Bee Branch Gate and Pump Replacement Project_HearingCity of Dubuque
City Council Meeting
Public Hearings # 4.
Copyrighted
November 15, 2021
ITEM TITLE: Bee Branch Gate and Pump Replacement Project
SUMMARY: Proof of publication on notice of public hearing to consider City Council
authorization to enter into a Consent to Easement Structures Agreement
with the United States Army Corps of Engineers (USACE) as a
requirement for the City to proceed with the Bee Branch Gate and Pump
Replacement Project, and City Manager recommending approval.
RESOLUTION Disposing of interest in real estate through Agreement
with the US Army Corps of Engineers
SUGGESTED Suggested Disposition: Receive and File; Adopt Resolution(s)
DISPOSITION:
ATTACHMENTS:
Description Type
Bee Branch Gate and Pump Replacement Project- City Manager Memo
MVM Memo
Staff Memo Staff Memo
Resolution Resolutions
Agreement Supporting Documentation
THE CITY
DUOF
B TEE
Masterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Bee Branch Gate and Pump Replacement Project
CIP #3402608 and CIP #7202608
DATE: November 9, 2021
Dubuque
All -America City
IN
2007.2012.2013
2017*2019
City Engineer Gus Psihoyos recommends City Council authorization to enter into a
Consent to Easement Structures Agreement with the United States Army Corps of
Engineers (USACE) as a requirement for the City to proceed with the Bee Branch Gate
and Pump Replacement Project.
Because the proposed improvements associated with the Bee Branch Gate and Pump
Replacement Project will be constructed within flowage easements controlled by the
USACE, the City is required to enter a Consent to Easement Structures agreement
before proceeding with the project. The agreement establishes the requirements the
City must follow when it constructs the improvements. The easement documents have
been reviewed and approved by City Attorney Crenna Brumwell.
There is no cost associated with entering into the Consent to Easement Structures
agreement.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
v
Mic ael C. Van Milligen
MCVM:jh
Attachment
CC' Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Gus Psihoyos, City Engineer
THE C
DUUB-.*--TE
Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
SUBJECT: Bee Branch Gate and Pump Replacement Project
CIP# 3402608 and CIP#7202608
DATE: November 8, 2021
INTRODUCTION
Dubuque
AII•Amarica Cif
N11KMLi �b-Y i �
I
2007-2012.2013
2017*2019
The enclosed resolution authorizes entering into a Consent to Easement Structures
agreement with the United State Army Corps of Engineers (USACE) as a requirement
for the City to proceed with the Bee Branch Gate and Pump Replacement Project.
BACKGROUND
The Fiscal Year 2022 Budget includes funding for the Bee Branch Gate and Pump
Replacement Project which involves reconstruction of the flood control pump station
located on Kerper Boulevard between 12th and 16th Streets. The existing pump station
functions as part of the floodwall/levee system constructed by the USACE.
DISCUSSION
Because the proposed improvements associated with the Bee Branch Gate and Pump
Replacement Project will be constructed within flowage easements controlled by the
USACE, the City is required to enter a Consent to Easement Structures agreement
before proceeding with the project. The agreement establishes the requirements the
City must follow when it constructs the improvements. The easement documents have
been reviewed and approved by City Attorney Crenna Brumwell.
BUDGETIMPACT
There is no cost associated with entering into the Consent to Easement Structures
agreement.
ACTION TO BE TAKEN
I respectfully request adoption of the attached resolution authorizing and directing the
City to enter into the agreement with the United State Army Corps of Engineers for the
Acceptance of Consent to Easement Structures as a requirement for the City to proceed
with the Bee Branch Gate and Pump Replacement Project.
Attach.
