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East-West Corridor Moratorium ExtensionCopyrighted July 18, 2022 City of Dubuque Action Items # 03. City Council Meeting ITEM TITLE: East-West Corridor Moratorium Extension SUMMARY: City Manager recommending approval of an ordinance extending the moratorium for construction, subdivision review, and site plan approval in the East-West Corridor Study Area for three years. ORDINANCE Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 2 Building Construction, Demolition and Moving, Section 14-2-4 Moratorium for Construction or other work on certain Streets, Areas, or Facilities SUGGESTED Suggested Disposition: Receive and File; Motion B; Motion DISPOSITION: ATTACHMENTS: Description Type East-West Corridor Moratorium Extension-MVM Memo City Manager Memo Staff Memo Staff Memo Ordinance Ordinance East - West Corridor Map Supporting Documentation THE C DUjIBQTE Masterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: East-West Corridor Moratorium Extension DATE: July 13, 2022 Dubuque WAWca 914 ii 2007-2012.2013 2017*2019 Planning Services Manager Wally Wernimont and Assistant Engineer Bob Schiesl are recommending approval of an ordinance extending the moratorium for construction, subdivision review, and site plan approval in the East-West Corridor Study Area for three years. I concur with the recommendation and respectfully request Mayor and City Council approval. v Mic ael C. Van Milligen MCVM:sv Attachment CC' Crenna Brumwell, City Attorney Cori Burbach, Assistant City Manager Wally Wernimont, Planning Services Manager Gus Psihoyos, City Engineer Bob Schiesl, Assistant City Engineer THE C DUUB_-'&__TE, Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager FROM: Wally Wernimont, Planning Services Manager Bob Schiesl, Assistant City Engineer SUBJECT: East-West Corridor Moratorium Extension DATE: July 11, 2022 Dubuque All -America City -1, M L, IVR I I & 11 1I�II®r 2007.2012.2013 2017*2019 INTRODUCTION This memorandum transmits an ordinance which extends the moratorium for construction, subdivision review, and site plan approval in the East-West Corridor Study Area. The ordinance and supporting documentation are enclosed. BACKGROUND The U.S. 20 corridor in Dubuque is the primary east -west route in the City. Future traffic projections indicate that U.S. 20 alone will not provide sufficient capacity for east -west travel in the City. Capacity along alternate east -west corridors will need to be improved to provide connectivity between the western growth areas and downtown. With assistance of a consultant, the City analyzed east -west traffic flow in the City and identify corridor improvements or modifications needed to support growing traffic demands. Additionally, consideration was given to transit needs, pedestrian needs and sustainability. The East-West Corridor is subject to continuing implementation of a long-range plan. The existing development moratorium for the East-West Corridor is nearing expiration. Premature development could interfere with this critical transportation project. In December 2021, the City of Dubuque hired HDR, Inc. of Omaha, Nebraska, to complete the Preliminary Engineering Design and Environmental Clearance Phase to advance the development of East-West Corridor Capacity Improvements along University Avenue at the intersections at Loras Boulevard, Asbury Road, and Pennsylvania Avenue. The proposed moratorium will provide City staff and the consultant the time needed to evaluate the impact to property along the corridor in terms of property acquisition, site development, and land use. The proposed roundabouts and right-of-way acquisitions Set for Public Hearing — East-West Corridor Moratorium Extension Page 2 outlined in HDR's final version of the East-West Corridor Connectivity Study have the potential to impact adjacent property in terms of access, land use, and site development. The moratorium will have the effect of limiting property improvements along the corridor for the duration of the moratorium. Such improvements, if allowed to proceed, could raise the cost to the City for future construction of improvements in the corridor. The East-West Corridor Moratorium was established in 2012. The moratorium was extended yearly from 2012 to 2016. Starting in 2016, the moratorium was then extended in three-year increments. This includes time periods from 2016-2019 and 2019-2022. The attached ordinance extends the moratorium for the East-West Corridor an addition three years to August 1 st of 2025. RECOMMENDATION The Planning Services Department and Engineering Department request and recommend the City Council approve the ordinance to extend the moratorium for the East/West Corridor Study Area for three years. Enclosures cc: Crenna Brumwell, City Attorney Gus Psihoyos, City Engineer Alexis Steger, Housing & Community Development Director Michael Belmont, Assistant Housing & Community Development Director Chris Lester, Water Department Manager Shena Moon, Associate Planner Prepared by: Wally Wernimont, City Planner, 50 W. 13th Street, Dubuque, IA 52001, 563-589-4210 Return to: Adrienne Breitfelder, City Clerk, 50 W. 13'h Street, Dubuque, IA 52001, 563-589-4121 ORDINANCE NO. 26-22 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND DEVELOPMENT, CHAPTER 2 BUILDING CONSTRUCTION, DEMOLITION AND MOVING, SECTION 14-2-4 MORATORIUM FOR CONSTRUCTION