Code of Ordinances Amendment - Title 10 Public Ways and Property Copyright 2014
City of Dubuque Action Items # 6.
ITEM TITLE: Code of Ordinances Amendment - Title 10 Public Ways and Property
Permit Requirements
SUMMARY: City Manager recommending approval of an ordinance revising Section
10-3D-2 Permit Requirements; Fees, authorizing the City Manager to
establish the fee amounts for accessibility-related encroachments or
encroachments that benefit the public.
ORDINANCE Amending City of Dubuque Code of Ordinances Title 10
Public Ways and Property, Chapter 3 Encroachments on Public Places,
Article D other Encroachments, Section 10-3D-2 Permit Requirements;
Fees to clarify how fees are set and for consistency with other codes
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Motion B; Motion A
ATTACHMENTS:
Description Type
❑ City Code Title 10 Public Ways and Property Revision-MVM Memo City Manager Memo
❑ Staff Memo Staff Memo
❑ Ordinance Ordinance
❑ Suggested Motion Supporting Documentation
THE CITY OF Dubuque
UBE I
erica .i
Masterpiece on the Mississippi 2007-2012-2013
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: City Code Title 10 Public Ways and Property Revision
DATE: November 30, 2015
City Engineer Gus Psihoyos recommends City Council approval of an ordinance
revising Section 10-3D-2 Permit Requirements; Fees, authorizing the City Manager to
be able to establish the fee amounts. By this revision, accessibility related
encroachments or encroachments that benefit the public may have a reduced or waived
license fee, as determined by the City Manager.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Micliael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Gus Psihoyos, City Engineer
THE ciTY OF l)Uke
DUBNI AmericaCtry
Masterpiece on the Mississippi
2007•2Q 12•:Iqt
TO: Michael C. Van Milligen, City Man
FROM: Gus Psihoyos, City Engineer
SUBJECT: City Code Title 10 Public Ways and Property Revision
DATE: December 1, 2015
INTRODUCTION
This memo is in response to discussions held on license application fees for
encroachments of the public right of way and for clarity and consistency with other code
provisions.
DISCUSSION
During discussions regarding the irrevocable/revocable licenses fees for encroachments
of the public right of way and review of other code provisions regarding fees, it was
determined that section 10-3D-2 should be revised for consistency identifying the City
Manager as establishing the fee amounts.
By this revision, license fees would be determined by the City Manager. Currently the
one-time license application fee for an Irrevocable License is $650.00 and for a
Revocable License is $250.00, plus recording fees of approximately $30-$35.
Accessibility related encroachments or encroachments that benefit the public may have
the benefit of a 50% reduction or waived license fee, which would be determined by the
City Manager.
Attached is the ordinance for the revised section 10-3D-2 Permit Requirements; Fees
for your consideration.
ACTION TO BE TAKEN
It is requested that you review the revised section 10-3D-2 which identifies the City
Manager to establish and determine license fee and forward to the City Council for their
approval. The implementation of the reduced or waived fee for the exceptions would
occur immediately.
cc: Barry Lindahl, City Attorney
Crenna Brumwell, Asst. City Attorney
Jennifer Larson, Budget Director
Jane Smith
FAJANE SMITH\COUNCIL\10 3D 2 Permit fees Nov 2015
Prepared by: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589-4381
ORDINANCE NO. 73-15
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 10 PUBLIC WAYS
AND PROPERTY, CHAPTER 3 ENCROACHMENTS ON PUBLIC PLACES, ARTICLE
D OTHER ENCROACHMENTS, SECTION 10-3D-2 PERMIT REQUIREMENTS; FEES
TO CLARIFY HOW FEES ARE SET AND FOR CONSISTENCY WITH OTHER CITY
CODES
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 10-3D-2 of the City of Dubuque Code of Ordinances is
amended to read as follows:
10-3D-2: PERMIT REQUIREMENTS; FEES:
A. Permit Required: No person, firm or corporation shall place and/or maintain any
encroachment not otherwise provided for in this article in a public place without first
obtaining a permit therefor from the city manager and complying with all applicable
local, state and federal regulations.
B. Application For Permit: Any application for a permit under this article shall be filed
with the city manager on a form provided by the city manager.
C. Permit Fees: The applicant shall pay the permit fee as established by the city
manager for an encroachment at the time of the filing of an application.
Section 2. This Ordinance takes effect upon publication.
Passed, approved, and adopted the 7th day of December, 2015.
Attest:
Kevi i 5`Firnstahl, y Clerk
Lynn V. Sutton, Mayor Pro Tem
EFFECT OF AMENDMENT
10-3D-2: PERMIT REQUIREMENTS; FEES:
A. Permit Required: No person, firm or corporation shall place and/or maintain any
encroachment not otherwise provided for in this article in a public place without first
obtaining a permit therefor from the city manager and complying with all applicable
local, state and federal regulations.
B. Application For Permit: Any application for a permit under this article shall be filed
with the city manager on a form provided by the city manager.
C. Permit Fees: The applicant shall pay the permit fee as established by the city
managertG44e-s4s for an encroachment at the time of the filing of an application.
STATE OF IOWA {SS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher
of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County
of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper
on the following dates: December 11, 2015, and for which the charge is $16.56.
R�
Subscribed to before me, a Notary Public in and for Dubuque County, Iowa,
this /..'-1 day ofy�.C� �c� , 20 / 5 .
otary Public in and for Dubuque County, Iowa.
fr AAY K. WESTERMEYER
Commission Number 154885
4fii f°nmry Fxn FFB, 1, 90i7
OFFICIAL
PUBLICATION
ORDINANCE NO. 73-15
AMENDING CITY -OF
"DUBUQUE,'CODE OF `j
ORDINANCES TITLE
10 PUBLIC WAYS AND
PROPERTY, CHAPTER
3 ENCROACHMENTS
ON PUBLIC PLACES,
ARTICLE D OTHER
ENCROACHMENTS,
SECTION. 10-3D-2 PER-
MIT REQUIREMENTS;
FEES TO CLARIFY'
HOW FEES ARE SET
AND FOR ,CONSIS-
TENCY WITH OTHER
CITY CODES
NOW, THEREFORE,
BE IT ORDAINED BY
THE CITY COUNCIL
OF.. THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 10-
; 3D -2
0;,3D-2 1, of ; the City " of
Duhuque =-Code of
Ordinances is amended
to read as follows:
10-30-2: " PERMIT
REQUIi2EMENTS; FEES:
A Permit Required:
No ";person, firm or
corporation shall place
and/or maintain any
encroachment not
otherwise provided for
in this article in a
public place, without
first obtaining a permit
therefor from the city',
manager and comply-
ing with
omply ing."with all applicable
local, state and `federal;
regulations.
B. Application for
Permit: Any application
for a permit under this
article shall be filed
with the city manager
on a form provided by
the city manager.
C. Permit Fees: The
applicant shall pay the
permit fee F` as estab-
lished by : the city
manager for an en-
croachment at the time
of the filing of an
application.
Section 2. This Ordi-
nance ,
rdi-nance; . takes effect
upon publication.
Passed,' approved,
and adopted the 7th
day of December, 2015.
/s/Lynn V.‘Sutton,.';
Mayor, Pro Tem
Attest /s/Kevin S.
Firnstahl, City Clerk
Publishedofficially' in
theTelegraph Herald
Newspaper on the llth
day of December, 2015.
/s/Kevin S. Firnstahl,
City Clerk
It 12/11,