HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 04/16/2013 - FIRST READING OF ORDINANCE NO. 063, 2013, AUTHORIZDATE: April 16, 2013
STAFF: John Stokes, Mark Sears
Tawyna Ernst, Daylan Figgs
AGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL 15
SUBJECT
First Reading of Ordinance No. 063, 2013, Authorizing the Conveyance of a Non-Exclusive Utility Easement on
Springer and Williams Natural Areas to Platte River Power Authority.
EXECUTIVE SUMMARY
Platte River Power Authority (Platte River) has requested a realignment of its existing easement (granted in 1982)
across Natural Areas property to accommodate the proposed construction of the Woodward Inc. (Woodward) Link-N-
Greens Campus, a master planned development, on adjacent property. As part of the development plan, Woodward
is working with Platte River to reroute a portion of the overhead electric transmission line that crosses the Link-N-
Greens campus. Subsequently, the transmission line will also need to be relocated from its current position on
Springer Natural Area (Springer). To construct the new alignment, Platte River is requesting a 60 to 100-foot wide
permanent easement, approximately 550 feet in length across the Springer and Williams Natural Areas to replace the
1982 easement. In addition, Platte River is requesting a temporary construction easement of roughly the same area.
Natural Areas Department (NAD) staff is working with Platte River to delineate the final easement areas.
If the new alignment is approved, Platte River will vacate the existing 1982 easement in the north and west portions
of Springer; remove all features associated with that part of the transmission line and restore the site. All impacts
within the proposed temporary and permanent easement areas on Springer and Williams will be fully restored, as well.
The overall restoration effort enables the site to be returned to a more natural riparian forest. The net benefit of the
larger restoration in the former transmission line corridor will exceed the impacts caused by this project.
BACKGROUND / DISCUSSION
The proposed Woodward Campus is located within the existing Link-N-Greens property near East Lincoln Avenue and
South Lemay Avenue (Lemay) (See Attachments 1 and 2 for area and property location maps). Platte River owns and
maintains an overhead transmission line that crosses Link-N-Greens and follows the Poudre River to the south and
east. As part of the Woodward Campus development, the transmission line will be moved from its current location to
a north-south alignment parallel on the west side of Lemay Avenue. This new alignment will cross the eastern side
of Williams and Springer Natural Areas and will tie back into the existing alignment on Springer where Lemay crosses
the Poudre River (See Attachment 3).
Following is a brief comparison of the existing and proposed infrastructure on Springer and Williams:
Property Current #
of poles
Proposed #
of poles
Current total length of
transmission line
(approximate)
Proposed total length of
transmission line
(approximate)
Springer 7 4 2,500 feet 1,600 feet
Williams 0 1 0 feet 250 feet
Total 7 5 2,500 feet 1,850 feet
Overall, Natural Areas will benefit from the reduction of the number of poles from 7 to 5 and the decrease in length
of transmission line from approximately 2,500 feet to 1,850 feet. Restoration funds will be used to restore the vacated
easement to native vegetation, and expand ongoing restoration efforts within this area, utilizing locally collected seeds
and plant material from the Poudre River (See Attachment 4). In addition, one pole will be removed from the portion
of the Link-n-Greens property that is to be transferred to the City.
Alternatives Analysis
Multiple siting scenarios have been evaluated based on the criteria of cost, schedule and environmental and public
impacts. The project team analyzed six underground and four overhead scenarios with varying cost and schedule
impacts to Woodward.
April 16, 2013 -2- ITEM 15
The six underground scenarios followed roughly similar alignments to the current overhead transmission line. The
primary concerns with the underground scenarios were higher costs and locating the riser poles necessary to transition
between the overhead and underground cables. The underground scenarios were estimated to cost seven to ten times
as much as the overhead scenarios. The riser poles required by undergrounding are very large and invasive for
neighboring property owners and would heavily impact the viewshed. Each underground scenario resulted in a riser
pole on Williams or Springer Natural Area.
Several alignments were evaluated for the overhead scenarios. Two overhead scenarios rerouted the transmission
line completely off the Link-N-Greens property and would have greatly expanded the area of impact to the public. One
of these was projected to head east on Lincoln from Lemay and then south on Link Lane; the other running east from
North Lemay Avenue on Vine Drive and then south along Timberline. These were ruled out for a variety of reasons
including length of time to acquire the new easements from the County and new landowners and the subsequent
difficulty to meet the Woodward development construction deadline; and potential public opposition to new alignments
on additional private properties.
