09/02/2014 - council meeting packet

BURLINGTON CITY COUNCIL AGENDA Meeting No. 17

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

PLEDGE OF ALLEGIANCE

ROLLCALL

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

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

CONSENT AGENDA: To the Public:

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

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

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

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

ORDINANCES: 1. Motion for Final Adoption of an Ordinance Amending Section 17.75.104 District Signage

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

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

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

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

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

Iowa

2. Resolution to Establish Fire Department Response Fees

3. Resolution Awarding Contract for CDBG Downtown Facade Improvement Project

COMMENTS FROM AUDIENCE COMMENTS FROM COUNCIL/CITY MANAGER ADJOURNMENT

FINANCES AND MISCELLANEOUS Minutes of Previous Meetings Payroll and City Claims

ITEM I. Consent Agenda

BEER, LIOUOR, WINE AND CIGARETTES

REPORTS AND BONDS

RESOLUTIONS: 1. Resolution Approving Nuisance Abatements for Various Properties

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

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

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

SET DATE FOR PUBLIC HEARINGS: SEPTEMBER 15.2014 1. Consideration of a Permanent Encroachment Agreement with Harmony Bible Church for

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

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

3. Consideration of an Ordinance Repealing Chapter 131 Closing Out Sales of the Burlington Municipal Code

• • • • •

•

Certificate of Recognition In grateful recognition of

40%ars of dedicated service to tlie City of (/JurEington as of

Septem6er 3, 2014, we liere6ypresent

1(ennetli Jfi{{yer ~ City of witli tliis Certificate of recognition

A Great Place to !ive, Work and Play

/7 C:· "->?.__::_ ~9-t_..v7~ 7 Jim Pemeau, City :Manager

• •

PROCLAMATION

WHEREAS, the economic development of every region in our country and the ability of our businesses and industries to compete in the global economy are more than ever before dependent on the availability and quality of a skilled workforce; and WHEREAS, the complexity and fast-paced change in our economy and labor markets puts new demands on individuals and employers at all levels; and

WHEREAS, job seekers need the assistance of knowledgeable and dedicated professionals to facilitate the process by which our workforce identifies, prepares for, obtains, and maintains employment and selfsufficiency; and

WHEREAS, employers depend on similar levels of professional services to help them recruit and retain a competitive workforce and continually upgrade the skill sets of their incumbent employees; and

NOW, THEREFORE, we, the City Council of the City of Burlington, Iowa hereby joins with the National Association of Workforce Development Professionals in designating the month of September as

"Workforce Development Professionals Month"

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

Signed and Sealed this 2nd day of September, 2014.

ATTEST:

KathleenP. Salisbury, MMC City Clerk

Shane A. McCampbell Mayor

PROCLAMATION

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

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

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

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

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

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

"Library Card Sign-Up Month"

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

Signed and Sealed this znd day of September, 2014.

ATTEST:

Kathleen P. Salisbury, MMC City Clerk

Shane A McCampbell Mayor

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

AYES: ____________________________ __

NAYS: __________________________ _

Introduced By: MOTION CARRIED

That all matters listed under Item I., Consent Agenda having been discussed are considered to be routine by the City Council, be hereby approved.

Meeting No. PaperNo.

PUBLIC HEARING STATEMENT

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

PUBLICATION HAS BEEN MADE IN THE HAWK EYE AS PRESCRIBED BY LAW.

THOSE FOR OR AGAINST MAY BE HEARD AT THIS TIME.

NOTICE OF PUBLIC HEARING TO: THE PUBLIC Notice Is hereby given that the City Council, City of Burlington, will hold a public hearing commencing September 2, 2014 at 5:30p.m., in the Council Chambers, City Hall for: CONSIDERATION OF A PEAMA· NENT ENCROACHMENT AGREEMENT

. WITH HUCKLEBERRY HOLDINGS llC AND WINEGAAO REAlTY COMPANY FOR ENCROACHMENT INTO CITY RIGHT-OF-WAY AT 3001 WINEGARD DRIVE, BURUNGTON, IOWA You may express your views in parson, or be represented by agent or attomey at said public hearing, or you may express your views in writing and file same With the office of the City Clerk, City Ha·u, prior to the time of the hearing. Please take notice and govern yourselves accordingly. Approved by resolution of the City Council on August18, 2014.


August22,2014 15

Meeting No. PaperNo. Seconded By: __________ _

AYES: _____________ ___

NAYS: ______________________ ___


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

be closed.

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

RESOLUTION NO. __ _

Meeting No.

Introduced By:-------

Seconded By: --------

Paper No.

