Village of Westchester

Village of Westchester
Agenda
Committee of the Whole Meeting
Village Hall
10300 Roosevelt Road
Westchester, IL 60154
www.westchester-il.org
Tuesday, March 11, 2014
Village Hall Board Room-7:00 p.m.
1. Call to Order
2. Pledge of Allegiance
3. Roll Call
4. New Business
A. Plan Commission Recommendation to Approve Petition PC-14-0001 Amendment to the Planned
Unit Development at the northeast corner of 31st & Wolf Rd (Westbrook Commons), Westchester
(Regency Centers, Petitioner) – Ms. Headley (p 2)
B. Economic Incentive Agreement – Ms. Matthys (handout)
C. PW Equipment Purchase – Pounder – Ms. Matthys/Mr. Muell (p 39)
D. Re-inspection Fees (Discussion Only) – Ms. Headley (p 43)
E. Equipment Financing – Ambulance – Ms. Potempa (Hand-Out) (p 44)
F. Intergovernmental Agreement – Mayfair Expansion Project (Discussion Only) – President
Pulia/Ms. Matthys
G. Watershed Management Ordinance (WMO) – President Pulia (p 56)
5. Old Business
A. Stella’s - Westchester LLC (d/b/a Stella’s Place) Liquor License – President Pulia
6. Information Only
A. 2014 Street Program – Ms. Matthys
7. Public Participation
In order to give as many visitors as possible an opportunity to speak and in the interest of adjourning
the meeting by 9:00 p.m., please limit your comments to 3 minutes in length, unless further time is
granted by the Board. Thank you.
8. Executive Session
9. Adjournment
The Village of Westchester will make all reasonable modifications to policies and programs to ensure that people with disabilities have an equal
opportunity to enjoy all of its programs, services, and activities. Anyone who requires an auxiliary aid or service for effective communication, or a
modification
of
policies
or
procedures
to
participate
in
a
program,
service,
or
activity of the Village of Westchester, should contact the office of the Fire Chief, 10300 W. Roosevelt Road, Westchester, IL,
(708) 345-0441, as soon as possible but no later than 48 hours before the scheduled event.
ITEM____
VILLAGE OF WESTCHESTER
REPORT FOR THE COMMITTEE OF THE WHOLE MEETING
MARCH 11, 2014 AGENDA
SUBJECT:
Petition PC-14-0001 Amend
the P.U.D. at the NE corner of
31st & Wolf Rd (Westbrook
Commons), Westchester
(Regency Centers, Petitioner).
TYPE:
SUBMITTED BY:
Resolution
X Ordinance
Motion
Discussion Only
Melissa Headley
Director of Community
Development
SYNOPSIS
Petitioner is requesting the following zoning relief for an approximately 15,901 square foot
addition to Westbrook Commons at the property located at the northeast corner of 31st & Wolf
Rd (Westbrook Commons):
1. Amendment to Ordinance 1076 which approved a Planned Unit Development (PUD) for a
property commonly known as Schorsch Farm to adopt the new site plan prepared by Intech
Consultants Inc. dated January 8, 2014.
2. Departure from Section 18.44.110 to reduce required stall length from 20 feet to 18 feet.
3. Departure from Section 18.44.170 to reduce the required number of parking spaces to 576
4. Departure from Section 18.58.050(h)(1) to increase the maximum height of a freestanding sign
from 25 feet to 26.25 feet
FISCAL IMPACT
In addition to the 15,901 square foot addition, Regency Centers is also planning parking lot
improvements, and façade and signage upgrades. The improvements to the shopping center
should have a positive fiscal impact on the Village. The redevelopment of this property should
generate additional revenue through the taxes and fees the Village collects.
Property Tax: The owner of the property is making improvements to the property.
Theoretically, the enhancements should positively impact property values, thus increasing
the amount of property tax collected by the Village.
Places of Eating Tax: Mariano’s is proposing a café with seating within the store. It is
assumed that Mariano’s will generate more sales through their café than Dominick’s
generated. The redevelopment should generate additional revenue through the Places of
Eating Tax.
Business Licenses & Sign Licenses: Mariano’s will provide additional revenue through the
annual Business License and Sign Permit renewals.
Sales Tax: It is assumed that Mariano’s will generate higher sales tax than the Dominick’s
did at that location. The Village should receive additional revenue through the sales tax
that will be generated.
BACKGROUND
The property located at the northeast corner of 31st & Wolf Rd (Westbrook Commons) is currently
permitted as Planned Unit Development with B-2 Restricted Business District uses permitted. The
2
anchor tenant at Westbrook Commons was Dominick’s Finer Foods. As of January 2014,
Dominick’s no longer occupies the space at 3020 Wolf Road. The property has been leased to
Mariano’s Fresh Market. Regency Centers is planning to expand the Dominick’s lease space from
its current limits to incorporate the Charter Fitness space and is constructing a 15,901 square foot
addition to the north side of the building. The addition represents a 13% increase in building
area. Regency Centers is also planning parking lot improvements, and façade and signage
upgrades.
RESULTS
At the public hearing held February 18, 2014, Commissioner Smith made the following motion:
To approve Application PC-14-0001 for the following zoning relief:
1. Amendment to Ordinance 1076 which approved a Planned Unit Development (PUD) for a
property commonly known as Schorsch Farm to adopt the new site plan prepared by Intech
Consultants Inc. dated January 8, 2014.
2. Departure from Section 18.44.110 to reduce required stall length from 20 feet to 18 feet.
3. Departure from Section 18.44.170 to reduce the required number of parking spaces to 576
4. Departure from Section 18.58.050(h)(1) to increase the maximum height of a freestanding
sign from 25 feet to 26.25 feet.
With the following conditions:
1. Development shall be in substantial compliance with the Final Planned Unit Development
plan prepared by Intech Consultants Inc. dated January 8, 2014.
2. The Landscape Plan prepared by Solomon Cordwell Buenz dated January 13, 2014 shall be
installed and well maintained.
3. Façade improvements at the Shopping Center shall be in substantial compliance with the
Mariano’s Store Plan and Elevation prepared by Solomon Cordwell Buenz dated January 13,
2014. The architectural elements proposed for the Mariano’s Façade shall be utilized in
the façade of the rest of the center.
4. A written agreement between the Village and Regency Centers that all future repairs on
the water main that is under the dock, between the two valves is the sole responsibility of
Regency Centers.
Commissioner Kopecky seconded the motion and the motion carried unanimously.
Ayes:
Nays:
Absent:
Cross, Kopecky, Nokes, Smith and James
None
Dent and Mazzei
In recommending approval, the Plan Commission has determined that the proposed zoning relief
would meet the findings of fact enumerated in Article 18.36.030 of Title 18 of the Municipal Code,
the Village of Westchester Zoning Code.
ATTACHMENT: STAFF REPORT DATED 2/14/14
3
Village of Westchester
10300 ROOSEVELT ROAD, WESTCHESTER, IL 60154
(708)345-0020 FAX (708)345-2873
WWW.WESTCHESTER-IL.ORG
MEMORANDUM
To:
Village President
SAM D. PULIA
Village Clerk
SHERBY J. MILLER
Trustees
ANGELO A.
CALCAGNO
PAUL GATTUSO
FRANK PERRY
CELESTINE REDA
NICK STEKER
TOM YURKOVICH
Village Manager
JANET M. MATTHYS
Plan Commission
From: Melissa Headley, AICP, Director of Community Development
Village Attorney
MICHAEL K. DURKIN
Date:
2/14/14
Re:
Petition PC-14-0001 Amendment to the Planned Unit Development at the northeast
corner of 31st & Wolf Rd (Westbrook Commons), Westchester (Regency Centers,
Petitioner).
PETITION:
PC-14-0001
PETITIONER: Regency Centers
STATUS OF PETITIONER: Property Owner
ZONING REQUEST:
Petitioner is requesting the following zoning relief for an approximately 15,901 square foot
addition to Westbrook Commons at the property located at the northeast corner of 31st &
Wolf Rd (Westbrook Commons):
1. Amendment to Ordinance 1076 which approved a Planned Unit Development (PUD) for
a property commonly known as Schorsch Farm to adopt the new site plan prepared by
Intech Consultants Inc. dated January 8, 2014.
2. Departure from Section 18.44.110 to reduce required stall length from 20 feet to 18 feet.
3. Departure from Section 18.44.170 to reduce the required number of parking spaces to
576
4. Departure from Section 18.58.050(h)(1) to increase the maximum height of a
freestanding sign from 25 feet to 26.25 feet
PROPOSED USE: Mariano’s Fresh Market in the former Dominick’s space
PRESENT USE/ZONING: Westbrook Commons Shopping Center/B-2 Restricted Business
District
LOT SIZE:
Approximately 512,919 square feet, 11.78 acres
PIN:
15-29-300-022-0000
UTILITES:
Sewer and water are available to this lot.
4
TRAFFIC: A traffic study was not required.
PUBLIC HEARING: February 18, 2014
SURROUNDING ZONING & LAND USES
North: R-1 Single Family Residential/Westchester Health & Rehabilitation Center
East: B-2 Restricted Business District/Townhouses (Rosebrook Subdivision)
West: R-1 Single Family Residential/Wolf Road Prairie
South: Cook County Forest Preserve District
BACKGROUND
The property located at the northeast corner of 31st & Wolf Rd (Westbrook Commons)
is currently permitted as Planned Unit Development with B-2 Restricted Business
District uses permitted. The anchor tenant at Westbrook Commons was Dominick’s
Finer Foods. As of January 2014, Dominick’s will no longer be occupying the space at
3020 Wolf Road. The property has been leased to Mariano’s Fresh Market. Regency
Centers is planning to expand the Dominick’s lease space from its current limits to
incorporate the Charter Fitness space and is constructing a 15,901 square foot addition
to the north side of the building. The addition represents a 13% increase in building
area. Regency Centers is also planning parking lot improvements, and façade and
signage upgrades.
RELIEF REQUESTED:
Request 1: Amendment to Ordinance 1076 which approved a Planned Unit
Development (PUD) for a property commonly known as Schorsch Farm to adopt the
new site plan prepared by Intech Consultants Inc. dated January 8, 2014..
Westbrook Commons was approved as a Planned Unit Development. Typically, when
zoning relief is granted, it is in accordance with an approved site plan. The building
addition requires an amendment to the PUD because of changes in the site plan.
Request 2: Departure from Section 18.44.110 to reduce required stall length from 20
feet to 18 feet.
The Village’s Zoning Ordinance requires a parking stall to be eight and one-half (8.5)
feet in width and at least twenty (20) feet in length. Petitioner is requesting a stall width
of nine (9) feet and eighteen (18) feet in length. This is a typical parking stall dimension
for perpendicular parking. There is a twenty-six (26) feet wide drive aisle serving the
parking stalls. This will ensure that patrons at the center can easily maneuver the
parking lot.
Request 3: Departure from Section 18.44.170 to reduce the required number of
parking spaces to 576.
The Village’s Zoning Ordinance requires one parking space for each two hundred
square feet of floor area in excess of one thousand square feet, plus one parking space
for each two employees. The shopping center currently requires 615 parking stalls
without including employee parking if you estimate the parking requirements based on
5
gross area. The shopping center currently has 586 spaces. After the proposed parking
lot improvements there will be 10 fewer parking spaces.
The advantage of Mariano’s locating at the Westbrook Commons is that all the uses in
the shopping center can share parking. Typically, different uses at the Center have
different peak hours, which allows for an overlap in parking demand. When one use
has a higher demand for available parking, another tenant at the mall may have a
reduced demand during that peak time period. Due to this phenomenon, there is a
reduced need for the overall number of parking spaces. Most days the Center’s parking
lot is not full. So, if Mariano’s requires more parking spaces, their customer’s can be
accommodated in the Center’s parking lot.
Request 4: Departure from Section 18.58.050(h)(1) to increase the maximum height of
a freestanding sign from 25 feet to 26.25 feet
The Village’s Zoning Ordinance allows twenty five feet maximum height for a
freestanding sign. The Center is currently improved with two freestanding signs that are
29.83 feet in overall height. Regency is proposing two new freestanding signs that are
26.25 feet. While this is a reduction in overall height and is bringing the sign closer to
compliance with the overall height requirement, it still exceeds the maximum height
allowed for a freestanding sign.
Findings of Fact:
1. The planned unit development may depart from strict conformance with the
required density, dimension, area, height, bulk, use and specific content
regulations of this chapter to the extent specified in the preliminary plat and
documents authorizing the planned unit development so long as the planned
unit development provides tangible benefits to the neighborhood or
community in which it is located. These benefits shall be in the form of
provision of exceptional amenities, design excellence, etc. The waiver of any
requirement shall be the direct cause of accrual of positive benefits to the
residents of the development as well as to the general community (e.g., waiver
of yard requirements might result in more usable open space);
Approval of the updated site plan including the departures noted above meet this
standard because:
1. The proposed improvements to the center will make a substantial impact to
design and overall feel of the shopping center. In October 2013, the Plan
Commission recommended the adoption of the updated Comprehensive Plan.
Regency Centers is proposing to undertake the improvements identified in the
plan. The comprehensive plan identified the following strategies for the site:
o Consolidate in-line tenant spaces: Regency is consolidating four (4)
existing tenant spaces and constructing a 15,901 square feet addition to the
building to make the center more attractive to potential retailers. One of the
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reasons that Mariano’s chose this location was having the ability to expand
their leasable area to be consistent with their other locations.
o Implement landscaping and facade improvements: Regency will be
completely updating the shopping center to give the center a consistent
architectural feel. They will be tying in the façade from Mariano’s throughout
the center.
They will also be making parking lot improvements that will add landscaping
and improve traffic flow at the shopping center. Trees, shrubs, perennials
and ornamental grasses will be planted in parking lot islands throughout the
center. There will also be planters along the front of the building. Currently,
there is no landscaping in the parking lot. The addition of these landscape
islands will help to reduce stormwater runoff from the parking lot.
INTERNAL STAFF REVIEW:
Village Manager: No comments or concerns
Public Works:
Public Works was concerned about locating the truck dock over the
water main, but due to the limited space and the location of multiple
utilities behind the building there are very few alternatives. Public
Works has indicated that as long as we have a written agreement that
Regency Centers will make any future repairs on the water main that is
under the dock, between the two valves they have no objection to
locating the water main under the dock in a casing.
Fire Chief:
International Fire Code requires a 20 feet wide fire lane. Petitioner
is proposing a 15 feet wide fire lane. Fire Department has indicated
that they do not object to the petition or the reduction of the fire lane
at the rear of the building as long as petitioner is willing to consider
alternate locations for fire department connections. Petitioner
provided the fire department with proposed locations for fire
department connections. Fire Department indicated that they
needed more information on the Fire Department Connections, but
the locations looked acceptable.
Police Chief:
No comments or concerns
Engineering:
Christopher Burke Engineering (CBBEL) has reviewed the
proposed plans and has not indicated any major concerns. The
biggest concern noted by CBBEL was the location of the water
main underneath the loading dock. This issue has been resolved
with Public Works staff. Most other comments from CBBEL were
requests for additional information.
SUMMARY:
Regency Centers is proposing various improvements to the Westbrook Commons
Shopping Center. They are making the improvements with anticipation of Mariano’s
Fresh Market locating in the former Dominick’s lease space. They will give the entire
center a newer, fresher look. The recently completed Comprehensive Plan
recommended the improvements that are currently being proposed. The façade
7
upgrades and parking lot improvements will be a positive for the shopping center
tenants, it will make the parking lot operate more safely. Because a building addition is
proposed, a public hearing was required to approve the changes in site plan.
REQUESTED ACTION:
If the Commission finds in support of the applicant’s request, the following motion could
be entertained:
To approve Application PC-14-0001 for the following zoning relief:
1. Amendment to Ordinance 1076 which approved a Planned Unit Development
(PUD) for a property commonly known as Schorsch Farm to adopt the new site
plan prepared by Intech Consultants Inc. dated January 8, 2014.
2. Departure from Section 18.44.110 to reduce required stall length from 20 feet to
18 feet.
3. Departure from Section 18.44.170 to reduce the required number of parking
spaces to 576
4. Departure from Section 18.58.050(h)(1) to increase the maximum height of a
freestanding sign from 25 feet to 26.25 feet.
For the property located at Westbrook Commons Shopping Center (Northeast corner of
31st Street and Wolf Road), Westchester, Illinois. (PIN: 15-29-300-022-0000)
With the following conditions:
1. Development shall be in substantial compliance with the Final Planned Unit
Development plan prepared by Intech Consultants Inc. dated January 8, 2014.
2. The Landscape Plan prepared by Solomon Cordwell Buenz dated January 13,
2014 shall be installed and well maintained.
3. Façade improvements at the Shopping Center shall be in substantial compliance
with the Mariano’s Store Plan and Elevation prepared by Solomon Cordwell
Buenz dated January 13, 2014. The architectural elements proposed for the
Mariano’s Façade shall be utilized in the façade of the rest of the center.
4. A written agreement between the Village and Regency Centers that all future
repairs on the water main that is under the dock, between the two valves is the
sole responsibility of Regency Centers.
With a finding of fact that such special use meets the special use standards enumerated
in Article 18.36.030 of Title 18 of the Municipal Code, the Village of Westchester Zoning
Code.
PLAN COMMISSION ACTION:
Majority of quorum.
____AYES, _____NAYS
VILLAGE BOARD VOTE REQUIRED:
____AYES, _____NAYS
8
Appendix A:
Excerpt from the Draft
Comprehensive Plan
9
REVITALIZING COMMERCIAL AREAS
43
Site Specific Revitalization Strategies
Mid-Term Strategy (3-5 years)
31st Street and Wolf Road: Westbrook Commons
• Consolidate in-line tenant spaces: Given that this intersection contains FPDCC
lands and the Wolf Road Prairie on three sides, there are limited opportunities for retail
expansion. According to findings from the market analysis, the center’s tenant spaces
are difficult to lease given their small sizes and limited visibility. Westbrook Commons
can alleviate this problem by combining smaller tenant spaces to create larger units
that would be attractive to business owners.
