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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 10/03/2006 - SECOND READING OF ORDINANCE NO. 148, 2006, AUTHORI ITEM NUMBER: 31 AGENDA ITEM SUMMARY DATE: October 3, 2006 FORT COLLINS CITY COUNCIL STAFF: Mark Sears SUBJECT Second Reading of Ordinance No. 148, 2006, Authorizing the Grant of a Non-exclusive Easement and Right-of-Way to Platte River Power Authority for Construction and Maintenance of a 230kV Transmission Line. RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. EXECUTIVE SUMMARY Platte River Power Authority is requesting a 75-foot wide, non-exclusive easement for a 230kV transmission line across Colina Mariposa Natural Area along the east side of Shields Street, south of Trilby Road. Staff was aware that the Natural Areas Easement Policy does not allow overhead power lines to be built across natural areas and has worked with Platte River for over a year to find a solution. Platte River has offered to perform a number of extensive mitigation projects in hopes the policy can be waived in this instance. Staff and the Land Conservation and Stewardship Board have concluded that the alignment of the transmission line is the only reasonable alignment and the mitigation projects offered serve to mitigate the impacts to the natural area and surrounding open spaces. This Ordinance, adopted on First Reading by a vote of 4-3 (Nays: Manvel, Ohlson, Roy), authorizes conveyance of a non-exclusive easement. ITEM NUMBER: 20 AGENDA ITEM SUMMARY DATE: September 19, 2006 FORT COLLINS CITY COUNCIL STAFF: Mark Sears SUBJECT fID First Reading of Ordinance No. 148,2006,Authorizing the Grant of a Non-exclusive Easement and Right-of-Way to Platte River Power Authority for Construction and Maintenance of a 230kV Transmission Line. RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. The Land Conservation and Stewardship Advisory Board has reviewed the plans for the transmission line and recommends the easement across the natural area be granted. FINANCIAL IMPACT Platte River will be responsibl r all co asso at with the nstruction of the transmission line and restoration of disturbed area . to gr to pay �he City$153,120 in compensation for the easement. EXECUTIVE SUMMARY Platte River Power Authority is requesting a 75-foot wide, non-exclusive easement for a 230kV transmission line across Colina Mariposa Natural Area along the east side of Shields Street, south of Trilby Road. Staff was aware that the Natural Areas Easement Policy does not allow overhead power lines to be built across natural areas and has worked with Platte River for over a year to find a solution. Platte River has offered to perform a number of extensive mitigation projects in hopes the policy can be waived in this instance. Staff and the Land Conservation and Stewardship Board have concluded that the alignment of the transmission line is the only reasonable alignment and the mitigation projects offered serve jtiga e iTs e ral area and surrounding open spaces. "� e BACKGROUND Platte River has provided the attached packet of information that provides detailed background information which discusses the following: 1. Platte River's long range planning for power transmission to its four municipal owners(Fort Collins, Loveland, Longmont and Estes Park); 2. the transmission line project, including a detailed map; September 19, 2006 -2- Item No. 20 3. the proposed easement request, the financial implications, and visual impacts; 4. Platte River's proposed mitigation projects; 5. the legal description for the easement; and 6. the construction process. .: 4t. M The proposed easement for the OkV trportatylionices rg Mariposa will be 75 feet wide and a mile long and adjacent to 1 requested that the easement be set back 27.5 feet east of the existing right of way to allow enough additional rights of way for the future widening of Shields Street. Platte River's proposal was reviewed in concept a year ago by the Natural Resources Advisory Board, which recommended the easement be allowed in light of the extensive mitigation measures proposed. The Land Conservation and Stewardship Advisory Board approved the recommendation to Council for granting the easement after taking the following steps: reviewing the proposal; listening to adjoining property owners' concerns; weighing the mitigation measures against the visual impacts; and discussing with staff the long range goals for Colina Mariposa Natural Area. Platte River's proposed mitigation projects will potentially aid in the successful completion of several long range trail and land conservation goals for the natural areas and open spaces in the Fort Collins-Loveland Community Separator Area, provided that Platte River is able to acquire an interest in a privately owned :rC,,(, Qre P'l oYCatFromme osa Natural Area. Fort Collins, Loveland and Ltd regional trail along Shields Street from Fossil Creek Dri `s Prairie, which will be connected to the Mason Trail) to 57th Street in Loveland, to connect with existing and planned Loveland trails. Natural Areas is also proposing to construct a trail from Shields Street across the McKee Farm Open Space, west to Taft Hill Road and the Coyote Ridge Natural Area. Platte River intends to acquire two key trail right-of-way parcels along Shields Street and is willing to grant trail easements for the proposed trail at no cost to the City, should Platte River acquire an interest in the privately owned parcels. Platte River is also willing to grant conservation easements that will prevent development on these parcels. The northern parcel is a 3/4 mile-long parcel adjacent to the Long View Farm Open Space, a parcel Natural Areas has been trying to conserve for years. Although the new transmission line will have some negative visual impacts on the natural area and the surrounding open spaces, the proposed mitigation by PRPA is excellent. The positive impacts will out weigh negative impacts, . g t ' wi - p t. ATTACHMENTS 1. PRPA Proposal Packet, including maps. 2. Memo from Land Conservation and Stewardship Advisory Board to Council, dated September 13, 2006. 