City of Columbus - File #: 0827-2009

• File #: 0827-2009
• Version: 1
• Type: Ordinance
• Status: Passed
• File created: 6/1/2009
• In control: Recreation & Parks Committee
• On agenda: 6/15/2009
• Final action: 6/17/2009
• Title: To authorize the Director Recreation and Parks to execute instruments and documents as may be necessary to secure a Covenant Not To Sue (CNS) for the Northern Tier of the Whittier Peninsula including an environmental covenant, an Operation & Maintenance agreement, and any other additional documents and instruments that are necessary and incident thereto, and to declare an emergency. ($0.00)

Date	Ver.	Action By	Action	Result
6/17/2009	1	CITY CLERK	Attest
6/16/2009	1	MAYOR	Signed
6/15/2009	1	Columbus City Council	Approved	Pass
6/15/2009	1	COUNCIL PRESIDENT	Signed
6/5/2009	1	Rec & Parks Drafter	Sent for Approval
6/5/2009	1	CITY ATTORNEY	Reviewed and Approved
6/5/2009	1	Rec & Parks Drafter	Sent to Clerk's Office for Council
6/4/2009	1	REC & PARKS DIRECTOR	Reviewed and Approved
6/1/2009	1	Rec & Parks Drafter	Sent for Approval

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 is currently being redeveloped into parkland and a nature center pursuant to a Memorandum of Understanding executed in 2003 among the City of Columbus, the Columbus and Franklin County Metropolitan Park District and Audubon Ohio.

At this time, Metro Parks through its consultant Burgess and Niple, is participating in Ohio EPA's VAP to secure a CNS for a 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. As part of the VAP process to obtain a CNS, Burgess and Niple is completing a No Further Action (NFA) letter for approval by the Ohio EPA. The NFA letter will contain an "Operations and Management" agreement (O & M) that commits the City to a specific site remediation plan. In order to secure a CNS, the City is required to execute an Environmental Covenant, which will limit the use of the City-owned property to which this CNS applies to recreational, commercial, or industrial land use, pursuant to Ohio Revised Code §§ 5301.82 to 5301.92.

This legislation seeks authorization to execute instruments and documents as may be necessary to secure a CNS for the Northern Tier of the Whittier Peninsula including an environmental covenant, an operation & maintenance agreement, 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 Recreation a...