Espresso Drive Thru Moo Java, L. Thompson
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MEMORANDUM
September 29,2005
TO:
The Honorable Mayor and City Council Members
FROM:
Michael C. Van Milligen, City Manager
SUBJECT: Espresso Drive Thru
There are a series of e-mails between the Iowa Department of Transportation, the City
of Dubuque Engineering Department and Espresso Drive Thru representatives.
The first e-mail is from Cathy Cutler of the Iowa Department of Transportation to Jerry
Anderson, an engineer representing Espresso Drive Thru, dated May 23,2005. In that
e-mail, lOOT acknowledges that "There are operational difficulties in this area now."
lOOT also asks, "Has the City reviewed and concurred with this proposal?" lOOT also
says, "As far as the impact of the proposed shop on the long range plans for U.S. 20,
there appears to be minimal impact."
In an August 17, 2005 e-mail from Bruce Chrystal of lOOT to City Engineer Gus
Psihoyos, it is stated, "Given the fact that the City will be the responsible party for any
improvements needed to the intersection if indeed operation problems arise due to the
traffic generated by the drive thru..." and goes on to say, "If indeed the City approves
the drive thru site plan and allows the business I will approve a Work on ROW permit
allowing construction within our ROW."
It is clear from these e-mails that lOOT acknowledges a current problem with traffic on
this City street that accesses Highway 20, and takes the position that any problems on
that City street are the financial obligation of the City of Dubuque, so if the City
approves this development, lOOT will also.
I believe the prudent thing to do in this situation is to require a traffic study.
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Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Gus Psi hoyos, City Engineer
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Message
Page 1 of 4
Gus Psihoyos
From: Chrystal, Bruce [DOT] [Bruce.Chrystal@dotiowa.gov]
Sent: Wednesday, August 17, 2005 10:36 AM
To: gpsihoyo@cityofdubuque.org
Cc: Schnoebelen, Jim [DOT]
Subject: FW: Espresso Drive Thru in Dubuque
Gus.
I received your letter of transmittal dated 8-10-05 with a copy of site plan for the proposed espresso drive thru.
Given the fact that the City will be the responsible party for any improvements needed to the intersection if indeed
operation problems arise do to the traffic generated by the drive thru and the guidance received form Dick and
Jim in the emails below my thoughts are as follows:
If indeed he city approves the drive thru site plan and allows the business I will approve a Work on ROW permit
allowing construction within our ROW. If indeed the City denies the request then it's a dead issue as far as the
Department is concerned.
If you have any questions please feel free to contact me.
Bruce
-----Original Message-----
From: Chrystal, Bruce [DOT]
Sent: Thursday, August 11, 2005 2:47 PM
To: Schnoebelen, Jim [DOT]
Subject: FW: Espresso Drive Thru in Dubuque
Per Ron's request I forwarded our emails to Gus. He (Ron) will update us if and when things progress.
FYI
Bruce
-----Orig i na I Message-----
From: Chrystal, Bruce [DOT]
Sent: Tuesday, August 09,20059:19 AM
To: Gus Psihoyos (gpsihoyo@cityofdubuque.org)
Subject: FW: Espresso Drive Thru in Dubuque
Per Ron Turners request. FYI
Bruce
-----Original Message-----
From: Kautz, Richard [DOT]
Sent: Monday, August 08,20052:54 PM
To: Chrystal, Bruce [DOT]
Cc: Schnoebelen, Jim [DOT]; Gourley, Arthur [DOT]
Subject: FW: Espresso Drive Thru in Dubuque
No correction needed.
-----Original Message-----
From: Schnoebelen, Jim [DOT]
Sent: Monday, August 08,20052:49 PM
Q /') Q /') 00"
Message
Page 2 of 4
To: Chrystal, Bruce [DOT]; Kautz, Richard [DOT)
Cc: Gourley, Arthur [DOT]
Subject: RE: Espresso Drive Thru in Dubuque
Dick can correct if something has come up that I'm not aware of, but the status should still be the same as on
June 1 st. We essentially have told the City a right turn does not provide an improvement to the Level of
Service so we weren't too interested in going forward with any improvements. Improvements would include
relocating the frontage road, making it too costly of a project for one that provides little apparent benefit.
