East West Corridory Study Development MoratoriumMasterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Construction and Development Moratorium
East -West Corridor Connectivity Study Area
DATE: February 16, 2012
Dubuque
bierd
All-America City
1
2007
City Engineer Gus Psihoyos and Associate Planner Kyle Kritz recommend City Council
establishment of a construction and development moratorium for commercial and
residential properties located within the East -West Corridor Connectivity Study area.
The proposed construction and development moratorium will prohibit the issuance of
any commercial or residential building permits in the moratorium area through
August 20, 2012, with the exception of demolition permits or permits for emergency
repairs, without the approval of the City Manager.
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 improvements to property 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.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
k;11709
Michael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Gus Psihoyos, City Engineer
Laura Carstens, Planning Services Manager
Kyle Kritz, Associate Planner
2
Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
Kyle Kritz, Associate Planner
SUBJECT: Construction and Development Moratorium
East -West Corridor Connectivity Study Area
DATE: February 16, 2012
INTRODUCTION
Dubuque
kard
All- America city
1.'
2007
The purpose of this memorandum is to recommend the establishment of a construction
and development moratorium for commercial and residential properties located within the
East -West Corridor Connectivity Study area as shown on the attached Exhibit A.
BACKGROUND
In August, 2007, the City Council listed the completion of the East - West Corridor
Connectivity Study as a "High- Priority" in its Goals and Priorities for Policy Agenda. The
US 20 corridor is the primary east -west route in the City of Dubuque and future traffic
projects indicate US 20 alone will not provide sufficient capacity for east -west travel in the
city. Capacity along alternate east -west corridors within the City will need to be improved
to provide connectivity between the western growth areas and the downtown.
To achieve this goal, the City retained the professional consultant services of HDR
(Omaha, Nebraska) and I IW Engineers & Surveyors, PC (Dubuque) to complete the East -
West Corridor Connectivity Study. The purpose of the study was to: analyze the east -
west traffic flow in the City; identify corridor improvements or modifications to support
growing traffic demands; and to consider transit needs, pedestrian needs, and
sustainability.
On November 17, 2009 the Engineering Department presented the East -West Corridor
Connectivity Study Draft Report the City Council during a work session. After discussion
of the various design alternatives contained in the report for each of the four corridors, the
work session concluded with a unanimous endorsement of the report's concepts by the
City Council and direction that the Engineering Department should proceed with an
implementation plan.
HDR issued the "Final" version of the East -West Corridor Connectivity Study which is
dated September 2010.
Since the last November, 2009 work session, the Engineering Department has developed
a prioritized list of Capital Improvement Projects (CIP) involving the four east -west
corridors and included the highest priority projects each subsequent year as part of the
annual budget adoption proceedings. A list of the improvement CI P's that are currently
programmed in the City's Five -Year Capital Improvement budget are as follows:
CIP No.
Project Description
Funding
Amount
Year
Programmed
3002324
University & Asbury Intersection Improvements
$490,000
2012 - 2013
3001039
East -West Corridor Study Preliminary
Engineering
$200,000
2016
Additionally, the City has retained the services of Ourston Roundabout Engineering in the
amount of $18,000 to perform a roundabout study and to develop a preliminary design
layout for the University & Asbury Intersection location.
DISCUSSION
The proposed construction and development moratorium will prohibit the issuance of any
commercial or residential building permits in the moratorium area, with the exception of
demolition permits or permits for emergency repairs, without the approval of the City
Manager.
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 improvements to property 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.
RECOMMENDATION
I recommend that the City Council adopt the attached ordinance establishing the
construction and development moratorium for the area as shown on the attached Exhibit
A.
ACTION REQUESTED
I respectfully request that the City Council adopt the attached ordinance establishing the
construction and development moratorium for the area as shown on the attached Exhibit
A.
Prepared by Robert Schiesl, Assistant City Engineer
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Rich Russell, Building Services Manager
Laura Carstens, Planning Services Manager
Kyle Kritz, Associate Planner
Robert Schiesl, Assistant City Engineer
Ron Turner, PLS
ORDINANCE NO. 19 -12
AN 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 ADDING A NEW SUBSECTION B ESTABLISHING A
MORATORIUM ON THE ISSUANCE OF BUILDING PERMITS FOR COMMERCIAL
AND RESIDENTIAL CONSTRUCTION IN THE EAST -WEST CORRIDOR STUDY
AREA
Whereas, the City Council has approved the East -West Connectivity Study with
the goal of improving connectivity between the western growth areas of the City and the
downtown to analyze the east -west traffic flow in the City, identify corridor
improvements or modifications to support growing traffic demands, and to consider
transit needs, pedestrian needs, and sustainability; and
Whereas, the East -West Connectivity Study has identified the University Avenue -
Asbury Road corridor in the East -West Corridor Study Area as critical area for corridor
improvements and modifications; and
Whereas, the City Council finds that it is necessary to study further how such
improvements and modifications may affect land use and site development in the East -
West Corridor Study Area; and
Whereas, the City Council finds that it is in the best interest of the City and its
citizens to minimize the inconvenience and disruption to property owners in the study
area and to minimize property acquisition costs for construction in the East -West
Corridor Study Area and; and
Whereas, the City Council finds that that a moratorium for the East -West Corridor
Study Area will aid the City Council in its task of municipal planning and will play an
important role in bridging the gap between planning and implementation of such plans;
and
Whereas, the City Council finds that a moratorium on development and
construction will preserve the status quo while study of the area and its needs is
completed.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. City of Dubuque Code of Ordinances Title 14, Chapter 2, Section
12 -2 -4 is hereby amended by adding the following new Subsection B:
B. East -West Corridor Study area. The city manager shall 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 20,
2012, 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 20th day of February 2012.
