Proceedings to Hold Public Hearing on the Issuance of Not to Exceed $27,000,000 Sewer Revenue Capital Loan Notes Old Mill Rd. Lift Station and Force Main Project - Phase ICity of Dubuque
City Council
all 311[ON:I=F-301►1616"I W]
Copyrighted
October 21, 2024
ITEM TITLE: Proceedings to Hold Public Hearing on the Issuance of Not to
Exceed $27,000,000 Sewer Revenue Capital Loan Notes
(State Revolving Loan Fund Program) Old Mill Rd. Lift Station
and Force Main Project — Phase I
SUMMARY: Proof of publication on notice of public hearing to consider
City Council approval of the suggested proceedings for the
public hearing on the issuance of a not to exceed
$27,000,000 Sewer Revenue Capital Loan Notes, State
Revolving Loan Fund Program, the proceeds of which will be
used to fund the Old Mill Road Lift Station and Force Main
Project projects, and City Manager recommending approval.
RESOLUTION Taking additional action on proposal to enter
into a Sewer Revenue Loan and Disbursement Agreement
SUGGUESTED Receive and File; Adopt Resolution(s)
DISPOSITION:
ATTACHMENTS:
1. MVM Memo Old MITI Rd LS SRF Public Hearing_2024_10_17
2. Old MITI Rd LS SRF Public Hearing_Staff memo_2024_10_17
3. 2nd Half Hrg Only Sewer Rev LDA (Old Mill) (Dubuque #9 2024)-v2
Page 1357 of 1713
THE CITY OF
DUB E
Masterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
Dubuque
All-Amerin Cigf
vsixhLLrn
2007-2012-2013
2017*2019
SUBJECT: Proceedings to Hold Public Hearing on the Issuance of Not to Exceed
$27,000,000 Sewer Revenue Capital Loan Notes (State Revolving Loan
Fund Program) Old Mill Rd. Lift Station and Force Main Project — Phase I
DATE: October 17, 2024
Chief Financial Officer Jennifer Larson recommends City Council approval of the
suggested proceedings for the public hearing on the issuance of a not to exceed
$27,000,000 Sewer Revenue Capital Loan Notes, State Revolving Loan Fund Program,
the proceeds of which will be used to fund the Old Mill Road Lift Station and Force Main
Project projects.
The Old Mill Road Lift Station and Force Main Project is the first of several
improvements that are needed, within the Catfish Creek Interceptor Sewer system, to
provide adequate capacity to serve existing development within the City, and to allow
for additional flow from future developments and the growth of the City.
The Old Mill Road Lift Station and Force Main Project is being funded utilizing American
Rescue Plan Act funding for the design portion of both phases I and II. The
construction and construction engineering, for phase I & 11, will be funded utilizing State
Revolving Fund (SRF) loan proceeds
I concur with the recommendation and respectfully request Mayor and City Council
approval.
I�A� k�4 J�e�
Michael C. Van Milligen
Page 1358 of 1713
MCVM/jml
Attachment
CC' Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Gus Psihoyos, City Engineer
Brian DeMoss, Finance Manager
Page 1359 of 1713
THE CITY OF
DUB E
Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
FROM: Jennifer Larson, Chief Financial Officer
Dubuque
AI -America City
II I.,
2007 • 2012 • 2013
SUBJECT: Proceedings to Hold Public Hearing on the Issuance of Not to Exceed
$27,000,000 Sewer Revenue Capital Loan Notes (State Revolving Loan
Fund Program) Old Mill Rd. Lift Station and Force Main Project — Phase I
DATE: October 17, 2024
INTRODUCTION
The purpose of this memorandum is to provide suggested proceedings for the public
hearing on the issuance of a not to exceed $27,000,000 Sewer Revenue Capital Loan
Notes.
BACKGROUND
The older sections of the Catfish Creek Sanitary Sewer (CCSS) that deliver wastewater to
the Catfish Creek Pump Station (CCPS) were constructed circa late 1960s. It is common for
sanitary sewer pipes to remain in service for 60 years or longer. However, when sizing an
interceptor sewer, it is not common to design it to handle predicted flows more than 50 years
into the future, most often a 25-year timespan is considered. The CCPS was last upgraded
in 1995 based on predicting growth over the next 20-30 years, consistent with a 25-year life
for a lift station.
Despite challenges due to terrain (i.e. steep slopes, bluffs, shallow rock, etc.), the City has
experienced significant growth within the Catfish Creek sewer shed in the last 20 years.
