Administrative & Community Services Committee

AGENDA Meeting Date: Thursday, September 2, 2021 Meeting Time: 5:00 P.M. Meeting Location: City Hall, Council Chambers 118 Hillsboro Avenue Edwardsville, IL 62025 ADMINISTRATIVE AND COMMUNITY SERVICES COMMITTEE AGENDA Committee Members Will Krause, Chair Janet Stack Jack Burns PUBLIC COMMENT 1. Approval of Minutes from the August 12, 2021 ACS meeting pg.3 2. Correspondence & Announcements: A) Letter from Plan Commission regarding a Preliminary Plat for Bluff Falls Subdivision pg.6 B) Letter from Plan Commission regarding a Text Amendment for Short Term Rentals pg.45 C) Letter from Plan Commission regarding a Text Amendment for Height Variances pg.46 D) Letter from Zoning Board of Appeals regarding a Special Use Permit for 303 South Kansas pg.47 E) Letter from Zoning Board of Appeals regarding a Variance for 1425 McCoy Drive pg.49 3. Council Matters A. FILED FOR SECOND READING: 1) An Ordinance Enacting Procedures for the Reimbursement of Expenses for City Elected Officials pg.52 B. NEW ITEMS: 1) A Resolution Approving a Variance for a Setback at 1425 McCoy Drive pg.59 2) A Resolution Approving a Special Use Permit for a Bed and Breakfast Establishment as a Home pg.62 Occupation at 303 South Kansas Street 3) A Resolution Approving IDOT Temporary Closure of Highways for Edwardsville High School pg.64 Homecoming Parade on September 29, 2021 4) A Resolution Approving IDOT Temporary Closure of Highways for Edwardsville Halloween Parade on pg.67 October 31, 2021 5) A Resolution Authorizing Approval of Professional Service Agreement with CMT in the Amount of pg.69 $39,860 for Plummer Family Park Maintenance Building. 6) An Ordinance Amending Appendix B of the Codified Ordinances of the City of Edwardsville Regarding pg.78 Short Term Rentals – first reading 7) An Ordinance Amending Appendix B of the Codified Ordinances of the City of Edwardsville Regarding pg.86 Variances – first reading 8) Approval of an Ordinance Authorizing The Trade In of Certain Surplus Personal Property Owned by the pg.89 City Of Edwardsville (Request Suspension of Rules and Pass on First Reading) C. ITEMS HELD IN COMMITTEE: 1) An Ordinance Abating the Educational Impact Fee – second reading pg.93 2) An Ordinance Amending Chapter 82 (Peddlers and Solicitors) and Appendix B (Zoning) of the City of pg.97 Edwardsville Code of Ordinances (Food Trucks) – first reading If prospective attendees require an interpreter or other access accommodation, please contact the Edwardsville City Clerk’s office at 618-692-7500 no later than 48 hours prior to the commencement of the meeting to arrange the accommodations. pg.1 AGENDA Administrative & Community Services Agenda Page 2 of 2 4. Boards & Commissions: A. Plan Commission – Minutes 06/21/21 pg.104 B. Zoning Board of Appeals – Minutes 06/28/21 pg.110 C. Human Relations Commission D. Historic Preservation Commission E. Recreation, Arts and Special Events Board F. Edwardsville Beautification and Tree Commission G. Library Board H. Band Board I. Cool Cities – Minutes 07/15/21 pg.114 5. Old Business: 6. New Business: 7. Next ACS Meeting: Thursday, September 16, 2021 at 5:00 p.m. in City Hall Council Chambers, 118 Hillsboro Ave 8. Adjournment CITY COUNCIL MEETING: Tuesday, September 7, 2021 at 7:00 p.m. in City Hall Council Chambers, 118 Hillsboro Ave pg.2 AGENDA Administrative and Community Services Committee Minutes August 12, 2021 5:00 P.M. at City Hall Approved Date: ________________________________ Signature: ____________________________________ PRESENT: EXCUSED: Janet Stack Will Krause Jack Burns Emily Fultz Eric Williams Jeanne Wojcieszak Kevin Head Nate Tingley Lieutenant Lybarger Chuck Bollinger Jeff Berkbigler PUBLIC COMMENT: None 1. Approval of minutes from the July 29, 2021 ACS meeting – Motion to approve (Stack), seconded (Burns) and voted all ayes to forward to Council. 2. Correspondence & Announcements: A. Monthly Permit Report – August 2021 3. Council Matters A. FILED FOR SECOND READING: None B. NEW ITEMS: 1) An Ordinance Amending Chapter 82 (Peddlers and Solicitors) and Appendix B (Zoning) of the City of Edwardsville Code of Ordinances (Food Trucks) – Motion to hold (Stack), seconded (Burns) and voted all ayes. 2) An Ordinance Enacting Procedures for the Reimbursement of Expenses for City Elected Officials – The City has established policies for reimbursement of travel, training and meal expenses for City employees under the City Personnel Code. Elected Officials and appointed members of City Boards and Commissions are not subject to or regulated by the City Personnel Code since they are not City employees. This Ordinance establishes rules and procedures for acceptable reimbursable 1 pg.3 AGENDA expenses while conducting City business and gives staff guidance on what expenses are allowable. Motion to approve (Stack), seconded (Burns) and voted all ayes to forward to Council. 3) Resolution Authorizing the Application for OSLAD Grant Program from Illinois Department of Natural Resources – The Park’s Department is looking into applying for an OSLAD Grant for LeClaire Park. This would be for the extension of the lake retaining wall. They are expecting the total balance not to exceed $200,000. This is a matching grant and the City would need to contribute 100k from FY 2022-23 Park’s Improvement Budget. The retaining wall benefits along Madison Ave. but ends just north of the Memorial waterfall. The plan is to extend it ending at the waterfall to the southeast corner. Motion to approve (Stack), seconded (Burns) and voted all ayes to forward to Council. 4) Approval of an Amendment to the Professional Services Agreement with Chiodini Architects in the amount of $42,000 – This is to approve professional engineering services to provide interior design services for the furniture selection, specifications, and installation at the RP Lumber Center. This amount will come out of The Center’s FFE budget. Motion to approve (Stack), seconded (Burns) and voted all ayes to forward to Council. 5) Approval of RASE Board Item from August 3, 2021 a) Whitley’s Wishes Softball Tournament on 10/01/21 – This was approved as it stands with the addition of a request by the organization to waive the application fees and City staff fees. The organization has not been charged previously and will be requesting a waiver of fees formally through the Finance Committee. Motion to approve (Stack), seconded (Burns) and voted all ayes to forward to Council. C. ITEMS HELD IN COMMITTEE: 1) An Ordinance Abating the Educational Impact Fee – Will hold for now. 4. Boards & Commissions: A. Plan Commission B. Zoning Board of Appeals C. Human Relations Commission D. Historic Preservation Commission E. Recreation, Arts and Special Events Board 1) Recreation Report – August 2021 2) Recreation Quarterly Report 3) Program Report – August 2021 4) Program Quarterly Report F. Edwardsville Beautification and Tree Commission G. Library Board 2 pg.4 AGENDA H. Band Board I. Cool Cities 5. Old Business: None 6. New Business: None 7. Next ACS Meeting: Thursday, September 2, 2021 at 5:00 p.m. in City Hall Council Chambers, 118 Hillsboro Ave. 8. Adjournment – Motion to adjourn (Stack), seconded (Burns). CITY COUNCIL MEETING: Tuesday, August 17, 2021 at 7:00 p.m. at City Hall Council Chambers, 118 Hillsboro Ave. 3 pg.5 AGENDA PLAN COMMISSION DATE: August 17, 2021 TO: MAYOR CITY COUNCIL ADMINISTRATIVE & COMMUNITY SERVICES COMMITTEE FROM: PLAN COMMISSION ITEM: Bluff Falls Preliminary Plat MOTION: Move for approval. VOTE: Ayes: 7 Wencewicz, Schlueter, Harr, Miracle, Pepper, Pierceall, Scheffel Nays: 1 Boline Abstains: 1 Gerber COMMENTS: SIGNATURE: s/ Mike Boline, Chairman Meeting Dates: Plan Commission – August 16, 2021 pg.6 AGENDA pg.7 AGENDA pg.8 AGENDA pg.9 AGENDA pg.10 AGENDA pg.11 AGENDA CASE No. ________________ PRELIMINARY SUBDIVISION PLAT REVIEW CHECKLIST Bluff Falls 6/21/21 Name of Subdivision _________________________ Date _________________________________________ Location: 17 Section ________________ Area of entire tract 52.5 acres ________________________________________ Township ______________ 4 North Number of proposed lots ___________________________________ 124 lots and clubhouse and pool lot Range 8 West _________________ Current Zoning __________ Proposed Zoning _________________ Mad Co A R1 Name of Developer Crevo Capital __________________________ Engineering Firm TWM, Inc. _______________________________ Attn: Corey Wenzel ______________________________________ Attn: _________________________________________ Marsha J. Maller Email Address ________ Email Addres ______________ Address _ ________ Address_ ________________ ________ __ ______________________ Phone(_____) ________ Phone(_____) _____________________ Property interest of Applicant: ( ) Owner ( ) Contract Purchaser ( ) Other ______________________ REQUIREMENT SECTION YES NO N/A Thirty (30) Prints plus one emailed PDF of Subdivision Preliminary Plat. 3-1.2 Payment of Plan Review Fee. 3-1.1 Small Key Map. 3-1.3(a) Names & Addresses of owner, subdivider, licensed land surveyor and 3-1.3(b) licensed professional engineer. x Proposed Name of Subdivision. 3-1.3(c) x Zoning District classification of tract of land to be subdivided and of 3-1.3(d) adjacent land. x North Arrow, graphic scale and date of plat. 3-1.3(e) x Gross and net acreage area of proposed subdivision, acreage of street 3-1.3(f) rights-of-way; the acreage of any areas reserved for common use of the property owners within the subdivision and/or for public use; and the x gross acreage reserved for green space, the net acreage for active green space and net acreage for passive green space. All lot lines adjacent to and abutting the subdivision. 3-1.3(g) x Tract boundary lines showing dimensions, bearings, angles, and 3-1.3(h) references to known land lines. x Types of existing vegetation and topography of the tract to be 3-1.3(i) subdivided. x Any proposed alteration, adjustment or change in elevation, topography 3-1.3(j) or existing vegetation of any area. x 6/15/2020 pg.12  Preliminary Plat Subdivision Review AGENDA Page 2 of 4 Subdivision Name Bluff Falls ________________________________ Case No. _______________ Locations of such features as bodies of water, ponding areas, natural 3-1.3(k) drainage, railroads, cemeteries, bridges, parks, schools, etc. x Streets and rights-of-way on and adjoining the site of the proposed 3-1.3(l) subdivision; names, street rights-of way and paving widths of pavement, x curbs, sidewalks, crosswalks, planting strips, etc. Copy of the results of any tests made to ascertain subsurface rock and 3-1.3(m) soil conditions and the water table, and a report addressing soil types referencing the "Soil Survey of Madison County" (prepared by Soil x Conservation Service). Locations, widths, and purposes of all existing and proposed 3-1.3(n) easements. x Copy of the description of all proposed deed restrictions and covenants. 3-1.3(o) x Location and size of existing and proposed sanitary and storm sewers, 3-1.3(p) water lines (with static pressure), fire hydrants (with flow test data), x Flood Hazard Areas, and general stormwater detention basins. Locations, types, and approximate sizes of all other existing and 3-1.3(q) proposed utilities. x Building setback or front yard lines and dimensions. 3-1.3(r) x Locations, dimensions and areas of all parcels to reserved or dedicated 3-1.3(s) for schools, parks/playgrounds, and other public purposes. x Locations, dimensions, and areas of all proposed or existing lots within 3-1.3(t) the subdivision. x Signed Statements from Madison County "9-1-1" Coordinator, U.S. Post 3-1.3(u) Master, Edwardsville Police Dept. & Edwardsville Fire Dept. approving x street names. Evidence of proposed compliance with Soil Erosion and Sediment 3-1.3(v) x Control Ordinances. Written report by a professional engineer discussing the infrastructure 3-1.3(w) proposed and the manner in which site constraints are intended to be dealt with including Flood Hazard Areas, requirements for Section 404 x permit and archaeological sign-off by the required public agencies (copies of requests). Evidence (copies of requests) that: 3-1.3(x)  Cultural resource sign-off has been requested for the State of Illinois Dept. of Historic Sites. x  Endangered species sign-off has been requested from the Department of Natural Resources. Drainage map showing extent of existing watersheds and outlets 3-1.3(y) (indicate direction of drainage); proposed sub-watersheds and their outlets; contours, A-zones, existing and proposed drainage structures, drainage areas, existing and proposed land use, and detention storage x basins, facilities, with indications of future responsibility for maintenance of the basins and structures. 6/15/2020 pg.13  Preliminary Plat Subdivision Review AGENDA Page 3 of 4 Subdivision Name Bluff ________________________________ Falls Case No. _______________ REQUIREMENT SECTION YES NO N/A Opinion of the probable cost of public improvements prepared by a 3-1.3(z) x licensed engineer (break out by line item). Locations, dimensions and areas of all parcels to be reserved or used 3-1.3(aa) for Green Space and its intended use x Variance Request (Application must be included with Preliminary 4-2.1 x Plat). Land shall be subdivided in such a way that each lot abuts a street 5-3.1 meeting the requirements of section 5-5. Lot Access and relationship to street. All side lot lines shall be a right angles to straight street x right-of-way lines or radial curved street right-of-way lines except where a deviation from this rule will provide a better street or more buildable lot. Flag Lots (requires a variance) 5-3.2 x Whenever a subdivision exceeds 50 lots in size, it shall be required to 5-5 have more than one entrance into the subdivision which connects to a x secondary, collector or arterial street. Where it is readily available subdivisions having 25 lots or more shall have an alternate access. Limited access to arterial streets. 5-5.4 x Streets shall be so arranged to provide for continuation of principal 5-5.5 (a) streets between adjacent properties when such continuation is necessary for convenient movement of traffic, effective fire and police x protection, and efficient provision of utilities, and where such continuation comports with the City’s Comprehensive Plan for street and future development (see temporary stub street requirements). Permanent Cul-de-Sac - Streets limited to 500 feet in length. Cul-de- 5-5.5 (b) sac turnaround having a minimum right of way radius of 54 feet and a x minimum pavement radius of 43 feet. Intersections - Not more than 2 streets shall intersect at any one point. 5-5.6(a) x Intersections - Streets shall be laid out so as to intersect as nearly as 5-5.6(b) possible at right angles; in no case shall 2 streets intersect an angle of less than 75 degrees. An oblique street shall be curved approaching x an intersection and shall be at right angles with said intersection for at least 100 feet from the centerline intersection. Intersection Alignment - Proposed new intersections along one side of 5-5.6(c) an existing street shall whenever practicable, coincide with any existing intersections on the opposite side of each street. Street jogs with centerline offsets of less than 125 feet shall not be permitted, x except were the intersected street has divided lanes without median breaks at either intersection. Intersections involving collector or arterial streets shall be at least 800 feet apart. Intersection Curb Radii - To permit safe vehicular movements at 5-5.6(d) corners, the minimum curb radius at the intersection of two streets x shall be 25 feet. 6/15/2020 pg.14  Preliminary Plat Subdivision Review AGENDA Page 4 of 4 Subdivision Name ________________________________ Bluff Falls Case No. _______________ REQUIREMENT SECTION YES NO N/A Intersection Flat Grade - Intersections shall be designed with a flat 5-5.6(e) grade wherever practical. In hilly terrain, an area having not greater than three percent slope for a distance of 50 feet from the nearest x right-of-way line of the intersecting street shall be provided at the approach to an intersection. Intersection Maximum Cross-Slope - The cross-slopes on all streets, 5-5.6(f) including intersections, shall not exceed three percent. x Intersection Adequate Site-Lines - Where any street intersection will 5-5.6(g) involve earth banks or existing vegetation the developer shall cut such ground and/or vegetation (including trees) in connection with the grading of the public right-of-way to the extent necessary to provide x an adequate sight distance as per the IDOT design standards in the Administrative Policy Manual for Local Roads and Streets for new construction. Reverse Curves - A tangent at least 100 feet long shall be introduced 5-5.7 between reverse curves on local and primary streets. x Improvements to Existing Streets - Whenever any development abuts 5-5.8 an existing street that is narrower than the standards indicated in the Table of Street Design Specifications, the subdivider shall dedicate x sufficient right-of-way on the side abutting the development to permit compliance with those standards. Block Width - Blocks shall be sufficiently wide to accommodate 2 tiers 5-7(a) of lots having the minimum depth required by the zoning district regulations; provided that this requirement may be waived in blocks x adjacent to local collector or collector streets, railroads, or watercourses. Block Length - No block shall be longer than 1,400 feet nor shorter 5-7(b) than 500 feet. Wherever practicable, blocks along collector streets x shall not be less than 1,000 feet in length. Crosswalks not less than 10 feet wide may be required through the 5-7(c) center of blocks more than 1,000 feet long where necessary to x provide circulation or access to schools, playgrounds, shopping centers, transportation, or other common facilities. Sidewalks shall be provide on both sides of each street throughout the 5-8 x entire subdivision. _______________________________________________________ ________________________________________________________ Date Staff Reviewer 6/15/2020 pg.15 AGENDA MEMORANDUM DATE: July 7, 2021 TO: Marsha Maller, TWM FROM: Emily Fultz, City Planner CC: Corey Wenzel, Crevo Capital Jenna Desch, Crevo Capital SUBJECT: Staff Comments – Bluff Falls (Preliminary Plat) The following comments are respectfully provided after staff review of the Preliminary Plat for Bluff Falls. The project is currently scheduled for the July 22, 2021 Land Use Committee Meeting. Please provide any revisions by next Wednesday, July 14, so that they may be forwarded to our Land Use Committee in advance of the meeting. Fifteen (15) full size sets and one PDF are necessary for submittal of revisions. If you have any questions or concerns about any of the comments below, please contact me at your convenience. Thank you. 1. The plans show 15’ easements along fronts of property lines; however, Sec. 5-11.1 requires 20’ easements for sewer and water (15’ is only permitted for electric, gas, telecommunications). 2. Please add a page, or add line work, distinguishing between existing easements and proposed easements. Specifically, there is a question as to whether the easement running between lots 10 and 11 to Poag Road is existing or proposed. a. A drainage easement is needed for the land that will front Poag Road. This easement needs to be in place prior to plat approval. 3. The sanitary sewer line cannot be placed in detention basins / drainage easements. 4. Please provide additional information in regard to the Cultural Preservation Area such as limitations of use (e.g. can fill be placed? can recreational activities take place here? can pavement be added? etc.) 5. The EcoCat identifies a Chorus Frog in the area of this subdivision. Please provide additional information from IDNR about the limits of any protected areas. pg.16 AGENDA 6. The following streets should be Secondary Streets and will need to comply with the Secondary Street cross section: a. Hawksnest Drive b. Sweet Daisy Drive between Red Hawk and Hawksnest Drive (in front of Lots 1-5) c. Red Hawk Drive between Black Crow Drive and Sweet Daisy Drive 7. Please add a stub to the east in the vicinity of Lots 14-16. 