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Lower Bee Branch Creek I-JOBS Grant Agreement AmendmentMasterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Lower Bee Branch I -JOBS II Grant Agreement Amendment DATE: September 29, 2011 Dubuque aA-- America City f 2007 City Engineer Gus Psihoyos is recommending approval of an amendment to the I -JOBS II Grant Agreement for the Bee Branch Creek Restoration Project. This amendment ensures that the City will receive the full $3,965,000 in grant dollars and adds a requirement that the City will complete Phase II of the project, even though the original grant only covered Phase I. I concur with the recommendation and respectfully request Mayor and City Council approval. ichael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Gus Psihoyos, City Engineer Masterpiece on the Mississippi TO: FROM: Gus Psihoyos, City Engineer SUBJECT: Lower Bee Branch, I -JOBS II Grant Agreement Amendment DATE: September 27, 2011 MEMORANDUM Michael C. Van Milligen, City Manager INTRODUCTION The purpose of this memo is to request City Council approval to amend the I -JOBS II Grant Agreement with the Iowa Jobs Board and the Iowa Finance Authority which will result in the City's receipt of $3,965,500 for the Lower Bee Branch Creek Restoration Project. Dubuque Will AI-Amaicac Iy '1 111! 2007 BACKGROUND In 2010, the Iowa Legislature appropriated $30 million from FY 11 revenue bonds to the I -JOBS Board for a Disaster Prevention Grant Program for grants to cities and counties. The money is intended to assist in the development and completion of public construction projects relating to disaster prevention, including construction, replacement or reconstruction of, local public buildings in a manner that mitigates damages from future disasters, including flooding. Because the Bee Branch Creek Restoration Project is a disaster prevention project, it seemed to qualify for the funding. One of the qualifications of a project is related to how soon it can move into construction. Therefore, on July 1, 2010 a Notice of Intent to Apply for $7.3 million in I -JOBS II Disaster Prevention Grant Program funds was submitted for the Lower Bee Branch Creek Restoration project. The Lower Bee Branch Creek Restoration Project is the section of the project from the 16th Street Detention Basin to the railroad tracks just north of the former pack site. On July 15, 2010 the City received notice from the Iowa Finance Authority that the City was eligible to apply for funds from the program. As a next step, the City was invited to complete an online application. An application was submitted for the Lower Bee Branch Creek Restoration Project before the August 2, 2010 deadline. On September 15, 2010 the I -JOBS Board of Directors awarded a total of $30 million available through the I -JOBS II program I -JOBS to 23 projects in 21 Iowa counties. Of those awardees, the City of Dubuque received $3,965,500 for the Lower Bee Branch Project, one of the largest awards. On October 18, 2010 the City Council adopted Resolution 399 -10 authorizing the City Manager to execute an agreement with the Iowa Jobs Board and the Iowa Finance Authority as required for the City's receipt of $3,965,500 in I -JOBS II grant funds for the Lower Bee Branch Creek Restoration Project. DISCUSSION The original City application in 2010 was for $7.3 million in grant money for a $15.1 million project. During the application review process, the I -Jobs Board asked the City to identify the components of the Lower Bee Branch Project that were critical to disaster prevention which totaled $7.53 million. The City was then awarded $3.965 million based on the $7.53 million in disaster prevention project costs. The current Grant Agreement reflects that the City would be reimbursed at just over 26% of project costs. City staff thought that was fine because 26% of the over $15 million project would get the Citythe entire grant. However, in early August, the Iowa Finance Authority (IFA) staff told the Citethat thefeimbursernents could not be based on expenses prior to March of2010. This interpretation of the Grant Agreement would prevent the City from collecting the entire $3.965 million grant. The I -Jobs Board, at their August 26, 2011 Board meeting, directed .IFA