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Sewer Revenue Capital Loan Notes_SRF Loan W&RRC Project $700KTHE CITY OF Dui Masterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager Dubuque kital All- America City II h/ 2012 SUBJECT: Proceedings for the Issuance of Not to Exceed Additional Amount of $700,000 Sewer Revenue Capital Loan Notes (State of Iowa Revolving Fund Loan) DATE: March 13, 2013 Finance Director Ken TeKippe recommends City Council approval of the suggested proceedings for the issuance of not to exceed an additional $700,000 Sewer Revenue Capital Loan Notes from the Iowa Water Pollution Control Works Financing Program. The additional amount will increase the total issue to the amount not to exceed $3,100,000. The hearing called by the enclosed proceedings will permit the City to take advantage of the 1.75% fixed interest rate for 20 years with a .25% annual administrative fee associated with the borrowing. There is a one -time .50% loan origination fee for the borrowing . The loan increase is due to the bid for the Water & Resource Recovery Center Cogeneration Facility submitted being higher than the estimated project budget with additional engineering consultant costs required due to the extended construction schedule. The loan funds 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 acquisition and installation of microturbines, compression skid, heat recovery units and related mechanical, electrical and site work at the Water & Resource Recovery Center to utilize anaerobic digester gas in a combined heat and power facility. I concur with the recommendation and respectfully request Mayor and City Council approval. hrit44 Michael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager Kenneth J. TeKippe, Finance Director 2 THE CITY OF Dui Masterpiece on the Mississippi Dubuque had All- America City ' I I' 2007 TO: Michael C. Van Milligen, City Manager FROM: Kenneth J. TeKippe, Finance Director DATE: March 13, 2013 SUBJECT: Proceedings for the Issuance of not to exceed Additional Amount of $700 ,000 Sewer Revenue Capital Loan Notes (State of Iowa Revolving Fund Loan) DISCUSSION The purpose of this memorandum is to provide the suggested proceedings for the issuance of not to exceed additional $700,000 Sewer Revenue Capital Loan Notes from the Iowa Water Pollution Control Works Financing Program. The additional amount will increase the total issue to the amount not to exceed $3,100,000. The hearing called by the enclosed proceedings will permit the City to take advantage of the 1.75% fixed interest rate for 20 years with a .25% annual administrative fee associated with the borrowing. There is a one -time .50% loan origination fee for the borrowing. The loan increase is due to the bid submitted being higher than the estimated project budget with additional engineering consultant costs required due to the extended construction schedule. The loan funds 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 acquisition and installation of microturbines, compression skid, heat recovery units and related mechanical, electrical and site work at the Water & Resource Recovery Center to utilize anaerobic digester gas in a combined heat and power facility. The proceedings are prepared to show as a first step procedure to ratify Publication of a Notice fixing the hearing date and then continues with the receipt of any oral or written objections from any resident or property owner to the proposed action of the Council to enter into a loan agreement and issue the notes. 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 not to abandon the proposal to issue the notes, a form of resolution follows that should be introduced and adopted, entitled "Resolution Instituting Proceedings to Take Additional Action for the Issuance of an Additional Amount of Not to Exceed $700,000 Sewer Revenue Capital Loan Notes." The Council is required by statue to adopt the resolution instituting proceedings to enter into a loan agreement and issue the notes at the additional hearing - or an adjournment thereof. If necessary to adjourn, the minutes are written to accommodate that action. Section 384.83 of the Code of Iowa, provides that any resident or property owner of the City may appeal the decision to take additional action to issue the notes, to the District Court of a county in which any part of the City is located, within 15 days after such additional