11 01 99 Agenda
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AGENDA - CITY COUNCIL MEETING
MONDAY- NOVEMBER 1, 1999
7:00 P.M. PUBLIC LIBRARY AUDITORIUM
INVOCATION -- Pastor Dennis Schmitt of The Dubuque Community Church
PROCLAMATIONS -- Nov. as "Alzheimer's Disease Public Awareness Month"
Nov. as "Hospice Month"
Nov. 8-14 as "Youth Appreciation Week"
CONSENT ITEMS SEE PAGES #4.5 & 6
...
The consent items are considered to be routine and non-controversial and will be
normally voted upon as a single motion. There will be n~ separate discussion on
these items. If you would like to discuss one of the Consent Items, please go to
the microphone and be recognized by the Mayor and state the item you would like
removed from the Consent Agenda for separate discussion and consideration.
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APPOINTMENT to Human Rights Commission -- Applicants -- Rev. Kris Kincaid,
William (Bill) Ross, Charles Ryan, Katherine Stevens.
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W1.
tt\2.
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PUBLIC HEARINGS
Proof of Publication of Notice of Public Hearing to reclassify property on Lincoln
Ave. from R-2A to R-3 District (Bethany Home)
OR~iN1~CE Amending Zoning Map by reclassifying property on Lincoln Ave
from R-2A Alternate Two-Family Residential District to R-3 Moderate Density
Multi-Family Residential District (1 st & 2nd rdgs. given 10-18-99).
SLGGESTED
DISPOSITICNS
Rec. & File
MarION "P."
Proof of Publication on Notice of Public Hearing to reclassify property in 2900
Block of Kane St. from 10 to PUD with a PR District and a Conceptual
Development Plan with conditions, for Pine Knolls Condominiums. (Boge)
ORo1N1~CE Amending Zoning Map by reclassifying property in 2900 Block of
Kane Street from 10 Institutional District to PUD Planned Unit Development
District with a PR Planned Residential District designation and adopting a
Conceptual Development Plan with Conditions, for Pine Knolls Condominiums.
(1 st & 2nd rdgs. given on 10-18-99)
Rec. C' File
MorION "A"
Proof of Publication on Notice of Public Hearing to reclassify property located at
3201 and 3265 Central Ave. from C-2 to C-3 District. (Kretz/Perfection Oil Co.)
gy-QO
ORDINANCE Amending Zoning Map by reclassifying property located at 3201
and 3265 Central Ave. from C-2 Neighborhood Shopping District to C-3 General
Commercial District. (1 st & 2nd rdgs. given on 10-18-99)
Rec. & File
MerION "A"
"
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ORDER OF ROLL CALL
FOR MEETING OF 11-1-99
MARKHAM
MICHALSKI
NICHOLSON
ROBBINS
VOETBERG
BUOL
DUGGAN
V~4. Proof of Publication on Notice of Public Hearing to reclassify property at 51 W. Rec. & File
32nd Street from C-2 to C-3 District. (TFM Co.)
q~qa .
ORDINANCE Amending Zoning Map by reclassifying property located at 51 West MCTICN "A II
32nd Street from C-2 Neighborhood Shopping District to C-3 General Commercia
District (1st & 2nd rdgs. given on 10-18-99)
~ 1.
REINSTATE THE RULE - LIMITING DISCUSSION TO COUNCIL
ACTION ITEMS
City Manager recommending approval of revisions to the City of Dubuque
Investment Policy.
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COUNCIL MEMBER REPORTS IJ (j
Approve
Rec.
A l. ~GC\ -C\q t\\H\\Gr\ Z:H\~ MC\ ~jO ( .\t Q~Htl\f\t\W\ \ (1(\ n en ~\l (\ ~~'jDfY\€nt A~ ~f\Y\t(\ t
ITEMS TO BE SET FOR PUBLIC HEARINGS
T€)::> 1 .
'TBS2.
