Vacating Petition from Loras College_Portion of Cox StreetMasterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Vacating Petition - Portion of Cox Street
DATE: June 29, 2010
Dubuque
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Loras College President Jim Collins is requesting the vacating of Cox Street from Loras
Boulevard to 17 Street. All the abutting property is owned by Loras College.
A traffic count on this portion of Cox Street on May 16 and 17, 2007, indicated 1,312
vehicles per day. While it was not identified who drove those vehicles, it is safe to
assume that most of the trips were employees, students or guests of Loras College,
including employees of the Loras College Physical Plant located on that street. Many of
these vehicles would still travel on the southerly portion of Cox Street to access the
Alumni Campus Center parking lot and Physical Plant.
Cox Street is a significant financial liability for the City. The street reconstruction costs
are estimated at just over $550,000, with design and utility costs. In addition, if it were
determined that the City has responsibility for the 520 foot long and averages 22 foot
high retaining wall, replacement costs are estimated at $1,166,880. Street
reconstruction is needed in the near future, but the retaining wall is not currently in need
of repair or replacement.
Loras College plans to reconfigure the proposed vacated area into more of a campus
atmosphere with landscaping and other pedestrian features. The existing roadway
would be configured to eliminate local through traffic, which would create an
inconvenience for residents in the area who would need to travel alternate routes, such
as Alta Vista Street, Cornell Street, West 17 Street or Kirkwood Street. This section of
Cox Street would still be accessible for fire apparatus and other emergency vehicles.
Loras College would take over all responsibility for the streets, utilities and retaining
wall, eliminating over $1.5 million in liability for the City. Loras College is also proposing
to pay the City $50,000 for the vacated right -of -way.
Loras College held a neighborhood meeting on May 18, 2010, to discuss the proposed
vacating with the neighbors. One hundred seventy six people were contacted and
invited to the meeting. Thirteen people attended. Seven people spoke with concerns
about the vacating of Cox St. In a report from John McDermott, Director of Physical
Plant, the concerns were in regard to parking, street closure, winter driving conditions
and the right to have the street there. City Engineering received one call in favor of the
vacating and closing of Cox Street.
Mr. Tom Hoelscher submitted a letter of objection representing some other property
owners.
I respectfully recommend Mayor and City Council set a public hearing for August 2,
2010, to consider this request.
Michael C' Van Milligen
MCVM:jh
Attachment
cc: Jim Collins, President, Loras College
Rick Dickinson, Executive Director and COO, Greater Dubuque Development
Corporation
Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Gus Psihoyos, City Engineer
Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
SUBJECT: Vacating Petition — Portion of Cox Street
DATE: June 28, 2010
INTRODUCTION
DISCUSSION
Dubuque
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On March 29, 2010, the City received a second request from Loras College (Loras) for
vacating a portion of Cox Street from Loras Boulevard to West 17 Street.
In its second request, Loras proposed a purchase price of $50,000. They also indicated
they would accept responsibility for the retaining walls, all street paving, sanitary sewer
construction, and associated engineering fees. In addition, Loras agreed to provide
emergency access to support emergency response for personnel and vehicles including
all reasonable requirements established and set forth by law enforcement and fire
safety officials.
The attached plat shows the proposed portion of Cox Street to be vacated from Loras
Boulevard to West 17 Street. All the abutting property is owned by Loras College.
The area proposed to be vacated will be platted as one lot. This lot is an 889 -foot
portion of existing 60 -foot wide right -of -way on which public utilities currently exist.
Loras College plans to reconfigure the proposed vacated area into more of a campus
atmosphere with landscaping and other pedestrian features. The existing roadway
would be reconfigured to eliminate local through traffic, but would still be accessible for
fire apparatus and other emergency vehicles.
If vacated, Loras College has agreed to reconstruct the public sanitary sewer at their
sole expense and take over future maintenance since the sewer only serves Loras
College. This sewer was proposed to be reconstructed by the City at an estimated cost
of $47,500.
The reconstruction of Cox Street is not on the Five -Year Paving Plan. The estimated
cost of reconstruction of this portion of Cox Street is $469,354 based on the July, 2008
engineering estimate. This amount does not include construction staking and
inspection. The outstanding engineering fee for the design of this portion of Cox Street
is approximately $36,000.
