6 9 08 City Council Proceedings Official
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
OFFICIAL
The Dubuque City Council met in special session at 6 p.m. on June 9, 2008, in the
Historic Federal Building
Present; Mayor Buol, Council Members, Braig, Connors, Jones, Lynch, Resnick,
Voetberg, City Manager Van Milligen, City Attorney Lindahl
Mayor Buol read the call and stated this is a special session of the City Council
called for the purpose of discussing the Bluffland Advisory Committee’s
recommendations.
Bluffland Advisory Committee members John Brennan, 1432 So. Grandview; and
Lou Oswald 1080 Nowata Street, provided an overview of the committee’s work and
timelines. They stated that the committee’s recommendations support the City’s
Comprehensive Plan and fits the sustainable/green community initiative. Mr. Oswald
reviewed regulations for Overlay Districts and expressed a 50/50 balance between
preservation and development.
Zoning Advisory Commission Vice Chairperson Jeff Stiles, 3108 Central Avenue,
questioned the length to which the City should go to preserve the bluffs. Mr. Stiles
stated that many of the committee’s recommendations are good such as setback
requirements; erosion control; height restrictions in Planned Unit Development districts;
and conservation easements. The Priority A and B Districts cover many R-1 Residential
District areas and some of the additional requirements may be too restrictive. In
response to Council Member Connors, Mr. Stiles stated that R-1 regulations do not
include anything on the regulation of trees but it could be written in.
Assistant City Attorney Tim O’Brien reviewed regulations stating that this provided a
more stringent review process.
Council discussion included consideration of setbacks and the potential for
excessive setbacks creating an unbuildable lot; if setbacks could be construed as an
illegal “taking” by the City; erosion control; building height restrictions; clearing and
cutting of trees; building over the bluff top/cantilevering; the need for clear definitions of
bluff and structures and what structures should be included; the granting of variances;
and discussion of Priority A and B Bluffland Areas and proposed Bluff Overlay Areas as
submitted by the Planning Services Department and the Bluffland Advisory Committee.
Discussion was also given to what proposed bluffland regulations might fall under
existing zoning regulations.
Council concerns included identifying what areas should be covered; bluff
degradation; inhibiting development; exemptions for minimum-sized lots; interfering
with the individual rights of property owners; and the legal defense of the
recommendations.
City Council concurred that Priority A would be the Bluffland Overlay District to be
regulated with some “overhang” regulations for the interior bluffs. The City Council
referred the following recommendations to the Zoning Advisory Commission for
incorporation into the existing Zoning Ordinance or for development of a new
ordinance:
?
Erosion control
?
Exposed foundation
?
Overhanging structures
?
Setbacks – with direction to look at a percentage of lot size
City Council concurred to not regulate the following recommendations:
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Height/Bulk Restriction
?
Trees – Cutting/Clearing
The City Council further concurred that there was to be a “blanket” prohibition on
any type of overhanging structures and a “blanket” requirement regarding erosion
control. Staff reviewed the proposed timeline which includes a public hearing by the
Zoning Advisory Commission on July 2, 2008 and a public hearing by the City Council
on July 21, 2008.
There being no further business, upon motion the Council adjourned at 8:05 p.m.
/s/Jeanne F. Schneider, CMC
City Clerk
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