Kennedy Mall_Sidewalk OrdinanceKennedy Mall
July 23, 2009
Please reply to: 2445 Belmont Avenue
P. O. Box 2186
Youngstown, Ohio 44504-0186
Phone (330) 747-2661
Fax (330) 743-2902
Mayor and City Council C7
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Re: KENNEDYMALL y' = '`~
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Ordinance No. 25-09 (Sidewalks)
Dear Mayor and Council:
Per previous conversation and correspondence with your Engineering Department and their
subsequent discussion with the City Manager, we were instructed to direct this matter to your
attention. Please find this letter to serve as our formal appeal of City Ordinance No. 25-09 as
it relates to our property (Kennedy Mall). Also, we would like to have an opportunity to
discuss this item with you further at your next Council meeting on August 3, 2009. Please
find this letter to also serve as a request to be added to the agenda for that meeting. Find
further justification for this request based on the following concerns:
Per our telephone conversation on July 9, 2009, with Jane Smith and Ron Turner of your
Engineering Department, it is our understanding that Ordinance No. 25-09 of the City of
Dubuque Code of Ordinances will require sidewalk installation along all improved public
streets which abut the Mall property upon redevelopment of the Mall, as defined in the
ordinance. As were informed, this would include Wacker Drive, JFK Drive, and Stoneman
Road. Also, per our conversation, Century Drive would not be included at this time since it
currently has asphalt curb. However, at such time as it is improved, it would then be included.
To aid in this discussion, we have attached two plans with this letter. The first plan shows the
existing Mall site, and the second shows a restaurant outparcel layout for a deal currently in
negotiation, as well as an addition to the Mall for a new Durham's Sporting Goods store.
While we understand the intent of this ordinance, we do have concerns regarding its
application to the Kennedy Mall property. Find these concerns detailed below:
Page 1 of 3
Mayor and City Council
July 23, 2009
Page Two
1. It appears the intent of the ordinance is to create a pedestrian network as properties are
developed or redeveloped into commercial sites. The Kennedy Mall is unique and does
not fit this model. Whereas, a newly developed site could program this cost into their
other development costs at the onset of their project, we would be forced to install the
entire sidewalk network on our property as a result of any deal we would make with a
tenant that "changes the footprint of the structure (Mall)." This does not seem fair.
We have prepared an engineer's estimate detailing the approximate material and
installation costs for the sidewalk as required by this ordinance. This estimate does not
account for any special conditions such as utility relocation, removal and replacement of
unsuitable soils, or retaining walls. Even with this simplified assumption, the cost is
substantial.
2. The cost to install sidewalk along Wacker Drive, J.F.K. Drive, and Stoneman Road is a
cost that cannot be recovered from any of the pending deals and would be difficult to
recover from any future deals in the current economic climate. Its cost would erode the
return on investment of the associated build-out to a point that the deal could not go
forward as anticipated. We would be forced to utilize only existing interior Mall space,
which would not trigger the ordinance. We know this would be unacceptable to
Dunham's and we would lose them as a prospective tenant for this property. This would
be a repeating scenario for any prospective tenant we would solicit and result in limited
or no growth to the development as well as result in sales tax stagnation or decline.
3. We feel encouraging pedestrian traffic along Wacker and J.F.K. Drives will impede
vehicular traffic movement even further, and create a dangerous situation for pedestrians
and motorists. Pedestrians would be crossing four main entrances to the Mall resulting in
interrupted flow of traffic attempting to enter and exit the Mall from Wacker and J.F.K.
Drives. Also, from the sidewalk, pedestrians will not have a path of travel to the Mall
and will be forced to use either the entrance or exit drive lanes or navigate the parking lot.
4. Lastly, pedestrian movement would increase across Wacker and J.F.K. Drives creating a
dangerous situation as these streets are four and five lanes wide respectively, and heavily
traveled. Again, this increased pedestrian movement would only add to the congestion
already experienced along both of these streets.
Page 2 of 3
Mayor and City Council
July 23, 2009
Page Three
Please find this letter and attachments to serve as our request for exemption from this
ordinance. As we have discussed previously with your Engineering Department, whether or
not we construct proposed improvements at the existing drives on Century and JFK will
depend on the outcome of your decision regarding the implementation of this ordinance. The
amount of work required to accommodate the pedestrian walkways (sidewalk) in these drives
to current A.D.A. standards, would drastically increase the scope of work from what is
currently planned.
