Bee Branch Study Building Permit MoratoriumMEMORANDUM
December 8, 2003
TO:
FROM:
SUBJECT:
The Honorable Mayor and City Council Members
Michael C. Van Milligen, City Manager
Building Permit Moratorium, Bee Branch Creek Restoration Alignment
Study
The City Council requested a recommendation from the Bee Branch Citizen Advisory
Committee (BBCAC) about establishment of a permit moratorium related to the Bee
Branch Creek Restoration Study.
Assistant City Engineer Gus Psihoyos reports that the BBCAC is recommending the
following:
The establishment of a moratorium for commercial improvements in the study
area;
The establishment of a moratorium for the construction of NEW residential
homes in the study area; and
That the study area should be described as: the area within the 100-year flood
inundation map that would result once the Carter Road Detention Basin and
W. 32nd Street Detention Basin improvements are implemented, predicted in the
Drainage Basin Master Plan; and
That the moratorium should not extend beyond May 29, 2004 (tentative date that
the BBCAC will make an alignment recommendation to the City Council).
There was a consensus that certain project within the moratorium such as a
possible Wal-Mart and the Commumty Development project at the 5 Points"
Neighborhood (bounded by Washington, Elm, 20th and 21st Streets) should be
considered on a case-by-case basis and a decision to proceed should be based
on the medts of each such project.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Micha ' 'g~
MCVM/]h
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Gus Psihoyos, Assistant City Engineer
MEMORANDUM
December 8, 2003
TO:
FROM:
Michael C. Van Milligen, City Manager
Gus Psihoyos, Assistant City Engineer
SUBJECT: Building Permit Moratorium - Bee Branch Creek Restoration Alignment
Study
INTRODUCTION
The purpose of this memo is to present the Bee Branch Citizen Advisory's
recommendation that a building permit moratorium be established for new homes and
for commemial improvements that exist within the Bee Branch Creek Restoration
Alignment Study limits.
BACKGROUND
On May 19, 2003, the City Council approved the selection of Camp Dresser & McKee
(CDM) of Milwaukee with WHKS & Co. 0NHKS) of Dubuque to provide engineering and
design services for the Bee Branch Creek Restoration Alignment study. The study will
establish the optimum alignment for the proposed open waterway along its
approximately 4,500-foot length from the 16th Street detention basin to 24th and Elm
Street.
In August 2003, the Dubuque City Council formed the Bee Branch Citizen Advisory
Committee (BBCAC) to represent the needs and views of impacted residents as the
solution to the flooding problem proceeds through the preliminary design phase.
At the December 1 council meeting, City staff was directed to make a recommendation
on a moratorium for the study area associated with the Bee Branch Creek Restoration
Alignment study.
DISCUSSION
At the December 4 BBCAC meeting, City staff solicited the committee's input with
regard to a moratorium as to whether there should or should not be a moratorium, in
addition, they were asked what the limits of the moratorium should be.
Having identified affordability as a pdmary criterion for the selection of the proposed
alignment, the BBCAC voted 11 to 1 in favor of a moratorium. Specifically, the BBCAC
recommend:
1) The establishment of a moratorium for commercial improvements in the study
area;
2) The establishment of a moratorium for the construction of NEW residential
homes in the study area; and
3) That the study area should be described as: the area within the 100-year flood
inundation map that would result once the Carter Road Detention Basin and W.
32"d Street Detention Basin improvements are implemented, predicted in the
Drainage Basin Master Plan (see figure 1 ); and
4) That the moratorium should not extend beyond May 29, 2004 (tentative date that
the BBCAC will make an alignment recommendation to the City Council).
Figure 1. Predicted 100-year flood inundation limits with Carter Rd. Detention Basin and W. 32"d Street
Detention Basin improvements. (Source: City of Dubuque Drainage Basin Master Plan)
5)
There was a consensus that certain projects within the moratorium such as a
possible WalMart and the Community Development project at the "5 Points"
Neighborhood (bounded by Washington, Elm, 20th and 21~ Streets) should be
considered on a case-by-case basis and a decision to proceed should be
based on the merits of each such project.
Figure 2 shows the outline of the flood inundation limits described previously, the outline
of a potential moratorium that closely follows the flood inundations limits~' and the
location of the "5 Points" Neighborhood Rehabilitation Project.
cc: Cindy Steinhauser, Assistant City Manager
Michael A. Koch, Public Works Director
Barry Lindahl, Corporation Counsel
Laura Carstens, City Planner
David Hards, Housing & Community Development Director
Deron Muehdng, Civil Engineer II
Dan Lau, CDM
Charlie Winterwood, BBCAC Chair
Figure 2. Flood limits, "5 Points" Area, and proposed Bee Branch Creek Restoration
Alignment Study moratorium limits.