HomeMy WebLinkAbout2012-090-09/18/2012-AUTHORIZING THE MAYOR TO SIGN ADDITIONAL INTERGOVERNMENTAL AGREEMENTS REGARDING FUNDING OF CACHE LA RESOLUTION 2012-090
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE MAYOR TO SIGN ADDITIONAL
INTERGOVERNMENTAL AGREEMENTS REGARDING
FUNDING OF CACHE LA POUDRE WATERSHED MITIGATION
IN RESPONSE TO THE HIGH PARK FIRE
WHEREAS, the High Park Fire, which began on June 9, 2012 and ended on July 11,
2012, has affected the Cache la Poudre watershed (the "Watershed"); and
WHEREAS,a formal assessment of the impacts of the High Park Fire has been prepared
by an interagency Burned Area Emergency Response(`BAER") team, consisting of the Natural
Resources Conservation Agency ("NRCS"), Larimer County (the "County"), the Colorado
Department of Transportation("CDOT")and the U.S. Forest Service ("USFS"),and was issued
on July 17, 2012 (the "BAER Report"); and
WHEREAS, considering the severity of the impacts of the High Park Fire, and the
resulting potential for increased soil erosion and related cumulative effects from increased peak
runoff flows and sediment laden flows, and other related impacts, the BAER Report concluded
that the High Park Fire has resulted in emergency conditions for roads, recreation, water
diversion infrastructure, water quality degradation, flood hazard, debris flow hazard, and road
washout hazard, each of which pose a very high level of risk of major loss to human life, safety
and property; and
WHEREAS, in addition,the BAER Report identifies other related emergency conditions
created by the High Park Fire, such as the risk related to recovery of native vegetation, and
identifies a high level of risk to cultural and heritage resources; and
WHEREAS, recent rain events have demonstrated the negative effects of erosion in the
Watershed and on the Cache la Poudre River (the "Poudre River"), a key water source for the
City; and
WHEREAS, in view of the foregoing, there is an urgent need for the City and other
entities that will experience the impacts identified in the BAER Report to act quickly to mitigate
the conditions in the Watershed so as to reduce the potential for these emergency conditions and
related risk to human life, safety and property; and
WHEREAS, the Watershed is largely located on land not owned by the City;
consequently, it is necessary to work with federal and state agencies, the City of Greeley,
(`Greeley"),the Tri-Districts(Fort Collins-Loveland Water District, East Latimer County Water
District, and North Weld County Water District) (the"Districts"), and the County to develop an
erosion mitigation plan to effectively address the negative effects of rain, erosion and sediment
transport due to rain on the burn area; and
WHEREAS, these Watershed mitigation efforts will be coordinated through the NRCS,
which administers a program called the Emergency Watershed Protection ("EWP") program that
is designed to prescribe and facilitate recovery measures that are environmentally and financially
sound; and
WHEREAS, the City has worked with local, state and federal agencies to secure possible
recovery funding; and
WHEREAS, at this time, no substantial state or federal funding has been identified for post
fire recovery efforts specific to water supplies; and
WHEREAS, City staff has worked with representatives of Greeley, the Districts, and the
County to develop a plan to move forward with and jointly fund and support that Watershed
mitigation work ; and
WHEREAS, on August 21,2012,the City Council adopted Emergency Ordinance No. 088,
2012,appropriating$626,015 in prior year reserves in the Water Fund for High Park Fire mitigation
work in the highest priority mitigation area, 1152 acres in size,known as Hill Gulch(the"Hill Gulch
Work"); and
WHEREAS, on August 21, 2012, the City Council also adopted Resolution 2012-079,
authorizing intergovernmental agreements with Greeley,the Districts and NRCS to carry out the Hill
Gulch Work; and
WHEREAS, the City has entered into an agreement with Greeley and the Districts, and has
worked with them, as well as with NRCS, in order to proceed with the Hill Gulch Work, using a
reclamation contractor already under contract with Greeley; and
WHEREAS, in order to continue progressing with the Watershed mitigation work, which
includes reseeding and mulching work on as many of the additional 4,498 acres identified in the
BAER Report as critical for stabilization of the Watershed as circumstances allow,the City,Greeley
and the Districts have proposed to continue to fund that work in areas of highest priority at shared
cost (the "Highest Priority Mitigation Work'); and
WHEREAS, the City, Greeley and the Districts expect to continue to share the costs of the
Highest Priority Mitigation Work, although specific cost shares for each portion of said Work have
not been finally determined; and
WHEREAS, on this date, the City Council has adopted on second reading Ordinance No.
098, 2012, appropriating additional prior year reserves in the Water Fund in the amount of
$2,000,000, for additional High Park Fire mitigation work; and
WHEREAS, in order to provide for cooperative cost sharing with Greeley and the Districts
for the Highest Priority Mitigation Work, the City will need to enter into one or more
intergovernmental agreements with Greeley and the Districts,to address each individual geographic
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mitigation area or group of geographic mitigation areas, to the extent funds are available, as the
work proceeds (the "Priority Mitigation IGAs"); and
WHEREAS, the Priority Mitigation IGAs will provide for the City to be responsible for no
more than fifty percent of the costs associated with the Highest Priority Mitigation Work, and will
limit the City's total obligation for that Work to no more than the funds appropriated in Ordinance
No. 098, 2012; and
WHEREAS, the Priority Mitigation IGAs will require that each portion of the Highest
Priority Mitigation Work be conducted in accordance with the requirements of the NRCS in order
to ensure eligibility for federal funds, should such funds become available, and will provide for
proportional reimbursement to the City in such event; and
WHEREAS, in addition, the County has agreed to work with landowners in the Highest
Priority Mitigation Work areas in order to obtain the authorizations necessary to carry out the Work;
and
WHEREAS,the City is authorized to enter into intergovernmental agreements,such as a grant
agreement, to provide any function, service or facility, under Article II, Section 16 of the Charter of
the City of Fort Collins and Section 29-1-203, C.R.S.; and
WHEREAS,the City Council desires that the City enter into one or more Priority Mitigation
IGAs, as described herein.
NOW, THEREFORE, BE IT RESOLVED BY COUNCIL OF THE CITY OF FORT
COLLINS that the Mayor is hereby authorized to execute one or more Priority Mitigation IGAs on
behalf of the City, in such specific form and number consistent with the terms of this Resolution as
the City Manager, in consultation with the City Attorney,determines to be necessary and appropriate
to protect the interests of the City or further the purposes of this Resolution.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 18th
day of September, A.D. 2012. /
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City Clerk
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