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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.