AYES: ------------------

NAYS: _______________________ ___

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

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

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

Signed this __ day of ________ , 2014.

City of Burlington, Iowa

Shane A. McCampbell - Mayor

ATTEST:

Kathleen P. Salisbury, MMC - City Clerk

EXHIBIT "A"

TERMS OF THE ENCROACHMENT AGREEMENT

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

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

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

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

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

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

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

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

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

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

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

Termination

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

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

Assignment

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

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

E h''b"t "D '' X .. I I . ~KNOWLEDGEMENT AND CONSENT TO ENCROACHMENTS

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

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

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

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

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

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

CITY OF BURLINGTON, IOWA

By: --~~--------------------Mayor

Attest: ______________ _ City Clerk

STATE OF IOWA; COUNTY OF DES MOINES; SS:

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

Notary Public in and for the State of Iowa

2

Exhibit "A" Parking Lot Encroachment on Frontage Road

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

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

AND

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

COMMENCING AT THE SOUTHWEST CORNER OF LOT 3 IN GREAT RIVER SUBDIVISION AS PER PLAT RECORDED MARCH 25, 2013 AS DOCUMENT NUMBER 2013-001310 IN THE OFFICE OF THE DES MOINES COUNTY RECORDER; THENCE S89'59'47''W 142.69' ALONG THE SOUTH LINE OF LOT 2 IN SAID GREAT RIVER SUBDIVISION TO A CORNER OF SAID LOT 2; THENCE N00'03'43"W 69.63' ALONG THE LINE OF SAID LOT 2; THENCE S89'56'17"W 122.00' ALONG THE LINE OF SAID LOT 2; THENCE N57'17'32"W 39.89' ALONG THE LINE OF SAID LOT 2; THENCE N33'58'13"W 28.83' ALONG THE LINE OF SAID LOT 2 TO THE PLACE OF BEGINNING; THENCE N89'46'41"W 6.79'; THENCE N00'13'19"E 10.00' TO A CORNER OF LOT 2 IN SAID GREAT RIVER SUBDIVISION; THENCE S33'58'13"E 12.D9' ALONG THE LINE OF SAID LOT 2 TO THE PLACE OF BEGINNING.

3

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

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

BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT A; THENCE S74'02'53"W 3.83' ALONG THE SOUTH LINE OF SAID LOT A TO THE PLACE OF BEGINNING; THENCE ALONG THE SOUTH LINE OF SAID LOT A 77.24' ON THE ARC OF A 224.28' RADIUS CURVE CONCAVE NORTHERLY WITH A 76.86' CHORD BEARING S83'54'51"W (SAID CURVE HAVING A CENTRAL ANGLE OF W43'57"); THENCE N86'13'10''W 140.00' ALONG THE SOUTH LINE OF SAID LOT A; THENCE N03'46'50"E 3.00'; THENCE S86'13'10"E 140.00'; THENCE N83'54'51 "E 75.83'; THENCE S15'57'07"E 3.00' TO THE PLACE OF BEGINNING.

4

Exhibit "C" Parking Lot Encroachment on Kirkwood Street

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

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

5

Exhibit "D" Light Post and Sign Encroachments

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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 (100-feet) as stated in the amendment, it was determined that there would be minimal impact on nearby properties from a sign that was greater than 6-feet that does not exceed 12-feet in height.

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

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

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

( 1 00) square feet of signage. A maximum of fifty (50) square feet may be used for an (illuminated} freestanding sign and the remaining signage shall be used in conjunction with and or attached to the principle building. The height of any freestanding sign is not to exceed six (6} feet when located within one hundred (100) feet of an adjoining lot or any other lot in which the sign faces that is used and/or zoned for residential purposes and shall not exceed twelve (12) feet in height when located further than 100-feet from adjoining lots used and/or zoned for residential purposes. and shall net be •NitAin fifty (5Q) feet of an adjoiRiR!! lot ~o~sed and.'or zoned for residential ploiFJlOSes.

SECnON 4: SAVINGS CLAUSE. If any section, provision, sentence, clause, phrase, or part of this Ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any provision, section, subsection, sentence, clause, phrase, or part hereof not adjudged invalid or unconstitutional.

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

Approved and adopted this __ day of _______ , 2014.

Shane A McCampbell - Mayor

ATTEST:

Kathleen P. Salisbury, MMC- City Clerk

I certify that the foregoing was published as

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



AYES: __________________________ _

NAYS: _________________________ ___


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

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

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

ORDINANCE NO. __ _

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

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

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

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

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

Section 4: SAVINGS CLAUSE: If any section, provision, sentence, clause, phrase or part of this Ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any provision, section, subsection, sentence, clause, phrase or part hereof not adjudged invalid or unconstitutional.

