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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 07/05/2011 - SECOND READING OF ORDINANCE NO. 067, 2011, AUTHORIDATE: July 5, 2011 STAFF: Helen Matson Glen Schlueter AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 8 SUBJECT Second Reading of Ordinance No. 067, 2011, Authorizing the Conveyance to Larimer County of a Permanent Non- Exclusive Storm Drainage Easement on City Wastewater Utility Property Including a Portion of Prospect Ponds Natural Area. EXECUTIVE SUMMARY Larimer County has a current construction project at the Larimer County Detention Center Campus, located on Midpoint Drive. This project includes an Alternative Sentencing Division building, an addition to the existing Sheriff’s Administration building, and an addition to the existing Community Corrections Facility. In addition, there will be parking lot modifications and site improvements. With these changes, the project will include an on-site detention pond. This Ordinance, unanimously adopted on First Reading on June 7, 2011, will grant a permanent utility easement for a 30-inch underground stormwater pipe to convey the detained runoff to Skunk Pond, which is part of Prospect Ponds Natural Area. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. Copy of First Reading Agenda Item Summary - June 7, 2011 (w/o attachments) COPY COPY COPY COPY ATTACHMENT 1 DATE: June 7, 2011 STAFF: Helen Matson Glen Schlueter AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 12 SUBJECT First Reading of Ordinance No. 067, 2011, Authorizing the Conveyance to Larimer County of a Permanent Non- Exclusive Storm Drainage Easement on City Wastewater Utility Property Including a Portion of Prospect Ponds Natural Area. EXECUTIVE SUMMARY Larimer County has a current construction project at the Larimer County Detention Center Campus (LCDC) located on Midpoint Drive. This project includes an Alternative Sentencing Division building, an addition to the existing Sheriff’s Administration building, and an addition to the existing Community Corrections Facility. In addition, there will be parking lot modifications and site improvements. With these changes, the project will include an on-site detention pond. To handle the drainage from the site, Larimer County is requesting that the City grant a permanent utility easement for a 30-inch underground stormwater pipe to convey the detained runoff to Skunk Pond, which is part of Prospect Ponds Natural Area. BACKGROUND / DISCUSSION The City of Fort Collins Utilities acquired the property known as Prospect Ponds Natural Area in 1976. The Natural Resources Department manages Prospect Pond Natural Area, which includes Skunk Pond. In 2002, the Utilities purchased Lot 34 and Tract A of Prospect Industrial Park. The Utilities purchased these parcels to be a buffer for the Drake Water Reclamation Facility. The portion of the easement that runs under Tract A contains 15,650 square feet and the portion of the easement for the property managed by Natural Areas at Skunk Pond contains 1,773 square feet. The proposed detention pond on the LCDC campus is being designed to detain and release at a rate that is equal to only the onsite basin historic release rate for the 2-year storm and 100-year storm. The detained runoff from the LCDC campus will be conveyed in an underground 30-inch pipe in a southeasterly direction at the rear of the Prospect Industrial Park properties. There is currently a drainage channel in this location and the proposed pipe will be located at the center of the channel. At the south end of this drainage channel, the pipe will turn northwesterly under Tract A, Prospect Industrial Park and will outlet at Skunk Pond. FINANCIAL / ECONOMIC IMPACTS The improvements Larimer County is constructing at the LCDC campus serve a public purpose for the citizens of Fort Collins. Due to this public purpose, staff is recommending that the City not charge Larimer County for this easement request. Real Estate Services has determined that the value of this donated easement is $1,050. In addition, the waived processing fees from Real Estate Services and Natural Resources are $1,500. ENVIRONMENTAL IMPACTS Tract A of Prospect Industrial Park is currently improved as a gravel road. The portion of Prospect Ponds Natural Area that will be impacted is dominated by non-native vegetation and therefore, the County will not be required to pay restoration fees. Once the outlet pipe is constructed, the County’s contractor will replace the topsoil and seed with native grasses. COPY COPY COPY COPY June 7, 2011 -2- ITEM 12 STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BOARD / COMMISSION RECOMMENDATION At its May 11, 2011 meeting, the Land Conservation and Stewardship Board unanimously agreed to recommend that City Council approve the requested easement to Larimer County. At its May 26, 2011 meeting, the Water Board unanimously recommended Council approve the easement request from Larimer County. ATTACHMENTS 1. Location Map 2. Photo of Area of Impact at Skunk Pond 3. Land Conservation and Stewardship Board minutes, May 11, 2011 4. Water Board minutes, May 26, 2011 ORDINANCE NO. 067, 2011 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE TO LARIMER COUNTY OF A PERMANENT NON-EXCLUSIVE STORM DRAINAGE EASEMENT ON CITY WASTEWATER UTILITY PROPERTY INCLUDING A PORTION OF PROSPECT PONDS NATURAL AREA WHEREAS, the City owns a parcel of land described as Tract “A”, Prospect Ponds Industrial Park, and an adjacent parcel that is managed as Prospect Ponds Natural Area (together referred to as “the Property”); and WHEREAS, the Property was purchased by the City’s Wastewater Utility to provide a buffer for the Drake Water Reclamation Facility, and a portion of it is managed by Natural Areas in order to minimize the costs to the Wastewater Utility of owning and maintaining the Property; and WHEREAS, Larimer County (the “County”) is in the process of developing improvements to the existing Larimer County Detention Center campus (“LCDC”), located on Midpoint Drive, including on-site detention for storm drainage from the LCDC; and WHEREAS, stormwater on the LCDC site is currently held in a retention pond, and in connection with its development of new improvements, the County will install a detention pond and construct a 30-inch underground pipe to convey the stormwater flows away from LCDC, in a manner consistent with City standards for management of stormwater; and WHEREAS, as part of this project, the County has requested a permanent, non-exclusive easement approximately 17,400 square feet in area on the Property, for its underground stormwater pipe and for the outlet of stormwater flows from the pipe into Skunk Pond, which is located on the Property (the “Easement’); and WHEREAS, the location of the proposed Easement is shown and described on Exhibit “A”, [Exhibit “A” is on file in the office of the City Clerk] and incorporated herein by this reference (the “Easement Area”); and WHEREAS, City staff has evaluated the potential impacts of the proposed Easement, and has concluded that the Easement would not interfere with the City’s intended use of the Property, either as part of the natural area system, or as part of the City’s wastewater system; and WHEREAS, due to the public safety purposes to be served by the County’s LCDC improvements, and the City’s direct interest in promoting these purposes, staff is recommending that no fees or compensation be charged in connection with the proposed Easement; and WHEREAS, at its regular meeting on May 11, 2011, the Land Conservation and Stewardship Board reviewed the proposed Easement and recommended that the City Council authorize the conveyance of it; and WHEREAS, at its regular meeting on May 26, 2011, the Water Board reviewed the proposed Easement and also recommended that the City Council authorize conveyance of it; 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 by the City, provided that the City Council first finds, by ordinance, that such sale or other disposition is in the best interest of the City; and WHEREAS, with respect to property that is a part of the City’s water or utility systems, Section 23-111(b) of the City Code requires that the City Council also find that the disposition will not materially impair the viability of the particular utility system as a whole and that it will be for the benefit of the citizens 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 Easement, as set forth herein, is in the best interests of the City, will not impair the viability of the wastewater system, and will be for the benefit of the citizens of the City. Section 2. That the Mayor is hereby authorized to execute a deed of easement conveying the Easement on 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, 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 7th day of June, A.D. 2011, and to be presented for final passage on the 5th day of July, A.D. 2011. _________________________________ Mayor ATTEST: _____________________________ City Clerk -2- Passed and adopted on final reading on the 5th day of July, A.D. 2011. _________________________________ Mayor ATTEST: _____________________________ City Clerk -3-