Loading...
HomeMy WebLinkAboutURA RES 2022-42RESOLUTION NO..4z BE IT HEREBY RESOLVED by the Chairman and Members of the Urban Renewal Agency of the City of Caldwell, Idaho, to approve and enter into Access Agreement between the Caldwell Urban Renewal (URA) and Department of Environmental Quality (DEQ) for the property at 306 S. Kimball. PASSED BY THE COMMISSION. of the Urban Renewal Agency of the City of Caldwell, Idaho, this 8th day of August , 2022. APPROVED BY THE COMMISSION of the Urban Renewal Agency of the City of Caldwell, Idaho, this 8th day of August , 2022• ATTEST: Debbie Geyer, URA Se MEMORANDUM TO: Caldwell Urban Renewal Agency Meeting Date August 0 , Lu LL �M��ik: , e a °S! Ian s I Iv_ A ICIEE t o 't'E ' R CIA TION SUBJECT: Approve and enter into an Access Agreement between the Caldwell Urban Renewal (URA) and Department of Department Submittals X to mark Initials Building Department CDBG Environmental Quality (DEQ) for the property at 306 S. Kimball Clerk City Attorney Finance Department Human Resources Planning & Zoning Fire Department Police Department Public Works x Street Department Water Department WWTP Engineering Mapping COST IMPACT: N/A Parks and Recreation FUNDING URA Airport SOURCE: Information Systems TIMELINE: Golf Course OTHER. SUMIVIARYSTATEMENT: The Idaho Department of Environment Quality Brownfields team has been very helpful on this parcel. This parcel is part of the Mussel Construction proposal. This the site in preparation for its transfer to Mussel construction grant program will help assess and clean up in accordance with the development disposition agreement. If approved, URA would by this agreement authorize representatives and contractors of IDEQ reasonable access to the property at 306 S. Kimball, during the effective period of the Agreement, for the purpose of completing a site assessment, sampling groundwater, installing and operating air quality monitoring equipment, etc. Any access to the building(s) on site is also included in this access agreement and notice will be provided prior to entry add as needed. The City Staff has very much appreciated IDEQ's partnership in this matter. RECOMMENDED ACTION: It is the recommendation of Public Works that the Commission approve the agreement as submitted and authorize Chairman Porter sign the document on behalf of the Urban Renewal Agency. AGREEMENT FOR SITE ACCESS 1. Parties. This Agreement is entered into by and between the Idaho Department of Environmental Quality (DEQ) and _, the owner and/or authorized representative of certain real property (Owner) located in Idaho, and more particularly described as (Property). **or as described in Exhibit A**. 2. Right of Entry. Inconsideration of the benefits to public health and the environment, the Owner authorizes representatives and contractors of DEQ reasonable access to the Property, during the effective period of the Agreement, for the purpose of (e.g., completing a site assessment, sampling groundwater) installing and operating air quality monitoring equipment, etc.) Any access to the buildings) on site is also included in this access agreement and notice will be provided prior to entry. (add as needed) If Property is leased, Owner hereby affirms that she/he has or will give notice to any lessee of the Property of this Agreement. 3. Use of Property. The Owner has full right and privilege to use the Property for any and all purposes during the effective period of this Agreement provided that such use does not interfere with the rights granted to DEQ under this Agreement. During the effective period of the Agreement, the Owner will take no action that disturbs DEQ's equipment or access to its equipment, without prior notice to and approval from DEQ, and the Owner will notify DEQ if the Owner becomes aware that any of DEQ's equipment on the Property has been disturbed. Upon termination of the Agreement, DEQ will remove any equipment installed and perform all steps reasonably necessary to restore the property to the condition it was in upon execution of this Agreement. 4. Indemnification. To the extent permitted by law and subject to the limits set forth in this section, DEQ agrees to indemnify, defend and hold harmless against any and all loss, damage, claims or liabilities arising from, or in connection with, DEQ's acts or omissions in the use of the Property or Personal Property. DEQ's obligations under this section shall be subject to appropriation as required by Idaho Code section 59-1015. Notwithstanding anything in this section to the contrary, the provisions of the Idaho Tort Claims Act, Title 6 Idaho Code Chapter 9 shall limit the liability of DEQ and the State of Idaho, for damages, costs, and attorney fees on account of Print Form Idaho Department of Environmental Quality Brownfield Assessment Request Applicant/Owner Information Applicant/owner must be able to secure DEQ the right to access the site to perform the requested assessment. Address Contact Phone Urban Renewal Agency of the City of Caldwell Idaho 621 Cleveland Blvd, Caldwell, ID 83605 'erson Steven Jenkins 20874554731 Fax N/A Site Information In addition to the information below, please attach a site map and photo that indicates the site's location in the community, adjacent land uses, and areas of known or suspected contamination. Name (how is property commonly identified?) Address �306 S Kimball Ave, Caldwell, ID Nalls Service Station Acreage .210o Zoning City Types of Buildings Blighted Service Station Current and Past Site Use Provide a brief summary of the site's past uses and current use (abandoned, underutilized, fully utilized, etc.). Provide all known ownership information and potential or known contamination �u i�es. l and Lenora Nalls were the first documented owners who were operating when the tanks were leaking Doya. In 1988 Robert Goodwin purchased the property as the sole owner and was not operating the service station. In 1990, Robert discovered a leaking tank when he was doing a routine tank removal. Robert discovered free product in the soil and shallow ground water. 