In addition there has been much discussion between the City and Loras College
concerning the ownership of the retaining walls along the right of way of Cox St. and
who is responsible for repair and maintenance of same. The City's position is that the
retaining walls are private, while Loras College believes the walls to be public. Future
repairs to any portion of the limestone retaining wall west of the roadway could run well
over $100,000, plus any possible liability for adjacent improvements. Recent limestone
wall reconstructions on Grove Terrace and Heeb Street averaged $102 per square foot
of wall surface. Thus, a section of wall 75 feet long and 20 feet high would cost
approximately $153,000 to repair. The wall along this section of Cox Street is
approximately 520 feet long and averages 22 feet high.
Loras College held a neighborhood meeting on May 18, 2010, to discuss the proposed
vacating with the neighbors. One hundred seventy six people were contacted and
invited to the meeting. Thirteen people attended. Seven people spoke with concerns
about the vacating of Cox St. In a report from John McDermott, Director of Physical
Plant, the concerns were in regard to parking, street closure, winter driving conditions
and the right to have the street there. City Engineering received one call in favor of the
vacating and closing of Cox St.
Loras College has valued the property at $50,000 with the assumption of all liability for
the existing retaining walls, all street and sewer construction, and associated
engineering fees. Loras College would also be responsible for the surveying and
platting fees associated with the vacating plus $100 for publication and filing fees.
RECOMMENDATION
A traffic count completed on this section of Cox Street on May 16 and 17, 2007
indicated 1,312 vehicles per day. The closure of this portion of Cox Street will force
those vehicles to travel alternative routes such as Alta Vista Street, West 17 Street,
Kirkwood Avenue, and the northerly section of Cox Street. This additional traffic will
place more stress on those streets and will cause additional miles to be driven for those
living just north and east of the proposed vacate area. This vacating could also create a
precedent with other universities in the City which may also request similar
"aesthetically pleasing gateways" on campus for reasons of traffic calming, pedestrian
safety, etc. The savings of approximately $500,000 on public improvements for the
street and sewer, and perhaps many hundreds of thousands of dollars for future
retaining wall repairs, if deemed to be the City's responsibility, will need to be weighed
against the daily inconvenience of the adjacent property owners.
The City has no plans for the utilization of the portion of Cox Street from Loras
Boulevard to West 17 Street to be vacated, except for private utility easements and
emergency access.
If the City Council concludes, based upon the foregoing information, that the area
indicated by Lot 1A of City Lot 741 in the City of Dubuque, Dubuque County, Iowa, as
shown on the attached plat, should be vacated and sold to Loras College, a public
hearing should be set for the possible disposition of the City's interest in the subject
area on August 2, 2010.
If the vacating of this portion of Cox St. is approved, I would recommend that the
purchase price be established at $50,000, plus platting, publication, and filing fees.
ACTION TO BE TAKEN
This information should be provided to the City Council for their consideration and if
approved, a public hearing should be set for August 2, 2010, on the disposal of the
property through the adoption of the enclosed resolution.
Prepared by Ronald J. Turner, PLS
NORTH
COX STREET VACATE
LORAS COLLEGE
VICINITY MAP
‘
GRAPHIC SCALE
500 250 0 250
500
DRAWING MAY HAVE BEEN REDUCED
1 INCH = 500 FEET
PREPARED BY.
IIW ENGINEERS & SURVEYORS P.C,
4155 PENNSYLVANIA AVE, DUBUQUE. IOWA,
563.556.2464
LORAS COLLEGE PLACE
PLAT OF SURVEY
LOT 1A OF CITY LOT 741 IN THE CITY OF DUBUQUE, IOWA
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NORTH
GRAPHIC SCALE
0 100 200
CAP NO. 7771
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LOT 2
MINERAL LOT 91
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DRAWING MAY HAVE BEEN REDUCED
0 • NW COR. LOT 15
LEGEND
PLAT BOUNDARY
FOUND 5/8" IRON ROD
•
AS NOTED
SET 5/8" IRON ROD W/
PLASTIC CAP NO. 12631
( ) RECORD INFORMATION
ROW RIGHT -OF -WAY
DESCRIPTION: A 60 -FOOT WIDE VACATED
STRIP OF COX STREET LYING WESTERLY
OF AND ADJACENT TO LOT 1 OF CITY
LOT 741 AND LOTS 1 & 2 OF CITY LOT
742 IN THE CITY OF DUBUQUE, IOWA
PROPRIETOR: CITY OF DUBUQUE
SURVEYED FOR: LORAS COLLEGE
DATE OF SURVEY: MAY, 2010
TOTAL AREA SURVEYED: 1.224 ACRES
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LOT 1A OF CITY LOT 741
IS HEREBY RESERVED AS A
PUBLIC UTILITY EASEMENT
FiSID
NOTE
THIS SURVEY IS SUBJECT TO EASEMENTS,
RESERVATIONS, RESTRICTIONS AND
RIGHTS -OF -WAY OF RECORD AND NOT OF
RECORD.
