12 11 20 City Council Proceedings Official_SpecialCITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
OFFICIAL
The Dubuque City Council met in special session at 5:00 p.m. on December 11, 2020.
Due to the COVID-19 pandemic and mandates for social distancing, this meeting was
conducted 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.
Present: Mayor Buol; Council Members Cavanagh, Jones, Lynch, Resnick, Roussell,
Sprank; City Manager Van Milligen, City Attorney Brumwell
Mayor Buol read the call and stated this is a special session of the City Council called
for the purpose of conducting such business that may properly come before the City
Council.
ITEMS SET FOR PUBLIC HEARING
Motion by Jones to receive and file the documents, adopt the resolutions, set the public
hearings as indicated, and direct the City Clerk to publish notice as prescribed by law.
Seconded by Resnick. Motion carried 7-0.
1. Resolution setting a Public Hearing on the Dispos ition of an interest in City owned
real estate and the Amended 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: City Manager recommended the City Council set
a public hearing for December 17, 2020 for the disposition of city owned real estate,
approval of an Amended 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. City Manager Van Milligen introduced Scott
Salmon, President of Simmons Pet Food, Inc., who presented an overview of Simmons.
Upon motion the documents were received and filed and Resolution No. 356-20 Intent to
dispose of an interest in City of Dubuque real estate pursuant to an Amended and
Restated Development Agreement between the City of Dubuque and Simmons Pet Food,
Inc. and fixing the date for a public hearing of the City Council of the City of Dubuque,
Iowa on the Development Agreement including the proposed issuance of Urban Renewal
Tax Increment Revenue Grant Obligations and providing for the publication of notice
thereof was adopted setting a public hearing for a meeting to commence at 5:00 p.m. on
December 17, 2020 conducted virtually.
RESOLUTION NO. 356-20
INTENT TO DISPOSE OF AN INTEREST IN CITY OF DUBUQUE REAL ESTATE
PURSUANT TO AN AMENDED AND RESTATED DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF DUBUQUE AND SIMMONS PET FOOD, INC. AND FIXING
THE DATE FOR A PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA ON THE DEVELOPMENT AGREEMENT INCLUDING THE
PROPOSED ISSUANCE OF URBAN RENEWAL TAX INCREMENT REVENUE GRANT
OBLIGATIONS AND PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF
Whereas, the City of Dubuque, Iowa (City) is the owner of the following described real
property:
Lot 5 of Dubuque Industrial Center South First Addition in the City of
Dubuque, Iowa (Parcel A)
and that part of Lot C of Dubuque Industrial Center South First Addition in
the City of Dubuque, Iowa shown on Exhibit B (Parcel B)
(the Property); and
Whereas, City and Simmons Pet Food, Inc. have entered into an Amended and
Restated Development Agreement, subject to the approval of the City Council, pursuant
to which City will convey the Property to Simmons Pet Food, Inc., and Simmons Pet Food,
Inc. will construct on the Property certain Improvements described in the Amended and
Restated Development Agreement; and
Whereas, the City Council has tentatively determined that it would be in the best interests
of City to approve the Amended and Restated Development Agreement, including the
conveyance of the Property to Simmons Pet Food, Inc.; and
Whereas, the Amended and Restated Development Agreement provides for the
issuance by City of economic development grants to Simmons Pet Food, Inc., referred to
therein as Urban Renewal Tax Increment Revenue Grant Obligations, payable from the
tax increment revenues collected in respect of the Improvements to be constructed by
Simmons Pet Food, Inc. in accordance with the Amended and Restated Development
Agreement, for the purpose of carrying out the objectives of an Urban Renewal Plan as
hereinafter described; and
Whereas, before said obligations may be approved, Chapter 403 of the Code of Iowa
requires that the City Clerk publish a notice of the proposal and of the time and place of
the meeting at which the City Council proposes to take action thereon and at which
meeting the City Council shall receive oral and/or written objections from any resident or
property owner of said City to such proposed action.
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 foregoing -
described Property by Deed to Simmons Pet Food, Inc. pursuant to the proposed
Amended and Restated Development 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 City’s intent to dispose of the foregoing-described Property, to be held on the 17th day
of December, 2020 at 5:00 p.m. in the form attached hereto.
Section 3. The City Council will also meet at said time and place for the purpose of taking
action on the matter of authorizing Urban Renewal Tax Increment Revenue obligations and
the execution of the Amended and Restated Development Agreement relating thereto with
Simmons Pet Food, Inc., the proceeds of which obligations will be used to carry out certain
of the special financing activities described in the Urban Renewal Plan for the Dubuque
Industrial Center Economic Development District, consisting of the funding of economic
development grants to Simmons Pet Food, Inc. pursuant to the Amended and Restated
Development Agreement under the terms and conditions of said Urban Renewal Plan. It is
expected that the aggregate amount of the Tax Increment Revenue obligations will be
approximately $3,000,000
Section 4. The City Clerk is hereby directed to cause at least one publication to be
made of a notice of said meeting, in a newspaper, printed wholly in the English language,
published at least once weekly, and having general circulation in said City, said
publication to be not less than four days nor more than twenty days before the date of
said meeting on the disposal of the City’s interest in the Property and the issuance of said
obligations.
Section 5. That the notice of the proposed action shall be in substantia lly the form
attached hereto.
Passed, approved, and adopted this 11th day of December 2020.
Roy D. Buol, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
[Due to the ongoing COVID-19 pandemic, the City Council will meet virtually through
GoToMeeting. The official agenda will be posted on Wednesday, December 16, 2020 and
will contain listening, viewing, and public input options. The City Council agenda can b e
accessed at https://cityofdubuque.novusagenda.com/AgendaPublic/ or by contacting the
City Clerk’s Office at 563-589-4100, ctyclerk@cityofdubuque.org.]
ACTION ITEMS
1. Sponsorship and approval of Iowa Economic Development Authority Business
Financial Assistance Application submitted by Simmons Pet Food, Inc.: City Manager
recommended approval of a resolution authorizing sponsorship and approval of a
Business Financial Assistance application submitted by Simmons Pet Food, Inc. to the
Iowa Economic Development Authority. Motion by Lynch to receive and file the
documents and adopt Resolution No. 357-20 Authorizing sponsorship and approval of an
application to the Iowa Economic Development Authority for Business Financial
Assistance submitted by Simmons Pet Food, Inc. Seconded by Roussell. Motion carried
7-0.
RESOLUTION NO. 357-20
AUTHORIZING SPONSORSHIP AND APPROVAL OF AN APPLICATION TO THE
IOWA ECONOMIC DEVELOPMENT AUTHORITY FOR BUSINESS FINANCIAL
ASSISTANCE SUBMITTED BY SIMMONS PET FOOD, INC.
Whereas, Simmons Pet Food, Inc. is an Arkansas corporation operating a global
workforce of seven thousand three hundred fifty employees; and
Whereas, Simmons Pet Food, Inc. intends to acquire and operate in the former
Flexsteel Building at 501 Seippel Road in Dubuque, Iowa; and
Whereas, Simmons Pet Food, Inc. has proposed making an Eighty Million Dollar
($80,000,000.00) investment in the acquisition and redevelopment of 501 Seippel Road;
and
Whereas, financial assistance from the Iowa Economic Development Autho rity is
designed to assist in the economic development efforts of local jurisdictions; and
Whereas, the City Council of the City of Dubuque, Iowa has considered the proposal
and determined that the proposed project will contribute to the local economy thro ugh the
creation of two hundred seventy-one (271) full-time jobs in the City; and
Whereas, the City of Dubuque, Iowa is required to sponsor the application for funding
from the Iowa Economic Development Authority Business Financial Assistance Program
submitted by Simmons Pet Food, Inc.; and
Whereas, the City Council finds that the sponsorship and approval of an Application
for participation in the Iowa Economic Development Authority’s Business Financial
Assistance Program submitted by Simmons Pet Food, Inc ., a copy of which is attached
hereto, is in the best interests of the City of Dubuque.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the filing of an Application for participation in the Iowa Economic
Development Authority’s Business Financial Assistance Program by Simmons Pet Food,
Inc., a copy of which is attached hereto, is hereby approved.
Section 2. That the Mayor is hereby authorized to execute and the City Manager is
hereby directed to submit the Application to the Iowa Economic Development Authority
together with such other documents as may be required.
Passed, approved, and adopted this 11th day of December 2020.
Roy D. Buol, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
There being no further business, Mayor Buol declared the meeting adjourned at 5:18
p.m.
/s/Adrienne N. Breitfelder, City Clerk