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Home My WebLink About13378 RESOLUTION NO. 13378 A RESOLUTION IN SUPPORT OF PUEBLO COUNTY’S EFFORTS, THROUGH THE COUNTY’S 1041 PERMIT PROCESS, TO HOLD THE CITY OF COLORADO SPRINGS ACCOUNTABLE FOR STORM WATER PROBLEMS ALONG FOUNTAIN CREEK AND RECOMMENDING A MANDATORY TEN YEAR STORM WATER ACTION PLAN (“SWAP’) IN EXCHANGE FOR ALLOWING THE SDS PIPELINE TO BECOME OPERATIONAL BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: WHEREAS, Pueblo County’s “1041 Permit” dated April 21, 2009, for Colorado Springs Southern Delivery System (“SDS”) Project, was predicated on the existence of Colorado Springs Stormwater Enterprise (“SWENT”); and WHEREAS, on December 7, 2009, the Colorado Springs City Council voted to abolish SWENT (which had been formed in 2005) after the November 3, 2009 passage of Ballot Issue 300; and WHEREAS, since the abolition of SWENT, storm water problems along Fountain Creek have become worse, culminating in flooding in Pueblo County in the spring and summer of 2015; and WHEREAS, on November 1, 2011, the U.S. Environmental Protection Agency (“EPA”) and the Colorado Department of Public Health and the Environment (“CDPHE”) issued Colorado Springs a Municipal Separate Storm Sewer System Discharge Permit (“MS4 Permit”) which authorized the discharge of storm water generated in Colorado Springs into Monument and Fountain Creeks and ultimately into the Arkansas River; and WHEREAS, on August 18, 2015, the EPA conducted an audit of Colorado Springs MS4 storm water discharge permit; and WHEREAS, the EPA inspection report contained a scathing critique of Colorado Springs storm water program; and WHEREAS, due in part to the demise of SWENT, since 2009, the City of Pueblo has seen an increase in the volume of sedimentation being deposited within city limits along Fountain Creek; and WHEREAS, Wright Water Engineers estimates that 370,000 tons of sedimentation is added to Fountain Creek between the City of Fountain and the City of Pueblo every year due to storm runoff; and WHEREAS, as a result of the accumulation of sand and other debris, the threat of flooding in Pueblo and the surrounding area has risen; and WHEREAS, Colorado Springs has a current $535 million backlog of overdue storm water projects; and WHEREAS, Colorado Springs current commitment of $19 million annually for storm water control is clearly inadequate to reduce its backlog of storm water projects; and WHEREAS, Colorado Springs must be required to spend at least $50 million annually on overdue storm water projects, for 10 years, or until the backlog is eliminated; and WHEREAS, the City of Pueblo is aware that pursuant to Condition No. 8 of the 1041 Permit, Colorado Springs advanced $2.1 million for dredging and the removal of sedimentation in Fountain Creek located within the City limits of the City of Pueblo and that approximately $1.7 million of those funds remains unspent; and WHEREAS, Colorado Springs should be required, until its backlog of overdue storm water projects is eliminated, to pay the balance of the cost of removal of the unwanted sedimentation in Fountain Creek located within the city limits of the City of Pueblo; and WHEREAS, on March 1, 2004, the City of Pueblo, the Board of Waterworks of Pueblo and the City of Colorado Springs on behalf of its utility enterprise, Colorado Springs Utilities, entered into an Intergovernmental Agreement (“Three-Party IGA”) which, inter alia, addressed Colorado Springs’ MS4 storm water permit; and WHEREAS, Section VI. A. (8) of the Three-Party IGA obligated Colorado Springs and Pueblo to “comply with federal and state stormwater regulations or requirements;” and WHEREAS, the failure of Colorado Springs to meet the requirements of the MS4 storm water permit constitutes a clear violation of the Three-Party IGA; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The City of Pueblo commends and supports Pueblo County’s efforts, through the County’s 1041 Permit program, to hold the City of Colorado Springs accountable for stormwater and sediment problems along Fountain Creek. SECTION 2. The City of Pueblo recommends that the Board of County Commissioners enter into an Intergovernmental Agreement (“SWAP IGA”) with the City of Colorado Springs and its enterprise Colorado Springs Utilities, mandating a ten year Storm Water Action Plan (“SWAP”) for Fountain Creek (in exchange for the County allowing the SDS Pipeline to become operational) as follows: Storm Water 1. Perform necessary and appropriate maintenance on storm water structures already in place. 