Acceptance of Public Improvements - Sky Blue Estates Subdivision Copyright 2014
City of Dubuque Consent Items # 7.
ITEM TITLE: Acceptance of Public Improvements -Sky Blue Estates
Subdivision
SUMMARY: City Manager recommending acceptance of the public
improvements that the developer, EKMLLC, has recently
completed in Sky Blue Estates Subdivision.
RESOLUTION Accepting public improvements in the Sky
Blue Estate Subdivision in the City of Dubuque, Iowa
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt
Resolution(s)
ATTACHMENTS:
Description Type
Sky Blue Estates Acceptance of Impro\ements-MVM City Manager Memo
Memo
Staff Memo Staff Memo
Resolution Resolutions
Location Map Supporting Documentation
THE CITY OF Dubuque
UBE I
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Masterpiece on the Mississippi 2007-2012-2013
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Acceptance of Subdivision Improvements in Sky Blue Estates Subdivision
DATE: December 15, 2015
City Engineer Gus Psihoyos is recommending acceptance of the public improvements
that the developer, EKM LLC, has recently completed in Sky Blue Estates Subdivision.
Maintenance of said improvements shall be the responsibility of the owners, EKM LLC,
for a period of two years from the date of acceptance. There is no storm water
detention facilities associated with this phase of the subdivision.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Micliael 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
THE CITY OFQ
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Masterpiece on the Mississippi 2007•2012•2013
TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
DATE: December 8, 2015
SUBJECT: Acceptance of Subdivision Improvements in Sky Blue Estates Subdivision
INTRODUCTION
The enclosed material provides for City Council acceptance of the public improvements
that the developers, EKM LLC, have recently completed in Sky Blue Estates
Subdivision.
BACKGROUND
As a condition of subdivision plat approval through Resolution No. 186-12, the
developer of Sky Blue Estates was required to install certain improvements including
street paving with curb, sidewalk ramps, sanitary sewer main, watermain, storm sewers
and catch basins, fiber optics conduit, and street lighting and to dedicate these
improvements to the City upon completion. There are no storm water detention facilities
associated with this phase of the subdivision.
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.
On December 4, 2015, the owners requested City's acceptance of the improvements in
Sky Blue Estates Subdivision. Upon inspection by the City, it has been determined that
the public improvements required by Resolution 186-12 have 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 public improvements as
described above. Maintenance of said public improvements shall be the responsibility of
the owners, EKM LLC, for a period of two (2) years from the date of acceptance by City
Council. There is no storm water detention facilities associated with this phase of the
subdivision.
ACTION TO BE TAKEN
The City Council is requested to adopt the attached resolution accepting the public
improvements in Sky Blue Estates Subdivision.
Prepared by Nate Kieffer, PLS
RESOLUTION NO. 427-15
ACCEPTING PUBLIC IMPROVEMENTS IN SKY BLUE ESTATES SUBDIVISION IN
THE CITY OF DUBUQUE, IOWA
Whereas, pursuant to Resolution 186-12, certain public improvements including
street paving with curb, sidewalk ramps, sanitary sewer main, watermain, storm sewers
and catch basins, fiber optics conduit, and street lighting were installed by the developer
of Sky Blue Estates Subdivision in the City of Dubuque, Iowa; and
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 DUBUQUE, IOWA:
Section 1. That the recommendation of the City Manager be approved and that
said public improvements in Sky Blue Estates Subdivision be and the same is hereby
accepted.
Section 2. That maintenance of said public improvements shall be the
responsibility of the owners, EKM LLC, for a period of two (2) years from the date of this
resolution.
Passed, approved and adopted this 21st day of December, 215.
Attest:
Kevin S irnstahl, 6ity ollerk
ai Roy D. Buol, Mayor
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Page of
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Kevin Firnstahl Sky Blue Estates No. 1 Acceptance of Public Improvements
?
From:Nate Kieffer
To:Rick Ehrlich
Date:12/29/2015 12:51 PM
Subject:Sky Blue Estates No. 1 Acceptance of Public Improvements
CC:Kevin Firnstahl
Attachments:MX4141N_20151229_131615.pdf
?
Rick,
I am sending a copy of the City Council resolution accepting the improvements for this phase of the
subdivision for your records. I am also including a letter explaining the reduced letter of credit amount for the
two year warranty period (LOC can be reduced to from $130,650 to $86,116 for the two year warranty period).
Please confirm that you have received this email.
Thanks for all your help with this project.
Nate Kieffer, PE/PLS
Land Surveyor
Engineering Department
City of Dubuque
50 West 13th Street
Dubuque, Iowa 52001
nkieffer@cityofdubuque.org
file:///C:/Users/kfirnsta/AppData/Local/Temp/XPgrpwise/568281EADBQ_DODBQ_PO...12/29/2015
Masterpiece on the Mississippi
Mr. Rick Ehrlich
EKM LLC
10662 Diesel Drive
Dubuque, IA 52001
Re: Maintenance Securities for Sky Blue Estates Subdivision
Dear Mr. Ehrlich:
Engineering Department
City Hall
50 W. 13th Street
Dubuque, Iowa 52001
563.589.4270
563.589.4205 (fax)
www.cityofdubuque.org
December 29, 2015
On December 21, 2015 the City of Dubuque accepted the public improvements in Sky
Blue Estates Subdivision by resolution 427-15. A copy of the resolution is included with
this letter for your records. Per the City's Unified Development Code, a maintenance
security in the amount of 25% of the total construction costs is required for the two year
maintenance period, starting on December 29, 2015 and running until December 29,
2017.
