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Public Works Minutes 2011 03-15-11 APPROVED 4/19/11 UNITED CITY OF YORKVILLE 800 Game Farm Road Yorkville, IL 60560 PUBLIC WORKS COMMITTEE MEETING City Hall, Conference Room Tuesday, March 15, 2011 – 6:30 P.M. COMMITTEE MEMBERS PRESENT : Alderman Plocher Alderman Gilson Alderman Teeling Alderman Munns OTHERS CITY OFFICIALS PRESENT Joe Wywrot - City Engineer Eric Dhuse – Public Works Director Dan Nicholson Members of the Public Present: Dena Ranieri, Verizon Wireless David Richmond, Resident This meeting was called to order at 6:30pm. The minutes for the February 15, 2011, meetings were unanimously approved as corrected. Alderman Gilson asked for an update for the Sarvanos development. Staff stated that they have received information regarding the expiration of the letter of credit though nothing has been done on the part of the developer to extend it. Citizen Comments: There were no citizen comments. Items Recommended for Consent Agenda: 1. PW 2011 – 13 Water Department Report for January 2011 2. PW 2011 – 14 Water Department Report for February 2011 At this time, the Committee altered the agenda. 1 Old Business 1. PW 2011 – 05 Verizon Wireless – Water Tower Lease Agreement Verizon Wireless is requesting to enter into a land lease agreement with the City for the purposes of installing a new telecommunications antenna structure and related equipment on the City’s water tower located at 3099 Lehman Crossing. Currently, the city has an existing Supervisory Control and Data Acquisition (SCADA) system antenna on the water tower and adjacent treatment facility, which transmits information to the Public Works control center. All design elements of the antenna, equipment shelter and other proposed improvements will be reviewed by the various city departments and will be required to obtain a building permit. The proposed leased agreement language is presented for Review and recommendation as rental proceeds from the lease will be allocated to the Public Works Capital fund. As proposed, Verizon Wireless will lease a yet to-be-determined area of the property for the antenna, any needed mounting structures and other related equipment, and access easement for an initial 5-year lease term with an option for up to three (3) additional 5- year terms for a total of up to 20 years. Verizon is proposing an annual lease rental rate of $21,600.00 with yearly rent increase of two percent (2%). Dena of Verizon Wireless stated the proposed changes from the City have been incorporated. The Committee approved the proposed lease agreement and recommended it be placed on the Consent Agenda. 2. PW 2011 – 12 802 South Bridge Street - Proposed Highway Authority Agreement Staff is recommending approval of an agreement granting highway authority for the former Yorkville Marathon gas station at the southeast corner of Route 47 and Orange Street. This property was the location of a leaking underground petroleum storage tank several years ago. All underground tanks and much of the contaminated soil have since been removed, but some contaminated soil remains within the Orange street right-of-way. The contaminated area is estimated to be around 500 square feet, located beneath the property’s driveway entrance to Orange Street and underneath the street. Although considerable effort has been made to clean up the site, one constituent (benzene) measured at one location exceeded the Illinois EPA’s minimum clean-up objectives. A common way to address this situation is to establish an institutional control to protect the general public from the remaining contamination. The institutional control is this proposed highway authority agreement, which is a restriction on the use of the subject area. Once an institutional control is established, the Illinois EPA can issue a No Further Remediation letter to the property owner, which essentially states that the site is free of contamination. In this agreement, the City agrees to prohibit the use of any groundwater originating within the subject area from being used as drinking water. The agreement allows for roadway work to be performed within the subject area, but the City 2 agrees to allow construction access by permit only, and require that the permittee “take all measures necessary to protect human health (including worker safety) and the environment”. While the area of contaminated soil is estimated to be located in the south half of the Orange Street right-of-way, the area subject to the highway authority agreement extends over a larger area to the north edge of the Orange Street pavement. If this agreement is approved, the City would need to issue a permit to IDOT to allow them to work within the subject area. IDOT’s Route 47 