HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 01/15/2013 - ITEMS RELATING TO PUBLIC SERVICE COMPANY OF COLORADATE: January 15, 2013
STAFF: Daylan Figgs, John Stokes,
Mark Jackson
AGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL 15
SUBJECT
Items Relating to Public Service Company of Colorado’s Request for Utility Easements and Temporary Construction
Easements Across Four Natural Areas Owned by the Natural Areas Department to Construct, Operate, and Maintain
Approximately 2.6 Miles of High Pressure Gas Pipeline.
A. First Reading of Ordinance No. 008, 2013, Authorizing the Conveyance of a Non-Exclusive Utility Easement
and a Temporary Construction Easement on Coyote Ridge Natural Area to Public Service Company of
Colorado.
B. First Reading of Ordinance No. 009, 2013, Authorizing the Conveyance of an Exclusive Utility Easement, a
Non-Exclusive Utility Easement, and a Temporary Construction Easement on Colina Mariposa Natural Area
to Public Service Company of Colorado.
C. First Reading of Ordinance No. 010, 2013, Authorizing the Conveyance of a Non-Exclusive Utility Easement
and a Temporary Construction Easement on Hazaleus Natural Area to Public Service Company of Colorado.
D. First Reading of Ordinance No. 011, 2013, Authorizing the Conveyance of Two Non-Exclusive Utility
Easements on Kingfisher Point Natural Area to Public Service Company of Colorado.
EXECUTIVE SUMMARY
Public Service Company of Colorado (PSCo), an Xcel Energy company, is requesting easements within four Natural
Areas owned by the City of Fort Collins Natural Areas Department (NAD) to construct, operate, and maintain
approximately 2.6 miles of high pressure gas pipeline. The proposed project is part of the larger West Main Natural
Gas Pipeline Replacement Project (West Main Project) that encompasses Larimer, Weld, and Boulder Counties. The
project will replace an existing eight inch gas pipeline that is 83 years old and at the end of service life with a 16 inch
high pressure gas pipeline.
The proposed project will traverse the city north to south and will impact the road surface and traffic along Shields
Street, Horsetooth Road, and Timberline Road.
As proposed, approximately 2.6 miles of the gas transmission pipeline will require new easements to cross four City
Natural Areas: Coyote Ridge, Colina Mariposa, Hazaleus, and Kingfisher Point. Existing easements for the gas
pipeline are located within Kingfisher Point and portions of Coyote Ridge. The portion of the pipeline to be constructed
within NAD properties will affect approximately 31 acres. All areas impacted by the proposed project will be restored
as outlined in NAD’s Resource Protection Standards. Existing vegetation not otherwise avoided by boring is
dominated by non-native grasslands that have low resource value. Restoration of the alignment will utilize only native
grasses and forbs.
PSCo recognizes the impacts this project will have on the City of Fort Collins streets and traffic and on the Natural
Areas. PSCo is offering $2,000,000 as mitigation for the impacts and as compensation for the easements across the
four natural areas. Additionally, PSCo is offering “in kind” projects and services as additional compensation valued
by PSCo at approximately $650,000. If the Natural Area easements are not granted, PSCo will construct the pipeline
in the street right-of-way which would have greater impacts on traffic, on the street infrastructure and on the ease and
safety of future maintenance work due to the proximity to other utilities in the street right-of-way.
The $2,000,000 in mitigation funds, which includes $166,362 in compensation to Natural Areas, may be used to fund
the construction of a 10 foot wide concrete regional trail along the east side of Shields Street from Fossil Creek Drive
south towards Loveland across natural areas that are being disturbed due to the gas line project or the City Council
may decide to use the funds for other purposes. If Council decides to use the funds for other purposes, Natural Areas
would legally need to receive the $166,362 in compensation.
January 15, 2013 -2- ITEM 15
BACKGROUND / DISCUSSION
In late 2011, PSCo approached NAD to discuss the West Main Project and the need to replace an existing natural gas
pipeline located within several City-owned Natural Areas. This discussion also revealed several major streets within
the City would be impacted by the project. As such, City staff from several departments worked with PSCo to discuss
the proposed alignment and to discuss alternative alignments that minimized impacts to the City.
The proposed 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 pipeline has reached the end of its service life, requires safety upgrades, and
cannot reliably meet the growing system demands to deliver natural gas.
A component of the review process is to evaluate potential impacts to natural and cultural resources found within the
Natural Areas along the proposed route. In addition, NAD requested PSCo evaluate alternate routes that avoided or
minimized impacts to Natural Areas. A summary of the natural resource surveys and alternate route analysis is
provided below.
Biological and Vegetation Resources
Four separate field surveys were conducted within the Natural Areas to understand the natural resource values within
the proposed and alternate alignments. The survey area for the project is a 1000-foot wide strip centered on the
proposed alignment.
The initial site survey was conducted between March 22 and April 1, 2012, with a follow-up survey on April 13, 2012.
The purpose of this survey was to perform a general reconnaissance of the land to be affected by the project, both
within and outside of the Natural Areas. Each Natural Area along the route was surveyed.
At the request of NAD, a second survey (June 18, 2012) occurred within Coyote Ridge and Cathy Fromme Prairie to
conduct a formal wetland delineation of the area. Additionally, a general biological survey was conducted to help
identify alternate pipeline alignments that reduced impacts to natural resources.
The third field survey was conducted (August 3-9, 2012) to determine if habitat suitable for threatened and endangered
species was found within or near any alignment. Species considered for this survey included Ute ladies’ tresses
(Spiranthes diluvialis Sheviak), Colorado butterfly plant (Guara neomexicana ssp. coloradensis) and the Preble’s
meadow jumping mouse (Zapus hudsonius preblei). No species or suitable habitat was found within the survey area.
The U.S. Fish and Wildlife Service concurred with PSCo’s determination that federally listed species are unlikely to
be adversely affected by the project.
The fourth survey (September 25 and October 6, 2012) was conducted to delineate wetlands on the remaining Natural
Areas in the project area.
Five basic vegetation types were identified in the surveys: native mixed grass prairie; agricultural lands; riparian,
palustrine emergent wetlands, and disturbed/developed lands. Native grasslands were limited along the alignments
and described as low-quality patches of native grass species often interspersed or surrounded by development. The
vast majority of grasslands within the alignment are dominated by non-native species, predominately smooth brome
(Bromus inermis).
Wetlands are found along drainages crossed by the proposed alignment. PSCo intends to avoid impacts to the
wetlands by boring beneath the wetlands. Surface disturbance from the bores will occur in the upland areas
dominated by non-native grasses. The U.S Department of Army, Corps of Engineers reviewed the project in
accordance with Section 404 of the Clean Water Act and determined that a Department of Army permit would not be
required for the project.
January 15, 2013 -3- ITEM 15
Cultural Resource Surveys
A file search was conducted by the Colorado Historic Society’s Office of Archaeology and Historic Preservation
(OAHP) to evaluate known cultural resources within one mile of the proposed and alternate routes. The OAHP
database contains records of all cultural resources investigations that have been conducted.
The Class I survey revealed one potentially eligible site located within 500 feet of the proposed alignment. This site
is the Colorado Central Railroad (5LR173.1) located on the eastern side of Shields Street in the County-owned Long
View Open Space. This site is not within the proposed alignment and will not be impacted by the project.
If any previously unknown historic or prehistoric site or artifact is discovered during construction activities, all land
altering activities will be suspended until such time that appropriate measures can be taken to ensure compliance with
the National Historic Preservation Act.
Alternative Alignment Analysis
Several alternatives to the proposed alignment were evaluated as outlined in the Natural Area and Conserved Lands
Easement Policy (Easement Policy). Each is summarized below:
Taft Hill Road. The project was initially proposed to enter into the City along Taft Hill Road and cross portions of
Coyote Ridge and Cathy Fromme Prairie and would require approximately one mile of new gas pipeline to be
constructed across Cathy Fromme Prairie to connect with the existing valve stations located along Shields Street. This
connection would also have resulted in a new above ground valve set or regulator station within Cathy Fromme Prairie.
Cathy Fromme Prairie. The project was initially proposed to cross the eastern portion of Cathy Fromme Prairie just
to the west of Shields Street. PSCo proposed to construct the gas pipeline by boring under a large portion of the
property. However, upon completion of biological, geotechnical, cultural and utility surveys and an engineering
feasibility assessment, the decision was made to avoid this site and construct the gas pipeline within the existing
Shields Street alignment. The assessment indicated that it was not feasible to bore underneath Cathy Fromme without
extensive surface grading and subsequent impacts to native vegetation, and the removal of several mature trees on
the north side of Fossil Creek.
Long View Farm Open Space. In consideration of a possible trail construction project following the gas pipeline
project, NAD requested that PSCo evaluate crossing Long View Farm east of Shields Street as opposed to crossing
Coyote Ridge located west of Shields Street. This would place the gas pipeline project in the same location as the
proposed alignment for a planned regional trail. This alignment was not feasible due to lack of available space caused
by the Union Pacific Railroad rights-of-way and Platte River Power Authority’s buried transmission line and related
induced current hazards.
U.S. 287. This alternative was eliminated primarily based on the fact it is more than one mile from the existing natural
gas pipeline and would require considerable additional connection facilities (new gas pipelines and regulator stations).
Parallel Union Pacific Railroad near Timberline Road. This alternative would have minimized impacts to the streets
by avoiding Timberline Road by aligning the natural gas pipeline parallel and adjacent to the Union Pacific right-of-way
west from Horsetooth to Prospect Road, although it would not have reduced impacts to the natural areas. This
alternative was eliminated based on the proximity of other utilities which precluded the siting of the natural gas pipeline
immediately west of the existing railroad, and the railroad right-of-way occupies the undeveloped portion immediately
east of the existing railroad. Natural gas pipelines are prohibited within the railroad right-of-way.
Based on the alternative route evaluation, the current proposed alignment was selected and will cross Coyote Ridge
(1 mile), Colina Mariposa (1 mile), Hazaleus (0.62 mile) and Kingfisher Point (0.56 mile in right-of-way adjacent to
Kingfisher and 0.16 mile within Kingfisher).
The easement request and impacts to natural resources are discussed below for each Natural Area:
January 15, 2013 -4- ITEM 15
Coyote Ridge Natural Area
Existing Easements
PSCo has an existing easement (dated May 31, 1929) in the northeast quarter of Section 27, T6N, R69W (see
Attachment 2). This easement is considered a “blanket” easement in that it allows for parallel pipelines to be
constructed anywhere within this quarter section for the transportation of oil and gas.
As discussed in the Easement Policy, properties owned by the City are often subject to easements granted by prior
owners. In these circumstances, the Policy directs staff to work with the easement owner to try and establish terms
and conditions or specific project plans consistent with the terms of the Policy in connection with any such prior
easements or rights-of-way. Though PSCo does not require a new easement to cross this portion of Coyote Ridge,
PSCo has worked with NAD staff to reduce the size of the easement necessary to construct and maintain the gas
pipeline (50-foot wide) and to replace the existing easement with a new easement that is more consistent with City
standards. Also, PSCo conducted all the required surveys to help establish two alignment alternatives. The preferred
alignment shown in Attachment 2 is in the general location of the current gas pipeline. However, this alignment is
within the buffer areas of two mammal dens and two raptor nests. If the dens and/or nests are occupied during the
construction period, PSCo will consult with NAD to determine if the best approach is to move to an alternative
alignment outside of the buffer zones, construct during allowable timeframes (outside of nesting or denning seasons),
or bore beneath the den and nest area, staying outside of the buffer zones.
Once the pipeline is constructed, the legal description describing the new 50-foot utility easement alignment, which
will be within the existing blanket easement, will be prepared, and PSCo will then vacate or terminate the existing
blanket easement.
New Easements
PSCo is requesting a new 50-foot wide non-exclusive utility easement (6.035 acres) and one temporary construction
easement over three locations as shown in Attachment 2. The locations of the temporary construction easements
include a 25-foot wide area paralleling the permanent easement (3.018 acres), and two 60,000 square foot areas
(2.674 acres total) to support the boring operation and for equipment and material storage. The proposed permanent
easement is located adjacent to and paralleling the existing Shields Street rights-of-way and is outside of the
anticipated future roadway. Shields Street will be widened to an arterial 4-lane street according to the 2010-2011
update of the Master Street Plan. The proposed easement is located within a wheat field and no native vegetation
exists. All topsoil will be removed prior to construction, stored on site, and replaced after project completion. The
site will return to agricultural activities until restored to native grasslands by NAD in the future.
Colina Mariposa Natural Area
Existing lease
PSCo leases land from the City for the existing “Shaft” valve set (See Attachment 3). The lease was entered into in
1993 by the previous owner of the property, and features an annual term with the ability for PSCo to perpetually renew
the lease as long as they pay the lease payment on time.
New Easements
PSCo is requesting one permanent exclusive utility easement for the area of the “Shaft” valve set to replace the
existing lease (0.135 acre), one 50-foot wide permanent non-exclusive easement (6.033 acres), and one temporary
construction easement over six locations as shown in Attachment 3. The temporary construction easement includes
a 25-foot wide area paralleling the permanent non-exclusive easement (2.924 acres), five small areas totaling
approximately 0.177 acres to allow for construction access, and a 28,576 square foot (0.656 acre) area to support
boring operations and for material and equipment storage. The proposed permanent non-exclusive easement is
located adjacent to the existing Platte River Power Authority easement and underground transmission line.
Vegetation within the easements consists of non-native grasses dominated by smooth brome. Few scattered low
quality patches of native mixed grass occur within the area. Two wetlands were delineated within the easement
alignment on this property. PSCo will bore underneath the wetlands to avoid impacts to this sensitive habitat. Upland
January 15, 2013 -5- ITEM 15
areas impacted by the project will be restored to native grasslands as outlined in the General Resource Protection
Standards.
Hazaleus Natural Area
New Easements
PSCo is requesting a 50-foot wide permanent non-exclusive utility easement (3.811 acres), one 25-foot wide
temporary easement across the western boundary of Hazaleus and one temporary construction easement over five
locations as shown in Attachment 4. The temporary construction easements consist of a 25-foot wide area paralleling
the permanent non-exclusive easement (1.905 acres), a 60,000 square foot area (1.337 acre) and a 95,800 square
foot area (2.199 acre) to support boring operations and for equipment and material storage, and three small areas
totaling approximately 0.09 acres for temporary construction access. The proposed permanent easement is located
adjacent to the existing rights-of-way paralleling Shields Street and is outside of the future roadway as described in
the 2010-2011 update of the Master Street Plan.
The proposed easements are located within an upland non-native plant community dominated by smooth brome. Two
delineated wetlands are located within the easement alignment. PSCo will bore underneath the delineated wetlands
and avoid impacts to these sensitive habitats. The project site does occur within the 1/4 mile buffer area of a red-tailed
hawk nest. If the nest is occupied, construction activity will not occur in the buffer area between March 1 and July 15.
Uplands impacted by the project will be restored as outlined in the General Resource Protection Standards.
Kingfisher Point Natural Area
Existing Easements and Right of Way
The existing gas pipeline is found within an existing undeveloped road right-of-way and a license area across
Kingfisher Point that was in place when the City purchased the property (see Attachment 5). The intent of the project
is for the gas pipeline to remain in the same general alignment. However, PSCo must obtain approval from the Army
Corps of Engineers and the City Floodplain Administer to cross an existing levee along the Cache La Poudre River.
If approval is not obtained, the proposed alignment must be routed around the levee and the easement alignment
modified.
NAD plans to seek the vacation of the existing old road right-of-way across Kingfisher Point, which contains three utility
lines. One is a PSCo buried electrical line, and the remaining two are City of Fort Collins buried utility lines. PSCo
has no object to such vacation. The existing License agreement will be terminated as well, once the new easements
are in place.
Vegetation within the gas pipeline alignment is a mixture of non-native and native dominated grasslands and
grass/shrubland mix. Construction of the pipeline will utilize two methods: open trenching within the existing road
right-of-way paralleling Timberline Road from the levee south to the Kingfisher property boundary; and boring beneath
the existing undeveloped road right-of-way from the levee north and underneath the Cache la Poudre River to the north
bank. The use of boring will avoid disturbance to the restored grassland on Kingfisher Point, the Poudre River Trail,
and riparian and riverine habitat along the Cache la Poudre.
Open trenching will impact native grasslands and shrublands that occur within the existing right-of-way adjacent to
Timberline Road. Impacts to the site will be restored using native grasses and shrubs as outlined in the General
Resource Protection Standards. Also, Timberline Road is identified to be widened to an arterial 4-lane road according
to the 2010-2011 update of the Master Street Plan. The restored site will be impacted if Timberline is widened as
planned.
New Easements
Two 50-foot wide permanent non-exclusive utility easements will be required once the existing right of way is vacated
and the License Agreement is terminated. One easement will be for the gas pipeline constructed as part of the West
Main Project and the second will be for PSCo’s existing underground electrical line. Though PSCo does not require
new easements to cross this portion of Kingfisher Point, PSCo has worked with NAD staff to replace outdated and less
desirable agreements with contemporary easement agreements that are more consistent with City standards.
January 15, 2013 -6- ITEM 15
FINANCIAL / ECONOMIC IMPACTS
PSCo recognizes the impacts this project will have on the City of Fort Collins streets and traffic and on the Natural
Areas. PSCo is offering $2,000,000 as mitigation for the impacts and as compensation for the easements across the
four Natural Areas. The value of the total compensation for the easements is $172,672, broken down as follows:
easements value appraised at $83,557 (permanent easement valued on average at $5,515/ac; temporary at $880/ac);
Ecosystem Impact Fees were calculated to be $23,155; and the Restoration Maintenance Fees were calculated to
be $65,940. As outlined in the Easement Policy, PSCo has provided $7,500 to reimburse NAD for staff time and
expense to administer the easement process. Staff continues to track time spent on this project and will be
reimbursed for any additional time. As such, the total compensation value to NAD may need to be adjusted upward
to cover additional staff time and expense to administer the easement process.
The $2,000,000 in mitigation funds, which includes $172,672 in compensation to Natural Areas, may be used to fund
the construction of a 10-foot wide concrete regional trail along the east side of Shields Street from Fossil Creek Drive
south to Loveland across Natural Areas that are being disturbed due to the gas line project or for other uses as
determined by City Council.
Additionally, PSCo is offering the following “in kind” projects and services as additional mitigation valued by PSCo at
approximately $650,000:
• $155,200 - Value of an existing utility easement across Meadow Springs Ranch that PSCo will Quit Claim to
the City.
• $60,000 – PSCo provided surveys, engineered plan and profile, and geotechnical information to the City for
future trail planning and design.
• $120,000 – PSCo will attempt to acquire rights-of-way for the regional trail across private properties south of
Fossil Creek. This value includes the staff time to obtain and the anticipated cost to acquire the easements.
• $317,000- PSCo will terminate or vacate the existing blanket easement across Coyote Ridge and existing
defined license area across Kingfisher Point in exchange for the defined easements across the properties.
PSCo has identified the value added to the City by removing substantial encumbrances to the title of NAD
property.
ENVIRONMENTAL IMPACTS
The proposed alignment for the project was selected based on the mitigation hierarchy to avoid, minimize and mitigate
impacts to natural resources. Several alignment alternatives were evaluated based on engineering feasibility and
anticipated impacts from the project. The current alignment was selected as it avoids several impacts relative to
alternate alignments.
Site specific surveys were conducted to better understand vegetation and wildlife resources within and near the
proposed alignment. This information was used to refine the site selection, establish timing limitations if needed, and
to help identify key natural resources to avoid. This information was used to identify areas where construction
techniques such as boring can be used to avoid impacts.
Some impacts from a project of this scope and scale are inevitable, and PSCo will be compensating the City for the
lost Ecosystem Goods and Services from the project.
All areas impacted by the proposed project will be restored as outlined in NAD’s General Resource Protection
Standards. Existing vegetation not otherwise avoided by boring is dominated by non-native grasslands that have low
resource value. Restoration of the alignment will utilize only native grasses and forbs. If approved by City Council the
10-foot wide concrete regional trail will be constructed across Hazaleus and Colina Mariposa Natural Areas within the
area disturbed by the gas line project, which will eliminate the disturbance of constructing the trail in the future.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinances on First Reading.
January 15, 2013 -7- ITEM 15
BOARD / COMMISSION RECOMMENDATION
The West Main Project was discussed with the Land Conservation and Stewardship Board (LCSB) during the October
10, 2012, September 12, 2012, and August 10, 2012 meetings (see Attachment 7).
NAD staff will request a formal recommendation from the LCSB to City Council at its January 9, 2013 meeting. The
recommendation and minutes from this meeting will be provided to Council in the Read-Before packet provided for
the January 15, 2013 City Council meeting.
PUBLIC OUTREACH
Three open houses were held in Larimer County to share the overall plan with the public. A total of 3,409 property
owners within 750 feet of the preferred and alternate pipeline routes within Fort Collins were notified of the meetings.
Open houses were held as follows:
• February 29, 2012 at the Walt Clark Middle School in Loveland from 4 to 7 pm.
• March 8, 2012 at the Fort Collins Marriott in Fort Collins from 4 to 7 pm
• October 25, 2012 at the Lincoln Center in Fort Collins from 4 to 7 pm
A Meeting Summary Report for each open house is provided as Attachment 6.
In addition, a West Main project website (www.xcelenergywestmainpipeline.com) was created to provide updated
information on the project and related open houses.
ATTACHMENTS
1. Project Location Map
2. Coyote Ridge NA PSCo Existing and New Easements Location Map
3. Colina Mariposa NA Shaft Valve Set and New Easements Location Map
4. Hazaleus NA New Easements Location Map
5. Kingfisher Point NA ROW Vacation, License, and New Easements Location Map
6. Meeting Summary Reports
7. Land Conservation and Stewardship Board minutes
Attachment 1: PSCo West Main Project Alignment and Affected Natural Areas Location Map
Created by City of Fort Collins Natural Areas - 2013
0 0.5 1 2 Miles
PSCo Pipeline Preferred Alignment
City Limits
Fort Collins GMA
City Natural Areas
¹
MULLBERRY RD
HARMONY RD
PROSPECT RD
HORSETOOTH RD
DRAKE RD
TRILBY RD
SHIELDS ST
COLLEGE AVE
LEMAY AVE
TIMBERLINE RD
TAFT HILL RD
Kingfisher Point NA
Hazaleus NA
INTERSTATE 25
Coyote Ridge NA
Mariposa Colina NA
22 23
27 26
15 14
Attachment 2: Coyote Ridge Natural Area PSCo West Main Project Permanent, Temporary & Blanket Easements
0 250 500 1,000 Feet
¹
COYOTE RIDGE NATURAL AREA LONG VIEW OPEN SPACE
SHIELDS ST
PSCo West Main Project
Permanent Easements
Temporary Easements
PSCo Blanket Easement
Anticipated Alignment (TBD)
City of Fort Collins Natural Areas
Larimer County DNR
Created by Fort Collins Natural Areas Department - 2013
COLINA NATURAL MARIPOSA AREA
15 14
11
23
10
22
Attachment 3: Colina Mariposa Natural Area PSCo West Main Project Permanent and Temporary Easements
0 125 250 500 Feet
¹
COLINA NATURAL MARIPOSA AREA
SHIELDS ST
P
SCo West Main Project
Permanent Easements
Temporary Easements
City of Fort Collins Natural Areas
Created by Fort Collins Natural Areas Department - 2013
COLINA NATURAL MARIPOSA AREA
TRILBY RD
HAZALEUS NATURAL AREA
COYOTE RIDGE
NATURAL AREA
10 11
15 14
Attachment 4: Hazaleus Natural Area PSCo West Main Project Permanent and Temporary Easements
0 125 250 500 Feet
¹
SHIELDS ST
PSCo West Main Project
Permanent Easements
Temporary Easements
City of Fort Collins Natural Areas
Created by Fort Collins Natural Areas Department - 2013
HAZALEUS NATURAL AREA
TRILBY RD
COLINA NATURMAALRIPOSA AREA
18 17
Attachment 5: Kingfisher Point Natural Area PSCo West Main Project Existing License, Existing and Vacated ROW
0 125 250 500 Feet
¹
TIMBERLINE RD
Existing PSCo License
Existing ROW To Be Vacated
Existing ROW Along Timberline Rd.
Anticipated Alignment (TBD)
Created by Fort Collins Natural Areas Department - 2013
KINGFISHER POINT NATURAL AREA
MULBERRY ST
CATTAIL CHORUS NATURAL AREA
ATTACHMENT 6
West Main Natural Gas Pipeline
Replacement Project
Meeting Summary Report for
October 2012 Open House
November 2012
West Main Natural Open Gas House Pipeline Meeting Replacement Summary Project Report
i
Contents
Page
Introduction ................................................................................................... 1
Notifications .................................................................................................. 1
Project Website and Email ........................................................................... 2
Open House ................................................................................................... 1
Public Questions and Feedback .................................................................. 2
Figures
Figure 1: Website visits by day ......................................................................... i
Tables
Table 1: Government open house ..representatives ..........................at ....October ..............25 ....Lincoln .............Center ................. 1
Table 2: Project members at October 25 Lincoln Center open house .... 1
Appendices
Appendix A: Fort Collins Notice Area Parcels
Appendix B: Mailed Notification
Appendix C: Advertising
Appendix D: Website posting and tracking information
Appendix E: Media Alert and media coverage
Appendix F: Open house meeting sign-in sheets
Appendix G: Information boards
West Open Main House Natural Meeting Gas Summary Pipeline Report Replacement Project
ii
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West Main Natural Open Gas House Pipeline Meeting Replacement Summary Project Report
1
Introduction
A second Fort Collins public open house featuring the West Main Natural Gas Replacement
Project was held on Oct. 25, 2012, at the Lincoln Center from 4-7 p.m. Overall, the multi-year
project will replace approximately 77 miles of 95 miles of high pressure gas transmission
pipeline between Westminster, Colo., and the Wyoming border.
While this open house provided information about the entire project, it specifically addressed
how a 2013 segment may run through Fort Collins natural areas. In order to cross these
areas, Xcel Energy is filing a natural areas easement application with the city of Fort Collins
Natural Areas Department. Xcel Energy is specifically seeking to get an easement through
McKee Farm/Coyote Ridge Natural Area, Colina Mariposa Natural Area and Hazaleus
Natural Area. Hosting this open house was part of the easement application process.
The meeting was attended by the public, city and county staff and officials, and individuals
and companies interested in working on or directly impacted by the project. Twenty-five
people signed in at the open house. The completed sign-in sheets are included in
Appendix F.
Notifications
A total of 3,698 property owners in Fort Collins and in parts of Larimer County living near the
natural areas and within 750 feet of the proposed and alternative pipeline route centerlines
(see Appendix A) were mailed notifications about the Fort Collins open house via standard
first class mail on October 4 (see Appendix B). The notice area was chosen based on
landowners’ proximity to the natural areas. The timeframe for mailing was chosen based on
previous open house mailings for the West Main Natural Gas Pipeline Replacement Project,
which followed Larimer County permitting requirements that recipients receive mailed notices
14 days before a public open house is held. This standard was used because the city of Fort
Collins Natural Areas easement policy does not have specific public meeting notice
requirements.
Notifications also were sent to Fort Collins and Larimer County staff and officials, state and
federal agency representatives, irrigation ditch companies, homeowners associations,
economic development organizations, and emergency services serving Fort Collins and the
natural areas. Individuals who attended previous West Main open houses in Fort Collins also
were notified.
Two newspaper advertisements were placed in the following community publications (see
Appendix C):
• Fort Collins: The Coloradoan on October 14, 21 and 24
• Northern Colorado: The Northern Colorado Business Report on October 19
Three newspapers and the city of Fort Collins posted meeting notices on their online
calendars (see Appendix D):
West Open Main House Natural Meeting Gas Summary Pipeline Report Replacement Project
2
• City of Fort Collins: www.fcgov.com
• The Coloradoan in Fort Collins
• The North Forty News
• The Northern Colorado Business Report
A news release was issued on October 3. The project received media coverage on October
14 from The Coloradoan (Appendix E). The Natural Areas Department placed an open house
announcement in the October issue of its monthly email newsletter. The city of Fort Collins
posted announcements on its official Facebook and Twitter pages. Copies of the natural
areas newsletter and the Facebook and Twitter posts are included in Appendix D.
Project Website and Email
The project website (www.xcelenergywestmainpipeline.com) was used to publicize
information about the October open house (see Appendix D). Website visits and pageviews
were tracked for the entire month of October and are shown as Figure 1. Visits are defined as
a user’s single session browsing the site, while a pageview is defined as the number of pages
a visitor views during a single session browsing the website. Outreach activities seem to be
successful in that spikes in the number of visits and pageviews directly correspond to
activities conducted to notify the public of the open house as follows:
• October 2: City of Fort Collins distributes its natural areas newsletter announcing the
public open house on behalf of Xcel Energy. 11 visits and 32 pageviews
• October 3: Xcel Energy’s regular email construction update on Loveland Lateral
distributed. 17 visits and 80 pageviews
• October 9: City of Fort Collins posts public open house announcement on Twitter and
Facebook 18 visits and 60 pageviews
• October 10: Xcel Energy’s first email open house announcement to subscription list. 14
visits and 105 pageviews
• October 14: Publication of the open house advertisement in the Fort Collins Coloradoan.
25 visits and 78 pageviews
• October 17: Reference to the project website by a Larimer County land use planner prior
to and during the 1041 Permit Application hearing on the Larimer 2013 — 16" West Main
Natural Gas Pipeline Replacement Project before the Larimer County Planning
Commission. 26 visit and 112 pageviews
• October 22: City of Fort Collins posts public open house announcement on Twitter and
Facebook 19 visits and 68 pageviews
• October 24: Xcel Energy’s sends reminder email about open house to email subscription
list. 16 visits and 44 pageviews
West Main Natural Open Gas House Pipeline Meeting Replacement Summary Project Report
3
Figure 1: Website visits and Pageviews by Day
0
10
20
30
40
50
60
70
80
90
100
110
120
10/10/1 2
10/10/3 4
10/10/5 6
10/10/7 8
10/10/10 9
10/10/11 12
10/10/13 14
10/10/15 16
10/10/17 18
10/10/19 20
10/10/21 22
10/10/23 24
10/10/25 26
10/10/27 28
10/10/29 30
10/31
Total Visits and Pageviews for October Visits
Pageviews
West Main Natural Open Gas House Pipeline Meeting Replacement Summary Project Report
Open House
The open house at the Lincoln Center was attended by 25 people, including nine government
representatives and nine project members. These attendees are listed in Tables 1 and 2. The
sign-in sheets signed by meeting attendees are included in Appendix F. Reproductions of the
information boards used at the open house are included in Appendix G.
Table 1:
Government representatives at October 25 Lincoln Center open house
Karen Weitkunat Name Mayor, Fort Collins Organization
Eric Dahlgren Utilities, Fort Collins
Daylan Figgs Natural Areas Department, Fort Collins
Diane Gambit Jones Deputy City Manager, Fort Collins
Gerry Horak City Council, Fort Collins
Mark Jackson Budget, Fort Collins Policy and Communications Manager,
Tom Knostman Pavement Engineering, Fort Collins
Mark Sears Natural Areas Department, Fort Collins
Brian Varrella Stormwater Utilities, Fort Collins
Table 2:
Project members at October 25 Lincoln Center open house
Todd Anderson Name Xcel Energy Organization
Randy Blank Xcel Energy
Allie Infante Tetra Tech
Phil Mazur Western States Land Services
Stephanie Myers Tetra Tech
Stephanie Phippen Tetra Tech
Mark Stutz Xcel Energy
Dan Tekavec Xcel Energy
Jesse Vallejos Xcel Energy
Public attendees were greeted by a project member who directed them to the correct map or
contact person to answer their immediate questions. The majority of the attendees were
interested in how the project would impact the natural areas and the potential option for a
new bike path to be constructed in the natural areas after the pipeline was installed. Other
attendees were interested in the proposed and alternative pipeline location in relation to their
homes or properties.
West Open Main House Natural Meeting Gas Summary Pipeline Report Replacement Project
Area Manager Todd Anderson gave the PowerPoint presentation from 5:30 to 6 p.m. and
answered questions from attendees. Questions from attendees centered around: the
pressure and diameter of the proposed pipeline in Fort Collins; the potential impact to the
natural areas; construction/project segment timing; the lifespan of the new pipeline and
methods used to maintain it; potential impacts to businesses; the restoration of roads and
whether there are opportunities to add bikes lanes or paths after construction; and the
alternative route and potential impacts along Drake Road and Stover Street. Feedback
collected included recommendations / consideration for realignment of short pipeline
segments to avoid individual property owners’ properties. These recommendations /
suggestions were address by Xcel Energy Right-of-Way staff.
Public Questions and Feedback
Public questions and feedback were collected at the open houses through a questions-and-
answers session. No written comments were received during the open house.
Within What do Larimer you mean County, when we you are increasing say you are the “doubling” diameter of the the size current of the natural line? gas pipeline
from 8 inches to 16 inches—essentially doubling the size of the pipeline. By doing this we
also will be increasing the volume and pressure of the new pipeline.
Why did you decide to re-route the pipeline away from the Cathy Fromme Prairie
Natural Area but keep the route in the Hazaleus, Colina Mariposa, and McKee
Xcel Farm/Energy Coyote has Ridge worked natural closely areas? with the city of Fort Collins Natural Areas Department to
determine the best possible pipeline route through these sensitive natural areas. Our first
choice is always to maximize the use of private easements so the buried pipeline will not be
disturbed by new construction, since third-party damage is the leading cause of damage to
our pipelines.
A potential route in the Cathy Fromme Prairie Natural Area was analyzed extensively for
environmental, engineering, and construction considerations. Our analysis revealed that
there are several issues with installing a new pipeline within the Cathy Fromme Prairie
Natural Area, including the need to remove trees and engineering challenges related to
topography and floodplains. We identified an alternative route in South Shields Street as the
new preferred route because it does not require removing trees, nor does it present the same
engineering and construction issues.
Hazaleus, Colina Mariposa, and McKee Farm/Coyote Ridge natural areas are mostly wheat
fields and non-native grasses. The areas that we would cross are adjacent to the road right-
of-way and not considered by the Fort Collins Natural Areas Department to be of high quality.
Throughout the natural areas, wetlands will be bored using horizontal directional drilling
which allows us to avoid environmental impacts. Where the ground surface would be
West Main Natural Open Gas House Pipeline Meeting Replacement Summary Project Report
disturbed, Xcel Energy will re-seed the impacted area with a native seed mix, improving the
condition of the natural areas.
It Will depends this project on the be contractor built in phases? who is ultimately hired to do the work. If the contractor has
multiple crews, there would be multiple work zones. In 2013, we plan to start construction at
the southern end of the route in Loveland at 14th Street Southwest and work our way north
along Wilson Avenue, West 57th Street, and South Shields Street up to South College
Avenue and East Horsetooth Road in Fort Collins.
In 2014, we anticipate installing the remainder of the new pipeline in Fort Collins from South
College Avenue and East Horsetooth Road to the northern terminus just past South
Timberline Road and East Mulberry Street ending at East Vine Drive.
What In theory, is the our lifetime new pipeline of the could new pipeline? last forever if it is maintained, monitored and protected
correctly. We will conduct internal pipeline inspection with state-of-the-art Inline Inspection
equipment prior to placing the pipeline in-service. The steel pipeline also will be coated to
prevent corrosion by natural elements. As an additional safety measure, all pipelines will be
installed with cathodic protection (CP).
CP is a technique used to control the corrosion of a metal surface. CP systems are
commonly used to protect steel storage tanks and pipelines. Once in operation, we will use a
continuous monitoring corrosion prevention program. Our control center monitors our
pipelines 24 hours a day, 7 days a week for any integrity issues. The high pressure pipeline
also will be inspected on annual, semi-annual and quarterly intervals, and the entire pipeline
will undergo an internal inspection at least every seven years.
Does Xcel Energy have a successful history of using Inline Inspection tools to test and
monitor We have its successfully pipelines? been using this technology for 15 years to monitor our pipelines. In
fact, Inline Inspection testing determined that the current pipeline needed to be replaced.
How We work will with this local impact businesses my business? and chambers of commerce prior to and during construction
to create and provide informational signage for business that may be directly impacted. Our
free signage informs potential customers that businesses are open during construction,
provides information about alternate access to the businesses, how to get more information
about the project, and how long construction may affect the businesses.
West Open Main House Natural Meeting Gas Summary Pipeline Report Replacement Project
Does Xcel Energy have flexibility to adjust construction timing to avoid impacting a
We seasonal typically business? don’t tell our contractors when to install certain segments of our pipelines.
However, we will work with businesses on a case-by-case basis to minimize impacts. We
also make sure that businesses remain accessible during construction.
When will a decision be made about routing the pipeline along either East Drake Road
and We are Stover still studying Street or the along final East alignment Horsetooth alternatives Road? for the 16-inch pipeline along three
possible routes: East Horsetooth Road and South Timberline Road; East Drake Road and
Stover Street; or East Drake Road and McClelland Drive. We continue to work closely with
city officials to determine the final alignment and hope to have a decision by early 2013.
Will Xcel Energy build new bike lanes along East Horsetooth Road or in the natural
areas Xcel Energy after the is not construction responsible process? for deciding if new bike lanes will be constructed in any of the
areas where we install our pipelines. We are in discussions with the city of Fort Collins about
the possibility of providing mitigation funding for the use of easements through natural areas.
However, the city is responsible for determining the best use for that funding. The city is
currently considering placing a new bike path over the pipeline route in natural areas along
South Shields Street, but the decision is ultimately up to the city of Fort Collins.
1
Attachment 7: Land Conservation and Stewardship Board Minutes
Public Service Company of Colorado’s (Xcel) Presentations and Attendance Dates at the
Land Conservation Stewardship Board Meetings
October 10, 2012………………………………………………………………………………….2
September 12, 2012………………………………………………………………………………6
August 10, 2012…………………………………………………………………………………13
ATTACHMENT 7
2
Minutes
LAND CONSERVATION & STEWARDSHIP BOARD
Regular Meeting
DATE: October 10, 2012
LOCATION: 215 N. Mason, West Entrance, Conference Room 1-A
TIME: 6:00 p.m.
For Reference: Trudy Haines, Chair - 225-2760
Aislinn Kottwitz, Council Liaison - 692-9915
Mark Sears, Staff Liaison - 416-2096
Board Members Present – Linda Stanley, S. Kathryn Grimes, Kent Leier, Linda Knowlton, K-
Lynn Cameron, Trudy Haines, Ed Reifsnyder
Board Members Excused – Michelle Grooms, Scott Quayle
Staff Present – John Stokes, Daylan Figgs, Rick Bachand, Courtney Bennett
Guests – Miesha Gibson (CSU Student), Ian Cotten (CSU Student), Lindsay Ex (CFC Planning),
Dan Weinheimer (City Manager’s Office), Randy Blank (Xcel Energy), Stephanie Phippen
(Tetra Tech), Dan Tekavec (Xcel ROW Project Manager)
I. Xcel Gas Line Update
Daylan Figgs: The same group from last week is here to provide another update on the
alignment of the Xcel pipeline. We are not asking for a recommendation, we want to address any
questions, comments, or concerns.
Randy Blank: Do you want to go through a quick version of the proposed alignment for those of
you who weren’t here?
Trudy Haines: If you could take a couple of minutes that would help me.
Randy Blank: Basically, there were 5 natural areas we were considering crossing. For business
reasons and to assist our work with Natural Areas we decided to remove Cathy Fromme from the
alignment. We did an economic study and either way we have to bore, whether it’s Shields Street
or Cathy Fromme Natural Area. Access into Cathy Fromme from the north side is very difficult
and we would have to take out most of the mature trees in the northeast corner. We decided to go
with the Shields Street alignment rather than going through the open space. We don’t anticipate
having future conflicts with other utilities because we will bore deep into Shields.
Trudy Haines: Are you going under the street or to the east of the street?
Randy Blank: We’ll be in the middle or south bound lane.
Kathryn Grimes: How can that be less expensive?
3
Randy Blank: We have to bore either way, so the difference in cost is taking out the trees,
building an access road, and mitigating verses boring in the street and using traffic control.
Kathryn Grimes: Is it more expensive to repair it under the road or under Cathy Fromme?
Randy Blank: It’s a heavy, state of the art, wall pipe with an abrasion resistance coating.
Regardless of where we put it, we don’t anticipate having to access it. It’s a transmission line not
a distribution line so it doesn’t require a lot of service.
Ed Reifsnyder: How long would you be in the stretch?
Randy Blank: Good question, it’s hard to say but not more than a month.
Dan Tekavec: The fossil creek crossing also falls in the flood plain, so we will have to do a
design to meet flood plain requirements.
Kathryn Grimes: How far down will you have to bore?
Randy Blank: We think about 20ft under the box culvert.
Daylan Figgs: If you start at the south end of the project, nothing has changed as you come
across Coyote Ridge, Colina Mariposa, or Hazaleus. The biggest change is that it will no longer
come across Cathy Fromme Prairie.
Trudy Haines: Are you still considering paying for a paved trail going along Colina Mariposa
down to Loveland?
Randy Blank: There are many different mitigation components. There may be some additional
money for the easement that the City can use however they wish. We have a meeting coming up
to discuss the different components.
Trudy Haines: From a public perception stand point, something really visible, like a trail, could
go a long way to help mitigate the frustration, something visible and tangible.
Dan Teckavec: Your approval process is new for us and we are anxious to meet next week to get
something finalized. We don’t want to be known for building the trail but the mitigation value
can be used to help pay for a trail. That is how we would like to approach it.
Daylan Figgs: We can bring that part of the package to the Board at a later date including the
amount of money Xcel will be providing for mitigation.
Stephanie Phippen: We’ve delineated the edges of all of the wetlands in the Natural Areas we
will be crossing at this point. We are working with the Corps of Engineers to make sure we are
completely avoiding impacts in those areas by boring underneath. The information about where
the wetlands are and the process used to map them is part of our application and will be provided
to Daylan and staff. There is also a requirement that we survey for sensitive species, we worked
with Fish and Wildlife, and that information will also be included in the application. Based on
our analysis we are avoiding all of the wetlands and sensitive species.
Randy Blank: The other Natural Area being crossed is King Fisher on the north end, basically
from the Poudre River south to just north of Bath Nursery. The alignment of our pipeline is
supposed to go in the road ROW verse the natural area. As you go north and Timberline curves
to the northeast, our alignment will hopefully remain straight north. What we are planning and
hoping to do is bore from south of the levy (1000ft south of the Poudre River) underneath King
Fisher and come up on the north side of the Poudre. We are still working with the City of Fort
Collins to get a permit. Stephanie and others have been working with FEMA and the Corps of
Engineers to design the bore so it doesn’t compromise the integrity of the levy.
K-Lynn Cameron: So it still hasn’t been determined? You haven’t gotten the go ahead?
Stephanie Phippen: We are still in the early stages and waiting to see how it unfolds. We are a
couple of weeks out in providing a package to the City of Fort Collins to show that the boring
will not affect the levy. We have to take it step-by-step and see how long it takes.
4
Daylan Figgs: There is the possibility we will have to realign the pipeline outside of the ROW
and request an easement. We’re not planning on it but we are recognizing it is a possibility.
Kathryn Grimes: You said it was using the road ROW, they road might widen someday. How
will that affect widening the road with the pipeline under it?
Randy Blank: The actual ROW has been obtained for the future build-out of Timberline; we
will be in the road ROW but west of the proposed lanes.
Trudy Haines: What is the safety issue if you go under a road?
Randy Blank: This is a high pressure pipeline and we want to be in a location where we are
limiting the activity around it for safety. Third party damage increases if you’re in a road ROW.
Kathryn Grimes: Have you done all of the geological studies to show this is possible? Randy
Blank: We’ve done 15 core drills and we have a dozen more to do. It is better to be in bedrock
verse loose cobble because the loose cobble tends to cave in and it doesn’t create a void you can
pull the pipe through.
Dan Tekavec: On the north side of the river there is a property owned by Stark. It is a piece of
land we are going to have a lot of activity on including the bore. We’ve approached Stark for a
long term lease, at least a couple of years. I’m bringing it up because we might have a common
interest in the property. We’ve approached the landowner, they aren’t very excited about a lease
because it’s up for sale and the amount of encumbrances we would have, plus their trailer storage
agreement complicates the situation. They would prefer the property be purchased so we are
exploring all of the options including acquiring it in partnership with the City for the City’s
future use. We’ve drawn on a 300ft buffer; it gives you a visual idea of the City’s interest in the
property along the river.
Linda Knowlton: Does the city have any interest in the property John?
John Stokes: We would be interested at a minimum in the 300ft buffer. North of the 300ft buffer
I’m not sure. I think there are some different options we could consider. We are definitely
interested if we can work something out with Xcel and Lee Stark.
Dan Tekavec: We are going to meet to see if we can work something out.
Linda Stanley: How long has it been for sale? The price is probably much higher / somewhat
higher than the appraisal?
Dan Tekavec: Yes, and I just heard a number of years.
Trudy Haines: Do you know how much it is?
Dan Tekavec: Their asking price is 1.6 million. We just received an appraisal on the property for
$915,000
Ed Reifsnyder: How many acres?
Dan Tekavec: A little over 12 acres. We don’t have an interest in owning and retaining the
property. If we had to we would consider buying it, knowing the City’s interested presents an
opportunity to partner on the property, and we would consider contributing a fair amount of the
value for the right to use it for the time we need it.
Ed Reifsnyder: What is the two years?
Dan Tekavec: That is the amount of time we will need for the project, we will use the site for a
temporary construction office, storage, and construction access.
Daylan Figgs: There is a public meeting hosted by Xcel on October 25
th
Randy Blank: It is going to be at the Lincoln Center for 4pm–7pm
Stephanie Phippen: If you know people that have concerns please invite them to attend or point
them to a few sources. We’ve been sending out notecards to get the word out, there is an
announcement on the Natural Area’s website including a map and a link, there is a press release
5
on the Fort Collin’s website, we are using social media outlets, and it’s in the NA newsletter. We
have ads going out in the Coloradoan and the Northern Colorado Business Report and one other.
Randy Blank: We have a meeting a week from tonight with Larimer County. We are going
through the 1041 permitting process, so we’re meeting with the Planning Commission and we’re
meeting with the County Commissioners on the 3
rd
of December.
Stephanie Phippen: The development review team has given the recommendation to approve
the application and now it’s going to the Planning Commission.
Ed Reifsnyder: Who would be the recipient of the money for mitigation projects?
John Stokes: Probably different departments because it will be mitigation that pertains to
different domains. For example if there is disturbance in a natural area we would get mitigation
funds. Streets will get mitigation for damage done to the streets. It depends.
Linda Stanley: Is the mitigation limited to what the actual costs are?
John Stokes: I can’t speak for other departments, but we have a really long easement policy that
helps us calculate damages which go beyond actual costs.
6
Minutes
LAND CONSERVATION & STEWARDSHIP BOARD
Regular Meeting
DATE: Wednesday, September 12, 2012
LOCATION: 215 N. Mason, West Entrance, Conference Room 1-A
TIME: 6:00 p.m.
For Reference: Trudy Haines, Chair - 225-2760
Aislinn Kottwitz, Council Liaison - 692-9915
Mark Sears, Staff Liaison - 416-2096
Board Members Present – Scott Quayle, Linda Stanley, S. Kathryn Grimes, Kent Leier Linda
Knowlton (acting Chair), K-Lynn Cameron
Board Members Excused – Trudy Haines, Michelle Grooms, Ed Reifsnyder
Staff Present – John Stokes, Mark Sears, Daylan Figgs, Tawnya Ernst, Courtney Bennett
Guests – Claire Thomas (City’s Communications Office - Mason Corridor Communications),
Dan Tekavec (Xcel Energy, ROW Project Manager), Randy Blank (Xcel Energy, Public Service
Co. of Colorado), Stephanie Phippen (Tetra Tech, Senior Geoscientist)
Xcel Gas Line Update
(Xcel discussion before representatives arrived)
Mark Sears: We had a very thorough meeting with Xcel yesterday; we are going through a very
iterative and evolving process. What you’re going to hear about tonight is not a final decision, it
is still very preliminary. Some aspects are getting honed in really well and some aspects are
really up in the air. So far, Xcel has been very good to work with, very open and very honest and
we’ve tried to do the same. We will come back to you in October and will hopefully be back in
December with a final recommendation that you would make to Council.
Linda Knowlton: When does it go to council? Is it on their planning calendar?
Daylan Figgs: The intent right now is to get it to Council in January.
Mark Sears: January or February at the latest. We had two Council work sessions scheduled
before then but they were canceled. Council is putting a lot of trust in staff to bring them an
acceptable package. We are keeping them informed about what is going on through memos.
Mark Jackson is the lead person in Transportation. Mark Jackson, Marty Heffernan, Rick Richter
(Engineering), Daylan and myself are very involved. It puts some pressure on the Boards and
Staff to make sure we’ve negotiated well and can put together a good acceptable package. I’m
very confident that we can do that, Xcel wants to complete the work as cleanly as possible and
understands it is a huge impact to the community. They understand they are going to have a huge
7
impact on our streets as well as our Natural Areas. I asked them to bring strip maps so you can
visually follow along.
Linda Stanley: Do you guys feel pretty good about it?
Daylan Figgs: As Mark said there are still some questions we have to answer. There are a couple
of questions we won’t know the answer to until spring, questions around raptor nests and coyote
dens. Those types of details still need to be worked out.
Mark Sears: Cathy Fromme is the most sensitive. When we met yesterday they cried uncle and
said they would go down the middle of the road. From the Natural Areas perspective I think that
is a win. From the perspective of the community as a whole, I’m not sure if is it a good thing or
not?
K-Lynn Cameron: What road?
Mark Sears: Down the middle of Shields which will be very disruptive and very expensive. I’m
not sure that is where they are going to land but they are realizing that going into Cathy Fromme
is going to be more difficult than they thought. They were thinking they could bore under more
than they can. Everything south of Cathy Fromme minus a couple of minor issues is worked out.
There are still a lot of questions about going across King Fisher. They are in an existing
easement so we have less control over what they do even though they are trying very hard to
accommodate and minimize any and all impacts. They are willing to bore under most of King
Fisher. We only have a half an hour scheduled, so we want your input but we don’t need a final
decision tonight. We certainly want to hear your input, they will listen, Daylan and I will take
note, and we will bring you back a more complete plan.
Linda Knowlton: We will have at least two more chances. Keep in mind that we don’t have to
know everything tonight.
Daylan Figgs: As we go through the maps I will point out the areas in question. In weighing the
road vs Cathy Fromme, there is a way they can go through the site, it would be an open cut. I
will point out the area and have Xcel describe the option. They can’t bore all the way through
Cathy Fromme as they were hoping.
K-Lynn Cameron: Why can’t they?
Daylan Figgs: Geology and the angle of the bore.
Linda Knowlton: I assume they will be having some public meetings?
Daylan Figgs: The first public meeting is scheduled for early October and there may be another
meeting in December.
(Xcel Discussion with Xcel Representatives)
Xcel Representative Introductions:
Randy Blank, Xcel Energy, Project Manager
Dan Tekavec, Xcel Energy, ROW Project Manager
Phil Mazur, Western States Land Services, Inc. Assisting with ROW
Stephanie Phippen, Tetra Tech, Senior Goescientist / Project Manager, helping with permitting
and the Natural Areas Easement Application
Daylan Figgs: Using the strip maps we are going to step through the easement and point out
where it affects our Natural Areas. The maps start at 57
th
Street in Loveland and heads north, so
we will move through the easement from the south to the north.
8
Randy Blank: We presented to this Board over a year ago so you all have a general idea about
the project. The purpose of the project is to replace the existing 8” mainline that feeds the City.
Daylan Figgs: The first NA’s property affected is McKee Farm which is now part of Coyote
Ridge. The location of the existing gas line is our preferred route. There is a coyote den that sits
right off the route. Our City Code has some set-back requirements if the den is occupied. We had
great horned owls and a kestrel nesting in our trees last year so that could potentially result in
additional set-backs. If these aren’t occupied the pipeline will be replaced and the existing
easement will remain. If they are occupied we can move outside the buffer zone, move the gas-
line, and move the easement or bore underneath.
Randy Blank: Or install the pipeline during a time that doesn’t affect the wildlife.
Daylan Figgs: The easement across the property is a blanket easement so they can put the gas
line anywhere. We are going to narrow the easement down to the actual alignment and redefine
the easement.
Linda Stanley: If you don’t use the existing route would that easement be removed?
Daylan Figgs: The easement will be narrowed to where ever the gas line ends up.
Linda Stanley: What kind of habitat is in the area?
Daylan Figgs: The blue area on the map is delineated wetland and it is well outside the footprint.
This is a grassland that has been somewhat restored, it’s crested wheat grass, not the best grass
from a wildlife standpoint. There is an area that has never been planted, it’s pretty weedy but
there are some native remnants. There’s an area with a dog-town and a pretty nice plant
community. For either alignment, from a vegetation standpoint, there’s not a whole lot in the
way. A plant survey was conducted and there are no threatened or rare plants in the area.
Kathryn Grimes: Is the coyote den continuously used?
Daylan Figgs: Right now we don’t know the status of the den. There is a good chance it’s not
occupied which would be great because I would rather stay in that general location.
Randy Blank: So would we.
Daylan Figgs: If it is unoccupied it becomes easy. If it’s occupied for a specific window of time
it may allow Xcel the opportunity to go in without changing the construction schedule.
Randy Blank: We discussed moving the easement to the south edge of the wheat field.
Daylan Figgs: This is part of the Sauer Farm Lease, a wheat farm. We would like to see the gas
line come across the wheat farm instead of diagonally. This is a farm that will eventually be
restored to grassland, so 50 years down the road when it’s being fixed or 200 years down the
road when it’s being replaced there will be minimal impact.
Kathryn Grimes: Will there be servicing areas? Areas where service vehicles will need to park?
Randy Blank: It will be uninterrupted for the most part, they need to survey it once a year but it
will be a person walking.
Daylan Figgs: It will come out the wheat farm, across Shields to an existing above ground
station. The area is actually leased and there isn’t an easement. It’s leased by Xcel and we are
going to convert it to an easement. It’s a 10 year lease continually renewed.
K-Lynn Cameron: What NA is this a part of?
Daylan Figgs: Colina Mariposa. Coming across Colina Mariposa there is a wetland they’re
going to bore under. There will be disturbance from the bore pit but the wetland won’t be
affected and there will be an open cut area that will be restored.
Scott Quayle: How far will you bore down? Does it depend on the geology?
9
Randy Blank: It does depend on that. They use a slurry-mud mixture as a lubricant and it can
come to the surface if you’re too shallow. Generally, if we are open trenching we want a
minimum of four feet of cover. The trench itself is about 6ft deep; it’s a 16” pipeline.
Kathryn Grimes: What length of construction do you have going at one time, a mile, a half
mile?
Randy Blank: Probably, ¼ mile. What they do is weld it above ground, trench adjacent to the
pipeline, lower it in on a daily basis, and backfill behind it. It will take a while for restoration but
it will be backfilled and leveled.
Dan Tekavec: You will see our crews out head in segments, re-staking the right-of-way,
identifying the perimeter, putting in barriers for our storm water permitting requirements, and
then you’ll see a segment under construction.
Kathryn Grimes: How far ahead do they usually go?
Dan Tekavec: We don’t like to get too far ahead. It tends to disappear if we get too far ahead,
we like to stay coordinated. One of the things we will need to do is determine access to the
easements. There will be increments where we will have traffic plans directing construction
vehicles into and out of the easement.
Randy Blank: In the access point we will stay within the 75ft corridor, we will not be extending
out beyond that.
Daylan Figgs: There will be a 50ft permanent easement and a 25ft temporary easement for
construction. The area is mostly smooth brome, so we will get a chance to do some restoration.
They will bore under wetland which is the most sensitive area. Next it will go around a regulator
station that drops pressure for distribution. We will grant a small easement to connect these two
because a pipeline needs to feed the regulator station. Then it will cross another wetland which
they will bore under continuing up Colina Mariposa to Trilby. There are some access issues we
need to work out and going over the top of Platte River’s transmission lines poses some
problems.
Randy Blank: We will probably be boring underneath.
Daylan Figgs: Getting trucks over the top.
Dan Tekavec: We need to work with PRPA to find out what is appropriate. We need to find out
if we should we add filling so we can get our equipment over it.
Daylan Figgs: We may be affecting small areas that have been disturbed and restored in the past
to get across this line. We don’t know what the answer is just yet; it’s one of the details to be
worked out. Then we move into Hazaleus.
Dan Tekavec: This is one of the ideal entrance points for construction to the south and to the
north. That will be the primary entrance; we will design a construction traffic plan so all of the
construction traffic will be funneled one direction, come out another appropriate access point
either to the north or south, and minimize any impacts outside of the right-of-way.
Daylan Figgs: Hazaleus is pretty much a smooth brome field at this point. There is a nice
vegetation community as you move uphill, they can bore underneath that and come out on the
other side. There are some nesting raptors; it is usually a red-tailed hawk, so we will have to time
the work appropriately. From the natural progression of the project they will most likely be
coming through after July 15
th
so it shouldn’t pose a problem. After Hazaleus the project moves
on to private property for a stretch and then to Cathy Fromme.
Randy Blank: We’ve wanted to get an easement on Cathy Fromme since we started. In looking
at it closer, the engineering logistics are going to make it difficult to do any long bores through
this section without some pretty major disruption and damage such as taking out trees, especially
10
on the north end. We’ve discussed going into Shields through this segment but we wanted to
talk to this Board about it. We have the two options; the only portion we can bore is the north
section underneath burns tributary. Regardless, we would have to open cut, so we are looking for
your input.
Kathryn Grimes: What prevents you from going on the eastside of the road?
Randy Blank: It is developed and there are other utilities on the east side.
Mark Sears: This is a discussion we got into with Rick Richter (transportation lead) yesterday.
Shields Street right now is three lanes, two lanes, one each direction and a turn lane. It is very
likely that someday it will be four lanes with turn lanes and bike lanes on each side. The location
of the gas line would likely be the back edge of the future sidewalk. Therefore this portion of
Cathy Fromme Prairie could become street right-of-way. Rick had no way to predict when that
would occur. We could work with Xcel to completely avoid this area and turn around and have it
disturbed anyway.
Linda Knowlton: Is it in the Transportation Plan?
Mark Sears: Yes but we don’t know the time frame. Natural Areas has bought up and conserved
most of the areas between here and Loveland. As a result there is very little future development
potential left in that Shields Street corridor. It could be argued that we aren’t going to see a
significant increase in traffic.
Kathryn Grimes: Can you describe bore pit?
Randy Blank: It is the tie in location between a bored section and an open trench section. In
order for the tie-in to take place it needs to be a wider area maybe 10ft to 15ft wide and 50ft
long, so they can line up the pipe and get a good weld.
Scott Qualye: Are the engineering costs deterring you from boring in this area?
Randy Blank: There are not a lot of access points; we need an access point somewhere on the
north side of the creek. We would most likely have to remove some trees on the north end.
K-Lynn Cameron: If you bore?
Randy Blank: If we bore or open trench.
Linda Knowlton: How long would Shields be impacted?
Randy Blank: Our engineering contractor thinks they could keep two-way traffic going with a
reduced speed limit; most of our equipment would be on the west side and traffic would be
pushed to the eastside.
Linda Stanley: What is the difference in cost between the two routes?
Randy Blank: Shields Street would be more expensive but not prohibitive.
Daylan Figgs: They are required by the easement policy to provide the cost difference between a
mile of pipe in the road and a mile in the natural area so we understand the cost difference.
Linda Knowlton: Next time the cost analysis will be done.
Daylan Figgs: If you have a preference now or are leaning in a particular direction it would be
good to know.
Linda Stanley: I think it’s important to talk about compensation for going through the natural
area, if we are compensated with something we really want for the program.
Daylan Figgs: It would be compensated and mitigated according to our easement policy.
K-Lynn Cameron: I would like to know the difference between the two.
Mark Sears: What I’m hearing is they are not adamant about going through Cathy Fromme. We
can consider going through Cathy Fromme Prairie depending on the impacts and mitigation.
Kathryn Grimes: It would be good to see a compensatory mitigation package.
11
Linda Stanley: Since you’re in an urban NA there is more of a trade-off, there is disturbance
already there.
Daylan Figgs: That brings to light the fact that we need to know the cost difference.
Linda Knowlton: You’ll be having public meetings and getting public input.
Stephanie Phippen: We had two, one in February and one in March. We have got a lot more
detailed information now and we are in the planning stages with the City. It looks like it will take
place in late October at the Lincoln Center.
Linda Knowlton: I can’t stress strongly enough how important it is to let the affected public
know.
Stephanie Phippen: We’ve been talking with Daylan and Mark Jackson about the best way to
conduct outreach, different mailing lists, and volunteer lists. In this case we recognize the NA
users encompass a larger area and we need to make sure we are reaching out to them.
Linda Knowlton: When I talk about Front Range students I’m thinking about people that
commute.
Daylan Figgs: There is definitely a transportation component.
K-Lynn Cameron: As you get further down the road, thinking about mitigation, it would be
good to get some public feed-back about what the trade-off might be.
End of the South Part of the Project
Daylan Figgs: Starting at Timberline and Prospect, King Fisher NA is the affected property. The
existing gas line comes down Timberline Road but a whole piece of King Fisher is a dedicated
ROW that has already been granted. Xcel wants to keep it in the existing ROW but move it to the
edge out from under the asphalt. There is an existing gravel pond an old gravel mine site. Right
now Randy is thinking some of this will be open cut and some will be bored.
Randy Blank: If it gets too close to the edge of the pond we will bore under it.
Daylan Figgs: It gets into the water in a few spots. Some could be cut and some bored. It is a
restored gravel mine, it was never reseeded but there is some good nice vegetation, rocky, sandy
soils. Part of King Fisher is restored, and there are two issues Randy is going to describe. There
is a levy causing some problems with the design. Ideally they would bore all the way across with
no surface disturbance. That’s the hope, depending on the outcome of permitting with the levy.
K-Lynn Cameron: Is the levy there for flood plane?
Daylan Figgs: There may have to be some open cutting to get around the levy and bore from
there.
Randy Blank: Our hope is to start a few hundred feet south of the levy, make one long shot, get
under the Poudre, and not disturb any of it.
K-Lynn Cameron: Would you possibly be compromising the levy?
Stephanie Phippen: We can show that it won’t compromise the levy but there are so many
different agencies that need to buy off on that, we’re concerned that it might turn into a longer
process than we can afford to wait – the Corps of Engineers, FEMA, CO Department of Natural
Resources, ultimately it is the City of Fort Collins’ decision because they built and operate the
levy. The other agencies have some level of review as part of their certification program.
Mark Sears: To me it could be open cut and rebuilt.
K-Lynn Cameron: What about boring under?
Mark Sears: You don’t want to create a way for water to get under it. With proper geotechnical
engineers they could create a plug around the pipe.
12
Randy Blank: The mud used in directional drilling fills all the voids around the pipe.
Dan Tekavec: There are already a number of utilities under the levy including electric and a low
gas line. They were built prior to the building of the levy.
Daylan Figgs: Everything in King Fisher is in an existing easement; no new easements will be
granted but we there will be some realigning. We will ask Xcel to vacate an easement and move
the gas line over.
Linda Knowlton: What happens to existing line?
Randy Blank: We will abandon in place, it is purged of any gas using a foam pig, and capped. It
is sealed but not filled.
Daylan Figgs: That’s the end of it. Is there anything that made you really uncomfortable about
the alignment or any questions around Cathy Fromme or King Fisher?
Linda Knowlton: I appreciate you trying to anticipate all of the potential problems in the
Natural Areas and that you’re sensitive to that.
13
MINUTES
CITY OF FORT COLLINS
LAND CONSERVATION & STEWARDSHIP BOARD
Regular Meeting
August 10, 2010
DATE: Wednesday, August 10, 2011
LOCATION: 215 N Mason Street, Conference Room 1-A
TIME: 6:00 p.m.
For Reference: Trudy Haines, Chair - 225-2760
Aislinn Kottwitz, Council Liaison - 692-9915
Mark Sears, Staff Liaison - 416-2096
Board Members Present - S. Kathryn Grimes, Michelle Grooms, Trudy Haines, Linda Stanley
Board Members Excused –
K-Lynn Cameron, Linda Knowlton, John Mitchell, Juli Germany
Staff Present – Daylan Figgs, Geri Kidawski, Mark Sears, John Stokes
Guests –
Eric Sutherland, Citizen
Meghan Trujillo, Team Lead – Planner, Xcel Energy
Phil Mazur, SR/WA Western States Land Services, Inc. – ROW Agent for Xcel
Randy Blank, Project Engineer, Xcel Energy
Todd Anderson, Area Manager, Xcel Energy, Community and Local Government Affairs
________________________________________________________________________
Public Service Company’s Gas Line Replacement Project
• Sears: As staff starts to work with Xcel on refining alignments, looking at various options
and trying to minimize potential impacts, Xcel and staff will at some point report back to
this Board on the proposed alignments and agreements for you to recommend to City
Council for approval. We are also recommending for Xcel to make a similar presentation
to City Council prior to them seeking a final decision from City Council.
• Mazur: Since 2010 we have been actively pursuing this project. Our goal tonight is to
introduce you to this project and show the routing of the Loveland to Fort Collins Tie
line. We are also required to go through a 1041 process with Larimer County.
Mazur showed the Board a Power Point presentation which included maps of the area and the
following:
Shaft – Fossil Creek Station
Fossil Creek Tie Line Route at Shields to the West
14
Fossil Creek Station Site East Side of South Taft
Trilby Station
Votech Station
Maps included:
Proposed routes A, B, and C for the High Pressure Gas Line
Relocation/Replacement – Loveland/Fort Collins Tie Line.
• Grimes: What time line are you talking about?
• Trujillo: For us the overall scale will be three to five years.
• Grimes: What is the useful life of this pipe?
• Trujillo: We have a twenty year broadcast on this pipe and it could last up to fifty years.
• Grimes: Why wouldn’t you use the 8 inch pipe along with the 16 inch pipe?
• Trujillo: Because the 8 inch pipe has come to its useful life and after installing the 16
inch pipe we will not longer feel comfortable using the 8 inch pipe, it will be a
redundancy.
• Haines: What happens to the 8 inch pipe?
• Trujillo: Currently we are accessing its safety because the pipe has come to its useful life,
which has been about eighty years and it will be abandoned in place by filling it with
flow fill concrete
• Grooms: What is the cost of this project?
• Trujillo: The cost is 150 million dollars; in 2010 we decided to budget for this project.
• Grimes: What will be the deciding factor for which route you’ll use, and when will you
make your decision?
• Mazur: The proposed route is A-1 and we’d like to begin surveying the route, so I have
plans and descriptions that I would like to work with Mark and Daylan on.
• Grooms: My concern is that you make sure that there will be little or no impact on Cathy
Fromme Prairie Natural Area.
• Sears: The impacted area can be restored but it could take ten years to do it.
• Grooms: Who would do the restoration?
• Sears: Typically Xcel would do the initial restoration re-grading, re-seeding and re-
planting and then they would contract with us to continue the restoration, and that is what
we are proposing with Xcel.
• Grooms: How far underground will Xcel bore?
• Trujillo: It depends on the area we need to bore under.
• Haines: What will happen around the Kingfisher Point?
Mazur showed the Board a map of Kingfisher Point and surrounding area and where the existing
8 inch pipe line is located and where the pipe line’s new route will be aligned.
• Haines: I appreciate the horizontal drilling and the sensitivity to the natural areas and
although restoration is an option it takes a long time. The citizens of Fort Collins have
chosen to tax themselves to pay for open space so any time there is a disturbance to the
land there is concern, so from a PR standpoint I would like to see Xcel consider helping
with some type of assistance to the natural areas program.
• Trujillo: As an option we thought of funding a future bike trail to ease our disturbance to
the Natural Area.
• Grimes: In the way of PR there should be good notification to the public as to what is
happening on the natural area that you are working on.
15
• Mazur: We will have multiple public meetings along the way, and we post the 1041 as
part of the public process.
• Grimes: Many people do not come to the meeting for what ever reason or don’t hear
about the meeting so it still would be a good idea to have something posted in the natural
area.
• Grooms: How far north is the 16 inch pipe line going?
• Trujillo: It will go as far as Vine Street. So that the public will be educated about this
project we created a web site, we also have flyers that will go out to homes/businesses
near work sites and there is a hotline one can call with questions.
• Sears: If we anticipate any controversy we may bring it back in the interim to the Board,
however if this is something we feel that we can support and we feel the Board would
support then we will continue to work with Xcel until they are near final design.
ORDINANCE NO. 008, 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 COYOTE RIDGE
NATURAL AREA TO PUBLIC SERVICE COMPANY OF COLORADO
WHEREAS, the City is the owner of three parcels of real property located in Sections 22 and
27, Township 6 North, Range 69 West of the 6th Principal Meridian, County of Larimer, State of
Colorado, identified in County records as parcel numbers 96220-00-901, 96220-00-902 and 96270-
00-910, which are part of Coyote Ridge Natural Area (the “City Property”); and
WHEREAS, Public Service Company of Colorado, (“PSCo”) has requested a non-exclusive
utility easement and a temporary construction easement (together, the “Easements”) on portions of
the City Property for the benefit of its West Main High Pressure Natural Gas Line Replacement
Project (the “Project”); and
WHEREAS, the portion of the Project for which the Easements are needed consists of the
installation of a new underground natural gas pipeline and related fixtures and improvements running
from Loveland north through Fort Collins to Vine Drive as part of a larger system encompassing
Larimer, Weld and Boulder counties; and
WHEREAS, the proposed utility easement would be 50 feet wide, would contain a total of
six acres, and would run parallel to South Shields Street in the location shown and described on
Exhibit “A”, attached and incorporated herein by reference (the “Utility Easement”); and
WHEREAS, the proposed temporary construction easement includes two areas totaling 2.7
acres, as well as a 25-foot wide area covering three acres adjacent and parallel to the Utility
Easement, as shown and described on Exhibits “B-1”, “B-2” and “B-3” attached and incorporated
herein by reference (collectively, the “Temporary Construction Easement”); and
WHEREAS, a portion of the Project would be built within a much larger blanket utility
easement that PSCo already owns over the south portion of the City Property; and
WHEREAS, in exchange for the grant of the Utility Easement, PSCo has agreed to greatly
reduce the size of the blanket easement upon completion of the pipeline construction on the City
Property, and to enter into a new easement agreement with the City for that portion of the Property
that better meets current City standards; and
WHEREAS, as mitigation and compensation for the proposed easements described above,
as well as additional easements across three other natural areas that the City Council is being asked
to approve by separate ordinances, PSCo has also agreed to pay the City $2,000,000 in mitigation
funds; and
WHEREAS, the mitigation funds would include $83,557 in compensation for the requested
easements on all the Natural Areas properties at an average value of $5,515 per acre for permanent
easements and $880 per acre for temporary construction easements; and
WHEREAS, PSCo would also be required to restore any impacts to the City Property from
the Project in accordance with the Natural Areas Department’s Resource Protection Standards, and
pay restoration maintenance fees and ecosystem impact fees; and
WHEREAS, City staff recommends that the City Council authorize the granting of the
Easements as described in this Ordinance; and
WHEREAS, Section 23-111(a) 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 City's conveyance to PSCo of the
Easements on the City Property 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 Easements to PSCo and revise the existing blanket easement on the south
portion of the City Property, 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
-2-
Passed and adopted on final reading on the 5th day of February, A.D. 2013.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
-3-
ORDINANCE NO. 009, 2013
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF AN EXCLUSIVE UTILITY EASEMENT,
A NON-EXCLUSIVE UTILITY EASEMENT AND A TEMPORARY CONSTRUCTION
EASEMENT ON COLINA MARIPOSA NATURAL AREA TO
PUBLIC SERVICE COMPANY OF COLORADO
WHEREAS, the City is the owner of two parcels of real property located in the west half of
Section 14, Township 6 North, Range 69 West of the 6th Principal Meridian, County of Larimer,
State of Colorado, identified in County records as parcel numbers 96140-00-903 and 96140-00-923,
which are part of Colina Mariposa Natural Area (the “City Property”); and
WHEREAS, Public Service Company of Colorado, (“PSCo”) has requested an exclusive
utility easement, a non-exclusive utility easement and a temporary construction easement
(collectively the “Easements”) on portions of the City Property for the benefit of its West Main High
Pressure Natural Gas Line Replacement Project (the “Project”); and
WHEREAS, the portion of the Project for which the Easements are needed consists of the
installation of a new underground natural gas pipeline and related fixtures and improvements running
from Loveland north through Fort Collins to Vine Drive as part of a larger system encompassing
Larimer, Weld and Boulder counties; and
WHEREAS, the proposed non-exclusive utility easement would be 50 feet wide, contain six
acres, and run parallel to South Shields Street as shown and described on Exhibits “A-1” and “A-2”,
attached and incorporated herein by reference (the “Pipeline Easement”); and
WHEREAS, the proposed exclusive utility easement would be for an existing above-ground
valve set that is currently located within a lease area subject to which the City acquired the City
Property; and
WHEREAS, the exclusive utility easement, which would cover .14 acres, is shown and
described on Exhibit “B”, attached and incorporated herein by reference (the “Valve Set Easement”);
and
WHEREAS, in exchange for the grant of the Valve Set Easement, PSCo has agreed to
terminate the existing lease for the valve set area upon completion of the work on the City Property;
and
WHEREAS, the proposed temporary construction easement includes five small areas totaling
approximately .26 acres and one larger area covering .65 acres, as shown and described on Exhibits
“C-1” through “C-6” attached and incorporated herein by reference, as well as a 25-foot wide area
covering 3 acres adjacent and parallel to the Utility Easement, as shown and described on Exhibits
“C-7” and “C-8” attached and incorporated herein by reference (collectively, the “Temporary
Construction Easement”); and
WHEREAS, as mitigation and compensation for the proposed easements described above,
as well as additional easements across three other natural areas that the City Council is being asked
to approve by separate ordinances, PSCo has agreed to pay the City $2,000,000 in mitigation funds;
and
WHEREAS, the mitigation funds would include $83,557 in compensation for the requested
easements on all the Natural Areas properties at an average value of $5,515 per acre for permanent
easements and $880 per acre for temporary construction easements; and
WHEREAS, PSCo would also be required to restore any impacts to the City Property from
the Project in accordance with the Natural Areas Department’s Resource Protection Standards, and
pay restoration maintenance fees and ecosystem impact fees; and
WHEREAS, City staff recommends that the City Council authorize the granting of the
Easements as described in this Ordinance; and
WHEREAS, Section 23-111(a) 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 City's conveyance to PSCo of the
Easements on the City Property 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 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
-2-
Passed and adopted on final reading on the 5th day of February, A.D. 2013.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
-3-
ORDINANCE NO. 010, 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 HAZALEUS NATURAL AREA
TO PUBLIC SERVICE COMPANY OF COLORADO
WHEREAS, the City is the owner of a parcel of real property located in the southwest quarter
of Section 11, Township 6 North, Range 69 West of the 6th Principal Meridian, County of Larimer,
State of Colorado, identified in County records as parcel numbers 96113-00-908 96140-00-903 and
96140-00-923, also known as Hazaleus Natural Area (the “City Property”); and
WHEREAS, Public Service Company of Colorado, (“PSCo”) has requested a non-exclusive
utility easement and a temporary construction easement (collectively the “Easements”) on portions
of the City Property for the benefit of its West Main High Pressure Natural Gas Line Replacement
Project (the “Project”); and
WHEREAS, the portion of the Project for which the Easements are needed consists of the
installation of a new underground natural gas pipeline and related fixtures and improvements running
from Loveland north through Fort Collins to Vine Drive as part of a larger system encompassing
Larimer, Weld and Boulder counties; and
WHEREAS, the proposed non-exclusive utility easement would be 50 feet wide, contain 3.8
acres, and run parallel to South Shields Street as shown and described on Exhibit “A”, attached and
incorporated herein by reference (the “Pipeline Easement”); and
WHEREAS, the proposed temporary construction easement includes one larger area covering
1.4 acres, a second area covering 2.2 acres, three small areas totaling approximately .096 acres, and
a 25-foot wide area adjacent and parallel to the Utility Easement containing 1.9 acres, as shown and
described on Exhibits “B-1”through “B-6” attached and incorporated herein by reference
(collectively, the “Temporary Construction Easement”); and
WHEREAS, as mitigation and compensation for the proposed easements described above,
as well as additional easements across three other natural areas that the City Council is being asked
to approve by separate ordinances, PSCo has agreed to pay the City $2,000,000 in mitigation funds;
and
WHEREAS, the mitigation funds would include $83,557 in compensation for the requested
easements on all the Natural Areas properties at an average value of $5,515 per acre for permanent
easements and $880 per acre for temporary construction easements; and
WHEREAS, PSCo would also be required to restore any impacts to the City Property from
the Project in accordance with the Natural Areas Department’s Resource Protection Standards, and
pay restoration maintenance fees and ecosystem impact fees; and
WHEREAS, City staff recommends that the City Council authorize the granting of the
Easements as described in this Ordinance; and
WHEREAS, Section 23-111(a) 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 City's conveyance to PSCo of the
Easements on the City Property 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 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
ORDINANCE NO. 011, 2013
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF TWO NON-EXCLUSIVE UTILITY
EASEMENTS ON KINGFISHER POINT NATURAL AREA
TO PUBLIC SERVICE COMPANY OF COLORADO
WHEREAS, the City is the owner of a parcel of real property located in Sections 17 and 18,
Township 7 North, Range 68 West of the 6th Principal Meridian, County of Larimer, State of
Colorado, identified in County records as parcel number 87173-00-922, which is part of Kingfisher
Point Natural Area (the “City Property”); and
WHEREAS, a gas pipeline and an underground electrical line owned by Public Service
Company of Colorado, (“PSCo”) are currently located on the City Property in an undeveloped 100-
foot public road right-of-way that was dedicated to the City in 1973; and
WHEREAS, the existing gas pipeline is also located within an easement or license area
created by a 1962 agreement, subject to which the City purchased the City Property; and
WHEREAS, PSCo is planning to construct the West Main High Pressure Natural Gas Line
Replacement Project, consisting of the installation of a new underground natural gas pipeline and
related fixtures and improvements running from Loveland north through Fort Collins to Vine Drive
as part of a larger system encompassing Larimer, Weld and Boulder counties (the “Project”); and
WHEREAS, as part of the Project PSCo plans to install a new underground natural pipeline
within the undeveloped right-of-way on the City Property; and
WHEREAS, the City’s Natural Areas Department is in the process of requesting that the
undeveloped right-of-way on the City Property be vacated; and
WHEREAS, if the right-of-way is vacated, PSCo would need easements from the City for
its new gas line as well as for the existing electrical line; and
WHEREAS, the two proposed non-exclusive utility easements (the “Easements”) would each
be 50 feet wide and run parallel to each other approximately within the area that is now right-of-way;
and
WHEREAS, the precise location of the Easements would be surveyed and legal descriptions
prepared following completion of the pipeline work on the City Property; and
WHEREAS, in exchange for the grant of the Easements, PSCo has agreed to terminate or
vacate its rights under the 1962 agreement; and
WHEREAS, as mitigation and compensation for the proposed easements described above,
as well as additional easements across three other natural areas that the City Council is being asked
to approve by separate ordinances, PSCo has agreed to pay the City $2,000,000 in mitigation funds;
and
WHEREAS, the mitigation funds would include compensation of $83,557 for the requested
easements on all the Natural Areas properties at an average value of $5,515 per acre for permanent
easements and $880 per acre for temporary construction easements; and
WHEREAS, PSCo would also be required to restore any impacts to the City Property from
the Project in accordance with the Natural Areas Department’s Resource Protection Standards,
although all the work on this City Property is expected to be done by boring, so no surface
disturbance is anticipated; and
WHEREAS, City staff recommends that the City Council authorize the granting of the
easements as described in this Ordinance; and
WHEREAS, Section 23-111(a) 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 City's conveyance to PSCo of the
Easements on the City Property 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 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
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Passed and adopted on final reading on the 5th day of February, A.D. 2013.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
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