivicPlus, a company that specializes in government websites, has constructed websites for more than 2300 cities.
The cost of the website redesign project is proposed to be $26,812. $13,817 for the redesign and $12,995 for 4 additional Department Header designs and integration, and the maintenance cost for CivicSend. This advanced Option includes: · New Mobile Friendly Responsive design - Optimal Viewing Experience/Fully Responsive Design - the website will optimize its layout based on the viewing device · CivicSend · Redeveloped navigation method · Upgrade to the new Aurora platform · Content · Recommended Navigation Consulting – Experts will review existing content to outline best practices and suggested content structure based on new main navigation categories. o Includes migrating of all existing content and retouching of published pages to ensure proper formatting, menu structure and application of new site styles o Ensuring modules are related to feature columns The department headers will accommodate collaboration of stakeholders while allowing for a way to graphically distinguish themselves. It is proposed that the redesign be funded with $5,000 that was included in the 2016-17 FY budget for a website software upgrade (Aurora) and $21,812 from the current savings in Hotel/Motel tax. As the process could take 16 – 22 weeks, initiating the contract now will place the launch during the summer of 2017.
RECOMMENDATION Staff recommends approval of this Resolution.
Jarrod Wellik Interim City Administrator
RESOLUTION NO. 2016 – ______
RESOLUTION APPROVING A CONTRACT WITH CIVICPLUS FOR REDESIGN OF THE CITY OF NEWTON WEBSITE.
WHEREAS, the website redesign was identified in the 2017-19 Action Plan as being a high priority; and
WHEREAS, the cost of the website redesign project is proposed to be $26,812. $13,817 for the redesign and $12,995 for 4 additional Department Header designs and integration, and the maintenance cost for CivicSend; and
WHEREAS, the department headers will accommodate collaboration of stakeholders while allowing for a way to graphically distinguish themselves; and
WHEREAS, the process could take 16 – 22 weeks, initiating the contract now will place the launch during the summer of 2017; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newton, Iowa, that the City of Newton hereby accepts the agreement with CivicPlus in the amount of $26,812. To be funded with $5,000 that was included in the 2016-17 FY budget for a website software upgrade (Aurora) and $21,812 from the current savings in Hotel/Motel tax.
PASSED this ______day of December, 2016.
APPROVED this ______day of December, 2016.
______Michael L. Hansen, Mayor ATTEST:
______Cheryl Salyers, Deputy City Clerk
HELPING LOCAL GOVERNMENT INFORM, ENGAGE & PROTECT THEIR CITIZENS Who is CivicPlus
Engineers, sales, 20+ 250+ trainers & consultants located Founded over 20 years Employees & growing, throughout the ago in Manhattan located in US & Canada U.S. & Canada
MAIN MENU HELPING LOCAL GOVERNMENT INFORM, ENGAGE & PROTECT THEIR CITIZENS Who is CivicPlus
. #1 Provider of government technology . Over 2,400 local government customers . Dedicated to local government . GovTech100 . Inc. 5000
MAIN MENU HELPING LOCAL GOVERNMENT INFORM, ENGAGE & PROTECT THEIR CITIZENS #WhyCivicPlus
MAIN MENU HELPING LOCAL GOVERNMENT INFORM, ENGAGE & PROTECT THEIR CITIZENS User Experience Design (UX Design) . User experience design (UX, UXD, UED or XD) is the process of enhancing user satisfaction by improving the usability, accessibility, and pleasure provided in the interaction between the user and the product.
By providing each of our clients with the following – we are able to ensure each of our websites will meet the UX Design: * Customized Website * Art Directors – to provide consulting prior to design team implementing the design.
MAIN MENU HELPING LOCAL GOVERNMENT INFORM, ENGAGE & PROTECT THEIR CITIZENS MAIN MENU HELPING LOCAL GOVERNMENT INFORM, ENGAGE & PROTECT THEIR CITIZENS Client in Iowa that have newer websites . Charles City, IA: www.cityofcharlescity.org . Dubuque, IA: www.cityofdubuque.org . Council Bluff, IA: www.councilbluffs-ia.gov . Grinnell, IA: www.grinnelliowa.gov . Independence, IA: www.independenceia.com . Le Mars, IA: www.lemarsiowa.com . Muscatine County, IA: www.co.muscatine.ia.us . Red Oak, IA: www.redoakiowa.com
MAIN MENU HELPING LOCAL GOVERNMENT INFORM, ENGAGE & PROTECT THEIR CITIZENS
Clients in the a similar population bracket as Newton, IA . Acton, MA: www.acton-ma.gov . Baldwin Borough, PA www.baldwinborough.org . Coralville , IA: www.coralville.org . Davidson, NC: www.ci.davidson.nc.us . Dallas, OR: www.ci.dallas.or.us . Indianola, IA: www.indianolaiowa.gov . El Dorado, KS: www.eldoks.com . Muscatine, IA: www.muscatineiowa.gov
MAIN MENU HELPING LOCAL GOVERNMENT INFORM, ENGAGE & PROTECT THEIR CITIZENS
#WhyCivicPlus One of the features I really like is that CivicPlus takes into account the needs of Snohomish County, as well as any other jurisdiction, then listens and refines their product, ongoing. That kind of customer care and listening and changing to meet the needs for the benefit of all their customers is one of the reasons we stay with CivicPlus. Choosing them was easy. You guys got us over the hurdle of building and deploying a new website. We then look at the value proposition every time we need to think about our budget. We think about what value this communications platform has for our citizens. And we're happy to think that we've made the right choice. -Dave Stroble, Information Services Project Manager Snohomish County WA
MAIN MENU HELPING LOCAL GOVERNMENT INFORM, ENGAGE & PROTECT THEIR CITIZENS MAIN MENU HELPING LOCAL GOVERNMENT INFORM, ENGAGE & PROTECT THEIR CITIZENS Service & License Agreement for Newton, IA
Exhibit A - CivicPlus Project Deliverables
CivicPlus Project Development Services & Scope of Services for CP Advanced Redesign Design & Project Overview Annual Fee One Time Fee • New responsive design presented on Aurora • Redevelop navigation method (may choose top drop-down or other options) • Design setup – wireframe • Print this page option • Email this page option • Breadcrumbs • Sitemap • Redevelop graphic elements of website (Newsflash, FAQs, Calendar, etc.) • Project Management • Testing • Review • Content $995 $13,817 o Includes migrating of all existing content and retouching of published pages to ensure new site styles are applied and modules are related to feature columns. o Contact information will be moved to an info advanced area if previously formatted in a right contact layout. o Pages will be moved to coordinate with new menu structure Note: Content will be reformatted and broken up (shortened or re-sectioned) for usability and consistency. No new content will be developed during this process. • Spelling and broken links will be checked and updated by our team where possible. Additional report will be provided to client • (12) hours of customized refresher WebEx training for up to 2 individuals • CivicSend – Visually Rich Communication Solution • Inclusion of all standard modules (see follow page for complete list) Add-On Options Content Development – Develop all Content Pages Optional Custom Mobile App Optional (4) Department Header Packages (pricing includes annual fee $12,000 for year #1. Annual fee for year #2 is $675 per Department Header Package) Additional Banners Optional Media Center Module Optional $1,000
p/yr Annual Increase $995 Total One-Time Fee $23,817 Total Due upon signing $26,812
Performance under this Redesign Sales Form is subject to the terms and conditions of the original website development contract between CivicPlus and City of Newton, IA. The Total Fees for Year 1 will be invoiced upon agreement signing. Invoicing for Year 2 Annual Services begins one (1) year from agreement signed and are subject to 5% annual increase year 3 and beyond. The Client will be invoiced electronically through email. Upon request CivicPlus will mail invoices and the Client will be charged a $5.00 convenience fee.
