The URL can be used to link to this page

Home My WebLink AboutCOUNCIL - AGENDA ITEM - 07/01/2014 - SECOND READING OF ORDINANCE NO. 090, 2014, APPROPRAgenda Item 20 Item # 20 Page 1 AGENDA ITEM SUMMARY July 1, 2014 City Council STAFF Ken Sampley, Stormwater/Floodplain Program Mgr Ellen Switzer, Utilities Financial Operations Manager SUBJECT Second Reading of Ordinance No. 090, 2014, Appropriating Unanticipated Revenue in the Stormwater Fund to Design and Construct the Fort Collins / Timnath Boxelder Creek Flood Mitigation Projects. EXECUTIVE SUMMARY This Ordinance, adopted on First Reading on June 3, 2014, by a vote of 4-3 (Nays: Cunniff, Overbeck Poppaw), appropriates funds in the amount of $3,750,000 to design and construct the Fort Collins/Timnath Boxelder Creek Improvements, as outlined in the Sixth Amendment to the Fort Collins - Timnath Intergovernmental Agreement (IGA), as adopted by City Council under Ordinance No. 047, 2014 on April 1, 2014. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. Copy of First Reading Agenda Item Summary, June 3, 2014 (w/o attachments) (PDF) 2. Ordinance No. 090, 2014 (PDF) Agenda Item 23 Item # 23 Page 1 AGENDA ITEM SUMMARY June 3, 2014 City Council STAFF Ken Sampley, Stormwater/Floodplain Program Mgr Ellen Switzer, Utilities Financial Operations Manager SUBJECT First Reading of Ordinance No. 090, 2014, Appropriating Unanticipated Revenue in the Stormwater Fund to Design and Construct the Fort Collins / Timnath Boxelder Creek Flood Mitigation Projects. EXECUTIVE SUMMARY The purpose of this item is to appropriate funds in the amount of $3,750,000 to design and construct the Fort Collins/Timnath Boxelder Creek Improvements, as outlined in the Sixth Amendment to the Fort Collins – Timnath Intergovernmental Agreement (IGA), as adopted by City Council under Ordinance No. 047, 2014 on April 1, 2014. STAFF RECOMMENDATION Staff recommends adoption of this Ordinance on First Reading BACKGROUND / DISCUSSION In February 2009, Fort Collins and Timnath entered into an intergovernmental agreement (IGA) regarding Growth Management Areas (GMAs) for the two communities, associated issues authorizing the disposition of certain properties, and stormwater and floodplain issues associated with Boxelder Creek and the “Boxelder Creek Overflow Project.” There have been seven (7) amendments to the IGA. The Sixth Amendment to the IGA was adopted under Ordinance No. 047, 2014 at the April 1, 2014 Regular Council Meeting. The locations of the Fort Collins / Timnath Boxelder Creek Improvements and Boxelder Basin Regional Stormwater Authority (BBRSA) Regional Stormwater Improvements are shown on Attachment 1. The Fort Collins / Timnath Boxelder Creek Improvements consist of:  Lake Canal Crossing of Boxelder Creek -- A siphon and associated appurtenances to transport flows in the Lake Canal beneath Boxelder Creek just west of Interstate Highway 25.  Boxelder Creek Outfall and Prospect Road Improvements -- A side spill weir (split flow channel) and flood conveyance channel on Boxelder Creek upstream of Prospect Road along with six 12’ x 4’ concrete box culverts beneath Prospect Road west of Interstate Highway 25, associated utility relocations (i.e. electric, water, wastewater, gas and telecommunications), roadway restoration, and a flood conveyance channel south of Prospect Road to the Poudre River and associated appurtenances.  Boxelder Creek at Interstate Highway 25 (I-25) -- Drainageway and channel improvements and grading adjacent to and upstream (east) of I-25 and the opening of two existing blocked culverts beneath I-25. Agenda Item 23 Item # 23 Page 2 FINANCIAL / ECONOMIC IMPACTS The total cost of these projects is currently estimated to be $4,000,000. Fort Collins and Timnath have agreed to share equally in the costs to complete the projects. As outlined in the Sixth Amendment to the IGA, Fort Collins will be able to use the remaining funds ($1,750,000) placed into escrow as part of the original IGA towards its share of the project funding. Fort Collins will use existing appropriations from the Boxelder Authority project