HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 06/07/2005 - RESOLUTION 2005-058 AUTHORIZING THE CITY MANAGER T ITEM NUMBER: 19
AGENDA ITEM SUMMARY DATE: June 7, 2005
FORT COLLINS CITY COUNCIL STAFF: John Stokes
SUBJECT
Resolution 2005-058 Authorizing the City Manager to Grant Revocable Permits to Schrader Oil
Company and the U.S. Environmental Protection Agency on the Aztlan Center Property for
Environmental Sampling and Related Activities.
RECOMMENDATION
Staff recommends adoption of the Resolution.
FINANCIAL IMPACT
There is no financial impact associated with the proposed access agreements. City staff is
recommending that no compensation be required for the grant of access rights.
EXECUTIVE SUMMARY
Schrader Oil Company representatives have requested that the City allow well sampling by Schrader
at the "Poudre River Cleanup Site"property. Staff is recommending that the City grant revocable
permits as needed, in the form of license agreements, to Schrader Oil Company for this limited
purpose. It is important to note that the monitoring wells Schrader has selected to sample are not
permitted by the State of Colorado as is normally required for sampling. However, under EPA's
jurisdiction, Paul Peronard, the EPA On-Scene Coordinator, has provided verbal approval for
Schrader Oil Company to sample these wells under the AOC. Staff is recommending that the City
Council adopt this Resolution in order to authorize the City Manager to enter into the necessary
license agreements,including such terms and conditions as may be necessary to protect the interests
of the City and minimize impacts to the City's property.
BACKGROUND
In 2001,the City initiated an EPA-funded Brownfield Pilot Project that assessed the environmental
conditions in the vicinity of the City's Northside Aztlan Center located between Willow Street and
the Poudre River to the northeast of the downtown area, for the purpose of facilitating the
development of a new Northside Center on the property and the development of other property in
the area. In late 2002, a seep of thick dark material was observed in the Poudre River adjacent to
the Aztlan Center property. Subsequent test results revealed that the contamination was likely
June 7, 2005 -2- Item No. 19
related to an historical manufactured gas plant("MGP")that operated in the early 1900s on property
now owned by Schrader Oil Company across Willow Street from the Aztlan Center property.Poudre
Valley Gas,the company that operated the MGP,was acquired by Public Service Company,which
has since become a part of Xcel Energy. In November 2004, EPA, Xcel Energy, Schrader Oil
Company and the City of Fort Collins signed an Administrative Order on Consent related to the
remedy Xcel would carry out under EPA authority.
Because the property where samples will be selected along the Poudre River, and between the
Northside Aztlan Center and upgradient to Willow Street, is owned by the City, City staff has
recommended that the City proceed to negotiate the license agreement that will be needed to provide
for access for the sampling to allow Schrader Oil Company to collect samples. At this time, the
specific scope of the work is to sample existing monitoring wells on site. In addition, portions of
those properties may be needed for staging, equipment storage and other related work, and public
access to the areas of Schrader's activities will need to be controlled. In order to facilitate allowing
the work to proceed as quickly as possible once the scope of work is finalized, City staff is
recommending that the City Council authorize the City Manager to enter into license agreements
with Schrader Oil Company that will provide for the needed site access and use, and will minimize,
to the extent feasible, the impacts on the City's property.
ATTACHMENTS
1. Vicinity Map
ATTACHMENT 1
) ( §
� § §
7 � 2 05z
/a 2 ` s
uj
\| 2
� � 0 � � \
§ ! a
{ • ] ] R
\ � ^ . � `
\ § | (\ �#` ■ . 0 ,
a | ■ | a2 } |
§§
(LW
� l � � \ -
\
\ §!.
\ \)
+ ;|■ § ._ ;� �\
§ 6 ° \[| uj
§ . a LU
ƒ �
\ �
!
RESOLUTION 2005-058
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CITY MANAGER TO GRANT
REVOCABLE PERMITS TO SCHRADER OIL COMPANY AND
THE U.S. ENVIRONMENTAL PROTECTION AGENCY
ON THE AZTLAN CENTER PROPERTY FOR ENVIRONMENTAL
SAMPLING AND RELATED ACTIVITIES
WHEREAS,the City of Fort Collins(the"City")is the owner of the Northside Aztlan Center
property,including the property on which the United Way Building is situated(collectively referred
to as the "Aztlan Property"); and
WHEREAS, the City has previously authorized various environmental investigation and
remediation activities by the U.S. Environmental Protection Agency ("EPA") and Public Service
Company of Colorado,doing business as Xcel Energy,and has entered into an Administrative Order
on Consent ("AOC") and Restrictive Covenant related to the Aztlan Property and related
remediation actions, pursuant to the Council's authorization in Ordinance No. 163, 2004; and
WHEREAS, Schrader Oil Company is also a signatory to the AOC and through its affiliated
persons and entities owns and operates the property to the south of the Aztlan Property; and
WHEREAS, Schrader Oil Company has requested permission from the City to access the
Aztlan Property in order to take samples from certain existing groundwater wells, under EPA's
authority in connection with the remediation activities called for in the AOC; and
WHEREAS, in order to facilitate the completion of said sampling, and to cooperate with
EPA and Schrader Oil Company while protecting the interests of the City to the extent appropriate,
the City Manager has requested that the City Council authorize the City Manager to negotiate and
enter into license agreements with Schrader Oil Company and EPA by which the City will grant the
required access; and
WHEREAS,Article XI, Section 10, of the Charter of the City of Fort Collins authorizes the
Council to permit the use or occupation of any street, alley, or public place, provided that such
permit shall be revocable by the Council at its pleasure, whether or not such right to revoke is
expressly reserved in such permit.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that the City Manager is hereby authorized to execute such documents as are necessary
to grant such revocable permits to Schrader Oil Company and to EPA as may be consistent with the
terms and intended purpose of this Resolution, together with such additional terms and conditions
as the City Manager, in consultation with the City Attorney, deems necessary or appropriate to
protect the interests of the City or effectuate the purposes of this Resolution.
Passed and adopted at a regular meeting of the City Council of the City of Fort Collins
commenced on the 7th day of June A.D. 2005.
Mayor
ATTEST:
City Clerk