Tiffany Court - Lead Mine Sinkhole Remediation Project_HearingCity of Dubuque
City Council Meeting
Public Hearings # 5.
Copyrighted
September 20, 2021
ITEM TITLE: Tiffany Court- Lead Mine Sinkhole Remediation Project Public Hearing
SUMMARY: Proof of publication on notice of public hearing to consider City Council
approval of the plans, specifications, form of contract and estimated cost
of $165,000 for the Tiffany Court— Lead Mine Sinkhole Remediation
Project, and City Manager recommending approval.
RESOLUTION Approval of plans, specifications, form of contract, and
estimated cost for the Tiffany Court - Lead Mine Sinkhole Remediation
Project
SUGGESTED Suggested Disposition: Receive and File; Adopt Resolution(s)
DISPOSITION:
ATTACHMENTS:
Description Type
Tiffany Court Lead Mine Sinkhole Remediation Project- City Manager Memo
MVM Memo
Staff Memo
Resolution
Staff Memo
Resolutions
THE CITY OF
Dubuque
DUB TEE
All -America City
Masterpiece on the Mississippi
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Tiffany Court - Lead Mine Sinkhole Remediation Project Public Hearing
CIP 1002823 - Sinkhole Mine Remediation
DATE: September 14, 2021
Assistant City Engineer Bob Schiesl recommends City Council approval of the plans,
specifications, form of contract and estimated cost of $165,000 for the Tiffany Court —
Lead Mine Sinkhole Remediation Project.
In September 2018, a large sinkhole developed on private property (2792 Tiffany Court)
which we believe rests on or very near an historically large sub-terrainian crevice
(Stewart's Crevice) related to abandoned lead / zinc mining operations of the 1800's,
based on historical reference in Samuel Calvin's Geology of Dubuque mapped records
of 1858 and 1899.
The subsurface collapse has impacted the nearby residences and has the potential to
impact public infrastructure in and on Tiffany Court. City staff have worked with the
homeowners, Bob and Barb Freidman, and Steve and Kathleen Abba, providing
technical oversite using tried engineered methods of mitigation since the onset of the
sinkhole. Unfortunately, remediation and mitigation efforts have been unsuccessful and
there continues to be on -going funneling and subsidence.
City staff have also reached out to and developed a collaborative network of technical
experts at Iowa Department of Agriculture and Land Stewardship (IDALS); the Iowa
Department of Natural Resources; the Iowa Geological Survey; the U.S. Geological
Survey-, the Office of Surface Mining Reclamation and Enforcement; and the Mine
Safety and Health Administration. These various agencies have been a valuable
resource in providing technical assistance and guidance to the property owners and City
staff.
In November 2019, the City retained a geotechnical engineering consultant to perform a
geotechnical investigation and subsurface borings in the vicinity of the mine shaft
sinkhole.
Both property owners, the Freidman's and the Abbas, have indicated that their
respective property owner's insurance does not provide coverage for lead mine sinkhole
remediation. The property owners have also reached out to legislative and
congressional staff to inquire and request funding assistance at the state and federal
levels.
In December 2020, Mr. Freidman sent a letter to Governor Kim Reynolds requesting
assistance in mitigating the lead mine sinkhole. In February 2021, the Governor issued
a letter which authorized IDALS to utilize funds from Iowa's coal regulatory account to
mitigate the lead mine subsidence located at 2784 and 2792 Tiffany Court.
Following this announcement, IDALS approached the City to inquire if the City would be
agreeable to acting as the Local Public Agency and Contracting Authority for the lead
mine sinkhole remediation and mitigation project.
Following the request, the City Attorney's Office worked directly with the State Attorney
General's Office to prepare a Cooperative 28E Agreement between the City and IDALS.
The Agreement, to the fullest extent permitted by law, indemnifies and holds harmless
each party from and against all claims, losses, damages, liabilities. The Agreement
also makes no guarantees about long-term performance of the constructed remediation
and mitigation, nor may it be construed to provide any protections to any person or
property from future subsidence at 2784 and 2792 Tiffany Court after the remediation
and mitigation is completed.
