Urban Renewal District to Eagle Window & Door
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10
Regular Session, January 4. 1999
Attest Mary A Davis, City Clerk
Published officially in the Telegraph
Herald newspaper this 11th day of
January, 1999.
1t 1/11 Mary A Davis CMC, City Clerk
Voetberg moved final consideration
and passage of the Ordinance.
Seconded by Nicholson. Motion
carried 7-0.
Communication of Joel Morris, on
behalf of the Board of Education of the
Dubuque Community School District,
requesting TIm Hodge, President of the
Board of Education be allowed to
address the Council to consider the
development of a 28E Agreement
between the City and School District to
share the proceeds from a proposed
local Option Sales and Services Tax,
presented and read. Voetberg moved
that the communication be received
and filed. Seconded by Michalski.
Motion carried 7-0.
Mr. Hodge addressed the Council
indicating the election for a 1 % tax for
property tax relief was to be held in
May with a 10 year limit on the tax.
Communications from Donna
Bauerty and Parker Bauer, Dubuque
Community School District Board
Members supporting the development
of a 28E Agreement between City and
School on proposed Local Option
Safes and Services Tax, presented and
read. Voetberg moved that the
communications be received and filed
and Staff to work with appropriate
School Staff to prepare 28E
Agreement. Seconded by Michalski.
Motion carried 7-0.
Council appointed City Manager
Michael Van Milligen or his designee
as their representative on the
Enterprise Zone Commission.
City Manager requesting a public
hearing be set for Feb. 15, 1999 to
consider disposing of property in Urban
Renewal District to Eagle Window &
Door, presented and read. Voetberg
moved that the communication be
received and filed. Seconded by Buo!.
Motion carried 7-0.
(OFFICIAL PUBLICATION)
RESOLUTION NO. 10-99
RESOLUTION (1) APPROVING THE
MINIMUM REQUIREMENTS,
COMPETITIVE CRITERIA, OFFERING
PROCEDURES FOR DISPOSITION
OF CERTAIN URBAN RENEWAL
PROPERlY; (2) DETERMINING THAT
THE PROPOSAL SUBMITTED BY
EAGLE WINDOW & DOOR, INC. AND
DUBUQUE-EAGLE, LLC SATISFIES
THE OFFERING REQUIREMENTS
AND DECLARING THE INTENT OF
THE CllY TO ENTER INTO THE
DEVELOPMENT AGREEMENT WITH
EAGLE WINDOW & DOOR, 'INC. AND
DUBUQUE-EAGLE, LLC IN THE
EVENT THAT NO COMPETING
PROPOSALS ARE SUBMITTED; AND
(3) SOLICITING COMPETING
PROPOSALS.
. Whereas, the City of Dubuque, Iowa,
did on August 15, 1994, adopt an
Urban Renewal Project known as the
Kerper Boulevard Industrial Park
Economic Development District (the
.Plan.) for the urban renewal area
described therein; and
Whereas, such Plan provides for,
among other things, the olSposition of
properties for private development
purposes as a proposed renewal
action; and
Whereas, Dubuque-Eagle, LLC
("Developer") and Eagle Window &
Door, Inc, C'Employer") have submitted
to the City a specific proposal for the
acquisition of certain property
hereinafter described for the
development of a manufacturing
facility, together with the request that
this property be made available for
disposition as rapidly as possible' and
Whereas, in order to establish
reasonably competitive bidding
procedures for disposition of the
property in accordance with the
statutory requirements of Chapter 403,
Code of Iowa 1997, particularly
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 has been
prepared and is attached hereto as
Exhibit .A" and by this reference is
made a part hereof, which sets out the
minimum requirements each proposal
must satisfy in order to qualify for
consideration with respect to the
competitive criteria, the information and
documents which must be submitted
and the schedule for submission and
competitive bid-off procedures; and
Whereas, said Developer and
Employer have tendered a
Development Agreement with the City,
attached hereto as Exhibit .B", which
proposes the development of a
-
Regular Session, January 4, 1999
m.nutacturing facility on this property;
Ind
Whereas, to both recognize the firm
proposal for disposition of the property
Ilready received by the City, as
described above, and to give full and
"Ir opportunity to other developers
Interested in submitting a proposal for
development of the property, this
Council should by this Resolution:
1) Set the Fair Market Value of the
parcel as determined by an
Independent appraiser for uses in
Iccordance with the Urban Renewal
Plan;
2) Approve the Guidelines for
Developers for the Kerper Boulevard
Industrial Park Economic Development
District Urban Renewal Plan Area for
submission of proposals for the
purchase and development. of the
property and the minimum
requirements and competitive criteria
ettached hereto as Exhibit "A";
3) Approve as to form the Developer's
end Employer's proposed Development
Agreement attached hereto as Exhibit
"B"'
4) 'Set a date for receipt of competing
proposals and the opening thereof;
establish a procedure for each
proponent to better its proposal and set
a cutoff time for such modification; and
provide for review of such proposals
with recommendations to this Council
in accordance with established
procedures;
5) Declare that the proposal submitted
by Developer and Employer satisfies
the requirements of the offering, and
that in the event no other qualified
proposal is timely submitted that the
City intends to accept such proposal
and enter into the Development
Agreement and direct publication of
notice of said intent;
6) Approve and direct publication of a
notice to advise any would be
competitors of the opportunity to
compete for purchase of the property
for development on the terms and
conditions set out above;
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, this Council believes it is
in the best interest of the City and the
Plan to act as expeditiously as possible
to offer this property for development
as set forth herein.
