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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.