11 22 21 City Council Proceedings Official_Special1
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
OFFICIAL
The Dubuque City Council met in special session at 6:30 p.m. on November 22, 2021, in
the second-floor Council Chambers of the Historic Federal Building, 350 W. 6th Street.
Present in Council Chambers: Mayor Buol; Council Members Roussell, Sprank; City
Manager Van Milligen, City Attorney Brumwell. Present via phone: Council Members
Cavanagh, Farber, Jones, Resnick.
Mayor Buol read the call and stated this is a special session of the City Council called for
the purpose of approving a Development Agreement with Setzer Properties DBQ, LLC.
PUBLIC HEARINGS
1. Resolution Approving a Development Agreement between the City of Dubuque and
Setzer Properties DBQ, LLC providing for the Sale of City-owned Real Estate to Setzer
Properties DBQ, LLC: Proof of publication on notice of public hearing to consider City Coun-
cil approval of a Development Agreement between Setzer Properties DBQ, LLC and the
City of Dubuque providing for the sale of City-owned real estate in Dubuque Industrial Cen-
ter West to Setzer Properties DBQ, LLC, and City Manager recommended approval. Motion
by Cavanagh to receive and file the documents and adopt Resolution No. 406-21 Approving
a Development Agreement between the City of Dubuque Iowa and Setzer Properties DBQ,
LLC providing for the sale of real property owned by the City of Dubuque . Seconded by
Sprank. Motion carried 7-0.
RESOLUTION NO. 406-21
APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY O F DUBUQUE
IOWA AND SETZER PROPERTIES DBQ, LLC PROVIDING FOR THE SALE OF REAL
PROPERTY OWNED BY THE CITY OF DUBUQUE
Whereas, the City Council of the City of Dubuque, Iowa, on November 1, 2021, adopted
an Amended and Restated Urban Renewal Plan for the Dubuq ue Industrial Center Eco-
nomic Development District ("the Plan") for the Urban Renewal Area described therein; and
Whereas, the Plan provides, among other activities, for the disposition of properties for
private development purposes as a proposed economic development action; and
Whereas, the City of Dubuque is the owner of the following described real property:
Lot 2 Dubuque Industrial Center North Third Addition, City of Dubuque, Iowa, except-
ing therefrom Lot 2A of Dubuque Industrial Center North Third Add ition, City of Dubu-
que, per Instrument Number 2021-00015763 in the Dubuque County Recorder’s Office;
and Lot 1-C Dubuque Industrial Center North First Addition, City of Dubuque, Iowa
(the “Property”); and
Whereas, Setzer Properties DBQ, LLC ("Developer") has submitted to the City a proposal
in the form of a Development Agreement for the purchase of the Property, which Develop-
ment Agreement proposes the Developer will undertake the construction of certain Minimum
Improvements, including a building, on the Property as described in the Development
Agreement; and
Whereas, Iowa Code Chapter 403 authorizes cities to dispose of property in furtherance
of an urban renewal project and to take other actions as may be necessary to carry out the
purposes of said Chapter, and the Plan similarly authorizes the City to dispose of property;
2
and
Whereas, in compliance with Iowa Code Section 403.8, and to the extent required by
law, Iowa Code Section 364.7, the City Council has set forth its proposal to dispose of its
interests in the Property and the City Clerk published a notice on October 22, 2021, as
required by law soliciting competitive proposals for the sale and development of the Prop-
erty; and
Whereas, as of 10:00 a.m. on November 22, 2021, the City Clerk received no competitive
proposals for the Property; and
Whereas, the City Council finds it is in the best interest of the City of Dubuque to approve
the Development Agreement proposed by Setzer Properties DBQ, LLC and the sale of the
Property as provided in the Development Agreement and that the sale of the Property will
promote the purposes of the urban renewal law, Iowa Code Ch. 403, in the City of Dubuque
and, together with the other consideration provided for in the Development Agreement, that
these benefits constitute fair value for the City’s sale of the Property under Iowa Code Sec-
tion 403.8.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Development Agreement between the City of Dubuque and Setzer Prop-
erties DBQ, LLC, including the sale of the Property as provided therein, is hereby approved.
Section 2. The Mayor is authorized and directed to execute the Development Agreement
on behalf of the City of Dubuque.
Section 3. The City Manager is authorized to take such actions as are necessary to carry
out the terms of the Development Agreement.
Passed, approved, and adopted this 22nd day of November 2021.
/s/Roy D. Buol, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
There being no further business, Mayor Buol declared the meeting adjourned at 6:35
p.m.
/s/Adrienne N. Breitfelder, City Clerk