09/02/2014 - council meeting packet

BURLINGTON CITY COUNCIL AGENDA
Meeting No. 17
September 2, 2014, 5:30p.m.
Thomas J. Smith Council Chambers, City Hall
PLEDGE OF ALLEGIANCE
ROLLCALL
CERTIFICATE OF RECOGNITION:
Kenneth 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:
1. 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 Cormnittee 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
3. Resolution Awarding Contract for CDBG Downtown Facade Improvement Project
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 Approving 28E Agreement Between the City of Burlington and the City of
Mount Pleasant to Provide Mutual Aid for Significant Emergencies
3. Resolution Authorizing the Removal of Traffic Signals and the Placement of Stop Signs at 3'd
and Jefferson Streets, 4th and Jefferson Streets and 51
h and Jefferson Streets as Provided in
Chapter 71 of the Burlington City Code
SET DATE FOR PUBLIC HEARINGS: SEPTEMBER 15.2014
1. 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 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
3. Consideration of an Ordinance Repealing Chapter 131 Closing Out Sales of the Burlington
Municipal Code

• • •
• • •
Certificate of Recognition
In grateful recognition of
40%ars
of dedicated service to tlie City of (/JurEington as of
Septem6er 3, 2014, we liere6ypresent
1(ennetli Jfi{{yer
~ City of witli tliis Certificate of recognition
A Great Place to !ive, Work and Play
/7 C:· "->?.__::_ ~9-t_..v7~
7 Jim Pemeau, 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 incumbent 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 individnals in all the Workforce Development organizations and partnerships who play such a
vital role in our economy.
Signed and Sealed this 2nd day of September, 2014.
ATTEST:
KathleenP. 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. Seconded By:------------
AYES: ____________________________ __
NAYS: __________________________ _
Introduced By:
MOTION CARRIED
That all matters listed under Item I., Consent Agenda having been discussed are
considered to be routine by the City Council, be hereby approved.

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, lOW A.
PUBLICATION HAS BEEN MADE IN THE HAWK EYE AS PRESCRIBED BY LAW.
THOSE FOR OR AGAINST MAY BE HEARD AT THIS TIME.
NOTICE OF PUBLIC HEARING
TO: THE PUBLIC
Notice Is hereby given that the City Council,
City of Burlington, will hold a public
hearing commencing September 2, 2014
at 5:30p.m., in the Council Chambers, City
Hall for: CONSIDERATION OF A PEAMA·
NENT ENCROACHMENT AGREEMENT
. WITH HUCKLEBERRY HOLDINGS llC
AND WINEGAAO REAlTY COMPANY
FOR ENCROACHMENT INTO CITY
RIGHT-OF-WAY AT 3001 WINEGARD
DRIVE, BURUNGTON, IOWA
You may express your views in parson, or
be represented by agent or attomey at said
public hearing, or you may express your
views in writing and file same With the
office of the City Clerk, City Ha·u, prior to
the time of the hearing.
Please take notice and govern yourselves
accordingly.
Approved by resolution of the City Council
on August18, 2014.
City Clerk
August22,2014 15

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.

Prepared by and return to: Diane E. Puthoff. Lane & Waterman, 220 N. Main. Ste. 600. Davenport, (563) 324-3246
EX h .. I'' b"I t. "~DK 'N'O WLEDGEMENT 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 Hucklebeny 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 lot encroachments; and
WHEREAS, it has come to the attention ofHucklebeny 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 lot, 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: ______________ _
City Clerk
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 1/4 OF THE NORTHWEST 1/4 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 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.
AND
PART OF TRACT 3 IN FIRST SUBDIVISION OF A PART OF THE SOUTHWEST 1/4 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
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 LOT 2;
THENCE N57'17'32"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 N00'13'19"E 10.00' TO A CORNER OF LOT 2 IN SAID GREAT RIVER
SUBDIVISION;
THENCE S33'58'13"E 12.D9' 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 DESCRIBED 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
S83'54'51"W (SAID CURVE HAVING A CENTRAL ANGLE OF W43'57");
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

