Aurora, Illinois

File #: 16-00159    Version: 1 Name: Commonwealth Edison MGP 2nd Access Agreement / 330 N Broadway / RiverEdge Park
Type: Resolution Status: Passed
File created: 2/18/2016 In control: City Council
On agenda: 3/1/2016 Final action: 3/8/2016
Title: A Resolution Authorizing the Mayor and City Clerk to enter into an Access Agreement between Commonwealth Edison Company and the City of Aurora for property located at 330 N Broadway.
Attachments: 1. Exhibit A - Remediaiton and Access Agm 2016-03-08 with Exhibits.pdf, 2. Exhibit 1 - Remediaiton and Access Agm 2016-03-08 with Exhibits.pdf

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TO:                     Mayor Thomas J. Weisner

 

FROM:                     Stephane A. Phifer, Planning and Zoning Director

 

DATE:                     February 18, 2016

 

SUBJECT:

Resolution Authorizing the Mayor and City Clerk to enter into an Access Agreement between Commonwealth Edison Company and the City of Aurora for property located at 330 N Broadway (L16-00159 / AU22/2-14.344-AG - SP)

 

PURPOSE:

Attached is a resolution authorizing the execution of an access agreement with Commonwealth Edison (ComEd) to provide for their remediation of the manufactured gas plant (“MGP”) which was formerly located on land at or near the site.  ComEd has prepared and filed with the Illinois Environmental Protection Agency (IEPA) the appropriate documentation for remediation at this former Aurora Excelsior Manufactured Gas Plant site, and is ready to commence work. 

 

BACKGROUND:

City staff and our environmental consultants (CB&I) have worked with ComEd throughout the IEPA Site Remediation Program process for this site including reviewing and commenting on plans, reviewing data and coordinating  temporary access to the site.  The proposed Agreement is consistent with the Access Agreement approved by City Council in April of 2012 with Resolution R12-125 for the adjacent remediation work completed by ComEd as part of the RiverEdge Park construction.   

 

DISCUSSION:

This site is located within the boundaries of the 330 N Broadway property recently acquired by the City and immediately adjacent to RiverEdge Park.  ComEd has worked with the City to expedite their construction schedule to ensure that it does not affect the timeframe for the current demolition and restoration work on the site as well as the upcoming 2016 Event schedule.  The Scope of Work includes excavation and restoration work pursuant to this agreement and an IEPA and City approved Remedial Action Plan, with the end result being a No Further Remediation (NFR) letter for the site.  

 

IMPACT STATEMENT:

The Planning and Zoning Division would anticipate that this project will increase the City’s overall tax base and viability by facilitating investment and development in the area. 

 

RECOMMENDATIONS:

Staff recommends approval of the Resolution Authorizing the Mayor and City Clerk to enter into an Access Agreement between Commonwealth Edison Company and the City of Aurora for property located at 330 N Broadway. 

 

 

 

CITY OF AURORA, ILLINOIS

 

RESOLUTION NO. _________

DATE OF PASSAGE ________________

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A Resolution Authorizing the Mayor and City Clerk to enter into an Access Agreement between Commonwealth Edison Company and the City of Aurora for property located at 330 N Broadway.

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WHEREAS, the City of Aurora has a population of more than 25,000 persons and is, therefore, a home rule unit under subsection (a) of Section 6 of Article VII of the Illinois Constitution of 1970; and

 

WHEREAS, subject to said Section, a home rule unit may exercise any power and perform any function pertaining to its government and affairs for the protection of the public health, safety, morals, and welfare; and

 

WHEREAS, The City of Aurora is the owner of a parcel of property commonly known as 330 N. Broadway, Aurora, Illinois; and

 

WHEREAS, Commonwealth Edison Company requests permission to access said property pursuant to the Access Agreement attached hereto as Exhibit “A” for purposes of remediation of environmental contaminants found at this property, which is the former site known as the Aurora Excelsior Manufactured Gas Plant.

 

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Aurora, Illinois, as follows: that the Mayor and the City Clerk are hereby authorized and directed to execute the attached Access Agreement on the behalf of the City.