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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 11/17/2009 - FIRST READING OF ORDINANCE NO. 129, 2009, AUTHORIZ DATE: November 17, 2009 . STAFF: Lindsay Kuntz - Daylan Figgs DID 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 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. The County is requesting a temporary construction easement on Cathy Fromme Prairie to accomplish this action. BACKGROUND / DISCUSSION The Landfill is operated by the Larimer County Solid Waste Department and isjointly owned by Larimer County(25%), the City of Fort Collins(50%), and the City of Loveland (25%). To address the 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 last longer than 45 days. The new reinforced channel will be constructed to blend in with the surrounding habitat and any disturbed areas will be reseeded, per the specifications of the City's Natural Areas Department. City staff is currently working with the 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 Fossil Creek by restoring it back to its historic floodplain, STAFF RECOMMENDATION 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 2. October14, 2009, Land Conservation and Stewardship Board Meeting Minutes 3. Fossil Creek Site Plan ATTACHMENT 1 Attachment 1 Cathy Fromme Prairie Natural Area Temporary Construction Easement Location Map FRD PRAIRIE ',VAK: TR7E RrDGE P, i 1 < K - J J_ ``,•,-I_. CATHYFROMME PAIRIE NATURAL AREA CATHY FROMME PRAIRIE NATURAL AREA LARIMER COUNTY LANDFILL FRANZ FARM N Temporary Construction Easement Location /, ATTACHMENT Natural Resources City of 215 N. Mason FortCottins B ox 580 Fort Collins,CO 80521 17 970.221,1121-6600 970.224-6177-fax fcgov.com Land Conservation & Stewardship Board Wednesday, October 14, 2009 Construction Easement across Cathy Fromme Prairie to locate Fossil Creek • Kent: The Larimer County engineering department is working on the Fossil Creek Restoration Project which is aimed at restoring the existing Fossil Creek Channel, located west of South Taft Hill Road between the Larimer County Landfill and Cathy Fromme Prairie Natural Area. Currently the Fossil Creek channel lies between Larimer County Landfill and a twelve inch sanitary sewer main. We were brought on board to come up with a solution, and we've been working with Anderson Consulting who is doing the hydraulics and hydrology of the exiting channel and the proposed channel. Pauley(Anderson Consulting Engineers, Inc): Presented a brief background showing the location of the project on various poster maps. • Pauley: The channel is severely eroded and continues to down cut. The County is concerned that if the channel is allowed to erode, the integrity of the landfill liner and the sewer main is at risk. This may potentially cause environmental damage to the downstream reaches of Fossil Creek. Larimer County is proposing to construct a channel in this historic location on a portion of Cathy Fromme Prairie Natural Area to prevent failure of the sewer main and landfill liner. A temporary construction easement on Cathy Fromme Prairie to accomplish this action is requested. The county will be responsible for the restoration of all disturbed areas and for the success of the creek restoration. • Grooms: You are going to reroute Fossil Creek to a new section, and then what are you going to do with the current area? Kent explained the routing of the channel on two poster charts. • Gaughan: What kind of rock features are you proposing? • Pauley: The