Steger Ltr @ farm pollution
MEMORANDUM
To:
From:
Date:
Planning Services Department; City Engineer; City Clerk
John and Karla Steger, 11775 No. Cascade Rd., Dubuque, Iowa 52003
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 interpretation 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 locate 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 are available to all those concerned (both
residential and business owners), including an action for damages, injunctive
proceedings, and/or a mandamus action. We have also been advised that, because
the interpretation being given the clear language of the applicable ordinances is so
strained and inappropriate that governmental immunity 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 informing the Iowa DNR.
We therefore request that you take notice of the statements contained herein and
govern your actions accordingly.
//;//I~;
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February 7, 2005
Mr. Mike Wade
Environmental Protection Agency
Department of Natural Resources
907 West Main Street
Manchester, Iowa 52057
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Re: Environmental Problem
Dear Sirs:
Our family owns a farm property located just west of the Dubuque city limits. It is
located contiguous to a PUD area, and both residential and commercial uses exist in the
areas. Over the years we have taken great care to ensure that our property is
environmentally-friendly, and we have gone to great lengths to protect that part of one of
the Catfish Creek tributaries that runs through our real estate for about a half mile.
We are extremely concerned about some very extensive grading and fill activity that has
taken place immediately next to our property-just across the county-city boundary line.
The property in question was originally owned by Julian Nemmers, who subdivided and
sold off several parcels for commercial use.
When that work was done various water barriers were put in place, and a holding pond
was put in to control run-off water. All of this was done to the standards and
specifications of the current zoning regulations. We believe that we are zoned
Agriculture and the property across the line is zoned PUD. Just recently, though, the
purchasers of one or more of the lots has essentially in our opinion destroyed the "grand
Plan" for water run off in his (their) attempt to create a much larger and more usable
commercial space than was ever envisioned by anyone, including the Dubuque
Engineering staff.
Just a few of the many things that are going on there of which I have great concerns are:
1) Dumping offill that contains asphalt, left-over concrete washings, metal and
numerous other unknown items. 2) Old water barriers have been destroyed and
no new ones have been put in place 3) The fill has been placed in such a manner
that it has spilled over the county-city line onto our real estate, creating what is a
legal and continuing trespass. Further, the angle of the huge mountain of
remaining fill appears to exceed a 45-degree "angle of repose". 4) With the
change in contour of the lots, the holding pond is in danger of being incapable of
proper functioning. 5) In addition to the unsightly esthetics, I feel threatened with
a health factor the way this development is rapidly progressing. 6) The run-off
from this unsightly mess is sure to find its way directly into our branch of the
Catfish Creek-which is where the old clean water run-off was originally
intended to empty.
In addition to the sight pollutions and run off pollutions, we are also experiencing a noise
pollution problem. A giant "dust collector" has been installed to the rear of the metal
building directly facing our property. The resulting noise can be heard over a mile away
as it echoes off the building.
This is the same type of industrial zoning "grinder" that was referred to in my letter of
December 2, 2002 to the Planning and Zoning Department, City engineer and City Clerk
(See copy enclosed). It is our contention that this type of 24 hour a day industrial
grinding should not be an acceptable use in a CS-Zoning, and that adequate controls have
not been placed on the developer or tenants occupying this area.
My personal legal counsel has advised us to contact you concerning this continuing
problem. We may pursue other legal remedies, but if either we or the city does so, we
need to have someone involved with expertise in these matters, such as the DNR.
Because of this detriment and my concerns, we contacted Mr. Gus Psihoyos (our city
engineer) and Mr. Deron Muehring (our civil engineer). Upon their inspections, they
were very alarmed at the activities taking place. We are contacting you and formally
requesting that you investigate this matter and take appropriate action. We feel confident
that the Dubuque City personnel will be more than helpful with you in this matter.
We're frankly up in arms over this blatant attempt to make an end run around everyone's
plans to try to keep the area unpolluted and environmentally friendly.
Thank you and we shall look forward to hearing from you at your earliest convenience.
Very truly yours,
John and Karla Steger
11775 North Cascade Road
Dubuque, Iowa 52003
Ph. 563 588-3222
CC: Mr. Gus Psihoyos City Engineer
Dubuque County Supervisor
Dubuque City Council
Dubuque Planning and Zoning Commission
Mary Rose Corrigan