CITY COUNCIL WORK SESSION AGENDA

Monday, August 25, 2014,4:30 p.m., Thomas J. Smith Council Chambers, City Hall

A. PROPOSED REGULAR AGENDA: for September 2, 2014 (RM17)

1. Certificate of Recognition: Kenneth Hillyer, Streets/Sewer Maintenance Worker II, 40 Years of Service

2. Proclamations: Workforce Development Professionals Month - Debbie Dowell

National Library Card Sign Up Month - Rhonda Frevert

3. Public Hearing, Consideration of a Permanent Encroachment Agreement with Huckleberry Holdings LLC and Winegard Realty Company for Encroachment into City Right-of-Way at 3001 Winegard Drive, Burlington, Iowa

4. Motion for Final Adoption of an Ordinance Amending Section 17.75.104 District Signage Regulations of Title 17, Development Program (Zoning Code) of the City of Burlington Municipal Code

5. Motion for Final Adoption of an Ordinance Rezoning the Property Located East of Osborn Street Between Franklin Street and Mt. Pleasant Street from a M-1, Light Industrial, to a R-3, Two-family Residential Zoning District

6. Motion for Final Adoption of an Ordinance Amending Various Sections of Chapter 162, Fire Prevention Code of the City of Burlington Municipal Code

7. Motion for Final Adoption of an Ordinance Amending Section 31.01 Creation; Composition of Chapter 31 Riverfront Advisory Committee of the Burlington Municipal Code Continued from the August 18,2014 City Council Meeting

8. Resolution Approving Administrative Fees for Parking Violations of the City of Burlington, Iowa

9. Resolution to Establish Fire Department Response Fees

B. DISCUSSION ITEMS:

1. Closing Out Sales 2. Nuisance Fees 3. Sidewalk Width Requirements 4. Treasurer's Report

C. PROPOSED CONSENT AGENDA: for September 2, 2014 (RM17)

D. FUTURE DISCUSSION ITEMS:

1. Resolution Approving Nuisance Abatements for Various Properties

2. Resolution Awarding Contract for CDBG Downtown Facade Improvement Project

3. Resolution Approving 28E Agreement Between the City of Burlington and the City of Mount Pleasant to Provide Mutual Aid for Significant Emergencies

4. Resolution Authorizing the Removal of Traffic Signals and the Placement of Stop Signs at 3'd and Jefferson Streets, 4'h and Jefferson Streets and 51

h and Jefferson Streets as Provided in Chapter 71 of the Burlington City Code

5. Set Date for Public Hearings: September 15, 2014

a. Consideration of a Permanent Encroachment Agreement with Harmony Bible Church for Encroachment into City Right-of-Way at 906 Maple Street, Burlington, Iowa

b. Consideration of a Resolution Approving the Voluntary Severing of Territory for the Property Located North of2750 Florence Avenue, Burlington, Iowa

c. Consideration of an Ordinance Amending Chapter 56.01(1)(A), 56.01(2) and 56.01(5) Curfew of the Code of Ordinances of the City of Burlington, Iowa

1. Parking on Street During Snow (September 8, 20 14)

BURLINGTON CITY COUNCIL AGENDA Meeting No. 17

September 2, 2014,5:30 p.m. Thomas J. Smith Council Chambers, City Hall

PLEDGE OF ALLEGIANCE

ROLLCALL

CERTIFICATE OF RECOGNITION: Keuneth Hillyer, Streets/Sewer Maintenance Worker II, 40 Years of Service

PROCLAMATIONS: Workforce Development Professionals Month- Debbie Dowell National Library Card Sign Up Month- Rhonda Frevert

CONSENT AGENDA: To the Public:

All matters listed under Item I., Consent Agenda, having been discussed are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately.

MOTION: To approve all listed under Item I., Consent Agenda.

HEARING: 1. Statement: Consideration of a Permanent Encroachment Agreement with Huckleberry

Holdings LLC and Winegard Realty Company for Encroachment into City Right-of-Way at 3001 Winegard Drive, Burlington, Iowa Motion to Close Resolution Approving a Permanent Encroachment Agreement with Huckleberry Holdings LLC and Winegard Realty Company for Encroachment into City Right-of-Way at 3001 Winegard Drive, Burlington, Iowa

ORDINANCES: I. Motion for Final Adoption of an Ordinance Amending Section 17.75.104 District Signage

Regulations of Title 17, Development Program (Zoning Code) of the City of Burlington Municipal Code

2. Motion for Final Adoption of an Ordinance Rezoning the Property Located East of Osborn Street Between Franklin Street and Mt. Pleasant Street from a M-1, Light Industrial, to a R-3, Two-family Residential Zoning District

3. Motion for Final Adoption of an Ordinance Amending Various Sections of Chapter 162, Fire Prevention Code of the City of Burlington Municipal Code

4. Motion for Final Adoption of an Ordinance Amending Section 31.01 Creation; Composition of Chapter 31 Riverfront Advisory Committee of the Burlington Municipal Code Continued from the August 18, 2014 City Council Meeting

RESOLUTIONS: 1. Resolution Approving Administrative Fees for Parking Violations of the City of Burlington,

Iowa

2. Resolution to Establish Fire Department Response Fees

COMMENTS FROM AUDIENCE COMMENTS FROM COUNCIL/CITY MANAGER ADJOURNMENT

FINANCES AND MISCELLANEOUS Minutes of Previous Meetings Payroll and City Claims

ITEM I. Consent Agenda

BEER, LIOUOR. WINE AND CIGARETTES

REPORTS AND BONDS

RESOLUTIONS: 1. Resolution Approving Nuisance Abatements for Various Properties

2. Resolution Awarding Contract for CDBG Downtown Facade Improvement Project

3. Resolution Approving 28E Agreement Between the City of Burlington and the City of Mount Pleasant to Provide Mutual Aid for Significant Emergencies

4. Resolution Authorizing the Removal of Traffic Signals and the Placement of Stop Signs at 3'd and Jefferson Streets, 4'h and Jefferson Streets and S'h and Jefferson Streets as Provided in Chapter 71 of the Burlington City Code

SET DATE FOR PUBLIC HEARINGS: SEPTEMBER IS, 2014 I. Consideration of a Permanent Encroachment Agreement with Harmony Bible Church for

Encroachment into City Right-of-Way at 906 Maple Street, Burlington, Iowa

2. Consideration of a Resolution Approving the Voluntary Severing of Territory for the Property Located North of2750 Florence Avenue, Burlington, Iowa

3. Consideration of an Ordinance Amending Chapter 56.01(1)(A), 56.01(2) and 56.01(5) Curfew of the Code of Ordinances of the City of Burlington, Iowa

• • • • •

Certificate of Recognition In grateju{ recognition of

40 rYears of decficated service to tlie City of CJ3urEington as of

Septem6er 3, 2014, we liere6y present

~nnetli Jfi{{yer ~ City of witli tliis certificate of recognition

A Great Place to l:.ive, Work and Play

~ - c;: . <....,.,?,~ ..::;...;;9-1.....-16~

7 Jim Perneau, City :Manager

•

PROCLAMATION

WHEREAS, the economic development of every region in our country and the ability of our businesses and industries to compete in the global economy are more than ever before dependent on the availability and

quality of a skilled workforce; and WHEREAS, the complexity and fast-paced change in our economy and labor

markets puts new demands on individuals and employers at all levels; and

WHEREAS, job seekers need the assistance of knowledgeable and dedicated professionals to facilitate

the process by which our workforce identifies, prepares for, obtains, and maintains employment and self­sufficiency; and

WHEREAS, employers depend on similar levels of professional services to help them recruit and retain

a competitive workforce and continually upgrade the skill sets of their inctunbent employees; and

NOW, THEREFORE, we, the City Council of the City of Burlington, Iowa hereby joins with the

National Association of Workforce Development Professionals in designating the month of September as

"Workforce Development Professionals Month"

to honor all those individuals in all the Workforce Development organizations and partnerships who play such a vital role in our economy.

Signed and Sealed this znd day of September, 2014.

ATTEST:

Kathleen P. Salisbury, MMC

City Clerk Shane A. McCampbell

Mayor

PROCLAMATION

WHEREAS, the library card is the most important school supply of all and libraries are an essential service for the nation's children; and

WHEREAS, public libraries throughout this nation bridge the digital divide by providing a full range of information and services to learners of all ages and offering free access to important educational resources for all types oflearners; and

WHEREAS, the Burlington Public Library creates opportunities for people of all ages to connect to other people, learn about the world around them, and imagine the futures before them; and

WHEREAS, the Burlington library is committed to lifelong education, early literacy and student support, technology access and digital literacy, and community engagement and customer service; and

WHEREAS, a free library card is the "smartest card" you can own; and

NOW, THEREFORE, we, the City Council of the City of Burlington, Iowa do hereby proclaim September as

"Library Card Sign-Up Month"

in Burlington and all eligible residents are encouraged to sign up for a card at your library.

Signed and Sealed this znd day of September, 2014.

ATTEST:

Kathleen P. Salisbury, MMC City Clerk

Shane A McCampbell Mayor

Meeting No. PaperNo.

PUBLIC HEARING STATEMENT

THIS IS THE TIME SET FOR HEARING FOR CONSIDERATION OF A PERMANENT ENCROACHMENT AGREEMENT WITH HUCKLEBERRY HOLDINGS LLC AND WINEGARD REALTY COMPANY FOR ENCROACHMENT INTO CITY RIGHT-OF-WAY AT 3001 WINEGARD DRIVE, BURLINGTON, IOWA.

PUBLICATION HAS BEEN MADE IN THE HAWK EYE AS PRESCRIBED BYLAW.

THOSE FOR OR AGAINST MAY BE HEARD AT THIS TIME.

Meeting No. PaperNo. Seconded By: __________ _

AYES: _________________________ ___

NAYS: __________________________ _

Introduced By: MOTION CARRIED

That the hearing regarding CONSIDERATION OF A PERMANENT ENCROACHMENT AGREEMENT WITH HUCKLEBERRY HOLDINGS LLC AND WINEGARD REALTY COMPANY FOR ENCROACHMENT INTO CITY RIGHT-OF-WAY AT 3001 WINEGARD DRIVE, BURLINGTON, lOW A,

be closed.

Prepared by: City of Burlington 400 Washington St., Burlington, lA 52601 Eric Tysland, Development & Parks Director (319) 753-8158

RESOLUTION NO. __ _

Meeting No.

Introduced By:-------­

Seconded By: --------

Paper No.

AYES: ------------------NAYS: ___________________ __

RESOLUTION AUTHORIZING A PERMANENT ENCROACHMENT AGREEMENT WITH HUCKLEBERRY HOLDINGS LLC AND WINEGARD REALTY CO FOR ENCROACHMENT INTO CITY RIGHT-OF-WAY AT 3001 WINEGARD DRIVE, BURLINGTON, IOWA

WHEREAS, an Encroachment Agreement is made between the City of Burlington and Huckleberry Holdings LLC and Winegard Realty Co and is further described and shown in the attached Exhibit "A" Terms of Agreement and Exhibit "B" Acknowledgement and Consent to Encroachments, attached hereto and made a part thereof.

NOW, THEREFORE, BE IT RESOLVED: That the City Council hereby approves this Encroachment Agreement on behalf of the City, and that the City Clerk is authorized to file said agreement upon signature of the Mayor.

Signed this __ day of-----------' 2014.

City of Burlington, Iowa

Shane A McCampbell - Mayor

ATTEST:

Kathleen P. Salisbury, MMC- City Clerk

EXHIBIT "A"

TERMS OF THE ENCROACHMENT AGREEMENT

This Agreement is entered into by and between the City of Burlington, Iowa, hereinafter known in this agreement as "City" and Huckleberry Holdings LLC and Winegard Realty Co, for the property located at 3001 Winegard Drive, Burlington, lA, hereinafter known in this agreement as "Applicant".

Encroachments include parking lot, light posts, and signs as shown within Exhibit "B", adjacent to the property at 3001 Winegard Drive (Pzazz Complex). For the purpose of this agreement, 3001 Winegard Drive, Burlington, Iowa, shall be known as "The Property".

1. The City hereby grants to the Applicant permission to encroach into the public right-of-way adjacent to "The Property", as described above and as shown in the attached Exhibit "B".

2. Any work within the city right-of-way shall be in accordance with all applicable codes and regulations and shall apply for and receive all required approvals I permits from the applicable official, including a right-of-way permit from the Public Works Department, prior to starting any work in the right-of-way.

3. The Applicant agrees to keep the allowed structures in good repair and to maintain the same in a clean and orderly manner in addition to the adjacent property. The applicant shall complete any necessary repairs to the encroaching structures in a timely manner.

4. At such time as the encroaching structures no longer become necessary for any reason, such structure shall be removed from City right-of-way and the right-of-way shall be repaired and reconstructed to existing standards of the City, as required.

5. The right-of-way between the encroaching structure, the building, and the street curb shall remain free of any structures, signs, or other objects and shall remain in good repair at all times or be repaired if any cracks or other hazards occur on the sidewalk or to the structure.

6. Damage or necessary repairs to City property or City services, such as utilities services, curbs, or sidewalk, which result from the maintenance of encroaching structures, shall be the responsibility of the Applicant. Any damages to the encroaching structure from City workers, vehicles, or equipment shall be the responsibility of the Applicant for costs and repairs.

7. In the event of an occurrence within the agreed from the encroachment area which would result in a claim, demand or suit being made or brought against the City based on, arising from, or involving the presence of the allowed improvements, the Applicant expressly agrees to indemnify, defend, and hold harmless the City from any and all costs, expenses, demands, claims, judgments or liabilities of any kind incurred, including attorney fees and court costs, as a result of such action.

8. The encroachment shall become effective upon signing of this agreement and is subject to all plans being approved by the City of Burlington and the issuance of all required permits.

9. No additional encroachments or enlargement of existing encroaching items shall occur without application and approval of the City of Burlington.

Termination

In the event that either party would decide to cancel this agreement, the party wishing to terminate shall notify the other party in writing 30 days prior to the termination of this Agreement. Written notice shall be made through first class mail to the other party. In the event that the City would desire to terminate, it would send notice to Huckleberry Holdings LLC, 3001 Winegard Dr, Burlington, lA 52601. If the applicant would desire to terminate this Agreement, notification would be send to City of Burlington, 400 Washington St, Burlington, lA 52601.

In the event this Agreement is terminated, the applicant would be responsible for removing the described encroachments. If the encroachments are not removed within 30 days from the date of termination, the City shall cause the encroachments to be removed and assess all associated cost to the applicant per Section 364.12 (2) of the Code of Iowa.

Assignment

This Agreement is solely between the City and Huckleberry Holdings LLC I Winegard Realty Co. If Huckleberry Holdings LLC I Winegard Realty Co sells or transfers ownership of this property, a new Encroachment Agreement must be requested from the City. If all terms are agreed to, a new Agreement will be issued to the new owners. Upon sale or transfer of ownership, this Agreement would become null and void and removal of encroachment must be made within 30 days from the termination of this Agreement, unless a new Agreement is in place.

Preoared by and return to: Diane E. Pu1hoff. Lane & Waterman, 220 N. Main. Ste. 600, Davenport, (563) 324-3246

Exhi'bit ''~~OWLEDGEMENT AND CONSENT TO ENCROACHMENTS ",,

This Acknowledgement and Consent to Encroachments is made this_ day of ______ , 2014 by the City of Burlington, Iowa ("City'') in favor of Huckleberry Holdings, LLC ("Huckleberry'') and Winegard Realty Co. (''Winegard").

WHEREAS, the City is the owner of several streets located in and adjacent to the Great River Subdivision in the City of Burlington, Des Moines County, Iowa as per Plat filed March 25, 2013, recorded as Document No. 2013-001310 in the Office of the Recorder of Des Moines County, Iowa (the "Plat") and such Plat is hereby incorporated herein by reference; and

WHEREAS, it has come to the attention of Huckleberry and Winegard that there are parking lot encroachments on the City of Burlington Frontage Road, Lot A of Great River Subdivision in the City of Burlington, Des Moines County, Iowa and Kirkwood Street more particularly described on the attached Exhibits "A", "B" and "C" respectively, and the City hereby acknowledges and consents to said parking Jot encroachments; and

WHEREAS, it has come to the attention of Huckleberry and Winegard that there signs and light posts placed on City property/street right of way as set forth on the attached Exhibit "D", and the City hereby acknowledges and consents to said signs and lightposts being on said property.

NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City hereby acknowledges and consents to said parking Jot, light post and sign encroachments as set forth on attached Exhibits "A", "B", "C" and "D".

IN WITNESSETH WHEREOF, this Agreement is executed by the parties on the date first dated above, with the intent that it shall be recorded in the office of the Recorder to the Des Moines, County, Iowa.

CITY OF BURLINGTON, IOWA

By:,_----, _________ _ Mayor

Attest:=--:-::-------­CityClerk

STATE OF IOWA; COUNTY OF DES MOINES; SS:

On this __ day of 2014, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Shane McCampbell and Kathleen P. Salisbury, to me personally known, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Burlington, Iowa, a municipal corporation; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation. by authority of its City Council, as contained in (Ordinance/Resolution) No. passed by Resolution of the City Council under Roll Call No. of the City Council on the __ day of --..,--::--:------? 2014 and Shane McCampbell and Kathleen P. Salisbury acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed.

Notary Public in and for the State of Iowa

2

Exhibit "A" Parking Lot Encroachment on Frontage Road

PART OF KIRKWOOD STREET IN THE SOUTHWEST 114 OF THE NORTHWEST 114 OF SECTION 31, T70N, R2W OF THE 5TH P.M., CITY OF BURLINGTON, DES MOINES COUNTY, IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT THE SOUTHWEST CORNER OF LOT 3 IN GREAT RIVER SUBDIVISION AS PER PLAT RECORDED MARCH 25, 2013 AS DOCUMENT NUMBER 2013-001310 IN THE OFFICE OF THE DES MOINES COUNTY RECORDER; THENCE soo·oo'30"E 2.00'; THENCE S89.59'47"W 142.69'; THENCE N00.03'43"W 2.00' TO A CORNER OF LOT 2 IN SAID GREAT RIVER SUBDIVISION; THENCE N89.59'47"E 142.69' ALONG THE SOUTH LINE OF SAID LOT 2 TO THE PLACE OF BEGINNING.

