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