Steger, John, Planning objectioDEO-11-02 WED 05:~4 PM DUBUQUE OITY OLERK FA× i40, 66~ 689 0890 P, 02
MEMORANDUM
To:Planning Services Department; City Engqneer,City Clerk
From:John and Karla Steger, 11775 No. Cascade Rd., Dubuque, lowa 52003
Date:December 2, 2002
Dear Sirs:
As per the letter of Mr. Robert Miller dated July 30, 2002 and letter of Mr. Kyle
Kritz dated August 5, 2002 it appears the Planning Services Department is giving
the "green light" to a grinding and mulch mixing operation within the city confines
west of Cedar Cross Road.
This Memorandum is to inform you that a group of very concerned citizens is
contemplating legal action as a result of such city-sponsored activity,
We strongly believe that city officials have given an erroneous inlerpretation to
Dubuque's zoning provisions (evidently in order to accomplish other objectives on
the Fourth Street Peninsula),
City officials evidently intend to allow an industrial business to locale in a
Commercial Service district. Such action by city officials follows neither the spirit,
intent nor plain language of the applicable ordinance.
We have been advised that various options arc available to all those concerned (both
residential and business owners), including an actton for damages, injunctive
proceedings, and/or a mandanms action. We have also been advised Ihat, because
the interpretation being given the clear language of the applicable ordinances is so
strained and inappropriate that govennnental immnnity would not apply· In this
respect we are told that the language in question does not require discretionary
decisions by governmental officials, and is plain and "directory" in nature (thus
removing immunity from suit by those involved).
Further, because of the noise, dust and related pollution discharges resulting from
the proposed mulching/chipping operations in the Catfish Creek watershed area, we
shall be infomfing the Iowa DNR.
We therefore request that you take notice of the statements contained herein and
govern your actions accordingly.