action is taken, but that the additional action is final and conclusive unless the court finds that the Council exceeded its authority. In the event an appeal is filed by any resident or property owner, please see that we are notified immediately; and, as soon as available, a copy of the notice of appeal should be furnished to our office for review. ACTION TO BE TAKEN The action steps for City Council are to approve the publication of Notice of Public Hearing, hold Public Hearing increasing the loan amount and approve resolution instituting proceedings to take additional action. to hold the public hearing and approve the resolution. A letter dated March 11, 2013 from attorney R. Mark Cory detailing information on the bond hearing is enclosed. A copy of a March 8, 2013 letter from attorney R. Mark Cory with information on the notice of this meeting is also enclosed. CC: cc: Barry Lindahl, City Attorney Jenny Larson, Budget Director Kevin Firnstahl, City Clerk AHLERS &COONEY, P.C. 100 COURT AVENUE, SUITE 600 DES MOINES, IOWA 50309 -2231 PHONE: 515 - 243 -7611 FAX: 515-243-2149 WWW.AHLERSLAW.COM R. Mark Cory rcory@ahlerslaw.com March 11, 2013 Via Overnight Delivery Mr. Ken TeKippe Finance Director City of Dubuque 50 West 13th Street Dubuque, Iowa 52001 RE: Sewer Revenue Capital Loan Notes (State of Iowa Revolving Fund Loan) Dear Ken: Direct Dial: (515)246 -0378 We enclose suggested proceedings to be acted upon by the Council on the date fixed for the additional hearing on the authorization to enter into a loan agreement and the issuance of the above Notes, pursuant to the provisions of Code Sections 384.24A, 384.82, and 384.83. A certificate to attest the proceedings is also enclosed. The proceedings are prepared to show as a first step procedure to ratify Publication of a Notice fixing the hearing date and then continues with the receipt of any oral or written objections from any resident or property owner to the proposed action of the Council to enter into a loan agreement and issue the notes. 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 not to abandon the proposal to issue the notes, a form of resolution follows that should be introduced and adopted, entitled "Resolution Instituting Proceedings to Take Additional Action for the Issuance of an Additional Amount of Not to Exceed $700,000 Sewer Revenue Capital Loan Notes." Action Must Be Taken At The Hearing. The Council is required by statute to adopt the resolution instituting proceedings to enter into a loan agreement and issue the notes at the additional hearing -- or an adjournment thereof, If necessary to adjourn, the minutes are written to accommodate that action. WISHARD & BAILY - 1888; GUERNSEY & BAILY - 1893; BAILY & STIPP - 1901: STIPP, PERRY, BANNISTER & STARZINGER - 1914; BANNISTER, CARPENTER, AHLERS & COONEY - 1950; AHLERS, COONEY, DORWEILER, ALLBEE, HAYNIE & SMITH - 1974; AHLERS, COONEY, DORWEILER, HAYNIE, SMITH & ALLBEE. P.C. - 1990 March 11, 2013 Page 2 In the event the Council decides to abandon the proposal, then the form of resolution included in said proceedings should not be adopted. We would suggest that, in this event, a motion merely be adopted to the effect that such proposal is abandoned. Section 384.83 of the Code of Iowa, provides that any resident or property owner of the City may appeal the decision to take additional action to issue the notes, to the District Court of a county in which any part of the City is located, within 15 days after such additional action is taken, but that the additional action is final and conclusive unless the court finds that the Council exceeded its authority. In the event an appeal is filed by any resident or property owner, please see that we are notified immediately; and, as soon as available, a copy of the notice of appeal should be furnished our office for review. Also enclosed is an extra copy of the proceedings to be filled in as the original and certified back to this office. If you have any questions pertaining to the proceedings enclosed or this letter, please do not hesitate to either write or call. Very tr / }y yours a R. Mark Cory FOR THE FIRM RMC:jas Enclosures cc: Jenny Larson 00929256 -1 \10422 -144 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 AN ADDITIONAL AMOUNT OF NOT TO EXCEED $700,000 SEWER REVENUE CAPITAL LOAN NOTES, 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: March 14 , 2013. WITNESS my official signature at Dubuque, Iowa, this 19th day of March , 2013. (SEAL) 00928988 -1 \10422 -144 AIA NOTICE,��{O�P'MEETINGa" •DUBUQUZJO1QA ON. MAI`hI EWOI' „ROPOSE0 QRIiTJ�TION 0 -.anaeroiic digester gas ined, heat and onalfar ountwill • ',treats 3heitatalg issue :; hepei,n to, the ,amount of �. not A, _wtoM exceed AGREEME ;AND , ., NOe'Ca ' ptes'w111 _54 r L_ �j not�co11stilute general AMOOJ obligatroarbe,.paya- EXCEED $700,001r ` ' ' "anYximanner by „_. ,A10 oRsgi D ,- r ,r�l,$3 •00'-o0C S,ea'1i'eN R ve= r� DI56URS�MENT'a�.