Exhibit A 1 of 2 CivicPlus • 302 S. 4th St., Suite 500 • Manhattan, KS 66502 • www.CivicPlus.com Toll Free 888-228-2233 • Accounting Ext. 291 • Support Ext. 307 • Fax 785-587-8951
Service & License Agreement for Newton, IA
We, the undersigned, agreeing to the conditions specified in this document, understand and authorize the provision of services outlined in this Agreement.
Client Date
CivicPlus Date
Sign and E-mail the entire contract with exhibits to: [email protected]
We will e-mail a counter-signed copy of the contract back to you so we can begin your project.
CivicPlus does not require a physical copy of the contract, however, if you would like a physical copy of the contract, mail one (1) copy of the contract with original signature to: CivicPlus Contract Manager 302 S. 4th Street, Suite 500 Manhattan, KS 66502 Upon receipt of signed original, we will counter-sign and return the copy for your files.
Exhibit A 2 of 2 CivicPlus • 302 S. 4th St., Suite 500 • Manhattan, KS 66502 • www.CivicPlus.com Toll Free 888-228-2233 • Accounting Ext. 291 • Support Ext. 307 • Fax 785-587-8951
Service & License Agreement for Newton, IA
Project Development and Deployment Includes the Following:
Modules Functionality • Agenda Center • Action Items Queue • Alerts Center & Emergency Alert Notification • Audit Trail / History Log • Archive Center • Automated PDF Converter • Bid Postings • Automatic Content Archiving • Blog • Dynamic Breadcrumbs • Business/Resource Directory • Dynamic Sitemap • Calendar • Expiring Items Library • Citizen Request Tracker™ (5 users) • Graphic Link Administration • Community Connection • Links Redirect • Community Voice™ • Menu Management • Document Center • Mouse -over Menu Structure • ePayment Center • Online Editor for Editing and Page Creation (WYSIWYG) • Facilities & Reservations • Online Web Statistics • Frequently Asked Questions • Printer Friendly/Email Page • Forms Center • RSS • Intranet • Site Layout Options • Job Postings • Site Search & Entry Log • My Dashboard • Slideshow • News Flash • Social Media Integration (Facebook, Share and Twitter) • Notify Me® email and 500 SMS subscribers • User & Group Administration Rights • Photo Gallery • Web Page Upload Utility • Quick Links • Website Administrative Log • Spotlight • Staff Directory
Exhibit A 3 of 2 CivicPlus • 302 S. 4th St., Suite 500 • Manhattan, KS 66502 • www.CivicPlus.com Toll Free 888-228-2233 • Accounting Ext. 291 • Support Ext. 307 • Fax 785-587-8951
Redesign Quote for Newton, IA
All Quotes are in US Dollars and Valid for 90 Days from May 19, 2016.
ADVANCED REDESIGN- Content cleanup Includes: If your site has been live for years and many contributors have added to it, • New Responsive design it’s quite possible that you’ve got extraneous, redundant or poorly written • Redevelop navigation method (may choose top drop-down or other content. options) • Content The Advanced level redesign includes all the benefits of the Basic level o Recommended Navigation Consulting – Our experts will and puts our content editors to work by establishing a new recommended review existing content to outline best practices and navigation structure. Our experts will consult with your team to establish a suggested content structure based on new main navigation clear view of best practices and necessary pages to meet the needs of categories. Once approved, pages will be moved to your community based on new navigational items. Once approved, our coordinate with approved navigation structure and place team will actively edit and review all request to incorporate the new holder pages will be created if necessary. navigational structure and ensure formatting is consistent throughout your . Includes migrating of all existing content and new site. Place holder pages will be establish to help your organization retouching of published pages to ensure proper finalize the updated content areas for any new content that may need to formatting, menu structure and application of be established during or after training by your direct internal team. new site styles . Ensuring modules are related to feature columns Additionally, our design team will create an optimal viewing experience . Contact information will be moved to info with a new fully responsive design. With this, your website will optimize its advanced areas if pages previously utilized right layout based on the viewing device. contact formatting Note: NO new content will be developed during this process. This option works well for those customers with older sites that have had Holding pages for new content will be created for use of client many content contributors over time. Included in this we will provide six based on Navigation Consulting decisions. hours of web training grouped with other CivicPlus clients to ensure you • Spelling and broken links will be checked and updated by our team are off to a positive start with all the new features Aurora has to offer. where possible. Additional report will be provided to client • Six hours of Aurora webinar group training for 2 people that will be After everything is said and done, you will be able to promote your new scheduled during the project with other client participants mobile friendly site using the robust communication solution of CivicSend. • (3) Four hour days of on-site training for up to 2 individuals This solution allows you connect to your current notify me list and social • CivicSend – Visually Rich Communication Solution media accounts all in one visually rich mass communication solution.
