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Proof of Publication_City Council Proceedings 12 17 20 Copyrig hted February 1, 2021 City of Dubuque Consent Items # 1. City Council Meeting ITEM TITLE: Minutes and Reports Submitted SUMMARY: City Council Proceedings of 1/11 and 1/19; Community Development Advisory Commission Minutes of 1/20; Historic Preservation Commission Minutes of 1/21; Housing Commission Minutes of 12/22; Library Board of Trustees of 11/19; Long Range Planning Advisory Commission Minutes of 1/20; Proof of Publication of City Council Proceedings for 12/17, 12/21, 1/4 and 1/11; Proof of Publication for List of Claims /Summary of Revenues for Month Ending 12/31. SUGGESTED Suggested Disposition: Receive and File DISPOSITION: ATTACHMENTS: Description Type City Council Proceedings of 1/11/21 Supporting Documentation City Council Proceedings of 1/19/21 Supporting Documentation Community DevelopmentAdvisory Commission Supporting Documentation Minutes of 1/20/21 Historic Preservation Commission Minutes of 1/21/21 Supporting Documentation Housing Commission Minutes of 12/22/20 Supporting Documentation Library Board of Trustees Minutes of 11/19/20 Supporting Documentation Long Range Planning Advisory Commission Minutes of Supporting Documentation 1/20/21 Proof of Publication for City Council Proceedings of Supporting Documentation 12/17/20 Proof of Publication for City Council Proceedings of Supporting Documentation 12/21/20 Proof of Publication for City Council Proceedings of Supporting Documentation 1/4/21 Proof of Publication for City Council Proceedings of Supporting Documentation 1/11/21 Proof of Publication for List of Claims/ Summary of Supporting Documentation Revenues for Month Ending 12/31/20 � i� STATE OF IO�A SS: DUBUQUE COUNTY � ��I � CERTIFICATE OF PUBL��iTION � � I, Kathy Goetzinger, a Billing Clerk for Woodward ,� Communications, Inc., an Io�ra corparation, publisher � of the Telegraph Herald, a newspaper of general circulation published in the C�ty of Dubuque, County � of Dubuque and State of Iowa; hereby certify that the ? attached notice was published in said newspaper on the �i� following dates: ;i 12/24/2020 j and far which the charge is 88.32 i �- � �-'� I � �' . �r' �. - " � _ Subscribed to efore me, a Natary Public in and for Dubuque County, Iowa, this 24th day of December, 2d�20 1 j /`.� ;� ..m.. ��—.� i Notary Public in and for Dubuque County, Iowa. � � I� ,, •�„".�,.�, B�AH't1�t M�V'�,t��ii�iN � � � Ga�mu�kS;t��fB � , wwr•. W"y'I�mim�.E�,1�i1 Y�„�"3 �I I q � , , e I � Ad text : CITY OF DUBUQUE, IOWA� CITY COUNCIL PROCEEDINGS � SPECIAL SESSION The Dubuque City Council met in special session at 5:00 p.m. on December 17, 2020. ii� Due to the COVID-19 pandemie and mandates far social '� distancing, this meeting was con�ucted virtually via � GoToMeeting and aired live on CityChannel Dubuque (Mediacom �+ cable channels 8 and 117.2), streamed live on the city's '� website at www.cityofdubuque.org/media, and streamed live on the City's Facebook page at www.facebook.com/cityofdubuque. Ij Present: Mayor Buol; Council hflembers Cavanagh, Jones, Lynch, �� Resnick, Roussell, Sprank; City Z�✓Ianager Van Milligen, City Attorney Brumwell � Mayor Buol read the call and stated this is a special ' session of the City Council called far the purpose of _ � conducting such business that may properly come before the City Council. �a PUBLIC HEARINGS �� 1. Resolution approving the Co�sent to Assignment and � Assumption of the Development Agreement between the City of Dubuque and Flexsteel Industries,Inc. to Simmons Pet Food, �� Inc.: City Manager recommended adoption of a resolution la approving the Consent to the Assignment by Flexsteel i Industries, Inc. to 5immons Pet Food Inc. of the Development p� Agreement dated June 5, 2017, t�etween the City of Dubuque and ��i Flexsteel Industries, Inc. The resolution approving the I� Consent to Assignment and Assumption of the Development � Agreement between the City of I)ubuque and Flexsteel �; Industries, Inc. to Simmons Pet�ood, Inc. was required to be I� approved before the public hearing to approve the Disposition � of an interest in City owned real estate and the Amended and Restated Development Agreeme�t between the City of Dubuque and � Simmons Pet Food, Inc. includirsg the issuance of Urban Renewal Tax Increment Revenue Grant Obligations. The agenda platform � utilized for agenda creation does not allow action items to , ' proceed public hearings. Therefare, the Consent to Assignment , kk � � ' - '� �` , e�,r; r��. .�T , a � :,, � � resolution was included within the Public Hearing section as ;.,,g1 ; ��, y ,�:,_ � � i � �an action item to ensure it was a�rproved before the '' ° ; ,` ' ' ' - -= Disposition of an interest in City owned real estate public d hearing. Scott Salmon, President of Simmons Pet Food, provided I� a presentation on Simmons. Motion by Jones to receive and file the documents and adopt Resolution No. 358-20 Approving the Consent to Assignment and Assu�nption Agreement of Development Agreement by and between Flexsteel Industries, Inc., a Minnesota Corparation("Flexsteel" "Assignor"), and Simmons Pet Food, Inc., an Arkansas Corporation("5immons" "Assignee"). Seconded by Cavanagh. Motion carried 7-0. � 2. Resolution approving the Disposition of an interest in City owned real estate and the A�nended and Restated Development Agreement between the City of Dubuque and Simmons � Pet Food, Inc. including the issuance of Urban Renewal Tax � Increment Revenue Grant Obligations: Proof of publication on !, notice of public hearing to consider approval of the � disposition of an interest in City owned real estate and the Amended and Restated Development Agreement between the City of q Dubuque and Simmons Pet Food,Inc. including the issuance of s Urban Renewal Tax Increment Revenue Obligations, and City � Manager recommended approval. Becky Sisco, 1205 Pamela Ct., and DeVon Welty, 16435 Old Highway Rd., spoke during the public input section of the public hearing. Ms. Sisco provided statements regarding a 2017 cla5s action lawsuit against Simmons, the recent closure of a Simmons plant in I�' Pennsylvania, and the potential utility costs incurred by the � City for Simmons' use of the facility. Ms. Welty expressed ; concern about air quality and stated that she was pending the � EQI results from Simmons' Em�oria plant to determine the air i quality of the plant. Mr. Salmon introduced Andrew McEachern, { from Simmons' legal team, and Brian Potter, Vice President of i Operations, to respond to Ms. Sisco's and Ms. Welrys a statements. Mr. McEachern sta��d that the lawsuit that Ms. Sisco was referencing was recenily dismissed. Mr. McEachern also provided a summary of CEIAIR, a non-profit residential addiction recovery program that Simmons partners with to offer opportunities for participants, ar�d which was associated with ;{ the referenced class action laws�iit. Mr. Potter recommended contacting residents of Emporia to attest to the air quality. Mr. Potter stated that there are no unpleasant odors in the � i facility and referenced the comgany receiving the highest � possible rating for the past 10 years from BRC, an auditing company that audits pet food facilities and bakeries. Ms. � Welty asked if the BRC report is available to the public. Mr. I; McEachern stated he was unsure if the BRC report is available .j to the public, but the company has various scores that they ,� can make available upon request. City Manager Van Milligen i stated that the Water Resource�nd Recovery Center and the Water Department both have ex�sting capacity in their plants and do not need to add capacity. City Manager Van Milligen stated that the cost to process Simmons' utilities is a �, fraction of the revenue that the City will receive from the � company. City Manager Van Milligen also stated that the City must move one valve for water, which will cost$15,000, but this action is part of the City's conveyance system improvements that were established prior to Simmons' interest 'I in purchasing the facility. The C'ity Council spoke in favor of � the agreement and the positive benefits it will have on the community. Motion by Jones to receive and file the documents and adopt Resolution No. 359-20 Approving an Amended and I Restated Development Agreement between the City of Dubuque, ,1 and Simmons Pet Food, Inc. for the sale of City-owned property including the issue of Urban Renezval Tax Increment Revenue Obligations. Seconded by Lyncla. Motion carried 7-0. " There being no further business, Mayor Buol declared the meeting adjourned at 5:59 p.m. /s/Adrienne N. Breitfelder City Clerk lt 12/24 � d , ; b � � i