Request to Rezone_Dubuque Metropolitan Area Solid Waste AgencyPrepared by: Laura Carstens, City Planner Address: City Hall, 50 W. 13th St Telephone: 589 -4210
Return to: Jeanne Schneider, City Clerk Address: City Hall- 50 W. 13 St Telephone: 589 -4121
ORDINANCE NO. 61-10
AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF
ORDINANCES, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING
HEREINAFTER DESCRIBED PROPERTY LOCATED AT U.S. HIGHWAY 20 WEST
FROM COUNTY A -1 AGRICULTURAL DISTRICT, COUNTY R -1 RURAL
RESIDENTIAL DISTRICT AND CITY AG AGRICULTURAL DISTRICT TO CITY HI
HEAVY INDUSTRIAL DISTRICT, WITH CONDITIONS.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified
Development Code, is hereby amended by reclassifying the hereinafter - described
property from County A -1 Agricultural District, County R -1 Rural Residential District, and
City AG Agricultural District, with conditions, to wit:
Section 2. The foregoing amendment has heretofore been reviewed by the
Zoning Advisory Commission of the City of Dubuque, Iowa.
Section 3. This ordinance shall take effect immediately upon publication, as
provided by law.
Attest:
As show n on Exhibit A, and to the centerline of the adjoining public right -of-
way, all in the City of Dubuque, Iowa.
Passed, approved and adopted this 20th dayf December 2010.
eanne F. Schneider, City Clerk
Roy D. B , Mayor
ACCEPTANCE OF ORDINANCE NO. 61 -10
I, Ric W. Jones, representing Dubuque Metropolitan Solid Waste Agency,
having read the terms and conditions of the foregoing Ordinance No. 61 -10 and being
familiar with the conditions thereof, hereby accept this same and agree to the conditions
required therein.
Dated in Dubuque, Iowa this 21st day of December
By
2010.
Ric W. 4'ones
Dubuque Metropolitan Solid Waste Agency
Planning Services Department
City Hall
50 West 13th Street
Dubuque, IA 52001 -4864
(563) 589 -4210 phone
(563) 589 -4221 fax
(563) 690 -6678 TDD
planning@cityofdubuque.org
The Honorable Mayor and City Council Members
City of Dubuque
City Hall — 50 W. 13 Street
Dubuque IA 52001
Applicant: Chuck Goddard, Dubuque Metropolitan Solid Waste Agency (DMSWA)
Location: Highway 20 West
Description: To rezone landfill property, in conjunction with annexation, from County A-
1 Agricultural District, County R -1 Rural Residential District and City AG
Agricultural District to City HI Heavy Industrial District, with conditions.
Dear Mayor and City Council Members:
The City of Dubuque Zoning Advisory Commission has reviewed the above -cited
request. The application, staff report and related materials are attached for your review.
Discussion
Don Vogt, City Public Works Director, spoke in favor of the request, reviewing the area
to be rezoned and the area to be annexed. He reviewed the history of the landfill's
operation, the proposed land use plan for the landfill, and the agricultural buffer. He
also reviewed landfill regulations and DMASWA's regional comprehensive solid waste
plans.
Staff reviewed the area to be rezoned and annexed, and noted that the landfill was
originally annexed in 2000 and was grandfathered at that time. Staff reviewed the
proposed conditions on the rezoning, and the buffer around the landfill.
A letter of opposition was received and filed.
There were no other public comments.
Masterpiece on the Mississippi
Dubuque
AA- America City
'1
2007
December 7, 2010
The Zoning Advisory Commission discussed the request, and had no objection to the
request. They commended the Landfill agency for the quality of their operation.
Recommendation
By a vote of 7 to 0, the Zoning Advisory Commission recommends that the City Council
approve the request, subject to the following conditions:
Service People Integrity Responsibility Innovation Teamwork
The Honorable Mayor and City Council Members
Page 2
1. That the permitted uses for this Heavy Industrial District shall be limited to the
following:
Attachments
a. Automated gas station
b. Freight transfer facility
c. Resource recovery / recycling center (outdoor /indoor)
d. Railroad or public or quasi - public utility, including substation.
e. Sanitary landfill
2. That the conditional uses for this Heavy Industrial District shall be limited to
the following:
a. Wind energy conversion system
A simple majority vote is needed for the City Council to approve the request. A super -
majority vote is needed for the City Council to amend the conditions.
