Carter Rd Det Basin Larry Mille
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MEMORANDUM
March 11,2004
TO:
The Honorable Mayor and City Council Members
FROM:
Michael C. Van Milligen, City Manager
SUBJECT: Larry Miller - Carter Road Detention Basin Easement Acquisition
Attached is a response from Assistant City Engineer Gus Psihoyos to the concerns
expressed by Brian Kane in his March 10,2004 correspondence to the City Council.
(!)~ U~ J~
Michael C. Van Milligen Cu +r)
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Gus Psi hoyos, Assistant City Engineer
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MEMORANDUM
March 11,2004
TO:
FROM:
Michael C. Van Milligen, City Manager íJ ~
Gus Psihoyos, Assistant City Engineerp ~,
SUBJECT: Larry Miller - Carter Road Detention Basin Easement Acquisition
This letter is in response to the March 10, 2004 letter from Brian Kane regarding the
purchase of an easement from Larry Miller for the Carter Road Detention Basin.
Mr. Kane refers to property that the City purchased from Steven and Michelle Whites.
The property purchased from the Whites was completely stripped of trees to construct
the dam. As a result, the natural tree buffer between the White's property and the dam
was removed. To mitigate the removal of trees on the Whites property, the City agreed
to replace the natural tree screening as part of the purchase agreement.
The City will not be removing !mY trees from Larry Miller's property.
compensation for replacement screening is not necessary.
Therefore,
During the acquisition of the fifteen other easements, some property owners asked if we
would provide screening for their property. We advised them that we would not provide
any screening on their property, but suggested that they use part of the purchase price
for the easement acquisitions to provide screening on their property if they so desired.
We made the same suggestion to Larry Miller: that he use part of the $5,950 purchase
price for the easement acquisition to purchase screening for his property.
Mr. Kane's letter also refers to trees removed from the Delbert Miller property. The City
obtained permission from Delbert Miller to enter his property and remove dead trees
and debris. In doing so, we removed a few live trees that were dying or falling into the
creek that transverses his property. Both Delbert and Larry Miller have told both the
City Manager and myself that they have no problem with any of the tree and debris
removal the City has completed to date.
The City of Dubuque held an informational meeting with neighboring property owners
during the design of the Carter Road Detention Basin. At this meeting we discussed
most of the issues mentioned in Mr. Kane's letter. At the time of the meeting, we
thought that it would be necessary to have a follow up meeting. However, we
proceeded with the negotiations for the easements for the project, we spent
considerable time with individual property owners talking about their concerns. Having
addressed their concems, 15 property owners granted the City easements. As we
represented at the meeting, the City has no intent to remove live trees unless they
jeopardize the integrity of the existing sanitary sewer. The City may remove dead trees
that could eventually plug the inlet of the Carter Road Detention Basin.
I will contact the petitioners to set up a time to meet and discuss their concems.
If you need any further information please contact me.
cc:
Cindy Steinhauser, Assistant City Manager
Michael A. Koch, Public Works Director
Barry Lindahl, Corporation Counsel
Deron Muehring, Civil Engineer II
Barry A. Lindahl, Esq.
Corporation Counsel
SuIte 330, Harbor View Place
300 Main Street
Dubuque, Iowa 52001-"944
(563) 583-4113 office
(563) 583-1040 fax
balesq@cityofdubuque.org
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March 2, 2004
'i2
Mayor Terrance Duggan and
Members of the City Council
City Hall - City Clerk's Office
50 West 13th Street
Dubuque, IA 52001
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RE:
Larry Miller - Carter Road Detention Basin
Dear Mayor and Council Members:
Further negotiations with Larry Miller for the acquisition of an easement necessary for
the construction of the Carter Road Detention Basin have not been successful in
arriving at a voluntary agreement for the purchase of the easement.
Attached is a resolution authorizing condemnation of the easement.
BAL:tls
Attachment
cc:
Michael Van Milligen, City Manager
Mike Koch, Public Works Director
Gus Psihoyos, Assistant City Engineer
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Int'grity
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Preparer: Barry A. Lindahl. EsQ. Address: Suite 330. Harbor View Place 300 Main Street
Dubuque. IA 52001 Telephone: 15631583-4113
RESOLUTION NO.
98-04
AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN OF CERTAIN
INTERESTS IN REAL PROPERTY OWNED BY LARRY W. AND KATHY F.
