Annexation and Roadway Improvement Agreement with the City of Asbury Copyright 2014
City of Dubuque Action Items # 3.
ITEM TITLE: Annexation and Roadway Improvement Agreement with the City of Asbury
SUMMARY: City Manager recommending approval of an Annexation and Roadway
Improvement Agreement between the City of Asbury and the City of
Dubuque related to properties owned by Stephen Kelley and Martin, Linda
and Terrence Bahl.
RESOLUTION Approving the Annexation and Roadway Improvement
Agreement between the City of Asbury and the City of Dubuque, Iowa
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s)
ATTACHMENTS:
Description Type
❑ Annexation and Roadway Improvement Agreement with Asbury-MVM City Manager Memo
Memo
❑ Staff Memo Staff Memo
❑ Vicinity map Supporting Documentation
❑ Road Design Supporting Documentation
❑ CIP Project Form Supporting Documentation
❑ Agreement with Exhibits A and B Supporting Documentation
❑ Resolution Resolutions
THE CITY OF Dubuque
U E I
erica .i
Masterpiece on the Mississippi 2007-2012-2013
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Annexation and Roadway Improvement Agreement with Asbury
DATE: August 31, 2015
Stephen Kelley owns property at 6900 Asbury Road that is split between the cities of
Dubuque and Asbury. Mr. Kelley is requesting severance (de-annexation) from the City
of Dubuque in order to annex his property to the City of Asbury.
The attached vicinity map shows the Dubuque parcel is a 0.67-acre lot that includes Mr.
Kelley's home at 6900 Asbury Road. The Asbury parcel is an L-shaped lot that includes
the driveway to Mr. Kelley's home and a small building. Annexation to Asbury will place
all of Mr. Kelley's home site in one community.
Martin J. and Linda C. Bahl and Terrence G. Bahl own a parcel of property platted as
"Freiburger Lane" from Asbury Road north to Forest Hills Subdivision in the City of
Asbury. This narrow 1.30-acre parcel separates two large parcels of Bahl property
located in the City of Dubuque. The Bahls are requesting severance from the City of
Asbury in order to annex this parcel to the City of Dubuque.
The City of Asbury is planning to design and reconstruct Asbury Road between the
intersection of Heacock Road and 650 feet west of the intersection with Briarwood Drive
in two phases. Phase I will be located in the Asbury City limits and Phase II will be
located in the Dubuque City limits. The estimated cost for the City of Asbury to design
and construct Phase II is $47,332.50, and the City of Dubuque's 50% cost share would
be $23,668.25.
Planning Services Manager Laura Carstens recommends City Council approval of an
Annexation and Roadway Improvement Agreement between the City of Asbury and the
City of Dubuque that will allow the City of Asbury to annex the Kelley property and the
City of Dubuque to annex the Bahl property. The annexations will be subject to final
approval of the City Development Board, the state board that approves annexations in
urbanized areas. In addition, the agreement sets forth the terms for sharing of
construction costs associated with the Phase II improvements to Asbury Road planned
within the City of Dubuque.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Mic ael C. Van Milligen'�'
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Laura Carstens, Planning Services Manager
2
THE CITY OF Dubuque
DITUB E �itedccacn
Masterpiece on the Mississippi .
207•2012•2013
MEMORANDUM
TO: Michael C. Van Milligen, City Manager
FROM: Laura Carstens, Planning Services Manager'ff(21
SUBJECT: Annexation and Roadway Improvement Agreement with Asbury
DATE: August 31, 2015
INTRODUCTION
This memorandum transmits for City Council review and approval, an Annexation and
Roadway Improvement Agreement between the City of Asbury and the City of Dubuque
for a portion of the two cities' common boundary along Asbury Road.
DISCUSSION
The annexation and roadway improvement portions of the Agreement are discussed
below. Maps and additional information are enclosed.
Annexation
The Agreement sets forth terms for annexation by each city of two parcels, one owned
by Stephen Kelley and the other jointly owned by Martin J. & Linda C. Bahl and
Terrence G. Bahl. Both parcels are shown in Exhibit A of the Agreement.
