Request to Vacate and Dispose of Portions of an Interest in City Owned Property by Development Agreement with Dubuque Museum of Art Copyrighted
April 20, 2026
City of Dubuque PUBLIC HEARINGS # 2.
City Council
ITEM TITLE: Request to Vacate and Dispose of Portions of an Interest in
City Owned Property by Development Agreement with
Dubuque Museum of Art
SUMMARY: Proof of Publication on notice of public hearing to consider
approval of the proposed Development Agreement between
the City of Dubuque and Dubuque Museum of Art, and the
vacating and disposal of the City Lots 623B, 648A,648B, and
Lot 2 of Woodward Place, in the City of Dubuque, to
Dubuque Museum of Art, be approved through the adoption
of the enclosed resolution and City Manager recommending
approval.
RESOLUTION Approving the Vacation and Disposal of an
Interest in Real Property Owned by the City of Dubuque by
Sale Pursuant to a Development Agreement by and between
the City of Dubuque and Dubuque Museum of Art
SUGGUESTED Receive and File; Adopt Resolution(s)
DISPOSITION:
ATTACHMENTS:
1. MVM Memo Petition to Vacate and Dispose for vacating petition with Dubuque
Museum of Art
2. 1 DUMA memo hold PH 04082026
3. 2 Resolution Disposing Interest - Approving DUMA DA 04082026 bal
4. 3 duma row vacation plat recorded
5. 4 resolution Set PH Vacating Petition (Agreement with Dubuque Museum of Art)
6. 5 DUMA DA fully executed
Page 431 of 901
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 and Dispose of Portions of the West 7th Street and Bluff
Street right of way and of the alley right of way in the block bounded by
Locust Street, West 8th Street, Bluff Street, and West 7th Street in the City
of Dubuque, lowa
For Vacating Petition (Agreement Between City of Dubuque and Dubuque
Museum of Art)
DATE: April 15, 2026
City Engineer Gus Psihoyos is recommending City Council approval of the proposed
Development Agreement between the City of Dubuque and Dubuque Museum of Art,
and the vacating and disposal of the City Lots 623B, 648A,648B, and Lot 2 of
Woodward Place, in the City of Dubuque, to Dubuque Museum of Art, be approved
through the adoption of the enclosed resolution.
The portions of the street and alley right of way areas to be vacated and disposed of are
located in the Greater powntown Urban Renewal District. Per the adopted Amended
and Restated Urban Renewal Plan for the Greater powntown Urban Renewal District,
the disposition of properties for private development purposes in the district requires
special competitive bidding procedures, which would apply to the subject street and
alley right of way areas. The accompanying resolution and notice document has been
prepared to applicable public notice and disposition requirements.
The City Council approved the platting of City Lots 623B, 648A,648B, and Lot 2 of
Woodward Place, in the City of Dubuque and the setting of a public hearing for the
approval of the development agreement and the vacation and disposal of the property
at its March 16, 2026 meeting. A copy of the recorded vacation plat and the public
hearing resolution are attached to this memo.
On March 20, 2026, notice of the April 20, 2026, public hearing was published in
compliance with lowa Code it then provided other potential developers the opportunity
to bring forward a competing proposal for development of the property. If a competing
proposal was received, the City Council could consider the two proposals and select the
proposal it determines is in the best interest of the community. No competing proposals
were submitted as of 10:00 a.m. on April 20, 2026.
Page 432 of 901
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, CE III, PE/PLS
Jill Connors, Economic Development Director
2
Page 433 of 901
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 and Dispose of Portions of the West 7th Street and Bluff
Street right of way and of the alley right of way in the block bounded by
Locust Street, West 8t" Street, Bluff Street, and West 7'" Street in the City
of Dubuque, lowa
For Vacating Petition (Agreement Between City of Dubuque and Dubuque
Museum of Art)
DATE: April 8, 2026
INTRODUCTION
This is in response to a request from property owner Dubuque Museum of Art (DUMA)
for the vacating of portions of the West 7t" Street and Bluff Street right of way and of the
alley right of way in the block bounded by Locust Street, West 8t" Street, Bluff Street,
and West 7t" Street, and between City Lots 648 thru 652 and City Lots 623 thru 627 in
the City of Dubuque, lowa, said right of way areas are legally described as City Lots
623B, 648A,648B, and Lot 2 of Woodward Place, in the City of Dubuque, adjacent to
the DUMA property in the City of Dubuque, lowa.
