$15,000,000 G.F. Capital Loan N(This Notice to be posted)
NOTICE AND CALL OF PUBLIC MEETING
Governmental Body:
The City Council of Dubuque, Iowa
Date of Meeting:
December 18, 2003.
Time of Meeting:
4:30 o'clock P.M.
Place of Meeting:
City Hall Conference Room B, 50 West 13th Street, 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:
Not to exceed $15,000,000 General Fund Capital Loan Notes
· Resolution instituting proceedings to take additional action.
Such additional matters as are set forth on the additional / page(s) attached hereto.
(number)
This notice is given at the direction of the Mayor pursuant to Chapter 21, Code of
Iowa, and the local rules of said governmental body.
~A~ity Clerk, Dubu~ub, Iowa ~
-1-
December 18, 2003
The City Council of Dubuque, Iowa, met in special session, in Conference Room
B, City Hall, 50 West 13th Street, Dubuque, Iowa, at 4:30 o'clock P.M., on the above
date. There were present Mayor Pro-Tam Pa tr J c J a C ] J ne, ill the chair, and the
following named Council Members:
Buol, Connors, Markham, Michalski (by telephone)
Nicholson
Absent: Mayor Duggan
-2-
The Mayor reminded the Council that the discussion meeting and hearing on the
matter of the authorization of a Loan Agreement and the issuance of not to exceed
$15,000,000 General Fund Capital Loan Notes, in order to provide funds to pay costs of
the acquisition, construction and equipping ora minor league baseball stadium facility
and related improvements, had been duly held on November 17, 2003 and that notice of
the proposed action by the Council to institute proceedings for the authorization of the
Loan Agreement and the issuance of the Notes and the right to petition for an election,
had been published pursuant to the provisions of Section 384.24A of the City Code of
Iowa, as amended. The Mayor then asked the Clerk whether any petition had been filed
in the Clerk's office, as contemplated in Section 362.4 of the City Code of Iowa, and the
Clerk reported that no such petition had been filed, requesting that the question of issuing
said Notes be submitted to the qualified electors of the City.
Whereupon, Council Member Markham introduced and
delivered to the City Clerk the Resolution hereinafter set out entitled "RESOLUTION
INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE
AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF NOT TO
EXCEED $15,000,000 GENERAL FUND CAPITAL LOAN NOTES" and moved:
that the Resolution be adopted
XX to ADJOURN and defer action on the Resolution and the
proposal to institute proceedings to the meeting to be held ~ no 1 ater than 4/5/04
o'clock __.M. on the __ day of ,2003
at this place.
to ABANDON these proceedings
Council Member
called and the vote was,
Buol
seconded the motion. The roll was
AYES: Buol, Cline, Connors, Markham,
Michalski, Nicholson
NAYS: None
Whereupon, the Mayor declared the measure duly adopted.
-4-
RESOLUTION INSTITUTING PROCEEDINGS TO TAKE
ADDITIONAL ACTION FOR THE AUTHORIZATION OF A
LOAN AGREEMENT AND THE ISSUANCE OF NOT TO
EXCEED $15,000,000 GENERAL FUND CAPITAL LOAN
NOTES
WHEREAS, pursuant to notice published as required by law, this Council has held a
discussion meeting and hearing upon the proposal to institute proceedings for the authorization
of a Loan Agreement and the issuance of not to exceed $15,000,000 General Fund Capital Loan
Notes for the purpose of paying costs of the acquisition, construction and equipping of a minor
league baseball stadium facility and related improvements, and has considered the extent of
objections received fi:om residents or property owners as to said proposal and, no petition for an
election on the proposal having been filed, accordingly the following action is now considered to
be in the best interests of the City and residents thereof:
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section I. That this Council does hereby institute proceedings and take additional action
for the authorization ora Loan Agreement and issuance in the manner required by law of not to
exceed $15,000,000 General Fund Capital Loan Notes to evidence the obligation of the City for
the foregoing purpose.
Section 2. The Clerk is authorized and directed to proceed on behalf of the City with the
negotiation of terms of a Loan Agreement and the issuance of General Fund Capital Loan Notes,
evidencing the City's obligations to a principal mount of not to exceed $15,000,000, to select a
date for the final approval thereof, to cause to be prepared such notice and sale information as
may appear appropriate, to publish and distribute the same on behalf of the City and this Council
and otherwise to take all action necessary to permit the completion ora loan on a basis favorable
to the City and acceptable to the Council.
Section 3. That this Resolution be and does hereby serve as a declaration of official
intent under Treasury Regulation 1.150-2, because the City reasonably expects to reimburse with
the proceeds of the Notes, all or a portion of original expenditures incurred in connection with
the above purpose.
-i-
PASSED AND APPROVED this
dayof
,2003.
ATTEST:
Mayor
City Clerk
CIG-3
9/91
CERT~ICATE
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.
.~ WlTN~. SS my.14and and the seal of said Municipality hereto affixed this /~fe~z(.~- day of
, 2003.
