Spiegel - River Pointe Development Project
RIVER POINTE DEVELOPMENT, LLC.
P.O. BOX 50
PEOSTA,IA 52068
To: City of Dubuque
Mayor Buol and City Council Members
Re: January 3, 2006 City Council Meeting
On behalf of A.J. Spiegel and River Pointe Development, LLC. I, George Murphy,
respectfully request the 2nd reading for the River Pointe PUD be tabled from the
January 3,2006 meeting to the January 17, 2006 meeting.
This will allow River Pointe time to address all the questions and concerns the
Mayor and City Council members have in regards to this project.
Thank you,
~~
George Murphy
Project Manager
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December 23,2005
Dear City Council members:
Please consider the suggested possibilities of actions and decisions which might be
considered in making your decision on the Spielberg development proposal as it now
stands:
+ Has thought been given to the possible devastation to the St. Raphael Cathedral and
property if extensive excavation would occur by providing an underground parking lot
for the use of the residents of the high-rise condominium and those employed? Will a
REPUTABLE firm be involved in making a reliable estimate of the risks involved and of
law suits that may ensue?
+ The suggestion had been made of converting this acreage into a city park .Would this
be possible? Might the city purchase this property from the present owner? If such
action were taken, traffic of visitors might be controlled by-
· By using local city buses already giving service on the Red Line, and having a
· Shuttle bus service into such a park, AND/OR providing trolley service;
. Entrance fees for vehicles might be required as is done for Eagle Point park.
A compromise plan also might be a combination plan for a small park with a set-back
fewer-storied condominium structure.
+ Local citizens seem deeply concerned about the traffic control should the project
receive approval. Hopefully, this will receive ADEQUATE and RELIABLE study.
Thank you for the attention you will give to the previous suggestions.
Sincerely,
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MEMORANDUM
December 28, 2005
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: River Pointe Development
Attached are the questions that were sent to A.J. Spiegel for the January 3, 2006 public
hearing on the River Pointe Development.
"'1.} ~ ;ZL~
Mic ael C. Van 1V11111gen
-----
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Laura Carstens, Planning Services Manager
Gus Psihoyos, City Engineer
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MEMORANDUM
December 22, 2005
TO: Michael C. Van Milligen, City Manager
FROM: Laura Carstens, Planning Services Manager-F
SUBJECT: River Pointe PUD - City questions
Enclosed as you requested is information on questions from City Council members and
staff regarding the rezoning request filed by A. J. Spiegel for River Pointe PUD (Planned
Unit Development). Current and incoming City Council members were contacted
regarding this PUD proposal.
Enclosures include the following:
~ A letter to A. J. Spiegel from Associate Planner Kyle Kritz dated December 21, 2005
that transmits questions from City Council members regarding the PUD request, as
requested.
~ Questions provided by individual City Council members in writing or verbally to City
staff as indicated in the enclosures.
~ Questions from City staff.
Please note that not all City Council members had questions regarding the River Pointe
PUD.
LC/mkr
Enclosures
cc: Barry Lindahl, Corporation Counsel
Kyle Kritz, Associate Planner
Gus Psihoyos, City Engineer
THE CITY OF
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Plaruting Services Department
City Hall
50 West 13th Street
Dubuque, Iowa 52001-4864
(563) 589-4210 office
(563) 589-4221 fax
(563) 690-6678 TDD
planning@cityofdubuque.org
~ck~
December 21, 2005
A.J. Spiegel
River Pointe Development, LLC
8650 Enterprise Drive
Peosta IA 52068
Dear Mr. Spiegel:
This letter provides the questions from City Council members regarding your proposed
River Pointe Development on Kelly's Bluff. I have broken the questions down into
three primary categories - traffic, geology, and project scale. Questions that didn't fall
into those categories were grouped under "other."
TRAFFIC
~ Provide additional information on the impact of the project's traffic on intersection
of Hill and 3rd Streets.
~ How much will each of the improvements identified in the traffic study cost and
who is going to pay for each of those improvements?
