HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 01/15/2013 - FIRST READING OF ORDINANCE NO. 012, 2013, AUTHORIZDATE: January 15, 2013
STAFF: Jon Haukaas
Lindsay Kuntz
AGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL 16
SUBJECT
First Reading of Ordinance No. 012, 2013, Authorizing the Conveyance of a Non-Exclusive Utility Easement and a
Temporary Construction Easement on City Utility Property to Public Service Company of Colorado.
EXECUTIVE SUMMARY
Public Service Company of Colorado (“PSCo”), has planned the West Main High Pressure Natural Gas Line
Replacement Project to install an underground 16-inch high pressure gas transmission pipe from southwest Loveland
north through Fort Collins to Vine Street. As part of this Project, PSCo is requesting a utility easement and a
temporary construction easement across the eastern portion of two properties owned by the City for stormwater
purposes located adjacent to McClelland Drive. Construction of the pipeline will occur during a similar timeframe as
the construction of the MAX BRT improvements within McClelland Drive. The majority of the pipeline will be bored
underneath the City property to avoid above-grade disturbances.
BACKGROUND / DISCUSSION
The West Main High Pressure Natural Gas Line Replacement Project is an important part of PSCo’s service plan to
upgrade the existing natural gas transmission system along the northern Colorado Front Range with new natural gas
pipelines that meet current safety, service, capacity, and reliability requirements while also meeting the increasing
demand for natural gas in Larimer County. The existing 83-year old natural gas pipelines have reached the end of their
service lives, require safety upgrades, and cannot reliably keep up with growing system demand to deliver natural gas.
The City owns two parcels of land located south of West Swallow Road and just west of McClelland Drive for
stormwater purposes. The north parcel is known as Tract B of South Meadowlark Heights Third Subdivision and the
south parcel is known as Tract A of Warren Farms, 3rd Filing. Both of these parcels were dedicated to the City when
the subdivisions were platted. A public trail runs through a portion of the properties connecting the adjacent
neighborhoods to the City’s trail system.
PSCo’s proposed pipeline route will run adjacent and parallel to the eastern border of the City property. This alignment
is preferred by both PSCo, as well as City staff, as it will reduce street infrastructure impacts and traffic interruptions
during construction. PSCo representatives have consulted with City staff on the proposed alignment and construction
schedule. Construction of this segment of the pipeline will coincide with the construction of the MAX BRT
improvements in McClelland Drive, thereby helping to minimize traffic disturbances. A section of the pipeline will be
installed with an open trench on the south side of the City property, while the majority of the line will be bored
approximately twelve feet underground to avoid trails and the area used for stormwater detention. The temporary
construction easement will be used for constructing the utility improvements within the adjacent utility easement area.
PSCo plans to have the installation completed by September 2013.
FINANCIAL / ECONOMIC IMPACTS
PSCo will be required to compensate the City for the value of the easements, as well as, for staff time for processing
the easements. The estimated total compensation is $5,500, but the final compensation will be calculated and paid
by PSCo prior to the conveyance of the easement. In addition, PSCo will be required to restore the affected areas
after completion of their work.
ENVIRONMENTAL IMPACTS
The project has been designed to avoid all environmentally sensitive areas. The new pipeline significantly reduces
the possibilities of line failure and gas leakage. Once construction is completed and any surface disturbance has been
restored, the project is not expected to have any impact to the area.
January 15, 2013 -2- ITEM 16
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BOARD / COMMISSION RECOMMENDATION
On December 20, 2012, the Water Board voted unanimously to recommend conveyance of a permanent utility
easement and temporary construction easement on the City properties to PSCo.
ATTACHMENTS
1. Location Map
2. PSCo Pipeline Project - McClelland Route
3. Water Board Minutes, December 20, 2012
Attachment 3:
Excerpt from Unapproved Water Board Minutes, December 20, 2012
1
Xcel Request for Utility Easement on Stormwater Property
Real Estate Specialist Lindsay Kuntz introduced the item and introduced Phil Mazur with Western States
Land Services, Inc. and Randy Blank with Xcel Energy. Xcel has planned a gas line replacement project
to install an underground 16” high pressure gas transmission pipe from southwest Loveland north through
Fort Collins to Vine Street. A portion of the alignment will run parallel with McClelland Drive, and will
run adjacent and parallel to the eastern border of City property. This alignment is preferred as it will
reduce street impacts as well as traffic interruptions during construction. Xcel will bore underneath the
railroad. There is no planned impact on stormwater. Xcel plans to have the installation completed by
September 2013.
Mr. Blank presented the pipeline route map for the project.
Ms. Kuntz introduced Planning, Development, and Transportation (PDT) Deputy Director Mark Jackson,
the City contact for the project. Mr. Jackson stated Xcel intends to minimize the impact to the community
with this project. This project also allows the City to conduct street maintenance repairs on Drake Road.
Highlights from the discussion:
• A board member asked if there are other Utility conflicts in the proposed alignment. Mr. Blank
stated there is a sanitary sewer line. Xcel will check manhole elevations and will bore either
under or over the line. Ms. Kuntz stated the permit will allow Xcel to survey the area.
• A board member asked about the bore size. Mr. Blank stated the gas line has a 16 inch diameter.
The existing 8 inch line has been in service since 1929. This new size will improve the quality
and capacity of the pipeline.
• A board member asked about the old pipeline. Mr. Blank stated it will be abandoned in place
after the new line is in service. Light and Power has inquired about using the old pipeline as a
conduit.
• A board member asked for an estimate on the construction schedule. Mr. Blank stated this portion
of the project is estimated at a couple of weeks.
• A board member asked if the stormwater facility would be compromised if a major storm event
occurred. Mr. Blank stated there is a stormwater mitigation plan in place.
• A board member asked why it is necessary to cross the railroad tracks. Mr. Blank stated that since
this is a large project, it is necessary to cross the tracks at one point or another.
• A board member expressed concern about the wetland area. Mr. Blank stated the bore head will
need to be tracked, but there will be no vehicular traffic in the wetland area. The area will not be
disturbed. Mr. Blank gave more detailed information about the accuracy of using horizontal
directional drilling in these types of areas.
• A board member asked about the impact on bike and pedestrian paths in the area. Mr. Blank
stated paths will need to be closed during the project. Mr. Jackson reiterated the paths will be
closed anyway due to the MAX Bus Rapid Transit (BRT) project.
Discussion on the motion: There was no discussion on the motion.
Vote on the motion: It passed unanimously.
Board Member Bovee moved that the Water Board recommend that City Council
consider approval of an Ordinance authorizing the conveyance of a permanent utility
easement and temporary construction easement on the City property located at the
McClelland property to Public Service Company of Colorado. Board Member Brown
seconded the motion.
ORDINANCE NO. 012, 2013
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF A NON-EXCLUSIVE UTILITY EASEMENT
AND A TEMPORARY CONSTRUCTION EASEMENT ON CITY UTILITY PROPERTY TO
PUBLIC SERVICE COMPANY OF COLORADO
WHEREAS, the City is the owner of two parcels of real property located west of
McClelland Drive and north of Horsetooth Road in Fort Collins, Colorado, identified in County
records as parcel numbers 97264-21-901 and 97264-36-901 (the “City Property”), and used for
stormwater purposes; and
WHEREAS, Public Service Company of Colorado, (“PSCo”) has requested a utility
easement and a temporary construction easement (the “Easements”) on the City Property for the
benefit of its West Main High Pressure Natural Gas Line Replacement Project; and
WHEREAS, the proposed Easements would be used to install an underground natural gas
pipeline as part of a transmission pipe running from Loveland north through Fort Collins to Vine
Drive; and
WHEREAS, the proposed utility easement, which is 50 feet wide and covers 1.6 acres, is
described and shown on Exhibits “A-1” and “A-2”, attached and incorporated herein by
reference; and
WHEREAS, the proposed temporary construction easement, which covers 1.4 acres, is
described and shown on Exhibits “B-1” and “B-2”, attached and incorporated herein by
reference; and
WHEREAS, PSCo will compensate the City $5,500.00 for the Easements and for staff
processing time; and
WHEREAS, the majority of the pipeline on the City Property will be bored underground
to avoid City improvements and the area used for stormwater detention; and
WHEREAS, City staff has identified no negative impacts to the City resulting from the
granting of the Easements; and
WHEREAS, PSCo’s payment for the Easements and the improved pipeline will provide
a benefit for the citizens of the City; 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 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 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 City's conveyance to PSCo of
the Easements on the City Property as provided herein is in the best interests of the City, will not
materially impair the viability of the City’s stormwater 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 PSCo 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 15th day of
January, A.D. 2013, and to be presented for final passage on the 5th day of February, A.D. 2013.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Passed and adopted on final reading on the 5th day of February, A.D. 2013.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk