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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 12/01/2009 - SECOND READING OF ORDINANCE NO. 129, 2009, AUTHORI DATE: December 1, 2009 AGENDA ITEM SUMMARY STAFF: Lindsay Kuntz Daylan Figgs FORT COLLINS CITY COUNCIL NNW Second Reading of Ordinance No.129, 2009, Authorizing the Conveyance of a Temporary Construction Easement on Cathy Fromme Prairie Natural Area to Larimer County for the Fossil Creek Restoration Project. EXECUTIVE SUMMARY The Larimer County Engineering Department is working on the Fossil Creek Restoration Project,designed to restore a portion of the existing Fossil Creek Channel. In 1972, approximately 1,300 feet of Fossil Creek was shifted to its current location in order to facilitate the operation of the Landfill. The current location of the Channel is on the Larimer County Landfill property, just south of the boundary of Cathy Fromme Prairie Natural Area. This section of Fossil Creek has eroded downward as much as 12 feet and is beginning to widen due to continued erosion. This erosive process now threatens an adjacent existing sewer main and the Landfill liner. To prevent the failure of the sewer main and the Landfill liner, Larimer County is proposing to move Fossil Creek back into a historic channel located on Cathy Fromme Prairie Natural Area. This Ordinance, unanimously adopted on First Reading on November 17, 2009, authorizes a temporary construction easement on Cathy Fromme Prairie to accomplish this action. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. Copy of First Reading Agenda Item Summary- November 17, 2009. (w/o original attachments) ATTACHMENT DATE: November 17, 2009 STAFF: Lindsay Kuntz AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL Daylan Figgs First Reading of Ordinance No.129, 2009, Authorizing the Conveyance of a Temporary Construction Easement on Cathy Fromme Prairie Natural Area to Larimer County for the Fossil Creek Restoration Project. EXECUTIVE SUMMARY /�� II �� The Larimer County Engineering Departmentlis working on the Fossil Creek Restoration Project, designed to restore a portion of the existing Fossil Creek Channel. ln497Mpproximately 1,300 feet of Fossil Creek was shifted to its current location in order to facilitate the operation of the Landfill. The current location of the Channel is on the Larimer County Landfill property, just south of the boundary of Cathy Fromme Prairie Natural Area. This section of Fossil Creek has eroded downward as much as 12 feet and is beginning to widen due to continued erosion. This erosive process now threatens an adjacent existing sewer main and the Landfill liner. To prevent the failure of the sewer main and the Landfill liner, Larimer County is proposing to move Fossil Creek back into a historic channel located on Cathy Fromme Prairie Natural Area. The County is requesting a temporary construction easement on Cathy Fromme Prairie to accomplish this action. BACKGROUND / DISCUSSIONS IIr�y��) I(' / rS ` I�Y f;l o The Landfill is operated by the Larimer`County�Solid,VVaste Department and isjointly owned by Larimer County(25/o), the City of Fort Collins(50%), and the City'df Loveland'(25%). To address fne threatened integrity of the sewer main and Landfill liner, the Larimer County Engineering Department(the"County")has designed a project(the Fossil Creek Restoration Project)to restore a portion of the existing Fossil Creek Channel(the"Channel")and to move Fossil Creek out of the Channel and back into the historic 100 year floodplain. The project is located west of South Taft Hill Road on Cathy Fromme Prairie Natural Area(the"Natural Area")adjacent to the Landfill. The current location of the Channel is on the Larimer County Landfill property (the "Landfill") and the restored Fossil Creek will be located within Cathy Fromme Prairie. To prevent the failure of the sewer main and landfill liner, the County proposes to construct a channel in a historic location which is located on a portion of the Natural.Area The.County,plans to,begin construction in February 2010, and construction is not expected to lastdimger,than'45 days. i7e new reinforced channel will be constructed to blend areas w in with the surrounding habitat and any disturbeWill be-reseeded per the specifications of the City's Natural Areas Department. City staff is currently working with a County on a long-term agreement regarding liability and repairs of the proposed