Bee Branch Bldg Per Moratorium
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MEMORANDUM
July 12, 2004
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
Acting Public Works Director/City Engineer Gus Psihoyos recommends re-adoption of a
building permit moratorium for commercial properties and for the construction of new
residential structures in the Bee Branch Creek Alignment study. The previous
moratorium expired May 29, 2004, and the re-adopted moratorium would be effective
though July 1, 2005.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
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Michael C. Van Milligen ------
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Gus Psihoyos, Acting Public Works Director/City Engineer
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MEMORANDUM
July 12, 2004
FROM:
Michael C. Van Milligen, City Manager Q
Gus Psihoyos, Acting Public Works Director Jj
TO:
SUBJECT: Building Permit Moratorium - Bee Branch Creek Restoration Alignment
Study
INTRODUCTION
The purpose of this memo is to recommend re-adoption of an ordinance establishing a
building permit moratorium for commercial properties and for the construction of new
residential structures in the Bee Branch Creek Alignment study area. The previous
moratorium expired May 29, 2004.
BACKGROUND
Following a recommendation from the Bee Branch Citizens Advisory Committee
(BBCAC), the City Council adopted a moratorium in December, 2003, for the Bee
Branch Creek Restoration Alignment study area (see Attachment A).
The ordinance prohibits the issuance of commercial building permits in the moratorium
area, with the exception of demolition permits or permits for emergency repairs, without
the approval of the City Council. The moratorium also prohibits the issuance of a
building permit for the construction of a new residential home or garage. The
moratorium expired May 29, 2004.
DISCUSSION
The Bee Branch Citizens Advisory Committee has formulated a recommendation on the
proposed alignment The attached ordinance reflects that recommendation.
Some questions remain about the alignment south of Garfield through the Smithfield
site; they should be answered by the end of August Secondly, the Cit~ Council has yet
to authorize the construction project between Garfield and 24 h Street The
establishment of a moratorium expiration date of July 1, 2005, will allow time for the City
Council to make informed decisions and outline the City's direction with regard to the
Bee Branch Creek Restoration Project
The current adopted five-year CIP budget includes funding to initiate property
acquisition for the project in Fiscal Year 2006.
RECOMMENDATION
I recommend that the City Council adopt the ordinance re-establishing the moratorium
through July 1, 2005.
ACTION REQUESTED
I respectfully request that the City Council adopt the attached ordinance re-adopting the
building permit moratorium for the area shown on Attachment B.
cc:
Dan Lau, CDM
Charlie Winterwood, BBCAC Chair
Cindy Steinhauser, Assistant City Manager
Barry Lindahl, Corporation Counsel
David Harris, Housing & Community Development Director
Deron Muehring, Civil Engineer II
Rich Russell, Building Services
þ.
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ORDINANCE NO. 50-04
AN ORDINANCE AMENDING THE CITY OF DUBUQUE CODE OF
ORDINANCES, CHAPTER 11 BUILDINGS AND BUILDING
REGULATIONS BY ADDING A NEW SECTION 11-58.5 ADOPTING 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 is
undertaking a study of an alignment for the proposed Bee Branch
Restoration Project in the City of Dubuque between 24th Street and the
16th Street Detention Basin, which will include the acquisition of property
necessary 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 in 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. The City of Dubuque Code of Ordinances, Chapter
11, Buildings and Building Regulations are hereby amended by adding the
following new section:
Section 11-58.5 Moratorium Bee Branch Creek Restoration
Alignment Area. The Building Official shall not issue any permit for any
commercial construction or for any new residential construction, including
a new house or new garage, but not including demolition and emergency
repairs, without the approval of the City Council, in the Bee Branch Creek
Restoration Alignment area as shown on the map on file in the office of
the City Clerk, 50 W. 13th Street, Dubuque, Iowa, during the period from
the effective date of this ordinance through July 1, 2005, except where a
vested right to the issuance of such permit accrued prior to December 19,
2003.
Section 2.
provided by law.
This Ordinance shall take effect upon publication, as
Passed, approved and adopted this ~ day of July
2004. ~
Moratorium limits based on the Bee Branch Creek Restoration Alignment Study
limits previously established by the City Council.
N
A
0
250
500
750 1000 Feet
-
Scale: 1 inch = 500 feet
Legend
(\J
Bee Branch Mainline
Existing Buiidings
[[]
Detention Basins
Channel Alignment
(\.j Centeriine
(\J Edge of Construction I Buffer Zone
D Cuivert Connection
BBCAC Preferred
Alignment Corridor
COM & WHKS & Co.
June 24, 2004
Bee Branch Creek Restoration Alignment Study
City of Dubuque, Iowa