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Holliday Third Addition_Acceptance of Public ImprovementsMasterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Acceptance of Public Improvements in Holliday Third Addition DATE: June 12, 2012 Dubuque bierd All-America City 1 2007 City Engineer Gus Psihoyos is recommending acceptance of the public improvements that the developer, QHQ Properties, has completed in Holliday Third Addition. Maintenance of said improvements shall be the responsibility of River City Paving, a Division of Mathy Construction Co., McDermott Excavating Co., and the owner, QHQ Properties, for a period of two years from the date of acceptance. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Gus Psihoyos, City Engineer Masterpiece on the Mississippi Dubuque All- America City 1 2007 TO: Michael C. Van Milligen, City Manager FROM: Gus Psihoyos, City Engineer SUBJECT: Acceptance of Public Improvements in Holliday Third Addition DATE: June 8, 2012 INTRODUCTION The enclosed material provides for City Council acceptance of the public improvements which the developer, QHQ Properties, has completed in Holliday Third Addition in the City of Dubuque, Iowa. BACKGROUND As a condition of subdivision plat approval through Resolution No. 248 -04, the developer of Holliday Third Addition was required to install certain improvements including street paving with curb, sanitary sewer main, watermain, storm sewer and catch basins, and boulevard street lighting and to dedicate these improvements to the City upon completion. Storm sewer detention is provided through a service agreement with the City of Dubuque in accordance with the Storm Water Facilities Fee Agreement filed on June 8, 2004, as Instrument No. 10046 -04 in the records of the Dubuque County Recorder's Office. DISCUSSION The Subdivision Ordinance requires that upon completion of all the required public improvements, the subdivider shall notify the City in writing of the completion of the improvements, requesting that the City either approve or reject the acceptance of the improvements, together with a statement of reasons for any rejection. In June of 2004 the City Council approved a service agreement between the City of Dubuque and QHQ Properties, the developers of Holliday 3rd Addition. Per the terms of the agreement, the City provides stormwater detention (a service to QHQ) and QHQ is to reimburse the City for the cost of the stormwater detention basin service. Basically, instead of QHQ building their own detention basin to meet stormwater control requirements, QHQ would pay a service fee to the City in return for the City accommodating the additional flow to the City's Northwest Arterial Detention Basin just south of the QHQ development. The service fee is based on the City's cost to construct the Northwest Arterial Detention Basin, the City's cost to maintain the waterway between Holliday 3rd Addition and the detention basin, and the City's cost to maintain the Northwest Arterial Detention Basin. While QHQ had made intermittent payments since 2004, a portion of the fee due the City became delinquent. The acceptance of the improvements was delayed until the outstanding fees were paid in full which occurred in early 2012. On August 7, 2007, QHQ Properties requested City's acceptance of the improvements in Holliday Third Subdivision. Upon inspection by the City, it has been determined that all of the public improvements required by Resolution No. 248 -04 had been completed in accordance with plans approved by the City Council and in conformance with City specifications. RECOMMENDATION I would, therefore, recommend that the City Council accept the improvements. Maintenance of said improvements shall be the responsibility of River City Paving, A Division of Mathy Construction Co., McDermott Excavating Co., and the owner, QHQ Properties, for a period of two (2) years from the date of acceptance by the City Council. ACTION TO BE TAKEN The City Council is requested to adopt the attached resolution accepting the improvements. Prepared by Ronald J. Turner, PLS 1111151111311111131$1111111$11 Doc ID - 007410940002 Type RESOLUTION Recorded:- 06/22/2012 at 02:26:15 PM Fee Amt: $12.00 Page 1 of 2 Dubuque County Iowa Kathy Flynn Thurlow Recorder / % i 1 Prepared by /Return to Ron Turner, 