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Public Works Minutes 2011 02-15-11 APPROVED W/ CORRECTIONS 3/15/11 UNITED CITY OF YORKVILLE 800 Game Farm Road Yorkville, IL 60560 PUBLIC WORKS COMMITTEE MEETING City Hall, Conference Room Tuesday, February 15, 2011 – 6:30 P.M. COMMITTEE MEMBERS PRESENT : Alderman Plocher Alderman Gilson Alderman Teeling OTHERS CITY OFFICIALS PRESENT Joe Wywrot - City Engineer Eric Dhuse – Public Works Director Rob Frederickson – Finance Director Members of the Public Present: Nick Orf, Strand & Associates Mike Waldron, Strand & Associates Barton Jones, Strand & Associates This meeting was called to order at 6:30pm. The minutes for the January 18, 2011, meetings were unanimously approved. Citizen Comments: There were no citizen comments. Presentation: “Creating a Storm Water Utility” by Strand & Associates Three members of Strand & Associates were present to introduce their firm and explain the services they provide. In addition to working with municipalities on engineering, they also work to create Storm Water Utilities. Historically, storm water management has been funded out of the general tax fund competing against fire, police, and other municipal services. Water Quality Base requirements are being changed in the near future at the behest of the federal government, creating an potential financial burden on municipalities. Storm Water Utility is a methodology to finance storm water management needs by charging service fees to fund the storm water management requirements of the federal government. The utility provides a dedicated funding source, relieving the burden on the general fund. Currently, there are only a few utilities in the State of Illinois, though more communities are considering them. Because this is a service fee, the municipality has the ability to change the fee based upon the needs of the community. The rate will be revenue sufficient, technically and legally defensible, equitably distributable and publicly acceptable. Implementation of the program will be 1 dependent on degree of prior storm water programs, organizational structure, staff knowledge of storm water requirements and the type of data regarding storm water needs. Following the presentation, Strand & Associates offered to come before the Council with an even more detailed presentation at any time in the future. New Business: 1. PW 2011 – 08 Raging Waves – Letter of Credit Expiration Coamerica Bank has provided noticed that Letter of Credit #628335-04, for the amount of $428,925.01, will expire May 1, 2011. The LOC guarantees the completion of site work with the exception of landscaping and street lighting. Staff staff is recommending the letter be called prior to April 15, 2011. Engineer Wyrot requested that this item be removed from the agenda as staff had received the renewal from the developer prior to tonight’s meeting. 2. PW 2011 – 09 Stagecoach Crossing (Saravanos Development) – Letter of Credit Expiration Notice from First Midwest Bank, dated January 31, 2011, states that the site work letter of credit for the Saravanos development will expire June 13, 2011. This letter of credit, in the amount of $193,573.88, guarantees satisfactory completion of all land improvements for this development with the exception of earthwork and Route 47 improvements. Staff recommends that the City Council authorize the City Clerk call the letter of credit if it not renewed prior to May 20, 2011. The committee recommended the item be placed on the Consent agenda. 3. PW 2011 – 10 Route 47 & Cannonball Trail Intersection – Engineering Agreements Staff is recommending approval of two proposed engineering agreements with HR Green, Inc. for the Route 47/Cannonball Trail intersection improvement. The intersection improvement is required by IDOT Highway Permit #3-10399-07, which was issued to the City but is related to the Kendall Marketplace development. The original developer has lost the property, and it is now the City’s obligation to complete the work covered by the highway permit. 2 The first agreement finalizes the engineering plans and prepares contract documents that will allow us to seek bids from contractors. Work performed under this agreement is to be paid on a time and material basis, not to exceed, $16,060.45. The second agreement is to provide construction inspection services. This work includes constructing, staking, observation, material testing, preparing payouts and change orders, and preparation of record drawings. Work performed under this agreement is to be paid on a time and material basis, not to exceed $80,894.00. Funds have been set aside to complete the work covered by the IDOT permit in the amount of $2,000,000. The current cost estimates to perform the various tasks are: Finalize Plans: $ 16,060.45 Construction Observations: $ 80,894.00 Construction: $ 917,809.22 ROW Acquisition: unknown Utility Relocation: $ 119,909.32 TOTAL $1,134,672.99+ The committee recommended this item be forwarded for the Consent Agenda. 