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

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

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

Shane McCampbell - Mayor

ATTEST:


I certify that the foregoing was published as

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


80

I I I I

EXHIBIT "B"

LEGAL DISCRIPTION

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

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


AYES: _________________________ ___

NAYS: _________________________ ___


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

ORDINANCE NO. __ _

AN ORDINANCE AMENDING V ARlO US SECTIONS OF CHAPTER 162, FIRE PREVENTION CODE

OF THE CITY OF BURLINGTON MUNICIPAL CODE

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BURLINGTON, lOW A:

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

Section 2: SAVINGS CLAUSE: If any section, provision, sentence, clause, phrase or part of this Ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity ofthe Ordinance as a whole or any provision, section, subsection, sentence, clause, phrase, or part hereof not adjudged invalid or unconstitutional.

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

Approved and adopted this __ day of ____ , 2014.

Shane A. McCampbell, Mayor

ATTEST:


I certify that the forgoing was published as:

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


Exhibit "A"

CHAPTER 162

FIRE PREVENTION CODE

162.01 Adoption of International Fire Code 162.02 Amendments to Code

162.04 Authority to Require Permits 162.05 Penally

162.03 Fire limits

162.01 ADOP110N OF INTERNATIONAL FIRE CODE. There is adopted for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion the 2012 Edition of the lntemationa/ Fire Code and Appendices B, C, D, E, F, G, H, I, and J of said Code, published by the International Code Council, Inc., to provide a coordinated set of regulations under which there may be promoted uniform construction and maintenance of such regulations by governmental agencies. This code is adopted as the official Fire Prevention Code of the City and by this reference is adopted as fully as if set out at length in this chapter. Wherever the word "Municipality" is used in the Fire Prevention Code adopted in this chapter, it is held to mean the City of Burlington. Wherever the word "Code OffiCial" is used it is held to mean the Fire Chief or his Designee. The official copy of the Fire Prevention Code, as adopted in this chapter, including a certificate by the Clerk as to its adoption and the effective date, is on file at the office of the Clerk. Copies of such Code are available at the office of the Clerk for public inspection.

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

1. Section 1 04.12 (New section) The code official is authorized to order an operation or use stopped, or the evacuation of any premises, building, or vehicle, or portion thereof, which has or is a fire, life safety or heaHh hazard .

. 2. Section 105 (PERMITS) is repealed and there is adopted in lieu thereof the following:

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

Open Burning Spray or Dipping Operations

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

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

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

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

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

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

Section 307 Open Burning:

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

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

Exceptions. Exceptions shall include only the following:

Exception 1: Religious and Ceremonial Fires.

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

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

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

Exception 2: Outdoor Cooking Fires.

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

Exception 3: Training Fires.

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

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

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

Exception 4: Disaster Rubbish.

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

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

Exception 5: Leaves.

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

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

A permit is not required for leaf burning.

Exception 6: Landscape Waste.

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

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

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

Exception 7: Recreational Fires ______________________________________ i =:(';.~,~ cuwm

No permit shall b~ required for recreation.!)! fires, _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _____ ~,--

·- ------------------------------ --------------------------~ ' Recreational fires shall be limited to manufactured fire pit_ aQJ!Ji_ances. ~ ',

above or below around fire pits. protected by metal. stone. or concrete. ', ------- ...... ' ' ' ' ' '

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All openings shall be covered by a protective mesh screen with a maximum grid size of Y, inch_

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

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

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

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

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,. ____________________ ------ __ ---- ___________________________________ i ~~~:9i~ci,;) Custom

Rules Governing Open Burning Permitted in Accordance With the Aforementioned Exceptions.

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

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

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

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

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

4. Discontinuance. +Re-l'ire GhiefAny Burlington firefighter or police officer is authorized to require that open fires be immediately discontinued if detenmined that smoke emissions are offensive to occupants of surrounding property,-ef if the open burning is determined to constitute a hazardous condition. or the open burning is determined to be in violation of this section,

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

7. Section 2306.2.3

The following exceptions shall be added:

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

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

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

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

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

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

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

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

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

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

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

Meeting No. l {p Paper No. 5: August 18, 2014- Continued to September 2, 2014 City Council Meeting (VOTE: 3 - "A YES" Scott, Shockley & Anderson- CARRIED 2 - Absent - McCampbell & Fleming)

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

NAYS: ____________________________ __

Introduced By:

JW;t MOTION CARRIED

For final adoption of an Ordinance: AN ORDINANCE AMENDING SECTION 31.01 CREATION; COMPOSITION OF CHAPTER 31 RIVERFRONT ADVISORY COMMITTEE OF THE BURLINGTON MUNICIPAL CODE.

