On the agenda: Newton City Council Meeting — Data Center (Oct 19)

Newton City Council Agenda
October 19, 2026 - 6:00 PM
View the City Council Meeting:
In Person
City Hall - Council Chambers
101 W 4th St S, Newton, IA 50208

Television
Mediacom Channel
12/85/121.12

Online
newtongov.org/cablecast

Pledge
Pledge of Allegiance
Call to Order
1.

Roll Call

2.

Debt Capacity Analysis & TIF Planning Model - Michael Maloney, D.A.
Davidson & Co., Managing Director

3.

Newton Main Street - Erin Yeager, Executive Director

4.

Historic Preservation Commission Design Guidelines Update —
Rita Reinheimer, Newton Historic Preservation Commission

5.

This is the time of the meeting that a citizen may address the Council.
After being recognized by the presiding officer, each person will be given
three (3) minutes to speak. Elected officials will take comments into
consideration; however, this time is not intended for a discussion or
entering into a dialogue. Elected officials and City staff will not answer
questions or debate a citizen during the Citizen Participation portion of
the meeting

6.

October 5, 2026, Regular City Council Meeting Minutes

7.

October 5, 2026, Workshop Minutes

8.

Approve Liquor Licenses for the following: Alta House Event Center, Inc
- 0-011-446-562, 1600 E 36th St S, Class C Retail Alcohol License and
Outdoor Service Area renewal; Capitol II Theatre - WCN000343, 116 1st
St N, Special Class C Retail Native Wine LIcense renewal; Gray Moon
Public Market (Ex Nihilo LLC) - 118 N 2nd Ave E, Class C Retail Alcohol
License and Outdoor Service Area, pending state and local approval

9.

Resolution levying assessments for costs of nuisance abatement and
providing for the payment thereof (Schedule 26-17)

10.

Resolution fixing the amounts to be assessed against individual private
properties for the abatement of nuisance violations (Schedule No. 26-18)

11.

Resolution approving performance agreements for the 2027 Summer
Concert Series at the Maytag Bowl

12.

Resolution Approving Payment to Annee Construction for the Concrete
Work for the Veteran’s Section 3 Monument at Newton Union Cemetery

Presentation

Citizen Participation

Consent Agenda

13.

Resolution approving a purchase and updated monitoring agreement
with Per Mar Security for the Public Works Shop Building

14.

Resolution accepting completion of the Landfill Lower Shop Heater
Installation Project

15.

Resolution Approving a Property Tax Rebate for the Theisen’s Property
Located at 3021 1st Ave E Within the East Mart Urban Renewal Area

16.

Resolution Approving a Property Tax Rebate for the Van Maanen
Electric, Inc Property Located at 500 Iowa Speedway Drive Within the
East Mart Urban Renewal Area

17.

Resolution Approving Scope of Services Agreement and Contract with
Lund Fire Protection, Inc. of Norwalk, Iowa

18.

Resolution approving the MyCity TMS annual software licensing and
maintenance agreement with General Traffic Controls Inc

19.

Resolution Directing City Staff and the Planning and Zoning Commission
to Study the Matter of Data Centers and Provide Recommendation to the
City Council

20.

Resolution approving prizes for the Enchanted Nights Holiday Lights
event in Maytag Park

21.

Approve Bills

22.

Public Hearing on a resolution awarding contract for the W 8th St Traffic
Signal Upgrades Project

Public Hearing

• The traffic signal controller equipment at the intersection of W 8th
St and 1st Ave W is nearing the end of its useful life and is in
need of replacement and the City of Newton was awarded an
Iowa Department of Transportation (DOT) Traffic Safety
Improvement Program (TSIP) grant, which will pay $100,000 of
the equipment costs.
• Bids were received and opened on October 8, 2026, and the low
bid was received from Iowa Signal of Grimes, IA. City staff
recommends awarding the project to Iowa Signal, Inc. of Grimes,
IA, in the amount of $212,284.62, to be paid with $100,000.00 of
Iowa DOT Traffic Safety Improvement Grant funds and
$112,284.62 of Road Use Tax funds.

23.

Resolution awarding contract for the W 8th St Traffic Signal Upgrades
Project

24.

First consideration of an Ordinance Amending the Code of Ordinances,
City of Newton, Iowa, 2025, Title VII, Chapter 70, Section 70.15, "Traffic
and Parking Schedules Adopted by Reference", to make changes to
street parking in the 500-700 Block of East Twenty-Fifth Street South

Ordinance

• The Traffic Safety Committee (TSC) received safety concerns
regarding vehicle parking on both sides of the street in the 500700 blocks of E. 25th St. S. The street is only 25 feet wide,
making it difficult for buses and emergency vehicles to pass
through if cars are parked on both sides.

• The TSC recommends restricting parking on the west side in the
500–700 blocks. The City sent out 30 surveys to the affected
residences and received eight votes (8) in support of the
restrictions and two (2) opposed to the restriction, and one (1)
undecided

Resolution
25.

Resolution approving an engineering professional services agreement
for the S 12th Ave W Reconstruction Project
• S 12th Ave W between W 18th St S and Hwy 14 is nearing the
end of its useful life, has been included in the CIP, and has been
a goal in previous years' goal-setting workshops for
replacement.
• Staff has requested a scope and fee from Bolton & Menk to
provide engineering services for the project, to provide not only
engineering but also traffic signal design, traffic engineering, and
DOT plan coordination.
• Engineering costs will be paid for with road use tax funds.

26.

Resolution to Approve Urban Renewal Plan Amendment for the 2019
Sports Entertainment Urban Renewal Area
• Project Fastpitch, a large private softball complex proposed near
the Iowa Speedway, is in the final planning and development
stage and the developer has requested an amended
development agreement.
• In order for the City Council to be able to consider amending the
development agreement, it is necessary to amend the 2019
Sports Entertainment Urban Renewal Area. This resolution
approves the amendment to the 2019 Sports Entertainment
Urban Renewal Area

27.

Resolution Approving Fourth Amended Development Agreement with
The Circle Development, LLC
• The Circle Development, LLC recently purchased property near
the Iowa Speedway and have submitted site plans and building
plans to the City for Project Fastpitch, a large softball complex to
be located near Exit 168.
• As their financial stack has evolved, the developer asked the
City to consider amending the development agreement to
provide a forgivable loan in the amount of $7,000,000.00 to the
project in lieu of tax rebates.
• Within the structure of the agreement, there is some protection to
the City in that the forgivable loan is not provided until certain
benchmarks are met, including a certificate of occupancy. This
insures that the project is constructed and initial operations will
take place before funds are dispersed.

Mayor/Council Comments
28.

Mayor and Council Comments

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.
Find us online: www.newtongov.org

City of Newton, Iowa
October 19, 2026

Financial Review – FY 28 Pre-Budget

Michael Maloney, Managing Director
(515) 471-2723
[email protected]

Long-Term Capital Planning
•

Authority


How do we gain legal authority to proceed?
 Public Hearing
 Referendum

•

Capacity


When are we able to address these projects?
 Legal Limits
 Timing Considerations

•

Repayment


How do we pay for that?
 Revenue Sources
 Financing Sources
2

General Obligation Bonds / Debt Capacity
•

Lowest rate of interest among financing options.
 Shares burden of cost over project lifetime.

•

Backed by the full faith and credit of the City.
 Can use other revenue sources in addition to property tax levy.

•

State of Iowa limits issuer’s applicable G.O. debt to no more than 5% of actual
valuation.
 For example, City’s 1/1/25 valuation (applicable for FY 2026-27) is

$1,403,787,581.

 G.O. debt limit is $70,189,379.
 After 6/1/26, the City has $36,190,232 of outstanding G.O. debt that

counts towards this limit before (including TIF rebate agreements).
 Approximately $34 million of available FY 2026-27 capacity.

– Policy is to utilize a maximum of 80%, currently at only 51%.
3

City G.O. Debt Outstanding (Historical/Current)

4

G.O. Bond Repayment / Debt Service Levy
•

City can repay G.O. bonds from any lawful source (there are limitations), but is
pledging future property tax revenues for repayment.


This is not limited in terms of rate, and is collected through the debt service
levy component of the total property tax levy rate.
 Debt service levy is identified for each fiscal year as part of the budget
certification process.
 Revenues are equal to the debt service levy rate multiplied by the taxable
valuation for the upcoming fiscal year (currently FY 27 budget cycle).



HF 718 and SF 2472 legislation do not limit revenues generated from the debt
service levy component of the overall property tax rate.
 City has historically utilized TIF revenues and utility revenues to repay
allocated shares of G.O. debt service each year where applicable.
– This is programmed to continue for outstanding bond issues.

5

S&P Global Ratings – City ‘A+’ affirmed in 2026
•

City staff completed the rating process with S&P Global Ratings in early 2026 as
part of the Spring G.O. bond issuance.

•

The City’s outstanding ‘A+’ rating was affirmed and assigned to the Series 2026
Bonds as anticipated.

•

Credit highlights in the rating report included:


Maintenance of healthy general fund cash reserves.



Manageable long-term liabilities.



Proximity to regional economic center of Des Moines.



Economic redevelopment (including residential revitalization) as a key City
initiative.



Financial management framework, which incorporates realistic budget
assumptions, long-term financial forecasting and capital planning.



Monthly monitoring of budget and investment performance with Council.
6

General Fund Performance

Revenues
Expenditures
Ending Cash Balance
% of Revenues
% of Expenditures

Audit
FY 21
$9,007,061
8,740,943
3,546,414
39.37%
40.57%

Audit
FY 22
$8,397,386
9,477,011
3,201,880
38.13%
33.79%

Audit
FY 23
$9,066,075
10,063,611
3,002,435
33.12%
29.83%

Audit
Audit
FY 24
FY 25
$9,383,160 $10,209,342
10,319,332 10,352,021
3,077,357
4,065,734
32.80%
39.82%
29.82%
39.27%

Unrestricted Cash
% of Expenditures

3,467,909
39.67%

3,120,905
32.93%

2,912,077
28.94%

2,994,498
29.02%

•

City targets General Fund balance of 25% level of expenditures.

7

3,980,441
38.45%

Capital Funding Sources
•

•

•

Perpetual


Utility Revenues (Water/Sewer)



Debt Service Levy (part of total property tax levy rate)



Road Use Tax Revenues (RUT)

Voted


Local Option (Sales and Services) Tax Revenues (LOT, LOSST)



Capital Projects Levy (part of total property tax levy rate)

Council Implemented (Discretionary)


Special Assessments



Stormwater Utility Revenues



Urban Renewal (TIF) Revenues

8

Road Use Tax Revenues (RUT)
•

State funding/allocation through the Iowa Road Use Tax Fund (RUTF): Dedicated
highway user revenue, collected through a state excise tax on fuels, is deposited
into the RUTF.

•

After some off-the-top diversions, receipts into the RUTF are distributed according
to a formula and 20 percent is provided for city streets.

•

As directed by Iowa Code Chapter 312, the Treasurer of State distributes money
from the state's Road Use Tax Fund to Iowa cities and counties.

•



Payments are deposited on the third Tuesday of each month.



City does not control this revenue stream and is limited based on the
historical trend and projected cash flow.

City has been receiving over $2.2 million per year.


Leveraged this revenue stream in 2021 and 2024 by issuing Road Use Tax
revenue bonds ($325,000 per year through 2033).

9

Tax Increment Financing (TIF)
• A vehicle for cities to capture the incremental taxes generated from the
new valuation added by buildings and/or expansions in an area of the
community (Urban Renewal Area).
 Base is established at the time of formation of the area.
 Tax increment revenue is generated only on new valuation above this

base valuation.

 Benefit is captured by city in initial years as they have put capital

forward to advance the growth.

 New valuation growth will eventually benefit all taxing
jurisdictions (County, Schools, etc.).
 TIF does NOT raise property tax rates.

10

North Central TIF
•

The City has been receiving around $1 million in TIF increment each year from the
new development it supported through infrastructure and other TIF incentives.


Debt issued over the last 10 years has been repaid by North Central TIF
revenues as new increment was generated and available to support
repayment (this reduces City-wide debt levy impact).
 $9.6 million of debt service is scheduled to be repaid by North Central TIF.
 Additionally, $1.9 million of rebates and other TIF obligations are
scheduled to be paid by North Central TIF revenues.



Even with conservative growth assumptions (flat revenues), the City
anticipates over $8.0 million of additional TIF revenues (after repaying existing
obligations) that it can leverage for additional infrastructure.
 City staff is anticipated using these funds for ongoing, additional street
improvements starting with a 2027 bond issuance.

11

Summary of Considerations
•

Leveraging available revenue streams will minimize impact on both taxpayers
and ratepayers.


•

Continued investment in infrastructure is necessary for the City to be able to grow
and provide high-quality municipal services.


•

City has capacity to address all currently targeted projects within capital
improvement plan.

Timing will be a major consideration.

Conservatively, projections do not include valuation growth or revenue growth
from funding sources.


Additional road use tax or TIF revenues could be applied to
additional/alternative projects or help reduce future impact to property taxes.



Potential growth in urban renewal areas would allow for additional revenue
stream to help address capital needs (where applicable).
 And/or would allow for additional revenue released to general fund.
12

Memorandum
To:

Matt Muckler, City Administrator

From: Erin Chambers, Community Development Director
Date: October 12, 2026
Re:

Historic Preservation Commission Design Guidelines Review

Background. In 2014, the Newton Downtown Historic District was listed on the National
Register of Historic Places. This was the pinnacle of a number of years of hard work by the
Historic Preservation Commission to research and document the development and evolution of
Newton’s Downtown.
Shortly after the designation, the City of Newton began working on plans to support and preserve
the downtown. This included development of The Downtown Historic District Design Guidelines
with the help of consultants Bergland + Cram and Bolton & Menk.
The Downtown Historic District Design Guidelines were approved as an official guiding document
for the City of Newton by Resolution 2015-287 (December 2015). As of today, the guidelines are
optional for property owners to implement when doing improvements, unless they are seeking
Downtown Improvement Grants.
The Downtown Grant Review Board was established as a public board that reviews proposed
projects and works with grant seekers to ensure that city funds are going towards projects that
align with the recommendations of guidelines. Their role is critical in creating a public review
process which includes citizen experts who can help owners navigate the subjective nature of
some of the guidelines.
Historic Preservation Commission Review. In 2026, the Historic Preservation Commission
spent several months contemplating the notion of codifying the Historic District Design Guidelines
recognizing that they serve a vital role in our community by promoting the following:
1.) Preserving district character
2.) Encouraging Tourism

3.) Protecting Newton’s heritage
Throughout the months of thoughtful discussion and consideration, the Historic Preservation
Commission came to the conclusion that adopting the Guidelines in their entirety was not feasible
from a practicality standpoint. Some identified challenges to codifying the entire document were
as follows:
1.) Not everything the guidelines provide recommendations on require City reviews or
permits. Adding new processes would create an administrative burden in a time when
City budgets are become much tighter.


For example, painting does not require permits. There is not currently a mechanism
to enforce the paint colors recommended by the current guidelines.

2.) Work activities that would ultimately be regulated by the guidelines are currently subject to
administrative reviews. Any changes to the process would create longer review times
and possible development delays.


Adding additional review layers before a board or commission creates roadblocks for
current and future owners. City Council has expressed a desire to maintain Newton’s
current balance of timely administrative development reviews when possible (building
permits, site plans, etc.) with other development reviews that have impacts beyond
property boundaries before appointed/elected bodies (variances, conditional use
permits, subdivisions).

3.) A number of the design guidelines are subjective in nature. Terms like “compatible” or
“appropriate” can be interpreted differently by various staff members. This does not work
for code language.
4.) Some of the guidelines, while benefitting the preservation of the historic fabric of the
building, may be counter to energy efficiency or sustainability measures.
Historic Preservation Commission Recommendation. Discussion on this matter began at
the June 2026 Historic Preservation Commission meeting, and continued for many following. At
their meeting on October 5, 2026, the historic preservation commission approved a
recommendation to the City Council to consider adopting the following guidelines as mandatory
requirements in the downtown historic district. Those are as follows:
1.) Signage: Signage shall not be internally illuminated. (Applicable to all properties in
historic district)
2.) Signage Placement: Signs shall only be installed on historic buildings in locations that
are historically accurate as proven by historical (50 years +) photography or plans or in
locations that do not require permanent damage to exterior building materials. (Applicable
to only contributing structures to the historic district)

3.) New Construction Setback: New construction with in the Downtown Historic District shall
have a front setback no less than the abutting property. In the case of two abutting
properties, the new construction setback shall be no greater than the average of the two
setbacks. (Applicable to all properties in historic district)
4.) Awnings: Dome or umbrella shaped awnings are not permitted unless historical (50
years +) photography indicates the shape is historically accurate. (Applicable to only
contributing structures to the historic district)
5.) Window Openings: Historic window openings shall be preserved in shape and size.
Historic window openings shall not be closed, removed, or reduced in size. (Applicable
to only contributing structures to the historic district)
6.) Windows, Reflective Glass: Reflective glass is not permitted in the Downtown Historic
District (Applicable to contributing structures to the historic district)
7.) Exterior Insulation Finishing System (EIFS): Exterior Insulation Finishing System shall
not be installed on historic buildings. (Applicable to contributing structures to the historic
district)
At the October 19, 2026 City Council Meeting, long-time Historic Preservation Commissioner Rita
Reinheimer will be previewing these items to the council. It is anticipated that a code revision
would be ready for the November 16, 2026 City Council meeting for action.
Thank you.

NEWTON CITY COUNCIL MEETING MINUTES
OCTOBER 5, 2026, 6:00 PM
Pledge
Pledge of Allegiance
Mayor Ervin asked everyone present to join in saying the Pledge of Allegiance.
Call to Order
1.

Roll Call
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 Ervin
presided. Present Council Members: Mills, Roth, Dalton, Hallam, Simbro,
Holschuh. Absent: None.

Proclamation
2.

National Community Planning Month
Mayor Ervin proclaimed October as Community Planning Month.

3.

National Fire Prevention Week - October 4-10, 2026
Mayor Ervin proclaimed October 4-10 as Fire Prevention Week with the theme, "Charge
into Fire Safety; Safe Charging is a Superpower."

Presentation
4.

United Way of Jasper County Update - Jessica Lowe Vokes, Executive Director
Jessica Lowe Vokes provided information on the events and activities of United Way
over the last year.

5.

NHDC Update - Bruce Showalter, Housing Director
Bruce Showalter provided information on the activities of Newton Housing Development
over the last year.

Citizen Participation
6.

There was no citizen participation.

Consent Agenda
Moved by Mills, seconded by Hallam to approve consent
20. AYES: Six. NAYS: None. Consent Agenda was adopted.

agenda

items

7-

7.

September 21, 2026 Regular City Council Meeting Minutes

8.

September 21, 2026 City Council Goal Setting Workshop Minutes

9.

Resolution Appointing Doug Cook to serve on the Newton Building Trades Board for an
unexpired term ending December 31, 2026, and to serve on the Newton Building Trades
Board for a term beginning January 1, 2027, through December 31, 2029
Resolution 2026-354 adopted.

10.

Resolution levying assessments for costs of nuisance abatement and providing for the
payment thereof (Schedule 26-16)
Resolution 2026-355 adopted.

11.

Resolution fixing the amounts to be assessed against individual private properties for
the abatement of nuisance violations (Schedule No. 26-17)
Resolution 2026-356 adopted.

12.

Resolution approving a professional services agreement with Bolton & Menk for the
Watershead Delination Project
Resolution 2026-357 adopted.

13.

Resolution approving professional services agreement with Bolton & Menk for platting
Memorial Park Cemetery Lots
Resolution 2026-358 adopted.

14.

Resolution Authorizing the City of Newton and the Newton Fire Department to Enter into
a 28E Agreement for Emergency Medical Services (EMS) Transportation with Jasper
County Emergency Management Agency Emergency Medical Service
Resolution 2026-359 adopted.

15.

Resolution Approving Reimbursement of Paramedic Program Expenses for Josh Seal
Resolution 2026-360 adopted.

16.

Resolution to enter into agreements with the Iowa DOT and Key Cooperative, Inc. for
the Highway 14 Reconstruction (NHSX-014-4(073) --3H-50) Project
Resolution 2026-361 adopted.

17.

Resolution Approving a Property Tax Rebate for the CRH Properties LLC Property
Located at 117 1st Ave W Within the North Central Urban Renewal Area
Resolution 2026-362 adopted.

18.

Resolution Approving a Property Tax Rebate for the Jasper Point Plaza, LLC Property
Located Within the 1st Avenue East Urban Renewal Area
Resolution 2026-363 adopted.

19.

Resolution Approving a Property Tax Rebate for the Nehring Auto Property Located at
1800 1st Ave E Within the 1st Avenue East Urban Renewal Area
Resolution 2026-364 adopted.

20.

Approve Bills

Resolution
21.

Resolution approving the granting of Downtown Improvement Grant funds for 104 1st
Ave East, Newton, IA in the Facade Improvement Program area.
Moved by Hallam, seconded by Simbro to adopt the Resolution. AYES: Six. NAYS:
None. Resolution 2026-365 adopted.

22.

Resolution approving the granting of Downtown Housing Grant funds for 104 1st Ave
East, Newton, IA
Moved by Dalton, seconded by Hallam to adopt the Resolution. AYES: Six. NAYS:
None. Resolution 2026-366 adopted.

23.

Resolution adopting the 2026-2028 City Council Goals for the City of Newton
Moved by Mills, seconded by Roth to adopt the Resolution. AYES: Six. NAYS:
None. Resolution 2026-367 adopted.

24.

Resolution approving the City of Newton Social Media Policy
Moved by Mills, seconded by Simbro to adopt the Resolution. AYES: Six. NAYS:
None. Resolution 2026-368 adopted.

25.

Resolution approving amendments to the City of Newton Employee Handbook
Moved by Mills, seconded by Holschuh to adopt the Resolution. AYES: Six. NAYS:
None. Resolution 2026-369 adopted.

26.

Resolution approving the FY2028 and FY2029 wage agreement with Public Professional
and Maintenance Employees Local 2003 (Police)
Moved by Hallam, seconded by Mills to adopt the Resolution. AYES: Six. NAYS:
None. Resolution 2026-370 adopted.

27.

Resolution approving the FY2028 and FY2029 wage agreement with the Newton
Association of Professional Fire Fighters
Moved by Mills, seconded by Roth to adopt the Resolution. AYES: Six. NAYS:
None. Resolution 2026-371 adopted.

28.

Resolution approving the FY2028 and FY2029 wage agreement with Teamsters Local
120
Moved by Mills, seconded by Hallam to adopt the Resolution. AYES: Six. NAYS:
None. Resolution 2026-372 adopted.

29.

Resolution adopting fee schedule for Westwood Golf Course for 2027
Moved by Holschuh, seconded by Dalton to adopt the Resolution. Moved by Hallam,
seconded by Dalton to amend the Newton citizen discount rate from 5% to 10% on punch
cards and season memberships. AYES: Six. NAYS: None. The amendment passed.
AYES: Six. NAYS: None. Resolution 2026-373 was adopted as amended.

30.

Resolution approving a rate increase for City Attorney prosecution services
Moved by Simbro, seconded by Roth to adopt the Resolution. AYES: Six. NAYS:
None. Resolution 2026-374 adopted.

31.

Resolution approving Pool Pavilion flooring project by Accents in Concrete, Inc.
Moved by Roth, seconded by Dalton to adopt the Resolution. AYES: Six. NAYS:
None. Resolution 2026-375 adopted.

Appeal Hearing
32.

Vacant Building Ordinance Appeal Hearing for 321 1st Avenue East
Property owners Richard & Janet Graber are appealing city staff's determination that
their building located at 321 1st Avenue East is vacant, by definition of Newton's Vacant
Building Ordinance and the Permitted Uses within the city's Central Business District
commercial zone. City staff presented information related to the Vacant Building
Ordinance. Janet Graber, one of the property owners, indicated that the identified vacant
space was utilized for storage and a private workshop, and further stated that the building
was properly maintained and insured. Council will make a determination at a subsequent
meeting.

33.

Vacant Building Ordinance Appeal Hearing for 109 East 4th Street South
Property owners Richard & Janet Graber are appealing city staff's determination that
their building located at 109 East 4th Street South is vacant, by definition of Newton's
Vacant Building Ordinance and the Permitted Uses within the city's Central Business
District commercial zone. City staff presented information related to the Vacant Building
Ordinance. Janet Graber, one of the property owners, indicated that the identified vacant
space was utilized for storage and a private workshop, and further stated that the building
was properly maintained and insured. Council will make a determination at a subsequent
meeting.

Staff Report
34.

Legislative Updates Impacting Community Development - Erin Chambers, Community
Development Director
Chambers presented Legislative updates that will affect Community Development, such
as SF 2378 Zoning Regulations & Boards of Adjustment Appeals, SF 2369 Accessory
Dwelling Unit technical corrections, HF 2800 NEC preemption & technical corrections,
HF 2297 Passive Radon Mitigation, and HF 2634 Perpetual Care Government
Cemeteries.

35.

Police Department - Rob Burdess, Police Chief
Burdess presented the police department's annual report.

Mayor/Council Comments
36.

Mayor and Council Comments
Simbro is happy to say the jake break ordinance has helped to keep the noise down.
Mills reiterated that with all the activities in Newton it is hard to be bored; there is always
something going on. He also thanked the presenters and indicated that council would be
getting an answer for the Grabers. He thanked Chief Burdess and the department for
their work, knowing they would be the first to show up. He encouraged citizens to get to
know the officers. Mills encourages citizens to educate themselves on the Flock
cameras. It's a technology that is there to help. You are already on camera somewhere.
Roth announced that the winners were announced tonight at the Main Street Iowa Open
for Business contest. Fuego Hot Glass of Newton received $10,000 in a tie for 3rd place.
Mayor Ervin announced several events coming up such as Scary on the Praire, a Desert
Sale at the Alta House, the Art Festival was amazing, and the Gray Moon pie contest
was fun. There are some new businesses opening, such as a bakery across from PJs
Deli. Also, join Newton Community School at the home football game on Friday night.

Adjourn
Moved by Mills, seconded by Roth to adjourn the meeting at 8:34 P.M. Motion unanimously
carried by voice vote.

Katrina Davis, City Clerk

Randy J. Ervin, Mayor

NEWTON BUDGET WORKSHOP CITY COUNCIL MEETING MINUTES
OCTOBER 5, 2026, 8:50 PM
Call to Order
1.

Roll Call
The City Council of Newton, Iowa met in special session at 8:50 P.M. on the above
date in the Council Chambers at 101 West 4th Street South. Mayor Ervin
presided. Present Council Members: Mills, Roth, Dalton, Hallam, Simbro,
Holschuh. Absent: None.

Presentation
2.

Review of Comp Plan – Erin Chambers, Community Development Director
There are 4 strategic objectives: Establish Newton as a compelling destination; Focus
economic development efforts on population and business growth; Elevate Newton's
curb appeal; and Maintain Newton's existing infrastructure while enhancing or expanding
to support a high quality of life and community growth.

3.

City Council Goals – Katrina Davis, Administrative Services Manager/City Clerk
The top 6 goals will be incorporated into the spring bonding while the final 5 goals will
have future conversations around funding.
1.Sidewalk on E 12th St S from S 5th Ave E to S 13th Ave E ($210,000) – 13 votes
2.Maytag Street Light Replacement ($35,000) – 11 votes
3.Police Handheld Emergency Radios ($165,500) – 10 votes
4.Citywide PCC Patching Project ($500,000) – 9 votes
4. E 7th St S from S 8th Ave to top of hill; concrete, curb and gutter ($250,000) – 9 votes
6. Paint Maytag Bowl ($50,000) – 8 votes
7. Library Fire Monitoring Install (including ceiling tile replacement and repair) ($135,000)
– 7 votes
7. E 5th St S from S 13th Ave E to city limits by WPC plant; HMA overlay ($250,000) –
7 votes
9. Shelter/Shade Structure at Aurora Park ($50,000) – 6 votes
9. Playground Improvements at a Neighborhood Park ($100,000) – 6 votes
11. Agnes Patterson Memorial Park Softball Field and Baseball Fence Upgrades
($110,000) – 4 votes

4.

Review of Proposed Budget Schedule – Candace Streeter, Finance Officer
Budget Workshops will be held immediately following the regular city council meetings
through February. March 1st will set a public hearing on Max Levy. March 5th is the
deadline to provide taxpayer statement information to the County Auditor. On March 22
there will be a special meeting at 5:30 p.m. to hold a public hearing on Max Levy. An
additional special meeting will be held at 6:00 p.m. on the 22nd to adopt the final
proposed budget and set a public hearing on a final budget. April 5th is the budget
hearing and adoption of final budget.

5.

Review of Ending Fund Balance FY26/27 Year Projections – Candace Streeter, Finance
Officer
The General Fund ending balance on 6-30-26 was $3,984,908 with $594,038 in
designated funds for an undesignated fund balance of $3,390,870 or 32.89% of
expenditures.

6.

Landfill, Road Use Tax and Stormwater Budgets – Joe Grife, Public Works Director

Mayor/Council Comments
7.

Council Member Input – Questions and Comments for Staff

Adjourn
Moved by Mills, seconded by Hallam to adjourn the meeting at 9:46 P.M. Motion unanimously
carried by voice vote.

Katrina Davis, City Clerk

Randy J. Ervin, Mayor

City of Newton Council Report
Item:
Approve Liquor Licenses for the following: Alta House Event
Center, Inc - 0-011-446-562, 1600 E 36th St S, Class C Retail
Alcohol License and Outdoor Service Area renewal; Capitol II
Theatre - WCN000343, 116 1st St N, Special Class C Retail
Native Wine LIcense renewal; Gray Moon Public Market (Ex
Nihilo LLC) - 118 N 2nd Ave E, Class C Retail Alcohol License
and Outdoor Service Area, pending state and local approval
Summary:
Financial Impact:
Background:
Recommendation:

Report Number: 2026-1088
Date:
October 19, 2026
Lead Department:
Administration
Recommendation:

City of Newton Council Report
Item:
Resolution levying assessments for costs of nuisance abatement
and providing for the payment thereof (Schedule 26-17)
Summary:
The City of Newton abated some nuisances, such as tall
grass/weeds and/or trash. These costs remain unpaid by the
property owner(s) and should be assessed to the property taxes.
Financial Impact:
Cost Recovery: $3,800.00

Report Number: 2026-1101
Date:
October 19, 2026
Lead Department:
Police
Recommendation:
Approve

Background:
At their last meeting, City Council approved a Schedule of Assessment for the Expenses of
Nuisance Abatement. The total amount for cost recovery is $3,800.00.
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 26-17).

Matt Muckler, City Administrator

RESOLUTION NO. 2026 – _______
RESOLUTION LEVYING ASSESSMENTS FOR COSTS OF
NUISANCE ABATEMENT AND PROVIDING FOR THE
PAYMENT THEREOF (SCHEDULE 26-17)
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. 26-17 for collection
in the same manner as the property tax.
NOW, THEREFORE, BE IT RESOLVED, that the attached Schedule No. 26-17,
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 November 4, 2026, and shall be paid at the
same time and in the same manner as the 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 October, 2026.
APPROVED this _______ day of October, 2026.

______________________________
Randy J. Ervin, Mayor
ATTEST:

______________________________
Katrina Davis, City Clerk

Schedule 26-17 Assessment for the Expenses for Nuisance Abatement

Admin.
Fee

Total Amount
Assessed

$100.00
$100.00

$150.00
$150.00

$250.00
$250.00

$166,920
$134,400
$189,740

$100.00
$100.00
$100.00

$150.00
$150.00
$150.00

$250.00
$250.00
$250.00

1204 N 4th Ave E

$269,140

$100.00

$150.00

$250.00

835429026
835426029

608 E 26th St S
701 E 24th St S

$255,470
99,210

$100.00
$100.00

$150.00
$150.00

$250.00
$250.00

Joseph & Nicole Eddy

827377014

724 E 4th St N

223,760

$100.00

$150.00

$250.00

Harold Livengood

833453002

1100 Woodland Dr

$284,900

$100.00

$150.00

$250.00

Nationstar Mortgage LLC
Paragon Builds LLC

834187012
835429021

412 E 3rd St S
511 E 27th St S

$157,550
$92,280

$100.00
$100.00

$150.00
$150.00

$250.00
$250.00

John & Laura Penning
Chad & Sarah Winslow
Roy Bennett

833126020
834162019
834451034

1509 N 3rd Ave W
419 W 2nd St S
927 E 7th St S

$158,970
$164,960
$216,320

$100.00
$100.00
$150.00

$150.00
$150.00
$150.00

$250.00
$250.00
$300.00

TOTAL:

$3,800.00

Deed/Contract Holder

Net Assessed Abatement
Property Value
Fee

Parcel Number

Property Address

834152008
833279008

310 S 2nd Ave W
726 S 3rd Ave W

$147,310
$113,310

Ruth Kelly
826302017
Secretary of Housing and Urban833257029
Development
Secretary of Housing and Urban834253001
Development

807 E 12th St Pl N
325 W 8th St S
505 S 3rd Ave E

Reiya Galdino & Daniel Shebe 826355011
Tyler & Araina Blanchette
Randy Cline

Stacie Cleghorn
Nathaniel Hinrichs

Work Done

Legal

Date Abated

ORIGINAL PLAT S 1/2 LOT 7 BLK 18
Mow Grass/Trim Weeds
8/21/2026
WOODROW'S SD LOT 11 BLK 3
Mow Grass/Trim Weeds
8/21/2026
EMERSON HOUGH PLACE NO. 2, LOT
7 BLK J
Mow Grass/Trim Weeds
8/21/2026
JOY'S SD LOT 5 BLK B EX N 10'
Mow Grass/Trim Weeds
8/21/2026
SOUTH EAST ADD LOT 3 BLK C
Mow Grass/Trim Weeds
8/21/2026
EMERSON HOUGH PLACE LOT 6 BLK
E
Mow Grass/Trim Weeds
8/21/2026
AURORA HEIGHTS SD LOT 14 BLK W
& WESTERLY 10' TRACT OF LOT 13
Mow Grass/Trim Weeds
8/24/2026
AURORA HEIGHTS SD LOT 14 BLK O 8/24/2026
Mow Grass/Trim Weeds
LAMB & KENNEDY'S ADD LOT H BLK 1
EX E 10' & EX PARCEL B
Mow Grass/Trim Weeds
8/24/2026
ELM PARK AMENDED PLAT LOT 4
SECTION G EX E 20'
Mow Grass/Trim Weeds
8/24/2026
ORIGINAL PLAT S1/2 LOT 18 OUTLOT
20
Mow Grass/Trim Weeds
8/24/2026
AURORA HEIGHTS SD LOT 9 BLK W
Mow Grass/Trim Weeds
8/24/2026
HILLCREST PLACE PLAT 2, LOT 11
BLK D
Trim Weeds
8/24/2026
ORIGINAL PLAT LOT 17 OUTLOT 16
Mow Grass/Trim Weeds
8/24/2026
HARLAN'S SD LOT 12 BLK 5
Mow Grass/Trim Weeds
8/24/2026

City of Newton Council Report
Item:
Resolution fixing the amounts to be assessed against individual
private properties for the abatement of nuisance violations
(Schedule No. 26-18)
Summary:
The City of Newton abated some nuisances, such as tall
grass/weeds, trash, or snow. These costs remain unpaid by the
property owner(s) and should be assessed to the property taxes.
Financial Impact:
Cost Recovery: $2,643.00

Report Number: 2026-1102
Date:
October 19, 2026
Lead Department:
Police
Recommendation:
Approve

Background:
The City continues to work towards better curb appeal and improved aesthetics within the
community. The City abated violations that remained 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 properties for the abatement of nuisance violations.

Matt Muckler, City Administrator

RESOLUTION 2026- ______
RESOLUTION FIXING THE AMOUNTS TO BE ASSESSED AGAINST INDIVIDUAL
PRIVATE PROPERTIES FOR THE ABATEMENT OF NUISANCE VIOLATIONS
(SCHEDULE NO. 26-18)
WHEREAS, the City of Newton has abated nuisance violations at the addresses as found
in Schedule No. 26-18: 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 26-18: 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 26-18: 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
26-18: Assessment for the Expenses for Nuisance Abatement.
PASSED this _______ day of October, 2026.
APPROVED this _______ day of October, 2026.

_____________________________
Randy J. Ervin, Mayor
ATTEST:
_______________________
Katrina Davis, City Clerk

Schedule 26-18 Assessment for the Expenses for Nuisance Abatement

Deed/Contract Holder

Parcel Number

Property Address

Net Assessed Abatement
Property Value
Fee

Admin.
Fee

Total Amount
Assessed

Kenneth & Joni Barthelman
Jordan Goodknight

833454006
834186014

909 S 11th Ave W
311 E 3rd St S

$247,840
$173,070

$100.00
$100.00

$150.00
$150.00

$250.00
$250.00

Samuel Simons
Myron & Nancy Townsend
Jordan Goodknight
Michael Free
Tammy Smith
Samantha Thomas

833257010
833438008
834186014
834435008
834404027
828451009

228 W 9th St S
815 W 5th St S
311 E 3rd St S
717 E 10th St S
621 E 8th St S
1110 N 4th Ave W

$112,680
$103,080
$173,070
$93,360
$38,180
$95,660

$100.00
$100.00
$113.00
$100.00
$100.00
$162.00

$150.00
$150.00
$150.00
$150.00
$150.00
$150.00

$250.00
$250.00
$263.00
$250.00
$250.00
$312.00

Farrell Properties Inc
Brianne & Ryan Harmison

835283003
834230019

204 E 24th St S
130 E 8th St N

$7,900
$73,470

$150.00
$118.00

$150.00
$150.00

$300.00
$268.00

TOTAL:

$2,643.00

Work Done

Legal

Date Abated

ELM PARK AMENDED PLAT LOT 12
SECTION F
Mow Grass/Trim Weeds
8/31/2026
ORIGINAL PLAT LOT 7 OUTLOT 19
Trim Weeds
8/31/2026
JOY'S SD LOT 11 & S 2.5' OF LOT 12
BLK A
Mow Grass/Trim Weeds
8/31/2026
COLLEGE ADD LOT 7 BLK 11
Mow Grass/Trim Weeds
8/31/2026
ORIGINAL PLAT LOT 7 OUTLOT 19
Junk/Trash Removal
9/3/2026
LINCOLN PLACE ADD LOT 8 BLK 11
Mow Grass/Trim Weeds
9/14/2026
LINCOLN PLACE ADD LOT 6 BLK 13
Mow Grass/Trim Weeds
9/14/2026
LOT 3 SD SW SE
Junk/Weed Removal
9/14/2026
PARK PLACE CONDOMINIUMS
LOCATED ON PT PARCEL B BLK Q
AURORA HEIGHTS SD EX LOT 9 BLK Q
LYING WITHIN PARCEL B
Mow Grass/Trim Weeds
9/16/2026
LEE'S SD LOT 4
Junk/Garbage Removal
9/18/2026

City of Newton Council Report
Item:
Resolution approving performance agreements for the 2027
Summer Concert Series at the Maytag Bowl
Summary:
Approving summer concert series contracts
Financial Impact:
$4,300 from Parks General Fund Budget FY26-27 and $4,700
from Parks General Fund Budget FY27-28 (total $9,000)

Report Number: 2026-985
Date:
October 19, 2026
Lead Department:
Community Development
Recommendation:
Approve

Background:
Each year, the City of Newton hosts the free Thursday night concert series at Maytag Park. This
fun, weekly, summer-time event is enjoyed by citizens and visitors alike. It aligns with the City's
Vision and Strategic Objectives, articulated by Envision Newton 2042 (the City's comprehensive
plan). It helps the City reach it's object of establishing Newton "as a compelling destination..."
The 2027 Summer Concert Series at the Maytag Bowl will be held on Thursdays running from May
27, 2027 through July 29, 2027.
Concert Date, Performer and Cost:
May 27, 2027
June 3, 2027
June 10, 2027
June 17, 2027
June 24, 2027
July 1, 2027
July 8, 2027
July 15, 2027
July 22, 2027
July 29, 2027
Recommendation:
Staff recommends approval.

Matt Muckler, City Administrator

Newton City Band
BYOBrass
Newton City Band
Outlaw Express
Newton City Band
Newton City Band
Kinda Petty
Jason Brown
Rural Route
Claudia Coltrain

$600
$2,000
$600
$500
$600
$600
$900
$2000
$600
$600

RESOLUTION 2026- ______
RESOLUTION APPROVING PERFORMANCE AGREEMENTS FOR THE 2027
SUMMER CONCERT SERIES AT THE MAYTAG BOWL
WHEREAS, the 2027 Summer Concert Series at the Maytag Bowl will be held on
Thursdays running from May 27, 2027 through July 29, 2027; and
WHEREAS, Community Development staff reviewed the popularity of previous year’s
acts, and prepared a proposed schedule based on availability of the performers; and
WHEREAS, said agreements include:
Concert Date
May 27, 2027
June 3, 2027
June 10, 2027
June 17, 2027
June 24, 2027
July 1, 2027
July 8, 2027
July 15, 2027
July 22, 2027
July 29, 2027

Performer
Newton City Band
BYOBrass
Newton City Band
Outlaw Express
Newton City Band
Newton City Band
Kinda Petty
Jason Brown
Rural Route
Claudia Coltrain

Cost
$600
$2,000
$600
$500
$600
$600
$900
$2000
$600
$600

Check Payable to:
Newton City Band
BYOBrass LLC
Newton City Band
Danny Beeler
Newton City Band
Newton City Band
SRH Enterprises LLC
Bright Knight Group
Candice Ross
Claudia Rihner

WHEREAS, the total cost of the ten paid performances included in this resolution is
$9,000; with this cost to be paid from the Parks General Fund (Summer Concert Series) for
FY26-27 and FY27-28.
WHEREAS, City Staff recommends approval of this resolution authorizing the
Community Development Department to enter into performance agreements for ten scheduled
dates of the 2027 Summer Concert Series paying the performance fees from the Parks General
Fund.
NOW THEREFORE, BE IT RESOLVED by the City Council of Newton, Iowa, that this
resolution is approved authorizing the Community Development Director to execute the said
performance agreements, with the respective payment amounts be made by checks payable to
the names listed above.

PASSED this _______ day of October, 2026.
APPROVED this _______ day of October, 2026.

_____________________________
Randy J. Ervin, Mayor
ATTEST:
_______________________
Katrina Davis, City Clerk

City of Newton Council Report
Item:
Resolution Approving Payment to Annee Construction for the
Concrete Work for the Veteran’s Section 3 Monument at Newton
Union Cemetery
Summary:
Approving $7,925.00 payment for Vets 3 Monument concrete
work
Financial Impact:
$7,925.00 from donation funds and/or Newton Union Cemetery
Perpetual Care Funds

Report Number: 2026-1092
Date:
October 19, 2026
Lead Department:
Community Development
Recommendation:
Approve

Background:
The City of Newton owns Newton Union Cemetery. This means that it is, therefore, classified as a
Government Cemetery. Recent legislation (HF2634) created the government cemetery class, which
allows for more flexible use of perpetual care funds.
Various local veteran’s groups desire to collaborate with the City of Newton for the installation of a
memorial monument in Veteran’s Section 3 at Newton Union Cemetery includes three monolith and
two benches. Fundraising has commenced, and significant funds have been received.
Concrete foundation work is required prior to installing the three monoliths and two benches for the
monument. Quotes were sought for said concrete work and three quotes were received as follows:
• Annee Construction, Kellogg, IA $7,925.00
• Gibson Excavation & Sanitation, LLC, Newton, IA $8,900.00
• Karl Peters Construction, Monroe, IA $12,664.92

Recommendation:
Staff recommends approval of the resolution which authorizes the $7,925.00 payment to Annee
Construction of Kellogg, Iowa for the installation of concrete foundations for the memorial monument
in Veteran’s Section 3 at Newton Union Cemetery is hereby approved and shall be paid for using
donation funds and/or Newton Union Cemetery Perpetual Care Funds.

Matt Muckler, City Administrator

RESOLUTION 2026- ______

RESOLUTION APPROVING PAYMENT TO ANNEE CONSTRUCTION
FOR THE CONCRETE WORK FOR THE VETERAN’S SECTION 3
MONUMENT AT NEWTON UNION CEMETERY
WHEREAS, the City of Newton owns Newton Union Cemetery and is, therefore,
classified as a Government Cemetery;
WHEREAS, various local veteran’s groups desire to collaborate with the City of
Newton for the installation of a memorial monument in Veteran’s Section 3 at Newton
Union Cemetery includes three monolith and two benches;
WHEREAS, concrete foundation work is required prior to installing the three
monoliths and two benches for the monument;
WHEREAS, quotes were sought for said concrete work and three quotes were
received as follows:
•
•
•

Annee Construction, Kellogg, IA
Gibson Excavation & Sanitation, LLC, Newton, IA
Karl Peters Construction, Monroe, IA

$7,925.00
$8,900.00
$12,664.92

WHEREAS, Annee Construction of Kellogg Iowa provided the lowest quote for
said concrete work;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of Newton, Iowa,
that the $7,925.00 payment to Annee Construction of Kellogg, Iowa for the installation of
concrete foundations for the memorial monument in Veteran’s Section 3 at Newton
Union Cemetery is hereby approved and shall be paid for using donation funds and/or
Newton Union Cemetery Perpetual Care Funds.
PASSED this ______ day of October, 2026
APPROVED this ______ day of October, 2026

_____________________________
Randy J. Ervin, Mayor
ATTEST:
___________________________
Katrina Davis, City Clerk

City of Newton Council Report
Item:
Resolution approving a purchase and updated monitoring
agreement with Per Mar Security for the Public Works Shop
Building
Summary:
Approve the purchase of an upgraded cellular antenna and
approval of a new monitoring agreement with Per Mar Security.
Financial Impact:
$950.00 from Road Use Tax funds and an additional monthly fee
of $25.00 also from Road Use Tax funds.

Report Number: 2026-1093
Date:
October 19, 2026
Lead Department:
Public Works
Recommendation:
Approve

Background:
Newton Public Works stores and maintains its equipment and vehicles in the Public Works shop at
1700 N 4th Ave W. After-hours building security and fire detection are covered under an existing
agreement with Per Mar Security of Davenport, Iowa. Communication equipment has begun to fail,
necessitating an additional communication antenna for sending and receiving. This additional
equipment requires an updated agreement with Per Mar.
Per Mar has proposed a fire-rated cellular communicator and a cellular antenna to increase signal
strength. The installation cost is $950.00, and the monthly monitoring cost would increase from
$44.55 to $69.55. The agreement will remain in effect until voided by either party.

Recommendation:
Staff recommends approval of the quote from Per Mar Security of Davenport, Iowa, in the amount of
$950.00 and approval of the agreement for monthly monitoring with a fee of $69.55.

Matt Muckler, City Administrator

RESOLUTION NO. 2026-_______
RESOLUTION APPROVING A PURCHASE AND UPDATED MONITORING
AGREEMENT WITH PER MAR SECURITY FOR THE PUBLIC WORKS SHOP
BUILDING
WHEREAS, Newton Public Works stores and maintains its equipment and
vehicles in the Public Works shop at 1700 N 4th Ave W; and
WHEREAS, after-hours building security and fire detection are covered under an
existing agreement with Per Mar Security of Davenport, Iowa. Communication
equipment has begun to fail, necessitating an additional communication antenna for
sending and receiving; and
WHEREAS, this additional equipment requires an updated agreement with Per
Mar; and
WHEREAS, Per Mar has proposed a fire-rated cellular communicator and a
cellular antenna to increase signal strength. The installation cost is $950.00, and the
monthly monitoring cost would increase from $44.55 to $69.55. The agreement will
remain in effect until voided by either party.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of Newton, Iowa,
that the agreement with Per Mar Security of Davenport, Iowa, in the amount of Nine
Hundred Fifty Dollars and Zero cents ($950.00) for installation of a cellular
communicator and cellular antenna and the monthly monitoring rate of $69.55 be
accepted, and the Public Works Director is authorized to sign said agreement and all
costs to be paid with Road Use funds.

PASSED this ______ day of October, 2026.
APPROVED this ______ day of October, 2026.

Randy J. Ervin, Mayor
ATTEST:

Katrina Davis, City Clerk

CONFIDENTIAL
Date: 9/9/26
Quote valid for 30 days

QUOTE: Q169793
PREPARED BY:
Tommy Hockemeier
(515) 291-3875
[email protected]
permarsecurity.com

SITE LOCATION:
Newton Public Works Office
1700 N 4th Ave W
Newton, IA 50208

BILLING INFORMATION:
Newton Public Works Office
1700 N 4th Ave W
Newton, IA 50208
(641) 521-5375
[email protected]

SCOPE OF WORK
Installation
- Upgrade existing fire rated cellular communicator
- Cellular antenna to gain signal strength
Technician to check keypad while on site
*All Labor and Programing Included*
QUANTITY
1
1

11
10

11
30

DESCRIPTION
Cellular Antenna
Cellular Fire Communicator

SERVICES SUMMARY:
Current monthly recurring services: $ 44.55
Additional monthly recurring services: $ 25.00 (fire rated cellular communication)
New monthly recurring services total: $ 69.55
TOTAL:

$ 950.00

PLUS APPLICABLE TAXES

Please feel free to contact me at our office if you have any questions or concerns regarding this proposal.

City of Newton Council Report
Item:
Resolution accepting completion of the Landfill Lower Shop
Heater Installation Project
Summary:
Accepting completion of a project for the installation of heaters in
the lower shop at the Newton Sanitary Landfill.
Financial Impact:
$13,268.00 from Landfill Enterprise funds.

Report Number: 2026-1094
Date:
October 19, 2026
Lead Department:
Public Works
Recommendation:
Approve

Background:
The Newton Sanitary Landfill stores and maintains its equipment in a storage building on the east
side of the landfill. This building has undergone several improvements over the past 10 years,
including paving the existing floor and the construction of additional storage to keep supplies off the
ground. Staff proposed to heat and insulate the building to keep equipment at an above-freezing
temperature year-round. This would help prevent maintenance issues and extend the life of these
essential pieces of equipment.
The Lower Shop Heater Installation Project was proposed to the 28E members during the annual
budget workshop on February 10, 2026, where it received full support. City Council passed
Resolution 2026-180 on May 18, 2026, awarding the contract to Reeves Heating and Cooling Inc.,
of Newton, Iowa, in the amount of $13,268.00.
Reeves Heating and Cooling Inc., of Newton, IA, has completed the work in general compliance
with the terms, conditions, and stipulations of said contract.

Recommendation:
Staff recommends accepting the completion of the project and authorizes the Public Works Director
to execute payment of the retainer in the amount of $398.40 no sooner than 30 days after approval
of this resolution, should no claims be on file. Costs are to be paid from the Newton Sanitary Landfill
Enterprise Funds.

Matt Muckler, City Administrator

RESOLUTION NO. 2026-_______
RESOLUTION ACCEPTING COMPLETION OF THE LANDFILL LOWER SHOP
HEATER INSTALLATION PROJECT
WHEREAS, the Newton Sanitary Landfill stores and maintains its equipment in a
storage building on the east side of the landfill; and
WHEREAS, staff proposed to heat and insulate the building as the next step in
modernizing this building; and
WHEREAS, the Landfill Lower Shop Heater Installation Project was included in
the Landfill Enterprise Fund Budget; and
WHEREAS, the City Council of the City of Newton, Iowa passed Resolution
2026-180 on May 18, 2026, awarding a contract to Reeves Heating and Cooling Inc., of
Newton, Iowa in the amount of $13,268.00; and
WHEREAS, Reeves Heating and Cooling Inc., of Newton, IA, has completed the
work in general compliance with the terms, conditions, and stipulations of said contract;
and
WHEREAS, the final contract amount based on actual measured quantities of
work completed is $13,268.00.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of Newton, Iowa,
that the City of Newton hereby accepts the completion of the project, and authorizes the
Public Works Director to execute payment of the retainer in the amount of Three
Hundred Ninety-Eight Dollars and Forty Cents ($398.40) to be paid from the Newton
Sanitary Landfill Enterprise Funds to Reeves Heating and Cooling Inc. of Newton, Iowa,
no sooner than 30 days after approval of this resolution, should no claims be on file.

PASSED this ______ day of October, 2026.
APPROVED this ______ day of October, 2026.

Randy J. Ervin, Mayor
ATTEST:

Katrina Davis, City Clerk

City of Newton Council Report
Item:
Resolution Approving a Property Tax Rebate for the Theisen’s
Property Located at 3021 1st Ave E Within the East Mart Urban
Renewal Area
Summary:
Resolution Approving Property Tax Rebate to the Theisen’s
Property According to the Approved Development Agreement
Financial Impact:
$30,798 property tax rebate from the East Mart Urban Renewal
TIF Fund as budgeted

Report Number: 2026-1095
Date:
October 19, 2026
Lead Department:
Administration
Recommendation:
Approve

Background:
The City of Newton entered into a development agreement in December of 2021 with Theisen’s on
the property located at 3021 1st Ave E within the East Mart Urban Renewal Area. The Agreement
states that the City shall rebate 100% of all TIF property taxes paid by Theisen’s in Fiscal year
26/27.
Theisen’s has provided documentation that the 1st half of property taxes in the amount of $37,063
have been paid to the Jasper County Treasurer for FY 2026/27 for the property and the amount of
the 100% rebate from the TIF Fund would be $30,798.
Recommendation:
Staff recommends approval of the attached Resolution approving the tax rebate payment to
Theisen’s for property taxes paid in FY26/27.

Matt Muckler, City Administrator

RESOLUTION NO. 2026 – _______
RESOLUTION APPROVING A PROPERTY TAX REBATE FOR THE
THEISEN’S PROPERTY LOCATED AT 3021 1st Ave E WITHIN THE
EAST MART URBAN RENEWAL AREA
WHEREAS, the City of Newton (City) has established the East Mart Urban
Renewal Area; and
WHEREAS, a Development Agreement with Theisen’s was entered into in
December of 2021 on the property located at 3021 1st Ave E within the East Mart Urban
Renewal Area, and
WHEREAS, said Agreement states the City will provide to the Developer a 100%
TIF Property Tax Rebate in Fiscal Year 26-27, and
WHEREAS, the Developer has paid its property taxes for the 1st half of the fiscal
year 2026-2027 in the total amount of $37,063 and is eligible to receive a 100% TIF rebate
in the amount of $30,798;
NOW, THEREFORE, BE IT RESOLVED by the City Council of Newton, Iowa:
That, per the terms of the Development Agreement with Theisen’s, a property tax rebate
for the 1st half of fiscal year 2026-2027 property taxes in the amount of $30,798 is hereby
approved.

PASSED this 19th day of October, 2026.
APPROVED this _______ day of October, 2026.
______________________________
Randy J. Ervin, Mayor
ATTEST:
______________________________
Katrina Davis, City Clerk

City of Newton Council Report
Item:
Resolution Approving a Property Tax Rebate for the Van Maanen
Electric, Inc Property Located at 500 Iowa Speedway Drive Within
the East Mart Urban Renewal Area
Summary:
Resolution Approving Property Tax Rebate to the Van Maanen
Electric, Inc Property According to the Approved Development
Agreement
Financial Impact:
$21,053 property tax rebate from the East Mart Urban Renewal
TIF Fund as budgeted

Report Number: 2026-1096
Date:
October 19, 2026
Lead Department:
Administration
Recommendation:
Approve

Background:
The City of Newton entered into a development agreement in September of 2021 with Van Maanen,
Inc on the property located at 500 IA Speedway Drive within the East Mart Urban Renewal Area.
The Agreement states that the City shall rebate 25% of all TIF property taxes paid by Van Maanen
Electric, Inc. in Fiscal year 26/27.
Van Maanen Electric, Inc. has provided documentation that the 1st half of property taxes in the
amount of $101,343 have been paid to the Jasper County Treasurer for FY 2026/27 for the property
and the amount of the 25% rebate from the TIF Fund would be $21,053.
Recommendation:
Staff recommends approval of the attached Resolution approving the tax rebate payment to Van
Maanen Electric, Inc. for property taxes paid in FY26/27.

Matt Muckler, City Administrator

RESOLUTION NO. 2026 – _______
RESOLUTION APPROVING A PROPERTY TAX REBATE FOR THE VAN
MAANEN ELECTRIC, INC PROPERTY LOCATED 500 IOWA
SPEEDWAY DRIVE WITHIN THE EAST MART URBAN RENEWAL
AREA
WHEREAS, the City of Newton (City) has established the East Mart Urban
Renewal Area; and
WHEREAS, a Development Agreement with Van Maanen Electric, Inc was
entered into in September of 2021 on the property located at 500 Iowa Speedway Drive
within the East Mart Urban Renewal Area, and
WHEREAS, said Agreement states the City will provide to the Developer a 25%
TIF Property Tax Rebate in Fiscal Year 26-27, and
WHEREAS, the Developer has paid its property taxes for the 1st half of the fiscal
year 2026-2027 in the total amount of $101,343 and is eligible to receive a 25% TIF rebate
in the amount of $21,053;
NOW, THEREFORE, BE IT RESOLVED by the City Council of Newton, Iowa:
That, per the terms of the Development Agreement with Van Maanen Electric, Inc, a
property tax rebate for the 1st half of fiscal year 2026-2027 property taxes in the amount
of $21,053 is hereby approved.

PASSED this 19th day of October, 2026.
APPROVED this _______ day of October, 2026.
______________________________
Randy J. Ervin, Mayor
ATTEST:
______________________________
Katrina Davis, City Clerk

City of Newton Council Report
Item:
Resolution Approving Scope of Services Agreement and Contract
with Lund Fire Protection, Inc. of Norwalk, Iowa
Summary:
Resolution approving the scope of services agreement, City
Contract, and acceptance of fee schedule with Lund Fire
Protection, Inc. for review of the site and life-safety plans for
Project Fast Pitch
Financial Impact:
$17,500.00 to be paid from the permit fees collected for Project
Fastpitch.

Report Number: 2026-1115
Date:
October 19, 2026
Lead Department:
Fire
Recommendation:
Approve

Background:
The Fire Department is requesting the use of an independent contractor to complete the review of
site, fire and life-safety building, sprinkler, fire alarm, and kitchen hood suppression plans for the
Project Fastpitch. The review of these plans are highly specialized and require technical expertise in
modern fire codes as to how they pertain to this type of project.
The estimate provided for the work is as follows:
1. Site Plan Review: $300
2. Fire & Life Safety Review of Building Plans (assumes 299,000 square feet): $9,400
3. Sprinkler Plan Review (assumes 299,000 square feet): $3,750
4. Fire Alarm Plan Review (assumes 299,000 square feet): $3,750
5. Kitchen Hood Suppression Plan Review (per hood fee): $300
Recommendation:
Staff recommends approval of the resolution accepting the Scope of Services agreement and
contract with Lund Fire Protection, Inc. of Norwalk, Iowa.to be paid from the permit fees collected
from Project Fastpitch.

Matt Muckler, City Administrator

RESOLUTION NO. 2026 – _______
RESOLUTION APPROVING SCOPE OF SERVICES AGREEMENT
AND CONTRACT WITH LUND FIRE PROTECTION, INC. OF NORWALK,
IOWA
WHEREAS, the Fire Department is responsible for the review of life-safety and
code enforcement inspections under the International Fire Codes for the City of Newton,
and
WHEREAS, Project Fastpitch has submitted plans for their project, and
WHEREAS, the Fire Department’s goal is to have this technical review
completed quickly and accurately to keep this project on schedule, and
WHEREAS, Lund Fire Protection, Inc. of Norwalk, Iowa contracts for and has the
technical expertise to achieve our goal.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Newton, Iowa that the resolution is approved including the Scope of Services
Agreement, Newton City Contract, acceptance of the fee schedule, and payment of
$17,500.00 be authorized from the permit fees collected for Project Fastpitch.
PASSED this _______ day of October, 2026.
APPROVED this _______ day of October, 2026.

