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HomeMy WebLinkAboutPACKET Joint Town Board Study Session 2023-05-24TOWN OF ESTES PARK BOARD OF TRUSTEES BOARD OF LARIMER COUNTY COMMISSIONERS Joint Study Session No public comment will be heard Wednesday, May 24, 2023 11:00 a.m. TO BE HELD VIRTUALLY This study session will be streamed live and will be available on the Town YouTube page at www.estes.org/videos. Agenda I. Introductions. II.Estes Valley Stormwater Utility Discussion. (Director Muhonen) •Optional funding structures – Options 1-5. III.Adjourn. NOTE: The Town Board and County Commissioners reserve the right to consider other appropriate items not available at the time the agenda was prepared. PUBLIC WORKS Report To: Honorable Mayor Koenig Board of Trustees Board of Larimer County Commissioners Through: Town Administrator Machalek From: Greg Muhonen, PE, Public Works Director Mark Peterson, PE, Larimer County Engineer Date: May 24, 2023 RE: Estes Valley Stormwater Utility Purpose of Work Session Item: Update the Town Board and Board of County Commissioners on optional stormwater funding structures that do not rely on new user fees as previously discussed jointly with the Town Board and Larimer County Commissioners in March 2023. Direction Requested: Provide direction to Town and County Public Works staff regarding the desire to pursue a stormwater utility in Estes Park that either includes or omits a user fee assessed on the owners of improved parcels within both the Town limits and unincorporated Larimer County within the Estes Valley drainage basins. Such a user fee would require adoption of a future Intergovernmental Agreement (IGA) that would detail the responsibilities of both agencies. Conversely, elimination of the previously proposed user fee also eliminates the need for a stormwater IGA. Present Situation: After the 2013 flood, the Town’s Strategic Plan was revised annually in 2016 through 2023 to include various goals and objectives to address flood mitigation. Since 2017, several Town Board study sessions and joint meetings with the BCC explored this topic (the history is reflected in 2 attached Town Board reports and the sample user fee letter). The stormwater utility effort was paused in 2019 when the Town Board selected Option 4 (take no further action) while waiting to see if grant funding would materialize to pay for an initial stormwater infrastructure project on the Big Thompson River. These grant applications were denied in both 2019 and 2020. At the August 24, 2021, study session, Public Works staff provided updated information regarding stormwater utility efforts in other Colorado communities and a proposal for the Town to elevate our stormwater infrastructure maintenance efforts in 2022. At this meeting, the Town Board affirmed its interest in resuming dialogue regarding rate structures and a potential partnership with Larimer County regarding the formation of a stormwater utility in the Estes Valley. On February 2, 2022, Public Works Engineering staff met with the Larimer Board of County Commissioners and received confirmation of the Board’s receptivity to resuming discussions with the Town Board regarding a joint stormwater utility effort. In January, 2023, the Town Board budget was increased to include $519,000 from the General Fund to pay for the operation and maintenance of stormwater infrastructure in Estes Park. This amount includes $405,000 for personnel and $114,000 for materials and equipment. On August 19, 2023 a joint work session was held in Estes Park where both the Town and County Boards affirmed interest in partnering on a future storm water utility. Staff was asked to research and bring back additional information pertaining to cost models used in other CO communities to fund stormwater infrastructure, potential grant sources of stormwater funding, and taxing options to pay for stormwater improvements. On March 22, 2023, another joint work session was held in Estes Park where staff reported on the requested research findings. The Board asked staff to research Idaho Springs’ experience with funding stormwater infrastructure with sales tax revenue and bring back three variants of user fee funding options for additional discussion. A copy of the stormwater utility section from the Idaho Springs Municipal Code is attached as Exhibit A. It is noted that this tool was adopted in 2006 and is funded by 5% of their 1% sales tax. It generates only $25,000 per year, and capital projects are commonly funded with added grant and General Fund dollars. Proposal: A stormwater utility funding estimating tool was created and is attached in Exhibit B. It summarizes funding allocations for five options. Note the user fees are broken down