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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 10/04/2016 - FIRST READING OF ORDINANCE NO. 113, 2016, AUTHORIZAgenda Item 5 Item # 5 Page 1 AGENDA ITEM SUMMARY October 4, 2016 City Council WITHDRAWN FROM CONSIDERATION STAFF Helen Matson, Real Estate Services Manager Ken Sampley, Stormwater/Floodplain Program Mgr SUBJECT First Reading of Ordinance No. 113, 2016, Authorizing the Conveyance of a Permanent Stormwater Easement on City Property at the Gardens on Spring Creek to Colorado State University. EXECUTIVE SUMMARY The purpose of this item is to authorize the conveyance to Colorado State University of a permanent stormwater easement on City property at the Gardens on Spring Creek. Colorado State University (CSU) needs to construct a water quality pond to handle the flows from its new construction at CSU, including the new stadium. The Center Outfall Water Quality Pond (Pond) will be constructed on land owned by CSU, as well as on a portion of the City's property at the Gardens on Spring Creek. The Pond will handle flows from both entities. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION In 2013, the City’s Water Quality Master Plan was adopted by Council. This Master Plan included the Spring Creek Basin Water Quality Master Plan. The Master Plan included proposed improvements in the CSU Sub- basin. These proposed improvements included a Proprietary Mechanical BMP (best management practice) to be installed underground at Prospect and Burlington Northern Railroad. With this mechanical device, the water is treated underground; the device requires more maintenance and is less efficient. The Master Plan also included plans for a Ropes Water Quality Pond. This Pond was planned to be much smaller and would only be constructed on City property. To more efficiently handle the area flows, staff members from the City and CSU worked together on the design of a larger pond that will accept more flows than if both entities developed smaller ponds. Most of the land area of the Pond will be on CSU land; however the flows being handled by the Pond will be approximately the same in volume for both CSU and the City. Previously the City’s Parks Planning and Development (PPD) had been included in these discussions, but PPD had not communicated with CSU for some time. Staff delayed taking this item to Council to incorporate design considerations for PPD. These changes include:  The spillway has been shortened to 35 feet long and relocated to the southeast area of the pond, which also results in a shorter spillway slope.  Spillway material will be sandstone blocks, stepped down in a pleasing fashion.  The trail spur is reconfigured to move it away from Spring Creek at the southeast portion, and possibly expansion in the southwest triangle.  The length of the trail spur, except for spillway, is above the 100-year base flood elevations  Ten-foot trail and three foot shoulders with a 3:1 side slopes works with all these changes, and allows the cut and fill in floodway to balance. Agenda Item 5 Item # 5 Page 2  The top of the berm where the concrete trail will be built will be graded and seeded in this project. Concrete trail, fence and other trail materials will be constructed as a future project. CSU will be constructing the Pond and pay the upfront costs, estimated to be between $400,000 and $500,000; CSU will then bill the City for its share. The split of the project cost will be based on flow spillage. The City will reimburse CSU out of a future budget for stream rehabilitation and water quality budget. CSU will perform the necessary maintenance on the Pond. CITY FINANCIAL IMPACTS The total cost of constructing the pond is estimated to be between $400,000 and $500,000. The City will reimburse CSU for 48% of the costs of construction, as approximately 48% of the flows into the pond will be the City’s flows. Working together on the Center Outfall Water Quality Pond is advantageous for both the City and CSU. This combined Pond will handle more flows for the area than if each entity built a smaller pond. If the Center Outfall Water Quality Pond was not being constructed, the City would need to build more water quality ponds, which would require more land and more money. The City’s cost to build its own pond and proprietary mechanical BMP in this area would be approximately $300,000 Due to the benefits being provided by granting this easement to construct the larger Pond, staff does not recommend charging CSU for this easement. BOARD / COMMISSION RECOMMENDATION At its August 24, 2016 meeting, the Parks and Recreation Board voted 8–0 to recommend approval of the easement and found it appropriate to utilize this portion of the City’s land to develop and construct the water quality pond and trail connectivity with the City’s assistance in the design and neighborhood outreach. ATTACHMENTS 1. Location map (PDF) 2. Parks and Recreation Board minutes, August 24, 2016 (PDF) COLORADO STATE UNIVERSITY PROPERTY CITY OF FORT COLLINS PROPERTY GARDENS AT SPRING CREEK HILTON HOTEL FUTURE WATER QUALITY POND FUTURE WATER QUALITY POND BAY RD CENTRE AVE BAY DR CENTER AVE Easement Location ± Location Map of Easement to CSU at Center Outfall Water Quality Pond ATTACHMENT 1 Parks & Recreation Board Meeting – August 24 2016 Page 1 of 2 BE A GOOD STEWARD: Protect & Respect your Parks, Trails & Recreation Facilities Meeting Summary • The Board was informed that CSU is ready to start work on a portion of their Master Plan regarding Centre Avenue Outfall Water Quality Pond & Trail Planning which will create a water quality pond, providing a Stormwater quality benefit before water reaches Spring Creek. The development and construction of the pond would encroach into a portion of the northeast corner of City property which will be developed into Lilac Park. CSU would like to request help from the P&R Board and other boards for a positive outcome to use this portion of land for the Water Quality Pond and Bay Farm Trail extension. The timeframe is accelerated due to the neighborhood expectation to be further developed, and the challenges due to the floodway. Neighborhood meetings are planned in the near future. This Water Quality Pond and the Bay Farm Trail extension will be developed before Lilac Park. Motion: Bruce Henderson made a motion - The P&R Board finds that it would be appropriate for CSU to utilize this portion of the City’s land to develop and construct the water quality pond and trail connectivity with the City’s assistance in the design and immediate neighborhood outreach. Discussion: None Second: Ragan Adams Vote: 8:0 in favor Full Minutes AGENDA ITEMS: Lilac Park Update The Gardens on Spring Creek and the area noted as Lilac Park was land originally owned by CSU; which was a land transfer to the City in exchange for the trials garden area off of College Avenue; which was vetted through the Natural Areas Board and adopted by Council in 2012. Through CSU’s Master Plan they are ready to start work on the Centre Avenue Outfall Water Quality Pond & Trail Planning which will create a water quality pond, providing a stormwater quality benefit before water reaches Spring Creek. The pond will be northeast of the Spring Creek Trail & Gardens on Spring Creek and west of Centre Avenue, and the trail will link the Spring Creek Trail at the Gardens on Spring Creek to the Bay Farm Trail that goes through CSU campus. Along with the proposed Bay Farm trail extension would be a proposed trail underpass of the Bay Farm trail at Prospect and Centre Avenue. The development and constructions of the pond would encroach into a portion of the northeast corner of City property which will be developed into Lilac Park. CSU would like to request help from the P&R Board and other boards for a positive outcome to use this portion of land for the Water Quality Pond and Bay Farm Trail extension. The timeframe is excelerated due to the neighborhood expectation to be further developed, and the challenges due to the floodway. Neighborhood meetings are planned in the near future. This Water Quality Pond and the Bay Farm Trail extension will be developed before Lilac Park. Discussion Board – Are you working with the Gardens on Spring Creek? Staff – Yes, the Gardens has been involved and looking forward to the improvements this development will make. It will enhance the visitors’ connectivity to the Gardens; and will provide opportunities in partnering with CSU and Natural Areas for classes at the Gardens. Board – If this is a floodway how does that affect the Lilac Park? Are other Parks in floodways? Staff – Yes, there are other parks in floodway areas. The only affect is structures can’t be built in the floodway. PARKS AND RECREATION BOARD MINUTES Regular Meeting Wednesday, August 24, 2016 5:30 p.m. Board Chair: Scott Sinn - 2016 scott.sinn@ymail.com Council Liaison: Gino Campana – gcampana@fcgov.com Staff Liaisons: Mike Calhoon, 970-416-2079 – mcalhoon@fcgov.com Kurt Friesen, 970-221-6618 – kfriesen@fcgov.com Bob Adams, 970-221-6354 – badams@fcgov.com ATTACHMENT 2 Parks & Recreation Board Meeting – August 24 2016 Page 2 of 2 Board – What do the neighbors expect? CSU – We’re not sure yet, normally we would have had outreach discussions, but those discussions are planned in the very near future. Board – What is the timeframe for constructions? CSU – Because the area is a floodway, construction would start in the fall/winter of 2016/2017 before spring runoff would be a concern. Board – What’s the size of the spillway? CSU – The berm would be 9’ maximum on the east and into the pond at 4’ it’s a 3-1 slope and about 100’ in length. The pond would only detain a 2 year storm event before flowing over the spillway. It’s not a flood control detention pond; it’s being developed for water quality control into Spring Creek. Board – What do you need from the Board? CSU – A statement that it’s appropriate for CSU to use this City land and as strong proponents work with Kurt Friesen for trail development. Board – Do we have a motion? Motion: Bruce Henderson made a motion - The P&R Board finds that it would be appropriate for CSU to utilize this portion of the City’s land to develop and construct the water quality pond and trail connectivity with the City’s assistance in the design and immediate neighborhood outreach. Discussion: None Second: Ragan Adams Vote: 8:0 in favor Additional Comments from Kurt Friesen, Director of Park Planning & Development pertaining to this project after review of the minutes: There were some conditions to approval of the Lilac Park project that aren’t described clearly enough. These are: 1. The project must provide for future safe trail connections to Spring Creek Trail 2. The project will support a shared CSU/City of FC Stormwater water quality pond on a portion of the park property. 3. The future trail section must be improved from what is currently shown 4. Outreach to the surrounding neighbors will occur regarding the future park project. Board Attendance Board Members: Ragan Adams, Mary Carlson, Brian Carroll, Bruce Henderson, Kenneth Layton, Scott Sinn, Kelly Smith, Dawn Theis Staff: Bob Adams, Mike Calhoon, Kurt Friesen, Carol Rankin, Coleen Elliott, Michelle Provaznik, Clark Mapes, Ken Sampley Guest: CSU Representatives: Fred Haberecht, Landscape Architect -1- ORDINANCE NO. 113, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF A PERMANENT STORMWATER EASEMENT ON CITY PROPERTY AT THE GARDENS ON SPRING CREEK TO COLORADO STATE UNIVERSITY WHEREAS, the City is the owner of property known as the Gardens on Spring Creek, more particularly described as Tract A, Centre for Advanced Technology 22nd Filing, Community Horticulture Center, Fort Collins, Larimer County, Colorado (the “City Property”); and WHEREAS, the City and Colorado State University (CSU) have been working on the design of water quality pond for the Spring Creek Basin that would be located partially on the City Property and partially on CSU property, and would accept flows from both CSU’s property and other properties in the area (the “Center Outfall Water Quality Pond” or “Pond”); and WHEREAS, the Pond would be more efficient and handle more flows from the area than if the City and CSU built separate ponds; and WHEREAS, CSU would be responsible for construction and maintenance of the Pond, and would pay the upfront costs of construction, estimated to be between $400,000 and $500,000, with the City reimbursing CSU for 48% of such costs; and WHEREAS, in order to construct the Pond, CSU requires an easement on the City Property in the location described and shown on Exhibit “A”, attached and incorporated herein by reference (the “Easement”); and WHEREAS, the City’s cost to build its own pond and proprietary mechanical best management practice (BMP) would be approximately $300,000, and the fair market value of the Easement is approximately $2,130; and WHEREAS, because the cost savings to the City from not having to build its own pond exceed the amount the City will pay for construction of the Center Outfall Water Quality Pond and the value of the Easement combined, City staff is recommending that the City not charge CSU for the Easement; and WHEREAS, Section 23-111(a) of the City Code authorizes the City Council to sell, convey or otherwise dispose of any interest in real property owned by 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: -2- Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the City Council hereby finds that the City’s conveyance of the Easement to CSU as provided herein is in the best interests of the City. Section 3. That the Mayor is hereby authorized to execute such documents as are necessary to convey the Easement to CSU 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 description of the Easement, as long as such changes do not materially increase the size or change the character of the interest to be conveyed. Introduced, considered favorably on first reading, and ordered published this 4th day of October, A.D. 2016, and to be presented for final passage on the 18th day of October, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 18th day of October, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk SITUATE IN THE NORTH HALF OF SECTION 23, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO EXHIBIT A DATE: 09.13.2016 DRAWN BY: LHG CHECKED BY: DLS www.olssonassociates.com TEL 303.237.2072 FAX 303.237.2659 4690 Table Mountain Drive, Suite 200 Golden, CO 80403 R PATH: F:\ Projects\ 015-2343\ 40-Design\ Survey\ Sheets\ 2016-09-13_Pond Easement.dwg SHEET 1 OF 2 EXHIBIT A: WATER QUALITY POND EASEMENT LEGAL DESCRIPTION: A PARCEL OF LAND TO BE DEDICATED AS A WATER QUALITY POND EASEMENT BEING A PART OF TRACT A, CENTRE FOR ADVANCED TECHNOLOGY 22ND FILING, AS DEPICTED IN THE PLAT RECORDED APRIL 2, 2003 AT RECEPTION NUMBER 20030039524, SITUATED IN THE NORTH HALF OF SECTION 23, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 23, BEING MONUMENTED BY A 3.25" ALUMINUM CAP STAMPED "PLS 17497," FROM WHICH THE NORTHEAST CORNER OF SAID SECTION, BEING MONUMENTED BY A 3.25" ALUMINUM CAP STAMPED "PLS 17497," BEARS S89°38'54"E WITH A DISTANCE OF 2655.63 FEET AS MEASURED IN THE FIELD WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE S33°22'38"E A DISTANCE OF 1261.41 FEET TO A POINT ON THE NORTHERLY LINE OF SAID TRACT A THAT LIES S62°08'08"W A DISTANCE OF 2218.89 FEET FROM SAID NORTHEAST CORNER OF SECTION 23, SAID POINT BEING ALSO THE POINT OF BEGINNING; THENCE FROM THE POINT OF BEGINNING S04°08'46"W A DISTANCE OF 58.35 FEET; THENCE S11°32'50"W A DISTANCE OF 201.75 FEET; THENCE S29°20'04"E A DISTANCE OF 31.25 FEET; THENCE S46°09'27"W A DISTANCE OF 22.18 FEET; THENCE S80°22'04"W A DISTANCE OF 68.98 FEET TO SAID NORTHERLY LINE OF TRACT A SAID POINT BEING ALSO A NON-TANGENT CURVE TO THE RIGHT; THENCE ALONG SAID NORTHERLY LINE OF TRACT A THE FOLLOWING FOUR (4) COURSES: 1) 147.34 FEET ALONG THE ARC OF SAID CURVE, SAID ARC HAVING A RADIUS OF 148.89 FEET, A CENTRAL ANGLE OF 56°41'53" AND BEING SUBTENDED BY A CHORD WHICH BEARS N02°33'24"E A DISTANCE OF 141.40 FEET TO A POINT OF TANGENCY; 2) N30°40'41"E A DISTANCE OF 140.40 FEET TO A POINT OF CURVE TO THE RIGHT; 3) 59.71 FEET ALONG THE ARC OF SAID CURVE, SAID ARC HAVING A RADIUS OF 300.00 FEET, A CENTRAL ANGLE OF 11°24'13" AND BEING SUBTENDED BY A CHORD WHICH BEARS N36°22'49"E A DISTANCE OF 59.61 FEET TO THE POINT OF BEGINNING. CONTAINING 19,323 SQUARE FEET OR 0.444 ACRES, MORE OR LESS. DANA L. SPERLING PROFESSIONAL LAND SURVEYOR COLORADO LICENSE NUMBER 38012 D A N A L . S P SITUATE IN THE NORTH HALF OF SECTION 23, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO EXHIBIT A DATE: 09.13.2016 DRAWN BY: LHG CHECKED BY: DLS www.olssonassociates.com TEL 303.237.2072 FAX 303.237.2659 4690 Table Mountain Drive, Suite 200 Golden, CO 80403 R PATH: F:\ Projects\ 015-2343\ 40-Design\ Survey\ Sheets\ 2016-09-13_Pond Easement.dwg SHEET 2 OF 2 NOTE: THIS EXHIBIT DOES NOT REPRESENT A MONUMENTED LAND SURVEY. IT IS INTENDED ONLY AS A GRAPHIC DEPICTION OF THE ATTACHED LEGAL DESCRIPTION. EXHIBIT A: WATER QUALITY POND EASEMENT D A N A L . S P E R L I N G P R O F E S S I O N A L L A N D S U R V E Y O R C O L O R A D O L I C E N S E D 0' SCALE IN FEET 25' 50' E R L I N G P R O F E S S I O N A L L A N D S U R V E Y O R C O L O R A D O L I C E N S E D