File #: 21-215    Version: 1 Name: Third Amendment to the Landfill Agreement & Easement
Type: Agreement Status: Approved
File created: 7/13/2021 In control: City Council
On agenda: 7/27/2021 Final action: 7/27/2021
Title: Communication from the City Manager and Director of Public Works with a Request for the Following: A. APPROVE the Third Amendment to the Landfill AGREEMENT; and, B. APPROVE the Permanent EASEMENT and License AGREEMENT with ROBERT D. CARMAN GRANTOR TRUST and JUDITH A. CARMAN GRANTOR TRUST.
Indexes: Goal 2 - Safe Peoria, Goal 3 - Beautiful Peoria, Invest in our infrastructure and transportation, Support sustainability
Attachments: 1. 21-215-A Amendment, 2. 21-215-B Agreement, 3. Pages from County Board Agenda 210610, 4. Pages from 07-08-2021 - County Agenda Packet - Easement
Related files: 18-209

ACTION REQUESTED: 

Title

Communication from the City Manager and Director of Public Works with a Request for the Following:

 

A.                     APPROVE the Third Amendment to the Landfill AGREEMENT; and,

 

B.                     APPROVE the Permanent EASEMENT and License AGREEMENT with ROBERT D. CARMAN GRANTOR TRUST and JUDITH A. CARMAN GRANTOR TRUST.

Body

BACKGROUND:  The Third Amendment to the Landfill Agreement, adjusts the location of (1) one of the (4) four recycling drop off locations from the identified sites in the Landfill Agreement effective December 11, 2009.

 

This Third Amendment to the Landfill Agreement replaces section 16b of the Landfill Agreement “PDC Laboratories, INC located at 2231 W Altorfer Drive, Peoria IL 61615” with “Lot 4, 5 or 6 in Galena Road Industrial Park located at North Old Galena Road, Chillicothe, Illinois,”  a proposal provided by PDC Services, Inc., as an alternate location to ensure safety and better service delivery than the site identified in the Agreement.

 

The City of Peoria, County of Peoria, Landfill Committee, and PDC evaluated multiple sites and determined the proposed location by PDC located at North Old Galena Road as a top available option.

 

The Peoria City/County Landfill Committee approved this Third Amendment to the Landfill Agreement on May 12, 2021 and the Peoria County Board Approved the Amendment on May 25, 2021 meeting.

 

The City is seeking a Permanent Easement and a License Agreement by and between the Peoria City/County Landfill Committee, City of Peoria, County of Peoria and the Robert D. Carman Grantor Trust and the Judith A. Carman Grantor Trust to complete the construction of the overflow spillway for the new dam. Peoria City County Landfill, INC (PCCLI) met with the Carman family on April 20 and May 1 and discussed whether the Trust would provide an easement to the Committee, City, and County on the approximate 3.21-acre area. The Carman family is willing to issue an easement to the Committee, City, County and PCCLI so long as it can receive a reciprocal easement from all the parties to access its property through the overflow spillway's maintenance roadway. 

 

Exhibits A and B of the agreement detail exact location and scope of easement. The Peoria County States' Attorney's Office and the Carman family have reviewed and provided comments on the Permanent Easement and License Agreement, which have been addressed and incorporated in these documents that are included with this Council Communication. The Peoria City/County Landfill Committee approved this easement on June 23, 2021.

 

FINANCIAL IMPACT: N/A

 

NEIGHBORHOOD CONCERNS:  The new drop off location is not in the City Limits of Peoria. The current proposed area has high vehicle and employee foot traffic and limited area for a recycling drop-off. Improvements to the entrance road dam will reduce potential of failure and wetland mitigation project will increase wetlands in the area of the landfill.

                     

IMPACT IF APPROVED: A safer drop off location for the public and PDC employees will be developed at the proposed site.

 

Continued construction activities for Landfill No. 3 will continue and work can begin in 2021.

 

IMPACT IF DENIED:  An alternate location will need to be located and provided. Potential delay in development of additional recycling drop off site.

 

Entrance road dam and wetland mitigation project will need to be redesigned and another alternative will need to be found. Construction of Landfill No. 3 will be delayed, and potential waste diversion will need to be studied.

 

 

ALTERNATIVES:  Other sites were considered but were found to have same safety concerns and potential for litter and illegal dumping to occur.

 

EEO CERTIFICATION NUMBER: N/A

 

WHICH OF THE GOALS IDENTIFIED IN THE COUNCIL’S 2017 - 2032 STRATEGIC PLAN DOES THIS RECOMMENDATION ADVANCE?

 

1. Safe Peoria                     

2. Beautiful Peoria

 

WHICH CRITICAL SUCCESS FACTOR(S) FROM THE COMPREHENSIVE PLAN DOES THIS RECOMMENDATION IMPLEMENT?

 

1. Support sustainability.                     

2. Invest in our infrastructure and transportation.                     

 

DEPARTMENT: Public Works