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Setting a Public Hearing - Ham House Lease Third AmendmentCity of Dubuque City Council Copyrighted March 2, 2026 ITEMS SET FOR PUBLIC HEARING # 3. ITEM TITLE: Setting a Public Hearing - Ham House Lease Third Amendment SUMMARY: City Manager recommending City Council set a public hearing for March 16, 2026, regarding a Third Amendment to the Lease Agreement between the City of Dubuque and Dubuque County Historical Society. RESOLUTION Fixing The Date For A Public Hearing Of The City Council Of The City Of Dubuque, Iowa On The Third Amendment To The Lease Agreement By And Between The City Of Dubuque, Iowa, And Dubuque County Historical Society And Providing For The Publication Of Notice Thereof SUGGUESTED Receive and File; Adopt Resolution(s), Set Public Hearing for DISPOSITION: March 16, 2026 ATTACHMENTS: 1. MVM Memo Setting a Public Hearing - Ham House Third Amendment to Lease Agreement 2. Staff Memo Setting Public Hearing Ham House Lease 3rd Amendment 2-2026 3. Ham House 3rd Amendment Public Hearing Lease Resolution 4. Public Notice Ham House Lease 3rd Amendment 2-2026 Page 470 of 939 Dubuque THE CITY OF uFA�a9a av DuBE 13 Masterpiece on the Mississippi zoo�•*o rP PP 2017202019 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Setting a Public Hearing - Ham House Third Amendment to Lease Agreement DATE: February 23, 2026 Parks and Recreation Director Matthew Kalcevich is recommending City Council set a public hearing for March 16, 2026, regarding a Third Amendment to the Lease Agreement between the City of Dubuque and Dubuque County Historical Society. The Parks and Recreation Commission reviewed the Third Amendment and unanimously approved the recommendation at their February 10, 2026, meeting. I concur with the recommendation and respectfully request Mayor and City Council approval. 1�14� k�4 szjzn" Mic ael C. Van Milligen MCVM:sv Attachment cc: Crenna Brumwell, City Attorney Cori Burbach, Assistant City Manager Matthew Kalcevich, Parks and Recreation Director Steve Fehsal, Park Division Manager Jared Charland, Project and Facilities Manager Kurt Strand, President and CEO Dubuque County Historical Society Page 471 of 939 OF THE CDtUB Dubuque E wa�v Wtuxzr ����I► Masterpiece on the Mississippi P PP -2013 2°017*2019 zoi�*Zoi9 TO: Michael C. Van Milligen, City Manager FROM: Matthew K. Kalcevich, Parks and Recreation Director SUBJECT: Setting a Public Hearing - Ham House Third Amendment to Lease Agreement DATE: February 20, 2026 INTRODUCTION This memorandum requests the City Council to set a public hearing for March 16, 2026, regarding a Third Amendment to the Lease Agreement between the City of Dubuque and Dubuque County Historical Society. BACKGROUND The Second Amendment was brought to the City Council on December 2, 2024. In the memo stated the following: Dubuque County Historical Society requested an extension to the Term and clarifications to the Lease Agreement. This Second Amendment allows grant funders to approve funding based upon the long-term commitment of the City and Dubuque County Historical Society to continue its current relationship as outlined in the original Lease Agreement approved in 2006. The relationship has been beneficial to both parties. The Historical Society specializes in historic structures and the interpretation of those assets. The City specializes in capital projects related to facilities owned by the City. Mathias Ham House and its buildings and grounds are owned by the City of Dubuque. The current Lease Agreement has a Term ending on May 31, 2031. The Second Amendment would extend the Term to May 31, 2054. The Second Amendment also The second amendment also clarified specifics related to the lease. The Amendment passed at this Council meeting. DISCUSSION The City provided a letter of authorization on behalf of the City of Dubuque in support of the Dubuque County Historical Society's application to the Iowa Economic Development and Finance Authority's State Historic Preservation Tax Credit Program for preservation and restoration work on the Mathias Ham House. Recently, the state provided additional Page 472 of 939 information in relation to the Iowa Economic Development and Finance Authority's State Historic Preservation Tax Credit program: In the case of a long-term lease, without the lessor's election pursuant to Treasury Regulation § 1.48-4(a)(1), the lessee's expenditures maybe qualified rehabilitation expenditures and the lessee can claim a rehabilitation credit provided certain requirements are met. However, if on the date the rehabilitation is completed, the remaining term of the lease (determined without regard to any renewal periods) is less than the recovery period determined under section 168(c), then the lessee's expenditures are not included as qualified rehabilitation expenditures. • Under I. R. C. � 168(c) the recovery period for residential rental property is 27.5 years and the recovery period for nonresidential real property is 39 years. The current Lease Agreement has a Term ending on May 31, 2054. This does not meet the 39-year requirement. The Third Amendment would extend the Term to May 31, 2066. This will meet the requirements of the State and provide an additional two years in case the process of approval in the second step of the application for tax credits takes more than a year. The Third Amendment to the Lease Agreement was reviewed and approved by Senior Counsel Barry Lindahl. The Third Amendment was reviewed, approved, and signed by the Dubuque County Historical Society. The Parks and Recreation Commission reviewed the Third Amendment and unanimously approved the recommendation at their February 10, 2026, meeting. BUDGETIMPACT There is no budgetary impact related to this Third Amendment to the Lease Agreement. ACTION REQUESTED I respectfully request the City Council set a public hearing for March 16, 2026, regarding a Third Amendment to the Lease Agreement between the City of Dubuque and Dubuque County Historical Society. Prepared by: Steve Fehsal, Park Division Manager CC: Jared Charland, Project and Facilities Manager Kurt Strand, President and CEO 2 Page 473 of 939 Prepared by Matthew Kalcevich, Parks and Recreation, 2200 Bunker Hill Road, Dubuque, IA 52001, (563) 589-4263 Return to Adrienne N. Breitfelder, City Clerk, 50 W. 13"' St., Dubuque, IA 52001, (563) 589-4100 RESOLUTION NO. 66-26 FIXING THE DATE FOR A PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA ON THE THIRD AMENDMENT TO THE LEASE AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE, IOWA, AND DUBUQUE COUNTY HISTORICAL SOCIETY AND PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF WHEREAS, City is the owner of a public facility known as Mathias Ham House (the Ham House) which is leased to Dubuque County Historical Society with a legal description of Lots 530, 1 of 531, 2 of 531 and 532 all in Hams Addition, in the City of Dubuque; and WHEREAS, Dubuque County Historic Society desires to extend the current lease period and continue to operate the Ham House; and WHEREAS, it is deemed to be in the best interest of both parties to the Lease Agreement and to the public in general that the Dubuque County Historical Society lease and operate the Ham House as a historic site. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council of the City of Dubuque, Iowa, proposes to approve the Third Amendment of the Lease Agreement to Dubuque County Historical Society. Section 2. That the City Council shall conduct a public hearing on the proposed Third Amendment to the Lease Agreement in the City Council Chambers at the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa on the 16th day of March 2026, beginning at 6:30 PM. Section 3. That the City Clerk be and is hereby authorized and directed to publish notice of the public hearing in the form attached hereto, according to law. Passed, approved, and adopted this 2nd day of March 2026. -_--Cavanagh, Mayor Attest: Adrienne N. Breitfelder"'City Clerk CITY OF DUBUQUE, IOWA OFFICIAL NOTICE PUBLIC NOTICE is hereby given that the City Council of the City of Dubuque, Iowa, will hold a public hearing on the 16th day of March, 2026 at 6:30 p.m. in the Historic Federal Building, 350 West 6th Street, second floor, Dubuque, Iowa, at which meeting the City Council proposes to approve a Third Amendment to Lease Agreement between the City of Dubuque, Iowa and the Dubuque County Historical Society for the Ham House property legal described as follows: Lots 530, 1 of 531, 2 of 531 and 532 all in Hams Addition, in the City of Dubuque.. 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 City Council agenda will be posted the Friday before the meeting and will contain public input options. The agenda can be accessed at https://dubugueia.portal.civicclerk.com/ or by contacting the City Clerk's Office at 563-589-4100, ctyclerk@cityofdubuque.org. Written comments on the public hearing may be submitted to the City Clerk's Office by email at ctyclerk@cityofdubuque.org or by mail to City Hall, 50 W. 13t" St., Dubuque, IA 52001, before the scheduled hearing. The City Council will review all written comments at the time of the hearing. Documents related to the public hearing are on file in the City Clerk's Office and may be viewed Monday through Friday between 8.00 a.m. and 5:00 p.m. Individuals requiring special assistance should contact the City Clerk's Office 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 2nd day of March, 2026. Adrienne N. Breitfelder, CIVIC, City Clerk Page 475 of 939