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05-240 Resolution No. 05-240 RESOLUTION REGARDING CITY OF ELGIN WATER QUALITY MANAGEMENT PLAN AMENDMENT APPLICATION FOR THE ELGIN SOUTHWEST EXPANSION AREA BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that Olufemi Folarin,City Manager,be and is hereby authorized and directed to execute a Water Quality Management Plan Amendment Application and any and all other documents relating thereto on behalf of the City of Elgin to the Northeastern Illinois Planning Commission and to the Illinois Environmental Protection Agency for an amendment to the Fox River Water Reclamation District Facility Planning Area to include the Elgin Southwest Expansion Area as identified on the map which is attached hereto and made a part here of by this reference. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that in accord with Criteria Number 3 for Facility Plan Amendments to the Areawide Water Quality Management Plan for Northeastern Illinois,the City of Elgin hereby formally declares that it is the unit of local government responsible for granting zoning in the City of Elgin and will be so in the area in the City of Elgin Water Quality Management Plan Amendment Application identified as the Elgin Southwest Expansion Area,and that the City of Elgin hereby formally accepts financial responsibility for the wastewater treatment system in the event of any system malfunction or failure in the subject wastewater treatment facility after approval of said Facility's Plan Amendment, and Facility's Planning Area Amendment, and after completion of the system improvements described in the subject application. s/Ed Schock Ed Schock, Mayor Presented: July 27, 2005 Adopted: July 27, 2005 Vote: Yeas: 7 Nays: 0 Attest: s/Dolonna Mecum Dolonna Mecum, City Clerk r /I �os F� hill I) / - 1 R Owl July 22 2005 O TO: Mayor and Members of the City Council FlNANCIALLY STABLE CITY GOVERNMENT EFFICIENT SERVICES. AND QUALITY IN FRA$TRUCTV RE FROM: Olufemi Folarin, City Manager William A. Cogley,-Corporation Counsel SUBJECT: Resolution Regarding City of Elgin Water Quality Management Plan Amendment Application for the Elgin Southwest Expansion Area PURPOSE The purpose of this memorandum is to submit to the Mayor and members of the City Council a proposed resolution authorizing the City Manager to execute a proposed application for a City of Elgin Water Quality Management Plan Amendment for the Elgin Southwest Expansion Area. RECOMMENDATION Adoption of the resolution. BACKGROUND The B&B Stonebrook Development and the proposed Residential Land Fund Development would require the expansion of the City's and the Fox River Water Reclamation District's facility planning area boundaries to include such properties. Attached is an executive summary prepared by the consulting engineer regarding the proposed application for the proposed Southwest FPA Expansion Area. The purpose of the request is for the City to provide sanitary sewer service within the area and for the Fox River Water Reclamation District to treat the wastewater generated within the expanded FPA at its west treatment plant facilities. The proposed Southwest FPA Expansion Area is comprised of several parcels listed in the . attached Executive Summary totaling 1,322.5 acres. A map identifying the proposed southwest FPA Expansion Area is also attached hereto. The proposed Southwest FPA Expansion Area does not conflict with any other established FPA's. The proposed Southwest FPA Expansion Area also does not conflict with any surrounding municipal boundary limits. The Residential Land Fund has contracted with Robinson Engineering, Ltd. to prepare the Resolution Regarding City of Elgin Water Quality Management Plan Amendment Application for the Elgin Southwest Expansion Area July 22, 2005 Page 2 subject plan amendment application. The Residential Land Fund will be paying all of the costs associated with the plan amendment application. Attached is a proposed resolution authorizing the City Manager to execute the proposed Water Quality Management Plan Amendment Application on behalf of the City of Elgin to the Northeastern Illinois Planning Commission and the Illinois Environmental Protection Agency for the proposed amendment. Such resolution also includes the required statement regarding Criteria #3 considered by NIPC whereby the City of Elgin as the local government responsible for granting zoning in the City of Elgin will accept financial responsibility for the wastewater treatment system in the event of any system malfunction or failure, in the subject wastewater treatment facility after approval of the proposed Facility Plan Amendment and Facility Planning Area Amendment. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED The Fox River Water Reclamation District has been consulted during the preparation of the subject plan amendment application. A preliminary letter of support from FRWRD's General Manager, Greg Hergenroeder, and a letter of support from the Residential Land Fund are also attached. FRWRD will be contacted prior to the filing of the subject application with the Northeastern Illinois Planning Commission and the Illinois Environmental Protection Agency and will be requested to formally support the City's application. FINANCIAL IMPACT None. The Residential Land Fund has agreed to pay all costs associated with the processing of the subject plan amendment application. LEGAL IMPACT Expansion of the Facility Planning Area to include the subject proposed developments will be necessary in order for the City to provide sanitary sewer service to the subject area. ALTERNATIVES 1. Adoption of the resolution. 2. Do not adopt the resolution thereby declining to proceed with the expansion of the proposed Southwest Expansion Area. Respectfully submitted for Council consideration. WAC/mg Attachments i CITY of ELGIN, ILLINOIS ELGIN SOUTHWEST FPA ADDITION BOUNDARY IDENTIFICATION •:•>:::•:::•>::a;;aF.>';:>:•:;;•::•:•;:a:r:•::;::':•:>:c•::;:;a:::;:;a: :<>:»>:;.»:» ;>:: ;:«s:> r ,I : . ....................................................................... ....................... I I, .................................... .. ....... .... .. •::•i;{iiiiG�iii�:i�iiii�:f�:i::..:}iiiii:::: ................................... ......... d:ii•i)iiiii:iiiii:P?:�iiiiilii5�f iiiiii`.i}.`'i:iii :i vi+iSiy.:;:. l _. - - \ .:_.:. °.?...:r.:.. .. I I .www 2000 0 2000 v:1 I ................. I: .. ......................................... -�' SCALE 1 2000__ _L II r^ .tf•. 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E7UFIIH6 WA e0uluV1Y ... ..........................................................;;.... ........................ ........ .......................................... p PR WA ADDITION '1• OPO6m _ all - - �_ 1 i I i MCI NALP'ROAQ - _ I --- y '17 7v r �, _s _._.._..._._.... ..._ _ - - - EDIT U f I 1t� I �-� I i I�C�r �C-' _ I I ' ) I ------ --- -- --- ...; t.�� G ROAD .p...� • 7 � I Y:` ,i'-"-" I I•l (, I i J 1i{, ( I' 1 � �/ '. Co,m�oO mad Pnomdud F>rOr.n 1 i.. •�i�i\` I j�- "!�" ,ti---•-*-Y \--l�ix r� --, - I ...: i..I r. /.n I i�-���` /} -/==��:-\�ai.�:.�e•. 'I/�K Y-�:I 1.�T� "�i-..---...""'__' I �/ _ Elgin Southwest FPA Addition June 2005 EXEUTIVE SUMMARY The City of Elgin proposes to expand its FPA boundary and respectfully requests the Northeastern Illinois Planning Commission (NIPC) to review the following application and supporting documents and subsequently- approve the amended boundaries as described herein. Please recall on October 24; 2004 the Water Resources Committee (under NIPC Water Quality Review 03-WQ-095) supported a 7,275 acre addition of the Elgin/FRWRD FPA, known as the Elgin Northwest FPA. addition. On December 27, 2004 the Illinois Environmental Protection Agency approved the subject area minus the-900 acres that lie west of State Route 47. The denial was based on, "The lack of existing need---" at that time. There was no immediate planned development at the time of requesting said land be brought into the FPA. The excluded 900 acres of land was designated for low-density residential, light industrial, and commercial use. The total population equivalent (P.E.) within the 900 acres amounted to 6,781 P.E. The purpose of this request is for Elgin to provide sanitary sewer service within the proposed FPA and for the Fox River Water Reclamation District (FRWRD) to treat the wastewater generated within the FPA at its West Treatment Plant facilities. Therefore, we are concurrently requesting that NIPC staff and Water Resources Committee support the addition of the FRWRD FPA., A letter of support from FRWRD Board President, Ernest R. Ludwig, is included in this submittal under Tab #4. The goal of this amendment is to trade land and population equivalents previously approved by NIPC (but denied by IEPA) for land and P.E. that is immediately ready for development. The proposed FPA is contiguous and ' 'southwest of the existing Elgin/FRWRD FPA, hereinafter referred to as the, "Southwest FPA Addition". The proposed Southwest FPA Addition is comprised of several parcels of land that are legally described in Section 5 herein and depicted in Exhibit #1. The properties are to be developed as single family residential, townhomes, and approximately 55.8 acres of commercial. The parcels are differentiated into six (6) developments having the following names, acreage and estimated P.E. DEVELOPER ACREAGE ESTIMATED P.E. B & B 481.4 2,166 Centex Homes 27.5 333 Residential Land Fund 652.6 3,360 Gathman 25.2 140 Cornelison 100.3 605 Thorton 45.5 175 Estimated Total= 1,322.5 6,779 The proposed Southwest FPA boundary does not conflict with any other established FPA and is entirely within Kane County. It is not in conflict with any surrounding community boundary limits. The City of Elgin is not aware of any boundary overlaps or concerns Prepared by: Robinson Engineering,LTD. Elgin Southwest FPA Addition June 2005 from other communities. The report demonstrates that Elgin and FRWRD are best suited to transport and treat the wastewater generated from the proposed development within the proposed Southwest FPA. We have come to this conclusion after reviewing the alternatives for treatment by other potential parties adjacent to the proposed FPA. We have further determined that a proliferation of small treatment plants or septic tanks with subsurface disposal systems scattered throughout the FPA in a relatively decentralized fashion, is not environmentally preferred over the concept of a carefully conceived sewer system to transport wastewater to a centralized treatment plant along the banks of the Fox River. According to the Illinois State Water Survey map for 7-day, 10-year low flow streams, the proposed FPA does not contain any significant waterways to facilitate discharge of treated effluent. Surface drainage is from west to east through mostly small tributaries to Otter Creek with Otter Creek lying approximately one mile east of the proposed Southwest FPA. Effluent discharge to these minor watersheds is not advisable, if other. less environmentally sensitive alternatives are available. Note the upper horizon soils within the Southwest FPA are not well suited for spray irrigation systems. The report will reveal that the Kane and DuPage Soil & Water Conservation District has determined that soils within the.proposed FPA are either very limited or somewhat limited for use as spray irrigation systems. These soils are either too tight and/or have high water tables. The possible consideration of nearby parties other than Elgin servicing the area implies drinking water supplies would come from well water sources. The reality of over 247- million gallons removed annually from the water bearing aquifers within the proposed FPA would further deplete the limited Kane County water resources currently available. It is Elgin's intent to provide City water to developments within the FPA. The vast majority of Elgin's water supply comes from the Fox River. Therefore, existing well water sources in and around the proposed FPA would not experience any measurable water supply impact from development within the FPA. In addition, wastewater treatment with discharge to the Fox. River would eliminate the potential of spray irrigation effluent from contaminating surrounding upper aquifers or interfering with existing public and private wells. We have also determined that the economy of scale able to be provided by major treatment facilities operated by FRWRD staff, results in a more cost effective solution than other options studied. FRWRD charges a fee of $1.55 per thousand gallons of wastewater treated at its facilities. In summary, the City of Elgin believes it is best suited to transport (and FRWRD to treat) the wastewater generated within the requested Southwest FPA addition area. Prepared by: Robinson Engineering,LTD. From: 1 630 573 0461 Pa :2/2 Date:4/12/200510:20:04 AM �. -- _.- ..-- ge__. .Apr 11 05 09:27a Pagorski d Assoc. 847#742#1504 p. 2 FOX RIVER WATER RECLAMATION DISTRICT RAYMOND S#IEET P.PURIFY DRIVE/P.O.BOX 32B.ELGIN,IL 60121-03281 PR(8471742-2068 FAX(847)742-0193 April 7,2005 Mr. Albin Pagorski 962 Martin Dr. Elgin,-Illinois 60120 Re:Proposed FRWRD FPA Amendment Dear A 1: As requested,please be advised that the Fox River Water Reclamation District will favorably review a proposed Water Quality Management Plan Amendment Application concerning substitution of properties for areas excluded byIEPA in the 03-WQ-095 NWC application. Sincerely, Fox River Water Reclamation District Gregory Hergenroeder,P.E. General Manager C:Board of Trustees 00AROMEMBERS Ernest R.Ludwkj,Pmsidont James E,Tbekw.Woe President Sruee R Corn,rreoswet-cwe, Sandra J.Veethio,TarMee;Kevin B.Ke(y,Trustee OFFMALS Gcegnry+le�etnugder.P.E,General Mertager,0ongtas J.Sda,Altomey f THE RESIDENTIAL LAND FUND I, L.P. June 13 2005 Ms. Kerry Leigh, Director Northeastern Illinois Planning Commission .222 S. Riverside Plaza, Suite 1800 Chicago, IL 60606 Dear Ms. Leigh: The Residential Land Fund I, L.P. ("RLF I") is submitting this letter.of support for the City of Elgin Water Quality Management Plan Amendment Application for an amendment to the Fox River Water Reclamation District Facility Planning Area to include the area known as the Elgin Southwest Addition FPA. A map identifying the Elgin Southwest Addition FPA is attached hereto and made a part of this letter of support. RLF I is developing the property consisting of approximately 1,000 acres which is located within Elgin Southwest Addition FPA (the "RLF I Property"). The RLF I Property (including the Gathman and Cornelison properties) is identified in yellow on the attached map and the legal description of the RLF I Property is also attached hereto and made a part of this letter of support. RLF I has been in the process of annexation.and zoning with the City of Elgin Planning and Development Commission for several months and the RLF I Property should be completely annexed to the City of Elgin by the end of July 2005. The Fox River Water Reclamation District has sufficient capacity and resources to serve the development of the land area in the Elgin Southwest Addition FPA with wastewater treatment services and it is the opinion of RLF I that the city of Elgin and FRWRD are best suited to serve such land area for development and expansion. RLF I requests and urges the Northeastern Illinois Planning Commission to recommend approval of the City of Elgin's Water Quality Management Plan Amendment Application for an amendment to the Fox River Water Reclamation District Facility Planning Area to include the Elgin Southwest Addition FPA. Sincerely, William E. Navolio VP of Operations & Corporate Counsel WEN/cl Enclosures cc: Mayor Shock Members of the City Council 1301 WEST 22ND STREET- SUITE�210, OAK BROOK, ILLINOIS 605.23 PHONE: 630-573-0460 FAX: 630-573-0461