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Council Proceedings June 2002 Special Session, June 3, 2002 217 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS Council met for dinner at 5:00 P.M. in the Approved:__________________________2002 Library Rotunda City Council, Special Session, June 3, 2002 Adopted:___________________________2002 Council met in Special Session at 5:37 P.M. in the Library Auditorium Present: Mayor Duggan, Council Members ______________________________________ Buol, Cline, Connors, Markham, Michalski, Mayor Nicholson, City Manager Michael Van Milligen, Corporation Counsel Barry Lindahl. ______________________________________ Mayor Duggan read the call and stated this is ______________________________________ a special session of the City Council called for the purpose of discussing the Stormwater Utility ______________________________________ Fund. ______________________________________ A presentation was given by Dan Lau and Steve Sedgwick of CDM. Tony Zelinskas of ______________________________________ WHKS was also present. ______________________________________ At 6:28 P.M. there being no further business, Council Members Buol moved to adjourn. Seconded by Markham. Motion carried 7-0. The special session Attest: adjourned at 6:28 P.M. ______________________________________ /s/ Jeanne F. Schneider, CMC City Clerk City Clerk 1t 6/12 218 Regular Session, June 3, 2002 DUBUQUE presented and read. Buol moved that the communication be received and filed and CITY COUNCIL concurred. Seconded by Cline. Motion carried OFFICIAL 7-0. PROCEEDINGS Corporation Counsel recommending that the City Council, Regular Session, June 3, 2002 claim of John Kivlahan for property damage be Council met in Regular Session at 6:30 P.M. in denied, presented and read. Buol moved that the Library Auditorium the communication be received and filed and Present: Mayor Duggan, Council Members concurred. Seconded by Cline. Motion carried Buol, Cline, Connors, Markham, Michalski, 7-0. Nicholson, City Manager Michael Van Milligen, Corporation Counsel Barry Lindahl. Residential Parking Permit District Petition: Petition containing 28 signatures requesting that Mayor Duggan read the call and stated this is a residential parking permit district be the regular session of the City Council called for established to include all of Green Street from the purpose of acting upon such business which Asbury to Algona and Avoca Street from Green may properly come before the City Council. to Cherry Street, presented and read. Buol moved that the communication be received and Invocation was given by Reverend David filed and referred to the City Manager. Pacholke, Chaplain, The Finley Hospital. Seconded by Cline. Motion carried 7-0. Proclamations: Rising Stars Independent Dubuque Racing Association: City Manager League Days (June 8 and 9, 2002) received by recommending approval of a request from the three team members of “The Reds;” Apples for Dubuque Racing Association to amend the 2002 Students Months (June and July, 2002) received DRA capital improvement schedule, presented by Tasha Weitl of St. Mark Community Center. and read. Buol moved that the communication be received and filed and approved recom- CONSENT ITEMS mendation. Seconded by Cline. Motion carried 7-0. Minutes Submitted: City Council of 5/20; Downtown Planning Committee of the Long Grand Opera House: Communication from the Range Planning Advisory Commission of 5/13; Historic Preservation Commission recom- Enterprise Zone Commission of 4/25; Housing mending the nomination of the Grand Opera Trust Fund of 5/10; Long Range Planning House to the National Register of Historic Advisory Commission of 5/15, presented and Places, presented and read. Buol moved that read. Buol moved that the minutes be received the communication be received and filed and and filed. Seconded by Cline. Motion carried 7- approved recommendation. Seconded by Cline. 0. Motion carried 7-0. Notice of Claims/Suits: Dodds River Terminal, Lead Hazard Reduction Grant: City Manager Inc., Molo Oil Company, Mulgrew Oil Company, recommending execution of an application to the D R B E Properties, L.L.C., and Iowa Oil U.S. Department of Housing and Urban Company vs. City of Dubuque, Iowa and the City Development for the continuation of the Lead Council of the City of Dubuque, Iowa; Mary M. Based Paint Hazard Prevention Program, Huseman in undetermined amount for property presented and read. Buol moved that the damage; Gary Newt and Karen Newt, Newt communication be received and filed. Seconded Marine, Inc., Dubuque Barge and Fleeting by Cline. Motion carried 7-0. Service, Inc. d/b/a/ Newt Marine and Dubuque RESOLUTION NO. 276-02 Terminals, Inc. vs. the City of Dubuque, Iowa; RESOLUTION AUTHORIZING THE MAYOR Marissa Schultz in estimated amount of $511.40 TO EXECUTE AN APPLICATION FOR A for vehicle damage; Terrance J. Weidemann and Linda M. Weidemann vs. the City of LEAD-BASED PAINT HAZARD REDUCTION Dubuque, Iowa and the City Council of the City GRANT of Dubuque, Iowa, presented and read. Buol Whereas, the City of Dubuque has operated a moved that the claims and suits be referred to local childhood lead poisoning prevention the Legal Staff for investigation and report. program since 1994; and Seconded by Cline. Motion carried 7-0. Whereas, the City received Round 4 lead hazard removal funding, in the amount of $3.69 Corporation Counsel recommending that the million; and claim of John Noel for property damage be Whereas, the U.S. Department of Housing and forwarded to Horsfield Construction, Inc., Urban Development has made available Regular Session, June 3, 2002 219 additional funds for a Lead Hazard Control public education and community outreach, and Program, including lead-based paint hazard environmental assessments and treatments to control, lead hazard awareness, community impact a variety of household health and safety outreach and environmental assessments and issues; and treatments in 225 units; and Whereas, the City of Dubuque proposes a Whereas, the City of Dubuque proposes a Healthy Homes Initiative program in Census Lead-based Paint Hazard Reduction program in Tracts 1, 2, 5, 6, 7.01 and 7.02 in the City of Census Tracts 1, 2, 5, 6, 7.01 and 7.02 in the Dubuque. The new proposed application is for a City of Dubuque. The proposed application is project to promote cost effective measures to for a continuation of the primary lead-based correct multiple safety and health hazards in paint hazard reduction program, for the home environments. inspection and lead-based paint hazard NOW, THEREFORE, BE IT RESOLVED BY reduction in an additional 225 units. THE CITY COUNCIL OF THE CITY OF NOW, THEREFORE, BE IT RESOLVED BY DUBUQUE, IOWA: THE CITY COUNCIL OF THE CITY OF Section 1: That the Mayor is hereby authorized DUBUQUE, IOWA: and directed to execute an application to the Section 1: That the Mayor is hereby U.S. Department of Housing and Urban authorized and directed to execute an Development for a Healthy Homes Initiative application to the U.S. Department of Housing Demonstration Grant in the amount of and Urban Development for a Lead-based Paint $1,000,000. Hazard Reduction Grant in the amount of Section 2: That the City Manager is hereby $2,430,949. authorized and directed to forward said Section 2: That the City Manager is hereby application and resulting standard executed authorized and directed to forward said contract to the respective agencies in a timely application and resulting standard executed fashion and as required by the U. S. Department contract to the respective agencies in a timely of Housing and Urban Development. rd fashion and as required by the U. S. Department Passed, approved and adopted this 3 day of of Housing and Urban Development. June, 2002. rd Passed, approved and adopted this 3 day of Terrance M. Duggan, Mayor June, 2002. Attest: Jeanne F. Schneider, City Clerk Terrance M. Duggan, Mayor Buol moved adoption of the Resolution. Attest: Jeanne F. Schneider, City Clerk Seconded by Cline. Motion carried 7-0. Buol moved adoption of the Resolution. Seconded by Cline. Motion carried 7-0. Hillcrest Family Services HOPES Project: City Manager recommending approval of the Healthy Homes Grant: City Manager publication of the Combined Notice of No recommending execution of an application to the Significant Impact on the Environment and U.S. Department of Housing and Urban Notice of Intent to Request Release of Funds for Development for a Healthy Homes Initiative the Hillcrest Family Services HOPES Project, Demonstration Grant to promote cost-effective presented and read. Buol moved that the measures to correct multiple safety and health communication be received and filed. Seconded hazards in home environments, presented and by Cline. Motion carried 7-0. read. Buol moved that the communication be RESOLUTION NO. 278-02 received and filed. Seconded by Cline. Motion A RESOLUTION AUTHORIZING PUBLICA- carried 7-0. TION OF A COMBINED NOTICE OF FINDING RESOLUTION NO. 277-02 OF NO SIGNIFICANT IMPACT ON THE RESOLUTION AUTHORIZING THE MAYOR ENVIRONMENT AND NOTICE OF INTENT TO TO EXECUTE AN APPLICATION FOR A REQUEST RELEASE OF FUNDS FOR HEALTHY HOMES INITIATIVE DEMON-HILLCREST FAMILY SERVICES HOPES STRATION GRANTPROJECT. Whereas, the City of Dubuque has operated a Whereas, the City of Dubuque will enter into a local childhood lead poisoning prevention Grant Agreement for the Fiscal Year program since 1994; and commencing July 1, 2002, with the U.S. Whereas, the City received Round 4 lead Department of Housing and Urban hazard removal funding, in the amount of $3.69 Development, providing for Community million; and Development Block Grant (CDBG) funds under Whereas, the U.S. Department of Housing and Title I of the Housing and Community Urban Development has made available Development Act of 1974, as amended; and additional funds for a Healthy Homes Initiative Whereas, the City of Dubuque approved a program, including lead-based paint hazard Community Partnership (cp2) grant on May 20, control, lead hazard awareness, healthy homes 2002 for the Hillcrest Family Services HOPES 220 Regular Session, June 3, 2002 project which is funded with Community action assumed and carried out by the City of Development Block Grant (CDBG) funds; and Dubuque as to environmental issues. Whereas, pursuant to the rules and regulations Section 5. That the Mayor of the City of as promulgated by the U.S. Department of Dubuque is hereby authorized to consent Housing and Urban Development, an personally, in his official capacity and on behalf environmental review has been processed for of the City of Dubuque, to accept the jurisdiction the Hillcrest Family Services HOPES project; of the federal courts if an action is brought to and enforce responsibilities in relation to Whereas, based on said environmental review, environmental review, decision-making and the Housing and Community Development action. Department has determined that said project will Section 6. That the Mayor of the City of have no significant impact on the environment; Dubuque is and he is hereby authorized and and directed to execute a certification pertaining to Whereas, a combined notice of " Finding of No the environmental review procedures. rd Significant Impact on the Environment" and of Passed, approved and adopted this 3 day of "Intent to Request Release of Funds" for said June 2002. projects will be sent by regular mail to various Terrance M. Duggan, Mayor tribal, federal, state and local public agencies; to Attest: Jeanne F. Schneider, City Clerk the appropriate Regional Office of the Buol moved adoption of the Resolution. Environmental Protection Agency, to the HUD Seconded by Cline. Motion carried 7-0. Field Office and to the local news media, individuals and groups known to be interested Penalties for Tobacco Permit Holders: City and believed to be appropriate to receive such a Manager recommending that a hearing be held notice; and on June 17, 2002 to consider assessing the Whereas, any and all comments received as a appropriate civil penalty for underage tobacco result of such notice will be duly considered sales to eleven tobacco permit holders, before proceeding with a Request for Release of presented and read. Buol moved that the Funds and Certification. communication be received and filed and set NOW, THEREFORE, BE IT RESOLVED BY hearing for 6/17/02. Seconded by Cline. Motion THE CITY COUNCIL OF THE CITY OF carried 7-0. DUBUQUE, IOWA: Section 1. That the City Clerk be and is hereby Algona Street Reconstruction Project: City authorized and directed to publish a combined Manager recommending adoption of the final Notice of Finding of No Significant Impact on the schedule of assessments for the Algona Street Environment and Notice of Intent to Request Reconstruction Project, presented and read. Release of Funds for the Hillcrest Family Buol moved that the communication be received Services HOPES project and to make the and filed. Seconded by Cline. Motion carried 7- Environmental Review Record for said projects 0. available for public inspection and comment until RESOLUTION NO. 279-02 5:00 p.m. on June 21, 2002. Such notice shall A RESOLUTION ADOPTING THE FINAL be in the form of Exhibit "A" attached hereto and ASSESSMENT SCHEDULE FOR THE made a part hereof. ALGONA STREET RECONSTRUCTION PRO- Section 2. That the environmental review JECT INCLUDING CERTAIN INFORMATION record for the project shall be placed on file in REQUIRED BY THE CODE OF IOWA, the Housing and Community Development SPECIFICALLY, THE NUMBER OF ANNUAL Department where said record may be INSTALLMENTS INTO WHICH ASSESS- examined and copied by any interested party. MENTS ARE DIVIDED, THE INTEREST OF Section 3. That the Mayor of the City of ALL UNPAID INSTALLMENTS, THE TIME Dubuque is hereby authorized and directed to WHEN THE ASSESSMENTS ARE PAYABLE submit to the U.S. Department of Housing and AND DIRECTING THE CLERK TO CERTIFY Urban Development fifteen (15) days after THE FINAL SCHEDULE AND TO PUBLISH publication of appropriate notice a Request for NOTICE THEREOF Release of Funds to undertake the said project. Section 4. That the Mayor of the City of NOW THEREFORE, BE IT RESOLVED BY Dubuque is hereby authorized to consent to THE CITY COUNCIL OF THE CITY OF assume the status of a responsible federal DUBUQUE, IOWA: official under the National Environmental That after full consideration of the final Protection Act, insofar as the provisions of the schedule of assessments and accompanying said Act apply to the U.S. Department of plat showing the assessments proposed to be Housing and Urban Development made for the construction of the Algona Street responsibilities for review, decision making, and Reconstruction Project under contract with Horsfield Construction, Inc. of Peosta, Iowa, Regular Session, June 3, 2002 221 which final plat and schedule were filed in the such lots by the City Council of the City of th office of the City Clerk on the 29 day of May, Dubuque. 2002, the said schedule of assessments be and OWNER LOT DESCRIPTION AND PARCEL the same is hereby approved and adopted. NO. TOTAL ASSESSMENT DUE That there be, and is hereby assessed and RECHE’S SUBDIVISION levied as a special tax against and upon each of University of Dubuque 34 10-26-137-004 the lots, the respective sums indicated. $2,529.66 Provided, further, that the amounts shown in University of Dubuque 33 10-26-137-004 said final schedule of assessments as University of Dubuque 32 10-26-137-004 deficiencies are found to be proper and levied University of Dubuque 31 10-26-137-004 conditionally against the respective properties RECHE'S SUBDIVISION #2 benefited by the improvements as shown in the University of Dubuque 1-1-1 10-26-136-003 schedule, subject to the provisions of Section $882.07 384.63 of the Code of Iowa. Said assessments University of Dubuque 2-1-1 10-26-136-003 against said lots are hereby declared to be in University of Dubuque 2-1 10-26-136-003 proportion to the special benefits conferred and University of Dubuque 2-1-2 10-26-136-003 not in excess of twenty-five percent of the value University of Dubuque 1-1-2 10-26-136-002 of same. $1,363.86 That the City Clerk be and is hereby directed University of Dubuque 2-2 10-26-136-002 to certify said schedule to the County Treasurer University of Dubuque 1-1-3 10-26-136-002 of Dubuque County, Iowa, and to publish notice University of Dubuque 2-1-3 10-26-136-002 of said certification once each week for two University of Dubuque 2-3 10-26-136-002 consecutive weeks in the manner provided in University of Dubuque 1-1-17 A 10-26-136-001 Section 362.3, the first publication of which shall $458.02 be not more than fifteen days from the date of University of Dubuque 4 10-26-136-001 filing of the final schedule. On or before the date University of Dubuque 1-5 10-26-136-001 of the second publication of the notice, the City University of Dubuque 1-6 10-26-136-001 Clerk shall also mail a copy of said notice to University of Dubuque 7 10-26-136-001 property owners whose property is subject to HANTELMAN'S SUBDIVISION assessment, as provided and directed in Section Broessel, Judith E. 1 10-26-181-007 384.60 of the Code of Iowa. $46.34 That assessments may be paid in full or in part Jaeggi, Wm. J. & Phyllis 2 10-26-181-006 without interest at the office of the County $121.63 Treasurer, at any time within 30 days after the McKillip, Joesph L. & Nancy A. 3 10-26-181- date of the first publication of this notice of the 005 $206.92 filing of the final schedule of assessments with University of Dubuque 4 10-26-181-003 the County Treasurer. After 30 days unpaid $519.11 assessments of $50.00 or more are payable in University of Dubuque 5 10-26-181-002 10 annual installments and will draw annual $984.43 interest at nine (9) percent (commencing on the University of Dubuque 2 - 2 - 1 - 6 10-26- date of acceptance of the work) computed to the 181-002 December 1 next following the due dates of the Marugg, Keith F. Sr. 1-2-1-6 10-26-181-012 respective installments as provided in Section $1,273.06 384.65 of the Code of Iowa. Each installment Lammer, Jana Jane 1-1-6 10-26-181-013 will be delinquent from October 1 following its $1,482.17 due date on July 1 of each year. Property Schellenger, Matthew S. & Jolene F. 2-2-W. 45' owners may elect to pay any annual installments - 7 10-26-181-004 $11.18 semiannually in advance. Marugg, Keith F. Sr. 1-2-W. 45' - 7 10-29- rd Passed, approved and adopted this 3 day of 181-012 June, 2002. Lammer, Jana Jane 1 - W. 45' - 7 10-26-181- Terrance M. Duggan, Mayor 013 Attest: Jeanne F. Schneider, City Clerk Thompson, Steven J. & Pfaff - Thompson, CITY OF DUBUQUE, IOWA Gretchen E. 10' - 7 10-26-181-014 ALGONA STREET $454.18 (St. Joseph Street to Grace Street) Thompson, Steven J. & Pfaff - Thompson, FINAL SCHEDULE OF ASSESSMENTS Gretchen W. 45' - 8 10-26-181-014 The following schedule is hereby determined Cornelius, John & Eloyse E. 10' - 8 10-26- to show each lot proposed to be assessed for 181-015 $229.69 the improvement shown in the title together with Cornelius, John & Eloyse 9 10-26-181-015 the amount proposed to be assessed against Roeth, Jodi L. 10 10-26-181-016 $76.10 each lot and the valuations shown opposite each ANN O'HARE'S SUBDIVISION lot are hereby fixed as the true valuations of University of Dubuque 2 - E. 75.6' - N. 1/2 –10 222 Regular Session, June 3, 2002 10-26-181-001 Deficiency Assess.: 491.62 Galliart, Fred L. & Lillian K. 3 10-26-182-006 $1,618.83 $0.00 $442.19 Marugg, Keith F. Sr. 2 - 2 -2 - S. 1/2 - 10 10-Kelly, Mitch K. a/k/a/ Kevin Mitchell Kelly 4 10- 26-181-012 26-182-007 $0.00 $219.70 Lammer, Jana Jane 1-2-2-S. 1/2 -1 0 10-Michelle A. Grace 5 10-26-182-008 $0.00 26-181-013 $125.43 Collins, Joseph A. & Clara L. W. 62.34' - N. 1/2 - Spielman, Charles J. & Helen A. (und 1/2 Int.) 10 10-26-176-012 $2,196.79 Spielman 6 10-26-182-009 $0.00 $43.44 University of Dubuque N. 1/2 - E. 57.82' - 11 Spielman, Craig E. (und 1/2 Int) 6 10-26-182- 10-26-176-011 $754.90 009 $0.00 $43.44 University of Dubuque N. 1/2 E. 50' - W. Horsfall, Mary L. 7 10-26-182-010 $0.00 80.12' - 11 10-26-176-010 $304.79 $69.11 Reynolds, Melvin & Lavonne N. 134' - N. 168' - Nelson, Stephanie A. N. 1/3 - 17 & 18 10-26- W. 30.12' - W. 80.12' - 11 10-26-176-182-003 $639.32 $1,473.98 009 $144.20 Davis, Michael T. & Laurel M. 1/3 - 17 & 18 10- Reynolds, Melvin & Lavonne N. 134' N. 168' - E. 26-182-004 $632.13 $1,466.79 19.88' - 12 10-26-176-009 Davis, Michael T. & Laurel S. 1/3 - 17 & 18 10- University of Dubuque E. 50' - N. 1/2 - E. 56' - 26-182-005 $0.00 $834.66 W. 118.06' - 12 10-26-176-007 $0.00 Brotzman, Leslie J. & Amy J. 16 10-26-182-015 $122.17 $0.00 $443.59 University of Dubuque W. 6' - N. 1/2 - E. 56' – Schultz, Joe A. 15 10-26-182-016 $657.28 W. 118.06' - 12 10-26-176-007 $887.56 Hoppmann, Harold A & Helen M. N. 1/2 - E. 50' Knabel, Sandra M. Trustee of the Sandra M. - W. 62.06' - 12 10-26-176-006 $0.00 $28.56 Knabel Trust 14 10-26-182-017 $0.00 University of Dubuque 1 -1-1-S.1/2-10 10-26- $128.02 176-025 $0.00 $1,825.22 Johnson, Timmy J. & Carla M. 2 - 13 10-26- University of Dubuque 2 -2 -1 -S. 1/2 - 10 10-182-018 $0.00 $127.43 26-176-025 Johnson, Timmy J. & Carla M. 1 - 13 10-26- University of Dubuque 1 -2 - 1 - S. 1/2 -10 10- 182-018 26-176-024 $0.00 $1,036.34 Johnson, Timmy J. & Carla M. 1 - 12 10-26- University of Dubuque 2 - 1 - 1 - 1 - S. 1/2 -10182-018 10-26-176-024 LoBianco, Joseph S. & Janet 2 - 12 10-26- University of Dubuque S. 1/2 - E. 57.82' - 11 10-182-019 $0.00 $33.55 26-176-023 $0.00 $544.75 BENNETT STREET SUBDIVISION University of Dubuque S. 1/2 - E. 50' - W. 80.12' Noel, Nicholas F. & Gail M. W. 53' - 1 10-26- - 11 10-26-176-022 $0.00 $212.44 177-006 $0.00 $2,015.44 Bell, Mary J. S. 100' - W. 30.12' W. 80.12' – 11 Carter, Mary L. 2 10-26-177-005 $0.00 10-26-176-021 $0.00 $115.04 $788.72 Bell, Mary J. S. 34' - N. 168' - W. 30.13' - W. Kramer, Cheryl Dineen 3 10-26-177-004 $0.00 80.12' - 11 10-26-176-021 $345.73 Bell, Mary J. S. 100' - E. 19.88' - 12 10-26-176- Stewart, Shawn M. & Tessa A. 4 10-26-177-003 021 $0.00 $165.57 Bell, Mary J. S. 34' - N. 168' - E. 19.88' - 12 10- Ellwanger, Lois D. 5 10-26-177-002 $0.00 26-176-021 $102.46 University of Dubuque S. 125' - E. 50' - S. 1/2 - Lehr, Rosemary T. 6 10-26-177-008 $0.00 E. 56' - W. 118.06' - 12 10-26-176-020 $0.00 $95.87 $82.56 Fawver, Lonnie J. 7 10-26-177-009 $0.00 University of Dubuque N. 9' - E. 50' - S. 1/2 - E. $156.59 56' - W. 118.06' -12 10-26-176-008 $0.00 Fawver, Lonnie J. 8 10-26-177-010 $0.00 $6.88 $329.55 University of Dubuque W. 6' - S. 1/2 - E. 56' – Birdsell, Deborah - Att. James V. Sarcone, Jr. W. 118.06' - 12 10-26-176-019 $0.00 $16.05 N. 1/3 - 9 10-26-177-011 Water Service University of Dubuque S. 1/2 - E. 50' - W. 62.06' Assessment: $836.93 $1,748.88 - 12 10-26-176-019 Birdsell, Deborah - Att. James V. Sarcone, Jr. Burton, James F. & Kelly, Mary Kay N. 1/2 - 1N. 1/3 - W.60' - 10 10-26-177-011 10-26-182-001 $659.08 $1,929.94 Smith, Michael S. & Dana J. M. 1/3 - 9 Burton, James F. & Kelly, Mary Kay N. 1/2 - 210-26-177-012 $911.95 10-26-182-001 Smith, Michael S. & Dana J. M. 1/3 - W 60' - 10 DAVIS SUBDIVISION 10-26-177-012 Miller, Brian M. S. 1/2 - 1 10-26-182-002Miller, Harold O. & Veron S. 1/3 – 9 10-26- $0.00 $1,270.86 177-013 Water Service Assessment: $818.96 Miller, Brian M. S. 1/2 - 2 10-26-182-002 $1,730.91 Regular Session, June 3, 2002 223 Miller, Harold O. & Veron S. 1/3 W. 60 ' - 10 McLaughlin, Kenneth W. & Benita J. S. 1/2 - W. 10-26-177-013 25' - 24 10-26-178-014 ANN O'HARE'S SUBDIVISION QUIGLEY'S SUBDIVISION University of Dubuque 1 - 1 - 1 - 1 - 18 Mauss, James J. & Ann M. 2 - 1 - 25 10-26- 10-26-177-001 $80.47 184-001 Water Service Assess.: $603.39 Strang, Brian J. & Cynthia A. 2-1-18 10-26-$1,846.69 177-007 $62.31 Young, Lorraine M. 2 - 1 - 1 -1 - 25 10-26-184- DATISMAN SUBDIVISION 002 Water Service Assess. $585.43 Anderson, Robert D. Jr. & Deborah Kay 1 $1,713.08 10-26-183-004 $1,095.50 Young, Lorraine M. 2 - 2 - 2 -24 10-26-184- Howard, Stephen R. 2 10-26-183-003 002 $1,102.09 Frommelt, Joseph M. & Linda A. 1 - 1- 1- 1 - 25 Meloy, Mary Ann 3 10-26-183-002 10-26-184-003 $1,126.86 $1,109.08 Frommelt, Joseph M. & Linda A. 1 - 2 - 2 - 24 Debra Henricks 4 10-26-183-001 10-26-184-003 $1,116.07 Miller, Joseph F. & Mary E. 1 - 2 - 1 - 1 – 25 Eggers, Anita R. 5 10-26-183-005 10-26-184-004 Water Service Assess. $237.47 $585.43 $1,798.17 Swift, Edward A. 6 10-26-183-006 Archiquette, Mary Ann 2 - 2 -1 - 1 -25 10-26- $109.65 184-005 $1,119.07 Kling, William F. W. 80' – 7 10-26-183-007 Miller, Joseph F. & Mary E 1 - 1 - 2 - 24 10- $74.90 26-184-004 Raford, Joseph & Florence 8 10-26-183-013 Archiquette, Mary Ann 2 -1 -2 - 24 10- $80.89 26-184-005 Mullen, Evelyn 9 10-26-183-012 Kelly, Richard J. Jr. & Traci A. 26 10-26- $114.24 184-009 $1,238.70 Ernsdorff, Michael T. & Sandra J. 10 10-26- Steines, Timothy P. & Lynn M. 27 10-26- 183-011 $254.65 184-010 $400.25 MICHEL'S SUBDIVISION Steffen, Jerome J. & Lorraine A. cont. Frommelt, Ronek, Joseph L. & Linda J. W. 25' - 7 10- Kent D. & Sharon S. W. 50' - 28 10-26- 26-178-006 Water Service Assessment: 184-011 $114.44 $908.79 $3,141.33 Archiquette, Mary Ann 2 - 1 - 59 10-26-184- Ronek, Joseph L. & Linda J. 8 10-26-178-005 006 Archiquette, Mary Ann 2 - 1 - 58 10-26- Ronek, Joseph L. & Linda J. 9 10-26-178-184-005 006 Sola, Marcia J. 2 - 1 - 1 - 59 10-26-184-006 Kitchen, Monroe A. & Mary 10 10-26-178-$1,073.73 005 $206.52 Sola, Marcia J. 2 - 1 - 1 - 58 10-26-184-006 Devaney, Sheila J. 11 10-26-178-004 Selle, Thomas A. & Peggy J. 2 - 1 - 1 - 1 - 59 $103.66 10-26-184-007 $1,073.73 Reed, Thomas P. & Nancy A. 12 10-26-178-Selle, Thomas A. & Peggy J. 2 - 1 - 1 - 1 - 58 003 $72.30 10-26-184-007 Anthony, Esther I. & Mark W. & Anderson, Gielissen, Robert J. & Delores 1 - 1 - 1 - 1 - James M. 13 10-26-178-002 $31.16 59 10-26-184-008 $1,073.73 Rodham, John S. & Helen A. 18 10-26-178- Gielissen, Robert J. & Delores 1 - 1 - 1 - 1- 58 009 $31.16 10-26-184-008 Sweeney, Jan M. & Cynthia A. 19 10-26-McCullough, James A. 2 - 58 10-26-184- 178-010 $72.30 016 $431.81 Koch, Terrance J. & Denise M. 20 10-26-Healy, Carl S. & Gwen 57 10-26-184-017 178-011 $103.66 $393.66 Exline, David K. & Kelly A. 21 10-26-178-Clemen, Roger C. & Karolyn K. 56 10-26- 012 $206.52 184-018 $148.40 Wold, Judy N. 1/2 - 22 10-26-178-013Thill, Thomas J. & Diane M. 20 10-26-179- Water Service Assess. $854.89 $1,971.16 003 $43.14 Wold, Judy N. 1/2 - 23 10-26-178-013 WESTABY'S SUBDIVISION Wold, Judy N. 1/2 - W. 25' - 24 10-26-178-Childers, Randy Gerard & Loewen, Lori Lee 1 013 10-26-179-020 Water Service McLaughlin, Kenneth W, & Benita J. S. 1/2 - Assessment: $809.98 $1,846.16 22 10-26-178-014 Water Service Leytem, John J. Jr. & Lois A. 2 10-26-179- Assessment: $854.89 $1,971.16 019 $1,037.38 McLaughlin, Kenneth W. & Benita J. S. 1/2 - 23Spiegelhalter, Steven M. 3 10-26-179-018 10-26-178-014 Water Service Assess. $801.00 1,837.18 224 Regular Session, June 3, 2002 Soppe, Christopher & Amy 4 10-26-179-017 Fuerst, Paul A. 2 - 15 10-26-327-016 $1,034.98 Zart, Jeaninne A. 1 - 15 10-26-327-015 Cremer, Jeffrey D. 5 10-26-179-016 $962.48 $1,033.98 SISTER'S ADD Hauber, Richard W. & Donna K. 6 10-26- Apel, Dolores; Wosthoff, Kathleen & Apel, 179-015 Water Service Assess.: $801.00 Thomas N. Bal - 1 - 2 - 33 10-26-328- $1,833.78 001 $1,336.77 Haye, Robert L. 7 10-26-179-014 $1,031.79 Bowman, Craig S. S. 4' - 1 - 2 -33 10-26- Sommer, Cory D. 8 10-26-179-013 $1,723.04 328-002 $1,446.02 Sommer, Cory D. 9 10-26-179-013 Bowman, Craig S 2 - 2 - 33 10-26-328-002 Markham, Daniel P. & Kelly M. 10 10-26-179-Bowman, Craig S. 2 - 2 - 32 10-26-328-002 006 $287.41 Brahm, William E. & Theresa E. 1 - 2 - 32 Markham, Daniel P, & Kelly M. 1 - 1 - 11 10-26-328-003 Water Service Assess. 10-26-179-006 $528.36 $1,890.50 Deutmeyer, Melvin A. & Kathleen R. 1 - 2 - 1- Brahm, William E. & Theresa E. 2 - 2 – 31 11 10-26-179-005 $205.92 10-26-328-003 Redding, Donald L. & Eunice M. 2 - 2 - 1 - 11 Domeyer, Roland J. & Terese 1 - 2 - 31 10-26-179-004 $113.64 10-26-328-004 $1,364.13 Ahmann, Robert J. & Malinda L. 1 - 1 - 2 - 11 St. Joseph's Church 1 -1 -1 -33 10-26-328- 10-26-179-007 $568.62 011 $286.66 Phillips, Murray E,. & Julie E. E. 50' - E. 100' St. Joseph's Church 2 -1 -1 -33 10-26-328- - 2 - 2 - 11 10-26-179-012 $203.52 012 $602.50 Ahmann, Robert J. & Malinda L. W. 50' - E. St. Joseph's Church 2 -1 -1 -32 10-26-328- 100' - 2 - 2 - 11 10-26-179-011 $173.36 011 Ahmann, Robert J, & Malinda L. E. 49' - W. St. Joseph's Church -1 -1 - 32 10-26-328- 149' - 2 - 2 - 11 10-26-179-011 012 Hiatt, Thomas J. & Carla A. W. 100' - W. 149' St. Joseph's Church 1 -1 - 31 10-26-328- - 2 - 2 - 11 10-26-179-010 $40.54 012 Hiatt, Thomas J. & Carla A. 2 - 1 - 2 - 11 St. Joseph's Church W. 175' - 30 10-26- 10-26-179-010 328-005 $2,397.49 O'NEILL'S SUBDIVISION NO. 3 Strub, Dorothy A. 2 - 1 - 29 10-26-328- Welu, Nancy L. 1 10-26-327-029 $998.63 006 $1,584.03 Carbone, Frank A. & Rhonda A. 2 10-26-Strub, Dorothy A. N. 20' - W. 125" - 1 - 1 - 29 327-028 $998.63 10-26-328-006 Haxmeier, Hilda C. 3 10-26-327-027 Bierie, Michael David N. 10' - S. 30' - W. - 125' $998.63 - 1 - 1 - 29 10-26-328-007 $1,524.71 Donovan, Robert J. 4 10-26-327-026 Bierie, Michael David S. 20' - S. 30' - W. 125' $998.63 - 1 -1 - 29 10-26-328-007 Hakanson, Oscar L. 5 10-26-327-025 Bierie, Michael David N. 40' - W. 125' - 2 - $998.63 1 - 28 10-26-328-007 Layland, John 6 10-26-327-024 McDermott, F. L. & Marie S. 10' - W. 125' - 2 $998.63 - 1 - 28 10-26-328-008 $1,307.01 Reicher, Wayne E. & Rita R. 7 10-26-327-McDermott, F. L. & Marie W. 125' - 1 - 1 - 28 023 $998.63 10-26-328-008 Riecher, Wayne E. & Rita R. 7A 10-26-327-Breitbach, Michael J. W. 125' - N. 1/2 - W. 031 $104.46 1/2 - 27 10-26-328-009 $1,089.11 Laird, Mark & Cue, Shelley 8 10-26-327-White, Rosemary & Brillhart, Bruce R. W. 100' - 022 $998.63 S. 1/2 - W 1/2 – 27 10-26-328-010 $998.63 Laird, Mark & Cue, Shelley 8A 10-26-327-St. Joseph's Church Pt 26 10-26-328-023 030 $275.22 $3,217.43 Lang, Judith S. 9 10-26-327-021 Water St. Joseph's Church E. 50' - S. 1/2 -W. 1/2 - Service Assess: $801.00 $1,799.63 27 10-26-328-023 Hume, Ronald J. & Bonnie J. 10 10-26-327-St. Joseph's Church E. 1/2 - 27 10-26-328- 020 $998.63 023 Davis, Terry Lee & Cherie H. 11 10-26-327-St. Joseph's Church E. 25' - N. 1/2 - W. 1/2 - 019 $998.63 27 10-26-328-023 Bush, Joseph J. & Shari A. 12 10-26-327-St. Joseph's Church 1 - 2 - 28 10-26-328- 018 $998.63 023 Steve, Larry M. & Marie K. 13 10-26-327-St. Joseph's Church E. 25' - 1 - 1 - 28 017 $998.63 10-26-328-023 Fuerst, Paul A 14 10-26-327-016 Water St. Joseph's Church 2 - 2 - 28 10-26-328-023 Assess. $783.03 $1,799.24 Regular Session, June 3, 2002 225 RESOLUTION NO. 281-02 St. Joseph's Church E. 25' - 2 - 1 - 28 10-26- FINAL ESTIMATE 328-023 St. Joseph's Church 1 - 2 - 29 10-26-328-023 WHEREAS, the contract for the BERGFELD St. Joseph's Church E. 25' - 1- 1 - 29 10-26- RECREATION AREA JETTY AND ACCESS 328-023 TRAIL PROJECT has been completed and the St. Joseph's Church 2 - 2 – 29 10-26-328-023 Engineer has submitted his final estimate TOTALS: showing the cost thereof including the cost of Deficiency Assessment: $491.62 estimates, notices and inspection and all Water Service Assessment: $13,160.89 miscellaneous costs; TOTAL NET ASSESSMENTS $112,972.27 NOW, THEREFORE, BE IT RESOLVED, BY Buol moved adoption of the Resolution. THE CITY COUNCIL OF THE CITY OF Seconded by Cline. Motion carried 7-0. DUBUQUE, IOWA: Section 1. That the cost of said improvement Audubon Society Bulletin Board: City is hereby determined to be $68,779.89, and the Manager recommending acceptance of the said amount shall be paid from the Fiscal Year donation of a bulletin board by the Dubuque 2002 General Fund appropriations of the City of Audubon Society to be installed in the park area Dubuque, Iowa. th on the west side of the East 15 Street Passed, approved and adopted this 3rd day of Stormwater Detention Basin near the wildlife June, 2002. observation shelter, presented and read. Buol Terrance M. Duggan, Mayor moved that the communication be received and Attest: Jeanne F. Schneider, City Clerk filed and approved recommendation. Seconded Buol moved adoption of the Resolution. by Cline. Motion carried 7-0. Seconded by Cline. Motion carried 7-0. Bergfeld Recreation Area Jetty and Access 2001 Harbor Maintenance Dredging Project: Trail Project: City Manager recommending City Manager recommending acceptance of the acceptance of the Bergfeld Recreation Area 2001 Harbor Maintenance Dredging Project in Jetty and Access Trail Project in the final the final contract amount of $83,708.95, contract amount of $68,779.89, presented and presented and read. Buol moved that the read. Buol moved that the communication be communication be received and filed. Seconded received and filed. Seconded by Cline. Motion by Cline. Motion carried 7-0. carried 7-0. RESOLUTION NO. 282-02 RESOLUTION NO. 280-02 ACCEPTING IMPROVEMENT ACCEPTING IMPROVEMENT Whereas, the contract for the 2001 Harbor WHEREAS, the contract for the BERGFELD Maintenance Dredging Project has been RECREATION AREA JETTY AND ACCESS completed and the City Manager has examined TRAIL PROJECT has been completed and the the work and filed his certificate stating that the City Manager has examined the work and filed same has been completed according to the his certificate stating that the same has been terms of the contract, plans and specifications completed according to the terms of the and recommends its acceptance. contract, plans and specifications and NOW THEREFORE, BE IT RESOLVED BY recommends its acceptance. THE CITY COUNCIL OF THE CITY OF NOW, THEREFORE, BE IT RESOLVED, BY DUBUQUE, IOWA: THE CITY COUNCIL OF THE CITY OF Section 1. That the recommendation of the DUBUQUE, IOWA: City Manager be approved and that said 1. That the recommendation of the City improvement be and the same is hereby Manager be approved and that said accepted. improvement be and the same is hereby BE IT FURTHER RESOLVED that the City accepted. Treasurer be and he is hereby directed to pay to BE IT FURTHER RESOLVED that the City the contractor from the Fiscal Year 2002 Harbor Treasurer be and he is hereby directed to pay to Area Maintenance Capital Improvement the contractor from the General Fund in amount Program in amount equal to the amount of his equal to the amount of this contract, less any contract, less any retained percentage provided retained percentage provided for therein. for therein. rd Passed, approved and adopted this 3rd day of Passed, approved and adopted this 3 day of June, 2002. June, 2002. Terrance M. Duggan, Mayor Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Attest: Jeanne F. Schneider, City Clerk Buol moved adoption of the Resolution. Buol moved adoption of the Resolution. Seconded by Cline. Motion carried 7-0. Seconded by Cline. Motion carried 7-0. 226 Regular Session, June 3, 2002 RESOLUTION NO. 283-02 City’s accounts within a banking institution. FINAL ESTIMATE Transfers shall be authorized via telephone or Whereas, the contract for the 2001 Harbor written request. rd Maintenance Dredging Project has been Passed, approved and adopted this 3 day of completed and the City Engineer has submitted June, 2002. his final estimate showing the cost thereof Terrance M. Duggan, Mayor including the cost of estimates, notices and Attest: Jeanne F. Schneider, City Clerk inspection and all miscellaneous costs. Markham moved adoption of the Resolution. NOW THEREFORE, BE IT RESOLVED BY Seconded by Cline. Motion carried 7-0. THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: United States Environmental Protection Section 1. That the cost of said improvement Agency: Communication from the United States is hereby determined to be $87,793.31 and the Environmental Protection Agency advising that said amount shall be paid from Fiscal Year 2002 the City of Dubuque has been selected as one Harbor Area Maintenance Capital Improvement of the pilots with whom EPA will pursue Program of the City of Dubuque, Iowa. negotiations to award a Brownfields Assessment rd Passed, approved and adopted this 3 day of Pilot cooperative agreement, presented and June, 2002. read. Buol moved that the communication be Terrance M. Duggan, Mayor received and filed. Seconded by Cline. Motion Attest: Jeanne F. Schneider, City Clerk carried 7-0. Buol moved adoption of the Resolution. Seconded by Cline. Motion carried 7-0. Mediacom: Communication from Mediacom advising of a change in their channel line-up for Transfers Between City of Dubuque Bank Dubuque customers, presented and read. Accounts: City Manager recommending Council questioned the proposed Cable authorization for certain Finance Department changes, especially the removal of MoviePlex – employees to obtain information and transfer Channel 75. Duggan stated he is on record as money between City of Dubuque bank accounts, this being unacceptable. Nicholson moved that presented and read. Markham moved that the this communication be received and filed and communication be received and filed. Seconded that direction is given to send a letter of protest by Cline. Motion carried 7-0. to Mediacom to the action of taking Ch. 75 off and also objecting to the proposed package and RESOLUTION NO. 284-02 rate changes. Seconded by Michalski. Motion RESOLUTION AUTHORIZING CERTAIN CITY carried 7-0. OF DUBUQUE FINANCE DEPARTMENT EMPLOYEES TO OBTAIN BANK ACCOUNT Business Licenses: INFORMATION AND MAKE TRANSFERS BETWEEN CITY OF DUBUQUE BANK RESOLUTION NO. 285-02 ACCOUNTS WITHIN A BANKING NOW, THEREFORE, BE IT RESOLVED BY INSTITUTION THE CITY COUNCIL OF THE CITY OF Whereas,the City of Dubuque maintains DUBUQUE, IOWA: accounts with local banking institutions; andThat the following having complied with the Whereas,the banking institutions require provisions of law relating to the sale of authorization by the City Council for City Cigarettes within the City of Dubuque, Iowa, be employees other than those designated on granted a permit to sell Cigarettes and Cigarette account signature cards to obtain bank account Papers within said City. information and transfer funds between City NEW accounts at that institution; andM & Z Food United American Gasoline Inc. Whereas,the City Council has determined that 3200 Central Ave the City employees who may obtain bank Passed, approved and adopted this 3rd day of account information and transfer funds between June, 2002. accounts within a banking institution are the Terrance M. Duggan, Mayor Finance Department Account Clerk, Cheryl L. Attest: Jeanne F. Schneider, City Clerk Steckel, and Cashier, Dorothy L. Gray.Buol moved adoption of the Resolution. NOW, THEREFORE, BE IT RESOLVED BY Seconded by Cline. Motion carried 7-0. THE CITY COUNCIL OF THE CITY OF RESOLUTION NO. 286-02 DUBUQUE, IOWA: Section 1.The Finance Department’s Account NOW, THEREFORE, BE IT RESOLVED BY Clerk, Cheryl L. Steckel, and Cashier, Dorothy L. THE CITY COUNCIL OF THE CITY OF Gray, are hereby authorized to obtain bank DUBUQUE, IOWA: account information on all City of Dubuque That the following having complied with the accounts and to transfer funds between the provisions of law relating to the sale of Regular Session, June 3, 2002 227 Cigarettes within the City of Dubuque, Iowa, be Passed, approved and adopted this 3rd day of granted a permit to sell Cigarettes and Cigarette June, 2002. Papers within said City. Terrance M. Duggan, Mayor 29 RENEWALS Attest: Jeanne F. Schneider, City Clerk Arby’s Q-Mart ArCon Inc Buol moved adoption of the Resolution. 10 Main St Seconded by Cline. Motion carried 7-0. Awn Stop Mart Inc. Waseem Choudhry RESOLUTION NO. 287-02 1998 Jackson St RESOLUTION AUTHORIZING CERTAIN CITY Big 10 Mart Molo Oil Com th OF DUBUQUE FINANCE DEPARTMENT 9 & Central Ave EMPLOYEES TO OBTAIN BANK ACCOUNT Big 10 Mart Molo Oil Com INFORMATION AND MAKE TRANSFERS 2100 JFK Rd BETWEEN CITY OF DUBUQUE BANK Big 10 Mart Molo Oil Com ACCOUNTS WITHIN A BANKING 1875 JFK Rd INSTITUTION Central Tap Myra Woodman 1046 Central Ave Whereas, applications for Beer Permits have Dempsey’s & Molly’ Pub Clifford Enterprises been submitted and filed to this Council for th LC 395 W. 9 St approval and the same have been examined Dubuque Greyhound Park Dubuque Racing and approved: and Assoc. 1855 Greyhound Park Whereas, the premises to be occupied by Hartig Drug # 2 Richard Hartig such applicants were inspected and found to 157 Locust St comply with the Ordinances of the City and have Hartig Drug # 3 Hartig Drug Co. filed proper bonds Inc 2255 JFK Rd NOW, THEREFORE, BE IT RESOLVED BY Hartig Drug # 4 Hartig Drug Co. THE CITY COUNCIL OF THE CITY OF Inc 2255 Central Ave DUBUQUE, IOWA: Instant Replay Pamela Arensdorf That the Manager be authorized to cause to be 1602 Central Ave issued the following named applicants a Beer Iowa Potatoe/Produce Hs. Iowa Potatoe / Permit. Produce Hs 2600 Dodge St CLASS “C” BEER PERMIT M & Z Food United American Gasoline L B Metcalf, Inc. Cedar Cross Amoco + 3200 Central Ave (Sunday Sale) 1200 Cedar Cross Midway Hotel WCB Hotel Hy-Vee Inc Hy-Vee Store #1+ 3100 Dodge St \(Sunday Sale) 3500 Dodge St EconoFoods # 471 Nash Finch Com United American Gasoline M & Z Food+ 3355 JFK Circle (Sunday Sale) 3200 Central Ave Oky Doky # 1 TFM Co Passed, approved and adopted this 3rd day of st 250 W. 1 St June, 2002. Oky Doky # 2 TFM Co. Terrance M. Duggan, Mayor nd 51 W 32 St Attest: Jeanne F. Schneider, City Clerk Oky Doky # 6 TFM Co Buol moved adoption of the Resolution. 1256 Iowa St Seconded by Cline. Motion carried 7-0. Oky Doky # 14 Kristina Chapman RESOLUTION NO. 288-02 1050 University Ave Oky Doky # 21 TFM Co Whereas, applications for Liquor Licenses 2010 Kerper Blvd have been submitted to this Council for approval Lucky 13 Tap David Erickson and the same have been examined and th 385 E 13 St approved; and Puff N Snuff Molo Oil Com Whereas, the premises to be occupied by such 1101 Rhomberg Ave applicants were inspected and found to comply Puff N Snuff Molo Oil Com with the State Laws and all City Ordinances 2013 Central Ave relevant thereto and they have filed proper Shannon’s Bar & Grill Shannon’s Bar & Grill bonds. nd 521 E 22 St NOW, THEREFORE, BE IT RESOLVED BY Ten Pin Tap Dolores Weber THE CITY COUNCIL OF THE CITY OF 601 Rhomberg DUBUQUE, IOWA: Tony’s Place Charles Steffen That the Manager be authorized to cause to be 1701 Central Ave issued the following named applicants a Liquor West Locust Mart Lee W Potter Sr License. 408 W. Locust St CLASS C BEER/LIQUOR LICENSE White House Tavern David Hoffman Jason Reimer Jake’s+(Sunday Sale) 450 W Locust St 1689 Elm St 228 Regular Session, June 3, 2002 James Ferring Dubuque Bowling Lane+ and read. Markham moved that the proof and (Sunday Sale) 1029 ½ Main St communication be received and filed. Jymie Lyons Jym’s Bar+ Seconded by Cline. Motion carried 7-0. (Sunday Sale) 1700 Central Ave Steve Schmall of Loras College spoke in SPECIAL CLASS C LIQUOR support of the request. Four Season Buffet, Inc. Four Season Buffet+ RESOLUTION NO. 289-02 (Sunday Sale) 3305 Asbury Rd RESOLUTION DISPOSING OF CITY DRC Enterprises Mama Cassett’s+ INTEREST IN LOTS 1A AND 2A OF (Sunday Sale) 4031 Pennsylvania Ave HODGDON’S SUBDIVISION, DUBUQUE, CLASS B WINE IOWA Hy-Vee Inc Hy-Vee Food Store # 1 3500 Dodge St Whereas, pursuant to resolution and published rd Passed, approved and adopted this 3 day notice of time and place of hearing, published in of June, 2002. the Telegraph Herald, a newspaper of general Terrance M. Duggan, Mayor circulation published in the City of Dubuque, Attest: Jeanne F. Schneider, City Clerk Iowa on this 24th day of May, 2002, the City Buol moved adoption of the Resolution. Council of the City of Dubuque, Iowa met on the Seconded by Cline. Motion carried 7-0. 3rd day of June, 2002, at 6:30 p.m. in the Public th Library Auditorium, 360 West 11 Street, BOARDS/COMMISSIONS Dubuque, Dubuque County, Iowa to consider the proposal for the sale of real estate described Applicants are invited to address the Council as: to express their desire to serve on the following Lots 1A and 2A of Hodgdon’s Subdivision in Boards/Commissions: the City of Dubuque, Dubuque County, Iowa Electrical Code Board (Five 3-year terms/Five Whereas, the City Council of the City of vacancies); Applicants: James Dixon, Dan Dubuque, Iowa overruled any and all objections, Hammel, Kevin Pfohl, David A. Pregler, Elaine oral or written to the proposal to sell such real L. Reiss. No one spoke. estate, except for easement as noted. Environmental Stewardship Advisory NOW, THEREFORE, BE IT RESOLVED BY Commission (One 1-year youth term); THE CITY COUNCIL OF THE CITY OF Applicant: Michael Hirsch. Mr. Hirsch spoke DUBUQUE, IOWA: requesting consideration for appointment. Section 1. That the sale of City of Dubuque real property described as Lots 1A and 2A of Appointments to the following Commissions: Hodgdon’s Subdivision in the City of Dubuque, Iowa to Loras College be and the same is Civil Service Commission (Mayor appointment hereby approved for the sum of $13,130.00 plus with Council concurrence – One 4-year term to cost of publication, platting and filing fees. expire 4/6/06): Applicant:Loras Kluesner. Conveyance shall be by Quit Claim Deed. Mayor appointed Loras Kluesner for a four year Section 2. The City of Dubuque reserves unto term which will expire April 6, 2006. Michalski itself a perpetual easement including the right of moved to concur with the Mayor’s appointment ingress and egress thereto, for the purpose of of Mr. Kluesner. Seconded by Nicholson. erecting, installing, constructing, reconstructing, Motion carried 7-0. repairing, owning, operating, and maintaining water, sewer, drainage, gas, telephone, t.v. Investment Oversight Commission: (One 3-cable, and electric lines as may be authorized by year term to expire 7/1/05); Applicant: Charles the City of Dubuque, Iowa. Spielman. Michalski moved to reappoint Section 3. That the Mayor be authorized and Charles Spielman to a three year term which will directed to execute a Quit Claim Deed, and the expire July 1, 2005. Seconded by Nicholson. City Clerk be and is hereby authorized and Motion carried 7-0. directed to deliver said deed of conveyance to Loras College upon receipt of the purchase price PUBLIC HEARINGS in full. Section 4. That the City Clerk be and is hereby Buol moved that the rules be suspended to authorized and directed to record a certified allow anyone present to speak. Seconded by copy of this resolution in the offices of the City Markham. Motion carried 7-0. Assessor, Dubuque County Recorder and Dubuque County Auditor. Vacating of Henion and Helena Streets: Proof Passed, approved and adopted this 3rd day of of publication on notice of hearing and City June, 2002. Manager recommending approval of the Terrance M. Duggan, Mayor vacating and sale of Helena Street and a portion Attest: Jeanne F. Schneider, City Clerk of Henion Street to Loras College, presented Regular Session, June 3, 2002 229 Markham moved adoption of the Resolution. NOW, THEREFORE, BE IT RESOLVED BY Seconded by Cline. Motion carried 7-0. THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Old Highway 20 Water Main Extension Project: That the City Manager is authorized to execute Proofs of publication on notice of hearing on the agreement for construction services with plans and specifications and notice to bidders on McDermott Excavating of Dubuque, Iowa for the the receipt of bids, and City Manager construction of approximately 2,600 feet of 12 recommending award of the contract for the Old inch ductile iron water main and accessories on Highway 20 Water Main Extension Project to Old Highway 20 in the amount of $101,867.90. rd McDermott Excavating in the amount of Passed, adopted, and approved this 3 day of $101,867.90, presented and read. Cline moved June, 2002. that the proofs and communication be received Terrance M. Duggan, Mayor and filed. Seconded by Nicholson. Motion Attest: Jeanne F. Schneider, City Clerk carried 7-0. Cline moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 290-02 RESOLUTION ADOPTING City Hall First Floor Remodeling Project – First PLANS AND SPECIFICATIONS Floor Ceiling: Proofs of publication on notice of Whereas, on the 3rd day of May, 2002 plans, hearing on plans and specifications and notice specifications, form of contract and estimated to bidders on the receipt of bids, and City cost were filed with the City Clerk of Dubuque, Manager recommending award of the contract Iowa for the installation of approximately 2,600 for the City Hall First Floor Remodeling Project – feet of 12-inch ductile iron water main with First Floor Ceiling to Tricon Construction Group accessories on Old U. S. Highway 20. in the amount of $56,000, presented and read. Whereas, notice of hearing on the plans, Cline moved that the proofs and communication specifications, form of contract and estimated be received and filed. Seconded by Nicholson. cost was published as required by law. Motion carried 7-0. NOW, THEREFORE, BE IT RESOLVED BY RESOLUTION NO. 292-02 THE CITY COUNCIL OF THE CITY OF RESOLUTION ADOPTING DUBUQUE, IOWA: PLANS AND SPECIFICATIONS That the said plans, specifications, form of th contract and estimated cost are hereby Whereas, on the 7th day of May, 2002, plans, approved as the plans, specifications, form of specifications, form of contract and estimated contract and estimated cost for said cost were filed with the City Clerk of Dubuque, improvements for said project. Iowa for the City Hall First Floor Remodeling Passed, approved and adopted this 3rd day of Project. June, 2002. Whereas, notice of hearing on plans, Terrance M. Duggan, Mayor specifications, form of contract, and estimated Attest: Jeanne F. Schneider, City Clerk cost was published as required by law. Cline moved adoption of the Resolution. NOW THEREFORE, BE IT RESOLVED BY Seconded by Nicholson. Motion carried 7-0. THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: RESOLUTION NO. 291-02 That the said plans, specifications, form of AWARDING CONTRACT TO McDERMOTT contract and estimated cost are hereby EXCAVATING OF DUBUQUE, IOWA FOR THE approved as the plans, specifications, form of CONSTRUCTION OF APPROXIMATELY 2,600 contract and estimated cost for said FEET OF 12” DUCTILE IRON WATER MAIN improvements for said project. WITH ACCESSORIES ALONG THE NORTH SIDE Passed, approved and adopted this 3rd day of OF OLD U.S. HIGHWAY 20 STARTING AT THE June, 2002. INTERSECTION OF SEIPPEL ROAD AND OLD Terrance M. Duggan, Mayor HIGHWAY 20 CONTINUING TO THE EAST SIDE Attest: Jeanne F. Schneider, City Clerk OF THE DUBUQUE COUNTY FAIRGROUND Cline moved adoption of the Resolution. ENTRANCE. Seconded by Nicholson. Motion carried 7-0. Whereas, the Old Highway 20 water main RESOLUTION NO. 293-02 extension project has been budgeted; and AWARDING CONTRACT Whereas, McDermott Excavating of Dubuque, Iowa has submitted to the City an agreement to Whereas, sealed proposals have been conduct construction services of this submitted by contractors for the City Hall First improvement in the amount of $101,867.90 Floor Remodeling Project pursuant to Resolution dollars; and No. 247-02 and notice to bidders published in a Whereas, funds have been legally newspaper published in the City of Dubuque, appropriated for this expenditure. Iowa on the May 7, 2002. 230 Regular Session, June 3, 2002 Whereas, said sealed proposals were opened An Ordinance of the City of Dubuque, Iowa and read on the 23rdday of May, 2002, and it providing that the Code of Ordinances, City of has been determined that the bid of Tricon Dubuque, Iowa be amended by repealing Construction Group of Dubuque, Iowa in the Section 37-1 thereof and enacting a new Section amount of $56,000.00 was the lowest bid for the 37-1 thereof pertaining to revising and furnishings of all labor and materials and reenacting a Plumbing Code for the City of performing the work as provided for in the plans Dubuque, Iowa and providing for the issuance of and specifications. permits and collection of fees therefore, NOW THEREFORE, BE IT RESOLVED BY presented and read. THE CITY COUNCIL OF THE CITY OF OFFICIAL PUBLICATION DUBUQUE, IOWA: ORDINANCE NO. 42-02 That the contract for the above improvement AN ORDINANCE OF THE CITY OF DUBUQUE, be awarded to Tricon Construction Group and IOWA PROVIDING THAT THE CODE OF the Manager be and is hereby directed to ORDINANCES, CITY OF DUBUQUE, IOWA BE execute a contract on behalf of the City of AMENDED BY REPEALING SECTION 37-1 Dubuque for the complete performance of the THEREOF AND ENACTING A NEW SECTION work. 37-1 THEREOF PERTAINING TO REVISING BE IT FURTHER RESOLVED: AND REENACTING A PLUMBING CODE FOR That upon the signing of said contract and the THE CITY OF DUBUQUE, IOWA AND approval of the contractor’s bond, the City PROVIDING FOR THE ISSUANCE OF Treasurer is authorized and instructed to return PERMITS AND COLLECTION OF FEES the bid deposits of the unsuccessful bidders. THEREFOR Passed, approved and adopted this 3rd day of June, 2002. NOW, THEREFORE, BE IT ORDAINED BY Terrance M. Duggan, Mayor THE CITY COUNCIL OF THE CITY OF Attest: Jeanne F. Schneider, City Clerk DUBUQUE, IOWA: Cline moved adoption of the Resolution. Section 1. That Section 37-1 of the Code of Seconded by Nicholson. Motion carried 7-0. Ordinances of the City of Dubuque, Iowa be amended by repealing Section 37-1 and Buol moved that the rules be reinstated limiting enacting a new Section 37-1 in lieu thereof: discussion to the Council. Seconded by Section 37-1 Markham. Motion carried 7-0. Except as hereinafter added to, deleted, modified or amended, there is hereby adopted ACTION ITEMS by reference as the plumbing code of the City that certain plumbing code known as the By request of applicant the following two items “Uniform Plumbing Code”, 2000 Edition, removed from the Agenda: including the 2000 Uniform Plumbing Code th 45 West 13 Street – Request for Demolition Appendices as prepared and edited by the Permit: Historic Preservation Commission International Association of Plumbing and recommending approval of a request from Mechanical Officials, Walnut, California, and the Dubuque Bank and Trust to demolish a structure provisions of such plumbing code shall be th located at 45 West 13 Street to provide parking controlling for the installation, alteration, repair, for the planned rehabilitation of the Bell Block relocation, replacement, addition to and use or and Zieprrecht Buildings (former Walsh Store). maintenance of plumbing equipment and 1300 – 1322 Iowa Street – Request for systems in all matters covered by such plumbing Demolition Permit: Historic Preservation Com-code within the corporate limits of the City and mission recommending approval of a request shall be known as the “Dubuque Plumbing from Dubuque Bank and Trust to demolish a Code”. A copy of the Uniform Plumbing Code, structure located at 1300 - 1322 Iowa Street 2000 Edition, as adopted, shall be on file in the (True Value) to provide parking for the planned office of the City Clerk for public inspection. rehabilitation of the Bell Block and Zieprrecht Section 2. That Section 37-2 of the Code of Buildings (former Walsh Store). Ordinances of the City of Dubuque, Iowa be amended by amending the current Section 37-2 Plumbing Code: City Manager recommending as follows: adoption of the 2000 Uniform Plumbing Code Section 30.8. Licensing, Examination and (UPC) published by the International Association Registration of Plumbers Required. is hereby of Plumbing and Mechanical Officials (IAPMO), amended by adding the following to Section presented and read. Buol moved that the 30.8(j) as follows: communication be received and filed. Seconded Section 30.8 (new last paragraph)--Master and by Markham. Motion carried 7-0. Journeymen plumbers holding licenses in jurisdictions with similar licensing requirements as the City of Dubuque and whose Plumbing Regular Session, June 3, 2002 231 Board or Authority Having Jurisdiction has consideration and passage of the Ordinance. expressed, in writing, that they will accept City of Seconded by Markham. Motion carried 7-0. Dubuque licenses as proof of qualification for a license in their jurisdiction, will not be subject to Historic Buildings Code: City Manager testing or interview by the City of Dubuque recommending adoption of the Dubuque Historic Plumbing Board. Buildings Code, presented and read. Buol Section 203 of the 2000 Uniform Plumbing moved that the communication be received and Code is hereby amended by adding the filed. Seconded by Michalski. Motion carried 7- definition of Approved Qualified Welder: 0. Section 203—Approved Qualified Welder- A person who specializes in welding of pipes and An Ordinance Amending the City of Dubuque holds a valid certificate of competency from a Code of Ordinances Chapter 11 by adding a recognized testing laboratory, based on the new Article V Historic Buildings, providing requirements of the A.S.M.E. Boiler and alternative building standards for preserving or Pressure Vessels Code, Section IX or as restoring buildings or structures designated as approved by the administrative authority’s historic buildings and providing for the . testing procedures administration and enforcement of said Section 316.1.7 of the 2000 Uniform Plumbing standards, presented and read. Code is hereby amended by deleting the current OFFICIAL PUBLICATION section and adding a new Section 316.1.7 as ORDINANCE NO. 43-02 follows: AN ORDINANCE AMENDING THE CITY OF Brazing and Welding. Brazing and welding DUBUQUE CODE OF ORDINANCES shall conform to the applicable standard(s) in CHAPTER 11 BY ADDING A NEW ARTICLE V Table 14-1. All brazing on medical gas systems HISTORIC BUILDINGS, PROVIDING shall be performed by certified installers meeting ALTERNATIVE BUILDING STANDARDS FOR the requirements of the plumbing board. PRESERVING OR RESTORING BUILDINGS Section 401 of the 2000 Uniform Plumbing OR STRUCTURES DESIGNATED AS Code is hereby amended by deleting the HISTORIC BUILDINGS AND PROVIDING FOR following: THE ADMINISTRATION AND ENFORCEMENT Materials. Section 410 (a) (2) ABS and PVC OF SAID STANDARDS DWV Schedule 40 piping installations shall be limited to structures not exceeding three floors NOW, THEREFORE, BE IT ORDAINED BY above grade. For purposes of this subsection, THE CITY COUNCIL OF THE CITY OF the first floor of a building shall be that floor that DUBUQUE, IOWA: has fifty (50) percent or more of the exterior wall Section 1. That Chapter 11 of the Code of surface area level with or above finished grade. Ordinances of the City of Dubuque, Iowa be One additional level that is the first level and not amended by adding the following new article: designed for human habitation and used only for ARTICLE V. Historic Buildings vehicle parking, storage, or similar use shall be Section 11-70. Purpose, Scope and permitted. Application Section 603.4.18.1 of the 2000 Uniform Section 11-71. Administration and Plumbing Code is hereby amended by deleting Enforcement the following from the first paragraph: Section 11-72. Definitions "except in one or two family residential Section 11-73. Building Evaluation Method sprinkler systems piped in materials approved Section 11-74. Miscellaneous Building for potable water distribution systems," Requirements Section 3. When Effective. This Ordinance Section 11-75. Alternate Structural shall take effect immediately upon publication as Requirements provided by law. Section 11-76. Alternate Accessibility rd Passed, approved and adopted this 3 day of Requirements June, 2002. Section 11-77. Alternate Mechanical Terrance M. Duggan, Mayor Requirements Attest: Jeanne F. Schneider, City Clerk Section 11-78. Alternate Electrical Published officially in the Telegraph Herald the Requirements th 10 day of June, 2002. Section 11-79. Totally Preserved Buildings Jeanne F. Schneider, City Clerk Used As Historical Exhibits 1t 6/10 Sec. 11-70. Purpose, Scope and Application Buol moved that the requirement that a (a) Authority. This Article constitutes the historic proposed Ordinance be considered and voted building code. on for passage at two Council Meetings prior to (b) Purpose. The purpose of this Article is to: the meeting at which it is to be finally passed be suspended and further moved final 232 Regular Session, June 3, 2002 (1) Provide alternative building standards for structural strength, fire hazard, exits, required preserving or restoring buildings or structures natural lighting or replacement of major designated as historic buildings; equipment, the owner may elect to be subject to (2) Facilitate the restoration of historic buildings one of the following: so as to preserve their original or restored 1. This Article; or architectural elements and features; 2. The prevailing code. (3) Permit a cost–effective approach to historic (2) USE CHANGES. When a qualified historic preservation and restoration; building is changed to a new use or converted (4) Provide for the health, safety and welfare of from a use as an exempt building, to a public occupants and visitors in qualified historic building or place of employment, the owner may buildings; elect to be subject to one of the following codes: (5) Provide a process for the Building Services (a) This Article; or Department to grant variances in order to permit The prevailing code. the proper preservation or restoration of (e) Impact of other codes on qualified historic qualified historic buildings; and buildings. (6) Provide a reasonable means of access to (1) CODES AND ORDINANCES. Except as historic buildings for people with physical specified in sub. (2), no owner of a qualified disabilities. historic building who elects to be subject to this (c) Scope. The provisions of these sections are Article may be required to comply with any not retroactive. requirement of the following: (1) QUALIFIED BUILDINGS. This Article applies (a) Any other building code administered by solely to qualified historic buildings: the City, if the building code concerns a matter (a) Listed on, or nominated by the state addressed by this Article; historical society for listing on, the national (b) Any other local ordinance or regulation, if register of historic places in Iowa; the ordinance or regulation concerns a matter (b) Included in a district which is listed on, or addressed by this Article. nominated by the state historical society for (2) LIMITATIONS. This Article shall not be listing on, the national register of historic places construed to affect City of Dubuque in Iowa, and which has been determined by the requirements relating to land use, zoning, fire state historical society to contribute to the districts or other similar requirements. historic significance of the district; (f) Verification of a qualified historic building. If (c) Included in a historic district designated by an owner elects to be subject to this Article, the the procedure described in Section 25-6 of this owner shall prove that the building is a qualified code. historic building by submitting a verification of (2) NON–QUALIFIED BUILDINGS. This Article historic building status form that is signed by the does not apply to the following: state historical preservation officer or the Nursing homes; Planning Services Department verifying that the Hospitals; building is a qualified historic building. (c) Community–based residential facilities; (g) Application of historic building code. (d) Schools; (1) QUALIFIED HISTORIC BUILDINGS. Except (e) New additions to historic buildings; as specified in sub. (2), if an owner elects to be (f) New buildings constructed in an historic subject to this Article, those sections shall be district; and applied in their entirety. (g) Buildings that are reproduced. (2) TOTALLY PRESERVED BUILDINGS USED (d) Election of Code. AS HISTORICAL EXHIBITS. Any qualified (1) USE REMAINS UNCHANGED. historic building that is totally preserved and Preserved, renovated, repaired or restored. (a) used solely as an historical exhibit shall comply If a qualified historic building is preserved, with the requirements specified in Section 11-79. renovated, repaired or restored to maintain the Sec. 11-71. Administration and Enforcement building in its original condition and the use (a) Plan examination. remains unchanged from the time of original (1) PLAN SUBMITTAL. Plans and specifications construction, the owner may elect to be subject for all qualified historic buildings subject to this to one of the following codes: Article shall be submitted in accordance with the 1. This Article; following: Altered or remodeled. 