I HEREBY CERTIFY THAT THIS LAND SURVEYING DOCUMENT WAS PREPARED
AND THE RELATED SURVEY W041( WAS PERFORMED BY ME OR UNDER MY
DIRECT PERSONAL SUPERVISION AND THAT I AM A DULY LICENSED LAND
SURVEYOR UNDER THE LAWS OF THE STATE OF IOWA
FOR IIW ENGINEERS & SURVEYORS. P C
4 .1111, . 4111111 _
JOHN M. TRANM -
LICENSE NO 12631
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MY LICENSE RENEWAL DATE I5 12/31/2010
PAGES OR SHEETS COVERED BY THIS SEAL I 2-
IIW ENGINEERS &
SURVEYORS, P.C.
INTEGRITY EXPERTISE SOLUTIONS
UBUQUE u
0155 PENNSYLVANIA AVE. DUBUQUE, 2 2
VOICE (563) 5562460 FAX 063) 156 611
DRAWN ARC
CHECKED JMT
DATE 05 -14 -10
PLAT NO. 37 —IA -07
PROJ. NO. 06128 -01
SHEET 1 of 2
P: \06 \128 \128 -01 \06128 -01 \DWG \06128 -01PLI
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Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13 Street, Dubuque, IA 52001 (563) 589 -4270
Return to: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589 -4270
RESOLUTION NO. 244-10
RESOLUTION OF INTENT TO VACATE AND DISPOSE OF CITY INTEREST IN LOT
1A OF CITY LOT 741 IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA
Whereas, Loras College has requested the vacating and disposal of a portion of
Cox Street from Loras Boulevard to West 17 Street; and
Whereas, IIW Engineers & Surveyors, PC has prepared and submitted to the
City Council a plat showing the vacated portion of Cox Street from Loras Boulevard to
West 17 Street and assigned a lot number thereto, which hereinafter shall be known
and described as Lot 1A of City Lot 741 in the City of Dubuque, Dubuque County, Iowa,
should be approved.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the City of Dubuque intends to vacate and dispose of its
interest in Lot 1A of City Lot 741 in the City of Dubuque, Dubuque County, Iowa.
Section 2. The City of Dubuque reserves unto itself a perpetual easement
including the right to ingress and egress thereto, for the purpose of erecting, installing,
constructing, reconstructing, repairing, owning, operating, and maintaining water, sewer,
drainage, fiber optics, gas, telephone, television cable, and electric lines as may be
authorized by the City of Dubuque, Iowa, as show on the Plat of Survey of Lot 1A of City
Lot 741 in the City of Dubuque, Dubuque County, Iowa.
Section 3. That the conveyance of Lot 1A of City Lot 741 in the City of
Dubuque, Dubuque County, Iowa, to Loras College shall be contingent upon the
following conditions:
1. Payment by Loras College of $50,000.00, plus platting, publication, and filing
fees.
2. Loras College shall agree that the construction, reconstruction, repair and
maintenance of the street, sanitary sewer, retaining walls, and watermain on the
portion of Cox Street from Loras Boulevard to West 17 Street shall become the
responsibility of Loras College on the date of the resolution approving the
disposal of said Lot 1A.
3. Loras College shall agree that an access corridor shall remain open at all times
to function as a Fire Apparatus Access Road, as classified by the International
Fire Code, with a minimum roadway width of 24 feet at all times.
4. Loras College shall agree that the corridor shall remain open for utility service
vehicles for construction and maintenance of existing or new utilities.
