Agenda: Newton City Council
Regular Meeting City Hall Council Chambers September 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. Main Street Update – Graham Sullivan Citizen Participation 3. This is the time of the meeting that a citizen may address the Council on matters that are included in the consent agenda or a matter that is not on the regular agenda. Except in cases of legal emergency, the City Council cannot take formal action at the meeting, but may ask the City staff to research the matter or have the matter placed on a subsequent agenda. Consent Agenda 4. September 06, 2016 Regular City Council Meeting Minutes 5. September 07, 2016 Goal Setting Session Minutes 6. Resolution levying assessments for costs of nuisance abatement and providing for the payment thereof (Schedule 16-11). (Council Report 16-201) 7. Resolution fixing the Amounts to be assessed against individual private property for the abatement of nuisance violations (Schedule 16-12). (Council Report 16-202) 8. Resolution Approving a Property Tax Rebate for Newton Enterprises, LLC, for Property Located Within the North Central Urban Renewal Area. (Council Report 16-203) 9. Resolution Approving the 2015-2016 Annual City Street Financial Report. (Council Report 16-204) 10. Resolution approving Telecommunications Licensing Agreement with Windstream Iowa Communications, LLC. (Council Report 16-205) 11. Resolution approving a Telecommunications Licensing Agreement with Aureon. (Council Report 16-206) 12. Resolution accepting completion of the 2016 Highway and Stencil Painting Project. (Council Report 16-207) 13. Resolution approving 28E Agreement with the State of Iowa Alcoholic Beverage Division of the Department of Commerce supporting Tobacco Compliance Checks. (Council Report 16-208) 14. Approval of Bills Ordinance 15. Second Consideration of an Ordinance amending the Code of Ordinances, City of Newton, Iowa, 2016, Title VII, Chapter 70, Section 70.15, “Traffic and Parking Offenses Adopted by Code Reference” by adding stop signs on North Second Avenue East at East Second Street North in the NE Quadrant. (Council Report 16-187) • Citizens have expressed concern over the N 2nd Ave E and E 2nd St N intersection in relation to vehicle and pedestrian traffic. • This neighborhood and intersection were analyzed and based on the vehicle and pedestrian traffic and the neighborhood parking dynamics the Traffic Safety Committee recommends that stops signs be added to N 2nd Ave E. at E. 2nd St N. for east and westbound traffic to stop. • City Staff recommends approval of the Ordinance to improve the safety of our residents traveling in that area. 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 Code Reference” by adding stops signs and yield signs at various locations in the southwest quadrant of Newton. (Council Report 16-209) • The traffic safety committee looked at the 12 uncontrolled intersections located in an area bound on the east by 1st St S, on the west by W 12th St S, on the north by 1st Ave and on the south by Interstate 80. • It is recommended that stops signs be added at the following uncontrolled intersections: S 6th Ave W at W 7th St S – east and westbound traffic; S 7th Ave W at W 5th St S – for westbound traffic; S 9th Ave W at W 5th St S – for east and westbound traffic; S 15th Ave W at W 9th St S – for eastbound traffic; W 7th St S at S 12th Ave W – for north and southbound traffic; W 9th St S at S 11th Ave W – for northbound traffic; W 9th St S at S 13th Ave W –for north and southbound traffic; W 11th St S at S 12 Ave W – for southbound traffic; Woodland Drive at W 11th St S – for northbound traffic; Woodland Drive at S 12th Ave W – for southbound traffic; Larchwood Ct at W 12th St S – for eastbound traffic. • It is also recommended that yield signs be added at the following uncontrolled intersection: S 11th Ave W at W 11th St S – Add a yield sign for northbound traffic turning east onto S 11th Ave W. Add a yield sign for westbound S 11th Ave W turning north onto W 11th St S. 17. First Consideration of an Ordinance establishing the Community Marketing Board for the City of Newton, Iowa. (Council Report 16-210) • A study group of the City Council explored the current marketing and communication needs for Newton and recommended the establishment of a new City Board to oversee and provide guidance on a communications and marketing program. • Staff recommends approval of the ordinance establishing the Community Marketing Board. Resolution 18. Resolution establishing the Community Marketing Manager position. (Council Report 16-211) • Following the recommendations of the Council study group, this resolution establishes a new City position, the Community Marketing Manager and places it within Range 7 of the City Pay Matrix. • The annual cost of the position would be approximately $79,000 from the Hotel/Motel Tax Fund. 19. Resolution Offering Property Tax Abatement for the Renovation of the Apartment Complex at 1105 East 12th Street South in Newton. (Council Report 16-212) • Wishrock Housing Partners of Portland, Maine, is proposing to purchase McCann Village and undertake an extensive, $4 million renovation project. • In order to take on this project, Wishrock would need to receive Low- Income Housing Tax Credits from the State of Iowa. In order to be competitive in the State scoring system they are requesting a 10-year, 100% property tax abatement. In the unique case of McCann Village, this abatement would not result in a change in the current taxes as they have always been exempt due to Federal exemptions. • Staff recommends approval of the resolution. 20. Resolution Approving a Preliminary Development Agreement for a Housing Complex on Property at 205 West 4th Street North in the North Central Urban Renewal Area, City of Newton, Iowa. (Council Report 16-213) • Cohen-Esrey Affordable Partners, of Overland Park, Kansas, has proposed to build a 38-unit apartment building at 205 West 4th Street North, on land that is currently a City of Newton parking lot. • In addition to selling the land for $225,000, the City proposes an incentive of a property tax rebate for a period of fifteen years with a maximum of $20,000 per year, and funded by tax receipts from the North Central Tax Increment Finance (TIF) District. The project is contingent on the receipt of State of Iowa Housing Tax Credits. • Staff recommends approval of the resolution. Discussion 21. Snow Removal Policy Changes - Keith Laube, Public Works Director 22. Outdoor Warning Signals – Keith Laube, Public Works Director 23. Financial Trends Report – Natalie Umsted, Senior Analyst 24. Action Plan Update – Safe Community – Natalie Umsted, Senior Analyst New Business 25. Old Business 26. Closed Session 27. To Evaluate The Professional Competency Of An Individual Whose Appointment, Hiring, Performance Or Discharge Is Being Considered When Necessary To Prevent Needless And Irreparable Injury To That Individual’s Reputation And That Individual Request A Closed Session. Pursuant To The Provisions Of Section 21.5(1)(i), Code of Iowa 2016. Return to Open Session 28. 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 SEPTEMBER 06, 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 Hansen presided. Present Council Members: Chapé, Biondi, George, Trotter, Mullan, Kulis. Absent: None. Mayor Hansen asked everyone present to join in saying the Pledge of Allegiance. During citizen participation Bev Price with NHDC announced the hiring of Bruce Showalter as the new Executive Director. Moved by Chapé, seconded by Biondi to approve consent agenda items 3-10. 3. August 15, 2016 Regular City Council Meeting Minutes 4. August 29, 2016 Special City Council Meeting Minutes 5. Approve Class B Native Wine for Beckman Gallery, 118 N 2nd Ave W.; Class C Liquor License, Catering Privilege, Outdoor Service and Sunday Sales for Okoboji Grill Newton, 1425 W 19th St S.; Class C Beer, Class B Wine (includes Carryout Wine and Native Wine) and Sunday Sales, Kum & Go #47, 1708 S 8th Ave E.; Class C Liquor, Outdoor Service and Sunday Sales for La Cabana Mexican Restaurant, 2617 1st Ave E Ste. 5&6.; Class C Beer and Sunday Sales for Casey’s General Store #1911, 1018 1st Ave E.; Special Class C Liquor and Sunday Sales for Hy-Vee Clubroom, 1501 1st Ave E.; Special Class C Liquor, Class B Wine and Sunday Sales for AmericInn Lodge & Suites of Newton, 4401 S 22nd Ave E. 6. Resolution levying assessments for costs of nuisance abatement and providing for the payment thereof (Schedule 16-10). Resolution No. 2016-182 adopted. 7. Resolution fixing the Amounts to be assessed against individual private property for the abatement of nuisance violations (Schedule 16-11). Resolution No. 2016-183 adopted. 8. Resolution accepting completion of Demolition Project 2016-02. Resolution No. 2016-184 adopted. 9. Resolution amending the purchase of a Zero Motorcycle from Fenders Cycle LLC. to purchasing from Letko Cycles for the same quoted price of $19,867.91. Resolution No. 2016-185 adopted. 10. Approval of Bills AYES: Six. NAYS: None. Consent agenda items approved. Mayor Hansen stated that this is the time and place for a public hearing on a Resolution accepting purchase proposal for property at 118 W. 10th Street N. in Newton. Erin Chambers, Director of Planning & Zoning indicated that one offer was received from Robert Farrell in the amount of $1000 to use the property as additional yard space. There were no additional written comments. Moved by Kulis, seconded by Trotter to close the public hearing. AYES: Six. NAYS: None. The public hearing was closed. Moved by Chapé, seconded by Kulis, to adopt the resolution. AYES: Six. NAYS: None. Resolution No. 2016 – 186 adopted. Moved by Trotter, seconded by Mullan, to approve the third consideration for an Ordinance amending the Code of Ordinances, City of Newton, Iowa, 2016, Title VII, Chapter 70, Section 70.15, “Traffic and Parking Offenses Adopted by Code Reference” by adding stop signs at various locations in the NE and SE quadrants of Newton. AYES: Six. NAYS: None. Third consideration was approved. Moved by Chapé, seconded by Kulis, to adopt the Ordinance. AYES: Six. NAYS: None. Ordinance 2267 adopted. Moved by George, seconded by Trotter, to approve the third 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 Reference”, to restrict parking on a portion of the 100 and 300 block of East 13th Street North and the 200 and 300 blocks of East 20th Street North. AYES: Six. NAYS: None. Third consideration was approved. Moved by Chapé, seconded by Kulis, to adopt the Ordinance. AYES: Six. NAYS: None. Ordinance 2268 adopted. Moved by Chapé, seconded by Trotter, to approve the first consideration for an Ordinance amending the Code of an Ordinances, City of Newton, Iowa, 2016, Title VII, Chapter 70, Section 70.15, “Traffic and Parking Offenses Adopted by Code Reference” by adding stops signs at various locations in the SE quadrants of Newton. Gayle Isaac, Director of Business Services for the Newton School District, thanked Council for considering the signs for the safety of the children. AYES: Six NAYS: None. First consideration of the ordinance passed. Moved by Mullan, seconded by Trotter to suspend the rules and waive the second and third consideration of the ordinance. AYES: Six. NAYS: None. Motion passed. Moved by Chapé, seconded by Kulis to adopt the ordinance. AYES: Six. NAYS: None. Ordinance No. 2269 adopted. Moved by George, seconded by Biondi, to approve the first consideration for an Ordinance amending the Code of Ordinances, City of Newton, Iowa, 2016, Title VII, Chapter 70, Section 70.15, “Traffic and Parking Offenses Adopted by Code Reference” by adding stop signs on North Second Avenue East at East Second Street North in the NE Quadrant. AYES: Six NAYS: None. First consideration of the ordinance passed. Moved by Kulis, seconded by George, to approve the first consideration for an Ordinance correcting City Ordinance No. 2262 which vacated alley right-of-way in Outlot 26 of the Original Plat of Newton, Iowa as shown in Plat Book C, Page 25 in the Office of the Recorder of Jasper County, Iowa. AYES: Six NAYS: None. First consideration of the ordinance passed. Moved by Mullan, seconded by Trotter to suspend the rules and waive the second and third consideration of the ordinance. AYES: Six. NAYS: None. Motion passed. Moved by Chapé, seconded by Biondi to adopt the ordinance. AYES: Six. NAYS: None. Ordinance No. 2270 adopted. Moved by Trotter, seconded by George, to approve a Resolution approving purchase of two utility carts for Westwood Golf Course. AYES: Six. NAYS: None. Resolution No. 2016-187 adopted. Moved by Chapé, seconded by Kulis, to approve a Resolution approving a contract with Iowa Audio Video to upgrade the City Hall Council Chambers projection system. AYES: Six. NAYS: None. Resolution No. 2016-188 adopted. Moved by Kulis, seconded by Mullan, to approve a Resolution approving the granting of Downtown Micro Grant Funds to Bonnie Terpstra for 124 North 2nd Avenue West, Newton. AYES: Six. NAYS: None. Resolution No. 2016-189 adopted. Moved by Chapé, seconded by George, to approve a Resolution approving the granting of Downtown Micro Grant Funds to the Veterans of Foreign Wars Post 1655 for 315 1st Avenue West, Newton. AYES: Six. NAYS: None. Resolution No. 2016-190 adopted. Moved by Chapé, seconded by Biondi, to approve a Resolution approving the granting of Downtown Micro Grant Funds to Gregory J. Bruns, DDS, for 112 1st Avenue East, Newton. AYES: Six. NAYS: None. Resolution No. 2016-191 adopted. Moved by Biondi, seconded by George, to approve a Resolution approving the granting of Downtown Micro Grant Funds to the Randy and Marilyn Terlouw for 306 1st Avenue West, Newton. AYES: Six. NAYS: None. Resolution No. 2016-192 adopted. Moved by Kulis, seconded by Trotter, to approve a Resolution approving the 2016 updates to Newton’s Future: A Comprehensive Plan. AYES: Six. NAYS: None. Resolution No. 2016-193 adopted. Moved by Trotter, seconded by George, to approve a Resolution requesting the assignment of tax sale certificates for 1011 East 9th Street North from Jasper County to the City of Newton. AYES: Six. NAYS: None. Resolution No. 2016-194 adopted. Moved by Mullan, seconded by George, to approve a Resolution requesting the assignment of tax sale certificate for 525 West 4th Street South from Jasper County to the City of Newton. AYES: Six. NAYS: None. Resolution No. 2016-195 adopted. Moved by Trotter, seconded by Biondi, to approve a Resolution approving the purchase of real estate at four locations in the City of Newton from Midtown Investors Group, LLC, and Kenneth L. Johnson. Council discussion ensued. Director of Finance and Development, Bryan Friedman, indicated that because of the importance of the Maytag Hotel to the City of Newton the purchase is recommended on a limited time basis in order to preserve the building from falling into further disrepair. AYES: Six. NAYS: None. Resolution No. 2016-196 adopted. Moved by Trotter, seconded by George, to approve a Resolution ordering bids, approving plans, specifications and form of contract and notice to bidders, and ordering Clerk to publish notice and fixing a date for receiving same, and for a public hearing on plans, specifications, form of contract and estimate of costs for the roadway and utility public improvements for the Country Club Enclave Subdivision at 1200 South 6th Avenue West. Council spoke in concern of the temporary road. The plans will be updated to show the permanent road and the temporary road as an alternative in order to review further. Bev Price, NHDC, announced that NHDC and NDC will be hosting a meeting for potential buyers. AYES: Six. NAYS: None. Resolution No. 2016-197 adopted. Moved by George, seconded by Trotter, to approve a Resolution approving a Preliminary Development Agreement for a Housing Complex on property in the 200 and 300 Blocks of West 3rd Street North in the North Central Urban Renewal Area, City of Newton, Iowa. Council discussed the need. Frank Liebl, NDC, confirmed that this is not vouchered housing and that there are currently 70 people on the waiting list for apartment housing at the current facilities in town. Also, the HR survey indicated that 85 more individuals would move to Newton if there were suitable housing. Bev Price, NHDC, spoke regarding a need for student housing as well. This facility may fill a need for part-time students. AYES: Six. NAYS: None. Resolution No. 2016-198 adopted. Erin Chambers, Director of Planning and Zoning, introduced the Executive Rental Program. She asked for direction on moving forward. In the Housing Initiative this was laid out as $5000 per unit. Council consensus was to not set a limit at this time and to discuss the need with the employers in town regarding the details. Erin Chambers, Director of Planning and Zoning, introduced the Community Marketing position details. Council would like to review the information before discussing. There was no new business. There was no old business. Motion by Chapé, seconded by Kulis to go into closed session to evaluate the professional competency of an individual whose appointment, hiring, performance or discharge is being considered when necessary to prevent needless and irreparable injury to that individual’s reputation and that individual request a closed session. Pursuant to the provisions of Section 21.5(1)(i), Code of Iowa 2016. AYES: Six. NAYS: None. Motion passed. Mayor Hansen declared a five-minute recess to clear the council chambers. Upon returning to Open Session with all Council present it was moved by Kulis, seconded by Mullan, to appoint Fire Chief Jarrod Wellik as the Interim City Administrator/Fire Chief effective October 4, 2016 upon the retirement of Knabel. AYES: Six. NAYS: None. Motion passed. Moved by Kulis, seconded by Biondi, to adjourn the meeting at 7:45 P.M. Motion unanimously carried by voice vote.
______Michael L. Hansen, Mayor
______Katrina Davis, City Clerk GOAL SETTING SESSION MINUTES SEPTEMBER 7, 2016, 5:30 PM JASPER COUNTY EMERGENCY MANAGEMENT OFFICE The City Council of Newton, Iowa met in special session at 5:30 pm on the above date in the Jasper Co. Emergency Management Office at 1030 West 2nd Street South. Mayor Hansen presided. Present: Council Members Chape’, Biondi, George, Trotter, Mullan, Kulis. Absent: None Council and staff spoke regarding the general overview of the meeting and the Goal Setting Process. They reviewed current Strategic Plan Goals and Objectives, recent City accomplishments (2014 - 16); issues, concerns, opportunities, and trends. The group identified on-going commitments/obligations and discussed new programs, policies, projects and initiatives. Council will plan to meet and finalize the information. The meeting adjourned at 8:39 P.M.
______Michael L. Hansen, Mayor
______Katrina Davis, City Clerk City of Newton Council Report
Item: Resolution levying assessments for costs of nuisance abatement and providing for the payment thereof (Schedule 16-11) Report Number: 16-201
Summary: The City of Newton abated some Date: September 19, 2016 nuisances, such as tall grass/weeds or snow.
These costs remain unpaid by the property Lead Department: Planning owners and should be assessed to the property & Zoning Department taxes.
Recommendation: Cost Recovery: $2,652.04 Financial Impact: Approve
Background: At the last meeting, the City Council approved a Schedule of Assessment for the Expenses of Nuisance Abatement. The total amount for cost recovery is $2,652.04. The attached schedule lists owner, parcel number, address, amount to be assessed, date work was completed, property legal description, and property valuation.
With the approval of this resolution, the costs expended by the City for the abatement of nuisances will be placed on the taxes as a special assessment for each property.
Recommendation: Staff recommends approval of the resolution levying assessments for costs of nuisance abatement and providing for the payment thereof (Schedule 16-11).
Robert Knabel City Administrator
Attachments
RESOLUTION NO. 2016 – ______
RESOLUTION LEVYING ASSESSMENTS FOR COSTS OF NUISANCE ABATEMENT AND PROVIDING FOR THE PAYMENT THEREOF (SCHEDULE 16-11)
WHEREAS, pursuant to its powers and duties as set out in Chapter 364, Code of Iowa, the City of Newton, after the property owner’s failure upon being given notice and opportunity to cure, has performed the required action to abate the public nuisance and now seeks, as provided in 364.12, Code of Iowa, to assess the costs of such action against each of the properties set out on the attached Schedule No. 16-11 for collection in the same manner as the property tax.
NOW, THEREFORE, BE IT RESOLVED That the attached Schedule No. 16-11, is hereby approved and adopted with the amounts shown thereon assessed and levied against each property for the collection in the same manner as a property tax.
BE IT FURTHER RESOLVED: That said assessments shall be payable in 1 annual installment and shall bear interest at the rate of 3.88 percent per annum, from the date of the acceptance of this assessment schedule; the one installment of each assessment with interest on the whole assessment from date of acceptance of this schedule by the Council shall become due and payable on October 19, 2016, and shall be paid at the same time and in the same manner as the September semiannual payment of ordinary taxes. Said assessment shall be payable at the office of the County Treasurer of Jasper County, Iowa, in full and without interest within thirty days after first date of publication of the Notice to Property Owners of filing the schedule of assessments.
BE IT FURTHER RESOLVED, that the Clerk be and is hereby directed to certify said schedule to the County Treasurer of Jasper County, Iowa and to publish notice of said certification once each week for two consecutive weeks in the Newton Daily News, a newspaper printed wholly in the English language, published in Newton, Iowa, and of general circulation in Newton, Iowa, the first publication of said notice to be made within fifteen days from the date of the filing of said schedule with the County Treasurer, the City shall send by regular mail to all property owners whose property is subject to assessment a copy of said notice, said mailing to be on or before the date of the second publication of the notice all as provided and directed by Code Section 384.60, Code of Iowa.
PASSED this ______day of September, 2016.
APPROVED this ______day of September, 2016.
______Michael L. Hansen, Mayor ATTEST:
______Katrina Davis, City Clerk Schedule (No. 16-11): Assessment for the Expenses for Nuisance Abatement Net Assessed Abatement Administrative Deed/Contract Holder Parcel Number Address City Property Value Fee Fee Total Amount Assessed Legal Date Abated Stephanie Barker 834231002 114 E 8th St N Newton $83,840 $75.00 $65.00 $140.00 LEE'S SD LOT 2 August 5, 2016 Roger Fifer 835102024 121 E 13th St N Newton $84,530 $50.00 $65.00 $115.00 BELMONT PARK LOT 11 BLK 5 August 1, 2016 Jody Gideon 827153002 209 N 13th Ave W Newton $84,220 $180.00 $65.00 $245.00 HAMMER & BOYD'S SD LOT 9 OF LOT K July 22, 2016 Marie Fern Bookout 833282022 303 W 5th St S Newton $41,250 $75.00 $65.00 $140.00 WEST NEWTON E 1/2 OF N 1/2 LOT 76 July 20, 2016 Ashley Wilson 835202003 306 E 19th St N Newton $79,420 $125.00 $65.00 $190.00 FAIRMEADOWS ADD PHASE 1, LOT 16 August 1, 2016 Richard Austin 835253006 306 E 19 St S Newton $74,920 $50.00 $65.00 $115.00 AURORA HEIGHTS SD LOT 23 BLK A July 22, 2016 Christine Woolaver 835129014 309 E 17th St Pl N Newton $85,510 $100.00 $65.00 $165.00 DENNISTON & PARTRIDGE SD, PLAT 2, LOT 48 July 18, 2016 Lorna Walls 833280008 501 S 2nd Ave W Newton $12,590 $75.00 $65.00 $140.00 BAILEY & WILKINSON'S ADD, LOT 1 BLK 3 July 21, 2016 Lonnie Faye Martin 1303202004 619 S 13th Ave E Newton $6,980 $100.00 $65.00 $165.00 LISTER'S ACRES E 1/2 LOT 5 EX W 2' OF N 1/2 & E 2' OF JulyS 1/2 23, OF 2016 W 1/2 LOT 5 Rhonda Wright 827452016 627 E 7th St N Newton $84,590 $75.00 $65.00 $140.00 COWLE'S ADD LOT 5 BLK 1 July 19, 2016 Tonya Harsh 827377006 702 E 4th St N Newton $89,780 $165.08 $65.00 $230.08 LAMB & KENNEDY'S ADD LOT 9 BLK 1 EX E 12' July 21, 2016 Herbert McSparen 834332001 702 E 4th St S Newton $45,990 $50.00 $65.00 $115.00 LEONARD'S ADD W 1/2 LOT 8 BLK 5 July 20, 2016 Harbour High Yield Fund LLC 834332005 703 E 4th 1/2 St S Newton $37,730 $61.96 $65.00 $126.96 LEONARD'S ADD E 1/2 LOT 8 BLK 5 July 11, 2016 Kesterson Realty Inc. 827452012 721 E 7th St N Newton $23,270 $75.00 $65.00 $140.00 CLARK'S SD LOTS 2-3 July 19, 2016 Miller Property Solutions LLC 833210008 807 1/2 N 2 Ave W Newton $48,650 $50.00 $65.00 $115.00 NEWTON EXLINE'S ADDEXLINE'S ADDW 47' LOT 1 BLK 2EXJuly 27,E 19' 2016 Melonie Wyss 834452003 816 E 7th St S Newton $65,890 $50.00 $65.00 $115.00 HARLAN'S SD S 60' LOT 7 BLK 4 August 4, 2016 Kim Spearing 827428002 816 E 9th St N Newton $16,370 $50.00 $65.00 $115.00 EDMUNDSON'S ADD LOTS 10-11 BLK 17 July 20, 2016 Gary Vander Velden 833479015 1007 W 4th St S Newton $70,140 $75.00 $65.00 $140.00 CARRIER'S MEADOWS S 50' OF N 210' LOT B BLK 1 August 3, 2016 $2,652.04 City of Newton Council Report
Item: Resolution Fixing the Amounts to be assessed against individual private property for the abatement of nuisance violations (Schedule Report Number: 16-202 16-12)
Date: September 19, 2016 The City of Newton abated some Summary: nuisances, such as tall grass/weeds or snow. Lead Department: Planning These costs remain unpaid by the property & Zoning Department owners and should be assessed to the property
taxes. Recommendation: Approve Cost Recovery: $1,518.32 Financial Impact:
Background: The City continues to work towards better curb appeal and improved aesthetics within the community. The City abated violations that remain non-compliant after the initial warning period.
The attached schedule lists owner, parcel number, address, amount to be assessed, date work was completed, property legal description, and property valuation.
Recommendation: City Staff recommends approval of the Resolution fixing the amounts to be assessed against individual private property for the abatement of nuisance violations.
Robert Knabel City Administrator
Attachments
RESOLUTION NO. 2016 – ______
RESOLUTION FIXING THE AMOUNTS TO BE ASSESSED AGAINST INDIVIDUAL PRIVATE PROPERTY FOR THE ABATEMENT OF NUISANCE VIOLATIONS (16-12)
WHEREAS, the City of Newton has abated nuisance violations at the addresses as found in Schedule (No. 16-12): Assessment for the Expenses for Nuisance Abatement; and
WHEREAS, the City of Newton has maintained a report of the abatement costs for each individual property as found in Schedule (No. 16-12): Assessment for the Expenses for Nuisance Abatement; and
WHEREAS, the expenses have been billed to the property owners and remain unpaid;
NOW THEREFORE, BE IT RESOLVED by the City Council of Newton, Iowa, that the Schedule (No. 16-12): Assessment for the Expenses for Nuisance Abatement is approved.
NOW THEREFORE, BE IT FURTHER RESOLVED by the City Council of Newton, Iowa, that the City Clerk is hereby directed to prepare, sign, and file in the clerk’s office the Schedule (No. 16-12): Assessment for the Expenses for Nuisance Abatement.
PASSED this ______day of September, 2016.
APPROVED this ______day of September, 2016.