8. To ensure adequate pressure, the existing water line east of the development needs to be looped into the subdivision. This could be looped adjacent to the new stub street right-of-way near Lots 14-16. 9. Please reconfigure Lot 85 so that it has access to the rear easement. 10. Please add standard easement language to plat (utilities and drainage). 11. Because the water line along Lots 98-105 is not looped, it should be upsized to a 10” line. 12. Please add rear easement lines to Lots 79-80. 13. Please show the outfall for the Detention Basin on Outlot H. 14. Please show how the Stormwater will be conveyed from the subdivision (Outlot G) to Outlot H. 15. Please remove “Annexation agreement” from Note 11, since this property will be annexed and no agreement is necessary. 16. Please add the dimension at the building line for the following lots, so that the requirement of 75’ lot width at building line can be verified: 14, 15, 49, 50, 51, 58, 59, 74, 78, 83, 84, 85, 86, 87, 88, 89, 115, 116, 117, and 118. 17. Lots identified as greenspace cannot be used for any other purpose, including Stormwater detention. Please adjust the greenspace locations and areas to meet these requirements. 18. Passive Greenspace is defined as undeveloped land, including wooded areas, hillsides, or grass, that that provides visual green space. As such, the dog park, clubhouse, and parking lot will not count toward passive greenspace. pg.17 AGENDA CONSULTING ENGINEERING THOUVENOT, WADE & MOERCHEN, INC. GEOSPATIAL SERVICES CORPORATE OFFICE 4940 OLD COLLINSVILLE ROAD SWANSEA, IL 62226 July 13, 2021 618.624.4488 TWM-INC.COM Emily Fultz, City Planner City of Edwardsville 200 East Park Street Edwardsville, IL 62025 RE: Bluff Falls Preliminary Plat – Resubmittal #1 Emily The following is a summary of the action taken regarding the items identified in the City’s memorandum dated July 7, 2021. 1. The front yard easements have been revised to reflect 20’ per Section 5-11.1. 2. The existing easements have been identified as existing on Sheet 2. The easement between lots 10 and 11 is an existing easement. The document number for the recording of the easement has been added. a. Drainage easements have been added for the acreage along Poag Road. The final easement dimensions will reflect the final approved drainage design and grading plan. 3. The sanitary sewer near Lots 104-105 has been moved out of the planned stormwater detention area. 4. A request to SHPO has been made regarding the Cultural Preservation Area and any limitations. The SHPO response will be forwarded upon receipt. 5. A request to IDNR has been made regarding the EcoCat. IDNR states their final review will be completed within a couple of weeks. The final review will be forwarded upon receipt. 6. The streets Hawksnest Drive, Sweet Daisy Drive between Red Hawk Drive and Hawksnest Drive, and Red Hawk Drive between Black Crow Drive and Sweet Daisy Drive have been revised to 60 feet of ROW with 37 feet of pavement to comply with the secondary street typical section. A secondary street typical section has been added to the cover sheet. 7. A stub street has been added between Lots 14-16. 8. The water line has been looped. 9. A side easement has been added to Lots 85-86 to provide access to the sanitary sewer easement. 10. The standard language will be added to the final plat. 11. The water main along lots 98-105 has been increased to 10” diameter. 12. Rear easements have been added to Lots 79 and 80. 13. The detention outfall structure has been added. 14. Storm sewer piping has been added showing the routing from Outlot G to Outlot H. 15. Note 11 has been revised. 16. The lot width at the building line has been added to the lots located along curves. The lot width at corner lots exceeds 75’ as the side yard setback increases the lot width for corner lots. 17. The greenspace areas have been revised. 18. The passive greenspace has been revised. If there are any questions regarding the revised plans, please call or email me. Respectfully, Manager CC: Crevo Capital Encl: 15 full size sets 100% EMPLOYEE OWNED • EXCEPTIONAL SERVICE. NOTHING LESS. ILLINOIS │ MISSOURI │ T ENNESSEE pg.18 AGENDA PRELIMINARY PLAT for CONSULTING ENGINEERING BLUFF FALLS GEOSPATIAL SERVICES ILLINOIS SWANSEA WATERLOO JULY 13, 2021 MISSOURI EDWARDSVILLE PEORIA ST. CHARLES CREVO CAPITAL ST. LOUIS TENNESSEE NASHVILLE CITY OF EDWARDSVILLE THOUVENOT, WADE & MOERCHEN, INC. MADISION COUNTY, ILLINOIS SWANSEA OFFICE 4940 OLD COLLINSVILLE ROAD LOCATION MAP SWANSEA, ILLINOIS INDEX OF SHEETS 62226 UTILITIES (618) 624-4488 WWW.TWM-INC.COM TELEPHONE: AT&T 1-800-244-4444 1 COVER SHEET ELECTRIC: AMEREN I.P. 1-800-755-5000 2 OVERALL BOUNDARY AND EXISTING TOPOGRAPHY PROF. LICENSE NUMBER IL. PROF. DESIGN FIRM 184-001220 CABLE TV: CHARTER 618-345-8121 3 DETENTION AREA EXISTING TOPOGRAPHY AND SITE PLAN IL. PROF. ENGR. CORP. 62-035370 WATER: CITY OF EDWARDSVILLE 618-692-7535 4 EXISTING TOPOGRAPHY AND SITE PLAN IL. PROF. STR. ENGR. CORP. 81-005202 IL. PROF. LAND SURV. CORP. 048-000029 5 DETENTION AREA LOT LAYOUT GAS: AMEREN I.P. 1-800-755-5000 MO. PROF. ENGR. CORP. 001528 6 LOT LAYOUT MO. LAND SURVEYING CORP. 000346 SANITARY SEWER: CITY OF EDWARDSVILLE 618-692-7535 7 PROPOSED GREEN SPACE PLAN TN. PROF. ENGR. FIRM 8974 J.U.L.I.E. : 1-800-892-0123 SEAL SIGNATURE: DATE SIGNED: LICENSE EXPIRATION: ISSUED FOR APPROVAL JULY 13, 2021 EXISTING ZONING MADISON COUNTY : AGRICULTURE OWNER/DEVELOPER CIVIL ENGINEER PROPOSED ZONING CITY OF EDWARDSVILLE: R-1 CREVO CAPITAL THOUVENOT WADE & MOERCHEN, INC REV. DATE DESCRIPTION 2140 VADALABENE DRIVE 4940 OLD COLLINSVILLE ROAD GROSS ACREAGE: 65.26 ACRES SUITE A SWANSEA, ILLINOIS 62226 1 7/13/21 REVISED PER RIGHT-OF-WAY ACREAGE: 9.59 ACRES STAFF REVIEW MARYVILLE, IL 62062 (618) 624-4488 ACTIVE GREEN SPACE ACREAGE: 5.81 ACRES (615) 307-9495 MARSHA J. MALLER, PE PASSIVE GREEN SPACE ACREAGE: 2.25 ACRES JENNA DESCH NET ACREAGE: 47.61 ACRES DRAWN BY: LEM DESIGNED BY: LEM CHECKED BY: MJM APPROVED BY: MJM PROJECT NO: D01201293 PROJECT: PRELIMINARY PLAT BLUFF FALLS CITY OF EDWARDSVILLE MADISON COUNTY ILLINOIS TITLE: COVER SHEET 1 OF 7 pg.19 AGENDA CONSULTING ENGINEERING GEOSPATIAL SERVICES ILLINOIS SWANSEA A D WATERLOO R O EDWARDSVILLE IL PEORIA RA N MISSOURI ST. CHARLES H ER ST. LOUIS OUT TENNESSEE NASHVILLE S OLK F OR THOUVENOT, WADE N & MOERCHEN, INC. SWANSEA OFFICE 4940 OLD COLLINSVILLE ROAD PRESENT USE: SWANSEA, ILLINOIS AGRICULTURAL 62226 (618) 624-4488 WWW.TWM-INC.COM PROF. LICENSE NUMBER IL. PROF. DESIGN FIRM 184-001220 IL. PROF. ENGR. CORP. 62-035370 IL. PROF. STR. ENGR. CORP. 81-005202 IL. PROF. LAND SURV. CORP. 048-000029 MO. PROF. ENGR. CORP. 001528 MO. LAND SURVEYING CORP. 000346 TN. PROF. ENGR. FIRM 8974 SEAL SIGNATURE: BLUFF PROPERTY LLC DATE SIGNED: ZONED: AGRICULTURAL LICENSE EXPIRATION: ISSUED FOR APPROVAL JULY 13, 2021 REV. DATE DESCRIPTION REVISED PER 1 7/13/21 STAFF REVIEW A D R O AG P O W DRAWN BY: LEM NE DESIGNED BY: LEM CHECKED BY: MJM APPROVED BY: MJM PROJECT NO: D01201293 PROJECT: PRELIMINARY PLAT BLUFF FALLS CITY OF EDWARDSVILLE MADISON COUNTY ILLINOIS STA DIUM ROAD TITLE: DRIV O A G P NEW E OVERALL BOUNDARY AND EXISTING TOPOGRAPHY 2 OF 7 pg.20 AGENDA CONSULTING ENGINEERING GEOSPATIAL SERVICES ILLINOIS SWANSEA WATERLOO EDWARDSVILLE PEORIA MISSOURI ST. CHARLES ST. LOUIS TENNESSEE NASHVILLE THOUVENOT, WADE & MOERCHEN, INC. SWANSEA OFFICE 4940 OLD COLLINSVILLE ROAD SWANSEA, ILLINOIS 62226 (618) 624-4488 WWW.TWM-INC.COM PROF. LICENSE NUMBER IL. PROF. DESIGN FIRM 184-001220 IL. PROF. ENGR. CORP. 62-035370 IL. PROF. STR. ENGR. CORP. 81-005202 IL. PROF. LAND SURV. CORP. 048-000029 MO. PROF. ENGR. CORP. 001528 MO. LAND SURVEYING CORP. 000346 TN. PROF. ENGR. FIRM 8974 SEAL AD R O IL R A RN THE O U S SIGNATURE: O LK DATE SIGNED: R F LICENSE EXPIRATION: NO ISSUED FOR APPROVAL JULY 13, 2021 REV. DATE DESCRIPTION REVISED PER 1 7/13/21 STAFF REVIEW DRAWN BY: LEM DESIGNED BY: LEM CHECKED BY: MJM APPROVED BY: MJM PROJECT NO: D01201293 PROJECT: PRELIMINARY PLAT BLUFF FALLS CITY OF EDWARDSVILLE MADISON COUNTY ILLINOIS TITLE: DETENTION AREA EXISTING TOPOGRAPHY AND SITE PLAN 3 OF 7 pg.21 AGENDA CONSULTING ENGINEERING GEOSPATIAL SERVICES ILLINOIS SWANSEA WATERLOO EDWARDSVILLE PEORIA MISSOURI ST. CHARLES ST. LOUIS TENNESSEE NASHVILLE THOUVENOT, WADE & MOERCHEN, INC. SWANSEA OFFICE 4940 OLD COLLINSVILLE ROAD SWANSEA, ILLINOIS 62226 (618) 624-4488 WWW.TWM-INC.COM PROF. LICENSE NUMBER IL. PROF. DESIGN FIRM 184-001220 IL. PROF. ENGR. CORP. 62-035370 IL. PROF. STR. ENGR. CORP. 81-005202 IL. PROF. LAND SURV. CORP. 048-000029 MO. PROF. ENGR. CORP. 001528 MO. LAND SURVEYING CORP. 000346 TN. PROF. ENGR. FIRM 8974 SEAL SIGNATURE: DATE SIGNED: LICENSE EXPIRATION: ISSUED FOR APPROVAL JULY 13, 2021 REV. DATE DESCRIPTION REVISED PER 1 7/13/21 STAFF REVIEW DRAWN BY: LEM DESIGNED BY: LEM CHECKED BY: MJM APPROVED BY: MJM PROJECT NO: D01201293 PROJECT: PRELIMINARY PLAT BLUFF FALLS CITY OF EDWARDSVILLE MADISON COUNTY ILLINOIS STA DIUM DRIV TITLE: E G R OAD POA EXISTING TOPOGRAPHY NEW AND SITE PLAN 4 OF 7 pg.22 AGENDA CONSULTING ENGINEERING GEOSPATIAL SERVICES ILLINOIS SWANSEA WATERLOO EDWARDSVILLE PEORIA MISSOURI ST. CHARLES ST. LOUIS TENNESSEE NASHVILLE THOUVENOT, WADE & MOERCHEN, INC. SWANSEA OFFICE 4940 OLD COLLINSVILLE ROAD SWANSEA, ILLINOIS 62226 (618) 624-4488 WWW.TWM-INC.COM PROF. LICENSE NUMBER IL. PROF. DESIGN FIRM 184-001220 IL. PROF. ENGR. CORP. 62-035370 IL. PROF. STR. ENGR. CORP. 81-005202 IL. PROF. LAND SURV. CORP. 048-000029 MO. PROF. ENGR. CORP. 001528 MO. LAND SURVEYING CORP. 000346 TN. PROF. ENGR. FIRM 8974 SEAL A D R O IL R A RN THE O U S SIGNATURE: O LK DATE SIGNED: F OR LICENSE EXPIRATION: N ISSUED FOR APPROVAL 7/13/21 REV. DATE DESCRIPTION REVISED PER 1 7/13/21 STAFF REVIEW DRAWN BY: LEM DESIGNED BY: LEM CHECKED BY: MJM APPROVED BY: MJM PROJECT NO: D01201293 PROJECT: PRELIMINARY PLAT BLUFF FALLS CITY OF EDWARDSVILLE MADISON COUNTY ILLINOIS TITLE: DETENTION AREA LOT LAYOUT 5 OF 7 pg.23 AGENDA CONSULTING ENGINEERING GEOSPATIAL SERVICES ILLINOIS SWANSEA WATERLOO EDWARDSVILLE PEORIA MISSOURI ST. CHARLES ST. LOUIS TENNESSEE NASHVILLE THOUVENOT, WADE & MOERCHEN, INC. SWANSEA OFFICE 4940 OLD COLLINSVILLE ROAD SWANSEA, ILLINOIS 62226 (618) 624-4488 WWW.TWM-INC.COM PROF. LICENSE NUMBER IL. PROF. DESIGN FIRM 184-001220 IL. PROF. ENGR. CORP. 62-035370 IL. PROF. STR. ENGR. CORP. 81-005202 IL. PROF. LAND SURV. CORP. 048-000029 MO. PROF. ENGR. CORP. 001528 MO. LAND SURVEYING CORP. 000346 TN. PROF. ENGR. FIRM 8974 SEAL SIGNATURE: DATE SIGNED: LICENSE EXPIRATION: ISSUED FOR APPROVAL 7/13/21 REV. DATE DESCRIPTION REVISED PER 1 7/13/21 STAFF REVIEW DRAWN BY: LEM DESIGNED BY: LEM CHECKED BY: MJM APPROVED BY: MJM PROJECT NO: D01201293 PROJECT: PRELIMINARY PLAT BLUFF FALLS CITY OF EDWARDSVILLE MADISON COUNTY ILLINOIS STA DIUM DRIV TITLE: E G R OAD POA LOT LAYOUT NEW 6 OF 7 pg.24 AGENDA BLUFF FALLS CONSULTING ENGINEERING GEOSPATIAL SERVICES ZONING A D EXISTING ZONING: COUNTY AGRICULTURE RO PROPOSED ZONING: EDWARDSVILLE R-1 ILLINOIS SWANSEA AIL WATERLOO R EDWARDSVILLE E RN GREEN SPACE REQUIRED PEORIA UTH 6% ACTIVE GREEN SPACE: 3.91 ACRES MISSOURI ST. CHARLES S O 4%PASSIVE GREEN SPACE: 1.96 ACRES ST. LOUIS OLK TENNESSEE NASHVILLE RF GREEN SPACE PROVIDED NO ACTIVE GREEN SPACE ACREAGE: 5.81 ACRES THOUVENOT, WADE & MOERCHEN, INC. PASSIVE GREEN SPACE ACREAGE: 2.25 ACRES SWANSEA OFFICE 4940 OLD COLLINSVILLE ROAD SWANSEA, ILLINOIS 62226 (618) 624-4488 WWW.TWM-INC.COM PROF. LICENSE NUMBER IL. PROF. DESIGN FIRM 184-001220 IL. PROF. ENGR. CORP. 62-035370 IL. PROF. STR. ENGR. CORP. 81-005202 IL. PROF. LAND SURV. CORP. 048-000029 MO. PROF. ENGR. CORP. 001528 MO. LAND SURVEYING CORP. 000346 TN. PROF. ENGR. FIRM 8974 SEAL SIGNATURE: DATE SIGNED: LICENSE EXPIRATION: ISSUED FOR APPROVAL JULY 13, 2021 REV. DATE DESCRIPTION REVISED PER 1 7/13/21 STAFF REVIEW AD R O A G PO NEW DRAWN BY: LEM DESIGNED BY: LEM CHECKED BY: MJM APPROVED BY: MJM PROJECT NO: D01201293 PROJECT: PRELIMINARY PLAT BLUFF FALLS CITY OF EDWARDSVILLE MADISON COUNTY STA ILLINOIS DIUM ROAD DRIV O A G P NEW E TITLE: GREENSPACE 7 OF 7 pg.25 AGENDA This instrument prepared by and after recording return to: DECLARATION OF RESTRICTIONS FOR “BLUFF FALLS” DEED RESTRICTED SUBDIVISION CREVO CAPITAL, LLC, an Illinois Limited Liability Company whose address is 2140 Vadalabene Drive, Suite A, Maryville, IL (“Developer” or “Grantor”), being the owner of the following described real estate situated in Madison County, Illinois: SEE ATTACHED “EXHIBIT A” collectively, “the Subdivision”; in order to preserve, protect, and promote the public health, safety, and welfare of the residents of the Subdivision, to provide a pleasant living environment by furthering the orderly and efficient layout and use of land and by facilitating aesthetic design in accordance with applicable municipal ordinances and regulations, and to further address maintenance responsibility of detention systems, responsibility to plant and maintain trees in accordance with applicable municipal ordinances and regulations, and incorporation of restrictions on uses of utility, access and drainage easements, does hereby impose upon said real estate the following restrictions, and does hereby declare that the said real estate shall hereafter be owned, conveyed and developed in accordance with and subject to the provisions hereof (“Restrictions”). Developer shall also, on or about the date that these Restrictions are recorded against the property, file for record a final recorded subdivision plat of the Subdivision (as may be amended or modified from time to time, the “Plat”). 1. LAND USE AND BUILDING TYPE. So long as they own any portion of the Subdivision, Developer will have the exclusive right, obligation and authority to enforce the look and uses of each building in order to create a cohesive subdivision. Developer shall be obligated to subdivide the Subdivision into various lots (each a “Lot”) in such manner as Developer may deem reasonable. No building shall be erected, altered, placed or permitted to remain on any Lot other than one detached single-family dwelling of not less than 800 square feet of ground floor area, measured from the outside of the exterior walls including utility rooms but excluding cellars, basements, open porches, breezeways, pg.26 AGENDA garages and other spaces that are not used frequently or during extended periods for living, eating or sleeping purposes (each a “Home”). Only one principal building (i.e. the Home) shall be erected on any Lot, but Developer may allow accessory structures such as a carport, detached or attached garage, or shed with a maximum size of 120 square feet, so long as such accessory structures are built and maintained in accordance these Restrictions. 2. BUILDING REQUIREMENTS. No Home or accessory structure shall be located closer than 25 feet from the front lot line, 10 feet from the side lot line, and 30 feet from the rear lot line of any Lot in the Subdivision. No Home or accessory structure may exceed 40 feet in height. 3. PLANS AND SPECIFICATIONS. An Architectural Control Committee is hereby established, which to be composed of three (3) members appointed by the Developer so long as the Developer owns any portion of the Subdivision (hereinafter called the “Architectural Control Committee”). Should the Developer no longer hold any title to real estate in the Subdivision, then the members of the Architectural Control Committee shall be nominated (one each) by the three parties owning the most real property in the Subdivision (as determined by then current assessed value). The following documents shall be submitted to the Architectural Control Committee for approval prior to the commencement of any site preparation or construction on any Lot to wit: A. Floor Plans; B. Front, sides, and rear elevations; C. Exterior materials and color selections; D. Plot plan showing front, side and rear setback lines, driveways, parking areas, and location of all structures on the lot; E. Landscaping plan; The Architectural Control Committee shall have absolute discretion in the approval or disapproval of any structure in the Subdivision pursuant to these Restrictions. The Architectural Control Committee shall serve without pay and, in discharging the duties imposed upon them hereunder, is hereby granted an easement prior to, and during the construction of any structure, and in discharging their duties hereunder, to enter upon any building envelope in the Subdivision and will not be deemed to be trespassers thereby, and may enter into contracts, and employ agents, servants and counsel as they deem necessary in the performance of their duties. In carrying out their duties hereunder, no member of the Architectural Control Committee shall be held personally liable for negligence or for injury to person or damage to property, or for any other act or omission in the absence of willful and deliberate misconduct. 4. GENERAL RESTRICTIONS. 4.1 No Home or other dwelling house shall be permitted on any Lot which has less than 800 square feet of ground floor area, measured from the outside of the exterior walls pg.27 AGENDA including utility rooms but excluding cellars, basements, open porches, breezeways, garages and other spaces that are not used frequently or during extended periods for living, eating or sleeping purposes. 4.2 The character and design of the carport or garage or other accessory structure permitted hereunder must otherwise also conform to the character and design of the Home. 4.3 Satellite TV dishes will only be allowed on the rear or side of a Home, with final location approved by the Architectural Control Committee. 4.4 No recreational apparatus will be permitted in any front yard, side yard, or next to a platted street. Recreational apparatuses, including swing sets, playground equipment or similar devices shall not be located any point toward the building envelope line fronting any street, past a line drawn parallel with and intersecting that side of the Home. No pools will be permitted. The Architectural Control Committee shall have absolute discretion as to the location, and to approve or disapprove any recreational construction or apparatus pursuant to these Restrictions. 4.5 No obnoxious or offensive trade or activity shall be carried on upon any Lot, nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood. 4.6 No Lot or driveway, outside the exterior wall of the main residential structure or garage, shall be used for the purpose of blocking or jacking automobiles or other vehicles for repair, or for repairing any one or more automobiles, for any period of time. 4.7 No shed, trailer, recreational vehicle, tent, shack, garage, barn, basement, or outbuilding erected on any building envelope shall at any time be used as a residence, temporarily or permanently, nor shall any structure of a temporary character be used as a residence. 4.8 Each Lot with a Home shall have either a carport, detached garage or attached garage fully capable of housing a minimum of one automobile and a maximum of two automobiles. 4.9 No trucks, trailers, or commercial vehicles will be allowed to stand upon any Lot, other than service vehicles making deliveries and light pickup and panel trucks. No boats, campers, trucks, mobile equipment, vans, motor homes or recreational vehicles will be permitted to be stored outside the Home or garage on any Lot in the Subdivision. 4.10 A paved area shall be provided for each Lot suitable for the parking of at least four (4) automobiles, which area may include the interior space of the garage. Any exterior parking area will be restricted to operable automobiles. The paving materials of all parking areas and driveways shall be concrete. pg.28 AGENDA 4.11 Any and all mechanical work, or vehicle maintenance, (except for washing or waxing) will be performed in the carport or garage of each residence. Mechanical work and/or vehicle maintenance to include oil changes, tire changes, brake repairs, etc. but be completed within 24 hours. A vehicle cannot be left disassembled for any period longer than 24 hours. 