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Code of Ordinance Update D~~~E ~~~ MEMORANDUM August 17, 2006 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: City of Dubuque Code of Ordinances Revision After staff review of all City Ordinances, which has been conducted over the last few years, City Attorney Barry Lindahl, City Clerk Jeanne Schneider and Assistant City Manager Cindy Steinhauser will be recommending changes to the City Code. They are suggesting a two-part process for review and adoption of the revised Code of Ordinances. The first part of the review process would be to adopt those chapters where the only changes are text clean-up or where changes are made to comply with state law. The second part of the review process could be completed in one of two formats. One format would be to hold a work session prior to a regularly-scheduled City Council meeting to discuss proposed policy changes for the six chapters where policy direction is needed. The other option is that they could bring several chapters at a time to a regular City Council meeting as action items for discussion and direction. They are also asking if the City Council would like the Code information in CD format or hard copy. PIt) ~11 (1;/1 ~ Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Jeanne F. Schneider, City Clerk i5DB~E ~<k~ MEMORANDUM August 17, 2006 TO: Michael C. Van Milligen, City Manager FROM: Cindy Steinhauser, Assistant City Manager Barry A. Lindahl, City Attorney Jeanne F. Schneider, City Clerk SUBJECT: City of Dubuque Code of Ordinances Revision Backaround The City of Dubuque currently uses Sterling Codifiers to provide updates to the City of Dubuque Code of Ordinances. These updates occur on a periodic basis upon adoption of revised or new ordinances by the City Council. In 2002 Sterling Codifiers provided a review of the City of Dubuque Code of Ordinances which identified outdated language and references to employee positions and policies. Sterling provided the City Clerk with a list of recommended changes to the Code of Ordinances. Upon initial review of Sterling's recommendations, we determined that the best course of action was to go through the Code of Ordinance chapter by chapter to discuss the Sterling's recommended changes and to look at any additional revisions that might be appropriate. Discussion In 2003, we began a comprehensive review of the Code of Ordinances. Participating in every meeting was City Attorney Barry Lindahl, City Clerk Jeanne Schneider and Assistant City Manager Cindy Steinhauser along with the Department Manager responsible for the enforcement of each chapter being reviewed. During each meeting, we reviewed and provided direction on the recommendations made by Sterling, reviewed each chapter for compliance with the Iowa Code, and formulated other recommendations where appropriate. Several general changes are recommended. We have recommended the removal of all references to department manager and other positions appointed by the City Manager, unless such positions are required by State law. This was recommended because there is no sound reason to include such positions, which are the City Manager's prerogative, in an ordinance. This also eliminates the need to amend the Code of Ordinances whenever there are organizational changes. The City Manager will be referred to in place of former references to department managers or other positions. We are also recommending that references to fees be removed from the Code of Ordinances, except where state law requires an ordinance to establish the fee, and that instead the City Manager be authorized to adopt fee schedules. This also eliminated the need for ordinances changes whenever there is a change in a fee schedule. References to specific meeting dates for boards and commissions are also recommended to be removed from the Code of Ordinances to allow greater flexibility for scheduling these meetings. Finally, we are recommending the elimination of most business licenses. There no longer appears to be any legitimate basis for licensing a small number of businesses, such as dance halls, rat control, and tree trimming, while many other business are not licensed. In addition, state law requires that where a license fee is charged, the fee must reflect the reasonable costs of supervising, inspecting or otherwise regulating the licensed business. In most instances, the city does not have the resources to supervise, inspect or otherwise regulate most business that are licensed. A total of forty-six chapters were reviewed. The proposed changes fall into three categories: 1) Proposed changes that are text clean-up only; 2) Proposed changes that bring the chapter into compliance with state law; and 3) Proposed changes that require policy direction from the City Council. Attached is a summary of all of the significant changes for each of the chapters along with a brief summary of the changes made. Policy direction is requested from the City Council regarding the following six chapters: Chapter 6 - Amusements. We are recommending that this entire Chapter be eliminated as there are a minimal number of licenses issued, it is outdated and not cost effective. Chapter 10- Boats, Boating and Waterfront Structures. We are requesting policy direction on the mooring of vessels due to the recent construction of the pier wall at the Port of Dubuque, the construction of transient boat docks at the Ice Harbor by May 2007, and boat activity at Schmitt Harbor and the Hawthorne Street Peninsula. Chapter 15 - Community Development. The major change in this chapter was moving Article III-Industrial Projects to a new chapter entitled "Economic Development." Chapter 25 - Historic Preservation. We are recommending that this chapter be incorporated into the Unified Development Code. Chapter 31 - Licenses and Miscellaneous Regulations. We are recommending the elimination of many of the articles in this chapter and the licensing of business, such as fortunetellers, going out of business sales, and rat control. It is also recommended that Article VIII- Nonfranchised Communication Systems be made into a separate new chapter entitled "Right-of-Way." Chapter 35 - Peddlers and Transient Merchants. Policy direction is requested on this chapter with regarding to the licensing of peddlers. We are recommending removal of this chapter. Currently, the city issues