MILLER IN THE CITY OF DUBUQUE, IOWA
WHEREAS, the City of Dubuque (City) intends to acquire an
easement as shown on Exhibit A on certain real property owned by Larry
W. and Kathy F. Miller (Owner), legally described as follows (the Property):
Lot A of West Ridge 3rd Addition, in the 'City of Dubuque, Dubuque
County, Iowa
for the purpose of stormwater storage associated with the Carter Road
Detention Basin;
AND WHEREAS, City has made a good faith effort to negotiate with
the Owner to purchase the property interest before proceeding with
condemnation;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA AS FOLLOWS:
1. The City Manager and the Corporation Counsel are hereby
authorized to commence proceedings for the acquisition of the easement
by eminent domain.
Passed, approved and adopted this 15th day of March
,2004.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
Brian J. Kane
GaryK. Norby
Les V. Reddick*
D. Flint Drake*'
Brad J. Heying
Todd L. Stevenson*
MaryBeth Pfeiler Fleming
Kevin T. Deeny
KANE, NORBY & REDDICK, P.C.
ATTORNEYS
2100 ASBURY ROAD, SUITE 2
DUBUQUE, IA 52001-3069
Of Counsel:
Louis P. Pfeiler
All admitted in Iowa
* Also admitted in Illinois
** Also admitted in Wisconsin
Phone: (563) 582-7980
Facsimile: (563) 582-5312
E-rnaiI: hkane@kanenorhylaw.corn
March 10,2004
The Honorable Mayor & Members
of the Dubuque City Council
City Hall
50 W 13th St.
Dubuque, IA 52001-4864
RE: LARRY MILLER/CARTER RD. DETENTION BASIN
Dear Mr. Mayor and Members of the Council:
Weare counsel for Mr. Larry Miller in connection with the above matter. Specifically, we
write you with respect to the March 2, 2004 letter which you authorized corporation counsel Barry
A. Lindalll to send us (copy enclosed). Mr. Miller is not agreeable to your proposal since it excludes
any natural buffer ITom being planted, at your expense, along a portion of his property line abutting
the property upon which you will be constructing the detention basin. In this regard, enclosed please
find a copy of our letter dated February 24,2004 to the City Manager. Subject to the parties agreeing
to a writtencontractto carry out the mutually agreed-upon terms, including no expense to Mr. Miller
except for his own counsel (with all out-of-pocket expenses borne by the City), Mr. Miller simply
desires to add to your proposed purchase of the easement on his property (for a payment of
$5,950.00), a provision that the City would pick up the cost of the estimate ITom Wagner Nursery
to provide screening along the west side of his property which would become an appropriate, natural
boundary separating the property you will ultimately own ITom Mr. Miller's property.
We believe it is important to separate the properties to not only protect the value of Mr.
Miller's property, but to protect his property ITom trespassers or other users of the property you will
acquire upon which the detention basin will be constructed. As you know, this property has, in the
past, been used by trespassers and others for all-terrain vehicles, snowmobiles, motorcycles, bicycles,
and the like. Mr. Miller had worked very hard to make the adjoining property less accessible to
those persons for the safety and peace and quiet of his family. He and his family are obviously
concerned that your proposed project, by clearing out this area to the west which you are acquiring
through eminent domain proceedings, will negatively impact his property because trespassers and
others will recommence using all-terrain vehicles, snowmobiles, motorcycles, bicycles, etc. on this
property without adequate protection ITom the police, etc. A natural screening, for the limited
consideration such screening costs (based on the enclosed estimate), seems like a reasonable
KANE, NORBY & REDDICK, P.c.
March 10, 2004
Page 2
resolution of the matter without the need to resort to eminent domain proceedings. We note that you
have provided for such screening or similar screening in connection with the West 32nd Street
detention basin and for other citizens in the area (see Section 14 of the enclosed Partial Acquisition
Agreement).
Finally, enclosed please find certain petitions ITom your constituents which may be of interest
to you with regard to representations made by City representatives concerning trees with regard to
the above project.
We are pleased to discuss this matter 'With you or your representatives at your first reasonable
opportunity.
We look forward to hearing ITom you. In the meantime, please do not hesitate to contact us
directly should you have any questions. Thank you.
Best regards,
BJKlmrk
Enclosures
KANE, NORBY & REDDICK, P.e.
