Stoneman Road Reconstruction Project -Agreement with Hills and Dales Child Development Center, Inc.City of Dubuque
City Council Meeting
Consent Items # 010.
Copyrighted
May 2, 2022
ITEM TITLE: Stoneman Road Reconstruction Project -Agreement with Hills and
Dales Child Development Center, Inc.
SUMMARY: City Manager recommending City Council approval of an Agreement with
developer Hills and Dales Child Development Center, Inc. (Hills and
Dales) for the construction of public utility and roadway improvements at
the west end of Stoneman Road through adoption of a resolution.
RESOLUTION Approving an Agreement for Utility and Road
Improvements on Stoneman Road between the City of Dubuque, Iowa
and Hills and Dales Child Development Center, Inc.
SUGGESTED Suggested Disposition: Receive and File; Adopt Resolution(s)
DISPOSITION:
ATTACHMENTS:
Description Type
Stoneman Road Reconstruction Project - Agreement
with Hills and Dales Child Development Center, Inc. - City Manager Memo
MVM Memo
Staff Memo Staff Memo
Resolution Resolutions
Agreement Supporting Documentation
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Stoneman Road Reconstruction Project— Agreement with Hills and Dales
Child Development Center, Inc.
DATE: April 28, 2022
City Engineer Gus Psihoyos is recommending City Council approval of an Agreement
with developer Hills and Dales Child Development Center, Inc. (Hills and Dales) for the
construction of public utility and roadway improvements at the west end of Stoneman
Road through adoption of a resolution.
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
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TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
SUBJECT: Stoneman Road Reconstruction Project— Agreement with Hills and Dales
Child Development Center, Inc.
DATE: April 21, 2022
INTRODUCTION
This memo provides information regarding the approval of an Agreement with developer
Hills and Dales Child Development Center, Inc. (Hills and Dales) for the construction of
public utility and roadway improvements at the west end of Stoneman Road.
BACKGROUND
Stoneman Road currently serves Hills and Dales Child Development, the Kennedy Mall,
a dentist office complex, Tandem Tire, and the future Green State Credit Union facility.
The street has a cul-de-sac that was platted at the end of the street, but the cul-de-sac
was never constructed. Public Works have had issues with plowing the street and they
currently turn around in the Hills and Dales parking lot. Since there is no cul-de-sac, it
is difficult for Public Works to plow the street.
DISCUSSION
The preliminary plans for the upcoming Stoneman Road Reconstruction Project
originally included construction of a cul-de-sac in its originally platted location just to the
east of the existing Hills and Dales building. Because Hills and Dales are the only
property owner at the westerly terminus of Stoneman Road, staff had proposed the
relocation of the cul-de-sac nearer to the east lot line of the property. Moving the cul-
de-sac east decreases the amount of roadway the City needs to own and maintain and
allows Hills and Dales space for needed parking, and also reduces the overall cost of
the project to the City and assessments to the property owners.
The Agreement between the City and Hills and Dales requires the City to design and
construct the relocated cul-de-sac as part of the upcoming reconstruction project. The
City will be responsible for all surveying, platting, surveying, and conveyance
documents related to the street vacation, street right of way dedication, and associated
easements. The City will vacate the former cul-de-sac area for use by Hills and Dales
as a parking lot. Hills and Dales will dedicate the land needed for the newly located cul-
de-sac. The City will retain and Hills and Dales will dedicate certain easements
associated with the reconstruction project as shown on the attached agreement
document. Hills and Dales will take over ownership and maintenance of the existing
water main utility located in the vacated street/cul-de-sac area.
The parties have agreed the land transfers and utility easements as part of the project
are substantially equivalent in value. Hills and Dales has executed the attached
agreement.
RECOMMENDATION
I recommend that the City Council approve the Agreement with Hills and Dales for
construction of public utility and roadway improvements at the west end of Stoneman
Road including the relocation of the existing cul-de-sac.
ACTION TO BE TAKEN
I respectfully request approval of the Agreement with Hills and Dales for construction of
public utility and roadway improvements at the west end of Stoneman Road through the
adoption of the enclosed resolution.
Prepared by: Nate Kieffer, PE/PLS
cc: Bob Schiesl, Assistant City Engineer
Jon Dienst, Civil Engineer II
Prepared by Nate Kieffer City of Dubuque Engineering 50 W 13'" St Dubuque Iowa 52001 (563)589 4270
Return to Adrienne N. Breitfelder City of Dubuque City Clerk 50 W 13'" St Dubuque, Iowa 52001 (563)589-4100
RESOLUTION NO. 170-22
APPROVING AN AGREEMENT FOR UTILITY AND ROAD IMPROVEMENTS ON
STONEMAN ROAD BETWEEN THE CITY OF DUBUQUE, IOWA AND HILLS AND
DALES CHILD DEVELOPMENT CENTER, INC.
Whereas, the City intends to reconstruct Stoneman Road which will include roadway
improvements, sidewalk installation, and utility improvements; and
Whereas, the City plans to relocate the cul-de-sac which requires acquisition of
additional right-of-way from between Hills and Dales Child Development Center, Inc., and
Whereas, between Hills and Dales Child Development Center, Inc. is willing to dedicate the
necessary additional right-of-way to City; and
Whereas, relocation of the cul-de-sac will result in excess right-of-way in areas the
City will no longer need to retain and those areas abut the Hills & Dales Lifetime Center and
Childcare facility on Stoneman Road, and
Whereas, City is willing to vacate the excess right-of-way to between Hills and Dales
Child Development Center, Inc, and
Whereas, the parties have agreed the land transfers, easements, and utility projects
as part of the Project are substantially equivalent in value; and
Whereas, the City of Dubuque has reviewed and approved the preliminary design
and construction plans for said public roadway improvements as required by the Agreement;
and
Whereas, between Hills and Dales Child Development Center, Inc. has executed the
Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. The Agreement attached hereto is hereby approved.
Section 2. The City Manager is authorized and directed to execute the Agreement
on behalf of the City of Dubuque.
Passed, approved, and adopted this 2nd day of May 2022.
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`•Mayor
ATTEST:
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Adrienne N. Breitfelder, City Clerk
STONEMAN ROAD UTILITY AND ROAD IMPROVEMENTS AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
HILLS AND DALES CHILD DEVELOPMENT CENTER, INC.
This Agreement (the Agreement), dated for reference purposes the 3rd day of
May , 2022, is made and entered into by and between Hills and Dales
Child Development Center, Inc. (Hills & Dales) and the City of Dubuque, Iowa (City).
Whereas, Hills & Dales is the owner of the property legally described as:
Lot 2-2-1-2-1-2-2-2-2-2 of the NE 114 of the NE 114 of Section 28,
Township 89 North, Range 2 East of the 511 P.M., in the City of Dubuque,
Iowa„ according to the recorded plat thereof
and as shown on Exhibit A (the Real Estate); and
Whereas, City is the owner of the abutting right-of-way as shown on
Exhibit A
Whereas, City intends to reconstruct Stoneman Road which will include roadway
improvements, sidewalk installation, and utility improvements(the Project) as
conceptually shown on Exhibit B; and
Whereas, City has determined that the Project will relocate the culdesac which
requires acquisition of additional right-of-way by'the City from Hills & Dales, and
Whereas, Hills & Dales is willing to dedicate the necessary additional right-of-way
to City; and
Whereas, relocation of the culdesac will result in excess right-of-way in areas the
City will no longer need to retain and those areas abut the Hills & Dales Lifetime Center
and Childcare facility on Stoneman Road, and
Whereas, City is willing to vacate the excess right-of-way to Hills & Dales, and
Whereas, the parties have agreed the land transfers and utility projects as part of
the Project are substantially equivalent in value; and
as
Whereas, the parties have come to terms on how to best effectuate the
components of the Project to maximize the benefits to each party and the residents and
visitors to Dubuque.
NOW, THEREFORE, IT IS AGREED BY AND BETWEEN HILLS & DALES AND CITY
AS FOLLOWS:
SECTION 1. CITY OBLIGATIONS.
1.1 City agrees to relocate the culdesac at the westerly terminus of Stoneman Road.
1.2 City is responsible for all necessary platting, surveying, and recording costs to
effectuate the transactions comtemplated by thie Agreement.
1.3 City will vacate the existing street right-of-way and deed Area A, C, and D as
shown on Exhibit B to Hills & Dales by quitclaim deed.
1.4 City will retain public utility easements over Area C and D as shown on Exhibit B
as part of the right-of-way vacation process.
1.5 City will restore any Hills & Dales property disturbed during the Project to its
previous condition.
1.6 City will make parking lot modifications to accommodate the relocated culdesac
as shown in the Stoneman Road Reconstruction Project design documents and
Exhibit B.
1.7 City agrees to make a good faith effort to complete the Project by November 1,
2022.
1.8 City agrees to assure vehicle access to the parking outside of the perimeter
construction easement (Area B on Exhibit B) and ADA pedestrian access to all
East entrances of the Hills and Dales building throughout the duration of the
temporary construction easement described in Section 2.3 below. To the
greatest extent possible, City and its contractor will stage, phase, or otherwisse
stagger reconstruction of the parking lot to maximize the number usable parking
stalls serving the Hills and Dales building throughout the duration of the
temporary construction easement described in Section 2.3 below.
SECTION 2. HILLS & DALES OBLIGATIONS.
2.1 Hills & Dales agrees to dedicate to City Area F as shown on Exhibit B for public
street right-of-way and utility purposes by right of way dedication plat.
2.2 Hills & Dales will grant a public utility easement over the Area E as shown on
Exhibit B.
2.3 Hills & Dales will grant a temporary construction easement over Area B as
shown on Exhibit B.
2.4 Hills & Dales will take over ownership and maintenance of the existing
watermain west of the new culdesac as shown on Exhibit B.
SECTION 3. BINDING ON SUCCESSORS AND ASSIGNS. This Agreement shall be
binding upon the parties hereto and their successors and assigns.
SECTION 4. CITY COUNCIL APPROVAL REQUIRED. This Agreement is subject to
final approval by the City Council in its sole discretion.
SECTION 5. INDEMNIFICATION FROM THIRD PARTY CLAIMS. To the fullest
extent permitted by law, Hills & Dales shall defend, indemnify and hold harmless City,
its officers and employees, from and against all claims, damages, losses and expenses
claimed by third parties, but not including any claims, damages, losses or expenses of
the parties to this Agreement, including but not limited to attorneys' fees, arising out of
or resulting from the performance of this Agreement, provided that such claim,
damages, loss or expense is attributable to bodily injury, sickness, disease or death, or
injury to or destruction of property, including loss of use resulting there from, but only to
the extent caused in whole or in part by the negligent acts or omissions of Hills & Dales,
or anyone directly or indirectly employed by Hills & Dales, or anyone for whose acts
Hills & Dales may be liable, regardless of whether or not such claim, damage, loss or
expense is caused in part by a party indemnified hereunder.
To the fullest extent permitted by law, City shall defend, indemnify and hold harmless
Hills and Dales, its officers and employees, from and against all claims, damages,
losses and expenses claimed by third parties, but not including any claims, damages,
losses or expenses of the parties to this Agreement, including but not limited to
attorneys' fees, arising out of or resulting from the performance of this Agreement,
provided that such claim, damages, loss or expense is attributable to bodily injury,
sickness, disease or death, or injury to or destruction of property, including loss of use
resulting there from, but only to the extent caused in whole or in part by the negligent
acts or omissions of City, or anyone directly or indirectly employed by City, or anyone
for whose acts City may be liable, regardless of whether or not such claim, damage,
loss or expense is caused in part by a party indemnified hereunder.
CITY OF DUBUQUE, IOWA
Michael C. Van Milligen, City Manager
Date: 05/03/2022
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AREA A - ROW VACATION TO H & D NO EASEMENTS RESERVED (4,550 SF)
AREA C - ROW VACATION TO H & D WI UTILITY EASEMENT RESERVED BY CITY (4,550 SF)
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AREA B - TEMPORARY CONSTRUCTION EASEMENT TO CITY (9,203 SF)
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"E4IGN PROFESSIONAL
SHEET TITLE:
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[V)M EXHIBITA3505STONEMANROAD
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pRpJ ECT NO.
21-0056
OATS ISSUED:
-08-20
X 1 03-08 2022
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4..ONSULTANTS pROIF CT NAME:
CURRENT REV:
SHEET NUMBER'_
www.AXI0IM-CON.00M 1(319) 519-5220 STONEMAN ROAD
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