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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 03/05/2013 - FIRST READING OF ORDINANCE NO. 042, 2013, AUTHORIZDATE: March 5, 2013 STAFF: John Stokes, Daylan Figgs Tawnya Ernst AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 18 SUBJECT First Reading of Ordinance No. 042, 2013, Authorizing the Conveyance of a Non-Exclusive Drainage Outfall Easement and a Temporary Construction Easement on Archery Range Natural Area to Cottonwood Land and Farms, LLC. EXECUTIVE SUMMARY Cottonwood Land and Farms is requesting a twenty-foot wide permanent non-exclusive drainage easement and a twenty-foot wide temporary construction easement, both approximately sixty feet in length across a small portion of Archery Range Natural Area. The purpose of the easement is to install a 12-inch buried pipe to convey water from Cottonwood’s East Rigden Pit to the Cache la Poudre River. The buried outfall pipe crossing Archery Range is part of a larger 2,700 linear foot drainage outfall pipe constructed on adjacent properties. The project site is located generally on the “Rigden Pit” property and the “Port of Entry Pit” property northeast of Horsetooth Road and Ziegler Road. Alternatives to this preferred alignment proved prohibitive both from an economic and engineering standpoint. BACKGROUND / DISCUSSION Cottonwood Land and Farms (Cottonwood) operates the East Rigden Pit (Rigden) gravel mine. The Rigden Pit is located west of the Lafarge-operated Port of Entry Pit (POE) which is adjacent to the Archery Range Natural Area. As part of the reclamation of the Rigden Pit, Cottonwood is planning to drain a portion of the gravel pit back into the Cache la Poudre River. In late 2012, the Natural Areas Department (NAD) was contacted by the Sanitas Group on behalf of Cottonwood to request a non-exclusive drainage easement across the extreme southwestern portion of Archery Range (see Attachment 2). The easement will be used to convey the water to the Poudre River via a buried pipeline. The current topography does not allow a gravity outfall from Rigden to the River. As a temporary solution, the drainage from Rigden is currently pumped from the pit into the adjacent POE Pit and eventually released to the River (Attachment 3). However, the POE pit is currently in the process of being filled, so a long-term drainage system for Rigden is needed as part of Cottonwood’s mining permit. Numerous alternatives were reviewed as part of the design process, and the preferred alternative involves the installation of a lift station and a gravity outfall pipe along the north side of the railroad right of way running east to the River. An easement has already been acquired from Lafarge across the POE pit site; however the buried pipeline must cross Archery Range to outlet to the River (Attachment 2). Cottonwood’s project team has met with Larimer County engineering regarding the proposed project, as well as City of Fort Collins staff regarding the floodplain permitting and master storm drainage concerns, and NAD staff to address staff’s concerns and to collaborate on mitigation efforts for the project. Alternative Analysis The following alternatives were submitted by Sanitas in their alternatives analysis for the project: Alternative 1 (Preferred): Cottonwood will install a lift station at the southeast corner of Rigden to lift water from the former mining pit to the top of bank and outlet the water to the River via approximately 2,700 linear feet (LF) of High Density Polyethylene (HDPE) pipe. The installation of the pipe will provide enough slope for adequate flow, and the use of a smooth wall HDPE pipe will minimize the need for extensive maintenance of the system. The lift station will provide automated control of the water surface elevation. The final 60 linear feet (LF) of the gravity outfall is located on Archery Range at the River, and will require a permanent 20 foot wide easement, as well as an additional temporary construction easement for access for construction activities and mitigation efforts. March 5, 2013 -2- ITEM 18 Alternative 2: Installation of a lift station at Rigden will outlet the water into a constructed open channel along the north side of the railroad to the River. Due to the length of the channel and lack of fall along the stretch, the resulting channel would have minimal slope, as well as need to be rather deep compared to adjacent grade at the eastern end. The resulting channel would have a greater impact on Archery Range and require more maintenance when compared to a pipe. An easement from NAD would still be required. This alternative was determined to not be a reasonable