2. The code in effect at the time of original (a) If a qualified historic construction; building is remodeled or altered and that portion 3. The Uniform Code for Building Conservation; being remodeled or altered affects the structural or strength, fire hazard, exits of the building, 4. The prevailing code. required natural lighting, or replacement of major Altered or remodeled. (b) When a qualified equipment, plans and specifications shall be historic building is altered or remodeled and that submitted to the department for examination and portion being altered or remodeled affects the be approved before commencing work. Regular Session, June 3, 2002 233 Change in use. (b) If a qualified historic and include information about the exterior building is changed to a new use, or converted materials. from a use as a nonpublic building to a public 4. Sections and details. Sections and details building, plans and specifications showing shall include information to clarify the building compliance with this chapter shall be submitted design. Footing and foundation. to the department for examination and be (c) If footing and approved before commencing work. foundation plans are required to be submitted, at (2) BUILDINGS EXEMPT FROM least 2 complete sets of footing and foundation DEPARTMENT PLAN SUBMITTAL. plans including plot plans, schematic floor plans Preserved, renovated, repaired, or restored (a) showing exits, elevations and itemized structural buildings. Plans and specifications are not loads shall be submitted to the department. Heating, ventilating and air conditioning required to be submitted to the department for (d) plans. qualified historic buildings that are preserved, Heating, ventilating and air conditioning renovated, repaired or restored and the use plans shall indicate the layout of the system, remains unchanged from the time of original including location of equipment and size of all construction. piping, duct work, dampers, fire dampers, Totally preserved buildings used as (b) chimneys, vents and controls. The quantity of historical exhibits. If a qualified historic building outside air introduced to each zone, and the complies with Section 11-79 for a totally quantity of supply air and exhaust air for each preserved building used as an historical exhibit, room shall be listed on the plans. The type of plans and specifications are not required to be equipment and capacity, including the input and submitted to the department for examination and output, shall be indicated on the plans or approval. equipment schedules, unless indicated in the (3) PLANS, SPECIFICATIONS AND DATA. If specifications. Specifications. plans and specifications are required to be (e) The specifications shall be submitted, at least 2 complete sets of plans, properly identified with the drawings and which are clear, legible and permanent copies, describe the materials and the workmanship. and two copies of specifications and data shall (4) STRUCTURAL REPORT. When plans and be submitted for examination. specifications are required to be submitted to the Preparation. (a) Plans and specifications shall department or its authorized representatives a be prepared as specified in Iowa Code Chapter structural report as specified in Section 11-75 544A Architectural Law and/or Iowa Code which identifies the structural condition of the Chapter 542B Engineering Law. All plans shall building shall be submitted with the plans. contain the name of the owner and the address (5) APPROVAL APPLICATION FORMS. Plan approval application. of the building. The signature and stamp or seal (a) A plan approval of the architect, engineer or designer who application approved by the department shall be prepared the plans shall appear on the title submitted along with the plans and sheet, in accordance with Chapters 544A and/or specifications as required in paragraph (3). Verification form. 542B. (b) A verification of historic Building plans. (b) The building plans shall status form shall be submitted and signed by the provide sufficient information to evaluate state historic preservation officer or the Planning whether the building conforms to the Services Department verifying that the building requirements of this Article and shall include the is a qualified historic building. Building evaluation form. following. (c) When the building 1. Plot plan. The location of the building with evaluation method is used, a completed building respect to all property lines, adjoining streets, evaluation form as specified in Section 11-73 (d) alleys and any other buildings on the same lot shall be submitted. or property shall be indicated on the plot plan. (b) Approvals. 2. Floor plans. Floor plans shall be provided (1) DEPARTMENT APPROVAL. The for each floor. The size and location of all department shall review and make a rooms, doors, windows, firewalls, toilet determination on an application for plan review facilities, structural features, exit within 15 business days of receipt of the passageways, exit lights, fire alarms, application and all forms, fees, plans and standpipes, stairs and other pertinent documents required to complete the review. (a) Plan approval. information shall be indicated. Schematic exit plans shall be provided indicating normal paths 1. Conditional approval. If, upon examination, of egress. the department or its authorized representative 3. Elevations. The elevations shall contain determines that the plans and the application for information on the exterior appearance of the approval substantially conform to the provisions building and indicate the location and size of of this Article, a conditional approval, in writing, doors, windows, roof shape, chimneys, shall be granted. All non-code–complying exterior grade, footings and foundation walls, conditions stated in the conditional approval 234 Regular Session, June 3, 2002 shall be corrected before or during construction. (1) “Altered” or “alterations” means to modify a A conditional approval issued by the department qualified historic building which affects the shall not be construed as an assumption of any structural strength, fire hazard, access for the responsibility for the design or construction of disabled, energy conservation, heating and the building. ventilating, or electrical systems yet retains 2. Denial of approval. If the department some original or restored architectural elements determines that the plans or the application do or features. not substantially conform to Sections 11-70 (2) “Building” means any structure used or through 11-79, the application for conditional intended for supporting or sheltering any use or approval shall be denied, in writing. occupancy. Footing and foundation approval. (b) Upon (3) “Certified municipal register of historic submission of 2 sets of footing and foundation property” means a register of historic property plans, a plans approval application form, that is part of an historic preservation ordinance structural foundation calculations and a fee, the promulgated by the City of Dubuque. department, may conditionally approve the (4) “Change in use” means the process of footing and foundation plans to permit adapting a building to accomplish a use other construction of the footings and foundations for than that for which it was originally designed, but a relocated qualified historic building. The does not mean a change of use within an department or its authorized representative shall occupancy chapter. review and make a determination on an (5) “Department” means the Building Services application for footing and foundation approval Department. within 15 business days of receipt of the (6) “Historic fabric” means the original materials, application and all forms, fees, plans and and portions of the building still intact when documents required to complete the review. exposed or as they appeared and were used in (c) Evidence of plan approval. The architect, the past. engineer, designer, builder, or owner shall keep (7) “Historic aspect” means the particular at the building site one set of plans bearing the features of the historic site, building or structure stamp of conditional approval and a copy of the that gives it its historic significance. specifications. The plans shall be open to (8) “National register of historic places in Iowa” inspection by the department. means the places in Dubuque that are listed on (d) Expiration of plan approval. Plan approval the national register of historic places by the department or its authorized maintained by the U.S. Department of the representative shall expire 180 days after the Interior. date indicated on the approved plans if (9) “Occupancy” means the purpose for which a construction has not commenced within that building or structure is used or intended to be 180-day period or if there has been a break in used as regulated in the prevailing code. significant construction activity of more than 180 (10) “Occupancy chapter” means a classification days. of similar uses designated under a chapter (e) Inspections. Inspections shall be conducted heading in the prevailing code. by the department to ascertain whether the (11) “Original material” means those features or construction or installations conform to the elements of a qualified historic building or conditionally approved plans, the conditional structure that have some historic significance. approval letter, and provisions of this Article. (12) “Preserved” means maintaining a qualified (f) Fees. Fees for plan examination and historic building in its present condition or as inspection shall be submitted to the department originally constructed. after the plans are approved and a plan review (13) “Prevailing code” means the most current fee can be determined, based on the hours editions of the International Building Code, spent reviewing. Fees for plan examination and International Fire Code, Uniform Plumbing permits shall be as adopted for the prevailing Code, Uniform Mechanical Code and National code. Electrical Code. (g) Petition for variance. The department shall (14) “Qualified historic building” means a consider and may grant a variance to a provision building that is: of this chapter in accordance with procedures (a) Listed on, or nominated by the state adopted by the department. The petition for historical society for listing on, the national variance shall include a position statement from register of historic places in Dubuque; the Fire Department. (b) Included in a district which is listed on, or (h) Penalties. Penalties for violations of this has been nominated by the state historical Article shall be assessed in accordance with society for listing on, the national register of Sections 1-15 through 1-17 of this Code of historic places in Dubuque, and has been Ordinances. determined by the state historical society to Sec. 11-72. Definitions contribute to the historic significance of the In these Sections: district; Regular Session, June 3, 2002 235 (c) Listed on a certified municipal register of and extinguishing features of a qualified historic historic property; or building. Means of egress. (d) Included in a designated historical district (b) The category of means of and has been determined by the City of egress includes those building safety Dubuque to contribute to the historic significance parameters of a qualified historic building of the district. affecting safe evacuation. General safety. (15) “Reconstituted” means a qualified historic (c) The category of general building that is reassembled piece–by–piece on safety includes all the safety building parameters the same site or new site. under fire safety and means of egress. (16) “Relocated” means any qualified historic (2) SEVENTEEN BUILDING PARAMETERS. A building or a portion of a qualified historic qualified historic building shall be evaluated building that will be moved to a new location. using the 17 building safety parameters (17) “Remodeled” means to substantially change indicated in Table 1. the structure of a qualified historic building, Table 1 including load–bearing and non–loading walls or 1. Number of Stories partitions or both; change the location of exits; or 2. Building Area change the toilet facilities; but shall not include 3. Building Setback maintenance, redecoration, re-roofing or 4. Attic Compartmentalization alteration of mechanical or electrical systems. 5. Fire stopping (18) “Renovated” means to make sound again 6. Mixed Occupancies any structure by cleanup and replacement of 7. Vertical Openings deteriorated detail or structure. 8. HVAC Systems (19) “Repaired” means to replace, cleanup, 9. Smoke detection rebuild or renew any portion of a qualified 10. Fire Alarms historic building for the purpose of its 11. Smoke Control maintenance. 12. Exit Capacity (20) “Reproduced” means the process of 13. Dead ends rebuilding an entirely nonexistent structure to its 14. Maximum Travel original appearance through archival and 15. Emergency Lighting archeological investigation. 16. Elevator Control (21) “Restored” means the process of accurately 17. Sprinklers recovering, by the removal of later work or the (3) DETERMINING NUMERICAL VALUE. Each replacement of missing earlier work, as it building safety parameter shall be evaluated appeared at a particular period of time. using the criteria specified under that particular (22) “Structural deterioration” means a decline in building safety parameter (Tables 2 – 18) in the original strength of a structural element order to determine the degree of life safety caused by fire, water, wind, snow, insects, age provided by the qualified historic building and or excessive loading, which result in cracks, the numerical value assigned for the degree of distortions, deflections, misalignments, abrasion, life safety. erosion or corrosion to the structure. (a) Numerical values may not be interpolated (23) “Test–of–time” means a structure that has and shall be listed according to value and over a period of time withstood the combined positive (+) or negative (–) sign. service loads and environmental stresses (b) Numerical values may not be assigned to imposed upon it and shows no sign of serious those spaces on the summary sheet identified deterioration. with NA. Sec. 11-73. Building Evaluation Method (c) Where a building parameter does not (a) Scope. This section provides an alternative apply, a value of zero (0) shall be assigned. method for determining code compliance for a (4) BUILDING EVALUATION FORM. After the qualified historic building being remodeled, numerical value has been determined for each altered or changed in use. building safety parameter the same numerical (b) Building evaluation method. The building value shall be entered on the Building evaluation method section provides a method for Evaluation form in Section 11-73 (d) under each evaluating the degree of life safety of a qualified of the life safety categories titled, “Fire Safety”, historic building by comparing 17 building safety “Means of Egress” and “General Safety” for parameters with the requirements of the each building parameter. prevailing code. (5) TOTAL BUILDING SAFETY SCORE. After (1) LIFE SAFETY. The degree of life safety is each building parameter of the building is measured in terms of: evaluated, the numerical values shall be Fire safety. (a) The category of fire safety algebraically summed or totaled according to includes the building safety parameters affecting value and sign for each column on the the structural fire resistance, detection, alarm evaluation form in Section 11-73 (d) for fire 236 Regular Session, June 3, 2002 safety, means of egress and general safety to Each story above the maximum number of determine a total building safety score. stories allowed –5 (a) If the total building safety score under each Complies with prevailing code 0 column is equal to or greater than zero, the Each story below the maximum number of qualified historic building is considered to be a stories +5 code complying building and may be used for (maximum value, +10) the proposed use. (2) BUILDING AREA. (b) If the total building safety score of any one (a) The allowable building area of a qualified of the columns related to fire safety, means of historic building shall be determined using the egress or general safety is less than zero, allowable area requirements for the class of additional safety measures shall be provided to construction and use as specified in the bring the total numerical score of that column to prevailing code and the allowable area a value which is equal to or greater than zero. requirements specified in the applicable (6) FILING OF BUILDING EVALUATION FORM. occupancy chapter. A copy of the building evaluation form shall be (b) If the qualified historic building has more submitted with the plans and specifications. stories than permitted by the prevailing code, the Single use. (a) One building evaluation form maximum number of stories allowed for that shall be completed for a qualified historic class of construction in the prevailing code shall building containing a single use or a similar use be used to determine the maximum allowable within the same occupancy classification or area requirements for the building. where an occupancy separation is not provided. (c) When the entire building is protected by an Mixed uses. (b) One building evaluation form approved automatic sprinkler system complying for each use shall be completed for a qualified with the prevailing code, the allowable building historic building containing uses not within the area may be increased as specified in the same occupancy classifications, separated by prevailing code. an occupancy separation. (d) Where an assembly hall is located in a (c) Building evaluation procedures. When the building with other uses, the building shall building evaluation method is used, the process comply with the class of construction specified in this section shall be used in its requirements as specified in the prevailing code. entirety. The building evaluation method (e) A single numerical value shall be analyzes a qualified historic building in determined from Table 3 and the numerical accordance with the building safety parameters value and its sign, either positive or negative, specified in this section and compares them shall be entered on the evaluation form in against the prevailing code to determine a Section 11-73 (d) under the safety parameter, numerical value of safety provided in the building area, for fire safety, means of egress qualified historic building. and general safety. (1) NUMBER OF STORIES. TABLE 3 Building Area Numerical Value. (a) Class of Construction More than 150% of the allowed area –5 1. The class of construction of the qualified 131% – 150% of allowed –4 historic building shall be determined by 121% – 130% of allowed –3 comparing the actual building elements to those 111% – 120% of allowed –2 specified in the prevailing code. 90% --110% of allowed area 0 2. Buildings with different classes of Where code does not have area limitations 0 construction shall be separated with a 80% – 89% of allowed +2 separation specified in the prevailing code 70% – 79% of allowed +3 unless the lowest class of construction is used 50% – 69% of allowed +4 as the basis for the evaluation. Less than 50% of the area allowed +5 (b) The allowable number of stories for the class (3) BUILDING SETBACKS. of construction of the qualified historic building (a) The building setback shall be compared shall be determined in accordance with the with those specified in the class of construction prevailing code and the class of construction or requirements in the prevailing code and the height requirements or both as specified in the class of construction requirements in the applicable occupancy chapters. applicable occupancy chapter. (c) A single numerical value from Table 2 shall (b) A single numerical value shall be be determined and the numerical value and its determined from Table 4 using the worst case sign, either positive or negative, shall be entered condition and the numerical value and its sign, on the evaluation form in Section 11-73 (d) either positive or negative, shall be entered on under the safety parameter, number of stories, the evaluation form in Section 11-73 (d) under for fire safety, means of egress and general the safety parameter, building setback, for fire safety. safety and general safety. TABLE 2 Safety Parameter/Number of Stories TABLE 4 Numerical Value. Building Setbacks Numerical Value. Regular Session, June 3, 2002 237 Closer than allowed under the prevailing code –sign, either positive or negative, shall be entered 2 on the evaluation form in Section 11-73 (d) Complies with prevailing code 0 under the safety parameter, mixed occupancies, Greater than the prevailing code +2 for fire safety and general safety. (4) ATTIC COMPARTMENTALIZATION. TABLE 7 Occupancy Separations Numerical (a) The attic area of a qualified historic building Value. shall be evaluated against the No separation provided, but required –5 compartmentalization standards specified in the Provided, but 2–hours less than required –4 prevailing code. Provided, but 1–hour less than required –2 (b) A single numerical value shall be Complies with prevailing code for fire resistive determined from Table 5 and the numerical ratings 0 value and its sign, either positive or negative, No separation is required 0 shall be entered on the evaluation form in Provided and 1 or more hours greater than Section 11-73 (d) under the safety parameter, required +2* attic compartmentalization, for fire safety and *Where a 3-hour is required and a 4-hour is general safety. provided, the value shall be 0. (c) If the total attic area is less than 3,200 (7) VERTICAL OPENINGS. square feet, the numerical value is 0. (a) The fire–resistive rating of enclosures of (d) All existing or proposed building features stairway exits, hoistways, escalator openings used or considered under this subsection shall and other shafts within a qualified historic be shown or indicated on the plans submitted for building or openings between 2 or more floors review. shall be evaluated in accordance with the TABLE 5 Attic Compartmentalization Numerical prevailing code. Value. (b) Atriums more than 3 levels shall not be Attic compartmentalized into areas > 3200 considered in the evaluation of vertical square feet –3 openings, but shall comply with Section 11-74 Complies with prevailing code (= 3200 square (b). feet) 0 (c) Where assembly halls are located in Attic compartmentalized into areas < 2000 buildings with other uses, the required exits shall square feet +3 comply with the prevailing code. (5) FIRESTOPPING. (d) A single numerical value shall be (a) The fire-stopping characteristics of a determined in accordance with Table 8 based on qualified historic building shall be evaluated in the worst case condition and the numerical accordance with the fire-stopping requirements value and its sign, either positive or negative, specified in the prevailing code. shall be entered on the evaluation form in (b) If the existing wall material is removed and Section 11-73 (d) under the safety parameter, the wall cavity is exposed, fire stopping shall be vertical openings, for fire safety, means of provided in accordance with the prevailing code. egress and general safety. (c) A single numerical value shall be TABLE 8 Vertical Openings Numerical Value determined from Table 6 for the entire building (per shaft or opening). based on the worst case condition and the No enclosure –3 numerical value and its sign, either positive or Enclosure with no rating –2 negative, shall be entered on the evaluation Enclosure provided but 1–hour < the required form in Section 11-73 (d) under the safety protection level –1 parameter, fire-stopping, for fire safety and Complies with prevailing code 0 general safety. 1–hour required, but 2–hour provided +1 TABLE 6 Fire-stopping Numerical Value. (8) HEATING, VENTILATING, AND AIR No fire-stopping or No verification of fire-CONDITIONING. stopping –5 (a) The number of floors in a qualified historic Fire-stopping provided at basement and attic building served by an individual heating, levels and wherever accessible –3 ventilating, and air conditioning (HVAC) system Complies with prevailing code (or verified) 0 shall be evaluated in accordance with the (6) MIXED OCCUPANCIES. prevailing code. (a) Occupancy separations in a qualified (b) A single numerical value shall be historic building shall be evaluated as required determined from Table 9 and the numerical under the occupancy chapters of the prevailing value and its sign, either positive or negative, code and the occupancy separation shall be entered on the evaluation form in requirements in the applicable occupancy Section 11-73 (d) under the safety parameter, chapters. HVAC, for fire safety, means of egress and (b) A single numerical value shall be general safety. determined from Table 7 based on the worst TABLE 9 HVAC Systems Numerical Value. case condition and the numerical value and its 238 Regular Session, June 3, 2002 Greater than 5–floor levels served by Manual fire alarm and voice alarm or manual fire undampered duct system, combustibles in air alarm with public address system provided, but plenums, or corridors used as air plenums. –5 not required** +3 3 to 5–floor levels served by undampered duct Central control station*** **** +4 system –2 Central control station and interconnected to a 2–floor levels served by undampered duct remote control station which is permanently system –1 monitored*** **** +5 Complies with prevailing code or provided with *If a numerical value of (+5) is taken under (9) fire dampers 0 smoke detection, the numerical value for this Multi–level buildings having 1–floor level HVAC section is 0. system or central system with no ducts serving **Voice alarm and public address system shall other floor levels +5 be activated from a location which is occupied (9) SMOKE DETECTION. by an employee during all periods of building (a) A qualified historic building shall be occupancy. evaluated for the building’s ability to detect ***The central control station must comply with smoke from a fire, based on the location and the prevailing code operation of smoke detectors that are in addition ****Fire department may require systems to be to the smoke detectors required by the interconnected with the fire department. applicable occupancy chapters of the prevailing (11) SMOKE CONTROL. code. (a) The ability to control the movement of (b) A single numerical value shall be smoke from a fire by natural or mechanical determined from Table 10 and the numerical venting, exhaust or pressurization systems in a value and its sign, either positive or negative, qualified historic building shall be evaluated in shall be entered on the evaluation form in accordance with the prevailing code for the Section 11-73 (d) under the safety parameter, entire building based on the worst case smoke detection, for fire safety, means of egress condition. and general safety. (b) A single numerical value shall be TABLE 10 Smoke Detection Numerical Value. determined from Table 12 and the numerical Complies with prevailing code 0 value and its sign, either positive or negative, Elevator lobby only and not required by the shall be entered on the evaluation form in prevailing code +1 Section 11-73 (d) under the safety parameter, HVAC supply only and not required by the smoke control, for fire safety, means of egress prevailing code +2 and general safety. HVAC supply and elevator lobby and not (c) If a building is 2 stories or less in height, required by the prevailing code +3 the numerical value is 0. All corridors, in addition to those required by the TABLE 12 Smoke Control Numerical Value. code, including elevator lobbies +4* Operable windows, that are operable without Total space with interconnection of smoke special keys or tools, are provided throughout detectors and building fire alarm system and not the entire building, but not required +2 required by the prevailing code +5 Automatic smoke vents provided throughout *If required detectors meet the requirements for entire building, but not required +3 corridor protection, enter 0. One smoke proof stair enclosure provided and (10) FIRE ALARMS. building has operable windows, but neither (a) The fire alarm system shall be evaluated in required +5 accordance with the prevailing code and the fire Pressurized stairs (all stairs) provided, but not alarm requirements in the applicable occupancy required +7 chapter. Engineered smoke control and removal system (b) A single numerical value shall be provided that covers the entire building, but not determined from Table 11 and the numerical required +10 value and its sign, either positive or negative, (12) EXIT CAPACITY. shall be entered on the evaluation