Eagle Pt Bluff Req for P HearinSeptember29,2003
Honorable Mayor Ten5.' Duggan
Dubuque City Council Members
Dubuque, Iowa
Re: Request for Public Hearing
Eagle Point Bluff
Dear Mayor and Council Members:
Preserve Our Bluffs is submitting 1,300 signatures opposing the Royal Oaks
condominium development at the base of Eagle Point Park. At the time that the zoning
change was approved to allow this development, it was not made public knowledge that
there would be an incursion into city property at the base of Eagle Point Park. In the
early 1900s a public concrete staircase was built to connect the Mississippi river to the
bluff overlook at Eagle Point Park. This staircase was part of the master plan of the park.
With the incursion into the bluff, the bottom portion of this historical staircase will be
demolished. The staircase and other city-owned parts of Eagle Point bluff were turned
over to the developer without public knowledge. This is public property.
We request that the city council conduct a public hearing at the next city council
meeting to examine the major incursion into city-owned parts of Eagle Point bluff and
the removal of city property. This is not an insignificant removal of city property
because of the scenic vistas of the river bluff and the historic heritage of Eagle Point
Park.
Sincerely,
S.A. Sutton
1875 Custer Street
Francine Banwarth
985 So. Grandview Avenue
Charles Winerwood, MD
1555 Montrose Terrace
Matt Lundh
2678 Marywood
We, the undersigned, ask your courage in protecting our heritage, including our magnificent
bluffs, river vistas and conscious protection of the wildlife. Please continue the lega~ of our
forefathers for fut~re generations. SayNO to the Royal Oaks development project at the site of
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We, the undersigned, ask your courage in protecting our heritage, including our magnificent
bluffs, river vistas and conscious protection of the wildlife. Please continue the legacy of our
forefathers for future generations. Say NO to the Royal Oaks development project at the site of
the former Tollbridge.
We, the undersigned, ask your courage in prot~ting our heritage, inclod~ug our magnificent
bluffs, river vistas and conscious protection of the wildlife. Please continue the legacy ofour
forefathers for future generations. Say NO to the Royal Oaks development project at the site of
the formel' Tol!bddge.-
We, the undersigned, ask your courage in protecting our heritage, including our
magnificent bluffs, river vistas and conscious protection of our wildlife. P/~a.~
continue l~e legacy of our forefathers for future generatJon~ Say NO to the
Royal Oaks development project at the site of the former Tollbridge,
N~me (Printed)
Address
Telephone
We, the undersigned, ask your courage in protecting our heritage, including our magnificent
bluffs, river vistas and conscious protection of the wildlife. Please continue the legacy of our
forefathers for future generations. Say NO to the Royal Oaks development project at the site of
the former Tollbridge.
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We, thc un~-rsi~l, ask your com, a~e in protec~g our hc~tag¢, including our me~i_ 'ficem
bluffs, river vistas and conscious ~oteclion of the wildlife. /'/ease ce~ ~/~8~j, ofoer
forefath~forftttttre genentt/a~. Say NO ~o the Royal Oaks dm, elopmeat project at the sit~ of
the former Tollbridge.
We, the undersigned, ask your courage in protcctbg our heritage, including our magnificent
bluffs, river vistas at~d conscious protection of the wildlife. Please continue the legacy of our
forefathers for future generation . Say NO to th6 Royal Oaks development project at the site of
the former Toltbridge.
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We, the undersigned, ask your courage in protecting our heritage, including our magaificent
bluffs, river vistas [md conscious protection of the wildlife. Please continue the legacy of our
forefathers for future generations. Say NO to the Royal Oaks development project at the site of
the former Tollbridge.
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We, the tmdersigned, ask your courage ia protecting our heritage, iacludiag our magnificent
btuffs, river vistas and conscious protection of the wildlife. Please continue the legacy of our
forefathers for future generations. Say NO to the Royal Oaks development project at the site of
the former Tollbridge.
We, the undersigned, ask your courage ia protecting our heritage, including our magnificent
bluffs, fiver vistas arm conscious protection of the wildlife. Please continue the legacy of our
forefathers for future generations. Say NO to the Royal Oaks development project at the site of
the former Tollbfidge.
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hlu~, ~ver vi~t~ ~d con~ciou~ protection o~e wildlife. ~
~r~6~r~r~m~ ~n~n~. 8a7 NO ~ the Royal O~ devetopment p~oject nt ~ site of
· e ~o~er Tollb~dge.
we, be undersigned, ask your courage m protecting our heritage, mclurhng our magnificent
bluffs, fiver vistas and conscious protection of the wildlife. Please continue the legacy of our
forefathers for future generations. Say NO to the Royal Oaks~development project at the site of
the former Tollbridge.
w e, me unoersxgnea, ask your courage m protecting our heritage, mcludmg our magnificent
bluffs, river vistas and conscious protection of the wildlife. Please continue the legac~ of our
forefathers for future generations. Say NO to the Royal Oaks development project at the site of
the former Tollbridge.
