Signed Documents for 5-4-26 City Council Meeting Prepared by Matthew Kalcevich, Parks and Recreation Director,2200 Bunker Hill Road, Dubuque, IA 52001,(563)
589-4263
Return to Adrienne N. Breitfelder, City Clerk,50 W. 13fh St., Dubuque, IA 52001,(563)589-4100
RESOLUTION NO. 178-26
APPROVING A LEASE AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE
AND TRI-STATE MODELERS FOR REAL PROPERTY LOCATED IN THE CITY OF
DUBUQUE, IOWA
WHEREAS, the City of Dubuque, Iowa (City) has tentatively entered into a Lease
Agreement with Tri-State Modelers subject to City Council approval, under which Tri-State
Modelers will lease the following-described real property on 14000 N Cascade Road in
Dubuque County, Iowa (the Property):
Franklin Delano Roosevelt Park: Lot 1 of the west half of the northeast one-quarter of
Section 4, Township 88 North, Range 2 East of fifth principal meridian in Dubuque County,
Iowa and Mineral Lots 272 and 273, Lot 1 of Mineral Lot 271, Lot 1 of Mineral Lot 274,
and Lot 1 of Mineral Lot 276 in Dubuque Township, Dubuque County, Iowa; and
WHEREAS, Tri-State Modelers desires to lease the property for a term of one-year
with five (5) renewable one-year terms during the lease period and continue to operate a
remote-controlled model airplane complex; and
WHEREAS, pursuant to a published notice, a public hearing was held on the
proposed Lease Agreement on May 5, 2026; and
WHEREAS, the City Council finds that it is in the best interest of the City of
Dubuque to approve the Lease Agreement, subject to the required public hearing.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA,AS FOLLOWS:
Section 1. The Lease Agreement attached hereto is hereby approved.
it
Section 2. The Mayor is hereby authorized and directed to sign the Lease
Agreement on behalf of the City of Dubuque.
Passed, approved and adopted this 4th day of May, 2026.
Brad M. gh, Mayor
Attest:
_ aC. IS
Trish L. Gleason, Assistant City Clerk
Dubuque
THE CITY OF bed
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Masterpiece pp 2017*2019
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Public Hearing and Approval of a Lease Agreement by and Between the
City of Dubuque, Iowa and the Tri-State Modelers
DATE: April 26, 2026
Parks and Recreation Director Matthew Kalcevich is recommending City Council adopt
the attached resolution approving a Lease Agreement between the City of Dubuque,
Iowa and the Tri-State Modelers.
The Parks and Recreation Commission reviewed the proposed lease agreement and
unanimously approved at their March 10, 2026, meeting.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
iiit.htfrg WA/714:"."-..
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Mic ael C. Van Milligen
MCVM:sv
Attachment
cc: Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Matthew Kalcevich, Parks and Recreation Director
Steve Fehsal, Park Division Manager
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Dubuque
THE CITY OF ✓ *****
Medea CI
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Masterpiece on the Mississippi 2017*20o�9
P PP 2oI�*zols
TO: Michael C. Van Milligen, City Manager
FROM: Matthew K. Kalcevich, Parks and Recreation Director
SUBJECT: Public Hearing and Approval of a Lease Agreement by and Between the
City of Dubuque, Iowa and the Tri-State Modelers
DATE: April 23, 2026
INTRODUCTION
The purpose of this memo is to request the City Council to adopt the attached resolution
approving a Lease Agreement between the City of Dubuque, Iowa and the Tri-State
Modelers.
BACKGROUND
The City's current lease agreement with the Tri-State Modelers is in full effect and
expires on April 30, 2026.
DISCUSSION
The Tri-State Modelers Club have leased a portion of FDR Park for many years to
operate a remote-controlled model airplane complex.
The current lease agreement executed in 2019 is a (1) one-year lease with five (5) one-
year renewal terms and will expire on.April 30, 2026. The proposed lease is a (1) one-
year lease with five (5) one-year renewal terms and would expire on April 30, 2032, if
annually renewed.
The proposed lease agreement was reviewed, updated, and approved by the City's
Legal Department. The proposed lease agreement has also been reviewed, approved,
and signed by the Tri-State Modelers.
