2002 June Council Proceedings
Special Session, June 3, 2002
217
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
Council met for dinner at 5:00 P.M. in the
Library Rotunda
City Council, Special Session, June 3, 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,
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 COM. Tony Zelinskas of
WHKS was also present.
At 6:28 P. M. there being no further business,
Buol moved to adjourn. Seconded by Markham.
Motion carried 7 -0. The special session
adjourned at 6:28 P.M.
/s/ Jeanne F. Schneider, CMC
City Clerk
1 t 6/12
Approved:
2002
Adopted:
2002
Mayor
Council Members
Attest:
City Clerk
218
Regular Session, June 3, 2002
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Regular Session, June 3, 2002
Council met in Regular Session at 6:30 P.M. in
the Library Auditorium
Present: Mayor Duggan, Council Members
Buol, Cline, Connors, Markham, Michalski,
Nicholson, City Manager Michael Van Milligen,
Corporation Counsel Barry Lindahl.
Mayor Duggan read the call and stated this is
the regular session of the City Council called for
the purpose of acting upon such business which
may properly come before the City Council.
Invocation was given by Reverend David
Pacholke, Chaplain, The Finley Hospital.
Proclamations: Rising Stars Independent
League Days (June 8 and 9, 2002) received by
three team members of "The Reds;" Apples for
Students Months (June and July, 2002) received
by Tasha Weitl of St. Mark Community Center.
CONSENT ITEMS
Minutes Submitted: City Council of 5/20;
Downtown Planning Committee of the Long
Range Planning Advisory Commission of 5/13;
Enterprise Zone Commission of 4/25; Housing
Trust Fund of 5/10; Long Range Planning
Advisory Commission of 5/15, presented and
read. Buol moved that the minutes be received
and filed. Seconded by Cline. Motion carried 7-
o.
Notice of Claims/Suits: Dodds River Terminal,
Inc., Molo Oil Company, Mulgrew Oil Company,
ORB E Properties, L.L.C., and Iowa Oil
Company vs. City of Dubuque, Iowa and the City
Council of the City of Dubuque, Iowa; Mary M.
Huseman in undetermined amount for property
damage; Gary Newt and Karen Newt, Newt
Marine, Inc., Dubuque Barge and Fleeting
Service, Inc. d/b/a/ Newt Marine and Dubuque
Terminals, Inc. vs. the City of Dubuque, Iowa;
Marissa Schultz in estimated amount of $511.40
for vehicle damage; Terrance J. Weidemann
and Linda M. Weidemann vs. the City of
Dubuque, Iowa and the City Council of the City
of Dubuque, Iowa, presented and read. Buol
moved that the claims and suits be referred to
the Legal Staff for investigation and report.
Seconded by Cline. Motion carried 7-0.
Corporation Counsel recommending that the
claim of John Noel for property damage be
forwarded to Horsfield Construction, Inc.,
presented and read. Buol moved that the
communication be received and filed and
concurred. Seconded by Cline. Motion carried
7-0.
Corporation Counsel recommending that the
claim of John Kivlahan for property damage be
denied, presented and read. Buol moved that
the communication be received and filed and
concurred. Seconded by Cline. Motion carried
7-0.
Residential Parking Permit District Petition:
Petition containing 28 signatures requesting that
a residential parking permit district be
established to include all of Green Street from
Asbury to Algona and Avoca Street from Green
to Cherry Street, presented and read. Buol
moved that the communication be received and
filed and referred to the City Manager.
Seconded by Cline. Motion carried 7-0.
Dubuque Racing Association: City Manager
recommending approval of a request from the
Dubuque Racing Association to amend the 2002
ORA capital improvement schedule, presented
and read. Buol moved that the communication
be received and filed and approved recom-
mendation. Seconded by Cline. Motion carried
7-0.
Grand Opera House: Communication from the
Historic Preservation Commission recom-
mending the nomination of the Grand Opera
House to the National Register of Historic
Places, presented and read. Buol moved that
the communication be received and filed and
approved recommendation. Seconded by Cline.
Motion carried 7-0.
Lead Hazard Reduction Grant: City Manager
recommending execution of an application to the
U.S. Department of Housing and Urban
Development for the continuation of the Lead
Based Paint Hazard Prevention Program,
presented and read. Buol moved that the
communication be received and filed. Seconded
by Cline. Motion carried 7-0.
RESOLUTION NO. 276-02
RESOLUTION AUTHORIZING THE MAYOR
TO EXECUTE AN APPLICATION FOR A
LEAD-BASED PAINT HAZARD REDUCTION
GRANT
Whereas, the City of Dubuque has operated a
local childhood lead poisoning prevention
program since 1994; and
Whereas, the City received Round 4 lead
hazard removal funding, in the amount of $3.69
million; and
Whereas, the U.S. Department of Housing and
Urban Development has made available
Regular Session, June 3, 2002
219
additional funds for a Lead Hazard Control
Program, including lead-based paint hazard
control, lead hazard awareness, community
outreach and environmental assessments and
treatments in 225 units; and
Whereas, the City of Dubuque proposes a
Lead-based Paint Hazard Reduction program in
Census Tracts 1, 2, 5, 6, 7.01 and 7.02 in the
City of Dubuque. The proposed application is
for a continuation of the primary lead-based
paint hazard reduction program, for the
inspection and lead-based paint hazard
reduction in an additional 225 units.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1: That the Mayor is hereby
authorized and directed to execute an
application to the U.S. Department of Housing
and Urban Development for a Lead-based Paint
Hazard Reduction Grant in the amount of
$2,430,949.
Section 2: That the City Manager is hereby
authorized and directed to forward said
application and resulting standard executed
contract to the respective agencies in a timely
fashion and as required by the U. S. Department
of Housing and Urban Development.
Passed, approved and adopted this 3rd day of
June, 2002.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Cline. Motion carried 7-0.
Healthy Homes Grant: City Manager
recommending execution of an application to the
U.S. Department of Housing and Urban
Development for a Healthy Homes Initiative
Demonstration Grant to promote cost-effective
measures to correct multiple safety and health
hazards in home environments, presented and
read. Buol moved that the communication be
received and filed. Seconded by Cline. Motion
carried 7-0.
RESOLUTION NO. 277-02
RESOLUTION AUTHORIZING THE
TO EXECUTE AN APPLICATION
HEALTHY HOMES INITIATIVE
STRATION GRANT
Whereas, the City of Dubuque has operated a
local childhood lead poisoning prevention
program since 1994; and
Whereas, the City received Round 4 lead
hazard removal funding, in the amount of $3.69
million; and
Whereas, the U.S. Department of Housing and
Urban Development has made available
additional funds for a Healthy Homes Initiative
program, including lead-based paint hazard
control, lead hazard awareness, healthy homes
MAYOR
FOR A
DEMON-
public education and community outreach, and
environmental assessments and treatments to
impact a variety of household health and safety
issues; and
Whereas, the City of Dubuque proposes a
Healthy Homes Initiative program in Census
Tracts 1, 2, 5, 6, 7.01 and 7.02 in the City of
Dubuque. The new proposed application is for a
project to promote cost effective measures to
correct multiple safety and health hazards in
home environments.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1: That the Mayor is hereby authorized
and directed to execute an application to the
U.S. Department of Housing and Urban
Development for a Healthy Homes Initiative
Demonstration Grant in the amount of
$1,000,000.
Section 2: That the City Manager is hereby
authorized and directed to forward said
application and resulting standard executed
contract to the respective agencies in a timely
fashion and as required by the U. S. Department
of Housing and Urban Development.
Passed, approved and adopted this 3rd day of
June, 2002.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Cline. Motion carried 7-0.
Hillcrest Family Services HOPES Project: City
Manager recommending approval of the
publication of the Combined Notice of No
Significant Impact on the Environment and
Notice of Intent to Request Release of Funds for
the Hillcrest Family Services HOPES Project,
presented and read. Buol moved that the
communication be received and filed. Seconded
by Cline. Motion carried 7-0.
RESOLUTION NO. 278-02
A RESOLUTION AUTHORIZING PUBLICA-
TION OF A COMBINED NOTICE OF FINDING
OF NO SIGNIFICANT IMPACT ON THE
ENVIRONMENT AND NOTICE OF INTENT TO
REQUEST RELEASE OF FUNDS FOR
HILLCREST FAMILY SERVICES HOPES
PROJECT.
Whereas, the City of Dubuque will enter into a
Grant Agreement for the Fiscal Year
commencing July 1, 2002, with the U.S.
Department of Housing and Urban
Development, providing for Community
Development Block Grant (CDBG) funds under
Title I of the Housing and Community
Development Act of 1974, as amended; and
Whereas, the City of Dubuque approved a
Community Partnership (cp2) grant on May 20,
2002 for the Hillcrest Family Services HOPES
220
Regular Session, June 3, 2002
project which is funded with Community
Development Block Grant (CDBG) funds; and
Whereas, pursuant to the rules and regulations
as promulgated by the U.S. Department of
Housing and Urban Development, an
environmental review has been processed for
the Hillcrest Family Services HOPES project;
and
Whereas, based on said environmental review,
the Housing and Community Development
Department has determined that said project will
have no significant impact on the environment;
and
Whereas, a combined notice of" Finding of No
Significant Impact on the Environment" and of
"Intent to Request Release of Funds" for said
projects will be sent by regular mail to various
tribal, federal, state and local public agencies; to
the appropriate Regional Office of the
Environmental Protection Agency, to the HUD
Field Office and to the local news media,
individuals and groups known to be interested
and believed to be appropriate to receive such a
notice; and
Whereas, any and all comments received as a
result of such notice will be duly considered
before proceeding with a Request for Release of
Funds and Certification.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Clerk be and is hereby
authorized and directed to publish a combined
Notice of Finding of No Significant Impact on the
Environment and Notice of Intent to Request
Release of Funds for the Hillcrest Family
Services HOPES project and to make the
Environmental Review Record for said projects
available for public inspection and comment until
5:00 p.m. on June 21, 2002. Such notice shall
be in the form of Exhibit "A" attached hereto and
made a part hereof.
Section 2. That the environmental review
record for the project shall be placed on file in
the Housing and Community Development
Department where said record may be
examined and copied by any interested party.
Section 3. That the Mayor of the City of
Dubuque is hereby authorized and directed to
submit to the U.S. Department of Housing and
Urban Development fifteen (15) days after
publication of appropriate notice a Request for
Release of Funds to undertake the said project.
Section 4. That the Mayor of the City of
Dubuque is hereby authorized to consent to
assume the status of a responsible federal
official under the National Environmental
Protection Act, insofar as the provisions of the
said Act apply to the U.S. Department of
Housing and Urban Development
responsibilities for review, decision making, and
action assumed and carried out by the City of
Dubuque as to environmental issues.
Section 5. That the Mayor of the City of
Dubuque is hereby authorized to consent
personally, in his official capacity and on behalf
of the City of Dubuque, to accept the jurisdiction
of the federal courts if an action is brought to
enforce responsibilities in relation to
environmental review, decision-making and
action.
Section 6. That the Mayor of the City of
Dubuque is and he is hereby authorized and
directed to execute a certification pertaining to
the environmental review procedures.
Passed, approved and adopted this 3rd day of
June 2002.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Cline. Motion carried 7-0.
Penalties for Tobacco Permit Holders: City
Manager recommending that a hearing be held
on June 17, 2002 to consider assessing the
appropriate civil penalty for underage tobacco
sales to eleven tobacco permit holders,
presented and read. Buol moved that the
communication be received and filed and set
hearing for 6/17/02. Seconded by Cline. Motion
carried 7-0.
Algona Street Reconstruction Project: City
Manager recommending adoption of the final
schedule of assessments for the Algona Street
Reconstruction Project, presented and read.
Buol moved that the communication be received
and filed. Seconded by Cline. Motion carried 7-
o.
RESOLUTION NO. 279-02
A RESOLUTION ADOPTING THE FINAL
ASSESSMENT SCHEDULE FOR THE
ALGONA STREET RECONSTRUCTION PRO-
JECT INCLUDING CERTAIN INFORMATION
REQUIRED BY THE CODE OF IOWA,
SPECIFICALLY, THE NUMBER OF ANNUAL
INSTALLMENTS INTO WHICH ASSESS-
MENTS ARE DIVIDED, THE INTEREST OF
ALL UNPAID INSTALLMENTS, THE TIME
WHEN THE ASSESSMENTS ARE PAYABLE
AND DIRECTING THE CLERK TO CERTIFY
THE FINAL SCHEDULE AND TO PUBLISH
NOTICE THEREOF
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That after full consideration of the final
schedule of assessments and accompanying
plat showing the assessments proposed to be
made for the construction of the Algona Street
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
office of the City Clerk on the 29th day of May,
2002, the said schedule of assessments be and
the same is hereby approved and adopted.
That there be, and is hereby assessed and
levied as a special tax against and upon each of
the lots, the respective sums indicated.
Provided, further, that the amounts shown in
said final schedule of assessments as
deficiencies are found to be proper and levied
conditionally against the respective properties
benefited by the improvements as shown in the
schedule, subject to the provisions of Section
384.63 of the Code of Iowa. Said assessments
against said lots are hereby declared to be in
proportion to the special benefits conferred and
not in excess of twenty-five percent of the value
of same.
That the City Clerk be and is hereby directed
to certify said schedule to the County Treasurer
of Dubuque County, Iowa, and to publish notice
of said certification once each week for two
consecutive weeks in the manner provided in
Section 362.3, the first publication of which shall
be not more than fifteen days from the date of
filing of the final schedule. On or before the date
of the second publication of the notice, the City
Clerk shall also mail a copy of said notice to
property owners whose property is subject to
assessment, as provided and directed in Section
384.60 of the Code of Iowa.
That assessments may be paid in full or in part
without interest at the office of the County
Treasurer, at any time within 30 days after the
date of the first publication of this notice of the
filing of the final schedule of assessments with
the County Treasurer. After 30 days unpaid
assessments of $50.00 or more are payable in
10 annual installments and will draw annual
interest at nine (9) percent (commencing on the
date of acceptance of the work) computed to the
December 1 next following the due dates of the
respective installments as provided in Section
384.65 of the Code of Iowa. Each installment
will be delinquent from October 1 following its
due date on July 1 of each year. Property
owners may elect to pay any annual installments
semiannually in advance.
Passed, approved and adopted this 3rd day of
June, 2002.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
CITY OF DUBUQUE, IOWA
ALGONA STREET
(St. Joseph Street to Grace Street)
FINAL SCHEDULE OF ASSESSMENTS
The following schedule is hereby determined
to show each lot proposed to be assessed for
the improvement shown in the title together with
the amount proposed to be assessed against
each lot and the valuations shown opposite each
lot are hereby fixed as the true valuations of
such lots by the City Council of the City of
Dubuque.
OWNER LOT DESCRIPTION AND PARCEL
NO. TOTAL ASSESSMENT DUE
RECHE'S SUBDIVISION
University of Dubuque 34 10-26-137-004
$2,529.66
University of Dubuque 33 10-26-137-004
University of Dubuque 32 10-26-137-004
University of Dubuque 31 10-26-137-004
RECHE'S SUBDIVISION #2
University of Dubuque 1-1-1 10-26-136-003
$882.07
10-26-136-003
10-26-136-003
10-26-136-003
10-26-136-002
$1,363.86
University of Dubuque 2-2 10-26-136-002
University of Dubuque 1-1-3 10-26-136-002
University of Dubuque 2-1-3 10-26-136-002
University of Dubuque 2-3 10-26-136-002
University of Dubuque 1-1-17 A 10-26-136-001
$458.02
University of Dubuque 4 10-26-136-001
University of Dubuque 1-5 10-26-136-001
University of Dubuque 1-6 10-26-136-001
University of Dubuque 7 10-26-136-001
HANTELMAN'S SUBDIVISION
Broessel, Judith E. 1 10-26-181-007
$46.34
Jaeggi, Wm. J. & Phyllis 2 10-26-181-006
$121.63
McKillip, Joesph L. & Nancy A. 3 10-26-181-
005 $206.92
University of Dubuque 4 10-26-181-003
$519.11
University of Dubuque 5 10-26-181-002
$984.43
2 - 2 - 1 - 6 10-26-
University of Dubuque 2-1-1
University of Dubuque 2-1
University of Dubuque 2-1-2
University of Dubuque 1-1-2
University of Dubuque
181-002
Marugg, Keith F. Sr. 1-2-1-6
10-26-181-012
$1,273.06
10-26-181-013
$1,482.17
2-2-W 45'
$11.18
10-29-
Lammer, Jana Jane 1-1-6
Schellenger, Matthew S. & Jolene F.
- 7 10-26-181-004
Marugg, Keith F. Sr. 1-2-W 45' - 7
181-012
Lammer, Jana Jane 1 - W. 45' - 7 10-26-181-
013
Thompson, Steven J. & Pfaff - Thompson,
Gretchen E. 10' - 7 10-26-181-014
$454.18
Thompson, Steven J. & Pfaff - Thompson,
Gretchen W 45' - 8 10-26-181-014
Cornelius, John & EloyseE. 10' - 8 10-26-
181-015 $229.69
Cornelius, John & Eloyse 9 10-26-181-015
Roeth, Jodi L. 10 10-26-181-016 $76.10
ANN O'HARE'S SUBDIVISION
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
$1,618.83
2 - 2 -2 - S. 1/2 - 1010-
Marugg, Keith F. Sr.
26-181-012
Lammer, Jana Jane
26-181-013
Collins, Joseph A. & Clara L. W. 62.34' - N. 1/2-
10 10-26-176-012 $2,196.79
University of Dubuque N. 1/2 - E. 57.82' - 11
10-26-176-011 $754.90
University of Dubuque N. 1/2 E. 50' - W.
80.12'-11 10-26-176-010 $304.79
Reynolds, Melvin & Lavonne N. 134' - N. 168'-
W 30.12' - W 80.12' -11 10-26-176-
009 $144.20
Reynolds, Melvin & Lavonne N. 134' N. 168' - E.
19.88' -1210-26-176-009
University of Dubuque E. 50' - N. 1/2 - E. 56' -
W118.06'-12 10-26-176-007 $0.00
$122.17
University of Dubuque W. 6' - N. 1/2 - E. 56' -
W 118.06' - 12 10-26-176-007
Hoppmann, Harold A & Helen M. N. 1/2 - E. 50'
- W 62.06' -12 10-26-176-006 $0.00 $28.56
University of Dubuque 1 -1-1-S.1/2-10 10-26-
176-025 $0.00 $1,825.22
University of Dubuque 2 -2 -1 -So 1/2 -10 10-
26-176-025
University of Dubuque 1 -2 - 1 - S. 1/2 -10 10-
26-176-024 $0.00 $1,036.34
University of Dubuque 2 -1 -1 -1 - S. 1/2 -10
10-26-176-024
University of Dubuque S. 1/2 - E. 57.82' - 1110-
26-176-023 $0.00 $544.75
University of Dubuque S. 1/2 - E. 50' - W. 80.12'
-11 10-26-176-022 $0.00 $212.44
Bell, MaryJ.S.100'-W 30.12'W 80.12'-11
10-26-176-021 $0.00 $115.04
Bell, Mary J. S. 34' - N. 168' - W 30.13' - W
80.12' - 1110-26-176-021
Bell, MaryJ.S. 100'-E. 19.88'-12 10-26-176-
021
Bell, Mary J. S. 34' - N. 168' - E. 19.88' - 12 10-
26-176-021
University of Dubuque S. 125' - E. 50' - S. 1/2-
E. 56' - W 118.06' - 12 10-26-176-020 $0.00
$82.56
University of Dubuque N. 9' - E. 50' - S. 1/2 - E.
56' - W 118.06' -1210-26-176-008 $0.00
$6.88
University of Dubuque W. 6' - S. 1/2 - E. 56' -
W 118.06' -12 10-26-176-019 $0.00 $16.05
University of Dubuque S. 1/2 - E. 50' - W. 62.06'
- 12 10-26-176-019
Burton, James F. & Kelly, Mary Kay N. 1/2 - 1
10-26-182-001 $659.08 $1,929.94
Burton, James F. & Kelly, Mary Kay N. 1/2 - 2
10-26-182-001
DAVIS SUBDIVISION
Miller, Brian M. S. 1/2 -1 10-26-182-002
$0.00 $1,270.86
Miller, Brian M. S. 1/2 - 2 10-26-182-002
1-2-2-S. 1/2 -1 0
10-
Galliart, Fred L. & Lillian K.310-26-182-006
$0.00 $442.19
Kelly, Mitch K. a/k/a/ Kevin Mitchell Kelly 4 10-
26-182-007 $0.00 $219.70
Michelle A. Grace5 10-26-182-008 $0.00
$125.43
Spielman, Charles J. & Helen A. (und 1/2 Int.)
Spielman 610-26-182-009 $0.00 $43.44
Spielman, Craig E. (und 1/2Int) 610-26-182-
009 $0.00 $43.44
Horsfall, Mary L. 710-26-182-010 $0.00
$69.11
Nelson, Stephanie A. N. 1/3 - 17 & 1810-26-
182-003 $639.32 $1,473.98
Davis, Michael 1. & Laurel M. 1/3 - 17 & 1810-
26-182-004 $632.13 $1,466.79
Davis, Michael 1. & Laurel S. 1/3 - 17 & 18 10-
26-182-005 $0.00 $834.66
Brotzman, LeslieJ. &AmyJ.16 10-26-182-015
$0.00 $443.59
Schultz, Joe A. 15 10-26-182-016 $657.28
$887.56
Knabel, Sandra M. Trustee of the Sandra M.
Knabel Trust 14 10-26-182-017 $0.00
$128.02
Johnson, Timmy J. & Carla M. 2 - 13 10-26-
182-018 $0.00 $127.43
Johnson, Timmy J. & Carla M. 1 - 13 10-26-
182-018
Johnson, Timmy J. & Carla M. 1 - 12 10-26-
182-018
LoBianco, Joseph S. & Janet 2 - 12 10-26-
182-019 $0.00 $33.55
BENNETT STREET SUBDIVISION
Noel, Nicholas F. & Gail M. W 53' - 1 10-26-
177-006 $0.00 $2,015.44
Carter, Mary L. 210-26-177-005 $0.00
$788.72
Kramer, Cheryl Dineen 310-26-177-004 $0.00
$345.73
Stewart, Shawn M. & Tessa A.410-26-177-003
$0.00 $165.57
Ellwanger, Lois D. 510-26-177-002 $0.00
$102.46
Lehr, Rosemary 1. 610-26-177-008 $0.00
$95.87
Fawver, Lonnie J. 710-26-177-009 $0.00
$156.59
Fawver, Lonnie J.810-26-177-010 $0.00
$329.55
Birdsell, Deborah - Att. James V. Sarcone, Jr.
N. 1/3 - 9 10-26-177-011 Water Service
Assessment: $836.93 $1,748.88
Birdsell, Deborah - Att. James V. Sarcone, Jr.
N.1/3-W60'-10 10-26-177-011
Smith, Michael S. & Dana J. M. 1/3 - 9
10-26-177-012 $911.95
Smith, Michael S. & Dana J. M. 1/3 - W 60' - 10
10-26-177-012
Miller, Harold O. & VeronS. 1/3 - 9 10-26-
177-013 Water Service Assessment: $818.96
$1,730.91
Regular Session, June 3, 2002
223
Miller, Harold O. & VeronS. 1/3 W. 60' -10
10-26-177-013
ANN O'HARE'S SUBDIVISION
University of Dubuque 1 - 1 - 1 - 1 - 18
10-26-177-001 $80.47
Strang, Brian J. & Cynthia A.2-1-18 10-26-
177-007 $62.31
DATISMAN SUBDIVISION
Anderson, Robert D. Jr. & Deborah Kay 1
10-26-183-004 $1 ,095.50
Howard, Stephen R. 2 10-26-183-003
$1,102.09
Meloy, Mary Ann 3 10-26-183-002
$1,109.08
Debra Henricks 4 10-26-183-001
$1,116.07
Eggers, Anita R. 5 10-26-183-005
$237.47
Swift, Edward A. 6 10-26-183-006
$109.65
Kling, William F. W 80' - 7 10-26-183-007
$74.90
Raford, Joseph & Florence 8 10-26-183-013
$80.89
Mullen, Evelyn 9 10-26-183-012
$114.24
Ernsdorff, Michael 1. & Sandra J. 10 10-26-
183-011 $254.65
MICHEL'S SUBDIVISION
Ronek, Joseph L. & Linda J. W. 25' - 7 10-
26-178-006 Water Service Assessment:
$908.79 $3,141.33
Ronek, Joseph L. & Linda J. 8 10-26-178-
006
Ronek, Joseph L. & Linda J. 9 10-26-178-
006
Kitchen, Monroe A. & Mary 10
005
Devaney, Sheila J. 11
10-26-178-
$206.52
10-26-178-004
$103.66
Reed, Thomas P. & Nancy A. 12 10-26-178-
003 $72.30
Anthony, Esther I. & Mark W. & Anderson,
James M. 13 10-26-178-002 $31.16
Rodham, John S. & Helen A. 18 10-26-178-
009 $31.16
Sweeney, Jan M. & Cynthia A. 19 10-26-
178-010 $72.30
Koch, Terrance J. & Denise M. 20 10-26-
178-011 $103.66
Exline, David K. & Kelly A. 21 10-26-178-
012 $206.52
Wold, Judy N. 1/2 - 22 10-26-178-013
Water Service Assess. $854.89 $1,971.16
Wold, Judy N. 1/2 - 23 10-26-178-013
Wold, Judy N. 1/2 - W 25' - 24 10-26-178-
013
McLaughlin, Kenneth W, & Benita J. S. 1/2-
22 10-26-178-014 Water Service
Assessment: $854.89 $1,971.16
McLaughlin, Kenneth W. & Benita J. S. 1/2 - 23
10-26-178-014
McLaughlin, Kenneth W. & Benita J. S. 1/2 - W.
25' - 24 10-26-178-014
QUIGLEY'S SUBDIVISION
Mauss, James J. & Ann M. 2 - 1 - 25 10-26-
184-001 Water Service Assess.: $603.39
$1,846.69
Young, Lorraine M. 2 -1 -1 -1 - 25 10-26-184-
002 Water Service Assess. $585.43
$1,713.08
10-26-184-
Young, Lorraine M. 2 - 2 - 2 -24
002
Frommelt, Joseph M. & Linda A.
10-26-184-003
Frommelt, Joseph M. & Linda A.
10-26-184-003
Miller, Joseph F. & Mary E. 1 - 2 - 1 - 1 - 25
10-26-184-004 Water Service Assess.
