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HomeMy WebLinkAbout10588RESOLUTION NO. 10588 A RESOLUTION AUTHORIZING THE CITY OF PUEBLO TO SUBMIT A BROWNFIELDS ASSESSMENT APPLICATION TO THE COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT TO COMPLETE A SITE ASSESSEMENT FOR THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY RIGHT -OF WAY EAST OF SANTA FE AVENUE TO THE RIGHT -OF WAY AT PUEBLO JUNCTION AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME WHEREAS, the City of Pueblo agrees to submit an application to the Colorado Department of Public Health and Environment ( CDPHE) to complete a site assessment for the Burlington Northern and Santa Fe Railway Company (BNSF) right -of -way containing approximately 3.3 acres east of Santa Fe Avenue to the BNSF main line R -O -W at Pueblo Junction. BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. An application to the CDPHE to complete a site assessment for the BNSF right -of -way containing approximately 3.3 acres east of Santa Fe Avenue to the BNSF main line right -of -way at Pueblo Junction, a copy of which is attached hereto, is hereby approved. SECTION 2. The President of the City Council is hereby authorized to execute and deliver the application in the name of and on behalf of the City of Pueblo, a Municipal Corporation, and the City Clerk shall affix the seal of the City thereto and attest same. INTRODUCED December 12, 2005 APP 1; 4 A PRES1DENT 9F CITY CPYWIL • A, t BY Michael Occhiato Councilperson Background Paper for Proposed RESOLUTION AGENDA ITEM # I '1 DATE: 12, 2005 DEPARTMENT: COMMUNITY DEVELOPMENT / JIM MUNCH PLANNING DEPARTMENT / JIM MUNCH TITLE A RESOLUTION AUTHORIZING THE CITY OF PUEBLO TO SUBMIT A BROWNFIELDS ASSESSMENT APPLICATION TO THE COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT TO COMPLETE A SITE ASSESSEMENT FOR THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY R -O -W EAST OF SANTA FE AVENUE TO THE R -O -W AT PUEBLO JUNCTION AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME ISSUE Should the City Council agree to submit an application to the Colorado Department of Public Health and Environment (CDPHE) to complete a site assessment for the Burlington Northern and Santa Fe Railway Company (BNSF) R -O -W east of Santa Fe Avenue to the BNSF main line R -O -W at Pueblo Junction and authorize the President of Council to execute same? Approval of the Resolution. BACKGROUND The Citys Planning Department is requesting City Council to submit an application to the CDPHE to complete a site assessment for the BNSF R -O -W containing approximately 3.3 acres east of Santa Fe Avenue. If approved, CDPHE personnel would perform the assessment with the assistance of contractors for specific expertise. The assessment would include a Phase 1, Phase 2, or other specific site assessment assistance. The City has entered into a real estate contract with BNSF to acquire the property and the completion of a site assessment will identify if there is any contamination of the site prior to determining whether to finalize the purchase of the property (see attached application). FINANCIAL IMPACT The site assessment will be completed by the CDPHE and does not have a requirement for matching funds. CDPHE Brownfields Assessment Program Brownfileds Assessment Application Santa Fe Railroad R -O -W 1. Contact Person James Munch, Asst. City Manager for Community Development (719) 553 -2259 (719) 553 -2359 (fax) 211 East "D" Street, Pueblo, CO 81003 jmunch @pueblo.us 2. Site/Project location A. Burlington Northern and Santa Fe Railway Company (BNSF) R -O -W east of Santa Fe Avenue to the BNSF main line R -O -W at Pueblo Junction. B. The railroad R -O -W is within the city limits of Pueblo, CO 81003, located within Pueblo County and property is approximately 3.3 acres in size. C. See attached US GS quad map overlayed with the City of Pueblo corporate map. D. There are no delinquent property taxes. E. The Pueblo County Assessor's Office places no ($0) value on the property. 3. Site History and Current Status A. The railroad R -O -W was utilized as a downtown spur for the AT & Santa Fe Railroad that provided pickup and delivery of goods for downtown businesses, lumberyards, and other manufacturing businesses. The Sanborn Fire Insurance Map for 1893 shows this railroad line in place. Aerial photography from 1978 shows that the railroad tracks had been removed and that the R -O -W was being utilized as an access road. The access road served the private property located to the southeast of the site, as well as to a City's police training site. B. The site has not had CDPHE or EPA funds invested in the property or is not identified for an ongoing or planned state or federal enforcement action. Based on the review of CDPHE's list of identified Hazardous Materials sites, this property is not included within the list of sites in Pueblo, CO. In addition the Site Assessment — Special Report for the Final Ecosystem Restoration Report and Environmental Assessment for the Arkansas River Fisheries Habitat Restoration, Pueblo, Colorado (December 13, 1999) does not identify this property in the site inventory of identified hazardous materials sites within the City of Pueblo (see attached Site Assessment — Special Report, Detail Map 3). C. The site was previously used as part of a downtown pass through rail line that connected to the Santa Fe Railroads north/south tracks east of downtown and to the east/west tracks at the west end of the downtown. The tracks remained in place until approximately 1978 following the acquisition of the some of the R -O -W west of the site for downtown improvement projects. It appears that the site has not had further rail transportation activity during the past 27 years. The property does not appear to contain any obvious or visual environmental contaminates and there is no information available at this time to indicate