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Administrative & Community Services Committee

Regular Meeting

Edwardsville, IL · September 16, 2021

Agenda

Agenda

AGENDA Meeting Date: Thursday, September 16, 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 September 2, 2021 ACS meeting pg.3 2. Correspondence & Announcements: A) Monthly Building Permit Report – August 2021 pg.6 3. Council Matters A. FILED FOR SECOND READING: 1) An Ordinance Amending Appendix B of the Codified Ordinances of the City of Edwardsville Regarding pg.19 Short Term Rentals 2) An Ordinance Amending Appendix B of the Codified Ordinances of the City of Edwardsville Regarding pg.26 Variances 3) An Ordinance Amending Chapter 82 (Peddlers and Solicitors) and Appendix B (Zoning) of the City of pg.29 Edwardsville Code of Ordinances (Food Trucks) B. NEW ITEMS: 1) A Parade Resolution approving IDOT temporary closure of highways for the Veteran’s Day Parade pg.37 2) Approval of RASE Board Items from September 7, 2021 a) National Night Out – Edwardsville Police Department on October 5, 2021 pg.40 b) Fall Beer Fest – Global Brew, Inc. on October 23, 2021 pg.45 c) Veterans Day Parade – American Legion Post 199 on November 11, 2021 pg.54 3) INFORMATIONAL: Housing Study RFQ 4) INFORMATIONAL: Ordinance Amending Chapter 122 (Vegetation) of the Codified Ordinances of the City of Edwardsville (RE: Native Plants) C. ITEMS HELD IN COMMITTEE: 1) A Resolution Authorizing Approval of Professional Service Agreement with CMT in the Amount of pg.56 $39,860 for Plummer Family Park Maintenance Building 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 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 1) Recreation Report – September 2021 pg.65 2) Program Report – September 2021 pg.66 F. Edwardsville Beautification and Tree Commission G. Library Board H. Band Board I. Cool Cities 5. Old Business: 6. New Business: 7. Next ACS Meeting: Thursday, September 30, 2021 at 5:00 p.m. in City Hall Council Chambers, 118 Hillsboro Ave 8. Adjournment CITY COUNCIL MEETING: Tuesday, September 21, 2021 at 7:00 p.m. in City Hall Council Chambers, 118 Hillsboro Ave pg.2 AGENDA Administrative and Community Services Committee Minutes September 2, 2021 5:00 P.M. at City Hall Approved Date: ________________________________ Signature: ____________________________________ PRESENT: EXCUSED: Will Krause Janet Stack Jack Burns Emily Fultz Eric Williams Nate Tingley Trina Vetter Kevin Head Charles Bollinger Jeff Berkbigler Elizabeth Grant Jennifer Warren Lieutenant Lybarger Chief Whiteford Jenna Desch Brent Hoerner Ron Deedrick PUBLIC COMMENT: None 1. Approval of minutes from the August 12, 2021 ACS meeting – Motion to approve (Krause), seconded (Stack) and voted all ayes to forward to Council 2. Correspondence & Announcements: A. Letter from Plan Commission regarding a Preliminary Plat for Bluff Falls Subdivision B. Letter from Plan Commission regarding a Text Amendment for Short Term Rentals C. Letter from Plan Commission regarding a Text Amendment for Height Variances D. Letter from Zoning Board of Appeals regarding a Special Use Permit for 303 South Kansas E. Letter from Zoning Board of Appeals regarding a Variance for 1425 McCoy Drive 3. Council Matters A. FILED FOR SECOND READING: 1) An Ordinance Enacting Procedures for the Reimbursement of Expenses for City Elected Officials. This Ordinance establishes rules and procedures for acceptable reimbursable expenses while conducting City business and gives staff guidance on 1 pg.3 AGENDA what expenses are allowable. Motion to approve (Krause), seconded (Stack) and voted all ayes to forward to Council B. NEW ITEMS: 1) A Resolution Approving a Variance for a Setback at 1425 McCoy Drive. The applicant has requested to hold due to the ZBA minutes getting approved on their October 25, 2021 meeting. Holding until the November 21, 2021 ACS meeting. No motion made 2) A Resolution Approving a Special Use Permit for a Bed and Breakfast Establishment as a Home Occupation at 303 South Kansas Street. – The Zoning Board of Appeals has determined that this establishment use complies with the comprehensive plan. The owner of the property was present. He travels for work. The house will be rented out when he is not present at the house. Motion to approve (Krause), seconded (Burns) and voted all ayes to forward to Council 3) A Resolution Approving IDOT Temporary Closure of Highways for Edwardsville High School Homecoming Parade on September 29, 2021. Motion to approve (Krause), seconded (Stack) and voted all ayes to forward to Council 4) A Resolution Approving IDOT Temporary Closure of Highways for Edwardsville Halloween Parade on October 31, 2021 – Motion to approve (Krause), seconded (Stack) and voted all ayes to forward to Council 5) A Resolution Authorizing Approval of Professional Service Agreement with CMT in the Amount of $39,860 for Plummer Family Park Maintenance Building – 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. Both Alderwoman Stack and Alderman Burns agreed on the maintenance building cost to be reconsidered. Motion to hold (Stack), seconded (Burns) 6) An Ordinance Amending Appendix B of the Codified Ordinances of the City of Edwardsville Regarding Short Term Rentals – This is an Ordinance that will allow for two types of rentals. Owner Occupied and Non-Owner occupied. One will have the owner present while guests are staying in the home and the other will allow for the owner and or manager to not be present during the guests stay. Each type would be limited to 30 licenses in the City. Bed & Breakfast will be permitted by Special Use Permit only. Motion to approve (Krause), seconded (Stack) and voted all ayes to forward to Council 7) An Ordinance Amending Appendix B of the Codified Ordinances of the City Of Edwardsville Regarding Variances – Currently applications allow for nine different variances. Staff would like residents the ability to apply for a height variance. In the rural parts of the City they would like to allow them to store maintenance equipment for multiple acre lots. They feel that it makes sense in certain situations for people to apply for this. Motion to approve (Krause), seconded (Burns) and voted all ayes to forward to Council 8) Approval of an Ordinance Authorizing The Trade In of Certain Surplus Personal Property Owned by the City Of Edwardsville (Request Suspension of Rules and Pass on First Reading) – Currently the FD is using a loaner fire truck. This truck was damaged due to corrosion. Banner Fire Equipment, Inc. has offered to trade the 2 pg.4 AGENDA pumper for $6,500 in service credit. Motion to approve (Krause), seconded (Stack) and voted all ayes to forward to Council C. ITEMS HELD IN COMMITTEE: 1) An Ordinance Abating the Educational Impact Fee – The District had discussion and did not vote on it. The Superintendent understands the City’s position and they would not have any negative impact right now. It is something that they are going to take up at another school board meeting later this year to discuss the overall impact fees from all municipalities and taxing bodies within the school district. They did support that there was also a deadline of December 2022. Motion to approve (Krause), seconded (Stack) and voted all ayes to forward to Council 2) An Ordinance Amending Chapter 82 (Peddlers and Solicitors) and Appendix B (Zoning) of the City of Edwardsville Code of Ordinances (Food Trucks) – This Ordinance will allow food trucks to operate in many more areas throughout the City. It will allow them to operate in Commercial districts. Currently they are only allowed in the MU-1 district (Light Manufacturing district). This will also allow for operation at three City parks. They will be allowed in the streets around City Park. They will be allowed in Residential districts only if they are present during an approved block party. Motion to approve (Krause), seconded (Stack) and voted all ayes to forward to Council 4. Boards & Commissions: A. Plan Commission – Minutes 06/21/21 B. Zoning Board of Appeals – Minutes 06/28/21 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 5. Old Business: None 6. New Business: None 7. Next ACS Meeting: Thursday, September 16, 2021 at 5:00 pm in City Hall, 118 Hillsboro Ave. 8. Adjournment – Motion to adjourn (Krause), seconded (Stack) CITY COUNCIL MEETING: Tuesday, September 7, 2021 at 7:00 p.m. at City Hall Council Chambers, 118 Hillsboro Ave. 3 pg.5 AGENDA pg.6 AGENDA pg.7 AGENDA pg.8 AGENDA pg.9 AGENDA pg.10 AGENDA pg.11 AGENDA pg.12 AGENDA pg.13 AGENDA pg.14 AGENDA pg.15 AGENDA pg.16 AGENDA pg.17 AGENDA pg.18 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.19 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. WHEREAS, Administration and Community Services Committee did hold a public meeting on September 2, 2021 and recommended approval of the proposed amendments to Appendix B (Zoning) by a vote of 3 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: pg.20 AGENDA 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, Clerk of the City of Edwardsville Madison County, Illinois. pg.21 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”, and “MU-1” Districts and in “R-1”, “R- EL”, and “R-2” 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”, “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.22 AGENDA iv. No cooking facilities shall be permitted in any of the rented rooms. v. Meals may be served to overnight guests only. 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.23 AGENDA EXHIBIT B SECTION 1252.02 – SELECTED DEFINITIONS. Bed and Breakfast. An owner occupied residence which has five or less guest units in operation for more than 10 nights in a 12 month period within a single-family dwelling, the owners of which serve breakfast to overnight guests. Short-Term Rental. An accommodation for one group of transient guests where a residential dwelling is rented for licensed lodging for a period of time no less than twenty-four (24) hours and not to exceed ninety (90) days. Owner, Short-Term Rental. The person or entity that holds legal and equitable title to a short-term rental property. Owner Occupied, Short-Term Rental. The owner of the dwelling maintains the short-term rental unit as their permanent residence and resides on the premises during all short-term rentals. Non-Owner Occupied, Short-Term Rental. Short-term rental unit where the owner of the property is not on- site at the time of the rental. Bed and breakfast: See Tourist home. Tourist home: A dwelling in which accommodations are provided or offered for transient guests. pg.24 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.25 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.26 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. WHEREAS, the Administrative and Community Services Committee held a public meeting on September 2, 2021 and recommended approval of the proposed amendments to Appendix B (Zoning) by a vote of 3 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, pg.27 AGENDA 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.28 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.29 AGENDA Ordinance No. ________________ AN ORDINANCE AMENDING CHAPTER 82 (PEDDLERS AND SOLICITORS) AND CHAPTER 114 (TRAFFIC AND VEHICLES) 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 114-113 (Block Parties) is hereby amended as shown in Exhibit B. 