Proposed Development Moratorium in the Southwest Arterial Corridor
'.
LAW OFFICES OF
REYNOLDS & KENLINE, L.L.P.
LEO A. McCARTHY
DAVID L. CLEMENS
WILLIAM J. MAIERS
CHADWYN D. COX*
MARK J . SULLIVAN
JEFFREY L. WALTERS
PAULA M. STENLUND**
JENNIFER A. CLEMENS-CONLON
JOHN T. NEMMERS
TODD N. KLAPATAUSKAS***
SUITE 222 FISCHER BUILDING
P.O. BOX 239
DUBUQUE, IOWA 52004-0239
TELEPHONE: (319) 556-8000
FAX: (319) 556-8009
E-Mai1:rkenline@mwcLnet
. ALSO LICENSED IN MINNESOTA
.. ALSO LICENSED IN WISCONSIN AND ILLINOIS
... ALSO LICENSED IN ILLINOIS
September 7,
200b
C)',<.
rU'A
C:,-
c:
.~.2 > _
c. (I'
C.)
o
c")
!-'1
-0
\
0.)
:0
in
C"J
:T1
~?
"-
nl
o
The Honorable Terrance M. Duggan, Mayor
and Members of the Dubuque City Council
City Hall
50 West 13th Street
Dubuque, IA 52001-4864
~
:I:
".__C!
>:::--:;:
o'
CD
-.0
.c-
\.0
Dear Mayor Duggan and Council Members:
RE: Proposed Development Moratorium
in the Southwest Arterial Corridor
As I previously advised, we represent Bill and Janet
Siegert. They own property subject to the proposed development
moratorium. First of all, we wish to express our appreciation for
the Council's attention and cooperation to date regarding the
Siegerts' concerns. In my previous letter of August 7, 2000, I
stated that the proposed moratorium was overly broad in subject
matter and in time. As a result of your subsequent communications
with IDOT, I think the property subject to the proposed moratorium
has now been refined by the DOT within a reasonable scope. It
continues to be our position, however, that the proposed moratorium
is overly broad as to time. The proper procedure for "protecting"
the proposed Southwest Arterial corridor is set forth in Iowa Code
Section 306.19. For reference purposes, I attach a copy of
correspondence I have today sent to the City's corporation counsel
setting forth our legal position. We respectfully request that
this issue be set for a public hearing before any final decision is
LAW OFFICES OF
REYNOLDS & KENLINE, L.L.P.
2)
made on the moratorium. This proposed moratorium will have a
significant financial impact on the property owners subject to it.
They deserve the right to be heard before any final decision is
made. Thank you.
Sincerely,
~~9-- ~
William J. ~aiers
WJM/dms
enc.
cc: Mr. and Mrs. William A. Siegert
13836 Old Highway Road
Dubuque, IA 52002
S,\WPS\DONNA\Siegert\Corr\MAYOR-CITY COUNCIL-LETTER.wpd
,-" .
. .
LAW OFFICES OF
REYNOLDS & KENLlNE, L.L.P.
LEO A. McCARTHY
OA VID L. CLEMENS
WILLIAM J. MAIERS
CHAOWYN O. COX.
MARK J . SULLIVAN
JEFFREY L. W ALTERS
PAULA M. STENLUNO..
JENNIFER A. CLEMENS-CONLON
JOHN T. NEMMERS
TOOO N. KLAPATAUSKAS."
SUITE 222 FISCHER BUILDING
P.O. BOX 239
DUBUQUE, IOWA 52004-0239
TELEPHONE: (319) 556-8000
FAX: (319) 556-8009
E-Mail:rkenline@mwci.net
. ALSO LICENSED IN MINNESOTA
"ALSO LICENSED IN WISCONSIN AND ILLINOIS
."ALSO LICENSED IN ILLINOIS
September 7, 2000
Barry A. Lindahl
City Attorney
Dubuque Building
700 Locust Street, Suite 196
Dubuque, IA 52001
Dear Barry:
RE: Development Moratorium in Southwest Arterial Corridor
As you know, I represent Bill and Janet Siegert. They
own property subject to the proposed development moratorium in the
Southwest Arterial corridor. I previously wrote the City Council
expressing our opposition to the proposed moratorium. To ensure
there is no miscommunication, I thought it appropriate to express
and reduce to writing our opposition (and basis therefor) directly
to you.
I have found no statutory authority to support the City's
position to enact the one-year moratorium. Further, I have
discovered no case law to support the position. I have found cases
involving moratoria on zoning changes. That, however, is not our
situation. The requisite zoning is in place on the property in
question. There is no argument that the property is compatible for
development. Issues of public safety, health, or welfare are not
involved. The issue is one purely of money. The DOT wants to save
money on acquisition cost to the detriment of the affected property
owners.
...- ..
LAW OFFICES OF
REYNOLDS & KENLlNE, L.L.P.
2)
It is our contention that Section 306.19 of the Iowa Code
is controlling. The Iowa Department of Transportation is
attempting to have the City achieve something which the DOT has no
authority to accomplish. The policy behind Iowa Code Section
306.19(5) is to balance IDOT's interest in preserving right-of-way
property and the property owner's right to develop the property.
I will not recite all the particulars of Section 306.19. I know
you are familiar with its contents. Indeed, a preservation zone
was previously established by the City along the Highway 20
corridor.
The proposed moratorium is contrary to the provisions of
Section 306.19. It is a fundamental principle that state laws are
superior to municipal ordinances. To totally restrict a property
owner's right to develop his/her property for a period of one year
would constitute a compensable taking in our opinion. On a
practical level, implementation of Section 306.19(5) would also
address the frustrations the Council has experienced to date with
the DOT. The notice establishing a preservation zone is valid for
three years and can be renewed. If the City receives an
application for a building permit, subdivision plat, or zoning
change, it notifies the DOT. Then the DOT would have up to 90 days
(initial 30 days plus 60-day extension) to decide whether it needs
the property and proceeds toward acquisition. This process would
force the DOT to move the project forward and not allow it to
languish as it has in the past.