Reduced Redesign w/ Long Term Partnership Reduced Annual Fee – CivicSend $995 Discount - $13,817
Original 2015 Reduced Redesign Fee: $17,144
• Custom Mobile App. One-time cost is $5,500 Annual fee is $1,950 • Additional banners
n n • Subsite One-Time • Department Package TBD • Additional Themes
• CivicReady Monthly • CivicHR – Online Application and Applicant Tracking System TBD • On-site Consulting Packages Add O Add o Content o Citizen Engagement / Website Marketing o Intranet
+CivicPlus.com CORPORATE OFFICE 317 Houston Street, Suite E Manhattan, KS 66502 888.228.2233 + FAX 7853.587.8951
Redesign Quote for Newton, IA
All Quotes are in US Dollars and Valid for 90 Days from May 19, 2016.
• Additional banners • Subsite n n • Department Package One-Time • Additional Theme TBD • CivicHR – Online Application and Applicant Tracking System • CivicReady Monthly • On-site Consulting Packages TBD
Add O Add o Content o Citizen Engagement / Website Marketing o Intranet
Modules and Functionality Included: Modules Functionality • Agenda Center • Action Items Queue • Archive Center • Audit Trail / History Log • Bid Postings • Automated PDF Converter • Blog • Automatic Content Archiving • Business / Resource Directory • Dynamic Breadcrumbs • Calendar • Dynamic Sitemap • Community Voice / Community Connection • Expiring Items Library • Document Center • Graphic Link Administration • Emergency Alert Notification • Links Redirect and Broken Links Finder • ePay • Menu Management • Facebook Integration • Mouse-over Menu Structure • Facilities & Reservations • Online Editor for Editing and Page Creation • FAQs • Online Web Statistics (Only with CivicPlus Hosting) • Featured Info Module • Page Wizard for Preformatted Page Options • Forms Development Tool • Printer Friendly • Intranet • RSS • Job Postings • Search Engine Registration • My Dashboard • Site Layout Options • News Flash • Site Search & Entry Log • Notify Me Email Subscription • Slideshow • Opinion Poll • User / Group Permission with Author & Publisher Rights • Photo Gallery • Web Page Upload Utility • Quick Links • Website Administrative Log • Real Estate Locator • Request Tracker Suite (5 Users) • Staff Directory • Twitter Integration
Support, Maintenance & Hosting Services Include: Support Maintenance of CivicPlus Hosting Application & Modules
7-7 (CST) Mon-Fri (excluding holidays) Install Service Patches for OS Shared Web/SQL Server 24/7 Emergency Support Upgrades DNS Consulting & Maintenance Dedicated Support Personnel Fixes Monitor Bandwidth-Router Traffic 2-hour Response during Normal Hours Improvements Redundant ISP
+CivicPlus.com CORPORATE OFFICE 317 Houston Street, Suite E Manhattan, KS 66502 888.228.2233 + FAX 7853.587.8951
Redesign Quote for Newton, IA
All Quotes are in US Dollars and Valid for 90 Days from May 19, 2016.
Usability Improvements Integration Redundant Cooling Integration New & Upgraded Services Testing Natural Gas Powered Generator Proactive Support for Updates & Fixes Development Daily Tape Backup Online Training Manuals Usage License Intrusion Detection & Prevention Monthly Newsletters Antivirus Protection Phone Consulting Upgrade Hardware CivicPlus Connection CivicPlus University
CivicPlus CivicPlus Has More to Offer CivicPlus recognizes that organizations have needs outside of the website. With this in mind, we have created additional solutions to help your community and departments operate in a more efficient manner.
Specifically focused on helping governments recruit, hire, and engage employees CivicHR is the only software specifically focused on helping governments recruit, hire, and engage employees with personalized customer service and easy implementation. CivicHR simplifies the HR processes associated with hiring and engagement to help communities perform at their best.
This web-based solution integrates and organizes data, automates job postings, parses resumes and simplifies onboarding and performance management. The complete CivicHR suite consists of four standalone solutions that can be established to meet your needs. Each product module listed below may be purchased as a stand-alone solution or an integrated bundle.
Applicant Tracking
Applicant Tracking is a web-based recruiting and hiring platform. All the Includes: tools needed to easily manage job descriptions, publish open positions, • Performance Based Hiring Profiling accept online applications, and screen candidates. Designed to help you creates clear expectations for candidates that will attract high- hire top talent in less time. performers and reduce turnover.
What can the CivicHR Applicant Tracking do for you? • Social Networking Integration • Standard your process to lower the risk of discrimination Flexibility to post jobs to your Career Portal, Facebook, Twitter, lawsuits LinkedIn, Craigslist, and others • Save time reviewing resumes • Increase employee retention • Job Management Module • Ensure EEOC and OFCCP compliance Manage all the details for your many positions in one single location making it easy to keep things up-to-date with collaborative feedback
• Dynamic Assessment List Custom job specific assessments that allow you to screen candidates for core competencies that you identified
• Resume Parsing
+CivicPlus.com CORPORATE OFFICE 317 Houston Street, Suite E Manhattan, KS 66502 888.228.2233 + FAX 7853.587.8951
Redesign Quote for Newton, IA
All Quotes are in US Dollars and Valid for 90 Days from May 19, 2016.
