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AGENDA ITEM
Regular Board of Trustees Meeting
of
April 28, 2009
SUBJECT: Approval of Declaration of Stormwater Facilities Easements, Covenants, Conditions
and Restrictions
McDonald's Re-development
2111 Midwest Road
Permit No. 09-3-048
FROM: Dale L. Durfey, Jr., P.E., Village Enginee
BUDGET SOURCE/BUDGET IMPACT: N/A
RECOMMENDED MOTION: I move that the Village Board approve the Declaration of
Stormwater Facilities Easements, Covenants, Conditions
and Restrictions for the McDonald's Midwest Road Re-
deveopment.
Background/History:
McDonald's applied to the Village to re-construct the existing restaurant at 2111 Midwest Road.
That application included a stormwater permit to bring the entire site up to current code
requirements, which includes the construction of a detention basin. This Declaration places the
responsibility of the maintenance and functionality of the stormwater facilities on the owners of
the property.
Recommendation:
I recommend that the Village Board approve the Stormwater Declaration.
Last saved by administrator I:\ENG\PLAURES\Letters\Agenda\McDonalds Midwest Road Stormwater Covenant.doc
Last printed 4/17/2009 3:10 PM
APR 1 6 tiL..
jNT
Prepared by Susanna M. Brown
OAK BROOK, ILLINOIS After Recorded,return to:Village Manager
2111 Midwest Road Village of Oak Brook
L/C: 012-0134 1200 Oak Brook Road
File#00069 Oak Brook, IL 60523
DECLARATION OF STORM WATER FACILITIES COVENANTS, CONDITIONS, AND
RESTRICTIONS
This DECLARATION, made and entered into April 15, 2009 by and between the
Village of Oak Brook, an Illinois Municipal Corporation, having its office at 1200 Oak
Brook Road, Oak Brook Illinois 60523 (hereinafter referred to as "VILLAGE") and
McDonald's USA, LLC, a Delaware limited liability company, having its office at 2111
McDonald's Drive, Oak Brook, Illinois 60523 (hereinafter referred to as "McDONALD'S").
WITNESSETH:
WHEREAS, McDONALD'S wishes to redevelop the commercial property
described in Exhibit A attached hereto and made a part hereof(hereinafter referred to as
the "PROPERTY") and has submitted to the VILLAGE site improvement plans
(hereinafter referred to as the "IMPROVEMENT PLANS"), a copy of which is marked as
Exhibit B attached hereto and made a part hereof; and said IMPROVEMENT PLANS is
a part of Permit Number 09-3-048; and
WHEREAS, the VILLAGE is willing to approve and issue said permit for said
IMPROVEMENT PLANS in consideration of the various undertakings of McDONALD'S
in connection therewith, including this Declaration.
NOW, THEREFORE, McDONALD'S hereby agrees that the following covenants,
conditions, and restrictions shall apply to the PROPERTY.
1. On Site Stormwater Facilities. McDONALD'S shall perform all
maintenance (defined as the selective removal of woody material and accumulated
debris from, or repairs to, a stormwater facility so that such facility will perform the
function for which it was designed and constructed) of all on-site stormwater facilities
(defined as all ditches, basins, culverts, piping, natural and man-made impoundments
(including detention facilities), wetlands, wetland buffers, riparian environment, tiles,
swales, sewers, or other natural or artificial structures or measures which serve as a
means of draining surface and subsurface water from the land) constructed pursuant to
the IMPROVEMENT PLANS. McDONALD'S submitted a Stormwater Management
Permit Application to the VILLAGE with the permit application. Excerpts from that
Application are stated in Exhibit C attached hereto and made a part hereof.
