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State Revolving Fund (SRF) Sponsored Project Proposal SummaryMasterpiece on the Mississippi Dubuque bierd All-America City 1 2007 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: State Revolving Fund (SRF)- Sponsored Project Proposal Summary DATE: February 16, 2012 The Bee Branch Watershed covers approximately 6.5 square miles of the City of Dubuque and is almost fully developed. Following an intense thunderstorm in 1999, the City of Dubuque commissioned an engineering study and the development of the Drainage Basin Master Plan. In addition to identifying at -risk properties, the Drainage Basin Master Plan identified three major projects to provide flood control and water quality improvement: the Carter Road Detention Basin; the expansion and improvement of the 32nd Street Detention Basin; and the restoration of the Bee Branch Creek. The City has completed the first two projects, and the Bee Branch project is currently under construction. For the most part, these projects address stormwater management on a regional scale - after runoff has already been increased due to development. With the Bee Branch Watershed Green Infrastructure Project, the City of Dubuque proposes to take stormwater management a step further by managing it at the site, when rainfall hits the ground. The Bee Branch Watershed Green Infrastructure Project includes over six acres in permeable paver alleys and parking lots which will result in preventing almost 2,400 pounds of sediment and 750,000 cubic feet of runoff per year from entering the Mississippi River. Green Infrastructure is an approach to stormwater management that is cost - effective, sustainable, and environmentally - friendly. Green Infrastructure management approaches and technologies infiltrate, evapotranspire, capture and reuse stormwater to maintain or restore natural hydrology. At the largest scale, the preservation and restoration of natural landscape features (such as forests, floodplains and wetlands) are critical components of green stormwater infrastructure. On a smaller scale, green infrastructure practices include rain gardens, porous pavements, green roofs, infiltration planters, trees and tree boxes, and rainwater harvesting for non - potable uses such as toilet flushing and landscape irrigation. Through the Bee Branch Watershed Green Infrastructure Project, the City proposes to install permeable interlocking concrete pavement at 42 different locations in the Bee Branch Watershed. Approximately 40 locations will be green alleys for a total area of approximately 219,000 square feet at an estimated cost of $8.75 million. Two installations are proposed in parking lots over an area of approximately 49,000 square feet at an estimated cost of $663,000. When constructed, the 42 different locations will total approximately 268,000 square feet (6.2 acres) of pervious pavement for an estimated total cost of $9.42 million. The City proposes to implement the project over three years. To date, the City has converted four standard alleys to pervious, which is approximately 1% of all alleys in the Bee Branch Watershed. This percentage would increase to almost 20% upon completion of the Bee Branch Watershed Green Infrastructure Project. City Engineer Gus Psihoyos recommends City Council support to submit a proposal summary to the Iowa Department of Natural Resources for State Revolving Loan Fund Secondary Funding for the Bee Branch Watershed Green Infrastructure Project. 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 Gus Psihoyos, City Engineer 2 THE CITY OF Dui Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager FROM: Gus Psihoyos, City Engineer DATE: February 15, 2012 SUBJECT: State Revolving Fund (SRF)- Secondary Funding Proposal Summary Dubuque had All-America City ' 11' 2007 INTRODUCTION This memorandum is to request Council support to submit a proposal summary to the Iowa Department of Natural Resources for State Revolving Loan Fund Secondary Funding for the Bee Branch Watershed Green Infrastructure Project. Through the Bee Branch Watershed Green Infrastructure Project, the City proposes to install permeable interlocking concrete pavement at 42 different locations in the Bee Branch Watershed. When constructed, the 42 different locations will total approximately 268,000 square feet (6.2 acres) of pervious pavement for an estimated total cost of $9.42 million and result in approximately 2A00 pounds per year of total suspended solids (TSS) and 750,000 cubic feet of runoff going into the ground rather than the Mississippi River. BACKGROUND During the 2009 Iowa General Assembly session, legislation was passed to allow a new method for funding water quality protection. Senate File 339 amended the Iowa Code to add a new category of projects that can be financed with sewer revenues. This new category, called "water resource restoration," includes locally directed, watershed -based projects to address water quality impairments. Before this amendment, utility revenues could only be used for construction and improvements for the wastewater system itself. With the new legislation, wastewater utilities can also finance and pay for projects, within or outside the city limits, that cover best management practices for nonpoint source pollution control. DISCUSSION The Bee Branch Watershed covers approximately 6.5 square miles of the City of Dubuque and is almost fully developed. Following an intense thunderstorm in 1999, the City of Dubuque commissioned an engineering study and the development of the Drainage Basin Master Plan (DBMP). In addition to identifying at -risk properties, the DBMP identified three major projects to provide flood control and water quality improvement: the Carter Road Detention Basin; the expansion and improvement of the 32nd Street Detention Basin; and the restoration of the Bee Branch Creek. The City has completed the first two projects, and the Bee Branch project is currently under construction. For the most part, these projects address stormwater management on a regional scale - after runoff has already been increased due to development. With the Bee Branch Watershed Green Infrastructure Project, the City of Dubuque proposes to take stormwater management a step further by managing it at the site, when rainfall hits the ground. The Bee Branch Watershed Green Infrastructure Project includes over six acres in permeable paver alleys and parking lots which will result in preventing almost 2,400 pounds of sediment and 750,000 cubic feet of runoff per year from entering the Mississippi River. Green Infrastructure is an approach to stormwater management that is cost - effective, sustainable, and environmentally - friendly. Green Infrastructure management approaches and technologies infiltrate, evapotranspire, capture and reuse stormwater to maintain or restore natural hydrology. At the largest scale, the preservation and restoration of natural landscape features (such as forests, floodplains and wetlands) are critical components of green stormwater infrastructure. On a smaller scale, green infrastructure practices include rain gardens, porous pavements, green roofs, infiltration planters, trees and tree boxes, and rainwater harvesting for non - potable uses such as toilet flushing and landscape irrigation. Through the Bee Branch Watershed Green Infrastructure Project, the City proposes to install permeable interlocking concrete pavement at 42 different locations in the Bee Branch Watershed. Approximately 40 locations will be green alleys for a total area of approximately 219,000 square feet at an estimated cost of $8.75 million. Two installations are proposed in parking lots over an area of approximately 49,000 square feet at an estimated cost of $663 p00. When constructed, the 42 different locations will total approximately 268,000 square feet (6.2 acres) of pervious pavement for an estimated total cost of $9.42 million. The City proposes to implement the project over three years. To date, the City has converted four standard alleys to pervious, which is approximately 1% of all alleys in the Bee Branch Watershed. This percentage would increase to almost 20% upon completion of the Bee Branch Watershed Green Infrastructure Project. City staff estimates that approximately $35 million is necessary to convert all alleys to pervious surface. The greatest benefit of pervious pavement is that it allows water to go back into the ground - where it went prior to development. Although sometimes more costly than other Green Infrastructure practices, pervious pavement is typically the most efficient at removing pollutants from runoff because the pollutants are allowed to go back into the ground rather conveyed to another practice that requires regular maintenance to remove the collected pollutants. City of Dubuque staff used the computer models WinSLAMM and P8 to simulate the water quality benefit of the proposed Bee Branch Watershed Green Infrastructure Project. P8 was used to determine the expected pollutant loading and runoff volume, while WinSLAMM was used to determine the pollutant removal and volume abstraction percentages. WinSLAMM was chosen for the removal percentages because it includes a specific calculation routine for pervious pavement, and it is based on actual field observations, with minimal reliance on theoretical processes that have not been adequately documented or confirmed in the field. The models predict that the Bee Branch Watershed Green Infrastructure Project could reduce total suspended solids (TSS) loading to the Mississippi River by approximately 67% and runoff volume by approximately 50 %. When fully constructed, this project will result in approximately 2,400 pounds per year of TSS and 750,000 cubic feet of runoff going into the ground rather than the Mississippi River. The EPA Fact Sheet "Permeable Interlocking Concrete Pavement" supports these results by reporting a reduction in TSS of 67 -81 % and a 34 -66% reduction in runoff volume for designs with an underdrain. RECOMMENDATION I recommend that the City Council approve the attached resolution. City staff will discuss the proposal with DNR and IFA staff during a meeting on Tuesday, February 21, 2012. If approved, the resolution will also be presented to show the City Council's support for the Bee Branch Watershed Green Infrastructure Project. PROJECT COST - BUDGET IMPACT The City of Dubuque and the Iowa Housing Authority entered into a State Revolving Fund Loan agreement in the amount of $64,885,000 on August 18, 2010 to upgrade the City's wastewater treatment plant. Terms of the loan include a 3% annual interest rate and will be paid over 26 years with semi - annual interest payments due June 1 and December 1. Total interest payments over the loan period will be approximately $33,201,730.05. Of the $33,201,730.05 to be paid in interest, the City is requesting approximatley $9.4 million from the Iowa Department of Natural Resources and the Iowa Finance Authority. If awarded, this amount will significantly improve the City's ability to construct green alleys and will positively affect the City's