structures will be buried underneath fabric and you will not see it. The rock is a backup safety factor if in some case the fabric moves or doesn't take. Ellis motioned to recommend that City Council approve the conveyance of a temporary construction easement on Cathy Fromme Prairie Natural Area to Larimer County for the Fossil Creek Restoration Project at no cost. Germany second. It was unanimously approved. i I ( i i i PROPOSED StAL LIWIS STA S.Y TO Ia STA 21a35 i i i i i DIY O tFORTomm CgUNS GMYERONIE AWtlF� MAl11RA1.AREA T END MMNEl 0 BEM IM4MADON HA N STA 23+11.0 PROPOYO CNMxCL EIUSnNG AOCCSS ROADS y CMOISTINCOON 'J[,'•�-�'- !/w�'(J�,/I" •_`� WATERS OF ME US C-1 n MITI G 12• (DD F3 .%'y '~ cMISEIxc YEll.Wps � ` `-- SANITARY SEWCR (D m ROADWAY '- (TYPPAL) > „K ,. .�1.----`-- JrJ KIryR MANNO dYd _-�E%KINC IT• 9IK SRb�9]. Yli ROADWAY RE----- - - «. ___i^ �-_— -\. . -' N� SANIARY OWER 1 _ ___ ^_ _ _ ..T'e+.. - — 'T..�.T�� s rD W --._ H10aE0 OIMNEL UPR CONTOURS N (WATEIb O ME US) / ZINC LAlpil �'1 L11B T ARTA I E10 W L4&LL I OA"T PIPE , _ EMOK C(NCRflE '• O111Ef PIPE ROx Ctx.LR1 !` OLSINIG LANOM ACCIM LARIMER COUNTY '.9TE ACf S J U.NOLL AREA V STA 7.5D TOL STA,11t91 n ARIA IAIORR GOWN V I. Tao ]Go I i I I. y CDYPVIFR IHfaRWld1 R� UMMER ENGINEERING DEPARTMENT As caxsmucTED PRaEGr� ,,, WA1gN OAIL MMW]OOP - EEIUN'IY RPo WOT oAA,wart x® Aq TrtwWaTs:Tua FOSSIL CREEK CHANNEL IWSLL OQA N�y�anti Am UM m SITEPLAN W sur:Anxe � x:ouW ,w:oc® waarwo wau-ITao Rc�n: z I-3 w ORDINANCE NO. 129, 2009 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF A TEMPORARY CONSTRUCTION EASEMENT ON CATHY FROMME PRAIRIE NATURAL AREA TO LARIMER 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 Fromme Prairie Natural Area (the "Natural Area"); and WHEREAS, 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, the 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-I I I(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 COLLINS 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 the 1 st day of December,A.D.2009. Mayor ATTEST: City Clerk Passed and adopted on final reading on the 1 st day of December, A.D. 2009. Mayor ATTEST: City Clerk Temporary Construction Easement on Cathy Fromme Prairie Natural Area III THE FE ICANO IS A DESCRIPTION OF A PARCEL OF LAND LOCATED W SECTION 4,TONNS P 6 NORTH AAOE N WEST OF THE SKIN PRINCIPAL MERNAL URWER COUNTY,COLORA➢O.BONG MORE PARTS;UWST DESCRIBED AS FOLLOWS AND AS SHOWN ON THIS NUMBER DIRECTION DISTANCE COVET. Ll N OP50'51'E 1&74' OO UMM AT TE SONH ONE-gORIER CORNER OF S+D ELECTION{,THENCE'NBnWOS'E ALONG M SMITH WE OF SECTION 4,A DISTANCE OF 3155 FEET TD A PONT.MD POINT BEING THE TR61E FONT OF BEO L2 N 231409 E 30.40' NIT✓ti THENCE10050'SS'EAEOF 24M W Ne0'555{ E 57.66'FEET FEET TO T PONE THEMETHEMESL73 FEETK2T14'DING A OAK C NC 3/.10 FEET TO A FONT: THENCE F 12s FE T RE,Am DF 5T.88 FEET TO A POKR mTHEMEu$74'50116T,A OSTA`OE DF 1D4.60 FEET TO A rPONT;n MICE N6CTT53E A 061ANDE OF 24638 L4 S 74'50 O6 E 104.60- A M D APONE: F5573 FEET ALONG A O6TVE FOETAL SOUIOA NAM COMA R.16AT Di 125W FEET ND A F OM ANGLE OF 2E00'19'[CHORD OIERON OF 9H1'25T2T AND A CHORD IEIIGIH Di 5525 FEET]ED A PONE; THEME 5fl9'S1'Am � l5 N 68'2753'E 24838. A DISRAOE OF 11071 FEET TO A PONE;THEME 1639 FEET ALONG A CURVE CONCW'E NORROBY,IWNXO A RlDil$Q 8610 FEET AM A CEKIWL ANTE OF 3522119'(CKM DIRDCTION OF K7T47T7T;AD A CM IENOIH Of 459!FELT)TO A POOIR L6 5 8577-S E 1I071' ROC{NNTF03i A DISTANCE 6 15720 FEET TO A POUR TEIICO 14651 STEP MOM A CUM CONCAVE SOIfTFERLY TOTING A AIDUS