SUBJECT: Consent Agenda
Title
A Resolution of the Town Council of the Town of Erie Approving the Fifth Amendment to Agreement for Final Design, Right-of-Way Acquisition, and Construction of Drainage and Flood Control Improvements for Coal Creek from County Line Road to Kenosha Road with the Urban Drainage and Flood Control District d/b/a Mile High Flood District
Body
DEPARTMENT: Public Works
PRESENTERS: Todd Fessenden, Public Works Director
David Pasic, Town Engineer
Wendi Palmer, Civil Engineer
First Name Last Name, Title
FISCAL SUMMARY:
Cost as Recommended: $125,000
Balance Available: $0
Budget Line Item Number: 520-70-110-605000-100181
New Appropriation Required: Yes
POLICY ISSUES:
The Town has partnered with Urban Drainage and Flood Control District (UDFCD) D/B/A Mile High Flood District (MHFD) on multiple drainage and flood control projects that help reduce the potential for flood damage in Erie. After a project is jointly constructed it will qualify for maintenance assistance from MHFD.
STAFF RECOMMENDATION:
Recommendation
Approve the Fifth Amendment to Agreement Regarding Final Design, Right-of-Way Acquisition and Construction of Drainage and Flood Control Improvements for Coal Creek from County Line Road to Kenosha Road.
End
SUMMARY AND BACKGROUND OF SUBJECT MATTER:
The Urban Drainage and Flood Control District (UDFCD) D/B/A Mile High Flood District (MHFD) was established by the Colorado legislature in 1969 to assist local governments in the Denver metropolitan area with multi-jurisdictional drainage and flood control problems. The Boulder County portion of Erie is within UDFCD boundaries. The Weld County portion currently is not included.
Town staff requested project management and construction assistance from UDFCD for improvements to Coal Creek between County Line Road and Kenosha Road, which is within UDFCD’s boundaries. Depending upon available funding, UDFCD will fund up to 50% of the design, right-of-way acquisition and construction of drainage and flood control improvements.
At the Aug. 25, 2015 Board of Trustees meeting, the Board approved the first agreement and $50,000 to begin the funding for improvements to Coal Creek for this segment. At that time, UDFCD also budgeted and approved $50,000 for this project.
At the April 11, 2017 Board of Trustees meeting, the Board approved the first amendment which added an additional $500,000 from both Erie and MHFD to fund the design and begin funding for construction. Erie also added $275,000 for the section of Coal Creek between Cheesman Street and County Line Road, which is to be 100% funded by Erie because it lies outside of the MHFD boundaries.
At the Nov. 10, 2020, Board of Trustees Meeting, the Board approved the second amendment which transferred funds from another project that was not moving forward and added an additional $300,000 from MHFD and $3,600,000 from Erie.
At the Sept. 14, 2021, Board of Trustees Meeting, the Board approved the third amendment which added an additional $250,000 from MHFD and $0.00 from Erie.
At the Aug. 22, 2023, Board of Trustees Meeting, the Board approved the fourth amendment which added an additional $900,000 from MHFD and $2,448,110 from Erie.
The design for Coal Creek included a conceptual design for the section between Cheesman Street and Kenosha Road which was divided into three reaches, Reach 1 is between Cheesman Street and just north of the Briggs Street Bridge, Reach 2 continues to County Line Road, and Reach 3 is between County Line Road and Kenosha Road.
Town staff applied for a grant from FEMA to complete Reach 2, replace the County Line Road and Kenosha Road bridges and improve a short section of Coal Creek north of Kenosha Road. The section north of Kenosha Road is referred to as Reach 4. The first phase of the grant will fund the design which includes permitting and environmental studies needed to get approval and be ready to bid the construction of the project.
Since half of County Line Road Bridge, all of Kenosha Road Bridge and Reach 4 are within the MHFD, Town Staff reached out to MHFD see if they would participate in funding 50% of the Town’s expense for the portion of the design that is within the MHFD.
Reach 1 and 3 are currently under construction. Reach 3 is within MHFD and will require modifications to transition into the two bridge replacements.
For MHFD to assist with the next phase of Coal Creek which will include Reach 4, we are amending the existing agreement a fifth time.
MHFD funds up to 50% of the cost for design, Right of Way (ROW) acquisition and construction for flood control projects. Town staff estimated the cost for the first phase of the grant that would be within MHFD (West of County Line Road). The grant is 90% federal funded and 10% Town funded. The grant will not cover ROW acquisition, and staff estimate the ROW cost for Reach 4 and 10% of the design costs will be $250,000.
Town staff is working with the State on finalizing the Grant language and anticipate it will be brought to the Town Council very soon.
Fiscal Impact:
By working with Mile High Flood District (MHFD), the Town benefits from their expertise with drainage and flood control projects, in addition to their previous contribution to the funding of the portion within MHFD boundaries. MHFD has an additional $125,000 to contribute in 2024 for this project. The Town needs to match the additional $125,000. Once the construction phase is approved, the Town will seek additional funds to assist with the construction costs within MHFD.
The following is a summary of the past and current funding for this project.
% Previous Additional Total
Share Contribution Contribution Contribution
MHFD 28.2% $3,038,495 $125,000 $3,163,495
Town 71.8% $7,920,714 $125,000 $8,045,714
Total 100% $10,959,209 $250,000 $11,209,209
COUNCIL PRIORITY(S) ADDRESSED:
ü Prosperous Economy
ü Small Town Feel
ü Safe and Healthy Community
ü Effective Governance
ü Environmentally Sustainable
ü Fiscally Responsible
ATTACHMENT(S):
1. Resolution 24-033
2. Fifth Amendment