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HomeMy WebLinkAbout163 - 10/19/2004 - AUTHORIZING THE EXECUTION OF AN ADMINISTRATIVE ORDER ON CONSENT BY THE U.S. EPA AND A RELATED ENVIRO ORDINANCE NO. 163, 2004 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE EXECUTION OF AN ADMINISTRATIVE ORDER ON CONSENT BY THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY AND A RELATED ENVIRONMENTAL COVENANT IN CONNECTION WITH ENVIRONMENTAL CONTAMINATION AND REMEDIATION IN THE CACHE LA POUDRE RIVER NEAR THE NORTHSIDE AZTLAN COMMUNITY CENTER PROPERTY WHEREAS, the City of Fort Collins (the "City') is the owner of various properties to the north, south and under the Poudre River between College Avenue and Linden Street, including Gustav Swanson Natural Area to the north of the River, the Northside Aztlan Center property, including additional adjacent property, such as the property on which the United Way Building is situated, together with the right-of-way for Willow Street (collectively referred to as the "City Property'); and WHEREAS, pursuant to various licenses to enter granted by the City Manager under the authority granted to him in Resolution 2003-119, on November 4, 2003, Public Service Company of Colorado ("PSCo") and the United States Environmental Protection Agency ("EPA") have conducted extensive investigation of a seep of tarry material in the Poudre River in the vicinity of the Aztlan Property identified by the City in late 2002, and the source and extent of related contamination, and have carried out certain initial remediation of the contamination; and WHEREAS, in light of the investigations and remedial activities completed to date, PSCo and EPA have developed and generally agreed upon a remedial action plan to be carried out in the Poudre River and on adjacent Aztlan Property; and WHEREAS, the detailed plans for the investigation and remediation work to be completed, including necessary backfill and restoration of the affected area upon completion of that work, are in the final development and review process, and are expected to include a 700 foot vertical wall in the south bank of the Poudre River, a small treatment building in which water collected in the wall structure will be treated, and other minor structures to support the operation and maintenance of these facilities and ongoing monitoring of the area; and WHEREAS, the City Council has previously adopted Ordinance No. 146, 2004, authorizing easements for PSCo and EPA that will allow them to install, operate, maintain and access the remedial facilities, and monitor the completion and status of that work; and WHEREAS, in order to proceed with the environmental cleanup activities as proposed, EPA and PSCo have requested that the City enter into an administrative order on consent (the "AOC") that will set out the rights and responsibilities of the relative parties thereto, including the apportionment of costs associated with the environmental cleanup and the related EPA oversight of the same, the future liabilities and protections from claims of liability amongst the parties related to the environmental condition addressed by the AOC, and the ongoing J , commitments of the parties related to prevention and mitigation of future impacts related to contamination that is within the scope of the AOC; and WHEREAS, as part of the AOC, EPA and PSCo have agreed that the City shall be protected from claims for cost recovery or contribution, and shall not be required to contribute to the initial costs of the environmental cleanup, other than through the cooperation and property access that the City has already agreed to provide; and WHEREAS, in addition, as part of the AOC, PSCo has agreed to pay to the City compensation in anticipation of additional costs the City may incur in redevelopment of Willow Street and other improvements on the City Property, in an amount yet to be finally negotiated; and WHEREAS, as a condition of the AOC, PSCo has required that the City agree to an environmental covenant on the City Property to limit the activities thereupon to activities that will avoid the aggravation of the environmental condition on the same (the "Restrictive Covenant"), and PSCo has agreed to the same restriction on PSCo's adjacent property to the south of Willow Street across from the current Northside Aztlan Community Center; and WHEREAS, Schrader Oil Company has also participated actively in the negotiation of the AOC, and may agree to enter into the AOC and related terms beneficial to the City, as described herein, although a final determination regarding Schrader Oil's participation has not been made; and WHEREAS, City staff has recommended that the City Council authorize the AOC and related environmental covenant, whether or not Schrader Oil participates in the same, based on representations by EPA, including EPA's determination that the environmental cleanup activities that are proposed to occur in the river and near and on the City Property will result in substantial benefits to the general public and will protect the Poudre River; 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 the Restrictive Covenant, as set forth herein, is in the best interest of the City of Fort Collins. Section 2. That the Mayor is hereby authorized to execute such documents of conveyance of the Restrictive Covenant as the City Manager, in consultation with the City Attorney, determines to be necessary or appropriate to protect the interests of the City, not inconsistent with this Ordinance. t Section 3. That the City Manager is hereby authorized to execute an administrative order on consent with EPA and PSCo, and, if Schrader Oil agrees to participate in the same on terms and conditions acceptable to all parties, with Schrader Oil, in such final form as the City Manager, in consultation with the City Attorney, determines to be necessary or appropriate to protect the interests of the City, not inconsistent with this Ordinance. Introduced, considered favorably on first reading, and ordered published this 5th day of October, A.D. 2004, and to be presented for final passage on the 19th day of October, A.D. 2004. Mayor ATTEST: City Clerk Passed and adopted on final reading this 19th day of October, A.Y. 2004. Mayor ATTES City Clerk NI'-