Respectfully submitted,
Jeff Stiles, Chairperson
Zoning Advisory Commission
cc: Don Vogt, Public Works Director
Chuck Goddard, DMASWA
Service People Integrity Responsibility
Innovation Teamwork
Masterpiece oil the Mississippi
❑ Variance
DConditional Use Permit
DAppeal
❑ Special Exception
Limited Setback Waiver
Rezoning
Address: 50 W. 13 St.
Dubuque
A
A!- NnaitaCil
'III E'
2007
Please type or print legibly in ink
Fax Number:
Applicarit /Agent: Chuck Goddard
Address: 50 W. 13 St.
Fax: 589 -4252
PLANNING APPLICATION FORM
['Planned District
❑Preliminary Plat
['Minor Final Plat
['Text Amendment
['Simple Site Plan
['Minor Site Plan
Site location /address: Highway 20 West
Cell:
DMajdr Site Plan
DMajor Final Plat
❑Simple Subdivision
12 Annexation
❑Temporary Use Permit
City: Dubuque
City: Dubuque
Existing zoning: AG /County Proposed zoning: HI District: N/A
Legal Description (Sidwell parcel ID# or lot number /block number /subdivision): See attached.
City of Dubuque
Planning Services Department
Dubuque, IA 52001 -4864
Phone: 563-589-4210
Fax: 563- 589 -4221
❑Certificate of Economic Non - Viability
DCertificate of Appropriateness
❑Historic Designation
❑Neighborhood Assoc
DAdvisory Design Review
['Other:
Property owner(s): Dubuque Metropolitan Sold Waste Agency (DMSWA) Phone:
State: Iowa Zip: 52001
Cellular Number: E -mail Address:
Phone: 589 -4250
State: Iowa Zip:52001
E -mail:
Landmark: N/A
Total property (lot) area (square feet or acres): 318.25 acres
Describe proposal and reason necessary (attach a letter of explanation, if needed). Rezoning in conjunction with annexation
will facilitate continued operation of regional landfill.
CERTIFICATION: I /we, the undersigned, do hereby certify that:
1. It is the property owner's responsibility to locate property lines and to check your abstract for easements and restrictive
covenants.
2. The information submitted herein is true and correct to the best of my /our knowledge and upon submittal becomes public
record;
3. Fees are not refundable and payment does not guarantee approval; and
4. All additional required written and graphic materials are attached.
Property Owner(s):
Applicant /Agent:
Date:
Date:
G l — f- -2at()
FOR OFFICE USE ONLY — APPLICATION SUBM AL CHECKLIST
/ !/
Y
Fee: Received by: Date: Q' / • Zo ICDocket:
❑ Site /sketch plan 0 Conceptual Dev opment Plan ❑Photo ❑ Plat
0 Improvement plans ❑ Design review project description ❑ Floor plan 0 Other:
Dubuque Metropolitan Area. Solid Waste Agency
providing environmentally sound solid waste solutions
September 1, 2010
The Honorable Mayor and City Council
City of Dubuque
City Hall - 50 W. 13 Street
Dubuque IA 52001
RE: Application for Rezoning
Dear Mayor and City Council Members:
We, the Board of Directors of the Dubuque Metropolitan Area Solid Waste Agency
(DMASWA), owner of approximately 318.25 acres of property located west of U.S. 20 in
Dubuque County, Iowa, legally described as shown on the enclosed Exhibit B, hereby request
rezoning of this property as shown on the enclosed Figure 1. We further request this rezoning to
HI Heavy Industrial District of both the DMASWA property currently in the city limits of Dubuque
and the proposed annexation territory, be subject to the following conditions:
#5. Wind energy conversion system
These selected principal permitted uses and conditional use will allow the current operations of
the sanitary landfill, as well as related activities including: composting, recycling of appliances,
electronics, and other solid waste, and household hazardous materials center. The automated
gas station provides for the proposed CNG (compressed natural gas) vehicle fueling station.