Barry, if you have specific statutory authority or case
law supporting the City's position, let me know. If I have missed
something material in my research, I will gladly re-evaluate my
position. Thank you.
Sincerely,
William J. Maiers
WJM/dms
cc: Mr. and Mrs. William A. Siegert
13836 Old Highway Road
Dubuque, IA 52002
S.\WP8\DONNA\Siegert\Corr\LINDAHL-LETTER.wpd
~
~
CITY OF DUBUQUE, IOWA
MEMORANDUM
September 26, 2000
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Proposed Development Moratorium in the Southwest Arterial
Corridor
Corporation Counsel Barry Lindahl has determined that the request from the Iowa
Department of Transportation to enact a moratorium along the proposed Southwest
Arterial Corridor at Highway 20 must first be considered by the Zoning Advisory
Commission.
I respectfully request that the Mayor and City Council refer the request to the
Zoning Advisory Commission.
~
ll" L l,,~ Ii
MCVM/dd
Attachment
o
n<:o-
cc: Barry Lindahl, Corporation Counsel
Tim Moerman, Assistant City Manager
Laura Carstens, Planning Services Manager
C'
)> ::;;
o
ill
0
0
(/) ~.D
r-.,
-0 iTl
r,,) -")
-.J '-
:-n
-0 <~
:l::
- ill
.. 0
(,,'1
N
LAW OFFlCES OF
REYNOLDS & KENLINE, L.L.P.
LEO A. McCARTHY
DAVID L. CLEMENS
WILLIAM 1. MAIERS
CHADWYN D. COX.
MARK 1. SULLIVAN
1EFFREY L. WALTERS
PAULA M. STENLUND"
1ENNIFER A. CLEMENS-CONLON
JOHN T. NEMMERS
TODD N. KLAPATAUSKAS...
SUITE 222 FISCHER BUILDING
P.O. BOX 239
DUBUQUE, IOWA 52004-0239
TELEPHONE: (319) 556-8000
FAX: (319) 556-8009
E-Mail:rkenline@mwci.net
. ALSO LICENSED IN MINNESOTA
.. ALSO LICENSED IN WISCONSIN AND n.LINOIS
... ALSO LICENSED IN ILLINOIS
September 7,
200'b
~~
0'<
C_ C)
o .....-
Ie
;S :-'.
-c c;-
CD
-0
)>~
(")
CD
The Honorable Terrance M. Duggan, Mayor
and Members of the Dubuque City Council
City Hall
50 West 13~ Street
Dubuque, IA 52001-4864
Cl
<::)
cn
!....,
-0
I
0)
:0
m
C)
r11
<
m
o
:tl'-
:Jl:
'.D
~
\,,0
Dear Mayor Duggan and Council Members:
RE: Proposed Development Moratorium
in the Southwest Arterial Corridor
As I previously advised, we represent Bill and Janet
Siegert. They own property subject to the proposed development
moratorium. First of all, we wish to express our appreciation for
the Council's attention and cooperation to date regarding the
Siegerts' concerns. In my previous letter of August 7, 2000, I
stated that the proposed moratorium was overly broad in subject
matter and in time. As a result of your subsequent communications
with IDOT, I think the property subject to the proposed moratorium
has now been refined by the DOT within a reasonable scope. It
continues to be our position, however, that the proposed moratorium
is overly broad as to time. The proper procedure for "protecting"
the proposed Southwest Arterial corridor is set forth in Iowa Code
Section 306.19. For reference purposes, I attach a copy of
correspondence I have today sent to the City's corporation counsel
se~ting forth our legal position. We respectfully request that
this issue be set for a public hearing before any final decision is
LAW OFFICES OF
2)
REYNOLDS & KENLINE, L.L.P.
made on the moratorium. This proposed moratorium will have a
significant financial impact on the property owners subject to it.
They deserve the right to be heard before any final decision is
made. Thank you.
Sincerely,
-W~9- ~
William J. ~aiers
WJM/dms
enc.
cc: Mr. and Mrs. William A. Siegert
13836 Old Highway Road
Dubuque, IA 52002
S,\WP8\DONNA\Siegert\Corr\MAYOR-CITY COUNCIL-LETTER.wpd
JL
.--......
..-----., .
J ;'
_/,1
.....:::...,..;
" ~;
~.
.....,-------
LAW OFFICES OF
REYNOLDS & KENLINE, L.L.P.
LEO A. McCARTHY
DAVID L. CLEMENS
WILLIAM 1. MAIERS
CHADWYN D. COX-
MARK 1. SULUV AN
lEFFREY L. WALTERS
PAULA M. STENLUND--
lENNIFER A. CLEMENS-CONLON
JOHN T. NEMMERS
TODD N. KLAPATAUSKAS---
SUITE 222 FISCHER BUILDING
P.O. BOX 239
DUBUQUE, IOWA 52004-0239
TELEPHONE: (319) 556-8000
FAX: (319) 556-8009
E-Mail:rkenline@mwci.net
. ALSO LICENSED IN MINNESOTA
"ALSO LICENSED IN WISCONSIN AND ILLINOIS
... ALSO LICENSED IN ILLINOIS
September 7, 2000
Barry A. Lindahl
City Attorney
Dubuque Building
700 Locust Street, Suite 196
Dubuque, IA 52001
Dear Barry:
RE: Development Moratorium in Southwest Arterial Corridor
As you know, I represent Bill and Janet Siegert. They
own property subject to the proposed development moratorium in the
Southwest Arterial corridor. I previously wrote the City Council
expressing our opposition to the proposed moratorium. To ensure
there is no miscommunication, I thought it appropriate to express
and reduce to writing our opposition (and basis therefor) directly
to you.
I have found no statutory authority to support the City IS
position to enact the one-year moratorium. Further, I have
discovered no case law to support the position. I have found cases
involving moratoria on zoning changes. That, however, is not our
situation. The requisite zoning is in place on the property in
question. There is no argument that the property is compatible for
development. Issues of public safety, health, or welfare are not
involved. The issue is one purely of money. The DOT wants to save
money on acquisition cost to the detriment of the affected property
owners.
