9 23 09 City Council Proceedings Official_Special
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
OFFICIAL
The Dubuque City Council met in special session at 5:00 p.m. on September 23, 2009
in Conference Room A at City Hall.
Present: Mayor Pro-Tem Jones, Council Members Braig, Lynch, Resnick, Voetberg, City
Manager Van Milligen, City Attorney Lindahl
Absent: Mayor Buol, Council Member Connors
Mayor Pro-Tem Jones read the call and stated this is a special session of the City
Council to act upon such business that may properly come before the City Council.
Dubuque Ice and Recreation Center, Inc. (DICE) – Development Agreement and Lease
Agreement: City Manager recommending that a public hearing be set for October 5, 2009
to consider a Development Agreement between the City of Dubuque, Dubuque Ice and
Recreation Center, Inc., Dubuque Racing Association, Ltd., and Battlefield Dubuque, LLC
and a Lease Agreement between the City of Dubuque and Dubuque Ice and Recreation
Center, Inc.
City Manager recommending approval of an amendment to the SMG Management
Agreement for the Five Flags Center which would allow them to compete for the same type
of events that can be held at the Grand River Center.
Motion by Braig to receive and file the documents and adopt Resolution No. 372-09
Resolution of intent to dispose of an interest in real property by Development Agreement
between and among Dubuque Ice and Recreation Center, Inc., Dubuque Racing
Association, and Battlefield Dubuque, LLC and Lease Agreement with Dubuque
Community Ice and Recreation Center, Inc.; setting a public hearing for a meeting to
commence at 6:30 p.m. on October 5, 2009 in the Historic Federal Building. Seconded by
Resnick. Motion carried 5-0.
RESOLUTION NO. 372-09
RESOLUTION OF INTENT TO DISPOSE OF AN INTEREST IN REAL PROPERTY BY
DEVELOPMENT AGREEMENT BETWEEN AND AMONG DUBUQUE ICE &
RECREATION CENTER, INC., DUBUQUE RACING ASSOCIATION, AND BATTLEFIELD
DUBUQUE, LLC AND LEASE AGREEMENT WITH DUBUQUE COMMUNITY ICE &
RECREATIONAL CENTER, INC.
WHEREAS, the City of Dubuque, Iowa (City) is the owner of the following described
real estate (the Property):
A part of Mineral Lots 298 and 299 in Fractional Section 19, T89N, R3E, 5th
P.M., in the City of Dubuque, Iowa, containing 6.63 acres, more or less,
subject to easements of record and not of record; and
Whereas, Dubuque Community Ice & Recreational Center, Inc. (DICE), an Iowa
Corporation, desires to lease a part of the Property shown on Exhibit A-1 attached hereto
for the construction and operation of an ice arena (the Arena) as described in a
Development Agreement and Lease Agreement now on file at the office of the City Clerk,
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50 West 13 Street, Dubuque, Iowa; and
Whereas, Dubuque Racing Association, LTD (DRA) has agreed to enter into the
Development Agreement and contribute to the funds required by DICE for the construction
of the Arena; and
Whereas, Battlefield Dubuque, LLC (Battlefield), a Minnesota limited liability company,
has agreed to entered into the Development Agreement and contribute to the funds
required by DICE for the construction of the Arena and to enter in an agreement with DICE
for the use of the arena.
Whereas, the City Council of the City of Dubuque has found that the development of the
Property pursuant to the Development Agreement and Lease Agreement, and the
fulfillment generally of the Development Agreement and Lease Agreement, are in the vital
and best interests of City and in accord with the public purposes and provisions of the
applicable federal, state and local.
Whereas, the City Council has tentatively determined that it would be in the best interests of
the City to approve the Development Agreement and enter into the Lease Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City of Dubuque intends to dispose of its interest in the Property pursuant to
the Development Agreement and Lease Agreement.
Section 2. The City Clerk is hereby authorized and directed to cause this Resolution and a
notice to be published as prescribed by Iowa Code Section 364.7 of a public hearing on the
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City's intent to dispose of the foregoing-described real property, to be held on the 5 day of
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October, 2009, at 6:30 o'clock p.m. at the Historic Federal Building, 350 West 6 Street,
Dubuque, Iowa.
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Passed, approved and adopted this 23 day of September, 2009.
Ric W. Jones, Mayor Pro-Tem
Attest: Jeanne F. Schneider, City Clerk
EXHIBIT A-1
Port of Dubuque Parking Ramp Concrete Crack Repair Project (Tabled on September
21, 2009): City Manager recommending award of the public improvement contract for the
Port of Dubuque Parking Ramp Concrete Crack Repair Project.
Motion by Voetberg to remove from the table. Seconded by Lynch. Motion carried 5-0.
Motion by Voetberg to re-table a proposed resolution awarding the public improvement
contract for the Port of Dubuque Parking Ramp Concrete Crack Repair Project to a
meeting to commence at 6:30 p.m. on October 5, 2009 in the Historic Federal Building.
Seconded by Lynch. Motion carried 5-0.
There being no further business, upon motion the City Council adjourned at 5:07 p.m.
/s/Jeanne F. Schneider, CMC
City Clerk