Exhibit "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, IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF LOT 3 IN GREAT RIVER
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"D" TO ACKNOWLEDGEMENT . ' . t ' '
AND CONSENT TO ENCROACHMENTS

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 (100-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 permitted one hundred
( 1 00) 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 (100)
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 100-feet from adjoining lots used and/or zoned for residential
purposes. and shall net be •NitAin fifty (5Q) feet of an adjoiRiR!! lot ~o~sed and.'or zoned
for residential ploiFJlOSes.
SECnON 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.

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:
I certify that the foregoing was published as
Ordinance No. _____ on the ___ day of ______ , 2014.

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)

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 V ARlO US 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, lOW A:
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 ofthe 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 Jaw.
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 Permits
162.05 Penally
162.03 Fire limits
162.01 ADOP110N 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 lntemationa/ 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 OffiCial" 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 lntemationa/ Fire Code is
amended as follows:
1. Section 1 04.12 (New section) The code official is authorized 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 105 (PERMITS) 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 permit 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. Permits 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 manufactured 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 permit 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 limited 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 depariment shall be
notified and a permit 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 permit.
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 permit 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 within 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 depariment 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
Exception 7: Recreational Fires ______________________________________ i =:(';.~,~ cuwm
No permit shall b~ required for recreation.!)! fires, _ _ _ _ _ _ _ ____ ~,-- ·- ------------------------------ --------------------------~
Recreational fires shall be limited to manufactured fire pit_a QJ!Ji_ances. ~ ' ',
above or below around fire pits. protected by metal. stone. or concrete. ------- ', ...... '
' ' ' ' '
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All openings shall be covered by a protective mesh screen with a
maximum grid size of Y, inch_
'
Colo~RGB(I92,80,77))
Recreational fires shall be located at least 15 feet from any structure or
combustible material.
Recreatjonal 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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~- - -i Formatted: Indent: Left: 0"
,. ____________________ ------ __ ---- ___________________________________ i ~~~:9i~ci,;) Custom
Rules Governing Open Burning Permitted in Accordance With the
Aforementioned Exceptions.
1. Attendance/Fire Extinguishing Equipment Burning material shall be
constantly attended by an peFSon 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. Conditions 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 penmitted 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-l'ire GhiefAny Burlington firefighter or police
officer is authorized to require that open fires be immediately discontinued
if detenmined that smoke emissions are offensive to occupants of
surrounding property,-ef if the open burning is determined to constitute 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
with 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 (AIRPORl) zoned areas in the City
shall be penmitted 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 within 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: Fireworl<s: The penmittee 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 Fifih 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 mark, 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 mark 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. l {p Paper No. 5:
August 18, 2014- Continued to September 2, 2014
City Council Meeting
(VOTE: 3 - "A YES" Scott, Shockley & Anderson- CARRIED
2 - Absent - McCampbell & Fleming)
Meeting No. PaperNo. Seconded By: ~
AYES: __________________________ ___
NAYS: ____________________________ __
Introduced By: JW;t MOTION CARRIED
For final adoption of an Ordinance: AN ORDINANCE AMENDING SECTION 31.01
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 resideffis 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:
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
2014.
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:

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 2"d day of September, 2014.
ATTEST:
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.

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:----------Seconded
by:----------
Ayes: __________ _
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 Fao;;ade 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, lAin 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 fao;;ade
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:

KLINGNER ____________ _
& A S S 0 C I A T E S, P. C.
610 North 4th St., Suite 100 • Burlington, lA 52601 • voice 319.752.3603 • fax 319.752.3605
Engineers • Architects • Surveyors
August 28, 2014
Mayor Shane Me Campbell and Members of Burlington City Council
Burlington City Hall
400 Washington Street
Burlington, Iowa 52601
RE: Recommendation to accept a Bid Proposal for the Burlington CDBG Downtown
Revitalization Favade Master Plan Project
Project No.:
00924-308/12-2240
Agency No.:
10-DTR-007
Dear Mayor and Members of Council:
I am pleased to present my recommendation that the City of Burlington accept the base
bid proposal of $978,529 by Schickedanz Construction of Fort Madison, Iowa for the
improvements outlined in the plans and specifications prepared by Klingner and
Associates, P. C., of Burlington, Iowa and further designated as:
CDBG DOWNTOWN REVITALIZATION FACADE MASTER PLAN
We believe the bid to be an accurate and reasonable amount of compensation for the
work involved. Furthermore, we believe Schickedanz Construction has the experience
and ability to complete the Project in the manner required by the construction
documents, having recently successfully completed a similar project in Fort Madison.
Mark Fisher
Klingner and Associates, P. C.
P:00924-CITY OF BURLINGTON308-122240 FACADE GRANT REHAB10 BID DOCSBID RECOMMENDATION- DRAFT.DOCX
www, klingner. com Quincy, IL • Hannibal, MO • Burlington, lA • Galesburg, IL

AYES: ____________________________ _
NAYS: __________________________ _
Introduced By:
MOTION CARRIED
That this meeting be adjourned.

AYES: __________________________ _
NAYS: __________________________ ___
Introduced By:
MOTION CARRIED
That the minutes of the City Council Meeting dated August 18, Meeting No. 16 and City
Council Work Session dated August 25,2014, having previously been submitted to the members
of the City Council, be received and filed in the office of the City Clerk.
Becky Anderson, Mayor Pro-Tern
Robert Fleming, Council Member
Shane A. McCampbell, Mayor
Becky Shockley, Council Member
Tim Scott, Council Member

AYES: ___________________________ _
NAYS: __________________________ ___
Introduced By:
MOTION CARRIED
CITY CLAIMS: $477,648.29
PAYROLL: $605,194.700
That the above bills be allowed and the Finance Director/Treasurer be instructed to draw the
necessary checks in the payment thereof.

Meeting No. PaperNo. Seconded By: ___________ _
AYES: ___________ ___
NAYS: ___________ ___
Introduced By:
A RESOLUTION APPROVING LIQUOR, BEER AND BEER/WINE LICENSES
RESOLVED: Upon recommendation of the Police and Fire Departments, this Council
recommends issuance of the following licenses:
Summer Street Station, Inc. dba/Summer Street Station, Inc.
1000 Summer Street
Class "C" Liquor (Renewal)
OUTDOOR SERVICE LICENSES:
Burlington Notre Dame, Inc. dba/Burlington Notre Dame High School
702 S. Roosevelt Avenue
Class "B" Beer (Includes Wine Coolers)
Event: October 4, 2014 (Oktoberfest)
Pending Dramshop
The Buffalo, Inc. dba/The Buffalo
2016 South Main Street
Class "C" Liquor & Sunday Sales
Event: September 13, 2014 (BBQ Cook Off)
The Buffalo, Inc. dba/The Buffalo
2016 South Main Street
Class "C" Liquor & Sunday Sales
Event: September 27,2014 (Young Professionals BBQ Cook Off)
as provided by the State Code of Iowa, and the rules and regulations of the Alcoholic Beverages
Division.
ATTEST:
City Clerk
Shane A. McCampbell
Mayor

AYES: __________________________ ___
NAYS: __________________________ _
Introduced By:
MOTION CARRIED
That the following be received and filed in the office of the City Clerk:
REPORTS
Minutes of the Board of Trustees for the Burlington Public Library Meeting
for July 16, 2014
Minutes of the City Safety Committee Meeting
for August 21, 2013; October 16, 2013; June 18, 2014
Minutes of the Civil Service Commission Meeting
for June 5, 2014
Minutes of the Economic Development Advisory Board Meeting
for June 25, 2013
Minutes of the Human Rights Commission Meeting
for AprilS, 2013; May 13, 2013; July 8, 2013; October 14, 2013; December 9, 2013;
May 20, 2014; July 15,2014
Minutes of the Renewable Energy Committee Meeting
for July 22, 2014
CertifYing July 1, 2014 Seniority List
- Civil Service Commission -
Revise and Establish Civil Service Procedures for the Promotional Process in the Fire Dept
- Civil Service Commission -

BONDS
Schwind Inc. dba/ Schwind Contracting
1700 Mt. Pleasant Street
West Burlington, IA 52655
$5,000.00 Bond
Bond No. 2020750
Effective 08/08/2014 to 08/08/2015
Cancellation Notice Effective 09/15/2014
Chuck Swanner dba/Swanner Excavating
$5,000.00 Bond
Bond No. 43037426
Effective 06/16/2014 to 06/16/2015
Executive Transportation, LLC
70 I Park Place
West Burlington, IA 52655
Notice of Cancellation
Effective 08/09/2014
OMG Midwest, Inc. dba/Cessford Construction, Inc.
PO Box 160
2320 Zeller Avenue
LeGrand, IA 50142
General Liability Insurance - Expires 09/01/2015
Automobile Liability Insurance- Expires 09/01/2015
Workers Compensation Insurance- Expires 09/01/2015
Pro-Paving, LLC
$5,000.00 Bond
Bond No. 7900417903
Effective 08/20/2014 to 08/19/2015
J.L. Scott
PO Box 913
Burlington, IA 52601
$5,000.00 Bond
Bond No. RLI0533294
Effective 07/12/2014 to 07/12/2015
Justin Myers Construction
$5,000.00 Bond
Bond No. IA 596188
Effective 09/20/2014 to 09/20/2015

Mike Nelson Concrete Paving Company
6531 Hunt Road
General Liability Insurance- 07/01/2014 to 07/01/2015
Automobile Liability Insurance- 07/0112014 to 07/01/2015
Workers Compensation Insurance- 07/01/2014 to 07/01/2015
City of Burlington is Listed as Additional Insured
Burlington Steamboat Days, Inc.
PO Box 271
Policy No. NSJ0948676
Insurance Effective 09/01/2014 to 09/01/2015

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 No. No. Location & Legal Amount 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 4LOTS 3545 DAVENPORT, lA 52803 DOCUMENT FILING FEE $5.00
$320.00
C-1648 16-04-357-008 304 SOUTH ST THE GREAT PLAINS COMPANY 7/20/2014 MOWING CASTON CONSTRUCTION $40.00
BURLINGTON 126 LELAND AVE ADMINISTRATIVE FEE $200.00
ORIGINAL CITY LOT WATERLOO, lA 50701 DOCUMENT FILING 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
816' W155' E165' GREAT FALLS, MT 59401 DOCUMENT FILING FEE $5.00
N24' W155' E165' L2 $280.00
C-1650 16-0S..309-019 637 S GUNNISON FRANK & MICHELLE CAREY 7/20/2014 MOWING CASTON CONSTRUCTION $55.00
BURLINGTON 313 S MARSHALL ST ADMINISTRATIVE FEE $200.00
TOPPING PLLOT 27 BURLINGTON, lA 52601 DOCUMENT FILING FEE $5.00
$260.00
C~1651 16-08~201-001 10138 13TH ST HF4 7120/2014 MOWING CASTON CONSTRUCTION $50.00
BARRETSADD PO BOX 12131 ADMINISTRATIVE FEE $200.00
BLOCK 39LOT 13 DES MOINES, lA 50312 DOCUMENT FILING FEE $5.00
$255.00
C~1652 16-05-334-004 6148 12TH ST IOWA PROPERTY REVE!VER LLC 7/2012014 MOWING CASTON CONSTRUCTION $55.00
BARRETSADD 1715 SOUTH GAVE ADMINISTRATIVE FEE $200.00
BLOCK 53 LOT 12 NEVADA, lA 50201 DOCUMENT FILING FEE $5.00
$260.00
C·1653 16-05-258-013 239 S 7TH ST HF1 7/20/2014 MOWING CASTON CONSTRUCTION $75.00
BARRETS SUB 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 517PINE WILLIAM & JANE WARD 7120/2014 MOWING CASTON CONSTRUCTION $90.00
ORIGINAL CITY LOT 115 N GUNNISON ADMINISTRATIVE FEE $200.00
770 E 1/2 N 84'2" BURLINGTON, lA 52601 DOCUMENT FILING FEE $5.00
$295.00
C-1656 16-05-480-006 9038 5TH ST JOANNE WALTER 7/20!2014 MOWING CASTON CONSTRUCTION $50.00
ORIGINAL CITY LOT 636A 903 S 5TH ST ADMINISTRATIVE FEE $200.00
S20' & N20' LOT BURLINGTON, lA 52601 DOCUMENT FILING FEE $5.00
6368 $255.00
C-1657 16-05-402-024 531 S 9TH ST RICKEY WARREN 7!2012014 MOWING CASTON CONSTRUCTION $50.00
BARRETS SUB BLOCK 531 S9THST ADMINISTRATIVE FEE $200.00
953LOT6 & 81/2 LOT? BURLINGTON, lA 52601 DOCUMENT FILING 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 956LOT 18 DES MOINES, lA 50312 DOCUMENT FILING FEE $5.00
$260.00

C·1659 16-05278-016 2078 5TH ST EDWARD HILL 7/20/2014 MOWING CASTON CONSTRUCTION $45.00
BURLINGTON 1415 CLEVELAND ADMINISTRATIVE FEE $200.00
ORIGINAL BURLINGTON, lA 52601 DOCUMENT FlUNG 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&6LOT1 FT MADISON, lA 52627 DOCUMENT FlUNG FEE $5.00
W24' E 132' N50' $250.00
C-1662 16-05-258-002 238SSTHST JUANITA BROWN 7/2212014 MOWING CASTON CONSTRUCTION $50.00
BARRETSSUB 3421 AVENUE N APT 107 ADMINISTRATIVE FEE $200.00
BLOCK FT MADISON, !A 52627 DOCUMENT FlUNG 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 & MARILYN NEWMAN 7/31/2014 MOWING CASTON CONSTRUCTION $80.00
BURLINGTON 807RAMSEY 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 609 112 NORTH ST ADMINISTRATIVE FEE $200.00
ORIGINAL CITY BURLINGTON, lA 52601 DOCUMENT FlUNG FEE $5.00
LOT 840 E 45 $265.00
Cw1666 16-05-252-017 227$ 9TH ST WANDA VIERRA 7/22/2014 MOWING CASTON CONSTRUCTION $55.00
BARRETS SUB 1309 MARKET ST ADMINISTRATIVE FEE $200.00
BLOCK 948LOT 2 BURLINGTON, !A 52601 DOCUMENT FlUNG FEE $5.00
$260.00
C~1667 11-32~276-005 811 SYCAMORE DEWITI FAMILY TRUST 712212014 MOWING CASTON CONSTRUCTION $60.00
BURLINGTON 7513 MONTE BRAZIL DR ADMIN!STRA TIVE FEE $200.00
NORTHERN ADD LOT SACRAMENTO, CA 95831 DOCUMENT FILING FEE $5.00
63W40' $265.00
C-1668 11-32-276-007 1333 N 8TH ST RALPH & DARLA MEYER 712212014 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' ONE X 58'9.5" W $275.00
C-1669 16-05-333-001 1241 ANGULAR ROBERT MORANIEC 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
Cw1670 16-05-156-008 1720AMELIA DEUTSCHE BANK NA T!ONAL TRUST 7/2212014 MOWING CASTON CONSTRUCTION $55.00
SMITHS ADD LOT302 7105 CORPORATE DR MAIL STOP C ADMINISTRATIVE FEE $200.00
W1/2 & LOT303 PLANO, TX 75024 DOCUMENT FlUNG FEE $5.00
W1/2S8" $260.00
C-1671 11-33-306-022 905N 3RD KEITH & DOROTHY GARDNER 7/30/2014 MOWING CASTON CONSTRUCTION $55.00
ORIGINAL CITY LOT 905 N 3RD ST ADMINISTRATIVE FEE $100.00
39S EXC N 10' BURLINGTON, lA 52601 DOCUMENT FILING FEE $5.00
$160.00
M-1636 11-32-332-021 1200 PATTERSON HENRY & KATIE HEITKAMPER 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 FILING 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 S60' W2J3 DES MOINES, lA 50312 DOCUMENT FlUNG FEE $5.00
$245.00

