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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 07/17/2012 - SECOND READING OF ORDINANCE NO. 060, 2012, APPROPRDATE: July 17, 2012 STAFF: Jon Haukaas, Ken Sampley Mark Kempton AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 15 SUBJECT Second Reading of Ordinance No. 060, 2012, Appropriating Unanticipated Revenue in the Stormwater Fund from Larimer County for Analysis and Design of Certain Stormwater Improvements in the West Vine Basin. EXECUTIVE SUMMARY The City of Fort Collins and Larimer County have agreed to supplement an existing Intergovernmental Agreement (IGA) that addresses stormwater improvements within the West Vine Basin in northwest Fort Collins and portions of Larimer County. The supplemental IGA will allow the City and County to collaborate on the funding and construction of certain stormwater improvements in the West Vine basin. With the supplemental IGA, the City and the County are proposing to equally share engineering costs associated with the analysis and design of the West Vine Basin stormwater outfall channel (Outfall Channel) and the Forney stormwater detention pond (Forney Pond). This Ordinance, unanimously adopted on First Reading on June 26, 2012, appropriates unanticipated revenue from Larimer County in the amount of $487,500 in the Stormwater Fund for analysis and design of specific West Vine Basin stormwater improvements. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. Copy of First Reading Agenda Item Summary - June 26, 2012 (w/o attachments) COPY COPY COPY COPY ATTACHMENT 1 DATE: June 26, 2012 STAFF: Jon Haukaas, Ken Sampley Mark Kempton AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 5 SUBJECT Items Relating to the Analysis and Design of Specific West Vine Basin Stormwater Improvements. A. Resolution 2012-046 Authorizing the Execution of a Supplemental Intergovernmental Agreement between the City and Larimer County for the Analysis and Design of Certain Stormwater Improvements in the West Vine Basin. B. First Reading of Ordinance No. 060, 2012, Appropriating Unanticipated Revenue in the Stormwater Fund from Larimer County for Analysis and Design of Certain Stormwater Improvements in the West Vine Basin. EXECUTIVE SUMMARY The City of Fort Collins and Larimer County are proposing to supplement an existing Intergovernmental Agreement (IGA) that addresses stormwater improvements within the West Vine Basin in northwest Fort Collins and portions of Larimer County. In 1997, the City and County entered into an IGA that addressed stormwater basin master plans for both the Dry Creek and West Vine basins. Except to the extent that the 1997 IGA addresses the development of a Dry Creek project to create a local improvement district and other related actions, the 1997 IGA is still in effect. The proposed supplemental IGA is drafted to allow the City and County to collaborate on the funding and construction of certain stormwater improvements in the West Vine basin and in light of circumstances that have changed since 1997. With the supplemental IGA, the City and the County are proposing to equally share engineering costs associated with the analysis and design of the West Vine Basin stormwater outfall channel (Outfall Channel) and the Forney stormwater detention pond (Forney Pond). BACKGROUND / DISCUSSION In 1997, the City of Fort Collins and Larimer County entered into an IGA regarding stormwater management matters in the West Vine storm drainage basin. The IGA allows for the sharing of costs and resources by both the City and the County to analyze, design, and construct necessary storm water improvements to relieve flooding and associated property damage in the West Vine Basin. A copy of the IGA can be found in Attachment 1. In 2004, City Council adopted the Stormwater Master Plan Update (Master Plan) for the City of Fort Collins. The Master Plan included stormwater improvements for the West Vine Basin, which is located in the northwest portion of the City (see Attachment 2). The existing 100-year floodplain inundates numerous properties in the basin, and overtops several major roads, one of which is North Shields Street north of Vine Drive (see Attachment 3). The Master Plan includes a number of proposed improvements including the Forney Detention Pond and a stormwater outfall channel to mitigate the extent of the 100-year floodplain in the basin. Specifically the Master Plan includes a stormwater outfall channel from the Cache la Poudre River north to Vine Drive, and west to the Forney Detention Pond near North Taft Hill Road and West Vine Drive (see Attachment 4). In 2004, the City of Fort Collins also adopted the West Vine Basin Master Drainage Plan, including areas located in the northwest portion of the City and in Larimer County. The West Vine Drainage Plan included the future reduction of the existing 100-year floodplain through the construction of a stormwater outfall channel from the proposed Forney Pond (the land for which was recently purchased by the City) at the intersection of Taft Hill Road and West Vine Drive northeast to the Cache la Poudre River, west of Shields Street. In October 2011, Larimer County initiated the North Shields Street widening project, which includes the widening of Shields Street from Willox Lane south to the Arthur Ditch, just north of Vine Drive. The project includes the widening of Shields Street from its current width of approximately 24 feet to approximately 64 feet, and the replacement