Based on land use mapping in GIS, and only considering development that has occurred
over the last twenty years, within the tributary area, the design flow to the CCSS and the
CCPS has grown by 6.5 MGD (million gallons per day) since the pump station was last
upgraded in 1995 to a capacity of 8.0 MGD.
Due to potential development area within the CCSS tributary area, the City hired Strand
Associates, Inc. (Strand) in late 2018 to develop a better understanding of the hydraulic
capacity of the Catfish Creek Sanitary Sewer collection system. The analysis of the CCSS
and the CCPS involved the implementation of a flow metering program and the development
of a sanitary sewer model. One of the things that the computer model revealed is that some
Page 1360 of 1713
wet weather events will result in the flow rising above the top of the pipe, at certain locations,
such that the sanitary system becomes pressurized which is an indicator of possible SSO's
In late December of 2020, Strand provided the City with final drafts of both the study, for
Catfish Creek Sanitary Sewer collection system, and a more focused technical memo which
evaluated the effect of adding new industrial flow to the existing system.
On January 4, 2021, a State Revolving Fund (SRF) Planning and Design Loan Intended
Use Plan (IUP) application in the amount of $350,000 was submitted to the State for the
"Catfish Creek Lift Station & Force Main Project (that) involves system improvements to
address wet -weather related overflows at the Catfish Creek Lift Station and provide capacity
for future development within the Catfish Creek sewer shed".
On April 28, 2021, the City authorized Strand Task Order One, which provided for the
development of a facility plan and design of the Old Mill road lift station to a 30% level. This
level of design provided the City with a basis of design, a refined cost estimate, and the
necessary information to allow the City to submit a facility Plan to IDNR to begin the SRF
construction loan process. The 30% design followed the recommended improvement option
identified in the January 7, 2021, memo regarding the results of the Catfish Creek Sanitary
Sewer Interceptor system study, which evaluated the existing system capacity and identified
improvements to ensure that it has adequate capacity for existing developments and for
growth throughout the tributary area.
The City of Dubuque submitted a facility plan to Iowa Department of Natural Resources
(IDNR), in May of 2021, for the construction of a 20 MGD sanitary sewer lift station and 30"
dual force mains. The facility plan is based on the results of an intensive evaluation of the
existing interceptor collection and pumping systems that transport sewage to the Water
Resource Recovery Center (WRRC). Several options were considered, and the City chose
to proceed with the design and construction of the Old Mill Road Lift Station and Force Main
Project, a recommended option. At the June 7, 2021, the City Council meeting, the City
Council approved the facility plan and IUP application for the Old Mill Rd. Lift Station and
Force Main Project.
Through the RFP process, Strand Associates, Inc (Strand) was selected and in February of
2022, the City entered into an agreement with Strand Associates to complete the final design
of; the lift station, force main structures, modifications to WRRC headworks, assist City staff
with bidding services and with railroad permitting for the horizontal bores under the railroad
tracks. City Staff provided the site and utility design for the remainder of the project, along
with all coordination with IDNR and property acquisitions.
Part of the SRF process is to complete an environmental review for the effected project
area, which is conducted by IDNR staff along with other state agencies. One of the items
that is looked at is the history of the area to determine the historical significance of the area,
if any. The Office of the State Archaeologist (OSA) conducted a phase I archaeological
study, due to a portion of the project alignment running through the old Town of Rockdale.
Some artifacts, from the settlement, were recovered and it was determined that a more in-
depth phase II study was warranted. OSA and the State Historic Preservation Office
Page 1361 of 1713
(SHPO) directed the City to complete a Phase II archeological study. Due to the results of
the phase II study, it was determined that an alternate alignment needed to be evaluated to
avoid the Town of Rockdale. Once the alternate alignment was selected, a second phase
II archeological study was completed for the alternate alignment. The alternate alignment
was cleared by SHPO, and the design was able to be completed for the entire project.
Due to available funding and the funding being spread over five fiscal years, a revised facility
plan was submitted in May of 2024, that split the project into two phases. The first phase
being the lift station and site development and the second phase being the force mains, from
the lift station to WRRC, along with the force main structures. The revised facility plan was
approved by IDNR in June of 2024. The phased approach allows the City to begin with the
longest duration portion of the project, with currently available funding, and start the second
phase of the project a year later, when the remainder of the funding becomes available in
FY26 and FY27. The second phase is scheduled to be substantially complete prior to the
first phase completion.
DISCUSSION
The Old Mill Road Lift Station and Force Main Project is the first of several improvements
that are needed, within the Catfish Creek Interceptor Sewer system, to provide adequate
capacity to serve existing development, within the City, and to allow for additional flow from
future developments and the growth of the City.