staff to work with the City on an amended agreementto ensure that the City receives the full $3.965 million in grant funding. One of the Board Members expressed some concern that the State would be getting less leveraged investment if the records showed they were only getting a $7 million project for $3.965 million in grant funding. City staff pointed out that they are still getting the $15 million project, but that the City of Dubuque may be willing to contractually commit to building the $20 million Upper Bee Branch Project, to actually increase the leveraged investment. On Friday, September 9, 2011, the I -Jobs Board had a special telephone conference call meeting and voted to amend-the Dubuque contract to reimburse the City at a rate of just over 52 %, so that Dubuque will be able to recover the full $3.965 million. The Board also decided that a requirement to build the Upper Bee Branch Project would be included in the amended grant agreement. The attached First Amendment to Iowa Jobs II Program Grant Award Agreement was developed through negotiations between IFA and City staff. City staff and legal counsel believe that the amendment as proposed is appropriate and will result in the City obtaining the full $3.965 million in I -JOBS II grant funding. RECOMMENDATION I recommend executing the ame idmentto the Grant. Agreement with the Iowa Jobs Board and the Iowa Finance Authority which will result in the City's receipt of $3,965,500 for the Lower Bee Branch Creek Restoration Project. 2 ACTION TO BE TAKEN I respectfully request that the City Council adopt the attached resolution authorizing the City Manager to execute the attached Grant Agreement Amendment as a requirement for the City's receipt of $3,965,500 in state I -JOBS funding for the Lower Bee Branch Creek Restoration Project. Attach. Prepared by Deron Muehring cc: Barry Lindahl, City Attorney Jenny Larson, Budget Director Ken TeKippe, Finance Director Deron Muehring, Civil Engineer II 3 RESOLUTION NO. 341 -11 AUTHORIZING THE EXECUTION OF THE FIRST AMENDMENT TO THE GRANT AGREEMENT WITH THE IOWA JOBS BOARD AND THE IOWA FINANCE AUTHORITY AS REQUIRED FOR THE CITY'S RECEIPT OF $3,965,500 IN STATE (- JOBS FUNDING FOR THE LOWER BEE BRANCH CREEK RESTORATION PROJECT. Whereas, in 1999, 2002, 2004, AND 2010 heavy rains produced flood damage spurring Presidential Disaster Declarations for Dubuque County; and Whereas, the Lower Bee Branch Creek Restoration Project has been identified as one of a series of projects to provide relief from property damage due to flooding to 1,150 residents in the City of Dubuque; and Whereas, the Iowa Legislature and the Governor of Iowa pursuant to 2010 Iowa Acts Senate File 2389 (the "2010 Act ") created the Iowa Jobs II program to assist in disaster prevention construction projects; Whereas, the City of Dubuque (the "City ") submitted an application (the "Application ") to the Iowa Jobs board requesting assistance in financing for the Lower Bee Branch Creek Restoration Project (the "Project "); Whereas, the City, at Iowa Jobs' request, identified out of the total Project cost of approximately $15.1 million, approximately $7.5 million in new construction costs critical to disaster prevention. Whereas, Iowa Jobs scored the application and made a determination to award it a grant of $3,965,500.00 (the "Grant ") pursuant to the Iowa Jobs II Program. Whereas, the Board, The Authority and the City (collectively, the "Parties ") entered into a Grant Award Agreement (the "Agreement ") with an effective date of December 1, 2010. Whereas, the Parties have agreed that the Grant was calculated based on the critical new construction costs and that accordingly the Applicable Percentage should be calculated based on the cost of the critical new construction for disaster prevention. Whereas, the Parties have further agreed to include as part of the consideration contained in the Agreement that the entire Restoration of Bee Branch Creek (the "Bee Branch "), consisting of the Project known as the Lower Bee Branch and the Upper Bee Branch (not a part of the Project), as further described in the attached Exhibit J, should be constructed. Whereas, the Parties have determined that certain amendments to the Agreement are in order. Whereas, it is in the best interest of the City to amend the Agreement as required for the City's receipt of the grant funding; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Attest: The City Manager is authorized to execute the First Amendment to Iowa Jobs II Program Grant Award Agreement as required for the City's receipt of $ 3,965,500 I -JOBS II grant funds for the Lower Bee Branch Creek Restoration Project. Passed, approved and adopted this 3rd day of oc 1ober Kevin Firnstahl, City Clerk , 2011. Roy D. Buol, Mayor FIRST AMENDMENT TO IOWA JOBS II PROGRAM GRANT AWARD AGREEMENT AMONG THE IOWA JOBS BOARD, IOWA FINANCE AUTHORITY, AND THE CITY OF DUBUQUE, IOWA THIS FIRST AMENDMENT TO IOWA JOBS II PROGRAM GRANT AWARD AGREEMENT ( "Agreement") is made by and among the Iowa Jobs Board ("Board" or "Iowa Jobs "), the Iowa Finance Authority, ( "Authority"), and the City of Dubuque, Iowa ("Grantee "). WHEREAS, the Iowa Jobs Program was established by the Iowa Legislature and the Governor of Iowa pursuant to 2009 Iowa Acts Senate File 376 (the "Act ") to assist in recovery from the disasters of 2008 and in economic recovery. WHEREAS, the Iowa Legislature and the Governor of Iowa pursuant to 2010 Iowa Acts Senate File 2389 (the "2010 Act ") created the Iowa Jobs II program to assist in disaster prevention construction projects. WHEREAS, the Grantee submitted an application (the "Application ") to the Iowa Jobs board requesting assistance in financing its project (the "Project "). WHEREAS, Grantee, at Iowa Jobs' request, identified out of the total Project cost of approximately $15.1 million, approximately $7.5 million in new construction costs critical to disaster prevention. WHEREAS, Iowa Jobs scored the application and made a determination to award it a grant of $3,965,500.00 (the "Grant ") pursuant to the Iowa Jobs II Program. WHEREAS, the Board, The Authority and the Grantee (collectively, the "Parties ") entered into a Grant Award Agreement (the "Agreement ") with an effective date of December 1, 2010. WHEREAS, the Parties have agreed that the Grant was calculated based on the critical new construction costs and that accordingly the Applicable Percentage should be calculated based on the cost of the critical new construction for disaster prevention. WHEREAS, the Parties have further agreed to include as part of the consideration contained in the Agreement that the entire Restoration of Bee Branch Creek (the "Bee Branch"), consisting of the Project known as the Lower Bee Branch and the Upper Bee Branch (not a part of the Project), as further described in the attached Exhibit J, should be constructed. WHEREAS, the Parties have determined that certain amendments to the Agreement are in order. 1 NOW THEREFORE, in consideration of the mutual promises contained herein and intending to be legally bound, the Iowa Jobs Board, the Authority, and the Grantee agree to the following amendments to the Agreement: 1. The fifth "whereas" clause of the Agreement is hereby revised to read as follows: WHEREAS, the Board, on September 15. 2010 (the "Award Date "), voted to award a grant (the "Grant ") of up to Three Million Nine Hundred Sixty Five Thousand Five Hundred Dollars (US $ 3.965.500) to Grantee, subject to the terms and conditions set forth herein; the Grant equals fifty -two and sixty -six one hundredths percent (52.66%) of the projected cost of the critical Disaster Prevention portion of the Project as described in Exhibit C (the "Applicable Percentage.") 2. Section 8.1 of the Agreement is hereby revised to read as follows: 8.1 DISBURSEMENT. The Grantee shall request disbursements by submitting the request form set forth as Exhibit D hereto, as the same may be modified from time to time by the Authority, to the Authority itemizing the Grantee's total actual allowable expenses, and attaching supporting invoices. "Allowable expenses" shall mean costs directly incurred by the Grantee for the design, development, or construction of the Critical Disaster Prevention Portion of the Project, as set forth on Exhibit C. Expenses shall be documented in a manner acceptable to the Authority. Each Disbursement Request Form shall be signed by two authorized officers or employees of the Grantee. The Authority will review the request and, if acceptable to the Authority, the Authority shall cause the disbursement to be made to the Grantee. The amount of the disbursement shall equal the amount of the allowable expenses multiplied by the Applicable Percentage; provided, however, that the total amount of all disbursements hereunder, in the aggregate, shall not exceed the amount set forth in Article 2, above. 