~ During construction phase, please discuss the traffic of trucks in and out of the
property. How disruptive will this be to the neighbors? Which route will be used?
~ Can any improvements be made to Cardiff Street to handle the traffic that will use
it?
~ Can the alleys be improved to allow parking off the alleys?
~ The overriding concern is traffic! I really like and respect Tony Zelinskas, but I am
simply not convinced that the traffic study is accurate. I don't care what the
statistical studies say. I'm up there all the time at all hours and what is in the
report is not in my experience!! Why was 3rd and Hill Street not included? Why
was the really substandard street that everyone in Dubuque knows as 3rd to be not
addressed? Why is the Cardiff situation not being addressed? Why is no one
acknowledging that this project will add over 250 residences to a less than 14-acre
site, in an area that already experiences difficult traffic situations?
GEOLOGY
~ How much underground testing (if any) has been done on project site?
Service
People
Integrity
Responsibility
Innovation
Teamwork
Letter to A.J. Spiegel
December 21, 2005
Page 2
>> How much rock will have to be removed on edges of project site to construct
underground parking structures?
>> Can rock removal be accomplished by sawing?
>> If blasting is to be used, how will adjacent properties be protected from damage?
>> How will the stability of the bluff be protected and monitored during construction.
>> Will there be blasting in the construction process?
>> What will be done to avoid a negative impact on the homes in the area from the
construction practices - i.e., blasting, excavation of rock, etc.?
>> Regarding blasting at the site, how much will this affect the adjacent properties
with noise, dust, shaking of their homes or land? How many days of potential
blasting?
>> I am concerned that the development will go to the very front of the bluff (see
above). This is where the bluffs are most fragile (see the current bluff study from
the Eagle Point project). Mercy is on a bluff, as are Mount Carmel and other
major Dubuque buildings, but they are built well back from the tip and on, I think,
more secure soil.
>> I have heard Mr. Spiegel's assurances that Terracon will be doing soil studies.
Will this be the same protocol as was used at Eagle Point Park? There the
damage was done before the studies were completed. Limestone is not granite
and cannot be treated as if it were.
PROJECT SCALE
>> Can the scale of the project be reduced in height or number of dwellings? If not,
why not?
>> A computer generated model of what the completed project will look like from the
bridge, Port of Dubuque, and other areas would be helpful. Is this possible at this
point?
>> I have what I believe are legitimate concerns regarding the height and number of
stories. The modifications already made help, and I realize the motive for making
these buildings so tall, but the buildings' height seems totally out of proportion to
the size and the conformation of the bluff.
>> The size and bulk of the buildings I find inappropriate and offensive. Located as
they are to the very front of the bluff, they are overwhelming. I do not believe that
good architectural practice counts "overwhelming" or "monster" as a good
principle.
Letter to A.J. Spiegel
December 21, 2005
Page 3
~ As he did at the north bluff, Mr. Spiegel is, I believe, overbuilding the lot. This will
result in a number of problems related to traffic, storm water control, erosion, and
even safety.
~ Unlike some of the protestors to the project, I do not believe that the project is
overly dense. Good urban planning favors a considerable degree of density. If
the buildings were attractive and fit well into the amount of land available, I would
not have any questions about density, except for the related traffic issues.
OTHER
~ How can we be assured that local labor will be used in this project, if approved?
~ The issue of burial grounds has been raised. What needs to be done to address
this concern?
~ The condo that will be built closest to Mr. Nagel's property, how far away will your
condos be from his property?
~ I know that "aesthetics" has become a dirty word, but "the character of the district"
is a legitimate concern as is "the peculiar suitability of such area for a particular
use" not to speak of "...the most appropriate use of land throughout such city."
The look of our buildings is uniquely important in Dubuque. I am not one who
says that buildings built in the 20th century should look like buildings from the 18th
century, but harmony and integrity are extremely important architectural and
development principles and should not be ignored.
~ I will expect a more specific commitment from Mr. Spiegel and staff in regard to
storm water and erosion control. General reassurance that "everything will be
fine" is not enough.
