Proceedings to Set Public Hearing for the Issuance of Not to Exceed $1,600,000 Stormwater Revenue Capital Loan Notes (State Revolvoing Loan Fund Program) Bee Branch Gate and Pump ProjectCity of Dubuque
City Council
Copyrighted
April 21, 2025
ITEMS SET FOR PUBLIC HEARING # 4.
ITEM TITLE: Proceedings to Set Public Hearing on June 2, 2025 for the
Issuance of Not to Exceed $1,600,000 Stormwater Revenue
Capital Loan Notes (State Revolving Loan Fund Program)
Bee Branch Gate and Pump Project
SUMMARY: City Manager recommending that a public hearing be set for
June 2, 2025, on the issuance of a not to exceed $1,600,000
Stormwtaer Revenue Capital Loan Notes, State Revolving
Loan Fund Program, the proceeds of which will be used to
fund the Bee Branch Gate and Pump Project.
RESOLUTION To fix a date for a public hearing on proposal
to enter into a Stormwater Revenue Loan and Disbursement
Agreement and to borrow money thereunder in a principal
amount not to exceed $1,600,000
SUGGUESTED Receive and File; Adopt Resolution(s), Set Public Hearing for
DISPOSITION: June 2, 2025
ATTACHMENTS:
1. Bee Branch Gate and Pump SRF Set Public Hearing_MVM Memo_2025_04_15
2. Bee Branch Pump and Gate SRF Set Public Hearing_Staff memo_2025_04_15
3. 1st Half Set Hrg Storm Water Rev LDA (16th St Basin) (Dubuque #18 2025)-v2
Page 304 of 1152
THE C
DUUB--'*--TE
Masterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
Dubuque
All-Anerin City
I
II
2007.2012.2013
2017*2019
SUBJECT: Proceedings to Set Public Hearing on June 2, 2025 for the Issuance of
Not to Exceed $1,600,000 Stormwater Revenue Capital Loan Notes (State
Revolving Loan Fund Program) Bee Branch Gate and Pump Project
DATE: April 15, 2025
Chief Financial Officer Jennifer Larson recommends that a public hearing be set for
June 2, 2025, on the issuance of a not to exceed $1,600,000 Stormwtaer Revenue
Capital Loan Notes, State Revolving Loan Fund Program, the proceeds of which will be
used to fund the Bee Branch Gate and Pump Project.
The proposed Dubuque Gate & Pump Station Flood Mitigation (16t" St Detention Basin)
(Project) involves construction of a new pump station that includes the following
elements:
• New flood gates.
• Replacement of the two existing flood pumps with four new pumps.
• Replacement and updating of the electrical service to current standards; and
• Installation of a back-up generator for the additional pumps to address the
needed resiliency being demanded by the storms of recent years.
The new flood gates will be constructed on the basin side of the levee (on the west side
of Kerper Boulevard) across the street from the existing pump station which allows for
the pumps to operate more efficiently, eliminates the environmental concerns on the
river side of the levee, and allows for operation of the existing facility to maintain flood
protection during construction of the new facility. Instead of utilizing the two existing
90,000 gallon per minute (gpm) pumps that are more than 50 years old, the new facility
will have four 90,000 gpm pumps. This allows for redundancy in the event of a pump
failure. In concert with the Bee Branch Creek Restoration Project (including the Bee
Branch Railroad Culverts Project), the proposed project improvements will provide a
system that can accommodate the flooding that occurred between 1999 and 2011 —
flooding that has resulted in six presidential disaster declarations due to public and
private property damage, flooding that has impacted more than 1,300 homes and
businesses. It also provides for additional resiliency options as rainstorms increase in
both depth and intensity.
Page 305 of 1152
The State Revolving Fund loan will have a variable interest rate of 2.84% plus a
servicing fee of 0.25%, a twenty-year term, and will be abated from the stormwater fund.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van Milligen
MCVM/jml
Attachment
cc: Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Gus Psihoyos, City Engineer
Jennifer Larsen, Chief Financial Officer
Brian DeMoss, Finance Manager
Jim Bousley, Project Manager
Deron Muehring, Water & Resource Recovery Center Director
Page 306 of 1152
THE CITY OF
DUB E
Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
Dubuque
All -America City
II
2007 • 2012 • 2013
FROM: Jennifer Larson, Chief Financial Officer
SUBJECT: Proceedings to Set Public Hearing on June 2, 2025 for the Issuance of Not
to Exceed $1,600,000 Stormwater Revenue Capital Loan Notes (State
Revolving Loan Fund Program) Bee Branch Gate and Pump Project
DATE: April 15, 2025
INTRODUCTION
The purpose of this memorandum is to provide suggested proceedings to set a public
hearing on the issuance of a not to exceed $1,600,000 Stormwater Revenue Capital Loan
Notes.