Prepared by Deron Muehring
cc: Crenna Brumwell, City Attorney
Jenny Larson, Director of Finance & Budget
John Klostermann, Public Works Director
Arielle Swift, Assistant Public Works Director
Deron Muehring, Civil Engineer
Prepared bv: Deron Muehring, City of Dubuque Engineering Department, 50 W. 13" Street, Dubuque, IA 52001
(563)589-4270 Return to: Adrienne N. Breitfelder, City Clerk 50 W 13'" Street Dubuque, IA 52001 (563)589-4100
RESOLUTION NO. 404-21
DISPOSING OF INTEREST IN REAL ESTATE THROUGH AGREEMENT WITH THE
US ARMY CORPS OF ENGINEERS
WHEREAS, the City Council, by Resolution No. 382-21, dated November 1, 2021,
declared its interest to dispose of City interest in real property; and
WHEREAS, pursuant to published notice, a public hearing was held on the
proposed disposition on November 15, 2021, at 6:30 p.m. in the City Council Chambers
of the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa, at which meeting the
City Council proposes to take action on the Acceptance of Consent to Easement
Structures between the City and the United States government; and
WHEREAS, Dubuque has a flood control system along the Mississippi River; and
WHEREAS, the United States has acquired a perpetual flowage easement over
Tract Nos. FIA-074, FIA-087, FIA-088, FIA-089, FIA-090, FIA-091 and FIA-120,
Mississippi River Project, Pool 12, and which was recorded in Record Book 114, Pages
1-21, in the records in Dubuque, Iowa; and
WHEREAS, the United States has been requested to give consent for the
installation, operation, and maintenance of a water pumping station to replace the existing
Bee Branch Pumping Station that is part of the Dubuque, Iowa Flood Risk Management
Project; and
WHEREAS, the City of Dubuque is required to enter into an Acceptance o1
Consent to Easement Structures in order to proceed with the improvements associated
with the Bee Branch Gate and Pump Replacement Project; and
WHEREAS, the City Council finds that it is in the best interest of the City to approve
the Acceptance of Consent to Easement Structures.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. The City Council approves the Acceptance of Consent to Easement
Structures with the US Army Corps of Engineers.
Section 2. The Mayor is hereby authorized and directed to sign the agreement.
Passed, adopted, and approved this 15th day of November
D. Buol, Mayor
Attest:
Adrienne N. Breitfelder, City Clerk
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS, ROCK ISLAND DISTRICT
PO BOX 2004 CLOCK TOWER BUILDING
ROCK ISLAND, ILLINOIS 61204-2004
Real Estate Division OCT 0 6 2021
SUBJECT: Mississippi River Project, Pool 12, Dubuque County, Iowa, New Consent
Contract DACW25-9-21-4035, REIN 21-2383, Task No. 976587
City of Dubuque
Attn: Crenna M. Brumwell, City Attorney
300 Main Street
Dubuque, ]A 52001
Via First -Class Mail
Dear Ms. Brumwell:
Enclosed are two copies of the Consent for the installation, operation, and
maintenance of a water pumping station constituting a new pump control building with
generators, a culvert inlet structure, and retaining walls and temporary staging and
storing of construction equipment and materials within the United States flowage
easements on Tracts FIA-074, FIA-087, FIA-088, FIA-089, FIA-090, FIA-091 and FIA-
120, Dubuque County, Iowa. You must initial each page where indicated and execute
the two originals of the enclosed Consent. NOTE: Each original Consent must be
signed before a Notary Public.
Upon execution, please return both originals to:
US Army Corps of Engineers
Attn: Laura Schnack (RE-M)
East Annex Building 340
P.O. Box 2004
Rock Island. IL 61204-2004
After the Consent has been executed by our Real Estate Contracting Officer, a
fully executed copy will be returned to you. If you have any questions, please contact
Ms. Laura Schnack at (309) 794-5682 or email at Laura. M.Schnacka_usace.army.mil or,
if Ms. Schnack is unavailable, you may contact Ms. Amanda Forslund at (309) 794-5201
or email at Amanda. J.Forslund(&usace.army. mil.
