HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 01/28/2014 - BOXELDER BASIN REGIONAL STORMWATER AUTHORITY UPDATDATE:
STAFF:
January 28, 2014
Ken Sampley, Stormwater/Floodplain Program Mgr
Jon Haukaas, Water Engr Field Operations Mgr
WORK SESSION ITEM
City Council
SUBJECT FOR DISCUSSION
Boxelder Basin Regional Stormwater Authority Update.
EXECUTIVE SUMMARY
Boxelder Basin Regional Stormwater Authority (BBRSA) was formed by Intergovernmental Agreement (IGA) in
2008 with the purpose of funding and implementing regional stormwater improvements. BBRSA Members
include Fort Collins, Larimer County, and Wellington. Timnath is a financial partner by separate IGA with the
BBRSA.
There are three remaining projects scheduled for completion by July 2015 with an estimated total cost of $11.75
million: (1) Construction of a detention facility on the east side of I-25; (2) a flood control crossing of the Larimer &
Weld Canal; and (3) improvements to CR52 to prevent road overtopping.
The BBRSA has received low interest loans from the Colorado Water Conservation Board (CWCB) that can be
used for property acquisition and regional stormwater project design and construction costs.
A new IGA is required between Fort Collins, Larimer County and Timnath to fund a portion of the costs associated
with improvements at County Road 52. The three parties have agreed to share equally in splitting the estimated
($1.04 Million).
The updated Benefit/Cost Ratio for the BBRSA projects is 3.95. Such a high B/C ratio demonstrates the dramatic
benefits of these regional improvements.
GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED
This item provides background information and the current status of the Boxelder Basin Regional Stormwater
Authority (BBRSA).
BACKGROUND / DISCUSSION
There is a significant amount of background information applicable to this item. That information is provided in
the paragraphs below as follows:
1. History of the originating Boxelder Alliance.
2. The initial Boxelder Creek Regional Stormwater Master Plan.
3. Formation of the Boxelder Basin Regional Stormwater Authority (BBRSA).
4. Progression of the Authority and Master Plan since 2008.
1. BOXELDER ALLIANCE
Early in 2005, stormwater planners in northern Larimer County took a holistic approach to addressing flood
hazard and stormwater drainage problems in the Boxelder Creek watershed. The current BBRSA members have
been working together for over 8 years. This watershed or basin encompasses over 265 square miles and
extends from just north of the Wyoming border to the Poudre River on the south. Attachment 1 shows the entire
FEMA mapped Boxelder Creek floodplain from the Poudre River on the south to just below the existing NRCS
dams to the north. Because the Boxelder Creek floodplain affects many property owners and several local
January 28, 2014 Page 2
governments, intensive efforts were made to develop a regional flood hazard mitigation plan. It should be noted
that Coal Creek and Indian Creek both feed into Boxelder Creek near the Town of Wellington. The communities of
Fort Collins, Wellington, Timnath, Windsor, and Larimer County all shared a common goal in mitigating the flood
hazard posed by Boxelder Creek. The Alliance was formed in early 2005 to develop a “regional” solution that is
more efficient, wide ranging and cost effective than the entities could develop independently.
The Alliance members included:
Colorado Dept of Transportation (CDOT)
Larimer County
City of Fort Collins
Town of Wellington
Town of Timnath
Town of Windsor
North Poudre Irrigation Company
Boxelder Sanitation District
New Cache La Poudre Irrigation Company
A Private Property Owners’ Group
Colorado Water Conservation Board (CWCB)
2. Boxelder Creek Regional Stormwater Master Plan
Representatives of these entities met over a period of two years to consider ways to mitigate flood hazards within
the area that is tributary to Boxelder Creek from County Road 70 north of Wellington south to where Boxelder
Creek floodwaters join the Cache La Poudre River. The Boxelder Creek 100-Year floodplain impacts
approximately 4,900 acres of land within the regional area. While average floodplain velocities and depths are
low (depths less than 3 feet and velocities less than 2.5 feet per second), the hazard associated with the
flooding is estimated to be high due to the numerous split flows and diversions which occur within the basin.
Flow paths are not well defined and the existing channel system and cross culverts are not capable of
conveying large quantities of runoff. Numerous roads would overtop during the 100-Year frequency flooding
event. Due to the numerous split flows and diversions that occur, the potential for overtopping frequently used
roads and the probability of the existing conveyance system to become blocked, there is the potential for loss
of life and/or bodily injury during an extreme runoff event. Kevin Houck, Chief of Watershed and Flood
Protection for the CWCB have stated that, “The Boxelder watershed remains on the Top 10 list of high risk
watersheds for the State of Colorado…”
Table ES-1 from the Master Plan summarizes the estimated damages during a 100-year frequency
flooding event and is shown below:
Boxelder Creek Regional Stormwater Master Plan
Table ES-1 Estimated Existing Damages Summary (100-Year Flood)
Reach/Entity
Est. Present Worth
Damages
Structures
Impacted
No. of Roads
Overtopped
By Jurisdiction
Larimer County/City of Fort Collins $76.9 Million 400 24
Town of Wellington $29.5 Million 220 4
Town of Timnath $3.4 Million 50 5
Total $109.8 Million 670 33
It was determined that the best approach to basin wide flood hazard mitigation would be to prepare a common
plan for flood mitigation improvements within the Basin. Members of the Alliance pooled funding to prepare a
storm water Master Plan for the Boxelder Basin. The resulting Boxelder Creek Regional Stormwater Master Plan
(Master Plan) was completed in October 2006. The Master Plan recommended the formation of a Stormwater
Authority to fund and implement the regional stormwater improvements.
January 28, 2014 Page 3
3. BOXELDER BASIN REGIONAL STORMWATER AUTHORITY (BBRSA)
On August 20, 2008, the City of Fort Collins (Fort Collins), Larimer County (County) and the Town of Wellington
(Wellington) entered into an intergovernmental agreement (IGA) to establish the Boxelder Basin Regional
Stormwater Authority (BBRSA). The BBRSA was established to fund and implement the regional stormwater
improvements outlined in the Boxelder Regional Stormwater Master Plan.
It was anticipated that a CWCB low-interest loan would be obtained for construction of the facilities and would be
paid back through monthly fees and charges as well as a system of development fees raised by the Authority
from properties located within the Boxelder Creek Drainage Basin. Grants would also be pursued to offset some
of the costs associated with the project.
Attachment 2 provides a summary description (work to be completed, estimated construction costs, and resulting
benefits) of the Boxelder Creek Regional Stormwater Master Plan Phase I regional stormwater projects listed
below:
Diversion of Coal Creek to Clark Reservoir
Edson (East Side) Detention Reservoir
Middle Boxelder Creek Stream Improvements
Larimer and Weld Crossing Structure.
