10 13 08 City Council Proceedings Official
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
OFFICIAL
The Dubuque City Council met in special session at 5 p.m. on October 13, 2008, in
Conference Room B at City Hall.
Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, Voetberg,
Assistant City Manager Steinhauser, City Attorney Lindahl
Absent: City Manager Van Milligen
Mayor Buol read the call and stated this was a special session of the Dubuque City Council
called for the purpose of considering approval of emergency repairs to two retaining walls.
St. Mary’s Street Retaining Wall and Roadway Repairs: City Manager recommending
approval of emergency repairs to the retaining wall and roadway along St. Mary’s Street.
Motion by Connors to receive and file the documents and adopt Resolution No. 358-08
Authorizing emergency repairs to the retaining wall along St. Mary’s Street and roadway
pavement. Seconded by Braig. Motion carried 7-0.
RESOLUTION NO. 358-08
RESOLUTION AUTHORIZING EMERGENCY REPAIRS TO THE RETAINING WALL ALONG
ST. MARY’S STREET AND THE ST. MARY’S STREET ROADWAY PAVEMENT
Whereas, a retaining wall along St. Mary’s Street is failing and threatening a private
residence; and
Whereas, Iowa Code § 384.103 provides that when emergency repair of a public
improvement is necessary and the delay of advertising and a public letting might cause
serious loss or injury to the city, the governing body shall, by resolution, make a finding of the
necessity to institute emergency proceedings and shall procure a certificate from a competent
registered professional engineer or architect, not in the regular employ of the city, certifying
that emergency repairs are necessary, and that in that event the governing body may contract
for emergency repairs without holding a public hearing and advertising for bids; and
Whereas, Iowa Code § 364.12(3)(c) provides that a city may require the removal, repair, or
dismantling of a dangerous structure and if the property owner does not perform the action, in
an emergency a city may perform the action and assess the costs to the property owner.
Whereas, the City Council finds that the condition of the retaining wall is a dangerous
structure and constitutes an emergency and that an emergency repair of the retaining wall and
adjoining public street supported by the retaining wall is necessary and the delay of
advertising and a public letting might cause serious loss or injury to the city; and
Whereas, the City has procured a certificate from a competent professional engineer
registered in the State of Iowa, not in the regular employ of the City, certifying that emergency
repairs to the retaining wall and street are necessary.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council finds that it is necessary to institute emergency proceedings to
repair the retaining wall along St. Mary’s Street and the adjoining St. Mary’s Street roadway
pavement.
Section 2. The City Manager is hereby authorized to proceed with instituting such
emergency repairs as provided by law.
th
Passed, adopted and approved this 13 day of October, 2008.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
911 High Bluff Retaining Wall Repair: City Manager recommending approval of emergency
repairs to the private retaining wall at 911 High Bluff and the street pavement of Thomas
Place. Motion by Voetberg to receive and file the documents and adopt Resolution No. 359-08
Authorizing emergency repairs to the retaining wall behind 911 High Bluff and the Thomas
Place Street pavement. Seconded by Jones. Motion carried 7-0.
RESOLUTION NO. 359-08
RESOLUTION AUTHORIZING EMERGENCY REPAIRS TO THE RETAINING WALL BEHIND
911 HIGH BLUFF AND THE THOMAS PLACE STREET PAVEMENT
Whereas, a private retaining wall behind 911 High Bluff is failing and the pavement on
Thomas Place has collapsed as the result of the failing private retaining wall; and
Whereas, Iowa Code § 384.103 provides that when emergency repair of a public
improvement is necessary and the delay of advertising and a public letting might cause
serious loss or injury to the city, the governing body shall, by resolution, make a finding of the
necessity to institute emergency proceedings and shall procure a certificate from a competent
registered professional engineer or architect, not in the regular employ of the city, certifying
that emergency repairs are necessary, and that in that event the governing body may contract
for emergency repairs without holding a public hearing and advertising for bids; and
Whereas, Iowa Code § 364.12(3)(c) provides that a city may require the removal, repair, or
dismantling of a dangerous structure and if the property owner does not perform the action, in
an emergency a city may perform the action and assess the costs to the property owner.
Whereas, the City Council finds that the condition of the retaining wall is a dangerous
structure and constitutes an emergency and that an emergency repair of the retaining wall and
adjoining public street supported by the retaining wall is necessary and the delay of
advertising and a public letting might cause serious loss or injury to the city; and
Whereas, the City has procured a certificate from a competent professional engineer
registered in the State of Iowa, not in the regular employ of the City, certifying that emergency
repairs to the retaining wall and street are necessary.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council finds that it is necessary to institute emergency proceedings to
repair the retaining wall behind 911 High Bluff and the Thomas Place street pavement.
Section 2. The City Manager is hereby authorized to proceed with instituting such
emergency repairs as provided by law.
th
Passed, adopted and approved this 13 day of October, 2008.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
There being no further business, upon motion the meeting adjourned at 5:05 p.m.
/s/Jeanne F. Schneider, CMC
City Clerk