The Parks and Recreation Commission reviewed the proposed lease agreement and
unanimously approved at their March 10, 2026, meeting.
ACTION REQUESTED
1
I ,
I respectfully request the City Council adopt the attached resolution approving a Lease
Agreement between the City of Dubuque, Iowa and the Tri-State Modelers.
Prepared by Steve Fehsal, Park Division Manager
•
2
LEASE AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
TRI-STATE MODELERS
THIS LEASE AGREEMENT, dated for reference purposes the day of , 2026,
is made and entered into by and between the City of Dubuque, Iowa (the "City"), whose address for the
purpose of this Lease Agreement is 2200 Bunker Hill Road, Dubuque, Iowa, and Tri-State Modelers
(the "Club"), whose address for the purpose of this Lease is 1260 Alta Vista St, Dubuque, Iowa, 52001.
WHEREAS, City is the owner of a public facility known, called and named Franklin D. Roosevelt
Park (the "Park"); and
WHEREAS, Club desires to lease a section of the Park shown on Exhibit A (the "Leased
Premises") from City to fly remote controlled model airplanes; and
WHEREAS, City agrees to lease the Leased Premises to Club but only upon the terms and
conditions set forth herein.
NOW, THEREFORE, the parties hereto mutually agree as follows:
SECTION 1. TERM OF LEASE AGREEMENT. This Lease Agreement is for a term of one (1) year
commencing May 1, 2026, and terminating at midnight on April 30, 2027. This Lease Agreement shall
automatically renew upon expiration from year-to-year, for a total of five (5) one-year renewal terms,
upon the same terms and conditions, unless either party gives due and timely written notice of its desire
to terminate this Lease Agreement pursuant to Section 12.2 of this Lease Agreement.
SECTION 2. RENT. The annual rental of $300.00 must be paid to City by Club on or before the 1st
day of May, 2026, and on or before May 1 of each renewal term.
SECTION 3. USE OF THE LEASED PREMISES. Club agrees that during the term of this Lease
Agreement, the Leased Premises will be used exclusively for the flying of remote controlled Unmanned
Aerial Systems provided operators agree to comply with all federal, state, and local laws and regulations
governing such operations. Club may not allow the Leased Premises to be used by any other
individuals, groups, organizations, or agencies without the prior written permission from City's Parks
and Recreation Director.
SECTION 4. GROUNDS AND BUILDING MAINTENANCE.
4.1 Club is responsible for all roadway maintenance from the access gate to the landing strip, to the
level determined by Club for Club's use.
4.2 Club must maintain all grounds and improvements, including but not limited to grass cutting,
walkway, tree, flowerbed, and general grounds maintenance.
4.3 Club must maintain all buildings and improvements, including but not limited to interior and
exterior building repair and painting, and roof repair and maintenance.
1
4.4 Club may not make any material improvements or modifications to the Leased Premises without
the prior written approval of City's Parks and Recreation Director , and such approval will not be
unreasonably withheld.
4.5 All improvements made by Club must be built, erected, and maintained in strict conformity with
all applicable federal, state, and municipal statutes and ordinances, and rules and regulations of City's
Park and Recreation Commission.
SECTION 5. UTILITIES AND REFUSE. Club must keep the Leased Premises free of litter and trash
at all times and provide for the removal of trash from the Leased Premises. City will not provide for
trash collection.
I ,
SECTION 6. MANAGEMENT AND CONTROL. Club has the sole management authority and control
of the Leased Premises.
SECTION 7. MONIES AND CONTRIBUTIONS. Club must provide the monies required to operate,
maintain, and improve the Leased Premises.
SECTION 8. CONTROL AND ACCESS.
8.1 Except during times when Club holds events open to the public, Club must keep the control gate
to the main section of the Park closed at all times. Club must require that each club member who enters
the Park must close the gate upon entering. When club members are not present the gate must be
locked.
8.2 City will provide Club with a padlock for the control gate and distribute keys to Club.
8.3 Club must direct its members, when using the Leased Premises, to proceed directly to the
landing strip and not use the remaining sections of the Park, unless to retrieve a downed aircraft. Club
may not hold any special events at the Leased Premises without the prior written approval of City's
Parks and Recreation Director.