form in (a) The means of egress by number of exits, Section 11-73 (d) under the safety parameter, location of exits, occupant load and capacity of fire alarms, for fire safety, means of egress and exits in a qualified historic building shall be general safety. evaluated in accordance with the prevailing code TABLE 11 Fire Alarms Numerical Value. for the entire building based on the worst case Manual fire alarm system required, but not condition. provided –5 (b) The minimum number of exits shall be Manual fire alarm system required and provided, provided as specified in the prevailing code for but does not comply with the prevailing code –2 the applicable occupancy chapter. Complies with the prevailing code 0 (c) A single numerical value shall be Manual fire alarm system provided but not determined from Table 13 and the numerical required* +1 value and its sign, either positive or negative, Regular Session, June 3, 2002 239 shall be entered on the evaluation form in 111% – 125% of limit allowed –5 Section 11-73 (d) under the safety parameter, 90% – 110% of prevailing code limit 0 exit capacity, for means of egress and general 50% – 89% of limit allowed* +3 safety. Less than 50% of limit allowed* +5 (d) If exiting differs on various floor levels, the *For residential occupancies no credit may be worst case floor shall be evaluated. taken for reduced exit distance. TABLE 13 Exit Capacity Number Value (per (15) EMERGENCY POWER. exit). (a) The availability of emergency power for Complies with prevailing code 0 emergency lighting in a qualified historic building Horizontal exits are provided in addition to the shall be evaluated in accordance with the required exits* +2 prevailing code. Exits to grade or enclosed stairs exceed the (b) A single numerical value shall be minimum number of exits** +3 determined from Table 16 and the numerical Eliminate a fire escape exit and provide a code value and its sign, either positive or negative, complying enclosed stairway exit serving 3 or shall be entered on the evaluation form in more levels +5 Section 11-73 (d) under the safety parameter, *No more than one–half the exits may be emergency power, for means of egress and horizontal exits. general safety. **Exits shall be at least 20 feet apart. TABLE 16 Emergency Power Numerical Value. (13) DEAD ENDS. Emergency power required, but not provided –5 (a) The length of the travel path in which the Complies with prevailing code 0 building occupants are confined to a single Emergency power provided, but not required* +2 direction of egress shall be evaluated in *Does not apply to buildings 2 stories or less in accordance with Table 14 for the entire building height. based on the worst case condition. (16) ELEVATOR CONTROL. (b) Dead ends greater than 30 ft. are not (a) The elevator equipment and controls that permitted. can be used by the fire department in a qualified (c) The creation of new dead end corridors is historic building to rescue building occupants prohibited. from upper floors during a fire when installed (d) A single numerical value shall be shall be evaluated in accordance with the determined from Table 14 and the numerical prevailing code. value and its sign, either positive or negative, (b) A single numerical value shall be shall be entered on the evaluation form in determined from Table 17 and the numerical Section 11-73 (d) under the safety parameter, value and its sign, either positive or negative, dead ends, for means of egress and general shall be entered on the evaluation form in safety. Section 11-73 (d) under the safety parameter, TABLE 14 Dead Ends Numerical Value (per elevator control, for fire safety, means of egress dead end). and general safety Dead ends more than 20 feet –5 TABLE 17 Elevator Control Numerical Value. Complies with prevailing code or dead ends less No elevators in buildings 3 stories or more in than 20 feet 0 height –3 (14) MAXIMUM TRAVEL DISTANCE TO AN No elevator in buildings 2 stories or less in EXIT. height 0 (a) The length of travel to a required exit in a Elevator with fire department control in buildings qualified historic building shall be evaluated in 3 stories or less in height +1 accordance with the prevailing code. . Elevator with automatic recall in buildings 3 (b) When the entire building is protected by an stories or more in height +4 approved automatic sprinkler system, complying Elevator with fire department control and with the prevailing code, the travel distances automatic recall in buildings 3 stories or more in may be increased as specified in the prevailing height +5 code. (17) SPRINKLERS. (c) Travel distances that exceed 25% above (a) The sprinkler system provided in a qualified the required limitations are not permitted. historic building shall be evaluated in (d) A single numerical value shall be determined accordance with the prevailing code and the from Table 15 and the numerical value and its applicable occupancy chapters. sign, either positive or negative, shall be entered (b) A single numerical value shall be on the evaluation form in Section 11-73 (d) determined from Table 18 and the numerical under the safety parameter, maximum travel value and its sign, either positive or negative, distance, for means of egress and general shall be entered on the evaluation form in safety. Section 11-73 (d) under the safety parameter, TABLE 15 Maximum Travel Distance Numerical sprinklers, for fire safety, means of egress and Value. general safety. 240 Regular Session, June 3, 2002 (c) If the building area evaluation was based If sprinkler system is required, and regular on sprinkler protection as allowed by Section 11-sprinkler heads are replaced with quick 73 (c)(2), the numerical value under this section response heads +5 is 0. Complete sprinkler system provided throughout TABLE 18 Sprinklers Numerical Value. entire building, but not required +7 System required but not provided* –5 Complete sprinkler system complying with NFPA Existing sprinkler system is required but does 13 for quick response heads is provided not meet prevailing code** –1 throughout the entire building, but not Sprinkler system is not required and not required***+10 provided 0 *If –5 was entered under Section 11-73 (c)(2), Sprinkler system required and provided in numerical value is 0. accordance with the prevailing code 0 ** Does not apply to partial systems. Existing sprinkler system is not required and ***If –5 was entered under Section 11-73 (c)(2), does not meet prevailing code* +1 numerical value is +5. Sprinklers provided in unseparated hazardous (d) Building evaluation form. The numerical areas and exit passageways, but not required +3 values determined in Section 11-73 (c) shall be Partial sprinkler system is provided throughout entered in Table 19. at least 75% of the building, but not required +5 TABLE 19 Regular Session, June 3, 2002 241 Chapter 15 of the prevailing code may be Sec. 11-74. Miscellaneous Building allowed to remain on the building. Repairs may Requirements be made up to 50% of the entire roof surface (a) Purpose. The purpose of this section is to with materials that match the existing roof provide alternative building standards for coverings. If more than 50% of the entire roof qualified historic buildings. surface needs to be repaired, the roof covering (b) Atriums. Where the use of a qualified shall conform to the requirements of the historic building is changed to a new use and an prevailing code. Where wood shingles are atrium exists, the atrium may remain subject to utilized to preserve the historic features, the the following: shingles shall be of a fire treated type and of a (1) THREE LEVELS OR LESS. Except as class C rating. provided in subsection (3), atriums in a qualified (d) Illuminated exit signs. Exit signs shall be historic building serving 3 levels or less may provided in accordance with the prevailing code. remain as constructed; however, the atrium will (e) Fire escapes. be considered an unenclosed shaft under (1) PERMITTED USES. Existing fire escapes Section 11-73 (c)(7). constructed in accordance with the prevailing (2) MORE THAN THREE LEVELS. Atriums in code or the prevailing Uniform Code for Building a qualified historic buildings serving more than 3 Conservation may continue to be used as an levels, but not exceeding 8 levels, may be exit unless the building use is changed to a use permitted subject to the requirements in the where fire escapes are not permitted. prevailing code or the alternate atrium standards (2) EXITS TO FIRE ESCAPES. Every fire specified in subsection (3). escape shall be accessible from a public (3) ALTERNATE ATRIUM STANDARDS. passageway, or shall be directly accessible from Separations. (a) The atrium opening shall be each occupied room. Exits to fire escapes shall separated at each floor by non–rated partitions be standard exit doors as specified in the or glazing. prevailing code. Access to a required fire escape Doors. (b) Doors shall be provided in the platform may be provided with an interior stairs openings separating the atrium from the floor. complying with the prevailing code. 1. Existing doors may be non–rated. (3) STRUCTURAL ANALYSIS. All existing fire 2. New doors shall be of a solid wood core type escapes intended to be used as a required exit or particleboard core type door and may have shall be inspected, structurally analyzed or load glazing. Door frames may be of wood. tested prior to use. A written report from the 3. All doors shall be automatic self–closing in engineer or architect stating the results of the accordance with the prevailing code. The hold–inspection and structural analysis or load test open device shall be activated by a product of shall be submitted to the department. The report combustion detector which responds to products shall document the physical condition of the fire of combustion other than heat. escape, condition of the attachment of the fire Smoke detection. (c) A smoke detection escape to the exterior wall and capacity of the system, interconnected to a building fire alarm fire escape to support imposed loads. The report system, shall be provided on each floor at the shall outline what corrective action is necessary, atrium perimeter. if any, and shall be submitted to the department. Smoke removal. (d) A mechanical smoke (f) Stairway requirements. Except for the removal system shall be provided at the top of following, existing required exit stairways shall the atrium to exhaust smoke to the outside. comply with the prevailing code: 1. The smoke removal system shall be activated (1) WIDTH. Minimum stairway width shall be at by activation of 2 or more of the detectors least 36 inches. required by paragraph (c) above. (2) RISER AND TREADS. Ten or less people. 2. The smoke removal system shall exhaust 6 (a) Existing stairways air changes per hour based on the volume of the serving 10 or less people may have riser and atrium and spaces open to the atrium but not tread dimensions not to exceed a 45º angle with less than 40,000 CFM. the horizontal. More than 10 people. 3. The smoke removal system shall be subject (b) All required exit to the prevailing Mechanical Code. stairways shall have a uniform rise of not more Exiting. (e) At least one exit shall be provided than 7-3/4 inches and a uniform tread not less from each space on each floor level that is than 9-1/2 inches, measuring from riser to riser independent of any exit located in/or through the and tread to tread. atrium. (3) HANDRAILS. Except for the following, (4) NEW ATRIUMS. Atriums constructed on or handrails shall comply with the prevailing code. Extensions. after January 1, 1986, shall comply with the (a) The 12–inch handrail requirement of the prevailing code. extension as specified in the prevailing code at (c) Roof coverings. Existing roof coverings not the bottom and top of stairways does not apply in conformance with the ratings specified in to existing stairways. 242 Regular Session, June 3, 2002 Openings below top rail. (b) Existing handrails building, a structural analysis shall be performed protecting the open sides of stairways and on that portion being remodeled. 25% or more. ramps may have an opening no larger than 12 (b) When a qualified historic inches between the rails. building is remodeled or changed in use that (g) Guardrails. Except for the following, affects 25% or more of the total area of the guardrails shall comply with the prevailing code. building, a complete structural analysis shall be (1) HEIGHT. If the height of a guardrail is less performed on the entire building. Reconstituted building. than 36 inches, an additional rail shall be (c) Prior to provided to the top of the rail to increase the reconstituting any vacant qualified historic overall height to 42 inches. building, a structural analysis of the entire (2) OPENINGS BELOW TOP RAIL. Additional building shall be performed. Repairs and replacements. rails provided in accordance with subsection (1) (d) If any part of an above shall be installed such that the distance historic building is repaired or replaced, a between the 2 top rails does not allow the structural analysis shall be performed on that passage of an object with a diameter larger than portion being repaired or replaced showing that 12 inches. the repair or replacement equals or exceeds the (h) Doors. Exit door size and swing shall comply structural capability of the part being repaired or with the prevailing code. Double doors may be replaced. used with a door leaf less than 32 inches in (2) VISUAL EXAMINATION. A visual width provided the total door width measures at examination shall be made by an engineer or least 36 inches. architect to determine if the building structure (i) Sanitary facilities. Sanitary facilities shall be has cracks, distortions, sagging, excessive provided in accordance with the prevailing code. deflections, significant misalignment, signs of Sec. 11-75. Alternate Structural Requirements leakage and peeling of finishes caused by fire, (a) Purpose. The purpose of this section is to wind, water or snow. ensure that qualified historic buildings are (3) ANALYSIS. A structural analysis shall be structurally sound, while allowing the significant prepared by an Iowa registered engineer or historic fabric of the building to remain. architect that describes the structural condition (b) Scope. All qualified historic buildings shall of the building. meet the loading requirements specified in this (a) The analysis shall demonstrate that the section. building structure can support the imposed live (c) Application. loads. (1) ALTERNATE STRUCTURAL (b) An analysis shall be made of the floors to REQUIREMENTS. Except as provided in sub. determine the actual load carrying capacity. (2) below, this section applies to historic (c) An analysis shall be made of the roof to buildings being: determine the actual load carrying capacity or, (a) Reconstituted; the architect or engineer shall submit a (b) Repaired; statement, signed and sealed that the roof (c) Remodeled; or structure has stood the test of time described in (d) Changed in use. Section 11-75 (e) (2). (2) NON–HISTORIC ADDITIONS AND (d) An analysis shall be made to determine if ALTERATIONS. the structural frame can carry all combined Structurally separated. (a) New additions that loads. are structurally separated from the existing (e) Alternative standards. The alternative qualified historic structure shall comply with the standards for loading and materials may be loading requirements of the prevailing code. used in lieu of those in the prevailing code. Affect existing structure. (b) New additions or FLOOR LIVE LOADS. Reductions. alterations which impose vertical or lateral loads (a) Except for storage areas and on an existing qualified historic building are not assembly occupancies, the following floor live permitted unless the supporting structure of the loads may be used in all occupancies in lieu of qualified historic building is capable of augmenting the structure to accommodate the supporting the imposed load or unless the required loading specified in the prevailing code. structure is augmented to meet the additional 1. The live load specified in the prevailing code imposed loads. may be reduced by 15% for flexure if 3 or more (d) Structural report. wood structural members are spaced less than (1) WHEN REQUIRED. A structural report shall 24 inches on center and are joined by a load- be prepared on historic structures in accordance distributing element. This live load reduction with the following: may not be applied to the supports or if the Less than 25%. (a) When a qualified historic original design used repetitive allowable building is remodeled or changed in use which stresses. affects less than 25% of the total area of the Regular Session, June 3, 2002 243 2. The reductions specified in the prevailing constructed in order to maintain historical code for large tributary areas which comply with integrity. the prevailing code may be used. (3) FIRE RESISTANT PROPERTIES. 3. The live load specified in the prevailing code (a) The fire resistance of an archaic building may be reduced by 10% if the existing structure element may be determined from tables on fire provides a 2–hour fire–resistive rating. This ratings of archaic materials and assemblies reduction may be applied to steel and concrete recognized by the department and in systems only. accordance with the following conditions: 4. The permitted reductions specified in 1. The building element shall be constructed of subsections 1–3 above are not to be used materials with the same dimensions and cumulatively. properties as indicated in the tables; Posting. (b) If the actual live load capability is 2. The thickness shall be at least equal to, or less than the required live load specified in the greater than that specified in the tables; prevailing code, the actual live capability load 3. All penetrations in the building element, or shall be conspicuously posted and no greater assembly, for electrical, plumbing and heating, load may be imposed upon the building. ventilating and air conditioning systems shall be (2) TEST OF TIME STANDARD. The test of packed with noncombustible cementitious time standard may be applied in lieu of meeting materials and so fixed that the packing material the design load requirements for roof dead load, will not fall out when it loses its water of live load and wind load specified in the hydration; and prevailing code where no change of loading will 4. Any effect of age, wear and tear shall be occur, providing: repaired so that the building element is sound, (a) The historic building has been determined and the original thickness of all components is to support the imposed floor loads; and maintained. (b) The building has stood for more than 20 (b) Fire resistance ratings for a building element years with no visible signs of deterioration. may be determined by: (f) Use of archaic materials. This section 1. An actual test by an approved testing establishes alternative standards that may be laboratory as specified in prevailing code; used to evaluate the performance of archaic 2. Typical examples as listed in the prevailing materials and assemblies in qualified historic code; or buildings. 3. An approved calculation method that utilizes (1) ALLOWABLE STRESSES AND the principles and theories of heat flow, CONSTRUCTION REQUIREMENTS. mechanical properties, deflection, capacity and Allowable stresses and construction as outlined in the prevailing code. New materials. requirements for archaic materials may be (c) The fire resistance of any assigned on the basis of comparison with similar new assembly or materials shall conform to the conventional codified materials or tests or both. provisions of the prevailing code. Archaic codes. (a) Whenever possible, Sec. 11-76. Alternate Accessibility allowable stresses and construction Requirements requirements shall be assigned on the basis of (a) Purpose. The purpose of this section is to the code in effect at the time of construction. ensure that qualified historic buildings provide (b) The allowable stresses may be determined access for people with physical disabilities, while as follows: maintaining the significant historic fabric or 1. Wood. Unless wood is laboratory tested, the historic aspects of such buildings. allowable stress shall not exceed the lowest (b) Accessibility requirements. All qualified allowable stress for that particular species and historic buildings being altered or remodeled, grade. If the grade and species can not be added to or changed in use shall comply with determined, the allowable stress for the lowest the requirements of the prevailing code or the grade and species may be used. prevailing Uniform Code for Building 2. Masonry. Allowable stresses for masonry Conservation and ADAAG 4.1.7. may be determined by laboratory results. Sec. 11-77. Alternate Mechanical 3. Steel. The allowable stresses for steel may Requirements be determined using earlier editions of steel (a) Purpose. The purpose of this section is to design manuals for the period when the steel ensure that qualified historic buildings are was fabricated. properly heated, ventilated and air conditioned, 4. Concrete. The allowable stresses for while allowing the significant historic fabric of the concrete may be determined using earlier building to remain. editions of concrete design manuals. (b) Application. (2) STRUCTURAL CHANGES. Structural (1) ALTERNATE MECHANICAL changes to buildings that are restored, altered or REQUIREMENTS. Except for historic exhibits repaired may be made with the same materials and seasonal use buildings, used during the of which the existing building or structure was period of May 15 through September 15, all 244 Regular Session, June 3, 2002 qualified historic buildings shall be provided with (1) QUALIFIED HISTORIC BUILDINGS. Except a heating system. for historic buildings complying with subsection (a) The building shall be equipped with heating (2) below, all other qualified historic buildings equipment that equals or exceeds the shall be serviced with electricity as follows: Change of use. transmission losses and ventilation of infiltration (a) If a qualified historic losses, whichever are greater. The heat loss building is changed in use, a load calculation of shall be based on the design criteria for outside the building shall be performed for the proposed temperatures and interior design temperatures use. If the load calculation exceeds the actual for the specific use specified in the prevailing service provided, the service shall be upgraded code. to meet the new load. Reconstituted. (b) If the existing heating equipment output (b) If a qualified historic building equals or exceeds the heat loss, the heating is without electrical service and is going to be equipment may be used provided all the safety reconnected to electrical service, the existing devices are in working order or the defective wiring shall be inspected at the service panels, safety devices are replaced. outlets, switches and where exposed to (c) If room sizes are increased and the heating determine the physical condition of the wire and equipment serving the room has sufficient equipment. Alterations and repairs. capacity to meet the increased heat loss, the (c) Any alterations, equipment may be used provided: repair or replacement to an existing conductor, 1. The equipment has sufficient capacity to outlet, switch and equipment in a qualified meet the new heat loss and the equipment can historic building shall be made in accordance operate safely at the increased temperature or with the prevailing electrical code for that portion pressure; and being altered, repaired or replaced. Existing building. 2. Safety devices are repaired or replaced to (d) Existing qualified historic operate at the increased temperature or buildings may use the existing electrical system pressure. without upgrading the electrical system to the (d) If room sizes are increased and the heating prevailing code. equipment serving the room does not have (2) HISTORIC EXHIBITS. Qualified historic sufficient capacity to meet the increased heat buildings used as historic exhibits do not require loss: electrical service. 1. Additional equipment shall be added to meet Sec. 11-79. Totally Preserved Buildings Used As the new heat loss; or Historical Exhibits 2. New heating equipment shall be provided to (a) Scope. This section establishes alternative offset the additional heat loss. standards for a qualified historic building that is (e) If rooms are reduced in size such that the open to the public and used solely as an historic resulting heat loss is less than that provided to exhibit. Repairs may be made without conformity the space, the existing equipment may be to the prevailing code to restore the building to altered by reducing the heat to that space if the original condition. reducing the heat does not affect the safety (b) Historic exhibits. devices regulating the system. (1) Exempt. Except as specified in subsection (f) Any alteration or remodeling of existing (2) below, a qualified historic building used as an heating equipment or systems shall conform to historic exhibit is exempt from complying with the prevailing code for that portion being the requirements of the prevailing code or other remodeled or altered. Unless replaced with a sections of this Article. like kind, the replacement shall conform to the (2) Minimum safety requirements. The following prevailing code. minimum safety requirements shall be complied (2) LIGHT AND VENTILATION. Except for with: historic exhibits, all qualified historic buildings (a) The historic building is open to the public shall be provided with natural light and only under the supervision of a tour guide; ventilation as specified in the prevailing code. (b) The historic building is not lived in, slept in (3) AIR CONDITIONING. Existing air or worked in except for the purpose of conditioning systems may be allowed to remain. demonstrating to the public how people lived in Any alteration made to an existing air a particular era; conditioning system shall conform to the (c) No smoking is allowed in the building; prevailing code. (d) No open flame equipment is installed in the Sec. 11-78. Alternate Electrical Requirements building, other than fireplaces and original (a) Purpose. The purpose of this section is to equipment; ensure that qualified historic buildings are (e) Fire extinguishers are provided, but may be properly wired while allowing the significant located in a non-conspicuous location on the historic fabric of the building to remain. premise; (b) Application. (f) At least one smoke detector is provided for each 1,200 square feet of area with a minimum Regular Session, June 3, 2002 245 of one detector per floor level. Where electricity Ron Smith, as a contractor and on behalf of is available, the smoke detectors shall be Homebuilders, spoke in opposition to the connected to the electrical power. Where no addition of Appendix F – Radon control electrical power is available, the smoke detector methods. may be of a battery type. Smoke detectors shall Bill Niemann, as a member of the be tested weekly; Environmental Stewardship Advisory (g) Access for the disabled is provided in Commission, spoke in support of the addition of accordance with Section 11-76; Appendix F – Radon control methods. (h) The capacity of the floor system shall be determined by a registered architect or engineer An Ordinance Amending the Code of and any changes that are necessary shall be Ordinances, City of Dubuque, Iowa by adding made prior to the building being open to the and enacting new Sections 11-5 and 11-6 public; thereof adopting the 2000 International (i) Historic buildings provided with only one exit Residential Code for the City of Dubuque, Iowa shall be restricted to a capacity of 10 persons and providing for the issuance of permits and located above the first floor at any one time; collection of fees therefore, presented and read. (j) Signs shall be posted in the building OFFICIAL PUBLICATION identifying and warning of stairs and headroom ORDINANCE NO. 44-02 clearance that do not conform to the prevailing AN ORDINANCE AMENDINGTHE CODE OF code; and ORDINANCES, CITY OF DUBUQUE, IOWA BY (k) Exit signs shall be provided in accordance ADDING AND ENACTING NEW SECTIONS with the prevailing code in buildings occupied 11-5 AND 11-6 THEREOF ADOPTING THE prior to 1/2 hour before sunrise and 1/2 hour 2000 INTERNATIONAL RESIDENTIAL CODE after sunset and in all areas not provided with FOR THE CITY OF DUBUQUE, IOWA AND natural lighting. PROVIDING FOR THE ISSUANCE OF (c) Sanitary requirements. Toilet facilities shall PERMITS AND COLLECTION OF FEES be made available in accordance with the THEREFOR prevailing code. The facilities may be located on the site and serve more than one historic exhibit. NOW, THEREFORE, BE IT ORDAINED BY Section 2. This Ordinance shall be in effect THE CITY COUNCIL OF THE CITY OF after its final passage, approval and publication DUBUQUE, IOWA: as required by law. Section 1. That Sections 11-5 and 11-6 of the rd Passed, approved and adopted this 3day of Code of Ordinances of the City of Dubuque, June, 2002. Iowa be amended by enacting new Sections 11- Terrance M. Duggan, Mayor 5 and 11-6 as follows: Attest: Jeanne F. Schneider, City Clerk Sec. 11-5. International Residential Code - Published officially in the Telegraph Herald the Adopted. th 10 day of June, 2002. Except as hereinafter added to, deleted, Jeanne F. Schneider, City Clerk modified or amended, there is hereby adopted 1t 6/10 by reference as the building code of the city that Buol moved that the requirement that a certain building code known as the International proposed Ordinance be considered and voted Residential Code, 2000 Edition and as published on for passage at two Council Meetings prior to by the International Code Council, Inc., and the the meeting at which it is to be finally passed be provisions of such building code shall be suspended and further moved final controlling in the construction of one and two consideration and passage of the Ordinance. family residential buildings and in all matters Seconded by Michalski. Motion carried 7-0. covered by such building code within the corporate limits of the city and shall be known as International Residential Code: City Manager the "Dubuque Residential Building Code." A recommending adoption of the 2000 copy of the International Residential Code, 2000 International Residential Code (IRC) published Edition, as adopted, shall be on file in the office by the International Code Council, Inc., six of the city clerk for public inspection. amendments recommended by the Building Section 2. That the Code of Ordinances of the Code Board of Appeals, and Appendix F, and City of Dubuque, Iowa be amended by enacting communication from the Environmental Section 11-6 as follows: Stewardship Advisory Commission in support of Section 11-6. The code adopted by Section Appendix F (Radon Control Methods), presented 11-5 of this chapter is hereby amended as and read. Michalski moved that the follows: communication be received and filed. Section R103 Department of Building Safety. Seconded by Nicholson. Motion carried 7-0. Section R103 " Department of Building Safety" is hereby amended by repealing such section and 246 Regular Session, June 3, 2002 replacing such section with a new section in lieu section with a new section in lieu thereof as thereof as follows: follows: Sec. R103.1, Creation of enforcement agency. Section R112. Building Code and Advisory There is hereby established in the city the Appeals Board. building services department, which shall be (a) Board Established. In order to determine under the jurisdiction of the building official. the suitability of alternative building materials R103.2 Appointment of Building Official. The and methods of building construction, to provide building official shall be appointed by and serve for reasonable interpretation of the provisions of at the pleasure of the city manager. the building code, and to advise the city council Section R108 Fees. Section R108.2 "Schedule on all building construction regulations and of Permit Fees" is hereby amended by adding a procedures, there is hereby created the building new table thereof as follows: code advisory and appeals board. Table No. R108.2 - BUILDING PERMIT FEES (b) Membership. The building code advisory 1. Permit Issuance Fee for each permit: $5.00 and appeals board shall consist of five (5) 2. Valuation Fee Schedule (in addition to members appointed by the city council. One (1) permit issuance fee) member shall be an architect or engineer $1.00 to $500.00 $10.00 registered in the State of Iowa, one (1) member $501.00 to $2,000.00 $10.00 for the first shall be a general building construction $500.00, plus contractor, one (1) member shall be a $1.60 for each additional $100.00 or fraction journeyman carpenter, and two (2) members thereof, to and including 2,000.00. shall be from the public at large. $2,001.00 to $25,000.00 $34.00 for the first (c) Term of Office. The term of office of all $2,000.00, plus board members shall be for three (3) years, $6.40 for each additional $1,000.00 or fraction except that initial appointments of one (1) thereof, to and including $25,000.00. member shall be for a term of one (1) year, two $25,001.00 to $50,000.00 $181.20 for the (2) members for two-year terms and two (2) first $25,000.00, members for three-year terms. plus $4.80 for each additional (d) Rules and Regulations. The board shall $1,000.00 or fraction thereof, to and including make such rules and prescribe such procedures $50,000.00. as may be reasonably necessary for its $50,001.00 to $100,000.00 $301.20 for the first operation, except that such rules shall include $50,000.00, the following: plus $3.20 for each additional $1000.00 or (1) Board Chairperson. The chairperson of the fraction thereof, to and including $100,000.00. board shall be a member of the board elected $100,001.00 and up $461.20 for the first annually by a majority of the board. $100,000.00, (2) Secretary of the board. The building plus $2.70 for each additional $1000.00 or official, or designee, shall be secretary of the fraction thereof. board. The secretary shall arrange for meetings Other Inspections and Fees and prepare and keep such minutes and records (1) Plan review fees when a plan is required by and perform such other clerical work as the Section R106 of the code, per hour of review board may direct. time..