4.12 No structure of any kind shall be allowed on any Lot, except the Home, garage, or carport, and a shed with a maximum size of 10 feet by 12 feet. Nothing shall be stored in the open, outside said Home, garage, or shed except during the period of construction of the Home. 4.13 The Home which may be erected on a Lot shall be constructed of good quality, new materials, suitable for use in the construction of residences. The exterior wall surface(s) of all homes shall be constructed of brick, brick veneer, stone, fiber cement siding, cedar siding, vinyl siding of a minimum thickness of .044 inches, or similar material of equal or higher grade, (excluding doors and windows). No aluminum siding shall be permitted. All exterior portions of all structures shall be fully enclosed and finished, including, by way of example and not by way of limitation, all soffit, under-eave, overhang and porch areas. All homes must be constructed at a minimum to meet the requirements of the Single Family Residential Building Code as set by the City of Edwardsville. 4.14 All exterior lighting, including but not limited to directional lighting, shall be so located, shaded, and of such intensity so as not to become a visual nuisance to any adjoining or nearby Lot, and shall be subject to approval of the Architectural Control Committee. 4.15 No retail business of any kind shall be permitted in the Subdivision, nor any other business except home offices not open to the public which are permitted under the ordinances of the CITY OF EDWARDSVILLE. 4.16 Solar power will be allowed on the property with Developer’s approval. All solar panels must be mounted to the Home and will not be allowed to be mounted on the ground. 4.17 No wall, fences or fencing of any kind shall be allowed in the front yard of any Lot nor on any side of a Home along a street between a line or lines intersecting that side of the house and parallel with that street. No wall, fences or fencing over 5 feet in height shall be allowed on any Lot, nor shall any wall, fences or fencing be located closer than one foot to any Lot line. All walls, fences and fencing shall be professionally constructed, and be compatible with the natural surroundings, subject to the conditions herein set out for materials. No chain link, wire or other metal wall, fence or fencing shall be permitted. All walls, fences and fencing must be submitted to, and approved by the Architectural Control Committee prior to construction, and must be continually maintained to present an attractive appearance, or, after 60 day notice, such walls, fences and fencing may be removed by the Developer and the cost thereof billed to the owner of the Home located on the applicable Lot (the “Home Owner”). If such a bill remains unpaid over 30 days, a lien may be attached and filed against any Home Owner in the same manner as in Section 14 below. pg.29 AGENDA 4.18 Each Home Owner shall comply strictly with the setback and building lines shown on the aforesaid Plat of the Subdivision. 4.19 All houses shall be landscaped upon completion, across the front elevation and any elevation which faces the street, which shall consist of ornamental shrubs, ground covers, mulch, ornamental rock and other materials which shall be approved by the Architectural Control Committee. However, temporary extensions may be granted during periods of inclement weather. 4.20 No Home may be leased at any time except by the Developer or with the prior written consent of the Developer, which may be withheld or conditioned in its sole discretion. 5. ROOFS. Shingles must have a textured design and appearance, and be constructed of fiberglass, asphalt shingle, or wood materials. Any questions on architectural shingles meeting requirements will be addressed to the Architectural Control Committee. 6. MAILBOXES. All Lots will be required to install matching mailboxes, which will be furnished by the Developer for installation at time of completion of residence. If mailbox must be replaced, the box installed in its place shall be of the same type and design, and shall be purchased by the Home Owner. 7. LIVESTOCK AND PETS. No animals, livestock or poultry of any kind shall be raised, bred or kept on any Lot, except dogs or cats kept inside as house pets. No pets of any kind will be permitted to be kept outside the dwelling in exterior kennels or houses, or maintained for any commercial purpose. 8. CONSTRUCTION OF HOMES, MAINTENANCE OF PROPERTY. 8.1 During the construction of any Home, any littering or damage to the public and private roadways and easements in the Subdivision, and any cleanup of them, (including mud), shall be the responsibility of the Developer. During the maintenance or refurbishment of any Home or Lot, any littering or damage to the public and private roadways and easements in the Subdivision, and any cleanup of them, (including mud), shall be the responsibility of the Home Owner upon which such work is being performed. 8.2 Each Home Owner shall be responsible for mowing and landscape maintenance of their Lot up to the property line of said Lot, and up to the street curb or curbs, such that the Lot will always present a neat and attractive appearance. Landscaping shall be completed upon completion of the Home. However, temporary extensions for landscape completion may be granted during periods of inclement weather. 8.3 The burning of any material outside of any Home shall be prohibited at all times. 8.4 All sites shall have a finish grade that will allow the natural flow of surface drainage water from one building envelope to another without erosion or damage. Under no pg.30 AGENDA circumstances shall the Home Owner or parcel of land in the Subdivision alter the topographic conditions of any property in any way that will permit or cause additional quantities of water to flow from or across said Lot and onto any adjoining property or public right-of-way. Grading shall be sloped and tapered at the side or rear building envelope lines in such a manner as to permit construction on an adjacent Lot without the need for retaining walls. Gutter downspouts run-off shall be connected to storm sewers whenever permitted by municipal regulations, but shall never be connected to any sanitary sewer. 8.5 it shall be the responsibility of the Developer to construct sidewalks at the Developer’s cost at the time of construction. Sidewalks shall be located along the street, shall be five (5) feet wide, and of concrete not less than 4 inches thick. Sidewalks will be constructed upon the completion of each residence. 8.6 Construction of the residence must be completed within 12 months of commencement thereof. 9. GARBAGE AND REFUSE DISPOSAL. No Lot shall be used or maintained as a dumping ground for rubbish, trash or garbage. Trash, rubbish and garbage, or other wastes, shall not be kept, except in sanitary containers provided by Republic Services or other Waste Removal company, except on collection days, when said sanitary containers may be placed near the platted streets for collection. 10. SIGNS. No signs of any kind shall be displayed to the public view on any Lot, at any time, with the exception of Real Estate signs. Political signs, no larger than 26” by 16” may be placed on a Lot from 30 days prior to an election and must be removed within 72 hours after the election. 11. STORMWATER DRAINAGE OR DETENTION FACILITIES. Development and maintenance of stormwater drainage and/or detention facilities in the Subdivision, to the extent required under applicable municipal ordinance and regulations, shall be the responsibility of the Developer, or, in the event that Developer no longer owns real property in the Subdivision, then such maintenance obligations shall fall to the owner of each Lot in the Subdivision. 12. TREES. Planting and maintenance of trees along the street frontage of all land developments in the Subdivision, to the extent required under applicable municipal ordinance and regulations, shall be the shall be the responsibility of the Developer, or, in the event that Developer no longer owns real property in the Subdivision, then such maintenance obligations shall fall to the owner of each Lot in the Subdivision. 13. EASEMENTS. Easements for installation, construction, reconstruction and maintenance of utilities and drainage facilities (including access thereto) are hereby reserved, as shown on the above mentioned recorded plat of the Subdivision. No building or any other pg.31 AGENDA structure of any kind shall be placed on, in, or over any such easement; any such building or structure shall be removed at the expense of the Home owner. 14. DEVELOPER RIGHTS. Developer shall have the right to assign the rights and obligations herein granted to or required of Developer. The rights and obligations of the Developer hereunder shall inure to the benefit of and bind the successors and assigns of Developer, if such successors or assigns acquire or succeed to ownership of any real property within the Subdivision. Any subsequent Developer shall be responsible in the same manner as Grantor with respect to the obligations of Developer hereunder. 15. MISCELLANEOUS. Developer shall have the right to enforce, by any proceeding at law or in equity, all of the covenants, conditions, restrictions and provisions hereof, either to restrain or enjoin a violation or threatened violation or to recover damages. Failure or forbearance by Developer to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. In any legal action filed by Developer against a Home Owner or if the Developer retains legal counsel without filing a legal action in order to enforce any covenant or restriction herein contained or adopted pursuant to Developer rules or regulations of any action to recover damages on account of breach of any such covenant, restriction, rule or regulation, the Home Owner shall be personally liable for and pay the Developer’s reasonable attorneys’ fees and costs incurred with or without legal action. If the attorneys’ fees and costs are not paid by the Home Owner within thirty (30) days after the Developer has given written notice thereof to the Home Owner by certified mail, return receipt requested, then the fees and costs shall thereafter bear interest at the greater of 15% per annum or the maximum rate permitted by law in Illinois, and Developer may execute and acknowledge an instrument reciting the debt and causing the instrument to be recorded in the real estate records of Madison County, Illinois, thereupon the debt shall become a continuing lien on the Lot, the Home and/or any real property, fixtures, and/or improvements which shall bind the Home Owner and such Home Owner’s heirs, successors and assigns. 16. AMENDMENT OF RESTRICTIONS. So long as Developer owns any real property in the Subdivision, Developer shall have the right from time to time to unilaterally amend, modify or change these Restrictions and the provisions herein, including the right to add new burdens or restrictions on Home Owners and Lots, by recording such amendment in the real estate records of Madison County, Illinois. So long as Developer owns any real property in the Subdivision, these Restrictions may not be amended, modified or changed without the prior written consent of Developer. pg.32 AGENDA IN WITNESS WHEREOF, Grantor has executed these Restrictions as of the date first above written. GRANTOR: CREVO CAPITAL, LLC, an Illinois Limited Liability Company By:___________________________________ Name:________________________________ Title:_________________________________ STATE OF ILLINOIS ) ) SS COUNTY OF _____________ ) I, the undersigned, a notary public in and for said County in the State aforesaid, DO HEREBY CERTIFY THAT _________________________________, as the ________________ of _________________________________, personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that (s)he signed and delivered the said instrument as his/her own free act and deed as ______________ of said ______________________________. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the County and State aforesaid, this ____ day of ____________________, 20__. Notary Public My commission expires: pg.33 AGENDA EXHIBIT A LEGAL DESCRIPTION OF SUBDIVISION pg.34 AGENDA pg.35 AGENDA Bluff Falls – Engineer’s Report Bluff Falls is a proposed single family residential development to be constructed along New Poag Road near Stadium Drive on a tract of ground currently in unincorporated Madison County. The developer is proposing to annex the property with a zoning of R-1 for single family homes. INFRASTRUCTURE PROPOSED • The sanitary sewer for this site will be achieved thru 8” sanitary sewer main extensions from the existing 12” sanitary sewer trunk line that traverses the site. The existing sanitary sewer system is owned and maintained by the City of Edwardsville. The proposed sanitary sewer will be designed and constructed per the City’s requirements as the proposed sewers will be owned and maintained by the City of Edwardsville. • The water for this site will be achieved thru 8” and 6” water mains and will connect to an existing 18” water main owned and maintained by the City of Edwardsville. The proposed water mains will be designed and constructed per the City’s requirements as the proposed water mains will be owned and maintained by the City of Edwardsville. • Storm sewers, curb inlets and area inlets will be constructed to convey storm water to the discharge locations or to detention facilities. The storm sewers located within public roadways will be maintained by the City of Edwardsville. The storm sewers located outside of public ROW will be maintained by the homeowners’ association. • Roadways will be concrete or asphalt with concrete curb and gutter streets per the City’s requirements. • Electric, gas, and fiber optic will be provided by the local private utility companies. The infrastructure for these utilities will be installed underground. SITE CONSTRAINTS • Flood Hazard: The FIRM maps for this project site are 170436 0095 and 170436 0115 B and the site is located within Zone C per these maps. The project is protected by the levee. There are drainageways that traverse the site that will be reviewed by the USACE for any 404 permitting. The initial site visit with a USACE representative has indicated that these drainageways are not jurisdictional. Please see the preliminary drainage report for more detail. • IDOT: The parcel is not adjacent to IDOT right-of-way and does not require access from an IDOT roadway. • SHPO: The archaeological review of this site resulted in one site (11MS31) that was recorded and determined eligible for the National Register. The limits of this area are identified on the preliminary plat. • IDNR – Endangered Species – The site has been submitted to IDNR for endangered species and the clearance is pending IDNR’s review. pg.36 AGENDA CONSULTING ENGINEERING GEOSPATIAL SERVICES ILLINOIS SWANSEA WATERLOO EDWARDSVILLE PEORIA MISSOURI ST. CHARLES ST. LOUIS TENNESSEE NASHVILLE THOUVENOT, WADE & MOERCHEN, INC. SWANSEA OFFICE 4940 OLD COLLINSVILLE RD. SWANSEA, ILLINOIS 62226 (618) 624-4488 WWW.TWM-INC.COM D01201293 PROJECT: BLUFF FALLS CITY OF EDWARDSVILLE MADISON COUNTY ILLINOIS TITLE: SITE DRAINAGE PATTERNS EXISTING CONDITIONS A.1 LEGEND pg.37 AGENDA CONSULTING ENGINEERING GEOSPATIAL SERVICES ILLINOIS SWANSEA WATERLOO EDWARDSVILLE PEORIA MISSOURI ST. CHARLES ST. LOUIS TENNESSEE NASHVILLE THOUVENOT, WADE & MOERCHEN, INC. SWANSEA OFFICE 4940 OLD COLLINSVILLE RD. SWANSEA, ILLINOIS 62226 (618) 624-4488 WWW.TWM-INC.COM D01201293 PROJECT: BLUFF FALLS CITY OF EDWARDSVILLE MADISON COUNTY ILLINOIS TITLE: SITE DRAINAGE PATTERNS PROPOSED CONDITIONS A.2 LEGEND pg.38 AGENDA CONSULTING ENGINEERING Thouvenot, Wade & Moerchen, Inc. GEOSPATIAL SERVICES Swansea Corporate Office 4940 Old Collinsville Rd. Swansea, Illinois 62226 Tel. 618.624.4488 www.twm-inc.com OPINION OF PROBABLE CONSTRUCTION COST Project: Bluff Falls Client: Crevo Capital Project No.: D01201293 Date of Estimate: 6/21/2021 Line Item No. Item Description Quantity Unit Unit Cost Total Item Cost Construction Costs Group I EARTHWORK AND EROSION CONTROL 1.1 Earthwork 95000 CY $ 4.00 $ 380,000.00 1.2 Erosion Control 1 LS $ 20,000.00 $ 20,000.00 1.3 Silt Fence 1 LS $ 15,000.00 $ 15,000.00 Group II PAVEMENT 2.1 Lime stablization 10000 CY $ 5.00 $ 50,000.00 2.2 Concrete pavement 30000 SY $ 40.00 $ 1,200,000.00 2.3 Sidewalk 5' wide 80000 SF $ 7.00 $ 560,000.00 Group III SANITARY SEWER 3.1 Manholes 30 Each $ 3,500.00 $ 105,000.00 3.2 8" santiary sewer 10300 LF $ 50.00 $ 515,000.00 3.3 Laterals 122 Each $ 1,500.00 $ 183,000.00 3.4 Aggregate backfill 500 CY $ 30.00 $ 15,000.00 Group IV STORM SEWER 4.1 Storm sewer inlets 70 Each $ 3,000.00 $ 210,000.00 4.2 Storm sewer pipes 6200 LF $ 45.00 $ 279,000.00 4.3 Aggregate backfill 500 CY $ 30.00 $ 15,000.00 Group V WATER MAIN 5.1 Water main 8" 10300 LF $ 35.00 $ 360,500.00 5.2 Fire Hydrants 10 Each $ 6,000.00 $ 60,000.00 5.3 Aggregate backfill 500 CY $ 30.00 $ 15,000.00 OPINION OF PROBABLE TOTAL CONSTRUCTION COST $ 3,982,500.00 The quantities and prices shown are an engineering opinion of probable construction cost to assist the client in identifying the magnitude of construction cost. Costs are not based on contractor's bids, and actual construction cost may vary. Costs are estimated on present day costs and do not reflect future inflation or seasonal adjustments. 100% Employee Owned ILLINOIS: Swansea • Edwardsville • Waterloo EXCEPTIONAL SERVICE | NOTHING LESS MISSOURI: St. Louis • St. Charles P:\2020\201293\8 Specs - Cost Opinions - Reports\8.1 Cost Estimates & Quantities\2021-6-21 Opinion of Probable Construct Cost Bluff Falls 6/24/2021 1 of 1 pg.39 AGENDA Applicant: Thouvenot Wade & Moerchen Inc. IDNR Project Number: 2115012 Contact: Kyle Lynch Date: 06/23/2021 Address: 4940 Old Collinsville Road Swansea, IL 62226 Project: Bluff Falls Address: New Poag Road, Edwardsville Description: New Residential subidivison. Natural Resource Review Results Consultation for Endangered Species Protection and Natural Areas Preservation (Part 1075) The Illinois Natural Heritage Database shows the following protected resources may be in the vicinity of the project location: Bohm Woods INAI Site Bohm Woods Nature Preserve E. Dora Bohm Memorial Nature Preserve William And Emma Bohm Memorial Nature Preserve Illinois Chorus Frog (Pseudacris illinoensis) An IDNR staff member will evaluate this information and contact you to request additional information or to terminate consultation if adverse effects are unlikely. Location The applicant is responsible for the accuracy of the location submitted for the project. County: Madison Township, Range, Section: 4N, 8W, 7 4N, 8W, 8 4N, 8W, 17 IL Department of Natural Resources Government Jurisdiction Contact IL Environmental Protection Agency Brian Willard Division of Water Pollution Control 217-785-5500 1021 North Grand Avenue East Division of Ecosystems & Environment Springfield, Illinois 62794 Disclaimer The Illinois Natural Heritage Database cannot provide a conclusive statement on the presence, absence, or condition of natural resources in Illinois. This review reflects the information existing in the Database at the time of this inquiry, and should not be regarded as a final statement on the site being considered, nor should it be a substitute for detailed site surveys or field surveys required for environmental assessments. If additional protected resources are encountered during the project¶s implementation, compliance with applicable statutes and regulations is required. Page 1 of 2 pg.40 AGENDA IDNR Project Number: 2115012 Terms of Use By using this website, you acknowledge that you have read and agree to these terms. These terms may be revised by IDNR as necessary. If you continue to use the EcoCAT application after we post changes to these terms, it will mean that you accept such changes. If at any time you do not accept the Terms of Use, you may not continue to use the website. 1. The IDNR EcoCAT website was developed so that units of local government, state agencies and the public could request information or begin natural resource consultations on-line for the Illinois Endangered Species Protection Act, Illinois Natural Areas Preservation Act, and Illinois Interagency Wetland Policy Act. EcoCAT uses databases, Geographic Information System mapping, and a set of programmed decision rules to determine if proposed actions are in the vicinity of protected natural resources. By indicating your agreement to the Terms of Use for this application, you warrant that you will not use this web site for any other purpose. 