LAW OFFICES OF
2)
REYNOLDS & KENLINE, L.L.P.
It is our contention that Section 306.19 of the Iowa Code
is controlling. The Iowa Department of Transportation is
attempting to have the City achieve something which the DOT has no
authority to accomplish. The policy behind Iowa Code Section
306.19(5) is to balance lOOT's interest in preserving right-of-way
property and the property owner's right to develop the property.
I will not recite all the particulars of Section 306.19. I know
you are familiar with its contents. Indeed, a preservation zone
was previously established by the City along the Highway 20
corridor.
The proposecrmoratorium is contrary to the prOV1S10ns of
Section 306.19. It is a fundamental principle that state laws are
superior to municipal ordinances. To totally restrict a property
owner's right to develop his/her property for a period of one year
would constitute a compensable taking in our opinion. On a
practical level, implementation of Section 306.19(5) would also
address the frustrations the Council has experienced to date with
the DOT. The notice establishing a preservation zone is valid for
three years and can be renewed. If the City receives an
application for a building permit, subdivision plat, or zoning
change, it notifies the DOT. Then the DOT would have up to 90 days
(initial 30 days plus 60-day extension) to decide whether it needs
the property and proceeds toward acquisition. This process would
force the DOT to move the project forward and not allow it to
languish as it has in the past.
Barry, if you have specific statutory authority or case
law supporting the City's position, let me know. If I have missed
something material in my research, I will gladly re-evaluate my
position. Thank you.
Sincerely,
William J. Maiers
WJM/dms
cc: Mr. and Mrs. William A. Siegert
13836 Old Highway Road
Dubuque, IA 52002
S.\WPI\DONNA\Siegert\Corr\LINDAHL_LZTTBR.wpd
.
.
.
pI
~~ !;~;~:c~epartment of TranSPO~~,:~~n
~ 430 Sixteenth Avenue SW FAX: 319-364-9614
P.O. Box 3150. Cedar Rapids. IA 52406-3150
August 29, 2000
Ref: STP-32-1 (I 0)--2C-3 I
Dubuque County
City of Dubuque
iVlichael C. Van Milligen
City Manager
50 West 13th Street
Dubuque, IA 52001-4864
SUBJECT: Moratorium on U.S. 20 - Southwest Arterial
Dear r-.like:
This letter is in response to your letter dated August 9,2000 concerning my earlier request for a moratorium of
one year on approving development actions along U.S. 20. This request is based on a proposed Southwest
Arterial connection to U.S. 20 near Seippel Road. In my letter 1 stated that I would provide limits of the
impacted area when available.
Please find attached the corridor study limits for the proposed Southwest Arterial connection to U.S. 20 near
Seippel Road. The properties affected are identified. Also attached is a letter from our engineering consultant,
HDR of Omaha, Nebraska, which provides a very preliminary environmental review of the proposed study
area. I hope this information addresses your first concern.
The area included in the corridor study limits north of U.S. 20 does exceed the limits for corridor preservation
for the proposed U.S. 20 improvement project. The reason for this is the possible need for a different
interchange configuration than those previously considered (no Southwest Arterial connection). As we
proceed with the location and environmental studies for both the U.S. 20 and Southwest Arterial corridors. we
will continue to better define and, therefore. reduce the area of potential impact. As an ongoing effort, the
limits of the moratorium can also be minimized, \vhich is your second concern.
If the eity determines that it has the legal authority to impose the moratorium based on the request of the
department, then I will also ask the county to do likewise. This should answer your third concern.
I plan to attend the City Couneilmeeting on September 5.2000.
Please contact me at the above phone number if you have any questions.
Vcry truly yours.
f2i.ch(L~ C? r~f J
Richard E. Kautz. r.E.
District Engineer
R E KO h
Attachment
cc: Anne O'Shea, Zoning. Dubuqlle COllnty C0l1rthollse
Robert Kl':1l1se, Transportation Planner, (O\va DOT. Dyersvillc. 11\ 52040
To
Brad Hofer
.
From
Will Sharp
Dick Gorton
Randy Graham
li)~
Memorandum
Date
August 3, 2000
Subject
DUBUQUE COUNTY
PROJECT NO. STP-U-2100(12)-70-31. STP-32-1(1 0)-2C-31
Proposed Study Area - Southwest Arterial Junction with U.S. 20
A brief environmental review was conducted of the proposed interchange alternatives of the
Southwest Arterial junction with U.S. 20 in the vicinity of Seippel Road, and is documented
below. Wetlands and floodplain issues were evaluated. Based on the conceptual interchange
design and environmental review completed to date, we propose the study area on the attached
figure. The study area was developed by overlaying the various concepts developed to date to
determine a worst case scenario. As noted below, all alternatives currently being considered have
varying levels of impact to the Catfish Creek floodplain, and this is anticipated to be a key issue
in the environmental process.
.
Wetlands Investigation. A field investigation of the site determined that there are no wetland
resources that would be impacted by the interchange. Catfish Creek exists at the site and has a
well defined bed and bank and is, therefore, a 404 jurisdictional water. Some of the interchange
concepts at the site involve relocation of this creek. The Corps of Engineers will view this as an
impact that should be avoided. Consequently, any attempt to pursue an alternative requiring
relocation of the creek will require a demonstration that the other interchange alternatives are not
practical.
The field investigation did identify one problem in conjunction with Seippel Road Extension that
should be corrected. There is a wetland developing at the culvert on the west side of Seippel
Road extension where it junctions with U.S.20. This area is in the process of becoming a
wetland. Although it would not have yet developed hydric soils, the site has developed wetland
vegetation. Unless the city intends this area to become a wetland, drainage should be installed to X
prevent ponding. Otherwise, this area will eventually become a jurisdictional wetland.
Attached are captioned photos of the area which show the wetland, Catfish Creek, local drainage,
and the vegetation of other areas. As can be seen from the photos, most of the area has- no 404
regulatory issues.