we, me unacrs~gnea, ask your courage m protecting our l~entage, mcmamg our magmncent
bluffs, river vistas and conscious protection of the wildlife. Please continue the legacy of our
forefathers for future generations. Say NO to the Royal Oaks development project at the site of
the former Tollbridge.
vv ~, ux~ mm~l~ydmu, u~K your courage m pro[ccung our ncmagc, muluumg our ~lagllli1ccn[
bluffs, river vistas and conscious protection of thc wildlife. Please condnue the legacy of our
forefathers for furore generations. Say NO to thc Royal Oaks development project at the site of
the former Tollbridgc.
we, tl~e unaerstgnea, ask your courage xn protecting our heritage, including our magnificent
bluffs, river vistas and conscious protection of the wildlife. Please continue the legacy of our
forefathers for future generations. Say NO to the Royal Oaks~developm.en.t project at the site of
the former Tollbridge. Orn~o-~octu.,v~
w c, me unaers~gnea, ask your courage m protecting our t~entage, mcluamg our magnmcent
bluffs, river vistas and conscious protection of the wildlife. Please continue the legacy of our
forefathers for future generations. Say NO to the Royal Oaks development project at the site of
the former Tollbridge.
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w c, mc unacrslgnecl, ask your courage m protecting our l~entage, mclu~mg our magnlIlcont
bluffs, river vistas and conscious protection of the wildlife. Please eontinue the lega~ of our
foref,,thersforfumr~ generations. Say NO to the Ro~al O~ development prqject at the site of
· e foyer Tollb~dge. ,
mu~rs, nver vlstas..anu consclOU~l;b-:oteet~n of the wildlife. Please continue the l~oo,~o
fo 'efathersforfumregener~ons. Say NO to the Royal Oaks development project at the site of
the former Tollb.~g~..
,, ~, u:u uau~r8~gneo, asz your courage m protecting our heritage, including our ma~dicent
bluffs, river vistas and conscious protection of thc wildlife. Please continue the leRacy of our
forefathers for future generations. Say NO to the Royal Oaks development project at the site of
the former Tollbridge.
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vv v, mc uamcrslgneo, ask your courage m protecting our heritage, including our magnificent
bluffs, river vistas and conscious protection of the wildlife. Please continue the legacy of our
forefathers for future generations. Say NO to the Royal Oaks development project at the site of
the former Tollbddge.
we, tl~e understgned, ask your courage m protecting our heritage, including our magnificent
bluffs, river vistas Md conscious protection of the wildlife. Please con,hue the legacy of our
forefathersforfumregenera~ons. Say NO to the Royal O~ks develc~pment project at the site of
the former Tollbridge.
,, % m~ u. uu~,t ~tFOl~u, as& your courage m protecting o~ ncnmge, including o~ ma~lIlCent
bluffs, river vist~ ~d conscious protection of ~c wildlife. Ple~e continue the lega~ of our
forefathers for furore genera~ons. Say NO to thc Ro~l O~s devclopmem project at ~c site of
thc foyer Tollbfidgc.
w e, me unoeragnert, ask your courage m protecting our heritage, ~nclufl~ng our magnificent
bluffs, river vistas and conscious protection of the wildlife. Please continue the leguey of our
forefathers for future generations. Say NO to the Royal Oaks development project at the site of
the former Tollbridge.
We, the undersigned, ask your courage in protecting our heritage, including our magnificent
bluffs, river vistas and conscious protection of the wildlife. Please conanue the legacy of our
forefathersforfumregeneraaons. Say NO to the Royal Oaks development project at the site of
the former Tollbridge.
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We, the undersigaed, ask your courage ia protecting ottr heritage, including our magnificent
bluffs, river vistas and conscious protection of the wildlife. Please continue the legacy of our
forefathers for future generations. Say NO to the Royal Oaks development project at the site of
the former Tollbridge.
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bluffs, ~ver vistas and conscious protection of~e wildlife. Please con~nue the lega~ of our
forefathersforfumregenera~ons. Say NO to the Royal O~s development project at the site of
· e foyer Tollb~dge.
bluffs, fiver vistas and conscious protection of the wildlife. Please continue the legacy of our
forefathers for future generations. Say NO to the Royal Oaks development project at the site of
the former Tollbfidge.
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bluffs, fiver vistas and conscious protection of the wildlife. Please continue the legacy of our
forefathers for future generations. Say NO to the Royal Oaks development project at the site of
the former Tollbridge.
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,..., ,~.,~ ~,,,,~,.,o~,~u, ~t~ yum ~:uufa~ m protcctmg our tlerltage~ lncluoIng our magnltlCent
bluffs, river vistas and conscious protection of the wildlife. Ple~e
for~af/~ersf~rf~mr~ ge#crab,ns. Say NO to the Royal Oaks development project at the site of
the former Tollbridge.
bluffs, river vistas and conscious protection of the wildlife. Please continue the legacy of our
forefathemforfntnregenerat~ons. Say NO to the Royal Oaks development project at the site of
the former Tollbridge.
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bluffs, river vistas and conscious prot~ctio~ of the wildlife.Please-continue~' ...... the legaey*'""~'l'ofour
forefathers for fumre generations. Say NO to the Royal O~ developmem project m the site of
the fomer Tollbfidge.
bluffs, river vistas ~ - ...... ,,- - r ......... s .,~ ,,~,,,a~., mumumg our ma~mcem
~d conscious protection of~e wildlife. Ple~e con,hue the lega~ of our
forefathers for furore generations. Say NO ~ ~e Ro~l O~ development project at the site of ~
· e fo~ Tollb~dge. ,.
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bluffs, river vistas and conscious protection of the wildlife. Please continue the legacy of our
forefathers for future generations. Say NO to the I~.oyal Oaks development project at the site of
the former Tollbridge.
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bluffs, river vistas a~d conscious --
protection of the wildlife, Please continue the legacy of our
forefathers for future generations. Say NO to the Royal Oaks development project at the site of
the former Tollbridge.
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bluffs, river vistas and conscious protection of the wildlife. Please continue the legacy of our
forefathers for future generations. Say NO to the Royal Oaks development project at the site of
the former Tollbridge.
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,, ,-, ..... ,.,~ oq~a,~% aa~x yum ~uua n~c m p~mccung o~ heritage, mcluomg o~ ma~lliccnt
bluffs, fiver vistas ~d conscious protection of~e wildlife. Ple~e con~nue the lega~ of our
forefathers for furore genera~ons. Say NO to the Ro~l O~s developmem project at the site of
the foyer Tollbfidge.
bluffs, fiver vistas and conscious prot~ctio~ of the wildlife. Please continue the legacy of our
forefathers for future generations. SayNO to the Royal Oaks development project at the site of
the former Tollbridge.
bluffs, river vistas a~d conscious protection of the wildlife. Please continue the legacy of our
forefathers for future generations. Say NO to the Royal Oaks development project at the site of
the former Tollbridge.
,, -, ....... ,o,~,,~, ,~a yum ~.~. nll~ m piutct~tulg ottr llt~lltagC, lllClUtllllg Ollr magnlllCent
bluffs, fiver vistas and conscious protection of the wildlife. Please continue the legacy of our
forefathers for future generations. Say NO to the Royal Oaks development project at the site of
the former Tollbridge.
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bluffs, river vistas ~d conscious protection of~e wildlife. Please coa~ane the le~a~ clear
~ore~athers~orf~re geaera~oas. Say NO to ~e Royal O~s development project at the site of
the fo~ Tollbfidge.
We, the undersigned, ask your courage in protecting our heritage, including our magnificent
bluffs, river vistas and conscious protection of the wildlife. Please continue the legacy of our
forefathers for future generations. Say NO to the Royal Oaks development project at the site of
the former TollbridgeL
We, the undersigned, ask your courage in pr~e~n~tage, including our magnificent
bluffs, fiver vistas and conscious protection of the wildlife. Please continue the legacy of our
forefathers for future generations. Say NO to the Royal Oaks development project at the site of
the former Tollbfidge.
river vistas and conscious protection of the wildlife. Please: c°#~nue the legacy of our
forefathers for f, mregeneradons. SayNO to the Royal Oaks&de{,elol~m.ent.projeet at the site of
the former Tollbridge. c.~d~r~ ~
bluffs, river vistas and conscious protection of the wildlife. Please continue the legacy of our ~
forefathers for future generations. Say NO to the Royal Oaks development project at the site of ¢~'~f~[~
the former Tollbridge.
We, the undersigned, ask your courage ia protecting our heritage, iacluding our magnificent
bluffs, fiver vistas [md conscious protection of the wildlife. Please continue the legacy of our
forefathers for future generations. Say NO to the Royal Oaks development project at the site of
the former Tollbfidge.
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We, the undersigned, ask your courage in protecting our heritage, including our magnificent
bluffs, river vistas and conscious protection of the wildlife. Please continue the legacy of our
forefathers for future generat~ons. Say NO to the Royal Oaks development project at the site of
the former Tollbridge.
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We, the undersigned, ask your courage in protecting our heritage, including our magnificent
bluffs, fiver vistas and conscious protection of the wildlife. Please continue the legacy of our
forefathers for future generations. Say NO to the Royal Oaks development project at the site of
the former Tollbridge.
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We, the undersigned, ask your courage in protecting our heritage, including our magnificent
bluffs, river vistas and conscious protection of the wildlife. Please continue the legacy of our
forefathers for future generations. Say NO to the Royal Oaks development project at the site of
the former Tollbridge.
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bluffs, fiver vistas and conscious protection of the wildlife. Please continue the legacy of our
forelathersforfut~re generations. Say NO to the Royal Oaks development project at the site of
the former Tollbfidge.
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bluffs, river vistas and conscious protection of the wildlife. Please conMnue the legacy ofo,r
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forefathers for futnre generation . Say NO to the Royal Oaks development project at the site of
the former Tollbridge.
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We, the undersigned, ask your courage ia protecting our heritage, including our magnificent
bluffs, river vistas nd conscio.us PsrOtection of the wildlife. Please continue the legacy of our
forefathers for future genera~on · Say NO to the Royal Oaks development project at the site of
the former Tollbridge. ~.~
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bluffs, river vistas and conscious protection of the wildlife. Please continue the legac~ of our
forefathers for future generations. Say NO to the Royal Oaks development project at the site of
the former Tollbridge.
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We, the undersigned, ask your courage in protecting our heritage, including our magnificent
bluffs, river vistas and conscious protection of the wildlife. Please continue the legacy of our
forefathers for future generations. Say NO to the Royal O~tks development project at the site oi'
the former Tollbridge.
,, ,~, ul~ utau~t~uuu, a~x yum [uua agt: m pl'Ot~Cl;lllg our nemage, lncluumg our magnlllCent
bluffs, river vistas and conscious protection of the wildlife. Please continue the legacy of our
forefathers for future generations. Say NO to the Royal Oaks development project at the site of
the former Tollbridge.
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bluffs, river vistas and conscious protection of the wildlife. Please continue the legacy of our ~,,ftc~
forefathers for future generations. Say NO to the Royal Oaks development project at the site of
the former Tollbridge.
0 U-I OL(Y OF "i::
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We visit Dubuque lbr many reasons, not the least of which are the beautiful natural
resources. We love the magnificent bluffs located both along the River, and throughout
your town. Please, work to preserve the beauty you already have. Once gone, it cannot
be rebuilt or repaired. The consequences will affect the tourist dollar. Please do not
block the bluffs at Eagle Point.
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We, the undersigned, ask your courage in protecting our heritage, including our magnificent
bluffs, fiver vistas and conscious protection of the wildlife. Please continue the legacy of our
forefathers for future generations. Say NO to the Royal Oaks development project at the site of
the former Tollbridge.
We, the undersigned, ask your courage in protecting our heritage, including our magnificent
bluffs, river vistas and conscious protection of the wildlife. Please continue the legacy of our
forefathers for future generations. Say NO to the Royal Oaks,developmem project at the site of
the former Tollbridge.
We, the undersigned, ask your courage in protecting our heritage, including our magnificent
bluffs, river vistas and conscious protection of the wildlife. Please continue the legacy of our
forefathers for future generations. Say NO to the Royal Oaks development project at the site of
the former Tollbridge.
We, the undersigned, ask your courage in protecting oar heritage, including our magnificent
bluffs, fiver vistas and conscious protection of the wildlife. Please continue the legacy of our
forefathers for future generations. Say NO to the Royal Oaks development project at the site of
the former Tollbridge.
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We, the undersigned, ask your courage in protecting our heritage, including our magnificent
bluffs, river vistas and conscious protection of the wildlife. Please continue the legacy of our
forefathers for future generations. Say NO to the Royal Oaks development project at the site of
the former Tollbridge.
We, the undersigned, ask your courage in protecting our heritage, including our magnificent
bluffs, river vistas and conscious protection of the wildlife. Please continue the legacy of our
forefathers for future generations. Say NO to the Royal Oaks development project at the site of
the former Tollbridge.
/7-
We, the undersigned, ask your courage in protecting our heritage, including our magnificent
bluffs, river vistas and conscious protection of the wildlife. Please continue the legacy of our
forefathers for future generations. Say NO to the Royal Oaks development project at the site of
the former Tollbridge.
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We, the undersigned, ask your courage in protecting our heritage, including our magnificent
bluffs, river vistas and conscious protection of the wildlife. Please continue the legacy of our
forefathers for future generations. Say NO to the Royal Oaks development project at the site of
the former Tollbridge.
We, the undersigned, ask your courage in protecting our heritage, including our magnificent
bluffs, river vistas and conscious protection of the wildlife. Please continue the legacy of our
forefathers for future generations. Say NO to the Royal Oaks development project at the site of
the former Tollbfidge.
We, the undersigned, ask 'your courage in protecting our heritage, including our magnificent
bluffs, river vistas and conscious protection of the wildlife. Please continue the legacy of our
forefathers for future generatlons. Say NO to the Royal Oaks development project at the site of
the former Tollbridge.
We, the trade,-signed, a~k yonr ~om'a~ in protecting our heritage, in~l,~llng our magnificent
bluffs, river vistas and conscious protection of the wildlife. Please eonti#ue the t~gaey of our
forefathers forf~ntre gener~on& Say NO to the Royal Oaks development project at the sit~ of
the former Tollbridge.
vv % u,c mmcrmgnea, ask your courage m protecting our heritage, mcludmg our magnificent
bluffs, river vistas and conscious protection of the wildlife. Please continue the legacy of our
forefathers for future generations. Say NO to the Royal Oaks development project at the site of
the former Tollbridge.
bluffs, river vistas and conscious protecti6n of the wildlife. Please continUethe legacy of our
forefathers for future generations. SaY NO to the Royal Oaks development project at the site of
the former Tollbridge.
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vv ~, u~c m~tterslgnea, asl~ your courage tn protecting our heritage, including our magaiticent
bluffs, river vistas and conscious protection of the wildlife. Please continue the legacy of our
forefathers for future generations. SayNO to the Royal Oaks developmant project at the site of
the former Tollbridge.
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The developer has excavated from above the existing grade level five feet past their
property line into the rock face. To complete the work, they now need to go down below
grade for that five foot incursion until they reach the level of the building foundation.
It is my intent to issue that amended permit on Tuesday, October 7.
(4Ak,,p,k
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Michael A. Koch, Public Works Director
oO~ 0~ ~'~ 2{~
~.~
0
0
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POTENTIALLY
UNSTABLE
AREA
AMENDED PERMIT
TO WORK IN
PUBLIC RIGHT-OF-WAY
l
BARRY A. LINDAHL, Es
CORPORATION COUNSEL, CITY OF DUBUQUE
MEMO
To:
DATE:
Rt.
Mayor Terrance Duggan and
Members of the City Council
May 5, 2003
Royal Oaks Development Corporation
Attached is a copy of the Indemnification Agreement I have worked out with Steve
Juergens, Attorney for Royal Oaks Development Corporation. Subject to your approval,
the Indemnification Provision should be included in the ordinance approving the zoning
reclassification.
Attachment
cc: Michael Van Milligen, City Manager
Laura Carstens, City Planner
SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944
TELEPHONE (563) 583-4113 / FAX (563) 583-1040 / EMAIL BALESQ@CITYOFDUBUQUE.ORG
MAY-05-2003 15:35
FUERSTE LAW FIRM 563 556 7134 P.02/03
So long as any habitable structure exists on the property, Royal Oaks Development
Corporation ("Royal Oaks") agrees to defend, indemnify and hold harmless the City of
Dubuque, its officers and employees, from and against any and all claims of
negligence of the City arising out of or related to rocks or other natural objects, falling
or being caused to fall from the bluff or park area owned by the City above or behind
the condominium project. Such claims include, but are not limited to, claims by Royal
Oaks' employees, agents, and tenants, residents of the condominium units, and their
invitees and guests. Royal Oaks' obligations hereunder may be assumed by an
association of condominium owners without the necessity of the City's consent, but
with the City's approval of the form of assumption agreement, which approval will
not be unreasonably withheld. Upon such assumption, Royal Oaks shall be relieved
of any further obligation hereunder. This Agreement shall be binding upon Royal
Oaks and its successors and assigns.
(174,
Jeanne Schneider
From: "Kevin Koch" <KKOCH@Ioras.edu>
To: <ctymgr@cityofdubuque.org>; <jschneid@cityofdubuque.org>; <jmarkham@cornerenergy.com>;
<aem10@mchsi.com>; <danielenicholson@mchsi.com>; <jconnors63@mchsi.com>;
<patriciacline@mchsi.com>; <rbuoll@mchsi.com>
Sent: Monday, April 28, 2003 9:44 AM
Subject: Eagle Point Condominium
April 25, 2003
Dear Mayor Duggan:
I hope that the City Council will reconsider its majority support for the condominium proposal along the
Mississippi.
Although the bluff land in question is private property, in a communal sense the majesty of the bluffs
belongs to all of us. In this case, the size of the building works against the landscape, not with it. From
the river, the natural bluff to the right of the building will be visually diminished in competition with the
condominium. From above, I am quite certain that the roof of the building will be visible from the
Shiras pavilion at Eagle Point Park, and the walls will be visible from at least one open-air pavilion
further back on the park road. In diminishing the public's view of the river, the magnificent view from
the condominium itself will be available to only a handful of citizens.
It is unfortunate that this issue is caught up in the question of recent zoning decisions that may have
negatively affected the city's ussinegsclimate. But each decision must rest on its own merits; the
condominium decision ought not to make up for other recent zoning decisions that concerned the
business sector.
I applaud the fact that the developer slightly downscaled the condominium in response to the zoning
board's first decision. At the very least, I would like to see the project downscaled even more. Ideally, I
would like a structure as unobtrusive as the current restaurant.
The Mississippi River is an American treasure, and the river bluffs of northeast Iowa present its greatest
majesty. We shouldn't despoil the public's treasure for the benefit of the few.
Sincerely,
Kevin Koch,
285 South Grandview
Dubuque, Iowa 52003
(556-0850) kkoch loras.edu
(author of Skiing at Midnight: A Nature Journal from Dubuque County, Iowa)
P.S.: Does the city put itself in danger of a court injunction for a scientific study of the eagle population
if we proceed too hastily?
4/28/2003
-33
2103 H Y -9 PH 2: 08
LYr�;i i
DUBUQUE CRECORDER
.. IO AFEES ,r 23
°.
Prepared by: Laura Carstens, City Planner Address: City Hall, 50 W. 13th Street Telephone: 589-4210
ORDINANCE NO. 37-03
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE
CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING
HEREINAFTER DESCRIBED PROPERTY LOCATED AT 2800 RHOMBERG
AVENUE FROM CR COMMERCIAL RECREATION DISTRICT TO PUD PLANNED
UNIT DEVELOPMENT DISTRICT WITH A PR PLANNED RESIDENTIAL DISTRICT
DESIGNATION AND ADOPTING A CONCEPTUAL DEVELOPMENT PLAN WITH
CONDITIONS.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Appendix A (the Zoning Ordinance) of the City of Dubuque Code of
Ordinances is hereby amended by reclassifying the hereinafter described property from CR
commercial Recreation District to PUD Planned Unit Development District with a PR
Planned Residential District designation and adopting a conceptual development plan, a
copy of which is attached to and made a part hereof, with conditions as stated below, to wit:
Tollbridge Place, and to the centerline of the adjoining public right-of-way, all
in the City of Dubuque, Iowa.
Section 2. Pursuant to Iowa Code Section 414.5 (2001), and as an express condition
of the reclassification, the undersigned property owner agrees to the following conditions, all
of which the property owner further agrees are reasonable and imposed to satisfy the public
needs that are caused directly by the zoning reclassification:
A. Use Regulations.
The following regulations shall apply to all uses made of land in the above -
described PUD District:
1) Principal permitted uses shall be limited to 65 condominium units and a
community center.
2) Accessory uses shall include any use customarily incidental and
subordinate to the principal use it serves.
B. Lot and Bulk Regulations.
Development of land in the PUD District shall be regulated as follows:
1) The proposed condominium development shall be constructed in
substantial compliance with the attached conceptual development plan.
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Ordinance No. -03
Page 2
2) Maximum building height shall be limited to 740 feet above mean sea level.
C. Performance Standards.
The development and maintenance of uses in this PUD District shall be
established in conformance with Section 3-5.5 of the Zoning Ordinance and the
following standards:
1) The property owner shall be responsible for securing all required state and
federal permits and in compliance with regulations pertaining to the
environment and Endangered Species Act.
2) Adequate erosion control shall be provided during all phases of
construction.
3) Off-street parking shall be provided as shown on the approved conceptual
plan.
4) Storm water control facilities will be installed as per City Engineering
requirements.
5) Final site development plans shall be submitted in accordance with Section
4-4 of the Zoning Ordinance prior to construction of any buildings.
D. Open Space and Recreational Areas
Open space and landscaping in the PUD District shall be regulated as follows:
Those areas not designated on the conceptual development plan shall be
maintained as open space, as defined by Section 8 of the Zoning Ordinance by
the property owner and/or association.
E. Sign Regulations.
Signs in the PUD District shall be regulated in accordance with the R-3 sign
regulations of the Zoning Ordinance.
F. Indemnification Agreement.
So long as any habitable structure exists on the property, Royal Oaks
Development Corporation ("Royal Oaks") agrees to defend, indemnify and hold
harmless the City of Dubuque, its officers and employees, from and against any
and all claims of negligence of the City arising out of or related to rocks or other
natural objects, falling or being caused to fall from the bluff or park area owned
by the City above or behind the condominium project. Such claims include, but
are not limited to, claims by Royal Oaks' employees, agents and tenants,
residents of the condominium units, and their invitees and guests. Royal Oaks'
obligations hereunder may be assumed by an association of condominium
owners without the necessity of the City's consent, but with the City's approval of
the form of assumption agreement, which approval will not be reasonably
withheld. Upon such assumption, Royal Oaks shall be relieved of any further
Ordinance No. -03
Page 3
G. Transfer of Ownership.
Transfer of ownership or lease of property in this PUD District shall include in the
transfer or lease agreement a provision that the purchaser or lessee
acknowledges awareness of the conditions authorizing the establishment of the
district.
H. Reclassification of Subject Property.
The City of Dubuque, Iowa, may initiate zoning reclassification proceedings to CR
Commercial Recreation District in accordance with Section 6 of the Zoning
Ordinance if the property owner fails to complete or maintain any of the conditions
of this ordinance.
Modifications.
Any modifications of this Ordinance must be approved by the City Council in
accordance with zoning reclassification proceedings of Section 6 of the Zoning
Ordinance.
J. Recording.
A copy of this ordinance shall be recorded at the expense of the property
owner(s) with the Dubuque County Recorder as a permanent record of the
conditions accepted as part of this reclassification approval. This ordinance shall
be binding upon the undersigned and his/her heirs, successors and assigns.
Section 3. The foregoing amendment has heretofore been reviewed by the Zoning
Commission of the City of Dubuque, Iowa.
law.
Section 4. The foregoing amendment shall take effect upon publication, as provided by
Passed, approved and adopted this 8th day of
ATTEST:
jZ / e%
Jeanne F. Schneider, City Clerk
May , 2003.
Terrance M. Duggan, a or
ACCEPTANCE OF ORDINANCE NO. 37 -03
I, A.J. Spiegel, property owner, having read the terms and conditions of the
foregoing Ordinance No. 37 - 03 and being familiar with the conditions thereof, hereby
accept the same and agree to the conditions required therein.
Dated this day of 97
By:
, 2003.
CERTIFICATE OF CITY CLERK
STATE OF IOWA
COUNTY OF DUBUQUE )
I, Jeanne F. Schneider, do hereby certify that I am the duly appointed, qualified, and
acting Clerk of the City of Dubuque, Iowa in the County aforesaid, and as such Clerk I
have in my possession or have access to the records of the proceedings of the City
Council. I do further state that the hereto attached Ordinance No. 37-03 is a correct
copy of the original Ordinance No. 37-03 approved and adopted by the City Council of
the City of Dubuque, Iowa, at a session held by said Council on the 8th day of May,
2003.
In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque,
Iowa.
Dated at Dubuque, Iowa on this 9th day of May, 2003.
Jeanne F. Schneider, CMC
City Clerk
0
OFFICIAL PUBLICATION
ORDINANCE NO. 37-03
AN ORDINANCE
AMENDING APPENDIX A
(THE ZONING ORDI-
NANCE) OF THE CITY OF
DUBUQUE CODE OF,
ORDINANCES BY
RECLASSIFYING HERE-
INAFTER DESCRIBED
PROPERTY LOCATED AT
2800 RHOMBERG AVE.
FROM CR COMMERCIAL
RECREATION DISTRICT
TO PUD PLANNED UNIT
DEVELOPMENT DIS-
TRICT WITH A PR
PLANNED RESIDENTIAL
DISTRICT DESIGNATION
AND ADOPTING A CON-
CEPTUAL MENT PLAN WITHECON-
DITIONS.
NOW, THEREFORE, BE IT
ORDAINED BY THE CITY
COUNCIL DUBUQUE, IOWA:
Stion 1. Appendix A
(the Zonl a Ordinance) of
the City of Dubuque Code
of Ordinances is hereby
amended by reclassifying
the hereinafter described
property from CR commer-
cial Recreation District to
PUD Planned Unit
Development District with
a PR Planned Residential
District designation and
adopting a conceptual -
development plan, a copy
of which is attached to and
made a part hereof, with
conditions as stated
below, to wit:
Tollbridge Place, and to
the centerline of the adjoin-
ing public right-of-way, all
in the City of Dubuque,
Iowa.
Section 2. Pursuant to
Iowa Code Section 414.5
(2001), and as an express
condition of the reclassifi-
cation, the undersigned
property owner agrees to
the following conditions, all
of which the property
owner further agrees are
reasonable and imposed to
satisfy the public needs
that are caused directly by
the zoning reclassification:
A. Use Regulations. The
following regulations shall
apply to all uses made of
land in the above -
described PUD District:
1) Principal permitted
uses shall be limited to 65
condominium units and a
community center.
2) Accessory uses shall
include any use customari-
ly incidental and subordi-
nate to the principal use it
serves.
B. Lot and Bulk
Regulations. Development
of land in the PUD District --
shall be regulated as fol-
lows:
1) The proposed condo-
minium development shall
be constructed in substan-
tial compliance with the
attached conceptual devel-
opment plan.
2) Maximum building
height shall be limited to,.
740 feet above mean sea
level.
C. Performance
Standards. The develop-
ment and maintenance of
uses in this PUD District
shall be established in con-
formance with Section 3-
5.5 of the Zoning
Ordinance and the follow-
ing standards:
1) The property owner
shall be responsible for
securing all required state
and federal permits and in
compliance with regula-
tions pertaining to the envi-
ronment and Endangered
Species Act.
2) Adequate erosion con-,
trol shall be provided dur-
ing all phases of construc-
tion.
3) Off-street parking shall
be provided as shown on
the approved conceptual
plan.
4) Storm water control
facilities will be installed as
per City Engineering,,
requirements.
5) Final site development
plans shall be submitted in
accordance with Section.
4-4 of the Zoning
Ordinance prior to con-
struction of any buildings.
D. Open Space and
Recreational Areas. Open
space and landscaping in.
the PUD District shall be
regulated as follows:
Those areas not desig-
nated on the conceptual
development plan shall be
maintained as open space,
as defined by Section 8 of
the Zoning Ordinance by
the property owner and/or
association.
E. Sign Regulations
Signs in the PUD District
shall be regulated in accor-
dance with the R-3 sign
regulations of the Zoning
Ordinance.
F. Indemnification
Agreement. So long as
any habitable structure
exists on the property, --
Royal Oaks Development
Corporation ("Royal Oaks")
agrees to defend, indemni-
fy and hold harmless the
City of Dubuque, its offi-
cers and employees, from
and against any and all
claims of negligence of the
City arising out of or relat-
ed to rocks or other natural.
objects, falling or being
caused to fall from the bluff
or park area owned by the
City above or behind the
condominium project.
