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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 10/07/2003 - SECOND READING OF ORDINANCE NO. 130, 2003 AUTHORIZ AGENDA ITEM SUMMARY ITEM NUMBER: 13 DATE: October 7, 2003 FORT COLLINS CITY COUNCIL FROM: Cam McNair/ Matt Baker SUBJECT : Second Reading of Ordinance No. 130,2003,Authorizing a Temporary Construction Easement for Construction of a Water Line Across Portions of Fossil Creek Wetlands Natural Area and Fossil Creek Reservoir Natural Area By Fort Collins-Loveland Water District and Approving a Slope Restriction on Portions of Said Natural Areas to Protect City Storm Drainage Improvements. RECOMMENDATION: Staff recommends adoption of the Ordinance on Second Reading. EXECUTIVE SUMMARY: The Fort Collins-Loveland Water District(FCLWD)will be constructing a 30"diameter water line in Timberline Road from Trilby to Carpenter. The City of Fort Collins Stormwater Utility needs critical flood control box culverts installed in this location of Timberline for public safety during 100-year storm events. The City and FCLWD are constructing the improvements cooperatively under one contract to minimize cost and impact to the public. The Fort Collins-Loveland Water District will be installing a 30"diameter water line in Timberline Road from Trilby to Carpenter,and continuing south to serve the new Larimer County Event Center and the expanding facilities in the vicinity of the Fort Collins-Loveland Airport. Through inter- agency coordination,the City Stormwater Utility will,in conjunction with this project,install a large drainage crossing on Timberline at Fossil Creek consisting of several box culverts to pass projected 100-year stormwater flows. These improvements are adjacent to the Fossil Creek Wetlands Natural Area property on the west and to the Fossil Creek Reservoir Natural Area on the east, adjacent Timberline Road. This Ordinance was unanimously adopted on First Reading on September 16, 2003. AGENDA ITEM SUMMARY ITEM NUMBER: 15 DATE: September 16, 2003 FORT COLLINS CITY COUNCIL FROM: Cam McNair/ Matt Baker SUBJECT : First Reading of Ordinance No. 130, 2003, Authorizing a Temporary Construction Easement for Construction of a Water Line Across Portions of Fossil Creek Wetlands Natural Area and Fossil Creek Reservoir Natural Area By Fort Collins-Loveland Water District and Approving a Slope Restriction on Portions of Said Natural Areas to Protect City Storm Drainage Improvements. RECOMMENDATION: Staff recommends adoption oCedi nce PtReaydinhse Natural Resources Advisory Board (NRAB) has recommet th emdtrictions be approved. These requests meet the Natural Areas Easement Policy. EXECUTIVE SUMMARY: The Fort Collins-Loveland Water District(FCLWD)will be constructing a 30"diameter water line in Timberline Road from Tri1 yo-C a ter.TTh iG o rt llins Stormwater Utility needs critical flood control box cult' s insPa dint 1 at' o berline for public safety during 100-year storm events. The ty and �LWD r nstructi the improvements cooperatively under one contract to minimize oat~add 1 pac o. _public. Stormwater Utility will pay fair market value as compensation for the temporary construction easement and slope restriction required for fill areas adjacent to the box culverts and for restoration of disturbed areas in the amount of $439.06 ($106.67 for the temporary construction easements and$333.39 for the slope restrictions). In addition,administrative costs incurred by the Natural Areas program in the amount of$1,415 will be reimbursed by the Stormwater Utility. The temporary construction easements are being granted to the FCLWD as the entity that will be completing the work on the properties. The Fort Collins-Loveland Water District will be installing a 30"diameter water line in Timberline Road from Trilby to Carpenter nd co>at' ing ut o s e e eTw Latimer County Even[Center and the expanding facilities i the vici y of t rto ollin veland Airport. Through inter- agency coordination,the City w to tili i in conjun ion with this project,install a large drainage crossing on Timberline at ossil Creek consisting of several box culverts to pass projected 100-year stormwater flows. These improvements are adjacent to the Fossil Creek Wetlands Natural Area property on the west and to the Fossil Creek Reservoir Natural Area on the east, adjacent Timberline Road. Staff believes that consolidating resources and construction activities is an efficient way to use public resources and to minimize construction and traffic impacts. The FCLWD and City Stormwater and Engineering staffs have been working with Natural Areas staff and the NRAB for the past year to identify potential impacts of the project, design the project to limit the impacts, and to design a positive mitigation plan. Many design changes have been implemented as a result of input from members of the NRAB. Many studies have been completed or are nearing completion on the environmental issues including: ep em er DATE: ITEM NUMBER: 15 • An Ecological Characterization Study: ➢ Wildlife use ➢ Wetlands Boundary ➢ Prominent views ➢ Identification of native site vegetation ➢ Bank, shoreline and high water mark of streams and water bodies ➢ Sensitive and Specially Values Species ➢ Wildlife movement corridors • A Migratory Waterfowl�A116riepir , an th '"W to- wl dy • A Winter Raptor Stud • Red-tailed Hawk Nests Ste • Hydrologic/Water Quality6i round er Stu `y • Flood Water Inundation Study for the 1-year, 2-year, 5-year, 10-year and 100-year floods A mitigation plan for the 0.77 acre of disturbed wetlands on a 1 to 1 ratio has been reviewed by the NRAB. The mitigation consists of stream restoration on Fossil Creek (shown as Phase 1B on the attached drawing). The federal 404 permit indicating the stream restoration project as mitigation has been approved. In addition,Natural Resources s f re u' d ' sio s-in the easement agreement and on