Tiffany Court - Lead Mine Sinkhole Remediation Project: Amendment to Cooperative 28E Agreement with State of IowaCity of Dubuque
City Council Meeting
Consent Items # 21.
Copyrighted
December 20, 2021
ITEM TITLE: Tiffany Court- Lead Mine Sinkhole Remediation Project: Amendment to
Cooperative 28E Agreement with State of Iowa
SUMMARY: City Manager recommending approval for the Mayor to execute an
Amendment to the Cooperative 28E Agreement to revise the agreement
end date to June 30, 2022.
RESOLUTION Approving an amendment to the Cooperative 28E
Agreement with the Iowa Department of Agriculture and Land
Stewardship for a project to remediate and mitigate the lead mine
sinkhole subsidence at 2784 and 2792 Tiffany Court
SUGGESTED Suggested Disposition: Receive and File; Adopt Resolution(s)
DISPOSITION:
ATTACHMENTS:
Description Type
Amendment to 28E Agreement for Tiffany Court-MVM City Manager Memo
Memo
Staff Memo Staff Memo
Resolution Resolutions
Amendment 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: Tiffany Court - Lead Mine Sinkhole Remediation Project
Amendment to Cooperative 28E Agreement with State of Iowa
DATE: December 15, 2021
Dubuque
All -America City
IN
2007.2012.2013
2017*2019
In May 2021, the Mayor and City Council approved and executed a Cooperative 28E
Agreement between the Iowa Department of Agriculture and Land Stewardship and the
City to remediate the lead mine sinkhole subsidence that developed at 2784 and 2792
Tiffany Court.
The Tiffany Court Lead Mine Sinkhole Remediation Project was recently substantially
completed. The sinkhole crevice was located, excavated, and capped with a reinforced
concrete cap. The disturbed excavated area has been backfilled and rough graded.
In the spring of 2022, the contractor will need to complete finish grading and landscape
restoration work.
Since the Cooperative 28E Agreement had an end date of December 31, 2021, an
amendment is required to revise the agreement end date to June 30, 2022. All other
terms and conditions of the Cooperative 28E Agreement remain unchanged.
Assistant City Engineer Bob Schiesl recommends City Council approval for the Mayor to
execute an Amendment to the Cooperative 28E Agreement to revise the agreement end
date to June 30, 2022.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Mic ael C. Van Milligen
MCVM:jh
Attachment
cc: Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Gus Psihoyos, City Engineer
Robert Schiesl, Assistant City Engineer
THE COF
DtUB E
Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
Gus Psihoyos, City Engineer
FROM: Robert Schiesl, Assistant City Engineer
DATE: December 14, 2021
RE: Tiffany Court - Lead Mine Sinkhole Remediation Project
Amendment to Cooperative 28E Agreement with State of Iowa
INTRODUCTION
Dubuque
AII•Aneriea City
1I
2007•2012.2013
2017*2019
The purpose of this memorandum is to request approval of an Amendment to the
Cooperative 28E Agreement between the Iowa Department of Agriculture and Land
Stewardship (IDALS) and the City of Dubuque.
BACKGROUND
In May 2021, the Mayor and City Council approved and executed a Cooperative 28E
Agreement (Resolution 175-21) between IDALS and the City to remediate the lead mine
sinkhole subsidence that developed at 2784 and 2792 Tiffany Court.
DISCUSSION
The Tiffany Court Lead Mine Sinkhole Remediation Project was recently substantially
completed. The sinkhole crevice was located, excavated, and capped with a reinforced
concrete cap. The disturbed excavated area has been backfilled and rough graded.
In the spring of 2022, the contractor will need to complete finish grading and landscape
restoration work.
Since the Cooperative 28E Agreement had an end date of December 31, 2021, an
amendment is required to revise the agreement end date to June 30, 2022. All other
terms and conditions of the Cooperative 28E Agreement remain unchanged.
