HomeMy WebLinkAbout2007-089-10/02/2007-AUTHORIZING THE ISSUANCE OF AN ADDITIONAL REVOCABLE PERMIT TO THE COLORADO DEPARTMENT OF AGRICULTURE RESOLUTION 2007-089
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE ISSUANCE OF AN ADDITIONAL REVOCABLE
PERMIT TO THE COLORADO DEPARTMENT OF AGRICULTURE FOR THE
URBAN FRONT RANGE MONITORING NETWORK PROJECT FOR
THE PURPOSE OF DEVELOPING GROUNDWATER MONITORING DATA
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 Chemical 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, City Council passed Resolution 2007-078 on September 4, 2007 which
authorized a revocable permit for this Project for specified locations on City property owned by the
Parks and Natural Areas departments; and
WHEREAS, after the passage of Resolution 2007-078, the Department has identified two
additional locations owned by the Parks department which were not previously specified; and
WHEREAS, the Department has requested that the City cooperate with the Project by
allowing the Department to install, maintain, and sample monitoring wells on these properties
owned by the City Parks department; and
WHEREAS, City Parks staff have worked with Department staff to identify mutually
acceptable locations for the installations 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 the two additional ground water 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 Water Board reviewed the proposed program of 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 of 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 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 to effectuate the purposes of this Resolution.
Passed and adopted at a regular meeting of the Coupeifrf the City of Fort Collins this 2nd
day of October, A.D. 2007.
i
Mayor
ATTEST: /�� �/�/"_
147-5
Chief Deputy City Clerk
EXHIBIT "A"
Parcel Number Location Name Monitoring Well Location
1. 87310-00-925 Collindale Golf Course East of the Number 2 Teebox,
behind the trees between the golf
course area and the railroad right-
of-way
2. 97103-00-922 City Park At the west edge of the parking lot
at the City Park Ballfields.