BACKGROUND
The City of Dubuque has entered into a tentative agreement (see fully executed
agreement attached) with DUMA for the sale of City owned property in order to
accommodate the construction of the proposed Dubuque Museum of Art building and
campus improvements. As part of that tentative 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.
DISCUSSION
At its March 2, 2026 meeting, the City Council approved the plat and accepted the
dedication of the streets and alley right of ways in and around the DUMA block, from
DUMA and Cottingham and Butler Daycare, and is now fee owner of those right of way
areas. The attached plat shows the portions of those street and alley right of way areas
proposed to be vacated and conveyed back to DUMA. The portions of the street and
alley right of way areas to be vacated are to be known as City Lots 648C, 648D, and Lot
1 B and 2A of Woodward Place, in the City of Dubuque, lowa. The street and alley right
of way areas to be vacated need to be platted. Buesing and Associates, Inc. has
prepared the attached vacation plat.
Page 434 of 901
The portions of the street and alley right of way areas to be vacated and disposed of are
located in the Greater powntown Urban Renewal District. Per the adopted Amended
and Restated Urban Renewal Plan for the Greater powntown Urban Renewal District,
the disposition of properties for private development purposes in the district requires
special competitive bidding procedures, which would apply to the subject street and
alley right of way areas. The accompanying resolution and notice document has been
prepared to applicable public notice and disposition requirements.
The City Council approved the platting of City Lots 623B, 648A,648B, and Lot 2 of
Woodward Place, in the City of Dubuque and the setting of a public hearing for the
approval of the development agreement and the vacation and disposal of the property
at its March 16, 2026 meeting. A copy of the recorded vacation plat and the public
hearing resolution are attached to this memo.
RECOMMENDATION
I am recommending approval of the development agreement and vacating and disposal
of City Lots 623B, 648A,648B, and Lot 2 of Woodward Place, in the City of Dubuque.
ACTION TO BE TAKEN
I respectfully request that the development agreement with Dubuque Museum of Art,
and the vacating and disposal of the City Lots 623B, 648A,648B, and Lot 2 of
Woodward Place, in the City of Dubuque, to Dubuque Museum of Art, be approved
through the adoption of the enclosed resolution.
Prepared by Nate Kieffer, CE III, PE/PLS
2
Page 435 of 901
Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270
Return to: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270
RESOLUTION NO. 136-26
APPROVING THE VACATION AND DISPOSAL OF AN INTEREST IN REAL
PROPERTY OWNED BY THE CITY OF DUBUQUE BY SALE PURSUANT TO A
DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE AND
DUBUQUE MUSEUM OF ART
WHEREAS, the City Council of Dubuque, Iowa, did on April 21, 2025, adopt an
Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal
District ("the Plan") for the Urban Renewal Area described therein; and
WHEREAS, the City of Dubuque, Iowa, is interested in stimulating reinvestment in
the Greater Downtown Urban Renewal District; and
WHEREAS, the Plan provides, among other things, for the disposition of properties
for private development purposes; and
WHEREAS, Dubuque Museum of Art ("Developer") has submitted to the City a
proposal in the form of an agreement (the "Development Agreement") for the purchase of
certain City -owned real property hereinafter described ("the Property"), which
Development Agreement proposes the Developer will undertake the redevelopment of
the Dubuque Museum of Art campus at 701 Locust Street as described therein, which
Property is the real estate consisting of approximately 0.200 acres in total of street and
alley right of way as shown on Exhibit A, known as City Lots 648C, 648D, and Lot 1 B and
2A of Woodward Place, in the City of Dubuque, Iowa, and which Development Agreement
requests that this Property be made available for sale as rapidly as possible; and
WHEREAS, Iowa Code Chapter 403 authorizes cities to dispose of property in
furtherance of an urban renewal project and to take other actions as may be necessary
to carry out the purposes of said Chapter, and the Plan similarly authorizes the City to
dispose of property; and
WHEREAS, in compliance with Iowa Code Section 403.8, and to the extent
required by law, Iowa Code Section 364.7, the City Council has set forth its proposal to
dispose of its interests in the Property and the City Clerk published a notice on March 20,
2026, as required by law soliciting competitive proposals for the Property; and
1
WHEREAS, as of 10:00 a.m. on April 20, 2026, the City Clerk received no competitive
proposals for the Property; 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 20th day of March, 2026, the City Council of the City of Dubuque,
Iowa met 20th 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 proposal for the sale of the Property; and
WHEREAS, the City Council believes it is in the best interest of the City of
Dubuque to approve the Development Agreement proposed by Dubuque Museum of Art
and the sale of the Property as provided in the Development Agreement.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. The Council finds that the transfer of the Property will promote the
purposes of the urban renewal law, Iowa Code Ch. 403 in the City and, together with the
other consideration provided for in the Agreement, that these benefits constitute fair value
for the City's disposal of interests in the Property under Iowa Code Section 403.8.