By h.#~
Bri . Kane. '
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TIm CITY OF ~
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Barry A. Lindahl, Esq.
Corporation Counsel
Suite 330, Harbor View Place
300 Main StIeet
Dubuque, Iowa 52001-6944
(563) 583-4113 office
(563) 583-1040 fax
baJesq@cityofdubuque.org
March 2, 2004
Brian Kane, Esq.
Kane, Norby & Reddick, P.C.
2100 Asbury Road, Suite 2
Dubuque, IA 52001
RE:
Lairy Miller - Carter Road Detention Basin
Dear Brian:
The City hereby proposes to purchase an easement shown on the attached Exhibit A on
the Larry Miller property described as follows:
Lot A of West Ridge 3rd Addition, in the City of Dubuque, Dubuque
County, Iowa
for the appraised value of $5,950, subject to a mutually acceptable Purchase
Agreement, approved by the City Council.
SAUls
Attachment
cc:
Michael Van Milligen, City Manager
Mike Koch, Public Works Director
Gus Psihoyos, Assistant City Engineer
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\I EXHIBIT "A"
BEING A STORMWATER STORAGE EASEMENT ACROSS LOT A OF
WEST RIDGE 3rd ADDITION, IN THE CITY OF DUBUQUE, IOWA
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, or WHITES PLACE
LOT" or CARTER
RIDGE ADD'TIDN
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'" ~REOT ,"""""'- $\IPOMSION ..., TK<' , ... A 0lIl.,
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BUESING. ASSOCIATES
CONSULTIHG ENGIHEERS
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DR.W" BY, TNP CH£CIŒD BY, :W
SURVEY "'" 7......" "'" "'" 8/""'"
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SliEElS' . 2
SHEET 1 OF 2
Sheet 2 of 2
Surveyor's Certificate
Dubuque, Iowa
5" .-1",<-<.
,2004
. ,¡ereby certify that the plat shown on sheet 1 of 2 hereof, is a true and correct EXHIBIT "A", BEING A
STORMWATER STORAGE EASEMENT ACROSS LOT A OF WEST RIDGE 3RD ADDITION, IN THE CITY OF
DUBUQUE, IOWA, according to the recorded plats thereof, subject to easements of record. The perimeter of
said EXHIBIT "An was surveyed by me and is more particularly described as follows:
EXHIBIT "A":
Commencing at the west comer of lot 1 of Whites Place, the Point of Beginning;
Thence South 51°34'30" East (this is an assumed bearing for the purposes of this survey only), along the south
line of said lot 1, a distance of 70.00 feet;
Thence South 1 °22'27" West, a distance of 175.00 feet;
Thence South 30°42'05" West, a distance of 70.00 feet;
Thence South 2°01'01" East, a distance of 90.00 feet;
Thence South 25°19'48" West, a distance of 200.00 feet to the east line of lot 2 of 2 of A of 2 of 2 of 2 of 1 of 10f
1 of 1 of 1 of Clarence Arlen Place;
Thence North 18°20'43" West along the east line of said lot 2, a distance of 20.00 feet;
.ðnce North 15°58'15" East along the east line of said lot 2, a distance of 339.70 feet;
Thence North 5°30'56" West along the east line of said lot 2, a distance of 204.73 feet to the Point of Beginning.
. . .
The Total Area of STORMWATER STORAGE EASEMENT is 17,580 Square Feet and is subject to easements of
record & not of record.
I 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 øfÍÔWa.
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Date
Reg. Renewal 12131/2004
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KANE, NORBY & REDDICK, P.c.
ATTORNEYS
2100 ASBURY ROAD, SUITE 2
DUBUQUE, lA 52001-3069
Brian J. Kane
Gary K. Norby
Les V. Reddick'
D. Flint Drake'*
Brad J. Heying
Todd L. Stevenson'
MaryBeth Pfeiler Fleming
Kevin T. Deeny
Of Counsel:
Louis P. PfeUer
All admitted in Iowa
*Also admitted in illinois
** Also admitted in Wisconsin
Phone: (563) 582-7980
Facsimile: (563) 582-5312
E-rnail: bkane@kanenorhylaw.corn
February 24,2004
Mr. Michael C. Van Milligen
City Manager
City Manager's Office
City Hall
50 W 13th St.
Dubuque, IA 52001-4864
Dear Mike:
RE: LARRY MILLER/311 0 KANE CT./CARTER RD. DETENTION BASIN
Thank you for meeting with Mr. Larry Miller, et. al. at his residence on February 20, 2004.