Should you have any questions, please do not hesitate to contact me.
Sincerely yours%
Ja es M. Shurell, P.E.
Senior Development Engineer
JMS/paf
Attachments
cc: Anthony M. Cafaro, Jr.
Rick Partika
Kevin M. Shifflet
Mike Sarris
Leonard Bretcko
Rick Klinehamer
Page 3 of 3
Kennedy Mall
Please reply to: 2445 Belmont Avenue
P. O. Box 2186
Youngstown, Ohio 44504-0186
Phone (330) 747-2661
Fax (330) 743-2902
LETTER OF TRANSMITTAL
FIRM: City of Dubuque, Iowa
ADDRESS: c/o City Clerk
50 W. 13 Street
Dubuque, Iowa
ATTN: Mayor & City Council
DATE: July 23, 2009
RE: Kennedy Mall
Dubuque, Iowa
Kennedy Mall Ordinance No. 25-09 (Sidewalks)
WE ARE SENDING YOU:
X ATTACHED X COPY OF LETTER
PRINTS X PLANS
QUANTITY DESCRIPTION DRAWING NO. DATE LAST REVISION
DATE
1 Letter of Appeal 7/2309
1 Existing Site Plan 055 - P-1 7/20/09
1 Proposed Site Plan 055 - P-lA 7/20/09
1 Engineer's Estimate 7/20/09
FOR APPROVAL X FOR YOUR USE AS REQUESTED
X FOR REVIEW
COMMENTS: Please contact us at your earliest opportunity after your review of these materials.
cc: File From: James M. Shurell, P.E.
Senior Develo ment Er
Date: July 20, 2009
ITEM DESCRIPTION
SIDEWALK COST ESTIMATE
KENNEDY MALL
CITY OF DUBUQUE, IOWA
QUAN. UNIT UNIT
PRICE
EXTENDED
PRICE
WACKER DRIVE
1 4" Concrete Walkway
2 Curbing
3 Material Cut
4 Material Fill
5 Topsoil, Seeding and Mulching
6 Entrance Drive Asphalt Regrading
KENNEDY DRIVE
1 4" Concrete Walkway
2 Curbing
3 Material Cut
4 Material Fill
5 Topsoil, Seeding and Mulching
6 Entrance Drive Asphalt Regrading
5,900 S.F. $9.00
120 L.F. $30.00
200 C.Y. $10.00
200 C.Y. $10.00
787 S.Y. $7.00
3 EACH $8,000.00
Estima ted Cost of Construction
1,375 S.F. $9.00
40 L.F. $30.00
48 C.Y. $10.00
48 C.Y. $10.00
183 S.Y. $7.00
l EACH $8,000.00
Estima ted Cost of Construction
$53,100.00
$3,600.00
$2,000.00
$2,000.00
$5,509.00
$24,000.00
$90,209.00
$12,375.00
$1,200.00
$480.00
$480.00
$1,281.00
$8,000.00
$23,816.00
STONEMAN ROAD
1 4" Concrete Walkway
2 Curbing
3 Material Cut
4 Material Fill
5 Topsoil, Seeding and Mulching
6 Entrance Drive Asphalt Regrading
CENTURYDRIVE
1 4" Concrete Walkway
2 Curbing
3 Material Cut
4 Material Fill
5 Topsoil, Seeding and Mulching
6 Entrance Drive Asphalt Regrading
10% Project Contingency
5,125 S.F. $9.00 $46,125.00
20 L.F. $30.00 $600.00
175 C.Y. $10.00 $1,750.00
175 C.Y. $10.00 $1,750.00
683 S.Y. $7.00 $4,781.00
1 EACH $8,000.00 $8,000.00
Estima ted Cost of Construction $63,006.00
4,750 S.F. $9.00 $42,750.00
40 L.F. $30.00 $1,200.00
165 C.Y. $10.00 $1,650.00
165 C.Y. $10.00 $1,650.00
633 S.Y. $7.00 $4,431.00
1 EACH $8,000.00 $8,000.00
Estima ted Cost of Construction $59,681.00
$23,671.20
GRAND TOTAL $260,383.20