$585.43 $1,798.17
Archiquette, Mary Ann 2 - 2 -1 -1 -25 10-26-
184-005 $1,119.07
Miller, Joseph F. & Mary E 1 - 1 - 2 - 24 10-
26-184-004
Archiquette, Mary Ann
26-184-005
Kelly, Richard J. Jr. & Traci A. 26 10-26-
184-009 $1,238.70
Steines, Timothy P. & Lynn M. 27 10-26-
184-010 $400.25
Steffen, Jerome J. & Lorraine A. cont. Frommelt,
Kent D. & Sharon S. W 50' - 28 10-26-
184-011 $114.44
Archiquette, Mary Ann 2 -1 - 59 10-26-184-
005
Archiquette, Mary Ann 2 - 1 - 58 10-26-
184-005
Sola, Marcia J. 2 - 1 - 1 - 59
1 - 1- 1- 1 - 25
$1,126.86
1 - 2 - 2 - 24
2 -1 -2 - 24
10-
10-26-184-006
$1,073.73
Sola, Marcia J. 2 - 1 - 1 - 58 10-26-184-006
Selle, Thomas A. & Peggy J. 2 - 1 - 1 - 1 - 59
10-26-184-007 $1,073.73
Selle, Thomas A. & Peggy J. 2 - 1 - 1 - 1 - 58
10-26-184-007
Gielissen, Robert J. & Delores 1 - 1 - 1 - 1 -
59 10-26-184-008 $1,073.73
Gielissen, Robert J. & Delores 1 - 1 - 1 - 1- 58
10-26-184-008
McCullough, James A. 2 - 58
016
Healy, Carl S. & Gwen
10-26-184-
$431.81
57 10-26-184-017
$393.66
56 10-26-
$148.40
20 10-26-179-
$43.14
Clemen, Roger C. & Karolyn K.
184-018
Thill, Thomas J. & Diane M.
003
WESTABY'S SUBDIVISION
Childers, Randy Gerard & Loewen, Lori Lee 1
10-26-179-020 Water Service
Assessment: $809.98 $1,846.16
Leytem, John J. Jr. & Lois A. 2 10-26-179-
019 $1,037.38
Spiegel halter, Steven M. 3 10-26-179-018
Water Service Assess. $801.00 1,837.18
224
Regular Session, June 3, 2002
Soppe, Christopher & Amy 4 10-26-179-017
$1,034.98
Cremer, Jeffrey D. 5 10-26-179-016
$1,033.98
Hauber, Richard W. & Donna K. 6 10-26-
179-015 Water Service Assess.: $801.00
$1,833.78
Haye, Robert L. 7 10-26-179-014 $1,031.79
Sommer, Cory 0.8 10-26-179-013 $1,723.04
Sommer, Cory 0.9 10-26-179-013
Markham, Daniel P. & Kelly M. 10 10-26-179-
006 $287.41
Markham, Daniel P, & Kelly M. 1 - 1 - 11
10-26-179-006
Deutmeyer, Melvin A. & Kathleen R. 1 - 2 - 1-
11 10-26-179-005 $205.92
Redding, Donald L. & Eunice M. 2 - 2 - 1 - 11
10-26-179-004 $113.64
Ahmann, Robert J. & Malinda L. 1 - 1 - 2 - 11
10-26-179-007 $568.62
Phillips, Murray E,. & Julie E. E. 50' - E. 100'
-2-2-11 10-26-179-012 $203.52
Ahmann, Robert J. & Malinda L. W. 50' - E.
100' - 2 - 2 - 11 10-26-179-011 $173.36
Ahmann, Robert J, & Malinda L. E. 49' - W.
149' - 2 - 2 - 11 10-26-179-011
Hiatt, Thomas J. & Carla A. W. 100' - W. 149'
-2-2-11 10-26-179-010 $40.54
Hiatt, Thomas J. & Carla A. 2 - 1 - 2 - 11
10-26-179-010
O'NEILL'S SUBDIVISION NO.3
Welu, Nancy L. 1 10-26-327-029 $998.63
Carbone, Frank A. & Rhonda A. 2 10-26-
327-028 $998.63
Haxmeier, Hilda C. 3 10-26-327-027
$998.63
Donovan, Robert J. 4 10-26-327-026
$998.63
Hakanson, Oscar L. 5 10-26-327-025
$998.63
Layland, John 6 10-26-327-024
$998.63
7 10-26-327-
$998.63
7 A 10-26-327-
$104.46
10-26-327-
$998.63
8A 10-26-327-
$275.22
Water
$1,799.63
10 10-26-327-
$998.63
11 10-26-327-
$998.63
12 10-26-327-
$998.63
13 10-26-327-
$998.63
Water
$1,799.24
Reicher, Wayne E. & Rita R.
023
Riecher, Wayne E. & Rita R.
031
Laird, Mark & Cue, Shelley 8
022
Laird, Mark & Cue, Shelley
030
Lang, Judith S. 9 10-26-327-021
Service Assess: $801.00
Hume, Ronald J. & Bonnie J.
020
Davis, Terry Lee & Cherie H.
019
Bush, Joseph J. & Shari A.
018
Steve, Larry M. & Marie K.
017
Fuerst, Paul A 14 10-26-327-016
Assess. $783.03
Fuerst, Paul A. 2 - 15
Zart, Jeaninne A. 1 - 15
10-26-327-016
10-26-327-015
$962.48
SISTER'S ADD
Apel, Dolores; Wosthoff, Kathleen & Apel,
Thomas N. Bal - 1 - 2 - 33 10-26-328-
001 $1,336.77
Bowman, Craig S. S. 4' - 1 - 2 -33 10-26-
328-002 $1,446.02
Bowman, Craig S 2 - 2 - 33 10-26-328-002
Bowman, Craig S. 2 - 2 - 32 10-26-328-002
Brahm, William E. & Theresa E. 1 - 2 - 32
10-26-328-003 Water Service Assess.
$528.36 $1,890.50
Brahm, William E. & Theresa E. 2 - 2 - 31
10-26-328-003
Domeyer, Roland J. & Terese
10-26-328-004
St. Joseph's Church 1 -1 -1 -33
011
St. Joseph's Church 2 -1 -1 -33
012
St. Joseph's Church
011
St. Joseph's Church -1 -1 - 32 10-26-328-
012
St. Joseph's Church 1 -1 - 31
012
St. Joseph's Church W. 175' - 30
328-005
Strub, Dorothy A. 2 - 1 - 29
006
Strub, Dorothy A.
10-26-328-006
Bierie, Michael David N. 10' - S. 30' - W - 125'
-1-1-29 10-26-328-007 $1,524.71
Bierie, Michael David S. 20' - S. 30' - W 125'
- 1 -1 - 29 10-26-328-007
Bierie, Michael David N. 40' - W. 125' - 2-
1 - 28 10-26-328-007
McDermott, F. L. & Marie S. 10' - W. 125' - 2
- 1 - 28 10-26-328-008 $1,307.01
McDermott, F. L. & Marie W. 125' - 1 - 1 - 28
10-26-328-008
Breitbach, Michael J. W 125' - N. 1/2 - W
1/2 - 27 10-26-328-009 $1 ,089.11
White, Rosemary & Brillhart, Bruce R. W. 100' -
S. 1/2 - W 1/2 - 27 10-26-328-010 $998.63
St. Joseph's Church pt 26 10-26-328-023
$3,217.43
St. Joseph's Church E. 50' - S. 1/2 -W 1/2 -
27 10-26-328-023
St. Joseph's Church E. 1/2 - 27 10-26-328-
023
St. Joseph's Church E. 25' - N. 1/2 - W 1/2 -
27 10-26-328-023
St. Joseph's Church 1 - 2 - 28 10-26-328-
023
St. Joseph's Church E. 25' - 1 - 1 - 28
10-26-328-023
St. Joseph's Church 2 - 2 - 28 10-26-328-023
1 - 2 - 31
$1,364.13
10-26-328-
$286.66
10-26-328-
$602.50
2 -1 -1 -32 10-26-328-
10-26-328-
10-26-
$2,397.49
10-26-328-
$1,584.03
N. 20' - W 125" - 1 - 1 - 29
St. Joseph's Church
Regular Session, June 3, 2002
225
E. 25' - 2 - 1 - 28 10-26-
328-023
1 - 2 - 29 10-26-328-023
E. 25' -1- 1 - 29 10-26-
St. Joseph's Church
St. Joseph's Church
328-023
St. Joseph's Church 2 - 2 - 29 10-26-328-023
TOTALS:
Deficiency Assessment: $491.62
Water Service Assessment: $13,160.89
TOTAL NET ASSESSMENTS $112,972.27
Buol moved adoption of the Resolution.
Seconded by Cline. Motion carried 7-0.
Audubon Society Bulletin Board: City
Manager recommending acceptance of the
donation of a bulletin board by the Dubuque
Audubon Society to be installed in the park area
on the west side of the East 15th Street
Stormwater Detention Basin near the wildlife
observation shelter, presented and read. Buol
moved that the communication be received and
filed and approved recommendation. Seconded
by Cline. Motion carried 7-0.
Bergfeld Recreation Area Jetty and Access
Trail Project: City Manager recommending
acceptance of the Bergfeld Recreation Area
Jetty and Access Trail Project in the final
contract amount of $68,779.89, presented and
read. Buol moved that the communication be
received and filed. Seconded by Cline. Motion
carried 7-0.
RESOLUTION NO. 280-02
ACCEPTING IMPROVEMENT
WHEREAS, the contract for the BERGFELD
RECREATION AREA JETTY AND ACCESS
TRAIL PROJECT has been completed and the
City Manager has examined the work and filed
his certificate stating that the same has been
completed according to the terms of the
contract, plans and specifications and
recommends its acceptance.
NOW, THEREFORE, BE IT RESOLVED, BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
1. That the recommendation of the City
Manager be approved and that said
improvement be and the same is hereby
accepted.
BE IT FURTHER RESOLVED that the City
Treasurer be and he is hereby directed to pay to
the contractor from the General Fund in amount
equal to the amount of this contract, less any
retained percentage provided for therein.
Passed, approved and adopted this 3rd day of
June, 2002.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Cline. Motion carried 7-0.
RESOLUTION NO. 281-02
FINAL ESTIMATE
WHEREAS, the contract for the BERGFELD
RECREATION AREA JETTY AND ACCESS
TRAIL PROJECT has been completed and the
Engineer has submitted his final estimate
showing the cost thereof including the cost of
estimates, notices and inspection and all
miscellaneous costs;
NOW, THEREFORE, BE IT RESOLVED, BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the cost of said improvement
is hereby determined to be $68,779.89, and the
said amount shall be paid from the Fiscal Year
2002 General Fund appropriations of the City of
Dubuque, Iowa.
Passed, approved and adopted this 3rd day of
June, 2002.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Cline. Motion carried 7-0.
2001 Harbor Maintenance Dredging Project:
City Manager recommending acceptance of the
2001 Harbor Maintenance Dredging Project in
the final contract amount of $83,708.95,
presented and read. Buol moved that the
communication be received and filed. Seconded
by Cline. Motion carried 7-0.
RESOLUTION NO. 282-02
ACCEPTING IMPROVEMENT
Whereas, the contract for the 2001 Harbor
Maintenance Dredging Project has been
completed and the City Manager has examined
the work and filed his certificate stating that the
same has been completed according to the
terms of the contract, plans and specifications
and recommends its acceptance.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the recommendation of the
City Manager be approved and that said
improvement be and the same is hereby
accepted.
BE IT FURTHER RESOLVED that the City
Treasurer be and he is hereby directed to pay to
the contractor from the Fiscal Year 2002 Harbor
Area Maintenance Capital Improvement
Program in amount equal to the amount of his
contract, less any retained percentage provided
for therein.
Passed, approved and adopted this 3rd day of
June, 2002.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Cline. Motion carried 7-0.
226
Regular Session, June 3, 2002
RESOLUTION NO. 283-02
FINAL ESTIMATE
Whereas, the contract for the 2001 Harbor
Maintenance Dredging Project has been
completed and the City Engineer has submitted
his final estimate showing the cost thereof
including the cost of estimates, notices and
inspection and all miscellaneous costs.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the cost of said improvement
is hereby determined to be $87,793.31 and the
said amount shall be paid from Fiscal Year 2002
Harbor Area Maintenance Capital Improvement
Program of the City of Dubuque, Iowa.
Passed, approved and adopted this 3rd day of
June, 2002.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Cline. Motion carried 7-0.
Transfers Between City of Dubuque Bank
Accounts: City Manager recommending
authorization for certain Finance Department
employees to obtain information and transfer
money between City of Dubuque bank accounts,
presented and read. Markham moved that the
communication be received and filed. Seconded
by Cline. Motion carried 7-0.
RESOLUTION NO. 284-02
RESOLUTION AUTHORIZING CERTAIN CITY
OF DUBUQUE FINANCE DEPARTMENT
EMPLOYEES TO OBTAIN BANK ACCOUNT
INFORMATION AND MAKE TRANSFERS
BETWEEN CITY OF DUBUQUE BANK
ACCOUNTS WITHIN A BANKING
INSTITUTION
Whereas, the City of Dubuque maintains
accounts with local banking institutions; and
Whereas, the banking institutions require
authorization by the City Council for City
employees other than those designated on
account signature cards to obtain bank account
information and transfer funds between City
accounts at that institution; and
Whereas, the City Council has determined that
the City employees who may obtain bank
account information and transfer funds between
accounts within a banking institution are the
Finance Department Account Clerk, Cheryl L.
Steckel, and Cashier, Dorothy L. Gray.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Finance Department's Account
Clerk, Cheryl L. Steckel, and Cashier, Dorothy L.
Gray, are hereby authorized to obtain bank
account information on all City of Dubuque
accounts and to transfer funds between the
City's accounts within a banking institution.
Transfers shall be authorized via telephone or
written request.
Passed, approved and adopted this 3rd day of
June, 2002.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Markham moved adoption of the Resolution.
Seconded by Cline. Motion carried 7-0.
United States Environmental Protection
Agency: Communication from the United States
Environmental Protection Agency advising that
the City of Dubuque has been selected as one
of the pilots with whom EPA will pursue
negotiations to award a Brownfields Assessment
Pilot cooperative agreement, presented and
read. Buol moved that the communication be
received and filed. Seconded by Cline. Motion
carried 7-0.
Mediacom: Communication from Mediacom
advising of a change in their channel line-up for
Dubuque customers, presented and read.
Council questioned the proposed Cable
changes, especially the removal of MoviePlex -
Channel 75. Duggan stated he is on record as
this being unacceptable. Nicholson moved that
this communication be received and filed and
that direction is given to send a letter of protest
to Mediacom to the action of taking Ch. 75 off
and also objecting to the proposed package and
rate changes. Seconded by Michalski. Motion
carried 7-0.
Business Licenses:
RESOLUTION NO. 285-02
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the following having complied with the
provisions of law relating to the sale of
Cigarettes within the City of Dubuque, Iowa, be
granted a permit to sell Cigarettes and Cigarette
Papers within said City.
NEW
M & Z Food United American Gasoline Inc.
3200 Central Ave
Passed, approved and adopted this 3rd day of
June, 2002.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Cline. Motion carried 7-0.
RESOLUTION NO. 286-02
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the following having complied with the
provisions of law relating to the sale of
Regular Session, June 3, 2002
227
Cigarettes within the City of Dubuque, Iowa, be
granted a permit to sell Cigarettes and Cigarette
Papers within said City.
29 RENEWALS
Arby's Q-Mart
ArCon Inc
10 Main St
Waseem Choudhry
1998 Jackson St
Molo Oil Com
9th & Central Ave
Molo Oil Com
2100 JFK Rd
Molo Oil Com
1875 JFK Rd
Myra Woodman
1046 Central Ave
Dempsey's & Molly' Pub Clifford Enterprises
LC 395 W 9th St
Dubuque Greyhound Park Dubuque Racing
Assoc. 1855 Greyhound Park
Hartig Drug # 2 Richard Hartig
157 Locust St
Hartig Drug Co.
2255 JFK Rd
Hartig Drug Co.
2255 Central Ave
Pamela Arensdorf
1602 Central Ave
Iowa Potatoe /
2600 Dodge St
United American Gasoline
3200 Central Ave
WCB Hotel
3100 Dodge St
Nash Finch Com
3355 JFK Circle
TFM Co
250 W. 1st St
TFM Co.
51 W 32nd St
TFM Co
1256 Iowa St
Kristina Chapman
1050 University Ave
TFM Co
2010 Kerper Blvd
David Erickson
385 E 13th St
Molo Oil Com
1101 Rhomberg Ave
Molo Oil Com
2013 Central Ave
Shannon's Bar & Grill Shannon's Bar & Grill
521 E 22nd St
Dolores Weber
601 Rhomberg
Charles Steffen
1701 Central Ave
Lee W Potter Sr
408 W. Locust St
David Hoffman
450 W Locust St
Awn Stop Mart Inc.
Big 10 Mart
Big 10 Mart
Big 10 Mart
Central Tap
Hartig Drug # 3
Inc
Hartig Drug # 4
Inc
Instant Replay
Iowa Potatoe/Produce Hs.
Produce Hs
M & Z Food
Midway Hotel
EconoFoods # 471
Oky Doky # 1
Oky Doky # 2
Oky Doky # 6
Oky Doky # 14
Oky Doky # 21
Lucky 13 Tap
Puff N Snuff
Puff N Snuff
Ten Pin Tap
Tony's Place
West Locust Mart
White House Tavern
Passed, approved and adopted this 3rd day of
June, 2002.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Cline. Motion carried 7-0.
RESOLUTION NO. 287-02
Whereas, applications for Beer Permits have
been submitted and filed to this Council for
approval and the same have been examined
and approved: and
Whereas, the premises to be occupied by
such applicants were inspected and found to
comply with the Ordinances of the City and have
filed proper bonds
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Manager be authorized to cause to be
issued the following named applicants a Beer
Permit.
CLASS "C" BEER PERMIT
L B Metcalf, Inc. Cedar Cross Amoco +
(Sunday Sale) 1200 Cedar Cross
Hy-Vee Inc Hy-Vee Store #1+
\(Sunday Sale) 3500 Dodge St
United American Gasoline M & Z Food+
(Sunday Sale) 3200 Central Ave
Passed, approved and adopted this 3rd day of
June, 2002.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Cline. Motion carried 7-0.
RESOLUTION NO. 288-02
Whereas, applications for Liquor Licenses
have been submitted to this Council for approval
and the same have been examined and
approved; and
Whereas, the premises to be occupied by such
applicants were inspected and found to comply
with the State Laws and all City Ordinances
relevant thereto and they have filed proper
bonds.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Manager be authorized to cause to be
issued the following named applicants a Liquor
License.
CLASS C BEER/LIQUOR LICENSE
Jason Reimer Jake's+(Sunday Sale)
1689 Elm St
228
Regular Session, June 3, 2002
James Ferring Dubuque Bowling Lane+
(Sunday Sale) 1029 Y, Main St
Jymie Lyons Jym's Bar+
(Sunday Sale) 1700 Central Ave
SPECIAL CLASS C LIQUOR
Four Season Buffet, Inc. Four Season Buffet+
(Sunday Sale) 3305 Asbury Rd
DRC Enterprises Mama Cassett's+
(Sunday Sale) 4031 Pennsylvania Ave
CLASS B WINE
Hy-Vee Inc Hy-Vee Food Store # 1
3500 Dodge St
Passed, approved and adopted this 3rd day
of June, 2002.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Cline. Motion carried 7-0.
BOARDS/COMMISSIONS
Applicants are invited to address the Council
to express their desire to serve on the following
Boards/Commissions:
Electrical Code Board (Five 3-year terms/Five
vacancies); Applicants: James Dixon, Dan
Hammel, Kevin Pfohl, David A. Pregler, Elaine
L. Reiss. No one spoke.
Environmental Stewardship Advisory
Commission (One 1-year youth term);
Applicant: Michael Hirsch. Mr. Hirsch spoke
requesting consideration for appointment.
Appointments to the following Commissions:
Civil Service Commission (Mayor appointment
with Council concurrence - One 4-year term to
expire 4/6/06): Applicant: Loras Kluesner.
Mayor appointed Loras Kluesner for a four year
term which will expire April 6, 2006. Michalski
moved to concur with the Mayor's appointment
of Mr. Kluesner. Seconded by Nicholson.
Motion carried 7-0.
Investment Oversight Commission: (One 3-
year term to expire 7/1/05); Applicant: Charles
Spielman. Michalski moved to reappoint
Charles Spielman to a three year term which will
expire July 1, 2005. Seconded by Nicholson.
Motion carried 7-0.
PUBLIC HEARINGS
Buol moved that the rules be suspended to
allow anyone present to speak. Seconded by
Markham. Motion carried 7-0.
Vacating of Henion and Helena Streets: Proof
of publication on notice of hearing and City
Manager recommending approval of the
vacating and sale of Helena Street and a portion
of Henion Street to Loras College, presented
and read. Markham moved that the proof and
communication be received and filed.
Seconded by Cline. Motion carried 7-0.
Steve Schmall of Loras College spoke in
support of the request.
RESOLUTION NO. 289-02
RESOLUTION DISPOSING OF CITY
INTEREST IN LOTS 1A AND 2A OF
HODGDON'S SUBDIVISION, DUBUQUE,
IOWA
Whereas, pursuant to resolution and published
notice of time and place of hearing, published in
the Telegraph Herald, a newspaper of general
circulation published in the City of Dubuque,
Iowa on this 24th day of May, 2002, the City
Council of the City of Dubuque, Iowa met on the
3rd day of June, 2002, at 6:30 p.m. in the Public
Library Auditorium, 360 West 11th Street,
Dubuque, Dubuque County, Iowa to consider
the proposal for the sale of real estate described
as:
Lots 1A and 2A of Hodgdon's Subdivision in
the City of Dubuque, Dubuque County, Iowa
Whereas, the City Council of the City of
Dubuque, Iowa overruled any and all objections,
oral or written to the proposal to sell such real
estate, except for easement as noted.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the sale of City of Dubuque
real property described as Lots 1A and 2A of
Hodgdon's Subdivision in the City of Dubuque,
Iowa to Loras College be and the same is
hereby approved for the sum of $13,130.00 plus
cost of publication, platting and filing fees.
Conveyance shall be by Quit Claim Deed.
Section 2. 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,
repairing, owning, operating, and maintaining
water, sewer, drainage, gas, telephone, t.v.
cable, and electric lines as may be authorized by
the City of Dubuque, Iowa.
Section 3. That the Mayor be authorized and
directed to execute a Quit Claim Deed, and the
City Clerk be and is hereby authorized and
directed to deliver said deed of conveyance to
Loras College upon receipt of the purchase price
in full.
Section 4. That the City Clerk be and is hereby
authorized and directed to record a certified
copy of this resolution in the offices of the City
Assessor, Dubuque County Recorder and
Dubuque County Auditor.
Passed, approved and adopted this 3rd day of
June, 2002.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Regular Session, June 3, 2002
229
Markham moved adoption of the Resolution.
Seconded by Cline. Motion carried 7-0.
Old Highway 20 Water Main Extension Project:
Proofs of publication on notice of hearing on
plans and specifications and notice to bidders on
the receipt of bids, and City Manager
recommending award of the contract for the Old
Highway 20 Water Main Extension Project to
McDermott Excavating in the amount of
$101,867.90, presented and read. Cline moved
that the proofs and communication be received
and filed. Seconded by Nicholson. Motion
carried 7-0.
RESOLUTION NO. 290-02
RESOLUTION ADOPTING
PLANS AND SPECIFICATIONS
Whereas, on the 3rd day of May, 2002 plans,
specifications, form of contract and estimated
cost were filed with the City Clerk of Dubuque,
Iowa for the installation of approximately 2,600
feet of 12-inch ductile iron water main with
accessories on Old U. S. Highway 20.
Whereas, notice of hearing on the plans,
specifications, form of contract and estimated
cost was published as required by law.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the said plans, specifications, form of
contract and estimated cost are hereby
approved as the plans, specifications, form of
contract and estimated cost for said
improvements for said project.
Passed, approved and adopted this 3rd day of
June, 2002.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
RESOLUTION NO. 291-02
AWARDING CONTRACT TO McDERMOT
EXCAVATING OF DUBUQUE, IOWA FOR TH
CONSTRUCTION OF APPROXIMATELY 2,60
FEET OF 12" DUCTILE IRON WATER MAl
WITH ACCESSORIES ALONG THE NORTH SID
OF OLD U.S. HIGHWAY 20 STARTING AT TH
INTERSECTION OF SEIPPEL ROAD AND OL
HIGHWAY 20 CONTINUING TO THE EAST SID
OF THE DUBUQUE COUNTY FAIRGROUN
ENTRANCE.
Whereas, the Old Highway 20 water main
extension project has been budgeted; and
Whereas, McDermott Excavating of Dubuque,
Iowa has submitted to the City an agreement to
conduct construction services of this
improvement in the amount of $101,867.90
dollars; and
Whereas, funds have been legally
appropriated for this expenditure.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the City Manager is authorized to execute
the agreement for construction services with
McDermott Excavating of Dubuque, Iowa for the
construction of approximately 2,600 feet of 12
inch ductile iron water main and accessories on
Old Highway 20 in the amount of $1 01 ,867.90.
Passed, adopted, and approved this 3rd day of
June, 2002.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
City Hall First Floor Remodeling Project - First
Floor Ceiling: Proofs of publication on notice of
hearing on plans and specifications and notice
to bidders on the receipt of bids, and City
Manager recommending award of the contract
for the City Hall First Floor Remodeling Project -
First Floor Ceiling to Tricon Construction Group
in the amount of $56,000, presented and read.
Cline moved that the proofs and communication
be received and filed. Seconded by Nicholson.
Motion carried 7-0.
RESOLUTION NO. 292-02
RESOLUTION ADOPTING
PLANS AND SPECIFICATIONS
Whereas, on the 7thth day of May, 2002, plans,
specifications, form of contract and estimated
cost were filed with the City Clerk of Dubuque,
Iowa for the City Hall First Floor Remodeling
Project.
Whereas, notice of hearing on plans,
specifications, form of contract, and estimated
cost was published as required by law.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the said plans, specifications, form of
contract and estimated cost are hereby
approved as the plans, specifications, form of
contract and estimated cost for said
improvements for said project.
Passed, approved and adopted this 3rd day of
June, 2002.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
RESOLUTION NO. 293-02
AWARDING CONTRACT
Whereas, sealed proposals have been
submitted by contractors for the City Hall First
Floor Remodeling Project pursuant to Resolution
No. 247-02 and notice to bidders published in a
newspaper published in the City of Dubuque,
Iowa on the May 7, 2002.
230
Regular Session, June 3, 2002
Whereas, said sealed proposals were opened
and read on the 23rd day of May, 2002, and it
has been determined that the bid of Tricon
Construction Group of Dubuque, Iowa in the
amount of $56,000.00 was the lowest bid for the
furnishings of all labor and materials and
performing the work as provided for in the plans
and specifications.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the contract for the above improvement
be awarded to Tricon Construction Group and
the Manager be and is hereby directed to
execute a contract on behalf of the City of
Dubuque for the complete performance of the
work.
BE IT FURTHER RESOLVED:
That upon the signing of said contract and the
approval of the contractor's bond, the City
Treasurer is authorized and instructed to return
the bid deposits of the unsuccessful bidders.
Passed, approved and adopted this 3rd day of
June, 2002.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Cline moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
Buol moved that the rules be reinstated limiting
discussion to the Council. Seconded by
Markham. Motion carried 7-0.
ACTION ITEMS
By request of applicant the following two items
removed from the Agenda:
45 West 13th Street - Request for Demolition
Permit: Historic Preservation Commission
recommending approval of a request from
Dubuque Bank and Trust to demolish a structure
located at 45 West 13th Street to provide parking
for the planned rehabilitation of the Bell Block
and Zieprrecht Buildings (former Walsh Store).
