9 12 23 City Council Proceedings Official_SpecialCITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
OFFICIAL
The Dubuque City Council met in special session at 6:00 p.m. on September 12,
2023, in the second-floor Council Chambers of the Historic Federal Building, 350 W. 6th
Street.
Present: Mayor Cavanagh; Council Members Farber (Via Phone), Jones, Resnick,
Sprank, Wethal; City Manager Van Milligen.
Absent: Council Member Roussell
Mayor Cavanagh read the call and stated this is a special session of the City Council
called for the purpose of conducting such business that may properly come before the
City Council.
ITEMS SET FOR PUBLIC HEARING
Motion by Jones to receive and file the documents, adopt the resolutions, and set the
public hearings as indicated. Seconded by Sprank. Motion carried 6-0.
1. Development Agreement by and between the City of Dubuque, Iowa and Union at
the Marina, LP: Upon motion the documents were received and filed and Resolution No.
302-23 (1) Approving the Minimum Requirements, Competitive Criteria, and Offering
Procedures for the Development and the Sale of Certain Real Property and Improve-
ments in the Greater Downtown Urban Renewal District; (2) Determining that the Offer
to Purchase Submitted by Union at the Marina, LP Satisfies the Offering Requirements
with Respect to the Real Property and Improvements and Declaring the Intent of the
City Council to Approve the Sale to Union at the Marina, LP in the Event That No Other
Qualified Competing Proposals Are Submitted; And (3) Soliciting Competing Proposals
was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on Octo-
ber 16, 2023 in the Historic Federal Building.
RESOLUTION NO. 302-23
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 UNION AT THE MARINA, LP SATISFIES THE OF-
FERING REQUIREMENTS WITH RESPECT TO THE REAL PROPERTY AND IM-
PROVEMENTS AND DECLARING THE INTENT OF THE CITY COUNCIL TO AP-
PROVE THE SALE TO UNION AT THE MARINA, LP IN THE EVENT THAT NO OTH-
ER QUALIFIED COMPETING PROPOSALS ARE SUBMITTED; AND (3) SOLICITING
COMPETING PROPOSALS
Whereas, the City Council of Dubuque, Iowa, did on May 1, 2023, 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, Union at the Marina, LP (“Developer”) has submitted to the City a proposal
in the form of an offer to purchase (the “Development Agreement”) for the purchase of
certain City-owned real property hereinafter described (“the Property”), which Develop-
ment Agreement proposes the Developer will undertake the purchase of a parcel locat-
ed at the corner of Hawthorne Street and Kerper Boulevard as described therein, which
Property is the real estate consisting of approximately 2.54 acres shown on Exhibit A,
and which Development Agreement requests that this Property be made available for
sale as soon as practicable; and
Whereas, in order to establish reasonably competitive bidding procedures for the dis-
position 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, cur-
rently on file at the Office of the City Clerk; and
Whereas, to recognize both the firm proposal for sale of the Property and improve-
ments already received by the City in the form of the Development Agreement, as de-
scribed 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) Set the 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 re-
quirements of the offering, and that in the event no other qualified proposal is time-
ly 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.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That 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 se-
lection, any person must submit a proposal which meets these minimum requirements:
1) Contains an agreement to purchase the Property, shown on Exhibit A, at not
less than fair market value, which for the purposes of this resolution is hereby de-
termined to be Four Million Eighty-Two Thousand One Hundred Seventeen &
00/100 Dollars ($4,082,117.00);
2) 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 con-
tract obligations in carrying out projects of similar scale and character; and
3) Meets, at a minimum, the terms and conditions of the Development Agree-
ment submitted by the Developer including an agreement to create 201 affordable
residential rental units within 24 months of the Closing Date in the City of Dubu-
que, Iowa.
Section 3. That the Development Agreement by and between the City and the Devel-
oper be and is hereby approved as to form 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 Council with respect to:
1) Developer and City obligations; and
2) General terms and conditions.
Section 5. That the Development Agreement submitted by the Developer satisfies the
requirements of this offering and, in the event that no other qualified proposals are time-
ly 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 qualifica-
tions, 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 at-
tached Development Agreement submitted by the Developer and, in the event no other
qualified proposals are timely submitted, shall resubmit the Development Agreement to
the City Council for final approval and execution upon expiration of the notice hereinaf-
ter 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 Agree-
ment by and between City and Developer.
Section 9. That the 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 publi-
cation of said official notice in the Telegraph Herald, a newspaper having a general cir-
culation in the community, by publication of the text of this Resolution on or before the
15th day of September, 2023.
Section 11. That written proposals for the sale of the Property shown on Exhibit A will
be received by the City Clerk at or before 10:00 a.m., October 16, 2023 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 October 16, 2023. Said proposals will then be presented to the City Council at
6:30 p.m., October 16, 2023, at a meeting to be held in the City Council Chambers, His-
toric 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 rea-
sonable competitive bidding procedures as are hereby prescribed and “fair value.”
Section 13. That the required documents for the 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 compli-
ance 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 Man-
ager, 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 against the other, starting with the second proposal received and con-
tinuing 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 Man-
ager at or before such bid-off period and shall be absolute.
Section 16. That in the event another qualified proposal is timely submitted and ac-
cepted 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.
Passed, approved, and adopted this 12th day of September, 2023.
Brad M. Cavanagh, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
There being no further business, Mayor Cavanagh declared the meeting adjourned at
6:02 p.m.
/s/Trish L. Gleason, Assistant City Clerk