Section 2. The vacation of City Lots 648C, 648D, and Lot 1 B and 2A of
Woodward Place, in the City of Dubuque, Iowa, and the Development Agreement
between the City and Dubuque Museum of Art including the sale of the Property as
provided therein, are hereby approved.
Section 3. The Mayor is authorized and directed to execute said Development
Agreement on behalf of the City of Dubuque.
Section 4. That the Mayor be authorized and directed to execute a Quit Claim
Deed, and the City Clerk be and is hereby authorized and directed to deliver said deed of
conveyance to Dubuque Museum of Art.
Passed, approved and adopted this 20th day of April, 2026.
Brad M. Ca gh, Mayor
Attest:
Trish L. Gleason, Assistant City Clerk
Page 439 of 901
Plat of Survey (Vacation) of: s
CIn L 2TA OF W00 WARD P°A ET 1 B & I IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII .
I IIIIIII illlll III IIIII IIIII IIIII I II
Irl the �.It�/ of Dubuque, �OWC1 Doc ID: 011485240007 Type: GEN
Kind: VACATION
Recorded: 03/17/2026 at 04:23:31 PM
Fee Amt: $37.00 Paqe 1 of 7
INDEX LEGEND oubuque county �owa
Location: City Lots 648C,648D,and Lot 1 B&2A of Woodward Place,in the City of Dubuque,lowa Ann E. SweeneV Recorder
NE1/4 of Section 25,T89N,R2E of the 5th P.M.,Dubuque County,lowa File 2 0 2 V-00002 6 34
Requestor:Nate Kieffer-City of Dubuque
Proprietors of City Lot 623B,648A,6486,&Lot 2 of Woodward Place:
City of Dubuque 50 W 13th St. Dubuque,IA 52001
Surveyor: Terry L.Koelker-tlkoelker@buesing.com
Company: Buesing&Associates,Inc.
1212 LOCUSt St.,Dubuque,IA 52001 (563)556-4389 PREPARED BY: TERRY L. KOELKER, BUESING & ASSOCIATES
Return To: Buesing and Associates, 1212 Locust St.Dubuque,IA 52001 1212 LOCUST STREET ouauoue iown
N OTE /
THIS SURVEY IS COMPRISED OF: \ \�
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Z �N � (DEDICATED TO THE CITY q,0•� pN j� k5 �' �
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NO��O/ � � �/' / � ■ FOUND 5/8" RODSW/ORANGE CAP #15487
� � FOUND CUT V
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\ PLASTIC CAP MARKED "KOELKER 15487'
i SURVEYED BOUNDARY LINE
� �Lb PROPERTY LINE
\ = ROW = RIGHT OF WAY(ROV� LINE
EASEMENT LINE
� ' ----- CENTERLINE
� - ( ) RECORD DIMENSION
� � SF SOUARE FEET
PCL PART OF CITY LOT
SW SIDEWALK
TOC TOP OF CURB
NOTES
1.ALL MEASUREMENTS ARE IN FEET AND DECI�AALS THEREOF.