1300 - 1322 Iowa Street - Request for
Demolition Permit: Historic Preservation Com-
mission recommending approval of a request
from Dubuque Bank and Trust to demolish a
structure located at 1300 - 1322 Iowa Street
(True Value) to provide parking for the planned
rehabilitation of the Bell Block and Zieprrecht
Buildings (former Walsh Store).
Plumbing Code: City Manager recommending
adoption of the 2000 Uniform Plumbing Code
(UPC) published by the International Association
of Plumbing and Mechanical Officials (IAPMO),
presented and read. Buol moved that the
communication be received and filed. Seconded
by Markham. Motion carried 7-0.
An Ordinance of the City of Dubuque, Iowa
providing that the Code of Ordinances, City of
Dubuque, Iowa be amended by repealing
Section 37-1 thereof and enacting a new Section
37-1 thereof pertaining to revising and
reenacting a Plumbing Code for the City of
Dubuque, Iowa and providing for the issuance of
permits and collection of fees therefore,
presented and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 42-02
AN ORDINANCE OF THE CITY OF DUBUQUE,
IOWA PROVIDING THAT THE CODE OF
ORDINANCES, CITY OF DUBUQUE, IOWA BE
AMENDED BY REPEALING SECTION 37-1
THEREOF AND ENACTING A NEW SECTION
37-1 THEREOF PERTAINING TO REVISING
AND REENACTING A PLUMBING CODE FOR
THE CITY OF DUBUQUE, IOWA AND
PROVIDING FOR THE ISSUANCE OF
PERMITS AND COLLECTION OF FEES
THEREFOR
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Section 37-1 of the Code of
Ordinances of the City of Dubuque, Iowa be
amended by repealing Section 37-1 and
enacting a new Section 37-1 in lieu thereof:
Section 37-1
Except as hereinafter added to, deleted,
modified or amended, there is hereby adopted
by reference as the plumbing code of the City
that certain plumbing code known as the
"Uniform Plumbing Code", 2000 Edition,
including the 2000 Uniform Plumbing Code
Appendices as prepared and edited by the
International Association of Plumbing and
Mechanical Officials, Walnut, California, and the
provisions of such plumbing code shall be
controlling for the installation, alteration, repair,
relocation, replacement, addition to and use or
maintenance of plumbing equipment and
systems in all matters covered by such plumbing
code within the corporate limits of the City and
shall be known as the "Dubuque Plumbing
Code". A copy of the Uniform Plumbing Code,
2000 Edition, as adopted, shall be on file in the
office of the City Clerk for public inspection.
Section 2. That Section 37-2 of the Code of
Ordinances of the City of Dubuque, Iowa be
amended by amending the current Section 37-2
as follows:
Section 30.8. Licensing, Examination and
Registration of Plumbers Required. is hereby
amended by adding the following to Section
30.8(j) as follows:
Section 30.8 (new last paragraph)--Master and
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
expressed, in writing, that they will accept City of
Dubuque licenses as proof of qualification for a
license in their jurisdiction, will not be subject to
testing or interview by the City of Dubuque
Plumbing Board.
Section 203 of the 2000 Uniform Plumbing
Code is hereby amended by adding the
definition of Approved Qualified Welder:
Section 203-Approved Qualified Welder- A
person who specializes in welding of pipes and
holds a valid certificate of competency from a
recognized testing laboratory, based on the
requirements of the AS.M.E. Boiler and
Pressure Vessels Code, Section IX or as
approved by the administrative authority's
testing procedures.
Section 316.1.7 of the 2000 Uniform Plumbing
Code is hereby amended by deleting the current
section and adding a new Section 316.1.7 as
follows:
Brazing and Welding. Brazing and welding
shall conform to the applicable standard(s) in
Table 14-1. All brazing on medical gas systems
shall be performed by certified installers meeting
the requirements of the plumbing board.
Section 401 of the 2000 Uniform Plumbing
Code is hereby amended by deleting the
following:
Materials. Section 410 (a) (2) ABS and PVC
DWV Schedule 40 piping installations shall be
limited to structures not exceeding three floors
above grade. For purposes of this subsection,
the first floor of a building shall be that floor that
has fifty (50) percent or more of the exterior wall
surface area level with or above finished grade.
One additional level that is the first level and not
designed for human habitation and used only for
vehicle parking, storage, or similar use shall be
permitted.
Section 603.4.18.1 of the 2000 Uniform
Plumbing Code is hereby amended by deleting
the following from the first paragraph:
"except in one or two family residential
sprinkler systems piped in materials approved
for potable water distribution systems,"
Section 3. When Effective. This Ordinance
shall take effect immediately upon publication as
provided by law.
Passed, approved and adopted this 3rd day of
June, 2002.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Published officially in the Telegraph Herald the
10th day of June, 2002.
Jeanne F. Schneider, City Clerk
1 t 6/10
Buol moved that the requirement that a
proposed Ordinance be considered and voted
on for passage at two Council Meetings prior to
the meeting at which it is to be finally passed be
suspended and further moved final
consideration and passage of the Ordinance.
Seconded by Markham. Motion carried 7-0.
Historic Buildings Code: City Manager
recommending adoption of the Dubuque Historic
Buildings Code, presented and read. Buol
moved that the communication be received and
filed. Seconded by Michalski. Motion carried 7-
O.
An Ordinance Amending the City of Dubuque
Code of Ordinances Chapter 11 by adding a
new Article V Historic Buildings, providing
alternative building standards for preserving or
restoring buildings or structures designated as
historic buildings and providing for the
administration and enforcement of said
standards, presented and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 43-02
AN ORDINANCE AMENDING THE CITY OF
DUBUQUE CODE OF ORDINANCES
CHAPTER 11 BY ADDING A NEW ARTICLE V
HISTORIC BUILDINGS, PROVIDING
ALTERNATIVE BUILDING STANDARDS FOR
PRESERVING OR RESTORING BUILDINGS
OR STRUCTURES DESIGNATED AS
HISTORIC BUILDINGS AND PROVIDING FOR
THE ADMINISTRATION AND ENFORCEMENT
OF SAID STANDARDS
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Chapter 11 of the Code of
Ordinances of the City of Dubuque, Iowa be
amended by adding the following new article:
ARTICLE V. Historic Buildings
Section 11-70. Purpose, Scope and
Application
Section 11-71. Administration and
Enforcement
Section 11-72. Definitions
Section 11-73. Building Evaluation Method
Section 11-74. Miscellaneous Building
Requirements
Section 11-75. Alternate Structural
Requirements
Section 11-76. Alternate Accessibility
Requirements
Section 11-77. Alternate Mechanical
Requirements
Section 11-78. Alternate Electrical
Requirements
Section 11-79. Totally Preserved Buildings
Used As Historical Exhibits
Sec. 11-70. Purpose, Scope and Application
(a) Authority. This Article constitutes the historic
building code.
(b) Purpose. The purpose of this Article is to:
232
Regular Session, June 3, 2002
(1) Provide alternative building standards for
preserving or restoring buildings or structures
designated as historic buildings;
(2) Facilitate the restoration of historic buildings
so as to preserve their original or restored
architectural elements and features;
(3) Permit a cost-effective approach to historic
preservation and restoration;
(4) Provide for the health, safety and welfare of
occupants and visitors in qualified historic
buildings;
(5) Provide a process for the Building Services
Department to grant variances in order to permit
the proper preservation or restoration of
qualified historic buildings; and
(6) Provide a reasonable means of access to
historic buildings for people with physical
disabilities.
(c) Scope. The provisions of these sections are
not retroactive.
(1) QUALIFIED BUILDINGS. This Article applies
solely to qualified historic buildings:
(a) Listed on, or nominated by the state
historical society for listing on, the national
register of historic places in Iowa;
(b) Included in a district which is listed on, or
nominated by the state historical society for
listing on, the national register of historic places
in Iowa, and which has been determined by the
state historical society to contribute to the
historic significance of the district;
(c) Included in a historic district designated by
the procedure described in Section 25-6 of this
code.
(2) NON-QUALIFIED BUILDINGS. This Article
does not apply to the following:
Nursing homes;
Hospitals;
(c) Community-based residential facilities;
(d) Schools;
(e) New additions to historic buildings;
(f) New buildings constructed in an historic
district; and
(g) Buildings that are reproduced.
(d) Election of Code.
(1) USE REMAINS UNCHANGED.
(a) Preserved, renovated, repaired or restored.
If a qualified historic building is preserved,
renovated, repaired or restored to maintain the
building in its original condition and the use
remains unchanged from the time of original
construction, the owner may elect to be subject
to one of the following codes:
1. This Article;
2. The code in effect at the time of original
construction;
3. The Uniform Code for Building Conservation;
or
4. The prevailing code.
(b) Altered or remodeled. When a qualified
historic building is altered or remodeled and that
portion being altered or remodeled affects the
structural strength, fire hazard, exits, required
natural lighting or replacement of major
equipment, the owner may elect to be subject to
one of the following:
1. This Article; or
2. The prevailing code.
(2) USE CHANGES. When a qualified historic
building is changed to a new use or converted
from a use as an exempt building, to a public
building or place of employment, the owner may
elect to be subject to one of the following codes:
(a) This Article; or
The prevailing code.
(e) Impact of other codes on qualified historic
buildings.
(1) CODES AND ORDINANCES. Except as
specified in sub. (2), no owner of a qualified
historic building who elects to be subject to this
Article may be required to comply with any
requirement of the following:
(a) Any other building code administered by
the City, if the building code concerns a matter
addressed by this Article;
(b) Any other local ordinance or regulation, if
the ordinance or regulation concerns a matter
addressed by this Article.
(2) LIMITATIONS. This Article shall not be
construed to affect City of Dubuque
requirements relating to land use, zoning, fire
districts or other similar requirements.
(f) Verification of a qualified historic building. If
an owner elects to be subject to this Article, the
owner shall prove that the building is a qualified
historic building by submitting a verification of
historic building status form that is signed by the
state historical preservation officer or the
Planning Services Department verifying that the
building is a qualified historic building.
(g) Application of historic building code.
(1) QUALIFIED HISTORIC BUILDINGS. Except
as specified in sub. (2), if an owner elects to be
subject to this Article, those sections shall be
applied in their entirety.
(2) TOTALLY PRESERVED BUILDINGS USED
AS HISTORICAL EXHIBITS. Any qualified
historic building that is totally preserved and
used solely as an historical exhibit shall comply
with the requirements specified in Section 11-79.
Sec. 11-71. Administration and Enforcement
(a) Plan examination.
(1) PLAN SUBMITTAL. Plans and specifications
for all qualified historic buildings subject to this
Article shall be submitted in accordance with the
following:
(a) Altered or remodeled. If a qualified historic
building is remodeled or altered and that portion
being remodeled or altered affects the structural
strength, fire hazard, exits of the building,
required natural lighting, or replacement of major
equipment, plans and specifications shall be
submitted to the department for examination and
be approved before commencing work.
Regular Session, June 3, 2002
233
(b) Change in use. If a qualified historic
building is changed to a new use, or converted
from a use as a non public building to a public
building, plans and specifications showing
compliance with this chapter shall be submitted
to the department for examination and be
approved before commencing work.
(2) BUILDINGS EXEMPT FROM
DEPARTMENT PLAN SUBMITTAL.
(a) Preserved, renovated, repaired, or restored
buildings. Plans and specifications are not
required to be submitted to the department for
qualified historic buildings that are preserved,
renovated, repaired or restored and the use
remains unchanged from the time of original
construction.
(b) Totally preserved buildings used as
historical exhibits. If a qualified historic building
complies with Section 11-79 for a totally
preserved building used as an historical exhibit,
plans and specifications are not required to be
submitted to the department for examination and
approval.
(3) PLANS, SPECIFICATIONS AND DATA. If
plans and specifications are required to be
submitted, at least 2 complete sets of plans,
which are clear, legible and permanent copies,
and two copies of specifications and data shall
be submitted for examination.
(a) Preparation. Plans and specifications shall
be prepared as specified in Iowa Code Chapter
544A Architectural Law and/or Iowa Code
Chapter 542B Engineering Law. All plans shall
contain the name of the owner and the address
of the building. The signature and stamp or seal
of the architect, engineer or designer who
prepared the plans shall appear on the title
sheet, in accordance with Chapters 544A and/or
542B.
(b) Building plans. The building plans shall
provide sufficient information to evaluate
whether the building conforms to the
requirements of this Article and shall include the
following.
1. Plot plan. The location of the building with
respect to all property lines, adjoining streets,
alleys and any other buildings on the same lot
or property shall be indicated on the plot plan.
2. Floor plans. Floor plans shall be provided
for each floor. The size and location of all
rooms, doors, windows, firewalls, toilet
facilities, structural features, exit
passageways, exit lights, fire alarms,
standpipes, stairs and other pertinent
information shall be indicated. Schematic exit
plans shall be provided indicating normal paths
of egress.
3. Elevations. The elevations shall contain
information on the exterior appearance of the
building and indicate the location and size of
doors, windows, roof shape, chimneys,
exterior grade, footings and foundation walls,
and include information about the exterior
materials.
4. Sections and details. Sections and details
shall include information to clarify the building
design.
(c) Footing and foundation. If footing and
foundation plans are required to be submitted, at
least 2 complete sets of footing and foundation
plans including plot plans, schematic floor plans
showing exits, elevations and itemized structural
loads shall be submitted to the department.
(d) Heating, ventilating and air conditioning
plans. Heating, ventilating and air conditioning
plans shall indicate the layout of the system,
including location of equipment and size of all
piping, duct work, dampers, fire dampers,
chimneys, vents and controls. The quantity of
outside air introduced to each zone, and the
quantity of supply air and exhaust air for each
room shall be listed on the plans. The type of
equipment and capacity, including the input and
output, shall be indicated on the plans or
equipment schedules, unless indicated in the
specifications.
(e) Specifications. The specifications shall be
properly identified with the drawings and
describe the materials and the workmanship.
(4) STRUCTURAL REPORT. When plans and
specifications are required to be submitted to the
department or its authorized representatives a
structural report as specified in Section 11-75
which identifies the structural condition of the
building shall be submitted with the plans.
(5) APPROVAL APPLICATION FORMS.
(a) Plan approval application. A plan approval
application approved by the department shall be
submitted along with the plans and
specifications as required in paragraph (3).
(b) Verification form. A verification of historic
status form shall be submitted and signed by the
state historic preservation officer or the Planning
Services Department verifying that the building
is a qualified historic building.
(c) Building evaluation form. When the building
evaluation method is used, a completed building
evaluation form as specified in Section 11-73 (d)
shall be submitted.
(b) Approvals.
(1) DEPARTMENT APPROVAL. The
department shall review and make a
determination on an application for plan review
within 15 business days of receipt of the
application and all forms, fees, plans and
documents required to complete the review.
(a) Plan approval.
1. Conditional approval. If, upon examination,
the department or its authorized representative
determines that the plans and the application for
approval substantially conform to the provisions
of this Article, a conditional approval, in writing,
shall be granted. All non-code-complying
conditions stated in the conditional approval
234
Regular Session, June 3, 2002
shall be corrected before or during construction.
A conditional approval issued by the department
shall not be construed as an assumption of any
responsibility for the design or construction of
the building.
2. Denial of approval. If the department
determines that the plans or the application do
not substantially conform to Sections 11-70
through 11-79, the application for conditional
approval shall be denied, in writing.
(b) Footing and foundation approval. Upon
submission of 2 sets of footing and foundation
plans, a plans approval application form,
structural foundation calculations and a fee, the
department, may conditionally approve the
footing and foundation plans to permit
construction of the footings and foundations for
a relocated qualified historic building. The
department or its authorized representative shall
review and make a determination on an
application for footing and foundation approval
within 15 business days of receipt of the
application and all forms, fees, plans and
documents required to complete the review.
(c) Evidence of plan approval. The architect,
engineer, designer, builder, or owner shall keep
at the building site one set of plans bearing the
stamp of conditional approval and a copy of the
specifications. The plans shall be open to
inspection by the department.
(d) Expiration of plan approval. Plan approval
by the department or its authorized
representative shall expire 180 days after the
date indicated on the approved plans if
construction has not commenced within that
180-day period or if there has been a break in
significant construction activity of more than 180
days.
(e) Inspections. Inspections shall be conducted
by the department to ascertain whether the
construction or installations conform to the
conditionally approved plans, the conditional
approval letter, and provisions of this Article.
(f) Fees. Fees for plan examination and
inspection shall be submitted to the department
after the plans are approved and a plan review
fee can be determined, based on the hours
spent reviewing. Fees for plan examination and
permits shall be as adopted for the prevailing
code.
(g) Petition for variance. The department shall
consider and may grant a variance to a provision
of this chapter in accordance with procedures
adopted by the department. The petition for
variance shall include a position statement from
the Fire Department.
(h) Penalties. Penalties for violations of this
Article shall be assessed in accordance with
Sections 1-15 through 1-17 of this Code of
Ordinances.
Sec. 11-72. Definitions
In these Sections:
(1) "Altered" or "alterations" means to modify a
qualified historic building which affects the
structural strength, fire hazard, access for the
disabled, energy conservation, heating and
ventilating, or electrical systems yet retains
some original or restored architectural elements
or features.
(2) "Building" means any structure used or
intended for supporting or sheltering any use or
occupancy.
(3) "Certified municipal register of historic
property" means a register of historic property
that is part of an historic preservation ordinance
promulgated by the City of Dubuque.
(4) "Change in use" means the process of
adapting a building to accomplish a use other
than that for which it was originally designed, but
does not mean a change of use within an
occupancy chapter.
(5) "Department" means the Building Services
Department.
(6) "Historic fabric" means the original materials,
and portions of the building still intact when
exposed or as they appeared and were used in
the past.
(7) "Historic aspect" means the particular
features of the historic site, building or structure
that gives it its historic significance.
(8) "National register of historic places in Iowa"
means the places in Dubuque that are listed on
the national register of historic places
maintained by the U.S. Department of the
Interior.
(9) "Occupancy" means the purpose for which a
building or structure is used or intended to be
used as regulated in the prevailing code.
(10) "Occupancy chapter" means a classification
of similar uses designated under a chapter
heading in the prevailing code.
(11) "Original material" means those features or
elements of a qualified historic building or
structure that have some historic significance.
(12) "Preserved" means maintaining a qualified
historic building in its present condition or as
originally constructed.
(13) "Prevailing code" means the most current
editions of the International Building Code,
International Fire Code, Uniform Plumbing
Code, Uniform Mechanical Code and National
Electrical Code.
(14) "Qualified historic building" means a
building that is:
(a) Listed on, or nominated by the state
historical society for listing on, the national
register of historic places in Dubuque;
(b) Included in a district which is listed on, or
has been nominated by the state historical
society for listing on, the national register of
historic places in Dubuque, and has been
determined by the state historical society to
contribute to the historic significance of the
district;
Regular Session, June 3, 2002
235
(c) Listed on a certified municipal register of
historic property; or
(d) Included in a designated historical district
and has been determined by the City of
Dubuque to contribute to the historic significance
of the district.
(15) "Reconstituted" means a qualified historic
building that is reassembled piece-by-piece on
the same site or new site.
(16) "Relocated" means any qualified historic
building or a portion of a qualified historic
building that will be moved to a new location.
(17) "Remodeled" means to substantially change
the structure of a qualified historic building,
including load-bearing and non-loading walls or
partitions or both; change the location of exits; or
change the toilet facilities; but shall not include
maintenance, redecoration, re-roofing or
alteration of mechanical or electrical systems.
(18) "Renovated" means to make sound again
any structure by cleanup and replacement of
deteriorated detail or structure.
(19) "Repaired" means to replace, cleanup,
rebuild or renew any portion of a qualified
historic building for the purpose of its
maintenance.
(20) "Reproduced" means the process of
rebuilding an entirely nonexistent structure to its
original appearance through archival and
archeological investigation.
(21) "Restored" means the process of accurately
recovering, by the removal of later work or the
replacement of missing earlier work, as it
appeared at a particular period of time.
(22) "Structural deterioration" means a decline in
the original strength of a structural element
caused by fire, water, wind, snow, insects, age
or excessive loading, which result in cracks,
distortions, deflections, misalignments, abrasion,
erosion or corrosion to the structure.
(23) "Test-of-time" means a structure that has
over a period of time withstood the combined
service loads and environmental stresses
imposed upon it and shows no sign of serious
deterioration.
Sec. 11-73. Building Evaluation Method
(a) Scope. This section provides an alternative
method for determining code compliance for a
qualified historic building being remodeled,
altered or changed in use.
(b) Building evaluation method. The building
evaluation method section provides a method for
evaluating the degree of life safety of a qualified
historic building by comparing 17 building safety
parameters with the requirements of the
prevailing code.
(1) LIFE SAFETY. The degree of life safety is
measured in terms of:
(a) Fire safety. The category of fire safety
includes the building safety parameters affecting
the structural fire resistance, detection, alarm
and extinguishing features of a qualified historic
building.
(b) Means of egress. The category of means of
egress includes those building safety
parameters of a qualified historic building
affecting safe evacuation.
(c) General safety. The category of general
safety includes all the safety building parameters
under fire safety and means of egress.
(2) SEVENTEEN BUILDING PARAMETERS. A
qualified historic building shall be evaluated
using the 17 building safety parameters
indicated in Table 1.
Table 1
1. Number of Stories
2. Building Area
3. Building Setback
4. Attic Compartmentalization
5. Fire stopping
6. Mixed Occupancies
7. Vertical Openings
8. HV AC Systems
9. Smoke detection
10. Fire Alarms
11. Smoke Control
12. Exit Capacity
13. Dead ends
14. Maximum Travel
15. Emergency Lighting
16. Elevator Control
17. Sprinklers
(3) DETERMINING NUMERICAL VALUE. Each
building safety parameter shall be evaluated
using the criteria specified under that particular
building safety parameter (Tables 2 - 18) in
order to determine the degree of life safety
provided by the qualified historic building and
the numerical value assigned for the degree of
life safety.
(a) Numerical values may not be interpolated
and shall be listed according to value and
positive (+) or negative (-) sign.
(b) Numerical values may not be assigned to
those spaces on the summary sheet identified
with NA.
(c) Where a building parameter does not
apply, a value of zero (0) shall be assigned.
(4) BUILDING EVALUATION FORM. After the
numerical value has been determined for each
building safety parameter the same numerical
value shall be entered on the Building
Evaluation form in Section 11-73 (d) under each
of the life safety categories titled, "Fire Safety",
"Means of Egress" and "General Safety" for
each building parameter.
(5) TOTAL BUILDING SAFETY SCORE. After
each building parameter of the building is
evaluated, the numerical values shall be
algebraically summed or totaled according to
value and sign for each column on the
evaluation form in Section 11-73 (d) for fire
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Regular Session, June 3, 2002
safety, means of egress and general safety to
determine a total building safety score.
(a) If the total building safety score under each
column is equal to or greater than zero, the
qualified historic building is considered to be a
code complying building and may be used for
the proposed use.
(b) If the total building safety score of anyone
of the columns related to fire safety, means of
egress or general safety is less than zero,
additional safety measures shall be provided to
bring the total numerical score of that column to
a value which is equal to or greater than zero.
(6) FILING OF BUILDING EVALUATION FORM.
A copy of the building evaluation form shall be
submitted with the plans and specifications.
(a) Single use. One building evaluation form
shall be completed for a qualified historic
building containing a single use or a similar use
within the same occupancy classification or
where an occupancy separation is not provided.
(b) Mixed uses. One building evaluation form
for each use shall be completed for a qualified
historic building containing uses not within the
same occupancy classifications, separated by
an occupancy separation.
(c) Building evaluation procedures. When the
building evaluation method is used, the process
specified in this section shall be used in its
entirety. The building evaluation method
analyzes a qualified historic building in
accordance with the building safety parameters
specified in this section and compares them
against the prevailing code to determine a
numerical value of safety provided in the
qualified historic building.
(1) NUMBER OF STORIES.
(a) Class of Construction
1. The class of construction of the qualified
historic building shall be determined by
comparing the actual building elements to those
specified in the prevailing code.
2. Buildings with different classes of
construction shall be separated with a
separation specified in the prevailing code
unless the lowest class of construction is used
as the basis for the evaluation.
(b) The allowable number of stories for the class
of construction of the qualified historic building
shall be determined in accordance with the
prevailing code and the class of construction or
height requirements or both as specified in the
applicable occupancy chapters.
(c) A single numerical value from Table 2 shall
be determined and the numerical value and its
sign, either positive or negative, shall be entered
on the evaluation form in Section 11-73 (d)
under the safety parameter, number of stories,
for fire safety, means of egress and general
safety.
TABLE 2 Safety Parameter/Number of Stories
Numerical Value.
Each story above the maximum number of
stories allowed -5
Complies with prevailing code 0
Each story below the maximum number of
stories +5
(maximum value, +10)
(2) BUILDING AREA.
(a) The allowable building area of a qualified
historic building shall be determined using the
allowable area requirements for the class of
construction and use as specified in the
prevailing code and the allowable area
requirements specified in the applicable
occupancy chapter.
(b) If the qualified historic building has more
stories than permitted by the prevailing code, the
maximum number of stories allowed for that
class of construction in the prevailing code shall
be used to determine the maximum allowable
area requirements for the building.
(c) When the entire building is protected by an
approved automatic sprinkler system complying
with the prevailing code, the allowable building
area may be increased as specified in the
prevailing code.
(d) Where an assembly hall is located in a
building with other uses, the building shall
comply with the class of construction
requirements as specified in the prevailing code.
(e) A single numerical value shall be
determined from Table 3 and the numerical
value and its sign, either positive or negative,
shall be entered on the evaluation form in
Section 11-73 (d) under the safety parameter,
building area, for fire safety, means of egress
and general safety.
TABLE 3 Building Area Numerical Value.
More than 150% of the allowed area -5
131 % - 150% of allowed -4
121 % - 130% of allowed -3
111 % - 120% of allowed -2
90% --110% of allowed area 0
Where code does not have area limitations 0
80% - 89% of allowed +2
70% - 79% of allowed +3
50% - 69% of allowed +4
Less than 50% of the area allowed +5
(3) BUILDING SETBACKS.
(a) The building setback shall be compared
with those specified in the class of construction
requirements in the prevailing code and the
class of construction requirements in the
applicable occupancy chapter.
(b) A single numerical value shall be
determined from Table 4 using the worst case
condition and the numerical value and its sign,
either positive or negative, shall be entered on
the evaluation form in Section 11-73 (d) under
the safety parameter, building setback, for fire
safety and general safety.
TABLE 4
Building Setbacks Numerical Value.
Regular Session, June 3, 2002
237
Closer than allowed under the prevailing code -
2
Complies with prevailing code 0
Greater than the prevailing code +2
(4) ATTIC COMPARTMENTALIZATION.
(a) The attic area of a qualified historic building
shall be evaluated against the
compartmentalization standards specified in the
prevailing code.
(b) A single numerical value shall be
determined from Table 5 and the numerical
value and its sign, either positive or negative,
shall be entered on the evaluation form in
Section 11-73 (d) under the safety parameter,
attic compartmentalization, for fire safety and
general safety.
(c) If the total attic area is less than 3,200
square feet, the numerical value is O.
