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Proof of Council Proceedings 6 9 08CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS OFFICIAL The Dubuque City Coi it met in special sess t 6 p.m. on June 9, 20 i the Historic Fed! Present; Mayor E Council Members, B Connors, Jones, Ly Resnick, Voetberg, Manager Van Milligen, Attorney Lindahl Mayor Buol read the and stated this is a spy session of the City Coi called for the purpos discussing the Bluff Bluffland Advisory C mittee members Brennan, 1432 So. Gr view; and Lou Os 1080 Nowata Street, vided an overview of committee's work timelines. They stated the committee's rec mendations support City's Comprehensive and fits Oswald reviewed regula- tions for Overlay Districts and expressed a 50/50 balance between preser- vation and development. Zoning Advisory Com- mission 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 commit- tee's recommendations are good such as setback requirements; erosion con- trol; 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 ad- ditional requirements may be too restrictive. In re- sponse 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 reg- ulations stating that this provided a more stringent review process. Council discussion in- cluded consideration of setbacks and the potential for excessive setbacks creating an unbuildable lot; if setbacks could be con- strued as an illegal "tak- ing" by the City; erosion control; building height re- strictions; 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 in- eluded; the grantipg of var- iances; and discussion of Priority A and B Bluffland Areas and proposed Bluff Overlay Areas as submit- ted by the Planning Serv- ices Department and the Bluffland Advisory Com- mittee. Discussion was al- so given to what proposed Bluffland regulations might fall under existing zoning regulations. Council concerns includ- ed identifying what areas should be covered; bluff degradation; inhibiting de- velopment; exemptions for minimum-sized lots; inter- fering 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 Dis- trict to be regulated with some "overhang" regula- tions for the interior bluffs. The City Council .referred the following recommen- dations to the Zoning Ad- visory Commission for in- corporation into the exist- ing 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: • Height/Bulk Restriction • Trees -Cutting/Clearing The City Council further concurred that there was to be a "blanket" prohibi- tion on any type of over- hanging structures and a "blanket" requirement re- garding erosion control. Staff reviewed the pro- posed timeline which in- cludes apublic hearing by the Zoning Advisory Com- mission 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 1t 6/14 STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: Tune l4, 2008, and for which the charge is $43.88. /~~ (a.~{ZrLtt[ ~ (~ Subsc~r~ibe~d to-- before m a tary Public in and for Dub ue County, Iowa, this ~~ day of , 20D~. otary Public in and for Dl~uque County, Iowa. ra`^~ e MARY K. Vti'ESTERMEYER ~} ~~~ Commission Number 154885 ~~.- My Comm. FxD. FEB. 1, 2011 o«- CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS OFFICIAL The Dubuque City Coun- cil 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 rec- ommendations. Bluffland Advisory Com- mittee members John Brennan, 1432 So. Grand- view; and Lou Oswald 1080 Nowata Street, pro- vided an overview of the committee's work and timelines. They stated that the committee's recom- mendations support the City's Comprehensive Plan and fits the sustainable/green com- munity initiative. Mr. Oswald reviewed regula- tions for Overlay Districts and expressed a 50/50 balance between preser- vation and development. Zoning Advisory Com- mission 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 commit- tee's recommendations are good such as setback requirements; erosion con- trol; 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 ad- ditional requirements may be too restrictive. In re- sponse 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 reg- ulations stating that this provided a more stringent review process. Council discussion in- cluded consideration of setbacks and the potential for excessive setbacks creating an unbuildable lot; if setbacks could be con- strued as an illegal "tak- ing" by .the City; erosion control; building height re- strictions; 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 in- cluded; the granting of var- iances; and discussion of Priority A and B Bluffland Areas and proposed Bluff Overlay Areas as submit- ted by the Planning Serv- ices Department and the Bluffland Advisory Com- mittee. Discussion was al- so given to what proposed bluffland regulations might fall under existing- zoning regulations. Council concerns includ- ed identifying what areas should be covered; bluff degradation; inhibiting de- velopment; exemptions for minimum -sized lots; inter- fering 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 Dis- trict to be regulated with some "overhang" regula- tions for the interior bluffs. The City Council .referred the following recommen- dations to the Zoning Ad- visory Commission for in- corporation into the exist- ing 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: • Height/Bulk Restriction • Trees - Cutting/Clearing The City Council further concurred that there was to be a "blanket" prohibi- tion on any type of over- hanging structures and a "blanket" requirement re- garding erosion control. Staff reviewed the pro- posed timeline which in- cludes a public hearing by the Zoning Advisory Com- mission 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 1t 6/14 STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: June 14, 2008, and for which the charge is $43.88. CIGC Pcize U Subscribededto before me otary Public in and for Dub ue County, Iowa,. this �=— day of , 2040 . otary Public in and for D eI uque County, Iowa. MARY K. WESTERMEYER Commission Number 154885 My Comm. F.xo. FEB. 1, 2011