Flexsteel Drainage Improvement Agreement_Second Amendment
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MEMORANDUM
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September 25, 2006
TO: The Honorable Mayor and City Council Members
FROM:
Michael C. Van Milligen, City Manager
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SUBJECT: Flexsteel Drainage Improvement Agreement
City Engineer Gus Psihoyos is recommending modification to the terms of the operation
and maintenance agreement for the Flexsteel flood control system established in 1992
between Flexsteellndustries, Dubuque County, and the City of Dubuque.
Flexsteel Senior Vice President and General Manager Patrick M. Crahan has agreed to
these changes and signed the Second Amendment to Flexsteel Drainage Improvement
Agreement.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
(IlL! ~ 4{
MiChael c. Van Milligen
MCVM/ksf
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Gus Psihoyos, City Engineer
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MEMORANDUM
September 20, 2006
FROM:
Michael C. Van Milligen, City Manageor
Gus Psi hoyos, City Engineer ~_
Flexsteel Drainage Improvement Agreement
TO:
SUBJECT:
INTRODUCTION
The purpose of this memo is to present Engineering's recommendation to modify the
terms of the operation and maintenance agreement for the Flexsteel flood control
system established in 1993 between Flexsteellndustries, Dubuque County, and the City
of Dubuque.
BACKGROUND
In the fall of 1993, Flexsteel Industries, Dubuque County, and the City of Dubuque
officially formed a partnership to address the drainage in the vicinity of Flexsteel. The
City and County each committed to funding an equal third, up to $100,000, for the
improvement project that was designed by IIW Engineers. The project was completed in
the winter of 1995 for $301 ,672.99.
The jointly funded project included sewers to convey stormwater from Olympic Heights,
Highway US52, and Jackson Street to the area north of Flexsteel. It also included a
levee, detention area, and pump station to prevent flooding from the Sageville drainage
ditch. The pumping station consisted of a single 12,000 gallon per minute pump.
In 1998, the City discovered that debris had filled the storm sewers that convey
stormwater from Olympic Heights and US52. While storm sewers are typically designed
to pass sediment that naturally passes through a watershed, the gradient, or slope, of
the existing storm sewers from Olympic Heights and US52 makes them susceptible to
the buildup of debris. Because of the age and location of the storm sewers, and
because the cost of cleaning approaches reconstruction, reconstruction was chosen
over cleaning. In 1999, the City budgeted $338,000 to reconstruct the storm sewers
that serve Olympic Heights, US52, and Jackson Street.
BUDGET IMPACT
The City currently pays approximately $1,000 in electrical charges annually for the
pump station. Silt removal may be necessary in the next ten years and will likely
average out to be less than the annual electrical cost. The annual Detention Basin Silt
Removal CIP (7201375) would be adjusted accordingly to cover the cost.
ACTION TO BE TAKEN
I respectfully request adoption of the attached resolution amending the terms of the
Flexsteel Drainage Improvement Agreement for the Flexsteel flood control system
established in 1993 between Flexsteel Industries, Dubuque County, and the City of
Dubuque through the execution of the attached Second Amendment to Flexsteel
Drainage Improvement Agreement.
If the City Council executes the Second Amendment to Flexsteel Drainage Improvement
Agreement, it will be presented to the Dubuque County Board of Supervisors.
Prepared by Deron Muehring
cc: Cindy Steinhauser, Assistant City Manager
Barry Lindahl, City Attorney
Don Vogt, Public Works Director
Deron Muehring, Civil Engineer II
Prepared by Barry A. Lindahl 300 Main Street Suite 330 Dubuque IA 52001 563 583-4113
RESOLUTION NO. 462-06
APPROVING THE SECOND AMENDMENT TO THE FLEXSTEEL DRAINAGE
IMPROVEMENT AGREEMENT
Whereas, on September 10, 1993, the City of Dubuque, Iowa (City), the County
of Dubuque, Iowa (County), and Flexsteel Industries Incorporated (Flexsteel) entered
into the Flexsteel Drainage Improvement Agreement providing for a drainage
improvement on Flexsteel property; and
Whereas, City, County and Flexsteel now desire to further amend the Agreement
as set forth in the Second Amendment attached hereto.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the Second Amendment to the Flexsteel Drainage Improvement
Agreement, attached hereto, is hereby approved, and the Mayor is hereby authorized
and directed to sign the Second Amendment on behalf of the City of Dubuque.
Passed, adopted and approved this 2nd
Attest:
eanne F. Schneider, CMC, City Clerk
day of October , 2006.
v
fRoy D. Buol, Mayor
RESOLUTION NUMBER Q 6) Z-�-b
WHEREAS, Dubuque County has been presented with a Second Amendment to the Flexsteel
Drainage Improvement Agreement which outlines changes to include that the City of Dubuque
covers two thirds of any future silt removal costs, that the City of Dubuque will absorb the costs
of electrical service associated with the entire pump station and that any future cost to replace the
second pump installed by the City of Dubuque in 2002 be the sole responsibility of the City of
Dubuque
NOW, THE.RF.FORE BE IT RESOLVED to nnnrnye and aiitbori?e the Chairperson to sign the
Second Amendment to the Flexsteel Drainage Improvement Agreement.
Resolution adopted this 6th day of November, 2006
Wayne sd emmer, Chairperson
Attest:
Denise M. Dolan, County Auditor
SECOND AMENDMENT
TO
FLEXSTEEL DRAINAGE IMPROVEMENT AGREEMENT
The Second Amendment to Flexsteel Drainage Improvement District is dated for
reference purposes this 0 day of &1016br , 200,6 .
Whereas, on September 10, 1993, the City of Dubuque, Iowa (City), the County
of Dubuque, Iowa (County), and Flexsteel Industries Incorporated (Flexsteel) entered
into the Flexsteel Drainage Improvement Agreement providing for a drainage
improvement on Flexsteel property; and
Whereas, City, County and Flexsteel now desire to further amend the Agreement
as set forth herein.
NOW, THEREFORE, IT AGREED BY AND AMONG THE PARTIES AS
FOLLOWS:
The Flexsteel Drainage Improvement Agreement, dated September 10th, 1993,
and amended on December 6, 1993, is hereby amended as follows:
1. Paragraph 3 thereof is deleted and the following new Paragraph 3 is hereby
substituted in lieu thereof:
3. City, County and Flexsteel further agree to share on an equal basis the
costs of the long-term maintenance of the Improvement that City and County
determine to be necessary, including but not limited to the replacement of the
pump funded by the City, County and Flexsteel in 1994. However, City shall
be responsible for two thirds of the cost and County shall be responsible for
one third of the cost of silt removal from the Flexsteel Detention Basin. It is
the intention of the parties under this Paragraph 3 that any such costs shall
relate solely to the Improvement and not to any other work within the Couler
Valley Urban Drainage District unless otherwise agreed to in writing by the
parties.
2. Paragraph 4 thereof is deleted and the following new Paragraph 4 is hereby
substituted in lieu thereof:
4. Flexsteel shall be fully and solely responsible for the day-to-day operation
of and the expenses for its facility and the Improvement, including but not
limited to, maintenance of grass and personnel costs for opening and closing
valves, oiling and exercising the pumps, all as may be required to ensure the
proper functioning of the Improvement. City shall be responsible for the
electric charges for the pumps.
CITY OF DUBUQUE, IOWA,
Am -
Roy D. Buo� Mayor
City of Dub que
COUNTY OF DUBUQUE, IOWA,
by: W,,,�,,
Wayne Demmer, Chairperson
Board bf Supervisors
FLEXSTEEL INDUSTRIES INCORPORATED
By.
Patrick M. Crah
Senior Vice President & General Manager
FLEXSTEEL DHAINAGE IMPROVEMENT AGREEMENT
WHEREAS,
Dubuque, Iotva
Establishment
the City of Dubuque, Iowa (City), and the County of
(County), have entered into an Agreement for the
of the Couler Valley Urban Drainage District; and
WHEREAS, said Agreement provides for cooperation between the
Ci ty and County for the identification and construction,
improvement or repair of certain drainage improvements that the
County and City determine benefit the property within the Couler
Valley Urban Drainage District; and
WHEREAS, City and County have determined that it is a benefit
to the property within the COUler Valley Urban Drainage District to
prOvide for a drainage improvement for Flexsteel Industries
Incorporated (Flexsteel), property which is located in both the
City of DUbuque and in DUbuque County; and
WHEREA~" Flexsteel desires to enter into an agreement with
City and County for the development of such drainage improvement;
It is t.herefore agreed by and among City, County and Flexsteel
as follows:
1. Ci ty, County and Flexsteel agree to cooperate to implement the
reconunendation set forth in the May 25, 1993, report of IIW
Engineers and Surveyors, p. C. , re: Drainage at Flexsteel
Industries, to be referred to as the F1exsteel Drainage Improvement
(Improvement) . A written construction plan for the Improvement
shall be agreed to by City, County and Flexsteel before beginning
final design of the Improvement.
2. The parties agree to contribute to the cost of the Improvement
in equal shares, but the share of the County and the share of the
City shall not exceed $100,000 each.
3. City, County and Flexsteel further agree to share on an equal
basis the long-term maintenance costs of the improvement, which
City and County determine to be necessary, including but not
limited to, the removal of silt from the Flexsteel Detention Basin
and the replacement of pumps.
4. Flexsteel agrees that it will be fully and Solely responsible
for the day-to-day operation of and the expenses for its facility
and the Improvement, including but not limited to, electric charges
for PUmping, maintenance of grass, and personnel costs for opening
and clOsing valves as is required to ensure the proper functionins
of the Improvement.
-2-
5. City,
efforts to
1994.
County and F1exsteel agree to exercise their best
complete construction of the Improvement by Spring,
Dated this
lOth
day of September
, 1993.
CITY OF DUBUQUE, IOWA,
COUNTY OF DUBUQUE, IOWA,
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by:
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FLEXSTEEL INDUSTRIES INCORPORATED
by, Wl-J~.1~ -v~R-.w<
FIRST ANENDMENT TO FLEXSTEEL DRAINAGE IMPROVEMENT AGREEMENT
The Flexsteel Drainage Improvement Agreement, dated September
10th, 1993, is hereby amended as follows:
1. Paragraph 3 thereof is deleted and the fOllowing new Paragraph
3 is hereby substituted in lieu thereof:
3. City, County and Flexsteel further agree to share on an
equal basis the long-term maintenance costs of the
Improvement, which City and County determine to be necessary,
including but not limited to, the removal of silt from the
Flexsteel Detention Basin and the replacement of pumps. It is
the intention of the parties under this Paragraph 3 that any
such costs shall relate Solely to the Improvement and not to
any other work within the Couler Valley Urban Drainage
District unless otherwise agreed to in writing by the parties.
6th
day of
Decemter
Dated this
, 1993.
CITY OF DUBUQUE, IOWA,
a
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COUNTY OF DUBUQUE, IOWA,
by:
mes E. Brady,
City of Dubuque
or
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by: i '; ,/,-:..f -,/ V;", /~
Donna Smlth, Chalrperson
Board of SUpervisors
by:
FLEXSTEEL IN~T
@~;/
Patrick . Crahan
vice President & General
INCORPORATED
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/c..~I:;~ ~
Manager
-
Patric/, M. Crahan
Vice Prcsidtnt & General Manager
FLEXSTEEL INDUSTRIES Il'<cORPORATED
POST OFFICE Box 877 . DUBUQUE, IOWA 52004-0877
563.556 773o/TELEPHONE . 56}. 556, 8345/FAX
August 18, 2006
Mr. Deron Muehring, Civil Engineer
City of Dubuque
50 W 13th St
Dubuque IA 52001
Dear Mr. Muehring:
Thank you very much for your correspondence of August 7, 2006 regarding the
Flexsteel drainage improvement agreement. We at Flexsteel greatly appreciate
your support in modifying this agreement to maintain the flood controls that were
implemented in 1993.
I have enclosed a signed copy of the Second Amendment to Flexsteel Drainage
Improvement Agreement.
PMC: cmm
Ene!.
-
Patrick M. Crahan
Vice President & General Manager
FLEXSTEEL INDUSTRIES INCORPORATED
POST OFFICE Box 877 . DUBUQUE, IOWA 52004-0877
56) .556. 7730ITELEPHONE . 563 .556. 8345/FAX
October 26, 2005
Mr. Deran Muehring, Civil Engineer
City of Dubuque
Engineering
50 W 13th St
Dubuque IA 52001
Dear Mr. Muehring:
Thank you for your letter of October 10, 2005 regarding the Flexsteel Drainage
Improvement Agreement.
After reviewing the proposed recommendations to the City Council to amend the
Flexsteel Drainage Improvement Agreement, Flexsteel agrees with your
suggestions. We greatly appreciate the support the City has shown in minimizing
the risk of water damage and prudent cost containment.
J:J'Ck
Patrick M. Crahan
Sr. VP & General Manager
PMC: cmm
cc: Gus Psihoyos, City Engineer
Steve Goffinet, Maint. Mgr. Flexsteel
Di;~~E
~ck~
City of Dubuque
Engineering
50. W. 13'h Street
Dubuque, IA 52001
(563) 589-4270
Patrick M. Crahan
Sr. VP & General Manager
Flexsteellndustries, Inc.
Post Office Box 877
Dubuque, IA 52004-0877
October 10, 2005
RE: Flexsteel Drainage Improvement Agreement
Dear Mr. Crahan:
This letter is in response to your letter of April 5, 2005 proposing changes to the
"Flexsteel Drainage Improvement Agreement" between Flexsteel, Dubuque County, and
the City of Dubuque established in 1993.
The long-term maintenance costs associated with the pump station and detention area
are:
1. Silt removal;
2. Pump replacement; and
3. Pump station repairs.
Under the current agreement, all three would be funded equally between Flexsteel, the
County, and the City with one exception. The replacement of the second pump that was
funded entirely by the City was not included in the original project or original agreement.
While it will be at the discretion of the City Council, City staff is prepared to recommend
at this time that the City assume two thirds of the cost of silt removal with the County
responsible for the originally agreed upon third. While it is reasonable to consider
sharing future replacement costs associated with the second pump funded entirely by
the City, City staff recommends that its replacement cost remain the responsibility of the
City.
The day-to-day operations include:
1. Pump electrical costs;
2. Oiling and exercising the pumps;
3. Mowing the detention area; and
4. Observation to ensure that the pumps are operational.
As you mentioned, the City is already paying for the electrical costs associated with
both pumps, a change from the original agreement as Flexsteel once covered this cost.
Crahan
Page 2 of 2
The change arose in conjunction with the installation of the second pump. Although
there was only one pump at the time of the original agreement, the new pump does the
majority of the pumping. Therefore, it may seem reasonable for Flexsteel to assume
the electrical costs associated with both pumps. But City staff recommends that the City
continue to pay the electrical charges associated with the entire pump station.
We feel that Flexsteel should remain a partner with regard to pump station repair and
maintenance/replacement costs associated with the original pump. Moreover, we
believe that it is more practical for Flexsteel to continue to oil and exercise the pumps,
continue to mow the detention area, and observe the functionality of the pump station.
To help augment observation of the pump station operation, the City has the capability
(for approximately $3,000) to add the pump station to the supervisory control and data
acquisition (SCADA) system under development for the City of Dubuque Water
Pollution Control Department. It would allow an operator at the City wastewater
treatment plant to observe (in real time) the operation of the pump station _ verify that
the pumps are on and pumping water. We are prepared to recommend this option, all at
the City's cost, to serve as a backup to the observation of the pump station by Flexsteel
personnel.
I appreciate the effective working relationship between Flexsteel and the City with
regard to this matter, a relationship that you helped cultivate back in the early 90's when
the issue of stormwater management in the vicinity of Flexsteel was brought to the
forefront. I would appreciate your position with regard to our proposed
recommendations. Pending your response we will present them to the City Council.
I will contact you the week of October 1 yth to verify that you are in receipt of this letter.
Sincerely,
"
~.[JuI11;f[//)
Deron L. Muehring, Civil Engineer
City of DUbuque (IA)
attachments
Cc: Gus PSihoyos, City Engineer
'8
Patrick M. Crahan
Vice President & General Mana!!;er
FLFX~TEEL INDUSTRIES INCORPORATfD
POST OffICE Box 877 . DUBUQUE, !UWA 52004-0877
56} 556 773o/TfLFI'HONE . 56, 556 8.345/FAX
Aprils, 2005
Mr. Deron Muehring, Civil Engineer
City of Dubuque
50 W 13th St
Dubuque IA 52001
Dear Deron:
Thank you for your March 21't explanation regarding the City of Dubuque's goal of
reconstructing the storm sewer from US 52 and Olympic Heights run off into the
"Flcxsteel drainage improvement".
I am proposing an amendment to the Flexsteel Drainage Improvement Agreement that
would include the following:
1. Long-term maintenance costs will be the responsibility of the City of
Dubuque.
2. The City of Dubuque will assume the responsibility for the day-to-day
operational costs. Please note that with the installation of a second pump
and a direct power line by the City of Dubuque, this is in affect already.
Thank you for your consideration in this matter.
~
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Patrick M. Crahan
Sr. VP & General Manager
F1exsteel Industries, Inc.
PMC: cmm
cc: Michael C. VanMilligen - City Manager
Cindy Steinhauser - Asst. City Manager
Gus Psihoyos - City Engineer