Jim Schnoebelen, P.E.
Assistant District Engineer, District 6
319-364-0235
-----Original Message-----
From: Chrystal, Bruce [DOT]
Sent: Monday, August 08,20052:10 PM
To: Schnoebelen, Jim [DOT]; Kautz, Richard [DOT]
Cc: Gourley, Arthur [DOT]
Subject: FW: Espresso Drive Thru in Dubuque
I spoke with Ron Turner today and he has received word that the STATE has requested the City to buyout DOG
for the purpose of an intersection improvement project at Crescent Ridge.lf that is true the City would deny the
request for drive thru. If not true then the city would allow approve the request and approve a site plan.
The last piece of correspondence I have concerning this issue is a email from Dick to Art dated June 1 st which
indicates nothing about buying the station, suggests other possible solutions, and notes that it is the City's
responsibility to address per permit stipulations 6-3038.
Before I respond to Ron can you give me any updates concerning this issue??? The City is requesting a meeting
with all parties involved and if indeed there are plans to modify the intersection then I may not be the best suited
person to attend that meeting. However, if that was a misunderstanding and no project is eminent then I will
attend and proceed with the permitting process if requested.
Please review and advise.
Bruce
-----Original Message-----
From: Chrystal, Bruce [DOT]
Sent: Tuesday, June 07,20053:39 PM
To: Gourley, Arthur [DOT]
Cc: Kautz, Richard [DOT]; Schnoebelen, Jim [DOT); Dean, Frederick [DOT]; Hofer, Brad [DOTj
Subject: RE: Espresso Drive Thru in Dubuque
I met on site with the following people involved in this proposal to discuss the possibility of allowing the drive thru.
1. Ron Turner-City of DBQ.
2. Jeff Streintz-DDG owner
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Message
Page 3 of 4
3. Jerry Anderson- Engineering designer firm owner
4. Loretta Thompson- person who is proposing the business
The following is a brief summary of that meeting.
1. The business would sell three sizes of espresso coffee ( and that is it) ranging in price from $3.00 to $3.75
depending on the size of the cup
2. The building would be a 8' x 16' building placed on a concrete slab. Obviously not mobile but far from being
what would be considered a major building site.
3. Projected customer count would be between 50 and 100 per day. Hours of business would be between 6:30
a.m. and 6:00 p.m. during the week, with shorter hours for the weekend being assumed.
4. The area of land is a separate platted lot which would be subleased to Loretta from DDG.
5. Ron Turner ( City of Dubuque) believes it will take a variance of the standard 20' setback in order for
the building to be allowed unless they can move it back further. The designer will look into that.
6. The City has some concerns that the added traffic going into the Wal-Mart parking lot may have to be approved
by Wal-Mart.
It was decided that the applicant should submit a m~iQLsite plan to the City for review. IF the City gives approval
to the plan then we will be asked review the proposal and if acceptable issue permits allowing access from the
frontage road.
FYI for now.
Bruce
-----Original Message-----
From: Cutler, Catherine [DOT]
Sent: Monday, May 23,20054:22 PM
To: 'Janjanderson@aol.com'
Cc: Kautz, Richard [DOT]; Schnoebelen, Jim [DOT]; Dean, Frederick [DOT]; Hofer, Brad [DOT]; Gourley,
Arthur [DOT]; Chrystal, Bruce [DOT]
Subject: RE: Expresso Drive Thru in Dubuque
Jerry: I have forwarded on your sketch to our Staff Engineer, Art Gourley at the Dyersville office.
He has some comments about the proposal:
. This will very likely put more traffic on the frontage road and within the intersection
of this frontage road and Wal-Mart Drive. There are operational difficulties in this area
now.
. It appears from the drawing that improvements are proposed with regard to
access. The access(es) and the improvements within state highway right of way would
require a permit.
. It appears from the drawing that the proposed building is within state highway right
of way~ -
. Has the City reviewed and concurred with this proposal?
I would advise as your next step to visit with Art and also Bruce Chrystal, of the same office, who
would be handling any permits, at our Dyersville office. You can reach them at 563-875-2375.
. .
As far as the impact of the proposed shop on the long range plans for U.S. 20, there appears to be
minimal impact.
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Message
Page 4 of 4
Sincerely,
Cathy Cutler
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Message
Page 1 of 2
Gus Psihoyos
From: Schnoebelen, Jim [DOT] [Jim.Schnoebelen@dotiowa.gov]
Sent: Tuesday, September 20,20053:14 PM
To: Psihoyos Gus
Cc: Chrystal, Bruce [DOT]
Subject: FW: Espresso drive-thru in Dubuque
Gus,
A heads up on the expresso drive issue. Please call to discuss if you have any questions.
Jim Schnoebelen, P.E.
Assistant District Engineer, District 6
319-364-0235
-----Original Message-----
From: Schnoebelen, Jim [DOT]
Sent: Tuesday, September 20,20053:13 PM
To: 'Loretta Thompson'
Subject: RE: Espresso drive-thru in Dubuque
Loretta,
I told Jerry I thought I had sent you an e-mail with Iowa DOT's thoughts about the site development, but looking
back we had just had a phone conversation. In lieu of providing you with e-mails between the Iowa DOT and the
City, I would rather confirm what we discussed in that conversation last week.
We discussed that I did not think there was anything that the City should be waiting on from us. Also, that
although we had not really seen a traffic analysis, it did not appear the cafe would cause significant traffic impacts
to U.S. 20. However, I did let you know that we would need to review the access design. For example, it appears
the rough site plan didn't address the connection to the existing frontage road to the west. I stated that typically
the City would review and approve and the application prior to our approval and that most likely if the City did not
approve it, we would not approve it either.
I told you to work with Bruce Chrystal on the application process for the Iowa DOT.
Please let me know if there is anything other information you need from the Iowa DOT.
Jim Schnoebelen, P.E.
Assistant District Engineer, District 6
319-364-0235-
-----Orig i na I Message-----
From: Loretta Thompson [mailto:moojavainc@yahoo.com]
Sent: Tuesd~, September 20,20052:56 PM
To: Schnoebelen, Jim [DOT]
Subject: Espresso drive-thru in Dubuque
Hi Jim,
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Message
Page 2 of 2
I just got off the phone with Jerry Anderson, my architect, and I would greatly appreciate any copies
of e-mails that you sent to Gus.
Gus called me last week and he said they would have a meeting about my site plan yesterday, (Monday
the 19th) and that he would have an answer for me also. Well, today is Tuesday and I didn't hear
anything so I called Mike Van Milligen, (city mgr.) and he didn't know anything about a meeting
yesterday. He said he would look into it and get back to me by the end of the week.
I am so tired of getting the run around from Gus and that is why I would appreciate any e-mails you can
send me.
thank you for all your help,
Loretta Thompson
Moo Java Inc.
563-542-5779
Yahoo! for Good
Click here to donate to the Hurricane Katrina reliefeffort.
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City of Dubuque
Engineering
50. W. 13th Street
Dubuque, IA 52001
(563) 589-4270
(563) 589-4205 FAX
September 23, 2005
Ms. Loretta Thompson
5535 Rockdale Road
Potosi, WI 53820
RE: Expresso Drive-thru
Dear Ms. Thompson:
This letter is a follow-up to previous conversations with Jerry Anderson, yourself and
various engineers at the Iowa Department of Transportation concerning additional
development at 3430 Dodge Street adjacent to Dubuque Discount Gas. As you recall
from the on site meeting held on June 7, 2005, the City had concerns about the traffic
congestion at the intersection of Dodge S1. (Hwy20) and Crescent Ridge. The letter
engineering received from Jerry Anderson Design and Consulting, Inc. dated August 3,
2005 clarified some issues concerning proposed traffic as it related to the opening of
Dubuque Discount Gas. Even though this information from Jerry Anderson indicates
that the traffic to Dubuque Discount Gas has decreased, it does not show the possible
impacts to the traffic at this intersection now that Walmart is now a Superstore and the
general increase in traffic on Highway 20.
