HomeMy WebLinkAbout2003-119-11/04/2003-AUTHORIZING THE CITY MANAGER TO GRANT REVOCABLE PERMITS TO XCEL ENERGY AND THE U.S. ENVIRONMENTAL PR RESOLUTION 2003-119
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CITY MANAGER TO GRANT
REVOCABLE PERMITS TO XCEL ENERGY AND
THE U.S. ENVIRONMENTAL PROTECTION AGENCY
ON CERTAIN CITY PROPERTY UNDER AND ADJACENT TO
THE POUDRE RIVER FOR ENVIRONMENTAL
INVESTIGATION AND REMEDIATION ACTIVITIES
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, the City has, through the U.S. Environmental Protection Agency ("EPA")
Brownfields grant program undertaken an ongoing investigation of environmental conditions on
the Aztlan Property and its environs; and
WHEREAS, in connection with the City's environmental investigations, a seep of tarry
material in the Poudre River, in the general location shown on the drawing attached hereto as
Exhibit "A", has been observed and has prompted further investigation and review by the EPA
and the Colorado Department of Health and Environment ("CDPHE"); and
WHEREAS, in order to identify the source and nature of the seep into the River, and to
prevent the immediate and ongoing release of the tarry material into the River, EPA has directed
that additional investigation and remediation activities in and around the River must proceed in
the coming weeks; and
WHEREAS, based on the information currently available, the source of the seep is
believed by EPA and CDPHE to be upgradient of City property, and the seep is believed to have
its origins in the manufactured gas plant and related operations that took place on the property to
the south of Willow Street and the Atzlan Property in the early to mid 20th century; and
WHEREAS, Xcel Energy ("Xcel"), the successor-in-interest to the manufactured gas
plant operations, is in the process of negotiating with EPA an Administrative Order on Consent
that would provide for Xcel to carry out certain investigation and remediation activities in and
adjacent to the River; and
WHEREAS, in order for the proposed investigation and remediation work to be initiated
and completed, Xcel and EPA will require permission from the City to access and conduct work
on the Natural Area and the Aztlan Property, and the bed of the Poudre River; and
WHEREAS, in order to facilitate the completion of said work, and to cooperate with
EPA, CDPHE and Xcel in addressing environmental conditions of concern on and affecting the
Aztlan Property, the River and other adjacent properties, City staff has recommended that the
City Council authorize the City Manager to negotiate and enter into license agreements with
Xcel and EPA by which the City will grant the required access; 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 not yet available, but shall 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, 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 Xcel 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 4th day of November A.D. 2003.
Mayor ;
ATTEST:
City Clerk