2.TOTAL AREA OF PERIMETER SURVEYED IS 0.200 ACRES (8,695 SQUARE FEET).
O� Zr'J� �JO� �OO� DETAIL• 3.hiIS PLAT IS SUBJECT TO ALL EASEMENTS OF RECORD AND NOT OF RECORD.
NOT TO SCALE 4.8EARING IS BASED FROM NAD83, ZONE 7401, IOWA NORhi COORDINATE SYSTEM.
SCALE: 1� _ �JO� I HEREBY CERTIFY THAT THIS LANO SURVEYING DOCUMENT WAS �UE�SING
\\\���0�����\,���qHp�������iij���i PREPARED AND THE RELATED SURVEY WORK WAS PERFORMED BY ME
� �e�,.eee.,S G OR UNDER MY DIRE T PERSONAL SUPERVISION AND THAT I AM A DULY ASSOCIA ES INC.
��� G � 6NC/NSBRS AND SURVBYORS
�_�;° `°;p�% LICENSED LAND SU ER THE LAWS OF TH STATE F IOWA. �y�y�p�uSi si, oueuOUE,w
��° iERRY L. e�%
_U,° �� (563)558-4389
_�� KOELKER ��_ J� DRAWN BY: JCH & JJL CHECKED BY: TLK
� � 15487 ` = � RY L. (DATE)
� LICENSE MBER 15487 SURVEY DATE: 3/02/2023 PLOT DATE: 02/10/2026
�ii��///%/,/"'OI�P\\�\\\\\\\�� MY LICENSE RENEWAL DATE IS DECEMBER 31, 2026 DWG. N0. 25197-01 VAC SCALE: 1" = 50�
SHEETS COVERED BY THIS SEAL : SHEETS 1 & 2 SHEET 1 OF S
� C ity En�i n��4��`�'�
Sheet 2 of 5
Survevor's Certificate
Dubuque, lowa
I, Terry L. Koelker, 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 Wt:
City Lots 623B, 648A, 648B, & Lot 2 of Woodward Place, in the City of Dubuque, lowa
This survey was performed for the purpose of subdividing and platting said real estate, henceforth to be known
as CITY LOTS 648C, 648D, AND LOT 1 B �2A OF WOODWARD PLACE in the City of Dubuque, lowa.
Total area of CITY LOTS 648C, 648D, AND LOT 1 B � 2A OF WOODWARD PLACE is 0.200 acres (8,695
square feet). Total area of CITY LOTS 648C is 0.004 acres (169 square feet). Total area of CITY LOT 648D is
0.075 acres (3,292 square feet). Total area of LOT 1 B OF WOODWARD PLACE is 0.118 acres (5,122 square
feet). Total area of LOT 2A OF WOODWARD PLACE is 0.003 acres (112 square feet). Lot areas are, more or
less, and all Lots are 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.
�----
BY� � :� 1,g l� �
Terry L. o Iker Date
Licensed Land Surveyor
License No. 15487 License Renewal Date: 12/31/26
Page 441 of 901
Sheet 3 of 5
Owner's Consent
Dubuque, lowa o�l`C11 � , 2026
The foregoing Plat of Survey (Vacation) of: CITY LOTS 648C, 648D, AND LOT 1 B 8� 2A OF WOODWARD
PLACE, in the City of Dubuque, lowa, is made with the free consent and in accordance with the desires of the
undersigned owners and proprieto�s of said real estate. CITY LOTS 648C, 648D, AND LOT 1B 8 2A OF
WOODWARD PLACE, in the City of Dubuque, lowa to be vaca
�
(�'�ayer �r� Terrl�Aay�e�of the City of ubuque IA
,� , _
�n1L
C;ty �g Clerk of the City of Dubuque, IA
State of Iowa )
)
County of Dubuque ) ss:
On this��day of Yl'l�lr� , A.D. 2026, before me, the undersigned, a Notary Public in and for the
State of lowa, personally appeared B�ed-�ava� is the AA�a�ya��and Adrienne N. Breitfelder is the,�cting Clerk
for the City of Dubuque, lowa me personally known, who being by me duly sworn did say that said�
Eavarragh�and Adrienne N. Breitfelder that the above instrument was signe�n behalf of said Corporation by
authority of its Board of Directors, and that said 's the 11A�e�yer and Adrienne N. Breitfelder is the
�g Clerk for the City of Dubuque, lowa acknowledged the execution of said instrument to be the voluntary
act and deed of said Corporation by it voluntarily executed.