• Implement landscaping and facade improvements: The Village should encourage
the owners of Westbrook Commons to undertake façade upgrades and landscaping
improvements to help improve its visual appeal. These include landscaping in parking
areas, construction of a gateway entrance feature at both entrances, and placement of
trees throughout the complex. The Village’s proposed façade improvement program
could be utilized to incentivize the property improvements.
• Enhance connectivity: To capitalize on its proximity to natural areas such as Bemis
Woods and Wolf Road Prairie, the Village should encourage the installation of bicycle
amenities such as bike racks and signage.
Roosevelt Road Corridor
• Establish a TIF district: The Village should hire a consultant to undertake a TIF
feasibility analysis. The analysis would help determine eligibility, benefits, and
potential boundaries of the Roosevelt Road TIF district.
• Undertake site-level improvements: As recommended in the 2006 Strategic Plan,
the Village should undertake repaving, landscaping, and parking lot reconfiguration at
Village Hall, Post Office, and Fire Department. The Public Works Department should
budget for these improvements within the Village’s annual budget.
• Undertake pedestrian and transit-supportive improvements: The Village should
work closely with the Illinois Department of Transportation (IDOT), West Central
Municipal Conference (WCMC), and Pace to make the corridor more pedestrian and
transit-friendly. Improvements could include installation of bus shelters, improved
street lighting, seating, and signage.
10
Cermak Road and Mannheim Road: Village Center
• Create a Village Center Redevelopment Plan: The first step in creating a future
Village Center at this location is to undertake a Village Center Redevelopment Plan
that details the vision for the area and implementation actions to move forward. The
Plan will include actions to be undertaken by various Village departments, phasing
of redevelopment, and funding mechanisms to support redevelopment efforts. See
Figures 9 and 10 for the existing site layout of the Cermak and Mannheim Roads retail
district and the concept plan for the proposed Village Center area in the same location.
The concept plan is an example of a possible site layout for the future Village Center
area; the redevelopment plan will provide a more accurate depiction of the site.
• Establish a TIF district: The Village should hire a consultant to conduct a TIF
feasibility analysis. The analysis would help determine eligibility, benefits, and
potential boundaries of Village Center TIF district.
• Create a Village Center Zoning District: As part of the zoning ordinance revision,
the Village should create a Village Center Zoning District that allows for a higher
density, compact, and attractive mix of uses. The creation of a separate zoning district
will clearly outline development expectations for the development community in
terms of site design, building design, scale, and architectural quality.
• Prioritize redevelopment of parcels along Mannheim and Cermak Road: In the
near term, the Village should work closely with the property owners of marginal and
underutilized parcels along Mannheim and Cermak roads to redevelop the properties
as commercial and mixed-use developments. This should be undertaken after
establishment of the TIF district, incentivizing the redevelopment for property owners.
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Plan Commission
Petition PC-14-0001
Westbrook Commons
The enclosed materials and documentation are being
provided persuant to a request for information,
which has been submitted, to the Village of Westchester,
Illinois. The Village expressly disclaims
any responsibility for the accuracy of completeness
or the materials and documentation provided, and
any use thereof is at the requestor's sole an
exclusive risk and expense.
®
22
0
65
130
260
390
520
Feet
Date Prepared: 1/14/2014
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27
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ITEM____
VILLAGE OF WESTCHESTER
REPORT FOR THE COMMITTEE OF THE WHOLE MEETING
MARCH 11, 2014 AGENDA
SUBJECT:
PW Equipment Purchase Pounder
TYPE:
SUBMITTED BY:
X Resolution
Ordinance
Motion
Discussion Only
Carl Muell
Supervisor
SYNOPSIS
The pounder is a piece of heavy equipment that is utilized to break through concrete, asphalt and
frozen ground. The Village’s pounder is in excess of 14 years old. Recently, the pounder was
damaged in the process of breaking frozen ground for a water main repair. The pounder was
brought in for weld repair. Subsequent to the weld repair, the vendor determined that there was
internal damage. This is a critical piece of equipment for our public works projects. While the
rewelded pounder is operational, it is not reliable due to the internal damage. John Deere gave us
a quote of $1,000 just to estimate the repair of the internal damage. We paid $875 for the reweld.
FISCAL IMPACT
Rental for a replacement pounder is approximately $1,000 per week. This piece of equipment is
used for all projects requiring digs. Three quotes were obtained for purchase of a replacement
pounder. We received a quote from Murphy’s Contractor’s Equipment Incorporated for the
quoted price of $12,435. It is compatible with our existing equipment and will come with a quick
attach for the Kubota. Murphy’s has committed to delivery within 2-3 days of order. Two other
quotes were obtained; from Burris Equipment ($13,440) and from O’Leary Contractors. It should
be noted that the O’Leary quote was for a lighter weight pounder which was not the specs
requested. The quotes are attached to this synopsis.
RECOMMENDATION
Staff recommends purchase of a replacement pounder from Murphy’s Contractor’s Equipment
Incorporated for the quoted price of $12,435. The cost will be split between the General Fund
(street department) and the Utility Fund.
ATTACHMENTS
Murphy’s Contractor’s Equipment Quote
Burris Equipment Quote
O’Leary Contractor’s Quote
39
40
41
42
ITEM____
VILLAGE OF WESTCHESTER
REPORT FOR THE COMMITTEE OF THE WHOLE MEETING
MARCH 11, 2014 AGENDA
SUBJECT:
Re-inspection Fees
TYPE:
SUBMITTED BY:
Resolution
Ordinance
Motion
X Discussion Only
Melissa Headley
Director of Community
Development
BACKGROUND
The Village’s Municipal Code Section 14.01.110(4)(D)(iii) allows the Village to collect a $50 reinspection fee. It has not been past practice to charge these re-inspection fees. If an inspector
goes out to a job and a property owner or contractor is not ready for an inspection, is a no show or
fails an inspection the Village does not charge the property owner or contractor any additional
inspection fee.
This is not an attempt to collect additional revenue. It is being proposed because every time one
of our inspectors goes to a property there is staff time and resources that are being utilized that
could be used elsewhere. In instances where an outside contractor is being utilized to conduct
inspections there is a direct cost to the Village. We had an instance recently where we completed
multiple re-inspections at the same site because the contractor kept failing their inspections. Each
time we went back out there was a cost incurred by the Village.
Staff will begin charging re-inspection fees in the following instances and wanted to make sure
that the Village Board is aware of the policy in case you receive feedback:
1. When the property owner/contractor is not ready for an inspection
2. When the property owner/contractor does not show up to an inspection
3. When the property owner/contractor fails an inspection
43
ITEM____
VILLAGE OF WESTCHESTER
REPORT FOR THE COMMITTEE OF THE WHOLE MEETING
MARCH 11, 2014 AGENDA
SUBJECT:
Financing of Ambulance
Purchase
TYPE:
SUBMITTED BY:
X Resolution
Ordinance
Motion
Discussion Only
Maureen Potempa
Finance Director
SYNOPSIS
The Board approved the purchase of a 2014 Wheeled Coach Freightliner Type I Medium Duty
Ambulance on August 27, 2013 (Ordinance 13-2011). Chief James Adams has advised Finance that
the ambulance is scheduled for delivery on or about 3/26/14.
FISCAL IMPACT
The purchase price of the 2014 Wheeled Coach Freightliner Type I Medium Duty Ambulance net of
trade-in value of the 2008 Ford F-450 X Cab Type I Wheeled Coach Ambulance is $196,666. PNC
Equipment Finance, LLC has offered us financing at an annual interest rate of 2.396% over 5 years.
Annual debt service is calculated at $41,737.94. Such amounts will be budgeted in and paid from
the General Fund (Fire Department 01-20). The first scheduled debt service payment will be due
on 6/26/14.
RECOMMENDATION
Staff recommends the financing of the 2014 Wheeled Coach Freightliner Type I Medium Duty
Ambulance through issuance of a resolution approving financing through PNC Equipment Finance,
LLC.
ATTACHMENTS
PNC Lease Documents
44
C02
Master Equipment Lease-Pur chase Agr eement
Between
Village of Westchester
And
PNC Equipment Finance, LLC
DOCUMENT INDEX
 Lease Schedule A – Sign and title.
 Payment Schedule A-1 – Sign and provide title
 Incumbency Certificate and Resolution – List your authorized signor(s) and title(s); have secretary or
appropriate trustee attest to the information and signature(s) provided by signing and printing his/her name,
title and date. The per son who validates the signatur es should not sign the lease documents. The
resolution must reflect the title(s) of the individual(s) who have authorization to sign the documents.
 Minutes of Governing Body (approving the purchase & finance of equipment) – Please return a copy with
the documents.
 Opinion of Counsel Letter – Enclosed is a template. Please ask your attorney to prepare on his/her
letterhead, and include all of the items in the template.
 Invoice, W9 and Payment Wiring Instructions from the vendor. The wiring instructions must be placed on
the vendor’s letterhead.
 Copy of the MSO, or Title, or Copy of the Title Application showing PNC Equipment Finance, LLC. 995
Dalton Avenue, Cincinnati, OH 45203 as the lien holder.
 Insurance Request Form – Fill in your insurer’s information and sign. Please contact your insurer, prior to
delivery, to obtain a certificate of insurance. Please enclose the certificate with the signed documentation
or have the insurer fax the certificate directly to me.
 IRS FORM 8038-G – Sign, date, and title.
 Information Request – Please complete and return
Please return the documents to PNC Equipment Finance, LLC, 155 E. Broad St., Columbus OH 43215 in the
postage paid envelope enclosed.
45
E28
L EASE SCHEDULE A (T AX-E XEMPT )
Dated as of March 26, 2014
This Lease Schedule No. 180957000 (this “ Schedule” ) relates to the Master Equipment Lease-Purchase
Agreement referenced below and, together with the terms and conditions of the Master Lease incorporated
herein by reference, constitutes a Lease. Unless otherwise defined herein, capitalized terms will have the same
meaning ascribed to them in the Master Lease. All terms and conditions of the Master Lease are incorporated
herein by reference.
Master Equipment Lease-Purchase Agreement dated July 15, 2011.
1.
Equipment Description. As used in the Lease, “ Equipment” means all of the property described in the
Payment Schedule attached to this Schedule and all attachments, additions, accessions, parts, repairs,
improvements, replacements and substitutions thereto.
2.
Rent Payments; Lease Term. The Rent Payments to be paid by Lessee to Lessor, the Commencement
Date of this Lease and the Lease Term of this Lease are set forth on the Payment Schedule attached to this
Schedule.
3.
4.
Essential Use; Current Intent of Lessee. Lessee represents that (a) the use of the Equipment is essential to
Lessee’s proper, efficient and economic functioning or to the services that Lessee provides to its citizens,
(b) the Equipment will be used by Lessee only for the purpose of performing its governmental or
proprietary functions consistent with the permissible scope of its authority and will not be used in a trade
or business of any person or entity, and (c) the useful life of the Equipment is not less than the stated full
Lease Term of this Lease. Lessee has determined that a present need exists for the Equipment which need
is not temporary or expected to diminish in the near future. Lessee currently intends for the full Lease
Term: to use the Equipment; to continue this Lease; and to make Rent Payments so long as funds are
appropriated by its governing body for the succeeding fiscal year.
ACCEPTANCE OF EQUIPMENT. AS BETWEEN LESSEE AND LESSOR, LESSEE AGREES THAT (a) LESSEE HAS
EQUIPMENT; (b) ALL EQUIPMENT IS IN GOOD WORKING ORDER AND
COMPLIES WITH ALL PURCHASE ORDERS, CONTRACTS AND SPECIFICATIONS; (c) LESSEE ACCEPTS ALL
EQUIPMENT FOR PURPOSES OF THE LEASE “AS-IS, WHERE IS”; AND (d) LESSEE WAIVES ANY RIGHT TO
REVOKE SUCH ACCEPTANCE.
RECEIVED AND INSPECTED ALL
5.
Re-Affirmation of the Master Lease Representations, Warranties and Covenants.
Lessee hereby
represents, warrants and covenants that its representations, warranties and covenants set forth in the
Master Lease (particularly Sections 6.1 and 16 thereof) are true and correct as though made on the date of
execution of this Schedule.
46
6.
BANK QUALIFIED. LESSEE CERTIFIES THAT IT HAS DESIGNATED THIS LEASE AS A QUALIFIED TAX-EXEMPT
SECTION 265(b)(3) OF THE CODE, THAT IT HAS NOT DESIGNATED
MORE THAN $10,000,000 OF ITS OBLIGATIONS AS QUALIFIED TAX-EXEMPT OBLIGATIONS IN ACCORDANCE
WITH SUCH SECTION FOR THE CURRENT CALENDAR YEAR AND THAT IT REASONABLY ANTICIPATES THAT
THE TOTAL AMOUNT OF TAX-EXEMPT OBLIGATIONS TO BE ISSUED BY LESSEE DURING THE CURRENT
CALENDAR YEAR WILL NOT EXCEED $10,000,000.
OBLIGATION IN ACCORDANCE WITH
VILLAGE OF WESTCHESTER, as Lessee
PNC Equipment Finance, LLC, as Lessor
By: ________________________________
Name:______________________________
Title: ______________________________
By: ________________________________________
Name:___________________________________
Title: ______________________________________
Counterpart No. _____ of __ manually executed and serially numbered counterparts. To the extent that
this Lease constitutes chattel paper (as defined in the Uniform Commercial Code), no security or ownership
interest herein may be created through the transfer or possession of any Counterpart other than Counterpart No.
1.
47
E28
P AYMENT SCHEDULE A-1
Attached to and made a part of that certain Lease Schedule No. 180957000 dated as of March 26, 2014 by
and between PNC Equipment Finance, LLC, as lessor, and Village of Westchester, as lessee.
Commencement Date: March 26, 2014
1.
EQUIPMENT LOCATION & DESCRIPTION:
10300 Roosevelt Road, Westchester, IL 60154
One (1) 2014 Wheeled Coach Freightliner Type I Medium Duty Ambulance
2.
LEASE PAYMENT SCHEDULE:
(a)
Total Amount Financed:
(b)
Payment Schedule:
Rent
Payment
Number
1
2
3
4
5
6
7
8
9
10
Rent
Payment
Date
6/26/2014
12/26/2014
6/26/2015
12/26/2015
6/26/2016
12/26/2016
6/26/2017
12/26/2017
6/26/2018
12/26/2018
$196,666.00
Rent
Payment
Amount
20,863.97
20,863.97
20,863.97
20,863.97
20,863.97
20,863.97
20,863.97
20,863.97
20,863.97
20,863.97
Interest
Portion
Principal
Portion
Termination
Value *
1,204.06
2,120.27
1,895.75
1,668.54
1,438.60
1,205.92
970.44
732.15
491.00
246.97
19,659.91
18,743.70
18,968.22
19,195.43
19,425.37
19,658.05
19,893.53
20,131.82
20,372.97
20,617.00
182,316.27
163,010.26
143,473.00
123,701.70
103,693.57
83,445.78
62,955.44
42,219.67
21,235.51
1.00
VILLAGE OF WESTCHESTER, as Lessee
PNC Equipment Finance, LLC, as Lessor
By: ________________________________
Name:______________________________
Title: ______________________________
By: ________________________________________
Name:___________________________________
Title: ______________________________________
* Assumes all Rent Payments and other amounts due on and prior to that date have been paid.
48
E24
C ERTIFICATE OF I NCUMBENCY
I, the undersigned, do hereby certify that I am the duly elected or appointed and acting
Secretary/Clerk of Village of Westchester (“ Lessee” ), a political subdivision duly organized and existing
under the laws of the State where Lessee is located, that I have the title stated below, and that, as of the
date hereof, the individuals named below are the duly elected or appointed officers of Lessee holding the
offices set forth opposite their respective names and are authorized on behalf of Lessee to enter into that
certain Master Equipment Lease-Purchase Agreement dated July 15, 2011 (the “ Master Lease” ) and
separate Lease Schedules relating thereto from time to time as provided in the Master Lease (collectively,
the “ Schedules” ), each between Lessee and PNC Equipment Finance, LLC, as lessor.
Name
Title
Signature
Name
Title
Signature
Name
Title
Signature
IN WITNESS WHEREOF, I have duly executed this Certificate and affixed the seal of Lessee on this
___ day of _____________, 2014.
LESSEE:Village of Westchester
_________________________________________
(Secretary/Clerk)
Print Name: _______________________________
Official Title: ______________________________
(other than the person signing the documents)
49
[SEAL]
E34
F ORM OF O PINION OF L ESSEE ’S C OUNSEL
(P LEASE FURNISH THIS TEXT ON ATTORNEY’S LETTERHEAD)
[To be dated the execution date of Lease Schedule No. 180957000]
PNC Equipment Finance, LLC
155 E Broad Street
Columbus, OH 43215
Re:
Master Equipment Lease-Purchase Agreement
dated July 15, 2011 and Lease Schedules thereto
Ladies and Gentlemen:
As counsel for Village of Westchester (“ Lessee” ), I have examined the Master Equipment LeasePurchase Agreement duly executed by Lessee and dated July 15, 2011 (the “ Master Lease” ), which has
been incorporated by reference into Lease Schedule No. 180957000 dated March 26, 2014 (the “ Original
Lease Schedule” ), each between Lessee and PNC Equipment Finance, LLC, as lessor (“ Lessor” ), the
Schedule A-1 attached to the Original Lease Schedule (the “ Original Payment Schedule” ) and the
proceedings taken by the governing body of Lessee to authorize on behalf of Lessee the execution and
delivery of the Master Lease, the Original Lease Schedule, the Original Payment Schedule and all
additional lease schedules and related payment schedules to be entered into pursuant to the Master Lease
(each of which is herein referred to as an “ Additional Lease Schedule” ) and to be executed and delivered
by the same authorized officers on behalf of Lessee in substantially the same manner and in substantially
the same form as the Original Lease Schedule. The Original Lease Schedule, which incorporates by
reference the terms and conditions of the Master Lease, and the related Original Payment Schedule are
herein collectively referred to as the “ Lease.” Any Additional Lease Schedule, which incorporates by
reference the terms and conditions of the Master Lease, and the related payment schedule are herein
collectively referred to as an “ Additional Lease.”