account in an amount up to $250,000 to fully fund fifty percent (50%) of the total cost of the Fort Collins/Timnath Projects. The parties agree that the escrowed funds, together with the additional Fort Collins funds, are intended as a match to payments by Timnath, or the TDA on behalf of Timnath, in the amount of $2,000,000 to complete the projects. Timnath, or the TDA on behalf of Timnath, will pay the $2,000,000 to Fort Collins who will manage the design and construction of the projects. ENVIRONMENTAL IMPACTS None of the Fort Collins / Timnath Boxelder Creek Improvements are located within a designated Fort Collins Natural Area. The reach of Boxelder Creek from the Lake Canal Crossing upstream to just east of I-25 (approximately 300 lineal feet) will be reconstructed to accommodate the opening of the two existing blocked culverts beneath I-25. The existing Lake Canal flume which extends over Boxelder Creek and is subject to failure in a flood event will be removed. The new flood conveyance channel upstream of Prospect Road will be constructed at an elevation 2-3 feet above the Boxelder Creek bed and will have minimal impact on the existing creek section. This new flood conveyance channel will extend southwesterly through new box culverts under Prospect Road and will outfall into a branch of the Poudre River downstream. No construction is anticipated within the 100-Year Poudre floodplain. The location, size and impacts of the stormwater improvements have been minimized to the extent reasonably possible and all construction activities and improvements shall be sensitive to the natural features of the affected property. Any area impacted by construction activities shall be restored to pre- construction natural conditions to the extent reasonably possible, using native vegetation. All appropriate environmental permitting including the Endangered Species Act (ESA) Clearance and USACE 404 Permit will be obtained. Council approved the Stormwater Quality Master Plan Update and associated Stream Rehabilitation Program and project priorities presented by Fort Collins Utilities Stormwater staff in mid-2012. This included analysis and a report from Colorado State University entitled “Assessments and Rehabilitation Decision Makin Framework for the Streams of Fort Collins (CSU Study) to help guide and prioritize future stream management and rehabilitation within the City. The Boxelder Creek / Cooper Slough Water Quality Master Plan Selected Plan is Attachment 2 to this memorandum. The reach of Boxelder Creek from the Lake Canal Crossing downstream to Prospect Road (identified as Reach 3-1 in the Boxelder Creek/Cooper Slough Master Plan) was identified for future stream rehabilitation and restoration improvements with a preliminary estimated cost of $780,000. It is priority number 35 within the Stream Rehabilitation program (see Attachment 3). Annual funding in the amount of $650,000 for 2013 and 2014 was approved by Council as part of the 2013-14 BFO process for stream rehabilitation and regional Best Management Practices (BMPs) projects. These funds have been allocated to the highest priority stream rehabilitation projects (Fossil Creek Reach 4-1 and Spring Creek Reach 1-5). Stream rehabilitation funding in the amount of $650,000 and $700,000 has been requested for 2015 and 2016, respectively, as part of the 2015-16 BFO process. Boxelder Creek Reach 3-1 would not typically be funded for 10-15 years given the current annual funding allocations. However, Stormwater staff is coordinating with the developer of the Interstate Land site located at the northwest corner of I-25 and Prospect Road to potentially design and construct the proposed stream rehabilitation projects in this reach over the next several years. PUBLIC OUTREACH Information on the Boxelder Basin Regional Stormwater Authority and progress on its regional projects is presented monthly at the BBRSA Board of Directors meeting which is held at 4:00 PM the fourth Wednesday Agenda Item 23 Item # 23 Page 3 of each month at the Leeper Center, 3800 Wilson Avenue, Wellington, Colorado. The Board Meeting agendas and minutes along with relevant studies, mapping and other information are available for review at the following BBRSA website hyperlink: http://www.boxelderauthority.org/. In addition, the BBRSA maintains a mailing list of parties who have expressed interest in receiving information and regularly distributes Board Meeting agendas and materials. The BBRSA also publishes and distributes a quarterly newsletter which provides information and updates on the authority and its programs. Comprehensive updates on the BBRSA were presented at the recent public meetings listed below:  January 28, 2014 City Council Work Session  February 26, 2014 BBRSA Board of Directors Work Session  March 18, 2014 Regular City Council Meeting  April 1, 2014 Regular City Council Meeting. ATTACHMENTS 1. Boxelder Creek Watershed -- Project Map (PDF) 2. Boxelder - Cooper Slough Stream Rehabilitation Selected Plan (PDF) 3. Stream Rehabilitation Program -- Priority Ranking Summary 06-03-14 (PDF) 4. PowerPoint Presentation (PDF) - 1 - ORDINANCE NO. 090, 2014 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING UNANTICIPATED REVENUE IN THE STORMWATER FUND TO DESIGN AND CONSTRUCT THE FORT COLLINS/TIMNATH BOXELDER CREEK FLOOD MITIGATION PROJECTS WHEREAS, in 2009 the City and the Town of Timnath entered into an intergovernmental agreement (“IGA”) regarding Growth Management Areas for the two communities, associated issues authorizing the disposition of certain properties, and stormwater and floodplain issues associated with Boxelder Creek and the “Boxelder Creek Overflow Project”; and WHEREAS, Ordinance No. 047, 2014, authorizing the Sixth Amendment to the IGA was approved on second reading on April 1, 2014, and the Sixth Amendment has since been signed by the parties; and WHEREAS, the Sixth Amendment identifies the scope and locations of the Fort Collins / Timnath Boxelder Creek Flood Mitigation Projects (the “Projects”); and WHEREAS, the total cost of the Projects is currently estimated to be $4,000,000, which amount Fort Collins and Timnath have agreed to share equally in order to timely complete the Projects; and WHEREAS, the City has an existing capital project appropriation of $250,000 which will be applied to project costs: and WHEREAS, the City is to receive $1,750,000 previously deposited in an escrow account for the construction of the Projects; and WHEREAS, the Town of Timnath is contractually obligated to contribute the remaining 50% of the total project costs, up to an amount of $2,000,000; and WHEREAS, Article V, Section 9, of the City Charter permits the City Council to make supplemental appropriations by ordinance at any time during the fiscal year, provided the total amount of such supplemental appropriations, in combination with all previous appropriations for that fiscal year, does not exceed the current estimate of actual and anticipated revenues to be received during the fiscal year; and WHEREAS, City staff have determined that the appropriation of the revenue as described herein will not cause the total amount appropriated in the Stormwater Fund to exceed the current estimate of actual and anticipated revenues to be received in that fund during any fiscal year; and WHEREAS, the City Council has found that appropriating unanticipated revenue in the Stormwater Fund for the purpose of designing and constructing the Fort Collins / Timnath - 2 - Boxelder Creek Flood Mitigation Projects will benefit the Stormwater Utility and City Stormwater ratepayers. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that there is hereby appropriated for expenditure from unanticipated revenue in the Stormwater Fund the sum of THREE MILLION SEVEN HUNDRED AND FIFTY THOUSAND DOLLARS ($3,750,000) for the Fort Collins/Timnath Boxelder Creek Flood Mitigation Projects. Introduced, considered favorably on first reading, and ordered published this 3rd day of June, A.D. 2014, and to be presented for final passage on the 1st day of July, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 1st day of July, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk