Proposed Moratorium on Development Along US 20/Sieppel Road
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RUG 07 2000 13:44 FR I'EN=IRDS-GEN OFFICE 715 876 2868 TO 13195~
P.01/02
August 7, 2000
VIA FACSlM1LE ONLY
319,$89.0890
Honorable Mayor Duggan
City of Dubuque
City Hall
13. and Central Avenue
Dubuque, IA 52001
Re: August 7, 2000 Dubuque City CouDeD AleDda AetioD Item
PoteDtial Developllllllt Montorlum OD Hllhway 10 ID tbe
VleiDlty of Steppe! Road
Dear Honorable Mayor Duggan:
MC2Wd, Inc.' is disappointed to learn that a potential development
moratorium on Highway 20 in the vicinity of Sieppel Road is an Action Item on the
Monday, AugtJ$t 7, 2000, Dubuque City Council Agenda. It is the position of Menard,
Inc. that a development moratorium in and of itself is an extreme step. However, the
proposed development moratorium constitutes an even more extreme step in this instance
as the ncccssary input has not been received from the Iowa Department of TI'8DSp01tation
("mOT'). It Bpplllllll to Menard, Inc. that the City of Dubuque is on the threshold of
enacting a development moratorium without full knowledge from !DOT as to what the
scope ofthc development moratorium should be.
It is Menard. Inc.' s wdorstanding that Richard Kautz, IDOT District
Engineer, wrote several letters at the Mayor's office' s behest requesting the City of
Dubuque enact a development moratorium along Highway 20 West somewhere "in the
vicinity of Sieppel Road". Now, the City of Dubuque stands poised to enact a
development moratorium without receivm, a definitive answer from IDOT as to
precisely what constitutes the vicinity of Sieppe1 Road, and over which IDOT believes a
development moratorium needs to be placed. Menard, Inc,'s convezsations with mOT
officials, including Richard Kautz. have revcaled that IDOT is, at the outside. several
weeks away &om determining the geographical scope of the revised Southwest Arterial
location study. The aforementioned study is an absolutely essential piece of information
which the City Cowcil must have prior to making an informed decision concerning the
proposed development moratorium. To act otherwise would result in the City of
Dubuque making an uninformed decision, and would further constitute II dan usly
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AUG 07 2l1I00 13:45 FR MEi'mDS-GEN IFFlCE 715 876 2868 TO 13195B90690
P.02/02
Menard. Inc. urges the City of Dubuque to reject a development
moratorium which threatens to stop the economic growth of the City. At the very least.
the City of Dubuque should table the proposed development moratorium until such time
as all of the information necessary to allow the City of Dubuque to make an informed
decision has been received.
I can be reached at 715.876.2810.
Respectfully Submitted,
~U1.~
Thomas W. O'Neil
Real Estate Acquisitions
Menard, Inc.
co: Daniel E. Nicholson. Councilperson
AIm Michalski, Counci1pcrson
John Marlcham, Councilperson
Roy D. Buol, Councilperson
Joseph T. Robbins, Counci1pcrson
Patricia! Cline. Councilpcrson
Michael C. Van Milligen, City Manager
Jim Bradley, Pn1dential Friedman Realty, Inc.
Bill Maiers, Esquire
Laura Carstens, Planning Services Manager
Ed Tschiggfiie
Richard Kautz. District Engineer
Bob Krause, Transportation PIlIIlI1cr
Jef&ey Pieters, Telegraph Hcn1d
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RUG. 7.2000 3:44PM
NO. 455
P.2
LAW OFFICES OF
REYNOLDS & KENLINE, L.L.P.
IJlO >\. l\IoCAltTHY
DAVID L. CUlMBNS
WILUAM 1. w.IIlRS
l:lIADV/YN D. COX"
!MlIE1, SUUJ\IAN
lIlI'I'Rlly L, W ALTB1lS
PAUI.A 1\1, STlNLtrnD"
IBlOOI'BRA. ~NLON
IOHN T. NBMMBN
TODD N. ICLAPATAvaKAS'"
SUITB 222 FISCHER BUILDING
P,O,BOXZ39
DUBUQUE,IOWAS2004-o239
TELBPHmlI!: (319) 556.8000
FAX: (319) 556-8009
Ji..Mail:rkcnllnc@mwoi,nlll
'ALIfJ I.It$lIfIID IN MJJ4NIIOTA
..ALIQ L1CIMIIID IN 1IIICON~ ,f\HD JU..PolOII
"'ALloUCBNJIDIN ILl.J!<<)1!