Based upon the foregoing examination and upon an examination of such other documents and
matters of law as I have deemed necessary or appropriate, I am of the opinion that:
1.
Lessee is duly organized and legally existing as a political subdivision, municipal corporation or
similar public entity under the Constitution and laws of the State of Illinois with full power and
authority to enter into, and perform its obligations under, the Lease and each Additional Lease.
2.
The Lease and each Additional Lease have each been duly authorized and have been or, with
respect to each Additional Lease, will be, duly executed and delivered by Lessee. Assuming due
authorization, execution and delivery thereof by Lessor, the Lease constitutes, and each
Additional Lease will constitute, the legal, valid and binding obligation of Lessee, enforceable
against Lessee in accordance with their respective terms, except to the extent limited by State and
50
federal law affecting creditor’s remedies and by bankruptcy, reorganization, moratorium or other
laws of general application relating to or affecting the enforcement of creditors’ rights.
3.
Lessee has complied with any applicable property acquisition laws and public bidding
requirements in connection with the Lease, each Additional Lease and the transactions
contemplated thereby.
4.
To the best of my knowledge, there is no litigation or proceeding pending or threatened before
any court, administrative agency or governmental body that challenges: the organization or
existence of Lessee; the authority of its officers; the proper authorization, approval and execution
of the Lease, any Additional Lease or any documents relating thereto; the appropriation of monies
to make payments under the Lease or any Additional Lease; or the ability of Lessee otherwise to
perform its obligations under the Lease or any Additional Lease and the transactions
contemplated thereby.
5.
The resolution adopted by Lessee’s governing body authorizing the execution and delivery of the
Master Lease, the Original Lease Schedule, the Additional Lease Schedules and certain other
matters was adopted at a meeting that was held in compliance with all applicable laws relating to
the holding of open and public meetings.
6.
The entering into and performance of the Lease and each Additional Lease do not and will not
violate any judgment, order, law or regulation applicable to Lessee or result in any breach of, or
constitute a default under, or result in the creation of any lien, charge, security interest or other
encumbrance upon any assets of Lessee or on the Equipment (as such term is defined in the
Master Lease) pursuant to any indenture, mortgage, deed of trust, bank loan or credit agreement
or other instrument to which Lessee is a party or by which it or its assets may be bound.
7.
The correct legal name of Lessee for purposes of the Uniform Commercial Code in effect in the
State is ________________.
This opinion may be relied upon by purchasers and assignees of Lessor’s interests in the Lease
and each Additional Lease.
Very truly yours,
Attorney
51
I01
I NSURANCE C OVERAGE DISCLOSURE
PNC Equipment Finance, LLC, LESSOR
Village of Westchester, LESSEE
RE:
INSURANCE COVERAGE REQUIREMENTS
1.
In accordance with the Lease Schedule dated March 26, 2014, to the Master Equipment Lease-Purchase
Agreement dated March 26, 2014 and identified in the Lease Schedule, Lessee certifies that it has instructed
the insurance agent named below (please fill in name, address and telephone number):
________________________________________
________________________________________
________________________________________
to issue:
a. All Risk Physical Damage Insurance on the leased Equipment evidenced by a Certificate of Insurance and Long
Form Loss Payable Clause naming PNC Equipment Finance, LLC and/or its assigns as Lender Loss Payee.
Coverage Required: Termination Value Specified
b. Public Liability Insurance evidenced by a Certificate of Insurance naming PNC Equipment Finance, LLC and/or its
assigns as an Additional Insured.
Minimum Coverage Required:
$1,000,000.00 per person
$2,000,000.00 aggregate bodily injury liability
$1,000,000.00 property damage liability
Proof of insurance coverage will be provided to PNC Equipment Finance, LLC, 995 Dalton Ave., Cincinnati, OH
45203, prior to the time that the property is delivered to Lessee.
OR
2.
Pursuant to the Master Lease, Lessee represents and warrants, in addition to other matters under the Lease, that
it is lawfully self-insured as more fully described in the attached letter.
Lessee: Village of Westchester
By:
Name:
Title:
52
I01
I NSURANCE I NFORMATION
Please provide the following information to your insurance company to help expedite receipt of the necessary
coverage:
ITEMS WHICH NEED TO BE REFLECTED ON INSURANCE CERTIFICATE:
•
PNC Equipment Finance, LLC MUST BE NAMED LENDER LOSS PAYEE AND ADDITIONAL INSURED
•
30 Days Notice of Cancellation
•
Not Less than $2,000,000.00 limits on liability
•
Certificate must reflect a short equipment description
•
Certificate must reflect an expiration date
Certificate Holder Information:
PNC Equipment Finance, LLC, its successors and/or all assigns
995 Dalton Ave.
Cincinnati, OH 45203
Please send a FAX copy of certificate to Chintan Patel at (855) 676-9539.
The original should be mailed to the same at:
PNC Equipment Finance, LLC,
995 Dalton Ave.
Cincinnati, OH 45203
Please call Chintan Patel at 614-463-6581, if you have any questions.
53
E23
FINAL RECEIPT CERTIFICATE
LEASE SCHEDULE NO. 180957000
Dated: March 26, 2014
Reference is made to the above Lease Schedule (“ Schedule”) and to the Master Lease-Purchase Agreement (“Master
Lease”) identified in said Lease Schedule, which have been executed and delivered by the undersigned Lessee
(“Lessee”) and PNC Equipment Finance, LLC (“Lessor”). This Certificate amends and supplements the terms and
conditions of the Lease Schedule and is hereby made a part of the Lease Schedule. Unless otherwise defined herein,
capitalized terms defined herein, capitalized terms defined in the Master Lease or the Lease Schedule shall have the
same meaning when used herein.
Notwithstanding anything to the contrary, express or implied, in the Master Lease (including the Schedules attached
thereto), Lessee agrees as follows:
1. ACCEPTANCE OF EQUIPMENT. AS OF THE ACCEPTANCE DATE STATED BELOW AND AS BETWEEN LESSEE
AND LESSOR, LESSEE HEREBY AGREES THAT: (A) LESSEE HAS RECEIVED AND INSPECTED ALL OF THE EQUIPMENT
DESCRIBED IN THE LEASE SCHEDULE (“EQUIPMENT”); (B) ALL EQUIPMENT IS IN GOOD WORKING ORDER AND
COMPLIES WITH ALL PURCHASE ORDERS, CONTRACTS AND SPECIFICATION; (C) LESSEE ACCEPTS ALL EQUIPMENT
FOR PURPOSES OF THE LEASE “AS-IS, WHERE-IS”; AND (D) LESSEE WAIVES ANY RIGHT TO REVOKE SUCH
ACCEPTANCE.
ACCEPTANCE DATE:
2. RENT PAYMENTS. LESSEE HEREBY CONFIRMS THAT LESSEE WILL COMMENCE PAYMENT OF THE RENT
PAYMENTS FOR THE EQUIPMENT IN THE AMOUNTS SPECIFIED IN LEASE SCHEDULE WITH THE FIRST RENT
PAYMENT BEING DUE ON
JUNE 26, 2014_______ .
Village of Westchester
(“Lessee”)
By:
Title:
54
C03
INFORMATION REQUEST
LESSEE NAME:
________Village of Westchester___________________________
FEDERAL TAX I.D. #______________________________________________________
BILLING ADDRESS:
________________________________________________________________________
Billing Contact
________________________________________________________________________
Street Address or Post Office Box
________________________________________________________________________
City, State and Zip
________________________________________________________________________
Phone Number
Fax Number
PHYSICAL ADDRESS (IF DIFFERENT):
________________________________________________________________________
Street Address or Post Office Box
________________________________________________________________________
City, State and Zip
Require Board Approval for Payments? _______ Yes
_______ No
Board Meeting Date? ___________________
Require signed vouchers for payments? _______ Yes
_______ No
We typically mail our invoices 30 days in advance. Taking into account a 7-day mail period, do you foresee any
problem that would prevent the payment from being received on or before the due date?
______ Yes
_______ No
Please list any special instructions below:
__________________________________________________________________________________
__________________________________________________________________________________
____
55
MEMORANDUM
February 18, 2014
TO:
President Sam Pulia
FROM:
Mark Wrzeszcz
SUBJECT: Metropolitan Water Reclamation District (MWRD) Authorized Municipality
In January MWRD sent a letter to all Cook County municipalities requesting them to decide
if they want to become an authorized municipality regarding administering the Watershed
Management Ordinance (WMO). CBBEL is preparing the Technical Guidance Manual for
the MWRD and will be conducting training sessions for MWRD staff, municipal staff and
consultants. The WMO is effective May 1, 2014.
We asked MWRD staff for guidance on a few of the requirements for the authorized
municipality. The WMO will regulate floodplains and wetlands which the current Sewer
Permit Ordinance does not. We recommend having the Village “authorized” if they want
some control over the administration of the WMO.
Attached is a draft letter from the Village to Dr. Catherine O’Connor that the Village needs to
complete to start the authorization process. Some tips on the requirements of the letter:
1. Legal Opinion – have the Village attorney write a letter that addresses items
a through e.
2. The Finance Director needs to prepare a statement addressing item #2 and
preferably include a section of the municipal budget that shows what they
budget or how they pay for reviews on a yearly basis.
3. The Village should estimate the number of permits per year and describe
how they will handle the load. It is best to quote historical numbers and
outline the review process. MWRD wants to see the process on the
municipal website so that any developer would be able to get a packet of
information off the website and know who at the municipality to call or send
information.
4. If the Village wants to charge permit fees it is no problem. They need to
inform the District of the fee schedule.
5. This is self-explanatory. (CBBEL to address)
6. The Enforcement Officer section of the attached Contact Information Sheet
needs to be completed.
We recommend the draft IGA (attached) be reviewed by the Village attorney as well. The
MWRD will initiate the IGA with the community once the Letter of Intent is completed and
processed at MWRD.
CHRISTOPHER B. BURKE ENGINEERING, LTD.
9575 W Higgins Road, Suite 600 Rosemont, Illinois 60018-4920 Tel (847) 823-0500 Fax (847) 823-0520
56
MEMORANDUM
Additionally, the MWRD will be requesting a list of grandfathered projects from each
municipality. To be on the grandfathered list a development must have received preliminary
approval from the municipality. The grandfathered list expires on 5/1/15. The “preliminary
approval” is generic because it means something different in every community. This gives
the municipality the ability to define what “preliminary approval” means for them.
N:\WESTCHESTER\Admin Misc\MWRD\Authorized Municipality Memo 021414.docx
CHRISTOPHER B. BURKE ENGINEERING, LTD.
9575 W Higgins Road, Suite 600 Rosemont, Illinois 60018-4920 Tel (847) 823-0500 Fax (847) 823-0520
57
February 17, 2014
Dr. Catherine A. O’Connor, Ph.D., P.E.
Director of Engineering
Metropolitan Water Reclamation District of Greater Chicago
100 E. Erie Street
Chicago, Illinois 60611
Dear Dr. O’Connor:
Subject: Intent to become an authorized municipality to administer the Watershed Management Ordinance
The Village of Westchester (“municipality”) intends to become authorized to administer the Watershed
Management Ordinance (“WMO”) to the extent allowed by Article 14 of that ordinance.
The municipality designates Mr./Ms. __________________ as the municipality’s enforcement officer. All
correspondence should be directed to Mr./Ms. ________________’s attention at the following address:
Village of Westchester
10300 W. Roosevelt Road
Westchester, IL 60154
Please find the following documents enclosed in support of this letter of intent.
1. Legal Opinion indicating the municipality has legal authority to perform all obligations required by
the WMO, including:
a. Regulating erosion and sediment control, stormwater management, floodplains, isolated
wetlands, and riparian environments;
b. Conducting inspections on private property;
c. Issuing watershed management permits;
d. Administering the WMO; and
e. Entering into an intergovernmental agreement with the District.
2. A verified statement of financial capacity to perform and adequately fund the municipality’s
obligations related to the administration of the WMO as set forth in Article 14 of that ordinance.
3. An implementation plan, with an estimate of permit load and available review staff.
4. Schedule of Permit Fees.
5. An exhibit delineating the corporate limits of the municipality for the purposes of administering the
WMO. Note that areas within the limits of the Combined Sewer Area Limits cannot be locally
administered.
6. Contact information sheet.
Please contact the municipality’s enforcement officer at (708) 345-0020 if you require further information.
Very truly yours,
President
Sam Pulia
58
Contact Information Sheet
The Village of Westchester intends to become authorized to administer the Cook County Watershed
Management Ordinance. Below is contact information for the Villages’s Enforcement Officer, Professional
Engineer, and Wetland Specialist.
Enforcement Officer
NAME:
TITLE:
ORGANIZATION: Village of Westchester
STREET ADDRESS: 10300 W. Roosevelt Road
CITY, STATE, ZIP: Westchester, IL 60154
PHONE:
708-345-0020
FAX:
708-345-2873
EMAIL:
Professional Engineer
NAME:
Jerry Robinson, PE, CFM
TITLE:
Project Manger
ORGANIZATION: Christopher B. Burke Engineering, Ltd.
STREET ADDRESS: 9575 W. Higgins Road
CITY, STATE, ZIP: Rosemont, IL 60018
PHONE:
847-823-0500
FAX:
847-823-0520
EMAIL:
[email protected]
NAME:
Jedd Anderson, PWS, CWS, CPESC
TITLE:
VP, Head, Environmental Resources Department
ORGANIZATION: Christopher B. Burke Engineering, Ltd.
STREET ADDRESS: 9575 W. Higgins Road
CITY, STATE, ZIP: Rosemont, IL 60018
PHONE:
847-823-0500
FAX:
847-823-0520
EMAIL:
[email protected]
N:\WESTCHESTER\Admin Misc\MWRD\Contact_Information_Form.docx
59
INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE
TOWN/VILLAGE/CITY OF'
AND THE METROPOLITAN \ryATER
RECLAMATION DISTRICT OF GREATER CHICAGO FOR AUTHORIZATION TO
ADMINISTER THE WATERSHED MANAGEMENT ORDINANCE
THIS INTERGOVERNMENTAL AGREEMENT (hereinafter the "Agreement") is
entered into
this
,201_,
by and between the Metropolitan'Water
Reclamation District of Greater Chicago, a municipal corporation, organized and existing under
the laws of the State of Illinois (hereinafter the "District") and the Town/City/Village
a
of
municipal corporation and home rule / non-home rule unit of govemment
organized and existing under Article VII, Section (6 for home rule / 7 for non-home rule) of the
1970 Constitution of the State of Illinois (hereinafter the
"Municipality').
WITNESSETH:
093-1049 (hereinafter the
'Act");
T
\ilHEREAS, on November 17,2004, the Illinois General Assembly passed Public Act
and
AF
\ryHEREAS, the Act declares that stormwater management in Cook County shall be
under the general supervision of the District; and
WHEREAS, the Act specifically authorizes the District to prescribe by ordinance
reasonable rules and regulations for floodplain and stormwater management and for governing
R
the location, width, course, and release rate of all stormwater runoffchannels, streams, and
basins in Cook County; and
D
WHEREAS, the Watershed Management Ordinance (hereinafter the "'WMO"), attached
hereto as Exhibit
l,
was adopted by the District's Board of Commissioners on October 3,2013
and became effective on May
I,2014; and
\ryHEREAS, the Municipality is located in its entirety or partially within the boundaries
of Cook County; and
WHEREAS, pursuant to Article 14 of the WMO, the District may authorize
municipalities to locally administer certain provisions of the WMO; and
WIIEREAS,
on
_,20_-
the Municipality submitted a letter of intent
to the District in which the Municipality expressed its desire to administer the WMO within the
Municipality's corporate limits
as an authorized
municipality in conformance with the provisions
ofthe WMO; and
\ilHEREAS, pursuant to the Illinois Municipal Code, 65 ILCS 5ll
Municipality has the authority to adopt the WMO by reference; and
60
et
seq.,the
WHEREAS, on
__,
20
_,
the Municipality's
adopted the
WMO by reference; and
\ryHEREAS, the WMO may be administered more effectively with the Municipality and
District cooperating and using their joint efforts and resources most efficiently; and
\ilHEREAS, the Intergovemmental Cooperation Act, 5 LLCS220/l
10 of
et seq., and Section
Article VII of the Illinois Constitution, allow and encourage intergovernmental
cooperation; and
WHEREAS,
on
, the
District's Board of Commissioners
authorized the District to enter into an intergovemmental agreement with the Municipality; and
WHEREAS,
on
, the
Municipality's
T
authorized the Municipality to enter into an intergovernmental agreement with the District; and
NO\ry THEREFORE, in consideration of the matters set forth, the mutual covenants and
agreements contained in this agreement and other good and valuable consideration, the
,Ar.fiolp
f
AF
Municipality and District hereby agree as follows:
fnonrnnrqfinn nf Rpoifqls
The recitals set
fofh
above are incorporated herein by
R
reference and made a part hereof.
a
1.
The Municipality shall administer the WMO within its corporate limits in conformance
2.
3.
4.
D
with the provisions of the WMO.
The District shall provide oversight of the Municipality's administration of the WMO.
Both the Municipality and the Districtshall comply with the provisions of the WMO.
The Municipality shall participate actively in the regular phase of the National Flood
Insurance Program. The Municipality shall notifr the District promptly if the
Municipality is not in full compliance with the National Flood Insurance Program.
5.
The Municipality shall appoint an Enforcement Officer (hereinafter "Enforcement
Offrcer") and provide the District with the name, address, telephone number, and email
address of the appointed Enforcement Offrcer. The
Municipalþ shall promptly noti$ the
District in any change of Enforcement Offrcer by the manner provided in Article 25
below.
6.
The Municipality shall either employ or retain adequate staff for all of the following
positions:
2
61
a. An Enforcement OfÍicer;
b. Professional Engineer(s) licensed
by the State of Illinois (hereinafter "Professional
Engineer"); and
c. Wetland specialist(s).
