HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 09/05/2000 - FIRST READING OF ORDINANCE NO. 113, 2000, AUTHORIZ AGENDA ITEM SUMMARY ITEM NUMBER: 40
FORT COLLINS CITY COUNCIL DATE: September 5, 2000STAFF:
Tom Shoemaker
SUBJECT:
First Reading of Ordinance No. 113, 2000, Authorizing the Conveyance of Non-exclusive
Easement Interests For the Construction of an Offsite Sewer Line Related to the Linden Park
Development in Fossil Creek Wetlands Natural Area.
RECOMMENDATION:
Staff recommends adoption of the Ordinance on First Reading.
FINANCIAL IMPACT:
The developer of the Linden Park project will be responsible for all costs associated with the
construction of the sewer line and restoration of disturbed areas. The developer has agreed to
pay a total of $6,413 as compensation for the fair market value of the temporary construction
easement and the permanent easement. This value was determined by the City's Right-of-Way
Agent. The developer has also agreed to pay to the City the costs of relocating raptor perches
and trees and shrubs, which are estimated to be $700, and to pay to the City the amount of
$6,713 for management of areas to be reseeded by the developer. The total payment to the City
will be $13,826.
EXECUTIVE SUMMARY:
The City of Fort Collins purchased the parcels of land now known as Fossil Creek Wetlands
Natural Area in 1995. The northern portion of the property contains an existing sewer line,
which provides service to portions of southeast Fort Collins. The proposed easements would
allow the construction of a new sewer line to connect newly developing areas in southeast Fort
Collins to the existing sewer line.
BACKGROUND:
TM ONE, LLC, a Colorado limited liability corporation is the contract purchaser of a 37.30 acre
tract of land located in southeast Fort Collins, north of Trilby Road and west of Timberline
Road. TM ONE has proposed development of a 201-unit single family residential project known
as Linden Park. The development proposal has received approval and is scheduled for final
compliance review in September of this year.
As a condition of its approval for the Linden Park development, TM ONE is required to obtain
easements and right-of-way for the installation of a sanitary sewer line for the collection and
service of sanitary sewer and wastewater to the proposed development and other nearby areas
rt (north of Trilby Road and west of Timberline Road) that will develop in the future according to
DATE: September 5, 2000 2 ITEM NUMBER: 40
the City's adopted comprehensive land use plan. The proposed 15-inch line has been sized to
ensure adequate sewer service for these future development areas.
TM ONE has requested a 100-foot wide temporary construction easement and a 20-foot
permanent easement. TM ONE is required to design and construct the sewer line connection to
the existing sewer line, and following completion, turn the improvements over to the South Fort
Collins Sanitation District. A separate easement agreement has been developed for the
permanent easement for the operation, maintenance and repair of the line by the District. The
easement agreement does not allow replacement of this line or installation of any additional
facilities by the District.
TM ONE considered several alternatives to locating the proposed sewer line on the City Natural
Area. Several factors dictated the proposed location.
• There are no existing sewer lines within Timberline Road, so it was not an option to
connect directly from their property to a utility corridor to the east. Construction of a
new trunk line adjacent to Timberline is not in the District's future plans, and would
require disturbance of significant wetland areas within the City natural area, if that were
proposed.
• Similarly, there are no existing lines within Trilby Road and a connection along Trilby to
the east is infeasible because the terrain rises significantly in this area. Even if it were
feasible, this would require an entirely new trunk line in the Timberline right-of-way,
which would entail significant natural area disturbance.
• Existing sewer service within Paragon Estates is not sized to handle any additional
capacity. Adding additional lines through this development would still entail crossing
the Fossil Creek Wetlands Natural Area.
• It is technically feasible to cross open space tracts within the Paragon Estates
development for most of the route. However, this route could still not avoid crossing the
city-owned Natural Area and would cross vegetation that is less disturbed than that in the
proposed right-of-way.
• It is also technically feasible to route the proposed line west on Trilby Road and then turn
south to connect to the existing sewer main. The connection could be made either east of
the railroad tracks, or west of them. In either case, however, the line would still need to
cross open land with similar resource values to the proposed line, but would also entail
crossing of Fossil Creek. This would be more harmful to the natural resources than the
proposed route.
