Vacating Petition_Portion of Cox Street_Request from Loras CollegeMasterpiece 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: July 21, 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 and several other letters of objection have been received.
A concern related to this request relates to the width of West 17 Street from Clarke
Drive west to the top of the hill. The street is 31 feet wide with parking on both sides of
the street, leaving a 16 foot driving lane. This narrow width is especially problematic in
the winter. It is probably not practical to remove parking from one side of the street in
this area because of the apartments. This problem already exists, but will be
exacerbated with the increased traffic. The cost to widen the street is estimated at just
over $150,000. The City will have $50,000 from the sale of Cox Street. It would help if
Loras College delayed the closure of Cox Street until the City was able to reprioritize
some projects through the Fiscal Year 2012 budget process and widen West 17
Street.
I respectfully recommend Mayor and City Council approval of the sale of Cox Street to
Loras College.
MCVM:jh
Attachment
cc: Jim Collins, President, Loras College
Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Gus Psihoyos, City Engineer
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Michael C. Van Milligen
Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
SUBJECT: Vacating Petition — Portion of Cox Street
DATE: July 21, 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 held 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 held on August 2, 2010, on the disposal of the
property through the adoption of the enclosed resolution.
Prepared by Ronald J. Turner, PLS
Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, IA (563) 589 -4270
Return to: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, IA (563) 589 -4270
RESOLUTION NO. 290-10
APPROVING THE PLAT OF PROPOSED VACATED PORTION OF COX STREET
FROM LORAS BOULEVARD TO WEST 17 STREET
Whereas, there has been presented to the City Council of the City of Dubuque,
Iowa, a plat dated the 14 day of May, 2010, prepared by IIW Engineers & Surveyors,
PC, describing the proposed vacated portion of Cox Street from Loras Boulevard to
West 17 Street; and
Whereas, said plat conforms to the laws and statutes pertaining thereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the plat dated the 14 day of May, 2010, prepared by IIW
Engineers & Surveyors, PC, relative to the real estate hereinabove described be and
the same is hereby approved, and the Mayor and City Clerk be and they are hereby
authorized and directed to execute said plat for and on behalf of the City of Dubuque,
Iowa.
Section 2. The City of Dubuque reserves unto itself a perpetual easement
including the right of 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 shown on the Plat of Survey of Lot 1A of
City Lot 741 in the City of Dubuque, Dubuque County, Iowa.
Section 3. That the City Clerk be and is hereby authorized and directed to file
said plat and certified copy of this resolution in the office of the Recorder in and for
Dubuque County, Iowa.
Attest:
Passed, approved and adopted this 2nd day of Aug st , 2010.
eanne F. Schneider, CMC, City Clerk
Roy D. Buol, Mayor
PREPARED BY: IIW ENGINEERS & SURVEYORS P.C. 4155 PENNSYLVANIA AVE. DUBUQUE. IOWA
LORAS COLLEGE PLACE
PLAT OF SURVEY
LOT A OF CITY LOT 741 IN THE CITY OF DUBUQU „ E
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LOT 2
MINERAL LOT 91
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GRAPHIC SCALE
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DRAWING MAY HAVE BEEN REDUCED
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PLAT BOUNDARY
FOUND 5/8" IRON ROD
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O 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
CAP NO. 7771 2
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JOHN M. _
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1 HEREBY CERTIFY THAT THIS LAND SURVEYING DOCUMENT WAS PREPARED
AND THE RELATED SURVEY WORK 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.
JOHN/ M. TRANM V / DAT?
UCENSE N0. 12631 MY UCENSE RENEWAL DATE IS 12/31/2010
PAGES OR SHEETS COVERED BY THIS SEAL /
IIW ENGINEERS &
SURVEYORS, P.C.
INTEGRITY. EXPERTISE. SOLUTIONS.
DUBUQUE. IA RAM MEEKW1
4155 PENNSYLVANIA AVE. DUBUQUE. IA 5300E
VOICE (303) 5561666 FAX (50) 5551111
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DRAWN ARC
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DATE 05 -14 -10
PLAT NO. 37-1A-07
PROJ. NO. 06128-01
SHEET 1 of 2
P: \06 \128 \128 -01 \06128 -01 \DWG 06128 -01 PLO
\ LOT 2
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LOT 1 \ LOT 741
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NOTE
LOT 1A OF CITY LOT 741
IS HEREBY RESERVED AS A
PUBLIC UTILITY EASEMENT
NOTE
THIS SURVEY IS SUBJECT TO EASEMENTS,
RESERVATIONS, RESTRICTIONS AND
RIGHTS -OF -WAY OF RECORD AND NOT OF
RECORD.