Floodplain Review. This following is a brief hydraulic review of four proposed Southwest
Arterial alignments with U.S. 20. This review is not intended to be detailed in nature, but a
general evaluation of potential hydraulic advantages and disadvantages for each proposed
concept.
.
General:
In general all four concepts may require channel modifications, including channel relocation.
The mapping provided reflects a channel that may have already realized channel straightening
Ll.
d 1..'''' 1<;~C'r..l-.::-'-
iJ/ z:-Il.. KC\.(. ~
?/II~'c
S' !tv I() CJ
L..;.....
.
from approximately the downstream portion of the knee of the bend of Catfish Creek, located
approximately in the Southwest portion of the project, up to the next bend situated upstream.
Although channel straightening may lead to channel instability, with upstream migrating channel
bed degradation and subsequent bank sloughing, a relatively short realignment, with design and
construction of appropriate grade control structures, should not present a significant hydraulic
problem. However, channel straightening or relocation is anticipated to present difficulty in the
approval of other permit applications.
A more significant hydraulic impact of any of the four concepts to Catfish Creek will be the
floodplain impact. All four appear to present a potentially large constriction to the available
conveyance capacity of the floodplain. All four concepts appear to eliminate the left (north)
floodplain with the placement of the ramps as well as the highway alignments. The right
floodplain, located along the outer portion of the bend, also appears to have significant blockage
due to the highway alignments.
Such constrictions increase the potential for bridge structure failure due to local scour during rare
event floods at the abutments and piers. Such potential may be mitigated through the design and
construction of appropriate river training and grade control structures. It is noted that the
existing U.S. 20 embankment within the Catfish Creek floodplain does block a significant
portion of the conveyance potential within these floodplains. However, relative to the proposed
alternatives, the existing condition does present a more localized constriction and, subsequently,
less impact to design water surface profiles.
.
Because construction in the floodplain is required for all concepts, a permit from the Iowa
Department of Natural Resources will be required. As a part of the permit approval, Iowa DNR
will likely want documentation that construction in the floodplain cannot be avoided. This
review will be more critical if the construction is in a designated FEMA floodway.
Should the floodplain be in a FEMA designated floodway, a mitigation channel would need to be
provided, or the floodway would need to be redefined through a public process, in order to allow
the higher regulatory water surface profile. The design of a mitigation channel would appear to
be difficult due to the apparent large compensation necessary for the loss of floodplain
conveyance. The design would need to increase the main channel size, or an improved channel
and floodplain channel, to compensate for the lost conveyance. The design would also need to
incorporate the effects of flow being redirected from the natural floodplain and channel into an
improved floodplain and channel, resulting in additional momentum losses. Such design would
again present difficulty in the approval of other permit applications and present a potentially high
construction cost to provide the mitigation channels.
.
Concept SW-Al
This concept was briefly reviewed to evaluate the option of shifting the Southwest Arterial east
at the U.S. 20 junction to minimize Catfish Creek impacts. This option would require partial
reconstruction of the Seippel Road extension to tie into the shifted Southwest Arterial alignment.
This concept effectively blocks floodplain conveyance for approximately a third of a mile, from
the exit ramp from eastbound Southwest Arterial onto southbound U.S. 20 to the exit ramp from
southbound Southwest Arterial onto the westbound U.S. 20. In addition, the ramp allowing
eastbound U.S. 20 traffic to exit onto southbound Southwest Arterial also is situated just
.
downstream of a bend and is placed in a strong skew position. The bend situation presents
problems in that shear forces are typically tripled along the outer edge immediately downstream
of a bend, increasing the potential for significant scour.
In addition, with the potential loss of floodplain conveyance, the channel will be carrying the
additional flow, further increasing the stream power of Catfish Creek. Finally, the piers will
need to be angled normal to the flow to avoid additional inducement of scour, thus increasing
design costs. It is noted that the most downstream ramp is also placed in a skew position, thus
realizing the same potential for either increased cost or additional inducement of scour.
Concept SW-Bl
This concept effectively blocks floodplain conveyance for approximately a third of a mile, from
the Cousins Road extension to the exit ramp from northbound Southwest Arterial onto the
eastbound U.S. 20. In addition, the ramp allowing eastbound U.S. 20 traffic to exit onto the
Southwest Arterial also is situated just downstream of a bend and is placed in a strong skew
position. The bend situation presents problems in that shear forces are typically tripled along the
outer edge immediately downstream of a bend, increasing the potential for significant scour.
In addition, with the potential loss of floodplain conveyance, the channel will be carrying the
additional flow, further increasing the stream power of Catfish Creek. Finally, the piers will
need to be angled normal to the flow to avoid additional inducement of scour, thus increasing
design costs. It is noted that the most downstream ramp is also placed in a skew position, thus
realizing the same potential for either increased cost or additional inducement of scour.
.
Concept SW-B4
This concept effectively blocks floodplain conveyance for approximately a third of a mile, from
the exit ramp from eastbound U.S. 20 onto Southwest Arterial to the bridges of the Southwest
Arterial. This concept does not present the bridge obstruction just downstream of a bend as the
previous two concepts, nor does it present a significant skew of the bridges to the stream as the
previous two concepts.
Concept SW-B6
This concept effectively blocks floodplain conveyance for approximately a third of a mile, from
the exit ramp from eastbound U.S. 20 onto northbound Seippel Road Extension to the exit ramp
from northbound Southwest Arterial onto the eastbound U.S. 20. In addition, the ramp allowing
eastbound U.S. 20 traffic to exit onto southbound Southwest Arterial also is situated just
downstream of a bend and is placed in a strong skew position. The bend situation presents
problems in that shear forces are typically tripled along the outer edge immediately downstream
of a bend, increasing the potential for significant scour.
In addition, with the potential loss of floodplain conveyance, the channel will be carrying the
additional flow, further increasing the stream power of Catfish Creek. Finally, the piers will
need to be angled n0I111al to the flow to avoid additional inducement of scour, thus increasing
design costs. It is notcd that the most downstream ramp is also placed in a skew position, thus
realizing the samc potential for either increased cost or additional inducement of scour.