NOW, THEREFORE, BE . IT
RESOLVED BY THE CITY COUNCIL
11
OF THE CITY OF DUBUQUE, IOWA:.
Section 1. That the following
described property ("Property") shall be
offered for development in accordance
with the terms and conditions
contained in this Resolution, to wit:
Part of Lot 1, all of Lot 2 and Lot 3, and
part of Lot 4 of FDL First Addition to the
City of Dubuque, Iowa, and part of Lot
1 of the Subdivision of Lot 1 of Kerper
Industrial Subdivision Number One in
the City of Dubuque, Iowa, and part of
Heartland Place in the City of
Dubuque, Dubuque County, Iowa,
more particularly described as follows:
Beginning at the Northwest corner of
said Lot 1 of the Subdivision of Lot 1 of
Kerper Industrial Subdivision Number
One in the City of Dubuque, Iowa;
Thence South 57 degrees 28 minutes
39 seconds East, 240.44 feet along the
Northerly line of said Lot 1 of the
Subdivision of Lot 1 of Kerper Industrial
Subdivision Number One in the City of
Dubuque, Iowa, to the Northwesterly
corner of said Lot 3 of FDL First
Addition to the City of Dubuque, Iowa;
Thence South 51 degrees 39 minutes
24 seconds East, 179.84 feet along the
Northeasterly line of said Lot 3 and its
Southeasterly extension, to the
Westerly extension of the Northerly line
of said Lot 1 of FDL First Addition to
the City of Dubuque, Iowa;
Thence North 87 degrees 44 minutes
08 seconds East, 208.34 feet along
said Westerly extension and said
Northerly line, to the Westerly right-of-
way line of Kerper Boulevard (172'
wide);
Thence South 14 degrees 46 minutes
16 seconds East, 951.03 feet along
said Westerly right-of-way line to the
proposed Northerly right-of-way line of
Kerper Court (75' wide);
Thence Westerly along said Northerly
right-of-way line the following five (5)
courses: South 75 degrees 09 minutes
14 seconds West, 79.14 feet, to a point
of curvature; Westerly, an arc distance
of 151.48 feet along a circular curve
concave to the Southeast, having a
radius of 537.50 feet, a central angle of
16 degrees 08 minutes 51 seconds,
and whose chord bears South 67
degrees 04 minutes 49 seconds West,
150.98 feet, to a point of tangency;
south 59 degrees 00 minutes 23
seconds West, 194.64 feet, to a point
of curvature; Westerly, an arc distance
of 59.89 feet along a circular curve
concave to the Northwest, having a
radius of 462.50 feet, a central angle of
07 degrees 25 minutes 07 seconds,
and whose chord bears South 62
degrees 42 minutes 57 seconds West,
59.84 feet, to a point of tangency;
South 66 degrees 25 minutes 31
seconds West, 540.41 feet, to the
Westerly line of the herein described
parcel;
Thence North 15 degrees 08 minutes
48 seconds West, 988.58 feet along
said Westerly line, to the Northwesterly
line of said Heartland Place in the City
of Dubuque, Dubuque County, Iowa;
Thence North 30 degrees 30 minutes
32 seconds East, 614.18 feet along
said Northwesterly line;
Thence South 59 degrees 29 minutes
28 seconds East, 35.00 feet at right
angles to the last described course, to
the Westerly line of said Lot 1 of the
Subdivision of Lot 1 of Kerper Industrial
Subdivision Number One in the City of
Dubuque, Iowa;
Thence North 25 degrees 45 minutes
16 seconds East, 121.54 feet along
said Westerly line, to the Point of
Beginning.
Containing 27.037 acres, more or less,
and subject to easements,
reservations, restrictions, and rights-of-
way of record and not of record.
Section 2. That the current Fair
Market Value of Property shall be
$1,529,000 as determined by the
appraisal of Felderman Appraisals
dated Decem ber 7, 1998.
Section 3.. That it is hereby
determined that in order to qualify for
consideration for selection each
Developer must submit a proposal
which meets these minimum
requirements:
a) Contains an agreement to acquire
Property at not less than the Fair
Market Value for use in accordance
with the Plan;
b) Is for the development of the
Property for use by an actual
expanding or new business in
conformance with the Plan and is not
for speculative development;
c) Includes a construction schedule in
which the construction of approximately
350,000 square feet of manufacturing
space plus approximately 40,000
square feet of office space is
substantially complete on or before
twenty-four months from a closing date;
d) Sets out or provides through other
means acceptable to the City the
proposed developer's experience in
working with other development
projects and with construction; and
e) Sets out or provides through other
means acceptable to the City the
experience of the principals and key
staff who are directly engaged in
performance of contract obligations In
carrying out projects of similar scal.
and character.
Section 4. That it is hereby
determined that each proposal which
satisfies the minimum requirements ..
determined by the City, shan b.
reviewed on the basis of the strength of
such proposal as judged by the
follOwing competitive criteria:
a) Quality of the proposal
1) The overall cost of the project; and
2) The types of materials shown for
construction of the structure.
b) Architectural design of ~e proposed
development ~
1) Compatibility of the design with
surrounding structures, vistas,
vehicular activities and future
development of adjacent property;
2) The functional design of the site,
structure and all pUblic spaces; and
3) The aesthetic quality of the
development
c) Economic feasibility of the proposed
development
1) The economic return to the
community provided by the proposed
development including, but not limited
to, the property and sales tax
generated, the number of jobs provided
and the encouragement of similar and
related development in the urban
renewal district; and
2) The ability of the prospective
developer to finance and complete the
project as proposed.
Section 5. That the proposed
Development Agreement by and
among the City, Developer and
Employer, be and is hereby approved
as to form for the purposes hereinafter
stated.
Section 6. That for the purpose of
defining the offering of the Property for
development, said Development
Agreement shall be deemed to be
illustrative of the terms acceptable to
the City with respectto:
a) Purchase price;
b) Conveyance of property;
c) Required minimum improvements;
d) Timing of improvements; .
e) City participation;
f) Covenants;
g) Events of Default and Remedies;
and
h) General terms and provisions;
provided, however, that each
competing proposal and contract shall
be permitted to:
a) Devise and report its own design for
development so long as the minimum
requirements set out in Exhibit "A" are
met;
Regular Session, January 4,1999
b) Devise and report its own method
and sources of financing, so long as
such proposal is sufficient to assure
financing of the project in a timely
manner; and
c) Allow taking possession of the
Property to be delayed for up to six (6)
months after the execution of the
contract.
No other substantive deviations will
be permitted.
Section 7. That the proposed
Development Agreement submitted by
the Developer and Employer satisfies
the requirements of the offering and, in
the event that no other qualified
proposals are timely submitted, that the
City enter into said Agreement is
hereby accepted and approved.
Section 8. That it is hereby
determined that the Developer
possesses the qualifications, financial
resources and legal ability necessary to
acquire and develop the property in the
manner proposed by this offering in
accordance with the Plan.
Section 9. That it is hereby
determined that the disposition price for
the Property offered to the Developer
shall be in the amount of the Fair
Market Value as established by this
Council for uses in accordance with the
Plan.
Section 10. That the City Clerk shall
receive and retain for public
examination the attached Development
Agreement submitted by the Developer
and Employer and, in the event no
other qualified proposals are timely
submitted, shall resubmit the same to
this Council for final approval and
execution upon expiration of the notice
hereinafter prescribed.
Section 11. That the action of this
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 and Employer to acquire
and develop the Property and to enter
into the Development Agreement by
and among the City, Developer and
Employer.
Section 12. 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 enter
into said Development Agreement,
shall be a true copy of this Resolution,
but without the attachments referred to
herein.
Section 13. That the City Clerk is
authorized and directed to secure
,
,
13
immediate publication of said official
notice in the Telearaoh Herald, a
newspaper having a general circulation
in the community, by publication of the
text of this Resolution without
attachments on or before the 9th day of
January, 1999.
Section 14. That written proposals
for the sale and development of the
Property will be received by the City
Clerk at or before 10:00 a.m., February
15, 1999, in the Office of the City Clerk,
located on the first floor at City Hall,
Dubuque, Iowa 52001. Each proposal
will be opened at the hour of 10:00
a.m. in City Hall, Dubuque, Iowa on
February 15,1999. Said proposals will
then be presented to the City Council
at 7:00 p.m., February 15, 1999, at a
meeting to be held in the Auditorium of
the Carnegie-Stout Public Library,
Dubuque, Iowa.
Section 15. That such offering shall
be in substantial conformance with the
provisions of Section 403.8, Code of
~, requiring 'reasonable competitive
bidding procedures. as are hereby
prescribed which method is hereby
determined to be the appropriate
method for making the Property
available for development
Section 16. That the required
documents for the submission of a
proposal shall be in substantial
conformity with the provisions of this
Resolution.