Two other overhead alignments (Option 1 and Option 1a) were considered that kept the transmission line on the Link-
N-Greens property and were ultimately identified as the best options to meet the cost and schedule requirements for
parcel development (See Attachment 5 for depiction of these options). Both options have approximately equal cost
and schedule impact to the developer. Option 1a redirected a portion of the transmission line on the northern parcel
of Springer, but did not result in a significant net benefit to Natural Areas or Woodward. The preferred alignment,
Option 1, is the alternative requested within this easement application. Option 1 will enable the vacation and removal
of 1,200 lineal feet of transmission line through Springer that parallels the Poudre River. Option 1 will also eliminate
three existing poles within Springer Natural Area.
Option 1 will require a new easement roughly 60 to 100 feet wide and 550 feet long from the southwest corner of
Mulberry and Lemay within Williams and Springer to the vicinity of the existing pole on Springer, just west of Lemay
where the alignment will tie back into the original alignment.
The preferred alignment will add one pole on Williams near the intersection of Lemay and Mulberry. The pole will be
approximately 110 to 125 feet tall and 3 to 5 feet in circumference at the base. Final placement of this pole will be
affected by the following factors:
• Signal light/pole on the northwest corner of Mulberry and Lemay for the westbound traffic on Mulberry
• Proposed restaurant placement at the southeast end of the Link-N-Greens Property
• New bike trail route across Lemay.
The existing pole immediately west of Lemay on Springer will need to be moved approximately 10 to 20 feet west to
be within the new alignment. The replacement pole will be approximately 110-120 feet in height.
Riparian Corridor Restoration
The current alignment of Platte River’s transmission line crosses the Poudre River from the Link-n-Greens property
and essentially parallels the River as it runs through Springer. The Natural Area and Conserved Lands Easement
Policy (2012) states new overhead cable lines will not be allowed within any City-owned natural area or conserved
land, unless determined to be beneficial for the City’s property in the specific circumstances. In this case, the net
benefit to the City property is based on the removal of approximately 1,200 feet of transmission line and three poles
from within the Cache la Poudre River riparian forest on Springer. The new alignment will cross approximately 350
feet of non-native grasslands and 250 lineal feet of riparian forest. Further, Platte River will mitigate the project by
restoring the riparian area within the easement area east of Lemay (Attachment 4).
The restoration process will be driven, in part, by natural succession of the forest and will be supplemented by tree
and shrub plantings as part of a restoration plan being designed by NAD. Restoration of the site will focus, in part, on
a locally rare species, the American currant (Ribes americanum). The Colorado Natural Heritage Program designates
the American currant as imperiled in Colorado, due to its rarity in the state and its vulnerability to extirpation. The
American currant is a favored browsing material of birds and small mammals. The habitat of the American currant is
the understory of dense cottonwood galleries like those found along the Poudre River. In addition to the tree and shrub
establishment, all areas disturbed during infrastructure removal will be seeded to native grasses and forbs.
April 16, 2013 -3- ITEM 15
In 2009, the majority of woody and shrub cover was removed under and near the transmission lines in the project area
by Platte River to comply with Federal Energy Regulatory Commission, North American Energy Reliability Corporation,
and Western Electricity Coordinating Council regulations regarding vegetation height under or adjacent to transmission
lines. Platte River cleared vegetation distances based on “Industry Best Practice” and has established a maximum
allowable height of vegetation within the easement to be 15 feet. Second, to prevent trees from falling into the
conductor, Platte River follows Industry Best Practices and trims trees at or over 15 feet in height on the edge of the
easement at a 45 degree angle away from the powerline.
The installation of the transmission line within the new alignment will impact a portion of the existing riparian forest on
Springer. To comply with applicable regulations, Platte River will remove all trees underneath or adjacent to the
transmission line as described above. Impacts associated with this new alignment will remove approximately six to
ten cottonwood trees from the site, depending on final placement. Platte River and NAD will restore the site to native
vegetation that will not exceed the 15-foot height limit.
