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Petition to Vacate a Portion of West 6th Street Right of Way known as City Lot 61B, in the City of Dubuque, Iowa For Vacating Petition (Agreement Between City of Dubuque and Gronen Development, Inc. for the Mixed-use Building Project at the Corner of W Copyrighted April 6, 2026 City of Dubuque PUBLIC HEARINGS # 3. City Council ITEM TITLE: Petition to Vacate a Portion of West 6th Street Right of Way known as City Lot 61 B, in the City of Dubuque, lowa For Vacating Petition (Agreement Between City of Dubuque and Gronen Development, Inc. for the Mixed-use Building Project at the Corner of West 5th and Main Streets) SUMMARY: Proof of publication on notice of public hearing to consider City Council adopt the resolution for vacating of city interest in the street right of way property described as City Lot 61 B, in the City of Dubuque, lowa, and City Manager recommending approval. RESOLUTION Vacating A Portion Of City Lot 62A, In The City Of Dubuque, lowa, Being A Part The West 6th Street Right Of Way, Legally Described As Lot 61 B, In The City Of Dubuque, lowa SUGGUESTED Receive and File; Adopt Resolution(s) DISPOSITION: ATTACHMENTS: 1. MVM Memo Petition to Vacate a Portion of West 6th Street Right of Way known as City Lot 61 B for mixed use building project 2. 1 gronen notch vacate memo hold PH 3. 2 gronen notch Resolution Vacating 4. 3 gronen kilbourne vacate plat recorded 5. 4 cc resolution set ph row vacation gronen kilbourne 6. 5 gronen First Amend to DA fully executed Page 1270 of 2358 Dubuque THE CITY OF � uhA�eMa cin DuB E ; . � , I � � I. Maste iece on the Mississi t 2oo�•zoiz•zois �P Pp zoi�*zoi9 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Petition to Vacate a Portion of West 6th Street Right of Way known as City Lot 61 B, in the City of Dubuque, lowa For Vacating Petition (Agreement Between City of Dubuque and Gronen Development, Inc. for the Mixed-use Building Project at the Corner of West 5t" and Main Streets) DATE: April 1, 2026 City Engineer Gus Psihoyos is recommending City Council adopt the resolution for vacating of city interest in the street right of way property described as City Lot 61 B, in the City of Dubuque, lowa. The City executed a Development Agreement with Gronen Development, Inc. last year on March 17, 2025, for the development of a mixed-use building at the corner of 5th and Main Streets. The project will provide 8,000 square feet of first-floor commercial space and at least eighty (80) rental residential units at an investment of approximately $24,000,000. Since the execution of the Development Agreement, the Gronen team has worked with City staff and identified an additional small area of land (which we are referring to as the "Notch") that is required to "square off' the northeast corner of the property. In order for the City to convey that property, a First Amendment to the Development Agreement is required. The Amendment has been prepared in order to allow for the following: • Adding new land to the project (the "Notch"). • Establishing easement areas and revocable and irrevocable license areas. • Imposing new infrastructure, utility, and permitting obligations. • Establishing required bonding, inspections, and platting procedures. • Creating mechanisms for early site access. Included in the licenses to be granted for private improvements on public right of way are two electric meter banks and two electric transformers (one meter bank and transformer on the north side of the building in the West 6t" Street right of way and one meter bank and transformer on the west side of the building in the alley right of way). Per the First Amendment document, if the City requires relocation of the transformers or meter banks to accommodate a public improvement project, the City will assume the cost of the relocation. Page 1271 of 2358 I concur with the recommendation and respectfully request Mayor and City Council approval. v Mic ael C. Van Milligen MCVM:sv Attachment cc: Crenna Brumwell, City Attorney Cori Burbach, Assistant City Manager Gus Psihoyos, City Engineer Nate Kieffer, PE/PLS 2 Page 1272 of 2358 Dubuque THE CITY OF � All•Merioa Ciry D V L L xn�xai�n � I �,���� � � Maste iece on the Mississi i zao��zolz'2013 rP pp zoi�*zoi9 TO: Michael C. Van Milligen, City Manager FROM: Gus Psihoyos, City Engineer SUBJECT: Petition to Vacate a Portion of West 6th Street Right of Way known as City Lot 61 B, in the City of Dubuque, lowa For Vacating Petition (Agreement Between City of Dubuque and Gronen Development, Inc. for the Mixed-use Building Project at the Corner of West 5th and Main Streets) DATE: March 30, 2026 INTRODUCTION This is in response to a request from Gronen Development, Inc. (Gronen) for the vacating of a portion of the West 6t'' Street right of way, said right of way area legally described as City Lot 61 B, in the City of Dubuque, lowa. BACKGROUND The City executed a Development Agreement with Gronen Development, Inc. last year on March 17, 2025 for the development of a mixed-use building at the corner of 5th and Main Streets. The project will provide 8,000 square feet of first-floor commercial space and at least eighty (80) rental residential units at an investment of approximately $24,000,000. DISCUSSION Since the execution of the Development Agreement, the Gronen team has worked with City staff and identified an additional small area of land (which we are referring to as the "Notch") that is required to "square off' the northeast corner of the property. In order for the City to convey that property, a First Amendment to the Development Agreement is required. The Amendment has been prepared in order to allow for the following: • Adding new land to the project (the "Notch"). • Establishing easement areas and revocable and irrevocable license areas. • Imposing new infrastructure, utility, and permitting obligations. • Establishing required bonding, inspections, and platting procedures. • Creating mechanisms for early site access. Included in the licenses to be granted for private improvements on public right of way are two electric meter banks and two electric transformers (one meter bank and transformer on the north side of the building in the West 6t" Street right of way and one meter bank and transformer on the west side of the building in the alley right of way). Per the First Amendment document, if the City requires relocation of the transformers or Page 1273 of 2358 meter banks to accommodate a public improvement project, the City will assume the cost of the relocation. All other terms and conditions of the original Development Agreement remain unchanged. The City Council approved the First Amendment to the Development Agreement with Gronen at its March 23, 2026 meeting. In this area of the original City of Dubuque, the adjacent lot owners own to the centerline of the street and the City holds only a right of way easement. The City of Dubuque has dedicated and reserved the subject right of way areas unto itself prior to this current vacation of the "Notch" property to Gronen. At its March 16, 2026 meeting, the City Council approved the acceptance of the dedication and reservation of the right of way areas around the future Gronen property for street right of way and public utility purposes (platted as City Lots 62A and 62B). As part of the agreement, the property owner is responsible for the surveying and platting of the proposed division of the property and right of way vacation as well as all costs for publication and filing fees. The attached plat shows the portion of the street right of way area proposed to be vacated and conveyed to Gronen (the "Notch") to facilitate the mixed-use building development. The portion of the street right of way area to be vacated is to be known as City Lot 61 B, in the City of Dubuque, lowa. The street and alley right of way areas to be vacated need to be platted. Origin Design has prepared the attached vacation plat. The City Council approved the platting of Lot 61 B and the setting of a public hearing to vacate and dispose of the property at its March 23, 2026, meeting. Copies of the recorded vacation plat and public hearing resolution are attached to this memo. RECOMMENDATION I am recommending the vacating of city interest in the street right of way property described as City Lot 61 B, in the City of Dubuque, lowa through adoption of the enclosed resolution. ACTION TO BE TAKEN I respectfully request that the vacating of the street right of way property described as City Lot 61 B, in the City of Dubuque, lowa be approved through the adoption of the enclosed resolution. Prepared by Nate Kieffer, PE/PLS 2 Page 1274 of 2358 Prepared by: Nate Kieffer, City of Dubuque, 50 W. 131' Street Dubuque, IA 52001 (563) 589-4270 Return to: Adrienne Breitfelder, City Clerk, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4100 RESOLUTION NO. 120-26 RESOLUTION VACATING A PORTION OF CITY LOT 62A, IN THE CITY OF DUBUQUE, IOWA, BEING A PART THE WEST 6T" STREET RIGHT OF WAY, LEGALLY DESCRIBED AS LOT 61B, IN THE CITY OF DUBUQUE, IOWA Whereas, the City of Dubuque has entered into an agreement with Gronen Development Inc (Gronen) for the vacation of City Owned property comprised of a portion of City Lot 62A, in the City of Dubuque, Iowa, being a part of the West 6th Street Right of Way to accommodate the construction of Gronen's proposed mixed use building development; and Whereas, Gronen has requested the vacation of said portion of the West 6th Street right of way to facilitate the future conveyance of said property to Gronen per said agreement; and Whereas, Origin Design has prepared and submitted to the City Council a plat showing the proposed vacated portion of City Lot 62A, in the City of Dubuque, Iowa, being a part of the West 6th Street Right of Way, and assigned a lot number thereto, to be known as Lot 61 B, in the City of Dubuque, Iowa; and Whereas, pursuant to resolution and published notice of time and place of hearing, published in the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, Iowa on the 27th day of March 2026, the City Council of the City of Dubuque, Iowa met on the 6th day of April 2026, at 6:30 p.m. in the Historic Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Dubuque County, Iowa to consider the request to vacate; and Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objections, oral or written to the request to vacate; and Whereas, the City Council of the City of Dubuque, Iowa, has determined that the proposed vacation of City Lot 61 B, in the City of Dubuque, Iowa, should be approved. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the real estate described as City Lot 61 B in the City of Dubuque, Iowa, be and the same is hereby vacated. Passed, approved and adopted this 6th day of April, 2026 Attest: Adrienne N. Breitfelder, Oty Clerk Index Legend Location: Block 17 Dubuque Downtown Plaza in City of Dubuque IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Doc ID: 011487470007 Type: GEN Kind: VACATION Recorded: 03/24/2026 at 02:18:45 PM Fee Amt: $37.00 Paqe i of 7 Proprietor: City of Dubuque Dubuque County Iowa Ann E. Sweeney Recorder Requestor: Gronen Restoration 2 0 2 6�0 0 0 0 2 8 5 6 File Surveyor: Daniel L Marti(dan.marti@origin.com) Surveyor ORIGIN DESIGN CO., 137 MAIN STREET DUBUQUE, Company: IOWA 52001 PHONE:(563)556-2464 FOR R CORD R U P LAT O F S U RV EY VACAT I O N O F LOT 61 B BEING A 22.00 FEET BY 15.00 FEET RIGHT OF WAY LOCATED ON MAIN STREET IN CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA. i �i � � / � i 'oo - � r, EXISTING / ��o, R�p1 ' BUILDiNE / N23°49'36"W 10.00' N66325i / / N66°32'56"E / � _ ' 15.00' � / -���� ' '� N \� 2> �� -� 6�N o`N�� � �� �w '��2 0 i ��s�2��j 2 1 ar' � ?� Nj� � a oo`�-'- o � 1139�� , / i w�a� 1 tn I '!Z �� N66�56„� �.��62� / w�o ./1, �6'Tp' \ � i 9�� � 0 o � �6,� 9889.�,� � �5��y6• Poe � o / s66 325 �9 566 32 i , i � \ 3,Z p0 i � `• _ LOT 61 B p Q � � R.O.W.=330 SQFT � G � \ � � � 0 < 2 Gn � w \ �5°° � pQ �, �\ . � � � � � 2 �Q 0 -�, aw << <o� � �'L � \ \ � � � � � � \ \ � o � LEGEND \ J PROPERTY BOUNDARY — — EXISTING PROPERTY POB POINT OF BEGINNING LOT 61B BEING A 22.00 FEET BY 15.00 FEET RIGHT OF R.O.W. RIGHT-OF-WAY WAY LOCATED ON MAIN STREET IN THE CITY OF ( ) RECORDED AS DUBUQUE,DUBUQUE COUNTY,IOWA,MORE NORTH � SET 5/8"REBAR WITH PARTICULARLY DESCRIBED AS FOLLOWS: PURPLE PLASTIC CAP NO.22021 GRAPHIC SCALE � FOUND CUT"X" BEGINNING AT THE NORTHEASTERLY CORNER OF UNLESS OTHERWISE NOTED BLOCK 17 OF DUBUQUE DOWNTOWN PLAZA;THENCE 0 20 40 FOUND 5/8"REBAR WITH SOUTH 66°32'S6"WEST ON THE NORTHERLY LINE OF � PURPLE PLASTIC CAP NO.22021 SAID BLOCK 17, 15.00 FEET TO THE EASTERLY LINE OF SAID BLOCK 17;THENCE NORTH 23"49'36"WEST ON SAID EASTERLY LINE,22.00 FEET TO THE NORTHERLY 1"=20 SURVEYOR�S NOTES: LINE OF SAID BLOCK 17;THENCE NORTH 66'32'56" 1. FIELDWORK WAS CONDUCTED ON 7-6-2025. EAST 22.00 FEET NORTH AND PARALLEL TO THE DRAWING MAY HAVE BEEN REDUCED NORTHERLY LINE OF SAID BLOCK 17, 15.00 FEET TO 2. SURVEY WAS COMPLETED FOR GRONEN. INTERSECT THE EXTENSION OF THE EASTERLY LINE 3. BEARINGS ARE REFERENCED TO IOWA STATE PLANE NORTH, OF SAID BLOCK 17;THENCE SOUTH 23"48'37"EAST, NAD83(2011). 22.00 FEET TO THE POINT OF BEGINNING. 4. THIS SURVEY IS SUBJECT TO EASEMENTS,RESERVATIONS, RESTRICTIONS AND RIGHTS OF WAY OF RECORD AND NOT OF SAID PARCEL CONTAINS 330 SQUARE FEET MORE OR RECORD. LESS AND IS SUBJECT TO EASEMENTS OF RECORD. 5. TOTAL AREA SURVEYED IS 330 SQFT. • • I HEREBY CERTIFY THAT THIS LAND SURVEYING DOCUMENT WAS PREPARED ��������������i/ AND THE RELATED SURVEY WORK WAS PERFORMED BY ME OR UNDER MY O�' '� ``\���o�(-SgIONq� '��''' SURVEYORRUNDER THE LAWS OFA HE STATE OM IOWA.LY LICENSED LAND :�:` .., O,+ � � Q:�'' �N! FOR ORIGIN DESIGN C0. d e s i g n =4i DANIEL t.MARTI =�? , ? �����Zlo 800556-4491 origindesignco�n �a`: 22021 �rn= ��� ������ i,/ DRAWN DLM PLATNO. 3-IA-26 ��v�y j,O�'`� DANIEL L. MARTI DATE CHECKED DLM PROJ.NO. 25082 ��i��''�.., ••'� a�� f� p •' �� LICENSE N0. 22027 MY LICENSE RENEWAL DATE IS 12/31/2027 DATE 3-12-2026 SHEET 1 of 2 ��/����0'WA 1,`�\��` pqGES OR SHEETS COVERED BY THIS SEAL 1-2 P:�251082�DRAWINGS\SURVEY125082 VACATION PLAT OF �City �v��►ne�r 3700 age 1277 of 2358 Page 2 of 2 SURVEYOR'S CERTIFICATE I, Daniel L Marti, a Duly Licensed Land Surveyor in the State of lowa, do hereby certify that the following real estate was surveyed and platted by me or under my direct personal supervision, To Wit: Part of City Lot 62A City of Dubuque, lowa. This survey was performed for the purpose of vacating a portion of West 6th Street and platting said real estate henceforth to be known as Lot 616 in the City of Dubuque, Dubuque County, lowa.Total Area of Lot 61B contains (330 square feet). Lot areas are more or less, and subject to easements, reservations, restrictions, and rights-of-way of record and not of record, the plat of which is attached hereto and made a part of this certificate. Page 1278 of 2358 Page 1 of 3 OWNER'S CONSENT Dubuque, lowa mOt�`C�---�3----, 2026 The foregoing plat of Lot 616 in the City of Dubuque, lowa, is made with the free consent and in accordance with the desires of the undersigned owners and proprietors of said reai estate and all of the City Lot 616 all lying within West 6th Street, in the City of Dubuque, lowa.We hereby vacate City Lot 61B to the City of Dubuque. FOR THE CITY OF DUBUQUE, IOWA B ---- ---- ---------------------- Brad M. Ca h, Mayor BY����� -- - ----------------- Adrienne Breitfelder, City Clerk UNIVERSAL NOTARY CERTIFICATE CApACITY CLAIMED BY SiGNER STATE OF �� a`"] INDIVIDUAL �_CORPORATE FFICE {5) CCIUNTY O� (�ypr� C;� ef�_{Title) rd " /� �(,, 'T On this(�day ai /- �u✓V � ,2b26,bebre me,the tCORP SEAL) un a Not Pub�c In r ld � AFFIXED appea�fed Y'�ryM, � �`'�o�����n,OR — �v�d to me on the basls ot sF�ory evldence to be the —w0 SEAL PROCURED persati(s)whoe�name(s)1$l�e subscrtbed to the withln Ir�strument _pARTNER(S)_LIMITED_GENERAL and�ta me that helsheltt�ey executed the s�ne in _ATTORNEY-IN-FACT his/herRheir authorized capacity(j�,and that by hisJher/their signature(s}�the lnstrument the person(s)aded,executed tAe —TRUSTEE(S) instrument. GUARDIAN/�ONSERVATOR OTHER (Notery seal) — ��1°"�k� SIGNER IS REPRESENTING C-hl/�0� �Y'�W►1 lA.l��' ..{/.�. , 1,p (PrinMype name) �,}V 01 ���U Q lA G Natary Pub/c In and torihe State of lowa CREIUNA BRUMWELL �s� Commission Number 743873 , ' l\C r���^is on lr Page 1279 of 2358 Page2of3 CITY OF DUBUQUE. IOWA Dubuque, lowa _�f�__�� _ 2026 -----_ , The undersigned, Mayor and Clerk of the City of Dubuque, lowa, do hereby certify that the foregoing plat Lot 616 in the City of Dub ue, loyva, has been filed in the office of the Clerk of the City of Dubuque, and that by Resolution No. _��_�(�___the Dubuque City Council approved said plat. - --- -- -------------------- Brad M. Cava Mayor of the y of Dubuque -----\-- ----- ----- ------------------- Adrienne Breitfelder Clerk of the City of Dubuque PLANNING SERVECES Dubuque, lowa � - �__________, 2026 -- -- -2 The foregoing plat of Lot 616 in the City of Dubuque, lowa, or within the two-mile jurisdiction of the City of Dubuque, lowa, as defined under Section 354 of the Code of lowa, has been reviewed by the City Planner, (or designee) of the City of Dubuque in accordance with Article 11: Land Subdivision of the City of Dubuque Unified Development Code, and said approval has been endorsed herein on the date first written above. ---------- - ---------- ------------------ � �- - - - -- - ------'�----------- W nimo t, ' y Pla r ann' Servi e epartment City of Dubuque, lowa CITY ASSESSOR Dubuque, lowa ___�-��__________, 2026 The foregoing plat of Lot 616 was entered of record in the office of the Dubuque City Assessor this �y�----day of-�-��--------------- 2026. --------------------------------------------- 1 � -------/�------------------------------- Troy Patzner Dubuque City Assessor Page 1280 of 2358 Page3of3 COUNTY AUDITOR Dubuque, lowa _���1 _�________,2026 :,�.,� The foregoing plat of Lot 6 was entered of record in the office of the Dubuque Co,�y�,�di���his -�'�-------day of----��� -------� 2026. ,�*��' ` �`4.