budget. ACTION TO BE TAKEN I request the City Council to approve the attached resolution allowing the City to submit an application to the Iowa Department of Natural Resources for State Revolving Loan Fund Secondary Funding for the Bee Branch Watershed Green Infrastructure Project. Prepared by: cc: Todd Shoemaker, Environmental Engineer Barry Lindahl, City Attorney Teri Goodmann, Assistant City Manager Jenny Larson, Budget Director David Lyons, Project Manager - Smarter Sustainable Dubuque Todd Shoemaker, Environmental Engineer Deron Muehring, Civil Engineer RESOLUTION NO. 36 -12 APPROVING AN APPLICATION FOR STATE REVOLVING LOAN FUND SECONDARY FUNDING FOR THE BEE BRANCH WATERSHED GREEN INFRASTRUCTURE PROJECT Whereas, Iowa Code section 384.82 authorizes a city to carry out projects, borrow money, and issue revenue bonds and pledge orders to pay all or part of the cost of projects, which may include a qualified water resource restoration project, such revenue bonds and pledge orders to be payable solely and only out of the net revenues of the city utility, combined utility system, city enterprise, or combined city enterprise involved in the project; and Whereas, Iowa Code section 384.80(15) provides that a water resource restoration project means the acquisition of real property or improvements or other activity or undertaking that will assist in improving the quality of the water in the watershed where a city water or wastewater utility is located; and Whereas, Iowa Code section 384.84 provides that the governing body of a city water or wastewater utility may enter into an agreement with a qualified entity to use proceeds from revenue bonds for a water resource restoration project if the rate imposed is no greater than if there was not a water resource restoration project agreement; and Whereas, City intends to enter into an agreement pursuant to Iowa Code chapter 28E with the Dubuque Soil and Water Conservation District (District) to undertake water resource restoration project that have been approved for water quality improvements in the watershed where City's water or wastewater utility is located; and Whereas, City has prepared the Bee Branch Watershed Green Infrastructure Project described in Exhibit A attached hereto (the Project); and Whereas, City intends to submit an application to the Iowa Department of Natural Resources for State Revolving Loan Fund Secondary Funding for the Project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Project is hereby approved. Section 2. The City Manager is authorized and directed to submit an application to the Iowa Department of Natural Resources for State Revolving Loan Fund Secondary Funding for the Project. Passed, approved and adopted this 20th day of February , 2012. 021412ba1 Attest: fp, Ile. Kevin Firnstahl, City Clerk Rod/ D. Buol, Mayor F:\ USERS \tsteckle\Lindahl\ ResolutionsW pprovingSRFApplication _021412.doc 2 THE CITY OF Du13 Masterpiece on the Mississippi BEE BRANCH WATERSHED GREEN INFRASTRUCTURE SUMMARY r[P F PUUI' [I,FP SYCAMORE * STREET PURPOSE &BACKGROUND Through the Bee Branch Watershed Green Infrastructure Project, the City proposes to install permeable interlocking concrete pavement at 42 different locations in the Bee Branch Watershed. When constructed, the 42 different locations will total approximately 268,000 square feet (6.2 acres) of pervious pavement for an estimated total cost of $9.42 million and result in approximately 2,400 pounds per year of TSS and 750,000 cubic feet of runoff going into the ground rather than the Mississippi River. SUSTAINABLE DUBUQUE viable • livable • equitable SUSTAINABLE DUBUQUE Sustainability is defined by a community's ability to meet the environmental, economic, and social equity needs of today without reducing the ability of future generations to meet their needs. Since 2006, the Dubuque Mayor and City Council have identified becoming a more Sustainable City as one of theirtop priorities. To that end, our City continues to implement a community- defined sustainability plan. Sustainable Dubuque is a holistic approach to making our community sustainable. Our model involves a three -part approach that addresses: • Environmental and Ecological Integrity • Economic Prosperity • Social and Cultural Vibrancy ENVIRONMENTAL/ECOLOGICAL NTFGRITY 1'464 ,vabt[ ECONOMIC PROSPERITY SOCIAL/CUL I Li i4tl VIBRAM:1. Dubuque is a community Environmental Integrity that values Economic Prosperity Social /Cultural Vibranc Healthy Air: fresh, clean air, reduced greenhouse gas emissions and minimized health risks. Clean Water: water as the source of life a nd seeks to preserve and manage it in all forms. Regional Economy: a diversified regional economy with opportunities for new and green markets, jobs, products and services. Green Buildings: a productive and healthy built environment. Native Plants and Animals: biodiversity through the preservation, restoration and connection of nature and people. Smart Energy Use: energy conservation and expanded use of renewable energy as a means to save money and protect the environment. Healthy Local Foods: the benefits of wholesome food from local producers, distributors, farms, gardens and hunters. Resource Management: the benefits of reducing, reusing and recycling resources. Community Knowledge: education, empowerment and engagement to achieve economic prosperity, environmental integrity and social/cultural vibrancy. Community Design: the built environment of the past, present and future which contributes to its identity, heritage and sense of place. Reasonable Mobility: safe, reasonable and equitable choices to access live, work and play opportunities. One of the 11 Principles to the Dubuque Model identified by Dubuque citizens is Clean Water. Sustainable Dubuque is a community that values water as a source of life and seeks to preserve and manage it in all forms. The Bee Branch Watershed Green Infrastructure Project would offera significant and measurable improvement on water quality in the Bee Branch Creek and Mississippi River. STATE REVOLVING LOAN FUND SECONDARY FUNDING During the 2009 Iowa General Assembly session, legislation was passed to allow a new method for funding water quality protection. Senate File 339 amended the Iowa Code to add a new category of projects that can be financed with sewer revenues. This new category, called "water resource restoration," includes locally directed, watershed -based projects to address water quality impairments. Before this amendment, utility revenues could only be used for construction and improvements for the wastewater system itself. With the new legislation, wastewater utilities can also finance and pay for projects, within or outside the city limits, that cover best management practices for non point source pollution control. 3 EMPLOYMENT IMPACT The Bee Branch Green Infrastructure Project will not only improve water quality, but it will also create and preserve jobs. Following guidance by the US DOT, a project the size of the Bee Branch Green Infrastructure Project will create or preserve approximately 102 jobs over the three year project life. t� The City Manager will present a resolution to the City Council at their February 20, 2012 regular meeting. If approved as anticipated, a copy of the resolution will be attached to this document as ExhibitA for the • meting with Iowa DNR and IFA on February 22, 2012. . d • Creating a "linear park" along the open milli! waterway; PROPOSAL SUMMARY The Bee Branch Watershed covers approximately 6.5 square miles of the City of Dubuque and is almost fully developed. Following an intense thunderstorm in 2999, the City of Dubuque commissioned an engineering study and the development of the Drainage Basin Master Plan (DBMP). In addition to identifying at -risk properties, the DBMP identified three major projects to provide flood control and water quality improvement: the Carter Road Detention Basin; the expansion and improvement of the 32nd Street Detention Basin; and the restoration of the Bee Branch Creek. The City has completed the first two projects, and the Bee Branch Creek Restoration Project is currently under construction. For the most part, these projects address stormwater management on a regional scale — after runoff has already been increased due to development. With the Bee Branch Watershed Green Infrastructure Project, the City of Dubuque proposes to take stormwater management a step further by managing it at the site, when rainfall hits the ground. The Bee Branch Watershed Green Infrastructure Project includes over six acres in permeable paver alleys and parking lots which will result in preventing almost 2,400 pounds of sediment and 750,000 cubic feet of runoff per year from entering the Mississippi River. BEE BRANCH CREEK RESTORATION PROJECT BACKGROUND In May 1999, many Dubuque residents living in the 6.5- square mile Bee Branch Watershed (Figure 1) experienced heavy rains that resulted in significant basement flooding and costly furnace and foundation repairs. Unfortunately, that scenario repeated itself in 2002, 2004, zolo and 2011 as heavy rainfall overthe watershed caused flooding in more than 1,100 homes and businesses. Among the causes were the frequent and intense rainfall events, uncontrolled development from over 30 years ago, and an undersized storm sewer system. Therefore, the City initiated the Bee Branch Creek Restoration Project to replace almost one -mile of storm sewer with a creek and floodplain that resembles the one that traversed the area approximately 100 years ago. The design of the restored creek meanders through a 15 to 25 -foot wide flood management corridor. The location of the project will extend 4,50o feet from the 16th Street Detention Basin north to Comiskey Park at 24th and Elm Streets. This open waterway system will transition former industrial use to commercial land -use that is compatible in nature with the adjacent residential areas. The project was designed through a highly interactive citizen engagement process and includes many amenities that enhance the existing low income neighborhoods while providing a model to address stormwater management and water quality. RESTORATION PROJECT INCLUDES: Daylighting 4,500 feet of buried creek; Restoring creek and associated floodplain; • Lower Bee Branch overlook, floating bio- island, rain gardens and bioswales; Amphitheater adjacent to an elementary school to provide opportunities for outdoor education; 1 Recreation bike /hike trails that connect to the urban bike system and to the regional trails; and Planting of over 1,000 trees, neighborhood fruit orchards. and community garden space. 5 RESTORATION PROJECT BENEFIT • 1 Reduces flood risk for over 1,1oo homes and businesses; Integrates land management, historic preservation, natural preservation, and watershed management in an urban area; Creates a local amenity and tourist attraction through a community engagement process; and Supports 7 of ai City Sustainability Principles Figure 1. Bee Branch Watershed and location of the Bee Branch Restoration Project ioieBranc Basin \, Carter Road Detention Basin dole Branch Basin . i` 1 1 I -- Bee Branch Basin Asbi al it i `�`•. of �I LLi —_ - Sag Ile Creek Basin i�, 1 °f K@R \y \ \ i\ \ \ `,\ \ 32nd Street Detention Basin 11 `• \� iS '\ vs ' \ / I - -___, Hdlceest `____`�� Game —yi -•� \ t i -- - -- -- -- - -- \ \'a' N\c,4 1 { tit i5 \ ■ 1 l i� a \ 5.