HomeMy WebLinkAbout6.2 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT WITH THE ILLINOIS DEPARTMENT OF TRANSPORTATION (IDOT), THE ILLINOIS DEPARTMENT OF NATURAL RESOURCES (IDNR), THE CITY OF PROSPECT HEIGHTS, AND THE VILLAGE OF MOUNT PROSPECT TOMr�GauC �'d'+rt;�iect
Subject A RESOLUTION AUTHORIZING• •
EXECUTE AN INTERGOVERNMENTAL
ILLINOISTHE DEPARTMENT OF • •
•T), THE ILLINOIS DEPARTMENT OF
RESOURCES (IDNR), THE CITY OF PROSPECT
AND THE VILLAGE OF MOUNT PROSPECTTO
CLOSUREFACILITATE CONSTRUCTION OF A STORM SEWER
ON
Meeting September 20, 2022 - REGULAR MEETING OF THE MOUNT
PROSPECT VILLAGE BOARD -
Fiscal Impact false
Dollar Amount N/A.
Budget Source N/A.
Category CONSENT AGENDA
Type Consent
Levee 37 was designed to protect homes from inundation by the Des Plaines River. The
levee wall serves as a physical barrier between record river crests and the adjacent
residential neighborhoods. It was designed and constructed by the United States Army
Corps of Engineers (USACE). Local partners included the Illinois Department of Natural
Resources (IDNR), the Illinois Department of Transportation (IDOT), the City of Prospect
Heights, and the Village of Mount Prospect. The original Intergovernmental Agreement
(IGA) to facilitate this work was executed in 2008. Construction was substantially
completed in 2011.
Amendment #1 of the IGA was executed in 2014. It granted additional permanent
easements for access to the levee wall for purposes of maintenance, repair and
rehabilitation.
Amendment #2 of the IGA was executed in 2020. It authorized the construction of a
supplemental pump station at Pump Station 2. Work is ongoing and expected to be
completed later this fall.
The purpose of Amendment #3 of the IGA is to authorize construction of a closure
1
structure to an existing 54" diameter storm sewer pipe in the City of Prospect Heights. The
pipe outlet is located adjacent to the river near Palatine Road east of Milwaukee Avenue.
Should river levels rise above the pipe outlet, the flap gate will close preventing water from
backing up in the pipe. Water entering the pipe system upstream will be pumped over the
levee wall by City of Prospect Heights staff.
IDNR has secured $500,000 from the Illinois General Assembly for engineering and
construction costs. Engineering plans are currently being developed by the IDNR in
cooperation with the local partners. Construction is expected to take place in 2023 but a
firm schedule has not yet been set. There will be no cost to the Village of Mount Prospect
for the work.
Once construction is complete, the USAGE will certify that all necessary work associated
with Levee 37 has been accomplished and will formally request a Letter of Map Revision
(LOMR) be issued by the Federal Emergency Management Agency (FEMA).
FEMA will review all project documentation associated with Levee 37 including the flood
control projects at Burning Bush Trails Park and Aspen Trails Park, and reissue floodplain
maps showing the affected properties at the northeast part of Mount Prospect outside the
floodplain. The new floodplain line will be drawn east of the levee wall, outside the Village
limits. Residents will then no longer be required to purchase annual flood insurance but can
still choose to do so at a discounted rate because of the Village's Class 6 rating in FEMA's
Community Rating System program. It is expected for FEMA to take approximately one
year to review the project documentation and issue the LOMR.
Attached for the Village Board's consideration is IGA Amendment #3 that authorizes
construction of a closure structure to an existing 54" diameter storm sewer pipe in the City
of Prospect Heights. Upon completion, all required work associated with Levee 37 will be
accomplished so that FEMA can proceed with issuing a LOMR and revising the floodplain
maps.
Alternatives
1. Pass a resolution authorizing an Intergovernmental Agreement with the IDOT, IDNR,
City of Prospect Heights, and Village of Mount Prospect to construct a closure
structure on a 54" diameter storm sewer pipe in the City of Prospect Heights.
2. Action at the discretion of the Village Board.
Staff Recommendation
Staff recommends that the Village Board pass a resolution authorizing the mayor to sign an
intergovernmental agreement with IDOT, IDNR, Prospect Heights, and the Village to
facilitate construction of a storm sewer closure on Levee 37.