The required maintenance security is calculated as follows:
Total Project Cost of $344,464.20 X 0.25 = $86,116
Please have your financial institution submit a letter of credit to the City Clerk's office at
City Hall, 50 West 13th. Street, Dubuque, IA 52001, in the format provided by the City in
the amount of $86,116. The original letter of credit may be reduced or a new one can
be issued. If a new Letter of Credit is to replace the construction security, the Clerk will
return the construction security to the bank upon receipt of the maintenance security.
Please make sure that the new or revised Letter of Credit is signed by the bank and the
developer.
If you have any questions on this matter, please contact me at 589-4277.
Sincerely,
-7-v4
'l
Nate Kieffer, PLS
cc: Kevin S. Firnstahl, CMC, City Clerk
THE CITY OF
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Masterpiece on the Mississippi
Mr. Terry Mozena
Commercial Loan Officer
Premier Bank
2625 NW Arterial
Dubuque, IA 52002
Dubuque
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AII•AmericaCity
IA 52
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2007 • 2012 •2013
Re: EKM, LLC (Sky Blue Estates Subdivision)
Amended Letter of Credit #1086
Amended Amount: $86,116.00
Mr. Mozena,
City Clerk's Office
City Hall
50 W. 13th Street
Dubuque, IA 52001-4864
(563) 589-4120 office
(563) 589-0890 fax
ctyclerk@cityofdubuque.org
www.cityofdubuque.org
December 20, 2017
As the request of City of Dubuque Land Surveyor Nate Kieffer and pursuant to
Resolution No. 427-15, I am returning the original Amended Letter of Credit #1086
dated March 4, 2016 in the amount of $86,116.00.
Please contact me if you have any questions.
Kevin S. Firnstahl, CMC
City Clerk
Enclosures
Resolution No. 427-15, copy
Amended LOC #1086, original
cc: Nate Kieffer, Land Surveyor, City of Dubuque
File
IRREVOCABLE LETTER OF CREDIT
AMENDED
March 4, 2016
City of Dubuque
Attention: City Clerk
50 W. 13th Street
Dubuque, IA 52001
RE: EKM, LLC (Sky Blue Estates Subdivision)
Letter of Credit #1086 AMENDED
Original Amount $130,650.00
Amended Amount $ 86,116.00
We hereby establish our Irrevocable Letter of Credit in favor of the City of Dubuque, Iowa, for
the account of EKM, LLC for a sum not to exceed $86,116.00 (Eighty -Six Thousand, One
Hundred Sixteen Dollars and 00/100) effective immediately and expiring at the close of business
on December 29, 2017.
Funds under this Irrevocable Letter of Credit are available to you by your sight draft on Premier
Bank, 2625 NW Arterial, Dubuque, IA 52002, by submitting a sworn statement that the City has
not accepted all the public improvements required under Resolution No. 427-15 for EKM, LLC
(Sky Blue Estates Subdivision) in the City of Dubuque, Iowa and/or said improvements have not
been maintained for the two-year maintenance period following City acceptance.
Your draft shall contain the clause "drawn under Premier Bank, Letter of Credit #1086, dated
March 4, 2016". This original Irrevocable Letter of Credit must accompany any draft that
exhausts the credit and must be surrendered concurrently with the payment of such draft.
This Irrevocable Letter of Credit is subject to the Uniform Customs and Practices for
Documentary Credits (1993 revision, International Chamber of Commerce, Publication #500).
Dated this 6th day of March, 2016.
Prem'er Ba
By:
Title: Tiy L. Mo , Commercial Loan Officer
RESOLUTION NO. 427-'15
ACCEPTING PUBLIC IMPROVEMENTS IN SKY BLUE ESTATES SUBDIVISION IN
THE CITY OF DUBUQUE, IOWA
Whereas, pursuant to Resolution 186-12, certain public improvements including
street paving with curb, sidewalk ramps, sanitary sewer main, watermain, storm sewers
and catch basins, fiber optics conduit, and street lighting were installed by the developer
of Sky Blue Estates Subdivision in the City of Dubuque, Iowa; and
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 DUBUQUE, IOWA:
Section 1. That the recommendation of the City Manager be approved and that
said public improvements in Sky Blue Estates Subdivision be and the same is hereby
accepted.
Section 2. That maintenance of said public improvements shall be the
responsibility of the owners, EKM LLC, for a period of two (2) years from the date of this
resolution.
Passed, approved and adopted this 21st day of December, a 15.
Attest:
Kevin
irnstahl, 6ity bI'erk
Ray D. Buol, Mayor