Preliminary Vacate 12th StMEMORANDUM
August 30, 2001
TO:
FROM:
SUBJECT:
The Honorable Mayor and City Council Members
Michael C. Van Milligen, City Manager
Vacating A Portion of 12th Street
Greg and Peggy Stover are requesting preliminary approval from the City Council on
the vacation of a 12-foot wide portion of the 12th Street right-of-way, immediately west of
Bluff Street. This preliminary approval would allow the Stovers to continue with their
plans to develop the property, however, a public hearing will need to be held and the
Stovers can be given no assurance as to the results of that public hearing.
This property had been used by Egelhof-Casper Funeral Home as part of their parking
lot under a revocable permit from the City of Dubuque. The Stovers want to eliminate
the revocable permit and take ownership of the property.
Public Works Director Mike Koch advises that the City has no plans for the use of this
property and is recommending giving preliminary approval to the vacation.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van Milllgen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Michael A. Koch, Public Works Director
CITY OF DUBUQUE, IOWA
MEMORANDUM
August 28, 2001
TO:
FROM:
SUBJECT:
Michael C. Van Milligen, City Manager
Michael A. Koch, Public Works Director
Vacating A Portion of 12th Street
INTRODUCTION
Enclosed is a petition for Greg and Peggy Stover to vacate a 12-foot wide portion
of the 12th Street right-of-way, immediately west of Bluff Street.
BACKGROUND
Egelhof-Casper Funeral Home has utilized the northerly 12 feet of the 12th Street
right-of-way under a permit with the City for private parking since at least 1973.
They have held this permit under a 30-day revocable permit upon notice by the
City.
Recently Greg and Peggy Stover have purchased the Egelhof property, together
with the 12th Street parking lot. At the time of the sale, they were not aware that
they did not own the northerly 12 feet of the parking lot, which can accommodate
seven (7) parking stalls. The Stovers have indicated that parking is a major factor
in their investment, because of the lack of parking in this area.
Since the parking is so essential to their operation, they have indicated that a
continuation of a permit which contains a unilateral 30-day revocation clause would
not be acceptable to them.
DISCUSSION
In lieu of a permit to use the property, they are requesting to vacate the same 12
feet of the right-of-way.
It is unlikely, given the topography of 12th Street, that the street would ever be
widened. Currently there is sufficient room to allow two cars to pass by each
other, since there is no parking allowed on the street. City staff has taken a look
at the property values in this area as appraised by the County of Dubuque and have
estimated an average value of 91.61 per square foot.
The Stovers are willing to purchase the vacated right-of-way for 91.61 per square
foot, for a total of $2,700. The City does allow a credit for surveying in the
vacating of small parcels, which could amount from $600 to $1,000 credit, for a
net purchase price of $1,700 to $2,100.
RECOMMENDATION
I would recommend that the City Council consider the vacating of a portion of 12th
Street right-of-way since no improvements are envisioned for this portion of 12th
Street. Vacating of the right-of-way would, however, mean What the street could
never be widened beyond its current width. Other improvements, such as curb and
gutter and new paving and sidewalks, could still be accomplished within the
remaining right-of-way.
ACTION TO BE TAKEN
I would ask that the Council consider the request and give preliminary approval on
the requested vacating. This would then allow the Stovers to continue with their
plans to develop the property while a surveyor's plat is being prepared for the
formal vacating process. The approval of Council at this time would not be
binding, since formal vacating of the street can only be finalized after a public
hearing, and subsequent approval by the City Council. Any costs incurred by the
Stovers prior to the formal City Council approval would be at their sole expense.
MAK/vjd
lC*
VACATE AREA
50 50 Feet
PROPOSED 12th STREET VACATE