All resumes uploaded into the system are automatically parsed and searchable from within the database
• Reporting Full reporting framework includes Candidate Sourcing, Candidate Status, Job Descriptions, Career Portal Metrics, and EEO-1 compliance reporting One Time - $ xx Annual - $ xx
Employee Onboarding
An effective Employee Onboarding program can improve employee Includes: performance by up to 11.3%. This is just one of the reasons we believe it • Employee Onboarding Portal is important to offer this solution. • W-4 and I-9 Automated forms • Job Management Module CivicHR’s Employee Onboarding program can help you standardize and • Custom Workflow Management simplify your hiring and onboarding process. • New Hire Onboarding Surveys • Job and Workflow Templates What can the CivicHR Employee Onboarding do for you? • Shorten the new employee’s learning curve This solution provides all the tools necessary to easily create, distribute • Increase productivity and collect all necessary employee forms, distribute surveys, setup • Facilitate compliance with company policies and procedures employee resources and manage training plans so new hires quickly • Improves job satisfaction and retention become highly productive employees. • Promote communication between managers and staff • Streamline paperwork and orientations One Time - $ xx Annual - $ xx Performance Management
CivicHR Performance Management is a web-based performance Includes: assessment platform. With all the tools necessary to complete employee • Ability to create supervisor defined job objectives and track feedback performance evaluations, motivate achievement and measure • Flexibility to link job objectives to community goals to ensure engagement to help local government staff better serve their communities. employees are working towards the same end result • Access to create and manage core competencies and all employees The CivicHR Performance Management system includes easy-to-use are responsible for achieving multi-appraiser and 360-degree evaluation tools for a complete look at • Supervisor Routing – Customize your routing workflows that are employee performance. specific to each employees’ line of oversight • Customizable Multi-Appraiser Setup What can you do with CivicHR Performance Management do for you? • Integrated Document Management This solution offers the ability to create and track dynamic performance metrics with our easy to use MBO (Management By Objectives) This solution provides all the tools necessary to easily manage your Performance Management System. employee performance and supporting documentation.
One Time - $ xx Annual - $ xx
+CivicPlus.com CORPORATE OFFICE 317 Houston Street, Suite E Manhattan, KS 66502 888.228.2233 + FAX 7853.587.8951
Sending Made Simple Save Time. Improve Efficiency. Increase Engagement.
BENEFITS Meet CivicSend, a visually rich e-communication platform designed with governments and citizens in mind. It’s new from CivicPlus. Easily create customized messages Robust, yet simple to use Communicating with your citizens just got easier. Seamless integration with GCMS*
With CivicSend, you can create professional-looking messages in minutes. Simply select your communication channels (email, text, social media), then choose a template, customize, and send. It really is that easy, that efficient.
CivicSend at a glance:
■ Versatile communication tool – Not just for newsletters ■ Communicates efficiently – From one interface to multiple channels ■ Robust analytics – Track and measure response rates ■ Mobile-responsive – Reach citizens anywhere ■ Autopost to website – All communication in one centralized location ■ Accesses your GCMS* subscriber lists – Select one or multiple lists ■ Template-based – Create attractive, engaging messages ■ Intuitive – Features a new, easy-to-use CivicPlus interface ■ Value-conscious – Offers unlimited emails and lists
CivicSend offers all this and more, right from the user-friendly interface of your Government Content Management SystemTM (GCMS). You can create anything from simple messages to event invitations to multi-image e-newsletters. Our templates make crafting professional-looking messages a snap – no experience necessary.
If using a centralized communication tool to save time, improve efficiency, and increase citizen engagement is important to you, let us show you first-hand what CivicSend can do.
CONNECTING PEOPLE *Government Content Management System
CivicSend 888.228.2233 CivicSend.com 317 Houston Street, Suite E, Manhattan, KS 66502 One communication solution. One user-friendly interface. Endless possibilities.
Since 2001, CivicPlus has been working to help local governments communicate the way citizens Additional Services most want to connect – digitally. Our solutions reach beyond interactive websites to help our clients stay in step with today’s technology across the board. CivicSend answers the need for a robust, Save your customized templates anytime, mobile-ready communication solution. for future communication
Add a lead-in message to text messages and social media posts
Save Time Improve Efficiency Increase Engagement
Simplify your communication, beautifully.
CivicSend offers both beauty and brains. You can use it to craft visually rich messages, then measure citizen engagement with our analytics dashboard.
Better yet, we’re saving you steps. Create your message using a single interface, then send through Connect with Us multiple channels (email, text, social media). CivicSend also auto-posts the content to your website.
Phone: 888.228.2233 Our goal with CivicSend was to create an e-communication tool that does everything you need it to Email: [email protected] do… and nothing you don’t. It’s sending made simple. Web: www.CivicSend.com
CONNECTING PEOPLE
CivicSend 888.228.2233 CivicSend.com 317 Houston Street, Suite E, Manhattan, KS 66502 City of Newton Council Report
Item: Resolution Approving a One-Year Extension for Venture Homes to Continue to Build Houses in Fountain Hills Estates Subdivision
Report Number: 16-292 Summary: Venture Homes has built the first four homes in Fountain Hills Estates subdivision and has Date: December 19, 2016 requested a one-year extension of an agreement with the City in order to build more. Lead Department: Finance and Development Financial Impact: Additional homes would build the overall tax base. Recommendation: Approval
Background:
Fountain Hills Estates subdivision, located north of South 12th Avenue West, immediately west of Highway 14, sat dormant for nearly twenty years. In March of 2014, the City entered into an agreement with Venture Homes of West Des Moines to start building new homes on the Fountain Hills lots. Since the City had not paid to acquire these lots through the tax sale process, the lots were pledged to Venture Homes at a nominal price. Beginning in 2014, Venture Homes has constructed and sold three homes and is completing the construction of a fourth.
The 2014 agreement with Venture Homes is slated to expire at the end of 2016. Stephen Grubb, president of Venture Homes, has submitted a letter to the City requesting a one-year extension of the agreement. Grubb believes that Venture Homes has started to generate some neighborhood momentum in the subdivision and wants to have one more year to capitalize on that with new home construction.
Venture has constructed quality homes in the subdivision that are consistent with the goals of the Newton Housing Initiative. A one-year extension would allow for more consistency of construction in Fountain Hills and build on the momentum that Venture Homes has generated.
Recommendation: Staff recommends approval of the Resolution.
