NUMB:
970954
VERS:
SUBSTITUTE 5
REF:
XXBY:
ALD. HENNINGSEN, KALWITZ, RICHARDS AND D'AMATO
TITL:
Substitute resolution relating to a contract for an environmental assessment project to review the City of Milwaukee's environmental remediation progress ("Brownfields"), including "Do not Acquire" properties, and the performance of other environmental tasks.
ANLS:
- Analysis -
This resolution appropriates $35,000 from the Department of City Development's 1998 Advanced Planning Fund (Account Number 31-612-0001), contingent upon the approval of such monies in the 1998 City budget, for an environmental assessment project to be performed by an environmental consultant hired through an RFP process. The consultant will undertake the following tasks:
1. Review the current list of business/commercial/industrial properties on the City's "Do not Acquire" list, identify those which can be taken and sold for economic development opportunities, categorize the properties on the list relative to their economic development potentials, and determine eligibility of said properties for state and/or federal cleanup funds.
2. Examine the process by which the City and private entities can apply for Petroleum Environmental Cleanup Fund Act (PECFA) and Resource Conservation Recovery Act (RCRA) funding and recommend ways to improve local processes and procedures to obtain greater shares of such funding.
3. Examine how the City could get more timely access for Phase III environmental assessment.
4. Explore the pros and cons of the City assuming greater authority in line with federal Environmental Protection Agency and Wisconsin Department of Natural Resources (DNR) rules and guidelines to enforce federal and state laws relating to large and small generators of contaminants and other potential violations of environmental laws.
The consultant will be screened and selected by a committee consisting of the President of the Common Council, Chair of the Zoning, Neighborhoods and Development Committee and Chair of the Public Safety Committee, and a contract shall be awarded no later than February 16, 1998. Furthermore, the City Clerk is authorized to draft, and the appropriate City officials are authorized to execute, an agreement with the consultant for the purpose of providing such consulting services. The Department of City Development is authorized and directed to fund this contract from DCD's 1998 Advanced Planning Fund in an amount not to exceed $35,000.
BODY:
Whereas, The Common Council is desirous of conducting a review of the Department of City Development's 1997 Brownfields' Strategy to determine its effectiveness and develop recommendations on how to improve environmental conditions in "brownfields areas"; and
Whereas, There are 309 business/commercial/ industrial properties listed by the City of Milwaukee, which have been identified as "Do not Acquire" properties, because of suspected contamination of those and adjacent properties which may be contaminated; and
Whereas, It is believed that effective environmental review of those properties may show that the City of Milwaukee could benefit in terms of economic development by taking a portion of those properties if it can be shown that they are safe for acquisition and development; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee, that $35,000 is appropriated from the Department of City Development's 1998 Advanced Planning Fund (Account Number 31-612-0001), contingent upon the approval of such monies in the 1998 City budget, for the purpose of hiring through a request for proposals process an environmental consultant to perform the following tasks:
1. Review the current list of business/commercial/industrial properties on the City's "Do not Acquire" list, identify those which can be taken and sold for economic development opportunities, categorize the properties on the list relative to their economic development potential, and determine eligibility of said properties for state and/or federal cleanup funds. With respect to the first task, the consultant will also:
a. Survey all properties on the "Do not Acquire" list to determine which of those continue to operate, i.e., those that have on-going businesses or other enterprises readily apparent.
b. Create a separate list and summarize the land use history and current use of each property.
c. Include the potential environmental liabilities associated with each parcel.
d. Identify all properties on the "Do not Acquire" list with petroleum-related land use history and create a separate list of such properties.
e. Research and document DNR, Department of Building Inspection and other relevant records concerning tank installations, removals and reported leaking underground storage tanks.
f. Estimate the net (non-PECFA reimbursable) environmental expenditures that may be anticipated should the City elect to foreclose on the properties and identify the redevelopment potential for each property.
2. Examine the process by which the City and private entities can apply for Petroleum Environmental Cleanup Fund Act (PECFA) and Resource Conservation Recovery Act (RCRA) funding and recommend ways to improve local processes and procedures to obtain greater shares of such funding. With respect to the second task, in addition to the PECFA and Brownfields Environmental Assessment Program (BEAP) programs, the consultant will:
a. Catalog and define the other specific types of state and federal brownfield assistance available to the City, including application eligibility requirements and the processes for accessing the funding.
b. Develop a workable plan for the redevelopment of strategic properties on the "Do not Acquire" list identified in the BEAP application package submitted to the State of Wisconsin.
3. Examinine how the City could get more timely access for Phase III environmental assessment.
4. Explore the pros and cons of the City assuming greater authority in line with federal Environmental Protection Agency and Wisconsin DNR rules and guidelines to enforce federal and state laws relating to large and small generators of contaminants and other potential violations of environmental laws. With respect to the fourth task, the consultant will:
a. Provide a clear definition of a "control authority", e.g., the specific laws and regulations for which the City would assume enforcement responsibility.
b. Document the experience of municipalities which have assumed such responsibilities.
c. Describe the benefit to the City in relation to the cost of establishment, legal implications were the City to assume such responsibility and fiscal implications (estimated revenue, human resource requirements and other organizational expense).
d. The legislative and other regulatory changes that would be required.
; and, be it
Further Resolved, That a 3-member committee consisting of the President of the Common Council, the Chair of the Zoning, Neighborhoods and Development Committee and the Chair of the Public Safety Committee shall be responsible for screening and selecting said environmental consultant; and, be it
Further Resolved, That the request for proposals shall be prepared and released no later than January 5, 1998, and proposals containing specific costs for tasks enumerated above shall be received no later than January 26, 1998; and, be it
Further Resolved, That a contract shall be awarded no later than February 16, 1998; and, be it
Further Resolved, That the City Clerk is authorized to draft, and the appropriate City officials are authorized to execute, an agreement with the environmental consultant for the purpose of providing consulting services as provided for in this resolution; and, be it
Further Resolved, That the Department of City Development is authorized and directed to fund this contract from the Department of City Development's 1998 Advanced Planning Fund in an amount not to exceed $35,000.
ZDPT:
DFTR:
LRB97534.5
TWM:bsw
12/16/97
5