(d) All existing or proposed building features
used or considered under this subsection shall
be shown or indicated on the plans submitted for
review.
TABLE 5 Attic Compartmentalization Numerical
Value.
Attic compartmentalized into areas > 3200
square feet -3
Complies with prevailing code (= 3200 square
feet) 0
Attic compartmentalized into areas < 2000
square feet +3
(5) FIRESTOPPING.
(a) The fire-stopping characteristics of a
qualified historic building shall be evaluated in
accordance with the fire-stopping requirements
specified in the prevailing code.
(b) If the existing wall material is removed and
the wall cavity is exposed, fire stopping shall be
provided in accordance with the prevailing code.
(c) A single numerical value shall be
determined from Table 6 for the entire building
based on the worst case condition and the
numerical value and its sign, either positive or
negative, shall be entered on the evaluation
form in Section 11-73 (d) under the safety
parameter, fire-stopping, for fire safety and
general safety.
TABLE 6 Fire-stopping Numerical Value.
No fire-stopping or No verification of fire-
stopping -5
Fire-stopping provided at basement and attic
levels and wherever accessible -3
Complies with prevailing code (or verified) 0
(6) MIXED OCCUPANCIES.
(a) Occupancy separations in a qualified
historic building shall be evaluated as required
under the occupancy chapters of the prevailing
code and the occupancy separation
requirements in the applicable occupancy
chapters.
(b) A single numerical value shall be
determined from Table 7 based on the worst
case condition and the numerical value and its
sign, either positive or negative, shall be entered
on the evaluation form in Section 11-73 (d)
under the safety parameter, mixed occupancies,
for fire safety and general safety.
TABLE 7 Occupancy Separations Numerical
Value.
No separation provided, but required -5
Provided, but 2-hours less than required -4
Provided, but 1-hour less than required -2
Complies with prevailing code for fire resistive
ratings 0
No separation is required 0
Provided and 1 or more hours greater than
required +2*
*Where a 3-hour is required and a 4-hour is
provided, the value shall be O.
(7) VERTICAL OPENINGS.
(a) The fire-resistive rating of enclosures of
stairway exits, hoistways, escalator openings
and other shafts within a qualified historic
building or openings between 2 or more floors
shall be evaluated in accordance with the
prevailing code.
(b) Atriums more than 3 levels shall not be
considered in the evaluation of vertical
openings, but shall comply with Section 11-74
(b).
(c) Where assembly halls are located in
buildings with other uses, the required exits shall
comply with the prevailing code.
(d) A single numerical value shall be
determined in accordance with Table 8 based on
the worst case condition and the numerical
value and its sign, either positive or negative,
shall be entered on the evaluation form in
Section 11-73 (d) under the safety parameter,
vertical openings, for fire safety, means of
egress and general safety.
TABLE 8 Vertical Openings Numerical Value
(per shaft or opening).
No enclosure -3
Enclosure with no rating -2
Enclosure provided but 1-hour < the required
protection level -1
Complies with prevailing code 0
1-hour required, but 2-hour provided +1
(8) HEATING, VENTILATING, AND AIR
CONDITIONING.
(a) The number of floors in a qualified historic
building served by an individual heating,
ventilating, and air conditioning (HVAC) system
shall be evaluated in accordance with the
prevailing code.
(b) A single numerical value shall be
determined from Table 9 and the numerical
value and its sign, either positive or negative,
shall be entered on the evaluation form in
Section 11-73 (d) under the safety parameter,
HVAC, for fire safety, means of egress and
general safety.
TABLE 9 HVAC Systems Numerical Value.
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Regular Session, June 3, 2002
Greater than 5-floor levels served by
undampered duct system, combustibles in air
plenums, or corridors used as air plenums. -5
3 to 5-floor levels served by undampered duct
system -2
2-floor levels served by undampered duct
system -1
Complies with prevailing code or provided with
fire dampers 0
Multi-level buildings having 1-floor level HVAC
system or central system with no ducts serving
other floor levels +5
(9) SMOKE DETECTION.
(a) A qualified historic building shall be
evaluated for the building's ability to detect
smoke from a fire, based on the location and
operation of smoke detectors that are in addition
to the smoke detectors required by the
applicable occupancy chapters of the prevailing
code.
(b) A single numerical value shall be
determined from Table 10 and the numerical
value and its sign, either positive or negative,
shall be entered on the evaluation form in
Section 11-73 (d) under the safety parameter,
smoke detection, for fire safety, means of egress
and general safety.
TABLE 10 Smoke Detection Numerical Value.
Complies with prevailing code 0
Elevator lobby only and not required by the
prevailing code +1
HVAC supply only and not required by the
prevailing code +2
HVAC supply and elevator lobby and not
required by the prevailing code +3
All corridors, in addition to those required by the
code, including elevator lobbies +4*
Total space with interconnection of smoke
detectors and building fire alarm system and not
required by the prevailing code +5
*If required detectors meet the requirements for
corridor protection, enter O.
(10) FIRE ALARMS.
(a) The fire alarm system shall be evaluated in
accordance with the prevailing code and the fire
alarm requirements in the applicable occupancy
chapter.
(b) A single numerical value shall be
determined from Table 11 and the numerical
value and its sign, either positive or negative,
shall be entered on the evaluation form in
Section 11-73 (d) under the safety parameter,
fire alarms, for fire safety, means of egress and
general safety.
TABLE 11 Fire Alarms Numerical Value.
Manual fire alarm system required, but not
provided -5
Manual fire alarm system required and provided,
but does not comply with the prevailing code -2
Complies with the prevailing code 0
Manual fire alarm system provided but not
required* +1
Manual fire alarm and voice alarm or manual fire
alarm with public address system provided, but
not required** +3
Central control station*** **** +4
Central control station and interconnected to a
remote control station which is permanently
monitored*** **** +5
*If a numerical value of (+5) is taken under (9)
smoke detection, the numerical value for this
section is O.
**Voice alarm and public address system shall
be activated from a location which is occupied
by an employee during all periods of building
occupancy.
***The central control station must comply with
the prevailing code
****Fire department may require systems to be
interconnected with the fire department.
(11) SMOKE CONTROL.
(a) The ability to control the movement of
smoke from a fire by natural or mechanical
venting, exhaust or pressurization systems in a
qualified historic building shall be evaluated in
accordance with the prevailing code for the
entire building based on the worst case
condition.
(b) A single numerical value shall be
determined from Table 12 and the numerical
value and its sign, either positive or negative,
shall be entered on the evaluation form in
Section 11-73 (d) under the safety parameter,
smoke control, for fire safety, means of egress
and general safety.
(c) If a building is 2 stories or less in height,
the numerical value is O.
TABLE 12 Smoke Control Numerical Value.
Operable windows, that are operable without
special keys or tools, are provided throughout
the entire building, but not required +2
Automatic smoke vents provided throughout
entire building, but not required +3
One smoke proof stair enclosure provided and
building has operable windows, but neither
required +5
Pressurized stairs (all stairs) provided, but not
required +7
Engineered smoke control and removal system
provided that covers the entire building, but not
required +10
(12) EXIT CAPACITY.
(a) The means of egress by number of exits,
location of exits, occupant load and capacity of
exits in a qualified historic building shall be
evaluated in accordance with the prevailing code
for the entire building based on the worst case
condition.
(b) The minimum number of exits shall be
provided as specified in the prevailing code for
the applicable occupancy chapter.
(c) A single numerical value shall be
determined from Table 13 and the numerical
value and its sign, either positive or negative,
Regular Session, June 3, 2002
239
shall be entered on the evaluation form in
Section 11-73 (d) under the safety parameter,
exit capacity, for means of egress and general
safety.
(d) If exiting differs on various floor levels, the
worst case floor shall be evaluated.
TABLE 13 Exit Capacity Number Value (per
exit).
Complies with prevailing code 0
Horizontal exits are provided in addition to the
required exits* +2
Exits to grade or enclosed stairs exceed the
minimum number of exits** +3
Eliminate a fire escape exit and provide a code
complying enclosed stairway exit serving 3 or
more levels +5
*No more than one-half the exits may be
horizontal exits.
**Exits shall be at least 20 feet apart.
(13) DEAD ENDS.
(a) The length of the travel path in which the
building occupants are confined to a single
direction of egress shall be evaluated in
accordance with Table 14 for the entire building
based on the worst case condition.
(b) Dead ends greater than 30 ft. are not
permitted.
(c) The creation of new dead end corridors is
prohibited.
(d) A single numerical value shall be
determined from Table 14 and the numerical
value and its sign, either positive or negative,
shall be entered on the evaluation form in
Section 11-73 (d) under the safety parameter,
dead ends, for means of egress and general
safety.
TABLE 14 Dead Ends Numerical Value (per
dead end).
Dead ends more than 20 feet -5
Complies with prevailing code or dead ends less
than 20 feet 0
(14) MAXIMUM TRAVEL DISTANCE TO AN
EXIT.
(a) The length of travel to a required exit in a
qualified historic building shall be evaluated in
accordance with the prevailing code. .
(b) When the entire building is protected by an
approved automatic sprinkler system, complying
with the prevailing code, the travel distances
may be increased as specified in the prevailing
code.
(c) Travel distances that exceed 25% above
the required limitations are not permitted.
(d) A single numerical value shall be determined
from Table 15 and the numerical value and its
sign, either positive or negative, shall be entered
on the evaluation form in Section 11-73 (d)
under the safety parameter, maximum travel
distance, for means of egress and general
safety.
TABLE 15 Maximum Travel Distance Numerical
Value.
111 % - 125% of limit allowed -5
90% - 110% of prevailing code limit 0
50% - 89% of limit allowed* +3
Less than 50% of limit allowed* +5
*For residential occupancies no credit may be
taken for reduced exit distance.
(15) EMERGENCY POWER.
(a) The availability of emergency power for
emergency lighting in a qualified historic building
shall be evaluated in accordance with the
prevailing code.
(b) A single numerical value shall be
determined from Table 16 and the numerical
value and its sign, either positive or negative,
shall be entered on the evaluation form in
Section 11-73 (d) under the safety parameter,
emergency power, for means of egress and
general safety.
TABLE 16 Emergency Power Numerical Value.
Emergency power required, but not provided -5
Complies with prevailing code 0
Emergency power provided, but not required* +2
*Does not apply to buildings 2 stories or less in
height.
(16) ELEVATOR CONTROL.
(a) The elevator equipment and controls that
can be used by the fire department in a qualified
historic building to rescue building occupants
from upper floors during a fire when installed
shall be evaluated in accordance with the
prevailing code.
(b) A single numerical value shall be
determined from Table 17 and the numerical
value and its sign, either positive or negative,
shall be entered on the evaluation form in
Section 11-73 (d) under the safety parameter,
elevator control, for fire safety, means of egress
and general safety
TABLE 17 Elevator Control Numerical Value.
No elevators in buildings 3 stories or more in
height -3
No elevator in buildings 2 stories or less in
height 0
Elevator with fire department control in buildings
3 stories or less in height +1
Elevator with automatic recall in buildings 3
stories or more in height +4
Elevator with fire department control and
automatic recall in buildings 3 stories or more in
height +5
(17) SPRINKLERS.
(a) The sprinkler system provided in a qualified
historic building shall be evaluated in
accordance with the prevailing code and the
applicable occupancy chapters.
(b) A single numerical value shall be
determined from Table 18 and the numerical
value and its sign, either positive or negative,
shall be entered on the evaluation form in
Section 11-73 (d) under the safety parameter,
sprinklers, for fire safety, means of egress and
general safety.
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Regular Session, June 3, 2002
(c) If the building area evaluation was based
on sprinkler protection as allowed by Section 11-
73 (c)(2), the numerical value under this section
is O.
TABLE 18 Sprinklers Numerical Value.
System required but not provided*-5
Existing sprinkler system is required but does
not meet prevailing code**-1
Sprinkler system is not required and not
provided 0
Sprinkler system required and provided in
accordance with the prevailing code 0
Existing sprinkler system is not required and
does not meet prevailing code* +1
Sprinklers provided in unseparated hazardous
areas and exit passageways, but not required +3
Partial sprinkler system is provided throughout
at least 75% of the building, but not required +5
TABLE 19
If sprinkler system is required, and regular
sprinkler heads are replaced with quick
response heads +5
Complete sprinkler system provided throughout
entire building, but not required +7
Complete sprinkler system complying with NFPA
13 for quick response heads is provided
throughout the entire building, but not
required***+10
*If -5 was entered under Section 11-73 (c)(2),
numerical value is O.
** Does not apply to partial systems.
***If -5 was entered under Section 11-73 (c)(2),
numerical value is +5.
(d) Building evaluation form. The numerical
values determined in Section 11-73 (c) shall be
entered in Table 19.
Regular Session, June 3, 2002
241
Sec. 11-74. Miscellaneous Building
Requirements
(a) Purpose. The purpose of this section is to
provide alternative building standards for
qualified historic buildings.
(b) Atriums. Where the use of a qualified
historic building is changed to a new use and an
atrium exists, the atrium may remain subject to
the following:
(1) THREE LEVELS OR LESS. Except as
provided in subsection (3), atriums in a qualified
historic building serving 3 levels or less may
remain as constructed; however, the atrium will
be considered an unenclosed shaft under
Section 11-73 (c)(7).
(2) MORE THAN THREE LEVELS. Atriums in
a qualified historic buildings serving more than 3
levels, but not exceeding 8 levels, may be
permitted subject to the requirements in the
prevailing code or the alternate atrium standards
specified in subsection (3).
(3) ALTERNATE ATRIUM STANDARDS.
(a) Separations. The atrium opening shall be
separated at each floor by non-rated partitions
or glazing.
(b) Doors. Doors shall be provided in the
openings separating the atrium from the floor.
1. Existing doors may be non-rated.
2. New doors shall be of a solid wood core type
or particleboard core type door and may have
glazing. Door frames may be of wood.
3. All doors shall be automatic self-closing in
accordance with the prevailing code. The hold-
open device shall be activated by a product of
combustion detector which responds to products
of combustion other than heat.
(c) Smoke detection. A smoke detection
system, interconnected to a building fire alarm
system, shall be provided on each floor at the
atrium perimeter.
(d) Smoke removal. A mechanical smoke
removal system shall be provided at the top of
the atrium to exhaust smoke to the outside.
1. The smoke removal system shall be activated
by activation of 2 or more of the detectors
required by paragraph (c) above.
2. The smoke removal system shall exhaust 6
air changes per hour based on the volume of the
atrium and spaces open to the atrium but not
less than 40,000 CFM.
3. The smoke removal system shall be subject
to the prevailing Mechanical Code.
(e) Exiting. At least one exit shall be provided
from each space on each floor level that is
independent of any exit located in/or through the
atrium.
(4) NEW ATRIUMS. Atriums constructed on or
after January 1, 1986, shall comply with the
requirement of the prevailing code.
(c) Roof coverings. Existing roof coverings not
in conformance with the ratings specified in
Chapter 15 of the prevailing code may be
allowed to remain on the building. Repairs may
be made up to 50% of the entire roof surface
with materials that match the existing roof
coverings. If more than 50% of the entire roof
surface needs to be repaired, the roof covering
shall conform to the requirements of the
prevailing code. Where wood shingles are
utilized to preserve the historic features, the
shingles shall be of a fire treated type and of a
class Crating.
(d) Illuminated exit signs. Exit signs shall be
provided in accordance with the prevailing code.
(e) Fire escapes.
(1) PERMITTED USES. Existing fire escapes
constructed in accordance with the prevailing
code or the prevailing Uniform Code for Building
Conservation may continue to be used as an
exit unless the building use is changed to a use
where fire escapes are not permitted.
(2) EXITS TO FIRE ESCAPES. Every fire
escape shall be accessible from a public
passageway, or shall be directly accessible from
each occupied room. Exits to fire escapes shall
be standard exit doors as specified in the
prevailing code. Access to a required fire escape
platform may be provided with an interior stairs
complying with the prevailing code.
(3) STRUCTURAL ANALYSIS. All existing fire
escapes intended to be used as a required exit
shall be inspected, structurally analyzed or load
tested prior to use. A written report from the
engineer or architect stating the results of the
inspection and structural analysis or load test
shall be submitted to the department. The report
shall document the physical condition of the fire
escape, condition of the attachment of the fire
escape to the exterior wall and capacity of the
fire escape to support imposed loads. The report
shall outline what corrective action is necessary,
if any, and shall be submitted to the department.
(f) Stairway requirements. Except for the
following, existing required exit stairways shall
comply with the prevailing code:
(1) WIDTH. Minimum stairway width shall be at
least 36 inches.
(2) RISER AND TREADS.
(a) Ten or less people. Existing stairways
serving 10 or less people may have riser and
tread dimensions not to exceed a 450 angle with
the horizontal.
(b) More than 10 people. All required exit
stairways shall have a uniform rise of not more
than 7-3/4 inches and a uniform tread not less
than 9-1/2 inches, measuring from riser to riser
and tread to tread.
(3) HANDRAILS. Except for the following,
handrails shall comply with the prevailing code.
(a) Extensions. The 12-inch handrail
extension as specified in the prevailing code at
the bottom and top of stairways does not apply
to existing stairways.
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Regular Session, June 3, 2002
(b) Openings below top rail. Existing handrails
protecting the open sides of stairways and
ramps may have an opening no larger than 12
inches between the rails.
(g) Guardrails. Except for the following,
guardrails shall comply with the prevailing code.
(1) HEIGHT. If the height of a guardrail is less
than 36 inches, an additional rail shall be
provided to the top of the rail to increase the
overall height to 42 inches.
(2) OPENINGS BELOW TOP RAIL. Additional
rails provided in accordance with subsection (1)
above shall be installed such that the distance
between the 2 top rails does not allow the
passage of an object with a diameter larger than
12 inches.
(h) Doors. Exit door size and swing shall comply
with the prevailing code. Double doors may be
used with a door leaf less than 32 inches in
width provided the total door width measures at
least 36 inches.
(i) Sanitary facilities. Sanitary facilities shall be
provided in accordance with the prevailing code.
Sec. 11-75. Alternate Structural Requirements
(a) Purpose. The purpose of this section is to
ensure that qualified historic buildings are
structurally sound, while allowing the significant
historic fabric of the building to remain.
(b) Scope. All qualified historic buildings shall
meet the loading requirements specified in this
section.
(c) Application.
(1) ALTERNATE STRUCTURAL
REQUIREMENTS. Except as provided in sub.
(2) below, this section applies to historic
buildings being:
(a) Reconstituted;
(b) Repaired;
(c) Remodeled; or
(d) Changed in use.
(2) NON-HISTORIC ADDITIONS AND
ALTERATIONS.
(a) Structurally separated. New additions that
are structurally separated from the existing
qualified historic structure shall comply with the
loading requirements of the prevailing code.
(b) Affect existing structure. New additions or
alterations which impose vertical or lateral loads
on an existing qualified historic building are not
permitted unless the supporting structure of the
qualified historic building is capable of
supporting the imposed load or unless the
structure is augmented to meet the additional
imposed loads.
(d) Structural report.
(1) WHEN REQUIRED. A structural report shall
be prepared on historic structures in accordance
with the following:
(a) Less than 25%. When a qualified historic
building is remodeled or changed in use which
affects less than 25% of the total area of the
building, a structural analysis shall be performed
on that portion being remodeled.
(b) 25% or more. When a qualified historic
building is remodeled or changed in use that
affects 25% or more of the total area of the
building, a complete structural analysis shall be
performed on the entire building.
(c) Reconstituted building. Prior to
reconstituting any vacant qualified historic
building, a structural analysis of the entire
building shall be performed.
(d) Repairs and replacements. If any part of an
historic building is repaired or replaced, a
structural analysis shall be performed on that
portion being repaired or replaced showing that
the repair or replacement equals or exceeds the
structural capability of the part being repaired or
replaced.
(2) VISUAL EXAMINATION. A visual
examination shall be made by an engineer or
architect to determine if the building structure
has cracks, distortions, sagging, excessive
deflections, significant misalignment, signs of
leakage and peeling of finishes caused by fire,
wind, water or snow.
(3) ANALYSIS. A structural analysis shall be
prepared by an Iowa registered engineer or
architect that describes the structural condition
of the building.
(a) The analysis shall demonstrate that the
building structure can support the imposed live
loads.
(b) An analysis shall be made of the floors to
determine the actual load carrying capacity.
(c) An analysis shall be made of the roof to
determine the actual load carrying capacity or,
the architect or engineer shall submit a
statement, signed and sealed that the roof
structure has stood the test of time described in
Section 11-75 (e) (2).
(d) An analysis shall be made to determine if
the structural frame can carryall combined
loads.
(e) Alternative standards. The alternative
standards for loading and materials may be
used in lieu of those in the prevailing code.
FLOOR LIVE LOADS.
(a) Reductions. Except for storage areas and
assembly occupancies, the following floor live
loads may be used in all occupancies in lieu of
augmenting the structure to accommodate the
required loading specified in the prevailing code.
1. The live load specified in the prevailing code
may be reduced by 15% for flexure if 3 or more
wood structural members are spaced less than
24 inches on center and are joined by a load-
distributing element. This live load reduction
may not be applied to the supports or if the
original design used repetitive allowable
stresses.
Regular Session, June 3, 2002
243
2. The reductions specified in the prevailing
code for large tributary areas which comply with
the prevailing code may be used.
3. The live load specified in the prevailing code
may be reduced by 10% if the existing structure
provides a 2-hour fire-resistive rating. This
reduction may be applied to steel and concrete
systems only.
4. The permitted reductions specified in
subsections 1-3 above are not to be used
cumulatively.
(b) Posting. If the actual live load capability is
less than the required live load specified in the
prevailing code, the actual live capability load
shall be conspicuously posted and no greater
load may be imposed upon the building.
(2) TEST OF TIME STANDARD. The test of
time standard may be applied in lieu of meeting
the design load requirements for roof dead load,
live load and wind load specified in the
prevailing code where no change of loading will
occur, providing:
(a) The historic building has been determined
to support the imposed floor loads; and
(b) The building has stood for more than 20
years with no visible signs of deterioration.
(f) Use of archaic materials. This section
establishes alternative standards that may be
used to evaluate the performance of archaic
materials and assemblies in qualified historic
buildings.
(1) ALLOWABLE STRESSES AND
CONSTRUCTION REQUIREMENTS.
Allowable stresses and construction
requirements for archaic materials may be
assigned on the basis of comparison with similar
conventional codified materials or tests or both.
(a) Archaic codes. Whenever possible,
allowable stresses and construction
requirements shall be assigned on the basis of
the code in effect at the time of construction.
(b) The allowable stresses may be determined
as follows:
1. Wood. Unless wood is laboratory tested, the
allowable stress shall not exceed the lowest
allowable stress for that particular species and
grade. If the grade and species can not be
determined, the allowable stress for the lowest
grade and species may be used.
2. Masonry. Allowable stresses for masonry
may be determined by laboratory results.
3. Steel. The allowable stresses for steel may
be determined using earlier editions of steel
design manuals for the period when the steel
was fabricated.
4. Concrete. The allowable stresses for
concrete may be determined using earlier
editions of concrete design manuals.
(2) STRUCTURAL CHANGES. Structural
changes to buildings that are restored, altered or
repaired may be made with the same materials
of which the existing building or structure was
constructed in order to maintain historical
integrity.
(3) FIRE RESISTANT PROPERTIES.
(a) The fire resistance of an archaic building
element may be determined from tables on fire
ratings of archaic materials and assemblies
recognized by the department and in
accordance with the following conditions:
1. The building element shall be constructed of
materials with the same dimensions and
properties as indicated in the tables;
2. The thickness shall be at least equal to, or
greater than that specified in the tables;
3. All penetrations in the building element, or
assembly, for electrical, plumbing and heating,
ventilating and air conditioning systems shall be
packed with noncombustible cementitious
materials and so fixed that the packing material
will not fall out when it loses its water of
hydration; and
4. Any effect of age, wear and tear shall be
repaired so that the building element is sound,
and the original thickness of all components is
maintained.
(b) Fire resistance ratings for a building element
may be determined by:
1. An actual test by an approved testing
laboratory as specified in prevailing code;
2. Typical examples as listed in the prevailing
code; or
3. An approved calculation method that utilizes
the principles and theories of heat flow,
mechanical properties, deflection, capacity and
as outlined in the prevailing code.
(c) New materials. The fire resistance of any
new assembly or materials shall conform to the
provisions of the prevailing code.
Sec. 11-76. Alternate Accessibility
Requirements
(a) Purpose. The purpose of this section is to
ensure that qualified historic buildings provide
access for people with physical disabilities, while
maintaining the significant historic fabric or
historic aspects of such buildings.
(b) Accessibility requirements. All qualified
historic buildings being altered or remodeled,
added to or changed in use shall comply with
the requirements of the prevailing code or the
prevailing Uniform Code for Building
Conservation and ADAAG 4.1.7.
Sec. 11-77. Alternate Mechanical
Requirements
(a) Purpose. The purpose of this section is to
ensure that qualified historic buildings are
properly heated, ventilated and air conditioned,
while allowing the significant historic fabric of the
building to remain.
(b) Application.
(1) ALTERNATE MECHANICAL
REQUIREMENTS. Except for historic exhibits
and seasonal use buildings, used during the
period of May 15 through September 15, all
244
Regular Session, June 3, 2002
qualified historic buildings shall be provided with
a heating system.
(a) The building shall be equipped with heating
equipment that equals or exceeds the
transmission losses and ventilation of infiltration
losses, whichever are greater. The heat loss
shall be based on the design criteria for outside
temperatures and interior design temperatures
for the specific use specified in the prevailing
code.
(b) If the existing heating equipment output
equals or exceeds the heat loss, the heating
equipment may be used provided all the safety
devices are in working order or the defective
safety devices are replaced.
(c) If room sizes are increased and the heating
equipment serving the room has sufficient
capacity to meet the increased heat loss, the
equipment may be used provided:
1. The equipment has sufficient capacity to
meet the new heat loss and the equipment can
operate safely at the increased temperature or
pressure; and
2. Safety devices are repaired or replaced to
operate at the increased temperature or
pressure.
(d) If room sizes are increased and the heating
equipment serving the room does not have
sufficient capacity to meet the increased heat
loss:
1. Additional equipment shall be added to meet
the new heat loss; or
2. New heating equipment shall be provided to
offset the additional heat loss.
(e) If rooms are reduced in size such that the
resulting heat loss is less than that provided to
the space, the existing equipment may be
altered by reducing the heat to that space if
reducing the heat does not affect the safety
devices regulating the system.
(f) Any alteration or remodeling of existing
heating equipment or systems shall conform to
the prevailing code for that portion being
remodeled or altered. Unless replaced with a
like kind, the replacement shall conform to the
prevailing code.
(2) LIGHT AND VENTILATION. Except for
historic exhibits, all qualified historic buildings
shall be provided with natural light and
ventilation as specified in the prevailing code.
(3) AIR CONDITIONING. Existing air
conditioning systems may be allowed to remain.
Any alteration made to an existing air
conditioning system shall conform to the
prevailing code.
Sec. 11-78. Alternate Electrical Requirements
(a) Purpose. The purpose of this section is to
ensure that qualified historic buildings are
properly wired while allowing the significant
historic fabric of the building to remain.
(b) Application.
