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.
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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.
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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.
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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
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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
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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
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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
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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.
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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
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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
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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
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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.
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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
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Administration, at 6:30 p.m. on the 5 day of
RESOLUTION NO. 318-02
August, 2002.
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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.
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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
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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.
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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.
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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
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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