Eagle Valley Subd. Extension of time
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MEMORANDUM
September 9,2005
TO:
The Honorable Mayor and City Council Members
FROM:
Michael C. Van Milligen, City Manager
SUBJECT: Eagle Valley Subdivision - Time Extension
The Eagle Valley Subdivision along Roosevelt Street was approved by City Council in
August of 2003. The Developer, Fondell Excavating, agreed to construct certain public
improvements within two years from the date of acceptance of the resolution approving
the plat (September 16, 2003). The developer has requested an extension of time for
completion in order to protect the integrity of the improvements.
City Engineer Gus Psihoyos recommends City Council approval to give the developer
until November 1, 2007 to complete the public improvements. This will allow home
construction activity along the roadways without damage to the final surface of asphalt.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
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Michael C. Van Milligen
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Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Gus Psihoyos, City Engineer
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MEMORANDUM
FROM:
September 9, 2005
Michael C. Van Milligen. City Manager.. /J
Gus Psihoyos, City Engineer -2f ~
Eagle Valley Subdivision - Time Extension
TO:
SUBJECT:
INTRODUCTION
Eagle Valley Subdivision, along Roosevelt Street, was approved by City Council
in August of 2003. This subdivision consists of 86 multi-family and single-family
lots. The developer, Fondell Excavating, agreed to construct certain public
improvements within two years from the date of acceptance of the resolution
approving the plat (September 16, 2003). The developer has recently requested
an extension of time to complete the construction.
DISCUSSION
The developers were reminded in the spring of 2005 that the City would monitor
the construction of public improvements in accordance with the deadlines
adopted by Council in the resolution approving final plats. The developers of
Eagle Valley Subdivision have requested an extension for the time of completion
in order to protect the integrity of the improvements. The majority of the work
remaining is the placement of the final course of hot-mix asphalt and raising
manholes and water valves to final pavement grade. Storm sewer, sanitary
sewer, watermain, detention facilities, curb and gutter, and base course of
asphalt have been completed.
RECOMMENDATION
I would recommend that the developer be given until November 1, 2007, to
complete the public improvements as required by the resolution approving the
final plat. This will allow home construction activity along the roadways without
damage to the final surface of asphalt.
ACTION TO BE TAKEN
The recommendation of the City Manager should be approved by the adoption of
the enclosed resolution amending'the original resolution setting the date for the
completion of improvements.
Prepared by Ron Turner, PLS
Preparer: Barry A. Lindahl Address: Suite 330 Harbor View Place 300 Main Street DubuQue. IA
52001-6944 Telephone: (563) 583-4113
RESOLUTION NO. 434-05
AMENDING RESOLUTION NO. 293-03 APPROVING THE FINAL PLAT OF LOTS 1-
2, INCLUSIVE, OF BLOCK 1, LOTS 1-27, INCLUSIVE OF BLOCK 2, LOTS 1-13,
INCLUSIVE OF BLOCK 3, LOTS 1-13, INCLUSIVE, OF BLOCK 4, LOTS 1-21,
INCLUSIVE, OF BLOCK 6, LOTS 1-10, INCLUSIVE, OF BLOCK 7 AND LOTS A-I,
INCLUSIVE, ALL OF EAGLE VALLEY SUBDIVISION
Whereas, On August 18, 2003 the City Council adopted Resolution No. 293-03
APPROVING THE FINAL PLAT OF LOTS 1-2, INCLUSIVE, OF BLOCK 1, LOTS 1-27,
INCLUSIVE OF BLOCK 2, LOTS 1-13, INCLUSIVE OF BLOCK 3, LOTS 1-13,
INCLUSIVE, OF BLOCK 4, LOTS 1-21, INCLUSIVE, OF BLOCK 6, LOTS 1-10,
INCLUSIVE, OF BLOCK 7 AND LOTS A-I, INCLUSIVE, ALL OF EAGLE VALLEY
SUBDIVISION; and
Whereas, Section 3(c) of Resolution No. 293-03 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. 293-03, Section 3(c) is hereby amended to read as
follows:
The owner agrees to construct said improvements prior to the 1 st day of
November, 2007, at the sole expense of the owner or future owner;
Section 2. All other requirements and obligations of Resolution No. 293-03 shall
remain in full force and effect as provided therein.
Passed, approved and adopted this 19th
September
2005.
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Jeanne F. Schneider, City Clerk
ACCEPTANCE OF RESOLUTION NO.
BY OWNER
I, the undersigned, Mark Fondell, representing Fondell Excavating, having read
the terms and conditions of Resolution No. , amending Resolution No.
293-03, and being familiar with the conditions thereof, hereby accept the same and
agree to the conditions required therein.
Dated this
day of
,2005.
By:
Mark Fondell
Fondell Excavating
FONDELL EXCAVATING INC.
2270 Crown Point Road
Dubuque, Iowa 52002
Mark Fondell · (563) 584-0505
Jim Kemp · (563) 590-0406
.
Fax (563) 583-9065
August 29, 2005
City of Dubuque
Engineer41g
50 W. 13th St.
Dubuque, IA 52001
Attn: Ron Turner
Dear Mr. Turner:'
We are requesting an extension of final acceptance to 11-01-07 for Eagle Valley
Subdivision. With the continuing construction of new homes we would not want to
jeopardize the integrity of the final product.
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Mark Fondell
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