2. Unauthorized attempts to upload, download, or change information on this website are strictly prohibited and may be punishable under the Computer Fraud and Abuse Act of 1986 and/or the National Information Infrastructure Protection Act. 3. IDNR reserves the right to enhance, modify, alter, or suspend the website at any time without notice, or to terminate or restrict access. Security EcoCAT operates on a state of Illinois computer system. We may use software to monitor traffic and to identify unauthorized attempts to upload, download, or change information, to cause harm or otherwise to damage this site. Unauthorized attempts to upload, download, or change information on this server is strictly prohibited by law. 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Page 2 of 2 pg.41 AGENDA Bluff Falls Preliminary Plat Staff Report Bluff Falls Preliminary Plat Plan Commission Monday, August 16, 2021 Development name: Bluff Falls Subdivision Location: The subject property is located on the north side of New Poag Road just west of Stadium Drive (PIN 14-1-15-17-00-000-001 & 14-1-15-07-00-000- 014) Owner/Developer: Bluff Property LLC /Crevo Capital Zoning: The properties are located within unincorporated Madison County and is zoned “A” Agricultural District pg.42 AGENDA Bluff Falls Preliminary Plat Property Size: Approximately 52.5 acres Topography: The subject properties are predominately flat decreasing in elevation from east to west towards an existing drainage ditch and toward Outlot- H Vegetation: The subject properties have been regularly used for row crops in the recent past. There is an existing tree line along the north property line of the subject site. Utilities and Services: Once extended throughout the site, the City of Edwardsville will provide sanitary sewer, water and fire protection to the subject tract. Electric & gas utilities will be provided by Ameren Illinois Access: Site will be accessed via one entrance off of New Poag Road Sidewalks: The developer is proposing 5-foot sidewalks throughout the subdivision 2010 Comprehensive Plan: The subject property is designated as “Special Interest Planning Area” Staff Discussion: The Bluff Falls proposal is a 121 lot single-family subdivision. Annexation: The subject tract is currently located in unincorporated Madison County. It will be annexed as part of the development proposal and will be subject to any/all city fees, including annexation fee and school impact fee. Roadways: The subdivision consists of Local Access and Secondary Access streets, with right-of-way measuring 50- feet and 60-feet respectively. Utilities: Water connections will be made to the public main located on the north side of New Poag Road. Sanitary sewer connections will be made to the existing lines within PIN # 14-1-15-17-00-000-001. A storm water line will be installed throughout the property as well. The developer intends on using Outlots B and H as primary detention areas for the subdivision, with additional detention provided in easements to the south, between the subject site and New Poag Road. Additional drainage information has been provided based on discussion at Land Use Committee. Greenspace: The developer is meeting the 10% greenspace requirement with several outlots that consist of a clubhouse/office, sports fields, garden area, and play area. pg.43 AGENDA Bluff Falls Preliminary Plat Greenspace Proposed Required Active 5.81 3.91 Passive 2.25 1.96 Based on conversation and questions at the July 22 Land Use Committee meeting, the developer has submitted an aerial image showing the drainage patterns for this subject property. All other concerns have been addressed by the developer. Also during the July 22 Land Use Committee meeting, there was conversation about the Comprehensive Plan Future Land Use Map. The FLUM identifies this area as “Special Interest Planning Area” and specifically calls out the American Bottom area as a unique planning area due to a variety of factors, including: (1) the warehouse / trucking / storage businesses that have developed here; (2) it’s location in a levee protected flood plain; and (3) special TIF and/or Enterprise Zone areas that exist in parts of the area. This subdivision fits into the land use district of Neighborhood within the Comprehensive Plan. The Neighborhood District is “a mix of residential uses which also supports a limited number of nonresidential uses that provide services to the neighborhood residents.” A neighborhood district is made up of individual neighborhoods and subdivisions. The Bluff Falls Preliminary Plat is aligned with the Neighborhood Policies noted within the Comprehensive Plan. Staff Recommendation: Staff recommend approval of the Preliminary Plat. pg.44 AGENDA PLAN COMMISSION DATE: August 17, 2021 TO: MAYOR CITY COUNCIL ADMINISTRATIVE & COMMUNITY SERVICES COMMITTEE FROM: PLAN COMMISSION ITEM: Text Amendment regarding short-term rentals: 1. Adding Section 1248.02.31 to the zoning code 2. Update definitions related to short-term rentals, located in Section 1252.02 of the zoning code MOTION: Move for approval. VOTE: Ayes: 9 Boline,Wencewicz, Schlueter, Gerber, Harr, Miracle, Pepper, Pierceall, Scheffel Nays: 0 Abstains: 0 COMMENTS: SIGNATURE: s/ Mike Boline, Chairman Meeting Dates: Plan Commission – August 16, 2021 pg.45 AGENDA PLAN COMMISSION DATE: August 17, 2021 TO: MAYOR CITY COUNCIL ADMINISTRATIVE & COMMUNITY SERVICES COMMITTEE FROM: PLAN COMMISSION ITEM: Text Amendment regarding variances for building height: 1. Amendment to Section 1244.02.3 adding building height to the list of permissable variances. MOTION: Move for approval. VOTE: Ayes: 9 Boline,Wencewicz, Schlueter, Gerber, Harr, Miracle, Pepper, Pierceall, Scheffel Nays: 0 Abstains: 0 COMMENTS: SIGNATURE: s/ Mike Boline, Chairman Meeting Dates: Plan Commission – August 16, 2021 pg.46 AGENDA August 31, 2021 Honorable Mayor Risavy And City Council City of Edwardsville 118 Hillsboro Avenue Edwardsville, IL 62025 Re: Case 2021-35 Resolution for a Special Use Permit for 303 South Kansas Street (PID 14-2- 15-11-15-404-012) from R-1 Single Family Residence District Dear Mayor and Council: Your Zoning Board of Appeals transmits for your consideration its recommendations on a Special Use Permit to allow the owner of 303 South Kansas Street to allow a bed and breakfast as a home occupation. The property is currently zoned R-1 Single Family Residence District. After due notice as required by law, the Zoning Board of Appeals held a public hearing on August 23, 2021 at City Hall, 118 Hillsboro Avenue, Edwardsville, Illinois. The Zoning Board of Appeals recommended approval of the Special Use Permit with a vote of 4 ayes, 0 nays and 0 abstain, based on the following findings of fact: 1. Existing use(s) and zoning of the property in question. The subject property is currently zoned R-1 Single Family Residence District. 2. Existing uses and zoning of nearby property and relationship to Edwardsville’s adopted comprehensive plan. Direction Zoning Designation Use “R-1” Single-Family Residential North Single-Family Dwelling District “R-1” Single-Family Residential South Single-Family Dwelling District East “B-1C” Downtown Transition District Commercial “R-1” Single-Family Residential West Commercial District pg.47 AGENDA Zoning Board of Appeals - Page 2 of 2 303 South Kansas Street Zoning Resolution of a Special Use Permit 3. Extent to which property value diminishes adjacent to the zoned parcels. Value decrease to be supplied by the petitioner and made by professional appraiser. No property value information provided by petitioner. 4. Extent to which the proposed change alters or promotes the public health, safety morals or general welfare. The proposed use will neither alter nor promote the public health, safety, morals, or general welfare of the community. 5. The relative gain to the public as compared to the hardship imposed upon the property owners, and there is a need for the proposed special use. The proposed Bed & Breakfast use would provide Edwardsville’s visitors with a more local experience for their stay. However, this type of special use could allow for potential hardships for adjoining property owners such as neighborhood disturbances and increased traffic due to transient tenants. 6. The suitability of the subject property for the zoned purposes indicated by ordinance. The property is suitable for the Permitted Uses listed in the R-1 Single-Family Residential District and could easily be occupied by a permitted use (e.g. single-family dwelling). According by a vote of 4 ayes, 0 nays, and 0 abstain, the Zoning Board of Appeals recommend approval of the requested Special Use Permit. Respectfully submitted, Bob Hotz Bob Hotz Chairman Zoning Board of Appeals pg.48 AGENDA August 31, 2021 Honorable Mayor Risavy And City Council City of Edwardsville 118 Hillsboro Avenue Edwardsville, IL 62025 Re: Case 2021-36 Resolution for a Variance for 1425 McCoy Drive (PID 14-2-15-12-04-406- 021) from R-1 Single Family Residence District Dear Mayor and Council: Your Zoning Board of Appeals transmits for your consideration its recommendations on a Variance to allow a side yard setback of 4.3 feet to the west property line, rather than the required 10 feet at 1425 McCoy Drive. The property is currently zoned R-1 Single Family Residence District. After due notice as required by law, the Zoning Board of Appeals held a public hearing on August 23, 2021 at City Hall, 118 Hillsboro Avenue, Edwardsville, Illinois. The Zoning Board of Appeals recommended denial of the Variance. A motion to approve the request failed with a vote of 0 ayes, 4 nays and 0 abstain, based on the following findings of fact: 1. Existing use(s) and zoning of the property in question. The subject property is currently zoned R-1 Single Family Residence District. Direction Zoning Designation Use North “B-2” Commercial Business District Vacant Lot “R-1” Single-Family Residential South Single-Family Dwelling District “R-1” Single-Family Residential East Single-Family Dwelling District West “B-2” Commercial Business District Vacant Lot pg.49 AGENDA Zoning Board of Appeals - Page 2 of 3 1425 McCoy Drive Zoning Resolution of a Variance 2. The particular physical surroundings, shape or topographical condition of the specific property involved would result in a particular hardship upon the owner, as distinguished from a mere inconvenience or loss of revenue, if the strict letter of the regulations were carried out. The subject property is Lot 40 of a subdivision known as “Cheryl Lynn Estates” and contains approximately 18,600 sq. ft. Required setbacks in an “R-1” Single-Family Residential District are:  25 ft. front setback  10 ft. side setback  30 ft. rear setback There are no particular concerns about the physical surroundings, lot shape, or topographical conditions with this property. 3. The condition upon which the requested variance is based would not be applicable, generally to other property within the same zoning classification. This lot is irregular measuring ±95’ wide with a depth of 142.07’ on the west side and 210.40’ on the east side. The lot contains ±18,600 square feet in area and platted in 1978. The proposed 4.3’ side yard setback is not consistent with other homes in Cheryl Lynn Estates. 4. The alleged difficulty or hardship has not been created by any person presently having an interest in the property. The home was constructed in the late 1980’s and Madison County records indicate that the current owners have lived in the home since it was built. 5. The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located. The distance between the structure on the subject tract and the adjoining property to the west will be reduced as a result of the proposed variance. 6. The proposed variance will not impair an adequate supply of light and air to adjacent property, or substantially increase congestion in the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the neighborhood. The proposed variance would not. 7. The proposed variance complies with the spirit and intent of the restrictions imposed by this code. Staff’s opinion is that the variance request does not comply with the spirit and intent of the restrictions imposed by this code. pg.50 AGENDA Zoning Board of Appeals - Page 3 of 3 1425 McCoy Drive Zoning Resolution of a Variance 8. There is no self-imposed hardship. This request is considered a self-imposed hardship because the applicant was aware of the size and configuration of the structure on the lot at the time the property was acquired. Further, the City’s bulk standards for setbacks have not changed since 1987. The Zoning Board of Appeals recommended denial of the requested Variance. A motion to approve the request failed with a vote of 0 ayes, 4 nays and 0 abstain. Respectfully submitted, Bob Hotz Bob Hotz Chairman Zoning Board of Appeals pg.51 AGENDA DATE: 8/05/2021 ACTION ITEM TITLE: AN ORDINANCE ENACTING PROCEDURES FOR THE REIMBURESEMENT OF EXPENSES FOR CITY ELECTED OFFICIALS ORIGIN: Finance Director and City Attorney’s Office SUMMARY: The City has established policies for reimbursement of travel, training and meal expenses for City employees under the City Personnel Code. Elected Officials and appointed members of City Boards and Commissions are not subject to or regulated by the City Personnel Code since they are not City employees. The attached ordinance establishes rules and procedures for acceptable reimbursable expenses while conducting City business and gives staff guidance on what expenses are allowable RATIONALE: The City of Edwardsville believes stewardship over the use of its limited public resources must be a priority and taken seriously. Public resources should only be used when there is a substantial benefit to the City of Edwardsville. City staff desires to enact procedures for the reimbursement of expenses for the City’s elected officials, to govern the use and expenditure of City resources, as well as the standards against which those expenditures will be measured. Generally recognized reimbursable expenditures for the City’s elected officials include the opportunity to discuss the City’s concerns with other local, state and federal officials, business leaders and developers; participating in local, regional, state and national organizations whose activities affect the City; and attending educational seminars designed to improve the elected officials’ skills and information levels. To ensure there are clear guidelines on reimbursable expenses for City elected officials, the City desires to adopt the procedures outlined in this Ordinance to give direction both to the City’s elected officials and City staff and to ensure that City funds are properly safeguarded. COMPLIANCE WITH COMPREHENSIVE PLAN OR OTHER PLAN: Not applicable SUGGESTED COUNCIL ACTION: Staff requests approval of the proposed ordinance. pg.52 AGENDA ORDINANCE NO.________________ AN ORDINANCE ENACTING PROCEDURES FOR THE REIMBURESEMENT OF EXPENSES FOR CITY ELECTED OFFICIALS WHEREAS, the City of Edwardsville, Madison County, Illinois (hereinafter “City”) is an Illinois home-rule municipality; and WHEREAS, the City of Edwardsville believes stewardship over the use of its limited public resources must be a priority and taken seriously; and WHEREAS, public resources should only be used when there is a substantial benefit to the City of Edwardsville; and WHEREAS, the City Council desires to enact procedures for the reimbursement of expenses for the City’s elected officials, to govern the use and expenditure of City resources, as well as the standards against which those expenditures will be measured; and WHEREAS, generally recognized reimbursable expenditures for the City’s elected officials include the opportunity to discuss the City’s concerns with other local, state and federal officials, business leaders and developers; participating in local, regional, state and national organizations whose activities affect the City; and attending educational seminars designed to improve the elected officials’ skills and information levels; and WHEREAS, within the confines and as permissible by the procedures adopted by this Ordinance, the City Council recognizes that: (1) local, legislative and other regional, state and federal agency business is frequently conducted over meals; and (2) sharing a meal to discuss City business is frequently the best opportunity for a more extensive, focused and uninterrupted communication about the City’s policy concerns; and WHEREAS, within the confines and as permissible by the procedures adopted by this Ordinance, the City Council encourages the participation of its elected officials in educational conferences and meetings that can improve the governance of the City; and WHEREAS, to ensure there are clear guidelines on reimbursable expenses for City elected officials, the City desires to adopt the procedures outlined in this Ordinance to give direction both to the City’s elected officials and City staff and to ensure that City funds are properly safeguarded. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EDWARDSVILLE, ILLINOIS: Section 1. The above recitals are incorporated into this Section 1 as if fully stated herein. Section 2. That a new Article XI, Section 701, shall be added to Chapter 2 of the City Code as set forth in Exhibit A. pg.53 AGENDA Section 3. In the event a court of competent jurisdiction finds this ordinance or any provision hereof to be invalid or unenforceable as applied, such finding shall not affect the validity of the remaining provisions of this ordinance and the application thereof to the greatest extent permitted by law. Section 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed; provided, however, that nothing herein contained shall affect any rights, actions, or causes of action which shall have accrued to the City prior to the effective date of this ordinance. Section 5. This Ordinance shall be in full force and effect immediately after its passage and approval. ADOPTED this ________ day of _______________________, 202__, pursuant to a roll call vote as follows: AYES: NAYS: ABSENT: ABSTENTION: APPROVED by me this _______ day of ___________________, 202____. BY:_____________________________________ Art Risavy, Mayor ATTEST, this _________ day of ______________________, 202___. BY:__________________________________ Michelle Boyer, City Clerk pg.54 AGENDA EXHIBIT A Chapter 2 Administration, Article XI. City Elected Officials Expenses and Reimbursements Section 701: City Official Expense and Reimbursement Policy (a) Purpose. The City Elected Official Expense and Reimbursement Policy is hereby adopted and has been created to provide guidelines for the appropriate use of, and accountability for, the expenditure of City taxpayer dollars while conducting official business on behalf of the City of Edwardsville. These procedures encourage effective administration and provide internal controls over reimbursements of business expenses by City Elected Officials. It is the policy of the City to reimburse City Elected Officials for reasonable and necessary expenses incurred while engaging in authorized official City business. (b) Applicability. This policy is applicable to the City’s Elected Officials, namely the Mayor, Clerk and Aldermen of the City of Edwardsville and appointed members of City Boards and Commissions who are not subject to or regulated by the City Personnel Code. (c) Oversight. The City Administrator and Finance Director are responsible for enforcing the City Elected Official Expense & Reimbursement Policy, including: 1. Requiring the establishment and maintenance of records accounting for funds reimbursed; 2. Establishing appropriate forms for expense reimbursement requests; 3. Performing periodic audits of expense reimbursements; and 4. Making final determinations as to whether an expense is subject to reimbursement. (d) Allowable Expenses Subject to City Reimbursement. An allowable expense is defined as “an activity that will serve as a benefit to the City as a body, and at the same time is directly related to the functions of government”. Expenses must be for legitimate City governance purposes. Expenses that are not approved or are inadequately documented will not be reimbursed. If the expense involves airline travel and/or a hotel stay, a Pre-Approval Form must be completed and approved by the City Administrator prior to the event and such travel is subject to the City’s general Travel Policy. As long as the other requirements of this policy are met, all forms as may be prescribed are completed, any necessary pre-approvals are granted, and the City has budgeted for the expense, the following shall be allowable expenses subject to reimbursement by the City: 1. Hotel Stays. Hotel stays, when attending, in the capacity of a City elected official, a meeting, seminar or conference, at a location no closer than 75 miles from City Hall. The City Administrator shall have the discretion to waive the 75 miles restriction in cases of emergency or extenuating circumstances related to the timing of the meeting and/or travel conditions. pg.55 AGENDA 2. Meals. The following meals may be reimbursed: (1) meals associated with City business when the business meal is with one or more representatives of another local, state or national government agency, who is meeting in their official capacity for that unit of government, to discuss a policy position of the City that involves the other local, state or national government agency; (2) meals associated with City business when the business meal is with a developer, business owner, or representative of a community organization where the primary purpose is to discuss a City initiative or proposal involving the City and the other party to the meal; and (3) meals while attending, in the official capacity of a City elected official, a conference, seminar or meeting located outside of Edwardsville subject to the IRS reimbursement rates. Gratuities are limited to a maximum of 20% of the total bill. Unless other criteria are met, meals with other City Elected Officials to discuss City business shall not be subject to reimbursement. The meals of those dining with the elected official shall not be subject to reimbursement by the City. 3. Mileage. Mileage will be reimbursed for elected officials attending, in their capacity of a City elected official, offsite training, seminars, meetings, or other official City business as authorized at the IRS mileage reimbursement rate. However, no reimbursement shall be provided for attendance at City meetings and other official meetings of the City. 4. Parking. Parking will be reimbursed for elected officials attending offsite training, seminars, meetings or other official City business as authorized, provided original receipts are submitted. However, no reimbursement shall be provided for attendance at City meetings and other official meetings of the City that are located at City Hall. 5. General Transportation Costs. Transportation and tolls will be reimbursed for elected officials attending offsite training, seminars, meetings, or other official City business as authorized, provided receipts, cancelled tickets, ticket stubs, or other proof of the incurred expense are submitted. Transportation may include, but is not limited: public transportation, ride sharing services and taxi cabs. However, no reimbursement shall be provided for attendance at City meetings, including City Council and other official meetings of the City. 6. Materials. Educational materials, including books and training materials, related to official capacity of the City elected official. 7. Seminar Costs. Registration fees associated with attending conferences and seminars related to the roles and functions of the elected official and/or the City. 8. Community Luncheons. Registration and/or fees associated with attending luncheons or dinners sponsored by community, business and/or economic development groups, where the City elected official attends as a representative of the City. The reimbursement of any expenditures of a type other than those described above require approval of the City Council. (e) Prohibited Expenditure Reimbursements. The following shall be considered expenditures that are prohibited from being reimbursed: pg.56 AGENDA 1. Political contributions 2. Personal (non-City business) meals, travel or entertainment 3. Personal items or gifts unless given in an official capacity (e.g., Sister City trips, etc.). 4. Alcoholic beverages (except for special events where that cost is included in the ticket price) 5. Home expenses, including home telephone or internet services 6. Traffic citations, parking fines or penalties 7. Refreshments/supplies for non-business related special events 8. Golf outings where the registration fee is designed to raise money for a not-for-profit organization. 9. Family expenses, including partner’s expenses, when accompanying the City elected official on City-related business, unless said person is likewise acting in an official capacity on behalf of the City at the request of the City and as approved by the City Administrator or City Council. 10. Unsubstantiated expenses (f) Expense Reimbursement Procedures. As soon as possible, but at all times, no later than forty-five (45) days following the conclusion of the event, or the incurring of the expense, the City Elected Official must submit to the Finance Director, an Expense Report form detailing the expenses incurred. The request shall be on a form prescribed by the Finance Department and must include, at a minimum, the following information: 1. Proof of payment 2. If the expense is for travel (i.e., hotel stay and/or airfare), an approved travel expense report must accompany the submission, along with the appropriate receipt information. 3. For meals, a full receipt (including itemized details of what was ordered), the names of those in attendance, including their title and interest, and the business purpose of the meal. 4. For all other expenses, receipts must be submitted, with a detailed description of the business purpose for the expense. 5. The City Administrator and Finance Director must sign off on all Expense Reimbursement requests prior to the reimbursement being made. (g) City Issued Credit Cards. No City Elected Official shall be given or have access to a City issued credit card. However, nothing within this Policy shall prohibit an elected official from requesting that the City Administrator, or his or her designee, place a purchase on a City credit card so long as it an allowable expense and any necessary pre-approval forms have been completed and approved if the purchase is for a hotel or airfare. pg.57 AGENDA (h) City Catered Meals. From time-to-time, the City will host a meal or provide food as part of a City meeting with community leaders, business leaders, developers or staff. Nothing herein shall prohibit a City elected official from participating in such a meal or meeting. The City shall not, however, provide food prior to or during City Council meetings without a separately related purpose or limited situations where the food is provided as part of the meeting (e.g., works session involving budget discussions, etc.). (i) Policy and Reimbursement Questions. Any question from an elected official, the City Administrator or Finance Director related to this policy or a reimbursement shall be submitted in writing to the Corporation Counsel. Within 7 days of submission of the question, the Corporation Counsel shall submit a written response to the question with a copy to the City Administrator, Finance Director and City Council. pg.58 AGENDA DATE: September 2, 2021 ACTION ITEM TITLE: A Resolution Approving a Special Use Permit for a Bed and Breakfast Establishment as a Home Occupation at 303 South Kansas Street ORIGIN: Public Works SUMMARY: The proposed request is to allow a bed and breakfast as a home occupation for 303 South Kansas Street. This business would function as a short-term rental with guests staying between 2 to 90 days at a time. Following a public hearing before the Zoning Board of Appeals on August 23, 2021, the board recommended approval with a vote of 4 ayes, 0 nays, with the following conditions: 1. Approval is in the name of the applicant only and the Special Use Permit is not transferrable; and, 2. The applicants shall provide off-street parking for all guests. RATIONALE: Currently, the City is working on a Short-Term Rental ordinance that would ultimately allow for this type of proposed use at the subject property. As the ordinance is proposed now, the applicant would still need to obtain an SUP to operate what is considered a “Type B” Non-Owner Occupied Short-Term Rental unit on site. This involves an owner who rents out the whole short-term rental unit to one group of people on a daily basis. The ordinance has a potential timeline of being approved in September 2021. COMPLIANCE WITH COMPREHENSIVE PLAN: The Zoning Board of Appeals has determined that the proposed bed and breakfast establishment use complies with the comprehensive plan. SUGGESTED COUNCIL ACTION: Approval pg.59 AGENDA RESOLUTION NO.__________________ A RESOLUTION APPROVING A SPECIAL USE PERMIT FOR A BED AND BREAKFAST ESTABLISHMENT AS A HOME OCCUPATION AT 303 NORTH KANSAS STREET WHEREAS, a petition has been filed with the City of Edwardsville and referred to the Zoning Board of Appeals to request a Special Use Permit to allow the home occupation of a bed and breakfast establishment at 303 North Kansas Street; WHEREAS, public notice in the form required by law, was given of said July 31, 2021, public hearing by publication not more than 30 days nor less than 15 days prior to said hearing in The Intelligencer, a newspaper of general circulation in this City; and WHEREAS, the Zoning Board of Appeals has determined that the request for a Special Use Permit is consistent with the City of Edwardsville Comprehensive Plan and Zoning Ordinance and substantially meets the criteria for Standards for Special Use Permit, found in the ordinance; and WHEREAS, the Zoning Board of Appeals did at its August 23, 2021 Meeting recommend approval of this Special Use Permit request (Case 2021-35) with a vote of 4 ayes, 0 nays; and WHEREAS, the Administrative & Community Services Committee did on September 2, 2021, recommend approval of the Special Use Permit for a bed and breakfast home occupation with a vote of -- ayes and -- nays; and NOW THEREFORE, Be It Resolved by the City Council, City of Edwardsville, Illinois, that after appropriate review and discussion, the Special Use Permit for a bed and breakfast home occupation is hereby approved with the following conditions; This Resolution passed by the City Council, City of Edwardsville, Madison County, Illinois, and approved by the Mayor this ___ day of September, 2021 pursuant to a roll call vote as follows: AYES: NAYS: ABSENT: ABSTENTION: APPROVED by me this ___ day of September, 2021 By: ____________________________ Art Risavy, Mayor of the City of Edwardsville, Madison County, Illinois ATTESTED, Filed in my office, this ___ day of September, 2021 By: ____________________________ Michelle Boyer, Clerk of the City of pg.60 AGENDA Edwardsville, Madison County, Illinois. pg.61 AGENDA DATE: September 2, 2021 ACTION ITEM TITLE: A Resolution Approving a Variance for a Setback at 1425 McCoy Drive ORIGIN: Public Works SUMMARY: The applicant has requested a 5.7 foot variance that would allow the proposed addition to have a side yard setback of 4.3 feet instead of the required 10 feet. The request would allow an addition to a single family residence. Following a public hearing before the Zoning Board of Appeals on August 23, 2021, the motion for approval failed with a vote of 0 ayes and 4 nays. RATIONALE: The applicant has requested the variance to reduce the required setback of the side yard in order to construct an addition to the existing residence. The existing residence is currently setback 14.2-feet from the side property line, while the proposed 288 square foot addition would result in a rear setback of only 4.3 feet. This request results in a self-created hardship. COMPLIANCE WITH COMPREHENSIVE PLAN: N/A SUGGESTED COUNCIL ACTION: Denial pg.62 AGENDA RESOLUTION NO.__________________ A RESOLUTION APPROVING A VARIANCE FOR A SETBACK AT 1425 MCCOY DRIVE WHEREAS, a petition has been filed with the City of Edwardsville and referred to the Zoning Board of Appeals to request a Variance from the setback requirements to allow a 4.3 feet setback rather than the required 10 foot side yard setback; and WHEREAS, public notice in the form required by law, was given of the August 23, 2021 public hearing, by publication on July 31, 2021, not more than 30 days nor less than 15 days prior to said hearing, in The Intelligencer, a newspaper of general circulation in this City; and WHEREAS, the request for a Variance is not consistent with the City of Edwardsville Comprehensive Plan and Zoning Ordinance and substantially does not meet the criteria for Standards for Variances found in the ordinance; and WHEREAS, the Zoning Board of Appeals did at its August 23, 2021 meeting, move for approval of this Variance request (Case 2021-36) for a reduction in the side yard setback to 4.3 feet and said motion failed by a vote of 0 ayes and 4 nays; and WHEREAS, the Administrative & Community Services Committee did on September 2, 2021, recommend approval of the Variance request (Case 2021-36) for a reduction in the side yard setback to 4.3 feet, by a vote of ___ ayes and ___ nays; and NOW THEREFORE, Be It Resolved by the City Council, City of Edwardsville, Illinois, that after appropriate review and discussion, the Variance for a reduction in the side yard setback to 4.3 feet is hereby ___. This Resolution passed by the City Council, City of Edwardsville, Madison County, Illinois, and approved by the Mayor this day of September, 2021 pursuant to a roll call vote as follows: AYES: NAYS: ABSENT: ABSTENTION: APPROVED by me this day of September, 2021 By: ____________________________ Art Risavy, Mayor of the City of Edwardsville, Madison County, Illinois ATTESTED, Filed in my office, this day of September, 2021 By: ____________________________ Michelle Boyer, Clerk of the City of Edwardsville, Madison County, Illinois. pg.63 AGENDA DATE: September 12, 2021 ACTION ITEM TITLE: A Parade Resolution Approving IDOT Temporary Closure of Highways for Edwardsville High School Homecoming Parade on September 29, 2021. ORIGIN: City Clerk SUMMARY: The Edwardsville High School is sponsoring the Homecoming Parade on September 29, 2021.. We are requesting permission for the temporary closure of SR 143, 159, and 157, State Highways in the City of Edwardsville, from Union Street to Main and Vandalia and from Schwarz and West Street to Main and Vandalia. RATIONALE: Resolution must be approved in order to receive permission from IDOT for the temporary closures of state highways to conduct the Edwardsville High School Homecoming Parade on September 29, 2021.. COMPLIANCE WITH COMPREHENSIVE PLAN OR OTHER PLAN: N/A SUGGESTED COUNCIL ACTION: APPROVAL pg.64 AGENDA Parade Resolution WHEREAS, the Edwardsville/Glen Carbon Chamber of Commerce is sponsoring a Parade in the City of Edwardsville which constitutes a public purpose; and WHEREAS, this Parade will require the temporary closure of SR 143, 159 & 157, a State Highway in the City of Edwardsville from Union Street to Main and Vandalia and from Schwarz and West Street to Main and Vandalia; and WHEREAS, Section 4-408 of the Illinois Highway Code authorizes the Department of Transportation to issue permits to local authorities to temporarily close portions of State Highways for such public purposes. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Edwardsville that permission to close off SR 143, 159 & 157 from Union Street to Main and Vandalia Street and from Schwarz and West Street (SR 157) to Main and Vandalia as above designated, be requested of the Department of Transportation. BE IT FURTHER RESOLVED that this closure shall occur during the approximate time period between 6:00 p.m. to 8:00 p.m. on September 29, 2021. BE IT FURTHER RESOLVED that this closure is for the public purpose of the Homecoming Parade. BE IT FURTHER RESOLVED that traffic from that closed portion of highway shall be detoured over routes with an all-weather surface that can accept the anticipated traffic, which will be maintained to the satisfaction of the Department and which is conspicuously marked for the benefit of traffic diverted from the State highway. (The parking of vehicles shall be prohibited on the detour routes to allow an uninterrupted flow of two-way traffic.) The detour route shall be as follows: E Union to N Kansas to N Buchanan and Schwarz to Buchanan. BE IT FURTHER RESOLVED that the City of Edwardsville assumes full responsibility for the direction, protection, and regulation of the traffic during the time the detour is in effect. BE IT FURTHER RESOLVED that police officers or authorized flaggers shall at the expense of the City of Edwardsville be positioned at each end of the closed section and at other points (such as intersections) as may be necessary to assist in directing traffic through the detour. BE IT FURTHER RESOLVED that police officers, flaggers, and officials shall permit emergency vehicles in emergency situations to pass through the closed area as swiftly as is safe for all concerned. BE IT FURTHER RESOLVED that all debris shall be removed by the City of Edwardsville prior to reopening the State highway. pg.65 AGENDA BE IT FURTHER RESOLVED that such signs, flags, barricades, etc., shall be used by the City of Edwardsville as may be approved by the Illinois Department of Transportation. These items shall be provided by the City of Edwardsville. BE IT FURTHER RESOLVED that the closure and detour shall be marked according to the Illinois Manual on Uniform Traffic Control Devices. BE IT FURTHER RESOLVED that an occasional break shall be made in the procession so that traffic may pass through. In any event, adequate provisions will be made for traffic on intersecting highways pursuant to conditions noted above. BE IT FURTHER RESOLVED that to the fullest extent permitted by law, the City of Edwardsville shall be responsible for any and all injuries to persons or damages to property, and shall indemnify and hold harmless the Illinois Department of Transportation, its officers, employees and agents from any and all claims, lawsuits, actions, costs and fees (including reasonable attorneys’ fees and expenses) of every nature or description, arising out of, resulting from or connected with the exercise of authority granted by the Department which is the subject of this resolution. The obligation is binding upon the City of Edwardsville regardless of whether or not such claim, damage, loss or expense is caused in part by the act, omission or negligence of the Department or its officers, employees or agents. BE IT FURTHER RESOLVED that the City of Edwardsville shall provide a comprehensive general liability policy or an additional named insured endorsement in the minimum amount of $1,000,000 per person and $2,000,000 aggregate which has the Illinois Department of Transportation, its officials, employees and agents as insureds and which protects them from all claims arising from the requested road closing. A copy of said policy or endorsement will be provided to the Department before the road is closed. BE IT FURTHER RESOLVED that a copy of this resolution be forwarded to the Illinois Department of Transportation, District 8, to serve as a formal request for the permission sought in this resolution and to operate as part of the conditions of said permission. APPROVED by the City Council of the City of Edwardsville this _______________ day of _______________________________ 20 _____ A.D. ____________________________________________ Art Risavy, Mayor ATTEST: ________________________________________ Michelle Boyer, City Clerk pg.66 AGENDA Parade Resolution WHEREAS, the Edwardsville/Glen Carbon Chamber of Commerce is sponsoring a Parade in the City of Edwardsville which constitutes a public purpose; and WHEREAS, this Parade will require the temporary closure of SR 143, 159 & 157, a State Highway in the City of Edwardsville from Union Street to Main and Vandalia and from Schwarz and West Street to Main and Vandalia; and WHEREAS, Section 4-408 of the Illinois Highway Code authorizes the Department of Transportation to issue permits to local authorities to temporarily close portions of State Highways for such public purposes. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Edwardsville that permission to close off SR 143, 159 & 157 from Union Street to Main and Vandalia Street and from Schwarz and West Street (SR 157) to Main and Vandalia as above designated, be requested of the Department of Transportation. BE IT FURTHER RESOLVED that this closure shall occur during the approximate time period between 6:00 p.m. to 10:00 p.m. on October 31, 2021. BE IT FURTHER RESOLVED that this closure is for the public purpose of the Halloween Parade. BE IT FURTHER RESOLVED that traffic from that closed portion of highway shall be detoured over routes with an all-weather surface that can accept the anticipated traffic, which will be maintained to the satisfaction of the Department and which is conspicuously marked for the benefit of traffic diverted from the State highway. (The parking of vehicles shall be prohibited on the detour routes to allow an uninterrupted flow of two-way traffic.) The detour route shall be as follows: E Union to N Kansas to N Buchanan and Schwarz to Buchanan. BE IT FURTHER RESOLVED that the City of Edwardsville assumes full responsibility for the direction, protection, and regulation of the traffic during the time the detour is in effect. BE IT FURTHER RESOLVED that police officers or authorized flaggers shall at the expense of the City of Edwardsville be positioned at each end of the closed section and at other points (such as intersections) as may be necessary to assist in directing traffic through the detour. BE IT FURTHER RESOLVED that police officers, flaggers, and officials shall permit emergency vehicles in emergency situations to pass through the closed area as swiftly as is safe for all concerned. BE IT FURTHER RESOLVED that all debris shall be removed by the City of Edwardsville prior to reopening the State highway. pg.67 AGENDA BE IT FURTHER RESOLVED that such signs, flags, barricades, etc., shall be used by the City of Edwardsville as may be approved by the Illinois Department of Transportation. These items shall be provided by the City of Edwardsville. BE IT FURTHER RESOLVED that the closure and detour shall be marked according to the Illinois Manual on Uniform Traffic Control Devices. BE IT FURTHER RESOLVED that an occasional break shall be made in the procession so that traffic may pass through. In any event, adequate provisions will be made for traffic on intersecting highways pursuant to conditions noted above. BE IT FURTHER RESOLVED that to the fullest extent permitted by law, the City of Edwardsville shall be responsible for any and all injuries to persons or damages to property, and shall indemnify and hold harmless the Illinois Department of Transportation, its officers, employees and agents from any and all claims, lawsuits, actions, costs and fees (including reasonable attorneys’ fees and expenses) of every nature or description, arising out of, resulting from or connected with the exercise of authority granted by the Department which is the subject of this resolution. The obligation is binding upon the City of Edwardsville regardless of whether or not such claim, damage, loss or expense is caused in part by the act, omission or negligence of the Department or its officers, employees or agents. BE IT FURTHER RESOLVED that the City of Edwardsville shall provide a comprehensive general liability policy or an additional named insured endorsement in the minimum amount of $1,000,000 per person and $2,000,000 aggregate which has the Illinois Department of Transportation, its officials, employees and agents as insureds and which protects them from all claims arising from the requested road closing. A copy of said policy or endorsement will be provided to the Department before the road is closed. BE IT FURTHER RESOLVED that a copy of this resolution be forwarded to the Illinois Department of Transportation, District 8, to serve as a formal request for the permission sought in this resolution and to operate as part of the conditions of said permission. APPROVED by the City Council of the City of Edwardsville this _______________ day of _______________________________ 20 _____ A.D. ____________________________________________ Art Risavy, Mayor ATTEST: ________________________________________ Michelle Boyer, City Clerk pg.68 AGENDA DATE: 8/31/2021 ACTION ITEM TITLE: RESOLUTION AUTHORIZING APPROVAL OF PROFESSIONAL SERVICE AGREEMENT WITH CMT IN THE AMOUNT OF $39,860 FOR PLUMMER 6-D-2-Ordinance FAMILY PARKand Authorizing MAINTENANCE Directing the Issuance.pdfBUILDING. ORIGIN: Parks Department SUMMARY: As a part of the original and overall Plummer Family Park master plan, staff recommends finishing the final construction documents for the Plummer Family Park maintenance building. The plans would allow us to take the documents to bid in the future. This is a budgeted item for the ‘21/’22 budget. RATIONALE: This building will serve the City by storing Pickleball, baseball, softball, soccer, flag football, lacrosse, and more sports equipment. We currently have multiple pieces of maintenance equipment (groomer and drag) that is currently stored outside. This building will serve the park itself and the staff as a central location to access operational supplies, provide a break room, a staff restroom, staff office, and greatly needed indoor storage. COMPLIANCE WITH COMPREHENSIVE PLAN OR OTHER PLAN: Plummer Family Park comprehensive plan. SUGGESTED COUNCIL ACTION: Staff recommends approval of professional service agreement. pg.69 AGENDA RESOLUTION NO. APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH CMT IN THE AMOUNT OF $39,860 FOR PLUMMER FAMILY PARK MAINTENANCE BUILDING WHEREAS, the City of Edwardsville Parks & Recreation Department needs a maintenance building for Plummer Family Park; and WHEREAS, the maintenance building is a part of the Master plan for Plummer Family Park; and WHEREAS, the maintenance building construction docs are already partially completed by CMT; and NOW THERFORE, BE IT RESOLVED that the City Council of the City of Edwardsville authorizes the completion of the construction docs for the maintenance building at Plummer Family Park; PASSED by the City Council of the City of Edwardsville, Illinois this ___ day of _____________, 2021. (SEAL) Mayor ATTEST: City Clerk pg.70 AGENDA August 31, 2021 (Revised) Nate Tingley Director of Parks and Recreation 118 Hillsboro Avenue P.O. Box 407 Edwardsville, IL 62025 Re: Construction Documents and Bidding Maintenance Building Plummer Family Park Edwardsville, IL Nate, Thank you for requesting a proposal from Crawford, Murphy and Tilly for the construction documents and bidding phases of the planned Maintenance Building at the new Plummer Family Park. From our phone conversations and review of our existing 90% documents of the building and site, CMT believes we understand your needs and hope you find our proposal acceptable. With your input, CMT will build on our 90% design documents of the Maintenance Building to create Contract Documents for public bidding and assist in the Bidding. Additional scope as discussed: • CMT will locate the new building in the area west and north of the future Field House as shown on attached exhibit. • Access to the building will be provided from a new parking lot to connect to the existing parking lot west of the future Field House. • A dumpster enclosure matching the building will be provided for two dumpsters with man and dumpster gates. • Drive will allow garbage truck to access dumpster and turn around. • Exterior soffit will mimic other buildings, but not include the original steel outriggers and wood soffit material. • HVAC system will not tie into existing geothermal system (stand-alone economical system). • CMT will further delineate 1 or 2 bays of the building as an alternate. • No construction phase services are being proposed at this time. As mentioned, 90% design documents for the building had been completed but with the new building location, some new civil, surveying and utility work will be required as follows: Surveying • Locate and set control and site benchmark • Topo area for proposed maintenance building and new parking • Draft topo to use as background to plans Civil and Utility • Preliminary and Final civil plans consisting of Site & Utility Plan, Grading, Drainage & Erosion Control Plan and Detail Sheets • Civil permitting items for land disturbance, water and sanitary extensions • Coordination with city on extending fiber, electric and lighting conduits pg.71 AGENDA • Address City of Edwardsville Review Comments • Address Bidder Comments Site/Civil/Utility Assumptions • No utility relocations required (other than extending public water and hydrant) • Bid Form will include Unit Price and Lump Sum items • No additional storm water detention required • No landscaping included in civil scope • Utility connections to sanitary and storm by gravity flow (no pumps) • Civil Plans and Specifications included in one project Bid Set CMT will provide the proposed services on a time and material not-to-exceed cost basis amount of $39,860. If you find our proposal acceptable, please sign and return the Standard Agreement attached to this letter. Thank you for considering CMT for your project. We appreciate our relationship with you, Parks and Recreation, and the City of Edwardsville. Sincerely, CRAWFORD, MURPHY AND TILLY, INC. George Cain, AIA Chief Architect pg.72 AGENDA 2021 STANDARD AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT made between, City of Edwardsville - Parks and Recreation, whose address is 118 Hillsboro Avenue – PO Box 407, Edwardsville, IL, hereinafter called the CLIENT and Crawford, Murphy & Tilly, Inc., Consulting Engineers, 2750 West Washington Street, Springfield, Illinois 62702, hereinafter called the ENGINEER. WITNESSETH, that whereas the CLIENT desires the following described professional engineering, land surveying or architectural services: Contract Document for the construction of a new Maintenance Building at Plummer Family Park in Edwardsville, IL, as described in our attached proposal letter (revised, dated 8/31/2021). NOW THEREFORE, the ENGINEER agrees to provide the above described services and the CLIENT agrees to compensate the ENGINEER for these services in the manner checked below: On a time and expense basis in accordance with the attached Schedule of Hourly Charges which is subject to change at the beginning of each calendar year. Reimbursable direct expenses will be invoiced at cost. Professional or Subconsultant services performed by another firm will be invoiced at cost plus ten percent. At the lump sum amount of $ . IT IS MUTUALLY AGREED THAT, payment for services rendered shall be made monthly in accordance with invoices rendered by the ENGINEER. IT IS FURTHER MUTUALLY AGREED: CMT is proposing to provide architectural, engineering, and surveying services for the completion of contract documents and bidding of the new Maintenance Building at Plummer Family Park for a time and material not-to-exceed cost of $39,860 (revised 8/31/2021). CMT will not exceed this amount without written approval from the Client. The CLIENT and the ENGINEER each binds himself, his partners, successors, executors, administrators and assignees to each other party hereto in respect to all the covenants and agreements herein and, except as above, neither the CLIENT nor the ENGINEER shall assign, sublet or transfer any part of his interest in this AGREEMENT without the written consent of the other party hereto. This AGREEMENT, and its construction, validity and performance, shall be governed and construed in accordance with the laws of the State of Illinois. This AGREEMENT is subject to the General Conditions attached hereto. IN WITNESS WHEREOF, the parties hereto have affixed their hands and seals this day of , 2021. CLIENT: ENGINEER: CRAWFORD, MURPHY & TILLY, INC. (Client Name) (Signature) (Signature) (Name and Title) (Name and Title) Date Date CMT Job No. 8/31/2021 pg.73 AGENDA STANDARD GENERAL CONDITIONS Crawford, Murphy & Tilly, Inc. 1. Standard of Care In performing its professional services hereunder, the ENGINEER will use that degree of care and skill ordinarily exercised, under similar circumstances, by members of its profession practicing in the same or similar locality. No other warranty, express or implied, is made or intended by the ENGINEER'S undertaking herein or its performance of services hereunder. 2. Reuse of Document All documents including Drawings and Specifications prepared by ENGINEER pursuant to this Agreement are instruments of service. They are not intended or represented to be suitable for reuse by CLIENT or others on extensions of the Project or on any other project. Any reuse without written verification or adaptation by ENGINEER for the specific purpose intended will be at CLIENT'S sole risk and without liability or legal exposure to ENGINEER; and CLIENT shall indemnify and hold harmless ENGINEER from all claims, damages, losses and expenses including attorneys' fees arising out of or resulting therefrom. 3. Termination This Agreement may be terminated by either party upon seven days prior written notice. In the event of termination, the ENGINEER shall be compensated by the client for all services performed up to and including the termination date, including reimbursable expenses, and for the completion of such services and records as are necessary to place the ENGINEER'S files in order and/or to protect its professional reputation. 4. Parties to the Agreement The services to be performed by the ENGINEER under this Agreement are intended solely for the benefit of the CLIENT. Nothing contained herein shall confer any rights upon or create any duties on the part of the ENGINEER toward any person or persons not a party to this Agreement including, but not limited to any contractor, subcontractor, supplier, or the agents, officers, employees, insurers, or sureties of any of them. 5. Construction and Safety The ENGINEER shall not be responsible for the means, methods, procedures, techniques, or sequences of construction, nor for safety on the job site, nor shall the ENGINEER be responsible for the contractor's failure to carry out the work in accordance with the contract documents. 6. Payment Payment for services rendered shall be made monthly in accordance with invoices rendered by the ENGINEER. If payment is to be on a lump sum basis, monthly payments will be based on the portion of total services completed during the month. Invoices, or any part thereof, which are not paid within 30 days after the date of issue shall bear interest at the rate of 1-1/2% for each month or fraction thereof from the date 30 days after issue to time of payment. CLIENT will pay on demand all collection costs, legal expenses and attorneys' fees incurred or paid by ENGINEER in collecting payment, including interest, for services rendered. 7. Indemnification for Release of Pollutants If this project does not involve pollutants, this provision will not apply. This provision may not be deleted if the project involves pollutants. If, due to the nature of the service covered under this Agreement including the potential for damages arising out of the release of pollutants, CLIENT agrees that in the event of one or more suits or judgments against ENGINEER in favor of any person or persons, or any entity, for death or bodily injury or loss of or damage to property or for any other claimed injury or damages arising from services performed by ENGINEER, CLIENT will indemnify and hold harmless ENGINEER from and against liability to CLIENT or to any other persons or entities irrespective of Engineer’s compensation and without limitation. It is understood that the total aggregate liability of ENGINEER arising from services performed by ENGINEER shall in no event exceed $50,000 or the total compensation received under this agreement whichever is greater, irrespective of the number of or amount of such claims, suits, or judgments. 8. Risk Allocation The total liability, in the aggregate, of the ENGINEER and ENGINEER'S officers, directors, employees, agents and consultants, and any of them, to CLIENT and anyone claiming by, through or under CLIENT, for any and all injuries, claims, losses, expenses or damages arising out of the ENGINEER'S services, the project or this agreement, including but not limited to the negligence, errors, omissions, strict liability or breach of contract of ENGINEER or ENGINEER'S officers, directors, employees, agents or consultants, or any of them, shall not exceed the total compensation received by ENGINEER under this agreement, or the total amount of $4,500, whichever is greater. 9. Project Schedule and Scope Based on the schedule objectives provided by CLIENT, ENGINEER will develop a schedule of important milestones as necessary for the project for CLIENT’S review and approval. ENGINEER will monitor performance of services for conformance with the schedule and will notify CLIENT of any necessary changes to or deviations from the schedule. Where required by approved project schedule, ENGINEER will present the required deliverables and complete the required tasks at the appropriate intervals for CLIENT’S review and approval prior to payment. 8/31/2021 pg.74 AGENDA CRAWFORD, MURPHY & TILLY, INC. STANDARD SCHEDULE OF HOURLY CHARGES JANUARY 1, 2021 Classification Regular Rate Principal $ 230 Project Engineer II Project Architect II $ 220 Project Manager II Project Environmental Scientist II Project Engineer I Project Architect I Project Manager I $ 190 Project Environmental Scientist I Project Structural Engineer I Sr. Structural Engineer II $ 175 Sr. Technician II $ 160 Aerial Mapping Specialist $ 155 Sr. Engineer I Sr. Architect I $ 150 Sr. Structural Engineer I Land Surveyor Technical Manager II $ 140 Environmental Scientist III Sr. Technician I $ 135 Sr. Planner I GIS Specialist Engineer I $ 130 Architect I Structural Engineer I Environmental Scientist II $ 115 Technician II Planner I Technical Manager I Environmental Scientist I $ 95 Technician I Project Administrative Assistant Administrative/Accounting Assistant $ 60 If the completion of services on the project assignment requires work to be performed on an overtime basis, labor charges above are subject to a 15% premium. These rates are subject to change upon reasonable and proper notice. In any event this schedule will be superseded by a new schedule effective January 1, 2022. Out of pocket direct costs will be added at actual cost for blueprints, supplies, transportation and subsistence and other miscellaneous job-related expenses directly attributable to the performance of services. A usage charge may be made when specialized equipment is used directly on the project. Subconsultant services furnished to CMT by another company will be invoiced at actual cost, plus ten percent. 