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Public Works Packet 2009 11-17-09 'e'j"o cer® United City of Yorkville 800 Game Farm Road EST 1838 Yorkville, Illinois 60560 Telephone: 630-553-4350 ® L . Fax: 630-553 -7575 AGENDA PUBLIC WORKS COMMITTEE MEETING Tuesday, November 17, 2009 6 :30 p.m. City Hall Conference Room Presentation: None Minutes for Correction/Approval: None Items Recommended for Consent Agenda : 1 . PW 2009- 113 Water Department Report for September 2009 2. PW 2009- 114 Water Department Report for October 2009 3 . PW 2009- 115 Fox Road LAPP Project — Change Order #4 New Business : 1 . PW 2009- 116 Grande Reserve Subdivision Update 2 . PW 2009- 117 River Road Bridge — Weight Limit Ordinance 3 . PW 2009- 118 IDOT Agreement — Rt. 34/Sycamore Traffic Signal 4 . PW 2009- 119 Resolution of Support for Joint COGS Water Supply Planning Group 5 . PW 2009- 120 Ordinance Approving an Intergovernmental Agreement Establishing the Northern Illinois Municipal Natural Gas Franchise Consortium 6 . PW 2009- 121 Proposed Illicit Discharge and Connection Stormwater Ordinance Old Business : 1 . PW 2009- 104 Proposed Stormwater BMP Maintenance Ordinance 2. PW 2009- 110 Yorkville Business Center Units 2 & 3 — Final Acceptance — Update 3 . PW 2009-43 Van Emmon Area Drainage — Update/Discussion Additional Business : UNITED CITY OF YORKVILLE WORKSHEET PUBLIC WORKS COMMITTEE Tuesday, November 17, 2009 6 :30 PM CITY CONFERENCE ROOM ITEMS RECOMMENDED FOR CONSENT AGENDA: --------------------------------------------------------------------------------------------------------------------------------------- I . PW 2009-113Water Department Report for September 2009 ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 2. PW 2009- 114 Water Department Report for October 2009 ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 3 . PW 2009- 115 Fox Road LAPP Project — Change Order #4 ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes NEW BUSINESS : 1 . PW 2009-116 Grande Reserve Subdivision Update ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 2. PW 2009-117 River Road Bridge — Weight Limit Ordinance ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes 3 . PW 2009-118 IDOT Agreement — Rt. 34/Sycamore Traffic Signal ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 4. PW 2009- 119 Resolution of Support for Joint COGS Water Supply Planning Group ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 5. PW 2009- 120 Ordinance Approving an Intergovernmental Agreement Establishing the Northern Illinois Municipal Natural Gas Franchise Consortium ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes 6. PW 2009- 121 Proposed Illicit Discharge and Connection Stormwater Ordinance ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- OLD BUSINESS : 1 . PW 2009- 104 Proposed Stormwater BMP Maintenance Ordinance ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 2. PW 2009- 110 Yorkville Business Center Units 2 & 3 — Final Acceptance — Update ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes 3 . PW 2009-43 Van Emmon Area Drainage — Update / Discussion ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes ADDITIONAL BUSINESS: United City of Yorkville WATER DEPARTMENT REPORT SEPTEMBER 2009 MONTH/YEAR WELLS NO WELL DEPTH PUMP DEPTH WATER ABOVE PUMP THIS MONTH'S PUMPAGE FEET FEET FEET GALLONS 3 1335 501 204 0 4 1393 542 188 14,694,000 7 1500 883 553 3,720,100 8 1500 861 477 36,000 9 1500 1125 576 29,277,000 TOTAL 47,727,100 CURRENT MONTH'S PUMPAGE IS 7,298,100 GALLONS LESS THAN LAST MONTH 1,407.400 GALLONS LESS THAN LAST YEAR DAILY AVERAGE PUMPED: 1.674 000 GALLONS DAILY MAXIMUM PUMPED: 2,259.100 GALLONS DAILY AVERAGE PER CAPITA USE: 104.6 GALLONS WATER TREATMENT CHLORINE FED: 1405.1 LBS. CALCULATED CONCENTRATION: 3.3 MG/L FLUORIDE FED: 564.4 LBS. CALCULATED CONCENTRATION: 0.37 MG/L WATER QUALITY AS DETERMINED FROM SAMPLES ANALYZED BY ILLINOIS ENVIRONMENTAL PROTECTION AGENCY BACTERIOLOGICAL: 19 SAMPLES TAKEN 19 SATISFACTORY UNSATISFACTORY (EXPLAIN) FLOURIDE: 3 SAMPLE(S)TAKEN CONCENTRATION: 1.01 MG/L MAINTENANCE NUMBER OF METERS REPLACED: 5 NUMBER OF LEAKS OR BREAKS REPAIRED: 0 MXU'S 10 NEW CUSTOMERS RESIDENTIAL: 5 COMMERCIAL: 1 INDUSTRIAL/GOVERNMENTAL: 0 COMMENTS United City of Yorkville WATER DEPARTMENT REPORT = OCTOBER 2009 MONTH/YEAR WELLS NO WELL DEPTH PUMP DEPTH WATER ABOVE PUMP THIS MONTH'S PUMPAGE FEET FEET FEET GALLONS 3 1335 501 206 0 4 1393 542 189 14,342,000 7 1500 883 554 3,452,600 8 1500 861 476 22,762,000 9 1500 1125 578 6,304,000 TOTAL 46,860,600 CURRENT MONTH'S PUMPAGE IS 866;500 GALLONS LESS THAN LAST MONTH 2,046,000 GALLONS LESS THAN LAST YEAR DAILY AVERAGE PUMPED: 1,438,400 GALLONS DAILY MAXIMUM PUMPED: 2,404,400 GALLONS DAILY AVERAGE PER CAPITA USE: 90 GALLONS WATER TREATMENT CHLORINE FED: 1175 LBS. CALCULATED CONCENTRATION: 34 MG/L FLUORIDE FED: 296.6 LBS. CALCULATED CONCENTRATION: 0.22 MG/L WATER QUALITY AS DETERMINED FROM SAMPLES ANALYZED BY ILLINOIS ENVIRONMENTAL PROTECTION AGENCY BACTERIOLOGICAL: 19 SAMPLES TAKEN 19 SATISFACTORY UNSATISFACTORY (EXPLAIN) FLOURIDE: 3 SAMPLE(S) TAKEN CONCENTRATION: - MG/L MAINTENANCE NUMBER OF METERS REPLACED: 8 NUMBER OF LEAKS OR BREAKS REPAIRED: 2 MXU'S 5 NEW CUSTOMERS RESIDENTIAL: 8 COMMERCIAL: 0 INDUSTRIAL/GOVERNMENTAL: 0 COMMENTS 2 SERVICE LEAKS. 348 EVAN EMMON ST&YORKVILLE MOOSE. 30,000 GALLONS OF WATER LOST DUE TO LEAKS. Reviewed By: Agenda Item Number J= O� Legal El l/n�A L� ® Finance ❑ EST 1 less Engineer'' x jzlo9 Tracking Number 0 �fl y City Administrator F] Consultant ❑❑ aW �()M_II5 <LE Agenda Item Summary Memo Title: Fox Road LAPP Project—Change Order#4 Meeting and Date: November-17, 2009 Public Works Committee Synopsis: Recommend approval of balancing Change Order#4 in the amount of a$0.00 increase. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: col o� Memorandum EST. 1 - 1836 To: Brendan McLaughlin, City A ministra .� From: Joe Wywrot, City Engineer � o � 9 �. p CC: Lisa Pickering, Deputy City C k <�E Date: November 12, 2009 Subject: Fox Road LAPP Project—Change Order#4 Attached find one copy of proposed Change Order#4 for the referenced project. This change order, in the amount of a$0.00 increase, is for changing the size of stone riprap used at the new 54" culvert between the White Oak Estates and River's Edge subdivisions. The specified stone has a 16"nominal dimension, while the stone actually used has a 12"nominal dimension. The quarry used by the contractor did not have 16" stone but did have 12" stone,therefore we told the contractor that the 12" stone was acceptable. Since this is a LAPP project,however, we need to formally amend the quantities via change order to reflect the material actually used. I recommend that Change Order#4 for the Fox Road LAPP Project(1DOT Contract#87377) in the amount of a $0.00 increase be approved. Please place this item on the November 17, 2009 Public Works Committee agenda for consideration. ® Illnc Departnmt Authorization No. 4 Authorization of of Transportation Sheet i of 1 Contract Changes Date: 11/11/2009 ❑J Contract Adjustment DV FHWA-Exempt County: Kendall ❑ Operational Change Order [] Non-Exempt Section: 08-00037-00-RS (Yorkville) ❑ Non Operational Change Order ant u nslt O❑ Cos E] Major Change Route FAU 2516 (Fox Road) ❑ I nult Minor Change District: 03 Contract: 87377 Job No.: 09302009 Consultant's Name: Engineering Enterprises, Inc. Project No.: M-9003(17) Contractor: Aurora Blacktop Address: 1065 Sard Avenue Montgomery IL 60538- The following change from the plans in the construction of the above designated section of highway improvement is authorized and directed. The estimated quantities are shown below at the awarded contract prices except as indicated. The first addition of an item not in the original contract under the fund type or county is indicated by an asterisk. Item No. * Cat IPay Item Unit I Quantity Unit Pr nF Deduction FA ID: L23OU01 CCS Code 093I00 28100107 33 STONERIPRAPCLA4 SQ YD 12.000 30.0000 D $0.00 $360.00 X9300400 * 33 STONE RIPRAP CL A3 SQ YD 12.000 30.0000 A $360.00 $0.00 Amount of Original Contract: $369,895.80 Totals: $360.00 $360.00 Net Change To Date: $101 ,039.96 Percent Change: 27.32% Net Change: 0.00 Project Location: Fox Road Illinois 47 to Poplar Drive THE STATE OF ILLINOIS By the Department of Transportation Description This change is requested to substitute class A3 riprap in and Reason: lieu of class A4 ripmp used at the new pipe culvert installation at station 26+90. Gary Hannig, Secretary Date By Christine M. Reed, Director of Highways,Chief Engineer Determination: (Gi) The undersigned determine that the change is germane to the original contract as signed, because Ann L. Schneider, Director of F&A provision for this work Is included In the original contract. Date Ellen schanzle-Haskins, Chief Counsel Date Date Deputy Director Division of Highways Regional Engineer Supervisor: Herb Jung Supervisor Date Date Engineer of Construction Resident: Joe Wywrot Date Director of Highways Chief Engineer Resident Date r! rlfo9 FHWA Acceptable to Proceed: ❑ Yes ❑ No FHWA Participation: ❑ Yes ❑ No FHWA Representative Date Print Date: 11/11/2009 BC 22 (Rev. 06109) 11/09/ 2009 17: 06 6308923481 AURORA BLACKTOP PAGE 01 /01 °ORIGINAL" Project No.: AURORA BLACKTOP INC ASPHALT PAVING OF ALL TYPES a ROAD OILS EXCAVATING AND GRADING 1065 SARD AVENUE • MONTGOMERY, ILLINOIS - 60538 PHONE 630-892-9369 FAX 6304924481 DATE: 1102009 Engineering Enterprises, Inc. Phn: 630.46&9350 52 Wheeler Road Fax! 630466-9380 Sugar Grove, IL 60554 Dear Sir: Attn: Jerry RE: Fox RoadNorkville The undersigned proposes to furnish all materials & perform all labor necessary to complate the following: Agreed to Unit Price: Fumish and Install RR3 RAP 12 SY @ 30.00 SY $360.00 Billing by actual units used _ Terms: Net 30 The buyer hereby waives trial by jury in any litigation arising out of this contract, The buyer hereby voluntarily and expressly agrees that venue may be had in Kane or Kendall County, Illinois, at sellers election. Attorney's fees and costs incurred by contractor shall be paid by buyer. Any alteration or deviation from the above specifications involving extra cost of material or labor will only be executed upon written orders for same, and will become an extra charge over the sum mentioned in this contract. All agreements must be made In writing. The contractor agrees to carry Workmen's Compensation and public liability Insurance, also to pay all sales taxes, old age benefit and unemployment compensation taxes upon the material and labor furnished under this contract as required by the United States Government and the State in which this work is performed, Respectfully Submitted, Steve Jacobson Contractor ACCEPTANCE You are herby authorized to furnish all materials and labor required to complete the work mentioned in the above proposal for which the undersigned agrees to pay the amount in said proposal, and according to the terms thereof. Date zoos `,��eo C/p Reviewed By: Agenda Item Number T Legal ❑ �j it Finance ❑ EST. , '�y�l Z `� 1836 Engineer ` eg City Administrator Tracking Number Consultant ❑ Agenda Item Summary Memo Title: River Road Bridge—Weight Limit Ordinance Meeting and Date• November 17, 2009 Public Works Committee Synopsis: This ordinance establishes weight limits for the River Road Bridge over Blackberry Creek. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: `,,,ED Cl p 0 Memorandum EST. 1 1836 To: Brendan McLaughlin, City A inis .4 ^� From: Joe Wywrot, City Engineer O W 9 p CC: Bart Olson,Assistant City A istr r E`;��? Kathy Orr, City Attorney Lisa Pickering, Deputy City Clerk Date: October 30, 2009 Subject: River Road Bridge—Weight Limit Ordinance Attached find a proposed ordinance establishing weight limits for the River Road Bridge over Blackberry Creek. IDOT has advised us (see attached letters) that this bridge should be posted due to the new state law increasing the maximum vehicle weight to 80,000 pounds on January 1, 2010. The existing bridge has been rated "poor" due to the condition of the west abutment and the deck beams. The posting is a direct consequence of the condition of these bridge elements. 1 recommend that this ordinance be approved, subject to review by the city attorney. Please place this item on the November 17, 2009 Public Works Committee agenda for consideration. Ordinance No. 2009- AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, BY THE ADDITION OF WEIGHT LIMITS ON CERTAIN HIGHWAYS WHEREAS, the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, have adopted the Illinois Motor Vehicle Code (65 ILLS 5/1 - 100 et seq.) which establishes gross weight restrictions on certain roads and highways and imposes wheel and axle loads for commercial vehicles and trucks; and, WHEREAS, the Mayor and City Council of the United City of Yorkville have been informed by the Illinois Department of Transportation of the State of Illinois ("IDOT") that the maximum legal weight limit for commercial vehicles and trucks will be increased from 73,280 pounds to 80,000 pounds effective January 1 , 2010; and, WHEREAS, the Mayor and City Council of the United City of Yorkville have been informed by IDOT that the River Road Bridge over Blackberry Creek must not carry loads greater than the current maximum legal weight limit of 73,280 pounds due to its condition; and, WHEREAS, 625 ILLS 5/15-316(c ) of the Illinois Vehicle Code permits local municipal authorities, with respect to highways under the jurisdiction of the United City of Yorkville, to impose wheel and axle loads and gross weight limitations on trucks and other commercial vehicles on designated highways; and, WHEREAS, in order to protect the health and welfare of the residents of this City and maintain certain roads and bridges, the Mayor and City Council hereby adopt the weight prohibitions as hereinafter set forth. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section L Section 6- 1 -6 of the City Code is hereby amended by replacing paragraph A thereof with the following: A. The wheel and axle load and gross weight restrictions contained in 625 Illinois Compiled Statutes 5/15- 111. , as amended from time to time, are hereby adopted by Yorkville as if set forth verbatim herein, provided however that the River Road Bridge over Blackberry Creek, identified by the Illinois Department of Transportation as Structure 04-3007, shall have a weight limit of 22 tons for Single Unit Vehicles, 29 tons for Combination Vehicles with 3 or 4 axles, and 36 tons for Combination Vehicles with 5 or more axles. Section IL All ordinances or parts of ordinances conflicting with any of the provisions of this ordinance shall be and are hereby repealed. Section X. This Ordinance shall be in full force and effect from and after its passage and approval as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois, this day of , A.D. 2009. ROBYN SUTCLIFF GEORGE T. GILSON, JR. ARDEN JOE PLOCHER DIANE TEELING GARY GOLINSKI MARTY MUNNS ROSE SPEARS WALLY WERDERICH APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of A.D. 2009. Mayor Attest: City Clerk Illinois Department of Transportation 2300 South Dirksen Parkway / Springfield, Illinois / 62764 August 24, 2009 Bridge Rating K ¢- \N Grundy County - City of Yorkville Structure Number: 047-3007 Mr. Joe Wywrot Municipal Engineer City of Yorkville 800 Game Farm Rd. Yorkville, Illinois 60560 Dear Mr. Wywrot: In accordance with your request, Section 15-317 of the Illinois Vehicle Code and our bridge re-rating initiative as described in County Engineer's letter #96-11 , we have completed the rating of the subject structure. The inspection was performed by Mr. Jeff Burke and Mr. Jeff Wood of this office. The results are: STRUCTURE GOVERNING INVENTORY OPERATING REQUIRED NUMBER MEMBERS RATING RATING POSTING 047-3007 Masonry HS 10.8 HS 18.0 NONE Abutment PPC Deck HS 20.0 HS 33.2 Beams The governing members should be given special attention during all future inspections, as they are the weakest structural elements. For this structure, Special Feature Inspections must be performed at 6 month intervals, and after heavy rainfall events, to monitor the masonry abutment. Special attention should be given to the concrete cap. If vertical cracks develop or the existing cracks expand, please contact this office for re-evaluation of the structure, as stability may become an issue. In addition , NO OVERWEIGHT PERMIT LOADS should be allowed on this structure. This office has coded ISIS item 70 as 1", and ISIS Item 70A1 has been coded as "LL". Please be aware that on January 1 , 2010, new statutes become effective that increase the maximum Illinois Legal Load to 80,000 pounds on all roadways. At that time, this structure will require a load posting. We expect that additional information will be provided by a Bureau of Local Roads and Streets Circular Letter describing necessary actions for structures requiring posting due to the new statutes. Mr. Joe Wywrot Page 2 August 24, 2009 Special Feature Inspections: Included is a Special Feature Inspection (SFI) Report form (BBS SFI-1 ) for this structure. After each SFI has been completed, please fill in the appropriate information and submit to the IDOT District Office in Ottawa so they can update the ISIS. Failure to perform any Special Feature Inspection may result in posting or closure of the bridge. The rating notes and photographs are attached for your files. Any inquiries regarding this rating may be directed to Mr. Jeff Burke of the Local Bridge Unit at 217/785-8668. Very truly yours, Ralph E. Anderson Engineer of Bridges and Structures 0, em / By: Carl Puzey 8 Structural Services Section Chief JCW/sah0473007-20090824 cc- George F. Ryan , District 3 / Attn: Kenneth R. Lang I'"" 'U lilinooLs Department of Transportation 2300 South Dirksen Parkway / Springfield, Illinois / 62764 September 24, 2009 CIRCULAR LETTER 2009-13 BRIDGE POSTING WITH 80,000 POUND LEGAL LOADS COUNTY ENGINEERS/SUPERINTENDENTS OF HIGHWAYS MUNICIPAL ENGINEERSIDIRECTORS OF PUBLIC WORKS CONSULTING ENGINEERS This Circular Letter (CL) provides information to local agencies and others regarding recent legislation, which affects the maximum legal weight and width of trucks operating on Illinois highways. Public Act 96-0034 (HB 255) and P.A. 96-0037 (HB 2424) became law on July 13, 2009 and will take effect on January 1 , 2010. These Public Acts increase the legal load on all Illinois highways to 80,000 pounds. Additionally, P.A. 96-0220 (SB 1450), allowing vehicle widths up to 8'-6" on all Illinois highways, became law on August 10, 2009 and will also take effect on January 1 , 2010. Although this legislation affects truck widths on all highways in Illinois, no directives are currently offered by the department, LEGAL LOAD ONLY HISTORY. Pursuant to P.A. 93-0971 , which allowed the issuance of long term permits, the department on August 30, 2004 Issued CL 2004-12, located at http:/Iwww.dot.ii.nov/bir/manualslcl2004-12.odf, Prior to issuing CL 2004.12, a structural assessment of the bridge inventory was performed by the Illinois Department of Transportation (IDOT) to evaluate the load- carrying capacity of the bridges listed In the Illinois Structure Information System (ISIS). This assessment resulted in a list of structures that can carry routine traffic within the limits specified for legally configured vehicles by the Illinois Vehicle Code, but cannot routinely carry the overweight permit vehicles allowed by that legislation. These structures are commonly referred to as "Legal Load Only" (LLO) bridges. Based on this assessment, CL 2004-12 established a list of structures that is maintained on IDOT website under Public Partners/Resources for Local Agencies at http:l/www.dot.ii.00v/blr/LLOBridoeL!st.pdf. LLO LIST UPDATES. It is important to note that this LLO list is provided at a certain point in time, and the website is not updated routinely. The department provides revised load ratings to local agencies via rating letters. Local agencies should update their list of posted and LLO structures upon receipt CIRCULAR LETTER 2009.13 Page Two September 24, 2009 of these rating letters. However, with the issuance of ratings letters, the department routinely updates the coding for ISIS item 70 as "L" and ISIS Item 70A1 as "LL" for LLO structures. Local agencies may query SIMS - County at ham://www.dot,il.gov/sims/sims.html for revised bridge information. POSTING LLO STRUCTURES. With the enactment of P.A. 96-0034 and P.A. 96.0037, the department has determined, based primarily on structure condition and volume of trucks, that a number of LLO structures will require load posting starting January 1 , 2010. We anticipate such structures will be posted at 22 tons for Single Unit Vehicles, 29 tons for Combination Vehicles with 3 or 4 axles, and 36 tons for Combination Vehicles with 5 or more axles. As the inventory of LLO structures is continuously updated by load ratings performed by the department, local agencies will be notified later this year of structures requiring the above posting. LLO STRUCTURES TO REMAIN. LLO structures not requiring a load posting will remain on the LLO list. Overweight vehicles should not cross LLO bridges, and permits allowing travel over these bridges should not be issued. Vehicles traveling with annual permits must obey posted weight limits. Although not required, weight limit signs erected adjacent to LLO bridges will alert vehicles operating under a single trip or annual permit of the need to use an alternate route. Such signs allow law enforcement to discern that overweight permit vehicles should not traverse the LLO structure. At their discretion, the local agency may erect weight limit signs at the structure. If signs are erected, we recommend the signs specify a limit of 10 tons per axle, 40 tons gross vehicle weight. Attachment A provides information for a typical "LLO" sign. LLO structures will not be subject to the department's policy for Posting and Closure Review, STRUCTURE LOAD RATINGS. Since 2004, the department has made a concerted effort to reduce the LLO list by inspecting and re-rating structures on the LLO list. However, due to the volume of re-rates and the department's limited resources, a significant number of structures has not yet been inspected and analyzed. If a local agency wishes to verify a load rating, it may request a re-rate by contacting the Local Bridge Unit (LBU). The LBU can advise if rating history is available and if the department can perform a rating in a timely manner. Alternatively, the local agency may employ a licensed structural engineer to perform load ratings of structures under its jurisdiction. However, the department's concurrence must be obtained in accordance with the Illinois Vehicle Code, 625 ILCS 5/15-317. This includes any bridge or other elevated f / CIRCULAR LETTER 2009-13 Page Three September 24, 2009 structure constituting a part of a highway that is not subject to the National Bridge Inspection Standards (NBIS), such as those structures with lengths less than or equal to 20 feet NON-NBIS STRUCTURES (STRUCTURES <_ 20 FEET). Structures less than or equal to 20 feet are not subject to the NBIS, and therefore, are of particular concern . These structures are under the authority of the department when establishing weight limitations. It is important that local agencies Inspect such structures for deficiencies that may affect load capacity. Requests for load ratings for these structures should be made using the Bureau of Local Roads and Streets' form BLR 06510 "Local Agency Load Rating Request," located at htta://www.dot.il.gov/bir/tArforms.htmi and may be directed by the local agency (through the County Engineer for non- municipal agencies) to the Local Bridge Unit, generally through the District Bureau of Local Roads and Streets. The provisions noted above regarding department availability due to the department's limited resources apply. If you have any questions, please contact Mr. Jim Klein at (217) 782-5928. Sincerely, Ralph E. Anderson, P.E., S.E. Darrell W. Lewis, P.E. Engineer of Bridges and Structures Acting Engineer of Local Roads and Streets Attachment cc: Dan Brydl, FHWA - Illinois Division Gary Iles, Illinois Department of Natural Resources Elias Ajami, Illinois State Toll Highway Authority Bryan Smith, Township Officials of Illinois Les Hlld, Township Highway Commissioners of Illinois (Mt. Pulaski, Logan County) r BLRS CIRCULAR LETTER 2009-13 ATTACHMENT A ILLINOIS STANDARD R124108 3.5" EIGHT LIMIT 4"c 2.5'• 10 TONS MLE 4 C 24" F40 TONS GROSS 2.5" 4"C 3.5" 3612 Black on white (retroreflective) 0.625" border 0.375" margin 1 .5" corner radius NOTE: This sign is similar to the national standard R12-4 with the second line modified by elimination of the "PER" to shorten the line to better fit the sign with the two digit number. Also, note that the first line on the national standard Is not drawn to scale. Illinois of ran rt ' 2300 South Dirksen Parkway / Springfield, Illinois / 62764 October 30, 2009 Bridge Posting Kendall County — City of Yorkville Structure Number: 047-3007 Mr. Joseph Wywrot Municipal Engineer City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 Dear Mr. Wywrot: In accordance with Section 15-317 of the Illinois Vehicle Code and Bureau of Local Roads and Streets Circular Letter 2009-13, the subject structure will require a load restriction . A copy of CL2009-13 maybe found on the IDOT website at http://www.dot.il .gov/blr/manuals/infocilist.html. The posting requirement will be as follows: SINGLE UNIT VEHICLES 22 TONS COMBINATIONS 3 OR 4 AXLES 29 TONS 5 OR MORE AXLES 36 TONS The postings must be done by January 1 , 2010 to ensure the safety of the traveling public, and must be done in accordance with the Manual on Uniform Traffic Control Devices for Streets and Highways. These requirements are summarized in the IDOT Structure Information and Procedure Manual, which is available on the IDOT website, under the description for Item 70A2 (Posted Single Unit Vehicle Weight Limit). When the postings have been completed, please update the official Bridge Inspection Report (IDOT Form BBS-BIR-1 or BBS-BIR-2) in your files, with condition ratings and actual postings revised to reflect the current field status. In addition, SUBMIT AN UPDATED "INSPECTION / APPRAISAL REPORT' (RIS- S104 or S-104) TO THE IDOT DISTRICT OFFICE in Ottawa in writing by January 15, 2010, with condition ratings and actual postings revised to reflect the current field status. They will then enter the actual field postings in the Illinois Structure Information System (ISIS) and verify the accuracy of the bridge status codes. As of January 1 , 2010, we will enter the required postings in the Illinois Structure Information System (ISIS). Mr. Joseph Wywrot Page 2 October 30, 2009 The posting requirement is based on the truck traffic and condition ratings in the Illinois Structure Information System as of October 1 , 2009. If any work has been completed to this structure that may affect the load capacity that our office has not been notified of, please work with District Local Roads personnel to request a re- evaluation. Please forward the findings of this letter to highway officials as appropriate. If it becomes apparent that a highway official will not take the necessary action to satisfy the posting requirements mentioned herein, you should notify our office as soon as possible. Any inquiries regarding this posting may be directed to Mr. Jeff Burke of the Local Bridge Unit at 217/785-8668. Very truly yours, Ralph E. Anderson Engineer of Bridges and Structures By: Carl Puzey Structural Services Section Chief JSB/kkt0473007-20091030 cc- George F. Ryan, District 3 / Attn: Kenneth R. Lang C/r` Reviewed By: Agenda Item Number J2 �` T Legal ❑ MB Ear. , ®yeas Finance El y�o9 Engineer Tracking Number City Administrator ❑ Consultant o PW � <ILE \\. Agenda Item Summary Memo Title: IDOT Agreement—Rt.34/Sycamore Traffic Signal Meeting and Date: November 17, 2009 Public Works Committee Synopsis: Propose to extend the existing MOT agreement to allow the temporary traffic signal to remain in service until May 1, 2011. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: `'< D CITY O� Memorandum EST. , 1636 To: Bart Olson, Assistant City Al atgr ^ .4 ^� From: Joe Wywrot, City Engineer VU ' O _ �. p� CC: Lisa Pickering, Deputy City C1 Eric Dhuse, Director of Public Works Date: November 3, 2009 Subject: IDOT Agreement—Rt.34/Sycamore Traffic Signal In November 2007 the city and IDOT entered into an agreement that allowed for the construction of a temporary traffic signal at the Route 34/Sycamore intersection. The agreement also required that the temporary signal be replaced with a permanent signal no later than May 1, 2010. Recently we inquired with IDOT to see if they were willing to extend that deadline to May 1, 2011. IDOT is amenable to our request subject to the condition that the city assumes 100% of the maintenance cost effective May 1, 2010. Currently IDOT pays for 2/3 of the maintenance cost. This traffic signal has required maintenance work regarding video detection, tether wires, and signal head mountings since it was constructed. The video detection problems were handled as warranty work. Our current budget includes $30,000 for the design of the permanent traffic signals. Construction of the permanent signals estimated to cost$200,000 would occur next fiscal year. I recommend that we agree to IDOT's terms and extend the agreement regarding the temporary signal for one year, and that we also budget an additional $2500 next fiscal year for maintenance of this traffic signal. Please place this item on the Public Works Committee agenda of November 17, 2009 for consideration. Page 1 of 2 Joe Wywrot From: Mestelle, Dan L [Dan.Mestelle @illinois.gov] Sent: Thursday, October 08, 2009 2:51 PM To: Joe Wywrot Cc: Powell, Rick ; Paukovitz, Louis J ; Devine, Daniel M; Norris, Warren E; Brendan McLaughlin Subject: RE: Rt.34/Sycamore - temporary traffic signal We will agree. From: Joe Wywrot [mailto:]Wywrot @yorkville.il.us] Sent: Thursday, October 08, 2009 2:43 PM To: Mestelle, Dan L Cc: Powell, Rick ; Paukovitz, Louis J; Devine, Daniel M; Norris, Warren E; Brendan McLaughlin Subject: RE: Rt.34/Sycamore - temporary traffic signal Dan, We have discussed this issue internally and would still like to extend the agreement to 5/1 /2011 . The city would agree to assume 100% of the temporary signal maintenance cost beginning 5/1 /2010, and continuing until the permanent traffic signal is operational . The new signal would have detector loops. Joe Wywrot Yorkville City Engineer (630)553-8527 (630)553 -3436 fax (630)878-2021 mobile From: Mestelle, Dan L [mailto:Dan.Mestelle @illinois.gov] Sent: Thursday, October 08, 2009 11 :31 AM To: Joe Wywrot Cc: Powell, Rick ; Paukovitz, Louis J; Devine, Daniel M; Norris, Warren E Subject: RE: Rt.34/Sycamore - temporary traffic signal The Department is willing to extend the agreement till May 1, 2011 but are not receptive to continue receiving a share of the cost to maintain a system that has not been functioning well. In the last month or so we have seen : 1. The 5-section head come down to the ground 2. The tether wire broke 3. The NE camera was replaced for the second time 4. All cameras (3) have been replaced one time. It is obvious we are not happy with the results we have obtained from the camera detection , not only at this intersection but throughout the District and would be looking for loop detection with the permanent signals. Please investigate the condition of the existing signals an let me know how you would like to proceed . From: Joe Wywrot [mailto:JWywrot @yorkville.il.us] Sent: Friday, October 02, 2009 4:22 PM To: Mestelle, Dan L Cc: Brendan McLaughlin Subject: Rt.34/Sycamore - temporary traffic signal Dan, 11 /3/2009 Page 2 of 2 IDOT and Yorkville entered into an agreement in November 2007 regarding this traffic signal. The agreement called for a permanent traffic signal to be in place by May 1 , 2010. With the economic downturn the city's revenues are down significantly, and we would like to amend the agreement to allow the temporary signals to remain in place for at least another year. To the best of my knowledge the signal continues to function well. Please let me know if IDOT is amenable to this. Thanks, Joe Wywrot Yorkville City Engineer (630)553 -8527 (630)553 -3436 fax (630)878-2021 mobile 11 /3/2009 `�6�0 CIP Reviewed By: Agenda Item Number J2 0� Legal ❑ K�b jl Finance ❑ Esr. 1 ` isas Engineer El Tracking Number City Administrator ❑ 9 a m�roi =O Consultant ❑ P l a�� _ 119 .<an ❑ Agenda Item Summary Memo Title: Resolution of support for joint cogs water supply planning group Meeting and Date: Pw committee November 17, 2009 Synopsis: Resolution of support of the position paper for the joint cogs water supply planning group Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: positive Council Action Requested: Pass resolution Submitted by: Eric Dhuse Public Works Name Department Agenda Item Notes: JOINT COGS WATER SUPPLY PLANNING GROUP Position Statement Introduction: As the primary water suppliers in the region, municipalities recognize that water supply planning is a priority. Recent research conducted in conjunction with the Northeastern Illinois Regional Water Supply Planning Group process has highlighted areas of concern and projected potential water shortfalls in some areas before 2050. In order to responsibly respond to the water supply challenges of the future, the "Joint COGS Water Supply Planning Group" has adopted the following planning principles. Planning areas should be thoughtfully determined based on similarity of available resources and sensible geographic boundaries. Justification: • Due to the diversity of the region's water sources, it makes little sense to conduct water supply planning for the Fox River or the deep or shallow aquifers the same as one would for Lake Michigan. • Water sources do not follow the political jurisdictions of municipalities, townships, counties or even the state. Any planning group(s) created should be advisory in nature and the majority of the membership should be comprised of representatives from Public Water Supply Agencies. Where governance is contemplated, a similar composition of a majority of representatives from Public Water Supply Agencies should be adopted. Justification: • Municipalities are the major suppliers of public water, and, as such, are a vital resource of knowledge and expertise. • Municipalities have made large public investments and own and operate the water infrastructure. • Municipalities have land use planning authority and expertise. Any future water supply planning efforts must have a strong educational component. Justification: • Education is key to advancing the understanding of the challenges municipal suppliers face in meeting future water demands. • Education is essential to the public's acceptance of water-related policies, best practices and measures that may affect the individual. Recent regional and local water planning initiatives should continue and be taken into account by new water supply planning efforts. Justification: • The substantial investment that has already been made in studying water science, challenges and solutions should not be wasted. • This detailed information reveals local and regional water supply conditions, providing a foundation for planning and targeted response. coT Reviewed By: Agenda Item Number J= s 0n Legal ❑ ^ l # 5 EST. 1e36 Finance E] IU Engineer ❑ 4 I� City Administrator F1 Tracking Number Police ❑ <CE `��. Human Resources El P W ,� �- c) Public Works ❑ City Council Agenda Item Summary Memo Title: Ordinance approving the intergovernmental agreement establishin the Northern Illinois Municipal Natural Gas Franchise Consortium City Council/Committee Agenda Date: Public Works—November 17, 2009 Synopsis: See attached memo. Council Action Previously Taken: Date of Action: N/A Action Taken: Item Number: - Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Bart Olson Administration Name Department Agenda Item Notes: Attorney Orr has not reviewed the agreement prior to its placement in this packet, but I will have her review it before Tuesday's Committee meeting and will present her report verbally at the meeting. cir, Memorandum To: Public Works Committee EST. -1 1836 From: Bart Olson, Interim City Administrator CC : � W Date: November 13, 2009 Subject: Nicor Natural Gas Franchise Agreement LE Our natural gas franchise agreement with Nicor expires in April 2010. This agreement was entered into in April 1960, and had an original term of 50 years. Typically, the City would renegotiate or extend this franchise agreement. However, dozens of other suburban municipalities entered into franchise agreements with Nicor around the same time, and are also looking to renegotiate with Nicor. Our council of government (COG), MetroWest, has been in discussion with the DuPage Mayors and Managers Conference over a coordinated effort to renegotiate franchise agreements. Several other COGS banded together to begin negotiations on one universal franchise agreement. These COGS reached out to MetroWest municipalities for their interest in participating, which resulted in this agenda item. Participation in the partnership requires a $500 payment to offset attorney' s fees and the passage of an intergovernmental agreement, which is included within your packet. The COGS will then coordinate to negotiate a universal franchise agreement which will then be distributed to participating municipalities for adoption. There is some expectation of additional attorney' s fees that will be split between all participating once negotiations get further, but there is very little possibility that those additional fees would extend beyond an additional $500. Compared to the cost of negotiating with Nicor by ourselves, a total figure of $ 1 ,000 would be a huge cost savings to the City. Finally, the completion of coordinated negotiations is expected in late Summer 2010. While this completion is beyond our current franchise agreement' s expiration date, I have received confirmation from the DuPage Mayors and Managers Conference that this shouldn't create any problems for us. In fact, there are cities currently participating in the partnership that already have expired franchise agreements. For all of the reasons discussed above, I recommend approval of the intergovernmental agreement establishing the Northern Illinois Municipal Natural Gas Franchise Consortium. -P OAS ORA)ZAADISS ®p An OIDINABOR ANTNORIZINO NORTH ILLINOIS OAS CO A Zs ITS SVOO&B8083 AND A8SI8<BB , 20 COKST$NOV0 OPQSaTS AND bUINTAIN A OAS DISTRIBUTING SISTER IN AND !KRONOR TAX NNITBD OITT OF INS VILLAQZ Or SO ILLBs ZLLINOIB . N$ IT ORDAINED NI ?as OITZ CONNOIL OF T8$ ONITSD OI ?I OF TB& VILLAON OF IORKTZLLBs ILLIKOISS simian 1. That the rights poralsolos and authority be ass. the game ars boroby granted to NORTMERN ILLINOIS OAS COUPANIs an Illinois eorperatioas its eeocesoers and aselgass ( hereinafter reforred to as tbo agv&A%ee ® ) , to constructs opera" and saiatats in and through TED NBITRD CITZ OF IRS VILLAOS Or TOSSVILLBs ( hereinafter referred to as %ba •banisipmlity® ) . in the state of Illinois , for a term of Fifty ( 59 ) years , & syston for the preduotiaas distributies and sale of gee for fuels beatingo processing and other purposes within and oatoido the corporate limits of the Haaloip611179 and to construets lays aaistais gad operate snob gas pipe* , Mass conductors and etbor aeries* , apparatus and egaipaest as nay be neegssary or aoaveniest for seek 67stss . ias aa+dors along and across each and all of the ®tracts, &11679, aysaues and other public p149e0 in the nesiaipalitys sabjeet to the eoaditiosa and rogulatiaae hereinafter met fortbo SBOTZON to All pipes , amass oosdusters and other &ppliaaooss iselsdiag connections sith service pipes , koro&ftor laid is atroatss alloys, avenees or *%hot publie pleases shall be laid under the oeparvision of the Csanittss On streets and Allars of the %F3 TS : ST ([3M ZO / ZZ/ SO Kuniaipal.itys or much other duly authorised agent at the Kuaimipalitr as the City Coansil way free tine to time dosignatew ill piposs as s Goodustorm othor . appliances shall be as located as cot to injure uaaososo 1y any dralams sowerss catch basics® water piposs pavommito or other like public inkp"reftanzov but should our drains mowers match baoias water pipes pave at or other like public Improvement be injured by sack location* tb• Grantee shall tgrtkwith repair tks dAA&9O caused by much I&J's" to the Batistoctioa Of the Gonnittes an streets and ®210700 or Bush other duly authorisod agests as the ease mar bes sad in d►faalt thereof the Municipality may repair snob damage and oharse the cost thereof too cad solleot o s Irani tke Grantee . The areatoa shall be sab$oot to all roc able rmg%l&,bjqMO whioh may now or hereafter be proscribed by Qoaoral erdiaoace of the faaiaipality with r►speet to tbs sac or the public streets.# alleyss svessom and other public places of the s4,pality. SECTION 39 The Grantee shall Lud0m&tre bosoms resposaipIO for and Samovar s►s► harnIggg the kaaioipalitr from any sad all judsaentgA dan&g@gs dsare►s • soots sad espaasess. including attorsersa Peeps which the Manialp&ILty May legally matter or iae.urs or which car be legally obtaiaod against the Kuaicipalitys for or by zoasoa of the use mad occupation of any streets alleyo evenue or other public place is the Rujaielpal ity by the Crantoc pursuant to the terms of this Ordinance or legally resulting frog the, appraise W the Grsatoe of car of the pulkftleges heroin grantods said as additional scouritr tberefcr the Grantee shall® during the life of this ordlaaaoes keep on file with tkc City Clark of the Kaat►ipality a good And su.ffieiomt %V3 TS : ST aaM ZO /ZZ/ SO band in the , penal pan of Five Thousand Dollara. ( 650000 ) p conditioned to protest and &RAOSS&SY the nuwieipalitT as i& this, moctioa previdedo and maid bond shall be subject to the approval of the 01tr 4ossoil of the Naaie'ipalityo and the haaloiPality shall have the right grow tine to tiaao whenever is the .®pinion of said City Conned the same Mar be &moisoaryp to require the arrant►e to rouse Or provide bional or other sosuri.ty . oa *aid bead .. EYOTIOU i►. Aster the passage of this ordlasa000 and with!& thirty , ( 30 ) days after pasmageo this ordLmaaeso if aceeptedo shall Ds asaeptod. by the Grant" br its tiling with the Citr Clorh of the Xsnjq&V&jt%y as usmenditis written oaeoptaaee her**to to be dulr s:solttod .asoor89sg to lewp wA a failure of the Grantibe to we assort thit ordinaaoo within said period of ties shall be 4eeaed a resoetioa beroot by tba sraatsoo mad the rights mad privilogos h'orsia , granted shall after the ezpiratles Of Bald period of Vhir1y. ( 30 ) darn, it not a*eoptedo . absolutely seaae and dotoralaeo salads •aid par' od of %,ne , alall be, ezt`aded by the hasiaipaliir by or.dinawas dnlr VU88sd for EhaE . parpoo* . and bete" thm oapiratiom of aaii pstled of thirty ( 30 ). days . :. SACTION . 5 • All provisions Of this ordinance wbiah era obligatory agoso , or wbish i&nr* to the tit *to oat* Northern Illinois ass Company shall also be obligatory upon mad shall inure to the bsasfit of any and all sucoosaers mad assigns of Baid Cospaurp oad . tha word ®Orantoes wherever a"orring. in thin, ordinance *bell inalsde end be taken to aomn not call said Northers Illinois .Gas Oswpa&Tp but 9100 seek sad ell of @ash , suesssmors and asaigame rev . n.i__ecn_ rnt XVd TS : ST aHM 90/ZZ /20 SICTIOa 6o Tbis ® Asaaas if asaoptod by the Orestes an bere3a®baee PrOWL69do shall be LE rail garde and offset sm and after 21191 of Aorll sad free and after the ettsatlre date shall .sapersedof causelm, repeal am& Da in Use of unr and all other azletLng or prior grants of right ® peralesten and aa&.horitr to said . Orawtes er any predowessor aoapaaiae or aselguorO of tho Oranteo to strast® operate and a"U'Lala anp s:etem tar the pe otloas dtstrimmUon WRIS of gas for taala hsattsgs PrOces"ag and other, wes ai a and aatside the corporate 14alts of thie Manisipslitys inoltdlag the meroagba thereof& and thle ordlaanse . ehall lirowlso sanosl all of. %he obligatioae Under said osiwtiag or prior graatso PASSab 21 TIME CITI COBBOIL Or TME VISITS OITY Or 293 YILLAOE Or TO U s ILLING13v Tula 21st DAY or A 3.1 s A.Bo ls6•e � . Wayne Ca Larson ♦PPDOY$D BI . TaD zAJOR OF Ta8 BEITSD CITY OF THE Vl"&GY OF TORIVILLXV ILLINCISS Tula 218t DAY Or Agril s AoDo IP60o la/ 'Sllsvorth P . Wiradett ��ayer ( goal ) . ATTBBls e Wa a C . T.araoa y • - . • ^rvu nn�--cv�- TN $Pd ZS : ST aaM 90/Z7 / S0 swArm of I 8414 ) CownTy or Kama&" HBIrgH CZY.Y Of THE Vx"Aax Or TO YZLLE City Clark of The vsated. City of the Village of 2orkwilloo Illineio ® do hereby Corti.cy . that the forogoiag to a true and eorroat oopr of an ordinasso dmay passed by the City Cassell of said 0117 on the 21st day at April . Aso. 1960 ® and duly approved by %to mayor of said City on the 21st day at nori a A . D . 1968' the Original of vhiah Ordinance Is now on file in my off lea . I do further mortify that I an the legal ount"Lam of all pepars ' aoatraotas doowments and rooards of said City . WIT8S6g or hand and $be affioial goal of said City this 21st day of April y f.B • 1960. fe/ Wayae C . Lareoa __ - City Clerk Torkvills . Illinois Address ( glal ) OK as to form 3;/ 20/60 R . C .B . . onn rfi ' 732I ' A09- -SN9- IN XN3 zs : sT C3M 90 / 99 / 20 FAX COVER SHEET G A 5 Nlcor Gas Date: May 22, 2002 1238 .� /�/�- Phone To; le Z-1 5 Fax Fax: 630-553-7575 From: Shirley Moy-Lee Phone: 630-983-8676, ext. 2827 Pages: 6 COMMENTS Per your request, following is the franchise agreement for the U � of Yorkville. Please do not hesitate to call me if you have any questions. • -*vv • ann--cNn— inr X @3 09 : 2T a3A1 zo/ZZ /20 Natural Gas Franchise Consortium Draft Intergovernmental Agreement Summary of Key Terms The Consortium' s Steering Committee has prepared a draft Intergovernmental Agreement creating the Northern Illinois Municipal Natural Gas Franchise Consortium. The Agreement defines the Consortium 's membership, creates structure and procedures for doing business, provides for management of contributed funds, and sets standards for withdrawal and dissolution. This joint effort will give participating municipalities greater negotiating power with the natural gas utilities and will reduce the cost to each municipality of drafting, negotiating, and finalizing a new gas franchise. Here is a list identifying key terms (with references to the draft Agreement in parentheses) : • Each municipality that signs the Agreement and makes the first, nonrefundable $500 payment becomes a Member of the Consortium (Preamble). • Each Member designates one of its key officials as its representative to the Consortium (§ 313). • Key decisions and day-to-day operations of the Consortium are handled by a Steering Committee (§ 3C). • Steering Committee responsibilities include preparation of a draft franchise agreement, negotiation of that agreement with the gas companies, and decision- making on behalf of the Consortium (§ 30). • The Steering Committee will meet periodically (§ 3C5). All Consortium Members will get notice of, and may attend, Steering Committee meetings. • The Consortium will meet as a whole at least twice, and more as determined by the Steering Committee (§ 3C6). The first meeting will be to obtain concurrence regarding the draft franchise agreement to be negotiated with the gas companies. Other meetings will be held as negotiations proceed and as the final terms are formulated. Members may participate in the meetings by telephone (§ 3C7). • Membership on the Steering Committee is coordinated through the Councils of Governments (the "COGS"). Each COG appoints positions on the Steering Committee from among the municipalities that are members of that COG (§ 3C2). The number of Steering Committee members that each COG gets to appoint is based on the number of Consortium members in that COG, as follows: 4 COGS with 10 or fewer Members = 1 Steering Committee member. 4 COGS with 11 to 20 Members = 2 Steering Committee members. 4 COGS with 21 or more Members = 3 Steering Committee members. - 1 - • Based on that formula, the Steering Committee will have 15 initial members, as follows: Name of COG Consortium Members Steering Comm. DuPage Mayors and Managers Con£ 22 3 Lake County Municipal League: 11 2 McHenry Council of Governments: 4 1 Metro West Council of Governments: 5 1 Northwest Municipal Conference: 22 3 South Suburban Mayors and Managers Con£ 0 1 Southwest Council of Mayors: 1 1 West Central Municipal Conf: 8 1 Will County Government League: 3 1 Other (Normal): 1 1 • A municipality is counted in the total for each COG of which that municipality is a member. • The Administrator of the Consortium is the DuPage Mayors and Managers Conference and its executive director Mark Baloga (§ 30(f)). The Administrator will administer the business affairs of the Consortium, including the budget and expenses. The Administrator will not be paid for services but may be reimbursed for reasonable and appropriate costs incurred on behalf of the Consortium. • Each Member must pay the initial, nonrefundable $500 contribution (§ 5A3). The Steering Committee may require additional contributions to fund future Consortium activities. Future contributions may be equal among Members or on a reasonable pro rata basis determined by the Steering Committee. The Steering Committee will provide an explanation of the need for each additional contribution. • A Member may voluntarily withdraw from the Consortium at any time. A Member need not pay an additional contribution if that Member withdraws within 30 days after notice that an additional contribution is required. • The Consortium will dissolve on the written decision of at least two-thirds of the then- current Members or if the Steering Committee determines that the Consortium should dissolve (§ 6D). • Amendments to the Agreement require a three-fourths vote of the then-current Members. • If your attorney has questions about the Agreement, please contact Mark Baloga, Executive Director, DuPage Mayors and Managers Conference, 630-571 -0480, x223 ; or mbaloga ( dmme-cog.org. -2- Ordinance No. 2009- AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT ESTABLISHING THE NORTHERN ILLINOIS MUNICIPAL NATURAL GAS FRANCHISE CONSORTIUM WHEREAS, by granting a natural gas franchise to Nicor Gas (the " Utility"), the United City of Yorkville (the "City ") makes natural gas and related facilities and utilities available to the United City of Yorkville's residents, businesses, and land owners; and WHEREAS, the United City of Yorkville's current franchise agreement with the Utility will expire in April 2010 (the "Existing Franchise Agreement"); and WHEREAS, the Existing Franchise Agreement provides the terms and conditions under which the Utility utilizes the United City of Yorkville' s public rights-of-way in the provision of natural gas; and WHEREAS, it is in the best interests of the United City of Yorkville and its residents, businesses, and land owners to negotiate and enter into a new franchise agreement with the Utility that includes all of the standard and necessary terms, provisions, and protections, plus modern provisions and protections such as energy efficiency provisions that require not only levels of efficiencies on the part of utilities, but also energy audits and other conservation-related services from the Utility; and WHEREAS, a number of northern Illinois municipalities plan to create a consortium of participating municipalities to cooperate and jointly prepare and negotiate a model franchise agreement for natural gas with the Utility and with other utilities that serve these northern Illinois municipalities; and WHEREAS, participating in this joint effort will give the United City of Yorkville greater negotiating power with the natural gas utilities and will reduce the cost to the City of drafting, negotiating, and finalizing a new gas franchise agreement; and WHEREAS, a steering committee of the participating municipalities has prepared an intergovernmental agreement that will establish the "Northern Illinois Municipal Natural Gas Franchise Consortium" (the "Consortium") for the purpose of preparing and negotiating a model franchise agreement for natural gas utilities; and WHEREAS, the Corporate Authorities of the United City of Yorkville have determined that it is in the best interests of the City to approve and authorize the execution of the intergovernmental agreement and become a member of the Consortium pursuant to the terms of the agreement; NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: 1 Section 1. The foregoing recitals are incorporated into this Ordinance as the findings of the City Council of the United City of Yorkville. Section 2. The "Intergovernmental Agreement Establishing the Northern Illinois Municipal Natural Gas Franchise Consortium," in form and substance substantially the same as Exhibit A to this Ordinance (the 'Intergovernmental Agreement"), is hereby approved. Section 3. The Mayor and the City Clerk are authorized and directed to execute and attest the Intergovernmental Agreement on behalf of the United City of Yorkville. Section 4. This Ordinance shall be effective following passage by the City Council of the United City of Yorkville in the manner required by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois, this day of A.D. 2009. ROBYN SUTCLIFF GEORGE T. GILSON, JR. ARDEN JOE PLOCHER DIANE TEELING GARY GOLINSKI MARTY MUNNS ROSE SPEARS WALLY WERDERICH APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of A.D. 2009. Mayor Attest: City Clerk 2 EXHIBIT A Intergovernmental Agreement 3 1112109 AN INTERGOVERNMENTAL AGREEMENT ESTABLISHING THE NORTHERN ILLINOIS MUNICIPAL NATURAL GAS FRANCHISE CONSORTIUM Entered Into By Various Illinois Municipalities as of 112009 11 /2109 AN INTERGOVERNMENTAL AGREEMENT ESTABLISHING THE NORTHERN ILLINOIS MUNICIPAL NATURAL GAS FRANCHISE CONSORTIUM THIS INTERGOVERNMENTAL AGREEMENT is made and entered into as of 11 2009, (the "Effective Date') by each of the Illinois home rule and non home rule municipalities that (i) have executed a signature page confirming that they are parties to this Agreement as of the Effective Date and (ii) have paid the initial $500 contribution required under Paragraph 5.A.3 of this Agreement (individually the "Parties" and collectively the " Consortium," with each Party automatically a "Member" of the Consortium only for so long as the Member is a Party to this Agreement): WITNESSETH : WHEREAS, Illinois municipalities make natural gas and related facilities and utilities available to the residents , businesses, and land owners within their respective corporate boundaries by granting franchises to natural gas utilities; and WHEREAS, natural gas franchise agreements provide the terms and conditions under which gas utility companies may utilize public rights-of-way in the provision of natural gas; and WHEREAS, natural gas franchise agreements ordinarily have lengthy terms of years and contain numerous important fiscal and regulatory requirements regarding , for example, rights-of-way standards, municipal compensation, customer service standards, equipment maintenance and capital commitments, and emergency response and preparedness; and WHEREAS, the terms of many existing natural gas franchise agreements for many Illinois municipalities have expired or will expire in the near future; and WHEREAS, new natural gas franchise agreements should include modern provisions and protections for Illinois municipalities and their constituents and significant energy efficiency provisions that require not only levels of efficiencies on the part of the utilities, but also energy audits and other conservation-related services from utilities; and WHEREAS, the Parties have individually and collectively determined that it is appropriate and in each of their best interests to jointly develop and negotiate a model franchise agreement for natural gas utilities; and WHEREAS, to achieve these and other related objectives, the Parties desire to utilize the powers and authority granted to them under Article VII , Section 10 of the Illinois Constitution of 1970; the Intergovernmental Cooperation Action, 5 ILCS 220/1 et seq. ; the Local Land Resource Management Planning Act, 50 ILCS 805/1 et seq. ; and other applicable authority, including without limitation the home rule powers of various Consortium Members; and WHEREAS, after full consideration of all planning, fiscal, and other intergovernmental issues effecting this matter, each of the Parties has determined that it is in the best interests of its residents and the general public welfare that this Agreement be executed and implemented by all of the Parties; and 1112109 WHEREAS, each of the initial Parties to this Agreement (the "Founding Parties") has approved this Agreement by an ordinance or resolution duly adopted by the Party's corporate authorities, which approval is evidenced by the signature page of the Party attached to this Agreement; NOW, THEREFORE, for and in consideration of the mutual covenants and agreements herein made and pursuant to all applicable statutes and local ordinances noted above, all of the Parties enter into the following : SECTION 1 . RECITALS The foregoing recitals are, by this reference, incorporated into and made a part of this Agreement. SECTION 2. PURPOSE This Agreement is made for the purpose of establishing the Northern Illinois Municipal Natural Gas Franchise Consortium and endowing it with all of the authority, powers, and resources necessary and convenient to allow the Parties jointly to most effectively and efficiently address common and necessary issues related to the establishment of a model franchise agreement for natural gas utilities. This Agreement is further intended to allow the Parties to jointly seek any available local, state, and federal funds and other resources to assist in addressing the natural gas utility issues identified by the Parties as necessary, and being appropriate for, the joint action of the Parties. SECTION 3. ESTABLISHMENT AND ORGANIZATION A. Formation of Consortium. By this Agreement, the Parties establish the Northern Illinois Municipal Natural Gas Franchise Consortium. The Consortium shall act in the manner set forth in this Agreement in furtherance of the preparation and negotiation of a model natural gas utility franchise agreement. B. Membership and Member Representatives. Each Party is a Member of the Consortium. As such , each Party must designate as its representative on the Consortium (the "Member Representative") either (i) the Member's chief administrative officer or the chief administrator officer's duly authorized representative or (ii) if the Member does not have a chief administrative officer, then the Member's mayor or president or the mayor's or president's duly authorized representative. Each Member Representative shall operate and act with respect to Consortium affairs and actions only pursuant to action duly authorized by the Member Representative's corporate authorities. C. Steering Committee Governance. The Consortium shall be managed and operated by a Steering Committee comprised of Member Representatives from the Parties as determined pursuant to this Subsection. 1 . Councils of Government. The municipalities that are Parties to this Agreement are members of various councils of government each separately established , organized , and managed under Illinois law to provide joint planning and intergovernmental cooperation among their respective members. The councils of government represented by the Members of the Consortium are listed in Exhibit to this Agreement (" Consortium COGs"). -2- 11 /2/09 2. Selection of Steering Committee Members. (a) COG Appointments, Each Consortium COG will appoint from among its municipalities Consortium Members to serve on the Steering Committee. Appointments to, and the length of service on , the Steering Committee will be at the discretion of the appointing Consortium COG. Only COG members that are Parties to this Agreement may have a Member Representative sit on the Steering Committee. (b) Allotment of Appointments. The number of Steering Committee appointments for each Consortium COG will be based on the number of members of a COG that are Parties to this Agreement. A COG with 10 or fewer Parties to this Agreement will have one appointment to the Steering Committee; a COG with at least 11 but no more than 20 Parties to this Agreement will have two appointments to the Steering Committee; and a COG with more than 20 Parties to this Agreement will have three appointments to the Steering Committee. A Party will be counted in the total for each Consortium COG of which that Party is a member. (c) Initial Steering Committee Composition and Roster. Based on the Founding Parties, the Steering Committee will initially have sixteen ( 16) members. The specific composition of the Committee and the distribution of its members and appointments among the Consortium COGS is set forth in Exhibit B to this Agreement ("Steering Committee Roster"). (d ) Adjustments. On a yearly basis, the "Administrator" (as set forth in Paragraph 3(f) of this Section) shall monitor COG member participation in the Consortium and shall make adjustments to the Steering Committee membership as necessary to ensure compliance with this Subsection . The Administrator will distribute to all Consortium Members any amended Steering Committee Roster. Amended Steering Committee Rosters will be deemed to replace automatically the Steering Committee Roster attached to this Agreement as of the Effective Date and any subsequent amended Roster, as the case may be, without the need for an amendment to this Agreement. (e) Replacements. If a Member designated to appoint a Member Representative to the Steering Committee does not name its Member Representative within fourteen ( 14) calendar days after its designation, the Member's COG shall immediately appoint another of its Members to name a Member Representative to serve on the Steering Committee. 3. Steering Committee Responsibilities. The Steering Committee is responsible for the following matters: (a) Consortium Operations. The Steering Committee is responsible for all Consortium operations, management, and activities, including without limitation establishing the contribution amounts to be paid by Consortium members in order to maintain membership in the Consortium , as further provided in Section 5 of this Agreement. (b) Draft Franchise Agreement. The Steering Committee will provide for the preparation of a draft model natural gas franchise agreement (the "Draft Franchise Agreement') that will be used in negotiation with natural gas utility companies that serve Consortium members (the "Gas Utilities"). The Steering Committee is authorized to establish a -3- 11 /2/09 drafting committee and other subcommittees as it deems necessary to prepare the Draft Franchise Agreement. (c) Negotiation of Franchise Agreement. After preparation of the Draft Franchise Agreement and concurrence of the Consortium, the Steering Committee will undertake negotiations with the Gas Utilities. The Steering Committee may establish a negotiating committee and other subcommittees as it deems necessary to prepare for and undertake negotiations for a final model franchise agreement for natural gas (a "Final Franchise Agreement'). (d ) Communications. The principal goals of the Consortium are preparation of a Draft Franchise Agreement and negotiation of a Final Franchise Agreement that is acceptable to the greatest number of the Members as possible. Accordingly, in preparing the Draft Franchise Agreement and negotiating the Final Franchise Agreement, the Steering Committee shall advise and consult with Member Representatives from time to time regarding procedural, substantive, and strategic issues in a continuing effort to achieve these goals. (e) Appointed Counsel. The Steering Committee shall retain legal counsel to represent the interests of the Consortium in the preparation of this Agreement, the preparation of the Draft Franchise Agreement, and the preparation and negotiation of the Final Franchise Agreement. (f) Consortium Administrator. The Steering Committee shall select a person or agency to administer the business affairs of the Consortium and to undertake such other activities as assigned by the Steering Committee (the "Administrator '). The Administrator will not be paid a fee for services, but the Steering Committee may reimburse the Administrator for reasonable and appropriate costs and expenses, including without limitation administrative overhead costs. The Administrator is specifically responsible for, among other things (i) overseeing the finances of the Consortium, (ii ) compiling and maintaining cost and expenditure information regarding Consortium activities, and (iii) making recommendations to the Steering Committee on Consortium costs and expenditures and on establishing required contribution amounts from the Members as further set forth in Section 5 of this Agreement. The Administrator, in consultation with the Steering Committee, also is responsible for preparing periodic status reports not less than once every two (2) months, which reports will include the status of all drafting and negotiations and a financial report including all expenditures from the Consortium Fund established pursuant to Section 5 of this Agreement. The Members approve the selection of the DuPage Mayors and Managers Conference and its executive director Mark Baloga as the Administrator as of the Effective Date. 4. Officers. (a) Chairperson. Steering Committee Member Representatives shall choose from among themselves a Member Representative to serve as Chairperson of the Steering Committee. The Chairperson will preside at all meetings of the Steering Committee and will perform all other duties as may be prescribed by the Steering Committee. (b) Vice Chairperson. Steering Committee Member Representatives shall choose from among themselves a Member Representative to serve as Vice Chairperson of the Steering Committee. The Vice Chairperson shall serve as Chairperson in the absence of the Chairperson at any Steering Committee meeting and the Vice Chairperson shall have and be assigned the additional powers and duties as the Steering Committee may prescribe. -4- 1112109 (c) Secretary. The Administrator shall serve as Secretary of the Steering Committee, responsible for taking and keeping the minutes of all Steering Committee meetings and for undertaking any additional powers and duties as the Steering Committee may prescribe. 5. Steering Meetings and Notices. The Steering Committee will meet periodically at times and places determined by the Steering Committee. A majority of the then- current Steering Committee Members will be necessary to establish a quorum. All Member Representatives may attend all meetings of the Steering Committee and provide comments. Unless otherwise determined by the Steering Committee, all meetings of the Steering Committee shall be kept confidential. The Steering Committee will provide notice of its meetings to each Consortium Member as far in advance of the meeting as practicable , preferably at least seven (7) calendar days, except when a time-sensitive matter demands attention sooner. Notices will include, at a minimum, the time and place of the meeting and a description of the topics to be covered at the meeting . 6. Full Consortium Meetings. In addition to Steering Committee meetings, the Steering Committee will schedule and hold , at a minimum, two (2) meetings of the Member Representatives from all Consortium Members, one of which will be to review and obtain the concurrence of the Consortium on the terms and conditions of the Draft Franchise Agreement. One third of the then-current Members of the Consortium will be necessary to establish a quorum for Consortium meetings. As it deems necessary, the Steering Committee will schedule additional meetings as negotiations are undertaken with the Gas Utilities and as the Final Franchise Agreement is prepared and finalized. The Steering Committee will provide notice to each Consortium Member of all full meetings of the Consortium as far in advance of the meeting as practicable, preferably at least seven (7) calendar days, except when a time- sensitive matter demands attention sooner. Notices will include, at a minimum , the time and place of the meeting and a description of the topics to be covered at the meeting . The Chairperson of the Steering Committee, or in the Chairperson's absence, the Vice Chairperson of the Steering Committee, shall preside at all full Consortium meetings. The Administrator will take and keep the minutes of all full Consortium meetings. 7. Telephone Meeting Participation. Members may participate in Steering Committee meetings and in full Consortium meetings by telephone. The Steering Committee and the Administrator will establish appropriate rules and procedures to govern telephonic participation in these meetings. Participation by telephone shall constitute the presence of a Member at the meeting for purposes of establishing a quorum. D. Additional Members. The Steering Committee may accept additional municipalities as parties to this Agreement and as Members of the Consortium ("New Members") provided that a prospective New Member, prior to acceptance ( 1 ) must pay to the Consortium the full amount of the contributions assessed pursuant to Paragraph 5.A. 3 of this Agreement as of the date of acceptance and (2) must properly approve and execute this Agreement and deliver the fully-executed signature page to the Administrator. E. Duration of Commission . The Consortium will remain in place unless dissolved and terminated as provided in Subsection 6.D of this Agreement. -5- 1112109 SECTION 4. GENERAL COOPERATION The Members agree to cooperate with each other in furtherance of the purposes, goals, and objectives of the Consortium. Cooperation required by this Agreement specifically includes, but without limitation , the sharing and joint use by and among the Members of information and other materials possessed or developed by the Members, either individually or collectively, and necessary to investigate, identify, and otherwise document matters relevant to the preparation and negotiation of the Draft Franchise Agreement and the Final Franchise Agreement and to otherwise provide information and documents necessary to promote and achieve the purposes and objectives of the Consortium as provided in this Agreement. SECTION 5. REVENUES AND EXPENSES A. Franchise Fund. 1 . Establishment and Administration . The Consortium shall create and maintain a fund (the "Franchise Fund') to pay the costs and expenses incurred or to be incurred by the Consortium (the "Shared Costs"). The Franchise Fund will be administered by the Administrator as set forth in this Agreement and as determined by the Steering Committee. 2. Shared Costs. Shared Costs include only costs incurred directly by the Consortium for the common purposes of the Members as set forth in this Agreement. Shared Costs include, without limitation, attorney's fees and costs for the Appointed Counsel, extraordinary out-of-pocket expenses incurred by the Consortium in preparing the Draft Franchise Agreement and in preparing and negotiating the Final Franchise Agreement, the Administrator's costs and expenses, and any other professional services determined by the Steering Committee to be necessary for the Consortium to meet its objectives as provided in this Agreement. As specifically determined by the Steering Committee, Shared Costs may also include extraordinary expenses incurred by a Consortium COG in furtherance of the purposes, goals, and intent of this Agreement and the Consortium . The Members agree to use their staffs and resources, including the Member Representatives, at no cost to the Consortium for joint projects or actions undertaken by or on behalf of the Consortium . Shared Costs specifically but without limitation do not include (a) fees and costs of attorneys other than the Appointed Counsel and (b) salaries or other compensation paid to employees or agents of a Member. The service to the Consortium of a Member and the Member's Representative is not a Shared Cost as a general matter, the Members expecting and intending that each Member will contribute to the operation of the Consortium at its own expense except as otherwise specifically approved in advance by the Steering Committee. 3 Funding the Franchise Fund . The Franchise Fund will be funded by contributions from the Members as determined from time to time by the Steering Committee on the recommendation of the Administrator. The Steering Committee will set contribution amounts only to the extent reasonably necessary to pay Shared Costs. The contribution required from each Member as of the Effective Date is a nonrefundable five hundred dollars ($500.00) (the "Initial Contribution"). As Consortium operations proceed, the Steering Committee, through the Administrator, will provide notice and direction to all Consortium members of additional contribution amounts necessary to fund the Franchise Fund in order to pay Shared Costs (the "Additional Contributions"). Additional Contributions may be equal among the Members or may be on a pro rata basis based on Member populations or other factors as determined by the Steering Committee. For the purpose of permitting voluntary withdrawal from the Consortium under Subsections 6. 13 and 6. 0 of this Agreement without -6- 11/2109 liability for an Additional Contribution, an Additional Contribution will not be binding on a voluntarily withdrawing Member until thirty (30) calendar days after the notice required by this Paragraph. 4. Contributions Non-Refundable. No contribution to the Franchise Fund is refundable, regardless of a Member's withdrawal or expulsion or any other circumstance. Any funds remaining in the Franchise Fund at the time of dissolution of the Franchise Fund will be distributed as provided in Paragraph 5.A.5 of this Agreement. 5. Franchise Fund Dissolution; Distribution of Remaining Funds. The Franchise Fund must remain in place until all monetary obligations of the Consortium have been fulfilled and no future obligations are anticipated . After all monetary obligations have been fulfilled and when no future obligations are anticipated, the Steering Committee shall dissolve the Franchise Fund . All money remaining in the Franchise Fund at the time of its dissolution will be distributed only to the Members as of the date of the dissolution (the "Final Members '). Distributions will not necessarily be equal among the Final Members, but may be based , to the extent practicable and in the discretion of the Steering Committee, on Additional Contributions made by the Final Members or other factors. B. Official Payee. For purposes of documentation and receipt of all funds and other resources obtained by or on behalf of the Consortium pursuant to this Agreement, the DuPage Mayors and Managers Conference will serve as the official payee for the Consortium . SECTION 6. EXPULSION ; WITHDRAWAL A. Automatic Expulsion for Breach. If a Member does not ( 1 ) pay a contribution as provided in Section 5 of this Agreement within the time provided by the Steering Committee for payment or (2) commits a significant violation of a provision of this Agreement as determined by the Steering Committee, then that Member is in breach of this Agreement. If the breach is not cured within fourteen ( 14) calendar days after notice from the Administrator, or within such additional time granted by the Steering Committee in advance of the expiration of the fourteen ( 14) calendar day deadline, then that Member is expelled from the Consortium automatically and without any vote or other action required by the remaining Members, the Steering Committee, or the Administrator. B. Voluntary Withdrawal. Any Member may voluntarily withdraw as a Member by delivering to the Administrator, not later than twenty-one (21 ) calendar days before the intended effective date of withdrawal, a certified copy of an ordinance or resolution of that Member's corporate authorities declaring the Member's withdrawal from the Consortium as of a date certain set forth in the ordinance or resolution. C. Required Terms of Expulsion or Withdrawal. Any Member that has been expelled or that is withdrawing ( 1 ) must pay in full all Additional Contributions to the Franchise Fund approved and binding under Paragraph 5.A.3. of this Agreement, (2) is not entitled to any refund of any money from the Franchise Fund at any time, and (3) must continue to keep all business of the Consortium confidential to the fullest extent permitted by law. The provisions of this Subsection C survive, and are enforceable against a Member after, expulsion or withdrawal. D. Dissolution of the Consortium . The Consortium will be declared dissolved ( 1 ) upon the written notice executed by no less than two-thirds of the then-current Members, or (2) as otherwise determined by the Steering Committee. -7- 1112109 SECTION 7. COMPLIANCE The Consortium and each Member must, and hereby agrees to, comply with all federal , State of Illinois, and municipal laws, ordinances, rules, regulations, and orders, and the rules, regulations, and orders of all duly constituted governmental agencies and authorities now in force or that may hereafter be in force. SECTION 8. GENERAL PROVISIONS A. Notices. All notices and other materials required to be delivered to the Consortium must be delivered to the Administrator. All notices and other materials required to be delivered to the Members must be delivered to the Member Representatives. All notices provided or required under this Agreement will be delivered using e-mail, to the e-mail addresses provided to the Consortium by each Member. It is the responsibility of each Member Representative to ensure that the Administrator has the correct e-mail address for the Member Representative. The Administrator will provide a service list for notices on a periodic basis, updated as necessary with current Member Representatives and their e-mail addresses. B. Entire Agreement. There are no representations, covenants, promises, or obligations not contained in this Agreement that form any part of this Agreement or on which any Party is relying in entering into this Agreement. C. Severability. If any provision of this Agreement is construed or held to be void , invalid , or unenforceable in any respect, then the remaining provisions of this Agreement will not be affected thereby but will remain in full force and effect until and only if determined otherwise by the Steering Committee. D. Interpretation . It is the express intent of the Parties that this Agreement will be construed , interpreted, and applied so as to preserve its validity and enforceability as a whole. In case of any conflict among provisions of this Agreement, the provision that best promotes and reflects the intent of the Parties will control. E. Amendments and Modifications. This Agreement may be modified, changed, altered , or amended only with the duly authorized and written consent of three-fourths of the then-current Members by their corporate authorities and pursuant to ordinances or resolutions duly adopted and approved by the Members' corporate authorities. No amendment or modification to this Agreement will be effective until it is reduced to writing and approved by the corporate authorities of three-fourths of the then-current Members and properly executed in accordance with all applicable statutory procedures. F. Authority to Execute. Each Party hereby warrants and represents to each other Party and to the Consortium that the person executing this Agreement on its behalf has been properly authorized to do so by the corporate authorities of the Party. G . No Third Party Beneficiaries. This Agreement does not create any rights or interests in any third party and no provision of this Agreement may be interpreted , construed, or applied to create any such right or interest. -8- 11 /2/09 H . Execution . This Agreement may be executed by the Parties in identical original duplicates, and all of the executed duplicates taken together constitute one Agreement. IN WITNESS WHEREOF, the duly authorized representative of each Member has executed this Agreement by signing this Page as of the Effective Date. Name of Member: Signature of Member Representative: Printed Name of Member Representative: Title of Member Representative: E-Mail Address of Member Representative: [ADDITIONAL EXECUTION PAGES ATTACHED] -9- 1112/09 ATTACHMENT A CONSORTIUM COGs - 10- 1112/09 ATTACHMENT B STEERING COMMITTEE ROSTER # 8817124_v6 - 11- ORDINANCE NO. 2009- , AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT ESTABLISHING THE NORTHERN ILLINOIS MUNICIPAL NATURAL GAS FRANCHISE CONSORTIUM Passed by the City Council, , 2009 Printed and Published, 2009 Printed and Published in Pamphlet Form by Authority of the Mayor and City Council UNITED CITY OF YORKVILLE KENDALL COUNTY, ILLINOIS I hereby certify that this document was properly published on the date stated above. City Clerk 4 `, fe o C/r` Reviewed By: Agenda``Item /Number 0 �%A Legal ❑ ly� # l!J EST. 1836 Finance ❑ I`2�o� Engineer-�� g Tracking Number 0 City Administrator ❑ 9 rCkM Consultant El (Qc) /�� - I a <<E Eby F-1 "I Agenda Item Summary Memo Title: Proposed Illicit Discharge and Connection Stormwater Ordinance Meeting and Date: November 17, 2009 Public Works Committee Synopsis: This ordinance will help us comply with some of the requirements of our NPDES stormwater permit that is issued by the Illinois EPA. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: Memorandum EST. , 1836 To: Bart Olson, Assistant City A inistratoA_ t. From: Joe Wywrot, City Engineer m . � b��. p CC: Kathy Orr, City Attorney Lisa Pickering, Deputy City Clerk <CE Date: November 12, 2009 Subject: Proposed Illicit Discharge and Connection Stormwater Ordinance Attached find a copy of a proposed ordinance regarding illicit discharges and connections to the city stormwater system. This ordinance will help us achieve one of the goals required by our NPDES stormwater permit that was issued by the Illinois EPA. Our National Pollutant Discharge Elimination System (NPDES) permit requires the city to create a stormwater management program that consists of six control measures in order to improve stormwater quality. Those control measures briefly summarized as follows: 1. Public Education Implement a public education program to distribute education materials to the community. 2. Public Involvement Provide opportunities for the community to participate in activities that promote good stormwater quality. In our April audit the IEPA cited the Green Committee as an excellent example of public involvement. 3. Illicit Discharge Detection and Elimination Create a map of city storm sewers to identify outfall locations, and inspect outfalls on a regular basis. 4. Construction Site Stormwater Runoff Control Adopt measures to reduce erosion and sedimentation problems related to construction. 5. Post-Construction Stormwater Management Adopt measures to minimize stormwater runoff from new development and redevelopment. These measures must ensure that appropriate controls are in place to preserve natural elements incorporated into the design of developments. 6. Pollution Prevention/Good Housekeeping Develop and implement training and operational programs for city employees to reduce the occurrence of pollution during maintenance activities. These programs could be related to items such as storage yard maintenance, snow removal, surface restoration following utility repairs, catch basin cleaning, and use of pesticides and herbicides. The attached ordinance will help us comply with Control Measure No. 3. Section 7-6-2.13 of our Municipal Code already states that it is "...unlawful to discharge to any natural outlet within the city or in any area under the jurisdiction of the city, any sewage or other polluted water..."The attached ordinance,however, goes further by providing guidance regarding notification, enforcement, and abatement procedures and costs. Please place this ordinance on the November 17, 2009 Public Works Committee agenda for consideration. Illicit Discharge and Connection Stormwater Ordinance ORDINANCE NO. SECTION 1 , PURPOSE/INTENT. The purpose of this ordinance is to provide for the health, safety, and general welfare of the citizens of the United City of Yorkville through the regulation of non-storm water discharges to the storm drainage system to the maximum extent practicable as required by federal and state law. This ordinance establishes methods for controlling the introduction of pollutants into the municipal separate storm sewer system (MS4) in order to comply with requirements of the National Pollutant Discharge Elimination System (NPDES) permit process. The objectives of this ordinance are: ( 1 ) To regulate the contribution of pollutants to the municipal separate storm sewer system (MS4) by Stormwater discharges by any user (2) To prohibit Illicit Connections and Discharges to the municipal separate storm sewer system (3) To establish legal authority to carry out all inspection, surveillance and monitoring procedures necessary to ensure compliance with this ordinance SECTION 2, DEFINITIONS. For the purposes of this ordinance, the following shall mean: Authorized Enforcement Agency: employees or designees of the director of the United City of Yorkville designated to enforce this ordinance. Best Management Practices (BMP' s) : schedules of activities, prohibitions of practices, general good house keeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to stormwater, receiving waters, or Stormwater conveyance systems. BMP ' s also include treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage. Clean Water Act. The federal Water Pollution Control Act (33 U. S.C. § 1251 et seq.), and any subsequent amendments thereto. Construction Activity. Activities subject to NPDES Construction Permits. These include construction projects resulting in land disturbance of 10,000 square feet or more. Such activities include but are not limited to clearing and grubbing, grading, excavating, and demolition. Hazardous Materials. Any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed. Illegal Discharge. Any direct or indirect non-storm water discharge to the storm drain system, except as exempted in Section 7 of this ordinance. Illicit Connections. An illicit connection is defined as either of the following: Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the storm drain system including but not limited to any conveyances which allow any non-storm water discharge including sewage, process wastewater, and wash water to enter the storm drain system and any connections to the storm drain system from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved by an authorized enforcement agency or, Any drain or conveyance connected from a commercial or industrial land use to the storm drain system which has not been documented in plans, maps, or equivalent records and approved by an authorized enforcement agency. Industrial Activity. Activities subject to NPDES Industrial Permits as defined in 40 CFR, Section 122.26 (b) ( 14). National Pollutant Discharge Elimination System (NPDES) Storm Water Discharge Permit. means a permit issued by EPA (or by a State under- authority delegated pursuant to 33 USC - § 1342(b)) that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general area-wide basis. Non-Storm Water Discharge. Any discharge to the storm drain system that is not composed entirely of storm water. Person: means any individual, association, organization, partnership, firm, corporation or other entity recognized by law and acting as either the owner or as the owner's agent. Pollutant. Anything which causes or contributes to pollution. Pollutants may include, but are not limited to: paints, varnishes, and solvents; oil and other automotive fluids; non-hazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects, ordinances, and accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure; and noxious or offensive matter of any kind. Premises. Any building, lot, parcel of land, or portion of land whether improved or unimproved including adjacent sidewalks and parking strips. Storm Drainage System. Publicly-owned facilities by which storm water is collected and/or conveyed, including but not limited to any roads with drainage systems, municipal streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins, natural and human-made or altered drainage channels, reservoirs, and other drainage structures. Storm Water. Any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation. Stormwater Pollution Prevention Plan: A document which describes the Best Management Practices and activities to be implemented by a person or business to identify sources of pollution or contamination at a site and the actions to eliminate or reduce pollutant discharges to Stormwater, Stormwater Conveyance Systems, and/or Receiving Waters to the Maximum Extent Practicable. Wastewater means any water or other liquid, other than uncontaminated storm water, discharged from a facility. SECTION 3. APPLICABILITY. This ordinance shall apply to all water entering the storm drain system generated on any developed and undeveloped lands unless explicitly exempted by an authorized enforcement agency. SECTION4. RESPONSIBILITY FOR ADMINISTRATION. The United City of Yorkville shall administer, implement, and enforce the provisions of this ordinance. Any powers granted or duties imposed upon the authorized enforcement agency may be delegated in writing by the Director of the authorized enforcement agency to persons or entities acting in the beneficial interest of or in the employ of the agency. SECTION 5, SEVERABILITY. The provisions of this ordinance are hereby declared to be severable. If any provision, clause, sentence, or paragraph of this Ordinance or the application thereof to any person, establishment, or circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of this Ordinance. SECTION 6. ULTIMATE RESPONSIBILITY. The standards set forth herein and promulgated pursuant to this ordinance are minimum standards; therefore this ordinance does not intend nor imply that compliance by any person will ensure that there will be no contamination, pollution, nor unauthorized discharge of pollutants. SECTION 7. DISCHARGE PROHIBITIONS. Prohibition of Illegal Discharges. No person shall discharge or cause to be discharged into the municipal storm drain system or watercourses any materials, including but not limited to pollutants or waters containing any pollutants that cause or contribute to a violation of applicable water quality standards, other than storm water. The commencement, conduct or continuance of any illegal discharge to the storm drain system is prohibited except as described as follows: (a) The following discharges are exempt from discharge prohibitions established by this ordinance: water line flushing or other potable water sources, landscape irrigation or lawn watering, diverted stream flows, rising ground water, ground water infiltration to stone drains, uncontaminated pumped ground water, foundation or footing drains (not including active groundwater dewatering systems), crawl space pumps, air conditioning condensation, springs, non-commercial washing of vehicles, natural riparian habitat or wet-land flows, swimming pools (if dechlorinated - typically less than one PPM chlorine), fire fighting activities, and any other water source not containing Pollutants. (b) Discharges specified in writing by the authorized enforcement agency as being necessary to protect public health and safety. (c) Dye testing is an allowable discharge, but requires a verbal notification to the authorized enforcement agency prior to the time of the test. (d) The prohibition shall not apply to any non-stone water discharge permitted under an NPDES permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the Federal Environmental Protection Agency, provided that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations, and provided that written approval has been granted for any discharge to the storm drain system. Prohibition of Illicit Connections. (a) The construction, use, maintenance or continued existence of illicit connections to the storm drain system is prohibited. (b) This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection. (c) A person is considered to be in violation of this ordinance if the person connects a line conveying sewage to the MS4, or allows such a connection to continue. SECTION 8, SUSPENSION OF MS4 ACCESS. Suspension due to Illicit Discharges in Emergency Situations The United City of Yorkville may, without prior notice, suspend MS4 discharge access to a person when such suspension is necessary to stop an actual or threatened discharge which presents or may present imminent and substantial danger to the environment, or to the health or welfare of persons, or to the MS4 or Waters of the United States. If the violator fails to comply with a suspension order issued in an emergency, the authorized enforcement agency may take such steps as deemed necessary to prevent or minimize damage to the MS4 or Waters of the United States, or to minimize danger to persons. Suspension due to the Detection of Illicit Discharge Any person discharging to the MS4 in violation of this ordinance may have their MS4 access terminated if such termination would abate or reduce an illicit discharge. The authorized enforcement agency will notify a violator of the proposed termination of its MS4 access. The violator may petition the authorized enforcement agency for a reconsideration and hearing. A person commits an offense if the person reinstates MS4 access to premises terminated pursuant to this Section, without the prior approval of the authorized enforcement agency. SECTION 9. INDUSTRIAL OR CONSTRUCTION ACTIVITY DISCHARGES. Any person subject to an industrial or construction activity NPDES storm water discharge permit shall comply with all provisions of such permit. Proof of compliance with said permit may be required in a form acceptable to the United City of Yorkville prior to the allowing of discharges to the MS4. SECTION 10, MONITORING OF DISCHARGES A. Applicability. This section applies to all facilities that have storm water discharges associated with industrial activity, including construction activity. B. Access to Facilities. (a) The United City of Yorkville shall be permitted to enter and inspect facilities subject to regulation under this ordinance as often as may be necessary to determine compliance with this ordinance. If a discharger has security measures in force which require proper identification and clearance before entry into its premises, the discharger shall make the necessary arrangements to allow access to representatives of the authorized enforcement agency. (b) Facility operators shall allow the United City of Yorkville ready access to all parts of the premises for the purposes of inspection, sampling, examination and copying of records that must be kept under the conditions of an NPDES permit to discharge storm water, and the performance of any additional duties as defined by state and federal law. (c) The United City of Yorkville shall have the right to set up on any permitted facility such devices as are necessary in the opinion of the authorized enforcement agency to conduct monitoring and/or sampling of the facility's storm water discharge. (d) The United City of Yorkville has the right to require the discharger to install monitoring equipment as necessary. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the discharger at its own expense. All devices used to measure stormwater flow and quality shall be calibrated to ensure their accuracy. (e) Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the operator at the written or oral request of the United City of Yorkville and shall not be replaced. The costs of clearing such access shall be borne by the operator. (f) Unreasonable delays in allowing the United City of Yorkville access to a permitted facility is a violation of a storm water discharge permit and of this ordinance. A person who is the operator of a facility with a NPDES permit to discharge storm water associated with industrial activity commits an offense if the person denies the authorized enforcement agency reasonable access to the permitted facility for the purpose of conducting any activity authorized or required by this ordinance. (g) If the United City of Yorkville has been refused access to any part of the premises from which stormwater is discharged, and he/she is able to demonstrate probable cause to believe that there may be a violation of this ordinance, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program designed to verify compliance with this ordinance or any order issued hereunder, or to protect the overall public health, safety, and welfare of the community, then the authorized enforcement agency may seek issuance of a search warrant from any court of competent jurisdiction. SECTION 11 . REQUIREMENT TO PREVENT, CONTROL, AND REDUCE STORM WATER POLLUTANTS BY THE USE OF BEST MANAGEMENT PRACTICES. The United City of Yorkville has adopted requirements identifying Best Management Practices for any activity, operation, or facility which may cause or contribute to pollution or contamination of storm water, the storm drain system, or waters of the U.S. The owner or operator of a commercial or industrial establishment shall provide, at their own expense, reasonable protection from accidental discharge of prohibited materials or other wastes into the municipal storm drain system or watercourses through the use of these structural and non- structural BMP's. Further, any person responsible for a property or premise, which is, or may be, the source of an illicit discharge, may be required to implement, at said person's expense, additional structural and non-structural BMP's to prevent the further discharge of pollutants to the municipal separate storm sewer system . Compliance with all terms and conditions of a valid NPDES permit authorizing the discharge of storm water associated with industrial activity, to the extent practicable, shall be deemed compliance with the provisions of this section. These BMP's shall be part of a stormwater pollution prevention plan (SWPP) as necessary for compliance with requirements of the NPDES permit. SECTION 12, WATERCOURSE PROTECTION. Every person owning property through which a watercourse passes, or such person's lessee, shall keep and maintain that part of the watercourse within the property free of trash, debris, excessive vegetation, and other obstacles that would pollute, contaminate, or significantly retard the flow of water through the watercourse. In addition, the owner or lessee shall maintain existing privately owned structures within or adjacent to a watercourse, so that such structures will not become a hazard to the use, function, or physical integrity of the watercourse. SECTION 13, NOTIFICATION OF SPILLS. Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation has information of any known or suspected release of materials which are resulting or may result in illegal discharges or pollutants discharging into storm water, the storm drain system, or water of the U .S . said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release. In the event of such a release of hazardous materials said person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services. In the event of a release of non-hazardous materials, said person shall notify the authorized enforcement agency in person or by phone or facsimile no later than the next business day. Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the United City of Yorkville within three business days of the phone notice. If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three years. SECTION 14. ENFORCEMENT, A. Notice of Violation. Whenever the United City of Yorkville finds that a person has violated a prohibition or failed to meet a requirement of this Ordinance, the authorized enforcement agency may order compliance by written notice of violation to the responsible person. Such notice may require without limitation: (a) The performance of monitoring, analyses, and reporting; (b) The elimination of illicit connections or discharges; (c) That violating discharges, practices, or operations shall cease and desist; (d) The abatement or remediation of storm water pollution or contamination hazards and the restoration of any affected property; and (e) Payment of a fine to cover administrative and remediation costs; and (f) The implementation of source control or treatment BMP 's. If abatement of a violation and/or restoration of affected property is required, the notice shall set forth a deadline within which such remediation or restoration must be completed. Said notice shall further advise that, should the violator fail to remediate or restore within the established deadline, the work will be done by a designated governmental agency or a contractor and the expense thereof shall be charged to the violator. SECTION 15, APPEAL OF NOTICE OF VIOLATION Any person receiving a Notice of Violation may appeal the determination of the authorized enforcement agency. The notice of appeal must be received within _ days from the date of the Notice of Violation. Hearing on the appeal before the appropriate authority or his/her designee shall take place within 15 days from the date of receipt of the notice of appeal. The decision of the municipal authority or their designee shall be final. SECTION 16, ENFORCEMENT MEASURES AFTER APPEAL If the violation has not been corrected pursuant to the requirements set forth in the Notice of Violation, or, in the event of an appeal, within 60 days of the decision of the municipal authority upholding the decision of the authorized enforcement agency, then representatives of the authorized enforcement agency shall enter upon the subject private property and are authorized to take any and all measures necessary to abate the violation and/or restore the property. It shall be unlawful for any person, owner, agent or person in possession of any premises to refuse to allow the government agency or designated contractor to enter upon the premises for the purposes set forth above. SECTION 17. COST OF ABATEMENT OF THE VIOLATION Within 60 days after abatement of the violation, the owner of the property will be notified of the cost of abatement, including administrative costs. The property owner may file a written protest objecting to the amount of the assessment within 30 days. If the amount due is not paid within a timely manner as determined by the decision of the municipal authority or by the expiration of the time in which to file an appeal, the charges shall become a special assessment against the property and shall constitute a lien on the property for the amount of the assessment. Any person violating any of the provisions of this article shall become liable to the city by reason of such violation. The liability shall be paid in not more than 12 equal payments. Interest at the rate of 5 percent per annum shall be assessed on the balance beginning on the 1 st day following discovery of the violation. SECTION 18, INJUNCTIVE RELIEF It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this Ordinance. If a person has violated or continues to violate the provisions of this ordinance, the authorized enforcement agency may petition for a preliminary or permanent injunction restraining the person from activities which would create further violations or compelling the person to perform abatement or remediation of the violation. SECTION 19. COMPENSATORY ACTION In lieu of enforcement proceedings, penalties, and remedies authorized by this Ordinance, the authorized enforcement agency may impose upon violator alternative compensatory actions, such as storm drain stenciling, attendance at compliance workshops, creek cleanup, etc. SECTION 20, VIOLATIONS DEEMED A PUBLIC NUISANCE In addition to the enforcement processes and penalties provided, any condition caused or permitted to exist in violation of any of the provisions of this Ordinance is a threat to public health, safety, and welfare, and is declared and deemed a nuisance, and may be summarily abated or restored at the violator's expense, and/or a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken. SECTION 21 , PROSECUTION Any person that has violated or continues to violate this ordinance shall be liable to prosecution to the fullest extent of the law, and shall be subject to penalty per existing Municipal Code. The authorized enforcement agency may recover all attorneys' fees court costs and other expenses associated with enforcement of this ordinance, including sampling and monitoring expenses. SECTION 22, REMEDIES NOT EXCLUSIVE The remedies listed in this ordinance are not exclusive of any other remedies available under any applicable federal, state or local law and it is within the discretion of the authorized enforcement agency to seek cumulative remedies. SECTION 23, ADOPTION OF ORDINANCE This ordinance shall be in full force and effect immediately upon its final passage and adoption. All prior ordinances and parts of ordinances in conflict with this ordinance are hereby repealed. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois, this Day of A.D. 2009. ATTEST: CITY CLERK ROBYN SUTCLIFF DIANE TEELING GARY GOLINSKI ARDEN JOSEPH PLOCHER WALTER WERDERICH MARTY MUNNS ROSE ANN SPEARS GEORGE GILSON, JR. Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this Day of A.D. 2009. MAYOR `QED C/r�, Reviewed By: Agenda Item iNumber J� zl o Legal ❑ (J� # I 1 �9� leas Finance ❑ EST. i E �� 1t1�� ngneer � Tracking Number City Administrator Consultant <GE !�? Agenda Item Summary Memo Title: Proposed Stonuwater BMP Maintenance Ordinance Meeting and Date: November 17, 2009 Public Works Committee Synopsis: This ordinance will help us comply with some of the requirements of our NPDES stormwater permit that is issued by the Illinois EPA. Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Joe Wywrot Engineering Name Department Agenda Item Notes: A. C/TJ- I o� Memorandum Efir. 1836 To: Bart Olson, Assistant City A ini�t5a OFrom: Joe Wywrot, City Engineer �1 9 _-1-1 CC: Kathy Orr, City Attorney Lisa Pickering, Deputy City Urk <�E Date: November 12, 2009 Subject: Proposed Stormwater BMP Maintenance Ordinance Attached find a copy of a proposed ordinance regarding post-construction maintenance of stormwater best management practices (BMP's). This ordinance will help us achieve one of the goals required by our NPDES stormwater permit that was issued by the Illinois EPA. This ordinance has been revised since it was reviewed at the October Public Works Committee meeting. I have added language from a model ordinance regarding plan submittal,maintenance records, and maintenance agreements, added a section regarding back-up special service areas, and made general text revisions. Please place this proposed ordinance on the November 17,2009 Public Works Committee agenda for consideration. Ordinance No. 2009- AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, AMENDING THE CODE OF ORDINANCES TO PROVIDE FOR REGULATING POST-CONSTRUCTION MAINTENANCE OF STORMWATER BEST MANAGEMENT PRACTICES WHEREAS, the United City of Yorkville (the "City") is a duly organized and validly existing non-home-rule municipality created in accordance with Article VII, Section 7 of the Constitution of the State of Illinois of 1970; and, WHEREAS, pursuant to 35 Ill. Administrative Code, Subtitle C, Chapter 1 , the United City of Yorkville storm sewer system has been identified by the Illinois Environmental Protection Agency (IEPA) as a Small Municipal Separate Storm Sewer System (MS4); and, WHEREAS, the IEPA has issued a National Pollutant Discharge Elimination System (NPDES) General Storm Water Permit for the United City of Yorkville' s Small MS4; and, WHEREAS, said NPDES permit requires the United City of Yorkville to adopt an ordinance or other regulatory mechanism related to post-construction runoff minimum control measures; and, WHEREAS, proper maintenance of stormwater Best Management Practices are essential to minimizing the pollutant content of storm water discharges to receiving streams, NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1 . That the United City of Yorkville Standards for Regulating Post- Construction Maintenance of Stormwater Best Management Practices, dated October 12, 2009, a copy of which is attached as Exhibit "A", is hereby approved and adopted. Section 2. This ordinance shall be in full force and effect upon its passage, approval and publication as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois, this Day of A.D. 2009. ATTEST: CITY CLERK 1 ROBYN SUTCLIFF DIANE TEELING GARY GOLINSKI ARDEN JOSEPH PLOCHER WALTER WERDERICH MARTY MUNNS ROSE ANN SPEARS GEORGE GILSON, JR. Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this Day of A.D. 2009. MAYOR 2 Exhibit "A" Nov. 12, 2009 UNITED CITY OF YORKVILLE STANDARDS FOR REGULATING POST-CONSTRUCTION MAINTENANCE OF STORMWATER BEST MANAGEMENT PRACTICES This document sets standards for maintenance of Best Management Practices which shall be used to meet the requirements of the National Pollutant Discharge Elimination System and the Illinois Environmental Protection Agency Small Municipal Separate Storm Sewer Systems (MS4's). Section 1. Definitions For the purposes of these standards, the following definitions are adopted: 1 . Best Management Practice (BMP) - Any technique, process, activity, structure, prohibition of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to stormwater, receiving waters, or stormwater conveyance systems. BMP 's also include treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage of raw materials storage. 2. Development - Any man-made change to real estate including, but not limited to: a. More than fifty percent (50%) increase in impervious area of an existing building and/or the affected parcel. b. Installation of utilities, construction of roads, bridges, culverts or similar projects. c. Construction or erection of levees, dams, walls or fences. d. Drilling, mining, filling, dredging, grading, excavating, paving, or other alterations of the ground surface. e. Storage of materials including the placement of gas and liquid storage tanks, and channel modifications or any other activity that might change the direction, height, or velocity of flood or surface waters. f. Development does not include routine maintenance or existing buildings and facilities, resurfacing roads, or gardening, plowing, and similar practices that do not involve filling, grading, or construction of levees. 3 3 . Maintenance Agreement — A legally recorded document that acts as a property deed restriction, and which provides for long-term maintenance of stormwater management practices. 4. Responsible Party — The developer, organization, property owner or entity owning the property upon which the stormwater Best Management Practice is located or performed. 5. Violation- The failure of a developer, organization, property owner, or other entity to be fully compliant with the City's Post-Construction Stormwater BMP Maintenance ordinance. Section 2. Best Management Practices Examples of structural stormwater BMP's include but are not limited to: Application Benefit Buffer Strips Provides additional distance between homes and natural areas; attenuates runoff rates and promotes infiltration. Created Wetlands Can move existing wetlands and re-create at a new location. Infiltration Trenches Attenuates runoff rates and promotes infiltration. Naturalized Basins Attenuates runoff rates and promotes infiltration. Sand Filters Allows additional water infiltration. Stream Bank Reinforcement Reduces long-term erosion of stream banks. Turf Reinforcement Mat Prevents rainfall from washing away plant seeds. Vegetated Filter Strips Attenuates runoff rates and promotes infiltration. Examples of non-structural stormwater BMP' s include but are not limited to : Method Education and enforcement campaigns Educational and participation programs Pollution prevention practices and procedures (street sweeping, fertilizer control, etc.) Regulatory controls Stormwater drain stenciling Strategic planning Town planning controls Training programs Section 3. Implementation All re-development of previously developed properties and all development of previously undeveloped properties shall incorporate stormwater Best Management Practices (BMP ' s) into the design, construction, operation, and maintenance of those properties. The final design of stormwater BMP 's is subject to city approval. Said BMP 's shall vary 4 based on specific characteristics of the property, and may include but are not limited to grassy swales, disconnected impervious areas, minimization of impervious areas, green roofs, naturalized stormwater basins, etc. All stormwater BMP' s shall be operated, maintained, or performed by the responsible party as necessary to ensure that the intended function and/or benefit of the stormwater BMP 's are realized. Proposed developments/re-developments shall submit a plan detailing specific stormwater BMP' s, and shall include: • A written or graphic inventory of the natural resources at the site and surrounding area as it exists prior to commencement of the project and a description of the watershed and its relation to the project site. This description shall include a discussion of soil conditions, forest cover, topography, wetlands, and other native or man-made vegetative areas on the site. Particular attention should be paid to environmentally sensitive features that provide particular opportunities or constraints for development. • A specific analysis to show that the proposed stormwater BMP 's are capable of improving or maintaining the quality or stormwater runoff from the site. • A written description of the required operation and maintenance requirements for proposed BMP 's. Section 4. Inspections 1 . All responsible parties shall adequately construct, operate, maintain and/or perform the stormwater BMP 's that have been incorporated into the design of their property. Said stormwater BMP 's shall be subject to inspection by the city at least once a year. Responsible parties shall keep records of all maintenance and repairs, and shall retain the records for at least 5 years. These records shall be made available to the City during inspection of the stormwater BMP' s and at other times upon request. Section 5. Maintenance Agreements I . All stormwater BMP practices shall have an enforceable operation and maintenance agreement to ensure the system functions as designed. This agreement will include any and all maintenance easements required to access and inspect the stormwater BMP practices, and to perform routine maintenance as necessary to ensure proper functioning of the stormwater practices. In addition, a legally binding covenant specifying the parties responsible for the proper operation and maintenance of all stormwater BMP practices shall be secured prior to issuance of any building permits or recording of plats of subdivision for the property in question. 5 Section 6. Previously Developed Properties 1 . Most stormwater facilities in existence prior to the adoption of these standards inherently result in some improvement to stormwater quality and therefore meet the definition of a stormwater BMP. Therefore, such facilities shall be maintained by the responsible party to a condition indicated by their original design. No changes shall be made to tributary conveyances, basins, or outfalls without specific approval from the city. Section 7. Administration 1 . The City Administrator or his/her designee shall be responsible for the general administration of these standards and ensure that all development and/or maintenance activities within the United City of Yorkville meet the requirements of these standards. Specifically, the City Administrator or his/her designee shall: a. Perform periodic site inspections of all properties that have stormwater BMP's incorporated into their design to ensure compliance with this ordinance. b. Meet with the responsible parties regarding construction, operation, maintenance and/or performance of stormwater BMP' s as necessary to ensure that they understand their responsibilities regarding stormwater BMP's. c. At his/her discretion, issue a stop-work order requiring the suspension of the subject development or activity if there is a violation of these standards. The stop-work order shall be in writing, indicate the reason for the issuance, and shall order the action, if necessary, to resolve the circumstances requiring the stop-work order. d. Arrange for city forces or contractors to mitigate/repair any damage to stormwater BMP' s if the responsible party does not perform the work within 60 days (or other timeframe specified by the city) of written direction from the city to do so. The cost of mitigation/repair and any related administrative or legal activities shall be borne by the responsible party. e. If the responsible party does not perform the work or reimburse the city within the specified timeframe, the City Administrator or his/her designee shall prosecute the responsible parties through the administrative adjudication process or other available means. Section 8. Variances 1 . If a responsible party feels that these standards place undue hardship on a specific development proposal or property, the responsible party may apply to the City Administrator for a variance. The City Administrator or his/her 6 designee shall review the applicant's request for a variance and shall submit his/her recommendation to the City Council. The City Council may attach such conditions to granting of a variance as it deems necessary to farther the intent of these standards. 2 . No variance shall be granted unless the applicant demonstrates that all of the following conditions are met. a. An exceptional hardship would result if the variance were not granted. Economic hardship is not a valid reason to grant a variance. b. The relief requested is the minimum necessary. c. The applicant's circumstances are unique and do not establish a pattern inconsistent with the intent of the city's NPDES General Storm Water Permit. Section 9. BMP Maintenance Lien and Foreclosure I . Lien Claim: Un-reimbursed costs for work performed under Section 7. Ld of these Standards may result in a lien to be filed upon the property. Whenever a bill for such costs remains unpaid for thirty (30) days after it has been rendered, the clerk may file with the recorder of deeds of Kendall County a statement of lien claim. This statement shall contain a legal description of the property, the expenses and costs incurred and the date(s) when the work was performed, and a notice that the city claims a lien for the amount of such expense. 2. Notice Of Lien Claim: Notice of such lien claim shall be mailed to the responsible party at the last known address of such responsible party; provided, however, that failure of the clerk to record such lien claim or to mail such notice, or the failure of the responsible party to receive such notice, shall not affect the rights of the city to collect for such charges as provided in this section; nor shall the failure of the responsible party to receive such notice affect the right of the city to foreclose for the lien for such charges. 3 . Foreclosure Of Lien: a. Property subject to a lien for work performed under this section may be sold for nonpayment of the same, and the proceeds of such sale shall be applied to pay the charges, after deducting costs, as is the case in the foreclosure of statutory liens. b. The city attorney is hereby authorized and directed to institute such proceedings, in the name of the city, in any court having competent jurisdiction over such matter, against any property for which such bill has remained unpaid thirty (30) days after it has been rendered. 7 Section 10. Backup Special Service Areas 1 . For properties that have back-up special service areas established or allowed by agreement to fund maintenance of common areas, the city may activate said SSA to collect un-reimbursed costs or to fund ongoing or future costs related to operation, maintenance, or performance of stormwater BMP' s. Section 11. Conflicts 1 . These standards do not repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. Where this ordinance and other easements, covenants or deed restrictions conflict or overlap, whichever imposes the more stringent restrictions shall prevail. Section 12. Separability 1 . The provisions and sections of these standards shall be deemed separable and the invalidity of any portion of these standards shall not affect the validity of the remainder. 8