�,• l 59 �i' 1�3 \ rthFork Catfish Creek Basin 1l \' \`a \ \ ` iJ i / \ \ J t Bee Branch Creek Restoration Project Eagle Poin Et in Shiras Basin Roosevelt Basin Hamilton /St fart7�asii� I.____�_____ '\ _ .e. f Ice Harbor; . 111 .., / i it/ i1 !j `�rds cri ` \\ � dde Mdd le _EotkcC,afskr Efeek88sin _-_-___ ;�\ —• � r � ,Maus Paskrl asin i i �l Middle Fork Catfish Creek Basin'- 5 1 \ 6 \ b),°O/s I51 ll rt-,1 GREEN INFRASTRUCTURE Green Infrastructure is an approach to stormwater management that is cost - effective, sustainable, and environmentally friendly. Green Infrastructure management approaches and technologies infiltrate, evapotranspire, capture and reuse stormwater to maintain or restore natural hydrology. At the largest scale, the preservation and restoration of natural landscape features (such as forests, floodplains and wetlands) are critical components of green stormwater infrastructure. On a smaller scale, green infrastructure practices include rain gardens, porous pavements, green roofs, infiltration planters, trees and tree boxes, and rainwater harvesting for non - potable uses such as toilet flushing and landscape irrigation. Figure 2 shows a "green alley" constructed in Dubuque as part of a 2010 "pilot" project. Figure 2. Green alley pilot project in Dubuque. PERMEABLE INTERLOCKING PAVERS The Iowa Stormwater Manual differentiates porous pavement into three different types: pervious concrete pavement; porous asphalt pavement; and permeable interlocking concrete pavers (PICP). Atypical detail of PICP design is provided in Figure 3. Regardless of the material, the stormwater management principle is generally the same for each pavement: openings in the pavement surface allow rainfall and runoff to be quickly transferred below the pavement into rapidly infiltrating soils or into a rock storage bed. The rock storage bed then acts as an "underground pond" that holds water and allows it to infiltrate back into the ground. Figure 3. Typical detail of a permeable interlocking concrete pavement (PICP) 2' (TYP) VARES SEE NOTE 1 1% MN) - LT' 11 Nlr VARIES (12' MIN,) PERMEABLE CONCRE -E BLOCK PAVERS (3 116" DEPTH) VARIES (M1141 70 _T A !WOO I tr 2' (TYP) VARIES SEE NOTE 1 GEOTECHNICAL FABRIC R.C.C. CONCRETE COLLAR FOR PERMEABLE BLOCK PAVERS (SFF NOTE 1) ' OF ASTM NO. 57 STONE (BASE COURSE) — 12" OF ASTM NO. 2 STONE (SUBBASE COURSE) SUBGRADE (SLOPE 1% TO CENTER) 6 " DIA. D4AIN TILE \– 2 OF ASTM NO. 8 STONE (W! 34,' CLEAN STONE) (BEDDING COURSE) ALTERNATE 1; PERMEABLE BLOCK PAVEMENT PROPOSED TYPICAL SECTION - ALLEY LOCATION 15 TH - 1E TH STA: 20 +82 TO STA: 23 +44 NOTE; 1. CONCRETE COLLARS SHOULD HAVE A MINIMUM SLOPE OF 0.5% CONCRETE COLLAR SHALL MATCH EXISTING ELEVATION AT R.D.W. 7 GREEN ALLEY PROJECT 8 LOCATION, SCHEDULE AND COST Through the Bee Branch Watershed Green Infrastructure Project, the City proposes to install permeable interlocking concrete pavement at 42 different locations in the Bee Branch Watershed. Approximately 40 will be green alleys for a total area of approximately 219,000 square feet at an estimated cost of $8.75 million. Two installations are proposed in parking lots over an area of approximately 49,000 square feet at an estimated cost of $663,000. When constructed, the 42 different locations will total approximately 268,000 square feet (6.2 acres) of pervious pavement for an estimated total cost of $9.42 million. The City proposes to implement the project over three years. Table 1 outlines the annual schedule and budget for constructing alleys and /or parking lots in 2012, 2013, and 2014. Table i. Summary of proposed schedule and budget Year Surface Area (sq ft) Cost 2012 Alleys Parking Lots 69,776 0 $2,891,300 $0 2013 Alleys Parking Lots 2014 Alleys Parking Lots 87,376 49,315 61,440 0 $3,316,400 $663,213 $2,545,882 $0 TOTAL 267,907 $9,416,795 To date, the City has converted four standard alleys to pervious, which is approximately 1% of all alleys in the Bee Branch Watershed. This percentage would increase to almost z0% upon completion of the Bee Branch Watershed Green Infrastructure Project. City staff estimate that approximately $35 million is necessary to convert all alleys to pervious surface. WATER QUALITY BENEFITS The greatest benefit of pervious pavement is that it allows water to go back into the ground — where it went prior to development. Althoug h sometimes more costly than other Green Infrastructure practices, pervious pavement is typically the most efficient at removing pollutants from runoff because the pollutants are allowed to go back into the ground rather conveyed to another practice that requires regular maintenance to remove the collected pollutants. City of Dubuque staff used the computer models WinSLAMM and P8 to simulate the water quality benefit of the proposed Bee Branch Watershed Green Infrastructure Project. P8 was used to determine the expected pollutant loading and runoff volume, while WinSLAMM was used to determine the pollutant removal and volume abstraction percentages. WinSLAMM was chosen for the removal percentages because it includes a specific calculation routine for pervious pavement, and it is based on actual field observations, with minimal reliance on theoretical processes that have not been adequately documented or confirmed in the field. The models predict that the Bee Branch Watershed Green Infrastructure Project could reduce total suspended solids (TSS) loading to the Mississippi River by approximately 67% and runoff volume by approximately 50%. When fully constructed, this project will result in approximately 2,400 pounds per year of TSS and 750,000 cubic feet of runoff going into the ground rather than the Mississippi River. The EPA Fact Sheet "Permeable Interlocking Concrete Pavement "supports these results by reporting a reduction in TSS of 67 -81% and a 34 -66% reduction in runoff volume for designs with an underdrain. 