OF 2COAD FEET AND A CENTRAL AGUE OF 4P15W[CH070 CREETON OF M11 3WE AND A CHOD LENGTH OF L7 N 61960Y E 157.80' 137A4 FEET)TO A POUT. THENCE S7FX42-L A WAKE OF IOOM FEET TO A FONT; THENCE 94.18 FEET ALONG A GUTS CONCWE NORTHERLY KAMM;A RADIUS OF 13D.00 FEET AND A CEWPAL.LNTUE OF 4110*35'[CNpRO CRECRON OF NW3G*OA LB S 7e'38'4r E 10&63' AND A OHOD LEMM OF 1L14 FEET]TO A PONT; THEME NSM-43'[A GESW10E OF$05 FEET TO A POW: THENCE 2T713 FEET NANO A CUM COIOIW:SOUTHERLY HANTM A RAINS OF 26DO0 FEET AD A CENTRAL ANISE OF 4541'2r(CRDRD L9 N 59'S043'E 10&8 DO�CON OF PB241TYC AND A OORO LENGTH OF 2D1A6 FELT]M A POW; TENCO S7ClYSBT,A OLSTAFOE OF 1S&M FEET TD A PONI THENCE NBT19'15'E,A DISTANCE OF 93.14 FEET ED A PONT. THEME 579W'IM A DISW,CE OF 226.57 FEET TO A PONC T EIF.Y 54C35DOT,A DISTANCE OF 10185 FEET TO A POINR EMERGE 52T4IU*F.A DISTANCE OF 7025 FEET TO A PONT ON SC SOLON LINE OF SECTION k THOU SWSBT9 V AOMO SAID SOUTH 121E OF SF2TON 4,A DISTANCE OF L7D 5 74'17'56'E 159.05, 10227 FEET TO A POINT; THENCE WIS152Y,A DEW"OF 133M FEET ED A POW; THENCE N73T7'57W,A DISTANCE OF 273.11 FEET TO A POW; THENCE WMCn.A 05TANCE OF SLOT FEET TO A POW; THENCE 535S5'15}e,A W^OWCE OF Lil N BT9.15'E 8114' 17936 FEE'TO A PONT ON SNO SOUM UK OF SECTION 4; THENCE SBE5S'051'ALONG SAD SOUTH NNE OF SECTION 4.A DISTANCE OF 3902 FEET TO A PONT-. MENX N31'45'SSE A DISTANCE OF 170.14 IMF TC A POW. TIEIITE N41'06'411A,A L72 IS 79'SBID'E 226.67' DISTANCE OF 7581 FEET ED A POW; THENCE SOMS5E9,A DISTANCE Of 143.42 FEET TO A PONE; THENCE 11625 FEET ALONG A CODE CONCAVE NORTHERLY H A RADA fF 1MCO FEET AND A CENTRAL ANGLE OF 39T29Y(CHORD NRFCTON OF L13 IS 48'15'00'E 10188 38201'2219 AND A CHORD LENGTH OF 11456 FEET)TO A POW; THENCE KI0`1411T',A DISTANCE OF 2&15 FEET TO A PffNO; THENCE 584'O WIN.A DISTANCE OF M44 FEET TO A PONT'. THOM 5S250'1891 A CIETANCE OF 22335 FEET TO A POW L14 IS 27'41'2r E 70.25' W END SOUTH LINE OF SIMM{; THEME SEG55'D511 ALONG SOD SOUTH L9[OF SOCEION 4,A OSFACE OF 55U5 FEET MORE OR LESS TO THE TOE POINT OF Em14NING. L75 is 86'58'05'W 75227' SAD PARCEL OF LAND CO MNG 3.79 ACRES NONE OR LE$$. L10 N 65TG52'IN 133.29, L17 N 73U1'57'W 273.11' 1 SECTION 4 L18 5 717503'N 5&07 I T.6N., R.69W. LE9 5 35'5815'w 179.96' L20 S 85se'o5'N 39.07 . ETTY OF FORT COLLINS L21 N 31'4555'E 170.14' `CATHHY FROM ME PEWR: L22 N 41'C5'49'W 7581' I NATURAL AREA -� L23 S B1R2'55'W 143.42' 5� a4 N 791411'W 26.I3' DTI L25 5 34T7'05'W 229.44' L25 S 5250'18'W 22138' �I L27 5 8658'0.5'W 554.25 L28 NSE511'05'E 35.55 = O >sl ee i-T .--1 •terms ET0 Ltt To Ce ll7 �\ i X LLJ SOUTH NNE SECTION 4 m ��••- __.__. I us LEO i' ... tliANNEL CEN1ERUNE TRUE PONT OF 9E4NNNG LARIMER COUNTY LANDFlLL AREA SOUTH ONE-QUARTER CORNER 1 I SEC.4,TAK.FLO W. II �I CUM�TA�El F, tll I SECTION 9 NUMBER CHORD DIRECTION 0 OQC If)j.'CTH RMU9 ARC LENGTH DELTA ANGLE v i T.6N., R.69W. CI N 8178'02'E 56.25 1125.00 56.73 2SWI9' C2 N TT47'07'E 45.94 Alpo 46.59 33'22'o' C3 N BI}340'E 1 77.64 200.00 140.31 40}515' C4 N 8076'00'E 9214 130AO SWIE1 415035' 6 C 1D0 200 I C5 N 82'41'13'E 201.68 260.00 207.33 45'41'22' CIS 5 82'04 22 W 114511 17000 116.85 39'22'5Y' 1' sal' _ I COMPUTER INFDRMATON REVISIONS TA711n4Ell ENGINEERING DEPARTMENT AS CONSTRUCTED PROJECT ND. KEK MDD"�GUIO�� NI.R[N Za09 COUNTY 200 WEST WK.SVRC 000o ND RENSIONE: T rosT omc[a92 115c ACCESS AND CONSIRUC7)GA&ASEMLNT FOSAt CREEK FAC N.OG57gN: N.oN 16 4ro+1 TIED FORT CO S&Cq o 00622-1IPO ISN6m: LXH78T2' MMATION PROJECT ISIEa P70)4e5-57.1 9 FKX " RCp0+ao1.DWD - �P7014PF-79eF rAC Wla SncC!Nn t�+ Y