North Fork Trails_Permeable Pavers Street AcceptanceMasterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
Dubuque
bierd
All-America City
1
2007
SUBJECT: Acceptance of Permeable Paver Street in North Fork Trails Lots 10
through 18 and Lots A and B
DATE: July 10, 2012
As a condition of subdivision plat approval, the developer of North Fork Trails, 4 -ALL,
LLC, was required to install certain improvements including permeable street paving
with curb and gutter, sanitary sewer main, watermain, storm sewers and catch basins,
stormwater detention facilities, and boulevard street lighting and to dedicate these
improvements to the City upon completion. These improvements were accepted on
January 4, 2010, through Resolution No. 1 -10. Maintenance of the improvements,
except the permeable pavement, was the responsibility of the developer for a period of
two years.
Since this subdivision included construction of the first public permeable pavement
street, the maintenance of the permeable streets was to be handled in the following
manner:
• Snow removal and deicing was the responsibility of the City.
• The remaining maintenance of the permeable street surface was the
responsibility of the owner, 4 -ALL, LLC, until 80% (7 lots) of the platted lots are
improved. This maintenance will include: routine inspections; sweeping,
vacuuming, and adding materials to the void area of subgrade; and /or removal
and replacement of pavers to maintain the design gradient and design cross
section of the street.
The original purpose for not accepting the permeable pavement, until 80% of the lots
were developed, was the fear of building contractors not providing adequate erosion
and sediment control during construction which could put a larger maintenance
responsibility on the City. The developer has proposed removing the 80% developed
requirement and shifting the responsibility to each property owner to maintain the
integrity of the permeable pavement. Staff has worked with the developer to put
language in the restrictive covenants that address this issue. This same language is
included in the proposed resolution accepting the permeable pavement. Also included
in the resolution is the ability of the City to assess for the necessary street cleaning, if
the lot owner(s) do not comply.
City Engineer Gus Psihoyos recommends City Council approval of a Resolution
amending, with conditions, Resolution 1 -10 accepting the maintenance responsibility for
the permeable pavement street improvements in North Fork Trails — Lots 10 -18 and
Lots A and B by waiving the requirement of the Developer to maintain the streets until
80% of the lots are developed.
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
Teri Goodmann, Assistant City Manager
Gus Psihoyos, City Engineer
2
Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
DATE: June 18, 2012
SUBJECT: Acceptance of Permeable Paver Street in North Fork Trails
Lots 10 through 18 and Lots A and B
Dubuque
kateg
All- America City
1111 I
2007
INTRODUCTION
The enclosed material provides for City Council acceptance of the maintenance
responsibility for the permeable paver street improvements on Keymont Drive which the
developer, 4 -ALL, LLC, has completed in North Fork Trails — Lots 10 through 18 and
Lots A and B. Only Lots 17 and 18 have been developed to date.
BACKGROUND
As a condition of subdivision plat approval through Resolution No. 135 -09, the
developer of North Fork Trails, 4 -ALL, LLC, was required to install certain improvements
including permeable street paving with curb and gutter, sanitary sewer main, watermain,
storm sewers and catch basins, stormwater detention facilities, and boulevard street
lighting and to dedicate these improvements to the City upon completion. These
improvements were accepted on January 4, 2010 through Resolution No. 1 -10.
Maintenance of the Improvements, except the permeable pavement, was the
responsibility of the developer for a period of two years.
Since this subdivision included construction of the first public permeable pavement
street, the maintenance of the permeable streets was to be handled in the following
manner:
• Snow removal and deicing was the responsibility of the City.
• The remaining maintenance of the permeable street surface was the
responsibility of the owner, 4 -ALL, LLC, until 80 percent (7 lots) of the platted lots
are improved. This maintenance will include: routine inspections; sweeping,
vacuuming, and adding materials to the void area of subgrade; and /or removal
and replacement of pavers to maintain the design gradient and design cross
section of the street.
DISCUSSIONS
The City and developer have monitored the stability and function of the permeable
pavement in North Fork Trails since completion of construction in 2009. Due to strict
compliance to construction specifications and backfill requirements, the permeable
pavement has maintained proper profile and cross - sections.
The original purpose for not accepting the permeable pavement, until 80% of the lots
were developed, was the fear of building contractors not providing adequate erosion
and sediment control during construction which could put a larger maintenance
responsibility on the City. The developer has proposed removing the 80% developed
requirement and shifting the responsibility to each property owner to maintain the
integrity of the permeable pavement. We have worked with the developer to put
language in the restrictive covenants that address this issue. This same language is
included in the proposed resolution accepting the permeable pavement. Also included
in the resolution is the ability of the City to assess for the necessary street cleaning, if
the lot owner(s) do not comply.
On February 9, 2012, 4 -ALL, LLC requested City's acceptance of the permeable paver
street improvements in North Fork Trails — Lot 10 through 18 and Lots A and B. Upon
inspection, it has been determined that the street improvements required by Resolution
135 -09 and accepted on Jan. 4, 2010, have been completed in accordance with plans
approved by the City Council and in conformance with City specifications. The
developer and each lot owner has agreed to street maintenance related to construction
activity on their lot(s).
RECOMMENDATION
I would, therefore, recommend that the City Council accept the maintenance
responsibility for the permeable pavement street improvements as required by
Resolution 1 -10 under the following conditions:
1. The lot owners be responsible for the cleanup of the permeable pavement as it
relates to construction activity on their lot.
2. That if the Lot owner does not clean the permeable pavement in a satisfactory
manner, the City will perform the cleanup and assess the property owner(s) in
the North Fork Trails.
ACTION TO BE TAKEN
The City Council is requested to adopt the attached resolution amending, with
conditions, Resolution 1 -10 accepting the maintenance responsibility for the permeable
pavement street improvements in North Fork Trails — Lots 10 through 18 and Lots A and
B by waiving the requirement of the Developer to maintain the streets until 80% of the
lots are developed.
Prepared by Ronald Turner, PLS
2
RESOLUTION NO. 190 -12
AMENDING RESOLUTION NO. 1 -10 WHICH ESTABLISHED CONDITIONS OF
ACCEPTANCE OF PUBLIC IMPROVEMENTS IN NORTH FORK TRAILS — LOTS 10
THROUGH 18 AND LOTS A AND B
Whereas, pursuant to Resolution 135 -09, certain public improvements including
street paving with curb and gutter, sanitary sewer, watermain, storm sewer, catch
basins, stormwater detention, and street lighting were installed by the developer of
North Forks Trails — Lots 10 through 18 and Lots A and B; and
Whereas, said improvements were accepted by the City Council on January 4,
2010 by Resolution No. 1 -10; and
Whereas, Section 3 of said Resolution stated:
Street maintenance, except for snow removal and deicing, shall be the
responsibility of the owner, 4 -ALL, LLC until 80% (7 Tots) of the lots are
improved. Maintenance by the owner will consist of routine inspections,
sweeping and /or vacuuming any sediment from the void area or subgrade,
adding material to the void area as necessary. The street maintenance
shall also include the removal and replacement of pavers, as necessary,
to maintain the design gradient and design cross section of the street
; and
Whereas, modifications to the requirements for maintenance of the permeable
streets have been requested by the developer, 4 -ALL, LLC; and
Whereas the City Engineer has examined, observed and inspected said street
construction and has found no deformation or deterioration in the permeable street
construction; and
Whereas the developer and all owners of lots in the subdivision have agreed to
the conditions stated herein.
061912baI
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the requirements of Section 3 of Resolution No.1 -10 adopted
January 4, 2010, are hereby waived subject to the owners of the lots therein and
developer agreeing to the following conditions:
1) That suitable methods shall be used to prevent erosion and the
deposit of soil onto the existing permeable paver road in North Fork Trails.
It is the lot owner's responsibility to install and maintain the necessary -
controls to prevent soil from the property that is under his control from
getting onto the permeable paver road. The lot owner will be responsible
for the removal and associated costs of any soil from the permeable paver
road or any other public way that is a result of construction that they
contracted for or are in control of on their lot.
2) That upon the City's acceptance of the public permeable pavement
street improvements, maintenance expenses, consisting of sweeping
and /or vacuuming any dirt, mud, sediment or other debris from the
surface, void area or subgrade, and adding material to the void area as
necessary, incurred by the City of Dubuque for the permeable streets due
to the lack of compliance by the lot owner(s) with Section 1.1) above, shall
be assessed against the non - compliant lot(s) in all phases of North Fork
Trails. The City Manager shall certify such costs to the City Clerk, who in
turn shall promptly certify such costs to the Dubuque County Treasurer,
and such costs shall then be collected with and in the same manner as
general property taxes in accordance with provisions of law.
Passed, approved and adopted this 16thday of July , 2012.
Attest:
Kevin S. Fi
stahl, City Clerk
2
Roy D. uol, Mayor
ACCEPTANCE OF RESOLUTION NO. no-12
I, the undersigned, Pat Coakley, property owner of 3492 Keymont Drive, legally
described as
Unit No. 36 in North Fork Trails Condominium, together with a
5.55% appurtenant interest in Common Elements and appurtenant
interests in Limited Common Elements, all as provided in the
Declaration recorded February 23, 2010, as Instrument #2010-
2355, Records of the Dubuque County Recorder
having read the terms and conditions of the Resolution No. 190 -12 and being familiar
with the conditions thereof, hereby accept the same and agree to the conditions
required therein.
Dated in Dubuque, Iowa this- 3 day of , 2012.
By:
Pat Coakley
Property Owner, 3492 Keymont Drive
5
ACCEPTANCE OF RESOLUTION NO 190 -12
1, the undersigned, Charles A. Daoud, representing 4 -ALL, LLC, having read the
terms and conditions of the Resolution No. 190 -12 and being familiar with the
conditions thereof, hereby accept the same and agree to the conditions required
therein.
Dated in Dubuque, Iowa this / day of i 2012.
3
ar es A. Daoud
4 -ALL, LLC, Developer
ACCEPTANCE OF RESOLUTION NO. 190 -12
I, the undersigned, Charles A. Daoud, property owner of 3482 Keymont Drive,
legally described as
Unit No. 34 of NORTH FORK TRAILS CONDOMINIUM, located on
Lot 17 of North Fork Trails in the City of Dubuque, Iowa, according
to the recorded Plat thereof, together with a 5.55% appurtenant
interest in Common Elements and appurtenant interests in Limited
Common Elements, all according to the Condominium Declaration
recorded as Instrument number 2010 -2355, records of Dubuque
County, Iowa
having read the terms and conditions of the Resolution No. 190 -12 and being familiar
with the conditions thereof, hereby accept the same and agree to the conditions
required therein.
Dated in Dubuque, Iowa this 031 day of 1, , 2f 12.
4
Charles A. Daoud
Property Owner, 3482 Keymont Drive
II>B1I11111I1111110I1111I11I fiNI •
Recorded: 00/47/04009 10 t T Y20: 5:3N PM
Fee Amt: $62.00 Page 1 of 10
- Dubuque- County IONa
Kathy Flynn Thurlow Recorder
• F11e2009- 00010823
PREPARED BY: BUE5ING & ASSOCIATES ADDRESS: 1212 LOCUST STREET. DUBUDUE. I0WA 52001
Final Plat of:
NORTH FORK TRAILS •
IN THE CITY OF DUBUQUE, IOWA.
Comprised o(: LOT 1 -2 -2 OF WESTVIEW SHOPPING CENTER PLACE AND LOT 1 OF WESTVIEW WEST,
LOCATED IN THE SE1 /4 OF SEC. 21, T898. R2E,
IN THE CITY OF DUBUQUE, IOWA.
SU. SIN MTN.. SUS.
089Y2'40•E 374.84' (374.87)
N
0
D-
Y
03 LOT 2
m
Y
257.60
LOT HERM
107.24
PHONE: (563) 556 -4309
EAssom T-
Lol 3
LOT D
151,92801
145855.
N
DflELOPMTWE
wT
2-
Q
LOCATION MAP
SURVEYED PERIMETER
TOTAL AREA 11.915 AC.
CURVE DATA
LC_I
I
ISIWU
j17.7
ANC
274,55
DELTA
.
r;.