Upon further discussions with traffic engineers and field observations of traffic patterns
at the intersection, the City feels more detailed information concerning the proposed
development is warranted. The City hereby requests the following information:
1. A complete traffic study of the frontage road along U.S. 20 at Crescent Ridge.
Included in the report shall be existing and proposed peak hourly traffic
counts, levels of service of this intersection (including frontage road) for both
a.m. and p.m. peak trip generation.
2. Indicate on the site plan the location of the Walmart roadway at the westerly
side of the lot and the improvements that will be necessary to connect it to the
frontage road near the proposed drive into the Expresso entrance.
3. Add existing and proposed elevations and gradients to indicate runoff
patterns along the entire area west of the present building. .
4.. Revise the approach slabs (driveway between the existing frontage road and
the property line) to include curbing to delineate drive verses parkway areas.
5. Indicate the removal of gravel along the existing frontage between the
........
frontage road and property line (parkway) and replace it with topsoil and
seed ing/sodding.
6. Indicate erosion control measures for pre and post construction.
7. Calculate the additional storm water runoff and address how it will be
managed.
8. Note the impervious and pervious area of the site on the plan.
9. The items attached in the site plan review letter dated July 18, 2005 need to
be addressed.
The above information will allow the City to better analyze the affect of your proposal
and give the City data to make a decision in this matter.
Sincerely,
/] )
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Gus Psi hoyos, City Engineer
Attachment
cc: Michael C. Van Milligen, City Manager
Cindy Steinhauser, Assistant City Engineer
Barry Lindahl, Corporation Counsel
Kyle Kritz, Associate Planner
Ron J. Turner, P.L.S.
Planning Services Deparhnent
Oty Hall
50 West 13th Street
Dubuque. Iowa 52001-4864
(563) 58~10 office
(563) 5894221 fax
(563) 690-6678 TOO
planning@cityofdubuque.org
www.cityofdubuque.org
THECnYOF 0
DUB~UE
~~~
SITE PLAN REVIEW
July 18, 2005
Applicant: Loretta Thompson
Address: 5535 Rockdale Road, Potosi WI 53820
Project Location: Espresso Drive- Thru, 4110 Dodge Street
The above referenced site plan dated July 5, 2005 and submitted on July 6, 2005 has
been reviewed and 6 copies should be resubmitted to the Planning Services
Department, to address the following, concerns:
1) The following comments were received from the Planning Services
Department. Please contact Kyle Kritz at 589-4210 if you have any questions.
a) Does the submitted site plan include ~y property currently owned by
lOOT?
b) Parking space(s) need to be provided for employee(s). Please revised plan
and indicate number of employees on maximum shift.
c) Locations of new pole-mounted outdoor lights (if any). All outdoor lights,
including wall-mounted, must use cut-off light fixtures.
d) Will there be a garage dumpster? If so, provide enclosure with latchable
gate.
2) The following comments were received from the Engineering Department.
Please contact Ron Tumer at 589-4270 if you have any questions.
a) Engineering comments to follow separately.
Servia
People
integrity
Responsibility
innovation
Teamwon
Site Plan Review - Espresso Drive- Thru
July 18, 2005
Page 2
3) The following comments were received from the Water Department. Please
contact Brant Schueller at 589-4305 if you have any questions.
a) Please review attached comments from Brant Schueller.
4) The following comments were received from the Fire'Department. Please
contact Scott Neyens at 589-4160 if you have any questions.
a) No comments.
5) The following comments were received from the Building Department. Please
contact Rich Russell at 589-4150 if you have any qu~ons.
a) No comments.
NOTE: 1be above comments are a result of staff's review of your submitted site plCUL
The Building Services Department still must review all structural designs for
compliance with Building Codes.
If you have any questions or issues that you wish to discuss, please contac:t:~le Kritz
at 563/589-4210. He will put you in contact with the appropriate staff person <or set up
a meeting with the appropriate department(s).