SECTION 9. INSURANCE. Club must maintain at all times during the term of this Lease Agreement
insurance as set forth in the attached Insurance Schedule A.
SECTION 10. INDEMNITY. Club agrees to indemnify and hold harmless City, its officers, and
employees, from any and all damages or claims whatsoever, to persons or property, arising out of this
Lease Agreement or by reason of Club's use or misuse of the Leased Premises.
SECTION 11. ASSIGNABILITY. Club may not assign or transfer any interest in this Lease
Agreement without the prior written approval of City. Such prohibition includes contracts with third
parties for custody, management, or operation of the Leased Premises or any part thereof.
SECTION 12. TERMINATION.
12.1 In the event either party fails to keep, perform, or observe in a timely and proper manner any of
its covenants or obligations under this Lease Agreement and any such violation is not cured or
remedied within thirty (30) days after the date the party receives written notice from the other party of
such failure or violation or, if not practicable to cure or remedy such failure or violation within such thirty-
day period, within such longer period as is reasonable under the circumstances, and as is specified in
such notice, then, in such event, the other party may, at its option, terminate this Lease Agreement by
2
written notice to the other. Upon termination, City has the right to enter the Leased Premises and
assume exclusive use and control thereof.
12.2 This Lease Agreement may also be terminated by either party for any reason with or without
cause upon sixty (60) days written notice
ce delivered to the other party.
12.3 Upon termination of this Lease.Agreement, for any cause whatsoever, Club, at the option of City,
agrees to surrender possession of the Leased Premises in its condition as when first leased or to
restore the leased premises to substantially the same condition, ordinary wear and tear excepted.
SECTION 13. INSPECTIONS. City reserves the right to conduct periodic inspections of the Leased
Premises for the purpose of determining whether the terms and conditions of this Lease Agreement
are being promptly and faithfully performed by Club.
CITY OF DUBUQUE, IOWA TRI-STATE MODELERS
By: By: /l�✓li
Brad M. Cavanagh, Mayor Adam Eikamp
President
By:
Adrienne N. Breitfeider, City Clerk
3
EXHIBIT A
THE LEASED PREMISES
Model Airplane Complex Maintanen'ce Area
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4
City of Dubuque Insurance Requirements for Lessees of City Property and Right of Way
Licensees or Permittees
INSURANCE SCHEDULE A
Lessee shall furnish a signed certificate of insurance to the City of Dubuque, Iowa for the
coverage required in Exhibit I prior to the lease, license,or permit commencement All lessees of
City property and right of way licensees or permittees shall submit an updated certificate
annually.Each certificate shall be prepared on the most current ACORD form approved by the
Iowa Insurance Division or an equivalent. Each certificate shall include a statement under
Description of Operations as to why the certificate was issued. Lease Agreement dated
2. All policies of insurance required hereunder shall be with an insurer authorized to do business in
Iowa and all insurers shall have a rating of A or better in the current A.M. Best's Rating Guide.
3. Each certificate shall be furnished to the Finance Department of the City of Dubuque.
4. The lessee,licensee,or permittee shall be required to carry the minimum coverageJlimits,or
greater if required by law or other legal agreement,in Exhibit I. Failure to provide the required
minimum coverage shall not be deemed a waiver of such requirements by the City of Dubuque.
5. Failure to obtain or maintain the required insurance shall be considered a material breach of the
lease, license,or permit.
6. All required endorsements shall be attached to the certificate.The certificate is due before the
contractiagreement can be approved.
7. Whenever a specific ISO form is referenced the current edition of the form must be used unless
an equivalent form is approved by the Chief Financial Officer.The lessee, licensee,or permittee
must identify and list in writing all deviations and exclusions from the ISO form.
8. If lessees, licensees, or permittee limits of liability are higher than the required minimum limits
then the lessee's,licensee's, or permittee's limits shall be this agreement's required limits.
