HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 06/07/2011 - FIRST READING OF ORDINANCE NO. 067, 2011, AUTHORIZ DATE: June 7, 2011
STAFF: Helen Matson _
Glen Schlueter
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 forthe 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.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
June 7, 2011 -2- ITEM 12
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
ATTACHMENT 1
Larimer County Detention Center
Storm VVater Pi Request
Location Map
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ATTACHMENT3
Land Conservation and Stewardship Board
Wednesday, May 11, 2011
Easement Request from Larimer County for an Underground Storm Sewer Pipe
into Skunk Pond of Prospect Ponds
• Figgs: One of the attachments to your packet includes a map of the project area.
The City of Fort Collins Utilities acquired the property known as Prospect Ponds
Natural Area in 1976. Natural Resources manage Prospect Ponds Natural Area
and this Natural Area includes Skunk Pond. The easement request for the
property managed by Natural Areas at Skunk Pond is 1,773 square feet. The City
of Fort Collins Storm Water Utility Department encourages this improvement.
Larimer County intends to construct multiple projects on their existing Larimer
County Detention Center Campus located on Midpoint Drive. The portion of the
Larimer County Detention Center Campus site and a 4.8 acre offsite basin will
drain to the proposed detention pond. Even though the contributing area will
increase by almost 40 percent the proposed pond will be 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. -
Stanley moved that the Land Conservation and Stewardship Board recommend that City
Council approve the easement request from Larimer County for an underground storm
sewer pipe into Skunk Pond of Prospect Ponds. Cameron second. It was unanimously
approved.
ATTACHMENT 4
Excerpt from Unapproved Water Board Minutes, May 26, 2011
Easement Request from Larimer County for an Underground Storm Sewer Pipe on
Property Owned by City Utilities
(Attachments available upon request).
Water Engineering and Field Operations Manager Jon Haukaas introduced the topic. Larimer
County is doing an expansion including a new stormwater management pond for both water
quality and water quantity. The outlet pipe goes to the southeast section that crosses City-owned
property, hence the need for the easement. The pond is fully designed for water quality capture
volume and a 100-year event. The ponds are a series of old gravel pits to the west of the River
Bend Natural Areas. The ponds outlet is to the Boxelder Irrigation Company ditch and
eventually to the Poudre River. It is designed to meet standards as per the Urban Storm Drainage
Criteria Manual (USDCM), Volume 3. Staff recommends approval.
* Vice Chairperson Steve Balderson recused himself from the'discussion on this topic due to a
conflict as a Larimer County employee.
Board discussion:
There are other properties along the pipe. How are those managed in that area? Each one is
managed individually rather than as a collective system. The soil along the railroad tracks will
still convey other flows. A pipe will be put in the soil to take flows from the Larimer County
Detention Center.
Is there a construction easement and permanent easement? They will do the construction with
the permanent easement.
Is the pipe underneath the channel? There will still be a channel on top of the pipe. The pipe will
be underneath the channel to separate the two flows.
What is the standard practice for waiving fees to other governments? When Utilities built the
Drake Water Reclamation Facility, Larimer County waived a considerable number of fees.
Motion: Board Member Brunswig moved that the Water Board recommend that the
City Council consider approval of a Permanent Easement to Larimer County. Board
Member Eccleston seconded the motion.
Board Member Malers suggested a friendly amendment to the motion to include the legal
description as per Mr. Haukaas' suggestion: "Lot 34 and Tract A of Prospect Industrial Park."
Board Members Brunswig and Eccleston approved the friendly amendment.
Amended Motion: Board Member Brunswig moved that the Water Board recommend
that the City Council consider approval of a Permanent Easement to Larimer County in
the area of Lot 34 and Tract A of Prospect Industrial Park, an area purchased as a
buffer for the Drake Water Reclamation Facility in 2002. Board Member Eccleston
seconded the motion.
Vote on the motion: It passed unanimously.
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 Latimer 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", attached hereto 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-
EXHIBIT "A"
Page 1 of 4
LEGAL DESCRIPTION- DRAINAGE EASEMENT
A PARCEL OF LAND SITUATED IN THE SOUTHEAST ONE-QUARTER OF SECTION 20,TOWNSHIP 7
NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF FT.COLLINS, LARIMER COUNTY,
COLORADO, BEING A PORTION OF"TRACT A"OF PROSPECT INDUSTRIAL PARK OF RECORD AT P-37
992, RECORDS OF THE RECORDER'S OFFICE LARIMER COUNTY,COLORADO, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BASIS OF BEARINGS THE NORTH LINE OF THE NORTHWEST ONE-QUARTER OF SECTION 20.
TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, BEING
MONUMENTED ATTHE NORTHWEST CORNER OF SAID SECTION 20 BY A 3 INCH
ALUMINUM CAP STAMPED"LS 20123"IN A RANGE BOX AND AT THE NORTH ONE-
QUARTER OF SAID SECTION 20 BY A 3 INCH ALUMINUM CAP STAMPED"LS
20123"IN A RANGE BOX, WITH THE LINE CALCULATED TO BEAR S89"01'33"E
WITH ALL BEARINGS RELATIVE THERETO.
BEGINNING AT THE WESTERLY CORNER OF SAID"TRACT A";THENCE N33018'35"E ALONG THE
WESTERLY LINE OF"TRACT A",A DISTANCE OF 23.89 FEET;
THENCE LEAVING SAID WESTERLY LINE OF"TRACT A"THE FOLLOWING THREE(3)COURSES ACROSS
SAID"TRACT A":
1. S70024'38"E A DISTANCE OF 41.97 FEET;
2. N33016'380E A DISTANCE OF 442.26 FEET;
3. S67001'42"E A DISTANCE OF 40,11 FEET TO A POINT ON THE EASTERLY LINE OF SAID
"TRACT A";
THENCE S33'18'35"W ALONG SAID EASTERLY LINE OF"TRACT A"A DISTANCE OF 30.50 FEET;
THENCE LEAVING SAID EASTERLY LINE OF"TRACT A"THE FOLLOWING THREE(3)COURSES ACROSS
SAID"TRACT A":
1. N67"01'42"W A DISTANCE OF 9.60 FEET;
2. S33016'38"W A DISTANCE OF 440.80 FEET;
3. N70°24'38W A DISTANCE OF 53.86 FEET TO A POINT ON THE SOUTHWESTERLY LINE OF SAID
"TRACT A";
THENCE N49°02'03"W ALONG SAID SOUTHWESTERLY LINE OF"TRACT A"A DISTANCE OF 18.62 FEET
TO THE POINT OF BEGINNING.
CONTAINING AN AREA OF 15,650 SQUARE FEET,OR 0.359 ACRES, MORE OR LESS.
EXHIBIT ATTACHED AND BY THIS REFERENCE MADE A PART HEREOF.
1,CHARLES BERESFORD,A PROFESSIONAL LAND SURVEYOR IN THE STATE OF COLORADO, DO
HEREBY STATE THAT THE ABOVE LEGAL DESCRIPTION AND ATTACHED EXHIBIT WERE PREPARED
UNDER MY RESPONSIBLE CHARGE,AND ON THE BASIS OF MY KNOWLEDGE, INFORMATION AND
BELIEF,ARE CORRECT.
o���P�sERC��,s6'
CHARLES BERESFORD, PROFESSIONAL LAND SURVEYOR
COLORADO REGISTRATION No. 35583 ��D� �Z °v�
FOR AND ON BEHALF OF NOLTE ASSOCIATES, INC. 5833
8000 S.CHESTER STREET, SUITE 200
CENTENNIAL, COLORADO 80112
PAGE 1 OF 2 dAL LAN�S�
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EXHIBIT "A"
Page 3 of 4
LEGAL DESCRIPTION- DRAINAGE EASEMENT
A PARCEL OF LAND SITUATED IN THE SOUTHEAST ONE-QUARTER OF SECTION 20,TOWNSHIP 7
NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF FT. COLLINS, LARIMER COUNTY,
COLORADO, BEING A PORTION OF THAT PARCEL OF LAND OWNED BY THE CITY OF FT. COLLINS,
BEING KNOWN AS PARCEL NUMBER 8720100920, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BASIS OF BEARINGS THE NORTH LINE OF THE NORTHWEST ONE-QUARTER OF SECTION 20,
TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, BEING
MONUMENTED AT THE NORTHWEST CORNER OF SAID SECTION 20 BY A 3 INCH
ALUMINUM CAP STAMPED"LS 20123"IN A RANGE BOX AND AT THE NORTH ONE-
QUARTER OF SAID SECTION 20 BY A 3 INCH ALUMINUM CAP STAMPED"LS
20123"IN A RANGE BOX,WITH THE LINE CALCULATED TO BEAR S89001'33"E
WITH ALL BEARINGS RELATIVE THERETO.
COMMENCING AT THE NORTHERLY CORNER OF LOT 34,PROSPECT INDUSTRIAL PARK OF RECORD AT
P-37 992, RECORDS OF THE RECORDER'S OFFICE,LARIMER COUTY,COLORADO;
THENCE N33"18'35"E ALONG THE EASTERLY LINE OF"TRACT A"OF SAID PROSPECT INDUSTRIAL PARK
AND ALSO ALONG A WESTERLY LINE OF SAID CITY OF FT. COLLINS PARCEL A DISTANCE OF 17.35
FEET TO THE POINT OF BEGINNING;
THE N33018'35"E CONTINUING ALONG SAID EASTERLY LINE OF"TRACTA"OF PROSPECT INDUSTRIAL
PARK AND ALONG SAID WESTERLY LINE OF THE CITY OF FT.COLLINS PARCEL A DISTANCE OF 30.48
FEET;
THENCE LEAVING SAID EASTERLY LINE OF"TRACT A"OF PROSPECT INDUSTRIAL PARK AND LEAVING
SAID WESTERLY LINE OF THE CITY OF FT.COLLINS PARCEL,THE FOLLOWING THREE(3)COURSES
ACROSS SAID CITY OF FT.COLLINS PARCEL:
1. S66051'25"E A DISTANCE OF 56.41 FEET;
2. S23008'35"W A DISTANCE OF 30.00 FEET;
3. N66"51'25"W A DISTANCE OF 61.79 FEET TO THE POINT OF BEGINNING.
CONTAINING AN AREA OF 1,773 SQUARE FEET,OR 0.041 ACRES, MORE OR LESS.
EXHIBIT ATTACHED AND BY THIS REFERENCE MADE A PART HEREOF.
1,CHARLES BERESFORD,A PROFESSIONAL LAND SURVEYOR IN THE STATE OF COLORADO, DO
HEREBY STATE THAT THE ABOVE LEGAL DESCRIPTION AND ATTACHED EXHIBIT WERE PREPARED
UNDER MY RESPONSIBLE CHARGE,AND ON THE BASIS OF MY KNOWLEDGE, INFORMATION AND
BELIEF,ARE CORRECT.
Gp x S 6En4�.'*
Z 0f.Q.(.4113
o'•" 5583 o
CHARLES BERESFORD, PROFESSIONAL LAND SURVEYOR l�TONAL LAN��J
COLORADO REGISTRATION No. 35583
FOR AND ON BEHALF OF NOLTE ASSOCIATES, INC.
8000 S. CHESTER STREET,SUITE 200
CENTENNIAL,COLORADO 80112
PAGE 1 OF 2
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