Asbury Plaza Drainage issueMEMORANDUM
May 28, 2003
TO:The Honorable Mayor and City Council Members
FROM:Michael C, Van Milligen, City Manager
SUBJECT:Werner Hellmer Drainage Inquiry
In response to the May 6, 2003 letter from Mr. Werner Hellmer about the Asbury Plaza
Stormwater Detention Facility, Assistant City Engineer Gus Psihoyos reports that the
facility has been in operation since February 2003.
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Gus Psihoyos, Assistant City Engineer
Mike Koch, Public Works Director
DAY HELLMER, P.C.
Attorneys at Law
Please reply to the Dyersville Office
1141 Main Street
Dubuque, IA 52001
Telephone: (563) 557-1885
Facsimile: (563)557-2335
ROBERT L DAY, JIL
WERNER HELLMER
THOMAS J. STRAKA, Associate
137 First Avenue East
P. O. Box 342
Dyersville, IA 52040-0342
Telephone: (563) 875-9733
Facsimile: (563) 875-8275
Tory Duggan, Mayor
City Hall
50 West 13th Street
Dubuque, Iowa 52001
Ma3· 6, 2003
Dear Mayor Duggen:
This letter pertains to the Rubloff Development Group, Inc. shopping mall (Asbury Plaza)
development located at the corner of Asbury Road and the Northwest Arterial in Dubuque, Iowa. I
represent clients who have property downstream from the development who are greatly concerned
about whether or not the developers have met all of the requirements for constructing an adequate
water retention basin to control the runoff from that property that enters into the stream coursing
through my clients' property. My clients recently read in the Telegraph Herald that Phase I of the
development of Asbury Plaza bas recently been completed and that future phases are contemplated.
Please advise the undersigned as to whether or not the developer is in compliance with any
and all requirements enneerning the installation of a water retention basin for said development.
Thanking you in advance for your consideration, I remain,
Sincerely,
DAY & HELLMER, P.C.
By:________________
Werner Hellmer
cc:Joseph and Judy Riniker
MEMORANDUM
May 28, 2003
TO:Michael C. Van Milligen, City Manager
FROM:Gus Psihoyos, Assistant City Engineer
SUBJECT:Werner Hellmer Drainage Inquiry
On November 4, 2002, Mrs. Riniker of 13543 Burton Furnace Road (Dubuque County)
addressed the City Council about the Asbury Plaza detention facility. I subsequently
contacted Bob Dunning, Vice President of Engineering for Rubloff Development, and
directed Rubloff to construct a temporary outlet structure as weather conditions
prohibited the permanent outlet structure to be completed. The detention basin has
been operational since February, 2003. According to McDermott Excavating (Rubloff's
contractor) final modifications on the detention basin will be completed by the end of
June.
I called Mike Wade with the Iowa DNR to discuss the matter. He stated that he has no
issues with the Asbury Plaza Detention Facility.
If you have any questions or concerns on the status of the Asbury Detention Facility
please contact me.
CC: Cindy Steinhauser, Assistant City Manager
Michael A. Koch, Public Works Director
Deron Muehring, Engineering
MEMORANDUM
January 29, 2003
TO: Michael C. Van Milligen, City Manager
FROM: Michael Koch, Public Works Director
SUBJECT: Asbury Plaza Detention Facility
INTRODUCTION
This memo is in response to your inquiry into the construction timetable for the Asbury
Plaza detention facility.
DISCUSSION
The detention facility is normally constructed during the grading operations. While the
detention basin was graded according to the approved site plan, the outlet structure was
not installed at that time. Moreover, the detention basin should have been fully
operational prior to the parking lot paving operations.
On November 26, 2002, City Engineering staff inspected the site, noted the incomplete
nature of the facilities, and informed Kyle Kritz (see attached memo) as to the
incomplete nature of the drainage facilities. Subsequently, Kyle contacted Rubloff
Development Group. From their conversation, it was understood that the detention
facility would be completed in December.
On January 21, 2003, following an inspection of the site, City Engineering staff
enlightened Kyle on the incomplete nature of the facilities. As a result, Kyle informed
Rubloff Development Group (see attached letter) that occupancy permits would be
withheld until the stormwater drainage facilities are completed.
Based on Kyle's letter, the drainage facilities should be completed before March of
2003.