Kelley property
Stephen Kelley owns property at 6900 Asbury Road that is split between the cities of
Dubuque and Asbury. Mr. Kelley is requesting severance (de-annexation) from the City
of Dubuque in order to annex his property to the City of Asbury.
The enclosed vicinity map shows the Dubuque parcel is a 0.67-acre lot that includes Mr.
Kelley's home at 6900 Asbury Road. The Asbury parcel is an L-shaped lot that includes
the driveway to Mr. Kelley's home and a small building. Annexation to Asbury will place
all of Mr. Kelley's home site in one community.
Bahl property
Martin J. & Linda C. Bahl and Terrence G. Bahl own a parcel platted as "Frieburger
Lane" from Asbury Road north to Forest Hills Subdivision in the City of Asbury. The
enclosed vicinity map shows this narrow 1.30-acre parcel separates two large parcels of
Bahl property located in the City of Dubuque. The Bahls are requesting severance from
Annexation and Roadway Improvement Agreement with Asbury
the City of Asbury in order to annex this parcel to the City of Dubuque, which will
facilitate future development.
Approval of the Agreement will allow the City of Asbury to annex the Kelley property and
the City of Dubuque to annex the Bahl property, resulting in more uniform boundaries
for each city. The annexations will be subject to final approval of the City Development
Board, the state board that approves annexations in urbanized areas.
Roadway Improvement
The Agreement sets forth terms for sharing of construction costs associated with the
improvements to Asbury Road planned within the City of Dubuque.
Design
The City of Asbury is planning to design and reconstruct Asbury Road between the
intersection with Heacock Road and 650 feet west of the intersection with Briarwood
Drive in two phases. Phase I will be located in the Asbury city limits. Phase II will be
located in the Dubuque city limits.
On the enclosed roadway design, the Phase I segment is purple and the Phase II
segment is green. Phase I involves widening the road to an urban street design with
space for sidewalks on each side of the road in Asbury. Phase II involves tapering from
the wider urban street design in Asbury to the existing narrower rural roadway in
Dubuque. The adjoining property owners in Dubuque concur with this design.
Cost Share
The estimated total cost for the City of Asbury to design and construct the tapered
Phase II segment in Dubuque is $47,332.50 as shown in Exhibit B of the Agreement.
Under the terms of the Agreement, the City of Dubuque will reimburse the City of
Asbury in the amount of 50% of the actual construction costs incurred for Phase It.
The City of Dubuque's 50% cost share would be $23,666.25 from the FY16 Adopted
CIP No. 300-2614 for Asbury Road Reconstruction (West of City of Asbury Corporate
Limits). The CIP has $50,000 in revenue budget from Sales Tax Fund (35%) as shown
on the enclosed CIP budget form.
RECOMMENDATION
The Agreement was approved the Asbury City Council on August 25, 2015.
Staff recommends that the Agreement be approved by the Dubuque City Council to
facilitate annexation and roadway improvements that will create more uniform
boundaries for both cities.
Enclosures
cc: Gus Psihoyos, City Engineer
Jenny Larson, Budget Director
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Dubuque County Assessor,City of Dubuque Assessor
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NSA ASBURY ROAD RE-CONSTRUCTION PHASE II oanssam
EXHIBIT A CITYOF ASB DRY
ASBVRY.IOWA
DEPARTMENT: STATE PROGRAM; PROJECTTITLE: PROGRAM- 2C TOTAL_
Engin�ePinq)8treet PublicWorks', Asbury Road Reconstruction{West of Cityof'` '- DEPARTMENT:;55 - PROJECT
". Asbury Carperate Limits) FDICIP, 306-2614' ', COST '
:50,000'
EXP PRIOR ESTIMATED BEYOND
TO FY 15 FY 15 PROJECT BUDGET 2015-16 2016-17 2017-18 2018-19 2019-20 2020
A. EXPENDITURE ITEMS
Construction $ 50,000 _
$ - $ - TOTAL $ 50,000 $ - $ - $ - $ - $ -
B. PROJECT FINANCING
Sales Tax Fund (30%) $ 50,000 _
$ - $ - TOTAL $ 50,000 $ - $ - $ - $ - $ -
PROJECT DESCRIPTION
This project provides for the reconstruction of a short section of Asbury Road within the City of Dubuque corporate limits,just west of the City of Asbury's corporate limits.
