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32nd St Detention Basin Bldg MoratoriumMEMORANDUM April 10, 2002 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Building Permit Moratorium--West 32nd Street Detention Basin Dubuque Public Works Director Mike Koch is recommending the establishment of an 18-month permit moratorium surrounding the existing West 32nd Street Detention Basin. Without a moratorium, home improvements could occur in the area that would increase the property acquisition cost for the West 32nd Street Detention Basin expansion that has been approved as a part of the Stormwater Management Plan. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Mike Koch, Public Works Director FROM: SUBJECT: CITY OF DUBUQUE, IOWA MEMORANDUM April 11,2002 Michael C. Van Milligen, City Manager Michael A. Koch, Public Works Director Building Permit Moratorium -W. 32nd INTRODUCTION This memo requests a moratorium surrounding the existing W. 32nd Street Detention Basin. Please see attachment map that illustrates the impacted properties. DISCUSSION In July of 2001, HDR Engineering outlined preliminary findings of the Drainage Basin Master Plan at a City Council workshop. One of the recommended improvements was the modification of the existing W. 32nd 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 August of 2001, during a City Council bus tour, a stop was made at the W. 32nd Street detention basin and HDR Engineering spoke at length for the need to increase the size of the existing detention cell. In December, 2001 the City Council approved the Drainage Basin Master Plan, and authorized City staff to request proposals from consulting engineering firms to help the City establish a stormwater utility. The Fiscal Year 2003 budget, approved by the City Council in March of 2002, included funding to hire a consulting engineering firm to help establish a stormwater utility. The purpose of the utility is to fund several of the improvements recommended in the Drainage Basin Master Plan. One of the improvements included in the FY2003 budget is the W. 32nd Street Detention Basin Improvements project. The estimated project schedule is: Design 2003 Property Acquisition 2003-04 Construction 2004 Without a moratorium, home improvements could occur in the area that would increase the property acquisition cost for the W. 32nd Street Detention Basin Improvement Project. To avoid this situation, the City of Dubuque Engineerng Division has requested that the City of Dubuque establish an 18-month building permit moratorium. To establish the moratorium, the City Council must approve the attached ordinance. RECOMMENDATION I recommend that the City Council establish the moratorium to expire October 1, 2003. CC: Rich Russell, Building Services Gus Psihoyos, Assistant City Engineer Deron Muehring, Engineering ORDINANCE NO. 36-02 AN ORDINANCE AMENDING CHAPTER 11 (BUILDINGS AND BUILDING REGULATIONS) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY ADDING A NEW SECTION '11.58.4 ESTABLISHING AN EIGHTEEN-MONTH MORATORIUM ON THE ISSUANCE OF PERMITS FOR WORK IN THE WEST 32ND 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 certain areas of the City, which will include the purchase of property necessary for said expansion; and Whereas, the Engineering Department has requested that the City Council adopt a moratorium for an eighteen-month period 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 and to minimize property acquisition costs during the design of the detention facility and basin and that a moratorium for the West 32nd Street Detention Basin Area should be adopted. NOW, THEREFORE, BE IT ORDIAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Chapter 11 (Buildings and Building Regulations) of the City of Dubuque Code of Ordinances is hereby amended by adding the following new Section 11-58.4: Section 11-58.4 Moratorium - for work in the West 32nd Street Detention Basin Area. The Building Official shall not issue any permit for any new construction or substantial enlargement, alteration, repair or remodeling, but not including demolition, of any structure, building, or sign in the West 32nd Street Detention Basin 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 date of publication of this ordinance to October 1, 2003, except where a vested right to the issuance of such permit accrued prior to April 18, 2002. Section 2. law. This Ordinance shall take effect upon publication, as provided by Passed, approved and adopted this 15th day of April, 2002. Attest: Jeanne F. Schneider, CMC, City Clerk day of April ,2002. Terrance M. Duggan, Mayor