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Roadway Improvement Project Stoneman Road and JFK RoadCity of Dubuque City Council Meeting Consent Items # 19. Copyrighted November 15, 2021 ITEM TITLE: Roadway Improvement Project Stoneman Road and J F K Road SUMMARY: City Manager recommending approval of a Development Agreement with developer GreenState Credit Union (GSCU) for the construction of public roadway improvements at the intersection of Stoneman Road and J F K Road. RESOLUTION Approving an Agreement for Construction of Roadway I mprovements on Stoneman Road and J FK Road between the City of Dubuque, Iowa and GreenState Credit Union SUGGESTED Suggested Disposition: Receive and File; Adopt Resolution(s) DISPOSITION: FIN ik[O]:ILyil21zIII l+] Description Type Green State Credit Union Development Agreement- City Manager Memo MVM Memo Green State DA Memo Staff Memo Green State DA Resolution Resolutions Green State DA Signed Agreement Supporting Documentation THE CITY DUOF B TEE Masterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Roadway Improvement Project Stoneman Road and JFK Road DATE: November 8, 2021 Dubuque All -America City IN 2007.2012.2013 2017*2019 City Engineer Gus Psihoyos recommends City Council approval of a Development Agreement with developer GreenState Credit Union (GSCU) for the construction of public roadway improvements at the intersection of Stoneman Road and JFK Road. The Agreement between the City and GSCU requires the developer to be responsible for the design and construction of certain offsite roadway improvement, including turn lanes and sidewalks, and to dedicate additional right of way on JFK Road and Stoneman Road to accommodate the projected traffic generated by the bank and strip mall sites. The offsite roadway improvements include a right turn lane for southbound JFK Road and a left turn lane for eastbound Stoneman Road, and a public sidewalk along the subject property frontage. The City will design and construct the offsite roadway improvements as part of the upcoming Stoneman Road Reconstruction CIP project and GSCU will reimburse the City for actual costs of the improvements thru escrow and assessments. The Agreement stipulates that the required offsite roadway improvements must be completed prior to the opening of the bank or strip mall businesses. GSCU has executed the Agreement. GSCU will also be responsible for their share of the cost of the rest of the Stone Road Reconstruction CIP project as per standard roadway reconstruction project assessment procedures. Once the sidewalk is installed, maintenance and repair will be the responsibility of the adjacent property owners per City ordinance. I concur with the recommendation and respectfully request Mayor and City Council approval. v Micliael C. Van Milligen MCVM:jh Attachment cc: Crenna Brumwell, City Attorney Cori Burbach, Assistant City Manager Gus Psihoyos, City Engineer THE CITY OF DUB EE Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager FROM: Gus Psihoyos, City Engineer SUBJECT: Roadway Improvement Project Stoneman Road and JFK Road DATE: November 8, 2021 Dubuque *America City I.F ZU07 • 2012 • 2013 INTRODUCTION This memo provides information regarding the approval of a Development Agreement with developer GreenState Credit Union (GSCU) for the construction of public roadway improvements at the intersection of Stoneman Road and JFK Road. BACKGROUND Recently, GSCU had submitted preliminary plans to develop the site at the intersection of Stoneman Road and JFK Road. The subject property is the former Richardson Motors site. The proposed use at the site is a banking facility and commercial strip mall. A traffic study for the development was completed by GSCU and the results showed a need for certain offsite public roadway and intersection improvements, including a turning lane on Stoneman Road and a future turn lane on JFK Road due to the traffic impacts of the new businesses. DISCUSSION The Agreement between the City and GSCU requires the developer to be responsible for the design and