a license for the activity but does not have a means to verify the legitimacy of the peddler or merchant or conduct the necessary background information or otherwise supervise the activity. We are also recommending the addition of four new chapters for Transit, Economic Development, Right-of-Way and Swimming Pools. The proposed text for these chapters is included in the final summary of information that will be provided for City Council review. Upon adoption of the recommended changes, Sterling Codifiers will implement these changes and will also reorganize all of the chapters in a more useful manner. Direction Direction is requested with regard to how the City Council would like to proceed with the review these recommendations. We are suggesting a two-part process for review and adoption of the revised Code of Ordinances. The first part of the review process would be to adopt those chapters where the only changes are text-clean-up or where changes are made to comply with state law. The second part of the review process could be completed in one of two formats. One format would be to hold a worksession prior to a regularly scheduled City Council meeting to discuss proposed policy changes for the six chapters where policy direction is needed. The other option is that we could bring several chapters at a time to a regular City Council meeting as action items for discussion and direction. We would also ask that the City Council indicate how they would like the information provided - in CD format or hard copy which would require two large binders. Reauested Action The requested action is for City Council to identify if the review process should be held during a worksession or as regular City Council meeting action items, and to indicate if the information should be provided in CD or as hard copy. Summary of Proposed City of Dubuque Code of Ordinance Changes Chapter 1 - General Provisions Changes primarily include text clean-up. Also includes new right of entry clause. Chapter 2 - Administration Changes include elimination of meeting date text so can change a meeting without an ordinance change. Other changes include clean-up and rearranging of text. Chapter 3 - Advertising & Signs Changes include removal of text to eliminate conflict with 151 Amendment issues. Chapter 4 - Airport Changes include text clean-up and removal of City Council member from Commission. Chapter 5 - Alcoholic Beverages Changes include text clean-up and State law changes. Chapter 6 - Amusements Policy direction needed. Staff recommending eliminating licensing for pool halls, theaters, etc. Chapter 7 - Animals and Fowl Changes primarily include text clean-up. Chapter 9 - Bicycles Changes primarily include text clean-up. Chapter 10 - Boats, Boating and Waterfront Structures Changes include text clean-up and policy direction needed on mooring of vessels. Chapter 11 - Buildings and Building Regulations Changes primarily include text clean-up. Also includes International Building Code adoption. Chapter 13 - Civic Center Changes primarily include text clean-up. Chapter 14 - Civil Defense Changes primarily include text clean-up. Also include creation of Emergency Management Coordinator and other items addressed in 28E Agreement per State Code. . Chapter 15 - Community Development Summary of Proposed City of Dubuque Code of Ordinance Changes Changes primarily include text clean-up. Also took out economic development items and established in a separate chapter. Chapter 17 - Elections Changes primarily include text clean-up. Chapter 18 - Electricity Chapter 19 - Fire Prevention and Protection Changes primarily include text clean-up. Chapter 20 - Flood Areas Changes primarily include text clean-up. Chapter 21 - Food Establishments and Hotel Sanitation Regulations are State Law. Chapter 22 - Garbage, Trash and Refuse Chapter 23 - Health and Sanitation Changes primarily include text clean-up. Chapter 24 - Hearing, Air Conditioning and Ventilating Changes primarily include text clean-up. Chapter 25 - Historical Preservation Incorporate into Zoning Ordinance. Chapter 26 - Housing Regulations Changes primarily include text clean-up. Chapter 27 - Human Relations Changes primarily include text clean-up. Chapter 29 - Junk Dealers, Secondhand Dealers and Pawnbrokers Changes primarily include text clean-up. Chapter 30 - Library Changes primarily include text clean-up. Chapter 31 - Licenses and Miscellaneous Regulations Changes include text clean-up, relocation of license renewal date and penalty to a separate chapter. Also policy direction needed on what we license. Chapter 32 - Motor Vehicles and Traffic Changes primarily include renumbering to be consistent with State Code. Summary of Proposed City of Dubuque Code of Ordinance Changes Chapter 33 - Offenses and Miscellaneous Provisions Section on assemblies moved to Chapter 41, Hazardous waste moved to Chapter 19 and noise move to Chapter 23. Chapter 34 - Parks and Recreation Changes primarily include text clean-up. Chapter 35 - Peddlers and Transient Merchants Policy direction needed on change regarding licensing of Peddlers. Chapter 36 - Planning, Zoning Changes primarily include text clean-up. Chapter 37 - Plumbing Chapter 38 - Police Relocation of Section 38.1-3 to Chapter 33, relocation of Article III to Chapter 32. Chapter 39 - Railroads Changes primarily include text clean-up. Chapter 40 - Solid Waste Chapter 41 - Streets, Sidewalks and Public Places Changes primarily include text clean-up. Chapter 42 - Subdivision Regulations Changes primarily include text clean-up. Some deletions made because items is addressed in State Code. Chapter 43 - Taxation Changes primarily include text clean-up. Chapter 44 - Utilities Changes primarily include text clean-up. Chapter 45 - Vegetation renamed as Trees and Weeds Changes primarily include text clean-up. Chapter 46 - Vehicles for Hire and Public Transportation Policy direction needed on changes. New Chapters: Transit - relocated from existing chapter. Changes primarily include text clean- up. Summary of Proposed City of Dubuque Code of Ordinance Changes Economic Development - items relocated from Community Development Chapter. Also indudes Urban Revitalization text. Right of Way - Includes language for utilities and communication systems in ROW. Swimming Pools - Includes language originally under Building Chapter. Changes primarily indude text clean-up.