Explanation
The City of Columbus, in partnership with the Columbus and Franklin County Metropolitan Park District (Metro Parks), is working to redevelop the Whittier Peninsula, an industrial brownfield site. A Covenant Not To Sue (CNS) was secured from the Ohio EPA through its Voluntary Action Program (VAP) for the Southern Tier of the Whittier Peninsula in June 2008. The Southern Tier has been redeveloped into parkland and a nature center. Metro Parks and the City are currently participating in Ohio EPA's VAP to secure a CNS for the Northern Tier of the Whittier Peninsula. The Northern Tier encompasses property owned by the City of Columbus as well as property owned by Metro Parks and is being redeveloped as public, open-space parkland.
At this time, Metro Parks, through its consultant Burgess and Niple, is participating in the VAP to secure a CNS for the former Lazarus Distribution Center, which is now a city-owned property that is adjacent to the Northern and Southern Tier sites. As part of the VAP process to obtain a CNS, Metro Parks is completing a No Further Action (NFA) letter for approval by the Ohio EPA. In order to secure a CNS, the City is required to execute an Environmental Covenant, which will limit the use of the property to recreational, commercial, or industrial land use pursuant to Ohio Revised Code §§ 5301.80 to 5301.92.
This legislation seeks authorization to execute instruments and documents as may be necessary to secure a CNS for the former Lazarus Distribution Center on the Whittier Peninsula including an Environmental Covenant and any other additional documents and instruments that are necessary and incident thereto.
Emergency action is necessary in order to maintain progress on this project.
FISCAL IMPACT: None
Title
To authorize the Director of Recreation and Parks to execute instruments and documents as may be necessary to secure a Covenant Not To Sue (CNS) for the former Lazarus Distribution Center on the Whittier Peninsula including an Environmental Covenant and any other additional documents and instruments that are necessary and incident thereto, and to declare an emergency. ($0.00)
Body
WHEREAS, the Whittier Peninsula is a brownfield site for which remediation must occur prior to the development of parkland; and
WHEREAS, the Columbus and Franklin County Metropolitan Park District (Metro Parks) has contracted with Burgess and Niple, Inc. to complete a No Further Action (NFA) letter for an area of the Whittier Peninsula identified as the former Lazarus Distribution Center, which is owned by the City of Columbus. Site remediation is taking place under the Ohio EPA's Voluntary Action Program such that a Covenant Not to Sue (CNS) can be obtained from the Ohio EPA; and
WHEREAS, in order to obtain the desired CNS, the City is required to execute an Environmental Covenant pursuant to Ohio Revised Code §§ 5301.80 to 5301.92; and
WHEREAS, an emergency exists in the usual daily operation of the Recreation and Parks Department in that it is immediately necessary to execute the necessary instruments and documents for the preservation of public health, peace, property and safety; NOW, THEREFORE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That the Director of Recreation and Parks is hereby authorized to execute instruments and documents as may be necessary to secure a Covenant Not To Sue (CNS) for the former Lazarus Distribution Center on the Whittier Peninsula including an Environmental Covenant and any other additional documents and instruments that are necessary and incident thereto.
Section 2. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor, or 10 days after passage if the Mayor neither approves nor vetoes the same.