9. Lessee, licensee, or permittee shall require all subcontractors and subcontractors to obtain and
maintain during the performance of work insurance for the coverages described in this Insurance
Schedule and shall obtain certificates of insurance from all such subcontractors and sub-
subcontractors. Lessee, licensee, or permittee agrees that it shall be liable far the failure of a
subcontractor and sub-subcontractor to obtain and maintain such coverage_The City may
request a copy of such certificates from the lessee.licensee, or permittee.
10. Lessee, license&permittees shall be responsible for deductibles and self-insured retention and
for payment of all policy premiums and other costs associated with the insurance policies
required below.
1 1. Ali certificates of insurance must include the agent's name,phone number and email address.
12. The City of Dubuque reserves the right to require complete,certified copies of all required
insurance policies,including endorsements, required by this Schedule at any time.
13. The City of Dubuque reser..es the right to modify these requirements,including limits, based on
changes in risk or other special circumstances during the term of the agreement, subject to the
written mutual agreement attached hereto.
Page 1 of 5 Schedule A Lessees of City Property'Right of Way Licensees or Permittees July 2025
5
City of Dubuque Insurance Requirements for Lessees of City Property and Right of Way
Licensees or Permittees
INSURANCE SCHEDULE A (Continued)
EXHIBIT I
A) COMMERCIAL GENERAL LIABILITY
General Aggregate Limit $2,000,000
Products-Completed Operations Aggregate Limit $1,000,000
Personal and Advertising Injury Limit $1,000,000
Each Occurrence $1,000,000
Fire Damage Limit(any one occurrence) $50,000
Medical Payments $5.000
1.) Coverage shall be written on an occurrence, not claims made,form_The general
liability coverage shall be written in accord with the ISO form CG 00 01 or
business owners form BP 00 02. Ail deviations from the standard ISO
commercial general liability form CG 0001, or Business owners form BP 00 02,
shall be clearly identified.
2) Include ISO endorsement form CG 25 04'Designated Location(sl General
Aggregate Limit_'
3) Include endorsement indicating that coverage is primary and non-contributory.
4) Include Preservation of Governmental Immunities Endorsement(Sample
attached).
5) Include additional insured endorsement for
The City of Dubuque_ including all its elected and appointed officials, all its
employees and volunteers, all its boards, commissions and'or authorities and
their board members, employees and volunteers. Use ISO form CG 20 10
{Ongoing operations)or its equivalent.
6) Policy shall include Waiver of Right to Recover from Others Endorsement_
7) Policy shall include cancellation and material change endorsement providing
thirty(30)days advance written notice of cancellation. non-renewal, reduction in
insurance coverage and/or limits and ten (10)days written notice of non-payment
of premium shall be sent to: City of Dubuque Finance Department, 50 West 1131h
Street Dubuque. Iowa 52001
B) WORKERS' COMPENSATION &EMPLOYERS LIABILITY
Statutory Benefits covering all employees injured on the job by accident or disease as
prescribed by Iowa C-ode Chapter 85.
Coverage A Statutory—State of Iowa
Coverage B Employers Liability
Each Accident $100.000
Each Employee-Disease $100,000
Policy Limit-Disease $500,000
Policy shall include Waiver of Right to Recover from Others endorsement.
Coverage B limits shall be greater if required by the urr:brellasexcess insurer.
OR
I'f. by Iowa Code Section 85.1A, the lessee, licensee. or permittee is not required to
purchase Vtlorlcers'Compensation Insurance.the lessee, licensee,or permittee shall
have a copy of the State's Nonelection of Workers'C-ompensation or Employers' Liability
Page 2 of 5 Schedule A Lessees of City Property: Right of Way Licensees or Permittees July 2025
6
City of Dubuque Insurance Requirements for Lessees of City Property and Right of Way
Licensees or Permittees
Coverage form on file with the Iowa Workers Compensation Insurance Commissioner, as
required by Iowa Code Section 87.22. Completed form must be attached.
C) AUTOMOBILE LIABILITY
Coverage required: _Yes X No
Combined Single Limit $1,000,000
Coverage shall include all owned, non-owned,and hired vehicles. If pemiittees do not
own any vehicles,coverage is required on non-owned and hired vehicles.