8/31/2021 pg.75 AGENDA pg.76 AGENDA         FUTURE PLAN FOR REFERENCE ONLY                    W    W             W   W    W  W    W                      RIDGE LINE RIDGE LINE RIDGE LINE RIDGE LINE RIDGE LINE  FUTURE UNDERGROUND  DETENTION                                                                      pg.77 AGENDA DATE: September 2, 2021 ACTION ITEM TITLE: A Resolution Amending Appendix B (Zoning) of the Codified Ordinances of the City of Edwardsville Regarding Short-Term Rentals ORIGIN: Public Works SUMMARY: The attached ordinance provides detailed regulations for short-term rentals within the City of Edwardsville. Specifically, the ordinance encompasses two types of short-term rentals; owner-occupied and non-owner occupied. Owner-occupied short term rentals are proposed as permitted uses in the R-1 and R-2 Single- Family Residential Districts, while non-owner occupied are proposed as Special Uses in the R-1 and R-2 Single-Family Residential Districts. The ordinance also addresses other general requirements and enforcement measures. Lastly, this ordinance provides regulations for Bed & Breakfast establishments, which are (and will remain) Home Occupations in the City’s ordinance. RATIONALE: There has been demand for short-term rentals within the City’s municipal limits and this ordinance will help provide supplementary regulations in regard to short term rentals and Bed & Breakfast establishments. COMPLIANCE WITH COMPREHENSIVE PLAN: N/A SUGGESTED COUNCIL ACTION: Approval pg.78 AGENDA ORDINANCE NO. ___________ AN ORDINANCE AMENDING APPENDIX B (ZONING) OF THE CODIFIED ORDINANCES OF THE CITY OF EDWARDSVILLE REGARDING SHORT-TERM RENTALS WHEREAS, the Corporate Authorities of the City of Edwardsville may establish regulations pertaining to zoning within the City of Edwardsville; and WHEREAS, Chapter 1248 of Appendix B, Zoning, provides scope of regulation for various uses within the zoning ordinance; and WHEREAS, the proposed text amendments will allow for and regulate short-term rentals as a use within the municipal limits, and; WHEREAS, the Plan Commission did hold a properly noticed public hearing on August 16, 2021 and recommended approval of the proposed amendments to Appendix B (Zoning) by a vote of 9 ayes and 0 nays. NOW, THEREFORE IT BE ORDAINED BY THE CITY COUNCIL OF THE CITY COUNCIL OF EDWARDSVILLE, MADISON COUNTY, ILLINOIS, AS FOLLOWS: SECTION 1. RECITALS. The facts and statements contained in the preamble of this Ordinance are found to be reasonable and correct and are hereby adopted as part of this Ordinance. SECTION 2. SCOPE OF REGULATIONS. Chapter 1248 is hereby amended to add Exhibit A as Section 1248.02.31 ‘Short Term Rentals.’ Section 3. DEFINITIONS. Section 1252.02 is hereby amended as shown in Exhibit B, adding and striking language as described. Section 4. OFF STREET PARKING AND LOADING. Section 1250.13, ‘Required Parking and Loading Spaces’ is hereby amended with the modifications shown in Exhibit C. SECTION 5. SEVERABILITY. Each section and each part of each section of this Codified Ordinance is hereby declared to be an independent section or part of a section, and if any such section or part of a section, or any provision thereof is held to be invalid, the remaining sections or parts of sections shall not be affected thereby. SECTION 6. EFFECTIVE DATE. This Ordinance shall be in full force and effect upon its passage, approval and publication as provided by law. PASSED by the City Council of the City of Edwardsville, Madison County, Illinois this ______ day of ___________, 2021, pursuant to a roll call as follows: AYES: NAYS: ABSENT: ABSTENTION: APPROVED by me this _______day of ________________, 2021 By: ____________________________ pg.79 AGENDA Art Risavy, Mayor of the City of Edwardsville, Madison County, Illinois ATTESTED, Filed in my office, this _____ day of _______________, 2021 By: ____________________________ Michelle Boyer, Clerk of the City of Edwardsville Madison County, Illinois. pg.80 AGENDA EXHIBIT A Section 1248.02.31- SHORT-TERM RENTALS - PURPOSE & APPLICABILITY It is the intent and purpose of this section to establish regulations regarding short-term rentals in order to safeguard the peace, safety, and general welfare of neighborhoods within the City of Edwardsville. This section intends to minimize negative secondary affects related to short-term rentals including excessive noise, disorderly conduct, and illegal parking. Such short-term rental shall comply with all requirements of the City and State building, fire, safety, and occupancy codes and limits as well as all regulations provided in this section and all other city codes. (a) GENERAL PROVISIONS The owner of any short-term rental shall be required to apply for and obtain a short-term rental license and business license annually from the city before renting or advertising the availability of the short-term rental unit. (1) Any short-term rental shall be for a period of less than ninety (90) days in a calendar year to any particular group. (2) All short-term rental units must be rented on a daily basis. (3) All short-term rental properties must provide off-street parking on the premises in the approved driveway or garage. (4) The owner shall post the current short-term rental permit number on or in any advertisement appearing in any written publication or any website that promotes the availability or existence of a short-term rental unit. (5) Short-Term Rental licensee shall be required to keep financial records for at least three (3) years. (6) Short-Term Rental units shall be subject to and shall comply with all requirements of the city and state building, fire, safety, and occupancy codes and limits. (7) Any short-term rental shall be subject to the hotel and motel tax and associated requirements of Chapter 106 Article 12 Municipal Hotel/Motel Tax of the Codified Ordinances of the City of Edwardsville. (8) This ordinance shall not apply to lease-backs for real estate transactions. –(b) TYPE A SHORT TERM-RENTAL - OWNER OCCUPIED REQUIREMENTS (1) “Type A” Short-Term Rentals are permitted in “B-1A”, “B-1B”, “B-1C”, “MU-1”, and “MUC” Districts and in “R- 1”, “R-EL”, “R-2”, and “NR” Districts. (2) The owner of the dwelling shall maintain the short-term rental as their permanent residence and shall reside on the premises at the time that short-term rental guests are present. (3) No more than one unit in any dwelling may be rented at the same time as a short-term rental unit. (4) Only one group of patrons in a 24-hour period shall be allowed in a “Type A” short-term rental unit. (5) Not more than thirty (30) “Type A” short-term rental units shall be permitted within city limits. –(c) TYPE B SHORT-TERM RENTAL - NON-OWNER OCCUPIED REQUIREMENTS (1) The owner of the dwelling is not present on-site during the short-term rental. (2) “Type B” Short-Term Rentals are permitted in “B-1A”, “B-1B”, “B-1C”, and “MU-1” Districts and shall only be permitted by Special Use Permit in “R-1”, “R-EL”, and “R-2” and “NR” Districts. (3) Only one group of patrons in a 24-hour period shall be allowed in a “Type B” short-term rental unit. (4) Not more than thirty (30) “Type B” Short-Term Rental units shall be permitted within city limits. –(d) BED & BREAKFAST (1) A bed and breakfast is permitted by special use permit only in the “B-1A”, “B-1B”, “B-1C”, “MU-1”, and “MUC” and “R-1”, “R-EL”, and “R-2” Districts. (2) A bed and breakfast shall meet the following regulations: i. The property shall be owner-occupied and the owner shall be the operator of the establishment. ii. The maximum length of stay for any guest for any consecutive period of time shall be seven (7) days. iii. The maximum number of bedrooms for a bed and breakfast use shall not exceed five (5). pg.81 AGENDA iv. No cooking facilities shall be permitted in any of the rented rooms. v. Breakfast may be served to overnight guests only. No other meals shall be served to guests. vi. Signs shall meet the requirements of Section 94.42. vii. All bed and breakfast establishments shall meet all applicable Municipal, County, and State requirements. –(e) ENFORCEMENT (1) A short-term rental unit license application shall be denied if the owner has a short-term rental unit license revoked within the past 12 months for the same or other short-term rental unit. If the short-term rental license is revoked twice, no short-term rental license shall subsequently be issued for such owner or such short-term rental unit property. (2) In “Type-B” Short-Term rentals where the owner is not present, upon any notification that any transient, occupant or guest of the short term rental unit property has created unreasonable noise or disturbances, engaged in disorderly conduct or committed violation of any applicable law, rule or regulations pertaining to the use and occupancy of the short term rental unit property, the owner shall respond in a timely and appropriate manner to immediately halt or prevent reoccurrence of such conduct. Failure of the owner to respond to such calls or complaints regarding the condition, operation or conduct of the occupants and/or guests of a short term rental unit in a timely and appropriate manner shall be grounds for revocation of the short term rental license and shall subject the owner to all administrative, legal and equitable remedies available to the city. (3) Must comply with Chapter 74 Article 2 Peace Disturbance of the Codified Ordinances of the City of Edwardsville. pg.82 AGENDA EXHIBIT A Section 1248.02.31- SHORT-TERM RENTALS - PURPOSE & APPLICABILITY It is the intent and purpose of this section to establish regulations regarding short-term rentals in order to safeguard the peace, safety, and general welfare of neighborhoods within the City of Edwardsville. This section intends to minimize negative secondary affects related to short-term rentals including excessive noise, disorderly conduct, and illegal parking. Such short-term rental shall comply with all requirements of the City and State building, fire, safety, and occupancy codes and limits as well as all regulations provided in this section and all other city codes. (a) GENERAL PROVISIONS The owner of any short-term rental shall be required to apply for and obtain a short-term rental license and business license annually from the city before renting or advertising the availability of the short-term rental unit. (1) Any short-term rental shall be for a period of less than ninety (90) days in a calendar year to any particular group. (2) All short-term rental units must be rented on a daily basis. (3) All short-term rental properties must provide off-street parking on the premises in the approved driveway or garage. (4) The owner shall post the current short-term rental permit number on or in any advertisement appearing in any written publication or any website that promotes the availability or existence of a short-term rental unit. (5) Short-Term Rental licensee shall be required to keep financial records for at least three (3) years. (6) Short-Term Rental units shall be subject to and shall comply with all requirements of the city and state building, fire, safety, and occupancy codes and limits. (7) Any short-term rental shall be subject to the hotel and motel tax and associated requirements of Chapter 106 Article 12 Municipal Hotel/Motel Tax of the Codified Ordinances of the City of Edwardsville. (8) This ordinance shall not apply to lease-backs for real estate transactions. –(b) TYPE A SHORT TERM-RENTAL - OWNER OCCUPIED REQUIREMENTS (1) “Type A” Short-Term Rentals are permitted in “B-1A”, “B-1B”, “B-1C”, “MU-1”, and “MUC” Districts and in “R- 1”, “R-EL”, “R-2”, and “NR” Districts. (2) The owner of the dwelling shall maintain the short-term rental as their permanent residence and shall reside on the premises at the time that short-term rental guests are present. (3) No more than one unit in any dwelling may be rented at the same time as a short-term rental unit. (4) Only one group of patrons in a 24-hour period shall be allowed in a “Type A” short-term rental unit. (5) Not more than thirty (30) “Type A” short-term rental units shall be permitted within city limits. –(c) TYPE B SHORT-TERM RENTAL - NON-OWNER OCCUPIED REQUIREMENTS (1) The owner of the dwelling is not present on-site during the short-term rental. (2) “Type B” Short-Term Rentals are permitted in “B-1A”, “B-1B”, “B-1C”, and “MU-1” Districts and shall only be permitted by Special Use Permit in “R-1”, “R-EL”, and “R-2” and “NR” Districts. (3) Only one group of patrons in a 24-hour period shall be allowed in a “Type B” short-term rental unit. (4) Not more than thirty (30) “Type B” Short-Term Rental units shall be permitted within city limits. –(d) BED & BREAKFAST (1) A bed and breakfast is permitted by special use permit only in the “B-1A”, “B-1B”, “B-1C”, “MU-1”, and “MUC” and “R-1”, “R-EL”, and “R-2” Districts. (2) A bed and breakfast shall meet the following regulations: i. The property shall be owner-occupied and the owner shall be the operator of the establishment. ii. The maximum length of stay for any guest for any consecutive period of time shall be seven (7) days. iii. The maximum number of bedrooms for a bed and breakfast use shall not exceed five (5). pg.83 AGENDA iv. No cooking facilities shall be permitted in any of the rented rooms. v. Breakfast may be served to overnight guests only. No other meals shall be served to guests. vi. Signs shall meet the requirements of Section 94.42. vii. All bed and breakfast establishments shall meet all applicable Municipal, County, and State requirements. –(e) ENFORCEMENT (1) A short-term rental unit license application shall be denied if the owner has a short-term rental unit license revoked within the past 12 months for the same or other short-term rental unit. If the short-term rental license is revoked twice, no short-term rental license shall subsequently be issued for such owner or such short-term rental unit property. (2) In “Type-B” Short-Term rentals where the owner is not present, upon any notification that any transient, occupant or guest of the short term rental unit property has created unreasonable noise or disturbances, engaged in disorderly conduct or committed violation of any applicable law, rule or regulations pertaining to the use and occupancy of the short term rental unit property, the owner shall respond in a timely and appropriate manner to immediately halt or prevent reoccurrence of such conduct. Failure of the owner to respond to such calls or complaints regarding the condition, operation or conduct of the occupants and/or guests of a short term rental unit in a timely and appropriate manner shall be grounds for revocation of the short term rental license and shall subject the owner to all administrative, legal and equitable remedies available to the city. (3) Must comply with Chapter 74 Article 2 Peace Disturbance of the Codified Ordinances of the City of Edwardsville. pg.84 AGENDA EXHIBIT C AMENDMENT TO 1250.13 – OFF-STREET PARKING AND LOADING; TABLES. REQUIRED PARKING AND LOADING SPACES: USE NUMBER OF REQUIRED NUMBER OF REQUIRED PARKING SPACES LOADING SPACES Tourist Homes Short-Term Rentals 1 space per rental unit. 1 space per 1 space if the use has 20,000 lodging unit plus employee parking square feet or more of area. and additional spaces as required herein for affiliated uses such as restaurants and taverns Bed & Breakfast 1 space per rental unit. 1 space if the use has 20,000 square feet or more of area. pg.85 AGENDA DATE: September 2, 2021 ACTION ITEM TITLE: A Resolution Amending Appendix B (Zoning) of the Codified Ordinances of the City of Edwardsville Regarding Building Height Variances ORIGIN: Public Works SUMMARY: The attached ordinance amendment allows for a building height variance to be requested. Currently, there are nine (9) variations from the regulations that can be requested and several are bulk standard variances. RATIONALE: Adding the building height variance is another bulk standard variance and is in line with the rest of the allowable variance requests. COMPLIANCE WITH COMPREHENSIVE PLAN: N/A SUGGESTED COUNCIL ACTION: Approval pg.86 AGENDA ORDINANCE NO. ___________ AN ORDINANCE AMENDING APPENDIX B (ZONING) OF THE CODIFIED ORDINANCES OF THE CITY OF EDWARDSVILLE REGARDING BUILDING HEIGHT VARIANCES WHEREAS, the Corporate Authorities of the City of Edwardsville may establish regulations pertaining to zoning within the City of Edwardsville; and WHEREAS, Chapter 1244.02.3, Section (B) of Appendix B, Zoning, provides the limitations of variances within the zoning ordinance; and WHEREAS, the proposed text amendment will allow for building height to be an allowable variance request, and; WHEREAS, the Plan Commission did hold a properly noticed public hearing on August 16, 2021 and recommended approval of the proposed amendments to Appendix B (Zoning) by a vote of 9 ayes and 0 nays. NOW, THEREFORE IT BE ORDAINED BY THE CITY COUNCIL OF THE CITY COUNCIL OF EDWARDSVILLE, MADISON COUNTY, ILLINOIS, AS FOLLOWS: SECTION 1. RECITALS. The facts and statements contained in the preamble of this Ordinance are found to be reasonable and correct and are hereby adopted as part of this Ordinance. SECTION 2: LIMITATIONS OF VARIATIONS. The following variance is hereby added to section 1244.02.3, Section (B) Limitations of Variations. (10) To permit any building height of less or greater dimension than required by the applicable regulations. SECTION 3. SEVERABILITY. Each section and each part of each section of this Codified Ordinance is hereby declared to be an independent section or part of a section, and if any such section or part of a section, or any provision thereof is held to be invalid, the remaining sections or parts of sections shall not be affected thereby. SECTION 4. EFFECTIVE DATE. This Ordinance shall be in full force and effect upon its passage, approval and publication as provided by law. PASSED by the City Council of the City of Edwardsville, Madison County, Illinois this ______ day of ___________, 2021, pursuant to a roll call as follows: AYES: NAYS: ABSENT: ABSTENTION: APPROVED by me this _______day of ________________, 2021 By: ____________________________ Art Risavy, Mayor of the City of Edwardsville, Madison County, Illinois ATTESTED, Filed in my office, this _____ day of _______________, 2021 pg.87 AGENDA By: ____________________________ Michelle Boyer, Clerk of the City of Edwardsville Madison County, Illinois. pg.88 AGENDA DATE: August 26, 2021 ACTION ITEM TITLE: An Ordinance Authorizing The Trade In Of Certain Surplus Personal Property Owned By The City Of Edwardsville ORIGIN: Fire Department SUMMARY: Recently Fire Department Unit 1320, a 2000 E-One Cyclone II Pumper, was removed from service due to severe corrosion problems. The vehicle is at the end of its service life but still has parts which are valuable to Banner Fire Equipment, Inc., the local E-One authorized repair center. Banner has offered to trade the pumper for $6,500.00 in Service Credit. RATIONALE: Trade in value of Pumper 1320 was requested from Rosenbauer, the company a replacement fire engine will be purchased from. The returned quote was $5,000.00. Banner Fire Equipment has offered to trade Pumper 1320 for $6,500.00 in Service Credit. Pumper 1320 was being repaired at Banner when the corrosion problem was identified. It currently sits on their site and is un-drivable since the frame rails have rusted and cracked. Flatbed towing charges will be incurred to move the vehicle to another location, which will negatively impact the sale price for any other buyer. Banner Fire Equipment’s offer of $6,500.00 in Service Credit exceeds the $5,000.00 trade in offer from Rosenbauer. The Fire Department maintains two other E-One fire apparatus, which will continue to be serviced at Banner Fire Equipment. This will guarantee full use of the Service Credit. COMPLIANCE WITH COMPREHENSIVE PLAN OR OTHER PLAN: N/A SUGGESTED COUNCIL ACTION: Suspend normal rules and approve on first reading pg.89 AGENDA THE CITY OF EDWARDSVILLE ORDINANCE NO. ______ AN ORDINANCE AUTHORIZING THE TRADE IN OF CERTAIN SURPLUS PERSONAL PROPERTY OWNED BY THE CITY OF EDWARDSVILLE WHEREAS, The City of Edwardsville (the “City”) is the owner of certain property that is more specifically described as one (1) 2000 E-One Cyclone II Pumper with 28,209 miles (VIN# 4ENFAAA84X1001044); and WHEREAS, the City desires to trade in the Property; and WHEREAS, pursuant to 65 ILCS 5/11-76-4, the Mayor and City Council of The City of Edwardsville find the Property is no longer necessary or useful to The City of Edwardsville, and the best interest of The City of Edwardsville will be served by its trade in; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF EDWARDSVILLE, as follows: SECTION ONE: Recitals. The foregoing recitals are incorporated into and made a part of this Ordinance by this reference. SECTION TWO: Transfer of Property. Pursuant to 65 ILCS 5/11-76-4, the Mayor and City Council of The City of Edwardsville authorize the trade in of the Property for Service Credit. SECTION THREE: Authority of the City Clerk/Collector. The City Clerk/Collector or the Clerk/Collector’s designee is hereby authorized to affect the trade in of the Property identified on Exhibit A attached to this Ordinance. Upon the trade in of the Property, the City Clerk/Collector