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Asbury Plaza No. 12 Time ExtensionMasterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Asbury Plaza No 12 - Time Extension DATE: October 8, 2010 City Engineer Gus Psihoyos is recommending that the developer of Asbury Plaza No 12 install street lighting in 2010 and be given until July 1, 2011, to complete the public improvements as required by the resolution approving the final plat. This will allow time for economic conditions to improve while protecting the safety of the motoring public. If not installed, action should be taken to complete the improvements utilizing the performance surety bond. Dubuque kerd au- americaCity 2007 I concur with the recommendation and respectfully request Mayor and City Council approval. MCVM:lw Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Gus Psihoyos, City Engineer chael C. Van Milligen Iligen Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Mana r FROM: Gus Psihoyos, City Engineer SUBJECT: Asbury Plaza No. 12 — Time Extension. DATE: October 8, 2010 INTRODUCTION DISCUSSION RECOMMENDATION ACTION TO BE TAKEN Prepared by Ron Turner, PLS Dubuque All- andicacity 2007 Asbury Plaza No. 12 was approved by City Council on October 4, 2004. This subdivision consists of 6 commercial lots and Plaza Drive, a public street. The developer, Rubloff Development Group, Inc., agreed to construct certain public improvements within two years from the date of acceptance of the resolution approving the plat (October 4, 2004). The developer has recently requested an extension of time to complete the construction. The developers were reminded in January and June, 2010 that the construction of public improvements was not in accordance with the deadlines adopted by Council in the resolution approving final plat. The developers of Asbury Plaza No. 12 have requested an extension for the time of completion due to an "unfavorable" economic climate. The remaining work is the placement of the final course of hot -mix asphalt, raising water valves to final pavement grade, and installing sidewalks and streetlights. Storm sewer, sanitary sewer, watermain, detention facilities, curb and gutter, and base course of asphalt have been completed. The City has received complaints about the lack of streetlights for several years. The developer has committed to install street lights and appurtenances on Plaza Drive this fall. I would recommend that the developer install street lighting in 2010 and be given until July 1, 2011, to complete the public improvements as required by the resolution approving the final plat. This will allow time for economic conditions to improve while protecting the safety of the motoring public. The recommendation of the City Manager should be approved by the adoption of the enclosed resolution amending the original resolution setting the date of the completion of improvements. If not installed, action should be taken to complete the improvements utilizing the performance surety bond. RESOLUTION NO. 400 -10 AMENDING RESOLUTION NO. 387 -04 APPROVING THE FINAL PLAT OF ASBURY PLAZA NO. 12 IN THE CITY OF DUBUQUE, IOWA Whereas, on October 4, 2004, the City Council adopted Resolution No. 387 -04 approving the final plat of Asbury Plaza No. 12 in the City of Dubuque, Iowa; and Whereas, Section 3(e) of Resolution No. 387 -04 required the owner to construct certain public improvements prior to two years from the date of acceptance of the resolution; and Whereas, the owner has requested an extension of time in which to construct said improvements; and Whereas, the City Council finds that it is in the best interests of the City of Dubuque to grant an extension for the construction of said improvements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Resolution No. 387 -04, Section 3(e) is hereby amended to read as follows: Attest: The owner agrees to construct said improvements prior to the 1 day of July, 2011, at the sole expense of the owner or future owner; Section 2. All other requirements and obligations of Resolution No. 387 -04 shall remain in full force and effect as provided therein. Passed, approved and adopted this 18th day of Octy.er , 2010. eanne F. Schneider, CMC, City Clerk Roy D. Buol, Mayor THE CITY OF DUB Masterpiece on the Mississippi Asbury Plaza No. 12 Rubloff Development Vicinity Map DISCLAIMER: This Information was compiled using the Dubuque Area Geographic Information System (DAGIS), which includes data created by both the City of Dubuque and Dubuque County. It is understood that, while the City of Dubuque and participating agencies utilized the it' most current and accurate information available, OASIS and s suppliers do not warrant the accuracy or currency of the information or data contained herein. The City and participating agencies shall not be held liable for any direct, Indirect, incidental, consequential, punitive, or special damages, whether foreseeable or unforeseeable, a sing out of the authorized or unauthorized use of this data or the inability to use this data or out of any breach of warranty whatsoever. 500 1 inch = 500 feet 250 0 500 Feet WE product of DUIUQUE ARIA GEOGRAPHIC INFORMATION SYSTEM Map Prepared by: TWK City of Dubuque Engineering Division 50 West 13th Street Dubuque, Iowa 52001 Phone: (563) 589 -4270 Fax: (563) 589 -4205 September 20, 2010 The Honorable Roy D. Buol The City of Dubuque 50 West 13th Street Dubuque, Iowa 52001 Re: Asbury Plaza No. 12 Plaza Drive Public Improvements RUBLOFF ASBURY, L.L.C. An Illinois Limited Liability Company 4949 Harrison Avenue, Suite 200 Rockford, Illinois 61108 Phone: 815/387 -3100 - Fax: 815/398 -5271 Dear Mayor Buol and City Council Members: City Council Members The City of Dubuque 50 West 13th Street Dubuque, Iowa 52001 This letter is written in response to the City of Dubuque letters dated January 29, 2010 and June 2, 2010 regarding the completion of the public improvements required by Resolution No. 387 -04 approving the final plat of Asbury Plaza No. 12, all attached hereto. As indicated, the remaining construction includes the installation of the street lights, sidewalks, and final asphalt road surface along Plaza Drive between Phase 3 and Phase 4 of our property. A field verification of existing conditions at the site by Ron Turner of the City of Dubuque confirmed that there were no additional incidental repairs or replacement of the existing construction, as indicated that may be necessary by the aforementioned letters. Please accept our apologies for the untimely response to this issue. The former project manager from our company on this project passed away, and due to the slow leasing activity during the current economic environment, some of the obligations here were left unattended for a period of time. After discussions with Ron Turner and City staff, we propose to complete the street lighting along Plaza Drive as originally designed, however, due to the economic climate surrounding retail development, we propose to construct the sidewalks and balance of asphalt after receiving certificate of occupancy on an additional 90,000 square feet of in line construction in the Phase 3 parcel directly to the south of Plaza Drive. This will create the critical mass and consumer traffic that will truly benefit from the infrastructure construction. We are working with a number of users to fulfill this requirement; September 20, 2010 Page 2 however, we are requesting more time to secure our users before moving forward with additional site infrastructure work at the site. We propose to keep our bond in place securing these improvements until they are finished. We appreciate your patience and look forward to working with you on additional users at the site. Please call me with any questions. Very truly yours, RUBLOFF ASBURY, L.L.C. achary R. Knutson Chief Operating Officer of Rubloff Development Group, Inc. Cc: Contract File Prepared by: Laura Ca .te • s CI Plann..r Address: City Hall 50 W.•13th St Telephone: 589 -4210 RES LUTIO.N NO. 387 —04' A RESOLUTION APPROVING T E FINAL PLAT OF ASBU.RY PLAZA NO. 12 IN THE CITY OF DUBUQUE, IOWA Whereas, there has been fil d with the City Clerk a Final Plat of Asbury Plaza No. 12 in the City of Dubuque, Iowa; a d Whereas, upon said final pi .t appears a street to be known as Plaza Drive (Lot A) together with certain public utility nd sewer easements; which the owners by said final plat have dedicated to the public f.rever, and Whereas, said plat provides 0 feet of frontage for Lot 1, Lot 6 and Lot B.where 50 feet is required by Section 42 -19(i) of. the Subdivision Regulations; and Whereas, the conceptual pi n /preliminary plat has been examined by the Zoning Advisory Commission and had its approval endorsed thereon.; and • Whereas, said final plat has been reviewed by the City Planner and had her approval endorsed thereon, subje to the owners agreeing to the conditions noted in Section 2 and 3 below; and. Whereas, said final plat has it conforms to the statutes and or utilities have yet been constructe been examined by the City. Council and they find that finances relating to it, exbept that no streets or public or installed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY' OF DUBUQUE, IOWA: Section 1. That the dedi ation of.Plaza Drive (Lot A) together with the easements for public: utilities, san tary sewer, storm sewerand water mains as they appear upon said final plat, be an . the same are hereby accepted; and • Section 2. That Section 2 -19(b) of the Subdivision Regulations is waived to allow Lot - 1, Lot 6 and Lot B to ha e 0 feet of lot frontage where 50 feet is required. Section 3. That'the fins plat of Asbury Plaza No. 12 is hereby approved by • the Mayor and City Clerk are her by authorized and to endorse the approval of Resolution -04 Asbury Plaza No. 12 Page 2 the City of Dubuque, Iowa, upon sa d final 'plat, provided• the owners of said property herein named, execute their written acceptance hereto attached agreeing: To reduce Plaza Drive (Lot A) to grade and to construct concrete curb and gutter and to hard surface with asph:Itic concrete, or with concrete paving with integral curb, all in accordance with th City of Dubuque standard specifications, all In a manner acceptable to the Ci Engineer, In conformance with construction improvement plans approved y the City Engineer, and inspected by the City Engineer. (b) To install sanitary sewer main ls and sewer service laterals into each individual lot, water mains and water servic laterals into each individual lot, storm sewers and catch basins, boulevard stree lighting and erosion control devices all in accordance with the City of D buque standard specifications, all in amanner acceptable to the City Engine r, and in accordance With construction' improvement plans approved by the City Engineer, and inspected by the City Engineer. (c) To construct. a storm water d tention facility (Lot 5) in a manner acceptable to the City Engineer, in accordance ith the City.of Dubuque standard specifications approved by the City Engine , and inspected by the City Engineer. (d) To Install sidewalks along Pia a Drive in accordance with the typical cross section and improvement plans appr ved by the City Engineer. • (e) To construct said improvements, prior to two (2) years from the date of acceptance of this resolution, at the sole expense of the owners, or future owner; (f) To maintain the public improv ments, for a period of two (2) years from the date of the acceptance of those i provements by the City of Dubuque, Iowa, at the sole expense of the owners, r future owner; And, further provided that sai Asbury Dubuque, L.L.C., as owners of said property, shall secure the performa ce of the foregoing conditions provided in this Section by providing guarantees in uch form and with such sureties as may be acceptable to the City Manager of e City of Dubuque, Iowa. Section 4. That the final cceptance of all public improvements shall occur upon certification of the City Engin er to the City Council that all public improvements have been completed in accordan with the improvement plans and City standard specifications and'accepted by CI Council Resolution. Section 5. That in the ev nt Asbury Dubuque, L.L.C. fails to execute the acceptance and furnish the guaran ees provided in Sections 2 and 3 hereof within 180 (a) Resolution -04 Asbury Plaza No. 12 Page 3 days after the date cif this Resoluti n, the provisions hereof shallbbe null and void and the acceptance of the dedication a d approval the plat shall not be effective. Passed, approved and adop d this 4 day of October, 2004. Attest: Jeanne F. Schneider, City Clerk Jo n. H. Markham Mayor Pro -Tem ACCEPTAN E OF RESOLUTION NO 387 -04 I, Bob Dunning, re resenting. Asbury Dubuque, .L.L.C., the undersigned, having read the terms and conditi' ns.ofthe Resolution No. 387 -04 and being famillarwith the conditions thereof, hereby accept this same and agree to the conditions required therein. Dated In Dubuque, I wa this 4 day of October 2004. By b Dunning sbury Dubuque, L.L.C.