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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 04/16/2019 - SECOND READING OF ORDINANCE NO. 055, 2019, AUTHORIAgenda Item 8 Item # 8 Page 1 AGENDA ITEM SUMMARY April 16, 2019 City Council STAFF David Myers, Land Conservation Manager John Stokes, Natural Resources Director Dan Gulley, Real Estate Specialist II Ingrid Decker, Legal SUBJECT Second Reading of Ordinance No. 055, 2019, Authorizing the Conveyance of an Easement to Larimer County for Groundwater Monitoring Wells on Cathy Fromme Prairie Natural Area. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on March 19, 2019, authorizes conveyance of an easement to Larimer County for groundwater monitoring wells on Cathy Fromme Prairie Natural Area. In August 2018, the Natural Areas Department was approached by Larimer County Solid Waste at the direction of the Colorado Department of Public Health and Environment (CDPHE) regarding a 1,4-dioxane plume. The County requested a revocable permit from the Department to insert temporary groundwater test wells to determine the location and extent of the plume, which the City Manager granted on February 5, 2019. The new permanent monitoring wells are required for continued monitoring of the contaminant plume. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, March 19, 2019 (w/o attachments) (PDF) 2. Ordinance No. 055, 2019 (PDF) Agenda Item 12 Item # 12 Page 1 AGENDA ITEM SUMMARY March 19, 2019 City Council STAFF David Myers, Land Conservation Manager John Stokes, Natural Resources Director Dan Gulley, Real Estate Specialist II Ingrid Decker, Legal SUBJECT First Reading of Ordinance No. 055, 2019, Authorizing the Conveyance of an Easement to Larimer County for Groundwater Monitoring Wells on Cathy Fromme Prairie Natural Area. EXECUTIVE SUMMARY The purpose of this item is to authorize conveyance of an easement to Larimer County for groundwater monitoring wells on Cathy Fromme Prairie Natural Area. In August 2018, the Natural Areas Department was approached by Larimer County Solid Waste at the direction of the Colorado Department of Public Health and Environment (CDPHE) regarding a 1,4-dioxane plume. The County requested a revocable permit from the Department to insert temporary groundwater test wells to determine the location and extent of the plume, which the City Manager granted on February 5, 2019. The new permanent monitoring wells are required for continued monitoring of the contaminant plume. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION Cathy Fromme Prairie Natural Area is in southwest Fort Collins. The Landfill sits to the south and west of Cathy Fromme Prairie and west of Taft Hill Road. The easement areas are located along Fossil Creek and Smith Creek, as shown on Exhibit A to the Ordinance. The industrial chemical 1,4-dioxane has been detected at low concentrations -- ranging from 2 to 77 parts per billion (ppb) -- in landfill leachate and in downgradient groundwater and surface water within Fossil Creek and Smith Creek. In its easement request, the County stated: “Until recently, the primary environmental concern has been the presence of several volatile organic compounds (VOCs) in the groundwater and surface water along the Fossil Creek drainage. In June 2017, the [County] Solid Waste Department detected a new contaminant of concern, an organic chemical called 1,4-dioxane, in the groundwater near Fossil Creek and in the groundwater and surface water along Smith Creek. The presence of 1,4-dioxane has created a need for further investigation, installation of new monitoring wells, and eventual remedial activities. We have been working with the Colorado Department of Public Health and Environment (CDPHE) and our consultant, Trihydro Corporation, to address these items.” The Landfill is jointly owned by Larimer County (25%), City of Loveland (25%), and the City of Fort Collins (50%) and is operated solely by the Larimer County Solid Waste Department. The County is required by state and ATTACHMENT 1 Agenda Item 12 Item # 12 Page 2 federal regulations to monitor groundwater, surface water, and soil vapor for off-site impacts. When contaminants are detected the County must investigate, monitor, and possibly remediate the contaminate. Minimal impact to the natural area is anticipated given that vehicles will stay on existing roads during monitoring. Wells will be constructed in accordance with Colorado Water Well Construction Rule (2 CCR 402-2) using a truck-mounted drilling rig. This will keep the disturbance to a minimum. Once installed the wells will be integrated into the current groundwater well monitoring program. CITY FINANCIAL IMPACTS Larimer County will pay $1,500 to the Natural Areas Department for processing the easement application. Staff recommends that Larimer County not be charged for the easement because the monitoring wells are mutually beneficial. BOARD / COMMISSION RECOMMENDATION At its January 9, 2019, meeting, the Land Conservation and Stewardship Board voted unanimously to recommend City Council adopt the Ordinance. ATTACHMENTS 1. Land Conservation and Stewardship Board, January 9, 2019 (PDF) -1- ORDINANCE NO. 055, 2019 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF AN EASEMENT TO LARIMER COUNTY FOR GROUNDWATER MONITORING WELLS ON CATHY FROMME PRAIRIE NATURAL AREA WHEREAS, the City is the owner or joint owner with Larimer County (the “County”) of multiple parcels of land adjacent to Taft Hill Road south of Harmony Road know as Cathy Fromme Prairie Natural Area and managed by the City (the “City Property”); and WHEREAS, the City is also the joint owner with the County and the City of Loveland (“Loveland”), of land adjacent to the City Property used as the Larimer County Landfill and managed by the County; and WHEREAS, the County has requested an easement on the City Property, to the extent of the City’s interest in each affected parcel, to install groundwater monitoring wells (the “Easement”); and WHEREAS, the proposed wells would be used to monitor a plume of 1,4-dioxane contamination that the County has detected moving downgrade from the landfill property; and WHEREAS, as the owners of the landfill property, the City, County and Loveland are working with the Colorado Department of Public Health and Environment to address the contamination; and WHEREAS, the Easement would cover three locations on the City Property totaling approximately 160 acres in area, as shown on Exhibit “A”, attached and incorporated herein by reference (the “Easement Area”); and WHEREAS, the ownership of each parcel that would be burdened by the Easement is shown on Exhibit “B”, attached and incorporated herein by reference; and WHEREAS, the County will provide the City a surveyed legal description for the Easement Area before an Easement deed is executed by the City; and WHEREAS, the County will pay the City $1500 in administrative fees for processing its application for the Easement, but City staff is recommending that the City not charge the County for the value of the Easement because the City is a joint owner of the benefitted landfill property and the monitoring wells will benefit the City as well as the County; and WHEREAS, Section 23-111(a) of the City Code authorizes the City Council to sell, convey or otherwise dispose of any interests in real property owned by the City, provided the City Council first finds, by ordinance, that such sale or other disposition is in the best interests of the City; and -2- WHEREAS, under Section 23-114 of the City Code, any sale or lease of City property interests must be for an amount equal to or greater than the fair market value of such interests unless the City Council determines that such sale or lease serves a bona fide public purpose based on the five factors listed in Section 23-114; and WHEREAS, conveying the Easement to the County for less than fair market value serves a bona fide public purpose because: (1) The use to which the Easement will be put promotes the health and safety of the citizens of Fort Collins by monitoring groundwater for contamination so that it can be controlled and remediated; (2) The use to which the Easement will be put supports the City Council’s commitment to environmental health as outlined in the Strategic Plan; (3) The financial support provided by the City through the below-market conveyance of the Easement will be leveraged with other funding and assistance from the County; (4) The grant of the Easement will not result in any direct financial benefit to any private person or entity, except as an incidental consequence that is not substantial relative to the public purpose being served; (5) Conveying the Easement to the County at less than fair market value will not interfere with current City projects or work programs, hinder workload schedules or divert resources needed for primary City functions or responsibilities; and WHEREAS, at its regular meeting on January 9, 2019, the Land Conservation and Stewardship Board voted to recommend City Council approve the conveyance of the Easement. 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 conveyance of the Easement to the County as provided herein is in the best interests of the City and serves a bona fide public purpose. Section 3. That the Mayor is hereby authorized to execute such documents as are necessary to convey the Easement to the County 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 or effectuate the purposes of this Ordinance, including, but not limited to, any necessary changes -3- to the legal description of the Easement, 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 19th day of March, A.D. 2019, and to be presented for final passage on the 16th day of April, A.D. 2019. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 16th day of April, A.D. 2019. __________________________________ Mayor ATTEST: _______________________________ City Clerk Easement areas: The following areas will be affected by the easement within the Cathy Fromme Prairie Natural Area. This description and accompanying map will be replaced with the surveyed legal description before the City signs the actual easement deed. • A. Approximately 28 acres located in the Southeast ¼ of Section 4, Township 6 North, Range 69 West. • B. Approximately 99 acres in the South ½ of Section 3, Township 6 North, Range 69 West • C. Approximately 33 acres located in the Northwest ¼ of Section 10, Township 6 North, Range 69 West. EXHIBIT A 1 2 3 4 5 6 7 (100%CFC ) CFC (100%) CFC (100%) CFC LC (11.(88.54%46%) ) CFC LC (75%(25%) ) CFC LC (75%(25%) ) CFC LC (75%(25%) ) S SHIELDS ST W TRILBY RD S TAFT HILL RD W HARMONY RD LA EDA LN REGENCY DR MIDWAY DR HEPPLEWHITE CT CLARENDON HILLS DR FOSSIL CREEK DR WESTBURY DR PRAIRIE RIDGE DR THOMPSON DR SCENIC DR BELLEVIEW DR FROMME PRAIRIE WAY CHIPPENDALE DR BORDEAUX DR OGDEN CT HUTCHINSON DR HILLDALE CT OVERLOOK DR BLUE SAGE DR RUE CT RED TAIL CT ± EXHIBIT B 1) 3) 9604406904 9603400903 & S/D Parcels 4) 2) 9610000927 9603000905 5) 7) 9610000931 9610000928 6) 9610000904 OWNERSHIP: CFC = City of Fort Collins LC = Larimer County PARCEL NUMBERS: