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Bee Branch Creek Restoration Amendment Programmatic Agreement Copyright 2014 City of Dubuque Consent Items # 1. ITEM TITLE: Bee Branch Creek Restoration Project Amendment to Programmatic Agreement SUMMARY: City Manager recommending authorization for the City Manager to sign an amendment to the Programmatic Agreement among the U.S. Army Corp of Engineers, the Iowa Department of Natural Resources, the State Historic Preservation Officer, and the City of Dubuque in order for the City to proceed with the removal of the duplex at 321- 323 E. 22nd Street to make way for the Bee Branch Creek Restoration Project. RESOLUTION Authorizing the execution of an Amendment to the Programmatic Agreement with the Iowa Department of Natural Resources, the U.S. Army Corp of Engineers, and the State Historic Preservation Officer regarding the construction of the Bee Branch Creek Restoration Project SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s) ATTACHMENTS: Description Type Bee Branch Amendment to Programmatic Agreement- City Manager Memo MVM Memo Staff Memo Staff Memo Attachment Supporting Documentation Amendment Supporting Documentation Resolution Resolutions THE CITY OF Dubuque band DUB E riili'i Masterpiece on the Mississippi 2007•2012•2013 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Bee Branch Creek Restoration Project, Amendment to Programmatic Agreement (CIP #7201654) DATE: February 22, 2016 City Engineer Gus Psihoyos recommends City Council authorization for the City Manager to sign an amendment to the Programmatic Agreement among the U.S. Army Corp of Engineers, the Iowa Department of Natural Resources, the State Historic Preservation Officer, and the City of Dubuque in order for the City to proceed with the removal of the duplex at 321-323 E. 22nd Street to make way for the Bee Branch Creek Restoration Project. The City is using federal funding through the State Revolving Loan Program for the Project. The Project also must be permitted by the U.S. Army Corp of Engineers. For these reasons, the Project must meet the requirements of the Section 106 Process, the purpose of which is to ensure that no unnecessary harm comes to historic properties. Based on an intensive level architectural/historic survey, it was determined that the Bee Branch Creek Restoration Project adversely affects multiple historic properties. In order to mitigate these effects, the U.S. Army Corp of Engineers, the Iowa Department of Natural Resources, the State Historic Preservation Officer, and the City of Dubuque entered into a Programmatic Agreement. Per the terms of the Programmatic Agreement, the City must ensure that all historic architectural properties whose removal is not necessary for the project will be protected from both direct and indirect adverse effects produced by the Project. Two specific buildings were identified that could suffer damage due to ground vibration that would occur as a result of construction: 429 Rhomberg Avenue and 321-323 E. 22nd Street. 429 Rhomberg is located within 50 feet of the proposed Rhomberg Avenue bridge. In September of 2013, City staff approached the owners of the property to try and determine the stability of the building. Any structural issues could be exacerbated during construction of the Rhomberg Avenue Bridge. Through discussions with the property owner, City staff learned that there were issues with the brick mortar joints and the parapet. City staff also learned that the building was for sale. In November of 2013, the City Council approved the acquisition of 429 Rhomberg Avenue. In October of 2014, the City Council awarded the contract to stabilize 429 Rhomberg Avenue. The work included stabilization of the existing brick masonry through tuck- pointing of mortar joints, the filling of existing holes in the masonry, the replacement of deteriorated areas in the limestone foundation, the protection of existing windows, and the removal, salvaging, and storage of the metal cornice at the top of the parapet and the steel fire escapes and ladders at 429 Rhomberg Avenue for future building use. In the fall of 2014, the owners of 321-323 E. 22nd Street contacted the City asking if the City had any interest in acquiring the property. The construction of improvements is necessary on three sides of the property, improvements such as the proposed E. 22nd Street Bridge, the proposed creek and floodplain, modifications to the section of the Bee Branch storm sewer that is to remain under E 22nd Street and Elm Street, and the relocation of sanitary sewer along Elm Street. Upon inspection, the stability of the brick building was found to be questionable. Owning the building would eliminate the