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.