7. The District shall promptly notify the Municipality of any amendments
the mannerprovided in
to the WMO by
Aficle 25 below. The Municipality shall adopt all amendments to
the WMO by reference.
Ârficle 1^ Iñ/øfershpd Mnnqoornenf Perrnils
l.
The Municipality shall review watershed management permit applications for
development activities enumerated in Seotion 201.1of the V/MO, which aroproposed
within the Municipality's corporate limits. The Municipality shall use the watershed
T
management permit applications, forms, numbering conventions, and schedules supplied
by the District. The Municipality shall contact the District's Permit Unit to obtain a
2.
AF
permit number for all new permits.
The Municipality shall not review a watershed management permit application for any
development activity enumerated in Section 201.2 of the V/MO. The Municipality shall
forward any watershed management permit applications containing aproposed
R
development activity enumerated in Section 201.2 to the Dishict for the District's review
and approval.
3.
The Municipality shall not issue a watershed management permit for development
4.
D
activities within a combined sewer area as delineated on Exhibit 2.
The Municipality may establish a schedule of permit fees for watershed management
permits in accordance with the provisions of the WMO, which may be amended from time
to time. The Municipality shall notiff the District promptly by letter of any change in
established permit fees.
5.
The Municipality shall timely review all watershed management permit applications and
respond within:
a.
Fifteen working days of an initial submittal for developments not involving flood
protection areas;
b.
Thirty working days of an initial submittal for developments involving flood
protection areas; and
c. Ten working days of a resubmittal.
3
62
6. The Municipality shall issue watershed
managementpermits for development activities
enumerated in Section 201.1 of the WMO proposed within the District's corporate limits,
which are in conformance with the terms and conditions of the WMO.
7. The Municipality
shall have a Professional Engineer review all engineering information
and plans prepared for the development by a Professional Engineer.
8.
The Municipality shall conduct a pre-application meeting at the request of an applicant for
a watershed management
permit. For any unresolved questions from the pre-application
meeting, the District shall make its best efforts to be available for an additional joint
meeting to resolve such questions.
9.
The Municipality shall not issue watershed management permits for proposed
developnients that do rtot comply with the provisions of the WMO.
10. The
Municipality shall not issue any variance to the WMO. All petitions for variance
11. The
T
shall be submitted to the District in accordance with the requirements of the WMO.
Municipality shall not hear any appeals. All petitions for appeal shall be submitted to
12. Upon request, the
AF
the District in accordance with the requirements of the WMO.
Municipality shall reasonably cooperate with the District on
administrative proceedings related to variances, appeals, and violations of the WMO. The
Municipalit5r's reasonable cooperation shall include assistance in the form of supporting
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documents, information, and, if necessary, testimony.
Article 4. Records.
The Municipality shall maintain all of the following records electronically for
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l.
developments within the Municipality's corporate limits
a. Watershed management
b. Record drawings;
c.
:
permits issued within the Municipality;
Structue improvement data;
d. Wetland mitigation bank credits;
e.
Elevation certificates;
f. Floodproofi ng certificates;
g. Base flood data and base flood maps; and
h. Letters of Map Changes, including but not limited to, Conditional Letters of Map
Revision, Letters of Map Revision, and Letters of Map Amendment.
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The Municipality shall transmit a copy of all records specified in Article 4, Section
I of
this Agreement to the Permit Unit of the District within ten business days of receipt by the
Municipality.
The District may conduct inspections to verify that the Municipality is properly
maintaining records as required by this Article.
Article 5. Inspections.
l.
The Municipality shall inspect construction related to any development activity within the
Municipality that requires
a watershed management
permit. The Municipality shall
ensure that any development within its corporate limits is constructed in conformance
with the requirements of both the WMO and any issued watershed managernent permit.
2.
The Districtmay inspect any development subject to a watershed management permit
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within the Municipality to ensure compliance with both the watershed management permit
and the WMO.
Any inspections performed pursuant to this Agreement shall be conducted in accordance
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3.
with the WMO and all other applicable local, state, and federal laws.
Article
6. Trainins.
Article
Stop-Work Orders.
The Municipality is authorized to issue an order requiring the suspension of construction
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l.
7.
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District or its designee.
The Municipality shall participate in training as conducted by the
of a development that is subject to the WMO.
2. A stop-work,order shall:
a. Be in writing;
b. Indicate the reason for its issuance; and
c. Order the action, if any, necessary to resolve the circumstances requiring the stopwork order.
3.
One copy of the stop-work order shall be posted on the property in a conspicuous location
and one copy shall be delivered by Registered Mail, Return
Receþ Requested, or
personal delivery to the permittee/co-permittee, and./or to the property owner or his/her
agent. Additionally, one copy of the stop-work order shall be provided to the District
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within 24 hours of its issuance pursuant to the notice procedures set forth in Article 26
below.
4. The stop-work order shall state the conditions under which the construction of the subject
development may be resumed.
The Municipality shall issue a stop-work order if:
a. A development is proceeding in a manner which creates imminent hazard of
severe harm to persons, property, or the environment on or
b.
offthe site;
A development is occuning in violation of a requirement of the WMO, or of
watershed management permit, and the Municipality has determined
a
it is necessary
to halt ongoing development activity to avoid continuing or additional violations
' and where signlficant costs and effort would be incurred should the offending
development activity be allowed to continue; or
management permit is required is
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c. A development for which a watershed
proceeding without issuance of a watershed management permit. In such instance,
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the stop-work order shall state that the order terminates when the required
watershed management permit is properly obtained.
The Municipality shall not hear any appeals of its stop-work orders. Such appeals may
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only be heard by the District in accordance with the provisions of the WMO.
Article 8. Violations.
l.
The Municipality shall investigate complaints of violation of either the WMO or a
2.
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watershed management permit.
The Municipality shall notiff the District within 72 hours of any suspected violation
of
either the WMO or a watershed management,permit within the Municipahty.
3.
The District shall solely conduct all administrative proceedings to remedy violations.
Article 9. Audits.
l.
The District may audit the Municipality periodically to ensure proper administration of the
ÌWMO. During an audit, the District may:
a.
b.
Inspect and copy pertinent records kept by the Municipality;
Inspect and copy watershed mrnagement permits issued by the Municipality;
c. Meet with staff of the Municipality, which may include the Enforcement
Professional Engineer, and wetland specialist;
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Offrcer,
d. Conduct field inspections of developments permitted by the Municipality;
e. Request and copy financial records of the Municipality;
f.
Verify that the Municipality complies with all requirements listed in Article 14,
Section 1402.2 of the WMO;
g. Verifr that the Municipality
does not violate any provision listed in
Article
14,
Section 1402.3 of the WMO; and
h.
Verify compliance with this Agreement.
The District shall promptly notify the Municipality of any deficiency with respect to any
provision of this Agreement or the WMO, which the Municipality must remedy within
thirty (30) calendar days. In cases where a deficiency cannot be remedied within thirty
(30) calendar days, the Distriot may grant a time oxtension to the Munioipality.
If
the Municipality does not remedy the deficiency as required by
Article 8, Section 2 of
Article
11 of this Agreement.
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accordance with
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this Agreement, the District may either terminate or suspend this Agreement in
.
The Municipality may, at its option, and upon
giving a sixty (60) day written notice to the District in the manner provided in Article 26 below,
terminate this Agreement.
1.
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Arfiale 1l ^ Srrsnension nr Terrninnfinn hw fhe fìicfrinf-
The Dishict may terminate this agreement for any of the following reasons:
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a. Failure to comply with any provision of Section 1402.2 of the WMO;
b. Violation of any provision of Section 14023 of the WMO; or
c. Breach ofthis Agreement;
2.
The District may alsô terminate this AgreenÍent if the Municipalíty's legal authority to
delegate the administration of the WMO is revoked by statute, ordinance, or court order;
3.
The District shall provide written notice to the Municipality if the Municipality does not
meet all requirements of either this Agreement or the WMO, to enable the Municipality to
correct such deficiencies.
4. If the Municipality
does not meet all requirements of either this Agreement or the WMO,
then, at the discretion of the District, the District may at any time suspend the
Municipality's status as an Authorized Municipality, including its authority to issue
watershed management permits. Such suspension shall speciff all deficiencies necessary
to be remedied.
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The District may terminate this Agreement and the Municipality's status as an Authorized
Municipality if the Municipality does not meet all requirements of either this Agreement
or the WMO.
If the Municipality's status as an Authorized Municipality is either suspended or
terminated, the Municipality may petition the District's Director of Engineering in the
manner prescribed by the WMO for reauthorization after all deficiencies are remedied.
Article 12. Duration. This Agreement becomes effective on the date that the last signature is
affixed hereto, which shall be date inserted on the fìrst page hereof. Subject to the terms and
conditions of Articles l0 and l1 above, this Agreement shall remain in full force and effect for
perpetuþ.
Article l3- Non-Assiqnment Neither party may assign its rights hereunder without the written
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consent of the other party.
