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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 c/o City Clerk r-~<" . ' ~~ City Hall th ~ n ~ ~ ~ , ,`~ 50 West 13 Street ~~ - ~- ~ Dubuque, Iowa 52001 ";`~ c~ -~- -" Re: KENNEDYMALL y' = '`~ Dubuque, Iowa ~~' 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