Sewer Revenue Capital Loan Notes $3.6M - Kerper Boulevard Sanitary Sewer Reconst Projects_Initiate Copyrighted
June 5, 2017
City of Dubuque Items to be set for Public Hearing # 1.
ITEM TITLE: Sewer Revenue Capital Loan Notes - Kerper Boulevard
Sanitary Sewer Reconstruction Projects
SUMMARY: City Manager recommending that a public hearing be set
for June 19, 2017 on the proposition of selling not to
exceed $3,600,000 in Sewer Revenue Capital Loan Notes
(State Revolving Loan Fund Program)for the Kerper
Boulevard sanitary sewer reconstruction projects.
RESOLUTION Fixing date for a meeting on the
authorization of a Loan and Disbursement Agreement and
the issuance of not to exceed $3,600,000 Sewer Revenue
Capital Loan Notes of the City of Dubuque, Iowa, and
providing for publication of notice thereof
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt
Resolution(s), Set Public Hearing for June 19, 2017
ATTACHMENTS:
Description Type
Sewer Revenue Capital Loan Notes-MVM Memo City Manager Memo
Memo to Set Public Hear SRF $3.6 Staff Memo
Letter of Instruction from Ahlers $3.6 Supporting Documentation
Resolution for$3.6 Kerper SRF Resolutions
THE CITY OF Dubuque
fta B E I 11p y
Masterpiece 012 the Mississippi 2007.2012«2013
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Proceedings to Set Public Hearing on the Issuance of Not to Exceed
$3,600,000 Sewer Revenue Capital Loan Notes (State Revolving Loan
Fund Program)
DATE: May 26, 2017
Finance Director Jean Nachtman recommends that a public hearing be set for June 19
on the proposition of selling not to exceed $3,600,000 in Sewer Revenue Capital Loan
Notes (State Revolving Loan Fund Program) for the Kerper Boulevard sanitary sewer
reconstruction projects.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
vwu
Mic ael C. Van Milligen
MCVM:jh
Attachment
cc: Crenna Brumwell, City Attorney
Teri Goodmann, Assistant City Manager
Jean Nachtman, Finance Director
Jennifer Larson, Budget Director
Gus Psihoyos, City Engineer
THE CITY OF Dubuque
UBgkE 111-America III
I.
Masterpiece on the Mississippi 2007-2012-2013
TO: Michael C. Van Milligen, City Manger
FROM: Jean Nachtman, Finance Director
SUBJECT: Proceedings to Set Public Hearing on the Issuance of Not to Exceed
$3,600,000 Sewer Revenue Capital Loan Notes (State Revolving Loan Fund
Program.
DATE: May 25, 2017
INTRODUCTION:
The purpose of this memorandum is to provide suggested proceeding for a public hearing
on the issuance of a not to exceed $3,600,000 Sewer Revenue Capital Loan Notes. A
letter from attorney William Noth detailing information on the public hearing is enclosed.
DISCUSSION
Engineering staff have identified several different issues with the Kerper Blvd. sanitary
sewer and have discussed and investigated several different options for both repair and
replacement of the sewer. Other than the condition of the pipe itself, a portion of the
sewer has substandard slope (flat) and contains sags which reduces velocity and allows
sediment and grease to buildup in the pipe. There is also the issue of the sanitary sewer
running through the storm sewer which is no longer allowed by current design standards.
All the issues were considered when evaluating a course of action.
The selected option, was chosen to repair the immediate issues and for future expansion
of Chaplain Schmitt Island. The 16th Street sanitary sewer is undersized for the current
loading, by increasing the size of the sanitary sewer to 24-inch diameter, it will be able to
meet the current needs and future expansion and development identified in the Chaplain
Schmitt Island Master Plan. The selected option includes a combination of gravity sewer
and a lift station and force main. A new 24" gravity sewer will be constructed from a sewer
located adjacent to the Lower Bee Branch Channel and extend easterly along the north
side of 16th Street to Kerper Blvd. The lift station will be placed near the intersection of
Fengler and Kerper Blvd. The forcemain will be constructed along west side of Kerper
Blvd., from the lift station to the intersection of Kerper Blvd and 16th Street where it will
discharge to the new 24" gravity sanitary sewer.