ATTACHMENTS:
Levee_37_Amendment_3. pdf
2
Resolution.pdf
AMENDMENT NUMBER THREE
to an
AGREEMENT
between the
STATE OF ILLINOIS/DEPARTMENT OF NATURAL RESOURCES
and the
STATE OF ILLINOIS/DEPARTMENT OF TRANSPORTATION
and the
CITY OF PROSPECT HEIGHTS
and the
VILLAGE OF MOUNT PROSPECT
forthe
UPPER DES PLAINES RIVER FLOOD DAMAGE REDUCTION PROJECT
ELEMENT, LEVEE 37
Contract Number OWR-243
THIS AMENDMENT NUMBER THREE is made among the City of Prospect
Heights, hereinafter referred to as the "CITY", the Village of Mount Prospect, hereinafter
referred to as the "VILLAGE", the State of Illinois/Department of Natural Resources,
hereinafter referred to as "NATURAL RESOURCES" and the State of
Illinois/Department of Transportation, hereinafter referred to as "TRANSPORTATION";
and
WHEREAS, the CITY, the VILLAGE, NATURAL RESOURCES and
TRANSPORTATION entered into an agreement and subsequent amendment numbers
one and two, effective September 16, 2008, January, 31 2014 and September 4,
2020, respectively, hereinafter collectively referred toas the "AGREEMENT," copies
of which are attached hereto as EXHIBIT A, EXHIBIT B and EXHIBIT C and
incorporated herein by reference, covering the construction of the Levee 37 Project
Element, hereinafter referred to as the "PROJECT"; and
WHEREAS, a closure structure near Palatine Road, herein referred to as the
"PALATINE ROAD CLOSURE STRUCTURE ELEMENT, is required to adequately
provide flood protection in association with the previously constructed aspects of the
PROJECT and the parties wish to amend the PROJECT to include said PALATINE
ROAD CLOSURE STRUCTURE ELEMENT; and,
WHEREAS, additional rights-of-way belonging to TRANSPORTATION are
required for completion of the PALATINE ROAD CLOSURE STRUCTURE ELEMENT
and are identified on EXHIBIT D attached hereto; and,
WHEREAS, the CITY has acquired, in the name of the CITY and without cost to
NATURAL RESOURCES, TRANSPORTATION or VILLAGE, a permanent easement to
facilitate the construction, operation and maintenance of the PROJECT from
TRANSPORTATION; and,
WHEREAS, the CORPS has estimated the total cost of construction of the
PALATINE ROAD CLOSURE STRUCTURE to be approximately $500,000; and,
WHEREAS, the Illinois General Assembly appropriated the funds needed to
complete the installation of the PALATINE ROAD CLOSURE STRUCTURE ELEMENT
4
to NATURAL RESOURCES under Public Act. 102-0017 Article 141, Section 70 in FY22
for expenditure by the Office of Water Resources for Flood Control and Water
Development Projects; and,
WHEREAS, the CORPS requested and NATURAL RESOURCES agreed to
develop engineering plans and special provisions, advertise and award, provide resident
engineering services during construction, and provide construction funding estimated at
$500,000, for the PALATINE ROAD CLOSURE ELEMENT; and,
WHEREAS, NATURAL RESOURCES has determined that the execution of this
AGREEMENT is subject to the signature requirements of the "State Finance Act," 30
ILCS 105/9.02; and
WHEREAS, NATURAL RESOURCES has determined that 1) the circumstances
necessitating this AMENDMENT NUMBER THREE were not reasonably foreseeable at
the time the AGREEMENT was executed and amended, 2) this AMENDMENT NUMBER
THREE is germane to the AGREEMENT, and 3) this AMENDMENT NUMBER THREE is
in the best interest of NATURAL RESOURCES and the State of Illinois.
NOW THEREFORE, for and in consideration of these premises, the parties
hereto agree to the following modifications therein:
The description of the LEVEE 37 PROJECT ELEMENT setforth in the 611
WHEREAS paragraph of the AGREEMENT shall be amended to include
the PALATINE ROAD CLOSURE STRUCTURE ELEMENT added to
the Project pursuant to this Amendment Number 3. All duties and
responsibilities of the parties regarding the LEVEE 37 PROJECT
ELEMENT set forth in the AGREEMENT shall specifically include and
also apply to the PALATINE ROAD CLOSURE STRUCTURE
ELEMENT added to the project pursuant to this Amendment Number
3.
At the end of paragraph D.6 of the AGREEMENT, the following language
shall be added: "TRANSPORTATION will grant access to its property as
shown on EXHIBIT D attached hereto and incorporated herein by
reference, which amends amended ATTACHMENT 4 to the
AGREEMENT, the intent herein being to grant such additional access over
and upon the additional access areas shown on EXHIBIT D to the
VILLAGE, CITY, CORPS and NATURAL RESOURCES for the purpose of
construction, operations, inspections, maintenance, repair and rehabilitation
of the LEVEE 37 PROJECT ELEMENT for so long as LEVEE
5
37 PROJECT ELEMENT remains authorized by the CORPS. Any actions of the
VILLAGE, CITY and/or NATURAL RESOURCES forthe purpose of
construction, operations, inspections, maintenance, repair and rehabilitation of
the LEVEE 37 PROJECT ELEMENT that will impact normal traffic flows will
require an IDOT traffic access permit."
3. The parties to this AMENDMENT NUMBER THREE and the CORPS have
determined that the Levee 37 project limits need to be expanded as shown on
EXHIBIT D. TRANSPORTATION has agreed to expand the access area as
shown on such EXHIBIT.