9 EXISTING STATE REVOLVING FUND LOAN 10 The City of Dubuque and the Iowa Housing Authority entered into a State Revolving Fund Loan agreement in the amount of $64,885,000 on August i8, 2010 to upgrade the City's wastewater treatment plant. Terms of the loan include a one -time i% initiation fee of $648,850, 3% annual interest rate, and a o.25% annual administration fee. The administration fee is based on the requested loan amount until disbursements are finalized and then the administration fee is assessed against the outstanding balance as of June 1 each year. The loan will be paid over 26 years with semi - annual interest payments due June 1 and December 1, and an annual principal payment due June 1. Principal payments begin June 1 after the final loan distribution. It is estimated that the first principal payment will be made June 1, 2014. Semi - annual interest payments will be made during the construction period. A summary of the loan terms is provided in Table 2. As of February 10, 2012, the City has received $38,043,784 in loan disbursements, including the roll in of $95,500 from the Plant Study Loan and $3,200,000 from the Planning and Design Loan. Total disbursements plus loan initiation fee equals $38,692,634. Total interest paid is $1,368,750 and is listed in Table 3. Per the DNR guidance document for sponsored project applications, the City proposes that the August 2010 SRF loan and related loan application be amended to allow the City to use a portion of the interest to pay costs of the Bee Branch Watershed Green Infrastructure Project (Project). The City expects to enter into a separate construction contract for the Project and to request Project - related disbursements at the same time it makes requests for disbursements for Wastewater Treatment Plant costs under the existing loan. Figure 4. Aerial view of wastewater treatment plant prior to construction. Table 2. Loan summary Loan Closing Date August 18, 2010 Final Maturity Date June 1, 2039 Loan Period in Years 26 Total Loan Amount Requested $64,885,000.00 Less: 1% Initiation Fee $648,850.00 Net Proceeds to Borrower $64,236,150.00 Annual Interest Rate 3.00% Total Interest $33,201,730.05 Servicing Fee Rate 0.25% Total Servicing Fees $2,965,015.00 Total Loan Costs $36,815,595.05 Table 3. Total interest paid on loan as of February 10, 2012. Date Initiation Annual Administration Fee Semi - Annual Interest Total 8/18/2010 $648,850.00 12/1/2010 6/1/2011 12/1/2011 $648,850.00 $37,307.00 $37,307.00 $162,213.00 $158,993.00 $321,206.00 $361,387.00 $361,387.00 TOTAL $648,850.00 $162,213.00 $557,687.00 $1,368,750.00 EXISTING 28E AGREEMENT The adoption of Iowa Code Chapter 28E in 1965 provided political subdivisions with a great expansion of their authority for intergovernmental cooperation. The essence of this legislation was to permit any governmental agency to undertake any activity jointly with any other agency so long as each agency has the power to undertake that particular activity on its own. As an example, since cities, townships, counties, and schools can establish libraries, it became possible for a library to be a joint undertaking by a combination of these types of local governments. The City of Dubuque and Dubuque County currently have a "28E agreement" in place for an urban conservation program. The agreement created an urban conservationist position to perform urban conservation and watershed related activities pertinent to Dubuque County, the City of Dubuque, and the Dubuque Soil & Water Conservation District. Among others, the Urban Conservationist responsibilities include: • Participating in any educational /outreach programs in accordance with the City's NPDES permit and stormwater/ watershed program. • Providing technical assistance for any urban conservation activities, including, in -field assessment, design, and public/ private projects. • Continuing a strong connection with the City's sustainability efforts, building upon needs and necessary improvements. The City is in the process of creating a new 28E agreement for the SRF sponsored project option. A draft of the new 28E agreement is attached as Exhibit B. .!m FOR MORE INFORMATION: Lead point of contact for the City of Dubuque: Assisting with the project, all communications should copy: Teri Goodmann Assistant City Manager City of Dubuque 50 West 13th Street Dubuque, Iowa 52001 tgoodman @cityofdubuque.org 563- 589 -4110 David Lyons Smarter Sustainable Dubuque Project Manager dlyons @cityofdubuque.org 563- 564 -1232 SUSTAINAB u i u • u I) WWW.CITYOFDUBUQUE.ORG /BEEBRANCH 11 RESOLUTION NO. -12 APPROVING AN APPLICATION FOR STATE REVOLVING LOAN FUND SECONDARY FUNDING FOR THE BEE BRANCH WATERSHED GREEN INFRASTRUCTURE PROJECT Whereas, Iowa Code section 384.82 authorizes a city to carry out projects, borrow money, and issue revenue bonds and pledge orders to pay all or part of the cost of projects, which may include a qualified water resource restoration project, such revenue bonds and pledge