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Date

October 12, 2009

 

Agenda Item No.        8

Roll Call No.               09-

Communication No.   09-720

Submitted by:  William G. Stowe, Assistant City Manager-Public Works Director, and

Jeb E. Brewer, P.E. City Engineer

 

 

AGENDA HEADING:

 

Approving Project Partnership Agreement between the City and the Department of the Army for Construction of the Des Moines and Raccoon Rivers Project.

 

 

SYNOPSIS:

 

Recommend approval of the Project Partnership Agreement (PPA) with the Department of the Army to proceed with Corps of Engineers construction of the Des Moines and Raccoon Rivers Project.  The agreement includes reconstruction of the levee in the Birdland Park area, associated wetland mitigation, improvements to closures in the downtown flood protection system and construction of a multipurpose trail from the Neal Smith Trail to Riverview and McHenry Park.  The PPA makes the City responsible for 35% of the flood damage reduction project costs and 50% of the recreation costs.  Funding provided to date, as well as eligible City costs, will be credited towards the City’s share.  The Central Place levee is not included in this agreement, but will be included in a separate PPA once the Federal authorization amount for the project has been increased. 

 

 

FISCAL IMPACT:

 

Amount:  $8,827,615 (Federal $5,668,734, City $3,158,881)

 

Funding Source:  The Federal share of $5,668,734 is provided by a combination of Appropriations and Stimulus funds through the U.S. Army Corps of Engineers.  The City share is divided into a flood reduction portion of $2,928,161 and a recreational portion of $230,720 for a total City share of $3,158,881.

 

The non-Federal cost share for the flood damage reduction costs is estimated to be $2,928,161.  This includes the following:  $887,100 for contributions to date, $1,165,231 for the property to be acquired and associated relocations, and $875,830 for cash contribution included in 2009-10 CIP, Flood Protection System Improvements, FLD008, Page Storm Water Improvements – 11.  A portion of City’s obligation for flood damage reduction costs is expected to be funded with the recently announced I-Jobs award.

 

The non-Federal cost share for the recreation costs is projected to be $230,720 in 2009-10 CIP, Recreation Trails, PKS045, Page Park Improvements – 22, GO Bonds. 

 

 

ADDITIONAL INFORMATION:

 

The PPA includes the responsibilities of the Corps of Engineers and the City for financial obligations and work related to the project. 

 

The Corps of Engineers defined project is $8,827,615 for the Birdland Park levee and downtown closure improvements.  The Central Place levee is not included in this agreement, but will be included in a separate PPA once the Federal authorization amount for the project has been increased.  The Federal funding required for Central Place and the necessary language to increase the authorization amount has been included in draft legislation for the FY10 Appropriations and is awaiting approval.

 

The PPA makes the City responsible for 35% of the flood damage reduction project costs and 50% of the recreation costs.  The flood damage reduction project costs include all work and expenses necessary to construct the levee and associated gatewell structures, pump station modification and closure structures to provide a 500-year level of flood protection, including any property required, design and construction costs, and wetland mitigation.  The recreation costs include construction of the multi-purpose recreation trail from the Neal Smith Trail to Kiwanis Nature Island (Riverview) and McHenry Park.

 

In accordance with the agreement, the City is responsible for acquiring all lands, easements, rights-of-way, and relocations required for the project.  In addition to land needed for the levee construction and flood control purposes, borrow material sites(s) for the levee construction must be obtained and utilities must be relocated.  These City costs are related to the levee and will be credited toward the required 35% of the flood damage reduction costs.  At this time, these costs are estimated since the Corps of Engineers has not identified final borrow material site(s), right-of-way and utility relocations.

 

The Corps of Engineers is in the process of evaluating potential material borrow sources for levee construction.  The current design includes a trail connection between the trail on the proposed levee and Oak Park Avenue through McHenry Park that complies with the Americans with Disabilities Act (ADA).  Constructing the trail connection would benefit the levee project by providing at least 30,000 cubic yards of material for levee construction.  The benefits and impacts of constructing the trail are being reviewed and discussed with the Park and Recreation Board.  A final decision on whether to construct the trail connection as part of this Corps of Engineer project is anticipated by the end of October 2009.

 

The Corps of Engineers is finalizing the plans and specifications for the Birdland Park levee project.  The current schedule is to bid the work in early 2010, for a spring construction start.  The Corps of Engineers is projecting the construction will take most of two construction seasons to complete.  Work will begin on the north end and proceed downstream.  The downtown closure work has not been scheduled yet.  The plans and specifications for the Central Place levee have been prepared and are awaiting legislation to proceed forward.  Assuming the legislation is in place by the end of 2009, construction of the Central Place levee should also begin later in 2010. 

 

To ensure the City will have the necessary properties for the Corps of Engineer’s construction project to proceed in 2010, Council is being asked to authorize acquisition of the necessary right-of-way and easements for the entire Des Moines and Raccoon Rivers Project.  Pending final legislation, a separate PPA will be presented to Council for the Central Place levees that will allow the City credit for the associated costs.

 

 

PREVIOUS COUNCIL ACTION(S):

 

Date:  July 27, 2009

 

Roll Call Number:  09-1395

 

Action:  Authorization to submit a grant application to I-Jobs for flood related improvements, repair and mitigation and other public improvements and approval of City of Des Moines matching fund commitment requirements.  (Council Communication No.  09-518)  Moved by Meyer to approve.  Motion Carried 7-0.

 

Date:  January 26, 2009

 

Roll Call Number:  09-070

 

Action:  Approving Amendment No. 1 to the Design Agreement with The Department of the Army for design of the Des Moines and Raccoon Rivers Project.  (Birdland and Central Place Levees)  (Council Communication No.  09-048) Moved by Vlassis to adopt.  Motion Carried 7-0.

 

Date:  October 27, 2008

 

Roll Call Number:  08-1856

 

Action:  Requesting Army Corps of Engineers to design a trail as part of the proposed Central Place Levee to provide trail connections from the Principal Riverwalk to the River Bend Neighborhood along the Des Moines River and payment of up to $50,000 to the Army Corps of Engineers.  (Council Communication No.  08-635)  Moved by Vlassis to approve.  Motion Carried 7-0.

 

Date:  August 11, 2008

 

Roll Call Number:  08-1468

 

Action:  Authorization to submit request and enter into an agreement with Corps of Engineers to advance funds up to $750,000 to complete design of Birdland and Central Place levees.  (Council Communication No.  08-480)  Moved by Mahaffey to adopt.  Motion Carried 6-1. Absent: Vlassis.

 

Date:  March 20, 2006

 

Roll Call Number:  06-497

 

Action:  Approving Design Agreement with U.S. Army Corp of Engineers for design of the Des Moines and Raccoon Rivers Project for Flood Protection, not to exceed $298,000.  (Council Communication No. 06-143)  Moved by Hensley to adopt. Motion Carried 5-2.  Nays:  Kiernan and Mahaffey.

 

Date:  July 9, 2001

 

Roll Call Number: 01-2160

 

Action:  Granting Right-of-Entry to the U.S. Army Corps of Engineers for survey and exploration of city property to determine adequacy of flood control system on Des Moines and Raccoon Rivers.(Council Communication No. 01-353).  Moved by Hensley to adopt. Motion Carried 6-1. Absent: Flagg.

Date:  September 13, 1999

 

Roll Call Number:  99-2748

 

Action:   Approving Agreement with Department of the Army for the Des Moines and Raccoon Rivers Feasibility Study. (Council Communication No. 99-404)  Moved by McPherson to adopt.  Motion Carried 7-0.

 

 

BOARD/COMMISSION ACTION(S):  NONE

 

 

ANTICIPATED ACTIONS AND FUTURE COMMITMENTS:

 

Enter into Project Partnership Agreement with the Corps of Engineers for the construction of the Central Place levee pending Federal authorization and setting fair market value for properties and easements to be acquired.

 

 

 

 

For more information on this and other agenda items, please call the City Clerk’s Office at 515-283-4209 or visit the Clerk’s Office on the second floor of City Hall, 400 Robert D. Ray Drive.  Council agendas are available to the public at the City Clerk’s Office on Thursday afternoon preceding Monday’s Council meeting.  Citizens can also request to receive meeting notices and agendas by email by calling the Clerk’s Office or sending their request via email to cityclerk@dmgov.org.