Title
A Resolution authorizing the Stormwater Enterprise Manager to execute Memorandums of Agreement with the Department of the Army related to the COS Creek Plan Feasibility Study
Presenter:
Erin Powers, P.E., Stormwater Enterprise Manager
Body
Summary:
The City of Colorado Springs Stormwater Enterprise is partnering with Pikes Peak Waterways and Colorado Springs Utilities to progress a Feasibility Study under Section 203 of the Water Resources Development Act (WRDA). If authorized, the Stormwater Enterprise will utilize the United States Army Corps of Engineers (USACE) to provide guidance and perform federal oversight for the study. The proposed resolution authorizes the Stormwater Enterprise Manager to execute Memorandums of Agreement with the Department of the Army.
Background:
The City of Colorado Springs Stormwater Enterprise is acting as the Non-Federal Sponsor to develop a feasibility study for the COS Creek Plan, leveraging a unique partnership between Pikes Peak Waterways (non-profit), the City’s Stormwater Enterprise, and Colorado Springs Utilities. The COS Creek Plan extends from the Austin Bluffs Bridge over Monument Creek to the El Pomar Youth Sports Park on Fountain Creek. The plan will develop a vision for the creek corridor that respects our community’s values, responds to infrastructure needs, and transforms the creek corridors into public amenities. The feasibility study will focus on maximizing community, economic, and environmental benefits.
Section 203 of the Water Resources Development Act (WRDA) of 1986 allows non-Federal interests to prepare a feasibility study for submittal to the Assistant Secretary of Army for Civil Works (ASA(CW)), and pending approval, potential authorization by Congress. Projects are generally cost-shared at 65% federal and 35% non-federal. Under the Section 203 authority, feasibility studies prepared by a non-federal entity must comply with all requirements that would apply to a feasibility study undertaken by the United States Army Corps of Engineers (USACE), including full compliance with the National Environmental Policy Act (NEPA).
The City of Colorado Springs is targeting a WRDA 2028 submission, and the study effort will take approximately 24 months. The Memorandums of Agreements authorize the City of Colorado Springs to utilize and pay USACE to perform inherently governmental activities and to provide technical and policy review. Partnering with USACE in this manner will play a critical role in the successful completion of the study. When complete, the Feasibility Study will be submitted to the ASA(CW). If accepted, the Feasibility Study will be transmitted to the White House Office of Management and Budget for clearance and approval to forward the recommendations to the appropriate Congressional committees for consideration.
The intent is to position the project for eligibility to receive federal appropriations from Congress to support subsequent engineering and construction activities. Utilizing federal funding for this effort will greatly expand the Stormwater Enterprise’s capacity to advance needed capital projects along key creek corridors throughout the City.
Previous Council Action:
N/A
Financial Implications:
The COS Creek Plan Memorandums of Agreement are funded through the Stormwater Enterprise. There is no impact to the General Fund.
City Council Appointed Board/Commission/Committee Recommendation:
N/A
Stakeholder Process:
N/A
Alternatives:
Disapprove the authorization to enter Memorandums of Agreement, such that the City does not partner with the Department of the Army. This action would reduce the likelihood of success for the COS Creek Plan.
Recommended Action
Proposed Motion:
Move to approve the resolution authorizing the Stormwater Enterprise Manager to execute Memorandums of Agreement with the Department of the Army related to the COS Creek Plan Feasibility Study.
Summary of Ordinance Language
N/A