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HomeMy WebLinkAbout09-421OCTOBER 27, 2009 09 -421 RESOLUTION (CARRIED 7 -0 LOST LAID OVER WITHDRAWN ) PURPOSE: DETERMINATION OF NECESSITY TO ACQUIRE PROPERTY AT 137 SOUTH CAMPBELL ROAD TO QUALIFY FOR ENVIRONMENTAL MUNICIPAL EXEMPTION INITIATED BY: CITY ADMINISTRATION REDEVELOPMENT AUTHORITY ACTION: Approved WHEREAS, it is in the best interests of the citizens of the City of Oshkosh to acquire property as it becomes available to eliminate blighting conditions within the Central City; and WHEREAS, one of the priority elements of the approved Comprehensive Plan is the implementation of neighborhood improvement strategies; and WHEREAS, acquisition of the property at 137 South Campbell Road by the Redevelopment Authority for purposes of blight elimination would allow the City to take advantage of the local government exemption under Wisconsin's Spills Law and provide cost savings and greater flexibility for environmental remediation on the property; and WHEREAS, the Redevelopment Authority of the City of Oshkosh desires to acquire property at 137 South Campbell Road, described below, which property is not within an approved redevelopment area, and sell the property to the City for future redevelopment purposes. Commencing at a point on the N line of Lot 6 that is 96.5 ft. Ely of the NW corner SEly to the NE corner of Lot 18, NEIy to the SE corner of property described in Vol. 1005, page 10; thence NWIy on the SWIy line of above described property 55 ft.; thence NEIy on the NWIy line of the above described property 120 ft. to the SWIy line of Campbell Road; thence NEIy on the SWIy line of Campbell Rd. to the intersection of the Sly line of Witzel Avenue; thence Wly on the Sly line of Witzel Ave. to a point that is NOOD12' E from beginning; thence SOOD12' W to the point of beginning; all part of the Map of the SW Y4, Section 23, 6th Ward, City of Oshkosh, Winnebago County, Wisconsin. OCTOBER 27, 2009 09 -421 RESOLUTION CONTD NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that a comprehensive redevelopment plan is not necessary to determine the need for acquisition of blighted property or future uses of said property. The property may be combined with the City's central garage or redeveloped for other uses and acquisition of the property described above will support ongoing redevelopment efforts throughout the community and contribute to improving the immediate neighborhood. BE IT FURTHER RESOLVED that the Common Council certifies that in order for said purpose to be accomplished, it is necessary for the Redevelopment Authority of the City of Oshkosh to acquire the property described above. It is further determined by the Common Council that acquisition of said property is hereby determined necessary pursuant to the provisions of Section 66.1333, Wisconsin Statutes. In 702 LP �9 F� DTCLAIMER -a ° This map is neit er a legally recorded map nor Authorize Acquisition a survey and it is not intended to be used as one. This drawing is a compilation of records, data """""""-'"""--- - - - ---- and information located in various city, county 137 S Campbell Rd. and state offices and other sources affecting the area shown and it is to be used for reference purposes only. The City of Oshkosh is not re- sponsible for any inaccuracies herein contained. 1 —_ 200' If discrepencies are found, please contact the City of Oshkosh. A.. 0 I City of Oshkosh Wisconsin Community Development N 10/14/09 Created by - D I City of Oshkosh Wisconsin Community Development N 10/14/09 Created by - D Of WOMB ON THE WATER TO: Honorable Mayor and Members of the Common Council FROM: Lynn Lorenson, City Attorney( DATE: October 22, 2009 RE: Determination of Necessity Acquire Property at 137 South Campbell Road to qualify for environmental municipal exemption(RDA recommends approval) BACKGROUND /SUBJECT PROPERTY By Resolution 09 -360 on September 8, 2009, the City Council authorized the acquisition of property located at 137 Campbell Road from the Oshkosh Area School District. The property is located adjacent to the City Central Garage Facility and is currently used a:> a maintenance facility by the School District. An environmental assessment was completed prior to the agreement for acquisition of the property which identified certain environmental conditions on the property that may require environmental remediation. ANALYSIS In 1993, the Wisconsin Legislature created an environmental liability exemption for local government units to encourage municipalities and other local government units to acquire and redevelop Brownfield properties. The law removes most environmental liability for local government units that acquire properties through certain specified methods, including tax delinquency, bankruptcy proceedings, condemnation, escheat, using stewardship funds, acquisition from another eligible local government unit and slum clearance or blight elimination. A local government unit is still responsible for taking actions necessary to reduce to acceptable levels any substantial threats, if the local government plans to use the property. The City has been working with AECOM to evaluate the property. AECOM has performed an environmental assessment of the property and has identified certain environmental conditions that may require remediation, including an underground storage tank and fill materials that have been historically deposited on the property„ The local government exemption essentially allows the individual municipality to make the determination on how much environmental clean up or mitigation it will perform unless there is an immediate risk to human health. It is AECOM's recommendation to remove the storage tank at this time. By taking advantage of the local government unit exemption the City would be able to make further assessments and remediation as it determines necessary. Memo: South Campbell Road: 10/22/09: Page 2 FISCAL IMPACT If the City of Oshkosh is able to use the local government exemption, the ultimate costs to the City of remediation will be less than would be required without the exemption. In the Agreement previously approved by Council, the City and OASD agreed to set aside $100,000 from the acquisition into an escrow account to remediate environmental issues at the property. RECOMMENDATION It is recommended that the Council approve the Resolution to allow the City of Oshkosh to take advantage of the local government exemption. It should be noted that by Statute this Resolution would require a 2/3 vote of the Common Council or 5 affirmative votes. Approved, City Manager