Section 2. That the City Clerk be and is hereby authorized and directed to
cause a notice of intent to vacate and dispose of said real estate to be published in the
manner as prescribed by law.
Passed, approved and adopted this 6th day of
Attest:
Jeanne F. Schneider, CMC, City Clerk
July
, 2010.
Roy D. Buol, Mayor
ACCEPTANCE OF RESOLUTION
Loras College hereby accepts and agrees to the foregoing terms of the disposition of
the property, specifically:
1. Loras College shall pay to the City of Dubuque $50,000.00, plus platting,
publication, and filing fees within 30 days of a statement from City.
2. The construction, reconstruction, repair and maintenance of the street, sanitary
sewer, retaining walls, and watermain on the portion of Cox Street from Loras
Boulevard to West 17 Street shall become the responsibility of Loras College on
the date of the resolution approving the disposal of said Lot 1A.
3. Loras College agrees that an access corridor shall remain open at all times to
function as a Fire Apparatus Access Road, as classified by the International Fire
Code, with a minimum roadway width of 24 feet at all times.
4. Loras College agrees that the corridor shall remain open for utility service
vehicles for construction and maintenance of existing or new utilities.
LORAS COLLEGE
By:
James E. Collins, President
To: Honorable Mayor Roy Buol
Dubuque City Council
Mike Van Milligan, City Manager
From: James E. Collins, President
¶ec`cL. G 4-110
The Loras Board of Regents has authorized me to submit the following proposal for your consideration:
• Loras College proposes purchasing Cox Street for $50,000. Loras desires the part of the street as
it extends from Loras Blvd. to West 17 St.
• If this purchase agreement is acceptable to the City of Dubuque, Loras would bear responsibility
for all aspects of that portion of the street's utilization and costs associated with the street's
upgrades and operation for such use including:
o Accepting ownership of and all liability related to the retaining wall that exists along this
part of Cox Street (the demise of the wall would likely cost around $1M according to
professional estimates we have received);
o Paying for the utility, pavement, landscaping and sanitary costs related to this part of
the street (we estimate costs to be approximately $400,000)
o Paying the outstanding IIW bill in full which the two entities (city and college) are
disputing
o Investing in and installing an emergency access system to support emergency response
personnel and vehicles
o Meeting all reasonable requirements established and set forth by law enforcement and
fire safety officials
• Loras College believes that the benefits to the City of Dubuque, if this purchase and ownership
agreement is accepted, include the following:
o Saves the City of Dubuque budget (and tax payer money) the cost of upgrading the
purchased portion of Cox St. (utilities, water, pavement)
o Exonerates City of Dubuque (and tax payers) from any potential liability related to
vehicular or pedestrian accidents that may occur on the purchased portion of the street
o Unequivocally ends the debate with regard to retaining wall ownership and the
liabilities and costs related to wall ownership
• In making this proposal, Loras has taken seriously the costs associated with and responsibility
for owning this part of the street. To that end, we would not permit vehicular traffic, except for
emergency and service purposes. We believe the risks associated with pedestrian safety and the
potential further deterioration of the wall to be too great
On May 12, 2010, Loras College sent a letter (see attached) to one hundred and seventy six (176)
neighbors to inform them of the College's desire to acquire the above - mentioned portion of Cox St. and
invite them to an information meeting on campus.
Loras did receive one phone call prior to the meeting from a resident near the corner of Cox and Angella
who spoke in favor of the proposed closing. She was referred to City Engineering for her further
comments.
The meeting was held on May 18 and there were thirteen individuals who attended the one hour and
twenty minute session facilitated by 3 College officials. A varying degree of comments were fielded from
seven participants, each of whom expressed opposition to Loras' proposal regarding Cox Street. There
were no comments from the remaining six.
Of the seven who commented, these were the points made with regard to Cox St.:
• One neighbor cited buying his house with the expectation that Cox Street was a trafficable
street. He further expressed concern about winter driving conditions
• One neighbor questioned why Loras wouldn't just fix the wall and articulated concerns about
parking and the street closure
• One couple said they were opposed to anything and everything. They were tax payers and no
one was going to own their street
The only consensus reached during the conversation related to the street, curb lines, and wall needing
repair. All other discussion related to complaints registered by the neighbors about the College was
unrelated to the Cox Street proposal.