4. The existing second sentence of paragraph A.2 of the AGREEMENT shall be
changed to the following: "NATURAL RESOURCES' funding obligation under this
AGREEMENT will terminate upon the completion of the PUMP STATION
ELEMENT and the PALATINE ROAD CLOSURE STRUCTURE ELEMENT, when
the NATURAL RESOURCES' cost share is expended, or June 30, 2025,
whichever comes first."
5. After the first sentence of paragraph A.2 of the AGREEMENT, the following
sentence shall be added: "Additionally, Natural Resources' funding obligation
shall include the non-federal cash amount for the PALATINE ROAD CLOSURE
STRUCTURE ELEMENT added to the LEVEE 37 PROJECT ELEMENT,
estimated to be $500,000."
6. All other covenants under terms of the AGREEMENT remain unchanged and in
full force and effect except and to the extent otherwise provided herein.
IN WITNESS WHEREOF, the parties hereto set their hands and seals the day and year
written, and represent that the signatories below are duly authorized to execute this
AMENDMENT NUMBER THREE on behalf of their respective bodies, and that the effective
date of this amendment is the date approved and executed by the Director of NATURAL
RESOURCES.
STATE OF ILLINOIS/DEPARTMENT OF NATURAL RESOURCES
RECOMMENDED:
..... .... ... ....www. ............ ..... ............... ...........
Loren Wobig, Director
Office of Water Resources
Date:
APPROVED:
Renee Snow
General Counsel
Date:
APPROVED:
Colleen Callahan, Director
Department of Natural Resources
Date:
APPROVED:
Meta Darnell
Chief Fiscal Officer
Date:
1J
VILLAGE OF MOUNT PROSPECT
ATTEST: APPROVED:
Karen Agoranos, Clerk Paul Wm. Hoefert, Mayor
Village of Mount Prospect
Date: .... ..... .._... _ _ Date:......... .......... ...... .__.wv -_--
CITY OF PROSPECT HEIGHTS
ATTEST:. 0! Q ......... APPROVED:
�0yfl6<0pP0,0q�•
G
SEAL co
o" Matthew Dolick, Acting
Karen Schultheis, Z
%%N Mayor
Deput Clerk w�''•;l(�01�',,������City of Prospect He i hts
� Djwate: 2S O�
Date:�J__
STATE OF ILLINOIS/DEPARTMENT OF TRANSPORTATION
RECOMMENDED:
Director -Division of Highways
Chief Engineer
Date:
APPROVED AS TO FORM:
Chief Counsel
Date:
APPROVED:
Acting Secretary
Date:
7
A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL
AGREEMENT WITH THE ILLINOIS DEPARTMENT OF TRANSPORTATION (IDOT),
ILLINOIS DEPARTMENT OF NATURAL RESOURCES (IDNR), CITY OF PROSPECT
HEIGHTS, AND VILLAGE OF MOUNT PROSPECT FOR THE CONSTRUCTION OF A
STORM SEWER CLOSURE STRUCTURE AS PART OF THE LEVEE 37 PROJECT
WHEREAS; the Village of Mount Prospect is a unit of local government authorized to exist under the
terms of the Illinois Compiled Statutes; and
WHEREAS; the IDOT, IDNR, City of Prospect Heights, and Village of Mount Prospect entered into an
agreement and subsequent amendment numbers one and two, effective September 16, 2008 and January
31, 2014 and September 4, 2020 respectively, covering the construction of the Levee 37 Project; and
WHEREAS, a storm sewer closure structure near Palatine Road is required to adequately provide flood
protection in association with the previously constructed aspects of the project; and
WHEREAS, additional rights-of-way belonging to IDOT are required for completion of the closure
structure; and
WHEREAS; the City of Prospect Heights has acquired in the name of the City and without cost to the
IDOT, IDNR or Village of Mount Prospect, a permanent easement to facilitate the construction, operation
and maintenance of the storm sewer closure structure from IDOT.
NOW THEREFORE BE IT RESOLVED; By the President and Board of Trustees of the Village of
Mount Prospect, Cook County, Illinois
SECTION ONE: The Mayor is hereby authorized to execute Amendment Number Three to an
Intergovernmental Agreement between the IDOT, IDNR, City of Prospect Heights, and Village of Mount
Prospect for the Upper Des Plaines River Flood Damage Reduction Project Element, Levee 37.
SECTION TWO: Amendment Number Three to an Intergovernmental Agreement between the IDOT,
IDNR, City of Prospect Heights, and Village of Mount Prospect for the Upper Des Plaines River Flood
Damage Reduction Project Element, Levee 37, Contract Number OWR-243, is attached to and made part
of this Resolution.
SECTION THREE: That this Resolution shall be in full force and effect from and after its passage.
AYES:
ABSENT:
PASSED and APPROVED this 20"' day of September 2022.
Paul W. Hoefert, Mayor
ATTEST:
Karen M. Agoranos, Village Clerk
0