City Manager submitting documents providing for construction of Fifth Street
Ramp Phase Two
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RE bl ION Preliminary approval of plans & specs. for project in estimated
amount of $1,900,000.
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RESOll/nON Fixing Date of Hearing on plans & specs. for December 6, 1999
I ,t -l\ q
RE~OlUTION Ordering Bids and directing Clerk to advertise.
Rec. & File
Adopt
Adopt
Adept
City Manager submitting documents providing for construction of 1999
Downtown Historical Neighborhood Ornamental Railing Project
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RESOLtTION Preliminary approval of plans & specs. for project in estimated
amount of $36,070.00.
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RESOLUtiON Fixing Date of Hearing on plans & specs. for December 6, 1999.
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RESOLUtiON Ordering Bids and directing Clerk to advertise.
Rec. & File
Adopt
Adopt
Adopt
2
\353.
mS4.
TBS5.
T~S6.
18s7.
City Manager recommending public hearing be set for November 15th to vacate
portion of Maple Leaf Ave. and Monroe Ave. (aka Louella Lane).
RE~~L.~C~ION Approving plat of proposed vacated Maple Leaf Ave. & Monroe
Ave. (aka Louella Lane)
OR~~~~CE Vacation portion of Maple Leaf Avenue and Monroe Ave.
~\l-C1a
RESOLUTION Advising of intent to dispose of City's Interest in Lot A and Lot B
of Maple Leaf Addn. NO.2 to John R. Kreiman.
City Manager submitting documents providing for construction of Technology
Park Modifications Project.
RE~~~1~ION Preliminary approval of plans & specs. for project in estimated
amount of $31,364.03.
\n u -a Q
RESoluTION Fixing Date of Hearing on plans & specs. for November 15, 1999.
\01000
RESOLUTION Ordering Bids and directing Clerk to advertise.
City Manager recommending public hearing be set for November 15, 1999 to
dispose of property at 2618 Jackson Street.
lotI ,9 (1
RESOLUTION Advising of intent to dispose of property at 2618 Jackson St. to
Peter & Angela Eck for sum of $8000.00.
City Manager recommending public hearing be set for November 15 for issuance
of $360,000 Urban Renewal Tax Increment Revenue Bonds to support
Horizon/OuCarte and CarteGraph Systems, Inc. project.
t~1t.qq
RESOLUTION Fixing date for a meeting on the proposition of the issuance of not
to exceed $360,000 Urban Renewal Tax Increment Revenue Bonds.
Rec. & F He
Adopt
MarICN "E"
Mt!JI'ICN"A II
Adopt
Rec. & File
Adopt
Adopt
Ado .t
Approve
Rec.
Adopt
Rec. & File
Adopt
Hrg. 11-15-99
City Manager recommending approval of 5th Amendment to Development Approve
Agreement among City, Horizon/OuCarte and CarteGraph and authorize Mayor Rec.
to execute documents.
City Manager requesting a public hearing be set for November 15 to dispose of
easement for property north of E. 16th St. between Farmland Foods and I & M
Railroad tracks to Alliant Utilities (Interstate Power Co.)
lY'L~--Q Cl
RESOLUTioN Advising of intent to dispose of Lot 1 of Kerper Industrial Park to
Alliant Utilities.
3
Rec. & File
Adopt
Hrg.
11-15-99
CONSENT ITEMS
C 1. MINUTES SUBMITTED -- Airport Commission of 10-14; Billboard Ad Hoc
Committee of 10-18; Cable Teleprogramming of 10-5; Community Development Rec. & File
of 10-19 & 10-25; Environmental Stewardship Advisory Commission of 10-5;
Five Flags Comm. of 10-18; Historic Preservation Commission of 10-7; Human
Rights Commission of 9-13; Investment Oversight Advisory Commission of 10-
13; Long Range Planning Advisory Commission of 10-20; Zoning Advisory
Commission 10-6.
City Manager submitting Quarterly Investment Report ending Sept. 30, 1999.
Investment Oversight Commission submitting their 26th Quarterly Report.
