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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 07/05/2016 - SECOND READING OF ORDINANCE NO. 078, 2016, AUTHORIAgenda Item 2 Item # 2 Page 1 AGENDA ITEM SUMMARY July 5, 2016 City Council STAFF Tawnya Ernst, Real Estate Specialist III SUBJECT Second Reading of Ordinance No. 078, 2016, Authorizing the Conveyance of a Sewer Line Easement and a Temporary Construction Easement on Running Deer Natural Area to Boxelder Sanitation District in Exchange for the Vacation of an Existing Easement. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on June 21, 2016, authorizes conveyance of a utility easement and a temporary construction easement to Boxelder Sanitation District on Running Deer Natural Area. Boxelder Sanitation District (BES) provides sanitary sewer service to a portion of Fort Collins residents. An aging and undersized sanitary sewer line that passes through Running Deer Natural Area needs to be replaced to provide for existing and projected residents in their service area. BES and the City have agreed to a realignment of portions of the sewer line and terms to a new easement to minimize the impact to the Natural Area’s vegetation, wildlife and visitors. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, June 21, 2016 (w/o attachments) (PDF) 2. Ordinance No. 078, 2016 (PDF) Agenda Item 5 Item # 5 Page 1 AGENDA ITEM SUMMARY June 21, 2016 City Council STAFF Tawnya Ernst, Real Estate Specialist III SUBJECT First Reading of Ordinance No. 078, 2016, Authorizing the Conveyance of a Sewer Line Easement and a Temporary Construction Easement on Running Deer Natural Area to Boxelder Sanitation District in Exchange for the Vacation of an Existing Easement. EXECUTIVE SUMMARY The purpose of this item is to authorize conveyance of a utility easement and a temporary construction easement to Boxelder Sanitation District on Running Deer Natural Area. Boxelder Sanitation District (BES) provides sanitary sewer service to a portion of Fort Collins residents. An aging and undersized sanitary sewer line that passes through Running Deer Natural Area needs to be replaced to provide for existing and projected residents in their service area. BES and the City have agreed to a realignment of portions of the sewer line and terms to a new easement to minimize the impact to the Natural Area’s vegetation, wildlife and visitors. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION Boxelder Sanitation District (BES) provides sanitary sewer services for a portion of citizens within the City of Fort Collins. BES’s wastewater treatment facility is located immediately south of the Running Deer Natural Area, managed by the City of Fort Collins Natural Areas Department (NAD) (Attachment 1). Due to the location of the treatment facility a number of existing sanitary sewer lines exist within Running Deer NA and were in place at the time of acquisition of the property by the City. As with any utility line, regular maintenance and periodic replacement is required for these lines. This project replaces an aging and undersized line with a new line that will serve existing customers and projected additional customers over the life of the line. The estimated timeline for construction of the project is from May-July 2016. Alignment In initial discussions, BES proposed to replace the existing line within its current alignment. However, the current alignment is directly adjacent to and within riparian habitat along Boxelder Creek. NAD staff was concerned with impacts to the riparian area associated with the replacement of the pipeline and future maintenance of the line. To minimize impacts, NAD staff worked with BES to relocate the new sewer line slightly to the west of the current alignment to place the new sewer line under an existing two-track access road on the eastern border of the former Resource Recovery Pit (Attachment 2). BES worked with NAD to survey the new alignment and conduct needed soil boring assessments to ensure the line could be constructed in the new location. While the initial construction will be more expensive as the sewer line will need to be deeper in its new alignment, it will be the least impactful to the Natural Area and will avoid the sensitive habitat areas. The existing line will be abandoned in place after being properly drained, flushed and sealed. ATTACHMENT 1 Agenda Item 5 Item # 5 Page 2 Wildlife Resource Protection Portions of the construction site are within the ¼ mile and ½ mile protection buffers for an existing bald eagle nest. BES will provide documentation to NAD that they have consulted with the US Fish and Wildlife Service and Colorado Parks and Wildlife to acquire any permits required by the respective agencies necessary to conduct the construction activities on the Site during the duration of the project. Additionally, BES will ensure that all applicable permits will be secured related to ground-nesting or neo- tropical birds, wetlands, or other important natural resources as identified within the City’s General Resource Protection Standards and by other regulatory bodies. Coordination with other City projects A City stormwater improvement project is scheduled to begin in the spring/early summer of 2016. A box culvert will be replaced under Prospect Road during July, necessitating the closure of the road for a period of time. BES is coordinating with the City Stormwater Utility to also install its sanitary sewer line beneath Prospect Road during this timeframe to avoid additional road closures. The City has an active stormwater permit with the Colorado Division of Reclamation Mining and Safety on a portion of the area that the BES line will be installed. BES and the City will work together to ensure compliance of the terms of the permit on the site. Easements BES currently holds easements for the existing sewer line that allow for maintenance and replacement of the existing sewer line. Due to the new alignment being proposed to minimize impacts to the riparian area a new easement is necessary. The new easement will provide a 20-foot wide non-exclusive permanent easement with temporary construction easements that will expire after construction is completed. The new easement will include the latest current City utility easement language such as the Resource Protection Standards and language related to liability and notification to the City. The existing easements that are no longer needed will be vacated. CITY FINANCIAL IMPACTS Since BES has worked cooperatively with NAD to realign the sewer line to minimize impacts to Running Deer and the new easement will allow the City to have more favorable terms in the agreement, NAD has chosen to waive the administrative fees associated with utility easement requests. No ecosystem services impact fees will be assessed due to the fact that the alignment will be within already impacted areas and will not significantly impact the natural systems in the Natural Area with this project. Since BES already has an easement for its sewer line, there will be no charge for the realigned easement which minimizes impacts to the site and is smaller in size. BOARD / COMMISSION RECOMMENDATION At its April 20, 2016 regular meeting, the Land Conservation and Stewardship Board unanimously voted to recommend adoption of the ordinance for a permanent non-exclusive easement and temporary construction easement for the installation of an underground sanitary sewer pipeline by Boxelder Sanitation District on portions of Running Deer Natural Area. (Attachment 3) Agenda Item 5 Item # 5 Page 3 ATTACHMENTS 1. Location Map (PDF) 2. Proposed Sewer Line Alignment Map (PDF) 3. Land Conservation & Stewardship Board minutes, April 20, 2016 (PDF) -1- ORDINANCE NO. 078, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF A SEWER LINE EASEMENT AND A TEMPORARY CONSTRUCTION EASEMENT ON RUNNING DEER NATURAL AREA TO BOXELDER SANITATION DISTRICT IN EXCHANGE FOR THE VACATION OF AN EXISTING EASEMENT WHEREAS, the City is the owner of several parcels of land located south of Prospect Road and west of Interstate 25 in Larimer County, Colorado, collectively known as Running Deer Natural Area (the “City Property”); and WHEREAS, Boxelder Sanitation District (“Boxelder”) owns an existing easement for a sanitary sewer line across the City Property (the “Existing Easement”); and WHEREAS, Boxelder wishes to replace the aging, undersized line located in the Existing Easement, and has agreed to put its new line in a slightly different location that will have fewer impacts on riparian areas located on the City Property; and WHEREAS the proposed location of the new sewer line easement is described on Exhibit “A”, attached and incorporated herein by reference (the “Easement”); and WHEREAS, Boxelder is also requesting a temporary construction easement for up to one year, as more particularly described on Exhibit “B”, attached and incorporated herein by reference (the “TCE”); and WHEREAS, once the new sewer line is completed, the old line will be abandoned in place after being properly drained, flushed and sealed, and the Existing Easement will be vacated; and WHEREAS, because the Easement will replace the Existing Easement and the relocation of the sewer line to the new Easement will benefit the City Property, City staff is recommending that Boxelder not be charged for the Easement and TCE, provided the Existing Easement is vacated upon removal of the old sewer line; and WHEREAS, Boxelder has also agreed to coordinate its construction project with the City’s improvement project on East Prospect Road to avoid additional road closures; and WHEREAS, at its regular meeting on April 20, 2016, the Land Conservation and Stewardship Board voted to recommend approval of the conveyance of the Easement and the TCE to Boxelder; 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. -2- NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: 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 and TCE to Boxelder in exchange for the vacation of the Existing Easement 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 and TCE to Boxelder 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 or TCE, as long as such changes do not materially increase the size or change the character of the interests to be conveyed. Introduced, considered favorably on first reading, and ordered published this 21st day of June, A.D. 2016, and to be presented for final passage on the 5th day of July, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 5th day of July, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk EXHIBIT A EXHIBIT A (CONT.) EXHIBIT B EXHIBIT B (CONT.)