3. Revision of Exhibit C. Exhibit C to the Agreement is hereby deleted from the Agreement and replaced with new Exhibit C attached hereto, amending Lower Bee Branch and inclusion of Upper Bee Branch for information purposes. 4. Condition Subsequent. Notwithstanding anything in the Agreement to the contrary, the Parties agree as a condition subsequent of the Grant, the Grantee shall complete the Bee Branch no later than December 13, 2013. Within thirty (30) calendar days of the completion date of the Bee Branch, Grantee shall send by U.S. mail written 2 notice of such completion to the Authority at its address identified in subsection 1.1 of the Agreement. 5. Agreement Otherwise Unchanged. Except as expressly modified by the terms of this First Amendment, the terms of the Agreement remain unchanged and in full force and effect. IN WITNESS WHEREOF, the Parties hereto have caused this First Amendment to be executed as of the dates set forth below, by their officers duly appointed and authorized. FOR THE IOWA JOBS BOARD: BY: Jeffrey A. Pomeranz, Chairman Date FOR THE IOWA FINANCE AUTHORITY: BY: David D. Jamison, Executive Director FOR THE CITY OF DUBUQUE: BY: 3 Date (o 6/7( Dale Applicant Project Name Source of Funding I -JOBS II Grant Vision Iowa RECAT Grant Local Funds (GO Bond Debt)* Local Funds (CW SRF Debt)' 'City's Stonnwater Management * *Final expenses will vary sli.h EXHIBIT C Sources of Funds and Projected Value of Project CITY OF DUBUQUE, IA LOWER BEE BRANCH CREEK RESTORATION Total Project Cost Critical, Disaster Prevention Portion $3,965,500.00 $31,400.00 54,614,700.00 56,491,230.00 315,102,830.00 53,965,500.00 $31,400.00 5635,800.00 52,898,300.00 37,531,000.00 Utility which generates 53 million per year will be used based on construction et to be no • feted. Use of Funding Cost Building Acquisition Land Acquisition Demolition On -site Improvements Off-site Improvements Rehabilitation New Construction Permits Construction Contingency Soft Cost Contingency Construction Loan Fee Construction Loan Interest Real Estate Taxes Risk/Liability Insurance Architect Engineer Attorney Accounting/Cost Certification Consultant's Fee Administration Survey Archaeological/Environmental Appraisal Permanent Loan Fee Title /Recording Relocation Developer Fee Capitalized Reserves $0.00 $2,353,100.00 $130,000.00 $0.00 $0.00 50 00 510,831,100.00 $0.00 $844,230.00 50 00 $0 00 50.00 50.00 $0.00 $0.00 5809,400.00 $10,000.00 $5,000.00 50.00 55,000.00 50 00 $25,000.00 50.00 50 00 50.00 590,000.00 50.00 50.00 CONSTRUCTION COSTS Critical Disaster Prevention Portion (To Be Expended after 312010) $0.00 $0.00 50 00 $0 00 $0.00 50.00 $7,531,000.00 $0 00 50.00 50.00 $0.00 50.00 50 00 50.00 $0.00 50.00 50.00 50.00 50.00 50.00 $0.00 50.00 50 00 $0.00 50.00 $0 00 $0 00 50.00 PROJECT Critical Disaster Prevention Portion (Expended as of 812011) 53,610,110.25 529,833.00 5506,759.79 $2,662,666.82 56,809,369.86 to retire the debt Critical Disaster Prevention Portion (Expended as of 812011) $0.00 50.00 50.00 $0.00 $0.00 50.00 $6,809,369 86 60.00 50.00 $0.00 $0.00 50.00 $0.00 $0.00 50.00 $0.00 $0.00 50.00 50 00 $0.00 50.00 50 00 80.00 50.00 $0.00 $0.00 50.00 5000 Critical Disaster Prevention Portion (Remaining Expenses) 5355,389 75 51,567.00 5129,040.21 " 5235,633.18 ** 5721,630.14 Critical Disaster Prevention Portion (Remaining Expenses) $0.00 $0.00 $0.00 50 00 $0.00 $0.00 $721,630.14 50 00 50.00 50.00 $0.00 50.00 $0.00 50 00 50.00 $0.00 50.00 50 00 $0.00 50.00 50.00 50 00 50 00 50.00 $0.00 $0.00 50.00 50.00 TOTAL (CONSTRUCTION) 315,102,830.00 $7,531,000.00 $6,809,369.86 0721,630.14 REPLACEMENT COSTS Use of Funding Building Acquisition Land Acquisition Demolition On -site Improvements Off-site Improvements Rehabilitation Construction Permits Construction Contingency Soft Cost Contingency Construction Loan Fee Construction Loan Interest Real Estate Taxes Risk /Liability Insurance Architect Engineer Attomey Accounting /Cost