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Eagle Pt Park Bluff Discussioin August 24, 2004 Patricia Cline Honorable Council Member Dubuque City Council Re: Information for Eagle Point Park Bluff Dear Mrs. Cline: Thank you for your request made at the August 16, 2004 City Council Meeting for additional information. I've enclosed a summary of comments I made during the meeting. Our main concerns to the City Council are: 1) Taxpayers should not be held liable. 2) Until final Court decisions are made, all the property in question should be off limits. 3) We would like a representative named to any task force. 4) Safety can be achieved without more Eagle Point Park Bluff destruction. 5) Why now and for whom? 6) We, the citizens, request a public hearing. Below are two of the engineering firms recommended to us during the course of our discovery. 1. CNA Consulting Engineers 2800 University Ave., S.E. Minneapolis, MN 55414 612-379-8805 Fax - 612-379-8160 2. Allender Butzke Urbandale, Iowa 515-252-1885 I've enclosed a copy of this correspondence to the other City Council members. Due to the latest Court ruling, I did not enclose a copy to Mayor Duggan. Thank you for your time. In kindness, I am, -S~I/ ~ S.A. Sutton 1875 Custer 583-2655 HISTORY 01-23-03, zoning adjustment, 5 - 0 (yes) 02-03-03, city hall- neighbors notified 02-04-03, zoning advisory, 6 - 1 (no) 02-17-03, city council, public hearing, (super majority needed) 03-03-03, planning application from Mr. Speigel 04-02-03, zoning advisory (2nd meeting) 4 - 3 (yes) 04-08-03, packet from City Manager and Mr. Bird (chair of zoning) 04-02-03, Staff Report Note: Ordinance #03 C. Performance standards 2. - See attached - 04-21-03, City Council Public Hearing . Mr. Speigel said no City funding would be used for this project. Why then should taxpayers pay for a study or to fix this problem caused by Mr. Speigel's construction techniques? . Mr. Speigel stated the condominium would be 10 feet from bluff. He then started pushing back further because he didn't have enough land. . Mr. Buol amended the motion to make liability a condition of the rezoning. 05-05-03, City Council Meeting. Adoption of a Conceptual Development of Conditions . Indemnification Agreement - See Item within the Financial Liability Section, and the corresponding attachment. . 05-08-03, Council Meeting - Mr. Buol spoke about the City's liability issue. . 09-29-03, a letter was submitted along with petitions with 1300 signatures requesting a public hearing for the October 6, 2003 City Council meeting regarding the incursion into and destruction of Eagle Point Park Bluff face. . 10-03-03, City Manager, Mr. Van Milligan presented a packet to the City Council regarding the destruction of city owned property at Eagle Point Park Bluff face. This packet included: 1. 09-02-03, letter from Royal Oaks requesting permission to blast the bluff 2. City Public Works Director regarding removal of portions of the Eagle Point Park Bluff (I'd like to note...that in the discussions of evaluations of bluff removal no one was qua1ified to make the decisions that were made) Mr. Van Milligan states that a permit was issued for Eagle Point-City Bluffremoval on 9-8-03. 3. 5í Itff r<e(J".i r OC(-ð z.~O '3 Ordinance No. _-03 Page 2 \'Co /~ 2) i \ J \ $ ~ 3) 1) The proposed condominium development shall be constructed in substantial compliance with the attached conceptual development plan. 2) Maximum building height shall be limited to 740 feet above mean sea level. 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. Adequate erosion control shall be provided during all phases of construction. 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. SiQn ReQulations. Signs in the PUD District shall be regulated in accordance with the R-3 sign regulations of the Zoning Ordinance. F. 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 4. This was the first time the City Council was made aware that the developer - Royal Oaks had permission to build to a zero lot line. 5. It would seem to me that there is no truth about what was presented up to the rezoning approval and what in fact occurred. . 02-28-03 major landslides occurs at Eagle Point Park Bluff . 