(1) QUALIFIED HISTORIC BUILDINGS. Except
for historic buildings complying with subsection
(2) below, all other qualified historic buildings
shall be serviced with electricity as follows:
(a) Change of use. If a qualified historic
building is changed in use, a load calculation of
the building shall be performed for the proposed
use. If the load calculation exceeds the actual
service provided, the service shall be upgraded
to meet the new load.
(b) Reconstituted. If a qualified historic building
is without electrical service and is going to be
reconnected to electrical service, the existing
wiring shall be inspected at the service panels,
outlets, switches and where exposed to
determine the physical condition of the wire and
equipment.
(c) Alterations and repairs. Any alterations,
repair or replacement to an existing conductor,
outlet, switch and equipment in a qualified
historic building shall be made in accordance
with the prevailing electrical code for that portion
being altered, repaired or replaced.
(d) Existing building. Existing qualified historic
buildings may use the existing electrical system
without upgrading the electrical system to the
prevailing code.
(2) HISTORIC EXHIBITS. Qualified historic
buildings used as historic exhibits do not require
electrical service.
Sec. 11-79. Totally Preserved Buildings Used As
Historical Exhibits
(a) Scope. This section establishes alternative
standards for a qualified historic building that is
open to the public and used solely as an historic
exhibit. Repairs may be made without conformity
to the prevailing code to restore the building to
the original condition.
(b) Historic exhibits.
(1) Exempt. Except as specified in subsection
(2) below, a qualified historic building used as an
historic exhibit is exempt from complying with
the requirements of the prevailing code or other
sections of this Article.
(2) Minimum safety requirements. The following
minimum safety requirements shall be complied
with:
(a) The historic building is open to the public
only under the supervision of a tour guide;
(b) The historic building is not lived in, slept in
or worked in except for the purpose of
demonstrating to the public how people lived in
a particular era;
(c) No smoking is allowed in the building;
(d) No open flame equipment is installed in the
building, other than fireplaces and original
equipment;
(e) Fire extinguishers are provided, but may be
located in a non-conspicuous location on the
premise;
(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
is available, the smoke detectors shall be
connected to the electrical power. Where no
electrical power is available, the smoke detector
may be of a battery type. Smoke detectors shall
be tested weekly;
(g) Access for the disabled is provided in
accordance with Section 11-76;
(h) The capacity of the floor system shall be
determined by a registered architect or engineer
and any changes that are necessary shall be
made prior to the building being open to the
public;
(i) Historic buildings provided with only one exit
shall be restricted to a capacity of 10 persons
located above the first floor at anyone time;
(j) Signs shall be posted in the building
identifying and warning of stairs and headroom
clearance that do not conform to the prevailing
code; and
(k) Exit signs shall be provided in accordance
with the prevailing code in buildings occupied
prior to 1/2 hour before sunrise and 1/2 hour
after sunset and in all areas not provided with
natural lighting.
(c) Sanitary requirements. Toilet facilities shall
be made available in accordance with the
prevailing code. The facilities may be located on
the site and serve more than one historic exhibit.
Section 2. This Ordinance shall be in effect
after its final passage, approval and publication
as required by law.
Passed, approved and adopted this 3rd day of
June, 2002.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Published officially in the Telegraph Herald the
10th day of June, 2002.
Jeanne F. Schneider, City Clerk
1 t 6/10
Buol moved that the requirement that a
proposed Ordinance be considered and voted
on for passage at two Council Meetings prior to
the meeting at which it is to be finally passed be
suspended and further moved final
consideration and passage of the Ordinance.
Seconded by Michalski. Motion carried 7-0.
International Residential Code: City Manager
recommending adoption of the 2000
International Residential Code (IRC) published
by the International Code Council, Inc., six
amendments recommended by the Building
Code Board of Appeals, and Appendix F, and
communication from the Environmental
Stewardship Advisory Commission in support of
Appendix F (Radon Control Methods), presented
and read. Michalski moved that the
communication be received and filed.
Seconded by Nicholson. Motion carried 7-0.
Ron Smith, as a contractor and on behalf of
Homebuilders, spoke in opposition to the
addition of Appendix F - Radon control
methods.
Bill Niemann, as a member of the
Environmental Stewardship Advisory
Commission, spoke in support of the addition of
Appendix F - Radon control methods.
An Ordinance Amending the Code of
Ordinances, City of Dubuque, Iowa by adding
and enacting new Sections 11-5 and 11-6
thereof adopting the 2000 International
Residential Code for the City of Dubuque, Iowa
and providing for the issuance of permits and
collection of fees therefore, presented and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 44-02
AN ORDINANCE AMENDINGTHE CODE OF
ORDINANCES, CITY OF DUBUQUE, IOWA BY
ADDING AND ENACTING NEW SECTIONS
11-5 AND 11-6 THEREOF ADOPTING THE
2000 INTERNATIONAL RESIDENTIAL CODE
FOR THE CITY OF DUBUQUE, IOWA AND
PROVIDING FOR THE ISSUANCE OF
PERMITS AND COLLECTION OF FEES
THEREFOR
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Sections 11-5 and 11-6 of the
Code of Ordinances of the City of Dubuque,
Iowa be amended by enacting new Sections 11-
5 and 11-6 as follows:
Sec. 11-5. I nternational Residential Code -
Adopted.
Except as hereinafter added to, deleted,
modified or amended, there is hereby adopted
by reference as the building code of the city that
certain building code known as the International
Residential Code, 2000 Edition and as published
by the International Code Council, Inc., and the
provisions of such building code shall be
controlling in the construction of one and two
family residential buildings and in all matters
covered by such building code within the
corporate limits of the city and shall be known as
the "Dubuque Residential Building Code." A
copy of the International Residential Code, 2000
Edition, as adopted, shall be on file in the office
of the city clerk for public inspection.
Section 2. That the Code of Ordinances of the
City of Dubuque, Iowa be amended by enacting
Section 11-6 as follows:
Section 11-6. The code adopted by Section
11-5 of this chapter is hereby amended as
follows:
Section R103 Department of Building Safety.
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
thereof as follows:
Sec. R 103.1, Creation of enforcement agency.
There is hereby established in the city the
building services department, which shall be
under the jurisdiction of the building official.
R103.2 Appointment of Building Official. The
building official shall be appointed by and serve
at the pleasure of the city manager.
Section R108 Fees. Section R108.2 "Schedule
of Permit Fees" is hereby amended by adding a
new table thereof as follows:
Table No. R108.2 - BUILDING PERMIT FEES
1. Permit Issuance Fee for each permit: $5.00
2. Valuation Fee Schedule (in addition to
permit issuance fee)
$1.00 to $500.00 $10.00
$501.00 to $2,000.00 $10.00 for the first
$500.00, plus
$1.60 for each additional $100.00 or fraction
thereof, to and including 2,000.00.
$2,001.00 to $25,000.00 $34.00 for the first
$2,000.00, plus
$6.40 for each additional $1,000.00 or fraction
thereof, to and including $25,000.00.
$25,001.00 to $50,000.00 $181.20 for the
first $25,000.00,
plus $4.80 for each additional
$1,000.00 or fraction thereof, to and including
$50,000.00.
$50,001.00 to $100,000.00$301.20 for the first
$50,000.00,
plus $3.20 for each additional $1000.00 or
fraction thereof, to and including $100,000.00.
$100,001.00 and up $461.20 for the first
$100,000.00,
plus $2.70 for each additional $1000.00 or
fraction thereof.
Other Inspections and Fees
(1) Plan review fees when a plan is required by
Section R 106 of the code, per hour of review
time. .$45.00*
(Minimum of one-hour charge and charged in
1/2-hour increments beyond the first hour)
(2) Inspections outside of normal business
hours, per hour..$45.00* (Minimum charge of
two (2) hours)
(3) Inspections for which no fee is specifically
indicated, per hour.$45.00* (Minimum charge of
1/2-hour)
(4) Additional plan review required by
changes, additions or revIsions to approved
plans, per hour..$45.00* (Minimum charge of
1/2-hour)
*Or the total hourly cost to the jurisdiction,
whichever is the greatest. This cost shall
include outside plan review expense,
supervision, overhead, equipment, hourly wages
and fringe benefits of the employees involved.
Section R112 Board of Appeals. Section R112
"Board of Appeals" is hereby amended by
repealing such section and replacing such
section with a new section in lieu thereof as
follows:
Section R112. Building Code and Advisory
Appeals Board.
(a) Board Established. In order to determine
the suitability of alternative building materials
and methods of building construction, to provide
for reasonable interpretation of the provisions of
the building code, and to advise the city council
on all building construction regulations and
procedures, there is hereby created the building
code advisory and appeals board.
(b) Membership. The building code advisory
and appeals board shall consist of five (5)
members appointed by the city council. One (1)
member shall be an architect or engineer
registered in the State of Iowa, one (1) member
shall be a general building construction
contractor, one (1) member shall be a
journeyman carpenter, and two (2) members
shall be from the public at large.
(c) Term of Office. The term of office of all
board members shall be for three (3) years,
except that initial appointments of one (1)
member shall be for a term of one (1) year, two
(2) members for two-year terms and two (2)
members for three-year terms.
(d) Rules and Regulations. The board shall
make such rules and prescribe such procedures
as may be reasonably necessary for its
operation, except that such rules shall include
the following:
(1) Board Chairperson. The chairperson of the
board shall be a member of the board elected
annually by a majority of the board.
(2) Secretary of the board. The building
official, or designee, shall be secretary of the
board. The secretary shall arrange for meetings
and prepare and keep such minutes and records
and perform such other clerical work as the
board may direct.
(3) Quorum. Three (3) members shall
constitute a quorum. The concurring vote of
three (3) members of the board shall be
necessary to pass any motion.
(4) Service until appointment of successor.
Upon completion of the term of office, members
of the building code board shall continue to
serve in their full capacity until their successor
has been duly appointed.
(5) Meetings. The building code board shall
meet upon call of the chairperson, secretary or
city manager. Members of the building code
board shall attend at least two-thirds of all
scheduled meetings within a twelve-month
period. If any member does not attend such
prescribed number of meetings, it shall
constitute grounds for the board to recommend
to the city council that said member be replaced.
(6) Attendance. The secretary shall enter the
attendance of all members on the minutes.
Regular Session, June 3, 2002
247
(7) Conformity with open meetings law. All
meetings shall be held in conformance with
provisions of the Iowa Open Meetings Law.
(8) Minutes. The building code board shall file
with the city council a copy of the minutes of
each meeting of the board within ten (10)
working days after such meeting.
(9) Administrative policies. All administrative,
personnel, accounting, budgetary, and
procedural policies of the city shall govern the
building code board in all of its operations.
(10) Duties when serving as an appeals
board. Any person who is aggrieved by a
decision of the building official on any
requirements resulting from the enforcement of
the building code, may appeal from such
decision to the building code board and said
board shall serve as an appeal board. In case
the aggrieved party is a member of said board,
said member shall be disqualified as a member
of the board acting as an appeal board, until the
person aggrieved has been heard and a
decision rendered.
The appeal shall be made by the person
aggrieved, giving written notice of such appeal
to the building official within seven (7) days of
receipt of decision from which the appeal is
taken. The building code board sitting as an
appeal board shall meet within ten (10) working
days after receiving such notice and render a
decision within five (5) working days thereafter.
Any interested party, including the building
official, shall have the right to present their case
to the appeal board, whose decision shall be
final unless appealed to the district court as
provided by law.
The board of appeals may reverse or modify a
decision of the building official only on finding
that:
a. The building official had incorrectly
interpreted the provision of this code;
b. The decision of the building official creates
an unnecessary hardship upon the appellant.
The board of appeals shall require that
sufficient evidence or proof be submitted to
substantiate any claims made regarding the use
of alternates.
All appeal hearings shall be conducted in
accordance with the procedures specified in this
code.
(e) Limitations of Authority. The Board of
Appeals shall have no authority relative to
interpretation of the administrative provisions of
this code nor shall the Board be empowered to
waive requirements of this code.
In so modifying or reversing such decision of
the building official, the board of appeals may
authorize any alternate to the decision of the
building official and the provisions, provided it
finds the proposed material or method of
construction is satisfactory for the use intended
and complies with the provisions of this code,
and that the material, method or work offered is,
for the purpose intended, at least equivalent to
that prescribed by this code in suitability,
strength, effectiveness, durability, fire resistance
and safety.
Section R 113 Violations. Section R 113,
"Violations" is hereby amended by repealing
such section and replacing such section with a
new section in lieu thereof as follows:
Section R 113 Violations
It shall be unlawful for any person, firm or
corporation to erect, construct, enlarge, alter,
repair, move, improve, remove, convert or
demolish, equip, use, occupy or maintain any
building or structure or cause or permit the same
to be done in violation of this code.
The doing of any act, or the omission of any
act, declared to be unlawful by this code, or any
code or ordinance herein adopted by reference
shall be deemed a separate offense for each
and every day or portion thereof during which
any such unlawful act is committed, continued or
permitted and upon conviction shall be
punishable as provided in Chapter I of the Code
of Ordinances. The penalty herein provided
shall be cumulative with and in addition to the
revocation, cancellation or forfeiture of any
license or permit elsewhere in this code
provided for violation thereof.
Sec. R310. Section R310, "Emergency Escape
and Rescue Openings" is hereby amended as
follows:
Sec. R310 Emergency Escape and Rescue
Openings
Section 310.1 Emergency escape and rescue
required.
Add exceptions to Section 310.1:
EXCEPTIONS:
1. Basements without bedrooms that provide a
second stairway that terminates in a room
separate from the first stairway.
2. The finished sill height may exceed 44
inches (1118 mm) above the floor if approved by
the building official and the following conditions
are met:
The exterior finish grade is more than 36
inches (914 mm) above the interior floor level of
the room, OR altering the exterior configuration
of the building would adversely affect the
historical significance of the building.
A platform capable of supporting a live load of
300 pounds shall be permanently affixed at the
interior of the window. This platform shall be no
lower than 20 inches (508 mm) above the floor
and no higher than 36 inches (914 mm) above
the floor. The distance from the platform to the
finished sill height shall not exceed 36 inches
(914 mm). The platform shall extend outward
from the wall a minimum of 24 inches (610 mm)
and shall be at least as wide as the clear
openable width of the window.
248
Regular Session, June 3, 2002
The escape or rescue window shall have a
minimum clear openable area of 9 square feet
(0.84 m2), with a minimum dimension of 36
inches (914 mm).
The building is equipped with smoke detectors
installed in accordance with Section R317.
Sec. R316, Section R316 "Guards" is hereby
amended by adding exception #2 to subsection
R316.1 "Guards required" as follows:
EXCEPTIONS:
1. T he triangular openings formed by the riser,
tread and bottom element of a guardrail at the
open side of a stairway may be of such size that
a sphere 6 inches (152 mm) in diameter cannot
pass through.
2. The measurement shall be made at 18
inches (462 mm) above the surface of the stair
tread.
Sec. R315. Section R315.1 , "Handrails" is
hereby amended by adding exception #3 as
follows:
EXCEPTIONS:
1. Handrails shall be permitted to be
interrupted by a newel post at a turn.
2. The use of a volute, turnout or starting
easing shall be allowed over the lowest tread.
3. Top rails may be interrupted by walls.
Sec. R404 Foundation Walls. Section
R404.1.2, "Foundation Walls" is hereby
amended by adding an exception as follows:
EXCEPTION:
The following reinforcement requirements may
be used as an alternative for 8" (204 mm) thick
concrete foundation walls between 96 (2438
mm) and 120 inches (3048 mm) in height: #4
bars 20 inches (508 mm) on center vertically
and #4 bars 24 inches (610 mm) on center
horizontally.
Chapter 11. Chapter 11 "Energy Efficiency" is
hereby amended by deleting the entire chapter.
Sec. P2603.6 Freezing. Section P2603.6,
"Freezing" is hereby amended by repealing the
last sentence and replacing such sentence with
a new sentence in lieu thereof as follows:
Water service pipe shall be installed 6 inches
(152 mm) below the frost line.
Sec. P3114 Air Admittance Valves. Section
P3114.3, 'Where permitted" is hereby amended
by repealing such section and replacing such
section with a new section in lieu thereof as
follows:
Individual vents, branch vents, circuit vents
and stack vents shall be permitted to terminate
with a connection to an air admittance valve
when approved by the building official or their
agent in cases where structural or existing
conditions do not allow for the termination of a
vent to the open air.
Part VIII Electrical. Part VIII "Electrical" is
hereby amended by deleting Chapters 33-42 in
their entirety.
Section 3. This Ordinance shall be in effect
after its final passage, approval and publication
as required by law.
Passed, approved and adopted this 3rd day of
June, 2002.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Published officially in the Telegraph Herald the
10th day of June, 2002.
Jeanne F. Schneider, City Clerk
1 t 6/10
Michalski moved that the requirement that a
proposed Ordinance be considered and voted
on for passage at two Council Meetings prior to
the meeting at which it is to be finally passed be
suspended and further moved final
consideration and passage of the Ordinance.
Seconded by Nicholson. Vote on the motion
was as follows: Yeas--Nicholson, Michalski.
Nays--Buol, Cline, Connors, Duggan, Markham.
Motion Failed. Markham moved that the
requirement that a proposed Ordinance be
considered and voted on for passage at two
Council Meetings prior to the meeting at which it
is to be finally passed be suspended and further
moved final consideration and passage of the
Ordinance, as amended to not include Appendix
F - Radon control methods. Seconded by Buol.
Motion carried 7-0.
International Building Code: City Manager
recommending adoption of the 2000
International Building Code (IBC) published by
the International Code Council, Inc., presented
and read. Buol moved that the communication
be received and filed. Seconded by Markham.
Motion carried 7-0.
An Ordinance Amending the Code of
Ordinances, City of Dubuque, Iowa by repealing
Section 11-1 and Section 11-2 and enacting new
Sections 11-1 and 11-2 thereof adopting the
2000 International Building Code for the City of
Dubuque, Iowa and providing for the issuance of
permits and collection of fees therefore,
presented and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 45-02
AN ORDINANCE AMENDINGTHE CODE OF
ORDINANCES, CITY OF DUBUQUE, IOWA BY
REPEALING SECTION 11-1 AND SECTION
11-2 AND ENACTING NEW SECTIONS 11-1
AND 11-2 IN LIEU THEREOF ADOPTING THE
2000 INTERNATIONAL BUILDING CODE FOR
THE CITY OF DUBUQUE, IOWA AND
PROVIDING FOR THE ISSUANCE OF
PERMITS AND COLLECTION OF FEES
THEREFOR
NOW, THEREFORE, BE IT ORDAINED BY
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
Ordinances of the City of Dubuque, Iowa be
amended by repealing Section 11-1 and
enacting a new Section 11-1 in lieu thereof as
follows:
Sec. 11-1. International Building Code-
Adopted.
Except as hereinafter added to, deleted,
modified or amended, there is hereby adopted
by reference as the building code of the city that
certain building code known as the International
Building Code, 2000 Edition and as published by
the International Code Council, Inc., and the
provisions of such building code shall be
controlling in the construction of buildings and
other structures and in all matters covered by
such building code within the corporate limits of
the city and shall be known as the "Dubuque
Building Code." A copy of the International
Building Code, 2000 Edition, as adopted, shall
be on file in the office of the city clerk for public
inspection.
Section 2. That the Code of Ordinances of the
City of Dubuque, Iowa be amended by repealing
Section 11-2 and enacting a new section 11-2 in
lieu thereof as follows:
Section 11-2. The code adopted by Section
11-1 of this chapter is hereby amended as
follows:
Sec. 101.3 Section 101.3 "Scope" is hereby
amended by repealing Sec. 101.3 and enacting
a new Sec. 101.3 to read as follows:
Sec. 101.3 Scope. The provisions of this code
shall apply to the construction, alteration,
moving, demolition, repair, maintenance and use
of any building or structure within this
jurisdiction, except work located primarily in a
public way, public utility towers and poles,
mechanical equipment not specifically regulated
in this code, and hydraulic flood control
structures.
For additions, alterations, moving and
maintenance of buildings and structures, see
Chapter 34. For temporary buildings and
structures, see Section 3103 and Appendix
Chapter 31.
Historic buildings. Repairs, alterations and
additions necessary for the preservation,
restoration, rehabilitation, continued use or
change of use of a historic building may be
made in compliance with the provisions of the
1997 Edition of the Uniform Code for Building
Conservation (UCBC).
Where, in any specific case, different sections
of this code specify different materials, methods
of construction or other requirements, the most
restrictive shall govern.
Where there is a conflict between a general
requirement and a specific requirement, the
specific requirement shall be applicable.
Wherever in this code reference is made to the
appendix, the provisions in the appendix shall
not apply unless specifically adopted.
Sec. 102. Section 102, "Unsafe Buildings or
Structures" is hereby amended by repealing
such section and replacing such section with a
new section in lieu thereof as follows:
Sec. 102. Unsafe Buildings or Structures
All buildings or structures regulated by this
code which are structurally unsafe or not
provided with adequate egress, or which
constitute a fire hazard, or are otherwise
dangerous to human life are, for the purpose of
this section, unsafe. Any use of buildings or
structures constituting a hazard to safety, health
or public welfare by reason of inadequate
maintenance, dilapidation, obsolescence, fire
hazard, disaster, damage or abandonment is, for
the purpose of this section, an unsafe use.
Parapet walls, cornices, spires, towers, tanks,
statuary and other appendages or structural
members which are supported by, attached to,
or a part of a building and which are in
deteriorated condition or otherwise unable to
sustain the design loads which are specified in
this code are hereby designated as unsafe
building appendages.
All such unsafe buildings, structures or
appendages are hereby declared to be public
nuisances and shall be abated by repair,
rehabilitation, demolition or removal in
accordance with the procedures set forth in
Article II of Chapter 11 of the Code of
Ordinances.
Sec. 108 Section 108, "Fees," hereby is
amended by repealing subsection 108.2, "Permit
Fees" and replacing such subsection with new
subsections in lieu thereof as follows:
108.2.1 Permit Fees. The fee for each permit
shall be as set forth in Table No.
108.2. The determination of value or valuation
under any of the provisions of this code shall be
made by the building official. The value to be
used in computing the building permit fee for
new construction shall be the cost of all building
materials and the usual cost of labor whether
such labor is performed by the owners or others.
Such valuation may exclude the cost of the lot or
improvements to the lot such as grading,
landscaping, walks or drives, and/or the cost of
the air conditioning, electrical, heating, plumbing
or ventilation systems, for which separate
inspection fees are charged; however, the
approximate value of these items shall be shown
on the permit in the space provided for that
purpose.
The valuations for alterations, repairs,
replacement or remodeling shall include the cost
of materials and the usual cost of labor, whether
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
structure.
The payment of fees under this section of the
code shall not relieve the applicant, permit
holder or other persons from the payment of any
other fee or fees that may be prescribed by this
code, by law or by ordinance. No fee shall be
required for buildings owned and used
exclusively by the city.
108.2.2 Plan Review Fees. When a plan or
other data is required to be submitted by
subsection 106.1 of this code, a plan review fee
shall be due and payable prior to the issuance of
a permit. Such plan review fee shall be as set
forth in Table No.1 08.2.
The plan review fees specified in this
subsection are separate fees from the permit
fees specified in Section 108.1 and are in
addition to the permit fees.
When plans are incomplete or changed so as
to require additional plan review, an additional
plan review fee shall be charged as set forth in
Table No.1 08.2.
Table No. 108.2 - BUILDING PERMIT FEES
1. Permit Issuance Fee for each permit: $5.00
2. Valuation Fee Schedule (in addition to
permit issuance fee)
$1.00 to $500.00 $10.00
$501.00 to $2,000.00 $10.00 for the first
$500.00, plus $1.60 for each additional
$100.00or fraction thereof, to and including
$2,000.00.
$2,001.00 to $25,000.00 $34.00 for the
first $2,000.00, plus $6.40 for each additional
$1,000.00 or fraction thereof, to and including
$25,000.00.
$25,001.00to $50,000.00 $181.20 for the
first $25,000.00, plus $4.80 for each additional
$1,000.00 or fraction thereof, to and including
$50,000.00.
$50,001.00 to $100,000.00 $301.20 for the
first $50,000.00, plus $3.20 for each
additional $1000.00 or fraction thereof, to and
including $100,000.00.
$100,001.00 and up $461.20 for the first
$100,000.00, plus $2.70 for each additional
$1000.00 or fraction thereof.
Other Inspections and Fees
(1) Plan review fees when a plan is required by
section 302(b) of the
code, per hour of review time -- $30.00*
(minimum of one-hour charge and charged in
1/2-hour increments beyond the first hour)
(2) Inspections outside of normal business
hours, per hour.$45.00* (minimum charge of
two (2) hours)
(3) Reinspection fee assessed under
provisions of Section 305(g), each. $30.00*
(4) Inspections for which no fee is specifically
indicated, per hour.$30.00* (minimum charge of
1/2-hour)
(5) Additional plan review required by
changes, additions or revIsions to approved
plans, per hour..$30.00* (minimum charge of
1/2-hour)
* Or the total hourly cost to the jurisdiction,
whichever is the greatest. This cost shall
include outside plan review expense,
supervision, overhead, equipment, hourly wages
and fringe benefits of the employees involved.
Sec. 112. Section 112, "Board of Appeals," is
hereby amended by repealing such section and
replacing such section with a new section in lieu
thereof as follows:
Sec. 112. Building Code and Advisory
Appeals Board.
(a) Board Established. In order to determine
the suitability of alternative building materials
and methods of building construction, to provide
for reasonable interpretation of the provisions of
the building code, and to advise the city council
on all building construction regulations and
procedures, there is hereby created the building
code advisory and appeals board.
(b) Membership. The building code advisory
and appeals board shall consist of five (5)
members appointed by the city council. One (1)
member shall be an architect or engineer
registered in the State of Iowa, one (1) member
shall be a general building construction
contractor, one (1) member shall be a
journeyman carpenter, and two (2) members
shall be from the public at large.
(c) Term of Office. The term of office of all
board members shall be for three (3) years,
except that initial appointments of one (1)
member shall be for a term of one (1) year, two
(2) members for two-year terms and two (2)
members for three-year terms.
(d) Rules and Regulations. The board shall
make such rules and prescribe such procedures
as may be reasonably necessary for its
operation, except that such rules shall include
the following:
(1) Board Chairperson. The chairperson of the
board shall be a member of the board elected
annually by a majority of the board.
(2) Secretary of the board. The building
official, or designee, shall be secretary of the
board. The secretary shall arrange for meetings
and prepare and keep such minutes and records
and perform such other clerical work as the
board may direct.
(3) Quorum. Three (3) members shall
constitute a quorum. The concurring vote of
three (3) members of the board shall be
necessary to pass any motion.
(4) Service until appointment of successor.
Upon completion of the term of office, members
of the building code board shall continue to
serve in their full capacity until their successor
has been duly appointed.
Regular Session, June 3, 2002
251
(5) Meetings. The building code board shall
meet upon call of the chairperson, secretary or
city manager. Members of the building code
board shall attend at least two-thirds of all
scheduled meetings within a twelve-month
period. If any member does not attend such
prescribed number of meetings, it shall
constitute grounds for the board to recommend
to the city council that said member be replaced.
(6) Attendance. The attendance of all
members shall be entered on the minutes by the
secretary.
(7) Conformity with open meetings law. All
meetings shall be held in conformance with
provisions of the Iowa Open Meetings Law.
(8) Minutes. The building code board shall file
with the city council a copy of the minutes of
each meeting of the board within ten (10)
working days after such meeting.
(9) Administrative policies. All administrative,
personnel, accounting, budgetary, and
procedural policies of the city shall govern the
building code board in all of its operations.
(10) Duties when serving as an appeals
board. Any person who is aggrieved by a
decision of the building official on any
requirements resulting from the enforcement of
the building code, may appeal from such
decision to the building code board and said
board shall serve as an appeal board. In case
the aggrieved party is a member of said board,
said member shall be disqualified as a member
of the board acting as an appeal board, until the
person aggrieved has been heard and a
decision rendered.
The appeal shall be made by the person
aggrieved, giving written notice of such appeal
to the building official within seven (7) days of
receipt of decision from which the appeal is
taken. The building code board sitting as an
appeal board shall meet within ten (10) working
days after receiving such notice and render a
decision within five (5) working days thereafter.
Any interested party, including the building
official, shall have the right to present their case
to the appeal board, whose decision shall be
final unless appealed to the district court as
provided by law.
The board of appeals may reverse or modify a
decision of the building official only on finding
that:
a. The building official had incorrectly
interpreted the provision of this code;
b. The decision of the building official creates
an unnecessary hardship upon the appellant.
The board of appeals shall require that
sufficient evidence or proof be submitted to
substantiate any claims made regarding the use
of alternates.
All appeal hearings shall be conducted in
accordance with the procedures specified in this
code.
(e) Limitations of Authority. The Board of
Appeals shall have no authority relative to
interpretation of the administrative provisions of
this code nor shall the Board be empowered to
waive requirements of this code.
In so modifying or reversing such decision of
the building official, the board of appeals may
authorize any alternate to the decision of the
building official and the provisions, provided it
finds the proposed material or method of
construction is satisfactory for the use intended
and complies with the provisions of this code,
and that the material, method or work offered is,
for the purpose intended, at least equivalent to
that prescribed by this code in suitability,
strength, effectiveness, durability, fire resistance
and safety.
Sec. 113 Section 113, "Violations" is hereby
amended by repealing such section and
replacing such section with a new section in lieu
thereof as follows:
Sec. 113 Violations
It shall be unlawful for any person, firm or
corporation to erect, construct, enlarge, alter,
repair, move, improve, remove, convert or
demolish, equip, use, occupy or maintain any
building or structure or cause or permit the same
to be done in violation of this code.
The doing of any act, or the omission of any
act, declared to be unlawful by this code, or any
code or ordinance herein adopted by reference
shall be deemed a separate offense for each
and every day or portion thereof during which
any such unlawful act is committed, continued or
permitted and upon conviction shall be
punishable as provided in Chapter 1 of the Code
of Ordinances. The penalty herein provided
shall be cumulative with and in addition to the
revocation, cancellation or forfeiture of any
license or permit elsewhere in this code
provided for violation thereof.
Section 3. This Ordinance shall be in effect
after its final passage, approval and publication
as required by law.
Passed, approved and adopted this 3rd day of
June, 2002.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Published officially in the Telegraph Herald the
10th day of June, 2002.
Jeanne F. Schneider, City Clerk
1 t 6/10
Buol moved that the requirement that a
proposed Ordinance be considered and voted
on for passage at two Council Meetings prior to
the meeting at which it is to be finally passed be
suspended and further moved final
consideration and passage of the Ordinance.
Seconded by Markham. Motion carried 7-0.
Electrical Code: City Manager recommending
adoption of the 2002 National Electric Code
252
Regular Session, June 3, 2002
(NEC) published by the National Fire Protection
Association (NFPA), presented and read. Buol
moved that the communication be received and
filed. Seconded by Michalski. Motion carried 7-
o.
An Ordinance Amending the Code of
Ordinances, City of Dubuque, Iowa by repealing
Section 18-1 thereof and enacting a new Section
18-1 pertaining to revising and reenacting an
Electrical Code for the City of Dubuque, Iowa
and providing for the issuance of permits and
collection of fees therefore, presented and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 46-02
AN ORDINANCE OF THE CITY OF DUBUQUE,
IOWA PROVIDING THAT THE CODE OF
ORDINANCES, CITY OF DUBUQUE, IOWA BE
AMENDED BY REPEALING SECTION 18-1
THEREOF AND ENACTING A NEW SECTION
18-1 THEREOF PERTAINING TO REVISING
AND REENACTING AN ELECTRICAL CODE
FOR THE CITY OF DUBUQUE, IOWA AND
PROVIDING FOR THE ISSUANCE OF
PERMITS AND COLLECTION OF FEES
THEREFOR.
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Section 18-1 of the Code of
Ordinances of the City of Dubuque, Iowa be
amended by repealing Section 18-1 and
enacting a new Section 18-1 in lieu thereof:
Section 18-1
Except as hereinafter added to, deleted,
modified or amended, there is hereby adopted
by reference as the electrical code of the City
that certain electrical code known as the
National Electrical Code, 2002 Edition, as
prepared and edited by the National Fire
Protection Agency, Quincy, Massachusetts, and
the provisions of such electrical code shall be
controlling in the supply of electricity and in the
installation, maintenance and use of all electrical
conductors and equipment and installation of
optical fiber cable within the corporate limits of
the City and shall be known as the "Dubuque
Electrical Code". A copy of the National
Electrical Code, 2002 Edition, as adopted, shall
be on file in the office of the City Clerk for public
inspection.
Section 2. That Section 18-2 of the Code of
Ordinances of the City of Dubuque, Iowa be
amended by amending Section 18-2 as follows:
Section 334.12 is hereby amended by adding:
Section334.12 (A) (11 )-In any structure
exceeding three floors above finished grade. For
the purposes of this article, the first floor of a
building shall be that floor that has 50 percent or
more of the exterior wall surface area level with
or above finished grade.
Section 3. When Effective. This Ordinance
shall take effect immediately upon publication as
provided by law.
Passed, approved and adopted this 3rd day of
June, 2002.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Published officially in the Telegraph Herald
newspaper this 10th day of June, 2002.
Jeanne F. Schneider, City Clerk
1 t 6/10
Buol moved that the requirement that a
proposed Ordinance be considered and voted
on for passage at two Council Meetings prior to
the meeting at which it is to be finally passed be
suspended and further moved final
consideration and passage of the Ordinance.
Seconded by Michalski. Motion carried 7-0.
Heating, Air Conditioning and Ventilating
(Mechanical) Code: City Manager
recommending adoption of the 2000 Uniform
Mechanical Code (UMC) published by the
International Association of Plumbing and
Mechanical Officials (IAPMO), presented and
read. Cline moved that the communication be
received and filed. Seconded by Nicholson.
Motion carried 7-0.
An Ordinance Amending the Code of
Ordinances, City of Dubuque, Iowa by repealing
Section 24-1 thereof and enacting a new Section
24-1 pertaining to revising and reenacting a
Mechanical Code for the City of Dubuque, Iowa
and providing for the issuance of permits and
collection of fees therefore, presented and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 47-02
AN ORDINANCE OF THE CITY OF DUBUQUE,
IOWA PROVIDING THAT THE CODE OF
ORDINANCES, CITY OF DUBUQUE, IOWA BE
AMENDED BY REPEALING SECTION 24-1
THEREOF AND ENACTING A NEW SECTION
24-1 THEREOF PERTAINING TO REVISING
AND REENACTING A MECHANICAL CODE
FOR THE CITY OF DUBUQUE, IOWA AND
PROVIDING FOR THE ISSUANCE OF
PERMITS AND COLLECTION OF FEES
THEREFOR.
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Section 24-1 of the Code of
Ordinances of the City of Dubuque, Iowa be
amended by repealing Section 24-1 and
enacting a new Section 24-1 in lieu thereof:
Section 24-1
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
that certain mechanical code known as the
"Uniform Mechanical Code", 2000 Edition,
including the 2000 Uniform Mechanical Code
Appendices as prepared and edited by the
International Association of Plumbing and
Mechanical Officials, Walnut, California, and the
provisions of such mechanical code shall be
controlling for the installation, maintenance and
use of heating, ventilating, cooling, refrigeration
systems, incinerators and other miscellaneous
heat-producing appliances within the corporate
limits of the City and shall be known as the
"Dubuque Mechanical Code". A copy of the
Uniform Mechanical Code, 2000 Edition, as
adopted, shall be on file in the office of the City
Clerk for public inspection.
Section 2. When Effective. This Ordinance
shall take effect immediately upon publication as
provided by law.
Passed, approved and adopted this 3rd day of
June, 2002.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Published officially in the Telegraph Herald the
10th day of June, 2002.
Jeanne F. Schneider, City Clerk
1 t 6/10
Cline moved that the requirement that a
proposed Ordinance be considered and voted
on for passage at two Council Meetings prior to
the meeting at which it is to be finally passed be
suspended and further moved final
consideration and passage of the Ordinance.
Seconded by Nicholson. Motion carried 7-0.
Human Relations Ordinance: City Manager
recommending adoption of an amendment to
Chapter 27, "Human Relations" of the Code of
Ordinances to make the Ordinance more
consistent with actual practices, clarify some
provisions and remove others, and tighten some
sections by removing extraneous language,
presented and read. Buol moved that the
communication be received and filed. Seconded
by Markham. Motion carried 7-0.
An Ordinance Amending the City Of Dubuque
Code of Ordinances Section 27-1 by substituting
new definitions for "Court," "Person," and "Unfair
Practice or Discriminatory Practice"; by
amending Section 27-23(b) Relating to
Meetings; by amending Section 27-27(4), (6)
and (7) Clarifying the Powers and Duties of
Commissioners; by amending Section 27-29
Relating to the Issuance of Subpoenas; by
amending Section 27-51(1) and (2) Relating to
Illegal "Aiding or Abetting"; by amending 27-
52(1) Concerning Involuntary Retirement of
Persons; by amending Section 27-61
Concerning Prohibited Practices in
Accommodations or Services; by amending
Section 27-72 Exemptions from Employment
Practices; by amending Section 27-81 (a)
Relating to Employment Prohibited Practices; by
amending Section 27 -82 Concerning
Exemptions to Disability Discrimination by
Religious Entities and the Family Exemptions
and the Employment Prohibitions; by amending
Section 27-84(e) which changes "Transportation
Employees" to "Governmental Regulations"; by
amending Section 27-85(a) Relating to
Prohibited Practices in Public Accommodations
and Section 27 -85( c) Relating to Prohibited
Practices in Public Accommodations; by
Amending Section 27-111 Clarifying who can file
civil rights complaints; by amending Section 27-
114 Clarifying the ability of the Director to screen
complaints; by amending Section 27-116(a)
Concerning the remedial action in contested
cases; by amending Section 27-117 clarifying
the Section and by deleting extraneous words;
by repealing Section 27-119 Procedural Rules;
by amending Section 27-121 concerning how
the Chapter is to be construed; and by
substituting a new definition of "Person" in
Section 27-130, presented and read. Buol
moved that the requirement that a proposed
Ordinance be considered and voted on for
passage at two Council Meetings prior to the
meeting at which it is to be finally passed be
suspended and further moved final
consideration and passage of the Ordinance.
Seconded by Markham. No vote taken on this
motion.
Nicholson moved to table action on this
Ordinance. Seconded by Cline. Motion carried
7-0.
Affordable Housing Task Force: City Manager
providing additional information and requesting
City Council direction on the recommendations
presented in the December 2001 report of the
Affordable Owner-Occupied Housing
Committee, presented and read. Markham
moved to receive and file the communication
and direct staff to schedule a worksession to
discuss this matter. Seconded by Nicholson.
Carried by the following motion: Yeas--Buol,
Cline, Connors, Markham, Michalski, Nicholson.
Nays--Duggan.
Expansion of Parking Meter District on 8th
Street and Main Street (First Reading on 5/6/02;
Second Reading on 5/20/02): An Ordinance
Amending Section 32-336 of the City of
Dubuque Code of Ordinances, establishing the
Municipal Parking Meter District by adding both
sides of Eighth Street from Main Street to Locust
Street and both sides of Main Street from Fifth
Street to Ninth Street, presented and read.
Nicholson moved final consideration and
passage of the Ordinance. Seconded by Buol.
Vote on the motion was as follows: Yeas--Buol,
254
Regular Session, June 3, 2002
Markham, Nicholson. Nays--Cline, Connors,
Duggan, Michalski. Motion failed.
Greater Dubuque Development Corporation:
Communication from Rick Dickinson, Executive
Director of Greater Dubuque Development
Corporation, requesting appointments to the
GDDC Board of Directors (currently Mayor,
Council Member Dan Nicholson and Council
Member Patricia Cline, City Manager and
Economic Development Director), presented
and read. Michalski moved that the
communication be received and filed and
reaffirmed the same appointments. Seconded
by Markham. Motion carried 7-0.
ITEMS TO BE SET FOR PUBLIC HEARING
Education and Conference Center - Bid
Package #2 Project: City Manager
recommending initiation of the bidding process
for the Education and Conference Center Bid
Package #2 Project and setting a public hearing
for July 1, 2002, presented and read. Cline
moved that the communication be received and
filed. Seconded by Buol. Motion carried 7-0.
RESOLUTION NO. 294-02
PRELIMINARY APPROVAL OF
PLANS AND SPECIFICATIONS
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed plans, specifications, form
of contract and estimated cost for the Education
and Conference Center- Bid Package #2, in the
estimated amount of $686,650.00 are hereby
approved and ordered filed in the office of the
City Clerk for public inspection.
Passed, approved and adopted this day of
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. 295-02
FIXING DATE OF HEARING
ON PLANS AND SPECIFICATIONS
Whereas, the City Council of the City of
Dubuque, Iowa has given its preliminary
approval on the proposed plans, specifications,
and form of contract and placed same on file in
the office of the City Clerk for public inspection
of the Education and Conference Center- Bid
Package #2.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That on the 1 st day of July, 2002, a public
hearing will be held at 6:30 p.m. in the Public
Library Auditorium at which time interested
persons may appear and be heard for or against
the proposed plans and specifications, form of
contract and cost of said improvement, and the
City Clerk be and is hereby directed to cause a
notice of time and place of such hearing to be
published in a newspaper having general
circulation in the City of Dubuque, Iowa, which
notice shall be not less than four days nor more
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.
Passed, approved and adopted this 3rd 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. 296-02
ORDERING BIDS
NOW THEREFORE, BE IT RESOLVED BY
THE COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
That the Education and Conference Center-
Bid Package #2 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
of the notice to bidders hereby approved as a
part of the plans and specifications heretofore
adopted.
That the City Clerk is hereby directed to
advertise for bids for the construction of the
improvements herein provided, to be published
in a newspaper having general circulation in the
City of Dubuque, Iowa, which notice shall not be
less than four days nor more than forty-five days
prior to the receipt of said bids at 2:00 p.m. on
the 20th day of June, 2002. Bids shall be opened
and read by the City Clerk at said time and will
be submitted to the Council for final action at
6:30 p.m. on the 1st day of July, 2002.
Passed, approved and adopted this 3rd 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.
Bunker Hill Sidewalk Installation Project: City
Manager recommending initiation of the bidding
process for the Bunker Hill Sidewalk Installation
Project and setting a public hearing for July 1,
2002, presented and read. Cline moved that the
communication be received and filed. Seconded
by Buol. Motion carried 7-0.
RESOLUTION NO. 297-02
PRELIMINARY APPROVAL OF
PLANS AND SPECIFICATIONS
Regular Session, June 3, 2002
255
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed plans, specifications, form
of contract and estimated cost for the Bunker Hill
Sidewalk Installation Project in the estimated
amount of $77,387.64, are hereby approved and
ordered filed in the office of the City Clerk for
public inspection.
Passed, adopted and approved this 3rd 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. 298-02
FIXING DATE OF HEARING
ON PLANS AND SPECIFICATIONS
Whereas, the City Council of the City of
Dubuque, Iowa has given its preliminary
approval on the proposed plans, specifications,
and form of contract and placed same on file in
the office of the City Clerk for public inspection
of the Bunker Hill Sidewalk Installation Project.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That on the 1 st day of July, 2002, a public
hearing will be held at 6:30 p.m. in the Public
Library Auditorium at which time interested
persons may appear and be heard for or against
the proposed plans and specifications, form of
contract and cost of said improvement, and the
City Clerk be and is hereby directed to cause a
notice of time and place of such hearing to be
published in a newspaper having general
circulation in the City of Dubuque, Iowa, which
notice shall be not less than four days nor more
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.
Passed, adopted and approved this 3rd 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
of the notice to bidders hereby approved as a
part of the plans and specifications heretofore
adopted.
That the City Clerk is hereby directed to
advertise for bids for the construction of the
improvements herein provided, to be published
in a newspaper having general circulation in the
City of Dubuque, Iowa, which notice shall not be
less than four days nor more than forty-five days
prior to the receipt of said bids at 2:00 p.m. on
the 18th day of June, 2002. Bids shall be
opened and read by the City Clerk at said time
and will be submitted to the Council for final
action at 6:30 p.m. on the 1st day of July, 2002.
Passed, adopted and approved this 3rd 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.
The following item was deleted from the
Agenda: Port of Dubuque Utility Relocation and
Extension Project - Phase III, City Manager
recommending initiation of the bidding process
for the Port of Dubuque Utility Relocation and
Extension Project - Phase III and setting a
public hearing for July 1, 2002; Resolution
Preliminary approval of plans and specifications;
Resolution Fixing date of hearing on plans and
specifications; Resolution Ordering bids.
There being no further business, Buol moved
to adjourn. Seconded by Michalski. Motion
carried 7-0. The meeting adjourned at 7:49 P.M.
/s/ Jeanne F. Schneider, CMC
City Clerk
1 t 6/12
256
Regular Session, June 3, 2002
Approved:
Adopted:
2002
2002
Mayor
Council Members
Attest:
City Clerk
Special Session, June 10, 2002
257
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Special Session, June 10, 2002
At 5:00 P.M. the Council met for Dinner in the
Library Rotunda
Council met in Special Session at 5:30 P.M. in
the Library Auditorium
Present: Mayor Duggan, Council Members
Buol, Cline, Connors, Markham, Michalski,
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 acting upon such business which
may properly come before the City Council and
discuss the design of the Conference and
Education Center at the Port of Dubuque.
City Manager recommending that a public
hearing be set for June 17, 2002 to consider a
lease extension to MCClowa, L.L.C., presented
and read. Markham moved that the
communication be received and filed.
Seconded by Buol. Motion carried 7-0.
RESOLUTION NO. 300-02
A RESOLUTION OF THE CITY'S INTENT TO
GRANT A SHORT-TERM EXTENSION OF AN
EXISTING CABLE SERVICES FRANCHISE
AND AN EXISTING HUB SITE LEASE TO
MCCIOWA L.L.C.
Whereas, MCClowa, L.L.C. (Mediacom) is the
current holder of a cable services franchise,
embodied in Ordinance No. 42-81, as modified
by a series of waivers and side agreements, and
acquired from TCI of Iowa, Inc. via a transfer
approved by the Dubuque City Council on June
18, 2001; and
Whereas, one of the side agreements is a
lease to Mediacom to build and maintain a
network hub on City-owned property located at
1585 West Third Street in Dubuque; and
Whereas, the terms of the franchise and of the
lease will expire June 30, 2002; and
Whereas, representatives of the City of
Dubuque and of Mediacom have entered into
good faith negotiation of terms and conditions
for the renewal of the franchise and the lease.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque intends to
extend the term of the cable services franchise
and the term of the lease to September 30, 2002
under the same terms and conditions as
currently in effect; and
Section 2. That the City Clerk is hereby
authorized and directed to cause notices to be
published of the proposed extension in the
manner prescribed by law.
Passed, approved and adopted this 10th day
of June, 2002
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Markham moved adoption of the Resolution
and further set this matter for Public Hearing on
6/17/02 at a meeting to commence at 6:30 P.M.
in the public library auditorium and that the City
Clerk publish notice in the manner prescribed by
law. Seconded by Buol. Motion carried 7-0.
Communication from the Dubuque City
Council to Mediacom Communications
Corporation, presented and read. Michalski
moved that the communication be received and
filed and approved the communication.
Seconded by Nicholson. Motion carried 7-0.
City Manager recommending that a public
hearing be set for June 17, 2002 to consider the
First Amendment to the Lease Agreement
between the City of Dubuque and the Dubuque
County Historical Society, presented and read.
Michalski moved that the communication be
received and filed. Seconded by Nicholson.
Motion carried 7-0.
RESOLUTION NO. 301-02
RESOLUTION OF INTENT TO DISPOSE OF
AN INTEREST IN REAL PROPERTY BY FIRST
AMENDMENT TO LEASE WITH THE
DUBUQUE COUNTY HISTORICAL SOCIETY
Whereas, the City of Dubuque, Iowa (City) and
Dubuque County Historical Society (DCHS)
entered into a Lease Agreement (Lease) on
June 5, 2000 for certain real property (Demised
Premises) described in Exhibit A thereto; and
Whereas, City and DCHS desire to change the
Demised Premises in the Lease as set forth in
the First Amendment to Lease Agreement.
And Whereas, the City Council has tentatively
determined that it would be in the best interests
of the City to approve the First Amendment to
the Lease Agreement with DCHS.
NOW THEREFORE, BE IT RESOLVED BY
THE COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. The City of Dubuque intends to
dispose of its interest in the real property
described in the First Amendment to Lease
Agreement between City and DCHS.
Section 2. The City Clerk is hereby authorized
and directed to cause this Resolution and a
notice to be published as prescribed by Iowa
Code Section 364.7 of a public hearing on the
City's intent to dispose of the real property
described in the First Amendment to Lease
Agreement, to be held on the 1 yth day of June,
258
Special Session, June 10, 2002
2002, at 6:30 o'clock p.m. at the Public Library
Auditorium, 11th and Locust, Dubuque, Iowa.
Passed, approved and adopted this 10th day of
June, 2002.
Terrance M. Duggan, Mayor
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
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
with various agencies within the City. Michalski
moved to receive and file the material provided
to the Council and referred the matter to the City
Manager. Seconded by Markham. Motion
carried 7-0.
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
1 t 6/19
Approved:
2002
Adopted:
2002
Mayor
Council Members
Attest:
City Clerk
Special Session, June 12, 2002
259
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
Special Session, June 12, 2002
Council met at 5:00 p.m., City Hall Conference
Room B
Present: Mayor Duggan, Council Members
Buol, Cline, Connors, Markham, Michalski,
Nicholson, City Manager Michael Van Milligen
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.
City Manager Van Milligen left the Closed
Session at 5:45 p.m.
Council reconvened in Regular Session at
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
1 t 6/19
Approved:
2002
Adopted:
2002
Mayor
Council Members
Attest:
City Clerk
260
Special Session, June 17, 2002
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Special Session, June 17, 2002
Council met for Dinner at 5:00 P.M. in the
Library Rotunda
At 5:30 P.M. Council met in Special Session in
the Library Auditorium.
Present: Mayor Duggan, Council Members
Buol, Cline, Connors, Markham, Michalski,
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.
There being no further business, Buol moved
to adjourn. Seconded by Michalski. Motion
carried 7-0. The special session adjourned at
6:28 P.M.
/s/ Jeanne F. Schneider, CMC
City Clerk
1 t 6/26
Approved:
2002
Adopted:
2002
Mayor
Council Members
Attest:
City Clerk
Regular Session, June 17, 2002
261
DUBUQUE
CITY COUNCIL
OFFICIAL
PROCEEDINGS
City Council, Regular Session, June 17, 2002
Council met in Regular Session at 6:30 P.M. in
the Library Auditorium
Present: Mayor Duggan, Council Members
Buol, Cline, Connors, Markham, Michalski,
Nicholson, City Manager Michael Van Milligen,
Corporation Counsel Barry Lindahl.
Mayor Duggan read the call and stated this is
a regular session of the City Council called for
the purpose of acting upon such matters which
may properly come before the City Council.
Invocation was given by Reverend Merlin
Schlichting, Pastor, St. Peter Lutheran Church.
CONSENT ITEMS
Minutes Submitted: City Council of 6/3 and
6/10; Civil Service of 5/8; Electrical Code Board
of 5/20; Historic Preservation Commission of
5/16; Mechanical Board of 5/23; Park and
Recreation Commission of 5/14; Zoning Board
of Adjustment of 5/23, presented and read.
Buol moved that the minutes be received and
filed. Seconded by Markham. Motion carried 7-
o.
Proofs of publication of City Council
Proceedings for May 6 and 20, 2002; and List of
Claims and Summary of Revenues for month
ending April 30, 2002, presented and read.
Buol moved that the proofs be received and
filed. Seconded by Markham. Motion carried 7-
o.
Finance Director submitting the City of
Dubuque Financial Reports for the month ending
May 31, 2002, presented and read. Buol moved
that the communication be received and filed.
Seconded by Markham. Motion carried 7-0.
Notice of Claims/Suits: Robert Clement in
estimated amount of $145.03 for vehicle
damage; Cottingham and Butler in estimated
amount of $89.95 for vehicle damage; Jason
Duehr in estimated amount of $3,600 for vehicle
damage; Neil Kelley in estimated amount of
$10,000 for property damage; Neil Nelson in
estimated amount of $15,000 for personal injury;
Dubuque Bank and Trust vs. Richard White, City
of Dubuque, Housing Services Department,
Dupaco Community Credit Union, Appliance
Furniture Rent All and State of Iowa, presented
and read. Buol moved that the claims and suits
be referred to the Legal Staff for investigation
and report. Seconded by Markham. Motion
carried 7-0.
Corporation Counsel advising that the
following claims have been referred to Public
Entity Risk Services of Iowa, the agent for the
Iowa Communities Assurance Pool: Cottingham
and Butler (for Jeanne Heinzelman) for personal
injury; Jason Duehr for vehicle damage; and Neil
E. Kelley for property damage, presented and
read. Buol moved that the communications be
received and filed. Seconded by Markham.
Motion carried 7-0.
Corporation Counsel recommending
settlement of the claim of Marissa Schultz in the
amount of $511.40 for vehicle damage and
directing the Finance Director to issue payment,
presented and read. Buol moved that the
communication be received and filed and
approved recommendation and directed Finance
Director to issue payment. Seconded by
Markham. Motion carried 7-0.
Corporation Counsel recommending that the
claim of Cindy Frommelt for vehicle damage be
forwarded to Portzen Construction, presented
and read. Buol moved that the communication
be received and filed and concurred. Seconded
by Markham. Motion carried 7-0.
Citizen Communications: a) Communication
from Brian J. Kane expressing appreciation for
the City's efforts in controlling storm water in the
Admiral Street area; b) Communication from a
north-end citizen regarding street repair projects
in the City; c) Communication from Mary Sack,
1700 Key Way Drive, regarding the intersection
of Keyway and Pennsylvania; d) Communication
from Ken Kringle, Bluff Street Neighborhood
President, requesting permission to install
ornamental historic lighting between First,
Second and Bluff Streets, presented and read.
Buol moved that the communications be
received and filed and referred to the City
Manager. Seconded by Markham. Motion
carried 7-0.