Amanda J. Forslund
Team Lead, Manage'm6nt and Disposal Branch
Rock Island District
Real Estate Contracting Officer
Enclosures
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS, ROCK ISLAND DISTRICT
PO BOX 2004 CLOCK TOWER BUILDING
ROCK ISLAND, ILLINOIS 61204-2004
Real Estate Division
RECEIVED
21 NOV 29 PH 1: 15
City Cleric's office
Dubugi!e, IA
SUBJECT: Mississippi River Pool No. 13, Request for Consent to Easement
Structures, Contract No. DACW25-9-21-4035, Task 976587, REIN 21-2383
City of Dubuque
Attn: Adrienne N. Breitfelder, City Clerk
50 W. 13th Street
Dubuque, IA 52001
Dear Ms. Breitfelder:
Enclosed please find a fully executed copy of Consent DACW25-9-21-4035. You
should retain this document for your records. As per Condition No. 7 of the Consent, the
Consentee shall notify the Real Estate Division seventy-two (72) hours prior to the
repair and construction work for the Floodwall Repair Project. Upon completion of the
project, a mutually agreed upon date for re -inspection will be established.
Should you require any further assistance or have any questions, please contact
Ms. Laura Schnack at (309) 794-5682 or email at Laura. M. Schnacka usace.army. mil.
Sincerely,
�Laur�hnac��
Realty Specialist
Enclosures
DACW25-9-21-4035
DEPARTMENT OF THE ARMY
U.S. ARMY CORPS OF ENGINEERS
ROCK ISLAND DISTRICT
Project: Mississippi River Project, Pool 12, Dubuque County, Iowa
Tract Nos. FIA-074, FIA-087, FIA-088, FIA-089, FIA-090, FIA-091 and FIA-120
CONSENT TO EASEMENT STRUCTURES
WHEREAS, the United States has acquired a perpetual flowage easement over
Tract Nos. FIA-074, FIA-087, FIA-088, FIA-089, FIA-090, FIA-091 and FIA-120,
Mississippi River Project, Pool 12, and which was recorded in Record Book 114, Pages
1-21, in the records of Dubuque County, Iowa.
WHEREAS, the United States has been requested to give consent for the
installation, operation, and maintenance of a water pumping station to replace the
existing Bee Branch Pumping Station that is part of the Dubuque Iowa, Flood Risk
Management Project, under Section 14 of the Rivers and Harbors Act of 1899, 33
U.S.C. 408, and temporary staging and storage of construction equipment and materials
on the above identified tracts.
NOW THEREFORE, the Secretary of the Army, hereinafter referred to as
"Secretary," on behalf of the United States and under and by virtue of the administrative
authority vested in the Secretary, hereby gives consent to the City of Dubuque, Iowa, 50
W 13th Street, Dubuque, IA 52001, hereinafter referred to as "Consentee," for the
installation, operation, and maintenance of a water pumping station constituting a new
pump control building with generators, a culvert inlet structure, retaining walls and
temporary staging and storing of construction equipment and materials at the locations
shown in Exhibits A and B attached hereto, constituting 1.967 acres more or less, in
accordance with the approved project construction plans prepared by Origin Design,
previously IIW Engineering, LLC, incorporated herein by reference, and the Project
Overview shown in Exhibit C attached hereto, hereinafter referred to as the "Bee
Branch Stormwater Pumping Station."
PROVIDED HOWEVER, that this Consent is subject to the following conditions:
1. All activities conducted on the premises shall comply with all applicable Federal,
state, county and municipal laws, ordinances, and regulations wherein the premises are
located.
2. The giving of this Consent does not in any way subordinate the United States'
prior easement rights. The United States shall in no case be liable for any damage or
injury caused by the construction or installation work consented to, which may be
caused by any action of the United States under its easement, or that may result from
REIN 21-2383 Page 1 of 5 Initials: L
DAC W25-9-21-4035
future operations undertaken by the United States, and no claim or right to
compensation shall accrue from such exercise of the United States' easement rights.