TM ONE has worked with Natural Resources staff to locate the proposed easement in a way that
minimizes disturbance of the site. The sewer line would be installed within an existing,
disturbed dirt roadway that provides access to a pump station located on the natural area. In
total, a maximum of 2.74 acres of land may be disturbed during the construction activity.
TM ONE has also agreed to all recommendations made by Natural Resources staff regarding
resource protection during construction and restoration of the property following construction.
These measures include the following:
• A specific access plan to assure construction activity only in designated areas.
• Survey of prairie dog burrows to determine occupancy and removal or fumigation of prairie
dogs in accordance with the City's policy for management of prairie dogs in City natural
areas and reimbursement of any costs incurred by the City.
DATE: September 5, 2000 3 ITEM NUMBER: 40
Erosion control plan in conformance with City Stormwater Design Criteria and Construction
Standards.
Construction timing to avoid periods of time when sensitive wintering birds of prey or
nesting burrowing owls are present.
Reimbursement to the City for the costs of removal and replacement of 15 shrubs, 3
cottonwood trees, and 1 raptor perch pole previously installed by the City, estimated at $700.
Posting of signs explaining the purpose for the sewer line installation.
Segregation of topsoil from disturbed areas.
Reseeding of disturbed areas per Natural Resources specifications and payment in the
amount of $6,713 for the costs anticipated by the City for long-term vegetation management
on the disturbed area.
Placement of manholes below grade so that they are not visible following construction.
Limitation on the length of exposed trench open at any one time to limit the potential for
resource damage due to heavy moisture events.
Restricting the duration of the construction process to a week or less.
Given the location of the existing main sewer line, the lack of better alternatives, and agreement
on the appropriate resource protection measures, staff recommends approval of the proposed
easements. The new sewer line will connect to an existing sewer line that was in place for many
years prior to the City's acquisition of the site. The sewer line location will not disturb any
sensitive vegetation and will not occur during periods of the year when especially sensitive
wildlife species are present on the site. The construction will create a short-term disturbance to
the natural area, but will not harm the public values of the Natural Area over the long-term.
The Natural Resources Advisory Board recently recommended to Council that new easements
not be granted across public natural areas until Council has adopted an overall policy regarding
the location of easements. The Board reviewed this easement during a Board Study Session on
August 16, 2000, and recommended against Council approval of the easement. A memorandum
from the Board is attached.
E,.
ORDINANCE NO. 113, 2000
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF
NON-EXCLUSIVE EASEMENT INTERESTS FOR
THE CONSTRUCTION OF AN OFFSITE SEWER LINE
RELATED TO THE LINDEN PARK DEVELOPMENT IN
FOSSIL CREEK WETLANDS NATURAL AREA
WHEREAS, the City of Fort Collins is the owner of that certain parcel of real property
located in Latimer County, Colorado, known as the Fossil Creek Wetlands Natural Area (the
"Natural Area"); and
WHEREAS,as a condition of its approval for the Linden Park Development,the Developer,
TM ONE, LLC, is required to obtain easements and rights-of-way for the installation of a sanitary
sewer line for the collection and service of sanitary sewer and wastewater to the Development and
other nearby areas to be developed in the future; and
WHEREAS,in order to install the sanitary sewer line,the Developer has requested a 100-foot
wide temporary construction easement and a 20-foot wide permanent sewer line easement, over
portions of the Natural Area as described respectively in Exhibits "A"and`B",attached hereto and
incorporated herein by this reference(the"Temporary Construction Easement'and the"Permanent
Easement'); and
• WHEREAS, the Developer has worked with City staff to locate and plan the construction
of the proposed sewer line in order to minimize disturbance to the Natural Area, and has negotiated
an Temporary Construction Easement Agreement conveying the Temporary Construction Easement
to TM ONE,LLC,a draft of which,dated September 5,2000,is on file in the office of the City Clerk
and available for public inspection (the "Temporary Easement Agreement'), and which includes
specific conditions governing the timing and extent of construction activities, and site reclamation
requirements; and
WHEREAS,the South Fort Collins Sanitation District(the"District')has worked with City
staff to negotiate an Easement Agreement conveying the Permanent Easement to the District,a draft
of which, dated September 5, 2000,is on file in the office of the City Clerk and available for public
inspection(the"Easement Agreement'), which includes specific conditions governing the ongoing
operation, maintenance and repair of the proposed sewer line; and
WHEREAS, in exchange for the grant of the Temporary Construction Easement and the
Permanent Easement, the Developer has agreed to pay to the City the fair market value of those
Easements, which staff has determined to be $6,413; and
WHEREAS,the Developer has agreed to pay to the City its costs of relocating raptor perches
and trees and shrubs, which are estimated to be $700, and to pay to the City the additional amount
of$6,713 for management of areas impacted by the construction, which will be reseeded by the
. Developer in accordance with City specifications; and
WHEREAS, staff recommends approval of the Temporary Construction Easement and the
Permanent Easement in view of the resource protection measures to which the Developer and the
District have agreed, and because any resulting disturbance will be minor and short-term, and will
not affect sensitive vegetation or sensitive wildlife species; and
WHEREAS, Section 23-111 of the City Code provides that the City Council is authorized
to sell, convey or otherwise dispose of real property owned by the City, provided the Council first
finds by ordinance that any sale or other disposition of real property owned by the City is in the best
interest of the City of Fort Collins.
NOW,THEREFORE,BE IT ORDAINED BY THE COUNCIL.OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the conveyance of the Temporary Construction Easement and the
Permanent Easement, as set forth herein, is in the best interest of the City of Fort Collins.
Section 2. That the Mayor is hereby authorized to execute the Temporary Easement
Agreement and the Easement Agreement,together with such additional terms and conditions as the
City Manager, in consultation with the City Attorney,determines to be necessary or appropriate to
protect the interests of the City.
Introduced, considered favorably on first reading, and ordered published this 5th day of
September, A.D. 2000, and to be presented for final passage on the 19th day of September, A.D.
2000.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 19th day of September, A.D. 2000.
Mayor
ATTEST:
City Clerk
• EXHIBIT A PAGE I OF 2
CITY OF FORT COLLINS CONSTRUCTION EASEMENT
A 100' WIDE TEMPORARY CONSTRUCTION EASEMENT LOCATED IN THE
NORTHEAST QUARTER OF SECTION 18, TOWNSHIP 6 NORTH, RANGE 68
WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF LARIMER, STATE
OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SECTION 18, T6N, R68W;
AND CONSIDERING THE NORTH LINE OF THE NORTHEAST QUARTER OF
SAID SECTION 18 TO BEAR S89-01'00"W, WITH ALL OTHER BEARINGS
CONTAINED HEREIN RELATIVE THERETO;
THENCE ALONG SAID NORTH LINE OF SECTION 18 S89001'00"W, 1922.59
FEET; THENCE S00°59'00"E, 30.00 FEET TO THE POINT OF BEGINNING;
THENCE S02000'58"E, 1045.07 FEET ALONG THE WEST LINE OF PARAGON
ESTATES;
THENCE S83007'34"E, 70.76 FEET ALONG THE SOUTHWEST LINE OF
PARAGON ESTATES;
THENCE S62026'51"W, 227.23 FEET TO THE NORTHEASTERLY LINE OF THE
EXISTING SANITARY SEWER EASEMENT AS DESCRIBED IN BOOK 1714,
PAGE 440;
THENCE N27033'13"W, 100.00 FEET ALONG SAID EXISTING SEWER
. EASEMENT;
THENCE N62026'51"E, 86.70 FEET;
THENCE N02000'58"W, 1028.16 FEET PARALLEL WITH AND 100 FEET WEST OF
THE WEST LINE OF PARAGON ESTATES
THENCE N8900l'00"E, 100.02 FEET TO THE TRUE POINT OF BEGINNING.
SAID EASEMENT CONTAINS 2.74 ACRES MORE OR LESS AND IS SUBJECT TO
ANY EASEMENTS AND RIGHTS OF WAY OF RECORD OR THAT NOW EXIST
ON THE GROUND.
SURVEYOR'S STATEMENT
1, Robert L. Hahn, a licensed land surveyor in the State of Colorado, do hereby state for
and on behalf of TST, Inc. Consulting Engineers, that this Legal Description and Exhibit
accurately represent the results of a survey made under my responsible charge and
prepared in accordance with applicable laws of the State of Colorado at the time of this
survey, to the best of my knowledge, information and belief.
