HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 11/16/1999 - FIRST READING OF ORDINANCE NO. 186, 1999 AUTHORIZI AGENDA
ITEM SUM
MARY 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:
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 to flood cause damage that they are proposing. The City will be
compensated for the fair market value of the both the permanent and temporary construction
easement as consideration. The amount will be determined prior to Second Reading.
EXECUTIVE SUMMARY:
This past summer Boxelder Sanitation District(BSD)received an easement from the City to do some
minor emergency repair work along the Poudre River south of its sewer lagoons. This work will be
done by the US Army Corp of Engineers later this fall. To adequately protect the BSD lagoons and
a 4 inch sewer line,BSD contends that much more work is needed before flood season next spring.
BSD has received approval from the Larimer County Flood Review 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 damage. In August, BSD made a presentation to the Larimer County
Flood Review Board. The Flood Review Board questioned some of the measures that BSD was
proposing, and tabled the issue to allow BSD time to resolve the concerns noted by the Flood
Review Board and to resolve issues with the City (Stormwater and 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 approved most of the proposed flood control measures with these
contingencies: 1)BSD must get the final plans approved by City and County technical staff prior
to starting construction,and 2)BSD must work to obtain approval from FEMA,although the Flood
Review Board is not requiring FEMA approval before construction begins.
City Stormwater and Natural Resources staff have determined that many of the flood control
measures that BSD is proposing warrant further study. Many ofthe 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 would focus on the south bank and would present alternative
for formalizing the flow splits,evaluate stream and bank stability,prepare a regrading/reclamation
plan for the POE and Rigden gravel pits, and obtain FEMA's approval 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 that was built by LaFarge in 1995 on City property just south
of its plant.The US Army Corp of Engineers will remove the north half of this dike
as a part of the work that was included in an easement granted to BSD in July. BSD
is proposing to remove the south half of the dike and 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 Buried Riprap to protect sewage lagoons and constructed wetlands. BSD
would like to install buried riprap on City property at location 4a) to protect the
. sewage lagoons and on BSD property at location 4b) to protect the constructed
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 time. These measures are hard-engineered expensive solutions that will
have a significant permanent impact on the River and therefore warrant further study. Additional
study will allow time to look at alternative (possibly softer and less expensive) flood control
measures, integrate the flood control measures with the reclamation 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.
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.
B SD 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 earthen weir BSD would also need to protect three sewer manholes with
buried riprap. BSD would revegetate the disturbed areas with native plant materials.
Item S. Additional cover on the CDOT force main. BSD 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 increase the channel carrying capacity and provide the River
additional area to dissipate its energy.The Flood Review Board did not consider this.
• 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"); 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, for deposit in the
Natural Areas 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 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 Permanent Easement and the Temporary
Easement,and the amendment of the Sewer Line Easement consistent with the foregoing,are in the
best interest of the City of Fort Collins.
Section 2. 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 A WILL
BE PROVIDED
PRIOR TO
SECOND
� READING ON
DECEMBER 7,
1999
ESQ Mrr S
Page 1 of 2
EXHIBIT
NORTHEAST CORNER J
SECTION 28-T.7N.-R.68W.
S86'09'20"E
461.4s'
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N63 933p 95.97
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i S70124'31"W 7105'
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I SECTION 28-T.7N,-R,58W. \
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BASIS BEARINCS
NORTHUNE NW 1/4 SEC 4-T.7N.-R.68W\\
7K1,NG SURVEYORS, INC. PROJECT NO: 97047EX2
EASTMAN PARK DRIVE DATE: JULY 27. 1998
SOR. CO. BOSSO PHONE: (970) 656-5011 CLIENT: BOXELDER
• Exhibit B
Page 2 of 2
PROPERTY DESCRTI'TION
A parcel of land being part of the East Half of the Northeast Quarter(El/2 NL•I14)of Section
Twenty-eight(28)and part of the West Half of the Northwest Quarter(WI/2 NW IA)of Section
Twenty-seven(27).all in Township Seven North(T.7N.),Range Sixty-tight West(R.68 W.)of
the Sixth Principal Meridian(6th P.M.),County of Latimer,State of Colorado and being murc -`
particularly described as follows:
BEGINNING at the Southeast Corner of said Section 28 and assuming the North line of the
Northwest Quarter of Station 34 as bearing North 89*26'18"East a distance of 2645.46 feet with
all other bearings contained herein relative thereto:
THENC1i North 02"31'19"West a distance of 3700,27 feet to the TRUE POINT OF
BEGINNING:
'1'1lr,NCE North 1600238"West distance of 189.33 feet;
11 iENCE North 40'02'4G"West a distance of 349.05 feel;
THENCE North 80027,36"West a distance of 408.29 feet;
THENCE South 56"13'58"West a distance of 608.44 feet to tht:West line of said P.12 NEIA;
THENC:i,i North 00"25'25"West along said West line a distance of 306.61 feet;
THENCE North 63"51'00"East a distance of 9.16 feet;
THENCE North 63°30'00"East a distance of 593.30 fed;
THENCE South 86"0970"Rust a distance of461.49 feet;
THENCE South 10"45'46"East a distance of 95.97 fat;
TI MNC-E South 13001'52"West a distance of 65.37 feet;
TI lI?NCE South 46"58'24"East a distance of 226.11 feet;
THENCE South 33021'50"East a distance of 41194 feet;
TI'IL'NCR South 72"12'20"West a distance of 89.06 feet;
THENCE South 72"5942"West a distance of 71.OS feet;
11 TENCH South 70°24'31"West a distance of 33.53 feet;
71IRNCE South 73°57'04"West a distance of 24.20 feet to the TRUE POINT OF
BEGINNING
Said describ d parcel of land contains 8.234 Aeres,more of less(f)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.
SURVEYOR'S CERTIFICATE
1,Charles R.Jones,a Colorado Registered Professional Land Surveyor do hereby state 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 R.Jones
x
Colorado Registered Professio
Land Surveyor #22098 .F
1. 0110
KING SURVEYORS,INC.
9299 Eastman Park Drive
Windsor,Colorado 80550
(970)68&5011
Project Number: 97047 (Iuly 28, 1999)
(file: ftcollin.txl)
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Community Planning and Environmental Services
AMR
Natural Resources Department
MI
City of Fort Collins MEMORANDUM
DATE: November 4, 1999
TO: Mayor and Council Members
John Fischbach, City Manager
FROM: Randy Fischer on Behalf of the Natural Resources Advisory Board, ,
RE: NRAB Recommendation: Request for Easement by Boxelder Sanitation
District
Representatives of the Boxelder Sanitation District came before the Natural Resources
Advisory Board (NRAB) on September 29, 1999, to request an easement for
constructing "flood protection" structures in the City of Ft. Collins'Archery Range Natural
Area. This new easement is in addition to the easement Council granted Boxelder this
past July and August.
The Archery Range Natural area contains one of the most beautiful examples of riparian
cottonwood forest remaining along the Poudre River within the urban growth area. It is
the opinion of the NRAB that granting the proposed easement would seriously degrade
this segment of the Poudre River. Boxelder's proposed structures are likely to limit the
City's options for restoration of the adjoining natural areas that the City is in the process
of acquiring. Furthermore, it is the opinion of our highly qualified stormwater staff that
most of the structures proposed by Boxelder may, in fact, be unnecessary.
During this past October, the NRAB Natural Areas Committee met with City staff to
develop a response to Boxelder's easement request. City staff present at this meeting
included Mark Sears and Tom Shoemaker from the Natural Resources Department, and
Marsha Hilmes-Robinson and Bob Smith from the stormwater department. At this
meeting, staff recommended that most of Boxelder's proposed work in our natural area
should be delayed pending the results of a comprehensive study of the river extending
from the Environmental Learning Center to Interstate 25. The purpose of the study
would be to develop the long-term habitat restoration and channel stability goals for the
river and all the City-owned lands along its banks, as well as Boxelder's wastewater
treatment facilities.
The NRAB strongly urges Council to adopt City staffs recommendation regarding
Boxelder's easement request Staffs proposal to perform a comprehensive study and
develop a long-term plan for this river segment is wholeheartedly endorsed by the
NRAB. Similarly, the City's Water Utility Board also endorsed staff's recommendation at
their October 28, 1999, meeting.
Thank you for your consideration of this matter. Please feel free to contact me with any
comments or questions regarding the NRAB's recommendation.
281 N. College.Ave. • P.O. Box 580 • Fort Collins,CO 80522-0580 • (970)221-6600 • FAX (970) 224-6177
F
DATE: November 16, 1999
TO: Fort Collins City Council
RE: Easement Request to City of Fort Collins land adjacent to Boxelder Sanitation District
treatment plant property. Easement to allow for full implementation of the hydraulic
engineering plan as prepared and certified by Boxelder Sanitation District engineering
consultant, approved by the Larimer County Flood Plain Variance Board, to insure
Boxelder's work has no adverse impacts on adjacent or downstream property
owners.
NEED: Boxelder Sanitation District treatment plant and its property are subject to excessive
threats by river flooding. Result of damage to these treatment works would be
release of untreated wastewater to the Poudre River. The solution needs to be
provided on two different time scales:
(1) short-term time frame (before Spring 2000), to ensure protection of
• District's works prior to next high flow events; and
(2) long-term time frame (3-6 years), addresses river and flood plain issues
a big picture approach.