~~it:=
THECrrYOF ~,
DUBUfjuE
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CITY OF DUBUQUE, IOWA.
. .
. ~ . . .
MEMORANDUM
TO: Kyle Kritz, Planning Department
FROM: Brant Schueller, Water Distributi~n~~S .
SUBJECT: Espresso Drive Thru - HWY. 20 - Site Plan (Dubuque Discount Gas)
DISCUSSION:
July 14, 2005
1. Domestic water service / Fire Protection System are required to have an approved Cross
Connection Control Device installed per UPC Section 603 2~ 7. Type of device will be
determined by the degree of hazard. Upon installation a test report by a certified backflow
assembly tester shall be submitted to the City of Dubuque Water Department-at 505
Adams Street, Dubuque, Iowa 52001 prior to the occupancy of this building. The primary
contact person for the City of Dubuque Water Department is Brant Schueller, (563) 589-
4305.
2. Plan looks good to go.
If you should have any questions regarding this matter, please call me at 589-4305.
cc: Bob Green, Water Department Manager
File
,.
I · ANDERSON
. . @ill Design & Consulting, Inc.
Architectural & Engineering Design,
169 Main St. P.O. Box 735 Dubuque IA 52004-0735 Tel: 563-582-7241 Fax: 563-582-7243 Emai1: janjanderson@ao1.com
August3,200Jf~
Ron Turner
Engineering Dept.
City of Dubuque
13th & Iowa Streets
Dubuque, IA 52001
RE: Espresso Drive- Thru site plan
Dear Ron:
On June 7, 2005, Bruce Crystal, Ron Turner, Jeff Streinz, Loretta Thompson, and I met at the
potential site of the Espresso Drive-Thru on the West end of the Dubuque Discount Gas
property. JeffStreinz spoke about the traffic flow thru his facility. Dubuque Discount Gas had a
count of approximately 1250 cars per day in 1998 and has now settled down to an average of
about 725 per day. Jeff Streinz stated that that number has been steady for several years and that
they have not experienced many difficult traffic situations over that period.
Loretta Thompson estimates that an average of 100 cars per day will provide sufficient income
for the Espresso Drive- Thru to be viable. She worked with Terry Sullivan prior to moving
forward with this project. Based on his estimations, there would be between 100 and 200 cars per
day in the beginning months, which would then reduce to between 50 and 100 cars per day.
If you have any questions, please feel free to contact me.
Sincerely,
Jerry Anderson
President/General Manager
JA:jw
SEP-25-2005 09:53A FROM:
TO: 5890890
P: 1/1
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Loretta "lbompson
Moo Java Inc.
6335 Chucks Court
Pcosta IA 52068
Sept. 26. 2005
Dear Jean Schneider,
T would like to addn;.~ the City Council on October 3, 2005 conccming my proposed
location behind Dubuque Discount Gas by Wal-Mart.
The city manager and the engineering department have requested a uaffi.c study to be
done on my proposed location and I do not agree wilh their dceisiOD~
Please let me know by e..mail or my cell pbone if l"m on the agenda and any requirements
1 should know about ooncaning time allowed, etc.
Cell: 563-542.5779
F.-mwl: moojavainc@yahuo.com
Sincerely.
~~~
T.oretta Thompson
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:l13
Jeanne Schneider
From: Loretta Thompson [moojavainc@yahoo,com]
Sent: Tuesday, September 20,20055:18 PM
To: amichalski@cityofdubuque.org; ctymgr@cityofdubuque.org; dnicholson@cityofdubuque.org;
jconnors63@mchsi.com; jmarkham@comerenergy.com; jschneid@cityofdubuque.org;
pcline@cityofdubuque.org; rbuol1@mchsLcom
Cc: Jerry Anderson; Keith Thompson
Subject: Fwd: RE: Espresso drive-thru in Dubuque
Hi Mayor Duggan, Mr. Van Milligen & City Council Members,
I'm sure you're tired of hearing from me by now and believe me I am tired of complaining about it!