Certification Consultant's Fee Administration Survey Archaeological /Environmental Appraisal Permanent Loan Fee Title /Recording Relocation Developer Fee Capitalized Reserves Cost $0.00 $0.00 50.00 $0.00 50.00 50.00 57,982,300.00 50.00 $844,230.00 $0.00 50.00 50 00 $0.00 $0.00 $0.00 5809,400.00 510,000.00 55,000.00 $0.00 $5,000.00 60.00 $0.00 50.00 50.00 50.00 50.00 60 00 $0.00 Cost 50.00 $0.00 $0.00 $0.00 50.00 5000 54,682,200.00 50.00 $495,202 35 50.00 50.00 $0.00 50.00 5000 $0.00 $809,400.00 $10,000.00 55,000.00 50 00 55,000.00 50.00 50.00 $0.00 50.00 50 00 $0.00 50.00 $0.00 TOTAL (REPLACEMENT) (VALUE OF PROJECT) $9,655,930.00 56,006,802.35 Page 1 of 2 Construction Cost Breakdown by Activity Sanitary Sewer, Critical Sanitary Sewer, Other Sanitary Sewer Total Storm Sewer, Critical Storm Sewer, Other Storm Sewer Total Water Main, Critical Water Main, Other Water Main Total Waterway /Basin Roadway Repair 16th Street Bridge Exhibit C Sources of Funds and Projected Value of Project Critical Other Note 8/31/2010 $61,000.00 $61,000.00 Relocation of sanitary required for channel excavation $832,000.00 $832,000.00 Additional upgrades to sanitary sewer system. $893,000.00 $558,000.00 $558,000.00 Re- routing storm sewer to discharge into channel $289,000.00 $289,000.00 Reconstructing storm sewer associated with existing basin. $847,000.00 $203,000.00 $203,000.00 Relocation of water main to maintain existing water service $118,000.00 $118,000.00 Upgrading water main on 16th Street $321,000.00 $5,335,000.00 $5,335,000.00 Channel construction and basin excavation $254,000.00 $254,000.00 Restoration of streets where channel construction cuts through existing streets. $1,374,000.00 $1,374,000.00 Sycamore Street Bridge $1,210,000.00 Landscaping Enhancemen $597,000.00 TOTALS Required to maintain vehicular access over channel, through area. Channel not feasible without at least one bridge to maintain traffic through area. $1,210,000.00 Second bridge not critical. $597,000.00 Trees and other landscaping amenities $10,831,000.00 $7,531,000.00 $3,300,000.00 Of the $10.8 million construction project, $7.53 million is critical to the disaster prevention project. Page 2 of 2 Applicant Project Name Source of Funding I -JOBS II Grant Vision Iowa RECAT Local Funds (GO Bond Debt)* Local Funds (CW SRF Debt)* EXHIBIT C Sources of Funds and Projected Value of Project CITY OF DUBUQUE, IA UPPER BEE BRANCH CREEK RESTORATION PROJECT Total Project Cost ** $0.00 $1,920,000.00 $7,244,000.00 $16,286,000.00 $25,450,000.00 *City's Stormwater Management Utility which generates $3 million per year will be used to retire the debt. * *Estimate based on 60% design, subject to change based on final design plans. CONSTRUCTION COSTS Use of Funding Building Acquisition Land Acquisition Demolition On -site Improvements Off -site Improvements Rehabilitation New Construction Permits Construction Contingency Soft Cost Contingency Construction Loan Fee Construction Loan Interest Real Estate Taxes Risk/Liability Insurance Architect Engineer Attorney Accounting /Cost Certification Consultant's Fee Administration Survey Archaeological /Environmental Appraisal Permanent Loan Fee Title /Recording Relocation Developer Fee Capitalized Reserves Cost $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $22,500,000.00 $0.00 $2,250,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $700,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTAL CONSTRUCTION COST $25,450,000.00 Page 1 Applicant Project Name EXHIBIT C Sources of Funds and Projected Value of Project CITY OF DUBUQUE, IA UPPER BEE BRANCH CREEK RESTORATION PROJECT REPLACEMENT COSTS Use of Funding Building Acquisition Land Acquisition Demolition On -site Improvements Off -site Improvements Rehabilitation Construction Permits Construction Contingency Soft Cost Contingency Construction Loan Fee Construction Loan Interest Real Estate Taxes Risk/Liability Insurance Architect Engineer Attorney Accounting /Cost Certification Consultant's Fee Administration Survey Archaeological /Environmental Appraisal Permanent Loan Fee Title /Recording Relocation Developer Fee Capitalized Reserves Cost $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $22,500,000.00 $0.00 $2,250,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $700,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTAL REPLACEMENT COST $25,450,000.00 (VALUE OF PROJECT) Page 2 EXHIBIT J Upper Bee Branch Project Description Upper Bee Branch Creek Restoration Project The floodplain area to be constructed as part of the project will also include features to improve the water quality within the daylighted Bee Branch Creek. Six Bio- Retention Fields /Rain Gardens to provide treatment to the stormwater discharged from all existing adjacent local storm sewers, and the "first flush" from all existing adjacent regional storm sewers. The proposed cross section of the bio- retention field is shown in Figure 8. The Bio- Retention Fields will include an engineered soil matrix and surface vegetation to promote and maintain infiltration /filtration of storm water prior to reaching the proposed channel area, resulting in storm water discharge with reduce dissolved contaminants, suspended solids, nutrient loading and thermal loading. • Creek // Floodplain Area a* Low Flow Channel y Rain Garden + Natural Vegetation Figure 8. Cross section of the Upper Bee Branch near 22 "d Street that includes a bio- retention fields /rain garden. To complete the restoration of the Upper Bee Branch Creek, the associated floodplain and a riparian buffer, hundreds of native trees will be planted along the creek and throughout the floodplain area. Along with intercepting rain and decreasing runoff, the tree canopy will provide shade, another protection from thermal loading. In summary, the Upper Bee Branch Creek Restoration Project is the last of four stormwater management improvement projects that will prevent harm to citizens and prevent property damage to approximately 1,150 homes and businesses along the buried Bee Branch done in a manner that will improve the water quality and create wildlife habitat in the now buried Bee Branch Creek, a water of the United States tributary to the Mississippi. The proposed creek profile includes three in -line spillway /aeration features to aerate stormwater as it moves through the Upper Bee Branch Creek (see Figure 7). In -line aeration will result in oxidation of volatile organic compounds and release of dissolved anerobic gases within the creek while increasing dissolved oxygen levels that promote natural biological assimilation of dissolved contaminants. Trodow Flow Channel Width I Sed me t Collection Narrows Low non Osmotic! Enhance Sediment bop Upstream 101Aih.enince *hick Across 9eYm.a!?.. Eor.or -i Figure 6. Cross - section of the Upper Bee Branch Creek with a sediment bay designed to collect coarse sediments from the active stream channel where it can be removed using mechanical means. •.. �— _— a .._ '- . Aeration Feature Daylighted Creek Figure 7. Aeration feature at upper reach of the daylighted Upper Bee Branch Creek. Figure 4. Limits of the restored Upper Bee Branch Creek Restoration Project from Garfield Avenue to 24t Street. The creek itself will consist of primarily an earthen and cobble bottom. Its banks will consist of a combination of random stone and natural channel edges to promote a bio- diverse aquaculture including macro - invertebrate and polymorphic amphibian populations within the immediate channel environment. Development of this environment/habitat will lead to a natural assimilation and absorption of various dissolved and suspended stream contaminants and nutrients resulting from the discharge of urban storm water runoff to the creek. Figure 5 is a drawing that shows a typical cross section. The combination of rock and vegetative channel banks will recreate the creek's biological integrity with the planting of natural plant species that typically flourish along a creek. Other cross - sections will have rock banks on both sides or earthen, vegetated channel edges on both sides. In another section of the restored creek, the creek cross - section is designed with a creek bed made up of interlocking permeable pavement. Mo ''k Low Flow Channsl This section is designed for sediment aggregation and removal. Figure 6 provides an illustration of the sediment bay designed to deflect coarse sediments from the active stream channel into a hard surface containment area where they can accumulate outside the natural ��> ,�• .'',�r,�! ;�<. i turbulence of the channel where they will be evacuated by mechanical means as needed. Figure 5. Cross - section of the Upper Bee Branch Creek showing cobble creek bed and natural embankments. BEE BRANCH CREEK RESTORATION PROJECT ..