SEAL
DCORNELLk390148\1\10422063
City Clerk, Dubuque, Iowa
-3-
MEMORANDUM
December 12, 2003
TO:
FROM:
SUBJECT:
The Honorable Mayor and City Council Members
Michael C. Van Milligen, City Manager
Additional Action on Proceedings for the Issuance of Not to Exceed
$15,000,000 in General Fund Capital Loan Notes for Baseball Stadium
The December 16 Capital Improvement Levy Referendum did not pass.
I respectfully recommend that the Mayor and City Council abandon the current process
to issue $15,000,000 General Fund Capital Loan Notes.
Michael C. Van Milligen ' ~
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Bill Baum, Economic Development Director
CITY OF DUBUQUE, IOWA
MEMORANDUM
December 11, 2003
TO:
FROM:
Michael Van Milligen, City Manager
Bill Baum, Economic Development Director
SUBJECT: Additional action on proceedings for the issuance of not to exceed
$15,000,000 in General Fund Capital Loan Notes for baseball stadium.
INTRODUCTION
This memo recommends an adoption of a resolution to take additional action on the
authorization of a Loan Agreement and the issuance of not to exceed $15,000,000 in
General Fund Capital Loan notes for a minor league baseball stadium.
DISCUSSION
On November 17, the City Council held a public discussion meeting and hearing on a
proposal to authorize a Loan Agreement and issue not to exceed $15,000,000 in
General Fund Capital Loan Notes for the proposed minor league baseball stadium.
This loan (notes) is proposed to be retired from voter approved annual Capital
Improvement Fund Levy tax payments, annual lease payments from the team, and
annual payments from the private sector through a "naming rights" agreement. Cash
from Dubuque County, Dubuque Initiatives and Vision Iowa Board will reduce the loan
amount needed.
For clarification, the intent of the City is to issue only the amount necessary to finance a
$15,000,000 stadium. Obviously, given the other resources contributing to pay for the
stadium the permanent financing will be less than $15,000,000. However, rather than
guess on the exact amount of General Fund Capital Loan Notes to be issued, the "not
to exceed" $15,000,000 has been used, based on the cost estimates provided to the
City by HOK Sports.
No comments were received at the public discussion meeting and hearing. The City
Council did not take any action on November 17. A legal notice was published in the
official City newspaper advising the public that the City Council would consider
additional action at a December 18 meeting, which is two days after the referendum on
the Capital Improvement Fund Levy. The notice also advised the public of their right to
file a petition for an election on the proposed financing. The 30-day time period for filing
the petition expires December 17.
RECOMMENDATION
Assuming the referendum held on December 16, 2003 passes, 1 recommend the City
Council follow the attached proceedings and adopt the attached resolution, provided to
the City by the AIhers Law firm. If the referendum does not pass the Council has the
option to adopt the resolution, to delay action, or to abandon the process by motion.
F:\USERS\WBaum~Baseball~Council on general fund loan note action Dec 18.doc
AHLERS COONEY, P.C.
WILLIAM J. NOTH
WNOTH@ARLERSLAW,COM
ATTORNEYS AT LAW
10O COURT AVENUE ,, SUITE 600
DES IdOIN ES, IOWA $0309-2231
PRONE $15-243-7611
FAX: 515-2~-2149
WWW.ARLERSLAW.COIq
Direct Dial:
(515)246-0332
November 5, 2003
Mr. Kenneth TeKippe
Finance Officer
City of Dubuque
50 West 13th Street
Dubuque, Iowa 52001-4864
RE: Not to exceed $15,000,000 General Fund Capital Loan Notes
Dear Mr. TeKippe:
We enclose herewith suggested proceedings to be acted upon by the Council on the
date fixed for the discussion meeting and public heating on the proposed issuance of the
above mentioned Notes, pursuant to the provisions of Code Section 384.24A. A
certificate to attest the proceedings is also enclosed.
The Council is required by statute to hold a discussion meeting on the proposal to
issue the Notes, but no action on the resolution instituting proceedings to enter into a loan
agreement can be taken for at least 30 days thereafter. Accordingly, these proceedings
simply document the holding of the discussion meeting and hearing.
I also am enclosing proceedings to take additional action on the proposal to issue
the Notes, to be considered at least 30 days after the "discussion meeting." In this case
the proceedings are prepared to show as a first step the receipt of any petition for election
on the proposed action of the Council to issue said Notes. If such a petition has been
received and if the Council decides not to abandon the proposal to issue said Notes, a
form of resolution should be introduced and adopted, to adjourn the matter to permit
preparation of the resolution to call an election.
Please see that we are advised immediately if a petition is filed beating signatures
of a sufficient number of eligible electors.
November 5, 2003
Page 2
If no petition is filed, the Council should proceed to adopt the resolution instituting
proceedings to take additional action for the issuance of the Notes.
Also enclosed are extra copies of the proceedings to be filled in as the originals
and certified back to this office. If you have any questions pertaining to the proceedings
enclosed or this letter, please do not hesitate to either write or call.
Yours very truly,
William J. Noth
WJN:dc
encl.
CC:
Dave Dirks (w/encl.)
Bill Baum (w/encl.)
