HomeMy WebLinkAbout5. New Business 09/17/2013'� i I KLEIN, TH & JNKINS, LTD, Aty at Law
Mr. Michael Janonis
Village Manager
Village of Mount Prospect
50 S. Emerson Street
Mount Prospect, IL 60056
Dear Mr. Janonis:
20 N. Wacker Drive, Ste 1660
Chicago, Illinois 60606 -2903
T 312 984 6400 F 312 984 6444
+� a
November 27, 2012
Re: Groundwater Ordinance
113 E. Prospect Avenue
Mount Prospect, Illinois
15010 S. Ravinia Avenue, Ste 10
Orland Park, Illinois 60462 -5353
T 708 349 3888 F 708 349 1506
www.ktjlaw.com
As you know, Mark Busse has asked the Village of Mount Prospect to adopt an ordinance
that would ban the use of groundwater wells within a certain limited area around the site located
at 113 E. Prospect Avenue so that he can obtain a No Further Remediation Letter from the
Illinois Environmental Protection Agency ( "IEPA ") using the Tiered Approach to Cleanup
Objectives with respect to this contaminated site. The Village has asked K -Plus Environmental
Engineering Group and the undersigned to provide the Village with our recommendations
regarding Prospect Holdings LLC's request. In K -Plus Environmental Engineering Group's
opinion, given the information that they have reviewed, the groundwater ordinance can be agreed
to by the Village. A copy of K -Plus' opinion is enclosed.
As we discussed in the past, from a legal standpoint, if the Village of Mount Prospect was
to adopt an ordinance that would prohibit the use of groundwater as a potable water supply
(within a distance acceptable to the Village and the IEPA of the site) by the installation or
drilling of new wells by all parties, including the Village itself, the regulations do not call for the
Village to take any further action but, rather, places the burden on Mark Busse for monitoring the
Village's activities with respect to this ordinance. Simply put, fiom a legal perspective, the
Village would not be required to take any further steps other than to adopt (and presumably not
modify or rescind) the groundwater ordinance. As noted however, no new wells, including
Village wells could be placed in the groundwater ordinance area. Mark Busse is seeking a
groundwater use restriction as shown on Figure 1, and I have enclosed a draft ordinance to
reflect the same.
Protection against future claims and contamination is provided to the Village through an
Environmental Indemnity Agreement. In the enclosed Agreement, Mark Busse has agreed on
behalf of himself, his successors and assigns, at his sole cost and expense to indemnify, defend
and hold the Village and the Village's former, current and future officials, trustees, officers,
servants, employees, agents, successors and assigns (collectively referred to as "Village
Affiliates ") both in their capacities as Village representatives and as individuals, harmless from
and against any loss, actions, responsibilities, obligations, liability, damage, claims, penalties,
fines, injunctions, suits, proceedings, disbursements or expenses arising under or relating to any
Environmental Laws or any other liabilities which may be incurred by or asserted against any of
2975751
Mr. Michael Janonis
Page 2
November 27, 2012
the Village Affiliates, resulting or arising from, alleged to arise from, or caused by, in whole or
in part, from the presence of Hazardous Materials on, in or from his property (including the
groundwater thereunder) and/or any condition of any property (including groundwater) or
surface water alleged to have been caused from the presence of those chemicals or substances
which are or were commonly used at his property. In addition to this indemnity, if the Village
encounters hazardous materials while working in, on or under Mark Busse's property (including
but not limited to such areas as within municipal easements and/or Right -of -Ways) or encounters
hazardous materials migrating from the property, the Village has the right to remove the
contaminated soil or groundwater from the area it is working in and intends to do work and to
dispose of those materials as it deems appropriate not inconsistent with the applicable
environmental laws so as to avoid causing a further release of the hazardous materials and to
protect human health and the environment. Mark Busse shall reimburse the reasonable costs
incurred by the Village to perform the site investigation and to dispose of any contaminated soil
or groundwater. If asked, Mark Busse will cooperate with the Village in the removal and
disposal of such soil and groundwater and will sign all necessary documents and manifests for
the proper transportation and disposal of the soil and /or groundwater. In addition, it will be our
intention to have the Indemnity Agreement recorded to bind successors in title.
The Village should keep in mind, however, that by adopting the groundwater ordinance,
the Village of Mount Prospect will aid in allowing the contamination to remain in place not only
on the Mark Busse property but also on any public and /or private property within the
Groundwater Ordinance area. If the Village were to adopt the ordinance, Mark Busse would be
obligated only to notify the affected property owners of the existence of the ordinance, and the
IEPA would not require the approval or involvement of those property owners.
Please let me know how the Village would like to proceed at this point. Of course, if you
should have any questions, please do not hesitate to call me.
Very truly yours,
1 L I-'1' , THORPE AND JENKINS, LTD.
Dennis G. Walsh
Enclosures
297575,_1
r
Direct Dial: 312.207.5700
E -Mail: danft- kolus.com
November 20, 2009
Mr. Dennis G. Walsh
Klein, Thorpe and Jenkins, LTD,
Suite 1660
20 N. Wacker Drive
Chicago, IL 60606
Re: Busse Car Wash
113 East Prospect Avenue
Mount Prospect, Illinois
Dear Dennis;:.
As you requested, I have completed my review and evaluation of the environmental report for
the above - referenced site that was prepared by Andrews Engineering Inc. (Andrews) on behalf of
the property owner. Specifically, my evaluation included a review and evaluation of the
"Corrective Action Plan" prepared by Andrews, dated September 2009;
According to the data contained in these documents, the most recent investigations have been
completed in order to fully characterize and delineate the nature and extents of contamination at
the site pursuant to the requirements of the Illinois LUST Program and the TACO rules in order
to satisfy the requirements to obtain an NFR letter for the site. A review of the Illinois databases
shows that the site was originally enrolled in the Illinois LUST program on June 7, 1990 as
"Busse Car Wash."
The Andrews "Corrective Action Plan" states that multiple soil and groundwater investigations
have been completed since the LUST was first reported in 1990. The field investigations
completed in 1990 through 2001 and 2007 were conducted to identify the extent and magnitude
of the contaminant plume both on- and off -site. The information was utilized to develop a
remedial alternative that included source removal through injection of Oxygen Release
Compound (ORC) and risk -based corrective action. Soil samples collected after 2002 were
utilized to monitor the post- remediation activities. Post - remedial monitoring borings were
focused primarily near the property boundaries and off -site.
According to the report, and documented by historical summary results tables, a general
downward trend in concentrations of benzene and other gasoline indicator contaminants has been
noted for the Subject Property. Although, Andrews recognizes that not all concentrations of
15 SPINNING WHEEL ROAD, SUITE 320 . HINSDALE, IL 60521 . 312.207.1600 . WWW.KPLUS.COM
Mr. Dennis G. Walsh
Project No. 19101
November 20, 2009
Page 2 of 3
contaminants are below TACO Tier 1 Residential Soil Remediation Objectives as defined by the
Illinois Environmental Protection Agency.
Therefore, Andrews recommends the use of engineered barriers at the Subject Property to protect
human health as well as, construction worker cautionary statements (health and safety plans),
ELUC agreements and finally the use of a groundwater ordinance on the property to further
protect human health from contact with the contaminants.
The owner of the property has requested that the IEPA allow this existing contamination to
remain in both the soil and ground water provided the current buildings and pavement remain in
place and that these are maintained as engineered barriers to prevent contact with the
contaminants. Since analytical testing and modeling concentrations indicate that contamination is
extending off the property and because the Village has not passed an ordinance prohibiting the
installation and/or use of potable wells within Village limits, Andrews has requested that the
Village enact an ordinance to restrict future ground water use at the property.
Andrews has completed the proper evaluations of all governmental bodies that would have
information on public and private groundwater wells. According to their information no private
groundwater wells fall within the set back zone, and according to their calculations the proper set
backs are also in place for the Community Supply Wells. Therefore, it is K- Plus's opinion that
the groundwater use restriction can be agreed to by the Village of Mount Prospect.
The Andrews borings show that it is possible that migration of contaminants off site has occurred
even though the level of any such contamination would likely be below IEPA cleanup objectives.
Additionally, the Andrews report noted that there are no Village of Mount Prospect utilities
below either Maple Street or East Prospect Avenue. For these reasons, a Highway Authority
Agreement to address any potential contamination in the adjacent right -of -ways was deemed
unnecessary by Andrews.
First, it is very unlikely that neither Maple or East Prospect contain any water or sewer lines in
proximity to this contaminated site. Secondly, any migration of contamination off site into the
adjacent right -of -way is a potential future problem for the Village no matter if the level of such
contamination exceeds applicable cleanup objectives or not. Once soil has been impacted by
petroleum contamination, it exhibits a distinct odor. During any future excavation of these
impacted soils, the Village will incur additional charges to handle, transport, and dispose of these
material because clean fill facilities will prohibit these materials because they are not "clean."