Pursuant to the terms of the 28E Agreement, IDALS will reimburse the City for allowable
expenditures up to $150,000, unless otherwise approved by IDALS, for contracted work
performed as specified in the approved engineering design plans that is directly related
to the remediation and mitigation of the lead mine subsidence, including, but not limited
to, labor, materials, and equipment. Any such additional costs not covered by IDALS
shall be the sole responsibility of Property Owners.
The City and IDALS will be responsible for their own respective administrative costs
associated with the 28E Agreement, including the costs of administration, resources,
and employees' labor on the project.
Pursuant to the terms of the 28E Agreement, the City developed and acquired signed
Site Access Agreements with both property owners, the Freidmans and the Abbas,
holding the City and IDLAS harmless in the event of any unforeseen damages resulting
from the lead mine sinkhole remediation and mitigation efforts.
Costs associated with any damage to public or private property, real or personal,
resulting from the remediation work performed is not an eligible reimbursable IDALS
expense. The property owners have agreed, and included in the Site Access
Agreement, are solely responsible for the repair or replacement of any sidewalks,
driveways, or landscaping and the cost thereof which may result from the remediation
work and that City and IDALS will have no responsibility for such repair or replacement
or any ineligible cost.
2
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
Bob Schiesl, Assistant City Engineer
3
THE CITY OF
DUB E
Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
Gus Psihoyos, City Engineer
FROM: Robert Schiesl, Assistant City Engineer
DATE: September 13, 2021
RE: Tiffany Court - Lead Mine Sinkhole Remediation Project
Public Hearing
CIP 1002823- Sinkhole Mine Remediation
INTRODUCTION
Dubuque
mi•luerice City
I
2007-2012.2QI3
2017*2019
The attached resolution is in reference to the public hearing for the Tiffany Court - Lead
Mine Sinkhole Remediation Project.
BACKGROUND
In September 2018, a large sinkhole developed on private property (2792 Tiffany Court)
which we believe rests on or very near an historically large sub-terrainian crevice
(Stewart's Crevice) related to abandoned lead / zinc mining operations of the 1800's,
based on historical reference in Samuel Calvin's Geology of Dubuque mapped records
of 1858 and 1899.
The subsurface collapse has impacted the nearby residences and has the potential to
impact public infrastructure in and on Tiffany Court. City staff have worked with the
homeowners, Bob and Barb Freidman, and Steve and Kathleen Abba, providing
technical oversite using tried engineered methods of mitigation since the onset of the
sinkhole. Unfortunately, remediation and mitigation efforts have been unsuccessful and
there continues to be on -going funneling and subsidence.
City staff have also reached out to and developed a collaborative network of technical
experts at IDALS; the Iowa Department of Natural Resources; the Iowa Geological
Survey; the U.S. Geological Survey; the Office of Surface Mining Reclamation and
Enforcement; and the Mine Safety and Health Administration. These various agencies
have been a valuable resource in providing technical assistance and guidance to the
property owners and City staff.
In November 2019, the City retained a geotechnical engineering consultant to perform a
geotechnical investigation and subsurface borings in the vicinity of the mine shaft
sinkhole. The objective of the geotechnical investigation was to gather subsurface
information to be able to better define the extent and magnitude of the mine shaft
sinkhole and the potential impact area of the mine or sub-terrainian crevice. The
subsurface information gathered was also used to evaluate and determine if any City
infrastructure assets (street, sewer, water) were at risk.
Both property owners, the Freidman's and the Abbas, have indicated that their
respective property owner's insurance does not provide coverage for lead mine sinkhole
remediation. The property owners have also reached out to legislative and
congressional staff to inquire and request funding assistance at the state and federal
levels.
DISCUSSION
In December 2020, Mr. Freidman sent a letter to Governor Kim Reynolds requesting
assistance in mitigating the lead mine sinkhole. In February 2021, the Governor issued
a letter which authorized IDALS to utilize funds from Iowa's coal regulatory account,
pursuant to Iowa Code section 207.21(2)(b), to mitigate the lead mine subsidence
located at 2784 and 2792 Tiffany Court.
Following this announcement, IDALS approached the City to inquire if the City would be
agreeable to acting as the Local Public Agency and Contracting Authority for the lead
mine sinkhole remediation and mitigation project.
