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HomeMy WebLinkAbout11963RESOLUTION NO. 11963 A RESOLUTION FORMALLY REQUESTING THE UNION PACIFIC RAILROAD TO REMOVE THE ABANDONED RAILROAD BRIDGE OVER FOUNTAIN CREEK, REMEDIATE ANY ENVIRONMENTAL CONTAMINATION, AND SUBSEQUENTLY DONATE SAID PROPERTY TO THE CITY OF PUEBLO WHEREAS, the Federal Emergency Management Agency (FEMA) has determined that the abandoned railroad bridge over Fountain Creek is causing a significant constriction of the floodway; and WHEREAS, the removal of the bridge is necessary to restore Fountain Creek’s capacity to accommodate a 100-year event; and WHEREAS, if the bridge is not removed, FEMA will include a significant portion of Pueblo’s historic East Side neighborhood within the preliminary 100-year flood plain map, thereby causing property owners in such neighborhood to incur significant flood insurance costs; and WHEREAS, the bridge is on Union Pacific Railroad property which has not been properly maintained and presents a safety hazard; BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Union Pacific Railroad is hereby requested to remove its abandoned railroad bridge over Fountain Creek, remediate any environmental contamination as may be present upon the bridge property, and donate said property to the City of Pueblo upon completion. INTRODUCED: August 23, 2010 BY: Steve Nawrocki /COUNCILPERSON Background Paper for Proposed RESOLUTION DATE: AUGUST 23, 2010 AGENDA ITEM # M-11 DEPARTMENT: PUBLIC WORKS DIRECTOR – EARL WILKINSON. P.E. TITLE A RESOLUTION FORMALLY REQUESTING THE UNION PACIFIC RAILROAD TO REMOVE THE ABANDONED RAILROAD BRIDGE OVER FOUNTAIN CREEK, REMEDIATE ANY ENVIRONMENTAL CONTAMINATION, AND SUBSEQUENTLY DONATE SAID PROPERTY TO THE CITY OF PUEBLO ISSUE Should the City Council formally request the Union Pacific Railroad to remove the abandoned railroad bridge over Fountain Creek, remediate any contaminated property associated therewith and donate said property to the City? RECOMMENDATION Approval of this Resolution. BACKGROUND The Federal Emergency Management Agency (FEMA) has determined that the abandoned railroad bridge over Fountain Creek is causing a significant constriction of the floodway making it incapable of adequately accommodating a 100-year flood event, and thereby impacting portions of the historic East Side neighborhood. If the bridge is not removed to allow sufficient flow, FEMA will include affected properties within that neighborhood in the preliminary 100-year flood plain map (DFIRM Maps). The abandoned bridge is believed to be located on private property owned by the Union Pacific Railroad. This property is not currently being maintained, constitutes a safety hazard and may be an attractive nuisance. The City is willing to accept donation of the property and thereafter take over maintenance, but only if the Union Pacific Railroad removes the bridge and properly characterizes and remediates any contaminants as may exist at the Railroad’s expense. FINANCIAL IMPACT Although there are no costs to the City at this time, if the affected portions of the historic East Side neighborhood become included in the DFIRM Maps as within the 100 year floodplain, the property owners will become subject to significant flood insurance costs.