3. The United States shall not be responsible for damages to property or injuries to
persons which may arise from or be incident to the exercise of the consented activity.
4. This instrument is effective only insofar as the rights of the United States in the
premises are concerned; and the Consentee shall obtain such permission as may be
required on account of any other existing rights. It is understood that this Consent does
not eliminate the necessity for obtaining any Department of the Army permit which may
be required pursuant to the provisions of Section 10 of the Rivers and Harbors Act of 3
March 1899 (30 Stat. 1151; 33 U.S.C. § 403), Section 404 of the Clean Water Act (33
U.S.C. § 1344) or any other permit or license which may be required by Federal, state,
interstate or local laws in connection with the use of the premises.
5. Consentee shall comply with and adhere to the terms and conditions set forth in
the Section 408 Request No. 408-MVR-2020-0016 and Nationwide Permits CEMVR-
RD-2021-1164, dated August 10, 2021, and CEMVR-OD-P-2020-1374, dated
September 13, 2021, all authorized by the U.S. Army Corps of Engineers, Rock Island
District.
6. If any undocumented archeological materials are encountered by the Consentee
during the construction work for the Bee Branch Stormwater Pumping Station, the
Consentee must stop work immediately and contact the Real Estate Contracting Officer
and protect the site and material from further disturbance until said officer gives
clearance in writing to proceed.
7. Consentee shall notify the Real Estate Division, Management and Disposal
Branch seventy-two (72) hours prior to the commencement of the construction work for
the Bee Branch Stormwater Pumping Station. Upon completion of the construction
work for the Bee Branch Stormwater Pumping Station, the Consentee shall notify the
Real Estate Division, Management and Disposal Branch to establish a time that is
mutually convenient, but no later than sixty (60) days after project completion, to inspect
the Bee Branch Stormwater Pumping Station to ensure compliance with the terms of
this Consent. Within one hundred eighty (180) days of the completion of the
construction work for the Bee Branch Stormwater Pumping Station, Consentee will
deliver to the Real Estate Division, Management and Disposal Branch "as -built"
drawings and GIS shapefiles.
8. The Consentee shall neither transfer nor assign this Consent, nor grant any
interest, privilege, or license whatsoever in connection with this Consent without prior
written approval of the Real Estate Contracting Officer. Failure to comply with this
condition shall constitute a noncompliance for which this Consent may be revoked
immediately by the Real Estate Contracting Officer.
REIN 21-2383 Page 2 of 5 Initials: ��
DACW25-9-21-4035
9. The terms "Real Estate Contracting Officer" and "Real Estate Division,
Management and Disposal Branch" refer to the officer/office currently located at the US
Army Corps of Engineers Rock Island District. In the event of agency reorganization,
the terms shall refer to the successor officer/office.
IN WITNESS WHEREOF, I have hereunto set my hand bV authority of the
cretary of the Army on behalf of the United States, this e23=day of
2021.
l_
ASusanC. Monson
Team Lead, Management and Disposal Branch
Rock Island District
Real Estate Contracting Officer
ACKNOWLEDGMENT
STATE OF ILLINOIS
COUNTY OF ROCK ISLAND
On this �3 `� day 2021, before me the undersigned
Notary Public, personally appeared Susan C. Monson, Real Estate Contracting Officer
for the United States Army Corps of Engineers, Rock Island District, known to me to be
the person described in the foregoing instrument, who acknowledged that she executed
the same in the capacity therein stated by authority of the Secretary of the Army and for
the purposes therein contained.
LOFFICIAL. SEAL �J _
CARRI R. NICKEL �" v
Y PUBLIC- STATE OFILLINOIS NOTARY PUBLIC
MMISSION EXPIRES 2/22/2022
My commission expires:
REIN 21-2383 Page 3 of 5 Initials: ��
DACW25-9-21-4035
The terms and conditions of this Consent are hereby accepted this 16::� day
of N- u 2021.