The Old Mill Road Lift Station and Force Main Project is being funded utilizing ARPA funding
for the design portion of both phases I and 11. The construction and construction
engineering, for phase I & II, will be funded utilizing State Revolving Fund (SRF) loan
proceeds
The Capital Improvement budget includes funding from FY22 thru FY 27 for both phases of
the Old Mill Rd. Lift Station and Force Main Project. Due to the expected duration of Phase
a portion of the FY26 funding, in the amount of $3,649,944.34, is being utilized to fully fund
phase I. The remainder of the FY26 & FY27 budgets, $9,546,424.56, will be used to fund
Phase II construction under a separate SRF loan.
ACTION TO BE TAKEN
I respectfully recommend holding the public hearing and the adoption of the resolution.
Attachments
cc: Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Brian DeMoss, Finance Manager
Page 1362 of 1713
DORSEY
DORSEY+WHI-rNEY LLP
October 17, 2024
VIA EMAIL
Jenny Larson
Chief Financial Officer
Dubuque, Iowa
Re: $27,000,000 SRF Sewer Revenue Loan and Disbursement Agreement
Our File No. 430411-9
Dear Jenny:
We have prepared and attach proceedings for the October 21, 2024, City Council meeting related to
the public hearing and additional action on the Sewer Revenue Loan and Disbursement Agreement (the
"Agreement") in connection with the Old Mill Lift Station Project.
The proceedings attached include the following items:
1. Minutes of the meeting covering the public hearing, followed by the resolution taking
additional action in connection with the Agreement. This resolution simply sets forth the City Council's
determination to enter into the Agreement in the future and its adoption constitutes the "additional action"
required by the Iowa Code.
2. Attestation Certificate with respect to the validity of the transcript.
On October 21, 2024, the City Council should meet as scheduled and hold the hearing on its intention
to enter into the Agreement. The minutes as drafted assume that no objections will be filed or made.
Please return one fully executed copy of these proceedings to our office as soon as possible. Please
call me if you have questions.
Best regards,
David D. Grossklaus
John P. Danos
Attachments
cc: Crenna Brumwell
Adrienne Breitfelder
Todd Irwin
Tionna Pooler
Tracy Scebold
Tony Toigo
Lee Wagner
Rick Andriano
8oi Grand Avenue I Suite 41001 Des Moines, IA 15o3og-800z IT 515.283.1000 I dorsey.com
Page 1363 of 1713
Dubuque /430411-9// 2nd Y2 Hrg Only Sewer Rev (Old Mill)
(Hearing — Sewer Revenue)
430411-9
Dubuque, Iowa
October 21, 2024
The City Council of the City of Dubuque, Iowa, met on October 21, 2024, at 6:30 p.m., at
the Historic Federal Building, 350 W. 6t' St, Second Floor Council Chambers, Dubuque, Iowa.
The meeting was called to order by the Mayor, and the roll was called showing the following
members of the Council present and absent:
Present: Mayor Cavanagh; Council Members Farber, Jones, Resnick, Roussell, Sprank,
Wethal.
Absent: None.
This being the time and place specified for holding the public hearing and taking action on
the proposal to enter into a Sewer Revenue Loan and Disbursement Agreement, the City Clerk
announced that no written objections had been placed on file. Whereupon, the Mayor called for
any written or oral objections, and there being none, the Mayor declared the public hearing closed.
After due consideration and discussion, Council Member Sprank introduced the following
resolution and moved its adoption, seconded by Council Member Farber. The Mayor put the
question upon the adoption of said resolution, and the roll being called, the following Council
Members voted:
Ayes: Wethal, Farber, Resnick, Cavanagh, Roussell, Sprank, Jones.
Nays: None.