3000 gallons were found to be leaking during the routine removal. Later, Robert Goodwin turned the property back over to Doyal Nalls. The Canyon County Assessors took possession of the property and then Kelly Groves purchased the property prior to 1993. in 1994 Kelly signed a Consent Order. Wellco Land Company LLC (Rick Wells) purchased the site in 2001.On December 31 st, 2021, the City of Caldwell Urban Renewal Agency closed on the property. The gas station has not been used for commercial purposes since 1992 and has remained vacant since that time. The site is blighted, abandoned and under utilized as it sits in the heart of the downtown and alongside a very successful past Brownfields project, Indian Creek. The site is known to be contaminated by petroleum and ground water has been contaminated and there is a plume. July 2014 Nage Regulatory History (:,Yes Is the applicant or any other party under an order from DEQ or EPA to conduct a site {., No assessment and/or cleanup? If the answer to this question is yes, please describe. hased the There was a Consent Order for Kelly Groves. Action Plan was put into place. Rick Wells purcproerty p and DEQ requested a site assessment be completed but it was never completed before the City of Caldwell Urban Renewal Agency purchased it. DEQ then requested that the URA complete a site assessment. The URA was given an extension until June 30th, 2022. Redevelopment Potential Provide a brief discussion of the redevelopment potential of the property and the importance of the property to the community. How will the public benefit from this assessment? What is the aof1mgtPti oz;te value absent contamination issues? Is there a planned reuse for the site? The Nalls site is right in the heart of downtown Caldwell. The site is adjacent to Indian Creek, a former and successful Brownfields site. The old service station has not been in operation since 1992 and has been a blight to the now thriving downtown scene of Caldwell for years on end. The first plan for reuse is for the property to serve as a parking lot for the adjacent parcel to the south west that is a new City of Caldwell Events Center. F01lowing future plans may be further development into a mixed use commercial/parking area. The estimated site value absent of contamination is $169,700. This site would assist in community gathering and make it easier to explore everything that downtown Caldwell has to offer. July 2014 Page 2 of 3 Print Form Local Government Commitment Is there a strong local commitment --either financially, or through commitment of municipal resources --for other components of the project? The City of Caldwell Urban Renewal Agency, a quasi governmental agency, is supporting this project. They purchased the property with the aspiration of expanding the downtown area and eliminating the blight of the A service station. Eliminating any environmental contaminants is a big goal of the URA and transforming the, property into a parking lotto serve the new City of Caldwell Events Center. Prior Site Assessment Activities Provide or describe the results of all previous assessments conducted at the site (if any). Assessments from 1992 found BTEX compounds in the groundwater and a 200 ft long plume. More sampling completed in 1994 found the same thing. More sampling completed in 2006 found that off site dissolved phase petroleum hydrocarbon contamination in the ground water exceeds the Maximum Contaminant Level for benzene. Site Assessment Needs Specify the requested assessment activitiesPhaseI, Phase II, Risk Evaluation, and/or Cleanup Options. Also, please indicate the time frame in which this work is needed. Phase II The URA will sunset on this specific area at the end of 2022, so we are hoping to be completed by then. Form Completed by: Name Address 'Beth Bahem 1445 N Orchard St, Boise, ID 83706 Phone 208-373-0563 � E-mail Beth.Bahem@deq.idaho.gov Submit completed application along with pictures, a map of the site, and a signed site access agreement to Eric Traynor via e-mail or mail: E-mail: eric taynor cr deq.idaho.gov Phone: (208) 373-0565 Mail: Idaho Department of Environmental Quality ATTN: Eric Traynor 1410 North Hilton Boise, ID 83706-1255 July 2014 Page 3 of 3 toggqk IN IF *41 IV goo IV Alt V , It ff j v to 'Ito 4 Alb, I got of �.,. pp r/ �* + +4 "• 7 look IN Jig Ali, Jk It ,+ � k ' ' . Z If .�., r., e `If t. IN III Ilk It to Rl got i k. s e h • , a 4 r• A ma 4 of Ilk gm I IN Viggo; Nor IVA It gow � F -CVt x' 4 �. _ aof �+ - lof 00 �..: f1'� �'' ' ! t t `r + ,f My �p g +� { _ �i' r ,� �''s ,` " �{. g r� _ t i 7`, t .:I ,: r . #�' • ;. t� :h . �"_'�:'