$45.00* (3) Quorum. Three (3) members shall (Minimum of one-hour charge and charged in constitute a quorum. The concurring vote of 1/2-hour increments beyond the first hour) three (3) members of the board shall be (2) Inspections outside of normal business necessary to pass any motion. hours, per hour..$45.00* (Minimum charge of (4) Service until appointment of successor. two (2) hours) Upon completion of the term of office, members (3) Inspections for which no fee is specifically of the building code board shall continue to indicated, per hour.$45.00* (Minimum charge of serve in their full capacity until their successor 1/2-hour) has been duly appointed. (4) Additional plan review required by (5) Meetings. The building code board shall changes, additions or revisions to approved meet upon call of the chairperson, secretary or plans, per hour..$45.00* (Minimum charge of city manager. Members of the building code 1/2-hour) board shall attend at least two-thirds of all * Or the total hourly cost to the jurisdiction, scheduled meetings within a twelve-month whichever is the greatest. This cost shall period. If any member does not attend such include outside plan review expense, prescribed number of meetings, it shall supervision, overhead, equipment, hourly wages constitute grounds for the board to recommend and fringe benefits of the employees involved. to the city council that said member be replaced. Section R112 Board of Appeals. Section R112 (6) Attendance. The secretary shall enter the "Board of Appeals" is hereby amended by attendance of all members on the minutes. repealing such section and replacing such Regular Session, June 3, 2002 247 (7) Conformity with open meetings law. All and that the material, method or work offered is, meetings shall be held in conformance with for the purpose intended, at least equivalent to provisions of the Iowa Open Meetings Law. that prescribed by this code in suitability, (8) Minutes. The building code board shall file strength, effectiveness, durability, fire resistance with the city council a copy of the minutes of and safety. each meeting of the board within ten (10) Section R113 Violations. Section R113, working days after such meeting. "Violations" is hereby amended by repealing (9) Administrative policies. All administrative, such section and replacing such section with a personnel, accounting, budgetary, and new section in lieu thereof as follows: procedural policies of the city shall govern the Section R113 Violations building code board in all of its operations. It shall be unlawful for any person, firm or (10) Duties when serving as an appeals corporation to erect, construct, enlarge, alter, board. Any person who is aggrieved by a repair, move, improve, remove, convert or decision of the building official on any demolish, equip, use, occupy or maintain any requirements resulting from the enforcement of building or structure or cause or permit the same the building code, may appeal from such to be done in violation of this code. decision to the building code board and said The doing of any act, or the omission of any board shall serve as an appeal board. In case act, declared to be unlawful by this code, or any the aggrieved party is a member of said board, code or ordinance herein adopted by reference said member shall be disqualified as a member shall be deemed a separate offense for each of the board acting as an appeal board, until the and every day or portion thereof during which person aggrieved has been heard and a any such unlawful act is committed, continued or decision rendered. permitted and upon conviction shall be The appeal shall be made by the person punishable as provided in Chapter l of the Code aggrieved, giving written notice of such appeal of Ordinances. The penalty herein provided to the building official within seven (7) days of shall be cumulative with and in addition to the receipt of decision from which the appeal is revocation, cancellation or forfeiture of any taken. The building code board sitting as an license or permit elsewhere in this code appeal board shall meet within ten (10) working provided for violation thereof. days after receiving such notice and render a Sec. R310. Section R310, “Emergency Escape decision within five (5) working days thereafter. and Rescue Openings” is hereby amended as Any interested party, including the building follows: official, shall have the right to present their case Sec. R310 Emergency Escape and Rescue to the appeal board, whose decision shall be Openings final unless appealed to the district court as Section 310.1 Emergency escape and rescue provided by law. required. The board of appeals may reverse or modify a Add exceptions to Section 310.1: decision of the building official only on finding EXCEPTIONS: that: 1. Basements without bedrooms that provide a a. The building official had incorrectly second stairway that terminates in a room interpreted the provision of this code; separate from the first stairway. b. The decision of the building official creates 2. The finished sill height may exceed 44 an unnecessary hardship upon the appellant. inches (1118 mm) above the floor if approved by The board of appeals shall require that the building official and the following conditions sufficient evidence or proof be submitted to are met: substantiate any claims made regarding the use The exterior finish grade is more than 36 of alternates. inches (914 mm) above the interior floor level of All appeal hearings shall be conducted in the room, OR altering the exterior configuration accordance with the procedures specified in this of the building would adversely affect the code. historical significance of the building. (e) Limitations of Authority. The Board of A platform capable of supporting a live load of Appeals shall have no authority relative to 300 pounds shall be permanently affixed at the interpretation of the administrative provisions of interior of the window. This platform shall be no this code nor shall the Board be empowered to lower than 20 inches (508 mm) above the floor waive requirements of this code. and no higher than 36 inches (914 mm) above In so modifying or reversing such decision of the floor. The distance from the platform to the the building official, the board of appeals may finished sill height shall not exceed 36 inches authorize any alternate to the decision of the (914 mm). The platform shall extend outward building official and the provisions, provided it from the wall a minimum of 24 inches (610 mm) finds the proposed material or method of and shall be at least as wide as the clear construction is satisfactory for the use intended openable width of the window. and complies with the provisions of this code, 248 Regular Session, June 3, 2002 The escape or rescue window shall have a Section 3. This Ordinance shall be in effect minimum clear openable area of 9 square feet after its final passage, approval and publication (0.84 m2), with a minimum dimension of 36 as required by law. rd inches (914 mm). Passed, approved and adopted this 3day of The building is equipped with smoke detectors June, 2002. installed in accordance with Section R317. Terrance M. Duggan, Mayor Sec. R316, Section R316 “Guards” is hereby Attest: Jeanne F. Schneider, City Clerk amended by adding exception #2 to subsection Published officially in the Telegraph Herald the th R316.1 “Guards required” as follows: 10 day of June, 2002. EXCEPTIONS: Jeanne F. Schneider, City Clerk 1.T he triangular openings formed by the riser, 1t 6/10 tread and bottom element of a guardrail at the Michalski moved that the requirement that a open side of a stairway may be of such size that proposed Ordinance be considered and voted a sphere 6 inches (152 mm) in diameter cannot on for passage at two Council Meetings prior to pass through. the meeting at which it is to be finally passed be 2. The measurement shall be made at 18 suspended and further moved final inches (462 mm) above the surface of the stair consideration and passage of the Ordinance. tread. Seconded by Nicholson. Vote on the motion Sec.R315. Section R315.1 , “Handrails” is was as follows: Yeas--Nicholson, Michalski. hereby amended by adding exception #3 as Nays--Buol, Cline, Connors, Duggan, Markham. follows: Motion Failed. Markham moved that the EXCEPTIONS: requirement that a proposed Ordinance be 1. Handrails shall be permitted to be considered and voted on for passage at two interrupted by a newel post at a turn. Council Meetings prior to the meeting at which it 2.The use of a volute, turnout or starting is to be finally passed be suspended and further easing shall be allowed over the lowest tread. moved final consideration and passage of the 3. Top rails may be interrupted by walls. Ordinance, as amended to not include Appendix Sec. R404 Foundation Walls. Section F – Radon control methods. Seconded by Buol. R404.1.2, "Foundation Walls" is hereby Motion carried 7-0. amended by adding an exception as follows: EXCEPTION: International Building Code: City Manager The following reinforcement requirements may recommending adoption of the 2000 be used as an alternative for 8” (204 mm) thick International Building Code (IBC) published by concrete foundation walls between 96 (2438 the International Code Council, Inc., presented mm) and 120 inches (3048 mm) in height: #4 and read. Buol moved that the communication bars 20 inches (508 mm) on center vertically be received and filed. Seconded by Markham. and #4 bars 24 inches (610 mm) on center Motion carried 7-0. horizontally. Chapter 11. Chapter 11"Energy Efficiency" is An Ordinance Amending the Code of hereby amended by deleting the entire chapter. Ordinances, City of Dubuque, Iowa by repealing Sec. P2603.6 Freezing. Section P2603.6, Section 11-1 and Section 11-2 and enacting new "Freezing" is hereby amended by repealing the Sections 11-1 and 11-2 thereof adopting the last sentence and replacing such sentence with 2000 International Building Code for the City of a new sentence in lieu thereof as follows: Dubuque, Iowa and providing for the issuance of Water service pipe shall be installed 6 inches permits and collection of fees therefore, (152 mm) below the frost line. presented and read. Sec. P3114 Air Admittance Valves. Section OFFICIAL PUBLICATION P3114.3, "Where permitted" is hereby amended ORDINANCE NO. 45-02 by repealing such section and replacing such AN ORDINANCE AMENDINGTHE CODE OF section with a new section in lieu thereof as ORDINANCES, CITY OF DUBUQUE, IOWA BY follows: REPEALING SECTION 11-1 AND SECTION Individual vents, branch vents, circuit vents 11-2 AND ENACTING NEW SECTIONS 11-1 and stack vents shall be permitted to terminate AND 11-2 IN LIEU THEREOF ADOPTING THE with a connection to an air admittance valve 2000 INTERNATIONAL BUILDING CODE FOR when approved by the building official or their THE CITY OF DUBUQUE, IOWA AND agent in cases where structural or existing PROVIDING FOR THE ISSUANCE OF conditions do not allow for the termination of a PERMITS AND COLLECTION OF FEES vent to the open air. THEREFOR Part VIII Electrical. Part VIII "Electrical" is hereby amended by deleting Chapters 33-42 in NOW, THEREFORE, BE IT ORDAINED BY their entirety. THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Regular Session, June 3, 2002 249 Section 1. That Section 11-1 of the Code of Wherever in this code reference is made to the Ordinances of the City of Dubuque, Iowa be appendix, the provisions in the appendix shall amended by repealing Section 11-1 and not apply unless specifically adopted. enacting a new Section 11-1 in lieu thereof as Sec. 102. Section 102, "Unsafe Buildings or follows: Structures" is hereby amended by repealing Sec. 11-1. International Building Code - such section and replacing such section with a Adopted. new section in lieu thereof as follows: Except as hereinafter added to, deleted, Sec. 102. Unsafe Buildings or Structures modified or amended, there is hereby adopted All buildings or structures regulated by this by reference as the building code of the city that code which are structurally unsafe or not certain building code known as the International provided with adequate egress, or which Building Code, 2000 Edition and as published by constitute a fire hazard, or are otherwise the International Code Council, Inc., and the dangerous to human life are, for the purpose of provisions of such building code shall be this section, unsafe. Any use of buildings or controlling in the construction of buildings and structures constituting a hazard to safety, health other structures and in all matters covered by or public welfare by reason of inadequate such building code within the corporate limits of maintenance, dilapidation, obsolescence, fire the city and shall be known as the "Dubuque hazard, disaster, damage or abandonment is, for Building Code." A copy of the International the purpose of this section, an unsafe use. Building Code, 2000 Edition, as adopted, shall Parapet walls, cornices, spires, towers, tanks, be on file in the office of the city clerk for public statuary and other appendages or structural inspection. members which are supported by, attached to, Section 2. That the Code of Ordinances of the or a part of a building and which are in City of Dubuque, Iowa be amended by repealing deteriorated condition or otherwise unable to Section 11-2 and enacting a new section 11-2 in sustain the design loads which are specified in lieu thereof as follows: this code are hereby designated as unsafe Section 11-2. The code adopted by Section building appendages. 11-1 of this chapter is hereby amended as All such unsafe buildings, structures or follows: appendages are hereby declared to be public Sec. 101.3 Section 101.3 "Scope" is hereby nuisances and shall be abated by repair, amended by repealing Sec. 101.3 and enacting rehabilitation, demolition or removal in a new Sec. 101.3 to read as follows: accordance with the procedures set forth in Sec. 101.3 Scope. The provisions of this code Article II of Chapter 11 of the Code of shall apply to the construction, alteration, Ordinances. moving, demolition, repair, maintenance and use Sec. 108 Section 108, "Fees," hereby is of any building or structure within this amended by repealing subsection 108.2, "Permit jurisdiction, except work located primarily in a Fees" and replacing such subsection with new public way, public utility towers and poles, subsections in lieu thereof as follows: mechanical equipment not specifically regulated 108.2.1 Permit Fees. The fee for each permit in this code, and hydraulic flood control shall be as set forth in Table No. structures. 108.2. The determination of value or valuation For additions, alterations, moving and under any of the provisions of this code shall be maintenance of buildings and structures, see made by the building official. The value to be Chapter 34. For temporary buildings and used in computing the building permit fee for structures, see Section 3103 and Appendix new construction shall be the cost of all building Chapter 31. materials and the usual cost of labor whether Historic buildings. Repairs, alterations and such labor is performed by the owners or others. additions necessary for the preservation, Such valuation may exclude the cost of the lot or restoration, rehabilitation, continued use or improvements to the lot such as grading, change of use of a historic building may be landscaping, walks or drives, and/or the cost of made in compliance with the provisions of the the air conditioning, electrical, heating, plumbing 1997 Edition of the Uniform Code for Building or ventilation systems, for which separate Conservation (UCBC). inspection fees are charged; however, the Where, in any specific case, different sections approximate value of these items shall be shown of this code specify different materials, methods on the permit in the space provided for that of construction or other requirements, the most purpose. restrictive shall govern. The valuations for alterations, repairs, Where there is a conflict between a general replacement or remodeling shall include the cost requirement and a specific requirement, the of materials and the usual cost of labor, whether specific requirement shall be applicable. such labor is performed by the owner or by others, for the installation or construction of any repair, replacement or remodeling which 250 Regular Session, June 3, 2002 becomes an integral part of the building or (5) Additional plan review required by structure. changes, additions or revisions to approved The payment of fees under this section of the plans, per hour..$30.00* (minimum charge of code shall not relieve the applicant, permit 1/2-hour) holder or other persons from the payment of any * Or the total hourly cost to the jurisdiction, other fee or fees that may be prescribed by this whichever is the greatest. This cost shall code, by law or by ordinance. No fee shall be include outside plan review expense, required for buildings owned and used supervision, overhead, equipment, hourly wages exclusively by the city. and fringe benefits of the employees involved. 108.2.2 Plan Review Fees. When a plan or Sec. 112. Section 112, "Board of Appeals," is other data is required to be submitted by hereby amended by repealing such section and subsection 106.1 of this code, a plan review fee replacing such section with a new section in lieu shall be due and payable prior to the issuance of thereof as follows: a permit. Such plan review fee shall be as set Sec. 112. Building Code and Advisory forth in Table No.108.2. Appeals Board. The plan review fees specified in this (a) Board Established. In order to determine subsection are separate fees from the permit the suitability of alternative building materials fees specified in Section 108.1 and are in and methods of building construction, to provide addition to the permit fees. for reasonable interpretation of the provisions of When plans are incomplete or changed so as the building code, and to advise the city council to require additional plan review, an additional on all building construction regulations and plan review fee shall be charged as set forth in procedures, there is hereby created the building Table No.108.2. code advisory and appeals board. Table No. 108.2 - BUILDING PERMIT FEES (b) Membership. The building code advisory 1. Permit Issuance Fee for each permit: $5.00 and appeals board shall consist of five (5) members appointed by the city council. One (1) 2. Valuation Fee Schedule (in addition to member shall be an architect or engineer permit issuance fee) registered in the State of Iowa, one (1) member $1.00 to $500.00 $10.00 shall be a general building construction $501.00 to $2,000.00 $10.00 for the first contractor, one (1) member shall be a $500.00, plus $1.60 for each additional journeyman carpenter, and two (2) members $100.00or fraction thereof, to and including shall be from the public at large. $2,000.00. (c) Term of Office. The term of office of all $2,001.00 to $25,000.00 $34.00 for the board members shall be for three (3) years, first $2,000.00, plus $6.40 for each additional except that initial appointments of one (1) $1,000.00 or fraction thereof, to and including member shall be for a term of one (1) year, two $25,000.00. (2) members for two-year terms and two (2) $25,001.00 to $50,000.00 $181.20 for the members for three-year terms. first $25,000.00, plus $4.80 for each additional (d) Rules and Regulations. The board shall $1,000.00 or fraction thereof, to and including make such rules and prescribe such procedures $50,000.00. as may be reasonably necessary for its $50,001.00 to $100,000.00 $301.20 for the operation, except that such rules shall include first $50,000.00, plus $3.20 for each the following: additional $1000.00 or fraction thereof, to and (1) Board Chairperson. The chairperson of the including $100,000.00. board shall be a member of the board elected $100,001.00 and up $461.20 for the first annually by a majority of the board. $100,000.00, plus $2.70 for each additional (2) Secretary of the board. The building $1000.00 or fraction thereof. official, or designee, shall be secretary of the Other Inspections and Fees board. The secretary shall arrange for meetings (1) Plan review fees when a plan is required by and prepare and keep such minutes and records section 302(b) of the and perform such other clerical work as the code, per hour of review time -- $30.00* board may direct. (minimum of one-hour charge and charged in (3) Quorum. Three (3) members shall 1/2-hour increments beyond the first hour) constitute a quorum. The concurring vote of (2) Inspections outside of normal business three (3) members of the board shall be hours, per hour.$45.00* (minimum charge of necessary to pass any motion. two (2) hours) (4) Service until appointment of successor. (3) Reinspection fee assessed under Upon completion of the term of office, members provisions of Section 305(g), each. $30.00* of the building code board shall continue to (4) Inspections for which no fee is specifically serve in their full capacity until their successor indicated, per hour.$30.00* (minimum charge of has been duly appointed. 1/2-hour) Regular Session, June 3, 2002 251 (5) Meetings. The building code board shall (e) Limitations of Authority. The Board of meet upon call of the chairperson, secretary or Appeals shall have no authority relative to city manager. Members of the building code interpretation of the administrative provisions of board shall attend at least two-thirds of all this code nor shall the Board be empowered to scheduled meetings within a twelve-month waive requirements of this code. period. If any member does not attend such In so modifying or reversing such decision of prescribed number of meetings, it shall the building official, the board of appeals may constitute grounds for the board to recommend authorize any alternate to the decision of the to the city council that said member be replaced. building official and the provisions, provided it (6) Attendance. The attendance of all finds the proposed material or method of members shall be entered on the minutes by the construction is satisfactory for the use intended secretary. and complies with the provisions of this code, (7) Conformity with open meetings law. All and that the material, method or work offered is, meetings shall be held in conformance with for the purpose intended, at least equivalent to provisions of the Iowa Open Meetings Law. that prescribed by this code in suitability, (8) Minutes. The building code board shall file strength, effectiveness, durability, fire resistance with the city council a copy of the minutes of and safety. each meeting of the board within ten (10) Sec. 113 Section 113, "Violations" is hereby working days after such meeting. amended by repealing such section and (9) Administrative policies. All administrative, replacing such section with a new section in lieu personnel, accounting, budgetary, and thereof as follows: procedural policies of the city shall govern the Sec. 113 Violations building code board in all of its operations. It shall be unlawful for any person, firm or (10) Duties when serving as an appeals corporation to erect, construct, enlarge, alter, board. Any person who is aggrieved by a repair, move, improve, remove, convert or decision of the building official on any demolish, equip, use, occupy or maintain any requirements resulting from the enforcement of building or structure or cause or permit the same the building code, may appeal from such to be done in violation of this code. decision to the building code board and said The doing of any act, or the omission of any board shall serve as an appeal board. In case act, declared to be unlawful by this code, or any the aggrieved party is a member of said board, code or ordinance herein adopted by reference said member shall be disqualified as a member shall be deemed a separate offense for each of the board acting as an appeal board, until the and every day or portion thereof during which person aggrieved has been heard and a any such unlawful act is committed, continued or decision rendered. permitted and upon conviction shall be The appeal shall be made by the person punishable as provided in Chapter 1 of the Code aggrieved, giving written notice of such appeal of Ordinances. The penalty herein provided to the building official within seven (7) days of shall be cumulative with and in addition to the receipt of decision from which the appeal is revocation, cancellation or forfeiture of any taken. The building code board sitting as an license or permit elsewhere in this code appeal board shall meet within ten (10) working provided for violation thereof. days after receiving such notice and render a Section 3. This Ordinance shall be in effect decision within five (5) working days thereafter. after its final passage, approval and publication Any interested party, including the building as required by law. rd official, shall have the right to present their case Passed, approved and adopted this 3 day of to the appeal board, whose decision shall be June, 2002. final unless appealed to the district court as Terrance M. Duggan, Mayor provided by law. Attest: Jeanne F. Schneider, City Clerk The board of appeals may reverse or modify a Published officially in the Telegraph Herald the th decision of the building official only on finding 10 day of June, 2002. that: Jeanne F. Schneider, City Clerk a. The building official had incorrectly 1t 6/10 interpreted the provision of this code; Buol moved that the requirement that a b. The decision of the building official creates proposed Ordinance be considered and voted an unnecessary hardship upon the appellant. on for passage at two Council Meetings prior to The board of appeals shall require that the meeting at which it is to be finally passed be sufficient evidence or proof be submitted to suspended and further moved final substantiate any claims made regarding the use consideration and passage of the Ordinance. of alternates. Seconded by Markham. Motion carried 7-0. All appeal hearings shall be conducted in accordance with the procedures specified in this Electrical Code: City Manager recommending code. adoption of the 2002 National Electric Code 252 Regular Session, June 3, 2002 (NEC) published by the National Fire Protection more of the exterior wall surface area level with Association (NFPA), presented and read. Buol or above finished grade. moved that the communication be received and Section 3. When Effective. This Ordinance filed. Seconded by Michalski. Motion carried 7-shall take effect immediately upon publication as 0. provided by law. Passed, approved and adopted this 3rd day of An Ordinance Amending the Code of June, 2002. Ordinances, City of Dubuque, Iowa by repealing Terrance M. Duggan, Mayor Section 18-1 thereof and enacting a new Section Attest: Jeanne F. Schneider, City Clerk 18-1 pertaining to revising and reenacting an Published officially in the Telegraph Herald th Electrical Code for the City of Dubuque, Iowa newspaper this 10 day of June, 2002. and providing for the issuance of permits and Jeanne F. Schneider, City Clerk collection of fees therefore, presented and read. 1t 6/10 Buol moved that the requirement that a proposed Ordinance be considered and voted OFFICIAL PUBLICATION on for passage at two Council Meetings prior to ORDINANCE NO.46-02 the meeting at which it is to be finally passed be AN ORDINANCE OF THE CITY OF DUBUQUE, suspended and further moved final IOWA PROVIDING THAT THE CODE OF consideration and passage of the Ordinance. ORDINANCES, CITY OF DUBUQUE, IOWA BE Seconded by Michalski. Motion carried 7-0. AMENDED