Document#:558734-v4
1
t 5
McDONALD'S shall perform all maintenance responsibilities and obligations contained in
said Exhibit C and will comply with the Naturalized Areas Management and Monitoring
Plan for the Project Site, (V3 Companies, January 9, 2009). However, McDONALD'S
acknowledges and agrees that the VILLAGE shall have the right, but not the obligation,
to enter onto the PROPERTY to perform such maintenance on such stormwater facilities
in the event McDONALD'S shall fail to do so within thirty (30) calendar days following
notice in writing to McDONALD'S from the VILLAGE of the need for any such
maintenance. Provided however, that in the case of any such maintenance which
cannot with diligence be completed within said 30-day period, if McDONALD'S shall
proceed promptly to commence such maintenance and thereafter prosecute the
completion with due diligence, the time within which such maintenance may be
completed shall be extended for such period(s) as may be necessary to complete the
maintenance. If McDONALD'S fails to perform such maintenance within the stated time,
as may be extended, then the VILLAGE shall have the right to make reasonable entry
onto the PROPERTY for the purpose of performing such maintenance on such
stormwater facilities, provided, however, that (a) in no case shall such entry be made
without first giving written notice to the occupants of the PROPERTY prior to entry, (b)
except for emergencies, such entry shall be made only during reasonable business
hours, (c) such right of entry shall in no instance extend to any buildings located on the
PROPERTY, and (d) will not "cone off" or block in any manner more than half of any
access drive at any time, allowing at least one lane open at all times in each access
drive for vehicular traffic.
If the VILLAGE shall provide such maintenance, then the VILLAGE shall have
the right to be reimbursed within thirty (30) calendar days of billing for all reasonable and
actual out-of-pocket costs and expenses incurred in connection therewith.
McDONALD'S acknowledges and agrees to make any such reimbursement within thirty
(30) calendar days after receipt of an itemized statement detailing all costs and
expenses. It is further agreed that in addition to the rights and remedies at law or in
equity, the VILLAGE shall have a lien on the PROPERTY to secure payment of such
amounts due to the VILLAGE for the work and the VILLAGE may enforce and foreclose
on said lien, including reasonable and actual attorneys' fees and costs, by an action filed
in the appropriate court of DuPage County.
The VILLAGE agrees that, in the event it provides such maintenance, (a) it will
exercise due care and caution so as not to unnecessarily damage or harm the
PROPERTY and any landscaping, buildings, or other improvements thereon, (b) it will
repair and/or reimburse and make whole McDONALD'S for any unreasonable damage
or harm to the PROPERTY or any landscaping, buildings, or other improvements
thereon unreasonably caused by the VILLAGE (or its agents or employees) in
connection with the exercise of any rights granted to the VILLAGE hereunder; and (c) it
will perform such maintenance in a good and workmanlike manner.
2. Notice: All notices provided for hereunder shall be personally delivered or
served by reputable overnight courier with written confirmation of delivery, or by certified
mail, return receipt requested, delivery charges or postage prepaid addressed as
follows:
Document#:558734-v4
2
To the VILLAGE at:
Village of Oak Brook
1200 Oak Brook Road
Oak Brook, Illinois 60523
Attention: Village Manager
To McDONALD'S at:
McDonald's Corporation
2111 McDonald's Drive
Oak Brook, Illinois 60523
Attention: Director, US Legal Department#091
(L/C: 012-0134)
With a copy to:
McDonald's USA, LLC
4320 Winfield Road
Suite 400
Warrenville, Illinois 60555
With a copy to:
McDonald's Restaurant
2111 Midwest Road
Oak Brook, Illinois 60523
Attention: Restaurant Manager
or to such other addresses as shall be designated by notice similarly given, Each such
notice shall be deemed served as of its postmark date or when deposited with such
overnight courier or when personally delivered.
3. Transfer of Title: The term McDONALD'S as used herein means the title
holder or holders, from time to time, of the PROPERTY or any portion thereof.
4. Benefits and Burdens. All provisions of this Declaration, including the
benefits and burdens, are hereby declared to run with the land and are binding upon and
inure to the benefit of the heirs, successors, assigns, tenants, and personal
representatives of McDONALD'S and to the successors and assigns of the VILLAGE.
5. Amendment: The provisions of this Declaration may only be amended by
an instrument executed and acknowledged by McDONALD'S and by the VILLAGE. No
such amendment shall be effective unless so executed and acknowledged by both
parties. No such amendment shall be effective unless and until the aforesaid instrument
is recorded in the Office of the Recorder of Deeds of DuPage County, Illinois.
Document#:558734-v4
3
6. Serverability: Invalidation of any provision contained in this Declaration
by judgment or court order shall in no way affect any other provision, and all other
provisions shall remain in full force and effect.
TO INDICATE THEIR CONSENT TO THIS AGREEMENT, Village and
McDonald's, or their authorized representatives or officers, have signed this document.
