Building Per Morat Bee BranchMEMORANDUM
December 22, 2003
TO:
The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Building Permit Moratorium - Bee Branch Creek Restoration Alignment
Study
Assistant City Engineer Gus Psihoyos recommends City Council approval of a building
permit moratorium for commercial properties and for the construction of new residential
structures in the Bee Branch Creek Alignment study area.
The proposed moratorium will prohibit the issuance of any commercial building permits
in the moratorium area. The proposed moratorium will also prohibit the issuance of any
building permits for substantial enlargement, alteration or remodeling or any new
residential construction. Demolitions and emergency repairs will be permitted.
Under the moratorium ordinance, the City Council can allow the issuance of a building
permit on a case-by-case basis. The moratorium expires on May 29, 2004.
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
Gus Psihoyos, Assistant City Engineer
Michael A. Koch, Public Works Director
MEMORANDUM
December 22, 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 recommend the establishment of a building permit
moratorium for commercial properties and for the construction of new residential
structures in the Bee Branch Creek Alignment study area (see Exhibit A).
BACKGROUND
At the December 1 City Council meeting, City staff was directed to request that the Bee
Branch Citizens Advisory Committee make a recommendation on a moratorium for the
study area associated with the Bee Branch Creek Restoration Alignment study.
At the December 4 meeting of the Committee, City staff requested the Committee's
input with regard to a moratorium. The Committee was advised that they could also
make a recommendation as to whether there should or should not be a moratorium. In
addition, the Committee could recommend the nature and scope of a moratorium.
On December 15, the Committee's recommendation was presented to the City Council.
The Committee recommended, by an 11 to 1 vote, the following:
1) The establishment of a moratorium for all commemial 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 include 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 expire on May 29, 2004, the tentative date that the
Committee will make an alignment recommendation to the City Council.
EXHIBITA. Bee Branch Creek Restoration Alignment Study Moratorium Area
ORDINANCE NO. 2-04
AN ORDINANCE AMENDING CHAPTER 11 BUILDINGS AND
BUILDING REGULATIONS OF THE CITY OF DUBUQUE CODE OF
ORDINANCES BY ADDING A NEW SECTION 11-58.5 ESTABLISHING
A MORATORIUM ON THE ISSUANCE OF BUILDING PERMITS FOR
COMMERCIAL AND NEW RESIDENTIAL CONSTRUCTION IN THE
BEE BRANCH CREEK RESTORATION ALIGNMENT STUDY AREA
Whereas, the City Council of the City of Dubuque, Iowa has
directed the Bee Branch Citizen Advisory Committee to determine an
alignment for the proposed Bee Branch Restoration Project in the City of
Dubuque between 24~h Street and the 16th Street Detention Basin, which
will include the acquisition of property necessary for said project; and
Whereas, the Engineering Division has requested that the City
Council adopt a moratorium on the issuance of building permits in the
study area while the Committee determines the alignment for said Project;
and
Whereas, the City Council believes that it is in the best interest of
the City and its citizens to minimize the inconvenience and disruption to
property owners ~n the study area and to minimize property acquisition
costs for the construction of the Bee Branch Restoration Project and that a
moratorium for the study area should be adopted.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA:
Section 1. Chapter 11 Buildings and Building Regulations of the
City of Dubuque Code of Ordinances is hereby amended by adding the
follOwing new Section 11-58.5:
Section 11-58.5 Moratorium - for work in the Bee Branch Creek
Restoration Alignment Study area The Building Official shall not issue
any permit for the substantial enlargement, alteration, remodeling of or
any new commercial construction or for any new residential construction,
but not including demolition, without the approval of the City Council in the
Bee Branch Creek Restoration Alignment Study area as shown on the
map on file in the office of the City Clerk, 50 W. 13~ Street, Dubuque,
Iowa, dudng the period from the date of publication of this ordinance
through May 29, 2004, except where a vested right to the issuance of
such 3ermit accrued pdor to December 19, 2003.
Section 2. This Ordinance shall take effect upon publication, as
provided by law.
2004.
Passed, approved and adopted this 5th- day of January
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider,' CMC, City Clerk