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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 12/07/1999 - SECOND READING OF ORDINANCE NO. 186, 1999 AUTHORIZ AGENDA ITEM SUMMARY ITEM NUMBER: 34 DATE: December 7, 1999 FORT COLLINS CITY COUNCIL STAFF: Mark Sears SUBJECT: Second Reading of Ordinance No. 186, 1999 Authorizing the Conveyance of Non-exclusive Easement Interests to Boxelder Sanitation District for the Construction of Flood Control Measures and the Repair of Flood-Caused Damage in and Along the Poudre River in the Archery Range Natural Area. RECOMMENDATION: Staff recommends adoption of the Ordinance on Second Reading. i i i i EXECUTIVE SUMMARY: i Ordinance No. 186, 1999 was adopted on First Reading on November 16, 1999 by a vote of 4-3, and authorizes the conveyance of an easement to Boxelder Sanitation District for the construction of flood control measures as well as repairs along the Poudre River caused by flood damage. The Boxelder total compensation for the temporary construction easement and permanent easement is $2,000. This Ordinance has been revised since First Reading to clarify that the subject property was a originally purchased by the Wastewater Utility as excess flood plain property. a j t i P r i F e 9 d i 3 t 9+9 d 3 G i A i . ORDINANCE NO. 186, 1999 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF NON-EXCLUSIVE EASEMENT INTERESTS TO BOXELDER SANITATION DISTRICT FOR THE CONSTRUCTION OF FLOOD CONTROL MEASURES AND THE REPAIR OF FLOOD-CAUSED DAMAGE IN AND ALONG THE POUDRE RIVER IN THE ARCHERY RANGE NATURAL AREA WHEREAS, the City of Fort Collins is the owner of that certain parcel of real property located in Larimer County, Colorado, known as the Archery Range Natural Area ("the Natural Area") known as the Archery Range Natural Area("the Natural Area"); and WHEREAS, Boxelder Sanitation District (the "District") owns property adjacent to the Natural Area, upon which the District has located certain facilities, including sewage lagoons and treatment plant; and WHEREAS, in late April, 1999,heavy rains caused flooding and damage in the vicinity of the Natural Area and the District's adjacent facilities,as had similar flood events in previous years; and WHEREAS, the District wishes to acquire a non-exclusive easement under and through a portion of the Natural Area approximately .535 acres in size,as described on Exhibit"A",attached hereto and incorporated herein by this reference (the "Permanent Easement"),for the construction and maintenance of flood control structures in cooperation with the U.S.Army Corps of Engineers, to reduce the risk of flood damage in the sewage treatment lagoons of the District adjacent to the Easement; and WHEREAS, the District further wishes to acquire a non-exclusive easement under and through a portion of the Natural Area approximately 8 acres in size, as described on Exhibit "B", attached hereto and incorporated herein by this reference (the "Temporary Easement"), for construction and maintenance work to repair damage to the Poudre River bank from April 1999 flooding,and to allow the completion of the work connected with installation of the improvements contemplated in the Permanent Easement; and WHEREAS,the District also seeks to alter the construction of a sewer line installed on the Natural Area pursuant to the easement granted to the District by the City in June, 1998,pursuant to Ordinance No. 99, 1998 (the "Sewer Line Easement"),in order to provide additional protection for the sewer line, and has requested that the City agree to amend the Sewer Line Easement to incorporate revised construction plans, to be approved by City staff; and WHEREAS, in exchange for the Permanent Easement and the Temporary Easement, the District has agreed to pay to the City the fair market value of those easements d $2= for deposit in the was, iIfilit%Fund; and WHEREAS,staff plans to prepare the necessary easement documents and the City Manager will forward the same to the Mayor for execution, upon approval by the City Manager of detailed plans for the improvements to be completed under the easements, including the definition of the limits of disturbance of the Natural Area within the easement areas,and receipt of a certification by the District that it has available for expenditure of all funds necessary for the completion of the