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.
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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
�
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-------------- ---------- -+�—�- -�---- �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 .:
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:,.�,�,•�'�,\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��
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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
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= F I = ' �=._ ' � ~ �,. '�:'H.CATEO BY CITY
CEPJTERLI�JE C�� ��, �� ` =' .�ACQUIRED BY
, t' ����r ., � � � - ='v'ELOPER (THE
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DUBUQUE �'
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DEVELOPER iT�E � �'t�� `
IPJITIAL F'R,=:�F'ERT' t ' ` , �
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ORIGIP�dAL �?�� - � ..,,�!� .
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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