into three cost components (Administration, Operation & Maintenance (O&M), and Capital (Infrastructure) Expansion). In Options 4 and 5, the user may enter preferred percentages of program costs to evaluate a variety of funding strategies. For the sake of evaluation simplicity, the cost estimating tool did not alter three other highly influential variables that impact total program cost: 1) time duration for infrastructure buildout, 2) annual inflation of construction costs, and 3) annual change in sales tax revenue collected. Understanding the limited agency influence over these variables, it is recommended that a decision be made based on reasonable current assumptions, and future funding adjustments be made periodically (every 10+/- years) as updated factual data is obtained. Option 1. This is the baseline option that has been presented and discussed since 2019. It consists of 20% grants ($28M), 30% user fees ($40M), and 50% sales tax ($70M) for a total program cost of $138M by the year 2047 (3% inflation applied to a 2017 program cost of $79M). User fees would be applied to owners within the Town of Estes Park (about 5400 parcels) and Larimer County (about 3100 parcels), and would contribute 30% (rounded) of the stormwater utility program revenue as follows: 4% Administration, 11% O&M, and 14% Infrastructure Expansion. This option assumes 20% of a new 1% sales tax could be directed toward stormwater infrastructure. If less than 20% of a new 1% sales tax is available, the timeline for project completion would need to be extended. Option 2. This option minimizes the user fee to include only the administrative cost of billing for the storm water utility. The O&M revenue is relocated to the Estes Park General Fund (per the 2023 budget) and the Infrastructure Expansion revenue is reassigned to new sales tax revenue. The modeled funding stream for this option consists of 20% grants ($28M), 4% user fees ($5M), 65% sales tax ($89M), and 11% General Fund ($16M) for a total program cost of $138M by the year 2047. This exposes the absurdity of collecting a user fee to simply pay the cost of fee billing and collection. If a user fee is instituted, it needs to be large enough to meaningfully contribute to the operation and/or expansion of the stormwater utility. To this end, the 11% of program costs assigned to the Town’s General Fund could be redirected to a User Fee if desired. Either way, this option assumes 25% of a new 1% sales tax could be directed toward stormwater infrastructure. If less than 25% of a new 1% sales tax is available, the timeline for project completion would need to be extended. Option 3. This option eliminates all user fees. It reduces the 30-year program costs by approximately $5M because the administrative overhead of billing users is removed. This option also eliminates the need for an IGA between the Town and the County since there are no property owner cost-sharing details to define and assess. The modeled funding stream for this option consists of 21% grants ($28M), 0% user fees ($0), 67% sales tax ($89M), and 12% General Fund ($16M) for a total program cost of $133M by the year 2047. This option assumes 27% of a new 1% sales tax could be directed toward stormwater infrastructure. If less than 27% of a new 1% sales tax is available, the timeline for project completion would need to be extended. Option 4. This is a user-defined option where the user can assign any desired percentage of program funding to six resource centers to achieve a preferred program funding strategy. Option 5. This is also a user-defined option to create a custom funding proposal to pay for the updated inflated cost of a 30-year program cost of $229M (or $209M without administrative overhead) the recognizes 2023 personnel costs and more conservative infrastructure expansion costs. This option allows incorporation of a new stormwater engineer in the O&M costs paid by future GF revenue. This option can show how 25% grants ($52M), 0% user fees ($0M), 47% sales tax ($98M), and 28% General Fund ($59M) can pay for a total program cost of $209M by the year 2053. Under this scenario, 28% of a new 1% sales tax could be directed toward stormwater infrastructure. If less than 28% of a new 1% sales tax is available, the timeline for project completion would need to be extended. Advantages: • Increased funding for stormwater management would implement the Town Board strategic plan goals and the Town-adopted Estes Valley Stormwater Management Program recommendations. • Elimination of a user fee respects the input from survey respondents who objected to paying a new fee potentially implemented without a public vote. It also eliminates the associated cost burden and administrative coordination between the County, the Town, and the fee payors. Elimination of the user fee eliminates debates regarding equity and use of the collected fees. • This program would provide funding to address approximately 350 local residential drainage improvements adjacent to both residential and commercial sites. •The new sales tax revenue could be leveraged as local match contributions for future grant funding applications as soon as 2024. •Funding the infrastructure expansion with a new sales tax distributes the cost- sharing burden across millions of visitors and resident shoppers in Estes Park, and eliminates the need to create a formal stormwater utility enterprise operation. Disadvantages: •Modeled sales tax revenue is delayed until an approving public vote occurs. •Grant revenue forecasts are speculative, and will be greater or lower than modeled. •Depending upon sales tax ballot language, operations and maintenance activities may be geographically constrained to the incorporated Town limits. •Resource investment on improved stormwater management will require investment of staff time which will divert work effort available for other work demands; however, Town staff feels strongly that a long-term, multi-faceted funding solution to our stormwater challenges needs to be developed. Finance/Resource Impact: Implementation of a Stormwater Utility proposal will provide the financial resources to provide sustainable funding for: •Maintenance of the existing Estes Valley drainage system; and •Modernization and upgrades for Estes Valley stormwater infrastructure which sets the stage for lower flood insurance premiums for all who participate in the National Flood Insurance Program. Level of Public Interest Public interest in the problem is low until flooding occurs. Public interest in new stormwater utility fees is expected to be high. Attachments: 1 Idaho Springs Municipal Code Stormwater Utility (2006) 2 Stormwater Utility Estimate (PDF) 3 Stormwater Utility Estimate Tool (Excel - Editable) LINK Attachment 1: Idaho Springs Municipal Code •ARTICLE IV - Stormwater Utility •Sec. 12-191. - Establishment. There is hereby established a stormwater utility within the Public Works Department, under the day-to-day control of the person designated by the City Council, subject to overall management and direction by the Mayor and the City Council. (Ord. 8 §1, 2006) •Sec. 12-192. - Definitions. For the purposes of this Article, the following words and terms shall be defined as follows, unless the context in which they are used clearly indicates otherwise. Drainage facilities. Any one (1) or more of the facilities and devices used in the collection, treatment or disposition of storm, flood or surface drainage waters, including without limitation the following: streets, curbs and gutters; all man-made structures or natural watercourses designed or used for the conveyance of runoff, such as conduits and appurtenant features, manholes, canals, storm sewers, drains, drop structures, flood control basins, sedimentation basins, detention and retention basins, flood walls, levies, stormwater pumping stations, wetlands, berms, swales, channels, bridges, gulches, streams, gullies, flumes, culverts, pipes, ditches, siphons, catch basins, inlets, collection, drainage and disposal pipelines and intercepting stormwater pipelines; other appurtenant equipment and facilities; improved water courses and channel bed and embankment improvements and protection devices; and all extensions, improvements, remodelings, additions and alterations of any of the foregoing. Master drainage plan. A plan defining drainage basin boundaries, containing criteria to be used in preliminary design of drainage facilities, presenting the location and characteristics of all drainage facilities including those presently existing and those expected to be needed under ultimate development, providing preliminary design for required improvements, and including recommended staging of drainage facilities construction, together with cost estimates. Stormwater. That part of snowfall, rainfall or other stormwater which is not absorbed, transpired, evaporated or left in surface depressions, and which flows controlled or uncontrolled into a watercourse or other body of water. Stormwater system. The drainage facilities, together with any and all appurtenant property or other rights or interests owned by the City, designed, installed, constructed, operated or maintained to perform the functions of the utility. Utility. The stormwater utility established and governed by this Chapter. ATTACHMENT 1 Watercourse. A stream, usually flowing in a particular direction, having a body or banks, including intermittent-flow and seasonal-flow channels, and