HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 04/15/2003 - SECOND READING OF ORDINANCE NO. 056, 2003, AUTHORI AGENDA ITEM SUMMARY ITEM NUMBER: 12
DATE: April 15, 2003
FORT COLLINS CITY COUNCIL FROA Rick Bachand
mball Crangle-Krizman
SUBJECT:
Second Reading of Ordinance No. 056, 2003, Authorizing a Temporary Construction Easement
for Construction of a Waterline Across a Portion of Reservoir Ridge Natural Area by the
Northern Colorado Water Conservancy District.
RECOMMENDATION:
Staff recommends adoption of the Ordinance on Second Reading.
EXECUTIVE SUMMARY:
NCWCD requested a temporary construction easement (0.95 acres) from the Natural Areas
Program for a portion of Reservoir Ridge (Udall addition) located at Michaud Lane. The request
is for a construction easement to be used for the purposes of installing a waterline along a
permanent easement that was previously granted to NCWCD prior to the City's ownership of the
property. NCWCD is already working in the area of the previously granted permanent easement,
and will begin work in the temporary construction easement area as soon as permitted hereunder.
The term of the temporary construction easement expires upon completion of the work under the
temporary easement, but not later than two years after the effective date of that easement.
Ordinance No. 056, 2003, was unanimously adopted on First Reading on April 1, 2003, and
authorizes a Temporary Construction Easement for the construction of a waterline across a
portion of Reservoir Ridge Natural Area by the Northern Colorado Water Conservancy District.
Natural Resources Advisory Board
February 5,2003
Page 4
mallard nesting. It is unlikely that coyote or badger would come in and den. If it sits
very long, red fox could.
? Bachand: The gravel ponds offer little quality habitat. If we miss one season, any
chance to make improvements could provide better habitat next season.
? Fischer: When does this go to Council?
? Sears: February 18 or March 4.
Linda Knowlton made a motion to support the staff recommendation regarding the
Kehn Lease at Arapaho Bend. Arvind Panjabi seconded the motion. The motion
passed unanimously(6-0).
? Fischer: It would help to have staff write a couple paragraphs regarding the
recommendation for me to sign.
? Pawar: We will do it,but not to set a precedent.
Pleasant Valley Waterline through NCWCD
? Sears: The property,located on the south edge of Claymore Lake,was donated by
Udall. There was an existing temporary easement across the southeastern corner of
the property for access across the bridge at the Pleasant Valley Canal. The project
was delayed and the temporary conservation easement expired. The NCWCD is
requesting a temporary conservation easement from the City as new property owners.
? Rodriguez: The Natural Areas Committee reviewed this at the last meeting and are in
• agreement with approving it.
? Jim Struble,NCWCD Right-of-Way Agent: This project will attach pipeline from
Soldier Canyon Dam to the North Poudre Supply Canal. Thc'District is anticipating
giving the notice to proceed to the contractor one week from Friday. We anticipate
going through this land by late summer, early fall. A biological assessment has been
prepared and reviewed by the City. We are asking for a two year extension to give us
time to get the project going and make sure everything is going okay in case
additional work is needed. We would pay $2,700 in return for a two year temporary
construction easement.
? Fischer: We are trying to get an idea of potential damages.
? Bachand: The site is not a big area. Both the temporary and permanent easements
impact less than two acres. It is close to the foothills, some native vegetation and a
lot of cheat grass. It is not a prime piece. There are no concerns about impact to
wildlife. Once the site is restored,it should be okay.
? Rodriguez: The south facing slope and revegetation in drought conditions might be
challenging.
? Robert Trout,NCWCD Attorney: The City has the right to inspect and accept
revegetation.
? Fischer. Is there any other way to do this without an easement on the property? Have
you looked at alternatives?
? Sears: Karen Manci looked at the entire alignment two years ago and determined it
was as good as it is going to get There are very limited options for this size and type
ofpipeline.
Natural Resources Advisory Board
February 5,2003
Page 5
? Fischer: I have concerns with nesting on Claymore Lake and winter raptor use.
? Jeff Drager,NCWCD Project Manager: The contractor anticipates starting in the
middle of the pipe line, with one crew going north and the other going south. There
are constraints related to wildlife with the biological assessment limiting when certain
sections can be built
Linda Knowlton made a motion to approve the Pleasant Valley Pipeline temporary
conservation easement. Don Rodriguez seconded the motion. The motion passed
unanimously(6-0).
