HomeMy WebLinkAbout2009-004-01/20/2009-AUTHORIZING A REVOCABLE PERMIT TO DON KERN CONSTRUCTION, INC. FOR THE COMPLETION OF MINING RECLAMATI RESOLUTION 2009-004
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING A REVOCABLE PERMIT TO DON KEHN CONSTRUCTION, INC.
FOR THE COMPLETION OF MINING RECLAMATION ACTIVITIES
ON ARAPAHO BEND NATURAL AREA
WHEREAS, in January 1995, the City purchased property located in Larimer County,
Colorado known as Arapaho Bend Natural Area(the "Natural Area"); and
WHEREAS, prior to the City's ownership of the Natural Area, Don Kehn Construction,
Inc. ("Kehn") operated a sand and gravel mine on the property under a permit issued by the
Colorado Division of Reclamation, Mining and Safety (CDRMS), and Kehn had not completed
reclamation of the mined area when the City purchased the property; and
WHEREAS, in 2002, Kehn asked the City for permission to go onto the Natural Area
property to complete the reclamation work so that Kehn could obtain final closure and release of
its permit from CDRMS; and
WHEREAS, on February 18, 2003, the City Council passed Resolution 2003-020
authorizing a two-year lease to Kehn of a portion of the Natural Area for purposes of completing
the reclamation work; and
WHEREAS, as of 2008, a portion of the reclamation work was still not completed; and
WHEREAS, in October 2008, the City conveyed the Natural Area to the Fort Collins
Capital Leasing Corporation (FCCLC), which in turn leased the Natural Area back to the City for
its continued use and management as a City natural area; and
WHEREAS, the City's lease with FCCLC authorizes the City to sublease portions of the
Natural Area as needed to allow the reclamation work associated with Kehn's mining permit to
be completed; and
WHEREAS, Kelm recently requested permission to re-enter the Natural Area to complete
the remaining reclamation work; and
WHEREAS, the remaining work should take only a few months to complete, so City staff
has recommended that Kehn be granted a revocable permit that will expire in six months; and
WHEREAS, Kehn has agreed to provide in-kind earth moving services to the City in lieu
of a $250 per month fee for the revocable permit; and
WHEREAS, if Kehn successfully completes its work on the Natural Area in six months,
staff further recommends that Kehn be granted a separate revocable permit for up to four years to
reseed the site and conduct occasional maintenance activities to the extent required by CDRMS;
and
WHEREAS, Article XI, Section 10 of the Charter of the City of Fort Collins authorizes
the City Council to permit the use or occupation of any street, alley, or public place, provided
that such permit shall be revocable by the City 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 the revocable permits to Don Kelm Construction, Inc. 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, including any necessary corrections to the legal descriptions
thereof that do not result in a material increase or change in character of the intended permits.
Passed and adopted at a regular meeting of the C it of the City of Fort Collins this
20th day of January A.D. 2009.
Mayor
:'ATTEST:-
CityI _� V- J
Clerk