>4V Figure 2. Lower and Upper portions of the Bee Branch Creek Restoration Project. Upper Bee Branch Creek Restoration Project (UBBC) The Upper Bee Branch Creek Restoration Project involves the day lighting of 2,300 feet of the natural Bee Branch Creek from Garfield Avenue to 24th Street (see Figure 4). In some locations, between 22nd and 24th Street, the creek will be reconstructed where it existed a century ago. But due to the highly urbanized nature of the Bee Branch watershed, the alignment will vary from its original location and the restored creek has been designed to accommodate the current hydrology. In order to accommodate the hydrologic conditions of the Bee Branch watershed, the width of the creek will vary between 15 and 25 -feet. With a baseflow of about 5 cfs, the water in the creek will be at least seven (7) inches deep. And the top of the creek bank will be roughly four feet high. Runoff from most rains will remain within the creek banks. Consistent with the hydrology of a natural creek, runoff from larger rains, up to the 100 -year design storm, will spill into the floodplain to be restored as part of the UBBC project. Currently, the seven square mile urban Bee Branch Watershed drains into a 2 -mile stretch of buried storm sewer that eventually discharges into the Mississippi River through the 16th Street Detention Basin. Pictured in Figure 1 is the storm sewer outlet near Sycamore Street. On May 16, 1999 many Dubuque citizens were waiting out a tornado warning in their basement when heavy rains produced a very personal disaster that shook their lives. As Dubuque resident Mike Hillard said in the May 20, 1999 edition of the Telegraph Herald, "it was evacuate the tornado shelter or drown. Our freezer was just bobbing." According to the newspaper, hundreds of basements were flooded. Furnaces, water heaters, washers and dryers, freezers, and even electrical boxes were damaged. In the same Telegraph Herald article, Washington Street resident Faith Kramer said, "As the water came up, we could hear everything banging around down there, and glass breaking." In 1999 and again in 2002 and 2004, heavy rains produced flood damage spurring Presidential Disaster Declarations. In each case, federal and state funds were expended for repairs. As it turns out, there is a long unfortunate history of flood damage associated with Bee Branch flooding. Past City leaders have tried to address the issue. Unfortunately, the solution they chose was to bury the creek. And so the flooding issues persist. Over the course of a hundred years, 1,150 properties have experienced tens of millions of dollars in damage and even fatalities. In 1998 the City of Dubuque initiated a study to look into the nature of the flooding problem and identify solutions. And in 2001 the Drainage Basin Master Plan (DBMP) was completed by HDR Engineering (Omaha, NE) which outlined the need to construct two upstream detention basins and replace the buried Bee Branch storm sewer with something that can convey more stormwater. The City had several choices ultimately deciding that in addition to addressing the flooding problem, the City would daylight the Bee Branch Creek and improve water quality. The Bee Branch Creek Restoration Project involves the daylighting of 4,500 feet of buried storm sewer and the recreation of an associated green floodplain. The Bee Branch Creek Restoration project will restore the Bee Branch Creek from a buried storm sewer, devoid of aquatic life and wildlife, into a creek capable of sustaining both aquatic life and wildlife. The lower reach, or Lower Bee Branch, consisted of the creation of a 2,300 -foot long, by 100 -foot wide, by 5 -foot deep permanent pool of water. Construction of the Lower Bee Branch Creek began in the fall of 2010 and is expected to be complete by the end of 2011. The upper reach, or Upper Bee Branch, will consist of the creation of a 2,200 -foot long segment with a 15 to 25 -foot wide creek through a 150 to 180 -foot wide floodplain corridor. Figure 2 below shows the location of both reaches of the project.