1) Policy shall include Waiver of Right to Recover from Others endorsement.
D) POLLUTION LIABILITY
Coverage required: _Yes Z3 No
Pollution liability coverage shall be required if the lessee,contracting party,or permittee
has any pollution exposure for the abatement of hazardous or contaminated materials
including,but not limited to, petroleum products,the removal of lead,asbestos.or PCBs.
Pollution products and completed operations coverage shall also be covered.
Each occurrence $2,000,000
Policy Aggregate $4,000,000
1) Policy to include job site and transportation coverage.
2) Include additional insured for:
The City of Dubuque,including all its elected and appointed officials, all its
employees and volunteers,all its boards, commissions and/or authorities and
their board members,employees and volunteers.Use ISO form CG 2010.
(Ongoing operations)or its equivalent and CG2037(completed operations)or
its equivalent.
3) Include Preservation of Governmental Immunities Endorsement_
4) Provide evidence of coverage for 5 years after completion of project.
5) Include endorsement indicating that coverage is primary and non-contributory.
6) Policy shall include waiver of right to recovery from others endorsement.
E) PROPERTY INSURANCE REQUIRED BY LEASE, LICENSE,OR PERMIT
Yes
Amount $
Include the Ci`y ref Dubuque as Lender Loss Payable_
F) RIGHT-OF-WAY WORK ONLY:
U MBRELLA"EXCESS $1,000,000
Yes No
The General Liability,Automobile Liability and Employer's Liability insurance
requirements may be satisfied with a combination of primary and Umbrella or Excess
Liability Insurance. If the Umbrella or Excess Insurance policy does not follow the form of
Page 3 of 5 Schedule A Lessees of City Property:Right of Way Licensees or Permittees July 2025
7
City of Dubuque Insurance Requirements for Lessees of City Property and Right of Way
Licensees or Permittees
the primary policies, it shall include the same endorsements as required of the primary
policies including but not limited to Waiver of Subrogation AND Primary and Non-
contributory in favor of the City_
G) FLOOD INSURANCE
Yes X No
If Required Coverage $
Page 4 of 5 Schedule A Lessees of City Property:Right of'Nay Licensees or Permittees July 2025
8
City of Dubuque Insurance Requirements for Lessees of City Property and Right of Way
Licensees or Permittees
Iowa Code Chapter 670, Liability of Governmental Subdivisions, provides cities with certain immunities
which may be available to you. Naming the City of Dubuque as an additional insured on your insurance
as is requested by this Insurance Schedule may result in your waiver of those immunities. If you would
like to preserve those immunities, please use this endorsement or an equivalent form.The preservation of
immunities is for your benefit.
PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT
1. Nonwaiver of Governmental Immunity.The insurer expressly agrees and states that the purchase
of this policy and the including of the City of Dubuque, Iowa as an Additional Insured does not waive any
of the defenses of governmental immunity available to the City of Dubuque.. Iowa under Code of Iowa
Section 670.4 as it now exists and as it may be amended from time to time.
2. Claims Coverage.The insurer further agrees that this policy of insurance shall cover only those
claims not subject to the defense of governmental immunity under the Code of Iowa Section 670.4 as it
now exists and as it may be amended from time to time Those claims not subject to Code of Iowa
Section 670.4 shall be covered by the terms and conditions of this insurance policy.
3. Assertion of Government Immunity. The City of Dubuque, Iowa shall be responsible for asserting
any defense of governmental immunity and may do so at any time and shall do so upon the timely written
request of the insurer.
4. Non-Denial of Coverage_The insurer shall not deny coverage under this policy and the insurer
shall not deny any of the rights and benefits accruing to the City of Dubuque. Iowa under this policy for
reasons of governmental immunity unless and until a court of competent jurisdiction has ruled in favor of
the defense(s)of governmental immunity asserted by the City of Dubuque, Iowa.
rio Other Chance in Policy. The above preservation of governmental immunities shall not otherwise
change or alter the coverage available under the policy.
SPECIMEN
I;DEPARTMENT MANAGER: FILL IN ALL BLANKS AND CHECK BOXES)
Page 5 of 5 Schedule A Lessees of City Property:Right of Way Licensees or Perrnittees July 2025
9
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Dubuque
THE CITY OF
TAT
DUB
Masterpiece on the Mississippi 2017*2ois
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Public Works Concrete Banding and Crack Sealing Project
Award Public Improvement Contract
DATE: April 26, 2026
Public Works Assistant Director— Project Manager Max O'Brien is recommending City
Council award the public improvement contract for the Public Works Concrete Banding
and Crack Sealing Project to Eastern Iowa Asphalt Maintenance, Inc. of Farley, Iowa in
the amount of$178,120.00, through the adoption of the attached resolution. This
amount is 22.05% less than the engineer's estimate of$228,494.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
li?lwwl YGt�>T t
i-41"•-s
Mic ael C. Van Milligen
MCVM:sv
Attachment
cc: Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Jenny Larson, Chief Financial Officer
Laura Bendorf, Budget Manager
Arielle Swift, Public Works Director
Max O'Brien, Public Works Assistant Director— Project Manager
IE
Dubuque
THE CITY OF *****
*Write City
DUB 1111'
Masterpiece on the Mississippi 2002 9
rP P� 2017*2019
TO: Michael C. Van Milligen, City Manager
FROM: Max O'Brien, Assistant Public Works Director— Project Manager
DATE: April 24, 2026
SUBJECT: Public Works Concrete Banding and Crack Sealing Project
Award Public Improvement Contract
INTRODUCTION
The attached resolution authorizes the award of the public improvement contract for the
Public Works Concrete Banding and Crack Sealing Project.
BACKGROUND
This project includes the rehabilitation of approximately 0.52 centerline miles of concrete
pavement along Pennsylvania Avenue and approximately 0.88 centerline miles of
concrete pavement along Loras Boulevard. Rehabilitation will consist of providing 4"
sealant for any cracks or joints under 3" in width. For any cracks or joints over 3" in width
a 6" mastic banding will be provided.
This project was originally identified as needed and was planned for completion in late
2026 or early 2027, however the project was rescheduled to accommodate the upcoming
RAGBRAI event for safety purposes. While not specifically budgeted, the project is
utilizing general recurring pavement rehabilitation CIP's that are budgeted each year.
The project was initiated for bid by City Council on April 6, 2026. The project was publicly
advertised for bid April 8, 2026. There was a Public Hearing held during the April 20, 2026
City Council hearing.
BID RESULTS
The City received sealed bids on April 23, 2026 for the Public Works Concrete Banding
and Crack Sealing Project. The City received 3 bids for the project with Eastern Iowa
Asphalt Maintenance, Inc. of Farley, Iowa submitting the low bid in the amount of
$178,120.00. This amount is 22.05% less than the engineer's estimate of $228,494. A
summary of the 3 bid proposals received is as follows:
Contractor Name Total
Bid Amount
Eastern Iowa Excavating & Concrete, Inc $178,120.00
Thunder Road, LLC $455,735.00
Fahrner Asphalt Sealers, LLC $668,536.47
BUDGET IMPACT
The estimate of probable cost for the Public Works Concrete Banding and Crack Sealing
Project is summarized as follows:
Description Estimate Award > .
Construction $ 228,494.00 $ 178,120.00
Contingency (10%) $ 22,849.40 $ 17,812.00
Engineering (10%) $ 22,849.40 $ 17,812.00
Total Project Cost $ 274,192.80 $ 213,744,00
The construction of the Public Works Concrete Banding and Crack Sealing Project will
be covered by the funding sources as described below:
Project No. Fund Description Fund Amount
5521000034-110-67990 Pave Press Joint Seal $45,000.00
5521000034-301-67990 Pave Press Joint Seal $200,000.00
ACTION STEP
The City Council is requested to award the public improvement contract for the Public
Works Concrete Banding and Crack Sealing Project to Eastern Iowa Asphalt
Maintenance, Inc. of Farley, Iowa in the amount of $178,120.00, through the adoption of
the attached resolution.
cc: Jenny Larson, Chief Financial Officer
Laura Bendorf, Budget Manager
Arielle Swift, Public Works Director
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