VILLAGE OF OAK BROOK, DuPage and Cook McD_ONALD'S USA, LLC,
Cou , Illin a,m/unit' corporation ela aotnpany
By By
ill ge President Catherine A. Griffin,`Vice Pres�d
ATTEST: ATTEST:
By By i- � ,
i ge Clerk Padraic Molloy, Senior Counsel
VA .• tiS
� A %
p$I,AW�A,RE
G 0 LIMITED
,o �► LABILITY y
COMPANY ; t
CQt/NVI • �•'••.. ..••'••
Document*558734-v4
4
ACKNOWLEDGMENT—VILLAGE OF OAK BROOK
(Attestation required)
STATE OF ILLINOIS )
) SS:
COUNTY OF DUPAGE )
I, the undersigned, a Notary Public in and for said County in the State of Illinois, do
hereby certify that John W. Craig and Charlotte K. Pruss, personally known to me to be
the same persons whose names are subscribed to the foregoing instrument, appeared
before me this day in person, and acknowledged that they signed, sealed and delivered
the said instrument as their free and voluntary act, for the uses and purposes therein set
forth.
Given under my hand and official seal thiso?_ day of A Pej ,
2009
"(OFFICIAL SP L"
Rosemary A. e / >
Notary Public,State nois O ary U IC
My Commission Exp. 9/9/2009
My commission expires: k,/0?�isC)
ACKNOWLEDGMENT— McDONALD'S
(Attestation required)
STATE OF ILLINOIS )
) SS:
COUNTY OF DUPAGE )
I, JoAnn M. Carmody, a Notary Public in and for the county and state set forth above,
CERTIFY that Catherine A. Griffin, as Vice President and Padraic Molloy as Senior
Counsel of McDONALD'S USA, LLC, a Delaware limited liability company, who are
personally known to me to be the same persons whose names are subscribed to the
foregoing instrument as such authorized parties, appeared before me this day in person
and acknowledged that they signed, sealed and delivered this instrument as their free
and voluntary act as such authorized parties and as the free and voluntary act of the
company for the uses and purposes described in this instrument.
Given under my hand and notarial seal, this 15th day of April, 2009.
MY commission expires d3
Notary Public ^^^=0 FFI �,OJOANOTARY P LINOIS MY COMMJ23/10
Document#:558734-v4
Lot 2 (except the North 50 feet) in McDonald's Resubdivision of Lots 1 and 2 in T.
Mohlman Resubdivision, a Subdivision in the East half of the Southwest quarter of
Section 22, Township 39, Range 11, East of the Third Principal Meridian, according to
the plat of said McDonald's Resubdivision recorded August 28, 1972 as Document R72-
51569, in DuPage County, Illinois.
and
The North 50 feet of Lot 2 in McDonald's Resubdivision of Lots 1 and 2 in T. Mohlman
Resubdivision, a Subdivision in the East half of the southwest quarter of Section 22,
Township 39 North, Range 11, East of the Third Principal Meridian, according to the plat
of said McDonald's Resubdivision recorded August 28, 1972 as Document R72-51569,
in DuPage County, Illinois.
and
The West 15.0 feet (as measured on the north and south lines thereof) of Lot 5 in Town
Development Company's Elmhurst Countryside Unit No. 5, a Subdivision in the South
half of Section 22, Township 39 North, Range 11, East of the Third Principal Meridian;
according to the plat thereof recorded December 5, 1945 as Document 488359 in
DuPage County, Illinois
Document#:558734-v4
EXHIBIT A
EXHIBIT B IMPROVEMENT PLANS
Engineering improvement plans and specifications for Permit Number
Said plans and specifications have been duly filed with the VILLAGE and are contained
in their official records. Said plans and specifications are identified as follows:
A. Engineering Plans:
1. Title: Final Engineering Plans for McDonald's
2. Date of Preparation: September 22, 2008
3. Last Revision Date: March 24, 2009
4. Prepared by: V3 Companies
B. Landscape Plans:
1. Title: Landscape Plan
2. Date of Preparation: September 15, 2008
3. Last Revision Date: December, 2008
4. Prepared by: Dahl Landscape Company
Sheet C4.0 and C5.0 of V3 Companies (Grading Plan) has been reduced and is
attached hereto as Exhibit B-1 and Exhibit B-2
Document#:558734-v4
EXHIBIT B
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°°!.",,.1/ISlfYP1AN EXHIBIT B-2
STORMWATER MANAGEMENT SYSTEMS
MONITORING AND MAINTENANCE PLAN
The program for monitoring and maintaining the stormwater mans ement and/or
P 9 9 9 9
stormwater conveyance facilities imposed under this plan shall include the following
operations and procedures:
1. McDONALD'S shall perform all maintenance (defined as the selective
removal of woody material and accumulated debris from, or repairs to, a stormwater
facility so that such facility will perform the function for which it was designed and
constructed) of all on-site stormwater facilities (defined as all ditches, basins, culverts,
piping, natural and manmade impoundments (including detention facilities), wetlands,
wetland buffers, riparian environment, tiles, swales, sewers, or other natural or artificial
structures or measures which serve as a means of draining surface and subsurface
water from land) constructed pursuant to the IMPROVEMENT PLANS. McDONALD'S
shall perform all maintenance responsibilities and obligations contained herein and will
comply with the Naturalized Areas Management and Monitoring Plan for the Project Site,
(V3 Companies, January 9, 2009). However, McDONALD'S acknowledges and agrees
that the VILLAGE shall have the right, but not the obligation, to enter onto the
PROPERTY to perform such maintenance on such stormwater facilities in the event
McDONALD'S shall fail to do so within thirty (30) calendar days following notice in
writing to McDONALD'S from the VILLAGE of the need for any such maintenance.
