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HomeMy WebLinkAboutAGENDA - 03/11/2025 - AGENDAAGENDA REGULAR VILLAGE BOARD MEETING MARCH 11, 2025 7:00 PM 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE INVOCATION (PASTOR JONAH BOUTELL, PRINCE OF PEACE UNITED METHODIST CHURCH) 3. APPROVAL OF MINUTES OF FEBRUARY 25, 2025 4. MAYOR & BOARD OF TRUSTEES' REPORT 5. ACCOUNTS PAYABLE WARRANT: FEBRUARY 28, 2025 $3,646,666.89 MARCH 11, 2025 $ 352,181.58 6. CONSENT AGENDA a. Consideration of a request from the Illinois Department of Transportation (IDOT) to waive permit fees for the parking lot reconstruction at 1101 Biesterfield Road in the amount of $31,668. (It has been past practice of the Village Board to grant fee waivers for governmental and non-profit organizations. (The Director of Community Development recommends approval.) b. Consideration to approve the third quarter financial report ending January 31, 2025. (As part of the financial software system, staff has created quarterly financial reports comparing year to date numbers to the prior year. (The Director of Finance recommends approval.) c. Consideration to award a construction contract to the lowest responsive and responsible bidder Acqua Contractors Corporation of Elmhurst, IL for the Bennett Road and Gaylord Street Intersection Drainage Improvements project in the amount of $626,000 from the Business Leaders Forum Fund. Pagel of 5 (On Thursday, February 27, 2025, the Village opened sealed bids for the Bennett Road and Gaylord Street Intersection Drainage Improvements project. (This project will include constructing a new parallel storm sewer between buildings and add drainage structures to alleviate localized drainage issues at the Bennett Road and Gaylord Street intersection. (A total of thirteen (13) contractors obtained bid documents and nine (9) contractors submitted bids. (The lowest responsive and responsible bid was received from Acqua Contractors Corporation of Elmhurst, IL. (Adequate funds are available in the Business Leaders Forum Fund. (The Director of Public Works recommends approval.) d. Consideration to commit to the purchase of Bulk Rock Salt through the State of Illinois Joint Purchasing Contract in the amount of 2,500 tons for the FY 2025-2026 winter season. (Illinois (CMS) is currently preparing bids for the FY 2025-26 Bulk Rock Salt Joint Purchasing Program. (The Village intends to purchase 2,500 tons of Bulk Road Salt for the 2025 - 2026 winter season. (The contract allows for the purchase of a minimum of eighty percent (80%) and a maximum of one hundred and twenty percent (120%) of the awarded amount. (This purchase option provides flexibility in the event that snowfall totals are below average and provides sufficient quantities to ensure safe roadways during a severe winter. (Adequate funds have been budgeted in the FY2026 budget. (The Director of Public Works recommends approval.) e. Consideration to adopt Resolution No. 16-25 adopting the 2025 Official Zoning Map of the Village of Elk Grove Village as of December 31, 2024. (This Resolution adopts the map as the Official Zoning Map of the Village of Elk Grove Village as of December 31, 2024. (The map will be placed on file in the Office of the Village Clerk.) f. Consideration to adopt Resolution No. 17-25 authorizing the Mayor to execute an Intergovernmental Agreement with the Illinois State Toll Highway Authority (Illinois Tollway) and the Village of Elk Grove Village as part of the 1-490 Elgin O'Hare Western Access Project. (The proposed Intergovernmental Agreement (IGA) between the Illinois State Toll Highway Authority (Illinois Tollway) and the Village of Elk Grove Village outlines the design, construction, and maintenance responsibilities for several infrastructure improvements as part of the 1-490 Elgin O'Hare Western Access Project. Key improvements include the installation of a sanitary force main, shared use path, water main lining, and stormwater drainage enhancements. (This IGA was approved in January, but was later altered by the Tollway, requiring a re - approval by the Village. (The Director of Public Works recommends approval.) Page 2 of 5 g. Consideration to adopt Resolution No. 18-25 authorizing the Mayor to execute an Intergovernmental Agreement with the City of Des Plaines and the Village of Elk Grove Village as part of the I-490 Elgin O'Hare Western Access Project. (The proposed Intergovernmental Agreement (IGA) between the City of Des Plaines and the Village of Elk Grove Village outlines the design, construction, and maintenance responsibilities for a new sanitary sewer lift station, which is required as part of the improvements related to the I-490 Elgin O'Hare Western Access Project. (The IGA states that the Village will accept sanitary sewer inflow from four properties in Des Plaines, due to sanitary sewer complications related to the new I-490 interstate construction. (The Village is accepting the sanitary sewer flows in perpetuity, at no cost to Des Plaines. In lieu of sanitary sewer fees, the Village is accepting infrastructure improvements to be completed by the Tollway at no cost to the Village, including the lining of the York Road water main from Devon Avenue to Pan Am Boulevard. (The IGA was approved in Des Plaines, and is awaiting Village execution. (The Director of Public Works recommends approval.) h. Consideration to adopt Resolution No. 19-25 authorizing the Mayor and Village Clerk to execute an agreement for the Village of Elk Grove Village to re-enter into a mutual aid agreement with the Illinois Public Works Mutual Aid Network (IPWMAN). (The Illinois Public Works Mutual Aid Network (IPWMAN) was founded in 2009. (The Village Board originally approved a resolution for Elk Grove Village to join