DCORNELLX390160\1\10422063
(This Notice to be posted)
NOTICE AND CALL OF PUBLIC MEETING
Governmental Body:
Date of Meeting:
Time of Meeting:
Place of Meeting:
The City Council of Dubuque, Iowa
November 17 ~ 2003.
6:30 o'clock P.M.
Auditorium, Carnegie-Stout Public Library, 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
meet'mg is as follows:
Not to exceed $15,000,000 General Fund Capital Loan Notes
Discussion meeting and public heating on the authorization of a
Loan Agreement and the issuance of Notes to evidence the
obligation of the City thereunder.
Such additional matters as are set forth on the additional l0 page(s) attached hereto.
(number)
This notice is given at the direction of the Mayor pursuant to Chapter 21, Code of
Iowa, and the local rules of said governmental body.
lerk, Dubuque, Iowa
CITY OF DUBUQUE, IOWA
CITY COUNCIL MEETING
6:30 P.M.
LIBRARY AUDITORIUM
MONDAY, NOVEMBER 17, 2003
INVOCATION
Reverend Andrew Eagan, Pastor of St. Thomas of Canterbury Anglican Church
PROCLAMATIONS
Hunger and Homelessness Awareness Week
CONSENT ITEMS
The consent agenda items are considered to be routine and non-controversial and all consent
items will be normally voted upon in a single motion without any separate discussion on a
particular item. 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.
Minutes and Reports Submitted
City Council of 10/30, 11/3 and 11/10; Electrical Code Board of 11/3; Historic
Preservation Commission of 10/23; Housing Code Appeals Board of 10/21; Park and
Recreation Commission of 10/14; Zoning Advisory Commission of 10/1; Zoning Board
of Adjustment of 10/29
Proofs of publication of City Council Proceedings for October 20, 2003 and List of
Claims and Summary of Revenues for month ending September 30, 2003
Finance Director submitting the City of Dubuque Financial Reports for month ending
October 31, 2003
Suggested Disposition: Receive and File
Notice of Claims/Suits
Coghlan, Kukankos, Cook LLL for personal injury of Trevor Hingtgen; Farner Bocken
Company for vehicle damage; Yvonne Collins for personal injury; Gregory Jelinek, Jr.
for personal injury; Delbert C. Keuter for vehicle damage; Scott Spenstey for property
damage; Lod Weig for property damage
Suggested Disposition: Receive and File; Refer to Legal for Investigation/Report
Corporation Counsel advising that the following claims have been referred to Public
Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool:
Coghlan, Kukankos, Cook LLC for personal injury of Trevor Hingtgen; Yvonne Collins
for personal injury; Famer Bocken Company for vehicle damage; Gregory Jelinek, Jr.
for personal injury
Corporation Counsel recommending settlement of the claim of Lori Weig for property
damage and directing that the Finance Department issue payment.
Suggested Dis position: Receive and File; Concur; Finance to Issue Payment
Eagle Point Bluffs
Communication from
condominium project.
Brenda Palmer
regarding the Eagle Point
Bluffs and the'
Suggested Disposition: Receive and File
Request to Purchase City Property
Communication from Roger and Ann Pickel requesting to purchase a portion of Lot 1 of
Clark's Subdivision No. 2 for the cost of surveying and platting fees, plus $1.00.
Suggested Disposition: Receive and File; Refer to City Manager
Tri-State Community Health Center
Communication of City Manager Michael C. Van Milligen to the Bureau of Primary
Health Care in support of the Tri-State Community Health Center's application for a
federally qualified community health center.
Suggested Disposition: Receive and File; Approve
Adams Company vs. City of Dubuque
Corporation Counsel advising that the Adams Company has dismissed its lawsuit
against the City.
Suggested Disposition: Receive and File
Iowa Department of Economic Development
Communication from the Iowa Department of Economic Development advising that on
October 16, 2003, the Iowa Department of Economic Development approved the
Community Economic Betterment Account Application (CEBA) for Shepherd
Incorporated.
Suggested Disposition: Receive and File
Proposed Baseball Stadium
Two communications from citizens urging a "no" vote on the referendum and One
communication regarding the locatiOn of the stadium with a response from the City
Manager_regarding the proposed location.
Suggested Disposition: Receive and File
Kopp's John F. Kennedy Addition No. 2 - Final Plat
Zoning Advisory Commission recommending approval of the final plat of John F.
Kennedy Addition No. 2 as requested by Lyle Kopp.
RESOLUTION Approving the final plat of John F. Kennedy Addition No. 2
Suggested Disposition: Receive and File; Adopt Resolution
2
'10.
11.
12.
13.
14.
15.
Iowa Department of Economic Development - Grant Contract for Downtown
Planning
City Manager recommending approval of an extension to the Iowa Department of.
Economic Development grant contract for downtown planning.
Suggested Disposition: Receive and File; Approve
Burlington Northern Railroad Depot Restoration Project. Acceptance
City Manager recommending acceptance of the Burlington Northern Railroad Depot
Project - Contract #2 - Roof, Gutters and Downspouts, as completed by A & G Electric
Company in the final contract amount of $78,430.86.
RESOLUTION Accepting improvement
RESOLUTION Approving final estimate
Suggested Disposition: Receive and File; Adopt Resolutions
Woodward Museum - 2002 Renovations Project - Contract #2 - Acceptance
City Manager recommending acceptance of Woodward Museum - 2002 Renovations
Project Contract #2 as completed by T & ~ Roofing and Sheet Metal Company in the
final contract amount of $93,490.
RESOLUTION Accepting improvement
RESOLUTION Approving final estimate
Suggested Disposition: Receive and File; Adopt Resolutions
Abstract of Votes
Submittal of the Abstract of Votes for the November 3, 2003 City Council election.
Suggested Disposition: Receive and File
Legislative Correspondence
Communication of City Manager to Senators Charles Grassley and Tom Harkin urging
them to oppose efforts to pass damaging legislation as a part of an appropriations bill,
to oppose attempts to limit debate, and to support the amendment offered by Senators
Carper and Alexander to extend the present moratorium to 2005.
Suggested Disposition: Receive and File; Approve
Letter of Support - Cabela's Walleye Tournament
City Manager recommending approval of a letter supporting the efforts of the Dubuque
Area Chamber of Commerce and the Grand Harbor Resort and Waterpark to attract the
2005 Cabela's National Walleye Tournament to Dubuque.
Suggested Disposition: Receive and File; Approve
3
16.
17.
18.
Letter of Appreciation
Communication from Mary Ann Kress, AIvemo Apartments, expressing appreciation to
the Council for their good work in guiding the City, especially regarding WalMart.
Suggested Disposition: Receive and File
Iowa's Mississippi River Trail Plan
City Manager recommending approval of the Submittal of comments to the Iowa
Department of Transportation regarding the Iowa Mississippi River Trail Plan.
Suggested Disposition: Receive and File
Business Licenses
RESOLUTION Granting the issuance of one permit to sell cigarettes and cigarette
papers within the City to Jumpers Sports Bar
RESOLUTION Granting the issuance of a Class "C" Beer Permit to Kwik Stop Food
Mart
RESOLUTION Granting the issuance of a Class "C" BeedLiquor License to Aragon
Tao, Jumpers Sports Bar and Grill, and Point Restaurant; Special Class "C" Liquor
License to Mandarin Garden Buffet; and Class "B" Wine to P.S. I Love You
Suggested Disposition: Adopt Resolutions
ITEMS TO BE SET FOR PUBLIC HEARING
St. Celia Street - Request to Vacate
City Manager recommending that a public hearing be set for December 1, 2003 to
consider a request from Damian F. Arensdorf for the vacating of a portion of the alley
north of Hillcrest Road and west of St, Celia Street behind his residence at 2117 St.
Celia Street.
RESOLUTION Approwng plat of proposed vacated part of the existing alley in Block 1
of Sunset Park Subdivision No. 3 in the City of Dubuque, Dubuque County, Iowa
ORDINANCE Vacating a part of the existing alley in Block 1 of Sunset Park Subdivision
No. 3 in the City of Dubuque, Dubuque County, Iowa
RESOLUTION Of intent to dispose of City interest in Lot lA of Block 1 in Sunset Park
Subdivision No. 3 in the City of Dubuque, Dubuque County, Iowa
Suggested Disposition: Receive and File; Adopt Resolutions; Motion B; Motion
A; Public Hearing 12/1/03
4
Seippel Road Water Main Extension Project
City Manager recommending initiation of the bidding process for the Seippel Road
Water Main Extension Project and setting a public hearing for December 15, 2003.
RESOLUTION Preliminary approval of plans and specifications
RESOLUTION Fixing date of hearing on plans and specifications
RESOLUTION Ordering bids
Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing
12/15/03
Eagle Valley Subdivision Water Main and Service Line Extension Project
City Manager recommending initiation of the bidding process for the Eagle Valley
Subdivision Water Main and Service Line Extension Pro.~ect and setting a public hearing
for December 15, 2003.
RESOLUTION Preliminary approval of plans and specifications
RESOLUTION Fixing date of hearing on plans and specifications
RESOLUTION Ordering bids
Suggested Disposition: Receive and File; Adopt Resolutions; Public Hearing
12/15/03
BOARDS/COMMISSIONS
Applicants are invited to address the Council regarding their desire to serve on the following
Boards/Commissions: '
Environmental Stewardship Advisory Commission (One 3-Year Term to Expire 1011105):
Applicant: Wayne Klostermann
Housing Commission (One 3-Year Term to Expire 8/17/04):
Applicant: Dorothy Schwendinger, OSF
PUBLIC HEARINGS
SUSPEND THE RULES
Joseph and Ruth Siegert/Dubuque Community School District
Proof of publication on notice of hearing to consider rezoning property located on
Radford Road near Saratoga Road from AG Agricultural District to R-1 Single-Family
Residential Distdct at the request of Joseph and Ruth Siegert/Dubuque Community
School District and Zoning Advisory Commission recommending approval.
ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque
Code of Ordinances by reclassifying hereinafter described property located west of
Radford Road and north of Saratoga Road from G Agricultural District to R-1 Single-
Family Residential District
Suggested Disposition: Receive and File; Motion B; Motion A
5
=
Request to Rezone Property - 468 Lincoln Avenue
Proof of publication on notice of heanng to consider rezoning property located at 468
Lincoln Avenue from R-2A Alternate Two-Family Residential District to CS Commercial
Service and Wholesale District at the request of Jay Winger/Winger Construction, LLC
and Zoning Advisory Commission recommending approval, with conditions.
City Manager submitting photographs of the Winger Construction site previously located
in the Port of Dubuque.
ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque
Code of Ordinances by reclassifying hereinafter described property located at 468
Lincoln Avenue from R-2A Alternate Two-Family Residential District to CS Commercial
Service and Wholesale District
Suggested Disposition: Receive and File; Motion B; Motion A
Equity Builders/Peter Eck - Am end Planned Unit Development District
Proof of publication on notice of hearing to consider amending the Planned Unit
Development District at the northwest corner of Tanzanite Drive and Sapphire Circle
with a Planned P, esidential Designation to facilitate development of forty new housing
units at the request of Equity Builders/Peter Eck and Zoning Advisory Commission
recommending approval.
ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque
Code of Ordinances by providing for the amendment of Ordinances No. 10.99 and 96-
02, which adopted regulations for the Emerald Acres No. 2 PUD Planned Unit
Development District and approving an amended ordinance for the Emerald Acres No. 2
Planned Unit Development District
Suggested Disposition: Receive and File; Motion B; Motion A
Request to Rezone Property - 13503 Seippel Road
Proof of publication on notice of headng to consider rezoning property located at 13503
Seippel Road from County R-2 Single-Family Residential District to City LI Light
industrial District, in conjunction with annexation, at the request of Kenneth and Maurine
Harris and Zoning Advisory Commission recommending approval.
ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque
Code of Qrdinances by reclassifying hereinafter described property located at 13503
Seippel Road from Dubuque County R-2 Single-Family Residential District to City of
Dubuque LI Light Industrial District, concurrent with annexation.
Suggested Disposition: Receive and File; Motion B; Motion A
6
Request to Rezone Property - 521 Garfield
Proof of publication on notice of hearing to consider rezoning property located at 521
Garfield Avenue from R-2A Alternate Two-Family Residential District to OR Office.
Residential District at the request of Scott Potter and Zoning Advisory Commission
recommending approval.
ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque
Code of Ordinances by reclassifying hereinafter described property located at 520
Garfield Avenue from R-2A Alternate Two-Family Residential Distdct to OR Office
Residential District
Suggested Disposition: Receive and File; Motion B; Motion A
Request to Rezone Property- 1870 Asbury Road
Proof of publication on notice of hearing to consider rezoning property located at 1870
Asbury Road from C-1 Neighborhood Commercial District to C-2 Neighborhood
Shopping Center Distdct at the request of Dubuque County Right to Life and Zoning
Advisory Commission recommending approval.
ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque
Code of Ordinances by reclassifying hereinafter described proper~y located at 1870
Asbury Road from C-1 Neighborhood Commercial District to C-2 Neighborhood
Shopping Center District
Suggested Disposition: Receive and File; Motion B; Motion A
Four Mounds Estate Historic District - Petition for Landmark Status
Proof of publication on notice of hearing to consider designating the Four Mounds
Estate Historic D strict as a City (local) Landmark and Historic Preservation Commission
recommending approval.
ORDINANCE Amending Chapter 25 (Historic Preservation Ordinance) of the City of
Dubuque Code of Ordinances by amending Section 5-6 Identification and Designation
of Landmarks, Landmark Sites and Historic Districts to include the Four Mounds Estate
Historic District as a City Landmark
Suggested Disposition: Receive and File; Motion B; Motion A
County Farm Interceptor Sewer Connection Fee
Proof of publication on notice of headng and notice to property owners to consider
establishing the County Farm interceptor sewer connection fee at $500 per acre and
City Manager recommending approval.
ORDINANCE Establishing a schedule of sewer connection fees for the connection of
property to the County Farm Sanitary Interceptor Sewer
Suggested Disposition: Receive and File; Motion B; Motion A
7
10.
Cooper Development Company, LLC - Tax Increment Financing
Proof of publication on notice of hearing to consider approval of Cooper Development
Company's application for Property Tax Rebates for Historic Properties for seven years
and City Manager recommending approval.
RESOLUTION Approving an application for property tax rebates for the renovation of
certain historic structures approving a Tax Rebate Agreement with Cooper
Development Company
Suggested Disposition: Receive and File; Adopt Resolution
Authorization of a Loan Agreement and Issuance of Not to Exceed $15,000,000
General Fu nd Capital Loan Notes
Proof of publication on notice of hearing to conduct a discussion meeting and public
hearing on the authorization of a Loan Agreement and the issuance of not to exceed
$15,000,000 General Fund Capital Loan Notes of the City of Dubuque, Iowa.
Suggested Dis position: Receive and File
=
REINSTATE THE RULES
ACTIONITEMS
America's Crown Communities
City Manager advising that the City of Dubuque has been named one of America's
Crown Communities for 2003 for the America's River project and improvements in the
Port of Dubuque,
Suggested Disposition: Receive and File
Dubuque Area Chamber of Commerce - Convention & Visitors Bureau Report
Sue Czeshinski Convention and Visitors Bureau, to make verbal quarterly progress
report.
Suggested Disposition: Receive and File
Police De partment Towing Contract
City Manager recommending approval of the Towing Checklist and Request for
Proposals for the Police Department Towing Contract for use in seeking proposals for
the 2003 - 2006 City of Dubuque Towing Contract.
Suggested Disposition: Receive and File; Approve
Affordable Housing Tax Credit Application from Gronen Properties
City Manager recommending adoption of two resolutions required by the Iowa Finance
Authority as part of the application for Affordable Housing Tax Credits from Gronen
Properties for development of affordable housing on Main and West 11t~ Streets.
=
Communication from Bob Felderman in support of the Gronen Properties proposed
renovation projects in the 1000 block of Main Street.
RESOLUTION Of support for the development of affordable housing on Main and West
1 th Streets
RESOLUTION Of local contributing effort for the development of affordable housing on
Main and West 11th Streets
Suggested Disposition: Receive and File; Adopt Resolutions
Downtown Rehabilitation Loan - Gronen Properties
City Manager recommending approval of a Downtown Rehabilitation Loan, at two
percent interest for thirty years for the rehabilitation of six buildings on both sides of
Main Street between 10
th and 11th Streets as requested by the developer.
Suggested Disposition: Receive and File; Adopt Resolution
Wynstone Subdivision - Final Plat
city Manager recommending approval of the final plat for Wynstone Subdivision, Which
provides for the construction of 65 single-family building lots and the dedication of three
new public streets. The subject property is located off of John F. Kennedy Road near
Eisenhower School.
RESOLUTION Approving the final plat of Lots 1 thru 65, inclusive, and Lots A thru F,
inclusive of Wynstone Subdivision
Suggested Disposition: Receive and File; Adopt Resolution
Harvest View Estate Fourth Addition - Final Plat
City Manager recommending approval of the final plat for Harvest View Estate Fourth
Addition to allow for development of twelve additional single-family lots and providing
street access for the new senior housing development that was recently approved.
RESOLUTION Approving the-final plat of Harvest View Estates Fourth Addition, in the
City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt ResOlution
Freedom Ridge Subdivision - Final Plat
City Manager recommending approval of the final plat for Freedom Ridge Subdivision, a
proposed residential development located off of Oakland Farms Road in Dubuque
County.
RESOLUTION Approving the final plat of Freedom Ridge Estates in Dubuque County,
Iowa
Suggested Disposition: Receive and File; Adopt Resolution
9
9. Ridgeway Park - Preliminary Plat
Zoning Advisory Commission recommending approval of the preliminary ~lat of
Ridgeway Park located in the 17000 block of John Deere Road in Dubuque County as
requested by Randy Hefet.
Suggested Disposition: Receive and File
10. Request for Proposals - Design Services for Baseball Stadium
City Manager recommending approval of the issuance of a Request for Proposals for
design services for the baseball stadium.
Suggested Disposition: Receive and File; Approve
11, Grand River Center - Artwork
City Manager recommending approval of the selection of artists for placement of
ar[work in the Grand River Center.
Suggested Disposition: Receive and File; Approve
12. Vendor Locations - Port of Dubuque
City Manager recommending approval of the maximum amount of vendor locations at
the Port of Dubuque and Hawthorne Street Peninsula.
Suggested Disposition: Receive and File; Approve
13. Fiscal Year 2005 Budget Presentations
City Council to provide direction on staff presentations for the upcoming Fiscal Year
2005 Budget sessions.
Suggested Disposition: Receive and File; Council
COUNCIL MEMBER REPORTS
PUBLIC INPUT
At this time, anyone in the Council Chambers may address the Council on matters which are of
concern to that person 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; however,
no formal action may be taken at this time on your comments because of the notice
requirements of the Iowa C pen Meetings Law.
CLOSED SESSION
Property Acquisition - Chapter 21.5(1)(j) 2003 Code of Iowa
Jeanne F. Schneider
November 13, 2003
10
November 18
.,2003
The City Council of Dubuque, Iowa, met in Regular session, in the
Auditorium, Carnegie-Stout Public Library, Dubuque, Iowa, at 6.- 30 o'clock P.M., on
the above date. There were present Mayor lerrance M. Duqgan , in the chair, and
the following named Council Members:
Rog Buol, Patricia Cline, Joyce Connors,
John Markham, Ann Michalski, Dan Nicholson
Absent: None
-1-
The Mayor announced that this was the time and place for the discussion meeting
and public heating on the matter of the authorization of a Loan Agreement and the
issuance of not to exceed $15,000,000 General Fund Capital Loan Notes in order to
provide funds to pay costs of the acquisition, construction and equipping ora minor
league baseball stadium facility and related improvements.
The Mayor then asked the City Clerk whether any written objections had been
filed by any City resident or property owner to the proposal. The City Clerk advised the
Mayor and the Council that 3 written objections had been filed. The Mayor then
called for oral objections to the proposal and 0 were made. Whereupon, after
further discussion, the Mayor declared the time for receiving oral and written objections
to be closed and advised that additional action on the proposal would be considered at the
City Council's meeting scheduled for December 18 ,2003.
(Attach here a summary of objections
received or made, if any)
-2-
ra~c ~ m ~
Jeanne Schneider
From:
To:
Sent:
Subject:
"John Barbee" <JBarbee@Kendallhunt. com>
<ctymgr@cityofdubuque.org>; <jschneid@d~tyofdubuque.org>; <jmarkham@comerenergy.com>;
<aeml0@mchsi.com>; <danielenicholson@mchsi.com>; <jconnors63@mchsi.com>;
<patriciacline@mchsi.com>; <rbuoll@mchsi.com>
Monday, November 17, 2003 10:14 AM
Baseball Stadium Bond
Dear City Council,
I'm sick and fired of the endless parade of do-gooders, politicians,
interest groups, and outright parasites wanting my money for their pet
projects. If Mr. Gartner wants to build himselfa stadium, make him use
his own money for it.
I'm curioUS. Why did you push this issue through so fast with so
little time until the vote. Afraid ora deliberate debate on the issue?
Afraid of disappointing an individual that has steered millions into
Dubuque? Afraid of risking future money?
If you want the stadium as well, donate your own moncy. Don't take
away mme.
John Barbee
2790AndrewCourt
Dubuque, IA 52001
(563) 582-2894
11/17/2003
Jeanne Schneider
From: <Gdwdbq@aol.com>
To: <jsch neid@cityofd ubuque.org>
Sent: Thursday, October 30, 2003 3:02 PM
Subject: VOTE "NO" to the bond issue!
Dear Council Members:
Here are a few reasons, I believe that a bond issue should not be held:
1. The citizens of Dubuque are already paying 1% more in state taxes with the school
bond issue. Garbage and water rates are up, property taxes went up this year, mainly
due to the school system and Iowa's budget crunch. The city council has already stated
that next years taxes will be increasing, and now you are considering another new bond
issue. Think about the elderly people on fixed incomes who's medical bills are hard to
meet let alone their health insurance.
2. If the city is as broke as you have stated, where will this money come from if this
special election were to be held?
3. The city manager likes to compare cities....let's take Cedar Rapids. The baseball
team has been there for a long time, to help to increase the attendance this year, they
built a new ball park, did it live up to expectations? Answer: No.
4. In the mid 70's, Dubuque had a population of 5000 more people than it has now, did it
support the "Dubuque Packers"?
Answer: No. As far as drawing people to Dubuque with a new ballpark, how many
people can you name, who ever saw one Packer game away from home? Has the junior
hockey team drawn in Dubuque? Have I seen a hockey game? No, why, because I am
not interested in hockey. The same principle would hold true for a minor league
baseball park.
5. Does Mr. Gartner have a conflict of interest? f cannot answerthat, however my
thoughts are: Mr. Gartner is the owner of the franchise of the team in question and
chairman of the Iowa vision board. Mr. Gartner has very little to loose but the tax
payers money, which would be $6 million dollars.
6. You granted the owner of the new housing project at the lock and damn a permit I
assume it was because it wouldn't cost the Dubuque tax payers any money. Why not
use this same principle in deciding If a bond issue should be held. Where the tax
payers here would be paying for the brunt of this project.
7. The two Dubuque casinos were hurting before Mesquawki closed. After it closed,
they picked up revenue. What will happen when it reopens, and Cedar Rapids and
Waterloo get a gaming license? You can draw your own picture as to what will happen
to Dubuque's economic and tourism monies when one, two, or all three of these venues
open.
8. The Riverfront project is not finished ye~ Why not wait two years to see if it meets
the projections, before putting up another issue of "/f" on it?
9. To put it simply, if "Mr. X" came to the council saying he would put up an amusement
park, open about 70 days per year with hours about 3-5 daily, sometimes daytime hours,
and sometimes night hours, some weeks not at all, but the property owners would have
to pay this cost. Would you as a citizen buy this offer?.
Thankyou
G. Weinberg
Dubuque
10/30/2003
~-age ~ o~ ,
Jeanne Schneider
From:
To:
Sent:
Subject:
"Mary Burdt" <gmnniesfavodt@webtv.net>
<jschneid@cityofdubuque.org>
Monday, November 03, 2003 4:34 PM
New ball park
Dear Mayor Duggan, Thank you for all the good work you have done for
the city of Dubuque and it's citizens. My husband James and I wish to
register a no vote for the new ball park. As seniors we cannot afford
anymore fees or taxes. It is a struggle just to keep up with the ones
we have. Please remember us when you cast your vote for the ball park.
Mary
11/4/2003
CIG-3
9/91
CERTIFICATE
STATE OF IOWA
COUNTY OF DUBUQUE
)
) ss
)
I, the undersigned City Clerk of Dubuque, Iowa, do hereby certify that attached is
a true and complete copy of the portion of the corporate records of said Municipality
showing proceedings of the Council, and the same is a tree 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 controxfersy 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 November , 2003.
SEAL
DCORNELLL390126Z1\10422063
18th
lerk, Dubu~e, Iowa
-3-
CIG-18
2-91
STATE OF IOWA )
) ss
COUNTY OF DUBUQUE )
I, the undersigned, do hereby certify that I am now and was at the times hereinafter
mentioned, the duly qtmlifted and acting Clerk of the City of Dubuque, in the County of
Dubuque, State of Iowa, and that as such Clerk and by full authority from the Council of
said City, I have caused a
NOTICE OF DISCUSSION MEETING TO BE HELD BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA ON THE MATTER OF THE PROPOSED
AUTHORIZATION OF A LOAN AGREEMENT AND THE ISSUANCE OF
NOT TO EXCEED $15,000,000 GENERAL FUND CAPITAL LOAN NOTES,
AND THE PUBLIC HEARING ON THE AUTHORIZATION AND ISSUANCE
THEREOF
of which the clipping annexed to the publisher's affidavit hereto attached is in words and
figures a correct and complete copy, to be published as required by law in the
Teleqraph Herald Newspaper , a legal newspaper published at
least once weekly, printed wholly in the English language, published regularly and mailed
through the post office of current entry for more than two years and which has had for
more than two years a bona fide paid circulation recognized by the postal laws of the
United States, and has a general circulation in the City, and that said Notice was
published in said newspaper in all of the issues thereof published and circulated on the
following date:
November 5 .,2003
WITNESS my officialsignatureatDubuque, Iowa, this 10th
November ~ 2003.
day of
Clerk
(s .AL)
DCORNELLX390125X1\10422063
NOTICE OF DISCUSSION
MEETING TO BE HELD
BY THE CITY OF THECITY
ITCOUNCIL YYOF
DUBUQUE, IOWA ON
THE MATTER OF
THE PROPOSED
AUTHORIZATION OF A
LOAN AGREEMENT AND
THE ISSUANCE OF NOT'
TO EXCEED $15,000,000
GENERAL FUND
CAPITAL LOAN NOTES,
AND THE PUBLIC
HEARING ON THE
AUTHORIZATION AND
ISSUANCE THEREOF
PUBLIC NOTICE is
hereby given that the City
Council of the City of
Dubuque, Iowa, will hold a
discussion meeting and
public hearing on the 17th
day of November, 2003, at
6:30 o'clock P.M., in the
Auditorium, Carnegie -
Stout Public Library, 360
W. 11 th Street, Dubuque,
Iowa, at which meeting the
Council will discuss and
consider whether to take
additional action for the
authorization of a Loan
Agreement and the issu-
ance of not to exceed
$15,000,000 General Fund.
Capital Loan Notes, in
order to pay costs of the
acquisition, construction
and equipping of a minor,
league baseball stadium
facility and related im-
provements. The pro-
posed Loan Agreement
and Notes would be pay-
able from the general fund
of the City. Principal and
interest due from the
general fund of the City on
the proposed Loan
Agreement and all other
loan agreements in force
on the date of authoriza-
tion will not exceed ten
percent of the last certified
general fund budget
amount.
At the above meeting, the
Council shall receive oral
or written objections from
any resident or property
owner of the City to the
above action. Following
said discussion meeting,
the City Council will meet
on the 18th day of De-
cember, 2003, at 4:30
o'clock P.M., in Confer-
ence Room B. City Hall, 50
W. 13th Street, Dubuque,
Iowa, at which meeting the
Council may take addi-
tional , action for the
authorization of said Loan
Agreement and the issu-
ance of said Notes to
evidence the obligations of
the City thereunder.
At any time before the
end of a thirty day period
following the discussion
meeting to be held on
November 17, 2003, a
petition, asking that the
question of entering into
said Loan Agreement and
issuing such Notes be
submitted to the legal
voters of said City, may be
filed with the City Clerk of
said City in the manner
provided by Section 362.4'
of the Code of Iowa, pur-
suant to the provisions of
Section 384.24A of the
Code of Iowa.
This Notice is given by
order of the City Council of
the City of Dubuque, Iowa,
as provided by Section
384.24A of the Code of
Iowa, as amended.
Dated this 5th day of
November, 2003.
Jeanne F. Schneider, CMC
City Clerk, Dubuque, Iowa
1t 11/5
STATE OF IOWA {SS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
I, Sherri A. Yutzy, a Billing Clerk for Woodward Communications, Inc., an Iowa
corporation, publisher of the Telegraph Herald,a newspaper of general circulation
published in the City of Dubuque, County of Dubuque and State of Iowa; hereby
certify that the attached notice was published in said newspaper on the following
dates: November 5, 2003, and for which the charge is $26.08.
Subscribed to before me, a Notary Public in and for Dubuque County, Iowa,
this (o day of �a��J , 20 D 3 .
Notary Public in and for Dubuque County, Iowa.
MARY If. WES1' RMEYER
Commission Number 154885
My Comm. Exp. FEB. 1, 2005