Attest:
4110.O. -
Kevi . Firnstahl, C ty Cler
oy D. Buol, Mayor
THE CITY OF
DUB
Masterpiece on the Mississippi
East -West Corridor Connectivity Study
Construction and Development Moratorium
"DAGIS,
17011.1(711F AREA G_OGRArHIC INECRMATION SYSTEM
DISCLAIMER: This information was compiled
using the Dubuque Area Geographic Information System
(DAGIS), which includes data created by both the City of
Dubuque and Dubuque County. It Is understood that, while
the City of Dubuque and participating agencies utilized the
most current and accurate information available, DAGIS and
it's suppliers do not warrant the accuracy or currency of the
information or data contained herein. The City and participating
agencies shall not be held liable for any direct, Indirect, incidental,
unconsequential, punitive, o special damages, whether foreseeable or
foreseeable, arising out of the authorized or unauthorized use of
this data or the inability to use this data or out of any breach of
warranty whatsoever.
Moratorium Limits
EXHIBITA
Map Prepared by: TVVK
City of Dubuque
Engineering Division
50 West 13th Street
Dubuque, Iowa 52001
Phone: (563) 589 -4270
Fax: (563) 589 -4205
H: \Engineering \Maps for Staff
\Ron Turner \University Ave Concept
OFFICIAL
PUBLICATION
ORDINANCE NO.14 -12
AN ORDINANCE
AMENDING CITY OF
DUBUQUE CODE OF
ORDINANCES TITLE
14 BUILDING AND DE-
VELOPMENT, CHAP
TER 2 BUILDING,
CONSTRUCTION, DE-
MOLITION AND
MOVING, SECTIONI4-
2-4: MORATORIUM
FOR CONSTRUCTION
OR OTHER WORK;ON
CERTAIN
AREAS . OR F
TJES, BY. ADD IN . ' Jl,
NEW SUBSON
ESTABLISHING A
MORATORIUM ON
THE ISSUANCE OF
BUILDING PERMITS
FOR COMMERCIAL.
AND RESIDENTIAL
CONSTRUCTION IN
THE EAST -WEST
CORRIDOR STUDY
AREA
Whereas, the City
Council has approved
the East -West Con-
nectivity Study with
the goal of improving
connectivity between
the western growth
areas of the City and
the downtown to
analyze the east -west
traffic flow in the City,
identify corridor
improvements or modi-
fications to support
growing traffic
demands, and to
consider transit needs,
pedestrian needs, and
sustainability; and
Whereas, the East -
West Connectivity
Study has identified
the University Avenue -
Asbury Road corridor
in the East -West
Corridor Study Area as
critical area for
corridor improvements
and modifications; and
Whereas, the City
Council finds that it is
necessary to study
further how such
improvements and
modifications may
affect land use and site
development in the
East -West Corridor
Study Area and
Whereas, the City
Council finds that it is
in the best interest of
the City and its citizens
to minimize the
inconvenience and
disruption to property
owners in the study
area and to minimize
property acquisition
costs for construction.
in • the East -West
Corridor Study Area
and; and
Whereas, the City
Council finds that that
a moratorium for the
East -West Corridor
Study Area will aid the
City Council in its task
of. municipal planning
and will play an
important role in
bridging . the gap
between planning and
implementation of
such plans; and
Whereas, the City
Council finds that a
moratorium on devel-
opment and construc-
tion will preserve the
status quo while study
of the area and its
needs is completed.
NOW, THEREFORE, BE
IT ORDAINED BY THE
CITY COUNCIL OF THE
CITY OF DUBUQUE,
IOWA:
Section 1. City of
Dubuque Code of
Ordinances Title 14,
Chapter 2, Section 12 -2-
4 is hereby amended
by adding the following
new Subsection B:
B. East -West Cor-
ridor Study area. The
city manager shall not
issue any permit for
any new construction
or substantial enlarge-
ment, 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 20,
2012, except where a
vested right to the
issuance of such
permit accrued prior to
the effective .date
hereof. ,
Section 2. This Ordi-
nance shall take effect
upon publication.'
Passed, approved and
adopted this 20th day
of February 2012.
/s/ Rby D. Buol, Mayor
Attest:
/s/ Kevin S. Firnstahl, -
City Clerk
Published officially in
the Telegraph Herald
Newspaper this 24th
day of February, 2012.
/s/ Kevin S. Firnstal,
City Clerk
It 2/24
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: February 24, 2012, and for which the charge is $32.91.
,S,„„Pip
Subscribed to before me, a Notary Public in and for Dubuque County, Iowa,
this J7z day of_ ,
Notary Public in and for Dubuque County, Iowa.
" P MARY K, WESTERMEYER
r,, N Commisalon Mumter 154285
_ {� tac ^� Ern EA. 1. 7fl•,,