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File #: 19-1927    Version: 1 Name: 10/21/19 Approve LSNC Brownfield Plan
Type: Resolution/Public Hearing Status: Passed
File created: 10/21/2019 In control: City Council
On agenda: 10/21/2019 Final action: 10/21/2019
Enactment date: 10/21/2019 Enactment #: R-19-478
Title: Resolution to Approve the 1831 Traver Road, Leslie Science and Nature Center, Brownfield Plan (BRC Recommendation: Approval - 3 Yeas and 0 Nays)
Attachments: 1. Final 1831 Traver Leslie Science BRC Staff Report 9-19-19.pdf, 2. 2019_10_04_Leslie BF Plan FINAL.pdf

Title

Resolution to Approve the 1831 Traver Road, Leslie Science and Nature Center, Brownfield Plan (BRC Recommendation: Approval - 3 Yeas and 0 Nays)

Memorandum

Attached is a resolution to approve the Broadway Park Brownfield Plan. Approval of this resolution will allow the Brownfield Plan to advance to the Washtenaw County Brownfield Redevelopment Authority (WCBRA), to authorize use of Local Brownfield Revolving Grant Funds to reimburse the City of Ann Arbor for the Eligible Activities identified within the Plan.

 

The Brownfield Review Committee, at its meeting of September 23, 2019, recommended approval of this request.

 

Petition Summary:

 

                     The Leslie Science and Nature Center operates at 1831 Traver Road in Ann Arbor, Michigan. The property was donated to the City of Ann Arbor by the late Dr. Eugene Leslie in 1977 and is a City of Ann Arbor park. The site was formerly the home of Dr. Leslie, a petrochemical engineer and University of Michigan professor. In 2019, the City received a federal grant to construct a playscape.  During investigation of the area planned for the new playscape, a potential historical dumpsite was identified. Review of historical information identified that the site included a chemical laboratory, orchard and residential spaces.

 

                     The City conducted site investigations that have detected chlorinated VOCs in the soil, and in the soil gas and indoor air of the DTE Energy Nature House.  Heavy metal impacts are contained within the former dumpsite in the woods. The site also has widespread arsenic impacts, likely from a combination of pesticide use on the orchard crops and naturally occurring arsenic in the soil.

 

                     The Washtenaw County Brownfield Authority provided a $50,000 grant to assist with environmental investigations, which then rolled into a $535,438 grant from the County’s Local Brownfield Revolving Fund (LBRF), approved at the October 3, 2019 meeting. The LBRF funding awarded will reimburse the City for various environmental remediation Eligible Activities. Specifically, costs associated with Phase II ESA; Due Care activities; additional response activities for remediation of source areas; installation of a vapor intrusion system; laboratory and statistical analyses for relative arsenic bioavailability; and excavation and backfill of the natural playscape area, should it be necessary.

 

                     $535,438 in Eligible Activities are identified in the Brownfield Plan, which will be fully reimbursed by the County from the LBRF fund, for costs associated with actual Eligible Activities conducted.

 

                     The Brownfield Authority approved the Brownfield Plan, with minor text revisions and an increase in the list of Eligible Activities from $430,000 to $535,438.00, conditional on Ann Arbor City Council approval.

 

Attachments:                     1831 Traver Road, Leslie Science and Nature Center, Brownfield Plan staff report to the BRC for their 9-23-19 meeting

                     1831 Traver Road, Leslie Science and Nature Center, Brownfield Plan dated 10-4-2019

Staff

Prepared by:                     Brett Lenart, Planning Manager

Reviewed by:                     Derek Delacourt, Community Services Area Administrator

Approved by:                     Howard S. Lazarus, City Administrator

Body

Whereas, The City of Ann Arbor has requested approval of the 1831 Traver Road, Leslie Science and Nature Center, Brownfield Plan in order to allow Brownfield clean-up activities to be eligible for reimbursement from the Washtenaw County Local Brownfield Revolving Fund;

 

Whereas, The Washtenaw County Board of Commissioners established the Washtenaw County Brownfield Redevelopment Authority (WCBRA), which facilitates the implementation of plans relating to the identification and treatment of environmentally- distressed areas within the County of Washtenaw, pursuant and in accordance with provisions of the Brownfield Redevelopment Financing Act, being Act 381 of the 1996 of the Public Acts of Michigan, as amended (the “ACT”);

 

Whereas The ACT requires explicit consent of each local unit of government included in the Authority, which the City of Ann Arbor joined by resolution R-24-1-02;

 

Whereas, The Brownfield Review Committee, on September 23, 2019, recommended approval of the petition;

 

Whereas, The property included in the Plan was determined to be a Facility, as required by Act 381;

 

Whereas, The City Application Fee for City review of brownfield applications is hereby waived;

 

Whereas, Any reimbursement of Eligible Activities from LBRF grant funds by the WCBRA is based on those activities listed in the Brownfield Plan and is for actual eligible expenses only;

 

Whereas, There is no tax capture and Tax Increment Financing proposed in this Brownfield Plan;

 

Whereas, On September 23, 2019, The Brownfield Review Committee recommended approval of the Brownfield Plan for 1831 Traver Road, Leslie Science and Nature Center, Brownfield Plan;

 

Whereas, The Washtenaw County Brownfield Redevelopment Authority approved the Brownfield Plan on October 3, 2019; and

 

Whereas, The City Council held a public hearing on November 4, 2019 to receive public comment on the Brownfield Plan;

 

RESOLVED, That City Council approve the 1831 Traver Road, Leslie Science and Nature Center Brownfield Plan dated October 4, 2019;

 

RESOLVED, That the City Clerk be directed to submit a copy of this Resolution to the Washtenaw County Board of Commissioners as documentation of the City’s consideration and concurrence of the Brownfield Plan; and

 

RESOLVED, That any changes to the Brownfield Plan after the date of this Resolution will require review by the Committee and approval by City Council.