Due to the presence of a rare plant on this site and the current efforts underway to increase the distribution of the
American currant, NAD will conduct the majority of the site restoration for both the new and existing alignments. This
will allow NAD to increase the propagation of American currant within in the project area in partnership with the
Colorado State Forest Service greenhouse and increase the recovery of this rare plant.
Habitat and Rare Plant Recovery
Successful recovery of the American current is dependent on replacement of the canopy of cottonwoods and other
woody plants that it requires for its habitat. The Colorado State Forest Service Nursery is currently rooting 50 cuttings
of American currant as part of a recovery plan the City implemented in 2013. Should the transmission line be removed
from the main portion of the American currant habitat, there is an opportunity to expand that restoration effort and have
locally collected seeds and plant material from the Poudre River grown and rooted at nurseries and replanted at
Springer and the Colorado Department of Transportation (CDOT) property.
Springer has a wide diversity of native plants, which is unusual to find along the urban reaches of the Poudre River.
This plant community was also displaced by the removal of trees and shrubs in Springer and will need to be restored.
Maintaining the local gene pool of this plant community will rank high in restoring this Natural Area.
Two nurseries will be utilized for growing the locally collected material, the Colorado State Forest Service for the
shrubs and trees and another nursery for the herbaceous material such as wildflowers and grasses. Plant collection
will take place during the 2013 growing season by NAD staff and volunteers.
FINANCIAL / ECONOMIC IMPACTS
As required by the Natural Areas and Conserved Lands Easement Policy (2012), the applicant has paid an
administrative fee of $1,500 to cover NAD staff time related to the project. The proposed permanent and temporary
easements have an estimated value of $7,500 and $1,500 respectively. Ecosystem Impact Fees (EIF) for lost
Ecological Goods and Services (EGS) have an estimated value of $2,500. Restoration fees have a projected value
of $18,000 (based on $3,000 per acre). Platte River’s estimated payment of $80,000 is $50,500 above what would
be expected in compensation for the proposed easements, restoration fees and impact fees.
ENVIRONMENTAL IMPACTS
Impacts within the temporary and permanent easement areas will be fully restored and incorporated into a larger
restoration effort within the larger Woodward Campus development. Removing the powerline and the associated
vegetation management allows for the restoration of the site to a more natural riparian forest that creates habitat for
the rare American currant. Mitigation for this project will also include off-site restoration within Springer east of Lemay.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
April 16, 2013 -4- ITEM 15
BOARD / COMMISSION RECOMMENDATION
At its March 13, 2013 meeting, the Land Conservation and Stewardship Board voted unanimously (without reference
to the larger site plan and to other aspects of the Woodward Development) to recommend approval of a permanent
utility easement and a temporary construction easement on Williams and Springer Natural Areas for the installation
and maintenance of an above ground electric transmission line (Attachment 6).
ATTACHMENTS
1. Area Map
2. Property Location Map
3. Project Map with existing and proposed alignments
4. Restoration Area Map
5. Best Options Alignment Map
6. Land Conservation and Stewardship Board recommendation and minutes
LINK-N-GREENS
Area Map
Attachment 1
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.
St.
Buckingham St.
L
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3rd St.
St.
Poudre
1st St.
Riverside Ave.
E. Lincoln Ave.
2nd St.
12th St.
E.
M
a
E. Laurel St.
St
Riverside Ave.
Cowan
St.
Lo
gan Ave.
S
.
L
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ve.
E
Eastdale
Endicott St.
Lesser Dr.
Dr.
River
E. Magnolia St.
St.
L
ilac Ln.
Natural Areas, CDOT and Proposed
Woodward Campus Property Location Map
Fort Collins City Limits CDOT property ±
Fort Collins Natural Areas Proposed Woodward Campus
Williams Natural Area
Springer Natural Area
Mulberry St.
Attachment 2
UDALL NATURAL AREA
SPRINGER NATURAL AREA
SPRINGER NATURAL AREA
WILLIAMS NATURAL AREA
Platte River Power Authority/Woodward Link-N-Greens Realignment on Springer and Williams NAs
Created by City of Fort Collins Natural Areas - 2013
Project Area
Larimer County
# Existing Poles
# Proposed New Poles
Proposed Alignment
PRPA General Easement Area
Existing PRPA Transmission Line
City of Fort Collins Natural Areas
µ 0 125 250 500 Feet
ATTACHMENT 3
SPRINGER NATURAL AREA
WILLIAMS NATURAL AREA
SPRINGER NATURAL AREA
Inset: Project Site Detail
New Pole on Williams NA
Existing 10-20' Pole to to the be west moved
See Inset
Restoration Area Map
Attachment 4
Arapahoe Bend Natural Area
LocaƟon Map
3rd
St.
Poudre
Riverside Ave.
E. Lincoln Ave.
2nd
12th St.
E.
M
E. Laurel St.
Cowan
St.
S
.
L
e
ma
y A
ve.
Eastdale
Endicott St.
Lesser Dr.
Dr.
River
E. Magnolia St.
Proposed Woodward Campus CDOT property
Fort Collins City Limits ExisƟng transmission line
OpƟon 1 (preferred)
OpƟon 1a
Best Alignment Options Map
±
Attachment 5
1
Excerpt/MINUTES
Woodward Development
MINUTES
CITY OF FORT COLLINS-
LAND CONSERVATION & STEWARDSHIP BOARD
Regular Meeting
DATE: Wednesday, March 13, 2013
LOCATION: 215 N. Mason Street, Conference Room 1-A
TIME: 6:00 pm
For Reference: Trudy Haines, Chair 225-2760
Aislinn Kottwirz, Council Liaison 692-9915
Mark Sears, Staff Liaison 416-2096
Board Members Present: Kent Leier, Scott Quayle, Linda Knowlton, Kathryn Grimes, and
Linda Stanley
Board Members Excused: Michelle Grooms, Edward Reifsnyder, Trudy Haines and K-Lynn
Cameron
Staff Present: Mark Sears, John Stokes, Daylan Figgs, Aran Meyer, Tawyna Ernst
Minutes Taken by: Michelle Vattano, Administrative Clerk II, Natural Areas Department
Guests:– Dillon Maxwell, CSU Environmental Economics Student, Ginger Purvis, Utilities
Services, Jason Frisbee, PRPA , Wayne Timura, Next Level Woodward, John Collins, Scott
Rowley, Janet McTague
II. Platte River Power Authority Power Line Easement for Woodward Development
Daylan: This is a request by Platte River for an above ground transmission line easement across
the Williams and Springer Natural Areas. The request is related to the Woodward project that
we discussed last month. Several above ground and below ground alignment alternatives were
considered and a description of each was provided in your memo packet. The alignment being
considered tonight is the preferred option – Option 1.
ATTACHMENT 6
2
Background:
The proposed Woodward Campus is located within the existing Link-N-Greens golf course in
the general area of East Lincoln Avenue and South Lemay Avenue (See Attachment 1). Platte
River owns and maintains an overhead transmission line that crosses Link-N-Greens and follows
the Cache la Poudre River (Poudre River) to the south and east (Attachment 2). As part of the
Woodward Campus development, the transmission line will be moved from its current location
to a north-south alignment parallel to the west side of Lemay Avenue (Lemay). This new
alignment will cross a portion of Williams and Springer Natural Areas and will tie back into the
existing alignment where Lemay crosses the Poudre River.
As part of the proposed alignment, Platte River will install a new power pole near the
intersection of Lemay and Mulberry on Williams. The pole location will be located as far south
as practical of the current intersection in an effort to minimize view-shed impacts at this location.
The new pole will be approximately 110’ to 120’ in height (Attachment 3). In addition, the
existing pole located south of the Poudre River just west of Lemay will be replaced with a larger
pole approximately 110-120 feet in height and moved 10 to 20 feet to the west.
Multiple siting scenarios have been evaluated based on the criteria of cost, schedule and
environmental/public impacts. The project team analyzed six underground and four overhead
scenarios with varying cost and schedule impacts to Woodward (Attachment 4). The primary
concerns with the undergrounding scenarios were higher costs and locating the riser poles
necessary to transition between the overhead and underground cables. Of the four overhead
alternatives, two have potentially viable characteristics that would meet the cost and schedule
requirements for parcel development. Both options have approximately equal cost and schedule
impact to the developer. However, the preferred scenario, “Option 1”, is the alternative
requested within this easement application. (Attachment 3)
Option 1
This option would enable the vacation of a portion of an existing Platte River easement of
approximately 46,000 square feet through Springer and parallel to the Poudre River. The
preferred alignment will also eliminate two existing poles within Springer and a third pole on a
CDOT property parcel recently conveyed to the City east of the Waste Water Treatment Facility.
