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Public Works Packet 2014 03-18-14 AGENDA PUBLIC WORKS COMMITTEE MEETING Tuesday, March 18, 2014 6:00 p.m. City Hall Conference Room Citizen Comments: Minutes for Correction/Approval: February 18, 2014 New Business: 1. PW 2014-14 MFT General Maintenance Resolution for Electricity for Street Lights 2. PW 2014-15 2014 Parkway Tree Replacement Program 3. PW 2014-16 License Agreement for Green Organics 4. PW 2014-17 Walsh Drive Update 5. PW 2014-18 Road to Better Roads Program – Heustis Street Improvements Engineering Agreement 6. PW 2014-19 Road to Better Roads Program – State Street Sanitary and Adrian Street Watermain Improvements Engineering Agreement 7. PW 2014-20 Riverfront Park Engineering Agreement 8. PW 2014-21 Grande Reserve Park B Engineering Agreement 9. PW 2014-22 ComEd Recreational Lease Renewal 10. PW 2014-23 2014 Capital Improvement Program Project/Letting Schedule Old Business: 1. PW 2014-06 Road to Better Roads 5-Year Plan Update Additional Business: 2013/2014 City Council Goals – Public Works Committee Goal Priority Staff “Road improvement maintenance program” 2 Eric Dhuse “Capital Improvement Planning (River Road Bridge in 2013)” 6 Rob Fredrickson, Eric Dhuse, Bart Olson “Sidewalk improvement maintenance program” 8.5 Eric Dhuse United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 Telephone: 630-553-4350 Fax: 630-553-7575 UNITED CITY OF YORKVILLE WORKSHEET PUBLIC WORKS COMMITTEE Tuesday, March 18, 2014 6:00 PM CITY HALL CONFERENCE ROOM --------------------------------------------------------------------------------------------------------------------------------------- CITIZEN COMMENTS: --------------------------------------------------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------------------------------------------------- MINUTES FOR APPROVAL: --------------------------------------------------------------------------------------------------------------------------------------- 1. February 18, 2014 □ Approved __________ □ As presented □ With corrections --------------------------------------------------------------------------------------------------------------------------------------- NEW BUSINESS: --------------------------------------------------------------------------------------------------------------------------------------- 1. PW 2014-14 MFT General Maintenance Resolution for Electricity for Street Lights □ Moved forward to CC __________ consent agenda? Y N □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- 2. PW 2014-15 Parkway Tree Replacement Program □ Moved forward to CC __________ consent agenda? Y N □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- 3. PW 2014-16 License Agreement for Green Organics □ Moved forward to CC __________ consent agenda? Y N □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- 4. PW 2014-17 Walsh Drive Update □ Moved forward to CC __________ consent agenda? Y N □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- 5. PW 2014-18 RTBR – Heustis Street Improvements Engineering Agreement □ Moved forward to CC __________ consent agenda? Y N □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- 6. PW 2014-19 RTBR – State Street Sanitary and Adrian Street Watermain Improvements Engineering Agreement □ Moved forward to CC __________ consent agenda? Y N □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- 7. PW 2014-20 Riverfront Park Engineering Agreement □ Moved forward to CC __________ consent agenda? Y N □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- 8. PW 2014-21 Grande Reserve Park B Engineering Agreement □ Moved forward to CC __________ consent agenda? Y N □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- 9. PW 2014-22 ComEd Recreational Lease Renewal □ Moved forward to CC __________ consent agenda? Y N □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- 10. PW 2014-23 2014 Capital Improvement Program Project/Letting Schedule □ Moved forward to CC __________ consent agenda? Y N □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- OLD BUSINESS: --------------------------------------------------------------------------------------------------------------------------------------- 1. PW 2014-06 Road to Better Roads 5-Year Plan Update □ Moved forward to CC __________ consent agenda? Y N □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- ADDITIONAL BUSINESS: --------------------------------------------------------------------------------------------------------------------------------------- Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/gov_officials.php Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Human Resources Community Development Police Public Works Parks and Recreation Agenda Item Number Minutes Tracking Number Minutes of the Public Works Committee – February 18, 2014 Public Works – March 18, 2014 Majority Committee Approval Minute Taker Name Department Page 1 of 4 DRAFT UNITED CITY OF YORKVILLE PUBLIC WORKS COMMITTEE Tuesday, February 18, 2014, 6:00pm Yorkville City Hall, Conference Room 800 Game Farm Road IN ATTENDANCE: Committee Members Chairman Diane Teeling (left at 6:27pm) Alderman Ken Koch Alderman Jackie Milschewski Alderman Larry Kot Other City Officials City Administrator Bart Olson Public Works Director Eric Dhuse Engineer Brad Sanderson, EEI Other Guests: None The meeting was called to order at 6:00pm by Chairman Diane Teeling. Citizen Comments: None Previous Meeting Minutes: January 21, 2014 The minutes were approved as presented. New Business: 1. PW 2014-07 Water Department Reports for November and December 2013 Public Works Director Eric Dhuse said these are the standard reports with the addition of a page showing watermain breaks over several years. 2. PW 2014-08 River Road Bridge Authorization of Contract Changes Mr. Sanderson said Authorization #12 is for additional work needed on the concrete curb and gutter. After a heavy rainfall, it was found that drainage was not adequate and it required extra work totaling $3,770.11. Authorization #13 was for balancing and a couple adjustments at a cost of $1,559.40. He recommended approval of both and said there should be no more unless IDOT has changes. Page 2 of 4 3. PW 2014-09 Blackberry Hill Congregation of Jehovah's Witnesses-Stormwater Easement This building will be constructed on Cannonball Trail north of Bristol. An easement will be needed over the stormwater management basin according to Mr. Sanderson. He recommended acceptance and noted that it requires a backup SSA per ordinance. A Public Hearing will also be scheduled. This moves to the Council consent agenda. 4. PW 2014-10 MFT General Maintenance Appropriation Resolution for FY 15 This is the yearly appropriation for cold/hot patch and signs. Mr. Dhuse has also ordered 2,500 tons of salt with an estimated cost of $75/ton. This must be ordered in March/April for a locked-in price and is part of State bids. It can be ordered later at an open market price, but most likely at a higher price. This moves to the consent agenda. 5. PW 2014-11 Fox Hill/Sunflower Estates RFP This is the yearly RFP for mowing and maintenance of Fox Hill and Sunflower. Mr. Dhuse is asking for a possible 3-year contract to “stop the learning curve”, with the option to cancel any year if rates become too high. Proposals will be brought to the March meeting and this item moves to the Council consent agenda. 6. PW 2014-12 KKCOM – FAU Route System Additions Engineer Sanderson said a couple roads have been added to the FAU System that makes them eligible for possible federal funding for resurfacing. The Kane/Kendall Council of Mayors recommended approval for portions of Ashe and Baseline Roads. Alderman Koch asked if there are homes located on these roads and questioned why these roads would be repaired before Countryside Parkway for example. It was explained that certain criteria must be met. Mr. Olson said the City had applied for Mill St., however, it was rejected. It will be brought back with a request for the “B” list. While Ashe Road is not in the City, the City supports inclusion for the regional funding efforts. It was also noted that the City maintains only part of Baseline Road. The committee supported this recommendation. 7. PW 2014-13 Parking Restrictions-Whispering Meadows Mr. Olson said this item extends the parking restrictions on the east side of Alan Dale Lane from Faxon Road to Alice Avenue and was requested by the HOA President. Neighbors approve, but notices will be sent and a Public Hearing will be held. All committee members approved of this action. Old Business: 1. PW2014-06 Road to Better Roads 5-Year Plan Update Mr. Olson recapped previous discussions regarding this program and said that if water and sewer projects were going to be done next year, engineering agreements have to be drafted. Overall, the committee had previously given direction to scale back on projects. When presented to the full Council, Aldermen wanted some of the roads repaired, but expressed concern for costs. Alderman Kot asked for a further explanation of the '5-year plan based on inflation'. In 2008 a 5-year rate increase was passed, which will soon come to an end. Alderman Kot asked about extending this and said inflation-based costs are better explained and accepted. Page 3 of 4 Alderman Milschewski asked how much revenue might be lost through reduced sewer connection fees as a result of the B.U.I.L.D program vs. any increases in sewer fees. Mr. Olson said more revenue is actually lost in water connection fees which was $80,000 in FY 2013 vs. $62,000 in water connection fees to builders not participating in B.U.I.L.D. Commenting about the economic benefits of B.U.I.L.D., Alderman Kot said it helps bring rooftops that help generate new businesses. Ms. Milschewski also added that no taxes are generated on empty lots. It was noted that costs for repairing Countryside Parkway and the Rt. 71 pipe-moving costs would nearly deplete the program funds. Mr. Dhuse said the water pipes in Countryside are sandcast and there have been many breaks. Lining the water pipes is not a proven fix, he said. Watermain and sewer pipes in Countryside are currently in the parkways, but would be moved under the street when improvements are done. Administrator Olson prepared a chart on the blackboard showing a proposed schedule of water rate percentage increases and the potential revenue generated from 2014 through 2019. He said that low volume users would pay $12 more annually and normal users would pay $60 more annually. Alderman Kot noted that many citizens are on fixed incomes in an already bad economy. Mr. Olson replied that all utilities are going up and an increase has been deferred as long as possible, especially in view of the upcoming Rt. 71 project. He said a volume-based water increase allows some control by the citizens. He also does not want the bond ratings to lower and the auditors do not approve of large deficits. Mr. Dhuse noted 2 Rt. 34 projects after 2020 also. Alderman Kot asked about the Sunflower flooding issue and State St. sewer. He thought these were to be repaired this year, but he said it is now being discussed for next year. Aldermen Koch and Kot said it needs to be fixed this year. Mr. Olson discussed the funds available for the repairs and said State St. can be repaired, however, surrounding areas need to be repaired as well. It was noted there is a bottleneck under the road at Fox & W. Ridge. Alderman Kot said the residents' priority would be to repair the sewer prior to the roads and he asked for a consensus from the committee to move forward with these sewer repairs. Mr. Olson requested a formal recommendation on a plan for next year for roads and sewers since engineering plans will be needed, adding that the road projects would need to be scaled back. He said the Administration Committee would also be considering the rates. Alderman Milschewski said priorities need to be set and then move forward with them. After further discussion, Alderman Koch said he feels Morgan St. will no longer be repaired this year. Mr. Olson noted that fixing some of the roads without infrastructure problems may result in other roads deteriorating further and requiring more repair in the long run. To fix State St. (which is on the 5-year plan) at this time would cost approximately $224,000 for pavement. Patching only, was also discussed for State Street. With the remaining money, Hydraulic, Van Emmon, Washington & Morgan could also be repaired. Heustis St. repairs were discussed and it was noted that water and sidewalk also needs repair there and there is no stone under the pavement. Bidding on a package for several streets might be cheaper according to Mr. Dhuse. Mr. Olson also said that by shifting Road to Better Roads projects, the committee must also keep in mind the money needed for the Rt. 71 project. Alderman Koch asked how the Roads to Better Roads would have been handled in past years. In previous years, bonds would have been issued. Page 4 of 4 The Rt. 71 widening from Rt. 47 and Orchard was also briefly discussed. It is slated to begin in 2015/2016. The question was posed what would happen if the City informed the State there simply is no money for these projects. The work would likely come to a halt. In summary, Mr. Olson said he will bring an engineering agreement to the next meeting. Mr. Sanderson said he will break out the the water and sewer costs and also prepare a list of roadways needing repair and the costs. Mr. Dhuse asked that Adrian St. be given strong consideration for water repair due to several breaks. Additional Business: None There was no further business and the meeting was adjourned at 7:37pm by Vice-Chairman Kot. Minutes respectfully transcribed by Marlys Young Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/gov_officials.php Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Human Resources Community Development Police Public Works Parks and Recreation Agenda Item Number NB #1 Tracking Number PW 2014-14 MFT Appropriation for Electricity for Street Lights Public Works Committee March 18, 2014 Majority Approval Resolution for Appropriation of MFT Funds to Pay for Electricity for Street Lighting Eric Dhuse Public Works Name Department Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/gov_officials.php Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Human Resources Community Development Police Public Works Parks and Recreation Agenda Item Number NB #2 Tracking Number PW 2014-15 2014 Parkway Tree Replacement Program March 18, 2014 Public Works Committee Majority Approval Annual Renewal of Program Eric Dhuse Public Works Name Department The 50/50 Parkway Tree Program information sheet, order form, and tree species information for the 2014 year are attached. Staff is seeking City Council approval to continue the program. The limit of 36 parkway trees remains, as set in previous years’ programs, unless recommended by committee to be changed for 2014 due to the large number of ash trees being removed. The 50/50 program includes purchase and planting of the tree by the City, with the homeowner reimbursing the City for the cost of the tree. The City’s share is in kind including pickup of trees, delivery to homes, JULIE locate, planting, first water, and all Staff time coordinating the project. To help ensure the survival of the tree, all trees except oaks will be planted in the fall. The City will allow the resident to locate the tree at their desired location, but if the location must be adjusted due to utilities, the homeowner will still approve the location prior to planting. I would ask that this item be placed on the March 18, 2014 Public Works Committee meeting for approval. If you have any questions, or need further information, please let me know. Memorandum To: Public Works Committee From: Eric Dhuse, Director of Public Works CC: Bart Olson, City Administrator Scott Sleezer, Superintendent of Parks Date: March 3, 2014 Subject: Yorkville 50/50 Tree Replacement Program United City of Yorkville 50/50 Parkway Tree Program Through the 50/50 Parkway Tree Program, the United City of Yorkville shares the cost of planting trees with homeowners. Residents simply choose the tree they want and send in a check for the cost listed on the order form. The City does the rest! The Parkway Tree Program is intended to provide quality shade trees to residents within the City to be planted within the right-of-ways along the streets and corridors throughout the City. The trees are intended to provide shade, screening, wildlife, pollution control, reduction of water runoff, soil erosion control, increased property values, reduced stress, aesthetics, and a sense of well being within the community. This program is open to all residents within City limits. If you are in a development that has not yet been accepted by the City, the developer may still be responsible for your parkway tree replacement. Please contact the number below if you have questions. All trees purchased through the program are required to be planted within the area of the right-of-way in front of or on the sides of the purchaser's property. The right-of-way area available for planting the trees varies depending on the platting of the property and the width of the right-of-way. Generally it is eight to ten feet (8' to 10') from edge of curb to edge of right-of-way. Trees must be located a minimum distance of 50 feet from any other tree in the parkway; not conflict with existing utilities, be at least 20 feet from an overhead light or fire hydrant, and must be 30 feet from any intersection. Each tree will be a minimum of 2.5” in diameter. The City will work with the homeowner to locate the tree. All trees will be purchased for a fall planting except for oak trees, which will be planted the following spring. The tree will be planted, mulched, and watered (once) by the City. After the watering, care is the responsibility of purchaser. No guarantee of viability will be provided. Please make your check payable to the United City of Yorkville. All orders must be received by Friday September 12, 2014. Please mail checks and completed application to: United City of Yorkville Parkway Tree Program 800 Game Farm Road Yorkville, IL, 60560 If you have any questions, please contact the Eric Dhuse at (630) 553-4370 or edhuse@yorkville.il.us. The City’s limit for trees sold this year as part of the program is thirty-six (36). This program will continue on an annual basis and planting will occur at the fall of each year. Please see the reverse side for tree selection and form. For tree species photos and descriptions please go to www.yorkville.il.us under Parkway Tree Program. File Order # 2014 - United City of Yorkville 50/50 Parkway Tree Program Order Form Trees must be selected from the 50/50 Parkway Tree Program Tree List. Prices are obtained annually. Name: Address: Phone: Date: Street tree location (if house is on corner lot) Is there an existing tree or stump at this location? (circle one) Yes No (Trees can only be removed due to death, disease, or age. Only unhealthy trees will be removed. If yes is circled removal of the existing tree or stump must be approved by City staff.) Tree selected Cost By signing this agreement I understand that it is my responsibility to ensure the tree’s survival by watering the tree after planting. The City will not replace the street tree due to neglect, disease, or damage. If my development has not yet been accepted by the City, I understand that I am replacing this tree at my own cost and will not seek reimbursement from the developer or the City at any future date. Sign here Please make your check payable to the United City of Yorkville. Check is due at time of order. All orders must be received by Friday, September 12, 2014. Please mail checks and completed application to: United City of Yorkville Parkway Tree Program 800 Game Farm Road Yorkville, IL, 60560 Office use only Received by: Date: Tree removal approved: Yes No If yes, indicate size and species: If no, indicate reason: UNITED CITY OF YORKVILLE 50/50 PARKWAY TREE PROGRAM The trees shown below give general descriptions of the character and habitat of the species. The chosen variety will be based on availability the time the City places the order with the nursery. Catalpa $180.00 The Northern Catalpa tree has long thing seed pods and showy clustered white bell shaped flowers in the spring. The tree prefers moist, well-drained soils, but can tolerate wet, dry and high pH soils. The fall color is brown-green, and the fruit can be messy in the fall. Mature height is 50’- 80’. Elm $154.00 The broad arching habit of the hybrid elm tree still mimics the classic elm. Dutch Elm Disease resistant, hybrid elms grow to 60’ tall and have a nice light yellow to yellow-green fall color. These trees are susceptible to Japanese Beetles. The tree can tolerate wet sites and a range of soil pH. Varieties: ‘Valley Forge’, ‘Princeton’, ‘New Harmony’, ‘Homestead’, ‘Morton’, ‘Morton Glossy’ Common Hackberry $146.00 Hackberry survives best in moist, well-drained soils, but can tolerate wet soils. Tolerant of salt, wind, dry sites, and alkaline soils, this tree adapts well to its environment. Fall color is green-yellow and grows to heights of 50’-90’. Varieties: ‘Chicagoland’, ‘Windy City’ Kentucky Coffeetree $158.00 Kentucky Coffeetree can tolerate dry to moist, well- drained soils, and is salt and drought tolerant. The varieties selected are male only and do not produce seed pods. In the spring the flowers are greenish- white pyramidal spikes and the fall color is yellow- orange. This tree can reach up to 75’ feet in height and is a fast grower. Please note these trees look quite spindly with a couple of branches in their first several years, but will eventually fill in to a magnificent tree! Varieties: ‘Espresso’, ‘Prairie Titan’ Oak $220.00 Bur Oak or Swamp White Oak, Chinquapin. Oak trees are more sensitive to moving environments, and must be planted in the spring. At maturity, they can reach up to 75’ in height. Oaks typically tolerate wet and dry soil, salt, and wind. They can survive in any soil condition, and are slow growing. The fall color ranges from brown-green to yellow. These trees are planted in the spring to ensure better survival. Oaks have a higher survival rate if they are transplanted in the spring. Red maple $120.00 Maple trees can reach up to 50’ in height, and prefer moist, well-drained soils. Fall color is yellow to orange to red for Sugar Maples and red for Red Maples. Maples are fast growers. Varieties: ‘Autumn Flame’, ‘Franksred’, ‘October Glory’, ‘Red Sunset’, ‘Armstrong’ Thornless Honeylocust $156.00 Thornless Honeylocust tolerates moist, well-drained soils, drought conditions, and salt. The rounded, open, habit has small compound leaves that provide light shade. Fall color is yellow. Mature height of the species is 40’-70’. Varieties: ‘Skyline’, ‘Shademaster’, ‘Suncole’ Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/gov_officials.php Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: See attached memo. Reviewed By: Legal Finance Engineer City Administrator Human Resources Community Development Police Public Works Agenda Item Number NB #3 Tracking Number PW 2014-16 Green Organics – Proposed License Agreement PW Committee/March 18, 2014 1/14/2014 Amended Annexation Agreement Majority Approval Recommendation for a proposed license agreement for Green Organics compost facility. Krysti J. Barksdale-Noble, AICP Community Development Name Department Project Background As you may recall, the City Council recently approved an amendment to the Annexation Agreement and Planned Unit Development for the Westbury East Village development to permit the reconfiguration and expansion of the existing Green Organics compost facility which currently leases land on a portion of unplatted land in the vacant development. As part of that approval, the Green Organics will be abandoning an existing detention facility and will be establishing a new detention basin. Request for License Agreement Please find attached a copy of a draft License Agreement prepared by the City Attorney related to the Green Organics compost facility which grants City access onto the property for the proposed new detention pond, as required by the City’s Storm Water Management Ordinance. The request for the License Agreement is in lieu of a requirement for perpetual easement onto the property since the approval of the compost facility is for a term of five (5) years, per the recently amended annexation agreement for the Westbury East Village development. While the stormwater management ordinance typically requires certain long term maintenance obligations for detention ponds to be covered by a dormant or back-up Special Service Area (SSA) tax, staff is supportive of the proposed license agreement as an adequate mechanism to ensure the continued operation of the stormwater system due to the short-term nature of the composting facility. Staff Comments/Recommendation Staff is recommending approval of the draft license agreement drafted. Should you have any questions related to this request; staff will be available at Tuesday night’s meeting. Memorandum To: Public Works Committee From: Krysti J. Barksdale-Noble, Community Development Director CC: Bart Olson, City Administrator Brad Sanderson, EEI, City Engineer Date: March 12, 2014 Subject: Green Organics – Compost Facility Proposed License Agreement LICENSE AGREEMENT THIS LICENSE AGREEMENT (hereinafter referred to as “this Agreement”) is entered into this ______ day of March 2014, by and between the United City of Yorkville, Kendall County, Illinois, a municipal corporation (hereinafter referred to as “the City”) and Bristol Ventures, LLC, an Illinois Limited Liability corporation (hereinafter referred to as “Bristol”). WITNESSETH: WHEREAS, the City is an Illinois municipal corporation under the laws of the State of Illinois; and, WHEREAS, Bristol is the record owner of the real property legally described in Exhibit A attached hereto and made a part hereof (hereinafter referred to as “Subject Parcel”); and, WHEREAS, the City and Bristol entered into an Amendment to Annexation Agreement and Planned Unit Development which was dated September 9, 2004, and by a Second Amendment dated January 14, 2014 (the “Amended Agreements”) that applies to the Subject Parcel and other properties; and, WHEREAS, the Amended Agreements provides for certain rights and obligations of the City and Bristol related to Bristol’s use of the Subject Property as a composting facility for landscape waste and food waste (the “Composting Use”); and, WHEREAS, Bristol during its Composting Use will be abandoning an existing detention facility on the Subject Parcel and as part of the Amended Agreements will be establishing a new detention facility as shown on the exhibit to the Amended Agreements; and, WHEREAS, the City’s Article 6. Long Term Maintenance requirements for stormwater facilities requires certain long term maintenance obligations that Bristol must assume but that due to the short length of the Composting Use the City and Bristol have agreed not to establish a backup special service area but to provide for the City to enter, inspect and if necessary maintain the stormwater facilities as provided in this Agreement and required by the Yorkville City Code. NOW, THEREFORE, in consideration of the premises and the mutual promises herein set forth and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: Section 1: Incorporation of Recitals. The City and Bristol agree that the foregoing recitals are material to this Agreement and are incorporated in this Agreement as if fully recited herein. Section 2: Grant of Temporary License. Bristol hereby grants to the City, its employees and contractors a temporary and non-exclusive license in, upon, across and through the Subject Parcel for the purpose of conducting such activities thereon as are necessary as determined by the City to perform the management and maintenance of the stormwater facilities for the Subject Parcel pursuant to the Yorkville City Code, including but not limited to: A. The inspection of stormwater facilities; B. The cleaning and dredging of storm water detention and retention ponds and basins, drainage swales and ditches; C. The maintenance and care, including erosion control of the property surrounding such detention and retention ponds and basins, drainage swales and ditches; D. The maintenance, repair and replacement of storm sewers, drain tile, pipes and other conduit, and appurtenant structures; E. The care, maintenance and restoration of wetland areas; and F. Any action in compliance with the Amended Agreements, the Yorkville City Code or the ordinances of the City. The City agrees to use existing private roads for access if those roads connect a public right-of- way with the stormwater management facility for the Subject Parcel. During the term of the License, Bristol retains any and all rights to use the Subject Parcel for its own purposes, provided that Bristol will not unreasonably interfere with the City’s rights herein. Section 3: Terms and conditions. This License is subject to the following terms and conditions: A. Restoration of Property. Immediately after the City has completed the City’s action, but not later than the expiration of the term of the License, the City shall restore any disturbed areas to substantially the same condition as existed prior to the City’s action or in compliance with the Yorkville City Code. B. Insurance. In the event the City maintains liability and contractual indemnity insurance or participates in a shared risk pool, it agrees to continue to maintain such insurance during the term of this License and require its contractors to have insurance coverage as