In the Village does and work in the future to repair, replace, renovate, the existing streets or the
drainage system for those streets, it will incur additional costs to deal with any contaminated
soil. For this reason, the Village should include require that the owners enter into an agreement
KO
www.kplus,com
Mr. Dennis G. Walsh
Project No. 19101
November 20, 2009
Page 3 of 3
similar to a Highway Authority Agreement to address both soil and ground water contamination
that may be encountered in the future under the adjacent right -of -way.
This evaluation has been performed in conformance with all applicable legal requirements and
accepted practices prevailing in the environmental engineering and consulting industries. The
personnel who performed the investigation are properly licensed and certified in accordance with
the requirements of any federal, state, and local laws, rules and regulations. K -Plus
Environmental, its officers, and its employees have no present or contemplated interest in the
property or the parties involved. Our employment and compensation for preparing this report are
not contingent upon any action or event resulting from the analyses, opinions, observations, or
conclusions, in or from the use of, this report. The reported analyses, opinions, observations, and
conclusions are unbiased, professional, and limited only by the reported assumptions,
qualifications, and conditions stated herein.
If you have any questions concerning my evaluation, findings, or recommendations, please call
me.
Sincerely,
K -PLUS ENGINEERING
lei M.,
KO
www.kplus.com
ORDINANCE NO.
AN ORDINANCE PROHIBITING THE USE OF GROUNDWATER AS
A POTABLE WATER SUPPLY BY THE INSTALLATION OR USE
OF POTABLE WATER SUPPLY WELLS OR BY ANY OTHER METHOD
WITHIN A CERTAIN AREA IN I E VILLAGE OF MOUNT PROSPECT
WHEREAS, certain properties in the Village of Mount Prospect, Illinois (the "Village ")
have been used over a period of time for commercial and /or industrial purposes; and
WHEREAS, because of said use, concentrations of certain chemical constituents in the
groundwater beneath the Village may exceed Class I groundwater quality standards for potable
resource groundwater as set forth in 35 Illinois Administrative Code 620 or Tier 1 residential
remediation objectives as set forth in 35 Illinois Administrative Code 742; and
WHEREAS, the Village of Mount Prospect desires to limit potential threats to human
health from groundwater contamination while facilitating the redevelopment and productive use
of the properties that are or may be impacted with the said chemical constituents;
NOW, THEREFORE, 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 1: Use of Groundwater as a potable water supply prohibited.
Except for such uses or methods in existence prior to the effective date of this
ordinance, the use or attempt to use as a potable water supply groundwater from within the area
illustrated in Exhibit 1, (attached to and made part of this ordinance) as potable water supply by
the installation or drilling of wells or by any other method is hereby prohibited. This prohibition
expressly includes the Village of Mount Prosopect.
SECTION 2: Penalty
Any person violating the provisions of this Ordinance shall be subject to a fine of up to
$750.00 for each violation.
SECTION 3: Definitions.
"Person" is any individual, partnership, co- partnership, firm, company, limited liability
company, corporation, association, joint stock company, trust, estate, political subdivision, or
any other legal entity, or their legal representatives, agents, or assigns.
"Potable water" is any water used for human or domestic consumption including, but not
limited to, water used for drinking, bathing, swimming, washing dishes, or preparing foods.
SECTION 4: Repealer.
All ordinances or parts of ordinances in conflict with this Ordinance are herein repealed
insofar as they are in conflict with this Ordinance.
SECTION 5: Severability.
If any provision of this Ordinance or its application to any person or under any
circumstances is adjudged invalid, such adjudication shall not affect the validity of the Ordinance
as a whole or of any portion not adjudged invalid.
SECTION 6: Effective Date,
This Ordinance shall be in full force and effect from and after its passage, approval and
publication in pamphlet form in the newspaper as required by law.
Ayes:
Nays:
Absent:
Passed and Approved this day of September, 2013.
Arlene A. Juracek
Mayor
Attest:
M. Lisa Angell
Village Clerk
a!� ,
F
0 w
113 A
4� 23, 0 '.
a.
V N W
470 o C
417 S. .hNF„,FCat7�1
o BUILDING
08 -12
215 S EMER
025 -0000
�,.
S.
08 -12- 121 - 026.0000
W 217 S. EMERSON
W __. ................. ........._....................p 08 -12 -122- 031 -0000
W
i° PROSPECT
Z EMERSON
ON
.1111....
08-12-12W 110•
0 0
ub O
081212b0, . _.111 .1. .. _. —_ ..... I
O Lu 4
r y 11 -0000 W °o
c7 w 223 S. EMERSON w
_....� of w
�y . 08- I 000 L
225 EMERSON � ry w N
S.
Q U3
08 -12- 121 -057 -0000 ° P
C1R.fl2.121 (k1"1 "g00CV 113 E. PROSPECT
8 301 S. rMERSON 4
08- 12. 121 014- 0012
I .s1r3
.IT,M s~tk.',ON j
08 Y 1915-0000 1
�
aif711E:
CMti:F'Y41Q i) 5H 1'k" "G"a%T Ilfd'p;:S Fap'?f: P ➢a 51i. CD f >ftYMFeGCpl_N f0,' A f�7�htla , I- 1'!]I -SI V9`*
NItiVMI e:N611NEZRII46, INC 17rf F0 L?/PG7V, PoC_YHC]gAiH liil_ LOCCA 7 iu]gS '
I -F ST7 F "Gi"ATURES PNll'fl DAT(N IT'Ma` E KEN SUPT l`R I:. 10 'JtH
I14"IS iP'EMUNNTS' wH:'.C2N G 1wl4 111Epi C.: in[Tiq SIdIBUL.11 NI;bT K,'
e:,ok4si')OC,�w"Y:.PI NN PC:G741NRATE O'NOMUIR,av,,u_ ,ANID T� tO laf vPr�.h SlaRJII.AC IN01 BI 0.1 �fiG_G 10 OC:'tl' C. rd 14llIUfi:: TI -ft;, i. J.1r" TiC:UVa I S 51 +`E'.: C:IM1 C4' SCTII: i. "I NY'4J4aES
PROPOSE
�Y &AYrY
......... ... . LL,. ,,,,, PROP RYr0.1hiRP.Y0Y0ahcRCE bY'dY
I �IIIIIIIIIIIIIIIIIIIIIIIIIIII " "°"'"" " "'
1111 1111.
PROPOSED GROUNDWATER USE RESTRICTION Project 7 SCALE:
ORDINANCE AREA 30 41 AS SHOWN
BUSSE CAR WASH Drawing Fife:
Ir iar�ap &i,Imdsardi-rm�Nwrradeoffk:a p18p oil 40qu anroaimdi o --."g 1gGUR'L:
I..rtialsvIle Kpmur )t- RagVmural(.ka (5,02p 010144 113 EAST MT. PROSPECT AVENUE ..
SprigGItANQ11Muue- RequiviiYl9lia 0,,1P) 505.951T MT. PROSPECT, ILLINOIS Date: EXHIBfTA
5a1i1a C7 HpCSe naPOlfte® C2121 958'p
1111212012 FIGURE 1
RESOLUTION NO.
A RESOLUTION AMENDING RESOLUTION NO. 11-06
DESIGNATING PERSONS TO BE EXEMPT
FROM MOUNT PROSPECT MOTOR VEHICLE FEES
WHEREAS, the corporate authorities of the Village of Mount Prospect have for many years issued
motor vehicle license stickers or plates to certain persons in recognition of the public service
rendered by them; and
WHEREAS, the President and Board of Trustees of the Village of Mount Prospect desire to continue
this practice, but to limit it primarily to individuals associated with the government of Mount Prospect
and as specified herein.
NOW, THEREFORE, BE IT RESOLVED 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 Resolution no. 11-06, preceded by Resolution No. 3-05, preceded by
Resolution No. 3-02, Resolution No. 20-00 and Resolution No. 16-95 is hereby repealed in its
entirety.
SECTION TWO: That active members of the following boards and commissions, and other
individuals herein defined shall receive a Mount Prospect motor vehicle sticker or plate without
payment of the fee, as established in both Chapter 17 and Appendix A-Division II of the Village
Code of Mount Prospect, as amended, subject to the conditions set forth in SECTION FIVE of this
Resolution:
Audit Committee;
Centennial Commission:
Community Emergency Response Team (CERT), being a division of the Fire Department;
Community Relations Commission; (inactive)
Economic Development Commission;
Finance Commission;
Board of Fire and Police Commissioners;
Foreign Fire Tax Board;
Board of Library Trustees;
Paid on Call Firefighters;
Planning and Zoning Commission;
Page 2/3
Vehicle Sticker Exemptions
Police Pension Fund Board;
Sister Cities Commission;
Special Events Commission;
Transportation Safety Commission;
Youth Commission; (inactive)
Disabled Veterans of the Armed Services of the United States of America, whose motor vehicle
bears registration plates issued pursuant to Section 625 ILCS 5/3-
and
Ex-Prisoner of War, whose motor vehicle bears registration plates issued pursuant to Section 625
ILCS 5/3- and
Physically Handicapped Person, whose motor vehicle bears registration plates issued pursuant to
Section 625 ILCS 5/3-
authorized by a governmental agency indicating the person to whom the card is issued is
permanently disabled; and
as may be set forth in the Illinois Compiled Statutes.
SECTION THREE: That the Village of Mount Prospect, the Mount Prospect Public Library, the Mt.
Prospect Park District, the River Trails Park District, and School Districts 21, 26, 57, 59 and 214, as
thereon shall be issued a Mount Prospect motor vehicle license sticker or plate for each vehicle
owned and operated by such body, provided such vehicle is registered within the corporate limits of
the Village of Mount Prospect. Upon the receipt of such license for such vehicle by such
governmental agency, no fee, as established under the aforementioned Chapter 17 shall be paid.
SECTION FOUR: That any not-for-profit organization shall receive a Mount Prospect motor vehicle
sticker or plate without payment of the fee established under Chapter 17 of the Village Code of
Mount Prospect for all vehicles bearing Illinois State license plat
designation, provided that such vehicle is registered within the corporate limits of the Village of
Mount Prospect. It is further provided that any not-for-profit organization shall receive no more than
one (1) Mount Prospect motor vehicle sticker or plate without payment of the fee, as established
under the aforementioned Chapter 17 and Appendix A-Division II off the Village Code of Mount
(charitable vehicle)
designation, provided that such vehicle is registered within the corporate limits of the Village of
Mount Prospect.
SECTION FIVE: That no person shall receive a motor vehicle license plate without charge as
provided in this Resolution, unless such person resides within the corporate limits of the Village of
Mount Prospect and the motor vehicle for which the license sticker or plate issued is registered
within the corporate limits of said Village. No person shall by virtue of this Resolution receive more
than one (1) such vehicle license sticker or plate.
Page 3/3
Vehicle Sticker Exemptions
SECTION SIX: 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:
PASSED and APPROVED this day of September, 2013.
_____________________________________
Arlene A. Juracek
Mayor
ATTEST:
____________________________________
M. Lisa Angell
Village Clerk
H:\CLKO\files\WIN\RES\Vehicle Sticker Exemptions,2013.doc
A RESOLUTION ADOPTING THE AUGUST 2013
URBAN FOREST MANAGEMENT PLAN
WHEREAS,
the Village of Mount Prospect has a long history of providing a high level of
services to its citizens urban forest; and
WHEREAS,
the Village recently contracted with Urban Forestry LLC to work with Public Works
staff to prepare an updated Urban Forest Management Plan (plan); and
WHEREAS,
Urban Forestry LLC prepared, and presented to the Village Board at the
September 10, 2013 Committee of the Whole meeting, a comprehensive plan which examines
recommendations for the future; and
WHEREAS,
the proposed
program provides a return of $2.29 for each dollar spent
trees; and
WHEREAS,
the plan furth724 parkway trees have an appraised
value of $118 million, and the majority of these trees are in very good to excellent condition
largely owing to the routine maintenance they receive; and
WHEREAS,
the plan recommends that the Village continue funding an urban forest
management program featuring five-year rotational pruning as its cornerstone as well as
continued planting efforts emphasizing species diversity; and
WHEREAS,
at the September 10, 2013 Committee of the Whole presentation the Village Board
unanimously supported adoption of the plan to guide future urban forest management decisions.
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS:
SECTION ONE:
That the President and the Board of Trustees of the Village of Mount Prospect
do hereby approve and adopt the August 2013 Urban Forest Management Plan prepared by
Urban Forestry LLC.
SECTION TWO:
That this Resolution shall be in full force and effect from and after its passage
and approval in the manner provided by the law.
AYES:
NAYS:
ABSENT:
PASSED and APPROVED day of , 2013.
______________________
Arlene A. Juracek
Mayor
ATTEST:
___________________
M. Lisa Angell
Village Clerk