Eliminating this segment of the Platte River transmission line represents removal of
approximately 700 lineal feet in Springer.
The preferred option will require a new easement of approximately 60 to 100 feet wide and
approximately 650 feet long (approximately two acres) from the southwest corner of Mulberry
and Lemay within Williams and Springer to the vicinity of the existing pole just west of Lemay
where the alignment will tie back into the original alignment. The preferred alignment will add
one pole in Williams, which will be approximately 100 to 125 feet tall and 3 to 5 feet in
circumference at the base depending upon the final distance and angle from the next pole to the
north. Placement on Williams will be approximately 150 feet south of the existing bike trail and
approximately 60 feet west of the sidewalk that parallels south bound Lemay. Final placement of
this pole will be affected by the following factors:
3
Signal light/pole on the Northwest corner of Mulberry and Lemay for the west bound traffic
on Mulberry
Proposed restaurant placement at the Southeast end of the Woodward Property
New bike trail route across Lemay
The existing pole immediately west of Lemay will need to be moved approximately 0 to 20 feet
west from its existing location to be within the new alignment.
Riparian Corridor Restoration
The current alignment of Platte River’s transmission line crosses the Poudre River near the
CDOT property and basically parallels the river on the western bank as it crosses Springer. If the
transmission line is moved to the new alignment as proposed, approximately 1,200 lineal feet of
former transmission line corridor totaling approximately four acres (with approximately 700
lineal feet and two acres within Springer) will be newly available for restoration. The restoration
process will be driven in part by natural succession of the forest and will be supplemented by
tree and shrub plantings as part of a restoration plan being designed by NAD. Restoration of
the site will focus in part on a locally rare species, the American currant. The habitat of the
American currant is the understory of dense cottonwood galleries like those found along the
Poudre River. In addition to the tree and shrub establishment, all areas disturbed during
infrastructure removal will be seeded to native grasses and forbs.
In 2009, the majority of woody and shrub cover was removed under and near the transmission
lines in the project area by Platte River to comply with Federal Energy Regulatory Commission,
North American Energy Reliability Corporation, and Western Electricity Coordinating Council
regulations regarding vegetation height under or adjacent to transmission lines. Platte River base
cleared vegetation distances based on “Industry Best Practice” and has established a maximum
allowable height of vegetation within the easement to be 15 feet. Second, to prevent trees from
falling into the conductor, Platte River follows Industry Best Practices and trims trees at or over
15 feet in height on the edge of the easement at a 45 degree angle away from the power line.
The installation of the transmission line within the new alignment will impact a portion of the
existing riparian forest on Springer (Attachment 2). To comply with applicable regulations,
Platte River will remove all trees underneath or adjacent to the transmission line as described
above. Impacts associated with this new alignment will remove approximately six to ten
cottonwood trees from the site depending on final placement. Platte River and NAD will restore
the site to native vegetation that will not exceed the 15 foot height limit.
Due to the presence of a rare plant on this site and the current efforts underway to increase the
distribution of the American currant, NAD will conduct the majority of the site restoration for
both the new and existing alignments. This will allow NAD to increase the propagation of
American currant within in the project area in partnership with the Colorado State Forest Service
greenhouse and increase the recovery of this rare plant.
Habitat and Rare Plant Recovery
In order for the recovery of the American currant to be successful, it is critical to begin to replace
the canopy of cottonwoods and other woody plants that it requires for its habitat. The Colorado
4
State Forest Service Nursery is currently rooting 50 cuttings of American currant as part of a
recovery plan the City implemented in 2013. Should the transmission line be removed from the
main portion of the American currant habitat, there is an opportunity to expand that restoration
effort and have locally collected seeds and plant material from the Poudre River grown and
rooted at nurseries and replanted at Springer.
Plant collection will take place during the 2013 growing season by NAD staff and volunteers.
FINANCIAL/ECONOMIC IMPACT
As required by the Natural Areas and Conserved Lands Easement Policy (2012), the applicant
has paid an administrative fee of $1,500 to cover NAD staff time related to the project. NAD
will be compensated for the appraised value of the easements and ecological impacts. In
addition, Platte River will vacate approximately 46,000 square feet of existing easement within
Springer. The approximate budget for the restoration efforts is estimated at $80,000, far
exceeding the approximately $2,500 in Ecosystem Impact Fees causes by the project and will
be paid for by Platte River. Mitigation for this project will additionally include off-site
restoration within Springer east of Lemay.
ENVIRONMENTAL IMPACT
Impacts within the temporary and permanent easement areas will be fully restored and
incorporated into a larger restoration effort within vacated portions of the existing easement.
Removing the power line and the associated vegetation management allows for the restoration of
the site to a more natural riparian forest that creates habitat for the rare American currant.
The Natural Area and Conserved Lands Easement Policy (2012) states new overhead cable lines
will not be allowed within any City-owned natural area or conserved land, unless determined to
be beneficial for the City’s property in the specific circumstances. In this case, the benefit to the
City property is based on the removal of approximately 750 feet of transmission line and two
poles within the primary habitat for the American currant. While there will be new impacts to an
additional approximately 250 lineal feet and ½ acre of Poudre River corridor with the proposed
alignment, the net benefit of the larger restoration in the former transmission line corridor and
adjacent restoration area will far exceed the impacts caused by this project. Restoration funds
will be used to not only restore the vacated easement to native vegetation, but to expand ongoing
restoration efforts within this area, utilizing locally collected seeds and plant material from the
Poudre River.
Board Discussion
Linda S: Inquired about the option of taking the line under the river.
Ginger Purvis and Jason Frisbee: The distance between Mulberry and the river and pulling
the line back up, would be difficult. Jason explained how difficult it would be to go under the
river and then back up to the existing power line in the short distance between the river and
current pole location. She explained that a lot of research was done on this issue. That route
would be very expensive, there would have to be riser poles installed, two at the point where the
power line transition from above to below ground and two where the power line would transition
back above ground. Between the river and the trees it can be a difficult process. Jason Frisbee
5
with Platte River Power Authority explained that upgrading the capacity of the lines in the future
would be an additional expense and additional resources. That was an issue they considered
when looking at the future of upgrading the capacity.
Daylan: Benefits of the project are the restoration plan for Springer Natural Area will be
expanded and expedited. Daylan explained that the power lines have always been an issue and
have limited the restoration potential of the site. This project will expand the restoration
potential. Springer is also a location for a rare plant, the American currant. Restoration plans
will focus on this and other species unique to this area; rare plant restoration plan is one of the
benefits for this project. The restoration will also be north of Mulberry where there is an equal
amount of area for us to restore. Platte River is going to pay for this; currently estimated at
$80,000 for the project. That amount will cover both the existing line and the impact of new line
installation. This is a great opportunity for NA to restore this area and remove the power line
closer to Lemay and reduce the impact to the natural area. Daylan demonstrated, with photo
slides, what poles would be removed and what area would be affected by the restoration. There
was some discussion about reusing the existing power poles. Many of the poles will be salvaged
and recycled. Cottonwood trees will be planted directly where the current poles will be taken
out. The current poles will be cut, near the concrete foundation, approximately 4 feet below
ground surface. The foundation will come out and be backfilled with native fill.
John: He indicated that the restoration of the Woodward project would be dedicated to the city.
The Natural Areas Department will own the property and manage it. Woodward would do the
rough grading and then turn it over to us. The Natural Areas Department would rebuild the trail
and install irrigation. Cost for that would be approximately $3 million dollars. That cost
breakdown is part of the business assistant packet that will go to council on Monday morning.
Daylan brought some photo simulations of what the new power line will look like at the
completion of project.
Scott: Concerns about cottonwoods being removed and whether or not there were any raptor
nests there.
Daylan: No raptor nests that we are aware of are there and surveys would be completed prior to
construction and adjustments to the schedule would be made if necessary.
Kathryn: Residential feedback from the community, about the project should be considered.
Daylan is hosting an Open House on April 3, 2013, in partnership with Platte River and Utilities,
to discuss the realignment from Lincoln through this property and the easements. The board
thought the ecological impact would be a good point to emphasize during the Open House.
Linda K: Concerned about neighborhood impacts.
Ginger: Bruce Hendee has had several conversations with the community and so far there
weren’t any major concerns. The Colorado Department of Transportation CDOT will have to
look at the neighborhood community as well. On the east side of Lemay are Home Depot and
Wal-Mart so there’s not a lot of residential neighborhood in that area.