2. Hire new personnel to strictly enforce the guidelines in its own Drainage Criteria Manual for new development. 3. Come into full compliance with the terms and conditions of its MS4 storm water permit issued by EPA/CDPHE. 4. Expenditure of at least $50 million annually for 10 years or longer, if necessary, until the backlog of overdue storm water projects is eliminated. 5. Identify and construct new storm water structures along Fountain Creek and its tributaries located within the city limits of Colorado Springs (with a specific timetable for construction) which will capture storm water before it is allowed to flow into Fountain Creek. 6. Identify and implement a reliable source of funding for storm water control to remain in effect as long as the SDS pipeline remains operational. 7. Require Colorado Springs Utilities, as an independent enterprise not subject to TABOR, to guarantee the City of Colorado Springs performance of the SWAP IGA’s storm water requirements, including the City’s financial obligations. Sedimentation 8. Require, on an annual basis, the dredging and removal of sedimentation located in Fountain Creek from and within the City of Pueblo’s Fountain Creek Levees to the confluence with the Arkansas River. This requirement should remain in effect for 10 years or until Colorado Springs has eliminated its backlog of overdue storm water projects. SECTION 3. The City Manager of the City of Pueblo is directed to initiate the dispute resolution process outlined in the Three-Party IGA in order to require Colorado Springs to comply with the MS4 storm water permit. SECTION 4. The officers and staff of the City are directed and authorized to perform any and all acts consistent with the intent of this Resolution to effectuate the policies and procedures described herein. SECTION 5. This Resolution shall become effective immediately upon final passage. INTRODUCED January 25, 2016 BY: Chris Nicoll City Clerk’s Office Item # Q-2 Background Paper for Proposed Resolution COUNCIL MEETING DATE: January 25, 2016 TO: Members of City Council CC: Sam Azad, City Manager VIA: Gina Dutcher, City Clerk FROM: President Stephen G. Nawrocki SUBJECT: A RESOLUTION IN SUPPORT OF PUEBLO COUNTY’S EFFORTS, THROUGH THE COUNTY’S 1041 PERMIT PROCESS, TO HOLD THE CITY OF COLORADO SPRINGS ACCOUNTABLE FOR STORM WATER PROBLEMS ALONG FOUNTAIN CREEK AND RECOMMENDING A MANDATORY TEN YEAR STORM WATER ACTION PLAN (“SWAP’) IN EXCHANGE FOR ALLOWING THE SDS PIPELINE TO BECOME OPERATIONAL SUMMARY: Attached is a Resolution endorsing Pueblo County’s efforts to hold the City of Colorado Springs accountable for storm water problems along Fountain Creek and recommending that the County require Colorado Springs and its enterprise, Colorado Springs Utilities, to sign a mandatory 10 year Storm Water Action Plan (“SWAP”) in exchange for the County allowing the SDS Pipeline to become operational. PREVIOUS COUNCIL ACTION: None. BACKGROUND: Pueblo County’s “1041 Permit” dated April 21, 2009, for the Colorado Springs Southern Delivery System (“SDS”) Project, was predicated on the existence of the Colorado Springs Storm Water Enterprise (“SWENT”). On December 7, 2009, the Colorado Springs City Council voted to abolish SWENT (which had been formed in 2005) after the November 3, 2009 passage of Ballot Issue 300. Since the abolition of SWENT, storm water problems along Fountain Creek have become worse, culminating in flooding in Pueblo County in the spring and summer of 2015. On November 1, 2011, the U.S. Environmental Protection Agency (“EPA”) and the Colorado Department of Public Health and the Environment (“CDPHE”) issued Colorado Springs a Municipal Separate Storm Sewer System Discharge Permit (“MS4 Permit”) which authorized the discharge of storm water generated in Colorado Springs into Monument and Fountain Creeks and ultimately into the Arkansas River. On August 18, 2015, the EPA conducted an audit of Colorado Springs MS4 storm water discharge permit. The EPA inspection report contained a scathing critique of Colorado Springs storm water program. Due in part to the demise of SWENT, since 2009, the City of Pueblo has seen an increase in the volume of sedimentation being deposited in Fountain Creek within Pueblo’s city limits. Wright Water Engineers estimates that 370,000 tons of sedimentation is added to Fountain Creek between the City of Fountain and the City of Pueblo every year due to storm runoff. As a result of the accumulation of sand and other debris, the threat of flooding in Pueblo and the surrounding area has risen. Colorado Springs has a current $535 million backlog of overdue storm water projects. Colorado Springs current commitment of $19 million annually for storm water control is clearly inadequate to reduce that backlog. Colorado Springs must be required to spend at least $50 million annually on overdue storm water projects, for 10 years, or until the backlog is eliminated. The City of Pueblo is aware that pursuant to Condition No. 8 of the 1041 Permit, Colorado Springs advanced $2.1 million for dredging and the removal of sedimentation in Fountain Creek located within the city limits of the City of Pueblo. Approximately $1.7 million of those funds remains unspent. Colorado Springs should be required to pay the balance of the cost of removal of the unwanted sedimentation until its backlog of overdue storm water projects is eliminated. On March 1, 2004, the City of Pueblo, the Board of Waterworks of Pueblo and the City of Colorado Springs on behalf of its utility enterprise known as Colorado Springs Utilities entered into an Intergovernmental Agreement (“Three-Party IGA”) which, inter alia, addressed Colorado Springs MS4 storm water permit. Section VI.A (8) of the Three-Party IGA obligated Colorado Springs and Pueblo to “comply with federal and state stormwater regulations or requirements.” The failure of Colorado Springs to meet the requirements of the MS4 Storm Water Permit constitutes a clear violation of the Three-Party IGA. The attached Resolution recommends that the Board of County Commissioners enter into an Intergovernmental Agreement (“SWAP IGA”) with the City of Colorado Springs and its enterprise Colorado Springs Utilities, mandating a ten year SWAP for Fountain Creek (in exchange for the County allowing the SDS Pipeline to become operational) as follows: Storm Water 1. Perform necessary and appropriate maintenance on storm water structures already in place. 2. Hire new personnel to strictly enforce the guidelines in its own Drainage Criteria Manual for new development. 3. Come into full compliance with the terms and conditions of its MS4 storm water permit issued by EPA/CDPHE. 4. Expenditure of at least $50 million annually for 10 years or longer, if necessary, until the backlog of overdue storm water projects is eliminated. 5. Identify and construct new storm water structures along Fountain Creek and its tributaries located within the city limits of Colorado Springs (with a specific timetable for construction) which will capture storm water before it is allowed to flow into Fountain Creek. 6. Identify and implement a reliable source of funding for storm water control to remain in effect as long as the SDS pipeline remains operational. 7. Require Colorado Springs Utilities, as an independent enterprise not subject to TABOR, to guarantee the City of Colorado Springs performance of the SWAP IGA’s storm water requirements, including the City’s financial obligations. Sedimentation 8. Require, on an annual basis, the dredging and removal of sedimentation located in Fountain Creek from and within the City of Pueblo’s Fountain Creek Levees to the confluence with the Arkansas River. This requirement should remain in effect for 10 years or until Colorado Springs has eliminated its backlog of overdue storm water projects. FINANCIAL IMPLICATIONS: The City of Pueblo’s goal is to preserve the flood protection of the Fountain Creek Levees at or above the 100-year flood level. If the Board of County Commissioners adopts the City’s stormwater and sediment recommendations, the City’s potential future costs of dredging and sediment removal on Fountain Creek will be eliminated or greatly reduced. BOARD/COMMISSION RECOMMENDATION: Not applicable to this Resolution. STAKEHOLDER PROCESS: Not applicable to this Resolution. ALTERNATIVES: City Council has the option of not becoming more involved in the resolution of the storm water and sedimentation problems in Fountain Creek. RECOMMENDATION: Approve the Resolution. Attachments: Proposed Resolution