Witness my hand and Notarial Seal on the date above written.
otary Public in and for the State of lowa
�,.•� �.o TUSDEE LYNN BWS
��% Commbslon Nue�ba M2�7Y
,aw„ My Comm.Fa�p.
�Dav`�d T Resn;cl�
��mayor ��e �Tem
Page 442 of 901
Sheet 4 of 5
CitV of Dubuque Planning Services
Dubuque, lowa ./�',�� �P , 2026
The foregoing Plat of Survey (Vacation) of: CITY LOTS 648C, 648D, AND LOT 1 B � 2A OF WOODWARD
PLACE, in the City of Dubuque, lowa, is hereby approved by City Planner of the City of Dubuque, lowa, and
approval of said plat by the City Council of the City of Dubuque is hereby recommended.
Planning Services Departm t
�
� PI ner of t ub e, IA �
Citv of Dubuque, lowa -7
Dubuque, lowa Arth / , 2026
The undersigned, �is the{dFa�reFand Adrienne N. Breitfelder is the Clerk of the City of
Dubuque, lowa, do hereby certify that the foregoing Plat of Survey (Vacation) of: CITY LOTS 648C, 648D,
AND LOT 1B �2A OF WOODWARD PLACE, in the City of Dubuque, lowa, on (no,r�h 1�� aJdb
as resolution# 79 -a 6 and that the City Council of t City of Dubuque, lowa approves said plat.
1 K
V
(�larcr P�o Te.m�f�dFayarof the Ciry o Dubuque, IA
C2��?�� � _
�Qc,iv� T Resn�ck Clerk of the City of Dubu e, IA
��F (1'layor Pir, Tem
Citv Assessor's Certificate
Dubuque, lowa a�r. �] , 2026
The foregoing Plat of Survey (Vacation) of: CITY LOTS 648C, 648D, AND LOT 1B � 2A OF WOODWARD
PLACE, in the City of Dubuque, lowa was entered of record in the Office of the City Assessor of the County of
Dubuque, lowa, on the date first written above.
City sse r of Dubuq County
Page 443 of 901
Sheet 5 of 5
Countv Auditor's Certificate
Dubuque, lowa N1 GrCV11� , 2026
The foregoing Plat of Survey (Vacation) of: CITY LOTS 648C, 648D,AND LOT 1B � ZAtA� WOOt�WaRD
PLACE, in the City of Dubuque, lowa was ente�ed of record in the Office of the Dubuqw�,�ounty��ditor fh}s._
�]_day of ��a�O�P� , 2026. , _
,; -
We approve of the subdivision name or title to be recorded. �
� ''(� � ���' ,,•��:,��>
County Auditor of D buque, lowa_ -.� '�� �.
. _ 'm;� � ,{
Recorder's Certificate
Dubuque, lowa ���- , 2026
The foregoing Plat of Survey (Vacation) of: CITY LOTS 648C, 648D, AND LOT 1 B 8� 2A OF WOODWARD
PLACE, in the City of Dubuque, lowa has been reviewed by the Dubuque County Recorder.
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Page 444 of 901
Prepared by: Nate Kieffer,City of Dubuque,50 W. 13'"Street,Dubuque, IA 52001 (563)589-4270
Return to: Nate Kieffer,Ciry of Dubuque,50 W. 13'"Street,Dubuque,IA 520�1 (563}589-4270
RESOLUTION NO. 79-26
RESOLUTION APPROVING THE PLAT OF SURVEY FOR PROPOSED VACATED
STREETS AND ALLEY RIGHT OF WAY AREAS IN PARTS OF CITY LOTS 623B,
648A,6488,AND LC�T 2 OF WOODWARD PLACE, IN THE CITY OF DUBUQUE, IOWA
Whereas, there has been presented to the City Council of the City of Dubuque,
lowa, a plat dated February 18, 2026 prepared by Buesing and Associates, Inc., showing
the proposed vacated po�tions of City Lots 623B, 648A, 6486, and Lot 2 of Woodward
Place, in the City of Dubuque, lowa, said vacated portions to be hereafter known as City
Lots 648C, 648D, and Lot 1 B and 2A of Woodward Place, 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 February 18, 2026, prepared by Buesing and
Associates, Inc., relative to the real estate hereinabove described be and the same is
hereby approved, and the Mayor and City C1erk 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 16"' day of March,�2026. ,
1
1
Dav . Resnick, ayor Pro Tem
Attest: ,J ,
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Adrienne N. BreitFelder, City Clerk
Page 445 of 901
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. 79-26 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 17th day of March 2026.
�!�/'�:�� �U�;
. �+► �. Adrienne N. Breitfelder, City Clerk
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Page 446 of 901
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:
03/20/2026
and for which the charge is 357.42
Subscribed to before me, a Notary Public in and for
Dubuque County, Iowa,
this 20th day of March, 2026
Notary P
li4 in and for Dubuque County, Iowa.
JANET K. PAPE
Commission Number 199659
My Commission Expires
12/11/2028
CITY OF DUBUQUE, IOWA
OFFICIAL NOTICE
RESOLUTION NO. 88-26
RESOLUTION (1) APPROVING THE MINIMUM REQUIREMENTS, COMPETITIVE
CRITERIA, AND OFFERING PROCEDURES FOR THE DEVELOPMENT AND THE
SALE OF CERTAIN REAL PROPERTY AND IMPROVEMENTS IN THE GREATER
DOWNTOWN URBAN RENEWAL DISTRICT; (2) DETERMINING THAT THE OFFER TO
PURCHASE SUBMITTED BY DUBUQUE MUSEUM OF ART SATISFIES THE OFFERING
REQUIREMENTS WITH RESPECT TO THE REAL PROPERTY AND DECLARING THE
INTENT OF THE CITY COUNCIL TO APPROVE THE DEVELOPMENT AGREEMENT
AND SALE TO DUBUQUE MUSEUM OF ART IN THE EVENT THAT NO COMPETING
PROPOSALS ARE SUBMITTED; (3) DECLARING THE INTENT TO VACATE AND
DISPOSE OF PARTS OF CITY STREET RIGHT OF WAY BEING CITY LOTS 623B, 648A,
648B, AND LOT 2 OF WOODWARD PLACE, IN THE CITY OF DUBUQUE, IOWA, TO
BE KNOWN CITY LOTS 648C, 648D, AND LOT 1B AND 2A OF WOODWARD PLACE,
IN THE CITY OF DUBUQUE, IOWA AND (4) SOLICITING COMPETING PROPOSALS;
Whereas, the City Council of Dubuque, Iowa, did on April 21, 2025 adopt an
Amended and Restated Urban Renewal Plan for the Greater Downtown Urban
Renewal District ("the Plan") for the Urban Renewal Area described therein; and
Whereas, the Plan provides, among other things, for the disposition of properties
for private development purposes as a proposed economic development action; and
Whereas, Dubuque Museum of Art ("Developer") has submitted to the City
a proposal in the form of an agreement(the "Development Agreement") for
the purchase of certain City -owned real property hereinafter described ("the
Property"), which Development Agreement proposes the Developer will undertake
the redevelopment of the Dubuque Museum of Art campus at 701 Locust Street as
described therein, which Property is the real estate consisting of approximately
0.200 acres in total of street and alley right of way as shown on Exhibit A, to be
known as City Lots 648C, 648D, and Lot 1B and 2A of Woodward Place, in the City of
Dubuque, Iowa, and which Development Agreement requests that this Property be
made available for sale as rapidly as possible; and
Whereas, Developer has requested the vacation of portions of City Lots 623B,
648A, 648B, and Lot 2 of Woodward Place, in the City of Dubuque, Iowa, said
vacated portions to be hereafter known as City Lots 648C, 648D, and Lot 1B and 2A of
Woodward Place, in the City of Dubuque, Iowa, and the conveyance of said Property
to Developer per said Development Agreement; and
Whereas, in order to establish reasonably competitive bidding procedures for the
disposition of the Property in accordance with the statutory requirements of Iowa
Code Chapter 403, specifically, Section 403.8, and to assure that the City extends
a full and fair opportunity to all developers interested in submitting a proposal, a
summary of submission requirements and minimum requirements and competitive
criteria for the Property offering is included herein; and
Whereas, said Developer has signed a Development Agreement with the City,
currently on file at the Office of the City Clerk; and
Whereas, to recognize both the firm proposal for sale of the Property and
improvements already received by the City in the form of the Development
Agreement, as described above, and to give full and fair opportunity to other
developers interested in submitting a proposal for the sale and development of the
Property, this Council should by this Resolution:
1) Setthe fair market value of the Property for uses in accordance with
the Plan;
2) Approve the minimum requirements and competitive criteria
included herein;
3) Approve as to form the Development Agreement;
4) Set a date for receipt of competing proposals and the opening
thereof;
