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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 04/19/2011 - ITEMS RELATING TO THE GREELEY BELLVUE PIPELINE ON DATE: April 19, 2011 STAFF: Lindsay Kuntz, Susan Smolnik Roger Buffington • Items Relating to the Greeley Bellvue Pipeline on City Property. A. First Reading of Ordinance No. 054, 2011, Authorizing the Conveyance of a Waterline Easement, Access Easement, and Temporary Construction Easement on City property to the City of Greeley. B. Resolution 2011-038 Authorizing the City Manager to Enter Into a Shared Location Agreement for the Greeley Bellvue Pipeline to Cross a City Utility Easement. EXECUTIVE SUMMARY The City of Greeley is in the process of acquiring the necessary easements for their Greeley Bellvue Pipeline Project. Greeley has requested easements for its Project across a strip of property owned by the City extending south from the Poudre River. The property is the location of a ditch known as the City Ditch, which is owned by the City of Fort Collins Utility Department. The City Ditch was constructed in the late 1880s to convey water to the old Water Works Facility. The Larimer County Canal No. 2 Irrigating Company utilizes this ditch through an existing easement agreement with the City. The easements requested by Greeley include a .19 acre (8,265 square feet) permanent waterline easement, a .133 acre (5,808 square feet) temporary construction easement, and an access easement across the existing ditch access road. Greeley has also planned to install its pipeline across an existing utility easement containing a 27-inch waterline owned by the City. In order to protect the City's easement interest and existing utility improvements, Greeley has agreed to enter into a Shared Location Agreement regarding this crossing. The requested easements and encroachment on the City's existing easement were presented to the City's Water Board at its December 2010 meeting. They were also presented to the Land Conservation and Stewardship Board meeting on December 8, 2010. Both boards unanimously recommended approval of the easements. Greeley has agreed to pay the City for the value of each easement, as well as City Real Estate staff time. BACKGROUND / DISCUSSION Overall Project Description The Project involves the installation of about 30 miles of a 60-inch diameter pipeline and is designed to transport water from its Bellvue water treatment plant located northwest of Fort Collins to the City of Greeley water customers. Greeley has already installed approximately 19 miles of the waterline and plans to construct another 6.5 miles of the waterline system in the next two years. Greeley commenced the overall project in 2003 and plans to complete it by 2013. A Project Summary provided by the City of Greeley for the Project is attached (Attachment 4). Brief History As background, Greeley began delivering drinking water from its Belivue Water Treatment Plant in 1907. Greeley constructed the original transmission line out of handcrafted wooden stave pipe. Two, and sometimes three, parallel steel or concrete pipelines provide current transmission capacity. Existing transmission capacity will soon constrain Greeley's ability to service its customers from the Bellvue Water Treatment Plant due to increasing drinking water demand. The Project adds capacity to this transmission system for the first time in 50 years. Unfortunately, the existing 50-year-old transmission line easements are not large enough and were not intended to accommodate the additional line in many places. Greeley identified its preferred route corridor for the new transmission line because it minimized disruption of properties and the public at large, had moderate environmental April 19, 2011 -2- ITEM 28 impacts, operated on gravity, and ranked the best in terms of cost. Larimer County approved the location and extent of the preferred route corridor. In 2004, Greeley approached the City with a request to install a new water transmission line from the Bellvue Filter Plant to Greeley with a route going through Fort Collins. In an effort to allow plenty of time for review and collaboration, this request was made well in advance of the State Statue regulated 60-day Site Advisory Review time limit. A Technical Advisory Committee of City staff was formed and met on a monthly basis with representatives of the project for a year to discuss the pros and cons.of several possible route alternatives. City staff from various departments including Natural Resources, Planning, Engineering, and the Utilities departments worked closely with the project engineers to analyze any potential impacts to properties in the Fort Collins. The initial investigation focused on land use,environmental factors, impacts to existing structures, historic structures, natural areas, etc. All parties collaborated to ensure that the location of the proposed waterline would have the least amount of negative impacts and maximize opportunities for the City. All potential environmental impacts that were noted were planned to be avoided or temporary only. The proposed routes were then narrowed to one unanimous decision. The final "Location, Character, and Extent" report was submitted on April 15, 2005. City staff formed a Technical Advisory Committee and worked with Greeley staff to review the project per Colorado Revised Statute 31- 23-209, using the Site Advisory Review process. This statute limits the City 's regulatory review to the location, character, and extent of the proposal. A number of public open houses were held, to which all impacted property owners and adjacent property owners were invited. Very few comments were received and some were in favor of the Project. The Project was taken before the Planning and Zoning Board on June 16,2005 for site plan advisory review,per State statute and approved. In 2006, the Fort Collins City Council adopted Ordinance No. 135, 2006, which authorized the conveyance of easements on City property located in east Fort Collins near Timberline Road for the Project. In 2008,the City Council also adopted Ordinance No. 102, 2008, authorizing easements for the Project on City property located at 1000 North College Avenue. These easements were then conveyed and Greeley has since installed the waterline improvements in these easement areas. Current Easement Request Approximately 19 miles of the waterline has been constructed. The northern segment is one of the last portions of the Project and involves the installation of the waterline improvements from Shields Street north of Fort Collins west to the Bellvue Filter Plant. City staff and Greeley staff began meeting in October 2010 to discuss the currently requested easements and the crossing of the City's utility line. The water pipeline as it crosses the City's property and