______Michael L. Hansen, Mayor ATTEST:
______Katrina Davis, City Clerk Schedule (No. 16-12): Assessment for the Expenses for Nuisance Abatement Net Assessed Abatement Administrative Deed/Contract Holder Parcel Number Address City Property Value Fee Fee Total Amount Assessed Legal Date Abated Lorna Walls 833280008 501 S. 2nd Ave. W. Newton $12,590 $75.00 $65.00 $140.00 BAILEY & WILKINSON'S ADD, LOT 1 BLK 3 August 5, 2016 Ryan Wenndt 834303019 517 W. 2nd St. S. Newton $75,680 $58.00 $65.00 $123.00 STONE'S ADD LOT D August 4, 2016 Pamela Mix 833433013 613 W. 5th St. S. Newton $47,180 $75.00 $65.00 $140.00 W C GUNNS SD LOT 3 August 5, 2016 Richard Martin 827453033 747 N. 8th Ave. E. Newton $36,760 $185.32 $65.00 $250.32 COZAD'S SD LOT B August 11, 2016 Kim Spearing 827428002 816 E. 9th St. N. Newton $16,370 $50.00 $65.00 $115.00 EDMUNDSON'S ADD LOTS 10-11 BLK 17 August 14, 2016 Aliesha Edwards 833203022 921 N. 4th Ave. W. Newton $23,760 $50.00 $65.00 $115.00 EXLINE'S ADD PARCEL A WITHIN LOT 1 OUTLOT 1 August 5, 2016 Connie Cupples 827405010 1011 E. 9th St. N. Newton $11,670 $50.00 $65.00 $115.00 EDMUNDSON'S ADD LOT 5 BLK 4 August 14, 2016 Half Moon Holdings LC 835102035 1204A 1st Ave. E. Newton $46,240 $150.00 $65.00 $215.00 MEEK'S SD LOT 8 EX S 85' OF W 131.5' & EX N 60' OF WAugust 50' & 15,EX 2016COMM NE COR LOT 8 S 49.25' W 89' N 49.25' THENCE E TO POB Astrid Brown 1303202007 1312 E. 6th St. S. Newton $18,590 $125.00 $65.00 $190.00 LISTER'S ACRES LOT 14 August 12, 2016 Megan Rogers 826306002 1403 N. 8th Ave. Pl. E. Newton $104,610 $50.00 $65.00 $115.00 PLEASANT PLACE PLAT 1, LOT 12 August 10, 2016
$1,518.32 City of Newton Council Report
Item: Resolution Approving a Property Tax Rebate for Newton Enterprises, LLC, for Property Located Within the North Central Urban Renewal Area Report Number: 16-203
Summary: An agreement with Newton Enterprises Date: September 19, 2016 provides for a partial TIF rebate of property tax payments for the former Maytag Lead Department: headquarters campus. Finance and Development
Financial Impact: Recommendation: $73,524.81 from the North Central Tax Approval Increment Financing District fund, per the approved budget.
Background:
In April of 2012, the Newton City Council approved a Redevelopment Agreement with Newton Enterprises, LLC, for the company to acquire the former Maytag headquarters campus and utilize it for a variety of businesses. The Agreement called for a series of partial property tax rebates if certain development performance standards were to be met. For this current fiscal year, the City is obligated to provide a rebate of all the property taxes that Newton Enterprises pays into the North Central TIF District for valuation above $1,500,000. The TIF property taxes that are subject to the rebates do not involve the full property tax bill for the Newton Enterprises campus. The TIF taxes represent about 84% of the full property tax bill, since the TIF District does not receive the tax payments that are for City, County, and School debt service and School physical plant and equipment levy.
In order to be eligible for this fiscal year’s rebates, Newton Enterprises must provide documentation that either the total employment on their campus is at least 175 full time employees or that at least 60,000 square feet of the campus is being utilized by occupants other than for storage or warehousing. Newton Enterprises has provided documentation for the space usage. The company is also required to actively market the campus, which it has done.
On September 2, 2016, Newton Enterprises paid its full year property taxes in the amount of $152,896.00 for its assessed valuation of $4,202,070 and has requested the rebate per the terms of the Development Agreement. Utilizing a TIF tax rate of $35.49 per $1000, the rebate amount calculates to $73,524.81, which is accounted for in the North Central TIF District budget. Newton Enterprises has met its obligations in the Development Agreement, so this rebate request is appropriate.
Recommendation:
Staff recommends approval of the attached Resolution approving the rebate payment.
Robert L. Knabel City Administrator
RESOLUTION NO. 2016 – ______
RESOLUTION APPROVING A PROPERTY TAX REBATE FOR NEWTON ENTERPRISES, LLC, ON PROPERTY LOCATED WITHIN THE NORTH CENTRAL URBAN RENEWAL AREA
WHEREAS, the City of Newton (City) has established the North Central Urban Renewal Area; and
WHEREAS, an Agreement for Private Development (Agreement) with Newton Enterprises, LLC (Developer) for maintaining and developing the former Maytag Headquarters campus at 403 West 4th Street North in Newton, within the North Central Urban Renewal Area, was approved by the Newton City Council on April 16, 2012, and
WHEREAS, said Agreement provides that the City provide to the Developer Economic Development Property Tax Rebates, and
WHEREAS, the Developer having maintained, operated, and marketed the campus, met the required threshold of usage of over 60,000 square feet of space, and paid its property taxes for the full 2016-2017 fiscal year in the amount of $152,896.00, is eligible to receive a rebate of $73,524.81;
NOW, THEREFORE, BE IT RESOLVED by the City Council of Newton, Iowa: That, per the terms of the Agreement for Private Development with Newton Enterprises, LLC, that a property tax rebate for the 2016-2017 fiscal year in the amount of $73,524.81 is hereby approved.
PASSED this 19th day of September, 2016.
APPROVED this ______day of September, 2016.
______Michael L. Hansen, Mayor ATTEST:
______Katrina Davis, City Clerk
August 23, 2016
Bryan Friedman
Director of Finance and Development
City of Newton
Dear Bryan,
Pursuant to the Agree·ment for Private Redevelopment by and between The City of Newton, Iowa and Newton Enterprises, LLC, please accept this letter at our request for rebate of the real estate taxes paid for Fiscal Year 2016-2017.
Based on Article Ill Section 3.l(c) of the Private Redevelopment Agreement, I compute the rebate payment to be $73,524.81. That computation is outlined in the attached APPENDIX A of this letter. In addition, a provision exists in which we must have 60,000 square feet leased, and per APPENDIX B we have met that provision.
Bryan, please process our refund and send to my attention at the address that is with my name in this email communication.
Thanks much Bryan, fr,~ _fc~ Mark Schaul
Director of Finance and Business Development
Newton Enterprises APPENDIX A NEWTON ENTERPRISES
TAXABLE REBATE COMPUTATION VALUE
PARCEL# 827354009 307,512
833229003 . 3,474,351
TOTAL TAX VALUE 3,781,863 MINUS REBATE THRESHOLD 1,500,000 INCREMENTAL VALUE 2,281,863
FU LL LEVY RATE 42.40053 LESS DEBT SERVICE LEVY 6.91069
NET 35.48984
REBATE, before credits 80,982.95
Less Credits 7,458.14
REBATE TO BE RECEIVED 73,524.81 APPENDIX B
Newton Enterprises SQUARE TENANT NAME BUILDING# FOOTAGE
Health Enterprises 16 17,500 IWA Services 20 10,155 Caleris 20 251850 EPC 18 10,000 VERIZON 18 360
TOTAL LEASED 63,865
MINIMUM REQUIRED 60,000
Note: Per Bryan Friedman, there is a property across the street that was sold that would count toward the above. Square footage was not readily availble but if needed it could be obtained. In accordance with Section 3.3 (h) of the Agreement for Private Redevelopment by and between the City of Newton, Iowa and Newton Enterprises LLC we are providing the following:
On various occas·1ons representatives of Newton Enterprises have met with the following to market the property to various potential interested parties.
Frank Liebl - Executive Director of Newton Development Group
Normal marketing efforts by the Newton Enterprises Team.
Signed agreement with Hubbell, however this did not go thru.
Discussions with MV Residential Development - Peter Schwiegeraht
This is an example of some of our marketing efforts. Include this STUB with September 2016 payment. Include this STUB with March 2011 vavment Jasper County rreasurer 2015 CT Jasper County Treasurer 2015 ct Ooug Ui$hop Parcel#: 0833229003 Doug Bishop Parcel#: 08)3229003 PO Box 1387 Receipt# 888237 PO Box 1387 Receipt/I. 888237 Newton. IA 50208 Dist: NWNT Newton, IA 50208 Dist: NWNT
(641) 792-7731 (641) 792M7731 TAX DUE: ~------~Full Year or September 2016 TAX DUE: Morch 2017 $143,586.00 $71.793.00 $71,793.00 Delq Oct 1, 2016 Delq Aprill, 2017 1111111111111111111111111111111111111111111111 II II llll lllll ll lllll II Ill II\ 111111111111111111
NEWTON ENTERPR1SES LLC NEWTON ENTERPRJSES LLC 1408 ZIMMERMAN DRS 1408 ZIMMERMAN DRS GRINNELL, IA 50112 GRJNNELL. !A 50112
II II llllll lllll lllll II II \1111111111111111 \I Ill Jasper County Tax Bill for September, 2016 and March, 2017. Send the corma stubs 1:1lung withyVui 1.:h~ci.. for payment if your to,;,;:;;~ urc: paid by yourBe..'lk in E!:crow, this i£ for your i'-'lforrnatfo11 only. B11r.r:rl on January 1, 2015 valuations. Taxes for July I, 2015 through June 30, 2016. Payable September 2016 and March 2017. Ket!p this document in a S'1/e location. PARCEL Deed: NEWTON ENTERPRJSES LLC Mail: NEWTON ENTERPRISES LLC CJ.is,, c Dist/Parcel NEWTON CITY 0833229003 Type: 20lS CT Receipt# 888237 Location: 403 W 4TH ST N Legal: SYNERGY ADDITION LOT 3 Acres: 0.000 Tax ID: VALUATIONS AND TAXES INDEXING 2015 (This Year) 2014 (Last Year) Assessed Taxable Assessed Taxable Land: 404.400 363,960 434,840 391,356 Buildings: 3,455,900 3,110,391 3,716,120 3,344,508 Dwellings: 0 0 a o Total Values: 3,860,390 3,474,351 4,150,960 3,735,864 Less Military Credit 0 0 Net Taxable Values: 3,474,351 3,735,864 OWNERS Value Times Levy Rate ot: 42,4005300 40.7019200 EQUALS GROSS TAX OF: $147,314.32 $152,056.84 DEED: NEWTON ENTERPRISES LLC Less Credits of: Bus Prop iax Credtt Fund: $3.729.07 $2,564.82 Homestead: $0.00 $0,00 L.ow lncornetElderly Credit $0.00 $0.00 Ag land Credit $0,00 $0.00 Family Farm Credit: $0.00 $0.00 CONTRACT: Payments: $0.00 Net Annual Taxes.: $143,588.00 $149,492.00 Tax Do\lar.i tor Emerger'ICY Menage1menl County; $185,255.00
Di1tribution ufyour tummtyear tui:s; Total property tue.t \tried by luine autMrity; % ofTou1l 2015 (Thb Ven) 2014 (Lut Year) Tbls 'ie1r La51 VuT P£rcenl +1- NEl/'/fON C!TY-NORTH /;,l:NTRAL l.l~B RENT 41!,95 70,284.SS 67,095.29 0.00 412,000.00 (100.QO) NEWTON CORPORA Tl ON 21.47 30.824.78 32,671.63 1,540,105.00 7.227,221.00 NEWTON SCHOOL 18.75 25.919.79 32,039.29 11,305,427.00 11,168,510.00 '·"'1.24 COUNTY FUNDS-COUN1i'V'JIOE $,56 13.722.42 15,474,27 11,803,615.00 11,1!10,140.00 6.38 DMACC • Xl MERGED AREA SCHOOL 0.78 1,121.22 1,257.61 28,003,055.00 24,899.617.00 12A6 COUNTY ASSESSOR 0.30 437.81 41S.a9 405,000.00 320,000,00 26.56 AGRJCUL TURAL EXTENSION COUNCIL 0.19 2'70.13 327.66 250,000.00 260,000.00 o.oa BRUCELLOSIS S: TUBERCULOSIS ERADICAT 0,00 S,12 B,14 490,538.00 485,290.00 1.08 TOTALS: 100,00 143,.!iBS.OO 149,492.00 59,897,741.00 55,960,778.00
You may pay online at: www.iowatreasurers.org Your Tax Receipt Number is: 888237 Jasper County Trea.surer Due in September 2016: $11,793.00 Due in March 2017: $71,793.00 Doug Bishop PO Bo,i; 1387 Date Paid: ______Date Newton, IA 5020S: Check#______Check#______{641) 792~7731 Retain this lower portion for your records. Enter the date paid and your <:heck number for your information. Keep in a safe place. Include this STUB with September 2016 payment Include this STUB with March 2017 vavment Jasper County lreasurer 2015 CT Jasper County Treasurer 2015 ct Doug Bishop Parcel#: 0827354009 Doug Bishop raro~l#; 0827354009 PO Bo" 1387 Receipt# 892575 PO Box 1387 Receipt# 892575 Nevvton, IA 50208 Dist: NWNT Newton, IA 50208 Dist: NWNT
{641)792-Tl31 (641) 792.7731
TAX DUE: Full Year or September 2016 TAX DUE: March 2017 r $9,3 lo.oo $4,655.00 $4,655.00 De\q Oct\, 2016 Delq April 1, 2017 1111111111111111111111111111111111111111111111 1111111111111111111111111111111111111111111111
NEWTON ENTERPRISES LLC NEWTON ENTERPRJSES LLC 1408 ZIMMERMAN ORS 1408 ZIMMERMAN ORS GRJNNELL, IA 50112 GRJNNELL, IA 50112
II II llll 11111111111111111111111111111111111111 Jasper County Tax Bill for September, 2016 and March, 2017. Send the correct stubs along wi1h yuur 1,;hc~k fo1 !-')ayme-nt. ·IfyoUr taxes arc paid by your Bank-in Escrow, thii:-is for your i!'lfoll!!';ltion o!'lly. Blls;rd (In .T:n,w,ry 1, 2015 wluations. Taxes for July I, 2015 through June 30, 2016. Payable September 2016 and March 2017, · Keep this documer,t ;,, a safe location. PARCEL Deed: NEWTON ENTERPRISES LLC Mai\; NEWTON ENTERPR1SES LLC Chm. C Oist/Paroel NEWTON CITY 0827354009 Type: 201S CT Receipt# 892S7S Location: W 4 ST N Legal: PART OF PARCEL A EX N 8' OF PT LOT 2 OF RAILROAD ADD LYING BETWEEN E LINE OF W 4TH S' Acres: 0.000 Tax ID: VALUATIONS AND TAXES INDEXING 2015 (This Year) 2014 (Last Year) Assessed Tax.able Assessed Taxable Land: 103,030 92,727 110,780 99,702 eu1ldings: 238,650 .214,785 256,610 230,949 Dv.rellings: 0 0 0 0 Total Values: 341,680 307,512 3671390 330,651 Less Mil~ary Credit: a 0 Net Taxable Values: 307,512 330,651 OWNERS Value Times Levy Rate of: 42.4005300 40.7019200 EQUALS GROSS TAX OF: $13,038.67 $13,458.13 DEED: NEWTON ENTERPRJSES LLC Less Credits of: Bus Prop Tax Credit Fund: $3,729.07 $2,564.82 Homestead: $0.00 $0.00 Low 1ncome/E1der1y Credit'. $0.00 $0.00 Ag land Credit: $0,00 $0.00 Family Fam, Credtt: $0.00 $0.00 CONTRACT: Payment5: $0.00 Net Annu~I Taxes: $9,310.00 $10,894.00 TWt Dollar$ !or Emernancy Management Covnty: $185,255.00
Db;lribution ofym1r c11rr...,1 ftar tue,; Total property hllleJ levied by tnln1 auth~rity: Tu in 2, 1\.uthoriry: % of Tot•! 1:0lii (This Vnr) 1014 (Lost Year) Thi, Vur Lut Vur Perctnt +/- NE\NT()M CITY-NORTH ~FNTRAl LlRB RENT 48.95 4,551.26 4,889.44 0.00 412,000.00 (100.00) NEWTON CORPORATION 21.47 1,998.65 2,395.47 7,640.105.oO 7,227,221.00 4,3,3, NEWTON SCHOOL 1S.75 1,745,44 2,334.82 11,305,427.00 11,166,510.00 1.24 COUNTY FUNDS-COUNTYW1De 9.56 889.76 1,127.68 11,ll03,615.00 11,190,140,00 6.36 DMACC. XI MERGED AREA SCHOOL 0.76 72.68 91.67 28,003,055.00 24,699,617.00 12.46 COUNTY ASSESSOR 0.30 28.37 30,59 405,000.00 320,000.00 26,58 AGRICULTURAL EXTENSION COUNCIL 0.19 17.51 23,.90 250,000.00 250,000.00 000 BRUCELLOSIS Bo TUBERCULOSIS ERADICAT o.aa o.33 o.45 490,539,00 465,290,00 1.06 TOTAL$: 100.00 9,:110.00 10,8114,00 59,897,741,00 55,850,718.00
You may pay online at: www.iowatteasu,ers.org Your Tax Receipt Number is: 892575 Jasper CoW'lty Treii.su;er Due in September 2016: $4,655.00 Due in March 2017: $4,655.00 Oo\lg Bishop PO Box 1387 Date Paid: ______N-:wton, IA S0208 Check#______Check#______(641)792-7731 ltetain this lower portion for your records. Enter the date paid and your check number for your information. Keep in a safe place. DATE : 9/2/2016 9:45 AM OPER : Cindy TKBY : Cindy Meredith TERM : 2 REC# : R00095407
100 Tax Collections 9310.00 Parcel: 0827354009 Full Payment Owner: NEWTON ENTERPRISES LLC 892575 - 2015 Tax 9,310.00 100 Tax Collections 143586.00 Parcel: 083322900~ Full Payment Owner: NEWTON ENTERPRISES LLC 888237 2015 Tax 143,586.00 100 Tax Collections· 696.00 Parcel: 1511400004 Full Payment Owner: HOPE K FARMS LLC 907810 - 2015 Tax 696.00 100 Tax Collections 912,00 Parcel: 1512300001 Full Payment Owner: HOPE K FARMS LLC 891996 - 2015 Tax 912.00 100 Tax Collections 780.00 Parcel: 1512300003 Full Payment owner: HOPE K FARMS LLC 896558 - 2015 Tax 780.00 100 Tax Collections 684.00 Pa rce 1: 1513100001 Fu 11 Payment Owner: HOPE K FARMS LLC 904865 - 2015 Tax 684,00 100 Tax Collections 1706.00 Parcel: 1514200002 Full Payment Owner: HOPE K FARMS LLC 887446 - 2015 Tax 1,706.00 Paid By:NEWTON ENTERPRISES LLC 2-Check 157674,00. REF:1330 APPLIED 157674.00 TENDERED 157674.00 CHANGE 0.00 City of Newton Council Report
Item: Resolution Approving the 2015-2016 Annual City Street Financial Report
Summary: Report Number: 16-204 This required annual report documents the City’s use of the Road Use Tax received from the State of Date: September 19, 2016 Iowa Lead Department: Finance and Development
Financial Impact: Recommendation: None; Summarizes past actions. Approval
Background:
Annually, the Iowa Department of Transportation requires the City to file a City Street Financial Report that accounts for the use of Road Use Tax funding during the past fiscal year. The report for fiscal year 2015-16 shows that the City began with a fund balance of $433,973 in the Road Use Tax Fund. The unaudited ending balance in the Road Use Tax Fund as of June 30, 2016 was $392,638.
Revenues from the Road Use Tax for the fiscal year were $1,885,078, which is approximately an 18.85% increase from the previous year. This is reflective of the full-year implementation of the 10-cent State gas tax increase.
Recommendation:
The staff recommends approval of the attached Resolution and Report.
Robert L. Knabel City Administrator RESOLUTION NO. 2016-______
RESOLUTION APPROVING THE 2015-2016 ANNUAL CITY STREET FINANCIAL REPORT
WHEREAS, the Iowa Department of Transportation requires the City Council to annually approve the “City Street Financial Report,” which documents the receipt and usage of Road Use Tax; and,
WHEREAS, said report has been prepared by the Finance and Development and Public Works Departments and is attached to this Resolution;
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Newton, Iowa that the 2015-2016 “City Street Financial Report” is hereby approved; and City Staff is hereby directed to submit the report to the Iowa Department of Transportation.
PASSED this 19th day September, 2016.
APPROVED this ______day of September, 2016.
______Michael L. Hansen, Mayor ATTEST:
______Katrina Davis, City Clerk Report Generated City Street Financial Report Form 517007 {5-2016} 9/7/2016 1:55 PM Office of Local Systems Fiscal Year Ames, IA 50010 2016 City Name Sheet NEWTON 1 of 10 City Number 5482
Cover Sheet
Now therefore let it be resolved that the city council NEWTON , Iowa (City Name) On did hereby approve and adopt the annual (month/day/year)
City Street Financial Report from July 1, 2015 to June 30, 2016 (Year) (Year)
Contact Information
Name E-mail Address Street Address city ZIP Code Lisa Frasier [email protected] 101 W 4th St S Newton 50208-0000 Hours Phone Extension Phone(Altenative) 7:30AM to 4:30PM 641-792-2787 641-792-2787
Preparer Information Name E-mail Address Phone Extension Lisa Frasier [email protected] 641-791-0808
Mayor Information
Name E-mail Address Street Address city ZIP Code Michael Hansen [email protected] 101 W 4th St S Newton 50208-0000 Phone Extension 641-792-2787
Resolution Number
Signature Mayor Signature City Clerk Report Generated City Street Financial Report Form 517007 {5-2016} 9/7/2016 1:55 PM Office of Local Systems Fiscal Year Ames, IA 50010 2016 City Name Sheet NEWTON 2 of 10 City Number 5482
Summary Statement Sheet
Column 1 Column 2 Column 3 Column 4 Column 1 Column 2 Column 3 Column 4 Road use Other Steeet Street Debt Totals Road use Other Steeet Street Debt Totals Tax Fund Monies Tax Fund Monies Round Figures to Nearest Dollars Round Figures to Nearest Dollars A.BEGINNING BALANCE EXPENSES 1. July 1 Balance $433,973 $0 $0 $433,973 D. Maintenance 2. Adjustments $0 $0 $0 $0 1. RoadWay Maintenance $994,377 $0 $0 $994,377 (Note on Explanation 2. Snow and Ice Removal $324,099 $0 $0 $324,099 Sheet) 3. Adjusted Balance $433,973 $0 $0 $433,973 E.Construction, Reconstruction and Improvements B. REVENUES 1. Engineering $35,869 $0 $0 $35,869 2. Right of Way $0 $0 $0 $0 1. Road Use Tax $1,885,078 $1,885,078 Purchased 2. Property Taxes $0 $0 $0 3. Street/Bridge $0 $0 $0 $0 3. Special $0 $0 $0 Construction Assessments 4.Traffic Services $247,044 $0 $0 $247,044 4. Miscellaneous $13,993 $0 $13,993 F. Administration $121,084 $13,993 $0 $135,077 5. Proceeds from $0 $0 $0 G. Equipment $203,940 $0 $0 $203,940 Bonds,Notes, and Loans
6. Interest Earned $0 $0 $0 H. Miscellaneous $0 $0 $0 7. Total Revenues $1,885,078 $13,993 $0 $1,899,071 J. street Debt (Lines B1 thru B6) 1. Bonds, Notes and $0 $0 $0 $1,829,200 Loans -Principal Paid
2. Bonds, Notes and $2,319,051 $13,993 $0 $2,333,044 $0 $0 $0 $367,080 C. Total Funds Loans - Interest Paid Available (Line A3 + Line B7) TOTALS K. Total Expenses $1,926,413 $13,993 $0 $1,940,406 (Lines D thru J) L. Ending Balance $392,638 $0 $0 $392,638 (Line C-K) M. Total Funds $2,319,051 $13,993 $0 $2,333,044 Accounted For (K + L = C) Report Generated City Street Financial Report Form 517007 {5-2016} 9/7/2016 1:55 PM Office of Local Systems Fiscal Year Ames, IA 50010 2016 City Name Sheet NEWTON 3 of 10 City Number 5482
Miscellaneous Revenues and Expenses Sheet
Code Number and Itemization of Miscellaneous Revenues (Line B4 on the Summary Column 2 Column 3 Statement Sheet)(See Instructions) Other Street Monies Street Debt 172---Labor & Services $13,993.00 $0.00
Line B4 Totals $13,993.00 $0.00
Code Number and Itemization of Miscellaneous Expenses (Line H on the Summary Column 2 Column 3 Statement Sheet) "On street" parking expenses, street maintenance, buildings, insurance, Other Street Monies Street Debt administrative costs for printing, legal fees,bond fees etc. (See Instructions)
Line H Totals Report Generated City Street Financial Report Form 517007 {5-2016} 9/7/2016 1:55 PM Office of Local Systems Fiscal Year Ames, IA 50010 2016 City Name Sheet NEWTON 4 of 10 City Number 5482
Bonds, Notes and Loans Sheet
New Debt Type Debt Purpose DOT Issue Issue % Related Year Principal Total Total Principal Interest Principal Bond ? Use Only Date Amount to Street Due Balance Principal Interest Roads Roads Balance as as of 7/1 Paid Paid of 6/30 General Obligation Street 101 06/30/2014 $2,525,000 44 2024 $2,525,000 $305,000 $97,375 $134,200 $42,845 $2,220,000 Improvements General Obligation Street 102 06/30/2015 $4,705,000 50 2025 $4,705,000 $160,000 $95,610 $80,000 $47,805 $4,545,000 Improvements General Obligation Street 103 06/30/2012 $10,020,000 100 2025 $10,020,000 $1,615,000 $276,430 $1,615,000 $276,430 $8,405,000 Improvements New Bond Totals $17,250,000 $13,483,500 Totals $17,250,000 $2,080,000 $469,415 $1,829,200 $367,080 $15,170,000 Report Generated City Street Financial Report Form 517007 {5-2016} 9/7/2016 1:55 PM Office of Local Systems Fiscal Year Ames, IA 50010 2016 City Name Sheet NEWTON 5 of 10 City Number 5482
Project Final Costs Sheet For construction, reconstruction, and improvement projects with costs equal to or greater than 90% of the bid threshold in effect as the beginning of the fiscal year.
Check here if there are no entities for this year
Project Final Costs Sheet (Section A)
1. Project Number 2. Estimated Cost 3. Project Type 4. Public Letting? 5. Location/Project Description (limits, length, size of structure) 2016-1 $75,100 SURF Yes 2015 PCC Patching Project (Various Locations around Town)
2015-2 $79,320 SURF Yes 2015 HMA Resurfacing Project (Various Locations Around Town)
Project Final Costs Sheet (Section B)
1. Project Number 6. Contractor Name 7. Contract 8. Additions/ 9. Labor 10. Equipment 11. Materials 12. Overhead 13. Total Price Deductions 2016-1 TK Concrete, Inc - Pella, IA $66,880 -$10,512 $0 $0 $0 $0 $56,368
2015-2 Manatt's Inc, Brooklyn IA $720,551 -$20,915 $0 $0 $0 $0 $699,636 Report Generated City Street Financial Report Form 517007 {5-2016} 9/7/2016 1:55 PM Office of Local Systems Fiscal Year Ames, IA 50010 2016 City Name Sheet NEWTON 6 of 10 City Number 5482
Road/Street Equipment Inventory Sheet
1. 2. 3. 4. 5. 6. 7. Used On 8. Local Class Model Description Purchase Lease /Unit Rental /Unit Project Status I.D. # Year Cost Cost Cost this FY? NONE 2011 Hull Trailer $4,399 $0 $0 No NOCH
48 1997 International Tandem Truck $62,000 $0 $0 No NOCH
12 2005 Int 7300 with Sander,Plowbox,Prewet System $89,496 $0 $0 No NOCH
5 2003 Chevrolet 3/4 Ton Pick Up 4 x 4 $19,913 $0 $0 No NOCH
30 2004 Target Pro Concrete Saw $10,449 $0 $0 No NOCH
N/A 2004 Graco Line Lazer Pavement Stripper $3,902 $0 $0 No NOCH
2T 2000 MacLander Trailer $3,175 $0 $0 No NOCH
36 1995 Chevrolet 2 1/2 Ton Dump Truck with Plow $24,117 $0 $0 No SOLD
7 2003 Chevrolet 4x4 2500 Silverado Pickup $19,913 $0 $0 No NOCH
17 1999 Chevrolet C-1500 1/2 Ton Pickup $15,300 $0 $0 No SOLD
45 1999 International Dump Truck 4x2 & Sander $53,000 $0 $0 No NOCH
14 1999 International Dump Truck 4x2 & Sander $53,000 $0 $0 No NOCH
15 1998 Chevrolet 2500 4x4 Pickup $22,035 $0 $0 No SOLD
27 1992 Caterpillar 120G Motorgrader $86,269 $0 $0 No NOCH
29 2002 Caterpillar IT28G Loader $83,762 $0 $0 No NOCH
35 2001 Ingersoll Rand P185WJD Air Compressor $10,000 $0 $0 No NOCH
4 1996 Chevrolet Aerial Bucket Truck $43,350 $0 $0 No NOCH
19 2001 Chevrolet K3500 L5 Truck w/Dump Box & U Plow $24,516 $0 $0 No NOCH
11 1980 Arrow Paving Breaker $21,000 $0 $0 No NOCH Report Generated City Street Financial Report Form 517007 {5-2016} 9/7/2016 1:55 PM Office of Local Systems Fiscal Year Ames, IA 50010 2016 City Name Sheet NEWTON 7 of 10 City Number 5482
Road/Street Equipment Inventory Sheet
1. 2. 3. 4. 5. 6. 7. Used On 8. Local Class Model Description Purchase Lease /Unit Rental /Unit Project Status I.D. # Year Cost Cost Cost this FY? 38 2000 JohnDeere 5410 Tractor $26,768 $0 $0 No NOCH
31 2002 Crack Sealer SS125 DCR $48,000 $0 $0 No NOCH
23 2001 International 4700 4x2 Single Axle Dump Truck $56,934 $0 $0 No NOCH
18 1999 Chevrolet 1/2 ton Pick Up $15,300 $0 $0 No SOLD
16 2002 Fair Snowblower D842SI $44,676 $0 $0 No NOCH
24T 2004 Big Tex Trailer $1,155 $0 $0 No NOCH
33 1997 Vermeer Brush Chipper $15,726 $0 $0 No NOCH
44 2005 International 4X2 w/Plow and Sander $61,000 $0 $0 No NOCH
101 2012 F-150 Crew Cab $26,284 $0 $0 No NOCH Engineering 25 2012 John Deer 310SJ Backhoe $82,760 $0 $0 No NOCH
57 2001 Chevrolet 1/2 Ton Pickup 4 x 4 $19,755 $0 $0 No SOLD
32 2010 Asphalt Durapatcher $19,000 $0 $0 No NOCH
20 2014 Volvo L70F Loader $180,765 $0 $0 No NOCH
N/A 2014 Landpride Batwing Mower $11,714 $0 $0 No NOCH
37 2014 Johnston VT-801 Street Sweeper $231,420 $0 $0 No NOCH
32 2015 Cimline ECO Patcher $27,600 $0 $0 No NOCH
46 2013 International 7300 Truck w/plow, wing & prewet $143,601 $0 $0 No NEW
1 2015 International 7300 Truck wi/Plow, Wing & Prewet $148,762 $0 $0 No NEW
2014 H & H Enclosed Cargo Trailer 14 Tandem $4,081 $0 $0 No NEW
2014 H&H Enclosed Cargo Trailers 14 Tandem $4,081 $0 $0 No NEW Report Generated City Street Financial Report Form 517007 {5-2016} 9/7/2016 1:55 PM Office of Local Systems Fiscal Year Ames, IA 50010 2016 City Name Sheet NEWTON 8 of 10 City Number 5482
Road/Street Equipment Inventory Sheet
1. 2. 3. 4. 5. 6. 7. Used On 8. Local Class Model Description Purchase Lease /Unit Rental /Unit Project Status I.D. # Year Cost Cost Cost this FY? 15 2011 3/4 Ton 4x4 Chevy Pickup $24,880 $0 $0 No NEW
17 2015 3/4 Ton 4x4 Chevy Pickup $26,865 $0 $0 No NEW
8 2016 3/4 Ton 4x4 Chevy Pickup $27,566 $0 $0 No NEW Report Generated City Street Financial Report Form 517007 {5-2016} 9/7/2016 1:55 PM Office of Local Systems Fiscal Year Ames, IA 50010 2016 City Name Sheet NEWTON 9 of 10 City Number 5482
Explanation Sheet
Comments Report Generated City Street Financial Report Form 517007 {5-2016} 9/7/2016 1:55 PM Office of Local Systems Fiscal Year Ames, IA 50010 2016 City Name Sheet NEWTON 10 of 10 City Number 5482
Monthly Payment Sheet
Month Road Use tax Payments July $156,847.37 August $211,290.85 September $187,408.94 October $143,351.82 November $163,063.93 December $164,593.90 January $137,182.92 February $157,665.86 March $161,747.10 April $112,180.15 May $120,734.72 June $169,010.47 Totals $1,885,078.03 City of Newton Council Report
Item: Resolution approving Telecommunications Licensing Agreement with Windstream Iowa Communications, LLC Report Number: 16-205
Summary: Approval of a license agreement to Date: September 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 facilities at 1st St N and N 19th Ave E, run east along N 19th Ave E to E 8th St N, and then run north along E 8th St N, exiting the corporate limits north of N 19th Ave E.
Based on the rates City Council established in Resolution No. 2012-034 passed on April 16, 2012, the licensing fee for the 2,746 LF of underground conduit in the City right-of- way is $2,771.40.
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.
Robert L. Knabel City Administrator
Attachment
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 facilities at 1st St N and N 19th Ave E, run east along N 19th Ave E to E 8th St N, and then run north along E 8th St N and exit the corporate limits north of N 19th Ave E; and
WHEREAS, the proposed route of said telecommunications system includes 2,746 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 September 2016.
APPROVED this ____ day of September 2016.
Michael L. Hansen, Mayor ATTEST:
Katrina Davis, City Clerk
A LICENSE TO UTILIZE PUBLIC RIGHT-OF-WAYS FOR THE INSTALLATION, OPERATION AND MAINTENANCE OF A FIBER OPTIC NETWORK
SECTION 1. DEFINITIONS a. "City" shall mean the City of Newton, Iowa and, where appropriate, shall include its officers, employees and agents.
b. "Public Improvements" shall mean any improvements as defined in Code of Iowa Section 384.95, including but not limited to paving, sidewalks, grass, vegetation, trees, street lights, traffic signals, water mains, sewers, electric transmission lines and equipment related thereto, and in addition public utilities, on Public Property.
c. "Public Property" shall mean City-owned or controlled public rights-of-way, easements, bridges, squares or commons.
d. "Licensee" shall mean Windstream Iowa Communications, LLC and shall include all equipment owned, operated, leased or subleased in connection with the operation of the network, and shall include but not be limited to poles, overhead or underground wires, pipes, overhead or underground cables, underground conduits, ducts, manholes, vaults, fiber optic cables, and other structures or appurtenances.
SECTION 2. BASIC GRANT Licensee is hereby granted a license to construct, maintain, inspect, protect, repair, replace and retain a communications system in, under, upon, along and across the Public Property shown and identified in Exhibit A hereto, subject to the regulatory powers of the City and subject to the conditions hereinafter set forth.
SECTION 3. TERM OF LICENSE This License shall consist of two separate duration periods, a construction period and a maintenance period. Both periods commence on the execution of the license by both parties.
Construction - Licensee shall have a period of 18 months to put into place the utilities, which Licensee has provided the details on pursuant to other sections of this License.
Maintenance - Licensee shall have the right under this License, after providing proper notice to the City, to maintain/repair its existing utilities. The expansion of (either in geography or in size/capacity) or upgrading of the utility is not considered maintenance/repair.
SECTION 4. FEES REQUIRED a. Licensee shall pay the City an administrative license fee in the amount of $2,771.40 (two thousand, seven hundred seventy-one dollars and forty cents), payable upon execution of this License, for use of the public property as shown in Exhibit "A" during the term of this License.
b. If during the term of this License the City enacts an Ordinance requiring compensation from telecommunications providers on a competitively neutral and
- 1 - nondiscriminatory basis for use of public property Licensee shall within sixty (60) days after request by City pay the fees required by such Ordinance, with the effective date of said ordinance being the starting date for the accrual of fees. Any fees paid during the term of this License, however, shall be credited toward the fees required by the Ordinance. If the Ordinance enacted requires fees for this transaction which are less than $2,771.40, the City shall refund the excess of $2,771.40 over the fees required under such Ordinance, provided, however, that in no event shall the amount refunded exceed the sum of $2,000.00.
SECTION 5. PERMIT PROCESS FOR INSTALLATION, REPAIR, EXTENSION OR EXPANSION OF THE NETWORK Before commencing any extension or expansion of its system, or any major repair work, or the installation of any new system in the City, the Licensee shall file with the Public Works Department of the City a written statement verifying the Public Property under which or upon which it proposes to extend, expand, install or repair its system. The statement shall be accompanied by a map, plan or specifications showing the proposed location of the system components with reference to streets and alleys and the location of other utilities, the size and dimensions of all facilities, and the distance above or beneath the surface of the ground it is proposed to repair or to lay the same. If the proposed locations of any facilities shall interfere with the reasonable and proper use, construction, reconstruction and maintenance of any public improvements or any existing public utility system component, or other structure upon or under public property, the Public Works Director shall within 30 days after the filing of such plan, map or specifications, note the changes necessary, eliminate all interference with a public improvement or existing public utility system facility and refer the same back to the Licensee for amendment. Such map, plan or specifications, when properly changed and corrected, shall be filed in the Public Works Department, and after the approval of the same by the Public Works Director, a permit shall be issued authorizing the Licensee to proceed in accordance with the approved maps, plans or specifications. No such excavation, construction or erection shall be commenced before the issuance of the permit herein provided for, unless it is an emergency as described in the Newton City Code, and all work shall be in accordance with the approved maps, plans or specifications.
SECTION 6. CONSTRUCTION AND REPAIR OF NETWORK In the process of location, construction, reconstruction, replacement, or repair of any system component, the excavation or obstruction made or placed in public property at any time or for any purpose by the Licensee shall, to protect the public and to assure the safe and efficient movement of traffic, be properly barricaded to comply, at a minimum, with requirements set forth in the Manual on Uniform Traffic Control Devices (MUTCD). All pavement taken up or damaged or other disturbed areas shall be properly and speedily replaced in accordance with the City's Regulations. As a condition to use of Public Property, the Licensee shall at its own expense repair any private property, utility system component, public improvement or Public Property damaged by such location, construction, reconstruction, replacement or repair work, in a manner reasonably acceptable to City. If the Licensee fails to repair or arrange with the City for the proper repair of any Public Property after excavations have been made, and after seven days' notice in writing to do so is given to its designated representative, the City may make such repairs at the expense of the Licensee.
- 2 - SECTION 7. EXCAVATIONS The Licensee is authorized to make excavations in City streets, avenues, alleys and public property for purposes of routine repair, replacement, and maintenance of poles, wires, or other excavations. The Licensee shall obtain a permit pursuant to City Ordinances and Regulations, shall not unnecessarily obstruct the use of streets, avenues, alleys or public places, shall provide the Public Works Director with notice prior to the actual commencement of the work and shall comply with all provisions, requirements, and regulations in accordance with the existing City Ordinance in performing such work. In emergencies which require immediate excavation the Licensee may proceed with the work without first applying for the permit, provided, however, that the Licensee shall apply for and obtain the permit as soon as possible after commencing such emergency work.
If the Licensee fails to comply with the provisions of the City Code the City may repair or restore the public property to a condition as good as the condition of the property prior to the disturbance by the Licensee and the Licensee shall pay the costs of such repair or restoration. The Licensee shall pay to the City its costs and charges for such work within thirty days after receipt of the City's billing.
SECTION 8. WORK BY OTHERS, ALTERATION TO CONFORM WITH PUBLIC IMPROVEMENTS The City reserves the right to lay, and permit to be laid, wires, pipes, cables, conduits, ducts, manholes and other appurtenances, and to do, or permit to be done, any underground and overhead installation or improvement that may be deemed necessary or proper by the City in, across, along, over or under any public property occupied by the Licensee and to change any curb or sidewalk or the grade of any street. In permitting others to do such work the City shall not be liable to the Licensee for any damages arising out of the performance of such work by other parties. Nothing in this License shall be construed as to relieve any other person or corporation from liability for damage to the Licensee's facilities.
SECTION 9. LICENSEE CONTRACTORS The requirements of the License shall apply to all persons, firms or corporations performing work for the Licensee under a contract, subcontract or other type of work order.
SECTION 10. CONDITIONS OF STREET OCCUPANCY This fiber optic cable systems and other components of the facilities erected by the Licensee within the City shall conform to established grades of streets, alleys, and sidewalks, and be so located as to cause minimum interference with other public utilities located in or upon public property, and to cause minimum interference with the rights or reasonable convenience of property owners who adjoin public property.
The Licensee shall conduct its work hereunder in such manner as to cause as little interference as possible with pedestrian and vehicular traffic, and shall abide by scheduling directions, if any, given by the Public Works Director.
The Licensee shall, upon reasonable notice and at its sole cost and expense, remove, locate and relocate its facilities in, on, over or under public property in such manner as the City may at any time require for the purpose of facilitating the construction, reconstruction,
- 3 - maintenance, repair or change in grade of any public improvement on, in or about any such public property, for the purpose of promoting the efficient operation of any such improvement, or for the purposes of facilitating the vacation and/or redevelopment of public right-of-way by the City. In the event the Licensee fails to act within a reasonably allocated time, the City may cause the Licensee facilities to be relocated or removed, and the costs thereof shall be to the Licensee and shall be paid as provided in Section 6 hereof.
The Licensee shall not place its facilities in the public property where the same will interfere with the normal use or maintenance of any public improvement including but not limited to streets, alleys, sidewalks, traffic control devices, sanitary sewers, storm sewers, storm drains or water mains, or electrical transmission lines, or any public utility facility.
Upon request, the Licensee agrees to assist in locating underground facilities which are part of its system. Such assistance will be provided in a timely manner, but not more than forty-eight hours after the time of request. As a condition of this License the Licensee shall enroll as a member of the 'Iowa One-Call System' and shall respond to all requests and notifications placed to the toll free 'One-Call' number.
Installation, repair, or replacement work completed by the Licensee on any facilities requiring excavation of public property or public right-of-way shall require restoration and replacement of surface vegetation with sod in conformance with city ordinances and in accordance with standard local practices for placing sod.
SECTION 11. POWERS OF CITY Nothing in this License shall be construed to abridge the right or power of the City to make further regulations relative to the use of the streets, alleys and public grounds by anyone using the same for the erection and maintenance of utility systems.
SECTION 12. PLANS AND COORDINATION Upon completion of the work the Licensee shall promptly furnish to the City copies of 'as-built' plans related to its facilities located on Public Property.
The Licensee shall keep complete and accurate maps and records on the locations and operations of its facilities in connection with this License.
SECTION 13. VIOLATIONS OF LICENSE Upon evidence being received by the City that a violation or breach of this License or violation of codes or ordinances lawfully regulating the Licensee in the operation of its facilities, or in the use of public property therefore is occurring or has occurred, (hereinafter referred to as a "default") the City shall cause an investigation to be made. If the City finds that a default exists or has occurred the City may take appropriate steps to secure compliance with the terms of this License or the codes or ordinances.
The City shall notify the Licensee of the default and the Licensee shall cure such default within thirty days after receipt of such notice; provided, however, where any such default cannot reasonably be cured within such thirty (30) day period, if Licensee shall proceed promptly to cure the same and prosecute such cure with due diligence, the time for
- 4 - curing such default shall reasonably be extended for such period of time as may b.e necessary to complete such cure, as mutually agreed upon by the parties.
If the Licensee fails to cure a default within the time allowed the City shall have the right to: (i) seek specific performance; or (ii) remedy the default by doing the act itself, or through a contractor, and charge the costs of such work to the Licensee; or (iii) seek damages for such default; or (iv) any combination of (i), (ii) and (iii).
SECTION 14. LIABILITY, INDEMNIFICATION AND INSURANCE The Licensee covenants to indemnify, defend, and save the City and its officers, agents and employees, harmless from any and all damages arising directly from the exercise of the rights granted herein. The Licensee agrees to require contractors and subcontractors engaged in work for the Licensee within the public rights-of-way or on public property to maintain in effect during the term of work liability insurance in comprehensive form and in the amounts to be set by the City. Licensee agrees to accept the risk of having its communications systems and equipment upon the public right-of-way, including the possible risk of damage or injury to its system or equipment, and agrees to release and discharge the City of any liability for damage or injury to Licensee's equipment, except to the extent caused by the City's gross negligence. In no event shall the City be liable for any consequential damages arising out of any damage or injury to Licensee's equipment placed in the right-of way.
SECTION 15. SEVERABILITY In the event that a court of competent jurisdiction shall adjudge any prov1s1on or provisions hereof invalid or illegal, or direct a change by the Licensee in any matter or thing herein contained, such invalidity or illegality or change shall in no way affect the remaining provisions of this License or their validity or legality, and this License in all other respects shall continue in full force and effect, as if said provision or provisions had not been so adjudged invalid or illegal, or such change had not been directed, or shall at the City's option, cause a termination of this License.
SECTION 16. ASSIGNMENT Neither party shall assign or otherwise transfer this License or any of its rights and interest to any firm, corporation or individual without the prior written consent of the other party, except either party shall have the right to assign, convey or otherwise transfer its rights, title, interest and obligations under this License, in whole or in part, to any entity controlled by, controlling or under common control with a party hereto, or any entity into which a party may be merged or consolidated or which purchases all or substantially all of the assets of such party, or any lease, sublease, indefensible right of use, or sale or transfer of, conduit, fiber or similar facilities with Licensee's telecommunication system to any third party users of such facilities.
SECTION 17. VACATION OF STREETS AND ALLEY So long as the Licensee exercises the rights granted to it hereunder the City will not, by
- 5 - ordinance or otherwise, vacate any street, alley or public way in which the Licensee has installed its facilities without reserving such rights as necessary to allow continued use of such property for the said facilities in accordance with the terms of this License, provided that nothing herein shall limit the City's right to require the Licensee to relocate it facilities as provided in Section 1O hereof.
SECTION 18. DELIVERY OF NOTICES Except as may be expressly provided herein, any notices hereunder shall be in writing and shall be delivered via certified mail and addressed as follows, unless indicated otherwise in the future:
If to City: Newton Public Works Director 1700 North 4th Avenue West Newton, Iowa 50208
If to Licensee: Windstream Iowa Communications, LLC Attn: Franchises & Easements 11101 Anderson Dr., Suite 100 Little Rock, AR 72212
Provided, however, that in the case of an emergency, notices may be given verbally to the above named persons. In such case written confirmation should be provided. Nothing contained herein shall prevent other forms of notice if actually received by the addressee. Notice shall be deemed given on the date of mailing in done by certified mail, or otherwise on the date actual notice is received.
SECTION 19. TELECOMMUNICATIONS ACT This License is subject to all applicable federal, state and local laws, regulations and orders of governmental agencies as amended, including but not limited to the Communications Act of 1934 as amended, the Telecommunications Act of 1996 as amended and the Rules and Regulations of the FCC. Neither City nor Licensee waive any rights they may have under any such laws, rules or regulations.
This LICENSE is entered into as of the ___ day of ______, 2016.
LICENSEE CITY OF NEWTON By:______By:______Jason Hedrick Michael L. Hansen, Mayor
Title: Manager Engineering Administration Attest: ------City Clerk
- 6 - City of Newton Council Report
Item: Resolution approving a Telecommunications Licensing Agreement with Aureon. Report Number: 16-206
Summary: An agreement with Aureon to Date: September 19, 2016 utilize public right-of-way for the extension of an existing communications network. Lead Department: Public Works Financial Impact: none Recommendation: Approve
Background: Aureon (formerly Iowa Network Services) of West Des Moines, Iowa is proposing an extension of their previously installed telecommunications system in Newton. This proposed extension would allow them to provide network services to UL Labs at 3020 1st Ave E. The proposed improvements would begin at existing Aureon facilities at the southeast corner of 1st Ave E and Iowa Speedway Dr., run north across 1st Ave E continuing for several hundred feet along the east side of E 31st St N, and then cross under E 31st St N to service to the UL building. The proposed route is to be installed entirely underground, with 722 LF in the City of Newton right-of-way. Based on the rates City Council established in Resolution No. 2012-034 passed on April 16, 2012, the licensing fee for the portion of this line in City of Newton right-of-way is $949.80.
The Public Works Department has reviewed the route of the proposed improvements and will be working with Aureon and the installation contractor to eliminate conflicts with existing utilities and other possible future improvements. The proposed route submitted by Aureon minimizes surface disturbances by utilizing directional boring methods. All construction work and surface restoration proposed on this project will be subject to this agreement, along with a separate right-of-way excavation permit issued by the Public Works Department.
Recommendation: City staff recommends approval of the telecommunications licensing agreement with Aureon of West Des Moines, Iowa.
Robert Knabel City Administrator
Attachment
RESOLUTION NO. 2016 – ______
RESOLUTION APPROVING TELECOMMUNICATIONS LICENSING AGREEMENT WITH AUREON
WHEREAS, Aureon (formerly Iowa Network Services) of West Des Moines, Iowa has requested the use of City owned right-of-way for the construction and maintenance of a telecommunications system; and
WHEREAS, said telecommunications system would be an extension of an existing communications system installed previously; and
WHEREAS, said telecommunications system would begin at existing Aureon facilities at the southeast corner of 1st Ave E and Iowa Speedway Dr., run north across 1st Ave E continuing for several hundred feet along the east side of E 31st St N, and then cross under E 31st St N to service to the UL building at 3020 1st Ave E; and
WHEREAS, the proposed route of said telecommunications system is entirely underground with 722 LF to be installed in the City of Newton right-of-way; and
WHEREAS, the City of Newton has prepared a licensing agreement for the construction and maintenance of said telecommunications system based on that portion of said telecommunications system inside the City right-of-way; and
WHEREAS, based on the rates City Council established in Resolution No. 2012- 034 passed on April 16, 2012, the licensing fee for the portion of this line in City of Newton right-of-way is $949.80.
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 Aureon of West Des Moines, Iowa.
PASSED this _____ day of September 2016.
APPROVED this ____ day of September 2016.
Michael L. Hansen, Mayor ATTEST:
Katrina Davis, City Clerk
EXHIBIT A
PROJECT# 1.6.. 0844;;.;.; .,7______AUREON (INS) NEWfON, IOWA NOTES: 1. ALL ROADS, PAVED DRIVEWAYS AND SIDEWALKS WILL BE BORED. BORE DEPTH FORT CONDUIT CROSSING HWY 6 WILL BE A MINIMUM OF 48" BELOW BOTTOM OF PAVEMENT. 2. DISTANCES SHOWN ARE APPROXIMATE ONLY. CONTRACTOR WILL FIELD VERIFY CONDITIONS AND MATERIALS NEEDED PRIOR TO CONSTRUCTION. 3. ALL TRAFFIC CONTROL SHALL BE IN ACCORDANCE WITH THE LATEST EDITION OF THE MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES (MUTCD). CONTRACTOR TO OBTAIN ALL APPLICABLE PERMITS INCLUDING BUT NOT LIMITED TO CLOSURE PERMITS. ALL PERMITS SHALL BE OBTAINED PRIOR TO CONSTRUCTION. 4. THERE ARE NO LANE CLOSURES OR TRAFFIC DISRUPTIONS ANTICIPATED WITH THIS PROJECT. 5. BORE RIG LOCATION SHOWN ON EXHIBIT. 6. UTILITIES SHOWN BASED ON MAPS RECEIVED FROM IOWA ONE CALL DESIGN TICKET #551603829. 7. IOWA DOT ROAD PLANS FROM PROJECT #STP-U-5482(5)-70-50 USED FOR ALIGNMENT.
UTI LITY WARNING ANY UTILITIES SHOWN HAVE BEEN LOCATED FROM MAPS AND RECORDS OBTAINED BY THIS SURVEYOR. THE SURVEYOR MAKES NO GUARANTEE THAT THE UTILITIES SHOWN COMPRISE ALL THE UTILITIES IN THE AREA, EITHER IN SERVICE OR ABANDONED. THE SURVEYOR FURTHER DOES NOT WARRANT THAT THE UTILITIES SHOWN ARE IN THE EXACT LOCATION SHOWN.
PROPOSED: 722 LF 2" ORANGE CONDUIT IN CITY ROW ~IOWA "fs. (BJ 1 NEW HANDHOLE ON CITY ROW ONE CALL
LEGEND TELEPHONE PEDESTAL m SIGN ... WATER VALVE 1)4. POWER POLE * FIRE HYDRANT fl)p TELEVISION PEDESTAL Iii! TELEPHONE LINE --- T -- - SANITARY SEWER MANHOLE ® CABLE TELEVISION LINE ---1V- -- STORM SEWER MANHOLE @ FIBER OPTICS LINE -- -OF--- ROUND STORM SEWER INTAKE STORM SEWER INTAKE • WATERMAIN - -- • --- • STORM SEWER - --S T-- - UNDERGROUND CONDUIT SANITARY SEWER ---s--- HANDHOLE --IHI GAS LINE • --- E------FIDER OPTIC VAULT ~ ELECTRIC LINE --- FIDER OPTIC MANHOLE 9 OVERHEAD ELECTRIC LINE -- -GE--- ESTIMATED ESTIMATED BACKHOE TRENCHING MISC. NOTES PLOWING BORES WORK
PROJECT NO. NEWTON, IOWA Sheet 1 of 1
IIIUE - SCALE:
Ill)" t-----+------t----+-----+------lt------1 llllm08 24 2016 City of Newton Council Report
Item: Resolution accepting completion of the 2016 Highway and Stencil Painting Project.
Report Number: 16-207 Summary: Acceptance of the completed work
and release of retained funds for the contract to September 19, 2016 paint lines and symbols on roadways. Date:
Lead Department: Public Financial Impact: $16,899.94 paid from the Works Department Road Use Tax fund.
Recommendation: Approve
Background: The City has a need for highway and street painting to be completed once every two years to promote safe navigation of the motoring public. Federal regulations mandate minimum standards for traffic control such as painting divider lines, edge lines and symbols. On June 6, 2016 City Council awarded a contract for $15,373.07 to Vogel Traffic Services Inc. of Orange City, Iowa to paint lines and symbols.
Paint line striping and symbols has been completed by Vogel Traffic Services. The Public Works Director has verified that the project has been substantially completed in general compliance with the terms, conditions, and stipulations of said contract. Due to actual quantities, the project cost was $16,899.94 and will be paid from the Road Use Tax fund.
RECOMMENDATION City Staff recommends accepting the completion of the 2016 Highway and Stencil Project, and authorizing the retainage amount of $845.00 to be paid to the contractor no sooner than 30 days after approval of this resolution, should no claims be on file.
Robert Knabel City Administrator
Attachments
RESOLUTION NO. 2016-______
RESOLUTION ACCEPTING COMPLETION OF THE 2016 HIGHWAY AND STENCIL PAINTING PROJECT
WHEREAS, every other year the City repaints the highway and street lines and symbols to promote safe navigation of the motoring public; and
WHEREAS, bid documents and specifications were prepared by the Public Works Department for the 2016 Highway and Stencil Painting Project; and
WHEREAS, based on the lowest responsible bid received, the City of Newton awarded a contract to Vogel Traffic Services Inc., of Orange City, Iowa in the amount of $15,373.07 on June 6, 2016; and
WHEREAS, Vogel Traffic Services, Inc., of Orange City, Iowa has completed the line striping and symbol painting per the contract; and
WHEREAS, due to actual quantities the final project cost was $16,899.94.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Newton, Iowa, that the City of Newton hereby accepts completion of the 2016 Traffic Painting and Symbol Project; and authorizes the Public Works Director to execute payment of the retainer in the amount of $845.00 to Vogel Traffic Services., Inc. of Orange City, Iowa no sooner than 30 days after approval of this resolution, should no claims be on file. The Traffic Lines and Symbols project cost of $16,899.94 will be paid from the Road Use Tax fund.
PASSED this ______day of September 2016.
APPROVED this ______day of September 2016.
______Michael L. Hansen, Mayor ATTEST:
______Katrina Davis, City Clerk City of Newton Council Report
Item: Resolution approving 28E Agreement with the State of Iowa Alcoholic Beverage Division of the Department of Commerce supporting Tobacco Compliance Checks. Report Number: 16-208
Summary: The Police Department will do Date: September 19, 2016 compliance checks on businesses that sell tobacco and alternative nicotine products. Lead Department: Police Department
Financial Impact: Minimal revenue increase Recommendation: Approve
Background: The Police Department has, on an annual basis, entered into a 28E agreement with the Department of Commerce - Alcoholic Beverage Division. The proposed agreement requires the Police Department to perform compliance checks on each tobacco retailers within our jurisdiction and enforce non-compliance and submit a report to the Iowa Alcoholic Beverages Division of the Iowa Department of Commerce. In return for this enforcement activity, the Newton Police Department will be paid $75.00 for each compliance check.
Recommendation: To approve the resolution approving the 28E agreement with the Alcoholic Beverages Division of the Iowa Department of Commerce.
Robert Knabel City Administrator
Attachment
RESOLUTION NO 2016 - ______
RESOLUTION APPROVING 28E AGREEMENT WITH THE STATE OF IOWA ALCOHOLIC BEVERAGE DIVISION OF THE DEPARTMENT OF COMMERCE SUPPORTING TOBACCO COMPLAINCE CHECKS
WHEREAS, the Newton Police Department has previously been a party to a 28E Agreement with the State of Iowa Alcoholic Beverage Division of the Department of Commerce regarding its participation in the tobacco enforcement program; and
WHEREAS, the Newton Police Department wishes to continue its participation in this program to ensure compliance within the community and reduce the illegal use of tobacco by those youth under 18 years old; and
WHEREAS, the Newton Police Department will be paid $75.00 for each compliance check.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newton, Iowa, that the attached 28E agreement with the State of Iowa Alcoholic Beverage Division of the Department of Commerce is hereby approved, and the Chief of Police is directed to and authorized to execute and implement the agreement.
PASSED this ______day of September, 2016.
APPROVED this ______day of September, 2016.
Michael Hansen, Mayor
ATTEST:
Katrina Davis, City Clerk
28E AGREEMENtf? lf(!)R T@Bi!.CC@, AETERNATIV'E NIC@TINE AND ¥2!.~(!)R~R(!)D~CTENE@RCEMENT
SCHEDULE3
THIS AGREEMENT is made and entered into on this __day of ______, 2016 by and between the Iowa Alcoholic Beverages Division ("ABD"), and the Newton Police Department (The "Department"). The parties agree as follows:
SECTION 1. IDENTITY OF THE PARTIES.
1.1 Iowa ABD. The ABD is authorized pursuant to Iowa Code Chapter 142A and a Memorandum of Understanding with the Iowa Department of Public Health to provide enforcement for Iowa's tobacco, alternative nicotine and vapor product laws. The ABD's address is: 1918 SE Hulsizer Road, Ankeny, Iowa 50021.
1.2 Department. The Department operates a duly recognized Iowa law enforcement agency. The Department's address is:
Newton Police Department 101 W. 4th Street S, Newton, Iowa 50208
SECTION 2. PURPOSE. The parties have entered into this Agreement for the purpose of providing and funding tobacco, alternative nicotine and vapor product enforcement activities in compliance with Iowa Code § 453A.2.
SECTION 3. TERM. The term of the Agreement shall be from the aforementioned date through June 30, 2017, unless earlier terminated in accordance with the terms of the Agreement.
SECTION 4. FILING. Pursuant to Iowa Code § 28E.8, the ABD shall electronically file the Agreement with the Iowa Secretary of State, after the parties have executed the agreement.
SECTION 5. RESPONSIBILITIES OF THE PARTIES.
5.1 Responsibilities of the Department.
5.1.1 Local Tobacco, Alternative Nicotine and Vapor Product Enforcement. The Department shall provide tobacco, alternative nicotine and vapor product enforcement of Iowa Code Chapter 453A.
5.1.2 Compliance Checks. "Compliance checks" mean activity to enforce Iowa Code§ 453A.2 within the jurisdiction of the Department. Compliance checks also may include enforcement of § 453A.2 within additional jurisdictions upon agreement
1 of the Parties. ABD shall make available to the Department the location of each tobacco, alternative nicotine and vapor product permit holder subject to a compliance check by the Department at https://tobacco.iowaabd.com/. The Department shall perform one (1) compliance check of each tobacco, alternative nicotine and vapor product permit holder within the jurisdiction of the Department during the term of the Agreement. Please note that alternative nicotine and vapor products are age-restricted pursuant to Iowa Code § 453A.2, and are therefore included in the I-PLEDGE program. Attempts to purchase alternative nicotine and vapor products may be conducted at any retailer that sells these products. The Department shall not begin to conduct any retailer compliance checks until October 1, 2016.
The compliance check shall be completed and submitted for reimbursement to ABD by February 15, 2017. The Department should try to complete a compliance check of all seasonal businesses such as golf courses, marinas and bait shops before the businesses close for the 2016 business year, but not before October 1, 2016.
The Department shall conduct a second compliance check on any retailer that is found to be non-compliant during the first inspection. The second compliance check on the non-compliant retailer shall be completed and entered no later than May 15, 2017.
Clerks that fail compliance checks shall be ticketed criminally.
The Department shall, within seven (7) business days, notify the retail owner or manager of any violation. Within seventy-two (72) hours of the Department issuing a citation for a violation of Iowa Code § 453A.2(1) to a permit-holder or employee of a permit-holder, the Department must notify the local permit-issuing authority that issued the tobacco, alternative nicotine and vapor product permit to the retailer where the offense was committed.
If the Department fails to complete and submit reimbursement for compliance checks to ABD by February 15, 2017, ABD will consult with the Department to establish a plan for completing the remaining compliance checks. In the event that the Department fails to execute the agreed upon plan, the Department agrees that ABD may authorize the Iowa State Patrol or other law enforcement agency to conduct any remaining compliance checks.
5.1.3 Youth Volunteers. Utilization of youth volunteers is strongly encouraged where feasible. The Department may compensate the youth involved in the compliance checks in a manner consistent with Section 6. Keep in mind that the federal government (SYNAR) will not allow minors under the age of sixteen (16) to be used to conduct compliance checks. Please ensure that the officers assigned to conduct the compliance checks do not work with a youth younger than age 16.
2 5.1.4 Routine Enforcement. In addition to conducting compliance checks, the Department agrees to regularly enforce youth tobacco, alternative nicotine and vapor product laws by ticketing youth offenders.
5.1.5 Civil Proceedings. The Department shall cooperate with city, county and state prosecutors if civil permit proceedings are initiated against a tobacco, alternative nicotine and vapor product permit holder. The Department shall also cooperate in proceedings against cited clerks and minors. Cooperation shall include, but not be limited to, sharing investigative reports and copies of issued citations, as well as providing witness statements and testimony.
5.1.6 Compliance Reports. The Department shall provide monthly reports to the ABD in the manner prescribed by the ABD.
5.1.7 Miscellaneous. The Department shall be responsible for the day-to-day administration of its tobacco, alternative nicotine and vapor product enforcement activities. The Department shall provide all office space, equipment and personnel necessary to conduct tobacco, alternative nicotine and vapor product enforcement activities under the Agreement. The Department is solely responsible for the selection, hiring, disciplining, firing and compensation of its officers.
5.2 Responsibilities of the ABD.
5.2.1 Enforcement Guidance. The ABD shall provide guidance on tobacco, alternative nicotine and vapor product enforcement to the Department, if needed, and cooperate with the Department in the performance of the Agreement.
5.2.4 Payment. The ABD shall pay the Department in the manner described in Section 6.
5.2.5 Cooperation. If ABD believes that any officer of the Department fails to perform duties in a manner that is consistent with the Agreement, the ABD shall notify the Department. The Department shall then take such action as necessary to investigate and, if appropriate, discipline or reassign the officer away from tobacco, alternative nicotine and vapor product enforcement activities. The ABD shall have no authority to discipline or reassign an officer, except that the ABD shall have the authority to stipulate that a particular officer not be assigned to provide services under the Agreement.
5.2.6 Insurance, Benefits and Compensation. The ABD shall not provide for, nor pay, any employment costs of the Department's officers including, but not limited to, worker's compensation, unemployment insurance, health insurance, life insurance and any other benefits or compensation, nor make any payroll payments with respect to the Department's officers. The ABD shall have no liability
3 whatsoever for all such employment costs or other expenses relating to, or for the benefit of, the Department's officers.
SECTION 6. PAYMENT TO DEPARTMENT.
6.1 Method of Payment. In consideration for providing the services required by the Agreement, the Department shall be paid on a flat fee basis of seventy-five dollars ($75) per reported compliance check. The flat fee payment for each compliance check constitutes the full and exclusive remuneration for the compliance checks. For example, compensation of youth participants is the sole responsibility of the Department and is to be paid from the flat fee payment.
6.2 Eligible Claims. Compliance checks that are conducted on or after October 1, 2016 are eligible for payment provided that the results are reported in accordance with Section 5. Any compliance checks that were funded by a non-departmental entity are not eligible for payment.
6.3 Allocations. The costs of the services referred to in Section 6.1 shall be allocated as follows:
6.3.1 Sole Activity. Money paid to the Department, pursuant to the Agreement, shall be used to fund overtime of full- or part-time peace officer positions solely for tobacco, alternative nicotine and vapor product enforcement activities described in the Agreement. Money also shall be used for compensation, if any, of youth participants. In addition, the Department may use money paid pursuant to the Agreement for reasonable Department expenditures, including, but not limited to, officer training and equipment, provided that such expenditures do not impair the Department's ability to perform tobacco, alternative nicotine and vapor product enforcement activities.
6.3.2 Payment in Arrears. The ABD may pay all approved invoices in arrears and in conformance with Iowa Code§ 8A.514. The ABD, consistent with Iowa Code§ 8A.514, may pay in less than the specified time period. Payment by the ABD in fewer than sixty (60) days, however, does not constitute an implied waiver of that Code section.
SECTION 7. ADMINISTRATION OF AGREEMENT. The ABD and the Department shall jointly administer the Agreement.
SECTION 8. NO SEPARATE ADMINISTRATIVE ENTITY. No new or separate legal or administrative entity is created by the Agreement.
SECTION 9. NO PROPERTY ACQUIRED. The ABD and the Department, in connection with the performance of the Agreement, shall acquire no real or personal property.
4 SECTION 10. TERMINATION.
10.1 Termination For Convenience. Following thirty (30) days written notice, either party may terminate the Agreement, in whole or in part, for convenience without the payment of any penalty or incurring any further obligation to the non-terminating party. Following termination for convenience, the non-terminating party shall be entitled to compensation, upon submission of invoices and proper proof of claim, for services provided under the Agreement to the terminating party up to and including the date of termination.
10.2 Termination for Cause. The occurrence of any one or more of the following events shall constitute cause for any party to declare another party in default of its obligations under the Agreement:
10.2.1 Failure to observe and perform any covenant, condition or obligation created by the Agreement;
10.2.2 Failure to make substantial and timely progress toward performance of the Agreement;
10.2.3 Failure of the party's work product and services to conform with any specifications noted herein;
10.2.4 Infringement of any patent, trademark, copyright, trade dress or any other intellectual property right.
10.3 Notice of Default. If there occurs a default event under Section 10.2, the non-defaulting party shall provide written notice to the defaulting party requesting that the breach or noncompliance be immediately remedied. In the event that the breach or noncompliance continues to be evidenced ten days beyond the date specified in the written notice, the non-defaulting party may either:
10.3.1 Immediately terminate the Agreement without additional written notice; or,
10.3.2 Enforce the terms and conditions of the Agreement and seek any available legal or equitable remedies.
In either event, the non-defaulting party may seek damages as a result of the breach or failure to comply with the terms of the Agreement.
SECTION 11. INDEMNIFICATION.
11.1 By ABD. Consistent with Article VII, Section 1 of the Iowa Constitution and Iowa Code Chapter 669, ABD agrees to defend and indemnify the Department and hold it harmless
5 against any and all liabilities, damages, settlements, judgments, costs and expenses, including reasonable attorney's fees of counsel required to defend the Department, related to or arising out of ABD' s negligent or wrongful acts or omissions in the performance of the Agreement.
11.2 By the Department. Consistent with Article VII, Section 1 of the Iowa Constitution and Iowa Code Chapter 670, the Department agrees to defend and indemnify and hold the State of Iowa and ABD harmless from any and all liabilities, damages, settlements, judgments, costs and expenses, including reasonable governmental attorney's fees and the costs and expenses of attorney fees of other counsel required to defend the ABD, related to or arising from any negligent or wrongful acts or omissions of the Department in the performance of this Agreement.
SECTION 12. CONTACT PERSON.
12.1 Contact Person. At the time of execution of the Agreement, each party shall designate, in writing, a Contact Person to serve until the expiration of the Agreement or the designation of a substitute Contact Person. During the term of the Agreement, each Contact Person shall be available to meet, as otherwise mutually agreed, to plan the services being provided under the Agreement.
SECTION 13. CONTRACT ADMINISTRATION.
13.1 Amendments. The Agreement may be amended in writing from time to time by mutual consent of the parties. All amendments to the Agreement must be fully executed by the parties.
13.2 Third Party Beneficiaries. There are no third party beneficiaries to the Agreement. The Agreement is intended only to benefit ABD and the Department.
13.3 Choice of Law and Forum. The terms and provisions of the Agreement shall be construed in accordance with the laws of the State of Iowa. Any and all litigation or actions commenced in connection with the Agreement shall be brought in Des Moines, Iowa, in Polk County District Court for the State of Iowa. This provision shall not be construed as waiving any immunity to suit or liability that may be available to the State of Iowa, ABD or the Department.
13.4 Assignment and Delegation. The Agreement may not be assigned, transferred or conveyed in whole or in part without the prior written consent of the other party.
13.5 Integration. The Agreement represents the entire Agreement between the parties and neither party is relying on any representation that may have been made which is not included in the Agreement.
13.6 Headings or Captions. The paragraph headings or captions are for identification purposes only and do not limit nor construe the contents of the paragraphs.
6 13.7 Not a Joint Venture. Nothing in the Agreement shall be construed as creating or constituting the relationship of a partnership, joint venture, association of any kind or agent and principal relationship between the parties. Each party shall be deemed an independent contractor acting toward the expected mutual benefits. No party, unless otherwise specifically provided for herein, has the authority to enter into any contract or create an obligation or liability on behalf of, in the name of, or binding upon the other party to the Agreement.
13.8 Supersedes Former Agreements. The Agreement supersedes all prior Agreements between ABD and the Department for the services provided in connection with the Agreement.
13.9 Waiver. Except as specifically provided for in a waiver signed by duly authorized representatives of ABD and the Department, failure by any party at any time to require performance by the other party or to claim a breach of any provision of the Agreement shall not be construed as affecting any subsequent breach or the right to require performance with respect thereto or to claim a breach with respect thereto.
13.10 Notices. Notices under the Agreement shall be in writing and delivered to the representative of the party to receive notice (identified below) at the address of the party to receive notice as it appears below or as otherwise provided for by proper notice here under. This person shall be the Contact Person. The effective date for any notice under the Agreement shall be the date of delivery of such notice (not the date of mailing) which may be effected by certified U.S. Mail return receipt requested with postage prepaid thereon or by recognized overnight delivery service, such as Federal Express or UPS. Failure to accept "receipt" shall constitute delivery.
lfto ABD: Jessica Ekman Tobacco Program Coordinator Iowa Alcoholic Beverages Division 1918 SE Hulsizer Road Ankeny, Iowa 50021 515-281-7434 Email: [email protected]
If to Department: Chief Robert Burdess Newton Police Department 101 W. 4th Street S Newton, Iowa 50208 Email:
13.11 Cumulative Rights. The various rights, powers, options, elections and remedies of any party provided in the Agreement, shall be construed as cumulative and not one of
7 them is exclusive of the others or exclusive of any rights, remedies or priorities allowed any party by law, and shall in no way affect or impair the right of any party to pursue any other equitable or legal remedy to which any party may be entitled as long as any default remains in any way un-remedied, unsatisfied or un-discharged.
13.12 Severability. If any provision of the Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, such determination shall not affect the validity or enforceability of any other part or provision of the Agreement.
13.13 Time is of the Essence. Time is of the essence with respect to the performance of the terms of the Agreement.
13.14 Authorization. Each party to the Agreement represents and warrants to the other that:
13.14.1 It has the right, power and authority to enter into and perform its obligations under the Agreement.
13.14.2 It has taken all requisite action (corporate, statutory or otherwise) to approve execution, delivery and performance of the Agreement, and the Agreement constitutes a legal, valid and binding obligation upon itself in accordance with its terms.
13.15 Successors in Interest. All the terms, provisions and conditions of the Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors, assigns and legal representatives.
13.16 Record Retention and Access. The Department shall maintain books, records and documents which sufficiently and properly document and calculate all charges billed to ABD throughout the term of the Agreement for a period of at least three (3) years following the date of final payment or completion of any required audit, whichever is later. The Department shall permit the Auditor of the State of Iowa or any authorized representative of the State and where federal funds are involved, the Comptroller General of the United States or any other authorized representative of the United States government, to access and examine, audit, excerpt and transcribe any directly pertinent books, documents, papers, electronic or optically stored and created records or other records of the Department relating to orders, invoices, or payments or any other documentation or materials pertaining to the Agreement. The Department shall not impose a charge for audit or examination of the books and records.
13.17 Additional Provisions. The parties agree that any Addendum, Rider or Exhibit, attached hereto by the parties, shall be deemed incorporated herein by reference.
13.18 Further Assurances and Corrective Instruments. The parties agree that they shall, from time to time, execute, acknowledge and deliver, or cause to be executed, acknowledged and delivered, such supplements hereto and such further instruments as may reasonably be required for carrying out the expressed intention of the Agreement.
8 SECTION 14. EXECUTION.
IN WITNESS WHEREOF, in consideration of the mutual covenants set forth above and for other good and valuable consideration, the receipt, adequacy and legal sufficiency of which are hereby acknowledged, the parties have entered into the Agreement and have caused their duly authorized representatives to execute the Agreement.
By Alcoholic Beverages Division
Stephen Larson, Administrator Date
By Law Enforcement Agency
Department Official Date
Department Witness Date
9 City of Newton Disbursements 9-20-16 Vendor Department Description Amount 3M Administrative Svcs/WPC Supplies $ 256.00 Acushnet Company Golf Merchandise $ 882.70 Alliant Energy/IPL All Utility $ 56,212.26 American Legal Publishing Corporation Administrative Svcs Service $ 119.70 Animal Rescue League Animal Control Service $ 4,399.05 Arrow Pest Control LLC Water Pollution Control Service $ 10.00 AT & T Mobility Landfill Service $ 57.65 ATC Group Services LLC Housing Demolitions Service $ 1,590.00 Barney's Wrecker & Crane Fire Service $ 254.51 Black Hills Energy All Utility $ 128.74 Blackett, David Parks Reimbursement $ 159.99 Bound Tree Medical LLC Fire Supplies $ 1,447.48 Brick Gentry P.C. Legal Services Service $ 7,751.50 Caldwell Brierly Chalupa Nuzum PLLC Economic Development Service $ 200.00 Callaway Golf Golf Merchandise $ 131.85 Cappy's Tire & Auto Service Street/Parks Service $ 363.86 Card Services All Supplies/Training $ 6,413.35 Cintas Parks Supplies $ 31.76 Civil Design Advantage LLC Speedway/Prairie Fire TIF Service $ 5,977.24 Coen, Joe Fire Merchandise $ 103.37 Co-Line Welding Inc Parks Service $ 808.00 Computer Resource Specialists Administrative Svcs Service $ 540.00 D&W Tree Service Parks Service $ 1,950.00 Davis Equipment Corp Parks Supplies $ 518.59 Dickinson Co Inc Traffic Control Service $ 300.00 Dodd Trash Hauling & Recycling Landfill Service $ 840.55 Elan City Police Supplies $ 189.00 Elliott Equipment Co Water Pollution Control Supplies $ 1,895.00 Farner Bocken Co Golf Concessions $ 530.29 Financial Forms & Supplies Fire Supplies $ 158.13 Fire Safety USA Inc Fire Supplies $ 1,500.00 Forbes Office Solutions All Supplies $ 679.31 Fred Pryor Seminars Administrative Svcs Training $ 3,200.00 Frontier Technology LLC Police Training $ 800.00 G&K Services City Center Service $ 204.93 Gall's LLC Fire Supplies $ 411.44 General Fire And Safety Fire Supplies $ 30.00 Global Equipment Company Fire Supplies $ 312.33 Ground Breaker Homes LLC Private Incentives Grant $ 9,450.81 Hahn Ready Mix Golf Supplies $ 853.19 Hawkeye Exterminators Water Pollution Control Service $ 240.00 Henderson Products Inc Street Equipment $ 67,757.00 Hillyard / Des Moines Fire Supplies $ 157.26 Hornung's Golf Merchandise $ 201.34 Hy-Vee Inc Home Town Rewards/Executive Supplies $ 186.01 IMFOA Finance Training $ 125.00 Page 1 IMWCA All Insurance $ 41,319.00 Iowa League of Cities Executive Training $ 60.00 Iowa One Call Water Pollution Control Service $ 338.40 Iowa Park & Recreation Parks Membership $ 155.00 Iowa Prison Industries Traffic Control Supplies $ 237.60 Iowa Pump Works Water Pollution Control Supplies $ 1,250.00 Jasper Construction Services Water Pollution Control Supplies $ 170.42 Jasper County Treasurer All Property Taxes $ 24,788.00 Jeff Seals Construction Police Service $ 864.00 Jerico Services Inc Water Pollution Control Service $ 294.00 Jim's Johns Parks Service $ 230.00 Johnson Aviation Airport Reimbursement $ 48.14 Keltek Incorporated Fire Service $ 341.73 Key Cooperative All Fuel $ 9,390.37 Keystone Labs Water Pollution Control Service $ 1,753.90 Kinetic Edge Physical Therapy Street Service $ 94.00 Lauterbach Buick-Pontiac Landfill Supplies $ 330.09 Logan Contractors Supply Street Supplies $ 93.00 Lyman, Rick Building Service $ 733.00 Mahaska Bottling Co Golf Service $ 508.10 Manatts - D.M. Street Supplies $ 11,571.02 Marsden Bldg Maintenance City Center Service $ 2,010.00 Martin Marietta Materials Street Supplies $ 2,623.67 MATCO City Garage Supplies $ 18.89 Maxim Advertising Administrative Svcs Supplies $ 155.00 Mercy College of Health Sciences Fire Training $ 42.50 Methodist Occupational Health & Wellness Fire Service $ 1,079.73 Mid-American Research Chemical Water Pollution Control Supplies $ 402.71 Modern Marketing Police Supplies $ 273.79 Municipal Supply Inc Water Pollution Control Supplies $ 703.00 NAPA Auto Parts All Supplies $ 464.35 National Pen Co LLC Parks Supplies $ 85.47 News Printing Company All Publications $ 1,171.39 Newton Clinic Fire Service $ 33.00 Newton Correctional Facility Street Service $ 120.00 Newton Enterprises LLC Water Pollution Control Refund $ 12,214.12 Noble Ford of Newton Inc Fire Service $ 4,983.39 O'Halloran International City Garage Credit $ 86,113.00 Partsmaster Water Pollution Control Supplies $ 656.25 Per Mar Security Services Police/Landfill Service $ 2,046.18 PING Golf Merchandise $ 76.21 Pitney Bowes Purchase Power Building Supplies $ 28.99 Pittman, Keith Police Training $ 62.08 Premier Office Equipment Police Service $ 106.36 Quill Corporation All Supplies $ 395.48 R&R Products Inc Golf Supplies $ 93.24 Randy's Lawn Care SSMID District Service $ 2,040.00 RR Donnelley Administrative Svcs Supplies $ 112.87 Safe Building Building Service $ 93.75 Page 2 Salyers, Cheryl Administrative Svcs Reimbursement $ 1,239.00 Sandry Fire Supply LLC Fire Equipment $ 93.98 Sign Pro Parks Service $ 1,460.00 Skiff Medical Center Fire Disability $ 1,526.00 Smith Quality Rental Golf/Landfill Supplies $ 449.54 Spahn & Rose Lumber Co All Supplies $ 237.23 Springer Professional Home Services Golf Service $ 38.00 Stacy's Sweetstuff Fire Supplies $ 40.00 Strategic Insights Inc Public Works Administration Service $ 1,012.50 SupplyWorks PW Building Supplies $ 667.56 Theisen's All Supplies $ 196.34 Todd Heaberlin Enterprises Water Pollution Control Supplies $ 84.85 True Value Hardware All Supplies $ 77.03 Two Rivers Cooperative All Fuel $ 8,117.18 Umsted, Natalie Executive Reimbursement $ 247.10 United States Cellular All Utility $ 1,067.36 UnityPoint Clinic-Occupational Street Service $ 74.00 Variety Specialties Police Supplies $ 152.75 Volk, Ryan Fire Merchandise $ 6.99 Warnick & Reeves Mechanical Airport Service $ 5,838.49 Water Department All Utility $ 10,409.12 Watts Family Monuments Inc Cemetery Service $ 700.00 Windstream All Utility $ 2,990.36 Wing, Chris Police Training $ 23.87 WRH Inc Water Pollution Control Service $ 84,075.00 Zimco Supply Company Golf Supplies $ 901.50 Zoll Fire Supplies $ 379.76 TOTAL: $ 515,209.89
Pre-Authorized Payments Doll Distributing Golf Concessions $ 473.50 Iowa Audio Video Administrative Svcs Equipment $ 6,990.82 Iowa Beverage Systems Golf Concessions $ 368.10 Jasper County Treasurer N Central TIF Property Taxes $ 85,173.80 Letko Cycles Police Equipment $ 19,867.91 Midtown Investors Group, LLC N Central TIF Property Purchase $ 324,344.20
ACH Payments from Great Southern Bank Advantage Administrators All Insurance $ 134.00 Great Southern Bank Park/Golf Credit Card Fees $ 717.54 Lincoln National Life All Insurance $ 3,961.78 State of Iowa Park/Golf/Landfill/WPC Sales Tax $ 700.00
Page 3 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 16-187 Parking Offenses Adopted by Code Reference” Report Number:
by adding stop signs on North Second Avenue September 6, 2016 East at East Second Street North in the NE Date:
Quadrant. Lead Department: Police
Department Summary: Install stop signs to improve safety
at the intersection. Recommendation:
Approve Financial Impact: Minimal
Background: Citizens have expressed concern over the N 2nd Ave E and E 2nd St N intersection in relation to vehicle and pedestrian traffic and the lack of stops signs causing safety issues for motorists in the area.
This neighborhood and intersection were analyzed by City staff and based on the vehicle and pedestrian traffic and the neighborhood parking dynamics the Traffic Safety Committee recommends that stops signs be added at the following locations:
· N 2nd Ave E at E 2nd St N –North and southbound traffic traveling on E 2nd St N already stop at N 2nd Ave E. Add Stop signs to N 2nd Ave E at E 2nd St N for east and westbound traffic to stop.
The addition of these stop signs would mirror the 4-way stop intersection at N 2nd Ave E and E 3rd St N and would provide consistency in the traffic flow of the uptown area.
Recommendation: City Staff recommends approval of the Ordinance amendment for stop signs to be added at the intersection N 2nd Ave E at E 2nd St N to improve the safety of our residents traveling in that area.
Robert Knabel 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 OFFENSES ADOPTED BY REFERENCE” BY ADDING A STOP SIGN ON NORTH SECOND AVENUE EAST AT EAST SECOND STREET NORTH IN THE NE QUADRANT OF NEWTON.
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 Offenses Adopted by Reference”
SPECIAL STOPS REQUIRED. Every driver of a vehicle shall stop and yield in accordance with the following:
AVENUES, NORTHEAST QUADRANT is hereby amended by adding or deleting the following: North Second Avenue East. Vehicles traveling on North Second Avenue East shall stop at the following street intersections. First Street North. East Second Street North. East Fourth Street North. East Eight Street North. [Ord. 2231 Eff. 05/09/2014] East Nineteenth Street North. East Seventeenth Street North. [Ord. No. 2168 Eff. Date 04-01-11] East Twenty-Third Street North. [Ord. No. 2171 Eff. Date 04-01-11]
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 after the 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.
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 16-209 Parking Schedules Adopted by Code Report Number:
Reference” by adding stops signs and yield September 19, 2016 signs at various locations in the southwest Date:
quadrant of Newton. Lead Department: Public
Works Department Summary: Install stops signs and yield signs to
improve safety at intersections. Recommendation:
Approve Financial Impact: Minimal
Background: Citizens have expressed concerns regarding the following uncontrolled intersections: · S 6th Ave W and W 7th St S is an uncontrolled intersection with a north-south cross walk on the west side of the intersection. · S 13th Ave W and W 9th St S is an uncontrolled intersection where W 9th St S is skewed in a southwest/northeast direction.
The traffic safety committee looked at all the uncontrolled intersections located in an area bound on the east by 1st St S, on the west by W 12th St S, on the north by 1st Ave and on the south by Interstate 80. Including the 2 intersections described above, there are a total of 12 uncontrolled intersections in this area. The intersections in this area were analyzed based on school traffic, student pedestrian traffic and the neighborhood dynamics. The traffic Safety Committee recommends that stops signs be added at the following uncontrolled intersections:
· S 6th Ave W at W 7th St S – Add stops signs to S 6th Ave W for eastbound and westbound traffic. This will make the crosswalk safer for pedestrians. This will make travel on S 6th Ave W consistent, stopping at W 6th Street S and W 9th St S. · S 7th Ave W at W 5th St S – This is a “T” intersection. Add stop sign for westbound traffic on S 7th Ave W. · S 9th Ave W at W 5th St S – Add a stop sign for eastbound and westbound traffic on S 9th Ave W. · S 15th Ave W at W 9th St S – This is a “T” intersection. Add stop sign for eastbound traffic on S 15th Ave W. · W 7th St S at S 12th Ave W – Add a stop sign for northbound and southbound traffic on W 7th St S. · W 9th St S at S 11th Ave W – This is a “T” intersection. Add a stop sign for northbound traffic on W 9th St S. · W 9th St S at S 13th Ave W – Add a stop sign for northbound and southbound traffic on W 9th St S at S 13th Ave W. · W 11th St S at S 12 Ave W – This is a “T” intersection. Add a stop sign for southbound traffic on W 11th St S. · Woodland Drive at W 11th St S – This is a “T” intersection. Add a stop sign for northbound traffic on Woodland Dr. · Woodland Drive at S 12th Ave W – This is a “T” intersection. Add a stop sign for southbound traffic on Woodland Dr. · Larchwood Ct at W 12th St S – This is a “T” intersection. Add a stop sign for eastbound traffic on Larchwood Ct.
Traffic Safety Committee recommends that yield signs be added at the following uncontrolled intersection: · S 11th Ave W at W 11th St S – Add a yield sign for northbound W 11th St S traffic turning east onto S 11th Ave W. Add a yield sign for westbound S 11th Ave W turning north onto W 11th St S.
Recommendation: City Staff recommends approval of the Ordinance amendment for stop signs and yield signs to be added at various intersections in the southwest quadrant of Newton to improve the safety of our residents.
Robert Knabel 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 AND YIELD SIGNS AT VARIOUS LOCATIONS IN THE SOUTHWEST QUADRANT OF NEWTON.
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, SOUTHWEST QUADRANT
West Seventh Street South. Vehicles traveling on West Seventh Street South shall stop at the following intersections.
South Second Avenue West. South Third Avenue West. South Fifth Avenue West. South Eighth Avenue West. South Eleventh Avenue West. South Twelfth Avenue West.
West Ninth Street South. Vehicles traveling on West Ninth Street South shall stop at the following street intersections.
South Second Avenue West. South Fifth Avenue West. South Eighth Avenue West. South Eleventh Avenue West. South Twelfth Avenue West. South Thirteenth Avenue West. South Fourteenth Avenue West.
West Eleventh Street South. Vehicles traveling on West Eleventh Street South shall stop at the following street intersections.
South Fifth Avenue West. South Eighth Avenue West. South Twelfth Avenue West.
Woodland Drive. Vehicles traveling on Woodland Drive shall stop at the following street intersections.
West Eleventh Street South. South Twelfth Avenue West.
AVENUES, SOUTHWEST QUADRANT
South Sixth Avenue West. Vehicles traveling on South Sixth Avenue West shall stop at the following street intersections.
West Third Street South, Eastbound only. West Fourth Street South West Sixth Street South. West Seventh Street South. West Ninth Street South. West Eleventh Street South. West Twelfth Street South.
South Seventh Avenue West. Vehicles traveling on South Seventh Avenue West shall stop at the following street intersections.
West Fourth Street South West Fifth Street South. West Seventh Street South. West Ninth Street South. West Eleventh Street South.
South Ninth Avenue West. Vehicles traveling on South Ninth Avenue West shall stop at the following street intersections.
West Fourth Street South West Fifth Street South. West Sixth Street South.
South Fifteenth Avenue West. Vehicles traveling on South Fifteenth Avenue West shall stop at the following street intersections.
West Fourth Street South West Seventh Street South, Eastbound only. West Ninth Street South. West Twelfth Street South. West Sixteenth Street South.
Larchwood Court. Vehicles traveling on Larchwood Court shall stop at the following street intersections.
West Twelfth Street South.
SPECIAL YIELD REQUIRED. Every driver of a vehicle shall yield in accordance with the following:
West Eleventh Street South. Vehicles traveling on West Eleventh Street South shall yield at the following street intersections.
South Eleventh Avenue West, northbound traffic turning east.
South Eleventh Avenue West. Vehicles traveling on South Eleventh Avenue West shall stop at the following street intersections.
West Eleventh Street South, westbound traffic turning 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 after the 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.
Katrina Davis, City Clerk
City of Newton Council Report
Item: Ordinance establishing the Community Marketing Board for the City of Newton, Iowa
Report Number: 16-210 Following the recommendations of Summary: the Council CVB Study Group, this ordinance Date: September 19, 2016 establishes a new City Board to oversee
marketing, community outreach, and Lead Department: Planning communications. & Zoning Department
Financial Impact: None. Recommendation:
Approve
Background: The CVB Study Group (Mullan, George, Biondi) explored the current marketing and communication needs for Newton. That group’s 60-day report recommended the establishment of a new City Board to oversee and provide guidance on a City communications and marketing program. The name of the board would be “Community Marketing Board.”
The attached ordinance establishes a 5-member board which would provide support and guidance on local and regional communications, community branding, marketing, engagement and outreach. Members appointed to the board should demonstrate an interest in those areas and represent key local industries or have knowledge in marketing, communications, real estate, education, health services, hospitality, or tourism.
Recommendation: City Staff recommends approval of the ordinance establishing the Community Marketing Board.
Robert Knabel City Administrator
Attachment ORDINANCE NO. ______
ORDINANCE ESTABLISHING THE COMMUNITY MARKETING BOARD FOR THE CITY OF NEWTON IOWA
WHEREAS, coordinated and consistent communications, marketing, and outreach is recognized as a need within the City of Newton;
WHEREAS, the establishment of the Community Marketing Board will provide the collective expertise to guide local and regional marketing efforts;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEWTON, IOWA:
Section 1. Title III, Chapter 32 is hereby amended by adding:
Community Marketing Board
32.050 Purpose. The purpose of this subchapter is to provide for the establishment of the Community Marketing Board that will provide support and guidance on local and regional communications, community branding, marketing, engagement, and outreach.
32.051 Appointment and Term. Five members of the Board shall be appointed by the Mayor with the advice and consent of the City Council. (A) The board shall consistent of five members who reside within the City of Newton City Limits.
(B) The original appointment of the members of the board shall be three for two years and two for three years, from January 1 following the year of such appointment. After the original appointment, the term of service shall be three years.
(C) Members may serve for more than one term.
(D) If any vacancy shall exist on the board caused by resignation or otherwise, a successor for the residue of said term shall be appointed by the Mayor with the advice and consent of the City Council.
(E) Members shall serve without compensation.
(H) A simple majority of the board shall constitute a quorum for the transaction of business.
(I) The board shall elect a Chairperson and Vice-Chairperson for presiding over the meetings.
(J) The board is authorized to write and adopt by-laws to govern its meetings and procedures.
32.052 Member Qualifications. Members shall demonstrate a positive interest in marketing, communications, branding, and citizen engagement. Members shall represent key local industries or have knowledge in areas such as marketing, communications, real estate, education, health services, hospitality, tourism, or other similar area.
32.053 Jurisdiction, Power and Authority. The board shall serve as an advisory board to the City Council on matters related to marketing, branding communications, tourism, events, hotel/motel tax, and community outreach.
32.054 Meetings, notices. The board shall meet at the call of the Chairperson or at such regular time as adopted by board by-laws. The notice of the time and place of such meetings shall be published as prescribed in Iowa Code § 362.3 or any successor provisions.
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 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
-2-
City of Newton Council Report
Item: Resolution establishing the Community Marketing Manager position
Report Number: 16-211 Following the recommendations of Summary: the Council CVB Study Group, this Resolution Date: September 19, 2016 establishes a new City position, the Community
Marketing Manager. Lead Department: Planning & Zoning Department Approximately $79,000 Financial Impact: annually from the Hotel/Motel tax fund Recommendation:
Approve
Background: The CVB Study Group (Mullan, George, Biondi) explored the current marketing and communication needs for Newton. That group’s 60-day report recommended the establishment of a new City Board and the creation of a new City position - Community Marketing Manager.
The attached Resolution establishes the new position within the Finance and Development Department and assigns it to Range 7 within the City’s Pay Matrix.
The anticipated salary and benefits cost for the position is approximately $79,000 depending on qualifications and placement within the Pay Range of the new hire and their benefit needs (such as a single vs. family healthcare plan).
The position would utilize Hotel/Motel Tax funds originally allocated to the Convention and Visitor’s Bureau, and the Resolution directs the use of those CVB funds to this new purpose. When using Hotel and Motel Tax, State Code Section 423A.7 “Local Transient Guest Tax Fund” stipulates how that revenue source can be used. At least 50% of the revenues from this source must be used for the following purposes:
· Acquisition of sites for, or constructing, improving, enlarging, equipping, repairing, operating or maintaining of recreation, convention, cultural, or entertainment facilities · Promotion and encouragement of tourist and convention business in the City or County surrounding areas.
The Community Marketing Manager position fits within the second purpose under State of Iowa Code.
Recommendation: City Staff recommends approval of the Resolution establishing the Community Marketing Manager position.
Robert Knabel City Administrator
Attachment RESOLUTION NO. 2016-_____
RESOLUTION MAKING ADJUSTMENTS IN THE NUMBER OF AUTHORIZED CITY POSITIONS
WHEREAS, in response to proposed changes in organizational needs, the City will restructure its workforce.
NOW THEREFORE BE IT RESOLVED that the following adjustment in the number of authorized City positions is hereby approved; and
Department Position Current Authorized as Authorization of 09/19/16 Finance and Community 0 FTE 1 FTE Development Marketing Manager
BE IT FURTHER RESOLVED that the position of Community Marketing Manager shall be added to Range 7 of the City’s Pay matrix; and
BE IT FURTHER RESOLVED that funding for this position for the remainder of the 2016-2017 Fiscal Year shall come from Hotel/Motel Tax, using funds budgeted but not appropriated to the Convention and Visitor’s Bureau.
PASSED this _____ day of September, 2016.
APPROVED this _____ day of September, 2016.
______Michael L. Hansen, Mayor (SEAL)
ATTEST:
______Katrina A. Davis, City Clerk City of Newton Council Report
Item: Resolution Offering Property Tax Abatement for the Renovation of the Apartment Complex at 1105 East 12th Street South in Newton
Summary: Wishrock Housing Partners has Report Number: 16-212 proposed to fully renovate the McCann Village apartments to better serve existing and future residents Date: September 19, 2016
Financial Impact: Lead Department: City would propose to abate the taxes for 10 years. Finance and Development The property is currently exempt from property taxes, so there would not be any change in City Recommendation: revenue with the abatement. Approval
Background:
McCann Village is an 80-unit apartment complex located at 1105 East 12th Street South. It is a non-profit, income-based property and serves people aged 62 and above. The complex was built in 1980 and is in need of modernization to refresh the building and grounds and to improve quality and accessibility.
Wishrock Housing Partners of Portland, Maine, is proposing to purchase McCann Village and undertake an extensive, $4 million renovation project. McCann would still be an income-based senior property serving the same existing residents with the same Section 8 rental assistance. Wishrock would attempt to phase the renovations to try to minimize the distress and disruption to residents as much as possible.
In order to take on this project, Wishrock would need to receive Low-Income Housing Tax Credits from the State of Iowa. The application for the program is due on November 17, with a decision expected to be issued in March 2017. This is the same program that Miller-Valentine is attempting to access for its project on the Seed Store site (and the same program for the Cohen-Esrey proposal), but there is a different set-aside of funds for preserving an existing apartment complex, separate from new construction.
Wishrock is requesting City assistance in order to make the extensive renovation possible and to be competitive in the State scoring system. The developer is requesting a 10-year, 100% property tax abatement, the maximum allowable by Iowa Code for multi-residential properties. In the unique case of McCann Village, this abatement would not result in a change in the current taxes. The property has always been exempt from property taxes since it was built, due to a Federal exemption. That exemption would go away with the Wishrock purchase and project.
The attached Resolution approves the offer of a 10-year, 100% property tax abatement for the McCann Village renovation project. It would allow the complex to continue to serve a senior population with high-quality apartments for many years into the future.
Recommendation: Staff recommends approval of the Resolution.
Robert L. Knabel City Administrator
RESOLUTION NO. 2016 – ______
RESOLUTION OFFERING PROPERTY TAX ABATEMENT FOR THE RENOVATION th OF THE APARTMENT COMPLEX AT 1105 EAST 12 STREET SOUTH IN NEWTON
WHEREAS Wishrock Housing Partners, LLC, (“Developer”) of Portland, Maine, in order to facilitate the full renovation of the 80-unit senior apartment complex in Newton known as McCann Village at 1105 East 12th Street South, has requested a 10- year property tax abatement; and
WHEREAS, McCann Village has always been exempt from property taxes, so an abatement would not change the amount of taxes collected from the property; and
WHEREAS, Chapter 404 of Iowa Code provides for a property tax abatement of up to 100% for 10-years for multi-residential properties in an urban revitalization area; and
WHEREAS, the renovation of McCann Village would improve service to existing and future residents by improving the building quality and accessibility; and
WHEREAS, the Newton City Council is generally favorable to offering financial incentives in support of high-quality development projects; and
WHEREAS, the tax abatement is contingent on the Developer receiving housing tax credits from the Iowa Finance Authority and on the City completing the necessary open public processes to give final approval to the tax abatement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newton:
That the City of Newton would offer a 10-year, 100% property tax abatement to Wishrock Housing Partners, LLC, (or its designee) for the full renovation of the McCann Village apartments at 1105 East 12th Street South in Newton.
PASSED this 19th day of September, 2016.
APPROVED this ______day of September 2016.
______Michael L. Hansen, Mayor ATTEST:
______Katrina Davis, City Clerk
The Location You May Apply If You Are…..
McCann Village is in an excellent location. 62 years of age or above Shopping is available nearby at HyVee and Walmart, downtown Newton and close to I-80. Mobility Impaired A mini-bus service is available to take you from Within HUD established income limits* the front door directly to your destination. *Please call or write for current income McCann Village is situated in a spacious area at guidelines. the southeast edge of Newton. The Apartments
McCann Village is a single building, three- McCann Village is a non-profit story community. An elevator allows easy residential facility for those 62 years access to all levels of the building. and older and persons with mobility impairments. There are 80 apartments. They are light and airy with plenty of outside exposure. Ownership:
The apartments have been carefully We are governed by a Board of designed to meet the needs of older Directors and sponsored by Sacred adults. Some apartments have been Heart Catholic Church of Newton. specifically constructed to accommodate persons who have mobility impairments. All apartments have emergency call McCann Village does not discriminate on the basis equipment. The building has a controlled of disability status in the admission or access to, or access security system. treatment, or employment in, its federally assisted McCann Village is funded by the Department of programs and activities. Housing and Urban Development (HUD). A There is on average 550-square feet of housing Assistance Program is available. Those living space in each one-bedroom who qualify do not pay more than 30% of their apartment with plenty of closet and annual adjusted income for rent and utilities storage space. (except for telephone, cable services and internet).
common areas, a large meeting room for group gatherings, a craft room, a library, laundry facilities and beauty shop.
Newton and Jasper County have a wide range of services available to meet the needs of older citizens. Staff is available in identifying and linking residents with home and community based services and other
resources.
McCann Village
Apartments
CONTACT US: www.McCannVillage.com
1105 East 12th Street South McCann Village is a beautiful apartment community. A great deal of time, effort Newton, Iowa 50208 and professional planning has resulted in a 641-792-3018 great facility. The thoughtful design of every aspect of the building and location 641-792-3177 make for an excellent place to live. McCann Village is intended to be more than just a place to live. Residents find a stimulating environment that includes a variety of group activities and many opportunities to pursue individual interests. In addition to well-designed individual apartments, there are comfortable Jasper County, IA
McCann Village Senior Apartments 1105 East 12th Street South, Newton, Iowa Overview
Legend Parcels Corporate Limits Political Townships Roads
127 ft
Jasper County Data Disclaimer Please Read Carefully This Jasper County Geographical Information System product contains information from publicly available sources that are subject to constant change. Jasper County makes no warranties or guarantees, either expressed or implied, as to the completeness, accuracy, or correctness of this product, nor accepts any liability arising from any incorrect, incomplete or misleading information contained therein. The information presented in this product does not replace or modify land surveys, deeds, and/or other legal instruments defining land ownership and use. All drawing components (lines, curves, points, etc.) are created as a representation and should not be construed as actual.
Date created: 9/13/2016 Last Data Uploaded: 3/11/2010 12:31:24 AM Developed by The Schneider Corporation City of Newton Council Report
Item: Resolution Approving a Preliminary Development Agreement for a Housing Complex on Property at 205 West 4th Street North in the North Central Urban Renewal Area, City of Newton, Iowa Report Number: 16-213
Cohen-Esrey has proposed a 38-unit Summary: Date: September 19, 2016 apartment building, subject to the receipt of State tax credits Lead Department: Financial Impact: Finance and Development City would receive $225,000 for the sale of the City- owned site, and would provide 15 years of $20,000 Recommendation: property tax rebates from the North Central TIF. Approval
Background:
Cohen-Esrey Affordable Partners, of Overland Park, Kansas, has proposed to build a 38-unit apartment building at 205 West 4th Street North, on land that is currently a City of Newton parking lot. Cohen-Esrey, an experienced developer specializing in affordable apartments throughout the Midwest, proposes to purchase the lot for $225,000. The total project cost is projected to be $6,000,000
The proposed project would be a four-story building, complemented by a play area, green space, and 43 parking stalls. The design of the project is proposed to be compatible in the downtown setting, with a flat roof, partial brick façade, balconies, and terraces. Cohen-Esrey had proposed a similar development for the former Seed Store site, but was ultimately out-competed by Miller-Valentine’s larger proposal for the site. After the unsuccessful proposal, Cohen-Esrey sought out other City-owned properties in Newton to which to re-site their project.
According to Cohen-Esrey, Newton’s endorsement of a second application would increase the chances of getting at least one project approved. Additionally, the developer stated that the Iowa Finance Authority would conduct independent market studies to determine whether the Newton market would have the demand to support the absorption of the new apartment units in one project, two projects, or neither.
The proposed Cohen-Esrey project would mostly be subject to income restrictions, due to the proposed State funding source. The majority of the units would be for people at 60% of the area’s median income. This translates to $27,360 for a single person and $39,060 for a family of four. These restrictions mean that the project would be geared toward workforce housing, especially new workers, and to retirees on fixed incomes. There are also proposed to be four market rate units in the building that would not be subject to any income or rent limits. Recent surveys of local employers and employees indicate that there is a shortage of high-quality affordable apartments in Newton. The location near DMACC would also be advantageous for part-time students that would be eligible to live in the units.
Like the Miller-Valentine proposal, the entire project is contingent on the receipt of State of Iowa Housing Tax Credits. These credits are highly competitive across the state, and one of the scoring criteria in the process involves the provision of local assistance. Without local participation, the likelihood of the receipt of the tax credits diminishes greatly. The application for the credits is due to the Iowa Finance Authority on November 17, and a decision on awards is scheduled for March 2017.
In addition to selling the land to the developer for $225,000, the City proposes an incentive of providing a property tax rebate for a period of fifteen years. The rebate would be a maximum of $20,000 per year, and would be funded by tax receipts from the project into the North Central Tax Increment Finance (TIF) District.
The project would go on top of the present 97-space City parking lot. Recent usage surveys show that this lot is typically over 80% empty during peak hours. It also sits next to a public DMACC parking lot and 155 spaces of private parking that have been blocked off for nearly four years but could be re-opened if demand dictates. In addition, the $225,000 purchase price could be used towards the replacement of parking spaces elsewhere in the downtown area.
The attached Resolution approves the Preliminary Development Agreement with Cohen-Esrey in support of their proposed housing project. It sets out the terms of City land sale and financial incentives and requires a subsequent final agreement to solidify the commitments of both parties, should the tax credits be received next year.
Recommendation: Staff recommends approval of the Resolution.
Robert L. Knabel City Administrator
RESOLUTION NO. 2016 – ______
RESOLUTION APPROVING A PRELIMINARY DEVELOPMENT AGREEMENT FOR A HOUSING COMPLEX ON PROPERTY AT 205 WEST 4th STREET NORTH IN THE NORTH CENTRAL URBAN RENEWAL AREA, CITY OF NEWTON, IOWA
WHEREAS, Cohen-Esrey Affordable Partners, LLC, (“Developer”), of Overland Park, KS, in order to facilitate a 38-unit workforce housing project, has submitted a preliminary proposal to construct the project on City-owned land located within the North Central Urban Renewal Area, in the 200 block of West 4th Street North; and
WHEREAS, the housing project would result in substantial public benefit, significant private investment, and creation of employment and housing opportunities within the city, would further benefit development of the Urban Renewal Area, and would be consistent with the goals and objectives of the North Central Urban Renewal Plan; and
WHEREAS, the Newton City Council is generally favorable to offering financial incentives in Urban Renewal Areas in support of high-quality development projects; and
WHEREAS, the City of Newton has prepared a Preliminary Development Agreement for the housing project, outlining a sale price for the City-owned land and property tax incentives payable from the North Central Urban Renewal Area TIF District, for the project; and
WHEREAS, the Preliminary Development Agreement is contingent on the Developer receiving housing tax credits from the Iowa Finance Authority in March 2017 and on the City completing the necessary open public processes to give final approval to land sales and development incentives. The Preliminary Development Agreement shall expire on June 30, 2017, if the City and Developer do not negotiate and agree to a Final Development Agreement by that date;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newton:
The attached Preliminary Development Agreement between the City of Newton and Cohen-Esrey Affordable Partners, LLC, is hereby approved.
PASSED this 19th day of September, 2016.
APPROVED this ______day of September 2016.
______Michael L. Hansen, Mayor ATTEST:
______Katrina Davis, City Clerk
NEWTON FLATS PROPOSAL
TO: Bryan Friedman, City of Newton FROM: Cohen-Esrey Affordable Partners RE: Proposal for Redevelopment of Downtown Newton City Owned Property--Newton Flats DATE: September 13, 2016
OVERVIEW The City of Newton desires to work in partnership with a qualified developer to redevelop the property at 205 West 4th Street North in downtown Newton. In addition to a proposal for another development for the 200 and 300 blocks of West 3rd Street North, City staff proposed this site as another development opportunity that would be submitted to the Iowa Finance Authority (IFA) for Workforce Housing. The application is due November 17, 2016
RATIONALE FOR MULTIPLE SUBMISSIONS by the City of Newton to IFA
In our experience, submitting multiple applications to IFA only increases a city’s chances of securing housing tax credits. Developers will first conduct their own internal market study to determine whether the Newton market will support the absorption of their product and potentially another development. In addition, IFA will also conduct a market study for the two projects.
Market observations and anecdotal evidence suggest that the Newton market could absorb both proposed projects for Workforce Housing (the projects would also be able to absorb additional senior renters). However, if the market studies suggest otherwise, then IFA might simply choose one of the projects. If this does occur, the second project would most likely be positioned to be in an even stronger position the following year for a Housing Tax Credit award.
DOWNTOWN NEWTON VISION
A Master Plan for Downtown Newton and The Downtown Development Design Guidelines provide an excellent overview of the existing opportunities and challenges facing historic downtown Newton, a Main Street Community, as well as a solid urban design guideline strategy for future development.
While the Master Plan doesn’t specifically outline the future uses for the 200 block of West 4th Street North, the Newton Flats development provides a unique opportunity to implement the urban design guidelines outlined in the plan--sustainable design, beautifying the streetscape by increasing the number of trees and urban planters, attractive lighting, pedestrian and bike friendly space, the potential for additional future public spaces, and addressing the existing challenge of the sea of surface parking spaces.
In fact, we see the issue of too many surface parking lots (many of them unattractive and not well kept) as one the largest challenges for downtown Newton and additional housing in the core downtown goes a long way to address this concern. The Master Plan states:
Downtown Newton has a seemingly abundant supply of available public parking spaces. On-street and public lots combined; there are 1,752 public parking spaces downtown. An additional 2,846 spaces are available in private parking areas. Previously completed parking studies indicate only approximately 30% of the public parking lots are used during peak hours.
Cohen-Esrey’s Affordable Partner’s (CEAP) proposal and design for the 200 block of West 4th Street North embodies the principles laid out in the Master Plan by building an urban building that maintains the existing pedestrian paths to create an attractive, walkable asset for downtown Newton.
INCREASED HOUSING: HELPING TO BRING JOBS AND REVITALIZING DOWNTOWN NEWTON
The City of Newton, along with its economic development partners such as the Newton Development Corporation, continues to attract new businesses and entrepreneurs to the city. A challenge for the existing and potentially new employers, however, is the lack of quality housing options in the city, particularly in the urban core. Newton Flats is a workforce housing project that will attract families and young professionals such as teachers, firefighters, and both employees of DMACC as well as part-time students who are also working.
Development leads to development, and Newton Flats will be the catalyst to fuel an acceleration of numerous housing options for downtown. More downtown residents are also key to attracting more quality retail options to the urban core and making a great historic downtown even better.
DEVELOPMENT PROPOSAL
Cohen-Esrey Affordable Partners, an experienced developer of multifamily housing throughout the Midwest, proposes the following development package:
1. Proposed Development: Newton Flats will be an attractive four-story, 38-unit apartment building at 204 West 4th Street North (approximately 38,000 sf). • Rental units are targeted to young professionals, families, and seniors. Most of the units will be targeted to individuals and families making up to 60% of area median income (AMI), which means those making up to $40,650. The project will also include four market rate units that have no income restriction. • Rents are projected to range from $286 to $650 per month. • The unit mix will include 8 3BRs, 15 2BRs, and 15 1BRs. • The property includes a playground area for use by the residents. • The design provides an attractive urban streetscape presence along North 2nd Avenue West and West 4th Street North, with the entrance on West 4th Street North. The facade of the building is 60% brick and 40% Hardie-board, which is designed specifically for a more urban environment. A site plan and rendering of the proposed building are attached as Exhibit 1. • Many units include Juliet balconies, providing more resident interaction with the surrounding streets. • The site will accommodate 43 parking spaces, which should provide adequate parking for the facility. If more parking is needed, additional spaces for residents and guests will be provided along the street or other possibilities include leasing additional parking from the DMACC.
2. Purchase Price: $225,000. CEAP proposes to purchase the three city-owned parcels on the 200 block West 4th Street North (currently labeled 204 West 4th Street North) for $225,000.
3. Request for City Support: $300,000. CEAP will seek housing tax credits through the Iowa Finance Authority’s (IFA) Low-Income Housing Tax Credit (LIHTC) program. Tax credits are awarded by IFA through a point system including up to 8 points for ‘Local Contribution’ for contributing up to 4% of Total Development Costs. With a projected $6.0 million development for Newton Flats, $240,000 would be needed from the City of Newton to maximize points for this category and $60,000 additional to assist in making the project work financially. We are projecting this would translate to be between 10 and 15 years of tax abatement (the exact number of years needed would depend upon Jasper County Assessor’s final assessment and projected yearly taxes). We are also open to discuss other ways the City could help meet this goal to improve the project’s changes of receiving financing from IFA.
4. IFA Scoring: The final IFA QAP was finalized last week. We have submitted an attachment (Exhibit 2) that projects the points Newton Flats would realize with IFA. CEAP has structured Newton Flats’ design, unit mix, and financing to maximize the IFA scoring. Newton Flats projects to receive 177 points, or 69.7% of total available points. With the new QAP, this score would give the project an excellent chance of receiving a LIHTC award from IFA in the current round.
COHEN-ESREY AFFORDABLE PARTNERS
In addition to the 22-year history of developing and managing tax credit housing projects (see Exhibit 3 for a Cohen-Esrey Affordable Partners Company Overview), in the last 18 months, CEAP has substantially upgraded its development arm, including our efforts in Iowa. The development team includes architect Brent Schipper of ASK Studio, an architectural firm in Des Moines. Brent has vast experience designing tax credit projects to meet the needs of local communities, and he has been a part of 30 tax credit developments in Iowa in the last ten years. Dan Garrett, of WNC Inc. in Des Moines, also serves as an advisor to CEAP for its Iowa tax credit developments. In the course of his career, Dan has been involved with 66 tax credit projects representing a total of 2,300 total units.
Since August 2015, beginning with the opening of the Marshalltown Historic Residences in Marshalltown, IA, CEAP has developed or is in the process of developing 443 units in eight projects across five states.
While CEAP has ratcheted up our capacity and resources to compete more aggressively for IFA tax credit allocations in Iowa, we want to assure the City of Newton that we will not submit more applications than that which would exceed the IFA-imposed LIHTC Developer Cap of $1.23 million in tax credits or ‘compete against ourselves’ with our IFA submissions. If we submit multiple applications to IFA, we will inform the City of this and the rationale as to why they do not compete (i.e. different ‘Set-Aside Categories’ etc).
Thank you for the opportunity to present this proposal and we look forward to working together in the future to continue the exciting work of improving downtown Newton.
EXHIBIT 1: RENDERING AND SITE PLAN
· PLAYEG}UIPMENT ~- 43 PARKING STALLS
I
4 STORY - 38 UNITS
. ,
r--1-,,.:___··__.:_ GROUND FLOOR TERRACES
REAR ENTRY
RESIDENT GREEN SPACES
~ COHEN-ES REY DSTUDIO
EXHIBIT 2: IFA SCORING WORKSHEET
Newton Flats IFA Scoring Iowa QAP Comparison 2016 to 2017 2017 QAP Estimations 2016--Old QAP 2017 Newton Possible % of Total Possible % of Total Estimated 6.1.1 Serves Lowest Income Residents 20 6.5% 20 7.9% 20 6.1.2 Market Rate 10 3.2% 10 3.9% 10 6.1.3 Serves pop of Ind with Children 4 1.3% 5 2.0% 5 6.1.4 Home Ownership Opportunity 25 8.1% 15 5.9% 6.2.1 Great Places 3 1.0% 2 0.8% 6.2.2 Location Near Services 24 7.8% Density 5 2.0% 5 6.2.3 Iowa Opportunity Index 3 1.0% 5 2.0% 6.2.4 Local Contribution 21 6.8% 8 3.1% 8 Community Contribution 0.0% 4 1.6% 4 Underserved Community 8 2.6% 6.3.1 Market Appeal 36 11.7% 32 12.6% 32 6.3.2 Project with Historic Significance 10 3.2% 7 2.8% 6.3.3 Federal Project Based Vouchers 35 11.4% 35 13.8% 6.3.4 Construction Characteristics 15 4.9% 18 7.1% 18 Universal Design 0.0% 6.3.5 Olmstead Goals 19 6.2% 13 5.1% 13 6.3.6 Impact on Environment 12 3.9% 10 3.9% 10 6.3.7 Energy Efficiency 8 2.6% 8 3.1% 8 6.4.1 Iowa Title Guarantee 10 3.2% 7 2.8% 7 6.4.2 Developer/Owner Contribution 10 3.2% 6.4.2.Developer Experience 10 3.2% 13 5.1% 8 6.4.4 Waive Right to Qualified Contract 25 8.1% 25 9.8% 25 256.4.4 Construction Costs 4 1.6% 4 6.4.5 Capital Needs Assessment for Acq/Rehab 8 3.1%
SELF SCORE ESTIMATE: 177 TOTAL POSSIBLE POINTS: 308 100.0% 254 100.0% 69.7% 2016 2017 Rural + Gen Pool
EXHIBIT 3: COHEN-ESREY AFFORDABLE PARTNERS OVERVIEW
Company Overview
Since 1994, Cohen-Esrey Affordable Partners (CEAP) has been inspired by a core belief:
Everyone deserves a great place to live.
We believe that providing affordable housing is the foundation for building better communities; a foundation that enhances economic development for a city or town. Without affordable housing, local industries cannot expand their facilities or workforce and the needs of many senior and special needs citizens go unanswered.
That’s why we are constantly searching for new and innovative answers to some of the toughest housing challenges of today. That’s why we work with cities, towns, and other stakeholders all over the Midwest that share our vision with us as we build better communities—together.
Part of a team…
One thing that sets CEAP apart is that we don’t stand alone. CEAP is one of seven business units, all operating under the Cohen-Esrey umbrella, that work together to create and protect affordable housing:
Cohen-Esrey Affordable Partners, LLC takes the development lead on projects that fit our vision and mission, Construction Technologies, LLC serves as the general contractor or construction manager for our projects, Service Technologies, LLC works in a subcontracting roll and provides ongoing service and maintenance support to our growing portfolio of properties, PrimePoint Partners, LLC aggregates the buying power of our managed properties to control costs associated with the purchase of a wide range of key building components, Cohen-Esrey Capital Partners, LLC makes a market in various state and federal tax credits that are key to raising the equity required to develop new projects, Cohen-Esrey Communities, LLC is an experienced manager of conventional market-rate apartments as well as Section 42 tax credit and HUD-financed communities, and Cohen-Esrey Apartment Investors, LLC serves as the acquisition lead for properties that fit a multitude of strategic initiatives.
1
This vertically integrated, multi-faceted approach allows us to take on complex challenges others simply can’t tackle.
Services
New Construction
Extensive experience leads to unmatched expertise. CEAP has logged years of experience in new construction, making us true experts in our field. Throughout the Midwest, CEAP has constructed numerous projects, often partnering with our sister companies, Construction Technologies, LLC, and Service Technologies, LLC, to provide turnkey services. We are specifically focused on providing workforce housing utilizing various federal, state and local programs for debt and equity.
Historic Acquisitions and Development
CEAP actively acquires historic properties that can be converted to workforce, senior, and/or special needs housing in towns throughout the Midwest. In many instances, we’ll utilize federal and state historic tax credits as well as Section 42 tax credits.
These projects are complex from a design, construction, and tax credit structuring standpoint but we’ve developed the expertise to get them done through the successful delivery of a number of them in several states. The key to our success in this area has been our vertical integration. With the wide range of expertise found inside our organization, there is virtually no facet of an historic restoration LIHTC tax credit project we can’t address, no challenge we haven’t seen before, and no problem we can’t solve.
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We are currently working on, and seeking new opportunities for, these kinds of projects in the following states:
Iowa Nebraska Illinois North Carolina Indiana Oklahoma Kansas Tennessee Kentucky Texas Minnesota Wisconsin
Acquisition – Existing Properties
Many communities have existing affordable housing projects that are in dire need of rejuvenation. Part of building a better community is making sure the existing housing stock is well managed, well maintained, and well capitalized. To support communities in this regard, CEAP acquires existing tax credit properties of all sizes that are nearing or have reached the end of the initial tax credit period. Our professionals then redevelop and recapitalize these properties utilizing Section 42 tax credits.
In addition, we develop and capitalize other existing properties of 100 units or more. These properties may be either conventional or HUD apartments, or buildings that can be converted to affordable housing, using Section 42 tax credits or 501(c)3 bond financing in partnership with a nonprofit. This is another area where our vertical integration adds value to the projects we work on. With construction, management, and tax credit expertise all in one group we are able to effectively and timely provide quality, attractive, affordable housing that residents are proud to call home.
Replacement General Partner Interests
Since its inception, CEAP has been installed as the replacement general partner on 33 properties totaling 2,999 units. The principals of our firm are adept at determining the value of a general partner interest. Experts skilled in the field, they creatively structure a satisfying transaction for both the existing general partner and the limited partners.
We are currently seeking these kinds of opportunities in the following states:
Alabama Kentucky Ohio Arkansas Louisiana Oklahoma Colorado Michigan Pennsylvania Georgia Minnesota South Carolina Illinois Mississippi South Dakota Indiana Missouri Tennessee Iowa Nebraska Texas Kansas New York Wisconsin
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Successes
Completed the first for-profit Section 236 decoupling in the nation. Structured a number of projects utilizing tax exempt bond financing, Federal Home Loan bank loans, HOME loans, state and federal affordable housing tax credits, state and federal historic tax credits, among others. Redeveloped numerous historic structures into senior housing including a hospital, former schools, hotels and mercantile buildings. Constructed single-story senior housing and two-story family apartments. Served as replacement general partner in a number of tax credit properties where investors sought new strategies.
Financial Partners
With our affiliate Cohen-Esrey Capital Partners, LLC, we have worked with a number of investors and federal syndicators including:
Aegon Heartland Properties Alliant Capital IDACORP American Express KeyCorp Bank of America MMA Financial Boston Capital R4 Capital Centerline Properties (Related Raymond James Financial Capital/CharterMac) RBC Apollo Citi Bank Richman Group Edison Capital Sempra Energy ESIC US Bank FNMA USAA GE Capital Zurich
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Leadership Team/Key Principals
R. Lee Harris, CRE, CPM - Managing Member
R. Lee Harris is the managing member of CEAP and is also president and CEO of Cohen-Esrey Real Estate Services, LLC (CERES).
Harris is a 1975 graduate of Kansas State University, where he earned a bachelor’s of science degree in economics. Upon graduation he joined CERES where he now serves as president and CEO. He is a Certified Property Manager through the Institute of Real Estate Management and CRE designated by the Counselors of Real Estate. Harris has been personally involved in the management of more than 53,000 multi-family units and 25 million square feet of office building, industrial and shopping center space throughout the country. He has worked with real estate investment trusts, insurance companies, pension funds, banks, savings and loans, developers, government agencies, and corporate and individual investors.
In 1979 Harris became a member of the Institute of Real Estate Management’s Academy of Authors by publishing numerous articles regarding the commercial real estate industry. He has written a wide range of articles for The Journal of Property Management, Affordable Housing Finance Magazine, Apartment Finance Today, Scotsmen Guide, Real Estate Issues, and a number of other publications. He was the 1986 president of the Kansas City IREM Chapter and was the Chapter’s 1988 recipient of the Certified Property Manager of the Year award. Harris was chairman of the Kansas State University Foundation Executive Committee from 2008 to 2010 and is currently the chairman of the Kansas State University Foundation Board of Trustees. He also serves on the board of directors for the Heartland Apartment Association.
Robert E. Esrey, CRE, CPM - Member
Robert E. Esrey is a member of CEAP and is the chairman of Cohen- Esrey Real Estate Services, LLC.
Esrey is a graduate of Denison University and began his career in commercial real estate in 1964. He has managed more than 60,000 multi-family units and 27 million square feet of commercial space in nearly 200 markets across the United States. As a Certified Property Manager (CPM) and Counselor of Real Estate (CRE), Esrey has taken an active role in leasing, brokerage, syndication, consulting and, most notably, property management.
Esrey has given countless hours serving professional associations locally, regionally and nationwide. These positions include: past president of the Kansas City IREM Chapter, former president of the National Apartment
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Association, former president of the Missouri Association of Realtors and president of the Metropolitan Kansas City Board of Realtors. Respected for his integrity and dedication, Esrey has received the Property Manager of the Year Award for the IREM chapter, and Realtor of the Year from the Missouri Association of Realtors. In addition, he is a member of several area boards.
Tom Anderson, Managing Director
Tom Anderson serves as Managing Director of CEAP. In his role, Tom is responsible for strategic planning and execution of all CEAP business lines as well as day-to-day management of a growing team of Development Partners. Previously he served as Director of State Tax Credits with Cohen-Esrey Capital Partners, LLC (CECP). Prior to his tenure at Cohen-Esrey, Tom was Senior Vice President for Q10|Triad Capital Advisors, a Midwest regional commercial mortgage banking company, where he ran all loan production activities for the Kansas City office. Tom’s background also includes multi-family and commercial property management, leasing, investment sales, asset management, development, and project management. In total, Tom brings over 25-years of experience in the commercial real estate industry to his position with CEAP with emphasis on institutional-quality real estate and building high-performing teams. Tom is a graduate of Florida State University with degrees in Finance and Real Estate.
Jon Atlas, Development Manager
Jon Atlas joined Cohen-Esrey in 2015 as a development manager with Cohen-Esrey Affordable Partners. In this role, he conducts site analyses, creates financial models, assembles development teams, attracts financing, and executes the application process for Low- Income Housing Tax Credit projects throughout Cohen-Esrey’s footprint states. Jon has many years of housing, tax credit, and policy experience. Prior to joining Cohen-Esrey, Jon was a vice president at JP Morgan in Chicago, where he underwrote and closed more than 40 LIHTC transactions across the country, totaling $500 million in equity. He previously worked for National Equity Fund as an associate fund manager, raising LIHTC equity from institutional tax credit investors. In addition, Jon served as a legislative assistant for two members of Congress in Washington, D.C., advising them on a variety of topics including housing, economic development, taxes, and public safety. Jon graduated from Duke University, where he received a degree in public policy. He also has a master in business administration from the University of Chicago with concentrations in finance, economics, and entrepreneurship.
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Tim Quigley, CPA, CCIM, Development Director
Tim Quigley is a Development Director for CEAP. He joined the Cohen-Esrey team in 1998 as an office leasing agent. He gained expertise for handling property dispositions in the Kansas City Metropolitan area for several national companies. Leveraging his brokerage experience, Quigley then entered the public-private partnership arena of affordable housing. He now specializes in the development of housing in small towns and rural communities in Kansas and Nebraska utilizing Section 42 Low Income Housing Tax Credits. His responsibilities include identifying development opportunities for affordable housing, managing the development process from the acquisition of ground to the new construction of rental housing property and finally to the stabilized lease-up of the property. He also manages the preservation and rehabilitation of historic structures into rental apartments, and assembles the financial structure of developments including the application of housing and historic tax credits as equity sources. Quigley is a Certified Public Accountant and Certified Commercial Investment Member (CCIM) through the CCIM Institute.
Brian Sweeney, Development Director
Brian Sweeney serves as Development Director for Cohen-Esrey Affordable Partners serving Minnesota, Iowa, and Wisconsin. Brian previously was Director of Planning and Economic Development for the City of St. Paul as well as Executive Director of the St. Paul Housing and Redevelopment Authority (HRA) where he was a key development player for downtown, riverfront, and community development projects. He oversaw the city’s allocation of the Section 42 Low Income Housing Tax Credits (LIHTC), federal and state historic tax credits allocations, and helped launch numerous mixed-use, mixed-income development projects in St. Paul. Brian was also President of Frauenshuh-Sweeney, Minneapolis, an urban multi-family housing developer that specialized in working closely with Twin Cities communities, assisting in helping turn around troubled city-owned properties. Over the years, Brian was also a consultant on a broad range of downtown, neighborhood, and performing arts developments. Clients included the National Trust for Historic Preservation, the National Main Street Center, Hmong Village (St. Paul, MN), and the T.B. Sheldon Auditorium (Red Wing, MN). He has also been a facilities consultant for numerous charter schools in Minnesota. Earlier in his career, Brian worked in the Office of the Secretary of Interior, Washington, DC, where he helped oversee the National Register of Historic Places Initiative. Brian, who lives in Stillwater, MN, is an Urban Studies major from the George Washington University, Washington, DC, and took several real estate courses from the legendary James Grasskamp at the University of Wisconsin- Madison.
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Experience
In total, CEAP has developed 43 affordable residential rental development projects adding 2,282 affordable housing units to their respective communities—including four properties currently under construction totaling 355 units. Eleven of these projects have been developed or started since 2010. These projects are located in Missouri, Kansas, Iowa, Illinois, North Carolina and Oklahoma. The total development cost for these eleven projects alone exceeds $73 million. Nine of the recent eleven projects involved renovating historic structures, with the remainder being new construction and acquisition/rehab. CEAP projects have been developed for both senior and workforce populations and are targeted toward very low-income and low-income residents as well as those utilizing HUD-housing vouchers.
A variety of methods were used to finance CEAP’s affordable residential rental developments. These sources include Federal and State LIHTCs, Federal and State Historic Tax Credits, Federal Home Loan grants, HOME funds, HOPE IV grants, AHAP tax credits, HUD loans, tax-exempt bond debt and developer equity. CEAP has successfully competed for and been awarded tax credit allocations from the state housing authorities of the states listed above. These tax credit awards have been converted to equity by CEAP and its affiliate, Cohen-Esrey Capital Partners, LLC by working with a number of investors and federal syndicators including Alliant Capital, Apollo Equity Partners, Boston Capital, CharterMac (Related Capital), Edison Capital, ESIC, GE Capital, Heartland Properties, IDACORP, KeyCorp, MMA Financial, Raymond James Financial, Richman Group, Sempra Energy, US Bank and Zurich. Currently, equity for tax credit investments is placed through the Heartland Affordable Housing Fund which is sponsored by CECP. In addition, CEAP has successfully worked with numerous attorneys, accountants, lenders, architects, engineers, contractors, municipal industrial development authorities and property managers to complete these development projects.
CEAP has partnered with several community development corporations and other non-profit community-based groups to develop these projects. These organizations include Northland Neighborhoods, Inc., St. James Baptist Church, Paseo Baptist Church, Housing Resources of the Midwest, Victorious Life Church, East Central Kansas Economic Opportunity Corporation, Missouri Valley Community Action Agency, Dismas House, Lafayette House and PreservingUS. CEAP’s on-going coordination with PreservingUS offers access to supportive services for CEAP’s affordable housing residents.
The following portfolio list and photos reflect CEAP’s vast experience in affordable residential rental developments and acquisitions.
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Cohen-Esrey Affordable Partners Current & Historical Property Portfolio
Property # Units City, State Developed Replaced Subsidy Type Year Currently Build Type GP Owned Art Loft 63 St. Louis, MO X S42 1997 x Historic Boston Store 125 Erie, PA X S42 1997 x Historic Dodge City-Sundance 97 Dodge City, KS X S42 1997 x New Pheasant Point 97 Independence, KS X S42 1997 x New Hays-Sundance 40 Hays, KS X S42 1998 New Prospector's Point 32 De Soto, KS X S42 1998 New Atlantic-Sundance 32 Atlantic, IA X S42 1999 x New Boone-Sundance 40 Boone, IA X S42 1999 New Cape Girardeau- Sundance 48 Cape Girardeau. MO X S42 1999 New Lebanon-Sundance 40 Lebanon, MO X S42 1999 New Marshalltown-Sundance 32 Marshalltown, IA X S42 1999 New Newton-Sundance 40 Newton, IA X S42 1999 New Overland Park- Sundance 80 Overland Park, KS X S42 1999 Acqu/Rehab Paola-Sundance I 40 Paola, KS X S42 1999 New Applewood 48 Paola, KS X S42 2000 Acqu/Rehab Country Club 101 Topeka, KS X S42 2000 Acqu/Rehab Country Club Estates 48 Osceola, IA X S42 2000 x Acqu/Rehab Hays-Sundance - Phase II 16 Hays, KS X S42 2000 New Madison Heights 24 Knoxville, IA X S42 2000 x New Pheasant Run 36 Postville, IA X S42 2000 x New Quail Run 30 Perry, IA X S42 2000 x New Walnut Grove 184 Kansas City, MO X S42 2000 x Acqu/Rehab Woodland Heights 54 Newton, IA X S42 2000 x New Bluejacket 53 Shawnee, KS X HUD 2001 New Eastwood 30 Wellington, KS X HUD 2001 x New Maple Avenue 64 Independence, MO X S42 2001 x Historic Plaza West 100 Topeka, KS X HUD 2001 New The Landings 50 Centerville, IA X S42 2001 New Brentwood Manor 120 Kansas City, MO X S42 2002 x Acqu/Rehab Dodge City-Sundance Ph. II 48 Dodge City, KS X S42 2002 x New Sedgwick-Sundance 24 Sedgwick, KS X S42 2002 x New Old Orchard Estates 144 Carbon Cliff, IL X S42 2003 x New Paola-Sundance II 40 Paola, KS X S42 2003 New Stonebridge 384 Columbus, OH X S42 2003 Acqu/Rehab Sycamore Estates 72 Muscatine, IA X S42 2003 x New Aspen Bluff 160 Peoria, IL X S42 2004 New Block 2 145 Little Rock, AR X S42 2004 Historic Northwoods 101 Kansas City, MO X S42 2004 x Acqu/Rehab Rolling Meadows 54 Waverly, IA X S42 2004 x New Alexandria 55 Kansas City, MO X S42 2006 x Historic Chaumiere Place 35 Kansas City, MO X S42 2006 x Acqu/Rehab Cheney-Sundance 24 Cheney, KS X S42 2006 x New Grant School 27 St. Louis, MO X S42 2006 x Historic Residences of West Paseo 46 Kansas City, MO X S42 2006 x Historic Tonganoxie-Sundance 24 Tonganoxie, KS X S42 2006 x New Pine Manor 30 Ottawa, KS X HUD 2007 New Mission Woods 36 Ottawa, KS X HUD 2008 New Lawndale Heights 123 Kansas City, MO X S8/S42 2009 x New Sherri Estates (Deer Creek) 72 Marshall, MO X S8/S42 2009 New Springview Gardens 80 Joplin, MO X S8/S42 2010 x New Hampden Hall 76 St. Louis, MO X S42 2011 New Hampton Place 150 Louisville, KY X S42 2011 New Maple Senior Residences 10 Hiawatha, KS X S42 2011 x Historic Woodson Historic Residences 9 Yates Center, KS X S42 2011 x Historic 8th and Main Historic Residences 18 Independence, KS X S42 2011 x Historic Gold Dust Historic Residences 9 Fredonia, KS X S42 2011 x Historic Broadway Place 56 South Roxana, IL X S42 2012 x New Brookshire Estates 48 Jerseyville, IL X S42 2012 New Capitol Pointe 42 Vandalia, IL X S42 2012 New Century Estates 60 Harrisburg, IL X S42 2012 New Highlands South 62 Waukesha, WI X S42 2012 New Idlewild Creek 214 Cornwall, NY X S42 2012 New Justin Place 100 Kansas City, MO X S42 2012 x Historic Kingsbury Campus 42 Greenville, IL X S42 2012 New Mills Crossing 42 Salem, IL X S42 2012 x New Willow Point 32 Concordia, MO X S42 2012 New Windham Terrace 48 Wood River, IL X S42 2012 New Woods at Blairville 168 Lewiston, NY X S42 2012 New Astoria Park 164 Amarillo, TX X S42 2013 x Acqu/Rehab Clay Hall Historic Residences 30 Enid. OK X S42 2013 x Historic Marshalltown Senior Residences 28 Marshalltown, IA X S42 2014 x Historic St. Thomas Historic Residences 30 Colby, KS X S42 2014 x Historic MacArthur Park/The Boulevard 184 Springfield, IL X S42 2015 x Acqu/Rehab Oneida Mill Loft Apartments 134 Graham, NC X S42 2015 x Historic Tonganoxie-Sundance Phase II 16 Tonganoxie, KS X S42 2016 x New Grant Historic Residences 21 Goodland, KS X S42 2016 x Historic
Green=Under Construction
Total Properties 76 Properties as Developer: 43 33 Properties as Replacement GP Total Units 5,281 Units Developed: 2,282 2999 Units as Replacement GP Developed Last 5 Years: Took Over as GP Last 5 Years Currently Owned Properties 43 Properties as Developer: 11 15 Properties as Replacement GP Currently Owned Units 2,421 Units Developed: 489 1304 Units as Replacement GP
Sample Projects
Residences at West Paseo – 2625 West Paseo Boulevard, Kansas City, MO
Constructed in 1914 as the Christian Church Hospital, the building served a variety of medical functions throughout the 20th century until 1973 when it was left vacant. In an effort to revitalize Beacon Hill and the Paseo, two churches, St. James and Paseo Baptist, determined that rehabilitation of this prominent structure would be a catalyst for revitalization of the neighborhood. CEAP worked with these neighborhood institutions to redevelop the former hospital into 46 units for low-income seniors, completed in 2006. The project combined Federal and State LIHTCs as well as Federal and State historic tax credits. Residences of Paseo West fulfilled the neighborhood’s catalyst goal, representing one of the first redevelopment projects in the now actively revitalizing Beacon Hill area.
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Alexandria Apartments – 1326-28 Armour Boulevard, Kansas City, MO
Alexandria Apartments was originally constructed in 1924 and converted into a HUD-financed property in 1972. In 2006 CEAP worked in partnership with Sparrow CDC and Victorious Life Church to rehabilitate the severely outdated historic building. All 55 units are covered by a Project-Based Section 8 Contract providing quality, safe housing for families earning less than 50% of area median income. In addition to the Section 8 contract, the project utilized a variety of funding sources including Federal and State LIHTCs, Federal and State historic tax credits, a Federal Home Loan Bank loan, and HOME funds. The rehabilitation of Alexandria Apartments has helped revitalize and stabilize the eastern portion of Armour Boulevard, preserving affordable housing amidst significant market rate redevelopment along the western areas of the boulevard.