of the Shields Street Bridge over the Cache la Poudre River. In order to mitigate potential flooding at the Shields Street project, the County approached City staff with a proposal to team with the City of Fort Collins to analyze, design, and construct the lower portions of the Outfall Channel. The existing 100-year West Vine Basin floodplain currently passes over Shields Street just north of the Arthur Ditch, and any future improvements to Shields Street will need to COPY COPY COPY COPY June 26, 2012 -2- ITEM 5 accommodate this 100-year flow of approximately 1,200 cubic feet per second (cfs). Rather than construct a large culvert or bridge system at this overtopping location, the County has proposed to team with the City to investigate the design and construction of the Master Plan stormwater outfall channel at a minimum from Vine Drive north to the Cache la Poudre River. The Outfall Channel, as currently shown in the Master Plan, would convey the 100-year stormwater flows along the west side of Shields Street to the river, thus eliminating the need to build a bridge or culvert system on North Shields Street. In February 2012, the City of Fort Collins purchased a 37-acre parcel of land from Forney Industries near the southeast corner of North Taft Hill Road, and West Vine Drive (see Attachment 5). This property was identified in the Master Plan as the location of a regional stormwater detention pond, which would serve to reduce 100-year flows in the basin downstream (east) of the pond. Given the interconnectivity between the Forney Pond, the Outfall Channel, and the Cache la Poudre River, the analysis and design phases of the project will include the reach of the Outfall Channel from the Cache la Poudre River west to the Forney Pond. The supplemental IGA includes language stating that the County will pay one-half of the engineering costs to analyze and design the Outfall Channel and the Forney Pond with the City paying the remaining one-half of the costs. The County will use the funds from stormwater fees that it has collected in the basin since the early 2000s. It is the County’s intent to utilize these funds to contribute toward the alternatives analysis phase, the final design phase, and the future construction of the Outfall Channel, and possibly the Forney Pond, if funds allow. The City will utilize an experienced local engineering consulting firm currently under contract with the City to perform the alternative analysis and design phases of the project. City staff will also manage and coordinate the project, with close interaction with staff from the Larimer County Engineering Department. At this time, it is anticipated that at a minimum, the existing City and County stormwater funds will allow for construction of the Outfall Channel from Vine Drive north to the Cache la Poudre River. The City of Fort Collins Utilities department is proposing to match the County’s funds with existing stormwater fees from the City’s stormwater utility fund. Utilities staff will continue to investigate partnerships with other entities or City departments, such as the Natural Resources, to possibly construct the Outfall Channel and the Forney Pond for stormwater, natural areas, and wildlife habitat improvement purposes. The supplemental IGA includes terms that include a 50%-50% cost share between the City and the County, respectively, up to a maximum of the funds currently available from each entity. The specific language describing the supplement to the 1997 IGA is included in the new IGA, which is included as an Exhibit to the Resolution. FINANCIAL / ECONOMIC IMPACTS Larimer County has agreed to cover up to one-half of the engineering costs for the first two phases of the project. The County has also tentatively agreed to fund up to one-half of the construction costs for the Outfall Channel, up to a maximum of the stormwater fees that they have collected in the West Vine Basin. At this time, the County’s collected fees amount to approximately $1,000,000. The engineering costs associated with the alternative analysis and final design phases of the project are $145,000 and $415,000, respectively. At this time, the City has funded all of the $145,000 cost of the alternatives analysis phase of the project, with the understanding that one-half of these costs will be reimbursed to the City through the IGA. The $415,000 cost for the final design phase will also be split evenly between the City and the County, with 100% of the $415,000 final design cost to be initially paid by the County to the City. One-half of the $415,000 Final Design cost will be reimbursed to the County during the construction phase of the project, which is anticipated for mid-2013. After the selection and design of a final alternative, the City and County will consider constructing a portion or all of the Outfall Channel, including the Forney Pond either by negotiating another IGA with the County or under the auspices of the existing 1997 IGA. A 2013-14 budget offer to include the City’s portion of the future construction costs for the Outfall Channel was submitted in May 2012. A summary of the total costs for the current project phase is shown in Attachment 6. Through the financial partnership with Larimer County, the City’s financial contribution toward the completion of the project will be half of that originally shown and planned for in the Master Plan. The project may also eliminate the need for a costly bridge/culvert system under North Shields Street; a system which could eventually become dry through the future construction of the Outfall Channel. The Outfall Channel will fully contain the 100-year floodplain, eliminating flood damages for several homes and properties in the basin. Potentially life-threatening road overtopping situations will also be eliminated through the construction of the Outfall Channel and the Forney Pond. COPY COPY COPY COPY June 26, 2012 -3- ITEM 5 ENVIRONMENTAL IMPACTS It is the City’s intent to design the Forney Pond as a dual stormwater/natural area facility, similar to the recently completed CIPO Stormwater/Natural Areas project at Taft Hill Road and Prospect Road. The design of the Outfall Channel will also include a reconnection of the historic Soldier Canyon Creek to the Cache la Poudre River. The creek has been lost to development through the years, and only isolated remnants of the creek remain today. It is the intent of the City’s Utilities and Natural Areas departments, as well as Larimer County to design and construct the Outfall Channel and the Forney Pond in such a manner to improve the wildlife habitat and connectivity along the length of the channel, west through the basin from the Cache la Poudre River to the Forney Pond, and eventually toward the foothills in the western portions of the basin in future phases. The Outfall Channel and the Forney Pond will also include water quality treatment facilities that will improve the quality of the stormwater runoff prior to reaching the Cache la Poudre River. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading and the Resolution. BOARD / COMMISSION RECOMMENDATION The Master Plan improvements for the West Vine Basin, including the Outfall Channel and the Forney Pond, were presented to and adopted by various City Boards and Commissions as part of the Master Plan adoption process in the early 2000s. City staff will present the results of the alternatives analysis phase, including the preliminary selected plan to the appropriate City boards and the City Council in mid summer of 2012, prior to the commencement of the final design phase of the project. PUBLIC OUTREACH Several public open houses were held in the early 2000s to present the results of the Master Drainage Plan to the residents of the West Vine Basin. The Outfall Channel and the Forney Pond were included in the Master Drainage Plan at the time. City and County staff have met with affected landowners along Shields Street in 2011 and 2012 to discuss both the Shields Street widening project and the Outfall Channel project. Alternative alignments for the Outfall Channel were presented to the landowners, along with potential impacts to their properties as a result of the widening of Shields Street. Further meetings will take place with the landowners as well as a proposed open house in August 2012 to present the findings of the alternative analysis phase of both projects to the residents of the basin. It is the City’s intent to combine the public outreach efforts for the stormwater outfall and the North Shields Street projects to maximize the combined resources of the City and the County and to be concise and consistent in the public outreach phase of both projects. ATTACHMENTS 1. Intergovernmental Agreement for Stormwater Cooperation-Larimer County and the City of Fort Collins, May 20, 1997 2. West Vine Basin Location Map 3. Existing 100-year floodplain for the West Vine Basin 4. Master Plan stormwater improvements for the West Vine Basin 5. Forney Pond Property Map 6. Summary of costs for the alternatives analysis and final design ORDINANCE NO. 060, 2012 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING UNANTICIPATED REVENUE IN THE STORMWATER FUND FROM LARIMER COUNTY FOR ANALYSIS AND DESIGN OF CERTAIN STORMWATER IMPROVEMENTS IN THE WEST VINE BASIN WHEREAS, in 1997, the City and Larimer County entered into an intergovernmental agreement for stormwater cooperation assigning responsibilities to each entity related to certain stormwater improvements in the West Vine Basin; and WHEREAS, in 2004, the City Council approved the West Vine Basin Master Drainage Plan, including areas located in the northwest portion and in Larimer County; and WHEREAS, the West Vine Basin Master Drainage Plan includes the future reduction of the existing 100-year floodplain that crosses over Shields Street; and WHEREAS, City staff and Larimer County representatives ("Staff") have determined that certain stormwater improvements are needed in the West Vine Basin in light of existing circumstances; and WHEREAS, in Staff's opinion, the stormwater improvements that should immediately be analyzed and designed include construction of an outfall channel and a regional detention pond; and WHEREAS, the engineering costs associated with an alternative analysis and final design phases of the outfall channel and regional detention pond are $145,000 and $415,000, respectively; and WHEREAS, the City has already funded the full cost of the alternative analysis phase of the project with the understanding that one half of these costs will be reimbursed to the City by Larimer County through an IGA; and WHEREAS, the final design costs of the project will be split evenly between the City and Larimer County, with 100% of these costs to be initially paid by Larimer County; and WHEREAS, one half of the final design costs will be reimbursed by the City to Larimer County during the construction phase of the project, which is anticipated for mid-2013; and WHEREAS, Article V, Section 