SUBJECT:
Title
A Resolution of the Town Council of the Town of Erie Approving an Intergovernmental Agreement with Boulder County and Mile High Flood District for Design and Construction of Drainage and Flood Control Improvements for the Coal Creek Gap Project
Department
DEPARTMENT: Public Works
Utilities
Presenter
PRESENTER(S): David Pasic, Public Works Director
Todd Fessenden, Utilities Director
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Wendi Palmer, Civil Engineer
Time
TIME ESTIMATE: 0 minutes
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For time estimate: please put 0 for Consent items.
Fiscal
FISCAL SUMMARY:
N/A
Policy
POLICY ISSUES:
The Council should determine whether to approve the Intergovernmental Agreement (IGA) allowing additional improvements to be made to Coal Creek. This IGA will be a partnership with Mile High Flood District (MHFD) and Boulder County to help make transitional improvements where the Town’s Coal Creek Project ends to tie in effectively with Boulder County Open Space.
Recommendation
STAFF RECOMMENDATION:
Approve the Agreement Regarding Design and Construction of Drainage and Flood Control Improvements for Coal Creek Gap Project Located at the Boulder and Weld County Irrigation Ditch.
Body
SUMMARY/KEY POINTS
The entire Coal Creek Improvement project is critical to removing properties from the floodplain and improving water flow in Erie.
BACKGROUND OF SUBJECT MATTER:
The Town of Erie has partnered with the Mile High Flood District (MHFD) on multiple drainage and flood control projects to reduce flood risks. Once projects are completed, they qualify for maintenance support from MHFD.
MHFD, established by the Colorado legislature in 1969, assists local governments with multi-jurisdictional flood control efforts. The Boulder County portion of Erie falls within the MHFD’s jurisdiction, while the Weld County portion does not. The Town sought MHFD’s project management and funding support, which can cover up to 50% of eligible costs. The project costs distribution for this Gap Project is 50% MHFD, 25% Town of Erie and 25% Boulder County.
No additional funds are required by MHFD and the Town of Erie to support this Gap project. Funds from a previously approved agreement and amendments will be used.
The Coal Creek improvement project has been funded through multiple amendments since 2015:
• 2015: Initial agreement approved with $50,000 from Erie and $50,000 from MHFD.
• 2017: First amendment added $500,000 from both Erie and MHFD. Erie also contributed $275,000 for a segment outside MHFD’s boundaries.
• 2020: Second amendment redirected funds from another project, adding $300,000 from MHFD and $3.6M from Erie.
• 2021: Third amendment contributed $250,000 from MHFD, with no additional Erie funding
• 2023: Fourth amendment provided $900,000 from MHFD and $2.448M from Erie.
• 2024: Fifth amendment added $125,000 from both MHFD and Erie, expanding the project scope to include Kenosha Road Bridge replacement and Coal Creek improvements north of Kenosha Road.
• 2025: Sixth amendment added $250,000 from both MHFD and Erie to help offset the costs that the FEMA grant does not cover.
• This agreement between Boulder County, MHFD and Erie is for the gap project located at the Boulder and Weld County Irrigation Ditch between Erie’s FEMA funded project and Boulder County’s future improvements to Coal Creek.
Project Scope: Coal Creek was conceptually designed in four reaches:
• Reach 1 (Cheesman St. to Briggs St. Bridge) - Completed
• Reach 2 (Briggs St. to County Line Rd.) - Grant application submitted to FEMA. FEMA reviewing for construction authorization. Design is close to 100%.
• Reach 3 (County Line Rd. to Kenosha Rd.) - Near completion and will transition into bridge replacements.
• Reach 4 (North of Kenosha Rd.) - Part of the Fifth, Sixth and Seventh Amendment expansion.
Since portions of the Kenosha Road Bridge and Reach 4 fall within MHFD’s jurisdiction, the Town requested MHFD to cover 50% of the Town’s expense for this segment.
New Agreement:
This agreement was created to create a partnership between The Town of Erie, Boulder County and MHFD to address improvements as the Town’s Coal Creek ends and transitions to the segment of Coal Creek the runs through Boulder County Open Space. This project will also address need improvements at the Boulder and Weld County Irrigation Ditch that runs through the transition area.
Erie’s 30% design for the FEMA grant included improvements to the Boulder and Weld County Irrigation Ditch. Staff met with the ditch and determined that more time would be needed to negotiate terms with the ditch company. To not impact the FEMA grant, the 70% design tied into existing Coal Creek upstream of the Boulder and Weld County Irrigation Ditch but will continue to work through the improvements with the ditch company and Boulder County as part of this project.
Boulder County, who reviewed the 30% design, has concerns about the design that no longer included improvements in the vicinity of the Boulder and Weld County Irrigation Ditch and the subsequent transition to their open space. Through negotiations with MHFD and Boulder County, all parties determined that Town’s FEMA funded project would be able to move forward separately so long as the improvements in Coal Creek within the Boulder County Open space were able to be addressed with this agreement.
Fiscal Impact:
• No additional funds will be allocated by Erie or MHFD for this project.
• Boulder County will be contributing $68,500 for their participating in the Gap Project.
Approving the agreement ensures continued financial support from MHFD, additional support from Boulder County and ensures that Boulder County will work with Erie for the successful completion of the FEMA funded project.
priorities
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attachments
ATTACHMENT(S):
1. Resolution
2. Agreement