Vacating Portions of Sanitary Sewer Utility Easements over Ichiban Realty, LLC property at 3187 University Drive_InitiateCity of Dubuque
City Council Meeting
Copyrighted
February 7, 2022
Items to be set for Public Hearing # 1.
ITEM TITLE: Vacating Portions of Sanitary Sewer Utility Easements over Ichiban
Realty, LLC property at 3187 University Drive in Dubuque
SUMMARY: City Manager recommending City Council approval to set a public
hearing for February 21, 2022 on vacating of portions of certain Sanitary
Sewer Utility Easements across Lot 1 of Sara S. and Edward R. Bartels
Addition, in the City of Dubuque, Iowa, said property owned by Ichiban
Realty, LLC. through adoption of a resolution.
RESOLUTION Intent to vacate and dispose of city interest in portions of
Sanitary Sewer Utility Easements over and across part of Lot 1 of Sara
S. and Edward R. Bartels Addition, in the City of Dubuque, Iowa
SUGGESTED Receive and File; Adopt Resolution(s), Set Public Hearing for February
DISPOSITION: 21, 2022Suggested Disposition:
ATTACHMENTS:
Description Type
Vacating Portions of Sanitary Sewer Utility Easements City Manager Memo
over Ichiban Realty, LLC-MVM Memo
Staff Memo Staff Memo
Resolution Resolutions
Exhibit Supporting Documentation
Area Map Supporting Documentation
Notice of Public Hearing Supporting Documentation
THE CITY OF
Dubuque
DUB TEE1.
All -America City
Masterpiece on the Mississippi
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Vacating Portions of Sanitary Sewer Utility Easements over Ichiban
Realty, LLC property at 3187 University Drive in Dubuque
DATE: February 1, 2022
City Engineer Gus Psihoyos is recommending City Council approval to set a public
hearing for February 21, 2022 on vacating of portions of certain Sanitary Sewer Utility
Easements across Lot 1 of Sara S. and Edward R. Bartels Addition, in the City of
Dubuque, Iowa, said property owned by Ichiban Realty, LLC. through adoption of a
resolution.
The property owners are in the process of making improvements to their restaurant
property at 3187 University Avenue. The proposed improvements include a restaurant
building (Ichiban Restaurant) expansion and parking lot expansion. A public sanitary
sewer was recently relocated by the owners in order to accommodate the proposed
parking lot expansion. The new sanitary sewer construction has been inspected and
approved by Engineering Department staff. The owners have granted a new utility
easement over the relocated sanitary sewer alignment. The City of Dubuque has
accepted and now owns and maintains the relocated public sanitary sewer utility.
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
Gus Psihoyos, City Engineer
THE CITYF
DUijB- El
Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
DATE: January 27, 2022
Dubuque
AII•Aneriea M
�1-1
2007-2012-2013
2017*2019
SUBJECT: Vacating Portions of Sanitary Sewer Utility Easements over Ichiban
Realty, LLC property at 3187 University Drive in Dubuque
INTRODUCTION
The purpose of the memorandum is to seek approval to set a public hearing for the
vacating of portions of certain Sanitary Sewer Utility Easements across Lot 1 of Sara S.
and Edward R. Bartels Addition, in the City of Dubuque, Iowa, said property owned by
Ichiban Realty, LLC.
BACKGROUND
The property owners are in the process of making improvements to their restaurant
property at 3187 University Avenue. The proposed improvements include a restaurant
building (Ichiban Restaurant) expansion and parking lot expansion. A public sanitary
sewer was recently relocated by the owners in order to accommodate the proposed
parking lot expansion. The new sanitary sewer construction has been inspected and
approved by Engineering Department staff. The owners have granted a new utility
easement over the relocated sanitary sewer alignment. The City of Dubuque has
accepted and now owns and maintains the relocated public sanitary sewer utility.
DISCUSSION
The sewer construction agreement between the City and the property owner requires
the City to now vacate portions of the old easements accordingly. The next step in this
process is to hold a public hearing to vacate the unneeded portions of the old sanitary
sewer easement. The City is responsible for vacating the former easement area.
The exhibit attached to the resolution and labelled Exhibit A shows the portions of the
original easements proposed to be vacated over and across Lot 1 of Sara S. and
Edward R. Bartels Addition, in the City of Dubuque, Iowa.
RECOMMENDATION
I would recommend that the portions of the original sanitary sewer utility easements
over Lot 1 of Sara S. and Edward R. Bartels Addition, in the City of Dubuque, Iowa as
indicated on the attached Exhibit A be vacated, and that a public hearing be set for the
disposal of the City's interest in the easement areas on February 21, 2022.
ACTION TO BE TAKEN
I respectfully request that a public hearing should be set for February 21, 2022 on the
disposal of the easement areas through adoption of the enclosed resolution.