Substance Abuse Services Center submitting their First Quarter Report.
Housing Services submitting their annual report.
Proofs of Publication on publishing Council Proceedings for 10-4-99;
Publishing Financial Report for Fiscal Year ending 6-30-99.
Printed Council proceedings for month of September, 1999 for approval.
RE.c. & File
Rec. & File
Rec. & File
RE.c . & File
Rec. & File
A rove
G 2. NOTICES OF CLAIMS/SUITS -- Robert L. Day, Jr. et al vs. City of Dubuque et Refer to
ai, in unknown amount for personal injuries and property losses; Allied Insurance Le.gal Staff
Company, in subrogation on behalf of their client, John Schmid in amount of fjinv. &
$1285.10 for vehicle damages; Doug Staudt in unknown amount for vehicle report
damages;
C3.
Corporation Counsel advising following claims have been referred to Public
Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance
Pool: Personal injury of Jacob Robinson; Personal injury of Roger W.
Winchester.
Rec. & File
Corporation Counsel recommending payment of $100.00 as part of Sanitary Approve
Sewer Backup Assistance Program to following: Ken Beck; Ronald Jahns; Arthur as Rec.
Tigges.
C 4. City Manager recommending approval of contract with IA Dept. of Public Health Rec. & File
for funding of AIDS Preventative Health Program.
CSqo-QO
RESOLUTiON Approving the AIDS Preventative Health Contract between the Adopt
Iowa Dept. of Public Health and City of Dubuque, and authorizing City Manager
to sign a contract with the Iowa Dept. of Public Health for funding of a Local
AIDS Preventative Health Program.
4
C--s.
CG.
~7.
~8.
e9.
C, 1 O.
011.
C12.
t 13.
City Manager recommending acceptance of U.S. Highway 20 Water Main
Extension Project from N.W. Arterial to the new Seippel Road Intersection.
SC\c\ -QQ
RESOLUTI6N Accepting Improvement for project
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RES\bt1.JTION Approving final estimate in amount of $44,569.58.
City Manager recommending acceptance of Vacuum Filter Plant Electrical
Room.
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RESOLUtiON Accepting Improvement for project
lo01_-~a
RESOLUtiON Approving final estimate in amount of $48,747.00.
HUD submitting Consolidated End-of-Year Review for Program Year 1998.
City Manager recommending approval of Dubuque Racing Association's 2000
Capital Improvement Program and use of ORA Reserve Association's Capital
Improvement Program. !
City Manager recommending acceptance of Sanitary Sewer at Grove Tool
lH3-O q
RESOLUTION Accepting Sanitary Sewer Improvements for Lot 1-1-2 of Bartels-
Center Grove Place in the City.
City Manager recommending acceptance of assignment of Conti Carriers Leases
RE~o1~TION Granting assignment of Conti Carriers and Terminals, Inc. leases
with City of Dubuque to Cargill, Inc.
City Manager recommending approval of publication of combined notices for
YWCA Domestic Violence Shelter Project,
WO~-OO
RESOLUtiON Authorizing publication of a combined notice of finding of no
significant impact on the environment and notice of intent to request release of
funds for the YWCA Domestic Violence Shelter Project.
Long Range Planning Advisory recommending Council consent to format and
schedule regarding progress toward Vision 2000.
Copy of letter to Mayor Duggan from Dept. of Public Health providing report of
current site conditions regarding Dubuque Municipal Landfill Site
5
Rec. & File
Adopt
Adopt
Rec. & File
Adept
Adopt
Fee. & File
A f=prove
Rec.
Rec. & File
Adopt
Rec. & File
Adopt
Rec. & File
Adopt
Approve
Rec.
Rec. & File
t 14.
(:,15.
Ci 16.
City Manager recommending to proceed with construction of storm sewer along
1793 Glenwood Ct. and proceed with condemnation proceedings.
inn6-qa
RES'OLUTlbN Authorizing Staff to proceed with public improvements to
construct storm sewer along easterly property line of 1793 Glenwood Ct.
