First Amendment to an Agreement with Kwik Trip, Inc. - Kwik Trip, Inc. Convenience Store/Gas Station at Intersection of Kerper Boulevard and Kerper CourtCity of Dubuque
City Council Meeting
Consent Items # 08.
Copyrighted
July 5, 2023
ITEM TITLE: First Amendment to an Agreement with Kwik Trip, I nc. - Kwik Trip, I nc.
Convenience Store/Gas Station at Intersection of Kerper Boulevard and
Kerper Court
SUMMARY: City Manager recommending City Council adopt a resolution approving
the First Amendment to an Agreement with Kwik Trip, Inc. (KTI) for off -
site roadway improvements at the intersection of Kerper Boulevard and
Kerper Court related to the proposed Convenience Store/Gas Station
site improvements at said intersection and authorizing the City Manager
to execute First Amendment to the Agreement.
RESOLUTION Approving the First Amendment to an Agreement
between the City of Dubuque, Iowa and Kwik Trip, Inc. for construction of
certain off -site public roadway improvements at the intersection of Kerper
Boulevard and Kerper Court related to the proposed site improvements
at said intersection
SUGGESTED Suggested Disposition: Receive and File; Adopt Resolution(s)
DISPOSITION:
ATTACHMENTS:
Description
Type
MVM Memo
City Manager Memo
Staff Memo
Staff Memo
Resolution
Resolutions
Amendment No. 1 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: First Amendment to an Agreement with Kwik Trip, Inc.
Kwik Trip, Inc. Convenience Store/Gas Station at Intersection of Kerper
Boulevard and Kerper Court
DATE: June 27, 2023
City Engineer Gus Psihoyos is recommending City Council adopt a resolution approving
the First Amendment to an Agreement with Kwik Trip, Inc. (KTI) for off -site roadway
improvements at the intersection of Kerper Boulevard and Kerper Court related to the
proposed Convenience Store/Gas Station site improvements at said intersection and
authorizing the City Manager to execute First Amendment to the Agreement.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Mic ael C. Van Milligen
L [yTI L WA
Attachment
cc: Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Gus Psihoyos, City Engineer
Nate Kieffer, Land Surveyor
Bob Schiesl, Assistant City Engineer
Wally Wernimont, Planning Services Manager
John Klosterman, Public Works Director
THE CITY F
DUT�BQTE
Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
Dubuque
AII•America City
�CAKII.
2ao7-2012t2013
2017*2019
SUBJECT: First Amendment to an Agreement with Kwik Trip, Inc.
Kwik Trip, Inc. Convenience Store/Gas Station at Intersection of Kerper
Boulevard and Kerper Court
DATE: June 26, 2023
INTRODUCTION
The purpose of this memorandum is to request City Council approval of the First
Amendment to an Agreement with Kwik Trip, Inc. (KTI) for off -site roadway
improvements at the intersection of Kerper Boulevard and Kerper Court related to the
proposed Convenience Store/Gas Station site improvements at said intersection.
BACKGROUND
In 2022, KTI had submitted a site plan to improve the 3.45-acre site located at the
southwest quadrant of the intersection of Kerper Boulevard and Kerper Court. The
proposed site development includes a KTI convenience store and gas station. The site
improvements will include both car/truck and semi fueling stations.
Pursuant to Resolution No. 387-22 the City of Dubuque approved an Agreement with
Kwik Trip, Inc. (KTI) for the construction of off -site public roadway improvements at the
intersection of Kerper Boulevard and Kerper Court related to the proposed private site
improvements by KTI at the southwest quadrant of said intersection.
DISCUSSION
The original agreement terms and conditions were based on a conceptual plan for the
roundabout intersection improvements. The final design plans include some minor
changes in the intersection improvements configuration and associated Kwik Trip
property right of way dedication area. The City of Dubuque and KTI desire to amend
the original agreement to include these minor modifications.
A copy of the First Amendment to the Agreement executed by KTI is attached.
RECOMMENDATION
I recommend that the City approve the First Amendment to the Agreement with KTI for
off -site roadway improvements at the intersection of Kerper Boulevard and Kerper Court
related to the proposed Convenience Store/Gas Station site improvements at said
intersection per the terms of the attached First Amendment to the Agreement.
ACTION TO BE TAKEN
I respectfully request adoption of the attached resolution approving said First
Amendment to the Agreement and authorizing the City Manager to execute said First
Amendment to the Agreement.
Attach.
Prepared by: Nate Kieffer, PE/PLS
cc: Bob Schiesl, Assistant City Engineer
Wally Wernimont, Planning Services Manager
John Klosterman, Public Works Director
Prepared by: Nate Kieffer, Qy of Dubuque, 50 W. 1311 Street Dubuque, IA 52001 f5631 589-4270
Return to: Nate Kieffer, City of Dubuque, 50 W. 13tb Street, Dubuque, IA 52001 (563) 589-4270
RESOLUTION NO. 210-23
APPROVING THE FIRST AMENDMENT TO AN AGREEMENT BETWEEN THE CITY OF
DUBUQUE, IOWA AND KWIK TRIP, INC. FOR CONSTRUCTION OF CERTAIN OFF -
SITE PUBLIC ROADWAY IMPROVEMENTS AT THE INTERSECTION OF KERPER
BOULEVARD AND KERPER COURT RELATED TO THE PROPOSED SITE
IMPROVEMENTS AT SAID INTERSECTION
WHEREAS, Kwik Trip, Inc. (KTI) has proposed a development project (the Project)
at the intersection of Kerper Boulevard and Kerper Court; and
WHEREAS, the City of Dubuque has determined that the Project will require certain
improvements to the public right of way of Kerper Boulevard and Kerper Court and KTI
agrees that such improvements are reasonable and necessary; and
WHEREAS, pursuant to Resolution No. 387-22 the City of Dubuque approved an
Agreement with Kwik Trip, Inc. (KTI) for the construction of off -site public roadway
improvements at the intersection of Kerper Boulevard and Kerper Court related to the
proposed private site improvements by KTI at the southwest quadrant of said intersection;
and
WHEREAS, the City of Dubuque and KTI desire to amend the original agreement to
include changes in the intersection improvements configuration and associated right of way
dedication area; and
WHEREAS, the City Council finds that it is in the best interest of the City of Dubuque
to approve the First Amendment to the Agreement attached hereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. The First Amendment to the Agreement attached hereto is hereby
approved.
Section 2. The City Manager is authorized and directed to execute the First
Amendment to the Agreement on behalf of the City of Dubuque and to take such action as
may be necessary to carry out the terms of the Agreement.
Passed, approved, and adopted this 5th day of July 2023.
.d M. .�� Mayor
Attest:
Adrienne N. Breitfelder, CMC City Clerk
FIRST AMENDMENT
TO
TRAFFIC SAFETY IMPROVEMENTS AGREEMENT
BY AND BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
KWIK TRIP, INC.
This First Amendment to Traffic Safety Improvements Agreement is made and
entered into by and between Kwik Trip, Inc., a Wisconsin corporation (Kwik Trip) and the
City of Dubuque, Iowa (City).
WHEREAS, City and Kwik Trip entered into the Traffic Safety Improvements
Agreement (the Agreement) dated for references purposes the 19th day of December,
2022, for certain traffic improvements at Kerper Boulevard and Kerper Court; and
WHEREAS, the Agreement states that Kwik Trip desires to develop the Real
Estate for a convenience store/fueling station as conceptually shown on Exhibit B; and
WHEREAS, Sec. 2.2 of the Agreement provides that Kwik Trip agrees, at no cost
to City, to dedicate to City by plat acquisition, the plat to be prepared by City (which shall
be reviewed and approved by Kwik Trip), all street right-of-way necessary for the
construction of the Required Improvements as conceptually shown on Exhibit D. Kwik
Trip also agrees to pay to City upon receipt of a statement from City the property taxes
prorated to the date of recording of the plat for the property dedicated to City; and
WHEREAS, City and Kwik Trip desire to substitute a new Exhibit B and a new
Exhibit D, attached hereto.
NOW, THEREFORE, IT IS AGREEMENT BY AND BETWEEN CITY AND KWIK
TRIP AS FOLLOWS:
Section 1. Exhibit B attached to the Agreement is deleted and Exhibit B
attached hereto is substituted in lieu thereof.
Section 2. Exhibit D attached to the Agreement is deleted and Exhibit D
attached hereto is substituted in lieu thereof.
Section 3. All other terms and conditions of the Agreement shall remain in full
force and effect.
[Signature Page Follows]
06232023
CITY OF DUBUQUE, IOWA
By: il�. Aac'
Micha I C. Van Milligen
City Manager
Date: 07/06/2023
KWIK TRIP, INC.
Name: J)Av%4
Its:
Date: �# All193
EXHIBIT B
FUELING STATION AND CONVENIENCE STORE CONCEPT
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EXHIBIT D
RIGHT OF WAY DEDICATION
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