ACTION TO BE TAKEN
I request that the City Council approve the attached resolution authorizing the Mayor to
execute an Amendment to the Cooperative 28E Agreement between the Iowa
Department of Agriculture and Land Stewardship and the City of Dubuque for the
remediation of the lead mine sinkhole subsidence that developed at 2784 and 2792
Tiffany Court.
cc: Barry Lindahl, Senior Council
Jenny Larson, Director of Finance and Budget
Hugh McCarron, Engineering Technician
Vince Sitzmann, Mike Bourland, IDALS
Prepared by Robert Schiesl City of Dubuque Engineering 50 W. 13'h St Dubuque IA 52001 (563) 589 4270
Return to Adrienne N. Breitfelder City Clerk City of Dubuque, 50 W. 1311 St. Dubuque, IA 52001 (563) 589-4100
RESOLUTION NO. 435-21
RESOLUTION APPROVING AN AMENDMENT TO THE COOPERATIVE 28E
AGREEMENT WITH THE IOWA DEPARTMENT OF AGRICULTURE AND LAND
STEWARDSHIP FOR A PROJECT TO REMEDIATE AND MITIGATE THE LEAD MINE
SINKHOLE SUBSIDENCE AT 2784 AND 2792 TIFFANY COURT
WHEREAS, on May 17, 2021, the Mayor and City Council approved and executed
a Cooperative 28E Agreement (Resolution 175-21) between Iowa Department of
Agriculture and Land Stewardship (IDALS) and the City of Dubuque to remediate the lead
mine sinkhole subsidence that developed at 2784 and 2792 Tiffany Court; and
WHEREAS, the Cooperative 28E Agreement had an agreement end date of
December31, 2021; and
WHEREAS, IDALS and the City wish to Amend said Agreement to revise the
agreement end date to June 30, 2022; and
WHEREAS, all other terms and conditions of the Cooperative 28E Agreement
remain unchanged.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA, THAT:
SECTION 1. That the Amendment to the Cooperative 28E Agreement to remediate
and mitigate the lead mine sinkhole subsidence at 2784 and 2792 Tiffany Court is hereby
approved.
SECTION 2. That the Mayor be authorized and directed to execute said
Amendment to the Cooperative 28E Agreement.
Passed, approved and adopted this 20th day of December 2021.
J" D,
Attest: Roy D. B ol, Mayor
Adrienne N. Breitfelder, City Clerk
Preparer: Eric Dirth, Assistant Attorney General PH: 515-281-8153
IOWA DEPARTMENT of JUSTICE State Capitol Complex Des Moines IA
Return to: Vince Sitzmann, Iowa Department of Agriculture & Land Stewardship, Division of Soil
Conservation and Water Quality, 502 East 9`h Street, Henry A. Wallace, Des Moines, IA 50319-0050
FIRST AMENDMENT TO 28E AGREEMENT BETWEEN THE DIVISION OF SOIL
CONSERVATION AND WATER QUALITY and the CITY OF DUBUQUE for
FUNDING of the LEAD MINE SUBSIDENCE EMERGENCY PROJECT at 2784 and
2792 Tiffany Court in DUBUQUE, IOWA
Pursuant to Sections II (Term) and VIII (Amendment), this Amendment extends the term
of the 28E Agreement entered into on May 18, 2021, by the Division of Soil Conservation and
Water Quality and the City of Dubuque from December 31, 2021, to June 30, 2022.
This Amendment does not otherwise affect the Agreement or its terms, and the Agreement
may be further extended or otherwise amended only upon written agreement of all parties on terms
stated therein.
This Amendment is valid upon signature of all parties once filed in an electronic format
with the Secretary of State as required by Iowa Code section 28E.8(1)(b) (2021).
IN WITNESS WHEREOF, and in consideration of the mutual covenants set forth herein
and for other good and valuable consideration, the receipt, adequacy, and legal sufficiency of which
are hereby acknowledged, the parties have agreed to this Amendment and have caused their duly
authorized representatives to execute this Amendment.
DIVISION OF SOIL CONSERVATION AND WATER QUALITY
BY:
Julie Kenney, Deputy Secretary of Agriculture
Iowa Department of Agriculture & Land Stewardship
�,w.S KELLEY REECE
' Commission Number 82Z321
ow Myi io9 i. ion Aires
CITY OF DUBUQUE
DATE: LZ.120'2)
This instrument was acknowledged before me
on the deft day of (VtpMjX4- , 2021, by
Julie Kenney, Deputy Secretary of the Iowa
Department of Agriculture & Land
Stewardship.
�(2p CQ--"
Notary Pubj 'c n and for the State of Iowa
BY: � DATE:
Roy D. Aol, Mayor
This instrument was acknowledged before me
on the s�1-4 day of December , 2021, by
Roy D. Buol, Mayor.
p1 f B
_,,. „ ADNIENNE N. BHEITFELDEq
Commission Number 828858 Q
My Comm. Exp, dlty 2oa3 L
Adrienne N. Breitfelder, City Clerk
Notary Public in and for the State of Iowa