OR OTHER WORK ON CERTAIN STREETS, AREAS OR FACILITIES Whereas, with assistance of a consultant, the City analyzed east -west traffic flow in the City and identify corridor improvements or modifications needed to support growing traffic demands; and Whereas, since 2012, the City Council has established and extended an East — West Corridor Moratorium to limit property improvements in the corridor; and Whereas, in December 2021, the City of Dubuque hired HDR, Inc. of Omaha, Nebraska, to complete the Preliminary Engineering Design and Environmental Clearance Phase to advance the development of East-West Corridor Capacity Improvements along University Avenue at the intersections at Loras Boulevard, Asbury Road, and Pennsylvania Avenue; and Whereas, the proposed moratorium will provide City staff and the consultant the time needed to evaluate the impact to property along the corridor in terms of property acquisition, site development, and land use; and Whereas, on August 16, 2022, the East — West Corridor Moratorium is set to expire. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. City of Dubuque Code of Ordinances Section 14-2-4 is amended to read as follows: 14-2-4: MORATORIUM FOR CONSTRUCTION OR OTHER WORK ON CERTAIN STREETS, AREAS OR FACILITIES: A. East-West Corridor Study Area: The City Manager may not issue any permit for any new construction or substantial enlargement, alteration, repair or remodeling of any structure, building, or sign in the east -west corridor study area as shown on the map on file in the Office of the City Clerk, but not to include demolition or emergency repairs without the approval of the City Council, from the effective date hereof to August 1, 2025, except where a vested right to the issuance of such permit accrued prior to the effective date hereof. Section 2. This ordinance shall take effect upon publication. Passed, approved, and adopted this 18th day of July 2022. CawigEagh, Mayor Attest: 9 4&W70 A Adrienne N. BreitFelder, City Clerk EFFECT OF AMENDMENT 14-2-4: MORATORIUM FOR CONSTRUCTION OR OTHER WORK ON CERTAIN STREETS, AREAS OR FACILITIES: A. East-West Corridor Study Area: The City Manager may not issue any permit for any new construction or substantial enlargement, alteration, repair or remodeling of any structure, building, or sign in the east -west corridor study area as shown on the map on file in the Office of the City Clerk, but not to include demolition or emergency repairs without the approval of the City Council, from the effective date hereof to August 1, 2025, except where a vested right to the issuance of such permit accrued prior to the effective date hereof. STATE OF IOWA SS: DUBUQUE COUNTY CERTIFICATE OF PUBLICATION I, Kathy Goetzinger, 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: 07/22/2022 and for which the charge is 31.39 Subscribed to be ore me, a Nota Pi lic in and for Dubuque County, Iowa, this 25th day of July, 2022 Notary P bl' • in and for Dubuque Corinty, Iowa. �•% JANET K. PAP Com amisslon Number 199559 MY Comm, Exp. DEC 11, 2022 Ad text : OFFICIAL PUBLICATION ORDINANCE NO. 26-22 AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND DEVELOPMENT, CHAPTER 2 BUILDING CONSTRUCTION, DEMOLITION AND MOVING, SECTION 14-2-4 MORATORIUM FOR CONSTRUCTION OR OTHER WORK ON CERTAIN STREETS, AREAS OR FACILITIES Whereas, with assistance of a consultant, the City analyzed east -west traffic flow in the City and identify corridor improvements or modifications needed to support growing traffic demands; and Whereas, since 2012, the City Council has established and extended an East-West Corridor Moratorium to limit property improvements in the corridor; and Whereas, in December 2021, the City of Dubuque hired HDR, Inc. of Omaha, Nebraska, to complete the Preliminary Engineering Design and Environmental Clearance Phase to advance the development of East-West Corridor Capacity Improvements along University Avenue at the intersections at Loras Boulevard, Asbury Road, and Pennsylvania Avenue; and Whereas, the proposed moratorium will provide City staff and the consultant the time needed to evaluate the impact to property along the corridor in terms of property acquisition, site development, and land use; and Whereas, on August 16, 2022, the East West Corridor Moratorium is set to expire. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. City of Dubuque Code of Ordinances Section 14-2-4 is amended to read as follows: 14-2-4: MORATORIUM FOR CONSTRUCTION OR OTHER WORK ON CERTAIN STREETS, AREAS OR FACILITIES: A. "East-West Corridor Study Area: The City Manager may not issue any permit for any new construction or substantial enlargement, alteration, repair or remodeling of any structure, building, or sign in the east -west corridor study area as shown on the map on file in the Office of the City Clerk, but not to include demolition or emergency repairs without the approval of the City Council, from the effective date hereof to August 1, 2025, except where a vested right to the issuance of such permit accrued prior to the effective date hereof. Section 2. This ordinance shall take effect upon publication. Passed, approved, and adopted this 18th day of July 2022. /s/Brad M. Cavanagh, Mayor Attest: /s/Adrienne N. Breitfelder, City Clerk Published officially in the Telegraph Herald newspaper on the 22nd day of July, 2022. /s/Adrienne N. Breitfelder, City Clerk It 7/22