that any past environmental investigations have taken place on the site. The R -O -W is adjacent to the 121 -170 River Street property that is currently being acquired for the development of a new downtown hotel that will be along Santa Fe Avenue immediately east of the Pueblo Convention Center. A portion of the 100 -foot R -O -W is anticipated to continue to be used as an access road, but the remainder of the R -O -W is planned to be transferred to the developer of the new downtown hotel. D. The property was originally owned by the Atchison, Topeka & Santa Fe Railroad from at least 1893 until 20 -25 years ago when the company went through a merger with other railroad companies. Additional railroad company mergers have taken place during the past 20 years. Currently the R -O -W is owned by the Burlington Northern and Santa Fe Railway Company. The City has obtained a Temporary Agreement Covering Advance Right of Entry and Occupancy of BNSF Railway Company property that will remain in affect for a one -year period as of November 15, 2005. The Agreement allows for right of entry and occupancy for the City, its employees, agents, contractors or subcontractors and their employees. 4. Project Period and Budget The project period and budget are not applicable to this application. 5. Assurance of Future Redevelopment of the Site A. The property will be transferred from the BNSF Railway to the City of Pueblo. Following the subdivision of the property, the City will retain a roadway R -O -W on a portion of the property. The balance of the property will be transferred from the City to either the Pueblo Urban Renewal Authority or directly to the developer of the new hotel site. If the private development property is transferred to the Urban Renewal Authority, it will ultimately be conveyed to the private developer of the new hotel site. If CDPHE requires the recouping of all or a portion of the expenditures to complete the site assessment, the reimbursement of those costs will be included as a condition of the conveyance of the property from the City to the private developer. B. The City is working in cooperation with the Pueblo Urban Renewal Authority and the Pueblo Economic Development Corporation to facilitate the private development of the new hotel in the downtown. Describe the roles of all other key stakeholders in the project (i.e., community organizations, state involvement, city involvement, etc.). C. The plans for the development of the new hotel site will require approval of the purchase of the property, subdivision of the property, and any conveyance of portions of the property by City Council. The subdivision and any other land use approvals will be reviewed by the City of Pueblo Planning and Zoning Commission which by City Charter is required to conduct public hearings on the proposed project and land use changes. The project will be reviewed with the Pueblo Urban Renewal Authority Board and the Pueblo Downtown Merchants Association. D. If the Pueblo Urban Renewal Authority implements a TIF program within the boundary, a potential funding source could be generated to assist with funding the cleanup of the portion of the property slated for private development. If the cost of cleanup is financially feasible, the City of Pueblo could require the private developer to pay for cleanup of the area slated for development as a condition of transferring the property. Identify cleanup- funding sources (i.e., direct or leveraging of funds and availability of financial incentives such as TIF's. E. The desired future use of the site is for a publicly dedicated roadway and the remaining portion of the property will be combined with the 121 -170 River Street property that is being proposed for the development of a new downtown hotel. The R -O -W is identified in the Pueblo Expanded Urban Renewal Project as part of the Santa Fe Avenue District containing retail and commercial development that is within an area protected from the 100 -year flood by a levee or dike structure. E. Since the intent of this project is to transfer a portion of the property for the development of a new hotel. It is likely that the property, if appropriate, will go through the voluntary cleanup process similar to the 121 -170 River Street property. The intent of the adjacent property owner is to develop a new hotel in downtown Pueblo. A new hotel will provide jobs for the community, as well as possibly require new jobs at the Pueblo Convention Center. 6. Benefits A. The property will be combined with the 121 -170 River Street property that has been approved by CDPHE as for mixed commercial and industrial land uses. The proximity of the property to the Pueblo Convention Center will aid in making the hotel project a success, as well as spurring other beneficial revitalization activities within the Santa Fe Avenue District. B. The site redevelopment will be a key part in attracting the development of a new downtown hotel that will provide additional lodging rooms to allow for larger groups to utilize the Pueblo Convention Center. The community will benefit through increased property and sales tax revenues generated from the hotel development, as well as the potential for an increase in income at the Pueblo Convention Center. This additional revenue will reduce the reliance of using other public funds to subsidize the operations at both the Pueblo Convention Center and the Historic Arkansas Riverwalk Project. The public funds generated through this project provide a greater tax base to maintain existing services to the residents of the City. C. It is not known if a health environmental threat exists on the property. Through the assessment process, the City will find out if environmental threats are identified and if it is appropriate for the use of portions of the property for private development. JR 'Ott 'sear 3`i, IOU � w � y �4 �� -44K A °ow 1 �� -44K A °ow