Provided however, that in the case of any such maintenance which cannot with diligence
be completed within said 30-day period, if McDONALD'S shall proceed promptly to
commence such maintenance and thereafter prosecute the completion with due
diligence, the time within which such maintenance may be completed shall be extended
for such period(s) as may be necessary to complete the maintenance. If McDONALD'S
fails to perform such maintenance within the stated time, as may be extended, then the
VILLAGE shall have the right, but not the obligation, to make reasonable entry onto.the
PROPERTY for the purpose of performing such maintenance on such stormwater
facilities provided, however, that (a) in no case shall such entry be made without first
giving written notice to McDONALD'S and the occupants of the PROPERTY prior to
entry; (b) except for emergencies, such entry shall be made only during reasonable
business hours (but in no event during the hours of 6:00 a.m. to 2:00 p.m.); and (c) such
right of entry shall in no instance extend to any buildings located on the PROPERTY, (d)
will. not park on or store any construction vehicles, equipment or materials within the
storm water detention area or on McDONALD'S other property, and (e) will "cone off' no
more than 4 parking stalls at an one time and will not"cone off' or block in an manner
P 9 Y � Y
more than half of any access drive at any time, allowing at least one lane open at all
times in each access drive for vehicular traffic..
If the VILLAGE provides such maintenance, then the VILLAGE shall have the
right to be reimbursed within thirty (30) calendar days of billing for all reasonable out-of-
pocket costs and expenses incurred in connection therewith. McDONALD'S
acknowledges and agrees to make any such reimbursement within thirty (30) calendar
days after receipt of an itemized statement detailing all costs and expenses. It is further
agreed that in addition to the rights and remedies at law or equity, the VILLAGE shall
have a lien on the PROPERTY to secure payment of such amounts de to the VILLAGE
for the work and the VILLAGE may enforce and foreclose on said lien, including
reasonable and actual attorneys' fees and costs, by an action filed in the appropriate
court of DuPage County.
Document#:558734-v4
EXHIBIT C
1
The VILLAGE agrees .that, in the event it provides such maintenance, (a) it will
exercise due care and caution so as not to unnecessarily damage or harm the
PROPERTY and any landscaping, buildings, or other improvements thereon, and (b) it
will repair and/or reimburse and make whole McDONALD'S for any unreasonable
damage or harm to the PROPERTY or any landscaping, buildings, or other
improvements thereon unreasonably caused by the VILLAGE (or its agents or
employees) in connection with the exercise of any rights granted to the VILLAGE
hereunder; and (i) it will perform such maintenance in a good and workmanlike manner.
rains
2. Storm sewers and other drainage structures es and appurtenances including
catch basins, manholes, and inlets shall be periodically cleaned and kept clear of
sediment and debris, retained at the elevations, lines and grades intended, and
maintained in an operable condition capable of conveying stormwater runoff.
3. Swales and overland drainage ways shall be maintained to the line and
grade established on the IMPROVEMENT PLANS and supporting documents to convey
stormwater runoff in a free and unobstructed manner. Landscape plantings, earthen fill,
or other obstructions that impede the flow of stormwater shall be removed, the area shall
be regarded, and a vegetative cover shall be re-established to deter erosion.