A second lift station will serve the properties on Kerper Court and two properties along
Kerper Blvd, east of the intersection of Kerper Court and Kerper Blvd., the existing 10-inch
diameter sewer, along Kerper Court, flows west to east. The east one half of the existing
10-inch diameter gravity sewer will be replaced with an 8-inch diameter sewer flowing east
to west and will terminate at the new lift station on Kerper Court. The reconstructed portion
of the Kerper Court gravity main serves two commercial/industrial properties along the
east side of Kerper Blvd. and a portion of an industrial site adjacent to Kerper Court.
The Iowa Department of Natural Resources (IDNR) has reviewed and approved the facility
plans so that the City can apply for a SRF loan to cover a portion of the cost. The plans
and specs have been submitted to IDNR for approval and construction permitting.
ACTION TO BE TAKEN
I respectfully recommend the adoption of the enclosed resolution fixing the date of June
1 gth for a public hearing on the proposition of selling not to exceed $3,600,000 in Sewer
Revenue Capital Loan Notes (State Revolving Loan Fund Program) for the Kerper Blvd.
sanitary sewer reconstruction projects.
Attachments
cc: Crenna Brumwell, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manger
Jenny Larson, Budget Director
Ahlers&Cooney, P.C.
At AHLERS COONEY Attorneys at Law
100 Court Avenue, Suite 600
A T T O R N E Y S Des Moines, Iowa 50309-2231
Phone: 515-243-7611
Fax: 515-243-2149
www.ahlerslaw.com
Kristin B. Cooper
515.246.0330
kcooper@ahlerslaw.com
May 24, 2017
Ms. Jenny Larson
Budget Director
City of Dubuque
50 West 13th Street
Dubuque, Iowa 52001
RE: Not to Exceed $3,600,000 Sewer Revenue Capital Loan Notes (State of
Iowa Revolving Fund Loan)
Dear Jenny:
We have now prepared and are enclosing herewith suggested proceedings to be acted
upon by the City Council in fixing the date of a meeting on the proposition to issue the above
mentioned Capital Loan Note and ordering publication of a notice of hearing consistent with the
provisions of Code Sections 384.24A and 384.83.
As you may know, the borrowing of loan funds by the City through the Iowa Water
Pollution Control Works Financing Program involves the same procedures applicable to the
issuance and sale of municipal bonds generally. In this instance, the Iowa Finance Authority (the
"Authority") has agreed to make the City a low-interest loan under the terms of a Loan and
Disbursement Agreement, which will be secured and evidenced by a Sewer Revenue Capital
Loan Note that will be issued to the Authority at the time the loan is closed.
The Authority has advised that all Revolving Fund loans are subject to additional
procedural requirements, most notably - compliance with prevailing wage (Davis-Bacon)
provisions. We'll coordinate with the Authority on your behalf to properly document this loan
program, but will defer to your engineers for contract compliance requirements.
Publication Requirement—Notice of Hearin.
Notice of this meeting must be published at least once in a legal newspaper, printed
wholly in the English language, published at least once weekly, and having general circulation in
the City. The date ofpublication is to be not less than four clear dans nor more than twenty days
before the date of said public meeting. In computing time, the date of publication should be
excluded. If the last day falls on Sunday, the whole of the following Monday should be
excluded.
WISHARD & BAILY - 1888; GUERNSEY & BAILY - 1893; BAILY & STIPP - 1901: STIPP, PERRY, BANNISTER & SIARZINGER - 1914; BANNISTER, CARPENTER,
AHLERS & COONEY -- 1950; AHLERS, COONEY, DORWEILER, ALLBEE, HAYNIE & SMITH - 1974; AHLERS, COONEY, DORWEILER, HAYNIE, SMITH & ALLBEE, P.C. - 1990
May 24, 2017
Page 2
Also enclosed is an extra copy of the proceedings to be filled in as the original and
certified back to this office, together with the publisher's affidavit of publication of the notice of
hearing. We are also enclosing an extra copy of the notice of hearing to be delivered to the
newspaper for publication purposes. A certificate to attest to the proceedings is also enclosed.
