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Baseball Stadium Spec ElectionMEMORANDUM October 28, 2003 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Resolution Setting Special Election For Baseball Stadium At the October 6, 2003 City Council meeting, Katie Krieg, President of Dubuque Initiatives advised the Council of the proposal of Michael Gartner to move a Class A Minor League professional baseball team to Dubuque. The team is currently located in Battle Creek, Michigan. Dubuque Initiatives presented the City Council with the results of a feasibility study completed by CSL International concerning minor league professional baseball in Dubuque. Additionally, Dubuque Initiatives presented a study completed by HOK Sports, which provided proposed layouts of the stadium, and preliminary cost estimates. Based on the positive results of the two studies, Dubuque Initiatives recommended the City Council proceed with the financing of a new baseball stadium in the Port of Dubuque, and requested City Council action on a Capital Improvement Tax Levy referendum. The Dubuque Area Chamber of Commerce Board of Directors has voted to support bringing professional baseball back to Dubuque. The Dubuque County Board of Supervisors has voted to support this project with a $700,000 commitment to help build a stadium. The stadium will cost $15 million: $7 million will be paid by naming rights, public and private funding. $2 million will be provided by the team through the lease agreement. $6 million will be raised through the proposed capital improvement tax levy. The initiative will create over 200 full and part-time jobs and will have a $9 million annual impact on the local economy. With an average ticket price of less than $5, the stadium will provide an affordable, comfortable and safe entertainment opportunity to families and individuals of all ages. As a regional amenity, the stadium complex will be available to host independent ball teams, Little League, high school and college games--even concert events. Minor league baseball builds on the success of the America's River project and interfaces well as an additional venue for both area residents and visitors to our community. It will have a positive impact on our local economy. Bringing professional baseball back to Dubuque continues the positive growth of our community and county as we seek to attract and retain businesses, jobs and workers. Economic Development Director Bill Baum is recommending City Council approval of a resolution calling for a special City election on the establishment of a Capital Improvement Reserve Fund and levy for a Baseball Stadium. The referendum would be for a Capital Improvement Tax Levy in the amount of 33.2371 ¢ per thousand of assessed valuation for a 20 year period. This would cost the average Dubuque homeowner $16 a year, or $1.25 per month. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C Van Mil ig MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager William Baum, Economic Development Director CITY OF DUBUQUE, IOWA MEMORANDUM October 24, 2003 TO: FROM: SUBJECT: Michael Van Milligen, City Manager William Baum, Economic Development Director ~ Resolution setting special election for baseball stadium INTRODUCTION This memorandum presents for City Council approval a Resolution calling for a special City election on the establishment of a Capital Improvement Reserve Fund and levy for a Baseball Stadium. DISCUSSION At the October 6, 2003 City Council meeting, Katie Krieg, President of Dubuque Initiatives advised the COuncil of the proposal of Michael Gartner to move a Class A Minor League professional baseball team to Dubuque. The team is currently located in Battle Creek, Michigan. Dubuque Initiatives presented the City Council with the results of a feasibility study completed by CSL International concerning minor league professional baseball in Dubuque. Additionally, Dubuque Initiatives presented a study completed by HOK Sports, which provided proposed layouts of the stadium, and preliminary cost estimates. Based on the positive results of the two studies, Dubuque Initiatives recommended the City Council proceed with the financing of a new baseball stadium in the Port of Dubuque, and requested City Council action on a Capital Improvement Tax Levy referendum in the amount of 33.2371 cents per thousand of assessed valuation for a twenty year period. RECOMMENDATION The City Council directed that referendum language and a Vision Iowa application be prepared for consideration at their November 3, 2003 meeting. ACTION STEP I recommend the City Council follow the proceedings outlined by the Ahlers Law firm, and adopt the attached resolution calling for a special City election. F:\USERS\WBaum~J~asebat[~lemo to Mike for council on ballet question,doc WILLIAM J. NOTH WNOTH@AHLERSLAW.COM AHLERS COONEY, P.C. ATTORNEYS AT LAW 100 COURT AVENUE · SUITE 600 DES MOINES, IOWA 50309-2231 PHONE 515-243-7611 FAX: 515-2/~3-21A9 WWW.AH LERSLAW.COM Dired Dial: (515)246-0332 October 14, 2003 Mr. Ken TeKippe Finance Officer City of Dubuque 50 West 13th Street Dubuque, Iowa 52001-4864 RE: Special election on Capital Improvements Reserve Fund Levy (Baseball Stadium) Dear Mr. TeKippe: With this letter I am enclosing suggested proceedings to be used by the Council in setting the date and details of a special election on the proposed capital improvements reserve fund levy for a baseball stadium. Please review the text of the ballot question presented in Section 1 of the Resolution carefully to ensure that it fully describes the purposes for which the levy proceeds would be used. If you have any questions, or would like to revise the ballot question in any respect, please let me know. A certified copy of the resolution calling the election should be filed with the Auditor not later than the first to occur of 1) the last day for filing nomination papers for a regularly scheduled election on the same date, if applicable, or 2) not less than thirty-two days before the election. A copy of the Auditor's Order appointing election officials should be filed with the Clerk at least fifteen days before the election. October 14, 2003 Page 2 An extra copy of the proceedings is enclosed to be completed as the original and certified back to us for our transcript of the action taken. If you have any questions concerning the procedure or any problems in coordinating with the Auditor's office, please keep me advised. Yours very truly, William J. Noth WJN:dc cc: Bill Baum (w/encl.) DCORNELLk387763\I \i 0422063 (This Notice to be posted) NOTICE AND CALL OF PUBLIC MEETING Governmental Body: The City Council of Dubuque, Iowa Date of Meeting: ,2003 Time of Meeting: o'clock .M. Place of Meeting: Auditorium, Carnegie-Stout Public Library, Dubuque, Iowa. Dubuque, Iowa PUBLIC NOTICE IS HEREBY GIVEN that the above mentioned governmental body will meet at the date, time and place above set out. The tentative agenda for said meeting is as follows: Resolution calling for a special City election on the establishment of a Capital Improvements Reserve Fund and the levy of an annual tax for such fund Such additional matters as are set forth on the additional (number) page(s) attached hereto. This notice is given at the direction of the Mayor pursuant to Chapter 21, Code of Iowa, and the local roles of said governmental body. City Clerk, Dubuque, Iowa ., 2003 The City Council of Dubuque, Iowa, met in Auditorium, Carnegie-Stout Public Library, Dubuque, Iowa, at on the above date. There were present Mayor chair, and the following named Council Members: session, in the o'clock __.M., , in the Absent: -1- The City Council then proceeded to discuss the matter of calling for an election on the proposition to enact a capital improvements reserve fund levy. Council Member Roy Buo] introduced the following Resolution entitled "RESOLUTION CALLING FOR A SPECIAL CITY ELECTION ON THE PROPOSITION OF ESTABLISHING A CAPITAL IMPROVEMENTS RESERVE FUND AND LEVYING AN ANNUAL TAX FOR SUCH FUND", and~moved its adoption. Council Member John Markham seconded.the motion to adopt. The roll was called and the vote was, AYES: Buol, Cline, Connors, Duggant Markham, Michalski, Nicholson NAYS: None Whereupon, the Mayor declared the following Resolution duly adopted: RESOLUTION NO. 447-03 RESOLUTION CALLING FOR A SPECIAL CITY ELECTION ON THE PROPOSITION OF ESTABLISHING A CAPITAL IMPROVEMENTS RESERVE FUND AND LEVYING AN ANNUAL TAX FOR SUCH WHEREAS, the City Council of the City of Dubuque, Iowa, has deemed it necessary to call for a special City election on the proposition of establishing a capital improvements reserve fund under Section 384.7 of the Code of Iowa, and levying an annual tax for said fund upon all the taxable property in the City, for the purpose of accumulating monies to finance the cost of the acquisition, construction, improving and equipping of a new baseball stadium; and WHEREAS, the Telegraph Herald is a legal newspaper, printed wholly in the English language, as defmed by Section 618.3 of the Code of Iowa, and is published in said City and of general circulation therein: NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: -2- Section 1. That there is hereby called a special City election on Tuesday, the 16th day of December, 2003, at which election there shall be submitted to the registered voters of said City the following question, to-wit: "Shall the City of Dubuque, Iowa establish a capital improvements reserve fund and certify taxes to be levied for such fund against all taxable property within the City, in addition to all other taxes, in the amount of 33.2371 cents ($.332371) per thousand dollars ($1,000) of taxable value in any one year for a period not to exceed twenty (20) years, commencing with the levy of taxes for collection in the fiscal year beginning July 1, 2004 and continuing for nineteen (19) additional years thereafter, for the purpose of accumulating moneys to pay costs of the acquisition, construction, improving and equipping of a new baseball stadium?" Section 2. That the voting place or places for said election, and the hours the polls shall be opened and closed shall be as set out in the notice of election, said notice to be prepared and approved by the County Commissioner of Elections. Section 3. That the form of ballot to be used at said election shall be of the type authorized by the Code of Iowa that will permit the use of electronic counters and will be in substantially the form set forth in the Notice of Election. That, if more than one public measure shall be submitted to the electors at the time of the said election, all such measures shall be printed upon one ballot. Section 4. That the Election Board for the voting precinct or precincts shall be appointed by the County Commissioner of Elections, not less than 15 days before the date of said election, a certified copy of which appointment shall be officially placed on file in the office of the Clerk of said City. Section 5. That the Auditor of Dubuque County, Iowa, being the County Commissioner of Elections, is hereby directed to publish the notice of election once in the Telegraph Herald being a legal newspaper, printed wholly in the English language, as defined by Section 618.3 of the Code of Iowa, published in said City and of general circulation therein, said publication to be not less than four clear days nor more than twenty days prior to the date of said election. -3- Section 6. That the County Commissioner of Elections shall cause to be prepared all such ballots and election registers and other supplies as may be necessary for the proper and legal conduct of said election. The Clerk is hereby authorized and directed to cooperate with said Commissioner of Elections and to do and prepare all necessary matters in order to make said election legal and valid. Section 7. That the Clerk is hereby directed to file a certified copy of this Resolution in the office of the County Commissioner of Elections, which filing shall also constitute the "written notice" to the County Commissioner of Elections of the election date required to be given by the governing body under the provisions of Chapter 47 of the Code of Iowa. PASSED AND APPROVED, this 3rd day of November, 2003. Terrance M. Duggan, Mayor 2003. Attest: Jeanne F. Schneider, City Clerk ATTEST: Jrd day of November -4- CIG-3 9/91 CERTWICATE STATE OF IOWA COUNTY OF DUBUQUE ) ) ss ) I, the undersigned City Clerk of Dubuque, Iowa, do hereby certify that attached is a tree and complete copy of the portion of the corporate records of said Municipality showing proceedings of the Council, and the same is a true and complete copy of the action taken by said Council with respect to said matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of said agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by said law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective city offices as indicated therein, that no Council vacancy existed except as may be stated in said proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of said Municipality hereto affixed this day of ,2003. SEAL DCORNELL~387760\I \10422063 City Clerk, Dubuque, Iowa -5-