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Home My WebLink About1999 Ordinance No. 067.. • • • ORDINANCE NO. /Q.J. SERIES OF 1999 BY AUTHORITY COUNCIL BILL NO. 69 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO AND THE REGIONAL TRANSPORTATION DISTRICT, REGARDING ENVIRONMENTAL ASSESSMENT. WHEREAS , Englewood has been studying the General Iron Works site since 1997 for a potential residential mixed-use transit-oriented-development; and WHEREAS , the City has been awarded a Brownfield Assessment Pilot in 1997, which was used to obtain the Phase I Environmental Assessment for north Englewood delivered in January 1998 ; and WHEREAS, the assessment studied industrially zoned properties in north Englewood including General Iron Works ; and WHEREAS , the assessment indicates that redeveloping General Iron Works will require addressing environmental issues; and WHEREAS, RTD identified the General Iron Works site in the Southeast Corridor Draft Environmental Impact Statement as the preferred alternative location for building the transit vehicle maintenance facility to serve the Southeast Corridor with the proposed facility including administrative offices ; and WHEREAS , the City proposes to use the EPA Brownfield Pilot funds for $100,000 participation in the Environmental Assessment; and WHEREAS, based on the source of funds , EPA must sign off on the Scope of Work, Quality Assurance Project Plan and possibly other aspects of the project; and WHEREAS, the City and the Regional Transportation District have set forth their respective obligations in the Intergovernmental Agreement; NOW, THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO , AS FOLLOWS: Section L The intergovernmental agreement between Regional Transportation District and the City of Englewood, Colorado regarding environmental assessment of the General Iron Works property, attached as "Exhibit A", is hereby accepted and approved by the Englewood City Council . -1- Section 2. The Mayor is authorized to execute and the City Clerk to attest and seal the Agreement for and on behalf of the City of Englewood, Colorado. Introduced, read in full, and passed on first reading on the 1st day of November , 1999. Published as a Bill for an Ordinance on the 5th day of November, 1999 . Read by title and passed on final reading on the 15th day of November, 1999. Published by title as Ordinance No.(QJ Series of 1999, on the 19th day of November, 1999. I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado , hereby certify that the above and foregoing is a true copy of the Ordinance pa d on final reading and published by title as Ordinance No.t.rLJ. Series of 99. -2- .. • • • ' • • • AGREE~ENT This Agrccm~nt m::i<l.: this_ day of_. 1999 between the Region:il Tran.<>portation District (R'lD), a political subdivision of the State or Colorado, and the City of Englewood (the City) is lo provide for a remedial investigation and fcasibiliLy study (investigation) of property which may be used in whole or in part for thl."! Southeast Corridor Light Rail Project. REC1T.1\LS : 1. RTO has entered into an inte r-governmental agreement with the Colorado Department of Transportation regarding design J.n<l con:;trucrion of a Southt!<iSt corridor Tntcr-1rn.1dal trunsport;:ition project (the SE Corridor). CDOT h<ls contracted to pcrfonn all preliminary e:ig im:t!ring (PE) for the SE Con-idor and has t!nGag~d the firm or Carter & Burgess to perform th;:it work. 2. RTD h::s i<lentifi..:d property llK:ited in the City :is :.i potenti:tl sit~ for use as :i m;-iinr1:n:incc facilily in the SL C1)rridor. The City is consiJ~ring allowing use of this prnpcny for othe:-devt::!opm1.:nt. The propt!!1Y in qucstiun ::1ay sutT1.:r from ~avironmcnlal cont:iminution. RTD and tile City b~lievc it is their mutual inte:-~st to h:.vc <l n.:meJi:i! illVi!Sti~i.lliOO nm.! fcasih\Jity p~rformed 011 the property to detcnnim~ the reasonabkncss and anLicipat~d cost of using the properly for joint dcvdopmr:nt and trnnsi l purposes . 3. The property in qut!stion incluJ~s the "Ge:1cral lron \\i'or~~s" site and th~ Stearns Rogers facility ;it npproxim:::tcty Santa Fe Avenue b~twe:::n B<.tcs and Yak Avenues. th~ Bob's :\uto Sit~ ;ilong Santa fe Ave:1ue betwc~n YJk and Vasc:;nr Avenues, '1nd the Burlington North~rn s~mt.:i F c prop1.:rty along S;in ta f c ,\venue bt:twecn Ilarvard A venue and Vas.s<1r A v1:nucs . 4. lhc City has been studying the Gencrnl lron Works site since 1997 for a potential n:sidcntial mixed-us~ transit-oriL:nted development. 5. 111e U . S. Environrnent:ll Protection agcm;y (EPA) awarded a I3cowuficl<l /\;-;,-;essm1:nt Pik1t to Englewood in 1997 which was usetl to oht'1in a Phase I Env ironmental .'\sscssm.:nt for north Englewood which wns delivered in Januory 1998 . The assessment studied ind1.1strially zoned properties in nurt h Englewood inclu<l1ng G~ner:ll Iron Wurks. The :issessm~nl indicated Lhut redc-v~loping General Iron Works will require aJcircssing cnvironmcnt:il issues. Funds provided by Englewood pursunnt lo thls :\tircemcnt will 1.1!ili/C this Rrownficlcls grunt. F.P.:\ h•L'i reviewed the scope of work for this Agrc~ment ::i.nd has approved use of these fun<ls . G. Although RTD identified the (]c neral Iron Works sile in the Southe:-:st Corridor dr..ift Environmental Impact Statement as the pr:.!fcrrc<l loca tion for building the RTD mainLcn::mee facility a reviseJ location including lhe northern portion of th.: Gcn~ral Iron E x H I 8 I T A Works property and additional propcrtil!:; in D~nvcr will be included in the Final F.nvironmcntal lmpact Statement as possible alternative:>. 