JUSTIFICATION
The City of Asbury is planning on reconstructing Asbury Road, from Hales Mill Road to Asbury's westerly corporate City limits. The City of Asbury approached the City of
Dubuque and requested that the City consider partnering on the street reconstruction project for the short westerly section of the project where the roadway transitions
from City of Asbury jurisdiction to the City of Dubuque.
The existing Asbury Road, west of Hales Mill Road is a typical county rural section, 24-feet wide with granular shoulders. The City of Asbury's preliminary reconstruction
plans are to construct a new 42-feet wide street section with a center turn lane, curb and gutter and sidewalks. The City of Asbury is also evaluating complete street
alternatives and should funding be available, may consider incorporating multi-mode transportation options as identified in the East-West Corridor Study.
The City of Dubuque's cost share would be the short westerly section of the project where the roadway transitions from new 42-feet section within the City of Asbury to
the existing 24-feet wide road located in the City of Dubuque.
RELATIONSHIP TO OTHER PROJECTS
This project implements the Comprehensive Plan's Transportation Goal One: To provide, maintain and improve safe and efficient movement on the City's street system,
objectives 1.1) Support continuing the ongoing street construction program, providing for timely maintenance:, repair and reconstruction of the City street system, 1.2)
Encourage implementation of sound safety engineering principles and practices in the area of street lighting, street layout, speed limits, street signage, street pavement
striping, and traffic signals and 1.3) Support maintaining the street system's continuity and Goal Four: To provide, maintain, and improve a cost-effective, safe and
functional surface transportation system, objective, 4.4) Support maintaining and improving city alleys, guardrails, street lights, traffic control lights, street pavement
markings, traffic signs, street name signs, walls and other related facilities, 4.5) Support extending the life and improve the quality of the city street system through
preventative maintenance programs.
RELATIONSHIP TO SUSTAINABILITY PRINCIPLES
This project implements the Sustainable Principle of Reasonable Mobility, Community Design and Regional Economy.
263
THE CITY OF
DUB
Dubuque
Masterpiece on the Mississippi
7.2011,20n
Beth Bonz, City Administrator
City of Asbury
5080 Asbury Road
Asbury, IA 52002-2522
RE: Notice of Voluntary Annexation
Planning Services Department
City Hall - 50 West 134, Street
Dubuque, IA 52001-4805
(563) 5894210 phone
(563) 5894221 fax
(563) 690-6678 TDD
tanthnei ofd b
September 11, 2015
Dear Ms. Benz:
This letter transmits for a signed original of the Annexation and Roadway Improvement
Agreement between the City of Asbury and the City of Dubuque for a portion of the two
cities' common boundary along Asbury Road.
The enclosed Agreement has been signed by both the Mayor of Asbury and the Mayor
of Dubuque, and both signatures have been witnessed and notarized.
Also enclosed is a certified copy of the City of Dubuque's Resolution No. 311-15
approving the Agreement and authorizing the Mayor and City Clerk to sign the
Agreement on behalf of the City of Dubuque.
Please contact me if you have any questions or need additional information.
Thank you for your assistance with preparing the Annexation and Roadway
Improvement Agreement between our communities.
Sincerely,
Laura Carstens
Planning Services Manager
Enclosures
cc: Gus Psihoyos, City Engineer
Robert Schiesl, Assistant City Engineer
Kevin S. Firnstahl, City Clerk
Service
People
Responsibility
Innovation
Prepared by: Laura Carstens, City Planner Address: City Hall, 50 W. 13th St Telephone: 589-4210
Return to: Kevin S. Firnstahl, City Clerk Address: City Hall, 50 W. 13th St Telephone: 589-4121
RESOLUTION NO. 311-15
RESOLUTION APPROVING THE ANNEXATION AND ROADWAY IMPROVEMENT AGREEMENT
BETWEEN THE CITY OF ASBURY AND THE CITY OF DUBUQUE, IOWA
Whereas, the City Clerk of the City of Dubuque has received an Annexation and Roadway
Improvement Agreement from the City of Asbury to provide for the City of Asbury to annex the Kelley
property and the City of Dubuque to annex the Bahl property, and for the cost sharing of roadway
improvements.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. The City Council hereby approves the Annexation and Roadway Agreement between
the City of Asbury and the City of Dubuque to provide for the City of Asbury annexing the Kelley
property, and the City of Dubuque annexing the Bahl property, and the cost sharing of roadway
improvement costs.