required by the City prior to entry on the Subject Parcel. Section 4: Termination. The License and all rights of the City pursuant to the License shall automatically terminate upon the earlier to occur of the (i) closure of the Composting Use or the termination of the five (5) year term of the Amended Agreements. Section 5: General Provisions. A. Notices. Notice or other writings which any party is required to, or may wish to, serve upon any other party in connection with this Agreement shall be in writing and shall be delivered personally or sent by certified mail, return receipt requested, postage prepaid, or by facsimile transmission which shall be effective only if receipt of transmission is confirmed by a transmission confirmation sheet, addressed as follows: To the City : Bart Olson, City Administrator United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 Fax: 630-553-7575 With a copy to : Kathleen Field Orr Kathleen Field Orr & Associates 53 West Jackson Blvd., Suite 935 Chicago, Illinois 60604 Fax: 312-382-2127 If to Bristol: Bristol Ventures, LLC Fax: With a copy to: Fax: or to such other address as any party may from time to time designate in a written notice to the other parties. B. No Waiver or Relinquishment of Right to Enforce Agreement. Failure of any party to this Agreement to insist upon the strict and prompt performance of the terms, covenants, agreements and conditions herein contained, or any of them, upon any other party imposed, shall not constitute or be construed as a waiver or relinquishment of any party’s right thereafter to enforce any such term, covenant, agreement or condition, but the same shall continue in full force and effect. C. Authorization to Execute. The representatives of Bristol executing this Agreement warrant that they have been lawfully authorized to execute this Agreement on behalf of Bristol. The President and Clerk of the City hereby warrant that they have been lawfully authorized by the City Council to execute this Agreement. Bristol and the City shall deliver to each other upon request copies of the document(s) required to legally evidence the authority to so execute this Agreement on behalf of the respective entities. D. Amendment and Integration. This Agreement, including the Exhibits hereto, set forth all the promises, inducements, agreements, conditions, and understandings between Bristol and the City relative to the subject matter thereof, and there are no promises, agreements, conditions or understandings, either oral or written, express or implied, between them, other than are herein set forth. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless authorized in accordance with law and reduced in writing and signed by Bristol and the City. E. Counterparts: This Agreement may be executed in two (2) counterparts, each of which, taken together, shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers on the above date. United City of Yorkville, an Illinois municipal corporation By: __________________________________ Mayor Attest: ________________________________ City Clerk STATE OF ILLINOIS ) ) SS County of ______________ ) I, ____________________, a Notary Public in and for said County and State, do hereby certify that ______________________________________________________ personally known to me to be the same person(s) whose name(s) is/are subscribed to the foregoing instrument, appeared before me this day in person and, being duly sworn, acknowledged that he/she signed for the uses and purposes therein set forth, and that he/she was duly authorized to execute the said instrument. Given under my hand and seal, this _____ day of _____________________, 2014. _______________________________ Notary Public My Commission expires: _________________________ Bristol Ventures, LLC, an Illinois Limited Liability Corporation By: _____________________________________ President Attest: __________________________________ Secretary STATE OF ILLINOIS ) ) SS County of ______________ ) I, ____________________, a Notary Public in and for said County and State, do hereby certify that ______________________________________________________ personally known to me to be the same person(s) whose name(s) is/are subscribed to the foregoing instrument, appeared before me this day in person and, being duly sworn, acknowledged that he/she signed for the uses and purposes therein set forth, and that he/she was duly authorized to execute the said instrument. Given under my hand and seal, this _____ day of _____________________, 2014. _______________________________ Notary Public My Commission expires: _________________________ Exhibit A Legal Description Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/gov_officials.php Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Human Resources Community Development Police Public Works Agenda Item Number NB #4 Tracking Number PW 2014-17 Walsh Drive PW Committee – March 18, 2014 None Status Update Brad Sanderson Engineering Name Department This memo is to update the Public Works Committee as to the status of the effort to address the drainage issues at Walsh Drive. As previously noted, staff has attempted to reach out to the adjacent property owner in order to coordinate a solution. To this point, the property owner has been unresponsive and we have been unable to schedule a meeting. If you may recall, our recommended solution involved “bypassing” of the offsite flow directly to the detention basin. This involved either the construction of a larger culvert under Walsh Drive or the construction of a larger storm sewer along the rear lot lines of the adjacent homes. Both options would involve the cooperation and the acquisition of easements from the adjacent property owner. As a result of the lack of progress with the property owner, we have investigated additional options to mitigate the drainage issues that could be implemented within the existing ROW and easements. We have identified two feasible alternatives. The first alternative involves increasing the capacity of the bypass flow through the storm sewer on the south side of Sunflower Estates by increasing the size of the flared end section accepting the bypass flow and the addition of an additional outfall section. See attached Alternative No. 1 Exhibit and Preliminary Cost Estimate. The second alternative would be to add additional inlets to the low point on Walsh Drive within the subdivision. This alternative would be in addition to the Alternative No. 1 improvements to increase removal of stormwater from the subdivision when overflow events occur. See attached Alternative No. 1A Exhibit No. 1A Exhibit and Preliminary Cost Estimate. Both suggested improvements noted above would provide relief from the current situation. We continue to recommend that we pursue coordination with the property owner in an attempt to ultimately solve the situation. A good portion of the improvements noted above (if not all, depending on solution) would remain in place with the ultimate solution. Lastly, it should also be noted that IDOT as part of their planned improvements to IL Route 71 will be making modifications/changes in how the area drains near Walsh Drive. We are the in process of communicating our concerns on the downstream drainage to them. If you have any questions, or need additional information, please let me know. Memorandum To: Bart Olson, City Administrator From: Brad Sanderson, EEI CC: Eric Dhuse, Director of Public Works Krysti Barksdale-Noble, Community Dev. Dir. Lisa Pickering, Deputy City Clerk Date: March 10, 2014 Subject: Walsh Drive Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/gov_officials.php Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Human Resources Community Development Police Public Works Agenda Item Number NB #5 Tracking Number PW 2014-18 Heustis Street Improvements PW Committee – March 18, 2014 Consideration of Approval Contract Consideration Brad Sanderson Engineering Name Department Summary An engineering agreement with EEI for the Summer 2014 Road to Better Roads program design and construction engineering for roadway, storm sewer and watermain improvements on Heustis Street between E Orange Street and E Fox Road. Background At the end of January, the City Council tentatively endorsed the scaled back Road to Better Roads program recommended by the Public Works Committee at the January Public Works committee meeting. That scaled back plan is as follows: 1) W Hydraulic from its western terminus to Morgan St 2) Adrian Street from Blaine St to W Washington St with water and storm sewer improvements 3) Heustis Street from E Orange St to E Fox Rd with water improvements 4) State Street sanitary sewer improvements 5) Miscellaneous sanitary sewer improvements In order to ensure this project is completed in the 2014 construction season, the engineering agreement must be approved as soon as possible. A full project schedule is appended to the engineering agreement. Approval of this engineering agreement is the first official endorsement of the Road to Better Roads program to be completed in the 2014 construction season. If the City Council does not wish to proceed with the scaled back plan as listed above, or has major reservations about the water rate increase proposals in the FY 15 budget proposal, this engineering agreement should be tabled. Recommendation For reasons already discussed in the FY 15 budget proposal and the January Public Works Committee meeting, staff recommends approval of this engineering agreement. Memorandum To: Public Works Committee From: Bart Olson, City Administrator CC: Date: March 13, 2014 Subject: Heustis Street Improvements – Engineering Agreement Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/gov_officials.php Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Human Resources Community Development Police Public Works Agenda Item Number NB #6 Tracking Number PW 2014-19 State Street Sanitary and Adrian Water main and Drainage Improvements PW Committee – March 18, 2014 Consideration of Approval Contract Consideration Brad Sanderson Engineering Name Department Summary An engineering agreement with EEI for the Summer 2014 Road to Better Roads program design and construction engineering for sanitary sewer improvements on State Street and watermain and drainage improvements on Adrian Street. Background At the end of January, the City Council tentatively endorsed the scaled back Road to Better Roads program recommended by the Public Works Committee at the January Public Works committee meeting. That scaled back plan is as follows: 1) W Hydraulic from its western terminus to Morgan St 2) Adrian Street from Blaine St to W Washington St with water and storm sewer improvements 3) Heustis Street from E Orange St to E Fox Rd with water improvements 4) State Street sanitary sewer improvements 5) Miscellaneous sanitary sewer improvements In order to ensure this project is completed in the 2014 construction season, the engineering agreement must be approved as soon as possible. A full project schedule is appended to the engineering agreement. This engineering agreement is separate from the Heustis Street engineering agreement, even though both are part of the Road to Better Roads program, because they are in different locations and can proceed independently. Approval of this engineering agreement is the first official endorsement of the Road to Better Roads program to be completed in the 2014 construction season. If the City Council does not wish to proceed with the scaled back plan as listed above, or has major reservations about the water rate increase proposals in the FY 15 budget proposal, this engineering agreement should be tabled. Recommendation For reasons already discussed in the FY 15 budget proposal and the January Public Works Committee meeting, staff recommends approval of this engineering agreement. Memorandum To: Public Works Committee From: Bart Olson, City Administrator CC: Date: March 13, 2014 Subject: Adrian St and State St Improvements – Engineering Agreement Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/gov_officials.php Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Human Resources Community Development Police Public Works Parks and Recreation Agenda Item Number NB #7 Tracking Number PW 2014-20 Riverfront Park Engineering Agreeement Public Works – March 18, 2014 N/A Majority Approval See attached memo. Bart Olson Administration Name Department Summary Approval of an engineering agreement with EEI for Riverfront Park improvements as part of the 2012 OSLAD grant project. Background The City was awarded an OSLAD grant for Riverfront Park redevelopment in 2013, and signed the grant agreement with the state in the past few months. The first part of the project was to conduct appraisals on the land at Blackberry Creek that was used as our local match. These appraisals were recently completed, and yielded a value of $8,500 per acre ($247,000) and $8,247 per acre ($240,000). While this falls short of our predicted value of $400,000+, we had $172,000 of residual value leftover from the Raintree Park OSLAD project, so we have enough local match to proceed with the Riverfront Park project. The grant-related project budget is as follows: Brick (repair and re-laying along walkway) $ 32,000 Brick work & new stairs on existing shelter $ 15,000 Playground & sitting area $132,000 Fishing Pier $ 70,000 Lighting extension into east end of park $ 50,000 Parking Lot (completion of small asphalt lot near building) $ 5,000 Landscape Restoration $ 19,000 Shared-Use Trail (1,210 LF) $ 50,000 Canoe Access Beach $ 5,000 Small Picnic Shelters relocated to woods $ 5,000 Memorial Area (benches only) $ 5,000 Woodland Restoration (tree removal for wood chip path, tree planting) $ 25,000 Vendor pads and electrical outlets $ 20,000 Rise-off outdoor shower $ 10,000 Port-o-let/changing facility shelters $ 14,000 A/E Design fees (10%) $ 45,700 $502,700 Within these grant-related components, staff has asked EEI for assistance with a topographic survey, soil analysis, wetland delineation, endangered species analysis, Illinois Historical Preservation Agency report, and the IEPA notice of intent permit. All of these items are considered within the A/E design Memorandum To: Public Works Committee From: Bart Olson, City Administrator CC: Date: March 13, 2014 Subject: Riverfront Park Engineering Agreement fees of the grant project. Additionally, we’ve asked EEI for assistance with the parking lot (completion of small asphalt lot near building), a portion of the playground and sitting area (related to site preparation), the shared use trail (design and construction documents), and fishing pier (design). EEI’s assistance with these items, we will have final construction documents which we can put to bid for the various components. The only item that we’ve included in this EEI agreement that is not grant-related is the