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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 08/21/2001 - FIRST READING OF ORDINANCE NO. 116, 2001, AUTHORIZ AGENDA ITEM SUMMARY ITEM NUMBER: 27 DATE: August 21, 2001 ID FORT COLLINS CITY COUNCIL FROM:• Edith Felchle SUBJECT: First Reading of Ordinance No. 116, 2001, Authorizing the Conveyance of a Non-Exclusive Easement to Larimer County for Environmental Monitoring in the Cathy Fromme Prairie Natural Area. RECOMMENDATION: Staff recommends adoption of the Ordinance on First Reading. EXECUTIVE SUMMARY: The Cathy Fromme Prairie Natural Area, portions of which are owned jointly with Larimer County and portions of which are owned solely by the City of Fort Collins, is adjacent to the Larimer County Landfill. In 1989, certain contamination was discovered leaching out of the landfill and flowing in the groundwater under Cathy Fromme Prairie, including portions of the site now owned solely by the City of Fort Collins. The State of Colorado and the U.S. Environmental Protection Agency (EPA) require routine monitoring of the contamination until contamination is no longer detectable. This monitoring has been occurring since the contamination was discovered. The State, which oversees the contamination site for the EPA, requires Larimer County, as operators of the Landfill, to have evidence of the legal right to access the contaminated property for purposes of monitoring until the site proves to be clean of contamination and the State and EPA no longer require monitoring. The Ordinance gives ongoing permission for that access. The easement permits no monitoring operations on the site that are not already occurring, other than allowing for future monitoring wells to be drilled downstream if contamination is found to be migrating beyond the current monitoring wells. The easement agreement makes certain stipulations that provide for protection of the site's natural resources, to the extent possible, during the monitoring operations. Staff believes it is in the best interest of the City, as a property owner and an interested party in the Landfill, to be aware of the status of contamination on the property. Larimer County is, therefore, required in the easement agreement to provide to the City copies of all reports and findings from the monitoring. The Natural Resources Advisory Board, at its August 1, 2001 meeting, recommended approval of the easement dependent upon its concerns being addressed. Those concerns (and how they liphave been addressed) were as follows: DATE: August 21,2001 2 ITEM NUMBER: 27 Concern: Contractors should be bound by the easement. Response: Contractors are not currently doing the testing. That is done by County personnel. Nonetheless, Section I.B of the Easement Agreement makes anyone working on the site on the County's behalf subject to the terms of the agreement. ------------------------------- Concern: It appears the County is responsible for damage caused by hazardous substances as a result of its activities,but not for other incidental damage it may cause to the property. Response: Language has been added to the beginning of Section I.B of the easement making the County responsible for any damage. ------------------------------- Concern: The phrases "including but not limited to" and "without limitations" should all be changed to"without limitation." Response: The City Attorney has made this change. ------------------------------- Concern: Contaminated purge water should not be dumped on the site. Response: Contamination levels of purge water are below state and federal hazardous waste levels. With a long history of low contamination levels of purge water, it cannot be expected that contamination levels would suddenly increase above state and federal levels. If there should be an increase, it would be gradual, and adequate precautions could be taken to ensure that excessively contaminated levels would not be dumped onto the site. Because the small pick-up truck that is used to access the site is completely packed with required testing equipment, there is no room for a container in which to haul purge water off of the site. Therefore, hauling it out would require additional vehicle trips and more impact to the site. Therefore the County will not be required to haul purge water off the site. ------------------------------- Concern: The monthly water level checks do not require the heavy equipment which makes vehicle access necessary. The heavy equipment is only needed for the quarterly tests, so why is the County driving onto the site once each month? Response: It is true that the monthly water level checks require little equipment. This monthly testing occurs only at three wells; two west of Taft Hill adjacent to the Landfill, and one a short distance into the site east of Taft Hill (access to which is on the ditch road). Language has been added to Exhibit B indicating that these wells will be accessed on foot when feasible. ORDINANCE NO. 116, 2001 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF A NON-EXCLUSIVE EASEMENT TO LARIMER COUNTY FOR ENVIRONMENTAL MONITORING IN THE CATHY FROMME PRAIRIE NATURAL AREA WHEREAS,the City of Fort Collins (the "City") is the owner of that certain parcel of real property located in Larimer County, Colorado, known as the Cathy Fromme Prairie Natural Area (the "Natural Area"); and WHEREAS, Larimer County (the "County") operates the Larimer County Landfill on the property adjacent to the Natural Area,which is jointly owned by the City and the County; and WHEREAS,in connection with the regulation and oversight of the Larimer County Landfill by the Colorado Department of Public Health and Environment("CDPHE"),the County is required to conduct ongoing monitoring of the environmental condition ofthe Landfill and adjacent property, in order to determine the status of groundwater and surface water contamination from the Landfill; and WHEREAS, certain contamination was discovered on the site in 1989, resulting in the County initiating and continuing monitoring on the Natural Area through a number of established monitoring points, including groundwater monitoring wells, piezometers, and surface water sampling stations; and WHEREAS, CDPHE requires that the County provide legal documentation of its right to carry out the above-described monitoring, and the County, in order to comply with this CDPHE requirement, has requested that the City grant an easement on those portions of the Natural Area shown on Exhibit "A," attached hereto and incorporated herein by this reference (the "Easement Area"), and described as follows: Portions of the Cathy Fromme Prairie located in Township 6 North,Range 69 West of the 6th Principle Meridian,Larimer County,Colorado,more particularly described as follows: The southwest quarter (SW 1/4) of Section 3, the southeast quarter (SE 1/4) of Section 4, and the north half of the northwest quarter(NW 1/4) of Section 10; and WHEREAS, the County has worked with the City to negotiate a proposed easement agreement providing for the protection of the Natural Area, procedures and practices for the monitoring activities, and notification and information sharing by the County, which easement agreement, dated August 2, 2001, is on file in the office of the City Clerk and available for public inspection(the"Easement Agreement'); and WHEREAS,because of the City's mutual interest in the adequate monitoring and response to environmental impacts of the Larimer County Landfill, staff recommends that the easement described herein and in the Easement Agreement be granted to the County with no compensation required; and WHEREAS,at its regular meeting on August 1,2001,the Natural Resources Advisory Board voted to recommend the approval of the Easement Agreement, subject to minor modifications requested by the Board,which have generally been incorporated into the Easement Agreement;and WHEREAS, Section 23-111 of the City Code provides that the City Council is authorized to sell,convey or otherwise dispose of real property owned by the City,provided that the Council first finds by ordinance that any sale or other disposition of real property owned by the City is in the best interest of the City of Fort Collins. NOW,THEREFORE,BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the conveyance of a non-exclusive easement for environmental monitoring to the County over the Easement Area, subject to the terms and conditions of the Easement Agreement, is in the best interest of the City of Fort Collins. Section 2. That the Mayor is hereby authorized to execute the Easement Agreement, together with such additional terms and conditions as the City Manager,in consultation with the City Attorney, determines to be necessary or appropriate to protect the interests of the City. Introduced, considered favorably on first reading, and ordered published this 21 st day of August,A.D. 2001, and to be presented for final passage on the 4th day of September, A.D. 2001. Mayor ATTEST: City Clerk Passed and adopted on final reading this 4th day of September,A.D. 2001. Mayor ATTEST: City Clerk �T uAn LOCATION SKETCH FOR DESIGNATED AREAS WITHIN CATHY FROMME PRAIRIE NATURAL AREA FOR ENVIRONMENTAL MONITORING %,,//, CO. RD. 38E / } Y _J SID lV T � p V) J � J —I = W_ V) ti S \ (n n NTS WEST TRILBY RD. JULY 10, 2001 THIS SKETCH AND THE AREAS SHOWN DEPICT THE ATTACHED PROPERTY DESCRIPTION ONLY, AND DO NOT REPRESENT A MONUMENTED BOUNDARY SURVEY. U:\57WPROJ\WALLY\DWD\MONITOR.DWD