Hwy 20 Moratorium Bridge AppealMEMORANDUM
September 25, 2001
TO:
FROM:
SUBJECT:
The Honorable Mayor and City Council Members
Michael C. Van Milligen, City Manager
Highway 20 Moratorium for Bridge Study (City Code Section 11-58.1)
Since May of 1998 there has been a moratorium area along Highway 20 to allow for the
Iowa Department of Transportation (IDOT) to study alternative designs for the bridge
widening project. Building Services Manager Rich Russell recommends that the City
Council amend City Code Section 11-58.1 to allow for an appeal to the City Council.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Rich Russell, Building Services Manager
CITY OF DUBUQUE, IOWA
MEMORANDUM
September 19, 2001
TO: Michael C. Van Milligen, City Manager
FROM: Rich Russell, Building Services Manager
RE: Highway 20 Moratorium for Bridge Study (City Code Section 11-58.1)
INTRODUCTION:
This memo transmits a request to add an opportunity for property owners within
the moratorium area to ask the City Council to allow the Building Services
Manager to issue building permits.
DISCUSSION:
Since May of 1998 there has been a moratorium area along Highway 20 to allow
for the Iowa Department of Transportation (IDOT) to study alternative designs for
the bridge widening project.
The Building Services Department has received a request for a building permit
from Whitetail Services, LLC. They would like to construct a temporary building to
house equipment that would remediate underground contamination in the area
between Bluff Street and Bissell Lane.
Currently, our ordinances do not allow for such an appeal to the City Council.
City Soficitor Barry Lindahl has prepared the attached ordinance to address this
issue.
RECOMMENDATION:
I recommend that the City Council amend City Code Section 11-58.1 to allow for
an appeal to accommodate projects like the remediation discussed above.
ORDINANCE NO. 64-01
AN ORDINANCE AMENDING SECTION 11-58.1 OF THE CITY OF DUBUQUE CODE
OF ORDINANCES ESTABLISHING HIGHWAY 20 CORRIDOR/BRIDGE STUDY
MORATORIUM BY PROVIDING FOR AN APPEAL TO THE CITY COUNCIL.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, AS FOLLOWS:
Section 1. Section 11-58.1 of the City of Dubuque Code of Ordinances is
hereby amended to read as follows:
Sec. 11-58.1. Moratorium - For Work in the U.S. 20 Corridor:
The building official shall not issue any permit for any new construction or
substantial enlargement, alteration, repair or remodeling of any structure,
building, or sign in the U.S. 20 corridor (Dodge Street), but not to include
demolition, from the eastern corporate limits of the City of Dubuque westerly to
the intersection of U.S. 20 (Dodge Street) with Bluff Street, as shown on the
maps on file in the office of the City Clerk, 50 West 13th Street, Dubuque, Iowa,
during the period of May 1, 2001, to May 1, 2002, except where a vested right to
the issuance of such permit accrued prior to May 1, 1999. Any person, firm or
corporation aggrieved or adversely affected by the building official's refusal to
issue a permit pursuant to this moratorium shall appeal therefrom to the City
Council. The City Council may direct the building official to issue a permit for any
work that the City Council finds would not negatively impact the Highway 20
bridge study.
Section 2. This Ordinance shall take effect upon publication.
Passed, approved and adopted this 1st day of October ,2001.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
Effect of Amendment
Sec. 11-58.1. Moratorium-For Work In The U.S. 20 Corridor:
The building official shall not issue any permit for any new construction or substantial
enlargement, alteration, repair or remodeling of any structure, building, or sign in the
U.S. 20 corridor (Dodge Street), but not to include demolition, from the eastern corporate
limits of the city of Dubuque westerly to the intersection of U.S. 20 (Dodge Street) with
Bluff Street, as shown on the maps on file in the office of the city clerk, 50 W. 13th
Street, Dubuque, Iowa, during the period of May 1, 2001, to May 1, 2002, except where a
vested fight to the issuance of such pemait accrued prior to May 1, 1999. Any person,
faro or corporation aggrieved or adversely affected by the building official's refusal to
issue a permit pursuant to this moratorium shall appeal therefrom to the city council. The
ciW council may direct the building official to issue a permit for any work that the city
council finds would not negatively impact the Highway 20 bridge study.