Section 2. The Mayor and City Clerk are hereby authorized to sign the Agreement on behalf of
the City of Dubuque, Iowa.
Passed, approved and adopted this 8th day of September; 20
Attest:
Kevin. irnstahl, City Clerk
Roy D. Buol�fIC"/layor
ANNEXATION AND ROADWAY IMPROVEMENT AGREEMENT BETWEEN
THE CITY OF ASBURY
AND
THE CITY OF DUBUQUE
IT IS HEREBY AGREED by and between the City of Asbury, Iowa, an Iowa municipal
corporation and the City of Dubuque, Iowa, an Iowa municipal corporation, as follows:
WHEREAS, Stephen D. Kelley (hereinafter "Kelley") is the owner of real property located in
Dubuque County, Iowa legally described as Lot 1 Potts Place, which real property is situated outside the
Asbury city limits and is more particularly shown on Exhibit A attached hereto (hereinafter "Kelley
Property"). Kelley is interested and intents to voluntarily annex to the City of Asbury; and
WHEREAS, Martin J. Bahl, Linda C. Bahl and Terrence G. Bahl (hereinafter `Bahl")are the
owners of real property located in Dubuque County, Iowa legally described as Lot 2 W 1/2 NW Sec 19
T89N R2E, which real property is situated outside the Asbury City limits and is more particularly Exhibit
A attached hereto (hereinafter "Bahl Property"). Bahl is interested and intends to voluntarily annex to the
City of Dubuque; and
and
and
WHEREAS, the City of Dubuque is agreeable to the voluntary annexation of the Bahl Property;
WHEREAS, the City of Asbury is agreeable to the voluntary annexation of the Kelley Property;
WHEREAS, the City of Asbury is planning to design and reconstruct Asbury Road between the
intersection with Heacock Road and 650 feet west of the intersection with Briarwood Drive, of which an
approximately 300 foot segment is located within the corporate limits of the City of Dubuque (hereinafter
"Asbury Road Phase II"); and
WHEREAS, the City of Asbury and the City of Dubuque are desirous of entering into an
agreement regarding the reconstruction of Asbury Road Phase II and sharing of certain costs associated
therewith as set forth in this Agreement.
NOW THEREFORE, the parties hereto agree as follows:
1. This Agreement is subject to final approval of the City Councils of the City of Asbury and
the City of Dubuque by not later than September 15, 2015. If the agreement is not
approved by such date it shall be null and void.
2. This Agreement is subject to the final approval of the City Development Board, after the
exhaustion of any and all appeals from the action of the Board by any person or the
expiration of the time within which such appeals may be brought, approving the voluntary
annexation of the properties shown on Exhibit A.
3. The City of Asbury will design and construct Asbury Road Phase II consistent with the
plans, specifications and costs as set forth on Exhibit B attached hereto, subject to change
orders as agreed to by the City of Asbury and City of Dubuque. The City of Dubuque
shall reimburse the City of Asbury in the amount of 50% of the actual Asbury Road Phase
II construction costs incurred by the City of Asbury for the segment of the project located
within the corporate limits of the City of Dubuque (approximately 300 feet). Unit pricing
and estimated quantities are indicated on the attached cost estimate (Exhibit B), as
obtained from the General Contractor previously secured by the City of Asbury through
the required public bidding process. Reimbursement shall be made within thirty (30) days
of final acceptance of the project and receipt of written billing by the City of Dubuque.
4. This Agreement constitutes the entire agreement between the parties and it may not be
changed or terminated orally, but only by an instrument in writing executed by the parties
hereto.
