3/19/2008 12:22:00 AM Berta Road agreement complete Developer’s letter of credit will seal the deal
Jamie Mack Staff Writer
With a long and detailed negotiation complete, the village of Diamond and developers for Meadow Estates/Berta Crossings have reached an agreement regarding Berta Road.
"We have jumped through hoops to make this happen," said Road Commissioner Terry Kernc. "I feel it is good for all parties involved."
The Diamond Village Board voted unanimously to accept an engineered site plan and development agreement which outline the future of the Berta Road/Division Street intersection.
"I think this is a prime example of an agreement that works for both the development community and the Diamond and Coal City communities," noted Frank Cortina, attorney for the developers.
His clients, Mark Scaggs and Doug Bean, will commit $2.1 million to execute improvements to Berta Road and traffic signals at two Division Street intersections as well as curb and gutter and drainage upgrades on both roadways.
Cortina commended Village Board members for their work on the project.
"You were logical and sensible. You told us what your needs were and showed us your ordinances," Cortina told the board. "It's been a pleasure working with this community," he concluded.
Officially, the Berta Road project has been in the negotiation phase for nearly two years; however, talks became earnest this year as the residential and commercial developments approached their first occupancies.
At this stage, the development requires a permanent Berta Road entry point, and roadway improvements are needed in order to accommodate the additional traffic expected at Berta Estates/Meadow Crossings.
Since Berta Road will be widened to make turn lanes, input from neighboring property owners was part of the negotiation process.
Kim Scerine, owner of Broadway Dance Center on Berta Road, holds deed to property up to the middle of the roadway. Her cooperation in turning over village easement helped expedite the plan.
Scerine expressed appreciation for Kernc' efforts in keeping everyone informed and on board with the plan.
"Her work on the road plan has been quite extraordinary," Scerine said of Kernc.
According to the agreement, Berta Road work will begin as soon as weather permits.
Diamond's portion of Berta Road begins just south of Ace Hardware. The section north of Ace's private drive is considered part of the Illinois Department of Transportation
(IDOT) intersection.
Developers will spend $600,000 on Berta Road. They will take down the existing road and start from scratch to rebuild it.
The plan calls for 8 1/2-to 10 inches of asphalt on an aggregate base. An average residential street has 3 inches of asphalt.
"It's a very substantial road," explained Village Engineer Mike Perry.
When it is finished, the entire stretch of roadway will have a middle turn lane, with an additional turn lane into the Meadow Estates Subdivision.
For now, Meadow Estates will have only one entry point from Berta, but the development agreement calls for an additional dedicated roadway as the subdivision grows.
In addition to the new entry, Diamond's section of Berta will have two curb cuts at the dance center, two curb cuts at the day care center and one curb cut at the private drive behind Ace. Ridged safety concrete and caution signs will be installed at the Ace drive.
The developers will install curb and gutter along both sides of Berta Road, along with enclosed stormwater drainage in places where the development meets the Diamond roadway.
By tackling the improvements in stages, Berta will remain open as two-lane thoroughfare through out construction.
Improvements to Berta Road must be substantially complete by Oct. 1 of this year.
The Division street portion of the project, estimated to cost $1.5 million, will be funded and executed by Bean and Scaggs at an undetermined future date.
There is no immediate time frame for the Division Street section of the project. Those improvements will begin whenever IDOT traffic studies indicate a need for stop lights.
To ensure both roadway projects are completed, the Meadow Estates/Berta Crossings developers must post a letter of credit from their lender.
Without that insurance, the Berta Road agreement can not be executed.
"A letter of credit really is the safest way for the village to go," explained Kernc.
After making such a substantial investment, the developers will be entitled to recapture a portion of their expenses from neighboring property owners.
Should adjoining sites develop on either side of Berta Road in the next 15 years, those owners will have to reimburse Scaggs and Bean at a rate of one-percent over prime.
The official terms of recapture are still under discussion.
The development agreement outlines stormwater improvements at the Meadow Estates' site, and Kernc reported these measures are underway already.
An additional benefit of the Berta Road reconstruction is that it gives Kernc a chance to inspect the dance studio's troublesome wastewater lateral line under Berta Road.
Although the village of Diamond did not come away with every item on its Berta Road wish list (They gave up buried power lines and portions of urban profile), leaders are satisfied with the end result: The village will have what it needs, a new Berta Road.
"I think both sides really did come out being winners," Kernc assured.
