Lease w IDNR for Rip RowMEMORANDUM
September 10, 2001
TO:
FROM:
SUBJECT:
The Honorable Mayor and City Council Members
Michael C. Van Milligen, City Manager
Amending the Lease with the Iowa State Conservation Commission to
Include Part of the Rip Row Valley Property
Part of the Rip Row Valley development plans call for leasing 12.29 acres next to the
river to the Iowa Department of Natural Resources for development of a picnic area and
praide. This is the old wastewater treatment plant site and has never been developed
since the plant moved a number of years ago.
Leisure Services Manager Gil Spence is recommending approval of the amendment to
the lease of the E.B. Lyons Prairie-Woodland Preserve and Nature Interpretive Center
with the Iowa State Conservation Commission (now the Iowa Department of Natural
Resources) to include a section of the Rip Row Valley property.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Gil D. Spence, Leisure Services Manager
C~
CITY OF DUBUQUE, IOWA
MEMORANDUM
TO: Michael C. Van Milligen, City Manager
FROM: Gil D. Spence, Leisure Services Manager
SUBJECT:
September 10, 2001
Amending the Lease with the Iowa State Conservation Commission to
Include Part of the Rip Row Valley Property
INTRODUCTION
The purpose of this memorandum is to ask the City Council to approve amending the
lease of the E.B. Lyons Prairie-Woodland Preserve and Nature Interpretive Center with
the Iowa State Conservation Commission (now, Iowa Department of Natural Resources)
to include a section of the Rip Row Valley property.
DISCUSSION
Part of the Rip Row Valley development plans call for leasing 12.29 acres next to the
river to the Iowa Department of Natural Resources for development of a picnic area and
prairie. This is the old wastewater treatment plant site and has never been developed
since the plant moved a number of years ago.
IDNR has no funds available for development but hopes to budget some in the next few
years. In the meantime, they will maintain and supervise the area.
ACTION STEP
The action requested is that the City Council adopt the attached ~esolution approving
the amendment to the lease with the Iowa State Conservation Commission to include
part of the Rip Row Valley property.
GDS:jlr
attachment
RESOLUTION NO. 414-01
RESOLUTION APPROVING AN AMENDMENT TO THE LEASE
AGREEMENT WITH THE IOWA STATE CONSERVATION COMMISSION
Whereas, published notice of date, time, and place of a public hearing, published
in the Telegraph Herald, a newspaper of general circulation published in the City of
Dubuque, Iowa, on the 7th day of September, 2001, the City Council of the City of
Dubuque, Iowa, met on the 17th day of September, 2001, at 6:30 p.m., in the Public
Library Auditorium, Eleventh and Locust Streets, Dubuque, Iowa, to consider the first
amendment to the Lease Agreement between the City of Dubuque and the Iowa State
Conservation Commission, a copy of which is attached hereto and incorporated herein
by reference; and
Whereas, the City Council of the City of Dubuque, Iowa, overruled any and all
objections, oral or written, to the lease agreement;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. The amendment to the Lease Agreement between the City of
Dubuque and Iowa State Conservation Commission, a copy of which is attached hereto,
is hereby approved.
Section 2. The Mayor is authorized and directed to execute the Lease
Agreement on behalf of the City of Dubuque.
Passed, approved and adopted this 17th day of September, 2001.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
PK
AMENDMENT T LEASE AGREEMENT
BETWEEN
THE CITY OF DUBUQUE
THE IOWA STATE CONSERVATION COMMISSION
THIS AMENDMENT to the Lease Agreement between the City of Dubuque and the Iowa
StateConservation Commission, now the Department of Natural Resources, and made and entered
into this day of. 2001.
WHEREAS, on Jane 6, 1983, the City of Dubuque (City) and the Iowa State Conservation
Commission, now the Iowa Department of Natural Re~ourees (DNR) entered into a lease (the Lease)
for certain property owned by the City:
AND WHEREAS, the City and the DNR now desire to amend the Lease to include
additional property owned by the City.
NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES THAT THE
LEASE IS AMENDED AS FOLLOWS:
By amending the first WHEREAS clause to read as follows:
WHEREAS, the City is the owner of a public nature preserve and interpretive center
known as the ~ Lyons Prairie-WoodLand Preserve and Nature Interpretive Center, "and
property known as the "Rip Row Vafley Property" shown an the DNR Lease Exhibit,
a~tt~ched hereto, (all such property being collectively referred to herein as "the Preserve ');
Section 1 of the Lease is hereby amended by adding at the end thereof the following
And:
Lot 3 of Fraction Government Lot 1, in Section 5, T88N, and R3E of the 5m. P.NL in the City
of Dubuque, Dubuque County, Iowa, as shown on the attached DBR Lease Exhibit.
Add Section 16 OTHER PROVISIONS:
EXPENDITURE OF FUNDS. Nothing in thi~ agreement shall obligate or bind either
party to expenditure of funds in excess of funds available to each party.
CLEANIt~G OFTHEAREA. Theareashallhecleanedofalldebris. Materlai to be
removed prior to DNR management shah included but are not limited to: llglrt poles,
street pavers, fencing, guard rail p~ts, culverts, and cancreta. The area is to be
inspected by DNR and a written acknowledgement to the City will he issued before the
agreement becomes effeetlve~
Si~ned:
All other items shall remain in full foree~
~rlY OF DUBUQUE
BY
Name
IOWA DEPARTMENT OF NATURAL RESOURCES
BY
Allen L. Farrls, Administrator
Fish & Wildlife Division
Acting Administer Parks, Recreation & Preserves
Date