adjacent properties will be constructed within a steel casing that will be bored approximately 6 feet underneath the City Property. This section of boring will run for approximately 700 feet and will be constructed by hand The purpose of the hand boring is to minimize surface disturbances. In February 2011, the City Leadership Team presented City staff with a question concerning the number of surface protrusions planned for Greeley's Project. In SAR #15339 / Greeley Waterline and Natural Areas Easements (Attachment 5), City staff explained the conditions that would require the installation of these features, as well as whether they would be installed within the area of the City's easements. Greeley does not plan to install any above- ground facilities within the requested easement area. Blue marker posts are typically installed at property lines and fences and other locations to minimize obstructions in the properties. Greeley will work with property owners to determine the best location to place these markers. Greeley would consider using a natural color to paint any markers, if requested by an owner. Most of marker locations will be established during construction of the pipeline. Damage to vegetation will be limited to surface grading necessary for vehicle access across the ditch. The pipeline will also cross a nearby 27-inch water pipeline owned by the Utilities Department. Greeley plans to cross below this pipeline with a minimum of 12 inches of clearance between the two pipes. Greeley will work with the Utilities Department to determine what safety precautions need to be made when crossing this pipe. All work will be performed under the guidelines of the City's General Resource Protection Standards for Easements or Rights of Way on City of Fort Collins Natural areas and Open Lands. Property owned by the Natural Area Program will not be affected by the requested easements. April 19 2011 -3- ITEM 28 FINANCIAL / ECONOMIC IMPACTS Greeley has agreed to pay the following amounts for the easements: • Permanent Easement-$2,845 • Temporary Construction Easement-$200 • Access Easement- $500 • Staff time to process the request The value for the easements was calculated using$15,000 per acre. This value was determined by using comparable market data. STAFF RECOMMENDATION Staff recommends adoption of the Resolution and Ordinance on First Reading. BOARD / COMMISSION RECOMMENDATION At its December 6, 2010 meeting, the Water Board unanimously voted to recommend approval of the requested easements and encroachment. At its December 8, 2010, meeting, the Land Conservation and Stewardship Board unanimously voted to recommend approval of the requested easements and encroachment. ATTACHMENTS 1. Location Map 2. Water Board minutes, December 6, 2010 3. Land Conservation and Stewardship Board minutes, December 8, 2010 4. City of Greeley Project Summary 5. Council SAR#15339/Greeley Waterline and Natural Areas Easements 6. Planning and Zoning Board minutes, June 16, 2005 7. Powerpoint presentation Attachment 1 Page 1 of Greeley Water el i ne Easement Location Map J � { e or?�0� a CLAYMORE LAKE ED N Area of Waterline Easement Attachment 1 : Page 2 of 2 City of Greeley Water Pipeline Location Map Detail 7c• blrryl E+ N' €w,4 Tyr C1T7 (%ir it FORT 47LLM l¢ IJAM14 WUN" wM NO 2 gyp' SOLRhNI1 TERLY Ok CET INLM OF COW - {IU. 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IM1573 OP Rao � � em iffi. wwm UrAm wqv%X pan" I Voos 1711 MUM OMa i ,phi - - - - - - --- - - - - - -L D�' , 1 - S6-r o +IQ1r+ 0 - Approximate location of requested easements Q - Approximate location of utility line crossing Attachment 2 Fort Collins Utilities Water Board Minutes Monday,December 6, 2010 (Excerpt of minutes to include Easement Request item only) Conveyance of Easement for Greeley Pipeline Water Resources Engineer Susan Smolnik introduced staff from the City of Greeley, Katy Wiktor and Dan Moore who have been involved with pipeline construction for treated water delivery to Greeley from their Bellvue treatment plant. The pipeline will cross a small amount of the City ditch, a Fort Collins Utilities-owned property and a 27-inch Utilities- owned pipeline. The easement is required to make a way for construction equipment to reach the area for boring. The City of Fort Collins' Real Estate department has worked with Greeley staff on both the required temporary and permanent easement; a total of thirty different easements are involved. Staff recommended the Board supports the request for the easement. Board discussion: Are other permits involved? Staff is in the process of acquiring a nationwide permit, which is a form of permit from the Army Corps of Engineers. Will any type of bentonite mud he used? Bentonite material will be used in a limited amount to provide lubrication as the pipe goes through the dirt. How will subsidence be managed?Surveys will take place before and after the operation to insure no more than a half inch of subsidence occurs. Crews will bore under the location to avoid disturbance of the ditch. Some easement oilers are still being developed, and some offers have been sent to land owners. As a result, some permissions have been acquired on this segment. Is it best to drill when no water is in the canal? Crews prefer to drill in the wintertime, but due to the depth of the boring, they will encounter groundwater. Will there be a restoration requirement?Any surface disturbance will be treated within the City of Fort Collins' Natural Resources standards for restoration. Capacity of the pipe is quite a bit larger than the water rights Greeley owns to go through it. What are the plans for using the capacity of the pipe?This pipeline positions Greeley for the future and prevents the need to go through this area again. Some water rights have been acquired presently. The pipe will carry water from the Colorado-Big Thompson watershed, as well as Water Supply and Storage Company water. The flows do not represent any that would have come through Fort Collins anyway. The point of diversion will be changed to a point higher upstream: Can staff speak to pros and cons? Ms. Smolnik noted, as a City utility, we often have to request similar easements to serve our customers and would like to he cooperative in these types of actions when other cities request easements of us. Greeley's request has been sensitive to our Natural Areas guidelines. These are fairly small impacts. Greeley went through the location and extent approval with Larimer County. Motion: Board Member Waskom moved the Water Board recommends that City Council grant the easements requested by the City of Greeley for a water pipeline. Board Member Pillard seconded the motion. There was no further discussion on the motion. Vote on the motion: It passed unanimously. Attachment 3 MINUTES CITY OF FORT COLLINS LAND