The undersigned, acting as an officer of the Consentee, represents and warrants
that s/he is authorized to execute this Consent without the necessity of obtaining any
other signature of any person, that the execution of this Consent has been properly
authorized by the governing body of the Consentee, and that this Consent is fully
binding on Consentee.
City of Dubuque, Iowa
By: o
Roy D. of
Mayor
ACKNOWLEDGMENT
STATE OF IOWA
COUNTY OF DUBUQUE
On this I!o"'" day of 1,1o02021, before me, a Notary Public, in
and for the State of Iowa, personally appeared Roy D. Buol, to me personally known,
who being by me duly (sworn or affirmed) did say that he is the Mayor of the City of
Dubuque, Iowa, and that said instrument was signed on behalf of the said City of
Dubuque, Iowa, by authority of its governing body and the said Roy D. Buol
acknowledged the execution of said instrument to be the voluntary act and deed of said
City of Dubuque, Iowa.
480"
€ i `%!>mmission Number 719986
Av Commission Expires .>�
___)_a •1 a NOTARY PUBLIC
(SEAL)
My commission expires: a 13 • 33
REIN 21-2383 Page 4 of 5 Initials: 112)61
DACW25-9-21-4035
I, Adrienne Breitfelder, certify that I am the City Clerk of the City of Dubuque,
Iowa, named as Consentee herein; that Roy D. Buol, who signed the Consent on behalf
of the City of Dubuque, Iowa, is the Mayor of the City of Dubuque, Iowa (Consentee);
that Roy D. Buol was duly authorized to sign and execute said Consent on behalf of
Consentee; and that execution of said Consent is within the scope of Consentee's legal
authority.
Adrienne BreitCity Clerk
felder
ACKNOWLEDGMENT
STATE OF IOWA
COUNTY OF DUBUQUE
On this j b�day of Moij d, . 6e-t� 2021, before me a Notary Public
in and for said County and State, personally appeared Adrienne Breitfelder to me
personally known, who being by me duly sworn did say that she is the City Clerk of the
City of Dubuque, Iowa and acknowledged that the execution of said instrument to be
her voluntary act and deed.
t?ISM L. GLEASON
Commission Number 719986
MvCommission Expires NOTARY PUBLIC
Oa•t .a3
(SEAL)
My commission expires: I a 13 33
REIN 21-2383 Page 5 of 5 Initials:
EXHIBIT A N
DACW25-9-21-4035 j
BEE BRANCH PUMP STATION CONSENT
o f Engineers o Army Corps MR 12: TRACTS FIA-074, 087, 088, 089, 090, 091, AND 120
of
Rock Island District PUMP STATION IMPACTED AREA: 0.198 ACRES +/-
STAGING AREA IMPACTED AREA: 1.769 ACRES
- 151 Center: 90039'12"W 42030'33"N
t _
---------- --- So, ° �e
Vreyhound Par
�R
_._..
�161 W;Sconsm Bcg. __ _ psi - ci
,Cedar Rapids �892`fl Staging Area
- Clinton o ` t \ Pump Station—,
IDS!
/
St 0-
0 12.5 25 50 e 5 / •.'
Miles t 2thst
0 E�at�s �� / _ �^
St .QQ\ z /
7
r.
gth 5t • �' % _
i I
'ih< data provlded harem Is not eased on tale research, and writalns no opinions or position with respect to till..