�����`r:�, .�r. � , � r� ,�' �p�,,�''- „ We approve of the subdivision name or title to be recorded. � � �' � : � '; .� �, � �:� i �; 5 .� �� � 1 �n � l ---- �������`�� � � � . T . , ����,, � � , ; . -------------- ---------- -+�—�- -�---- �y�",,�,' �`'�.��,� >C;w--�""�a . -- --- --- ----------------------------- Keit L y County Auditor of Dubuque, lowa RECORDER'S CERTIFICATE Dubuque, lowa ��'c,�, ��____, 2026 ------ ------- - The foregoing plat of Lot 61B has been reviewed by the Dubuque County Recorder. --------------------------------------------- �� ..�.�� ------------------- � ------------------------ 3;�*���{�� . Ann Sweeney �� ��"� • �{�� ��'%�'�� Dubuque County Recor er ��, � � u�JJ . � k � �r. ; �',� ���„�..Y .: ��,+y�� .s:`:. t�'. �#,�..�����'�. � �. `.�� ,:,s< .,v�.D�' -.,�j °s' :,.�,�,•�'�,\t �w. _ .. J y Page 1281 of 2358 Prepared by: Nate Kieffer,City of Oubuque,50 W.13'"Street,Dubuque,IA 52001,(563)589-4270 Retum to: Nate Kieffer,City of Dubuque,50 W. 131b Street,Dubuque,IA 52001 (563)589-4270 RESOLUTION NO. 97-26 RESOLUTION APPROVING THE PLAT OF SURVEY FOR PROPOSED VACATED STREET RIGHT OF WAY IN PART OF CITY LOT 62A, IN THE CITY OF DUBUQUE, IOWA Whereas, there has been presented to the City Council of the City of Dubuque, lowa, a plat dated March 13, 2026 prepared by Origin Design, showing the proposed vacated po�tion of City Lot 62A, in the City of Dubuque, lowa, said vacated portion to be hereafter known as City Lot 61 B, in the City of Dubuque, lowa ; and Whereas, said plat conforms to the laws and statutes pertaining thereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat dated March 13, 2026, prepared by Origin Design, relative to the real estate hereinabove described be and the same is hereby approved, and the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat for and on behalf of the City of Dubuque, lowa. Section 2. That the City Clerk be and is hereby authorized and directed to file said plat and certified copy of this resolution in the office of the Recorder in and for Dubuque County, lowa. Passed, approved and adopted this 23�d day of March, 2026. �� ,--. C� Bra , Mayor Attest: � 1 � � �(.�L�,� ��'�-C- , Adrienne N. Breitfelder, City Clerk Page 1282 of 2358 CERTIFICATE of tFi,e CITY CLERK STATE OF IOWA ) ) SS: COUNTY OF DUBUQUE ) I, Adrienne N. Breitfelder, City Clerk, do hereby certify that I am the duly appointed, qualified, City Clerk of the City of Dubuque, lowa, in the County aforesaid, and as such City Clerk, I have in my possession or have access to the records of the proceedings of the City Council. I do further state that the hereto attached Resolution No.97-26 is a true and correct copy of the original. In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque, lowa. Dated at Dubuque, lowa, on this 24"' day of March 2026. ..,. .. .�.�, � . , .y� r�_ �t- '`��`� _ =��c. � � '- ,i� Adrienne N. Breitfel er, City Clerk _ �F•�,;'�',,.,_'•. C�� -Vn\A ',�� •• �, ��,'�-� � �� •'\' �.._ � F`,� �r� • _ '�t��t`����; ��` -.��� � - .� � �.� . .,= �..��;, = ;, � .:,, _" , .. '�1,��a.. • �� � � 'C- .-.,`� �_ � '� `-4'� ,�-`� \�1 ��-':.. _ e �,; �'-.��� � � � A��,.�� ' . *�w..h....�� r;, - ".`�r'�a - Page 1283 of 2358 Prepared bv Nate Kieffer, Citv of Dubuque Engineerinq 50 W. 13"' St. Dubuque, IA 52001 Return to Adrienne N. Breitfelder, City Clerk, City of Dubuque 50 W. 13"' St. Dubuque, IA 52001 RESOLUTION NO. 98-26 RESOLUTION OF INTENT TO VACATE A PORTION OF CITY LOT 62A, IN THE CITY OF DUBUQUE, IOWA, BEING A PART OF THE WEST 6T" STREET RIGHT OF WAY, TO BE KNOWN AS LOT 61 B, IN THE CITY OF DUBUQUE, IOWA Whereas, the City of Dubuque has entered into an agreement with Gronen Development Inc (Gronen) for the conveyance of City Owned property comprised of a portion of City Lot 62A, in the City of Dubuque, lowa, being a part of the West 6t'' Street Right of Way to accommodate the construction of Gronen's proposed mixed use building development; and Whereas, Gronen has requested the vacation of said portion of the West 6th Street right of way and the conveyance of said property to Gronen per said agreement; and Whereas, Origin Design has prepared and submitted to the City Council a plat showing the proposed vacated portion of City Lot 62A, in the City of Dubuque, lowa, being a part of the West 6th Street Right of Way, and assigned a lot number thereto, to be known as Lot 61 B, in the City of Dubuque, lowa. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1 . That the City of Dubuque intends to vacate the right of way area to be known as Lot 61 B, in the City of Dubuque, lowa. Section 2. That a public hearing, and/or by virtual means, on the intent to vacate the right of way area to be known as Lot 61 B in the City of Dubuque, lowa, lowa is hereby set for the 6th day of April, 2026, at the Historic Federal Building, 350 W. 6�h Street, Dubuque, lowa, beginning at 6:30 p.m., and the City Clerk be and is hereby authorized and directed to cause a notice of public hearing on the intent to vacate said real estate to be published in the manner as prescribed by law. Passed, approved and adopted this 23rd day of March, 2026. %�--,`o � �Br avanagh, Mayor Attest: � ;" / % ;' % . ;>.,,� ��., .; ;�''�" ,'� �, , �G� '`��, Adrienne N. Breitfelder, City Clerk 'I Page 1284 of 2358 CITY OF DUBUQUE, IOWA OFFICIAL NOTICE PUBLIC NOTICE is hereby given that the City Council of the City of Dubuque, lowa will hold a public hearing on the 6t" day of April 2026 at 6:30 p.m. in the Historic Federal Building, 350 W. 6th Street, 2�d floor, Dubuque, lowa, at which meeting the City Council proposes to vacate a portion of the West 6t" Street Right Of Way in the City of Dubuque, lowa, to Gronen Development, Inc., said real property is more particularly described as follows: A Portion of City Lot 62A, in the City of Dubuque, lowa, to be known as Lot 61 B, in the City of Dubuque, lowa, lowa At the meeting, the City Council will receive in-person and virtual 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 public input options. The City Council agenda can be accessed at https://cityofdubuque.novusagenda.com/AgendaPublic/ or by contacting the City Clerk's Office at 563-589-4100, ctyclerk@cityofdubuque.org. At said time and place of public hearings all interested citizens and parties will be given an opportunity to be heard for or against said proposal. 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, City Hall, 50 W. 13t" 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 received by the City Clerk's Office before said time of public hearing. Copies of supporting documents for the public hearings 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 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 lowa by dialing 711 or (800) 735-2942. Published by order of the City Council given on the 16th day of March 2026. Adrienne N. Breitfelder, CMC City Clerk PageP�3$�fi38 Copyrighted March 23, 2026 City of Dubuque PUBLIC HEARING # 1. City Council ITEM TITLE: Approving a First Amendment to Development Agreement between the City of Dubuque, lowa and Gronen Development, Inc. SUMMARY: Proof of publication on notice of public hearing to consider City Council adopt the attached resolution approving the First Amendment to Development Agreement by and between the City of Dubuque, lowa and Gronen Development, Inc. for the construction of a mixed-use building at the corner of 5th and Main Streets, and City Manager recommending approval. RESOLUTION Approving A First Amendment To Development Agreement By And Between The City Of Dubuque And Gronen Development, Inc. SUGGUESTED Receive and File; Adopt Resolution(s) DISPOSITION: ATTACHMENTS: 1. MVM Memo Approving a First Amendment to Development Agreement between the City of Dubuque, lowa and Gronen Development, Inc 2. Staff Memo 3. 1 st Amendment 4. Resolution of Approval Page 'P�eo#�fi38 Dubuque THE CITY OF � uF�.e�a cih DuB E ; . � , I � � I. Maste iece on the Mississi i Zoo�•zoiz•zois YP pP 2017*2019 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Approving a First Amendment to Development Agreement between the City of Dubuque, lowa and Gronen Development, Inc. DATE: March 18, 2026 Economic Development Director Jill Connors is recommending City Council adopt the attached resolution approving the First Amendment to Development Agreement by and between the City of Dubuque, lowa and Gronen Development, Inc. for the construction of a mixed-use building at the corner of 5t" and Main Streets. Since the execution of the Development Agreement, the Gronen team has worked with City staff and identified an additional small area of land (which we are referring to as the "Additional Property") that is required to "square off' the northeast corner of the property. In order for the City to convey that property, a First Amendment to the Development Agreement is required. The Amendment has been prepared in order to allow for the following: • Adding new land to the project (the "Additional Property"). • Establishing easement areas and revocable and irrevocable license areas. • Imposing new infrastructure, utility, and permitting obligations. • Establishing required bonding, inspections, and platting procedures. • Creating mechanisms for early site access. All other terms and conditions of the original Development Agreement remain unchanged. I concur with the recommendation and respectfully request Mayor and City Council approval. v Mic ael C. Van Milligen MCVM:sv Attachment cc: Crenna Brumwell, City Attorney Cori Burbach, Assistant City Manager Jill Connors, Economic Development Director Page 'FT1�c��fi38 Dubuque Economic Development Department THE CITY OF �" 1300 Main Street All•Ame�ico City Dubuque,lowa 52001-4763 .,��x..>v�m �� . Office(563)589-4393 U� � TTY(563)690-6678 1 I I�I http://www.cityofdubuque.org 2007�2012*2013 Masterpiece on the Mississippi 2oi�*zoi9 TO: Michael C. Van Milligen, City Manager FROM: Jill Connors, Economic Development Director SUBJECT: Approving a First Amendment to Development Agreement between the City of Dubuque, lowa and Gronen Development, Inc. DATE: March 17, 2026 INTRODUCTION This memorandum presents for City Council consideration a resolution approving a First Amendment to Development Agreement by and between the City of Dubuque, lowa and Gronen Development, Inc. BACKGROUND The City executed a Development Agreement with Gronen Development, Inc. on March 17, 2025 for the development of a mixed-use building at the corner of 5th and Main Streets. The project will provide 8,000 square feet of first-floor commercial space and at least eighty (80) rental residential units at an investment of approximately $24,000,000. DISCUSSION Since the execution of the Development Agreement, the Gronen team has worked with City staff