Jarrod Wellik Interim City Administrator
RESOLUTION NO. 2016 ______
RESOLUTION APPROVING A ONE-YEAR EXTENSION FOR VENTURE HOMES TO CONTINUE TO BUILD HOUSES IN FOUNTAIN HILLS ESTATES SUBDIVISION
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, on March 17, 2014, the City Council passed a Resolution approving a development agreement with Venture Homes of West Des Moines to have the first homes constructed in the subdivision; and
WHEREAS, Venture Homes has constructed four homes in the subdivision and has plans to construct additional homes based on market demand; and
WHEREAS, to allow for more construction, Venture Homes has requested a one- year extension on the development agreement to December 31, 2017; and
WHEREAS, it is consistent with the City’s housing-promotion goals to enable Venture Home to continue to build new housing in Fountain Hills; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newton:
That the attached Agreement to Purchase Real Estate negotiated with the City by Venture Homes by Stephen R. Grubb II, LLC, be extended one year to December 31, 2017.
PASSED this 19th day of December, 2016.
APPROVED this ______day of December 2016.
______Michael L. Hansen, Mayor
ATTEST:
______Cheryl Salyers, Deputy City Clerk
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 3rd day of March, 2014, 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 2013-2014 fiscal 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 parcels of land (hereinafter "Property") described as follows:
Fountain Hills Estates, First Addition, Lots 18, 19, and 20, City of Newton, as they appear 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 each of the lots for the Developer to examine prior to closing.
SECTION 6. CITY RESPONSIBILITIES
a) The City of Newton shall take action to modify or remove private covenants on any of the properties in Fountain Hills Estates, First Addition, to the satisfaction of the Developer.
b) The City guarantees that utilities are available to the lots, including City water, City sanitary sewer, electricity, and natural gas. Purchase and Development Agreement Page 2
c) The City shall approve all compliant survey submittals that create separate parcels for the regulatory flood plain portions of the lots. These are approvable administratively as plats of survey.
SECTION 7. ADDITIONAL LOTS The City of Newton shall sell to the Developer, upon written request and at the cost of $1.00 per lot, any of the additional seventeen lots in Fountain Hills Estates, First Addition. The City shall not otherwise transfer any of the lots to any other party before December 31st, 2016 without the written approval of the Developer. Any lots that the Developer has acquired but not started construction of residences on by December 31st, 2016 shall be deeded back to the City of Newton, unless another agreement is mutually approved by the City and Developer.
SECTION 8. 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). The Developer shall begin construction of two homes prior to June 1, 2014 and complete these prior to December 31, 2014.
Submission of Construction Plans. The Developer shall submit construction plans for the construction of the first two homes within 30 days of the Closing Date as provided above. The cost of preparation of the plans and permits required for construction are the responsibility of the Developer.
SECTION 9. 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 10. 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 has been completed and the City has issued a Certificate of Completion as provided in Section 11.
SECTION 11. CERTIFICATE OF COMPLETION.
a) Promptly after completion of the improvements in accordance with this Agreement, as relating solely to the obligations of the Developer to timely construct certain improvements, the City will furnish the Developer with a Certificate of Completion so certifying. Such certificate shall be a conclusive determination of satisfaction and termination of this Agreement.
b) If the City shall refuse or fail to provide certification in accordance with this Section, the City shall, within thirty (30) days after written request by the Developer, provide the Developer with a written statement indicating with detail in what respects the Developer has failed to complete the improvements in accordance with this Agreement, or its otherwise in default, and what measures or acts will be necessary, in the opinion of the City, for the Developer to take or perform in order to obtain such certification.
SECTION 12. 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 Purchase and Development Agreement Page 3 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 13. 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 the address stated in preamble to this Agreement; and,
(b) In the case of the City, is addressed or delivered personally to the City Administrator, 101 West 4th 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.
SECTION 14. 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 and the Attached Additional Terms of Sale 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
Purchase and Development Agreement Page 4
DEVELOPER:
By:
Purchase and Development Agreement Page 5
City of Newton Council Report
Item: Resolution Approving Submittal of an Application for the State of Iowa High Quality Job Program
Summary: Graphic Packaging International is Report Number: 16-293 planning an expansion project in Newton and is seeking a City endorsement and tax abatement Date: December 19, 2016
Financial Impact: Lead Department: The building expansion is projected to add at least Finance and Development $3 million to Newton’s tax base. Three-years of tax abatement would be estimated at $343,000. Recommendation: Approval
Background:
Earlier this year, Graphic Packaging International purchased the Walter G. Anderson company, including the carton factory at 1204 North 15th Avenue East in Newton. Now Graphic Packaging is working with the Iowa Economic Development Authority on an expansion project at the existing Newton plant. In order to facilitate this investment, the State is putting together an incentive package, which could include job training, tax credits, and tax refunds, through the High Quality Job Program (HQJP). The State programs require the City of Newton to officially sponsor the application. The State also requires that the City provide a local match in the amount of at least 20% of the project’s direct assistance. For this project, the City’s existing three-year industrial property tax abatement scale would provide the required match. The new addition is projected to be valuated at over $3 million, so the value of the three-year abatement would be approximately $343,000.
The Iowa Economic Development Board is slated to conditionally act on the assistance application at their December 16th, 2016 meeting. In order for the Board’s action to be finalized, a Resolution supporting the application is required from the City of Newton.
Recommendation: Staff recommends approval of the Resolution.
Jarrod Wellik Interim City Administrator
RESOLUTION NO. 2016 ______
RESOLUTION APPROVING SUBMITTAL OF AN APPLICATION FOR THE STATE OF IOWA HIGH QUALITY JOB PROGRAM
WHEREAS, a company, Graphic Packaging International, Inc., is considering an expansion project at their existing facility at 1204 North 15th Avenue East in the City of Newton in Jasper County, Iowa; and
WHEREAS, the project is contingent upon State of Iowa assistance to help finance the cost of the business expansion project and to create new employment opportunities in the City; and
WHEREAS, the City is being asked to endorse an application for State of Iowa assistance, which could take the form of job training, tax credits, and tax refunds, through the High Quality Job Program to help support the project; and
WHEREAS, the City is required to provide local matching funds for direct State assistance, which would take the form of a projected $343,000 in property tax abatement over a three-year period, through the City’s existing Urban Revitalization industrial tax abatement program;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of Newton, Iowa, as sponsor, hereby approves submittal of an application for the High Quality Job Program; and
BE IT FURTHER RESOLVED that the City will provide the required local match for State assistance through its existing three-year 100% Urban Revitalization industrial tax abatement program; and
BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby authorized to execute any documents as may be necessary for submittal of said application.
PASSED this 19th day of December, 2016.
APPROVED this ______day of December 2016.
______Michael L. Hansen, Mayor
ATTEST:
______Katrina Davis, City Clerk
=Project is complete or on schedule
= Project will be completed behind schedule.
=Project will not be completed. 2015-2017 Strategic Action Plan: Have Effective, Efficient, Democratic Governance
Goal DG-1: Be good stewards of Goal DG-2: Align technology to Goal DG-3: Enhance provide better information access financial resources and assets organizational systems and and convenience develop a high quality workforce
DG-1.A: Financial projections DG-3.A: Training Objective DG-2.A: Payment Convenience
DG-2.B: Public Internet Access DG-1.B: Policy Updates DG-3.B: Lean Initiative Connectivity
DG-2.C: Audio/video DG-1.C: Asset Maintenance DG-3.C: Performance Management communications
DG-3.D: Workers Compensation DG-2.D: Website Information Standards
Increase use of performance-based DG-2.E: “Get to Know Newton” Campaign measurementDG-3.E: Collaboration in Fire Department Financial Projections
Project Description Overall Project Status as of: 12/13/2016 By December 1, 2015, prepare five-year projections and implementation plan for the major “Warning Trends” identified in the Financial Trends Analysis Report. Project is complete.
Project Team Lead: Bryan Friedman Support: Natalie Umsted
Accomplishments Next Steps The latest Financial Trends Analysis Report was presented to City Council in September 2016. The report identified four “Warning Trends,” listed below. Continue monitoring of Warning Trends and taking implementation steps to improve them. Without any response and left unchecked, these trend lines are projected to worsen in the upcoming years. Therefore, the City is actively working on ways to stabilize and then improve these trends. Property Value: The $3.6 million Housing Initiative is designed to help grow residential values. Employee Costs: Staff is studying ways to make employee costs more sustainable. Employee Benefits: With the new union contracts and non-bargaining handbook changes, increases in employee premium contribution rates have been adopted. Other strategies include pro-active strides (training, equipment, awareness) to improve employee safety and wellness and the encouraging of enrollment into the Health Savings Account high deductible plan. Golf: Capital investments have been made with general bonds funds to improve the golf experience and reduce operating costs. New clubhouse plans that could spur additional revenue growth have been designed. Staff has been meeting with Christina Moffatt, Regional Director of the Small Business Development Center, to establish a business plan for the course with the clubhouse. A Westwood work group is starting to meet next month to establish new strategies for the course. Metrics/Measurements Upcoming decisions for City Council The subject matter of this item is inherently based on the financial measures None at this time. found in the Financial Trends Analysis Report. Items that projected to be on unsustainable paths were labeled as Warning Trends. Policy Updates
Project Description Overall Project Status as of: 12/19/2016 By July 1, 2016, review, update, and create various City policies in order to meet audit recommendations, and clarify current policies.
Project is on schedule.
Project Team Lead: Katrina Davis Support: Bryan Friedman
Accomplishments Next Steps The updated Sick Leave Policy, Maternity/Paternity, & FMLA Policies were communicated to all Unions during negotiations to be effective 7/1/2016. Finalize changes to the Administrative Manual once the new City Administrator is hired.
th The July 1, 2016 Employee Handbook was approved by Council on April 18 Include the updated Electronic Usage Policy, Social Media Policy and and meetings are being held to update all employees on the changes. Bring Your Own Device Policy into the revised Administrative Manual
Department Directors are reviewing the current Administrative Manual for changes.
The recodification of the City Code of Ordinances has been adopted by Council; the effective date is set for 9/1/2016.
Metrics/Measurements Upcoming decisions for City Council The initial goal was to update and/or implement the following 8 policies: Sick Leave Policy; Maternity/Paternity; Employee Handbook; Administrative Manual; Social Media Policy; Bring Your Own Device Policy; Open Records Policy; Code of Ordinances.
To date, 5 of these policies have been updated and approved. 2, the Social Media and BYOD policies will be rolled into the Administrative Manual under the Electronic Usage Policy. The final policy (Administrative Manual) is being updated by Section.
Asset Maintenance
Project Description Overall Project Status as of: 12/19/2016 By December 31, 2016, establish a five-year Building and Facility Maintenance Plan. By September 30, 2015, implement Hometown Reward Program for energy conservation. Project is on schedule.
Project Team Lead: Keith Laube Support: Bryan Friedman, Jackie Boat
Accomplishments Next Steps Established a Hometown Reward Program. Completed Library masonry restoration project. Replace roof membrane on west entrance to Library. Installed downspouts on south side of Fire Department to eliminate rainwater Complete lighting upgrades at the Public Works office. from getting into the basement mechanical room. Repaired leak in basement plumbing beneath Fire Department. Evaluate the cost-benefits of having the building assessment done. We Placed concrete to prevent rainwater from flowing onto the floor of the PW obtained a proposal in the amount of $30,500 for a consultant to perform a garage. building assessment of various city buildings. Had professionals evaluate Maytag Park Caretaker House. Had a new roof installed on the west garage at the Public Works building. . Installed of energy efficient pumps and lighting at the wastewater plant.
Metrics/Measurements Upcoming decisions for City Council Hometown Rewards: Budget $30,500 in FY 2017-2018 for a consultant to perform a building Met goal to engage 20% of population. assessment of various city buildings. Goal is reduce residential energy by 2% per year (currently at 1.5%). The current efforts are to have an energy assessment done on 25% of commercial/industrial buildings (140 businesses).