12
Ro,bert L. Hatih, P.L.S. ate
• s
EXHIBIT A PAGE 2 C F 2
EMPORARY COI ISTRUCTION EA EMENT EXHIBIT
CITY OF FORT COLLINS
HAHNA S 8147D/VANOH I POINT COMMENCEMENT
N.E, CORNER
LOT 5 LOT 4 LOT 3 LOT 2 SEC. 18, T6N,
—- R68W
N69ro1'00"E 500'59'oOE
100.02' 30.00' _—_—_—_ _—_—_
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BASIS WBEARINGS ��Y� J1
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CORNER SEC. 18, I POINT OF /{A(F R.O.W.
76N, R68W BEGINNING
TRACT A LOT 18
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ACCESS EASDOENT
ORAMIAGE
EASEMENT LOT 17
TRACT B
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EXHIBIT B PAGE 1 OF 2
CITY OF FORT COLLINS EASEMENT
A UTILITY EASEMENT LOCATED IN THE NORTHEAST QUARTER OF
SECTION 18, TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE SIXTH
PRINCIPAL MERIDIAN, COUNTY OF LARIMER, STATE OF COLORADO, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SECTION 18, T6N, R68W;
AND CONSIDERING THE NORTH LINE OF THE NORTHEAST QUARTER OF
SAID SECTION 18 TO BEAR S89-01-00"W, WITH ALL OTHER BEARINGS
CONTAINED HEREIN RELATIVE THERETO;
THENCE ALONG SAID NORTH LINE OF SECTION 18 S89001-00"W, 1943.61
FEET; THENCE S00°59'00"E 30.00 FEET TO THE POINT OF BEGINNING;
THENCE N89001'00"E, 20.00 FEET;
THENCE S02°00-58"E, 1045.07 FEET ALONG THE WEST LINE OF PARAGON
ESTATES;
THENCE S62026'51"W, 168.86 FEET TO THE NORTHEASTERLY LINE OF THE
EXISTING SANITARY SEWER EASEMENT AS DESCRIBED IN BOOK 1714,
PAGE 440;
THENCE N27033'09"W, 20.00 FEET ALONG SAID EXISTING SEWER
EASEMENT;
THENCE N62026'5I"E, 156.25 FEET;
THENCE N02000'58"W, 1032.82 FEET PARALLEL WITH THE WEST LINE OF
PARAGON ESTATES TO THE TRUE POINT OF BEGINNING.
SAID EASEMENT CONTAINS 0.55 ACRES MORE OR LESS AND IS SUBJECT TO
ANY EASEMENTS AND RIGHTS OF WAY OF RECORD OR THAT NOW EXIST
ON THE GROUND.
SURVEYOR'S STATEMENT
I, Robert L. Hahn, a licensed land surveyor in the State of Colorado, do hereby state for
and on behalf of TST, Inc. Consulting Engineers, that this Legal Description and Exhibit
accurately represent the results of a survey made under my responsible charge and
prepared in accordance with applicable laws of the State of Colorado at the time of this
survey, to the best of my knowledge, information and belief.
PyiT L,67
�T�rfi�y
RoiKert L. Hahn, P.L.S. Date
rrr r.a,.aauu°4
EX ISIT B PAGE 2 OF 2
UTILln Y EASEMENT ED NIBIT
CfT F OF FORT COU JNS
ANWAOMS 8(AOMMON I POINT OF
' COMMENCEMENT
N.E. CORNER
LOT 5 LOT 4 LOT 3 LOT 2 SEC. 18, T6N,
—- R68W
N89'Ot'00"
S00'59'O0E 20.00'
----- _ 30.00: - ----------- -----
BASIS OF BEARINGS T Y
�', - - - - - 1 - - - - - -� - - - - �,
searol'oo'w 19s3.61' 3I,� -- 01
NORTH 114 50'PROPOSED
CORNER SEC. 18, HALFR.O.IK HALF-R.a
T6N, R68W POINT OF
BEGINNING
]PACT A LOT 18
N
60'PR/YAIE
ACCESS EASEMENT
d ORAWAGY
iEASEMENT LOT 17
,
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O N
100 0 100 200 N 0
engim O O
Beale 1 tent 0 -' N i
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TRACT D
PAR40M ESUTES P.Ua
NwATM I
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Sq/IH FORT CMUNS
SAAYTARON OIS7RICT
20'U777.ITY
EAsEAIENT TRACT c
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20.00' 1 `�
6 �6 86
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TST, INC.