Pursuantto your request, this letterrepresents Mr. Miller's written proposal (to be reduced to writing)
to resolve the pending matter, as follows:
3.
1.
As you know, Mr. Miller desires not only to protect the value of his property, but also
to protect his property ITom trespassers or other users of the property immediately to
the west (presently owned by his father, Mr. Del Miller, but which you are acquiring
through eminent domain proceedings). To that end, he seeks appropriate, natural
screening along a portion of the westerly boundary line of his property. Enclosed
please find an estimate ITom Wagner Nursery which Mr. Miller has obtained for such
screening with which he is agreeable. If the City pays this amount to Mr. and Mrs.
Miller, and otherwise complies with the remaining terms ofthis letter, this matter can
be resolved;
2.
The contents of the letter ITom Mr. Gus Psihoyos, Assistant City Engineer, to Mr.
Miller dated February 20, 2004, along with the Exhibit "A" contained therein, is
agreeable to Mr. Miller, provided the provision referred to above is made a part of
that agreement; and,
All ofthe foregoing is subject to the parties agreeing upon a written contract to carry
out the foregoing on mutually agreeable terms. There should be no expense to Mr.
J
KANE, NORBY & REDDICK, P.C.
February 24, 2004
Page 2
Miller except for his own counsel; all ofthe out-of-pocket expenses should be borne
by the City.
We seek the City's continued cooperation in resolving this matter and look forward to hearing
fÌom you. In the meantime, please do not hesitate to contact us directly should you have any
questions. Thank you.
Best regards,
BJK/mrk
Enclosure
KANE, NORBY & REDDICK, P.C.
By ~~
Brian J. ane '
cc: Mr. Larry Miller
Wagner Nursery, Inc.
2677 Hales Mill Road
Asbury, Iowa 52002
Tel. 563 583-9261
Fax 563- 583-9261
February 23, 2004
Larry Miller
311 0 Kane Court
Dubuque, Iowa 52001
Ref: Screening Carter Road
3
3
Patmore Ash
Silver Maple
Swamp White Oak
Peking Cotoneaster
Red Twig Dogwood
Burning Bush
William Penn Barberry
3
20
6
3
6
No wa..'Tanty on Plant Material
8'
6'
1 n calp.
3 gal
2-3'
$ 85.00
$ 95.00
$ 95.00
$ 12.95
$ 29.95
$ 35.00
$ 32.00
pot
#5 pot
Plant Materjal Total
Mulch
Fertilizer
Labor to Install
Tax 7%
LS
LS
LS
Total
$255.00
$285.00
$285.00
$259.00
$I79.70
$105.00
$192.00
$ 1,560.70
$ 150.00
$44.00
$ 936.42
$ 188.39
$ 2,879.51
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PARTIAL ACQUISITION AGREEMENT
THIS AGREEMENT made and entered into this day of ,
A.D., 2003 by and between Steven and Michelle Whites, SELLER, and the City
of Dubuque, Iowa, a Municipal Corporation, BUYER.
1. SELLER agrees to sell and furnish to BUYER a deed, on form(s) furnished
by the BUYER, and BUYER agrees to buy the following real estate, hereinafter
referred to as the premises:
Lot 2 of Whites Place
all in the City of Dubuque, Dubuque County, State of Iowa.
The premises also include all estates, rights, title and interests,
including all easements, and all advertising devices and the right to erect such
devices as are located thereon. SELLER acknowledges full settlement and
payment from the BUYER for all claims per the terms of this contract and
discharges the BUYER from liability because of this contract and the construction
of this public improvement project.
2. Possession of the premises is the essence of this contract and BUYER
may enter and assume full use and enjoyment of the premises per the terms of
this contract. SELLER grants BUYER the immediate right to enter the premises
for the purpose of gathering survey and soil data. SELLER may surrender
possession of the premises or building or improvement or any part thereof prior
to the time at which he has hereinafter agreed to do so, and agrees to give'
BUYER ten (10) days notice of SELLER's intention to do so by calling BUYER
collect.
3. BUYER agrees to pay and SELLER agrees to grant the right of
possession, convey title and to surrender physical possession of the premises as
shown on or before the dates listed below.
Payment Amount
Agreed Performance
Date
$
$
5,000.00
7,600.00
on right of possession Oct. 1, 2003
on possession and conveyance Dec 31, 2003
TOTAL LUMP SUM:
$12,600.00
4. Each page and each attachment is by this reference made part hereof and
the entire agreement consists of five pages.
5. SELLER warrants that there are no tenants on the premises holding under
the lease except:
6. This contract shall apply to and bind the legal successors in interest of the
SELLER and SELLER agrees to pay all liens and assessments against the
premises, including all taxes and special assessments payable until surrender of
possession as required by Section 427.2 of the Code of Iowa, and agrees to
warrant good and sufficient title. Names and address of lienholders are:
7. SELLER'S Certification: Upon due approval and execution by the
BUYER, we, the undersigned SELLER, certify the total lump sum payment
shown herein is just and unpaid.
Total lump payment $ 12,600.00
8. BUYER may include mortgages, lien holders, encumbrances and
taxing authorities as payees on warrants as contract payment. SELLER will
furnish and deliver to the City of Dubuque an abstract of title continued to date
showing merchantable title to the premises in SELLER. BUYER agrees to pay
the cost of abstract continuation. SELLER agrees to obtain court approval of this
contract, if requested by the BUYER, if title to the premises becomes an asset of
any estate, trust, conservatorship or guardianship. BUYER agrees to pay court
approval costs and all other costs necessary to transfer the premises to the
BUYER, but not attorney fees. Claims for such transfer costs shall be paid in
amounts supported by paid receipts or signed bills.
9. If the SELLER holds title to the premises in joint tenancy with full rights
of survivorship and not as tenants in common at the time of this contract, BUYER
will pay any remaining proceeds to the survivor of that joint tenancy and will
accept title solely from that survivor, provided the joint tenancy has not been
destroyed by operation of law or acts of the SELLER.
10. SELLER agrees to keep fire, tornado, extended coverage and added
perils insurance in the minimum amount of $0.00 payable to all parties as their
interest may appear from this date until delivery of the deed and possession.
BUYER shall notify all insurance companies of this contract. Incase of loss or
destruction ,of part or all of the premises from causes covered by the insurance,
SELLER agrees to accept the lump sum payment, to endorse the proceeds of
any such insurance recovery to the BUYER, and SELLER assigns to BUYER any
and all of SELLER's rights under such insurance contracts.
11. These premises are being acquired for public purpose and this transfer
is exempt from the requirements for the filing of a Declaration of Value by the
Code of Iowa.
12. Buyer hereby gives notice of Seller's five-year right to renegotiat€
construction or maintenance damages not apparent at the time of the signing of
this contract as required by the Code of Iowa.
13. Seller states and warrants that there is not known well, burial sites,
solid waste disposal site, hazardous substances, nor underground storage tanks
on the premises described and sought herein.
14. The above amount includes $2,100.00 allowance for trees to be
installed by the Seller.
15. The above amount includes a $2,500.00 allowance for a flood
easement as shown on the Plat of Survey of Lot 1 of Whites Place.
16. This written contract constitutes the entire agreement between BUYER
and SELLER and there is no agreement to do or not to do any act or deed except
as specifically provided for herein.
SELLER'S APPROVAL
Social Security Number
Steven Whites, SELLER
Social Security Number
Michelle Whites, SELLER
ALL PURPOSE ACKNOWLEDGMENT
STATE OF IOWA,)
COUNTY OF DUBUQUE,) SS:
On this - day of , AD., 2003, before me, the
undersigned, a Notary Public in and for said State, personally appeared
- to me personally known, OR - proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
(NOTARY SEAL)
(sign in ink)
(print/type name)
Notary Public In and For State of Iowa
CAPACITY CLAIMED BY SIGNER
INDIVIDUAL
CORPORATE OFFICER(S)
(CORP SEAL)
AFFIXED
NO SEAL PROCURED
TITLE(S)
PARTNER(S)
LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER
SIGNER IS REPRESENTING:
Name of Person(s) or Entity(ies):
'.
BUYEW:R~
Gus Psihoyos ~
Assistant City Enoineer
BUYER'S ACKNOWLEDGMENT
State of Iowa )
Dubuque County ) ss
On this ::lIP If¡. day of ~f- ,AD., 2003 before me, the undersigned,
personally appeared Gus Ps hoyos, to me known to be the Assistant City
Engineer of the City of Dubuque who did say that said instrument was signed on
behalf of the BUYER by its authority, and the said Assistant City Engineer
acknowledged the execution of said instrument, h signature appears hereon,
to be the voluntary act and deed of the BUYE (j by it vol' ecuted.
~, RONALD J. TURNER
,fA:-" commllSlC"nN,. "m!>or 1SSS&4
.~. MyCcmml"¡'-£Iplr.. -
09/1l/2B83 08: 50
,.
3195839261
The Wagner Nursery Ino
2fi77 Hal... Mill RCIIId
AllÞUry, Iowa 62003
CII)' of Dubuque Engineeñng Departmel1t
50 Weet 13th Street
Dubuque, Iowa
11 Seþt2003
Re: Steve & Michell WhibM
3105 KIln. Court
Dubuque. Iowa 5200'
3 AutUmn Purple AlII
3M-
1 lOQlst
4 Reel TwIg 00awc0cI
2 White Pine
Mulch
2 Buming BU8h
..
POt
POI
pot
4'B$a
POt
LS
pot
Maieril' Total
Labor to in"liIlI
Mobllzation
Fert
SUb Total
7%"S8'.. Tax
Total
Nc we~nty on plant mateli8l
"",00",'00",
WAGNER NURSERY !NC
PA6E ~1
115 285
98 294
804 B4
50 200
<40 80
100
35 TO
1113
700
50
20
1883
131.81
201<4.81
.
PETITION RE JUNE 17. 2003 MEETING AT EISENHOWER SCHOOL
TO: CITY OF DUBUQUE
The undersigned attended a meeting on June 17,2003 called by representatives of the City
of Dubuque with respect to the Carter Road detention basin project. One of the City's engineers, Gus
Psihoyos, Assistant City Engineer, and Deron Muehring, Civil Engineer, presented the undersigned
with several scenarios concerning the construction and operation of the Carter Road detention basin.
The City's acquisition (i.e. purchase) of certain properties and related water easements were
discussed. Additionally, many people raised concerns about the effect of this project or adjoining
properties (e.g. fewer trees, water runoff, effect on property values, etc.). Further questions were
raised by those in attendance with respect to what the detention basin would look like, how long
water would be in the basin, the effect on existing trees, and increased pests (mosquitoes, etc.) as
well as possible garbage collecting in the detention basin and other matters were raised. Also,
concern was expressed about motorcycles, A TV s, and people traffic, which might increase (which
is not presently a problem). Questions were raised with respect to whether fencing would be
installed. Further, it was specifically asked whether the sanitary sewer in this area would need to be
replaced. Mr. Psihoyos replied that the only thing that would happen with respect to the sanitary
sewer was to seal up the manhole so that it would not leak. Both Mr. Psihoyos and Mr. Muehring
promised that the only thing that was going to be done was building the detention basin and cleaning
up the dead trees and underbrush in the area, as well as tlie existing trash in the waterway. Mr.
Psihoyos assured us that no live trees would be taken, and that the premises would be kept in a clean
and orderly manner. He also stated that, at this time, there were no plans for fencing to be installed
but, if there is a problem with motorcycles, ATVs, or people, the City would ticket those persons for
trespassing to control the problem. Mr. Psihoyos mentioned that there would be a follow-up meeting
with everyone to let them know the progress of the project and if there were ever any other questions.
No follow-up meeting was held.
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11
.... ' ..
PETITION RE JUNE 17,2003 MEETING AT EISENHOWER SCHOOL
The undersigned were not able to attend a meeting called by the City of Dubuque, Iowa on
June 17, 2003 at Eisenhower School with regard to the Carter Road detention basin project.
Nevertheless, between June 17, 2003 and January 30, 2004, we have been contacted by
representatives of the City of Dubuque. Based upon those contacts, we are under the impression
ITom the City that this Carter Road detention basin project will have very little impact on the rear
of our yards or what the general area would look like. Given these representations by various City
representatives, we are concerned with respect to what we have learned concerning the taking oflive
trees, the actual construction of the detention basin, and similar matters. At this time, we are
concerned about what the detention basin will look like, its effect on the area, and how the City will
monitor and maintain the detention basin, and whether this entire project will have adverse effects
on our ro erties OJ their values.
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