improvements and restoration of the Natural Area; 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 b ordinance that any sale or disimsition of real ro a owned b the Ci 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 above described conveyance of the Permanent Easement and the Tem or Easement and the amendment of the Sewer Line Easement consistent with the fore oin 0 are in the best interests of the City. Section 2. °} 3incil ire " Section 3. That the Mayor is hereby authorized to execute such documents of conveyance as are necessary to convey the Permanent Easement and the Temporary Easement to Boxelder Sanitation District,and to amend the Sewer Line Easement,consistent with the terms and conditions described above, upon the approval by the City Manager of detailed plans for the improvements to be completed under the easements, including the definition of the limits of disturbance of the Natural Area within the easement areas, and receipt of a certification by the District that it has available for expenditure all funds necessary for the completion of the improvements and restoration of the Natural Area. Introduced, considered favorably on first reading, and ordered published this 16th day of November,A.D. 1999,and to be presented for final passage on the 7th day of December, A.D. 1999. Mayor ATTEST: . City Clerk Passed and adopted on final reading this 7th day of December, A.D. 1999. Mayor ATTEST: City Clerk • EXHIBIT "All . PERMANENT EASEMENTS -A & B BOXELDER SANITATION DISTRICT These,- permanent easement A and permanent easement B, being part of the East Half of the Northeast Quarter (E1/2 NE1/4) of Section Twenty-eight (28) in Township Seven North (T.7N.), Range Sixty4ght West(R.68W.) of the Sixth Principal Meridian (6th P.M.), County of Larimer, State of Colorado and being more particularly described as follows: EASEMENT A: BEGINNING at the Southeast Comer of said Section 28 and assuming the North line of the Northwest Quarter of Section 34 as bearing North 89°26'18" East a distance of 2645.46 feet with all other bearings contained herein relative thereto: THENCE North 160 13'56"West a distance of 4415.74 feet to the TRUE POINT OF BEGINNING: THENCE South 24°54'11" East a distance of 64.40 feet; THENCE South 61°05'06"West a distance of 162.94 feet; THENCE North 00025'25"West a distance of 79.42 feet; THENCE North 63°51'00" East a distance of 9.16 feet; THENCE North 63°30'00" East a distance of 120.52 feet to the TRUE POINT OF BEGINNING. Said described permanent easement A contains 0.226 acres, more or less (t) and is subject to any rights-of-way or other easements as granted or reserved by instruments of record or as now existing on said described parcel of land. EASEMENT B: BEGINNING at the Southeast Comer of said Section 28 and assuming the North line of the Northwest Quarter of Section 34 as bearing North 89*26'18" East a distance of 2645.46 feet with all other bearings contained herein relative thereto: THENCE North 13°20'44"West a distance of 4462.11 feet to the TRUE POINT OF BEGINNING: THENCE North 63°30'00" East a distance of 244.41 feet; THENCE South 08*05'07"West a distance of 85.20 feet; THENCE South 70°46'46"West a distance of 218.14 feet; THENCE North 00°54'55"West a distance of 47.09 feet to the TRUE POINT OF BEGINNING. Said described permanent easement B contains 0.309 acres, more or less (t) and is subject to any rights-of-way or other easements as granted or reserved by instruments of record or as now existing on said described parcel of land. Robert G. Flynn 11/24/99 Boxelder Sanitation District Fort Collins Co. 80522 (970)498-0604 . pmCAOFFMWPWI�SEMEN CFCABBAN TRUE POnvr OF BE ANNNG EASEMENT B 00 o N told TRUE POINT N6'j Dc1 co OF BEC394NNG EASEMENT A y 5 2 $ g N63 ' 51'00"E 9.16, 03°B N00'54'55"W PZ N6�-50 52 47.09' N o 1` S2LO l"E o �06 64 401 `O N 6N 0 0� 0.. `S jgS6.�v POINT OF BEGINNING BASIS OF BEARINGS NORTH ICE OF THE NW 1/4 SEC 34 T.M. R.BBW. NOT TO N W 28 W E 2645.46 SCALE E1411ENT-TO-BOOE.LOFR-SNlRAlION ffareldP.l a5&Ra&avfl DI9 ICt !1 e' j '� I N �• PoVQt-PnoTEcna-vVw an N.es�•.A rt uti..m emu.(em}+as-au � L Pr4=YfiVa9DepmP414399 It MIBIT B Page I of 2 : EXHIBIT NORTHEAST CORNER SECTION 28-T.7N.-R.66W. S86ro9'20"E 461.48' S19570'4.95'46"E N63g0�.yp N63 1'00"E 5 I &MS All A� S13'01'S2"W 65.37' S46'58'24'E L 226.11' � � J zo ��' �8.2g W. o� be• v �� �y of s �kk �. A° S� rn 60 A F I N16'02'31'WV j 189.33, \ TRUE POINT OF jBEGINNING \ 7212'20"W I WEST URE Or S73 5T04"W \ 89.06' I Et/2 NEt/4 24.20' I \ 72 9'42"W S70'24'31"W \ 71 05' I 33.53, \ I I w \\ I U I 4 \ t I I I I ✓ � I I � I \ I SOUTHEAST CORNER l SECTION 28-T.7N.-R.66W. \ j NORTHWEST CORNER \ SECTION 34-T.7N_-R.66W, , POINT OF 9EWNNING I NOT TO SG1,6 N89'T6'1 264$,46' \ BASIS OR BEARINGS \ NORTNUNE NW 1/4 SEC 4-T.7N.-R.66W.\ KING SURVEYORS, INC. PROJECT NO., 97047EX2 9299 EASTMAN PARK DRIVE DATE: JULY 27. 1998 WINDSOR, CO. 60550 PHONE: (970) 636-5011 CUENT: 13OXELDER Exhibit B Page 2 of 2 PROPERTY nFcrmlPTrnx A parcel of land being part of the East Half of the Northeast Quarter(El/2 NE 1/4)of Section Twenty�ighl(28)and part of the West Half of the Northwest Quater(W 12 N W 1/4)of Section 'rwcnty-seven(27),all in Township Seven North(T.7N.),Range Sixty-eight West(R.68 W,)of the Sixth Principal Meridian(6th P.M.),County of Larimer,State of Colorado and being murc particularly described as follows: - BEGINNING at the Southeast Corner of said Section 2?and assuming the North line of the Northwest Quarter of Section 34 as bearing North 89'2619"East a distance of 2645.46 feet with al I other hearings contained herein relative thereto: THENCE North 02631'19"West a distance of 3700.27 feet to the TRUE POINT OF BEGINNING: TI IENCE North 16002'38"West a distance of 189.33 feet; "I'1IE-NCE North 40°0246"West a distance of 349-OS feet; THENCE North 8002736"West a distance of 409.29 feet; THENC;South 56'13'59"West a distance of 608.44 feet to the West line of said F12 NEI/4; THENCE',North 00"25'25"West along said West line a distance of 306.61 feet; THENCE North 63°5100"Last a distance of 9.16 feet; THENCE North 63°30'00"East a distance of 593.30 feet; THENCI3 South 86*M)0"past a distance of 461.49 feet; THENCE South 10045'46"East a distance of 95.97 feet; TI IENCE South 13001'52"West a distance of 65.37 feet; TI IENCE South 46"58'24"East a distance of 226.11 feet; THENCE South 33021'50"East a distance of 412.94 feet; TIIL'NCE South 720 12'20"West a distance of 99.06 feet; THENCE South 72"59'42"West a distance of 71.05 feet; n IENCI?South 7002411"West t distance of 33,53 feet; TI IENCE South 73057'04"West a distance of 24.20 feet to the TRUE POINT OF BEGINNING Said described parcel of land contains 8.234 Acres,more or less(f)and is subject to any right"- of-way or other easements as granted or reserved by instruments of record or as now existing on said described parcel of land SURVEYOR'S CFRTIFICA3:E 1,Charles B.Jones,a Colorado Registered Professional Land Surveyor do hereby stale that this Property Description was prepared under my personal supervision and checking,and That it is true and correct to the best of my knowledge,information,belief,and in my professional opinion, Charles B.Jones Z; Colorado Registered Professio y:- Land Surveyor t22099 Fsr A N4l lAti� KING SURvEYORS,INC. 9299 Eastman Park Drive Windsor,Colorado 80550 (970)696-5011 Project Number: 97047 (July 28, 1998) (file:ficollin,txt) AGENDA ITEM SUMMARY ITEM NUMBER: 28 DATE: November 16, 1999 FORT COLLINS CITY COUNCIL STAFF: Mark Sears SUBJECT: First Reading of Ordinance No. 186, 1999 Authorizing the Conveyance of Non-exclusive Easement Interests to Boxelder Sanitation District for the Construction of Flood Control Measures and the Repair of Flood-Caused Damage in and Along the Poudre River in the Archery Range Natural Area. RECOMMENDATION: I V Staff recommends adoption of the Ordinance on First Reading. FINANCIAL IMPACT: The Boxelder Sanitation District BSD) will be responsible for all costs associated with the flood control measures and repairs floo se t proposing. The City will be compensated for the fair market valu f the pe ent and temporary construction easement as consideration. ount 'll etined p r to Second Reading. lip EXECUTIVE SUMMARY: This past summer Boxelder Sanitation District(BSD)received an easement from the City to do some minor emergency repair work g P v s its er lagoons. This work will be done by the US Army Corp of ngineer ater f ad tely protect the BSD lagoons and a 4 inch sewer line,BSD cont s that ch m e rk is nee d before flood season next spring. BSD has received approval from a Lari oun Flood view Board for its proposed flood control measures. BSD needs an additional easement from the City prior to performing the additional work. Staff, the Natural Resources Advisory Board (NRAB), and the Water Board, recommend that the use of the easement be limited to the construction of only four of the nine flood control measures and repairs of flood cause damage proposed by BSD at this time. Staff has determined that a more extensive study of the River is needed to define what flood control measures are warranted,to further explore alternatives,and to ensure that any flood control measures are compatible with future natural area restoration and enhancement efforts on the property. The other five flood control measures would have a significant impact on the River and on property that the Natural Resources Department DATE: November 16, 1999 2 ITEM NUMBER: 28 (NRD) is in the process of acquiring for natural area purposes south of the River. Staff is recommending that the NRD partner with BSD to fund the study, since the NRD manages (or will soon manage)on behalf of the City most of the surrounding property. BACKGROUND: Over the last three months,the County Stormwater Engineer,and staff have been meeting with BSD to determine what flood control measures are necessary to protect their treatment plant and a 4"force main sewer line from flood d B pr tation to the Larimer County Flood Review Board. The Fl d Re Bo q s ' e of the measures that BSD was proposing, and tabled the iss to allo BSD m o resol the concerns noted by the Flood Review Board and to resolve is th rmwat d Natural Resources). Members of the NRAB and staff have toured the BSD site and have had two presentations on the flooding problems facing BSD. On September 29,BSD presented the NRAB with its latest flood protection strategy. On October 13,the Natural Areas(NA)subcommittee of the NRAB met to discuss BSD's proposal. On November 3 the subcommittee reported back to the NRAB. The NRAB approved the recommendation made by the NA subcommittee. The flood control measures and repairs that the NRAB and staff have agreed are appropriate for BSD to construct at this time are the four items listed below. On October 22,BSD met again with the Larimer County Flood Review Board. The Flood Review Board approve st e p se To ontrol measures with these contingencies: 1) BSD must the lams prove by ity d County technical staff prior to starting construction,and 2 SD in or o appro from FEMA,although the Flood Review Board is not requiring ja ov , e eco on begins. City Stormwater and Natural Resources staff have determined that many of the flood control measures that BSD is proposing warrant further study. Many of the flood control measures will have a significant impact of the River and the surrounding property. The impacts range from short-term loss of vegetation to long-term effects on the floodway and floodplain. Staff is proposing that the Natural Resources Department(and perhaps other property owners in the area)partner with BSD to fund an extensive study of the River between the Environmental Learning Center and the railroad track south of the BSD site.The study woul focus on the south bank and would present alternative for formalizing the flow splits alua' earn d to ;ity repare a regrading/reclamation plan for the POE and Rigden avel pi and o 's roval for proposed flood control measures prior to construction. Staff,NRAB and Water Board,agree that the following flood control measures and repairs to flood caused damage should be allowed at this time. Item 1 is the repair and protection of a sewer force main,which will require an amendment to an easement previously granted to B SD by the City. Item 2 is permitted under the easement granted to BSD by the City in July, 1999, and is the complete removal of a dike on the south bank that was built by LaFarge to protect its gravel mining operation, which is no longer needed. Items 3 and 4 will require a new temporary and permanent easement, respectively. Item 3 is the restoration of areas on City property that were washed out during the'99 flooding. Item 4 is a long-term reasonable measure to protect the lagoons and constructed wetlands. These items are listed below and are shown on an attached drawing. They are identified on the drawing by the number of the item. DATE: November 16, 1999 3 ITEM NUMBER: 28 Item 1. Protect Force Main Near Railroad Tracks. BSD wants to protect the force main near the railroad tracks where a washout occurred during the '99 flood. BSD would place riprap and cover with topsoil. BSD would revegetate the disturbed areas with native plant materials. BSD already has an easement from the City for the force main that allows them to perform maintenance, and an amendment to the easement will allow the alteration of the plan for the sewer line to include the new protective measures. Item 2. Remove a dike t as by rg 1 on City property just south of its plant S Corp gi rs 11 move the north half of this dike as a part of the ,ork that inc d an eas ent granted to BSD in July. BSD is proposing to lli u the dik d return the bank to the pre-gravel mining elevation. BSD would revegetate the disturbed areas with native plant materials. Item 3. Restore three eroded breakouts to pre-existing flood conditions. Some of these cuts are 10' deep and 20' wide. BSD must not use material from the River or the gravel bar for this fill. BSD would revegetate the disturbed areas with native plant materials. Item 4. Install BurieCpjrmap o otec e g guns d constructed wetlands. BSD would like to ed riprp pr rty at location 4a) to protect the sewage lagoo D op at loca n 4b) to protect the constructed 110 wetlands. These measures would be along the north bank of the River immediately adjacent to the lagoons and constructed wetlands. BSD must not use material from the River or the gravel bar for this fill. BSD would cover the riprap with topsoil and revegetate the disturbed areas with native plant materials. This work is an extension of the lagoon protection work , to be started by the US Army Corp Of Engineers latter this fall,that was included in an easement granted to BSD in July. Staff,NRAB and Water Board, have determined that the following flood control measures should be not be constructed at this fCoono eGnieoa"Fs-l:res� -e a ed expensive solutions that will have a significant permanenn refo" arrant further study. Additional study will allow time to los ly softer d less expensive) flood control measures, integrate the floomeasures wi a reclama ion of the natural areas along the south bank of the River,and will ensure that the proper measures are used to minimize the impacts to the River. These items are listed below and are shown on an attached drawing. They are identified on the drawing by the number of the item. Item 5. Construct two rock control structures in the River, one upstream of the BSD plant and one downstream of the plant. BSD's engineer claims that these structures will stabilize the bed of the River. The upstream structure 5a) is not on City property and therefore no easement is required from the City to construct this structure. 10 Item 6. Construct two rock drop structures in the River just south of the BSD plant. BSD's engineer says that these structures will dissipate energy in the River to control erosion. They would also provide additional aeration of the water, which is DATE: November 16, 1999 4 ITEM NUMBER: 28 beneficial for water quality, aquatic life, and would enhance mixing of the BSD effluent and the Poudre River.The 1.5'drop structure 6a)is not on City property and therefore no easement is required from the City to construct this structure. Item 7. Construct a 350' Weir. This would allow floodwaters to breakout of the River at a controlled location and would protect the BSD plant and 4" force main sewer line. BSD would like to build an interim earthen weir with minimal riprap along the River and then come back in later and harden it with additional riprap and concrete. As a part of the earthe ' BS ulP p ct three sewer manholes with buried riprap. D wo veg ts e eas with native plant materials. Item 8. Additional cov e fin. installed a 4" force main sewer line to the new Colorado State Patrol Building and the CDOT rest area on I-25 last year. Although it had not been placed into service,it was damaged by last spring's flood. BSD repaired and improved the force main this summer, put it into service this fall, and would now like to place an additional 2.5' to 3.0'of material over the line for a distance of 2,500'. Item 9. Remove approx.4' depth of sand bar deposits and sculpt sand bar bank BSD feels that this will 'nc ease a channel c in ca acity and provide the River additional area dissi tsen to R 'ew Board did not consider this.