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Eagle Point Bluff req P. Hearin C) .-) , \ August 10, 2004 C_' Honorable Mayor Terry Duggan Dubuque City Council Members City Manager Michael Van Milligan Regarding: Request to Speak - City Council Meeting August 16,2004 Dear Mayor and Dubuque City Council Members: I ask that I be allowed to address you, briefly, on the following items. I. Short history of Eagle Point Park Bluff face. 2. Questions of financial liability of Eagle Point Park BIufffàce. 3. Inclusion of at least two (2) public citizens to serve on a task force regarding the present condition of Eagle Point Park Bluff face. 4. Ramifications of the current legal issues presently unresolved regarding Eagle Point Park Blufffàce. 5. A plea to work together, not divided for our beautiful city. Thank you. I am, Sincerely, s~ Jr c;íit:n S.A. Sutton 1875 Custer Street Dubuque August 6, 2004 ,""-::\ Eagle Point Park Bluff - Rock Face Request for Public Hearing The Honorable Mayor and City Council Members Re: Dear Mr. Mayor and Council Members: 1. 2. 3. We are writing regarding Mr. Michael Van Milligan's memorandum sent to you dated July 28, 2004 regarding Eagle Point Park Bluff. Because Mr. Van Milligan's memorandum was submitted on the cutoff date for August 2nd's council agenda, we the citizens were precluded from inclusion on the agenda for August 2nds meeting. Therefore, we request a public hearing be set for the September 7th, 2004, Council meeting. As citizens we have a right to provide meaningful input before $75,000 of taxpayer's funds are spent. We want the opportunity to openly discuss our concerns, of which a few are listed in this letter. We, along with many citizens, are concerned with the safety of our Eagle Point Park Bluff and agree these concerns need to be addressed carefully and thoughtfully. We agree with the assessment that the hazard now posed by the condition of the bluff is serious, and remind you that we have on prior occasions requested public hearings on the issue. We also remind you that when we appeared with concerns regarding the land slides that occurred subsequent to Mr. Spiegel's blasting, we were told there was no land slide, but only "falling rocks" and that those "falling rocks" were anticipated. We note that the report submitted by Mr. VanMilligan acknowledges a landslide of significant proportions. As a result of our concerns about the safety and preservations of the bluffs, we secured the services and opinion of Dr. Lee Petersen, whom we understand to be one of the pre- eminent experts regarding the Mississippi River bluffs. His report was provided to the City through its attorneys in May. Another copy is attached for your reference. No action was taken at that time, despite Dr. Petersen's opinion that the then condition of the bluff posed a serious risk, and despite our repeated requests for a public hearing. While Dr. Petersen and the author of the report submitted by Mr. VanMilligan agree on the presence of a serious hazard, they do not agree on the proper remediaVmitigation solution. Therefore, we wonder ifthe statement in the above referenced memorandum quoting Acting Public Works Director/City Engineer, Gus Psihoyos, where he: "...estimates design and corrective measure for the job will not exceed $75,000," is a typographical error? If not, then we believe it is highly inaccurate and misleading. Dr. Petersen has indicated that stabilization of Eagle Point Park Bluff may cost hundreds of thousands of dollars, but his solution does not require further damage to the bluff as the report you are considering does. Engineering solutions for stabilizing huge limestone rock bluffs is a highly specialized and difficult endeavor. If the council intends to act on this, we expect the council to seek proposals from highly qualified engineering firms such as and including CNA Consulting Engineers and Dr. Petersen. 4. Weare aware that the author of the report submitted by Mr. VanMilligan was a retained "expert" by Mr. Spiegel during the litigation presently on appeal. It even appears from the report that it was prepared for the purpose of the litigation, so it is conceivable that this information regarding what is recognized as an immediate hazard has been in the hands of Mr. Spiegel and/or certain representatives of the City for some time. This "expert" is inextricably bound with the interests of the person who created the problem, and therefore cannot be viewed as an independent evaluation. It is respectfully submitted that if this report is considered at all it should not be considered in isolation of the report of Dr. Petersen. It seems to us that the City, while not yet taking a divergent approach from Mr. Spiegel, should be considering that the City's interests and Mr. Spiegel's interests as to the costs of the remedial/mitigation solutions do differ. 5. We believe and are concerned that this recommendation from the City Manager appears to set the stage for the City to give to Mr. Spiegel yet another portion of our bluff. 6. We feel that as an immediate safety action, the edge of the top ofthe bluff should be restricted from human activity by moving the safety fence back a safer distance from the bluff edge immediately, and that all activity beneath the bluff cease until studies are completed. 7. We feel the Council's actions, now under legal appeal, may still be found illegal and therefore the necessary degree of remediation on Eagle Point Park Bluff face and its cost will be dependant on the use of the land beneath the Bluff. 8. Regardless of the appeal process outcome, we strongly believe that there should be a public hearing to discuss the costs of remediation, the proposed benefits, and who the beneficiaries will be, before additional tax payer money is spent on remediation projects or any more rock is removed, altered or further defaced. Respectfully, ß~~§~ 3080 Karen Street ?: (~ Uo/'lM,.J2J, Richard J. V rwald "- 2921 Washington St. ,6,2 379 8'60 CNA CONSULTING ENGINEERS Con.sulting Civil Engineers 2800 University Ave SE Minneapolis MN 55414 (612) 379-8805 fax (6]2) 379-8160 DEPOI April 18, 2004 Mr. Wallace Taylor Attorney at Law 118 3rd AvenueS.E., Suite 326 Cedar Rapids, Iowa 52401 Subject: Dubuque Eagle Point Bluff Dear Mr. Taylor: It was a pleasure meeting you last week, and I especially thank you for helping with the rock mapping record keeping. Following are my current thoughts about the project: 1. The conclusion that I expressed last week at the site, that the bluff adjacent to the condominium site is potentially unstable, was based on the bluff appearance and professional judgment. Since the site visit, I have reviewed the site photographs and measured joint directions with another senior staff member at CNA. We reached the same conclusion. 2. Based on the oral histories and photos you and others provided, there have been two large rockslides since blasting occurred. We believe that the conditions I observed last week could produce additional rockslides at any time. We believe that the City and developer should be informed immediately of this conclusion. 3. At least two factors make the bluff adjacent to the condominium site a significant threat to public safety: a. The unstable bluff is likely to produce landslides that would strike the condominium structure. b. Falling rock, ranging in size from a few pounds to thousands of pounds, could release from the bluff slopes above the vertical bluff face, roll down the slopes and strike the condominium structure. 4. I understand that you need documentation of my findings to support the ongoing litigation. a. Possible documentation topics include: i. Rock joint mapping-This would document the location, orientation and nature of the joints mapped. ii. Rock slope stability calculations-These calculations would provide technical confirmation of the judgment-based conclusion that the bluff is unstable and likely to produce landslides that would strike the condominium structure. ili. Rockfall calculations-These calculations would provide technical confirmation of the judgment-based conclusion that falling rock could strike the condominium structure. iv. Illustrations demonstrating that rock blasting, in combination with the rock joints present, produced the landslide potential. v. lllustrations demonstrating that the landslide potential was foreseeable prior to bluff excavation. An Affirmative Action. Equal Opportunily Employer 'f';~4-23-04' 8'53AM,CNA En9'nee" . 'fir. /' ." .', . Mr. Wallace Taylor f April 23, 2004 Page 2 of 2 ,6'2 379 8'60 vi. Consideration of the value of damage to public property, i.e. the bluff, as a result of bluff excavation, vii. Possible means and cost of bluff stabilization, which may become a major cost for the developer. viii. Possible means and cost of bluff monitoring, which may also become a major cost for the developer. b, The effort and cost of items i. through viii. above depends upon the role each plays in your litigation plan, I propose that you review and prioritize the list with your co-counsel and clients, in conjunction with me, and that we arrive at a mutual agreement of the appropriate effort and cost. Other critical items may arise during this discussion. 5, Finally, here is a partial list of topics discussed at the site last week: a. You need a reliable time line of site events that occurred in the last year, specifically since excavation started. b. The designers, including architect, structural engineer and civil engineer, may be vulnerable to professional liability issues arising from placement of the condominium adjacent to the bluff, particularly because the risk was foreseeable. c. Photos of the site prior to excavation may be useful in estimating the amount of rock removed. 1 reviewed the project budget, as you requested. My chargeable time and expenses has used the not to exceed budget of $2,000 (3 hours project review and data gathering prior to the site visit, 8 hours on site, 2 hours post visit review and this letter, plus about $250 in expenses), I'll be traveling until Wednesday morning next week, but you will be able to reach me via voice mail at the office (612-379-8805) or on my cell phone (612-207-4349). I'll be on the west coast and am an early riser, so feel free to call anytime after 9 am cst. Sincerely, ~ D. Lee Petersen Senior Consultant An Affirmalive Actinn. &¡ua! Opportunity Employer ----------- Page 1 of! Jeanne Schneider From: To: Sent: Subject: <LiLMsEIm045@aol,com> <¡schneid@cityofdubuque.org> Friday, August 06, 2004 7:54 AM Eagle Point Bluffs Letter Dear Me. Du¡;¡;ill1 What will our future children think when their parents tf'1I them about Fa¡;il' Point Bluff and tlwv say, "lets ¡;o Sf'c' it." But if they went to see' it, all the v would Sf'I' is a big condo, Ea¡;le Point Bluff has been a part of many peof?le's families for ¡;elwrations. Takin¡; the bluff away will break many peoplt'" traditions. I he only rl'ason Me. Spiegel wants to build these condos is for monev. lie isn't real I v thinking about the people and their feelings. Somf'thin¡; to think about is, Do we Teally nf'ed these condos? Are thev really nf'(essarv? Faglf' Point I¡luff is a historical sitf'. If vou'rf' d ¡;oin¡; to teilT down the bluffs then vou mi¡;ht as well tear down thf' Shot Towf'r, the' Court I louse, the Town Clock, and all of tll(' other '.c; historical site's. Each of these sitf's, includin¡; the bluffs, is special to mostly evervonl'. Fllen Motsch (iJvl'arsold) 8/6/2004 Page 1 of I Jeanne Schneider From: To: Sent: Subject: <RedLFun@aol,com> <jsch naid @city ofd u buque. org> Thursday. August 05, 2004 4:57 PM Eagle Point Bluffs Dear Mr. Duggan, I have never written or called anyone in city government before, so this is mv first time, I am verv Interested in preserving the bluffs, My feelings are that the Eagle Point bluffs and the bluffs under the Julien Dubuque Crave site frame the city. Thev should be left as they are because, once destrovl'd, thev will be gone forever. I was born and raised in San Diego, California, so I am not a Dubuque native, I chose to live in Dubuque. It is a beautiful city with a lot of charm and a nicc' place to raise a family, Now, winter isn't mv favorite, but after 23 ymrs, I am here to stav, I've seen what dl'velopment can do to a city, In San Dil'go peol,je live on top 01 pc'opl" with just about every green area gone, except for the golf courses and cemeteries, Whl'n mv mother comes to visit, shc' asks, "Who owns all this land?" and comments on how beautiful it is, MV question is this: If Roval Oaks disturbed th" bluffs and made them unsafe, why do the city and taxl,ayers have to pav to rectifv tlw damage? I feei that there' is an agenda for this condo to be builL Whose agenda is it? Thank vou tor taking the time to read and respond to my Idter. Leslie I.. Motsch 975 So. Crandvic'w i\ve. Dubuqul', IA 52003 Redl.Fun(i"aol.com '-, 8/6/2004