HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 03/15/2011 - SECOND READING OF ORDINANCE NO. 025, 2011, AUTHORI DATE: March 15, 2011
STAFF: Daylan Figgs
Lindsay Kuntz
Second Reading of Ordinance No. 025, 2011,Authorizing the Conveyance of a Non-Exclusive Permanent Easement
on Fossil Creek Regional Open Space to the Colorado Department of Transportation.
EXECUTIVE SUMMARY
The Colorado Department of Transportation(CDOT)has requested a permanent non-exclusive easement on a portion
of the Fossil Creek Regional Open Space as part of the 1-25/SH392Interchange Project. This Ordinance,unanimously
adopted on First Reading on March 1,2011,authorizes the conveyance of an easement that consists of 3,558 square
feet located within the wetland north of Highway 392. The easement will be used to construct box culverts for
stormwater control purposes and to maintain the existing wetland connection under the highway.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. Copy of First Reading Agenda Item Summary- March 1, 2011
(w/o attachments)
ATTACHMENT 1
DATE: March 1, 2011
STAFF: Daylan Figgs
Lindsay Kuntz —IM I DID
First Reading of Ordinance No. 025, 2011,Authorizing the Conveyance of a Non-Exclusive Permanent Easement on
Fossil Creek Regional Open Space to the Colorado Department of Transportation.
EXECUTIVE SUMMARY r------ c-\ /7
The Colorado Department of Transportation(CDOT)has requested.a permanent non-exclusive easement on a portion
of the Fossil Creek Regional Open Space as part'ofthe 1-25%SH392 Interchange Project(the"Project'). The requested
easement consists of 3,558 square feet-located within•the wetland north d0ighway 392 and will be used to construct
box culverts for stormwater control purposes and to maintain the existing wetland connection under the highway.
BACKGROUND / DISCUSSION
The Project is located at the intersection of Interstate 25 (1-25) and State Highway 392 (SH392) and includes the
associated Frontage Road in the vicinity of Fossil Creek Reservoir Regional Open Space (see Attachment 1). The
requested easement is located on a portion of Fossil Creek Reservoir Regional Open Space currently owned by
Larimer County. The City and Countyl to Bred into-an Intergovernmental Agreement in 2001 (Ordinance No. 003,
2001), revised and updated in 2009(Resolution 2009-102),whereinlLariineCounty agrees to convey a 50%interest
in this tract to the City. Larimer County is in the process of conveying this interest and once this transfer is complete,
the City can grant the requested ease me�nt�The�&r�im�Co�ty Commisoners will also have to approve the grant
of the easement.
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The wetlands at the Project site occur within an emergent marsh, and are primarily supported by groundwater
discharge from a relatively high water table and surface drainage from an unnamed tributary to Swede Lake and Fossil
Creek Reservoir (Wetlands Finding Report, Corps File No. NWO-2009-2197-DEN). The wetland is bisected by
SH392.
As part of this project, CDOT will replace two existing 24-inch culverts with two six-foot box culverts designed to
maintain wetland connection between both sides of SH392 as well as meet surface flow and water volume needs
during large storm events. Integrated into-this design,i\a small stormwater feature within the easement area to help
protect the wetland located north of SH392-from erosiomcaused by high surface flows. The box culverts are designed
to require minimal maintenance. n (� 11 I �J Vimtely
Construction within the easement areawillconsistremovingapprox 2.5 feet of soil and replacing it with
roughly 1.5 feet of rock riprap and one foot of wetland topsoil. The existing wetland topsoil will be saved during the
excavation process and placed back onto the surface as part of the wetland restoration plan. CDOT has established
an extensive list of Best Management Practices (BMP) to minimize impacts to the wetland and to direct wetland
restoration. This includes the requirement to control invasive plants, implement a stormwater management plan to
protectthe wetland during construction,transplant native broadleaf cattails,alkali bulrush,and common three squares
onto the site, and reseeding the area with a native seed mix approved by the City and County. A third party
construction monitor, knowledgeable about wetland restoration, will monitor the construction work for environmental
compliance and report any issues that arise to CDOT, Larimer County, and the City. Also, a wetland restoration
monitor will help track the success of wetland restoration and provide recommendations for remedial actions if
necessary. The contractor will be responsible for tthhe-wetland-restoration untilynative vegetation cover exceeds 75
percent. CDOT will also be required to follow the Natural IArea's Resource/Protection Standards throughout the
duration of this project. UU
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March 1, 2011 -2- ITEM 16
FINANCIAL/ ECONOMIC IMPACTS
CDOT will pay the City$1000 for the permanent easement„as well as the$500 Natural Resources easement request
administration fee. CDOT will compensate the County separately for the same easement.