Fischer: We need to get a recommendation to Council.
Pawar: Staff will write the memo.
Update of the Natural Areas/Open Lands Extension
? Pawar: We were looking at an 8-12 month timeline for updating the Natural Areas
. Policy Plan (NAPP). We have now modified the timeline in order to allow more
timely land acquisitions. The NAPP is written where only Chapter 5 needs Council
and Board approval. The rest of the chapters are supporting data for the policy. Staff
is working with legal and the process detailed is to bring the initial presentation to the
NRAB on February 19. Staff will recommend to Council the establishment of a new
board dedicated to open lands.
? Rodriguez: What process will you use to fine tune land conservation areas of focus?
? Pawar. We have considered reforming the task force and talk about prioritization
from a land opportunity perspective. We would like to commit to Council that the
area around Fort Collins would be Priority Area 1,based on swilling sellers. There are
more opportunities in Priority Areas 2 and 3 but that would not prevent us from
pursuing them.
? Rodriguez: We should present opportunities to partner and leverage funds to get
more bang for the buck.
? Pawar: We will not compromise the partnering ability. The County has significant
opportunities and we will partner with them and share the financial burden. Our
single-minded goal is to go out and buy land.
? Fischer: I am glad there will be a separate board.
? Pawar: Staff feels it's an opportune time to go forward with this now. The biggest
affected interests are the Air Quality Advisory Board members. There is significant
overlap between board agendas, actions are similar and staff recommends a dedicated
open lands board and a merger of the Air Quality and Natural Resources Boards.
There are five NRAB members and one AQAB member interested in joining the new
open lands board. Nobody will be asked to step down from their board appointment.
We anticipate about 12 members on the combined board.
? Ryder: Do you need a Council decision?
? Pawar: Yes. We will not go forward with the recommendation unless there is
support from the NRAB and AQAB.
? Murphy: I hope there is an opportunity for both boards to sit together and talk about
it.
AGENDA ITEM SUMMARY ITEM NUMBER: 18 A-B
DATE: April 1, 2003
FORT COLLINS CITY COUNCIL Rick Bachand
STAEftball Crangle-Krizman
SUBJECT:
Items Relating to Construction of the Pleasant Valley Pipeline Across a Portion of Reservoir
Ridge Natural Area by the Northern Colorado Water Conservancy District.
RECOMMENDATION:
Ilk
Staff recommends adoption q the R lution' a of the Ordinance on First Reading. The
Natural Resources Advisory Board'reviewed�the lans at-its—February 5, 2003, meeting and
recommended approval of the Ordinance.
FINANCIAL IMPACT:
Northern Colorado Water Conservancy District (NCWCD) will be responsible for all costs
associated with the waterline installation, Mair.Itenannce,and initial xevegetation and restoration of
disturbed areas in the Natural Area' CWCD has agreed to pay a total of $2,700 for the
temporary construction easement and a 4,800rfe for vegeta` on stewardship (reseeding, weed
control, and other managementtactkuitieterthenitial revegetation and restoration of the site.
The total reimbursement to the City is $7,500.
EXECUTIVE SUMMARY:
A. Resolution 2003-045 Authorizing a Revocable Permit over a Portion of Reservoir Ridge
Natural Area for Con tnr"ctr n 'f Plea an V ey wipe ne by the Northern Colorado
Water Conservancy Dict. � .
B. First Reading of Ordinance
No.. 56, 2 0 Authorizing a Temporary Construction
Easement for Construction of a Waterline Across a Portion of Reservoir Ridge Natural
Area by the Northern Colorado Water Conservancy District.
NCWCD requested a temporary construction easement (0.95 acres) from the Natural Areas
Program for a portion of Reservoir Ridge (Udall addition) located at Michaud Lane. The request
is for a construction easement to be used for the purposes of installing a waterline along a
permanent easement that was previously granted to NCWCD prior to the City's ownership of the
property. NCWCD is already working in the area of the previously granted permanent easement,
and will begin work in the temporary construction easement area as soon as permitted hereunder.
The term of the temporary construction easement expires upon completion of the work under the
temporary easement, but not later than two years after the effective date of that easement.