DISCUSSION
The proposed Dubuque Gate & Pump Station Flood Mitigation (161h St Detention Basin)
(Project) involves construction of a new pump station that includes the following elements:
• New flood gates.
• Replacement of the two existing flood pumps with four new pumps.
• Replacement and updating of the electrical service to current standards; and
• Installation of a back-up generator for the additional pumps to address the needed
resiliency being demanded by the storms of recent years.
The new flood gates will be constructed on the basin side of the levee (on the west side of
Kerper Boulevard) across the street from the existing pump station which allows for the
pumps to operate more efficiently, eliminates the environmental concerns on the river side
of the levee, and allows for operation of the existing facility to maintain flood protection
during construction of the new facility. Instead of utilizing the two existing 90,000 gallon
per minute (gpm) pumps that are more than 50 years old, the new facility will have four
90,000 gpm pumps. This allows for redundancy in the event of a pump failure. In concert
with the Bee Branch Creek Restoration Project (including the Bee Branch Railroad
Culverts Project), the proposed project improvements will provide a system that can
accommodate the flooding that occurred between 1999 and 2011 — flooding that has
resulted in six presidential disaster declarations due to public and private property
Page 307 of 1152
damage, flooding that has impacted more than 1,300 homes and businesses. It also
provides for additional resiliency options as rainstorms increase in both depth and
intensity.
The State Revolving Fund loan will have a variable interest rate of 2.84% plus a servicing
fee of 0.25%, a twenty-year term, and will be abated from the stormwater fund.
/_TO 11410 111011140 IF_1:/ 4 Z
I respectfully recommend the adoption of the enclosed resolution fixing the date of June 2,
2025, for a public hearing on the proposed issuance not to exceed $1.6 million in Stormwater
Revenue Capital Loan Notes (State Revolving Loan Fund Program) for the Bee Branch Gate
and Pump Project.
Attachments
cc: Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Brian DeMoss, Finance Manager
Page 308 of 1152
DORSEY
DORSEY+WHITNEY LLP
April 15, 2025
VIA F,MAIT,
Jenny Larson
Chief Financial Officer
Dubuque, Iowa
Re: $1,600,000 SRF Stormwater Revenue Loan and Disbursement Agreement
File No. 430411-18
Dear Jenny:
We have prepared and attach proceedings for use at the April 21, 2025, City Council
meeting to set June 2, 2025, as the date for a hearing on the proposal to enter into the SRF
Stormwater Revenue Loan and Disbursement Agreement (the "Agreement") in connection with
the Dubuque Gate & Pump Station Flood Mitigation (16th Street Detention Basin) Project.
The documents attached include the following items:
1. Resolution fixing the date of meeting at which it is proposed to take action to
enter into the Agreement. The form of notice is set out in Section 2 of the resolution.
2. Attestation Certificate with respect to the validity of the transcript.
3. Organization and Establishment Certificate.
4. Outstanding Debt Certificate with respect to the outstanding debt of the
Stormwater Management Utility.
5. Publication Certificate with respect to publication of the notice, to which must be
attached the publisher's affidavit of publication with a clipping of the notice as published.
The notice must be published at least once, not less than thirty (30) days before the
meeting date set for the hearing, in a legal newspaper which has a general circulation in
Dubuque. The last date on which this notice can be effectively published is May 3, 2025.
to me.
As soon as the notice appears in the newspaper, please have a copy scanned and emailed
8oi Grand Avenue I Suite 4100 1 Dubuque, IA 1 50309-2790 1 T 515.283.3.000 I dorsey.com
Page 309 of 1152
If a petition is received requesting an election on the borrowing proposal, please notify us
immediately.
Please return one fully executed copy of these proceedings to us as soon as they are
available.
Please call Emily Hammond or me if you have questions.