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. 291-10
VACATING A PORTION OF COX STREET FROM LORAS BOULEVARD TO WEST
17 STREET
Whereas, Loras College has requested the vacating 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;
and
Whereas, the City Council of the City of Dubuque, Iowa has determined that that
portion of Cox Street from Loras Boulevard to West 17 Street shown as Lot 1A of City
Lot 741 is no longer required for public use, except for utility easements as noted on
said plat, and vacating of said portion of the plat of Cox Street from Loras Boulevard to
West 17 Street, known 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 real estate described as Lot 1A of City Lot 741 in the City
of Dubuque, Iowa, be and the same is hereby vacated.
Section 2. The City of Dubuque reserves unto itself a perpetual easement
including the right of 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 shown on the Plat of Survey of Lot 1A of
City Lot 741 in the City of Dubuque, Dubuque County, Iowa.
Attest:
Passed, approved and adopted this 2nd day of Augu t 2010.
eanne F. Schneider, CMC, City Clerk
D. Buol, Mayor
Prepared by: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, IA (563) 589 -4270
Return to: Ronald J. Turner, City of Dubuque, 50 W. 13th Street, Dubuque, IA (563) 589 -4270
RESOLUTION NO. 292-10
RESOLUTION DISPOSING OF CITY INTEREST IN LOT 1A OF CITY
LOT 741 IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA
Whereas, pursuant to resolution and published notice of time and place of
hearing, published in the Telegraph Herald, a newspaper of general circulation
published in the City of Dubuque, Iowa on 23 day of August, 2010, the City
Council of the City of Dubuque, Iowa met on the 2 day of August, 2010, at 6:30
p.m. in the Public Library Auditorium, 360 West 11 Street, Dubuque, Dubuque
County, Iowa to consider the proposal for the sale of real estate described as:
Lot 1A of City Lot 741 in the City of Dubuque, Dubuque County, Iowa
Whereas, the City Council of the City of Dubuque, Iowa overruled any and
all objections, oral or written to the proposal to sell such real estate, except for
easement as noted.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1. That the sale of City of Dubuque real property described as
Lot 1A of City Lot 741 in the City of Dubuque, Dubuque County, Iowa, to Loras
College be and the same is hereby approved for the sum of $50,000.00, plus the
cost of platting, publication, and filing fees. Conveyance shall be by Quit Claim
Deed.
Section 2. The City of Dubuque reserves unto itself a perpetual
easement including the right of 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 shown
on the Plat of Survey of Lot 1A of City Lot 741 in the City of Dubuque, Dubuque
County, Iowa.
Section 3. 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 become the
responsibility of Loras College on the date of the resolution approving the
disposal of said Lot 1A.
Section 4. That a corridor in Lot 1A shall remain open 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. The corridor shall also remain
open at all times for utility service vehicles for construction and maintenance of
existing or new utilities and for emergency response for personnel and vehicles,
including all reasonable requirements established and set forth by City of
Dubuque by law enforcement and fire safety officials.
Section 5. That the Mayor be authorized and directed to execute a Quit
Claim Deed, and the City Clerk be and is hereby authorized and directed to
deliver said deed of conveyance to Loras College upon receipt of the purchase
price in full.
Section 6. That the City Clerk be and is hereby authorized and directed
to record a certified copy of this resolution in the offices of the City Assessor,
Dubuque County Recorder and Dubuque County Auditor.
2010.
Attest:
Passed, approved and adopted this 2nd
eanne F. Schneider, CMC, City Clerk
day
f August
L_
Roy D. B ol, 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 in Lot 1A 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 also remain open for utility
service vehicles for construction and maintenance of existing or new
utilities and for emergency response for personnel and vehicles, including
all reasonable requirements established and set forth by City of Dubuque
by law enforcement and fire safety officials.
LORAS COLLEGE
By:
James E. Collins, President
Loras College
Smyth
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