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HomeMy WebLinkAbout09747RESOLUTION NO. 9747 A RESOLUTION APPROVING AN AGREEMENT BETWEEN PUEBLO, A MUNICIPAL CORPORATION, AND ROCKY MOUNTAIN STEEL MILLS RELATING TO THE ARKANSAS RIVER/RUNYON LAKE HABITAT RESTORATION PROJECT AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME WHEREAS, the City of Pueblo will receive a donation of $50,000 from Rocky Mountain Steel Mills (RMSM) pursuant to Compliance Order on Consent between the U.S. Environmental Protection Agency and RMSM for the Arkansas River /Runyon Lake Habitat Restoration Supplement Environmental Project, subject to the execution of a Donation Recipient Agreement; and WHEREAS, the funds will be utilized as a portion of the City of Pueblo's Local Project Sponsor matching funds of the U.S. Army Corps of Engineers Arkansas River Fisheries Restoration Project; and BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1 An Agreement dated December 23, 2002, between the City of Pueblo, a Municipal Corporation, and the Rocky Mountain Steel Mills for the Arkansas River /Runyon Lake Habitat Restoration project, a copy of which is attached hereto having been approved as to form by the City Attorney, is hereby approved. SECTION 2 The President of the City Council is hereby authorized to execute and deliver said Agreement 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 23, 2002 BY Al Gurule Councilperson APPROVED: resident of City Council ATTEST: City C ____ ) � - t* 9 74.7 Background Paper for Proposed RESOLUTION AGENDA ITEM # I DATE: DECEMBER 23, 2002 DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT /JIM MUNCH PLANNING DEPARTMENT /CATHY GREEN TITLE A RESOLUTION APPROVING AN AGREEMENT BETWEEN PUEBLO, A MUNICIPAL CORPORATION, AND ROCKY MOUNTAIN STEEL MILLS RELATING TO THE ARKANSAS RIVER /RUNYON LAKE HABITAT RESTORATION PROJECT AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME ISSUE Should the City Council approve a Donation Recipient Agreement between the City of Pueblo and Rocky Mountain Steel Mills relating to the Arkansas River /Runyon Lake Habitat Restoration Project and authorize the President of Council to execute the agreement? RECOMMENDATION Approval of the Resolution. BACKGROUND The City submitted a Supplemental Environmental Project (SEP) proposal to Rocky Mountain Steel Mills (RMSM) to provide $50,000 in funding to assist with the completion of a portion of the U.S. Army Corps of Engineers Arkansas River Habitat Restoration Project. The funding is proposed to assist in funding the planting of trees and removal of non - native trees in the Runyon Lake area, as well as reshape and plant the shoreline of Runyon Lake to improve shoreline habitat. The funding is being provided by Rocky Mountain Steel Mills pursuant to Compliance Order on Consent between the U.S. Environmental Protection Agency and RMSM. The scope of work for the use of the RMSM funds is already included as part of the U.S. Army Corps of Engineers Habitat Restoration Project. The RMSM funds will be utilized as part of the City's Local Project Sponsor matching funds. The work will be coordinated with the Engineers from the U.S. Army Corps of Engineers. FINANCIAL IMPACT The City of Pueblo has appropriated and budgeted the $50,000 as part of the Arkansas River Corridor Legacy Project in account AL0201. At the time of the approval of the appropriation's ordinance for the Arkansas River Corridor Legacy Project, City Council members recommended that Community Development Block Grant funds not be used as part of the City's matching funds for the Army Corps of Engineers Habitat Restoration Project. The donation of the $50,000 by RMSM will allow the overall project budget to be modified by removing the $40,000 in CDBG funds and the $10,000 from Other Contributions (see attached Project Budget form). In the 2003 City Budget $600,000 of the committed reserve funds will be reimbursed by the Legacy Project Partners. The following breakdown shows the funds that have been reimbursed by project partners that will be credited to the FY2003 budget: Arkansas River Habitat Improvements Greenway & Nature Center Environmental Ed. Area River Trail Replacement Pueblo Zoo — River Otter Total Reimbursements Sources of Funds Trout Unlimited $ 1 Reimbursement Pueblo County $ 15,000 Board of Water Works $132,000 Packard Foundation $ 50,000 Board of Water Works $ 93,000 Pueblo Zoological Societv $100.000 The RMSM donation of $50,000 will be reimbursed to the City following completion of the work identified in this agreement. Lee R. Evett City Manager David J. Galli Deputy City Manager • • Donation Recipient Agreement Mr. Carl Hund Environmental Manager Rocky Mountain Steel Mills PO Box 316 Pueblo, CO 81002 One City Hall Place Pueblo, Colorado 81003 Phone (719) 5840800 Fax (719) 5840850 RE: Supplemental Environment Project Rocky Mountain Steel Mills Consent Decree Dear Mr. Hund: Pueblo, a municipal corporation (City of Pueblo) agrees that upon receiving the donation of $50,000 from Rocky Mountain Steel Mills (RMSM) pursuant to Compliance Order on Consent between the U.S. Environmental Protection Agency and RMSM, the City of Pueblo will use the money for the following Supplement Environmental Projects (SEPs) or Beneficial Environmental Project (BEPs): Arkansas River/Runyon Lake Habitat Restoration City of Pueblo will use $50,000 to assist in funding the following scope of work: Remove non - native vegetation and plant new cottonwood trees and native riparian vegetation along the Arkansas River. 2. Create shoreline habitat at Runyon Lake through reshaping of shoreline areas and planting cottonwood trees and other native riparian vegetation. City of Pueblo will use the donation to assist in funding the Arkansas River Fisheries Habitat Restoration Project being completed by the U. S. Army Corps of Engineers within two years of the receipt and acceptance of this letter. The City of Pueblo anticipates work to be completed by April 29, 2005. City of Pueblo agrees to provide RMSM a quarterly written report outlining work completed to date and funds spent to date. The report shall be submitted to RMSM by the 15' day of the month following each quarter (January, April, July, October). Within 30 days after completion of the above described SEP, the City of Pueblo shall send a SEP Completion Report to RMSM that will be copied to the Environmental Protection Agency. The SEP Completion Report shall contain the following information: a. A detailed description of SEP as implemented; b. Itemized costs of up to $50,000 spent on the SEP; c. Certification that the SEP has been fully implemented; d. A description of the environmental and public health benefits resulting from the implementation of the SEP. If the City of Pueblo ultimately does not or cannot use the monies for the above - described purpose, City of Pueblo needs to either: a. Contact RMSM to propose and request EPA - approval of an alterative SEP; or b. Return the money through a check payable to Rocky Mountain Steel Mills. The undersigned representative hereby certifies that he is authorized by the City of Pueblo to legally bind the City of Pueblo, to the terms and conditions of this SEP- Michael Occhiato President of City Council December 23, 2002 Date