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
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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
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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