______________________________
Randy J. Ervin, Mayor
ATTEST:

______________________________
Katrina Davis, City Clerk

SCOPE OF SERVICES AGREEMENT
Between the City of Newton and Lund Fire Protection, Inc.
Date: 10/19/2026

Per section 104.7.2 of the 2015 International Fire Code, it is hereby requested that Lund
Fire Protection, Inc. (“Lund Fire Protection”) provide technical assistance to the City of
Newton by reviewing site and life safety plans to determine the acceptability of
technologies, processes, products, facilities, materials and uses attending the design,
operation or use of a building or premises.
This process will include the reviewing of specific submittal requirements as set forth by
Lund Fire Protection along with adopted International Fire Codes, International Building
Codes, NFPA standards and City of Newton local amendments.
Upon completion of the review, Lund Fire Protection will give a written detailed report to
the City of Newton advising of recommended changes, items missing from the reviewed
plans, and additional information required for acceptance of such plans by the City of
Newton. It is then the City of Newton’ responsibility and duty to follow through with the
recommendations contained in Lund Fire Protection’s report, to approve or disapprove
the reviewed plans, to require a re-submission of amended plans, and/or to request a
subsequent review by Lund Fire Protection. Lund Fire Protection’s written report is not
intended as an acceptance or denial of the reviewed plans, rather its sole purpose is to
advise the City of Newton of shortcomings or deficiencies to be considered by the City of
Newton in its review of the plans. One copy of the reviewed plans shall be kept on file
with Lund Fire Protection and one copy of the reviewed plans shall be forwarded back to
the City of Newton for archiving. In the event the plans are submitted by a contractor for
review by Lund Fire Protection, fees for service shall be handled directly between Lund
Fire Protection and the contractor submitting the plans for review. In the event the plans
are submitted by the City of Newton for review by Lund Fire Protection, fees for service
shall be handled directly between Lund Fire Protection and the City of Newton.
It is requested by the Newton Fire Department that Lund Fire Protection review
these plans with full acceptance of such plans only given by the Fire Chief or
designee.
LUND FIRE PROTECTION

CITY OF NEWTON

By: ______________________________

By:______________________________

Printed Name: _____________________

Printed Name: _____________________

Title: ____________________________

Title: ____________________________

LUND FIRE PROTECTION SERVICES AGREEMENT
THIS LUND FIRE PROTECTION SERVICES AGREEMENT (the “Agreement”)
is made at Newton, Iowa, on this _____ day of ____________, 2026 by and between the CITY
OF NEWTON, a municipal corporation (“City”) and LUND FIRE PROTECTION an Iowa
corporation ("Lund"), who agree as follows:
1.
Services. Subject to the terms and conditions set forth in this Agreement, Lund
shall provide to the reasonable satisfaction of City the services set forth in the Lund’s entitled
“Agreement Letter between Newton and Lund Fire Protection” dated ___-___-____ (hereafter,
the “Scope of Services”), which incorporated herein by this reference. Lund represents that it is
experienced in performing the work and will follow generally accepted professional standards in
performance of the work. All services provided shall conform to all federal, state and local laws,
rules and regulations and to the professional standards and practices. The terms and conditions
set forth in this Agreement shall control over any terms and conditions in the Scope of Services
to the contrary.
2.

Compensation, Fees and Term.

a.
Compensation for services is outlined in Lund Fire Protection Plan
Review Fee Schedule (hereafter, the “Fee Schedule”) which incorporated herein by this
reference.
This Agreement shall be effective for one year from the date of signing this
agreement, unless otherwise terminated as set forth herein. Lund and City agree that this
contract will continue year to year, except by written notice provided thirty (30) days prior to the
renewal date. Lund reserves the right to change/amend the Fee Schedule with thirty (30) days
written notice to City. Such changes may take place immediately if City agrees to changes.
b.
The referenced Fee Schedule shall include all costs, including, but not
limited to, all clerical, administrative, overhead, insurance, reproduction, telephone, travel, auto
rental, subsistence and all related expenses.
3.
Payment. Lund shall not commence any plan review activities until such
compensation is received from requesting contractor. City shall have no payment liability to
Lund for services provided.
4.
Change Orders. If building changes occur, and additional reviews are necessary,
additional review shall be considered as new projects, and new fees assessed to the contractor.
5.
Licenses. Lund represents that it and any subconsultants it may engage, possess
any and all licenses which are required under state or federal law to perform the work
contemplated by this Agreement.
6.
Independent Contractor. At all times during the term of this Agreement, Lund
shall be an independent contractor and not an employee of City. City shall have the right to
control Lund only insofar as the result of Lund’s services rendered pursuant to this Agreement.

City shall not have the right to control the means by which Lund accomplishes services rendered
pursuant to this Agreement. Lund shall, at its sole cost and expense, furnish all facilities,
materials and equipment that may be required for furnishing services pursuant to this Agreement.
7.
Consultant Not Agent. Except as City may specify in writing, Lund shall have
no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent.
Lund shall have no authority, express or implied, to bind City to any obligation whatsoever.
8.
Time of Completion. Lund shall employ all reasonable efforts to return
reviewed plans and related documents to City in ten (10) business days. Lund reserves the right
to extend the return time of any plan review due to the size and/or complexity of the plans.
10.
Products of Consultant. Upon completion of the review, Lund will provide a
written detailed report to City advising of changes, missing items and additional information
required for acceptance. The documents, materials, manuals, reports, plans and other products
produced or provided by Lund for this Agreement shall become the property of City upon
receipt. City may use, reuse or otherwise utilize such products without restriction.
11.
Conflicts of Interest. Lund agrees that it shall not make, participate in the
making, or in any way attempt to use its position as a consultant to influence any decision of City
in which Lund knows or has reason to know that Lund, its officers, partners, or employees have a
financial interest.
12.
Indemnity. In the event that City or Lund are subject to a civil action brought by
an individual or entity for events or transactions arising out of or related to this agreement, City
agrees to indemnify, defend and hold harmless Lund for any liability attributable to the
following:
a.
Any actions, duties, or obligations which were performed by City or were
otherwise the responsibility of City including, but not limited to, approval, disapproval, and/or
requirement of re-submission of new plans and related documents;
b.
Any recommendations made by Lund which comply with all federal, state
and local laws, rules and regulations as well as to the professional standards and practices of the
industry; and
c.
Any actions, duties, or obligations which do not fall under the scope of
this agreement and, as a result, were not the responsibility of Lund.
d.
However, the City is not responsible for negligence on part of Lund; it's
officers, employee's and agents.

2

13.

Insurance.

a.
Lund shall maintain during the life of this Agreement, comprehensive
general liability insurance or commercial general liability insurance written on an occurrence
basis providing for a combined single limit of $1,000,000 per occurrence for bodily injury, death
and property damage.
b.
Lund shall maintain during the life of this Agreement professional liability
insurance covering errors and omissions arising out of the performance of this Agreement with a
limit of $1,000,000 per claim. Lund agrees to keep such policy in force and effect for at least
two years from the date of completion of this Agreement.
c.
Lund will determine its own needs in procurement of insurance to cover
liabilities other than as stated above.
14.
Termination. Either party, acting through its City Fire Chief or his designee,
reserves the right to terminate this Agreement for any reason by giving thirty (30) days written
notice of intent to terminate the other party. Thirty (30) days after receipt of notice, Lund shall
cease work, unless the notice provides otherwise.
15.
Maintenance and Inspection of Records. In accordance with generally
accepted accounting principles, Lund and its subconsultants shall maintain reasonably full and
complete books, documents, papers, accounting records, and other information (collectively, the
“records”) pertaining to the costs of and completion of services performed under this Agreement.
The City and any of their authorized representatives shall have access to and the right to audit
and reproduce any of Lund’s records regarding the services provided under this Agreement.
Lund shall maintain all such records for a period of at least six (6) months after termination or
completion of this Agreement. Lund agrees to make available all such records for inspection or
audit upon fourteen (14) days notice from the City, and copies thereof shall be furnished if
requested. In the event that the City requests any records, the City is responsible for the costs
associated with the reproduction and acquisition.
16.
Attorneys' Fees. If any action at law or in equity is necessary to enforce or
interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable
attorneys' fees, costs, and necessary disbursements, in addition to any other relief to which it may
be entitled.
17.
Governing Law. This Agreement shall be construed in accordance with and
governed by the laws of the State of Iowa.
18.
Integration. This Agreement constitutes the entire agreement of the parties. No
other agreement, oral or written, pertaining to the work to be performed under this Agreement
shall be of any force or effect unless it is in writing and signed by both parties.

3

19.
No Third-Party Beneficiaries. It is expressly understood and agreed that the
enforcement of these terms and conditions shall be reserved to the City and Lund. Nothing
contained in the agreement shall give or allow any claim or right of action whatsoever by any
third person. It is the express intent of the City and Lund that any such person or entity, other
than the City or the Lund, receiving services or benefits under this agreement shall be deemed an
incidental beneficiary.
20.
Notice. Except as otherwise provided herein, all notices required under this
Agreement shall be in writing and delivered personally or by certified mail, postage prepaid, to
each party at the address listed below. Either party may change the notice address by notifying
the other party in writing. Notices shall be sent by U.S. Mail. Notices shall be deemed received
upon receipt of the return-receipt from the certified US Mail.
"LUND"

“CITY”

Lund Fire Protection
P.O. Box 459
Norwalk, Iowa 50211
Attn: Jonathan Lund, Vice President

City of Newton
101 W 4th St S
Newton, IA 50208
Attn Jarrod Wellik, Fire Chief

IN WITNESS of this Agreement, the parties have entered into this Agreement as of the
year and day first above written.
LUND FIRE PROTECTION

CITY OF NEWTON,

By: ______________________________

By: ______________________________

Printed Name: _____________________

Printed Name: _____________________

Title: ____________________________

Title: ____________________________

APPROVED AS TO FORM:

City Attorney

4

Plan Review Fee Schedule:
Effective October 1, 2025

Fire Alarm or Sprinkler System
1st Submittal
2,000 sq ft or less
$450
2,001 - 5,000 sq ft
$650
5,001 - 10,000 sq ft
$750
10,001 - 20,000 sq ft
$900
20,001 - 30,000 sq ft
$1,050
30,001 - 40,000 sq ft
$1,250
40,001 - 50,000 sq ft
$1,550
50,001 - 75,000 sq ft
$2,000
75,001 - 100,000 sq ft
$2,500
100,001 - 200,000 sq ft
$3,250
200,001 - 300,000 sq ft
$3,750
300,001 - 400,000 sq ft
$4,400
400,001 - 500,000 sq ft
$5,000
Each 100,000 sq ft (or portion thereof) over 500,000 sq ft
$950
Fire Pump (per fire pump)
$500
Standpipe Systems (if separate from sprinkler system)
$450
Hydraulic Calculation (review separate from plan review)
Included
Clean Agent, CO2, DryChem, or Other Suppression System
1st Submittal
500 sq ft or less
$950
501 - 2,000 sq ft
$1,250
2,001 - 5,000 sq ft
$1,550
5,001 – 10,000 sq ft
$2,000
10,001 – 25,000 sq ft
$2,500
Each 25,000 sq ft (or portion thereof) over 25,000 sq ft
$650
Kitchen Hood Suppression System (per hood)
$300
st
Fire and Life Safety Review of Building Plans
1 Submittal
5,000 sq ft or less
$650
5,001 - 10,000 sq ft
$1,250
10,001 - 25,000 sq ft
$1,550
25,001 - 50,000 sq ft
$2,000
50,001 - 75,000 sq ft
$3,250
75,001 - 100,000 sq ft
$4,400
Each 50,000 sq ft (or portion thereof) over 100,000 sq ft
$1,250
Site Plan
$300
Other Services not itemized here, Inquire for Hourly Rate

Re-submittals
$450
$450
$450
$450
$525
$625
$775
$1,000
$1,250
$1,625
$1,875
$2,200
$2,500
$475
$500
$450
$300
Re-submittals
$475
$625
$775
$1,000
$1,250
$325
$300
Re-submittals
$450
$625
$775
$1,000
$1,625
$2,200
$625
$300

Rush Plan Review (3-5 business days) are TWICE the normal base fee
If you have questions about how much the fee should be please contact Lund Fire Protection via email [email protected]
or call at (515) 981-0912 prior to submitting plans. Improper fee submittals will only delay plan review turn-around time.

“Working Together to Keep Your Community Safe”
P.O. Box 459
Norwalk, IA 50211
www.lundfp.com
(p) 515.981.0912
(e) [email protected]

City of Newton Council Report
Item:
Resolution approving the MyCity TMS annual software licensing
and maintenance agreement with General Traffic Controls Inc
Summary:
Approval of an annual software licensing and maintenance
agreement for the downtown traffic signal cameras.
Financial Impact:
$8,025.00 from Road Use Tax funds.

Report Number: 2026-1117
Date:
October 19, 2026
Lead Department:
Public Works
Recommendation:
Approve

Background:
The current licensing and maintenance agreement with General Traffic Controls, Inc. for seven
intersections on 1st Avenue through the Downtown Business District expires on 10-31-2026.
General Traffic Controls, Inc. (GTC) is proposing a one-year renewal of the supplemental
agreement for software licensing and maintenance from November 1, 2026, through October 31,
2027.
This agreement provides for automatic software upgrades, which reduce the need for service and
maintain the ability to utilize the remote camera system, which allows staff to quickly diagnose
possible vehicle detection issues.

Recommendation:
Staff recommends approving the MyCity TMS annual software licensing and maintenance
agreement with General Traffic Controls Inc. of Spencer, Iowa, in the amount of $8,025.00 to be
paid from Road Use Tax funds.

Matt Muckler, City Administrator

RESOLUTION NO. 2026-_______
RESOLUTION APPROVING THE MYCITY TMS ANNUAL SOFTWARE LICENSING
AND MAINTENANCE AGREEMENT WITH GENERAL TRAFFIC CONTROLS INC.
WHEREAS, the current licensing and maintenance agreement with General
Traffic Controls, Inc. for seven intersections on 1st Avenue through the Downtown
Business District expires on 10-31-2026; and
WHEREAS, General Traffic Control, Inc. is proposing a one-year renewal of a
supplemental agreement for software licensing and maintenance from November 1,
2026, through October 31, 2027; and
WHEREAS, this agreement provides for automatic software upgrades, which
reduce the need for service and maintain the ability to utilize the remote camera system,
which allows staff to quickly diagnose possible vehicle detection issues.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of Newton, Iowa,
that the Public Works Director is authorized to enter into an agreement with General
Traffic Controls Inc. of Spencer, Iowa, in the amount of $8,025.00 for a one-year
supplemental agreement for MyCity TMS (formerly Transparity) software licensing
and maintenance agreement, to be paid from Road Use Tax Funds.

PASSED this ______ day of October, 2026.
APPROVED this ______ day of October, 2026.

Randy J. Ervin, Mayor
ATTEST:

Katrina Davis, City Clerk

City of Newton Council Report
Item:
Resolution Directing City Staff and the Planning and Zoning
Commission to Study the Matter of Data Centers and Provide
Recommendation to the City Council
Summary:
Resolution directing staff and P&Z Commission to study data
centers
Financial Impact:
None; staff time.

Report Number: 2026-1118
Date:
October 19, 2026
Lead Department:
Community Development
Recommendation:
Approve

Background:
The role of the Community Development Department and the Planning and Zoning Commission is
to review applications for development, study planning and zoning related issues, and make
recommendations to the Newton City Council. In 2025, City Council directed the study of Urban
Chickens, which included significant citizen participation, resulting in an amended urban chicken
ordinance.
The matter of zoning for Data Centers is an issue that is prominent across the United States, and
the City of Newton Zoning Ordinance does not directly address land usage as it relates to Data
Centers.
This resolution directs City Staff and the Planning and Zoning Commission to prepare an in-house
study with recommendation to the City Council on the matter of Data Centers.
Recommendation:
Staff recommends approval.

Matt Muckler, City Administrator

RESOLUTION NO. 2026 – _______
RESOLUTION DIRECTING CITY STAFF AND THE PLANNING
AND ZONING COMMISSION TO STUDY THE MATTER OF
DATA CENTERS AND PROVIDE RECOMMENDATION TO THE
CITY COUNCIL
WHEREAS, the role of the Community Development Department and the
Planning and Zoning Commission is to review applications for development, study
planning and zoning related issues, and make recommendations to the Newton City
Council; and
WHEREAS, the matter of zoning for Data Centers is an issue that is prominent
across the United States; and
WHEREAS, the City of Newton Zoning Ordinance does not directly address land
usage as it relates to Data Centers;
NOW THEREFORE, BE IT RESOLVED by the City Council of Newton, Iowa,
that Community Development Staff and the Planning and Zoning Commission is hereby
directed to thoroughly study and review the City of Newton’s zoning ordinance with
regards to the matter of Data Centers.

PASSED this _______ day of October, 2026.
APPROVED this _______ day of October, 2026.

______________________________
Randy J. Ervin, Mayor

ATTEST:

______________________________
Katrina Davis, City Clerk

City of Newton Council Report
Item:
Resolution approving prizes for the Enchanted Nights Holiday
Lights event in Maytag Park
Summary:
Approving City in-kind prizes
Financial Impact:
No direct cost, in-kind

Report Number: 2026-1119
Date:
October 19, 2026
Lead Department:
Community Development
Recommendation:
Approve

Background:
In collaboration with Newton Main Street and the Newton Area Chamber of Commerce, the Parks &
Recreation Division will be hosting the Enchanted Nights Holiday Lights event at Maytag Park on
November 28 from 5:00 to 7:00 PM. The night will be filled with horse and carriage rides through
the park, live reindeer, food trucks, a S'mores station, hot chocolate, and games. This event is
closed to vehicle traffic.
One component of the event includes fun games with the opportunity to win prizes, and this
resolution authorizes a number of City in-kind prizes for the event. The prizes include:
1. Five (5) one-day pool passes
2. One (1) season pool pass
3. Two (2) one-hour simulator session at Westwood Golf Course
4. One (1) free sponsorship sign for Christmas Display
5. One (1) Get to Know Newton Swag gift bag.
The park opens to traffic on Sunday, November 29th at 6 pm with the traditional Clemon-Maki
sponsored opening night.
Recommendation:
Staff recommends approval.

Matt Muckler, City Administrator

RESOLUTION NO. 2026 – _______
RESOLUTION APPROVING PRIZES FOR THE ENCHANTED
NIGHTS HOLIDAY LIGHTS EVENT IN MAYTAG PARK
WHEREAS, in collaboration with Newton Main Street and the Newton Area
Chamber of Commerce, the Parks & Recreation Division will be hosting the Enchanted
Nights Holiday Lights event at Maytag Park on November 28 from 5:00 to 7:00 PM; and
WHEREAS, one component of the event includes fun games with the opportunity
to win prizes; and
WHEREAS, a number of City in-kind prizes will benefit the event;
NOW THEREFORE, BE IT RESOLVED by the City Council of Newton, Iowa,
that the following prizes are hereby authorized for Enchanted Nights Holiday Lights
Event as follows:
1.) Five (5) one-day pool passes
2.) One (1) season pool pass
3.) Two (2) one-hour simulator session at Westwood Golf Course
4.) One (1) free sponsorship sign for Christmas Display
5.) One (1) Get to Know Newton Swag gift bag.

PASSED this _______ day of October, 2026.
APPROVED this _______ day of October, 2026.

