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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 09/18/2001 - FIRST READING OF ORDINANCE NO. 149, 2001, AUTHORIZ AGENDA ITEM SUMMARY ITEM NUMBER: 25 FORT COLLINS CITY COUNCIL DATE: September 18, 2001 STAFF: Mark Sears SUBJECT: First Reading of Ordinance No. 149, 2001, Authorizing the Conveyance of Non-exclusive Easement Interests for the Construction of a Thirty-six Inch Water Line by the Fort Collins- Loveland Water District on a Portion of the Cathy Fromme Prairie Natural Area. RECOMMENDATION: Staff recommends adoption of the Ordinance on First Reading. The Natural Resources Advisory Board recommends that this easement not be approved. (See attached NRAB recommendation.) This easement request meets the new Natural Areas Easement Policy, with one exception; staff is recommending that the application fee be waived. Negotiations with the District on this easement predate discussion of the policy and therefore the application fee was never part of the negotiations. FINANCIAL IMPACT: The Fort Collins-Loveland Water District will be responsible for all costs associated with the construction of the water pipeline and restoration of disturbed areas. The District has agreed to pay fair market value as compensation for the temporary construction easements and the permanent easements. This value will be determined prior to second reading. Staff recommends 110 waiving the application fee. EXECUTIVE SUMMARY: On August 21, 2001Council denied Fort Collins-Loveland Water District's (the_ "District") request for easements to construct a 36" waterline. The District proposed to construct the waterline across Cathy Fromme Prairie, east of Taft Hill Road, between Harmony Road and Trilby Road. Since then staff has worked with the District to move the waterline closer to Taft Hill Road into an area that will be disturbed in the future when the road is widened. The original proposal had the waterline located 175' east of the centerline of Taft Hill Road for the entire 2- mile length. The revised proposal locates the waterline 160' east of centerline for the first 1 1/4 miles and then 80' east of centerline for the last 3/4 mile. The proposed alignment will lessen the impact to Cathy Fromme Prairie, meet the needs of the District and allow for the future reconstruction of Taft Hill Road. This easement has been placed in a location that basically will be disturbed when the roadway is reconstructed, thus minimizing the impact on the natural area. A copy of the temporary and permanent easement forms that the District has agreed to sign are on file in the City Clerk's Office. i CKGROUND: The Fort Collins-Loveland Water District is a political subdivision of the State of Colorado. formed to provide water service to urban areas in south Fort Collins, north Loveland and areas of DATE: September 18, 2001 2 ITEM NUMBER: 25 unincorporated Larimer County between the two cities. The District obtains its water from Horsetooth Reservoir, treats the water at its Soldier Canyon Treatment Plant, and transports it to its service area via a series of pipelines. The District completed a master plan for its future facilities in 1986. Among the future facilities identified in this plan was a 36-inch water pipeline to be located along Taft Hill Road in southern Fort Collins. The 36-inch water pipeline would connect to an existing 24-inch supply line at Taft Hill Road and Trilby Road. The pipeline is needed to supply water to existing and projected growth within the District's existing Service Area. Future plans are also to construct a 16" waterline to the south to connect to the City of Loveland water supply. The District recently completed the construction of the first phase of the waterline project, located on the east side of Taft Hill Road between Horsetooth Road and old Harmony Road. The District plans to complete the second phase of the pipeline during Fall and Winter of 2001 in order to meet anticipated water demands. The second phase of the project would extend from old Harmony Road south for two miles to Trilby Road, where it would connect to the existing pipeline. The District has requested a 100-foot wide temporary construction easement and a 30- foot wide permanent easement for the construction, operation, and maintenance of the water pipeline. The City of Fort Collins, in cooperation with Larimer County, purchased the parcels of land now known as the Cathy Fromme Prairie Natural Area between 1993 and 1997, along with adjacent property affected by the proposed easements. A diagram showing the properties impacted and the new proposed alignment of the water line is attached to this agenda item. The City owns the Cathy Fromme Prairie Natural Area property located on both sides of Taft Hill Road for the first mile of the proposed water line alignment. Cathy Fromme Prairie property owned by the City also extends an additional 0.25 miles to the south on the east side of Taft Hill. Under an approved intergovernmental agreement between the City and the County, which is in the process of being finalized, the City will be obligated to convey to the County an undivided 11.54 percent interest in this parcel. South of this point, the County owns the next 0.25-miles of land along along the eastern side of the Taft Hill, and the County also has the option to purchase the land for the next 0.25 miles in 2002. Under existing intergovernmental agreements between the County and the City, the County is obligated to convey to the City an undivided 25% interest in those parcels. Finally, the City has reached agreement with the owners of the remaining 0.25-miles along the south end of the water line corridor to Trilby Road, and the City is in the process of purchasing that property. Staff anticipates closing on the purchase of this 40-acre parcel this Fall. Staff is requesting that the Council consent to the easements agreements on all the properties the City owns or expects to own an interest in, in order to facilitate completion of all of the easements needed for the water line. Latimer County owns the landfill property west of Taft Hill Road along the second mile of the route. Staff from several City departments have worked closely with the District to revise the recommended location for the pipeline alignment, considering environmental conditions along the alignment, the needs of the district for pipeline construction and operation, and the future widening of Taft Hill Road from two lane to four lane, as called for in the City's adopted Master Street Plan. Three alternatives were considered for the pipeline location: in Taft Hill Road itself, west of Taft Hill Road, or east of Taft Hill Road. From a natural areas protection perspective, the most desirable location for the water pipeline would be within Taft Hill Road itself. The District desires not to place the pipeline under the existing Taft Hill Road for several reasons. First, construction within Taft Hill Road would DATE: September 18, 2001 3 ITEM NUMBER: 25 require complete closure of the road for a period of two to three months. Second, placement in the road now may require relocation of portions of the waterline in the future when Taft Hill Road is widened and reconstructed, which would interrupt water service for a prolonged period of several months and would greatly increase the cost of the pipeline. Third, compared to the proposed location, placement of the pipeline in the road would cost much more due to the reconstruction of the roadway. And fourth, given the volume of water to be carried in the pipeline, the District has serious concerns about public safety in the event of a future leak in the pipeline if it was buried in the road. Natural Resources staff evaluated the alternatives of placing the pipeline on either side of Taft Hill Road. Because there are extensive wetlands on the west side of the road, staff recommended that both the future widening of Taft Hill Road and the pipeline location occur entirely on the east side of the road, from old Harmony Road south to approximately the entrance to the Larimer County Landfill. From this point south to Trilby Road, the future road widening would occur on both sides of the road (as is normally done) and the pipeline would be placed east of the road. The City's adopted Master Street Plan calls for the widening of Taft Hill Road south of Harmony Road from its current two-lane configuration to a four-lane arterial. Although construction is many years away, staff developed a conceptual plan for the project to facilitate decision making regarding the water pipeline location. Key elements of the design include: • Performing all of the road widening on the east side of the existing road, rather than on both sides of the road from old Harmony Road south to the Landfill entrance. • Using a rural arterial road cross-section rather than the standard arterial cross-section in order to reduce the area of disturbance (a 72-foot cross section rather than a 145-foot cross section). • Varying the finished slopes adjacent to the road so they appear more natural and blend into the environment of the Cathy Fromme Prairie. • Locating the pipeline easement near the toe of the future slope of the road embankment so that the pipeline does not need to be moved when the road is built and that the easement area is not re-disturbed by road construction. These considerations led to the proposed location of the pipeline east of the existing centerline of Taft Hill Road. This means that, until Taft Hill Road is widened, the pipeline will be located within the current Cathy Fromme Prairie rather than immediately adjacent to the road. Ultimately, however, this arrangement should produce less impact to the prairie and result in a more natural-appearing landscape. In addition to the design considerations for locating the pipeline, Natural Resources staff has developed additional provisions that are included in the easement and on the plans for resource protection during construction and for restoration of the property following construction. Some of the more significant measures include the following: • Ecological characterization study to determine if plant or wildlife species of concern are present. Construction is then scheduled to avoid or minimize the impact on the species found and sensitive plants are removed for transplanting following construction. • A specific access plan and use of construction fencing to limit construction activity to the easements • Erosion control. DATE: September 18, 2001 q ITEM NUMBER: 25 • Maintain good communication with Natural Resources representative prior to, during, and following construction to assure that the resource protection measures are being implemented correctly. • Segregation of topsoil from disturbed areas. • Replace topsoil and reseed the disturbed areas per Natural Resources specifications. • Payment of fees for the City to take over the ongoing management of the revegetation. • Natural Resources must accept the restoration before the District relieves the Contractor of responsibility. With the resource protection measures in place, staff recommends approval of the proposed easements. Construction of the new water line will impact the Cathy Fromme Prairie Natural Area. However, the pipeline is an essential public facility that has been anticipated for 15 years. The District has worked with City staff to locate the pipeline appropriately and to implement the appropriate resource protection measures. ORDINANCE NO. 149, 2001 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF NON-EXCLUSIVE EASEMENT INTERESTS FOR THE CONSTRUCTION OF A THIRTY-SIX INCH WATER LINE BY THE FORT COLLINS—LOVELAND WATER DISTRICT ON A PORTION OF THE CATHY FROMME PRAIRIE NATURAL AREA WHEREAS, the City of Fort Collins owns or has a contractual interest in certain parcels of real property located in Larimer County, Colorado, known as the Cathy Fromme Prairie Natural Area(the "Natural Area"); and WHEREAS,the Fort Collins-Loveland Water District(the"District")has planned since 1984 to install a 36-inch water pipeline adjacent to South Taft Hill Road to provide adequate water service to customers located throughout its service area; and WHEREAS,in order to install the water pipeline,the District has requested a non-exclusive 100-foot wide temporary construction easement over portions of the Natural Area, and adjacent properties in which the City has a contractual interest, as described in Exhibits"Parcel I T","Parcel 2T","Parcel 3T","Parcel 47,"Parcel 5T",and"Parcel 6T",attachedhereto and incorporated herein by this reference (the "Temporary Construction Easements"); and WHEREAS, the District has further requested a non-exclusive 30-foot wide permanent easement over portions of the Natural Area and adjacent properties in which the City has a contractual interest, as described in Exhibits "Parcel 1P", "Parcel 2P", "Parcel 3P", "Parcel 4P", "Parcel 5P", and "Parcel 6P", attached hereto and incorporated herein by this reference (the "Permanent Easements"),in order to provide for ongoing operation, maintenance and access to the water pipeline, in perpetuity; and WHEREAS, on August 21, 2001, the City Council had previously considered and voted against approval on first reading of Ordinance No. 135, 2001, which would have authorized the subject easements; and WHEREAS, based on the concerns identified by the City Council during consideration of the proposed easements on August 21, City staff has worked with the District to modify the alignment of the proposed water pipeline to follow the general contour of the toe of the slope as planned for the future widening of Taft Hill Road and to minimize disturbance to the Natural Area; and WHEREAS, City staff has negotiated with the District a form of Temporary Construction Easement Agreement,dated September 14,2001,which is on file in the office of the City Clerk and available for public inspection(the"Temporary Easement Agreement'),and which includes specific conditions governing the timing and extent of construction activities, and site reclamation requirements; and WHEREAS, City staff has negotiated with the District a form of Permanent Easement Agreement, dated September 14,2001,which is on file in the office of the City Clerk and available for public inspection (the "Permanent Easement Agreement"), and which includes specific conditions governing the operation, maintenance, and repair of the proposed water line; and WHEREAS, in exchange for the grant of the Temporary Construction Easement and Permanent Easement,the District has agreed to pay to the City fifty percent of the fair market value of the Easements, in an amount to be determined prior to second reading hereof; and WHEREAS,the District has agreed to regrade and reseed the areas impacted by construction in accordance with City specifications and to pay to the City its costs for long-term revegetation management of impacted areas, which have been determined to be $2,450 per acre; and WHEREAS,staff recommends approval of the Temporary Construction Easements and the Permanent Easements in view of the public needs to be served by the District's project, and the resource protection measures to which the District has agreed; and WHEREAS, Section 23-111 of the City Code provides that the City Council is authorized to sell, convey, or otherwise dispose of real property owned by the City, provided the Council first finds by ordinance that any sale or other disposition of real property owned by the City is in the best interest of the City of Fort Collins. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the conveyance of the Temporary Construction Easements and the Permanent Easements,upon the terms and conditions described above, is in the best interest of the City of Fort Collins. Section 2. That the Mayor is hereby authorized to execute such easement agreements and to consent to such third-party easement agreements as are consistent with this Ordinance and with the Temporary Easement Agreement and the Permanent Easement Agreement, including such additional 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, as are necessary to convey the Temporary Construction Easements and Permanent Easements, as described above, to the District. Introduced, considered favorably on first reading, and ordered published this 18th day of September,A.D.2001, and to be presented for final passage on the 2nd day of October,A.D. 2001. Mayor ATTEST: City Clerk Passed and adopted on final reading this 2nd day of October, A.D. 2001. Mayor ATTEST: City Clerk xC e l Sq' R Ito IT VICINITY MAP