IPWMAN on March 10, 2020. (IPWMAN is asking members to re-enter into an agreement after adopting its mutual aid agreement and bylaw. (IPWMAN is a statewide network for Public Works Departments to coordinate outside assistance for municipalities affected by an emergency or other calls for service. (IPWMAN was modeled after, and developed with assistance from representatives in, other first responder networks such as the Mutual Aid Box Alarm System (MABAS) and the Illinois Law Enforcement Alarms System (ILEAS). (IPWMAN provides the Village the opportunity to give or receive resources, including personnel and equipment, access to a network of responding agencies, and access to a state- wide network of aid during emergencies or other calls for service, when local resources could become overwhelmed or not available all together. (The mutual aid agreement does not obligate the Village to respond, nor does it require an explanation as to why it chose not to respond to a request for assistance. (The Director of Public Works recommends approval.) 7. REGULAR AGENDA 8. PLAN COMMISSION - Village Manager Roan a. PC Docket 25-1 - Consideration of a Petition for Resubdivision and a Special Use Permit for the properties located at 2355 Greenleaf Avenue, 2395 Greenleaf Avenue, and 2461 Greenleaf Avenue. (PH 2-3-2025) Page 3 of 5 b. Consideration of a petition seeking a Special Use Permit to construct an electrical substation for the property located at 101 Northwest Point. (Public Hearing date has yet to be determined.) c. Consideration of a Petition for Resubdivision and associated variations for a data center campus development at 1701 Midway Court. (Public Hearing date has yet to be determined.) 9. ZONING BOARD OF APPEALS - Village Manager Roan a. ZBA Docket 25-1- A Public Hearing for a variation of the Elk Grove Zoning Ordinance No. 3842 as it pertains to permitted square footage for a shed in residential zoning districts for property located at 1531 Oregon Trail. (PH 03-13-2025) b. ZBA Docket 25-2- A Public Hearing for a variation of the Elk Grove Zoning Ordinance No. 3842 as it pertains to permitted locations of fences in residential zoning districts for property located at 699 Chelmsford Lane. (PH 03-13-2025) 10. RECYCLING & WASTE COMMITTEE - Trustee Franke a. Sustainability Plan 11. JUDICIARY, PLANNING AND ZONING COMMITTEE - Trustee Prochno 12. CAPITAL IMPROVEMENTS COMMITTEE - Trustee Schmidt 13. CABLE TELEVISION COMMITTEE - Trustee Jarosch 14. YOUTH COMMITTEE - Trustee Bush 15. INFORMATION COMMITTEE - Trustee Miller 16. BUSINESS LEADERS FORUMS - Trustee Schmidt 17. HEALTH & COMMUNITY SERVICES - Trustee Prochno 18. PERSONNEL COMMITTEE - Trustee Schmidt 19. AIRPORT UPDATE - Mayor Johnson 20. PARADE COMMITTEE - Mayor Johnson 21. MID -SUMMER CLASSICS CONCERT SERIES UPDATE - Mayor Johnson 22. SPECIAL EVENTS COMMITTEE - Mayor Johnson 23. LIQUOR COMMISSION - Mayor Johnson 24. REPORT FROM VILLAGE MANAGER 25. REPORT FROM VILLAGE CLERK 26. UNFINISHED BUSINESS Page 4 of 5 27. NEW BUSINESS 28. PUBLIC COMMENT 29. ADJOURNMENT In compliance with the Americans with Disabilities Act and other applicable Federal and State laws, the meeting will be accessible to individuals with disabilities. Persons requiring auxiliary aids and/or services should contact the Village Clerk, preferably no later than five days before the meeting. Page 5 of 5 RESOLUTION NO. A RESOLUTION ADOPTING THE OFFICIAL ZONING MAP OF THE VILLAGE OF ELK GROVE VILLAGE AS OF DECEMBER 31 2024 NOW, THEREFORE, BE IT RESOLVED by the Mayor and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and DuPage, State of Illinois: Section 1: That the attached map is declared to be the Official Zoning Map of the Village of Elk Grove Village as of December 31, 2024, and is ordered to be placed on file in the Office of the Village Clerk. Section 2: That said map may be purchased for Five Dollars ($5.00) at the Office of the Village Clerk, Charles J. Zettek Municipal Building, 901 Wellington Avenue, Elk Grove Village, Illinois 60007-3499. Section 3: That this Resolution shall be in full force and effect from and after its passage and approval according to law. VOTE: AYES: NAYS: ABSENT: PASSED this I day of 2025 APPROVED this I day of 2025 APPROVED: Mayor Craig B. Johnson Village of Elk Grove Village ATTEST: Loretta M. Murphy, Village Clerk j Elk Grove Village Zoning Map 0 Consortium , A GIS v_� Miles---, 2121/2025 A-1 Multiple -Family Residence District *MEW B-2 Business District (General Business) 1-2 Generalized Industrial District R-2 Single -Family Residence - None Existing A-2 Multiple -Family Residence District B-3 Business District (Automotive) ITC Innovation and Technology Center District R-3 Single -Family Residence District A-3 Combined Multiple -Family Recreation District B-5 Town Center Shopping District O-T OfTcelTransitional District R-4 Residence District - Planned Unit Development r.._.y B-1 Business District (Shopping Center) I-1 Restricted Industrial District R-1 Single -Family Residence District 1,-. 1 Village Boundary if � � yr crmaar.r sr t • �a • Y. uMn,u b Rd aAwm 483 • nc..r... "A-3 1 I i 1 � �� �i11•Y P1C .. i�"r� At Iq 1 R-4 Bn A_ �71 B-2 ._.,• i r. .a., W.. N-n -j:F !•..w.._rrrr..` �.>r _.A i�. RESOLUTION NO. A RESOLUTION AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE ILLINOIS STATE TOLL HIGHWAY AUTHORITY AND THE VILLAGE OF ELK GROVE VILLAGE (I-490 WEST SIDE OF O'HARE) NOW, THEREFORE, BE IT RESOLVED by the Mayor and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and DuPage, State of Illinois as follows: Section 1: That the Mayor be and is hereby authorized to sign the attached document marked: INTERGOVERNMENTAL AGREEMENT BETWEEN THE ILLINOIS STATE TOLL HIGHWAY AUTHORITY AND THE VILLAGE OF ELK GROVE VILLAGE a copy of which is attached hereto and made a part hereof as if fully set forth and the Village Clerk is authorized to attest said document upon the signature of the Mayor. Section 2: That this Resolution shall be in full force and effect from and after its passage and approval according to law. VOTE: AYES: NAYS: ABSENT: PASSED this I day of APPROVED this day of APPROVED: Mayor Craig B. Johnson Village of Elk Grove Village ATTEST: Loretta M. Murphy, Village Clerk 2025 2025 INTERGOVERNMENTAL AGREEMENT BETWEEN THE ILLINOIS STATE TOLL HIGHWAY AUTHORITY AND THE VILLAGE OF ELK GROVE VILLAGE This INTERGOVERNMENTAL AGREEMENT ("AGREEMENT") is entered into by and between THE ILLINOIS STATE TOLL HIGHWAY AUTHORITY, an instrumentality and administrative agency of the State of Illinois ("ILLINOIS TOLLWAY"), and the VILLAGE OF ELK GROVE VILLAGE, a municipal corporation of the State of Illinois ("VILLAGE"), individually referred to as "PARTY" and collectively referred to as "PARTIES." RECITALS WHEREAS, the ILLINOIS TOLLWAY, in order to facilitate the free flow of traffic and enhance the safety of the motoring public, is constructing I-490 along the west side of O'Hare International Airport connecting the Jane Addams Memorial Tollway (I-90) with the Tri-State Tollway (I-294) as part of the Elgin O'Hare Western Access Project as set forth in various construction contracts, including ILLINOIS TOLLWAY Construction Contract Nos. I-21-4746, N19-B and I-24-4979 ("PROJECT"); WHEREAS, as part of the PROJECT and pursuant to Contract No. I-21-4746, the ILLINOIS TOLLWAY is installing a four (4) inch sanitary force main with connection to the VILLAGE's sanitary sewer system near the intersection of Old Higgins Road and Carmen Drive ("SANITARY CONNECTION"), see attached EXHIBIT A; WHEREAS, the SANITARY CONNECTION will result in additional sanitary flow to the VILLAGE's sanitary sewer system, and the VILLAGE, by an intergovernmental agreement with the City of Des Plaines to be executed separately, agrees to accept the additional sanitary flow discharge to its sanitary sewer system; WHEREAS, as part of the PROJECT and pursuant to Contract No. N 19-13, the ILLINOIS TOLLWAY is installing a shared use path ("SHARED USE PATH") and water main lining along York Road from Pan Am Boulevard to Devon Avenue ("WATER MAIN LINING"), see attached EXHIBIT A; WHEREAS, the ILLINOIS TOLLWAY, by a separate intergovernmental agreement with DuPage County, executed November 16, 2023, established its responsibilities concerning right- of-way acquisition, utility relocation and funding of the SHARED USE PATH ("COUNTY IGA"); WHEREAS, the VILLAGE has identified an area near Arlington Heights Road and the I- 90 interchange adjacent to the Elk Grove Cemetery where drainage improvement work is necessary to re-establish and improve stormwater conveyance to the east ("I-90 DRAINAGE WORK"); WHEREAS, as part of the PROJECT and pursuant to Contract No. I-24-4979, the ILLINOIS TOLLWAY plans to perform the I-90 DRAINAGE WORK, including re -grading the foreslope and installing an inlet structure; WHEREAS, the Cook County Department of Transportation and Highways ("COOK COUNTY") is implementing improvements along Elmhurst Road from Touhy Avenue to Greenleaf Avenue and along Touhy Avenue from Elmhurst Road to Mount Prospect Road, including the construction of a quadrant bypass along Old Higgins Road east of Elmhurst Road ("TOUHY AVENUE IMPROVEMENTS"); WHEREAS, the ILLINOIS TOLLWAY acquired right-of-way for the TOUHY AVENUE IMPROVEMENTS, a portion of which, specifically, the acquired right-of-way at Old Higgins Road east of Elmhurst Road designated ILLINOIS TOLLWAY Parcel No. NW-7A-12-10LEX3 ("NW-7A-12-101.EX3"), likely is not needed in connection with the maintenance and operation of the toll highway system, see attached EXHIBIT A; WHEREAS, the VILLAGE requests to acquire NW-7A-12-10LEX3 after COOK COUNTY completes the TOUHY AVENUE IMPROVEMENTS; WHEREAS, after the TOUHY AVENUE IMPROVEMENTS are complete, the VILLAGE also is interested in acquiring a portion of right-of-way located west of Elmhurst Road from the Illinois Department of Transportation ("IDOT), see attached EXHIBIT A; WHEREAS, the ILLINOIS TOLLWAY does not have the jurisdiction or authority to convey or vacate right-of-way located west of Elmhurst Road, but it does not object to any action IDOT may take, in its sole discretion, to convey or vacate such property; WHEREAS, the PARTIES desire to determine and establish their respective responsibilities regarding design engineering, construction, right-of-way, and maintenance of the SANITARY CONNECTION, SHARED USE PATH, WATER MAIN LINING and I-90 DRAINAGE WORK (collectively, "VILLAGE WORK"); WHEREAS, the PARTIES agree there is no cost to the VILLAGE for design engineering, construction and construction engineering of the VILLAGE WORK as part of this AGREEMENT. WHEREAS, the ILLINOIS TOLLWAY, by virtue of its powers as set forth in the Toll Highway Act, 605 ILCS 10/1, et seq., is authorized to enter into this AGREEMENT; WHEREAS, the VILLAGE, by virtue of its powers as set forth in the Illinois Municipal Code, 65 ILCS 5/1-1-1, et seq., is authorized to enter into this AGREEMENT; and WHEREAS, a cooperative intergovernmental agreement is appropriate, and such an agreement is authorized by Article VII, Section 10 of the Illinois Constitution and the Intergovernmental Cooperation Act, 5 ILCS 220/1, et seq., NOW, THEREFORE, in consideration of the foregoing Recitals and the mutual covenants herein, the PARTIES agree as follows: I. ENGINEERING 0 A. The ILLINOIS TOLLWAY agrees to perform preliminary and final design engineering and obtain necessary surveys for the VILLAGE WORK and prepare final plans and specifications for the VILLAGE WORK ("VILLAGE WORK PLANS"). B. The ILLINOIS TOLLWAY shall provide an electronic copy of the VILLAGE WORK PLANS to the VILLAGE. C. The VILLAGE shall review the VILLAGE WORK PLANS within fifteen (15) calendar days of receipt thereof. In the event the VILLAGE disapproves of the VILLAGE WORK PLANS, the VILLAGE shall detail in writing its objections to the ILLINOIS TOLLWAY for review and consideration. If the ILLINOIS TOLLWAY does not receive a written response from the VILLAGE within this time period, the lack of response shall be deemed approval of the VILLAGE WORK PLANS by the VILLAGE. D. Any dispute concerning the VILLAGE WORK PLANS shall be resolved in accordance with Article VIII.0 of this AGREEMENT. E. The ILLINOIS TOLLWAY agrees to assume the overall VILLAGE WORK responsibility, including ensuring that all permits and approvals (including but not limited to U.S. Army Corps of Engineers, Illinois Department of Natural Resources, Metropolitan Water Reclamation District of Greater Chicago, Department of Environmental Concerns and Division of Highways, Illinois Environmental Protection Agency, etc.) and joint participation and/or force account agreements (County, Township, Municipal, Railroad, Utility, etc.), as may be required, are secured for the VILLAGE WORK. The PARTIES agree to cooperate, insofar as their individual jurisdictional authorities allow, with the timely acquisition and clearance of said permits and approvals and comply with all applicable federal, state, and local regulations and requirements for the VILLAGE WORK. II. RIGHT OF WAY A. In conjunction with the VILLAGE WORK, the VILLAGE shall, upon full execution of this AGREEMENT, grant and consent to any and all permits, rights of access (ingress and egress), temporary use of its property and right-of-way to the ILLINOIS TOLLWAY, at no cost to the ILLINOIS TOLLWAY, for the purpose of the VILLAGE WORK. B. After COOK COUNTY completes the TOUHY AVENUE IMPROVEMENTS, the ILLINOIS TOLLWAY agrees to transfer NW-7A-12-10LEX3 to the VILLAGE, subject to the ILLINOIS TOLLWAY's Excess Property Policy. C. The ILLINOIS TOLLWAY acknowledges the VILLAGE's interest in acquiring right-of- way located west of Elmhurst Road. The ILLINOIS TOLLWAY does not have the jurisdiction or authority to convey or vacate this right-of-way, but it does not object to any action IDOT may take, in its sole discretion, to convey or vacate such property. III. UTILITIES A. The ILLINOIS TOLLWAY is responsible for utility coordination and relocation, as necessary, for the SANITARY CONNECTION, WATER MAIN LINING and I-90 DRAINAGE WORK, including identifying utility adjustments and making all reasonable efforts to minimize the number of utility adjustments in the design of improvements. B. The responsibilities for utility coordination and relocation required for the SHARED USE PATH are defined in the COUNTY IGA. C. At all locations where utilities are located on the VILLAGE's right-of-way and must be adjusted or relocated due to the SANITARY CONNECTION, WATER MAIN LINING and I-90 DRAINAGE WORK, the VILLAGE agrees to cooperate with the ILLINOIS TOLLWAY in making arrangements with the applicable utility and agrees to issue all permits for the requisite adjustment(s) at no cost to the ILLINOIS TOLLWAY. IV. CONSTRUCTION A. The ILLINOIS TOLLWAY shall advertise and receive bids, provide construction engineering inspections and cause the VILLAGE WORK to be constructed in accordance with the VILLAGE WORK PLANS. B. The ILLINOIS TOLLWAY agrees to use its best efforts to complete the I-90 DRAINAGE WORK as soon as possible upon execution of this AGREEMENT. C. After award of the construction contracts, the ILLINOIS TOLLWAY shall submit any proposed deviation from the VILLAGE WORK PLANS that impact the VILLAGE to the VILLAGE for its approval prior to commencing work on such proposed deviation. If the VILLAGE does not accept the proposed deviation to the VILLAGE WORK PLANS, the VILLAGE shall detail in writing its specific objections. If the ILLINOIS TOLLWAY does not receive a written response from the VILLAGE within fifteen (15) calendar days after delivery to the VILLAGE of the proposed deviation, the proposed deviation shall be deemed approved by the VILLAGE. D. The VILLAGE and its authorized agents shall have all reasonable rights of inspection (including pre -final and final inspection) while the ILLINOIS TOLLWAY is performing the VILLAGE WORK. The VILLAGE shall assign personnel to perform inspections on behalf of the VILLAGE and shall deliver written notice to the ILLINOIS TOLLWAY's Chief Engineering Officer, in accordance with Article VIII.I, advising the ILLINOIS TOLLWAY as to the identity of the individual(s) assigned to perform said inspections. E. The ILLINOIS TOLLWAY shall notify the VILLAGE upon completion of 70% and 100% of the VILLAGE WORK, and the VILLAGE shall inspect the VILLAGE WORK not later than fourteen (14) calendar days after receiving said notice. If the VILLAGE does not perform a final inspection within fourteen (14) calendar days after receiving notice of 100% completion of the VILLAGE WORK and the PARTIES do not agree to any other inspection arrangements, the VILLAGE WORK shall be deemed accepted by the 11 VILLAGE. At the request of the VILLAGE, the ILLINOIS TOLLWAY's representative shall attend inspection(s). In the event said inspections disclose work that does not conform to the approved final plans and specifications, the VILLAGE's representative shall give immediate verbal notice to the ILLINOIS TOLLWAY's representative of any deficiency and shall thereafter deliver, within five (5) calendar days, a written list identifying such deficiencies to the ILLINOIS TOLLWAY's Chief Engineering Officer. Deficiencies thus identified shall be subject to joint re -inspection upon completion of any necessary corrective work. The PARTIES shall perform such joint re -inspections within seven (7) calendar days after receiving notice from the ILLINOIS TOLLWAY that the deficiencies have been remedied. F. The ILLINOIS TOLLWAY shall have the right, in its sole judgment and discretion, to cancel or alter any or all portions of the work due to circumstances either known or unknown at the time of bidding or arising after entering into contract(s), in accordance with Section 109.06 Canceled Items Provision of the most current edition of the ILLINOIS TOLLWAY Supplemental Specifications to the Illinois Department of Transportation Standard Specifications for Road and Bridge Construction. Notwithstanding the foregoing, the ILLINOIS TOLLWAY shall perform the VILLAGE WORK as identified in this AGREEMENT. V. MAINTENANCE — DEFINITIONS For purposes of this AGREEMENT: A. "Maintenance" or "maintain" mean to keep the facility being maintained in good and sufficient repair and appearance. Such maintenance includes full responsibility for the construction, removal and replacement of the maintained facility when needed and, unless specifically excluded in Article VI, other activities as more specifically set forth in the following subparts of this Article V, including but not limited to: 1. "Routine maintenance" refers to day-to-day pavement maintenance, pothole repair, anti -icing and de-icing, snow removal, sweeping, pavement marking, mowing, litter and debris removal and grate and scupper cleaning and repair, including compliance with state laws and local ordinances. 2. "Emergency maintenance" refers to any maintenance activity that must be performed immediately in order to avoid or to repair a condition on the roadway or right-of-way that causes or threatens imminent danger or destruction to (i) roadway facilities or right- of-way of the PARTIES or (ii) the public, including but not limited to accident restoration, chemical or biological removal or remediation; or response to acts of God or terrorism. 3. "Structural maintenance" refers to the integrity of the grade separation structure, including abutments, bridge deck beams, bridge deck (except wearing surface), expansion joints, parapet walls and drainage structures. 5 4. "Lighting maintenance" refers to all aspects of installation, repair, replacement and operation of roadway lighting, including power, but shall not include temporary lighting relating to construction or repair projects. B. "Drainage facilities" refer to both open and enclosed systems. "Drainage structures" refer to enclosed systems only and include those elements of the drainage facility affixed to the bridge superstructures downstream from the scupper. C. "Grade separation structure" refers to all structural elements between the abutments and below the wearing surface of a bridge carrying one roadway over another, unless otherwise specified. D. "Notify, " "give notice" and "notification" refer to written, verbal or digital communication from one PARTY to the other PARTY concerning a matter covered by this AGREEMENT. The PARTY transmitting the communication shall create and retain a record that substantiates the content, date, time, manner of communication, identification of sender and recipient and manner in which the recipient may respond to the sender. E. "Be responsible for" or "responsibility" refer to the obligation to ensure performance of a duty or provision of a service under this AGREEMENT, provided that a PARTY may arrange for actual performance of the duty or provision of the service by another competent entity if the other PARTY to this AGREEMENT is notified of such arrangement. Under no circumstances shall the PARTY with the duty or responsibility for the service be relieved of ultimate responsibility for performance of the duty or provision of the service. F. "Consultation" or "consult with" refer to the duty of a PARTY to give notice to the other PARTY of a proposed action, with reasonable time for that PARTY to respond. The PARTY with the duty to consult may proceed with the proposed action if the other PARTY does not respond within the time period set forth in the notice or, in the case of the ILLINOIS TOLLWAY, the ILLINOIS TOLLWAY may proceed with the proposed action if deemed necessary by the ILLINOIS TOLLWAY's Chief Engineering Officer. G. "Approve" refers to the duty of a PARTY not only to consult with the other PARTY but also to provide consent for the proposed action when appropriate and to retain a record that documents such consent. VI. MAINTENANCE — RESPONSIBILITIES A. The ILLINOIS TOLLWAY shall retain jurisdiction of and continue to maintain I-90, inclusive of the I-90 DRAINAGE WORK, and I-490, in its entirety. B. The VILLAGE shall retain jurisdiction of and continue to maintain the VILLAGE's sanitary sewer system, inclusive of the SANITARY CONNECTION and WATER MAIN LINING, and by separate agreement, the SHARED USE PATH, in its entirety. IN VII. ADDITIONAL MAINTENANCE PROVISIONS A. During construction, the VILLAGE shall continue to maintain all portions of the VILLAGE sanitary sewer system, sidewalks or shared use paths, VILLAGE water main system within VILLAGE right-of-way that are not to be improved or maintained by the ILLINOIS TOLLWAY's construction contractor(s) pursuant to the approved plans and specifications, and the ILLINOIS TOLLWAY shall continue to maintain all portions of I- 490 that are not required to be maintained by their construction contractor(s). B. All items which are stipulated in this AGREEMENT to be maintained by the VILLAGE shall, upon completion of construction and final inspection, be the sole maintenance responsibility of the VILLAGE. All items which are stipulated in this AGREEMENT to be maintained by the ILLINOIS TOLLWAY shall, upon completion of construction, be the sole maintenance responsibility of the ILLINOIS TOLLWAY. VIII. GENERAL PROVISIONS A. Wherever in this AGREEMENT approval or review by either of the PARTIES is provided for, said approval or review shall not be unreasonably delayed or withheld. B. In a timely manner following execution of this AGREEMENT, each PARTY shall designate in writing a representative who shall serve as the full time representative of said PARTY during the performance of this AGREEMENT. Each representative shall have authority, on behalf of such PARTY, to make decisions relating to the work covered by this AGREEMENT. Representatives may be changed, from time to time, by subsequent written notice. Each representative shall be readily available to the other PARTY. C. In the event of a dispute between the PARTIES regarding the VILLAGE WORK, and/or in the carrying out of the terms of this AGREEMENT, the ILLINOIS TOLLWAY's Chief Engineering Officer and the VILLAGE's Village Manager shall meet to resolve the issue. If the Chief Engineering Officer and the Village Manager cannot agree on the resolution of the dispute, the Executive Director of the ILLINOIS TOLLWAY and the Mayor of the VILLAGE will meet to resolve the issue. D. This AGREEMENT may be executed using electronic signatures and in two (2) or more counterparts, each of which shall be deemed an original and all of which shall be deemed one and the same instrument. E. This AGREEMENT may be modified only by written instrument executed by duly authorized representatives of the PARTIES and the Illinois Attorney General. F. This AGREEMENT shall be binding upon and inure to the benefit of the PARTIES and their respective successors and approved assigns. No PARTY may assign, transfer, sell, grant, convey, deed, cede or otherwise give over, in any manner or form, any of its duties, obligations and/or responsibilities as set forth in this AGREEMENT without first obtaining 7 the express written consent and permission of the other PARTY and the Illinois Attorney General, except as otherwise provided in this AGREEMENT. G. The failure by either PARTY to seek redress for violation of, or to insist upon strict performance of, any condition, covenant or provision of this AGREEMENT shall not constitute a waiver of any breach or subsequent breach of such conditions, covenants or provisions. No provision of this AGREEMENT shall be deemed waived unless such provision is waived in writing by the PARTY charged with waiver. H. This AGREEMENT shall be governed and construed in accordance with the laws of the State of Illinois, without regard to conflict of law principles. In the event of a dispute regarding this AGREEMENT, venue and jurisdiction shall lie exclusively in the Circuit Court of DuPage County, Illinois and/or the United States District Court for the Northern District of Illinois, Eastern Division. I. All written reports, notices and other communications related to this AGREEMENT shall be in writing and shall be personally delivered, or mailed via certified mail, overnight mail delivery or electronic mail delivery, to the following persons, or their designees, at the following addresses: To the ILLINOIS TOLLWAY: The Illinois State Toll Highway Authority 2700 Ogden Avenue Downers Grove, Illinois 60515 Attn: Chief Engineering Officer rnnashif@getipass.com To the VILLAGE: The Village of Elk Grove Village 901 Wellington Avenue Elk Grove Village, Illinois 60007 Attn: Village Manager mroan a.elkirove.or; J. The PARTIES shall maintain books and records related to this AGREEMENT for a minimum of five (5) years from the last action taken pursuant to this AGREEMENT, including documents sufficient to verify the amounts, and recipients of all funds disbursed in conjunction with or pursuant to the terms of this AGREEMENT. The PARTIES further agree to cooperate fully with any audit and to make their books and records, and books and records within their custody or control, available to the Illinois Attorney General, the Illinois Auditor General, the Illinois Tollway Inspector General ("IG"), VILLAGE auditors, State of Illinois internal auditors, the ILLINOIS TOLLWAY's Department of Internal Audit, the ILLINOIS TOLLWAY or any other governmental entity with monitoring authority, upon reasonable notice and during normal business hours. K. The VILLAGE recognizes that, pursuant to Section 8.5 of the Toll Highway Act, 605 ILCS 10/8.5, the IG is authorized to conduct investigations into certain matters, including but not limited to allegations of fraud, waste and abuse. The VILLAGE will fully cooperate in any IG investigation and shall not bill the ILLINOIS TOLLWAY for such time. Cooperation includes, unless prohibited by law, (i) providing access to all information and documentation related to the performance of this AGREEMENT, and (ii) disclosing and making available all personnel involved in, connected with or having knowledge of, the performance of this AGREEMENT. L. All matters set forth in the Recitals are agreed to, and the PARTIES understand the Recitals are part of this AGREEMENT. SIGNATURE PAGE TO FOLLOW Z IN WITNESS THEREOF, the PARTIES have executed this AGREEMENT on the dates indicated below. THE VILLAGE OF ELK GROVE VILLAGE Craig B. Johnson Mayor Date: Attest: Date: THE ILLINOIS STATE TOLL HIGHWAY AUTHORITY IIn Arnaldo Rivera Chairman/CEO Date: Approved as to Form and Constitutionality Assistant Attorney General IGA_Tollway-Elk Grove Village_EOWA Responsibilities —For Signature_01,23.2025 10 RESOLUTION NO. A RESOLUTION AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF DES PLAINES AND THE VILLAGE OF ELK GROVE VILLAGE (I-490 SANITARY CONNECTION) NOW, THEREFORE, BE IT RESOLVED by the Mayor and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and DuPage, State of Illinois as follows: Section 1: That the Mayor be and is hereby authorized to sign the attached document marked: INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF DES PLAINES AND THE VILLAGE OF ELK GROVE VILLAGE a copy of which is attached hereto and made a part hereof as if fully set forth and the Village Clerk is authorized to attest said document upon the signature of the Mayor. Section 2: That this Resolution shall be in full force and effect from and after its passage and approval according to law. VOTE: AYES: NAYS: ABSENT: PASSED this day of 2025 APPROVED this day of 2025 APPROVED: Mayor Craig B. Johnson Village of Elk Grove Village ATTEST: Loretta M. Murphy, Village Clerk INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF DES PLAINES AND THE VILLAGE OF ELK GROVE VILLAGE This INTERGOVERNMENTAL AGREEMENT ("AGREEMENT") is entered into by and between the CITY OF DES PLAINES, a municipal corporation of the State of Illinois, "CITY", and the VILLAGE OF ELK GROVE VILLAGE, a municipal corporation of the State of Illinois, "VILLAGE", individually referred to as "PARTY", and collectively referred to as "PARTIES". WITNESSETH: WHEREAS, in order to promote the public welfare and facilitate vehicular traffic by providing convenient, safe, modem and limited access highways within and through the State of Illinois, the Illinois State Toll Highway Authority (Illinois Tollway) intends to construct the 1-490 Toll Highway connecting the Jane Addams Memorial Tollway (1-90) with the Tri-State Tollway (I-294) along the west side of O'Hare International Airport as part of the ILLINOIS TOLLWAY's Elgin O'Hare Western Access (EOWA) project. The EOWA project improvements are contemplated in, but not limited to, Construction Contract 1-21-4746, Advance Touhy Avenue Roadway and Drainage Improvements, which includes the construction of an 8-inch sanitary sewer along Touhy Avenue from I- 490 to Old Higgins Road, a 4-inch sanitary forcemain along Old Higgins Road from Touhy Avenue to Carmen Drive and an associated lift station to be owned and maintained by the CITY ("CITY FACILITIES"), as depicted on EXHIBIT 1; WHEREAS, the CITY FACILITIES will discharge sanitary flow to the existing VILLAGE sanitary sewer system via a connection along Old Higgins Road and Carmen Drive ("CITY TO VILLAGE SANITARY CONNECTION"), as depicted on EXHIBIT 1; WHEREAS, the CITY FACILITIES provide sanitary service to four (4) properties (320 W. Touhy Avenue, 401-#1 and #2 West Touhy Avenue, 409-419 W. Touhy Avenue and 423 W. Touhy Avenue) which are within or adjacent to the CITY limits along Touhy Avenue between Old Higgins Road and the 1-490 toll road ("PROPERTIES"), as depicted on EXHIBIT 1, and the administration of said sanitary service to the PROPERTIES is provided by the CITY; WHEREAS, the CITY and VILLAGE are party to separate intergovernmental agreements with the ILLINOIS TOLLWAY in regard to design, engineering, right of way acquisition, utility relocation, construction, funding and maintenance for the EOWA project improvements; WHEREAS, PARTIES by this instrument desire to establish their respective responsibilities relative the CITY TO VILLAGE SANITARY CONNECTION; WHEREAS, the CITY, by virtue of its powers as set forth in the Illinois Municipal Code, 65 ILCS 511-1-1, et seq., is authorized to enter into this AGREEMENT; WHEREAS, the VILLAGE, by virtue of its powers as set forth in the Illinois Municipal Code, 65 ILCS 511-1-1, et seq., is authorized to enter into this AGREEMENT; and WHEREAS, a cooperative intergovernmental agreement is appropriate, and such an agreement is authorized by Article VII, Section 10 of the Illinois Constitution, and the Intergovernmental Cooperation Act, 5 ILCS 220/1, et seq., NOW, THEREFORE, in consideration of the aforementioned recitals and the mutual covenants contained herein, the PARTIES agree as follows: I. RECITALS A. The PARTIES hereto agree that the recitals included above are incorporated into and made a part of this AGREEMENT. II. UTILITIES A. The VILLAGE shall accept additional sanitary flow discharge to its system from the CITY FACILITIES at the CITY TO VILLAGE SANITARY CONNECTION for purposes of the VILLAGE providing sanitary services to the PROPERTIES. B. The PARTIES agree that the CITY FACILITIES are compatible with the VILLAGE sanitary sewer system. Should there be any changes to the PROPERTIES, the PARTIES agree the sanitary sewer forcemain would continue to be limited to the maximum of 4-inches in diameter and the sanitary lift station pump capacity and discharge rate shall remain unchanged unless otherwise approved by the VILLAGE. C. The CITY shall notify the VILLAGE of any redevelopment plans and/or future changes to the PROPERTIES that may impact the sanitary service or usage of the CITY FACILITIES, and the VILLAGE review and approval of any such changes to the sanitary discharge shall be obtained in advance of such changes being approved by the CITY. D. The sanitary discharge rate and chemical composition of discharge is limited by the requirements of Section II.B and II.0 above, and any redevelopment of the PROPERTIES that includes change to the sanitary service or usage shall require VILLAGE review and approval. III. FINANCIAL A. The PARTIES shall incur no cost for the work associated with the construction of the CITY FACILITIES and the CITY TO VILLAGE SANITARY CONNECTION. Such initial construction costs are borne by the Illinois Tollway. 2 B. The VILLAGE shall accept in perpetuity the sanitary discharge through the CITY TO VILLAGE SANITARY CONNECTION, as limited by Sections 11.13, II.0 and II. D above at no expense to the CITY. C. For any future changes to the PROPERTIES that would require both CITY and VILLAGE approval, as referenced in Sections II. B, II. C and II. D above, and which would change either the sanitary discharge composition or discharge rate above the currently permitted levels, the CITY shall be responsible for the additional costs associated with any additional sewage flows from the PROPERTIES that affect the sanitary services to the PROPERTIES, and shall reimburse the VILLAGE, at the then current actual unincorporated rates per VILLAGE Code. IV. MAINTENANCE - RESPONSIBILITIES A. The VILLAGE shall continue to maintain all portions of the VILLAGE sanitary system, including the existing manhole at the CITY TO VILLAGE SANITARY CONNECTION. B. The CITY shall own and maintain the CITY FACILITIES, inclusive of the 8- inch sanitary sewer along Touhy Avenue from 1-490 to Old Higgins Road, the sanitary lift station at Touhy Avenue and Old Higgins Road, and the 4-inch sanitary forcemain along Old Higgins Road from Touhy Avenue to Carmen Drive and the associated lift station, as depicted on EXHIBIT 1. C. The PARTIES agree that maintenance as described herein means keeping the facility in a good repair and in operable condition. The PARTIES agree to allow mutual rights to inspect and verify conditions as it affects their respective sanitary systems with requested approval. V. GENERAL PROVISIONS A. This AGREEMENT constitutes the complete and exclusive statement of the PARTIES' agreements relative to the subject matter herein and supersedes all previous oral and written proposals, negotiations, representations, or understandings concerning such subject matter. B. In a timely manner following execution of this AGREEMENT, each PARTY shall designate in writing a representative who shall serve as the full-time representative of said PARTY during the term of this AGREEMENT. Each representative shall have authority, on behalf of such PARTY, to make decisions relating to the work covered by this AGREEMENT. Representatives may be changed, from time to time, by subsequent written notice. Each representative shall be readily available to the other PARTY. C. In the event of a dispute between the PARTIES in the carrying out of the terms of this AGREEMENT, the CITY Manager of the CITY and the Village Manager of the VILLAGE, or their authorized designates, shall meet, and resolve the issue. In the event that they cannot mutually agree on the resolution of a dispute concerning carrying out of the terms of this AGREEMENT, the PARTIES agree to resolve the issue in a manner that is acceptable to all PARTIES, including, but not limited to formal arbitration or the appointment of a neutral individual arbitrator mutually acceptable to the PARTIES. D. This AGREEMENT may be executed using electronic signatures and in two (2) or more counterparts, each of which shall be deemed an original and all of which shall be deemed one and the same instrument. SIGNATURE PAGES TO FOLLOW 4 IN WITNESS THEREOF, the PARTIES have executed this AGREEMENT on the dates indicated. THE VILLAGE OF ELK GROVE VILLAGE Attest: Craig B. Johnson Mayor Date: (Please Print Name) THE CITY OF DES PLAINES r ? �r � `'F .X� drew Goczkowski Mayor �rl � (+lf�l� •' r�.���7j2� Date: G Attest: J ssi M. Mastalski Ci Clerk RESOLUTION NO. A RESOLUTION AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT FOR THE VILLAGE OF ELK GROVE VILLAGE TO ENTER INTO A MUTUAL AID AGREEMENT WITH THE ILLINOIS PUBLIC WORKS MUTUAL AID NETWORK (IPWMAN) WHEREAS, the Constitution of the State of Illinois, 1970, Article VII, Section 10, authorizes units of local government to contract or otherwise associate among themselves in any manner not prohibited by law or ordinance; and WHEREAS, the "Intergovernmental Cooperation Act", 5 ILCS 220/1 et seq., provides that any power or powers, privileges or authority exercised or which may be exercised by a unit of local government may be exercised and enjoyed jointly with any other unit of local government; and WHEREAS, Section 5 of the "Intergovernmental Cooperation Act", 5 ILCS 220/5, provides that any one or more public agencies may contract with any one or more public agencies to perform any governmental service, activity or undertaking which any of the public agencies entering into the contract is authorized by law to perform, provided that such contract shall be authorized by the governing body of each party to the contract; and WHEREAS, the Mayor and Board of Trustees of the Village of Elk Grove Village have determined that it is in the best interests of the Village to enter into an intergovernmental agreement to secure to each the benefits of mutual aid in public works and the protection of life and property from an emergency or disaster and to provide for public works assistance, training and other necessary functions to further the response and recovery from said emergency or disaster. The principal objective of the public works mutual aid assistance being the response to and recovery from any emergency or disaster and the return of the community to as near normal as quickly as possible. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and DuPage, State of Illinois as follows: Section 1: That the Mayor be and is hereby authorized to sign the attached document marked: Illinois Public Works Mutual Aid Network Agreement a copy of which is attached hereto and made a part hereof as if fully set forth and the Village Clerk is authorized to attest said document upon the signature of the Mayor. Section 2: That this Resolution shall be in full force and effect from and after its passage and approval according to law. VOTE: AYES: NAYS: ABSENT: PASSED this day of 2025 APPROVED this day of APPROVED: Mayor Craig B. Johnson Village of Elk Grove Village ATTEST: Loretta M. Murphy, Village Clerk 2025