4. The proper function of the stormwater storage basin is dependent upon
maintaining both the structural integrity and the minimum elevation for the containment
berms and it is also essential that the volume of potential storage available within the
stormwater storage facility be preserved. McDONALD'S agrees that no substantial re-
grading, placement of earthen fill, or other earthwork operations that would change the
elevation, impair the structural integrity, or diminish the volume contained within the
basin without first obtaining the written consent of the VILLAGE, which consent shall not
be unreasonably withheld or delayed.
5. A vegetative cover around and within the stormwater storage facility and
overland drainage swales is essential for the prevention of soil erosion and the
deposition of sediments within the basin. McDONALD'S shall periodically replant and
replace vegetation, when necessary, to maintain the vegetative cover.
RIPARIAN PLANTING MAINTENACE PLAN
The following maintenance plan includes activities to promote the long-term
preservation and maintenance of the on-site riparian environment as well as set forth
who is responsible for the activities and how they will be funded. This operation and
maintenance plan should address, but not necessarily be limited to, the following two (2)
issues:
1. Near-term maintenance, particularly to activities required within a three-
year monitoring period to ensure establishing plant communities required to maintain
runoff filtering, habitat, bank stabilization, shading, or other riparian values.
2. Commitment, particularly to long-term funding and responsibility for
performing the recommended operation and maintenance activities.
Maintenance Plan
Document#:558734-v4
EXHIBIT C
2
Invasive and Non-Native Species. Invasive and non-native species, and woody
plants species not. specified as part of the planting plan, should be controlled by the
appropriate suggested maintenance procedures in the following plan.
Invasive species for the purposes of this project include, but are not limited to the
following:
Cirsium arvense—Canada Thistle
Dipsacus laciniatus— Cut-leaved Teasel
Dipsacus sylvestris— Common Teasel
Lythrum salicaria — Purple Loosestrife
Melilotus albs —White Sweet Clover
Phalaris arundinacea—Reed Canary Grass
Phragmites australis— Giant Reed
Polygonum cuspidatum (Fallopia japonica)—Japanese Knotweed
Rhamnus cathartica or frangula — Buckthorn
Lonicera Sp. — Honeysuckle
Typha sp. — Cattails
Anticipated Maintenance Procedures: Vegetation management, water level
management, prescribed burning (in McDONALD'S sole discretion), and pest species
management constitute the minimum long-term management requirements. Additional
maintenance and management actions may be required as site-specific conditions
warrant and as scientific knowledge and technology advance. Other possible
responsibilities could include, but are not limited to the following actions: wildlife
management and erosion and sediment control.
Debris Management: All trash, brush, grass clippings, debris, etc. shall be
removed periodically from the riparian environments and disposed of in an approved
trash receptacle.
Prescribed Burn Management: Prescribed burning is the single-most important
tool or method of long-term vegetation management and weed control. If
conscientiously and carefully applied, prescribed burning involves low cost and minimal
effort compared to other means of vegetation management. Fire is a tool that serves
several purposes. It destroys the woody upper parts of plants. Over time, the non-
native woody plants weaken and eventually die. By burning dry, dead vegetation
remnants, fire blackens the earth surface and exposes the soil to the sun's warmth. This
triggers growth and germination for native prairie plants, which have adapted to the
presence of fire. Most of the undesirable weedy plants are hampered by burning.
Burning should occur in the spring or fall, as permitted by weather conditions.
The riparian areas will be burned prior to permanent seeding to help eliminate non-
native invasive species from competing with the newly-planted seed. The native
vegetated detention basins and wetland mitigation areas will be burned two or three
years following permanent seeding when sufficient fuel is available. Thereafter, an effort
will be made to alternate the season of the burn to encourage vegetative diversity.
Burning in Illinois requires a permit from,the Illinois Environmental Protection
Agency and the Village. The permit should be requested approximately six (6) weeks
Document#:558734-v4
EXHIBIT C
3
before the burn. The local fire and police departments should be notified of the burn.
Because of the site's proximity to residential homes, the nearby residents should be
notified. The procurement of all necessary permits and the execution of all necessary
notifications are the responsibility of the burn coordinator or burn boss.
McDONALD'S shall be the permit applicant which will contract a landscape
management company with experience in conducting prescribed burns.
The following text describes general aspects of prescribed burning. It is not
intended to be conclusive, nor is it considered adequate for training personnel to conduct
prescribed burns. Burning should be completed by a burn specialist.