03-01-03, I appeared before you at the end of the City Council meeting asking that something be done regarding the landslides. At that time the City Manager, Mr. Van Milligan stated that the City was not equipped / qualified to evaluate the problem and could not take any action unless directed by the Council. . The majority of the City Council did not want to take action due to the pending litigation In April 2004, we did our own research, through the engineering departments of the University of Wisconsin, Iowa State University and a special telephone conference made to the United States Geological Services located in Menlo Park California. We were able to determine that CNA Engineer from Minneapolis was considered the most qualified on the type of bluff rock found on the Upper Mississippi Valley. Therefore we hired Dr. Petersen, at our expense, to evaluate the rock condition. Dr. Petersen's estimate was based on the original idea of how to prevent further destruction of Eagle Point Park Bluff and still build the condominium. Dr. Petersen's evaluation and costs were not based on the idea of destroying more of the bluff from our Eagle Point Park. . You are basing your recommendations for the $75,000 expenditure and Eagle Point Park Bluff removal on an Environmental firm (McGhie and Betts) retained by Mr. Spiegel and Royal Oaks Development. . This is the same firm obtained by Mr. Spiegel and Royal Oaks Development for the Eagle study, which we found in error and was severely questioned by our Eagle "expert". This same firm, McGhie and Betts, did not follow !ill with the required Federal Regulations on this study. . It has been stated that this firm, McGhie and Betts is often used by the city, yet in checking, there is no record of the city every paying for use of this firm. . Why would the city use a firm retained and paid for by Mr. Speigel when Mr. Speigel did the damage? . Up until now, the entire process and direction of removing the rock from Eagle Point Park Bluff face were made by people who were unqualified to make these major complicated decisions. In summery, we agree the rock face is unsafe and unstable. We, the public, have made repeated notifications of the potential danger and condition of the rock face with little success. The work already done was done poorly and we tried to tell you all along. Even in the report from McGhee and Betts it is noted that Mr. Speigel, the developer, did not follow his own procedure or the law with regards to their blasting. The mess we now have is the result. Our question is ... WHY NOW, and FOR WHOM?? FINANCIAL LIABILITY . Why should taxpayers bare this financial burden that was caused by the developer? . Taxpayers are already paying for the errors of the original re-zoning, which were recently voided by the court decision. . Taxpayers are already paying for the appeal of the latest court ruling. . Taxpayers will pay for the rock that was already removed from city property, given to the developer and a sub-contractor, and taxpayers will pay again when the sub-contractor bids a future city project and uses the same ground up Eagle Point Park Bluff rock. . Indemnification Clause signed by Mr. Speigel- on 09-27-03 ... See Attached ... Mr. Speigel and his company Royal Oaks Development created the current damage and the provisions of the damage should be enforced. The taxpayers should not be told to foot the bill for Mr. Speigel and his project. LEGAL ISSUES . Before the city gives away more land - we ask that you look at alternatives to save Eagle Point Park Bluff. . One of the issues raised in our appeal to the Iowa Supreme Court is that the city had no right to give up the 10 feet of city-public property. . Yet now, are we ready and willing to give up another 40 (?) feet? What happens when the Iowa Supreme Court rules in our favor? What plans do you have in place to replace the lost rock? . With our appeal to the Iowa Supreme Court, we are even questioning the correct boundaries of Mr. Spiegel's land claim. Vintage documents state exactly the width of Rhomberg Avenue. There does not seem to be interim documents updating the ~ L Ú;JþSE AUTHORIZING ROYAL OAKS DEVELOPMENT fOR USE Of A CONSTRUCTION STAGING AREA ON PUBLIC RIGHT-Of-WAY ~ / Section 1. ROYAL OAKS DEVELOPMENT as the owner of the premises, (Licensee), known as TOLLBRIDGE PLACE ~800 RHOMBERG AVENUE) in Dubuque, Iowa, and legally described as TOLLBRIDGE PLACE IN THE CITY OF DUBUQUE, IOWA be and is hereby granted a Revocable License and authority to use an~ a CONSTRUCTION STAGING AREA EAST AND WEST AS OUTLINED IN THE SEPTEMBER 2. 