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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 08/19/2008 - SECOND READING OF ORDINANCE NO. 089, 2008 AMENDING ITEM NUMBER: 37 AGENDA ITEM SUMMARY DATE: August 19, 200a FORT COLLINS CITY COUNCIL STAFF: Jim Hibbard Bob Smith SUBJECT Second Reading of Ordinance No. 089, 2008 Amending Chapter 26 of the City Code to Reflect the Adoption of the Boxelder Creek Regional Stormwater Master Plan. RECOMMENDATION Staff recommends adoption of this Ordinance on Second Reading. EXECUTIVE SUMMARY Ordinance No. 089,2008, adopted on First Reading by a vote of 5-2 (nays: Poppaw,Roy),amends City Code to reflect the adoption of the Boxelder Creek Regional Stormwater Master Plan. The Master Plan contains $12.5 million in regional flood control projects which benefit the Town of Wellington, Larimer County, and the City of Fort Collins. These improvements will be funded by the participating agencies. ATTACHMENTS 1. Copy of First Reading Agenda Item Summary- July 15, 2008. (w/o original attachments) ATTACHMENT 1 ITEM NUMBER: 28 A-B AGENDA ITEM SUMMARY DATE: July 15, 2008 FORT COLLINS CITY COUNCIL .-,, S�AFF: Jim Hibbard Bob Smith SUBJECT Items Relating to the Boxelder Regional Stormwater Master Plan. RECOMMENDATION Staff recommends adoption of the Resolution and Ordinance on First Reading. The Natural Resources Advisory Board recommends approval of the Master Plan. The Water Board defeated a motion in favor of the Master Plan and intergovernmental agreement. FINANCIAL IMPACT The latest capital cost estimate e`reg a rmp vement -$12.5 million. A FEMA grant of $3 million reduces the costs to be shared by the Town of Wellington, Larimer County and the City of Fort Collins to $9.5 million. Fort Collins' share is about $1.9 million. This will not require an increase in Fort Collins stormwater rates nor significantly affect the 30-year stormwater program build out. EXECUTIVE SUMMARY A. Resolution 2008-068 Authorizing Execution of an Intergovernmental Agreement Establishing the Boxelder Basin Regional Stormwater Authority as a Separate Governmental Entity and Approving the Boxelder Creek Regional Stormwater Master Plan. B. First Reading of Ordin(eN 0onal A en 'n har 26 of the City Code to Reflect the Adoption of the Bo ter er Plan. As requested by City Council in 2004, City staff along with representatives from Larimer County, the Town of Wellington, and other agencies and interests, have prepared a proposed Boxelder Regional Stormwater Master Plan. The same group also studied options for implementation and is recommending a Regional Stormwater Authority. July 15, 2008 -2- Item No. 28 A-B Staff believes the proposed Boxelder Regional Stormwater Master Plan will be beneficial to the citizens of Fort Collins because it will protect the health, property, safety and welfare of the City; the ecological health of Boxelder Creek will be enhanced; pollution will be reduced; and is cost effective. t, It is to the City's advantage t Yartici a in oposedYO, nal authority because it makes already cost effective improvem .is more mi l.by sharsts; it avoids substantial public infrastructure costs for road crossings; it equitably shares the cost between participating agencies; it provides economic benefits by removing undeveloped lands with frontage along I-25 from the floodplain;and it provides the means to begin to solve stormwater problems in areas that will likely be in the City limits in the future. The interests of the City are protected by inclusion of language to ensure a holistic approach toward stormwater quality best management practices, stream stability, and habitat enhancement; by inclusion of an impact fee to equitably recover costs from properties when they develop; and by representation on the Authority Board to influence Authority direction. BACKGROUND PROPOSED BOXELDER IO ST TER PLAN In 2004,City Council adopted to er in aster pl or the Boxelder basin west of I-25. A master plan for the portion of a basin east of I-25 was not adopted because of the need to develop a regional approach with adjacent government agencies. The City of Fort Collins, Latimer County and the Town of Wellington, along with representatives from the Colorado Department of Transportation, private property owners, the Colorado Water Conservation Board, the Boxelder Sanitation District and two irrigation and reservoir companies formed a team known as the Boxelder Alliance to provide funding and direction for the development of the regional master plan. The Master Plan contains $12.5 million in regional flood control projects which benefit the Town of Wellington,Larimer County,and the City of Fort Collins. These improvements would be funded by the participating agencies. The characteristics of the Boxelder Basin, the history of the Basin, the potential for damages,and the proposed improvements are summarized in the