Maybe if you would put yourselves in my shoes you would understand my situation. I am just a small
business person trying to put in a business and I feel like I am hitting a brick wall with your engineering
dept.
I don't appreciate being lied to by the engineering department. Gus told us that they were requiring a
traffic study because the DOT still had concerns about our site location. The DOT have told me that they
have sent Gus numerous e-mails regarding their position and they have told him they have no issues
with our site.
I received the following e-mail today from Jim with the DOT, he is the number 2 in command for this
region. You can read his comments and you can either call him or Bruce Chrystal to verify that Gus is
not telling the truth.
This is the most ridiculous situation I have ever been in! Why is it so hard to get the engineering dept. to
make a decision without blaming it on someone else?
The traffic study idea is the most absurd idea I have ever heard. Wal-Mart has thousands of customers a
day and every day the number of customers is different and different by thousands of customers
depending upon weather, sale, or time of day. It doesn't make sense for me to pay to have a traffic study
done for the possibility of adding another 100-150 vehicles in there a day when Wal-Mart varies by
thousands per day!! ! !
I have told my story to many people and they just can't believe the way I'm being treated! My attorney,
my accountant, my architect, and my banker told me to go to the top with it but so far that doesn't look
like that's going to help. I don't think I'm ever going to get a straight answer.
Sincerely waiting,
Loretta Thompson
Moo Java Inc.
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Message
Pag-el of 2
Jeanne Schneider
From: Schnoebelen, Jim [DOT] [Jim.Schnoebelen@dotiowa.gov]
Sent: Tuesday, September 20,20053:13 PM
To: Loretta Thompson
Subject: RE: Espresso drive-thru in Dubuque
Loretta.
I told Jerry I thought I had sent you an e-mail with Iowa DOT's thoughts about the site development, but looking
back we had just had a phone conversation In lieu of providing you with e-mails between the Iowa DOT and the
City, I would rather confirm what we discussed in that conversation last week.
We discussed that I did not think there was anything that the City should be waiting on from us. Also, that
although we had not really seen a traffic analysis, it did not appear the cafe would cause significant traffic impacts
to U.S. 20. However, I did let you know that we would need to review the access design. For example, it appears
the rough site plan didn't address the connection to the existing frontage road to the west I stated that typically
the City would review and approve and the application prior to our approval and that most likely if the City did not
approve it, we would not approve it either.
I told you to work with Bruce Chrystal on the application process for the Iowa DOT.
Please let me know if there is anything other information you need from the Iowa DOT.
Jim Schnoebelen, P.E.
Assistant District Engineer, District 6
319-364-0235
----Original Message-----
From: Loretta Thompson [mailto:moojavainc@yahoo.com]
Sent: Tuesday, September 20, 2005 2:56 PM
To: Schnoebelen, Jim [DOT]
SUbject: Espresso drive-thru in Dubuque
Hi Jim,
I just got off the phone with Jerry Anderson, my architect, and I would greatly appreciate any copies
of e-mails that you sent to Gus.
Gus called me last week and he said they would have a meeting about my site plan yesterday, (Monday
the 19th) and that he would have an answer for me also. Well, today is Tuesday and I didn't hear
anything so I called Mike Van Milligen, (city mgr.) and he didn't know anything about a meeting
yesterday. He said he would look into it and get back to me by the end of the week.
I am so tired of getting the run around from Gus and that is why I would appreciate any e-mails you can
send me.
thank you for all your help,
Loretta Thompson
Moo Java Inc.
563-542-5779
09/22/2005
SEP-30-2005 09:24A FROM:
TO: 5890890
Loretta Thumps(ln
Moo Java Inc.
6335 Chucks Court
Peosta IA 52068
Sept. 30. 2005
Dear Jeanne Schneider,
I would like to have my issue tabled to October 17, 2005 concerning my proposed
,location behind Dubuque Discount Gas by Wal-Mm
I would like to wait until all city council members can be present for the meeting.
Sincerely,
.Jo,-l <7:' --)
(-./,)et1Jj;) /i)~
Loretta Thompson
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