APPJ OVED BY THE CITY COUNCIL OF THE CITY OF ASBURY ON THIS
rt ,2015
Attest"
City Clerk 2/3)-C4)
STATE OF IOWA
DUBUQUE COUNTY
) ss:
day of
On thisfl' day of , 2015, before me, the undersigned, Notary Public in and for
said State, personally appeare Jim Adams and Elizabeth A. Bonz, to me personally known, who, being
duly sworn by me, did say that they are the Mayor and City Administrator, respectively, of the City of
Asbury, Iowa; and that the instrument was signed on behalf of the corporation by authority of its City
Coyrncil, as contained in Resolution No.f j j o is adopted by the City Council on the 2h day of
, 2015, and that Jim Adams and Elizabeth A. Bonz acknowledged the execution of the
instrunlent to be their voluntary act and deed and the voluntary act and deed of the corporation, by it
voluntarily executed.
SARA L. BURKE
Commission Number 70
My Commission Expire(
2
or the State of Iowa
STATE OF IOWA
) ss:
DUBUQUE COUNTY
On this day of , 2015, before me the undersigned, Notary Public in and for said
State, perso ally appeared ,'� /1 Aroand ft� C 't- .� , to me known to be the
identical person(s) named in'and who, being duly swornby�me, exeadted the foregoing instrument, and
acknowledged that they executed the same as voluntary act and deed.
SARA L, BURKE
Commission Number 748282
My Commission Expires
3
or the State of Iowa
APPROVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE ON THIS 8th day of
September , 2015.
CITY OF DUBAY• .IOW,
By:
Mayor
STATE OF IOWA
) ss:
DUBUQUE COUNTY
On this 8th day of September , 20i 5, before me, the undersigned, Notary Public in and for
said State, personally appeared Roy D. Buol and Kevin Firnstahl, to me personally known, who, being
duly sworn by me, did say that they are the Mayor and City Administrator, respectively, of the City of
Dubuque, Iowa; and that the instrument was signed on behalf of the corporation by authority of its City
Council, as contained in Resolution No. 311-15 adopted by the City Council on the 8 t h day of
September , 2015 , and that Roy D. Buol and Kevin Firnstahl acknowledged the execution of the
instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it
voluntarily executed.
T ISH L, GLEASON
Commission Number 719986
My Commission Expires
►� •1
STATE OF IOWA
DUBUQUE COUNTY
) ss:
Notary Public in and for the State of Iowa
On this day of , 20 , before me, the undersigned, Notary Public in and for said
State, personally appeared and , to me known to be the
identical person(s) named in and who, being duly sworn by me, executed the foregoing instrument, and
acknowledged that they executed the same as voluntary act and deed.
Notary Public in and for the State of Iowa
4
EXHIBIT A
MAP OF PROPERTY
EXHIBIT B
DESCRIPTION OF PROJECT
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O ,
yrti s }a
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EXHIBIT B
PHASE 2-ASBURY ROAD RECONSTRUCTION
ESTIMATED COST FOR CONSTRUCTION IN CITY OF DUBUQUE CORPORATE LIMITS-WEST OF STA 11+60
ITEM ITEM ESTIlVIATED UNIT TOTAL
NO. DESCRIPTION QUANTITY" UNITS PRICE PRICE
General
Road Reconstruction
16 Unclassified Excavation I LS $ 4,500.00 $ 4,500.00
18 3-inch Breaker Run 750 TONS $ 12.00 $ 9.000.00
19 Crushed Aggregate Base Course 22.5 TONS $ 12.00 $ 2.700.00
22 ACC Roadway Pavement (5-inch min.Thickness) 1,130 SY $ 23.50 $ 26,555.00
23 PCC Driveway/Sidewalk/Ramp-Removal&Replace(6-inch min. Thickness) 750 SF $ 4.50 $ 3,375.00
Erosion Control
31 Silt Fence 250 LF $ 2.50 $ 625.00
38 Imported Topsoil 2.0 TONS $ 18.00 $ 360.00
39 Hydroseeding 150 SY $ 1.45 $ 217.50
TOTAL ESTIMATED COST $ 47,332.50