Cc: Gus Psihoyos, Assistant City Engineer
Laura Carstens, Planning Services Manager
Kyle Kritz, Associate Planner
Deron Muehring, Civil Engineer
attachments
Planning Services Department
City Hall
50 West 13th Street
Dubuque, Iowa 52001
(563) 589-4210 office
(563) 589-4221 fax
(563) 690-6678 TDD
planning@cityofdubaque.org
January 27, 2003
CERTIFIED MAIL
Robert E. Dunning
Rubloff Development Group
4949 Harrison Ave - #200
Rockford IL 61108-7987
Dear Bob:
This letter is regarding two issues concerning the development of Asbury Plaza Shopping Center
here in Dubuque that require immediate attention.
1)The final design of the signalized intersection for the east frontage read and Asbury Road
needs to be submitted, reviewed and approved by City Engineering Division and the
signals installed prior to the opening of Phase I. The treffic study submitted by Snyder &
Associates for Phase I projected that the intersection would drop to a Level Of Service F
if the intersection remains stop controlled. Temporary signals may be necessary given
the time frame of store openings.
2)As of January 22, 2003, inspection by City Engineering staff found that the detention
basin outlet structure has yet to be constructed. In addition, the required ditch
improvements downstream of the detention basin have not yet been completed. The City
Engineering Division has received complaints regarding this issue and this work also
needs to be completed prior to the opening of Phase I.
Based on my observations, work is progressing toward most of the stores in Phase I being open
for business in March 2003. However, it appears Michael's and Petco will be ready to open in
February. These two issues need to be completed prior to the opening of the major retailers,
excluding Michael's and Petco. I will not be able to allow the issuance of occupancy permits for
any stores beyond that of Michael's and Petco until the two above issues have been addressed.
Please contact me if you have any questions about the information in this letter. If you have
questions cortceming the traffic signals, please contact Dave Ness at 563-5894270. If you have
questions concerning the storm water detention issues, please contact Deron Muehfing also at
563-589-4270.
Sincerely,
Kyle L. Kritz
Associate Planner
Mike Koch, Public Works Director
Rich Russell, Building Services Manager
Deron Muehring, Civil Engineer
Dave Ness, Civil Engineer
MEMORANDUM
January 15, 2003
TO:Mike Koch, Public Works Director
FROM:Michael C. Van Milligen, City Manager
SUBJECT:Asbury Plaza Detention Facility
Please give me a schedule for the completion of the Asbury Plaza Stormwater
Detention Facility. Since it is not yet complete, please provide me with what our
expectation was for completion.
Thank you for your assistance.
Michael C. Van Milligen
MCVM:jh
cc: Cindy Steinhauser, Assistant City Manager
MEMORANDUM
December 12, 2002
TO:The Honorable Mayor and City Council Members
FROM:Michael C. Van Milligen, City Manager
SUBJECT:Asbury Plaza Detention Basin
Mrs. Judy Riniger addressed the City Council about drainage from Asbury Plaza
affecting her property in the county. Assistant City Engineer Gus Psihoyos advises that
Asbury Plaza has not yet constructed their detention basin outlet structure. We are
currently working with them to expedite this construction.
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Gus Psihoyos, Assistant City Engineer
Michael A. Koch, Public Works Director
MEMORANDUM
December 2, 2002
TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, Assistant City Engineer
SUBJECT: Asbury Plaza Detention Basin
A few weeks ago Mrs, Judy Riniker addressed the City Council about drainage from
Asbury Plaza affecting her property in the county, Deron Muehring investigated the
situation and found that the detention basin outlet structure has yet to be constructed.
Therefore the detention basin is not functioning as it was designed. We are currently
working with Planning to see if we can expedite the construction of the outlet structure.
We have explained the situation to Mrs. Riniker.
If you need any further information please contact me.
cc:Cindy Steinhauser, Assistant City Manager
Michael A. Koch, Public Works Director
Kyle Kdtz, Associate Planner
Deron Muehdng, Civil Engineer
MEMORANDUM
December 2, 2002
TO:Kyle Kritz, Associate Planner
FROM:Deron Muehring, Civil Engineer
SUBJECT: Asbury Plaza Stormwater Management Deficiencies
CC:Gus Psihoyos, Assistant City Engineer
Ron Turner, Land Surveyor
On several occasions, citizens have contacted City Engineering expressing their
concerns with the drainage of the Asbury Plaza property. I visited the development
on November 26, 2002 and verified that the detention basin is not operational.
While acres of asphalt pavement and a large diameter (5-foot) storm sewer is in
place, the detention basin outlet structure has yet to be constructed. In addition,
the developer has yet to construct the required ditch improvements downstream of
the detention basin. The increased runoff flows uncontrolled from the site creating
flooding and sedimentation problems downstream of the development.
I recommend withholding the occupancy permit(s) until the detention basin is fully
operational.