construction documents for the Hydraulic Avenue extension and eastern parking lot. These components have already been designed by EEI as part of past projects, and we only need construction documents to be completed for $1,750 to take these to bid. While we don’t have funding for the completion of these components immediately identified, we included the completion of the construction documents in this engineering agreement with the thought that we would include these components in the RFP as an add- on and receive more favorable bid results on both the grant-related and non-grant-related components. As a reminder, the ultimate park renovation includes more components that can be funded by the downtown TIF. These components were not included in the grant application: Kiosk(s) $ 2,000 Parking lot on east side of building $156,000 Bioswale in parking lot $ 8,000 Boat ramp/canoe launch $ 46,000 Application cost for railroad easement $ 2,950 Performance area/pad $ 20,000 Changing facilities $ 1,000 Memorial Area (additional) $ 5,000 $240,950 Finally, every other component of the grant project can likely be completed with in-house staff and likely without any assistance from a parks planning consultant. Recommendation Staff recommends approval of an engineering agreement with EEI for Riverfront Park redevelopment. Summary The 2012 OSLAD Grant Cycle is open for applications which are due by July 1st. As of the date of this memo, we have not yet heard if we have been awarded grant funds for our 2011 Riverfront Park application. The state has reported that they have approximately $10-$11 million available for the last grant cycle. Park Board has recommended that we re-submit the Riverfront Park application for the 2012 cycle in case our current application submission is not awarded to us. The Park Board unanimously agreed that Riverfront Park is the most needed for the community, especially due to the increase in activity since the Whitewater Course has been completed, as well as it being our strongest application due to the elements included. The OSLAD grant application will be a development and acquisition grant. This will require development of the park to the design submitted for the grant as well as acquisition of land, which will also be developed according to the plan submitted. OSLAD Grant Project The elements listed below are either a priority for residents and elected officials, such as the playground replacement, score high on the OSLAD scoring system, such as the fishing pier and canoe access beach, or are a recommended improvement to achieve a safe and user-friendly facility. Brick (repair and re-laying along walkway) $32,000 Brick work & new stairs on existing shelter $15,000 Playground & sitting area $132,000 Fishing Pier $70,000 Lighting extension into east end of park $50,000 Parking Lot (completion of small asphalt lot near building) $5,000 Landscape Restoration $19,000 Shared-Use Trail (1,210 LF) $50,000 Canoe Access Beach $5,000 Small Picnic Shelters relocated to woods $5,000 Memorial Area (benches only) $5,000 Woodland Restoration (tree removal Memorandum To: Committee of the Whole Bart Olson, City Administrator From: Laura Schraw, Interim Director of Parks & Recreation CC: Scott Sleezer, Superintendent of Parks Date: June 7, 2012 Subject: 2012 OSLAD Grant Cycle Application for wood chip path, tree planting) $25,000 Vendor pads and electrical outlets $20,000 Rise-off outdoor shower $10,000 Port-o-let/changing facility shelters $14,000 A/E Design fees (10%) $45,700 $502,700 A project is more favorable to the IDNR if the local agency is contributing more than 50% of the project costs. To achieve this, the City is estimating that the value of the priority elements is greater than $400,000, however, some elements can be completed by the City with no additional financial outlay. This includes items such as forced labor for brick restoration, playground work, electrical work, parking lot and trail construction, woodland restoration, sewer/water for the outdoor shower, and construction of the port-o-let/changing facility shelters, as well as the architectural and engineering design fees. The A/E Design fees would include time spent designing and preparing specifications and construction documents for the project. All of these items can be completed by current City employees. The added benefit of this is to maximize our reimbursement from the state. If prices come in below our originally submitted estimates and additional funds remain for reimbursement, we can be reimbursed for the forced labor and A/E design fees for City staff time. In other words, there will be no final outlay of funds by the City. The design for this park is attached and has not changed from the previous years’ design. Land Contribution (Corlands property) A letter of valuation (attached) is provided for the 29.1 acre parcel located south of Blackberry Creek by Thompson Appraisals from the first grant submission in 2010. The estimated value of that parcel is $378,000 based on a $13,000/acre estimate. It is a natural division in the 90 acre parcel, and a concept plan is attached for development of the park. Development of the park must occur within 3 years of acceptance of the final payment of the OSLAD grant, therefore, conceivably (if we are awarded in 2013, begin construction immediately and receive our final payment in 2015) construction would need to be finished by 2018. The site development plan is attached and includes a trail, trail head and map, and interpretive signage along the path. The site currently exists as a natural tall grass field. If the valuation of the land is further reduced by the time of acquisition as part of this grant, additional land will be donated from the larger 60 acre section (the entire Corlands property is approximately 90 acres total) as necessary. The City will not expend any additional funds on the development of the park by increasing the land donation to meet the value of $378,000. Overall Budget Estimate Last year a question on the cost for improving the entire park to the entire conceptual design (without any grant funding) was asked. Below is a preliminary estimate of all elements and the total cost for these improvements. Kiosk(s) $2,000 Parking lot on east side of building $156,000 Bioswale in parking lot $8,000* Boat ramp/canoe launch $46,000 Application cost for railroad easement $2,950 Brick (repair and re-laying along walkway) $32,000 Performance area/pad $20,000 Changing facilities $1,000** Brick work & new stairs on existing shelter $15,000 Playground & sitting area $132,000 Fishing Pier $70,000 Lighting extension into east end of park $50,000 Parking Lot (completion of asphalt near building) $5,000 Landscape Restoration $19,000 Shared-Use Trail (1,210 LF) $50,000 Canoe Access Beach $5,000 Small Picnic Shelters relocated to woods $5,000 Memorial Area $10,000 Woodland Restoration (tree removal for wood chip path, tree planting) $25,000 Vendor pads and electrical outlets $20,000 Rise-off outdoor shower $10,000 Port-o-let Shelters $14,000 Total $697,950 A/E Design fee (15%)*** $104,692.50 Total estimated project cost: $802,642.50 *Cost does not include forced labor to complete work. **Annual fee. *** Estimated cost of project completion using consultants (if Staff did not do design, plans, meetings, construction monitoring, etc.). Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/gov_officials.php Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Human Resources Community Development Police Public Works Parks and Recreation Agenda Item Number NB #8 Tracking Number PW 2014-21 Grande Reserve Park B Engineering Agreement Public Works – March 18, 2014 N/A Majority Approval See attached memo. Bart Olson Administration Name Department Summary Approval of an engineering agreement with EEI for improvements on Grande Reserve Park B. Background Grande Reserve Park B was donated to the City by the Grande Reserve developer as part of the original annexation agreement in 2004. This donation was used by the City as a land-match for the 2007 Prairie Meadows Park OSLAD grant (Riemenschneider Park). Construction on the park improvements for Park B must be commenced by January 2015, and this deadline cannot be extended, since the City has already been granted multiple extensions in the past by IDNR. In order to get to the point where the City can install park equipment, we must mass grade and prepare the property. The attached engineering agreement contains three components. First, the contract contains due diligence on the property. This will consist of EEI shooting a topographic survey of the property. The end result of the survey will be for us to have an estimate of the cost to complete the grading and preparation of the site. Second, the contract includes expenses for the design of the mass grading of open space and the preparation of documents for the City to complete an RFP for mass grading and site preparation. Third, the contract contains expenses for design of the park/recreational improvements and the preparation of documents for the City to complete an RFP for park/recreational improvements to the site. The unique detail about this engineering agreement is 2/3 of the components are actually developer responsibilities and the final 1/3 is a City obligation that is being paid for by the developer. In the 2004 annexation agreement and city-wide development ordinances, the developer committed to following the City’s subdivision improvement standards, which indicated that land for park purposes that is donated to the City must be mass graded and seeded, and committed to paying for the installation of park/recreational equipment. However, in order to meet the deadlines imposed by the IDNR OSLAD grant program and prevent the City from having to pay back $400,000 to the State, we must begin to complete the improvements ourselves. It should be noted that the existing developer is aware of the obligations and has a meeting to discuss subdivision-wide items next Wednesday (the day after the Public Works Committee meeting). The intent is to have an annexation agreement amendment in front of the City Council in the next few months that addresses many issues in the subdivision, including the funding of these improvements. The agreement could result in the developer completing the improvements themselves (unlikely given the timeline for construction and the deadline imposed by IDNR) or reimbursement of the cost of the improvements to the City (possible, but we have not requested that yet from the developer). We will keep the committee updated as negotiations progress. Recommendation Memorandum To: City Council From: Bart Olson, City Administrator CC: Date: March 13, 2014 Subject: Grande Reserve – Park B Engineering Agreement Staff recommends approval of the engineering agreement with EEI for Grande Reserve Park B improvements. Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/gov_officials.php Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Human Resources Community Development Police Public Works Parks and Recreation Agenda Item Number NB #9 Tracking Number PW 2014-22 ComEd Recreational Lease Renewal Public Works – March 18, 2014 N/A Majority Approval See attached memo. Bart Olson Administration Name Department Summary Approval of an extension to the ComEd recreational lease for a portion of the ComEd easement near the South water tower. Background This item was last discussed by the City Council in 2004. At that time, the City Council chose to renew the lease for a 10-year term. The lease agreement and resolution from 2004 are attached to this memo. This easement was originally granted for access to the City’s sanitary sewer lift station in the mid-2000s (that lift station has since been abandoned) and for recreational use. While the City has no immediate plans to install a trail within this easement nor between Riverfront Park and Windett Ridge, we recommend approval of the extension of the lease for future planning purposes. At $1 for a 10-year lease, we think it is prudent to approve. Recommendation Staff recommends approval of the ComEd recreational lease. Memorandum To: Public Works Committee From: Bart Olson, City Administrator CC: Date: March 13, 2014 Subject: ComEd recreational lease STATE OF ILLINOIS COUNTY OF KENDALL RESOLUTION 2004- RESOLUTION APPROVING EXECUTION OF COMMONWEALTH EDISON COMPANY LEASE SUPPLEMENT NUMBER TWO WHEREAS,the United City of Yorkville has deemed it necessary to enter into an extension of a lease agreement originally commencing on May 1, 1989 for access and wildlife walking trail; and WHEREAS, said extension shall commence on May 1,2004 and expire on April 30,2014; and WHEREAS,the Mayor and City Council of the United City of Yorkville deem it to be in the best interest of the City to preserve said easement described in the Lease Supplement Number Two on said terms and conditions: NOW THEREFORE, the Mayor is authorized to execute Lease Supplement Number Two with Commonwealth Edison Company. PASSED AND APPROVED this" day of r-I A.Z 200Y WANDA OHARE Gt ' JOSEPH BESCO VALERIE BURD PAUL JAMES LARRY KOT MARTY MUNNS ROSE SPEARS RICHARD STICKA MAYOR AT E T: CITY CLERK Law Offices of Daniel J. Kramer 1107A South Bridge Street Yorkville,Illinois 60560 630,5539500 J 0 United City of Yorkville County Seat of Kendall CountyESL , " 1836 800 Game Farm Road 4 0 Yorkville,Illinois 60560 O b,O Phone:630-553-4350 Fax:630-553-7575 L E CERTIFIED COPY AFFIDAVIT I, Elizabeth A. D'Anna, Deputy Clerk in and for the United City of Yorkville, Kendall County, State of Illinois, and Legal Custodian of the records, files and seal of said City do hereby certify this is a full and complete co of the original document identified as l tl 1 f ;' lPcopy filed in my office on T Dated this day of - 2004. Elizabeth D'Anna, Deputy erk SEAL FOX &ILLINOIS UNION R/W PARCEL: 4 W1/2, SEC.4 TWP. 36N RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN KENDALL COUNTY,ILLINOIS ComEd TAX PARCEL 1653 ComEd CENTRAL REGION LEASE SUPPLEMENT NUMBER TWO LANDLORD: Commonwealth Edison Company,an Illinois corporation TENANT: City of Yorkville LEASE DATED: May 1, 1989 PRIOR SUPPLEMENTS DATED: May 12, 1994 PURPOSE: Wildlife walking trail and an access road for the tenant to periodically service its lift Station,all insofar as permitted by law and for no other purpose whatsoever. LANDLORD and TENANT have entered into the hereinabove mentioned Lease for a five year period commencing on May 1, 1989 and expiring on April 30, 1994, which Lease was extended by Lease Supplement Number One dated May 12, 1994,for an additional ten years commencing on May 1, 1994 and expiring on April 30, 2004,and LANDLORD and TENANT desire to amend said Lease subject to the modifications hereinafter provided. MODIFICATIONS: It is mutually agreed that the said Lease is hereby extended for an additional ten year period commencing on May 1,2004 and expiring on April 30, 2014,unless sooner terminated as provided in said Lease. The paragraph on Page 7 of the Lease dated May 1, 1989,headed "ENVIRONMENTAL PROTECTION" is hereby deleted and amended to read as follows: ENVIRONMENTAL PROTECTION A. General. Tenant covenants and agrees that Tenant shall conduct its operations on the Leased Premises in compliance with all applicable Environmental Laws(as hereinafter defined) and further covenants that neither Tenant nor any member of the Tenant Group shall use,bring upon, transport, store,keep or cause or allow the discharge, spill or release(or allow a threatened release) in each case of any Hazardous Substances(as hereinafter defined) in,on,under or from the Leased Premises. Without limiting any other indemnification obligations of Tenant contained herein,Tenant hereby agrees to protect, indemnify, defend(with counsel acceptable to Landlord)and hold harmless the Indemnified Parties from and against any and all Losses and Claims(including,without limitation,(i) reasonable attorneys' fees,(ii)liability to third parties for toxic torts and/or personal injury claims, (iii) fines,penalties and/or assessments levied or raised by any governmental authority or court, and(iv) assessment, remediation and mitigation costs and expenses and natural resource damage claims)arising out of,resulting from or connected with any Hazardous Substances used,brought upon,transported, stored,kept,discharged, spilled or released by Tenant, any member of the Tenant Group or any other person or entity(except for any person or entity which is an Indemnified Party) in,on,under or from the Leased Premises. For purposes of this Lease, the term"Hazardous Substances"shall mean all toxic or hazardous substances, materials or waste,petroleum or petroleum products,petroleum additives or constituents or any other waste,contaminant or pollutant regulated under or for which liability may be imposed by any Environmental Law. "Environmental Laws"shall mean all federal,provincial, state and local environmental laws(including common law)regulating or imposing standards of care with respect to the handling, storage,use,emitting,discharge,disposal or other release of Hazardous Substances, including,but not limited to, the Resource Conservation and Recovery Act of 1976,42 U.S.C. §§ 6901 et seq.,the Clean Air Act,42 U.S.C. §§7401,et seq.,the Federal Water Pollution Control Act, 33 U.S.C. 1251,et seq.,the Emergency Planning and Community Right to Know Act,42 U.S.C. §§ 1101,et seq., the Comprehensive Environmental Response,Compensation and Liability Act of 1980,42 U.S.C. §§ 9601 et seq.,the Toxic Substances Control Act, 15 U.S.C. §§2601,et seq.,the Oil Pollution Control Act, 33 U.S.C. §§2701,et seq., any successor statutes to the foregoing,or any other comparable local,state or federal statute or ordinance pertaining to protection of human health,the environment or natural resources, including without limitation the preservation of wetlands,and all regulations pertaining thereto,as well as applicable judicial or administrative decrees, orders or decisions,authorizations or permits. B. Wetlands. If there are wetlands on the Leased Premises,or if wetlands should develop on the Leased Premises during the Term,Tenant shall strictly comply with and observe all applicable Environmental Laws. At Landlord's request,Tenant, at its cost,shall furnish Landlord with a survey of the Leased Premises delineating any wetland areas located on the Leased Premises. Under no circumstances shall Tenant change the physical characteristics of any wetland areas located on the Leased Premises or any adjoining land or place any fill material on any portion of the Leased Premises or adjoining land, without in each instance obtaining Landlord's prior written consent(which may be granted or withheld in Landlord's sole discretion),and only then in compliance with applicable Environmental Laws. C. Notice of Violation/Release. Tenant shall provide Landlord with prompt written notice upon Tenant's obtaining knowledge of the existence of any Hazardous Substances on, in or under the Leased Premises in violation of Environmental Laws,or of any potential or known release or threat of release of any Hazardous Substances affecting the Leased Premises. D. Survival. This Section shall survive the expiration or other termination of the Lease. INSURANCE AND INDEMNITY"on Page 8 of the LEASE dated May 1, 1989, is hereby deleted and amended to read as follows: INSURANCE. Tenant agrees to require its contractors,before commencing any work on the Leased Premises to purchase and maintain,or at the option of Tenant to itself purchase and maintain,at the cost of Tenant or its contractors,a policy or policies of insurance issued by insurance companies authorized to do business in the State of Illinois and in a form satisfactory to Landlord as follows: 2 COVERAGE#1 Workers'Compensation Insurance Policy: Coverage A-To pay promptly when due all compensation and other benefits required of the insured by the workers' compensation law. Coverage B -Employers'Liability: To pay on behalf of the insured with limits not less than One Million and No/100 dollars($1,000,000.00) each accident/occurrence all sums which the insured shall become legally obligated to pay as damages because of bodily injury by accident or disease, including death at any time resulting therefrom. Coverage A and Coverage B will cover all contractors, subcontractors,and their subcontractors. COVERAGE#2 Comprehensive General Liability Policy or Policies(with coverage consistent with ISO CG 0001 (10/98))covering all contractors, subcontractors and all their subcontractors with limits not less than the combined single limit of Four Million and No/100 Dollars($4,000,000.00)for bodily injuries to or death of one(1)or more persons and/or property damage sustained by one(1)or more organizations as a result of any one(1)occurrence, which policy or policies shall not exclude property of Landlord. Landlord shall be added as an Additional Insured under endorsement GL 2010. Bodily injury means bodily injury, sickness,or disease sustained by any person which occurs during the policy period, including death,at any time resulting therefrom. Property damage means 1)physical injury to or destruction of tangible property which occurs during the policy period, including the loss of use thereof at any time resulting therefrom, or(2)loss of use of tangible property which has not been physically injured or destroyed provided such loss of use is caused by an occurrence during the policy period. Tenant will, in any event,purchase and maintain during the term hereof; COVERAGE#3 i) Owners'Landlords'and Tenants'Liability Insurance Policy in the name of Landlord as the insured, with limits of not less than the combined single limit of Four Million and No/100 Dollars($4,000,000.00)for bodily injuries to or death of one or more persons and/or property damage sustained by one or more organizations as a result of any one occurrence,which policy shall not exclude property of Landlord. Bodily injury means bodily injury, sickness,or disease sustained by any person which occurs during the policy period, including death, at any time resulting therefrom. Property damage means(1)physical injury to or destruction of tangible property which occurs during the policy period, including the loss of use thereof at any time resulting therefrom,or(2) loss of use of tangible property which has not been physically injured or destroyed provided such loss of use is caused by an occurrence during the policy period. ii) As an alternative to the Owners' Landlords' and Tenants' Liability Insurance described above,Tenant may purchase and provide a rider or an 3 endorsement to its existing commercial general liability policy or policies of insurance naming Landlord as an additional insured thereunder,Endorsement GL 2010 or CG 2010,covering the location of Landlord's Facilities including coverage extensions for premises/products/completed operations and contractual liability for Tenant's indemnity obligations hereunder;provided that the limits and coverages in this alternative form of insurance are equal to or greater than the limits and coverages specified above for the Owners' Landlords' and Tenants' Liability Insurance Policy. Landlord reserves the unrestricted right to approve or reject any such alternative form of insurance that may be provided by Tenant. iii) Automobile Liability in an amount of not less than$1,000,000 per occurrence combined single limit for bodily injury and property damage, covering all owned, leased,rented or non-owned vehicles,which shall include automobile contractual liability coverage. Tenant may substitute lower limits for any of the policies listed above,provided that Tenant maintains an umbrella or excess liability policy or policies which provide a total minimum limit of$1,000,000.00 for automobile liability and 4,000,000.00 for general liability, and that all other requirements of this insurance clause are satisfied by such umbrella or excess policy or policies. There shall be furnished to Landlord,prior to commencing the work above described a certificate of insurance showing the issuance of insurance policies pursuant to the requirements contained in Coverages#1 and#2 of this paragraph which policies shall be held by Tenant and shall be delivered to Landlord upon written request. Insurance coverage as required herein shall be kept in force until all work has been completed. The original policy required under Coverage#3 shall be delivered to Landlord upon execution of this document. The in under Coverag-e#3 shall be kept in force through the term hereof through the above-referred policy,or such subsequent or substitute policy or policies as Tenant may,at its discretion,obtain. Declarations in each of said policies shall identify the work as being done by and for others on property owned by Landlord and there shall be no exclusions in any of said policies not approved by Landlord. Landlord hereby reserves the right to amend,correct and change from time-to-time the limits,coverages and forms of polices as may be required from Tenant and/or its contractors. The paragraph on Page 18 of the Lease dated May 1, 1989,headed"NOTICES" is hereby deleted and amended to read as follows: All notices to LANDLORD shall be in writing; to Commonwealth Edison Company,c/o Manager of Leasing,Real Estate&Facilities,Three Lincoln Centre—0 Floor,Oakbrook Terrace, Illinois,60181,or at such other place as LANDLORD may from time-to-time designate in writing. All notices to TENANT shall be in writing; addressed to TENANT at 610 Tower Lane, Yorkville, Illinois 60560,or at such other place as TENANT may from time-to-time designate in writing. The term in-writing" shall include telegraphic,telecopier,telex,electronic mail or similar means of transmitting writings". 4 All of the terms and conditions of the Lease dated May 1, 1989, and Lease Supplement Number One dated May 12, 1994,are incorporated herein by reference and except as expressly modified by this instrument, said terms and conditions shall remain in full force and effect. AUTHORITY TO ACT: This agreement shall be executed for and on behalf of the TENANT pursuant to a resolution adopted by the GEf %t — the TENANT, at a regular meeting held 200 , and signed by the officers therein designated as signatories and attested by the clerk of such TENANT and a certified copy of such resolution shall be attached hereto and made a part hereof as evidence of the authority herein exercised by the undersigned officers executing the Lease. IN WITNESS WHEREOF,the parties hereto have hereunto set their hands and seals this day of 20—• LANDLORD: COMMONWEALTH EDISON COMPANY By D.E.Wilson Manager of Leasing Real Estate&Facilities TENANT: CITY OF Y RKVILLE By Title 5 A. General Information 1Lessee Name: Lessee Street Address: Lessee Mailing Address: City:State:Zip Code: Lessee Phone Number: 2Provide the site location (city, nearby intersection, adjacent address, etc.): County: 3Is this a new lease or a renewal?New LeaseRenewal 4Environmental or Site Contact: Phone:Email: 5 Name:Date: Phone: Email: 6 7Surrounding area:IndustrialCommercial ResidentialOther North: South: East: West: 8 Note specifically if any of the following are adjacent to the property: gas station, daycare center, nursery, school, chemical manufacturing plant, oil refinery or bulk fuel storage facility, and dry cleaners. Describe any visible signs of contamination or concern on the adjacent properties: Name of the individual who filled out this checklist and phone number in case additional information or clarification is needed: Describe any previous uses of site: Please describe the surroundings on each side of the site and list businesses adjoining the property: To be completed by Lessee Environmental Due Diligence Checklist for ROW Land Lease Requests - effective January 2012 (To be completed by Tenant/ComEd Real Estate and forwarded to ComEd ESD for review) Website: ComEd Environmental Due Diligence Checklist for ROW Leases - January 2012 Lease DDPage 1 Revised December, 2012 Environmental Due Diligence Checklist for ROW Land Lease Requests - effective January 2012 (To be completed by Tenant/ComEd Real Estate and forwarded to ComEd ESD for review) B. Exterior ComEd Property Features 1 YesNoUnknown If 'Yes', please describe: 2 YesNoUnknown If 'Yes', please describe: 3 YesNoUnknown If 'Yes', please describe: 4 YesNoUnknown If 'Yes', please describe: 5 YesNoUnknown If 'Yes', please describe: 6 YesNoUnknown If 'Yes', please describe: 7 YesNoUnknown If 'Yes', please describe: 8 YesNoUnknown If 'Yes', please describe: 9 YesNoUnknown If 'Yes', please describe and detail where they discharge to: 10 YesNoUnknown If 'Yes', please describe: 11 YesNoUnknown If 'Yes', please describe: Are there any areas of dead or stressed vegetation on site? Are there any paved parking areas on site? Are there any ditches, culverts, or retention basins on site? Are there any areas of stained pavement, soil, or vegetation on site? Will there be any outside vehicle maintenance or washing areas on site? Will there be any outside chemical storage, chemical use, or chemical mixing areas on site? Are there any storm sewer drains? Are there any other notable exterior features on site? Are there any ponds, lakes, rivers, streams, creeks, or wetland areas on site? Are there any improvements to the site that will be made? Are there any gravel-covered areas on site? ComEd Environmental Due Diligence Checklist for ROW Leases - January 2012 Lease DDPage 2 Revised December, 2012 Environmental Due Diligence Checklist for ROW Land Lease Requests - effective January 2012 (To be completed by Tenant/ComEd Real Estate and forwarded to ComEd ESD for review) C. On-Site Operations 1 2 3 Stored in Secondary Container Evidence of Spills or Leaks List