ORDINANCE NO. __ _

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

BURLINGTON MUNICIPAL CODE

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

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

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

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

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

ATTEST:



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


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

RESOLUTION NO. __ _

Meeting No. Paper No.

Introduced By: ________ AYES: ----------------

Seconded By: NAYS:----------------

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

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

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

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

APPROVED and ADOPTED this __ day of-----' 2014.

Shane A. McCampbell- Mayor ATTEST:


RESOLUTION NO. ___ _

Meeting No. PaperNo.

Introduced By: ________ _ AYES: _________ ___

Seconded By: ________ _ NAYS: _____________ ___

A RESOLUTION TO ESTABLISH FIRE DEPARTMENT RESPONSE FEES

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

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

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

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

ATTEST:



EXHIBIT "A"

Burlington Fire Department Service Fees

A. Motor Vehicle Fire

B. Motor Vehicle Accidents

C. Grass/Brush Fire

Explanations-

$250 (Burlington Resident-$150)

$250 (Burlington Resident-$150)

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

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

Department extinguished a fire.

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

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

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

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

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

hour.

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

RESOLUTION NO. __ _

Meeting No. Paper No. ___ _

Introduced by:----------

Seconded by:----------

Ayes: __________ _

Nays:------------

RESOLUTION AWARDING CONTRACT FOR CDBG DOWNTOWN FACADE IMPROVEMENT PROJECT

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

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

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

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

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

APPROVED and ADOPTED this ____ day of ____ , 2014.

Shane A. McCampbell - Mayor

ATTEST:


KLINGNER ____________ _ & A S S 0 C I A T E S, P. C.

610 North 4th St., Suite 100 • Burlington, lA 52601 • voice 319.752.3603 • fax 319.752.3605 Engineers • Architects • Surveyors

August 28, 2014

Mayor Shane Me Campbell and Members of Burlington City Council Burlington City Hall 400 Washington Street Burlington, Iowa 52601

RE: Recommendation to accept a Bid Proposal for the Burlington CDBG Downtown Revitalization Favade Master Plan Project

Project No.: Agency No.:

00924-308/12-2240 10-DTR-007

Dear Mayor and Members of Council:

I am pleased to present my recommendation that the City of Burlington accept the base bid proposal of $978,529 by Schickedanz Construction of Fort Madison, Iowa for the improvements outlined in the plans and specifications prepared by Klingner and Associates, P. C., of Burlington, Iowa and further designated as:

CDBG DOWNTOWN REVITALIZATION FACADE MASTER PLAN

We believe the bid to be an accurate and reasonable amount of compensation for the work involved. Furthermore, we believe Schickedanz Construction has the experience and ability to complete the Project in the manner required by the construction documents, having recently successfully completed a similar project in Fort Madison.

Mark Fisher

Klingner and Associates, P. C. P:\00924-CITY OF BURLINGTON\308-122240 FACADE GRANT REHAB\10 BID DOCS\BID RECOMMENDATION- DRAFT.DOCX

www, klingner. com Quincy, IL • Hannibal, MO • Burlington, lA • Galesburg, IL


AYES: ____________________________ _

NAYS: __________________________ _


That this meeting be adjourned.


AYES: __________________________ _

NAYS: __________________________ ___


That the minutes of the City Council Meeting dated August 18, Meeting No. 16 and City Council Work Session dated August 25,2014, having previously been submitted to the members of the City Council, be received and filed in the office of the City Clerk.

Becky Anderson, Mayor Pro-Tern

Robert Fleming, Council Member

Shane A. McCampbell, Mayor

Becky Shockley, Council Member

Tim Scott, Council Member


AYES: ___________________________ _

NAYS: __________________________ ___


CITY CLAIMS: $477,648.29

PAYROLL: $605,194.700

That the above bills be allowed and the Finance Director/Treasurer be instructed to draw the necessary checks in the payment thereof.


Meeting No. PaperNo. Seconded By: ___________ _

AYES: ___________ ___

NAYS: ___________ ___

Introduced By:

A RESOLUTION APPROVING LIQUOR, BEER AND BEER/WINE LICENSES

RESOLVED: Upon recommendation of the Police and Fire Departments, this Council recommends issuance of the following licenses:

Summer Street Station, Inc. dba/Summer Street Station, Inc. 1000 Summer Street Class "C" Liquor (Renewal)

OUTDOOR SERVICE LICENSES:

Burlington Notre Dame, Inc. dba/Burlington Notre Dame High School 702 S. Roosevelt Avenue Class "B" Beer (Includes Wine Coolers) Event: October 4, 2014 (Oktoberfest) Pending Dramshop

The Buffalo, Inc. dba/The Buffalo 2016 South Main Street Class "C" Liquor & Sunday Sales Event: September 13, 2014 (BBQ Cook Off)

The Buffalo, Inc. dba/The Buffalo 2016 South Main Street Class "C" Liquor & Sunday Sales Event: September 27,2014 (Young Professionals BBQ Cook Off)

as provided by the State Code of Iowa, and the rules and regulations of the Alcoholic Beverages Division.