CONSERVATION & STEWARDSHIP BOARD Regular Meeting December 8, 2010 (Excerpt of minutes to include Easement Request item only) Utility Easement Request City of Greeley ' • Figgs: The City of Greeley is constructing a new 60 inch diameter pipeline to transport water from Greeley's Bellvue water treatment plant to the City of Greeley and surrounding communities. The City of Fort Collins Utilities Department owns the City Ditch, a property that will be crossed by the pipeline. As such Greeley is requesting a 50' permanent easement, a temporary easement, and a permanent access easement. In addition, Greeley is requesting a shared location agreement to cross an existing City utility line. There was a description of the project given by Dan Moore, Greeley Utility Department, with reference to maps of the pipeline location, which were provided to the Board for viewing. Ellis moved that the Land Conservation and Stewardship Board (LCSB) recommends that City Council approve an ordinance authorizing the conveyance of a permanent utility easement, a temporary construction easement, and an access easement on City Utility property to the city of Greeley for construction of its water pipeline. The LCSB also recommends that City Council approve a shared location agreement to cross an existing City utility line. Stanley second. It was unanimously approved. Attachment 4 Project Summary / v City of / \J***\ Colo Greeley Greeley Water Pipeline Frequently Asked Questions 1 . Why is Greeley building a new pipeline through Northern Colorado ? Greeley' s population is growing and , therefore, water demand is increasing . To provide drinking water to this anticipated population , Greeley is building the first new pipeline from its Bellvue Water Treatment Plant in over 50 years . This new 60 - inch pipeline will supplement the two, and in places three, existing 27 - inch pipelines . The upgraded water transmission system is needed to meet demands within the service area of the City of Greeley and to meet some of the demands of Windsor, Evans, and Milliken pursuant to outside water service contracts . 2 . Why doesn 't Greeley build a new water treatment plant closer to the City? Greeley evaluated many options for expanding water treatment capacity, including building an additional plant in town . The analysis determined that using and upgrading the Bellvue Water Treatment Plant and transmission system , which has been operating since 1907, was in the community ' s best interest based on cost, water quality, water rights, and environmental concerns . 3 . Who is funding this project ? This project is completely funded by the City of Greeley ratepayers with possible grants to help manage any impacts to historic sites . No federal funds are involved . 4 . Does this project impact Lorimer County water supply or development ? No . Greeley has separate water rights and a separate water system . This project does not promote growth or development in Larimer County . 5 . Who at Greeley can affected parties contact to discuss their concerns regarding the project ? Greeley supports an open and honest dialogue regarding this project and takes all citizen inquiries and comments seriously . The Greeley Water and Sewer Board is the ultimate governing board regarding the City ' s decisions on the project . Interested parties should contact Jon Monson , Greeley Water and Sewer Director, at 970- 350-9820 or Dan Moore, Project Manager, at 970- 350-9814 for more information or to express concerns . 6 . Does Greeley coordinate with local jurisdictions and collect public input ? Yes . The Larimer County Planning Commission , the Laporte Area Planning Advisory Committee, the City of Fort Collins Planning and Zoning Board , Weld County, and the Windsor Board of Trustees have either commented on or approved portions of the project . Greeley also hosted open house meetings in Fort Collins and Laporte to get feedback from local residents . Please see the attached timeline that documents all community outreach efforts Page 1 of 9 Attachment 4 Project Summary and other project milestones . Specifically for the Northern Segment, Greeley met with the Laporte Area Planning Advisory Committee in September 2007 to solicit comments and feedback . Greeley sent written invitations to 29 potentially affected property owners to attend an October 2007 open house . Both the LAPAC meeting and open house were covered in the local media . In addition , Greeley staff met with many landowners in the route corridor throughout the summer of 2007 . 7 . Did Greeley contact potentially affected property owners ? During the evaluation process, many property owners throughout the area were contacted to gather information . Property owners who were located along the proposed route were notified or contacted specifically since they would be directly impacted by pipeline construction . It would have been unwieldy and unnecessarily disruptive to contact all property owners on the dozens of preliminary routes . 8 . How were the routes selected ? The City evaluated dozens of possible routes between the beginning and ends of the pipeline . Each route was analyzed and ranked by cost, environmental impacts, private property impacts, and public land use disruption ( such as disruption to schools, traffic, utilities, businesses, and the general public ) among other things . Greeley proposed a route corridor that scored the highest taking all these factors into account . The Larimer County Planning Commission approved the location and extent of this route . 9 . Why not utilize the existing pipeline route ? Where possible, Greeley follows existing utility or transportation corridors including existing pipeline routes to minimize disruption to nearby properties . Unfortunately, since the time Greeley installed its last Bellvue pipeline in the early 1950s, homes, schools, roads and other utilities have been built in the area , making it impossible to utilize the existing pipeline corridor in some areas . 10 . Can Greeley choose a different route that would require pumping water? Certain routes would require pumping instead of letting the water flow by gravity . The energy consumed by pumping was one of the factors considered in the route analysis . Pumping water uses large amounts of energy and thus would increase Greeley' s carbon footprint . Cost and reliability factors also strongly disfavor a pumping alternative . As a result, Greeley uses gravity to transport water to the City whenever possible . Greeley has relied on gravity for its Bellvue transmission lines for over 100 years . 