� k�'flue r` Ca ' Lo SEWER *REVENUES N P� but, will. be CAPITALALOAN. 3� ,ANOIT,ESANDkI TuD'.•;ORI X10 ..,w# `DNISSUANCE' RUM lr' hereby, gi City.Cc l¢payabie • tom'and'rse, ;cureft;ibyntbe pet .reve- nues ofz,the unicipal ,Sewet,S,stem. 01+Athe alioue meeting *,9, copncil„ shall receive oral . or'vrritten - objections from any reside or property of Dub Jo III o waf`the City, to hold'aup public heard thef, bpvezaction. After - on the 18th _day of ,all; .°- objection have .� beehirecelved•and con - March .2013 at 630 sidered, -the City Coun- o'aic Fe 34„;.i the Ms � cII wl l at this meeting toric Federal ElOild'ing o yad gurnment 350 ....West ; 6th .Street �� Dubuque, iowa,i *at 1 d9thA,reo t e„i ddr nal 'which meetingthe Cl a 'o o .,#ee,gau ors-_ •Council ^1ppoposesll+1, Di blase satd Long ee take ,add;ttionai action -. tnent arid -gktie issuance ` forithe authorization of of Notes :orIl lall4r a Loan; and Disburse -' dailtth`e proposal tots -- ment Agreement- J seethe Notes., and Ib een the► CI This Noticels given-by` andttkie to „wair) order*of +the City Coun ,-nance ".Authoritylar4an e-'°'° 0, edr,: nce,,tty ands ells '1 c ,:of,the,City, >of Dubin ance to the loy�ai addition amount 4of a qns 84 not to„we?.Cceed,$70P; 001 •'' P-.1411-0r. ndearing.,, Sowi,Note kto, „ agitai ipi gd p; o need Loan Notes�torev ence iyngpcl the obligations, of the o erson City under, saidt'sLoan r access U� and -.,13' `bursem - t Agr Bern rt "e in o a so provide. o'p the: , costs o1 `acyutsl ����, .. ton, •cbnstructior re ;;48 consrtrugtton,xteld _ Ing,� q °¢g trigs iirn meeting. 'prov149.ar+e4-fand .. equlppinggll:or-part of the Jvlui7icial S.awer System, a k incWiing = - those, c sogiated� wdh5 "*th uisitior -: and 'wrnstall of microturbines; com- pression. Skid, heat re cavery ur�,ts,�andsielat •ed'mecclaaAcal, electry calg-0 ,4t.e wo at'the`,, Water .& .Resource- Re- covery Center to utilize STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, 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: March 14, 2013, and for which the charge is $36.51. Subscribed to before me, Notary Public in and for Dubuque County, Iowa, this ,tea day of ��� , 20 /3 - 232 fe<,,7_„.r_„,,„7, otar Public in and for Dubuque County, Iowa. Y q {3 IN,eT FA ' i.Gfnil1S9l4 ; ,11.13< a AHLERS f. COONEY, P.C. 100 COURT AVENUE, SUITE 600 DES MOINES, IOWA 50309 -2231 PHONE: 515- 243 -7611 FAX: 515-243-2149 WWW.AHLERSLAW.COM R. Mark Cory rcory@ahlerslaw.com March 8, 2013 Via Overnight Delivery Mr. Ken TeKippe Finance Director City of Dubuque 50 West 13th Street Dubuque, Iowa 52001 RE: Sewer Revenue Capital Loan Notes (State of Iowa Revolving Fund Loan) Dear Ken: Direct Dial: (515)246 -0378 Enclosed please find a Notice fixing the hearing on the issuance of an additional amount of not to exceed $700,000 Sewer Revenue Capital Loan Notes. 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 the proceedings is also enclosed. Should you have any questions concerning the enclosed proceedings, please don't hesitate to contact me. Very truly yours, RMC:csm Enclosures cc: Jenny Larson 00928984 -1 \10422 -144 7R. Mark Cory FOR THE FIRM WISHARO & DAILY - 1888; GUERNSEY & BAILY - 1893; BAILY & STIPP - 1901; STIPP, PERRY, BANNISTER & STARZINGER - 1914; BANNISTER, CARPENTER, AHLERS & COONEY - 1950; AHLERS, COONEY, DORWEILER, ALLBEE, HAYNIE & SMITH - 1974; AHLERS, COONEY, DORWEILER, HAYNIE, SMITH & ALLBEE, P.C. - 1990 ot :6 Oftiehvk (This Notice to be posted) • NOTICE AND CALL OF PUBLIC MEETING Governmental Body: The City Council of Dubuque, Iowa. Date of Meeting: March 18, 2013. Time of Meeting: 6;30 o'clock P .M. Place of Meeting: Historic Federal Building, 350 West 6th Street, Dubuque, Iowa. PUBLIC NOTICE IS HEREBY GIVEN that the above mentioned governmental body will meet at the date, time and place above set out. The tentative agenda for said meeting is as follows: Not to Exceed $700,000 