The total funding requirement for the Master P l a n Phase I Regional Stormwater Improvements was
$13.7 million (depending on the final design of the Edson Detention Reservoir and available storage).
4. PROGRESSION OF THE BBRSA SINCE 2008
Diversion of Coal Creek to Clark Reservoir
The Diversion of Coal Creek to Clark Reservoir (later known as the Coal Creek Flood Mitigation Project) was
completed by the BBRSA in cooperation with Larimer County in 2011. The project diverts stormwater flows from
Coal Creek (which is tributary to Boxelder Creek) into the Clark Reservoir Inlet Canal and ultimately into Clark
Reservoir. North Poudre Irrigation Company (NPIC) owns these facilities, which are north of the Town of
Wellington. The Inlet Canal was enlarged to accommodate the 1,700 cfs from Coal Creek, Clark Reservoir was
dredged and the emergency spillway was raised to accommodate the decreed storage of NPIC along with the
diverted Coal Creek flows. During construction, 186,000 cubic yards of sediment was removed from Clark
Reservoir. The dredging combined with raising the emergency spillway provides the 540 acre-feet of flood
storage along with the 871 acre-feet of decreed storage for NPIC. This project was funded using a FEMA Pre-
Disaster Mitigation Grant (PDM), matching local sponsor funds and BBRSA stormwater fees. Benefits of the Coal
Creek project are:
Storm flows are diverted from Coal Creek into Clark Reservoir which reduces flooding in Wellington;
Over 103 Acres of land was removed from the 100-Year floodplain;
There were 145 structures within the Wellington 100-Year Floodplain including a grade school and junior high:
o 101 structures were removed from the floodplain with the approved LOMR including the two schools;
o 31 structures were removed with approved LOMAs;
o 13 structures remain in the floodplain because their lowest opening is below the revised BFE; and
The FEMA Floodplain maps have already been revised to reflect this reduction in the 100-Year Floodplain.
East Side Detention Facility (ESDF)
The Boxelder Creek Regional Stormwater Master Plan refers to the East Side Detention Facility as the "Edson
Reservoir" and conceptually located it just north of County Road 60. This location would reduce downstream
flows by 40-60% as they crossed the east-west roads between County Road 48 and County Road 60. All of
these crossings are currently subject to significant overtopping and flooding during a 100-year flood event. As a
result, the 100-Year Floodplain would be reduced as well as the size and cost of bridge/culvert crossings at each
of the County Roads. It should be noted the plan did not eliminate overtopping of the County Roads. The
construction of bridge/culvert crossings to pass the 100-year flood were identified as local improvements in the
January 28, 2014 Page 4
Master Plan and were to be funded by Larimer County and private developers as development progressed north
towards Wellington.
As the site investigation continued it became apparent that the original proposed location could not provide the
required detention and would result in the condemnation of homes. When the original site became no longer
feasible, the BBRSA decided to move forward with an extensive Siting Study in 2010. The goal of this Siting
Study was to identify the best location(s) for the proposed ESDF both from a flood reduction perspective and also
from a cost and constructability perspective. At least 10 possible sites were evaluated and eliminated based on
feasibility. Attachment 3 provides a map and a summary description of the site evaluation process. Once this
analysis was completed the BBRSA confirmed the selection of the current site adjacent to the existing Gray Lakes
Reservoirs as the best location from flood reduction, cost and constructability perspectives.
Timnath Participation
Representatives from the BBRSA and the Town of Timnath then began discussions on the possibility of
increasing the size of the ESDF to reduce downstream flows. If the outflows from the ESDF can be reduced to
approximately 2,500 cfs the City of Fort Collins and the Town of Timnath could consider unplugging two large box
culverts at the crossing of Interstate 25 (I-25) and Boxelder Creek. Two of the four box culverts originally
constructed at this location have been plugged since they were first built. When FEMA revised the floodplain
mapping in this area, the resulting overflow from this blockage extended the floodplain south along the east side
of I-25 flooding large sections of Timnath. Opening the two box culverts will eliminate this overflow path. When the
BBRSA engineering consultant determined the potential exists to meet this goal, the Town of Timnath expressed
interest in participating financially with the BBRSA to achieve this goal.
County Roads between CR 48 and CR 60
The relocation of the ESDF downstream to its current proposed location just south of and adjacent to County
Road 52 results in a significant reduction in the original benefits of a reduced (narrower) floodplain and shallower
overtopping of County roads north of ESDF to County Road 60. In June 2013, an approach was identified to
address Larimer County’s concerns with regard to County Road 52 which consisted of determining the relative
benefits (primarily determined by cost, life safety improvements and transportation corridor access) to Larimer
County from proposed stormwater improvements at County Road 52 to those that would have been obtained
through implementation of the original Master Plan. The approach determined and compared:
the estimated size and cost of improvements at County Road 52 required to convey flood flows under the
roadway such that the road overtopping matches what would have occurred had Edson been built at the
Master Plan location;
the estimated size and cost of improvements needed to convey additional flood flows under County Road 52
in order to meet the County criteria of 6 inches of overtopping;
the reduced future costs for Larimer County to address 100-year flood roadway overtopping at County Roads
,50 and 48 that would result from the construction of the proposed BBRSA improvements; and,
the increased future costs to Larimer County to address 100-year flood roadway overtopping at County Roads
54, 56, 58 and 60 now that the 100-year flood flows are higher than they would have been after construction
of a detention facility north of these roadways.
On August 10, 2013 a meeting was held with Larimer County Commissioners and representatives of the City of
Fort Collins, Town of Wellington, Town of Timnath, and Larimer County staff. The intent of the meeting was to
gain consensus on a proposed compromise for addressing the additional costs required to address Larimer
County’s concerns regarding County Road 52. A solution was reached that results in the need for an additional
intergovernmental agreement (IGA) between the City of Fort Collins, Larimer County, and Timnath to share
equally (one third each) in providing the approximately $1.04 Million of funds necessary to cover the estimated
shortfall once the improvements to County Road 52 are included along with the construction of the ESDF and
Larimer/Weld Crossing Structure.
BBRSA Master Plan Modifications
January 28, 2014 Page 5
As a result of the above, the improvements as envisioned in the original Boxelder Creek Regional Stormwater
Master Plan were modified based on design constraints, construction feasibility and impacts and costs. It is
important to note that the original Master Plan was a conceptual document. As is the case with all such efforts,
the final design frequently necessitates changes to the original concept as design efforts and site investigations
become more refined. It is important to note that the current proposed regional stormwater improvements
maintain the original focus of increasing life safety and reducing floodplain extents. The BBRSA Master plan now
consists of the remaining regional stormwater projects:
East Side Detention Facility (Located adjacent to Gray Lakes Reservoirs);
Larimer and Weld Crossing Structure of Boxelder Creek; and,
County Road 52 Improvements.
FINANCIAL AND SOCIAL IMPACTS
The BBRSA stormwater improvements benefit citizens and residents within our region. This section identifies the
benefits that the City of Fort Collins will receive as a result of the construction of the remaining BBRSA regional
stormwater projects (the East Side Detention Facility, Larimer/Weld Canal Crossing Structure, and County Road
52 Improvements).
Updated Benefit / Cost Ratio
In light of the BBRSA Master Plan revisions, an update of the estimated Benefit/Cost Ratio of the regional
stormwater projects was completed to confirm the financial benefits. The table below uses information on
damage losses from the 2006 Boxelder Creek Regional Stormwater Master Plan and compares the losses with
the current estimated construction costs for the remaining BBRSA projects (ESDF, LWCCS, and CR52
Improvements).
10/30/2013
Boxelder Creek Reach
Potential
Damages at
Existing
Conditions
Potential Damages
after construction
of ESDF and
LWCCS
Resulting Benefit
(Damage
Reduction)
Middle Boxelder Creek (CR54 to I25) $ 9,990,993 $ 5,000,000 $ 4,990,993
Boxelder Overflow $ 9,007,028 $ - $ 9,007,028
Lower Boxelder Creek (I25 to Poudre) $ 2,015,535 $ 811,806 $ 1,203,729
Boxelder I 25 Split $ 10,224,807 $ - $ 10,224,807
Cooper Slough $ 27,344,409 $ 8,623,624 $ 18,720,785
Cache La Poudre Overflow $ 2,311,180 $ 220,493 $ 2,090,687
Totals $952 60,893,$923 14,655,$029 46,238,
2Current Construction Cost Estimate (ESDF, LWCCS&
CR 52 Imprvmts)
$000 11,700,
Estimated Benefit/Cost Ratio 3.95
1
Source: Table C-3 Appendices BOXELDER CREEK REGIONAL STORMWATER MASTER PLAN October 2006
1Present Worth Damage Losses Estimated in 2006 Master Plan
2
Initial Total Costs to be offset by Authority Revenue & TDA contributions & Additional Funding from New IGA
Review of the table shows an updated Benefit/Cost Ratio of 3.95. In most instances, a B/C ratio of 1.5 or 2 is
considered very good. Such a high B/C ratio is very unusual and demonstrates the dramatic benefits that
construction of the BBRSA projects has with regard to the reduction in damages from a 100-Year flood event.
Summary – Fort Collins Benefits
There are significant financial benefits and reductions in flood damage to properties located with the City of Fort
Collins and its GMA as shown in the summary table below.
January 28, 2014 Page 6
Cooper Slough
The BBRSA regional stormwater projects will eliminate the westerly Boxelder Creek overflow on that extends
south along the east side of Interstate Highway 25. The Cooper Slough will benefit by a dramatic reduction in
100-Year flood flows that currently cross beneath Interstate Highway 25 (I-25) in the Larimer and Weld Irrigation
Canal and spill down the Cooper Slough Drainageway. There are significant benefits to Fort Collins as outlined
below:
• Fort Collins saves $11.3 Million in reduced stormwater infrastructure costs on the Cooper Slough area alone;
• Approx. 130 acres of land will be removed from the 100-year floodplain;
• Reductions in flood damages for approximately 90 existing commercial and residential structures (northwest
corner of Mulberry and I-25);
• The commercial buildings at the southwest corner of Mulberry and I-25 will also see reductions in flood
damage;
• Significantly reduces the size and quantity of the proposed stormwater infrastructure in the area of Cooper
Slough and Mulberry; and,
• 100-Year flows in Cooper Slough will be reduced from approx. 2500 cfs to 780 cfs.
Boxelder Creek
The BBRSA regional stormwater projects will eliminate the westerly Boxelder Creek overflow that extends south
along the east side of Interstate Highway 25. The ESDF facility will reduce the 100-Year Flood flows to
approximately 2,500 cfs. With Fort Collins and Timnath agreeing to jointly fund and construct improvements near
and upstream of the Boxelder Creek crossing of Prospect Road, the two large box culverts at the crossing of
Interstate 25 (I-25) and Boxelder Creek can be unplugged. When FEMA revised the floodplain mapping in this
area, the resulting overflow from this blockage extended the floodplain south along the east side of I-25 flooding
large sections of Timnath. Opening the two box culverts will eliminate the current Boxelder Creek overflow
floodplain that extends south along the east side of I-25 and floods large sections of Timnath. There are
significant benefits to Fort Collins as outlined below:
• A $6 million savings for roads within the Fort Collins GMA (County Roads 54, 52, 50, 48 and State Highway
14);
• A $2.1 million savings for stormwater improvements at Boxelder Creek and Prospect Road.
• Approx. 650 acres of land with the Fort Collins GMA will be removed from the 100-Year floodplain;
• Approx. 1,630 acres of land for the reach of Boxelder Creek below County Road 52 will be removed from the
100-Year Floodplain.
• Upon completion of all projects, the Boxelder overflow 100-Year floodplain through Timnath will be eliminated.
• There is a reduction of flood damages for existing properties.
January 28, 2014 Page 7
Road Crossings of Boxelder Creek - County Road 52 Intergovernmental Agreement (IGA)
The current estimated cost of the ESDF, LWCCS and CR 52 Improvements is $11,748,274. After subtracting
loan origination fees, the total amount of available funding for the three CWCB loans is $8,910,000. The BBRSA
and TDA will contribute revenue and participating funds, respectively, during the design and construction of ESDF
and LWCCS in the amount of $1,800,000. That leaves an estimated shortfall of $1,038,274. Fort Collins, Larimer
County and Timnath agreed to share equally in providing the necessary funds to the BBRSA to cover this
estimated shortfall.
The legal counsel for the BBRSA discussed the proposed County Road 52 IGA with attorneys from each of the
member entities. The draft County Road 52 IGA has been distributed to the attorneys for review and final
changes. Larimer County will need to adopt the ordinances for both the First Amendment to the IGA and this new
cost sharing IGA while Fort Collins and Timnath will need to adopt the ordinance establishing the new cost
sharing IGA. Approval of the new County Road 52 IGA is scheduled for the February 18, 2014 City Council
Meeting.
FUNDING STATUS
Timnath and BBRSA Intergovernmental Agreement (IGA)
Timnath has executed an intergovernmental agreement with the BBRSA to initially provide $500,000 and then
fund 25% (approximately $2.5 Million) of the costs to design and construct the ESDF and LWCCS.