ENVIRONMENTAL IMPACTS
A site visit was conducted by Natural Areas staff, Larimer County Open lands staff, and CDOT staff to discuss the
impacts caused within the easement and-the.restoration•potential-for the wetlandT Overall, it is the opinion of staff that,
while short term impacts to the wetland willll occu'r'�su cc essful restorationiiexpected.
STAFF RECOMMENDATION
U
UDD
Staff recommends adoption of the Ordinance on First Reading.
BOARD / COMMISSION RECOMMENDATION
On February 9, 2011, the Land Conservation and Stewardship Board voted unanimously to recommend that City
Council approve an ordinance authorizi g:the conveyance of a:no n`excluspermanent easement on Fossil Creek
Regional Open Space to the Colorado Department of Transpo i n.
L:�? DDD'
ATTACHMENTS
1. Project Location Map
2. Easement Location Detail
3 Minutes from the February 9, 2011 Land Conservation and Stewardship Board Meeting
COPY
ID)Y
ORDINANCE NO. 025, 2011
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF A NON-EXCLUSIVE PERMANENT
EASEMENT ON FOSSIL CREEK REGIONAL OPEN SPACE TO THE
COLORADO DEPARTMENT OF TRANSPORTATION
WHEREAS, Larimer County is the owner of a parcel of real property located in Fort
Collins, Colorado, more particularly described on Exhibit A, attached hereto and incorporated
herein by reference (the "Property"), which Property is part of the Fossil Creek Regional Open
Space (the "Open Space"); and
WHEREAS, in 2001, pursuant to Ordinance No. 003, 2001, the City and County entered
into an intergovernmental agreement (the "IGA") regarding the acquisition and management of
property that is now part of the Open Space, including the Property; and
WHEREAS, in 2009, pursuant to Resolution 2009-102, the City and County entered into
an amended and restated version of the IGA; and
WHEREAS, the IGA states that the City and County will each acquire certain parcels of
land around Fossil Creek Reservoir and then convey interests in those parcels to one another so
that the City and County will each own a 50% interest in all the land that makes up the Open
Space; and
WHEREAS, the County is in the process of conveying a 50% interest in the Property to
the City, but that transaction has not yet been completed; and
WHEREAS, the Colorado Department of Transportation (CDOT) has requested a
permanent easement (the "Easement") on the Property in connection with the Interstate 25 and
State Highway 392 intersection improvement project; and
WHEREAS, the Easement is more particularly described on Exhibit B, attached and
incorporated herein by reference; and
WHEREAS, the Easement would be used to maintain a connection between wetlands on
each side of Highway 392 and to meet surface flow and water volume needs during large storm
events; and
WHEREAS, as consideration for the grant of the Easement CDOT will pay the City
$1,000.00 plus processing fees of$500.00 as required by the Natural Areas Easement Policy; and
WHEREAS, CDOT will also compensate the County for the Easement; and
WHEREAS, CDOT will be required to restore and reseed the land following completion
of its improvements within the Easement area, and consequently City staff has identified no
negative long-term impacts resulting from the grant of the Easement; and
WHEREAS, Section 23-111(a) of the City Code states 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.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the conveyance of the Easement on the Property to CDOT as
provided herein, following the conveyance of a 50% interest in the Property from the County to
the City as contemplated by the IGA, is in the best interests of the City.
Section 2. That the Mayor is hereby authorized to execute, in cooperation with
Larimer County, such documents as are necessary for the City and County to convey the
Easement to CDOT 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 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 1 st day of
March, A.D. 2011, and to be presented for final passa4theh ay of March, A.D. 2011.
ATTEST:
City Clerk
Passed and adopted on final reading on the 15th day of March, A.D. 2011.
Mayor
ATTEST:
City Clerk