.
'..',
I
~(.
?~
("'\ .... /
~ /:/
... / /
\ /./ .
...- '~/,/ :- .
...... ..... . '"
--.:....._/"1.;, A
......:..."'..... \/' "
," '-,", /'
0"'..' '
,. ~/< ~'~-\.'-~
. '/" '
'/ ,,~
.' ;' \~ \
.' :/ ~ ," b~~ ~/ " .> I
.... G~ ~""r' ,/
. I' ' /
/ - ' /~:\.:~' . /, ,
.. .' ,... ."" .;- I I I'
:-:-..:::..~::::. :-~' ,/ \v/ // . ~.,
, , ~ ( ., --
. . /(,~~.:fi
_,~.'=~_-::_'- _/ ~'.. ~ 1(
.' ' .-. ,.\
/-;. ~'~~.
(', ~ ,\ \:
) '\~ ,"
.--.-,/ "'
...
~
",
,~
.........
.......
c~..~.--'-
, ,
"
" \
. I
I
,
'....
.......
\
-'
.,.-
----...j i/
'" ~:,
I
r-__I (' -::~'
('-) "..;
\.,
\
,_~..... i
" -J
.:
',-
"
\
\
I
J ,..
)\ {}' '------ y
... ' 1 ~
~'-'--~~,~(~/-'X~:/. .
I" /" /. , '
I " ,~ ..' ' ,',
-- ) " ", .
~..:__:) // '<" \ i \"
\ Y /--.,j ')
\ ...... \.
): I .\\,'"
./ I.
/" ~\ \
// CtJ \ /
/ ' I
\ :~ \.
\ ~) ')
\ -..J /' \
Cj (. )
\ ()/> /)
\ /' ~;
/
'- -.~.
: : -'
{-\
, }
,--
.I
\_,
.
L-
r--
I
I
LL
z
o
~tJ
~Z
-<{~
"0
2)--lN
:J -<{ ,
~02~
V')~:J
~
O-<{I
u.J ~
V')~-
OV)~
a...u.J
o 5 ~
~I g
a... ~ N
:J c-J
o l-
V)
V) ::)
o
::)
<t:
u../
c;
0>
.C
L
Q)
(l)
C
:V
b.I..
~.'(
.
.(
.
.
Disk 1 Photo 1 Facing c:ast toward US 20 from Point 1 on the map
.
.
Disk 1 Photo 2 r-ai.:ing north p:J.r.llkling L'S 20 from r,)inr I on rh<: map ,
.
Disk I Photo 3 ElCing wes[ away from US 20 dO....l1 Scippd Road from Point I on [he map.
.
.
Disk I Photo 4 FJ.cing C:lS[ toward L:S 20 from Point Ion the map at the intersection of S<:ippt:1 Road and
US 20.
.
.
.
~isk I Photo 5 Facing south irom Scip~1 Road along US 20 irom Point I.
OJ,\( I Photo 6 Facing southwest from Point I. Looking:l[ a cornridd and sm311 developing wet J.rea J[
the base of [he culvert.
.
Di~k ! Ph,}t,) 7 EKing w..:st along Sc:ippd RO;1d from Point t on m.Jp.
.
.
11,,)... 1 I'h.)t(\ S F:\..:i1\~ n\\rlh\\CSI ;II Point l. 1.'''lkin~.1f ":lI!vcrt lInJcr &ippd Road with dt:vdoping
\\Cll.ll1d \\1111111 20 fect ,If (uhcn \lutk!.
.
.
Disk I Photn <) EKing nOl1hw::st at Paine l. Looking;u culvel1 umkr Scippd Road from top of US 20
;rf:J.J::. .-\ developing \.\etbnJ is loc:J.teJ within 20 tc:c:t of culvC::1 outlet.
.
Di:;k I Pho(u 10 F:h:ing sOllth .llong l:S 2ll trlllll Point I lHI Ilt\p. Shllwing th:: low an:a between L;S 20
.lllt! (he comtio.:ld.
.~.~-
.
Disk I Phoro I] Close up photo of culvert on northwest side of Scippd Road at Point I on IT'.ap.
.
.
Disk I Phoro 12 FJcing cast. Looking [OwJrd l'S 20 bridge over Cauish Creek from Point 2 on map.
.
Di::k I Pht}{O 13 EKing C:lSL LODling do\\nsrr-~:lm 3t C3rtlsh Creek towJ.fd US 20 tram Point 2 on m:lp.
.
.
1)l\k 1 I'hd(,l 14 F:t(il\~ cast. L'h\killg l!<ml\.;tn:alll.1l Catfish Creck toward US 20 rTOl11 Point J on map.
.
Disk I Photo 15 Facing wt:St. Looking upstn::lm :J.C Catfish Cn:ek from Point J on map.
.
.
Disk I Ph.)!,) I b EKing :--':onh. Frum Point 3 looking ;\[ low bench ;m:;J Jlld nonh bank of Cl[tish Creek.
.
.
Di~k I Photo 17 F:l..:ing south from Point -+ on n1Jp. LOt)king ;\Jong ditch th:lt parallels US 20 to Cattish
Cr~d;:.
.
Disk I PhUILl I S l~:!.:ing soulhc;\SI rrom Paim -+ un m~lp. Luoking (()w:![d Clllish Creek from ditch shown
in Di,k I PIll'(O 17.
.
Disk 2 Photo I Facing north looking along rht: direh. on (he t:::l.Sr sidt: of US 20 that Hows into Cattish
Creek.
.
.
Disk :2 Phoro:2 F:.King north (away from Cattish Cn:ck) from Poine 5 on map.
.
Disk 2. Pharo 3 Facing south tow:u-d Cattish cre~k from Point 5 on map.
.
.
Disk'" Phoro 4 F:lcing .:ast looking at Cattish Cre.:k from Point 5 011 Imp.
.
.
DI~k 2 Ph,Hl) 5 F:Jcil\:!,ou{h from Point 501\ m:lp. L"okin:; :Jcros.., Cutlsh Cre::'k. inro {he dr:linage channel
rh'k"\.! j{ P,Jin{ -! on lllap,
.
1 )1';" 2 I'hl'II'" 1:;k'lll:; ,\t:sc (1t'11I 1"'llIt ~ 1.1)\\l.;in~.1t l.'S 20 hriJ~t: Iller CJ(cIsh Cn:d:,
~/ (,
, , \
I
/ ..- ......
... "/ .~
.i , N . ~-,/
~ ... 0./
/.i)1'-.
,
I--'Y
/;/
//
-?
k
)( \~
. "\
' r---....-J
\ "
.) \
".
\J
..- -*
~'
,~
.... ,'"
, .-
...-:--. - . -) ,\'
~-~-' ~ \.
--
,~ ......
" .
-" ..
.
,. .'
.'
/
./' -.
f
// j' ~\z
/ ..~.
, r ..., \.t.. ."
./ \)\ .~'(
..' .' :~\. ). ./ ,/
~ ~, ,,'\..~/;/
~ .' \. ~ I
"-'
"'---_....-p ----
---
/"
.
",.
----.
,.
"-
')
/
-.....-.
....__~t
')
r'
(--_..? ,C.."-.;
...
--
\
"-
\
)
~."'/--""'..._-",. ,:'
,
'-",>,~
"
,
~ ,
.'",l
; \,
:;
,
\'''\.'''"'- /-.-...._...~
/"'-.. J
...
~., \. l
,; '~i' ,/
"'-".:.
// -".
\
,
,~.-_. ...-.....\. ./
'\ ~.:...~ - ~
A \
'\./ /' -.:l i'
/// ""', \
'/ 'J) ,
// . ,'" '"
. ....... I.
~ }'
-...; .I
...,.
.-.... .
\
\
\
Cj ::.
()...)
'. " ,- ~
\
'\
.' . \:~~..._'"
~, .' '\ \,
..//....., f'. " ,.'
/" " \ ":" ~\
, " P"
\\..' t,;
.. ,'..
. '--: '
;
"
,
,
,
(
f
f
,
I
r
. .
/. ,
'f:' ,;
l./
)
(
i
, J,
('/
/
"
/
, ,
,.-
,./"
/
,
,
-.---....
"
."-'-...-.,/'"
\,...
(if .
\.
\
"
,~'.
.jO
-. 0
" CO,
I',~
~ Ii"
~ ~;.
~ ."
r;ff/'//
,.:t -,'
: 0 - .'
"
, ,./ '.:t .,'
I'" Q/"
..., ,
0'
r...
[ . '- \'
" '~
(
')
/
) r\
( \ \
''7 >"\
:~~'\ \~;;' 0
~'\.,,/0~\
,/J .~ ,J
. l .
, ( ,
'I ....l '. "4
, , ~ ,
"''"1 1 . -0"
-)- . '( \ .og~\
. " ". Z ~ '.
". ' . ~ ~ -;i \\,'
- ~ ~:~\' \',;:-\~ '\
'j ,,,---.:;.--'> '<'" . -J, \.\ '\ \J
~ ,-' f ~ \,>,\"
'- ,,-:1',).,
\" ' -!..' ~.----...-> ',l \. I ; I
I ,\.
i / · I
{ \ {r-----J
~.
.
,
"
-'
i
J
f -
. .
,1/,\.
I.....
r. \
, ,
f
r
" ,
,
I. ·
/
.I
,~
~._......... .,.
......:.:.:.'>
..-/
,-
(
\
.;
f
i
(
\
"
)
/
I
~
t"
I-
W
W
lL.
z
;'
I
/
. .
':'- :
~ .
\..))
,/'
i
,.J
,..--,-
f
\
\
--..
.-.
'-'
, '
~. '
...
\
i.
j
!'/
"
.L
.-'\ ! .
~~ ~<S.'i <,/r~
, ~.~, . '-,~
'\ "'-. " ,\
~. '.-- /'\
\ ; . '.'
. '., (, "
,.'.~., :\ .(:i' \ -.. ,.\
-, .:, \
- ~. \ -. " " !
... n. \. ,....
Li ~ ' ' 1. \/
\ '\
\
)
'I
,./ \
,--I"'" ,..... :'
.f-j-) ,/
~~ I (/
i \." >, / .' .,~
\ /' \ '\ /.~</ \\
'-- ". '-......... / ,.-
; /" \"~'l --"'--...,.,./' ./ '~:'~
~ ClO "\.' .,/ ..,..,.-" .
, l' '-... . ~/
?L 1 \ \ ..........~.....<.~
. 'l '-.-.., - ,
( .(: .'" ~
........., "
,/--;
j
:-,-.,\
i
/
/
(
(/ -----
v'
~
~
w
" a.
r/ 0
\ ~a. O...-NM<:TIO-or-..
j ...-NM<:TIO-o~~~...-...-...-...-...-...-
r--./
r'/ /_..) "" j?, I ~..( \
\ '-) J .' I \,' . \ \..'-......,
\ \.., \ - . . ", ),' ~....,. '--..,,:.-
~r.-c( :~._~ J';' ~s z ( {~,.' "--~)'-~"\"
~ ,_ ~.... ! f "-
, " ". "'t-L .
" ,'~ '~.........--.. 0 .
\,' "'_' \' \ t'., _'--;.'\.. L"
l... ( i,/ \ ~ ~ '\.', ...."'.-
\_--. ';~ ) .- _'-..."'----\. \,"':"-;.-.~ ", ;~ /'
\ -:: ~ ~ .. r-'''' 'I- -:> /' "
---- \. V-'j ~ ~ ; ( /~~\'_--.::
\ )v~ L..-, c=: ,~ / /. t' .,.' ___
V\ \C:-\ {w i\ .' ~.~,~
! ,,' \
,I
/ .' - , .::' . Ii J // 't(", ....." c~
i......_ ~ ......; ~C":, #
........., , :' . /.--......... . ,i....,. Ci:' ".
----'.
\ .
! !
. .
)',
( {
\ ;
'"'-~' -.- -.-
1
I
.
,
" .
'.J
.
, ~~ . ~ ~!
---
"
"
\,
,
\
"
\
\
\
\ (/"'t ~
\.j ''\ CO
\- ~
~ ~0
."'~"~
Vl
,~
r-----. " w
/J ,/"7) Z
V / \ ~
" L..O
I
,
"
,.-
J,
'/
. ,
I
: ("
, I
I '
.1 ;)
t.
. ...-~ ::.~-
..af ,-- ~.,
r-~,
I ":
\ ""'~ J ...~ .. ,.i!
r-:;~'~'''' 'i
,If; " ~~_'.i~~-"\~:i
z
o ..
~ U
~ Z .
:tl-;;;I-I-I- J: Z
WW wwwZw Z
ZZ~ZZZOZ ~a1S c:t
>-~ .<t~C=:i=>-o/S....>! wo/S->I
~"'>"'''''''U~O'''''~ 'Q
..,;> :J'" W "
~I-a/Sa/Sa/S~ UJ:otX:: U
a/S .~ . . .I-a/Sgwa.~.... ~w
.c:twc:(c:(c:(Vl 'coZOJ:<tZ-'Z
~i~iii~~=~:nUOJ:w~
""~~~~~U""~:J~~Z~<t;:)
~ .. >-=" .. .. .. I- ~ .. w 5 w" ~ ,,0 w
~l-wl-l-l-~~W .. U Vl ..
a.lX....~~~c:ta.J:Vl "c:t'''~ "Vl
..wowww> "UW~....~W~W
w~~~~~;>~Vl~a.""W~O~c:(
~~~~~~~~~~:Jc:(~O~~~
UVlCOVlVlVlVlUa.I-U~t:;a.~....Z
----.,..
;.-......
\,
"-
"
\,
\~. '-:--'
>-
o
:J
I-
VI VI
I-
0-
w:E
Vl-
0""
a.~
Ow
~lX
a.c:(
Vl
~
w
Z
~
o_
w
~~
~c:(
WI-
a.
Ow
~w
a.~
"
.'\ 0
0J~~'/ ~
.5 ....
R>l
l2J8
, .
\"
" ,
....
U
~
J:
a.
c:(
~
~
o
.-
Oz
~Q
I-
95
~o
u.. ....
w
oc
~ :J
'i', ~
'!\.
~
,\\ "
~ I
.\
z
o
~tJ
ocZ
-<:J
--'0
>---.IN
0<
~ocU1
v>UJ:J
f-
oc
O<I
UJ f-
V>f--
o v> 5:
n..!t.l
0;> g
oc I 0
a... f- N
:J t"')
o ~
V>
.~
EJ
.'0
\
~'::
:J
(,)
-.
<:
\\
"
u
c.
o "
C
L
(lJ
(lJ
C
0'
C-'
w.
"-
a: \
0"-
:I: ' "
r,
':, i
'.\r \ . ','
. '7" \
\. ~.. "'.
. . \--...
\
"
./
-.'
.....
...
i
<...-- ,.
-~_........
..
",-,' '..
, "
----.. "., " '...~
~ .c~ ~
( ,
,
\,
. ,/,-
a/S
''\ "
....,
, . '-
'- '~'-:l:";
......-:. g \
/
.{ ~
.
!:..
--. ,",
.~:--"'\
,
'-
"
\'
~.
.'.VI:,
. \.
,4:
'1;,.
\.\
\ ~ \
,
\
1
,,~
LAW OFFICES OF
REYNOLDS & KENLINE, L.L.P.
LEO A. McCARTHY
DAVID L. CLEMENS
WILLIAM J. MAIERS
CHADWYN D. COX*
MARK J. SULLIVAN
JEFFREY L. WALTERS
PAULA M. STENLUND**
JENNIFER A. CLEMENS-CONLON
JOHNT. NEMMERS
TODD N. KLAPATAUSKAS***
SUITE 222 FISCHER BUILDING
P.O. BOX 239
DUBUQUE, IOWA 52004-0239
TELEPHONE: (319) 556-8000
FAX: (319) 556-8009
E-Mail:rkenline@mwci.net
. ALSO LICENSED IN MINNESOTA
.. ALSO LICENSED IN WISCONSIN AND ILLINOIS
'''ALSO LICENSED IN ILLINOIS
September 19, 2000
Supervisor Donna Smith
Dubuque County Board of Supervisors
Dubuque County Court House
720 Central Avenue
Dubuque, IA 52001
Q a
0
...+ '.l") :JJ
0.....,:: 1'1
c: -0 ill
r~ .."-' ,')
c: 0
...:J .'".'- :n
f/: ;::;. :;:::;
....,' 3: '-.,
)> 0 m
~ co 0
('s-
CD .r.-
....
The Honorable Terrance M. Duggan, Mayor
City Hall
50 West 13th Street
Dubuque, IA 52001-4864
Dear Supervisor Smith and Mayor Duggan:
RE: Northwest Arterial
Just a short follow-up on behalf of my client, the City
of Sageville. I previously copied you in on correspondence I sent
to Dick Kautz dated September 7, 2000. I have also had phone
conversations with each of you regarding that correspondence and
issues involving transfer of jurisdiction of the Northwest Arterial
and ongoing maintenance. The City of Sageville has asked that I
apprise the Dubuque County Board of Supervisors and the City of
Dubuque that Sageville's next City Council meeting will take place
on October 3, 2000, at 7:00 P.M. at the Pepsi-Cola plant. Dick
Kautz from IDOT will attend that meeting to address these matters.
f
~
LAW OFFICES OF
REYNOLDS & KENLINE, L.L.P.
2)
This is a public hearing. If either the Dubuque County Board of
Supervisors or the City of Dubuque wants to provide input regarding
roadway jurisdiction, future maintenance and 28E Agreements, the
City of Sageville would welcome your comments.