Rec. & File
Jldopt
City Manager recommending approval of consultant for Architectural/Historical
SurveyEvaluation Project.
BUSINESS LICENSES -- RJW~L~~ION Granting issuance of Class "C" Beer
Permits to Eagle Food Centers, Inc. (3 locations)
lonl-Oa
R~soLl.tnON Granting issuance of Class "C" Liquor Licenses to Yen Ching
Restaurant, Mario's, and Carlos O'Kelly's; Class "WB" Wine to Eagle Food
Centers, Inc. (3 locations)
Approve
Rec.
Adopt
Adept
PUBLIC INPUT
At this time, anyone in the Council Chambers may address the Council on
matters which are of concern to them and which are not an agenda item. Please
take your place at the microphone and state your name and address clearly.
~
Proceed with your comments REMINDER: no formal or official action may be
taken at this time on your comments because of the notice requirements of the
Iowa Open Meetings Law.
CLOSED SESSION--
In accordance with Chapter 21.5 1.(c) State Code of Iowa, 1999 as amended, To
discuss strategy with counsel in matters that are presently in litigation.
(c) To discuss strategy with counsel in matters where litigation is imminent and
its disclosure would be likely to prejudice or disadvantage the position of the
governmental body in this litigation.
(j) To discuss the purchase of particular real estate where premature disclosure
could be reasonably expected to increase the price the governmental body would
have to pay for that property.
Mary A. Davis, CMC
1 :00 p.m.
6
,
AIJD.EN.DjJ.M
TO THE CITY COUNCIL MEETING OF NOVEMBER 1, 1999
ADDENDUM
ACTION ITEM #2
City Manager recommending a Termination and Assignment Agreement for
Eagle Window and Door, Dubuque-Eagle LLC, with Herman Ahlers.
RESOLUTION Authorizing Approval of the Termination and Assignment
Agreement for Eagle Window and Door, Dubuque-Eagle LLC, with Herman
Ahlers.
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By:. ~t1 t, [~g~~
Mary A. Davis, City Clerk ~
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ADDENDJJM.
TO THE CITY COUNCIL MEETING OF NOVEMBER 1, 1999
~DDENDUM
ACTION ITEM tl2
City Manager recommending a Termination and Assignment Agreement for
Eagle Window and Door, Dubuque-Eagle LLC, with Herman Ahlers.
RESOLUTION Authorizing Approval of the Termination and Assignment
Agreement for Eagle Window and Door, Dubuque-Eagle llC, with Herman
, Ahlers.
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ADDEN.DlJ.M
TO THE CITY COUNCIL MEETING OF NOVEMBER 1, 1999
ADDENDUM
ACTION ITEM #7.
City Ma~ager recommending a Termination and Assignment Agreement for
Eagle Wmdow and Door, DUbuqueREagle LLC, with Herman Ahlers.
RESOLUTION Authorizing Approval of the Termination and Assignment
Agreement for Eagle Window and DOOf, Dubuque~Eagre LLC with Herman
Ahlers. I
ADDENDUM
TO THE CITY COUNCIL MEETING OF NOVEMBER 1, 1999
ADDENDUM
ACTION ITEM #2
City Manager recommending a Termination and Assignment Agreement for
Eagle Window and Door, Dubuque-Eagle LLC, with Herman Ahlers.
RESOLUTION Authorizing Approval of the Termination and Assignment
Agreement for Eagle Window and Door, Dubuque-Eagle LLC, with Herman
Ahlers.
By~-tt1)l ~z~~
Mary A. Davis, City Clerk ~~
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CITY OF DUBUQUE, IOWA
MEMORANDUM
DATE:
October 29, 1999
TO:
Honorable Mayor and City Council Members
FROM:
Michael C. Van Milligen, City Manager
SUBJ:
Termination and Assignment Agreement - Eagle Window Project
This afternoon I received a call from Dale Tucker of Eagle Window and Door that the new
developer is prepared to sign unconditionally the Termination and Assignment Agreement. This
Agreement releases Craddock Companies from the Eagle Window Development Agreement and
substitutes the new developer - Herman Ahlers of Dana Point, California.
If this is the case, by Monday, we may have all the proper signatures and the opportunity to
review them with Bill Noth and Barry Lindahl. Hopefully, this will be what we need to change
the developer and keep the Eagle Window deal alive.
Enclosed is the amended Council Agenda. The supporting documents will be presented to the
Council on Monday night. A copy of the Termination and Assignment Agreement we have
asked the parties to sign is also enclosed.
/:
Michael C. Van Milligen
City Manager
/jb
cc Barry Lindahl
Tim Moerman
Mary Davis
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j)1l/26/99 08: 58
CITY OF DUB~' ~;~ ~O~~- ~ ~;~~ ~ ~~~;---.
NO. 158
IiIB2
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TBRMlNAnON AND ASSIGNMENT AGIUmMENT
nus TE.RMINATION AND ASSIONMBNT AOItEBMENT is made on or.. of
the _uy of . 1999, by ad &mODS the City of DubuqUe (City), EaPe
Window & Door, Inc. (Employer). Dubuque-Eaale. LLC (Developer) and
(Now Developer).
WHEREAS, City, Employer and Developer are parties to . Developmcot
AsroemcDt dated as of February IS, 1999, (Development Apeemem).
AND WHEREAS. Developer hu been unable to obtain ita ~.--.h'8 for the
construction of the MhUmum lDlprovements, which fiDanciDa wu a conditioa pnotdl!lftt
to the obligations ofDcvo1oper under the Development Apeemmt IDd Lease AlfOCIIIJeDt.
While the patties acknowledao that the iDability ofDoveloper to obtain ita fiDaDoiDa
entitles Developer to terminate the Development Agreement aDd the Leac Agrccmeat.
City and Employer: have requested Developer to assign its rlpts uodK the Developmetrt
Agreement and Lease Apeemont to New Developer. As a D)atctial iDduacmont to
Developer to -Ill ita riIhts and dclcpte ita obUptiODl ODder the Development
Agreement 1M Lease A~t, City and Developer and willing to fWly, tlaal1y and
complete release Developer :from any further Uability, claim, duty or obliptioo uDder the
Development Apecment end Lease Agreement. except 81 set forth hDrein. The
provisions oftbis recital paragraph are not merely recitals, but.. intondoclaa a snaterial
part of this Aareemenl
AND WHEREAS, City and Employer arc willing to roIeuo Developer from ita
obligations, but only upon the tenns and. conditions set forth herein;
AND WHBREAS. as a condition of their release ofDcvelopcr from its
obliptioDa, City and EmplDyer have Iequosted that Developer usi.p its interest in the
Development Aareement to New Developer and Developer baa &peed to such
usigmnont. aad New Developer has qreecl to 188wnc Developer's oblipt1OD1 UDder the
Development Agreement;
I
NOW t'IlBREFORB, in considerarioJl of the mutual covenants set fcxtb. herem.
the parties agree u follows:
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1. City ad Bmployer each hereby releue Developer, ita members, IDIn9rs,
agents aad contraCtOrs, and Developer hereby roleasel City and Employer. from all of
their respcetive obliptions as act forth in the Devolopment Agreement and !.euc
~ provided, however, that Developer shall, oxcept for any willf\1l
misreproMQtation or _y willful or wlUltOll misconduct or any unlawful ad of the
jndeJDDj~ parties, IDd continue to protect ad defend City and ita City Council
members, ofti(;en, qents and cmploY'lcs now and forever, and 1.brther agrees to cIefcncl,
indeamify II1CI hold City and said indomni6ed parties barml- froan any claim, dcmInd,
~
.
""CU..L.veu ii . '-'I .cOI __ r U ii~' .