5) Declare that the proposal submitted by Developer satisfies the
minimum requirements of the offering, and that in the event no other
qualified proposal is timely submitted, that the City Council intends
to accept such proposal and authorize the City Manager to sign the
Development Agreement;
6) Approve and direct publication of a notice to advise any other person
of the opportunity to compete for sale of the Property on the terms
and conditions set forth herein; and
7) Declare that in the event another qualified proposal is timely
submitted and accepted, another and future notice will be published
on the intent of the City to enter into the resulting contract, as
required by law;
and
Whereas, the City Council believes it is in the best interest of the City
and the Plan to act as expeditiously as possible to sell the Property as
set forth herein; and
Whereas, there has been presented to the City Council of the City of Dubuque,
Iowa, a plat dated February 18, 2026 prepared by Buesing and Associates, Inc.,
showing the proposed vacated portions of City Lots 6238, 648A, 648B, and Lot
2 of Woodward Place, in the City of Dubuque, Iowa, said vacated portions to be
hereafter known as City Lots 648C, 648D, and Lot 1B and 2A of Woodward Place, in
the City of Dubuque, Iowa ; 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 upon approval of vacation, the Property shown on Exhibit
A attached hereto, shall be offered for sale in accordance with the terms and
conditions contained in this Resolution.
Section 2. That it is hereby determined that in order to qualify for consideration
for selection, any person must submit a proposal which meets these minimum
requirements:
1) Contains an agreement to purchase the Property, shown on Exhibit
A, to be known as City Lots 648C, 648D, and Lot 1B and 2A of
Woodward Place, in the City of Dubuque, Iowa, at not less than good
and valuable consideration;
2) States the redeveloped property will be used as community health
and related office facilities;
3) Sets out or provides to the satisfaction of the City Council the
experience of the principals and key staff who are directly engaged
in the performance of contract obligations in carrying out projects of
similar scale and character; and
4) Meets, at a minimum, the terms and conditions of the Development
Agreement submitted by the Developer.
Section 3. That the Development Agreement by and between the City and the
Developer was tentatively approved via City Council resolution No. 58-26 for the
purposes hereinafter stated.
Section 4. That for the purpose of defining the offering of the Property for
sale, said Development Agreement shall be deemed to be illustrative of the terms
acceptable to the City with respect to:
1)Developer and City obligations; and
2) General terms and conditions.
Section 5. Thatthe Development Agreement submitted by the Developer satisfies
the requirements of this offering and, in the event that no other qualified proposals
are timely submitted, that the City Council intends to accept and approve the
Development Agreement.
Section 6. That it is hereby determined that the Developer possesses the
qualifications, financial resources and legal ability necessary to purchase the
Property shown on Exhibit A and to construct, manage and operate the site in the
manner proposed by this offering in accordance with the Plan.
Section 7. That the City Clerk shall receive and retain for public examination the
attached Development Agreement submitted by the Developer and, in the event
no other qualified proposals are timely submitted, shall resubmit the Development
Agreementto the City Council for final approval and execution upon expiration of the
notice hereinafter prescribed.
Section 8. That the action of the City Council be considered to be and does
hereby constitute notice to all concerned of the intention of this Council, in the
event that no' other qualified proposals are timely submitted, to accept the proposal
of the Developer to purchase the Property shown on Exhibit A and to approve the
Development Agreement by and between City and Developer.