Best regards,
David D. Grossklaus
John P. Danos
Attachments
cc: Crenna Brumwell
Adrienne Breitfelder
Kerry Bradley
Jim Bousley
Tionna Pooler
Origin Design
Tracy Scebold
Tony Toigo
Lee Wagner
DORSEY & WHITNEY LLP
Page 310 of 1152
Dubuque/ 43041 1-18/1 "/2 - Stonnwater Rev
MINUTES TO SET DATE FOR HEARING
ON ENTERING INTO A LOAN AND
DISBURSEMENT AGREEMENT
430411-18 (N/I)
Dubuque, Iowa
April 21, 2025
The City Council of the City of Dubuque, Iowa, met on April 21, 2025, at 6:30 p.m., at the
Historic Federal Building, 350 W. 6th St, Second Floor Council Chambers, Dubuque, Iowa.
The Mayor presided and the roll was called showing the following members of the Council
present and absent:
Present: Mucr cayo,nr'n G)Gn(.j mcnny-yrS Parker, ,ones Re5ki'Ck
RwU sc 1, sp"" <, I
Absent:
Council Member Ro ossd l introduced the resolution hereinafter next set
out and moved its adoption, seconded by Council Member (,l)e rc ; and after due
consideration thereof by the Council, the Mayor put the question upon the adoption of the said
resolution and the roll being called, the following named Council Members voted:
Ayes: Resri d (JAal, Russell, Sp.,r\n k� S,+xr, Ines, CaVrAnr\ jh
Nays:
Whereupon, the Mayor declared the resolution duly adopted as follows:
-1-
DORSEY & WHITNEY LLP, ATTORNEYS, DUBUQUE, IOWA
Dubuque/ 43041 1-18/1" '/z - Stormwater Rev
RESOLUTION NO. 139-25
Resolution to fix a date for a public hearing on proposal to enter into a Stormwater
Revenue Loan and Disbursement Agreement and to borrow money thereunder in a
principal amount not to exceed $1,600,000
WHEREAS, the City of Dubuque (the "City"), in Dubuque County, State of Iowa, did
heretofore establish a Stormwater Management Utility System (the "Utility") in and for the City;
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
Stormwater Revenue bonds or notes as set forth on attached outstanding debt certificate, and a
portion of such prior Stormwater 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 now proposes to enter into a Stormwater Revenue Loan and
Disbursement Agreement (the "Agreement") and to borrow money thereunder in a principal
amount not to exceed $1,600,000, pursuant to the provisions of Sections 384.24A and 384.84A 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 (the "Project'), and it is necessary to fix
a date of meeting of the Council at which it is proposed to take action to enter into the Agreement
and to give notice thereof as required by such law, including notice of the right to petition for an
election on such proposal;
NOW, THEREFORE, Be It Resolved by the City Council of the City of Dubuque, Iowa,
as follows:
Section 1. This City Council shall meet on June 2, 2025, at 6:30 p.m., at the Historic
Federal Building, 350 W. 61h St, Second Floor Council Chambers, at which time and place a
hearing will be held and proceedings will be instituted and action taken to enter into the
Agreement.
Section 2. The City Clerk is hereby directed to give notice of the proposed action on
the Agreement setting forth the amount and purpose thereof, the time when and place where the
said meeting will be held, by publication at least once, not less than thirty (30) days before the
meeting, in a legal newspaper which has a general circulation in the City. The notice shall be in
substantially the following form:
-2-
DORSEY & WHITNEY LLP, ATTORNEYS, DUBUQUE, IOWA
Dubuque/ 430411-18/1st''/z - Stormwater Rev
NOTICE OF PROPOSED ACTION TO INSTITUTE
PROCEEDINGS TO ENTER INTO A LOAN AND DISBURSEMENT AGREEMENT
IN A PRINCIPAL AMOUNT NOT TO EXCEED $1,600,000
(STORMWATER REVENUE)
The City Council of the City of Dubuque, Iowa, will meet on June 2, 2025, at 6:30 p.m.,
at the Historic Federal Building, 350 W. 61h 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 $1,600,000
for the purpose of paying the cost, to that extent, of planning, designing and constructing
improvements and extensions to the Stormwater Management Utility 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 City's outstanding Stormwater Revenue
Indebtedness and any additional such 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.
The Agreement is proposed to be entered into pursuant to authority contained in
Sections 384.24A and 384.84A of the Code of Iowa. The maximum rate of interest to be paid on
the Agreement is 8% per annum.
The formula by which rates are determined for users of the Utility is set out in the City of
Dubuque Code of Ordinances Section 13-4-5. Such rates will be increased as necessary by
ordinance of the City Council to make the required payments under the Agreement.
