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HomeMy WebLinkAbout14366RESOLUTION NO. 14366 A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO APEX COMPANIES, LLC FOR THE USE OF THE ALLEY RIGHT-OF-WAY IMMEDIATELY BEHIND 1722 SOUTH PRAIRIE AVENUE TO INSTALL A VAPOR MONITORING POINT BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The attached Revocable Permit is authorized to be issued to Apex Companies, LLC for the use of the alley right-of-way directly behind 1722 South Prairie Avenue to install a vapor monitoring point. SECTION 2. The use of the public right-of-way granted hereby is subject to all limitations, terms, and conditions set forth in the attached Revocable Permit. SECTION 3. The officers and staff of the City are directed and authorized to perform any and all acts consistent with the intent of this Resolution to effectuate the policies and procedures described herein. SECTION 4. The City Clerk is directed to cause said Revocable Permit to be forthwith recorded in the office of the Pueblo County Clerk and Recorder. SECTION 5. This Resolution shall become effective immediately upon passage and approval. INTRODUCED February 24, 2020 BY: Ed Brown MEMBER OF CITY COUNCIL APPROVED: PRESIDENT OF CITY COUNCIL ATTESTED BY: CITY CLERK City Clerk’s Office Item # M-4 Background Paper for Proposed Resolution COUNCIL MEETING DATE: February 24, 2020 TO: President Dennis E. Flores and Members of City Council CC: Nicholas A. Gradisar, Mayor VIA: Brenda Armijo, City Clerk FROM: Sam Vigil, P.E., Director of Public Works SUBJECT: A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO APEX COMPANIES, LLC FOR THE USE OF THE ALLEY RIGHT-OF-WAY IMMEDIATELY BEHIND 1722 SOUTH PRAIRIE AVENUE TO INSTALL A VAPOR MONITORING POINT SUMMARY: Attached is an application for a revocable permit submitted by Apex Companies, LLC. PREVIOUS COUNCIL ACTION: None. BACKGROUND: APEX Companies is requesting a revocable permit to install a vapor monitoring point in the alley right-of-way directly behind 1722 South Prairie Avenue, formerly the Gas Stop. The purpose of the vapor monitoring point is to monitor the vapors potentially related to petroleum hydrocarbon- impacted groundwater and soil. FINANCIAL IMPLICATIONS: None. BOARD/COMMISSION RECOMMENDATION: The Revocable Permit Review Committee recommends approval. STAKEHOLDER PROCESS: None. ALTERNATIVES: Denying the Resolution will prevent the installation of the vapor monitoring point. RECOMMENDATION: Approval of the Resolution. Attachments: Revocable Permit, Letter of Intent, Certificate of Liability, Site Plan re: Resolution 14366 Reception 2171260 03/05/2020 03:27:02 PM REVOCABLE PERMIT Pursuant to the authority granted by Section 16-9 of the Charter of Pueblo, a Municipal Corporation, (the"City"),the City Council of City hereby grants the following revocable permit to Permittee subject to and conditioned upon the provisions herein contained and the Permittee's compliance therewith: Michael Crenshaw/Apex Companies,4150 Darley Ave.,Ste. I,Boulder,CO 80305 1. Name,Address and Telephone Number of Permittee: 303.444.0187 2. Permitted Area: 1722 South Prairie Ave.,Pueblo,alley in ROW on east side of property 3. Purpose of Revocable Permit: Installation of one soil vapor monitoring point 4. Authorized Improvements: Work authorized by the Colorado Department of Labor and Employment,Division of Oil and Public Safety 5. Commencement Date: January 31,2020 Time: 0800;work to include approximately 3 hours of drilling and completion 6. Ending Date: TBD or upon approval Time: Ongoing quarterly sampling until site closure per/CDLE/OPS PERMITTEE IN CONSIDERATION OF THE ISSUANCE AND GRANTING OF THE ABOVE DESCRIBED REVOCABLE PERMIT(THE"PERMIT")REPRESENTS,WARRANTS AND AGREES: (a) The Permitted Area shall be used for the above-specified Purpose of Revocable Permit. No use of the Permitted Area shall be made before the time of the Commencement Date. (b) All structures,fences,tables,chairs,equipment or other improvements authorized to be placed in the Permitted Area by Permittee (the"Improvements") shall be constructed, installed, and maintained by Permittee in compliance with all applicable codes,ordinances, rules and regulations of City and this Permit. (c) If the Revocable Permit is issued for a sidewalk café, the Permittee and sidewalk café shall be subject to all the provisions, conditions and requirements contained in section 9-10-84 of the Pueblo Municipal Code, or as same may be amended, which are incorporated herein by reference. In addition, no Improvement shall be tied-down or chained to any tree within or adjacent to the Permitted Area nor shall any Improvement be installed or located in such a manner as to hinder or interfere with the opening of motor vehicle doors or passenger movement to and from motor vehicles parked adjacent to or near the Permitted Area. (d) If this Permit is issued for the use of the public right-of-way for a special event,Permittee shall deposit with the City the sum of $500.00("Deposit"). The Deposit will be forfeited to the City if Permittee does not remove all Permittee's equipment and property from, and clean and restore the Permitted Area to its original condition before the Time of the Ending Date. If so timely removed and cleaned, the Deposit will be returned to Permittee. (e) Before the Time of the Ending Date, or immediately upon any other termination of this Permit, Permittee shall, at Permittee's expense, remove all of Permittee's Improvements from the Permitted Area and clean and restore the Permitted Area to its original condition. Failure to timely remove all of Permittee's Improvements from the Permitted Area and clean and restore the Permitted Area to its original condition shall constitute Permittee's abandonment of the Permittee's Improvements, and City may, at Permittee's expense, remove and dispose of Permittee's Improvements and clean and restore the Permitted Area to its original condition. Permittee agrees to pay all City's costs and expenses,including reasonable attorney fees,incurred in the enforcement of this Permit. (t) Permittee shall keep all Improvements and Permitted Area in good,clean and safe condition and repair,free from litter,waste and debris. (g) Permittee shall indemnify,defend and hold City, its officers, agents and employees harmless from and against any and all suits, claims,liabilities,loss,damages and expenses,including reasonable attorney fees and cost of defense,arising,directly or indirectly,from or caused by the issuance of this Permit or the conditions hereof,or the existence,construction, installation,repair or maintenance of the Improvements in the Permitted Area, or the use of the Permitted Area or Improvements by Permittee, its officers, agents, employees, invitees or general public. (h) Neither this Permit nor any of the privileges granted to Permittee hereby, may be conveyed, assigned, transferred or sublet by Permittee without the prior written consent of the City Council of City. Any attempted conveyance, assignment,transfer or subletting of the Permit or Permitted Area without the written consent of the City Council of Pueblo shall be void and of no effect and shall cause this Permit to be automatically revoked. CA—6/7/17 2171260 03/05/2020 03:27:02 PM Page: 2 of 2 R 18.00 D 0.00 T 18.00 Gilbert Ortiz Clerk/P.ecorder. Pueblo County: Co 1111 Ml FaIVNUiJr:i#':lflLkkrill 11 III (i) Permittee shall keep and maintain commercial general liability insurance covering the Permitted Area and Improvements in amounts not less than$1,000,000.00 combined single limits per occurrence and aggregate,naming the City as an additional insured and contain a waiver of rights of subrogation against City. A certificate for such insurance and each renewal thereof shall be delivered to the City. Failure to maintain such insurance shall cause this Permit to be automatically revoked. (j) Trees,landscaping and shrubbery within or adjacent to the Permitted Area shall be protected from damage or injury by Permittee and shall not be removed except after receipt by the Permittee of the written consent of the City's Director of Parks and Recreation. (k) Any notice or other document required or permitted herein shall be in writing and delivered personally or by first class mail, postage prepaid,as follows: (i) If to Permittee,at the address shown in paragraph I above. (ii) If to City, 1 City Hall Place,Pueblo,Colorado,81003,Attention:Revocable Permit Review Committee. Each party reserves the right to change its address provided notice of such change is given in accordance with this paragraph(k). (1) City reserves and is hereby granted by Permittee access to,under and through the Permitted Area for any and all purposes. City may injure, damage or remove any and all Permittee's Improvements in the Permitted Area in exercising the right of access hereby reserved and granted. Permittee assumes the risk of injury,loss and damage to Permittee's Improvements within the Permitted area,and City shall have no responsibility or liability for any damage or injuries thereto, whatsoever the cause, including,but not limited to,the acts or omissions of City,its officers,employees,or agents. (m) This Permit shall terminate upon the occurrence of any one of the following events: (i) the Time of the Ending Date, (ii) abandonment or non-use by Permittee for a period of three(3)consecutive months,(iii)surrender or cancellation of the Permit in writing by Permittee, (iv) automatic revocation as provided in paragraphs(h)and(i)above;or(v)revocation or termination of this Permit by resolution of the City Council of City. The termination of this Permit shall not relieve Permittee from Permittee's obligations under paragraph(f)until the Authorized Improvements have been removed by Permittee in compliance with paragraph(e). (n) Permittee acknowledges and agrees that this Permit is temporary and subject to revocation or termination by resolution of the City Council of City,in its sole discretion,for any reason or no reason,at anytime,without liability to City,and without notice to or hearing by Permittee. Permittee waives any and all right or claim to such notice,hearing,and liability of the City. Signed in Boulder,Colorado this 2 3 day of J s -u- ,20 20 PERMI F1'EE: Organization: A.ex Com.anies LLC By: Michael Crenshaw.P.G. Title: Senior Geologist STATE OF COLORADO ) COUNTY OF PUEBLO )ss. The foregoing instrument was acknowledged before me the 2 3 day of C1I /](.t44' , 20 "20 by 0611 41 (I- y as eV" 6 eo 0,9-70-- I . My commission expires: (vj ?-i ,Z04.5 [SEAL] ota blit JULIE TACKETT NOTARY PUBLIC STATE OF COLORADO APPROVED this a�. day of ,240. NOTARY ID 20164028731 PUEBLO,a Municipal Corporation art COMMISSION EXPIRES JULY 21.2023 By , 411' Nicholas A. radisar,Mayor CA—6/7/17 APEX January 23,2020 Mr. Michael Barela City of Pueblo, Department of Transportation 350 Alan Hamel Avenue Pueblo, Colorado 81003 Subject: Revocable Permit Application Gas Stop 1722 South Prairie Avenue, Pueblo, Colorado 81003 Apex Project No. 5642-001 Dear Mr. Barela: On behalf of Karl Frei (property owner) and the Division of Oil and Public Safety (OPS) of the Colorado Department of Labor and Employment(CDLE),Apex Companies, LLC(Apex)is requesting a revocable permit for remediation well installation and subsurface trenching within the City of Pueblo public right-of-way(ROW), at the above referenced site (Figure 1). Permit application fees will be submitted to the City of Pueblo upon submittal of this application. Apex and its subcontractor,GDI Drilling,will install 2 vapor monitoring points(VP-1 and VP-2)between January 31 and April 3, 2020. VP-1 will be installed on private property at 1722 South Prairie Avenue. VP-2 will be installed within the ROW in the alley between South Prairie Avenue and Sierra Place, as shown in Figure 1. The purpose of the vapor points is to monitor vapors potentially related to petroleum hydrocarbon-impacted soil and groundwater, associated with a gasoline release being regulated by the OPS(Event ID 13180).Well installation is anticipated to take approximately 3 hours. Potholing will be performed to clear the boring location of utilities to 5-feet below grade and allow completion of VP-2. Figure 2 presents the final well design. Final completion will include an 8-inch flush mount roadbox to be matched to the existing ground surface.Thereafter, Apex will perform quarterly subsurface vapor sampling of the newly installed wells with an approximate duration of 1 hour per visit per well. Please call me at 303.444.0187 if you have any questions or comments regarding this submittal. Thank you for your time and I hope to hear from you soon. Sincerely, Apex Companies,LLC Michael Crenshaw, P.G. Senior Geologist Attachments: Figure 1 —Site Map Figure 2—Vapor Point Well Section Certificate of Insurance Revocable Permit Application Apex Companies LLC 415u Darley Avenue Sulk 1 E30(,' CO 50300 1 '01I 194 130:,473 3535 apexcas.corn 1 WATER SHUT OFFGAS I 41 ,, ; .._ i , _ STOP N / 1722 SOUTH PRAIRIE _ w- A,-E s FORMER DISPENSERS MW-9 \ 0 TOO Ot$01 i 1 4) i ; C fib Li ; N '44 UJ rs ...1 4.., -J 0 szL *It FORMER >.1 03 CC MW-4 DISPENSERS Q al Q 1 *a css c3c)II et MW-5 a 1 E 0 0 i 0 FORMER USTs .x Proposed shed location Z I 1 Si 1 1 2 i 44* 1 . _ I N ' NIP" 0k 1 20i OX-1 r\ ../ , , , , 1 15 ft , 70k MP-1 0 0 MW-1 12k 0X3 (---)' . , MW-3 VP-2A I MW-6 / Location 1 1 %. [ 1 requiring LEGEND , VR-2 i I ROW permit . i 0 Monitoring well -(13- Biosparge well MW-2 MW-8 MW-7 0 Monitoring point . Proposed biosparge well A VP-1 ( Plei Proposed vapor recovery well A Proposed vapor monitoring point I 1726 SOUTH 0 20' Proposed remediation system trench I PRAIRIE AVENUE Approximate Scale UTILITIES: FIGURE 1 -Proposed Well Layout Vent lines ——— Water Gas Stop Overhead electric 1722 South Prairie Avenue,Pueblo,CO , --- Sanitary sewer 1 Apex Job No.5642-001 DATE-12/5/19 IMINDO) FILE-5642-001 F1 Layout& 4 Gas APEX Typical Vapor Monitoring Point VP-2 8"Road Box Concrete Backfill 1'bgs 1/4-inch Teflon tubing Hydrated bentonite seal 4.0'bgs Silica Sand Pack 4.5'bgs ` • 6-inch long SS mesh implant; ` —� 1/2-inch dia. 5.0'bgs , ,` 6"Diameter Boring 5.5'bgs Not to Scale FIGURE 2-Vapor Monitoring Point Section Gas Stop 1722 S.Prairie Ave.,Pueblo,CO Apex Job No.5642 DATE ` V FILE564P well sect. APEX