Sewer Revenue Capital Loan Notes. • Resolution ratifying, confirming, and approving publication of Notice of Public Hearing. • Public hearing on the authorization of a Loan Agreement and the issuance of an additional amount of Notes to evidence the obligation of the City thereunder. • Resolution instituting proceedings to take additional action. Such additional matters as are set forth on the additional 6 page(s) attached hereto. (number) This notice is given at the direction of the Mayor pursuant to Chapter 21, Code of Iowa, and the local rules of said governmental body. City Cl : r , Dubuque, Iowa March 18, 2013 The City Council of Dubuque, Iowa, met in regular session, in the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa, at 6:30 o'clock P.M., on the above date. There were present Mayor Roy D. Buol in the chair, and the following named Council Members: Karla Braig, Joyce Connors, Ric Jones, Kevin Lynch, David Resnick, Lynn Sutton Absent: * * * * * * * * 1 Council Member Braig introduced the following Resolution entitled "RESOLUTION RATIFYING, CONFIRMING AND APPROVING PUBLICATION OF NOTICE OF PUBLIC HEARING FOR THE ISSUANCE OF AN ADDITIONAL AMOUNT OF NOT TO EXCEED $700,000 SEWER REVENUE CAPITAL LOAN NOTES ", and moved that the same be adopted. Council Member Connors seconded the motion to adopt. The roll was called and the vote was, AYES: Braig, Buol, Connors, Jones, Lynch, Resnick, Sutton NAYS: Whereupon, the Mayor declared the following Resolution duly adopted: RESOLUTION NO. 96-13 RESOLUTION RATIFYING, CONFIRMING AND APPROVING PUBLICATION OF NOTICE OF PUBLIC HEARING FOR THE ISSUANCE OF AN ADDITIONAL AMOUNT OF NOT TO EXCEED $700,000 SEWER REVENUE CAPITAL LOAN NOTES WHEREAS, the City of Dubuque, Iowa, is in need of funds to carry out the purpose of providing 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 acquisition and installation of microturbines, compression skid, heat recovery units and related mechanical, electrical and site work at the Water & Resource Recovery Center to utilize anaerobic digester gas in a combined heat and power facility, and it is deemed necessary and advisable that said City should authorize a Loan and Disbursement Agreement and issue Sewer Revenue Capital Loan Notes, to the additional amount of not to exceed $700,000, as authorized by Sections 384.24A, 384.82, and 384.83 of the City Code of Iowa, for the purpose of providing funds to pay the costs thereof; and WHEREAS, before said Notes may be issued, it was necessary to comply with the provisions of said Code, and to publish an additional notice of the proposal to enter into a Loan and Disbursement Agreement and issue such Notes and of the time and place of the meeting at which it is proposed to take action of the issuance of the Notes. 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the action of the City Clerk setting an additional public hearing before the City Council to meet at the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa, at to; 30 o'clock 1?. M., today, the 18th day of March, 2013, for the purpose of taking action on the matter of entering into a Loan and Disbursement Agreement and on the issuance of an additional amount of not to exceed $700,000 of the City, 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 acquisition and installation of microturbines, compression skid, heat recovery units and related mechanical, electrical and site work at the Water & Resource Recovery Center to utilize anaerobic digester gas in a combined heat and power facility, is hereby ratified, confirmed and approved. Section 2. That the Clerk had caused 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 the City, said publication to be not less than four (4) nor more than twenty (20) clear days before the date of the public meeting on the issuance of the Notes. Section 3. That the form of notice of public hearing is hereby ratified, confirmed and approved. PASSED AND APPROVED this 18th day of March, 2013. ATTEST: The Mayor announced that this was the time and place for the public hearing and meeting on the matter of the authorization of a Loan Agreement and the issuance of an additional amount of not to exceed $700,000 Sewer Revenue Capital Loan Notes, in order to provide funds to pay part of 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 acquisition and installation of microturbines, compression skid, heat recovery units and related mechanical, electrical and site work at the Water & Resource Recovery Center to utilize anaerobic digester gas in a combined heat and power facility, and that notice of the proposed action by the Council to institute proceedings for the authorization of the Loan and Disbursement Agreement and the issuance of the additional amount of Notes, had been published pursuant to the provisions of Sections 384.24A, 384.82, and 384.83 of the City Code of Iowa, as amended. The Mayor then asked the Clerk whether any written objections had been filed by any city resident or property owner to the proposal. The Clerk advised the Mayor and the Council that -0- written objections had been filed. The Mayor then called for oral objections to the proposal and -0- were made. Whereupon, the Mayor declared the time for receiving oral and written objections to be closed. (Attach here a summary of objections received or made, if any) 4 lmaczazkanssucem.a.v_aagr =3[3■7[Sa-S- The Council then considered the proposed action and the extent of objections thereto. Whereupon, Council Member Braig introduced and delivered to the Clerk the Resolution hereinafter set out entitled "RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION OF A LOAN AND DISBURSEMENT AGREEMENT AND THE ISSUANCE OF AN ADDITIONAL AMOUNT OF NOT TO EXCEED $700,000 SEWER REVENUE CAPITAL LOAN NOTES, and moved that the Resolution be adopted. was, Council Member Connors seconded the motion. The roll was called and the vote AYES: Braig, Buol, Connors, Jones, Lynch, Resnick, Sutton NAYS: Whereupon, the Mayor declared the measure duly adopted. RESOLUTION NO. 97-13 RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION OF A LOAN AND DISBURSEMENT AGREEMENT AND THE ISSUANCE OF AN ADDITIONAL AMOUNT OF NOT TO EXCEED $700,000 SEWER REVENUE CAPITAL LOAN NOTES WHEREAS, pursuant to notice published as required by law, this Council has held an additional public meeting and hearing upon the proposal to institute proceedings for the authorization of a Loan and Disbursement Agreement and the issuance of an additional amount of not to exceed $700,000 Sewer Revenue Capital Loan Notes, for the purpose of 5 paying part of acquisition, construction, reconstruction, extending, remodeling, improving, repairing and equipping all or part of the Municipal Sewer System, including those costs associated with the acquisition and installation of microturbines, compression skid, heat recovery units and related mechanical, electrical and site work at the Water & Resource Recovery Center to utilize anaerobic digester gas in a combined heat and power facility, and has considered the extent of objections received from residents or property owners as to said proposal and, accordingly the following action is now considered to be in the best interests of the City and residents thereof: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That this Council does hereby institute proceedings and take additional action for the authorization of a Loan and Disbursement Agreement and issuance in the manner required by law of an additional amount of not to exceed $700,000 Sewer Revenue Capital Loan Notes, to evidence the obligation thereof for the foregoing purpose. PASSED AND APPROVED this 18th day of March, 2013. Mayor ATTEST: 6 0.� STATE OF IOWA COUNTY OF DUBUQUE CERTIFICATE ) SS 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 meeting 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 affixed this 19th day of March, 2013. City Clerk( City of Dubuq e, State of Iowa (SEAL) 00929241 -1 \10422 -144 ROLL CALL ORDER FOR MEETING OF 3/18/2013 Buol, Connors, Jones, Lynch, Resnick, Sutton, Braig CITY OF DUBUQUE, IOWA CITY COUNCIL MEETING Historic Federal Building March 18, 2013 Council meetings are video streamed live and archived at www.cityofdubuque.org /media and on Dubuque's CityChannel on the Mediacom cable system at Channel 8 (analog) and 97.2 (digital). REGULAR SESSION 6:30 PM PLEDGE OF ALLEGIANCE MOMENT OF SILENCE May the spirit of wisdom keep our hearts and minds open as we endeavor to serve the common good. PROCLAMATION(S) 1. Fair Housing Month (April 2013) Fair Housing Month Proclamation 2. Family and Medical Leave Act 20th Anniversary FMLA Proclamation 3. Women's History Month (March 2013) Women's History Month Proclamation 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 Cable TV Commission of 2/6; City Council Proceedings of 2/28 and 3/4; Historic Preservation Education Task Force of 3/7; Library Board of Trustees of 1/24 and 2/11; Library Board of Trustees Update of 2/28; Mechanical Code Board of 3/7; Park & Recreation Commission of 2/12; Safe Community Advisory Committee of 1/9; Zoning Advisory Commission of 3/6; Zoning Board of Adjustment of 2/28; Proof of Publication for City Council Proceedings of 2/18; 2/19, 2/21, 2/25, 2/26, 2127, and 2/28 Suggested Disposition: Receive and File Cable TV Minutes 2/6 City Council Proceedings 2/28 City Council Proceedings 3/4 Historic Preservation TF Minutes 3/7 Library Board 1/24 Library Board 2/11 Library Board Update 2/28 Mechanical Board 3/7 Park and Rec Minutes 2/12 Safe Community Minutes 1/9 Zoning Advisory Minutes 3/6 Zoning Board of Adjustment Minutes 2/28 Proof - City Council Proceedings 2/18 Proof - City Council Proceedings 2/19 Proof - City Council Proceedings 2/21 Proof - City Council Proceedings 2/25 Proof - City Council Proceedings 2/26 Proof - City Council Proceedings 2/27 Proof- City Council Proceedings 2/28 2. Notice of Claims and Suits Carla Olivarez for vehicle damage, Robert Sarazin for property damage, Donna Schmitt for vehicle damage, Bart Weiden for vehicle damage Suggested Disposition: Receive and File; Refer to City Attorney Olivarez Claim Sarzin Claim Schmitt Claim, Wieden Claim 3. Disposition of Claims City Attorney advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Carla Olivarez for vehicle damage, Bart Wieden for vehicle damage Pg.1 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 AN ADDITIONAL AMOUNT OF NOT TO EXCEED $700,000 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 18th day of March , 2013, at 6:30 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 an additional amount of not to exceed $700,000 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 acquisition and installation of microturbines, compression skid, heat recovery units and related mechanical, electrical and site work at the Water & Resource Recovery Center to utilize anaerobic digester gas in a combined heat and power facility. Said additional amount will increase the total issue herein to the amount of not to exceed $3,100,000 Sewer Revenue Capital Loan Notes. 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 14th day of March , 2013. 00928945 -1 \I 0422 -144 Masterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager Dubuque ** * ** Ali- America City II II! 2012 SUBJECT: Proceedings for Public Hearing on the Issuance of Not to Exceed $2,400,000 Sewer Revenue Capital Loan Notes (State of Iowa Revolving Fund Loan) DATE: December 27, 2012 Finance Director Ken TeKippe recommends City Council approval of the proceedings for the public hearing on the issuance of not to exceed $2,400,000 Sewer Revenue Capital Loan Notes from the Iowa Water Pollution Control Works Financing Program. The hearing called by the enclosed proceedings will permit the City to take advantage of the 1.75% fixed interest rate for 20 years with a .25% annual administrative fee associated with the borrowing. There is a one -time .50% loan origination fee for the borrowing. The loan funds 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 acquisition and installation of microturbines, compression skid, heat recovery units and related mechanical, electrical and site work at the Water & Resource Recovery Center to utilize anaerobic digester gas in a combined heat and power facility. I concur with the recommendation and respectfully request Mayor and City Council approval. bat44 Michael C. Van Milligen MCVM :jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager FROM: Kenneth J TeKippe, Finance Director Dubuque 2007 SUBJECT: Proceedings for Public Hearing on the Issuance of not to exceed $2,400,000 Sewer Revenue Capital Loan Notes (State of Iowa Revolving Fund Loan) DATE: December 27, 2012 The purpose of this memorandum is to provide the suggested proceedings for the public hearing on the issuance of not to exceed $2,400,000 Sewer Revenue Capital Loan Notes from the Iowa Water Pollution Control Works Financing Program. The hearing called by the enclosed proceedings will permit the City to take advantage of the 1.75% fixed interest rate for 20 years with a .25% annual administrative fee associated with the borrowing. There is a one -time .50% loan origination fee for the borrowing. The loan funds 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 acquisition and installation of microturbines, compression skid, heat recovery units and related mechanical, electrical and site work at the Water & Resource Recovery Center to utilize anaerobic digester gas in a combined heat and power facility. The proceedings have been prepared on the basis that no objections will be filed with the City Clerk. If there are objections, we will need to summarize them. The Mayor will then declare the hearing on the issuance of said Notes to be closed. Immediately following, a resolution is to be introduced and adopted entitled "Resolution Instituting Proceedings to Take Additional Action for the Authorization of a Loan and Disbursement Agreement and the Issuance of $2,400,000 Sewer Revenue Capital Loan Notes." Section 384.83 of the Code of Iowa provides that any resident or property owner of the City may appeal the decision to take additional action to the District Court of a county in which any part of the City is located, within 15 days after such additional action is taken, but that the additional action is final and conclusive unless the court finds that the City Council exceeded its authority. In the event the City 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. The action step for City Council is to hold the public hearing and approve the resolution. A letter from attorney R. Mark Cory detailing information on the bond hearing is enclosed. KJT /eml Enclosures cc: Barry Lindahl, City Attorney Jenny Larson, Budget Director Kevin Firnstahl, City Clerk R. Mark Cory rcory@ahlerslaw.com AHLERS &COONEY, P.C. 100 COURT AVENUE, SUITE 600 DES MOINES, IOWA 50309 -2231 PHONE: 515- 243 -7611 FAX: 515- 243 -2149 WWW.AHLERSLAW.COM December 26, 2012 Via E -Mail and Overnight Delivery Mr. Ken TeKippe Finance Director City of Dubuque 50 West 13th Street Dubuque, Iowa 52001 RE: Not to exceed $2,400,000 Sewer Revenue Capital Loan Notes (State of Iowa Revolving Fund Loan) Dear Ken: Direct Dial: (515)246 -0378 The public hearing proceedings are 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 City Council to authorize the form of Loan and Disbursement Agreement and issue the Notes to the Iowa 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 City Council decides to enter into the Agreement and issue the Notes, a form of resolution follows that should be introduced and adopted, entitled "Resolution Instituting Proceedings to Take Additional Action." Section 384.83 of the Code of Iowa provides that any resident or property owner of the City may appeal the decision to take additional action to the District Court of a county in which any part of the City is located, within 15 days after such additional action is taken, but that the additional action is final and conclusive unless the court finds that the City Council exceeded its authority. In the event an appeal is filed by any resident or property owner, please see that we are notified immediately; and, as soon as available, a copy of the notice of appeal should be furnished our office for review. WISHARD & GAILY - 1888; GUERNSEY & GAILY - 1893; GAILY & STIPP - 1901; STIPP, PERRY, BANNISTER & STARZINGER - 1914; BANNISTER, CARPENTER, AHLERS & COONEY - 1950; AHLERS, COONEY, DORWEILER, ALLBEE, HAYNIE & SMITH - 1974; AHLERS, COONEY, DORWEILER, HAYNIE, SMITH & ALLBEE, P.C. - 1990 December 26, 2012 Page 2 In the event the City Council decides to abandon the proposal then the form of resolution included in said proceedings should not be adopted. We would suggest that, in this event, a motion merely be adopted to the effect that such proposal is abandoned. The Resolution taking additional action also acknowledges and approves of the terms of the SRF loan program. As you know, the terms of the loan being offered to the City are established primarily by reference to two external sources: the Authority's administrative rules governing the SRF Program and, to a lesser extent, by the terms of the bonds issued by the Authority to fund the City's loan. These loan terms are not negotiable by individual borrowers, and the City's decision to participate in the SRF Program effectively commits it to accept a loan on the stated terms. Also enclosed is an extra copy of the proceedings to be filled in as the original and returned to us for our transcript of the action taken Should you have any questions concerning the enclosed proceedings, please don't hesitate to contact me. Very truly yours, R. Mark Cory FOR THE FIRM RMC:dc Enclosures cc: Jenny Larson 00911154 -1 \10422 -144 Masterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager Dubuque k* Afl- America City 11 1111 2012 SUBJECT: Proceedings to Set Public Hearing on the Issuance of Not to Exceed $2,400,000 Sewer Revenue Capital Loan Notes (State of Iowa Revolving Fund Loan) DATE: December 11, 2012 Finance Director Ken TeKippe recommends the City Council set a public hearing for January 7, 2013, on the proposition of issuing not to exceed $2,400,000 in Sewer Revenue Capital Loan Notes. The loan funds 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 acquisition and installation of microturbines, compression skid, heat recovery units and related mechanical, electrical and site work at the Water & Resource Recovery Center to utilize anaerobic digester gas in a combined heat and power facility. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager Kenneth J. TeKippe, Finance Director Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager FROM: Kenneth J TeKippe, Finance Director Dubuque All-America City 2007 SUBJECT: Proceedings to Set Public Hearing on the Issuance of not to exceed $2,400,000 Sewer Revenue Capital Loan Notes (State of Iowa Revolving Fund Loan) DATE: December 10, 2012 The purpose of this memorandum is to recommend the setting of a public hearing on the authorization of a loan and disbursement agreement and the issuance of not to exceed $2,400,000 Sewer Revenue Capital Loan Notes from the Iowa Water Pollution Control Works Financing Program. The hearing called by the enclosed proceedings will permit the City to take advantage of the 1.75% fixed interest rate for 20 years with a .25% annual administrative fee associated with the borrowing. There is a one -time .50% loan origination fee for the borrowing. The loan funds 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 acquisition and installation of microturbines, compression skid, heat recovery units and related mechanical, electrical and site work at the Water & Resource Recovery Center to utilize anaerobic digester gas in a combined heat and power facility. The requested action step for City Council is to adopt the attached resolution fixing the date of January 7, 2013 for a public hearing on the proposition of issuing not to exceed $2,400,000 in Sewer Revenue Capital Loan Notes of Dubuque, Iowa and providing for publication of notice. A letter from attorney R. Mark Cory detailing information on the bond hearing is enclosed. KJT/eml Enclosures cc: Barry Lindahl, City Attorney Jenny Larson, Budget Director Kevin Firnstahl, City Clerk AHLERS &COONEY, P.C. 100 COURT AVENUE. SUITE 600 DES MOINES, 10WA50309 -2231 PHONE: 515 - 243 -7611 FAX: 515 -243 -2149 WWW.AHLERSLAW,COM R. Mark Cory rcary@ahlerstaw.cam December 10, 2012 Ms. Jenny Larson Budget Director City of Dubuque 50 West 13th Street Dubuque, Iowa 52001 RE: Not to exceed $2,400,000 Sewer Revenue Capital Loan Notes (State of Iowa Revolving Fund Loan) Dear Ms. Larson: Direct Dial; (515)246 -0378 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 384.82. Proceedings for the date of the public hearing also are enclosed. 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. 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 of publication is to be not less than four clear days nor more than twenty days before the date of said public meeting. In computing WISHARD & BAILY- 18881 GUERNSEY & BAILY - 18931 GAILY & STIPP - 1901; STIPP, PERRY, BANNISTER & STARZINGER - 1914; BANNISTER, CARPENTER. AHLERS & COONEY - 1950: AHLERS, COONEY, DORWEILER, ALLBEE, HAYNIE & SMITH - 1974: AHLERS, COONEY, DORWEILER, HAYNIE, SMITH & ALLBEE, P.C. - 1990 December 10, 2012 Page 2 time, the date of publication should be excluded. If the last day falls on Sunday, the whole of the following Monday should be excluded. Also enclosed is an extra copy of the proceedings to be filled in as the original and returned to us for our transcript of the action taken, together with publisher's affidavit of publication of notice of hearing. We are also enclosing an extra copy of the notice of hearing to be delivered to the newspaper for publication purposes. Should you have any questions concerning the enclosed proceedings or the SRF Program, please don't hesitate to contact me. Veryjttuly y►urs, R. Mark Cory FOR THE FIRM RMC :dc Enclosures cc: Ken TeKippe Barry Lindahl 00911149 -1 \10422 -144