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Urban Renewal District to Eagle Window & Door (:{e~(j\\.r\,\j\\ \VC\ C\ 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,