all bulk (I.e., 55 gallons or greater) chemicals that are used or stored on your company property (i.e., solvents, pesticides, new oil, used oil, antifreeze, petroleum products, etc. ). You may also attach a chemical inventory. Also include any unlabeled containers. (This section refers to company site generally adjacent to the ComEd leased property). Check if Applicable Stains in Area Container Size and Type (i.e. 55- gallon steel drums, etc.) Storage LocationChemical Name Containers Closed Describe the current on-site operations (include chemical storage, mixing, use and disposal; vehicle repair, maintenance, and washing; and fuel dispensing, etc.). Also, please describe which of these operations will be performed on lessee versus ComEd property: Please provide a list of any materials, batteries or chemicals that will be stored or used on the ComEd property. Include quantities and attach copies of relevant MSDS information. ComEd Environmental Due Diligence Checklist for ROW Leases - January 2012 Lease DDPage 3 Revised December, 2012 Environmental Due Diligence Checklist for ROW Land Lease Requests - effective January 2012 (To be completed by Tenant/ComEd Real Estate and forwarded to ComEd ESD for review) D. Environmental Permits- Daily Operations 1 YesNoUnknown If 'Yes', please describe: 2 YesNoUnknown If 'Yes', please describe: 3 YesNoUnknown If 'Yes', please describe: E. Waste Water Discharges 1 YesNoUnknown YesNoUnknown YesNoUnknown YesNoUnknown YesNoUnknown YesNoUnknown 2 YesNoUnknown If 'Yes', please describe: 3 Privately-owned treatment works: Surface or groundwater (dry wells): Underground injection well: Describe any pre-treatment systems (e.g., oil/water separator), and list associated discharge points: Does the tenant have any other Illinois property where they hold an environmental permit? Does the tenant hold any environmental permits for operations at the adjacent site? Does the adjacent facility discharge waste water to any of the following: Has the tenant received any Notices of Violation (NOV's) in the last 5 years? Doesthetenantholdapermittodischarge? Navigable waters: Publicly-owned treatment works: Septic system: ComEd Environmental Due Diligence Checklist for ROW Leases - January 2012 Lease DDPage 4 Revised December, 2012 Environmental Due Diligence Checklist for ROW Land Lease Requests - effective January 2012 (To be completed by Tenant/ComEd Real Estate and forwarded to ComEd ESD for review) F. Hazardous Waste Generation 1 YesNo If 'Yes', identify sources of hazardous wastes (i.e. discarded petroleum products, pesticides, used batteries, solvents, degreasers, etc.). Waste Type Storage Method (i.e. 55-gallon steel drums, etc.) Frequency of Pick Up 2 YesNoUnknown 3 YesNoUnknown If 'Yes', describe the circumstances, including estimated percentage contribution and regulatory status of each site: Are hazardous wastes generated on site? Waste Hauler Name and Address Quantity generated in any one month (indicate units such as gallons, pounds, cubic yards, etc.) Treatment, Storage, and Disposal Faclity Name and Address Does the facility have an EPA Generator ID number? If 'Yes', list EPA ID number: Has the site owner ever been identified as a "potentially responsible party" ("PRP") at any disposal site? ComEd Environmental Due Diligence Checklist for ROW Leases - January 2012 Lease DDPage 5 Revised December, 2012 Environmental Due Diligence Checklist for ROW Land Lease Requests - effective January 2012 (To be completed by Tenant/ComEd Real Estate and forwarded to ComEd ESD for review) G. Storage Tanks A) Underground Storage Tanks ("USTs") 1 Yes, on tenant siteNot on tenant siteUnknown Yes, on ComEd siteNot on ComEd siteUnknown If 'Yes', complete the following table: Tank Capacity (gallons)Tank Age Active / Inactive 2 Yes, on tenant siteNot on tenant siteUnknown Yes, on ComEd siteNot on ComEd siteUnknown If 'Yes', complete the following table: Tank Capacity (gallons)Tank Age Years Removed or Closed in Place B) Aboveground Storage Tanks ("ASTs") 1 Yes, on tenant siteNot on tenant site Unknown Yes, on ComEd siteNot on ComEd site If 'Yes', complete the following table: Tank Capacity (gallons)Tank Age Active / Inactive C) UST/AST Compliance 1 YesNo 2 YesNo Are there any underground storage tanks located on site? Tank Location Tank Contents (gasoline, diesel fuel oil, etc.) Tank Construction Material (steel, fiberglass, etc.) Have any USTs been removed or closed in place at the site? Tank Contents (gasoline, diesel fuel oil, etc.) Tank Construction Material (steel, fiberglass, etc.) Tank Location Tank Location Are there any aboveground storage tanks located on site? Tank Contents (gasoline, diesel fuel oil, etc.) Tank Construction Material (steel, fiberglass, etc.) Please certify that all UST/AST's are in compliance with environmental laws and regulations. Please verify that Spill Prevention, Control, and Countermeasure (SPCC) plans have been created for all AST/UST's: ComEd Environmental Due Diligence Checklist for ROW Leases - January 2012 Lease DDPage 6 Revised December, 2012 Environmental Due Diligence Checklist for ROW Land Lease Requests - effective January 2012 (To be completed by Tenant/ComEd Real Estate and forwarded to ComEd ESD for review) H. Proposed Projects A) Are there any projects associated with this lease/renewal?YesNo For example, parking lot paving, road construction or maintenance, sewer construction or maintenance, installation of lighting, installation of fencing, etc. B)If the answer to the above is 'yes' please answer the additional questions below: 1Briefly describe the location of the project (if different or more specific than the general lease location):County: 2Briefly describe the project: 3 4List any environmental permits that are or may be required by the project (e.g., wetlands, NPDES, T&E, etc.): 5 6 7Will you be fueling any vehicles or equipment onsite?YesNo 8Are high level project plans including diagrams and an aerial available at this point in time:YesNo a)If they are available, please include a copy with this request. b)If they are not available, please indicate when this information could be provided:Approximate Date: List any project controls that will be used to mitigate environmental impacts (e.g., temporary sediment controls such as a silt fence, wetlands access systems such as timber matting, etc.): List any materials that will be stored onsite for the purposes of this project: Briefly describe the anticipated environmental impacts of the project (e.g., hazardous waste generation, working in or near wetlands, soil removal, threatened or endangered species impacts, etc.): ComEd Environmental Due Diligence Checklist for ROW Leases - January 2012 Lease DDPage 7 Revised December, 2012 Environmental Due Diligence Checklist for ROW Land Lease Requests - effective January 2012 (To be completed by Tenant/ComEd Real Estate and forwarded to ComEd ESD for review) I. ComEd Site Information (to be completed by Real Estate): 1Provide the site location (parcel, ROW, city, nearby intersection, etc.): 2Is this a new lease or a renewal?New LeaseRenewal 3For renewals, how long has lessee been on site?YearsMonths 4Is there a structure on the ComEd property?YesNo If so, please describe: ComEd or Tenant structure?ComEdTenant 5Is tenant operating facility adjacent to this property?YesNo 6Does the tenant lease or otherwise occupy other ComEd locations?YesNo If yes, please describe locations: 7Total ComEd acreage:Under 1 acre10 to 99 acres 1 to 5 acres100 acres or more J. Other 1 YesNo If 'Yes', please describe: 2 Describe any follow-up recommendations: Are there any other environmental concerns you have regarding this site? To be completed by ComEd Real Estate ComEd Environmental Due Diligence Checklist for ROW Leases - January 2012 Lease DDPage 8 Revised December, 2012 * Approximate timing is provided for reference only and may not reflect actual timing or experience. Any revisions to request, requests for additional information, lease negotiations, or other delays or denials of documents or process will lengthen the application and review process outlined above. The lease review process is also subject to delays arising out of the ordinary course of ComEd business operations. Version Revised 7.11.2013 1 Summary of ComEd Lease Consideration Process Information to be submitted by Requestor in order for ComEd to initiate internal review process: 1) Name, phone number, mailing address, and e-mail address of the prospective tenant and contact person; 2) The location of the site, identifying major intersections nearest to the property as well as section, township, range, and county ; 3) A boundary survey with square footage and location of the proposed site noted on survey; 4) Color aerial photograph of the property including street names and ComEd property highlighted (Google map or Mapquest acceptable); 5) A complete description of the current or intended use of the property, including any proposed improvements; 6) List of any and all vehicle types and other items to be stored or parked on the property, including items in trucks Note: ComEd will not allow any storage or use of hazardous materials (such as toxic, corrosive, reactive, or ignitable materials) on right-of-way property, including, for example, municipal solid waste, batteries, oil, chemicals, pesticides, etc. or any recycled construction material 7) If this is for a new agreement, a $1,500.00 upfront, non-refundable review fee; and 8) Requests of lease for recreational purposes must include 8 sets of 24 x 36 plan & profile sheets showing proposed improvements and any proposed trail crossing ComEd right-of-way highlighted in color 9) Additional environmental information requirements may be triggered by the requests (for example, environmental due diligence form, wetlands delineation, engineering, and soil erosion and sedimentation control plan) 10) Copy of correspondence from county and city regarding environmental permits needed or stating none will be needed. Additional environmental information requirements may be triggered by the requests (for example, environmental due diligence form, wetlands delineation, engineering, and soil erosion and sedimentation control plan) Note: ComEd lease terms include, among other things, the following requirements:  Term of agreement typically 5 years (lease term for recreational purposes is typically 10 years)  Planting of trees in right-of-way is not allowed  Insurance requirements include: 1) Workers' Compensation Insurance with statutory limits, 2) Employers' Liability Insurance with limits not less than One Million dollars ($1,000,000.00) each accident/occurrence 3) Commercial General Liability (CGL) Policy or Policies covering all contractors, subcontractors and all their subcontractors with limits not less than Four Million dollars ($4,000,000.00) per occurrence covering liability for bodily injury and property damage arising from premises, operations, independent contractors, personal injury/advertising injury, blanket contractual liability and products/completed operations for not less than three (3) years from the date the work is accepted. * Approximate timing is provided for reference only and may not reflect actual timing or experience. Any revisions to request, requests for additional information, lease negotiations, or other delays or denials of documents or process will lengthen the application and review process outlined above. The lease review process is also subject to delays arising out of the ordinary course of ComEd business operations. Version Revised 7.11.2013 2 4) Automobile Liability in an amount of not less than one million dollars ($1,000,000) per accident for bodily injury and property damage, covering all owned, Leased, rented or non- owned vehicles, which shall include automobile contractual liability coverage. Insurance requirements are subject to change.  General & Environmental Indemnities  90- Day termination right reserved by ComEd Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/gov_officials.php Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Human Resources Community Development Police Public Works Agenda Item Number NB #10 Tracking Number PW 2014-23 Tentative Letting Schedule – CIP Projects PW Committee – March 18, 2014 None Status Update Brad Sanderson Engineering Name Department Attached is a tentative letting schedule for the planned Capital Improvements in FY2015. If you have any questions, or need additional information, please let me know. Memorandum To: Bart Olson, City Administrator From: Brad Sanderson, EEI CC: Eric Dhuse, Director of Public Works Krysti Barksdale-Noble, Community Dev. Dir. Lisa Pickering, Deputy City Clerk Date: March 10, 2014 Subject: Tentative Letting Schedule Tentative 2014 Letting Schedule Project Target Letting Target PW Meeting Target Award Rt 47 Sanitary Sewer Lining April 4 April 15 April 22 Raintree Village Completion of Improvements April 4 April 15 April 22 Kennedy Road Improvements (Autumn Creek)April 7 April 15 April 22 Cannonball Trail LAFO June 13 (IDOT) Walsh Drive Drainage Improvements June June 17 June 24 State Street Sanitary Sewer/Adrian Watermain June/July June/July June/July Baseline Road Bridge Deck Repair July July 15 July 22 2014 MFT (RTBR - MFT)July July 15 July 22 Huestis Street Improvements (RTBR - Non MFT)July July 15 July 22 Game Farm and Somonauk Street Improvements November 7 (IDOT) Have a question or comment about this agenda item? Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville, tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/gov_officials.php Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Human Resources Community Development Police Public Works Parks and Recreation Agenda Item Number OB #1 Tracking Number PW 2014-06 Road to Better Roads 5-year plan update Public Works – March 18, 2014 N / A Majority Approval See attached memo. Bart Olson Administration Name Department Summary Discussion of the Road to Better Roads 5-year plan. Background This item was last discussed by the Public Works Committee at their February meeting. At that meeting, the committee asked staff to bring engineering agreements for the scaled back Road to Better Roads program to the March Public Works Committee meeting. Those engineering agreements are included in the agenda items under new business. Recommendation The materials from the February Public Works Committee are attached. Staff is seeking any further questions or comments on the FY 15 budget proposal related to Roads to Better Roads. Memorandum To: Public Works Committee From: Bart Olson, City Administrator CC: Date: March 13, 2014 Subject: Road to Better Roads 5-year plan update Summary Discussion and direction on the FY 15 Road to Better Roads program and discussion on the FY 16 through FY 19 Road to Better Roads plan. Background This item was last discussed at the January 21 Public Works Committee meeting. At that meeting, the City Council recommended that we proceed with the scaled back FY 15 Road to Better Roads program as discussed in the attached memo. They expressed some concern over the long-term cost of the program and its impact on water and sewer rates, and suggested that the entire City Council review both the FY 15 recommendations and the long-term plan options. For the ongoing plan funding, the conversation ended with a debate over whether the needed water and sewer infrastructure improvements would be funded by rates on a pay-as-you-basis vs. issuing debt. There are pros and cons for each option, which can be fully discussed as part of the FY 15 budget proposal. In general: 1) Pay-as-you-go a. Pros i. Allows us to quit the program and its payments at anytime. If there’s a year where the City Council decides the City or the residents can’t afford to pay for improvements, we stop. ii. No money spent on interest. Theoretically, we maintain enough water, sewer, and pavement infrastructure that we should be replacing significant portions of each type of infrastructure each year. For example, we have 82 miles of City- maintained pavement in the City, all of various ages. The average lifespan of a roadway is 20 years which means on average we should be replacing or rehabilitating 4 miles of roadway each year. As you can see in the Public Works materials, most of our roads are in good condition because they have been built in the past 10 years. So, there might be slightly fewer lane miles to work on now than in 10 years from now. This constant demand for replacement and rehabilitation might lead us into a position of not wanting to borrow to pay for any of these projects, because the interest costs on borrowing are needed each year for other projects. b. Cons i. Might be totally impractical if the needed roadway improvements in any given year are very expensive. If we had 20 miles of roads that need to be repaved in 2015, the City taxes and fees needed to pay for this project would be shockingly high. Memorandum To: City Council From: Bart Olson, City Administrator CC: Date: January 23, 2014 Subject: Road to Better Roads ii. Equity for taxpayers. When the City bonds for a roadway, residents will pay for it during its lifespan. So, if someone moves to Yorkville next year when a road project is bonded and lives here for 20 years, they are paying each year to drive on the specific roadway. Funding a project via pay-as-you-go means each resident pays for the entire project in the first year while the project is completed. If someone moves here next year, they pay for the entire lifespan of the project, even if they move out next year. 2) Bonding a. Pros i. Planned expenses. When the City issues a bond, we get a debt service schedule which gives us long term fixed payments that can be structured to our liking. In past bond issuances, City Councils have issued bonds that have low immediate payments, which allowed the City to push off larger payments into the future when (theoretically) the City will better be able to afford the payments. ii. Large amounts of projects can be completed immediately and the fiscal impact is spread out. This is a con for pay-as-you-go. There might be years where the City has a multi-million dollar project that is impractical to pay for all at once. iii. Equity for taxpayers. If a resident lives here during the lifespan of the project, they will pay for the project. b. Cons i. Interest payments. The City Council relied heavily on bonds in the past, and we are now paying large amounts of interest throughout all departments that could be better spent on operations or capital projects. In FY 14 alone, we will be spending $1.5m on interest payments between the debt service fund, vehicle and equipment fund, water fund, sewer fund, and library debt fund. The majority of the interest payments are in the sewer fund ($658,000) and the water fund ($457,000). In the past decade, the City has spent $7,500,000 on interest payments. The majority of the interest payments are in the sewer fund ($2,361,952) and the water fund ($3,346,078). ii. Commitment. Once the bond has been issued, the debt service payments must be made. As we’ve seen in the Rob Roy sewer debt, this can be a difficult to pay for depending on the structure of the debt schedule. Recommendation Staff recommends direction be given on the FY 15 plan as recommended by the Public Works Committee, and seeks discussion on the FY 16 through FY 19 plan. Summary Review of two different proposals for the Road to Better Roads 5-year plan. Background This item was last reviewed at the September Public Works Committee meeting. At that meeting, the Public Works Committee reviewed the attached map of roadway and utility improvements. For Summer 2014 (FY 15), the City had tentatively endorsed a plan to complete: 1) Morgan Street from W Fox Rd to Dolph Ct, with water, sanitary sewer, and storm sewer improvements 2) Adrian Street from Blaine St to W Washington St with water, sanitary sewer, and storm sewer improvements 3) W Ridge St from its western terminus to S Main St with water and sanitary sewer improvements 4) Heustis Street from E Orange St to E Fox Rd with water and sanitary sewer improvements 5) W Van Emmon between State St and S Main St 6) W Hydraulic from its western terminus to Morgan St 7) Various other storm sewer improvements adjacent to the areas above At the September Public Works Committee meeting, the one variable on the above list was that we knew the cost was far beyond our original budget amounts for the Road to Better Roads program. When the program was created, we had expected to spend about $1,000,000 per year in total infrastructure improvements. The items above have a total FY 15 estimated value of around $2,100,000 1 . At the time of FY 14 budget approval, we inserted these costs into the FY 15 budget without a way to pay for them. The intent was for the City to evaluate its ability to pay for these projects during the FY 15 budget proposal, since the FY 13 audit would be completed and the FY 14 numbers would be more concrete. In order to do $2,100,000 worth of Road to Better Roads projects, the City’s general fund would have to take a major hit, water rates would have to go up more than 40%, and sewer rates would have to go up more than 15% from FY 14 to FY 15. That would bring the water rates to $18 bi-monthly plus $3.68 per 100 cubic feet and the sewer fees to $20.74 bi-monthly. Purely as an illustration, we have attached a survey of surrounding municipalities and where these fees would rank us (labeled as $2.1m RTBR option). Since the increase would be very steep and would put us at the top of the survey, we are 1 $900,000 in pavement and storm sewer costs, spread between MFT and City-wide Capital; $845,000 in the Water Department; $343,000 in the Sewer Department Memorandum To: City Council From: Bart Olson, City Administrator CC: Date: January 15, 2014 Subject: Road to Better Roads, 5-year plan update proposing to scale back the FY 15 Road to Better Roads budget to $1.153m 2 . This results in a more manageable increase in the water and sewer fees. Within the pared back budget proposal, we would suggest dropping Morgan Street improvements entirely, State Street pavement rehab, Heustis St sanitary sewer improvements and Adrian Street sanitary sewer improvements. The resulting program would be: 1) W Hydraulic from its western terminus to Morgan St 2) Adrian Street from Blaine St to W Washington St with water and storm sewer improvements 3) Heustis Street from E Orange St to E Fox Rd with water improvements 4) State Street sanitary sewer improvements 5) Miscellaneous sanitary sewer improvements In order to fund these improvements, the City’s annual water sales would have to increase 15% and the sewer maintenance fees would have to increase 3% in FY 15. This would put increase the water rates from $13.11 bi-monthly minimum plus $2.38 per 100 cubic feet to $14.00 bi-monthly minimum plus $2.97 per 100 cubic feet. The sewer rates would have to be increased from $18 bi-monthly to $18.54 bi- monthly. As mentioned above, we have attached a survey of surrounding municipalities. The FY 15 budget proposal is labeled as such. FY 16 and FY 17 Road to Better Roads program While not necessary to finalize in the FY 15 budget, we do need to make some decisions on the FY 16 and FY 17 program in the near future. Specifically, the conversation revolves around the two choices put forth by Public Works and Engineering – one that completes the five-year Road to Better Roads program on its current schedule, or the second that basically inserts East Kendall, West Kendall and Center Parkway as the only road improvements in FY 16 and FY 17. The road rating and the amount of water main breaks on East and West Kendall warrant them to be the next roads completed, however the cost of the improvements are so great we would only be able to do those two roadways for two fiscal years (which means the entire City road system continues to deteriorate). East Kendall’s pavement costs are only $311,000 but the water improvements are $787,000. Center Parkway’s pavement costs are only $260,000 but the water improvements are $718,000. West Kendall’s pavement costs are $700,000 and the water improvements are $1,450,000. Further, while we show these projects as split between two fiscal years, they should be completed simultaneously to achieve the best possible economies of scale. As we’ve stated above in our brief analysis of water and sewer rates, funding these projects with a water rate increase would cause the City’s water rate to increase dramatically. The City could wrap these costs into a bond and pay for them incrementally over a 20-year period, but we have not recommended that given the large amount of capital projects that still must be completed within that 20- year period. To reiterate – no decision is necessary at this time on the plan for FY 16 or FY 17. Recommendation Staff recommends formal direction be given on the FY 15 Road to Better Roads program and discussion on the FY 16 and FY 17 program. 2 $600,000 in pavement and storm sewer costs, spread between MFT and City-wide Capital; $353,000 in the Water Department; $200,000 in the Sewer Department $2 0 0 $3 0 0 $4 0 0 $5 0 0 $6 0 0 $7 0 0 $8 0 0 An n u a l Wa t e r Ra t e Co m p a r i s o n YB S D Ex c l u d e d $‐ $1 0 0 $2 0 0 $3 0 0 $4 0 0 $5 0 0 $6 0 0 $7 0 0 $8 0 0 An n u a l Wa t e r Ra t e Co m p a r i s o n YB S D Ex c l u d e d $6 0 0 $8 0 0 $1 , 0 0 0 $1 , 2 0 0 $1 , 4 0 0 An n u a l Se w e r , Wa t e r , Ga r b a g e , an d Ve h i c l e St i c k e r Co s t ‐ YB S D Ex c l u d e d $0 $2 0 0 $4 0 0 $6 0 0 $8 0 0 $1 , 0 0 0 $1 , 2 0 0 $1 , 4 0 0 An n u a l Se w e r , Wa t e r , Ga r b a g e , an d Ve h i c l e St i c k e r Co s t ‐ YB S D Ex c l u d e d $2 0 0 $4 0 0 $6 0 0 $8 0 0 $1 , 0 0 0 $1 , 2 0 0 $1 , 4 0 0 An n u a l Se w e r an d Wa t e r Co s t YB S D Ex c l u d e d $0 $2 0 0 $4 0 0 $6 0 0 $8 0 0 $1 , 0 0 0 $1 , 2 0 0 $1 , 4 0 0 An n u a l Se w e r an d Wa t e r Co s t YB S D Ex c l u d e d $6 0 0 $8 0 0 $1 , 0 0 0 $1 , 2 0 0 $1 , 4 0 0 An n u a l To t a l Co s t Se w e r an d Wa t e r YB S D In c l u d e d $0 $2 0 0 $4 0 0 $6 0 0 $8 0 0 $1 , 0 0 0 $1 , 2 0 0 $1 , 4 0 0 An n u a l To t a l Co s t Se w e r an d Wa t e r YB S D In c l u d e d $0 $2 0 0 $4 0 0 $6 0 0 $8 0 0 $1 , 0 0 0 $1 , 2 0 0 $1 , 4 0 0 $1 , 6 0 0 An n u a l To t a l Co s t (W a t e r , Se w e r , Ve h i c l e , an d Ga r b a g e ) YB S D In c l u d e d $0 $2 0 0 $4 0 0 $6 0 0 $8 0 0 $1 , 0 0 0 $1 , 2 0 0 $1 , 4 0 0 $1 , 6 0 0 An n u a l To t a l Co s t (W a t e r , Se w e r , Ve h i c l e , an d Ga r b a g e ) YB S D In c l u d e d ROAD TO BETTER ROADS AND UNDERGROUND IMPROVEMENT PROJECTS DRAFT PROGRAM - PROJECT COSTS UNITED CITY OF YORKVILLE KENDALL COUNTY, IL FY2015 No.STREETNON-MFTSTORM SEWERMFTWATER MAINSANITARY SEWERTOTAL 1HYDRAULIC AVENUE-$ -$ 73,000.00$ -$ -$ 73,000.00$ 2ADRIAN STREET-$ 8,000.00$ 139,000.00$ 116,000.00$ -$ 263,000.00$ 3HEUSTIS STREET305,000.00$ 75,000.00$ -$ 237,000.00$ 617,000.00$ 4STATE STREET-$ -$ -$ -$ 175,000.00$ 175,000.00$ 5MISC. LOCATIONS-$ -$ -$ -$ 25,000.00$ 25,000.00$ SUB-TOTAL 305,000.00$ 83,000.00$ 212,000.00$ 353,000.00$ 200,000.00$ 1,153,000.00$ ROADWAY TOTAL600,000.00$ FY2016 No.STREETNON-MFTSTORM SEWERMFTWATER MAINSANITARY SEWERTOTAL 1VAN EMMON STREET24,000.00$ -$ -$ -$ -$ 24,000.00$ 2RIDGE STREET149,000.00$ 60,000.00$ 368,600.00$ 577,600.00$ 3WASHINGTON STREET116,000.00$ -$ -$ -$ -$ 116,000.00$ 4MORGAN STREET-$ -$ 84,000.00$ -$ -$ 84,000.00$ 5STATE STREET-$ -$ 224,000.00$ -$ -$ 224,000.00$ 6MISC. LOCATIONS-$ -$ -$ -$ 200,000.00$ 200,000.00$ SUB-TOTAL 289,000.00$ 60,000.00$ 308,000.00$ 368,600.00$ 200,000.00$ 1,225,600.00$ ROADWAY TOTAL657,000.00$ FY2017 No.STREETNON-MFTSTORM SEWERMFTWATER MAINSANITARY SEWERTOTAL 1KING STREET115,000.00$ 30,000.00$ -$ -$ -$ 145,000.00$ 2CHURCH STREET153,000.00$ 30,000.00$ -$ -$ -$ 183,000.00$ 3SANDERS COURT-$ -$ 77,000.00$ -$ -$ 77,000.00$ 4APPLETREE COURT-$ -$ 54,000.00$ 164,000.00$ -$ 218,000.00$ 5DIEHL FARM ROAD-$ -$ 130,000.00$ -$ -$ 130,000.00$ 6MISC. LOCATIONS-$ -$ -$ -$ 200,000.00$ 200,000.00$ SUB-TOTAL 268,000.00$ 60,000.00$ 261,000.00$ 164,000.00$ 200,000.00$ 953,000.00$ ROADWAY TOTAL589,000.00$ FY2018 No.STREETNON-MFTSTORM SEWERMFTWATER MAINSANITARY SEWERTOTAL 1W. WASHINGTON STREET184,000.00$ -$ -$ -$ -$ 184,000.00$ 2E. WASHINGTON STREET-$ -$ 83,000.00$ -$ -$ 83,000.00$ 3W. FOX STREET81,000.00$ -$ -$ -$ -$ 81,000.00$ 4E. ORANGE STREET-$ -$ 72,000.00$ -$ -$ 72,000.00$ 5MISC. LOCATIONS-$ -$ -$ -$ 200,000.00$ 200,000.00$ SUB-TOTAL 265,000.00$ -$ 155,000.00$ -$ 200,000.00$ 620,000.00$ ROADWAY TOTAL420,000.00$ FY2019 No.STREETNON-MFTSTORM SEWERMFTWATER MAINSANITARY SEWERTOTAL 1E. SPRING STREET287,000.00$ -$ 104,000.00$ -$ -$ 391,000.00$ 2MISC. LOCATIONS-$ -$ -$ -$ 200,000.00$ 200,000.00$ SUB-TOTAL 287,000.00$ -$ 104,000.00$ -$ 200,000.00$ 591,000.00$ ROADWAY TOTAL391,000.00$ Olson\My Documents\3 Public Works Committee agenda items\1 Jan 2014\[RTBR Summary FY15-19.xlsx]SUMMARY-CITY VERSION NOTE: VALUES INCLUDE CONTINGENCY AND ENGINEERING NOT INCLUDED CENTER PARKWAY260,000.00$ -$ -$ 718,400.00$ -$ 978,400.00$ CONOVER COURT78,000.00$ -$ -$ 295,000.00$ -$ 373,000.00$ POWERS COURT48,000.00$ -$ -$ 167,000.00$ -$ 215,000.00$ ROADWAY ROADWAY ROADWAY ROADWAY ROADWAY ROAD TO BETTER ROADS AND UNDERGROUND IMPROVEMENT PROJECTS DRAFT PROGRAM - PROJECT COSTS UNITED CITY OF YORKVILLE KENDALL COUNTY, IL FY2015 No.STREETNON-MFTSTORM SEWERMFTWATER MAINSANITARY SEWERTOTAL 1HYDRAULIC AVENUE-$ -$ 73,000.00$ -$ -$ 73,000.00$ 2ADRIAN STREET-$ 8,000.00$ 139,000.00$ 116,000.00$ -$ 263,000.00$ 3HEUSTIS STREET305,000.00$ 75,000.00$ -$ 237,000.00$ 617,000.00$ 4STATE STREET-$ -$ -$ -$ 175,000.00$ 175,000.00$ 5MISC. LOCATIONS-$ -$ -$ -$ 25,000.00$ 25,000.00$ SUB-TOTAL 305,000.00$ 83,000.00$ 212,000.00$ 353,000.00$ 200,000.00$ 1,153,000.00$ ROADWAY TOTAL600,000.00$ FY2016 No.STREETNON-MFTSTORM SEWERMFTWATER MAINSANITARY SEWERTOTAL 1E. KENDALL311,000.00$ -$ -$ 787,200.00$ -$ 1,098,200.00$ 2CENTER PARKWAY260,000.00$ -$ -$ 718,400.00$ -$ 978,400.00$ 3MISC. LOCATIONS-$ -$ -$ -$ 200,000.00$ 200,000.00$ SUB-TOTAL 571,000.00$ -$ -$ 1,505,600.00$ 200,000.00$ 2,276,600.00$ ROADWAY TOTAL571,000.00$ FY2017 No.STREETNON-MFTSTORM SEWERMFTWATER MAINSANITARY SEWERTOTAL 1W. KENDALL694,000.00$ -$ -$ 1,452,900.00$ -$ 2,146,900.00$ 2MISC. LOCATIONS-$ -$ -$ -$ 200,000.00$ 200,000.00$ SUB-TOTAL 694,000.00$ -$ -$ 1,452,900.00$ 200,000.00$ 2,346,900.00$ ROADWAY TOTAL694,000.00$ FY2018 No.STREETNON-MFTSTORM SEWERMFTWATER MAINSANITARY SEWERTOTAL 1CONOVER COURT78,000.00$ -$ -$ 295,000.00$ -$ 373,000.00$ 2POWERS COURT48,000.00$ -$ -$ 167,000.00$ -$ 215,000.00$ 3VAN EMMON STREET-$ -$ 24,000.00$ -$ -$ 24,000.00$ 4WASHINGTON STREET-$ -$ 116,000.00$ -$ -$ 116,000.00$ 5MORGAN STREET-$ -$ 84,000.00$ -$ -$ 84,000.00$ 6MISC. LOCATIONS-$ -$ -$ -$ 200,000.00$ 200,000.00$ SUB-TOTAL 126,000.00$ -$ 224,000.00$ 462,000.00$ 200,000.00$ 1,012,000.00$ ROADWAY TOTAL350,000.00$ FY2019 No.STREETNON-MFTSTORM SEWERMFTWATER MAINSANITARY SEWERTOTAL 1RIDGE STREET149,000.00$ 60,000.00$ 368,600.00$ 577,600.00$ 2STATE STREET224,000.00$ -$ -$ -$ -$ 224,000.00$ 3MISC. LOCATIONS-$ -$ -$ -$ 200,000.00$ 200,000.00$ SUB-TOTAL 373,000.00$ 60,000.00$ -$ 368,600.00$ 200,000.00$ 1,001,600.00$ ROADWAY TOTAL433,000.00$ FY2020 No.STREETNON-MFTSTORM SEWERMFTWATER MAINSANITARY SEWERTOTAL 1KING STREET115,000.00$ 30,000.00$ -$ -$ -$ 145,000.00$ 2CHURCH STREET153,000.00$ 30,000.00$ -$ -$ -$ 183,000.00$ 3SANDERS COURT77,000.00$ -$ -$ -$ -$ 77,000.00$ 4MISC. LOCATIONS-$ -$ -$ -$ 200,000.00$ 200,000.00$ SUB-TOTAL 345,000.00$ 60,000.00$ -$ -$ 200,000.00$ 605,000.00$ ROADWAY TOTAL405,000.00$ FY2021 No.STREETNON-MFTSTORM SEWERMFTWATER MAINSANITARY SEWERTOTAL 1W. WASHINGTON STREET184,000.00$ -$ -$ -$ -$ 184,000.00$ 2E. WASHINGTON STREET83,000.00$ -$ -$ -$ -$ 83,000.00$ 3W. FOX STREET81,000.00$ -$ -$ -$ -$ 81,000.00$ 4E. ORANGE STREET72,000.00$ -$ -$ -$ -$ 72,000.00$ 5MISC. LOCATIONS-$ -$ -$ -$ 200,000.00$ 200,000.00$ SUB-TOTAL 420,000.00$ -$ -$ -$ 200,000.00$ 620,000.00$ ROADWAY TOTAL420,000.00$ FY2022 No.STREETNON-MFTSTORM SEWERMFTWATER MAINSANITARY SEWERTOTAL 1E. SPRING STREET391,000.00$ -$ -$ -$ -$ 391,000.00$ 2MISC. LOCATIONS-$ -$ -$ -$ 200,000.00$ 200,000.00$ SUB-TOTAL 391,000.00$ -$ -$ -$ 200,000.00$ 591,000.00$ ROADWAY TOTAL391,000.00$ FY2023 No.STREETNON-MFTSTORM SEWERMFTWATER MAINSANITARY SEWERTOTAL 1DIEHL FARM ROAD130,000.00$ -$ -$ -$ -$ 130,000.00$ 2APPLETREE COURT54,000.00$ -$ -$ 164,000.00$ -$ 218,000.00$ 3MISC. LOCATIONS-$ -$ -$ -$ 200,000.00$ 200,000.00$ SUB-TOTAL 184,000.00$ -$ -$ 164,000.00$ 200,000.00$ 548,000.00$ ROADWAY TOTAL184,000.00$ \BOlson\My Documents\3 Public Works Committee agenda items\1 Jan 2014\[RTBR Summary FY15-19.xlsx]SUMMARY-CITY VERSION NOTE: VALUES INCLUDE CONTINGENCY AND ENGINEERING ROADWAY ROADWAY ROADWAY ROADWAY ROADWAY ROADWAY ROADWAY ROADWAY ROADWAY Items to note – Capital Projects, Road to Better Roads The City Council’s main focus for capital projects has been pavement rehabilitation via the Road to Better Roads program. In summer 2013, the first year of the Road to Better Roads program resulted in a $1.035 million total investment in roadway projects ($835,000 in pavement improvements and $200,000 in watermain improvements). The annual funding goal last set by the City Council in the FY 14 budget process was $1 million, even though we had benchmarked an annual investment of $2 million in pavement improvements to keep our road system from deteriorating over the next five years. During our FY 14 budget discussions, we finished our analysis on the cost of underground improvements for the roadways selected as part of our pavement-only analysis. As you may recall, in most years the cost of the underground improvements exceeded the annual cost of the pavement improvements. Late in the budget process, the decision was made to include the cost of the underground improvements and to reevaluate our ability to pay for those underground improvements in the FY 15 budget proposal. A discussion on the FY 15 Road to Better Roads program is attached to this memo; these materials were included in the January 2014 Public Works Committee meeting packet. At that meeting, the Public Works Committee had directed the FY 15 Road to Better Roads program discussion to the January 28, 2014 City Council meeting. Thus, certain references to the FY 15 Road to Better Roads program within this budget proposal may be outdated by the time the FY 15 budget is approved by the City Council in March or April 2014. In order to properly consider the FY 15 and beyond Road to Better Roads program, it is important to revisit the basic information provided by the City’s pavement management program report, as completed by EEI in February 2013: 1) The City has 107 center line miles of roadway in the City. Out of 107 miles, 25 miles are in subdivisions that the City has not yet accepted or that were not included in the study. 2) The City’s combined roadway score in February 2013 was 82. Score descriptions are: a. 100 – 90 Excellent. i. No rehabilitation is required at this time. ii. Roadways typically age from 100 to 90 within the first year after their completion. b. 89 – 80 Very Good. i. Typically, these roadways function efficiently however, minor preventative maintenance, such as patching or crack sealing ($1/lf), may be required. ii. Roadways typically age from 89 to 80 from year 1 to year 3. c. 79 – 70 Good. i. To help prevent major structural damage, preventative maintenance methods such as crack sealing ($1/lf) and patching ($5/sf) should be provided to extend the pavement life. ii. Roadways typically age from 79 to 70 from year 3 to year 6. d. 69 – 60 Fair. i. Typically, pavements in this category can be affordably resurfaced ($3 to $5/sf) to raise the Rank to acceptable levels. Note: resurfacing a roadway does not always mean the Rank will be raised to 100 since only one category will have the Rank improved. In order to achieve a Ranking of 100 a complete reconstruct of the roadway would be required. ii. Roadways typically age from 69 to 60 from year 6 to year 13. e. 59 – 40 Poor. i. These roadways are also in more need of resurfacing ($4 to $8/sf), and typically cost more to repair than roadways ranked "Fair". ii. Roadways typically age from 59 to 40 from year 13 to year 18. f. 40 – 10 Very Poor. i. These pavements range in Rank from 10 to 40. These roadways exhibit high distress levels, and standard overlays may not correct the problems. $8 to $15/sf. ii. Roadways typically age from 40 to 10 from year 18 to year 23. 3) The breakdown of each ranking category for all 82 miles of accepted roadways are as follows: 4) In order to keep the City’s roadway score at 82 between 2013 and 2018, the City was to spend $2.1m on pavement improvements each year. When the City decided it could only allocate $1m annually for pavement improvements, we expected the roadway score to drop to 79 by 2018. With the current proposal to further reduce the pavement improvement budget, we expect the City’s roadway score to drop to around 76 or 77 by 2018. However, that score would not include the newly improved Cannonball Trail, Game Farm Road, Somonauk Road, and Kennedy Road adjacent to Autumn Creek. The following scenarios were presented as part of the Pavement Management Study discussion in February 2013. 5) Finally, the conversation on how to fund the Road to Better Roads program at various funding levels was also discussed in FY 14. Given the breakdown of lane miles per ranking category discussed in #3 above, that the City has 107 miles of roadway on full buildout, and the average lifespan of a roadway is 20 years, we concluded that the City will need to address miles of roadway maintenance each year. Skipping a year on maintenance only pushes those costs to a future year, and into a potentially much higher cost bracket. While the tendency may be to issue a bond for rehabilitation projects, the reality is that the interest spent in the first few years of debt service payments rivals the principal amounts and the interest spent in the years after the project completed could be allocated to more maintenance projects. The point was raised at the January Public Works Committee that a bond could be authorized by referendum, which would result in payment via property taxes which may be tax deductible. This benefit should be weighed against the additional incremental interest costs. How do things look? Budget Surplus (Deficit) How do things look? Fund Balances Water Fund Surplus/(Deficit) Sewer Fund Surplus/(Deficit) How did things look? Consolidated Budget Surplus (Deficit) How did things look? Fund Balances FY 14 Projections Water Fund Last year’s budget – ($218,000) This year’s budget – ($295,000) Water sales are much lower than FY 13 43% projected fund balance equivalency Sewer Fund Last year’s budget – ($214,000) This year’s budget – ($202,000) 108% projected fund balance equivalency Year-by-year summary Water Fund FY 14 Projected FY 15 FY 16 FY 17 FY 18 FY 19 Total revenues, as proposed 2,503,908$ 2,839,226$ 3,153,520$ 3,399,709$ 3,398,658$ 3,402,630$ Total expenses, as proposed 2,799,270$ 3,092,081$ 3,252,932$ 3,505,343$ 3,344,345$ 3,200,866$ Surplus Deficit (295,362)$ (252,855)$ (99,412)$ (105,634)$ 54,313$ 201,764$ Fund Balance Amt 1,231,317$ 978,462$ 879,050$ 773,416$ 827,729$ 1,029,493$ Fund Balance %43%32%27%22%24%32% Water Fund – What if? FY 14 Projected FY 15 FY 16 FY 17 FY 18 FY 19 Total Total revenues, with no water rate increase 2,503,908$ 2,554,829$ 2,549,998$ 2,551,524$ 2,550,473$ 2,554,445$ 15,265,177$ Total expenses with no RTBR and no Route 71 2,799,270$ 2,739,081$ 2,752,932$ 2,805,343$ 2,844,345$ 3,100,866$ 17,041,837$ Surplus Deficit (295,362)$ (184,252)$ (202,934)$ (253,819)$ (293,872)$ (546,421)$ (1,776,660)$ Fund Balance Amt 1,231,317$ 1,047,065$ 844,131$ 590,312$ 296,440$ (249,981)$ Fund Balance %44%38%30%21%10%-8% Water Fund – What if? FY 14 Projected FY 15 FY 16 FY 17 FY 18 FY 19 Total Total revenues, with no water rate increase 2,503,908$ 2,554,829$ 2,549,998$ 2,551,524$ 2,550,473$ 2,554,445$ 15,265,177$ Total expenses, with no RTBR 2,799,270$ 2,739,081$ 2,952,932$ 3,205,343$ 3,244,345$ 3,100,866$ 18,041,837$ Surplus Deficit (295,362)$ (184,252)$ (402,934)$ (653,819)$ (693,872)$ (546,421)$ (2,776,660)$ Fund Balance Amt 1,231,317$ 1,047,065$ 644,131$ (9,688)$ (703,560)$ (1,249,981)$ Fund Balance %44%38%22%-30%-21%-40% Water Fund – What if? Other options: Debt Not advantageous to refinance, and balloon payments in FY 2020. Salary and benefits Total compensation below regional average Number of employees below regional average Operational and contractual costs Majority is fixed and/or competitively bid Water Fund – What if? Other options: Move Road to Better Roads projects around Less economical use of funds Inefficient road management program Run out of pavement only roads in 2015 Move fees around Structural imbalance in both water and sewer funds Water Fund – What if? Other options: Transfer money into water fund Violates budgeting principles Consolidated budget deficits every year Eliminate Road to Better Roads project Still have structural deficit and Route 71 watermain relocation to fund Water Fund Rate Recommendation Total water sales is important figure Three variables price x usage x customers Items impacting usage Price? Drought Conservation efforts Water Fund Rate Recommendation If water usage is equal to FY 14 projections each year through FY 19 Rates must go up 15% per year in FY 15, FY 16, and FY 17 Rates would be 0% per year in FY 18 and FY 19  FY 14 was a drought year, resulting in lower usage than normal More likely scenario is usage will increase moderately, resulting in modest annual total revenue increases Water Fund Rate Recommendation Current rate: $13.11 bi-monthly up to 350 cubic feet $2.38 per 100 cubic feet thereafter FY 15 recommendation: $14 bi-monthly up to 350 cubic feet $2.97 per 100 cubic feet thereafter For average user, results in $10 increase per bi- monthly billing cycle per month ($60 annual) For minimum user, results in $1.78 per bi- monthly billing cycle per month ($11 annual) Water Fund Rate Recommendation Last water rate schedule passed 5 years ago, and included inflationary increases for 5 years Specific recommendation is to adopt a FY 15 rate Year-by-year summary Sewer Fund FY 14 Projected FY 15 FY 16 FY 17 FY 18 FY 19 Total Total revenues as proposed 2,367,582$ 2,385,472$ 2,303,329$ 2,342,011$ 2,386,898$ 2,427,376$ 14,212,668$ Total expenses as proposed 2,569,620$ 3,222,301$ 2,713,026$ 2,735,552$ 2,767,558$ 2,797,871$ 16,805,928$ Surplus Deficit (202,038)$ (836,829)$ (409,697)$ (393,541)$ (380,660)$ (370,495)$ (2,593,260)$ Fund Balance Amt 2,791,294$ 1,954,465$ 1,544,768$ 1,151,227$ 770,567$ 400,072$ Fund Balance %108%61%57%42%28%14% No capital projects? Year-by-year summary Sewer Fund FY 14 Projected FY 15 FY 16 FY 17 FY 18 FY 19 Total Total revenues with no sewer rate increase 2,367,582$ 2,264,287$ 2,263,969$ 2,262,867$ 2,265,981$ 2,262,597$ 13,687,283$ Total expenses with no RTBR, no vactor truck 2,569,620$ 2,688,304$ 2,513,026$ 2,535,552$ 2,567,558$ 2,597,871$ 15,471,931$ Surplus Deficit (202,038)$ (424,017)$ (249,057)$ (272,685)$ (301,577)$ (335,274)$ (1,784,648)$ Fund Balance Amt 2,791,294$ 2,367,277$ 2,118,220$ 1,845,535$ 1,543,958$ 1,208,684$ Fund Balance %108%88%84%73%60%47% Vactor truck is 10 years old Maintenance costs increasing each year Total breakdown result in disadvantageous outsourced costs Road to Better Roads projects State Street sewer backups Inflow and infiltration must be addressed before YBSD hits plant capacity (25,000 residents) Year-by-year summary Sewer Fund Capital projects, but no rate increase? Year-by-year summary Sewer Fund FY 14 Projected FY 15 FY 16 FY 17 FY 18 FY 19 Total Total revenues with no sewer rate increase 2,367,582$ 2,264,287$ 2,263,969$ 2,262,867$ 2,265,981$ 2,262,597$ 13,687,283$ Total expenses with RTBR and vactor truck 2,569,620$ 3,222,301$ 2,713,026$ 2,735,552$ 2,767,558$ 2,797,871$ 16,805,928$ Surplus Deficit (202,038)$ (958,014)$ (449,057)$ (472,685)$ (501,577)$ (535,274)$ (3,118,645)$ Fund Balance Amt 2,791,294$ 1,833,280$ 1,384,223$ 911,538$ 409,961$ (125,313)$ Fund Balance %108%57%51%33%15%-4% Year-by-year summary Sewer Fund Sewer Fund Rate Recommendation Total sewer maintenance fees is important figure Only two variables – price x customers No usage variable Results in relatively predictable revenue stream Sewer Fund Rate Recommendation Current rate - $18.00 bi-monthly Proposed rate - $18.54 bi-monthly 3% increase $3.24 annual increase Current rate has not been increased since 1998 FY 16 through FY 19 Recommended 3% annual-inflationary increase Budget has conservative customer growth estimates