9, of the City Charter authorizes the City Council to make supplemental appropriations by ordinance at any time during the fiscal year, provided that the total amount of such supplemental appropriations, in combination with all previous appropriations for the fiscal year, does not exceed the current estimate of actual and anticipated revenues to be received during the fiscal year; and NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that there is hereby appropriated from unanticipated revenue in the Stormwater Fund the sum of FOUR HUNDRED EIGHTY SEVEN THOUSAND FIVE HUNDRED DOLLARS ($487,500) for analysis and design of specific West Vine Basin stormwater improvements. Introduced, considered favorably on first reading, and ordered published this 26th day of June, A.D. 2012, and to be presented for final passage on the 17th day of July, A.D. 2012. _________________________________ Mayor ATTEST: _____________________________ Interim City Clerk Passed and adopted on final reading on the 17th day of July, A.D. 2012. _________________________________ Mayor ATTEST: _____________________________ City Clerk Page 1 of 5 SUPPLEMENTAL INTERGOVERNMENTAL AGREEMENT FOR FUNDING OF ANALYSIS AND DESIGN OF SPECIFIC WEST VINE DRAINAGE BASIN IMPROVEMENTS THIS INTERGOVERNMENTAL AGREEMENT (the “Agreement”) is made and entered into this day of _____________, 2012, by and between THE CITY OF FORT COLLINS, COLORADO, a municipal corporation (the “City”) and THE BOARD OF COUNTY COMMISSIONERS OF LARIMER COUNTY, COLORADO for the use and benefit of the Larimer County Public Works Department (the “County”). I. RECITALS A. The parties to this Agreement entered into an Intergovernmental Agreement for Stormwater Cooperation in 1997 (hereafter referred to as “1997 Agreement”) assigning responsibilities to the City and the County related to the West Vine Project and the 1997 Agreement remains in effect except with regard to terms and conditions related to the Dry Creek Project; and B. The parties to this Agreement wish to supplement the 1997 Agreement for purposes of the design and possible construction of a portion of the West Vine Project due to changed circumstances since 1997; and C. The parties to this Agreement have the authority pursuant to Article XIV, Section 18 of the Colorado Constitution and Section 29-1-201, et seq., Colorado Revised Statutes, to enter into intergovernmental agreements for the purpose of providing any service or performing any function which they can perform individually. B. The West Vine Basin (“Basin”) Master Drainage Plan was completed in 2002 and has been adopted by both the City and the County. C. The Basin is located both within the City and within the County, with the majority of the area being within the County. The area of the Basin within the County is within the City’s Growth Management Area (GMA) and is expected to be annexed by the City in the future. D. The City and the County both collect stormwater fees from properties located within their respective areas of the Basin. Both the City and the County are authorized to use these fees for analysis, design, and construction of drainage improvements to the Basin. E. The City and the County each have authority to assume primary responsibility for managing the design and construction of improvements to the Basin. Page 2 of 5 F. The parties agree it is in their best interests to work cooperatively in the analysis, design, and construction of drainage improvements to the Basin, particularly with regard to a stormwater outfall channel from a proposed Forney stormwater detention pond at the intersection of Taft Hill Road and West Vine Drive northeast to the Cache la Poudre River, west of Shields Street. G. The City currently retains under contract a qualified engineering design consultant (the “Consultant”) who is able to analyze and describe options for designing drainage improvements within the Basin (this work to be referred to as the “Alternative Analysis Phase”). When an alternative selection is made, the Consultant is also able to complete the final design work (this work to be referred to as “Final Design Phase”.) The City also retains under contract a qualified construction contractor (the “Contractor”) who is able to provide the City construction cost estimates and advice on constructability issues. H. The City, County, the City’s Contractors, and the Consultant have estimated the cost to complete both the Alternative Analysis and Final Design Phases to be approximately $560,000 (Five hundred and sixty thousand dollars). The scope of the Alternative Analysis and Final Design Phases collectively will include improvements to the Basin beginning west of Taft Hill Road at the proposed Forney Regional Detention Pond, proceeding northeasterly until intersecting with the Cache la Poudre River at a location in the vicinity of North Shields Street. I. The City and County agree the City will assume primary responsibility, with close coordination by the County, in determining the scope of work and budget to be issued to the Consultant. J. This Agreement sets out the terms under which the parties will cover the costs for the Alternative Analysis and Final Design Phases. Subsequent amendment to this Agreement or a separate agreement may be necessary to address the terms and conditions including the sharing of costs for the construction of the designed stormwater improvements within the West Vine Basin. II. CONSIDERATION NOW, THEREFORE, in consideration of the mutual covenants herein, the parties agree as follows: III. TERMS 1. The City and the County intend ultimately to evenly split the costs associated with completing all phases, including the analysis, design and construction, of improvements to the West Vine Basin. 2. A document describing the cost estimate associated with completing both the Alternative Analysis and Final Design Phases is marked as Exhibit “A” and attached hereto and incorporated by reference. The total cost estimate for both the Alternative Page 3 of 5 Analysis and Final Design Phases combined is approximately $560,000 (Five hundred and sixty thousand dollars). 3. As of the date of this Agreement, the City has paid or will pay any and all costs associated with the Alternative Analysis Phase, estimated to be approximately $145,000 (One hundred and forty-five thousand dollars) out of its own funds. 4. Upon execution of this Agreement, the County shall transfer to the City no less than $487,500 (Four hundred eighty-seven thousand and five-hundred dollars), which is an amount equal to half the cost of the Alternative Analysis Phase and all of the estimated cost of the Final Design Phase. The County is reimbursing the City for half the cost of the Alternative Analysis Phase with this transfer. The County will transfer such funds from the West Vine Basin stormwater fees it has collected. This transfer shall be made such that the funds are available prior to the Consultant beginning work on the Final Design Phase. 5. The County authorizes the City to pay and the City will pay the Consultant’s and the Contractor’s fees and expenses for completing the Final Design Phase from those funds transferred by the County from its West Vine Basin stormwater fees, provided that the Fort Collins City Council approves an appropriation ordinance authorizing such expenditure. The City will, at such time that payment is required, be responsible for paying one-half (1/2) the cost of any West Vine Basin stormwater construction work that the parties might agree to through subsequent agreement or amendment, provided that such expenditure is authorized through the City’s budgeting process. As part of this future construction phase agreement, the City will credit or reimburse the County for one-half (1/2) of the costs and expenses associated with the Final Design Phase. 6. The City shall maintain accurate accounts of all Alternative Analysis and Final Design Phase expenditures that are paid from the fees transferred by the County. The City shall provide to the County information detailing incremental and total Alternative Analysis and Final Design Phase expenditures and the remaining balance of funds on at least a quarterly basis. 7. The City shall notify and obtain the County’s consent prior to authorizing any changes in the scope of services or other expenditures that would cause costs to exceed the amount budgeted in Exhibit A. 8. The City and County shall each designate a representative to serve on the Alternative Analysis and Final Design Phases design team. The City and County will cooperate in the review of the analysis, design and creation of the design drawings and specifications. Such review shall include input by appropriate technical specialists from both the City and the County staff. 9. Following completion and acceptance of the Alternative Analysis and Final Design Phases from the consultant, the City and County shall determine if adequate funds Page 4 of 5 are available for the construction of selected improvements to the Basin or to acquire land necessary for the construction of any or all of the improvements to the Basin. If the City and County determine that adequate funding is not available to acquire needed land or to construct the designed improvements, the City shall refund to the County the balance of any unused stormwater fees transferred by the County for the Alternative Analysis and Final Design Phases. If adequate funding is available to acquire land or construct improvements, the balance of the Alternative Analysis and Final Design Project funds shall be incorporated into the construction budget as may be agreed upon by the City and County in a subsequent agreement or as addressed in the 1997 Agreement. 10. The City accepts no responsibility or liability for the services to be performed by the Consultant or the Contractor. 11. The Cities’ financial obligations under this Ancillary Agreement are contingent upon the annual appropriation, budgeting and availability of specific funds to discharge those obligations. Nothing in this Agreement shall create a payment guaranty to the County or a debt or a multiple-fiscal year financial obligation under the Colorado Constitution or any similar provisions of the City’s charter or ordinances. 12. The City and County intend that this Agreement bind them, their officers and employees. Either party shall be permitted to specifically enforce any provision of this Agreement in a court of competent jurisdiction. 13. This Agreement shall constitute the entire understanding of the parties hereto with regard to the subject matter hereof. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. THE CITY OF FORT COLLINS, COLORADO, A Municipal Corporation By: Name Title ATTEST: City Clerk APPROVED AS TO FORM: Assistant City Attorney Page 5 of 5 BOARD OF COMMISSIONERS OF LARIMER COUNTY, COLORADO For the use and benefit of the Larimer County Public Works Department By: Name Title ATTEST: County Clerk APPROVED AS TO FORM: Deputy County Attorney