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: ABSENT: pg.30 AGENDA 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.31 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 non-alcoholic beverage for immediate consumption is prepared or from which food or non-alcoholic 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. pg.32 AGENDA 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: 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. pg.33 AGENDA 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 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.34 AGENDA pg.35 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.36 AGENDA DATE: September 13, 2021 ACTION ITEM TITLE: A Parade Resolution approving IDOT temporary closure of highways for the Veteran’s Day Parade. ORIGIN: Mayor’s Office/Parks and Recreation Dept. SUMMARY: The American Legion 199 is sponsoring the Veteran’s Day Parade on November 11th, 2021. We are requesting permission for the temporary closure of SR 143 and 159, State Highways in the City of Edwardsville, from Main Street at Vandalia to Union. RATIONALE: Resolution must be approved by City Council in order to receive permission from IDOT to close state highways to conduct the Veteran’s Day Parade. COMPLIANCE WITH COMPREHENSIVE PLAN OR OTHER PLAN: There is none. SUGGESTED COUNCIL ACTION: Staff requests approval of the parade. pg.37 AGENDA Parade Resolution WHEREAS, the American Legion Post 199 is sponsoring a Veteran’s Day Parade in the City of Edwardsville which constitutes a public purpose; and WHEREAS, this Parade will require the temporary closure of SR 143 and 159 a State Highway in the City of Edwardsville from Main Street to Union; 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 City Council of the City of Edwardsville that permission to close off SR 143 and 159 from Main Street to Union 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 7:00 p.m. to 8:00 p.m. on November 11th, 2021. BE IT FURTHER RESOLVED that this closure is for the public purpose of the Veteran’s Day 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 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 all debris shall be removed by the City of Edwardsville prior to reopening the State highway. 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. pg.38 AGENDA 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 to the fullest extent permitted by law, 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. PASSED this ________ day of ______________, 2021 pursuant to a roll call vote as follows: AYES: NAYS: ABSTENTIONS: ABSENT: APPROVED this ______ day of __________________________, 2020. BY: ____________________________________________ Art Risavy, Mayor City of Edwardsville, Madison County, Illinois ATTESTED: Filed in my office this _____ day of _____________________, 2021. BY: ____________________________________________ Michelle Boyer, Clerk City of Edwardsville, Madison County, Illinois pg.39 AGENDA EDWARDSVILLE PARKS DEPARTMENT MEMORANDUM To: Will Krause, Chairman Administrative & Community Services From: Catherine Keck, Office Assistant Parks and Recreation Date: Monday, September 13, 2021 Subject: Forwarded Items from Recreation, Arts & Special Events Board At the regular meeting of Recreation, Arts & Special Events Board on Monday, September 7, 2021 the Board reviewed the following requests for Community events: a. National Night Out – Edwardsville Police Department on October 5, 2021 b. Fall Beer Fest – Global Brew, Inc. on October 23, 2021 c. Veterans Day Parade – American Legion Post 199 on November 11, 2021 The National Night Out was approved as it stands from previous years and no rain date. The Fall Beer Fest was approved as it stands from previous years and no rain date. The Veterans Day Parade was approved with no changes from previous years with the same 2020 route and no rain date. All events were approved and reviewed by the Recreation, Arts & Special Events Board. The events have also been reviewed by a representative from the police department. The Board recommends the Administrative and Community Services Committee approve the above events for forwarding to the City Council at the next meeting. The issue of waived fees are to be discussed and voted on by ACS and then to the City Council. pg.40 AGENDA pg.41 AGENDA pg.42 AGENDA pg.43 AGENDA pg.44 AGENDA pg.45 AGENDA pg.46 AGENDA pg.47 AGENDA pg.48 AGENDA pg.49 AGENDA pg.50 AGENDA pg.51 AGENDA pg.52 AGENDA pg.53 AGENDA pg.54 AGENDA pg.55 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.56 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.57 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.58 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.59 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.60 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.61 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.62 AGENDA pg.63 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.64 AGENDA pg.65 AGENDA pg.66
Administrative & Community Services Committee — Edwardsville, IL