3. Land Conservation and Stewardship Board Minutes from April 12, 2006 Meeting-Related to PRPA Easement Discussion. 4. Land Conservation and Stewardship Board Minutes from July 12, 2006 Meeting - Related to PRPA Easement Discussion. ORDINANCE NO. 148, 2006 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE GRANT OF A NON-EXCLUSIVE EASEMENT AND RIGHT-OF-WAY TO PLATTE RIVER POWER AUTHORITY FOR CONSTRUCTION AND MAINTENANCE OF A 230KV TRANSMISSION LINE WHEREAS, the City of Fort Collins is the owner of certain real property known as the Colina Mariposa Natural Area("Natural Area")located at Section 14 T6N R69 W in Larimer County, Colorado; and WHEREAS, Platte River Power Authority ("Platte River") is a municipal electric utility responsible for meeting the wholesale electric energy requirements of Fort Collins, Loveland, Longmont, and Estes Park; and WHEREAS, Platte River has determined that its existing transmission system has been reliable for the last 20 years but that the system requires upgrading in order to support future growth and load demands of the municipalities to which it provides wholesale electric energy; and WHEREAS, Platte River has requested that the City grant a permanent nonexclusive easement and right of way(the"Easement")for the construction of new overhead transmission line, otherwise known as a 230 kV transmission line,which will cross a portion of the Natural Area more specifically described in Exhibit "A" attached hereto and incorporated herein by this reference(the "Easement Area"); and WHEREAS, City staff has negotiated with Platte River and Platte River has agreed to pay the fair market value of the Easement in the amount of$153,120; and WHEREAS, the Natural Areas Easement Policy does not allow overhead power lines to be built across natural areas; and WHEREAS, the City and Platte River have agreed that Platte River will make extensive efforts to mitigate the impacts of the construction of the new transmission line to the Natural Area and surrounding open spaces including the following: coordinating and paying for the burial of electrical distribution lines owned by the City of Fort Collins Utility and Poudre Valley REA in the surrounding area; providing a bike/trail easement to the City at no cost if Platte River is able to acquire an interest in a privately owned property just south of the Natural Area; and granting conservation easements over property Platte River intends to purchase, should Platte River acquire an interest in private property, which will prevent development on these two small parcels that are surrounded by open spaces; and WHEREAS,the Natural Resources Advisory Board reviewed a conceptual easement request at its work session meeting on October 19, 2005, and board discussion supported the proposal; and WHEREAS, on July 12, 2006, the Land Conservation and Stewardship Advisory Board reviewed the proposed project and easement, listened to concerns of adjoining property owners, weighed the mitigation measures to be taken by Platte River against the visual impacts, and discussed the long range goals for the Natural Area with Staff and decided to recommend that the easement be allowed; and WHEREAS, the Land Conservation and Stewardship Advisory Board and City Staff have concluded that the alignment of the new transmission line over the Natural Area is the only reasonable alignment of the transmission line; and WHEREAS, Section 23-1 1 1 of the City Code provides that the City Council is authorized to sell, convey or otherwise dispose of an interest in real property owned by the City, provided the Council first finds by ordinance that any sale or disposition of that real property interest will be for the benefit of the City's citizens, and 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 Council hereby finds that the grant of the Easement as described herein in the best interests for the City of Fort Collins. Section 2. That the Mayor is hereby authorized to execute such documents of conveyance as are necessary for the City to convey the easement described herein,together with such terms and conditions as the City Manager, in consultation with the City Attorney, determines to be necessary or appropriate to protect the interests of the City, including any necessary corrections to the legal descriptions shown thereon that do not result in a material increase or change in the character of the easement intended to be conveyed. Introduced, considered favorably on first reading, and o ered published this 19th day of September, A.D. 2006, and to be presented for final passage n t 3rd day of October, . 2006. May / ATTEST: City Clerk Passed and adopted on final reading on the 3rd day of October, A.D. 2006. Mayor ATTEST: City Clerk