HomeMy WebLinkAbout2007-078-09/04/2007-AUTHORIZING A REVOCABLE PERMIT TO THE COLORADO DEPARTMENT OF AGRICULTURE FOR THE URBAN FRONT RANGE M RESOLUTION 2007-078
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING A REVOCABLE PERMIT TO
THE COLORADO DEPARTMENT OF AGRICULTURE
FOR THE URBAN FRONT RANGE MONITORING NETWORK PROJECT
FOR MONITORING PESTICIDES AND NITRATES/NITRITES
IN GROUNDWATER
WHEREAS,the Colorado General Assembly has declared that the public policy of the State
of Colorado is to protect groundwater and the environment from impairment or degradation due to
the improper use of agricultural chemicals,while allowing for the proper use of such chemicals;and
WHEREAS, in furtherance of that purpose, the Colorado Commissioner of Agriculture is
charged with identifying agricultural management areas of the state and conducting monitoring
programs to determine the presence of any agricultural chemicals in groundwater and the likelihood
that an agricultural chemical will enter the groundwater based on predictions of its behavior; and
WHEREAS, as part of the Colorado Agricultural Chemicals and Groundwater Protection
Program established under that authority, the Colorado Department of Agriculture (the
"Department")is developing the Urban Front Range Monitoring Network(the"Project")to develop
groundwater monitoring data in urban areas from Fort Collins to Pueblo; and
WHEREAS, the Department has requested that the City of Fort Collins cooperate with the
Project by allowing the Department to install, maintain and sample monitoring wells on various
properties owned by the City,and in particular on certain Cityparks and natural areas properties;and
WHEREAS, City Parks and Natural Areas staffs have worked with Department staff to
identify mutually acceptable locations for the installation and operation of groundwater monitoring
wells; and
WHEREAS, the Department has agreed that each monitoring well will be flush-mounted
with a bolted lid to prevent interference with ground maintenance or risks to public safety, and in
order to secure the monitoring well; and
WHEREAS, the frequency of sampling from the monitoring wells will most likely be once
every two to three years, although sampling frequency could vary; and
WHEREAS, the Department will bear all costs of installation and maintenance of the
monitoring wells, and will provide all lab results from groundwater sampling from the monitoring
wells to the City at no cost to the City; and
WHEREAS, upon revocation of the permission authorized hereunder, the Department will
remove or relinquish to the City any monitoring wells remaining in place at the City's request; and
WHEREAS,based on these agreed upon conditions, the Department has requested that the
City grant to it a permit or license for the installation of 14 groundwater monitoring wells on City
property, at or in the vicinity of the specific locations described on Exhibit"A",attached hereto and
incorporated herein by this reference (the"Permitted Wells"); and
WHEREAS, in light of the public purposes to be served and the benefits to the City of the
preservation of groundwater and environmental quality,the potential benefit to the City of obtaining
regular monitoring data about its properties, and the fact that the monitoring wells will have little
or no impact on City operations, City staff recommends that no compensation be required for the
rights granted hereunder; and
WHEREAS, the Land Conservation and Stewardship Board considered the installation,
operation and maintenance of the proposed Permitted Wells at its regular meeting in August, and
recommended that the City Council authorize the issuance of a permit to allow the Department to
proceed as proposed; and
WHEREAS, the Water Board considered the installation, operation and maintenance of the
proposed Permitted Wells at its regular meeting in August, and recommended that the City Council
authorize the issuance of a permit to allow the Department to proceed as proposed; 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 Mayor is hereby authorized to execute such documents as are necessary to grant
a revocable permit consistent with the terms of this Resolution, to the Department as described
herein,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 Co of the City of Fort ollins this 4th
day of September, A.D. 2007.
Mayo
ATTEST:
VOL
City Clerk