SOURCE
OF THREAT: The river, in high flows, has historically overtopped its banks and flooded the area
south and west of Boxelder Sanitation District plant site. When the Boxelder
Sanitation District plant was constructed in 1965-67 the surrounding area was
pasture land. As development has occurred, the surrounding landscape has
changed. The biggest impact has been the mining operation west and south of the
plant site. Initially, one might perceive excavation of the ground beneficial in
alleviating high flow impacts. The companion impact of the mining operation is the
installation of haul roads and bank reinforcements, forcing the river to continue
downstream thereby increasing the flows the Over channel is required to handle. In
1995, in response to the flooding that occurred, Western Mobile built a dam of rock
and earth fills, on City of Fort Collins land at the right bank of the Poudre River, south
of the plant site. The impact of this dam, in conjunction with previous changed
conditions to the river, have forced Boxelder to address a method to avert threat to
its plant by high river flows in the future.
RESOLUTION
OF THREAT: Boxelder Sanitation District contracted with Dr. James Ruff, a registered professional
engineer and CSU hydrologic/hydraulic engineering professor, to provide the District
with an engineered plan to address the District's flood concerns. The initial design
consisted of a 100 foot wide trapezoidal channel along the river alignment west and
south of the Boxelder plant site. This initial plan, as devised, would have provided
P.O. Box 1518 - 2217 Airway Ave. *3 • Fort Collins, Colorado 80522
Phone (303) 498-0604 • Fax (303) 498-0701
Fort Collins City Council
November 16, 1999
Page 2
flood protection to the plant in the event of an 100 year flood. Such a plan drew
great criticism from City staff. In response to opinions voiced, and in consideration
of the concerns of City staff,the plans were revised. Thereafter, Boxelder Sanitation
District has submitted many revisions of plans to City staff since the plan's inception
in October 1998 and has been responsive to the comments received as evidenced
by the modifications that were incorporated into the plan. Larimer County Flood Plain
Variance Board has accepted and approved the plans that are submitted to the City
of Ft Collins Council at the November 16, 1999 council meeting. The engineered
plan consists of various components, all of which need to be constructed to make the
plan functional as designed and approved, including the 5 items City staff are
opposed to at this time. The District is required to implement the engineered plans
that were presented to, and approved by, the Larimer County Flood Plain Variance
Board. Attempts to pick and choose elements of the overall plan for implementation
would be contrary to the Larimer County Flood Plain Board's approval. Such a move
would also run counter to the District's obligation and intent to implement the entire
plan as approved as well as would seriously compromise the District's legal liability
under existing federal and state laws.
DAMAGE SUSTAINED BY
BOXELDER: Boxelder has sustained damage as a result of the placement of the dam, constructed
by Western Mobile and on the City of Fort Collins land.
1. Damage to the lagoons. This item is being addressed in the US Army Corps of
Engineers project that is to begin in mid December. The Corps and Boxelder are
bearing the cost of this $225,000 repair.
2. Loss of an approximate 1.5 acres of property at the wetlands. FEMA assistance
is expected for the reclamation of this property in addition to the District expenses.
3. Dam by Western Mobile (LaFarge) on City of Fort Collins property caused the
force main damage. FEMA assistance is expected for the reclamation of this
property in addition to the District expenses.
4. The'plug' LaFarge constructed at an upstream river segment, in response to the
break out of the river during the 1999 flooding, has caused additional damage to the
force main on the Poudre Riverbank.
LaFarge, verbally, has agreed to cooperate and assist in addressing District concerns
and plans for the protection of the District works.
The City of Fort Collins should cooperate and assist the District in resolving this
matter in which they have some culpability, by granting the easement request and not
hindering our full implementation of the complete engineered and approved project.
The need to address the District concerns before spring flows is URGENT.
The structures in question have been designed so as to result in control of the river hydraulic
flow regime as delineated in the HEC II computer run for the Flood Insurance Rate Maps (FIRMs)
applicable to the BSD and City reaches of the river.
Fort Collins City Council
November 16, 1999
Page 3
NOTE: The engineering design for the river remediation must include all of the elements delineated
because:
1. it insures that the District directed work will comply with the preflood conditions-that is
the FEMA prescribed river elevations will be maintained.
2. it insures that the District will not have legal liability for damages due to diverted flows,
and
3. the river will be able to flow in historic flow patterns and directions, at the 1995 flow path
into the POE pit.
Boxelder comes to you, the City Council, seeking access to the land to implement the
complete engineered plan. Please help undo the damage done and allow the District to
realize the protection that is necessary.
Boxelder Sanitation District supports and agrees with City staff the this section of the river needs
further study but the District has immediate concerns that need to be addressed now.
Thank you for your consideration of this matter.
j,0 ,Dk'o- s
W. Dean Smith
General Manager
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