Adoption of a Policy for City Acceptance of Streets in Commercial SubdivisionsCity of Dubuque
City Council Meeting
Action Items # 08.
Copyrighted
July 17, 2023
ITEM TITLE: Adoption of a Policy for City Acceptance of Streets in Commercial
Subdivisions
SUMMARY: City Manager recommending City Council approval of the Policy for City
Acceptance of Streets in Commercial Subdivisions.
RESOLUTION Adopting a policy for city acceptance of streets in
commercial subdivisions
SUGGESTED Suggested Disposition: Receive and File; Adopt Resolution(s)
DISPOSITION:
ATTACHMENTS:
Description Type
MVM Memo City Manager Memo
Staff Memo Staff Memo
Resolution Resolutions
Policy Supporting Documentation
Asbury Plaza Public Roads Supporting Documentation
Warren Plaza Public Roads Supporting Documentation
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Adoption of a Policy for City Acceptance of Streets in Commercial
Subdivisions
DATE: July 12, 2023
City Engineer Gus Psihoyos is recommending City Council approval of the Policy for City
Acceptance of Streets in Commercial Subdivisions.
Including public streets in commercial subdivisions allows greater vehicular, bicycle, and
pedestrian connections which furthers the City Council Goal of "Connected Community:
Equitable Transportation, Technology Infrastructure, and Mobility". Giving the developer
options on street ownership will likely attract development in the area which furthers the
City Council Goal of "Robust Local Economy: Diverse Businesses and Jobs with
Economic Prosperity".
I concur with the recommendation and respectfully request Mayor and City Council
approval.
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Mic ael C. Van Milligen
MCVM:sv
Attachment
cc: Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Gus Psihoyos, City Engineer
Nate Kieffer, PE/PLS
Wally Wernimont, Planning Services Manager
Bob Schiesl, Assistant City Engineer
Jon Dienst, Civil Engineer II
Nathan Steffen, Civil Engineer I
THE CITY OF
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TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
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SUBJECT: Adoption of a Policy for City Acceptance of Streets in Commercial
Subdivisions
DATE: July 11, 2023
INTRODUCTION
The purpose of this memorandum is to request approval of a Policy for City Acceptance
of Streets in Commercial Subdivisions.
BACKGROUND
Prior to the Sam's Club development in 2006, the City would accept streets in
commercial developments for ownership and maintenance. A list of examples of
commercial developments in the ten years prior to 2006 where this was this case is as
follows:
1. City accepted Seippel Court as part of Seippel Road Commercial Park in 2005
(Brian Lammers was developer)
2. City accepted Cedar Crest Court as part of the Cedar Ridge Farm commercial
subdivision in 2004 (Julian Nemmers developer)
3. City accepted Commerce Park as part of Westbrook mixed use subdivision in
2003 (Joel Callahan developer)
4. City accepted Stone Valley Dr. and Boulder Brook Ct. as part of Stone Brook
Center commercial subdivision in 2002 (Mike Portzen developer)
5. City accepted Meinen Court in Harvest Business Center subdivision in 2002
(Marty McNamer developer)
6. City accepted Lake Ridge Drive in Cedar Lake Plaza commercial subdivision in
2001 (Dick Hansel developer)
7. City accepted Cedar Crest Ridge as part of Cedar Ridge Farm commercial
subdivision in 2000 (Julian Nemmers developer)
8. City accepted Holliday Drive in Holiday commercial subdivision in 1999 (Tim
Quagliano developer)
When reviewing the Sam's Club development in 2006, the City required that the internal
subdivision streets be owned and maintained by the developer or property owner
association. At the time, the City's position on the Sam's Club internal street network
was that it only served the local lots/properties and did not confer a larger public benefit.
In addition, the city currently has over 300 center -line miles of streets and adding more
streets adds to city maintenance costs, snow plowing miles, and future capital
expenses.
DISCUSSION
Since the Sam's Club development in 2006, the City has been consistent in its policy of
not accepting ownership and maintenance of streets in commercial subdivisions. Some
examples of development where this was the case are as follows:
1. Side streets off of Plaza Drive in Asbury Plaza Business Park (area north of AMC
Theatre and Blains Farm and Fleet) (Roger Cherland developer). This property
was never developed as commercial. This property is currently being developed
by Talon for the Fox Hills residential subdivision.
2. Cul-de-sac in Cedar Ridge Commercial Park (AJ Spiegel developer). A
development agreement has been approved by the City Council and the
construction plans have been reviewed and approved, but the project has not
been built as of yet.
Prior to 2006, there have been a number of developments that could have had public
streets but chose not to. Some of these developments are Asbury Plaza (includes Hy-
Vee, Blains Farm and Fleet, and various restaurants and retail businesses), Warren
Plaza (includes Target, Hy-Vee, and various restaurants and retail businesses), Plaza
20 (includes JoAnn Fabrics, Slumberland, VA Hospital, and various restaurants and
retail businesses), and the Hampton Inn Place Subdivision on the east side of Wacker
Drive across from Target (includes the Hampton Inn, Chipotle, and various other
restaurants and retail businesses).
To illustrate how an existing commercial subdivision with private streets would look with
public streets, the following examples are provided below:
• If the Asbury Plaza commercial development would have included public streets
the main interior roadway (running parallel to the Northwest Arterial from Asbury
Rd. to Plaza Dr.) would have been designed and constructed to City standards.
The public street plans would have included a right of way dedication to the City,
wider street pavement, sidewalks on both sides, and public utilities including fiber
optic conduit and street lighting. Please see mockup map attached.
• If the Warren Plaza commercial development would have included public streets
the main interior roadway (running west from Wacker Drive south of Chick-Fil-A)
would have been designed and constructed to City standards. The public street
plans would have included a right of way dedication to the City, wider street
pavement, sidewalks on both sides, and public utilities including fiber optic
conduit and street lighting. A cul-de-sac would have been included at the west
end of the public street just east of the Hy-Vee store. Please see mockup map
attached.
The City is proposing that a new policy on street ownership in commercial subdivisions,
as shown on the attached policy document, be adopted. Including public streets in
commercial subdivisions allows greater vehicular, bicycle, and pedestrian connections
which furthers the City Council Goal of "Connected Community: Equitable
Transportation, Technology Infrastructure, and Mobility". Giving the developer options
on street ownership will likely attract development in the area which furthers the City
Council Goal of "Robust Local Economy: Diverse Businesses and Jobs with Economic
Prosperity".
RECOMMENDATION
I am recommending approval of the attached Policy for City Acceptance of Streets in
Commercial Subdivisions.
ACTION TO BE TAKEN
I respectfully request approval and adoption of the attached Policy for City Acceptance
of Streets in Commercial Subdivisions through adoption of the enclosed resolution.
Prepared by Nate Kieffer, PE/PLS
Cc: Wally Wernimont, Planning Services Manager
Bob Schiesl, Assistant City Engineer
Jon Dienst, Civil Engineer II
Nathan Steffen, Civil Engineer I
3
Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13`h Street, Dubuque, IA 52001 (563) 589-4270
Return to: Nate Kieffer, City of Dubuque, 5D W. 13" Street, Dubuque, IA 52001 (563) 589-4270
RESOLUTION NO. 237-23
RESOLUTION ADOPTING A POLICY FOR CITY ACCEPTANCE OF STREETS IN
COMMERCIAL SUBDIVISIONS
Whereas, from 2006 to the date of this resolution, the City has not accepted streets
as public in commercial subdivision; and
Whereas, the City is proposing that a new policy on street ownership in commercial
subdivisions be adopted; and
Whereas, including public streets in commercial subdivisions allows greater
vehicular, bicycle, and pedestrian connections which furthers the City Council Goal of
"Connected Community: Equitable Transportation, Technology Infrastructure, and
Mobility"; and
Whereas, providing developers options on street ownership will likely attract
development in the area which furthers the City Council Goal of "Robust Local Economy:
Diverse Businesses and Jobs with Economic Prosperity"; and
Whereas, the City now wishes to adopt a policy providing the requirements for City
acceptance of streets in commercial subdivisions according to the attached Policy for City
Acceptance of Streets in Commercial Subdivisions,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. The City does hereby approve and adopt the attached Policy for City
Acceptance of Streets in Commercial Subdivisions.
Section 2. The Policy for City Acceptance of Streets in Commercial
Subdivisions shall allow for project -specific exemptions to be approved by the City
Council, or the City Manager where the project does not come before the City Council,
Passed, approved, and adopted this 17t" day of July, 2023.
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Attest:
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Adrienne N. Breitfelder, City Clerk
POLICY FOR CITY ACCEPTANCE OF STREETS
IN COMMERCIAL SUBDIVISIONS
The City is proposing that a new policy on street ownership in commercial subdivisions
be adopted.
Prior to the Sam's Club development in 2006, the City would accept streets in commercial
developments for ownership and maintenance. When reviewing the Sam's Club
development in 2006, the City required that the internal subdivision streets be owned and
maintained by the developer or property owner association. At the time, the City's position
on the Sam's Club internal street network was that it only served the local lots/properties
and did not confer a larger public benefit. In addition, the city currently has over 300
center -line miles of streets and adding more streets adds to city maintenance costs, snow
plowing miles, and future capital expenses. Since the Sam's Club development in 2006,
the City has been consistent in its policy of not accepting ownership and maintenance of
streets in commercial subdivisions.
Including public streets in commercial subdivisions allows greater vehicular, bicycle, and
pedestrian connections which furthers the City Council Goal of "Connected Community:
Equitable Transportation, Technology Infrastructure, and Mobility".
Giving the developer options on street ownership will likely attract development in the
area which furthers the City Council Goal of "Robust Local Economy: Diverse Businesses
and Jobs with Economic Prosperity".
The Policy For City Acceptance of Streets In Commercial Subdivisions is as follows:
1. The Developers shall have the option to keep the right of way and street
improvements private if they wish to do so.
2. The City will accept, for ownership and maintenance, the dedication of right of
way and public street and utility improvements in new commercial subdivisions
when the following requirements are met:
a. Streets and utilities shall be designed and constructed to current City
Standards at the time of development including but not limited to:
i. Roadway and utility improvements: asphalt or concrete
pavement, concrete curb and gutter with curb underdrain,
water main, sanitary sewer, storm sewer, fiber conduit, and
streetlight utilities, and sidewalks.
ii. For dead end streets, a Cul-de-sac meeting City Standards
shall be required.
b. Streets shall serve three or more private subdivision lots.
c. If less than three lots are proposed, the streets shall serve a greater public
benefit, such as providing connectivity to existing or future street networks.
The determination of public benefit shall be at the sole discretion of the City.
1
d. As required in the City's Unified Development Code, public street and utility
improvements shall be designed and constructed at the Developer's cost.
e. Public street and utility improvements shall d be inspected and tested, as
applicable and per City Standards, prior to acceptance by the City for
ownership and maintenance.
f. Developers shall provide inspection fees and performance and
maintenance guarantees on public improvements as required in the Unified
Development Code.
g. Developer shall provide the appropriate street right of ways as required the
development plans and by City code.
h. All other provisions in City codes, including the Unified Development Code,
are applicable.
3. This Policy for City Acceptance of Streets in Commercial Subdivisions shall
allow for project -specific exemptions to be approved by the City Council, or the
City Manager where the project does not come before the City Council.
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