Submitted By
Bill McKenna, Village Engineer
Reviewed By
LKS
Agenda Item Title
Title
An Ordinance Approving a Highway Authority Agreement and an Environmental Indemnity Agreement between Howard M. Munyon, as Trustee of The Howard M. Munyon Revocable Living Trust and the Village of Oak Park for the Property Located at 6801 North Avenue and Authorizing their Execution
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Overview
Overview
The property owner of 6801 North Avenue (“Owner”) seeks to secure a closure of incidents regarding leaking underground storage tanks at the site which was a former Phillips 66 gas station with the Illinois Environmental Protection Agency (IEPA) which would include the execution of a Highway Authority Agreement (HAA) and a Limited Environmental Indemnity Agreement with the Village. A HAA identifies the areas in the right-of-way which exceeds IEPA soil remediation objectives and provides a mechanism to alert those who may need to perform any excavation work in the area. A Limited Environmental Indemnity Agreement identifies the cost responsibility for managing contaminated soils.
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Recommendation
Recommendation
Approve the Ordinance.
Body
Staff Recommendation
Approve the Ordinance.
Fiscal Impact
There is no fiscal impact if the Ordinance is approved. The Owner has paid for all the testing and the Limited Environmental Indemnity Agreement requires the Owner to pay all costs associated with any environmental issues should the Village, or its permittees, need to perform work in the streets where there is contamination. The Owner will also pay for recording of the agreements with the Cook County Recorder of Deeds.
Background
Petroleum products from former leaking underground storage tanks at a former Phillips 66 gas station located at 6801 North Ave, the southwest corner of Oak Park Avenue and North Avenue, have leaked into the soils over time. Following an environmental site investigation by the Owner it was determined that soil contamination spread into the public right-of-way on North avenue and Oak Park Avenue.
The current owner is requesting to obtain a Highway Authority Agreement (HAA) to allow for this contamination to remain under the right of way of Oak Park Avenue. North Avenue is a State Highway and the Owner will pursue obtaining a HAA with the State of Illinois for the contamination under the North Avenue right of way. The Village is requiring a Limited Environmental Indemnity Agreement which requires the Owner to pay all costs associated with any environmental issues in the future should the Village, or its permittees, need to perform work in the areas covered by this agreement.
Alternatives
The alternative to this recommendation could be to delay action to gain additional information.
Previous Board Action
N/A.
Citizen Advisory Commission Action
N/A.
Anticipated Future Actions/Commitments
None at this time.
Intergovernmental Cooperation Opportunities
None at this time.