CITY COUNCIL AGENDA MEMORANDUM

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1 CITY COUNCIL AGENDA MEMORANDUM City and County of Broomfield, Colorado To: From: Prepared By: Mayor and City Council Charles Ozaki, City and County Manager Kevin Standbridge, Deputy City and County Manager David Shinneman, Director of Community Development Katie Allen, City and County Engineer Rebecca Baker, Civil Engineer P.E./Floodplain Manager Meeting Date Agenda Category Agenda Item # March 8, 2016 Council Business 11 (f) Proposed Resolution No , Approving an Amendment to an Intergovernmental Agreement with the City of Agenda Title: Westminster and Urban Drainage and Flood Control District for Participation in the Design, Right-of-Way Acquisition and Construction of City Park Drainageway - Lower Reach Drainage and Flood Control Improvements Summary Broomfield is a member of the Urban Drainage and Flood Control District (UDFCD). The District is comprised of all or a portion of the seven Denver metropolitan area counties. Residents pay a mill levy of property taxes to fund the District s activities. District proceeds are distributed by county on a formula basis for drainage and flood control purposes. In May 2015, City Council approved an intergovernmental agreement (IGA) with UDFCD and the City of Westminster by Resolution No The IGA authorized funds to begin design and right-of-way acquisition for drainage and flood control improvements for City Park Drainageway - Lower Reach from approximately 850 feet upstream of Lowell Blvd. to Big Dry Creek along the south side of W. 120th Ave. It is anticipated these improvements will formalize the drainage path for City Park Drainageway from west of Lowell Blvd. to Big Dry Creek on the south side of W. 120th Ave. The construction will result in a decrease in the floodplain impacts on the north side of W. 120th Ave. and an increase in the developable area at the northwest corner of Lowell Blvd. and W. 120th Ave. The proposed amendment to the IGA provides the funds needed to begin construction of the improvements. UDFCD will pay 50% of the Drainageway improvements. The remaining 50% of the costs are to be paid by Broomfield and Westminster according to an IGA approved in UDFCD will manage the project and select the contractor with input from Broomfield and Westminster. The total project cost estimate is $1,200,000, excluding the land contribution by Westminster. Broomfield's share is $300,000. Any changes to the scope shall be discussed and general concurrence received before amendments are issued. No changes will be approved which increase the cost beyond the funds available unless additional funds are committed by the stakeholders. Proposed Resolution No approves an amendment to the IGA with UDFCD for construction of City Park Drainageway - Lower Reach drainage and flood control improvements. The IGA anticipates the remaining funding will be allocated in The proposed amendment to the IGA is attached to the resolution. This is an IGA and, pursuant to the City Charter, requires a two-thirds affirmative vote of the entire City Council for approval. Prior Council Action Resolution No approved by City Council on October 22, 2013, authorizing an IGA between Broomfield and Westminster. Funds for this project were included in the 2015 CIP budget. Resolution No approved by City Council on May 26, 2015, authorizing the 2015 contribution. Financial Considerations As shown in the sources and uses of funds summary below, it is anticipated that the project can be implemented within the budgeted amount. SOURCES AND USES OF FUNDS City Park Drainageway - Lower Reach Drainage and Flood Control Improvements Original Contribution Current Amendment Future Contribution Total Broomfield $ 150,000 (1) $ 150,000 (2) $ 0 $ 300,000 City of Westminster 50, , , ,000 Urban Drainage and Flood Control District 150, , , ,000 $ 350,000 $ 550,000 $ 300,000 $1,200,000 1) 2015 CIP Budget paid in ) 2016 CIP Budget Alternatives Decide not to proceed with the proposed intergovernmental agreement. Proposed Actions/Recommendations If Council desires to proceed with the project, the appropriate motion is... That Resolution No be adopted. 11 (f) - Page 1

2 IGA Amendment with UDFCD for City Park Drainageway - Lower Reach Drainage and Flood Control Improvements Page 2 BACKGROUND Broomfield is a member of the Urban Drainage and Flood Control District (UDFCD). The UDFCD is comprised of all or a portion of the seven Denver Metropolitan Area counties. Residents pay a mill levy of property taxes to fund the District s activities. District proceeds are distributed by county on a formula basis for drainage and flood control purposes. In May 2015, City Council approved an intergovernmental agreement (IGA) with UDFCD and the City of Westminster by Resolution No The IGA authorized funds to begin design and right-of-way acquisition for drainage and flood control improvements for City Park Drainageway - Lower Reach from approximately 850 feet upstream of Lowell Blvd. to Big Dry Creek along the south side of W. 120th Ave. Broomfield's participation is based in part on the fact that most of the runoff in City Park Channel originates in Broomfield as shown on Attachment 1. The runoff from this tributary area currently crosses W. 120th Ave., from north to south near Sheridan. Stormwater runoff then flows in a channel along the south side of W. 120th Ave. and crosses back into Broomfield west of Lowell. The regulatory floodplain currently crosses W. 120th Ave. approximately 850 feet west of Lowell Blvd. from south to north and impacts the parcels at the northwest corner of W. 120th Ave. and Lowell Blvd. within Broomfield. This project will reduce flooding (overtopping) of West 120 th Avenue and will reduce floodplain impacts to the affected Broomfield parcels. With the development of the Academy of Charter Schools located at Lowell Blvd. in Westminster, an appropriately sized culvert was constructed for the school access and minor channel improvements upstream and downstream of the access were completed as Phase 1 of the City Park Channel improvements. This culvert and the improvements were constructed consistent with the Outfall Systems Planning Study for City Park and 3207 Drainageways (OSP) prepared by Kiowa Engineering for UDFCD, Broomfield, and Westminster in This project will construct the next phase of improvements consistent with the OSP. The proposed amendment to the IGA provides the funds needed to begin construction. UDFCD will pay 50 percent for the improvements. The remainder of the cost will be paid equally by Broomfield and Westminster based on the 2013 IGA approved by Resolution No The Broomfield/Westminster 2013 IGA recognized the benefit of the project to both communities and balanced the funding between Broomfield and Westminster evenly for phases 1 and 2 of the City Park Channel Improvement Project. The total project cost estimate for Phase 2 is $1,200,000. Broomfield's total share is $300,000, included in the 2015 CIP budget. UDFCD funds will match this contribution with $150,000 authorized in 2015 and the remaining UDFCD funds authorized in 2016 with this IGA. UDFCD will coordinate this project with participation from Broomfield and Westminster. UDFCD will manage the project. UDFCD, Broomfield and Westminster staff will review construction designs and participate in contractor selection. Any changes to the scope shall be discussed and general concurrence received before amendments are issued. No changes will be approved that increase the cost beyond the funds available unless additional funds are committed by the stakeholders. The design and right-of-way acquisition are underway with construction to begin in At the completion of the construction, the channel improvements will be owned and maintained by Westminster, and the floodplain at the northwest corner of Lowell Blvd. and W. 120th Ave. will be reduced. 11 (f) - Page 2

3 IGA Amendment with UDFCD for City Park Drainageway - Lower Reach Drainage and Flood Control Improvements Page 3 The following figure illustrates the area for drainage and flood control improvements. The City Park Drainageway improvements meet the following 2005 Comprehensive Plan Goals: Goal ED-D: Commercial Vitality Goal UT-A: Utility Planning FINANCIAL CONSIDERATIONS The cost for the project is to be shared with participation from UDFCD. The total project is estimated to cost $1,200,000. Broomfield's share is $300,000 or 25 percent of the cost of the improvement project. SOURCES AND USES OF FUNDS City Park Drainageway - Lower Reach Drainage and Flood Control Improvements Original Contribution Current Amendment Future Contribution Total Broomfield $ 150,000 (1) $ 150,000 (2) $ 0 $ 300,000 City of Westminster 50, , , ,000 Urban Drainage and Flood Control District 150, , , ,000 $ 350,000 $ 550,000 $ 300,000 $1,200,000 1) 2015 CIP Budget paid in ) 2016 CIP Budget 11 (f) - Page 3

4 IGA Amendment with UDFCD for City Park Drainageway - Lower Reach Drainage and Flood Control Improvements Page 4 PROPOSED RESOLUTION NO Resolution No contains the necessary actions to execute an IGA amendment regarding funding for the City Park Drainageway - Lower Reach Drainage and Flood Control Improvements. Pursuant to the City Charter, approval of an intergovernmental agreement requires a two-thirds affirmative vote of the entire City Council. Staff recommends approval of the resolution. 11 (f) - Page 4

5 Lowell Blvd Sheridan Blvd Main St Sheridan Blvd Main St Miramonte Blvd E Midway Blvd US Highway 287 Midway Blvd W U.S. 36 Interlocken Blvd Interlocken Loop W 120th Ave / US Highway 287 Attachment 1 W 120th Ave Wadsworth Pkwy Legend City Park Channel City Park Channel Tributary Area Broomfield City and County Limits Path: G:\Project_Maps\Broomfield\Vicinity_Maps\Engineering\City_Park_Channel\City_Park_PRESENTATION.mxd Date: 2/25/2016, Aerial Date: March (f) - Page 5

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