HomeMy WebLinkAbout009-R-182/6/2018
9-R-18
A RESOLUTION
AUTHORIZING THE APPROVAL AND EXECUTION OF
A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF
EVANSTON AND THE MORTON GROVE-NILES WATER COMMISSION
FOR THE CONSTRUCTION AND OPERATION OF AN INTERMEDIATE
BOOSTER PUMP STATION LOCATED AT 2525 CHURCH STREET
WHEREAS, in 2017, the corporate authorities of the City of Evanston
("Evanston"), the Village of Morton Grove ("Morton Grove") and the Village of Niles
("Niles") each adopted an ordinance or resolution that authorized the approval and
execution of an agreement entitled "Water Supply Agreement Between The City Of
Evanston And The Village Of Morton Grove And The Village Of Niles" (the "Water.
Supply Agreement"). The respective ordinance and resolutions approving the Water
Supply Agreement are identified as follows: Evanston approved Ordinance Number 5-
0-17 on February 13, 2017; Morton Grove approved Resolution Number 17-03 on
January 23, 2017; and Niles approved Resolution Number 2017-02R on January 24,
2017; and
WHEREAS, after the approval of the Water Supply Agreement, the
Morton Grove -Niles Water Commission ("MGNWC" or "Commission") was established
by an intergovernmental agreement approved by Morton Grove and Niles by the
adoption of ordinances pursuant to Division 135 of Article 11 of the Illinois Municipal
Code (65 ILCS 5/11-135-1, et seq.) ("Division 135"), Article VII, Section 10 of the 1970
Constitution of the State of Illinois, and the Illinois Intergovernmental Cooperation Act (5
ILCS 220/1, et seq.) for purposes of constructing and operating a public water supply
mar:
system (the "MGNWC System") consisting of water transmission mains, pumping,
storage, and other related water delivery and receiving infrastructure between a
connection point on the Evanston water system and existing water receiving points of
Niles and Morton Grove (the "Project"); and
WHEREAS, the MGNWC determined that the IPS can be located in
Evanston on a 2.58-acre parcel of property located north of Church Street, east of the
North Shore Channel, south of Beck Park and west of McDaniel Avenue commonly
known as 2525 Church Street, Evanston, Illinois (the "Shore Property"). The Shore
Property is owned by the Metropolitan Water Reclamation District of Greater Chicago
("MWRDGC") and leased by Evanston. Evanston and the MGNWC determined it is
necessary to enter into a Memorandum of Understanding ("MOU") regarding the IPS
construction and operation; and
WHEREAS, Evanston intends to develop the Shore Property with the
grading of an athletic field and the construction of a splash pad, picnic shelter, public
rest rooms, and parking lot. ("the Evanston Improvements"). The Evanston
Improvements will require the demolition of the existing school building and north
parking lot; and expansion of the existing south parking lot. These uses and activities to
be performed by Evanston, and all actions to be performed by Evanston pursuant to this
MOU, were otherwise approved as more fully set forth in Ordinance 2-0-18, previously
approved by the Evanston City Council; and
WHEREAS, subject to the approval of the MWRDGC, Evanston and the
MGNWC have agreed that the IPS shall be constructed and operated on the Shore
Property in accordance with the terms and conditions of this MOU; and
WHEREAS, the Mayor and City Council of the City of Evanston have the
authority to enter into this MOU pursuant to Evanston's home rule powers as provided
by Article VII, Section 10 of the 1970 Constitution of the State of Illinois, the Illinois
Intergovernmental Cooperation Act (5 ILCS 220/1, et seq.) and the Illinois Municipal
Code (65 ILCS 5/1, et seq.), and the City Council finds that approving and entering into
the MOU is in the best interests of the City of Evanston.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: Each Whereas paragraph above is incorporated by reference
into this Section 1 and made a part hereof as material and operative provisions of this
Resolution.
SECTION 2: The City Council of the City of Evanston authorizes the
approval of the attached form of an agreement entitled "MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF EVANSTON AND THE MORTON
GROVE-NILES WATER COMMISSION FOR THE CONSTRUCTION AND
OPERATION OF AN INTERMEDIATE BOOSTER PUMP STATION ON PROPERTY
COMMONLY ADDRESSED AS 2525 CHURCH STREET, EVANSTON IL. ON
MWRDGC PROPERTY", attached hereto as Exhibit "A". The City Council of the City of
Evanston authorizes and directs the City Manager to execute the MOU in a form
approved by the Corporation Counsel, and to execute and deliver all other instruments
and documents and pay all costs that are necessary to fulfill Evanston's obligations
under the MOU. This includes reimbursing MGNWC $12,160 for demolition of the
Shore Property and related activities, as provided for in Section 6 of the MOU.
SECTION 3: This Resolution 9-R-18 shall be in full force and effect from
and after its passage and approval in the manner provided by law.
Atte t:
Devon Reid, City Clerk
Adopted: February 12, 2018
tephen . Hag�rt ,lla�ror►
Approved as to f m:
W. Giant Farrar, Corporation Counsel
Exhibit "A"
"MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF EVANSTON AND
THE MORTON GROVE-NILES WATER COMMISSION FOR THE CONSTRUCTION
AND OPERATION OF AN INTERMEDIATE BOOSTER PUMP STATION ON
PROPERTY COMMONLY ADDRESSED AS 2525 CHURCH STREET, EVANSTON IL.
ON MWRDGC PROPERTY"
(attached)
MEMORANDUM OF UNDERSTANDING BETWEEN THE
CITY OF EVANSTON AND THE MORTON GROVE-NILES WATER COMMISSION
FOR THE CONSTRUCTION AND OPERATION OF AN INTERMEDIATE BOOSTER PUMP
STATION ON PROPERTY COMMONLY ADDRESSED AS 2525 CHURCH STREET, EVANSTON
IL. ON MWRDGC PROPERTY
THIS MEMORANDUM OF UNDERSTANDING ("MOU"), is dated the X day of y,
2018 (the "Effective Date"), and is made and entered into between the city of Evanston, an Illinois
home rule municipal corporation and the Morton Grove -Niles Water Commission, an Illinois Water
Commission ("the Parties").
WHEREAS, the Constitution of the State of Illinois, 1970, Article VII, Section 10, authorizes
units of local government including the City of Evanston and the Morton Grove -Niles Water
Commission to contract or otherwise associate among themselves in any manner not prohibited by
law or ordinance; and
WHEREAS, the Intergovernmental Cooperation Act ("Act"), 5 ILCS 220/1, et seq., provides
that any power or powers, privileges or authority exercised or which may be exercised by a public
agency may be exercised and enjoyed jointly with any other public agency; and
WHEREAS, the City of Evanston ("Evanston") owns and operates a public water system (the
"Evanston Water System") capable of supplying Lake Michigan water to meet the full water
requirements of the Villages of Morton Grove and Niles ("the Villages"); and
WHEREAS, in 2017, pursuant to Evanston Ordinance Number 5-0-17, Morton Grove
Resolution Number 17-03 and Niles Resolution Number 2017-02R, Evanston, and the Villages
entered into a Water Supply Agreement (the "Evanston WSA") which requires Evanston to supply
the Villages their full water needs, or approximately 7 million gallons of water per day; and
WHEREAS, after the approval of the Evanston WSA, the Morton Grove -Niles Water
Commission ("MGNWC"), was established pursuant to Morton Grove Ordinance 17-5 and Niles
Ordinance No. 2017-19 to construct and operate a public water supply system (the "MGNWC Water
System") to serve Morton Grove and Niles; and pursuant to the Evanston WSA, upon the creation
of the MGNWC, all of the Villages' rights and obligations under the Evanston WSA were
automatically assigned to, and assumed by the MGNWC; and
WHEREAS, the MGNWC Water System will consist of water transmission mains, an
intermediate pump station, the Nagle pump station, a standpipe and other related infrastructure to
transport water from the Evanston Water System at a point near the intersection of Emerson Street
and McCormick Boulevard (`the Connection Point") to the Villages; and
WHEREAS, a critical component of the MGNWC Water System is an intermediate pumping
station ("IPS") which must be constructed and operated within 5,000 feet of the Connection Point;
and
WHEREAS, the MGNWC has determined that the IPS can be located in Evanston on a 2.58-
acre parcel of property located north of Church Street, east of the North Shore Channel, south of
Beck Park and west of McDaniel Avenue commonly known as 2525 Church Street, Evanston, Illinois
(the "Shore Property"). The Shore Property is owned by the Metropolitan Water Reclamation District
of Greater Chicago ("MWRDGC") and leased by Evanston; and
RESOLUTION NO. 18-23
AUTHORIZING MOU IPS
1/30/18
WHEREAS, Evanston intends to develop the Shore Property with the grading of an athletic
field and the construction of a splash pad, picnic shelter, public rest rooms, and parking lot. ("the
Evanston Improvements"). The Evanston Improvements will require the demolition of the existing
school building and north parking lot; and expansion of the existing south parking lot. These uses
and activities to be performed by Evanston, and all actions to be performed by Evanston pursuant
to this MOU, were otherwise approved as more fully set forth in Ordinance 2-0-18, previously
approved by the Evanston City Council; and
WHEREAS, subject to the approval of the MWRDGC, Evanston and the MGNWC have
agreed that the IPS shall be constructed and operated on the Shore Property in accordance with the
terms and conditions of this MOU; and
WHEREAS, Evanston and the MGNWC have determined that it is in their mutual best
interests, and in furtherance of the public health, safety and welfare, to enter into this Memorandum
of Understanding;
NOW THEREFORE, IN CONSIDERATION OF THE COVENANTS SET FORTH HEREIN, AND
FOR OTHER GOOD AND VALUABLE CONSIDERATION, THE RECEIPT AND SUFFICIENCY OF
WHICH ARE HEREBY ACKNOWLEDGED, THE PARTIES AGREE AS FOLLOWS:
1. The foregoing Whereas clauses and all Exhibits referenced herein are incorporated into and
made a part of this MOU.