attached Proposed 2006 Boxelder Creek StormwV/ OT Athment 1) Of particular interest to City Council may be the fa P o y reduces flows in the overflow area next to I-25; flood flowiCree outh of County Road 54 are not changed. July 15, 2008 -3- Item No. 28 A-B Intergovernmental Agreement for Stormwater Cooperation Stormwater Authority ~"�yy The proposed Intergovernmen Agreb nt(I ) t en articipating agencies would form an Authority to jointly fund, uild, o and p e the r ional stormwater facilities in the Boxelder Creek Basin. County public improvement districts, county local improvement districts, municipal special improvement districts,Title 32 special districts and a regional Stormwater authority were researched as various ways to fund the improvements. The selected option was a regional Stormwater Authority (Authority) supported by a monthly stormwater fee and a plant investment fee. A feasibility study was completed to determine each entity's appropriate share,the optimum level for the Authority's average fees and the timing of the improvements in the basin. Key provisions of the Intergovernmental Agreement to form the Authority are: • The service area of the Authority is those lands tributary or contributing runoff to Boxelder Creek. • The Authority would fund the design, construction and operation and maintenance of the regional stormwater imp em • The Authority would prim a i h , not another significant layer of government with multi a empl es. • Fort Collins would pay i e fr sti torn r.utility fees collected in the basin. • Wellington and Latimer County would enact new fees for their shares of the improvements. • The Authority would be governed by a five member Board of Directors. Each Member (County, Town and City) selects one Director. There are two unaffiliated Directors; one selected jointly by the County and Town, and one selected jointly by the County and City. At least one of these unaffiliated Directors shall not be employed by or be an elected official of any Member. Each Director has one vote. • The Authority can only be dissolved by unanimous vote of the Members, and only if all debts of the Authority have been paid or provided for. • The Authority would cooperate and collaborate to improve stormwater quality and protect and enhance Boxelder Creek. • An Authority Manager would be hired or the Authority would contract for services. The Manager would likely be employed on a part-time basis and could be an employee of one of the Members. • The IGA sets a range of g�m fee a lope roperties and plant investment fees for newly develo g prop ies ci . to by eAuthority. Once proposed by the Authority's board of di ctors, imo proval fr participating jurisdictions would be required to approve a�ng e r e of f The Directors have the authority to set the fees within the range set in the IGA. • Financial participation would be determined by each jurisdiction's developed area in the basin. As annexation and development occur over time, participation by the jurisdictions would change accordingly. Overall, it is estimated County properties would pay for July 15, 2008 -4- Item No. 28 A-B approximately 50%, Town of Wellington 30%, and the City of Fort Collins 20%. These numbers could change slightly if Timnath extends its GMA north of Mulberry Street. In order to estimate what each ' ' o ral h th gio 1 improvements would be, the following table showing the tent.and rojec ur tot r eeach jurisdiction was prepared. 5 Jurisdiction CurreC nL(/ol urrent. h GMA Area GMA Fort Collins 4,080 acres 12 % 6,198 acres 17.7 % Wellington 1,811 acres 5 % 2,131 acres* 6 % Timnath 1,685 acres** 4.8 % Larimer County 29,182 acres 83 % 25,079 acres 71.5 % * Estimate because Wellington's GMA is being developed at this time. ** Includes the recently proposed GMA expansion north of Mulberry Street.Assumes Timnath participation based on those lands tributary to Boxelder Creek north of Prospect Street per the proposed IGA between Timnath and the County. Larimer County and the Town of Wellington are scheduled to consider this item later in July,after City Council consideration. At this time staff does not have the exact dates for these discussions. City Council Work Session City Council discussed this ite at its 27, 0 orkNSen.' A summary of that discussion is included in Attachment 2. Council asked staff to recalculate the benefit/cost ratio using only benefits normally used by the City (i.e., excluding certain indirect benefits.) With the recently revised cost estimate of$12.5 million and using the City's standard method, the revised benefit to cost ratio for the entire basin is 1.48. Council asked staff to ensure the Authority would use a common holistic approach toward stormwater quality best management practices, stream stability, and habitat enhancement and protection. The IGA includes language such that the creek is protected and enhanced as the