Code of Ordinances_SW Arterial and East/West Corridors MoratoriumMasterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Southwest Arterial Corridor and East/West Corridor Moratorium
DATE: June 21, 2013
Dubuque
kital
All- America City
II h/
2012
Planning Services Manager Laura Carstens is recommending adoption of four
ordinances which extend the moratoriums for construction, rezoning, subdivision review,
and site plan approval in the Southwest Arterial Corridor and the East/West Corridor
Study Areas.
Both corridors are subject to continuing implementation of long -range plans. Premature
development could interfere with these critical transportation projects.
The existing development moratoriums for both corridors are nearing expiration. The
Planning Services Department and Engineering Department request and recommend
an extension of 12 months for the moratoriums. The Legal Department concurs.
On June 17, 2013, the City Council approved a Memorandum of Understanding with the
Iowa Department of Transportation. This Memorandum of Understanding will lead to
the Iowa Department of Transportation taking over responsibility for the Southwest
Arterial project, which is now a City of Dubuque project. This would be accomplished
through a future Transfer of Jurisdiction Agreement, with the actual transfer occurring
after the Southwest Arterial is open to traffic.
The Southwest Arterial will be a 6.1 -mile, four -lane divided freeway between Highway
151/61 and Highway 20, which will provide an alternate, direct and efficient route for
traffic through southwestern Dubuque. The project is designed to reduce traffic
volumes and congestion on the local street system while supporting future growth to the
southwest of Dubuque toward the Dubuque Regional Airport. Unlike the Northwest
Arterial, there will be no stoplights or at -grade intersections on the Southwest Arterial.
Instead, access to the freeway will only be at the interchange locations.
The Southwest Arterial will also provide a direct connection from John Deere on the
north, through the industrial park (Highway 20) on the west, to the Dubuque Technology
Park (Highway 151/61) on the south. This will create a commercial transportation link to
support the statewide, national and global distribution of local commerce and the
continued growth and sustainability of Dubuque's regional economy.
The Southwest Arterial is the number one surface transportation priority for the Greater
Dubuque Development Corporation, the Dubuque Area Chamber of Commerce, the
East Central Intergovernmental Association, Dubuque Metropolitan Area Transportation
Study, Dubuque County and the City of Dubuque.
The project is currently in the final engineering design phase. Property acquisition and
archaeological and cultural resource mitigation phases of the project are also underway.
As of June 2013, the City has purchased 27 of the 43 impacted properties for a total
purchase expenditure of $5.9 million to -date.
The City has been moving forward with a phased approach to construct the Southwest
Arterial improvements that will provide immediate public benefits and create significant
construction efficiencies.
The first phase of construction began in September 2010, with the reconstruction of
North Cascade Road. The $3 million project provided for the reconstruction (grading,
paving and bridge) and realignment of North Cascade Road to allow the Southwest
Arterial to travel under the new North Cascade Road Bridge. The North Cascade Road
project was substantially completed in December 2012.
The second construction phase, the $5.1 million English Mill Road reconstruction
project will be bid in late 2013 or early 2014 and involves side road improvements that
will allow the highway to travel under the new English Mill Road Bridge.
The third construction phase, the $9 million Military Road reconstruction project, will be
bid in late 2013 or early 2014 and involves side road improvements that will allow the
highway to travel under the new Military Road Bridge.
The current available funding for the Southwest Arterial is $66.4 million, which includes
$32.8 million in federal appropriations, $17.8 million in state programmed funds, and
local funding in the amount of $15.8 million.
At current funding levels, there is a $68.7 million funding shortfall for the Southwest
Arterial to complete the $135 million four -lane freeway project with three interchanges.
The Iowa Department of Transportation Commission approved the five year plan on
Tuesday, June 11, 2013. The program budget includes $15 million in Fiscal Year 2015,
$20 million in Fiscal Year 2017, and $10 million in Fiscal Year 2018 for the Southwest
Arterial project.
On April 11, 2013, the DMATS Board voted to support the Iowa Department of
Transportation taking over this project.