Dubuque
DIMAIMER - While the United States Army,Ca g Heminaf, referred to as USA has made a reasonable (� g'
effort to Insure the accuracy of the maps and associated dam, should be explicitly noted that USACE makes no wamanets, I' \/'�`�
representation or guaranty, either express or Implied, as to the contents, sequence, actuary, timeliness or completeness of
any of the dam pronged herein. The USACE, Its officers, agents, employees or servants shall assume no liability of any
nature for any errors, omissions, or Inaccuracies In the Information provided regardless of how caused. The UBACE, Its 5 'Q/
oklcem, agents, employees or semnts shall assume no liability for any decisions made or actions taken or not taken by the
srF
user of the maps and awoclated dam in reliance upon any information or dam furnished here. By using these maps and 0
bociated dam the user does so ondrely at their own risk and expllcldy acknovAedges es that he/she is aware of and agreto /
e bound by this disclaimer and agrees not to present any claim or demand of any nature against the USACE, its officers, 01� 0.25 1 0.5 1
agents, employees or servants In any forum whatsoever for airy damages of any nature whatsoever that may result from or _
may be causes In any way by the use of the maps and assodated dam. miles / 0
Dub
C
EXHIBIT B
DACW25-9-21-4035
BEE BRANCH PUMP STATION CONSENT
MR 12: TRACTS FIA-074, 087, 088, 089, 090, 091, AND 120
PUMP STATION IMPACTED AREA: 0.198 ACRES +/-
STAGING AREA IMPACTED AREA: 1.769 ACRES
'2.►N
' ��..�
AV
Vapp
AM
OEM
rI
'The data pro,,d,d herein is not based on title research, old ... lains no opinions or positions with respect to fills. `.
DISCLAIMER - Me the United States Army Corps of Engmeers,(Heminaller referred to as USACE) has made a reasonable effort to !
Insure the accuracy of the maps end associated date it should be explicitly noted that USACE make, no warremles re eantation or
p p y pre
either of re or Implied, ployeee eomman sequence. limy ofa n orwm leten y arms,
any of islons, Inacc d h o In guerenry, e express PI 9 nu, accuracy, p Y P
the USACE, n p—ld.d agents, employees ca servants shell assume no liability y of any nature for any error, o hall as or Inaooureclasor
the Infeisions presided regardless of how p. seken b The USACE, Its me"a, agents, employees or servants shell assume n. Ilablllry for
any hme decisions made in actions taken or not tartan by at user of the maps and associated data d k and explicitly upon airy finforrnoble gee or Beta
funn.he is etl hero. a using these mepb and by thistetl tleta e,a user does ao t to pry at their own m and of any
nature a a that he/
she C , ft. of entl agrees to be bound by this le In alny l and agreeo not l$ presets any s of or natudemre of any nature spays! the
USACE, its officers, e.ems, employ es or servants In any forum whatsoever far any damages of any .afore whatsoever that may result
from or may be caused In any way by the uea of the maps end essocleletl data.
US Army Corps
of Engineers
Rock Island District
-m gg
3.
a.f
Legend
/ Easement
Pump Station Impacted Area (0.198 Acres +/-)
}�• Pump Station (0.651 Acres +/-)
1 0 Proposed Staging Area (2.276 Acres +/-)
FIA-074 (0.352 Acres +/-)
FIA-087 (0.120 Acres +/-)
�k. ` / !L_, : FIA-088 (0.108 Acres +/-)
j FIA-089 (0.254 Acres +/-)
R
FIA- .1 2 Acres
+ - 090 0 3
f
- FIA-09 0.8 3 Acres 1 + - 0
EXHIBIT C
CITY OF DUBUQUE
BEE BRANCH PUMP STATION CONSENT
MISSISSIPPI RIVER POOL 12
DACW25-9-21-4035 REIN NW21-2383
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G003
STATE OF IOWA SS:
DUBUQUE COUNTY
CERTIFICATE OF PUBLICATION
I, Kathy Goetzinger, a Billing Clerk for Woodward
Communications, Inc., an Iowa corporation, publisher
of the Telegraph Herald, a newspaper of general
circulation published in the City of Dubuque, County
of Dubuque and State of Iowa; hereby certify that the
attached notice was published in said newspaper on the
following dates:
11/05/2021
and for which the charge is 59.41
Subscribed to before me, a Notary Public to and for
Dubuque County, Iowa,
this 5th day of November, 2021
\O
Notary is in and for Dubuque'County, Iowa.