the plans for resource prot ion du ' cons c n d toration following construction. Construction scheduling has b set to a the a mpacton igratory shorebirds and is planned to start at the end of October. ORDINANCE NO. 130, 2003 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING A TEMPORARY CONSTRUCTION EASEMENT FOR CONSTRUCTION OF A WATER LINE ACROSS PORTIONS OF FOSSIL CREEK WETLANDS NATURAL AREA AND FOSSIL CREEK RESERVOIR NATURAL AREA BY FORT COLLINS-LOVELAND WATER DISTRICT AND APPROVING A SLOPE RESTRICTION ON PORTIONS OF SAID NATURAL AREAS TO PROTECT CITY STORM DRAINAGE IMPROVEMENTS WHEREAS, the City of Fort Collins is the owner of the property located adjacent and to the west of Timberline Road near Fossil Creek known as the Fossil Creek Wetlands Natural Area, and adjacent and to the east of Timberline Road near Fossil Creek know as the Fossil Creek Reservoir Natural Area (together referred to as the "Natural Areas"); and WHEREAS, the Fort Collins-Loveland Water District ("FCLWD") plans to construct a 30-inch diameter water line in Timberline Road from Trilby Road to Carpenter Road, and continuing south, to serve the Latimer County Events Center and the expanding facilities in the vicinity of Fort Collins-Loveland Airport (the "Water Line"); and WHEREAS, City stormwater staff has identified a need for critical flood control box culverts in the vicinity of the Water Line in order to improve public safety in 100-year flood events (the "Stormwater Improvements"); and WHEREAS, FCLWD and the City have worked to develop a cooperative plan for the construction of the Water Line and the Stormwater Improvements (together referred to as the "Project"), so as to minimize cost and disruption associated with the construction; and WHEREAS, in order to complete the construction of the Project, staff has determined that activities on the Natural Areas will be required; and WHEREAS, in addition, in order to mitigate disruption of the 0.77 acre of wetlands that will result from the foregoing construction work on a 1 to 1 ratio, it has been proposed, and agreed by FCLWD, City staff and the Army Corps of Engineers (the entity with regulatory authority over these wetlands) that the Project include stream restoration to Fossil Creek on the Fossil Creek Wetlands Natural Area; and WHEREAS in order to permit the Project as described herein to proceed, it is necessary for the City to grant to FCLWD a temporary construction easement (the "TCE") across a total area of 249,755 square feet (5.73 acres) of the Natural Areas as described and shown on Exhibit "A", attached hereto and incorporated herein by this reference (the "TCE Area"); and WHEREAS, in order to provide permanent lateral support for the Stormwater Improvements, staff recommends that the Council determine to provide said lateral support for the Stormwater Improvements over a total of 3,549 square feet (0.0815 acres) of the Natural Areas as described on Exhibit `B", attached hereto and incorporated herein by this reference (the "Slope Restrictions"), a notice of which shall be completed and recorded in the real property records of the Latimer County Clerk and Recorder; and WHEREAS, in exchange for the grant of the TCE and the imposition of the Slope Restrictions on the Natural Areas, the City Stormwater Utility has agreed to pay to the appropriate Natural Areas fund the total sum of$439.06, which represents the fair market value of the use of the Natural Areas as described ($106.67 for the TCE and $333.39 for the Slope Restrictions), excluding the area of wetlands mitigation; and WHEREAS, in addition, administrative costs to the Natural Areas program in the amount of $1,415 will also be reimbursed to the appropriate Natural Areas fund from the Stormwater Utility; and WHEREAS, City staff proposes to negotiate with FCLWD an easement agreement consistent with the terms of this Ordinance that will include specific resource protection and restoration requirements intended to result in an improved condition of the TCE Area and protection of existing resources on the TCE Area, including revegetation of disturbed areas; and WHEREAS, City staff believes that the wetland mitigation/stream restoration activities proposed as part of the Project will result in positive impacts to the Natural Areas, and will be mutually beneficial in advancing a number of stormwater, water and natural area objectives; and WHEREAS, the Natural Resources Advisory Board considered the proposed grant of the TCE and establishment of the Slope Restrictions, as described herein, at its regular meeting on September 3, 2003, and voted unanimously to recommend that the City Council authorize the same; and WHEREAS, Section 23-111 of the City Code provides that the City Council is authorized to sell, convey or otherwise dispose of an interest in real property owned by the City, provided the Council first finds by ordinance that any sale or disposition of that real property interest will be for the benefit of the City's citizens, and will be in the best interests of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the Council hereby finds that the grant of the TCE as described herein is in the best interests of the City of Fort Collins. Section 2. That the Mayor is hereby authorized to execute an easement agreement granting the TCE to FCLWD consistent with the terms of this Ordinance. Section 3. That in exchange for the payment of THREE HUNDRED THIRTY-THREE DOLLARS THIRTY-NINE CENTS ($333.39) to the appropriate Natural Areas fund, the Natural Areas shall be subject to the Slope Restrictions as set forth herein. Introduced, considered favorably on first reading, and ordered published this 16th day of September, A.D. 2003, and to be presented for final passage on the 7th day of October, A.D. 2003. Mayor TTEST- City Clerk \1�` Passed and adopted on final reading this 7th day of October, A.D. 2003. Mayor ATTEST: City Clerk