Payment Convenience
Project Description Overall Project Status as of: 12/19/2016 By December 31, 2015, begin accepting online payments. By July 31, 2016, expand the acceptance of credit card payments at all City facilities. By December 31, 2015, the Library will begin accepting online payments for the Project is behind schedule. library catalog.
Project Team Lead: Katrina Davis Support: Bryan Friedman & Susan Beise
Accomplishments Next Steps The City contracted with website provider (Civic Plus) for online payment vendor Heartland Payment Services to integrate that payment system into the Roll out next service for online payments. City website. The City is fully registered with Heartland Payment Services. Identify the best Lean process for implementation of online payments for items such as Dog & Cat Licenses where items must pass back and forth Forms and fee schedules have been created for many City services such as between staff and customers. pool passes, shelter rental, retiree insurance payments, & ambulance billing. Working to implement each phase. Implement the complete facilities module on January 3rd for summer of 2017 reservations and online payments.
Working on workflow to best facilitate online payments street closing permits.
Metrics/Measurements Upcoming decisions for City Council Establishing metrics by identifying all services accepting payments
Online bill pay of ambulance services, rental permits, sign permits, building permits, COBRA & retiree insurance payments are now live. Public Internet Connectivity
Project Description Overall Project Status as of: 12/14/2016 By June 30, 2017, the Library will improve and stabilize Internet connectivity and functionality for public access at the Library. By June 30, 2017, the Library will review fiber optic access opportunities. Project is on schedule.
Project Team Lead: Susan Beise Support: Katrina Davis
Accomplishments Next Steps 1. Contracted with a local firm to upgrade the network infrastructure (cabling). First look at fiber optic options was unsatisfactory. Have 4. Complete paperwork for grant with press release about the upgraded network cabling. applied for a Jasper County Foundation grant to pay for part of the 3- stage project: a) cabling 6 staff & public machines; b) upgrading 5. Review networking as part of the library space utilization plan. existing category 5 to category 6 cable everywhere; c) cabling 11 public stations. 6. Revisit fiber optic possibilities. 2. Consultant for library space utilization interviewed staff on site to make 7. Review bridge antenna connection from the library to the node at recommendations for changing the library scape. This will affect DMACC campus. network infrastructure as well. 3. Applied for and was awarded a Jasper County Foundation grant to complete the cabling project; hired Van Maanen Electric to upgrade the cabling. Project essentially completed by December 1, 2017.
Metrics/Measurements Upcoming decisions for City Council Speed tests (speedtest.net) run before and after on wireless-to-cabled None at this time relating to the cabling project. stations should reflect a 30-40% increase in speed with fewer drop-offs.
Results: Speed tests run before and after the cabling of wireless-to-cabled stations show a 219% increase in upload speed (3.2 x faster) and a 673% increase in download speed (7.7 x faster) than previous state. Anecdotal report from the Circulation staff has been a dramatic decrease in drop-offs, reflecting greater stability to the network benefiting both staff and public. Audio/Video Communications
Project Description Overall Project Status as of: 12/19/2016 By June 30, 2017, implement the third phase in the audio/video communications upgrade to include the replacement and relocation of two cameras, a monitor that is capable of replacing the three old ones, and Project is complete. upgrading all of the connections to digital versus the current analog.
Project Team Lead: Katrina Davis
Accomplishments Next Steps The camera system, monitor, and connection upgrades have been installed and are currently broadcasting and streaming in HD.
The upgrade the projection system in the Council Chambers. This will include a mounted projector, a new HD screen; and an articulating wall mount LED screen which will allow for Council viewing of duplicated material as it is projected on the wall for citizen’s viewing
Metrics/Measurements Upcoming decisions for City Council Completed Website Information
Project Description Overall Project Status as of: 12/19/2016 By June 30, 2017, contract web designer to expand and upgrade information available on the City’s website.
Project is on schedule.
Project Team Lead: Katrina Davis
Accomplishments Next Steps The Project Assistant completed 350 pages of the website in order to correct broken links and update for ADA compliance. A web design upgrade which will include a refresh of the theme, photos, and software improvements. Working to review cost and new design
The Civic HR online application module is online and working well for elements. interested applicants. Civic HR streamlines the hiring process by routing applicants through the hiring process, improves engagement, and manages Implement the complete facilities module on January 3rd for summer of employee data in a centralized, secure system. It extends our reach to 2017 reservations and online payments. include the job search engine, Indeed.
The Project Assistant is currently working with each department on updating their material in order to keep information fresh and new. She is also working with the Parks Division to implement the Facilities module which will improve the ability for citizens to reserve and pay for shelters online.
Metrics/Measurements Upcoming decisions for City Council 100% completed updating for ADA compliance and broken links (350 pages) Approval of Web Design Contract for pages that have not been modified since review.
Civic HR completed
Various online permit application process are available online
“Get to Know Newton” Campaign
Project Description Overall Project Status as of: 12/13/2016 By June 30, 2017, increase communications with residents through a cross- platform approach, utilizing digital, social, print, and earned media.
Project is on schedule.
Project Team Lead: Natalie Umsted Support: Katrina Davis
Accomplishments Next Steps Quarterly magazines were distributed to residents in October 2016. Staff is planning to work with Civic Plus to update the City website. “100 Signs of Progress” outreach to citizens included speaking with civic Staff is in the hiring process for a Community Marketing Manager that will organizations, ads in the Newton Daily News, KCOB, and Energy, and a visual assist in citizen engagement. It is hoped that role will be filled in January. display outside of Newton City Hall.
“Get to Know Newton” continues to have regular social media outreach.
“Proud to Know Newton” radio show continues to be recorded weekly to inform residents about a wide variety of City and community happenings.
Metrics/Measurements Upcoming decisions for City Council 2016 Community Survey, percent rating at “good” or “excellent” public Contract with Civic Plus for website redesign. information services: 57.1% (compared to a 53.6% 2014 rating) Training Objective
Project Description Overall Project Status as of: 12/19/2016 By June 30, 2017, develop an Employee Succession Plan. July 1, 2015 through June 30, 2017, develop and implement quarterly supervisory training sessions. July 1, 2015, through June 30, 2017, implement Project is on schedule. departmental training plan for staff at all levels of the organization through workshops and seminars.
