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HomeMy WebLinkAbout2013-049-05/21/2013-AUTHORIZING THE EXECUTION OF THE FIRST AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT ESTABLISHING THE RESOLUTION 2013-049 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE EXECUTION OF THE FIRST AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT ESTABLISHING THE BOXELDER BASIN REGIONAL STORMWATER AUTHORITY WHEREAS,on July 15,2008,the City Council approved Resolution 2008-068,authorizing an intergovernmental agreement with Latimer County and the Town of Wellington to form the Boxelder Basin Regional Stormwater Authority (the "Authority"), to fund and implement the regional stormwater improvements outlined in the Boxelder Regional Stormwater Master Plan(the "Master Plan"); and WHEREAS,on August 20,2008,the intergovernmental agreement to form the Authority(the "Agreement') was finalized and signed by all parties, and the administration of the Authority was subsequently organized; and WHEREAS,since its organization,the Authority has completed the design and construction of the Coal Creek Flood Mitigation Project and has preliminarily designed the two remaining regional stormwater projects contemplated in the Master Plan; and WHEREAS, in order to move forward with the remaining projects, the Authority has identified funding in the form of a loan from the Colorado Water Conservation Board ("CWCB"), to be repaid with Authority stormwater fees collected from within the Authority's service area; and WHEREAS,the Agreement calls for the members of the Authority to approve any borrowing by the Authority; and WHEREAS, in addition to the approval of the proposed borrowing from CWCB,the Board of Directors of the Authority (the "Board") has recommended that the members of the Authority amend the Agreement to designate certain non-tributary areas and provide for fee credits to areas within the Authority service area that do not contribute stormwater flows to the Basin; and WHEREAS, the Board has further recommended that the members of the Authority amend the Agreement to sunset the Authority upon completion of the remaining Master Plan projects, payment of all debt incurred, and agreement among the members as to continuing obligations for ownership, operation and maintenance of the improvements constructed by the Authority; and WHEREAS, a First Amendment to the Agreement reflecting the recommendations of the Board has been prepared by Authority staff(the "First Amendment"), and is attached hereto as Exhibit "A" and incorporated herein by this reference; and WHEREAS, the Town Board of Wellington has approved the First Amendment in substantially the form attached hereto; and WHEREAS, the City Manager has recommended that the City Council approve the First Amendment. ' NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby finds that the approval of the First Amendment is in the best interests of the City in order to facilitate the completion of the Master Plan improvements and provide for the fulfillment by the Authority of its intended purposes and objectives for stormwater improvements in the Boxelder Basin. Section 2. That the City Council hereby approves the First Amendment and authorizes and directs the Mayor to execute the First Amendment on behalf of the City in substantially the form attached hereto as Exhibit"A," together with such additional or modified terms and conditions as the City Manager,in consultation with the City Attorney,determines to be necessary and appropriate to protect the interests of the City and advance the purposes set forth in this Resolution. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 21 st day of May A.D. 2013. FORT - ATTEST: ' ;ycn �aA& U 5���' City Clerk COIGFtp00 EXHIBIT A 05-10-2013 FIRST AMENDMENT TO INTERGOVERNMENTAL AGREEMENT FOR STORMWATER COOPERATION AND MANAGEMENT THIS FIRST AMENDMENT entered into this day of 2013, by and among the BOARD OF COMMISSIONERS OF LARIMER COUNTY, COLORADO, (the "County"), the CITY.OF FORT COLLINS, COLORADO, a municipal corporation (the "City'), and the TOWN OF WELLINGTON, COLORADO, a statutory municipality (the "Town"), collectively referred to as the "Members". WITNESSETH: WHEREAS, the Members entered into the Intergovernmental Agreement for Stormwater Cooperation and Management on August 20`h, 2008 (the "IGA") for the purpose of creating the Boxelder Basin Regional Stormwater Authority (the "Authority"); and WHEREAS, the Authority has, pursuant to the Boxelder Creek Regional Stormwater Master Plan dated October 2006 ("Master Plan"), proceeded to construct and complete the Coal Creek Flood Mitigation Project; and WHEREAS, the Authority has determined that two remaining projects are necessary to meet the flood mitigation and drainage goals of the Master Plan; and WHEREAS, the Authority has preliminarily designed the East Side Detention Facility also known as the Gray Lakes Project and the Larimer/Weld County Crossing Structure (the "Projects") which are the two projects the Authority has determined need to be constructed to meet the goals of the Master Plan; and WHEREAS, the Authority has determined, through preliminary design, that the cost of the Projects is estimated at $9.9 million; and WHEREAS, the Authority has entered into an Intergovernmental Agreement dated November 15, 2012, (the "Timnath IGA") between the Authority and the Timnath Development Authority of Colorado ('TDA") which provides that TDA shall participate in the funding of the Projects; and WHEREAS, pursuant to the Timnath IGA, the TDA has transferred $500,000 to the Authority for use by the Authority in the continuing design of the Projects; and WHEREAS, pursuant to the Timnath IGA, the TDA will reimburse the Authority for 25% of the costs of the Projects incurred after the transfer of the $500,000 to the Authority; and WHEREAS, the Authority has determined the most cost efficient method of funding the Projects is obtaining a loan through the Colorado Water Conservation Board ("CWCB"); and WHEREAS, the CWCB loan requires a 10% local match resulting in a $9.0 million loan. This match will be the responsibility of the Authority with TDA reimbursing the Authority 25% of the match pursuant to the Timnath IGA; and WHEREAS, the Authority has met with the Members and reviewed the design and construction of the Projects, the funding of the Projects, and the terms and conditions of the proposed loan from CWCB; and WHEREAS, the Authority has requested the Members amend the IGA to allow the Authority to move forward with the funding and construction of the Projects; and WHEREAS, upon completion of the Projects, payment of all debt incurred by the Authority for the construction of the Projects, and agreement among the Members as to any continuing obligation for operation and maintenance of any Authority projects, there is no longer any need to continue with the Authority; and WHEREAS, the Authority and the Members have also determined that the Authority should have the right to make minor revisions to properties within the Service Area of the Authority by designating areas as "non-tributary areas", and grant fee credits to other areas within the Service Area; and WHEREAS, the Members have determined to enter into this First Amendment in order to address the funding and construction of the Projects, the granting to the Authority the right to provide fee credits to appropriate properties within the Service Area, and the termination of the Authority. NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Members hereto agree as follows: 1. Article II of the IGA shall be amended by the addition of Section 2.10 to read as follows: Section 2.10 Service Area Revisions. The Authority shall have the authority to make minor revisions to the Service Area by designating properties as "Non- Tributary Properties" or grant fee credits to other properties within the Service Area as follows: 2 (a) The Authority may, on a case by case basis, determine that individual properties in the Service Area are not tributary to the Boxelder Basin; and based upon that determination, remove th"ose properties from the Service Area of the Authority. Any such removal shall be communicated to the Members in order for the individual Member to make appropriate adjustment in its fee structure. (b) The Authority may designate areas in the Service Area as "100 percent fee credit" properties based upon the following criteria: 1. There are properties located within the Service Area which as of the date of this Amendment drain into Soil Conservation Service/Natural Resources Conservation Service dam-impounded lakes and decreed irrigation reservoirs that in 100 year storm event release upstream waters at a rate less than or equal to the release from an historic two year storm event. This effectively provides mitigation of downstream flood damage. These properties are eligible for 100% fee credit on the annual stormwater service fee as long as these conditions continue. 2. If residential (dwelling) or commercial structure lies within a sub-basin area that drains to a lake, pond and/or depressed feature, which does not contribute runoff to the Boxelder Basin during a 100 year storm, the.sub- basin shall be considered to be a non-tributary sub-basin and the individual property containing the residence (dwelling) or commercial structure is eligible for 100% fee credit on the annual stormwater service fee as long as the conditions do not change. The criteria for the Authority's determination of such a sub-basin area being a non-tributary sub-basin is set forth on Exhibit A attached hereto and incorporated herein by reference. (c) If the Service Area boundary intersects any portion of a residential (dwelling) structure, then the property upon which the residence is located shall be assessed 50% of the annual stormwater service fee. (d) All fee credits shall be given on a calendar year basis. The Authority shall provide each individual Member with the 100% fee credit and 50% assessed properties located within each Member's jurisdiction for the purpose of allowing the Member to calculate credits for any properties entitled to fee credits. 2. The IGA shall be amended by the addition of the following two Articles: 3 ARTICLE IX EAST SIDE DETENTION FACILITY/GRAY LAKES AND LARIMER/WELD COUNTY CANAL CROSSING STRUCTURE PROJECTS FUNDING. Section 9.01 The Members hereby agree to authorize the Authority to apply for and receive a loan from the Colorado Water Conservation Board for the design and construction of the Projects upon the following terms and conditions: (a) The amount of the loan from the CWCB shall not exceed the principal sum of $9 million. . (b) The Authority shall be responsible for the local match which is 10% of the principal sum of the loan. The 25% TDA reimbursement shall be shall be part of the local match. (c) The term of the loan shall not exceed fifteen (15) years. (d) The interest rate on the loan shall not exceed 2.75% APR. (e) The Members shall provide any documentation or authority required by the CWCB of the Members for the Authority to obtain and close this loan. ARTICLE X TERMINATION OF AUTHORITY Section 10.01 The Members agree that the Authority shall terminate upon the occurrence of the following events: (a) Completion of the East Side Detention Facility/ Gray Lakes and LarimerM/eld County Canal Crossing Structure projects. (b) Payment in full of the loan from the CWCB and any other obligations of the Authority. (c) Agreement among the Members with regard to any continued obligation of the Authority which extends beyond the termination of the Authority including, but not limited to, operation and maintenance responsibilities for the 4 Coal Creek Flood Mitigation, the East Side Detention Facility/ Gray Lakes, and LarimerM/eld County Canal Crossing Structure projects. (d) Agreement among the Members as to payment of any Authority obligation to the Members for matching funds of the Members for the FEMA Pre- Disaster Mitigation Grant in the approximate amount of one million dollars ($1,000,000). (e) Agreement among the Members as to the disbursement of any revenues of the Authority which remain after the Authority has finalized all of the administrative and organizational requirements necessary to terminate the Authority including, but not limited to, any required budgets, audits, and filings with any state or federal authority. Upon the occurrence of all of the above contingencies, the Authority shall terminate. 3. This Amendment shall be effective upon the execution of the First Amendment by all of the Members. BOARD OF COUNTY COMMISSIONERS LARIMER COUNTY, COLORADO By: Chair ATTEST: Deputy Clerk APPROVED AS TO FORM: Assistant County Attorney 5 THE CITY OF FORT COLLINS, COLORADO A Municipal Corporation By: Mayor ATTEST: City Clerk APPROVED,AS TO FORM: Deputy City Attorney THE TOWN OF WELLINGTON, COLORADO A Statutory Municipality By: Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney 6 EXHIBIT A Policy for Non-Tributary Sub-Basin: If a residential (dwelling) or commercial structure lies within a Sub-Basin area that drains to a lake, pond and/or a depressed feature that can be shown to not contribute runoff to the Boxelder Basin during a 100-year storm, then the Sub-Basin will be considered to be a Non-Tributary Sub-Basin and the owner of the residential (dwelling) or commercial structure will be given a 100% fee credit on the annual stormwater service fee as long as the conditions don't change. Option A: The following method can be used to determine if the Sub-Basin area in question is a Non-Tributary Sub-Basin: Step 1: Determine the entire drainage area for the basin, using the best available topographic data. . Step 2: Determine the percent impervious area for the entire drainage area based on best available aerial imagery. Using Table RO-5 in Volume 1 of the Urban Storm Drainage-Criteria Manual determine the associated 'C' value for Type C and D soils (Table attached). Step 3: Using the Rational Method Formula: Q=ciA Determine the volume of runoff for the closed basin area assuming a 2-hour design storm with a total depth of 3.67 inches. Multiply the volume by 2 to account for prior rainfall events. Step 4: Determine the volume of storage available within the pond, lake or depressed area being sure to account for the normal water surface elevation if there is one. Step 5: Compare the volume of runoff with the volume of storage available. If the volume of runoff is less than the volume of storage then the basin is a Non- Tributary Sub-Basin. Option B: The property owner can hire an engineer to prepare a ModSWMM computer model of the basin and storage area and prove through modeling that the basin is Non- Tributary. The Authority may require a property receiving a fee credit draining to a Non-Tributary Sub-Basin to provide a legal easement which permanently dedicates the available storage volume for stormwater management purposes. 7