The community has believed in this project for a long time and has believed in the ability
of the elected officials, local leaders and staff to get it done. That faith has proven to be
2
well placed. There are many hurdles left before we are all driving on that road, but we
certainly can see the light at the end of what has proven to be a very long tunnel.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Laura Carstens, Planning Services Manager
Gus Psihoyos, City Engineer
Bob Schiesl, Assistant City Engineer
3
Masterpiece on the Mississippi
Dubuque
htti
NI- America City
'IIIIa'
2012
TO: Michael Van Milligen, City Manager
FROM: Laura Carstens, Planning Services Manager
SUBJECT: Southwest Arterial Corridor and East/West Corridor Moratorium
Amendments
DATE: June 11, 2013
Introduction
This memorandum transmits four ordinances which extend the moratoriums for
construction, rezoning, subdivision review, and site plan approval in the Southwest
Arterial Corridor and the East/West Corridor Study Areas. Also attached are maps of
the two corridors.
Discussion
Both corridors are subject to continuing implementation of long -range plans. Premature
development could interfere with these critical transportation projects.
The existing development moratoriums for both corridors are nearing expiration. The
Planning Services Department and Engineering Department request and recommend
an extension of 12 months for the moratoriums. The Legal Department concurs.
Recommendation
I recommend that the City Council review and approve the four ordinances to extend the
moratoriums for the Southwest Arterial Corridor and East/West Corridor Study Areas.
Enclosures
cc: Barry Lindahl, City Attorney
Maureen Quann, Assistant City Attorney
Gus Psihoyos, City Engineer
Kyle Kritz, Associate Planner
F:\ USERS \MrettenblWPICOUNCIL \MEMO \SW arterial & east -west study moratorium ext MVM memo.doo
Prepared by: Maureen A. Quann, Esq. 300 Main Street Sulte 330 Dubuque IA 62001 563 - 583 -4113
ORDINANCE NO. 32 -13
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
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. Southwest Arterial Corridor: 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 southwest arterial corridor but not to include demolition,
as delineated on drawings on file in the city clerk's office, from the effective date hereof
to July 1, 2014, except where a vested right to the issuance of such permit accrued prior
to the effective date hereof.
B. 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 20,
2014, except where a vested right to the issuance of such permit accrued prior to the
effective date hereof.
Section 2. This Ordinance takes effect upon publication.
Passed, approved, and adopted the 1st day of July
, 2013.
Attest:
Kevin S Firnstahl, City Clerk
EFFECT OF AMENDMENT
Section 14 -2 -4: Moratorium For Construction Or Other Work On Certain Streets, Areas
Or Facilities:
A. Southwest Arterial Corridor: 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 southwest arterial corridor but not to include demolition,
as delineated on drawings on file in the city clerk's office, from the effective date hereof
to July 1, 20132014, except where a vested right to the issuance of such permit accrued
prior to the effective date hereof.
B. 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 20,
2032014, except where a vested right to the issuance of such permit accrued prior to
the effective date hereof.
Prepared by: Maureen A. Quann, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 -583 -4113
ORDINANCE NO.33 -13
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 16 UNIFIED
DEVELOPMENT CODE, CHAPTER 9 ZONING ADVISORY COMMISSION
APPLICATIONS AND PROCEDURES, SECTION 16 -9 -5 -3 CITY COUNCIL ACTION
BY EXTENDING MORATORIUM
Section 1. City of Dubuque Code of Ordinances Section 16 -9 -5 -3 is amended to
read as follows:
Section 16- 9 -5 -3: City Council Action:
D. Moratorium For Rezonings In The Southwest Arterial Corridor: The city council
may not give final approval to any zoning reclassification (rezoning) request for property
in the southwest arterial corridor that lies within the corporate limits of the city of
Dubuque, as delineated on drawings on file in the city clerk's office, from the effective
date hereof to July 1, 2014, except where a vested right to the issuance of such
• approval accrued prior to the effective date hereof.
Section 2. This Ordinance takes effect upon publication.
Passed, approved, and adopted the lst day of July , 2013.
Attest:
Kevi S. Firnstahl, ity Clerk
a L,"
• Roy D. B»bI, Mayor
EFFECT OF AMENDMENT
Section 16- 9 -5 -3: City Council Action:
D. Moratorium For Rezonings In The Southwest Arterial Corridor: The city council
may not give final approval to any zoning reclassification (rezoning) request for property
in the southwest arterial corridor that lies within the corporate limits of the city of
Dubuque, as delineated on drawings on file in the city clerk's office, from the effective
date hereof to July 1, 20-1- 32014, except where a vested right to the issuance of such
approval accrued prior to the effective date hereof.
Prepared by: Maureen A. Quann, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 - 583 -4113
ORDINANCE NO. 34 -13
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 16 UNIFIED
DEVELOPMENT CODE, CHAPTER 11 LAND SUBDIVISION, SECTION 16.11-2
APPLICABILITY BY EXTENDING THE MORATORIUM
Section 1. City of Dubuque Code of Ordinances Section 16 -11 -2 is amended to
read as follows:
Section 16 -11 -2: Applicability:
C. Southwest Arterial Corridor Subdivision Review: A proposed plat that divides any
parcel within the southwest arterial corridor into two (2) or more lots, and any
preliminary plat within the southwest arterial corridor must be submitted to the city
council for review. No plat for any subdivision or resubdivision of property in the
southwest arterial corridor, as delineated on drawings on file in the city clerk's office,
may be approved by the city council, from the effective date hereof to July 1, 2014,
except where a vested right to the issuance of such approval accrued prior to the
effective date hereof.
Section 2. This Ordinance takes effect upon publication.
Passed, approved, and adopted the 1st day of July , 2013.
Roy D. Btf, Mayor
Attest:
/7,0°' ,
•PAPP-
5_,B74
. Kevin S. Firnstahl, City Clerk
EFFECT OF AMENDMENT
Section 16 -11 -2: Applicability:
C. Southwest Arterial Corridor Subdivision Review: A proposed plat that divides any
parcel within the southwest arterial corridor into two (2) or more lots, and any
preliminary plat within the southwest arterial corridor must be submitted to the city
council for review. No plat for any subdivision or resubdivision of property in the
southwest arterial corridor, as delineated on drawings on file in the city clerk's office,
may be approved by the city council, from the effective date hereof to July 1, 20-1- 32014,
except where a vested right to the issuance of such approval accrued prior to the
effective date hereof.
Prepared by: Maureen A. Quann, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563- 583 -4113
ORDINANCE NO. 35 -13
AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES TITLE 16 UNIFIED
DEVELOPMENT CODE, CHAPTER 13 SITE DESIGN STANDARDS, SECTION 16 -13-
2 APPLICABILITY BY EXTENDING THE MORATORIUM
Section 1. City of Dubuque Code of Ordinances Section 16 -13 -2 is amended to
read as follows:
Section 16 -13 -2: Applicability:
E. Moratorium For Site Plans In The Southwest Arterial Corridor: The city planner
may not issue conditional or final approval for any site plan filed for property in the
southwest arterial corridor that lies within the corporate limits of the city of Dubuque, as
delineated on drawings on file in the city clerk's office, from the effective date hereof to
July 1, 2014, except where a vested right to the issuance of such approval accrued prior
to the effective date hereof.
Section 2. This Ordinance takes effect upon publication.
Passed, approved, and adopted the 1st day of July , 2013.
Attest:
EPP 414
4.tr7/ •1111111
Kevin . Firnstahl, City erk
Roy D. B , Mayor
EFFECT OF AMENDMENT
Section 16 -13 -2: Applicability:
E. Moratorium For Site Plans In The Southwest Arterial Corridor: The city planner
may not issue conditional or final approval for any site plan filed for property in the
southwest arterial corridor that lies within the corporate limits of the city of Dubuque, as
delineated on drawings on file in the city clerk's office, from the effective date hereof to
I July 1, 2032014, except where a vested right to the issuance of such approval accrued
prior to the effective date hereof.
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Legal Notices
OFFICIAL '
PUBLICATION
ORDINANCE NO. 32-13
AMENDING CITY OF
DUBUQUE CODE OF
ORDINANCES TITLE
14 BUILDING AND DE-
VELOPMENT, CHAP-
TER 2 BUILDING CON-
STRUCTION, DEMOLI-
TION AND MOVING,
SECTION 14-2 -4 MOR-
ATORIUM FOR CON-
STRUCTION OR OTH-
ER WORK ON CER-
TAIN STREETS,
AREAS OR FACILITIES
BY EXTENDING THE
MORATORIUM
Section 1. City of Du-
buque Code of Ordi-
nances Section 14-2 -4
is amended to read as
follows:
Section 14 -2-4: mora-
torium For Construc-
tion Or Other Work On
Certain Streets, Areas
Or Facilities:
A. Southwest Arterial
Corridor. The city man-
ager may not issue any
permit for any new
construction or sub-
stantial enlargement,
alteration, repair or re-
modeling of any struc-
ture, building, or sign
in the southwest arteri-
al torridor but not to
include demolition, as
delineated on drawings
on file in the city
clerk's office, from the
effective date hereof to
July 1, 2014, except
where a vested right to
the issuance of such
permit accrued prior to
the effective date here-
of.
B. East -West Corridor
Study Area: The city
manager may not issue
any permit for any new
construction or sub-
stantial enlargement,
alteration, repair or re-
modeling of any struc-
ture, building, or sign
in the east -west corri-
dor study area as
shown on the map on
file in the office of the
city clerk, but not to in-
chide demolition or
emergency repairs,
without the approval of
the city council, from
the effective date here-
of to August 20, 2014,
except where a vested
right to the issuance of
such permit accrued
prior to the effective
date hereof.
Section 2. This Ordi-
nance takes effect
upon publication.
Passed, approved,
and adopted the 1st
day of July, 2013.
/s /Roy D. Buoi, tvlayor
Attest: /s /Kevin S.
Firnstahl, City Clerk
Published officially in
the Telegraph Herald
newspaper on the 5th
day of July, 2013.
/s /Kevin S. Firnstahl,
City Clerk
It 7/5
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: July 05, 2013, and for which the charge is $19.78.
Subscribed to befor a Notary Public in and for Dubuque County, Iowa,
this //0 day o , 20 /3
Notary Public in and for Dubuque County, Iowa.
--
MARY K. WESTERMEYSR
Commission Number 134085
OFFICIAL
• PUBLICATION
ORDINANCE NO. 33-13
AMENDING CITY OF 1
DUBUQUE CODE OF
ORDINANCES TITLE
16 UNIFIED DEVELOP-
MENT CODE, CHAP-
TER 9 ZONING. ADVI-
SORY COMMISSION
APPLICATIONS AND
PROCEDURES, SEC-
TION 16-9-5-3 CITY
COUNCIL ACTION BY
EXTENDING MORA-
TORIUM
Section 1. City of Du-
buque Code of Ordi-
nances Section 16 -9 -5-
3 is amended to read
as follows:
Section 16- 9 -5 -3: City
Council Action:
D. Moratorium For
Rezonings In The
Southwest Arterial Cor-
ridor: The city council
may not give final ap-
proval to any zoning
reclassification (re-
zoning) request for
property in the south-
west arterial corridor
that lies within the cor-
porate limits of the city
of Dubuque, as de-
lineated on drawings
on, file in the city
clerk's office, from the
effective date hereof to
July 1, 2014, except
where a vested right to
the issuance of such
approval accrued prior
to the .effective date
hereof.
Section 2. This Ordi-
nance takes effect
upon publication.
Passed, approved,
and adopted the 1st
day of July, 2013.
/s /Roy D. Buol, Mayor
Attest: /s /Kevin S.
Firnstahl, City Clerk
Published officially in
the Telegraph Herald
newspaper on the 5th
day of July, 2013.
/s /Kevin S. Firnstahl,
City Clerk
1t 7/5
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: July 05, 2013, and for which the charge is $13.76.
Rho
Subscribed to before me otary Public in and for Dubuque County, Iowa,
this /Ay, day of , 20 !3 .
Notary Public in and for Dubuque County, Iowa.
MARY K, WESTERMEYER
Commission Number 154685
OFFICIAL
PUBLICATION
ORDINANCE NO. 34-13
AMENDING CITY OF
DUBUQUE CODE OF
ORDINANCES TITLE
16 UNIFIED DEVELOP-
MENT CODE, CHAP-
TER 11 LAND SUBDI-
VISION, SECTION 16-
11-2 APPLICABILITY
BY EXTENDING THE
MORATORIUM
Section 1. City of Du-
buque Code of Ordi-
nances Section 16 -11 -2
is amended to read as
follows:
Section 16 -11 -2: Ap-
plicability:
C. Southwest Arterial
Corridor Subdivision
Review: A proposed
plat that divides any
parcel within the
southwest arterial cor-
ridor into two (2) or
more lots, and any pre -
liminary plat within the
southwest arterial cor-
ridor must be submit-
' ted to the city council
for review. No plat for
any subdivision or
resubdivision of prop-
erty in the southwest
arterial corridor, as de-
lineated on drawings
on file in the city
clerk's office, may be
approved by the city
council, from the effec-
tive date hereof to July
1, 2014, except where a
vested right to the is-
suance of such appro-
val accrued prior to the
effective date hereof.
Section 2. This Ordi-
nance takes effect
upon publication.
Passed, approved,
and adopted the 1st
day of July, 2013.
/s/Roy D. Buol, Mayor
Attest: /s /Kevin S.
Firnstahl, City Clerk
Published officially in
the Telegraph Herald
newspaper on the 5th
day of July, 2013.
/s/Kevin 5. Firnstahl,
City Clerk
1t 7/5
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: July 05, 2013, and for which the charge is $14.19.
Subscribed to before me Notary Public in and for Dubuque County, Iowa,
this / /ix day of , 20 /J .
Notary Public in and for Dubuque County, Iowa.
MARY K. WESTERMEYER
Commission Number 154885
,aA
OFFICIAL
PUBLICATION
ORDINANCE NO. 35-13
AMENDING, THE
CITY OF " DUBUQUE
CODE OF ORDINAN-
CES TITLE 16 UNIFIED
DEVELOPMENT
CODE, CHAPTER 13
SITE DESIGN STAND-
ARDS, SECTION 16-
13 -2 APPLICABILITY
BY EXTENDING THE
MORATORIUM
Section 1. City of Du-
buque Code of Ordi-
nances Section 16 -13 -2
is "amended to read as
follows:
Section 16-13-2: Ap-
plicability:
` E. Moratorium For Site
Plans In The Southwest
Arterial Corridor. The
city planner may not
issue conditional or fi-
nal apOrozal for any
site plan1'iled for prop-
erty in the southwest
arterial corridor that
lies within the corpo-
rate limits of the city of
Dubuque, as delineated
on drawings on file in
the city clerk's office,
from the effective date
hereof to July 1, 2014,
except where a vested
right to the issuance of
such approval accrued
prior to the effective
date hilreof.
Section 2. This Ordi-
nance takes effect
upon publication.
Passed, approved,
and adopted the 1st
day of July, 2013.
/s /Roy D. Buol, Mayor
Attest: /s /Kevin S.
Firnstahl, City Clerk
Published officially in
the Telegraph Herald
newspaper on the 5th
day of July, 2013.
/s /Kevin S. Firnstahl,
City Clerk -
1t 7/5
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: July 05, 2013, and for which the charge is $12.90.
Subscribed to before me, a Notary Public in and for Dubuque County, Iowa,
this //z day of d , 20 /,1 .
11'/
Notary Public in and for Dubuque County, Iowa.
o*" e MARY K. WESTERMEYER
• Commission Number 154885
k AAv.�o"�;