At any time before the date fixed for taking action to enter into the Agreement, a petition
may be filed with the City Clerk of the City asking that the question of entering into the
Agreement be submitted to the registered voters of the City, pursuant to the provisions of
Section 384.84A of the Code of Iowa.
By order of the City Council of the City of Dubuque, Iowa.
Adrienne Breitfelder
City Clerk
-3-
DORSEY & WHITNEY LLP, ATTORNEYS, DUBUQUE, IOWA
Page 313 of 1152
Dubuque/ 43041 1-18/1'"/_ - Stonnwater Rev
Section 3. Pursuant to Section 1.150-2 of the Income Tax Regulations (the
"Regulations") of the Internal Revenue Service, the City declares (a) that it intends to undertake
the Project which is reasonably estimated to cost approximately $26,557,106, (b) that other than
(i) expenditures to be paid or reimbursed from sources other than the issuance of bonds, notes or
other obligations (the "Bonds"), or (ii) expenditures made not earlier than 60 days prior to the date
of this Resolution or a previous intent resolution of the City, or (iii) expenditures amounting to the
lesser of $100,000 or 5% of the proceeds of the Bonds, or (iv) expenditures constituting
preliminary expenditures as defined in Section 1.150-2(f)(2) of the Regulations, no expenditures
for the Project have heretofore been made by the City and no expenditures will be made by the
City until after the date of this Resolution or a prior intent resolution of the City, and (c) that the
City reasonably expects to reimburse the expenditures made for costs of the City out of the
proceeds of the Bonds. This declaration is a declaration of official intent adopted pursuant to
Section 1.150-2 of the Regulations.
Section 4. All resolutions or parts of resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
Section 5. This resolution shall be in full force and effect immediately upon its
adoption and approval, as provided by law.
Passed and approved April 21, 2025.
yor
Attest:
City Clerk
On motion and vote, the meeting adjourned.
Mayor
Attest:
Lw'
City Clerk
-4-
DORSEY & WHITNEY LLP, ATTORNEYS, DUBUQUE, IOWA
Dubuque/ 430411-I8/l"'/: - Stormwater Rev
ATTESTATION CERTIFICATE:
STATE OF IOWA
COUNTY OF DUBUQUE SS:
CITY OF DUBUQUE
I, the undersigned, City Clerk of the City of Dubuque, Iowa, do hereby certify that attached
hereto is a true and correct copy of the proceedings of the City Council relating to fixing a date for
hearing on the City Council's proposal to take action in connection with a Stormwater Revenue
Loan and Disbursement Agreement.
1�
l I
WITNESS MY HAND this day of )2025.
City Clerk
-5-
DORSEY & WHITNEY LLP, ATTORNEYS, DUBUQUE, IOWA
Dubuque/ 430411-18/ 1 "/z - Stonnwater Rev
ORGANIZATION AND ESTABLISHMENT CERTIFICATE:
STATE OF IOWA
COUNTY OF DUBUQUE SS:
CITY OF DUBUQUE
I, the undersigned City Clerk, do hereby certify that the aforementioned City is organized
and operating under the provisions of Title IX of the Code of Iowa and not under any special
charter and that such City is operating under the Council -manager -ward form of government and
that there is not pending or threatened any question or litigation whatsoever touching the
incorporation of the City, the inclusion of any territory within its limits or the incumbency in office
of any of the officials hereinafter named.
And I do further certify that the following named parties are officials of the City as
indicated:
Br,d. Cnyaoank , Mayor
rnrc6d Vor R City Manager
jenn i�cr Lc %rsco. , Chief Financial Officer
Pjrle.r)re L)QJPC13cr , City Clerk
inn re r Lrnrs on , City Treasurer
-5U San Fo,rkgr , Council Member/Mayor Pro Tem
RAC: Jene 5 , Council Member
Nv, j RcSyl:C k , Council Member
La,urc\ Rou5,5d l , Council Member
�an n. V -S �n k , Council Member
Katy CJ , Council Member
And I do further certify that the City has provided for the office of Treasurer, and the
Council has selected the Treasurer.
I further certify that the City established the Stormwater Management Utility System (the
"Utility"), and that the Utility has been in continuous operation by the City since its establishment
as aforesaid.
-6-
DORSEY & WHITNEY LLP, ATTORNEYS, DUBUQUE, IOWA
Dubuque/ 430411-18/1'"/z - Stonnwater Rev
I further certify that the management and control of the Utility are vested in the City
Council of the City, and that no board of trustees exists which has any part of the control and
management of such Utility.
