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Bee Branch Creek Restoration Project_Additional Property AcquistionsMasterpiece on the Mississippi Dubuque hierd AI- AmeiicaCily 2007 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Bee Branch Creek Restoration Project, Additional Property Acquisitions DATE: December 16, 2010 In December of 2001, the City Council formally adopted the Drainage Basin Master Plan (DBMP) prepared by HDR Engineering. Based on the study, approximately 1,150 homes and businesses in the Bee Branch watershed are at risk of flood damage. In December of 2004, the City Council established the alignment for the Bee Branch Creek Restoration Project, from 15th and Sycamore Streets to 24th and Washington Streets, establishing the properties to be acquired for the Bee Branch Creek Restoration Project. In July of 2010 the City acquired the last property required for the Lower Bee Branch Creek Restoration Project. In August of 2010, the City Council awarded the construction contract for the Lower Bee Branch Creek Restoration Project to Tschiggfrie Excavating in the amount of $10,836,588.85. As part of the Lower Bee Branch Creek Restoration project, all soils excavated to create the open waterway were to be placed in the 16th Street Detention Basin along 16th Street creating a 6 -acre development parcel. Through subsurface exploration, soil sampling, and testing it was known that there were soils in the vicinity of Sycamore Street with elevated heavy metal concentrations. While these soils are not considered hazardous, with the approval of the Iowa Department of Natural Resources (IDNR) they were to be placed in a designated area in the fill area along 16th Street. While performing the excavation required as part of the construction of the Lower Bee Branch Project, unsuitable fill material was discovered in the same area as the heavy metal - laden soils. There is approximately 12,000 cubic yards (CY) of unusable unsuitable fill material. There are two options to deal with the soil. The estimated cost to haul the material to the landfill will exceed $150,000. If standard tipping fees were charged, it would add another $600,000 to the disposal option. However, some of the material could potentially be used by the landfill for daily cover reducing or even eliminating the tipping fees. These funds would need to come from the project contingency where $817,553.78 remains. A second option is to leave as much of the unsuitable fill material in place, undisturbed in its present location. This will require the City to shift the proposed channel. In order to shift the current alignment, additional property is required. The area west of Cedar Street has proven to be clean, sandy soils ideal for use as fill. Therefore, a second option is to acquire the property at 1450 Maple Street and the vacant lot at the northwest corner of 15th and Cedar Street. The cost to acquire the two properties is estimated at $161,000. City Engineer Gus Psihoyos is recommending acquiring the two additional properties to relocate a portion of the open waterway so that the unsuitable fill material found during construction east of Sycamore Street can be left in place. The cost of the property acquisition will be funded using Lower Bee Branch Creek Restoration Project contingency funds. A second design issue has arisen. As the scope of the Bee Branch project has transformed from just a stormwater management project into a public amenity in the form of a linear park that will connect the 26 -mile Heritage Trail to the Mississippi River Trail, the need for trail parking, public restrooms, and a larger engineered maintenance facility arose. The original maintenance building was the reuse of one of the acquired garages. While the design and layout of a trail parking lot, a public restroom facility, and a maintenance facility are purely conceptual at this point, property has been identified where all three can be located. The estimated cost to acquire the property is $671,000. The seven parcels with four owners are located south of 16 Street, east of Pine Street (and the railroad tracks), north of East 15 Street and west of Maple Street. City Engineer Gus Psihoyos is further recommending the acquisition of the four parcels at this time to allow for the construction of trail parking, public restrooms, and a maintenance facility for the Bee Branch Creek Restoration project with the construction to take place at a later date. The estimated cost to purchase the property for a parking lot, public restroom facility, and a maintenance facility is $671,000. The funding to purchase these properties will be available within the existing funding parameters with the receipt of the $3.95 million (- Jobs grant. Funding for the design and construction of the parking lot, public restroom facilities, and the maintenance facility estimated at $980,000 will depend on if any project contingency remains when all phases of the Bee Branch Project are complete, or if other grant funding can be applied towards them. If neither of these occurred, funding for these facilities would need to be budgeted in the future. I concur with the recommendation and respectfully request Mayor and City Council approval. MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager Marie Ware, Leisure Services Manager Gus Psihoyos, City Engineer Jennifer Larson, Budget Director Mich I C. Van"1 illigen Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager FROM: Gus Psihoyos, City Engineer SUBJECT: Bee Branch Creek restoration project, Additional Property Acquisitions DATE: December 16, 2010 DISCUSSION MEMORANDUM INTRODUCTION The purpose of this memo is to seek authorization to acquire additional property for the Bee Branch Creek Restoration Project. BACKGROUND In December of 2001, the City Council formally adopted the Drainage Basin Master Plan (DBMP) prepared by HDR Engineering (Omaha, Nebraska). Based on the study, approximately 1,150 homes and businesses in the Bee Branch watershed are at risk of flood damage. In December of 2004, the City Council established the alignment for the Bee Branch Creek Restoration Project, from 15th and Sycamore Streets to 24th and Washington Streets, establishing the properties to be acquired for the Bee Branch Creek Restoration Project. In July of 2010 the City acquired the last property required for the Lower Bee Branch Creek Restoration Project. In August of 2010, the City Council awarded the construction contract for the Lower Bee Branch Creek Restoration Project to Tschiggfrie Excavating in the amount of $10,836,588.85. Unsuitable