Serenity Ridge Subdivision Intersectino Agreement RescisionMasterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Serenity Ridge Subdivision - Intersection Agreement
DATE: May 11, 2010
City Engineer Gus Psihoyos recommends City Council approval to rescind the
Intersection Agreement between the City of Dubuque and developer John Herrig for the
proposed intersection of Plaza Drive and Derby Grange Road. This frees up $454,540
of City funds for other projects.
The City Council approved this agreement at the May 5, 2008 City Council meeting.
However, the agreement has not been signed by John W. Herrig and Sally Jo Herrig
due to several circumstances, including unfavorable economic conditions. Mr. Herrig
indicated on May 6, 2010, that he could not continue with the proposed subdivision at
this time.
The possibility exists to negotiate another agreement in the future.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Gus Psihoyos, City Engineer
Michael C. Van Milligen
Dubuque
hall
All- AmedcaCity
1 1 1 i r
2007
Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
DATE: May 10, 2010
SUBJECT: Serenity Ridge Subdivision — Intersection Agreement
INTRODUCTION
This memorandum is to request City Council approval for the Mayor to rescind the
Intersection Agreement (Agreement) between the City of Dubuque (City) and developer
John Herrig (Developer) for the proposed intersection of Plaza Drive and Derby Grange
Road.
BACKGROUND
Serenity Ridge Subdivision is a 112 -acre subdivision proposed in the northwest
quadrant of the City of Dubuque. Approximately 65 of these acres were to be
subdivided into residential and commercial lots and served by an extension of Plaza
Drive that was proposed to intersect with Derby Grange Road west of the Derby Grange
Recreation Center.
This extension of Plaza Drive and its intersection with Derby Grange Road would have
provided two access points for the subdivision and connected Derby Grange Road with
the Northwest Arterial. For safety of the motoring public, the City agreed to partially
finance, as funding was available and according to plans approved by City, the
construction costs for improvements to the proposed intersection of Plaza Drive and
Derby Grange Road.
At a regular City Council session on May 5, 2008, the City Council authorized the Mayor
to sign the Intersection Agreement. However, the agreement has not been signed by
John W. Herrig and Sally Jo Herrig.
DISCUSSION
Dubuque
All-AnwrIcaCIty
2007
Mr. Herrig has elected not to sign the agreement due to several circumstances including
unfavorable economic conditions. In a conversation with Mr. Herrig on May 6, 2010, he
indicated he could not continue with the proposed subdivision at this time.
RECOMMENDATION
I recommend that the City rescind the agreement between the City of Dubuque and
John W. Herrig and Sally Jo Herrig for the proposed intersection of Plaza Drive and
Derby Grange Road that was approved by City Council on May 5, 2008.
BUDGET IMPACT
The rescinding of this agreement makes $454,540 available for other City projects.
ACTION TO BE TAKEN
I recommend that the City Council rescind the Intersection Agreement between the City
of Dubuque, Iowa, and John W. Herrig and Sally Jo Herrig and direct the Mayor to sign
the appropriate resolution as prepared by legal counsel.
Prepared by Ron Turner, PLS
cc: Jenny Larson, Budget Director
Laura Carstens, Planning Services Manager
Kyle Kritz, Associate Planner
David Harris, Economic Development Director
Ron Turner, PLS
Preparer: James A. O'Brien Address: Suite 330, Harbor View Place, 300 Main Street, Dubuque,
IA 52001 Telephone: (563) 583 -8550
RESOLUTION NO. 156-10
RESCINDING THE APPROVAL OF THE AGREEMENT BETWEEN THE CITY OF
DUBUQUE AND JOHN W. HERRIG AND SALLY JO HERRIG RELATING TO THE
INTERSECTION PROJECT FOR SERENITY RIDGE SUBDIVISION AT PLAZA
DRIVE AND DERBY GRANGE ROAD
Whereas, the City Council at its meeting on May 5, 2008 approved an agreement
between the City of Dubuque and John W. Herrig and Sally Jo Herrig relating to the
construction of an intersection project at Plaza Drive and Derby Grange Road relating to
the Serenity Ridge Subdivision proposed by John W. Herrig and Sally Jo Herrig; and
Whereas, John W. Herrig and Sally Jo Herrig have failed to sign the agreement
and have failed to submit subdivision improvement plans to complete their final plat
submission for Serenity Ridge Subdivision; and
Whereas, the City Council has previously budgeted funds for the cost of the
intersection improvement; and
Whereas, the City Council has determined that it is in the best interest of the City
of Dubuque to revoke its approval of the above - mentioned agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section1. The approval by the City Council of the agreement between the City of
Dubuque and John W. Herrig and Sally Jo Herrig on May 5, 2008 is hereby rescinded.
Attest:
Passed, approved and adopted thisl th day of May, 2010.
eanne F. Schneider, City Clerk
RoyJJ. Buol, Mayor
F:\ USERS \tsteckle \O' Brien\ Resolutions\ RescindingSerenityRidgelntersectionAgreement _John &SallyHerrig_051010.doc
EXP PRIOR
TO FY 08
ESTIMATED
FY 08
PROJECT BUDGET
A. EXPENDITURE ITEMS
Design & Engineering
Land and R.O.W.
Construction
Other
TOTAL
B. PROJECT FINANCING
Sales Tax Fund (30 %)
TOTAL
f i 'Z
2008 -09
2009 -10
$ 60,000
$ 400,000
$ 460,000
$ 460,000
$ 460,000
2010 -11
0S
2011 -12
2012 -13
BEYOND
2013
PROJECT DESCRIPTION
This project provides for assistance in the construction costs for the realignment of Derby Grange Road at the new Plaza Drive intersection. This intersection is proposed
for the Serenity Ridge Subdivision being planned by John Herrig. The existing profile of Derby Grange Road would be lowered to meet a design speed of 50 mph. The
roadway would be widened to 41 feet and meet City standards for a minor arterial. The costs for this project would be shared between the City and Herrig development on
a yet to be agreed percentage.
JUSTIFICATION
In order to safely provide access to the Serenity Ridge Subdivision off of Derby Grange Road, the profile of Derby Grange Road needs to be lowered to provide for
adequate sight distance at the intersection.
RELATIONSHIP TO OTHER PROJECTS
This project has a direct impact on the developments of the John Herrig and Wendell Corey development being proposed between Derby Grange Road and the Asbury
Plaza Site.
This project implements the Comprehensive Plan's Infrastructure Element: Goal 4.1; and Transportation Element: Goals 1.1, 1.2 and 1.3.
THE CITY OF
DUB
Masterpiece on the Mississippi
DISCLAIMER: This Information was compiled
using the Dubuque Area Geographic Information System
(OASIS), 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
most current and accurate information available, DAGIS and
It'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, arising 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.
Serenity Ridge, Phase 1
1,000 500
1 inch = 1,000 feet
Herrig Agreement
Vicinity Map, Dubuque, Iowa, 2010
1.000 Feet
W E
z product of a
6AGIS
DUagpU[OsEA GfOGS Af NIC isloe Ms, Irtre 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
H:1Engineeringl,Maps for Staff
\Ron Tumer'cVicinity Maps