WITNESS MY HAND this agi1 day of Apr" I , 2025.
BRIM
City ClerK
-7-
DORSEY & WHITNEY LLP, ATTORNEYS, DUBUQUE, IOWA
Dubuque/ 430411-18/1""/2 - Stormwater Rev
OUTSTANDING DEBT CERTIFICATE:
STATE OF IOWA
COUNTY OF DUBUQUE SS:
CITY OF DUBUQUE
I, the undersigned, City Clerk of the City of Dubuque, Iowa (the "City"), do hereby certify
that the City has no bonds or other obligations of any kind now outstanding which are secured by
and payable from the revenues derived from the operation of the Stormwater Management Utility
System (the "Utility"), except as follows:
Date Type
01/14/09
SRF Clean Water
01/13/10
SRF Clean Water
10/27/10
SRF Clean Water
02/28/14
SRF Clean Water
04/30/21
SRF Clean Water
04/12/19
SRF Clean Water
Principal Amount
Outstandin>; Maturity
$466,000
01/01/28
$295,000
01/01/30
$5,337,000
06/01/41
$168,000
06/01/33
$17,356,397
06/01/37
$13,598,000
06/01/40
(Attach here a separate sheet listing any outstanding obligations of the City
secured by and payable from the revenues of the Utility, excluding the
proposed issue.)
.Jt!�
WITNESS MY HAND this 0 day of ' f,0, / 52025.
City Clerk
-I-
DORSEY & WHITNEY LLP, ATTORNEYS, DUBUQUE, IOWA
Dubuque/ 430411-18/1"'/z - Stormwater Rev
PUBLICATION CERTIFICATE:
STATE OF IOWA
COUNTY OF DUBUQUE SS:
CITY OF DUBUQUE
I, the undersigned, City Clerk of the City of Dubuque, Iowa, do hereby certify that pursuant
to the resolution of its City Council fixing a date of meeting at which it is proposed to take action
to enter into a loan and disbursement agreement, the notice, of which the printed slip attached to
the publisher's affidavit hereto attached is a true and complete copy, was published on the date
and in the newspaper specified in such affidavit, which newspaper has a general circulation in the
City.
+h
WITNESS MY HAND this day of Tax , 2025.
bo 7�1 � i� . a-�
City Clerk
(Attach here the publisher's original affidavit with clipping of the notice, as published.)
-9-
DORSEY & WHITNEY LLP, ATTORNEYS, DUBUQUE, IOWA
STATE OF IOWA SS:
DUBUQUE COUNTY
CERTIFICATE OF PUBLICATION
I, Kathy Goetzinger, 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:
04/25/2025
and for which the charge is 38.19
Subscribed to before me, a Notary lic in and for
Dubuque County, Iowa,
this 25th day of April, 2025
Notary Pdibllc in and for Dubuque unty, Iowa.
R
JANET K. PAPECommission Number 199659My Commission Expires 12/11/2025
Ad text
NOTICE OF PROPOSED ACTION TO INSTITUTE
PROCEEDINGS TO ENTER INTO A LOAN AND DISBURSEMENT AGREEMENT
IN A PRINCIPAL AMOUNT NOT TO EXCEED $1,600,000
(STORMWATER REVENUE)
The City Council of the City of Dubuque, Iowa, will meet on
June 2, 2025, 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
$1,600,000 for the purpose of paying the cost, to that extent,
of planning, designing and constructing improvements and
extensions to the Stormwater Management Utility 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 City's outstanding Stormwater Revenue
Indebtedness and any additional such 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.
The Agreement is proposed to be entered into pursuant to
authority contained in Sections 384.24A and 384.84A of the
Code of Iowa. The maximum rate of interest to be paid on the
Agreement is 8 % per annum.
The formula by which rates are determined for users of the
Utility is set out in the City of Dubuque Code of Ordinances
Section 13-4-5. Such rates will be increased as necessary by
ordinance of the City Council to make the required payments
under the Agreement.
At any time before the date fixed for taking action to enter
into the Agreement, a petition may be filed with the City
Clerk of the City asking that the question of entering into
the Agreement be submitted to the registered voters of the
City, pursuant to the provisions of Section 384.84A of the
Code of Iowa.
By order of the City Council of the City of Dubuque, Iowa.
Adrienne Breitfelder
City Clerk
It 4/25