R2005-154 AUTHORIZING AGREEMENT - Laserfiche WebLink

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'� ' COUNCIL COMMUNICATION FORM Engineering & Infrastructure Memorandum ' NO. 2005-65 October 20, 2005 TO: Honorable Mayor Osborne and City Council FROM: Steve Garma�; ity Manager �� Stephen Swans�n, P.E.,Director of Engineering & Infrastructure� Matthew �. Newell, P.E., City Engineer�y%�( SUBJECT: Revised Tiered Approach to Corrective-Action Objectives Agreement with Maple Investments, LLC, 1303 N. Main Street SUMMARY RECOMMENDATION: It is recommended by staff that the City Council approve the attached resolution which �' authorizes a Tiered Approach to Corrective-Action Objectives (TACO) Agreement between the City and Maple Investments, LLC, for the property located at 1303 North Main Street, and ' authorizes the Mayor to execute the Agreement and the City Clerk to attest. The resolution also repeals the original TACO Agreement authorized by the Council on January 12, 2005. BACKGROUND: The City's Department of Engineering & Infrastructure was contacted by representatives of Maple Investments, LLC about amending the current TACO Agreement to update the maps of the contamination area in conjunction with the site remediation at 1303 North Main Street. When reviewing the updated map and the TACO Agreement, it was discovered that the wrong address (1350 North Main Street) was used on the document. The City requested that the owner correct and resubmit the TACO Agreement in its entirety rather than attempt to amend it. As Council may recall, Maple Investments is currently in the midst of a remediation effort as the result of two leaking underground storage tanks on their site. The estimated impacted area is outlined on the drawings attached to the agreement. Maple Investments is coordinating its remediation work with the Illinois Environmental Protection Agency(IEPA). A TACO Agreement is one of the tools used as a means to remediate the contaminated soil and ground water present at contaminated sites. This Agreement, sometimes called a Highway Authority Agreement, enables the property owner to obtain institutional control of those properties that may be impacted by the subsurface contaminants. Institutional control places a deed restriction that prohibits the City from allowing the groundwater under the identified area to be used as a potable supply of water and will limit access into the soil by means of excavations. The current Agreement places such a restriction on a portion of the Grand Avenue right of way adjacent to their site at 1303 North Main Street. This area is delineated on a map attached to the proposed agreement. As ongoing ground water monitoring occurs, the IEPA may require Maple Investments to periodically update the contamination maps as conditions require.