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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 11/06/2012 - FIRST READING OF ORDINANCE NO. 129, 2012, AUTHORIZDATE: November 6, 2012 STAFF: Jason Graham Ron Russell, Lindsay Kuntz AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 24 SUBJECT First Reading of Ordinance No. 129, 2012, Authorizing the Conveyance of a Non-Exclusive Utility Easement on City Property to the Nunn Telephone Company. EXECUTIVE SUMMARY Nunn Telephone Company (NTC) currently provides telephone and internet services to portions of northwest Weld County and northeast Larimer County. With an increase in demand from their customers for broadband services, NTC has begun upgrading copper based telephone lines to fiber optic broadband lines. NTC has requested a utility easement from the City of Fort Collins across a portion of Meadow Springs Ranch in order to install approximately 7.0 miles of fiber optic line as part of this upgrade project. The proposed easement alignment would follow an abandoned state highway now used by the City as an access road to the City’s property. BACKGROUND / DISCUSSION Meadow Springs Ranch (MSR) is owned by the City of Fort Collins and is managed by the Water Reclamation and Biosolids (WR&B) Division as a site for land application of biosolids. NTC has requested an easement for placing fiber optic cable across approximately 7.0 miles of MSR. The easement route will primarily be located 15 feet east of the centerline of abandoned Highway 87, following the shoulder of the road. The highway was abandoned by the Colorado Department of Transportation after I-25 was completed and has since been used by the City as an access road across MSR. The asphalt surface of the old highway has since deteriorated and some portions are now gravel. NTC has determined that it is unable to use its old original easements along I-25 for the new upgraded cables due to new rules regarding the separation of cables from the roadway. It was determined by the Colorado Department of Transportation that the right-of-way of I-25 was not wide enough to accommodate the new lines and comply with the new rules. NTC has also been in negotiations with property owners adjacent to I-25; however, their negotiations have been unsuccessful as the owners do not want to allow the fiber optic cable on their property. NTC feels it has exhausted all other reasonable alternatives to the proposed route. NTC is the only wireline telecommunications service provider for the customers along this route. According to NTC, other telecommunication service providers in the area include wireless carriers (AT&T and Verizon) and long-haul transport providers. The long-haul transport providers have cable that passes through the area, but do not provide service to the local homes and businesses. Installation of the fiber optic cable will involve a system of cutting narrow slots along the alignment, laying a section of cable in the slot and then replacing and compacting the soil to its previous state. There are three gullies where the cable route will deviate from the road shoulder. At one of these gullies the cable will be buried beneath the road surface. At the other two gullies, the cable route will leave the road shoulder to cross the gulley and rejoin the road on the gully’s other side. The easement alignment will also have two spurs to access neighboring properties. One spur will follow an existing ranch road and the other will cross a pasture in an area where other easements already exist. NTC will restore the areas disturbed after its work is complete. After reviewing NTC’s easement proposal and visiting a site where NTC recently installed cable, WR&B believes the easement would cause minimal lasting disturbance. City staff provided NTC with a list of terms for approval of the proposed easement which have been reviewed and accepted by NTC. FINANCIAL / ECONOMIC IMPACTS Real Estate Services reviewed value information for Meadows Springs Ranch to prepare a compensation value estimate for the requested easement. Along with the value of the easement, NTC will be required to compensate the City for staff time for processing the easement, as well as, a WR&B fee. The estimated total compensation is $6,000, November 6, 2012 -2- ITEM 24 but the final compensation will be calculated prior to transfer of the easement deed, with any additional costs after the transfer of the deed being paid by NTC within 30 days. In addition, NTC will be required to restore the affected areas including fences, gates, road surfaces, and drainage. NTC has also agreed to provide the City with a connection for internet services for the headquarters building at MSR. ENVIRONMENTAL IMPACTS Utilities staff has reviewed the easement proposal from Nunn Telephone Company and found the easement will cause minimal environmental disturbance. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BOARD / COMMISSION RECOMMENDATION On October 18, 2012, the Water Board voted unanimously to recommend that City Council authorize the conveyance of a utility easement on the City property to Nunn Telephone Company ATTACHMENTS 1. Location Map 2 Easement Alignment Photos 3 Gully and Spur Location Photos 4 NTC Easement Proposal 5 NTC Easement Terms 6 Excerpt of Minutes from October 18, 2012 Water Board Meeting Attachment 2 Page 1 of 2 Photos of Abandoned Highway 87 Photo 1. Highway 87 at gate to Meadow Springs Ranch. Location is approximately 0.6 miles north of Larimer County Road 92. Photo 2. Highway 87 approximately 3.8 miles north of Larimer County Road 92. Attachment 2 Page 2 of 2 Photo 3. Highway 87 approximately 5.4 miles north of Larimer County Road 92. Photo 4. Highway 87 at north entrance to Meadow Springs Ranch, approximately 6.3 miles north of Larimer County Road 92. Attachment 3 Page 1 of 3 Photos Where Easement Will Leave Road Shoulder to Cross Gullies Photo 1. Approximately 1.9 miles north of Larimer County Road 92, the cable will be placed beneath the road in order to cross this gulley. Photo 2. Approximately 2.5 miles north of Larimer County Road 92, the easement will leave the road shoulder to cross this bridged gulley. Attachment 3 Page 2 of 3 Photo 3. Approximately 4.9 miles north of Larimer County Road 92, the easement will leave the road shoulder to cross a second bridged gulley. Photos of Easement Spurs Photo 1. A 0.3 mile spur of the easement will follow this road to a dwelling located on property neighboring Meadow Springs Ranch. Attachment 3 Page 3 of 3 Photo 2. A 0.2 mile spur of the easement will be routed near other easements that cross the pasture to I-25 seen in the distance. Attachment 4 Page 1 of 2 Proposal of Nunn Telephone Company to The City of Fort Collins For a Telecommunications Easement Nunn Telephone Company provides telephone and internet services to approximately 600 subscribers in northwest Weld County and a small portion of northeast Larimer County. As part of the modernization of Nunn’s telecommunications facilities, the company has been actively upgrading from copper based telephone lines to fiber optic broadband lines. The demand for broadband access to homes, businesses and government buildings has caused Nunn Telephone Company to seek out new and robust connections to neighboring companies and networks, and to provide connectivity to all homes and businesses in its service territory. Nunn Telephone Company proposes the construction of buried fiber optic cable across property belonging to the City of Fort Collins, along the route once occupied by Highway 87 from Larimer County Road 92 to the state line. Two spurs from this route will enable Nunn Telephone to reach customers in the area. As the roadbed is still usable, though rough in many areas, Nunn proposes to place the cable at the edge of the established roadway. This area was previously disturbed by the construction of the old highway and offers a route that will have a negligible impact on the appearance and uses of the surrounding lands. The construction process involves the use of a Caterpillar D9, similar to a bulldozer. The “Cat” is fitted with a steel blade, approximately 2” in width and 10 feet long. This blade is pulled into the ground, creating a narrow slot four feet deep. As the machine moves along, a plastic duct, or pipe, is placed at the bottom of the slot. The slot collapses in on itself as the machine moves forward, and smaller machines follow the cat to compact the soils back to the original state. While the plow slot is only a few inches wide, the entire process disturbs surface plants in an area the width of the Cat, about 10 ft. wide. At widely spaced intervals, typically a mile apart, a hand hole is placed along the route to enable access to the duct. Hand holes are 2 ft x 3 ft in size, and 3 ft. from top to bottom. Normally the hand hole is buried so that only the top is visible. Once the duct and hand holes are in place, fiber optic cable is pulled into the duct and spliced together. The disturbed soils are reseeded to encourage a quick recovery along the route. Once the fiber is placed in the buried duct, the need for access and maintenance is very limited. In the unlikely event that the cable is cut or damaged, the repair would involve unearthing the cable, making the repair, and restoring the site. Nunn is specifically requesting a corridor 10 ft. wide, located 15 ft. east of the centerline of the existing roadbed. Although the duct containing the cable is only 2” wide, a 10 ft. corridor is requested to allow for access by vehicle in case it is necessary to access the cable. There are two existing bridges along this route, and in these cases Nunn Telephone Company proposes to go around the bridge, placing the cable in the ground across the gullies. Attachment 4 Page 2 of 2 Nunn Telephone Company’s objectives are to provide connections to several customers with homes or businesses along I-25, and to reach other networks at the stateline. The existing customers are currently served with old technology using copper telephone cable. Nunn originally proposed updates to the original easements, placing the new fiber along the same route. Several properties have changed hands over the years since the original cables were placed, and new rules affecting the use of the Interstate highway right-of-way have been imposed by the Colorado Department of Transportation. Nunn Telephone Company has spent more than a year working with the small handful of property owners adjacent to the interstate, and has found that the private property owners do not want to allow the fiber optic cable on their property. CDOT has indicated that current rules prohibit new placement of cables due to new requirements for separations of cables from the roadway. Nunn Telephone Company has exhausted all other reasonable alternatives to the proposed route. Nunn Telephone Company is obligated by the Colorado Public Utilities Service and the Federal Communications Commission to serve all homes, businesses and government facilities located within Nunn’s exchange boundary. Nunn Telephone Company is the only wireline telecommunications service provider for the customers along this route. Other telecommunication service providers in the area include wireless carriers (AT&T and Verizon) and long-haul transport providers. The long-haul transport providers have cable that pass through the area, but do not provide service to the local homes and businesses. Nunn Telephone Company is not aware of any other wireline telecommunication service providers that have plans to serve this area. Attachment 5: Page 1 of 2 Conditions for City of Fort Collins Approval of Nunn Telephone Company Easement Proposed at Meadow Springs Ranch Meadow Springs Ranch (MSR) is owned by the City of Fort Collins and is managed by the Water Reclamation and Biosolids (WR&B) Division. Nunn Telephone Company (NTC) must accept the conditions listed below in order to receive WR&B Division approval of the proposed fiber-optic cable (cable) easement on MSR. Additional conditions may be added as the easement proposal goes through the City’s review process and ultimately is approved or denied by City Council.  NTC will supply WR&B Division with a detailed written description of how the cable will be installed in the easement. The description will include type of equipment to be used, depth of cable placement, and expected width of the disturbed area. If possible, NTC will refer WR&B Division staff to a site where NTC has recently installed cable so that the expected amount of disturbance can be directly observed by WR&B Division staff.  NTC and its contractors must minimize impact on the affected land by managing their activity to limited area and visibility of disturbed land. Activity will be restricted to designated areas.  The easement will follow the old highway that runs from County Road 92 to the northeast entrance of MSR (easement route is red on attached map). When possible, the cable will be placed along the road shoulder. NTC must minimize damage to intact asphalt portions of the road. There are at least four relatively short portions of the easement where the cable route will not be able to follow the road shoulder. One is a draw that the road crosses via a culverted berm. At this draw, the best placement for the cable is the middle of the road. There are two other bridged draws for which the cable will need to be routed off the road, down into the draw, and then back to the road. At the northern end of the requested easement, the cable route will leave the road and go east across pasture for a short distance to I-25. Other easements cross the pasture in this area. The NTC easement will be routed near the existing easements in the pasture.  NTC must restore affected areas, including fences, gates, road surface and drainage, to a condition that is equal or better than the condition prior to disturbance caused by NTC activity. Appropriate measures for restoration of disturbed vegetation will be determined by consultation with the city Natural Areas Department.  NTC must minimize interference with City and grazing association operations at MSR.  NTC must provide the WR&B Division with adequate advance notification for all work performed on the easement including post-installation maintenance and inspection.  NTC will be responsible for satisfactory restoration of any damage caused by post- installation maintenance and inspection of the installed cable.  NTC must provide detailed documentation that the requested easement on MSR is the only reasonable alternative for routing the cable. Attachment 5: Page 2 of 2  NTC must document a need for their service in the area accessed by the cable. Is there reasonable potential there will be customers to use the service? Are there other telecommunication service providers who already operate in the area or plan to in the future?  WR&B Division will require cash compensation of $3700.00 for the value of the easement land. NTC must also pay the administrative costs associated with processing and managing the easement. The administrative costs will be from several City departments who will be involved with processing the easement proposal. At a minimum, the departments involved will include WR&B, Natural Areas, Real Estate Services, and City Attorney’s Office. Fees assessed for costs associated with processing the easement request and approval process, overseeing construction activities, and managing the easement following construction will be based on estimated actual costs of the service provided. NTC must provide WR&B Division with full payment for the easement and administrative costs prior to transfer of the easement deed. If additional administrative costs occur after transfer of the deed, NTC will pay those costs within 30 days of being notified.  NTC will be responsible for damages not acceptably reclaimed as determined by acceptable appraisal techniques.  Granting an easement conveys a property right and must be approved by City Council. Water Board will review the easement proposal and provide City Council with a recommendation regarding approval. WR&B and Real Estate Services staff will work with NTC during the application process. City staff will make a recommendation to Water Board and City Council regarding approval of the easement proposal. Attachment 6: Excerpt from Unapproved Water Board Minutes, October 18, 2012 Page 1 of 2 Nunn Telephone Company Request for Fiber-Optic Cable Easement on Meadow Springs Ranch (Attachments available upon request). Technical Services Supervisor Ron Russell introduced the item and introduced Water Reclamation and Biosolids Manager Jason Graham and Real Estate Specialist Lindsay Kuntz. Meadow Springs Ranch is managed by the Water Reclamation and Biosolids Division (WR&B) as a site for biosolids application. Biosolids are the treated residuals from the wastewater treatment process. These are applied to the ranch as fertilizer. The ranch is also a site for several research projects. WR&B works closely with Natural Areas on conservation issues. Mr. Russell presented a map showing the location of Meadow Springs Ranch. The ranch is located north of Fort Collins. Proposed Easement Nunn Telephone Company is upgrading their copper system to fiber optic cable to offer broadband service to their customers. Since other cable routes were denied, they request an easement on Meadow Springs Ranch. The easement will align with abandoned Highway 87, and will be approximately 7 miles by 10 feet wide. There will be a 15 feet offset from the center of Highway 87. Mr. Russell presented a map showing the proposed easement. Installation Process Mr. Russell described the installation process. This includes a caterpillar-pulled implement that will create a slot 2 inches wide by 4 feet deep. The cable duct is placed as a slot is created. The slot closes behind the implement as the caterpillar moves forward. More equipment will follow to compact the disturbed soil. Surface Disturbance Mr. Russell described the surface disturbance with the project. The vegetation will be distributed the width of the caterpillar. Access vaults will be placed at 1 mile intervals. Seeding is not expected to be necessary. Natural Areas recommended the vegetation naturally reseed the disturbed area. A seed mix is not recommended because there would be variations with the existing vegetation. Conclusion  The easement route is on previously disturbed land.  The easement will not interfere with City activities at Meadow Springs Ranch.  The disturbed vegetation will recover in time. Highlights from the discussion:  A board member asked if abandoned Highway 87 is used by Meadow Springs Ranch. Yes, it is used as a ranch road.  A board member asked if any landowners have issues with the proposed easement. Mr. Russell stated he is not aware of any issues. The easement will not affect many homeowners. Attachment 6: Excerpt from Unapproved Water Board Minutes, October 18, 2012 Page 2 of 2  A board member asked if there will be any opportunities for restoration of the old asphalt. Staff has asked that Nunn Telephone Company not disturb the asphalt that is in good condition. The board member expressed concern about old asphalt in a natural area. This is not a concern since there is a 15 foot offset.  A board member asked if the 10 foot easement width is both a construction and a permanent easement. Yes, it is for both.  A board member asked about easement pop-outs at the vaults. The vaults will be within the 10 foot easement.  A board member asked about the seeding. If it does not take, who pays for the new seeding? Utilities will have to work with Natural Areas. Also, as part of the agreement with Nunn Telephone Company, there are terms for reseeding. Discussion on the motion: There was no discussion on the motion. Vote on the motion: It passed unanimously. Board Member Eccleston moved the Water Board recommend that City Council consider approval of an ordinance authorizing conveyance of the proposed Nunn Telephone Company easement. Board Member Garner seconded the motion. ORDINANCE NO. 129, 2012 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF A NON-EXCLUSIVE UTILITY EASEMENT ON CITY PROPERTY TO THE NUNN TELEPHONE COMPANY WHEREAS, the City is the owner of real property located in Larimer County and Weld County, Colorado, known as Meadow Springs Ranch (the “City Property”); and WHEREAS, the City Property is managed by the City’s Water Reclamation and Biosolids Division as a site for land application of biosolids; and WHEREAS, Nunn Telephone Company (NTC) is requesting a ten foot wide utility easement across the City Property for the installation and maintenance of new telecommunication improvements that will serve their customers in portions of northeast Larimer County and northwest Weld County; and WHEREAS, the proposed easement will follow the shoulder of an existing access road on the City Property with the exception of two spurs leading to nearby customers, as shown on Exhibit “A”, attached and incorporated herein by reference (the “Easement”); and WHEREAS, NTC has agreed to pay the City $6,000 as compensation for the Easement and for City staff’s time to process this request; and WHEREAS, City Utilities staff has not identified any negative impacts to the City Property resulting from the grant of the Easement and related work; and WHEREAS, the Water Board voted unanimously to recommend approval of the Easement conveyance at its regular meeting on October 18, 2012; 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 interest of the City and, with respect to real property that is 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. 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 on the City Property to NTC as provided herein is in the best interest of the City, will not impair the City's wastewater utility system, 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 Easement to NTC 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, including, but not limited to, any necessary corrections 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 6th day of November, A.D. 2012, and to be presented for final passage on the 20th day of November, A.D. 2012. _________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on the 20th day of November, A.D. 2012. _________________________________ Mayor ATTEST: _____________________________ City Clerk Pg. 1 EXHIBIT “A” Telecommunications Easement from City of Fort Collins to Nunn Telephone Company This Exhibit A describes three parcels of land included as part of this easement PARCEL “A” A parcel of land, five feet either side of a line generally running parallel to and 15 ft. east of the centerline of a private road extending northward from Larimer County Road 92 to the Colorado-Wyoming state line, situated in T11N R68W, T11N R67W and T12N R67W and more particularly described as follows: (NOTE: APPROXIMATE DISTANCES/BEARINGS SUBJECT TO FIELD VERIFICATION AND DOCUMENTATION BY A LICENSED SURVEYOR) BEGINNING at the southeast corner of Section 13, T11N, R68W, thence west 1,793 ft. along the south line of said Section 13, thence due north 30 feet to a point located on the north right-of-way line of Larimer County Road 92 and approximately 52 ft. east of the centerline of an existing private road, said point being the TRUE POINT OF BEGINNING; Thence N63⁰10’W 35 ft. to a point on the east edge of said private road; Thence N26⁰50’E 2,902 ft. to a fence, Thence N26⁰50’E 1,228 ft. to a point on the east line of Section 13, Thence N26⁰50’E 254 ft., Thence 901 ft. along a curve to the left which curve has a central angle of 15 degrees and whose chord bears N21⁰53’E 899ft., Thence N11⁰47’E 3,499 ft., Thence 549 ft. along a curve to the right, which curve has a central angle of 13 degrees and whose chord bears N18⁰26’’E 544 ft., Thence N23⁰34’E 1,679 ft., Thence N25⁰22’E 1000 ft., Thence 790 ft. along a curve to the left which curve has a central angle of 38 degrees and whose chord bears N7⁰17’E 785 ft., Thence N11⁰47’W 222 ft. to a bridge, Thence N34⁰00’ E 20 ft., Thence N11⁰47’W 260 ft., Thence N68⁰00’W 20 ft., Thence N11⁰47’W 1998 ft., Thence 535 ft. along a curve to the right, which curve has a central angle of 24 degrees and whose chord bears N1⁰26’W 529 ft., Thence N12⁰24’E 3,628 ft., Thence 442 ft. along a curve to the right, which curve has a central angle of 18 degrees and whose chord bears N20⁰43’E 441 ft., Pg. 2 Thence N28⁰13’E 1,777 ft. to a gate and fence, also known as “POINT A”, Thence N28⁰13’E 3,770 ft., to a bridge Thence N80⁰00’E 20 ft., Thence N28⁰13’E 60 ft., Thence N20⁰00’W 20 ft., Thence N28⁰13’E 3,146 ft., Thence 468 ft. along a curve to the right, which curve has a central angle of 15 degrees and whose chord bears N34⁰23’E 466 ft., Thence N43⁰07’ 2,318 ft., Thence 2,278 ft. along a curve to the left which curve has a central angle of 43 degrees and whose chord bears N23⁰22’E 2,245 ft., To a point on the Colorado-Wyoming state line, a total distance of 33,819 ft., more or less; PARCEL “B” A parcel of land, five feet either side of a line generally running parallel to and 5 ft. south of an existing fenceline situated in the NE¼ Section 31, T12N, R67W and more particularly described as follows: BEGINNING at the northeast corner of Section 31, T12N, R67W, thence west 1,158 ft. along the north line of said Section 31, thence south 695 feet to a point located on the east side of an existing private road, said point being referenced in PARCEL “A” as “POINT A” and the TRUE POINT OF BEGINNING; Thence South 5 ft., Thence S50⁰00’E 1,530 ft. to the east line of said Section 31, a total distance of 1,535 ft., more or less PARCEL “C” A parcel of land, five feet either side of a line generally running parallel to and 15 ft. north of an existing aerial powerline situated in the SW¼SE¼ Section 20, T12N, R67W and more particularly described as follows: BEGINNING at the southeast corner of Section 20, T12N, R67W, thence north 1,093 ft. along the east line of said Section 20, thence west 2,430 feet to a point located 15 ft. east of the centerline of an existing private road and 15 ft. north of an existing aerial power line crossing said road and the TRUE POINT OF BEGINNING; Thence S54⁰27’E 618 ft., Thence S70⁰16’E 335 ft. to a point five feet west of the west right-of-way line of Interstate 25, Thence parallel to and five feet west of the west right-of-way line of Interstate 25 on a bearing of N20⁰ 53’E a distance of 422 ft; a distance of 1,375 ft., more or less.