Fill Material As part of the Lower Bee Branch Creek Restoration project, all soils excavated to create the open waterway were to be placed in the 16 Street Detention Basin along 16 Street creating a 6 -acre parcel which could be developed for commercial use. Through subsurface exploration, soil sampling, and testing it was known that there were soils in the vicinity of Sycamore Street with elevated heavy metal concentrations. While these soils are not considered hazardous, with the approval of the Iowa Department of Natural Resources (IDNR) they were to be placed in a designated area in the fill area along 16 Street. While performing the excavation required as part of the construction of the Dubuque I I I I 2007 Lower Bee Branch Project, unsuitable fill material was discovered in the same area as the heavy metal -laden soils. All told there is approximately 20,000 cubic yards (CY) of unsuitable fill material. About 8,000 CY of the material can be placed within the fill area in such a manner that it will not impact the future development of the 6 -acre parcel on the north portion of the basin. But spreading the remaining 12,000 CY on the site could hinder development of the parcel. There are two options to deal with the soil so that development of the 6 -acre parcel is not hindered. Option #1, Haul Material to the Landfill While the 12,000 CY of material will be utilized in the short term to help consolidate the fill area and make it ready for development, it eventually would have to be hauled to the landfill. Based on recent bids, the cost to haul the material to the landfill will exceed $150,000. If standard tipping fees were charged, it would add another $600,000 to the landfill disposal option. However, some of the material could potentially be used by the landfill for daily cover reducing or even eliminating the tipping fees. This option would be funded using the construction contingency associated with the Lower Bee Branch Creek restoration project that has a current balance of $817,553.78. Even with minimal tipping fees, this option would significantly deplete the construction contingency fund. Option #2, Purchase Additional Property and Leave Unsuitable Fill in Place A second option is to leave as much of the unsuitable fill material in place, undisturbed in its present location. This will require the City to shift the proposed channel in another location to ensure that the capacity of the open waterway and the 16 Street detention Basin function as required for its stormwater management purposes. In order to shift the current alignment, additional property is required. The area west of Cedar Street has proven to be clean, sandy soils ideal for use as fill. Therefore, a second option is to acquire the rental property at 1450 Maple Street and the vacant lot at the northwest corner of 15 and Cedar Street as shown in attached Exhibit A. The cost to acquire the two properties is estimated at $161,000. This option would also be funded using the Lower Bee Branch Creek Restoration Project construction contingency. recommend Option #2, acquiring the two properties outlined in Exhibit A, relocating a portion of the open waterway, and leaving the unsuitable fill material east of Sycamore Street in place. Trail Parking Lot, Public Restrooms, and Maintenance Facility As the scope of the Bee Branch project has transformed from just a stormwater management project into a public amenity in the form of a linear park that will connect the 26 -mile Heritage Trail to the Mississippi River Trail, the need for trail parking, public restrooms, and a larger engineered maintenance facility arose. The original maintenance building was the reuse f one of the acquired garages. While the design and layout of a trail parking lot, a public restroom facility, and a maintenance facility are purely conceptual at this point, property has been identified where all three can be located. Attached Exhibit B shows a conceptual layout on seven parcels (four individual owners). The estimated cost to acquire the property outlined in Original Lower Bee Branch Construction Contingency Balance $844,230.00 Less Change Orders in Process $ 26,676.22 Balance $817,553.78 Less Additional Property Purchase $161,000.00 Balance $656,553.78 Exhibit B is $671,000. Based on a conceptual design of the parking lot, public restroom, and maintenance facility shown in Exhibit B, the combined estimated cost of those facilities is $980,000. RECOMMENDATION I recommend the acquisition of the property outlined in Exhibit A to allow for the relocation of a portion of the open waterway so that the unsuitable fill material found during construction east of Sycamore Street can be left in place. also recommend the acquisition of the property outlined in Exhibit B to allow for the construction of trail parking, public restrooms, and a maintenance facility for the Bee Branch Creek Restoration project with the construction to take place at a later date. BUDGET IMPACT The estimate cost to purchase the two properties outlined in Exhibit A that would allow for the relocation of the open waterway in order to avoid unsuitable fill is $161,000. The purchase will be funded using the construction contingency fund for the Lower Bee Branch Creek restoration Project. The estimated cost to purchase the property for a parking lot, public restroom facility, and a maintenance facility is $671,000. The funding for these properties will be considered with the adoption of the proposed FY2012 Capital Improvement program Budget. Funding for the design and construction of the parking lot, public restroom facilities, and the maintenance facility will depend on if any project contingency remains when all phases of the Bee Branch Project are complete, or if grant funding can be applied towards them. If neither of these occurred, funding for these facilities would need to be budget in the future. ACTION TO BE TAKEN I respectfully request that the City Council authorize the City manager to begin the process of acquiring the additional property outlined in Exhibits A and B for the Bee Branch Creek restoration project. Attach. Prepared by Deron Muehring cc: Barry Lindahl, City Attorney Marie Ware, Leisure Services Manager LOWER BEE BRANCH CREEK RESTORATION PROJECT PROPERTIES Maintenance Facility Public Restrooms The required properties for trail parking, public restrooms, and maintenance facility are outlined in red. The properties are owned by four individuals /organizations. LOWER BEE BRANCH CREEK RESTORATION PROJECT PROPERTIES NEW STORAGE unsuitae F bl ill Material E 16TH ST I LOST STORAGE