Prepared by Nate Kieffer, PE/PLS
Prepared by: R. Nate Kieffer. City of Dubuque 50 W. 13th Street Dubuque IA 52001 (563) 589-4270
Return to Adrienne N. Breitfelder, City Clerk, 50 W. 131h St., Dubuque, IA 52001, (563) 589-4100
RESOLUTION NO. 48-22
RESOLUTION OF INTENT TO VACATE AND DISPOSE OF CITY INTEREST IN
PORTIONS OF SANITARY SEWER UTILITY EASEMENTS OVER AND ACROSS
PART OF LOT 1 OF SARA S. AND EDWARD R. BARTELS ADDITION, IN THE CITY
OF DUBUQUE, IOWA
Whereas, Ichiban Realty, LLC (Property Owner) is the current owner of Lot 1 of
Sara S. and Edward R. Bartels Addition and Lot 1-1-2-1 of Sara S. and Edward R. Bartels
Place at Center Grove in Mineral Lot 243, all in the City of Dubuque, Iowa; and
Whereas, a 20' wide Easement for Sanitary Sewer Utility was platted over a portion
of said Lot 1 of Sara S. and Edward R. Bartels Addition according to Instrument No. 6270-
02 and recorded in the office of the Dubuque County Recorder, and an 8' wide Easement
for Sanitary Sewer Utility was platted over a portion of said Lot 1 of Sara S. and Edward
R. Bartels Addition according to the document found in Plat Book 34 Page 98 and
recorded in the office of the Dubuque County Recorder; and
Whereas, the City of Dubuque had previously installed, owned and maintained a
public sanitary sewer in the 20' wide and 8' wide easements described above; and
Whereas, the Property Owner plans to construct a parking lot expansion (the
Improvement) across the common property line between Lot 1 of Sara S. and Edward R.
Bartels Addition and Lot 1-1-2-1 of Sara S. and Edward R. Bartels Place at Center Grove
in Mineral Lot 243, all in the City of Dubuque, Iowa; and
Whereas, the Improvement is proposed to be located over said public sanitary
sewer utility easements; and
Whereas, said public sanitary sewer will need to be relocated to accommodate the
construction of the Improvement and allow for the future maintenance of the said
relocated public sanitary sewer (Project); and
Whereas, City is requiring the Property Owner to construct the new public sanitary
sewer alignment and Developer will need to construct and carry out any other activities
associated with the Project in accordance with City approved plans and specifications;
and
Whereas, upon completion of the Project, the Property Owner wishes to dedicate
the relocated sanitary sewer utility and any associated easements, as required by the
City, to the City; and
Whereas, the Property Owner has constructed the Improvement and relocated the
public sanitary sewer main in order to accommodate the proposed Improvement; and
Whereas, the Property Owners have granted an Easement for Sanitary Sewer
Utility to the City of Dubuque for the relocated public sanitary sewer main per Instrument
No. 2021-00001903 recorded in the office of the Dubuque County Recorder; and
Whereas, the City of Dubuque has inspected and has assumed ownership and
maintenance of the relocated public sanitary sewer utility according to Resolution 9-21;
and
Whereas, the City of Dubuque is now responsible for vacating its interest in the
unneeded portions of the former sanitary sewer utility easements according to Instrument
No. 6270-02 and recorded in the office of the Dubuque County Recorder and the
document found in Plat Book 34 Page 98 and recorded in the office of the Dubuque
County Recorder, across Lot 1 of Sara S. and Edward R. Bartels Addition, in the City of
Dubuque, Iowa, as shown on the attached Exhibit A.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the City of Dubuque, intends to vacate and dispose of its interest
in a portion of certain sanitary sewer utility easements across Lot 1 of Sara S. and Edward
R. Bartels Addition, in the City of Dubuque, Iowa, as shown on the attached Exhibit A.
Section 2. That a public hearing on the intent to vacate and dispose of City interest
in portions of sanitary sewer utility easements according to Instrument No. 6270-02 and
recorded in the office of the Dubuque County Recorder and the document found in Plat
Book 34 Page 98 and recorded in the office of the Dubuque County Recorder, across Lot
1 of Sara S. and Edward R. Bartels Addition, in the City of Dubuque, Iowa, as shown on
the attached Exhibit A, is hereby set for the 21st day of February 2022, at the Historic
Federal Building, 350 W. 6ch Street, Dubuque, Iowa, beginning at 6:30 p.m., and the City
Clerk be and is hereby authorized and directed to cause a notice of public hearing on the
intent to vacate and dispose of said interest to be published in the manner as prescribed
by law.
Passed, approved and adopted this 7th day of February 2022.