AND

PART OF TRACT 3 IN FIRST SUBDIVISION OF A PART OF THE SOUTHWEST 114 OF THE NORTHWEST 1/4 OF SECTION 31, T70N, R2W OF THE 5TH P.M., CITY OF BURLINGTON, DES MOINES COUNTY, IOWA AS PER PLAT RECORDED JUNE 16, 1960 IN PLAT BOOK 6, PAGE 62 IN THE OFFICE OF THE DES MOINES COUNTY RECORDER, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT THE SOUTHWEST CORNER OF LOT 3 IN GREAT RIVER SUBDIVISION AS PER PLAT RECORDED MARCH 25, 2013 AS DOCUMENT NUMBER 2013-001310 IN THE OFFICE OF THE DES MOINES COUNTY RECORDER; THENCE S89.59'47"W 142.69' ALONG THE SOUTH LINE OF LOT 2 IN SAID GREAT RIVER SUBDIVISION TO A CORNER OF SAID LOT 2; THENCE N00.03'43"W 69.63' ALONG THE LINE OF SAID LOT 2; THENCE S89.56'17"W 122.00' ALONG THE LINE OF SAID LOT2; THENCE NSTI 7'32"W 39.89' ALONG THE LINE OF SAID LOT 2; THENCE N33.58'13''W 28.83' ALONG THE LINE OF SAID LOT 2 TO THE PLACE OF BEGINNING; THENCE N89.46'41"W 6.79'; THENCE NOO.J3'19"E 10.00' TO A CORNER OF LOT 2 IN SAID GREAT RIVER SUBDIVISION; THENCE S33.58'13"E 12.09' ALONG THE LINE OF SAID LOT 2 TO THE PLACE OF BEGINNING.

3

Exhibit "B" Parking Lot Encroachment on Lot A of Great River Subdivision

PART OF LOT A (WINEGARD DRIVE) IN GREAT RIVER SUBDIVISION IN THE NORTHWEST 1/4 OF SECTION 31, T70N, R2W OF THE 5TH P.M., CITY OF BURLINGTON, DES MOINES COUNTY, IOWA AS PER PLAT RECORDED MARCH 25, 2013 AS DOCUMENT NUMBER 2013-001310 IN THE OFFICE OF THE DES MOINES COUNTY RECORDER, BEING MORE PARTICULARLY DESCRillED AS FOLLOWS:

BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT A; THENCE S74"02'53"W 3.83' ALONG THE SOUTH LINE OF SAID LOT A TO THE PLACE OF BEGINNING; THENCE ALONG THE SOUTH LINE OF SAID LOT A 77.24' ON THE ARC OF A 224.28' RADIUS CURVE CONCAVE NORTHERLY WITH A 76.86' CHORD BEARING S83"54'5l"W (SAID CURVE HAVING A CENTRAL ANGLE OF 19"43'57"); THENCE N86"13'10"W 140.00' ALONG THE SOUTH LINE OF SAID LOT A; THENCE N03'46'50"E 3.00'; THENCE S86'13'10"E 140.00'; THENCE N83"54'51"E 75.83'; THENCE S15'57'07"E 3.00' TO THE PLACE OF BEGINNING.

4

Exlnbit "C" Parking Lot Encroachment on Kirkwood Street

PART OF KIRKWOOD STREET IN THE SOUTHWEST 1/4 OF THE NORTHWEST 114 OF SECTION 31, T70N, R2W OF THE 5TH P.M., CITY OF BURLINGTON, DES MOINES COUNTY, lOW A, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT THE SOUTHWEST CORNER OF LOT 3 IN GREAT RIVER SUBDIVISION AS PER PLAT RECORDED MARCH 25, 2013 AS DOCUMENT NUMBER 2013-001310 IN THE OFFICE OF THE DES MOINES COUNTY RECORDER; THENCE S00'00'30"E 2.00'; THENCE S89'59'47"W 142.69'; THENCE N00'03'43"W 2.00' TO A CORNER OF LOT 2 IN SAID GREAT RIVER SUBDIVISION; THENCE N89'59'47"E 142.69' ALONG THE SOUTH LINE OF SAID LOT 2 TO THE PLACE OF BEGINNING.

5

Exhibit ''D" Light Post and Sign Encroachments

6

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EXHIBIT''O~ TO ACKNOWLEDGEMENT . . .

. . AND CONSENT TO ENCROACHMENTS

Meeting No. PaperNo. Seconded By: __________ _

AYES: _________________________ ___

NAYS: __________________________ _

Introduced By: MOTION CARRIED

For final adoption of an Ordinance: AN ORDINANCE AMENDING SECTION 17.75.104 DISTRICT SIGNAGE REGULATIONS OF TITLE 17, DEVELOPMENT PROGRAM (ZONING CODE) OF THE CITY OF BURLINGTON MUNICIPAL CODE.

Prepared by: City of Burlington Eric T sland Develo ment & Parks Director

ORDINANCE NO. __ _

AN ORDINANCE AMENDING SECTION 17.75.104 DISTRICT SIGNAGE REGULATIONS OF TITLE 17, DEVELOPMENT PROGRAM (ZONING CODE) OF THE CITY OF

BURLINGTON MUNICIPAL CODE.

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BURLINGTON, IOWA that Title 17, City of Burlington Development Program (Zoning and Subdivision Regulations), as established by Ordinance No. 3265, adopted October 20, 2008, is hereby amended as follows:

SECTION 1: PURPOSE. Amending certain language of Ordinance Number 3265, an Ordinance adopting Title 17, City of Burlington Development Program (Zoning and Subdivision Code) of the City of Burlington, Iowa. More specifically, amending certain portions of Section 17.75 Signs.

SECTION 2: RECOMENDATION. On July 21, 2014 the City Planning and Zoning Commission of the City of Burlington voted (5-0) to recommend approval of said amendment .to Section 17.75 Signs of the Zoning and Subdivision Regulations of Title 17, City of Burlington Development Program to the Burlington City Council. Based on the greater setback (1 00-feet) as stated in the amendment, it was determined that there would be minimal impact on nearby properties from a sign that was greater than 6-feet that does not exceed 12-feet in height.

SECTION 3: AMENDMENT. The City Council hereby amends those amendments listed below. Any line or requirement of Ordinance No. 3265 not listed below shall remain unchanged and in full force and effect. Changes are shown below with those words shown with underline being a new addition to the code and those with a strikethrough being a removal from the code. Any words without an underlined or strikethrough will not be changed.

17.75.104 DISTRICT SIGNAGE REGULATIONS: All signage located on a property or lot shall be applied towards the total allowed signage for such property or lot, unless such signage is otherwise exempt, as stated herein. The total allowed signage for a property or lot in each zoning district is as follows:

1. R-1, R-2, R-3 (Residential Zoning Districts) b. Church, school, other institutions and public buildings shall be pennitted one hundred

(100) square feet of signage. A maximum of fifty (50) square feet may be used for an (illuminated) freestanding sign and the remaining signage shall be used in conjunction with and or attached to the principle building. The height of any freestanding sign is not to exceed six (6) feet when located within one hundred (1 00) feet of an adjoining lot or any other lot in which the sign faces that is used and/or zoned for residential purposes and shall not exceed twelve ( 12) feet in height when located further than 1 DO-feet from adjoining lots used and/or zoned for residential purposes. ami shall net lle within fifty (5Q) feet ef an aEljeining let 11see anEitar zened fer residentialp!!rpeses.

SECTION 4: SAVINGS CLAUSE. If any section, provision, sentence, clause, phrase, 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 provision, section, subsection, sentence, clause, phrase, or part hereof not adjudged invalid or unconstitutional.

SECTION 5: EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage, approval, and publication as provided by law.

Approved and adopted this __ day of _______ ,, 2014.

Shane A. McCampbell - Mayor

ATTEST:

Kathleen P. Salisbury, MMC- City Clerk

I certify that the foregoing was published as

Ordinance No. _____ on the ___ day of _______ , 2014.

Kathleen P. Salisbury, MMC- City Clerk

Meeting No. PaperNo. Seconded By: __________ _

AYES: __________________________ __

NAYS: _________________________ _

Introduced By: MOTION CARRIED

For final adoption of an Ordinance: AN ORDINANCE REZONING THE PROPERTY LOCATED EAST OF OSBORN STREET BETWEEN FRANKLIN STREET AND MT. PLEASANT STREET FROM A M-1, LIGHT INDUSTRIAL, TO A R-3, TWO-FAMILY RESIDENTIAL ZONING DISTRICT.

Prepared by: City of Burlington Eric Tysland, Development & Parks Director

400 Washington St, Burlington, lA 52601 (319) 753-8158

ORDINANCE NO. __ _

AN ORDINANCE REZONING THE PROPERTY LOCATED EAST OF OSBORN STREET BETWEEN FRANKLIN STREET AND MT PLEASANT STREET FROM M-1, LIGHT INDUSTRIAL TO R-3, TWO-FAMILY RESIDENTIAL ZONING DISTRICT

BE IT ORDAINED by the City Council of the City of Burlington, Iowa, that the City's existing Official Zoning Map, as established by Ordinance No. 3265, adopted October 6, 2008, is hereby amended:

Section 1: PURPOSE: The purpose of this Ordinance is to amend the Official Zoning Map of the City of Burlington, Iowa, to rezone the property located east of Obsborn Street between Franklin Street and Mt Pleasant Street as shown in "Exhibit A" and legally described in "Exhibit B", attached hereto and made a part thereof, from M-1 to R-3 based upon a petition of the consenting property owner and their desire for change in zoning classification.

Section 2: AMENDMENT: Chapter 17.10.03 Establishment of Zoning Districts: Official Zoning Map of the City of Burlington, Iowa is amended by changing the Official Zoning Map to provide that the property as shown in "Exhibit A" and described in "Exhibit B", attached hereto and made a part thereof, is rezoned from M-1, Light Industrial Zoning District to R-3, Two-family Residential Zoning District classification. ·

Section 3: CITY PLANNING COMMISSION: The City Planning Commission duly advertised and held a public hearing on July 21, 2014 regarding the rezoning of the property as described above. The City Planning Commission voted 5-0 to recommend approval of the request to the City Council based on the current and surrounding land uses and the Future Land Use Map of the City of Burlington.

Section 4: SAVINGS CLAUSE: If any section, provision, sentence, clause, phrase 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 provision, section, subsection, sentence, clause, phrase or part hereof not adjudged invalid or unconstitutional.

Section 5: VIOLATIONS AND PENALTIES: Any person who violates the provisions of this ordinance upon conviction shall be punished as set forth the City Code of the City of Burlington, Iowa.

Section 6: EFFECTIVE DATE: This Ordinance shall be in full force and effect from and after its passage, approval and publication as provided by law.

Approved and adopted this __ day of-------'' 2014.

Shane McCampbell - Mayor

ATTEST:

Kathleen P. Salisbury, MMC - City Clerk

I certify that the foregoing was published as

Ordinance No. _____ on the ___ day of ______ ,, 2014.

Kathleen P. Salisbury, MMC- City Clerk

0 20 40 80

I I I I

EXHIBIT "B"

LEGAL DISCRIPTION

Commencing at the NE corner of Lot 4 in Well's Addition; thence northerly to the NE corner of Lot 3 in Theodore Roth's Subdivision of Lot 300 and part of Lot 261, in Northern Addition; thence westerly following Franklin Street right-of-way to the intersection with Osborn Street right-of-way; thence southerly along Osborn Street right-of-way to the NW corner of Lot 4 in Well's Addition; thence easterly to the place of beginning; all located in the City of Burlington, Des Moines County, Iowa.

(Parcel #s: 11-32-253-001, 11-32-253-002, 11-32-253-012, 11-32-253-013, 11-32-401-001' 11-32-401-002)

Meeting No. PaperNo. Seconded By: __________ _

AYES: _____________ ___

NAYS: _____________ ___

Introduced By: MOTION CARRIED

For final adoption of an Ordinance: AN ORDINANCE AMENDING V ARlO US SECTIONS OF CHAPTER 162, FIRE PREVENTION CODE OF THE CITY OF BURLINGTON MUNICIPAL CODE.

ORDINANCE NO. __ _

AN ORDINANCE AMENDING VARIOUS SECTIONS OF CHAPTER 162, FIRE PREVENTION CODE

OF THE CITY OF BURLINGTON MUNICIPAL CODE

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BURLINGTON, IOWA:

Section 1: AMENDMENT: That Chapter 162, Fire Prevention Code of the City of Burlington Municipal Code is hereby amended. as shown in Exhibit "A" attached hereto and made a part thereof. ·

Section 2: SAVINGS CLAUSE: If any section, provision, sentence, clause, phrase 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 provision, section, subsection, sentence, clause, phrase, or part hereof not adjudged invalid or unconstitutional.

SECTION 3: EFFECTIVE DATE: This Ordinance shall be in full force and effect from and after its passage, approval, and publication as provided by law.

Approved and adopted this __ day of ____ ,, 2014.

Shane A. McCampbell, Mayor

ATTEST:

Kathleen P. Salisbury, MMC City Clerk

I certify that the forgoing was published as:

Ordinance No. _____ on the ___ day of ___ ___, 2014.

Kathleen P. Salisbury, MMC City Clerk

Exhibit "A"

CHAPTER 162

FIRE PREVENTION CODE

162.01 Adoption of International Fire Code 162.02 Amendments to Code

162.04 Authority to Require Perm~ 162.05 Penalty

162.03 Fire Lim~s

162.01 ADOPTION OF INTERNATIONAL FIRE CODE. There is adopted for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion the 2012 Edition of the International Fire Code and Appendices B, C, D, E, F, G, H, I, and J of said Code, published by the International Code Council, Inc., to provide a coordinated set of regulations under which there may be promoted uniform construction and maintenance of such regulations by governmental agencies. This code is adopted as the official Fire Prevention Code of the City and by this reference is adopted as fully as if set out at length in this chapter. Wherever the word "Municipality' is used in the Fire Prevention Code adopted in this chapter, it is held to mean the City of Burlington. Wherever the word "Code Offtcial' is used it is held to mean the Fire Chief or his Designee. The official copy of the Fire Prevention Code, as adopted in this chapter, including a certificate by the Clerk as to its adoption and the effective date, is on file at the office of the Clerk. Copies of such Code are available at the office of the Clerk for public inspection.

162.02 AMENDMENTS TO CODE. The 2012 Edition of the International Fire Code is amended as follows:

1. Section 104.12 (New section) The code official is authotized to order an operation or use stopped, or the evacuation of any premises, building, or vehicle, or portion thereof, which has or is a fire, life safety or heaHh hazard.

. 2. Section 1 05 (PERM ITS) is repealed and there is adopted in lieu thereof the following:

Section 105 Required Pennits: It is unlawful for any person, firm or corporation to use a building or premises for which a penni! and/or inspection is required without previously obtaining a valid penni! and/or inspection and paying associated fees. Permits and/or inspections required by the Bureau of Fire Prevention and the schedule of fees for such service will hereafter be established through resolution by the City Council. Pennits and/or inspections required by the Bureau of Fire Prevention are as follows:

Open Burning Spray or Dipping Operations

Compressed Gases Explosives and Blasting Agents Fireworks Flammable and Combustible Liquids Hazardous Chemicals Liquefied Petroleum Gases Liquor Inspections State Required Inspections Hotel/Motel/Bed & Breakfast

3. Section 108 (Board of Appeals) is repealed and there is adopted in lieu thereof the following:

Refer to Chapter 166 (Construction Board of Appeals) of this Code.

4. Section 301.2 (Permits) is repealed and there is adopted in lieu thereof the following:

Section 301.2 Permits: Permits are required to conduct open burning as set forth in Section 307 Open Burning.

5. Section 307 (OPEN BURNING AND RECREATIONAL FIRES) is repealed and there is adopted in lieu thereof the following:

Section 307 Open Burning:

Open Burning Defined. Open burning shall be defined as any fire in an outside location.

Open Burning Prohibited. No person shall ignite, cause to be ignited, permit to be ignited, allow or maintain, kindle or maintain within the City any open burning fire.

Exceptions. Exceptions shall include only the following:

Exception 1: Religious and Ceremonial Fires.

Religious and ceremonial fires are defined as the burning of materials on the ground and not in a manu1actured container for religious, ceremonial, or similar purposes and in accordance with this section.

Prior to the commencement of a religious or ceremonial fire, the fire department shall be notified and a permit obtained. Fuel shall be limited to clean lumber, logs, or charcoal. The size and location of these fires may be modified with the approval of the fire chief.

The time period of the religious or ceremonial fire shall be approved by the fire chief and shall be included on the permit.

Exception 2: Outdoor Cooking Fires.

Outdoor cooking fires are defined as the burning of materials where fuel being burned is contained in manufactured outdoor fireplaces or grills used for food preparation and in accordance with this section. A permtt is not required for outdoor cooking fires. Outdoor cooking fires shall be conducted within safe distances from buildings, structures and combustible materials. Fuel shall be limned to clean lumber, logs, propane, natural gas or charcoal.

Exception 3: Training Fires.

Training fires are defined as fires set for the purpose of bona fide instruction and training of public and industrial employees in the methods of fire fighting.

Prior to commencement of open burning, the fire department shall be notified and a permtt obtained. EPA notification shall be accomplished as per their requirements.

The time period of the training fire shall be approved by the fire chief and shall be included on the permit.

Exception 4: Disaster Rubbish.

Disaster rubbish is defined as the open burning of rubbish, including landscape waste, for the duration of the community disaster period in cases where an offiCially declared emergency condition exists. Prior to commencement of open burning, the fire department shall be notified and a permit obtained.

The time period of the disaster rubbish fire shall be approved by the fire chief and shall be included on the penn it.

Exception 5: Leaves.

Leaves are defined as leaves and twigs smaller than one inch in diameter and two feet in length.

Open burning of leaves shall be permitted on Wednesdays and Saturdays between 10:00 a.m. and 5:00 p.m., April 1 through April 30 and November 1 through November 30.

A penni! is not required for leaf burning.

Exception 6: Landscape Waste.

Landscape waste is defined as the open burning of tree trimmings and brush on large areas of agricultural land wtthin the incorporated limits of the City. Landscape waste shall be only that material that originates on the premises.

Prior to commencement of open burning, the fire department shall be notified and a permit obtained.

The time period of the landscape waste fire shall be approved by the fire chief and shall be included on the permit.

.t;:;xcel?tion 7: Recreational Fire~ ____________________________________ --1 ~f.~.~ custom

No permit shall be, required for recreational fires, _______________________ ~,--', •----------------------- ---- ----- ----- ------- ---------,

Recreational fires shall be limited to manufa~ured fire ~it aru>liances, _____ ~ '', above or below ground fire pits. protected by metal. stone. or concrete. ', ------, '

All openings shall be covered by a protective mesh screen with a maximum arid size of % inch.