Project Team Lead: Katrina Davis
Accomplishments Next Steps Implementing Intern opportunities for the WPC Plant future employment needs. Staff development sessions will include: – Main Street and our Historic Held multiple Leadership sessions, including: EOC training, Drug Free Workplace training for CDL employees through the DOT, Effective Performance Reviews, Workplace Safety training District will be featured with guest speaker Larry Hurto and Chief Burdess by IMWCA, How to Supervise People through Fred Pryor. and Officer Walker will provide a demonstration by Smokey.
Held several staff development sessions on City priorities and speakers. Sessions for 2016 Supervisor Roundtable Session on Documentation have included: Economic Development with panel members from NDC, NHDC and the City, Field Trip to the Landfill to see the GPS in operation along with equipment demonstrations
Beginning the 16-17 sessions to include informative presentations by Department. This will educate employees on things that are happening in our City and what other Departments are working on.
Supervisor Training with Fred Pryor was held on October 26th over Leadership, Team-Building and Coaching Skills
Metrics/Measurements Upcoming decisions for City Council Complete 4 Supervisor Training sessions for 2016-17
Complete 4 Staff Development sessions for 2016-17 Lean Initiative
Project Description Overall Project Status as of: 12/19/2016 July 1, 2015 through June 30, 2017, use the Process Improvement System to increase and improve operational effectiveness and efficiency by holding two process mapping sessions per year. Project is on schedule.
Project Team Lead: Katrina Davis
Accomplishments Next Steps Completed Lean Process Mapping on the following areas: EMS Reporting, Permit Processing, Payroll Process, and Nuisance Enforcement. Scheduling follow up Lean meeting for EMS & Payroll in January; Permit Processing and Nuisance Enforcement in February.
Held a follow up meeting on Payroll Lean. Payroll is working with each Working with Departments to identify additional processes to Lean. department to create the electronic time submittal forms. Once employees include their time all of the information will automatically update a combined Currently holding a Lean Process Mapping for Cemetery Records. Time Report that the Supervisor signs off on all at once. This information then automatically updates to Payroll and can be electronically uploaded into the Payroll system, eliminating duplicate manual entry. Pool and Golf Course using a mobile app for seasonal employees to clock in and out at those facilities.
EMS Lean – software has been purchased and implementation is in progress.
Metrics/Measurements Upcoming decisions for City Council Payroll Lean: Electronic timesheets will reduce the number of steps by another 18 steps from our initial future state. We hope to have all Departments integrated and trained by the end of February. Seasonal timeclock is implemented/reduced all paper timesheets, the manual adding, and manual entry for approximately 45 seasonal employees. (currently taking metrics)
Permit Lean: Expect to reduce processing time by 50%. Builiding & Sign Permits are online Performance Management
Project Description Overall Project Status as of: 12/13/2016 July 1, 2015, through June 30, 2017, use Performance Management system in all Departments.
Project is complete.
Project Team Lead: Natalie Umsted
Accomplishments Next Steps Reports provided to Council: Continue to collect and analyze data to improve plans and processes. • December 2015: 2015 Performance Report • December 2015: 2015 Financial Trends Report • February 2016: Citizen Survey • September 2016: 2016 Performance Report • September 2016: 2016 Financial Trends Report • Monthly Action Plan Progress Reports
The reports listed above were used in the review of the 2016 update to the City’s Comprehensive Plan as well as in the creation of the 2017-2019 Action Plan, which was adopted by Council at the 12-5-16 Council Meeting.
Metrics/Measurements Upcoming decisions for City Council 5 performance reports have been compiled and delivered to City Council and None at this time. the public (listed above). Workers Compensation Standards
Project Description Overall Project Status as of: 12/19/2016 By June 30, 2017, meet IMWCA’s Workers Compensation Best Practices Standards and apply for certification.
Project is on schedule.
Project Team Lead: Katrina Davis Support: Safety Committee
Accomplishments Next Steps Completed implementation of the updated Safety Policy approved by Council. Complete updating Job Descriptions to include Safety Elements. Safety committee began internal safety audits in all departments. Updated Safety glasses policy. Meet with Newton Clinic and Kinetic Edge to develop a designated Contracted with a new vendor for safety training and consulting. physician program. Added Safety components to performance reviews. Work with Department Supervisors on the Injury Investigation Reports. Workers Comp Loss Control Manager met with the Safety Committee on reviewing and recommendations for Work Comp claims.
Employees attended the 2016 OSHA refresher training.
Employee Safety/Wellness Day was held October 19th 2016
Metrics/Measurements Upcoming decisions for City Council Reportable injuries have reduced from 22 in 2014 to 14 in 2015. Collaboration
Project Description Overall Project Status as of: 12/19/2016 By July 1, 2017, implement initiatives in employee motivation, teamwork, communication, and goal setting to move Departments towards a participative (System 4) High Performance Organization. Project is on schedule.
Project Team Lead: Katrina Davis
Accomplishments Next Steps Included various departments and employees in developing the Lean Implementing new Onboarding initiatives in order to provide more Process Improvements for cross departmental processes. Employees were information and a sense of belonging for new employees. able to work together to develop best practices, better communication opportunities, and shared goal setting. Continue to communicate the importance of employee’s individual and Providing Training Opportunities for employees at all levels. collective responsibilities in meeting citizen needs and expectations. Implemented a new employee recognition program. Holding employee recognition lunches. Continue to use a collaborative approach to resolving problems and Announcing employee wins in the City Administrator’s weekly report. pursue opportunities as a team and across departments. Updating information on the employee Intranet. Work to increase the System 2 results.
Metrics/Measurements Upcoming decisions for City Council 2016 Likert Survey was conducted. As an organization as a whole, our results were slightly more positive than in 2015, but still less positive than in 2012 or 2013. At the departmental level, several departments had significant improvement since 2015, with Fire, and Police in particular showing improvement.
As of the date of the survey the City Wide results fluctuate between a System 2 and System 3 depending on the