1998-06% I . . . 0
RESOLUTION 98 -06
A RESOLUTION CONCERNING THE METROPOLITAN WATER
RECLAMATION DISTRICT OF GREATER CHICAGO ( MWRDGC)
FACILITY PLANNING AREA BOUNDARY AMENDMENT
NIPC WATER QUALITY REVIEW #97 -WQ 097
WHEREAS, the Village of Buffalo Grove in its 40 year history has attempted
through comprehensive planning to provide for the best and most compatible land use
within its Comprehensive Planning area; and
WHEREAS, the Village of Buffalo Grove has supported its planning policies
through the creation of service agreements and intergovernmental agreements which are
intended to provide cost efficient utility services and coordinated planning; and
WHEREAS, the Village of Buffalo Grove has urged the Metropolitan Water
Reclamation District of Greater Chicago not to pursue an FPA Boundary Amendment
allowing instead the Village of Wheeling and the Village of Buffalo Grove to work
cooperatively to resolve outstanding planning and intergovernmental issues within the
framework of existing jurisdictional regulations; and
WHEREAS, notwithstanding the pleas and efforts of the Village of Buffalo
Grove, the MWRDGC has pursued a Facility Planning Area Boundary Amendment
through Application 97 -WQ -097, hearing planned before the Water Resources
Committee of NIPC on February 5, 1998.
NOW, THEREFORE, BE RESOLVED BY THE VILLAGE PRESIDENT AND
BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND
LAKE COUNTIES, ILLINOIS that:
1. The position of the Village of Buffalo Grove is contained in Attachment A
and represents the objections and comments on the deficiencies of the
proposed application.
2. The Village of Buffalo Grove asks the Water Resources Committee to
recommend a DEFERRAL of any action by the MWRDGC on the FPA
Boundary Amendment 97 -WQ 097 for a period of 180 days to allow the
Village of Buffalo Grove and the Village of Wheeling to resolve
outstanding planning issues surrounding this property. Should the
Committee not grant a deferral, then the Village of Buffalo Grove urges the
Water Resources Committee to DENY the request.
3. The Village of Buffalo Grove urges the NIPC Water Resources Committee
to recommend that the MWRDGC focus its efforts on cost efficient
services for sanitary sewer treatment within its taxable area and not pursue
ventures to extract fee based income outside of its jurisdictional limits.
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AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Glover
NAYS: 0
ABSENT: 0
PASSED: January 19, 1998 APPROVED: January 19, 1998
APPROVED:
Sidney . Mathias, Village President
ATTEST:
Village Clerk
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Attachment A
BUFFALO GROVE RESPONSE TO THE METROPOLITAN WATER
RECLAMATION DISTRICT OF GREATER CHICAGO
FACILITY AREA BOUNDARY AMENDMENT
NIPC WATER QUALITY REVIEW #97- WQ-097
FOR APPROXIMATELY 20 ACRES OF PROPERTY LOCATED WITHIN
THE VILLAGE OF WHEELING, NORTH OF LAI(E COOK RD. AND EAST
OF WEILAND RD. IN VERNON TOWNSHIP, IL.
The Village of Buffalo Grove takes strong exception to the request of the Metropolitan
Water Reclamation District of Greater Chicago ( MWRDGC) to amend the Facility
Planning Area (FPA) boundary for approximately 20 acres of land located in the Village
of Wheeling, but adjacent on 3 sides to Buffalo Grove residential neighborhoods. Our
strong objection is supported in the paper, but is based on two simple principles:
1. There is no need to amend the FPA boundary since the lowest cost
sanitary sewer service is available with existing utilities including adequate
sewage treatment capacities, through the Village of Buffalo Grove and the
Lake County Department of Public Worlcs. Such service has been
available since 1975.
2. Left to our own devices, the Village of Buffalo Grove and the Village of
Wheeling can work out all outstanding issues related to development of
this property through intergovernmental agreement, as evidenced by a
successful comprehensive agreement recently executed by the Village of
Wheeling and the Village of Buffalo Grove in December, 1997 for property
located 400 yds. west of the subject parcel. Said agreement included issues
related to utilities, sanitary sewer service, site planning, site aesthetics,
signage, revenue sharing and included a disconnection of real estate from
the Village of Wheeling and subsequent annexation to the Village of
Buffalo Grove. The 1997 agreement was successfully completed without
the interference of the MWRDGC and required no FPA boundary
amendment.
Please permit the Village of Buffalo Grove to support its arguments, first by reciting a
brief history of the parcel in question, and then commenting on the proposed
amendment.
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HISTORY
In 1991, the Village of Wheeling, over the strenuous objections of the Village of Buffalo
Grove, annexed a small portion of land approximately at the intersection of Lake Cook
Rd. and Weiland Rd. in Vernon Township. Buffalo Grove argued at the time that
Wheeling did not have the ability to provide sanitary sewer service and the site in
question was fully within the sphere of influence contract service area for the Village of
Buffalo Grove and could be readily serviced by Buffalo Grove from adjacent sanitary
sewers. In fact, the Village of Buffalo Grove tried unsuccessfully to annex the property
as well. In 1991, the Village of Wheeling approached the Metropolitan Water
Reclamation District and requested that approximately 1 acre of the property in Lake
County (though located south of Lake Cook Rd.) be served by the MWRDGC for a
Mobil Oil Station. While the MWRDGC granted that service area, they pointed out
in the minutes of their Board Meeting of March 21, 1991 that they felt the 1985 policy
of the MWRDGC to disallow connections outside of Cook County should govern and
that only "unique" circumstances would cause consideration of extraterritorial
extensions.
Wheeling then approached the Northeastern Illinois Planning Commission in 1991 and
sought and received an FPA boundary change for the 1 acre of property, again over the
objection of Buffalo Grove. At that time, the Commission felt that the impact of 1 acre
was diminimus to the MWRDGC system, but indicated at that time that they would
review planning criteria associated with the larger 20 acre parcel located north of Lake
Cook Rd. and bounded on three sides by Buffalo Grove residential neighborhoods.
In 1996, without notice to Buffalo Grove, the Village of Wheeling approached the
MWRDGC and requested extraterritorial service for the approximate 20 acres of land
located north of Lake Cook Rd. for use as a shopping center. Buffalo Grove learned of
this request in 1997 and objected to the MWRDGC, pointing to their own 1985 policy
and the fact that there was no need for the MWRDGC to provide sanitary sewer service
because Buffalo Grove is ready, willing and able to provide service to the Village of
Wheeling for this property. Notwithstanding our objections, the MWRDGC voted in
September of 1997 to expel its 1985 policy and proceeded to execute a contract sanitary
sewer service for this portion of Lake County. The agreement, incidentally, carrying a
$150,000 one time fee payable to the District and requiring sewer users within the
contract area to pay 140% of the MWRDGC tax equivalent annually for the right to
their sanitary sewer service.
The MWRDGC has approached NIPC in this instance indicating that this is a utility
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issue, yet planning, land use and intergovernmental cooperation are critical issues in this
instance as well. Buffalo Grove has recently completed, in December, 1997, a
comprehensive intergovernmental agreement with the Village of Wheeling for the
development of a service station located approximately 400 yards west of the subject
property and believes that the terms and conditions of those agreements should serve
as the model for planning cooperatively for the property north of Lake Cook Rd. Buffalo
Grove believes, left to our own devices, that the Village of Buffalo Grove and the Village
of Wheeling can cooperatively plan the property north of Lake Cook Rd., as we did for
the property, south of Lake Cook Rd. in December of 1997.
As planners, the NIPC Commissioners can appreciate the encroachment of the suggested
planning for a large scale commercial development immediately bounded by three
established Buffalo Grove residential neighborhoods, and I am sure you can understand
why Buffalo Grove is concerned for the future development of this property. Likewise,
as one of the parties responsible for major Lake County sewer investments, you can
appreciate our village's desire to provide full service to the certified FPA boundary areas
which presently exist.
DEFICIENCIES IN THE DECEMBER 23, 1997 MWRDGC FACILITY
PLANNING AREA BOUNDARY AMENDMENT APPLICATION
1. Section C, 1 - "Provide a summary of and the need for the requested
amendment." Paragraphs 3, 5 and 6 incorrectly represent Buffalo Grove's position.
Buffalo Grove is not a party of the annexation between the Village of Wheeling and the
land owners and cannot violate, nor does it intend to have the Village of Wheeling
violate its contractual commitment. Rather, the Village of Buffalo Grove has presented
clearly to the Village of Wheeling an option to provide sanitary service most
economically through the Village of Buffalo Grove. In paragraph 5, it is clear that the
actions the Village of Buffalo Grove demonstrated on planning, aesthetic and economic
issues related to intergovernmental cooperation as evidenced by our 1997
intergovernmental agreement with Wheeling on property nearby more accurately reflects
our intentions. We have been open minded and innovative in our actions on how to
best service this property with sewer. Paragraph 6 incorrectly states that the only viable
service is through the MWRDGC when, in fact, the Village of Buffalo Grove can, and
is prepared to service the property. This is information known to the leadership of the
MWRDGC through direct personal contacts made by the Village President and Village
Manager of Buffalo Grove with the President of the MWRDGC and various
Commissioners in August and September of 1997.
2. Section C, 8 - The application correctly states that Alternative #2, direct
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connection to the Village of Buffalo Grove sanitary sewer is the lowest cost service of the
alternatives studied.
3. Section C, 9 - The Village of Buffalo Grove believes that mechanical pumping
otherwise required in the MWRDGC alternative will not be required from the gravity
fed sewers which lie immediately adjacent to the property in Buffalo Grove.
4. Section F - "Criteria For Facility Amendments To The Area Wide Water
Quality Management Plan for Northastern Illinois"
Criteria #4 - We believe that the proposal, if pursued will impact the ability to provide
high quality, low cost sanitary sewer treatment. The area in question was originally
planned, utilities constructed and service made available immediately adjacent to the
property line. By diverting revenues from the Lake County Department of Public Works
Treatment Facility to the MWRDGC we make the Lake County Program less revenue
efficient and the MWRD the recipient of unexpected and unplanned revenues.
Criteria #6 - The Village of Buffalo Grove as an affected municipality objects to the
FPA boundary amendment and the County of Lake, as current FPA provider objects to
the proposed actions suggested by the MWRDGC.
Criteria #7 - The proposed amendment has the potential to create a severe adverse
impact on the Village of Buffalo Grove in many levels. First is the loss of revenue
resulting from the FPA boundary amendment, both in terms of one time connection
charges and ongoing maintenance charges. There is a similar loss to the Lake County
Department of Public Works. There is also a host of undocumented planning issues
related to site planning, traffic density, buffering, lighting, aesthetics, economics, quality
of life and neighborhood compatibility issues which must be carefully examined and
could be lost without the full and complete commitment of the municipalities to work
cooperatively with each other to resolve all of these outstanding issues. Clearly, Buffalo
Grove views the stakes to be very high in this area.
Criteria #8 - Buffalo Grove has seen no justification for the representation by the
MWRDGC that "It is not practical to farm the 20 acre parcel as it is surrounded by
developed property." Throughout the 40 year development of the Village of Buffalo
Grove, we have been adjacent to productive farms which have created an ambience and
tranquility within the area. Clearly, all of NIPC's policies regarding agricultural
preservation would suggest that it in fact, can be practical to farm a 20 acre parcel and,
in fact, the owners of the land have indicated it is practical to do so for the last 20 years,
even with adjacent developed property near by.
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