7. ·111e parti~s wish to have th~ u1v0stigation of the property includ~d as part of the PE for the SE Corridor . In fur Lherance of Lhis goal the p<irtics agrel! as follows: CO~DlTTONS : 1. A scope or work for the investigation has bcc;1 prepared a!ld is attached hereto as Exhibit A ~m<l incorporated herein. Brown & Caldwell, the party designated as responsible for perfom1ing the work is :i slibcontractor to the Carlt>r & Burgess, the conlrnctor preparing the PE/EIS for CDOT. 2. RTD will rclllicst tbat CDOl include Exh ibit/\ as p:irt of the PE for the SE Corridor . lhe cost to the City as a result of work requ ired for the City is S l 00.000 (one hum.Ired thousand dollars). 3. Th e City will pay 5100,000 to RlD ur;o n the City's rcc.:ipt of :he reports sp~~ific<l in Exhibit A. RTD docs not by the Agrccme!1t guarnll!C\! pc:'.ormanc e of the in vc sli gation nnd the Ci Ly's on!y remedy in :he eve:1t or lJOr.·p ~:formancc .shall be :10.n- paymcnt. TI1e City acknowledges ;mu undcr.-;tands th::n RTD ha~ no contract with Car:cr & Burgess or Brown and C:il dwel l Jnd is acting only :lS a facilit::llor f"or th~ work and for p~ymcnt 4. lh!.! purpose of this Agn:emcnt is to <lC!tcrm ir•e th~ feas i bility o I entering inlu fulurc agrc~ments for joint dcvdopmcnt of th~ property which joint dcvelopme:-it wot.: ·d be designed to provic.le for public •md private w;es an<l a new RTD R::iil tr<i11.Sit :>top in the :irca . S. Nt:ithcr party to this ;1grccmcnt Cl1n11nits to rake or to refrain from t;iking any ::ict ion inc luding purchase or the property, use of the property. or development or the property as a result of t h ~ information provided by the invcstig:.ition. 2 , ' • • • , • • • APPROVED .i\S TO LF.GAL FORM FOR THE REGIONAL TRANSPORTATION DISTRlCT -·----------·-----Marla L. Lien Associate Counsel ATrEST : Loucrishia A. Ellis, City Clerk 3 RlGION.i\L TRANSPORTAT!ON DfSlRICT By: Clarcnct: W . Marsella General Manag1:r CTTY OF ENGLEWOOD By : Thomas J. Burns May or • COUNCIL COMMUNICATION DATE: November 1, AGENDA ITEM SUBJECT: Inter Governmental 1999 Agreement between Englewood 11 a ii and the Regional Transportation District INITIATED BY: Neighborhood and STAFF SOURCE: Business Development Mark Graham, Senior Planner PREVIOUS COUNCIL ACTION: John Claflin, Assistant General Manager of RTD, appeared at the Council Study Session October 4, 1999 to discuss environmental issues associated with the joint re-development of the General Iron Works property with a transit maintenance facility and residential land uses. Mr. Claflin advised Council that Englewood and RTD staff are drafting an Inter Governmental Agreement documenting Englewood's commitment of $100,000 of Brownfield Pilot Assessment Funds, (provided by the U.S. EPA) to further analyze the opportunities for residential development on a portion of the property. • RECOMMENDED ACTION: • Staff recommends that Council adopt an ordinance approving an Inter Governmental Agreement between the City of Englewood and the Regional Transportation District regarding Environmental Assessment and which anticipates future agreements addressing redevelopment issues. BACKGROUND: Englewood used 1997 Brownfield Pilot funds from the EPA to contract for a Phase I Environmental Assessment of industrial properties in North Englewood. That Phase I study, which included the General Iron Works site, was delivered in January 1998. Further environmental studies were conducted in 1998 to review information submitted to the Colorado Department of Public Health and Environment in conjunction with the sale of the General Iron Works property. An environmental risk assessment was conducted in 1999, (without entering the property), to determine the possibility of residential and commercial development. Since 1997, staff has conducted over a dozen meetings in North Englewood to discuss the impending redevelopment of General Iron Works property. The discussions have included the potential RTD Maintenance Facility, residential/ commercial mixed use, and light industrial or commercial land uses. The proposed Environmental Assessment will provide new and better data to evaluate the soil and ground water for the prospective land uses. Staff .. , '· 2 is currently working with the Planning and Zoning Commission on a Santa Fe • Drive/South Platte River Corridor Study to evaluate future land uses associated with the transportation investment in light rail. The mapped Corridor Study area includes the General Iron Works property and all land within a quarter mile east of the light rail line in Englewood. FINANCIAL IMPACT: The City of Englewood received a Brownfield Pilot Assessment grant of $200,000 in 1997 from the U.S. Environmental Protection Agency. The proposed General Iron Works assessment is an eligible activity and sufficient Brownfield Pilot funds remain to fund the City of Englewood 's $100,000 share of the environmental assessment. LIST OF ATTACHMENTS: Inter-Governmental Agreement G:\E VERYONE \leigh Ann \A GENDA\N ovember 1\CC COE RTD !GA .doc • •