Civil Service Commission: Civil Service
Commission submitting the certified lists for the
positions of Medical Officer and Police Officer,
presented and read.
June 6, 2002
Honorable Mayor and
Members of the City Council
In accordance with Chapter 400 of the 2001
Code of Iowa, an examination for the position of
Medical Officer was conducted on May 8, 2002.
We hereby certify that the following individuals
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
from above date.
MEDICAL OFFICER
Robert Klaas
Kevin Esser
Ed Lahey
Morgan Eitter
David Grass
Respectfully submitted,
/s/ Merle Duehr, Chairperson
/s/ Loras Kluesner,
Richard Wertzberger
Civil Service Commission
Buol moved that the above Civil Service
certification be made a matter of record.
Seconded by Markham. Motion carried 7-0.
June 6, 2002
Honorable Mayor and
Members of the City Council
In accordance with Chapter 400 of the 2001
Code of Iowa, an examination for the position of
Police Officer was given on May 4, 2002. We
hereby certify that the individuals listed on the
attached sheet have passed the written and oral
examinations and the vacancies for this position
should be made from this list and that this list is
good for two (2) years from above date.
POLICE OFFICER
Ranking
Certified Police Candidates - 33 Candidates
Date Certified: 06/06/02
1 Jessica Ottengheime
2 Keith Bakewell
3 Jason Hoerner
4 Matthew McGeough
5 Sabrina Kreyer
6 Kurt Rosenthal
7 Chad Leitzen
8 Brad Shannon
9 Joel Larkins
10 Steve Begle
11 Danielle Basten
12 Daniel Ostrander
13 Ryan Kremer
14 Jeffrey Maas
15 Anthony Huffman
16 Alan Kutsch
17 John Meserole
18 Sara Oberhoffer
19 Justin Thorsen
20 Joseph Benzschawel
21 Reid Lander
22 Sean Gallagher
23 Brian Utter
24 Ryan Hauge
25 Renee Junk
26 Michael McDowell
27 Scott Hansen
28 Bruce Deutsch
29 David Welsh
30 Christopher Gill
31 Jeremy Job
32 Natalie Rolle
33 Kim McLaughlin
Civil Service Reserve List
Established 06/06/02
Used in the Event the above
Certified list is Exhausted
34 Jeffrey Hoyne
35 Dana Silaggi
36 Arratta Znaniecki
37 Jeffrey Maxwell
38 Adam Ohnesorge
39 William Shafer
40 Eric Sisler
41 Anthony Brimeyer
42 Jolene Lex
43 Richard Rink
44 Nicholas Schlosser
45 John Conley
46 Brad Comer
47 Josh Trowbridge
48 Benjamin C. Dobson
Respectfully submitted,
/s/ Merle Duehr, Chairperson
/s/ Loras Kluesner
Richard Wertzberger
Civil Service Commission
Buol moved that the above Civil Service
certification be made a matter of record.
Seconded by Markham. Motion carried 7-0.
895 West 32nd Street - Acceptance of Deed:
Corporation Counsel recommending that the
City accept the deed for property located at 895
West 32nd for the West 32nd Street Detention
Basin Improvement Project, presented and read.
Buol moved that the communication be received
and filed. Seconded by Markham. Motion carried
7-0.
RESOLUTION NO. 302-02
ACCEPTING THE DEED TO CERTAIN REAL
ESTATE IN DUBUQUE COUNTY, IOWA FROM
KAREN D. MAURY
Whereas, the City of Dubuque entered into an
Agreement with Karen D. Maury for the
purchase of the following described real property
in Dubuque County, Iowa:
Lot 1 of Lot 6 (except the Westerly 50 feet
thereof) of Gillespie's Subdivision in the City of
Dubuque, Iowa, according to the recorded plat
thereof
And Whereas, the terms of the Agreement
have now been met.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, AS FOLLOWS:
1. The City of Dubuque hereby accepts the
Deed from Karen D. Maury, a copy of which is
attached hereto.
Regular Session, June 17, 2002
263
2. The City Clerk is hereby authorized and
directed to record this Resolution and the Deed
with the Dubuque County Recorder.
Passed, approved and adopted this 1 yth day of
June, 2002.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
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
Agreement between the Police Department and
the Iowa Alcoholic Beverages Division for the
Cops in Shops program, presented and read.
Buol moved that the communication be received
and filed and approved recommendation.
Seconded by Markham. Motion carried 7-0.
Fiscal Year 2003 Annual Action Plan: City
Manager recommending approval of a proposed
change to the City's Community Development
Block Grant Fiscal Year 2003 Annual Action
Plan to provide additional funding for the
Washington Neighborhood Tool Library,
presented and read. Buol moved that the
communication be received and filed. Seconded
by Markham. Motion carried 7-0.
RESOLUTION NO. 303-02
RESOLUTION APPROVING AMENDMENT 1
TO THE FISCAL YEAR 2003 (PROGRAM
YEAR 2002) ANNUAL ACTION PLAN FOR
COMMUNITY DEVELOPMENT BLOCK
GRANT FUNDS.
Whereas, the City of Dubuque has prepared
and filed with the U.S. Department of Housing
and Urban Development an Annual Plan for
Fiscal Year 2003 (Program Year 2002), and
Whereas, the City now desires to amend said
FY 2003 Annual Plan to allocate funds as per
the attached Exhibit A; and
Whereas, said amendment is a non-
substantial amendment as provided in the City's
Citizen Participation Plan and must therefore be
approved by resolution of the City Council after
review by the Community Development Advisory
Commission; and
Whereas, the Community Development
Advisory Commission reviewed the proposed
amendment on June 5, 2002 and voted to
approve said amendment and to recommend
approval by the City Council.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Amendment 1 to the Fiscal
Year 2003 (Program Year 2002 Annual Plan for
the Community Development Block Grant
(CDBG) program hereto attached as Exhibit A is
hereby approved.
Section 2. That the City Manager is hereby
authorized and directed to submit a copy of this
resolution to the U. S. Department of Housing
and Urban Development.
Passed, approved and adopted this 17th day
of June 2002.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0.
Purchase of Service Agreement - Operation:
New View Community Action Agency for
Washington Neighborhood Tool Library: City
Manager recommending approval of a Purchase
of Service Agreement with Operation: New View
Community Action Agency for operation of the
Washington Neighborhood Tool Library,
presented and read. Buol moved that the
communication be received and filed and
approved recommendation. Seconded by
Markham. Motion carried 7-0.
Vista Heights 2nd Addition - Final Plat: Zoning
Advisory Commission recommending approval
of the final plat of Vista Heights 2nd Addition in
Dubuque County as requested by Frank and
Marilyn Ehrlich and Donald Skelton, presented
and read. Buol moved that the communication
be received and filed. Seconded by Markham.
Motion carried 7-0.
RESOLUTION NO. 304-02
RESOLUTION APPROVING THE FINAL PLAT
OF VISTA HEIGHTS 2ND ADDITION IN
DUBUQUE COUNTY, IOWA
Whereas, there has been filed with the City
Clerk's Office a final plat of Vista Heights 2nd
Addition in Dubuque County, Iowa; and
Whereas, said plat has been examined by the
Zoning Advisory Commission and had its
approval endorsed thereon; and
Whereas, said plat has been examined by the
City Council and they find that it conforms to the
statutes and ordinances relating thereto.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the final plat of Vista Heights
2nd Addition is hereby approved and the Mayor
and City Clerk are hereby authorized and
directed to endorse the approval of the City of
Dubuque, Iowa upon said plat.
Section 2. That the City Council hereby waives
Article IV, Design and Improvement Standards
of the Subdivision Regulations, except Section
42-19, Lots and Blocks.
Passed, approved and adopted this 17th day
of June 2002.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
264
Regular Session, June 17, 2002
Buol moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0.
Harbor View Place - Certificate of Completion:
City Manager recommending issuance of a
Certificate of Completion to Harbor View
Development LLC, the Developer of the Harbor
View Place Project at 300 Main Street,
presented and read. Buol moved that the
communication be received and filed and
approved recommendation. Seconded by
Markham. Motion carried 7-0.
Request for Qualifications - Brewery Property:
City Manager recommending approval of the
issuance of a Request for Qualifications to solicit
qualified developers or development teams for
the redevelopment of the former Dubuque Star
Brewery Building in the Port of Dubuque,
presented and read. Buol moved that the
communication be received and filed and
approved recommendation. Seconded by
Markham. Motion carried 7-0.
Bell and Fifth Streets - Iowa Department of
Transportation Agreement: City Manager
recommending approval of an agreement
between the City of Dubuque and the Iowa
Department of Transportation (lOOT) for
financial assistance relating to the construction,
landscaping, and amenities of Bell Street and
Fifth Street, presented and read. Buol moved
that the communication be received and filed.
Seconded by Markham. Motion carried 7-0.
RESOLUTION NO. 305-02
RESOLUTION APPROVING THE AGREE-
MENT BETWEEN THE CITY OF DUBUQUE
AND THE IOWA DEPARTMENT OF
TRANSPORTATION FOR THE BELL STREET
AND FIFTH STREET CONSTRUCTION
Whereas, the City and the Iowa Department of
Transportation propose to finance the
construction and landscaping of the Fifth Street
area from Bell Street to the easterly end and Bell
Street from Fifth Street to the northerly end.
Whereas, the Iowa Department of
Transportation has prepared a cooperative
agreement between the City of Dubuque and the
Iowa Department of Transportation for Federal
STP funding on the Bell Street and Fifth Street
Construction.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the agreement between the
City of Dubuque and the Iowa Department of
Transportation for the Bell Street and Fifth Street
Construction be approved.
Section 2. That the Mayor be authorized and
directed to execute two copies of the agreement
between the City of Dubuque and the Iowa
Department of Transportation.
Passed, adopted and approved this 1 yth day
of June, 2002.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0.
Jackson and Locust Streets - Iowa Department
of Transportation Agreement: City Manager
recommending approval of an agreement
between the City of Dubuque and the Iowa
Department of Transportation (lOOT) for
financial assistance relating to the resurfacing of
Jackson Street and West Locust Street,
presented and read. Buol moved that the
communication be received and filed. Seconded
by Markham. Motion carried 7-0.
RESOLUTION NO. 306-02
RESOLUTION APPROVING THE AGREE-
MENT BETWEEN THE CITY OF DUBUQUE
AND THE IOWA DEPARTMENT OF TRANS-
PORTATION FOR THE JACKSON STREET
AND WEST LOCUST STREET RESURFACING
Whereas, the City and the Iowa Department of
Transportation propose to finance the
resurfacing of Jackson Street from 22nd to 30th
Street and West Locust Street from 1 yth to
Clarke Drive; and
Whereas, the Iowa Department of
Transportation has prepared a cooperative
agreement between the City of Dubuque and the
Iowa Department of Transportation for Federal
STP funding on the improvements of Jackson
Street and West Locust Street.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the agreement between the
City of Dubuque and the Iowa Department of
Transportation for the Jackson Street and West
Locust Street be approved.
Section 2. That the Mayor be authorized and
directed to execute two copies of the agreement
between the City of Dubuque and the Iowa
Department of Transportation.
Passed, adopted and approved this 17th day
of June, 2002.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0.
2002 Local Law Enforcement Block Grant
Application: City Manager recommending
approval of the 2002 Local Law Enforcement
Block Grant application to the Bureau of Justice
Assistance, presented and read. Buol moved
that the communication be received and filed
Regular Session, June 17, 2002
265
and approved recommendation. Seconded by
Markham. Motion carried 7-0.
City of Dubuque Representation: Commu-
nication from Corporation Counsel regarding the
issue of conflict of interest and the City's legal
representation, presented and read. Buol moved
that the communication be received and filed
and approved. Seconded by Markham. Motion
carried 7-0.
Iowa Utilities Board: Communication of City
Manager Michael C. Van Milligen to the Iowa
Utilities Board regarding the electric rate
increase request of Interstate Power and Light
Company (Alliant Energy Company), presented
and read. Buol moved that the communication
be received and filed. Seconded by Markham.
Motion carried 7-0.
City Manager Employment Agreement:
Submittal of the Eleventh Amendment to the City
Manager's Employment Agreement for approval,
presented and read. Buol moved that the
communication be received and filed and
approved Agreement Amendment. Seconded
by Markham. Motion carried 7-0.
Dubuque County Historical Society:
Communication from the Dubuque County
Historical Society requesting that the City
sponsor a grant application to the National
Scenic Byways Program in the amount of
$475,500 to improve the exhibits at the Fred W.
Woodward Riverboat Museum, presented and
read. Buol moved that the communication be
received and filed and approved request.
Seconded by Markham. Motion carried 7-0.
Aquila: Communication from Marvin Oppedal,
Director of Community Relations for Aquila,
advising of a rate increase request filed on June
3, 2002 with the Iowa Utilities Board, presented
and read. Buol moved that the communication
be received and filed. Seconded by Markham.
Motion carried 7-0.
Business Licenses:
RESOLUTION NO. 307-02
THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
That the following having complied with the
provisions of law relating to the sale of
Cigarettes within the City of Dubuque, Iowa, be
granted a permit to sell Cigarettes and Cigarette
Papers within said City
8 RENEWALS
B'Z Dart Inn
Bernice Bauer
431 Rhomberg Ave
Cue Master Billiards
900 Central Ave
Clark Retail Enterp
700 Rhomberg Ave
Cindy Oliver
555 JFK Rd.
Richard Hirsch III
1121 University Ave
Hammerheads Bar/Billiards Hammerheads Inc.
2095 Kerper Blvd
Hy-Vee, Inc
3500 Dodge St
Jymie Lyons
1700 Central Ave
Passed, approved and adopted this 1 yth day
of June, 2002.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0.
Marvin J. Rapp
Clark # 2354
Dubuque Mining Company
Fat Tuesday's
Hy-Vee # 1
Jym's Bar
RESOLUTION NO. 308-02
BEER
Whereas, applications for Beer Permits have
been submitted and filed to this Council for
approval and the same have been examined
and approved: and Whereas, the premises to
be occupied by such applicants were inspected
and found to comply with the Ordinances of the
City and have filed proper bonds.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Manager be authorized to cause to be
issued the following named applicants a Beer
Permit.
CLASS "B" BEER PERMIT
Prospect Pizza Ltd Pizza Hut+
(Sunday Sale) 2075 JFK Rd
Prospect Pizza Ltd Pizza Hut+
(Sunday Sale) 320 E 20th St
CLASS "C" BEER PERMIT
Rainbo Oil Com Kwik Stop Food Mart+
(Sunday Sale) 1401 Central Ave
CLASS "B" (SPECIAL EVENT 5-DAY EVENT)
Dubuque Jaycees Dubuque Jaycees +
(Outdoor Sale-A) Washington Park
Dubuque Jaycees Dubuque Jaycees+
(Outdoor Sale-B) Washington Park
Dubuque Jaycees Dubuque Jaycees+
(Outdoor Sale-C) Washington Park
Passed, approved and adopted this 17th day
of June, 2002.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0.
RESOLUTION NO. 309-02
Whereas, applications for Liquor Licenses
have been submitted to this Council for approval
and the same have been examined and
approved; and
266
Regular Session, June 17, 2002
Whereas, the premises to be occupied by such
applicants were inspected and found to comply
with the State Laws and all City Ordinances
relevant thereto and they have filed proper
bonds.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Manager be authorized to cause to be
issued the following named applicants a Liquor
License.
CLASS"C" BEER/LIQUOR LICENSE
Plastic Center, Inc. Fischer Lanes+
(Sunday Sale) 880 Locust St
Bernice Bauer B'Z Dart Inn+
(Sunday Sale) 431 Rhomberg Ave
Tom Koch, Inc Paul's Tavern+
(Sunday Sale) 176 Locust St
Dubuque Post No.6 American Legion # 6+
(Sunday Sale) 1306 Delhi St
Curtis Gerhard Knicker's Saloon+
(Sunday Sale) 2186 Central Ave
CLASS "B" WINE
Creative Touch Gallery Inc. Ooh La La
3460 Hillcrest Rd
Passed, approved and adopted this 1 yth day of
June, 2002.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Buol moved adoption of the Resolution.
Seconded by Markham. Motion carried 7-0.
BOARDS/COMMISSIONS
Applicants are invited to address the Council
to express their desire to serve on the following
Boards/Commissions:
LONG RANGE PLANNING ADVISORY
COMMISSION: (Two 3-years terms to expire
7/1/05 - terms of Portzen and Rusk).
Applicants: Michael E. Portzen, David Rusk.
Mr. Rusk spoke requesting consideration for
appointment. Mr. Portzen had conveyed he
could not attend the meeting.
PARK AND RECREATION COMMISSION:
(Two 3-year terms to expire 6/30/05 - terms of
Blocklinger and Schrobilgen): Applicants:
Robert J. Blocker, Tom Blocklinger, Danita L.
Galdick, Tom Schrobilgen. Mr. Blocker, Ms.
Galdick, and Mr. Schrobilgen spoke requesting
consideration for appointment.
ZONING ADVISORY COMMISSION: (Three
3-year terms to expire 7/1/05 - terms of Christ,
Schiltz, Smith). Applicants: Martha E. Christ,
Ferd Nesler, Richard J. Schiltz, Ron Smith.
Martha Christ and Ron Smith both spoke
requesting consideration for appointment.
Richard Schiltz had conveyed he could not be in
attendance.
ZONING BOARD OF ADJUSTMENT: (One 5-
year term to expire 3/25/07 - term of Beeler)
Applicant: William J. Felderman. No one spoke.
Appointments to the following Commissions:
ELECTRICAL CODE BOARD (Five 3-year
terms/Five vacancies): Applicants: James
Dixon, Dan Hammel, Kevin Pfohl, David A.
Pregler, Elaine L. Reiss. Michalski moved that
Mr. Dixon, Mr. Hammel, Mr. Pfohl, Mr. Pregler,
and Ms. Reiss all be reappointed to three year
terms to expire 5/21/05. Seconded by Cline.
Motion carried 7-0.
ENVIRONMENTAL STEWARDSHIP ADVI-
SORY COMMISSION: (One 1-year youth term)
Applicant: Michael Hirsch. Michalski moved that
Mr. Hirsch be appointed to the one year term
which will expire 6/1/03. Seconded by Connors.
Motion carried 7-0.
PUBLIC HEARINGS
Michalski moved that the rules be suspended
to allow anyone present to address the Council if
they so desire. Seconded by Nicholson. Motion
carried 7-0.
University of Dubuque - Request to Rezone:
Proof of publication on notice of hearing to
consider rezoning property located on the north
side of U.S. Highway 20, 300 feet east of Devon
Drive from PC Planned Commercial District to 10
Institutional District to allow construction of a
new soccer field and parking lot and Zoning
Advisory Commission recommending approval,
presented and read. Buol moved that the proof
be received and filed. Seconded by Markham.
Motion carried 7-0.
Tracy Wagner, 256 S. Grandview, spoke in
support of the request and clarified various
points. Dennis Waugh of IIW, and Alan Burr,
256 S. Grandview, were present to answer any
questions.
An Ordinance Amending Appendix A (the
Zoning Ordinance) of the City of Dubuque Code
of Ordinances by reclassifying hereinafter
described property located north of Dodge
Street between Devon Drive and Collins Street
from PUD Planned Unit Development District
with a PC Planned Commercial Designation to
10 Institutional District and approving an
amended Conceptual Development Plan for the
University of Dubuque, presented and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 48-02
AN ORDINANCE AMENDING APPENDIX A
(THE ZONING ORDINANCE) OF THE CITY OF
DUBUQUE CODE OF ORDINANCES BY
RECLASSIFYING HEREINAFTER DESCRI-
BED PROPERTY LOCATED NORTH OF
DODGE STREET BETWEEN DEVON DRIVE
AND COLLINS STREET FROM PUD
PLANNED UNIT DEVELOPMENT DISTRICT
WITH A PC PLANNED COMMERCIAL
Regular Session, June 17, 2002
267
DESIGNATION TO ID INSTITUTIONAL
DISTRICT AND APPROVING AN AMENDED
CONCEPTUAL DEVELOPMENT PLAN FOR
THE UNIVERSITY OF DUBUQUE.
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Appendix A (the Zoning
Ordinance) of the City of Dubuque Code of
Ordinances be amended by reclassifying the
hereinafter described property from PUD
Planned Unit Development District with a PC
Planned Commercial designation to 10
Institutional District and approving an amended
conceptual development plan for the University
of Dubuque, a copy of which is attached to and
made a part hereof, to wit:
That portion of Lot 1-1 of Steffen's Place except
the west 120 feet as described hereto:
Commencing at the southeast corner of Lot 2-1-
1-1 of Clarence Polfer Place, the point of
beginning: Thence northerly along the east line
of said Lot 2-1-1-1 to the to the south corner of
Lot 2-3, Block IX of Steger Heights; thence
northerly along the east line of Block IX of
Steger Heights to the southwest corner of Lot 2-
1 of Steffen's Place; thence easterly along the
south line of said Lot 2-1 of Steffen's Place;
thence easterly along the south line of said Lot
2-1 to the southeast corner of Lot 2-1, thence
northerly along the east line of said Lot 2-1 and
Lot 2 a distance of 227 feet; thence easterly 707
feet to the west boundary of the existing PR
District, thence southerly along the west
boundary of said PR district to the lOOT right-of-
way for U.S. Highway 20, thence westerly along
the lOOT right-of-way to the southeast corner of
Lot 2-1-1-1 of Clarence Polfer Place, the point of
beginning.
Section 2. That pursuant to Iowa Code Section
414.5(1993) and as an express condition of
amending the University of Dubuque Institutional
District, the undersigned property owner(s)
agree(s) to the following conditions, all of which
the property owner(s) further agree(s) are
reasonable and imposed to satisfy the public
needs that are caused directly by the zoning
reclassification:
A. Use Requlations.
The following regulations shall apply
to all uses made of land in the above-
described 10 Institutional District:
1) Principal permitted uses shall be
limited to:
a) Colleges and universities (45)
b) Vocational Schools (45)
c) Seminaries (45)
d) Offices for administrative personnel or
other institutional employees and affiliates (14)
e) Churches (7), libraries, and museums (13)
f) Classrooms, laboratories, lecture halls, and
similar places of institutional assembly (45)
g) Off-street parking and loading (NA)
h) Recreational or athletic facilities for the
primary use and benefit of institutional
residents or affiliates (7)
i) Single-family, two family (11) or multi-family
dwellings for the housing of institutional
residents or affiliates (9)
2) Accessory Uses. The following uses shall
be permitted as accessory uses in the above-
described 10 Institutional District:
a) Located entirely within a principal building,
bookstores, or bars seating not more than
seventy-five (75) persons at one time and
located not closer than two hundred feet (200')
from the nearest Residential or Office
Residential District.
b) All uses customarily incidental to the
principal permitted uses in conjunction with
which such accessory uses operated or
maintained, but not to include commercial use
outside the principal building.
3) No conditional uses shall be allowed.
B. Lot and Bulk Requlations.
Development of land in the 10 Institutional
District shall be regulated as follows:
1) The proposed soccer field and parking lot
shall be located in substantial conformance with
the attached conceptual development plan and
all final site development plans are to be
approved in accordance with provisions of the 10
Institutional District regulations.
C. Performance Standards
The development and maintenance of uses in
this 10 Institutional District shall be established
in conformance with Section 3-5.2 of the Zoning
Ordinance and the following standards:
1) The proposed parking lot providing a
minimum of 44 spaces shall be constructed
when funds are available. Interim parking shall
be provided at Chalmer's Field.
2) New outdoor lighting for the proposed
soccer field and parking lot shall be designed to
minimize impact to residential properties.
3) Landscaping shall be provided in
compliance with Section 4.4 of the Zoning
Ordinance.
4) All utilities including telephone and cable
television shall be installed underground.
5) Final site development plans shall be
submitted in accordance with Section 4.4 of the
Zoning Ordinance.
D. Parkinq Requirements
The off-street parking requirements for the
principal permitted uses for the herein described
10 Institutional District shall be designated by a
bracket enclosed number next to the use, as
herein described:
(9) 1.5 spaces for each dwelling unit
(11) Two spaces for each dwelling unit
(14) One space for each four hundred
square feet devoted to office use or one space
268
Regular Session, June 17, 2002
for each employee on the maximum shift,
whichever is greater.
(7) One space for each four permanent seats.
(13) One space for each five hundred square
feet of floor area accessible to the general
public.
(45) Dormitories - one space for each bed
Gymnasiums - one space for each six
permanent seats
Employees - 75 spaces for each employee on
the maximum shift
E. Open Space and Recreational Areas
Those areas not designated on the conceptual
development plan for development shall be
maintained as open space, as defined by
Section 8 of the Zoning Ordinance by the
property owner and/or association.
F. Siqn Requlations
The sign regulations shall be the same as that
which are allowed in the 10 Institutional District
as established in Section 4-3.11 of the Zoning
Ordinance.
G. Additional Standards
1) The conceptual development plan shall be
valid for a period of five (5) years provided final
site development plan is submitted within two (2)
years from the date of approval.
2) That all previously approved conceptual
development plans are hereby amended to allow
for the attached conceptual development plan.
H. Transfer of Ownership
Transfer of ownership or lease of property in
this 10 Institutional District shall include the
transfer or lease agreement a provision that the
purchaser or lessee acknowledges awareness
of the conditions authorizing the establishment
of the district.
I. Modifications
Any modifications of this Ordinance must be
approved by the City Council in accordance with
zoning reclassification proceedings of Section 6
of the Zoning Ordinance.
J. Recordinq
A copy of this ordinance shall be recorded at
the expense of the property owner(s) with the
Dubuque County Recorder as a permanent
record of the conditions accepted as part of this
reclassification approval within ten (10) days of
the adoption of this ordinance. This ordinance
shall be binding upon the undersigned and all
his/her heirs, successors and assignees.
Section 3. That the foregoing amendment has
heretofore been reviewed by the Zoning
Commission of the City of Dubuque, Iowa.
Section 4. That the foregoing amendment
shall take effect upon publication, as provided by
law.
Passed, approved, and adopted this 17th day of
June 2002.
Terrance M. Duggan, Mayor
ATTEST: Jeanne Schneider, City Clerk
ACCEPTANCE OF ORDINANCE NO. 48-02
I, Reverend Jeffery F. Bullock, President,
University of Dubuque, having read the terms
and conditions of the foregoing Ordinance No.
48-02 and being familiar with the conditions
thereof, hereby accept the same and agree to
the conditions required therein.
Dated this 2nd day of July, 2002.
By: /s/ Jeffrey F. Bullock
Reverend Jeffrey F. Bullock
President, University of Dubuque
Published officially in the Telegraph Herald
newspaper this 31st day of July, 2002.
Jeanne F. Schneider, City Clerk
1 t 7/31
Buol moved that the requirement that a
proposed Ordinance be considered and voted
on for passage at two Council Meetings prior to
the meeting at which it is to be finally passed be
suspended and further moved final
consideration and passage of the Ordinance.
Seconded by Markham. Motion carried 7-0.
Michalski moved to remove the following from
the table. Seconded by Nicholson. Motion
carried 7-0.