Recreational fires shall be located at least 15 feet from any structure or combustible material.

Recreational fires shall be limited to 3 feet or less in diameter and 2 feet or less in height.

Burning material shall be limited to clean drv wood or commercial fireplace logs.

Recreational fires shall be limited to between the hours of 11 :00 am and 1:00am.

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Rules Governing Open Burning Permitted in Accordance With the ======-----__) Aforementioned Exceptions.

1. Attendance/Fire Extinguishing Equipment. Burning material shall be constantly attended by an person adult familiar with the open burning regulations with appropriate fire extinguishing equipment readily available.

2. Wind Speed. No fire may be kindled when wind velocity exceeds fifteen (15) miles per hour.

3. Distance From Structures or Other Combustible Materials. Open burning shall not be conducted within 50 feet of any structure or other combustible material. Condttions which could cause the fire to spread to within 50 feet of a structure shall be eliminated prior to ignition.

Exception: Clearance from structures and other combustible material is allowed to be reduced to not less than 25 feet when the pile size is 3 feet or less in diameter and 2 feet or less in height

Exception: Landscape waste fires shall be permttted only when the open fire will be at least one quarter mile or more from any building inhabited by other than the land owner or tenant conducting the open burning and is maintained at safe distances from other combustible materials.

4. Discontinuance. +Re-Fire GhiefAny Burlington firefighter or police officer is authorized to require that open fires be immediately discontinued if determined that smoke emissions are offensive to occupants of surrounding property<-er ll the open burning is determined to constttute a hazardous condition. or the open burning is determined to be in violation of this section,

6. Section 405.2 (Frequency) Add to the end of the section as follows: Fire and evacuation drills in Group E occupancies shall be conducted in accordance wtth section 100.31 of the Code of Iowa.

7. Section 2306.2.3

The following exceptions shall be added:

Exception: Installation of above ground tanks utilizing Class I liquids for fueling motor vehicles within SP-1 (AIRPORT) zoned areas in the City shall be permitted if in compliance with NFPA 30A, 2000 Edition, Code for Motor Fuel Dispensing Facility and Repair Garages; Chapter 4, Storage of Liquids, Section 4.3.2 Aboveground Storage Tanks.

Exception: Installation of above ground tanks utilizing Class II and Ill liquids for fueling motor vehicles wtthin M-1 or M-2 zoned areas in the City shall be permitted if in compliance with NFPA 30A, 2000 Edition, Code for Motor Fuel Dispensing Facility and Repair Garages; Chapter 4, Storage of Liquids, Section 4.3.2 Aboveground Storage Tanks.

8. Section 5601.2.4 (Financial responsibility) is repealed and there is adopted in lieu thereof the following:

Section 3301.2.4 Financial Responsibility: Fireworks: The permittee shall furnish to the Fire Prevention Bureau a copy of Certificate of Liability insurance in the amount of $1,000,000.00 to provide payment for all damages which may be caused either to a person or persons or to

property by reason of the permitted display, and arising from any acts of the permittee, his agent, employees, or subcontractors.

162.03 FIRE LIMITS. The fire limits are established as follows: Commencing at a point east of the intersection of Court Street and Front Street at the low water mark on the west bank of the Mississippi River, and running west on Court Street to Main Street, thence north on Main Street to High Street, thence west on High Street to Fourth Street, thence south on Fourth Street to Columbia Street, thence west on Columbia Street to Central Avenue, thence south on Central Avenue to Valley Street, thence east on Valley Street to Seventh Street, thence south on Seventh Street to Market Street, thence east on Market Street to Fifth Street, thence south on Fifth Street to Division Street, thence east on Division Street to Third Street, thence south on Third Street to Angular Street, thence east on Angular Street to Main Street, thence south on Main Street to Locust Street, thence east on Locust Street and Locust Street produced to the low water mark on the west bank of the Mississippi River, thence north along such low water mark to the place of beginning, excepting from the above described district the following:

Commencing at a point where Division Street extended meets the low water marl<, thence west to the intersection of Division and Main Streets, thence south on Main Street to Angular Street, thence east on Angular Street and Angular Street produced to the low water marl< on the west bank of the Mississippi River, thence north along such low water mark to the place of beginning.

The district within the fire limns is known as the "Fire Districf and all buildings erected therein shall conform to the requirements prescribed for buildings wtthin the fire limits or district by the Building Code.

162.04 AUTHORITY TO REQUIRE PERMITS. The Council shall determine and specify, after giving affected persons an opportunity to be heard, any new materials, processes or occupancies, which require permits, in addition to those now enumerated in the Fire Code. The Chief of the Bureau of Fire Prevention shall post a list of the permits so required in a conspicuous place in the Chiefs office and shall distribute copies thereof to interested persons.

162.05 PENALTY. Any person violating any of the provisions of this chapter shall, upon conviction, be subject to the penalties set forth in Section 1.14 of this Code of Ordinances or a violation of any of the provisions of this chapter shall constitute a municipal infraction and may be enforced under Chapter 4 of this Code of Ordinances.

(Ch.162- Ord. 3300-Aug.11 Supp)

Meeting No. I (p Paper No. !;' August 18, 2014 - Continued to September 2, 2014 City Council Meeting (VOTE: 3 - "A YES" Scott, Shockley & Anderson- CARRlED 2 - Absent - McCampbell & Fleming)

Meeting No. PaperNo. Seconded By: ~ AYES: __________________________ ___

NAYS: __________________________ ___

Introduced By:

J~ MOTION CARRlED

For final adoption of an Ordinance: AN ORDINANCE AMENDING SECTION 3J.ol CREATION; COMPOSITION OF CHAPTER 31 RIVERFRONT ADVISORY COMMITTEE OF THE BURLINGTON MUNICIPAL CODE.

ORDINANCE NO. __ _

AN ORDINANCE AMENDING SECTION 31.01 CREATION; COMPOSITION OF CHAPTER 31 RIVERFRONT ADVISORY COMMITTEE OF THE

BURLINGTON MUNICIPAL CODE

BE IT HEREBY ORDAINED BY THE CITY COUNCIL OF BURLINGTON, IOWA;

Section 1: That section 31.01 Creation; Composition of Chapter 31 Riverfront Advisory Committee of the Burlington Municipal Code is amended and will now read as follows:

31.01 Creation; Composition. There is established a Riverfront Advisory Committee consisting of the following: nine (9) members who are resitlems efthe City appointed by the Mayor, with the approval of the Council, for staggered terms of three (3) years; and the City Manager or an individual appointed by the City Manager, who shall serve as the tenth member of the Committee in the capacity of an ex officio member without voting power. Preference shall be given to persons who are residents of the City, but members may be appointed who are residents of the Greater Burlington area. The membership shall include a majority of residents residing within city limits.

This ordinance shall be in full force and effective from and after its passage, approval and publication as provided by law.

APPROVED and ADOPTED this ___ day of ____ __, 2014.

ATTEST:

Kathleen P. Salisbury, MMC City Clerk

Shane A. McCampbell Mayor

I, Kathleen P. Salisbury, City Clerk, in and for the City of Burlington, Iowa do hereby certifY that the foregoing was published as Ordinance No. on this day of ___ _ 2014.

Kathleen P. Salisbury, MMC City Clerk

Prepared by: Finance Department, City of Burlington 400 Washington St, Burlington, lA 52601 Stephanie Stuecker, Department of Administrative Service (319) 753-8178

RESOLUTION NO. __ _

Meeting No. Paper No.

Introduced By: _______ _ AYES: ----------------------

Seconded By: -------- NAYS: ____________________ _

A RESOLUTION APPROVING ADMINISITRATIVE FEES FOR PARKING VIOLATIONS OF THE CITY OF BURLINGTON, IOWA

WHEREAS, the Burlington City Council by resolution, hereby establishes administrative fees to be charged for past due parking violations under Chapter 80 of the Burlington Municipal Code in the City of Burlington as follows:

Additional Administrative fee when filed with Iowa Offset Program: $7 flat fee Additional Administrative fee when filed for collection: $5 per ticket

NOW THEREFORE, BE IT RESOLVED: that the Burlington City Council does hereby approve the schedule of fees, to become effective September 3, 2014, for Parking violations.

APPROVED and ADOPTED this __ day of _____ , 2014.

Shane A. McCampbell- Mayor ATTEST:

Kathleen P. Salisbury, MMC- City Clerk

RESOLUTION NO. ___ _

Meeting No. PaperNo.

Introduced By: ________ _ AYES: _________ ___

Seconded By: ________ _ NAYS: _____________ _

A RESOLUTION TO ESTABLISH FIRE DEPARTMENT RESPONSE FEES

WHEREAS, the Burlington Fire Department incurs a significant amount of staff time and apparatus costs responding to and mitigating fire and other emergencies; and

WHEREAS, good financial management dictates that fees for services be established to cover as much of the cost of providing these services as is reasonable; and

NOW, THEREFORE, BE IT RESOLVED: effective September 3, 2014 the following fees as shown in Exhibit "A" shall be charged for Fire Department responses:

APPROVED and ADOPTED this 2nd day of September, 2014.

ATTEST:

Kathleen P. Salisbury, MMC City Clerk

Shane A. McCampbell Mayor

EXHIBIT "A"

Burlington Fire Department Service Fees

A. Motor Vehicle Fire

B. Motor Vehicle Accidents

C. Grass/Brush Fire

Explanations-

$250 (Burlington Resident-$150)

$250 (Burlington Resident-$150)

$250/hour ......... $1000 maximum

A. Motor Vehicle Fire- Invoice will be sent to vehicle owner if the Fire

Department extinguished a fire.

B. Motor Vehicle Accidents- Invoice will be sent to responsible party, if known.

Invoice will only be sent if an engine company was needed for the following

reasons- patient care, patient entrapment, or hazardous material releases.

C. Grass/Brush Fire- Invoice will be sent to landowner if the Fire Department

used more than 1 resource (vehicle) or operated on scene for more than 1

hour.

City of

Burlington DISCUSSION ITEM NO. j_

A Great Place to Live, Work and Play

Memorandum

To: City Council

From: Jim Femeau, City Manager

Date: 8/21/2014

Re: Closing Out Sales

We recently had a local business owner complain about the process established for carrying out a going out of business sale in our Code of Ordinances. Code Chapter 131 has the procedures involved, which I encourage you to review. I made some comparisons with the codes used by some of our comparable cities, which are included in your packet behind this memo. The cities that we reviewed for this were Ford Dodge, Marshalltown, Mason City, and Waterloo. Looking through the ordinances established in these other coinmunities in comparison to ours, a few items stand out. First, there is a consistency in requiring a list of items included in the closing out sale to be provided. Second, several require that no merchandise can be added that is specifically included in any closing out promotions, though some allow additional items to be brought in tl1at are not promoted as part ofthe close out sale. Third, most communities include a requirement of a $1,000 surety bond- this bond is designed to ensure that the business conforms wi1h our code as well as to protect prospective buyers who are buying product from a company that will be going out of business. Fourth, there is an established fee 1hat is charged, typically for a period of 30 or 60 days, wi1h renewal allowed for an additional fee. Having these items included in our code makes sense; it is the type of information that is asked for in several other communities.

The local business owner that is going out of business had a few complaints. One comment made was that West Burlington does not have this ordinance, and I think the local business highlighted Cedar Rapids' ordinance as well for being less intrusive, specifically in not requiring an inventory list, a ban on merchandise to be added, and an inventory valuation requirement. The local business did not like the majority of the requirements for inventory lists, inventory valuation, the limitation on adding additional inventory, the requirement for a surety bond, as well as the fee charged for the license.

There are reasons for a majority of the requirements that are part of our ordinance. Having an inventory list, as well as a prohibition about bringing in additional inventory that is included in the going ont of business sale, is designed to keep from having a sale that not truly a closing sale from going into perpetual sale mode as a method of doing business. Having a valuation requirement is intended to ensure 1hat the inventory fits into the fee classification category they are applying for (1his means to satisfY 1he intent, we need an overall valuation of the inventory proposed to be sold, not a breakdown of the component line items). Having a surety bond requirement protects the customers who buy product from a business that is going out ofbusiness. The area that makes the most sense for modification, if the Council were to so

City of Burlington fill 400 Washington St fill Burlington, IA 52601.

City of

Burlington A Great Place to Live, Work and Play

desire, would be in the fees we charge for the license itself. fu reviewing the fees established by ordiuauce for the four communities included in your packet, we are siguificautly higher thau the rest. If there is a desire to modify our fee structure, we can do so by resolution. It looks like the majority of other communities are charging in the area of$100 for au inventory value of over $15,000.00. We have categories that go well above this.

The Council also cau look to eliminate the business closing ordiuauce as well, but please note that there are several reasons why these ordiuauces were established in the frrst place, aud the majority of the requirements are comparable to what cau be found in other, though definitely not all, communities.

City of Burlington Ill 400 Washington St Ill Burlington, IA 52601.

Waterloo

CLOSING-OUT SALE: The sale or an offer to sell at retail to the public, goods, wares and merchandise of any and all kinds and descriptions on hand and in stock in connection with a declared purpose, as set forth by advertising, on the part of the seller, that the sale is anticipatory to the termination, closing, liquidation, revision, wind-up, discontinuance, moving, conclusion or abandonment of the business in connection with the sale; it shall also include any sale advertised, either specifically or in substance, to be an "adjustment sale" "creditor's sale" "trustee's sale" "bankrupt sale" "insolvent

' ' ' l

sale", "insurance salvage sale", "mortgage sale", "assignee sale", "adj·ustor's sale" "receiver's sale" "loss of lease sale" "forced out of

' ' ' business sale", "going out of business sale", "removal sale", and any and all sales advertised in such a manner as to reasonably convey to the public that upon the disposal of the stock of goods on hand, the business will cease and be discontinued at its existing location.

LICENSE: A license issued pursuant to this article.

LICENSEE: Any person to whom a license has been issued pursuant to this article.

PUBLISH, PUBLISHING, ADVERTISEMENT, ADVERTISING: Any and all means of conveying to the public notice of a sale or notice of an intention to conduct a sale, whether by word of mouth, by newspaper advertisement, by magazine advertisement, by handbill, by circular, by pamphlet, by written notice, by printed notice, by printed display, by billboard display, by poster, by radio announcement, by radio program, by recordings, or any and all means, including oral, written or printed.

RESIDENT MERCHANT: A merchant who has maintained an established place of retail business within the city for the sale at retail of goods, similar to those to be sold at the sale described in this section, for a continuous period of one year or more directly preceding the opening date of the sale.

TRANSIENT MERCHANT: Any merchant doing or contemplating

1

doing business in the city, and who is not a "resident merchant", as defined in this section. (Rev. Ord. 1952, Comp. 1941, p. P-33)

3-4E-2: EXEMPTIONS FROM ARTICLE: t'ID M

The provisions of this article shall not apply to or effect the following persons or sales:

A Persons acting pursuant to an order or process of a court of competent jurisdiction.

B. Persons acting in accordance with their powers and duties as public officers, such as sheriffs, bailiffs or marshals.

C. Duly licensed auctioneers, selling at auctions.

D. Executors, guardians, assignees of insolvent debtors, bankrupts, or other persons required by law to sell said property. (Rev. Ord. 1952, Comp. 1941, p. P-33)

3-4E-3: LICENSING AUTHORITY: CJ l2l

The city council is hereby authorized and empowered to supervise or regulate closing-out sales, and to issue appropriate licenses therefor upon the proper application for a license, and to provide for the investigation of applications therefor and for the issuance of licenses thereon by the necessary officer. (Rev. Ord. 1952, Comp. 1941, p. P-33)

3-4E-4: LICENSE REQUIRED: 6 [Ej

No person shall hereafter publish or conduct any closing-out sale without first obtaining a license therefor, and remaining in effect and unrevoked. (Rev. Ord. 1952, Comp. 1941, p. P-33)

3-4E-5: APPLICATION FOR LICENSE:t.IJ l2l

2

A First License: Application for a license shall be made in writing to the city clerk on a form to be approved by the city council, and shall be verified by the applicant. Upon receipt of the application and payment of the fee prescribed by this article, the city council shall cause the application to be examined and investigated. The application shall contain the following information:

1. A description of the place where the closing-out sale is to be held.

2. The nature of the occupancy of the premises, whether by ownership, lease or sublease.

3. The effective date of the termination of the occupancy.

4. The means to be employed in publishing the sale.

5. The proposed language to be used in the advertisements to indicate the nature of the sale.

6. A statement of the intention of the applicant for the license in holding the sale.

7. A statement in what manner the descriptive name for the sale is, in fact, descriptive of the sale.

8. A statement as to whether or not any merchandise of any kind, quantity or description has been purchased by or delivered to the applicant for the purpose of being included in the sale.

9. A statement that applicant agrees not to purchase or accept delivery of any merchandise, goods or wares of any kind, nature or description to be sold at the sale after the date of the application.

B. Renewal License: Any licensee who desires a renewal license pursuant to this article shall make application for the renewal license in writing to the city clerk on a form to be approved by the city council, and which shall be verified by the licensee. The

3

application shall contain the following information:

1. A description of the place where the closing-out sale is to be held.

2. The nature of the occupancy of the premises, whether by ownership, lease or sublease.

3. The effective date of termination of the occupancy.

4. The means to be employed in publishing the sale.

5. The proposed language to be used in the advertisements to indicate the nature of the sale.

6. A statement of the intention of the applicant in holding the sale.

7. A statement in what manner the descriptive name is, in fact, descriptive of such sale.

8. A statement as to whether or not any merchandise of any kind, quantity or description has been purchased by or delivered to the applicant for the purpose of being included in the sale.

9. A statement that the applicant agrees not to purchase or accept delivery of any merchandise, goods or wares of any kind, nature or description to be sold at the sale after the date of the application.

10. The approximate proportion of the original inventory on hand at the time of commencing the sale that still remains on hand and unsold. (Rev. Ord. 1952, Comp. 1941, p. P-33)

3-4E-6: CONDITIONS OF LICENSE:CJ E21

A. Surety Bond Prerequisite: Before a license shall be issued by the city council, the applicant for the license shall execute and deliver to the city a bond in the penal sum of one thousand dollars ($1 ,000.00) signed by the applicant, and also signed by a surety company duly authorized to transact business in the state, which bond shall be conditioned upon the faithful observance of the

4

provisions of this article, and also conditioned to reimburse and indemnify any purchaser at the closing-out sale held by the applicant for any loss incurred or damage sustained by the purchaser by reason of misrepresentation or fraud in the sale of any such goods, wares or merchandise.