Brad ..Mayor
Attest:�)
GGts/N,Ti�'✓n.� �! .tei2i�%Y,CC-?�
Adrienne N. Breitfelder, City Clerk
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20.00' PROP SAN,
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UTILITIES
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UNIVERSITY AVE PATCH STREET AS NECESSARY FOR
ATER SERVICE REMOVAL
MATCH EXISTING PAVEMENT/STONE TYPE
AND THICKNESS
GENERAL- NOTES: � m
1. ALL CONSTRUCTION IS TO BE PER 2020 EDITION OF SUDAS ALONG WITH THE CITY OF DUBUQUE 2020
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SUDAS SUPPLEMENTAL SPECIFICATIONS. c z
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2. ANY UTILITY EXCAVATION, SIDEWALK OR DRIVEWAY WORK IN RIGHT OF WAY REQUIRES PERMIT FROM Q U
CITY ENGINEERING, CALL 563.589.4270. W
\ / 3. PUBLIC PORTION OF DRIVEWAY (SIDEWALK & APPROACH) SHALL BE 8" PCC OVER 6" CRUSHED STONE (,
BASE
/ / \ 4. DOMESTIC WATER SERVICE/FIRE PROTECTION SYSTEM ARE REQUIRED TO HAVE AN APPROVED CROSS (n O
/ / / / CONNECTION CONTROL DEVICE INSTALLED PER UPC SECTION 603.2.7. TYPE OF DEVICE WILL BE Z N
DETERMINED BY DEGREE OF HAZARD. UPON INSTALLATION A TEST REPORT BY A CERTIFIED BACKFLOW o O
J.00 EXIST SAN / P / N
-WER EASEMENT / / ASSEMBLY TESTER SHALLB E SUBMITTED TO THE CITY OF DUBUQUE WATER DEPARTMENT LOCATED AT 925 (n
/ KERPER COURT, DUBUQUE, IOWA 52001 PRIOR TO OCCUPANCY OF THIS BUILDING. THE PRIMARY CONTACT > 6D
PERSON FOR THE CITY OF DUBUQUE IS CARL PLUMLEY, 563.589.4304. W N
5. ALL EXTERIOR LIGHTING SHALL HAVE 72' CUTOFF LUMINARIES. LIGHTING SHALL HAVE 1 FOOT CANDLE 0T P
�T SAN AT LINE AND RIGHT OF WAY
6. TOPSOIL SHALL BE STOCKPILED FOR USE IN FINAL GRADING. TOPSOIL SHALL BE PRESERVED AND
/ RESPREAD IN ALL AREAS NOT COVERED BY BUILDING, CONCRETE, ASPHALT, GRAVEL OR OTHER SUCH O O O
MATERIAL. N N N
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7. ALL DISTURBED AREAS NOT BEING RE -DISTURBED FOR 21 DAYS MUST BE STABILIZED WITH - N N N
TEMPORARY OR PERMANENT MEASURES WITHIN 14 DAYS. Q O oj
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8. VEGETATION IS TO BE PRESERVED IN ALL AREAS OUTSIDE OF THE GRADING LIMITS.
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9. INLET PROTECTION TO BE USED ON ALL INLETS DURING CONSTRUCTION. O O O
�X SAWN MIT 0196'. 10. TOPSOIL SHALL BE STRIPPED AND STOCKPILED AND RESPREAD NEAR PROJECT COMPLETION.
ii1 787.03 1" = 20' (22"X34") E
0JT-%96,.16\ 1" = 40' (11 "x17" 11. SITE SHALL BE FINAL SEEDED AND MULCHED AT COMPLETION OF CONSTRUCTION.
12. ANY NEW CONNECTIONS TO THE PUBLIC SANITARY SEWER SYSTEM SHALL BE INSPECTED BY THE CITY 4 'c
- OF OF DUBUQUE BUILDING SERVICE DEPARTMENT AND/OR ENGINEERING DEPARTMENT, PLEASE CALL ZU �' w
\ BUILDING SERVICE DEPARTMENT'S JASON MOURING ON 563-589-4150 OR CITY ENGINEERING ON Z 'a
563-589-4270 WITHIN 48 HOURS OF CONNECTION TO ARRANGE FOR INSPECTION. Q4 m 2
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13. MARK OR SET PROPERTY MONUMENTS CONTROLLING CONSTRUCTION AND MAINTAIN THROUGHOUT H __
1 \ CONSTRUCTION PERIOD.