574'45'51'E
7'31
l
17500'
~ .
iiii
,112
C -IC
C -10
In
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17500'
175.00'
9586.'
9564'
77.54'
1'
2535'0'
2525'05'
EAssom T-
Lol 3
LOT D
151,92801
145855.
N
DflELOPMTWE
wT
2-
Q
LOCATION MAP
SURVEYED PERIMETER
TOTAL AREA 11.915 AC.
CURVE DATA
LC_I
WMU
7.5
ISIWU
RA MIS
ANC
274,55
DELTA
C-1
574'45'51'E
7'31
041.44
24.53'
17500'
903'
C -IC
C -10
574'45'55'E
52056.43'E
77.00'
77.00'
17500'
175.00'
9586.'
9564'
77.54'
1'
2535'0'
2525'05'
0 -10
5205043'4
23.70'
17500'
2166'
746'39'"
0 -15
0-25
5 326'41'4
S4253'56'1
59.50'
59.50'
17600'
50.00'
6173'
52.94'
32131'
20'39'41'
C -2C
5655354"5
50.00'
50.00'
52.94'
5070'16"
0 -20
51646'14'E
5000'
50.00'
5236'
5040'00'
0 -20
516'6314"4
39.32'
50.00'
4046'
4040'03"
0-2E
2340'0
39.32'
50.04
407.1'
90'16'43'
3
C -3
0 -30
S4
S4527'31'0
530145'20'0
175
142.07'
76
142.07'
125.00'
12100'
151.0'
15'
15'
9915'30'
20114'22'
0-38
560'05'20'4
41
6100' '
12500'
4
6522
20'44'22"
2-
W
1.01 2
CO T:Ge'
mwr
2- 3.3
0
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955932'24'E 1150.00'
KEYMON"- DRg - - -- - -
689'32'29'E _ 8500'
105.00
Y Z 10
PUE
166.55851
163355.
LOT II
m '
PpP, s0'=
ty
N LOT 00
ti LOT 18
CI
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25,900
J # 74455
J O5- _
f1s
LOT 4 . ,W. T
\ {,,L\
1
\ LOT 11 $
11,256st
689'32'29'E
2-
30'
rm. 02
13
0
tor3
03
90'
H■
NOTES
1. ALL MEASUREMENTS ARE IN FEET AND DECIMALS 1HER0F.
I HEREBY CERTIFY THAT THIS LAND SURVEYING DOCUMENT
WAS x`173 . ., SG 7�q� PERFORMED R85 ME00R THE UNDER MY D DIRECT YPERSONALAS
301 4.. '4 ('. SUPERVISION AND T1401 I AM A DULY UCENSED LAND
EYOR UNDER THE LAWS OF THE STATE OF IOWA.
U' JOHN L. YlNITE ' p! /
4016 1 -
(DATE)
LICENSE NUMBER: 4016
MY UCENSE RENEWAL DATE IS DECEMBER 31. 2010
470.98'
1012 Z4f:. 4992
HAMBLIN SUB. 4"..\••
LEGEND
• WON PPE 00U60)
S1', U7AE55 NOTED)
• 5/8 RER00 (001•0)
(12511', UNLESS 507E0)
12631 RE0 CAP STAMPED '12631'
PROPERTY 084
SURVEYED PROPERTY LANE
SURVEYED PERMEIER
EASEMENT UNE
( 1 RECORD DIMENSION
o 5/0' RER00 (PLACE0)
(PUE PUB*C WOWS 6016')
515E STORM SEWER EASEMENT
519E STORM SATER EASEMENT
SSE SANITARY SERER EASEMENT
XIG EXISTING
LINE DATA
LIRE GEARING
0(5T.
L3 1517'45'16'E
37.11'
L6
5 020370
L5
5 027'31"E
2.70'
L6
610'4937'E
9.20'
L7
S83'40'32'E
5100'
LB
555'40'32'0
30.00'
19
52540'32'E
3600'
130
577'40'370
58.00'
LI1
588'15'20 "0
59.25'
02
631'46'14'07
12.85'
L13
N31'46'14'2r
30.18'
U4
68019'28'E
24.35'
115
S46'45'14'E
11.91'
L16
546'46'14'E
10.00'
117
534'46'14'E
27.02'
118
S0'46'14'E
56.22'
SCALE 1" = 120'
0' 601 120'
OWNER 14 PROPRIETOR:
LOT 1 -2 -2 OF WE5THE5 510PRN0 CENTER PLACE
AND LOT T BF WE5T8EW WEST
4 -ALL LLD / 356 MOORS HEI0105
DUBUQUE, IA 22003
0
SHEET TITLE
FINAL PLAT
NORTH FORK TRAILS
PROJECT 1 N0. 08083
PREPARED FOR: 4
TERRY THOMPSON
4461 LAKE AVE. SOUTH
WHITE BEAR LAKE. MN 55110
aUESIINNG
ENGINEERS AND SURVEYORS
1212 LOOM ST, DU9Uw[. M
(553) 556 -4359
DATE - REVISIONS
DRAWN BY:
8/4/08
10/1/08
TPL
SCALE:
4/9/09
CHECKED BY:
1° = 120'
4/13/09
JLW
Book . Paae , File Number 2009 - 00010823
4 -All Development, LLC
396 Moore Heights
Dubuque, IA 52003
9 February 2012
Mr. Gus Psihoyos
City Engineer
City of Dubuque
Dubuque, IA 52001
RE: North Fork Trails
Dear Mr. Psihoyos:
You will recall back in March, 2009, we were required to retain ownership and
maintenance responsibility (except for snow removal) for the permeable paver road in
North Fork Trails subdivision until such time as 80% of the lots were improved.
Although the city standard on roads is a two year warranty independent of any real estate
market, we accepted that additional requirement of 80% improved because, (a) we were,
and continue to be, confident in the roads ability to perform, and, (b) the housing market
in 2008 and early 2009 was thriving.
It is common knowledge the housing market remains significantly depressed. Our sales
reflect the horrible uncertainty in the residential marketplace. We have completed four
townhomes and sold two.
Yet, the road has been in service since 2009. This is our third winter. The road is
performing by all standards.
We would ask that the city, take ownership of the road. Given the economic conditions
the 80% threshold is just too difficult to achieve in these uncertain economic times and
the significant issue is road performance, not units improved.
If you have any questions please contact me at 543 -4850.
ely
om ho psdn
18 April 2012
Mr. Charles Daoud
3482 Keymont
Dubuque, IA
Dear Charlie:
We are in need of your written approval to have the City of Dubuque take over responsibilities for our street. I would
ask that after reviewing and agreeing to the below statement you sign where indicated and return this original
document to me.
Thanks,
Tom Thompson
4 -All Development, LLC
Authorization
As the owner of 3482 Keymont, in Dubuque, IA. I understand 4 -All Development, LLC, (Developer) has petitioned the City
of Dubuque (City) to take full possession and responsibility for Keymont Ct. (Street) in phase one of North Fork Trails
subdivision. I further understand that this transition requires modifications of the terms of the existing agreement
between the City and the Developer which also requires my acknowledgement and agreement to this action. Therefore,
by my signature below, I agree to the modifications and re- filing of the necessary documents to accomplish this transfer
of the obligations of the Developer t■' the City concerning the Street.
rlie Daoud
Date
18 April 2012
Ms. Pat Coakley
3492 Keymont
Dubuque, IA
Dear Pat:
We are in need of your written approval to have the City of Dubuque take over responsibilities for our street. I would
ask that after reviewing and agreeing to the below statement you sign where indicated and return this original
document to me.
Thanks,
Tom Thompson
4 -All Development, LLC
Authorization
As the owner of 3492 Keymont, in Dubuque, IA. I understand 4 -All Development, LLC, (Developer) has petitioned the City
of Dubuque (City) to take full possession and responsibility for Keymont Ct. (Street) in phase one of North Fork Trails
subdivision. !further understand that this transition requires modifications of the terms of the existing agreement
between the City and the Developer which also requires my acknowledgement and agreement to this action. Therefore,
by my signature below, I agree to the modifications and re- filing of the necessary documents to accomplish this transfer
of the obligations of the Developer to the City concerning the Street.
dam/
Pat Coakley / Date