______________________________
Randy J. Ervin, Mayor

ATTEST:

______________________________
Katrina Davis, City Clerk

City of Newton Disbursements 10-20-2026
Vendor
Acushnet Company
Ag-Grow Plus Lawn Care
Ahlers & Cooney P C
Air Products and Chemicals Inc
Airgas USA LLC
Alliant Energy/IPL
Amazon Capital Services
American Legal Publishing Corporation
Anderson Larkin & Co PC
Anderson, Benjamin
Ascensus
Atlantic Bottling
Baxter Veterinary Clinic PC
Bestell, Brad
Bing Bang
Black Hills Energy
Bound Tree Medical LLC
Burdess, Rob
Caldwell Brierly & Chalupa PLLC
Card Services
Central Iowa Distributing Inc
Central Iowa Sales Inc
Consolidated Electrical Dist
Crisis Canines of the Midlands
D & K Products
Dannen, Ryan
Davis Equipment Corp
Dodd Trash Hauling & Recycling
Dunston, Elise
East Side Repair
Eastern Iowa Publications
EZ Lease
Fareway
Forbes Office Solutions
Franzen, Cynthia
Gilbert Lawn Care and Snow Removal LLC
Governmentjobs.com Inc
Grainger Inc
Gregg Young Auto Center
Hach Co
Hawkins Water Treatment
HD Supply Facilities Maintenance
HLW Engineering Group
Hotsy Cleaning Systems
Huffaker Garage Doors LLC
IA-AWWA
IMWCA
Interstate All Battery Center

Department
Golf
Airport
All
Water Treatment Plant
Fire
All
All
Administration
Finance
Utility Billing
Administration
Golf
Animal Control
Parks
Comm Marketing RESO:26-210
Maytag Pool/Parks
Fire
Police
D & D/Fairmeadows TIF
All
Water Pollution Control
Fire
2024 Water Rev Bond
Fire
Golf
D&D
Golf
Cemetery/Garbage
Utility Billing
Golf/Fire
All
Fire/WPC/Utility Billing
Police/Golf
All
Golf RESO:26-339
City Center/Library
All
Storm Water
Police
Water Treatment Plant
Water Treatment Plant
Parks
Landfill
Water Distribution
Street
Water Distribution/Watr Treat
All
Fire

Description
Merchandise
Service
Service
Supplies
Supplies
Utilities
Supplies
Services
Service
Refund
Service
Concessions
Service
Licenses
Services
Utility
Supplies
Reimbursement
Services
Services
Supplies
Supplies
Service
Service
Supplies
Services
Supplies
Service
Refund
Service
Service
Supplies
Supplies
Supplies
Service
Services
Services
Supplies
Service
Supplies
Supplies
Supplies
Supplies
Service
Service
Service
Service
Supplies

Amount
$ 1,592.49
$
538.58
$
770.00
$ 4,309.20
$
394.19
$ 109,552.32
$ 4,365.11
$
199.50
$ 12,500.00
$
28.22
$ 1,200.00
$
368.18
$
50.00
$
20.00
$ 23,778.12
$
164.48
$ 1,774.52
$
721.00
$
819.00
$ 9,684.98
$
457.00
$
284.50
$
240.00
$
100.00
$ 1,382.70
$ 1,500.00
$
154.62
$ 2,600.87
$
5.04
$
115.00
$ 1,982.96
$
475.00
$
29.73
$ 6,237.22
$
500.00
$ 1,776.00
$ 10,964.89
$
55.80
$
629.43
$
179.78
$ 2,762.00
$
626.96
$
714.00
$
357.47
$ 4,350.00
$
690.00
$ 16,975.10
$
106.20

Iowa Department of Transportation
Iowa Dept of Agriculture & Land Steward
Iowa Dept of Natural Resources
Iowa Division IAI
Iowa Groundwater Association
Iowa League of Cities
Iowa One Call
Iowa Plains Signing Inc
Iowa Police Chiefs Association
Iowa Prison Industries
Jasper County Extension
Jasper County Homeland Security
JETCO Inc
Johnson Aviation
Johnson, Emma & Gage Longacre
Key Cooperative
Lamson Dugan & Murray LLP
Language Line Services
Legacy Emergency Vehicles
Lucy's Pet Pantry
Magnum Automotive
Manatts - Brooklyn
Manfull Construction
Martin Marietta Materials
McCuen,Betty
Mcdougal, Mark & Amanda Miller
McMaster-Carr
Metering and Technology Solutions
Metro Waste Authority
Microbac Laboratories Inc
Midland Prairie Veterinary Services
Midwest Turf Support LLC
Mississippi Lime Company
Modlin,Alex
Modlite
Moredock, Ryan
MSA Safety Sales LLC
Municipal Supply Inc
Naber Print Company LLC
NAPA Auto Parts
NB Golf LLC
Newegg Business Inc
Newton Clinic PC
Newton Community School
Newton Development Corp
Niemann Foods
Nucor Harris Rebar Midwest LLC
O'Reilly Auto Parts
Per Mar Security Services
Phelps Uniform Specialists
Quill Corporation
RACOM Corporation

Street
Animal Control
Landfill
Police
Water Treatment Plant
Finance
WPC/Engineering
Water Pollution Control
Police
Cemetery
Water Treatment Plant
Fire
Water Treat/Water
Airport
Utility Billing
All
Legal Services
Police
Fire
Animal Control
Police
All RESO:26-124
D&D
Street
Fire
Utility Billing
Water Pollution Control
2024 Wtr Rev RESO:26-018
Landfill
Water Distribution/WPC
Animal Control
Golf
Water Treatment Plant
Fire
Police
Parks
Fire
Water Distribution
Utility Billing/Water Dist
All
Golf
Water Trea/Water Dist
Fire
Police
Executive
Parks/Streets/Water treat
Storm Water
WPC/Water treat
Street/Airport
Landfill/Fire
Administration
Police/Fire RESO:26-285

Supplies
Service
Service
Service
Service
Service
Service
Supplies
Service
Service
Service
Services
Service
Reimb
Refund
Fuel
Service
Service
Supplies
Service
Service
Supplies
Services
Supplies
Refund
Refund
Supplies
Supplies
Service
Service
Service
Supplies
Supplies
Refund
Supplies
Service
Supplies
Supplies
Service
Supplies
Supples
Supplies
Service
Service
Service
Supplies
Supplies
Supplies
Supplies
Supplies
Supplies
Service

$ 1,950.28
$
75.00
$ 28,642.95
$
175.00
$
100.00
$
120.00
$
211.00
$ 2,350.00
$
225.00
$ 1,479.00
$
45.00
$ 23,640.00
$ 1,535.00
$
138.77
$
5.04
$ 19,032.67
$
55.00
$
15.25
$
166.46
$ 1,050.00
$
39.67
$ 241,008.48
$
940.00
$
778.29
$
345.00
$
60.82
$
307.66
$ 50,757.20
$ 9,848.03
$ 6,682.95
$
314.50
$ 1,003.00
$ 18,567.04
$
948.33
$
127.95
$ 1,123.00
$ 1,375.51
$ 3,731.00
$
451.00
$
841.04
$ 1,144.00
$
359.96
$
210.00
$
5.15
$
80.00
$
48.59
$ 1,700.00
$
108.34
$
284.01
$
99.37
$
3.56
$ 26,459.15

Ray, Randy
Reeves Heating & Cooling
Reserve Account-Pitney Bowes
Rockmount
Ryan's Tire & Auto
Sangoma US
Schwarz, Shane
Seal, Joshua
Spahn & Rose Lumber Co
Spectrum Paint Company
Sprayer Specialties Inc
Stanard & Associates
State Steel of Des Moines
Streeter, Candace
Streichers
T Mobile
T2 Systems Inc
Tatman, Anthony
Theisen's
Town & Country Wholesale Co
TreviPay
Trinity Health Epic - PP
Two Rivers Cooperative
ULINE
Unified Contracting Services Inc
United Way of Jasper County
UnityPoint Health
Van Diest Supply Co
Van Maanen Electric Inc
Van Wall Equipment
Van Wert Company
Veenstra & Kimm Inc
Warnick Mechanical
Wellpoint
Xerox Corporation
Zimco Supply Company
Zoll

All
City Center/WPC
All
City Garage
Cemetery/City Garage
All
Water Pollution Control
Fire RESO:26-360
All
Maytag Pool
Parks
Police
Water Pollution Control
Finance
Police
All
Police
Fire
All
Golf
Landfill/Fire/Parks/WPC
Fire
All
Landfill
Airport
Executive
All
Cemetery
Airport
Parks/Streets/Cemetery
Utility Billing
Building
Water Distribution
Fire
Executive/Police
Golf
Fire

Services
Service
Supplies
Supplies
Supplies
Service
Reimbursement
Reimbursement
Supplies
Supplies
Supplies
Service
Supplies
Reimbursement
Supplies
Service
Service
Service
Supplies
Concessions
Supplies
Service
Fuel
Supplies
Service
Services
Service
Supplies
Supplies
Supplies
Service
Services
Service
Refund
Service
Supplies
Supplies
Grand total:

$ 2,894.14
$
860.50
$ 6,221.00
$
293.89
$ 1,502.00
$ 1,057.24
$
65.00
$ 16,759.28
$
306.15
$
72.62
$
55.93
$
66.50
$
588.00
$
68.82
$
34.00
$
834.82
$
11.62
$ 1,100.00
$ 1,229.19
$ 1,426.08
$ 2,922.61
$ 1,971.45
$ 13,173.81
$
102.00
$ 1,200.00
$
500.00
$
505.00
$ 1,197.50
$
247.50
$
321.39
$
940.00
$ 9,855.71
$ 3,790.00
$ 1,443.09
$
228.86
$ 2,579.75
$
501.84
$ 756,773.47

Pre-Authorized Payments
AT&T Mobility
Black Hills Energy
CRH Properties LLC
Jasper Point Plaza LLC
Lanphier Excavating LLC
Nehring Auto Inc
St Josephs Construction & Repair LLC
T Mobile
Uniti
Van Maanen Electric Inc
Total:

Landfill
Utilities
All
Utilities
N Central TIF RESO:2026-362
Tax Rebate
1st Ave E TIF RESO:2026-363
Tax Rebate
D&D/1st Ave E TIF RESO:2026-291 Retainage
1st Ave E TIF RESO:2026-364
Tax Rebate
Golf RESO:2026-321
Retainage
Fire
Utilities
All
Utilities
Landfill RESO:2026-203
Retainage

$
140.06
$
909.23
$ 1,435.00
$ 12,586.00
$ 2,722.36
$ 1,955.00
$
871.28
$
229.60
$ 1,487.68
$
985.50
$ 23,321.71

October 20, 2026 Expenses
General
Special
Other
Enterprise
Total:

$
$
$
$
$

204,973.07
284,978.31
25,202.85
264,940.95
780,095.18

July Revenues
General
Special
Other
Enterprise
Total

$
$
$
$
$

457,927.93
405,363.70
167,486.70
1,268,094.56
2,298,872.89

August Revenues
General
Special
Other
Enterprise
Total

$
$
$
$
$

492,272.11
417,725.76
865,502.39
1,362,777.63
3,138,277.89

City of Newton Council Report
Item:
Public Hearing on a resolution awarding contract for the W 8th St
Traffic Signal Upgrades Project
Summary:
Award contract to Iowa Signal, Inc for the W 8th St Traffic Signal
Upgrades Project.
Financial Impact:
$100,000.00 in Iowa DOT TSIP grant funds and $112,284.62
from the Road Use Tax fund.

Report Number: 2026-1110
Date:
October 19, 2026
Lead Department:
Public Works
Recommendation:
Approve

Background:
The traffic signal controller equipment at the intersection of W 8th St and 1st Ave W is nearing the
end of its useful life and is in need of replacement. In addition to being outdated, the signal does not
meet current ADA accessibility requirements. To assist disabled pedestrians in crossing
intersections, audible tones and countdown signals are commonly used.
The City of Newton was awarded an Iowa Department of Transportation (DOT) Traffic Safety
Improvement Program (TSIP) grant, which will pay $100,000 of the equipment costs. The remaining
project costs will be paid with Road Use Tax funds.
The following bids were received and opened on October 8, 2026:
Contractor
Total Bid (including Add-Alternate)
Iowa Signal, Inc. - Grimes, IA
$212,284.62
Van Maanen Electric Inc. - Newton, IA
$229,096.00
The engineer’s opinion of probable cost for the project is $205,800.00. The low bid was received
from Iowa Signal, Inc. of Grimes, IA, in the amount of $212,284.62. The total bid cost includes an
add-alternate for the installation of an emergency vehicle preemption system. The project has a
specified completion date of May 31, 2027.

Recommendation:
Staff recommends awarding the project, including the add-alternate, to the lowest responsive,
responsible bidder, Iowa Signals of Grimes, IA, in the amount of $212,284.62, to be paid with
$100,000.00 of Iowa DOT Traffic Safety Improvement Grant funds and $112,284.62 of Road Use
Tax funds.

Matt Muckler, City Administrator

RESOLUTION NO. 2026-_______
RESOLUTION AWARDING CONTRACT FOR THE
W 8TH ST TRAFFIC SIGNAL UPGRADES PROJECT
WHEREAS, the traffic signal controller equipment at the intersection of W 8th
St and 1st Ave W is nearing the end of its useful life and is in need of replacement. In
addition to being outdated, the signal does not meet current ADA accessibility
requirements; and
WHEREAS, the City of Newton was awarded an Iowa Department of
Transportation (DOT) Traffic Safety Improvement Program (TSIP) grant, which will
pay $100,000 of the equipment costs. The remaining project costs will be paid with
Road Use Tax funds; and
WHEREAS, sealed bids were received and opened on October 8, 2026; and
WHEREAS, Iowa Signal Inc. of Grimes, IA, was the lowest responsive,
responsible bidder for the W 8th St Traffic signal upgrades project in the amount of
$212,284.62.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of Newton, Iowa,
that the bid from Iowa Signal Inc. of Grimes, IA, in the amount of Two Hundred
Twelve Thousand Two Hundred Eighty-Four Dollars and sixty-Two Cents
($212,284.62) for the W 8th St Traffic Signal Upgrades project, as described in the
plans and specifications, is hereby accepted.
BE IT FURTHER RESOLVED, by the City Council of the City of Newton, Iowa,
that the Contract and Bond executed by Iowa Signal Inc. of Grimes, IA, for the W 8th
St traffic signal upgrades project as described by the plans and specifications filed in
the office of the City Clerk, be signed by the Mayor and City Clerk on behalf of the
City.

PASSED this ______ day of October, 2026.
APPROVED this ______ day of October, 2026.

Randy J. Ervin, Mayor
ATTEST:

Katrina Davis, City Clerk

City of Newton Council Report
Item:
First consideration of an Ordinance Amending the Code of
Ordinances, City of Newton, Iowa, 2025, Title VII, Chapter 70,
Section 70.15, "Traffic and Parking Schedules Adopted by
Reference", to make changes to street parking in the 500-700
Block of East Twenty-Fifth Street South
Summary:
Amendment to the parking ordinance in the 500-700 blk E 25st St
S to reflect no parking on the west side.
Financial Impact:
N/A

Report Number: 2026-1103
Date:
October 19, 2026
Lead Department:
Police
Recommendation:
Approve

Background:
The City received safety concerns from citizens regarding street parking in the 500–700 blk of E
25th St S. The complaints are a result of vehicles being parked on both sides of the street and is too
narrow to allow the current parking capacity and consistently allow vehicles free and safe passage.
A primary concern is that emergency vehicles may not be able to travel through this area on
emergency calls and there is a heightened risk of motor vehicle and pedestrian accidents as a result
of the current parking design. This area is also part of the bus route for Aurora Heights school and,
with vehicles parked on both sides, buses find it difficult to navigate between vehicles.
The 500-700 blk E 25th St S is only 25 feet wide and is not wide enough to safely accommodate
parking on both sides of the street, and allows space for vehicle traffic to safely yield to oncoming
traffic with vehicles parked on the west side of the street. The City of Newton Traffic Safety
Committee has reviewed the situation and, based on the existing policy for street parking
restrictions, recommends restricting parking on the west of the street. This will also be consistent
with the existing parking policy on E 23rd St S and E 22nd St S.
Surveys describing the recommended changes were sent to 30 adjacent property owners along E
25th St S. Surveys were returned with eight (8) residents agreeing with the recommended changes
and two (2) opposing the recommended changes, one (1) undecided.
Recommendation:
Staff recommends approval of this ordinance.

Matt Muckler, City Administrator

ORDINANCE NO. __________
ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF NEWTON, IOWA, 2025, TITLE VII,
CHAPTER 70, SECTION 70.15, “TRAFFIC AND PARKING SCHEDULES ADOPTED BY REFERENCE”, TO
MAKE CHANGES TO STREET PARKING IN THE 500-700 BLOCK OF EAST TWENTY-FIFTH STREET
SOUTH.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEWTON, IOWA:
Section 1. The Code of Ordinances, City of Newton, Iowa, 2025, Title VII, Chapter 70, Section 70.15, “Traffic
and Parking Schedules Adopted by Reference” is hereby amended by adding or deleting the following:
NO PARKING ZONES. No one shall stop, stand or park a vehicle in any of the following specifically designated
no parking zones except when necessary to avoid conflict with other traffic or in compliance with the direction of a
peace officer or traffic control signal.
STREETS, SOUTHEAST QUADRANT
East Twenty-Fifth Street South
"No Parking Anytime"
West side from South Third Avenue East south to South Fifth Eighth Avenue East.
School Days, 7:00 AM – 4:00 PM, East side from South Third Avenue East south to South Fifth Avenue
East. [Ord. 2492 Eff. 9/15/26]

Section 2. Repealer Clause. All ordinances or parts of ordinances in conflict herewith are hereby repealed.
Section 3. Severability Clause. If any section, provision or part of this ordinance shall be adjudged invalid or
unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision
or part thereof not adjudged invalid or unconstitutional.
Section 4. Effective. This ordinance shall be effective on ____________, 2026, after the final passage,
approval and publication as provided by law.
PASSED this ____ day of ______________________, 2026.
APPROVED this ____ day of ______________________, 2026.
(SEAL)
Randy J Ervin, 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 _______________________,
2026 and was published in the Newton Daily News, a newspaper of general circulation in the said City of Newton
on the _____ day of _______________________, 2026.
Dated this ____ day of _______________________, 2026.
Katrina Davis, City Clerk

September 23, 2026
Newton Resident
500-700 E 25th St S
Newton, Iowa 50208
RE:

Proposed change in Parking Status:
1. No Parking allowed on the west side in the 500-700 blk of E 25th St S.

Dear Resident:
The City of Newton has received safety concerns from citizens regarding street parking along the section
of street described above. This is caused by vehicles being parked on both sides of the road in the 500700 blk of E 25th St S. This is a 25-foot-wide street, which is not wide enough to safely accommodate
parking on both sides of the street and allow for free passage of emergency vehicles, commercial
vehicles, and other vehicles in the neighborhood.
The City of Newton Traffic Safety Committee has reviewed the situation. It has reached a consensus that
it is in the best interest of public safety to restrict parking as proposed above. As part of the City’s
assessment of this area, we would like to have input from the neighborhood as it relates to the traffic
pattern and the parking concerns outlined above.
We would appreciate your written comments on the issue utilizing the attached survey sheet. Please
send in your response by October 9, 2026. After receipt and consideration of citizen feedback, the issue
may be brought to the Newton City Council for consideration.
City of Newton
Traffic Safety Committee
101 W 4th St S
Newton, IA 50208
641-791-0850

City of Newton 101 W 4th St S, Newton, IA 50208 | (641) 792-2787| www.NewtonGov.org | www.GetToKnowNewton.com

City of Newton Council Report
Item:
Resolution approving an engineering professional services
agreement for the S 12th Ave W Reconstruction Project
Summary:
Approval of a professional services agreement to provide
engineering services for S 12th Ave W from W 18th St S to Hwy
14.
Financial Impact:
$149,000 from the Road Use Tax fund.

Report Number: 2026-1120
Date:
October 19, 2026
Lead Department:
Public Works
Recommendation:
Approve

Background:
S 12th Ave W between W 18th St S and Hwy 14 is nearing the end of its useful life. The PCC
pavement is beginning to deteriorate, resulting in a poor ride, an unattractive entrance to the
community, and requiring constant maintenance. Due to these issues, the roadway has been
included in the CIP and has been a goal in previous years' goal-setting workshops for replacement.
Staff has requested a scope and fee from Bolton & Menk to provide engineering services for the
project. While City staff could complete the survey and design of a pavement reconstruction project,
it's believed that Bolton & Menk is better suited for this project due to the additional components
needing to be designed. These additional items include the design of new traffic signal equipment
for the Hwy 14 intersection, an access study of the corridor to determine possible solutions to the
multiple entrances directly east of the intersection, and coordination with the DOT.
This project will be designed to Iowa DOT standards and then provided to the DOT who will insert
the project into the reconstruction of Hwy 14. The S 12th Ave W project will be a phase of the State
of Iowa project, meaning staff will not be responsible for bidding, project management, or
inspection.
The engineering for the project will be paid for with road use tax funds; future construction costs will
also be paid from road use taxes or federal aid funds due to this roadway being a federal-aid route.
Recommendation:
Staff recommends approval of the resolution approving a professional services agreement with
Bolton & Menk of Des Moines, IA, for the design of the S 12th Ave W Reconstruction Project.

Matt Muckler, City Administrator

RESOLUTION NO. 2026-_______
RESOLUTION APPROVING AN ENGINEERING PROFESSIONAL SERVICES
AGREEMENT FOR THE S 12TH AVE W RECONSTRUCTION PROJECT
WHEREAS, S 12th Ave W between W 18th St S and Hwy 14 is nearing the
end of its useful life. The PCC pavement is beginning to deteriorate, resulting in a
poor ride, an unattractive entrance to the community, and requiring constant
maintenance; and
WHEREAS, staff has requested a scope and fee from Bolton & Menk to
provide engineering services for the project. While City staff could complete the
survey and design of a pavement reconstruction project, it's believed that Bolton &
Menk is better suited for this project due to the additional components needing to be
designed; and
WHEREAS, additional items include the design of new traffic signal equipment
for the Hwy 14 intersection, an access study of the corridor to determine possible
solutions to the multiple entrances directly east of the intersection, and coordination
with the DOT; and
WHEREAS, this project will be designed to Iowa DOT standards and then
provided to the DOT who will insert the project into the reconstruction of Hwy 14. The
S 12th Ave W project will be a phase of the State of Iowa project, meaning staff will
not be responsible for bidding, project management, or inspection; and
WHEREAS, the engineering for the project will be paid for with road use tax
funds; future construction costs will also be paid from road use taxes or federal aid
funds due to this roadway being a federal-aid route.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Newton, Iowa, that the City of Newton hereby approves this resolution authorizing the
approval of professional services with Bolton & Menk of Des Moines, Iowa, for the
design work on the S 12th Ave W Reconstruction Project at the cost of $149,000.00 to
be paid from road use tax funds; and authorizes the Mayor to sign said agreement.