Linda S: From strictly a natural areas point of view, this is a good thing.
6
Wayne Timura, Woodward Development Team:
Wayne discussed the need to move the power line and the 30 acres that is going to be dedicated
to the city, in order to accomplish what Woodward’s long term needs are. Relocating a power
line along Lemay would be difficult to accomplish. The Woodward Development Team has
worked extensively with city staff and various entities, including the Natural Areas Department,
to understand how this area can be restored to a river restoration type of development versus
what’s there now; which is the golf course, lots of fertilizer and lots of water usage. The plan is
that the property will be in the downtown development district and will generate significant
incremental taxes. That tax will be able to fund a number of public improvements.
Linda Stanley made the motion that the LCSB, without reference to the larger site plan
and to other aspects of the Woodward Development, recommend that the City Council
approve a permanent utility easement and a temporary construction easement on
Springer and Williams Natural Areas for the installation and maintenance of an above
ground electric transmission line.
Scott Quayle seconded the motion
Vote: Motion approved unanimously
ORDINANCE NO. 063, 2013
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF A NON-EXCLUSIVE
UTILITY EASEMENT ON SPRINGER AND WILLIAMS NATURAL AREAS
TO PLATTE RIVER POWER AUTHORITY
WHEREAS, the City is the owner of certain real property located in the City of Fort Collins,
Larimer County, Colorado, known as Springer Natural Area and Williams Natural Area (the “City
Property”); and
WHEREAS, Woodward, Inc. (“Woodward”) is proposing a development (the “Project”) on
the former Link-N-Greens golf course property, adjacent to the City Property (the “Woodward
Property”); and
WHEREAS, as part of its Project, Woodward is working with Platte River Power Authority
(Platte River) to reroute an overhead electric transmission line that currently crosses both the
Woodward Property and the City Property; and
WHEREAS, the portion of the Platte River transmission line that is on the City Property is
located in an easement that Platte River obtained in 1982 from a previous owner of the City
Property; and
WHEREAS, Platte River is requesting a new easement 60 to 100 feet wide and
approximately 550 feet in length across the City Property for the relocation, installation and
maintenance of the transmission line; and
WHEREAS, the proposed easement would be in the approximate location shown on Exhibit
“A”, attached and incorporated herein by reference (the “Easement”); and
WHEREAS, Platte River is also requesting a temporary construction easement on the City
Property (the “TCE”); and
WHEREAS, the exact location of the relocated transmission line has not yet been
determined, but Platte River would prepare a precise legal description for the Easement and the TCE
before the City executes the documents conveying the Easement and TCE; and
WHEREAS, the City will not convey the Easement and TCE if Woodward does not proceed
with its proposed project; and
WHEREAS, if Platte River does relocate its transmission line, it has agreed to vacate a
portion of its 1982 easement on the City property upon completion of the relocation; and
WHEREAS, PRPA has paid an administrative fee of $1500 to cover City staff time related
to the processing of the Easement, and would also pay approximately $80,000 in compensation for
the Easement and TCE, restoration fees, and Ecosystem Impact Fees, as required by the Natural
Areas and Conserved Lands Easement Policy; 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.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the City Council hereby finds that the conveyance of the Easement and
TCE on the City Property to Platte River as provided herein is 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 Easement and TCE to Platte River 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 or effectuate the purposes of this Ordinance, 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 16th day of
April, A.D. 2013, and to be presented for final passage on the 7th day of May, A.D. 2013.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Passed and adopted on final reading on the 7th day of May, A.D. 2013.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Proposed Platte River Easement Area
Created by City of Fort Collins Natural Areas - 2013
Project Area
Larimer County
# Existing Poles
# Proposed New Poles
Proposed Alignment
Parcel Boundaries
PRPA General Easement Area
Existing PRPA Transmission Line
City of Fort Collins Natural Areas
µ 0 125 250 500 Feet
New Pole on Williams NA
Existing 10-20' Pole to to the be west moved
NASTPURRIANLGER AREA
NASTPURRIANLGER AREA
NASTPURRIANLGER AREA
NATWUILRLAIALMS AREA
EXHIBIT A
Proposed EasementRiver Platte Area