Section 17. 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 at the 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
proposals 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 which
satisfies these requirements, the
Council shall judge the strength of the
proposal by the competitive criteria
established hereinabove. The Council
shall then make the final evaluation
and selection of the proposals.
Section 18. That following receipt of
competing proposals, the Developer
and Employer shall have until 10:00
a.m. on February 22, 1999, to amend
its proposal in response and to deliver
same to the City Clerk.
1L.
Regular Session, January 4, 1999
Sec~on 19. That it, and. only it,
competing proposals are received and
determined by the Council to meet the
minimum requirements of this
Resolution, and the Developer amends
its proposal in response thereto such
Council shall forthwith sched~le a
meeting within seven (7) days after
February 22, 1999, at which meeting
there shall be a bid-off, each proposal
against the other, seriatim starting with
the second proposal received until
such time as each proponent for the
sale of the Property shall decline to
improve its bid in response to the last
bid of the other bidder or bidders. The
period of time to be allowed for such
bid-off shall not be in excess of three
consecutive hours on said date. The
rules of such bid-off shall be as
informally determined by the Council at
or before such bid-off period and shall
be absolute.
Section 20. 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 ?f the City of Dubuque, Iowa, to
enter Into the resulting contract, as
required by law.
Passed, approved and adopted this
4th day of January, 1999.
Terrance M. Duggan, Mayor
Attest Mary A Davis, City Clerk
Published officially in the Telegraph
Herald newspaper this 8th day of
January, 1999.
1t 1/8 Mary A Davis CMC, City Clerk
Voetberg moved adoption of the
Resolution and set the public hearing
for February 15, 1999 at 7:00 p.m. in
the Public Ubrary Aucfrtorium and direct
the City Clerk to publish the notice in
the manner prescribed by law.
Seconded by Buo!. Motion carried 7-0.
City Manager requesting a public
hearing be set for Feb. 15, 1999 to
consider property exchange on Kerper
Boulevard with John P. Michalakis and
Richard L Billmeyer presented and
read. Buol moved that the
communication be received and filed.
Seconded by Markham. Motion carried
7-0.
RESOLUTION NO. 11-99
RESOLUTION (1) APPROVING THE
MINIMUM REQUIREMENTS
COMPETITIVE CRITERIA, OFFERING
PROCEDURES FOR DISPOSITION
OF CERTAIN URBAN RENEWAL
PROPERTY; (2) DETERMINING THAT
THE PROPOSAL SUBMITTED BY
JOHN P. MIHALAKIS AND RICHARD
L. BILLMEYER (DEVELOPERS)
SATISFIES THE OFFERING
REQUIREMENTS AND DECLARING
THE INTENT OF THE CITY TO
ENTER INTO THE AGREEMENT FOR
THE EXCHANGE OF LAND WITH
DEVELOPERS IN THE EVENT THAT
NO COMPETING PROPOSALS ARE
SUBMITTED; AND (3) SOLICITING
COMPETING PROPOSALS.
Whereas, the City of Dubuque Iowa
did on August 15,1994, adopt an
Urban Renewal Project known as the
Kerper Boulevard. Industrial Park
Economic Development District (the
'Plan') for the urban renewal area
described therein; and
Whereas, such Plan provides for
among other things, the disposition of
properties for private development
purposes as a proposed renewal
action; and
Whereas, John P. Mihalakis and
Richard L. Billmeyer ('Developers')
have submitted to the City a specific
proposal for the exchange of certain
property owned by them, described as
Part of Lot 1 FDL First Adcfrtion and Lot
2. FDL First Addition (together the
"Exhibit A Property"), for c~rtain
property owned or being acquired by
the City (hereinafter defined as the
"Property"), for the purpose of
supporting the Eagle Window & Door
expansion, together with the request
that this Property be made available for
disposition as rapidly as possible' and
Whereas, in order to eStablish
reasonably competitive bidding
procedures . for disposition of the
Property in accordance with the
statutory requirements of Chapter 403,
Code of Iowa, 1997 particularly
Section 403.8, and to ~sure that the
City extends a full and fair opportunity
to all developers interested in
subm.itti~g a prc;>posal, a summary of
submiSSion reqUirements and minimum
requirements and competitive criteria
for the Property offering has been
prepared and is attached hereto as
Exhibit 'A' and by this reference is
made a part hereof, which sets out the
minimum requirements each proposal
must satisfy in order to qualify for
consideration with respect to the
competitive criteria, the information and
documents which must be submitted
and the schedule for submission and
competitive bid-off procedures; and
Whereas, said Developers have
tendered an Agreement for the
Exchange of Land with the City,