DATE: ITEM NUMBER:
In the easement agreement, Natural Resources has defined specific resource protection standards
that NCWCD must meet in order to minimize the long-term impacts to the Natural Area. In
addition, NCWCD agreed to complete the initial revegetation and restoration of the site.
NCWCD will also reimburse the City $2,400/acre for long term vegetation management of the
site, including the area of the Permanent Easement. In this way, the City's Natural Area
Program will control the future management of the site while reducing the administrative costs
of monitoring activities by outside entities on the Natural Area.
As a result of the construction schedule for NCWCD on the Natural Area, NCWCD has
requested that the City expedite to the extent possible the completion of the process for allowing
its work to proceed in the temgrary on true on ejse en area:,The Ordinance authorizing the
Temporary Construction Easement wrllot buff tiv ntil pnl 25. Therefore, staff has also
prepared a Revocable Permi or Tem oraryI(+or�tructi in activities that allows NCWCD to
proceed on a revocable basis mcarry out work-in the temporary construction easement. The
Resolution authorizes the Mayor to sign the Revocable Permit after the April 1 City Council
meeting to allow NCWCD activities to begin in the temporary construction easement area. All
of the resource protection and other requirements of the Temporary Construction Easement have
been included in the Revocable Permit, and the Revocable Permit will expire upon the sooner of
the end of April, or the signing of the Temporary Construction Easement.
J _
U Ir
ORDINANCE NO. 056, 2003
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING A TEMPORARY CONSTRUCTION EASEMENT
FOR CONSTRUCTION OF A WATERLINE ACROSS A PORTION OF
RESERVOIR RIDGE NATURAL AREA
BY THE NORTHERN COLORADO WATER CONSERVANCY DISTRICT
WHEREAS, the City of Fort Collins is the owner of the property located west of Michaud
Lane known as the Reservoir Ridge Natural Area(the "Natural Area"); and
WHEREAS, the Northern Colorado Water Conservancy District ("NCWCD") is in the
process of constructing the Pleasant Valley Pipeline,a 67-inch diameter pipeline across the east end
of the Natural Area that will be located in a permanent easement granted to NCWCD by the prior
owner of the Natural Area; and
WHEREAS because the temporary construction easement originally acquired by NCWCD
along with the permanent easement expired before construction could begin,NCWCD has requested
that the City grant a new temporary construction easement (the "TCE") across two areas, as
described on Exhibit"A"and Exhibit`B", attached hereto and incorporated herein by this reference
(together referred to as the "Easement Area"); and
• WHEREAS, in exchange for the grant of the TCE, NCWCD has agreed to pay to the City
the sum of$2,700 as compensation for the use of the City's property, together with the amount of
$4,800 vegetation stewardship by the City; and
WHEREAS,City staff has negotiated with NCWCD an easement agreement entitled Pleasant
Valley Pipeline Construction Easement on Reservoir Ridge Natural Area and dated March 28,2003
(the"Easement Agreement"), which Easement Agreement is on file in the office of the City Clerk
and is available for pubic review; and
WHEREAS,the Easement Agreement includes specific resource protection and restoration
requirements that are intended to result in an improved condition of the Easement Area and
protection of existing resources on the Easement Area,including revegetation of disturbed areas;and
WHEREAS, the Natural Resources Advisory Board considered the proposed grant of the
TCE to NCWCD, and the terms of the Easement Agreement, at its regular meeting on February 5,
2003, and voted to recommend that the City Council authorize the grant of the TCE; and
WHEREAS, Section 23-1 It 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 RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the Council hereby finds that the grant of the TCE as described herein,
subject to the terms and conditions in the Easement Agreement, is in the best interests of the City
of Fort Collins.
Section 2. That the Mayor is hereby authorized to execute the Easement Agreement,together
with such additional terms and conditions as the City Manager, in consultation with the City
Attorney, determines to be necessary or appropriate to carry out the terms of this Ordinance and
protect the interests of the City.
Introduced,considered favorably on first reading,and ordered published this 1st day of April,
A.D. 2003, and to be presented for final passage on the 15th day of April, A.D. 2003.
Mayor
A EST:
City Clerk
Passed and adopted on final reading this 15th day of April, A.D. 2003.
Mayor
ATTEST:
City Clerk