First Amendment to Boxelder Basin Regional Stormwater Authority (BBRSA) IGA
With an agreement in place with Timnath, the BBRSA moved forward with the First Amendment to the original
IGA which formed BBRSA. According to Section 2.05 (f) of the IGA, all member entities must agree to the
issuance of debt by the BBRSA. The Amendment approved the issuance of debt based on the CWCB loan
applications for ESDF and LWCCS which were submitted on April 1, 2013. This amendment has been approved
by the City of Fort Collins and the Town of Wellington and awaits approval by Larimer County.
CWCB Loan Status
The two original CWCB loan application and feasibility studies for ESDF and LWCCS were applied for on April 1,
2013. These loans were approved by the CWCB Board at its meeting on May 14, 2013. The final loan contracts
were received on July 11, 2013. The review and execution of these contracts are currently on hold pending
execution of the First IGA Amendment by Larimer County and the execution of the New IGA between the City of
Fort Collins, Larimer County, the Timnath Development Authority and the BBRSA. The third CWCB loan
application and feasibility study for a portion of the County Road 52 Improvements was submitted to CWCB on
November 1, 2013. This package is scheduled to appear before the CWCB Board on January 27, 2014. Staff
from the CWCB has confirmed that the CWCB funds are available for land acquisition but cannot be used for the
legal costs associated with the condemnation process.
Eminent Domain
The power of eminent domain for the BBRSA stems from two independent sources:
The BBRSA is created pursuant to C.R.S. § 29-1-203 and C.R.S. § 29-1-204.2, which allows any combination
of municipalities, special districts and other political subdivisions of the states, which includes counties, to
form a water resources or drainage authority through contract between the parties for the purpose of
developing water resources or drainage facilities.
The BBRSA Intergovernmental Agreement is also the type of agreement authorized by C.R.S. § 29-1-203.
One of the powers granted by the signatories is the power to condemn property for public use (IGA Article III,
Section 3.01(f). Since the power to condemn property for water and drainage purposes is common to all of
January 28, 2014 Page 8
the signatories to the IGA, the BBRSA may exercise the power to condemn any interest in property, including
a fee interest.
Real Estate (Land Acquisition) Status
The BBRSA is in the process of negotiating the acquisition of land from impacted properties. Letters of Intent to
Acquire have been issued to property owners. If negotiations fail, the BBRSA Board of Directors may need to
exercise its condemnation powers. The BBRSA Board of Directors must vote in order to exercise the use of
eminent domain.
SCHEDULE
The latest updated schedule for completion of the BBRSA regional stormwater improvements is:
SPECIFIC ISSUES AND INQUIRIES
Over the last couple of months, there have been specific inquiries pertaining to the purpose of the BBRSA and its
ability and legal authority to proceed with the steps necessary to design and construct the regional stormwater
improvements.
Legal authorities and funding considerations of the BBRSA include:
Article V of the IGA authorizes the BBRSA to establish rates and collect stormwater fees and charges on
property within the BBRSA service area.
Article V of the IGA specifically states that the BBRSA members have the option to pay the BBRSA
directly in lieu of having the BBRSA collect stormwater fees. Fort Collins has properly budgeted for the
payment of these fees as part of its normal budgeting cycle.
The BBRSA has the legal authority to acquire real estate by eminent domain through the process of
condemnation (C.R.S. § 29-1-203 and C.R.S. § 29-1-204.2).
The BBRSA has received low interest loans from the Colorado Water Conservation Board (CWCB) that
can be used for property acquisition and regional stormwater project design and construction costs.
January 28, 2014 Page 9
The BBRSA has received low interest loans from the Colorado Water Conservation Board (CWCB) that
can be used for property acquisition and regional stormwater project design and construction costs.
A detailed listing of the issues and responses is provided in Attachment 4. Previous sections of this report
addressed issues regarding:
• the purpose and benefits of the BBRSA;
• the rationale for the East Side Detention Pond Siting;
• Approval of CWCB Loans;
• Legal authority to issue debt; and
• BBRSA’s authority to use eminent domain.
ATTACHMENTS
1. FEMA Mapped Boxelder Creek Floodplain (PDF)
2. Boxelder Creek Regional Stormwater Master Plan -- Phase I Project Summaries (PDF)
3. Boxelder Basin Regional Stormwater Authority -- ESDF Siting Study Summary (PDF)
4. BBRSA -- Specific Issues and Responses (PDF)
5. BBRSA Resolutions 2008-1 and 2008-2 (Stormwater Service and System Development Fees) (PDF)
6. 2013-14 City of Fort Collins Budget Excerpt (Boxelder Basin Regional Stormwater Authority Funding) (PDF)
7. Powerpoint presentation (PDF)
FEMA Mapped Boxelder Floodplain
ATTACHMENT 1
BOXELDER CREEK REGIONAL STORMWATER MASTER PLAN
PHASE I REGIONAL PROJECTS
Project Summaries
1 of 1
DIVERSION OF COAL CREEK TO CLARK RESERVOIR
Description: Improvement of the North Poudre Canal to capture and convey Coal Creek flood
flows easterly into Clark Reservoir, dredging of Clark Reservoir to provide for flood storage
volume, agreement with North Poudre Irrigation Company to preserve flood storage capacity with
the reservoir, spillway and outlet works improvements, and associated land acquisition.
Estimated Construction Costs: $6.2 Million
Benefits: Reduces peak discharges downstream (approximately 90% in n Coal Creek; 5-10% in
Boxelder Creek) via attenuation in Clark Reservoir, reduces floodplain ex tents by approximately
150-215 acres; minimizes flooding potential and damages for approximately 180 structures
(including 2 schools, community center, residential and commercial structures)
EDSON (EAST SIDE) DETENTION RESERVOIR
Description: Construction of an earthen embankment and un-gated outlet to impound 660 to 990
acre-feet of storage on Indian Creek just upstream of County Road 60; potential diversion of
storm flows at the Boxelder/I-25 split flow location, and associated land acquisition.
Estimated Construction Costs: $4.1 to $6.1 Million (Used $5.1 for cost estimates)
Benefits: Significantly reduces peak discharges downstream (approximately 40-60%) via
attenuation of flood flows in the new Edson Detention Reservoir, minimizes sizes of required
downstream conveyance improvements, reduces floodplain extents and potential for downstream
split flood flows, minimizes flooding potential and damages to approximately 165 existing
structures within Larimer County and Fort Collins.
MIDDLE BOXELDER CREEK STREAM IMPROVEMENTS
Description: Improved stormwater conveyance and associated stream improvements to the
Middle Boxelder Creek section from County Road 52 to County Road 52; construction of two
storm drainage channels to direct flow to Boxelder Creek.