master plan is implemented. As feasible,projects will include the design of permanent natural habitat and other natural features. Specifically,items considered would include the enhancement and restoration of native vegetation, wildlife habitat, naturally meandering stream channel topography and other similar natural features. Specifically targeted are the lowest quality reaches of the stream, which will result in a more consistent stream from an ecological perspective. All improvements of the Authority will be designed util' ' g +es in g ces*so as to minimize the potential impacts to stream water quali 1 Council asked staff to ensure th ion d ' egrate ormwater master plan with trails and buffers along the creek corridor. The IGA provides that the Authority would cooperate and collaborate with other governmental entities and property owners, to incorporate and to encourage the design of improvements to provide for natural habitat preservation and restoration,preservation of view sheds and aesthetic values,transportation connections, such as trails, and to advance other compatible public purposes and uses. July 15, 2008 -5- Item No. 28 A-B Council asked staff to provide responses to comments by the Water Board, Natural Resources Advisory Board and Land Conservation and Stewardship Board. Responses not covered elsewhere in this Agenda Item Summary are covered in Attachment 3. Public Outreach The process of informing prope owr}er ocat i e basinVil, g the development of the master plan began in early 2005 and con 1 ues to ay. A NV of coimmunication tools such as customer mailings, web pages, press releases, media interviews, public and one-on-one meetings, open houses, and outreach to both internal and external groups were used. During the development of the master plan, the Alliance met on a monthly basis. These meetings were open to the public with many interested parties attending. Open houses were held and newsletters were mailed to properties located in the basin throughout the development of the master plan. Also,property owners and key entities did have a representative on the Alliance and were an integral part in the development of the master plan. A second phase of the outreach program is being initiated by Larimer County and the Town of Wellington regarding the formation of their stormwater utilities. City Boards and Commissions The Water Board discussed th' matter its A. it 0 an e 2008 meetings. Excerpts of the Water Board's meeting minu and/a etter o the Bo is included in this packet. (See Attachment 4) The Natural Res is A ry B d discu d this matter at its April and May 2007 meetings and passed a recommendation for adoption. A letter with the Natural Areas Advisory Board recommendation and excerpts of the Board's minutes are included in this packet. (See Attachment 5) The Planning and Zoning Board discussed this item at its May 2007 work session, expressing general support of the master plan. The Land Conservation and Stewardship Board discussed this item at its May 2008 meeting and an excerpt of those minutes is included in this packet. (See Attachment 6) ITEMS TO CONSIDER REGARDING THE REGIONAL AUTHORITY • Execution of an IGA would formalize cooperation between jurisdictions and ensure equitable participation. • To mitigate the flooding hazards on Boxelder Creek, it's more efficient to take a regional approach. • The IGA enables staff t nl to r 1 i on ompatible public purposes and uses such as, stonnwa quality atur a pr ion and enhancement, and trails. • Creation of an Author create or i ion sup rted by multiple jurisdictions that would be advantageous 1 app on ants. • The enactment of fees by the County and Wellington enables their financial participation in the improvements. The City of Fort Collins would not have to do it alone. • Currently the City's share is relatively small compared to the others. July 16, 2008 -6- Item No. 28 A-B • Boxelder Creek has a long history of flooding. The master planned improvements reduce flood damages on existing structures and removes the overtopping of roadways used by property owners and emergency response vehicles. • The master plan strives to achieve a balance between reducing flood damages and maintaining the natural ctt s B 1 e • There will be economi enefits r re i dev ed lands with frontage along I-25 from the floodplain. • After construction of the i provemen s, mam enance o the improvements will be shared. • For the area south of Prospect, Timnath has declined to participate in the regional improvements and is proceeding with the construction of its own improvements. Timnath has submitted a Conditional Letter of Map Revision(CLOMR)to the County for review and approval. The CLOMR is the first step in the federal process to ultimately revise the federally designated FEMA floodplain map in Timnath. • If Fort Collins chooses not to participate, the County plans to