11 . Are affected property owners compensated ? Both the United States and Colorado constitutions require Greeley to compensate landowners for temporary or permanent use of their properties . Accordingly, Greeley pays landowners for the fair- market value for both temporary (for example, easements for surveying or construction ) and permanent easements across their properties . Greeley also compensates landowners for any damages caused by Greeley' s use of the property . Page 2 of 9 Attachment 4 Project Summary 12 . How is the easement value determined? Greeley offers to acquire the necessary pipeline easements at a price based upon the opinions of a real estate appraiser . Greeley then considers any credible information provided by the landowner concerning the value of the easements and impacts of the acquisition on the value of the landowner' s remaining property . Greeley has power of condemnation if an agreement cannot be reached on the acquisition . In that case, a court- appointed jury or commission of landowners determines just compensation . In the vast majority of cases, however, Greeley and the property owner agree on a value outside of court . 13 . After construction of the pipeline, what are the long-term impacts to the property? Once the pipeline is installed and the ground surface is restored , the pipeline is typically unnoticeable . The easement agreement prohibits the property owner from constructing buildings or structures, impounding water, and planting large trees over the pipeline . However, with the consent of Greeley, utility crossings, roads, driveways, parking lots, and open space areas are usually permissible . Property owners are paid a fair market value for temporary and permanent use of their property . 14 . What surface restoration measures will be provided to property owners ? Greeley restores the surface of the ground , fences, roads and other improvements to the conditions existing prior to the City ' s activities on the property . Greeley ' s experience along the earlier phases of the pipeline has shown consistent success in restoring and reclaiming affected areas following construction . Greeley is also following a set of Best Management Practices submitted to Larimer County as part of its approval of the Northern Segment . Greeley' s Best Management Practices manual is available online : http : //www . greeIeygov . com /Water/ Documents/ Report Best% 20Management% 20Practices Final September% 202008 . pdf. Below are a few photos documenting restoration after pipeline construction . More photos are available on the City of Greeley website at www . greeleygov . com/water . ,L3 r ., , J Page 3 of 9 Attachment 4 Project Summary 0 15 . How long does it typically take to construct a segment ? Typical construction pace for the pipeline installation varies from about 100 to 200 feet per day depending on the complexity of construction . This means it may take one or two days for installation to pass by a residence . Full restoration of the surface for things like pavement, sidewalks and landscaping takes additional time , but are always accomplished as quickly as possible . 16 . How will construction of the Northern Segment impact the Cache la Poudre River? The approved route for the Northern Segment has one direct crossing of the Poudre River . Based on a previous river crossing in Weld County, the pipeline is expected to result in minimal and temporary impacts . Greeley will restore the site once the pipe is laid . 17 . Will the pipeline interrupt groundwater flow? No . The project is designed to allow water to flow freely past the pipe in areas with a high groundwater table . Trench plugs are used to assure that groundwater will continue to flow across the pipe and not along the trench . 18 . Will the pipeline affect the historic properties in the area ? The approved route through Laporte is along the abandoned rail bed of the Greeley, Salt Lake & Pacific Railroad . Utilizing the area previously disturbed by the old rail bed construction helps minimize new environmental impacts . Greeley is aware of the historic designation and significance of this railroad . Greeley will work with property owners, community members and the relevant state and federal agencies to assess any potential impacts to the historic structures . If there are going to be any adverse impacts to the structures, Greeley will seek ways to avoid , minimize, or mitigate these impacts . Page 4 of 9 Attachment 4 Project Summary 19 . Will the pipeline have an adverse affect on endangered or rare animals or plants ? The Northern Segment of Greeley ' s pipeline could pass through areas with potential habitat for the Preble ' s meadow jumping mouse, the Ute ladies ' -tresses orchid and the Colorado butterfly plant . There could also be raptors nesting in the area . Greeley anticipates that it will address Preble ' s mouse and raptor concerns largely through seasonal timing of construction and avoidance of potential habitat . Based on past experience, Greeley does not expect the Ute ladies ' -tresses orchid or the Colorado butterfly plant to be present in the construction area , but will mitigate impacts if necessary . 20 . Will the approved route result in significant road closures or utility disruptions ? No . Some short-term road closures and utility disruptions may be necessary depending on the final pipeline alignment . Roads are crossed in a variety of ways, but closures typically do not last more than several days and an alternative route will be provided . The selected route crosses few streets and utility lines, therefore disruptions will be minimal . Page 5 of 9 Attachment 4 Project Summary ( :in of Greeley Greeley 's Bellvue Pipeline Project Timeline For the last 100 years, the City of Greeley ' s Bellvue Water Treatment plant at the mouth of the Poudre Canyon has treated drinking water for Greeley. The pipeline delivers drinking water from the plant to the city and is integral to ensuring a reliable water supply for Greeley water customers . Today, Greeley is building a new 30- mile, 60- inch pipeline to supplement the existing pipelines to accommodate the water demands of anticipated population growth . To build this pipeline, Greeley conducted extensive engineering studies to determine a route that would have the least impact and would ensure that the water could flow by gravity. Gravity flow eliminates the need for expensive, power-consuming pumping facilities . Because this route goes through the cities of Fort Collins, Windsor, and Laporte, as well as unincorporated sections of Larimer and Weld counties, Greeley conducted an extensive public outreach effort to ensure that the concerns of residents and city and county government officials would be heard and addressed . The pipeline is being built in five segments . A segment may be broken up into several phases . Below is the chronology of the pipeline through the fall of 2010 . As of the fall of 2010, approximately two thirds of the pipeline has been built . • December 17, 2002 — Design work on the pipeline begins and the design engineer is hired . • April 13, 2003 — The Windsor Board of Trustees approves the Utility Plan Review of the Chimney Park Segment. • July 24, 2004 — The Windsor Board of Trustees approves the Utility Plan Review of the Farmer ' s Segment. • September 14, 2004 — The Larimer County Planning Commission approves the location and extent of the Farmer' s Segment . • November 29, 2004 — The Chimney Park Segment that runs through the town of Windsor is completed and put in service . • May 26, 2005 — Greeley holds an Open House with residents of Fort Collins to inform them of the location and extent of the Fort Collins Segment and to solicit their concerns and input . • June 15, 2005 — The Larimer County Planning Commission approves the location and extent of the Fort Collins Segment . Page 6 of 9 Attachment 4 Project Summary • June 16, 2005 — The City of Fort Collins Planning and Zoning Board approves the location and extent of the Fort Collins Segment . • February 22, 2006 — The Farmer's Segment is completed and put in service . • September 18, 2007 — Greeley briefs the Laporte Area Planning Advisory Committee ( LAPAC ) on the location and extent of the Northern Segment . LAPAC prepared comments that were forwarded to the Larimer County Planning Commission . • October 2, 2007 — Greeley holds an Open House with the residents of Laporte to inform them of the location and extent of the Northern Segment and to solicit their concerns and input . • October 17, 2007 — The Larimer County Planning Commission approves the location and extent of the Northern Segment . • March 7, 2008 — The first phase of the Fort Collins Segment, the Mulberry Phase, is completed and put in service . • December 16, 2008 — Construction of the second phase of the Fort Collins Segment, the Vine Drive Phase, begins . • August 10, 2009 — Settlement reached with several Laporte area landowners that allowed Greeley access to their properties to gather biological, historical, and geotechnical data . • August 20, 2009 — Site visit and tour of Point of Rocks area with U . S . Army Corps of Engineers, State Historic Preservation Office, City of Greeley representatives, Point of Rocks area property owners and other interested parties . • September 29-October 1, 2009 — Cultural resource survey performed for Point of Rocks area . • Fall 2009 - Vine Drive Phase construction is completed . • November 2009 — Water Department staff and consultants finalize an alignment that avoids the historic bridges located within the Larimer County approved Northern Segment route . • December 2009 — Preliminary alignment maps sent to Point of Rocks area property owners . • Winter 2010 — Construction of the third phase of the Fort Collins Segment, the UP Railroad Phase, begins . • April 2010 — Water Department staff begin sending easement offers to Northern Segment property owners . • April and September 2010 — Cultural resource surveys performed on remaining acreage of Northern Segment. Page 7 of 9 Attachment 4 Project Summary • September 2010 -- Report detailing the findings of the Point of Rocks area cultural resource survey sent to U . S . Army Corps of Engineers for review. • Fall 2010 — UP Railroad Phase construction completed . • December 2010 — Biological Assessment sent to the U . S. Army Corps of Engineers for review . • January 2011 -- Report detailing the findings of the cultural resource surveys performed on the remainder of the Northern Segment sent to U . S . Corps of Engineers for review. • Fall 2011 - Construction of the Northern Segment to begin . • Spring 2013 — Construction of the Northern Segment to be complete . • To be determined - Construction of the Gold Hill Segment to begin . • To be determined — Construction of the Gold Hill Segment to be complete, thus completing all construction of the new pipeline Page 8 of 9 Attachment 4 Project Summary City of / Colorado Greeley Northern Segment Alternatives Evaluation Process The City of Greeley evaluated dozens of possible alternatives to make the final six- mile connection between the end of the existing pipe at Shields Street in Fort Collins and the Bellvue Water Treatment Plant at the mouth of the Poudre Canyon . The various alternatives were eventually combined into 18 different possible pipeline routes . Each of the 18 routes was then ranked by cost, land use disruption , and environmental effects ( e . g . aquatic resources, Preble ' s mouse, raptors, forest, with historic sites noted ) . Based on this evaluation , Greeley narrowed the 18 possible routes : Approved Alternative The alternative selected by Greeley and approved by the Larimer County Planning Commission would affect the fewest parcels of land — 28, would cause the least amount of public disruption ( i . e . , road and driveway closures during construction ) , and would allow Greeley to utilize gravity to transport water — thus saving on power costs and reducing Greeley' s carbon footprint . The approved alternative follows Greeley' s existing pipeline for approximately two-thirds of the Northern Segment . It then follows existing railroad right- of-way for much of the remainder of the segment . Northern Parallel Alternative This alternative was one of the first evaluated because we wanted to find corridors that were previously used . This alternative parallels our existing pipeline for a great majority of the Northern Segment . It was eliminated because, during our evaluation , we found that we do not have a sufficient easement to construct another pipeline parallel to our existing one without impacting dozens of private properties . Since construction of the existing pipeline in 1952 , the Cache la Poudre School and significant housing developments were built on both sides of the pipeline along both Vernon Drive and Shannon Drive . This alternative would affect 65 parcels of land , twice as many as the approved alternative . 54-G Alternative The 54-G alternative follows the existing pipeline for about a third of the Northern Segment and then follows along County Road ( CR ) 54- G for most of the remainder of the segment . This route would cause the greatest amount of public disruption as it would cause substantial road closures along 54- G , Laporte ' s main transportation artery, for almost a year . It also would affect 153 parcels of land in the business district and surrounding residential areas, five times as many as the approved alternative . Page 9 of 9 Attachment 5 Page 1 of 2 Council SAR#15339 /Greeley Waterline and Natural Areas Easements From: Debra Unger On Behalf Of Darin Atteberry Sent: Friday, February 11, 2011 1 1:53 AM Subject: RE: Leadership Team Follow-up: January 24. 