Estimated Construction Costs: $1.1 Million
Benefits: Reduces potential for overflow and split flood flows adjacent to I-25, reduces impacts to
Cooper Slough, removes approximately 535 acres of the Boxelder Overflow flood plain (in
conjunction with Edson Detention Reservoir); provides potential trail and recreational
opportunities.
LARIMER AND WELD CROSSING STRUCTURE
Description: Construct a siphon or spill structure at the Boxelder Creek/Larimer and Weld
crossing to protect the irrigation canal and allow flood flows to continue south in Boxelder Creek.
Estimated Construction Costs: $1.3 Million
Benefits: Reduces potential overtopping of the Larimer and Weld irrigation canal and diversion of
flood flows west beneath I-25 to the Cooper Slough drainageway. The total funding requirement
for the Master P l an Phase I Regional Stormwater Improvements was $13.7 million
(depending on the final design of the Edson Detention Reservoir and available storage).
ATTACHMENT 2
BOXELDER BASIN REGIONAL STORMWATER AUTHORITY
EAST SIDE DETENTION FACILITY (ESDF)
Siting Study Summary
1 of 3
BACKGROUND
The Boxelder Creek Regional Stormwater Master Plan refers to the East Side Detention Facility
as the "Edson Reservoir" and conceptually located it just north of County Road 60. This location
would reduce downstream flows by 40-60% as they crossed the east-west roads between County
Road 48 and County Road 60. All of these crossings are currently subject to significant
overtopping and flooding during a 100-year flood event. As a result, the 100-Year Floodplain
would be reduced as well as the size and cost of bridge/culvert crossings at each of the County
Roads. It should be noted the plan did not eliminate overtopping of the County Roads. The
construction of bridge/culvert crossings to pass the 100-year flood were identified as local
improvements in the Master Plan and were to be funded by Larimer County and private
developers as development progressed north towards Wellington.
EAST SIDE DETENTION FACILITY – SITING STUDY
As the site investigation continued, it became apparent that the original proposed “Edson
Reservoir” location could not provide the required detention and would result in the condemnation
of homes. When the original site became no longer feasible, the BBRSA decided to move forward
with an extensive Siting Study in 2010. The goal of this Siting Study was to identify the best
location(s) for the proposed ESDF both from a flood reduction perspective and also from a cost
and constructability perspective. At least 10 possible sites shown on the attached map were
evaluated and eliminated based on feasibility. A detailed description of the process and outcome
is included in the BBRSA’s applications to the Colorado Water Conservation Board (CWCB) dated
April 1, 2013 requesting loans to construct the regional stormwater improvements (ESDF and
LWCCS). The relocation of the ESDF downstream to its current proposed location just south of
and adjacent to County Road 52 results in a significant reduction in the original benefits of a
reduced (narrower) floodplain and shallower overtopping of County roads north of ESDF.
Each site was evaluated based on the available floodwater storage, hydrologic benefits to
downstream flow rates, and impacts to existing homes/structures. A principal goal was to keep the
100 year flows within the main channel of Boxelder Creek which would eliminate the split flow or
westerly floodplain of Boxelder Creek (shown on Exhibit A adjacent to I-25 between CR52 and
Mulberry Street), which greatly reduces the flood damage risk to people and property. The main
channel of Boxelder Creek can convey approximately 2,900 cfs. Using the 2,900 cfs as a target
for downstream flows, six of the alternatives were eliminated from further consideration due to
their inability to reduce flood flows to the target discharge within the Middle Basin (County Road
50 to Mulberry Street). Additional factors contributing to the elimination of these six alternatives
included the inundation of homes, site constraints that limited potential storage volume, and/or the
reservoirs location relative to Boxelder Creek.
One alternative site was located on the existing CSU Agricultural Research and Development
Center or ARDEC. After the publication of the 2010 Siting Study for Edson Reservoir, the
Authority manager and Ayres engineers met with staff from ARDEC to determine their willingness
to allow the construction of a flood mitigation dam just north of County Road 56 on their property.
Ayres prepared a preliminary grading plan for the dam, along with several cross sections through
the dam, so they could see the impact to their existing center pivot and grazing area for their
cattle which they keep on-site. The proposed facility has significant impacts on ARDEC’s day to
ATTACHMENT 3
BOXELDER BASIN REGIONAL STORMWATER AUTHORITY
EAST SIDE DETENTION FACILITY (ESDF)
Siting Study Summary
2 of 3
day operations both during construction of the dam and afterwards. A suggestion was made to
investigate the site south of ARDEC between CR 54 and CR 56 which is currently owned by the
City of Thornton.
BBRSA representatives and Larimer County Staff met with the City of Thornton to investigate the
potential siting of the ESDF on land it owns north of County Road 54. The BBRSA engineer
prepared a preliminary grading plan and cross sections for a dam which achieved the downstream
residual flow targets. The City of Thornton stated its objection to a proposed detention facility due
to its plans to construct a water storage facility and/or potential pumping station on the site.
The BBRSA then contacted the Larimer Canal Reservoir Company (the owners of the Gray Lakes
Reservoirs) and looked again at using the Gray Lakes site for the proposed ESDF. The site
design for this site was modified from the Siting Study alternative to provide a dam just north of
CR 50 on the west side of the existing Gray Lakes dams. The difference between this alternative
and a previous alternative is there would be no storage of water in the existing Gray Lakes on top
of their normal pool elevation. Prior to beginning the final design for the current ESDF option,
Ayres Associates, met with Michael-Baker (as representatives of FEMA) to confirm that the
proposed portion of the dam which is located just south of CR 52 and runs parallel to CR 52
would not be considered a “levee” by FEMA. This was a significant cost savings to the project. As
part of the preliminary design process Ayres has also completed a “fatal flaw” analysis of the
proposed design. Once this analysis was completed the BBRSA confirmed that this site provided
the best location from a flood reduction perspective and also from a cost and constructability
perspective.
BOXELDER BASIN REGIONAL STORMWATER AUTHORITY
EAST SIDE DETENTION FACILITY (ESDF)
Siting Study Summary
3 of 3
BOXELDER BASIN REGIONAL STORMWATER AUTHORITY
SPECIFIC ISSUES AND RESPONSES
Summary Listing
1 of 3
Specific Issues and Responses
Issue: The BBRSA was only established to allow more development in the region.