solution due to the extensive impact associated with constructing the open channel, maintenance needs, and did not avoid Archery Range. Alternative 3A: Provide a gravity outfall to the south beneath the railroad and into a proposed water storage reservoir site. This option was previously designed and planned for construction. Once the City became interested in purchasing the reservoir site, this option was no longer feasible due to the City's requirement to prevent additional outside flows from entering the reservoir. Alternative 3B: Construct the gravity outfall beneath the railroad and utilize a lift station to place the flows into an existing storm drainage channel located south of the railroad. This alternative was not desired by the City due to the impact on the reservoir site and potential conflicts and issues in relation to the proposed reservoir liner. Alternative 4: Leave the site in its current state. Currently, the area is drained by a temporary pump and lifts water over a berm and into the existing POE Pit and eventually outfalls into the river. This alternative was not considered a long term solution, as the POE Pit will be filled. Additionally, the temporary pump will need to be replaced with a long term lift station. FINANCIAL / ECONOMIC IMPACTS Cottonwood has paid the $1,500 application fee as required in the Natural Areas and Conserved Lands Easement Policy. Additionally, Cottonwood will pay for the appraised value of the permanent easement, ($109.00 for the 1,898 square foot permanent easement); the value of the temporary easement, ($23.00 for the 2,012 square foot temporary easement); a restoration fee of $269.00 (based on $3,000 per acre) in addition to $40 in-kind mitigation payments for the Ecosystem Impact Fees (E.I.F) for lost Ecological Goods and Services (E.G.S.) due to the project. ENVIRONMENTAL IMPACTS NAD staff has met on site with Sanitas engineers and the owner of Cottonwood to assess the impacts at the proposed location of the easements. The location is in an area that was recently flooded (2010) and consists primarily of non- native species, dominated by crested wheat grass. The entire project is located outside of the ½ mile buffer of a nearby bald eagle nest. The small section of river bank that will be impacted by the project is armored with broken concrete. As a condition of the easement, Cottonwood will be required to acquire clearance letters from the US Fish and Wildlife Service (USFWS) for both Preble’s meadow jumping mouse (Zapus hudonius preblei) and Ute’s ladies tresses (Spiranthes diluvialis) prior to the execution of the easements and will be subject to any additional surveys and mitigation required by the USFWS if either species’ habitat is found to be within the project area. The project will be reclaimed subject to the NAD’s General Resource Protection Standards. Restoration and Mitigation In addition to restoring the easement area to native vegetation at the completion of the project, staff has identified in- kind mitigation efforts that Cottonwood will implement in the project area (Attachment 4). Mitigation efforts will include willow staking along approximately 40 linear feet of the River bank, removing the concrete armoring and replacing with topsoil, and reseeding the approximately 3,910 square foot project site with a native seed mix selected by the NAD to restore the project area to native grasses. March 5, 2013 -3- ITEM 18 STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BOARD / COMMISSION RECOMMENDATION At its February 13, 2013 meeting, the Land Conservation and Stewardship Board voted unanimously to recommend approval of the drainage outfall easement and temporary construction easement on Archery Range Natural Area (see Attachment 5). ATTACHMENTS 1. Archery Range Natural Area Location Map 2. Cottonwood Land and Farms Project Location Map 3. East Rigden Pit and POE Pit Location Map 4. Cottonwood Land and Farms Project Mitigation Area Map 5. Land Conservation and Stewardship Board minutes, February 13, 2013 HIGHWAY 1 COLLEGE HIGHWAY 14 HIGHWAY 287 TERRY LAKE GARFIELD MULBERRYMULBERRY HIGHWAY 287 INTERSTATE25 25 INTERSTATE Archery Range Natural Area Location Map Project Area Larimer County Created by City of Fort Collins Natural Areas - 2013 City Natural Areas ¹ City Open Lands Other Agency Natural Areas ARCHERY RANGE NATURAL AREA 0 0.5 1 2 3 4 Miles Attachment 1 INTERSTATE 25 HARMONY COLLEGE Cottonwood Land and Farms Project Location Project Area Larimer County Created by City of Fort Collins Natural Areas - 2013 Permanent Easement ¹ Temporary Easement City Natural Areas ARCHERY NATURAL RANGE AREA 0 50 100 150Feet Project Area Attachment 2 INTERSTATE 25 INTERSTATE 25 Location Map of East Rigden Pit and POE Pit Project Area Larimer County Permanent2013¹ Easement Created by City of Fort Collins Natural Areas - Temporary Easement City Natural Areas ARCHERY NATURAL RANGE AREA 0 250 500 750 1,000 Feet POE Pit Attachment 3 East Rigden Pit Cottonwood Land and Farms Project Mitigation Area Project Area Larimer County Created by City of Fort Collins Natural Areas - 2013 Permanent Easement ¹ Temporary Easement City Natural Areas ARCHERY NATURAL RANGE AREA 0 20 40 60 80Feet Mitigation Area Attachment 4 DRAFT MINUTES CITY OF FORT COLLINS LAND CONSERVATION & STEWARDSHIP BOARD Regular Meeting DATE: Wednesday, February 11, 2013 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 - K-Lynn Cameron, S. Kathryn Grimes, Michelle Grooms, Trudy Haines, Linda Knowlton, Kent Leier, Scott Quayle, Edward Reifsnyder, Linda Stanley Board Members Excused – Michelle Grooms, Kathryn Grimes Staff Present – John Stokes, Mark Sears, Daylan Figgs, Rick Bachand, Tawnya Ernst, Justin Scharton, Courtney Bennett Guests – Helen Matson (City of Fort Collins RES), Aaron Schlagel (WW Reynolds), Angela Milewski (BHA Design/Woodward), Jerod Huwa (BHA Design), Wayne Timura (Next Level Development/Woodward), Aaron Hawjen (Anderson Consulting Engineers), Dean Klingner (City of Fort Collins Engineering), Rick Richter (City of Fort Collins Engineering) ________________________________________________________________________ Meeting Called to Order by Trudy Haines, Chair – at 6:03 Public Comments – None Agenda Review – John Stokes added Oil and Gas Update to discussion topics (10 – 15 Minutes) Review and Approval of January 9, 2013 Minutes Linda Stanley moved to approve the January 9, 2013 minutes with one grammatical change. Scott Quayle seconded the motion and minutes were approved by the Board. Land Conservation & Stewardship Board Wednesday, February 13, 2013 Page 5 of 12 K-Lynn Cameron: In general I would prefer not to have a sign in a Natural Area, but they have considered the alternatives, it is not a fair overall statement. Trudy Haines: I heard several people say they don’t want a sign in a natural area; I wanted to make it clear. Kent Leier: I feel that way. Trudy Haines: I would rather have NO sign at all if it has to be in a NA. I’ve also heard no formal landscaping, there are concerns about lighting, and there should be no cost to NA. Do we need a memo? Rick Richter: We will put together an overall recommendation to Darin, we will attach and reference the minutes. We’ve heard clearly what you had to say and we appreciate the input. II. East Rigden Pit Drainage Easement, Archery Range Natural Area (Recommendation to Council) Justin Scharton: East Rigden Pit Outfall Easement Action Item. The location of the easement request is on the very southern part of Archery Range NA. Cottonwood Land and Farm has approached NA for the easement so they can complete a pipeline project that will convey water from Cottonwood’s East Rigden Pit to the Cache la Poudre River. The memo explains why the alternatives to entering the NA don’t work. Cottonwood has secured an easement from Lafarge and has requested a 20 ft. wide and 60 ft. long permanent easement and a 20 ft. wide temporary construction easement from Natural Areas. The site is pretty degraded; the bank of the river is armored with concrete; and the area is covered with non-native vegetation including crested wheat grass and weeds. We’ve worked with the developer and engineering firm to create as robust a mitigation plan as possible considering the small size of the area. In the 40’x 60’ mitigation area they will remove the scrap concrete and replace with topsoil, reseed with a native seed mix as directed by NAD, and stake willows in the riparian corridor. K-Lynn Cameron: Was Archery Range originally part of parks? Mark Sears: The property was part of the Resource Recovery Farm acquisition and was an archery range before the acquisition. We manage it from an easement perspective and are the stewards of the river portion. Linda Knowlton moved that The Land Conservation and Stewardship Board recommends that City Council approve a 20 foot wide permanent non-exclusive drainage easement and a 20 foot wide temporary construction easement across Archery Range Natural Area to Cottonwood Land and Farms. K-Lynn seconded the motion. Land Conservation & Stewardship Board Wednesday, February 13, 2013 Page 6 of 12 Discussion on the Motion: Ed Reifsnyder: Is the Rigden pit a working pit? Justin Scharton: It is in the process of being reclaimed and this is part of the process to close the permit. Ed Reifsnyder: Why is water in the pit a problem? Daylan: Sand and gravel pits are required to do an augmentation plan if there is exposed water. If there is an option operators choose to minimize or completely eliminate the exposed ground water. Ed Reifsnyder: Will this be a dry pit or have ground water at a certain level? Daylan Figgs: It will be a flow through pit, similar to what NA has done across the river. Ed Reifsnyder: The only way to get the water out is to pump it out? (Daylan – Exactly) Ed Reifsnyder: Who pays for the pump and maintenance? Justin Scharton: The owner of the property. The pipe will be the only infrastructure on our property. John Stokes: Is the water from the Rigden pit or upstream? (Daylan – McDowell) John Stokes: This pit is collecting water from a series of projects to the west. Someday we may end up in an ownership position on a lot of this property but the previous landowner will be responsible for maintaining the infrastructure. Ed Reifsnyder: Even if we came into possession of it? John Stokes: Typically, yes. They may want to pay us to maintain it. K-Lynn Cameron: They are responsible for the augmentation forever? (John – Yes) Scott Quayle: Once it’s restored would there ever be a need to dig it up? Justin Scharton: They are going to be using long-term materials, 100 year time frame, just the tail-end of the property and a minimum amount of infrastructure. There is also language in the easement that deals with abandonment. Trudy Haines: How much is it going to costs to restore the area? Justin Scharton: There is a slight change in fees compared to what the memo states. The appraised value is $132; there is a $269 restoration fee; and $49 from lost ecosystem goods and services. They are going well above $49 to restore the property. Trudy Haines: How much is it going to cost to restore? Justin Scharton: Don’t that information on-hand, what we’ve required them to do is remove the concrete, bring in top soil, purchase and spread native grass seed, and plant willows in the riparian areas. They are most likely contributing a couple thousand dollars. Trudy Haines: Is there a plan by NA to restore more of the area? Mark Sears: What happens with POE pit is so up in the air that putting money into the site right now is premature. Vote: Motion Unanimously Approved ORDINANCE NO. 042, 2013 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF A NON-EXCLUSIVE DRAINAGE OUTFALL EASEMENT AND A TEMPORARY CONSTRUCTION EASEMENT ON ARCHERY RANGE NATURAL AREA TO COTTONWOOD LAND AND FARMS WHEREAS, the City is the owner of a parcel of real property known as Archery Range Natural Area, which is described on Exhibit “A”, attached and incorporated herein by reference (the “City Property”); and WHEREAS, Cottonwood Land and Farms, LLC (“Cottonwood”) is the owner and operator of the East Rigden Pit gravel mine, located west of the City Property (the “Pit”); and WHEREAS, as part of the reclamation of the Pit, Cottonwood is planning to drain water from the Pit back into the Poudre River; and WHEREAS, Cottonwood is requesting from the City a non-exclusive drainage outfall easement that would be used to convey water from the Pit to the Poudre River via a buried pipeline across the southwestern portion of the City Property, as well as a temporary construction easement; and WHEREAS, the proposed easements are shown and described on Exhibit “B”, attached and incorporated herein by reference (the “Easements”); and WHEREAS, Cottonwood has paid a $1500 application fee to the Natural Areas Department as compensation for City staff’s time to process this request, and would also pay $132 as compensation for the Easements, a restoration fee of $269, and a $40 mitigation payment for lost ecological goods and services due to the project; 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 conveyance of the Easements on the City Property to Cottonwood Land and Farms, LLC 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 Cottonwood Land and Farms, LLC on terms and conditions consistent with this Ordinance, together with such additional terms and conditions as the City Manager, in consultation with the City Attorney, determines are necessary or appropriate to protect the interests of the City or to effectuate the purpose of this Ordinance, including, but not limited to, any necessary changes to the legal description 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 5th day of March, A.D. 2013, and to be presented for final passage on the 19th day of March, A.D. 2013. _________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on the 19th day of March, A.D. 2013. _________________________________ Mayor ATTEST: _____________________________ City Clerk EXHIBIT B Permanent and Temporary Easement