50 W. 13th St. Dubuque, IA 52001 RESOLUTION NO. 157 -12 ACCEPTING IMPROVEMENTS IN HOLLIDAY THIRD ADDITION IN THE CITY OF DUBUQUE, IOWA Whereas, pursuant to Resolution No. 248 -04, certain public improvements including street paving with curb, sanitary sewer main, watermain, storm sewer and catch basins, and boulevard street lighting were installed by the developer of Holliday Third Addition in the City of Dubuque, Iowa. Whereas, the improvements have been completed and the City Manager has examined the work and has filed a certificate stating that the same has been completed in accordance with the plans approved by the City Council and in conformance with City specifications, and has recommended that the improvements be accepted by the City Council. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBQUE, IOWA: Section 1. That the recommendation of the City Manager be approved and that said public improvements in Holliday Third Addition in the City of Dubuque, Iowa, be and the same is hereby accepted. Section 2. That maintenance of said improvements shall be the responsibility of the contractors and developer for a period of two (2) years from this date. Section 3. That storm sewer detention is provided through a service agreement with the City of Dubuque. The Storm Water Facilities Fee Agreement was filed this 8th day of June, 2004, as Instrument No. 10046 -04 in the records of the Dubuque County Recorder's Office. Passed, approved and adopted thisl8th day of June Attest: Kevin . Firnstahl, City erk , 2012. e Roy D. Buol, Mayor Crty CJel,K i IaD RESOLUTION NO, 157-12 ACCEPTING IMPROVEMENTS IN HOLLIDAY THIRD ADDITION IN THE CITY OF DUBUQUE, IOWA Whereas, pursuant to Resolution No. 248 -04, certain public improvements including street paving with curb, sanitary sewer main, watermain, storm sewer and catch basins, and boulevard street lighting were installed by the developer of Holliday Third Addition in the City of Dubuque, Iowa. Whereas, the improvements have been completed and the City Manager has examined the work and has filed a certificate stating that the same has been completed in accordance with the plans approved by the City Council and in conformance with City specifications, and has recommended that the improvements be accepted by the City Council. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBQUE, IOWA: Section 1. That the recommendation of the City Manager be approved and that said public improvements in Holliday Third Addition in the City of Dubuque, Iowa, be and the same is hereby accepted. Section 2. That maintenance of said improvements shall be the responsibility of the contractors and developer for a period of two (2) years from this date. Section 3. That storm sewer detention is provided through a service agreement with the City of Dubuque. The Storm Water Facilities Fee Agreement was filed this 8th day of June, 2004, as Instrument No. 10046 -04 in the records of the Dubuque County Recorder's Office. Passed, approved and adopted thisl8th day of June Attest: Kevin Firnstahl, City erk , 2012. Roy D. Buol, Mayor HOLLIDAY 3RD ADDITION SUBDIVISION ACCEPTANCE VICINITY MAP u I I I _llIlIIIIIIIIIIIIIIIIhb. NORTH • IM • IMO tia• 1143 Lai& ASBURY RD �o I oties ■ 1VI?:13121V 1S3MHJ ION GRAPHIC SCALE 300 150 0 150 300 DRAWING MAY HAVE BEEN REDUCED 1 INCH = 300 FEET IMMO Ell QHQ Properties August 2, 2007 Mr. Ron Turner Engineering Department City of Dubuque 50 West 13th Street Dubuque, IA 52001 RE: Holliday Drive, Third Addition Improvements Dear Ron: Please be advised that all corrections which you have requested for the QHQ Development on Holliday Drive, specifically Holliday Third and Fourth Additions, have been completed as of this date. I understand there continue to be ongoing discussions between the City of Dubuque and Mr. Chuck Tonn, owner of Miracle Car Wash, in regards to the storm water maintenance agreement. At this time I am requesting final acceptance by the City of Dubuque for Holliday Drive Third Addition Improvements. Please make this recommendation to the City Council for consideration at the next upcoming meeting. Any further questions can be directed to my office at 563- 557 -5930. Respectfully Submitted, Timothy J. Quagliano, General Partner QHQ Properties TJQ /njh 3430 Dodge Street, Unit 6 • Dubuque, Iowa 52003