Section 9. Thatthe official notice of this offering and of the intent of the City, in the
event no other qualified proposals are timely submitted, to approve the Development
Agreement, shall be a true copy of this Resolution, but without the attachments
referred to herein.
Section 10. That"the City Clerk is authorized and directed to secure immediate
publication of said official notice in the Telegraph Herald, a newspaper having a
general circulation in the community, by publication of the text of this Resolution on
or before the 20th day of March, 2026.
Section 11. That written proposals for the sale of the Property shown on Exhibit
A, to be known as City Lots 648C, 648D, and Lot 1B and 2A of Woodward Place, in
the City of Dubuque, Iowa, will be received by the City Clerk at or before 10:00 a.m.,
April 20, 2026, in the Office of the City Clerk, located on the first floor at City Hall, 50
West 13th Street, Dubuque, Iowa 52001. Each proposal will be opened at the hour of
10:00 a.m. in City Hall, Dubuque, Iowa on April 20, 2026. Said proposals will then be
presented to the City Council at 6:30 p.m., (same date as opening), 2026, at a meeting
to be held in the City Council Chambers, Historic Federal Building at 350 West 6th
Street, Dubuque, Iowa.
Section 12. That the method of offering the Property for sale as set forth herein
is in substantial conformance with the provisions of Iowa Code Section 403.8,
requiring reasonable competitive bidding procedures as are hereby prescribed and
"fair value."
Section 13. Thatthe required documents forthe submission of a proposal shall be
in substantial conformity with the provisions of this Resolution.
Section 14. That the City Clerk is hereby nominated and appointed as the agent
of the City of Dubuque, Iowa to receive proposals for the sale of the Property on
that date and according to the procedure hereinabove specified for receipt of such
proposals and to proceed at such time to formally acknowledge receipt of each
of such proposal by noting the receipt of same in the Minutes of the Council; that
the City Manager is hereby authorized and directed to make preliminary analysis
of each such proposal for compliance with the minimum requirements established
by this Council hereinabove. For each proposal that satisfies these requirements,
the City Council shall judge the strength of the proposal by the competitive criteria
established hereinabove. The City Council shall then make the final evaluation and
selection of the proposals.
Section 15. If, and only if, competing proposals are received and determined by
the Council to meet the minimum requirements described herein, the Developer
shall be allowed to amend its proposal in response thereto and to deliver same to the
City Manager, by no later than a date determined by the City Council. In such event,
the Council shall schedule a subsequent meeting to be held by the City Manager at
which there shall be a bid -off conducted by the City Manager. During such bid -off,
each competing bidder shall bid againstthe other, starting with the second proposal
received and continuing until such time as each bidder shall decline to improve its
proposal to acquire and redevelop the Property shown on Exhibit A in response to
the last bid of the other bidder or bidders. The period of time to be allowed for such
bid -off shall be determined by the City Manager. The rules of such bid -off shall be
as determined by the City Manager at or before such bid -off period and shall be
absolute.
Section 16. That in the event another qualified proposal is timely submitted and
accepted by the City, another and further notice shall be published of the intent of
the City of Dubuque, Iowa, to enter into the resulting agreement, as required by law.
Section 17. That the City of Dubuque intends to vacate City Lots 648C, 648D, and
Lot 1B and 2A of Woodward Place, in the City of Dubuque, Iowa.
Section 18. That a public hearing, and/or by virtual means, on the intentto vacate
City Lots 648C, 648D, and Lot 1B and 2A of Woodward Place, in the City of Dubuque,
Iowa, is hereby set for the 20th day of April, 2026 atthe 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 16th day of March, 2026.
/s/David T. Resnick, Mayor Pro Tem
Attest: /s/Adrienne N. Breitfelder, City Clerk
EXHIBIT A
THE PROPERTY
Piot of Survey (Vocation) of:
are LOTS 64SC, 648D, AND LOT 1e &
ZA OF WOODWARD PLACE
in mo City of Dubuque. Iowa
DIZZLIERAD
A3Y. A.ING