We will prepare and forward to you in the near future, suggested procedures to be acted
upon the date of hearing. If you have any questions concerning the enclosed proceedings or the
SRF Program, please don't hesitate to contact me.
Very truly yours,
Ahlers & Cooney, P.C.
Kristin Billingsley Cooper
FOR THE FIRM
KBC:seb
Enclosures
cc: Alexis Steger, Senior Budget Analyst, City of Dubuque
Jean Nachtman, Finance Director, City of Dubuque
Tami Lansing, Assistant Finance Director, City of Dubuque
Tionna Pooler, Independent Public Advisors, LLC
01366727-1\10422-181
ITEMS TO INCLUDE ON AGENDA
CITY OF DUBUQUE, IOWA
Not To Exceed $3,600,000 Sewer Revenue Capital Loan Notes (SRF).
• Resolution fixing date for a meeting on the proposition to authorize a Loan and
Disbursement Agreement and the issuance of Notes to evidence the obligations of the
City thereunder.
NOTICE MUST BE GIVEN PURSUANT TO IOWA CODE
CHAPTER 21 AND THE LOCAL RULES OF THE CITY.
June 5, 2017
The City Council of the City of Dubuque, State of Iowa, met in regular session, in the
Historic Federal Building, 350 West 6th Street, Dubuque, Iowa, at 6:00 o'clock P.M., on the
above date. There were present Mayor Roy D. Buol in the chair, and the following named
Council Members:
Joyce Connors, Luis Del Toro, Ric Jones, Kevin Lynch, David
Resnick, Jake Rios
Absent:
1
Council Member Lynch introduced the following Resolution entitled "RESOLUTION
FIXING DATE FOR A MEETING ON THE AUTHORIZATION OF A LOAN AND
DISBURSEMENT AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $3,600,000
SEWER REVENUE CAPITAL LOAN NOTES OF THE CITY OF DUBUQUE, IOWA, AND
PROVIDING FOR PUBLICATION OF NOTICE THEREOF", and moved that the same be
adopted. Council Member Connors seconded the motion to adopt. The roll was called and the
vote was,
AYES: Rios, Resnick, Buol, Connors, Lynch, Del Toro, Jones
NAYS:
Whereupon, the Mayor declared the Resolution duly adopted as follows:
RESOLUTION NO. 195-17
RESOLUTION FIXING DATE FOR A MEETING ON THE
AUTHORIZATION OF A LOAN AND DISBURSEMENT
AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED
$3,600,000 SEWER REVENUE CAPITAL LOAN NOTES OF
THE CITY OF DUBUQUE, IOWA, AND PROVIDING FOR
PUBLICATION OF NOTICE THEREOF
WHEREAS, it is deemed necessary and advisable that the City of Dubuque, Iowa should
provide for the authorization of a Loan and Disbursement Agreement and the issuance of Sewer
Revenue Capital Loan Notes, in the amount of not to exceed $3,600,000, as authorized by
Sections 384.24A and 384.83, Code of Iowa, as amended, for the purpose of providing funds to
pay costs as hereinafter described; and
WHEREAS, the City has applied for a loan through the Iowa Water Pollution Control
Works Financing Program pursuant to which the Iowa Finance Authority has agreed to purchase
the City's Notes and has requested that such Notes be issued as a single Note in a denomination
equal to the total amount of the issue as authorized by Chapter 384 Code of Iowa; and
WHEREAS, the Loan and Disbursement Agreement and Note shall be payable solely and
only out of the Net Revenues of the Municipal Sewer System and shall be a first lien on the
future Net Revenues of the Utility; and shall not be general obligations of the City or payable in
any manner by taxation and the City shall be in no manner liable by reason of the failure of the
Net Revenues to be sufficient for the payment of the Loan and Disbursement Agreement and
Note; and
WHEREAS, before a Loan and Disbursement Agreement may be authorized and Sewer
Revenue Capital Loan Notes issued to evidence the obligation of the City thereunder, it is
necessary to comply with the provisions of the Code of Iowa, as amended, and to publish a
-2-
notice of the proposal and of the time and place of the meeting at which the Council proposes to
take action for the authorization of the Loan and Disbursement Agreement and Notes and to
receive oral and/or written objections from any resident or property owner of the City to such
action.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, STATE OF IOWA:
Section 1. That this City Council meet in the Historic Federal Building, 350 West 6th
Street, Dubuque, Iowa, at 6:00 o'clock P.M., on the 19th day of June, 2017, for the purpose of
taking action on the matter of the authorization of a Loan and Disbursement Agreement and the
issuance of not to exceed $3,600,000 Sewer Revenue Capital Loan Notes to evidence the
obligations of the City thereunder, the proceeds of which will be used to provide funds to pay the
costs of acquisition, construction, reconstruction, extending, remodeling, improving, repairing
and equipping all or part of the Municipal Sewer System, including those costs associated with
the Kerper Boulevard sanitary sewer reconstruction project.
Section 2. That the Clerk is hereby directed to cause at least one publication to be made
of a notice of said meeting, in a legal newspaper, printed wholly in the English language,
published at least once weekly, and having general circulation in said City, said publication to be
not less than four clear days nor more than twenty days before the date of said public meeting on
the issuance of the Notes.
Section 3. The notice of the proposed action shall be in substantially the following form:
3
(To be published between: May 30, 2017 and June 14, 2017)
NOTICE OF MEETING OF THE CITY OF DUBUQUE, IOWA
ON THE MATTER OF THE PROPOSED AUTHORIZATION
OF A LOAN AND DISBURSEMENT AGREEMENT AND
THE ISSUANCE OF NOT TO EXCEED $3,600,000 SEWER
REVENUE CAPITAL LOAN NOTES, AND THE PUBLIC
HEARING ON THE AUTHORIZATION AND ISSUANCE
THEREOF
PUBLIC NOTICE is hereby given that the City Council of the City of Dubuque, Iowa,
will hold a public hearing on the 19tH day of June, 2017, at 6:00 o'clock P.M., in the Historic
Federal Building, 350 West 6th Street, Dubuque, Iowa, at which meeting the City Council
proposes to take additional action for the authorization of a Loan and Disbursement Agreement
by and between the City and the Iowa Finance Authority, and the issuance to the Iowa Finance
Authority of not to exceed $3,600,000 Sewer Revenue Capital Loan Notes to evidence the
obligations of the City under said Loan and Disbursement Agreement, in order to provide funds
to pay the costs of acquisition, construction, reconstruction, extending, remodeling, improving,
repairing and equipping all or part of the Municipal Sewer System, including those costs
associated with the Kerper Boulevard sanitary sewer reconstruction project. The Notes will not
constitute general obligations or be payable in any manner by taxation, but will be payable from
and secured by the Net Revenues of the Municipal Sewer System.
At the above meeting the City Council shall receive oral or written objections from any
resident or property owner of the City, to the above action. After all objections have been
received and considered, the City Council will at this meeting or at any adjournment thereof,
take additional action for the authorization of said Loan and Disbursement Agreement and the
issuance of Notes or will abandon the proposal to issue the Notes.
This Notice is given by order of the City Council of the City of Dubuque, Iowa, as
provided by Sections 384.24A and 384.83, as amended.
Dated this 5th day of June, 2017.
Mayor
(End of Notice)
4
a zi
PASSED AND APPROVED this 5th day of June, 2017.
Mayor 0
ATTEST:
CERTIFICATE
STATE OF IOWA
) SS
COUNTY OF DUBUQUE
I, the undersigned City Clerk of the City of Dubuque, State of Iowa, do hereby certify
that attached is a true and complete copy of the portion of the corporate records of the City
showing proceedings of the City Council, and the same is a true and complete copy of the action
taken by the Council with respect to the matter at the meeting held on the date indicated in the
attachment, which proceedings. remain in full force and effect, and have not been amended or
rescinded in any way; that meeting and all action thereat was duly and publicly held in
accordance with a notice of public hearing and tentative agenda, a copy of which was timely
served on each member of the Council and posted on a bulletin board or other prominent place
easily accessible to the public and clearly designated for that purpose at the principal office of
the Council (a copy of the face sheet of the agenda being attached hereto) pursuant to the local
rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance
notice to the public and media at least twenty-four hours prior to the commencement of the
meeting as required by law and with members of the public present in attendance; I further
certify that the individuals named therein were on the date thereof duly and lawfully possessed of
their respective City offices as indicated therein, that no Council vacancy existed except as may
be stated in the proceedings, and that no controversy or litigation is pending, prayed or
threatened involving the incorporation, organization, existence or boundaries of the City or the
right of the individuals named therein as officers to their respective positions.
WITNESS my hand and the seal of the City hereto affixe."this 6th day of June, 2017.
(SEAL)
City Cl -' k, City of Dubuque, State of Iowa
ROLL CALL ORDER FOR MEETING OF
June 5, 2017
Jones, Connors, Resnick, Buol, Rios, Lynch, Del Toro
CITY OF DUBUQUE, IOWA
CITY COUNCIL MEETING
Historic Federal Building
350 W. 6th Street
June 5, 2017
Council meetings are video streamed live and archived at www.cityofdubuque.org/media and
on Dubuque's CityChannel on the Mediacom cable system at cable channel 8 and digital 117.2
REGULAR SESSION
6:00 PM
PLEDGE OF ALLEGIANCE
PRESENTATION(S)
1. DARE Essay Contest Winners
DARE Officer Rick Fullmer will recognize the winners of the annual DARE essay contest.
2. ARK Advocates Distinguished Community Service Award
Leisure Services Recreation Division Manager Dan Kroger to present Recreation Supervisor
Janna Beau with the ARK Advocates Distinguished Community Service Award for her efforts to
bring adaptive sports to Dubuque.
PROCLAMATION(S)
1. Juneteenth Celebration Day (June 17, 2017)
2. LGBTQ+ Pride Month (June 2017)
3. A City of Welcome and Opportunity
CONSENT ITEMS
The consent agenda items are considered to be routine and non -controversial and all consent items
will be normally voted upon in a single motion without any separate discussion on a particular item. If
you would like to discuss one of the Consent Items, please go to the microphone and be recognized
by the Mayor and state the item you would like removed from the Consent Agenda for separate
discussion and consideration.
1. Minutes and Reports Submitted
City Council Proceedings of 5/15, 5/22; Five Flags Civic Center Advisory Commission of 5/22;
Housing Commission of 3/28; Historic Preservation Commission of 5/18; Library Board of Trustees of
4/27; Long Range Planning Advisory Commission of 5/17; Sister City Relationship Advisory Commission
of 5/17; Transit Advisory Board of 5/11; Proof of Publication for City Council Proceedings of 5/8; Proof of
Publication for List of Claims and Summary of Revenues for Month Ending 4/30.
Suggested Disposition: Receive and File
Pg. 1
CERTIFICATE
STATE OF IOWA
) SS
COUNTY OF DUBUQUE
I, the undersigned, do hereby certify that I am now and was at the times hereinafter
mentioned, the duly qualified and acting Clerk of the City of Dubuque, in the County of
Dubuque, State of Iowa, and that as such Clerk and by full authority from the Council of the
City, I have caused a
NOTICE OF MEETING OF THE CITY COUNCIL OF THE CITY OF
DUBUQUE, STATE OF IOWA, ON THE MATTER OF THE PROPOSED
AUTHORIZATION OF A LOAN AND DISBURSEMENT AGREEMENT
AND THE ISSUANCE OF NOT TO EXCEED $3,600,000 SEWER
REVENUE CAPITAL LOAN NOTES, SERIES 2017, OF THE CITY OF
DUBUQUE, AND THE PUBLIC HEARING ON THE AUTHORIZATION
AND ISSUANCE THEREOF
of which the clipping annexed to the publisher's affidavit hereto attached is in words and
figures a correct and complete copy, to be published as required by law in the Telegraph
Herald, a legal newspaper published at least once weekly, printed wholly in the English
language, published regularly and mailed through the post office of current entry for
more than two years and which has had for more than two years a bona fide paid
circulation recognized by the postal laws of the United States, and has a general
circulation in the City, and that the Notice was published in all of the issues thereof
published and circulated on the following date:
June 9, 2017.
WITNESS my official signature at Dubuque, Iowa, this
, 2017.
(SEAL)
01366731-1\10422-181
day of
City Clerk, Citfy of Dubuque, Sta e of Iowa