Please be prepared to provide responses to these questions for the City Council
meeting on Tuesday, January 3, 2006. Written information for the Council packet will
need to be submitted by noon on Wednesday, December 28, 2005. If you have any
questions, please feel free to contact me at 589-4210.
Sine:;;, 1 ~
Kyle L. Kritz 17'
Associate Planner
KLKlmkr
cc: Mike Van Milligen, City Manager
Laura Carstens, Planning Services Manager
Gus Psihoyos, City Engineer
COpy
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January 30, 2003
Ms. Laura Carstens, City Planner
City Hall - Planning Department
50 West 13th Street
Dubuque,IA 52001
Re: Zoning Reclassification Public Hearings
Dear Laura:
I have recently provided you with an opinion that comments from the public at a
public hearing on a zoning reclassification before the Zoning Advisory
Commission should be germane or relevant to the zoning reclassification. You
have now asked us for guidance on the question of what comments would be
germane or relevant.
The best way to answer that question is to review the ba!'lis for zoning regulations
set out in Iowa Code Chapter 414. Iowa Code S 414.1 provides that a city is
empowered to regulate and restrict the following:
. the height, number of stories,
. the size of buildings and other structures,
. the percentage of lot that may be occupied,
. the size of yards, courts, and other open spaces,
. the density of population, and
. the location and use of buildings, structures, and land for trade, industry,
residence, or other purposes.
The purpose for such regulations, as set out in the statute, is for "promoting the
health, safety, morals, or the general welfare of the community or for the purpose
of preserving historically significant areas of the community."
Under Iowa Code S 414.2, the city council may divide the city into districts and
within such districts, it may regulate and restrict the erection, construction,
reconstruction, alteration, repair, or use of buildings, structures, or land, again for
the purpose of promoting the health, safety, morals, or the general welfare of the
community or for the purpose of preserving historically significant areas of the
community.
Under Iowa Code ~ 414.3, the regulations must be made in accordance with the
comprehensive plan and designed to:
. preserve the availability of agricultural land;
___. consider the protection of soil from wind and water erosion;
~. encourage efficient urban development patterns;
. lessen congestion in the street;
. secure safety from fire, flood, panic, and other dangers;
. promote health and the general welfare;
. provide adequate light and air;
. prevent the overcrowding of land;
. avoid undue concentration of population;
. promote the conservation of energy resources;
. promote reasonable access to solar energy; and
_. facilitate the adequate provision of transportation, water, sewerage,
schools, parks, and other public requirements.
The statute provides further that such regulations shall be made, "with
reasonable consideration, among other things," to the following:
..... The character of the area of the district
=. The peculiar suitability of such area for particular uses, and
__. With a view to conserving the value of buildings and encouraging the
most appropriate use of land throughout such city.
In our opinion, public comments that relate to any of these purposes and
considerations would be germane or relevant to a zoning reclassification issue.
Very sincerely,
Barry A. Lindahl, Esq.
Corporation Counsel
BAUls
cc: Mayor and City Council Members
Michael Van Milligen, City Manager
Eugene Bird, Chairperson, Zoning Advisory Commission
Kyle Kritz, Associate Planner
QUESTIONS FROM COUNCIL MEMBER PAT CLINE:
(As provided to Mike Van Milligen over the phone 12/20/05)
~ Will there be blasting in the construction process?
~ What will be done to avoid a negative impact on the homes in the area from the
construction practices - i.e., blasting, excavation of rock, etc.?
~ Can any improvements be made to Cardiff Street to handle the traffic that will use
it?
~ Can the alleys be improved to allow parking off the alleys?
QUESTIONS FROM COUNCil MEMBER DAN NICHOLSON:
(As provided to Kyle Kritz over the phone 12/20/05)
~ Has any underground testing been completed?
~ How much rock will have to be removed along edge of bluff where parking garages
will be constructed?
~ Can rock removal be accomplished by sawing?
QUESTIONS FROM COUNCIL MEMBER JOHN MARKHAM:
(As provided to Kyle Kritz over the phone 12/20/05)
~ How will blasting be accomplished and impact to adjacent property.