Response: Flooding and stormwater drainage problems have long plagued the Boxelder Creek
watershed, particularly the developing area from just north of the Town of
Wellington, Colorado to just south of Timnath, Colorado. Major floods have occurred
in 1909, 1922, 1930, 1937, 1947, 1963, 1967 and 1969. In 1947, the Fort Collins
Coloradoan included a headline that read "Violent Rainstorm Floods Large Area;
Crop Losses Heavy". As much as five (5) inches of rain fell northwest of
Wellington, washing out bridges and flooding crops. Nearly 1,000 acres of grain,
alfalfa and corn crops were damaged. Heavy rains caused Boxelder Creek to
overflow its banks again in 1967 and resulted in the death of a mother and her three
daughters. The woman and her daughters drove into the flooded creek where it
passed over a county road southwest of Wellington. Floods that summer destroyed
county bridges seven times. The BBRSA was established to protect life safety,
reduce 100-Year floodplain extents, protect existing structures (including schools and
critical facilities), protect existing residences and businesses, reduce flood
overtopping of 33 roads and 4 irrigation canals, reduce the costs to construct new
stormwater infrastructure, improve emergency response, and reduce flooding on
currently undeveloped areas that will be developed in the future.
Issue: The BBRSA does not have the legal authority to collect stormwater service and plant
investment fund (PIF) fees.
Response: Article V of the BBRSA Intergovernmental Agreement outlines the provisions by which
the BBRSA is authorized and required to impose rates, fees and charges on property
within the BBRSA Service Area to fund the regional stormwater improvements.
Issue: The BBRSA does not have the legal authority to acquire real estate by eminent
domain through the process of condemnation.
Response: The power of eminent domain for the Authority stems from two independent
sources. The Authority is created pursuant to C.R.S. § 29-1-203 and C.R.S. § 29-1-
204.2, which allows any combination of municipalities, special districts and other
political subdivisions of the states, which includes counties, to form a water
resources or drainage authority through contract between the parties for the
purpose of developing water resources or drainage facilities. See C.R.S. § 29-1-
204.2(1). By entering into the Intergovernmental Agreement for Stormwater
Cooperation and Management (“Agreement”), the City of Fort Collins, the Town of
Wellington and Larimer County formed the Authority in conformance with C.R.S. §
29-1-204.2. It should also be noted that the Agreement is also the type of
agreement authorized by C.R.S. § 29-1-203 for the formation of an
intergovernmental authority.
The Authority also has an independent power of condemnation as a result of its
creation as an intergovernmental entity pursuant to C.R.S. § 29-1-203. C.R.S. § 29-
1-203 allows counties and municipalities to contract with one another to create
governmental entities to carry out agreed- upon functions. As pointed out previously,
the Agreement is the type of contract contemplated by C.R.S. § 29-1-203. One of
ATTACHMENT 4
BOXELDER BASIN REGIONAL STORMWATER AUTHORITY
SPECIFIC ISSUES AND RESPONSES
Summary Listing
2 of 3
the powers granted by the signatories is the power to condemn property for public
use. Agreement, Art. III, Section 3.01(f). This power includes the ability to acquire
any interest in property, including a fee interest. As pointed out in Durango
Transportation, Inc.v. City of Durango, 824 P.2d 48 (Colo. App. 1991), when an
entity is created by governmental agreement, it has all of the powers authorized to
each of the participants to the agreement. See Durango Transportation at p. 51.
Each of the signatories to the Agreement has the power to condemn property for
public purposes including drainage. Wellington is a statutory municipality with the
power of condemnation granted by C.R.S. § 31-35-402(1)(a). Larimer County is
granted the power to condemn for water and drainage facilities by C.R.S. § 30-11-
107(1)(w). The City of Fort Collins has the power to condemn for public use as
granted by Art. IV, Sec. 14 of its Charter. Since the power to condemn property for
water and drainage purposes is common to all of the signatories to the Agreement,
the Authority may exercise the power to condemn any interest in property.
Issue: The BBRSA Board of Directors does not vote to go into executive session.
Response: The executive sessions are listed on the agenda for each Board meeting. The Board
has voted whether or not to go into Executive Session every time. This is
documented in the meeting minutes for every Board meeting. The BBRSA Manager
reads the relevant CRS provisions to the Board of Directors prior to every Executive
Session. The Executive Session is recorded in accordance with state law.
Issue: The City of Fort Collins is violating its Home Rule Charter by paying the debts and
liabilities (i.e. stormwater service and PIF fees) of private parties (property owners
within the BBRSA Service Area). The City of Fort Collins has not contracted with the
BBRSA.
Response: Article V, Section 5.04 of the BBRSA Intergovernmental Agreement specifically
outlines and states that the BBRSA members have the option to pay the BBRSA
directly in lieu of having the BBRSA collect fees. The Intergovernmental Agreement
does not deprive any Member of its inherent power to charge for stormwater services
and facilities within its boundaries.
Issue: The BBRSA Board of Directors never adopted or approved fee schedules.
Response: The BBRSA Board of Directors adopted fee schedules for both stormwater service
fees and stormwater system development fees by Resolution 2008-1 and Resolution
2008-2, respectively on December 8, 2008. Photocopies of the resolutions are
provided as Attachment E.
Issue: The City of Fort Collins has not properly budgeted for or audited the funding provided
to pay the stormwater service and PIF fees to the BBRSA.
Response: The City has budgeted for the payment of these fees to the BBRSA as part of its
normal budgeting cycle. Please reference Attachment F which shows that the
BBRSA funds were included in the City’s 2013-14 Budgeting for Outcomes process.
BOXELDER BASIN REGIONAL STORMWATER AUTHORITY
SPECIFIC ISSUES AND RESPONSES
Summary Listing
3 of 3
Issue: The BBRSA has not followed proper statutes because it has issued Letters of Intent
to acquire and is proceeding with condemnation and it has not voted to proceed with
condemnation.
Response: The BBRSA Board has not started condemnation proceedings. It does not have to
vote prior to sending the Notices of Intent to acquire. If negotiations fail, or if it
appears that they will, the BBRSA Board would have to vote prior to proceeding with
the use of eminent domain.
Issue: The BBRSA regional stormwater improvement projects are taking a substantial
amount of agricultural land out of production.
Response: This is inaccurate. The only project that directly impacts agricultural land is the East
Side Detention Facility (now known as the Gray Lakes Detention Facility). The
existing “Day” parcel comprises 205 Acres, of which 192 acres are farmland.
Approximately 149 Acres of the parcel is currently in the 100-Year floodplain.
Construction of the detention reservoir requires the acquisition of 57 Acres which
reduces the amount of land available for agricultural use to 135 Acres. All of the
remaining agricultural land will have been removed from the 100-Year floodplain and
will not be subject to flood damage during a storm event. It is also important to note
that the same land could also be developed on in the future if the property owner so
chooses.
Issue: The CWCB will not approve the proposed loans to the BBRSA because the BBRSA
must already own the property in fee simple. CWCB loans cannot be used for
property acquisition.
Response: This is inaccurate. The CWCB has confirmed that funds are available for land
acquisition but cannot be used for the legal costs associated with the condemnation
process. Further discussions are anticipated with CWCB in early January 2014 to
clarify and finalize the loan funding approach and process.
Issue: The BBRSA is no longer following the original Master Plan and therefore the
proposed improvements are not in alignment with the original intent.
Response: This is inaccurate. It is important to note that the Original Master Plan was a
conceptual document. The potential use of the Gray Lakes site (upstream of County
Road 50) is actually included in the original Boxelder Creek Master Plan as
Alternative 5. The Selected Alternative (5A) from the Master Plan proposed the
regional detention storage be located at the “Edson Reservoir” location upstream of
County Road 60. During the course of design, it was determined that the
improvements as originally envisioned in the original Master Plan would need to be
modified based on design constraints, construction feasibility and impacts and costs.
As is the case with all such efforts, the final design sometimes necessitates changes
to the original concept as design efforts and site investigations become more refined.
As a result, the final proposed use of the Gray Lakes site for construction of the
regional detention facility both meets the physical constraints and is in keeping with
the alternative solutions outlined in the original Master Plan.
ATTACHMENT 5
SAFE COMMUNITY
Packages and Offers Budget Years: 2013 - 2014
182.1 2013 - $255,000
2014 - $265,000
Boxelder Basin Regional Stormwater Authority - Funded
The Boxelder Basin Regional Stormwater Authority (BBRSA) was established in 2008 by an intergovernmental agreement (IGA) among the City of Fort
Collins, Larimer County and the Town of Wellington. The BBRSA is managed by a 5-member Board of Directors. Each government appoints one director,
and there are two jointly-appointed directors (Fort Collins/Larimer County and Wellington/Larimer County). Each government provides financial and staff
support to the BBRSA, which includes annual stormwater fees.
This offer provides funding for the City's 2013 and 2014 annual payment of stormwater service fees and plant investment fees to the BBRSA. The
Boxelder Basin Regional Stormwater Master Plan was adopted and an IGA created to design and construct stormwater improvements to address flood
mitigation and protection within the Boxelder and Cooper Slough stormwater drainage basins.
190.1 2013 - $857,551
2014 - $873,561
Police Administration - Funded
This offer funds the salary, benefits and associated costs for the seven positions housed in Police Administration, including the Chief of Police, Assistant
Chief, and the department's administrative staff.
Note: The Northern Colorado Drug Task Force pays 25% of a finance position because Fort Collins Police is the fiscal manager for the Task Force.
190.2 2013 - $213,135
2014 - $215,559
Police Logistics - Funded
This offer funds the shared department logistical expenses for Police Services. Such expenses include: copy machine rental, postage, tuition
reimbursement, dry cleaning services, summons forms, and office supplies, which allow Police to provide high-quality, efficient community service.
192.1 2013 - $843,091
2014 - $861,349
Police Hiring and Ongoing Training - Funded
This offer funds personnel and functions of the Training Unit, which includes one sergeant, three officers, a police supply technician, an administrative
assistant and a part-time hourly position that is responsible for the maintenance of the indoor firearms range. Associated non-personnel operational costs
include: Training Unit, Firearms, Indoor Firearms Range, Defensive Tactics, and Hiring/Promotional. The Training Unit and Internal Affairs (Offer 192.2)
comprise the Professional Standards unit that reports to the Professional Standards Lieutenant.
This unit coordinates all sworn and non-sworn training, recruitment, selection and hiring, promotional processes, and certification maintenance, and
serves as the custodian for all agency training records. The indoor shooting range budget includes the cost of ammunition for the entire agency.
296
ATTACHMENT 6
1
Boxelder Basin Regional
Stormwater Authority (BBRSA)
City Council Work Session
January 28, 2014
UPDATE
2
Boxelder Basin Regional Stormwater Authority
• 2008 Intergovernmental Agreement (IGA)
• Members à Fort Collins, Larimer County, and Wellington.
• Timnath is a financial partner (Separate IGA with the BBRSA)
Three remaining projects à $11.75 Million
1. East Side Detention Facility (ESDF)
2. Larimer & Weld Canal Crossing Structure (LWCCS)
3. County Road 52 Improvements (CR 52)
• Colorado Water Conservation Board (CWCB) loans
• CR 52 IGA – Fort Collins/Larimer/Timnath to share equally
in splitting additional costs ($1.04 Million)
• Very high Benefit/Cost Ratio à 3.95
BBRSA Executive Summary
Three remaining projects à $11.75 Million
1. East Side Detention Facility (ESDF)
2. Larimer & Weld Canal Crossing Structure (LWCCS)
3. County Road 52 Improvements (CR 52)
3
Boxelder
Creek
Existing
100-Year
Floodplain
4
à Since 2005 (8 years)
à Potential Loss of life
à Roads overtop
à Floodplain impacts 4,900
Acres
à Split flows & diversions
à “Boxelder Creek Regional
Stormwater Master Plan”
Boxelder Alliance
“The Boxelder watershed remains on the Top 10 list of high risk
watersheds in the State of Colorado …”
Kevin Houck, CWCB Chief of Watershed and Flood Protection
5
Boxelder Creek Regional Stormwater
Master Plan (October 2006)
Boxelder Creek Regional Stormwater Master Plan
Table ES-1 Estimated Existing Damages Summary (100-Year Flood)
Reach/Entity
Est. Present Worth
Damages
Structures
Impacted
No. of Roads
Overtopped
By Jurisdiction
Larimer County/City of Fort Collins $76.9 Million 400 24
Town of Wellington $29.5 Million 220 4
Town of Timnath $3.4 Million 50 5
Total $109.8 Million 670 33
6
Boxelder Creek Regional Stormwater
Master Plan (October 2006)
REGIONAL STORMWATER
PROJECTS -- PHASE 1
• Diversion of Coal Creek to
Clark Reservoir
• Edson (East Side)
Detention Reservoir
• Middle Boxelder Creek
Stream Improvements
• Larimer and Weld Crossing
Structure
7
Boxelder Basin Regional Stormwater
Stormwater Authority (BBRSA)
v August 20, 2008
(Fort Collins,
Larimer County and
Wellington)
v Purpose à fund and
implement the
regional stormwater
improvements.
v SW improvements
benefit the citizens
of Fort Collins
8
Boxelder Basin Regional Stormwater
Stormwater Authority (BBRSA)
9
BENEFITS
• 103 Acres of land (shown in red)
removed from the 100-Year
Floodplain
• 101 structures were removed
from the 100-Year Floodplain
(includes 2 schools) by Letters of
Map Revision (LOMRs)
• Another 31 structures were
removed from the 100-Year
Floodplain by approved Letters
of Map Amendments (LOMAs)
COAL CREEK FLOOD
MITIGATION PROJECT
10
Jan 17, 2013
BBRSA
Government
Partners
Joint Meeting
Boxelder Basin Regional Stormwater
Stormwater Authority (BBRSA)
11
Boxelder Basin Regional Stormwater
Stormwater Authority (BBRSA)
Master Plan Revisions
Updated Master Plan and Key Considerations include:
Ø East Side Detention Facility (ESDF)
Ø Introduction
Ø Feasibility Studies and Siting of the ESDF
Ø Timnath Financial Participation, Related
Projects, CWCB Loan, IGA's
Ø County Roads between CR48 and CR60
Ø New IGA Between Fort Collins, Larimer County and
Timnath (TDA)
12
BBRSA – Benefits/Costs
13
Sources
* City of Fort Collins Selected Plan for Boxelder creek/Cooper Slough, ACE, April 2004
** Boxelder Creek Regional Stormwater Master Plan, PBS&J, October 2006
*** Boxelder Creek Regional Stormwater Master Plan, PBS&J, October 2006
for County Roads 54, 52, 50, 48 and SH 14 (All are with the GMA)
**** Construction cost estimate by Garney, December 2013
City of Fort Collins Benefits
Location City of Fort
Collins Master
Plan Project
Costs – without
ESDF
City of Fort
Collins Master
Plan Project
Costs – with
ESDF
Savings with
ESDF in place
Cooper Slough at
Mulberry
$15,300,000* $4,000,000** $11,300,000
Boxelder Creek at
Prospect Road
$6,100,000** $4,000,000**** $2,100,000
Road Crossing
Improvements on
Boxelder creek
$6,000,000*** $0 $6,000,000
Total $27,400,000 $8,000,000 $19,400,000
14
Fort Collins Benefits -- Cooper Slough
BENEFITS
• $11.3 Million Savings
• Removes approx. 130 Acres
from floodplain
• Reduces floodplain damages
• 90 structures N. of
Mulberry
• Properties S. of
Mulberry
15
Fort Collins Benefits – Boxelder Creek
BENEFITS
• $6 Million Savings (CR 54,
52, 50, 48 and S.H. 14)
• $2.1 Million savings --
Boxelder Creek/Prospect Rd
• Removes from Floodplain
• 650 Acres (GMA)
• 1630 Acres (Boxelder)
• Eliminates Boxelder
Overflow Floodplain
16
Boxelder Basin Regional Stormwater
Stormwater Authority (BBRSA)
EAST SIDE DETENTION
• "Edson Reservoir" site
• Reduction of downstream
flows at County Roads
• Original site à insufficient
detention volume and would
require condemnation of homes
• East Side Detention Facility
(ESDF)
17
Boxelder Basin Regional Stormwater
Stormwater Authority (BBRSA)
EAST SIDE DETENTION
• 2010 Siting Study
• Over 10 sites – See Map
• AIS -- Detailed description
• Current location is best site
18
Boxelder Basin Regional Stormwater
Stormwater Authority (BBRSA)
Timnath Participation
• Existing Blockage of culverts under I-25
• Goal à Reduce flows such that culverts can be
unplugged by increasing size of ESDF
• Opening the culverts = eliminates Boxelder
overflow floodplain through Timnath
• Timnath IGA with BBRSA à $500,000 plus fund
25% (approximately $2.5 Million) of the costs to
design and construct the larger ESDF and LWCCS
19
Boxelder Basin Regional Stormwater
Stormwater Authority (BBRSA)
Boxelder / Prospect Road Improvements
• Amendment to Fort Collins / Timnath IGA
• Fort Collins saves approximately $4.1 Million:
• $2.1 Million savings in total estimated project
costs (from $6.1 Million to $4 Million).
• $2.0 Million savings as a result of 50/50 cost
share of project costs
• $1.75 Million of City’s share will be freed-up escrow
funds
20
Boxelder Basin Regional Stormwater
Stormwater Authority (BBRSA)
County Roads Between
CR 48 and CR 60
• June 2013 – Approach
• Relative benefits and
costs between the two
pond sites
• Exhibit shows a deficit
of approximately
$800,000
• County Road 52 IGA
21
Boxelder Basin Regional Stormwater
Stormwater Authority (BBRSA)
CWCB Loan Status
• 2 original CWCB loans approved by the CWCB
Board on May 14, 2013.
• The third CWCB loan approval is scheduled for
January 27, 2014.
• CWCB Staff confirmation that funds will be
available after acquiring necessary real estate
22
Boxelder Basin Regional Stormwater
Stormwater Authority (BBRSA)
Issuance of Debt
First Amendment to original Boxelder IGA
• Section 2.05 (f) -- All member entities must
agree to the issuance of debt by the BBRSA.
• Approved issuance of debt based on the CWCB
loan applications for ESDF and LWCCS
• Executed by Fort Collins and Wellington
• Scheduled for approval by Larimer County
23
Boxelder Basin Regional Stormwater
Stormwater Authority (BBRSA)
Real Estate (Land) Acquisition - Status
• Negotiations in progress
• The BBRSA is in the process of negotiating the
acquisition of land from impacted properties.
• Letters of intent to acquire distributed.
• Eminent Domain only if negotiations fail
• BBRSA Board of Directors
24
Boxelder Basin Regional Stormwater
Stormwater Authority (BBRSA)
Eminent Domain
The AIS describes in detail that the power
of eminent domain for the BBRSA stems
from two independent sources:
1. BBRSA is authorized to condemn
(C.R.S. § 29-1-204.2)
2. Boxelder IGA Provision
(C.R.S. § 29-1-203)
25
Boxelder Basin Regional Stormwater
Stormwater Authority (BBRSA)
SCHEDULE
26
Boxelder Basin Regional Stormwater
Stormwater Authority (BBRSA)
RESPONSES TO SPECIFIC INQUIRIES
Attachment D of the AIS Memo provides detailed
responses to specific inquiries regarding the
BBRSA. Previous slides addressed many of the
issues including:
• Purpose and benefits
• East Side Detention Pond Siting
• CWCB Loan Approvals
• Legal authority to issue debt
• Authority to use eminent domain
27
Boxelder Basin Regional Stormwater
Stormwater Authority (BBRSA)
RESPONSES TO SPECIFIC INQUIRIES
• Article V -- BBRSA is authorized and required
to impose stormwater rates, fees
and charges
• BBRSA Board of Directors Executive Sessions
• Article V -- Members have the option to pay
the stormwater fees directly to
BBRSA
• Fort Collins budgets for these payments
• BBRSA Stormwater Fee Schedules
28
DAY PROPERTY
PRE-PROJECT
29
DAY PROPERTY
FLOODPLAIN
REMOVED
30
DAY PROPERTY
FARMLAND
REMAINING
31
Boxelder Basin Regional
Stormwater Authority (BBRSA)
SUMMARY