A PROPOSED RESOLUTION – CONCERNING THE

DENVER FEDERAL CENTER

​A Resolution of the Lakewood City Council directed to:

  • the Congress of the United States of America;
  • Donald Trump, The President of The United States of America;
  • The Bi-Partisan “Public Buildings Reform Board” (“The Board”).

Whereas:  The Federal government has designated a 59-acre parcel at the Denver Federal Center, known as the “Horseshoe Property” as “surplus” or “excess” property; and

Whereas:  The Horseshoe Property lies within the City of Lakewood; and

Whereas: The Board is considering the future of the Horseshoe Property and will be submitting a recommendation to Congress; and

Whereas:   The Denver Federal Center employees approximately 8,000 people, who work and live in and around Lakewood and the Denver Federal Center; and

Whereas:   The historic use of the Horseshoe Property by the Federal Government has left behind a legacy of acknowledged contaminated and tainted soil and groundwater; and

Whereas:   The northern most area of the Horseshoe Property consisting of approximately 15 acres has been declared as contaminated soil and abandoned landfill and should remain forever capped for containment; and

Whereas: According to court documents, the remaining 44 acres of the Horse Shoe Property overlies ground water contaminated by oil and varying levels of chemical contamination, including lead, high concentrations of polycyclic aromatic hydrocarbons, metals, dioxin/furans, pesticides and asbestos all a potential threat to physical health and safety; and

Whereas: Many of these chemicals are known Carcinogens and Nuero  Teratogens (causing birth defects); and

Whereas:   The Colorado Department of Health & Environment has declared “pockets of contamination” requiring cleanup may currently exist on the southernmost acres of the Horse Shoe Property; and

Whereas: ​A nuclear reactor operates in the immediate vicinity of the Horseshoe Property and radioactive materials are stored on or near the property; and

Whereas: ​The level of radiation contamination on the Horseshoe Property is presently unknown; and

Whereas: ​The Horseshoe Property has little intrinsic value as evidenced by the fact that it was recently offered for sale at public auction. The top bid was for $6 million dollars and, at a recent meeting of the Board, it was stated that the costs of brownfield redevelopment at the site might far outweigh the costs of acquisition, rendering the parcel virtually worthless ; and

Whereas: ​The Congressional action being requested by this resolution would result in little or no additional cost to the government or the taxpayers; and

Whereas:  ​The Lakewood City Council has responsibility and oversight for the health, safety and welfare of all current and future citizens of the City of Lakewood; and

Whereas: ​The Lakewood City Council in accordance with our sacred responsibility for the health, safety and welfare of our citizens and in order to protect her citizens, wishes to preserve the Horseshoe Property on the Denver Federal Center as Open Space, undisturbed, in perpetuity: and

Whereas:  Another alternative would be to require that the Horseshoe Property be completely cleaned and remediated by the federal government as the party responsible for its contamination;

NOW THEREFORE, The Lakewood City Council hereby resolves that our Congressional Representatives, along with the recommendation of the Board, each of whom also has an immediate and sacred responsibility and obligation for the health, safety and welfare of these same citizens, shall take the following immediate action to introduce a bill to the United States Congress and pass into law:

  • That the Horseshoe Property shall CONTINUE TO BE OWNED BY THE UNITED STATES OF AMERICA, IN PERPETUITY as a matter of law, and shall never again be declared as “surplus” or “excess” which would prevent the “disposal” of said property in any manner;
  • That the Horseshoe Property shall REMAIN AS OPEN SPACE UNDISTURBED, so as to not to threaten the health, safety and welfare of the citizens of the City of Lakewood or the citizens of the surrounding areas.
  • As an alternative, that the Horseshoe Property shall be transferred to the City of Lakewood, in fee simple, to remain undisturbed, as open space in perpetuity; provided however that the United States of America shall fully indemnify and hold harmless the City of Lakewood for any future environmental remediation or cleanup of existing contamination; and that the United States of America shall be solely responsible for all such environmental remediation and/or cleanup of existing contamination on the Horseshoe Property.
  • In the alternative, that the necessary funding be appropriated to FULLY CLEAN-UP AND REMEDIATE the Horseshoe Property of all contamination.

I hereby certify, etc. ………………

___________________________

Mayor or Mayor Pro Tem

ATTEST:

__________________________

City Clerk

APPROVED AS TO FORM:

________________________

CITY ATTORNEY

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