~ Impact of project traffic on West 3rd and Hill Streets.
~ Depth of rock that has to be removed to construct underground parking and it
impact on bluff stability.
QUESTIONS FROM COUNCIL MEMBER KARLA BRAIG:
(As provided to Kyle Kritz over the phone 12/20/05)
~ Can scale of project be reduced to eight stories? If not, why?
~ How can we be assured that local labor will be used in this project, if approved?
QUESTIONS FROM MA VOR-ELECT ROV BUOL
(As provide to Kyle Kritz over the phone 12/20/05)
~ Impact of addition traffic on intersection of W. 3'd Street and Hill Street.
~ Is there any ability to compromise on scale of project?
QUESTIONS FROM CITY STAFF:
~ How much would each of the improvements cost that are identified in the traffic
study?
~ Who is going to pay for each of these improvements?
Questions for Mr. SDieoel
1) Regarding blasting at the site: How much will this affect the adjacent properties with
noise, dust, shaking oftheir homes or land? How many days of potential blasting?
2) The issue of Burial Grounds has been raised. What needs to be done to address this
concem?
3) The condo that will be buill closest to Mr. Nagel's property, how far away will your Cl>ndo
be from his property?
4) During construction phase, please discuss the traffic of trucks in and out oftheproperty.
How disruptive will this be to the neighbors? Which route will be used?
5) A computer generated model of what the completed project will look like from the bridge,
Port of Dubuque, and other areas would be helpful. Is this possible at this point?
Questions for the Citv
Many people spoke ofthe traffic concerns. Even if Mr. Spiegel didn't build his develoPlJlent,
it seems like we already. have a problem in the area, especially at Third & Hill and also
Langworthy & Hill. Any plans to alleviate some of the congestipn in this area?
Joyce COAj1ors
J co nllors63,'Q) mclisi .com
582-3843 (hpme)
556-2580 (wprk)
Questions from Ann Michalski
I have reviewed a letter from Barry Lindahl to Laura Carstens dated January 20, 2003 and
copied to the City Council. In it Barry summarized the Iowa Code regarding zoning
classification and reclassification. I attach a copy of this letter, not because you are not
familiar with it (I'm sure you are!) but to show you the source of most of my concerns
and questions. In addition, I have a few concerns that arise from Mr. Spiegel's other
bluff project.
CllhcerhS
1. I have what I believe are legitimate,(egarding the height and the number of
stories. The modifications already made/help - and I realize the motive for
making these building so tall - but the buildings' height seemitotally out of
proportion to the size and the conformation of the bluff.
2. The size and bulk of the buildings I find inappropriate and offensive. Located as
they are to the very front of the bluff, they are overwhelming. I do not believe
that good architectural practice counts "overwhelming" or "monster" as a good
principle.
3. As he did at the north bluff, Mr. Spiegel is, I believe, overbuilding the lot. This
will result in a number of problems related to traffic, stormwater control, erosion,
and even safety.
4. Unlike some of the protesters to the project, I do not believe that the project is
overly dense. Good urban planning favors a considerable degree of density. If
the buildings were attractive and fit well into the amount ofland available, I
would not have any questions about density, except for the related traffic issues.
5. I am concerned that the development will go to the very front of the bluff (see
above). This is where the bluffs are most fragile (see the current bluff study from
the Eagle Point project). Mercy is on a bluff, as are Mount Carmel and other
major Dubuque buildings, but they are built well back from the tip and on, I
think, more secure soil.
6. I will expect a more specific commitment from Mr. Spiegel and staff in regard to
stormwater and erosion control. General reassurance that "everything will be
fine" is not enough.
7. The overriding concern is TRAFFIC! I really like and respect Tony Zelinskas,
but I am simply not convinced that the traffic study is accurate. I don't care
what the statistical studies say. I'M UP THERE ALL THE TIME AT ALL
HOURS AND WHAT IS IN THE REPORT IS NOT IN MY EXPERIENCE!!
And why was 3rd and Hill not included? Why was the really substandard street
that everyone in Dubuque knows~o be not addressed? Why is the Cardiff
3V".l
situation not being addressed? Why is no one acknowledging that this project
will add over 250 residences to a less than 14 acre area in an already difficult
traffic situation? I just don't get it.
8. I know that "aesthetics" has become a dirty word, but "the character of the
district" is a legitimate concern as is "the peculiar suitability of such area for
a particular use" not to speak of". . . the most appropriate use of land
throughout such city." The look of our buildings is uniquely important in
Dubuque. I am not one who says that buildings built in the 20th century
should look like buildings from the 18th century, but harmony and integrity
are extremely important architectural and development principles and
should not be ignored.
9. I have heard Mr. Spiegel's assurances that Terracon will be doing soil
studies. Will this be the same protocol as was used at Eagle Point Park?
There the damage was done before the studies were completed. Limestone
is not granite and cannot be treated as if it were.
I did vote for the project on Monday and I would like to vote for it again at the next two
meetings, but I cannot cast a positive vote in good conscience if these concerns of
engineering suitability, traffic, and aesthetics cannot be answered. No one values good
jobs and steady paychecks more than I do, but these cannot be to the long term detriment
of our city. I hope these questions and concerns can be resolved. They are not easy ones
for Mr. Spiegel or for me!
December 21,2005
COpy
T...-I;"""",d....... k;l>M 1J1IYI m;~
January 30, 2003
Ms. Laura Carstens, City Planner
City Hall - Planning Department
50 West 13th Street
Dubuque, IA 52001
Re: Zoning Reclassification Public Hearings
Dear Laura:
I have recently provided you with an opinion that comments from the public at a
public hearing on a zoning reclassification before the Zoning Advisory
Commission should be germane or relevant to the zoning reclassification. You
have now asked us for guidance on the question of what comments would be
germane or relevant.
The best way to answer that question is to review the ba"is for zoning regulations
set out in Iowa Code Chapter 414. Iowa Code S 414.1 provides that a city is
empowered to regulate and restrict the following:
. the height, number of stories,
. the size of buildings and other structures,
. the percentage of lot that may be occupied,
. the size of yards, courts, and other open spaces,
. the density of population, and
. the location and use of buildings, structures, and land for trade, industry,
residence, or other purposes.
The purpose for such regulations, as set out in the statute, is for "promoting the
health, safety, morals, or the general welfare of the community or for the purpose
of preserving historically significant areas of the community."
Under Iowa Code S 414.2, the city council may divide the city into districts and
within such districts, it may regulate and restrict the erection, construction,
reconstruction, alteration, repair, or use of buildings, structures, or land, again for
the purpose of promoting the health, safety, morals, or the general welfare of the
community or for the purpose of preserving historically significant areas of the
community.
Under Iowa Code 9 414.3, the regulations must be made in accordance with the
comprehensive plan and designed to:
. preserve the availability of agricultural land;
.--. consider the protection of soil from wind and water erosion;
-. encourage efficient urban development patterns;
. lessen congestion in the street;
. secure safety from fire, flood, panic, and other dangers;
. promote health and the general welfare;
. provide adequate light and air;
. prevent the overcrowding of land;
. avoid undue concentration of population;
. promote the conservation of energy resources;
. promote reasonable access to solar energy; and
-. facilitate the adequate provision of transportation, water, sewerage,
schools, parks, and other public requirements.
The statute provides further that such regulations shall be made, "with
reasonable consideration, among other things," to the following:
..... The character of the area of the district
=. The peculiar suitability of such area for particular uses, and
__. With a view to conserving the value of buildings and encouraging the
most appropriate use of land throughout such city.
In our opinion, public comments that relate to any of these purposes and
considerations would be germane or relevant to a zoning reclassification issue.
Very sincerely,
Barry A. Lindahl, Esq.
Corporation Counsel
BALtls
cc: Mayor and City Council Members
Michael Van Milligen, City Manager
Eugene Bird, Chairperson, Zoning Advisory Commission
Kyle Kritz, Associate Planner