BY REPEALING SECTION 18-1 THEREOF AND ENACTING A NEW SECTION Heating, Air Conditioning and Ventilating 18-1 THEREOF PERTAINING TO REVISING (Mechanical) Code: City Manager AND REENACTING AN ELECTRICAL CODE recommending adoption of the 2000 Uniform FOR THE CITY OF DUBUQUE, IOWA AND Mechanical Code (UMC) published by the PROVIDING FOR THE ISSUANCE OF International Association of Plumbing and PERMITS AND COLLECTION OF FEES Mechanical Officials (IAPMO), presented and THEREFOR. read. Cline moved that the communication be NOW, THEREFORE, BE IT ORDAINED BY received and filed. Seconded by Nicholson. THE CITY COUNCIL OF THE CITY OF Motion carried 7-0. DUBUQUE, IOWA: Section 1. That Section 18-1 of the Code of An Ordinance Amending the Code of Ordinances of the City of Dubuque, Iowa be Ordinances, City of Dubuque, Iowa by repealing amended by repealing Section 18-1 and Section 24-1 thereof and enacting a new Section enacting a new Section 18-1 in lieu thereof: 24-1 pertaining to revising and reenacting a Section 18-1 Mechanical Code for the City of Dubuque, Iowa Except as hereinafter added to, deleted, and providing for the issuance of permits and modified or amended, there is hereby adopted collection of fees therefore, presented and read. by reference as the electrical code of the City that certain electrical code known as the OFFICIAL PUBLICATION National Electrical Code, 2002 Edition, as ORDINANCE NO. 47-02 prepared and edited by the National Fire AN ORDINANCE OF THE CITY OF DUBUQUE, Protection Agency, Quincy, Massachusetts, and IOWA PROVIDING THAT THE CODE OF the provisions of such electrical code shall be ORDINANCES, CITY OF DUBUQUE, IOWA BE controlling in the supply of electricity and in the AMENDED BY REPEALING SECTION 24-1 installation, maintenance and use of all electrical THEREOF AND ENACTING A NEW SECTION conductors and equipment and installation of 24-1 THEREOF PERTAINING TO REVISING optical fiber cable within the corporate limits of AND REENACTING A MECHANICAL CODE the City and shall be known as the “Dubuque FOR THE CITY OF DUBUQUE, IOWA AND Electrical Code”. A copy of the National PROVIDING FOR THE ISSUANCE OF Electrical Code, 2002 Edition, as adopted, shall PERMITS AND COLLECTION OF FEES be on file in the office of the City Clerk for public THEREFOR. inspection. NOW, THEREFORE, BE IT ORDAINED BY Section 2. That Section 18-2 of the Code of THE CITY COUNCIL OF THE CITY OF Ordinances of the City of Dubuque, Iowa be DUBUQUE, IOWA: amended by amending Section 18-2 as follows: Section 1. That Section 24-1 of the Code of Section 334.12 is hereby amended by adding : Ordinances of the City of Dubuque, Iowa be Section334.12 (A) (11)—In any structure amended by repealing Section 24-1 and exceeding three floors above finished grade. For enacting a new Section 24-1 in lieu thereof: the purposes of this article, the first floor of a Section 24-1 building shall be that floor that has 50 percent or Except as hereinafter added to, deleted, modified or amended, there is hereby adopted Regular Session, June 3, 2002 253 by reference as the mechanical code of the City Section 27-72 Exemptions from Employment that certain mechanical code known as the Practices; by amending Section 27-81(a) “Uniform Mechanical Code”, 2000 Edition, Relating to Employment Prohibited Practices; by including the 2000 Uniform Mechanical Code amending Section 27-82 Concerning Appendices as prepared and edited by the Exemptions to Disability Discrimination by International Association of Plumbing and Religious Entities and the Family Exemptions Mechanical Officials, Walnut, California, and the and the Employment Prohibitions; by amending provisions of such mechanical code shall be Section 27-84(e) which changes “Transportation controlling for the installation, maintenance and Employees” to “Governmental Regulations”; by use of heating, ventilating, cooling, refrigeration amending Section 27-85(a) Relating to systems, incinerators and other miscellaneous Prohibited Practices in Public Accommodations heat-producing appliances within the corporate and Section 27-85(c) Relating to Prohibited limits of the City and shall be known as the Practices in Public Accommodations; by “Dubuque Mechanical Code”. A copy of the Amending Section 27-111 Clarifying who can file Uniform Mechanical Code, 2000 Edition, as civil rights complaints; by amending Section 27- adopted, shall be on file in the office of the City 114 Clarifying the ability of the Director to screen Clerk for public inspection. complaints; by amending Section 27-116(a) Section 2. When Effective. This Ordinance Concerning the remedial action in contested shall take effect immediately upon publication as cases; by amending Section 27-117 clarifying provided by law. the Section and by deleting extraneous words; rd Passed, approved and adopted this 3 day of by repealing Section 27-119 Procedural Rules; June, 2002. by amending Section 27-121 concerning how Terrance M. Duggan, Mayor the Chapter is to be construed; and by Attest: Jeanne F. Schneider, City Clerk substituting a new definition of “Person” in Published officially in the Telegraph Herald the Section 27-130, presented and read. Buol th 10 day of June, 2002. moved that the requirement that a proposed Jeanne F. Schneider, City Clerk Ordinance be considered and voted on for 1t 6/10 passage at two Council Meetings prior to the Cline moved that the requirement that a meeting at which it is to be finally passed be proposed Ordinance be considered and voted suspended and further moved final on for passage at two Council Meetings prior to consideration and passage of the Ordinance. the meeting at which it is to be finally passed be Seconded by Markham. No vote taken on this suspended and further moved final motion. consideration and passage of the Ordinance. Nicholson moved to table action on this Seconded by Nicholson. Motion carried 7-0. Ordinance. Seconded by Cline. Motion carried 7-0. Human Relations Ordinance: City Manager recommending adoption of an amendment to Affordable Housing Task Force: City Manager Chapter 27, “Human Relations” of the Code of providing additional information and requesting Ordinances to make the Ordinance more City Council direction on the recommendations consistent with actual practices, clarify some presented in the December 2001 report of the provisions and remove others, and tighten some Affordable Owner-Occupied Housing sections by removing extraneous language, Committee, presented and read. Markham presented and read. Buol moved that the moved to receive and file the communication communication be received and filed. Seconded and direct staff to schedule a worksession to by Markham. Motion carried 7-0. discuss this matter. Seconded by Nicholson. Carried by the following motion: Yeas--Buol, An Ordinance Amending the City Of Dubuque Cline, Connors, Markham, Michalski, Nicholson. Code of Ordinances Section 27-1 by substituting Nays--Duggan. new definitions for “Court,” “Person,” and “Unfair th Practice or Discriminatory Practice”; by Expansion of Parking Meter District on 8 amending Section 27-23(b) Relating to Street and Main Street (First Reading on 5/6/02; Meetings; by amending Section 27-27(4), (6) Second Reading on 5/20/02): An Ordinance and (7) Clarifying the Powers and Duties of Amending Section 32-336 of the City of Commissioners; by amending Section 27-29 Dubuque Code of Ordinances, establishing the Relating to the Issuance of Subpoenas; by Municipal Parking Meter District by adding both amending Section 27-51(1) and (2) Relating to sides of Eighth Street from Main Street to Locust Illegal “Aiding or Abetting”; by amending 27-Street and both sides of Main Street from Fifth 52(1) Concerning Involuntary Retirement of Street to Ninth Street, presented and read. Persons; by amending Section 27-61 Nicholson moved final consideration and Concerning Prohibited Practices in passage of the Ordinance. Seconded by Buol. Accommodations or Services; by amending Vote on the motion was as follows: Yeas--Buol, 254 Regular Session, June 3, 2002 Markham, Nicholson. Nays--Cline, Connors, the proposed plans and specifications, form of Duggan, Michalski. Motion failed. contract and cost of said improvement, and the City Clerk be and is hereby directed to cause a Greater Dubuque Development Corporation: notice of time and place of such hearing to be Communication from Rick Dickinson, Executive published in a newspaper having general Director of Greater Dubuque Development circulation in the City of Dubuque, Iowa, which Corporation, requesting appointments to the notice shall be not less than four days nor more GDDC Board of Directors (currently Mayor, than twenty days prior to the day fixed for its Council Member Dan Nicholson and Council consideration. At the hearing, any interested Member Patricia Cline, City Manager and person may appear and file objections to the Economic Development Director), presented proposed plans, specifications, contract, or and read. Michalski moved that the estimated cost of the improvement. communication be received and filed and Passed, approved and adopted this 3rd day of reaffirmed the same appointments. Seconded June, 2002. by Markham. Motion carried 7-0. Terrance M. Duggan, Mayor ITEMS TO BE SET FOR PUBLIC HEARING Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Education and Conference Center – Bid Seconded by Buol. Motion carried 7-0. Package #2 Project: City Manager RESOLUTION NO. 296-02 recommending initiation of the bidding process ORDERING BIDS for the Education and Conference Center Bid Package #2 Project and setting a public hearing NOW THEREFORE, BE IT RESOLVED BY for July 1, 2002, presented and read. Cline THE COUNCIL OF THE CITY OF DUBUQUE, moved that the communication be received and IOWA: filed. Seconded by Buol. Motion carried 7-0. That the Education and Conference Center– Bid Package #2 is hereby ordered to be RESOLUTION NO. 294-02 advertised for bids for construction. PRELIMINARY APPROVAL OF BE IT FURTHER RESOLVED, that the amount PLANS AND SPECIFICATIONS of the security to accompany each bid shall be in NOW THEREFORE, BE IT RESOLVED BY an amount which shall conform to the provisions THE CITY COUNCIL OF THE CITY OF of the notice to bidders hereby approved as a DUBUQUE, IOWA: part of the plans and specifications heretofore That the proposed plans, specifications, form adopted. of contract and estimated cost for the Education That the City Clerk is hereby directed to and Conference Center– Bid Package #2, in the advertise for bids for the construction of the estimated amount of $686,650.00 are hereby improvements herein provided, to be published approved and ordered filed in the office of the in a newspaper having general circulation in the City Clerk for public inspection. City of Dubuque, Iowa, which notice shall not be Passed, approved and adopted this day of less than four days nor more than forty-five days 2002. prior to the receipt of said bids at 2:00 p.m. on th Terrance M. Duggan, Mayor the 20 day of June, 2002. Bids shall be opened Attest: Jeanne F. Schneider, City Clerk and read by the City Clerk at said time and will Cline moved adoption of the Resolution. be submitted to the Council for final action at st Seconded by Buol. Motion carried 7-0. 6:30 p.m. on the 1 day of July, 2002. rd Passed, approved and adopted this 3 day of RESOLUTION NO. 295-02 June, 2002. FIXING DATE OF HEARING Terrance M. Duggan, Mayor ON PLANS AND SPECIFICATIONS Attest: Jeanne F. Schneider, City Clerk Whereas, the City Council of the City of Cline moved adoption of the Resolution. Dubuque, Iowa has given its preliminary Seconded by Buol. Motion carried 7-0. approval on the proposed plans, specifications, and form of contract and placed same on file in Bunker Hill Sidewalk Installation Project: City the office of the City Clerk for public inspection Manager recommending initiation of the bidding of the Education and Conference Center– Bid process for the Bunker Hill Sidewalk Installation Package #2. Project and setting a public hearing for July 1, NOW THEREFORE, BE IT RESOLVED BY 2002, presented and read. Cline moved that the THE CITY COUNCIL OF THE CITY OF communication be received and filed. Seconded DUBUQUE, IOWA: by Buol. Motion carried 7-0. That on the 1st day of July, 2002, a public RESOLUTION NO. 297-02 hearing will be held at 6:30 p.m. in the Public PRELIMINARY APPROVAL OF Library Auditorium at which time interested PLANS AND SPECIFICATIONS persons may appear and be heard for or against Regular Session, June 3, 2002 255 NOW THEREFORE, BE IT RESOLVED BY of the notice to bidders hereby approved as a THE CITY COUNCIL OF THE CITY OF part of the plans and specifications heretofore DUBUQUE, IOWA: adopted. That the proposed plans, specifications, form That the City Clerk is hereby directed to of contract and estimated cost for the Bunker Hill advertise for bids for the construction of the Sidewalk Installation Project in the estimated improvements herein provided, to be published amount of $77,387.64, are hereby approved and in a newspaper having general circulation in the ordered filed in the office of the City Clerk for City of Dubuque, Iowa, which notice shall not be public inspection. less than four days nor more than forty-five days rd Passed, adopted and approved this 3 day of prior to the receipt of said bids at 2:00 p.m. on th June, 2002. the 18 day of June, 2002. Bids shall be Terrance M. Duggan, Mayor opened and read by the City Clerk at said time Attest: Jeanne F. Schneider, City Clerk and will be submitted to the Council for final st Cline moved adoption of the Resolution. action at 6:30 p.m. on the 1 day of July, 2002. rd Seconded by Buol. Motion carried 7-0. Passed, adopted and approved this 3 day of June, 2002. RESOLUTION NO. 298-02 Terrance M. Duggan, Mayor FIXING DATE OF HEARING Attest: Jeanne F. Schneider, City Clerk ON PLANS AND SPECIFICATIONS Cline moved adoption of the Resolution. Whereas, the City Council of the City of Seconded by Buol. Motion carried 7-0. Dubuque, Iowa has given its preliminary approval on the proposed plans, specifications, The following item was deleted from the and form of contract and placed same on file in Agenda: Port of Dubuque Utility Relocation and the office of the City Clerk for public inspection Extension Project – Phase III, City Manager of the Bunker Hill Sidewalk Installation Project. recommending initiation of the bidding process NOW THEREFORE, BE IT RESOLVED BY for the Port of Dubuque Utility Relocation and THE CITY COUNCIL OF THE CITY OF Extension Project – Phase III and setting a DUBUQUE, IOWA: public hearing for July 1, 2002; Resolution st That on the 1 day of July, 2002, a public Preliminary approval of plans and specifications; hearing will be held at 6:30 p.m. in the Public Resolution Fixing date of hearing on plans and Library Auditorium at which time interested specifications; Resolution Ordering bids. persons may appear and be heard for or against the proposed plans and specifications, form of There being no further business, Buol moved contract and cost of said improvement, and the to adjourn. Seconded by Michalski. Motion City Clerk be and is hereby directed to cause a carried 7-0. The meeting adjourned at 7:49 P.M. notice of time and place of such hearing to be published in a newspaper having general /s/ Jeanne F. Schneider, CMC circulation in the City of Dubuque, Iowa, which City Clerk notice shall be not less than four days nor more 1t 6/12 than twenty days prior to the day fixed for its consideration. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, contract, or estimated cost of the improvement. rd Passed, adopted and approved this 3 day of June, 2002. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk Cline moved adoption of the Resolution. Seconded by Buol. Motion carried 7-0. RESOLUTION NO. 299-02 ORDERING BIDS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the Bunker Hill Sidewalk Installation Project is hereby ordered to be advertised for bids for construction. BE IT FURTHER RESOLVED, that the amount of the security to accompany each bid shall be in an amount which shall conform to the provisions 256 Regular Session, June 3, 2002 Approved:__________________________2002 Adopted:___________________________2002 ______________________________________ Mayor ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ Council Members Attest: ______________________________________ City Clerk Special Session, June 10, 2002 257 Section 2. That the City Clerk is hereby DUBUQUE authorized and directed to cause notices to be published of the proposed extension in the CITY COUNCIL manner prescribed by law. OFFICIAL Passed, approved and adopted this 10th day PROCEEDINGS of June, 2002 Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk City Council, Special Session, June 10, 2002 Markham moved adoption of the Resolution At 5:00 P.M. the Council met for Dinner in the and further set this matter for Public Hearing on Library Rotunda 6/17/02 at a meeting to commence at 6:30 P.M. Council met in Special Session at 5:30 P.M. in in the public library auditorium and that the City the Library Auditorium Clerk publish notice in the manner prescribed by Present: Mayor Duggan, Council Members law. Seconded by Buol. Motion carried 7-0. Buol, Cline, Connors, Markham, Michalski, Nicholson, City Manager Michael Van Milligen, Communication from the Dubuque City Corporation Counsel Barry Lindahl. Council to Mediacom Communications Corporation, presented and read. Michalski Mayor Duggan read the call and stated this is moved that the communication be received and a special session of the City Council called for filed and approved the communication. the purpose of acting upon such business which Seconded by Nicholson. Motion carried 7-0. may properly come before the City Council and discuss the design of the Conference and City Manager recommending that a public Education Center at the Port of Dubuque. hearing be set for June 17, 2002 to consider the First Amendment to the Lease Agreement City Manager recommending that a public between the City of Dubuque and the Dubuque hearing be set for June 17, 2002 to consider a County Historical Society, presented and read. lease extension to MCCIowa, L.L.C., presented Michalski moved that the communication be and read. Markham moved that the received and filed. Seconded by Nicholson. communication be received and filed. Motion carried 7-0. Seconded by Buol. Motion carried 7-0. RESOLUTION NO. 301-02 RESOLUTION NO. 300-02 RESOLUTION OF INTENT TO DISPOSE OF A RESOLUTION OF THE CITY'S INTENT TO AN INTEREST IN REAL PROPERTY BY FIRST GRANT A SHORT-TERM EXTENSION OF AN AMENDMENT TO LEASE WITH THE EXISTING CABLE SERVICES FRANCHISE DUBUQUE COUNTY HISTORICAL SOCIETY AND AN EXISTING HUB SITE LEASE TO Whereas, the City of Dubuque, Iowa (City) and MCCIOWA L.L.C. Dubuque County Historical Society (DCHS) Whereas, MCCIowa, L.L.C. (Mediacom) is the entered into a Lease Agreement (Lease) on current holder of a cable services franchise, June 5, 2000 for certain real property (Demised embodied in Ordinance No. 42-81, as modified Premises) described in Exhibit A thereto; and by a series of waivers and side agreements, and Whereas, City and DCHS desire to change the acquired from TCI of Iowa, Inc. via a transfer Demised Premises in the Lease as set forth in approved by the Dubuque City Council on June the First Amendment to Lease Agreement. 18, 2001; and And Whereas, the City Council has tentatively Whereas, one of the side agreements is a determined that it would be in the best interests lease to Mediacom to build and maintain a of the City to approve the First Amendment to network hub on City-owned property located at the Lease Agreement with DCHS. 1585 West Third Street in Dubuque; and NOW THEREFORE, BE IT RESOLVED BY Whereas, the terms of the franchise and of the THE COUNCIL OF THE CITY OF DUBUQUE, lease will expire June 30, 2002; and IOWA: Whereas, representatives of the City of Section 1. The City of Dubuque intends to Dubuque and of Mediacom have entered into dispose of its interest in the real property good faith negotiation of terms and conditions described in the First Amendment to Lease for the renewal of the franchise and the lease. Agreement between City and DCHS. NOW, THEREFORE, BE IT RESOLVED BY Section 2. The City Clerk is hereby authorized THE CITY COUNCIL OF THE CITY OF and directed to cause this Resolution and a DUBUQUE, IOWA: notice to be published as prescribed by Iowa Section 1. That the City of Dubuque intends to Code Section 364.7 of a public hearing on the extend the term of the cable services franchise City’s intent to dispose of the real property and the term of the lease to September 30, 2002 described in the First Amendment to Lease under the same terms and conditions as th Agreement, to be held on the 17 day of June, currently in effect; and 258 Special Session, June 10, 2002 2002, at 6:30 o’clock p.m. at the Public Library th Auditorium, 11 and Locust, Dubuque, Iowa. th Passed, approved and adopted this 10 day of Approved:__________________________2002 June, 2002. Terrance M. Duggan, Mayor Adopted:___________________________2002 Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution and further set this for Public Hearing on 6/17/02 ______________________________________ at a meeting to commence at 6:30 P.M. in the Mayor public library auditorium and that the City Clerk publish notice in the manner prescribed by law. ______________________________________ Seconded by Nicholson. Motion carried 7-0. ______________________________________ HOK Venue gave a presentation regarding the design of the Conference and Education Center ______________________________________ at the Port of Dubuque. Questions about the design, carpet and budget for this project were ______________________________________ answered. The Council, by consensus, gave approval of the proposed design at this time. ______________________________________ Jennifer Nye, of Austin, MN, spoke regarding ______________________________________ problems she has encountered over the years Council Members with various agencies within the City. Michalski moved to receive and file the material provided Attest: to the Council and referred the matter to the City Manager. Seconded by Markham. Motion ______________________________________ carried 7-0. City Clerk There being no further business, Buol moved to adjourn. Seconded by Markham. Motion carried 7-0. The meeting adjourned at 7:08 P.M. /s/ Jeanne F. Schneider, CMC City Clerk 1t 6/19 Special Session, June 12, 2002 259 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS Special Session, June 12, 2002 Approved:__________________________2002 Council met at 5:00 p.m., City Hall Conference Room B Adopted:___________________________2002 Present: Mayor Duggan, Council Members Buol, Cline, Connors, Markham, Michalski, Nicholson, City Manager Michael Van Milligen ______________________________________ Mayor Mayor Duggan read the call and stated this is a Special Session of the City Council called for ______________________________________ the purpose of evaluating the City Manager. ______________________________________ Motion made to go into Closed Session in accordance with Ch. 21.5 1(i) 2001 Code of ______________________________________ Iowa, to evaluate the professional competency of an individual whose appointment, hiring, ______________________________________ performance or discharge is being considered when necessary to prevent needless and or ______________________________________ irreparable injury to that individual’s reputation and that individual has requested a Closed ______________________________________ Session. Motion carried 7-0. Council Members City Manager Van Milligen left the Closed Attest: Session at 5:45 p.m. ______________________________________ Council reconvened in Regular Session at City Clerk 5:47 p.m., indicating the evaluation had been completed. There being no further business, Michalski moved to adjourn. Seconded by Cline. Motion carried 7-0. The meeting adjourned at 5:48 p.m. /s/ Jeanne F. Schneider, CMC City Clerk 1t 6/19 260 Special Session, June 17, 2002 DUBUQUE CITY COUNCIL OFFICIAL PROCEEDINGS City Council, Special Session, June 17, 2002 Approved:__________________________2002 Council met for Dinner at 5:00 P.M. in the Library Rotunda Adopted:___________________________2002 At 5:30 P.M. Council met in Special Session in the Library Auditorium. Present: Mayor Duggan, Council Members ______________________________________ Buol, Cline, Connors, Markham, Michalski, Mayor Nicholson, City Manager Michael Van Milligen, Corporation Counsel Barry Lindahl. ______________________________________ Mayor Duggan read the call and stated this is ______________________________________ a special session of the City Council called for the purpose of discussing the Owner-Occupied ______________________________________ Affordable Housing Committee Report. ______________________________________ City Housing and Community Development Director David Harris spoke giving a point by ______________________________________ point clarification of the report. Staff was directed to continue the work in this area. ______________________________________ Council Members There being no further business, Buol moved to adjourn. Seconded by Michalski. Motion Attest: carried 7-0. The special session adjourned at 6:28 P.M. ______________________________________ City Clerk /s/ Jeanne F. Schneider, CMC City Clerk 1t 6/26 Regular Session, June 17, 2002 261 and report. Seconded by Markham. Motion DUBUQUE carried 7-0. CITY COUNCIL Corporation Counsel advising that the OFFICIAL following claims have been referred to Public PROCEEDINGS Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Cottingham City Council, Regular Session, June 17, 2002 and Butler (for Jeanne Heinzelman) for personal Council met in Regular Session at 6:30 P.M. in injury; Jason Duehr for vehicle damage; and Neil the Library Auditorium E. Kelley for property damage, presented and Present: Mayor Duggan, Council Members read. Buol moved that the communications be Buol, Cline, Connors, Markham, Michalski, received and filed. Seconded by Markham. Nicholson, City Manager Michael Van Milligen, Motion carried 7-0. Corporation Counsel Barry Lindahl. Corporation Counsel recommending Mayor Duggan read the call and stated this is settlement of the claim of Marissa Schultz in the a regular session of the City Council called for amount of $511.40 for vehicle damage and the purpose of acting upon such matters which directing the Finance Director to issue payment, may properly come before the City Council. presented and read. Buol moved that the communication be received and filed and Invocation was given by Reverend Merlin approved recommendation and directed Finance Schlichting, Pastor, St. Peter Lutheran Church. Director to issue payment. Seconded by Markham. Motion carried 7-0. CONSENT ITEMS Corporation Counsel recommending that the Minutes Submitted: City Council of 6/3 and claim of Cindy Frommelt for vehicle damage be 6/10; Civil Service of 5/8; Electrical Code Board forwarded to Portzen Construction, presented of 5/20; Historic Preservation Commission of and read. Buol moved that the communication 5/16; Mechanical Board of 5/23; Park and be received and filed and concurred. Seconded Recreation Commission of 5/14; Zoning Board by Markham. Motion carried 7-0. of Adjustment of 5/23, presented and read. Buol moved that the minutes be received and Citizen Communications: a) Communication filed. Seconded by Markham. Motion carried 7- from Brian J. Kane expressing appreciation for 0. the City’s efforts in controlling storm water in the Proofs of publication of City Council Admiral Street area; b) Communication from a Proceedings for May 6 and 20, 2002; and List of north-end citizen regarding street repair projects Claims and Summary of Revenues for month in the City; c) Communication from Mary Sack, ending April 30, 2002, presented and read. 1700 Key Way Drive, regarding the intersection Buol moved that the proofs be received and of Keyway and Pennsylvania; d) Communication filed. Seconded by Markham. Motion carried 7- from Ken Kringle, Bluff Street Neighborhood 0. President, requesting permission to install Finance Director submitting the City of ornamental historic lighting between First, Dubuque Financial Reports for the month ending Second and Bluff Streets, presented and read. May 31, 2002, presented and read. Buol moved Buol moved that the communications be that the communication be received and filed. received and filed and referred to the City Seconded by Markham. Motion carried 7-0. Manager. Seconded by Markham. Motion carried 7-0. Notice of Claims/Suits: Robert Clement in estimated amount of $145.03 for vehicle Civil Service Commission: Civil Service damage; Cottingham and Butler in estimated Commission submitting the certified lists for the amount of $89.95 for vehicle damage; Jason positions of Medical Officer and Police Officer, Duehr in estimated amount of $3,600 for vehicle presented and read. damage; Neil Kelley in estimated amount of $10,000 for property damage; Neil Nelson in June 6, 2002 estimated amount of $15,000 for personal injury; Honorable Mayor and Dubuque Bank and Trust vs. Richard White, City Members of the City Council of Dubuque, Housing Services Department, In accordance with Chapter 400 of the 2001 Dupaco Community Credit Union, Appliance Code of Iowa, an examination for the position of Furniture Rent All and State of Iowa, presented Medical Officer was conducted on May 8, 2002. and read. Buol moved that the claims and suits We hereby certify that the following individuals be referred to the Legal Staff for investigation have passed this written examination and the vacancy for this position should be made from 262 Regular Session, June 17, 2002 this list and that this list is good for two (2) years 31 Jeremy Job from above date. 32 Natalie Rolle MEDICAL OFFICER 33 Kim McLaughlin Robert Klaas Civil Service Reserve List Kevin Esser Established 06/06/02 Ed Lahey Used in the Event the above Morgan Eitter Certified list is Exhausted David Grass 34 Jeffrey Hoyne Respectfully submitted, 35 Dana Silaggi /s/ Merle Duehr, Chairperson 36 Arratta Znaniecki /s/ Loras Kluesner, 37 Jeffrey Maxwell Richard Wertzberger 38 Adam Ohnesorge Civil Service Commission 39 William Shafer Buol moved that the above Civil Service 40 Eric Sisler certification be made a matter of record. 41 Anthony Brimeyer Seconded by Markham. Motion carried 7-0. 