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