HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 07/17/2001 - FIRST READING OF ORDINANCE NO. 116, 2001, AUTHORIZ lie AGENDA ITEM SUMMARY ITEM NUMBER: 16
DATE: July 17,2001
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
*X010%N*%
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 along channels 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 makes certain stipulations that provide for protection of the site's natural resources, to
the extent possible, during the monitoring operations.
It is in the best interest of the City, as a property owner and an interested parry in the Landfill, to
be aware of the status of contamination on the property. Latimer County is, therefore, required
to provide to the City copies of all reports and findings from the monitoring.
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 Latimer 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 of the 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 in 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 July 13, 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, 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 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 17th day of
July, A.D. 2001, and to be presented for final passage on the 21 st day of August, A.D. 2001.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 21st day of August, A.D. 2001.
Mayor
ATTEST:
City Clerk
EXHIBIT "N'
LOCATION SKETCH FOR
DESIGNATED AREAS
WITHIN CATHY FROMME PRAIRIE NATURAL AREA
FOR ENVIRONMENTAL MONITORING
f,
r
CO. RD. 38E
VW. HARMONY RD
Tt
_J
T
ID P
o N
In
J �
J J
W
2 =
W In
_J
vi
n
VI
NTS WEST TRILBY RD.
JULY 10, 2001
THIS SKETCH AND THE AREAS
SHOWN DEPICT THE ATTACHED
PROPERTY DESCRIPTION ONLY,
AND 00 NOT REPRESENT A
IAONUYENTED BOUNDARY SURVEY.
U:\S7WPRQ1\WALLY\DWD\NONITOR.UWG