Bee Branch Gate and Pump Replacement Project_InitiateCopyrighted
November 1, 2021
City of Dubuque Items to be set for Public Hearing # 1.
City Council Meeting
ITEM TITLE: Bee Branch Gate and Pump Replacement Project
SUMMARY: City Manager recommending the City Council set a public hearing for
November 15, 2021, to consider an agreement with the United States
Army Corps of Engineers for the Acceptance of Consent to Easement
Structures as a requirement for the City to proceed with the Bee Branch
Gate and Pump Replacement Project.
RESOLUTION Setting Date of Public Hearing on the Agreement with
the Army Corps of Engineers Consent to Easement Structures
SUGGESTED Receive and File; Adopt Resolution(s), Set Public Hearing for November
DISPOSITION: 15, 2021 Suggested Disposition:
ATTACHMENTS:
Description Type
Bee Branch Gate and Pump Replacement Project- City Manager Memo
MVM Memo
Staff Memo Staff Memo
Resolution Resolutions
Notice of Hearing Supporting Documentation
THE CITY
DUOF
B TEE
Masterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Bee Branch Gate and Pump Replacement Project
CIP #3402608 and CIP #7202608
DATE: October 22, 2021
Dubuque
All -America City
IN
2007.2012.2013
2017*2019
City Engineer Gus Psihoyos recommends the City Council set a public hearing for
November 15, 2021, to consider an agreement with the United States Army Corps of
Engineers for the Acceptance of Consent to Easement Structures as a requirement for
the City to proceed with the Bee Branch Gate and Pump Replacement Project.
Because the proposed improvements associated with the Bee Branch Gate and Pump
Replacement Project will be constructed within flowage easements controlled by the
United States Army Corps of Engineers, the City is required to enter a Consent to
Easement Structures agreement before proceeding with the project. The agreement
establishes the requirements the City must follow when it constructs the improvements.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Mic ael C. Van Milligen
MCVM:jh
Attachment
CC' Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Gus Psihoyos, City Engineer
THE C
DUUB---*-FEE
Masterpiece on the Mississippi
TO:
FROM:
SUBJECT:
DATE:
INTRODUCTION
Michael C. Van Milligen, City Manager
Gus Psihoyos, City Engineer
Bee Branch Gate and Pump Replacement Project
CIP# 3402608 and CIP#7202608
October 13, 2021
Dubuque
All•Amuica Cily
1II��r
2007-2012.2013
2017*2019
The enclosed resolution sets a public hearing to consider entering into a Consent to
Easement Structures agreement with the United State Army Corps of Engineers
(USACE) as a requirement for the City to proceed with the Bee Branch Gate and Pump
Replacement Project.
BACKGROUND
The Fiscal Year 2022 Budget includes funding for the Bee Branch Gate and Pump
Replacement Project which involves reconstruction of the flood control pump station
located on Kerper Boulevard between 12t" and 1611 Streets. The existing pump station
functions as part of the floodwall/levee system constructed by the USACE.
DISCUSSION
Because the proposed improvements associated with the Bee Branch Gate and Pump
Replacement Project will be constructed within flowage easements controlled by the
USACE, the City is required to enter a Consent to Easement Structures agreement
before proceeding with the project. The agreement establishes the requirements the
City must follow when it constructs the improvements. The easement documents have
been reviewed and approved by City Attorney Crenna Brumwell.
BUDGETIMPACT
There is no cost associated with entering into the Consent to Easement Structures
agreement.
ACTION TO BE TAKEN
I respectfully request adoption of the attached resolution setting a public hearing to
consider an agreement with the United State Army Corps of Engineers for the
Acceptance of Consent to Easement Structures as a requirement for the City to proceed
with the Bee Branch Gate and Pump Replacement Project.
Prepared by Deron Muehring
cc: Crenna Brumwell, City Attorney
Jenny Larson, Director of Finance & Budget
John Klostermann, Public Works Director
Arielle Swift, Assistant Public Works Director
Deron Muehring, Civil Engineer
Prepared by: Deron MuehrinciCity of Dubuque Engineering Deoart t 50 W 13'" Street Dubuque IA 52001
(563)589-4270 Return to: Adrienne N. Breitfelder, City Clerk 50 W 13 Street Dubuque, IA 52001 (563)5894100
RESOLUTION NO. 382-21
SETTING DATE OF PUBLIC HEARING ON THE AGREEMENT WITH THE ARMY
CORPS OF ENGINEERS CONSENT TO EASEMENT STRUCTURES
WHEREAS, the City of Dubuque has a flood control system along the Mississippi
River; and
WHEREAS, the United States has acquired a perpetual flowage easement over
Tract Nos. FIA-074, FIA-087, FIA-088, FIA-089, FIA-090, FIA-091 and FIA-120,
Mississippi River Project, Pool 12, and which was recorded in Record Book 114, Pages
1-21, in the records in Dubuque, Iowa; and
WHEREAS, the United States has been requested to give consent for the
installation, operation, and maintenance of a water pumping station to replace the existing
Bee Branch Pumping Station that is part of the Dubuque, Iowa Flood Risk Management
Project; and
WHEREAS, the City of Dubuque is required to enter into an Acceptance of
Consent to Easement Structures in order to proceed with the improvements associated
with the Bee Branch Gate and Pump Replacement Project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
A PUBLIC HEARING WILL BE HELD by the Dubuque City Council on the 15th day
of November 2021 at 6:30 p.m. in the City Council Chambers of the Historic Federal
Building, 350 W. 6th Street, Dubuque, Iowa, at which time the City Council proposes to act
on the Acceptance of Consent to Easement Structures between the City and the United
States.
Passed, adopted, and approved this 1st day of November 2021.
P x�
Roy D. Buol, Mayor
Attest:
Adrienne N. Breitfelder, City Clerk
CITY OF DUBUQUE, IOWA
OFFICIAL NOTICE
PUBLIC NOTICE is hereby given that the Dubuque City Council will conduct a public
hearing on the 15t" day of November 2021 at 6:30 p.m. in the Historic Federal Building,
350 W. 6t" Street, 2nd floor, Dubuque, Iowa, at which time the City Council proposes to
act on the Acceptance of Consent to Easement Structures between the City and the
United States government.
At the meeting, the City Council will receive oral and written comments from any resident
or property owner of said City to the above action. The official agenda will be posted the
Friday before the meeting and will contain listening, viewing, and public input options. The
City Council agenda can be accessed at
https://cityofdubuque.novusagenda.com/AgendaPublic/ or by contacting the City Clerk's
Office at 563-589-4100, ctyclerk@cityofdubuque.org.
Copies of supporting documents for the public hearings are on file in the City Clerk's
Office, City Hall, 50 W. 13t" St., Dubuque, Iowa, and may be viewed during normal
working hours. To comply with social distancing mandates, documents can be viewed at
https://www.cityofdubuque.org/Agendas or by contacting the City Clerk's Office at 563-
589-4100.
Written comments regarding the above public hearings may be submitted to the City
Clerk's Office via email at ctyclerk@cityofdubuque.org or by mail to City Clerk's Office 50
W. 13t" St., Dubuque, IA 52001, before said time of public hearing. At said time and place
of public hearings the City Council will receive any written comments
Individuals with limited English proficiency, vision, hearing or speech impairments
requiring special assistance should contact the City Clerk's Office at (563) 589-4100, TDD
(563) 690-6678, ctyclerk@cityofdubuque.org as soon as feasible. Deaf or hard -of hearing
individuals can use Relay Iowa by dialing 711 or (800) 735-2942.
Published by order of the City Council given on the XX day of XXXX 2021.
Adrienne N. Breitfelder
City Clerk