2011 (Council SAR 915339/Greeley Waterline and Natural Areas Easements) Mayor and Council.. Please see the following response from Helen Matson, Real Estate Services Manager; and .Ion Haukaas, Water Engineering Field Operations Manager, re: the follow-up inquiry at the 1/24/1 1 Leadership Team meeting concerning the Greeley Waterline and Natural Areas easements: a. Staff is asked to provide some added explanation as to why there are so many surface features (protrusions) on Natural Area easements (a recent SAR response cited a large number, i.e. 99 protrusions) and who none in a recent report related to the Greeley Waterline: . ■ Protrusions associated with waterline pipes: The number of protrusions depends on the length, size and purpose of the pipe. Smaller diameter pipes need flushing hydrants, control valves, and vacuum breakers at shorter spacing distances. ■ Greeley waterline pipe: The proposed easement for the Greeley waterline is less than a tenth of an acre and the pipe is a 60 inch diameter pipe. A pipeline of this diameter will not include flushing hydrants as the size of hydrants and their connection leads are too small to effectively flush this size main. Valves will be so large that they are only installed at the ends where they connect to the facilities such as pump stations or treatment plants. Additionally vacuum breakers are only installed at the high points of the pipeline to eliminate any air that becomes trapped in the pipes. The Greeley waterline will be installed under the irrigation ditch which creates a low point. Therefore, there won't be any protrusions associated with this pipeline. ■ Cathy Fromme pipeline: The pipeline on Cathy Fromme Prairie is several miles long and the diameter of the pipe is 20 inches. Due to the length and the diameter of this pipeline, protrusions discussed above as well as other types of surface structures related to their operation are required. b. Is there a difference in our Real Estate policies/procedures between negotiations related to natural areas vs. waterlines? ■ The City uses a variety of easement forms when it grants easements for utilities on its property. In some instances, particularly in the case of older easements, the easement language is very general and does not specify in detail the facilities to be installed in the easement. In more recent years, the documents used by the City to grant easements have generally been more narrowly written and often require City approval of Attachment 5 Page 2 of 2 the plans for the facilities to be installed. In the case of easements on Natural Areas or other properties of particular concern, detailed plan review and specific resource protection and restoration standards are routinely required. Greeley representatives have indicated that in the case of the proposed water line crossing of the City's ditch property northwest of town, Greeley will comply with resource protection and restoration standards such as those used for easements on City Natural Areas properties. c. In the January 20, 2011 SAR #15339 staff response, it was stated "The plans are in the preliminary design stage and are typically cont completed until all land acquisitions and easements have been finalized. " To some, this implies that staff looses negotiation clout for details about protrusions(how many where the protrusions are located and how their appearance can be minimized) if the "design" is done after acquisitions and easements are finalized. Please comment. ■ As noted under b, above,the forms used by the City to grant easements have evolved over time and the City generally does require some degree of City plan review either in advance of granting an easement or as a condition of proceeding with construction once an easement has been granted. This has become more common over time, and in some instances where the City is not in a good negotiating position, the requirements imposed may be less stringent. ■ It is important to note that when the City purchases properties for any reason, these lands are almost always encumbered with easements and our purchases are made subject to these easements. d. In this same response, it was.stated: "Natural Areas do have guidelines and standards to protect their areas during work. " What about "after"work? ■ The Natural Areas Easement policy and the easement form used for easements on Natural Areas require restoration and post-restoration efforts, and require maintenance ongoing of facilities installed. In addition to consideration for the easement, typically the easement holder is required to pay the Natural Areas Program a fee for post-restoration monitoring, weed treatment, replanting, and other vegetation management. To insure the City has on-going protection, specific language is included in the Easement Deed and Agreement that says that any activities in the Easement Area shall be completed in accordance with the Grantor's then current specifications for comparable work on natural areas properties, if any. Please let us know if you would like any further information. Debra Unger Executive Administrative Assistant City Manager's Office P.O. Box 580 Fort Collins, CO 80522-0580 Tel: 970 221 6266 ATTACHMENT 6 Page 1 of 2 Fort Collins Planning and Zoning Board Minutes June 16,2005 (Excerpt of minutes to include Greeley Project item only) Project: Greeley Waterline Enhancement Transmission Project—Site Plan Advisory Review, # 21-05 Project Description: Request to construct the Fort Collins component of a 60-inch diameter water transmission line to provide additional water transmission capacity from the Bellvue Water Treatment Plant to the City of Greeley's treated water distribution system. Recommendation: Approval Hearinq Testimony, Written Comments and Other Evidence: Member Torgerson conflicted out on this item. Anne Aspen, City Planner gave the Staff Presentation recommending approval. This is a proposal for a 60-inch diameter pipeline that is entirely underground and will run from the Bellvue Water Treatment to Greeley's water treatment distribution system. About nine miles of that is within the city of Fort Collins. Staff has been asked to do a site plan advisory review. Staff has not found any fatal flaws in terms of location, character and extent and staff is recommending approval. Tom Boyle, Boyle Engineering stated that the map being shown is the overall project map from the viewpoint of the city of Greeley. It is actually a 30 mile pipeline that will run from their treatment plant north of Bellvue all the way down in through the city of Greeley. At this point they have constructed about two and a half miles in Windsor and they are currently under construction for about seven miles between Windsor and Timnath. The piece in Fort Collins is what they are studying now and is what is before the Board right now. Mr. Boyle showed a schematic drawing that showed the process they have gone through in order to find the preferred route they are at today. Mr. Boyle reported that