involvement of a third party and any tenants in the event that the building is negatively impacted due to construction activity. It would also allow the City more latitude to protect the building and deal with any impacts that might arise. In August of 2014, the City Council approved the acquisition of 321-323 E. 22nd Street. The construction contract for the Upper Bee Branch Creek Project calls for Portzen Construction to construct a temporary roadway for E. 22nd Street to route traffic around the footprint of the proposed E. 22nd Street Bridge and make allowances for the management of storm water during construction of the improvements, all the while maintaining a project site safe for workers and general citizens. Portzen Construction notified the City that they believe that the proposed construction staging in the vicinity of 321-323 E. 22nd Street poses a potentially severe safety concern. The issue relates to the installation of the proposed 24-inch diameter sanitary sewer and the orientation of the proposed temporary road. Of particular concern is the stormwater that rushes down E. 22nd Street, from curb to curb, from both the west and the east, into the Project work zone. In fact, the justification for the Project is in part to better manage this stormwater. The construction plans outline that the temporary road is to be constructed south of E. 22nd Street. As such, it will be subject to this flow of runoff. If the temporary road is north of E. 22nd Street, it would not be subject to the runoff from E. 22nd Street. Strand Engineering has revised the construction plans, relocating the temporary roadway to the north of E. 22nd Street and adjusting the alignment of the proposed sanitary sewer improvements to reduce the risks to construction workers and citizens traveling through the area. Unfortunately, both changes will require the removal of 321-323 E. 22nd Street. Because 321-323 E. 22nd Street is considered a contributing component of the East 22nd and Washington Street National Register District, its removal would be considered an adverse effect to the district. Therefore, Iowa Department of Natural Resources, in consultation with the State Historic Preservation Officer, determined that additional mitigation is appropriate. 2 An amendment to the Programmatic Agreement has been proposed that would allow the City to remove 321-323 E. 22nd Street. The amendment would take into account the fact that the City has acquired 429 Rhomberg Avenue, an architecturally significant building, and already taken steps to rehabilitate and stabilize the building. The amendment would require the City to try and find a developer to rehabilitate 429 Rhomberg Avenue within the next five years, while ensuring it remains eligible for state and federal historic tax credits. The City would make available its existing financial incentive programs. If the City is not successful in finding a developer, the City would remain responsible for the building and for these measures. Finally, the amendment would prevent the building from being demolished, if it ever was, until after May of 2025. I concur with the recommendation and respectfully request Mayor and City Council approval. Mic ael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager Gus Psihoyos, City Engineer Laura Carstens, Planning Services Manager Deron Muehring, Civil Engineer II 3 THE CTI'Y OF 1' iimp — — Dubuque DUBtri E !fli Masterpiece on the Mississippi zoo^,Nu.mi; TO: Michael C. Van Milligen, City Manager FROM: Gus Psihoyos, City Engineer DATE: February 22, 2016 SUBJECT: Bee Branch Creek Restoration Project, Amendment to Programmatic Agreement (CIP#7201654) INTRODUCTION The purpose of this memo is to present an amendment to the Programmatic Agreement (PA) among the U.S. Army Corp of Engineers (USACE), the Iowa Department of Natural Resources (IDNR), the State Historic Preservation Officer(SHPO), and the City of Dubuque which is necessary for the construction of the Bee Branch Creek Restoration Project (Project). City staff recommends amending the PA as proposed as a prerequisite for the removal of the duplex at 321-323 E. 22nd Street to make way for the Bee Branch Creek Restoration Project. BACKGROUND The City is using federal funding through the State Revolving Loan Program (SRF) for the Project. The Project also must be permitted by the USACE. For these reasons, the Project must meet the requirements of 36 CFR Part 800, Section 106 (Section 106 Process), the purpose of which is to ensure that no unnecessary harm comes to historic properties. Based on an intensive level architectural/historic survey, it was determined that the Bee Branch Creek Restoration Project adversely affects multiple historic properties. In order to mitigate these effects, the U.S. Army Corp of Engineers (USACE), the Iowa Department of Natural Resources (IDNR), the State Historic Preservation Officer (SHPO), and the City of Dubuque entered into a Programmatic Agreement. Per the terms of the Programmatic Agreement (PA), the City must "ensure that all historic architectural properties whose removal is not necessary for the project will be protected from both direct and indirect adverse effects produced by (the Project)." Two specific buildings were identified that could suffer damage due to ground vibration that would occur as a result of construction: 429 Rhomberg Avenue and 321-323 E. 22nd Sreet. 429 Rhomberg is located within 50 feet of the proposed Rhomberg Avenue bridge. In September of 2013 it was communicated to the Bee Branch engineering design team that there might be some structural issues with the vacant building. City staff approached the owners of the property to try and determine the stability of the building. Any structural issues could be exacerbated during construction of the Rhomberg Avenue Bridge. Through discussions with the property owner, City staff learned that there were issues with the brick mortar joints and the parapet. City staff also learned that the building was for sale. In November of 2013 the City Council adopted Resolution 327-13 approving the acquisition of 429 Rhomberg Avenue. In October of 2014, the City Council adopted Resolution 337-14 awarding the contract for the contract to stabilize 429 Rhomberg Avenue. The work included stabilization of the existing brick masonry through tuck-pointing of mortar joints, the filling of existing holes in the masonry, the replacement of deteriorated areas in the limestone foundation, the protection of existing windows, and the removal, salvaging, and storage of the metal cornice at the top of the parapet and the steel fire escapes and ladders at 429 Rhomberg Avenue for future building use. And in August of 2015 the City Council adopted Resolution 279-15 accepting the improvements in the final contract amount of $177,208.00. In the fall of 2014, the owners of 321-323 E. 22nd Street contacted the City asking if the City had any interest in acquiring the property. The construction of improvements is necessary on three sides of the property, improvements such as the proposed E. 22nd Street Bridge, the proposed creek and floodplain, modifications to the section of the Bee Branch storm sewer that is to remain under E 22nd Street and Elm Street, and the relocation of sanitary sewer along Elm Street. Upon inspection, the stability of the brick building was found to be questionable. Owning the building would eliminate the involvement of a third party (and any tenants) in the event that the building is negatively impacted due to construction activity. It would also allow the City more latitude to protect the building and deal with any impacts that might arise. In August of 2014, the City Council adopted Resolution 225-14 authorizing the acquisition of 321-323 E. 22nd Street. Per the terms of the Programmatic Agreement (PA) among the Iowa Department of Natural Resources, the State Historic Preservation Office, and the US Army Corp of Engineers, the City prepared a National-Register nomination level survey of the potentially eligible historic East 22nd and Washington Street National Register District (District) which includes 321-323 E. 22nd Street. The District was subsequently listed on the National Register of Historic Places. In of 2015, the City Council adopted Resolution 176-15 , awarding the construction contract for the Upper Bee Branch Creek - Channel, Streets, & Utilities project to Portzen Construction (Portzen). DISCUSSION The construction contract for the Upper Bee Branch Creek - Channel, Streets, & Utilities Project calls for Portzen to construction of a temporary roadway for E. 22nd Street to route traffic around the footprint of the proposed E. 22nd Street Bridge and make 2 allowances for the management of storm water during construction of the improvements all the while maintaining a project site safe for workers and general citizens. In their July 22, 2015 letter, Portzen notified the City that they believe that the proposed construction staging in the vicinity of 321-323 E. 22nd Street poses "a potentially severe safety concern." The issue relates to the installation of the proposed 24-inch diameter sanitary sewer and the orientation of the proposed temporary road. As it turned out, the existing sanitary sewer was found to be in a slightly different location than shown in the construction plans. The actual location calls into question the proposed staging plan outlined in the contract documents due to sewer's location relative to the existing Bee Branch storm sewer. Installing the sanitary sewer as proposed would require the removal of the Bee Branch storm sewer north of E. 24th Street earlier than planned and increase the time that stormwater runoff passing through the site must be directed under the proposed temporary roadway. Of particular concern is the stormwater that rushes down E. 22nd Street, from curb to curb, from both the west and the east, into the Project work zone. In fact, the justification for the Project is in part to better manage this stormwater. The construction plans outline that the temporary road is to be constructed south of E. 22nd Street. As such, it will be subject to this flow of runoff. If the temporary road is north of E. 22nd Street, it would not be subject to the runoff from E. 22nd Street. Having been made aware of the issue, the design engineer (Strand) re-evaluated their design and in their letter of August 13, 2015 agreed with Portzen that "constructing the temporary road on the north side of 22nd Street instead of the south side (as outlined in Strand's original design) would reduce safety risks to both construction workers and citizens traveling through the construction zone." As a result, Strand has revised the construction plans, relocating the temporary roadway to the north of E. 22nd Street and adjusting the alignment of the proposed sanitary sewer improvements. Unfortunately, both changes will require the removal of 321-323 E. 22nd Street. Because 321-323 E. 22nd Street is considered a contributing component of the East 22nd and Washington Street National Register District, its removal would be considered an adverse effect to the district. Therefore, IDNR in consultation with SHPO, determined that additional mitigation is appropriate. An amendment to the PA has been proposed that would allow the City to remove 321- 323 E. 22nd Street. The amendment would take into account the fact that the City has acquired 429 Rhomberg Avenue, an architecturally significant building all on its own and already taken steps to rehabilitate and stabilize the building. The amendment would require the City to try and find a developer to rehabilitate the building within the next five years, while ensuring it remains eligible for state and federal historic tax credits. The City would make available its existing financial incentive programs. Since 429 Rhomberg Avenue is located in the Greater Downtown Urban Renewal District, it is eligible for the following programs: 1. The Design Grant program that will cover up to $10,000 to offset the actual pre- development costs such as architectural and engineering fees, feasibility studies, 3 environmental assessments or other related soft costs incurred by Rehabilitation Loan Program participants; 2. The Financial Consultant Grant program that provides up to $15,000 for hiring a financial consultant to analyze the feasibility of projects for those that apply for the Rehabilitation Loan Program; 3. The Façade Grant program that provides for up to $10,000 to for façade rehabilitation; and 4. The Tax Increment Financing (TIF) program allows the property owner to take the TIF as a rebate of the new taxes over 10 years. The extent to which a developer can utilize these programs would depend on the developer's proposed use of the property. Finally, the amendment would prevent the building from being demolished until after May of 2025. RECOMMENDATION I recommend amending the Programmatic Agreement among the U.S. Army Corp of Engineers, the Iowa Department of Natural Resources, the State Historic Preservation Officer, and the City of Dubuque in order for the City to remove the building at 321-323 E. 22nd Street regarding the construction of the Bee Branch Creek Restoration Project. REQUESTED ACTION I respectfully request that the City Council adopt the attached resolution authorizing the City Manager to sign an amendment to the Programmatic Agreement among the U.S. Army Corp of Engineers, the Iowa Department of Natural Resources, the State Historic Preservation Officer, and the City of Dubuque in order for the City to proceed with the removal of 321-323 E. 22nd Street for the Bee Branch Creek Restoration Project. Prepared by Deron Muehring, Civil Engineer II Attach. cc: Barry Lindahl, City Attorney Teri Goodmann, Assistant City Manager Laura Carstens, Planning Services Manager Alvin Nash, Director of Housing & Community Development Deron Muehring, Civil Engineer II 4 NPS Fon 10-9003 ons Am/ova:No.7024-07S United States Department of the Interior National Park Service National Register of Historic Places Continuation Sheet Section number Additional Documentation Page 37 Washington Street and E.22nd Street Historic District Dubuque County.Iowa rC.; 1 , C [3 . 41ri III2 C 0 2245 rr rim .JELM 2237-4It : i ti _ A. ` 2227 +`" -- 2234-36 0 2219 II 2226 2/209 .. 2222 2201-03``�– a jam_ R/0 • j--., 14 alleyway . 2t15-17 ri r,..,,,7 -'�.r�+ , 301 1 305 1 + ~ CEJ 311 317 321 _ North ' ", ��,EAST 22ND , -.� J 3 1 2172 N 1 I`"7 ram, S j•` ", 00e3142162-64 3061 r. , i i1/4.• II 310 Li CC3 CC)l —_ 5--Th n Cr-7 ,--x? Figure 10: Photo vantage map (City of Dubuque, 2009, annotated) RESOLUTION NO. 52-16 AUTHORIZING THE EXECUTION OF AN AMENDMENT TO THE PROGRAMMATIC AGREEMENT WITH THE IOWA DEPARTMENT OF NATURAL RESOURCES, THE U.S. ARMY CORP OF ENGINEERS, AND THE STATE HISTORIC PRESERVATION OFFICER REGARDING THE CONSTRUCTION OF THE BEE BRANCH CREEK RESTORATION PROJECT Whereas, the City of Dubuque (hereinafter, City) has initiated the restoration of the Bee Branch Creek (hereinafter, Undertaking) as an open waterway rather than an enclosed storm sewer within the City of Dubuque, Dubuque County, Iowa; and Whereas, the City is using federal funding from the State Revolving Loan Program (hereinafter, SRF) authorized by the U.S. Environmental Protection Agency (hereinafter, EPA), and administered by the Iowa Department of Natural Resources (hereinafter, IDNR); and Whereas, the IDNR, in consultation with the Iowa State Historic Preservation Officer (hereinafter, SHPO), determined, _ pursuant to 36 C.F.R. 800.4(c), that the Undertaking will have an adverse effect on several properties and a district eligible for inclusion in the National Register of Historic Places; and Whereas, the SHPO, the City, the USACE, and the IDNR entered into a Programmatic Agreement (hereinafter, PA) on May 4, 2010 to take into account the effects upon historic properties, and establish that the PA shall govern the Undertaking and all of its parts until the PA expires or is terminated; and Whereas, the Undertaking now requires the removal of the 321/323 E. 22nd structure, a structure located within the National Register -listed Washington and E. 22nd Historic District; and Whereas, the removal of 321/323 E. 22nd constitutes an adverse impact to a historic property that necessitates mitigation; and Whereas, the City owns 429 Rhomberg Avenue, a corner, multistory, brick building of similar age and condition as 321-323 E. 22nd Street; and Whereas, 429 Rhomberg Avenue is individually eligible for listing on the National Register of Historic Places; and Whereas, the SHPO, the City, the USACE, and the IDNR agree that the rehabilitation of 429 Rhomberg Avenue to ensure eligibility for state and federal historic tax credits would be an equitable positive impact to the historic property; and Whereas, the SHPO, the City, the USACE, and the IDNR agree that amending the PA is appropriate to reflect the increased impact to the 321/323 E. 22nd structure, outline the rehabilitation of 429 Rhomberg Avenue, and establish the expiration date of the PA as May 5, 2025; and Whereas, it is in the interest of the City to proceed with the Undertaking in accordance with the terms outlined in the First Amendment to the PA. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The City Manager is hereby authorized to sign the First Amendment to the Programmatic Agreement in the draft form attached hereto. Passed, approved and adopted this 24th day of February, 2016. djK� (D. Buol, Mayor Attest: Kevin "S. Firnstahl, CMC, City Clerk Amendment Number -#Q1 To the PROGRAMMATIC AGREEMENT Among the U.S. ARMY CORPS OF ENGINEERS, IOWA DEPARTMENT OF NATURAL RESOURCES, IOWA STATE HISTORICAL PRESERVATION OFFICE, AND CITY OF DUBUQUE, DUBUQUE COUNTY, STATE OF IOWA Regarding THE CONSTRUCTION OF THE BEE BRANCH CREEK RESTORATION PROJECT, CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA (Agreement) WHEREAS, the Agreement was executed on May 4, 2010 and Appendix A was amended by consent of the signatories March 5, 2013; and WHEREAS, the impact of the proposed Bee Branch Creek Restoration project has changed in respect to the 321/323 E. 22nd structure, a structure listed within the National Register -listed Washington and E. 22nd Historic District; and WHEREAS, while previous anticipated adverse impacts to 321/323 E. 22nd included only vibrational impacts, due to project scope alteration, the 321/323 E. 22nd structure will be demolished; and WHEREAS, the signatories agree that the removal of 321/323 E. 22nd will not so adversely impact the Washington and E. 22nd Historic District as to make the District no longer eligible for listing on the National Register of Historic Places; and WHEREAS, the demolition of 321/323 E. 22nd constitutes an adverse impact to historic properties that requires appropriate mitigation; and WHEREAS, the City has investigated alternatives that would not require the demolition of 321/323 E. 22nd, but has found them impracticable due to engineering constraints and health and safety hazards; and WHEREAS, the City proposes to off -set the resulting adverse impact to historic structures with an equitable positive impact to another historic property, 429 Rhomberg; and Programmatic Agreement for the Dubuque Bee Branch Creek Restoration- Amendment A01— Page 1 WHEREAS, like 321/323 E. 22nd, 429 Rhomberg is a corner, multistory, brick building of similar age and condition, however, 429 Rhomberg is individually eligible for listing on the National Register; and WHEREAS, 429 Rhomberg is a property listed within the existing Washington Neighborhood Conservation District which strictly limits the conditions under which it would be allowed to be demolished; and WHEREAS, IDNR will send a copy of this executed amendment to the ACHP. NOW, THEREFORE, in accordance with Stipulation XI of the Agreement, the U.S. Army Corp of Engineers, the Iowa Department of Natural Resources, the Iowa State Historical Preservation Office, and the City of Dubuque, Dubuque County, State of Iowa agree to amend the Agreement as follows: and and 1. Amend Appendix A to reflect the increased impact to the 321/323 E. 22nd structure; 2. Add new Stipulation III. B (2) (g): g. The City shall take such actions to stabilize and secure 429 Rhomberg to a weatherproof condition that can be maintained until it can be fully developed and rehabilitated following construction of the Bee Branch Creek Restoration Project. The work shall be done in conformance with the Secretary of the Interior's Standards for Rehabilitation and includes: stabilization of existing brick masonry through tuckpointing of mortar joints, the filling of existing holes in the masonry, the replacement of the roof membrane system, the patching of deteriorated areas in the limestone foundation, the protection of existing windows, and the removal, salvaging, and storage of the metal cornice at the top of the parapet and the steel fire escapes and ladders at 429 Rhomberg Avenue for future building use. The City shall also provide financial incentives for developing and rehabilitating 429 Rhomberg in accordance with the Secretary of the Interior's Standards for Rehabilitation to ensure eligibility for state and federal historic tax credits. If a developer cannot be found to rehabilitate the 429 Rhomberg structure according to the Secretary of the Interior's Standards for Rehabilitation, the City will be responsible for these measures. This work shall be conducted within five (5) years of the execution of this Amendment. Any application for a demolition permit of the 429 Rhomberg structure received by the Dubuque Historic Preservation Commission during the time period this Agreement is in force shall be denied on the basis that the building has historical or architectural significance to the community. 3. Amend Stipulation XII B to read as follows: "The terms of this Agreement shall remain in -force for a period of fifteen years commencing at the date of its filing with the Council (5/4/2010). At the end of this period the IDNR shall review the necessity of this Agreement and determine Programmatic Agreement for the Dubuque Bee Branch Creek Restoration- Amendment A01— Page 2 whether it should be reissued or allowed to expire. If the Agreement requires reissuance, the IDNR shall consult with the SHPO in order to ensure compliance with the most current version of the federal regulations (36 CFR Part 800) implementing Sections 106 and 110(f) of the Act." DEPARTMENT OF NATURAL RESOURCES By: Chuck Gipp, Director Date: Programmatic Agreement for the Dubuque Bee Branch Creek Restoration- Amendment A01— Page 3 Amendment Number -#01 To the PROGRAMMATIC AGREEMENT Among the U.S. ARMY CORPS OF ENGINEERS, IOWA DEPARTMENT OF NATURAL RESOURCES, IOWA STATE HISTORICAL PRESERVATION OFFICE, AND CITY OF DUBUQUE, DUBUQUE COUNTY, STATE OF IOWA Regarding THE CONSTRUCTION OF THE BEE BRANCH CREEK RESTORATION PROJECT, CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA (Agreement) U.S. ARMY CORPS OF ENGINEERS, ROCK ISLAND DISTRICT ' By: e�,./' T e L. -en 2— Date: 7!, 10r/ )0/6 Ward Lenz, Rock Island District Regulatory Chief, U.S. Afmy Cors of Engineers Programmatic Agreement for the Dubuque Bee Branch Creek Restoration- Amendment 401— Page 4 IOWA STATE HISTORICAL PRESERVATION OFFICER By: s s • Date: 17MAR.16 Steve King, Deputy StateUistoric Preservation Officer Programmatic Agreement for the Dubuque Bee Branch Creek Restoration- Amendment A01 — Page 5 CITY OF DUBUQUE By: Date: Michael C. Van Milligen, City Manager Programmatic Agreement for the Dubuque Bee Branch Creek Restoration- Amendment A01— Page 6