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Issuance of Not to Exceed $1,600,000 Stormwater Revenue Capital Loan Notes (State Revolving Loan Fund Program) Bee Branch Gate and Pump Project Copyrighted June 2, 2025 City of Dubuque PUBLIC HEARINGS # 6. City Council ITEM TITLE: Proceedings for Public Hearing 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: Proof of publication on notice of public hearing to consider City Council approval of the suggested proceedings for a public hearing on the issuance of not to exceed $1,600,000 Stormwater 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, and City Manager recommending approval. RESOLUTION Taking additional action on proposal to enter into a Stormwater Revenue Loan and Disbursement Agreement SUGGUESTED Receive and File; Adopt Resolution(s) DISPOSITION: ATTAC H M ENTS: 1. MVM Memo Bee Branch Gate and Pump SRF Public Hearing_MVM Memo_2025_05_28 2. Bee Branch Pump and Gate SRF Public Hearing_Staff inemo_2025_05_28 3. 2nd Half Hrg Only Stormwater Rev LDA (rr) (16th St Basin) (Dubuque #18 2025)-v1 4. Proof of Publication Page 969 of 2490 Dubuque THE CTTY O� � D F All-America Cit� U� L wcix?�LLnm�ii-n:��. ' � II ��' Maste iece on the Mississi i z°°'.z°lz.z°13 �P pp �oi�*Zo�9 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Proceedings for Public Hearing 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: May 28, 2025 Chief Financial Officer Jennifer Larson is recommending City Council approval of the suggested proceedings for a public hearing on the issuance of not to exceed $1,600,000 Stormwater 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 Page 970 of 2490 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. The proceedings have been prepared to show as a first step the receipt of any oral or written objections from any resident or property owner to the proposed action of the Council to authorize the form of Loan and Disbursement Agreement and issue the Notes to the lowa Finance Authority. A summary of objections received or made, if any, should be attached to the proceedings. After all objections have been received and considered if the Council decides to enter into the Agreement and issue the Notes, a form of resolution follows that should be introduced and adopted, entitled "Resolution taking additional action on proposal to enter into a Stormwater Revenue Loan and Disbursement Agreement." In the event the Council decides to abandon the proposal, then the form of resolution included in said proceedings should not be adopted. In this event, a motion merely be adopted to the effect that such proposal is abandoned. I concur with the recommendation and respectfully request Mayor and City Council approval. �J�/�'� �GV�t Michael C. Van Milligen MCVM/jml Attachment cc: Crenna Brumwell, City Attorney Cori Burbach, Assistant City Manager Gus Psihoyos, City Engineer Brian DeMoss, Finance Manager Page 971 of 2490 THE CTTY QF Du��que i.i.i.i.�� D�L L i-America Ci i I I� Mas te�piece on the Mississippi zoo�•zu�z•zo�s TO: Michael C. Van Milligen, City Manager FROM: Jennifer Larson, Chief Financial Officer SUBJECT: Proceedings for Public Hearing 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: May 28, 2025 INTRODUCTION The purpose of this memorandum is to provide suggested proceedings for 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 (16th 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 Page 972 of 2490 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. ACTION TO BE TAKEN I respectfully recommend the adoption of the enclosed resolution 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 973 of 2490 D4RSEY May 28,2025 VIA EMAIL Jenny Larson Chief Financial Officer Dubuque,Iowa Re: $1,600,000 SRF Stormwater Revenue Loan and Disbursement Agreement Our File No.4304ll-18 Dear Jenny: We have prepared and attach proceedings for the June 2, 2025, City Council meeting related to the public hearing and additional action on the Stormwater Revenue Loan and Disbursement Agreement(the "Agreement") in connection with the Dubuque Gate&Pump Station Flood Mitigation(16th Street Detention Basin)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 June 2, 2025, 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 petition will be filed asking tbat the question of entering into the Agreement be submitted to the registered voters of the City. If such a petition is filed, please contact us right away. 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 Kerry Bradley Jim Bousley Tionna Pooler Origin Design Tracy Scebold Tony Toigo Lee Wagner 8oi Grand Avenue�Suite 4100�Des Moines,IA I 5o3�9-HOOz I T 515•z83•1o00�dorsey.com Page 974 of 2490 Dubuque / 430411-18 / 2nd'/z Hig Only Stormwater Rev (10h Sheet Basin) (Hearing — Stormwater Revenue) 430411-18 Dubuque, Iowa June 2, 2025 The City Council of the City of Dubuque, Iowa, met on June 2, 2025, at 6:30 p.m., at the Historic Federal Building, 350 W. 61h 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: • • Other Business- PUBLIC HEARING This being the time and place specified for holding the public hearing and taking action on the proposal to enter into a Stormwater Revenue Loan and Disbursement Agreement, the City Clerk announced that no petition had been filed asking that the question of entering into the Agreement be submitted to the registered voters of the City, and that the City Council may proceed with the authorization of the Agreement. Whereupon, the Mayor called for any written or oral objections, and there being none, the Mayor declared the public hearing closed. MOTION TO APPROVE RESOLUTION After due consideration and discussion, Council Member Sprank introduced the following resolution and moved its adoption, seconded by Council Member Resnick. The Mayor put the question upon the adoption of said resolution, and the roll being called, the following Council Members voted: Ayes: Cavanagh, Roussell, Wethal, Sprank, Resnick, Farber, Jones Nays: Whereupon, the Mayor declared the resolution duly adopted, as follows: DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA Dubuque / 430411-18 / 2nd '/z Hrg Only Stonnwater Rev (16"' Street Basin) RESOLUTION NO. 199-25 Resolution taking additional action on proposal to enter into a Stormwater Revenue Loan and Disbursement Agreement 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 in prior proceedings of the Council, 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 has heretofore proposed to contract indebtedness and enter into a certain 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, and has published notice of the proposed action and has held a hearing thereon on June 2, 2025, and as of such date, no petition has been filed with the City asking that the question of entering into the Agreement be submitted to the registered voters of the City; 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 Stormwater 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 / 430411-18 / 2nd %z Hrg Only Stormwater Rev (1616 Street Basin) Section 3. This resolution shall be in full force and effect immediately upon its adoption and approval, as provided by law. Passed and approved June 2, 2025. Attest: City Clerk or • • Other Business- On motion and vote, the meeting adjourned. Attest: City Clerk mayor -3- DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA Dubuque / 430411-18 / 2nd'/: Hrg Only Stonnwater Rev (16"Street Basin) 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 Stormwater Revenue Loan and Disbursement Agreement in a principal amount not to exceed $1,600,000. WITNESS MY HAND this 3 day of - JwIC , 2025. City Clerk -4- DORSEY & WHITNEY LLP, ATTORNEYS, DES MOINES, IOWA STATE OF I�WA SS; DUBUQUE CQUNTY CERTIFiCAT� QF PUSLICATIQN I, Kathy Goetzin�er, a Billing Clerk for Waodward Gommunications, Inc., an Iowa corporation, pul�lisher of the Tele�raph Herald, a newspaper of general circulation published in the City of Dubttque, County of Dubuque and State of Iowa; hereby certif}� that the attached taotice was p��blished in said newspaper on the following dat�s: 04/25/2025 and for which th� charge is 38.19 --,����`C�_ _�-�;��__ ; ; - � . Subscribed to before me, a Notary �ublic in and for Dubac�ue Co��nty, Iowa, this �5th day of Ap��il, 2025 Notary P bl�c in and for D�ibuque unty, Iowa. � PtAL S ��sl.��fEi'�FC. PI4.;'e o� y Co�r�mission Numher 199659 �„3__ - My Cammissian Er,pires fowa~ 11�11/2025 Page 979 of 2490 Ad text : NOTICE OF PROPOSED ACTION TO �NSTITUTE PROC�EDINGS TO ENTER INTO A LOAN AND DISBURSBA�ENT AGREEMENT IN A PRINCIPAL AMOUNT NO`I'TO EXCEED $I,b00,000 (STORMWATER REVENUE) The City Council of the City of Dubuque, Towa, wi19 ineet oi� June 2, 2025, at 6:3U p.n�., at the Hjstoric Federal Bi�ilding, 350 W. 6th St, Second Floor Counci] Chambers, for the purpose of instituting proceedings ai�d taking action to enter into a loan and disb��rsenaent agreer�lent {th� ?Agreenlent?) and to horrow n�oney thereunder i�� a principal amount not to exceed $],b00,000 for tl�e p��e�ose of paying the cast, to that extent, of planning, designing anc� constri�ctin� improvernents and exte��sions to the Stormwater Mana�ement Utility System (the ?Utility?) of the City. The Agreer�lent will not constitute a general obligation of the City, nar will it be payable in a�iy manne�� by taxation, but tagethe�•witl� the Cit)�'s oukst�nding Storr:�water Revenue Indebtedness and any addit'sonal such obligations of the City as may be hereafter issuec€ and outstanding fY•om time to time ranking on a pariry thec�ewith, wi14 be payable solely and only from the net revenues of the Utility. The A�►'eemen# is propased to be entered into pursuant to author�ty contained in Sections 384.24A and 3$4.$4A of the Code of Io��a. The maxin�um rate of interest to be paid on khe Agreement is $I per annun7. Tile formula by wl�ich a�ates are determined for itsers of tl�e Utility is set out in the City of Dtibuq�e Code of Ordinances Section ]3-�-5. Such rates wifl be increased as necessary by ordinance ot the City Council to make the required payEnents under tlte Acreement. At any time be�ore ttie date tixed for takii�g action to enter into the Ageeement, a}�etition may be filed with[he City Clerk of the City asking that the question of entering into tkte Aga'eeme�lt be sub�nitted to the registered voters of tl�e City, purstjant to the provisioiis of Sectio�l 384.$4A of the Code o1'Towa. By oi•der of tl�e Ciry Counci� of the City of Dubuque, Iowa. Adrienne Breitfelder City Clerk I t 4/25 Page 980 of 2490