M-1638 11-32-332-024 1101 PLANK HENRY & KATIE HE!TKAMPER
HENRY'S SUB OF LOT 524 S 10TH ST
1 EXCNWCOR&SE BURLINGTON, !A 52601
COR LOT2
M-1639 11-32-332-023 1103 PLANK HENRY & KATIE HEITKAMPER
12LOT1NWCOR&E BURLINGTON, lA 52601
PT19'2" ON N X23'7"
M-1640 11-32-32-022 1105PLANK HENRY & KATIE HEITKAMPER
12LOT2WPT37'5" BURLINGTON, lA 52601
ONNX2U5'S
M-1641 11-32-309-001 520REMICK DEREK REVERAND
CAMERON ROBT 520 REMICK ST
ADDLOT81 BURLINGTON, lA 52601
M-1642 16-05-210-006 109S 7TH ST GLENDA SUE BORN
ORIGINAL CITY 109 S 7TH ST
LOT 9228 S56'3" BURLINGTON, lA 52601
M-1643 16-05-210-009 117S 7THST LOUIS SUTHERLAND TRUSTEE
ORIGINAL CITY LOT PO BOX 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 S1/2 & 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 11-32453-015 617N 10TH ST 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 BURLINTON, !A 52601
E40'
M-1649 11-29-407-017 2019CONNER BENJAMIN & LYNDSEY BROZENE
GILBERTWO 1001 OAK ST
ADDLOT70 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:
City Clerk
7/24/2014 MOWING STEW'S LAWN SERVICE $45.00
ADMINISTRATIVE FEE $200.00
DOCUMENT FILING FEE $5.00
$250.00
$250.00
$250.00
$250.00
DOCUMENT FlUNG FEE $5.00
$250.00
712412014 MOWING STEW'S LAWN SERVICE $80.00
$285.00
$285.00
8/4/2014 MOWING BURLINGTON LAWNS $20.00
$125.00
$485.00
7118/2014 MOWING BURLINGTON LAWNS $100.00
$205.00
$190.00
8/5/2014 WEEDS BURLINGTON LAWNS $25.00
$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

Meeting No.
Introduced By:
Kathleen P. Salisbury, City Clerk, City of Burlington,
400 Washington St, Burlington, IA (319) 753-8124
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:
City Clerk
Shane A. McCampbell
Mayor

· Exhbt "A".
AGREEMENT BETWEEN THE CITY OF BURLINGTON, lOW A,
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, emihquakes, 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 of Iowa (20 13) to render fire and emergency assistance upon a reciprocal
basis.
NOW, THEREFORE, the Paliies mutually agree to provide fire and/or emergency assistance, as
may be required, on a reciprocal basis, pursuant to the following terms and conditions, all in
accordance with the provisions of Chapter 28E of the Code ofiowa (20 13 ):
1. 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 Paliies' 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 determined by the responding Party's Fire Chief or Officer-in-Command.
6. The responding Party shall be responsible for training emergency personnel 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 personnel 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. Persom1el of either Party acting in accordance with and pursuant to the terms 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 terms 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 indemnity 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 tenns 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 detennine 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.
3

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 depatiments.
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
Femeau, City Manager
::~&;UN~A
Steven Brimhall, Mayor
4
Attest:
By:
~~~~~~~~~Kathleen
Salisbury, City Clerk
Attest:
By:~d2~
Florence Olomon, City Clerk

Meeting No. PaperNo. Seconded
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
51h 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:
City Clerk
day of ___ _JS,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, 4111 and 5111 & Jefferson St., remove traffic signals, install stop signs
Council Meeting: September 2, 2014
Memo Date Revised: August 26, 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'd, 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. Staff met with
Steve Frevert, Downtown Partners to discuss various types of sign posts to be installed. It was
agreed that if financially possible, something other than the typical galvanized sign post should
be installed in the historic downtown area. Mr. Frevert thought that Downtown Partners could
possibly contribute up to $500 toward the difference.
In June during the discussion, only a typical sign post, painted black compared to a more
stylish fluted base with finial cap were considered. An alternated post considered would be a
solid square post power coated black, powder coated black typical base and black decorative
metal finial ball.
As part of the consideration there would be some energy and maintenance armual savings by
not having the traffic signals at each of those 3 intersections. That annual cost is estimated at
$3,600. Conversely there will be a cost to remove the wiring and traffic lights also repairing
the pavement area the post are sitting. That one time cost was estimated at $7,500.
As illustrated by the following table, the expense to install the square powder coated post
assembly for the 3 intersection is only an increase of $780 and the estimated payback increases
only slightly from 3 years to 3.2 years. The decorative post cost difference is $7,500 greater
with a payback of 5.1 years. Staff

Cost Calculations for Removing Existing Traffic Lights
and Installing Stop Signs with Different Style of Posts
at 3rd, 4th and 5th and Jefferson Streets
Projected Annual Savings for 3 Intersections
Electrical $2,100
Maintenance $1,500
TOTAL $3,600
Removal of Existing Traffic Lights
Estimated $2,500 per Intersection $7,500
Projected Annual Costs-Payback for 3 Intersections
Type of Post Cost Payback (Yrs)
Typical $3,300 3.0
Powder Coated Square $4,080 3.2
Decorative Post $10,800 5.1
Recommendation
It is recommended that the city council approve the "Resolution approving the removal of
traffic signals installing stop signs at the intersections of 3'd 4th and 5th and Jefferson" with the
intent that staff will purchase and install the powder coated square posts with metal finial ball.
Staff will also work with Downtown Partners to contribute up to the estimated $780 difference
to install the square powder coated posts.

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, IOWA.
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 znd day of September, 2014.
ATTEST:
City Clerk
Shane A. McCampbell
Mayor

AYES: ____________ _
NAYS: ______________________ ___
Introduced By:
A RESOLUTION SETTING DATE FOR HEARING ON A PROPOSED ORDINANCE
AMENDING CHAPTER 56.01(l)(A), 56.01(2) AND 56.01(5) CURFEW
OF THE CODE OF ORDINANCES OF THE CITY OF BURLINGTON, lOW A,
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 56.0l(l)(A), 56.01(2) AND 56.01(5) CURFEW OF THE CODE OF
ORDINANCES OF THE CITY OF BURLINGTON, IOWA.
hearing in The Hawk Eye newspaper as prescribed by law and the rules of the Council.
ATTEST:
City Clerk
Shane A. McCampbell
Mayor

AYES:------------
NAYS: ___________ ___
Introduced By:
A RESOLUTION SETTING DATE FOR HEARING ON A PROPOSED ORDINANCE
REPEALING CHAPTER 131 CLOSING OUT SALES
OF THE BURLINGTON MUNICIPAL CODE,
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
REPEALING CHAPTER 131 CLOSING OUT SALES OF THE BURLINGTON MUNICIPAL
CODE.
hearing in The Hawk Eye newspaper as prescribed by law and the rules of the Council.
ATTEST:
City Clerk
Shane A. McCampbell
Mayor

09/02/2014 - council meeting packet

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