10/26/99 . ~IB ao~ IU~U -- ~~I~ ur UUQ~~U~'
08:58 . CITY OF DUB. CORP. COUNSEL ~ 319 589 4149 .
raw. ~
1-1).158
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suit, 8CtioD or otber prooeecliDp whatlOcver by any pason or CDtity whatsoever ariaiDI or
purportedly ariain& from the Developer's efforts mama prior to die date hereof rolatiDa to
tbo acquisition, coastruction, aad iDstaI1ation of the Minhnum Improvemcntl.
2. city and P.mploym- oaeb hereby apoe that neither city DOt Employer reurve
Ifty claims apinst Developer. exgcpt as proviclccl in P.... 1 bereo' - Developer ....
that it does not te8ClVe my claiml apbIst City or ED1ployor, ariaiDa out of eltbIr ..
Development Agreement or the!.eue A~ and that the ro1euo of MCh it ~
as a f\ill and fiDal reteuo of all "lalma by oither party qainst tho othera based CIIlIll)'
buil or theory of law or equity, except u providccS b1 Par. 1 heroof. City aM Employer
turthcr agree that New Developer is in aU respeot8 hereby suba1:itutcc1 for Developer
under tho Development Agr~t and the Lease Agreement. The lcope of tho ......
IfIDtcd by thil Agrooment shall bo broIdly and liberally constrUed to effect a full, fial.
and complete release of the puties from any further liability, duty, obliprion. claim,
damages at other matters ariaina out of or connocted with the Development Apeement
and Leue Agreemat, except IS provided ia Par. I.
~
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3. Developer hereby aslips, trlD8fers IIld SIts over to New Developer all of
DweJoper's right. title and iDtmest in and to the Development AgreemeDt fiom uut after
the date hcroof. Developer reprelOllta, wamntI ancl certit1n to City, Employer ad New
Developer and ~venaats with IIIld for the benefit of 'New Developer u follow.;
a. Developer is tho sole owner ofthc ripts md interelt herein uligned. with full
riFt to assign. and trlDlfer 88IIlO;
b. Said Development Aareemmt is VB1id and in full force IIlCl efFect in
accordance with its termS;
C. In 1he event any payment or other beDcfit under the DevelopmoDt Aareemeot
hereby assigned is made to or received by Developer after the date hercoD.
Developer shall transmit or traDlfcr the samo promptly to New Developer.
d. To the beat of Developer's knowledp no default exiItt under the
Developmmt Allfeement on the part of Developer. City or Employer.
e. The Development Apeemcnt and tho proposed AmeDdmcnt to Developmmlt
Agreement attached hereto are true, accurate and complete copies of said
documeDt8. and no other amendment exists, nor has IIlYo1her am-m..nt
been propoaed that would wry or conflict with 1M tamS thereof.
4. In consideration of tho above assipment, New Developer hereby U'UIIlClI and
apa to perform, observe aDd dilCharlc all oblilations, promises, covemmtl, coaditiol\I
aDd apoementl of Developer to be kept and perfonned by it, II "Developer" identified in
said Development Apemont from and after the date of execution of this TermiJ1atioa
and~Apement.
t
ThT WITNESS WHEREOF, the p8ttiea hereto have executed this Terminatloa and
Aa.ipment Agreement 81 of the dato first above 'Mitten.
1.0/26/99
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08:58
By:
By:
~I~ Qa~ lU4U -> p -
CITY OF ~.L I Y UF OUBUQUE::.
~~. ~~, COLNSEL ~ 319 589 4149 .
&l04
CITY OF DUBUQUE. IOWA
Ternacc M. Duapn, Mayor
Mary A. Davis. City Clerk
DUBUQ1.JE..BAOLE, LLC,
A Nevada limited liability company
By: Now Equity, ~.
A Colcado limited liability company,
Its 1011'-"
By:
Michael L. Craddock. Manager
(New Developer)
By:
By:
P8ge 4
1-1).158
EAGLE WINDOW &
DOOR. INC.
By: