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Home My WebLink About5. NEW BUSINESS 07/06/2010 Mount Prospect MP Mount Prospect Public Works Department INTEROFFICE MEMORANDUM TO: VILLAGE MANAGER MICHAEL E. JANONIS ' FROM: PROJECT ENGINEER DATE: JULY 1, 2010 SUBJECT: JUNE SAFETY COMMISSION MEETING HELENA AVENUE PARKING STUDY — HAVEN STREET T • ir`' . t 1 ET The Safety Commission transmits their recommendation to remove the parking prohibition signs along Helena Avenue between Haven Street and Lincoln Street. There are currently two parking ordinances in the Village Code for Helena Avenue that overlap one another. One prohibits parking at all times along both sides of Helena Avenue between Haven Street and Lincoln Street. The other prohibits parking at all times along both sides of Helena Avenue for the first 360' south of Lincoln Street. At one time, Helena Avenue was only 15' wide for the first 360' south of Lincoln Street and then widened to a standard 31' wide neighborhood street. It appears the second ordinance was enacted approximately 30 years ago to allow parking for the wide portion of the block but the first ordinance was not repealed. Approximately 10 years ago, the Village widened the street so that the entire block is now a standard 31' wide neighborhood street. During construction, parking prohibition signs on the east side of the street were removed and not replaced. Two signs on the west side of the street were left and are currently in place today. A parking ordinance review did not take place during the road widening project. The Village recently received an inquiry from a resident on Helena Avenue about removing the remaining signs. No other local streets of similar width in the neighborhood prohibit on -street parking. Repealing the ordinance would allow residents the benefit of on -street parking while services such as emergency vehicle access, garbage pick -up, street sweeping and mail delivery should not be impacted. A notification letter was sent to the 16 properties along the block soliciting their comments on this issue. The Village received nine completed surveys. Eight properties supported allowing on -street parking and one property desired that the parking prohibition remain. This issue was discussed at the June 14, 2010 Safety Commission Meeting. There were no residents from Helena Avenue that were in attendance. After some discussion, the Safety Commission made a recommendation to remove the parking prohibition signs along Helena Avenue between Haven Street and Lincoln Street. page 1 of 2 June Safety Commission Meeting July 1, 2010 By a vote of 8 -0, the Safety Commission recommends the following ordinance changes: • Repeal the ordinance that prohibits parking at all times along the east and west sides of Helena Avenue between Haven Street and Lincoln Street (Section 18.2006). • Repeal the ordinance that prohibits parking at all times along the east and west sides of Helena Avenue for the first 360' south of Lincoln Street (Section 18.2006). Please include this item on the July 6 Village Board Meeting Agenda. Enclosed are the Safety Commission Minutes from the meeting as well as a location map for your reference. c: Director of Public Works Glen Andler Village Engineer Jeff Wulbecker Village Clerk Lisa Angell h: lengineeringltra fclsafecommlrecs &min juneIOrec.doc page 2 of 2 U z Z E z w O • O H- z z - Q ¢ O 0 z z Y Y Q Q d d O O Z Z 1 I '" • 121 1 Vall 1 AV VN313H ;ANA <. . ;it M1 t w D z w 1 Z w • J Z O a Z ZZ 0 L Q Z 0 O g r w O ce O a. Z —41111 lV U J W w a Q W W Mount Prospect Director Deputy Director Glen R. Anther Sean P. Dorsey Mount Prospect Public Works Department 1700 W. Central Road, Mount Prospect, Illinois 60056 -2229 MINUTES OF THE MOUNT PROSPECT SAFETY COMMISSION DRAFT • CALL TO ORDER The regular meeting of the Mount Prospect Safety Commission was called to order at 7:02 p.m. on Monday, June 14, 2010. ROLL CALL Present upon roll call: Chuck Bencic Commissioner Angel Campos Commissioner Robert Fisher Commissioner Fred Pampel Commissioner Carol Tortorello Commissioner Mike Eterno Police Department Representative Buz Livingston Fire Department Representative Jeff Wulbecker Public Works Representative Matt Lawrie Traffic Engineer — Staff Liaison Absent: John Keane Chairman Others in Attendance: None. Commissioner Bencic served as Chairman in John Keane's absence. APPROVAL OF MINUTES Commissioner Pampel, seconded by Village Engineer Wulbecker, moved to approve the minutes of the regular meeting of the Safety Commission held on February 8, 2010. The minutes were approved by a vote of 6 -0 with Commissioner Bencic and Battalion Chief Livingston abstaining. CITIZENS TO BE HEARD There was no one in attendance that spoke on an issue not on the agenda. Safety Commission Meeting Page 1 of 3 June 14, 2010 OLD BUSINESS There was no old business to discuss. NEW BUSINESS A. HELENA AVENUE PARKING STUDY 1) Background Information Current Traffic Regulations According to the Village Code: 1. Parking is prohibited at all times along both sides of Helena Avenue between Haven Street and Lincoln Street according to the Village Code. There is also an overlapping ordinance that prohibits parking at all times along both sides of Helena Avenue for the first 360' south of Lincoln Street. However, there are currently only two signs posted on the west side of the street. 2. Parking is prohibited 2:OOam — 6:OOam on all Village streets including the 400 block of Helena Avenue. 3. Parking is prohibited along the west side of Douglas Avenue between Lincoln Street and White Oak Street because of its narrow width. 4. None of the other local streets in the neighborhood have daytime parking restrictions. Current Layout 1. Helena Avenue is 31' wide (back -of -curb to back -of- curb), a standard width street. 2. Other local streets in the neighborhood vary between 24' and 31' wide with some having curb and gutter and others without. 3. Lincoln Street, an east -west collector street, is approximately 40' wide (back -of -curb to back -of- curb). Current Traffic Conditions 1. During a typical day, the 400 block of Helena Avenue experiences a level of on- street parking similar to other neighborhood streets. The few parked vehicles observed during the day appear to be associated with those properties along the block. 2. None of the other local streets in the neighborhood appear to have a parking issue. Issues I. The parking prohibition along the 400 block of Helena Avenue appears to have been enacted approximately 30 years. At the time, a portion of the street was much narrower making travel difficult with vehicles parked on both sides of the street. 2. Approximately 10 years ago, the Village widened the street so that the entire block is now a standard 31' wide neighborhood street. During construction, parking prohibition signs on the east side of the street were removed and not replaced. Two signs on the west side of the street were left and are currently in place today. A parking ordinance review did not take place during the road widening project. 