42 Jolene Lex 43 Richard Rink June 6, 2002 44 Nicholas Schlosser Honorable Mayor and 45 John Conley Members of the City Council 46 Brad Comer In accordance with Chapter 400 of the 2001 47 Josh Trowbridge Code of Iowa, an examination for the position of 48 Benjamin C. Dobson Police Officer was given on May 4, 2002. We Respectfully submitted, hereby certify that the individuals listed on the /s/ Merle Duehr, Chairperson attached sheet have passed the written and oral /s/ Loras Kluesner examinations and the vacancies for this position Richard Wertzberger should be made from this list and that this list is Civil Service Commission good for two (2) years from above date. Buol moved that the above Civil Service POLICE OFFICER certification be made a matter of record. Ranking Seconded by Markham. Motion carried 7-0. Certified Police Candidates – 33 Candidates nd Date Certified: 06/06/02 895 West 32 Street – Acceptance of Deed: 1 Jessica Ottengheime Corporation Counsel recommending that the 2 Keith Bakewell City accept the deed for property located at 895 ndnd 3 Jason Hoerner West 32 for the West 32 Street Detention 4 Matthew McGeough Basin Improvement Project, presented and read. 5 Sabrina Kreyer Buol moved that the communication be received 6 Kurt Rosenthal and filed. Seconded by Markham. Motion carried 7 Chad Leitzen 7-0. 8 Brad Shannon RESOLUTION NO. 302-02 9 Joel Larkins ACCEPTING THE DEED TO CERTAIN REAL 10 Steve Begle ESTATE IN DUBUQUE COUNTY, IOWA FROM 11 Danielle Basten KAREN D. MAURY 12 Daniel Ostrander 13 Ryan Kremer Whereas, the City of Dubuque entered into an 14 Jeffrey Maas Agreement with Karen D. Maury for the 15 Anthony Huffman purchase of the following described real property 16 Alan Kutsch in Dubuque County, Iowa: 17 John Meserole Lot 1 of Lot 6 (except the Westerly 50 feet 18 Sara Oberhoffer thereof) of Gillespie's Subdivision in the City of 19 Justin Thorsen Dubuque, Iowa, according to the recorded plat 20 Joseph Benzschawel thereof 21 Reid Lander And Whereas, the terms of the Agreement 22 Sean Gallagher have now been met. 23 Brian Utter NOW, THEREFORE, BE IT RESOLVED BY 24 Ryan Hauge THE CITY COUNCIL OF THE CITY OF 25 Renee Junk DUBUQUE, IOWA, AS FOLLOWS: 26 Michael McDowell 1. The City of Dubuque hereby accepts the 27 Scott Hansen Deed from Karen D. Maury, a copy of which is 28 Bruce Deutsch attached hereto. 29 David Welsh 30 Christopher Gill Regular Session, June 17, 2002 263 2. The City Clerk is hereby authorized and Section 2. That the City Manager is hereby directed to record this Resolution and the Deed authorized and directed to submit a copy of this with the Dubuque County Recorder. resolution to the U. S. Department of Housing th Passed, approved and adopted this 17 day of and Urban Development. June, 2002. Passed, approved and adopted this 17th day Terrance M. Duggan, Mayor of June 2002. Attest: Jeanne F. Schneider, City Clerk Terrance M. Duggan, Mayor Buol moved adoption of the Resolution. Attest: Jeanne F. Schneider, City Clerk Seconded by Markham. Motion carried 7-0. Buol moved adoption of the Resolution. Seconded by Markham. Motion carried 7-0. Tobacco Compliance – Cops in Shops: City Manager recommending approval of a 28E Purchase of Service Agreement – Operation: Agreement between the Police Department and New View Community Action Agency for the Iowa Alcoholic Beverages Division for the Washington Neighborhood Tool Library: City Cops in Shops program, presented and read. Manager recommending approval of a Purchase Buol moved that the communication be received of Service Agreement with Operation: New View and filed and approved recommendation. Community Action Agency for operation of the Seconded by Markham. Motion carried 7-0. Washington Neighborhood Tool Library, presented and read. Buol moved that the Fiscal Year 2003 Annual Action Plan: City communication be received and filed and Manager recommending approval of a proposed approved recommendation. Seconded by change to the City’s Community Development Markham. Motion carried 7-0. Block Grant Fiscal Year 2003 Annual Action nd Plan to provide additional funding for the Vista Heights 2 Addition – Final Plat: Zoning Washington Neighborhood Tool Library, Advisory Commission recommending approval nd presented and read. Buol moved that the of the final plat of Vista Heights 2 Addition in communication be received and filed. Seconded Dubuque County as requested by Frank and by Markham. Motion carried 7-0. Marilyn Ehrlich and Donald Skelton, presented and read. Buol moved that the communication RESOLUTION NO. 303-02 be received and filed. Seconded by Markham. RESOLUTION APPROVING AMENDMENT 1 Motion carried 7-0. TO THE FISCAL YEAR 2003 (PROGRAM YEAR 2002) ANNUAL ACTION PLAN FOR RESOLUTION NO. 304-02 COMMUNITY DEVELOPMENT BLOCK RESOLUTION APPROVING THE FINAL PLAT ND GRANT FUNDS.OF VISTA HEIGHTS 2 ADDITION IN DUBUQUE COUNTY, IOWA Whereas, the City of Dubuque has prepared and filed with the U.S. Department of Housing Whereas, there has been filed with the City nd and Urban Development an Annual Plan for Clerk’s Office a final plat of Vista Heights 2 Fiscal Year 2003 (Program Year 2002), and Addition in Dubuque County, Iowa; and Whereas, the City now desires to amend said Whereas, said plat has been examined by the FY 2003 Annual Plan to allocate funds as per Zoning Advisory Commission and had its the attached Exhibit A; and approval endorsed thereon; and Whereas, said amendment is a non-Whereas, said plat has been examined by the substantial amendment as provided in the City's City Council and they find that it conforms to the Citizen Participation Plan and must therefore be statutes and ordinances relating thereto. approved by resolution of the City Council after NOW THEREFORE, BE IT RESOLVED BY review by the Community Development Advisory THE CITY COUNCIL OF THE CITY OF Commission; and DUBUQUE, IOWA: Whereas, the Community Development Section 1. That the final plat of Vista Heights nd Advisory Commission reviewed the proposed 2 Addition is hereby approved and the Mayor amendment on June 5, 2002 and voted to and City Clerk are hereby authorized and approve said amendment and to recommend directed to endorse the approval of the City of approval by the City Council. Dubuque, Iowa upon said plat. NOW THEREFORE, BE IT RESOLVED BY Section 2. That the City Council hereby waives THE CITY COUNCIL OF THE CITY OF Article IV, Design and Improvement Standards DUBUQUE, IOWA: of the Subdivision Regulations, except Section Section 1. That Amendment 1 to the Fiscal 42-19, Lots and Blocks. Year 2003 (Program Year 2002 Annual Plan for Passed, approved and adopted this 17th day the Community Development Block Grant of June 2002. (CDBG) program hereto attached as Exhibit A is Terrance M. Duggan, Mayor hereby approved. Attest: Jeanne F. Schneider, City Clerk 264 Regular Session, June 17, 2002 Buol moved adoption of the Resolution. between the City of Dubuque and the Iowa Seconded by Markham. Motion carried 7-0. Department of Transportation. th Passed, adopted and approved this 17 day Harbor View Place – Certificate of Completion: of June, 2002. City Manager recommending issuance of a Terrance M. Duggan, Mayor Certificate of Completion to Harbor View Attest: Jeanne F. Schneider, City Clerk Development LLC, the Developer of the Harbor Buol moved adoption of the Resolution. View Place Project at 300 Main Street, Seconded by Markham. Motion carried 7-0. presented and read. Buol moved that the communication be received and filed and Jackson and Locust Streets - Iowa Department approved recommendation. Seconded by of Transportation Agreement: City Manager Markham. Motion carried 7-0. recommending approval of an agreement between the City of Dubuque and the Iowa Request for Qualifications – Brewery Property: Department of Transportation (IDOT) for City Manager recommending approval of the financial assistance relating to the resurfacing of issuance of a Request for Qualifications to solicit Jackson Street and West Locust Street, qualified developers or development teams for presented and read. Buol moved that the the redevelopment of the former Dubuque Star communication be received and filed. Seconded Brewery Building in the Port of Dubuque, by Markham. Motion carried 7-0. presented and read. Buol moved that the RESOLUTION NO. 306-02 communication be received and filed and RESOLUTION APPROVING THE AGREE- approved recommendation. Seconded by MENT BETWEEN THE CITY OF DUBUQUE Markham. Motion carried 7-0. AND THE IOWA DEPARTMENT OF TRANS- PORTATION FOR THE JACKSON STREET Bell and Fifth Streets - Iowa Department of AND WEST LOCUST STREET RESURFACING Transportation Agreement: City Manager recommending approval of an agreement Whereas, the City and the Iowa Department of between the City of Dubuque and the Iowa Transportation propose to finance the ndth Department of Transportation (IDOT) for resurfacing of Jackson Street from 22 to 30 th financial assistance relating to the construction, Street and West Locust Street from 17 to landscaping, and amenities of Bell Street and Clarke Drive; and Fifth Street, presented and read. Buol moved Whereas, the Iowa Department of that the communication be received and filed. Transportation has prepared a cooperative Seconded by Markham. Motion carried 7-0. agreement between the City of Dubuque and the Iowa Department of Transportation for Federal RESOLUTION NO. 305-02 STP funding on the improvements of Jackson RESOLUTION APPROVING THE AGREE- Street and West Locust Street. MENT BETWEEN THE CITY OF DUBUQUE NOW THEREFORE, BE IT RESOLVED BY AND THE IOWA DEPARTMENT OF THE CITY COUNCIL OF THE CITY OF TRANSPORTATION FOR THE BELL STREET DUBUQUE, IOWA: AND FIFTH STREET CONSTRUCTION Section 1. That the agreement between the Whereas, the City and the Iowa Department of City of Dubuque and the Iowa Department of Transportation propose to finance the Transportation for the Jackson Street and West construction and landscaping of the Fifth Street Locust Street be approved. area from Bell Street to the easterly end and Bell Section 2. That the Mayor be authorized and Street from Fifth Street to the northerly end. directed to execute two copies of the agreement Whereas, the Iowa Department of between the City of Dubuque and the Iowa Transportation has prepared a cooperative Department of Transportation. agreement between the City of Dubuque and the Passed, adopted and approved this 17th day Iowa Department of Transportation for Federal of June, 2002. STP funding on the Bell Street and Fifth Street Terrance M. Duggan, Mayor Construction. Attest: Jeanne F. Schneider, City Clerk NOW THEREFORE, BE IT RESOLVED BY Buol moved adoption of the Resolution. THE CITY COUNCIL OF THE CITY OF Seconded by Markham. Motion carried 7-0. DUBUQUE, IOWA: Section 1. That the agreement between the 2002 Local Law Enforcement Block Grant City of Dubuque and the Iowa Department of Application: City Manager recommending Transportation for the Bell Street and Fifth Street approval of the 2002 Local Law Enforcement Construction be approved. Block Grant application to the Bureau of Justice Section 2. That the Mayor be authorized and Assistance, presented and read. Buol moved directed to execute two copies of the agreement that the communication be received and filed Regular Session, June 17, 2002 265 and approved recommendation. Seconded by Marvin J. Rapp 900 Central Ave Markham. Motion carried 7-0. Clark # 2354 Clark Retail Enterp 700 Rhomberg Ave City of Dubuque Representation: Commu-Dubuque Mining Company Cindy Oliver nication from Corporation Counsel regarding the 555 JFK Rd. issue of conflict of interest and the City’s legal Fat Tuesday’s Richard Hirsch III representation, presented and read. Buol moved 1121 University Ave that the communication be received and filed Hammerheads Bar/Billiards Hammerheads Inc. and approved. Seconded by Markham. Motion 2095 Kerper Blvd carried 7-0. Hy-Vee # 1 Hy-Vee, Inc 3500 Dodge St Iowa Utilities Board: Communication of City Jym’s Bar Jymie Lyons Manager Michael C. Van Milligen to the Iowa 1700 Central Ave th Utilities Board regarding the electric rate Passed, approved and adopted this 17 day increase request of Interstate Power and Light of June, 2002. Company (Alliant Energy Company), presented Terrance M. Duggan, Mayor and read. Buol moved that the communication Attest: Jeanne F. Schneider, City Clerk be received and filed. Seconded by Markham. Buol moved adoption of the Resolution. Motion carried 7-0. Seconded by Markham. Motion carried 7-0. RESOLUTION NO. 308-02 City Manager Employment Agreement: Submittal of the Eleventh Amendment to the City BEER Manager’s Employment Agreement for approval, Whereas, applications for Beer Permits have presented and read. Buol moved that the been submitted and filed to this Council for communication be received and filed and approval and the same have been examined approved Agreement Amendment. Seconded and approved: and Whereas, the premises to by Markham. Motion carried 7-0. be occupied by such applicants were inspected and found to comply with the Ordinances of the Dubuque County Historical Society: City and have filed proper bonds. Communication from the Dubuque County NOW, THEREFORE, BE IT RESOLVED BY Historical Society requesting that the City THE CITY COUNCIL OF THE CITY OF sponsor a grant application to the National DUBUQUE, IOWA: Scenic Byways Program in the amount of That the Manager be authorized to cause to be $475,500 to improve the exhibits at the Fred W. issued the following named applicants a Beer Woodward Riverboat Museum, presented and Permit. read. Buol moved that the communication be CLASS “B” BEER PERMIT received and filed and approved request. Prospect Pizza Ltd Pizza Hut+ Seconded by Markham. Motion carried 7-0. (Sunday Sale) 2075 JFK Rd Prospect Pizza Ltd Pizza Hut+ th Aquila: Communication from Marvin Oppedal, (Sunday Sale) 320 E 20 St Director of Community Relations for Aquila, CLASS “C” BEER PERMIT advising of a rate increase request filed on June Rainbo Oil Com Kwik Stop Food Mart+ 3, 2002 with the Iowa Utilities Board, presented (Sunday Sale) 1401 Central Ave and read. Buol moved that the communication CLASS “B” (SPECIAL EVENT 5-DAY EVENT) be received and filed. Seconded by Markham. Dubuque Jaycees Dubuque Jaycees + Motion carried 7-0. (Outdoor Sale-A) Washington Park Dubuque Jaycees Dubuque Jaycees+ Business Licenses: (Outdoor Sale-B) Washington Park Dubuque Jaycees Dubuque Jaycees+ RESOLUTION NO. 307-02 (Outdoor Sale-C) Washington Park THEREFORE, BE IT RESOLVED BY THE Passed, approved and adopted this 17th day CITY COUNCIL OF THE CITY OF DUBUQUE, of June, 2002. IOWA: Terrance M. Duggan, Mayor That the following having complied with the Attest: Jeanne F. Schneider, City Clerk provisions of law relating to the sale of Buol moved adoption of the Resolution. Cigarettes within the City of Dubuque, Iowa, be Seconded by Markham. Motion carried 7-0. granted a permit to sell Cigarettes and Cigarette RESOLUTION NO. 309-02 Papers within said City 8 RENEWALS Whereas, applications for Liquor Licenses B’Z Dart Inn Bernice Bauer have been submitted to this Council for approval 431 Rhomberg Ave and the same have been examined and Cue Master Billiards approved; and 266 Regular Session, June 17, 2002 Whereas, the premises to be occupied by such Appointments to the following Commissions: applicants were inspected and found to comply ELECTRICAL CODE BOARD (Five 3-year with the State Laws and all City Ordinances terms/Five vacancies): Applicants: James relevant thereto and they have filed proper Dixon, Dan Hammel, Kevin Pfohl, David A. bonds. Pregler, Elaine L. Reiss. Michalski moved that NOW, THEREFORE, BE IT RESOLVED BY Mr. Dixon, Mr. Hammel, Mr. Pfohl, Mr. Pregler, THE CITY COUNCIL OF THE CITY OF and Ms. Reiss all be reappointed to three year DUBUQUE, IOWA: terms to expire 5/21/05. Seconded by Cline. That the Manager be authorized to cause to be Motion carried 7-0. issued the following named applicants a Liquor ENVIRONMENTAL STEWARDSHIP ADVI- License. SORY COMMISSION: (One 1-year youth term) CLASSC BEER/LIQUOR LICENSE Applicant: Michael Hirsch. Michalski moved that @@ Plastic Center, Inc. Fischer Lanes+ Mr. Hirsch be appointed to the one year term (Sunday Sale) 880 Locust St which will expire 6/1/03. Seconded by Connors. Motion carried 7-0. Bernice Bauer B’Z Dart Inn+ (Sunday Sale) 431 Rhomberg Ave PUBLIC HEARINGS Tom Koch, Inc Paul’s Tavern+ (Sunday Sale) 176 Locust St Michalski moved that the rules be suspended Dubuque Post No. 6 American Legion # 6+ (Sunday Sale) 1306 Delhi St to allow anyone present to address the Council if Curtis Gerhard Knicker’s Saloon+ they so desire. Seconded by Nicholson. Motion (Sunday Sale) 2186 Central Ave carried 7-0. CLASS “B” WINE University of Dubuque – Request to Rezone: Creative Touch Gallery Inc. Ooh La La Proof of publication on notice of hearing to 3460 Hillcrest Rd th consider rezoning property located on the north Passed, approved and adopted this 17 day of side of U.S. Highway 20, 300 feet east of Devon June, 2002. Terrance M. Duggan, Mayor Drive from PC Planned Commercial District to ID Attest: Jeanne F. Schneider, City Clerk Institutional District to allow construction of a Buol moved adoption of the Resolution. new soccer field and parking lot and Zoning Seconded by Markham. Motion carried 7-0. Advisory Commission recommending approval, presented and read. Buol moved that the proof be received and filed. Seconded by Markham. BOARDS/COMMISSIONS Motion carried 7-0. Tracy Wagner, 256 S. Grandview, spoke in Applicants are invited to address the Council to express their desire to serve on the following support of the request and clarified various Boards/Commissions: points. Dennis Waugh of IIW, and Alan Burr, LONG RANGE PLANNING ADVISORY 256 S. Grandview, were present to answer any COMMISSION: (Two 3-years terms to expire questions. An Ordinance Amending Appendix A (the 7/1/05 – terms of Portzen and Rusk). Zoning Ordinance) of the City of Dubuque Code Applicants: Michael E. Portzen, David Rusk. of Ordinances by reclassifying hereinafter Mr. Rusk spoke requesting consideration for described property located north of Dodge appointment. Mr. Portzen had conveyed he could not attend the meeting. Street between Devon Drive and Collins Street PARK AND RECREATION COMMISSION: from PUD Planned Unit Development District (Two 3-year terms to expire 6/30/05 – terms of with a PC Planned Commercial Designation to Blocklinger and Schrobilgen): Applicants: ID Institutional District and approving an amended Conceptual Development Plan for the Robert J. Blocker, Tom Blocklinger, Danita L. University of Dubuque, presented and read. Galdick, Tom Schrobilgen. Mr. Blocker, Ms. Galdick, and Mr. Schrobilgen spoke requesting consideration for appointment. OFFICIAL PUBLICATION ZONING ADVISORY COMMISSION: (Three ORDINANCE NO. 48-02 3-year terms to expire 7/1/05 – terms of Christ, AN ORDINANCE AMENDING APPENDIX A Schiltz, Smith). Applicants: Martha E. Christ, (THE ZONING ORDINANCE) OF THE CITY OF Ferd Nesler, Richard J. Schiltz, Ron Smith. DUBUQUE CODE OF ORDINANCES BY Martha Christ and Ron Smith both spoke RECLASSIFYING HEREINAFTER DESCRI- requesting consideration for appointment. BED PROPERTY LOCATED NORTH OF Richard Schiltz had conveyed he could not be in DODGE STREET BETWEEN DEVON DRIVE attendance. AND COLLINS STREET FROM PUD ZONING BOARD OF ADJUSTMENT: (One 5- PLANNED UNIT DEVELOPMENT DISTRICT year term to expire 3/25/07 – term of Beeler) WITH A PC PLANNED COMMERCIAL Applicant: William J. Felderman. No one spoke. Regular Session, June 17, 2002 267 DESIGNATION TO ID INSTITUTIONAL g) Off-street parking and loading (NA) DISTRICT AND APPROVING AN AMENDED h) Recreational or athletic facilities for the CONCEPTUAL DEVELOPMENT PLAN FOR primary use and benefit of institutional THE UNIVERSITY OF DUBUQUE. residents or affiliates (7) NOW, THEREFORE, BE IT ORDAINED BY i) Single-family, two family (11) or multi-family THE CITY COUNCIL OF THE CITY OF dwellings for the housing of institutional DUBUQUE, IOWA: residents or affiliates (9) Section 1. That Appendix A (the Zoning 2) Accessory Uses. The following uses shall Ordinance) of the City of Dubuque Code of be permitted as accessory uses in the above- Ordinances be amended by reclassifying the described ID Institutional District: hereinafter described property from PUD a) Located entirely within a principal building, Planned Unit Development District with a PC bookstores, or bars seating not more than Planned Commercial designation to ID seventy-five (75) persons at one time and Institutional District and approving an amended located not closer than two hundred feet (200') conceptual development plan for the University from the nearest Residential or Office of Dubuque, a copy of which is attached to and Residential District. made a part hereof, to wit: b) All uses customarily incidental to the That portion of Lot 1-1 of Steffen’s Place except principal permitted uses in conjunction with the west 120 feet as described hereto: which such accessory uses operated or Commencing at the southeast corner of Lot 2-1-maintained, but not to include commercial use 1-1 of Clarence Polfer Place, the point of outside the principal building. beginning: Thence northerly along the east line 3) No conditional uses shall be allowed. of said Lot 2-1-1-1 to the to the south corner of B. Lot and Bulk Regulations. Lot 2-3, Block IX of Steger Heights; thence Development of land in the ID Institutional northerly along the east line of Block IX of District shall be regulated as follows: Steger Heights to the southwest corner of Lot 2-1) The proposed soccer field and parking lot 1 of Steffen’s Place; thence easterly along the shall be located in substantial conformance with south line of said Lot 2-1 of Steffen’s Place; the attached conceptual development plan and thence easterly along the south line of said Lot all final site development plans are to be 2-1 to the southeast corner of Lot 2-1, thence approved in accordance with provisions of the ID northerly along the east line of said Lot 2-1 and Institutional District regulations. Lot 2 a distance of 227 feet; thence easterly 707 C. Performance Standards feet to the west boundary of the existing PR The development and maintenance of uses in District, thence southerly along the west this ID Institutional District shall be established boundary of said PR district to the IDOT right-of-in conformance with Section 3-5.2 of the Zoning way for U.S. Highway 20, thence westerly along Ordinance and the following standards: the IDOT right-of-way to the southeast corner of 1) The proposed parking lot providing a Lot 2-1-1-1 of Clarence Polfer Place, the point of minimum of 44 spaces shall be constructed beginning. when funds are available. Interim parking shall Section 2. That pursuant to Iowa Code Section be provided at Chalmer’s Field. 414.5(1993) and as an express condition of 2) New outdoor lighting for the proposed amending the University of Dubuque Institutional soccer field and parking lot shall be designed to District, the undersigned property owner(s) minimize impact to residential properties. agree(s) to the following conditions, all of which 3) Landscaping shall be provided in the property owner(s) further agree(s) are compliance with Section 4.4 of the Zoning reasonable and imposed to satisfy the public Ordinance. needs that are caused directly by the zoning 4) All utilities including telephone and cable reclassification: television shall be installed underground. A. Use Regulations. 5) Final site development plans shall be The following regulations shall apply submitted in accordance with Section 4.4 of the to all uses made of land in the above-Zoning Ordinance. described ID Institutional District: D. Parking Requirements 1) Principal permitted uses shall be The off-street parking requirements for the limited to: principal permitted uses for the herein described a) Colleges and universities (45) ID Institutional District shall be designated by a b) Vocational Schools (45) bracket enclosed number next to the use, as c) Seminaries (45) herein described: d) Offices for administrative personnel or (9) 1.5 spaces for each dwelling unit other institutional employees and affiliates (14) (11) Two spaces for each dwelling unit e) Churches (7), libraries, and museums (13) (14) One space for each four hundred f) Classrooms, laboratories, lecture halls, and square feet devoted to office use or one space similar places of institutional assembly (45) 268 Regular Session, June 17, 2002 for each employee on the maximum shift, I, Reverend Jeffery F. Bullock, President, whichever is greater. University of Dubuque, having read the terms (7) One space for each four permanent seats. and conditions of the foregoing Ordinance No. (13) One space for each five hundred square 48-02 and being familiar with the conditions feet of floor area accessible to the general thereof, hereby accept the same and agree to public. the conditions required therein. (45) Dormitories - one space for each bed Dated this 2nd day of July, 2002. Gymnasiums - one space for each six By: /s/ Jeffrey F. Bullock permanent seats Reverend Jeffrey F. Bullock Employees - 75 spaces for each employee on President, University of Dubuque the maximum shift Published officially in the Telegraph Herald st E. Open Space and Recreational Areas newspaper this 31 day of July, 2002. Those areas not designated on the conceptual Jeanne F. Schneider, City Clerk development plan for development shall be 1t 7/31 maintained as open space, as defined by Buol moved that the requirement that a Section 8 of the Zoning Ordinance by the proposed Ordinance be considered and voted property owner and/or association. on for passage at two Council Meetings prior to F. Sign Regulations the meeting at which it is to be finally passed be The sign regulations shall be the same as that suspended and further moved final which are allowed in the ID Institutional District consideration and passage of the Ordinance. as established in Section 4-3.11 of the Zoning Seconded by Markham. Motion carried 7-0. Ordinance. G. Additional Standards Michalski moved to remove the following from 1) The conceptual development plan shall be the table. Seconded by Nicholson. Motion valid for a period of five (5) years provided final carried 7-0. site development plan is submitted within two (2) Randy Davis – 840 Roosevelt Street – years from the date of approval. Request to Rezone (Tabled on 4/15/02) Proof of 2) That all previously approved conceptual publication on notice of hearing to consider development plans are hereby amended to allow rezoning property located at 840 Roosevelt for the attached conceptual development plan. Street from R-1 Single Family Residential H. Transfer of Ownership District to CS Commercial Service and Transfer of ownership or lease of property in Wholesale District at the request of Randy Davis this ID Institutional District shall include the and Zoning Advisory Commission transfer or lease agreement a provision that the recommending denial, and an Ordinance purchaser or lessee acknowledges awareness Amending Appendix A (the Zoning Ordinance) of of the conditions authorizing the establishment the City of Dubuque Code of Ordinances by of the district. reclassifying property located at 840 Roosevelt I. Modifications Street from R-1 Single Family Residential Any modifications of this Ordinance must be District to CS Commercial Service and approved by the City Council in accordance with Wholesale District, presented and read. zoning reclassification proceedings of Section 6 Michalski moved to table this matter of the Zoning Ordinance. indefinitely. Seconded by Nicholson. Vote on J. Recording the motion was as follows: Yeas—Duggan, A copy of this ordinance shall be recorded at Markham, Michalski. Nays—Buol, Cline, the expense of the property owner(s) with the Connors, Nicholson. Motion failed 3-4. Dubuque County Recorder as a permanent Nicholson moved to concur with the record of the conditions accepted as part of this recommended denial. Seconded by Cline. reclassification approval within ten (10) days of Carried by the following vote: Yeas—Buol, the adoption of this ordinance. This ordinance Cline, Connors, Nicholson. Nays—Duggan, shall be binding upon the undersigned and all Markham, Michalski. his/her heirs, successors and assignees. Section 3. That the foregoing amendment has South Fork Sanitary Sewer - Phase III heretofore been reviewed by the Zoning Connection Fees: Proof of publication on notice Commission of the City of Dubuque, Iowa. of hearing to consider an ordinance to establish Section 4. That the foregoing amendment the South Fork Sanitary Sewer Project – Phase shall take effect upon publication, as provided by III schedule of connection fees and City law. Manager recommending approval, presented Passed, approved, and adopted this 17th day of and read. Markham moved that the proof and June 2002. communication be received and filed. Seconded Terrance M. Duggan, Mayor by Nicholson. Motion carried 7-0. ATTEST: Jeanne Schneider, City Clerk Tom Hinz, 14277 Green Hill Drive, as a ACCEPTANCE OF ORDINANCE NO. 48-02 representative of the Barrington Lakes Assn., Regular Session, June 17, 2002 269 spoke objecting to the possibility of the City on for passage at two Council Meetings prior to running the sewer to this area, and noted that the meeting at which it is to be finally passed be the letter was unclear. suspended and further moved final consideration and passage of the Ordinance. An Ordinance Establishing a schedule of Seconded by Nicholson. Motion carried 7-0. sewer connection fees for the connection of property to the South Fork Sanitary Sewer Cable Franchise Lease Extension: Proof of Project – Phase III, presented and read. publication on notice of hearing and City Manager recommending that the existing cable services franchise and an existing hub site lease OFFICIAL PUBLICATION agreement with MCCIowa, L.L.C. be extended ORDINANCE NO. 49-02 to September 30, 2002, presented and read. AN ORDINANCE ESTABLISHING A SCHED- Buol moved that the proof be received and filed. ULE OF SEWER CONNECTION FEES FOR Seconded by Nicholson. Motion carried 7-0. THE CONNECTION OF PROPERTY TO THE SOUTH FORK SANITARY SEWER PROJECT An Ordinance Extending the term of the – PHASE III existing cable franchise agreement and hub site Whereas, after full consideration of the lease of MCCIowa, L.L.C. to September 30, schedule of sanitary sewer connection fees 2002, presented and read. proposed to be made for the South Fork Sanitary Sewer Project – Phase III, which OFFICIAL PUBLICATION schedule of connection fees was filed in the ORDINANCE NO. 50-02 office of the City Clerk on the 20th day of May, AN ORDINANCE EXTENDING THE TERM OF 2002; and THE EXISTING CABLE FRANCHISE AGREE- Whereas, the City Council has determined that MENT AND HUB SITE LEASE OF MCCIOWA, the amounts shown on said schedule are proper L.L.C. TO SEPTEMBER 30, 2002. and are in proportion to the benefits conferred; and Whereas, MCCIowa, L.L.C. (Mediacom) is the Whereas, the City Council further finds that the current holder of a cable services franchise, schedule of sewer connection fees for the South embodied in Ordinance No. 42-81, as modified Fork Sanitary Sewer Project – Phase III be by a series of waivers and side agreements, and approved and adopted. acquired from TCI of Iowa, Inc. via a transfer NOW THEREFORE, BE IT ORDAINED BY approved by the Dubuque City Council on June THE CITY COUNCIL OF THE CITY OF 18, 2001; and DUBUQUE, IOWA: Whereas, one of the side agreements is a Section 1. There is hereby established a lease to Mediacom to build and maintain a schedule of sewer connection fees for the South network