4. PW 2011 – 11 North McDonald’s – Temporary Easement Staff is recommending approval of a proposed temporary easement for the McDonald’s restaurant at 3 West Route 34. The easement is needed for water main construction to be performed as part of IDOT’s Route 47 widening project. The new water main would be constructed along the south side of Route 34, and the existing water main on the north side would be abandoned. The existing cast- iron water main will be abandoned after the IDOT project is completed requiring a new 1.5” diameter water service that will connect to an existing water main along McDonald’s east property line. Though there already 10-foot wide utility easements along the east and south side of the McDonald’s property, construction of the new water service requires temporary easement. The cost of constructing the new water service would be borne by the city. The committee recommended this item be forwarded for Consent agenda. 5. 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 3 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 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. Alderman Gilson expressed concerned about the No Further Remediation Letter that will be issued to the property owner. Engineer Wyrot stated that the letter will state that no further remediation will be required, it is clean enough for the property to be developed without concern about environmental issues. Alderman Gilson wondered what would happen if the City does not enter into the agreement. 4 The state would not issue the letter, and thereby, the property would not be developed. The property owner would then have to clean it up, at considerable cost, or ignore it, without redeveloping it. Over time, the pollutants in the right-of- way will go away, thereby solving the problem. Chair Plocher requested clarification of ownership of the property. Staff responded that it is owned by an estate and the beneficiaries are wanting to sell the property. If the property is remediated, and sold, it could be redeveloped, thereby improving the overall look and value of the property. For the record, Alderman Gilson is against the agreement. Alderman Teeling wanted to know if the contaminates would spread and was assured that it would be extremely unlikely. Chair Plocher requested that this item be tabled until next month so that the Committee members can further review the item. 6. PW 2011 – 13 Rush-Copley Freestanding Emergency Center – IDOT Highway Permit Staff is recommending authorization and approval of the proposed IDOT highway permit application and corresponding resolution for construction of a new entrance to Route 34 approximately 1000 feet west of Beecher Road. The entrance is for Rush-Copley’s proposed Freestanding Emergency Center (FEC). Construction of the entrance requires the widening of Route 34 to provide a westbound left-turn lane into the FEC. The entrance would not be signalized nor would it allow vehicles leaving the FEC to make a left turn onto Route 34. Persons leaving the FEC that want to go west on Route 34 would be able to do so via Beecher Road. IDOT requires the municipality to be the applicant for all work in their right-of- way. They also require a resolution from the City to guarantee that the work will be performed properly. We in turn will require Rush-Copley to provide insurance and a bond guaranteeing that they will perform the work and satisfy IDOT’s requirements. The committee agreed to forward this item to the Consent Agenda. 7. PW 2011 – 14 CMAQ Grant Application – Review of Potential Projects Staff is seeking recommendations for FY 2012-2016 grant application project candidates. Upon review of potential City project, staff has identified two potential projects that could be funded. One project is along Route 71, and the other is across from Kendall Marketplace. In the past, CMAQ called for projects every year, however, it is anticipated this year will be the last year for another 5 years. Chair Plocher wondered if this was a fully funded grant. Staff responded that the CMAQ funds 80%. Alderman Gilson stated that he felt there were other things within the City that matching money could be used for instead one of these projects. Alderman Teeling clarified that if we do receive the grant 5 we wouldn’t necessarily have to complete the project. Alderman Gilson stated that is true but it reflects negatively on the City and their future grant prospects. Alderman Teeling feels that the item should be forwarded to the Council for further discussion. Old Business Additional Business There be no further business, the Committee adjourned at 7:27pm. Minutes Respectfully Submitted by: Kristia RM Leyendecker Minute Taker 6