and identified an additional small area of land (which we are referring to as the "Additional Property") that is required to "square off' the northeast corner of the property. In order for the City to convey that property, a First Amendment to the Development Agreement is required. The Amendment has been prepared in order to allow for the following: • Adding new land to the project (the "Additional Property"). • Establishing easement areas and revocable and irrevocable license areas. • Imposing new infrastructure, utility, and permitting obligations. • Establishing required bonding, inspections, and platting procedures. • Creating mechanisms for early site access. Page 'P���fi38 All other terms and conditions of the original Development Agreement remain unchanged. RECOMMENDATION I recommend the City Council adopt the attached resolution approving the attached First Amendment to Development Agreement for the construction of a mixed-use building at the corner of 5th and Main Streets. 2 Page �18�a��fi38 FIRST AMENDMENT TO DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE, IOWA AND GRONEN DEVELOPMENT, INC. This First Amendmen to Development Agreement, dated for reference purposes ''�;' day of �'i^��^� ; , 2026, is made and entered into by and between the ;,j% , the City of Dubuque, lowa (City) and Gronen Development, Inc. (Developer). WHEREAS, City and Developer entered into a Development Agreement dated for reference purposes the 17th day of March, 2025 with respect to real estate legally described as: BLK 17 DUBUQUE DOWNTOWN PLAZA, City of Dubuque, lowa, as shown on the attached Exhibit A; (the Initial Property); and WHEREAS, Developer desires to acquire additional real estate adjoining the Initial Property described as follows: That portion of the 6th Street right of way as shown on the attached Exhibit A (the Additional Property); and WHEREAS, the parties desire to amend the Development Agreement to include the Additional Property in the definition of the Property within the Development Agreement and to otherwise modify the Development Agreement to accommodate the Additional Property; and WHEREAS, the parties desire to amend the Development Agreement to include additional terms and conditions related to the development contemplated by that Agreement; and WHEREAS, the parties have reached agreement on the terms of a First Amendment and desire to set forth their agreement regarding the amendment in writing. THEREFORE, IN CONSIDERATION OF THE MUTUAL TERMS AND CONDITIONS HEREIN AND IN THE DEVELOPMENT AGREEMENT, THE PARTIES AGREE AS FOLLOWS: SECTION 1. The first Whereas clause is amended to read as follows: 03112026ba1 Page 1290 of 2358 WHEREAS, City is the owner of the following real estate located in the City of Dubuque, County of Dubuque, State of lowa, consisting of approximately .69 acres: BLK 17 DUBUQUE DOWNTOWN PLAZA, to include the Additional Property after completion of the platting process shown on Exhibit A attached hereto (the "Property"); There shall be no additional Purchase Price under Section 1.1 of the Development Agreement for the Additional Property. However, the Developer shall be required to relocate at Developer's sole cost and expense a city utility box located on the Additional Property. SECTION 2. Section 10.1 is amended to read as follows: 10.1 Minimum Improvements. Developer will make a capital investment of approximately Twenty-Four Million Dollars ($24,000,000.00) to improve the Property (the "Minimum Improvements"). The Minimum Improvements include creating eight thousand (8,000) square feet of first-floor commercial space and at least eighty (80) rental residential units. The Minimum Improvements shall also include the following: (1) Relocating the City-owned lighting controller cabinet from the location on the Additional Property to a location to be mutually agreed upon by City and Developer prior to the relocation. The relocation shall include the lighting controller cabinet and all wiring, conduit and appurtenances associated with that cabinet in such a manner as to ensure its continued operation and functionality following relocation. If the relocation is to private property of the Developer, Developer and City shall agree upon the terms of an Easement Agreement related to location of the utility box and ingress and egress for City related to maintenance, repair and replacement of the utility box, all prior to the closing of the Development Agreement. (2) City shall coordinate with Mediacom to ensure relocation (removal from the Property) of the Mediacom fiberoptic cable or other lines prior to the date of Closing. (3) Portions of Developer's project will encroach upon property owned by the City, including City right of way property. City shall grant an irrevocable license for placement of such items on City property. (a) Those items to be granted an irrevocable license include, but may not be limited to: below ground / building foundation (alley, 5t" Street, 6th Street, and Main Street Rights of Way) and above ground building (5t" Street and Main Street Rights of Way), structural eyebrows/facia. 