hub on City-owned property located at Fork Sanitary Sewer Project – Phase III for the 1585 West Third Street in Dubuque; and connection of property to said City sewer. Whereas, the terms of the franchise and of the Section 2. Each property owner whose lease will expire June 30, 2002; and property will be served by connection to said Whereas, representatives of the City of City sewer shall pay a sewer connection fee to Dubuque and of Mediacom have entered into the City, as shown on the schedule of sewer good faith negotiation of terms and conditions connection fees attached hereto. for the renewal of the franchise and the lease. Section 3. Such connection fee shall be due NOW, THEREFORE, BE IT ORDAINED BY and payable when a sewer connection THE CITY COUNCIL OF THE CITY OF application is filed with the City. All fees DUBUQUE, IOWA: collected under this Ordinance shall be paid to Section 1. The term of the cable services the City Treasurer. franchise and the term of the lease are hereby Section 4. The City Clerk is hereby authorized extended to September 30, 2002, with all the and directed to certify a copy of this Ordinance rights, privileges and responsibilities for recording in the office of the Dubuque County appertaining thereunto; and Recorder. Section 2. The City Manager is hereby Passed, adopted and approved this 17th day authorized to sign and administer the extension of June, 2002. agreement on behalf of the City of Dubuque. Terrance M. Duggan, Mayor Passed, approved and adopted this 17th day Attest: Jeanne F. Schneider, City Clerk of June, 2002. Published officially in the Telegraph Herald Terrance M. Duggan, Mayor th newspaper this 24 day of June, 2002. Attest: Jeanne F. Schneider, City Clerk Jeanne F. Schneider, City Clerk Published officially in the Telegraph Herald th 1t 6/24 newspaper this 24 day of June, 2002. Markham moved that the requirement that a Jeanne F. Schneider, City Clerk proposed Ordinance be considered and voted 1t 6/24 270 Regular Session, June 17, 2002 Buol moved that the requirement that a Renovations Project and that the remaining proposed Ordinance be considered and voted three components be rejected, a Resolution on for passage at two Council Meetings prior to Adopting plans and specifications for the project the meeting at which it is to be finally passed be and Resolutions Awarding contract to suspended and further moved final Renaissance Restoration, Inc., Rafoth Sheet consideration and passage of the Ordinance. Metal, Inc., and Simplex Grinnell, Inc., presented Seconded by Nicholson. Motion carried 7-0. and read. Mr. Don Meek, of Technical Specialty Systems Dubuque County Historical Society: Proof of Corp. in Cedar Rapids, spoke objecting to the publication on notice of hearing and City bid information process. Jeff Jackson, of Alan Manager recommending approval of the First Jackson Tuckpointing, spoke requesting that all Amendment to the Lease Agreement between bids be thrown out, citing the bid bond form as the City of Dubuque and the Dubuque County being unclear. Historical Society, presented and read. Cline moved to receive and file the Michalski moved that the proof and communications and adopt the Resolutions. communication be received and filed. Seconded Seconded by Buol. Vote on the motion was as by Connors. Motion carried 7-0. follows: Yeas—Buol, Michalski. Nays— Nicholson, Cline, Connors, Duggan, Markham. RESOLUTION NO. 310-02 Motion failed 2-5. RESOLUTION DISPOSING OF AN INTEREST Nicholson moved to reject all bids and call for IN REAL PROPERTY BY FIRST AMENDMENT rebidding the project as soon as possible. TO LEASE WITH THE DUBUQUE COUNTY Seconded by Markham. Carried by the following HISTORICAL SOCIETY vote: Yeas—Buol, Cline, Connors, Duggan, WHEREAS, the City of Dubuque, Iowa (City) Markham, Nicholson. Nays—Michalski. and Dubuque County Historical Society (DCHS) entered into a Lease Agreement (Lease) on Buol moved to reinstate the rules limiting June 5, 2000 for certain real property (Demised discussion to the Council. Seconded by Premises) described in Exhibit A thereto; and Nicholson. Motion carried 7-0. WHEREAS, City and DCHS desire to change the Demised Premises in the Lease as set forth ACTION ITEMS in the First Amendment to Lease Agreement attached hereto; and Penalties for Tobacco Permit Holders: Council WHEREAS, on June 17, 2002, the City Council consideration of assessing civil penalties against pursuant to notice published as required by law nine tobacco permit holders, and the appeals held a public hearing on its intent to dispose of the against the Liquor Depot and McCann’s IOCO to foregoing interest in real property and overruled all be tabled pending legal action, presented and objections thereto; read. Markham moved that the penalties be AND WHEREAS, the City Council finds that it is assessed for the tobacco permit holders and to in the best interest of the City to approve the table consideration of the appeals against the disposition of such real property. Liquor Depot to July 1, 2002, and McCann’s NOW, THEREFORE, BE IT RESOLVED BY IOCO pending outcome of legal action. THE CITY COUNCIL OF THE CITY OF Seconded by Michalski. Motion carried 7-0. DUBUQUE, IOWA: th Section 1. The City Council of the City of 45 West 13 Street – Request for Demolition Dubuque, Iowa, approves the First Amendment to Permit: Historic Preservation Commission Lease Agreement attached hereto and the Mayor recommending approval of a request from is hereby authorized and directed to sign this Dubuque Bank and Trust to demolish a structure th Resolution and the First Amendment to Lease located at 45 West 13 Street to provide parking Agreement. for the planned rehabilitation of the Bell Block th Passed, approved and adopted this 17 day of and Ziepprecht Buildings (former Walsh Store), June, 2002. and communication from the State Historical Terrance M. Duggan, Mayor Society of Iowa advising that the structure th Attest: Jeanne F. Schneider, City Clerk located at 45 West 13 Street does not possess Michalski moved adoption of the Resolution. architectural or historical attributes that would Seconded by Connors. Motion carried 7-0. qualify it for listing in the National Register of Historic Places, presented and read. Woodward Museum Renovations Project: Nicholson moved that the communications be Proofs of publication on notice of hearing on received and filed and approved demolition. plans and specifications and notice to bidders on Seconded by Connors. Motion carried 7-0. the receipt of bids, and City Manager recommending award of three of the six 1300–1322 Iowa Street – Request for components for the Woodward Museum Demolition Permit: Historic Preservation Regular Session, June 17, 2002 271 Commission recommending approval of a That the proposed plans, specifications, form request from Dubuque Bank and Trust to of contract and estimated cost for the 2002 Curb demolish a structure located at 1300 - 1322 Ramp Installation - CDBG Project I in the Iowa Street (True Value) to provide parking for estimated amount of $32,573.75, are hereby the planned rehabilitation of the Bell Block and approved and ordered filed in the office of the Ziepprecht Buildings (former Walsh Store) and City Clerk for public inspection. communication from the State Historical Society Passed, adopted and approved this 17th day of Iowa advising that the structure located at of June, 2002. 1300 – 1322 Iowa Street does not possess Terrance M. Duggan, Mayor architectural or historical attributes that would Attest: Jeanne F. Schneider, City Clerk qualify it for listing in the National Register of Michalski moved adoption of the Resolution. Historic Places, presented and read. Nicholson Seconded by Nicholson. Motion carried 7-0. moved that the communications be received and RESOLUTION NO. 312-02 filed and approved demolition. Seconded by FIXING DATE OF HEARING Connors. Motion carried 7-0. ON PLANS AND SPECIFICATIONS Transmission Pole Relocation: City Manager Whereas, the City Council of the City of recommending approval of the relocation of a Dubuque, Iowa has given its preliminary major lattice structure transmission pole to thirty approval on the proposed plans, specifications, feet north of its current location in the Port of and form of contract and placed same on file in Dubuque to allow construction of the Bell Street the office of the City Clerk for public inspection Extension and the reconstruction of Pine Street, of the 2002 Curb Ramp Installation - CDBG presented and read. Michalski moved to table Project I. action on this matter. Seconded by Buol. NOW THEREFORE, BE IT RESOLVED BY Motion carried 7-0. THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: th Convention and Visitors Bureau: That on the 15 day of July, 2002, a public Communication from the Convention and hearing will be held at 6:30 p.m. in the Public Visitors Bureau requesting that a second City Library Auditorium at which time interested Council Member be appointed to the Convention persons may appear and be heard for or against and Visitors Bureau Advisory Board, presented the proposed plans and specifications, form of and read. Cline moved that the communication contract and cost of said improvement, and the be received and filed and confirmed Joyce City Clerk be and is hereby directed to cause a Connors as the second Council appointee. notice of time and place of such hearing to be Seconded by Michalski. Motion carried 7-0. published in a newspaper having general circulation in the City of Dubuque, Iowa, which COUNCIL MEMBER REPORTS notice shall be not less than four days nor more than twenty days prior to the day fixed for its Markham requested an update on the Fengler consideration. At the hearing, any interested Street Overpass Project. Nicholson reported person may appear and file objections to the that he had been asked to go on a Boss Lift to proposed plans, specifications, contract, or Norfolk. Cline requested an update on the NW estimated cost of the improvement. Arterial Construction project. Passed, adopted and approved this 17th day of June, 2002. ITEMS TO BE SET FOR PUBLIC HEARING Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk 2002 Curb Ramp Installation – CDBG Project: Michalski moved adoption of the Resolution. City Manager recommending initiation of the Seconded by Nicholson. Motion carried 7-0. bidding process for the 2002 Curb Ramp RESOLUTION NO. 313-02 Installation – CDBG Project I and setting a ORDERING BIDS public hearing for July 15, 2002, presented and read. Michalski moved that the communication NOW THEREFORE, BE IT RESOLVED BY be received and filed. Seconded by Nicholson. THE COUNCIL OF THE CITY OF DUBUQUE, Motion carried 7-0. IOWA: That the 2002 Curb Ramp Installation - CDBG RESOLUTION NO. 311-02 Project I is hereby ordered to be advertised for PRELIMINARY APPROVAL OF bids for construction. PLANS AND SPECIFICATIONS BE IT FURTHER RESOLVED, that the amount NOW THEREFORE, BE IT RESOLVED BY of the security to accompany each bid shall be in THE CITY COUNCIL OF THE CITY OF an amount which shall conform to the provisions DUBUQUE, IOWA: of the notice to bidders hereby approved as a 272 Regular Session, June 17, 2002 part of the plans and specifications heretofore NOW THEREFORE, BE IT RESOLVED BY adopted. THE CITY COUNCIL OF THE CITY OF That the City Clerk is hereby directed to DUBUQUE, IOWA: th advertise for bids for the construction of the That a public hearing will be held on 15 day improvements herein provided, to be published of July, 2002, at 6:30 p.m. in the Public Library in a newspaper having general circulation in the Auditorium at which time interested persons may City of Dubuque, Iowa, which notice shall not be appear and be heard for or against the proposed less than four days nor more than forty-five days plans and specifications, form of contract and prior to the receipt of said bids at 2:00 p.m. on cost of said improvement, and the City Clerk be nd the 2 day of July, 2002. Bids shall be opened and is hereby directed to cause a notice of time and read by the City Clerk at said time and will and place of such hearing to be published in a be submitted to the Council for final action at newspaper having general circulation in the City th 6:30 p.m. on the 15 day of July, 2002. of Dubuque, Iowa, which notice shall be not less Passed, adopted and approved this 17th day than four days nor more than twenty days prior of June, 2002. to the day fixed for its consideration. At the Terrance M. Duggan, Mayor hearing, any interested person may appear and Attest: Jeanne F. Schneider, City Clerk file objections to the proposed plans, Michalski moved adoption of the Resolution. specifications, contract, or estimated cost of the Seconded by Nicholson. Motion carried 7-0. improvement. th Passed, adopted and approved this 17 day of 2002 Maintenance Dredging Project – Ice June, 2002. Harbor Flood Control Gate Structure: City Terrance M. Duggan, Mayor Manager recommending initiation of the bidding Attest: Jeanne, F. Schneider, City Clerk process for the Ice Harbor Flood Control Gate Michalski moved adoption of the Resolution. Structure – 2002 Maintenance Dredging Project Seconded by Nicholson. Motion carried 7-0. and setting a public hearing for July 15, 2002, RESOLUTION NO. 316-02 presented and read. Michalski moved that the ORDERING BIDS communication be received and filed. Seconded by Nicholson. Motion carried 7-0. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, RESOLUTION NO. 314-02 IOWA: PRELIMINARY APPROVAL OF That the 2002 Maintenance Dredging Project – PLANS AND SPECIFICATIONS Ice Harbor Flood Control Gate Structure is NOW THEREFORE, BE IT RESOLVED BY hereby ordered to be advertised for bids for THE CITY COUNCIL OF THE CITY OF construction. DUBUQUE, IOWA: BE IT FURTHER RESOLVED, that the amount That the proposed plans, specifications, form of the security to accompany each bid shall be in of contract and estimated cost for the 2002 an amount which shall conform to the provisions Maintenance Dredging Project – Ice Harbor of the Notice to Bidders hereby approved as a Flood Control Gate Structure in the estimated part of the plans and specifications heretofore amount $113,500.00 are hereby approved and adopted. ordered filed in the office of the City Clerk for That the City Clerk is hereby directed to public inspection. advertise for bids for the construction of the Passed, adopted and approved this 17th day improvements herein provided, to be published of June, 2002. in a newspaper having general circulation in the Terrance M. Duggan, Mayor City of Dubuque, Iowa, which notice shall not be Attest: Jeanne F. Schneider, City Clerk less than four days nor more than forty-five days Michalski moved adoption of the Resolution. prior to the receipt of said bids at 2:00 p.m. on rd Seconded by Nicholson. Motion carried 7-0. the 3 day of July, 2002. Bids shall be opened and read by the City Clerk at said time and will RESOLUTION NO. 315-02 be submitted to the Council for final action at th FIXING DATE OF HEARING 6:30 p.m. on the 15 day of July, 2002. th ON PLANS AND SPECIFICATIONS Passed, adopted and approved this 17 day of Whereas, the City Council of the City of June, 2002. Dubuque, Iowa has given its preliminary Terrance M. Duggan, Mayor approval on the proposed plans, specifications, Attest: Jeanne F. Schneider, City Clerk and form of contract and placed same on file in Michalski moved adoption of the Resolution. the office of the City Clerk for public inspection Seconded by Nicholson. Motion carried 7-0. of the 2002 Maintenance Dredging Project – Ice Harbor Flood Control Gate Structure. Heritage Trail Extension Project: City Manager recommending initiation of the bidding process for the Heritage Trail Extension Project Regular Session, June 17, 2002 273 and setting a public hearing on the plans and NOW THEREFORE, BE IT RESOLVED BY specifications for July 15, 2002, presented and THE COUNCIL OF THE CITY OF DUBUQUE, read. Michalski moved that the communication IOWA: be received and filed. Seconded by Nicholson. That the Heritage Trail Extension is hereby Motion carried 7-0. ordered to be advertised for bids for construction. RESOLUTION NO. 317-02 BE IT FURTHER RESOLVED, that the amount PRELIMINARY APPROVAL OF of the proposal guaranty shall be not less than PLANS AND SPECIFICATIONS the amount as set forth in the proposal form NOW THEREFORE, BE IT RESOLVED BY shall be filed with each proposal. THE CITY COUNCIL OF THE CITY OF That the City Clerk is hereby directed to DUBUQUE, IOWA: advertise for bids for the construction of the That the proposed plans, specifications, form improvements herein provided, to be published of contract and estimated cost for the Heritage in a newspaper having general circulation in the Trail Extension Project in the estimated amount City of Dubuque, Iowa, which notice shall not be of $633,561.50 are hereby approved and less than twenty-one days nor more than forty- ordered filed in the office of the City Clerk for five days prior to the receipt of said bids at 9:00 th public inspection. a.m. on the 16 day of July, 2002. Bids shall be th Passed, adopted and approved this 17 day of opened and read by the Iowa Department of June, 2002. Transportation in Ames, Iowa, after 10:30 a.m. Terrance M. Duggan, Mayor on the same date such as the bids are Attest: Jeanne F. Schneider, CMC, City Clerk scheduled to be received. The bids will be Michalski moved adoption of the Resolution. submitted to the Council for final action, subject Seconded by Nicholson. Motion carried 7-0. to the concurrence of the Federal Highway th Administration, at 6:30 p.m. on the 5 day of RESOLUTION NO. 318-02 August, 2002. th FIXING DATE OF HEARING Passed, adopted and approved this 17 day of ON PLANS AND SPECIFICATIONS June, 2002. Whereas, the City Council of the City of Terrance M. Duggan, Mayor Dubuque, Iowa has given its preliminary Attest: Jeanne F. Schneider, CMC, City Clerk approval on the proposed plans, specifications, Michalski moved adoption of the Resolution. and form of contract and placed same on file in Seconded by Nicholson. Motion carried 7-0. the office of the City Clerk for public inspection of the Heritage Trail Extension Project. Bell Street and Fifth Street Construction NOW THEREFORE, BE IT RESOLVED BY Project: City Manager recommending initiation of THE CITY COUNCIL OF THE CITY OF the bidding process for the Bell Street and Fifth DUBUQUE, IOWA: Street Construction Project and setting a public th That a public hearing will be held on the 15 hearing for July 15, 2002, presented and read. day of July, 2002, at 6:30 p.m. in the Public Michalski moved that the communication be Library Auditorium at which time interested received and filed. Seconded by Nicholson. persons may appear and be heard for or against Motion carried 7-0. the proposed plans and specifications, form of RESOLUTION NO. 320-02 contract and cost of said improvement, and the PRELIMINARY APPROVAL OF City Clerk be and is hereby directed to cause a PLANS AND SPECIFICATIONS notice of time and place of such hearing to be published in a newspaper having general NOW THEREFORE, BE IT RESOLVED BY circulation in the City of Dubuque, Iowa, which THE CITY COUNCIL OF THE CITY OF notice shall be not less than four days nor more DUBUQUE, IOWA: than twenty days prior to the day fixed for its That the proposed plans, specifications, form consideration. At the hearing, any interested of contract and estimated cost for the Bell Street person may appear and file objections to the and Fifth Street Construction Project in the proposed plans, specifications, contract, or estimated amount of $2,228,591.55 are hereby estimated cost of the improvement. approved and ordered filed in the office of the th Passed, adopted and approved this 17 day of City Clerk for public inspection. June, 2002. Passed, adopted and approved this 17th day Terrance M. Duggan, Mayor of June, 2002. Attest: Jeanne, F. Schneider, CMC, City Clerk Terrance M. Duggan, Mayor Michalski moved adoption of the Resolution. Attest: Jeanne F. Schneider, City Clerk Seconded by Nicholson. Motion carried 7-0. Michalski moved adoption of the Resolution. Seconded by Nicholson. Motion carried 7-0. RESOLUTION NO. 319-02 ORDERING BIDS 274 Regular Session, June 17, 2002 RESOLUTION NO. 321-02 September, 2002 subject to the concurrence of FIXING DATE OF HEARING the Federal Highway Administration. th ON PLANS AND SPECIFICATIONS Passed, adopted and approved this 17 day of Whereas, the City Council of the City of June, 2002. Dubuque, Iowa has given its preliminary Terrance M. Duggan, Mayor approval on the proposed plans, specifications, Attest: Jeanne F. Schneider, City Clerk and form of contract and placed same on file in Michalski moved adoption of the Resolution. the office of the City Clerk for public inspection Seconded by Nicholson. Motion carried 7-0. of the Bell Street and Fifth Street Construction Project. Jackson Street and West Locust Street NOW THEREFORE, BE IT RESOLVED BY Resurfacing Project: City Manager THE CITY COUNCIL OF THE CITY OF recommending initiation of the bidding process DUBUQUE, IOWA: for the Jackson Street and West Locust Street th That a public hearing will be held on the 15 Resurfacing Project and setting a public hearing day of July 15, 2002, at 6:30 p.m. in the Public for July 15, 2002, presented and read. Library Auditorium at which time interested Michalski moved that the communication be persons may appear and be heard for or against received and filed. Seconded by Nicholson. the proposed plans and specifications, form of Motion carried 7-0. contract and cost of said improvement, and the RESOLUTION NO. 323-02 City Clerk be and is hereby directed to cause a PRELIMINARY APPROVAL OF notice of time and place of such hearing to be PLANS AND SPECIFICATIONS published in a newspaper having general circulation in the City of Dubuque, Iowa, which NOW THEREFORE, BE IT RESOLVED BY notice shall be not less than four days nor more THE CITY COUNCIL OF THE CITY OF than twenty days prior to the day fixed for its DUBUQUE, IOWA: consideration. At the hearing, any interested That the proposed plans, specifications, form person may appear and file objections to the of contract and estimated cost for the Jackson proposed plans, specifications, contract, or Street and West Locust Street Resurfacing estimated cost of the improvement. Project in the estimated amount of th Passed, adopted and approved this 17 day of $1,332,980.02 are hereby approved and ordered June, 2002. filed in the office of the City Clerk for public Terrance M. Duggan, Mayor inspection. th Attest: Jeanne, F. Schneider, City Clerk Passed, adopted and approved this 17 day of Michalski moved adoption of the Resolution. June, 2002. Seconded by Nicholson. Motion carried 7-0. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk RESOLUTION NO. 322-02 Michalski moved adoption of the Resolution. ORDERING BIDS Seconded by Nicholson. Motion carried 7-0. NOW THEREFORE, BE IT RESOLVED BY RESOLUTION NO. 324-02 THE COUNCIL OF THE CITY OF DUBUQUE, FIXING DATE OF HEARING IOWA: ON PLANS AND SPECIFICATIONS That the Bell Street and Fifth Street Construction is hereby ordered to be advertised Whereas, the City Council of the City of for bids for construction. Dubuque, Iowa has given its preliminary BE IT FURTHER RESOLVED, that the amount approval on the proposed plans, specifications, of the proposal guaranty shall be not less than and form of contract and placed same on file in the amount as set forth in the proposal form and the office of the City Clerk for public inspection shall be filed with each proposal. of the Jackson Street and West Locust Street That the City Clerk is hereby directed to Resurfacing Project. advertise for bids for the construction of the NOW THEREFORE, BE IT RESOLVED BY improvements herein provided, to be published THE CITY COUNCIL OF THE CITY OF in a newspaper having general circulation in the DUBUQUE, IOWA: th City of Dubuque, Iowa, which notice shall not be That a public hearing will be held on the 15 less than twenty-one days nor more than forty-day of July, 2002, at 6:30 p.m. in the Public five days prior to the receipt of said bids at 9:00 Library Auditorium at which time interested th am on 20 of August 2002. Bids shall be persons may appear and be heard for or against opened and read by Iowa Department of the proposed plans and specifications, form of Transportation in Ames Iowa after 10:30 am on contract and cost of said improvement, and the the same date such as the bids are schedule to City Clerk be and is hereby directed to cause a be received. The bids will be submitted to the notice of time and place of such hearing to be rd Council for final action at 6:30 p.m. on the 3 of published in a newspaper having general circulation in the City of Dubuque, Iowa, which Regular Session, June 17, 2002 275 notice shall be not less than four days nor more Whereas, there has been presented to the City than twenty days prior to the day fixed for its Council of the City of Dubuque, Iowa, a plat consideration. At the hearing, any interested dated June 3, 2002 prepared by the City of person may appear and file objections to the Dubuque, describing a Plat of Easement for proposed plans, specifications, contract, or Storm and Sanitary Sewers across Lot 138 and estimated cost of the improvement. th Lot 139 of Mechanic’s Addition in the City of Passed, adopted and approved this 17 day of June, 2002. Dubuque, Dubuque County, Iowa; and Terrance M. Duggan, Mayor Whereas, said plat conforms to the laws and Attest: Jeanne, F. Schneider, City Clerk statutes pertaining thereto. NOW, THEREFORE, BE IT RESOLVED BY RESOLUTION NO. 325-02 THE CITY COUNCIL OF THE CITY OF ORDERING BIDS DUBUQUE, IOWA: NOW THEREFORE, BE IT RESOLVED BY Section 1. That the plat dated June 3, 2002 THE COUNCIL OF THE CITY OF DUBUQUE, prepared by the City of Dubuque relative to the IOWA: real estate hereinabove described be and the That the Jackson Street and West Locust same is hereby approved, and the Mayor and Street Resurfacing is hereby ordered to be City Clerk be and they are hereby authorized advertised for bids for construction. and directed to execute said plat for and on BE IT FURTHER RESOLVED, that the amount behalf of the City of Dubuque, Iowa. of the proposal guaranty shall be not less than Section 2. That the City Clerk be and is hereby the amount as set forth in the proposal form and authorized and directed to file said plat and shall be filed with each proposal. certified copy of this resolution in the office of That the City Clerk is hereby directed to the Recorder in and for Dubuque County, Iowa. th advertise for bids for the construction of the Passed, approved and adopted this 17 day of improvements herein provided, to be published June, 2002. in a newspaper having general circulation in the Terrance M. Duggan, Mayor City of Dubuque, Iowa, which notice shall not be Attest: Jeanne F. Schneider, City Clerk less than twenty-one days nor more than forty- Michalski moved adoption of the Resolution. five days prior to the receipt of said bids at 9:00 Seconded by Nicholson. Motion carried 7-0. th am on 20 of August 2002. Bids shall be opened and read by Iowa Department of RESOLUTION NO. 327-02 Transportation in Ames Iowa after 10:30 am on RESOLUTION OF INTENT TO DISPOSE OF the same date such as the bids are schedule to CITY INTEREST IN LOTS 138 AND 139 OF be received. The bids will be submitted to the MECHANIC’S ADDITION, DUBUQUE, IOWA rd Council for final action at 6:30 p.m. on the 3 of Whereas, Robert J. Cartmill and Glenn E. and September, 2002 subject to the acceptance of Georgia Bankson have requested the purchase the Federal Highway Administration. of Lots 138 and 139 of Mechanic’s Addition; and Passed, adopted and approved this 17th day Whereas, the City of Dubuque has relocated of June, 2002. and reconstructed sanitary and storm sewers on Terrance M. Duggan, Mayor said lots; and Attest: Jeanne F. Schneider, City Clerk Whereas, the City Council of the City of Michalski moved adoption of the Resolution. Dubuque, Iowa has determined that Lots 138 Seconded by Nicholson. Motion carried 7-0. and 139 of Mechanic’s Addition are no longer required for public use, except for sanitary and Sale of City Lots – Napier Street: City Manager storm sewer easements as noted, and sale of recommending that a public hearing be set for said lots known as Lots 138 and 139 of July 1, 2002 to consider a request from Robert Mechanic’s Addition in the City of Dubuque, J. Cartmill and Glenn and Georgia Bankson to Dubuque County, Iowa should be approved. purchase Lots 138 and 139 of Mechanic’s NOW, THEREFORE, BE IT RESOLVED BY Addition on the north side of Napier Street, THE CITY COUNCIL OF THE CITY OF presented and read. Michalski moved that the DUBUQUE, IOWA: communication be received and filed. Seconded Section 1. That the City of Dubuque intends to by Nicholson. Motion carried 7-0. dispose of its interest in Lots 138 and 139 of Mechanic’s Addition in the City of Dubuque, RESOLUTION NO. 326-02 Iowa. RESOLUTION APPROVING A PLAT OF Section 2. That the conveyance of Lot 138 of EASEMENT FOR STORM AND SANITARY Mechanic’s Addition in the City of Dubuque, SEWERS ACROSS LOT 138 AND LOT 139 OF Iowa to Robert J. Cartmill be contingent upon MECHANIC’S ADDITION IN THE CITY OF the payment of $300.00, plus publication and DUBUQUE, DUBUQUE COUNTY, IOWA filing fees. 276 Regular Session, June 17, 2002 Section 3. That the conveyance of Lot 139 of Mechanic’s Addition in the City of Dubuque, Iowa to Glenn E. and Georgia Bankson be Approved:__________________________2002 contingent upon the payment of $300.00, plus publication and filing fees. Adopted:___________________________2002 Section 4. The City of Dubuque reserves unto itself a perpetual easement including the right of ingress and egress thereto, for the purpose of ______________________________________ erecting, installing, constructing, reconstructing, Mayor repairing, owning, operating, and maintaining storm sewer and sanitary sewer as may be ______________________________________ authorized by the City of Dubuque, Iowa. Section 5. That the City Clerk be and is hereby ______________________________________ authorized and directed to cause a notice of intent to dispose of said real estate to be ______________________________________ published in the manner as prescribed by law. Passed, approved and adopted this 17th day ______________________________________ of June, 2002. Terrance M. Duggan, Mayor ______________________________________ Attest: Jeanne F. Schneider, City Clerk Michalski moved adoption of the Resolution ______________________________________ and set this for public hearing on 7/1/02 at a Council Members meeting to commence at 6:30 P.M. in the public library auditorium and that the City Clerk publish Attest: notice in the manner prescribed by law. Seconded by Nicholson. Motion carried 7-0. ______________________________________ City Clerk There being no further business, Buol moved to adjourn. Seconded by Michalski. Motion carried 7-0. The meeting adjourned at 8:28 P.M. /s/ Jeanne F. Schneider, CMC City Clerk 1t 6/26