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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 02/05/2013 - SECOND READING OF ORDINANCE NO. 012, 2013, AUTHORIDATE: February 5, 2013 STAFF: Jon Haukaas Lindsay Kuntz AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 15 SUBJECT Second Reading of Ordinance No. 012, 2013, Authorizing the Conveyance of a Non-Exclusive Utility Easement and a Temporary Construction Easement on City Utility Property to Public Service Company of Colorado. EXECUTIVE SUMMARY Public Service Company of Colorado has planned the West Main High Pressure Natural Gas Line Replacement Project to install an underground 16-inch high pressure gas transmission pipe from southwest Loveland north through Fort Collins to Vine Street. This Ordinance, unanimously adopted on First Reading on January 15, 2013, authorizes a utility easement and a temporary construction easement across the eastern portion of two properties owned by the City for stormwater purposes located adjacent to McClelland Drive. Construction of the pipeline will occur during a similar timeframe as the construction of the MAX Bus Rapid Transit project improvements within McClelland Drive. The majority of the pipeline will be bored underneath the City property to avoid above-grade disturbances. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. Copy of First Reading Agenda Item Summary - January 15, 2013 (w/o attachments) COPY COPY COPY COPY ATTACHMENT 1 DATE: January 15, 2013 STAFF: Jon Haukaas Lindsay Kuntz AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 16 SUBJECT First Reading of Ordinance No. 012, 2013, Authorizing the Conveyance of a Non-Exclusive Utility Easement and a Temporary Construction Easement on City Utility Property to Public Service Company of Colorado. EXECUTIVE SUMMARY Public Service Company of Colorado (“PSCo”), has planned the West Main High Pressure Natural Gas Line Replacement Project to install an underground 16-inch high pressure gas transmission pipe from southwest Loveland north through Fort Collins to Vine Street. As part of this Project, PSCo is requesting a utility easement and a temporary construction easement across the eastern portion of two properties owned by the City for stormwater purposes located adjacent to McClelland Drive. Construction of the pipeline will occur during a similar timeframe as the construction of the MAX BRT improvements within McClelland Drive. The majority of the pipeline will be bored underneath the City property to avoid above-grade disturbances. BACKGROUND / DISCUSSION The West Main High Pressure Natural Gas Line Replacement Project is an important part of PSCo’s service plan to upgrade the existing natural gas transmission system along the northern Colorado Front Range with new natural gas pipelines that meet current safety, service, capacity, and reliability requirements while also meeting the increasing demand for natural gas in Larimer County. The existing 83-year old natural gas pipelines have reached the end of their service lives, require safety upgrades, and cannot reliably keep up with growing system demand to deliver natural gas. The City owns two parcels of land located south of West Swallow Road and just west of McClelland Drive for stormwater purposes. The north parcel is known as Tract B of South Meadowlark Heights Third Subdivision and the south parcel is known as Tract A of Warren Farms, 3rd Filing. Both of these parcels were dedicated to the City when the subdivisions were platted. A public trail runs through a portion of the properties connecting the adjacent neighborhoods to the City’s trail system. PSCo’s proposed pipeline route will run adjacent and parallel to the eastern border of the City property. This alignment is preferred by both PSCo, as well as City staff, as it will reduce street infrastructure impacts and traffic interruptions during construction. PSCo representatives have consulted with City staff on the proposed alignment and construction schedule. Construction of this segment of the pipeline will coincide with the construction of the MAX BRT improvements in McClelland Drive, thereby helping to minimize traffic disturbances. A section of the pipeline will be installed with an open trench on the south side of the City property, while the majority of the line will be bored approximately twelve feet underground to avoid trails and the area used for stormwater detention. The temporary construction easement will be used for constructing the utility improvements within the adjacent utility easement area. PSCo plans to have the installation completed by September 2013. FINANCIAL / ECONOMIC IMPACTS PSCo will be required to compensate the City for the value of the easements, as well as, for staff time for processing the easements. The estimated total compensation is $5,500, but the final compensation will be calculated and paid by PSCo prior to the conveyance of the easement. In addition, PSCo will be required to restore the affected areas after completion of their work. ENVIRONMENTAL IMPACTS The project has been designed to avoid all environmentally sensitive areas. The new pipeline significantly reduces the possibilities of line failure and gas leakage. Once construction is completed and any surface disturbance has been restored, the project is not expected to have any impact to the area. COPY COPY COPY COPY January 15, 2013 -2- ITEM 16 STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BOARD / COMMISSION RECOMMENDATION On December 20, 2012, the Water Board voted unanimously to recommend conveyance of a permanent utility easement and temporary construction easement on the City properties to PSCo. ATTACHMENTS 1. Location Map 2. PSCo Pipeline Project - McClelland Route 3. Water Board Minutes, December 20, 2012 ORDINANCE NO. 012, 2013 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF A NON-EXCLUSIVE UTILITY EASEMENT AND A TEMPORARY CONSTRUCTION EASEMENT ON CITY UTILITY PROPERTY TO PUBLIC SERVICE COMPANY OF COLORADO WHEREAS, the City is the owner of two parcels of real property located west of McClelland Drive and north of Horsetooth Road in Fort Collins, Colorado, identified in County records as parcel numbers 97264-21-901 and 97264-36-901 (the “City Property”), and used for stormwater purposes; and WHEREAS, Public Service Company of Colorado, (“PSCo”) has requested a utility easement and a temporary construction easement (the “Easements”) on the City Property for the benefit of its West Main High Pressure Natural Gas Line Replacement Project; and WHEREAS, the proposed Easements would be used to install an underground natural gas pipeline as part of a transmission pipe running from Loveland north through Fort Collins to Vine Drive; and WHEREAS, the proposed utility easement, which is 50 feet wide and covers 1.6 acres, is described and shown on Exhibits “A-1” and “A-2”, attached and incorporated herein by reference; and WHEREAS, the proposed temporary construction easement, which covers 1.4 acres, is described and shown on Exhibits “B-1” and “B-2”, attached and incorporated herein by reference; and WHEREAS, PSCo will compensate the City $5,500.00 for the Easements and for staff processing time; and WHEREAS, the majority of the pipeline on the City Property will be bored underground to avoid City improvements and the area used for stormwater detention; and WHEREAS, City staff has identified no negative impacts to the City resulting from the granting of the Easements; and WHEREAS, PSCo’s payment for the Easements and the improved pipeline will provide a benefit for the citizens of the City; and WHEREAS, Section 23-111 of the City Code provides that the City Council is authorized to sell, convey, or otherwise dispose of any and all interests in real property owned in the name of the City, provided that the City Council first finds, by ordinance, that such sale or other disposition is in the best interests of the City and, with respect to real property that is part of the City’s water or utility systems, that the disposition will not materially impair the viability of the particular utility system as a whole and will be for the benefit of the citizens of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby finds that the City's conveyance to PSCo of the Easements on the City Property as provided herein is in the best interests of the City, will not materially impair the viability of the City’s stormwater system as a whole, and will be for the benefit of the citizens of the City. Section 2. That the Mayor is hereby authorized to execute such documents as are necessary to convey the Easements to PSCo on terms and conditions consistent with this Ordinance, together with such additional terms and conditions as the City Manager, in consultation with the City Attorney, determines are necessary or appropriate to protect the interests of the City, including, but not limited to, any necessary changes to the legal descriptions of the Easements, as long as such changes do not materially increase the size or change the character of the Easements. Introduced, considered favorably on first reading, and ordered published this 15th day of January, A.D. 2013, and to be presented for final passage on the 5th day of February, A.D. 2013. _________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on the 5th day of February, A.D. 2013. _________________________________ Mayor ATTEST: _____________________________ City Clerk