last night they had their public hearing with Larimer County and received approval of the location and extent on the project. They also have their wetland delineation agreement with the Corp of Engineers. From that they intend to Attachment 6 Page 2 of 2 Fort Collins Planning and Zoning Board Minutes June 16,2005 integrate the comments that they have gained through the submittal process and move into final design and easement negotiations and ultimately construction of the project. Mr.'Boyle explained the extensive public outreach they did to notify people of this project. He also showed a slide of all the different agencies and departments they have coordinated with in Fort Collins and Larimer County. Mr. Boyle reviewed the different routes they reviewed. Bruce Meighen, EDAW spoke about the land use and environmental impacts associated with this project. He walked the Board through the preferred route and pointed out some of the coordination with future development and mitigation-measures taken. PUBLIC INPUT None. Member Stockover moved to approve the Greeley Enhancement Transmission Project(G-WET), Site Plan Advisory Review,#21-05, based on the facts and findings of staff. Member Schmidt seconded the motion. Member Schmidt was impressed with all the outreach that they have done in trying to touch base with as many people as possible and she hoped that all the cooperation in working together continues as they move through the project. The motion was approved 5-1 with Member Torgerson abstaining due to a conflict of interest. Fort Collins City Council Regular Meeting April 19 , 2011 Items Related to the Greeley Bellvue Pipeline on City Property Lindsay Kuntz , Real Estate Specialist III Jon Haukaas , Utility Services Operations Manager ctY or 1 �Ltf� Subject • Ordinance No . 054 , 2011 , Authorizing the Conveyance of a Waterline Easement , Access Easement , and Temporary Construction Easement on City property to the City of Greeley . • Resolution 2011 -038 Authorizing the City Manager to Enter Into a Shared Location Agreement for the Greeley Bellvue Pipeline to Cross a City Utility Easement . 2 �tr� Greeley Bellvue Pipelin Project Overview • Installation of approximately 30 miles of a 60- inch diameter pipeline to expand pipeline capacity from Greeley' s Bellvue filter plant to Greeley water customers . • Approximately 19 miles of the pipeline has been constructed . • Pipeline is being built in segments . • Greeley commenced the Project in 2003 and plans to complete it by 2013 . otY o� F� 3 t Northern Segment of Project • This is one of the last segments of the project and involves the installation of the waterline from Shields Street north of Fort Collins west to the Bellvue Filter Plant . • Final design has been completed , taking into account property owners ' concerns and ecological , geologic , and historic features . • Cultural resources and biological surveys are complete and have been sent to federal agencies . • Offers to buy easements are being sent to landowners . 4 try Request • Easements requested include a permanent easement , a temporary easement , and an access easement on City Property known as the City Ditch owned the City' s Utilities Department . • Greeley needs to cross an existing waterline easement , also owned by the Utilities Department , with their pipeline . • City staff has requested Greeley to enter into a Shared Location Agreement to protect the City' s easement interest and existing utility improvements . C o� �F� 5t City Property Detail • The City Ditch was acquired in 1883 and constructed in the late 1880 ' s to convey water to the old Water Works Facility . • The Larimer County Canal No . 2 Irrigating Company utilizes this ditch through an existing easement agreement with the City of Fort Collins (the " City" ) . • The waterline Greeley wishes to cross with their pipeline was acquired by Fort Collins in the 1950 ' s . 6 �trI in City Property Location Area of Waterline Easement a / li • Easements for the City Ditch property will allow hand tunneling instead of trenching . The Access Easement will allow access to the Permanent Easement using existing ditch roads and trails . • The water pipeline will be constructed within a steel casing that will be bored approximately 6- feet underneath the City Property . • Greeley plans to cross below the City' s existing water pipeline with a minimum of 12 inches of clearance between the two pipes . s �tr�- • Damage to vegetation during construction will be limited to surface grading necessary for vehicle access across the ditch . • There are no above-grade facilities planned within the easement area . • The Fort Collins Utility Department will determine what safety precautions need to be made when crossing the City' s utility pipe . • All work will be performed under the guidelines of the City' s General Resource Protection Standards for Easements or Rights of Way on City of Fort Collins Natural areas and Open Lands . Foty of 9 �t�� Staff Recommendation • City staff has reviewed Greeley' s plans for their Project and have found the requested easements and utility line crossing acceptable . • City staff is satisfied with the manner in which Greeley is handling their Project . • City staff recommends the adoption of the Ordinance authorizing the conveyance of the easements and the Resolution authorizing the Shared Location Agreement for the City' s utility line . Olt 10 try ORDINANCE NO. 054, 2011 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF A WATERLINE EASEMENT, ACCESS EASEMENT, AND TEMPORARY CONSTRUCTION EASEMENT ON CITY PROPERTY TO THE CITY OF GREELEY WHEREAS, the City owns a certain parcel of real property located in Larimer County, Colorado, known as the City Ditch (the "City Property"); and WHEREAS, the Larimer County Canal No. 2 Irrigating Company (the "Canal Company") utilizes the City Property through an existing easement agreement with the City; and WHEREAS, the City of Greeley ("Greeley"), is in the process of acquiring the necessary easements for its Bellvue Waterline Project, which will transport water from Greeley's Bellvue Water Treatment Plant to Greeley water customers (the "Project"); and WHEREAS, as part of the Project, Greeley has asked the City to convey to it a permanent easement and a temporary construction easement on the City Property as described in Exhibit"A", attached hereto and incorporated herein by this reference, and Greeley has asked the City to convey to it an access easement on the ditch access road to reach the City Property (collectively the "Easements"); and WHEREAS, the requested permanent easement is .19 acres in size and the requested temporary construction easement is .133 acres; and WHEREAS,City staff has evaluated whether the Easements would interfere with the City's intended use or the Canal Company's use of the Property, and has concluded that no such interference would result from the Easements; and WHEREAS, as consideration for the Easements, Greeley has agreed to pay the City $3,545 for the Easements, based on the estimated fair market value of the Easements, and to also pay the cost of the City staff time required for the processing of the Easements; and WHEREAS, City staff has negotiated easement forms that provide for City review and approval of construction plans for the portions of the Project on the Easements, for avoidance of surface and other potential impacts from the construction and operation of the improvements, and for restoration of the Easement areas in accordance with the City's Natural Areas Resource Protection Standards; and WHEREAS,the permanent easement,temporary construction easement and access easement documents negotiated by staff,dated April 15,2011 (the"Easement Documents"),are on file in the office of the City Clerk and available for inspection; and WHEREAS,City staff has identified no negative impacts to the City or the City Water Utility that would result from the grant of the requested Easements or installation of the waterline; and WHEREAS, on December 6, 2010, the proposed Easements were presented to the Water Board for consideration, and the Water Board voted unanimously to recommend approval of the Easements; and WHEREAS, on December 8, 2010, the proposed Easements were presented to the Land Conservation and Stewardship Board for consideration,and the Land Conservation and Stewardship Board voted unanimously to recommend approval of the Easements; 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 for a part of the City's utility system,provided that the Council first finds,by ordinance,that such sale or other disposition will not materially impair the viability of the affected utility system as a whole and that it will be for the benefit of the citizens of the City and 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 conveyance of the Easements to Greeley as provided herein will not materially impair the viability of the affected utility system as a whole and will be for the benefit of the citizens of the City and in the best interests of the City. Section 2. That the Mayor is hereby authorized to execute such documents as are necessary to convey the Easements to Greeley, on terms and conditions consistent with this Ordinance and in a form substantially the same as the Easement Documents, 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 descriptions of the easements, as long as such changes do not materially increase the size or change the character of the easements. Introduced, considered favorably on first reading, and ordered published this 19th day of April, A.D. 2011, and to be presented for final passage on the 3rd day of May, A.D. 2011. Mayor ATTEST: City Clerk -2- Passed and adopted on final reading on the 3rd day of May, A.D. 2011. Mayor ATTEST: City Clerk J -3- RESOLUTION 2011-038 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CITY MANAGER TO ENTER INTO A SHARED LOCATION AGREEMENT FOR THE GREELEY BELLVUE PIPELINE TO CROSS A CITY UTILITY EASEMENT WHEREAS, on November 3, 1956,the City acquired an easement for a 27-inch pipeline to serve certain areas northwest of Fort Collins,which easement was recorded on July 18, 1958,in the real property records of the Larimer County Clerk and Recorder at Reception No. 746577(the"City Easement"); and WHEREAS, the City of Greeley ("Greeley"), is in the process of acquiring the necessary easements and other permits and approvals necessary for its Bellvue Waterline Project, which will transport water from Greeley's Bellvue Water Treatment Plant to Greeley water customers (the "Project"); and WHEREAS,as part of the Project,Greeley has asked the City to consent to the encroachment on the City Easement of the Project, and specifically the installation of Greeley's new water transmission line across and under the City's existing 27-inch water pipeline; and WHEREAS, City staff has evaluated whether the proposed construction and location of the Greeley water pipeline would interfere with the City's intended use of the City Easement or the City's improvements, and has determined that no such interference would result from the proposed encroachment; and WHEREAS, in order to provide for the protection of the City's interests through the documentation of agreement to terms and conditions for the proposed Greeley encroachment, City staff has negotiated with Greeley a Shared Location Agreement providing for City review and approval of construction plans for the portions of the Project on the City Easement, and for notice to the City in connection with work on the City Easement in the future; and WHEREAS,the proposed Shared Location Agreement,dated April 15,2011,is on file in the office of the City Clerk and available for inspection; and WHEREAS,City staff has identified no negative impacts to the City or the City Water Utility that would result from the entering into the Shared Location Agreement and allowing the Greeley Project to proceed as requested; and WHEREAS,on December 6, 2010, the proposed encroachment was presented to the Water Board for consideration along with the related easements being requested by Greeley for the Project, and the Water Board voted unanimously to recommend approval of the Easements; and WHEREAS, on December 8, 2010, the proposed encroachment was presented to the Land Conservation and Stewardship Board for consideration along with the related easements being requested by Greeley for the Project, and the Land Conservation and Stewardship Board voted unanimously to recommend approval of the Easements; and WHEREAS,Article II,Section 16 of the City Charter empowers the City Council ofthe City, by ordinance or resolution, to enter into contracts with other governmental bodies to furnish governmental services and make charges for such services or enter into cooperative or joint activities with other governmental bodies; and WHEREAS, Section 29-1-203 of the Colorado Revised Statutes also provides that governments may cooperate or contract with one another to provide certain services or facilities when such cooperation or contracts are authorized by each party thereto with the approval of its legislative body or other authority having the power to so approve; and NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the City Manager is hereby authorized to execute the Shared Location Agreement on the terms and conditions referenced herein, together with such additional terns and conditions as the City Manager, in consultation with the City Attorney, determines are necessary or appropriate to protect the interests of the City. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 19th day of April A.D. 2011. Mayor ATTEST: City Clerk