Prescribed burn procedures should include the following steps:
A. Conduct a site visit to assess precautions necessary and determine the
appropriateness of timing/season for burn.
B. Prepare for the burn by preparing a written plan establishing procedures for
burning with the wind from the eight compass points. The procedure needs
to account for shifts in wind direction. The plan should also describe how to
perform such practices as mowing, back burning, and installation of fire lanes
and wet lines. Identify natural firebreaks (e.g., ditches, parking lots, roads, or
mowed areas) and specify how to set containment backfires along them if the
fire gets out of control.
C. Prepare firebreaks via mowing and/or backfires; ensure all equipment is
properly functioning and the burn crew is debriefed on the burn goals and
procedures.
D. Notify EPA, police, neighbors within two hundred fifty feet (250') of the project
site, IDOT, and the Village prior to the burn.
E. Determine the appropriateness of weather conditions for burning on the day
of the burn.
F. Conduct the burn. Extinguish all fires, including backfires, by nightfall no
matter how long the procedure takes. A night check by someone whose eyes
have adjusted to the dark for a long period of time may also reveal concealed
embers.
Additional actions of burning such as choosing the burn day, essential burn
equipment, and procedures for conducting prescribed burns should be reviewed prior to
conducting the burn.
Mowing: Several mowing methods are suggested at the establishment stage of
_� 9
plantings to allow native species to out compete invasive species. Mowing may be
substituted for a prescribed burn if fuel loads are not adequate to carry a fire. However,
clippings must be raked and removed prior to April 1 of each year. The wetland
specialist will determine the need for mowing.
Document#:558734-v4
EXHIBIT C
4
Nuisance Plant Management: Selective herbiciding to control invasive species is
suggested. A certified and licensed pesticide applicator shall select herbicide, which is
non-toxic to animal and aquatic life, and shall apply the herbicide by the appropriate
method, to prevent killing of desirable native species.
(i.) Mechanical Control. Mechanical control of nuisance plant species typically
includes mowing and/or the digging up of individual plants by hand. In many
cases, mowing a plant before its seeds mature will minimize further spread.
Mowing at or very close to the ground surface with a wee-eater or hand-
scythe can be an effective means of control for species as sweet clovers,
various thistles, and ragweeds. For general mowing of swaths of vegetation,
mowers should be set to a height of six inches (6") above the ground surface.
For species such as common reed, purple loosestrife, Canada thistle, and
reed canary grass, mowing actually encourages the spread of underground
stems. Hand pulling or digging out these species and woody undesirables
such as multiflora rose can result in control if there are fewer than one
hundred (100) plants throughout the entire site.
(ii). Chemical Control. Because of the potential for damage to native plant
communities, the use of preventative herbicides should be limited to selected
problem areas. Manual weed removal and prescribed burning are preferred
means of vegetation management. Problem areas where chemical control
may be appropriate include locations with a dominance of plant species that
do not respond well to prescribed burning and/or mechanical control
measures such as mowing.
Because this is a natural area, aquatic herbicides will not be used to treat
algal blooms.
Employed in conjunction with prescribed burning and mechanical control, the
use of herbicides can be an important component of management programs
for controlling invasive species. Some species, such as purple loosestrife
(Lythrum salicaria), buckthorn (rhamnus spp.) and honeysuckle (Lonicera
spp), reed canarygrass, common reed (Phragmites australis), sandbar will
(Salix interior), and cattails (Typha spp.) are controlled more effectively by
chemical treatment than by mechanical control measures.
Glyphosate herbicide (trade name Rodeo or Roundup) is often recommended
for use in native areas. Other herbicides such as Transline, Plateau, and
Garlon have also been used in natural areas. The application of herbicides
should be performed only by a licensed professional applicator according to
approved rates and procedures. Herbicide use should be in strict compliance
with all warning labels and applicable codes, standards, and best
management practices. Herbicides should be used selectively in order to
avoid damaging desirable plants.
Generally, wick application is more selective than spray application. Wicking
applies herbicide only to individual plants, using a canvas-covered,
perforated, chemical-filled PVC pipe. Trained personnel walk the area,
swinging the eight-foot pipe from side to side above the native plants, but
Document*558734-v4
EXHIBIT C
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i
deliberately striking invasive species. The pipe strikes and bends the weeds,
smearing them with the chemical and destroying them with within a few days.
If used, spray applications should not occur on gusty days because non-
target species could be affected.
(iii) Biological Control. Special attention should also be given to ensuring that
purple loosestrife is controlled, should it occur on the site. This pervasive and
noxious weed is extremely difficult to eliminate once established. Where
isolated individuals occur, physical removal from the site is recommended.
Plants should be pulled and destroyed before flowering. For larger stands of
purple loosestrife, a combination of herbicide and annual burning may be
appropriate. Research is currently being conducted in the use of biological
controls for purple loosestrife. Through this method, host-specific insects
(one a root infesting weevil; others are leaf-eating chrysomelid beetles) are
released to feed on the roots or leaves of purple loosestrife. If purple
loosestrife becomes abundant, biological control can prove a cost-effective
means of management.
Fertilizer Application: Excessive fertilizer use can cause nutrient imbalances that
may encourage the growth of weedy species. Elevated concentrations of dissolved
nutrients (especially phosphates) are a primary cause of algal blooms. High nitrogen
levels encourage rapidly-growing, invasive species instead of native plants, which are
adapted to lower levels.
For ecological reasons, a conservative approach to the application of fertilizers
will be taken. Turf management chemicals will not be used. Native wetland and prairie
plantings should not be fertilized unless specifically prescribed by a wetland consultant.
If used special care should be taken to not apply fertilizers when inclement weather is
P PP Y
forecast. Fertilizer application is not identified to occur on a rotation schedule. It should
be performed only at the direction of a landscape specialist .with experience in
installation and development of native plant communities.
Pesticide Use. Modern pesticides do not have the immediate impact upon
natural area vegetation that most fertilizers and herbicides have. However, long-term
use of even the most benign pesticides has effects on wildlife that are still only barely
researched. Since the U.S. Army Corps of Engineers has indicated that wildlife
preservation is an important goal in the Midwest, pesticides should not be used broadly
and routinely. Instead, pesticide use should be performed at specific and localized
problem areas. Particular care should be exercised in the areas near or directly tributary
to surface waters. Standard application procedures and precautions should be applied.
Other Management Actions. Other possible responsibilities could include, but
are not limited to the following actions: access restrictions enforcement, wildlife
management (e.g., including control of carp, muskrats, and geese), and erosion and
sediment control. The need for other management actions should be determined by
McDONALD'S on an annual basis. On a periodic basis, a professional
scientist/ecologist may be requested to review the vegetation within the planting areas
and make management recommendations.
COMMITMENT AND RESPONSIBILITY
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Long Term Maintenance. The above-referenced maintenance procedures
should take place on an as-needed basis. Prescribed burns are suggested every two or
three years on a rotational basis to maintain the proposed mitigation and enhancement
areas. Without maintenance procedures to combat non-native species, native areas
often become overrun by invasive weeds. It is important to note that any native area
that has been neglected of proper maintenance may not be aesthetically pleasing. Long
term maintenance in addition to the installation of the above-referenced plantings is the
responsibility of McDONALUS following VILLAGE sign-off.
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EXHIBIT C
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AGENDA MEMO SUPPORTING DOCUMENTS
PROCESSING CHECKLIST
PROJECT NAME M 0 A �� _ ST U M GJA 7 C +✓� N� tip"
ll/ /Aw�sT R
Copy to Board? WE S ❑ NO
Restrictions to Distribution
DATE APPROVED BY BOARD 17- o C
1. SIGNATURE REQUIRED? YES ❑ NO
If yes, whose signature: resident ❑ Village Manager
Other V I LI-661 �LErcK 4 N0-T4 rc ( eb
a) Number of signed originals (Please provide originals)
b) Returns ned documents
to: � L c= rL FC `/
c) If further signatures required: Please check when complete
• Temporary copy to official file❑
• Signed Original for Official file❑
• Permanent copy of fully executed original if official file
maintained by another department ❑
d) Urgent Time Frame?
e) Where is original maintained:
❑ Official File-Admin Qpept File ��/� 0 L�,
/ Department
2. ❑ NO SIGNATURE AT THIS TIME:
If document is a draft or if it is going to another party first for signature, at this
juncture please indicate where the original is going to be sent
AND who is responsible for following up
(copy of document and this checklist to official file)
When ready for signature attach this form and check items in "SIGNATURE
REQUIRED" section.
3. Please keep this checklist attached to document as it goes through the process until
it leaves administration, then attach to copy for official file.
4. Call Linda Andrys for process for items that will require recording with the county.
Revised 01/20/09