usually discharging into another stream or body of water. (Ord. 8 §1, 2006) •Sec. 12-193. - Utility jurisdiction. The utility shall have and exercise jurisdiction over the stormwater system of the City, as now or hereafter constituted. (Ord. 8 §1, 2006) •Sec. 12-194. - Functions. The utility shall conduct and provide for the investigation, planning, design, financing, construction, reconstruction, repair, replacement, improvement, extension, operation and maintenance of the stormwater system by whatever undertakings the City Council shall determine, including without limitation the following: (1)Developing, establishing, adopting and continuously reviewing and maintaining the master drainage plan. (2)Establishing and, from time to time, amending as necessary rules and regulations applicable to the stormwater system and to persons and property which use or are benefited by it. (3)Establishing and, from time to time, amending as necessary design and construction standards for drainage facilities, both public and private, within the City. (4)Surveying and engineering for planning and design of drainage facilities and the stormwater system. (5)Constructing, installing, repairing, operating, maintaining, improving, replacing and reconstructing drainage facilities included within the stormwater system. (6)Planning and implementing mitigation of wetlands and other environmental impacts of City capital construction projects. (7)Acquiring property interests necessary to accommodate drainage facilities included within the stormwater system. (8)Complying with agreements of the City pertaining to stormwater, and with the laws, rules and regulations of all other governmental agencies having jurisdiction over stormwater within the City. (9) Obtaining and supporting grant, loan and assistance programs of other public agencies having a common interest in stormwater projects, studies and management programs. (Ord. 8 §1, 2006) • Sec. 12-195. - Powers. Acting by and through the utility, the City shall exercise all powers and authority to perform the functions set forth in Section 12-194 above which are conferred upon the City by the statutes and Constitution of the State. (Ord. 8 §1, 2006) • Sec. 12-196. - Stormwater Utility Fund created. There is hereby created the Stormwater Utility Fund, which shall be accounted for as a separate and distinct fund of the City. Any and all funds allocated to or received by the Stormwater Utility Fund shall be used solely and exclusively to perform the functions set forth in Section 12-194 above; provided that the Stormwater Utility Fund may reimburse other City funds for expenses incurred in the performance of the functions set forth in Section 12-194, and the Stormwater Utility Fund may likewise receive credit for services rendered by the utility to other funds or departments of the City; and provided further that nothing herein shall prevent the City from pledging all or any portion of funds or revenues allocated to the Stormwater Utility Fund to the payment of principal, interest, premium, if any, and reserves for bonds or any other obligations lawfully issued or contracted for by the City for the payment or other financing of utility functions, or for the purpose of refunding any such obligations. The annual budget of the Public Works Department shall include a proposed budget for the operations of the utility. (Ord. 8 §1, 2006) • Sec. 12-197. - Utility revenues. (A) Effective as of January 1, 2007, there is dedicated and allocated to the Stormwater Utility Fund each fiscal year from the Sales Tax Improvement Fund five (5) percent of the total revenue to the Sales Tax Improvement Fund from sales and use taxes only in the immediately preceding year, or twenty-five thousand dollars ($25,000.00), whichever is less. Notwithstanding any other provision of this Article, however, any restrictions applicable to funds allocated to the Sales Tax Improvement Fund shall follow and govern the use of funds allocated to the Stormwater Utility Fund from the Sales Tax Improvement Fund, and the City shall account for the funds in the Stormwater Utility Fund so as to distinguish Sales Tax Improvement Fund proceeds, and the income therefrom, from all other funds in the Stormwater Utility Fund. (B) In addition to the revenues allocated pursuant to Subsection (A) above, the Stormwater Utility Fund is further authorized to accept and expend as authorized in Subsection (A) any and all funds and other assets received as gifts, grants, contributions-in-kind, participation or reimbursement payments, and any other funds or assets lawfully allocated or dedicated to the Stormwater Utility Fund. (Ord. 8 §1, 2006) Attachment 2: Stormwater Utility Funding Calculator ATTACHMENT 2