03-165 Resolution No. 03-165
RESOLUTION
AUTHORIZING EXECUTION OF AN AMENDMENT TO INTERGOVERNMENTAL
AGREEMENT WITH THE KANE COUNTY FOREST PRESERVE DISTRICT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that David M. Dorgan, City Manager, and Dolonna Mecum,
City Clerk, be and are hereby authorized and directed to execute an
Amendment to Intergovernmental Agreement on behalf of the City of
Elgin with the Kane County Forest Preserve District for the Otter
Creek Lift Station and Far West Area Development, a copy of which
is attached hereto and made a part hereof by reference .
s/Ed Schock
Ed Schack, Mayor
Presented: June 11, 2003
Adopted: June 11, 2003
Omnibus Vote: Yeas 7 Nays 0
Attest :
s/Dolonna Mecum
Dolonna Mecum, City Clerk
AMENDMENT TO INTERGOVERNMENTAL AGREEMENT
THIS AMENDMENT AGREEMENT made and entered into this (VT H day of
J U iU C , 2003,by and between the CITY OF ELGIN, and Illinois municipal corporation,
of the Counties of Cook and Kane, in the State of Illinois, (hereinafter referred to as the "City")
and eh KANE COUNTY FOREST PRESERVE DISTRICT, in the State of Illinois, (hereinafter
referred to as the"District").
WHEREAS, the City and the District have previously entered into an intergovernmental
agreement dated December 19, 1997 (such intergovernmental agreement is hereinafter referred to
as the"Subject Intergovernmental Agreement"); and
WHEREAS, the Subject Intergovernmental Agreement provides in part for certain open
space policies, building setbacks and pathway requirements; and
WHEREAS, the City has received a proposal from Pulte Home Corporation and the
owners of certain property proposing the annexation and development in the City of the property
legally described in Exhibit 1 Attached hereto (such property legally described in Exhibit 1
attached hereto is hereinafter referred to as the"Pulte Edgewater Development Property").
WHEREAS, the City, District and the Pulte Home Corporation have agreed to certain
provisions regarding the development of the Pulte Edgewater Development Property which will
require certain modifications to the subject Intergovernmental Agreement between the City and
the District.
NOW, THEREFORE, in consideration of the mutual undertakings as set forth herein, and
in consideration of the undertakings as set forth in the original Subject Intergovernmental
Agreement between the City and the District, and for other goods and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows:
1. The foregoing recitals are hereby incorporated into this agreement in their entirety.
2. The Subject Intergovernmental Agreement between the City and the District dated
December 19, 1997, be and is hereby amended to the extent necessary to allow for the
development of the Pulte Edgewater Development Property according to the terms as set forth in
Exhibit 2 attached hereto and entitled"Conceptual Outline of Revisions to City of Elgin/Kane
County Forest Preserve District Intergovernmental Agreement", it being agreed between the City
and the District that the development of the Pulte Edgewater Development Property in
accordance with Exhibit 2 hereto shall be deemed to comply with the terms of the Subject
Intergovernmental Agreement as amended by this Amendment Agreement.
3. It is agreed that the terms of this Amendment Agreement shall apply solely and
only to the Pulte Edgewater Development property.
4. That in the event of any conflict between the terms of the Subject
Intergovernmental Agreement dated December 19, 1997, and the terms of this Amendment
Agreement, the terms of this Amendment Agreement shall control.
IN WITNESS WHEREOF the parties hereto have entered into and executed this
Amendment Agreement on the date and year first written above.