Such claims include, but
are not limited to, claims by
rnent anu man nc, a,
uses in this PUD District
shall be established in con-
formance with Section 3-
5.5 of the Zoning
Ordinance and the follow-
ing standards: owner
1) The property
shall be responsible for
securing all required state
and federal permits and in
compliance with regula-
tions pertaining to the envi-
ronment and Endangered
Species Act.
2) Adequate erosion con-,
trol shall be provided dur-
ing all phases of construc-
tion.
3) Off-street parking shall
be provided as shown on
the approved conceptual
plan.
4) Storm water control
facilities will be installed as
per City 'Engineeringa
requirements.
5) Final site development
plans shall be submitted in
accordance with Section.
4-4 of the Zoning
Ordinance prior to con-
struction of any buildings.
D. Open Space and
Recreational Areas. Open
space and landscaping in.
the PUD District shall be
regulated as follows:
Those areas not desig-
nated on the conceptual
development plan shall be
maintained as open space,
as defined by Section 8 of
the Zoning Ordinance by
the property owner and/or
association.
E. Sign Regulations.
Signs in the PUD District
shall be regulated in accor-
dance with the R-3 sign
regulations of the Zoning
Ordinance.
F. Indemnification
Agreement. So long as
any habitable structure
exists on the property,- Royal Oaks Development
Corporation ("Royal Oaks")
agrees to defend, indemni-
fy and hold harmless the
City of Dubuque, its offi-
cers and employees, from
and against any and all
claims of negligence of the,
City arising out of or relat-
ed to rocks or other natural.,
objects, falling or being
caused to fall from the bluff
or park area owned by the
City above or behid the
condominium project.
Such claims include, but
are not limited to, claims by
Royal Oaks' employees,
agents and tenants, resi-
dents of the condominium,
units, and their invitees and
guests. Royal Oaks' oblig-
ations hereunder may be
assumed by an association
of condominium owners
without the necessity of the
City's consent,
butwith the
City's approval ofhe form
of assumption agreement,
which approval will not b
reasonably withheld. Upon
such assumption, Royal
Oaks shall be relieved of
any further obligation here-
under. This Agreement
shall be binding upon
Royal Oaks and its succes-
sors and assigns.
G. Transfer of
Ownership. Transfer of
ownership or lease of
property in this PUD
District shall include in the
transfer or lease agreement
a provision that the pur-
chaser or lessee acknowl-
edges awareness of the
conditions authorizing the
establishment of the dis-
trict.
H. Reclassification of
Subject Property. The
City of Dubuque, Iowa,
may initiate zoning reclas-
sification proceedings to
CR Commercial Recreation
District in accordance with
Section 6 of the Zoning
Ordinance if the property
owner fails to complete or,,
maintain any of the condi-
tions of this ordinance.
1. Modifications. Any
modifications of this
Ordinance must be
approved by the City
Council in accordance with
zoning reclassification pro-
ceedings of Section 6 of
the Zoning Ordinance.
J. Recording. A copy of
this ordinance shall be
recorded at the expense of
the property owner(s) with
the Dubuque County '
Recorder as a permanent -'j
record of the conditions
accepted as part of this
reclassification approval.
This ordinance shall be-
binding upon the under-
signed and his/her heirs,
successors and assigns.
Section 3. The foregoing.
amendment has heretofore
been reviewed by the
Zoning Commission of the
City of Dubuque, Iowa.
Section 4. The foregoing
amendment shall take,
effect upon publication, as
provided by law.
Passed, approved and
adopted this 8th day of
May, 2003.
/slTerrance M. Duggan,
Mayor
Attest:
Jeanne F. Schneider, CMC
City Clerk
ACCEPTANCE OF
ORDINANCE NO. 37-03
I, A.J. Spiegel, property
owner, having read the
terms and conditions of the
foregoing Ordinance No.
37-03 and being familiar
with the conditions thereof,
hereby accept the same
and agree to the conditions
required therein.
Dated this 8th day of May,
2003.
/s/A. J. Spiegel
Published officially in the
Telegraph Herald the 14th
day of May, 2003.
/s/Jeanne F. Schneider,
cur. City Clerk.
STATE OF IOWA {SS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
I, Sherri A. Yutzy, a Billing Clerk for Woodward Communications, Inc., an Iowa
corporation, publisher of the Telegraph Herald,a newspaper of general circulation
published in the City of Dubuque, County of Dubuque and State of Iowa; hereby
certify that the attached notice was published in said newspaper on the following
dates: May 14, 2003, and for which the charge is $48.69.
Subscribed to before me, a Notary Public in and for Dubuque County, Iowa,
this 1 STM day of (�l/(( , 2003
P
tary Public in and for Dubuque County, Iowa.
JANET K. PAPE
Commission Number 199659
Vy Commission Eaplres 12111104