orders to be payable solely and only out of the net revenues of the city utility, combined utility system, city enterprise, or combined city enterprise involved in the project; and Whereas, Iowa Code section 384.80(15) provides that a water resource restoration project means the acquisition of real property or improvements or other activity or undertaking that will assist in improving the quality of the water in the watershed where a city water or wastewater utility is located; and Whereas, Iowa Code section 384.84 provides that the governing body of a city water or wastewater utility may enter into an agreement with a qualified entity to use proceeds from revenue bonds for a water resource restoration project if the rate imposed is no greater than if there was not a water resource restoration project agreement; and Whereas, City intends to enter into an agreement pursuant to Iowa Code chapter 28E with the Dubuque Soil and Water Conservation District (District) to undertake water resource restoration project that have been approved for water quality improvements in the watershed where City's water or wastewater utility is located; and Whereas, City has prepared the Bee Branch Watershed Green Infrastructure Project described in Exhibit A attached hereto (the Project); and Whereas, City intends to submit an application to the Iowa Department of Natural Resources for State Revolving Loan Fund Secondary Funding for the Project. 021412bat NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Project is hereby approved. Section 2. The City Manager is authorized and directed to submit an application to the Iowa Department of Natural Resources for State Revolving Loan Fund Secondary Funding for the Project. Passed, approved and adopted this day of 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk F:\ USERS\ isteckle \Lindahl \Resolutions\ApprovingSR FApplication_021412.doc 2 Prepared by: Barry A. Lindahl, Suite 330, 300 Main Street, Dubuque, IA 52001 (563) 583 -4113 Return to: Barry A. Lindahl, Suite 330, 300 Main Street, Dubuque, IA 52001 28E AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND DUBUQUE SOIL AND WATER CONSERVATION DISTRICT FOR WATER RESOURCE RESTORATION PROJECTS This Agreement, dated for reference purposes the day of , 2012, is made and entered into by and between the City of Dubuque, Iowa (City) and Dubuque Soil and Water Conservation District (District). Whereas, Iowa Code section 384.82 authorizes a city to carry out projects, borrow money, and issue revenue bonds and pledge orders to pay all or part of the cost of projects, which may include a qualified water resource restoration project, such revenue bonds and pledge orders to be payable solely and only out of the net revenues of the city utility, combined utility system, city enterprise, or combined city enterprise involved in the project; and Whereas, Iowa Code section 384.80(15) provides that a water resource restoration project means the acquisition of real property or improvements or other activity or undertaking that will assist in improving the quality of the water in the watershed where a city water or wastewater utility is located; and Whereas, Iowa Code section 384.84 provides that the governing body of a city water or wastewater utility may enter into an agreement with a qualified entity to use proceeds from revenue bonds for a water resource restoration project if the rate imposed is no greater than if there was not a water resource restoration project agreement; and 021412bat Whereas, City and District are qualified entities to enter into an agreement pursuant to Iowa Code chapter 28E to undertake water resource restoration project that have been approved for water quality improvements in the watershed where City's water or wastewater utility is located; and Whereas, City and District desire to enter into this Agreement pursuant to Iowa Code Chapter 28E for the purpose of carrying out water resource restoration projects in the watershed where City's city water and wastewater utilities are located. NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS: SECTION 1. IDENTITY OF THE PARTIES. 1.1 The City of Dubuque (City) is a municipality of the State of Iowa, organized and operating pursuant to Iowa Code Chapter 364. Its address is 50 West 13th Street, Dubuque, Iowa 52001. 1.2 The Dubuque Soil and Water Conservation District (District) is a soil and water conservation district established pursuant to Iowa Code section 161A5(1). Its address is 350 East 3rd Street, Dubuque, IA 52001. SECTION 2. PURPOSE. 2.1 The purpose of this Agreement is to provide for the manner in which the parties shall cooperate with one another to successfully complete the water resource restoration projects (the Projects), including but not limited to the following: 1) Riparian buffer acquisition, enhancement, expansion, or restoration. 2) Conservation easements. 3) Riparian zone or wetland buffer extension or restoration. 4) Wetland restoration in conjunction with an adjoining high - quality water resource. 5) Stream bank stabilization and natural channel design techniques. 6) In- stream habitat enhancements and dam removals. SECTION 3. NO SEPARATE ENTITY CREATED. 3.1 No separate legal or administrative entity shall be created by this Agreement. 3.2 A joint board of the parties known as the Watershed Water Resource Restoration (the Board) shall be responsible for coordinating the Projects. The joint board shall comprise City's Mayor and City Manager and District's Urban Conservationist. 021412ba1 3.3 The Board shall meet from time to time during the term of this Agreement but not less than quarterly to review the Projects. SECTION 4. DURATION. This Agreement shall be in effect perpetually until terminated pursuant to Section 10. SECTION 5. POWERS AND DUTIES 5.1 The parties to this Agreement shall retain all powers and duties conferred by law and shall assist each other in the exercise of such powers and the performance of this Agreement. 5.2 City shall be responsible for: 1) Identifying opportunities for funding and in -kind support for the undertaking of water quality and water improvement projects within the watershed; 2) Identifying opportunities for infrastructure development and planning capable of improving water quality in the watershed; 3) Providing support for the administration of any projects, including technical, financial and clerical; 4) Securing such financing, including grants, loans and the issuance of bonds or loan agreements, as City determines to be necessary or desirable to achieve the objectives of the agreement; 5) Coordinating with the wastewater utility; 6) Designing and bidding of projects; 7) Administering contracts; and 8) Observing construction. 5.3 District shall be responsible for: 1) Identifying water quality impairments within the watershed; 2) Identifying water quality improvement opportunities within the watershed; 3) Identifying best management practices for water quality and water improvement most likely to be effective within the District; 4) Participating in any educational /outreach programs in accordance with the City's NPDES permit and stormwater /watershed program; and 5) Continuing a strong connection with the City's sustainability efforts, building upon needs and necessary improvements. SECTION 6. MANNER OF FINANCING. The Board may solicit, accept and receive donations, endowments, gifts, grants, reimbursements and other such funds as necessary to support work pursuant to this Agreement. 3 SECTION 7. ENTIRE AGREEMENT. 7.1 This Agreement contains the entire agreement and integrates all of the terms and conditions contained in and incidental to such agreement and supersedes all prior negotiations and communications concerning this Agreement, oral or written, between the parties, their agents, employees and representatives. No modifications or waiver of any provision in this Agreement shall be valid unless in writing and signed by all of the parties. If, for any reason, any provisions of this Agreement shall be inoperative, the validity and affect of the other provisions shall not be affected thereby. 7.2 If any provisions of this Agreement is found to be invalid by any court, administrative agency, or tribunal of competent jurisdiction, the invalidity of any such provision shall not affect the validity of the remaining provisions hereof. 7.3 This Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and assigns. The parties agree that neither City nor District shall have the right to assign their rights and obligations hereunder to any party without prior written consent of the other party, which consent shall not be unreasonably withheld. SECTION 8. GOVERNING LAW. This Agreement shall be governed by and interpreted under the laws of the State of Iowa. SECTION 9. AMENDMENTS. This Agreement may be amended at any time by the parties. All amendments shall be in writing, signed by both parties, and filed in an electronic format with the Iowa Secretary of State as required by Iowa Code section 28E.8. SECTION 10. TERMINATION. This Agreement shall terminate upon mutual agreement of the parties. SECTION 11. EFFECTIVE DATE. This Agreement shall take effect upon execution by the parties as required by law, filing with the secretary of state and recording with the county recorder. SECTION 12. DISPUTE RESOLUTION. Any dispute between the parties arising out of or within the scope of the interpretation, construction or application of this Agreement shall, prior to the commencement of any formal legal proceedings, be submitted to arbitration. Either party may submit to the other a written request for arbitration. Within ten days after the date of such request, City and District shall each select one arbitrator and notify the other party of the name and address of such arbitrator. The arbitrators so selected shall within ten days after being notified of their selection, select a third arbitrator and after doing so, shall notify City and District in writing forthwith of the name and address of the third arbitrator. The arbitration proceedings shall be governed by Iowa Code Chapter 679A. 4 CITY OF DUBUQUE, IOWA DUBUQUE SOIL AND WATER CONSERVATION DISTRICT By: By: Roy D. Buol, Mayor Melvin Wilgenbusch, Chairman By: Kevin S. Firnstahl City Clerk STATE OF IOWA ) COUNTY OF DUBUQUE ) ss: On this day of 2012, before me, a Notary Public in and for the State of Iowa, personally appeared Roy D. Buol and Kevin S. Firnstahl, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and Acting City Clerk, respectively, of the City of Dubuque, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the city, and that the instrument was signed and sealed on behalf of the city, by authority of its City Council, approved by the City Council of the City of Dubuque, Iowa, on the day of 2011, and that they acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public in and for State of Iowa STATE OF IOWA ) COUNTY OF DUBUQUE ) ss: This instrument was acknowledged before me on the day of 2012 by Melvin Wilgenbusch as Chairperson of the Dubuque Soil and Water Conservation District. Notary Public in and for State of Iowa 5