HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 01/17/2006 - ITEMS RELATING TO THE DRY CREEK DRAINAGE IMPROVEME ITEM NUMBER: 10 A-B
AGENDA ITEM SUMMARY DATE: January 17, 2006
FORT COLLINS CITY COUNCIL STAFF: Jim Hibbard
Dean Saye
Terri Bryant
SUBJECT
Items Relating to the Dry Creek Drainage Improvements Project.
RECOMMENDATION
Staff recommends adoption of the Ordinances on the First Reading.
FINANCIAL IMPACT
Approval of these ordinances will result in an annual expenditure of$25,000, which is budgeted
and available in the Storm Drainage Fund.
EXECUTIVE SUMMARY
A. First Reading of Ordinance No. 008, 2006, Authorizing the Dry Creek Drainage
Improvements Project Master Agreement with Windsor Reservoir and Canal Company,
Larimer and Weld Irrigation Company, Larimer and Weld Reservoir Company, and
Water Supply and Storage Company, and Authorizing Conveyance of Certain Real
Property Interests in Connection Therewith.
B. First Reading of Ordinance No. 009, 2006, Authorizing Transfer of Existing
Appropriations from the Canal Importation Basin Project to the Dry Creek Basin Project
Within the Storm Drainage Fund.
This transfer would fund the replacement of the existing Dry Creek culvert under the Burlington
Northern - Santa Fe Railway with new bridges.
BACKGROUND
The Dry Creek Flood Control Project was originally estimated to be a $16 million dollar flood
control project with joint funding from Latimer County and the City of Fort Collins. Prior to
2005, Larimer County determined that it was unable to participate. Because of the potential for
damage and loss of life that would result from a flood event in the Dry Creek Basin, Utilities'
January 17, 2006 -2- Item No. 10 A-B
staff re-evaluated the project and developed an alternative that could provide most of the benefit
of the original project for a revised budget of about $9 million. Many aspects of the revised
project involve activities in and around the facilities of a number of irrigation and reservoir
companies. These include modifications to the Douglas Lake spillway, construction of spillway
structures in the Larimer County Canal and the Larimer and Weld Canal, installation of a control
system on the Larimer and Weld Canal head gates, and construction of open channels to carry
stormwater flows from the Larimer and Weld Canal to the existing Dry Creek Channel near
Timberline and Mulberry. The proposed agreement sets forth the rights and responsibilities of
the City regarding these facilities. In exchange for granting these rights to the City, the
Irrigation Companies receive improved flood protection for their facilities, City participation in
irrigation facility upgrades, an irrigation water pipeline from Reservoir No. 4 to Terry Lake, and
compensation for additional operation and maintenance costs. A copy of the proposed
agreement, dated January 13, 2006, is on file in the City Clerk's office for review.
The second item is a transfer of existing appropriations. Due to unanticipated expenses on
several components of the project, it now appears that project funding will be about $750,000
short. In order to compensate for this shortfall, the proposed Burlington Northern — Santa Fe
Railway bridges could be deleted from the project and built at a later date. However, extensive
negotiations for the Railway's construction of the bridges are nearly complete and the Railway is
available to commence construction in the spring of 2006. Because the City is in a better
position to deal with the Railway with regard to insurance, liability, and on-going maintenance
issues, construction of the bridges by others is unlikely. For these reasons, staff would like to
proceed with construction of the bridges at this time, using cost savings from a previous
stormwater project in the Canal Importation Basin. The new bridges would align with the new
box culverts installed under East Vine Drive as a part of the Dry Creek Drainage
Improvements/East Vine Drive Street Repaving Project. The location of the proposed bridges is
shown on Attachment A.
The Sheldon Lake Drainage Improvement Project was completed substantially under budget due
to the use of an alternative product delivery system, successful value engineering, and
partnerships with other City departments. The available funds in the Canal Importation Basin
Project are savings from this project. The 2006-2007 budgets were not based on those funds
being available, so there will be no delay of any Canal Importation Basin Project. In 2006, after
the projects currently under design and construction are completed, the major emphasis of the
City's capital improvement program for the next 5 years will be the Canal Importation Basin.
Attachments:
A. Location Map
i
F
Lemay Avenue p O
O
' 10 N
to CL
r 00
O Z
-n
O
O O
Gt O
i °a } 'a 01
CL
r
m
i iF
O
v
m
I y
t
O
N
coCL
fB ilfj
N
I
i fD
1
o %
�f
0
�e
e
rn
o r�
f
i
o t
a
t tj
m
D
i
ORDINANCE NO. 008, 2006
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE DRY CREEK DRAINAGE IMPROVEMENTS PROJECT MASTER
AGREEMENT WITH WINDSOR RESERVOIR AND CANAL COMPANY, LARE%4ER AND
WELD IRRIGATION COMPANY, LARIMER AND WELD RESERVOIR COMPANY, AND
WATER SUPPLY AND STORAGE COMPANY, AND AUTHORIZING CONVEYANCE OF
CERTAIN REAL PROPERTY INTERESTS IN CONNECTION THEREWITH
WHEREAS, the primary purpose of the Dry Creek Drainage Improvements Project (the
"Proj ect")is to attenuate the 100-year flood threat in the Dry Creek drainage area,basically west and
northwest of Fort Collins, Colorado, for the benefit of the general public and generally to provide
additional protection from damage and impairment from flood impacts for certain ditch and reservoir
systems and facilities in the Dry Creek drainage area; and
WHEREAS,the"Project'includes modifications to Douglas Lake spillway,construction of
spillway structures in the Larimer County Canal and the Larimer and Weld Canal, construction of
two detention ponds,installation of a sensing and control system,construction of an irrigation water
supply pipeline from Reservoir No. 4 to Terry Lake, and construction of open channels to carry
stormwater flows from the Larimer and Weld Canal to the existing Dry Creek channel near the
intersection of Timberline Road and Mulberry Street; and
WHEREAS, many aspects of the "Project' involve construction or other activities in and
around the reservoir, ditch and other facilities of a number of irrigation and reservoir companies,
including Windsor Reservoir and Canal Company, Larimer and Weld Irrigation Company,Larimer
and Weld Reservoir Company, and Water Supply and Storage Company(collectively referred to as
the "Irrigation Companies"); and
WHEREAS, in addition to the design and construction of the"Project' improvements, the
ongoing success of the "Project' is dependent upon the future cooperation and support of the
Irrigation Companies and their willingness to grant certain access and other rights to the City; and
WHEREAS,City staff has negotiated terms and conditions of proposed agreement that will
provide for the ongoing cooperation and support of the Irrigation Companies and set forth the rights
and responsibilities of the Irrigation Companies and the City, which agreement, entitled the "Dry
Creek Improvements Project Master Agreement',and dated January 13,2006,is on file in the Office
of the City Clerk and available for review (the"Master Agreement'); and
WHEREAS,in addition to various grants to the City,the Master Agreement includes certain
provisions that allow for limited use by certain of the Irrigation Companies of specified permanent
improvements constructed by the City pursuant to the Master Agreement; and
WHEREAS,pursuant to the Master Agreement the City has the right to terminate the Master
Agreement,provided that in the event of termination certain of the improvements constructed by the
City and related real property interests,as applicable,would transfer to one or more of the Irrigation
Companies; and
WHEREAS,Section 23-1 I I(a)of the City Code provides that the City Council is authorized
to sell, convey or otherwise dispose of real property owned by the City, including permanent
structures constructed thereupon,provided the City Council first finds by ordinance that any sale or
other disposition of real property owned by the City is in the best interest of the City of Fort Collins;
and
WHEREAS, Section 23-111(b) of the City Code provides that the Council is authorized to
dispose of real property which is part of any of the City's utility systems,provided the Council finds
that any disposition of such real property will not materially impair the viability of the affected utility
system as a whole and that it will be for the benefit of the citizens of the city.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the grant and transfer of the above-described rights to City stormwater
property as described in the Master Agreement, including the transfer of certain improvements to
the associated Irrigation Companies in the event the City chooses to terminate the Master Agreement,
is in the best interest of the City of Fort Collins, will not materially impair the viability of the
stormwater utility system as a whole, and will be for the benefit of the citizens of the city.
Section 2. That the City Manager is hereby authorized to execute the Master Agreement
consistent with the terms of this Ordinance, together with such modified or additional terms and
conditions as the City Manager, in consultation with the City Attorney, determines to be necessary
or appropriate to protect the interest of the City or the stormwater utility.
Introduced, considered favorably on first reading, and ordered published this 17th day of
January, A.D. 2006, and to be presented for final passage on the 7th day of February, A.D. 2006.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 7th day of February, A.D. 2006.
Mayor
ATTEST:
City Clerk
ORDINANCE NO. 009, 2006
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE TRANSFER OF EXISTING APPROPRIATIONS FROM THE
CANAL IMPORTATION BASIN PROJECT TO THE DRY CREEK BASIN PROJECT
WITHIN THE STORM DRAINAGE FUND
WHEREAS,the Dry Creek Flood Control Project was originally estimated at$16 million
with joint funding to come from Larimer County and the City of Fort Collins; and
WHEREAS,prior to construction of the project in 2005, Larimer County determined that
they were unable to participate in the Dry Creek Flood Control Project; and
WHEREAS, because of the potential for damage and loss of life that could result from a
flood event in the Dry Creek Basin,Utilities' staff re-evaluated the original project and developed
an alternative project that could provide most of the benefit of the original project for about $9
million; and
WHEREAS, due to unanticipated expenses on several components of the project, it now
appears that the Dry Creek Basin Project appropriations will be short by $750,000; and
WHEREAS,the Sheldon Lake Drainage Improvement Project was completed substantially
under budget due to the use of the alternative product delivery system, successful value
engineering, and partnerships with other City Departments; and
WHEREAS, the Sheldon Lake Drainage Improvement Project is part of the Canal
Importation Basin Project and the project savings are included in the Canal Importation Basin
Project; and
WHEREAS,transferring funds from the Canal Importation Basin Project to the Dry Creek
Basin Project will have no effect on future Canal Importation Basin projects; and
WHEREAS,Article V, Section 10,of the Charter of the City of Fort Collins authorizes the
City Council to transfer by ordinance any unexpended appropriated amount or portion thereof
from one capital project to another capital project, provided that the proposed transfer is from a
capital project account in which the amount appropriated exceeds the amount needed to
accomplish the purpose specified in the appropriation ordinance.
NOW,THEREFORE,BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that the unexpended appropriated amount of SEVEN HUNDRED FIFTY THOUSAND
DOLLARS($750,000)is hereby authorized for transfer from the Canal Importation Basin Project
to the Dry Creek Basin Project within the Storm Drainage Fund and appropriated therein.
Introduced, considered favorably on first reading, and ordered published this 17th day of
January,A.D.,2006,and to be presented for final passage on the 7th day of February,A.D.,2006.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 7th day of February, A.D. 2006.
Mayor
ATTEST:
City Clerk