is authorized and directed to convey and transfer the Property to the purchaser. pg.90 AGENDA SECTION FOUR: Effective Date. This Ordinance shall be in full force and effect upon its passage, approval, and publication in pamphlet form in the manner provided by law. PASSED THIS ___th DAY OF ________________, 2021. AYES: NAYS: ABSENT: ABSTAIN: APPROVED THIS ____th DAY OF ___________________, 2021. By: ______________________________ Art Risavy, Mayor of the City of Edwardsville, Madison County, Illinois ATTESTED, Filed and Published in my office, this ______ day of _______________, 2021 By: _________________________________ Michelle Boyer, Clerk of the City of Edwardsville, Madison County, Illinois pg.91 AGENDA EXHIBIT A DESCRIPTION OF PROPERTY Manufacturer: E-One Model: Cyclone II Year: 2000 Miles: 37,304 VIN: 4ENFAAA84X1001044 Color: black over red 1500 GPM Pump 750 Gallon Water Tank pg.92 AGENDA DATE: July 15, 2021 ACTION ITEM TITLE: An Ordinance Abating Ordinance No. 5533-6-04, Effective Immediately SUMMARY: The proposed ordinance will eliminate the Educational Facilities Impact Fee upon its passage, until December 31, 2022. RATIONALE: The Educational Facilities Impact Fee was adopted on June 1, 2004. Its purpose is to assist the District by providing for future needs of additional school sites and buildings. The Ordinance achieves this by requiring the dedication of land or the payment in lieu of dedication, for all new single-family subdivisions (including planned unit developments). It was thought that the continued growth of communities within District 7 would result in an even greater need to provide for new school sites and new schools. However, District 7 Enrollment has declined since 2013 from 7,588 to 7,366 while single family residential building permits have also declined. In 2018, 53 buildng permits were issued and in 2020, only 44 building permits were issued. To date in 2021, ten building permits have been issued. With no significant increase demand for new educational facilities as a result of population growth, it is proposed that the Educational Impact Fee be abated temporarily, until December 31, 2022. COMPLIANCE WITH COMPREHENSIVE PLAN OR OTHER PLAN: N/A. SUGGESTED COUNCIL ACTION: Approve. pg.93 AGENDA School Enrollment Data 2021 - Present School Year Enrollment Annual Change Annual % Change 2001-02 6,616 - - 2002-03 6,746 130 2.0% 2003-04 6,992 246 3.6% 2004-05 7,122 130 1.9% 2005-06 7,365 243 3.4% 2006-07 7,426 61 0.8% 2007-08 7,418 -8 -0.1% 2008-09 7,599 181 2.4% 2009-10 7,610 11 0.1% 2010-11 7,496 -114 -1.5% 2011-12 7,450 -46 -0.6% 2012-13 7,602 152 2.0% 2013-14 7,588 -14 -0.2% 2014-15 7,529 -59 -0.8% 2015-16 7,541 12 0.2% 2016-17 7,565 24 0.3% 2017-18 7,513 -52 -0.7% 2018-19 7,553 40 0.5% 2019-20 7,559 6 0.1% 2020-21 7,366 -193 -2.6% Total Change in Enrollment 2001-2020 750 10.2% School Impact Fee June 1, 2004 Proposition E April 4, 2017 Change in Enrollment 2004-05 - present 244 Change in Enrollment 2017-18 - present -147 pg.94 AGENDA ORDINANCE NO. _________ AN ORDINANCE ABATING ORDINANCE NO. 5533-6-04, EFFECTIVE IMMEDIATELY WHEREAS, the City of Edwardsville adopted Ordinance No. 5533-6-04, establishing Educational Facilities Impact Fees to assist the Edwardsville Community Unit School District #7 in its future needs of additional elementary school buildings; and WHEREAS, the Educational Facilities Impact Fees were to be assessed against new home construction on lots within future subdivision plats located within the City of Edwardsville; and WHEREAS, the Educational Facilities Impact Fees were to be paid to the benefit of the Edwardsville community Unit School District #7; and WHEREAS, the City Council of the City of Edwardsville has determined to impose a moratorium upon the imposition of Educational Impact Facilities Impact Fees for the benefit of the Edwardsville Community Unit School District #7 within the City of Edwardsville for a specified period of time. NOW, THEREFORE IT BE ORDAINED BY THE CITY COUNCIL OF THE CITY OF EDWARDSVILLE, AS FOLLOWS: SECTION ONE. That the provisions in affect of Ordinance No. 5533-6-04 as to the consideration and approval of any final plat of subdivision or final plat of a planned unit development located within the City of Edwardsville shall be of no force or effect, upon passage of this ordinance, through December 31, 2022. All other provisions and requirements of Ordinance No. 5533-6-04 shall likewise be abated and of no further force and effect, upon passage of this ordinance, thorough calendar year 2022. SECTION TWO. If any part of this Ordinance is found to be unconstitutional, invalid, or unenforceable by a Court of competent jurisdiction, such invalidity shall not affect the validity or effectiveness of the remaining provisions of this Ordinance or any part thereof and said Ordinance shall be read as if said invalid provision was struck therefrom and the context thereof changed accordingly with the remainder of the Ordinance to be and remain in full force and effect. SECTION THREE. All ordinances or parts of other ordinances in conflict herewith shall be and hereby are repealed to the extent of any such conflict, provided that nothing herein shall in any way excuse or prevent prosecution of any previous or existing violation of any ordinance or part of any ordinance repealed or superseded hereby. Nothing in this Ordinance shall be constructed to affect any suit or proceeding now pending in any court, any rights acquired, any liability incurred, any cause of action acquired or existing by reason of this Ordinance or any part thereof repealed by this Ordinance. No accrued legal right or remedy of any kind or character shall be lost, impaired or affected by this Ordinance. pg.95 AGENDA SECTION FOUR. This ordinance shall be in full force and effect, following its passage, approval, and publication in pamphlet form in accordance with State Statutes. ADOPTED this _____ day of __________, 2021, pursuant to a roll call vote as follows: AYES: NAYS: ABSENT: ABSTENTION: APPROVED by me this _____ day of __________, 2021. BY: ___________________________________ Art Risavy, Mayor ATTEST, this ______ day of _____________, 2021. BY: ______________________________________ Michelle Boyer, City Clerk pg.96 AGENDA DATE: September 2, 2021 ACTION ITEM TITLE: An Ordinance Amending Chapter 82 (Peddlers and Solicitors), Chapter 114, and Appendix B (Zoning) of the Codified Ordinances of the City of Edwardsville ORIGIN: Public Works SUMMARY: The attached ordinance amends the established regulations for the operation of food trucks within the City of Edwardsville. RATIONALE: The original ordinance regulating food trucks within the City of Edwardsville was approved on May 21, 2019 with the intent of allowing food trucks to operate in the Light Manufacturing District. Since then, there has been increased demand for food trucks to participate in block parties, employee appreciation events, and even weddings in the downtown central business district. While the updated guidelines allow for food trucks to operate in a wider variety of manners and locations, they are prohibited from operating on private property in an “R” district. They may, howeer, operate in an “R” district as part of a city-approved Block Party. COMPLIANCE WITH COMPREHENSIVE PLAN: N/A. SUGGESTED COUNCIL ACTION: Approval. pg.97 AGENDA Ordinance No. ________________ AN ORDINANCE AMENDING CHAPTER 82 (PEDDLERS AND SOLICITORS) AND APPENDIX B (ZONING) OF THE CITY OF EDWARDSVILLE CODE OF ORDINANCES WHEREAS, the corporate authorities of the City of Edwardsville may establish rules and regulations pertaining to both zoning and businesses within the Corporate Limits; and WHEREAS, Chapter 82 of the City of Edwardsville Code of Ordinances regulates Peddlers, Solicitors, and Transient Merchants conducting business within the Corporate Limits; and WHEREAS, Appendix B of the City of Edwardsville Code of Ordinances establishes zoning districts and sets forth rules and regulations within those districts; and WHEREAS, Food Trucks are mobile businesses which are best regulated via a licensing process; and WHEREAS, both Chapter 82 (Peddlers and Solicitors) and Appendix B (Zoning) require amendments to effectively regulate Food Trucks; NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Edwardsville, Madison County, Illinois, as follows: SECTION 1. RECITALS. The facts and statements contained in the preamble to this Ordinance are found to be true and correct and are hereby adopted as part of this Ordinance. SECTION 2. AMENDMENTS. A. Section 82, Article IV is hereby amended by as shown in Exhibit A. B. Section 1242.04 (d)(6) of Appendix B (Zoning) is hereby amended as follows: (6) Food Trucks., provided they are located on lots 5 acres in size or larger, unless otherwise specified by Section 82, Article V. SECTION 3. CONFLICT. Any ordinance in conflict with this amendment is hereby repealed. SECTION 4. SEVERABILITY. Each section and each part of each section of this Codified Ordinance is hereby declared to be an independent section or part of a section, and if any such section or part of a section, or any provision thereof is held to be invalid, the remaining sections or parts of sections shall not be affected thereby. SECTION 5. EFFECTIVE DATE. This Ordinance shall be in full force and effect ten (10) days after its passage, approval and publication as provided by law. ADOPTED by the City Council of the City of Edwardsville, Madison County, Illinois this _______ day of __________________, 2021, pursuant to a roll call vote as follows: AYES: NAYS: pg.98 AGENDA ABSENT: ABSTENTION: APPROVED by me this __________ day of ___________________, 2021. By: _____________________________________ Art Risavy, Mayor of the City of Edwardsville Madison County, Illinois ATTESTED, Filed in my office, this _____ day of _________________, 2021. By: _______________________________ Michelle Boyer City Clerk of the City of Edwardsville Madison County, Illinois pg.99 AGENDA Exhibit A Sec. 82-50. Definitions. The following words and phrases, when used in this article, shall have the meanings respectively ascribed to them in this section, except where the context otherwise requires. City-Approved Special Event: any outdoor or seasonal event including, but not limited to a picnic, parade, carnival, craft fair, art fair, bicycle/motorcycle/ vehicle ride, walk / run, car show, wedding or other reception, or any other event held on public property which is open to attendance by the general public and / or may require special consideration from any or all of the following City Departments: Edwardsville Police Department (EPD), Edwardsville Fire Department, Department of Public Works and Edwardsville Parks Department. Commissary: Shall mean a local health department permitted food establishment that acts as a base of operations for a food truck. The commissary provides facilities for adequate storage of food, food containers, or food supplies; equipment for adequate washing and sanitizing of food equipment and utensils; a servicing area for the sanitary disposal of liquid waste; for handling and disposal of garbage, grease, and rubbish originating from the food truck; facilities for filling a potable water holding tank in a sanitary manner. Health Department: the Madison County Health Department. Health Officer: The administrator of the Madison County Health Department, or their authorized representative. Food Truck: any self-contained motorized vehicle, or self-contained trailer designed to be operated on the roadway, on/in which food or beverage for immediate consumption is prepared or from which food or beverage for immediate consumption is served. Ice Cream Truck: A self-contained motorized vehicle or self-contained enclosed trailer designed to be operated on the roadway, from which ice cream is sold. 82-52. Manner of Operation. Certain Locations Prohibited. Food trucks shall only be are permitted in every zoning district except for “R” Districts. the M-1 Light Manufacturing District on parcels that are 5 acres or greater in area. However, the following exemptions are permitted: 1. Food Trucks invited by the City of Edwardsville to participatinge in City-run events, on 2. Food Trucks operating on City property or on public right-of-way owned by the City of Edwardsville in a commercial or manufacturing district, or in public parks, shall be exempt from the requirements of this paragraph. 3. Food Trucks operating in the following public parks or on City of Edwardsville owned right-of-way immediately adjacent to the following public parks: pg.100 AGENDA a. Leclaire Park b. Glik Park c. City Park 4. Food trucks that are part of a permitted Block Party 1.5.Ice Cream Trucks, as defined herein, shall be exempt from the location requirements set forth in this Code. Location Registration. Every food truck licensed to operate in the City of Edwardsville shall complete an online location registration form describing the location and hours of operation at least 24 hours prior to selling from any permitted location in the City. Except for within the M-1 Light Manufacturing District, a food truck may only operate in the same location 4 times per month. City-Approved Special Events. Food Trucks may only operate in an “R” or “B” zoned area as part of a city-approved special event. Food trucks may only operate on public- right-of-way, on city-owned property, or in a public park as part of a city-approved Special Event. Any city-approved Special Event that will include food trucks must list the number of food trucks and approximate location of said food trucks on their Special Event Permit Application, which may be approved by the Recreation Arts & Special Events Committee and the City Council. Food trucks participating in special events must be licensed by the City. Hours of Operation. Food trucks shall only operate between the hours of 7:00 a.m. and 112:00 pa.m. However, food trucks operating in the M-1 Light Manufacturing District may operate 24-hours per day. The food truck shall not be stored at a personal residence within the City of Edwardsville. Sale of Alcoholic Beverages. The sale of Alcoholic Beverages shall be governed by the terms of Chapter 6 of the Codified Ordinances of the City of Edwardsville. Vehicle Appearances and Maintenance. Food trucks shall be kept in good mechanical and structural condition. Food trucks shall have a clean exterior and interior and shall be equipped with signs to alert traffic to proceed with caution past the truck while the truck is serving customers. Each vehicle shall have the company name affixed to it in a professional, workmanlike matter and in letters that are a minimum of six inches (6”) in height. The company name shall be affixed to each side and rear of the vehicle. Both the generator and fuel tank shall be affixed to the vehicle and shall not be placed on the ground. Health Department Permit Required. Any food truck operating in the City of Edwardsville shall be properly permitted by the Madison County Health Department. All food trucks shall be subject to the Health Code and all rules and regulations promulgated by the Health Commissioner. Operation. Every food truck shall indemnify and hold harmless the City of Edwardsville for all suits or actions brought against the City for or on account of any injuries or pg.101 AGENDA damages received or sustained by any party of parties for or from the said vendor. Further, every vendor shall obtain and maintain insurance coverage as required by the Director of FinanceCity Clerk’s Office. This insurance shall be in force at all times during the course of operation within the City. The food truck shall not be stored at a personal residence within the City of Edwardsville. Peripheral Setup. No tents, tables, chairs, or other materials shall be placed at the designated vending area. Signage shall be limited to signs permanently or magnetically affixed to the Food truck. Food trucks shall only be permitted to connect to City water, electric, or other utility to conduct business with written consent of the City. Food trucks must also provide for the sanitary collection of all refuse, litter, and garbage generated during food preparation and service by the food truck and by patrons using the service, and remove all such waste materials from the location before the food truck departs. Public Health Standards. No food, food products, or beverages for public consumption shall be kept, offered for sale, transported, or handled except in accordance with the rules and regulations of the State of Illinois and the Madison County Health Department. Suspension and Revocation of License. Suspension or revocation of a license shall be done in accordance with Section 1-10 of the Codified Ordinances of the City of Edwardsville. Fire Safety Requirements: All Food Trucks must meet the requirements set forth in Chapter 46 of the Codified ordinances of the City of Edwardsville. 82-54. Application Requirements. Food trucks seeking a license to operate within the City of Edwardsville shall provide a completed application to the City Clerk’s OfficeDirector of Finance. A fee shall be paid in accordance with the City of Edwardsville’s adopted fee schedule, prior to issuance of license. 82-55. Annual License. The license for a Food Truck shall be valid for a period of 12 months and shall be renewed annually in January. Licenses for applications received throughout the year shall be issued and paid for on a pro-rated basis. Said license shall be displayed so that it is visible to customers. 82-56. City-Approved Special Event License. Licenses issued to food trucks for City- Approved Special Events shall be valid only for the dates provided on the license, not to exceed four (4) consecutive days. Each event requires separate application and license. Said license shall be displayed so that it is visible to customers. 82-567. License Non-Transferable. Any license issued for the operation a food truck shall not be transferable. pg.102 AGENDA Exhibit B Sec. 114-113. – Block Parties. (a) Permit required. No person or persons may conduct personal, professional or social activity upon the public highways (as defined by the state vehicle code, 625 ILCS 5/1-126) without first obtaining a permit from the director of police. (b) Conditions of permit. Permits shall be issued only to persons or organizations engaged in neighborhood social activities hereinafter identified as "block parties" pursuant to the following conditions: (1) Block parties must end by may be held 10:00 p.m.during daylight hours, only (i.e., between sunrise and sunset). (2) Block parties permit requests shall be filed in writing with the office of the director of police not less than twofive (5) business days prior to the planned date of activity nor more than 30 days in advance of the intended date of use. (3) Sale of food, beverages, other products, or services at a block party is prohibited. (4) The dispensing of alcoholic beverages from the public right-of-way at a block party is prohibited. (5) Permits shall not be issued for block party requested on through highways unless, in the judgment of the director of police, such highway design and location would accommodate the activity. (6) A block party shall not be held unless the permitted area is properly barricaded: a. Primary and secondary barricade lines shall be established with no block party activity between the two lines. b. Barricades shall be approved by the director of police or his designee. (7) The director of police shall have the authority to deny, cancel, or suspend applications and permits for block party for reasons of weather, violation of the provisions of this section or other reasons, when, in the director's judgment, such action is necessary for general public safety. (8) Fire lanes shall be provided in the block party area. (9) All applications shall include testimony that all residents directly affected by the secured area are in approval of the planned activity. (10) The director of police may request other information as is deemed necessary. pg.103 AGENDA pg.104 AGENDA pg.105 AGENDA pg.106 AGENDA pg.107 AGENDA pg.108 AGENDA pg.109 AGENDA pg.110 AGENDA pg.111 AGENDA pg.112 AGENDA pg.113 AGENDA pg.114 AGENDA pg.115