3. Recently, the Village received an inquiry from a resident on Helena Avenue about removing the signs. 4. Removing the signs would allow residents the benefit of on- street parking. Services such as emergency vehicle access, garbage pick -up, street sweeping and mail delivery should not be impacted with allowing on- street parking. 5. A notification letter was sent to the 16 properties along the block soliciting their comments on this issue. The Village received night completed surveys. Eight properties supported allowing on- street parking and one property desired that the parking prohibition remain. 2) Recommendation Many years ago the parking prohibition along the 400 block of Helena Avenue addressed a specific problem. Today, however, the circumstances that led to the ordinances are different and the parking prohibition does not appear to be relevant. Further, a majority of residents along the block who returned a survey favor removing the signs. Recommendation: Repeal the ordinances that prohibit parking at all times along the east and west sides of Helena Avenue between Haven Street and Lincoln Street. 3) Discussion Traffic Engineer Lawrie summarized the parking study performed by the Engineering Division along Helena Avenue. He also mentioned that a majority of those residents who responded to the survey supported removing the signs. Sergeant Eterno said that even with the lack of signs parking has not been an issue on the street and that no citations have been written in the past. Battalion Chief Livingston had no objection to allowing parking on the street as emergency vehicle access should not be impeded. Commissioner Pampel made a motion to repeal the ordinances that prohibit parking at all times along the east and west sides of Helena Avenue between Haven Street and Lincoln Street. It was seconded by Commission Tortorello. The motion was approved by a vote of 8 -0. COMMISSION ISSUES Commissioner Tortorello shared a concern with vehicles making illegal turns where Prospect Avenue, Hi -Lusi Avenue & Central Road intersect. Sergeant Eterno said the Police Department would monitor it. Commissioner Tortorello also questioned whether stop signs on private property are enforceable. Sergeant Eterno responded that the Police Department will only issue tickets for stop sign violations on private property if the owner has a written agreement with the Village. Commissioner Campos raised a concern about a possible sight obstruction at the intersection of Lincoln Street and We -go Trail. He also mentioned that construction vehicles are parking on both sides of Hatlen Avenue near Michael Street making it difficult for vehicles to pass by. Traffic Engineer Lawrie said he would look into these issues. Commissioner Campos also was concerned about parked vehicles blocking the sidewalk along Hatlen Avenue near Lincoln Street. Sergeant Eterno said he would monitor this situation. ADJOURNMENT With no further business to discuss, the Safety Commission voted 8 -0 to adjourn at 7:25 p.m. upon the motion of Commissioner Pampel. Commissioner Campos seconded the motion. h : \engineering \traffic\ safety_ commission \revs &mins \june l Omin.doc Safety Commission Meeting Page 3 of 3 June 14, 2010 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 18 ENTITLED "TRAFFIC CODE" OF THE VILLAGE CODE OF MOUNT PROSPECT BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS ACTING IN THE EXERCISE OF THEIR HOME RULE POWERS: SECTION ONE: That Section 18.2006 of "SCHEDULE VI — NO PARKING ANYTIME" of Chapter 18 of the Village Code of Mount Prospect, as amended, is hereby further amended by deleting the following: "Name Side of Street Description Helena Avenue East and west Between Haven and Lincoln Streets Helena Avenue East and west The first 360 feet south of Lincoln Street." SECTION TWO: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this day of July, 2010. Irvana K. Wilks Mayor ATTEST: M. Lisa Angell Village Clerk H: \CLKO \WIN \ORDINANCE2 \CH 18,parkingHelenaJuly6,2010.doc Mount Prospect Village of Mount Prospect Mount Prospect, Illinois INTEROFFICE MEMORANDUM TO: MAYOR IRVANA WILKS BOARD OF TRUSTEES FROM: MICHAEL E. JANONIS DATE: JUNE 24, 2010 RE: COOK COUNTY RED LIGHT CAMERA OPT -OUT Recently the Cook County Board adopted an Ordinance providing for the installation of Red Light cameras on County owned roads within its maintenance jurisdiction, including intersections within the corporate limits of municipalities. The County's initial list of targeted intersections did not include any within Mount Prospect's corporate limits. Not withstanding, the Village Board expressed it opposition to the County's actions and directed staff to research options. Widespread opposition to this encroachment on municipal autonomy resulted in an amendment to the original ordinance offered by the local Commissioner Timothy Schnieder, which gives a municipality the right to "opt -out" of allowing the cameras within its corporate limits. The amendment was adopted by the County Board earlier this month. The attached Resolution expresses the decision of the Village Board to exercise its opt -out option. Upon adoption, a certified copy of the Resolution will be forwarded to the County. C: Police Chief John Dahlberg Public Works Director Glen Andler Village Engineer Jeff Wulbecker RESOLUTION NO. RESOLUTION OPPOSING COOK COUNTY'S INSTALLATION AND OPERATION OF RED LIGHT CAMERAS IN THE VILLAGE OF MOUNT PROSPECT WHEREAS, the Village of Mount Prospect is a home rule municipality and has the powers granted to it under Article VII, Section 6, of the Illinois Constitution of 1970; and WHEREAS, Cook County adopted an automated red light traffic safety system, pursuant to Section 11- 208.6 of the Illinois Vehicle Code, 625 ILCS 5/11 - 208.6, which authorizes automated traffic law enforcement systems, and intends to install or operate red Tight cameras under its automated red light traffic safety system on highways within its maintenance jurisdiction, including intersections within the corporate limits of municipalities; and WHEREAS, the President and Board of Trustees have determined r f Cook County's installation or operation of red light cameras within the corporate limits of the Vil - 40s ount Prospect is not in the best interests of the Village of Mount Prospect or its residents; an..;: WHEREAS, the Village of Mount Prospect desires to opt -ou • ' •o ounty's :1110• ated red light traffic safety system for all intersections within the Village's incor•.• .ted boundaries; an. WHEREAS, the Village of Mount Prospect hereby op 4044a Cook 0 nty's red light tr- Ai1 *. a'`iety system for all intersections within its incorporated boundaries, pu `'9f- at to - r • n 82- 101(c) of - Cook County Code. NOW, THEREFORE, BE IT RESOLVED HE PRESIDENT • ®, BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT: SECTION ONE That the Village of Mount Pros° ct e qv, 1•.ts -out of Cir.. County's automated red light traffic safety system for all intersections within 3 e cor. r- 10_ is • " the Village of Mount Prospect, pursuant to Section 82- 101(c) • e Cook County :•• SECTION TWO That t. - nstall_' .tks::e an automa traffic law enforcement system by Cook County or any governmental bo. '+`1 R -r than t YZY. . illage of Mou Prospect, within the corporate limits of the Village of Mount Prospect is ere: F ohibite SECTION THRE hat the vfhfa- 'e`f , 11 . ereby directed to file and transmit a copy of this Resolution , , fi-rt" t• -nt an•4>'fitt: d of Com is' loners of Cook County. SECTIO 4 OUR: This R=`- on sha ; . , II force and effect after passage and approval in the manner provide• • .,w. AYES: NAYS: ABSENT: PASSED and APPROV D this day of July, 2010. Irvana K. Wilks Mayor ATTEST: M. Lisa Angell Village Clerk C: \Documents and Settings \MJanonis \Local Settings \Temporary Internet Files \OLK5B \Oppose Cook County Red Light Cameras (3)juIy2010.DOC 253210_1 1 10 -0 -33 ORDINANCE Sponsored by THE HONORABLE TIMOTHY 0. SCHNEIDER, LARRY SUFFREDIN, GREGG GOSLIN, ELIZABETH `°LIZ DOODY GORMAN AND PETER N. SILVESTRI COUNTY COMMISSIONERS Co- Sponsored by THE HONORABLE ANTHONY J. PERAICA, COUNTY COMMISSIONER BE IT ORDAINED, by the Cook County Board of Commissioners, that Chapter 82 Traffic and Vehicles, Article IV Automated Red Light Traffic Safety System, Section 82 -101 of the Cook County • Code is hereby amended as follows: Sec. 82 -101. Purpose; establishment of automated red light traffic safety system. (a) The purpose of this article is to establish an automated red light violation traffic safety system as provided in Section 11 -208.6 of the Vehicle Code, 625ILCS 5/11- 208.6, which shall be administered by the Cook County Highway Department, in consultation with the Sheriff of Cook County. (b) The system shall utilize a traffic control signal monitoring device which records, through photographic means, the vehicle and the vehicle registration plate of a vehicle operated in violation of Sections 11 -305 and 11 -306 of the Vehicle Code, 625 ILCS 5/11 -305 and 11 -306. The photographic record shall also display the time, date and location of the violation. (c) A program shall be established which utilizes an automated red light safety system at various vehicle traffic intersections identified by the Highway Department, with the advice of the Sheriff. The intersections chosen for the program shall be located throughout the County, upon highways in the County's maintenance jurisdiction. Signs shall be posted at all intersections equipped with traffic control signal monitoring devices indicating that the intersection is being monitored by an automated red light traffic safety system. Upon application by a local municipality, the County may permit, through intergovernmental agreement, the local municipality to install and maintain such a system and issue citations, with all cost paid by and all fines paid to the local municipality, at intersections which are under maintenance and operation jurisdiction of the County, but within the police jurisdiction of such municipality. Upon passage by Resolution, a municipality may opt -out of participation in the County's automated red light traffic safety system for any vehicle traffic intersection within its incorporated boundaries. (d) Recorded images made by an automated red light traffic safety system are confidential and shall be made available only to the alleged violator and governmental and law enforcement agencies for the purpose of adjudicating a violation of Section 11-208.6 of the Vehicle Code, for statistical purposes, or for other governmental purposes, but shall be admissible in any court proceeding concerning the violation. r (e) The Highway Department and the Sheriff shall adopt rules and regulations as may be necessary for the proper enforcement and administration of this article. Effective date: This Ordinance Amendment shall be in effect upon adoption. Approved and adopted this 15th day of June 2010. ` ( APPROVED AS AMENDED BY THE BOARD Of COOK COUNTY COMMISSIONERS JUN 1 5 2010 COM Village of Mount Prospect iir Mount Prospect, Illinois INTEROFFICE MEMORANDUM TO: MAYOR IRVANA WILKS BOARD OF TRUSTEES FROM: MICHAEL E. JANONIS DATE: JUNE 24, 2010 RE: LIMITS ON LOCAL CONTROL OF POLITICAL SIGNS The attached article outlines recent legislation which limits the ability of a municipal to regulate the placement of political signs. The legislation pre -empts Home Rule authority. On advice of Counsel, adoption of the attached Ordinance will bring us into compliance with the new legislation. C: Community Development Director William Cooney Municipal Law a -News KLEIN, THORPE & JENKINS, LTD. Attorneys at Law June 15, 2010 New Limits on Municipal Regulation of Political Signs Public Act 96 -904 ( "Act "), effective January 1, 2011, creates new restrictions on For more information about municipal authority regarding certain prohibitions on political campaign signs on residential property. The language of this amendment to Section 11 -13 -1 of the matters discussed in this Illinois Municipal Code, relative to municipal authority to regulate for health, issue, please feel free to safety and welfare, is underscored below, as follows: contact Klein, Thorpe and (12) to establish local standards solely for the review of the exterior design Jenkins. of buildings and structures, excluding utility facilities and outdoor off- premises advertising signs, and designate a board or commission to implement the review process; except that, other than reasonable Y. restrictions as to size, no home rule or non -home rule municipality may 1' prohibit the display of outdoor political campaign signs on residential.. i property during any period of time, the regulation of these signs being a power and function of the State and, therefor, this item (12) is a denial and j , limitation of concurrent home rule powers and functions under subsection ' � . `�` >� , t. � (i) of Section 6 of Article VII of the Illinois Constitution. ` - lb ; Significantly, the Act expressly provides that municipalities retain authority to I i tt t ' ` enforce reasonable size limitations on political campaign signs, but that outdoor >tt�, 1 ' " political campaign signs on residential property cannot be prohibited "during - : ` , any period of time." The amendatory language does not address several --. ° I. 1 importa issues, including what constitutes a "political campaign" sign, and ° -' what constitutes a "prohibition" on such signage. As drafted, the scope of the Act is unclear and may create some confusion about continued municipal 2 ° , ; 3 ; 8 • ,_ regulation of the number, location, etc. of political campaign signs, when such regulation does not "prohibit" any political campaign signage. Based on the legislative debates, it appears that the Act was intended to address certain limited time periods for posting political campaign signs on residential property prior to and after an election. Clearly, the Act could have been more carefully crafted to address that intention. The law expressly preempts home rule authority, stating that the regulation of political campaign signs is a power and function of the State. Some municipal codes currently provide that political campaign signs can only be displayed for limited periods prior to and after the election to which the sign referred. The Act prohibits these limited time -based ordinance provisions. The Act generally conforms with recent judicial developments in this area regarding the constitutionality of such time limitations on political signage. Please contact KTJ should you require additional details on this matter or to assist you in amending your municipal code to reflect the changes in the law. Klein. Thorpe & Jenkins. Ltd Chicago Orland Park 20 N. Wacker Drive, Suite 1660 15010 S. Ravinia Avenue, Suite 10 Chicago. IL 60606 Orland Park, IL 60462 T 312 984 6400 F 312.984.6444 T 708 349 3888 F 708.349.1 506 www. ktjlaw.com _.... ___. . ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 7, SIGN REGULATIONS, OF THE VILLAGE CODE OF MOUNT PROSPECT, ILLINOIS, REGARDING POLITICAL SIGNS BE IT ORDAINED by the President and Board of Trustees of the Village of Mount Prospect, Cook County, Illinois, acting in the exercise of their home rule powers, as follows: SECTION 1: Subsection F of Section 7.205, "Exempt Signs," of Article II, "Scope ", of Chapter 7 of the Mount Prospect Village Code shall be deleted in its entirety and the following inserted, to be and read as follows: F. Political: Signs containing a political message related to an election or referendum may be displayed on private property provided the total area of all such signs on a lot does not exceed sixteen (16) square feet. SECTION 2: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this day of , 2010 Irvana K. Wilks Mayor ATTEST: M. Lisa Angell, Village Clerk H: \CLKO \WIN \ORDINANCE2 \MP Ord Amd Ch 7 RE Political Signsjuly62010.DOC 253555_1 Mourn Prospect Mount Prospect Public Works Department INTEROFFICE MEMORANDUM ° WA 13A TO: VILLAGE MANAGER MICHAEL E. JANONIS 1 1 1 i° FROM: DEPUTY DIRECTOR OF PUBLIC WORKS DATE: JUNE 30, 2010 SUBJ: ILLINIOIS AMERICAN WATER COMPANY EMERGENCY WAT: 11 SYSTEM INTERCONNECT ON HIGHLAND STREET 3 The Illinois American Water Company (IAWC) has requested permission to improve an existing interconnection between their water distribution system and the Village -owned water distribution system. Specifically, they seek to automate the interconnection so that it will activate without human intervention during fire flow or extremely high demand conditions. Background IAWC and its predecessors have maintained an interconnection with the Village water system on Highland Street since 1965. This existing interconnection is simply a configuration of valves and a meter that allow water to flow from the Village water system to the IAWC water system, and vice - versa, whenever the valves are properly manipulated. In order to obtain water through this interconnection, either the Village or IAWC contacts the other agency via telephone and requests permission to open the interconnection. When permission is granted, crews are dispatched to manually operate the interconnection valves. Depending on the day and /or the time of day, this process can take a couple of hours to implement. This interconnection has been successfully utilized on numerous occasions over the years. Village records indicate that in all instances, the Village has supplied water to IAWC (or its predecessors) to mitigate low flow conditions in their distribution system. IAWC has promptly paid for all water used. The Village has been fortunate during this period of time not to require emergency relief from this interconnection. Recently, IAWC completed engineering analyses of their Mount Prospect water distribution system and determined that they require an additional 500 gallons per minute of water in order to satisfy anticipated peak fire flows. Originally, IAWC intended to satisfy this need by replacing existing transmission supply mains with larger pipes. This work would have included a large scale directional boring project beneath Rand Road and would have featured open -cut excavations and additional boring on Highland Street and in the Little Brickman residential subdivision. Page 2 of 4 June 30, 2010 Illinois American Water Company Emergency Water System Interconnect on Highland Street However, during a value engineering review of the project, IAWC engineers were able to determine that the rather nominal 500 GPM deficiency could easily be rectified by an automated interconnection with the Village -owned water distribution system. IAWC could construct this solution at a substantially lower cost than installing larger mains and the work would be far less disruptive to nearby residents. Since we already have an existing interconnection, and a long history of cooperative and successful relationships, IAWC petitioned the Village to consider this new idea. Subsequently, they submitted a detailed set of plans to abandon the existing manual interconnection and replace it with a new, automated interconnection. The new automated interconnection will be sited near the existing manual interconnection. Generally, it will be installed on the north side of the Highland Street right -of -way east of the Maple Street intersection. For your reference, Attachment A depicts the project area. The entire structure will be housed in a 9 -foot diameter pre -cast concrete vault that will be installed completely below grade. When construction is finished, the only features that will be discernable above grade will be the access hatch and an air vent. The entire structure will be installed within the parkway area. No street openings are anticipated. This new interconnection differs from the existing interconnection in that it features a pressure- reducing valve (PRV) that will automatically sense pressure differentials between the Village system and the IAWC system. If low flow conditions are created in the IAWC system (i.e. the fire department opens a hydrant to fight a fire) the PRV will sense the loss of pressure on the IAWC side and proportionately open to allow water from the Village side to flow into the IAWC system. The maximum flow through this valve will be limited to 500 GPM. All water discharged to the IAWC system will be metered and billed. In addition, this new interconnection also includes a series of manually- operated valves and piping that will allow the Village to receive water from IAWC should circumstances warrant. The flow of water from IAWC to the Village will not be automated; it must be manually actuated. All water discharged to the Village owned system (from the IAWC system) will also be metered and billed. The new interconnection will also feature a communications connection to the Village's Supervisory Control And Data Acquisition (SCADA) system. SCADA is the communication network the Village utilizes to control and monitor the performance of the Village -owned water distribution and wastewater collection systems. This connection will enable staff to know whenever water flows through the automated interconnection. Accompanying the plans for this new interconnection was a proposed agreement to govern the construction, maintenance, and operation of this facility. This proposed agreement has been reviewed by Public Works staff and the Village Attorney. Page3of4 June 30, 2010 Illinois American Water Company Emergency Water System Interconnect on Highland Street Discussion • The new automated interconnection improves life and property safety for Mount Prospect residents served by the IAWC water system by increasing the volume of water available to fight fires and react to other high flow emergencies. In comparison with available alternatives, a new automated interconnection can be installed at a lower cost, and with less physical disruption to Village rights -of -way and adjacent private property • The existing manual interconnection is in substandard condition and is in need of repair. Abandoning this facility and replacing it with a new facility that automatically supplies water to IAWC yet can still be manually manipulated to supply the Village -owned system greatly improves the reliability and utility of this interconnection as an emergency water source. • The SCADA communications connection greatly improves the ability of staff to monitor the interconnection. The existing manual interconnection has no SCADA connection and exclusively relies on the "honor system" to assure that both IAWC and the Village maintain the valves in a normally closed condition. • Staff has simulated the proposed impact of the water demand created by this connection utilizing our computerized hydraulic water model. We have analyzed this connection under a wide range of circumstances and determined that the proposed IAWC demand will have little or no impact on the operation of the Village -owned water distribution system. The Village -owned system can easily accommodate an instantaneous and inconsistent 500 GPM demand of any duration at this location. • The proposed agreement pertaining to this facility stipulates that IAWC assumes responsibility for all costs related to the construction, installation, operation, and maintenance of this facility. • The proposed agreement also contains a provision that enables either the Village or IAWC to deny the other water should circumstances warrant. • The agreement establishes that water conveyed through this interconnection will be billed at the rate the Village pays to the Northwest Suburban Municipal Joint Action Water Agency for "water only ". Associating bills with this rate for the agreement term assures that the Village will not lose money or subsidize IAWC operations. The Village will not derive profit from this rate either. • IAWC has already reimbursed the Village for all costs associated with this project to date including professional engineering consultant fees. • The Village Attorney has reviewed several iterations of the agreement and finds the current form acceptable with respect to language and content. Page 4 of 4 June 30, 2010 Illinois American Water Company Emergency Water System Interconnect on Highland Street Recommendation It is the recommendation of staff that the Village Board execute the attached agreement with Illinois American Water Company to construct and operate an automated emergency water system interconnection on Highland Street. It is the opinion of staff that this agreement, and the facility it references, serves the best interests of Mount Prospect residents served by the Illinois American Water Company water system as well as those served by the Village -owned water system. Cc: Director of Public Works Glen R. Andler Village Attorney Everette M. Hill Village Attorney George Wagner Water /Sewer Superintendent Matt Overeem File 1 Yr r ii II „..,.,,ot . .. .. f c, S 1 .,..,.....,...,...„, . .. ,i -,,,, ".4,,,--i':.,--',',1'i't,•:-:::-:';',0',"'-: / ,,''''';''''',, ''''' '' , ' . . (4. 2 i , ' i : At'llIIIIIIIIIIIII1Mi,glIlkaalIllIl } ^ ( „l,1. , I P :1•1.,•.,,,1,,i,v64..e ...„„,,,,. ,,,,,„:,,,,, I N r) ,,„„,_,,,,,, .,,,...„,:...„.., ,. . 0 ..„, C _, ,___ , ,,...„.......... .. , ..,.. ., „,, „ ....„„_,, . . .,. , [ • :::,,,.,.--- ..,,,, , ,.,„.,. , „ _.„,,,,,,,,„„,,, ',1 ,,. ::: 611 :: 1- -DPEN - '',.,_:.;,'''' O III ,,,, ....,. a FE II W � y ''''''' ' -, , LI . Y ®I - -J , : ., , II) C 3 '7' y„ s t I i ~ i E � 11.. , ., } w ®� N Kit ,� t71 �. tY f"P .r 41 +< l iii ii . . � o [ : C �` �a l s a �„ • _ _ ! N MI.A S� U Q ° is &u'i�; P. ka,nA , . 4 a ,kS�2 %;a J . r , 11111111 11111111,11- 1 - „,. ,.. . a tf5 I 111, . mil ilia si 1 iii _Li) I co ® e ra tz I A II 9 c G ■®ER Q ,� .- '. 11111 in (71..q N i en RS U 2 N ” N r+• O . J C o . 0 C s N EMERSON S ,,.:.[:::,, . _ .. ,,,...7 . iiiiitriaiii pi.......m ;. ! : ,'i., 't ; , , I ,IETMT oj H,i : ':: :' ' ,.,,,., .. . ^ cti a " . c, , .,..., , , .,,,.. .:_,. .ili AGREEMENT FOR EMERGENCY WATER INTERCONNECTION BETWEEN THE VILLAGE OF MOUNT PROSPECT AND ILLINOIS- AMERICAN WATER COMPANY • This Agreement is made and entered into this day of , 2010 by and between Village of Mount Prospect, an Illinois home rule Municipal Corporation, Cook County, Illinois (hereinafter "Village "), and Illinois- American Water Company, an Illinois corporation (hereinafter "Company ") (sometimes referred to as "Party" or "Parties ") WHEREAS, the Village owns and operates a municipal water system and furnishes water to the public located in and adjacent to its corporate limits for residential, commercial, industrial and corporate purposes; and WHEREAS, the Company owns and operates a public utility water system and furnishes water to the public located in and within the vicinities of the corporate limits of the Village of Mount Prospect, Cook County, Illinois; and WHEREAS, Company desires to upgrade and replace an existing reciprocal, manually operated emergency interconnection between the two water systems (the "Existing Emergency Interconnection ") with an automated pressure reducing valve (PRV) controlled interconnect station, to provide for the automatic access to an emergency supply of potable water from Village to Company; and WHEREAS, in Company's initiative to replace the Existing Emergency Interconnection, Village desires to retain the reciprocal ability through a manual station bypass line, to receive an emergency supply of potable water from Company to Village; and WHEREAS, Village and Company desire to set out in this Agreement their respective duties, rights and obligations with respect to the disconnection of the Existing Emergency Interconnection and the construction, operation, maintenance and use of the proposed automatic emergency interconnection. NOW, THEREFORE, in consideration of the mutual covenants, conditions, restrictions, rights, duties and obligations herein contained, the parties hereto agree as follows: 1. Improvements by Company. Company agrees to disconnect the Existing Emergency Interconnection and in its place construct an automatic emergency interconnection between Village's potable water supply and Company's potable water supply in Mount Prospect, Illinois at approximately the intersection of Maple Street and 242270_1 1 Highland Street, as shown on, and in accordance with the jointly approved plans marked Exhibit "A ", attached hereto and incorporated herein by reference (the "Emergency Interconnection ") (The disconnection of the Existing Emergency Interconnection and the construction of the Emergency Interconnection are referred to as the "Improvements ") 2. Cost of Improvements. Company shall pay the total cost of the Improvements, which shall include, but not be limited to, all costs of materials, flow meters, SCADA, all other equipment, labor including Village sub consultants for engineering review and SCADA improvements, services, engineering, surveying, construction, inspection and testing. 3. Ownership of Improvements. Company and Village agree that Company will own the meter station as designed, purchased, installed and maintained by the Company. The Company shall purchase and install the main water meter connected to the automated PRV valve. However, once installed, this meter shall become the property of the Village. The Village will cause this meter to be tested and repaired pursuant to AWWA standards and bill the Company for the cost of said tests and/or repairs. Otherwise, Company ownership of the said Improvements shall be inclusive up to the location of a manual valve located immediately adjacent to the point of connection sleeve on the Village owned water main. Village shall maintain ownership beyond referenced manual valve on Village side of system interconnection. 4. Emergency Use of Water. Upon completion of the Improvements, the Village and Company shall each be authorized to utilize the Emergency Interconnection to supplement their potable water supply on an emergency basis only by drawing upon the potable water supply of the other, subject to the terms set forth herein. For the purposes of this Agreement, an "emergency" shall be defined as a temporary period of time during which the Village or the Company is experiencing or anticipates experiencing low water pressure and /or water storage levels which it determines in its sole discretion to be a threat to public safety, health, fire prevention or fire suppression requirements. The flow rate through said Interconnection shall not exceed 500 gallons per minute. 242270_1 2 5. Standards for construction of Improvements. The installation and construction of all Improvements shall be under the supervision of the Village, performed in accordance with the Village's approvals and in compliance with the Village Codes and Ordinances, and state and federal law. Company shall be responsible for obtaining the necessary permits for such Improvements at its cost. 6. Metering of, and charge for water. All water used by either Village or Company under this Agreement shall be metered. Meter(s) will be installed by Company as part of the Improvements at Company's cost. Village agrees to read the meter monthly, where possible, and determine each Party's respective bill for water used and supply a copy of said bill to Company. The user of the water shall pay to the supplier for the water used within 45 calendar days of the date of any bill. Village and Company agree that the rate for water supplied to either Party will be $1.76 per 1,000 gallons or .the current rate paid by the Northwest Suburban Municipal Joint Action Water Agency on behalf of the Village for WATER ONLY from the City of Chicago, Illinois. Any payment not made when due shall incur a penalty in the amount of one (1 %) per cent of the invoice due and owing. In addition, all outstanding balances shall incur interest in the amount of one (1 %) per cent per month. 7. Testing and inspection. The Village and Company shall agree to a schedule of regular testing and inspections of the water meter measuring the supply of water furnished, and the PRV and SCADA to document that they are operating within tolerance. Testing and inspection shall not be less than once every twelve (12) month period. At the time of any test or inspection, the Parties may repair or replace any meter, part of a meter, and any other equipment that is known or suspected of functioning incorrectly. All such repairs or replacements and repairs, as well as any tests made of the performance of the meter, PRV, SCADA and other equipment, shall be made by and under the supervision of the Village's authorized representatives and Company shall pay for any tests, repairs, or replacement. 8. Manual access to water. Prior to drawing water from the other Party through use of the manual station bypass line, the Party desiring to draw water through the Emergency Interconnect (the "Requesting Party ") shall notify the supplying Party (the "Supplying Party "), advising as to the estimated flow rate being requested as well 242270_1 3 • as the start time and estimated end time of water draw. No water draw shall occur until the operations manager of the Supplying Party has granted verbal approval to the Requesting Party. Company shall provide Village with access to the manual interconnection. If locking mechanisms are used on any of the vaults or equipment constructed or installed as part of the project, Company will provide Village with key(s) to allow for Village access. 9. Automatic access to water. The emergency interconnection will permit Company's automatic access to Village's water in the event of a significant reduction of pressure in Company's water system. In the event of the automatic opening of the PRV control valve, the Company's operations manager shall, within two (2) hours of the opening, alert the Village's operations manager of the reasons for the emergency or SCADA alert/alarm notification of PRV valve operation. Company shall provide Village with access to the automatic interconnection. If locking mechanisms are used on any of the vaults or equipment constructed or installed as part of the project, Company will provide Village with key(s) to allow for Village access. 10. Right to deny water. Either Party may decline to supply water to the other Party through the Emergency Interconnection if it reasonably believes such service would in any way reduce delivery of water to its own customers. In the event of an automatic access to the Village's water or express approval to a Party for use of the other's water by manual access, the Supplying Party may require the Emergency Interconnection to be closed, if it determines that the continuation of service will reduce delivery of water to its customers. In such case, the Supplying Party should provide the Requesting Party two (2) hour notice of the closure in advance of the closure. 11. Water pressure damage. Both Parties agree that they will make no claim against the other Party for damages as a result of water pressure furnished hereunder. The flow or pressure of water from the Supplying Party shall not be guaranteed in any way. 12. Indemnification and Insurance. Company agrees and promises to indemnify, hold harmless and defend Village, its agents, officials, and employees (the "Indemnitees "), against all losses, damages, claims, liens, suits, . liabilities, judgments, costs and expenses, including attorneys' fees, which may in any way accrue against Village as a 242270_1 4 consequence of this Agreement, the Emergency Interconnection, and any actions by Company pursuant to this Agreement, including any claims or amounts recovered for any infringements of patent, trademark, or copyright, or from any claims or amounts arising or recovered under the Workers Compensation Act or any other law, ordinance, order or decree, except for any losses, damages, claims, liens, suits, liabilities, judgments, costs and expenses, including attorneys' fees, sought by or brought by persons or other third parties against Company or Village relative to the quality of potable water supplied by Village under this Agreement, or which may in any way accrue against Company relative to same. In any action against Village, where the indemnification of Village by Company described in the foregoing paragraph applies, Company shall, at its own expense, appear, defend and pay all charges of reasonable attorneys' fees and all costs and other expenses arising therefrom or incurred in connection therewith, and, if any judgment shall be rendered against the Village in any such action, Company shall, at its own expense, satisfy and discharge such judgment. Village shall have the right to reject or veto any legal counsel chosen by Company to defend Village, in which case . Company agrees to retain other legal counsel acceptable to Village. Nothing in this Agreement shall be construed as prohibiting Village, its officers, agents, or employees from defending through the selection and use of their own agents, attorneys and experts, any claims, actions or suits brought against them arising out of the performance of this Agreement, even if Company has appeared and is defending on Village's behalf. In any such event, Company shall, upon invoice from Village, pay Village its costs of suit and reasonable attorneys' fees. Company shall have no authority to settle any claims against Village without Village's written approval, and Village's refusal to give such approval shall not relieve Company of its duty to defend Village under this Indemnification Agreement. In any agreements entered into between Company and any contractors and /or engineers for the disconnection of the Existing Emergency Interconnection, for the construction of the Emergency Interconnection, and maintenance of the Emergency Interconnection, Company agrees to include a provision in said agreements stating that the contractor and engineer agree to indemnify and hold the Indemnitees 242270_1 5 harmless from losses, claims, liabilities, injuries, damages and expenses, including attorneys' fees, that the Indemnitees may incur arising out of or caused by the contractor's or engineer `s negligent acts, errors or omissions. Company shall also include a provision in said agreement stating that the contractor and engineer agree to use commercially reasonable efforts to require all contractors and their subcontractors to indemnify and provide insurance coverage in favor of Indemnitees, except such indemnity and coverage as applicable to Village's own negligent acts, errors or omissions or for such coverage as may not be commercially available. Such coverage shall meet the minimum standards set forth below: a. General Comprehensive Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury, death and property damage. The general aggregate shall be twice the required occurrence limit. Minimum general aggregate shall be no less thap $2,000,000. b. Public Liability: $1,000,000 combined single limit per occurrence. Minimum general aggregate shall be no less than $1,000,000. c. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. d. Workers' Compensation: Workers' Compensation limits as required by State statute. e. Employer's Liability: $500,000 per incident. f. Excess Liability: $5,000,000 per occurrence and in the aggregate. The insurance requirements herein may be satisfied through self - insurance of the insurance coverage and limit requirements set forth above. Furthermore, Company will provide Village with certificates of insurance from each such contractor or subcontractor upon receipt by Company and also upon written request by Village. 13. Notice. Except as otherwise specifically provided herein, all notices, requests, demands or other communications to be provided herein shall be in writing and shall be deemed to have been duly received upon: (a) actual receipt if personally delivered 242270_1 6 and the sender received written confirmation of personal delivery; (b) receipt as indicated by the written or electronic verification of delivery when delivered by overnight courier; (c) receipt as indicated by the electronic transmission confirmation when sent via telecopy or facsimile transmission; or (d) three (3) calendar days after the sender deposits the notice with the U.S. Post Office when sent by certified or registered mail, return receipt requested. Notice shall be sent to the addresses set forth below, or to such other address as either Party may specify in writing. If to Village: Director of Public Works Department Mr. Glen Andler Director of Public Works Village of Mount Prospect Public Works Department 1700 West Central Road Mount Prospect, IL 60056 If to Company: Kevin Hillen, Operations Manager Illinois- American Water Company 1000 Internationale Parkway Woodridge, IL 60517 Emergency Contact phone numbers of operations managers: Village of Mount Prospect (listed in order of preference): Mount Prospect Public Works Department: 847.870.5640 Water /Sewer Superintendent (mobile): 847.456.1449 Deputy Director of Public Works (mobile): 847.456.1447 Director of Public Works (mobile): 847.456.1446 Mount Prospect Police Department: 847.870.5656 Illinois- American Water Company: Operations Manager 630 - 739 -8959 Operations Manager (mobile) 630- 281 -0535 Network Supervisor 630- 739 -8820 Network Supervisor (mobile) 630 - 669 -9925 Emergency notification may be made by telephone to the emergency contact number provided herein or such other number as either Party may specify in writing. 242270_1 7 14. Maintenance and repair costs. Company shall be responsible for all costs to maintain, operate, repair and decommission the Emergency Interconnection, including SCADA as the need arises. 15. Water standards. It is understood that all water to be supplied hereunder shall be potable water and that the standards of the Illinois Environmental Protection Agency for drinking water shall be the standards used in determining potability. 16. Notice of interruption of service. Each Party shall give reasonable notice to the other party of any interruption of service, change in pressure or any emergency that may have an effect upon providing service to the other Party under the terms of this Agreement. 17. Term. The term of this Agreement shall be for ten (10) years beginning on the day the Agreement has been executed by both Parties. This Agreement will automatically extend for subsequent and additional ten (10) year terms unless terminated by at least by ninety (90) days written notice by either Party to the other prior to the end of the original ten (10) year term. To terminate a subsequent and additional ten (10) year term of this Agreement, either Party must give the other written notice of its intention to so terminate at least ninety (90) days prior to the end of such term. Upon termination of this Agreement, neither Village nor Company shall have any right to draw water through the Emergency Interconnection from the other Party and the Emergency Interconnection shall be physically disconnected by the Company, at its sole cost and expense. 18. Termination due to default. In addition to the termination provision set forth in Section 16 above, either Party may terminate this Agreement upon fifteen (15) days prior written notice to the other Party in the event of a material breach of this Agreement by the other Party, provided said breaching Party does not remedy the breach within said fifteen (15) day period, or in the event that, by nature of the default, such default cannot be cured within said time period, the defaulting Party shall initiate reasonable steps to remedy such default and notify the non - defaulting Party of the steps being taken and the projected date that the cure will be completed. The Village retains the right, in its sole discretion, to declare Company in default upon its determination that Company's projected date to cure is excessive. Material 242270_3 8 breaches shall include, but not be limited, to providing water that does not meet the standards of the Illinois Environmental Protection Agency for drinking water. 19. Cooperation. The Parties agree to work in good faith to mutually resolve any disputes occurring or arising out of the performance of this Agreement. The Parties agree to do all things reasonably necessary or appropriate to carry out the terms, provisions and objectives of this Agreement. It is the intent of the Parties, as reflected by the terms of this Agreement, to ensure compliance and fulfillment with the terms and provisions of this Agreement as may be necessary to give effect to the objectives of this Agreement. 20. Authority to execute Agreement. Each signatory on behalf of a Party to this Agreement warrants and represents that he or she is a duly authorized representative of that Party, with full power and authority to agree to this Agreement, and all terms herein, on behalf of that Party. 21. Governing Law; Venue. This Agreement shall be construed in accordance with the laws of the State of Illinois. Venue for any action to enforce the provisions of this Agreement shall be in the Circuit Court of Cook County, Illinois. 22. Assignment. This Agreement shall not be assignable by either party hereto without the prior written consent of the other Party. 23. Modification. This Agreement may be changed, altered, modified or amended only upon the mutual agreement of the Parties. No such change, alteration, modification or amendment shall be valid unless it shall be in writing and duly executed by both Parties. 24. Application to successors. This Agreement shall inure to the benefit of and shall be binding upon the successors and assigns of the Parties, but nothing herein contained shall be deemed to confer any rights upon any persons, firm or corporation other than the parties hereto and their successors and assigns. 25. Mutual agreement of Parties. Both Parties have had the benefit of counsel and participated in drafting this Agreement. 25. Execution as Counterparts. This Agreement may be executed in any number of counterparts, each . of which shall be executed by the Parties hereto, and all of which 242270_1 9 shall be regarded for all purposes as one original and shall constitute and be but one and the same. 26. Obedience to Laws. In the performance of its obligations pursuant to this Agreement, the Company shall . comply with all applicable federal, state, county and municipal laws and ordinances, including provisions of the EQUAL EMPLOYMENT OPPORTUNITY CLAUSE required by the Illinois Department of Human Rights as a material term of all public contracts, see Title 44, Part 750, Section 750, APPENDIX A, Illinois Administrative Code, Equal Employment Opportunity Clause, 27. Entire Agreement. This Agreement embodies the entire understanding and agreement of the Village and the Company with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, negotiations and communications, whether written or oral. 28. Captions. Paragraph headings are for convenience only, and in no way define or limit the scope and content of this Agreement. EXHIBIT A EMERGENCY INTERCONNECT PLANS AND DETAILS 242270_1 10 br"E xrmUrl- to \E"° -a \s . , o I . , .. 1 . , u . . n_€ it o ill Y � [ �c ` � 3 Iq5 Q $ 1 + F 1+ 8 v e _ 8 !F U n -� g h II g a # . 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Idd 5 ....A>: I - - «� B IC ; / $ 1 , I - 1 : LO .K ..B I ... � � ! 5 t i I Iriyb I I i ff ee .O-.Z .9-.I I J-., I .9-.I .O-.2 ig! a Z b -- 6 • 0 $ l : § " , iii- - te r. . I w i g, 11 E ``° Kg 1 -�' rc S G 1 i an 2222 Ev v h II o i` ii ii , I = f g f _ d° r � ii , "I I: II , 3 11 P 1a j • % z: E: ::4 --- " " "1 � " : :: - a I — I Il n :11. s!4 • , 1, II II 0 0 ii S _ J g l I I I a I f I I I I I I I I n Q �, 1i - 3 . _ " a • a - I, r , I I I :I .1 :1 LL 9 1 1 iU EEE • — _ r i 1 , he :, :, i 1 W S� J O 1 ; - . W f— • I - 1 ♦ - 1— _ < L J II I I"._ W ` l ` II"" g 11 € , h 1€ ... 1 6 20 IllirgillM== "=""— I . z G `G + o -.c Q RESOLUTION NO. A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE VILLAGE OF MOUNT PROSPECT AND THE ILLINOIS AMERICAN WATER COMPANY WHEREAS, the Illinois American Water Company (IAWC) has requested permission to improve an existing interconnection between their water distribution system and the Village -owned water distribution system; and WHEREAS, the Illinois American Water Company has requested permission to construct and operate an automated emergency water system interconnection on Highland Street; and WHEREAS, the Illinois American Water Company assumes responsibility for all costs related to the construction, installation, operation, and maintenance of said facility; and WHEREAS, the Mayor and Board of Trustees have determined that it is in the best interests of the Village of Mount Prospect to enter into the agreement with Illinois American Water Company for the Emergency Water Interconnection. NOW THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS, ACTING PURSUANT TO ITS HOME RULE POWERS: SECTION 1: That the Board of Trustees of the Village of Mount Prospect do hereby authorize the Village President to execute the Agreement for Emergency Water Interconnection between the Village of Mount Prospect and Illinois American Water Company, a copy of which is attached and made a part of this resolution as Exhibit "A ". SECTION 2: That this Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. AYES: NAYS: ABSENT: None PASSED and APPROVED this day of July, 2010. Irvana K. Wilks Mayor ATTEST: M. Lisa Angell Village Clerk H:\CLKO \WIN\ RESOLUTION\ agreementemergencywaterinterconnectionllAmwaterJuly 6,210.doc 251612_1