B. Required Findings: If, upon investigation, the facts as represented by the application for the license are found to conform to the representations on the application; if the reason given for the sale is satisfactory; if there appears to have been no stockpiling of merchandise for sale; there has been no fraud or deception in the application; and the advertisements proposed to be used truly represent the facts and are not fraudulent or misleading to the public, the city council may issue a license permitting the publication and conduct of the sale.

C. Term Of License:

1. A license shall be valid for a period not exceeding sixty (60) days, except that upon satisfactory proof by the licensee that the stock on hand at the time of the original application has not been disposed of, upon proper application, the city council shall cause the same to be examined and investigated; and if it is satisfied as to the truth of the statements contained in the renewal application, the city council may issue a renewal license for one or more consecutive periods of thirty (30) days duration upon payment of the renewal fees therefor.

2. Upon the termination of the closing-out sale, no license shall be issued to the licensee applicant for the period of one year from the closing-out sale.

D. License And Stock List Displayed: Upon commencement of closing-out sale, the license shall be permanently displayed near the entrance to the premises. A duplicate original of the application for the license, and the stock list pursuant to which a license was issued, shall at all times be available to the city council or to the inspector, and the licensee shall permit the

5

inspector to examine all merchandise on the premises for comparison with the stock list at any and all times during the period of the sale.

E. Advertisements: All advertisements or advertising, and the language contained therein, shall be in accordance with the purpose of the sale as stated in the application pursuant to which the license was issued, and the wording of the advertisement shall not vary from the wording as indicated in the application. The advertising shall contain a statement in these words: "Sale held pursuant to License No. of the City of Waterloo, Iowa, granted the day of 20_;" and in such blank spaces shall be indicated the license number and the requisite dates.

F. Books And Records: Books and records of the sale shall be kept by the licensee and shall at all times be available to the inspector. (Rev. Ord. 1952, Comp. 1941, p. P-33)

3-4E-7: LICENSE FEES:CJ ~

A. Upon the filing of an application for an original license, the applicant therefor shall pay the following fees:

1. If the applicant is a resident merchant, the following fees shall be charged:D

Value Of Stock Of Goods On Hand License Fee

$5,000.00 or less $30.00 $5,000.00 but not more than 60.00 $15,000.00 In excess of $15,000.00 100.00

2. If the applicant is a transient merchant, the following fees shall be charged:D

6

Value Of Stock Of Goods On Hand License Fee

$5,000.00 or less $150.00 $5,000.00 but not more than 300.00 $15,000.00 In excess of $15,000.00 500.00

B. If any application or renewal application is disapproved, one-half C/2) of the license fee paid shall be retained by the city as and for the cost of investigating the statements made in the application or renewal application.

C. The license fee for each thirty (30) day renewal period shall be one-half C/2) of the respective fee for an original license.

D. All inventory figures set out in this section shall be computed at the applicant's cost price. (Rev. Ord. 1952, Comp. 1941, p. P-33)

3-4E-8: PROHIBITED ACTS AND CONDITIONS: fiJ W

A Fraudulent Or Misleading Advertising: It shall be unlawful for a licensee to advertise or cause to be advertised, goods, wares, or merchandise, for a closing-out sale, which do not conform to the representations of the advertisement. It shall be unlawful for a licensee to publish, or cause to be published, advertising falsely representing the reason for a closing-out sale.

B. Increasing Inventory: It shall be unlawful for any licensee publishing or conducting a closing-out sale, to purchase or add to the stock of goods offered for sale, any goods during the closing­out sale or during the effective period of the license, or to sell any goods at the closing-out sale except those on hand at the time of application for the license. (Rev. Ord. 1952, Comp. 1941, p. P-33)

7

3-4E-9: REVOCATION OF LICENSE: tPiJ 1:'21

If at any time during a closing-out sale, the city council shall determine that any of the provisions hereof or any of the statements in the application for the license were untrue, or have been or are being violated by the licensee, the city council may immediately revoke the license, and it shall thenceforth be unlawful for the licensee to continue the sale until a new license is issued in accordance with the terms of this article. (Rev. Ord. 1952, Comp. 1941, p. P-33)

3-4E-10: VIOLATION; PENALTY:fll ~

Any applicant for a license, or any licensee who shall violate, neglect or refuse to comply with any of the provisions of this article, or who shall make a false statement in any application for a license, shall be guilty of an offense, and upon conviction thereof, be punished as provided in the general penalty in Section 1-3-1 of this code, and any license issued shall be revoked. (Rev. Ord. 1952, Comp. 1941, p. P-33)

8

Mason City

GOING-OUT-OF-BUSINESS SALE: A sale held out in such manner as to reasonably cause the public to believe that, upon disposal of the stock of goods on hand, the business will cease and be discontinued, including but not limited to the following types of sales: abandonment, adjuster's, alteration, assignee's, bankrupt, benefit of administrators, benefit of creditors, benefit of trustees, building coming down, closing, conclusion, creditor's committee, creditor's discontinuance, end, executors, final days, forced out of business, forced out, insurance salvage sale, insolvents, last days, lease expires, liquidation, loss of lease, mortgage sale, receiver's, revision, trustees, quitting business, termination, windup.

GOODS: Includes any goods, wares, securities, services or merchandise, both tangibles and intangibles, or other property capable of being the object of a sale regulated hereunder.

LICENSE: A formal written permission issued by the City Clerk pursuant to this Chapter to any person to carry on any sale as defined herein.

REMOVAL OF BUSINESS SALE: A sale held out in such a manner as to reasonably cause the public to believe that the person conducting the sale will cease and discontinue business at the place of the sale upon disposal of goods on hand, and then will move to and resume business at a new location in the City, or will then continue business from other existing locations in the City. (Ord. 1329, 8-14-75)

3-8-2: APPLICATION REQUIREMENTS: GJ I2J

Each written application for a license to advertise and conduct a sale pursuant to this Chapter, made to the City Clerk, shall contain the following information: (Ord. 1329, 8-14-75)

A. The true name and address of the owner of the goods to be the object of the sale.

9

B. The location and address of the place where such sale is to be held.

C. The nature of the occupancy, whether by lease or sublease, and the effective date of termination of such occupancy.

D. The dates of the period oftime in which the sale is to be conducted, and whether or not the sale will be conducted on Sundays/holidays.

E. A full and complete statement of the facts in regard to the sale, including the reason for the urgent and expeditious disposal of goods thereby, and the manner in which the sale will be conducted.

F. The means to be employed in advertising such sale, together with the proposed content of any advertisement.

G. A general list of the goods to be sold at such sale as disclosed by the applicant's record. Said list shall be attached to and become part of the required application.

1. Bona Fide Order: All goods included in such list shall have been purchased by the applicant for resale on bona fide orders without cancellation privileges and shall not comprise goods purchased on consignment.

2. Goods Purchased for Sale Hereunder: Such list shall not include goods ordered in contemplation of conducting a saleregulated hereunder. Any unusual purchase or additions to the stock of goods of the business hereby affected within thirty (30) days before filing of an application shall be deemed to be of such character. (Ord. 1329, 8-14-75; 1985 Code)

10

3-8-3: LICENSE REQUIRED: CiJ W

A license issued by the City Clerk shall be obtained by all persons before selling or offering to sell any goods at a sale to be advertised or held out by any means to be one of the following:

Going-out-of-business sale Removal-of-business sale Fire or other altered goods sale

(Ord. 1329, 8-14-75)

3-8-4: LICENSE APPLICATION PROCEDURES:CJ W

All license applications under this Chapter shall be made in writing to the City Clerk on a form obtained from said Clerk. Upon receipt of an application for a license, and payment of the prescribed fee, the City Clerk shall cause each application to be examined and investigated to determine:

A. If the facts as represented in the application are found to be true as stated.

B. If any advertising proposed to be used truly represents such facts and is not fraudulent or misleading to the public.

C. If the terms of this Chapter have otherwise been fully complied with. (Ord. 1329, 8-14-75)

3-8-5: LICENSE FEES:• EE:A

At the time of filing said application, the applicant shall pay to the City a license fee in the amount of fifty dollars ($50.00) for inventory in excess of fifteen thousand dollars ($15,000.00); and a fee of twenty five dollars ($25.00) for inventory in excess of five thousand dollars ($5,000.00) but less than fifteen thousand dollars ($15,000.00). If the

11

merchant holding the sale is not a resident merchant, the fee shall be one hundred dollars ($100.00) and fifty dollars ($50.00), respectively. (Ord. 1329, 8-14-75; 1985 Code)

3-8-6: PERIOD OF LICENSE:.~

A license issued pursuant to this Chapter shall be for a period not to exceed thirty (30) days. (Ord. 1329, 8-14-75)

3-8-7: EXTENSION OF LICENSE PERIOD:. E2i

Within the last ten (10) days of the period of any previous license, an application for extension of said license may be made to the City Clerk upon payment of a fee of five dollars ($5.00) for each day the license period is extended over the original thirty (30) days, providing that no such single period of extension shall exceed the period of the original license. (Ord. 1329, 8-14-75) 3-8-8: INVESTIGATION OF EXTENSION APPLICATIONS: ~~~ .. ... EEl~

Extension applications shall be examined and investigated to the same extent as an original license application. Before the City Clerk shall grant an extension of a license, said Clerk shall make the findings as set out in Section 3-8-2 of this Chapter, and each applicant shall renew the good faith bond required by Section 3-8-9 of this Chapter. (Ord. 1329, 8-14-75)

3-8-9: BOND REQUIRED:fJJ lYi

Before final issuance of any license by the City Clerk, an applicant shall execute and deliver to the City of Mason City a bond in the sum of one thousand dollars ($1 ,000.00). Such bond shall be conditioned upon faithful observance of this Chapter, and shall be forfeited by the applicant if any evidence is subsequently revealed that the applicant has not adhered to the provisions of this Chapter. Each such bond shall be signed by the applicant and a surety company duly authorized to transact business in the State of Iowa. (Ord. 1329, 8-14-75)

3-8-10: GENERAL REGULATIONS:. W

12

No license shall be issued which shall authorize a sale to be conducted for more than thirty (30) days, excepting that an extension of the license period may be granted for an additional thirty (30) days, providing that said extension of the license period meets all the requirements of Sections 3-8-7, 3-8-8 and 3-8-9 of this Chapter. In no event, no sale plus an extension of the license period shall exceed a maximum of sixty (60) days. (Ord. 1329, 8-14-75)

The license shall authorize only the sale of goods as described in the general list attached to the application, and no additions whatsoever shall be made to said inventory during the period of the licensed sale or extension thereof. (Ord. 1329, 8-14-75; 1985 Code)

The license shall authorize only the type of sale described in the application at the location named therein. When a person applying for a license hereunder operates more than one placeof business, the license issued shall apply only to one specified branch or store as set out in the application. No other branch or store shall advertise or represent that it is cooperating with it, or in any way participating in the licensed sale, nor shall the store or branch conducting the sale represent or advertise that any other store or branch is cooperating or participating in any way in the licensed sale.

The license shall not be assignable or transferable and shall authorize only the one type of sale described in the application at the location named therein. (Ord. 1329, 8-14-75)

3-8-11: DUTIES OF LICENSEE: l.ft E2l

A licensee hereunder shall:

A. Make no additions whatsoever, during the period of the licensed sale, to the stock of goods set forth in the list attached to the license application.

B. Refrain from employing any untrue, deceptive or misleading advertising, and shall conduct the licensed sale in strict

13

conformance with any advertising or holding out incident thereto.

C. Shall keep a duplicate list, fully comparable to the one attached to the license application, available at the place of sale, to be presented to the inspecting officials.

D. Clearly separate all goods listed as objects of the sale from any other goods present and available for sale not so listed, by properly identifying goods for sale, by tags attached thereto or some other appropriate means reasonably calculated to apprise the public of the status of all goods.

E. Refrain from the sale of property not listed on the inventory filed with the Clerk. (Ord. 1329, 8-14-75)

F. Shall show the permit number of the license, as assigned by the Clerk, in all printed advertisements for sale. (1985 Code)

3-8-12: EXCEPTIONS:!~)) l2l

The provisions of this Chapter shall not extend to the sale of property made by sheriffs, constables, coroners or by any other person required by law to sell personal property. (Ord. 1329, 8-14-75)

Fort Dodge (next few pages)

14

-

t',-.

BANKRUPTCY, CLOSING-OUT AND FIRE SALES

5.12.060 5.12.070 5.12.080 5.12.090 5.12.100

Display-Fraud and misleading advertising. Inventory regulations. Advertisements-Books and records of sale. Exemptions. License revocation and hearing.

5.12.010 Regulation required. The city council has determined that the public health, welfare, safety

and public Interest require the regulation of certain fire, bankruptcy and closing-out sales and In consideration of the public interest herewlih ordain as set forth in this chapter. (Ord. 1225 § I, 1965).

5.12.020 Dermitions. The following words and terms, as used in this chapter, reSPCctively,

shall be deemed to mean and be construed as follows: (I) "License" means license issued pursuant to this chapter; (2) "License collector" means the city clerk or person duly designated

by him or the city council; (3) "Licensee" means any person to whom a license has been issued

pursuant to this chapter; ( 4) "Publish, publishing, advertisements, advertising" includes and

and aU means of conveying to the public notice of sale or notice of inten­tion to conduct a sale, whether by word of mouth, by newspaper adver­tisement, by magazine advertisement, by handbill, by circular, by pamphlet, by written notice, by printed notice, by printed display, by bill­board display, by poster, by radio announcement, by radio program, by television, by recordings, and any and all means including oral, written or· printed;

(5) "Sales" means the sale or an offer to sell to the public, goods, wares and merchandise of any and all kinds and descriptions on hand and in stock in connection with a declared purpose, as set forth by advertising, on the part of the seller, that such sale is anticipatory to the termination, closing, liquidation, revision, windup~ discontinuance, conclusion or abandonment of the business In connection with such sale. It also includes any sale advertised, either specifically or insubstance, to be a "fire sale;" "smoke and water damage saier ~'adjustment sale;" "creditor's sale;" "'trustee's sale;" "bankrupt sale;'' .. save us from bankruptcy sale;" "in~ solvent sale;" "insurance salvage sale;" "mortgage sale;" Hassignee's sale;" "adjustor's sale;,. "receivers sale;" "loss-of~lease;" •'wholesaler's close-out sale;" l'creditors committee sale;'' urorced..out-of-business sale;" "re~

moval sale," and any and all sales advertised in such a manner as to

81 (Fort Dodge 7·86)

----·

BUSINESS LICENSES AND REGULATIONS

reasonably convey to the public that upon the disposal of the stock of goods on hand, the business will cease and be discontinued. (Ord. 122S § 2, 1965).

S .12.030 License-Required-Application-Contents-False statementli. (a) No person shall publish or conduct any sale without a license there·

for. (b) Application for the license required by this chapter shall be made

to the city council on a form to be approved by the council. It shall be in writing and verified by the applicant.

(c) The application referred to shall contain a description of the place where such sale is to be held, the nature of the occupancy, whether by ownership, lease or sublease and the effective date of termination of such occupancy, the means to be employed in publishing such sale, together with the proposed language contained in publishing such sale, together with the proposed language contained in any advertisements. Such applica· lion shall further contain, as a part thereof, an Itemized list of goods, wares aod merchandise are to be sold under such description name or title, and in what manner such name is truthfully descriptive of such sale, the place where such stock was purchased or acquired, and if not purchased, the manner of such acquisition and when acquired, and also, the date of delivery thereof to the applicant.

(d) Any person who makes a false statement in any application for a license, as herein required, shall upon conviction thereof, be punished by a fine of one hundred dollars or imprisonment for not over thirty days. (Ord. 1225 § 3, 1965).

5.12.040 Ucense-Applicatioo-Examination aod investigation-Bond­Issuance-Duration-Renewal.

(a) Upon receipt of any application for a license and payment of the prescribed fee, the city council shall cause the same to be examined and investigated.

(b) ll<lfore a license required by this chapter shall be issued by the city council under an application therefor, the applicant shall execute, and deliver to the city, a bond in the penal sum of one thousand dollars signed by the applicant, and also signed by a surety company duly authorized to transact business in the state. Such bond shall be conditioned upon the faithful observance of the provisions of this chapter. It shall also be con· ditloned to reimburse and indemnify any purchaser at a sale, as provided for herein, duly held by such licensee, for any loss incurred or damage sus· tained by such purchaser by reason of misrepresentation or fraud, in the

(Fort Dodge 7·86) 82

BANKRUPTCY, CLOSING-OUT AND FIRE SALES

sale of any such goods, wares or merchandise. Said bond shall be in full force and effect for one year following the date of issue of said license. •

(c) If, upon investigation, the facts as represeniated by the application are found to conform to the representations thereof, as contained In the application, and the advertising proposed to be used truly represents such facts and is not fraudulent or misleading to the public, the city council shall issue a license permitting the publication and conduct of such sale.

A llsense issued under· the provisions · of ihls chapter shall be for a period not' exceeding ninety days. No renewal or extension of this license may be granted. (Ord. 1692 § 2 (A, B), 1986; Ord. 1225 § 4, 1965).

5.12.050 License-Fees-Forfeiture. Upon filing an original application for a license to advertise and con­

duct a sale, or special sale, the applicant shall pay, if the stock of goods on hand Inventories at fifteen thousand dollars or less, a license fee in the sum of fifty dollars; if the stock of goods inventories in excess of fifteen thou­sand dollars, the applicant shall pay a fee in the sum of one hundred dollars. If an application be disapproved, one-half of such payment shall be forfeited to the city council as and for the cost of Investigating the state­ments in such application. (Ord. 1692 § 2 (C), 1986; Ord. 1225 § S, 1965).

5.12.060 Display-Fraud and misleading advertising. (a) Upon commencement of any sale the license issued by the city

council shall be prominently displayed near the entrance to the premises. (b) It is unlawful for a licensee to advertise, or cause to be advertised,

goods, wares or merchandise for a sale, which do not conform to the repre­sentations of the advertisement. It is unlawful for a licensee to publish, or cause to be published, advertised falsely representing the reason for a sale. (Ord. 1225 § 6, 1965).

5.12.070 Inventory regulations. (a) Adding Goods to Inventory Stock or SeUing Goods Not in Original

Inventory. It is unlawful for any person conducting a sale to add any goods to the

inventoried stock thereof, or to sell any goods, except those in the original inventory while representing the same by advertising, inference or other­wise, as being a part of the goods advertised for sale, as herein authorized.

(c) Duplicate of Application and Stock List to be Made Available for Inspection-Examination of Merchandise.·

A duplicate original of the application for a license and stock lis!, ,/"""· pursuant to which such license was issued, shali at all times, be available

83 (Fort Dodge 7-86)

BUSINESS LICENSES AND REGULATIONS

to the city council or to the license collector, and the licensee shall permit the license collector to examine all merchandise in the premises for com­parison with such stock list at any and all times during the period of such sale. (Ord. 1692 § 2 (D), 1986; Ord. 1225 § 7, 1965).

5.12.080 Advertisements-Books and records of sale. (a) AU advertisements or advertising, and the language contained there­

in, shall be in accordance with the purpose of the sale as stated in the ap­plication pursuant to which a licen!" was issued. The wording of such ad­vertisements shall not vary from the wotding as indicated in the applica­tion. Such advertising shall contain a statement in these words: "Sale held pursuant to Permit No. of the City Council, granted the day of , 19 " and in such blank spaces shall be indica=te"'d'"'t.,.h"'e permit number and the requisite dates.

(b) Books and records of sales, under this chapter, shall be kept by the licensee, and shall at all times be available to the license collector. (Ord. 1225 § 8, 1965).

5.12.090 Exemptions. The provisions of this chapter shall not apply to or affect the following

persons: (I) Persons acting pursuant to an order or process of a court of com­

petent jurisdiction; (2) Persons acting in accordance with their powers and duties as public

officers, such as sheriffs' bailiffs or marshals; (3) Duly licensed auctioneers selling at auction; ( 4) Executors, guardians, assignees of insolvent debtors, bankrupts or

other persons required by law to sell such property. (Ord. 1225 § 9, 1965).

5.12.100 License revocation and hearinJ!. (a) In addition to penalties otherwise provided in this chapter, the city

council may order, for failure to comply with the provisions of this chapter, the revocation or suspension of any license hereunder.

(b) No order of revocation or suspension shall be lawful unless the following requirements have been met:

(1) The licensee shall be serveil with written notice containing assertions of fact or conduct which warrant the intended action. Reference shall be made to ordinance provisions allegedly violated and the time and place and nature of hearing shall be specified.

(2) The city council shall conduct a hearing for the purpose of re­solving those issues of law and fact arising out of the individual case.

(Fort DodJe 7-86) 84

CABLE RATE REGULATION

Should the licensee or his antborized representative fail to appear without good cause, the COIIIICil may proceed. in bis absence. to a detemlination of the issues.

(3) The licensee sball have tbe right to be represented by counsel. to testify and present ~ in his own behalf, and to cros&-exlllninc adverse wililesses.

(4) 1be city coundl may ma1ce and record findings of fact and conclu­sions of law, and sball issue an on!el" of suspension or mvocadon, only wbcn it fillds clear and convincing cvidcllcc of substantial violation of Ibis c:hapta'.

(S) If tbe city COIIIICil finds that tbe pnblic bcalth or safety requires emergency action, and iJICOI)IOJ'llleS a finding to that clfect in its on!el", S1IJI1IJili1'Y suspension of a license may be ordeml pending hearing on tbe suspension or n~Vocation. · (6) Any person aggrieved by any of tbe actions of tbe council may

appeal such COIIIICil action as by law provided. (Oni. 1692 § 2(E), 1986).

Chapter 5.16

CABLE RATE REGULATION

Seetkms: 5.16.010 FCC Rate Regulations.

5.16.010 FCC Rate Regulations. (a) The city will follow tbe FCC Rate Regulations in its regulation of

the basic serviCe rates and charges of the compnny and any other cable television system operating in the city, notwithstanding any different or inconsistent provisions in tbe franchise; and

(b) In connection with such rcgulalion, the city will ensure a reasonable opportunity for considefation of the views of interested parties; and

(c) 1be mayor, or his or her designee, is authorized to execute on behalf of the city and file with the FCC such certification fonns or other instru­ments as arc now or may hereafter be ~equircd by the FCC Rate Regula­tions in order to enable the city to regulate basic service rates and charges; and

(d) This chapter sball be effective as by law provided. (Oni. 1850 §§ 1--4. 1993).

85

Marshalltown

ARTICLE V. PUBLIC SALES*

Cross reference(s)-Payment offees, fmes or unsatisfied judgments prerequisite to issuance of city license or permit,§ 1-12.

Sec. 17-193. Def"mitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

a.) Advertising. Advertising, advertisement includes the terms "publish," and "publishing," and means and includes any and all means of conveying to the public notice of sale or notice of intention to conduct a sale, whether by word of mouth, by newspaper advertisement, by magazine advertisement, by handbill, by circular, by pamphlet, by written notice, by printed notice, by printed display, by billboard display, by poster, by radio armouncement, by radio program, by recordings, and/or any and all means including oral, written or printed.

b.) Going out of business sale. Going out of business sale means the sale or an offer to sell at retail to the public goods, wares and merchandise of any and all kinds and descriptions on hand and in stock in connection with a declared purpose, as set forth by advertising, on the part of the seller that such sale is anticipatory to the termination, closing, liquidation, revision, windup, discontinuance, moving, conclusion or abandonment of the business in connection with such sale. It shall also include any sale advertised, either specifically or in substance, to be an adjustment sale, creditor's sale, trustee's sale, bankrupt sale, insolvent sale, insurance salvage sale, mortgage sale, assignee sale, adjustor's sale, etc., receiver's sale, loss of! ease sale, forced out of business sale, going out of business sale, removal sale, and any and all sales advertised in such marmer as to reasonably convey to the public that, upon the disposal of the stock of goods on hand, the business will cease and be discontinued at its existing location.

c.) License. License means a license issued pursuant to this article. d.) Licensee. Licensee means any person to whom a license has been issued pursuant

to this article. e.) Publish, publishing. See Advertising. f.) Resident merchant. Resident merchant means a merchant who has maintained an

established place of retail business within the city for the sale at retail of goods similar to those to be sold at the sale described in this article, for a continuous period of one year or more directly preceding the opening date of such sale.

20

g.) Transient merchant. Transient merchant means any merchant doing or contemplating doing business in the city and who does not come within the defmition of a resident merchant in this section.

(Ord. No. 10586, § I, 5-11-1964)

MARSHALLTOWN CITY CODE 2013 RECODIFICATION

Cross reference(s)-Definitions generally,§ 1-2.

Sec. 17-194. License required.

No person shall publish or conduct any sale of the type defmed in this article without a license therefore, duly issued in accordance with this article, and remaining in effect and unrevoked.

(Ord. No. 10586, § 2, 5-11-1964)

Sec. 17-195. Powers and duties of clerk.

The city clerk is authorized and empowered to supervise or regulate sales or special sales defined in section 17-193, to issue appropriate licenses therefore upon the proper application therefore as provided in this article, and to provide for the investigation of applications therefore and for the issuance of licenses thereon by the necessary officer.

(Ord. No. 10586, § 3, 5-11-1964; Ord. No. 14609, § 9, 12-30-1998)

Sec. 17-196. Application for license; contents; investigation.

a.) Application for a license under this article shall be made in writing to the city clerk in a form to be approved by the city council and shall be verified by the applicant. Such application shall contain the following information:

1.) A description of the place where such sale is to be held. 2.) The nature of the occupancy, whether by ownership, lease or sublease. 3.) The effective date of termination of such occupancy. 4.) The means to be employed in publishing such sale. 5.) The proposed language to be used in the advertisements to indicate the nature of the sale. 6.) A statement of the intention of the applicant in holding such sale. 7.) A statement in what manner such descriptive name is truthfully descriptive of such sale. 8.) A statement as to whether or not any merchandise of any kind, quantity or description has been purchased by or delivered to the applicant for the purpose of being included in such sale.

21

b.) A statement that the applicant agrees not to purchase or accept delivery of any merchandise, goods or wares of any kind, nature or description to be sold at such sale after the date of the application.

c.) Upon receipt of such application and payment of the fee prescribed in this article, the city clerk shall cause the application to be examined and investigated.

(Ord. No. 10586, § 4, 5·11-1964; Ord. No. 14609, § 10, 12-30-1998)

Sec. 17-197. Bond.

Before the City Clerk shall issue a license under this article, the applicant shall execute and deliver to the city a bond in the penal sum of $1,000.00 signed by such applicant and also signed by a surety company du1y authorized to transact business in the state. This bond shall be conditioned upon the faithful observance of the provisions of this article and also conditioned to reimburse and indemnifY any purchaser at any such sale, as provided for in this article, duly held by such licensee for any loss incurred or damage sustained by such purchaser by reason of misrepresentation or fraud in the sale of any such goods, wares or merchandise.

MARSHALLTOWN CITY CODE 2013 RECODIFICATION

Sec. 17-198. License fees.

Upon filing an original application or a renewal application for a license to advertise and conduct a sale as defined in this article, if the applicant is a resident merchant as defined, the applicant shall pay a license fee determined by council resolution. If any application or renewal application is disapproved, one-half of the payment shall be forfeited to the city, as and for the cost of investigating the statements made in such application or renewal application. The license fee for each 30-day renewal period shall be one-half of the respective license fees described in this section.

(Ord. No. 10586, § 12, 5-11-1964)

Sec. 17-199. Issuance of license.

If, upon investigation, the facts as represented by the application for the license required under this article are found to conform to the representations thereof, if the reason given for the sale is satisfactory, if there appears to have been no stockpiling of merchandise for the sale and there has been no fraud or deception in the application, and the advertisements proposed to be used tru1y represent such facts and are not fraudulent or misleading to the public, the city clerk may issue a license permitting the publication and conduct of such sale.

(Ord. No. 10586, § 5, 5-11-1964; Ord. No. 14609, § 12, 12-30-1998)

Sec. 17-200. License period; renewal.

22

A license issued under this article shall be for a period not exceeding 60 days. Upon satisfactory proof by the licensee that the stock on hand at the time of the original application has not been disposed of and upon proper application, the city clerk shall cause the application to be examined and investigated. If satisfied as to the truth of the statements therein contained, the city clerk may issue a renewal license for two consecutive periods of 30 days duration each upon payment of the prescribed renewal fees therefore. Upon the termination of such sale, no such license shall be issued to the applicant for the period of one year from such termination sale.

(Ord. No. 10586, § 8, 5-11-1964; Ord. No. 14609, § 13, 12-30-1998)

Sec. 17-201. Fraudulent or misleading advertising.

Under this article, it shall be unlawful for a licensee to advertise or cause to be advertised goods, wares, or merchandise for a sale, as defmed in this article, which do not conform to the representations of the advertisement. It shall be unlawful for a licensee to publish or cause to be published advertising falsely representing the reason for such a sale.

(Ord. No. 10586, § 6, 5-11-1964)

Sec. 17-202. Adding to stock of goods during sale or license period.

It shall be unlawful for any person publishing or conducting a sale under this article to purchase or add to the stock of goods offered for sale any goods during a sale or during the effective period of a license issued under this article or to sell any goods at such sale except those on hand at the time of applying for the license.

(Ord. No. 10586, § 7, 5-11-1964)

Sec. 17-203. Application for renewal license.

a.) Any licensee, as defmed in section 17-193, who desires a renewal license shall make application for such renewal license in writing to the city clerk in a form to be

MARSHALLTOWN CITY CODE 2013 RECODIFICATION

approved by the city council, which shall be verified by the licensee. Such application shall contain the following information as set forth in section 17-196 including

b.) A statement as to whether or not any merchandise has been purchased by or delivered to the applicant for the purpose of being included in the sale, and an approximant percentage of unsold merchandise.

c.) A statement as to the proportion of the original inventory on hand at the time of commencing the sale that still remains on hand and unsold.

(Ord. No. 10586, § 9, 5-11-1964)

23

Sec. 17-204. Revocation of license.

If, at any time during a sale under provisions of this article, the city clerk shall determine that any of the sections ofthis article or any of the statements in such license application were untrue or have been or are being violated by the applicant, the city clerk may immediately revoke the license, and it shall thenceforth be unlawful for the applicant or licensee to continue such sale until a new license is issued in accordance with the terms of this article.

(Ord. No. 10586, § 10, 5-11-1964; Ord. No. 14609, § 14, 12-30-1998)

Sec. 17-205. Display of license; inspection; advertising; books and records.

Upon recommencement of any sale, as defined in this article, the license issued by the city clerk shall be permanently displayed near the entrance to the premises. A duplicate original of the application and stock list pursuant to which such license was issued shall at all times be available to the city clerk or to the inspector, and the licensee shall permit such inspector to examine all merchandise in the premises for comparison with such stock list at any and all times during the period of such sale. All advertisements or advertising and the language contained therein shall be in accordance with the purpose of the sale as stated in the application pursuant to which a license was issued, and the wording of such advertisement shall not vary from the wording as indicated in the application. Such advertising shall contain a statement in these words: "Sale held pursuant to Permit No. of the City of Marshalltown, Iowa, granted the ----:-- day of , " and in such blank spaces shall be indicated the permit number and the requisite dates. Books and records of the sale shall be kept by the licensee and shall at all times be available to the inspector.

(Ord. No. 10586, § 13, 5-11-1964; Ord. No. 14609, § 15, 12-30-1998)

Sec. 17-206. Exemptions from article.

The provisions of this article shall not apply to or affect the following persons or sales: a.) Persons acting pursuant to an order or process of a court of competent jurisdiction. b.) Persons acting in accordance with their powers and duties as public officers, such

as sheriffs, bailiffs, or marshals. c.) Duly licensed auctioneers, selling at auctions. d.) Executors, guardians, assignees of insolvent debtors, bankrupts and/or other

persons required by law to sell such property. (Ord. No. 10586, § 14, 5-11-1964)

Sec. 17-207. Penalties for violations.

Any applicant or licensee described in this article who shall violate, neglect or refuse to comply with any of the sections of this article or who shall make a false statement in

24

MARSHALLTOWN CITY CODE 2013 RECODIFICATION

any application for a license as required in this article shall, upon conviction thereof, be punished as provided in section 17-204, and any license issued under this article shall be revoked.

(Ord. No. 10586, § 15, 5-11-1964)

Sees. 17-208-17-218. Reserved.

25

,OISCUSSION ITEM ~0. '-t Ctt.y of Burlington, fowa City Treasurer"& Report

Summary of Fund Balances and Fund Activity For the Month Ended July 31, 2014

Preliminary Preliminary Beginning Ending Preliminary Gash and

Fund Balance Year to Date Year to Date Fund Balance Outstanding Fund Balance lnves1men1s Fund 7/1/2014 Revenues Expenditures 7/3112014 Encumbrance 7131/2014 Balance

General Fund 1001 $ 795,989.23 $ 218,182.32 $ 1,526,653.94 $ (512,4ll2.39) $ 222,019.68 $ (734,502.07} $ (533,939.05)

Special Revenue Funds: Road Use Tax Fund 2001 1,122390.12 112.571.79 1,009,818.33 179,757.06 830,061.27 1,004,226.15 Local Option SaJes Tax Fund 2002 467,564.83 50,000.00 417,564.83 417,564.83 417,564.83 CommUni1y Development Fund 2003

Owner Occupied- 2301 (18,662.90) (18,662.90) 72,1JB!>OO (90,751.90) 15,297.28 Dawnlown Fa!;ade 2302 63,621.14 63,621.14 8,774.18 54,846.96 54,846.96

-Tax: Convention & Tourism 2401 764.88 764.86 764.86 -- 2402 19,328.82 19,328.62 19,328:62 Riverfront De\: ek:psi..., rt 2403 54,838.85 54,838.85 54,838.85 Parks ..... <Neiidlts 2404 16,.CSS.72 16,488.72 CIJturaiA !? ... 2405 15,235.4ll 15,235.46 Special Projei:ls 2408 (110,469.54) Coo1munily Field 2407

T otallloteli'Molel Tax

Bridge Fund: Great River Bridge Run 2805 10,637.23 5.80 10,831.43 10,631.43 10,631.43 Em~ Benefits Fund 2007 31,344.35 31,344.35 31,344.35 31,344.35 SSMIDFund 2008 2,264.47 2,264.47 2,284.47 2,264.47 Emefgency Levy Fund 2009 3,363.80 3,363.80 3,363.80 3,363.80 Equipment Replacement

Equipment Replacement Fund 2111 4,333.17 160.05 4,493.22 4,493.22 4,493.22 CTAC Internet Fund 2119 3,283.76 2,163.90 1,119.88 1,119.86 1,119.86

Special Assessmen1s Fund 2012 15,025.00 15,025.00 15,025.00 15,025.00

Tax Increment Financing Funds: FTint Ridge llF 2013 243,202.23 243,202.23 243,202.23 243,202.23 ~ llF District 2015 38,826.43 38,826.43 38,826.43 38,826.43

Targeted Jobs Fund 2019 Debt Service Fund 3001 321,891.94 321,891.94 321,891.94 321,891.94

Trust and Agency Funds: Ambulance Advanc:ement Fund 4010 36,123.11 36,123.11 36,123.11 36,123.11 Haz Mat Research Trust 4011 128.00 128.00 128.00 128.00 Police Openmng Trust 4151 1,319.05 1,319.05 1,319.05 1,319.05

Portee Evidence Trust 4153 23,731.81 23,731.81 23,731.81 23,731.81 Citywide ln1amel Trust 4016 8,025.00 8,025.00 8,025.00 8,025.00 Police Reserve Unit Trust 4017 1,642.50 1,642.50 1,642.50 1,642.50 Narcotics Task Force:

SEINT Openmng 4191 26,792.80 78.80 26,714.00 736.21 25,977.7~ Z7,856.63 SEINT Restitu1ion 4192 4,057.12 1,000.00 3,057.12 3,057.12 3,057.12 SEINT Evidence Trust 4193 58,645.37 58,645.37 58,645.37 58,645.37

Wek:ome Center Trust 4021 3,702.68 3,702..68 3,702.68 3,702.68 Family Tree Memorial Trust 4022 4,904.03 374.80 4,529.23 4,529.23 4,904.03 Starker Memorial Trust 4025 5,000.00 5,000.00 ~Trust 4026 9,735.87 9,735.87 9,735.87 9,735.87 RSVP Trust 4028 10,133.75 19.65 10,114.10 10,114.10 10,062.51 Lib!ary Trust 4029 195,580.09 195,580.09 195,580.09 195,580.09 Depot Engine Trust 4030 45.00 45.00 45.00 45.00 Vetetan's Memol1aJ care Trust 4031 2,037.69 2,037.69 2,037.69 2,037.69 statue Of Liberty Trust 4032 1,760.31 1,760.31 1,760.31 1,760.31 Dog Pari< Trust 4033 6,982.81 200.00 7,182.81 7,182.81 7,182.81 Fire Prevention 4034 2,422.69 2,422.69 2,422.69 2,422.69 Swimming Pool Trust 4035 36,793.24 36,793.24 36,793.24 36,793.24 Burlington Nationalut:tJe League 4036 12,370.45 12,370.45 12,370.45 12,370.45 Riverfront Vlslols Docks 4037 (42,000.00) (42,000.00) (42,000.00) (42,000.00) Parl<s Memorial 4042 4,088.97 4,088.97 4,088.97 4,088.97 Foresby Tree Program 4044 13,355.16 20.00 13,375.16 13,375.16 13,375.16 North Hill Park Fountain 4045 1,215.00 1,215.00 1,215.00 1,215.00

Enterprise Funds: Pari<ing Fund 5001 (155,411.26) 12,115.28 1,656.88 (144,952.88) 1,075.02 (146,027.88) (146,140.1 0) Flint Hills Golf Course 5002 (498,158.56) 66,061.27 33,800,09 (465,897.38) 80,470.23 (546,367.61) (4ll5,423.44)

Solid w- Management 5003 67,679.83 238,274.11 37,079.03 268,874.91 326,070.00 (57,195.09) 253,434.31 Wastewater Plant/Sewer Maint. 5004 2,536,728.98 789,480.85 185,137.37 3,141,072.46 191,473.81 2,949,598,65 3,312,052.43 Cascade Sewer Seperation 5451 2,415,729.09 2,415,729.09 2,41S,n9.oe 2,415,729.09

I

Sewer Revenue Debt Reserve

Preliminary Beginning

Fund Balance

City of Bur1ington, Iowa Ctty Treasurer's Report

Summary of Fum!" Balances and Fund Activity For the Month Ended July 31, 2014

Year to Date Year to Date

Preliminary Ending

Fund Balance Outstanding Preliminary

Fund Balance Cash and

Investments

Recplex 5006 1,353,255.00 (595,134.80) 52,695.07 39,666.67

1,353,255.00 (582,106.40) 136,147.82

Internal Service Funds: Property Mali del 1811Ce

Vehicle Mainlenance sarety Cot<dinalbl Fund -.ranee Fund Miscellaneoos Clearing Fund

FundTolals

6001 6002 6003 6008 6009

(161,763.49) (20,861.85) 11,286.38 .

