powered help
header-left header-center header-right
File #: 220630    Version: 0
Type: Resolution Status: Passed
File created: 9/1/2022 In control: COMMON COUNCIL
On agenda: Final action: 9/20/2022
Effective date:    
Title: Resolution authorizing the City of Milwaukee to contribute funding for environmental remediation and enter into a Special Release Agreement for the property at 1003 West Atkinson Avenue, in the 6th Aldermanic District.
Sponsors: THE CHAIR
Indexes: AGREEMENTS, ENVIRONMENT
Attachments: 1. Release Agreement Telos and City of Mke-Final 9-02-22, 2. Hearing Notice List

Number

220630

Version

ORIGINAL

Reference

 

Sponsor

THE CHAIR

Title

Resolution authorizing the City of Milwaukee to contribute funding for environmental remediation and enter into a Special Release Agreement for the property at 1003 West Atkinson Avenue, in the 6th Aldermanic District.

Analysis

This resolution will authorize the City of Milwaukee to contribute funding to remediate legacy contamination and enter into a Special Release Agreement with Telos, Inc. at 1003 West Atkinson Avenue and the adjacent public right-of-way.

Body

Whereas, The Department of City Development (“DCD”), Redevelopment Authority of the City of Milwaukee (“RACM”), Department of Public Works, and the City Attorney’s Office (collectively known as “the City”) have been coordinating with Telos, Inc., and their legal representatives to remediate residual contamination from the property at 1003 West Atkinson Avenue (“Parcel”) and the adjacent public right-of-way; and

 

Whereas, In 1979, RACM adopted File No. 3849 and the Common Council of the City of Milwaukee (“Common Council”) adopted File No. 74-92-5x authorizing the sale of the property at 10th and Atkinson to Telos, Inc.; and

 

Whereas, The City sold land to Telos, Inc. in 1981 for the purposes of constructing two 8-unit apartment buildings for low to moderate income subsidized rentals to physically disabled individuals; and

 

Whereas, As part of a refinancing of the project, Telos, Inc. identified environmental issues with the Parcel and has been investigating these issues since 2007; and

 

Whereas, Based on the environmental investigations, and in concert with the City of Milwaukee, Telos, Inc. prepared a Remedial Action (“RA”) Design Report which evaluated remedial technologies to address the issues, including soil excavation and landfilling, and on-site soil treatment; and

 

Whereas, In December 2021, the Wisconsin Department of Natural Resources approved the RA Design Report from Telos, Inc. that included the Parcel and, due to the complex nature of the subsurface, the adjacent public right-of-way; and

 

Whereas, The City is willing to contribute a percentage of the overall remediation project including the remediation of soil from the public right-of-way; and

 

Whereas, To maximize the economic and environmental benefits, the remediation efforts from the Parcel and the public right-of-way should be coordinated; and

 

Whereas, To consummate the cost sharing arrangement, the parties also now wish to enter into a Funding Contribution and Special Release Agreement (“Agreement”) for the purpose of defining the City of Milwaukee’s contribution to the remediation project and the release of any future responsibilities related to the RA Design Report; and

 

Whereas, Under this Agreement, the City is providing a not-to-exceed $161,750.00 of the overall cost share for the approved RA which also includes any in-kind contributions; and

 

Whereas, The City’s share of the project costs will come from DCD’s Capital Funds for Brownfields (0336-1910-UR051220002); now, therefore, be it

 

Resolved, The Common Council of the City of Milwaukee authorizes the appropriate City representatives to contribute funding for environmental remediation purposes and enter into Special Release Agreement with Telos, Inc. at the property at 10th and West Atkinson Avenue.

Drafter

DCD:David.Misky:dm

09/01/22/A

 

Technical Correction

Chris Lee

09/15/22