construction of certain offsite roadway improvement, including turn lanes and sidewalks, and to dedicate additional right of way on JFK Road and Stoneman Road to accommodate the projected traffic generated by the bank and strip mall sites. The City and GSCU have agreed that GSCU would pay for the costs of the grading for the future right turn lane on JFK Road. GSCU will be responsible for the offsite roadway improvements including the grading for a right turn lane for southbound JFK Road and all costs for the construction of a left turn lane for eastbound Stoneman Road, and all costs for the installation of a new pubic sidewalk along the subject property frontages. The City will design and construct all of the offsite roadway improvements, including the complete right turn lane on JFK Road, described above as part of the upcoming Stoneman Road Reconstruction CIP project (Spring/Summer 2022) and GSCU will reimburse the City for actual costs of the required improvements thru escrow and assessments. The Agreement stipulates that the required offsite roadway improvements must be completed prior to the opening of the bank or strip mall businesses. GSCU has executed the Agreement. GSCU will also be responsible for their share of the cost of the rest of the Stone Road Reconstruction CIP project as per standard roadway reconstruction project assessment procedures. Once the sidewalks are installed, maintenance and repair will be the responsibility of the adjacent property owners per City ordinance. RECOMMENDATION I recommend that the City Council approve the Agreement with GSCU for construction of public roadway improvements on Stoneman Road and JFK Road to accommodate the traffic that will be generated from the adjacent proposed banking facility and commercial strip mall. ACTION TO BE TAKEN I respectfully request approval of the Agreement with GSCU for construction of public roadway improvements on Stoneman Road and JFK 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 David Ness, Traffic Engineer Duane Richter, Traffic Engineer Justine Hull, Traffic Engineer 2 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. 1S1 St., Dubuque, IA 52001, (563) 589-4100 RESOLUTION NO. 394-21 APPROVING AN AGREEMENT FOR CONSTRUCTION OF ROADWAY IMPROVEMENTS ON STONEMAN ROAD AND JFK ROAD BETWEEN THE CITY OF DUBUQUE, IOWA AND GREENSTATE CREDIT UNION WHEREAS, the City of Dubuque is party to an Agreement with GreenState Credit Union for construction of public roadway improvements on Stoneman Road and JFK Road; and WHEREAS, the City of Dubuque has determined that the project will require certain improvements to the public right of way and GreenState Credit Union agrees that such improvements are reasonable and necessary; 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, GreenState Bank Credit Union 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 15th day of November, 2021. e 0 /�/ Roy D. ol, Mayor ATTEST: Adrienne N. Breitfelder, City Clerk AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND GREENSTATE CREDIT UNION This Agreement (the Agreement), dated for reference purposes the cAeday of OLT [3GZ , 2021, is made and entered into by and between GreenState Credit Union (GSCU) and the City of Dubuque, Iowa (City). Whereas, GSCU is the owner of the property legally described as: Lot 1 of Lot 1 of Lot 1 of Lot 2 of Lot 2 of Lot 2 of Lot 2 of Lot 2, and Lot 2 of Lot 1 of Lot 1 of Lot 2 of Lot 2 of Lot 2 of Lot 2 of Lot 2, both of the NE 1/4 of the NE 114 of Section 28, Township 89 North, Range 2 East of the 5th 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, GSCU desires to develop the Real Estate for a two -lot commercial development (the Development Project); and Whereas, City has determined that the Development Project will require certain improvements to the public right of way of John F. Kennedy Road and Stoneman Road as set forth herein (the Required Improvements) and GSCU agrees that such improvements are reasonable and necessary; and Whereas, City is planning to design and reconstruct Stoneman Road as part of an upcoming CIP project; and Whereas, City is willing to allow the construction of the Development Project on the Real Estate subject to the conditions set forth herein. NOW, THEREFORE, IT IS AGREED BY AND BETWEEN GSCU AND CITY AS FOLLOWS: SECTION 1. CITY OBLIGATIONS. 1.1 Design and construct a new right turn lane on John F. Kennedy Road from John F. Kennedy Road to Stoneman Road, shown conceptually in Exhibit B. 1.2 Design and reconstruct Stoneman Road, including the addition of a new left turn lane from Stoneman Road to John F. Kennedy Road, shown conceptually in Exhibit B. 1.3 Construct the sidewalks within the GSCU John F. Kennedy Road right-of-way and along Stoneman Road, conceptually shown in Exhibit B. 1.4 Assess GSCU for: A. 100% of the actual cost for engineering and grading of the new right turn lane on John F. Kennedy Road from John F. Kennedy Road to Stoneman Road. B. 100% of the actual cost for engineering and construction of the new left turn lane on Stoneman Road from Stoneman Road to John F. Kennedy Road. C. 100% of the actual costs for engineering and installation of sidewalks abutting GSCU's property along Stoneman Road and John F. Kennedy Road. D. The proproational share of the costs for engineering and reconstruction of the existing portion of Stoneman Road as part of a larger City street reconstruction assessment project allocated to GSCU. E. Any necessary utility connections, if applicable. SECTION 2. GSCU OBLIGATIONS. 2.1 Consent to an assessment by the City for the items outlined in Section 1.4. 2.2 Dedicate right-of-way for streets and utilities to the City as shown on Exhibits A and B. 2.3 GSCU shall escrow an amount equal its preliminary assessment upon execution of this agreement. Upon receipt of the final assessment GSCU shall pay its assessment from the escrow as outlined on the assessment document. 2.4 GSCU is responsible for the costs of any necessary utility connections for its project. 2.5 GSCU will not receive a certificate of occupany for the Development Project until all of the improvements outlined in Section 1.1, 1.2 and 1.3 above are complete. SECTION 3. BINDING ON SUCCESSORS AND ASSIGNS. This Agreement is 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, GSCU shall defend, indemnify and hold harmless City, its officers and employees, from and against all claims, damages, losses and expenses 2 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 GSCU, or anyone directly or indirectly employed by GSCU, or anyone for whose acts GSCU 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 By: Michael/C. Van Milligen City Manager _l Date: ! "C 3 GREENSTATE CREDIT UNION By: �4 Name: —7i rw IKe�l< Its: VP • FAc-Icr irES Date:_ /0 /ar'O /a EXHIBIT A PLAT Ell FOR REGN-USE ONLY RECOROERYINDIX AUDITOR'S PARCELS LEGALDESCRIPTION 1sere NDE r CITY OF DUBUQUE, LOT 1-1-2-2-2-2-2 OF THE NE1/4 NE1/4 OF SECTION 28-T89N-RiE, AS RECORDED IN DOARTER SECDOI: NEV4 NEtp �L BOOK 35 PACE 302 OF THE DUBUQUE COUNTY RECORDER'S OFFICE. DUBUOUE H DUBUQUE COUNTY/ IOWA NALLEGAL TOBEDETERMINED A ER CITY REVIEW. pq�WA'WA Oo, LOTnR L 2ANDA xo9 MORRIETO EGR UNION Tm AKCYJ xev: EEnnATERCREDIT UNION PARE° m.;,-ln:wsrs,0""-Pia;zNO sa,or.0 1� m NCRORS - N N8R'20'40E ,.D4' � — — — — ry — — — — — —'l m m3v2rA3 6 r--- — -----� t--- g t, 10' ------ UTIUTY F EASEMENTNA § DP o LOCATION MAP - NOT TO SCALE S'UTILITY I PLAT PREPARED BY: OWNER/SUBDIVIDER: EASEMENT 26'SHARED ACCESS ARCRCG-ITWG GAEERITARE CREDIT UNION EASEMENT mBmumsTREET, uxrt3 ROAD 2 UTILITY SUB DIVIDER'SATTORNEY: ORIx uRExrc, IOwA 52.R2 Q p EASEMENT IUNION >a R xuRFRNRloWA52317 GO nl 1 a 1.45 AC ; 1.27AC 3 63,3465E n 56,407 SF 8II I I � o n g I I I 1 I I I 1 1 &Z Z w a LOT A 10' I 1 0.22 AC > ° EASEMENTNT I / 9,377 SF g 2 K w 0 L-----------------— — — — — — — — — — — — — ° 4� N ' 09' 42" 216.7 ' N89- 42" 89.31' - 589°09 42"W 456.76' STONEMAN ROAD LEGEND w § O SET 3/4"0 PIPE OPC 19828 U m k x sE CUT a rvoTEs m • FOUND PROPERTY CORNER -AS LABELED N ORC ORANGEPLASIICCAP I. 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