200,189.68 150,335,91

25,825.10

15,000.00

40,853.91 73,563.86

8,480.61 13,278.03 18,256.86

(202,617.40) (94,425.71) 28,650.87

186,891.65 147,079.03

1,651.25 4,333.45

35,245.85

(204,286.85) (98,759.16) 28,650.87

186,891.65 111,833.18

(205,286.97) (148,654.66)

28,767.10 311,514.35 160,584.56

7001 1,208,179.45 1,208,179.45 1,208,179.45 1,208,180.45 7002 298,481.31 1,565.81 300,033.12 300,033.12 310,722.92 7003 212,286.26 212,286.26 31,824.44 180,481.82 384,870.55 7004 ____ ~cym~~·8~17~.7~8~)------~~----~55~.~~J~6~--£~~~486~-~~>~------~----£(~~~486~-~~)L-~(~~~~148~.1~~

$ 11,493,203.59 $ 1,420,794.86 $ 2,205,308.20 $ 10,708,690.25 $ 1,291.~.00 $ 9,417,022.25 $ 11,005,255.35

Pen1amation1o1al 1,420,794.86 2,205,308.20

Variance

1,291,668.00

Bank Account Balances: Fanners & Merohants Banlc

Super 8avings Sewer & Trash Pay Pal Regular Payroll

Burfington Muncipal Credit Union:

Two Rivers Bank:

RSVP Joint sarety

Regular Police Evidence SEJNT Evidence

Ubrary Trust Bank Balances Petty Cash Deposits in Transit Outstanding Checks

9,417,022.25 11,005,255.34 Accounts 010 + 020

Fund 9999 /8001 variance 0.01

839,221.25 130,861.23

2,315.08 231,814.09 635,652.64

23,983.94 13,670.54

s,948,1oo.n 32,463.80 70,218.66

195,580.09

Adjustments on book balance ~ see detail bank rec

4,495.00 2,037.00

(39,943.34) (1,085,105.41) 11,005,255.34

City of Burlington, Iowa Summary of Project Balances and Project Activity

Fiscal Year 2015 through July 31, 2014

Preliminary Beginning Ending Preliminary

Fund Balance Fund Balance Ou1standing Fund Balance Fund 7/1113 Revenues ExpenditUres 7/31/2014 Encumbrances 7/31/2014

Street Projects: Residential Street lmpr Program 7122 $ 152,682.19 $ $ $ 152,682.19 $ $ 152,682.19 Annual Overlay 7124 886,000.00 886,000.00 886,000.00 Cascade Bridge 7130 1,497.26 1,497.26 1,497.26 Bluff Road Rise 7132 Division Street 7133 168,000.00 168,000.00 168,000.00

Total Sbee1s $ 1,208,179.45 $ $ $ 1~.179.45 $ $ 1,208,179.45

Park and land Improvements: Rec Plex Complex 7203 $ 400,000.00 $ $ $ 400,000.00 $ $ 400,000.00 Trail Syslem 7206

Total Parl<s and land

Buildings and Nelghbothood lmprovemenls: Animal Sheller 7303 $ 21,646.50 $ $ $ 21,646.50 $ $ 21,646.50 Depot Renovations 7311 8,511.70 8,511.70 8,511.70 Housing Demolition 7316 101,018.48 101,018.48 5,000.00 96,018.48 Nelghbothood Stabif!Zation Program 7332 51,682.69 51,662.69 750.00 50,912.69 Parking ramp 7331 31,400.00 31,400.00 31,400.00 Sidewalk Improvement Program 7333 20,406.91 20,406.91 20,406.91 Neighborhood Stabijization Program 11 7335 (22,362.02) (22,362.02) 26,074.44 (48,436.46)

Total Buildings and Improvements $ 212,286.26 $ $ $ 212,286.26 $ 31,824.44 $ 180,461.82

Equipment and Miscellaneous Purchases: Ambulance Replacement 7401 $ 70,272.75 $ $ $ 70,272.75 $ $ 70,272.75 PubfiC Safety Equipment 7403 123,429.36 55,668.76 67,760.62 67,760.62 Pallcs & Recreation 7407 (694,476.91) (694,476.91) (694,476.91) capital Project Reserve 7409 123,957.00 123,957.00 123,957.00

Total Equipment Purchases $ (376,817.78) $ $ 55,668.76 $ (432,486.54) $ $ (432,486.54)

Total Capital Projects $ 1,342,115.24 $ 1,565.81 $ 55,668.76 $ 1,288,012.29 $ 31,824.44 $ 1,256,187.85

Pentamation total 1,665.81 56,668.76 31,824.44

Variance

City of Burlington Revenue Summary (including transfers in)

Ftseal Year 2015 For the Month Ended July 31.2014 Preliminary

Current Variance Percent Budget Month Year -to-Date Under (Over) of Ideal

Revenues Revenues ReV§.'!!§ ~ Budget Percent General Fund:

GenefaJ Government Executive Administration 1901 $ $ $ $ 0.00% 8.33% Personnel! Se!vices 1911 0.00% 8.33% City Clerlc 1941 55,550 494 494 55,056 0.89% 8.33% Fmance Depar1menl 195. 12,016,183 2,513 2,513 12,013,670 0.02% 8.33% lnswance 1971 267,765 267,765 0.00% 8.33% City Hall Mai-..nce 1981 0.00% 8.33%

COmmunity & Eooltailic Dell · •••est COmmunity Developmetrt 1401 0.00% 8.33%

Public Safely: Fue Opeialions 11- 1,252,730 12,524 12,524 1,240,206 1.00% 8.33% Police Operations 1r 1,452195 2,770 2,770 1,449,425 0.19% 8.33% Building~ 1301 343,500 12,130 12,130 331,370 3.53% 8.33%

Culture & Reaeation: lib<aly Operations 1511 370,080 3,972 3,972 366,108 1.07% 8.33% Educalion and CUltural 15- 896,835 7,453 7,453 889,382 0.83% 8.33% leisure lime Opportunities 1s- 177,077 23,793 23,793 153,284 13.44% 8.33%

Pubroc WOil<s: Public Works Administration 1801 84,700 125,000 125,000 (40,300) 147.58% 8.33% Engineering 1802 516,045 516,045 0.00% 8.33% Public WOil<s Facility 1803 60,000 60,000 0.00% 8.33% Transit Ope<aiions 1821 951,396 27,532 27,532 923,864 2.89% 8.33%

1825 5,000 Airport 1829 135 600 135,600 0.00% 8.33%

General Fund Tolal $ 18,584,676 $ 218,182 $ 218,182 $ 18,361,494 1.17% 8.33%

Road Use Tax Fund 2001 2,502,242 2,502,242 0.00% 8.33%

Local Option Sales Tax Fund 2002 3,928,314 3,928,314 0.00% 8.33%

Hotel/Motel Tax Fund 2004 742,000 742,000 0.00% 8.33%

Targeted Jobs Fund 2019 0.00% 8.33%

Tax Increment Financing Fund 2013:2016 2,300,060 2,300,060 0.00% 8.33%

Debt Service Fund 3001 6,110,307 6,110,3o7 0.00% 8.33%

Parking Fund 5001 141,320 12,115 12,115 129,205 8.57% 8.33%

Aint Hills Gotf Course Fund 5002 629,650 66,061 66,061 563,589 10.49% 8.33%

Solid waste Management Fund 5003 1,722,800 238,274 238,274 1,484,526 13.83% 8.33%

Sewer Fund 5004 7,443,341 789,481 789,481 6,653,860 10.61% 8.33%

RecplexFund 5006 777 499 52,695 52,695 724,804 6.78% 8.33%

Tolals $ 44,882,209 $ 1,376,809 $ 1,376,809 $ 43,505,400 3.07% 8.33%

Ctty of Burlington Expenditure Summary (excluding transfers out)

Ftseal Year2015 For the Month Ended July 31, 2014

current Variance Percent Budget Period Year -to-Date Over (Under) of Ideal

ExPenditures Fxoenditures ExPenditures ~ ~ Pen:ent Gene<al Fund:

General Government Executive Administration 1901 $191,157 $17,672 $17,672 $173,485 9.24% 8.33% City Council 1903 56,767 9,993 9,993 $46,774 17.60% 8.33% Personnel 1911 48,849 2,121 2,121 $46,728 4.34% 8.33% City Clerk 1941 153,567 11,368 11,368 $142,199 7.40'k 8.33% Finance Department 195 .. 1,742,209 49,750 49,750 $1,692,459 2.86% 8.33% Legal Services 1931 135,000 3,409 3,409 $131,591 2.53% 8.33% City Hall 1981 70,250 495 495 $69,755 0.70% 8.33% Insurance 1971 123,112 157 157 $122,955 0.13% 8.33% Geneml Government ContirJger1cy 1991 42,865 0 $42,865 0.00% 8.33%

Communily & Economic De>oelopment Communily Devel ifAiteit't 1401 243,975 15,395 15,395 $228,580 6.31% 8.33%

Public Safety. Rre Operations 11- 4,615,253 381,458 381,458 $4,233,795 8.27% 8.33% Police Operations 1z- 5,579,536 640,671 640,671 $4,938,865 11.48% 8.33% Building Code 1301 525,921 33,406 33,406 $492.515 6.35% 8.33%

Heal1h & Social Services: Men1al and Physical Health 17' 2,125 $2,125 0.00% 8.33%

Culture & Recreation: Ubrary Operations 1511 1,242,006 83,736 83,736 $1,158,270 6.74% 8.33% Education and Cuttural 15- 546,502 86,850 86,850 $459,652 15.89% 8.33% Leisure lime Opportunities 16- 1,125,761 72,132 72,132 $1,053,629 6.41% 8.33%

Public Works: Public Works Administration 1801 177,239 22,737 22,737 $154,502 12.83% 8.33% Engineering 1802 489,347 48,053 48,053 $441,294 9.82% 8.33% Public WO!l<s Facility 1803 121,700 964 964 $120,736 0.79% 8.33% Transit Operations 1821 1,004,948 46,243 46,243 $958,705 4.60% 8.33% Depot 18.25 31,550 45 45 $31,505 0.14% 8.33% Airport Levy 1829 138 773 $138 773 0.00% 8.33%

General Fund Total 18,408,412 1,526,654 1,526,654 $16,881,758 8.29% 8.33%

Road Use Tax Fund: 2101 130,000 $130,000 0.00% 8.33%

Roadway Maintenance 2103 1,700,510 112,466 112,466 $1,588,044 6.61% 8.33% Snow Removal 2104 296,886 $296,886 0.00% 8.33% Traffic Signals & Public Ughting 2107 538,250 106 106 $536,144 0.02% 8.33%

Road Use Tax Fund Total 2001 2,665,646 112,572 112,572 2,553,074 4.22% 8.33%

Local Option Sales Tax Fund 2002 3,792,982 50,000 50,000 $3,742,982 1.32% 8.33%

Hotel/Motel Tax Fund 2004 768,025 17 17 $768,008 0.00% 8.33%

Debt Service Fund 3001 5,929,068 $5,929,068 0.00% 8.33%

Parking Fund 5001 77,258 1,657 1,657 $75,601 2.14% 8.33%

Aint Hills Golf Course Fund 5002 525,171 33,800 33,800 $491,371 6.44% 8.33%

Solid Waste Management Fund 5003 1,749,047 37,079 37,079 $1,711,968 2.12% 8.33%

Sewer Fund Waste Water Administration 5401 1,388,518 15,733 15,733 $1,372,785 1.13% 8.33% Was1e Water Operations 5402 2,264,853 120,381 120,381 $2,144,472 5.32% 8.33% Sanitary Sewer Maintenance 5411 829,313 49,023 49,023 $780,290 5.91% 8.33% Sewer Revenue Bonds 5431-5437 1,449,240 $1,449,240 0.00% 8.33% Wastewater Plant Improvements 5450 517,400 $517,400 0.00% 8.33% Cascade Sewer Seperation 5451 952,000 $952,000 0.00% 8.33% MASl 5452 880,000 $880,000 0.00% 8.33% Sewer Mainline Repairs 5453 252,000 $25~000 0.00% 8.33%

5004 8,533,324 185,137 185,137 $8,348,187 2.17% 8.33%

Recplex Fund 5006 635,410 39667 39667 $595 743 6.24% 8.33%

Totals 34,551,019 1,801,446 1,801,446 $$2749,573 5.21% 8.33%

City of Burlington, Iowa City Treasurer's Report

Summary of Fund Balances and Fund ActMty For1be Month Ended June 30, 2014- Preliminary as of Aug 19, 2014

Preliminary Beginning Ending Preliminary Cash and

Fund Balance Year to Date Year to Date Fund Balance Outstanding Fund Balance Investments Fund 7/1/2013 Revenues Expenditures 613012014 Encumbfance 613012014 Balance

General Fund 1001 $ 955,244.67 $ 17,647,193.38 $ 17,806,448.82 $ 795,989.23 $ $ 795,989.23 $ 1,071,457JI7

Special Revenue Funds: Road Use Tax Fund 2001 1,231,229.34 2,639,671.17 2,748,510.39 1,122,390.12 1,122,390.12 1,015,885.98 Local Option Sales Tax Fund 2002 1,354,355.53 3,462,976.07 4,349,766.TT 467,564.83 467,564.83 187,221.89 Community Dewlopmei4 Fund 2003

Owner Occupied Rehabililalion 2301 (11,102.32) 111,190.00 118,750.58 (18,662.90) (18,662.90) (18,662.90) ~Fa!;ade 2302 36,048.66 119,197.00 91,624.52 63,621.14 63,821.14 96,945.13

-Tax: Convention & Tourism 2401 764.86 282,443.60 282,443.60 764.86 764.86

Memorial- 2402 84,646.75 5,648.87 70,967.00 19,328.62 Riverfn:Jnt De~etcpe•e •t 2403 4,000.00 54,839.85

- impltM!mel'lts 2404 (0.01)

CUIIumiA I I

iCe 2405 18,711.59 Special Projects 2406 21,786.10 CommunHy Field 2407

Total HoleVMolel Tax

Bridge Fund: Great River Bridge Run 2605 11,895.44 12,511.00 13,769.21 10,637.23 10,637.23 11,137.23

Employee Benefils Fund 2007 1,676,052.72 1,644,708.37 31,344.35 31,344.35 (0.02) SSMIDFund 2008 2,238.87 63,266.06 63,220.26 2,284.47 2,284.47 62,872.84 Emefgency levy Fund 2009 177,669.53 174,305.73 3,363.80 3,363.80 Equipment Repla<:ement

Equipment Replacement Fund 2111 4,333.17 4,333.17 4,333.17 4,333.17 CTAC ln1emel Fund 2119 2,125.21 28,327.40 27,168.85 3,263.76 3,283.76 3,349.23

Special Assessmen1s Fund 2012 5,400.00 9,625.00 15,025.00 15,025.00 14,967.00

Tax tncrement Fmancing Funds: Fflnt Ridge TlF 2013 67,606.37 1,906,763.75 1,731,167.89 243,202.23 243,202.23 195,922.04 Downtown TJF Dislrict 2015 12,938.04 278,501.89 252,.613.50 38,826.43 38,826.43 32,957.12

Targe1ed Jobs Fund 2019 498,341.34 498,341.34 Debt Service Fund 3001 179,227.11 6,157,916.06 6,015,251.23 321,891.94 321,891.94 163,897.99

Trust and Agency Funds: Ambt.riance Advancement Fund 4010 32,795.79 3,565.00 237.68 36,123.11 36,123.11 36,123.11 Haz Mat Research Trust 4011 78.00 50.00 128.00 128.00 126.00 Poi'JCO Operating Trust 4151 146.25 1,172.80 1,319.05 1,319.05 1,319.05

Police Evidence Trust 4153 25,494.95 1,763.14 23,731.81 23,731.81 23,731.81 Citywide ln1emel Trust 4016 5,883.00 2,142.00 8,025.00 8,025.00 8,025.00 Police Reserve Unit Trust 4017 1,642.50 1,642.50 1,642.50 1,642.50 Narcotics Task Force:

SEINT Operating 4191 30,729.96 3,127.98 7,065.14 26)92.80 26,792.80 27,645.21 SEINT Restitution 4192 2,221.08 5,836.04 4,000.00 4,057.12 4,057.12 lJ,057.12 SEINT Evidence Trust 4193 20,049.24 46,236.68 7,640.55 58,645.37 58,645.37 58,645.37