Whereupon, the Mayor declared the resolution duly adopted, as follows:
DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA
Dubuque / 43041 l-9 / 2nd % Hrg Only Sewer Rev (Old Mill)
RESOLUTION NO. 340-24
Resolution taking additional action on proposal to enter into a Sewer Revenue Loan
and Disbursement Agreement
WHEREAS, the City of Dubuque (the "City"), in Dubuque County, State of Iowa, did
heretofore establish a Municipal Sanitary Sewer System (the "Utility") in and for the City which
has continuously supplied sanitary sewer service in and to the City and its inhabitants since its
establishment; and
WHEREAS, the management and control of the Utility are vested in the City Council (the
"Council") and no board of trustees exists for this purpose; and
WHEREAS, pursuant to prior resolutions of the Council, the City has heretofore issued
sewer revenue bonds or notes as set forth in prior proceedings of the Council, and a portion of such
prior sewer revenue debt remains outstanding (the "Outstanding Indebtedness"); and
WHEREAS, pursuant to the resolutions relating to and authorizing the Outstanding
Indebtedness (the "Outstanding Bond Resolutions") the City reserved the right to issue additional
obligations payable from the net revenues of the Utility and ranking on a parity with the
Outstanding Indebtedness under the terms and conditions set forth in the Outstanding Bond
Resolutions; and
WHEREAS, the City has heretofore proposed to contract indebtedness and enter into a
certain Sewer Revenue Loan and Disbursement Agreement (the "Agreement") and to borrow
money thereunder in a principal amount not to exceed $27,000,000, pursuant to the provisions of
Section 3 84.24A of the Code of Iowa, for the purpose of paying the cost, to that extent, of planning,
designing and constructing improvements and extensions to the Utility, and has published notice
of the proposed action and has held a hearing thereon on October 21, 2024;
NOW, THEREFORE, Be It Resolved by the City Council of the City of Dubuque, Iowa,
as follows:
Section 1. The City Council hereby determines to enter into the Agreement in the
future and orders that Sewer Revenue Bonds be issued at such time in evidence thereof. The City
Council further declares that this resolution constitutes the "additional action" required by
Section 384.24A of the Code of Iowa.
Section 2. All resolutions or parts thereof in conflict herewith are hereby repealed, to
the extent of such conflict.
-2-
DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA
Dubuque / 430411-9 / 2nd'h Hrg Only Sewer Rev (Old Mill)
Section 3. This resolution shall be in full force and effect immediately upon its
adoption and approval, as provided by law.
Passed and approved October 21, 2024.
ayor
Attest:
City Clerk
. • •
On motion and vote, the meeting adjourned.
Attest:
4,-
,(L� Alf
.G ''9'1
City Clerk
-3-
DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA
Dubuque / 430411-9 / 2nd'h Hrg Only Sewer Rev (Old Mill)
ATTESTATION CERTIFICATE:
STATE OF IOWA
DUBUQUE COUNTY SS:
CITY OF DUBUQUE
I, the undersigned, City Clerk of the City of Dubuque, do hereby certify that attached hereto
is a true and correct copy of the proceedings of the City Council relating to the hearing on the City
Council's intention to enter into a Sewer Revenue Loan and Disbursement Agreement in a
principal amount not to exceed $27,000,000.
WITNESS MY HAND this 3 1 day of CJc%06,er , 2024.
City Clerk
-4-
DORSEY & WRITNEY LLP, ATTORNEYS, DES MOINES, IOWA
STATE OF IOWA SS:
DUBUQUE COUNTY
CERTIFICATE OF PUBLICATION
I, Matt McGuire, 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:
10/11/2024
and for which the charge is 31.35
Subscribed to before me, a Notary Public in and for
Dubuque County, Iowa,
this 11th day of October, 2024
A- 2"
Notary C3
lic in and for Dubuque County, Iowa.
v,P:AL .„ JANET K. PAPE _r
q y Commission Number 199659
z ?�., r
My Commission Expiies
Iowa 12/11/2025
Ad text
CITY OF DUBUQUE, IOWA
OFFICIAL NOTICE
NOTICE OF PROPOSED ACTION TO INSTITUTE
PROCEEDINGS TO ENTER INTO A LOAN AND DISBURSEMENT AGREEMENT
IN A PRINCIPAL AMOUNT NOT TO EXCEED $27,000,000
(SEWER REVENUE)
The City Council of the City of Dubuque, Iowa, will meet on
October 21, 2024, at 6:30 p.m., at the Historic Federal
Building, 350 W. 6th St, Second Floor Council Chambers, for
the purpose of instituting proceedings and taking action to
enter into a loan and disbursement agreement (the Agreement)
and to borrow money thereunder in a principal amount not to
exceed $27,000,000 for the purpose of paying the cost, to that
extent, of planning, designing and constructing improvements
and extensions to the Municipal Sanitary Sewer System (the
Utility) of the City.
The Agreement will not constitute a general obligation of
the City, nor will it be payable in any manner by taxation
but, together with the Citys outstanding Sewer Revenue
Indebtedness and any additional obligations of the City as may
be hereafter issued and outstanding from time to time ranking
on a parity therewith, will be payable solely and only from
the Net Revenues of the Utility.
At that time and place, oral or written objections may be
filed or made to the proposal to enter into the Agreement.
After receiving objections, the City may determine to enter
into the Agreement, in which case, the decision will be final
unless appealed to the District Court within fifteen (15) days
thereafter.
By order of the City Council of the City of Dubuque, Iowa.
Adrienne Breitfelder
City Clerk
1t 10/11