8/25/2014 - work session packet

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
Various Sections of Chapter 162, Fire Prevention Code
of the City of Burlington Municipal Code
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:
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
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
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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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:
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:
Kathleen P. Salisbury, MMC - City Clerk
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 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:
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.
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 2nd 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.

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
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

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:
~~.~. ...E El~
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 conduct
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 therein,
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 competent
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
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.
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
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

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
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

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
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 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
2404 (0.01)
- impltM!mel'lts
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
·Pr-operStye MMacien 1Feunnadnsc:e 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 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
ATTEST:
City Clerk
7/24/2014 MOWING STEW'S LAWN SERVICE $45.00
ADMINISTRATIVE FEE $200.00
DOCUMENT FILING FEE $5.00
$250.00
DOCUMENT FlUNG FEE $5.00
$250.00
$250.00
$250.00
7/2412014 MOWING STEW'S LAWN SERVICE $45.00
$250.00
$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

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:

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.
ATTEST:
City Clerk
Shane A. McCampbell
Mayor

-e· Xh 'b "t "A" .
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.
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 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

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:
City Clerk
day of ___ -'S"'e""p""te"'m"'b""e"'-r- 2014.
Shane A. McCampbell
Mayor

City of
Burlington
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".

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:
City Clerk
Shane A. McCampbell
Mayor

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.
hearing in The Hawk Eye as prescribed by law.
ATTEST:
City Clerk
Shane A McCampbell
Mayor

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.
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:
City Clerk
Shane A. McCampbell
Mayor

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8/25/2014 - work session packet