KANE COUNTY FOREST CITY OF ELGIN
PRESERV DISTRICT
it By jai �aa� By „- A(,-L2 ,. ��------
C .� e!.., Kane County A , City Manager
Forst Preserve District
Attest: Attest:
dio eid44)
Secr City Clerk
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EXHIBIT 1
SROK PARCEL:
THE NORTHEAST QUARTER OF SECTION 29, THE EAST HALF OF THE NORTHWEST QUARTER OF
SECTION 29, THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 20 AND THE
WESTERLY 260 FEET OF THE NORTHWEST QUARTER OF SECTION 28 ALL IN TOWNSHIP 41
NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN (EXCEPT THEREFROM THE
FOLLOWING DESCRIBED PROPERTY TO WIT: THAT PART OF THE NORTHWEST QUARTER OF
SECTION 28 AND THAT PART OF THE NORTHEAST QUARTER OF SECTION 29 AFORESAID
DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTH RIGHT-OF-WAY
LINES OF BOWES ROAD AS DEDICATED BY DOCUMENT NO. 708600 WITH A LINE THAT IS
260.0 FEET EASTERLY OF AS MEASURED AT RIGHT ANGLES TO, AND PARALLEL WITH THE
WEST LINE OF SAID NORTHWEST QUARTER OF SECTION 28; THENCE NORTHERLY ALONG SAID
PARALLEL LINE, 959.84 FEET; THENCE SOUTH 44 DEGREES 06 MINUTES 52 SECONDS
WEST, 530.03 FEET; THENCE SOUTHERLY PARALLEL WITH THE EAST LINE OF SAID
NORTHEAST QUARTER 587.0 FEET TO SAID NORTHERLY RIGHT-OF-WAY LINE OF BOWES
ROAD; THENCE EASTERLY ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, 375.00 FEET TO
THE POINT OF BEGINNING) IN THE TOWNSHIP OF ELGIN, KANE COUNTY, ILLINOIS.
GUPTA PARCEL:
THE WEST 470.00 FEET OF THE NORTH 498.40 FEET OF THE SOUTH 1068.60 FEET OF THE
WEST HALF OF THE NORTHWEST QUARTER OF SECTION 29, TOWNSHIP 41 NORTH, RANGE 8
EAST OF THE THIRD PRINCIPAL MERIDIAN, BEING SITUATED IN ELGIN TOWNSHIP, KANE
COUNTY, ILLINOIS AND THE WEST 4 OF THE NORTHWEST 1/4 OF SECTION 29, TOWNSHIP
41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN (EXCEPT THE EAST 66
FEET, AS MEASURED AT RIGHT ANGLES TO THE EAST LINE THEREOF AND EXCEPT THE WEST
84 FEET OF THE EAST 150 FEET, AS MEASURED AT RIGHT ANGLES TO THE EAST LINE
THEREOF, OF THE SOUTH 100 FEET, AS MEASURED AT RIGHT ANGLES TO THE SOUTH LINE
THEREOF AND ALSO EXCEPTING THE WEST 470 FEET OF THE NORTH 1522.80 FEET OF THE
SOUTH 2093 FEET OF SAID WEST %) IN ELGIN TOWNSHIP, KANE COUNTY AND THE WEST
470.00 FEET OF THE NORTH 498.40 FEET OF THE SOUTH 1068.60 FEET OF THE WEST
HALF OF THE NORTHWEST QUARTER OF SECTION 29, TOWNSHIP 41 NORTH, RANGE 8 EAST
OF THE THIRD PRINCIPAL MERIDIAN, BEING SITUATED IN ELGIN TOWNSHIP, KANE
COUNTY, ELGIN.
LUDWIG PARCEL:
THE WEST 470.0 FEET OF THE NORTH 526.0 FEET OF THE SOUTH 2093.0 FEET OF THE
WEST HALF OF THE NORTHWEST QUARTER OF SECTION 29, TOWNSHIP 41 NORTH, RANGE 8
EAST OF THE THIRD PRINCIPAL MERIDIAN, IN THE TOWNSHIP OF ELGIN, KANE COUNTY,
ILLINOIS.
SCHROEDER PARCEL:
THE WEST 470.0 FEET OF THE NORTH 498.40 FEET OF THE SOUTH 1567.0 FEET OF THE
WEST HALF OF THE NORTHWEST QUARTER OF SECTION 29, TOWNSHIP 41 NORTH, RANGE 8
EAST OF THE THIRD PRINCIPAL MERIDIAN, IN THE TOWNSHIP OF ELGIN, KANE COUNTY,
ILLINOIS.
C:\myfiles\zoning\pultarc6.rdr
CONCEPTUAL OUTLINE OF REVISIONS TO
CITY OF ELGIN/KANE COUNTY FOREST PRESERVE DISTRICT
INTERGOVERNMENTAL AGREEMENT
A. Existing Provisions:
1. A 350 foot, more or less, wide corridor and additional flood plain
in the northern area of the property, containing approximately
67.96 acres in the aggregate, as shaded on Exhibit A, ("DISTRICT
PARCEL") would be conveyed in fee simple to DISTRICT in its
current agricultural condition.
2. CITY would construct pathway within 1 year after construction of
sanitary sewer along waterway.
3. DISTRICT would be responsible for maintenance of pathway and open
space acreage in perpetuity.
B. Pulte Proposal:
1. Existing straightened ag ditch will be restored to a more natural
condition and adjacent areas upgraded and enhanced as described in
Exhibit C.
2. A 12 foot wide Public Regional Trail of approximately 2,900 lineal
feet will be constructed by Pulte within the DISTRICT PARCEL as
generally depicted on Exhibit B, and the DISTRICT PARCEL (Parcels
1, 2, and 3 on Exhibit B) , as improved, will be conveyed to the
DISTRICT in fee simple as subdivided lots within th Edgewater
project.
a. Pulte to retain the right to (i) construct the
Regional Trail according to DISTRICT specifications (ii)
remeander the existing ag ditch, (iii) install detention/
retention facilities and related stormwater and stormsewer
conveyance systems, (iv) upgrade wetlands areas per Exhibit
C, (v) construct private roads and an Internal Trail System
as depicted on Exhibit D, with ASSOCIATION responsibility
for maintenance in perpetuity.
b. Pulte and, ultimately, Edgewater Homeowners Association
("ASSOCIATION") to retain responsibility for maintenance of
the DISTRICT PARCEL, including the Regional Trail in
perpetuity.
c. Pulte to impose permanent open space/conservation easement
on DISTRICT PARCEL simultaneous with the conveyance.
d. DISTRICT to have permanent right to inspect and supervise
construction and maintenance of the Regional Trail and other
improvements to be constructed thereon; permanent access
easements will be granted across internal roadways and
private lateral trail connections as required to accommodate
DISTRICT'S rights.
3. Open space areas adjacent to DISTRICT PARCEL, containing approx-
imately 25.54 acres, will be conveyed to the ASSOCIATION in fee
simple as subdivided lots within the Edgewater project as
incrementally constructed.
a. Pulte to (i) install detention/retention facilities and
related stormwater and stormsewer conveyance systems, (ii)
upgrade wetlands areas per Exhibit C, and (iii) construct an
Internal Trail System as depicted on Exhibit D, with
ASSOCIATION responsibility for maintenance in perpetuity.
b. All such improvements on such adjacent area shall be constr-
ucted by Pulte and maintained by the ASSOCIATION in co-
ordination with improvements on DISTRICT PARCEL described in
Paragraph B.2.a. above.
c. Pulte to impose permanent open space/conservation easement
on such adjacent areas similar to open space/conservation
easement imposed on DISTRICT PARCEL.
EXHIBIT 2
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TOTAL AREA OF'FL00DPLAIN 54.35 AC } cf,Mall
TOTAL AREA OF BUFFER 13.61 AC ' S� �1101
TOTAL AREA TO BE DEEDED 67.96 AC
TO KANE COUNTY FOREST PRESERVE ` I ti (
DISTRICT PER INTERGOVERNMENTAL AGREEMENT
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PARCEL 3 34.5 AC P7,.. .:*.',.•,
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116 West Main Street• Suite 201 •St. Charles, Illinois 60174-1854 •TEL(630)443-7755 I FAX(630) 443-0533
May 1, 2002
Mark Mastrorocco
Pulte Homes
2250 Point Blvd, Ste. 401
Elgin, IL 60123
' Subject: Elgin Active Adult Community
Bowes Road near Randall
Open Space Corridor
(CBBEWL Project No. 00-913)
Dear Mark:
We are writing at your request, and in accordance wit discussions at the Forest
Preserve District, regarding the Elgin Active Adult Corn unity Development, and its
relationship to the inter-governmental agreement betwee the City of Elgin and the
Kane County Forest Preserve District for Open Space .;nd Bike Trail. This letter
summarizes the planning approach, engineering cons derations and categorizes
benefits with regard to the plan for the Active Adult Corn unity and the Open Space
Corridor being advanced.