Clay Hall Historic Residences – 311 – 325 Lakeview Drive, Enid, Oklahoma
Clay Hall is a Spanish colonial style college residence hall constructed in the 1946. CEAP acquired the property from Northern Oklahoma College, renovating the historic building into 30 units for low-income senior residents. The project was completed in summer 2013, utilizing Federal LIHTCs and Federal and State historic tax credits. PreservingUS nonprofit serves as the general partner providing resident services. The project was so well-received within the community that all 30 units were leased and fully occupied within 72 hours of the receipt of certificate of occupancy.
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Other Sample Projects
The Artloft Apartments Chaumiere Place Apartments
Gold Dust Senior 8th and Main Senior Residences Residences
Woodson Senior Residences
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Tonganoxie-Sundance Apartments
Grant School Apartments
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Jasper County, IA
City of Newton Parking Lot 205 West 4th Street North Overview
Legend Parcels Corporate Limits Political Townships Roads
127 ft
Jasper County Data Disclaimer Please Read Carefully This Jasper County Geographical Information System product contains information from publicly available sources that are subject to constant change. Jasper County makes no warranties or guarantees, either expressed or implied, as to the completeness, accuracy, or correctness of this product, nor accepts any liability arising from any incorrect, incomplete or misleading information contained therein. The information presented in this product does not replace or modify land surveys, deeds, and/or other legal instruments defining land ownership and use. All drawing components (lines, curves, points, etc.) are created as a representation and should not be construed as actual.
Date created: 9/2/2016 Last Data Uploaded: 3/11/2010 12:31:24 AM Developed by The Schneider Corporation PRELIMINARY DEVELOPMENT AGREEMENT
This Preliminary Development Agreement (hereinafter “Agreement”) for the development of a 38-unit workforce housing complex is made on or as of the ______day of ______2016, by and between the City of Newton, Iowa (hereinafter “City”), and Cohen-Esrey Affordable Partners, LLC (hereinafter “Developer”), of 6800 W. 64th St., Overland Park, KS 66202, 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. DEVELOPMENT PROJECT: The Project consists of a four-story apartment building, with a minimum of 38 units. The building shall be located at 205 West 4th Street North in the City of Newton, Jasper County, Iowa, on parcel numbers 0833227016, 0834107002, and 0834107003. The development project is contingent on the receipt of housing tax credits from the Iowa Finance Authority in 2017.
SECTION 2. COMMITMENTS OF THE DEVELOPER: The Developer shall: A. Pay the City of Newton $225,000 for the purchase of the Development Site. B. Complete the construction of the Development Project by December 31, 2018, consistent with the attached image and site plan. C. Guarantee that construction costs are a minimum of three million five hundred thousand dollars and that total project costs are a minimum of five million five hundred thousand dollars. D. Not be delinquent in payment of all real estate taxes when due. E. Accommodate any City easements necessary to relay telecommunications signals over or through the development property.
SECTION 3. COMMITMENTS OF THE CITY: The City shall: A. Provide a deed to the subject property, upon completion of all necessary public processes and upon receipt of the purchase price. B. Provide a real estate tax rebate of a maximum of $20,000 for each of fifteen years. The first $20,000 of real estate taxes collected by the North Central Urban Renewal Area Tax Increment Finance District from the Development Project property shall be rebated each year, starting in City Fiscal Year 2020-2021.
SECTION 4. EXPIRATION: Unless extended by mutual agreement of both parties, this Agreement automatically expires on June 30, 2017, if a formal Final Development Agreement has not been approved by the Developer and the Newton City Council by the end of that date. The terms of the Final Development Agreement shall be generally consistent with this Agreement and the City’s standard Development Agreement form.
SECTION 5. 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 6. CITY COUNCIL APPROVAL. This Agreement is subject to the approval of the Newton City Council as required by the laws of the State of Iowa.
Preliminary Development Agreement Page 2
IN WITNESS WHEREOF, the City has caused this Agreement to be duly executed in its name and behalf by its Mayor and its seal to be hereunto duly affixed and attested by its City Clerk, and the Developer has caused this Agreement to be duly executed in its name, and if a corporation on its behalf its President and its corporate seal (if any) to be hereunto duly affixed and attested by its Secretary, on or as of the day first above written.
(SEAL) CITY OF NEWTON, IOWA
By: Michael L. Hansen, Mayor
ATTEST: Katrina Davis, City Clerk
BUYER:
By: Cohen-Esrey Affordable Partners, LLC
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Memorandum
TO: Robert Knabel, City Administrator FROM: Keith A. Laube, Public Works Director DATE: September 13, 2016 RE: Proposed Snow Removal Policy Changes
In the past we often waited until the snowfall had stopped and plowed residential streets between 10 pm and 7 am when the snow hotline was activated and street parking was prohibited. After a post storm meeting in the winter of 2012/2013, a plan was formed to enable crews to plow around the clock, as needed during snow removal operations. The goal was to provide a higher level of service so residents would be able to get to and from work during a large snowfall event. We have steadily improved our operations to meet the goals of the plan. This has been accomplished by upgrading and upsizing the snow removal equipment. We now have plow trucks equipped with larger front plows, underbody scrapers, side mounted wing plows, sanders and pre-wet systems. These trucks allow one operator to accomplish nearly the same amount in one pass that previously took two or more operators. This enables staff to be split into 2-12 hour shifts to provide around the clock plowing operations. The current parking restriction prohibits vehicles from parking on streets, except the downtown district, from 10 pm to 7 am during a snow event. Residential on-street parking during the day prevents crews from effectively clearing the street where vehicles are parked. This snow becomes packed on the street and is treacherous to motorists and damaging to snow plows during future snowfalls. City staff has studied the snow removal operations of other central Iowa cities. Street parking in other cities during a snowfall event vary, but in general are more restrictive than the current City of Newton’s street parking policy. The Newton Snow Policy states that crews will start plowing streets when there is 2 inches of accumulation. We are proposing a new parking ordinance that prohibits vehicles from parking on the street at 2 inches of accumulation, except in the downtown district. We propose that the parking restriction be lifted once it stops snowing and the street has been plowed full width. New signage would be installed along streets at city limits. The signs would give notice to citizens and visitors that on street parking, outside of the downtown district, is prohibited at 2 inches of snowfall accumulation. The Snow Line (791-SNOW) would be activated at 2 inches of accumulation, as measured at the Public Works building. The Snow Line would allow people to call if they were unsure of the amount of accumulation. The Snow Line would also serve as an official notice to the Police Department that vehicles are to be off the street until the street has been plowed full width. This parking restriction would not apply to the Downtown Snow Removal District. The streets in the Downtown Snow Removal District have their own parking restriction when Downtown Snow Hauling operations are declared, typically the night(s) after a snowfall event. The Downtown Snow Removal District hotline number is 792-0411. The City owned parking lots in the downtown are open to free public parking. We prefer to have vehicles parked in City parking lots rather than on the streets during a snow event. We believe restricting street parking at 2 inches of accumulated snowfall is the least restrictive and most effective way to have parked vehicles off the street so the snow removal crews can effectively, efficiently and safely remove the snow from the streets. Lifting the parking restriction once the snow has stopped and the street has been plowed full width is reasonable and accommodating for citizens. 2016 Financial Trends Report
Prepared by: Natalie Umsted, Senior Analyst Lisa Frasier, Financial Assistant Purpose of this report
The City of Newton strives to be accessible and accountable to the public it serves. This financial analysis is designed to help City officials make sense of the many factors that affect financial conditions and develop quantifiable indicators that can be tracked over time. Tracking these variables will allow the City to have a better understanding of its overall financial condition, which will allow the City to better serve the public and plan for the City’s future. The basic questions that all City officials must consider regarding its financial position are as follows: • Can the City continue to pay for what it is now doing? • Are there reserves or other vehicles for financing emergencies? • Is there enough financial flexibility to allow adjustments for change? • Is the City adequately investing in and preparing for its future? If a government can meet these challenges, it is in a sound financial condition. If it cannot, it is probably experiencing or can anticipate problems.
Terminology
Financial Condition: In this report, the financial condition encompasses two types of solvency. • Budgetary Solvency: A government’s ability to generate enough revenue over its normal budgetary cycle in order to meet its expenditures and not incur deficits. • Service Level Solvency: The government’s ability to provide services at the level and quality that are required for the health, safety, and welfare of the community and at its citizens’ desires. Trend Status: Each indicator has been given a “trend status” based on the data collected. The trend status represents the prevailing tendency the trend is showing. The trends are broken into three categories: • Warning: A warning trend represents a trend that has been unfavorable for the City’s financial condition for two or more years in a row. These trends are called “warning” trends because they serve as a warning to the City, if the warning trends do not reverse or stabilize, the City’s financial condition is at risk. • Informational: An informational trend is a trend which does not show a warning or positive trend. • Positive: A positive trend represents a trend that has been favorable for the City’s financial condition for multiple years. These trends show a good outlook for the City’s current financial condition and for the coming future. Constant Dollars: A metric for valuing the price of something over time, without that metric changing due to inflation or deflation. Using Constant Dollars allows the City to compare different years while controlling for inflation. The Bureau of Labor Statistics publishes the annual Consumer Price Index (CPI) which is used to figure constant dollars.
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Informational Trend • Newton’s population has been steady since 1960. • The #1 goal of the Comprehensive Plan is to “Grow Newton’s Population, specifically targeting young families.”
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This indicator looks at the City’s population from 2008 through 2015. While the exact relationship between population changes and the City’s economic position may not always be the same from city to city, demographic changes have an impact on City finances.
The chart illustrates a slight population decline within the City of Newton from 2008 to 2015. When comparing Newton to Jasper County as a whole over the same time period, Jasper County exhibits a slight population increase. Both Jasper County and Newton have had a stable population rate since the 1960s, with population increases or decreases only wavering by a few hundred people for the past fifty years.
Although a decline in population may appear to relieve expenditures, a local government faced with population decline is rarely able to make reductions in expenditures that are proportional to the population loss. This is because many costs, such as debt service, pensions, and government mandates are fixed and cannot be reduced in the short run. Also, if out-migration is composed of middle-and upper-income households, then those remaining in the community are likely to be the poor and aged, who depend the most on government services.
Looking ahead
Growing Newton’s population is a priority for citizens. The number one goal of Newton’s Future: A Comprehensive Plan is, “Grow Newton’s population, specifically targeting young families.”
Over the past several years, the City has aggressively pursued new housing starts to provide greater options for families and individuals considering living in Newton. This has resulted in an increase in residential construction in several subdivisions that had been dormant.
A challenge that has recently been identified by area employers is that new employees struggle to find affordable housing in Newton. Many of the Newton apartment complexes have wait lists, making it difficult for new employees to move into the community. This creates a challenge for attracting and retaining employees. The Newton Development Corporation recently completed a set of surveys (one to area employees and one to area landlords) to investigate Newton’s current housing needs.
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• •Informational Trend • The #1 goal of the Comprehensive Plan is to “Grow Newton’s Population, specifically tar- geting young families.” • Newton, similar to statewide and national trends, has an aging workforce.
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Taking a closer look at who comprises Newton’s population allows the City to see what areas of the population are growing or shrinking. From a financial standpoint, this indicator helps to measure the level of current and future needs of the community.
One way to take a closer look at who comprises Newton’s population is to explore the demographics of those who work in Newton.
The worker demographics that are growing in Newton include those ages 19-24, 25-34, 55-64, and 65-99, with the fastest growing demographic in Newton’s workforce being workers ages 25-34. This population has grown by nearly 300 since 2008, and now accounts for over 20% of Newton’s workforce. The worker demographics that have been decreasing in Newton include workers age 14-18, 35-44, and 45-54.
A large part of the reason that Newton’s workforce is seeing growth in the number of younger (ages 19-34) and older (ages 55+) workers, is simply because the Millennial and Baby Boomer generations are larger than Generation X. In 2015 in the United States, the projected population of Generation X was approximately 66 million, compared to approximately 75 million Millennials and 75 million Baby Boomers.
Looking ahead
Changes in population may require different and perhaps additional services. Young families may require updated playground facilities, day cares, or schools. The City may need to add additional recreation or library programs. Currently, workers commute to Newton from over 70 different cities. If the City hopes to attract these workers to become residents, Newton may need to examine quality of life amenities that would encourage people to choose to live where they work.
Additionally, Newton employers may need to begin to prepare for accommodating an older workforce. According to a Pew Research Center study, the percent of Americans aged 65 to 74 who participate in the workforce is expected to reach 31.9% by 2022. This is for a variety of reasons, including increased health in older citizens, economic conditions, and reductions in benefits.
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Positive Trend • Measuring household income provides the City with information on how much money residents have to spend in the community.
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Income is an important variable to measure because it gives an indication of how much money residents will be able to spend in the community. If household income is going down, for example, sales tax is also likely to decline. A decline in median household income can cause a drop in consumer purchasing power. If the trend is seen early it can provide advance notice that business, especially in the retail sector, will suffer a decline that can ripple through the rest of the local economy.
In the years examined, Newton has experienced a steady increase in household income. This is a positive sign for the community. However, Newton also had a lower median household income than Jasper County as a whole. In 2014, the Jasper County median household income was $52,430.
Looking ahead
In the past year, raising the minimum wage has become an issue several counties and cities have begun to explore. In September 2014, the Johnson County Board of Supervisors unanimously passed an Ordinance establishing a Johnson County Minimum Wage, which will progress to $10.10 on January 1, 2017. Currently, neighboring Polk County is considering a proposal to establish a county minimum wage of $8.75 per hour. Even without direct action by the Jasper County Board of Supervisors or Newton City Council, if Polk County increases the minimum wage, Newton and Jasper County employers may be forced to offer more competitive salaries to recruit and retain employees. The median wage in Newton is currently $17.87 an hour, over $10 above the state’s minimum wage requirement of $7.25.
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Changes in property value are important to track because local governments depend on property taxes for a substantial portion of revenue. If property assessments dip, the government feels the effects in the budget. Property value is also a useful sign for the health of the local economy.
The chart on the previous page shows taxable valuations in constant dollars as of January 1 of the indicated year. This displays an increase in property value from 2008 to 2011, followed by decreases from 2011 through 2015. The decreasing property value is a warning trend for the City of Newton. If the declining trend in property value does not reverse or stabilize, the City’s financial condition is at risk.
The decline in property value between 2012 and 2014 can be partially attributed to the commercial and industrial property tax reduction. In 2013, commercial and industrial taxable valuations were reduced by 5%, and in 2014, they were reduced by an additional 5%. On top of these reductions in valuation, in 2015, Jasper County received an equalization order which adjusted Jasper County commercial and industrial taxable valuation down 7%.
Looking ahead
As a part of the state’s commercial and industrial property tax reduction program, the state is providing replacement funding to cities for the amount of property taxes lost in FY2015 and FY2016. However, beyond FY2016, the amount of the state’s replacement funding will be set at the dollar amount equal to 10% of total commercial and industrial valuations in FY2016. This will result in less revenue in coming years, as the funding from the state will not match inflation rates nor account for future growth or investment in the community.
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Informational Trend • The home ownership rate increased in Newton from 2012-2014. • The home ownership rate in Newton is lower than the State of Iowa and Jasper County home ownership rates.
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Measuring owner-occupied housing helps to identify the affordability of housing and the financial capacity of the population to acquire housing.
Data from the American Community Survey showed a warning trend from 2010 through 2012, but that trend appears to have started to reverse, with an increasing rate of home ownership between 2012 and 2014.
Looking ahead
JEDCO is currently working together with Jasper County Hometown Pride to develop a housing market study for Jasper County, including Newton. There has been significant housing development in the suburbs and exurbs surrounding the Des Moines urban core, but little of that development has occurred in Jasper County. This study will be designed to help Jasper County municipalities better position and prepare themselves for residential growth.
One of the challenges in boosting residential development is ensuring that the correct type of residential homes are being built. The CHAT Study identified several housing needs in Newton, including duplexes, apartments, and single family homes. Moving forward, the City of Newton should continue to work together with the NHDC and other partner agencies to ensure that new development meets the needs of the Newton community.
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Positive Trend • In 2006-2011, Jasper County’s unemployment rate was significantly higher than the rest of Iowa. In recent years the unemployment rate has stabilized at about 4% unemployment.
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Changes in unemployment impact personal income, and are consequently a measure of, and an influence on, the community’s ability to support its business sector. Increasing unemployment is a sign of a weak economy.
For this indicator, there was no data available specifically for Newton, so Jasper County data was used. The effects of the recession and the loss of Maytag are clearly seen in the unemployment rate, with unemployment climbing from 2006 through 2010, before beginning to decline again as the community began to recover.
Since 2010, Jasper County has recovered dramatically, and unemployment is lower now than it was before Maytag’s departure. In 2015, for the first time since 2001, the Jasper County unemployment rate was lower than the unemployment rate in the state of Iowa.
Looking ahead
Economic development continues to be a high priority area for the City of Newton. Within “Newton’s Future: A Comprehensive Plan,” there is a chapter on economic development outlining the community’s goals for building, growing, and sustaining economic development.
City staff continue to work with community and State partners on programs such as the STEM Council and Skilled Iowa to facilitate new opportunities for the community. Additionally, several local employers are actively hiring, with more than 100 jobs currently available in the Newton community.
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Informational Trend • Newton has a high level of workforce inflow and outflow, with many people commuting in to Newton to work and many people commuting out of Newton to other cities.
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Workforce inflow and outflow is the measurement of people who commute into Newton to work and people who commute out to another city to work. Newton’s proximity to Des Moines naturally creates a fairly large population of individuals who either commute from or commute to somewhere else in the metro area.
As the chart on the previous page shows, 63% of people who work in Newton do not live in Newton. This high percentage is a concern because people who work here are choosing not to live here. The percentage of people living in Newton and commuting out of the community is also high, with nearly 59% of Newton workers commuting out of the community.
Looking ahead
Discussed through the entire demographics section of this report, the goal of growing the population of Newton is a strong focus for the community. People currently commuting into Newton already have investment in the community and should make for a natural population to appeal to for new residents. Completing some of the City’s current initiatives that work to increase Newton livability will hopefully encourage some of these commuters to become residents.
Additionally, growing the City’s population may also increase the amount of individuals commuting out of the community. Having a population of workers that are increasingly commuting creates new challenges for the City regarding sustainability and public transportation. This may mean additional expenditures for the City to create projects such as commuter lots or working with DART to expand services to Newton. Further yet, the City and business community may need to reflect on how to serve the 4,000 residents who commute out of Newton for work. Later hours of service, weekend services, and online services may be ways to reach this growing segment of Newton’s population.
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Informational Trend • Revenues per capita have remained stable over the past several years.
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Operating revenues are those revenues derived from the general and special revenue funds. Examining per capita revenue shows changes in revenues relative to changes in population size. If per capita revenues are declining, it may be a warning that the City may be unable to maintain existing service levels in the future.
After a decline in revenues per capital between 2008 and 2009, revenues stabilized in the subsequent years and from 2013 through 2016 there has been a steady incline in revenues per capita.
The following revenue streams are included in the operating revenues indicator: property tax, sales tax, hotel/motel tax, fees and user charges, sale of property and merchandise, fines, licenses and permits, use of money and property, intergovernmental funds, and miscellaneous revenues. TIF revenues and capital project revenues are not included.
Looking ahead
The City of Newton seeks to establish a stable and diverse revenue stream to fund municipal services. Currently, the City uses property taxes, hotel/motel tax, local option sales tax, intergovernmental revenues, grants, and fees for service. Funding that is available to city governments that the City of Newton does not currently use includes franchise fees, payment in lieu of taxes, and an emergency levy.
In 2015, the City issued a bond in order to support capital equipment and infrastructure needs. At that time, City Council discussed implementing a strategy of bonding every two years to help cover these types of needs. If the City Council continues on this schedule, the next bonding will take place in 2017.
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Positive Trend • Property tax revenue has increased every year since 2009.
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It is important to measure property tax revenue because the City relies substantially on property tax revenues for the yearly budget. Frequent or increasing declines in property tax revenue can provide a warning that the City may have to cut programs and services in the future if the trend does not reverse.
From FY2009 through FY2016, there has been an increase in property tax dollars. This shows a positive trend for the city.
Looking ahead
The taxable valuations in the previous chapter showed a warning trend. This is because taxable valuations declined in calendar years 2012 through 2015. The decline in valuations is partially due to a reassessment of property values and partially due to a 5% commercial and industrial property tax cut. The state is rebating a portion of the commercial and industrial tax cuts, but the commercial and industrial tax rebate program may lead to stagnant or declining property tax revenues in the future.
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Positive Trend • Both LOST tax and Hotel/Motel tax has increased each year since 2013.
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This indicator measures the City’s non-property tax revenue sources. Tax revenue should be reviewed separately from other revenues because most local governments rely heavily on them. Since taxes are a significant resource, the City needs to be attuned to any changes and understand the causes for the change.
From 2008 to 2016, the Hotel/Motel tax showed a steady positive trend. Local option sales tax shows a less positive trend, with revenues falling from 2011 through 2013. However, the trend from 2013 through 2016 shows positive growth.
Looking ahead
One of the goals of the City of Newton is to grow our local retail base. Use of the Buxton Report and Main Street Market Analysis is helpful, because it shows City staff where retail leakage is occurring. If used successfully, these reports should help the City to increase its sales tax revenue.
GetToKnowNewton.com instagram.com/GetToKnowNewton facebook.com/GetToKnowNewton 21 twitter.com/GetToKnowNewton Expenditures per capita Informational Trend • Increasing per capita expenditures can indicate that the cost of providing services is outstripping the community’s ability to pay.
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Examining per capita expenditures shows changes in expenditures relative to changes in population. Increasing per capita expenditures can indicate that the cost of providing services is outstripping the community’s ability to pay. Likewise, decreasing expenditures can indicate that the City is not investing adequately in the community.
The graph to the previous page depicts Newton’s expenditures per capita over the past nine years. There is not a strong positive or negative trend shown in the graph, however, between the years of 2013 and 2016, operating expenditures increased by over a million dollars. If the City continues to have increasing expenditures without substantial commercial or residential growth, this may become a warning trend for the City government.
Looking ahead
The City should continue to monitor expenditures per capita in the coming years. Should a warning trend emerge, expenditures should be evaluated accordingly.
A number of indicators in this report indicate that in the coming years, there may be a decrease in revenues due to changes in the collection of commercial and industrial property tax. However, in the current operation, there has not been the same expectation that there will be a reduction in expenditures. Council should consider the future outlook of anticipated revenues and anticipated expenditures and begin to consider what the City’s funding options may be.
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Informational Trend • Departmental expenditures have been steady for the past nine years.
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Operating expenditures by function shows a breakdown of what the City’s expenditures go toward. The categories used for this indicator are the same categories used in state financial reporting. These expenditures do not include captial expenses, only operations. Looking at individual department spending allows the government to identify where increases in expenditures are coming from.
From 2008 to 2016, expenditures by function have been fairly stable. The largest increase in expenditures in a single service area has been in Public Works from 2014 through 2016.
Looking ahead
The City should continue to monitor expenditures by function in the coming years. Should a warning trend emerge, expenditures should be evaluated accordingly.
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Warning Trend • Employee costs per capita have increased from 2014 to 2016.
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This indicator measures personnel costs (Salaries + Benefits) per capita. Personnel costs are a major portion of the City’s operating budget. An increase in employee costs per capita may indicate that the government is becoming more labor intensive, personnel productivity is declining, or the population is changing in a way that requires more services out of the local government.
Considering this indicator, the City cannot simply view increasing employee costs as an inherently negative trend. An investment in employees can also indicate a commitment by the government to target problems.
In 2015, the City of Newton increased its employee costs per capita. The major changes in the City impacting this increase is due to the Fire Department implementing a part time staffing program and increasing the number of employees on each shift. Additionally, the Department of Finance and Development added a new position to their department. Additional personnel changes impacting this indicator are: a low turn-over rate in 2015, annual steps/raises for employees, and a few additional minor staffing changes. Employee costs per capita increased again in 2016, but not as dramatically as the year prior. This increase was primarily due to a low turnover rate in 2016 and annual steps/ raises for employees.
Looking ahead
As the City works on growing its population, the services that are needed may also change. As discussed throughout the demographics chapter of this report, the City’s Comprehensive Plan highlights that one of the citizens’ goals for Newton is to attract more young families. Serving this population may lead to a need for new services and programs.
In the coming years, the City will need to prepare for retirements of several employees. The City should work to plan for succession so that key skills are not lost in this transition. This transition could also potentially lead to lower personnel costs per capita as tenured staff are replaced with new staff.
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Warning Trend • Employee benefit expenses have increased each year for the past three years.
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Benefits represent a significant share of operating costs. Employee benefits costs have risen each year since 2013. However, the growth between 2015 and 2016 was smaller than previous years, so this trend may be beginning to stabilize.
When comparing the cost of Newton’s employee benefits as a percent of salaries and wages, Newton benefit costs are significantly higher than the national average. As of March 2016, national average for public agencies was 36.6%, and Newton has been around 50% for the past several years.
Looking ahead
As the City seeks to curb these growing expenditures, it should consider action steps that can be taken to help control the growth of these expenditures, ideas include:
• Utilizing the wellness committee to a greater extent to encourage employee wellness and healthy lifestyles
• Negotiating benefit contributions separately from salary in negotiations with bargaining groups
• Continuing to encourage the use of Health Savings Account plans, which have a lower financial burden on the City
• Conducting an analysis of Employee Benefits costs. Typically, 20% of the workforce drives 80% of the claims. Researching ways to reduce the claims of the top spenders could lower costs.
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Informative Trend • There was an increasing deficit between the years 2012 and 2015, but in 2016, this warning trend appears to have corrected.
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Each year, a local government generates either an operating surplus or an operating deficit. An operating surplus develops when current revenues exceed current expenditures, an operating deficit when the reverse occurs. An operating surplus or deficit may be created intentionally, by a policy decision, or unintentionally, because of the difficulty of precisely predicting revenues and expenditures or trends in the underlying local and national economies. Deficits are usually funded from undesignated fund balances; surpluses are usually used to increase fund balances. This indicator is important to measure because a pattern of deficits can be one of the first signs of imbalance between revenues and expenditures.
An operating deficit in any one year may not be cause for concern, but frequent and increasing deficits can indicate that current revenues are not supporting current expenditures and that serious problems may lay ahead. The chart on the previous page shows that a trend of frequent and increasing deficits was beginning to present itself from 2011 through 2015. However, in 2016 the City had an operating surplus, breaking this developing trend.
Looking ahead
Between 2011 and 2015, there was a deficit instead of a surplus. If the City continues to have deficits (even small ones), it should re-evaluate its operating budget so that it does not come to rely on pulling from undesignated funds to cover operating expenditures.
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Informational Trend • The City’s Unreserved Fund Balance has remained at or above the set policy of 25%.
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Unreserved fund balances are those funds that are available for appropriation, or reserves. The accumulation of operating surpluses builds reserves, which provide a financial cushion against natural disasters, insurance loss, unexpected large-scale capital expenditures, uneven cash flow, or other similar events.
In August 2012, City Council passed a resolution that the budget shall provide for an anticipated Unassigned Fund Balance of 25% of estimated annual revenues for both the General Funds and the Enterprise Funds. Should the Unassigned Fund Balance at the end of a fiscal year fall below 20% of revenues, a plan for expenditure reduction and/or revenue increases shall be submitted to the City Council by the City Administrator. If the fund balance falls below 10% the City shall take immediate measures to rebuild the balance within two fiscal years. If the Unassigned Fund Balance at the end of a fiscal year should exceed 25%, the excess shall be utilized for one-time expenditures.
Looking ahead
The City has maintained its position of having an Unassigned Fund Balance of 25% of estimated annual revenues per the financial policy. In 2015 and 2016, the City of Newton has ended the fiscal year with an ending fund balance very close to the 25% target. This has resulted in a limited amount of funds available for appropriation at the end of the fiscal year.
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Warning Trend • There was an increasing deficit between the years 2012 and 2016.
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The City of Newton’s enterprise operations include landfill, sewer, and golf. Measuring enterprise operating income is important because unlike other City government funds, a local government does not typically raise taxes to increase support for an enterprise fund—enterprises are subject to the laws of supply and demand.
Looking at Newton’s golf operating income, revenues have fallen from 2008-2010 level, however, in the subsequent years, revenues appear to have stabilized somewhat, consistently falling just below $500,000.
Looking ahead
Westwood is an enterprise fund, which means it is supposed to operate like a business, subject to the laws of supply and demand. Over the past three years, Westwood has operated with a deficit. If Westwood continues to be unable to support its expenses long-term, the operation of the course may need to be evaluated. The chart below depicts the course’s ending balance over the past five years.
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Positive Trend • Income at the Landfill has steadily increased from 2014 through 2016.
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The City of Newton’s enterprise operations include landfill, sewer, and golf. Measuring enterprise operating income is important because unlike other City government funds, a local government does not typically raise taxes to increase support for an enterprise fund—enterprises are subject to the laws of supply and demand.
Although revenues fell at the landfill from 2010 to 2012, there was a large increase in revenue in 2013. This is due in part to an increase in general fees and in part due to the sale of crushed recycled concrete. In years 2014 through 2016, there has been a steady increase in revenue at the landfill.
Looking ahead
The annual Landfill Budget Workshop is held in January. Over the last several years, the tipping fee has increased annually. The tipping fee is used to meet upcoming equipment and project needs at the landfill.
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Positive Trend • The operating position of the Water Pollution Control Plan has improved since the implementation of the I & I Program.
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The City of Newton’s enterprise operations include landfill, sewer, and golf. Measuring enterprise operating income is important because unlike other City government funds, a local government does not typically raise taxes to increase support for an enterprise fund—enterprises are subject to the laws of supply and demand.
Looking at Newton’s sewer operating income stream over the past seven years, from 2008-2010 there was a steep decline in revenues. However, 2010-2016 shows a reversal of the negative trend, and a stabilizing of the revenue stream. This reversal is due to the implementation of the Inflow and Infiltration Program (I & I Program). In order to fund this program, charges for service were raised across town so that the program could be implemented.
Looking ahead
Re-evaluating the City’s fees for the Water Pollution Control Plan has not only helped pay for an important service to the community (the I & I Program), but it has also helped to reverse the warning trend seen in years 2008-2010. Looking ahead, the City should continue to evaluate the fees for use of all of the enterprise operations so that user fees keep up with the expense to provide services.
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Informational Trend • Newton’s debt service has remained stable over the past six years, hovering at about 15% of net revenues.
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Debt service, in this indicator, is defined as the amount of principal and interest that a local government must pay each year. Increasing debt service reduces expenditure flexibility by adding to the government’s obligations. Debt service which exceeds 20% of the net operating revenues is considered a potential problem. The model benchmark is to have debt service at or near 10% of the net operating revenues.
Newton’s debt service has remained fairly stable over the past seven years, hovering at about 15% of net revenues, which is below the 20% warning line. This is a positive trend for the City because it indicates that the City has been borrowing responsibly; too little debt service may indicate that a City is not investing in its future, while too much debt service may indicate financial irresponsibility.
Looking ahead
In 2014 and 2015, the City took out general obligation bonds to fund the Housing Initiative and to fund capital improvement and equipment projects. Moving forward, the City should continue to closely monitor its debt service. Taking on too much debt could put the City in financial risk. Ideally, the ratio between debt service and revenues will remain healthy so that Newton can retain flexibility in the City budget to cover unexpected expenses and prepare for the future.
Projected City of Newton Debt Service Levy
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Informational Trend • Direct Debt is bonded debt for which the local government has pledged its full faith and credit.
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Direct debt is bonded debt for which the local government has pledged its full faith and credit. An increase in direct debt as a percentage of assessed valuation can indicate that the government’s ability to repay is diminishing—because the government depends on property tax to pay its debts. Increasing debt as a percentage of assessed valuation is a warning sign. However, in analyzing this indicator, it is more complicated than just “the lower, the better” because a low debt profile may indicate underinvestment in public infrastructure and capital facilities. Investment in the community enhances growth prospects for the community both in attracting residents and in attracting new businesses.
The credit industry benchmarks for assessing direct debt warning signs are the following:
• Net debt exceeding 10% of assessed valuation
• An increase of 20% over the previous year in net debt as a percentage of market valuation
• Net debt as a percentage of market valuation increasing 50% over the figure for four years earlier
The graph on the previous page illustrates that the City’s net direct debt does not merit any of these warnings. The City has remained below the 10% mark and there have not been large or frequent increases in long term debt as a percentage of assessed valuation. In 2014 and 2015, the City took on additional debt for the Housing Initiative bond and the capital projects bond. This is why the City’s debt increased between 2013 and 2015.
Looking ahead
When considering taking on additional debt, the City will need to consider both the short-term and long-term effects of the debt. A conservative approach is good for the City’s financial condition in the short run, but if the City is not making an investment in its future, it may face additional challenges in the long-run.
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Informational Trend • The housing demolition program has been well received by the community and removed several eyesore properties. • The private incentives and public investment in housing have had slower progress.
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In 2013, the Newton City Council established the Newton Housing Initiative. This program was developed to accomplish two primary goals:
1. Protect neighborhood property values and to improve the City’s curb appeal.
2. Create momentum for housing development within the community.
In order to accomplish these goals, a number of objectives were developed, several of which have been implemented over the past three years.
As of June 30, 2016, only 33% of the bonded funds from the Housing Intiative have been spent, with the bulk of those expenditures going toward acquisition and demolition costs.
75% of the funds dedicated toward the acquisition and destruction of dilapidated properties have been spent. This has resulted in over 50 homes, located in a variety of locations throughout Newton, being demolished. This has helped improve the City’s curb appeal.
The other components of the Housing Initiave still have a substanial amount of funds remaining. As of June 30, only 4% of the funds dedicated toward public infrastructure have been used. Significant funds also remain for the use of private incentives. As of June 30, only 18% of funds dedicated toward private incentives have been used, these funds have been used to pay for property acquisition, new home buyer grants, and marketing services.
Looking ahead
Although technicially there is still a significant amount of funding available within the Housing Initiative bond, most of this funding is promised or allocated to upcoming projects. The City is currently in the planning stages of developing a new subdivision at the location of the former Cardinal Hills Country Club. This will consume most of the available funds dedicated toward public infrastructure. Likewise, the City has recently closed on a number of high priority D&D projects, which will finish out the housing demolitions funding. As a part of the incentive to produce spec homes in Newton, the City has committeed to buying the homes if they do not sell in a year, so a portion of the Private Incentives funding is also tied up.
As the available balances deteriorate within the Housing Initiative bond, the City of Newton may want to consider longer term housing incentives that are not reliant on bonded funds in order to maintain the momentum gained in the Newton housing market over the past three years.
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Informational Trend • The City took out general obligation bonds in 2014 and 2015.
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In 2014, the City of Newton took out a general obligation bond. Most of this bond was dedicated toward the Housing Initiative, which is detailed on the previous pages, however, some additional projects were also bonded for at this time. These projects included new playground equipment at Maytag Park, NE Beltline roadway rehabilitation, repair of S 12th Ave W bridge, sidewalk and bike trail connections, broadcast equipment, and exterior improvements at Public Works and the Newton Public Library.
In 2015, the City of Newton bonded again, this time for a number of equipment and infrastructure needs. Capital projects that have been completed due to this bond include ADA accessibility projects, North 4th Ave West reconstruction, restrooms at Aurora and Woodland parks, a new irrigation system for the back 9 holes at Westwood Golf Course, new fire equipment, and playground equipment at Aurora Park. Additional projects included expanding the City’s D&D program to address commercial properties, the purchase of police radios, completing the airport master plan, planning for a new gold clubhouse, and other various projects.
Looking ahead
When the City bonded in 2015, the policy discussed among the acting City Council of that time was to complete a bond for capital needs every other year. If the current City Council chooses to continue that policy, the next scheduled bond would occur in spring of 2017.
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This report was accomplished through the use of the Financial Trends Monitoring System developed by the International City/County Management Association (ICMA). This program identifies and organizes the factors that affect financial condi- tion so that they can be measured and analyzed by municipalities.
Population Data is from the U.S. Census and the American Community Survey, available at factfinder2.census.gov. Worker Age Data is from the Longitudinal Employer-Household Dynamics Study from the Center for EconomicStudies at the U.S. Census Bureau, available at quiexplorer.ces.census.gov.
Pew Research Center, “Number of older Americans in the workforce is on the rise.” Author Bruce Drake. Published January 7, 2014. Available at pewresearch.org.
Pew Research Center, “Millenials overtake Baby Boomers as America’s largest generation.” Author Richary Fry. Published April 25, 2016. Available at pewresearch.org.
Median Houshold Income Data is from the U.S. Census and the American Community Survey, available at factfinder2.census.gov. Property Value Data is from the Iowa Department of Management, Taxable Valuations by Individual Levy Authority, available at iowaonline.state.ia.us/dompvs/default.aspx?cmd=default Home Ownership Rate Data is from the U.S. Census and the American Community Survey, available at factfinder2.census.gov. Unemployement Rate Data is from Iowa Workforce Development, available at iowaworkforcedevelopment.gov. Workforce Inflow & Outflow Data is from the Longitudinal Employer-Household Dynamics Study from the Center for Economic Studies at the U.S. Census Bureau, available at onthemap.ces.census.gov. Financial Figures Financial figures concerning revenues, expenditures, balances, and debt were developed using reporting tools in conjuction with the City’s financial software system.
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=Project is complete or on schedule
= Project will be completed behind schedule.
=Project will not be completed.
2015-2017 Strategic Action Plan: Provide a safe community
Goal SC-1: Enforce the Laws Goal SC-2: Public Safety Goal SC-4: Respond to all Education Emergencies
SC-2.A: Create a Public Safety Task SC-4.A: Implement community-wide SC-1.A: Reduce traffic accidents Force to promote safety education master plan for traffic control
SC-1.B: Reduce reoccurring thefts SC-4.B: Conduct an engineering and burglaries Goal SC-3: Respond to all study to evaluate downtown traffic Emergencies
SC-1.C: Reduce crime in multi-unit SC-3.A: Monitor, record, evaluate SC-4.C: Implement 5-Year Street housing complexes response times and case closures Maintenance Program
SC-1.D: Improve the quality of SC-3.B: Replace outdoor warning
Newton’s rental housing sirens
SC-1.E: Update existing codes and SC-3.C: Increase performance- Increase use of performance-based review the inclusion of other codes based measurement in Fire Dept measurement in Fire Department
SC-3.D: Create and implement employee emergency response
Reduce Traffic Accidents
Project Description Overall Project Status as of: 9/19/2016 By August 1, 2015, post monthly educational articles on social media and local media to inform the public of traffic safety hazards as well as increased enforcement that the Department will target in the future. By October 1, 2015, set up systematic locations, according to accident data, where the speed monitor can be placed to help lower speed infractions. By January 1, 2016, purchase or Project is on schedule. enhance present data collections software to find accident locations that are reflective of high incident locations. By April 1, 2016, assign patrol officers to monitor specific locations with a goal of an increase in traffic contacts to deter future traffic violations.
Project Team Lead: Wes Breckenridge
Accomplishments Next Steps SC – 1.A(1) – Continuously post safety information on Facebook SC-1A(1) Continue to post safety information on Facebook SC-1.A(1) – Periodically put out traffic safety press releases to local media on SC-1A(2) Continued utilization of speed monitors to include new pole one. a variety of traffic issues, (Schools Open Drive Careful, Speed and seatbelt Apply for State Farm grant to purchase additional pole speed monitors to awareness etc.). be utilized in high traffic/accident areas as well as near schools.
SC – 1.A(2) – Continue to position the speed monitor in high volume speed areas as well as specific areas where citizens report speed issues. Utilize new SC – 1.A(3) – Continue to monitor and gather data based on mapping pole speed monitor in high traffic areas. software to include TraCs.
SC – 1.A(3) – Web based mapping still in progress. Utilizing TraCs Software SC – 1.A (4) – N/A mapping to assist in accident data collection to identify problematic areas to address.
SC – 1.A (4) – Officers are regularly directed to patrol high traffic violations. Metrics/Measurements Upcoming decisions for City Council We saw a 6% reduction in total accidents from 2014 to 2015. Current None data indicates we are on pace to see an 11% reduction in accidents within the city. Contributing factors are weather and stepped up awareness and enforcement. We are currently utilizing two speed monitors in focused areas to aid in the reduction of accidents, as well as directed patrols. The use of local media as well as social media have been valuable in educating the public on issues such as distracted driving, impaired driving and others.
Reduce reoccurring thefts and burglaries
Project Description Overall Project Status as of: 9/19/2016 By September 1, 2015 post monthly educational articles on social media and local media to inform the public of crime trends as well as protective and crime deterrence options. By November 1, 2015 develop, print, and handout educational materials that will be given out to victims of residential and business crimes during the initial investigations. By January 1, 2016 Project is on schedule. purchase or enhance present data collections software to find trends in crime in certain location around town. By July 1, 2016, patrols will be more proactive in crime deterrence by using new software and mapping crime trends that will be used for annual comparisons.
Project Team Lead: Chris Wing & Chad Plowman
Accomplishments Next Steps SC-1.B(1) Currently place educational articles on our Facebook site and to local media to include scam awareness and residential security tips. SC-1.B(1) Continue with educational and awareness articles. SC-1.B.(2) Continue to hand out “victim information and resources” SC-1.B(1) Currently developing regional Crime Stoppers Program. pamphlet to crime victims. SC-1.B(2) Developed pamphlet to give to crime victims, with what to expect regarding investigation, as well as crime prevention tips and resource information. SC-1.B(3) Work out some bugs that have been found with Crime Reports Mapping, and introduce product to general public. Introduce Officers to SC-1.B(3) Have purchased and installed mapping software for use to identify crime trends and create proactive measures. program to recognize trends and develop patrol patterns to help reduce crimes. SC-1.B(3) Installed a second crime mapping software module that once fully implemented will allow the public to view crime trends through the City website and SC-1.B(4) Continue high visibility in and around parks, schools, and sign up for alerts if a crime occurs in their neighborhood. vulnerable businesses.
SC-1.B(4) Officers are being assigned daily directed patrols at higher crime and higher visibility areas to include: Library, DMACC, schools, parks, vulnerable businesses and other high risk areas. Metrics/Measurements Upcoming decisions for City Council Burglaries and thefts reported: May 1, 2015 – September 1, 2015 = 189 May 1, 2016 – September 1, 2016 = 163
Reduce crime in multi-unit housing complexes
Project Description Overall Project Status as of: 9/19/2016 By June 30, 2017 create a “Crime Free Multi Housing Program” that will educate landlords and tenants of their rights and assist all parties in ensuring a safe community living experience in multi- unit dwellings through the use of written forms, programs, and onsite training classes. By July 1, 2016 use crime mapping software to pinpoint multi-housing units that have high incidences of crime Project is on schedule. so that the Police Department can work with landlords to reduce crimes and other nuisance violations like public intoxications, disturbance calls, vandalism, and thefts.
Project Team Lead: Bill Henninger
Accomplishments Next Steps SC-1C(1) Crime Free Multi-Housing program and ordinance adopted by City Council. SC-1C(1) Fully implement program in partnership with Fire Dept, Planning and Zoning and property managers and owners
th SC-1C(1) First CFMH landlord training held on Jan. 13 . SC-1C(1) Security checks at properties
SC-1C(2) Two crime mapping software packages are installed and SC-1C(1) Meet with tenants by request and/or provide working on compatibility with Jasper County Dispatch informational handouts about CFMH program SC-1C(2) Continue developing software capabilities. Second CFMH landlord training was held on March 9th. The fourth training session is scheduled for October 22nd, 2016. Third training session was held on May 18th at the arboretum. Staff has been in contact with Shieldware representatives to have highlighted/automated notification regarding Calls For Service to rental properties.
Metrics/Measurements Upcoming decisions for City Council Ordinance adopted, three training sessions have been held. Highlighted Calls For Service through Shieldware may cost $250.00 per year. Improve the quality of Newton’s rental housing
Project Description Overall Project Status as of: 9/19/2016 By October 1, 2015 acquire rental permit records management software. By January 1, 2016 train employees on records management software. By July 1, 2016 develop education program for landlords on the rental property program. By January 1, 2016 implement a Project is on schedule. reporting and tracking system for health related issues and concerns. By January 1, 2016 develop assessment process, including, but not limited to the use of semi-annual performance measures for effectiveness of rental property program.
Project Team Lead: Mike Knoll
Accomplishments Next Steps Software has been purchased and is in combination with Newton Fire Department Image Trend software. Learning software and transferring data from old to new and bringing everything up to date. (On Schedule)
Crime Free Housing Program has had two classes and a third will be held on Will hold more classes starting in Fall of 2016 to educate the smaller rental May 18, 2016. We have educated the largest apartment complex managers and are now focusing on the properties that have 8-20 units. units between 1-8 units. (On Schedule)
Review Rental Code to see if any updates are needed. (On Schedule)
Metrics/Measurements Upcoming decisions for City Council Have educated approximately 30 landlords and managers on Crime Free Not at this Time Housing. Update existing codes and review the inclusion of other codes
Project Description Overall Project Status as of: 9/19/2016 By January 1, 2016, update the Fire Code to the State adopted version of the International Fire Code. By January 1, 2016, update the Building Code to the State adopted version of the International Building Code. By January 1, Project is behind schedule. 2016, review and assess the adoption of the Property Maintenance Code in congruence with Building and Fire Codes.
Project Team Lead: Mike Knoll Support: Erin Chambers
Accomplishments Next Steps Reviewing 2015 International Fire Code. State has adopted and moved forward and Code is in effect along with 2015 Building Code. Set contractor meeting/training dates with Spahn and Rose on IBC updates; Develop agenda and course material for those trainings
Followed efforts of the Central Iowa Code Consortium, which is a group of code officials, fire marshals, and private business/construction people who are reviewing the 2015 codes. Purchase Code Essentials book to provide to local contractors participating in trainings Staff attended IABO training sessions in January 2016: 2015 IBC Essentials and 2015 IRC Essentials Begin Electrical, Plumbing, Mechanical Code review with Building Trades Discussion with Spahn and Rose on collaborating with contractor information Board. meetings on IBC updates.
Continue to monitor work from Central Iowa Code Consortium, and review final recommendation of that group when available. Metrics/Measurements Upcoming decisions for City Council None at this time. Code Adoption will require action following review by Building Trades Board. Create a Public Safety Task Force to promote public safety education.
Project Description Overall Project Status as of: 9/19/2016 By June 30, 2017, use local and mass media outlets as well as public forums to educate the public on crime prevention. By June 30, 2016, prepare and implement a “Citizen’s Fire Academy” to run in the spring of 2016 to educate the public on Fire Project is on schedule. prevention. By December 31, 2015, use local and mass media outlets as well as public forums to educate the public on emergency preparedness.
Project Team Lead: Ron Cook
Accomplishments Next Steps SC – 2.A(1) July 2015 – Public Safety Day @ Newton Fest – Police/Fire SC – 2.A(3) Coordinate with Jasper County EMA on public hazard and disaster preparedness education and training items to post on social media July 2015 – Public Safety Day @ Jasper County Fair Police/Fire.. Sept. 2015 - Thanks With Franks – Don’t Text and Drive Campaign monthly. th Sept. 2015 – 19 Session of the NPD Citizen’s Police Academy Dec 2015 – Shop with Cops The Newton Fire Department and Police Department are members of the June 2016 – Newton Safety Fest – Police/Fire Jasper County Emergency Response Coalition. Emergency notification systems were tested during the April exercises and direct feedback was July 2016 – Public Safety Day @ Jasper Co. Fair Police/Fire Jan-Aug 2016 – Frequent social media posts about crime prevention. available as to the effectiveness of the delivery systems.
SC-2.A(3) April 2016 – Jasper County Emergency Response Coalition participated in a There will be another nationwide Emergency Alert System test on 09/28/16 regional drill that involved testing the emergency notification system. SC-2A(2) April 2016 – The NFD started a six week Citizen’s Fire Academy
Metrics/Measurements Upcoming decisions for City Council Outreach through over ten different programs or events since July 2015. None at this time.
Outdoor Warning Sirens
Project Description Overall Project Status as of: 9/19/2016 By June 30, 2016, replace seven outdoor warning sirens at a cost not to exceed $140,000.
Project is behind schedule.
Project Team Lead: Mike Ward
Accomplishments Next Steps
Three (3) new sirens were installed that replaced 3 older sirens. Due to the The total number of sirens can be reduced from 10 to 8 by moving 2 sirens and buying one new siren that has a large influence area. larger influence area of the new sirens, 3 older sirens were eliminated and have been removed. Replace the outdated siren near the YMCA.
We currently have a total of 10 outdoor warning sirens. Six of these sirens are new.
Metrics/Measurements Upcoming decisions for City Council We have replaced half of the sirens that required replacement. Need to budget $40,000 for 2 new sirens plus funds for a two-way radio system. Monitor, record, and evaluate response times and case closures
Project Description Overall Project Status as of: 9/19/2016 By November 1, 2015 work with the Jasper County Sheriff’s dispatch office to revise procedures in data entry to ensure that the best data on response times, time-on-scene, and case closures is being collected. By January 1, 2016 compile and compare NPD response times from previous years to current response times. By July 1, 2016 implement new procedures to reduce response times based on analysis and reduce Project is behind schedule. response times by 5% from previous year. By January 1, 2016 compile and compare NPD’s number of cases closed from previous years to present case closed and increase by 5% from previous year.
Project Team Lead: Wayne Winchell
Accomplishments Next Steps 1. Police staff was able to calculate the average police response times to 1. Unlike the fire/EMS industry, there is no set national standard for police confirmed emergency calls or where emergency response might have response times, national estimates for 911 response times for law been required. These times were still calculated in so the average enforcement are 4 minutes to 11 minutes depending on region or area. response times would have likely been lower. The department will continue monitoring the data and determine more efficient ways of collecting and reporting. 2. A case closure rate assessment process has been identified and results will be reported at the next update. 2. Calculate case closure rate based on 2015 crime stats.
Metrics/Measurements Upcoming decisions for City Council • 2013 average emergency response time was 3.20 minutes None • 2014 average emergency response time was 3.87 minutes. • 2015 average emergency response time was 3.36 minutes. • The average response time to emergency calls by Newton Police Officers from 2013 to 2015 was 3.47 minutes. (3 year average)
Increase Fire Department crew awareness of performance.
Project Description Overall Project Status as of: 9/19/2016 By December 31, 2015, implement use of performance measure from Center for Public Saety Excellence. By June 30, 2016, develop systems for posting performance measurement for crew dissemination. By December Project is on schedule. 31, 2016, implement new procedures based on analysis of data.
Project Team Lead: Rex Heisdorffer
Accomplishment Next Steps Performance Measures list is completed. Project is considered complete.
Compilation of data from past 3 years completed
Introduction to Command Staff regarding posting
Location of posting identified
Posting board created and mounted in training room of NFD.
Provide training to crews regarding use of numbers, what they measure, and how information will be used to move forward.
Metrics/Measurements Upcoming decisions for City Council Project is complete. None
Create and implement employee emergency response training.
Project Description Overall Project Status as of: 9/19/2016 By December 31, 2015 ensure all Departments have updated Emergency Operations Sections of Standard Operating Guidelines of Department. By December 31, 2015, develop and implement a “Continuity of Operations Project is on schedule. Plan for all Departments. By December 31, 2016 train all employees on the use of the “Continuity of Operations Plan.”
Project Team Lead: Rex Heisdorffer
Accomplishments Next Steps Continuity of Operations Plan has been completed and approved by Council. Directors to provide report as to compliance with directive to update SOG’s regarding emergency operations. Initial training of Department Directors and Supervisors to roles in operation of the City Emergency Operations Center. Provide training overview for employees on the Continuity of Operations Plan by the end of 2016. Email sent to the directors to verify the review of Emergency Operations Sections of Standard Operating Guidelines of each Department: Police, Fire, Administration, Library, Parks, Water Works, and Public Works
Metrics/Measurements Upcoming decisions for City Council 34T Implement community-wide master plan for traffic control systems.
Project Description Overall Project Status as of: 9/19/2016 By December 31, 2015 implement master plan for control of intersections through the community. By December 31, 2015 implement master plan for control of on-street parking throughout the community. Project is on schedule.
Project Team Lead: Brian Laube
Accomplishments Next Steps In March of 2014 there was an estimated 170 uncontrolled intersections in Install stop signs or yield signs at approximately 80 remaining uncontrolled Newton. It was determined that all intersections should have traffic control. intersections.
Stop or yield signs have been installed at 90 intersections. Placement of stop and yield sign at uncontrolled intersections are being discussed at Traffic Safety Committee meetings and presented to City Parking restrictions on streets will be determined based on street width and Council. This is being done by a section of the City at a time. traffic volume as outlined in the Memorandum dated August 15, 2011 from the On-street parking restrictions will be done one neighborhood at a time Public Works Director to the City Administrator. based on citizen request.
Metrics/Measurements Upcoming decisions for City Council 53% of uncontrolled intersections have been addressed with a stop or yield Consider approval of stop sign and yield sign locations. sign.
Due to the lengthy update process to the City Code (which was adopted on September 1, 2016), there was a temporarily pause of about 9 months in new stop sign locations being presented to City Council. Evaluate traffic flow and traffic control systems downtown
Project Description Overall Project Status as of: 9/19/2016 By December 31, 2015 conduct an engineering study to evaluate the traffic flow and traffic control systems in the downtown.
Project is complete.
Project Team Lead: Keith Laube
Accomplishments Next Steps Traffic study completed by Snyder & Associates paid with through the Traffic Engineering Assistance Program (TEAP).
Study indicated that due to sight distances, the only traffic signal on 1st Avenue through the downtown that could be removed was the signal at E 3rd Street. After community input, city council chose to keep this traffic signal in operation. The study made several recommendations regarding the dated signal equipment. The controllers and pedestrian signals could be upgraded and battery backup units could be provided. Communication between signals could be enhanced with newer technology. The estimated cost for recommended improvements is $571,000.
Metrics/Measurements Upcoming decisions for City Council Project is complete. Street Maintenance Program
Project Description Overall Project Status as of: 9/19/2016 By September 30, 2015 implement 5-Year Street Maintenance Program.
Project is on schedule.
Project Team Lead: Brian Laube
Accomplishments Next Steps The 5-year street maintenance plan has been updated and is kept current. nd Construction of S 2 Ave project in the downtown is over half done. Street concrete panel replacement was completed in 2015 using both in- N 4th Ave W reconstruction project has started. house and contracted services. Continue to perform street concrete panel replacement; contract out larger 31 blocks of asphalt surface streets were milled and overlaid in 2015. projects.
st An asphalt mill and overlay project is planned for summer of 2017. The Federal route project of E 31 Street N was resurfaced with concrete in 2015.
Metrics/Measurements Upcoming decisions for City Council The street maintenance work is following the 5-year plan. The street Bonding or other funding required for the 2017 asphalt street mill and reconstruction projects and mill/overlay projects scheduled for 2015 were overlay project. completed. 12 of the 18 street concrete panel locations designated for 2015 replacement have been completed. The remaining 6 will be completed in 2016.