plans identify several locations where contaminated soil exists, including Orange Street. IDOT’s proposed protection measure at this location consists of limiting the depth of excavation to no more than 6 feet. Discussions with Chase Environmental, however, indicate that there are no contaminated soils in the IDOT right-of-way at this location. The information provided indicates soil contamination at a depth of 4 feet in the Orange Street right-of-way, which is still below normal roadway excavation depths. The extent of contamination, however, is below the threshold where special precautions would be needed during construction. If contaminated soil is encountered during construction, it would need to be treated as special waste and disposed of accordingly. Staff recommends approval of the agreement. David Richmond, attorney representing the property owner was present to discuss the item. He provided a background of the property and its initial ownership and use noting that the previous owner had maintained compliance with the State’s LUST Fund (Leaking Underground Storage Tank). The property is currently part of an estate that would like to sell the property to a tire business adjacent to the property and requests that the City to issue a remediation letter. Ultimately, the front of the property is going to be sold to the state of Illinois to widen Route 47. Mr. Richmond recognizes the concern the City may have, however, he sees only two options. First, if no one touches anything, it costs no one. Second, if the estate has to remediate it, that will take time for the states LUST fund to have money as well as cost the state a lot of money. If the City does nothing, the contamination will eventually go away, but it would take awhile, probably about 10 years. Alderman Gilson’s concern is that by issuing the letter of remediation, we are saying that this property is free of contamination, even though it is not. He is against this recommendation. Alderman Teeling clarified that no city utilities would exist in this area once the Route 47 widening is completed. Additionally, she clarified that the City would, in issuing a permit to dig on this property, place responsibility for any remediation reuired at a depth of 4-feet or more, on the issuee. Chair Plocher clarified that the tanks have been removed. City Engineer stated that the land is stable and the contamination probably would not spread. The consensus was tha three of the Alderman present would approve, Alderman Gilson being the dissenter, so the item was forwarded to the Council. New Business: 1. PW 2011 – 15 Traffic Signal Master Agreement 3 The proposed Traffic Signal Master Agreement with IDOT, covering the time period from July 1, 2011 to June 30, 2012, would replace the existing agreement that expires June 30, 2011. The purpose of the agreement is to establish maintenance and cost sharing responsibilities for 26 of the 30 existing traffic signals in and around Yorkville. The proposed agreement includes the following changes, the first of which is found in Part 1.F, requiring the City to obtain quotes for goods and services, valued between $10,000 and $31,300, and to go out for bid for goods and services in excess of $31,300. The second change would be to Part 4.C where language was added to allow IDOT to terminate the agreement if they find that the City is not adequately fulfilling its obligations. Third, Part 4.I to 4.N added language regarding travel expenses as well as indemnifying IDOT for any damages related to the agreement; requiring the City to comply with Equal Employment Opportunity laws; provide information regarding the City’s tax status; prohibit the City from participating in international boycotts; and comply with the Forced Labor Act. Fourth, the requirement that invoices submitted to IDOT for reimbursement be done quarterly. Fifth, Exhibit B, Section B.4 added language clarifying the maintenance requirements for L.E.D. signal head and module replacement. And, finally, Exhibit B, Section B.5, eliminates the requirement for bi- annual inspection, testing and maintenance and would instead require an annual inspection. Staff recommends acceptance of the agreement. Alderman Gilson requested a redline copy for the Council to show the changes from the original. The item was forwarded to the consent agenda. 2. PW 2011 – 16 Fox Hill and Sunflower SSA Mowing & Maintenance RFP The RFP bid opening was March 14, 2011, with ten submitters. The low bidder for the mowing was Classic Landscape LTD., of West Chicago. They were also priced less for mulch and comparable for all other maintenance items. Classic Landscape was the contractor that maintained the areas in the previous year. Staff is recommending acceptance of this bid. The item was forwarded to the consent agenda. 3. PW 2011 – 17 MFT General Maintenance Appropriation Resolution for FY 11-12 The yearly appropriation of MFT funds for general maintenance includes basic supplies such as salt, cold patch, hot patch, and street signs. This year’s amount is $234,400, down from $245,000 in the previous year due to salt pricing. Staff conservatively estimates the price of salt to avoid short falls. Any unused funds returns to the MFT as un-obligated. Staff recommends approval. The item was forwarded to the consent agenda. 4. PW 2011 – 18 Hampton Inn – Final Approval/Acceptance & Bond Recommendation The punch list have been completed, all land improvements, with the exception of water main and some sanitary sewer are to be privately owned and maintained. The developer 4 has signed the Bill of Sale, transferring the ownership of the water main and certain sanitary sewers to the city. Staff recommends that the land improvements for Hampton Inn be approved and that the public improvements be accepted by the City for ownership and maintenance. Additionally, staff recommends that Western Surety Company Bond #70706014 be reduced in accordance with Ordinance No. 2011-03. The bond reduction would be in the amount of $122,015.68. The remaining bond amount would be $8,156.10, and would remain in effect through the one-year warranty period. Staff recommends approval. This item was forwarded to the consent agenda. 5. PW 2011 – 19 8660 Kennedy Road – Purchase of Right-of-Way This property is unincorporated and extends to the centerline of Kennedy Road. The City would like to obtain a 40-foot wide parcel from the owners for future Kennedy Road improvements and also the proposed Kennedy Road trail. The owner’s will sell this ROW parcel to the City for $5,000. Related to this ROW purchase is storm sewer that Pulte is obligated to construct to drain a storm water basin in Autumn Creek. The best alignment for this sewer is along the south side of Kennedy Road, but Pulte has been unsuccessful in purchasing the ROW or obtaining easements from the owners. Consequently, the currently proposed storm sewer alignment is beneath the north half of Kennedy Road, which is previously dedicated ROW. This is a more expensive alignment; however, due to the cost of trench backfill and pavement restoration and is also disruptive due to the need to shut the road down for sewer installation and road patching. Pulte would like to work with the city to purchase the ROW parcel; however they would prefer to offer improvements to the property rather than a cash payment. However, Pulte will now pay the City $5,000. Staff recommends approval. This item was forwarded to the consent agenda. 6. PW 2011 – 20 Route 126 Relocation at Route 71 – MFT Appropriation Resolution In 2006, the City entered into a joint agreement with IDOT to fund a portion of the Route 126 relocation project at Route 71. IDOT was asked to provide street lighting, emergency vehicle pre-emption, and two water main casings for future use. The total cost to the City was estimated to be $37.950, and at the time, the City passed an MFT appropriation resolution in the amount of $19,000 to pay for street lighting, pre-emption equipment and engineering related to the overall project. In 2007, IDOT invoiced the City for water main work and a small amount of street lighting; for which water and MFT funds were utilized. The final cost to the city for the project is $53,953.56. IDOT has sent the final amount due. Additional MFT funds are needed in the amount of $12,488.56, to pay the balance of the City’s share of IDOT’s Route 126 relocation project. Staff recommends approval. Alderman Gilson wanted to know if this was figured into the current MFT budget. Engineer Wywrot said that it was not. This item was forwarded to the consent agenda. 5 7. PW 2011 – 21 Creating a Storm Water Utility - Discussion There was a presentation last month and the item was tabled until this months agenda for additional discussion. Chair Plochman thinks this is a good idea but now is not the time to be doing it. Additional Business Alderman Gilson had a request from a homeowner in Sunflower Estates that a streetsign be placed at Walsh and 71 if possible. In addition, the Saravanos property has very large and dangerous potholes that need to be addressed. Alderman Teeling clarified that if the letters of credit for this property are not renewed, could the city use this money to repair the potholes on this property. Staff verified that those monies could be used; however, it is unlikely that the letters of credit will be allowed to expire. There be no further business, the Committee adjourned at 7:20pm. Minutes Respectfully Submitted by: Kristia RM Leyendecker Minute Taker 6