Loras College is Iowa's oldest College and has an annual economic impact of over $150,000,000 on the
Dubuque area. We contribute mightily to the area's workforce with over 4,000 alumni gainfully
employed, more than 1,300 students annually volunteering over 33,000 service hours to not - for - profit
organizations and nearly 500 students providing valuable services as interns for businesses each year.
The intellectual vitality, cultural richness and recreational opportunities Loras adds daily to this
community cannot be overstated. With over 400 employees and 1,600 students, Loras is one of the top
ten local employers and enrolls the largest full -time, undergraduate student body in Dubuque. While
some generally understand these attributes, few recognize that for every Iowa student that enrolls at
Loras rather than a state institution, it saves the average taxpayer more than $17,000 a year. That is a
powerful fact when underscored by the additional reality that 40 percent of our out -of -state students
stay in Iowa to live and work after graduation.
Thank you in advance for your willingness to consider this specific request and for recognizing the
general merits related to Loras College!
Dubuque City Council
T
This e -mail is in response to the request by Loras college to acquire Cox Street. As a homeowner and
representative of many of the other homeowners on Angella Street [if the council wishes a petition
signed by the residents I have spoken to, I would be happy to provide this to the council] I wish to
express our objection to the proposed request for Loras to acquire Cox Street from 17th to Loras. This
Street continues to be a primary access for all of the homeowners on Angella to the primary Street of
Loras Boulevard. This access is especially needed during the winter months.
Two different council members have mentioned the current problem of who owns the wall along Cox
street and who would be responsible for repair of the wall. I understand that this is a dilemma that
needs to be resolved but should not be a bargaining chip to close the Cox Street access to residents
living on Angella, 17th St. and the rest of Cox Street. We purchased our homes knowing we would have
access to them from Loras Blvd.
Loras has expressed their concern for the safety of their students who are crossing the street during the
course of the normal day. During my 20 years as a resident on Angella and utilizing the Cox Street access
to Loras, I have never heard of or seen an injury due to traffic on that street. I would note that I have
heard of and seen injuries that have resulted from the numerous beer parties that occur in the areas
rental units that Loras owns. Most recently, I arrived home at 2a.m to see six squad cars at one of
Loras's properties and spoke with two different officers that described a Loras student trying to escape
the officers and jumping out of a second story window. Even then no injuries were incurred. I have no
doubt that Loras students may have incurred twisted ankles from walking home drunk from the various
bars they attend. I don't think closing off the street is going to change this problem.
Since the last proposal by Loras college was turned down, the city Council allowed Loras to close down
the section of Cox Street to Loras when they had special event's. We did not have a problem with this
approach and continue to feel that this was a good compromise. I would remind the council that Loras
specifically built the overpass in order to allow traffic to move along Cox Street. They also built it on top
of the specific wall that is in dispute.
The last time Loras spoke to us, they assured us that parking issues would not be a problem and that
buses will be parking in a different area than lower Cox. This has clearly not been the case and I see
closing Cox Street off as only opening the door for more traffic issues. It is not unusual to see traffic
lined up and down our street while parents attend their children's athletic events. These situations have
especially increased since Loras now allows Wahlert high school to play their football games in the rock
bowl.
The suggestion was made that maybe one of the other access streets such as 17th, Cox or Angella could
be named as a primary Street such as Loras in order to be thoroughly cleared in the winter in order to
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allow access. I would caution that the streets are very steep and would continue to be a problem getting
up. We wish to have Loras Boulevard as our point of access from Cox Street, since this is one of the
factors we thought about when we purchased our homes.
I attended the neighborhood meeting arranged by Loras college on May 18. At that time, Loras made it
clear that they were approaching the city in order to purchase Cox Street in exchange for accepting full
liability for the wall that they claim belongs to the city. If this deal is struck, Loras indicated they would
allow only access of this section of Cox Street to emergency vehicles. They indicated in their meeting
that any previous adjustments to how that street could be used are off the table and no adjustments
would be made.
As homeowners and taxpayers, we ask the city Council to reject the Loras proposal to take over Cox
Street and our access to Loras Boulevard. If you have questions of me, please feel free to e-mail or call
my cell at 581 -5987.
Respectfully Submitted,
Tom Hoelscher