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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 08/16/2016 - FIRST READING OF ORDINANCE NO. 102, 2016, AUTHORIZAgenda Item 14 Item # 14 Page 1 AGENDA ITEM SUMMARY August 16, 2016 City Council WITHDRAWN FROM CONSIDERATION STAFF Helen Matson, Real Estate Services Manager Ken Sampley, Stormwater/Floodplain Program Mgr SUBJECT First Reading of Ordinance No. 102, 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. 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 Agenda Item 14 Item # 14 Page 2 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. ATTACHMENTS 1. Location map (PDF) COLORADO STATE UNIVERSITY PROPERTY CITY OF FORT COLLINS PROPERTY GARDENS AT SPRING CREEK FUTURE OUTFALL POND FUTURE WATER QUALITY POND HILTON HOTEL BAY RD W PROSPECT RD CENTRE AVE BAY DR CENTER AVE Easement Location ± Location Map of Easement to CSU at Center Outfall Water Quality Pond ATTACHMENT 1 -1- ORDINANCE NO. 102, 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 16th day of August, A.D. 2016, and to be presented for final passage on the 6th day of September, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 6th day of September, 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: 06.30.2016 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\ 2016-06-30_Pond Easement.dwg SHEET 1 OF 3 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, %(,1*02180(17('%<$$/80,180&$367$03('3/6%($566 (:,7+$ DISTANCE OF 2655.63 FEET AS MEASURED IN THE FIELD WITH ALL BEARINGS CONTAINED HEREIN 5(/$7,9(7+(5(727+(1&(6 ($',67$1&(2))((772$32,17217+(1257+(5/< /,1(2)6$,'75$&7$7+$7/,(66 :$',67$1&(2))((7)5206$,'1257+($67 CORNER OF SECTION 23, SAID POINT BEING ALSO THE POINT OF BEGINNING; 7+(1&()5207+(32,172)%(*,11,1*6 ($',67$1&(2))((7 7+(1&(6 :$',67$1&(2))((7 7+(1&(1 :$',67$1&(2))((7 7+(1&(6 :$',67$1&(2))((7 7+(1&(6 :$',67$1&(2))((7 7+(1&(6 :$',67$1&(2))((7726$,'1257+(5/</,1(2)75$&7$6$,'32,17 BEING ALSO A NON-TANGENT CURVE TO THE RIGHT; THENCE ALONG SAID NORTHERLY LINE OF TRACT A THE FOLLOWING FOUR (4) COURSES: 1) 138.74 FEET ALONG THE ARC OF SAID CURVE, SAID ARC HAVING A RADIUS OF 149.98 FEET, A &(175$/$1*/(2) $1'%(,1*68%7(1'('%<$&+25':+,&+%($561 ($ DISTANCE OF 133.84 FEET TO A POINT OF TANGENCY; ***LEGAL CONTINUED ON SHEET 2 OF 3*** 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: 06.30.2016 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\ 2016-06-30_Pond Easement.dwg SHEET 2 OF 3 EXHIBIT A: WATER QUALITY POND EASEMENT LEGAL DESCRIPTION (CON'T): 2) 1 ($',67$1&(2))((772$32,172)&859(727+(5,*+7 3) 87.62 FEET ALONG THE ARC OF SAID CURVE, SAID ARC HAVING A RADIUS OF 300.00 FEET, A &(175$/$1*/(2) $1'%(,1*68%7(1'('%<$&+25':+,&+%($561 ($ DISTANCE OF 87.31 FEET TO A POINT OF TANGENCY; 4) 1 ($',67$1&(2))((7727+(POINT OF BEGINNING. CONTAINING 18,536 SQUARE FEET OR 0.426 ACRES, MORE OR LESS. DANA L. SPERLING PROFESSIONAL LAND SURVEYOR COLORADO LICENSE NUMBER 38012 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: 06.30.2016 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\ 2016-06-30_Pond Easement.dwg SHEET 3 OF 3 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 0' SCALE IN FEET 25' 50'