assign a FEMA-approved$3 million PDM grant for Phase 1 of the Boxelder improvements to Wellington. The County would then decline to participate in any future cooperative efforts in regard to stormwater on Boxelder Creek. If this happens, it is anticipated Wellington would do the same. This would result in the loss of partners for Fort Collins in regional stormwater cooperation both strategically and financially. • If the other jurisdictions decide to continue efforts on Boxelder Creek and the City chooses not to, then the City will lose its "place at the table"to participate in the discussions. l� 1 ATTACHMENTS L 1. Summary of Proposed Boxelder Creek Regional Stormwater Master Plan 2. Council May 27, 2008 Work Session Summary 3. Response to Board's and Commission's Comments and Questions 4. Water Board Letter and Minutes Excerpts 5. Natural Resources Advisory Board Letter and Minutes Excerpts 6. Land Conservation and Stewardship Board Minutes Excerpt 7. Powerpoint presentation. ORDINANCE NO. 089, 2008 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 26 OF THE CODE OF THE CITY OF FORT COLLINS TO REFLECT THE ADOPTION OF THE BOXELDER CREEK REGIONAL STORMWATER MASTER PLAN WHEREAS, Section 26-543 of the Code of the City of Fort Collins adopted by reference and declared a part of the City Code a master drainage plan for each of eleven areas of the city, for use as the basis for City storm drainage capital improvements planning and determinations related to storm drainage impacts and requirements for developments in the city; and WHEREAS, working with representatives from Latimer County and the Town of Wellington, City staff has developed a Regional Stormwater Master Plan to analyze and propose a plan of improvements to address stormwater in the Boxelder Creek storm drainage basin, which includes portions of Fort Collins, Fort Collins' growth management area, Wellington, the Wellington growth management area, and unincorporated Larimer County; and WHEREAS, Council has by its adoption of Resolution 2008-068, adopted the Boxelder Creek Regional Stormwater Master Plan and authorized an Intergovernmental Agreement ("IGA") to establish the Boxelder Basin Regional Stormwater Authority; and WHEREAS, in order to incorporate in the City Code the newly-adopted Master Plan, Council is with this Ordinance amending Section 26-543 to include a reference to the same, and is further ratifying its approval of the IGA. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. Section 26-543(a) of the City Code is amended to add a new subsection (14), as follows: Sec. 26-543. Master drainage plans. (a) Master drainage plans are hereby adopted by reference and declared to be a part of this Article for the following stormwater basins of the city: (1) McClellands Creek Master Drainage Plan Update, prepared by ICON Engineering, Inc., dated November 2000 and revised March 2003; (2) East Harmony Portion of McClellands Creek Master Drainage Plan Update, prepared by ICON Engineering, Inc., dated August 1999 and revised July 2001; (3) Foothills Basin, prepared by URS Corporation, Inc., dated April 2003; (4) Dry Creek Master Plan, prepared by URS Corporation, Inc., dated December 2002; (5) West Vine Master Plan, prepared by URS Corporation, Inc., dated November 2002; (6) Spring Creek Basin Master Drainage Plan, prepared by Anderson Consulting Engineers, Inc., dated June 2003; (7) Fossil Creek Drainage Basin Master Drainageway Planning Restudy, prepared by ICON Engineering, Inc., dated February 2003; (8) Old Town Basin Master Drainage Plan, prepared by Anderson Engineering Consultants, Inc., dated September 2003; (9) Fox Meadows Basin Drainage Master Plan Update, prepared by ICON Engineering, Inc., dated December 2002 and revised February 2003; (10) Mail Creek Master Plan, prepared by URS Corporation, Inc., dated April 2003; (11) Cache la Poudre River Master Drainageway Plan, prepared by Ayres Associates, Inc., dated August 2001; (12) Boxelder/Cooper Slough Basin, prepared by Anderson Consulting Engineers, Inc., dated December 2002 and revised November 2003; (13) Canal Importation Master Drainage Plan, prepared by Anderson Consulting Engineers, dated April 2001; and (14) Boxelder Creek Regional Stormwater Master Plan, prepared by PBS&J, Inc., dated October 2006. Section 2. The City Council's approval of the Intergovernmental Agreement for Stormwater Cooperation and Management, establishing the Boxelder Basin Regional Stormwater Authority, as set forth in Resolution 2008-068, and in any actions taken in accordance therewith, is hereby ratified. -2- Introduced and considered favorably on first reading and ordered published this 15th day of July, A.D. 2008, and to be presented for final passage on the 19th day of August, A.D. 2008. Mayor ATTEST: City Clerk Passed and adopted on final reading this 19th day of August, A.D. 2008. Mayor ATTEST: City Clerk -3-