HomeMy WebLinkAbout146 - 10/05/2004 - AUTHORIZING THE CONVEYANCE OF PERMANENT, NON-EXCLUSIVE EASEMENT INTERESTS TO PUBLIC SERVICE COMPANY ORDINANCE NO. 146, 2004
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF PERMANENT,NON-EXCLUSIVE
EASEMENT INTERESTS TO PUBLIC SERVICE COMPANY OF COLORADO
AND THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
FOR ENVIRONMENTAL REMEDIATION ACTIVITIES AND FACILITIES
ON 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 (the "Natural Area') to the north of the River, and the Northside
Aztlan Center property, including the property on which the United Way Building is situated
(collectively referred to as the "Aztlan Property") to the south of the River; 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 a black, oily substance
characterized as coal tar 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 are in the process of developing 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, as currently anticipated, 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, in order to install, operate, maintain and access the remedial facilities, PSCo
has requested a permanent nonexclusive easement on and under the Aztlan Property, in the
location generally described and shown on Exhibit "A", attached hereto and incorporated herein
by this reference (the "PSCo Easement"); and
WHEREAS, in order to allow for ongoing monitoring and supervision of the activities of
PSCo, and to provide for such access as may be needed to ensure proper implementation of the
remediation work, EPA has requested that the City grant to EPA an easement for such activities
on the Aztlan Property(the "EPA Easement"); and
WHEREAS, prior to execution of final easements, the remedial action plan and
restoration plan will be subject to review and approval by the City Manager in order to ensure
that no avoidable adverse impacts upon the Natural Area or Aztlan Property or other City
improvements will result from the activities on those properties; and
WHEREAS, City staff has made an approximate value finding for the easements, and has
found the value of the easements to total approximately$705,000; and
WHEREAS, in view of the anticipated benefits to the City and to the general public of
the environmental cleanup activities that are proposed to occur in the river and near and on the
Aztlan Property, which will be facilitated by the easements authorized hereunder, City staff has
recommended that the City not require the payment of consideration for the easements
authorized hereunder; and
WHEREAS, as a condition of the PSCo Easement and the EPA Easement, completion of
a restoration plan satisfactory to the City will be required after installation of the remediation
facilities; 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 PSCo Easement and the Permanent Easement, as
set forth herein,will be in the best interest of the City of Fort Collins.
Section 2. That the Mayor is hereby authorized to execute deeds conveying the PSCo
Easement and the EPA Easement, subject to such additional terms and conditions not
inconsistent with this Ordinance as the City Manager, in consultation with the City Attorney,
determines to be necessary or appropriate to protect the interests of the City, provided that the
remedial action plan, restoration plan and related settlement terms are acceptable to the City
Manager.
Introduced, considered favorably on first reading, and ordered published this 21st day of
September, A.D. 2004, and to be presented for final passage on the 5th day of October, A.D.
2004.
Mayor
ATTES
T:
City Clerk
Passed and adopted on final reading this 5th day of October, A.D. 2004.
Mayor
A TEST:
City Clerk ll
EXHIBIT A TO ORDINANCE NO. 146
PAGE 1 OF 2
DRAFT
Easement and Access for Poudre River Remedy Implementation
Easement/Ordinance for Permanent/semi-permanent facilities to be left on site:
• Permanent vertical barrier wall approximately 700 linear feet along the southwest bank of
the river and associated hydraulic control system (trench and pumps on upstream side of
wall).
• Monitoring wells and piezometers to evaluate system operation and effectiveness.
• Water treatment system—system components (tanks, filtration,pumps, etc), building
enclosure, POTW or river discharge point(s).
• Permanent power supply
Access for:
• Excavation of NAPL impacted sediment and bedrock over a stretch of river
approximately 600 feet long by 75 feet wide to a depth of approximately 15 feet; work to
be implemented between December 2004 and May 2005.
• Installation, operation and maintenance of the barrier wall.
• Construction, operation and maintenance of the water treatment plant.
• Construction and use of impacted material stockpile area, imported clean backfill
stockpile area, equipment staging area and construction trailer. These facilities to be
located generally on the athletic fields adjacent to the Aztlan Community Center.
• Access roads for facilities operation and maintenance, and to import/export equipment,
supplies and waste materials.
• Access to river and Gustov Swanson Natural Area for operation and maintenance of river
diversion, sediment/bedrock excavation, and site monitoring.
• Operation, maintenance and monitoring (for up to 30 years):
o Maintenance and operation of water treatment system.
o Inspection, operation, and maintenance of barrier wall and hydraulic control
system.
o Inspection/monitoring of riverbed.
o Periodic monitoring of GW wells and piezometers, and sample collection as
needed.
o Periodic monitoring of river observation pipes, water/NAPL removal as needed.
Facilities to be removed at time of AOC closure and termination of system operation:
• Closure of monitoring wells in accordance with State regulations.
• Removal of water treatment system (components and building), stockpile areas,
construction trailer/facilities, and access road, and restoration of area in accordance with
project Restoration Plan, termination of discharge agreements and water make-up
agreements with respective agencies.
EXHIBIT A TO ORDINANCE NO.
PAGE 2 OF 2
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