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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