East-West Corridor Moratorium Extension (First Reading) Copyrighted
August 19, 2019
City of Dubuque Action Items # 5.
ITEM TITLE: East-West Corridor Moratorium Extension
SUMMARY: City Manager recommending approval of a three-year
extension to the moratorium for construction, rezoning,
subdivision review, and site plan approval in the East-West
Corridor Study Area.
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 by Extending the Moratorium
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Motion B; Motion
A
ATTACHMENTS:
Description Type
East-West Corridor Moratorium Extension-MVM Memo City Manager Memo
Staff Memo Staff Memo
Corridor Map Supporting Documentation
Ordi nance Ordi nance
Suggested Motion Wording Supporting Documentation
Dubuque
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: East-West Corridor Moratorium Extension
DATE: August 12, 2019
Planning Services Manager Laura Carstens and Assistant City Engineer Bob Schiesl
recommend City Council approval of a three year extension to the moratorium for
construction, rezoning, subdivision review, and site plan approval in the East-West
Corridor Study Area.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
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Mic ael C. Van Milligen
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Attachment
cc: Crenna Brumwell, City Attorney
Teri Goodmann, Assistant City Manager
Cori Burbach, Assistant City Manager
Laura Carstens, Planning Services Manager
Bob Schiesl, Assistant City Engineer
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TO: Michael Van Milligen, City Manager
FROM: Laura Carstens, Planning Services Manager �`��
Bob Schiesl, Assistant City Engineer '�ps
SUBJECT: East-West Corridor Moratorium Extension
DATE: August 9, 2019
Introduction
This memorandum transmits an ordinance which extends the moratorium for construction,
rezoning, subdivision review, and site plan approval in the East-West Corridor Study Area. Also
attached is a map of the corridor.
Discussion
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.
The proposed moratorium will provide City staff 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 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.
Previously, the moratorium has been extended on a yearly basis since its initial adoption in
2012 and then in 2016, the moratorium was extended for a three-year period to August 20,
2019. The attached ordinance extends the moratorium for the East-West Corridor for three
years to August of 2022.
Recommendation
The Planning Services Department and Engineering Department request and recommend an
extension of three years for the moratorium. The Legal Department concurs. We recommend
that the City Council review and approve the ordinance to extend the moratorium for the
East/West Corridor Study Area for three years.
Enclosures
cc: Crenna Brumwell, City Attorney
Maureen Quann, Assistant City Attorney
Gus Psihoyos, City Engineer
Kyle Kritz, Associate Planner
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Prepared by: Laura Carstens. Citv Planner Address: Citv Hall. 50 W. 13th St Telephone: 589-4210
Return to: Kevin FimstahL CiN Clerk Address: Citv Hall-50 W. 13t°St Telephone: 589-4121
ORDINANCE NO. -19
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 BY EXTENDING THE MORATORIUM.
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:
Section 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 16, 2022, 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 day of 2019.
Roy D. Buol, Mayor
Attest:
Kevin S. Firnstahl, City Clerk
Suggested Motion Wording for Ordinances - Motion B / Motion A
Motion B
I move to receive and file the communications and further move that the requirement
that a proposed Ordinance be considered and voted on for passage at two Council
meetings prior to the meeting at which is to be finally passed be suspended.
Second & vote called; then:
Motion A
I move final consideration and passage of the Ordinance.
Second & vote called
If Motion B does not pass:
I move to receive and file the communications and I move first (or second) consideration
of the Ordinance.
Upon third reading:
I move final consideration and passage of the Ordinance.