SUBJECT:
Title
A Resolution of the Town Council of the Town of Erie Approving the Seventh 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
Department
DEPARTMENT: Public Works
Utilities
Presenter
PRESENTER(S): Wendi Palmer, Civil Engineer
Todd Fessenden, Utilities Director
David Pasic, Public Works Director
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Time
TIME ESTIMATE: 0 minutes
end
For time estimate: please put 0 for Consent items.
Fiscal
FISCAL SUMMARY:
Cost as Recommended: $250,000
Balance Available: $1,631,895
Fund Storm Drainage Operating Fund
Line Item Number: 520-75-110-605000-100394
New Appropriation Required: No
Policy
POLICY ISSUES:
Whether or not to amend the existing agreement allowing additional improvements to be made to Coal Creek. The Town of Erie 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, including projects along Coal Creek, that help reduce the potential for flood damage in Erie. After a project is jointly constructed it will qualify for maintenance assistance from MHFD.
Recommendation
STAFF RECOMMENDATION:
Approve the Seventh 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.
Body
SUMMARY/KEY POINTS
• MHFD had an additional $250,000 in their 2025 Budget that they appropriated for this project. If it is not committed by the end of 2025, the funding will no longer be available. The Town will contribute an additional $250,000 budgeted match to this project.
• Additional funding from MHFD helps offset project costs not covered by FEMA.
• 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 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.
Project Scope: Coal Creek was conceptually designed in three 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 and Sixth 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.
Seventh Amendment:
This amendment provides additional funds to cover costs not included in the FEMA grant and to help with the Town’s required grant match.
Fiscal Impact:
• MHFD will contribute an additional $250,000 in 2025 for this project.
• The Town must match this with $250,000.
• Total funding to date: $12.2M with 30% from MHFD ($3.66M) and 70% from Erie ($8.54M).
Approving the amendment ensures continued financial support from MHFD and further enhances flood control measures in Erie.
priorities
TOWN COUNCIL PRIORITY(S) ADDRESSED:
☒ Traffic & Road Infrastructure
☐ Growth & Development
☒ Water Cost & Availability
☐ Affordable & Diverse Housing
☐ Increased Commercial Development
☐ Responsible Oil & Gas Development
☒ Preservation of Open Space
☒ Recreation & Community Amenities
☐ Multi-Modal Focus
attachments
ATTACHMENT(S):
1. Resolution 25-174
2. Seventh Amendment