R�T,'-!�c�y-on�
mmissio�n Number 199859omm. Exp. DEC 11, 2022
Ad text : CITY OF DUBUQUE, IOWA
OFFICIAL NOTICE
PUBLIC NOTICE is hereby given that the Dubuque City Council
will conduct a public hearing on the 15th day of November 2021
at 6:30 p.m. in the Historic Federal Building, 350 W. 6th
Street, 2nd floor, Dubuque, Iowa, at which time the City
Council proposes to act on the Acceptance of Consent to
Easement Structures between the City and the United States
government.
At the meeting, the City Council will receive oral and
written comments from any resident or property owner of said
City to the above action. The official agenda will be posted
the Friday before the meeting and will contain listening,
viewing, and public input options. The City Council agenda can
be accessed at
https://cityofdubuque.novusagenda.com/AgendaPublir/ or by
contacting the City Clerk's Office at 563-589-4100,
ctyclerk@cityofdubuque.org.
Copies of supporting documents for the public hearings are
on file in the City Clerk's Office, City Hall, 50 W. 13th St.,
Dubuque, Iowa, and may be viewed during normal working hours.
To comply with social distancing mandates, documents can be
viewed at https://www.cityofdubuque.org/Agendas or by
contacting the City Clerk's Office at 563-589-4100.
Written comments regarding the above public hearings may be
submitted to the City Clerk's Office via email at
ctyclerk@cityofdubuque.org or by mail to City Clerk's Office
50 W. 13th St., Dubuque, IA 52001, before said time of public
hearing. At said time and place of public hearings the City
Council will receive any written comments
Individuals with limited English proficiency, vision,
hearing or speech impairments requiring special assistance
should contact the City Clerk's Office at (563) 589-4100, TDD
(563) 690-6678, ctyclerk@cityofdubuque.org as soon as
feasible. Deaf or hard -of hearing individuals can use Relay
Iowa by dialing 711 or (800) 735-2942.
Published by order of the City Council given on the 1st day
of November 2021.
Adrienne N. Breitfelder
City Clerk
RESOLUTION NO. 382-21
SETTING DATE OF PUBLIC HEARING ON THE AGREEMENT WITH THE
ARMY CORPS OF ENGINEERS CONSENT TO EASEMENT STRUCTURES
WHEREAS, the City of Dubuque has a flood control system
along the Mississippi River; and
WHEREAS, the United States has acquired a perpetual flowage
easement over Tract Nos. FIA-074, FIA-087, FIA-088, FIA-089,
FIA-090, FIA-091 and FIA-120, Mississippi River Project, Pool
12, and which was recorded in Record Book 114, Pages 1-21, in
the records in Dubuque, Iowa; and
WHEREAS, the United States has been requested to give
consent for the installation, operation, and maintenance of a
water pumping station to replace the existing Bee Branch
Pumping Station that is part of the Dubuque, Iowa Flood Risk
Management Project; and
WHEREAS, the City of Dubuque is required to enter into an
Acceptance of Consent to Easement Structures in order to
proceed with the improvements associated with the Bee Branch
Gate and Pump Replacement Project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
A PUBLIC HEARING WILL BE HELD by the Dubuque City Council on
the 15th day of November 2021 at 6:30 p.m. in the City Council
Chambers of the Historic Federal Building, 350 W. 6th Street,
Dubuque, Iowa, at which time the City Council proposes to act
on the Acceptance of Consent to Easement Structures between
the City and the United States.
Passed, adopted, and approved this 1st day of November 2021.
/&/Roy D. Buol, Mayor
Attest: /s/Adrienne N. Breitfelder,
City Clerk
It 11/5