W 32nd St Detention Basin Building Moratorium ExtensionMEMORANDUM
February 9, 2004
TO:
FROM:
SUBJECT:
The Honorable Mayor and City Council Members
Michael C. Van Milligen, City Manager
Extension of Building Permit Moratorium - West 32nd Street Detention
Basin
In July 2001, HDR Engineering outlined the preliminary findings for the Drainage Basin
Master Plan at a City Council Work Session. One of the recommended improvements
was the modification of the existing West 32"d Street detention cell. The conceptual
design provided in the Drainage Basin Master Plan indicated that 15 homes would need
to be removed in order to double the size of the existing detention cell.
In April 2002, the City Council established an 18-month moratorium on the issuance of
permits for work in the West 32"d Street Detention Basin area. The moratorium
prohibited the issuance of permits for any new construction or for the substantial
enlargement, alteration, repair or remodeling, but not including demolition, of any
structure, building or sign in the West 32nd Street Detention Basin area.
Assistant City Engineer Gus Psihoyos recommends re-establishment of the expired
nd
building permit moratorium for the West 32 Street Detention Basin area, and that the
re-established building permit moratorium be set to expire on August 1,2005.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
MCVM/jh
Attachment
CC:
Mic~hael C. Van Milligen
Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Gus Psihoyos, Assistant City Engineer
MEMORANDUM
February 9, 2004
TO:
FROM:
SUBJECT:
Michael C. Van Miiligen, City Manager
Gus Psihoyos, Assistant City Engineer
Extension of Building Permit Moratorium - West 32nd Street Detention
Basin
INTRODUCTION
This memo requests the re-establishment of a building permit moratorium for properties
surrounding the West 32nd Street Detention Basin. The attached map identifies the
impacted properties.
DISCUSSION
In July 2001, HDR Engineering outlined the preliminary findings for the Drainage Basin
Master Plan at a City Council workshop. One of the recommended improvements was
the modification of the existing West 32"d Street detention cell. The conceptual design
provided in the Drainage Basin Master Plan indicated that 15 homes would need to be
removed in order to double the size of the existing detention cell.
In April 2002, ~he City Council established an 18-month moratorium on the issuance of
permits for work in the West 32"d Street Detention Basin area. The moratorium
prohibited the issuance of permits for any new construction or for the substantial
enlargement, alteration, repair or remodeling, but not including demolition, of any
structure, building or sign in the West 32"d Street Detention Basin area.
The estimated project schedule is:
Design
Property Acquisition
Construction
2004
2003-04-05
2005-06
Without the moratorium, home improvements may occur in the area, increasing the
property acquisition costs for property the City will need to acquire. To avoid this, the
City of Dubuque Engineering Division requests that the City Council adopt the attached
resolution that establishes a building permit moratorium.
RECOMMENDATION
I recommend that the City Council adopt the attached resolution re-establishing a
building permit moratorium for the West 32nd Street Detention Basin area to expire
August 1, 2005.
CC:
Michael A. Koch, Public Works Director
Rich Russell, Building Services
Deron Muehdng, Engineering
ORDINANCE NO 8-04
AMENDING CHAPTER 11 BUILDINGS AND BUILDING REGULATION
OF THE CITY OF DUBUQUE CODE OF ORDINANCES ADOPTING A
NEW SECTION 11-58.4 REESTABLISING AN EIGHTEEN-MONTH
MORATORIUM ON THE ISSUANCE OF PERMITS FOR WORK IN THE
WEST 32N° STREET DETENTION BASIN AREA
Whereas, the City Council of the City of Dubuque, Iowa has directed its
Engineering Department to design an expanded detention basin and facility for
the West 32nd Street Detention Basin area of the City, which will include the
purchase of property necessary for said expansion; and
Whereas, the moratorium on the issuance of permits for work in the area
has expired; and
Whereas, the Engineering Department has requested that the City Council
reestablish the moratorium for an additional eighteen-month pedod to allow the
Engineering Department to design the detention basin and facility; and
Whereas, the City Council believes that it is in the best interests of the City
and its citizens to minimize inconvenience and disruption to property owners in
the proposed detention basin area and to minimize property acquisition costs
during the design of the detention facility and basin and that the moratorium for
the West 32nd Street Detention Basin Area should be reestablished.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1. Chapter 11 Buildings and Building Regulation of the City of
Dubuque Code of Ordinances is hereby amended by adding the following
Section 11-58.4:
Section 11-58.4 Moretodum - for Work in the West 32nd Street Detention
Basin Area. The Building Official shall not issue any permit for any new
construction or for the substantial enlargement, alteration, repair or remodeling,
but not including demolition, of any structure, building, or sign in the West 32"d
Street Detention Basin Area as shown on the map on file in the Office of the City
Clerk, 50 W. 13~ Street, Dubuque, Iowa, dudng the pedod from the date of
publication of this Ordinance to August 1, 2005, except where a vested right to
the issuance of such permit accrued prior to February 16, 2004.
Section2, This Ordinance shall take effect upon publication, as
provided by law.
Passed, approved and adopted this 16th
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, CMC, City Clerk
Building Permit Moratorium for the W. 32nd
Street Detention Basin Modifications Project
(CIP 32008'1 )
February 1:~, 2004
Existing W.
Moratorium
32nd Street Basi~
Limits
W. 32nd St. Moratorium
Impacted Properties
April 10, 2002