03112026ba1 Page 'FT1�tjle��fi38 (b) Revocable license shall be granted for pedestrian area lighting located on the north fa�ade of the building (to the extent it encroaches onto City property), transformer and meter bank located in the 6t" Street right of way and a meter bank located in the alley immediately west of the Initial Property, and protective bollards on the west side of the Building. If City requires relocation of the transformer or meter banks to accommodate a public improvement project, City shall assume the cost of such relocation. (c) Developer to provide boundary survey grade encroachment exhibits for the Development Agreement to be approved by Council and recorded. (4) There is located upon the Property an irrigation/water utility, including water pump and associated electric conduit, in the southwest corner of the Property and an existing storm sewer line running through the Property. City agrees to abandon the irrigation/water utility, including water pump and associated electric conduit, and an existing storm sewer line, and Developer agrees to be responsible for removing them at Developer's cost. (5) Public Improvements. Developer shall construct, at Developer's cost, a new sanitary sewer manhole, storm sewer, storm intakes, pavement, curbing, planter, and landscaping in the 6t" Street pedestrian plaza, sidewalk and curbing replacement on the east (Main Street) and south (5t" Street) sides of the Property, and repaving of the disturbed areas of the alley adjacent to and west of the Property, consistent with the approved civil project plans, and shall dedicate the Public Improvements to City for ownership and maintenance. (6) Developer Improvements. Developer shall provide appropriate private lighting improvements on the north fa�ade of the Building to adequately and safely light the 6th street pedestrian plaza area adjacent to the property. City, at its sole discretion, shall review and approve the private lighting design. Developer shall, in perpetuity, own and maintain the private lighting improvements. SECTION 3. The following Section is hereby added to the Agreement: SECTION 19. PLANS AND PERMITS. 19.1 Developer must obtain and submit to City copies of all applicable permits necessary for the Public Improvements prior to commencing work. 03112026ba1 PageP�'�i�fi38 19.2. Developer must obtain all applicable permits and licenses required for working in the City right-of-way, if applicable. 19.3. Developer must submit to City final design plans that meet current City standards, for the Public Improvements prior to commencing work. City will review and approve such plans before work on the Public Improvements commences. If such plans are not approved, City will provide feedback regarding the modifications necessary for approval. SECTION 4. The following Section is hereby added to the Agreement: SECTION 20. BONDS. 20.1. Developer must obtain a construction bond or other suitable security for one hundred ten percent (110%) of the estimated total construction cost of the Public Improvements. 20.2. Developer must obtain a maintenance bond or other acceptable security for twenty-five percent (25%) of the estimated total construction cost of the Public Improvements. Developer must maintain this maintenance bond for two (2) years after date that the City Council accepts the completed Public Improvements. SECTION 5. The following Section is hereby added to the Agreement: SECTION 21. INSPECTIONS AND ACCEPTANCE. 21.1. City will inspect the public improvements work throughout its implementation and at its completion to ensure compliance with the approved plans and specifications. Developer must pay to the City an inspection fee in the amount of three percent (3%) of the estimated total construction cost for the public improvements. 21.2. City will conduct a final inspection upon the completion of the Public Improvements. If the inspection establishes that the Public Improvements have been completed in accordance with the approved plans and City requirements and specifications, the Public Improvements will be accepted by City Council, thus starting the two (2) year warranty period. 21.3 Repair of damaqe to alley. Developer agrees to repair any damage to the adjacent City alley caused by Developer's work at the Property. SECTION 5. The following Section is hereby added to the Agreement: SECTION 22. AGREEMENT REGARDING PLATTING PROCESS. 22.1 City and Developer agree that there is included within the Property areas 03112026ba1 PageP�3'�F�fi38 upon which City currently has an easement for public right of way (the "Right of Way Property"), as shown on Exhibit A attached hereto. City shall, at its cost, obtain a survey that separates the Right of Way Property from the balance of the Property and record such survey. The Right of Way Property shall be retained by City at closing. Thereafter or concurrently therewith, Developer shall, at its cost, obtain a survey that vacates the right of way area of the Additional Property in order to create a lot of record which can be deeded to Developer by City. Thereafter or concurrently therewith, Developer shall, at its cost, obtain a survey that incorporates the Additional Property with the Initial Property into one lot, which lot shall be the Property conveyed to Developer by City pursuant to the terms of this Agreement. SECTION 6. The following Section is hereby added to the Agreement: SECTION 23. SITE ACCESS AGREEMENT. 23.1 The parties agree that if Gronen determines to commence construction work prior to the Closing Date the parties shall enter into a Site Access Agreement , upon terms mutually agreeable to the parties, which Agreement shall allow Developer access to the Property prior to Closing to begin site preparation and construction activities. SECTION 7. All other terms and conditions of the Development Agreement shall remain in full force and effect. CITY OF DUBUQUE, IOWA �, GR EN DEVELOPMENT, INC. � g� ar d M. C�� gh, ayor By� Its Vic resident ATTEST: �� , �/' , By: L�`�^�(�G�/�riL ;'�2�y� ..i'" Adrienne Breitfelder,'City Clerk 03 l I 2026ba1 Page 1294 of 2358 EXHIBIT A PROPERTY !'� - �� EXHIBIT A, � �� - T- -• �- ,•� -� ~ • � - � �; pi:;RTI�:_ . _ � �., �� �P05� }' ��, , ; `�TREET RI�HT OF -�,. ,r ;���1 . . �� ,^,�AY TO BE = F I = ' �=._ ' � ~ �,. '�:'H.CATEO BY CITY CEPJTERLI�JE C�� ��, �� ` =' .�ACQUIRED BY , t' ����r ., � � � - ='v'ELOPER (THE �j; �'' , • , '� _ =I�IOP�I.AL ...-`,, ' . �_ r' ' F �. :�FER�� � ! - �r , ,- � �' j. i �•` -,- i� �HL � = E' .�EF;_ 'i� ,=iF � ^ - • - � � . �,� �f ` '� , , � � r � DUBUQUE �' DO'.NNTOW�� �' � �� ,`� � '� P LAZA-TO 8 E '� �� ACCIUIREa BY � 1 � � DEVELOPER iT�E � �'t�� ` IPJITIAL F'R,=:�F'ERT' t ' ` , � � .�� �� � � ORIGIP�dAL �?�� - � ..,,�!� . CENTERLIPJE OF ''` f� " _ � � ��-_ � � �- - I � � �� � = ;� ,�_-;; �:_}F �,��,,a�� . , ��� . * . �rR�,�=, TO BE � ��_ :� �t ��PL,ATTED AND S � - . . . `, �, F �-=I'JED BY CI�`� _ --�I�F �'` � � - - �. � "� �, �� r�` • �' 1; � � -L� _ w�� �. �t , ` �. � 03112026ba1 PageP�'k��fi38 Prepared by: Jill Connors, Economic Development, 50 W. 13'h Street, Dubuque IA 52001, 563 589-4393 Return to: Jill Connors, Economic Development, 50 W. 13'h Street, Dubuque IA 52001, 563 589-4393 RESOLUTION NO. 96-26 APPROVING A FIRST AMENDMENT TO DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE AND GRONEN DEVELOPMENT, INC. Whereas, the City of Dubuque, lowa (City) is the owner of the following described real property: BLK 17 DUBUQUE DOWNTOWN PLAZA, City of Dubuque, lowa (the Property) ; and WHEREAS, City has entered into a Development Agreement with Gronen Development, Inc. for the development of the Property; and WHEREAS, City is also the owner of the following described real property: That portion of the 6th Street right of way as shown on the attached Exhibit A (the Additional Property) ; and WHEREAS, the City Council, by Resolution No. 86-26, dated March 16, 2026, declared its intent to enter into a First Amendment to Development Agreement by and between the City of Dubuque, lowa, and Gronen Development, Inc.; and 1 Page 1296 of 2358 WHEREAS, pursuant to published notice, a public hearing was held on the proposed First Amendment to Development Agreement on March 23, 2025 at 6:00 p.m.; and WHEREAS it is the determination of the City Council that approval of the Development Agreement for redevelopment of the Property by Gronen Development, Inc., according to the terms and conditions set out in the Development Agreement, is in the public interest of the City of Dubuque.. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City of Dubuque intends to dispose of its interest in the foregoing-described Additional Property by Special Warranty Deed to Gronen Development, Inc. pursuant to the proposed First Amendment to Development Agreement. Section 2. That the Mayor is hereby authorized and directed to execute the Development Agreement on behalf of the City of Dubuque and the City Clerk is authorized and directed to attest to his signature. Section 3. That the City Manager is authorized to take such actions as are necessary to comply with the terms of the Development Agreement as herein approved. Passed, approved and adopted this 23�d day of March, 2026. �-'"" '� , - / Brad=1�A:-e'avanagh, Mayor Attest: � �� ,�-l/ � ��� ' � , ii L=r� ��'..�� ��;?�'�,��`�-'7 Adrienne N. Breitfelder,�City Clerk Page 1297 of 2358 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: 03/27/2026 and for which the charge is 69.50 41,?/- Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this 27th day of March, 2026 lic in and for Dubuque County, Iowa. JANET K. PAPE y Commission Number 199659 My Commission Expires 12/11/2028 Ad text : 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 6th day of April 2026 at 6:30 p.m. in the Historic Federal Building, 350 W. 6th Street, 2nd floor, Dubuque, Iowa, at which meeting the City Council proposes to vacate a portion of the West 6th Street Right Of Way in the City of Dubuque, Iowa, to Gronen Development, Inc., said real property is more particularly described as follows: A Portion of City Lot 62A, in the City of Dubuque, Iowa, to be known as Lot 61B, in the City of Dubuque, Iowa, Iowa 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://dubuqueia.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. 13th 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 23rd day of March 2026. Adrienne N. Breitfelder, CMC City Clerk RESOLUTION NO. 98-26 RESOLUTION OF INTENT TO VACATE A PORTION OF CITY LOT 62A, IN THE CITY OF DUBUQUE, IOWA, BEING A PART OF THE WEST 6TH STREET RIGHT OF WAY, TO BE KNOWN AS LOT 61B, IN THE CITY OF DUBUQUE, IOWA Whereas, the City of Dubuque has entered into an agreement with Gronen Development Inc (Gronen) for the conveyance of City Owned property comprised of a portion of City Lot 62A, in the City of Dubuque, Iowa, being a part of the West 6th Street Right of Way to accommodate the construction of Gronens proposed mixed use building development; and Whereas, Gronen has requested the vacation of said portion of the West 6th Street right of way and the conveyance of said property to Gronen per said agreement; and Whereas, Origin Design has prepared and submitted to the City Council a plat showing the proposed vacated portion of City Lot 62A, in the City of Dubuque, Iowa, being a part of the West 6th Street Right of Way, and assigned a lot number thereto, to be known as Lot 61B, in the City of Dubuque, Iowa. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque intends to vacate the right of way area to be known as Lot 61 B, in the City of Dubuque, Iowa. Section 2. That a public hearing, and/or by virtual means, on the intent to vacate the right of way area to be known as Lot 61B in the City of Dubuque, Iowa, Iowa is hereby set for the 6th day of April, 2026, at the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa, beginning at 6:30 p.m., and the City Clerk be and is hereby authorized and directed to cause a notice of public hearing on the intent to vacate said real estate to be published in the manner as prescribed by law. Passed, approved and adopted this 23rd day of March, 2026. s/Brad M. Cavanagh, Mayor Attest: /s/Adrienne N. Breitfelder, City Clerk It 3/27