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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 09/19/2000 - SECOND READING OF ORDINANCE NO. 113, 2000, AUTHORI AGENDA ITEM SUMMARY ITEM NUMBER: ') FORT COLLINS CITY COUNCIL DATE: September 19, 2000STAFF: Tom Shoemaker SUBJECT: Second 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 Second Reading. 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. Ordinance No. 113, 2000, which was unanimously adopted on First Reading on September 5, 2000, authorizes the conveyance of a non-exclusive easement for the construction of a new sewer line to connect newly developing areas in southeast Fort Collins to the existing sewer line. AGENDA ITEM SUMMARY ITEM NUMBER: 40 FORT COLLINS CITY COUNCIL DATE: September 5, 2000 STAFF: 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 k0rddi nce o i eading 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 com sa n f e alu of the temporary construction easement and the permanent ement his u w det ned by the City's Right-of-Way Agent. The developer has al agreed pay t City th osts of relocating raptor perches and trees and shrubs, which tma b 00, an 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 portio o sou east Fort Collins. The proposed easements would allow the construction of a n sew a to n ct d eloping areas in southeast Fort Collins to the existing sewer I e. 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 (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 severalCep td 1 i th r s sewer line on the City Natural Area. Several factors dictateloc 'o IAL -AL • 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, i which would entail si ' n e • Existing sewer servi withi azago at is sized to handle any additional capacity. Adding ad 'onal li thr is devel ment would still entail crossing the Fossil Creek Wetlan ur • 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 Cre T ulPolocate 1 the natural resources than the proposed route. TM ONE has worked with Natur esour stTh roposed 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:Stotmwater 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 I 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 b gra tha P of i e following construction. Limitation on the length expos trenc any a time to limit the potential for resource damage due to he t e is 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 h r ea over the long-term. . The Natural Resources AdviUneo (Pcmil een to Council that new easements not be granted across public has ted 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. UOPY i I I •