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
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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
. ,
"
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