The planning for this Open Space Corridor predates th Kane County Stormwater
Management Ordinance. In fact, the need for an ecologi al restoration was identified
early in the project development, and the planning of the Ac ive Adult Community has, to
some extent, been built around the ecological restoration f the Open Space Corridor.
In the existing condition Otter Creek traverses the site fro north to south in a highly
disturbed, highly modified channel configuration that w s based on the needs of
agriculture. In its current condition the land is farmed to as close to the top of the
streambanks as can be reasonably achieved. There is ve little in the way of existing
vegetation on-site, and there is virtually no riparian corrid r associated with the main
channel. The channel had also been relocated to as far to he east as possible in order
to maximize agriculture. In essence, the main channel no longer accesses the
floodplain in a manner characteristic of this type of stream.
The proposed plan puts the channel back in a meandered fashion into the floodplain.
More than 50% is added to the length of the stream channel, which is relatively steep
throughout this reach. It is also proposed that native plantings and bioengineering
techniques be used to reestablish the streambanks for the proposed channel
configuration. The ecological restoration of the stream channel, into its meandered
pattern and with better access to the floodplain, has the following benefits:
XHIB T c
of Exhibit 2
- Water Quality
By reducing the energy gradient and stabilizing the stream channel configuration
it is expected that the in-stream source of sediments will be reduced and the
quality of flow on Otter Creek improved.
It is a fact that the greatest source of total suspended solids in any stream
corridor is erosion of the banks itself. Certainly, the higher energy gradient of the
straightened channel in combination with the unmanaged stream side vegetation
puts a high degree of stress on the ability of the streams system to absorb the
total suspended solids load imposed.
- Wildlife Habitat
The re-meandered stream channel, and the more diverse plant community that is
to be planted, will create more diverse wildlife habitat and a better ecological
balance with a more diverse food chain, which should promote the reuse of the
corridor by aquatic and riparian species, that in all likelihood are not currently
present.
- Flood Storage
The floodplain boundaries are expanded, and all existing floodplain storage is
preserved, however, the project also includes the development of stormwater
management basins that have access to both flows from the development and
flows from upstream regionally from Otter Creek. This has an added advantage
in that for storms of a more regional nature that may not have high point
intensities over the development site the created flood storage is available in the
form of additional floodplain storage on a regional basis. Further, the
reintroduction of the channel within the floodplain will make this storage available
on a more frequent basis so that the public realizes its benefit more often than
would otherwise occur.
- Compliance with Standards Higher than the Stormwater Management
Ordinance
The City of Elgin imposed some requirements in their Far West Area Engineering
Guidelines, that are more stringent than the Kane County Ordinance. They not
only limit the release rate from development to .1 cfs per acre for a 100-yr, 24-hr
duration storm, but they also impose the additional release rate requirement for a
2 year event of a maximum release of .04 cfs per acr .
r
All of the stormwater management basins adjacent to the creek have a large
acreage component that is expected to be planted with native vegetation
appropriate to the hydrologic regime to which it s being introduced. it is
expected that this native vegetation will have a bens it in improving water quality
by filtration and will help reduce water volumes by e aporation and transpiration.
The expanses of native vegetation adjacent to e regional trail are of a
landscape scale, and will be quite striking visually to e users of the regional trail
system.
Ub/US/L'UUL lU.RJJ 1'lua
— Long-Term Maintenance
The Kane County Ordinance requires long-term maintenance of stormwater
management facilities. Since the project encompasses virtually the entire area of
the floodplain, the stormwater management ponds and the relocated channel
area are to be managed and maintained by the Homeowner's Association. This
Ordinance requirement defrays a significant public burden for management
activities.
The above are just some of the reasons that we believe that the proposed Open Space
Corridor in the Elgin Active Adult Community meets not only the intent and spirit of the
City of Elgin inter-governmental agreement and the Kane County Stormwater
Management Ordinance, but in some ways surpasses the vision that both documents
embodied.
If you have any questions regarding this, please do not hesitate to call me at
(630) 443-7755.
Sincerely,
- 'LL6-A/14-e-
John J. Wills, P.E.
President
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