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Article 14. \Maiver of Personal Liabilitv. No offrcial, employee, or agent of either party to
this Agreement shall be charged personally by the other party with any liability or expenses of
defense incurred as a result of the exercise of any rights, privileges, or authority granted herein,
nor shall he or she be held personally liable under any term or provision of this Agreement, or
because
of a party's execution or attempted execution of this Agreement, or
of any
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breach of this Agreement.
because
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Article 15. Indemnification. The Municipality shall defend, indemniff, and hold harmless
the District, its commissioners, officers, employees, and other agents ("Disfüct Party") from
liabilities of every kind, including losses, damages and reasonable costs, payments and
expenses (such as, but not limited to, court costs and reasonable attomeys' fees and
disbursements), claims, demands, actions, suits, proceedings, judgments or settlements, any
or all of which are asserted by any individual, private entity, or public entity against the District
Party and a¡ise out of, or are in any way related to any authority, duty, or obligation bestowed
on the
Municipalþ pursuant to this Agreement and/or the WMO.
Article
16. Covenents. Renresentations.
and Warranties of the Municinalitv. The
Municipalþ covenants, represents, and warrants as follows:
(1) The Municipality participates in the regular phase of the National Flood Insurance
Program and is in full compliance with the program;
Ø The Municipality has legal authority to perform all responsibilities of an authorized
municipality required by the WMO and this Agreement;
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(3)
The
Municipalþ has legal authority to adopt the WMO
and has adopted the
WMO,
including all amendments, by reference;
(4)
The Municipality has full authority to execute, deliver, and perform or cause to be
performed this Agreement;
(s)
The individuals signing this Agreement and all other documents executed on behalf
of the Municipalþ are duly authorized to sign same on behalf of and to bind the
Municipality;
(6)
No conflict of interest exists for any
engineer employed
or retained by
the
Municipality to perform work or provide services related to, or arising out of, the
Municipality's administration of the WMO.
(7)
The execution and delivery of this Agreement, consummation of the transactions
provided for herein, and the fulfillrnent of the terms hereof will not result in any
breach
of any of the terms or provisions of or constitute a default under any
agreement of the Municipality or any instrument to which the Municipality is bound
decree,
or order of any cor¡rt or governmental body or
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or any judgment,
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applicable law, rule, or regulation.
any
Article 17. Covenants. Representations. and Warranties of the District. The District
covenants, represents, and warrants as follows:
(1)
The District has full authority to execute, deliver, and perform or cause to be
performed this Agreement;
The individuals signing this Agreement and all other documents executed on behalf
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(2)
of the District are duly authorized to sign same on behalf of and to bind the District;
(3)
The execution and delivery of this Agreement, consuûrmation of the transactions
will not result in any
breach of any of the terms or provisions of or constitute a default under any
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provided for herein, and the fulfillment of the terms hereof
agreement
of the District or any instrument to which the District is bound or
any
judgment, decree, or order of any court or goverhmental body or any applicable law,
rule, or regulation.
Article 18. Disclaimers. This Agreement is not intended, nor shall it be construed, to confer
any rights, privileges, or authority not permitted by Illinois law. Nothing in this Agreement
shall be construed to establish a contractual relationship between the District and any party other
thanthe Municipality.
Article 19. \ilaivers. Whenever a party to this Agreement by proper authority waives the other
party's performance in any respect or waives a requirement or condition to performance, the
waiver so ganted, whether express or implied, shall only apply to the particular instance and
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shall not be deemed a waiver for subsequent instances of the performance, requirement, or
condition. No such waiver shall be construed as a modification of this Agreement regardless
of
the number oftimes the performance, requirement, or condition may have been waived.
Article 20. Severability. If any provision of this Agreement is held to be invalid, illegal, or
unenforceable, such invalidity, illegality, or unenforceability will not affect any other
provisions of this Agreement, and this Agreement will be construed as if such invalid, illegal,
or unenforceable provision has never been contained herein. The remaining provisions will
remain in full force and will not be affected by the invalid, illegal, or unenforceable provision
or by its severance. In lieu of such illegal, invalid, or unenforceable provision, there will be
added automatically as part of this Agreement a provision as similar in its terms to such
illegal, invalid, or unenforceable provision as may be possible and be legal, valid, and
enforceable.
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Article 21. I)eemed Inclusion. Provisions required (as of the effective date) by law,
ordinances, rules, regulations, or executive orders to be inserted in this Agreement are
deemed inserted in this Agreement whether or not they appear in this Agreement or, upon
application by either party, this Agreement will be amended to make the insertions.
However, in no event will the failure to insert such provisions before or after this Agreement
is signed prevent its enforcement.
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Article 22. Entire Asreement. This Agreement, and any exhibits or riders attached hereto,
shall constitute the entire agreement between the parties. No other warranties, inducements,
considerations, promises, or interpretations shall be implied or impressed upon this Agreement
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that are not expressly set forth herein.
Article 23. Amendments. This Agreement shall not be amended unless it is done
so in
writing
and signed by the authorized representatives of both parties.
Article 24. References to Documents. All references in this Agreement to any exhibit or
document shall be deemed to include all supplements and/or authorized amendments to any
such exhibits or documents to which both parties hereto are privy.
Arficle 25 -fndioirl rn¡l Ârfnrinisfrøfive Reme¡lips- The parties agree that this Agreement
and any subsequent Amendment shall be govemed by, and construed and enforced in
accordance with, the laws of the State of Illinois in all respects, including matters of
construction, validity, and performance. The parties fi¡rther agree that the proper venue to
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69
resolve any dispute which may arise out of this Agreement is the appropriate Court of
competent jurisdiction located in Cook County, Illinois.
This Agreement shall not be construed against a party by reason of who prepared
it. Each
party agrees to provide a certified copy of the ordinance, bylaw, or other authority to
evidence the reasonable satisfaction of the other party that the person signing this Agreement
for such party is authorized to do so and that this Agreement is a valid and binding obligation
of such party.
The rights and remedies of the District or the Municipality shall be cumulative, and election by
the District or the Municipality of any single remedy shall not constitute a waiver of any other
remedy that such party may pursue under this Agreement.
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Article 26. Notices. Unless otherwise stated in this Agreement, any and all notices given in
connection with this Agreement shall be deemed adequately given only if in writing and
addressed to the party for whom such notices are intended at the address set fofh below. All
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notices shall be sent by personal delivery, UPS, Fed Ex or other overnight messenger service,
first class registered or certified mail, postage prepaid, retum receipt requested, or by
facsimile. A written notice shall be deemed to have been given to the recipient party on the
earlier of (a) the date it is hand-delivered to the address required by this Agreement; (b) with
respect to notices sent by mail, two days (excluding Sundays and federal holidays)
following
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the date it is properly addressed and placed in the U.S. Mail, with proper postage prepaid; or
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(c) with respect to notices sent by fagsimile, on the date sent, if sent to the facsimile
number(s) set forth below and upon proof of delivery as evidenced by the sending fax
machine. The name of this Agreement i.e., "INTERGOVERNMENTAL AGREEMENT BY
AND TI{E
AND BETIWEEN THE TOWNA/ILLAGE/CITY OF
METROPOLITA}I WATER RECLAMATION DISTRICT OF GREATER CHIqAGO FOR
AUTHORIZATION TO ADMINISTER THE I|VATERSHED MANAGEMENT
ORDINANCE" must be prominently featured in the heading of all notices sent hereunder.
Any and all notices referred to in this Agreement, or that either party desires to give to the
other, shall be addressed as set forth in Article 27, unless otherwise specified and agreed to
by the parties:
Article 27. Renresentatives. Immediately upon execution of this Agleement, the following
individuals will represent the parties as a primary contact and receive notice in all matters
under this Agreement.
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Districfl
Engineering
For the
Director of
Metropolitan'WaterReclamationDishict
Chicago
Street
6061I
For the Municipality:
Enforcement Officer
StreetAddress
Municipality,Illinois ZIP
Phone: QOOQ )OO(-X)OO(
FÆ{: (ÐO{) )OO(-XXXX
of Greater
100 East Erie
Chicago, Illinois
Phone: (312)751-3169
(312) 751-5681
FAX:
Each party agrees to promptly
notiff the other party of any
change
in its designated
representative, which notice shall include the name, address, telephone number and fax
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number of the representative for such party for the purpose hereof.
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IN WITIYESS WIIEREOF, the Metopolitan Water Reclamation District of Greater Chicago
and the Town/Village/City
of
the parties hereto, have each caused this
Agreement to be executed as of the date first above written by their duly authorized officers,
duly attested and their seals hereunto affixed.
IN WITNESS \ryHEREOF, the Municipality
day
of
has executed this Agreement on the
,201_.
VILLAGE/CITY OF
BY:
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XX )O(, TO'rWNA/illage I City President
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ATTEST:
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)O( )OOO(, Town/Village/ City Clerk
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METROPOLITAN WATER RECLAMATION DISTRICT OF GREATER CHICAGO
Chairman ofthe Committee on Finance
Executive Director
ATTEST:
Date
Date
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Assistant Director of Engineering
Date
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Engineer of Stormwater Management
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APPROVED AS TO ENGINEERING, OPERATIONS, AND TECHMCAL MATTERS:
Date
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Director of Engineering
Director of Maintenance and Operations
Date
Director of Monitoring and Research
Date
APPROVED AS TO FORM AND LEGALITY:
Head AssistantAttomey
Date
General Counsel
Date
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