PASSED this ______ day of October, 2026.
APPROVED this ______ day of October, 2026.

Randy J. Ervin, Mayor
ATTEST:

Katrina Davis, City Clerk

EXHIBIT I
SCOPE OF SERVICES BY CONSULTANT
S 12TH AVENUE W RECONSTRUCTION
CITY OF NEWTON, IOWA
I. SCOPE OF SERVICES
Bolton & Menk, Inc., hereafter known as CONSULTANT, agrees to provide professional services required
for the engineering design of S 12th Avenue W from Highway 14 to W 18th Street S. The scope of work
included is as follows:
TASK I – DESIGN PHASE SERVICES
For purposes of this specific project, Design Phase Services to be provided by CONSULTANT are as
follows:
Subtask A – Project Initiation and Project Management
1. CONSULTANT will facilitate a project kick-off meeting with CLIENT staff to accomplish the
following:
a. Review and confirm the scope of the project
b. Review available information relative to the project
c. Review and discuss specific infrastructure issues and CLIENT’S current design standards
as they relate to the proposed improvements on this project
d. Review and verify project schedules
e. Conduct a field review of project area by CONSULTANT and CLIENT representatives
2. CONSULANT will coordinate progress with CLIENT after the initial kickoff meeting. These
meetings will discuss findings, issues, schedule, and needs to keep the project progressing.
3. CONSULTANT will provide project and contract administration services throughout the duration
of the project.
4. CONSULTANT will facilitate project communication throughout the duration of the project.
(Including distributing meeting minutes in a timely manner).
5. CONSULTANT will manage any required subconsultant contracts needed to complete the design
and construction of the project.
6. CONSULTANT will coordinate with Iowa DOT as needed to complete the design and construction
of the project.
7. CONSULTANT will identify private utility conflicts and required relocation during design. It is
understood that existing utility locations will be taken from as constructed information or as marked
in the field.
a. During the field data collection phase, CONSULTANT will complete an Iowa One Call to
identify the utilities within the project corridor. CONSULTANT will attend one (1) inperson utility coordination meetings with affected utilities to review the proposed
construction and identify conflicts and required relocation. Utility coordination will be
discussed again at the preconstruction meeting.

Page 1

b. CONSULTANT will prepare an existing conditions mapping, and project public utility
removal plans for inclusion in the construction documents.
Subtask B – Traffic Signal Design/ Access Study and Management
1. CONSULTANT will organize and conduct an informational meeting with the CLIENT. This
meeting will coordinate signal design and CLIENT requests.
2. CONSULTANT will conduct a field Investigation
3. CONSULTANT will develop Signal Equipment Plans including, but not limited to, quantities
and bid items.
4. CONSULTANT will perform specific traffic engineering tasks focused on the access along S 12th
Avenue W that will provide the level of detail needed to show the Iowa DOT.
a. CONSULTANT will evaluate existing conditions
i. Meet with Casey’s and AMOCO regarding fuel truck routing on the existing sites
ii. Collect 5 years of crash data from Iowa DOT ICAT
iii. Review existing access spacing on S 12th Ave W
b. CONSULTANT will verify access requirements from the Iowa DOT and SUDAS for
intersection spacing
c. CONSULTANT will analyze US Highway 14/S 12th Ave W Intersection Operations
i. Collect 13 hour traffic count at intersection
ii. Perform turn lane warrants for the intersection of US Highway 14/S 12th Ave W
iii. Perform planning level operational analysis for S 12th Ave W
iv. Develop options for access changes and turn lane changes as needed
d. CONSULTANT will develop concept layout and cost estimate of preferred option
e. CONSULTANT will attend meeting with City staff and/or Iowa DOT to review results
Deliverables:
Preparation of Memo detailing study results
Subtask C – Data Collection
1. CONSULTANT will collect topographic survey of the S 12th Ave W corridor public ROW which
will include:
a. Horizontal and vertical location of existing surface improvements
b. Horizontal and vertical location of CLIENT utilities – sanitary sewer, watermain and
storm sewer
c. Locate private utilities (natural gas, telephone, CATV, electric, watermain, etc.) based on
field marking or other information from utility owners
d. Identify property corners to determine ROW limits
e. Survey existing ground to create surface model and contours for the site.
f. CAD drafting to create project mapping of the project area.
Deliverables:
Base map in PDF and CAD format
Subtask D – Construction Drawings
1. CONSULTANT will complete all aspects of design needed for the construction of the S 12th Ave
W Corridor. 60% (Preliminary) and 90% (Final) plans and specifications will be provided to the
City for review and approval. CONSULTANT will also submit plans as required by Iowa DOT.
The plan elements include:
Page 2

a. Title and General Information Sheets (A Sheets). The title sheets will include the
following: index of sheets, revisions, legend, location map, project number, design
traffic data.
b. Typical Cross Sections (B Sheets). The typical Cross Sections will include but not be
limited to typical sections for the proposed grading, drainage and paving improvements.
The Typical Cross Sections will be used for the proposed improvements as well as
determination of the limits that each section will apply.
c. Estimate of Quantities (C Sheets). This includes determination of the bid items to be
included in the project, along with an estimate of quantities for each item. Estimate
Reference Notes (ERN) will be developed to assist the contractor in bidding the project.
Erosion Control and Restoration sheets will be included in the C sheets. Sheets include
the design of erosion control measures and surface restoration to be provided on the
Project.
d. Plan and Profiles (D Sheets). Plan and profile sheets will show the existing and
proposed horizontal and vertical roadway alignment of the corridor. Proposed Right-ofWay and Construction Easement limits based on the catch point lines will be shown. The
scale of these sheets will be 1”=20’.
e. Traffic Control and Staging (J Sheets). Plan includes anticipated construction
scheduling and staging of the Project, highlighting traffic control measures to be
implemented during construction. Staging plan shall include provisions for maintaining
access to adjacent properties during construction. The traffic control devices, procedures,
and layouts shall be as per the Manual of Uniform Traffic Control Devices (MUTCD).
f. Intersection Geometrics (L Sheets). Plans will refine intersection geometric layouts
and provide additional horizontal and vertical survey information needed to construct the
intersections. The scale of these plan sheets will be 1”=20’.
g. Removal Plans (R Sheets). This includes the design and drafting of the removal limits
of the existing infrastructure inside of the project area. The plan includes the removals of
pavement, underground utilities.
h. Detailed Cross Sections (W & X Sheets). This task consists of design and drafting
associated with the assembly of detailed cross sections (25’ increments) to illustrate
typical conditions, drainage designs, and non-typical conditions as needed for guidance
during design, review, and quantity estimating purposes.
2. Project Manual: CONSULTANT will prepare a project manual for the project in accordance with
Iowa SUDAS and City of Newton standards. Project Manual will be provided at the 90% design
phase.
3. Engineer’s Estimate: CONSULTANT will prepare an Opinion of Probable Cost (OPC) with
breakdowns provided for the various construction elements. An OPC will be provide at the 60%
and 90% Design phases.
4. CLIENT Review: Plans will be reviewed with CLIENT at the 60%, and 90% complete stages.
The project manual will be reviewed with CLIENT at the 90% complete stage. If required,
changes will be made to the contract documents based on CLIENT’s review and comments. It is
assumed that easement and right-of-way design will commence at the 60% complete stage of plan
set production. The final contract documents will be presented to CLIENT for approval.
A. CONSUTLANT provide acquisition plats to CLIENT for any temporary or permanent
acquisitions and easements. These will be provided at the 60% design phase.
Subtask E – Bidding Phase
CONSUTLANT will provide the following bidding assistance:
Page 3

A. Assist CLIENT in the preparation of advertisement for bids and submittal to the local newspaper
and other required publications, secure affidavits of publication
B. Address questions from prospective bidders, subcontractors and suppliers, and prepare and issue
addenda as required.
C. If requested by CLIENT, CONSULTANT will conduct a pre-bid meeting for prospective
bidders, subcontractors, or suppliers.
D. Assist CLIENT with the public opening and reading of the bids.
E. Review bids and prepare bid tabulation and abstract of all bid items.
F. Conduct pre-award review of the low bidder and significant subcontractors and perform other
research to investigation capabilities and qualifications of the low bidder.
G. Assist CLIENT in preparing recommendation for CLIENT Council regarding the award of the
bid. CONSULTANT will attend CLIENT Council meeting to answer any questions regarding the
recommendation.
II. HOURLY RATE SERVICES
The following services shall be provided at CONSULTANT’s standard hourly rate and a fee estimate
shall be developed and mutually agreed upon prior to commencement of work:
III. PROPOSED SCHEDULE
The anticipated project schedule is as follows, with additional dates inserted to accommodate CLIENT
review:
• Topographic Survey: NDecember 2026
• 60% Design Review: April 2027
• 90% Design Review: June 2027
• Bidding Phase: TBD
• Construction Award: TBD
• Construction Start: TBD
• Construction Completion: TBD

IV. ESTIMATED FEES:
The fees for the completion of the above scope are:
Task I – Design Phase Services:
Subtask A
$26,500
Subtask B
$53,000
Subtask C
$12,500
Subtask D
$53,000
Subtask E
$4,000
TOTAL=
$149,000

Page 4

City of Newton Council Report
Item:
Resolution to Approve Urban Renewal Plan Amendment for the
2019 Sports Entertainment Urban Renewal Area
Summary:
Amending the 2019 Sports Entertainment Urban Renewal Area
Financial Impact:
None, amending a plan

Report Number: 2026-1121
Date:
October 19, 2026
Lead Department:
Community Development
Recommendation:
Approve

Background:
The City Council previously established the 2019 Sports Entertainment Urban Renewal Area and
adopted an urban renewal plan for the governance of initiatives and projects therein.
The Circle Development, LLC is requesting an amended development agreement for Project
Fastpitch, a large softball complex to be located near the Iowa Speedway. The Circle Development,
LLC recently purchased the land on which the facility will be constructed and submitted site plans
and building plans to the City, which are currently under review.
As the project has evolved and The Circle Development, LLC worked to obtain financing in order to
move the project forward, discussions on the development agreement have continued to take place
between the development team, City staff and the City's elected officials. As a result of those
discussions, the development team has requested that the City Council consider an incentive in the
form of a forgivable loan rather than a TIF rebate. In order for the City Council to be able to consider
amending the development agreement, it is necessary to amend the 2019 Sports Entertainment
Urban Renewal Area.
This resolution approves the plan amendment, which is necessary to consider the 4th amendment
to the development agreement, and establishes the findings related to the amendment.
Recommendation:
City staff was more comfortable with a TIF rebate, which was the type of incentive approved in the
third amended development agreement, rather than a forgivable loan, which is the type of incentive
proposed in the fourth amended development agreement. City elected officials have indicated an
interest in moving the project forward and expressed an interest in considering a forgivable loan. It
is up to the City Council to decide whether or not to move forward with this urban renewal area plan
amendment, which would be necessary in order to consider the fourth amended development
agreement.

Matt Muckler, City Administrator

October 12, 2026

VIA EMAIL
Matt Muckler
City Administrator/City Hall
Newton, IA
Re:

2019 Sports Entertainment Urban Renewal Area (October, 2026 Amendment)
Our File No. 504612-70

Dear Matt:
Attached please find proceedings covering the City Council’s action in adopting a
resolution to approve the October, 2026 urban renewal plan amendment.
We will appreciate receiving executed copies of these proceedings as soon as they are
available. Please contact John Danos or me if you have any questions.
Kind regards,
Amy Bjork
Attachments
cc:

Lisa Frasier
Erin Chambers
Katrina Davis

801 Grand Avenue | Suite 4100 | Des Moines, IA | 50309-2790 | T 515.283.1000 | F 515.283.1060 | dorsey.com

Newton/ 504612-70/UR Amend No Adds

APPROVAL OF 2026 AMENDMENT TO
THE 2019 SPORTS ENTERTAINMENT
URBAN RENEWAL AREA
504612-70
Newton, Iowa
October 19, 2026
The City Council of the City of Newton, Iowa, met on October 19, 2026, at ___:___ p.m.,
at the ______________________________________, in the City.
The Mayor presided and the roll being called the following members of the City Council
were present and absent:
Present:
Absent:

.

Council Member ______________________ moved the adoption of a resolution entitled
“Resolution to Approve Urban Renewal Plan Amendment for the 2019 Sports Entertainment
Urban Renewal Area,” seconded by Council Member ________________. After due
consideration, the Mayor put the question on the motion and the roll being called, the following
named Council Members voted:
Ayes:
Nays:

.

Whereupon, the Mayor declared the resolution duly adopted and signed approval thereto.

-1DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA

Newton/ 504612-70/UR Amend No Adds

RESOLUTION NO.______
Resolution to Approve Urban Renewal Plan Amendment for the 2019 Sports
Entertainment Urban Renewal Area
WHEREAS, as a preliminary step to exercising the authority conferred upon Iowa cities
by Chapter 403 of the Code of Iowa (the “Urban Renewal Law”), a municipality must adopt a
resolution finding that one or more slums, blighted or economic development areas exist in the
municipality and that the development of such area or areas is necessary in the interest of the
public health, safety or welfare of the residents of the municipality; and
WHEREAS, the City Council of the City of Newton, Iowa (the “City”) by resolution
previously established the 2019 Sports Entertainment Urban Renewal Area (the “Urban Renewal
Area”) and adopted an urban renewal plan (the “Plan”) for the governance of initiatives and
projects therein; and
WHEREAS, an amendment (the “Amendment”) to the Plan has been prepared which
updates the description of the City’s Sports Entertainment Complex Development Project
previously approved in the September, 2019 Amendment to the Plan and updated in the
December, 2020 and June, 2024 Amendments to the Plan; and
NOW, THEREFORE, It Is Resolved by the City Council of the City of Newton, Iowa, as
follows:
Section 1.

It is hereby determined by this City Council as follows:

A.
The proposed Amendment and the projects and initiatives described
therein conform to the general plan of the municipality as a whole;
B.
The proposed economic development projects described in the
Amendment are necessary and appropriate to facilitate the proper growth and
development of the City in accordance with sound planning standards and local
community objectives; and
C.
It is not anticipated that families will be displaced as a result of the City’s
undertakings under the Amendment. Should such issues arise in the future, then the City
will ensure that a feasible method exists to carry out any relocations without undue
hardship to the displaced and into safe, decent, affordable and sanitary housing.
Section 2.
respects approved.

The Amendment attached hereto and made a part hereof, is hereby in all

-2DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA

Newton/ 504612-70/UR Amend No Adds

Section 3.
All resolutions or parts thereof in conflict herewith are hereby repealed, to
the extent of such conflict.
Passed and approved October 19, 2026.

Mayor
Attest:

City Clerk
(Attach copy of the urban renewal plan amendment to this resolution.)
••••
Upon motion and vote, the meeting adjourned.

Mayor
Attest:

City Clerk

-3DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA

Newton/ 504612-70/UR Amend No Adds

STATE OF IOWA
JASPER COUNTY
CITY OF NEWTON

SS:

I, the undersigned, do hereby certify that I am the duly appointed, qualified and acting
City Clerk of the City of Newton, Iowa and that as such I have in my possession or have access
to the complete corporate records of the City and of its officers; and that I have carefully
compared the transcript hereto attached with the aforesaid records and that the attached is a true,
correct and complete copy of the corporate records relating to the action taken by the City
Council preliminary to and in connection with approving the urban renewal plan amendment for
the 2019 Sports Entertainment Urban Renewal Area in the City.
WITNESS MY HAND this ___ day of ______________________, 2026.

City Clerk

-4DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA

Newton/504612-70/UR Plan Amend

CITY OF NEWTON, IOWA
URBAN RENEWAL PLAN AMENDMENT
2019 SPORTS ENTERTAINMENT URBAN RENEWAL AREA
October, 2026
The Urban Renewal Plan (the “Plan”) for the 2019 Sports Entertainment Urban Renewal
Area (the “Urban Renewal Area”) for the City of Newton, Iowa (the “City”) is being amended for
the purpose of updating the description of the City’s Sports Entertainment Complex Development
Project.
1) Update Description of the Sports Entertainment Complex Development Project.
The description of the Sports Entertainment Complex Development Project is hereby updated, as
follows:
Name of Project:

Sports Entertainment Complex Development Project

Date of Council Approval of Project:
September 3, 2019, as updated
December 21, 2020; June 17, 2024; and October 19, 2026
Description of Project and Project Site: The Circle Development, LLC (the
“Developer”) has proposed to undertake the development of a sports, recreation,
entertainment, and hospitality complex (the “Project”) on certain real property more
particularly described on Exhibit A hereto (the “Development Property”).
It has been requested that the City provide tax increment financing assistance to the
Developer in support of the efforts to complete, operate and maintain the Project.
The costs incurred by the City in providing tax increment financing assistance to the
Developer will include legal and administrative fees (the “Admin Fees”) associated with
the initiation, authorization and carrying out of the City’s participation therein in an amount
not to exceed $30,000 (increased from $15,000 in the December, 2020 Amendment to the
Plan).
Description of Use of TIF for the Project: The City has entered into a Development
Agreement (the “Agreement”) with the Developer with respect to the construction,
operation and maintenance of the Project. The City intends to provide an economic
development forgivable loan (the “Forgivable Loan”) to the Developer under the
Agreement. The Forgivable Loan will be funded with borrowed funds and/or internal
advances of City funds on hand. In any event, the City’s obligations (the “Obligations”)
may be repaid with incremental property tax revenues to be derived from the Urban
Renewal Area. It is anticipated that the City’s total commitment of incremental property
tax revenues with respect to the Forgivable Loan will not exceed $7,000,000, plus the
Admin Fees and any interest incurred by the City on the Obligations.

-14911-4005-3976\2

2) Required Financial Information. The following information is provided in
accordance with the requirements of Section 403.17 of the Code of Iowa:
Constitutional debt limit of the City:
Outstanding general obligation debt of the City:
Proposed maximum indebtedness to be incurred in
connection with this October, 2026 Amendment:

$70,189,379
$35,840,000__
$ 7,030,000

*It is anticipated that some or all of the debt incurred hereunder will be subject to annual
appropriation by the City Council.

-24911-4005-3976\2

Newton/504612-70/UR Plan Amend

EXHIBIT A
DEVELOPMENT PROPERTY DESCRIPTION
Certain real property situated in the City of Newton, Jasper County, State of Iowa,
more particularly described as follows:
Parcel 1, 2, & 3:
Parcel ID:
1301100004, 1301300001, 1301300002
Legal: All that part of the Southwest Quarter of the Northwest Quarter of Section 1,
Township 79 North, Range 19 West of the 5th P.M., Jasper County, Iowa, now located
inside the corporate limits of Newton, Iowa, lying South of Interstate Highway 80; and,
Commencing at the Northwest Corner of the North one-half of the southwest Quarter of
Section 1, Township 79 North, Range 19 West of the 5th P.M., Jasper County, Iowa, and
running thence South along the west line of said Section, a distance of 46 rods, thence East
to a point 34 rods and 13 feet East of the West line of said Section, thence North 46 rods,
and thence West 34 rods and 13 feet to the point of beginning, subject to that certain
Roadway Acquisition and Easement for the Construction and Maintenance of Sanitary
Sewer Facility dated 8/11/83 and appearing of record in Book 849 at Page 370 in the office
of the Recorder of Jasper County, Iowa, and further subject to easements, restrictions,
reservations and roadways of record or in obvious use, if any.
Parcel 4:
Parcel ID:
1301300011
Legal: Parcel B located in the Northwest Quarter of the Southwest Quarter of Section1,
Township 79 North, Range 19 West of the 5th P.M., Jasper County, Iowa, as appears in plat
recorded in Book A, Page 541, in the office of the Recorder of said County; EXCEPT That
part conveyed to the City of Newton, Iowa by Warranty Deed recorded at Document No.
2009-5719 in the office of the Recorder of said county.
Parcel 5:
Parcel ID:
1301300012
Legal: Parcel A located in the Northeast Quarter of the Southwest Quarter and the
Northwest Quarter of the Southeast Quarter of Section 1, Township 79 North, Range 19
West of the 5th P.M., Jasper County, Iowa, as appears in plat recorded in Book A, Page
541, in the office of the Recorder of said County.

-34911-4005-3976\2

City of Newton Council Report
Item:
Resolution Approving Fourth Amended Development Agreement
with The Circle Development, LLC
Summary:
Fourth amendment to the development agreement, changing a
tax rebate incentive to a forgivable loan incentive.
Financial Impact:
Changing the structure of City investment from tax rebate to
forgivable loan in the amount of $7,000,000 which would not be
provided until the project receives a certificate of occupancy, and
thus generating taxes.

Report Number: 2026-1097
Date:
October 19, 2026
Lead Department:
Community Development
Recommendation:
Approve

Background:
The City and Circle Development, LLC (Project Fast Pitch) entered into an amended development
agreement, dated December 23, 2021 (the “First Amended Agreement”), which (1) updated the
provisions related to the Assessment Agreement (as defined in the Original Agreement); (2)
adjusted the time period during which the City would make incremental property tax payments to the
Company; and (3) made other related changes.
Then, the City and developer entered into a second amended development agreement, dated
December 19, 2022 (the “Second Amended Agreement”), which (1) updated the completion date of
the Project; (2) updated certain provisions related to the Assessment Agreement (as defined in the
First Amended Agreement); (3) adjusted the time period during which the City would make
incremental property tax payments to the Company; and (4) made other related changes; and
Next, the City and the Company entered into a third amended development agreement, dated June
17, 2024 (the “Third Amended Agreement”), which (1) updated the completion date of the Project;
(2) updated certain provisions related to the Assessment Agreement (as defined in the Second
Amended Agreement); (3) adjusted the time period during which the City would make incremental
property tax payments to the Company; (4) increased the amount of incremental property tax
payments to the Company; and (5) made other related changes.
Now, as the project is nearing the point of breaking ground and the Company's financial stack is
being finalized, the developer requested that the structure of the City's assistance to the project be
revised. Specifically, the developer proposed to amend the Third Amended Agreement to provide
for economic development assistance to the Company in the form of a forgivable loan (the
“Forgivable Loan”) in an amount not to exceed $7,000,000 in lieu of tax rebates.
Within the structure of the development agreement, there is protection to the City's investment in
that the forgivable loan is not issued until the facility is constructed, a certificate of occupancy is
issued, a general manager is on staff, and the first event is scheduled. This ensures that the project
is complete and in a position to start paying property taxes, which will be used for the payment of
the forgivable loan.
The development agreement stipulates a $25,000,000.00 minimum assessment for the project for
the life of the agreement.

Recommendation:
City staff was more comfortable with a TIF rebate, which was the type of incentive approved in the
third amended development agreement, rather than a forgivable loan, which is the type of incentive
proposed in the fourth amended development agreement. City elected officials have indicated an
interest in moving the project forward and expressed an interest in considering a forgivable loan. It
is up to the CIty Council to decide whether or not to approve the fourth amended development
agreement.

Matt Muckler, City Administrator

October 12, 2026

VIA EMAIL
Matt Muckler
City Administrator/City Hall
Newton, IA
Re:

Fourth Amended Development Agreement (The Circle Development, LLC)
File No. 504612-70

Dear Matt:
Attached please find the proceedings covering the City Council’s approval of the Fourth
Amended Development Agreement with The Circle Development, LLC. A copy of the
Resolution must be filed with the Jasper County Auditor. Please print an extra copy for that
purpose.
We would appreciate receiving one fully executed copy of these proceedings and of the
executed Fourth Amended Development Agreement as soon as they are available.
Please call John Danos or me with questions.
Kind regards,

Amy Bjork
Attachments
cc:

Lisa Frasier
Erin Chambers
Katrina Davis

801 Grand Avenue | Suite 4100 | Des Moines, IA | 50309-2790 | T 515.283.1000 | F 515.283.1060 | dorsey.com

Newton / 504612-70 / App Amend Dev Agmt

APPROVE
FOURTH
AMENDED
DEVELOPMENT AGREEMENT AND
FORGIVABLE LOAN
(The Circle Development, LLC)
504612-70
Newton, Iowa
October 19, 2026
A meeting of the City Council of the City of Newton, Iowa, was held at ___:___ p.m., on
October 19, 2026, at the ____________________________________________, Newton, Iowa,
pursuant to the rules of the Council.
The Mayor presided and the roll was called, showing members present and absent as
follows:
Present:
Absent:

.

Council Member _______________________ introduced the resolution next hereinafter
set out and moved its adoption, seconded by Council Member _______________________; and
after due consideration thereof by the City Council, the Mayor put the question upon the
adoption of said resolution, and the roll being called, the following named Council Members
voted:
Ayes:
Nays:

.

Whereupon, the Mayor declared said resolution duly adopted, as follows:

-1DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA

Newton / 504612-70 / App Amend Dev Agmt

RESOLUTION_____
Resolution Approving Fourth Amended Development Agreement with The Circle
Development, LLC
WHEREAS, the City of Newton, Iowa (the “City”), pursuant to and in strict compliance
with all laws applicable to the City, and in particular the provisions of Chapter 403 of the Code
of Iowa, has adopted an Urban Renewal Plan for the 2019 Sports Entertainment Urban Renewal
Area (the “Urban Renewal Area”); and
WHEREAS, the City previously entered into a certain development agreement, dated
December 23, 2020 (the “Original Agreement”), with The Circle Development, LLC (the
“Company”) pursuant to which the Company would undertake the development, construction
and operation of a sports, recreation, entertainment and hospitality complex in the Urban
Renewal Area (the “Project”), and the City would make incremental property tax payments to
the Company; and
WHEREAS, the City and the Company entered into an amended development agreement,
dated December 23, 2021 (the “First Amended Agreement”), which (1) updated the provisions
related to the Assessment Agreement (as defined in the Original Agreement); (2) adjusted the
time period during which the City would make incremental property tax payments to the
Company; and (3) made other related changes; and
WHEREAS, the City and the Company entered into a second amended development
agreement, dated December 19, 2022 (the “Second Amended Agreement”), which (1) updated
the completion date of the Project; (2) updated certain provisions related to the Assessment
Agreement (as defined in the First Amended Agreement); (3) adjusted the time period during
which the City would make incremental property tax payments to the Company; and (4) made
other related changes; and
WHEREAS, the City and the Company entered into a third amended development
agreement, dated June 17, 2024 (the “Third Amended Agreement”), which (1) updated the
completion date of the Project; (2) updated certain provisions related to the Assessment
Agreement (as defined in the Second Amended Agreement); (3) adjusted the time period during
which the City would make incremental property tax payments to the Company; (4) increased
the amount of incremental property tax payments to the Company; and (5) made other related
changes; and
WHEREAS, the City and the Company have proposed to amend the Third Amended
Agreement to provide for economic development assistance to the Company in the form of a
forgivable loan (the “Forgivable Loan”) in an amount not to exceed $7,000,000 in lieu of
providing incremental property tax payments to the Company and to make certain related
changes; and
WHEREAS, a certain Fourth Amended Development Agreement (the “Fourth Amended
Agreement”) between the City and the Company has been prepared to set forth the terms of the
proposed amendments; and
-2DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA

Newton / 504612-70 / App Amend Dev Agmt

WHEREAS, Chapter 15A of the Code of Iowa (“Chapter 15A”) declares that economic
development is a public purpose for which a City may provide grants, loans, tax incentives,
guarantees and other financial assistance to or for the benefit of private persons; and
WHEREAS, Chapter 15A requires that before public funds are used for grants, loans, tax
incentives or other financial assistance, a City Council must determine that a public purpose will
reasonably be accomplished by the spending or use of those funds; and
WHEREAS, Chapter 15A requires that in determining whether funds should be spent, a
City Council must consider any or all of a series of factors;
NOW, THEREFORE, It Is Resolved by the City Council of the City of Newton, Iowa, as
follows:
Section 1.
reaffirms that:

Pursuant to the factors listed in Chapter 15A, the City Council hereby

(a)
The Project will add diversity and generate new opportunities for the
Newton and Iowa economies; and
(b)
The Project will generate public gains and benefits, particularly in the
creation of new jobs and income, which are warranted in comparison to the amount of the
proposed Forgivable Loan; and
Section 2.
The City Council further finds and reaffirms that a public purpose will
reasonably be accomplished by entering into the Fourth Amended Agreement and providing the
Forgivable Loan to the Company as provided for therein.
Section 3.
The Fourth Amended Agreement is hereby approved, and the Mayor and
City Clerk are hereby authorized and directed to execute and deliver the Fourth Amended
Agreement on behalf of the City, in substantially the form and content in which the Fourth
Amended Agreement has been presented to this City Council. The Mayor, the City
Administrator, and the Community Development Director are also authorized to make such
changes, modifications, additions or deletions as they, with the advice of bond counsel, may
believe to be necessary, and to take such actions as may be necessary to carry out the provisions
of the Fourth Amended Agreement.
Section 4.

All resolutions or parts thereof in conflict herewith are hereby repealed.

-3DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA

Newton / 504612-70 / App Amend Dev Agmt

Passed and approved October 19, 2026.

Mayor
Attest:

City Clerk

-4DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA

Newton / 504612-70 / App Amend Dev Agmt

•••••
On motion and vote the meeting adjourned.

Mayor
Attest:

City Clerk

-5DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA

Newton / 504612-70 / App Amend Dev Agmt

STATE OF IOWA
JASPER COUNTY
CITY OF NEWTON

SS:

I, the undersigned, City Clerk of the City of Newton, hereby certify that the foregoing is a
true and correct copy of the minutes of the City Council of the City relating to holding a public
hearing and adopting a resolution to approve a Fourth Amended Development Agreement.
WITNESS MY HAND this _____ day of _______________________, 2026.

City Clerk

-6DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA

Newton / 504612-70 / App Amend Dev Agmt

STATE OF IOWA
SS:
JASPER COUNTY
I, the undersigned, County Auditor of Jasper County, in the State of Iowa, do hereby
certify that on the _____ day of _______________________, 2026, the City Clerk of the City of
Newton, Iowa filed in my office a certified copy of a resolution of the City shown to have been
adopted by the City Council and approved by the Mayor thereof on October 19, 2026, entitled:
“Resolution Approving Fourth Amended Development Agreement with The Circle
Development, LLC” and that I have duly placed the copy of the resolution on file in my records.
WITNESS MY HAND this _____ day of _______________________, 2026.

County Auditor

-7DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA

FOURTH AMENDED DEVELOPMENT AGREEMENT
This Fourth Amended Development Agreement is entered into between the City of
Newton, Iowa (the “City”) and The Circle Development, LLC (the “Company”) as of the ___
day of _________________, 2026 (the “Commencement Date”).
WHEREAS, the City has established the 2019 Sports Entertainment Urban Renewal Area
(the “Urban Renewal Area”), and has adopted a tax increment ordinance for the Urban Renewal
Area; and
WHEREAS, the Company owns certain real property which is situated in the Urban
Renewal Area and is more specifically described on Exhibit A hereto (the “Property”); and
WHEREAS, the Company has proposed to undertake the development, construction and
operation of a sports, recreation, entertainment and hospitality complex (the Sports Complex”)
on the Property (“the Project”); and
WHEREAS, the City and the Company entered into a development agreement (the
“Original Agreement”) dated December 23, 2020, pursuant to which the Company agreed to
undertake the Project, and the City agreed to provide incremental property tax payments to the
Company with respect to the Project; and
WHEREAS, the City and the Company entered into an amended development agreement
(the “First Amended Agreement”) dated December 23, 2021, in order to (1) update the
provisions related to the Assessment Agreement (as hereinafter defined); (2) adjust the time
period during which the City would make incremental property tax payments to the Company;
and (3) make other related changes; and
WHEREAS, the City and the Company entered into a second amended development
agreement, dated December 19, 2022 (the “Second Amended Agreement”), in order to (1) update
the completion date of the Project; (2) update certain provisions related to the Assessment
Agreement; (3) adjust the time period during which the City would make incremental property
tax payments to the Company; and (4) make other related changes; and
WHEREAS, the City and the Company entered into a third amended development
agreement, dated June 17, 2024 (the “Third Amended Agreement”), in order to (1) update the
completion date of the Project; (2) update certain provisions related to the Assessment
Agreement; (3) adjust the time period during which the City would make incremental property
tax payments to the Company; (4) increase the amount of incremental property tax payments the
City would make to the Company; and (5) make other related changes; and
WHEREAS, the Company has requested that the City provide financial assistance to the
Company for the construction of the Project in the form an economic development forgivable
loan (the “Forgivable Loan”) in lieu of providing incremental property tax payments to the
Company; and

-14911-4005-3976\2

WHEREAS, it is now necessary to amend the Third Amended Agreement to (1) set forth
the terms of the Forgivable Loan; and (2) remove the City’s obligations to the make the
incremental property tax payments to the Company; and
WHEREAS, Chapter 403 of the Code of Iowa authorizes cities to establish urban renewal
areas and to undertake economic development projects; and
WHEREAS, Chapter 15A of the Code of Iowa authorizes cities to provide grants, loans,
guarantees, tax incentives and other financial assistance to or for the benefit of private persons;
NOW THEREFORE, the parties hereto agree as follows:
A.

Company’s Covenants

1.

Project Construction; Business Operations; Project Maintenance.

Project Construction
The Company agrees to undertake the Project on the Property. The Company agrees to
invest not less than $65,000,000 in capital improvements for the Project, including construction
work, furnishings, fixtures, and equipment.
The Company agrees that the Project will minimally include the improvements shown
and described in Site Plan No. SP26-11 (the “Site Plan”) and the building plans for the Project,
each as approved by and on file with the City, together with the additional improvements set
forth on Exhibit B hereto (collectively, the “Required Improvements”). The Company agrees to
construct the Project, including the Required Improvements, in substantial conformance with the
Site Plan and building plans and in compliance with the City’s zoning, land use, building, and
safety codes and regulations.
The Company further agrees to substantially complete construction of the Project and
lawfully obtain a Certificate of Occupancy for the Project from the City by no later than
December 31, 2029.
Business Operations Requirement
The Company agrees to maintain ownership of the Project and use the completed Project
in its business operations throughout the Term (as hereinafter defined) of this Agreement (the
“Business Operations Requirement”). In fulfillment of the Business Operations Requirement,
the Company shall ensure that that all of the facilities comprising the completed Project shall be
operational, providing services and accessible to the general public at least forty (40) hours every
week. For further clarification, a week under this Agreement shall mean any period of seven
consecutive calendar days commencing on a Sunday and concluding on a Saturday during each
year of the Term after the Project has been completed.

-24911-4005-3976\2

Maintenance of Property
Further, the Company agrees to maintain, preserve, and keep the Property, including
but not limited to the Project, useful and in good repair and working order, ordinary wear and
tear excepted, and from time to time will make all necessary repairs, replacements, renewals,
and additions.
2.
Minimum Assessment Agreement. The Company agrees to enter into an
assessment agreement (the “Assessment Agreement”), pursuant to Section 403.6 of the Code of
Iowa fixing the minimum assessed valuation of the Property, in contemplation of the
improvements to be constructed thereon, at not less than Twenty-Five Million Dollars
($25,000,000) (the “Minimum Assessed Valuation”) as of January 1, 2028 (the “First Valuation
Date”). It is intended by the Company that the Minimum Assessed Valuation shall be
established on the Jasper County property tax rolls as of the First Valuation Date regardless of
the then-current degree of completion or incompletion of the Project. The Assessment
Agreement shall be in substantially the form attached hereto as Exhibit C and shall remain in
effect throughout the Term (as hereinafter defined) of this Agreement.
3.
Property Taxes.
The Company agrees to make timely payment of all
property taxes as they come due with respect to the Property with the completed Project thereon
throughout the Term (as hereinafter defined) and to submit a receipt or cancelled check in
evidence of each such payment.
4.
No Abatement; No Property Tax Exemption.
The Company agrees that it
will not seek any tax exemption or abatement either presently or prospectively authorized under
any State, federal or local law with respect to taxation of the Property throughout the Term (as
hereinafter defined) including causing or allowing the property to be leased, sold, transferred to
or otherwise used by an entity that is exempt from property taxes under the laws of the State of
Iowa.
5.
Forgivable Loan Disbursement Request. At such time that the Company has
received a Certificate of Occupancy for the Project, the Company agrees to submit a forgivable
loan disbursement request (the “Forgivable Loan Disbursement Request”) to the City. The
Forgivable Loan Disbursement Request shall be accompanied by documentation demonstrating,
to the satisfaction of the City, that (i) the Required Improvements have been completed, (ii) the
Company has hired a general manager for the Sports Complex, and (iii) the Company has
booked at least one tournament to be held at the Sports Complex. The Forgivable Loan
Disbursement Request submitted under this Section A.5 shall be in the form attached hereto as
Exhibit D.
6.
Forgivable Loan.
The Company agrees that the City will advance the
proceeds (the “Forgivable Loan Proceeds”) of the Forgivable Loan to the Company in
accordance with Section B.1 of this Agreement. The Company’s obligation to repay the
Forgivable Loan is evidenced by a promissory note (the “Promissory Note”) that has been
executed by the Company and delivered to the City. A copy of the Promissory Note shall be
attached as Exhibit E hereto.

-34911-4005-3976\2

The Company agrees to apply the Forgivable Loan Proceeds to the payment and/or
reimbursement of the costs of the Project.
All principal advanced under the Forgivable Loan shall be due and owing to the City at
City Hall by Noon on January 15, 2049, unless sooner forgiven in accordance with the terms of
this Agreement or made subject to acceleration in accordance with Section A.11 of this
Agreement.
Nothing herein shall prohibit the Company from forfeiting the right to loan forgiveness,
as set forth in Section B.2 of this Agreement by prepaying on the Forgivable Loan at any time.
Condition Precedent
The Developer hereby agrees that the ability of the City to fund the Forgivable Loan is
subject to the satisfaction of the procedural requirements set forth in Sections 384.24.3(q) and
384.26 of the Code of Iowa governing the authorization of the issuance of the Bonds (as
hereinafter defined), including the completion of the reverse referendum processes set forth
therein. If the City receives a valid petition for an election and is unable to successfully
complete the procedural requirements set forth in Iowa Code Sections 384.24.3(q) and 384.26,
then the City shall have no obligation to fund the Forgivable Loan as provided for under Section
B.1 of this Agreement.
7.

Insurance.

(a)
The Company, and any successor in interest to the Company, shall obtain and
continuously maintain insurance on the Property and the completed Project and, from time to
time at the request of the City, furnish proof to the City that the premiums for such insurance
have been paid and the insurance is in effect. The insurance coverage described below is the
minimum insurance coverage that the Company must obtain and continuously maintain,
provided that the Company shall obtain the insurance described in clause (i) below prior to the
commencement of construction of the Project (excluding excavation and footings):
(i)

(ii)

(iii)

Builder’s risk insurance, written on the so-called “Builder’s Risk—Completed
Value Basis,” in an amount equal to one hundred percent (100%) of the insurable
value of the Project at the date of completion, and with coverage available in nonreporting form on the so-called “all risk” form of policy.
Comprehensive general liability insurance (including operations, contingent
liability, completed operations when substantially completed and contractual
liability insurance) together with an Owner’s/Contractor’s Policy naming the City,
as an additional insured, with limits against bodily injury and property damage of
not less than $2,500,000 for each occurrence (to accomplish the above-required
limits, an umbrella excess liability policy may be used), written on an occurrence
basis.
Workers compensation insurance, with statutory coverage limited to employees of
the Company.

