Code of Ordinances Amendment - Title 10 Historic Preservation Regulations Copyright 2014
City of Dubuque Action Items # 5.
ITEM TITLE: Code of Ordinances Amendment- Historic Preservation
SUMMARY: City Manager recommending approval of an Ordinance
correcting the reference for Historical Preservation to Title
16, Chapter 10, rather than the current Title 14, Chapter 6.
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-3 Compliance with Historic
Preservation Regulations by changing the reference
location of the Historic Preservation Commission
Applications and Procedures Provisions within the Code
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Motion B; Motion
A
ATTACHMENTS:
Description Type
Code Reference Correction-Historic Preservation - City Manager Memo
MVM 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: Code Reference Correction — Historic Preservation
DATE: February 25, 2016
During Sterling Codifiers' updating process it was found that a reference in Title 10 — Public
Ways & Property, Chapter 3 Encroachments on Public Places, Article D Other
Encroachments; part 3 Compliance with Historic Preservation Regulations currently
references regulations set forth in Title 14 Chapter 6. This is an error.
City Engineer Gus Psihoyos recommends City Council approval of an Ordinance
correcting the reference for Historical Preservation to Title 16, Chapter 10, rather than
the current Title 14, Chapter 6.
1 concur with the recommendation and respectfully request Mayor and City Council
approval.
Mic ael 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 Dubuque
DUB Q TE All-Ame icaC"
111111,
Masterpiece ori. the Mississippi 2007.2012.201.1
TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
SUBJECT: Code Reference Correction — Historic Preservation
DATE: February 23, 2016
INTRODUCTION
It has come to our attention that there is an error in the City Code reference listed in Title 10,
Chapter 3D-3: Compliance with Historic Preservation Regulations.
DISCUSSION
During Sterling Codifiers' updating process it was found that a reference in Title 10 — Public
Ways & Property, Chapter 3 Encroachments on Public Places, Article D Other
Encroachments; part 3 Compliance with Historic Preservation Regulations currently
references regulations set forth in Title 14 Chapter 6. This is an error.
Historic Preservation is now covered under Title 16 Unified Development Code, Chapter 10
Historic Preservation Commission Applications and Procedures. This change occurred
when the UDC was adopted in 2009 via ordinance 52-09 and requires changing the
reference in 10-3D-3.
ACTION TO BE TAKEN
I respectfully request approval to correct the reference for Historical Preservation to Title16,
Chapter 10 rather than the current Title 14 Chapter 6.
cc: Kevin Firnstahl, City Clerk
Crenna Brumwell, Asst. City Attorney
FAJANE SMITH\COUNCIL
Prepared by: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589-4381
ORDINANCE NO. 1-16
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-3 COMPLIANCE WITH HISTORIC
PRESERVATION REGULATIONS BY CHANGING THE REFERENCE LOCATION OF
THE HISTORIC PRESERVATION COMMISSION APPLICATIONS AND
PROCEDURES PROVISIONS WITHIN THE CODE
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 10-3D-3 of the City of Dubuque Code of Ordinances is
amended to read as follows:
10-3D-3: COMPLIANCE WITH HISTORIC PRESERVATION REGULATIONS:
The city manager shall not issue a permit for any encroachment which does not comply
with the regulations set forth in title 16, chapter 10 of this code.
Section 2. This Ordinance takes effect upon publication.
Passed, approved, and adopted the 7th day of March, 2016.
Attest:
Kevin Fi nstahl, City Cler
EFFECT OF AMENDMENT
10-3D-3: COMPLIANCE WITH HISTORIC PRESERVATION REGULATIONS:
The city manager shall not issue a permit for any encroachment which does not comply
with the regulations set forth in title 16, chapter 10'i"e 14, GhapteF F of this code.
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: March 11, 2016, and for which the charge is $13.33.
Subscribed to before me, a Notary Public in and for Dubuque County, Iowa,
this 450 day of � �'r�� , 20 /4
Notary Public in and for Dubuque County, Iowa.
OFFICIAL
PUBLICATION
ORDINANCE NO. 1-16
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-3
COMPLIANCE WITH
HISTORIC PRESER
VATION REGULA-
TIONS BY CHANGING.
THE REFERENCE
LOCATION OF THE
HISTORIC PRESERVA-
TION - COMMISSION
APPLICATIONS r AND
PROCEDURES 'PROVI-
SIONS WITHIN THE,'
CODE
NOW, THEREFORE,
BE IT. ORDAINED BY
MARY K. WESTERMEYER
Commission Number 154885
My Coma. Exp, FEB. 1, 2017
THE CITY COUNCIL
OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 10-
3D-3 of the City of
Dubuque Code " of
Ordinances is amended
'to read as follows:
10-3D-3: COMPLIANCE
WITH HISTORIC PRE-
SERVATION REGULA-
TIONS:
The city manager
shall not issue a permit
for any encroachment
which does not comply
with the regulations
—set --forth in title 16
chapter 10 of this code.`
Section 2. ,>This
Ordinance takes effect
upon publication.
Passed,approved,
and - adopted the 7th'
;day of March, 2016.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin
Firnstahl, City Clerk`
Published officially in
the, Telegraph Herald
newspaper on the 11th
day of March, 2016.
/s/Kevin S. Firnstahl,
City Clerk
1t 3/11