Welcome Center Trust 4021 3,702.68 3,702..68 3,702..68 3,702.68 Family Tree Memorial Trust 4022 12,912.02 20,621.62 28,629.61 4,904.03 4,904.03 6,395.97 S1arker Memorial Trust 4025 21,325.96 20,014.04 36,340.00 5,000.00 5,000.00 5,000.00 Gugeler Trust 4028 9,735.87 9,735.87 9,735.87 9,735,87 RSVP Trust 4028 16,164.64 238.35 6,269.24 10,133.75 10,133.75 10,079.29 libr.uy Trust 4029 175,115.75 135,225.21 114,760.87 195,580.09 195,580.09 195,580.09 Depot Engine Trust 4030 45.00 45.00 45.00 45.00 Veteran's Memorial Care Trust 4031 2,037.69 2,037.69 2,037.69 2,037.89 Statue Of Uberty Trust 4032 1,760.31 1,760.31 1,760.31 1,760.31 Dog Parl< Trust 4033 7,129.38 1,200.00 1,346.57 6,982..81 6,982.81 6,982..81 Fire Prevention 4034 1,535.00 2,397.00 1,509.31 2,422.69 2,422.69 2,422.89 Swimming Pool Trust 4035 30,050.00 6,743.24 36,793.24 36,793.24 36,793.24 Burlington National little league 4038 12,370.45 12,370.45 12,370.45 12,370.45 Rive!frontV-.Oocks 4037 26,452.23 8,425.54 7&,877.n (42,000.00) (42,000.00) (14,900.00) Parl<s Memorial 4042 208.00 6,629.22 2,748.25 4,088.97 4,088.97 4,088.97 Forestry Tree Program 4044 25,835.65 12,480.49 13,355.16 13,355.16 13,355.16

Enterprise Funds: Parldng Fund 5001 (253,133.09) 158,178.05 60,456.22 (155,411.26) (155,411.28) (162, 178.91) Aint Hills Goff Course 5002 (609,894.13) 591,148.75 479,413.18 (498,158.56) (498,158.56) (495,642.85) Solid Waste Management 5003 (154,170.93) 1 ,685,194.67 1,463,343.91 67,679.83 67,679.83 238,706.91 Was1ewa1er Plan11Sewer Maint 5004 1,672,128.90 6,444,283.54 5,579,681.46 2,536,728.98 2,536,728.98 3,345,594.57 cascade Sewer Sepe<ation 5451 2,896,826.40 481,097.31 2,415,729.09 2,415,729.09 2,415,729.09 -Plant Improvements 5450 1,271,551.47 39,002.00 1,232,549.47 1,232,549.47 1,232,549.47

Sewer Repairs Sewer Revenue Debt Reserve Recplex 5006

·-SeMce Funds: Property Main1enance 6001 Vehicle Main1enance 6002 SafetyCooidiiNdioi• Fund 6003 Sell-lnsu!ance Fund 6006 Miscellaneous Clearing Fund 8009

Capital Project FW>ds: SlreetPmjecls 7001 Pa!t<Pmjecls 7002 Building Pmjecls 7003 Miscellaneous Capi1al Pmjeds 7004

FundTo1als

City of Burlington, Iowa City T...,.urer's Report

Summary of Fund Balances and Fund ActivJty For tbe Month Ended June 30, 2014 ~ Preliminary as of Aug 19, 2014

$

Beginning Fund Balance

1,353,255.00 (752,919.83)

(195,421.11)

29,278.00 82,877.82

(91,002.52)

17,899,87 149,178.91 (29,488.77)

(488,491.05)

91578,351.27

Pentamation total

Variance

Year to Date Year to Date

733,190.35 575,405.32

504,389.58 470,731.96 1,007,829.04 1,028,690.89

96,929.45 114,921.07 351,319.32 213,827.26 434,709.69 193,371.26

2,144,180.32 953,880.74 343,800.00 194,311.60 494,788.86 253,035.83 703,554.00 611,880.73

$ 51,888,309.35 $ 49,751,457.03

51,666,309.35 49,751,457..()3

Preliminary Ending Preliminary

Fund Balance Outstanding Fund Balance

~~~~

1,353,255.00 (595, 134.80)

(181,783.49) (20,861.85) 11,286.38

200,169.88 150,335.91

1,208,179.45 298,467.31 212,288.26

(376,817.78)

$ 11,493a2!.59 $

Bank Account Balances: Farmers & Merchants Bank:

Super Savings Sewer & Trash Pay Pal Regular Payroll

Burlington Mundpal Credit Union:

Two Rivers Bank:

RSVP Joint Safety

Regular Police Evidence SEINT Evidence

Ubrary Trust Bank Balances PellyCash Deposits in Transit Outstandiilg Checks

1,353,255.00 (595, 134.80)

(161 ,783.49) (20,861.85) 11,286.38

200,189.88 150,335.91

1 ,208,179.45 298,487.31 212,288.26

(378,817.79)

$ 11,493,203.59

11,493,203.59 Acrounts

Fund 999918001 variance

Adjustments on book ba~nce -see detail bank rec

Cash and inves1rnenls

1,353,255.00 (534,863.08)

(152,764.58) (89,479.47) 14,447.73

338,418.34 153,101.80

1 ,208,180.45 318,234.37 380,8112.29

(549,148.10)

$ 1~414,002.87

12,414,002.ll7 010 +020

na,341.49 533,190.00

98920 181,086.97

32,503.93

23,924.29 13,638.54

10,419,956.53 32,461.04 70,.218.66

175,115.75 4,495.00 3,501.24

(187,323.05)

RESOLUTION NO .. _----

Meeting No. ____ _ Paper No. ___ _

Introduced By:----------AYES: _____________________ _

Seconded By:----------NAYS: ______________________ _

A RESOLUTION APPROVING NUISANCE ABATEMENTS FOR VARIOUS PROPERTIES

Abate Parcel Property Owner

Abate Description Payment To Amount

No. No. Location & Leaal Date C~1647 16-17~228-044 715 SHOQUOQUON BLUE MOON HOLDINGS LC 7/20/2014 MOWING CASTON CONSTRUCTION $115,00

SHOQUOQUON Pl 1503 BRADY ST ADMINISTRATIVE FEE $200.00

BLOCK 4 LOTS 35-45 DAVENPORT, lA 52803 DOCUMENT FlUNG FEE $5.00 $320.00

C·1648 16-04-357 -OOB 304SOUTH ST THE GREAT PLAINS COMPANY 7/20/2014 MOWING CASTON CONSTRUCTION $40.00

BURLINGTON 126 LELAND AVE ADMINISTRATIVE FEE $200.00

OR!G!NAL CITY LOT WATERLOO, lA 50701 DOCUMENT FlUNG FEE $5.00

310 $245.00

C-1649 16-05-331-026 527 SUMMER ST ERIC & GABRIELLE SMITH 7/20/2014 MOWING CASTON CONSTRUCTION $75.00 FRICKS SUB LOT 1 1614 7TH AVE N ADMINISTRATIVE FEE $200.00

S16' W155' E165' GREAT FALLS, MT 59401 DOCUMENT FILING FEE $5.00 N24' W155' E165' L2 $280.00

CM1650 16-05-309-019 637 S GUNNISON FRANK & MICHELLE CAREY 7/20/2014 MOWING CASTON CONSTRUCTION $55.00 BURUNGTON 313 S MARSHALL ST ADMINISTRATIVE FEE $200.00

TOPPING PL LOT 27 BURLINGTON, lA 52601 DOCUMENT FlUNG FEE $5.00 $260.00

C-1651 16-08-201-001 1013 S 13TH ST HF4 7/20/2014 MOWING CASTON CONSTRUCTION $50.00 BARRETSADD PO BOX 12131 ADMINISTRATIVE FEE $200.00

BLOCK 39 LOT 13 DES MOINES, IA50312 DOCUMENT FILING FEE $5.00 $255.00

C-1652 16-05-334-004 6145 12TH ST IOWA PROPERTY REVEIVER LLC 7/20/2014 MOWING CASTON CONSTRUCTION $55.00 BARRETSADD 1715SOUTHGAVE ADMINISTRATIVE FEE $200.00

BLOCK 53 LOT 12 NEVADA, lA 50201 DOCUMENT FlUNG FEE $5.00 $260.00

CM1653 16-05-258-013 239S 7THST HF1 7/20/2014 MOWING CASTON CONSTRUCTION $75.00 BARRETSSUB PO BOX 12131 ADMINISTRATIVE FEE $200.00

BLOCK 919 LOT 7&8 DES MOINES, lA 50312 DOCUMENT FILING FEE $5.00 $280.00

C-1654 16-05-485-002 517 PINE WILLIAM & JANE WARD 7/20/2014 MOWING CASTON CONSTRUCTION $90.00 ORIGINAL C!TY LOT 115 N GUNNISON ADMINISTRATIVE FEE $200.00 no E 112 N 84'2" BURLINGTON, lA 52601 DOCUMENT FILING FEE $5.00

$295.00

C-1656 16-05-480-006 903S5TH ST JOANNE WALTER 7/20/2014 MOWING CASTON CONSTRUCTION $50.00 ORIGINAL ClTY LOT 636A 903 S 5TH ST ADMINISTRATIVE FEE $200.00

520' & N20' LOT BURLINGTON, !A 52601 DOCUMENT FILING FEE $5.00 6368 $255.00

C-1657 16-05-402-024 531 S 9THST RICKEY WARREN 7/20/2014 MOWING CASTON CONSTRUCTION $50.00 BARRET$ SUB BLOCK 531 S 9TH ST ADMINISTRATIVE FEE $200.00 953 LOT6 & 5112 LOT7 BURLINGTON, !A 52601 DOCUMENT FlUNG FEE $5.00

$255.00

C-1658 16-05-454~006 701 S 8TH ST HF5 7/20/2014 MOWING CASTON CONSTRUCTION $55.00 BARRETSSUB PO BOX 12131 ADMINISTRATIVE FEE $200.00

BLOCK 956 LOT 18 DES MOINES, !A 50312 DOCUMENT FILING FEE $5.00 $260.00

C-1659 16-05278-016 207S 5TH ST EDWARD HILL 712012014 MOWING CASTON CONSTRUCTION $45.00 BURLINGTON 1415 CLEVELAND ADMINISTRATIVE FEE $200.00

ORIGINAL BURLINGTON, lA 52601 DOCUMENT FILING FEE $5.00 $250.00

C-1660 16-05-301-016 1519SPRAY JULLEE NEWQUIST 7/20/2014 MOWING CASTON CONSTRUCTION $45.00 PARSONS' SUB OF L T 1310 31ST ST ADMINISTRATIVE FEE $200.00

1 PT SEC5&6 LOT1 FT MADISON, lA 52627 DOCUMENT FILING FEE $5.00 W24' E132' N50' $250.00

C-1661 16-05-401-019 523 S 10TH ST THOMAS JAMESON 7/20/2014 MOWING CASTON CONSTRUCTION $55.00 BARRETS SUB BLOCK 302 LEFFLER ST ADMINISTRATIVE FEE $200.00

968 LOT11 & S 14' WEST BURLINGTON, lA 52655 DOCUMENT FILING FEE $5.00 LOT12 $260.00

C-1662 16-05-258-002 238S BTHST JUANITA BROWN 7/22/2014 MOWING CASTON CONSTRUCTION $50.00 BARRETSSUB 3421 AVENUE NAPT 107 ADMINISTRATIVE FEE $200.00

BLOCK FT MADISON, lA 52627 DOCUMENT FILING FEE $5.00 $255.00

C-1663 11-29-378-008 1612 LINCOLN ST DEBORAH MCCULLOCH 7/31/2014 MOWING CASTON CONSTRUCTION $55.00 PELUZARRO SUB 507 HAGEMANN AVE ADMINISTRATIVE FEE $100.00

LOT5&S1/2LOT6 BURLNGTON, lA 52601 DOCUMENT FILING FEE $5.00 $160.00

C-1664 11-33-153-007 1111 N 5TH ST RICHARD & MAR!L YN NEWMAN 7/31/2014 MOWING CASTON CONSTRUCTION $80.00 BURLINGTON 807 RAMSEY ADMINISTRATIVE FEE $100.00

ORIGINAL CITY LOT WEST BURLINGTON, lA 52655 DOCUMENT FILING FEE $5.00 702 N 49' $185.00

C-1665 11-32-284-002 609 NORTH ST ASHTON SCHARDT 7/31/2014 MOWING CASTON CONSTRUCTION $60.00 BURLINGTON 609 1/2 NORTH ST ADMINISTRATIVE FEE $200.00

ORIGINAL CITY BURLINGTON, lA 52601 DOCUMENT FILING FEE $5.00 LOT840E45 $265.00

C·1666 16--05-252-017 227 S 9TH ST WANDA VIERRA 7/22/2014 MOWING CASTON CONSTRUCTION $55.00 SARRETS SUB 1309 MARKET ST ADMINISTRATIVE FEE $200.00

BLOCK 948 LOT 2 BURLINGTON, lA 52601 DOCUMENT FlUNG FEE $5.00 $260.00

C-1667 11-32-276-005 811 SYCAMORE DEWITT FAMILY TRUST 7122/2014 MOWING CASTON CONSTRUCTION $60.00 BURLINGTON 7513 MONTE BRAZIL DR ADMINISTRATIVE FEE $200.00

NORTHERN ADD LOT SACRAMENTO, CA 95831 DOCUMENT FILING FEE $5.00 63 W4D' $265.00

C-1668 11-32-276-007 1333N8THST RALPH & DARLA MEYER 7/22/2014 MOWING CASTON CONSTRUCTION $70.00 NORTHERN ADD LOT 2217 S CENTRAL ADMINISTRATIVE FEE $200.00

63 FR PT NE COR66.8' BURLINGTON, lA 52601 DOCUMENT FILING FEE $5.00 X63' ON E X 58'9.5" W $275.00

C-1669 16-05-333-001 1241 ANGULAR ROBERT MORAN!EC 7/22/2014 MOWING CASTON CONSTRUCTION $70.00 CARSTEEN& 1241 ANGULAR ADMINISTRATIVE FEE $200.00

ISAACS LOT 14 BURLINGTON, lA 52601 DOCUMENT FlUNG FEE $5.00 $275.00

C·1670 16-05-156-008 1720 AMELIA DEUTSCHE BANK NATIONAL TRUST 7/22/2014 MOWING CASTON CONSTRUCTION $55.00 SMITHS ADD LOT302 7105 CORPORATE DR MAIL STOP C ADMINISTRATIVE FEE $200.00

W1/2 & LOT300 PI.ANO, TX 75024 DOCUMENT FILING FEE $5.00 W1/2S8" $260.00

C·1671 11-33-306-022 905 N 3RD KEITH & DOROTHY GARDNER 7/30/2014 MOWING CASTON CONSTRUCTION $55.00 ORIGINAL CITY LOT 905 N 3RD ST ADMINISTRATIVE FEE $100.00

398 EXCN 10' BURLINGTON, !A 52601 DOCUMENT FILING FEE $5.00 $160.00

M-1636 11-32-332-021 1200 PATTERSON HENRY & KATIE HElTKAMPER 7/24/2014 MOWING STEW'S LAWN SERVICE $40.00 HENRY'S SUB OF LOT 524 S 10TH ST ADMINISTRATIVE FEE $200.00

12 LOT3 E1/3 BURLINGTON, lA 52601 DOCUMENT FlUNG FEE $5.00 $245.00

M-1637 11-32-332-020 1202 PATTERSON HF1 7/24/2014 MOWING STEW'S LAWN SERVICE $40.00 HENRY'S SUB OF LOT PO BOX 12131 ADMINISTRATIVE FEE $200.00

12 LOT3 $60' W213 DES MOINES, lA 50312 DOCUMENT FILING FEE $5.00 $245.00

M-1638 11-32-332-024 1101 PlANK HENRY & KATIE HEITKAMPER HENRY'S SUB OF LOT 524S 10THST 1 EXC NWCOR &SE BURLINGTON, lA 52601

COR LOT2 M-1639 11-32-332-023 1103 PLANK HENRY & KATIE HEITKAMPER

HENRY'S SUB OF LOT 524 S 10TH ST 12 LOT1 NWCOR & E BURLINGTON, lA 52601 PT19'2" ON N X23'7"

M-1640 11-32-32-022 1105PLANK HENRY & KATIE HE1TKAMPER HENRY'S SUB OF LOT 524 S 10TH ST

12 LOT2 W PT 37'5" BURLINGTON, lA 52601 ON N X20'5" S

M-1641 11-32-309-001 520 REMICK DEREK REVERAND CAMERON ROBT 520 REMICK ST

ADD LOT 81 BURLINGTON, lA 52601

M-1642 16-05-210-006 109S 7THST GLENDA SUE BORN ORIGINAL CITY 109 S 7TH ST LOT 9226 S56'3" BURLINGTON, lA 52601

M-1643 16-05-210-009 117 S 7TH ST LOUIS SUTHERLAND TRUSTEE ORIGINAL CITY LOT POBOX 182

921 N35' X 70' & WAPELLO, lA 52653 LOT921B

M-1644 16-05-202-012 816VALLEY KELLY HULL LOT979 E120 5/100 1829 E JACKSON ST OF $1/2 & S MID PT LONG BEACH, CA 90805

N1/2 & LOTS 943G,H,I,K

M-1645 11-32-453-017 1000 COURT ST FRANCIS & LINDA ANDERSON STARR & HENN SUB 1000 COURT ST#2

LOTS BURLINGTON, lA 52601

M-1646 11~32-453-015 617N 10THST KATHY SHOEMAKER STARR & HENN SUB 617 N 10TH ST

LOT4 BURLINGTON, lA 52601

M-1647 11~32~251-004 1211 LINDEN WILLIAM HENSON NORTHERN ADD 1211 LINDEN ST

LOT233 BURLINGTON, lA 52601

M-1648 11-29-303-005 2121 SUNNYSIDE CHRISTOPHER G WILSON GOLF CLUB ADD LOT 2121 SUNNYSIDE

5W20'LOT6&7 BURUNTON, lA 52601 E40'

M-1649 11-29-407-017 2019CONNER BENJAMIN & LYNDSEY BROZENE GILBERTWD 1001 OAK ST ADD LOT70 BURLINGTON, lA 52601

M-1650 16-06-102-010 3001 MARKET MARK STRANDBERG FUNIT HILLS MANOR 1004 GARFIELD

LOT 176 AURORA, IL 60506

APPROVED and ADOPTED this 2nd day of September, 2014.

ATTEST:

Kathleen P. Salisbury, MMC City Clerk

7/24/2014 MOWING STEW'S LAWN SERVICE $45.00 ADMINISTRATIVE FEE $200.00

DOCUMENT FILING FEE $5.00 $250.00

7/24/2014 MOWING STEW'S LAWN SERVICE $45.00 ADMINISTRATIVE FEE $200.00

DOCUMENT FlUNG FEE $5.00 $250.00

7/24/2014 MOWING STEW'S LAWN SERVICE $45.00 ADMINISTRATIVE FEE $200.00

DOCUMENT FlUNG FEE $5.00 $250.00

7/24/2014 MOWING STEW'S LAWN SERVICE $45.00 ADMINISTRATIVE FEE $200.00

DOCUMENT FILING FEE $5.00 $250.00

7/2412014 MOWING STEW'S LAWN SERVICE $45.00 ADMINISTRATIVE FEE $200.00

DOCUMENT FILING FEE $5.00 $250.00

7/24/2014 MOWING STEW'S LAWN SERVICE $80.00 ADMINISTRATIVE FEE $200.00

DOCUMENT FILING FEE $5.00 $285.00

7/24/2014 MOWING STEW'S LAWN SERVICE $80.00 ADMINISTRATIVE FEE $200.00

DOCUMENT FILING FEE $5.00 $285.00

8/4/2014 MOWING BURLINGTON LAWNS $20.00 ADMINISTRATIVE FEE $100.00

DOCUMENT FILING FEE $5.00 $125.00

7/18/2014 MOWING BURLINGTON LAWNS $380.00 ADMINISTRATIVE FEE $100.00

DOCUMENT FlUNG FEE $5.00 $485.00

7118/2014 MOWING BURliNGTON LAWNS $100.00 ADMINISTRATIVE FEE $100.00

DOCUMENT FILING FEE $5.00 $205.00

8/5/2014 MOWING BURLINGTON LAWNS $85.00 ADMINISTRATIVE FEE $100.00

DOCUMENT FILING FEE $5.00 $190.00

8/5/2014 WEEDS BURLINGTON LAWNS $25.00 ADMINISTRATIVE FEE $100.00

DOCUMENT FILING FEE $5.00 $130.00

7/30/2014 TREE BOUGHTON'S TREE SERVICE $4,000.00

Shane A. McCampbell Mayor

ADMINISTRATIVE FEE DOCUMENT FILING FEE

$100.00 $5.00

$4,105.00

Prepared by: City of Burlington, lA 400 Washington Street, Burlington, lA 52601 Eric Tysland, Development & Parks Director (319) 753-8158

RESOLUTION NO. __ _

Meeting No. Paper No. ___ _

Introduced by:-----------Ayes: ___________ _

Seconded by: _________ _ Nays:-----------

RESOLUTION AWARDING CONTRACT FOR CDBG DOWNTOWN FACADE IMPROVEMENT PROJECT

WHEREAS, sealed bids were received by the City Clerk on Tuesday, August 19, 2014 for the CDBG Downtown Revitalization Fa9ade Master Plan Project; and

WHEREAS, one bid was received by the City, with the low responsive bid in the amount of $978,529.00; and

WHEREAS, the City responsibility for match shall not exceed $60,000.00 for this project.

NOW, THEREFORE, BE IT RESOLVED BY THE BURLINGTON CITY COUNCIL: Contract be awarded to Schickedanz Construciton, Fort Madison, lA in the amount of $978,529.00

NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE BURLINGTON CITY COUNCIL: That the City of Burlington authorizes the Mayor to sign the contract agreements for the fa9ade improvement project and the City Clerk is directed to enter same in the Contract Records of the City of Burlington.

APPROVED and ADOPTED this ____ day of ____ , 2014.

Shane A. McCampbell - Mayor

ATTEST:

Kathleen P. Salisbury, MMC- City Clerk

Meeting No.

Introduced By:

Kathleen P. Salisbury, City Clerk, City of Burlington, 400 Washington St, Burlington, IA (319) 753-8124

RESOLUTION NO. ___ _

PaperNo. Seconded By: ___________ _

AYES: ___________ ___

NAYS: ____________ _

A RESOLUTION APPROVING 28E AGREEMENT BETWEEN THE CITY OF BURLINGTON AND THE CITY OF MOUNT PLEASANT

TO PROVIDE MUTUAL AID FOR SIGNIFICANT EMERGENCIES

RESOLVED: That the 28E agreement between the City of Burlington and the City of Mount Pleasant to Provide Mutual Aid for Significant Emergencies, said 28E agreement attached hereto as Exhibit 'A', be hereby approved.

BE IT FURTHER RESOLVED: That the City Manager be authorized to sign said 28E agreement in the name of the City and the City Clerk is directed to enter said agreement in the Miscellaneous Contract Records.

APPROVED and ADOPTED this 2nd day of September, 2014.

ATTEST:

Kathleen P. Salisbury, MMC City Clerk

Shane A. McCampbell Mayor

-e· h'b"t "A" X \ \ . AGREEMENT BETWEEN THE CITY OF BURLINGTON, IOWA,

AND THE CITY OF MOUNTT PLEASANT, lOW A TO PROVIDE MUTUAL AID FOR SIGNIFICANT EMERGENCIES

This Mutual Aid Agreement ("Agreement") is made and entered into by and between the City of Burlington, Iowa ("Burlington"), and the City of Mount Pleasant, Iowa ("Mount Pleasant"), pursuant to the provisions of Chapter 28E of the Code of Iowa (2013). Burlington and Mt. Pleasant are, on occasion, hereinafter referred to individually as a "Party," or collectively as the "Parties."

WHEREAS, the Parties are nearby communities, each of which maintains and operates a fire department or fire district; and

WHEREAS, events may arise whereby extra alarm fires, earthquakes, floods, tornados, hazardous materials incidents, or other such emergencies or disasters would exhaust the available emergency and/or firefighting equipment and personnel at the disposal of either Party; and

WHEREAS, in such an event the availability of additional emergency and/or firefighting equipment and personnel provided by the other Party will assist in avoiding potentially disastrous results, including loss of life and/or property; and

WHEREAS, the provisions of Chapter 28E of the Code of Iowa (2013) authorize local governments, generally, to cooperate to their mutual advantages, and for the fire departments, specifically, to enter into mutual aid agreements with other fire departments; and

WHEREAS, the Parties are nearby communities which both maintain firefighting emergency equipment and personnel.

WHEREAS, the Parties are desirous of entering into this Agreement pursuant to the provisions of Chapter 28E of the Code oflowa (20 13) to render fire and emergency assistance upon a reciprocal basis.

NOW, THEREFORE, the Parties mutually agree to provide fire and/or emergency assistance, as may be required, on a reciprocal basis, pursuant to the following tenns and conditions, all in accordance with the provisions of Chapter 28E of the Code oflowa (2013):

I. This Agreement shall create no separate legal or administrative entity. Rather, the Agreement shall be carried out by the Parties and their respective fire departments or fire districts. Day-to-day administration and communication concerning this Agreement shall be the joint responsibility of the Parties' respective Fire Chiefs.

2. No real or personal property shall be jointly acquired, held or disposed of in the joint cooperative undertaking established by this Agreement.

3. Only each Party's Fire Chiefs, or in the Fire Chiefs absence, the Officer-in-Command, shall have authority to request assistance or aid from the other Party pursuant to the terms and conditions of this Agreement, provided that a determination has been made that the assistance of the other Party is essential to protect life and/or property at a location afforded fire protection, fire prevention, hazardous material release response, or other emergency services.

4. The requesting Party's Fire Chief or Officer-in-Command shall include in its request for assistance the amount and type of equipment and number of personnel required, and shall specify the location of the emergency.

5. Upon the request of the fire department of either Party, the other Party's fire department shall respond with such fire and/or emergency assistance as may be required by the requesting Party, provided that sufficient personnel and equipment is reasonably available, as detennined by the responding Party's Fire Chief or Officer-in-Command.

6. The responding Party shall be responsible for training emergency persom1el to the minimal requirements for such personnel provided in the Iowa Code. The responding Party shall be further responsible for making the requesting Party's Fire Chief or Officer­in-Command aware of any responding persom1el who are not so trained.

7. Neither Party shall make any claim against the other for a refusal to send requested personnel or equipment, provided that such refusal is based upon the reasonable judgment of a Party's Fire Chief or Officer-in-Command that such personnel or equipment are required to afford adequate protection within the jurisdiction of that Party's fire department.

8. When the fire departments of both Parties are engaged in a combined emergency response effort, the Fire Chief or Officer-in-Command of the requesting Party shall have command of both departments.

9. The fire department of the responding Party shall have the right, upon the determination of its Fire Chief or Officer-in-Command, to withdraw from a combined emergency response effort as necessary to answer an alarm originating from its regular station(s), provided that sufficient notice is afforded to the Fire Chief or Officer-in-Command of the requesting Party to adjust its emergency response to the resulting reduction in available resources.

10. Pers01mel of either Party acting in accordance with and pursuant to the tenns and conditions of this Agreement shall at all times be considered to be acting under the lawful

2

orders and instructions of their home department and within the scope of their employment as an employee of said department. Under no circumstances shall personnel of either Party be considered an employee or representative of the other Party.

11. The costs that a responding Party incurs as a result of complying with the tenus and conditions of this Agreement, including, but not limited to, the costs of salaries, compensation, overtime pay, fuel, and repairs to its own property or equipment, shall be borne solely and exclusively by that Party, provided, however, that the requesting Party shall provide the responding Party with such additional fuel as may be required by the responding Party to carry on the combined emergency response effort after its initial supply is depleted, in addition to such additional fuel as may be required upon the completion of the combined emergency response to return the responding Party's equipment and personnel back to its home station(s).

12. The liability of each Party shall be strictly limited to the responsibility for its own actions and for damage to its own property or equipment. Any personal injury to or death of a Party's employees shall be the sole and exclusive responsibility of that Party. Neither Party agrees to indemnify or defend the other Party with respect to any act or incident, of any nature, occurring as a result of its efforts to comply with the terms and conditions of this Agreement.

13. Each Party shall provide appropriate and reasonable insurance for its fire department's personnel who may suffer injury, disability, or death and/or are involved in loss or damage to private property, and/or death of or injury to private individuals in the performance of official duties pursuant to the terms and conditions of this Agreement and shall supply proof of such reasonable insurance to the other Party by providing a certificate thereof upon the execution of this Agreement and within thirty (30) days of any renewal or change in coverage.

14. Each Party agrees, at its sole cost and expense, to keep on hand for use by the other Party sufficient adapters for its equipment and connections. It shall be the responsibility of the Parties' Fire Chiefs to coordinate with one another to determine the sufficiency (e.g., compatibility and quantity) of such adapters.

15. Neither party may assign its interests under this Agreement.

16. The mutual aid to be provided by the Parties pursuant to this Agreement shall be limited to the geographical area established by the Parties' respective jurisdiction's limits.

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17. If any section, provision, or part of this Agreement is for any reason declared to be invalid or unconstitutional by a court or administrative tribunal of competent jurisdiction, the remainder of this Agreement shall continue in full force and effect.

18. This Agreement represents the entire agreement between the Parties. Any subsequent changes or modifications to the terms of this Agreement shall be in the fonn of a duly executed written addendum to this Agreement.

19. This Agreement shall have an initial term of five (5) years, beginning on the date this Agreement is approved by both Parties' respective representatives. Thereafter, the Agreement shall continue in full force and effect in perpetuity unless and until written

notice is provided by either Party to the other of that Party's intent to withdraw from the Agreement. Upon said written notice, the Agreement shall terminate no sooner than sixty (60) days thereafter, unless negotiated otherwise by the Parties.

20. This Agreement supersedes and replaces any and all prior mutual aid agreements between the Parties and/or their respective fire departments.

21. By their signatures below, the undersigned declare and certify that they have been duly

authorized to approve this Agreement on behalf of their respective Party.

CITY OF BURLINGTON, IOWA

By:---------­Jim Ferneau, City Manager

::T~Uvt:NT, I:~ A Steven Brimhall, Mayor~

4

Attest:

By:_~-~~--~~~-­Kathleen Salisbury, City Clerk

Attest:

By:;/~&:vu-e:. ci2~ Florence Olomon, City Clerk

RESOLUTION NO. ___ _

Meeting No. PaperNo. Seconded By: ______ _

AYES: ___________ _

Introduced By: __________ _ NAYS: ------------

A RESOLUTION AUTHORIZING THE REMOVAL OF TRAFFIC SIGNALS AND THE PLACEMENT OF STOPS SIGNS AT 3RD AND JEFFERSON STREETS,

4TH AND JEFFERSON STREETS AND 5TH AND JEFFERSON STREETS AS PROVIDED IN CHAPTER 71 OF THE BURLINGTON CITY CODE

WHEREAS, the City Manager, Police Chief and Public Works Director through the administrative process are recommending the removal of traffic signals and the placement of stop sings at the following intersections.

3'd and Jefferson Streets 4th and Jefferson Streets 5th and Jefferson Streets

WHEREAS, the City Council of Burlington, Iowa upon receipt of information from the City Manager, Police Chief and Director of Public Works concurs with their recommendation; now

BE IT RESOLVED BY THE BURLINGTON CITY COUNCIL: approves the removal of traffic signals and installation of stop signs at the noted intersections.

APPROVED and ADOPTED this 2nd

ATTEST:

Kathleen P. Salisbury, MMC City Clerk

day of ___ -'S"'e""p""te"'m"'b""e"'-r- 2014.

Shane A. McCampbell Mayor

City of

Burlington A Great Place to Live, Work and Play

Public Works Director To: City Manager, Mayor and Council From: Steve Hoambrecker Date: August 21, 2014 RE: 3rd, 4th and 5th & Jefferson St., remove traffic signals, install stop signs

Council Meeting: September 2, 2014 Memo Date: August 21,2014

Background In June 2014, at the request of the city council, a presentation was made to the city council discussing the status of various traffic signals. One of the recommendations made during that presentation was to remove the traffic signals and install stop signs at 3'ct, 4th, 5th and 6th and Jefferson streets. Since the presentation it has been decided to hold off on the 6th and Jefferson St intersection until a traffic count has been completed on that intersection. The traffic count is to be done by regional planning and has not been completed to date. A resolution is on the September 2, 2014 council meeting recommending approval of the removal of the traffic signals and installation of stop signs at the 3 intersection on Jefferson St.

Discussion -Budget Concerns One of the potential outstanding issues is the type of stop sign posts to install. The comparative numbers presented in June were Regular $1,120 per intersection, Decorative $2420 per intersection. For 3 intersections installed prices would be: Regular- $3,400 compared to Decorative - $7,300. A meeting has been held with Downtown Partners to discuss the type of sign posts. They are definite that a more decorative type of post should be utilized; however, they could only provide minimal financial assistance, up to $500. Another possible option that could provide the compromise would be using tubular solid steel posts that would be powder coated. These post would also be able to utilizing the same bases, subject to an additional powder coating and maintaining the black look. At the time of this report, an exact cost had not been determined. A more detailed cost comparison will be available prior to the 9-2-14 meeting.

Recommendation It is recommended that the city council approve the "Resolution approving the removal of traffic signals installing stop signs at the intersections of 3rd 4th and 5th and Jefferson".

RESOLUTION NO. ___ _

Meeting No. PaperNo. Seconded By: __________ _

AYES: ___________ _

NAYS: ________________ ___

Introduced By:

A RESOLUTION SETTING DATE FOR PUBLIC HEARING FOR CONSIDERATION OF A PERMANENT ENCROACHMENT AGREEMENT WITH HARMONY BIBLE CHURCH FOR ENCROACHMENT INTO CITY RIGHT-OF-WAY

AT 906 MAPLE STREET, BURLINGTON, IOWA

RESOLVED: That a Public Hearing will be held: September 15,2014 at 5:30p.m., in Council Chambers, City Hall, for CONSIDERATION OF A PERMANENT ENCROACHMENT AGREEMENT WITH HARMONY BIBLE CHURCH FOR ENCROACHMENT INTO CITY RIGHT-OF-WAY AT 906 MAPLE STREET, BURLINGTON, lOW A.

BE IT FURTHER RESOLVED: That the City Clerk be directed to publish notice of said hearing in The Hawk Eye as prescribed by law.

APPROVED and ADOPTED this 2"d day of September, 2014.

ATTEST:

Kathleen P. Salisbury, MMC City Clerk

Shane A. McCampbell Mayor

RESOLUTION NO. ___ _

Meeting No. PaperNo. Seconded By: __________ _

AYES: ___________ ___

NAYS: ____________ _

Introduced By:

A RESOLUTION SETTING DATE FOR PUBLIC HEARING FOR CONSIDERATION OF A RESOLUTION APPROVING THE VOLUNTARY

SEVERING OF TERRITORY FOR THE PROPERTY LOCATED NORTH OF 2750 FLORENCE AVENUE, BURLINGTON, IOWA

RESOLVED: That a Public Hearing will be held: September 15,2014 at 5:30p.m., in Council Chambers, City Hall, for CONSIDERATION OF A RESOLUTION APPROVING THE VOLUNTARY SEVERING OF TERRITORY FOR THE PROPERTY LOCATED NORTH OF 2750 FLORENCE A VENUE, BURLINGTON, lOW A.

BE IT FURTHER RESOLVED: That the City Clerk be directed to publish notice of said hearing in The Hawk Eye as prescribed by law.

APPROVED and ADOPTED this 2nd day of September, 2014.

ATTEST:

Kathleen P. Salisbury, MMC City Clerk

Shane A McCampbell Mayor

RESOLUTION NO. ___ _

Meeting No. PaperNo. Seconded By:-----------

AYES: ___________ ___

NAYS: ___________ ___

Introduced By:

A RESOLUTION SETTING DATE FOR HEARING ON A PROPOSED ORDINANCE AMENDING CHAPTER 56.01(1)(A), 56.01(2) AND 56.01(5) CURFEW

OF THE CODE OF ORDINANCES OF THE CITY OF BURLINGTON, IOWA, AND DIRECTED NOTICE THEREOF

RESOLVED: That a Public Hearing will be held on September 15,2014 at 5:30p.m. in the Council Chambers, City Hall, to consider a proposed ordinance: AN ORDINANCE AMENDING CHAPTER 56.01(1)(A), 56.01(2) AND 56.01(5) CURFEW OF THE CODE OF ORDINANCES OF THE CITY OF BURLINGTON, IOWA.

BE IT FURTHER RESOLVED: That the City Clerk be directed to publish notice of said hearing in The Hawk Eye newspaper as prescribed by law and the rules of the Council.

APPROVED and ADOPTED this 2"d day of September, 2014.

ATTEST:

Kathleen P. Salisbury, MMC City Clerk

Shane A. McCampbell Mayor