LEGAL DESCRIPTION: PIN: 1027326001 uj O g
LOT 1-1-2-1 SARA S AND EDWARD R BARTELS PLACE AT CENTER GROVE AND N 00 v 00
PIN: 1027177006
LOT 1 OF SARA S AND EDWARD R BARTELS ADDITION w a
BOTH IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA N
PROPERTY OWNER: w
ICHIBAN REALTY, LLC
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3187 UNIVERSITY AVE
DUBUQUE, IA 52001
563.845.0698
LOT AREA:
EXISTING
105,368 SF = 2.42 AC TOTAL
3,693 SF BUILDINGS(3.5% COVERAGE)
- 29,902 SF DRIVE/WALKS (28.4% DRIVES) TOTAL IMPERVIOUS: 31.9%
71,773 SF GREEN (68.1% PERVIOUS)
PROPOSED
{ 105,368 SF = 2.42 AC TOTAL
56r 6,203 SF BUILDINGS(5.9% COVERAGE)
26,896 SF DRIVE/WALKS (25.5% DRIVES) TOTAL IMPERVIOUS: 31.4%
' L y 72,269 SF GREEN (68.6% PERVIOUS)
STORMWATER BMPs
1) PRESERVE EXISTING TREES
2) INSTALL A SNOUT BMP IN NORTH INLET
TOTAL DISTURBED AREA: 36,007 SF = 0.82 AC
PROPOSED CONSTRUCTION SCHEDULE
BEGIN CONSTRUCTION: AUGUST, 2020
COMPLETE CONSTRUCTION: NOVEMBER 20, 2020
CURRENT AND PROPOSED ZONING:
C3 - GENERAL COMMERCIAL
LANDSCAPING REQUIREMENTS
PROVIDE 4 TREES AND 6 SHRUBS PER CITY OF DUBUQUE UNIFIED DEVELOPMENT CODE
REQUIRED PERMEABLE AREA: 20% OF 29,940 SF = 5,988 SF
5,988 SF / 1,600 = 4 DECIDUOUS TREES SHALL BE MINIMUM OF 1 4 INCH CALIPER
AT 6"ABOVE BASE
*CONIFEROUS TREES SHALL BE A MINIMUM HEIGHT OF 6 FEET
**TREE REQUIREMENT IS OFFSET BY EXISTING TREES ON NORTH SLOPE TO REMAIN
5,988 / 1,000 = 6 SHRUBS
SHRUBS SHALL BE AT LEAST 18 INCHES HIGH OR IN A MINIMUM OF 3 GALLON POT
LANDSCAPING PLAN TO BE PROVIDED BY OTHERS
PARKING REQUIREMENTS
REQUIRED:
RESTAURANT SEATS: 155
@ 1 STALL PER 4 SEATS = 39 STALLS REQUIRED
EMPLOYEES ON MAXIMUM SHIFT:10
@ 1 STALL PER EMPLOYEE = 10 STALLS REQUIRED
TOTAL REQUIRED STALLS: 49
PROVIDED:
3 ADA STALLS
55 STD STALLS
58 TOTAL
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CITY OF DUBUQUE, IOWA
OFFICIAL NOTICE
PUBLIC NOTICE is hereby given that the Dubuque City Council will conduct a public
hearing on the 21St day of February 2022, at 6:30 p.m., in the Historic Federal Building,
350 W. 6t" Street, 2nd floor, Dubuque, Iowa, at which meeting the City Council proposes
to vacate and dispose of portions of sanitary sewer utility easements across:
Lot 1 of Sara S. and Edward R. Bartels Addition, in the City of Dubuque, Iowa
At the meeting, the City Council will receive in -person and virtual comments from any
resident or property owner of said City to the above action. The official agenda will be
posted the Friday before the meeting and will contain public input options. The City
Council agenda can be accessed at
https://cityofdubuque.novusagenda.com/AgendaPublic/ or by contacting the City Clerk's
Office at 563-589-4100, ctyclerk@cityofdubuque.org. At said time and place of public
hearings all interested citizens and parties will be given an opportunity to be heard for or
against said proposal.
Written comments regarding the above public hearings may be submitted to the City
Clerk's Office via email at ctyclerk@cityofdubuque.org or by mail to City Clerk's Office,
City Hall, 50 W. 13t" St., Dubuque, IA 52001, before said time of public hearing. At said
time and place of public hearings the City Council will receive any written comments
received by the City Clerk's Office before said time of public hearing.
Copies of supporting documents for the public hearings are on file in the City Clerk's
Office and may be viewed Monday through Friday between 8:00 a.m. and 5:00 p.m.
Individuals with limited English proficiency, vision, hearing, or speech impairments
requiring special assistance should contact the City Clerk's Office at (563) 589-4100, TDD
(563) 690-6678, ctyclerk@cityofdubuque.org as soon as feasible. Deaf or hard -of -hearing
individuals can use Relay Iowa by dialing 711 or (800) 735-2942.
Published by order of the City Council given on the 7t" day of February 2022.
Adrienne N. Breitfelder, City Clerk