Augu;t 7, 2000
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Thlil Honor~ble Terrance M. D\.l9'gan, Mayor
and Members ot the DUbuque City Council
50 Wen 13th Street
Dubuque, IA 52001-4864
Dear Mayor Duggan and Council Members:
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~: Proposed Moratorium on Development Along U.S. 20
(Aotion Itlilm No. 10)
Wlil represent Bill and Janet Siegert. They own property
along Highway 20 which will be adversely aftected by this proposed
moratorium. Further, let thill writing e.cknowledglil my phone
oonversation with Mayor Duggan on Monde.y, August 7, 2000, during
which Mayor Duggan advised that the Council would not entertain
oral input on thi; aotion item e.t its August 7, 2000, meeting. AS
counsel for the Siegertll, we request the opportunity to be heard on
this i;;ue before any final action is taken by the Council.
The proposed moratorium h overly broad a; to time. IDOT
i. e.ttempting to achieve by City action a moratorium outside the
time SOOplil of Iowa Code Section 306.19(5). The purpose of Iowa
Code Section 306.19(5) is to balance IDOT's interest in preserving
property within a preservation zone and the property owner'~ right
to d.velop the property. Section 306.19(5) grants rDOT 30 days
aft.r notification to begin proceedings to acquire the property in
question. The Department may apply to the City for an extension.
Atter public hearing on the matter, the City may grant an
additional 50-de.y extension of the period. In other words, the
statute allows a maxi~m of 90 days for the moratorium. By a.king
the City to pass a one-year moratorium, IDOT ill attempting to avoid
its statutory respon.ibilities under Section 305.19(5) of the Iowa
COdlil. It i. our position that if the City were to pass such a
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RUG. 7.2000 3:45PM
NO.466
P.3
LAW OmCiS OF
REYNOLDS & KENLINE, L.L.P.
2)
moratorium, it would be acting beyond the scope of its authority.
Any euch moratol:'ium would constitute a conJltructive taking of
property interestJl owned by the siegerte.
The requested moratorium is not only overly broad
regarding time, but also overly broad regarding Ilubject matter.
Mr. !<autz requeete a moratorium "along U.S. 20". What doe. that
mean? Apparently, lDOT has not or cannot define precisely what
constitutes property in the vicinity of SeipP4!ll Road. At a
minimum, until lDOT de:finee what property is needed for the
Southwest Arterial, any development moratorium should be tabled.
specifioally, we would contend that any development
moratorium should not pertain to Lot :2 of Siegert'. place Third
Addition (the Msnards .ite). The Siegerts have a signed Purchase
Agreement with Menard.. The Siegerts and Menards have been working
on this project for a year. Huge amount. have been spent on
environmental studies and other prel;i.minary work. lDOT wa.
apprised of thie project months ago. City staff was apprised of
this project months ago. The City of Dubuque Zoning COlMliuion has
known about this project. The City Council has known about thie
project. No one ever mentioned any hint of such a moratorium to
the Siegerts or Menards up until now. To place a moratorium on
this property now would be patently unfair and would result in
.ignificant damages to Menard. and the Biegerts.
We respectfully contend that it would be premature for
the City Council to act on the proposed development moratorium
until lDOT precisely definee the property in question. We further
content that the proposed moratorium is overly broad in terms of
time and eubject matter. To pass such a moratorium would be beyond
the scope of the City's authority and would oonstitute a
oonetrucciv&l taking of the BiegertB I property. On behalf of
Mr. and Mrs. Siegert, we request the opportunity to be heard on
this impo>:,tant il!ll!lue, and strongly urge that the City Council
reject the development morator;i.um.
Sincerely,
'lA/~ ~
William J. Maiers
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WJM/dmil
AUG. 7.2000 3:45PM
LAW Oi1'ICES OF
REYNOLDS &: KENLINE, L.L.P.
3)
001 Counc~lperson Daniel E. Nicholson
Counoilperson Ann Miohalski
Counoilperson John Markham
councilperson Roy D. Buol
CouncilperBon Joseph T. Robbins
Councilperson Patrioia Klein
! I 'WPt \DOWJ. ,...,.., \C1Orr\OIl O'1I0~1Q,'JQI. .wpd
NO. 466
P.4