Randy Davis - 840 Roosevelt Street -
Request to Rezone (Tabled on 4/15/02) Proof of
publication on notice of hearing to consider
rezoning property located at 840 Roosevelt
Street from R-1 Single Family Residential
District to CS Commercial Service and
Wholesale District at the request of Randy Davis
and Zoning Advisory Commission
recommending denial, and an Ordinance
Amending Appendix A (the Zoning Ordinance) of
the City of Dubuque Code of Ordinances by
reclassifying property located at 840 Roosevelt
Street from R-1 Single Family Residential
District to CS Commercial Service and
Wholesale District, presented and read.
Michalski moved to table this matter
indefinitely. Seconded by Nicholson. Vote on
the motion was as follows: Yeas-Duggan,
Markham, Michalski. Nays-Buol, Cline,
Connors, Nicholson. Motion failed 3-4.
Nicholson moved to concur with the
recommended denial. Seconded by Cline.
Carried by the following vote: Yeas-Buol,
Cline, Connors, Nicholson. Nays-Duggan,
Markham, Michalski.
South Fork Sanitary Sewer - Phase III
Connection Fees: Proof of publication on notice
of hearing to consider an ordinance to establish
the South Fork Sanitary Sewer Project - Phase
III schedule of connection fees and City
Manager recommending approval, presented
and read. Markham moved that the proof and
communication be received and filed. Seconded
by Nicholson. Motion carried 7-0.
Tom Hinz, 14277 Green Hill Drive, as a
representative of the Barrington Lakes Assn.,
Regular Session, June 17, 2002
269
spoke objecting to the possibility of the City
running the sewer to this area, and noted that
the letter was unclear.
An Ordinance Establishing a schedule of
sewer connection fees for the connection of
property to the South Fork Sanitary Sewer
Project - Phase III, presented and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 49-02
AN ORDINANCE ESTABLISHING A SCHED-
ULE OF SEWER CONNECTION FEES FOR
THE CONNECTION OF PROPERTY TO THE
SOUTH FORK SANITARY SEWER PROJECT
- PHASE III
Whereas, after full consideration of the
schedule of sanitary sewer connection fees
proposed to be made for the South Fork
Sanitary Sewer Project - Phase III, which
schedule of connection fees was filed in the
office of the City Clerk on the 20th day of May,
2002; and
Whereas, the City Council has determined that
the amounts shown on said schedule are proper
and are in proportion to the benefits conferred;
and
Whereas, the City Council further finds that the
schedule of sewer connection fees for the South
Fork Sanitary Sewer Project - Phase III be
approved and adopted.
NOW THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. There is hereby established a
schedule of sewer connection fees for the South
Fork Sanitary Sewer Project - Phase III for the
connection of property to said City sewer.
Section 2. Each property owner whose
property will be served by connection to said
City sewer shall pay a sewer connection fee to
the City, as shown on the schedule of sewer
connection fees attached hereto.
Section 3. Such connection fee shall be due
and payable when a sewer connection
application is filed with the City. All fees
collected under this Ordinance shall be paid to
the City Treasurer.
Section 4. The City Clerk is hereby authorized
and directed to certify a copy of this Ordinance
for recording in the office of the Dubuque County
Recorder.
Passed, adopted and approved this 17th day
of June, 2002.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Published officially in the Telegraph Herald
newspaper this 24th day of June, 2002.
Jeanne F. Schneider, City Clerk
1t 6/24
Markham moved that the requirement that a
proposed Ordinance be considered and voted
on for passage at two Council Meetings prior to
the meeting at which it is to be finally passed be
suspended and further moved final
consideration and passage of the Ordinance.
Seconded by Nicholson. Motion carried 7-0.
Cable Franchise Lease Extension: Proof of
publication on notice of hearing and City
Manager recommending that the existing cable
services franchise and an existing hub site lease
agreement with MCClowa, L.L.C. be extended
to September 30, 2002, presented and read.
Buol moved that the proof be received and filed.
Seconded by Nicholson. Motion carried 7-0.
An Ordinance Extending the term of the
existing cable franchise agreement and hub site
lease of MCClowa, L.L.C. to September 30,
2002, presented and read.
OFFICIAL PUBLICATION
ORDINANCE NO. 50-02
AN ORDINANCE EXTENDING THE TERM OF
THE EXISTING CABLE FRANCHISE AGREE-
MENT AND HUB SITE LEASE OF MCCIOWA,
L.L.C. TO SEPTEMBER 30, 2002.
Whereas, MCClowa, L.L.C. (Mediacom) is the
current holder of a cable services franchise,
embodied in Ordinance No. 42-81, as modified
by a series of waivers and side agreements, and
acquired from TCI of Iowa, Inc. via a transfer
approved by the Dubuque City Council on June
18, 2001; and
Whereas, one of the side agreements is a
lease to Mediacom to build and maintain a
network hub on City-owned property located at
1585 West Third Street in Dubuque; and
Whereas, the terms of the franchise and of the
lease will expire June 30, 2002; and
Whereas, representatives of the City of
Dubuque and of Mediacom have entered into
good faith negotiation of terms and conditions
for the renewal of the franchise and the lease.
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The term of the cable services
franchise and the term of the lease are hereby
extended to September 30, 2002, with all the
rights, privileges and responsibilities
appertaining thereunto; and
Section 2. The City Manager is hereby
authorized to sign and administer the extension
agreement on behalf of the City of Dubuque.
Passed, approved and adopted this 17th day
of June, 2002.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Published officially in the Telegraph Herald
newspaper this 24th day of June, 2002.
Jeanne F. Schneider, City Clerk
1t 6/24
270
Regular Session, June 17, 2002
Buol moved that the requirement that a
proposed Ordinance be considered and voted
on for passage at two Council Meetings prior to
the meeting at which it is to be finally passed be
suspended and further moved final
consideration and passage of the Ordinance.
Seconded by Nicholson. Motion carried 7-0.
Dubuque County Historical Society: Proof of
publication on notice of hearing and City
Manager recommending approval of the First
Amendment to the Lease Agreement between
the City of Dubuque and the Dubuque County
Historical Society, presented and read.
Michalski moved that the proof and
communication be received and filed. Seconded
by Connors. Motion carried 7-0.
RESOLUTION NO. 310-02
RESOLUTION DISPOSING OF AN INTEREST
IN REAL PROPERTY BY FIRST AMENDMENT
TO LEASE WITH THE DUBUQUE COUNTY
HISTORICAL SOCIETY
WHEREAS, the City of Dubuque, Iowa (City)
and Dubuque County Historical Society (DCHS)
entered into a Lease Agreement (Lease) on
June 5, 2000 for certain real property (Demised
Premises) described in Exhibit A thereto; and
WHEREAS, City and DCHS desire to change
the Demised Premises in the Lease as set forth
in the First Amendment to Lease Agreement
attached hereto; and
WHEREAS, on June 17, 2002, the City Council
pursuant to notice published as required by law
held a public hearing on its intent to dispose of the
foregoing interest in real property and overruled all
objections thereto;
AND WHEREAS, the City Council finds that it is
in the best interest of the City to approve the
disposition of such real property.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council of the City of
Dubuque, Iowa, approves the First Amendment to
Lease Agreement attached hereto and the Mayor
is hereby authorized and directed to sign this
Resolution and the First Amendment to Lease
Agreement.
Passed, approved and adopted this 1 yth day of
June, 2002.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the Resolution.
Seconded by Connors. Motion carried 7-0.
Woodward Museum Renovations Project:
Proofs of publication on notice of hearing on
plans and specifications and notice to bidders on
the receipt of bids, and City Manager
recommending award of three of the six
components for the Woodward Museum
Renovations Project and that the remaining
three components be rejected, a Resolution
Adopting plans and specifications for the project
and Resolutions Awarding contract to
Renaissance Restoration, Inc., Rafoth Sheet
Metal, Inc., and Simplex Grinnell, Inc., presented
and read.
Mr. Don Meek, of Technical Specialty Systems
Corp. in Cedar Rapids, spoke objecting to the
bid information process. Jeff Jackson, of Alan
Jackson Tuckpointing, spoke requesting that all
bids be thrown out, citing the bid bond form as
being unclear.
Cline moved to receive and file the
communications and adopt the Resolutions.
Seconded by Buol. Vote on the motion was as
follows: Yeas-Buol, Michalski. Nays-
Nicholson, Cline, Connors, Duggan, Markham.
Motion failed 2-5.
Nicholson moved to reject all bids and call for
rebidding the project as soon as possible.
Seconded by Markham. Carried by the following
vote: Yeas-Buol, Cline, Connors, Duggan,
Markham, Nicholson. Nays-Michalski.
Buol moved to reinstate the rules limiting
discussion to the Council. Seconded by
Nicholson. Motion carried 7-0.
ACTION ITEMS
Penalties for Tobacco Permit Holders: Council
consideration of assessing civil penalties against
nine tobacco permit holders, and the appeals
against the Liquor Depot and McCann's lOCO to
be tabled pending legal action, presented and
read. Markham moved that the penalties be
assessed for the tobacco permit holders and to
table consideration of the appeals against the
Liquor Depot to July 1, 2002, and McCann's
lOCO pending outcome of legal action.
Seconded by Michalski. Motion carried 7-0.
45 West 13th Street - Request for Demolition
Permit: Historic Preservation Commission
recommending approval of a request from
Dubuque Bank and Trust to demolish a structure
located at 45 West 13th Street to provide parking
for the planned rehabilitation of the Bell Block
and Ziepprecht Buildings (former Walsh Store),
and communication from the State Historical
Society of Iowa advising that the structure
located at 45 West 13th Street does not possess
architectural or historical attributes that would
qualify it for listing in the National Register of
Historic Places, presented and read.
Nicholson moved that the communications be
received and filed and approved demolition.
Seconded by Connors. Motion carried 7-0.
1300-1322
Demolition
Iowa
Permit:
Street -
Historic
Request for
Preservation
Regular Session, June 17, 2002
271
Commission recommending approval of a
request from Dubuque Bank and Trust to
demolish a structure located at 1300 - 1322
Iowa Street (True Value) to provide parking for
the planned rehabilitation of the Bell Block and
Ziepprecht Buildings (former Walsh Store) and
communication from the State Historical Society
of Iowa advising that the structure located at
1300 - 1322 Iowa Street does not possess
architectural or historical attributes that would
qualify it for listing in the National Register of
Historic Places, presented and read. Nicholson
moved that the communications be received and
filed and approved demolition. Seconded by
Connors. Motion carried 7-0.
Transmission Pole Relocation: City Manager
recommending approval of the relocation of a
major lattice structure transmission pole to thirty
feet north of its current location in the Port of
Dubuque to allow construction of the Bell Street
Extension and the reconstruction of Pine Street,
presented and read. Michalski moved to table
action on this matter. Seconded by Buol.
Motion carried 7-0.
Convention and Visitors Bureau:
Communication from the Convention and
Visitors Bureau requesting that a second City
Council Member be appointed to the Convention
and Visitors Bureau Advisory Board, presented
and read. Cline moved that the communication
be received and filed and confirmed Joyce
Connors as the second Council appointee.
Seconded by Michalski. Motion carried 7-0.
COUNCIL MEMBER REPORTS
Markham requested an update on the Fengler
Street Overpass Project. Nicholson reported
that he had been asked to go on a Boss Lift to
Norfolk. Cline requested an update on the NW
Arterial Construction project.
ITEMS TO BE SET FOR PUBLIC HEARING
2002 Curb Ramp Installation - CDBG Project:
City Manager recommending initiation of the
bidding process for the 2002 Curb Ramp
Installation - CDBG Project I and setting a
public hearing for July 15, 2002, presented and
read. Michalski moved that the communication
be received and filed. Seconded by Nicholson.
Motion carried 7-0.
RESOLUTION NO. 311-02
PRELIMINARY APPROVAL OF
PLANS AND SPECIFICATIONS
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed plans, specifications, form
of contract and estimated cost for the 2002 Curb
Ramp Installation - CDBG Project I in the
estimated amount of $32,573.75, are hereby
approved and ordered filed in the office of the
City Clerk for public inspection.
Passed, adopted and approved this 17th day
of June, 2002.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
RESOLUTION NO. 312-02
FIXING DATE OF HEARING
ON PLANS AND SPECIFICATIONS
Whereas, the City Council of the City of
Dubuque, Iowa has given its preliminary
approval on the proposed plans, specifications,
and form of contract and placed same on file in
the office of the City Clerk for public inspection
of the 2002 Curb Ramp Installation - CDBG
Project I.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That on the 15th day of July, 2002, a public
hearing will be held at 6:30 p.m. in the Public
Library Auditorium at which time interested
persons may appear and be heard for or against
the proposed plans and specifications, form of
contract and cost of said improvement, and the
City Clerk be and is hereby directed to cause a
notice of time and place of such hearing to be
published in a newspaper having general
circulation in the City of Dubuque, Iowa, which
notice shall be not less than four days nor more
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.
Passed, adopted and approved this 17th day
of June, 2002.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
RESOLUTION NO. 313-02
ORDERING BIDS
NOW THEREFORE, BE IT RESOLVED BY
THE COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
That the 2002 Curb Ramp Installation - CDBG
Project I 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
of the notice to bidders hereby approved as a
272
Regular Session, June 17, 2002
part of the plans and specifications heretofore
adopted.
That the City Clerk is hereby directed to
advertise for bids for the construction of the
improvements herein provided, to be published
in a newspaper having general circulation in the
City of Dubuque, Iowa, which notice shall not be
less than four days nor more than forty-five days
prior to the receipt of said bids at 2:00 p.m. on
the 2nd day of July, 2002. Bids shall be opened
and read by the City Clerk at said time and will
be submitted to the Council for final action at
6:30 p.m. on the 15th day of July, 2002.
Passed, adopted and approved this 17th day
of June, 2002.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
2002 Maintenance Dredging Project - Ice
Harbor Flood Control Gate Structure: City
Manager recommending initiation of the bidding
process for the Ice Harbor Flood Control Gate
Structure - 2002 Maintenance Dredging Project
and setting a public hearing for July 15, 2002,
presented and read. Michalski moved that the
communication be received and filed. Seconded
by Nicholson. Motion carried 7-0.
RESOLUTION NO. 314-02
PRELIMINARY APPROVAL OF
PLANS AND SPECIFICATIONS
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed plans, specifications, form
of contract and estimated cost for the 2002
Maintenance Dredging Project - Ice Harbor
Flood Control Gate Structure in the estimated
amount $113,500.00 are hereby approved and
ordered filed in the office of the City Clerk for
public inspection.
Passed, adopted and approved this 17th day
of June, 2002.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
RESOLUTION NO. 315-02
FIXING DATE OF HEARING
ON PLANS AND SPECIFICATIONS
Whereas, the City Council of the City of
Dubuque, Iowa has given its preliminary
approval on the proposed plans, specifications,
and form of contract and placed same on file in
the office of the City Clerk for public inspection
of the 2002 Maintenance Dredging Project - Ice
Harbor Flood Control Gate Structure.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That a public hearing will be held on 15th day
of July, 2002, at 6:30 p.m. in the Public Library
Auditorium at which time interested persons may
appear and be heard for or against the proposed
plans and specifications, form of contract and
cost of said improvement, and the City Clerk be
and is hereby directed to cause a notice of time
and place of such hearing to be published in a
newspaper having general circulation in the City
of Dubuque, Iowa, which notice shall be not less
than four days nor more 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.
Passed, adopted and approved this 1 yth day of
June, 2002.
Terrance M. Duggan, Mayor
Attest: Jeanne, F. Schneider, City Clerk
Michalski moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
RESOLUTION NO. 316-02
ORDERING BIDS
NOW THEREFORE, BE IT RESOLVED BY
THE COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
That the 2002 Maintenance Dredging Project -
Ice Harbor Flood Control Gate Structure 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
of the Notice to Bidders hereby approved as a
part of the plans and specifications heretofore
adopted.
That the City Clerk is hereby directed to
advertise for bids for the construction of the
improvements herein provided, to be published
in a newspaper having general circulation in the
City of Dubuque, Iowa, which notice shall not be
less than four days nor more than forty-five days
prior to the receipt of said bids at 2:00 p.m. on
the 3rd day of July, 2002. Bids shall be opened
and read by the City Clerk at said time and will
be submitted to the Council for final action at
6:30 p.m. on the 15th day of July, 2002.
Passed, adopted and approved this 1 yth day of
June, 2002.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
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
specifications for July 15, 2002, presented and
read. Michalski moved that the communication
be received and filed. Seconded by Nicholson.
Motion carried 7-0.
RESOLUTION NO. 317-02
PRELIMINARY APPROVAL OF
PLANS AND SPECIFICATIONS
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed plans, specifications, form
of contract and estimated cost for the Heritage
Trail Extension Project in the estimated amount
of $633,561.50 are hereby approved and
ordered filed in the office of the City Clerk for
public inspection.
Passed, adopted and approved this 1 yth day of
June, 2002.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Michalski moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
RESOLUTION NO. 318-02
FIXING DATE OF HEARING
ON PLANS AND SPECIFICATIONS
Whereas, the City Council of the City of
Dubuque, Iowa has given its preliminary
approval on the proposed plans, specifications,
and form of contract and placed same on file in
the office of the City Clerk for public inspection
of the Heritage Trail Extension Project.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That a public hearing will be held on the 15th
day of July, 2002, at 6:30 p.m. in the Public
Library Auditorium at which time interested
persons may appear and be heard for or against
the proposed plans and specifications, form of
contract and cost of said improvement, and the
City Clerk be and is hereby directed to cause a
notice of time and place of such hearing to be
published in a newspaper having general
circulation in the City of Dubuque, Iowa, which
notice shall be not less than four days nor more
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.
Passed, adopted and approved this 1 yth day of
June, 2002.
Terrance M. Duggan, Mayor
Attest: Jeanne, F. Schneider, CMC, City Clerk
Michalski moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
RESOLUTION NO. 319-02
ORDERING BIDS
NOW THEREFORE, BE IT RESOLVED BY
THE COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
That the Heritage Trail Extension is hereby
ordered to be advertised for bids for
construction.
BE IT FURTHER RESOLVED, that the amount
of the proposal guaranty shall be not less than
the amount as set forth in the proposal form
shall be filed with each proposal.
That the City Clerk is hereby directed to
advertise for bids for the construction of the
improvements herein provided, to be published
in a newspaper having general circulation in the
City of Dubuque, Iowa, which notice shall not be
less than twenty-one days nor more than forty-
five days prior to the receipt of said bids at 9:00
a.m. on the 16th day of July, 2002. Bids shall be
opened and read by the Iowa Department of
Transportation in Ames, Iowa, after 10:30 a.m.
on the same date such as the bids are
scheduled to be received. The bids will be
submitted to the Council for final action, subject
to the concurrence of the Federal Highway
Administration, at 6:30 p.m. on the 5th day of
August, 2002.
Passed, adopted and approved this 1 yth day of
June, 2002.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Michalski moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
Bell Street and Fifth Street Construction
Project: City Manager recommending initiation of
the bidding process for the Bell Street and Fifth
Street Construction Project and setting a public
hearing for July 15, 2002, presented and read.
Michalski moved that the communication be
received and filed. Seconded by Nicholson.
Motion carried 7-0.
RESOLUTION NO. 320-02
PRELIMINARY APPROVAL OF
PLANS AND SPECIFICATIONS
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed plans, specifications, form
of contract and estimated cost for the Bell Street
and Fifth Street Construction Project in the
estimated amount of $2,228,591.55 are hereby
approved and ordered filed in the office of the
City Clerk for public inspection.
Passed, adopted and approved this 17th day
of June, 2002.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
274
Regular Session, June 17, 2002
RESOLUTION NO. 321-02
FIXING DATE OF HEARING
ON PLANS AND SPECIFICATIONS
Whereas, the City Council of the City of
Dubuque, Iowa has given its preliminary
approval on the proposed plans, specifications,
and form of contract and placed same on file in
the office of the City Clerk for public inspection
of the Bell Street and Fifth Street Construction
Project.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That a public hearing will be held on the 15th
day of July 15, 2002, at 6:30 p.m. in the Public
Library Auditorium at which time interested
persons may appear and be heard for or against
the proposed plans and specifications, form of
contract and cost of said improvement, and the
City Clerk be and is hereby directed to cause a
notice of time and place of such hearing to be
published in a newspaper having general
circulation in the City of Dubuque, Iowa, which
notice shall be not less than four days nor more
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.
Passed, adopted and approved this 1 yth day of
June, 2002.
Terrance M. Duggan, Mayor
Attest: Jeanne, F. Schneider, City Clerk
Michalski moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
RESOLUTION NO. 322-02
ORDERING BIDS
NOW THEREFORE, BE IT RESOLVED BY
THE COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
That the Bell Street and Fifth Street
Construction is hereby ordered to be advertised
for bids for construction.
BE IT FURTHER RESOLVED, that the amount
of the proposal guaranty shall be not less than
the amount as set forth in the proposal form and
shall be filed with each proposal.
That the City Clerk is hereby directed to
advertise for bids for the construction of the
improvements herein provided, to be published
in a newspaper having general circulation in the
City of Dubuque, Iowa, which notice shall not be
less than twenty-one days nor more than forty-
five days prior to the receipt of said bids at 9:00
am on 20th of August 2002. Bids shall be
opened and read by Iowa Department of
Transportation in Ames Iowa after 10:30 am on
the same date such as the bids are schedule to
be received. The bids will be submitted to the
Council for final action at 6:30 p.m. on the 3rd of
September, 2002 subject to the concurrence of
the Federal Highway Administration.
Passed, adopted and approved this 1 yth day of
June, 2002.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
Jackson Street and West Locust Street
Resurfacing Project: City Manager
recommending initiation of the bidding process
for the Jackson Street and West Locust Street
Resurfacing Project and setting a public hearing
for July 15, 2002, presented and read.
Michalski moved that the communication be
received and filed. Seconded by Nicholson.
Motion carried 7-0.
RESOLUTION NO. 323-02
PRELIMINARY APPROVAL OF
PLANS AND SPECIFICATIONS
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed plans, specifications, form
of contract and estimated cost for the Jackson
Street and West Locust Street Resurfacing
Project in the estimated amount of
$1,332,980.02 are hereby approved and ordered
filed in the office of the City Clerk for public
inspection.
Passed, adopted and approved this 1 yth day of
June, 2002.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
RESOLUTION NO. 324-02
FIXING DATE OF HEARING
ON PLANS AND SPECIFICATIONS
Whereas, the City Council of the City of
Dubuque, Iowa has given its preliminary
approval on the proposed plans, specifications,
and form of contract and placed same on file in
the office of the City Clerk for public inspection
of the Jackson Street and West Locust Street
Resurfacing Project.
NOW THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That a public hearing will be held on the 15th
day of July, 2002, at 6:30 p.m. in the Public
Library Auditorium at which time interested
persons may appear and be heard for or against
the proposed plans and specifications, form of
contract and cost of said improvement, and the
City Clerk be and is hereby directed to cause a
notice of time and place of such hearing to be
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
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.
Passed, adopted and approved this 1 yth day of
June, 2002.
Terrance M. Duggan, Mayor
Attest: Jeanne, F. Schneider, City Clerk
RESOLUTION NO. 325-02
ORDERING BIDS
NOW THEREFORE, BE IT RESOLVED BY
THE COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
That the Jackson Street and West Locust
Street Resurfacing is hereby ordered to be
advertised for bids for construction.
BE IT FURTHER RESOLVED, that the amount
of the proposal guaranty shall be not less than
the amount as set forth in the proposal form and
shall be filed with each proposal.
That the City Clerk is hereby directed to
advertise for bids for the construction of the
improvements herein provided, to be published
in a newspaper having general circulation in the
City of Dubuque, Iowa, which notice shall not be
less than twenty-one days nor more than forty-
five days prior to the receipt of said bids at 9:00
am on 20th of August 2002. Bids shall be
opened and read by Iowa Department of
Transportation in Ames Iowa after 10:30 am on
the same date such as the bids are schedule to
be received. The bids will be submitted to the
Council for final action at 6:30 p.m. on the 3rd of
September, 2002 subject to the acceptance of
the Federal Highway Administration.
Passed, adopted and approved this 17th day
of June, 2002.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
Sale of City Lots - Napier Street: City Manager
recommending that a public hearing be set for
July 1, 2002 to consider a request from Robert
J. Cartmill and Glenn and Georgia Bankson to
purchase Lots 138 and 139 of Mechanic's
Addition on the north side of Napier Street,
presented and read. Michalski moved that the
communication be received and filed. Seconded
by Nicholson. Motion carried 7-0.
RESOLUTION NO. 326-02
RESOLUTION APPROVING A PLAT OF
EASEMENT FOR STORM AND SANITARY
SEWERS ACROSS LOT 138 AND LOT 139 OF
MECHANIC'S ADDITION IN THE CITY OF
DUBUQUE, DUBUQUE COUNTY, IOWA
Whereas, there has been presented to the City
Council of the City of Dubuque, Iowa, a plat
dated June 3, 2002 prepared by the City of
Dubuque, describing a Plat of Easement for
Storm and Sanitary Sewers across Lot 138 and
Lot 139 of Mechanic's Addition in the City of
Dubuque, Dubuque County, Iowa; and
Whereas, said plat conforms to the laws and
statutes pertaining thereto.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the plat dated June 3, 2002
prepared by the City of Dubuque relative to the
real estate hereinabove described be and the
same is hereby approved, and the Mayor and
City Clerk be and they are hereby authorized
and directed to execute said plat for and on
behalf of the City of Dubuque, Iowa.
Section 2. That the City Clerk be and is hereby
authorized and directed to file said plat and
certified copy of this resolution in the office of
the Recorder in and for Dubuque County, Iowa.
Passed, approved and adopted this 1 yth day of
June, 2002.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
Michalski moved adoption of the Resolution.
Seconded by Nicholson. Motion carried 7-0.
RESOLUTION NO. 327-02
RESOLUTION OF INTENT TO DISPOSE OF
CITY INTEREST IN LOTS 138 AND 139 OF
MECHANIC'S ADDITION, DUBUQUE, IOWA
Whereas, Robert J. Cartmill and Glenn E. and
Georgia Bankson have requested the purchase
of Lots 138 and 139 of Mechanic's Addition; and
Whereas, the City of Dubuque has relocated
and reconstructed sanitary and storm sewers on
said lots; and
Whereas, the City Council of the City of
Dubuque, Iowa has determined that Lots 138
and 139 of Mechanic's Addition are no longer
required for public use, except for sanitary and
storm sewer easements as noted, and sale of
said lots known as Lots 138 and 139 of
Mechanic's Addition in the City of Dubuque,
Dubuque County, Iowa should be approved.
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque intends to
dispose of its interest in Lots 138 and 139 of
Mechanic's Addition in the City of Dubuque,
Iowa.
Section 2. That the conveyance of Lot 138 of
Mechanic's Addition in the City of Dubuque,
Iowa to Robert J. Cartmill be contingent upon
the payment of $300.00, plus publication and
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
contingent upon the payment of $300.00, plus
publication and filing fees.
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,
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
meeting to commence at 6:30 P.M. in the public
library auditorium and that the City Clerk publish
notice in the manner prescribed by law.
Seconded by Nicholson. Motion carried 7-0.
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
1 t 6/26
Approved:
2002
Adopted:
2002
Mayor
Council Members
Attest:
City Clerk