HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 07/17/2012 - FIRST READING OF ORDINANCE NO. 072, 2012, AUTHORIZDATE: July 17, 2012
STAFF: Lisa Voytko
Lindsay Kuntz
AGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL 23
SUBJECT
First Reading of Ordinance No. 072, 2012, Authorizing the Conveyance of a Non-Exclusive Waterline Easement and
a Temporary Construction Easement on City Property to the North Weld County Water District and the East Larimer
County Water District.
EXECUTIVE SUMMARY
The North Weld County Water District and the East Larimer County Water District (ELCO) have planned the North
Weld – ELCO Water Transmission Pipeline (NEWT) Project to install an underground pipeline to connect the Soldier
Canyon Water Filter Plant to the Districts’ distribution systems. As part of this Project, the Districts are requesting a
40-foot wide waterline easement and a temporary construction easement across the northern portion of the City’s
Water Treatment Facility property located on Laporte Avenue. The City has previously granted easements for this
Project on other City properties.
BACKGROUND / DISCUSSION
The NEWT Project is designed to meet the water needs of the growing population in northern Colorado including the
City of Fort Collins. The Project involves the installation of a 42-inch diameter water pipeline from the Soldier Canyon
Filter Plant near Horsetooth Reservoir to the two Districts’ distribution systems. Construction is anticipated to begin
in 2014 and will take approximately nine months to construct. The first phase of this Project has been completed.
Construction of the last phase is anticipated to begin in 2014 and will take approximately nine months to construct.
The City granted similar easements to the Districts on other City property during the first phase of this Project.
The Districts’ Project is planned to cross the northernmost section of the City’s Water Treatment Facility on West
Laporte Avenue. The Districts’ are requesting a waterline easement and a temporary construction easement from the
City to install the planned waterline. The underground pipeline will be installed with a combination of open cut trenches
and boring. The Districts’ waterline will parallel an existing City-owned waterline. The City’s property will be restored
and reseeded after completion of the Project. No aboveground improvements will be installed in the easement area
with the exception of vent pipes which will be no larger than 12 inches in diameter and painted a color of the City’s
choosing. City Utilities staff has evaluated the proposed easements and does not believe the conveyance of the
easements will interfere with the intended use of the City’s Property as part of the Water Treatment Facility.
FINANCIAL / ECONOMIC IMPACTS
Real Estate Services reviewed comparable sales information, as well as an appraisal report submitted by the Districts
to prepare a value estimate for the requested easement. The estimated just compensation for the permanent
easement, temporary construction easement, and fee for processing the easement request is $11,063.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BOARD / COMMISSION RECOMMENDATION
On June 21, 2012, the Water Board voted unanimously to recommend that City Council approve an Ordinance
authorizing the conveyance of a permanent waterline easement and temporary construction easement on the City
property to the Districts.
July 17, 2012 -2- ITEM 23
ATTACHMENTS
1. Location map
2. NEWT Project Overview and Previous City Easement Locations
3. Vent Pipe example
4. Water Board minutes, June 21, 2012
Attachment 1: Page 2 of 2
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Vent Pipe Example Attachment 2
Attachment 4
Excerpt from Unapproved Water Board Minutes, June 21, 2012
Easement Request from East Larimer County Water District/North Weld County Water
District on Water Treatment Facility Property
(Attachments available upon request).
Water Production Manager Lisa Voytko introduced the item and introduced Real Estate
Specialist Lindsay Kuntz. The easement is for a proposed waterline agreement at the Water
Treatment Facility on Laporte Avenue for the North Weld – ELCO Water Transmission Pipeline
(NEWT) project. The project involves the installation of a 42” diameter water pipeline from the
Soldier Canyon Filter Plant near Horsetooth Reservoir to the two districts’ distribution systems.
Ms. Voytko presented a map showing the proposed waterline easement.
Highlights from the discussion:
A board member feels this is a great opportunity to take advantage of existing systems
since there is an existing water share agreement with North Weld.
The board members and staff discussed the connections at Timberline Road, and the
connections with Fort Collins Loveland Water District (FCLWD).
In response to a question about expansion plans for the Water Treatment Facility, Ms.
Voytko stated there is adequate capacity with the existing water projections.
Vote on the motion: It passed unanimously.
In response to a question about compensation, Ms. Kuntz stated the City will be compensated by
the districts for the easement.
Vice Chairperson Malers moved that the Water Board recommend that the City Council
consider approval of an Ordinance authorizing the conveyance of a permanent waterline
easement and temporary construction easement on the City property to the North Weld
County Water District and East Larimer County Water District. Board Member Brown
seconded the motion.
ORDINANCE NO. 072, 2012
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF A NON-EXCLUSIVE WATERLINE
EASEMENT AND A TEMPORARY CONSTRUCTION EASEMENT ON
CITY PROPERTY TO THE NORTH WELD COUNTY WATER DISTRICT
AND THE EAST LARIMER COUNTY WATER DISTRICT
WHEREAS, the City is the owner of a parcel of real property located in Fort Collins,
Colorado, identified in County records as parcel number 97070-00-908, and known as the Water
Treatment Facility (the “City Property”); and
WHEREAS, the North Weld County Water District and the East Larimer County Water
District (the “Districts”) have requested a waterline easement and a temporary construction
easement (collectively, the “Easements”) on the City Property for the benefit of their North Weld
– ELCO Water Transmission Pipeline (“NEWT”) Project; and
WHEREAS, the proposed Easements are described on Exhibit “A”, attached and
incorporated herein; and
WHEREAS, the proposed Easements would be used by the Districts to install an
underground pipeline to connect the Soldier Canyon Water Filter Plant to the Districts’ distribution
systems; and
WHEREAS, the proposed waterline easement is 1.685 acres in size and the temporary
construction easement is 2.756 acres in size; and
WHEREAS, the Districts would compensate the City $11,063 for the Easements and for staff
processing time; and
WHEREAS, Section 23-111 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, provided that the City Council first finds, by ordinance, that such sale or other disposition
is in the best interests of the City and, with respect to real property that is a part of the City’s water
or utility systems, 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; and
WHEREAS, City staff has not identified any negative impacts to the City resulting from the
granting of the Easements; and
WHEREAS, assisting the Districts with this easement request benefits the citizens of the City
by encouraging cooperation and collaboration among regional water providers and providing the
potential for emergency interconnects between water systems.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the conveyance of the Easements on the City Property to the Districts
as provided herein is in the best interests of the City, will not materially impair the viability of the
water utility’s system as a whole, and will be for the benefit of the citizens of the City.
Section 2. That the Mayor is hereby authorized to execute such documents as are
necessary to convey the Easements to the Districts on terms and conditions consistent with this
Ordinance, 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 17th day of
July, A.D. 2012, and to be presented for final passage on the 21st day of August, A.D. 2012.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Passed and adopted on final reading on the 21st day of August, A.D. 2012.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
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NEWT Project Overview and Previous City Easement Conveyances
NEWT Phase 1
NEWT Phase 2
Previous conveyances
Current easement request /
Attachment 2