The principal permitted uses be limited to the following HI permitted uses:
#4. Automated gas station
#18. Freight transfer facility
#40. Resource recovery/recycling center (outdoor /indoor)
#43. Railroad or public or quasi - public utility, including substation
#45. Sanitary landfill.
The conditional uses be limited to the following HI conditional uses:
Enclosure
is W. Jo s, Chairperson
Dubuque Metropolitan Area Solid Waste Agency
925 Kerper Court
Dubuque, IA 52001 -2405
Phone: 563 - 589 -4250
Fax: 563 - 589 -4252
h.1Pubhc Wort 5
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created b1 I@IB 2010 -03-17
DISCLAIMER T - -
Legend
Area to be Rezoned
DMASWA -owned Land
Existing Dubuque City Limits
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Base Data Provided by Dubuque County GIS
Dubuque
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' I I I I THE CITY OF
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Legend
City of Dubuque
® Proposed Area to be Rezoned
DMSWA Annexation Area
Masterpiece on the Mississippi
Vicinity Map
Applicant: Chuck Goddard, Dubuque
Metropolitan Solid Waste Agency (DMSWA)
Location: Highway 20 West
N
Description: To rezone landfill property, in
conjunction with annexation, from County
A -1 Agricultural District, County R -1 Rural
Residential District and City AG Agricultural
District to City HI Heavy Industrial District.
Gentlemen:
Planning Services Department
City of Dubuque
50 West 13th Street
Dubuque, Iowa 52001 -4864
James W. McFarlane
81 Wyandanch lane
Southampton, NY 11968
mcprop @verizon.net
�+ l- IC-RC')tic
This letter is in regard to proposed zoning changes involving parcels of
Dubuque land located near the present landfill.
As background: my parents purchased most of the hilltop located above
the present location of the landfill back in the mid fifties. Their idea was to
build a modest home on a higher elevation with a spectacular view to
the East. (As far as I recall, one can see the Sinnsinnawa Mound on a
clear day.) However, due to a variety of reasons, this plan was never
executed but we still enjoyed the property for an occasional picnic and
the sighting in of our hunting rifles. Most significantly, the Dubuque City
Landfill gave the coup de gras to any still existing plans and, since that
time, we have done nothing but pay property tax. Due to the landfill, the
only value remaining might be for a radio /cell tower or a refreshment
stand for garbage truck drivers.
Since it is obvious that the City of Dubuque has no concrete plan to
reduce the amount of refuse it is willing to plant at that site and most likely
is intending to increase the scope and quantity of refuse stored there, the
conclusion can only be that the landfill will never be closed and our
property will remain unusable forever.
Therefore, in the hopes that by restricting the landfill management's
attempt to enlarge their area, that the date of "sun setting" this facility
would be closer, I am adamantly opposed to any zoning change.
Further, zoning is the legal right of the citizenry to determine the size, type
and use of structures and property within their jurisdiction. If at any time,
such an adverse use of agricultural land can simply be "zoned in" without
environmental impact studies and without regard to how this re- zoning
might conform to what we would normally call the "Master Plan of
Development and Zoning" for any municipality of any size here on the
East Coast, then the Dubuque Zoning Code is in grievous need of
immediate overall.
It is depressing to think that the Dubuque City Fathers would not have a
plan in place to reduce refuse quantities by separation and re- cycling as
is done in Western Europe and, most significantly, in San Francisco for
example. There, each home owner must separate all the various items of
refuse as: paper, metal, plastic, glass, appliances of every sort and food
residues. The city run garbage service only picks up any other items not in
the above list. The re- cycables must, repeat, must be taken to the re-
cycling center by each home owner. The "wet" or food refuse is picked
up by special trucks that re -cycle it into animal feed and /or agricultural
fertilizer. Thusly, the net refuse needed to be picked up by the city
agency shrinks to a mere percentage of the earlier quantity.
These are the steps that should be taken rather than allow the landfill
authority to expand until they have destroyed the environment and the
property values of all homeowners in a ten mile radius.
I thank you for your attention.
Sincerely,
J
James W. McFarlane
formerly of Wood Street, DHS 1954
REZONING STAFF REPORT Zoning Agenda: November 3, 2010
Property Address: Highway 20 West
Property Owner: Dubuque Metropolitan Solid Waste Agency (DMSWA)
Applicant: Chuck Goddard
Proposed Land Use: Sanitary landfill Proposed Zoning: HI
Existing Land Use: Sanitary landfill /Agricultural Existing Zoning: County A- 1/R -1/
City AG
Adjacent Land Use:
Former Zoning:
Impact of Request on:
North — AG
East — Commercial
South — AG
West — AG
1934 — County
1975 — County
1985 — County
Utilities: Existing utilities are adequate to serve the site.
Adjacent Zoning: North — City AG /R -1
East — County B -2/M -1
South — County R -1/A -1
West — County R -1
Total Area: 318.25 acres
Property History: The area currently included within the landfill property has been
utilized by the agency since 1976. The area to be annexed and rezoned to Heavy
Industrial has been used for agricultural uses.
Physical Characteristics: The topography of the site is rolling in nature and generally
drains to the southeast.
Concurrence with Comprehensive Plan: The property to be annexed to the City is
designated on the Future Land Use Map Agricultural and Rural Density Residential.
The portion of the landfill annexed to the City in 2000 is designated as Heavy Industrial.
The proposed rezoning involves the Land Use Element Goals 3.3 and 3.5. The
request also involves the Environmental Quality Goals 5.5 and 5.7.
Traffic Patterns /Counts: The landfill access is from U. S Highway 20. The 2009
IDOT traffic counts indicate there are 19,400 average daily trips along this section
of the highway.
Public Services: Existing public services are adequate to serve the property.
Rezoning Staff Report - Highway 20 West (DMSWA) Page 2
Environment: Staff does not anticipate any adverse impact to the environment
provided the Federal and State requirements for sanitary landfills are complied with
as part of opening new cells within the landfill.
Adjacent Properties: Planning staff does not anticipate any significant impacts to
surrounding property as there has been a sanitary landfill in this area since 1976.
CIP Investments: The Dubuque Metropolitan Solid Waste Agency plans on
spending over $40 million to expand capacity to insure the continued operation of
the landfill for another approximate 50 years.
Staff Analysis: The Dubuque Metropolitan Solid Waste Agency (DMSWA) is proposing
annexation and rezoning of property to provide for the future operation of the regional
landfill. A letter from Ric Jones, Chairperson DMSWA is attached to this staff report
that outlines the Agency's request and proposed conditions on permitted and
conditional uses.
The landfill was first annexed to the City as part of the Highway 20 annexation in 2000.
The landfill was not rezoned at that time, as its operation was grandfathered in as part
of the annexation. DMSWA is proposing as part of the annexation of 178.29 acres, that
a portion of the area to be annexed as well as the existing area occupied by the landfill
be rezoned to Heavy Industrial District. A total of 318.25 acres is included in the
proposed rezoning.
DMSWA is proposing that the principal permitted uses for the proposed Heavy
Industrial District be limited to automated gas station, freight transfer facility, resource
recovery/recycling center (outdoor /indoor), railroad or quasi - public utility including
substations and sanitary landfills. The conditional uses would be limited to wind energy
conversion systems. The selected principal permitted and conditional uses will allow
the current operation of the sanitary landfill as well as related activities including
composting, recycling of appliances, electronics and other solid waste, and continued
operation of the household hazardous material center. The permitted use of an
automated gas station allows for the construction of a future compressed natural gas
(CNG) vehicle fueling station.
The property that will be annexed to the City of Dubuque but not zoned Heavy Industrial
are areas that will not be used as part of the landfill operation. The only use of these
areas will be as borrow sites for soil used to cover active landfill cells. These areas
would also serve as buffers for surrounding property owners from the actual landfill
operations themselves.
Planning staff has attached to this staff report a draft ordinance for the rezoning of the
subject property as well as a memorandum of agreement that reflects the condition that
limits the principal permitted and conditional uses as outlined in the letter from
DMSWA.
Rezoning Staff Report - Highway 20 West (DMSWA) Page 3
Planning staff recommends that the Zoning Advisory Commission review Section 9 -5 of
the Unified Development Code that establishes criteria for rezoning requests.
Prepared by:
Reviewed: £/ /A Date: /0'27.10
2009 Photo
Section 2 -Land Use Regulations Article 5: Zoning Districts
Grain or barge
terminal
Manufacturing,
primary
Sewage treatment
plant
Wind energy
conversion system
5 -19 HI Heavy Industrial
The HI District is intended to provide locations for industrial uses which by their nature
generate levels of smoke, dust, noise, odors, or other visual impacts that render them in-
compatible with virtually all other land uses. The district is also intended to provide loca-
tions for a limited amount of commercial development that will serve employees of sur-
rounding industrial uses.
5 -19.1 Principal Permitted Uses
The following uses are permitted in the HI district:
1. Agricultural supply sales
2. Animal hospital or clinic
3. Auto part sales
4. Automated gas station
5. Bakery (wholesale /commercial)
6. Bank, savings and loan, or credit union
7. Bar or tavern
8. Business services
9. Carwash, full- service
10. Carwash, self - service
11. Cold storage or locker plant
12. Construction supply sales and service
13. Contractors shop or yard
14. Convenience store
15. Crematorium, reduction plant, foundry, forge or smelter
16. Dental or medical lab
17. Drive -up automated bank teller
18. Farm implement sales, service or repair
19. Freight transfer facility
20. Fuel or ice dealer
21. Furniture upholstery or repair
22. General office
23. Grain or barge terminal
24. Indoor recreation facility
25. Indoor restaurant
26. Junkyard or salvage yard
27. Kennel
28. Laboratory for research or engineering
29. Lumberyard or building material sales
30. Mail order house
31. Manufacturing, primary
32. Manufacturing, secondary
33. Mini - warehousing
34. Mobile home sales
35. Moving or storage facility
36. Off street parking lot
37. Packaging, processing, or storing meat, dairy or food products
38. Passenger transfer facility
39. Parking structure
40. Resource recovery /recycling center (outdoor /indoor)
41. Pet daycare or grooming
42. Printing or publishing
TIE CRY Of
_ -__- - -- DUB E
711E CRY OF
Section 2 -Land Use Regulations Article 5: Zoning Districts
43. Railroad or public or quasi - public utility, including substation
44. Restaurant, drive in or carryout
45. Sanitary landfill
46. Service station
47. Sewage treatment plant
48. Slaughterhouse or stockyard
49. Tool, die, or pattern making
50. Upholstery shop
51. Vehicle body shop
52. Vehicle sales or rental
53. Vehicle service and repair
54. Vending or game machine sales or service
55. Warehousing, packaging, distribution or storage facility
56. Welding services
57. Wholesale sales or distributor
5 -19.2 Conditional Uses
The following conditional uses may be permitted in the HI district, subject to the provisions of Section 8 -5:
1. Licensed adult day services
2. Licensed child care center
3. Residential use
4. Retail sales and service
5. Wind energy conversion system
5 -19.3 Accessory Uses
The following uses are permitted as accessory uses as provided in Section 3 -7:
1. Any use customarily incidental and subordinate to the principal use it serves
2. Drive -up automated bank teller
3. Wind turbine (building - mounted)
5 -19.4 Temporary Uses
The following uses may be permitted as temporary uses in the HI district in conformance with the provisions of
Section 3 -19:
1. Any use listed as a permitted use within the district.
5 -19.5 Parking
Minimum parking requirements shall be regulated in conformance with the provisions of Article 14.
5 -19.6 Signs
Signs shall be regulated in conformance with the provisions of Article 15.
DJB
Section 2 —Land Use Regulations
5 -19.7 Bulk Regulations
HI Heavy Industrial
Min Lot
Area
(square
feet)
Min Lot
Frontage
(feet)
Max Lot
Coverage
(% lot
area)
Front (feet)
Min
Max
Setbacks
Min Side' Min Rear
(feet)
(feet)
Max
Height
(feet)
All Other Uses
150
'When abutting a residential or office - residentail district, a 20 -foot side setback is required.
2 When abutting a residential or office - residentail district, a 20 -foot side setback is required.
Vehicle sales
20,000
Street
Article 5: Zoning Districts
150
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Th .1-1 e Midpoint fig ht
Shed Roof
fi Midpoint
Height
1
Gable or Hip Roof_
z•-•.--------t fi Deckhne
Height
i
Mansard or Gambrel Roof _
I Highest Level
Height
4 ,
Flat Roof
Section 2 —Land Use Regulations
5 -19.7 Bulk Regulations
HI Heavy Industrial
Min Lot
Area
(square
feet)
Min Lot
Frontage
(feet)
Max Lot
Coverage
(% lot
area)
Front (feet)
Min
Max
Setbacks
Min Side' Min Rear
(feet)
(feet)
Max
Height
(feet)
All Other Uses
150
'When abutting a residential or office - residentail district, a 20 -foot side setback is required.
2 When abutting a residential or office - residentail district, a 20 -foot side setback is required.
Vehicle sales
20,000
Street
Article 5: Zoning Districts
150
n�rtcm o
z,, — DU E
Prepared by: Laura Carstens, City Planner Address: City Hall, 50 W. 13th St Telephone: 589 -4210
Return to: Jeanne Schneider, City Clerk Address: City Hall- 50 W. l3t" St Telephone: 589 -4121
ORDINANCE NO. 10
AN ORDINANCE AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF
ORDINANCES, UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING
HEREINAFTER DESCRIBED PROPERTY LOCATED AT U.S. HIGHWAY 20 WEST
FROM COUNTY A -1 AGRICULTURAL DISTRICT, COUNTY R -1 RURAL
RESIDENTIAL DISTRICT AND CITY AG AGRICULTURAL DISTRICT TO CITY HI
HEAVY INDUSTRIAL DISTRICT, WITH CONDITIONS.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified
Development Code, is hereby amended by reclassifying the hereinafter - described
property from County A -1 Agricultural District, County R -1 Rural Residential District, and
City AG Agricultural District, with conditions, to wit:
As shown on Exhibit A, and to the centerline of the adjoining public right -of-
way, all in the City of Dubuque, Iowa.
Section 2. The foregoing amendment has heretofore been reviewed by the
Zoning Advisory Commission of the City of Dubuque, Iowa.
Section 3. This ordinance take effect immediately upon publication, as
provided by law.
Attest:
Passed, approved and adopted this day of 2010.
Jeanne F. Schneider, City Clerk
Roy D. Buol, Mayor
MEMORANDUM OF AGREEMENT
Pursuant to the Iowa Code Section 414.5 (2007), and as an express condition of rezoning
of the property described as:
As shown on Exhibit A, and to the center line of the adjoining
public right -of -way, all in the City of Dubuque, Iowa
which is the subject of Ordinance No. -10 , a copy of which is attached hereto
and incorporated herein by reference, the undersigned property owners, agree to the
following conditions, all of which the property owner further agrees are reasonable and are
imposed to satisfy public needs which are caused directly by the rezoning:
A) Performance Standards:
1) That the permitted uses for this Heavy Industrial District shall be limited to the
following:
a) Automated gas station
b) Freight transfer facility
c) Resource recovery/recycling center (outdoor /indoor)
d) Railroad or public or quasi - public utility, including substation.
e) Sanitary landfill
2) That the conditional uses for this Heavy Industrial District shall be limited to
the following:
a) Wind energy conversion system
B) Modifications. Any modifications of this Agreement shall be considered a zoning
reclassification and shall be subject to the provisions of the Unified Development
Code governing zoning reclassifications. All such modifications must be approved
by the City Council of Dubuque, Iowa.
C) Construction. This Agreement shall be construed and interpreted as though it were
part of Title 16 of the Code of Ordinances of the City of Dubuque, also known as the
Unified Development Code of the City of Dubuque, Iowa.
D) This Agreement shall be binding upon the undersigned and his /her heirs, successor
and assignees.
ACCEPTANCE OF ORDINANCE NO. -10
I, Ric W. Jones, representing Dubuque Metropolitan Solid Waste Agency,
having read the terms and conditions of the foregoing Ordinance No. -10 and being
familiar with the conditions thereof, hereby accept this same and agree to the conditions
required therein.
Dated in Dubuque, Iowa this
day of 2010.
By
Ric W. Jones
Dubuque Metropolitan Solid Waste Agency