channel. A temporary construction easement is requested by the County for the construction of the new channel. FINANCIAL IMPACTS The County is not being asked to pay for the temporary construction easement since the construction of the proposed channel will prevent possible future environmental damage to the downstream reaches of Fossil Creek and at the same time increase the ecological benefits-of by_restoring it back;to its historic floodplain, (r (r - 1 k STAFF RECOMMENDATION U 1 Staff recommends adoption of the Ordinance on First Reading. November 17, 2009 -2- ITEM 15 BOARD / COMMISSION RECOMMENDATIONS At its October 14,2009, meeting,the Land Conservation and Stewardship Board voted to recommend adoption of the Ordinance. ATTACHMENTS 1 Location Map F71 2. October14, 2009, Land Conservation and Stewardsihip Board Meeting Minutes 3. Fossil Creek Site Plan U� 0 P V C 0 �Upy ORDNANCE NO. 129, 2009 OF THE COUNCIL OF THE CITY OF FORT COLONS AUTHORIZING TI-IE CONVEYANCE OF A TEiMPORARY CONSTRUCTION EASEiMENT ON CATHY FROIMIME PRAIRIE NATURAL. :AREA TO LARM/lER COUNTY FOR THE FOSSIL CREEK RESTORATION PROJECT WHEREAS. the City is the owner of a certain parcel of real property located in Larimer County. Colorado. known as Cathy Fronune Prairie Natural Area (the "Natural Area"): and W[IEREAS, Larimer County (the "County") is planning to construct the Fossil Creek Restoration Project (the "Project") to replace a failing channel that Fossil Creek (the "Creek') currently runs through; and WHEREAS, tlhe existing channel located on the Larimer County Landfill property (the "Landfill") is eroding and threatening the integrity of a nearby 12-inch sewer main and the Landfill liner; and WHEREAS,to prevent possible future environmental damage should the sewer main or liner fail, the County has proposed to construct the new channel within an area historically occupied by the Creek on the Natural Area; and WHEREAS,to facilitate construction of the Project,the County has asked the City to convey a temporary construction easement on the Natural Area, as described on Exhibit "A",attached and incorporated herein by reference (the "TCE"); and WHEREAS, the County has indicated that the new channel will be designed to blend in with the existing Natural Area environment and detract little from the open-space setting or function;and WHEREAS, City staff has reviewed the County's request, and believes that the TCE will not interfere with or adversely affect the Natural Area, based on current expectations; and .WHEREAS, as a condition of the TCE, the County will be required to repair any damage to the Natural Area within the easement area and to assume responsibility for any liability to downstream property owners resulting from the Project; and WHEREAS,City staff has identified no negative impacts to the City resulting from the grant of the requested easement or installation of the channel; and WHEREAS, City staff is recommending that the County not be charged for the easement because of the ecological benefits to the community of re-routing the Creek; and WHEREAS,Section 23-111(a)of the City Code provides that the City Council is authorized to sell, convey, or otherwise dispose of any and all interests in real property owned-in the name of the City, provided that the Council first finds, by ordinance, that such sale or other disposition is in the best interest of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLL[NS as follows: Section 1. That the conveyance of the TCE on the Natural Area to the County as provided herein is in the best interest of the City. Section 2. That the Mayor is hereby authorized to execute such documents as are necessary to convey the TCE to Larimer County on terms and conditions consistent with this Ordinance, together with such additional terms and conditions as the City Manager, in consultation with the City Attorney, determines are necessary or appropriate to protect the interests of the City, including,but not limited to,any necessary changes to the legal description of the easement,as long as such changes do not materially increase the size or change the character of the easement. Introduced, considered favorably on first reading, and ordered published this 17th day of' November,A.D. 2009,and to be presented for final passage on t day of December,A.D.,2009. i Mayor ATTEST: City Clerk Passed and adopted on final reading on the Ist day of December, A.D. 2009. Mayor ATTEST: City Clerk