ATTEST:




AYES: __________________________ ___

NAYS: __________________________ _ Introduced By:

MOTION CARRIED

That the following be received and filed in the office of the City Clerk:

REPORTS

Minutes of the Board of Trustees for the Burlington Public Library Meeting for July 16, 2014

Minutes of the City Safety Committee Meeting for August 21, 2013; October 16, 2013; June 18, 2014

Minutes of the Civil Service Commission Meeting for June 5, 2014

Minutes of the Economic Development Advisory Board Meeting for June 25, 2013

Minutes of the Human Rights Commission Meeting for AprilS, 2013; May 13, 2013; July 8, 2013; October 14, 2013; December 9, 2013; May 20, 2014; July 15,2014

Minutes of the Renewable Energy Committee Meeting for July 22, 2014

CertifYing July 1, 2014 Seniority List - Civil Service Commission -

Revise and Establish Civil Service Procedures for the Promotional Process in the Fire Dept - Civil Service Commission -

BONDS

Schwind Inc. dba/ Schwind Contracting 1700 Mt. Pleasant Street West Burlington, IA 52655 $5,000.00 Bond Bond No. 2020750 Effective 08/08/2014 to 08/08/2015 Cancellation Notice Effective 09/15/2014

Chuck Swanner dba/Swanner Excavating $5,000.00 Bond Bond No. 43037426 Effective 06/16/2014 to 06/16/2015

Executive Transportation, LLC 70 I Park Place West Burlington, IA 52655 Notice of Cancellation Effective 08/09/2014

OMG Midwest, Inc. dba/Cessford Construction, Inc. PO Box 160 2320 Zeller Avenue LeGrand, IA 50142 General Liability Insurance - Expires 09/01/2015 Automobile Liability Insurance- Expires 09/01/2015 Workers Compensation Insurance- Expires 09/01/2015

Pro-Paving, LLC $5,000.00 Bond Bond No. 7900417903 Effective 08/20/2014 to 08/19/2015

J.L. Scott PO Box 913 Burlington, IA 52601 $5,000.00 Bond Bond No. RLI0533294 Effective 07/12/2014 to 07/12/2015

Justin Myers Construction $5,000.00 Bond Bond No. IA 596188 Effective 09/20/2014 to 09/20/2015

Mike Nelson Concrete Paving Company 6531 Hunt Road Burlington, IA 52601 General Liability Insurance- 07/01/2014 to 07/01/2015 Automobile Liability Insurance- 07/0112014 to 07/01/2015 Workers Compensation Insurance- 07/01/2014 to 07/01/2015 City of Burlington is Listed as Additional Insured

Burlington Steamboat Days, Inc. PO Box 271 Burlington, IA 52601 Policy No. NSJ0948676 Insurance Effective 09/01/2014 to 09/01/2015


Meeting No. ____ _ Paper No. ___ _

Introduced By:---------- AYES: ______________________ _

Seconded By:----------NAYS: ________________________ _

A RESOLUTION APPROVING NUISANCE ABATEMENTS FOR VARIOUS PROPERTIES

Abate Parcel Property Owner Abate Description Payment To Amount No. No. Location & Legal Date

C-1647 16-17-228-044 715 SHOQUOQUON BLUE MOON HOLDINGS LC 7/20/2014 MOWING CASTON CONSTRUCTION $115.00 SHOQUOQUON PL 1503 BRADY ST ADMINISTRATIVE FEE $200.00

BLOCK 4LOTS 3545 DAVENPORT, lA 52803 DOCUMENT FILING FEE $5.00 $320.00

C-1648 16-04-357-008 304 SOUTH ST THE GREAT PLAINS COMPANY 7/20/2014 MOWING CASTON CONSTRUCTION $40.00 BURLINGTON 126 LELAND AVE ADMINISTRATIVE FEE $200.00

ORIGINAL CITY LOT WATERLOO, lA 50701 DOCUMENT FILING FEE $5.00 310 $245.00

C-1649 16-05-331..026 527 SUMMER ST ERIC & GABRIELLE SMITH 7/20/2014 MOWING CASTON CONSTRUCTION $75.00 FRICKS SUB LOT 1 1614 7TH AVE N ADMINISTRATIVE FEE $200.00 816' W155' E165' GREAT FALLS, MT 59401 DOCUMENT FILING FEE $5.00

N24' W155' E165' L2 $280.00

C-1650 16-0S..309-019 637 S GUNNISON FRANK & MICHELLE CAREY 7/20/2014 MOWING CASTON CONSTRUCTION $55.00 BURLINGTON 313 S MARSHALL ST ADMINISTRATIVE FEE $200.00

TOPPING PLLOT 27 BURLINGTON, lA 52601 DOCUMENT FILING FEE $5.00 $260.00

C~1651 16-08~201-001 10138 13TH ST HF4 7120/2014 MOWING CASTON CONSTRUCTION $50.00 BARRETSADD PO BOX 12131 ADMINISTRATIVE FEE $200.00

BLOCK 39LOT 13 DES MOINES, lA 50312 DOCUMENT FILING FEE $5.00 $255.00

C~1652 16-05-334-004 6148 12TH ST IOWA PROPERTY REVE!VER LLC 7/2012014 MOWING CASTON CONSTRUCTION $55.00 BARRETSADD 1715 SOUTH GAVE ADMINISTRATIVE FEE $200.00

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

C·1653 16-05-258-013 239 S 7TH ST HF1 7/20/2014 MOWING CASTON CONSTRUCTION $75.00 BARRETS SUB PO BOX 12131 ADMINISTRATIVE FEE $200.00

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

C-1654 16-05-485-002 517PINE WILLIAM & JANE WARD 7120/2014 MOWING CASTON CONSTRUCTION $90.00 ORIGINAL CITY LOT 115 N GUNNISON ADMINISTRATIVE FEE $200.00

770 E 1/2 N 84'2" BURLINGTON, lA 52601 DOCUMENT FILING FEE $5.00 $295.00

C-1656 16-05-480-006 9038 5TH ST JOANNE WALTER 7/20!2014 MOWING CASTON CONSTRUCTION $50.00 ORIGINAL CITY LOT 636A 903 S 5TH ST ADMINISTRATIVE FEE $200.00

S20' & N20' LOT BURLINGTON, lA 52601 DOCUMENT FILING FEE $5.00 6368 $255.00

C-1657 16-05-402-024 531 S 9TH ST RICKEY WARREN 7!2012014 MOWING CASTON CONSTRUCTION $50.00 BARRETS SUB BLOCK 531 S9THST ADMINISTRATIVE FEE $200.00 953LOT6 & 81/2 LOT? BURLINGTON, lA 52601 DOCUMENT FILING FEE $5.00

$255.00

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

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

C·1659 16-05278-016 2078 5TH ST EDWARD HILL 7/20/2014 MOWING CASTON CONSTRUCTION $45.00 BURLINGTON 1415 CLEVELAND ADMINISTRATIVE FEE $200.00

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

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

1 PT SEC5&6LOT1 FT MADISON, lA 52627 DOCUMENT FlUNG FEE $5.00 W24' E 132' N50' $250.00

C-1662 16-05-258-002 238SSTHST JUANITA BROWN 7/2212014 MOWING CASTON CONSTRUCTION $50.00 BARRETSSUB 3421 AVENUE N APT 107 ADMINISTRATIVE FEE $200.00

BLOCK FT MADISON, !A 52627 DOCUMENT FlUNG FEE $5.00 $255.00

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

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

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

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

C-1665 11-32-284-002 609 NORTH ST ASHTON SCHARDT 7/31/2014 MOWING CASTON CONSTRUCTION $60.00 BURLINGTON 609 112 NORTH ST ADMINISTRATIVE FEE $200.00

ORIGINAL CITY BURLINGTON, lA 52601 DOCUMENT FlUNG FEE $5.00 LOT 840 E 45 $265.00

Cw1666 16-05-252-017 227$ 9TH ST WANDA VIERRA 7/22/2014 MOWING CASTON CONSTRUCTION $55.00 BARRETS SUB 1309 MARKET ST ADMINISTRATIVE FEE $200.00

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

C~1667 11-32~276-005 811 SYCAMORE DEWITI FAMILY TRUST 712212014 MOWING CASTON CONSTRUCTION $60.00 BURLINGTON 7513 MONTE BRAZIL DR ADMIN!STRA TIVE FEE $200.00

NORTHERN ADD LOT SACRAMENTO, CA 95831 DOCUMENT FILING FEE $5.00 63W40' $265.00

C-1668 11-32-276-007 1333 N 8TH ST RALPH & DARLA MEYER 712212014 MOWING CASTON CONSTRUCTION $70.00 NORTHERN ADD LOT 2217 S CENTRAL ADMINISTRATIVE FEE $200.00 63 FR PT NE COR66.8' BURLINGTON, lA 52601 DOCUMENT FILING FEE $5.00 X63' ONE X 58'9.5" W $275.00

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

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

Cw1670 16-05-156-008 1720AMELIA DEUTSCHE BANK NA T!ONAL TRUST 7/2212014 MOWING CASTON CONSTRUCTION $55.00 SMITHS ADD LOT302 7105 CORPORATE DR MAIL STOP C ADMINISTRATIVE FEE $200.00

W1/2 & LOT303 PLANO, TX 75024 DOCUMENT FlUNG FEE $5.00 W1/2S8" $260.00

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

39S EXC N 10' BURLINGTON, lA 52601 DOCUMENT FILING FEE $5.00 $160.00

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

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

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

12 LOT3 S60' W2J3 DES MOINES, lA 50312 DOCUMENT FlUNG FEE $5.00 $245.00

M-1638 11-32-332-024 1101 PLANK HENRY & KATIE HE!TKAMPER HENRY'S SUB OF LOT 524 S 10TH ST 1 EXCNWCOR&SE BURLINGTON, !A 52601

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

HENRY'S SUB OF LOT 524 S 10TH ST 12LOT1NWCOR&E BURLINGTON, lA 52601 PT19'2" ON N X23'7"

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

12LOT2WPT37'5" BURLINGTON, lA 52601 ONNX2U5'S

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

ADDLOT81 BURLINGTON, lA 52601

M-1642 16-05-210-006 109S 7TH ST GLENDA SUE BORN ORIGINAL CITY 109 S 7TH ST LOT 9228 S56'3" BURLINGTON, lA 52601

M-1643 16-05-210-009 117S 7THST LOUIS SUTHERLAND TRUSTEE ORIGINAL CITY LOT PO BOX 182

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

M-1644 16-05-202-012 816VALLEY KELLY HULL LOT979 E120 5/100 1829 E JACKSON ST

OF S1/2 & S MID PT LONG BEACH, CA 90805 N1/2 & LOTS 943G,H,I,K

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

LOTS BURLINGTON, lA 52601

M-1646 11-32453-015 617N 10TH ST KATHY SHOEMAKER STARR & HENN SUB 617 N 10TH ST

LOT4 BURLINGTON, lA 52601

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

LOT233 BURLINGTON, lA 52601

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

5W20'LOT6&7 BURLINTON, !A 52601 E40'

M-1649 11-29-407-017 2019CONNER BENJAMIN & LYNDSEY BROZENE GILBERTWO 1001 OAK ST ADDLOT70 BURLINGTON, lA 52601

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

LOT 176 AURORA, IL 60506

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

ATTEST:


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

712412014 MOWING STEW'S LAWN SERVICE $80.00 ADMINISTRATIVE FEE $200.00




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




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




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


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

Shane A McCampbell Mayor

ADMINISTRATIVE FEE DOCUMENT FILING FEE

$100.00 $5.00

$4,105.00

Meeting No.

Introduced By:

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


PaperNo. Seconded By: ___________ _

AYES: ____________ _

NAYS: ____________ _

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

TO PROVIDE MUTUAL AID FOR SIGNIFICANT EMERGENCIES

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

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

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

ATTEST:



· Exh\b\t "A". AGREEMENT BETWEEN THE CITY OF BURLINGTON, lOW A,

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

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

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

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

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

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

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

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

NOW, THEREFORE, the Paliies mutually agree to provide fire and/or emergency assistance, as may be required, on a reciprocal basis, pursuant to the following terms and conditions, all in accordance with the provisions of Chapter 28E of the Code ofiowa (20 13 ):

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

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

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

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

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

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

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

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

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

10. Persom1el of either Party acting in accordance with and pursuant to the terms and conditions of this Agreement shall at all times be considered to be acting under the lawful

2

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

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

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

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

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

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

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

3

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

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

executed written addendum to this Agreement.

19. This Agreement shall have an initial term of five (5) years, beginning on the date this Agreement is approved by both Parties' respective representatives. Thereafter, the Agreement shall continue in full force and effect in perpetuity unless and until written notice is provided by either Party to the other of that Party's intent to withdraw from the Agreement. Upon said written notice, the Agreement shall terminate no sooner than sixty (60) days thereafter, unless negotiated otherwise by the Parties.

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

21. By their signatures below, the undersigned declare and certify that they have been duly authorized to approve this Agreement on behalf of their respective Party.

CITY OF BURLINGTON, IOWA

By: ~~----=-~------Jim Femeau, City Manager

::~&;UN~A Steven Brimhall, Mayor

4

Attest:

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

Attest:

By:~d2~ Florence Olomon, City Clerk


Meeting No. PaperNo. Seconded

AYES:-----------------------

Introduced By: __________ _ NAYS: ___________ __

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

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

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

3'd and Jefferson Streets 4th and Jefferson Streets 51h and Jefferson Streets

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

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

APPROVED and ADOPTED this 2nd

ATTEST:


day of ___ _JS,e~p""te""m"'b""e"--r _ 2014.


City of

Burlington A Great Place to Live, Work and Play

Public Works Director To: City Manager, Mayor and Council From: Steve Hoambrecker Date: August 21, 2014 RE: 3rd, 4111 and 5111 & Jefferson St., remove traffic signals, install stop signs

Council Meeting: September 2, 2014 Memo Date Revised: August 26, 2014

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

Discussion - Budget Concerns One of the potential outstanding issues is the type of stop sign posts to install. Staff met with Steve Frevert, Downtown Partners to discuss various types of sign posts to be installed. It was agreed that if financially possible, something other than the typical galvanized sign post should be installed in the historic downtown area. Mr. Frevert thought that Downtown Partners could possibly contribute up to $500 toward the difference.

In June during the discussion, only a typical sign post, painted black compared to a more stylish fluted base with finial cap were considered. An alternated post considered would be a solid square post power coated black, powder coated black typical base and black decorative metal finial ball.

As part of the consideration there would be some energy and maintenance armual savings by not having the traffic signals at each of those 3 intersections. That annual cost is estimated at $3,600. Conversely there will be a cost to remove the wiring and traffic lights also repairing the pavement area the post are sitting. That one time cost was estimated at $7,500.

As illustrated by the following table, the expense to install the square powder coated post assembly for the 3 intersection is only an increase of $780 and the estimated payback increases only slightly from 3 years to 3.2 years. The decorative post cost difference is $7,500 greater with a payback of 5.1 years. Staff

Cost Calculations for Removing Existing Traffic Lights and Installing Stop Signs with Different Style of Posts

at 3rd, 4th and 5th and Jefferson Streets

Projected Annual Savings for 3 Intersections Electrical $2,100 Maintenance $1,500

TOTAL $3,600

Removal of Existing Traffic Lights

Estimated $2,500 per Intersection $7,500

Projected Annual Costs-Payback for 3 Intersections Type of Post Cost Payback (Yrs) Typical $3,300 3.0 Powder Coated Square $4,080 3.2 Decorative Post $10,800 5.1

Recommendation It is recommended that the city council approve the "Resolution approving the removal of traffic signals installing stop signs at the intersections of 3'd 4th and 5th and Jefferson" with the intent that staff will purchase and install the powder coated square posts with metal finial ball.

Staff will also work with Downtown Partners to contribute up to the estimated $780 difference to install the square powder coated posts.


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

AYES: ____________ __

NAYS: ___________ ___ Introduced By:

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

AT 906 MAPLE STREET, BURLINGTON, IOWA

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

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

APPROVED and ADOPTED this znd day of September, 2014.

ATTEST:





AYES: ____________ _

NAYS: ______________________ ___

Introduced By:

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

OF THE CODE OF ORDINANCES OF THE CITY OF BURLINGTON, lOW A, AND DIRECTED NOTICE THEREOF

RESOLVED: That a Public Hearing will be held on September 15, 2014 at 5:30p.m. in the Council Chambers, City Hall, to consider a proposed ordinance: AN ORDINANCE AMENDING CHAPTER 56.0l(l)(A), 56.01(2) AND 56.01(5) CURFEW OF THE CODE OF ORDINANCES OF THE CITY OF BURLINGTON, IOWA.

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


ATTEST:





AYES:------------

NAYS: ___________ ___ Introduced By:

A RESOLUTION SETTING DATE FOR HEARING ON A PROPOSED ORDINANCE REPEALING CHAPTER 131 CLOSING OUT SALES

OF THE BURLINGTON MUNICIPAL CODE, AND DIRECTED NOTICE THEREOF

RESOLVED: That a Public Hearing will be held on September 15,2014 at 5:30p.m. in the Council Chambers, City Hall, to consider a proposed ordinance: AN ORDINANCE REPEALING CHAPTER 131 CLOSING OUT SALES OF THE BURLINGTON MUNICIPAL CODE.

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


ATTEST:



09/02/2014 - council meeting packet

Government & Nonprofit