Sincerely,
~,
willia
Maiers
WJM/dms
cc: City of Sageville
Attention: Mayor Ralph Dean
11948 Sherrill Road
Dubuque, IA 52001
S,\WP8\DONNA\SAGEVILL\CORR\091900-SUPERVISORS AND MAYOR.wpd
,.
. 'EAST CENTRAL INTERGOVERNMENTAL ASSOCIATION
DUBUQUE METROPOLITAN AREA TRANSPORTATION STUDY
EASTERN IOWA REGIONAL HOUSING AUTHORI1Y
JOB TRAINING PROGRAMS (JTPA) (PJ) (WIW)
ECIA REGIONAL PLANNING AFFILIATION
E.C.I.A. BUSINESS GROWTH. INC.
o g
n..? (-
...J - c:
C r"'.
ST f'-.)
MEMORANDUM
DMATS Policy Board and Technical Advisory Committee
Stephen Williams, Senior Transportation Planner
July 19, 2000
(..~ I -
-.\..-.:. ""
~; Cf)~
:...- C)
)>:::;.;
(')"
CD
:0
i-n
'~
.-n
TO:
FROM:
DATE:
:0-
:J::
~?
......
fll
o
N
W
SUBJECT: Iowa DOT Commission Workshop on the IA 32 (Southwest Arterial)
Project
The Iowa DOT Commission conducted a workshop concerning the status of the IA 32
(Southwest Arterial) project on July 17) 2000. I was in Ames for a meeting with the Federal
Highway Administration on July 18 and so I decided to attend. All of the Commissioners
were in attendance. Iowa DOT staff was represented by Director Mark Wandro) Highway
Division Director Tom Cackler) Planning and Programming Division Director Denny Tice
and District #6 District Engineer Dick Kautz. In addition) DMA TS Vice Chair Supervisor
Donna Smith also chose to attend. Tom Cackler made the presentation on the IA 32 project
for Iowa DOT staff.
Wandro began the discussion by stating that the staff recognizes that the Commission will
not accept the IA 32 (Southwest Arterial) as proposed and that a process is needed to reach
a point where a new alignment location can be approved. Cackler then began the
presentation by stating that he would address three issues: 1) Schedule for the IA 32
(Southwest Arterial) project) 2) The status of IA 32 (Northwest Arterial)) 3) Activities the
Commission has approved on US 20.
In regard to the IA 32 (Southwest Arterial)) Cackler stated that at this point the
environmental assessment is done for the proposed B-1 alignment. What is needed is a
supplemental environmental assessment that addresses a new alignment whose north end
intersects US 20 at approximately Seippel Road. He stated that a supplemental
environmental assessment for the segment from North Cascade Road north to US 20 will
take approximately one year.
Commissioner Aller expressed continued concern regarding the impact of the proposed
alignment on the Mt. Olivet Cemetery and asked if the supplemental EA should address
alternative southern endpoints. Cackler said that the cemetery director would prefer no
impact on the cemetery at all. However) that the impacts of the other potential southern end
points were very severe. As a result) Cackler said that exploring additional mitigation
measures in the area around the cemetery was the best alternative. Depressing the road
below grade) adding buffer mounds and vegatation planting were all discussed as potential
options for mitigation. Aller stated that he would continue to look very carefully at the
Suite 330. Nesler Centre · P.O. Box 1140 · Dubuque. lA 52004-1140. (319)556-4166 · Fax (319)556-0348
E-Mail: ecia@mwcLnet
.--
, .
cemetery impacts and would not hesitate to vote against any proposal that involved
significant impact to the cemetery.
Cackler then moved on to discuss the existing IA 32 (Northwest Arterial). He stated that he
went to Dubuque to look at IA32 and was convinced that it would provide a reasonable
level of service for the expected future traffic demand. Cackler stated that he did not think
there was a need for a realignment of the IA 32 (Northwest Arterial) to the west as had
previously been discussed. He thought and local officials had told him that such a change
would present problems for the local area for land use planning and infrastructure. He also
stated that given the Commission preference for a IA 32 (Southwest Arterial) which
intersects US 20 at Seippel Rd. that he does not think the need exists now for IA 32
(Northwest Arterial) as a state route. He recommended that after Phase IV of the Northwest
Arterial is complete that it should be transferred back to the local jurisdictions. The
Commissioners stated that they agreed. Wandro restated that the staff would reopen
discussion of the Memorandum of Understanding and that the state would finish the
Northwest Arterial to US 52 and then transfer jurisdiction to the local governments. Wandro
stated that the state interest was in US 20 and IA 32 as a connector between two NHS
routes (US 20 and US 61/151).
Cackler then moved on to discuss issues related to US 20. He stated that the US 20 study
would be moving forward. He said it was clear that in the future an interchange would be
needed at US 20 and the Northwest Arterial. He showed the members of the Commission
preliminary drawings for interchanges proposed by HDR Engineering of Omaha. The
Commissioners asked about the level of business impact. Cackler and Kautz stated that it
would be greatly reduced. Cackler also stated that the staff was now considering a diamond
interchange at US 20/IA 32 (Southwest Arterial)/Seippel Road and that this would have less
impact than the system interchange previously proposed. Cackler told the Commission that a
letter had been sent at his direction by Dick Kautz to the City of Dubuque. This letter
requested that the city not approve anything which will impact the US 20 corridor in the area
around Seippel Road until the US 20 study and the supplemental EA for the IA 32
(Southwest Arterial) project are completed.
Cackler then asked Supervisor Smith and myself if we wanted to say anything. Supervisor
Smith stated that DMA TS and Iowa DOT had been moving forward cooperatively since
1993 based on the MOU and that the Northwest Arterial remained an important state route.
I stated that the transfer of jurisdiction for the Northwest Arterial to the three local
governments would be very difficult.
Director Wandro then summarized the Commissions direction to Iowa DOT staff: 1)
Reopen the MOU with local jurisdictions seeking transfer of jurisdiction of the Northwest
Arterial after it's completion. 2) Initiate the development of a supplemental Environmental
Assessment for the IA 32 (Southwest Arterial) project to examine western alignments that
connect to US 20 around Seippel Road.