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Community Planning and Environmental Services ;
Natural Resources Department
MEMORANDUM
City of Fort Collins FROM THE CITY OF FORT COLLINS
NATURAL RESOURCES ADVISORY BOARD
DATE: August 27, 2000
TO: Mayor and Council Members
John Fischbach, City Manager
FROM: Randy Fischer on Behalf of the Natural Resources Advisory Board
SUBJECT: Easement to Cross Fossil Creek Wetlands Requested by
TM One and South Fort Collins Sanitation District
The Natural Resources Advisory Board (NRAB) urges the Fort Collins City
Council to deny the request by TM One and the South Fort Collins Sanitation
District (the District) for a temporary and permanent easement to cross the Fossil
Creek Wetland natural area with an underground sewer pipe. A proposal to
convey the easements is being drafted by the Natural Resources Department
(NRD) staff and is scheduled for Council's consideration on September 51-2000.
The proposal for Council action is titled Ordinance 113, 2000.
The NRAB is opposed to granting these easements at this time for the following
reasons:
1. The City currently has no policy for evaluating and processing easement
requests on City-owned natural areas. In the absence of a written policy, the
NRAB has no basis for approving the requested easement because no
evaluation criteria have been established. We recommend denying any new
easement requests until such a policy is developed and adopted by Council.
We feel strongly that easement requests should only be granted if they
comply with an established set of criteria and the requested alignments are
the only acceptable, cost-effective alternatives available.
2. Other viable alternatives to crossing the natural area exist. However, neither
the developer, TM One, nor the District has presented the NRAB, NRD staff,
or Council with engineering evaluations or cost analyses of any other
alternatives. Hence, we have no way of comparing the requested easement
with any other alternative alignments for the sewer line.
3. The NRAB has not been presented with any information regarding long-term
master planning for utilities in the area of Fossil Creek Wetlands. We are
concerned that other development occurring along Trilby and Timberline
Roads will necessitate additional sewer lines and easements across the
natural area. We recommend denial of the proposed easement unless the
Page 1 of 2
August 27, 2000, NRAB Recommendations
Utility Easement Request by TM One and South Ft. Collins Sanitation District
281 N. College Ave. • P.O. Box 580 • Fort Collins,CO 80522-0580 • (970) 221-6600 • FAX(970)224-6177
City is provided with binding assurances that additional easements will not be
needed and that the pipeline will not have to be dug up and expanded in the
future.
4. In the absence of a formal procedure for processing easement requests,
developers are not required to compensate the NRD for staff time expended
in processing their requests. We believe the Natural Areas Program staff is
spending an inordinate amount of time processing utility easement requests
while other important duties are neglected. The NRAB strongly recommends
that the Natural Areas Program be compensated for the staff time devoted to
this and other easement requests. We believe the current request should be
denied until a formal procedure with a fee schedule for processing requests is
.adopted by Council.
5. Again, because of the absence of a formal procedure, TM One and the
District expected staff to expedite this request to prevent a crisis brought on
by their own scheduling problems. Council should send a strong statement to
the development industry that the Natural Resources staff cannot be
expected to curtail other important duties to process easement requests
simply to meet a developer's unrealistic schedule. We believe this request
should be denied until a formal procedure with established timelines for
processing easement requests is adopted by Council.
6. The NRAB has been presented with no comparative cost analysis of the
compensation being asked in exchange for granting this easement. We
recommend denying the easement request until an analysis of its true value
based on comparable easements on private land is presented. Without such
an analysis, the NRAB and Council have no basis for determining if the City
is receiving fair compensation from the developer in exchange for granting
the easement.
The NRAB is currently working with NRD staff and Councilman Bertschy on
developing a policy and procedures for processing easement requests through
City-Owned natural areas. This policy/procedure will establish evaluation
criteria, submittal requirements, fee schedules, and processing schedules that
are currently lacking. We hope this policy/procedure will help safeguard the
values we cherish in our natural areas, as well as assuring the citizens that the
true costs of processing and conveying the easements are borne by the
applicants.
In conclusion, we recommend denial of the TM One and District's easement
request until their request can be processed and evaluated in accordance with a
formal, adopted procedure and policy.
Page 2 of 2
August 27, 2000, NRAB Recommendations
Utility Easement Request by TM One and South Ft. Collins Sanitation District