Following the request, the City Attorney's Office worked directly with the State Attorney
Generals Office to prepare a Cooperative 28E Agreement between the City and IDALS.
The Agreement, to the fullest extent permitted by law, indemnifies and holds harmless
each party from and against all claims, losses, damages, liabilities. The Agreement also
makes no guarantees about long-term performance of the constructed remediation and
mitigation, nor may it be construed to provide any protections to any person or property
from future subsidence at 2784 and 2792 Tiffany Court after the remediation and
mitigation is completed.
Pursuant to the terms of the 28E Agreement, IDALS will reimburse the City for allowable
expenditures up to $150,000, unless otherwise approved by IDALS, for contracted work
performed as specified in the approved engineering design plans that is directly related
to the remediation and mitigation of the lead mine subsidence, including, but not limited
to, labor, materials, and equipment. Any such additional costs not covered by IDALS
shall be the sole responsibility of Property Owners.
The City and IDALS will be responsible for their own respective administrative costs
associated with the 28E Agreement, including the costs of administration, resources,
and employees' labor on the project.
In May 2021, per City Council approval of Resolution 178-21, the Mayor executed
the Cooperative 28E Agreement with the Iowa Department of Agriculture and
Land Stewardship.
SITE ACCESS AGREEMENT
Pursuant to the terms of the 28E Agreement, the City developed and acquired signed
Site Access Agreements with both property owners, the Freidmans and the Abbas,
holding the City and IDLAS harmless in the event of any unforeseen damages resulting
from the lead mine sinkhole remediation and mitigation efforts.
2
The Site Access Agreement states that the property owners have requested full and
continuing access to the properties for the City and IDALS to perform investigation,
testing, analysis, and if determined necessary by City and IDALS, excavation and
construction and such remediation and mitigation work as City and IDALS determine in
their sole discretion is appropriate.
The Site Access Agreement also clarifies that the City and IDLAS will be completing the
remediation and mitigation work in the interest of public health, safety, general welfare,
private property, and to protect public property and infrastructure.
The Site Access Agreement also states and makes no guarantees about long term
performance of the constructed remediation and mitigation, nor may it be construed to
provide any protections to any person or property from future subsidence at 2784 and
2792 Tiffany Court after the remediation and mitigation is completed.
The Site Access Agreement also acknowledges that IDALS will reimburse the City for
allowable expenditures up to $150,000, unless otherwise approved by IDALS, and any
such additional costs not covered by IDALS shall be the sole responsibility of Property
Owners.
Costs associated with any damage to public or private property, real or personal,
resulting from the remediation work performed is not an eligible reimbursable IDALS
expense. The property owners have agreed, and included in the Site Access
Agreement, are solely responsible for the repair or replacement of any sidewalks,
driveways, or landscaping and the cost thereof which may result from the remediation
work and that City and IDALS will have no responsibility for such repair or replacement
or any ineligible cost.
In May 2021, per City Council approval of Resolution 175-21, the Mayor executed
the Property Owner Site Access Agreements with homeowners, Bob and Barb
Freidman, and Steve and Kathleen Abba to allow for the remediation and
mitigation of the lead mine sinkhole subsidence that developed at 2784 and 2792
Tiffany Court.
PROJECT SCHEDULE
The schedule for the project will be as follows:
Initiate Bidding
Publish Notice to Bidders, Advertisement for Bids
Publish Notice of Hearing on Plans & Specifications
Public Hearing
Pre -Bid Construction Conference
Receipt of Bids
Award of Contract
Completion Date
3
Sept. 7, 2021
Sept. 10, 2021
Sept. 10, 2021
Sept. 20, 2021
Sept. 21, 2021
Sept. 28, 2021
Oct. 4, 2021
Dec. 3, 2021
RECOMMENDATION
I recommend that the City Council approve the plans, specifications, form of contract
and estimated cost for the Tiffany Court - Lead Mine Sinkhole Remediation Project.
BUDGETIMPACT
The estimate of probable cost for the Tiffany Court - Lead Mine Sinkhole Remediation
Project is summarized in the following table:
Description
Cost Estimate
Construction
$ 136,500.00
Contingency
13,500.00
Engineering Design and Administration
15,000.00
Total Construction Cost Estimate
$ 165,000.00
The proposed project funding is summarized as follows:
CIP No.
Fund Description
Fund Amount
1002823
IDALS Cooperative 28E Agreement
$150,000.00
1002823
Sinkhole Mine Remediation
15,000.00
Total Project Funding
$ 165,000.00
IDALS will reimburse the City for allowable expenditures up to $150,000 for work
performed that is directly related to the remediation of the lead mine subsidence. If at
any point project costs are anticipated to exceed $150,000, IDALS must approve all
additional costs. The City and IDALS will be responsible for their own respective
administrative costs associated with the 28E Agreement, including the costs of
administration, resources, and employees' labor on the project.
REQUESTED ACTION
The City Council is requested to approve the plans, specifications, form of contract and
estimated cost for the Tiffany Court - Lead Mine Sinkhole Remediation Project through
adoption of the attached resolution.
CC' Jenny Larson, Director of Finance and Budget
Hugh McCarron, Engineering Technician
Vince Sitzmann, Mike Bourland, IDALS
Attachments
FAPROJECTS\Tiffany Court Sinkhole - 2019\Council & Staff Documents\Public Hearing
12
Prepared by Robert Schiesl, City of Dubuque Engineering, 50 W. 13th St. Dubuque, IA 52001 (563)589-4270
Return to Adrienne N. Breitfelder City Clerk City of Dubuque, 50 W. 13th St. Dubuque, IA 52001 (563)589-4100
RESOLUTION NO. 326-21
APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND
ESTIMATED COST FOR THE TIFFANY COURT - LEAD MINE SINKHOLE
REMEDIATION PROJECT
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed plans, specifications, form of contract and estimated cost for Tiffany
Court - Lead Mine Sinkhole Remediation Project, in the estimated amount $136,500.00,
are hereby approved.
Passed, approved and adopted this 20th day of September 2021.
Attest:
Adrienne N. Breitfelder, City Clerk
Danny C. ran , Mayor Pro Tern
STATE OF IOWA SS:
DUBUQUE COUNTY
CERTIFICATE OF PUBLICATION
I, Kathy Goetzinger, 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:
09/10/2021
and for which the charge is 40.91
Subscribed to before me, a Notary Pubficl and for
Dubuque County, Iowa,
this loth day of September, 2021
E¢v -
-
Notarylic in and for Dubuqu Counts y, Iowa.
n JANET K. PAPE
Commission Number 199559
My Comm. Exp. DEC 11, 2022
Ad text : CITY OF DUBUQUE, IOWA
OFFICIAL NOTICE
NOTICE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF
CONTRACT, AND ESTIMATED COST FOR THE TIFFANY COURT - LEAD MINE
SINKHOLE SUBSIDENCE REMEDIATION PROJECT
PUBLIC NOTICE is hereby given that the City Council of the
City of Dubuque, Iowa will hold a public hearing on the
proposed plans, specifications, form of contract and estimated
cost for the Tiffany Court - Lead Mine Sinkhole Subsidence
Remediation Project, in accordance with the provisions of
Chapter 26, Code of Iowa, at 6:30 p.m., on the 20th day of
September 2021, in the Historic Federal Building Council
Chambers, 350 West 6th Street, Dubuque, Iowa. The scope of the
Project is as follows:
Perform contracted work as specified in the approved
engineering design plans that is directly related to the
remediation and mitigation of the lead mine sink hole
subsidence, including, but not limited to, labor, materials,
and equipment.
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 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. At said time and place of public
hearings all interested citizens and parties will be given an
opportunity to be heard for or against said proposal.
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,
City Hall, 50 W. 13th 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
received by the City Clerk's Office.
Copies of supporting documents for the public hearings are
on file in the City Clerk's Office and may be viewed Monday
through Friday between 8:00 a.m. and 5:00 p.m.
Individuals with limited English proficiency, vision,
hearing or speech impairments or requiring special assistance
should contact the City Clerk's Office at (563) 589-4100,
TDD/Tl'Y (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 7th day
of September 2021.
Adrienne N. Breitfelder, City Clerk
It 9/10