2. If there is an inconsistency between the Evanston WSA and this MOU, this MOU shall be
controlling. Except where specifically provided otherwise in this MOU, all terms and conditions of the
Evanston WSA remain in full force and effect. This specifically includes, but is not limited to, sections
19.09 (No Third Party Beneficiaries) and 19.14 (No Separate Legal Entity; No Joint Venture or
Partnership or Agency) of the WSA.
3. Evanston consents to the use of the Shore Property for the construction, maintenance and
operation of the MGNWC IPS and the installation, maintenance and operation of two 24-inch
diameter water supply lines and a fiber optic cable from the intersection of Lyons Street and
McCormick Boulevard in Skokie to the IPS (the "Pipelines").
4. Location of IPS building.
a. The west wall of the IPS building will be located a minimum of 60 feet east of the existing
channel fence line to maintain the minimum clearance from the channel edge of bank
required by MWRDGC.
b. The south wall of the building will be located approximately 65 feet north of the south
edge of the existing south parking area. This distance is provided to allow the widening of
the parking area to the north in the future by Evanston to provide additional parking stalls.
5. Design of the IPS Building.
a. The design of the IPS building shall be substantially the same as illustrated in Exhibit
A and Exhibit B.
b. The IPS building will be designed and constructed to include space for at least two public
bathrooms and a mechanical room for the splash pad pumping and filtration equipment
meeting the needs of Evanston. These facilities will occupy spaces as shown on the attached
exhibits with the splash pad mechanical room located in the northeast comer of the building
and the bathrooms located in the southeast corner of the building. These portions of the
building will be fully isolated from the pumping station. There will be no wall penetrations
between the Evanston occupied spaces and the MGNWC spaces. Exterior doors to the
RESOLUTION NO. 18-23
AUTHORIZING MOU IPS
1/30/18
bathrooms and splash pad mechanical room will be located on the east wall of the building.
Evanston will, at its sole expense supply independent sources of water and electrical power
to the public bathrooms and splash pad mechanical room.
C. The IPS building architecture will resemble the renderings shown in Exhibit B. The
primary building materials shall be brick and block.
d. The IPS will be a one story building not exceeding 35 feet in height and with plan view
dimensions that will not exceed 40 feet wide and 100 feet long orientated on a north -south
axis. The building dimensions may vary for the above if the required bathroom/mechanical
room facilities have space requirements that exceed the space provided.
e. The IPS engine generator will be natural gas powered and will be located in the north
end of the building with the air intake louver on the north wall and the exhaust louver on the
west wall. The engine muffler will be critical grade rated.
f. The IPS building will have exterior lights and security cameras and will not have windows.
Access doors to the IPS will be located on the west and north side of the building.
g. The MGNWC shall submit preliminary design plans for the IPS building to Evanston
within (7) seven days after the Effective date of this MOU. Evanston will advise the MGNWC
of any requested additional adjustments to the building within a reasonable time after receipt,
and also contingent upon that MGNWC completed all required design review by Evanston.
6. Within approximately six weeks after the Effective Date of this MOU, MGNWC will contract
and pay for engineering services and construction work to demolish and remove the existing school
building and north parking lot from the Shore Property. MGNWC is solely responsible for the means
and methods of this work. Evanston will reimburse MGNWC for its reasonable costs associated with
this work. The south parking lot will remain in its existing state until the park improvements are
constructed by Evanston.
7. MGNWC will at its expense, install code compliant electrical and the plumbing connections
and fixtures for the bathrooms and will make provisions such as floor openings and ducts for the
future completion of the piping needed for the splash pad mechanical equipment. Drains and
plumbing waste connections in the restrooms will be connected to the IPS wastewater removal
system which will consist of a grinder pump station. MGNWC is solely responsible for the means and
methods of this work. Evanston will reimburse the MGNWC for the cost to purchase and install the
bathroom fixtures.
8. Evanston intends to construct the park improvements at some time in the near future.
Evanston will provide the water supply and the electrical power needed for the bathrooms, splash
pad mechanical room, and site lighting. Evanston will furnish and pay for the mechanical equipment
required for the splash pad. Evanston will design, permit, construct, and pay for the south parking
lot repaving and expansion. Except as specifically provided otherwise in this MOU, all Park
Improvements will be designed and constructed by Evanston at its expense.
9. The MGNWC will at its expense design, construct and install the Pipelines using a
combination of boring and jacking, directional drilling, and open cutting. The Pipelines will cross
under the North Shore Channel to the north of the IPS building. The directional drilling pit will be
located in a portion of the area to be occupied by the future athletic field. The excavation will be
filled with compacted fill material to minimize future settlement. MGNWC is solely responsible for
the means and methods of this work. MGNWC agrees to provide complete copies of all
engineering, mechanical, and construction drawings to Evanston before the work in this paragraph
commences. MGNWC agrees after this work is completed, if necessary, to perform at its expense
all site clean-up and restoration activities at sites implicated by MGNWC's work. Site clean-up and
restoration activities, if any, must comply with standards approved by Evanston and/or MWRDGC.
Restoration work shall be limited to rough grading, seeding, and mulching to prevent erosion.
Evanston will be responsible for the preparation of all grading plans and the preparation of the future
RESOLUTION NO. 18-23
AUTHORIZING MOU IPS
1/30/18
athletic field. After completing this work MGNWC will provide Evanston Drawings of Record of all
construction work performed by MGNWC or its contractors within the Evanston leased property.
10. The MGNWC will, at its sole expense, procure all required easements from the MWRGC for the
construction, operation and maintenance of the IPS and the Pipelines on the Shore Property.
MGNWC agrees to provide copies to Evanston of all required easements required by this paragraph
after they are recorded by MGNWC with Cook County.
11. MGNWC will, at its sole expense, procure any and all permits required from other governmental
units for the construction and maintenance of the IPS and the Pipelines.
12. Evanston will assist MGNWC with the expeditious procurement of all easements and permits for
the IPS and the Pipelines.
13. Evanston will procure all permits needed for the construction of the Park Improvements.
14. MGNWC will work with Evanston to minimize construction impacts on the adjacent
neighborhood. MGNWC agrees to routinely provide complete information to Evanston regarding
construction scheduling and impacts. MGNWC agrees to maintain its construction sites and
construction mobilization areas in a neat, safe, and orderly condition.
15. Construction of IPS building and Pipeline is expected to commence in February, 2018 and will
be essentially completed in calendar year 2018 with some restoration work to be finished in 2019.
16. The issues of maintenance of the IPS after construction of the IPS is completed, SCADA
control, and subsequent supervision of IPS operations, will be subject to further negotiation by the
parties and subsequent execution of a written MOU.
AGREED
The City of Evanston
By (N
Wally Bo kiewi ty�Manager
Attest: -
W. Grant Farrar, '
Corporation Counsel
RESOLUTION NO. 18-23
AUTHORIZING MOU IPS
1/30/18
Exhibit A
Proposed IPS Building Floor Plan
(Attached)
RESOLUTION NO. 18-23
AUTHORIZING MOU IPS
1/30/18
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Exhibit B
Proposed IPS Building Architectural Rendering
(Attached)
RESOLUTION NO. 18-23
AUTHORIZING MOU IPS
1/30/18
nz
STATE OF ILLINOIS )
) SS
COUNTY OF COOK )
CLERK'S CERTIFICATE
I, John Pietron, Clerk of the Morton Grove -Niles Water Commission, Cook County, State of
Illinois, certify that the attached and foregoing is a true and correct copy of that certain Resolution
now on file in my office, entitled:
RESOLUTION NO. 18- 23
A RESOLUTION APPROVING THE AUTHORIZATION AND APPROVAL OF A
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF EVANSTON AND THE
MORTON GROVE-NILES WATER COMMISSION FOR THE CONSTRUCTION AND
OPERATION OF AN INTERMEDIATE BOOSTER PUMP STATION ON PROPERTY
COMMONLY ADDRESSED AS 2525 CHURCH STREET, EVANSTON IL. ON MWRDGC
PROPERTY
which Resolution was passed by the Board of Commissioners of the Morton Grove -Niles Water
Commission at a Regular Meeting held on the 1st day of February 2018, at which meeting a quorum
was present.
I further certify that the vote on the question of the passage of said Resolution by the Board
of Commissioners of the Morton Grove -Niles Water Commission was taken by Ayes and Nays and
recorded in the minutes of the Board of Commissioners of the Morton Grove -Niles Water .
Commission, and that the result of said vote was as follows, to -wit:
AYES: John Pietron and Steven Vinezeano
NAYS: None
ABSENT: None (Cook County Appointee not appointed yet)
I do further certify that the original Resolution, of which the foregoing is a true copy, is
entrusted to my care for safekeeping, and that I am the lawful keeper of the same.
IN WITNESS WHEREOF, I have hereunto set my hand this 1st day of February 2018.
n.
hn Pietron, Clerk
RESOLUTION NO. 18-23
AUTHORIZING MOU IPS
1/30/18