-44911-4005-3976\2

(b)
All insurance required in this Section shall be obtained and continuously
maintained in responsible insurance companies selected by the Company or its successors that
are authorized under the laws of the State of Iowa to assume the risks covered by such policies.
Unless otherwise provided in this Section, each policy must contain a provision that the insurer
will not cancel nor modify the policy without giving written notice to the insured at least thirty
(30) days before the cancellation or modification becomes effective. Not less than fifteen (15)
days prior to the expiration of any policy, the Company, or its successors or assigns, must renew
the existing policy or replace the policy with another policy conforming to the provisions of this
Section. In lieu of separate policies, the Company or its successors or assigns, may maintain a
single policy, blanket or umbrella policies, or a combination thereof, having the coverage
required herein.
(c)
The Company, its successors or assigns, agrees to notify the City promptly in the
case of damage exceeding $250,000 in amount to, or destruction of the Project resulting from
fire or other casualty. Furthermore, the Company agrees to apply the proceeds from any and all
casualty claims against the insurance detailed in this Section to the restoration and improvement
of the Property and/or the Project.
8.
Indemnification.
The Company agrees to indemnify, defend and hold
harmless the City, its officers, employees and departments, from and against any and all losses,
liabilities, penalties, fines, damages, and claims (including taxes), and all related costs and
expenses (including reasonable attorneys’ fees and disbursements and costs of investigation,
litigation, settlement, judgments, interest and penalties) arising from or in connection with any of
the following, except to the extent caused by the negligent acts or omissions of the City, its
officers, employees and departments:
a)
Any claim, demand, action, citation or legal proceeding arising out of or
resulting from the construction of the Project;
b)
Any claim, demand, action, citation or legal proceeding arising out of or
related to occurrences that the Company is required to insure against under this
Agreement in connection with the Project and/or the Property; and
c)
Any claim, demand, action, citation or legal proceeding arising out of or
resulting from an act or omission of the Company or any of its agents in its or their
capacity as an employer of a person.
9.
Annual Certification.
To assist the City in monitoring the performance
of the Company under this Agreement, a duly authorized officer of the Company shall
annually certify to the City (a) that the Company owns the Property, including the Project; (b)
that all taxes owed on the Property have been timely paid; (c) that the Business Operations
Requirement is being met; and (d) that the Company is not in material violation of this
Agreement or any local, state or federal law or regulation and is not aware of any pending or
threatened claim against the Company with respect to such laws. The Company’s annual
certification (the “Annual Certification”) pursuant to this provision shall be in substantially the
form set forth on Exhibit F, attached hereto, and due each year on October 15th beginning on
October 15, 2029, and continuing through the Term of this Agreement.
-54911-4005-3976\2

The Company shall provide supporting information for its Annual Certification upon
request of the City.
10.
Mortgage.
The Company agrees to secure its obligations under the
Forgivable Loan by executing, delivering and properly recording a mortgage (the “Mortgage”)
in favor of the City, thereby granting to the City a second priority security interest in the
Property. The Mortgage shall be in substantially the form as shall be presented to the Company
by the City, subject to reasonable negotiation and modification. The Mortgage shall be
promptly released by the City upon full repayment of principal of the Forgivable Loan.
11.

Default Provisions.

A.
Events of Default. The following shall be “Events of Default” under this
Agreement, and the term “Event of Default” shall mean, whenever it is used in this Agreement
(unless otherwise provided), any one or more of the following events:
i.

Failure by the Company to complete the Project pursuant to the terms and
conditions of this Agreement.

ii.

Failure by the Company to maintain ownership of the Property and
compliance with the Business Operations Requirement pursuant to the
terms and conditions of this Agreement.

iii.

Failure by the Company to fully and timely remit payment of property
taxes when due and owing.

iv.

Failure by the Company to maintain compliance with Sections A.4
through A.10 of this Agreement.

v.

Failure by the Company to observe or perform any other material
covenant on its part, to be observed or performed hereunder.

B.
Notice and Remedies. Whenever any Event of Default described in this
Agreement occurs, the City shall provide written notice to the Company describing the cause of
the default and the steps that must be taken by the Company in order to cure the default. The
Company shall have ninety (90) days after receipt of the notice to cure the default or to provide
assurances satisfactory to City that the default will be cured as soon as reasonably possible. If
the Company fails to cure the default or provide assurances, the City shall then have the right to:
i.

Pursue any action available to it, at law or in equity, in order to enforce the
terms of this Agreement.

ii.

Accelerate the due date of the then unforgiven principal amount of the
Forgivable Loan, which amount shall become due and owing within 30days of the provision of a written notice of such acceleration from the City
to the Company. In the event of acceleration of the Forgivable Loan, the
provisions with respect to loan forgiveness as set forth in section B.1 of
this Agreement shall not apply.

iii.

Terminate this Agreement.

-64911-4005-3976\2

B.

City’s Obligations

1.
Forgivable Loan.
The City hereby agrees to use its best efforts to authorize
and issue the General Obligation Annual Appropriation Bonds (the “Bonds”) in order to fund the
Forgivable Loan. The City hereby agrees to advance the Forgivable Loan Proceeds to the
Company in an amount equal to $7,000,000 within sixty days (60) days of receipt of a
satisfactory Forgivable Loan Disbursement Request and the executed Promissory Note.
If the City determines that the Forgivable Loan Disbursement Request received from the
Company does not meet the requirements of Section A.5 above, then the City shall notify the
Company within fifteen (15) days of such determination in order to allow an opportunity for the
Company to cure the noted deficiencies.
2.
Forgivable Loan Forgiveness.
Upon receipt of a satisfactory Annual
Certification from the Company demonstrating that the Company is in compliance with required
elements set forth in Section A.9 of this Agreement, the City shall forgive $350,000 of the
principal amount of the Forgivable Loan. If the Company fails to submit an Annual Certification
as required in Section A.9 above in any given fiscal year, then no principal of the Forgivable
Loan will be forgiven in such fiscal year.
C.

Administrative Provisions

1.
Amendment and Assignment.
Neither party may cause this Agreement to
be amended, assigned, assumed, sold or otherwise transferred without the prior written consent
of the other party. However, the City hereby gives its permission that the Company’s rights to
receive the Forgivable Loan Proceeds hereunder may be assigned by the Company to a private
lender, as security on a credit facility taken with respect to the Project, without further action on
the part of the City.
2.
Successors. This Agreement shall inure to the benefit of and be binding upon
the successors and assigns of the parties.
3.
Term. This Agreement shall remain in full force and effect during the time period
(the “Term”) commencing with the date first written above and terminating on the date on which
the Forgivable Loan is forgiven or paid in full.
4.
Choice of Law.
This Agreement shall be deemed to be a contract made
under the laws of the State of Iowa and for all purposes shall be governed by and construed in
accordance with laws of the State of Iowa.

-74911-4005-3976\2

The City and the Company have caused this Agreement to be signed, in their names and
on their behalf by their duly authorized officers, all as of the day and date written above.

CITY OF NEWTON, IOWA
By: _______________________
Randy J. Ervin Mayor
Attest:
_________________________
Katrina Davis, City Clerk
THE CIRCLE DEVELOPMENT, LLC
By:________________________________
Its:________________________________

-84911-4005-3976\2

EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
LOT 1, FASTPITCH SB COMPLEX, AN OFFICIAL PLAT, ALL BEING IN AND FORMING A PART OF
THE CITY OF NEWTON, JASPER COUNTY, IOWA, CONTAINING 84.48 ACRES, MORE OR LESS.

-94911-4005-3976\2

EXHIBIT B
REQUIRED IMPROVEMENTS
1.) The Company agrees that the Project will minimally include the improvements shown
and described in Site Plan No. SP26-11 (the “Site Plan”) and the building plans for the
Project, each as approved by and on file with the City
2.) The project fully conforms to all applicable and adopted State and Local regulations and
codes.

- 10 4911-4005-3976\2

EXHIBIT C
MINIMUM ASSESSMENT AGREEMENT

- 11 4911-4005-3976\2

MINIMUM ASSESSMENT AGREEMENT
Recorder’s Cover Sheet
Preparer Information: (name, address and phone number)
Amy M. Bjork, Esq., Dorsey & Whitney LLP, 801 Grand Avenue, Suite 4100, Des Moines, IA
50309; Phone: 515-699-3285
Return Document To:
Erin Chambers, Community Development Director, City of Newton, Iowa, 403 W 4th St N, Suite
501, Newton, IA, 50208; Phone: 641-792-6622 Ext: 2301
City:
City of Newton, Iowa
Property Owner:
The Circle Development, LLC
Legal Description:
Book & Page Reference if applicable:

- 12 4911-4005-3976\2

MINIMUM ASSESSMENT AGREEMENT
THIS AGREEMENT, dated as of the ___ day of ________________, 2026, by and
among the City of Newton, Iowa (the “City”), The Circle Development, LLC (the “Property
Owner”), and the County Assessor of Jasper County (the “Assessor”).
WITNESSETH
WHEREAS, the Property Owner owns the real property, the legal description of which is
contained in Exhibit A attached hereto (the “Property”), which is located in the 2019 Sports
Entertainment Urban Renewal Area in the City; and
WHEREAS, the Property Owner has undertaken the development, construction and
operation of a sports, recreation, entertainment and hospitality complex (the “Project”) on the
Property; and
WHEREAS, a fourth amended development agreement (the “Development Agreement”),
dated _____________________, 2026, has been executed between the City and the Property
Owner in connection with the Property Owner’s investment in and business operations on the
Property; and
WHEREAS, pursuant to Section 403.6(19) of the Code of Iowa, the City and the
Property Owner desire to establish a minimum taxable value for the Property and the
improvements to be constructed thereon, which shall be effective as of January 1, 2028, and from
then until this Agreement is terminated pursuant to the terms herein and which is intended to
reflect the minimum market value of the land and improvements;
NOW, THEREFORE, the parties to this Agreement, in consideration of the promises,
covenants and agreements made by each other, do hereby agree as follows:
1.
Effective January 1, 2028, the minimum actual value which shall be assessed for
the Property, taking into account the improvements to be constructed thereon, shall be TwentyFive Million Dollars ($25,000,000) until termination of this Agreement.
2.
The Property Owner hereby agrees that the assessed valuation (hereinafter
referred to as the “Minimum Actual Value”) set forth in Section 1 above shall become and
remain effective as of January 1, 2028, and throughout the term of this Agreement, regardless of
the actual degree of completion or incompletion of the Project, even if construction of the Project
is not commenced by such date. Furthermore, the Property Owner acknowledges that the City
has changed its position in reliance on the timeliness of such increase in valuation as set forth in
the Development Agreement.
3.
The Property Owner agrees to pay when due, all taxes and assessments, general or
special, and all other charges whatsoever levied upon or assessed or placed against the Property,
subject to any limitations set forth in the Development Agreement. The Property Owner further
- 13 4911-4005-3976\2

agrees that until this Agreement is terminated, they will not seek administrative or judicial
review of the applicability, enforceability, or constitutionality of this Agreement or the obligation
to be taxed based upon the Minimum Actual Value or to raise any such argument by way of
defense in any proceedings, including delinquent tax proceedings.
4.
This Agreement, and the minimum assessed valuation established herein, shall be
effective until such time as the City’s obligations to make Payments (as defined in the
Development Agreement) have been satisfied in-full.
5.
Nothing herein shall be deemed to waive the Property Owner’s rights under
Section 403.6(19) Code of Iowa, (2025) or otherwise, to contest that portion of any actual value
assignment made by the Assessor in excess of the Minimum Actual Value.
6.
This Agreement shall be promptly recorded with the Jasper County Recorder,
along with a copy of Iowa Code Section 403.6.
7.
Neither the preamble nor provisions of this Agreement are intended to, nor shall
they be construed as, modifying the terms of any other contract between the City and the
Property Owner, including the Development Agreement.

[Remainder of page intentionally left blank.]

- 14 4911-4005-3976\2

This Agreement shall inure to the benefit of and be binding upon the successors and
assigns of the parties.
CITY OF NEWTON, IOWA
By:
Randy J. Ervin, Mayor
Attest:

Katrina Davis, City Clerk
THE CIRCLE DEVELOPMENT, LLC
[Name, Title]

4911-4005-3976\2

STATE OF IOWA
COUNTY OF JASPER

)
)
)

SS:

The foregoing instrument was acknowledged before me this ___ day of _____________,
2026, by Randy J. Ervin and Katrina Davis, the Mayor and City Clerk, respectively, of Newton,
Iowa, a municipal corporation of the State of Iowa, on behalf of the City.
Notary Public

-164911-4005-3976\2

STATE OF IOWA
COUNTY OF ________

)
)
)

SS:

The foregoing instrument was acknowledged before me this ___ day of _____________,
2026, by _______________________________ the ___________________ of The Circle
Development, LLC, an Iowa limited liability company.
.

Notary Public

-174911-4005-3976\2

EXHIBIT A TO MINIMUM ASSESSMENT AGREEMENT
LOT 1, FASTPITCH SB COMPLEX, AN OFFICIAL PLAT, ALL BEING IN AND FORMING A PART OF
THE CITY OF NEWTON, JASPER COUNTY, IOWA, CONTAINING 84.48 ACRES, MORE OR LESS.

-184911-4005-3976\2

CERTIFICATION BY ASSESSOR
The undersigned Assessor, being legally responsible for the assessment of the abovedescribed property upon completion of improvements to be made on it, hereby certifies that the
actual value assigned to such land and improvements upon completion, shall be not less than
Twenty-Five Million Dollars ($25,000,000) until termination of the Agreement.
County Assessor for Jasper County,
State of Iowa
Subscribed and sworn to before me this _____ day of _______________, 2025.
Notary Public

-194911-4005-3976\2

LIENHOLDER'S CONSENT, IF ANY
In consideration of one dollar and other valuable consideration, the receipt of which is hereby
acknowledged, and notwithstanding anything in any loan or security agreement to the contrary,
the undersigned ratifies, approves, consents to and confirms the Assessment Agreement entered
into between the parties, and agrees to be bound by its terms. This provision shall be binding on
the parties and their respective successors and assigns.
[NAME OF LIENHOLDER]
By: _______________________________________
Signature
Date: ______________________________________
STATE OF IOWA
COUNTY OF JASPER

)
)
)

SS:

The foregoing instrument was acknowledged before me this ______ day of
____________________, 2026, by _____________________________ the ______________ of
__________________________________________.

Notary Public
[Add additional pages for each Lienholder]

[If no Lienholders exist, this consent will not be completed]

-204911-4005-3976\2

[This page should be filed with the Assessment Agreement]
Consistent with Iowa Code §403.6(19)(b), filed with this assessor certification is a copy of
subsection 19 as follows:
19. a. A municipality, upon entering into a development or redevelopment agreement pursuant to
section 403.8, subsection 1, or as otherwise permitted in this chapter, may enter into a written
assessment agreement with the Company of taxable property in the urban renewal area which
establishes a minimum actual value of the land and completed improvements to be made on the
land until a specified termination date which shall not be later than the date after which the tax
increment will no longer be remitted to the municipality pursuant to section 403.19, subsection,
subsection 2. The assessment agreement shall be presented to the appropriate assessor. The
assessor shall review the plans and specifications for the improvements to be made and if the
minimum actual value contained in the assessment agreement appears to be reasonable, the
assessor shall execute the following certification upon the agreement:
The undersigned assessor, being legally responsible for the assessment of the above-described
property upon completion of the improvements to be made on it, certifies that the actual value
assigned to that land and improvements upon completion shall not be less than $_____________.
b. This assessment agreement with the certification of the assessor and a copy of this subsection
shall be filed in the office of the county recorder of the county where the property is located.
Upon completion of the improvements, the assessor shall value the property as required by law,
except that the actual value shall not be less than the minimum actual value contained in the
assessment agreement. This subsection does not prohibit the assessor from assigning a higher
actual value to the property or prohibit the owner from seeking administrative or legal remedies
to reduce the actual value assigned except that the actual value shall not be reduced below the
minimum actual value contained in the assessment agreement. An assessor, county auditor,
board of review, director of revenue, or court of this state shall not reduce or order the reduction
of the actual value below the minimum actual value in the agreement during the term of the
agreement regardless of the actual value which may result from the incomplete construction of
improvements, destruction or diminution by any cause, insured or uninsured, except in the case
of acquisition or reacquisition of the property by a public entity. Recording of an assessment
agreement complying with this subsection constitutes notice of the assessment agreement to a
subsequent purchaser or encumbrancer of the land or any part of it, whether voluntary or
involuntary, and is binding upon a subsequent purchaser or encumbrancer.

-214911-4005-3976\2

EXHIBIT D
FORM OF FORGIVABLE LOAN DISBURSEMENT REQUEST
Date submitted: ___________________________
Submitted by: _____________________________
Contact information: _______________________
Forgivable Loan Amount Requested $___________________
Index of Documentation demonstrating completion of Required Improvements:
_________________________________________________
_________________________________________________
_________________________________________________
_________________________________________________
_________________________________________________
_________________________________________________
The City of Newton, Iowa (the “City”) authorized an economic development forgivable
loan (the “Forgivable Loan”) to The Circle Development, LLC (the “Company”) pursuant to an
Amended Development Agreement (the “Agreement”) entered into between the City and the
Company dated ___________________, 2026; and
We, the undersigned, hereby certify that the Company has received a Certificate of
Occupancy for the Project (as defined in the Agreement), completed the Required Improvements
(as defined in the Agreement), hired a general manager for the operation of the Sports Complex
(as defined in the Agreement), and booked at least one tournament to be held at the Sports
Complex.
THE CIRCLE DEVELOPMENT, LLC
By: _______________________________
Title: _____________________________

Reviewed and accepted by the City of Newton, Iowa this _____ day of ____________, 20__.
By: _______________________________
City Administrator

-224911-4005-3976\2

EXHIBIT E
PROMISSORY NOTE
MAXIMUM PRINCIPAL AMOUNT: $7,000,000
Dated: ______________, 20__
Maturity Date: January 15, 2048
The Circle Development, LLC (the “Borrower”) for value received, promises to pay, to
the City of Newton, Iowa (the “City”), its successors or assigns, the principal sum of Seven
Million Dollars ($7,000,000), in lawful money of the United States of America, on January 15,
2048.
The City has made a forgivable loan to the Borrower in the principal amount of Seven
Million Dollars ($7,000,000) (the “Forgivable Loan”) under this Promissory Note (the “Note”)
and under a certain Fourth Amended Development Agreement (the “Agreement”) between the
City and the Borrower dated ___________, 2026, and reference is hereby made to the
Agreement for a more complete description of the rights and obligations of the parties hereof.
The Forgivable Loan shall be forgiven by the City in accordance with the terms set forth
in the Agreement, and all amounts forgiven shall be recorded on the Schedule of Forgiveness
hereon.
Payment of principal of the Forgivable Loan shall be made to the City of Newton at the
Office of the City Clerk, by Noon on January 15, 2049, unless sooner forgiven in accordance
with the Agreement.
The Borrower reserves the right to prepay principal of this Note, in whole or in part,
without penalty, at any time prior to maturity.
In the event of a default under the Agreement which has not been cured in accordance
with the terms of the Agreement, including the failure to make repay principal of the Forgivable
Loan under the terms of the Agreement, the Borrower agrees to pay all costs and expenses of
collection, including reasonable attorney’s fees. The Borrower waives demand, presentment,
notice of non-payment, protest, notice of protest and notice of dishonor.
This Note is secured, and its maturity is subject to acceleration in each case upon the
terms provided in the Agreement.

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The validity, construction and enforceability of this Note shall be governed by the
internal laws of the State of Iowa without giving effect to the conflict of laws principles thereof.
THE CIRCLE DEVELOPMENT, LLC
By:___________________________________
Its:___________________________________

SCHEDULE OF FORGIVENESS
Date of
Forgiveness

Amount Forgiven
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$

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Signature of City Clerk

EXHIBIT F
COMPANY ANNUAL CERTIFICATION
(due by October 15th as required under terms of Development
Agreement)
WHEREAS, the City of Newton, Iowa (the “City”) authorized an economic development
forgivable loan (the “Forgivable Loan”) to The Circle Development, LLC (the “Company”)
pursuant to a Development Agreement (the “Agreement”) entered into between the City and the
Company; and
WHEREAS, the Agreement contains certain conditions required to be completed by the
Company in order for the Company to be eligible to receive such Forgivable Loan, and as such
the Company hereby certifies the following as satisfaction of such conditions:
(i)

The Company owns the Property.

(ii)

All property taxes on the Property have been paid for the prior fiscal year (and for
the current year, if due), and attached to this Annual Certification are proof of
payment of said taxes.

(iii)

The Company is in compliance with the Business Operations Requirement, and
attached to this Annual Certification is documentation demonstrating compliance
with such Business Operations Requirement.

(iv)

The Company is not in material violation of the Agreement or any local, state or
federal law or regulation and is not aware of any pending or threatened claim
against the Company with respect to such laws.

I certify under penalty of perjury and pursuant to the laws of the State of Iowa that the
preceding is true and correct to the best of my knowledge and belief.
Signed this

day of

, 20

.

THE CIRCLE DEVELOPMENT, LLC
By:
[Name, Title]

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