2003 REQUEST, (Encroachment) (see attachment for location) under-the terms and conditions set forth in this License. . r Section 2. The permission herein granted is expressly conditioned on Licensee's agreement to: d. a. Assume any and all liability for damages to persons or property which may result from the location, installation, existence, Use or maintenance of said Encroachment; and b. Procure and maintain in force during the term of this License a policy of liability insurance as set forth in the attached Insurance Schedule: and c. Pay on behalf of the City of Dubuque, all sums which the City of Dubuque shall become obligated to pay by reason of the liability imposed upon the City of Dubuque for damages of any kind resulting from the location, installation, existence, use or maintenance of said Encroachment sustained by any person or persons, caused by accident or otherwise to defend at its own expense and on behalf of said City any claims against the City of Dubuque arising out of the location, installation, existence, use or maintenance of Encroachment and to pay reasonable attorney fees therefor: and Indemnity, Q~e City of Dubuque free and harmless from any and all cleims, loss, liability and expense fGr death and/or . . les to thir pers or age 0 prop . ons,.QL J()~damage to any property of the City of Dubuque which may OCcur as a result of or in connection with the location, installation, existence, use or maintenance of said Encroachment. Section 3. That said Encroachment shall be maintained in accordance lith all applicable state and federal laws and regulations, and the Ordinances of le City of Dubuque. property with which Mr. Spiegel has a land claim. Therefore the boundary line between Mr. Speigel and Eagle Point Park Bluff is still in question. . Why would the city issue another 10-40 feet before the Iowa Supreme Court decides on this issue? If indeed safety is the concern there are other ways to proceed without more destruction of Eagle Point Park Bluff. . The current proposal is not being made for safety concerns, but to further prepare this area for construction of the condominium for this property, which is presently not properly zoned. . On 7-22-04, in a letter to Mr. Barry Lindahl, corporation counsel for the City of Dubuque, from Mr. Jeffrey Broberg, Vice President of McGhie and Betts, Mr. Broberg states in Paragraph 1, last sentence: "The purpose of this investigation was to evaluate the survey record of excavation and rock removal related to the occurrence of rock falls and landslides, to inspect and evaluate the current condition of the slope and to make recommendations to stabUize the rock face in advance of the construction of the Eagle VUla Condominium. " ...Please see attached for complete letter... TASK FORCE . If indeed you go ahead with your decision to engage an engineer, we ask that hopefully two, a minimum of one, public citizen(s) be allowed to serve on the task force to evaluate the conditions of the bidding process and the conditions of the work to be done. We believe this is important to ensure community access and good will. PLEA TO WORK TOGETHER . Many, not all of us are native Dubuquers. . Many, not all of us are 4th generation Dubuquers. . Contrary to some beliefs expressed to us, we are not against anything new, or against change. Indeed change is one of the basic laws of the universe. wh~1 . We are against, in Robert Kennedy Jr's words{\would be considered a crime against nature. . What we are trying to do, in Judge Shiras's words, is to protect this precious land for future generations. . The view of our magnificent Eagle Point Park, from both above and below, belongs to all the citizens, and to our grandchildren and their grandchildren. Rochester \.1innesota Envinmmen",1 Site hM"":"",,,n, \ ¡anagement 8. Design i\"'~""', Lead. 8. Other I iM1lfdpIJ' Materials Wetland Ddll1eation /,: Pem1itting Indoor Air Qoahty Geological Hallmh liST 8. Spills Environmental ,\"",""nt Wprl:sheet " Impact Statements vie 1\,,:an:;11> I:we>tigntion /<., Clean Up) 1EAt Tt"td .~venue S.E. Rocheste;. MN 55904 Tet 507.289.3919 Fax. 507.289.7333 o-,"al\ mcgh'obetls.com Es:ablished 1991 July 22, 2004 Mr. Bany A. Lindahl Corporation Counsel 300 Main Street Harbor View Place. Suite 330 Dubuque IA 5200 I -6852 Re: Eagle Point Park Rock Face Geologic Hazard Evaluation Dear Mr. Lindahl: IV accordance with the authorization of the City of Dubuque and Royal Oaks Development Corporation, wc bave conducted an inspection, investigation and report of thc rock "ICC and cxcavation bcing conducted on private land owned by Royal Oaks Dcvelopment and Eagle Point Park owned by the City orDubuqut.- l"he two parcels are unplatted land located in Section 17 in the city or Dubuque in Dubuque County, Iowa. -¡"he area of investigation encompasses a level excavated terrace and rock slope situated above the railroad and the visitor parking anQ observation area of Lock and Dam # 11 along Lock and Dam Street in Dubuque. ',The purpose of this investigation was to evaluate the survey record of excavation and rock removal related to the occulTence of rock falls and landslides, to inspect and evaluate the cuITent condition orthe slope and to make recommendations to stabilize the rock face in advance of the construction pfthe- EagleVilla Condominium~- . Our investigation concludes that pat1s or the rock face that we observed is euITently dangerously unstable and needs additional rock removal to create a more stable slope, Tbe concrete wall and platfoml from the rock steps wi]] require removal but the lookout and the remainder orEagle Point Park that is more than 20 feet back from the existing rock race is not at risk. The entire repot1 detailing our observations and findings is attached. Sincerely. McGHIE & BETTS ENVIRONMENTAL SERVICES, INC \ ~ h (V I )/ 1\ Vvì ), ~/\.V\.~j Jeffrey\o/. Brobert" CPG, MNLPG Vice P~sident Cet1itied Professional Geologists #3009 Minnesota Licensed Professional Geologist #300 I 9 . The quarry was a huge mistake. Do we want another quarry? . Lets begin again, together, and work towards enhancing our natural resources . There are some things money can't buy. We believe this is one of them and all the tax dollars generated from this site are turning out to be a pie in the sky at the cost - to the taxpayers of our beautiful land. . We would like to work with you to help stop the destruc1ÎoN of this beauty. Won't you, our elected officials, start working with us, the citizens of Dubuque to accomplish this? Thank you. Points for Consideration in the Reauest for a Public Hearina on the Stabilization of the Eaale Point Bluff +. Respectfully submitted - Richard Vorwald, 2921 Washington, 583-6198, 31 Aug. 04 A. Rough Drawing of Bluff - As viewed from the River t Ste s Shiras Memorial .-- CR Boats '5' '3' '1' 2' '7' '4' 'A' Old Bridge Þ Support '0' 'C' - 4 Sections 'B' Approx 240 Feet Parking Lot Bluff with 9 unstable areas as noted in the McGhie & Betts Studv (Rough Drawing) Note: Restabilization of the 9 areas noted above could ranae from removina 20 feet of the Bluff to removina a few loose rocks. This is not clear in the M & B studv. B. . RFP (Request for Proposals), Design, & Repair Process Timeline for Fix? . 1. Justifications for Bluff Stabilization? Take Time at this Staae - . Measure Twice. Cut Once' - Aesthetic Reasons - Safety Reasons - M&B Report(Study for building Condo) - CNA Report - Independent Study - Urgency of Repair (fence and wait for hearings?) - Staff Input - Council Input - Public Hearing 2. RFP Prepared 3. Contractors Review RFP - Site Visit - Subcontractors -TaskForce - City Staff Input - M & B Study - CNA Study - Council Input - Public Input - Task Force - Contractor Qualifications' 4. Contractors Quotes - City Staff Review for Cost & Capability - Council Review - Citizen Input - Task Force Review - Schedule - Follow-up . From the M & B Study p. 1 commenting on the work done on the Bluff in 1902" The original quarry masters, blasters and stonecutters knew the secret of using the natural fractures and joint faces in the rock to create a stable bluff ". August 29, 2004 To: Members of the Dubuque City Council From: John A Brennan, M.D. It is my understanding that there will be an ad hoc committee formed to look into the long-range solution to the Eagle Point Bluff issue. I am a citizen of Dubuque with a sincere interest in the Eagle Point Bluff and Park, as well as an informed interest in environmental stewardship, land use, and sustainable growth and development. I request that I be considered for membership in the committee being formed. I also request that this letter be submitted for addition to the list of action items qn the agenda for the Se"teliiQëi7~~ïQo.:4 citycouncil-meeiiiig, for further review and discussion. There is a precedent in our city government for members of the community at large to be represented on issues of broad community interest and I feel I could be a positive and constructive member of this Eagle Point group. Sincerely, Jo~~~an~ 1432 S. Grandview Ave. Dubuque, IA 52003-8733 . , " c',