Administrative & Community Services Committee

AGENDA Meeting Date: Tuesday, December 02, 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 November 10, 2021 ACS meeting p. 3 2. Correspondence & Announcements: A. Letter from Plan Commission regarding City Walk PUD Development Plan p. 6 B. Letter from Plan Commission regarding a Text Amendment to Section 1242.04 – Light Manufacturing (M-1) p. 7 C. Letter from Plan Commission regarding a Text Amendment to Text Amendment to Article 3 Section 3-1.1 and 3-4A of Appendix A Land Development Code – Preliminary and Final Plat Routing p. 8 D. Letter from Zoning Board of Appeals regarding a Special Use Permit for 200 S. Fillmore Street p. 9 3. Council Matters A. FILED FOR SECOND READING: B. NEW ITEMS: 1) An Ordinance Amending Appendix B (Zoning Code) of the Codified Ordinances of the City of Edwardsville Regarding the elimination of Food Trucks in M-1 Light Manufacturing – first reading p. 11 2) An Ordinance Amending Appendix A (Land Development Code) of the Codified Ordinances of the City of Edwardsville Regarding the routing of Preliminary and Final Plats – first reading p. 14 3) A Resolution Approving a Special Use Permit for a “Type B” Non-Owner Occupied Short-Term Rental at 200 South Fillmore Street p. 38 4) An Ordinance Annexing 7463 State Route 143 into the City of Edwardsville (Request Suspension of Rules and Pass on First Reading) p. 49 5) An Ordinance Establishing Edwardsville Tourism Advisory Committee – first reading p. 54 6) An Ordinance Making an Assessment, Levy, and Collection of Taxes within the Corporate Limits of the City of Edwardsville, County of Madison, State of Illinois, for the Tax Year 2021 and for the Corporate Expenses for the Fiscal Year Beginning May 1, 2021 and Ending April 30, 2022 – first reading p. 59 C. ITEMS HELD IN COMMITTEE: 4. Boards & Commissions: A. Plan Commission – Minutes 10-18-21 p. 65 B. Zoning Board of Appeals – Minutes 10-25-21 p. 68 C. Human Relations Committee D. Historic Preservation Commission – Minutes 10-13-21 p. 71 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 F. Edwardsville Beautification and Tree Commission G. Library Board H. Band Board I. Cool Cities – Minutes 10-21-21 p. 74 5. Old Business: 6. New Business: A. Date and Time of December 30th ACS Meeting 7. Next ACS Meeting: Thursday, December 16, 2021 at 5:00 p.m. in City Hall Council Chambers,118 Hillsboro Ave 8. Adjournment CITY COUNCIL MEETING: Tuesday, December 7, 2021 at 7:00 p.m. in City Hall Council Chambers, 118 Hillsboro Ave Pg. 2 AGENDA Administrative and Community Services Committee Minutes November 10, 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 Mike Fillback James Arnold Kevin Head Jeanne Wojcieszak Chuck Bolinger John Falcone Jeff Pauk PUBLIC COMMENT: John Falcone presented a letter regarding his denial for the variance request on his property. An updated timeline was also presented starting January 12, 2021 and ending November 8, 2021 for this variance request at 1425 McCoy Dr. 1. Approval of minutes from the October 28, 2021 ACS meeting – Motion to approve (Krause), seconded (Stack) and voted all ayes to forward to Council 2. Correspondence & Announcements: A. Monthly Building Permit Report – October 2021 3. Council Matters A. FILED FOR SECOND READING: 1) Approval of an Ordinance Amending Chapter 106 (Taxation) Section 106-326 of the Codified Ordinances of Edwardsville, Illinois (Municipal Hotel/Motel Tax) – Motion to approve (Krause), seconded (Stack) and voted all ayes to forward to Council B. NEW ITEMS: 1) Approval to award the RP Lumber – The CENTER FFE Contract to Louer Facility Planning, Inc. in the amount of $177,698.77. There were six responses and five of them followed the rules. This will approve to have the furniture ordered by November 30, 2021. The Jr. Service Club is responsible for $104,520.06 and the City is 1 Pg. 3 AGENDA responsible for 73,178.71. – Motion to approve (Krause), seconded (Burns) and voted all ayes to forward to Council 2) Approval of RASE Board Items from November 2, 2021 – Motion to approve (Krause), seconded (Stack) and voted all ayes to forward to Council a. Christmas Ugly Sweater 5K – Trinity Lutheran Ministries on December 11, 2021 3) INFORMATION ONLY: Lusk Memorial Park – Jeff Pauk was present. He is the owner of Madison County Surveyors and spoke partly on behalf of Madison County Historical Society. The plan is for the Historical Society to take over the responsibilities that the Lusk board has taken in the past. He presented two packets. One being various articles put together over the years of the people that were buried there and of the events that happened at Lusk. The other packet shows an article on the cemetery itself. He confirmed that Lusk is a cemetery. There is a lot of misinformation about the bodies being dug up moved to Woodlawn Cemetery. They were not dug up and moved to Woodlawn. There are two cemeteries at Lusk cemetery. The first is the original City burying ground. The second is the Lusk Cemetery which is adjacent to an adjoining part of it. The City burying ground was platted as part of the original City subdivision. In 2011, he conducted a survey of these grounds. Part of the process involved included taking the old map where the family plots were and superimposing that to what currently exists. On the North side of the map between the Lusk part of the cemetery and South Street you can see where the original City cemetery was located. There is no map of individual graves on the City cemetery to be known. Lusk cemetery did have blocks that were laid out for various families. On average these lots were 10 ft. by 17 ft. in size (roughly 10-12 people could be buried in one of these lots). These were purchased by the families and do not know an accurate number on how many bodies were once there. There were roughly 1,000 people but that would not include the larger blocks along the West & North side. The original City cemetery is almost an equivalent size. It was said that the reason it was closed down is because there wasn’t room left. C. ITEMS HELD IN COMMITTEE: None 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 – November 2021 2) Recreation Quarterly Report 3) Program Report – November 2021 4) Program Quarterly Report 2 Pg. 4 AGENDA F. Edwardsville Beautification and Tree Commission G. Library Board H. Band Board I. Cool Cities 5. Old Business: None 6. New Business: None 7. Next ACS Meeting: Thursday, December 2, 2021 at 5:00 pm in City Hall Council Chambers, 118 Hillsboro Ave. 8. Adjournment – Motion to adjourn (Krause), seconded (Stack) CITY COUNCIL MEETING: Tuesday, November 16, 2021 at 7:00 p.m. at City Hall Council Chambers, 118 Hillsboro Ave. 3 Pg. 5 AGENDA PLAN COMMISSION DATE: November 16, 2021 TO: MAYOR CITY COUNCIL ADMINISTRATIVE & COMMUNITY SERVICES COMMITTEE FROM: PLAN COMMISSION ITEM: City Walk PUD Development Plan MOTION: Move for approval with staff recommendations. VOTE: Ayes: 7 Boline, Schlueter, Wencewicz, Scheffel, Harr, Pepper, Miracle Nays: 1 Niebur Sharp Abstains: 1 Gerber COMMENTS: SIGNATURE: s/ Mike Boline, Chairman Meeting Dates: Plan Commission – November 15, 2021 Pg. 6 AGENDA PLAN COMMISSION DATE: November 16, 2021 TO: MAYOR CITY COUNCIL ADMINISTRATIVE & COMMUNITY SERVICES COMMITTEE FROM: PLAN COMMISSION ITEM: Text Amendment to Section 1242.04 – Light Manufacturing (M-1) allowing food trucks on any size lot. MOTION: Move for approval. VOTE: Ayes: 9 Boline,Wencewicz, Schlueter, Gerber, Harr, Miracle, Pepper, Scheffel, Niebur Sharp Nays: 0 Abstains: 0 COMMENTS: SIGNATURE: s/ Mike Boline, Chairman Meeting Dates: Plan Commission – November 15, 2021 Pg. 7 AGENDA PLAN COMMISSION DATE: November 16, 2021 TO: MAYOR CITY COUNCIL ADMINISTRATIVE & COMMUNITY SERVICES COMMITTEE FROM: PLAN COMMISSION ITEM: Text Amendment to Article 3 Section 3-1.1 and 3-4A of Appendix A Land Development Code – Preliminary and Final Plat Routing MOTION: Move for approval. VOTE: Ayes: 9 Boline,Wencewicz, Schlueter, Gerber, Harr, Miracle, Pepper, Scheffel, Niebur Sharp Nays: 0 Abstains: 0 COMMENTS: SIGNATURE: s/ Mike Boline, Chairman Meeting Dates: Plan Commission – November 15, 2021 Pg. 8 AGENDA November 23, 2021 Honorable Mayor Risavy And City Council City of Edwardsville 118 Hillsboro Avenue Edwardsville, IL 62025 Re: Case 2021-45 Resolution for a Special Use Permit for 200 South Fillmore Street (PID 14- 2-15-11-12-204-026) from R-1 Single Family Residential 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 200 South Fillmore Street to allow for a “Type B” Non-Owner Occupied Short-Term Rental. The property is currently zoned R-1 Single Family Residential District. After due notice as required by law, the Zoning Board of Appeals held a public hearing on November 22, 2021 at City Hall, 118 Hillsboro Avenue, Edwardsville, Illinois. The Zoning Board of Appeals recommended approval of the Special Use Permit with the condition that it is issued in the name of the applicants only and is not transferrable, by a vote of 4 ayes, 0 nays and 0 abstain, based on the following findings of fact: 1. Existing uses and zoning of nearby property and relationship to Edwardsville’s adopted comprehensive plan. Direction Zoning Designation Use North R-1 Single-Family Residential District Religious Institution East R-1 Single-Family Residential District Commercial South R-1 Single-Family Residential District Single-Family Dwelling West B-1C Downtown Transition District Commercial 2. 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. Pg. 9 AGENDA Zoning Board of Appeals - Page 2 of 2 200 South Fillmore Street Zoning Resolution of a Special Use Permit 3. 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. 4. 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 Short-Term Rental use would provide Edwardsville’s visitors with a more local experience for their stay. While 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 staff feels that the location on the edge of the downtown district is appropriate. 5. 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). It should be noted that there is no off-street parking available on this parcel and that all parking is located on the street, similar to other parcels in the neighborhood. 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 with the condition that it is issued in the name of the applicants only and is not transferrable. Respectfully submitted, Ann Robertson Ann Robertson Vice-Chair Zoning Board of Appeals Pg. 10 AGENDA DATE: December 2, 2021 ACTION ITEM TITLE: An Ordinance Amending Appendix B (Zoning Code) of the Codified Ordinances of the City of Edwardsville Regarding the elimination of Food Trucks in M-1 Light Manufacturing ORIGIN: Public Works SUMMARY: The attached ordinance amendment proposes the elimination of Food Trucks within the “M-1” Light Manufacturing District. RATIONALE: In September 2021, Chapter 82 “Peddlers and Solicitors” was amended to address the locations in which food trucks may operate in the City of Edwardsville. Food Trucks will no longer be regulated by the Zoning Code as a result of this amendment. COMPLIANCE WITH COMPREHENSIVE PLAN: N/A SUGGESTED COUNCIL ACTION: Approval Pg. 11 AGENDA ORDINANCE NO. ___________ AN ORDINANCE AMENDING APPENDIX B (ZONING) OF THE CODIFIED ORDINANCES OF THE CITY OF EDWARDSVILLE REGARDING FOOD TRUCKS WHEREAS, the Corporate Authorities of the City of Edwardsville may establish regulations pertaining to zoning within the City of Edwardsville; and WHEREAS, Chapter 1242.04, Section (d) of Appendix B, Zoning, provides the permitted uses within the “M-1” Light Manufacturing District; and WHEREAS, the proposed text amendment will eliminate the only reference to Food Trucks in the Zoning Code because Food Trucks are now wholly regulated by Chapter 82, “Peddlers and Solicitors” as per Ordinance # 6710-09-2021 and; WHEREAS, the Plan Commission did hold a properly noticed public hearing on November 15, 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 December 2, 2021 and recommended approval of the proposed amendments to Appendix B (Zoning) by a vote of ayes and 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: PERMITTED USES. The following variance is hereby removed from section 1242.04 (b) (6). (6) Food trucks, provided they are located on lots five acres in size or larger, unless otherwise specified by chapter 82, article IV 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 Pg. 12 AGENDA 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. 13 AGENDA DATE: December 2, 2021 ACTION ITEM TITLE: An Ordinance Amending Appendix A (Land Development Code) of the Codified Ordinances of the City of Edwardsville Regarding the routing of Preliminary and Final Plats ORIGIN: Public Works SUMMARY: The proposed text amendment streamlines the approval procedure for preliminary and final plats and corrects other minor typos. The text amendment also changes all instances of the terminology ‘Department of Development Administration’ to ‘Department of Public Works.’ RATIONALE: This ordinance will result the approval process of both Preliminary and Final Plats as follows: 1. Review by Plan Commission 2. Review by Public Services Committee 3. Review by Administrative & Community Services Committee 4. Review and decision by City Council Currently, the process requires the Plat be forwarded through the ACS Committee, to City Council, who then directs Public Services to review it, before sending a recommendation to City Council. The new process is more streamlined while still allowing ample opportunity for public involvement during the process. COMPLIANCE WITH COMPREHENSIVE PLAN: N/A SUGGESTED COUNCIL ACTION: Approval Pg. 14 AGENDA ORDINANCE NO. ___________ AN ORDINANCE AMENDING APPENDIX A (LAND DEVELOPMENT CODE) OF THE CODIFIED ORDINANCES OF THE CITY OF EDWARDSVILLE REGARDING PRELIMINARY AND FINAL PLATS WHEREAS, the Corporate Authorities of the City of Edwardsville may establish regulations pertaining to zoning within the City of Edwardsville; and WHEREAS, Article 3, Section 3-1.1 of Appendix A, Land Development Code, provides the procedure by which preliminary plats are reviewed; and WHEREAS, Article 3, Section 3-4A of Appendix A, Land Development Code, provides the routing in which final plats are reviewed; and WHEREAS, the proposed text amendment will allow for a more streamlined review procedure for both preliminary and final plats by requiring review by the Public Services Committee and then the Administrative and Community Services Committee, prior to the City Council taking action on said plats; and WHEREAS, the proposed text amendment will also correct other minor typos and department names; and WHEREAS, the Plan Commission did hold a properly noticed public hearing on November 15, 2021 and recommended approval of the proposed amendments to Appendix A (Land Development Code) 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: AMENDMENT. The Land Development Code is hereby modified as shown in the following exhibits: A. Exhibit A – Section 3-1.1 – Preliminary Plats B. Exhibit B – Section 3-4 – Final Plats 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 Pg. 15 AGENDA 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. 16 AGENDA Appendix A Section 3-1. Preliminary plats. 3-1.1 General procedure: Before preparing a proposed plat for an area, the owner, developer, or their representatives should have a pre-application meeting with the department of development administrationPublic Works and department of public works to determine applicable ordinance regulations and standards which must be complied with. After the pre-application meeting(s), the subdivider should then prepare a concept plan for the proposed subdivision. The concept plan shall be submitted to the department of development administrationPublic Works and delivered to the city's concept plan review team which shall consist of members of the department of development administrationPublic Works. Department of public works, fire department, police department, parks department, and any city consultant(s). One week after submittal of the concept plan to the city's concept plan review team, the director of the department of development administrationPublic Works shall schedule a concept plan review team meeting. One week after the city's concept plan review team meeting, the director of the department of development administrationPublic Works shall schedule a concept plan review team meeting with the developer to review the concept plan to determine applicable ordinance regulations, standards and development concepts. After the concept plan review team meeting(s), the subdivider should then prepare the preliminary plat or plan. As defined in the land development code, the preliminary plat cannot be considered as filed until all required data are submitted. The preliminary plat is received in the office of the department of development administrationPublic Works with filing fees to be paid at the city clerk's office after plat receipt. The department of development administrationPublic Works will forward the plat to the plan commission and other appropriate agencies, for their review after which the plan commission will forward the plat or plan, with its written recommendations (as well as comments from other appropriate agencies when required) to the city council, through the public services and administrative and community service committees. The city council shall then forward the plat or plan to the public services committee for their review and preparation of resolution after which they will return it to the city council with their written recommendations, who then shall approve, disapprove, or approve with modifications the preliminary plat by resolution. 3-1.2 Filing procedure: Except as specifically provided otherwise below, every person who proposes to subdivide any land located within the subdivision jurisdiction of this municipality shall file 30 copies of the preliminary plat of said subdivision with department of development administrationPublic Works. Whenever a tract is to be developed in stages and only a portion of that tract is to be submitted for final plat approval, nonetheless, a preliminary plat or plan of the entire tract shall be submitted. All preliminary plats shall be reviewed and acted upon in accordance with Illinois Statutes. 3-1.3 Information required: Every preliminary plat shall be prepared and sealed by an Illinois Licensed Land Surveyor and Illinois Licensed Professional Engineer when public improvements are proposed in accordance with state law at any scale from one inch equals 20 feet through one inch equals 100 feet provided the resultant drawing or drawings do not exceed 24 inches by 36 inches. Preliminary plats shall include all of the following: (a) Small key map showing the relation of the proposed subdivision to section or U.S. Survey lines and to platted subdivisions and dedicated roads within 300 feet of the proposed subdivision; (b) Names and addresses of the owner, subdivider (if not the owner), licensed land surveyor and licensed professional engineer. (c) Proposed name of the subdivision; (d) Zoning district classification of the tract to be subdivided, and of the adjacent land; (Supp. No. 45) Page 1 of 5 Pg. 17 AGENDA (e) North arrow, graphic scale, and date of plat; (f) The gross and net acreage area of the proposed subdivision; the acreage of street rights-of-way; the acreage of any areas reserved for the common use of the property owners within the subdivision and/or for public use; and the gross acreage reserved for green space, the net acreage for active green space and net acreage for passive green space. (g) All lot lines adjacent to and abutting the subdivision; (h) Tract boundary lines showing dimensions, bearings, angles, and references to known land lines; (i) Types of existing vegetation and topography of the tract to be subdivided as indicated by two-foot contour data for land having slopes of zero to four percent, five-foot contour data for land having slopes between four to 12 percent, and ten-foot contour data for land having slopes of 12 percent or more; (j) Any proposed alteration, adjustment or change in the elevation, topography or existing vegetation of any area; (k) Locations of such features as bodies of water, ponding areas, natural drainage, railroads, cemeteries, bridges, parks, schools, etc. All open drainage ditches shall be identified with flow line elevations indicated at every proposed property line or at 100-foot intervals, whichever is closest; (l) Streets and rights-of-way on and adjoining the site of the proposed subdivision; names, street rights- of-way and paving widths; approximate gradients; types and widths of pavement, curbs, sidewalks, crosswalks, planting strips and other pertinent data, including classification of all existing or proposed streets as to function as defined by this code; (m) A copy of the results of any tests made to ascertain subsurface rock and soil conditions and the water table, and a report addressing soil types referencing the "Soil Survey of Madison County" (prepared by Soil Conservation Service); (n) Locations, widths, and purposes of all existing and proposed easements; (o) A copy of the description of all proposed deed restrictions and covenants; (p) Location and size of existing and proposed sanitary and storm sewers, water lines (with static pressure), fire hydrants (with flow test data), flood hazard areas, and general stormwater detention basins; (q) Locations, types, and approximate sizes of all other existing and proposed utilities; (r) Building setback or front yard lines and dimensions; (s) Locations, dimensions, and areas of all parcels to be reserved or dedicated for schools, parks/playground, and other public purposes; (t) Locations, dimensions, and areas of all proposed or existing lots within the subdivision; (u) Signed statements from the Madison County "9-1-1" Coordinator, the U.S. Post Master, the Edwardsville Police Department, and the Edwardsville Fire Department approving the street names; (v) Evidence of proposed compliance with soil erosion and sediment control ordinances; (w) A written report by a professional engineer discussing the infrastructure proposed and the manner in which site constraints are intended to be dealt with including and flood hazard areas, requirements for Section 404 permit and archaeological sign-off by the required public agencies; (x) Evidence that: (Supp. No. 45) Page 2 of 5 Pg. 18 AGENDA 1) Cultural resources sign-off has been requested from the State of Illinois Department of Historic Sites; 2) Endangered species sign-off has been requested from the Department of Natural Resources; (y) Drainage map showing extent of existing watersheds and outlets; proposed sub-watersheds and their outlets; contours, A-zones, existing and proposed drainage structures drainage areas, existing and proposed land use, and detention storage basins, facilities, with indications of future responsibility for maintenance of the basins and structures; (z) Opinion of probable cost of public improvements prepared by a licensed engineer; and (aa) Locations, dimensions, and areas of all parcels to be reserved or used for Green Space and its intended use. 3-1.4 Plan commission action: The plan commission shall either approve or disapprove the application for preliminary plat or plan approval within 60 days from the date of said application or the filing of the last item of required supporting data, whichever date is later, unless the plan commission and the subdivider mutually agree to extend this time limit. If the plan commission disapproves the preliminary plat they shall furnish to the applicant and forward to the city council within the 60-day period a written statement specifying the aspects in which the proposed plat fails to conform to this code and/or the official map. If the plan commission approves or disapproves the preliminary plat, they shall inform the city council and action can be taken at the next regularly scheduled city council meeting. (a) Notice of meeting. The plan commission shall give notice of its consideration of any preliminary plat and allow the opportunity to be heard to the following person(s) or group(s) during its preliminary review time period: 1. Any person requesting notification of the meeting. 2. Any governmental or taxing body which requests notification of the meeting. 3-1.5 Review by city council; time constraints: The city council shall review the preliminary plat, along with the plan commission recommendations and approve, disapprove or approve subject to certain conditions and/or modifications said preliminary plat within 30 days after its next regularly scheduled meeting following receipt of the written plan commission recommendations, unless variances from zoning code requirements are needed, in which case, the city council's 30 days shall commence the day after the board of appeals hearing is held, as required by the zoning code. If the city council rejects the preliminary plat, their resolution shall specify the aspects in which the plat fails to comply with this code and/or the official map. The city clerk shall attach a certified copy of the council's resolution of approval or disapproval to the preliminary plat. One copy of the resolution and plat shall be retained by the clerk, one copy shall be filed with the department of development administrationPublic Works, one copy shall be filed with the department of public works, and one copy shall be sent to the subdivider by return receipt mail. 3-1.6 Rights and privileges of subdivider: Preliminary plat approval shall confer the following rights and privileges upon the subdivider: (a) That the preliminary plat will remain in effect for a two-year period from the day the city council approves the same. The applicant may, during this period, submit all or part of said preliminary plat for final approval. In the event that the subdivision is being developed in stages, the applicant may, by written mutual agreement with the city council, have final approval of the last part of the plat delayed for a period not to exceed five years from the date of the preliminary plat approval. Any part of a subdivision which is being developed in stages shall contain a tract of land at least one block in area or five gross acres. (Supp. No. 45) Page 3 of 5 Pg. 19 AGENDA (b) That the general terms and conditions under which the preliminary plat approval was granted will not be changed for final approval, excluding issues of water supply adequacy or sewer capacity. (c) The subdivider may proceed with design of improvement plans and preparation of stormwater calculations for all facilities or utilities intended to be provided. Actual construction of such facilities and improvements may commence after review and acceptance of the plans, specifications and calculations and upon issuance of a site development permit in accordance with article IV of this division by the director of public works. (Supp. No. 45) Page 4 of 5 Pg. 20 AGENDA (Supp. No. 45) Page 5 of 5 Pg. 21 AGENDA Appendix B Section 3-4. Final plats. 3-4A. FINAL MAJOR PLATS The final plat shall not be executed until certification by the director of public works of subdivision improvement plans has occurred. The final plat is filed in the office of the department of development administrationPublic Works, together with all appropriate certifications. The department of development administrationPublic Works after determining that the plat meets all of the requirements set forth in the land development code for final plat (approved preliminary plat, certified improvement plans, compliance with subsections 3-4.2, and 3-4.3) and that all certification have been included, will forward two copies of the final plat to the public works department for review. Advisory reports shall be prepared by both departments in accordance with subsection 3-4.4 of this division. Following its review, as we as comments from other appropriate agencies, the plan commission will forward the plat to the public services committee and administrative and community services committee for review. The ACS committee following its review shall prepare a draft resolution and forward it and the final plat with all recommendations and comments to the city council. The city council will then by resolution approve, disapprove, or approve with modifications the final plat. The city council shall not approve any final plat unless it determines that the plat is in compliance with all pertinent requirements of this code including those set forth in the subsections below. 3-4.1 Filing, time limits: The subdivider of every subdivision who desires final plat approval shall file 30 copies of the final plat which have been signed and sealed by the owner, developer, district engineer (where applicable by law) and registered land surveyor, and any supporting data with the department of development administrationPublic Works and pay all associated filing fees with the city clerk no later than two years after preliminary plat approval has been granted. However, with the consent of the city council, the subdivider may delay application for final approval of part(s) of the tract shown on the preliminary plat for successive one-year periods. No lot shall be sold for such subdivision and filed for record as required by state statutes. 3-4.2 Information required: Every final plat shall be prepared by a registered land surveyor on mylar in ink at a scale not greater than 50 feet equals one inch and the resultant drawing shall be 24 [by] 36 inches. The final plat and supporting data shall portray/provide all of the information required by statute, and shall include: (a) North arrow, graphic scale, date, and area location map; (b) Name of subdivider, subdivision, identification of the portion of the public lands survey in which the subdivision is located; (c) Accurate metes and bounds or other adequate legal description of the tract, and the included area of the subdivision to the nearest one-hundredth of an acre; (d) Accurate boundary lines, with dimensions and bearings or angles which provide a survey of the tract, closing with an unadjusted error of closure of not more than one foot in 10,000 feet; or not more than 0.5 foot, whichever is less, adjusted to close; (e) All dimensions shall be shown in feet and decimals of a foot or meters and centimeters; (f) Reference to recorded plats of adjoining platted land by record name, plat book, and page number; (g) Accurate locations of all existing streets intersecting the boundaries of the subdivision; (Supp. No. 45) Page 1 of 16 Pg. 22 AGENDA (h) Right-of-way lines of all streets, other rights-of-way, easements, and lot lines with accurate dimensions, angles, or bearings and curve data, including radii, arcs or chords, points of tangency, and central angles; (i) Name and right-of-way width of every proposed street; (j) The purpose of any existing or proposed easement(s) and dimensions thereof. The following easement statements: "A permanent non-exclusive easement is hereby reserved for and granted to the City of Edwardsville, Madison County, Illinois, and to those public utility companies operating in the City of Edwardsville, in, upon, across, over, under, and through the areas shown by dashed lines and labeled "UTILITY EASEMENT" on this Plat of Subdivision for the purpose of installing, constructing, inspecting, operating, replacing, renewing, altering, enlarging, removing, repairing, cleaning, and maintaining sanitary sewers, storm sewers, water mains, electrical, gas, telephone, cable TV, or other utility lines or appurtenances, all manholes, hydrants, pipes, connections, catch basins, wire, conduit, and without limitation, such other installations as may be required to furnish public utility service to or through the attached area, and such other appurtenances and additions thereto as said City and Utilities may deem necessary, together with the right of access across the lots and real estate included in the attached document for the necessary personnel and equipment to do any or all of the above work. The right is also hereby granted to said City and Utilities to cut down, trim, or remove any trees, shrubs, or other plants that interfere with the operation of or access to said sewers or, without limitation, utility installations in, on, upon, or across, under, or through said "UTILITY EASEMENT". No permanent buildings, swimming pools, retaining walls, fences, surfaces, earth fill, or landscaping (including trees and shrubs) shall be placed on said "UTILITY EASEMENT" that then or in the future interfere with the aforesaid uses and rights. Where a "UTILITY EASEMENT" is used for water, storm, or sanitary sewers, other utility installations shall be subject to the prior approval of the said City so as not to interfere with or cause damage to these systems. Maintenance of said easements shall remain the responsibility of the property owners. Property owners shall be responsible for the costs associated with removing unauthorized obstacles from the "UTILITY EASEMENT". "A permanent, non-exclusive easement is hereby reserved for and granted to the City of Edwardsville, Madison County, Illinois, in, upon, across, over, under, and through the areas shown by dashed lines and labeled "DRAINAGE EASEMENT" on this Plat of Subdivision for the purpose of installing, constructing, inspecting, replacing, renewing, altering, enlarging, removing, repairing, cleaning, and maintaining, ditches, swales, catch basins, culverts, piping, and without limitation such other installations as may be required to provide for drainage of surface water from, to, or through the attached area, and such other appurtenances and additions thereto as said City may deem necessary, together with the right of access across the lots and real estate included in the attached document for the necessary personnel and equipment to do any or all of the above work. The right is also hereby granted to said City to cut down, trim, or remove any soil, silt, trees, shrubs, other plants or appurtenances or structures that interfere with the operation of or access to said drainage ways, in on upon, or across, under, or through said "DRAINAGE EASEMENT". No permanent buildings, swimming pools, retaining walls, fences, surfaces, earth fill, or landscaping (including trees and shrubs) shall be placed on said "DRAINAGE EASEMENT" that then or in the future interfere with the aforesaid uses and rights. Maintenance of said easements shall remain the responsibility of the property owners. Property owners shall be responsible for the costs associated with removing unauthorized obstacles from the "DRAINAGE EASEMENT". (k) Number of each lot, lot dimensions, and (may be a separate list) lot areas; (l) Purpose(s) for which sites, other than private lots, are reserved; (m) Building or setback lines with accurate dimensions sufficient to determine their locations; (Supp. No. 45) Page 2 of 16 Pg. 23 AGENDA (n) Restrictions of all types which will run with the land, and become covenants in the deeds of lots; (o) Certification of dedication of all public areas; (p) Accurate distances and directions of the nearest established NOS, FEMA, or published benchmark based on NOS datum; reference corners shall be accurately described on the final plat; (q) Reference to known and permanent monuments from which future surveys may be made; and the surveyor must, at the time of making his survey, establish permanent monuments (set in such a manner that they will not be moved by frost) which mark the external boundaries of the tract to be divided or subdivided and must designate upon the plat the locations where they may be found; (r) Location, type, material and size of all monuments and lot markers to be set prior to recording; (s) A set of signed "as-built" public improvement plans, acceptable to the public works department; (t) Signature attesting to the final plat by the owner, developer, land surveyor and district engineer (if required by statute); (u) Applicable 100-year flood elevations as determined by FEMAFEAM, or as determined by highest applicable downstream culvert or roadway overflow elevation, and lowest basement foundation opening or top of pool wall elevation for all lots subject to flooding from stormwater drainage ways, whether natural or man-made. (v) Locations, dimensions, and areas of all parcels to be reserved or used for green space and its intended use. 3-4.3 Certificates required: As required by state law, the following certificates shall be executed on the final plat: (a) Owner's certificate. We, ___________, the Owners of (description) , have caused the said tract to be surveyed and subdivided in the manner shown, and said subdivision is to be hereinafter known as ___________, except as noted. All rights-of-way and easements shown hereon are hereby dedicated to the use of the public forever including the release and waiver of the right of homestead under the Homestead Exemption laws of the State of Illinois. Dated this _____ day of _______, 19___. ___________(Seal) ___________(Seal) (b) Notary public's certificate. State of Illinois ) ) ss County of Madison ) I, ___________, a Notary Public in and for the County aforesaid, do hereby certify that (owners) are personally known to me to be the same persons whose names are subscribed to the foregoing instrument, and that they appeared before me this day in person and acknowledged that they signed and sealed the same as their free and voluntary act for the uses and purposes therein set forth, including the release of waiver of the right of homestead. Given under my hand and Notarial Seal this _____ day of _______, 19___. (Supp. No. 45) Page 3 of 16 Pg. 24 AGENDA ___________ Notary Public (c) Surveyor's certificate. I, ___________ an Illinois Registered Land Surveyor, do hereby certify that this plat is a correct representation of a survey made under my direct supervision at the request of ___________ for the purpose of subdividing the tract into lots as shown. The subject tract (is) (is not) within 1½ miles of a municipality having a comprehensive plan and exercising its powers outside its corporate limits per statutes. ___________ Land Surveyor ___________ Illinois Registration Number ________ Date My license expires: ________ (d) County clerk's certificate. I, ___________, County Clerk of Madison County, Illinois, do hereby certify that I find no unpaid or forfeited taxes against any of the real estate included within this plat. ___________ County Clerk ________ Date (e) Certificate of city council. I, ___________, Clerk of the City of Edwardsville, do hereby certify that the plat shown herein was duly presented to the City Council and approved at a meeting of same held on (date) . ___________ City Clerk (f) Drainage certificate. (Supp. No. 45) Page 4 of 16 Pg. 25 AGENDA We, the undersigned, do hereby certify that, to the best of our knowledge, based on investigation and accepted principles, no residences or structures are, or will be, located within the one hundred year (100-Year) flood elevation as defined or identified by FEMA Community Panel # _____. By: ___________ Owner(s) By: ___________ Licensed, but Uninsured, Professional Engineer By: ___________ Registration Number and Expiration Date ___________ Date (g) 9-1-1 certification. I, ___________ Madison County 9-1-1 Coordinator do hereby certify that the street/road/highway names and numbering system on the attached plat have been reviewed and approved for use. ___________ 9-1-1 Coordinator ___________ Date 3-4.4 Administrative review, advisory report: Within 30 days from the date of application for final plat approval, the director of development administrationPublic Works and the director of public works shall review said final plat (and supporting data), and shall each advise the planning commission in writing whether it substantially conforms to the approved preliminary plat and improvement plans. A copy of their advisory reports shall be forwarded to the city council. The plan commission may prepare an addendum to said report (should they so desire), and forward same to the city council. 3-4.5 Action by city council: The city council shall either approve or disapprove the application for final plat approval by resolution within 60 days from the date of said application or the filing of the last item of required supporting data, whichever date is later, unless the council and the subdivider mutually agree to extend this time limit. The city council shall not approve any final plat unless: (a) The final plat substantially conforms to the approved preliminary plat; and (b) The supporting documentation with the final plat manifests substantial compliance with the design and improvements standards of this code, zoning ordinance, and the official map; and (c) To the council's knowledge and belief, the final plat complies with all pertinent requirements of state law; and (d) Either of the following has been met - (Supp. No. 45) Page 5 of 16 Pg. 26 AGENDA 1. All required improvements have reached completion and are shown on the final plat to be dedicated; or 2. The subdivider/developer provided assurance per section 3-3 to assure completion and dedication of all required improvements. If the city council disapproves the final plat, their resolution shall specify the aspects in which the plat fails to meet the above conditions for approval. The city clerk shall attach a certified copy of the council's resolution of approval or disapproval to the final plat. One copy of the resolution and plat shall be retained by the clerk, one copy shall be filed with the director of development administrationPublic Works, one copy shall be filed with the director of public works, and one copy shall be given to the subdivider. 3-4.6 After the council's action: The final plat with addresses as assigned by the Madison County 9-1-1 Coordinator shall be recorded in the Madison County Recorder's Office. After the final plat has been recorded, the office of development administrationPublic Works shall be provided with 15 copies of it. 3-4.7 Changes in approved final plats: Once the final plat is approved by the city council, it shall not thereafter be modified; provided, however, that minor changes may be made upon written application to and approved by the director of development administrationPublic Works and director of public works. Major changes require the filing of a new final plat and complete review. Changes will be considered major based on written opinion of either of the directors above named. 3-4B. MINOR SUBDIVISIONS Minor subdivisions may be exempted from the procedures and requirements for preliminary plats in section 3-1 and the subdivider may proceed to filing a final minor subdivision plat for review per the final minor plat procedures specified in section 3-5. Minor subdivisions consisting of up to and including five lots shall be submitted for review by an administrative review team to be appointed by the mayor that shall include the city planner, city engineer, and the director of public works and may include a member of the plan commission. The administrative review team may, at its discretion, obtain additional input from others, including but not limited to other city departments, utility providers, and county and state agencies. Upon the recommendation of the administrative review team, minor subdivisions may proceed to consideration by city council, beginning with review by the public services committee followed by review by the administrative and community services committee (See subsection 3-4.B4 Administrative review—Advisory report). Minor subdivisions shall be voted on by resolution of the city council. The plat and resolution shall be recorded with the county recorder of deeds. All other provisions of this ordinance shall apply. 3-4.B-1 Filing: The city council shall not approve any final minor plat unless it determines that the plat is in compliance with all pertinent requirements of this code including those set forth in the subsections below. The subdivider of every subdivision who desires final minor plat approval shall file 15 copies of the final minor plat which have been signed and sealed by the owner, developer, district engineer (where applicable by law) and registered land surveyor, and any supporting data with the department of public works and pay all associated filing fees with the city clerk upon submittal of the final minor plat. No lot within a final minor plat shall be sold or filed for recording until such times as the final minor plat has been approved by council as required by state statutes. 3-4.B-2 Information required: Every final minor plat shall be prepared by a registered land surveyor. The final plat and supporting data shall portray/provide all of the information required by statute, and shall meet the following specifications: 1. The final minor subdivision shall include all portions of the lot or lots to be divided. (Supp. No. 45) Page 6 of 16 Pg. 27 AGENDA 2. The plans shall be drawn in waterproof black ink. The scale shall be one inch equals 20 feet, 40 feet, or 50 feet; however, the resulting drawing should be 24 inches by 36 inches. Scales or sheet sizes other than this may be approved only on a case-by-case basis by the city engineer. Lettering shall be 0.1" or larger for the sake of legibility when the record documents are archived in microfilm by the city. Black or blue line prints in a quantity determined by the public works director and a digital file in a format acceptable to the city shall be provided to the city on or before the time of the final plat application. 3. All dimensions shall be shown in feet and decimals of a foot. 4. Phase II drainage report. 5. All surveys for a final minor subdivision plat shall be made under the active and personal direction of a registered land surveyor of Illinois, and the following basic information shall be shown: A. North arrow, graphic scale, and date of plat. B. Names and addresses of the owner, subdivider (if not the owner), licensed land surveyor and licensed professional engineer. C. Proposed name of the subdivision and section, township and range numbers in which the subdivision is located. D. Accurate metes and bounds or other adequate legal description of the tract, and the included area of the subdivision to the nearest one-hundredth [of an acre]. E. Accurate boundary lines, with dimensions and bearings or angles, which provide a survey of the tract, closing with an error of closure of not more than one foot in 10,000 feet. Coordinates shall be established for all property corners. F. Accurate distances and directions to the nearest established section corner monument. Reference corners shall be accurately described on the plat. G. All elevations shall be referenced to the National Geodetic Vertical Datum of 1929, and the said reference and benchmark shall be clearly stated on any plans or drawings showing such datum. H. Small key map showing the relation of the proposed subdivision to section or U.S. Survey lines and to platted subdivisions and dedicated roads within 300 feet of the proposed subdivision. I. Accurate location with accurate dimensions, angles, or bearings and curve data, including radii, arcs or chords, points of tangency, and central angles of all existing and recorded right-of-way intersecting or adjoining the boundaries of subject tract, including width and name, shown by heavy solid lines. J. The purpose and location of any existing easement and dimensions thereof shown by light dashed lines and shall contain the following easement statements as applicable: "A permanent non-exclusive easement is hereby reserved for and granted to the City of Edwardsville, Madison County, Illinois, and to those public utility companies operating in the City of Edwardsville, in, upon, across, over, under, and through the areas shown by dashed lines and labeled "UTILITY EASEMENT" on this Plat of Subdivision for the purpose of installing, constructing, inspecting, operating, replacing, renewing, altering, enlarging, removing, repairing, cleaning, and maintaining sanitary sewers, storm sewers, water mains, electrical, gas, telephone, cable TV, or other utility lines or appurtenances, all manholes, hydrants, pipes, connections, catch basins, wire, conduit, and without limitation, such other installations as may be required to furnish public utility service to or through the attached area, and such other appurtenances and additions thereto as said City and Utilities may deem necessary, together with the right of access across the lots and real estate included in the attached document for the necessary personnel (Supp. No. 45) Page 7 of 16 Pg. 28 AGENDA and equipment to do any or all of the above work. The right is also hereby granted to said City and Utilities to cut down, trim, or remove any trees, shrubs, or other plants that interfere with the operation of or access to said sewers or, without limitation, utility installations in, on, upon, or across, under, or through said "UTILITY EASEMENT". No permanent buildings, swimming pools, retaining walls, fences, surfaces, earth fill, or landscaping (including trees and shrubs) shall be placed on said "UTILITY EASEMENT" that then or in the future interfere with the aforesaid uses and rights. Where a "UTILITY EASEMENT" is used for water, storm, or sanitary sewers, other utility installations shall be subject to the prior approval of the said City so as not to interfere with or cause damage to these systems. Maintenance of said easements shall remain the responsibility of the property owners. Property owners shall be responsible for the costs associated with removing unauthorized obstacles from the "UTILITY EASEMENT". "A permanent, non-exclusive easement is hereby reserved for and granted to the City of Edwardsville, Madison County, Illinois, in, upon, across, over, under, and through the areas shown by dashed lines and labeled "DRAINAGE EASEMENT" on this Plat of Subdivision for the purpose of installing, constructing, inspecting, replacing, renewing, altering, enlarging, removing, repairing, cleaning, and maintaining, ditches, swales, catch basins, culverts, piping, and without limitation such other installations as may be required to provide for drainage of surface water from, to, or through the attached area, and such other appurtenances and additions thereto as said City may deem necessary, together with the right of access across the lots and real estate included in the attached document for the necessary personnel and equipment to do any or all of the above work. The right is also hereby granted to said City to cut down, trim, or remove any soil, silt, trees, shrubs, other plants or appurtenances or structures that interfere with the operation of or access to said drainage ways, in on upon, or across, under, or through said "DRAINAGE EASEMENT". No permanent buildings, swimming pools, retaining walls, fences, surfaces, earth fill, or landscaping (including trees and shrubs) shall be placed on said "DRAINAGE EASEMENT" that then or in the future interfere with the aforesaid uses and rights. Maintenance of said easements shall remain the responsibility of the property owners. Property owners shall be responsible for the costs associated with removing unauthorized obstacles from the "DRAINAGE EASEMENT". K. Locations of street trees: The developer shall provide trees along the street frontage of all land developments. The location of required street trees shall be clearly delineated on all site development plans, including those for planned unit developments. Street trees shall be deciduous hardwood trees of not less than three-inch caliper size as measured six inches above the ground with a clear trunk of at least six feet. Required street trees may include existing trees, new trees or a combination thereof, provided that there is one tree for every 50 lineal feet, or part thereof, of street frontage. Street trees may be located within the street right-of-way or on the subject property at least eight feet from the edge of the pavement, but not more than ten feet from the edge of the street right-of-way. Street trees shall be centered at least three feet from the edge of sidewalks, and spaced not less than 20 feet apart. The placement of street trees must not interfere with proposed or existing utility lines. It is the responsibility of the developer to provide adequate front, side and rear yards, not less than six feet in width for the planting of such trees. Street trees may include any of the following recommended species: Thornless Honey Locust, Red Maple, Sugar Maple, Hedge Maple, Seedless Green Ash, White Ash, Gingko, Ironwood, Pin Oak, Willow Oak, Red Oak, Littleleaf Linden, Silver Linden, Japanese Zelkova, and Bradford, Cleveland, or Aristocrat Pear. L. Locations of existing street lighting standards and street signs. (Supp. No. 45) Page 8 of 16 Pg. 29 AGENDA M. Number each lot or site for identification and indicate the address assigned by the county 911 coordinator. N. Lot dimensions shown in feet and decimals, area of each lot, and required building setback lines. O. Names of owners of record of adjoining platted and unplatted land adjoining platted land by record name, date and number. P. Zoning district classification of the tract to be subdivided and the adjacent land. Q. Reference to recorded subdivision plats within 300 feet of reference to known and permanent monuments from which future surveys may be made; and the surveyor must, at the time of making his survey, establish permanent monuments (set in such a manner that they will not be moved by frost) which mark the external boundaries of the tract to be divided or subdivided and must designate upon the plat the locations where they may be found. R. Applicable 100-year flood elevations as determined by FEMA, or as determined by highest applicable downstream culvert or roadway overflow elevation, and lowest basement foundation opening or top of pool wall elevation for all lots subject to flooding from stormwater drainage ways, whether natural or manmade. S. Notation on plat of required finished floor elevations and suitability of each lot for walkout basements. T. Location, type, material and size of all monuments and lot markers. U. The acreage area of the proposed subdivision to the nearest hundredth of an acre; the acreage of any areas reserved for the common use of the property owners within the subdivision and/or for public use; and the gross acreage reserved for green space, the net acreage for active green space and net acreage for passive green space. V. Restrictions of all types which will run with the land, and become covenants in the deeds of lots. W. Certification of dedication of all public areas. X. Certification by a registered land surveyor and a registered professional engineer with registration numbers and seal(s) affixed to all final documents of the final minor subdivision plat. The engineer shall also certify on the plat: "All required and applicable agencies were properly notified and approved of the project", and these agency notifications shall include: Illinois Historic Preservation Agency (IHPA); Illinois Department of Natural Resources (IDNR - endangered species); Illinois Department of Natural Resources (IDNR - stream hydraulics); Natural Resource Conservation Service (NRCS); U.S. Army Corps of Engineers (USAGE - Clean Water Act - stream hydraulics); Illinois Environmental Protection Agency (IEPA - storm water permit); Madison County Department of Roads and Bridges (entrance permit); Illinois Department of Transportation Division of Highways (IDOT- entrance permit); U.S. Department of Agriculture (USDA - prime farm land)." The applicable agency sign-offs shall be submitted to the city before the city will sign the final minor subdivision plat. Y. Certificate that all taxes due have been paid. Z. Signature attesting to the final minor subdivision plat by the owner, developer, land surveyor and district engineer (if required by statute). 3-4.B-3 Final minor subdivision certificates required. As required by state law, the following certificates shall be executed on the final plat: (a) Owner's certificate. (Supp. No. 45) Page 9 of 16 Pg. 30 AGENDA We, _______, the Owners of (description) have caused the said tract to be surveyed and subdivided in the manner shown, and said subdivision is to be hereinafter known as ___________, except as noted. All rights- of-way and easements shown hereon are hereby dedicated to the use of the public forever including the release and waiver of the right of homestead under the Homestead Exemption laws of the State of Illinois. Dated this _______ day of _______, 20_____. _______(Seal) _______(Seal) (b) Notary public's certificate. State of Illinois ) ) ss County of Madison ) I, _______, a Notary Public in and for the County aforesaid, do hereby certify that (owners) are personally known to me to be the same persons whose names are subscribed to the foregoing instrument, and that they appeared before me this day in person and acknowledged that they signed and sealed the same as their free and voluntary act for the uses and purposes therein set forth, including the release of waiver of the right of homestead. Given under my hand and Notarial Seal this _______ day of _______, 20_______. _______ Notary Public (c) Surveyor's certificate. I, _______, an Illinois Registered Land Surveyor, do hereby certify that this plat is a correct representation of a survey made under my direct supervision at the request of ___________ for the purpose of subdividing the tract into lots as shown. The subject tract (is) (is not) within 1½ miles of a municipality having a comprehensive plan and exercising its powers outside its corporate limits per statutes. ___________ Land Surveyor ___________ Illinois Registration Number _______/_______/_______ Date My license expires: _______/_______/_______ (d) County clerk's certificate. I, _______, County Clerk of Madison County, Illinois, do hereby certify that I find no unpaid or forfeited taxes against any of the real estate included within this plat. ___________ County Clerk _______/_______/_______ Date (e) Certificate of city council. (Supp. No. 45) Page 10 of 16 Pg. 31 AGENDA I, ___________, Clerk of the City of Edwardsville, do hereby certify that the plat shown herein was duly presented to the City Council and approved at a meeting of same held on (date). ___________ City Clerk (f) Drainage certificate. We, the undersigned, do hereby certify that, to the best of our knowledge, based on investigation and accepted principles, no residences or structures are, or will be, located within the 100-year flood elevation as defined or identified by FEMA Community Panel (Number). By: ___________ Owner(s) By: ___________ Licensed, but Uninsured, Professional Engineer By: ___________ Registration Number and Expiration Date _______ Date (g) 9-1-1 certification. I, Madison County 9-1-1 Coordinator do hereby certify that the street/road/highway names and numbering system on the attached plat have been reviewed and approved for use. ___________ 9-1-1 Coordinator _______ Date 3-4.B-4 Administrative review, advisory report. Before preparing a proposed minor plat for an area, the owner, developer, or their representatives shall submit a concept plan of the proposed subdivision to the department of public works. The concept plan should show the proposed lot layout with lot dimensions and demonstrate that the plat meets the requirements of a minor subdivision (See Land Development Code - Selected Definitions, "Subdivisions, Minor" section 2-2). A concept review meeting will occur within ten business days of submittal of the concept plan. The intent of the concept review meeting is to determine applicable ordinance regulations, standards and development concepts with the owner, developer, or their representatives. Members of the public works department, fire department, police department, parks department, and any other consultant, utility providers, or government agency as deemed appropriate to the proposed plat will be included in this concept review meeting. The city planner will provide written comments to the owner, developer, or their representatives following the concept review meeting. Following a concept plan review meeting, the subdivider or his/her representative may submit a minor subdivision plat. As defined in the land development code, the minor plat cannot be considered as filed until all required data are submitted. The minor plat is to be submitted to the department of public works with filing fees to be paid at the time of plat submission. Fifteen copies of a minor plat are to be filed with the department of public works. Of these, three shall be on 11 by 17-inch sheets while 12 shall be on 24 by 36-inch sheets. Minor subdivisions shall include all plans and (Supp. No. 45) Page 11 of 16 Pg. 32 AGENDA specifications and other such supporting documents as may be necessary, including the form of guarantee or performance bond to be used. After confirming that the plat meets the requirements of a minor subdivision set forth in the Land Development Code and the minor plat submission is complete, the city planner shall forward copies of the plat to the city engineer, the director of public works, and other city departments, utility providers, and/or county or state agencies as deemed appropriate in order to obtain input, corrections and changes to the minor subdivision plat. Review comments are prepared by those receiving a copy of the minor plat and returned to city planner within ten business days of the plat submittal. The minor plat shall then be forwarded to an administrative review team comprised of the city planner, city engineer, director of public works and, at the mayor's discretion, one member of the plan commission. Once comments have been received, the administrative review team shall review the plat and prepare comments and required corrections. Written comments and required corrections from the administrative review team shall be forwarded to the subdivider or his/her representative within 15 business days of plat submittal for corrective action as deemed necessary. Upon resubmittal, the subdivider or his/her representative shall respond to any comments and corrections in writing and make the necessary changes to the minor subdivision. The minor plat shall not be scheduled to come before the council or subcommittees of council until approved for forwarding by the administrative review team. Once all comments and corrections have been satisfactorily addressed, the administrative review team shall transmit the minor subdivision and a report of findings and recommendations in resolution format to the city council. A recommendation for approval, approval with changes or disapproval of the final minor subdivision plat shall be made by the administrative review team as well as the date of said action shall be noted in writing and attached to the final minor subdivision. If the minor plat is recommended for disapproval, the reasons for disapproval should be so stated. The final minor subdivision and accompanying documents shall be transmitted to the city council through the public services committee for its review. The public services committee shall subsequently transmit a review recommendation to the administrative and community service committee, which shall review the final minor subdivision and forward to the city council. The city council shall take action on the final minor subdivision within 45 days from the date of the administrative review team's transmittal, unless such time is extended by written mutual consent of the subdivider and council. If the final minor subdivision is disapproved by the city council, the reasons for such action shall be noted in writing by order or resolution stating the reasons for disapproval, specifying specifically the aspects in which the minor subdivision fails to conform to the city's ordinances. If the final plat is approved by the city council, the final plat shall be sent to the city clerk's office which shall take such action to record the final minor plat with the county recorder of deeds. (Ord. No. 5919-12-13, § 3, 12-3-2013) 3-4.C CONSOLIDATION PLATS AND BOUNDARY ADJUSTMENT PLATS. In the case of consolidation of lots or parcels, or the sale or exchange of lots or parcels to or between adjoining property owners, where such sale or exchange does not create additional tots and where the original lots are not reduced below minimum size requirements, a consolidation plat or boundary adjustment plat may be filed. In no instance shall lots smaller than the minimum lot size be created as a result of said plat. Variations from requirements of the Zoning Code shall not be permitted. The requirements of Section 5-17 (Greenspace) shall not apply. Applicants shall submit to the director of public works, a plat showing proposed adjustment of lot lines together with information required per section 3-4.C-2, "Information Required." (Supp. No. 45) Page 12 of 16 Pg. 33 AGENDA 3-4.C-1 Filing. The director of public works shall not approve any consolidation plat or boundary adjustment plat unless it determines that the plat is in compliance with all pertinent requirements of this Code including these set for the in the subsections below. Every consolidation plat or boundary adjustment plat filed for approval shall be signed be signed and sealed by the owner/developer and registered land surveyor. It shall be submitted, with all supporting data and associated filing fees, to the department of public works. No lot within the consolidation plat or boundary adjustment plat shall be sold or filed for recording until such time as said plat has been approved as required by state statute. 3-4.C-2 Information Required. Applicants shall submit to the director of public works a consolidation plat or boundary adjustment plat prepared by a registered land surveyor and showing the following information: 1. All portions of land to be consolidated or divided. Land within different zoning districts shall not be consolidated. 2. The plans shall be drawn in waterproof black ink. The scale shall be one inch equals 20 feet, 40 feet, or 50 feet; however, the resulting drawing should be 24 inches by 36 inches. Scales or sheet sizes other than this may be approved only on a case by case basis by the director of public works. A digital file shall also be provided to the city at the time of application. 3. All dimensions shall be shown in feet and decimals of a foot. 4. All surveys for a consolidation plat or boundary adjustment plat shall be made under the active and personal direction of a registered land surveyor of Illinois, and the following basic information shall be shown: a. North arrow, graphic scale, and date of plat. b. Names and addresses of the owner, developer (if different than the owner), licensed land surveyor, and licensed professional engineer (if applicable). c. Proposed name of the subdivision and section, township and range numbers in which the subdivision is located. d. Accurate metes and bounds or other legal description of the tract, and the area of the land to be platted, to the nearest one-hundredth of an acre. e. Accurate boundary lines, with dimensions and bearings or angles, which provide a survey of the tract, closing with an error of closure of not more than one foot in 10,000 feet. Coordinates shall be established for all property corners. f. Accurate distances and directions to the nearest established section corner monument. Reference corners shall be accurately described on the plat. g. Ail elevations shall be referenced to the National Geodetic Vertical Datum of 1929, and the said reference and benchmark shall be clearly stated on any plans or drawings showing such datum. h. Small key map showing the relation of the proposed subdivision to section or U.S. Survey lines and to platted subdivisions and dedicated roads within 300 feet of the subject property. i. Accurate location with dimensions, angles, or bearings and curve data, including radii, arcs or chords, points of tangency, and central angles of all existing and recorded right-of-way intersecting or adjoining the boundaries of the subject tract, including width and name, shown by heavy solid lines. j. The purpose and location of any existing easement and dimensions thereof shown by light dashed lines. New easements and dedications of land are not permitted. (Supp. No. 45) Page 13 of 16 Pg. 34 AGENDA k. Locations of existing street lighting standards and street signs. l. Number each lot or site for identification and indicate the address assigned by the 9-1-1- Coordinator. m. Lot dimensions shown in feet and decimals, area of each lot, and required building setback lines. n. Names and owners of record of adjoining platted and unplatted land by record date, name, and number. o. Zoning district classification of the subject tract and the adjacent land. p. Reference to recorded subdivision plats within 300 feet of reference to known and permanent monuments from which future surveys may be made; and the surveyor must, at the time of making the survey, establish permanent monuments (set in such a manner that they will not be moved by frost) which mark the external boundaries of the tract to be divided or subdivided and must designate upon the plat the locations where they may be found. q. Applicable 100-year flood elevations as determined by FEMA, or as determined by highest applicable downstream culvert or roadway overflow elevation, and lowest basement foundation opening or top of pool wall elevation for all lots subject to flooding from stormwater drainage ways, whether natural or manmade. r. Notation on plat of required finished floor elevations and suitability of each lot for walkout basements. s. Location, type, material and size of all monuments and lot markers. t. The acreage area of the proposed subdivision to the nearest hundredth of an acre; the acreage of any areas reserved for the common use of the property owners within the subdivision and/or for public use; and the gross acreage reserved for green space, the net acreage reserved for active green space, and net acreage for passive green space. u. Certification by a registered land surveyor and a registered professional engineer {if applicable) with registration numbers and seal(s) affixed to all final documents of the consolidation plat or boundary adjustment plat. v. Certificate that all taxes due have been paid. w. Signature attesting to the consolidation plat or boundary adjustment plat by the owner(s) and land surveyor. x. All structures existing on the property, including area, dimensions, and setbacks to existing and proposed property lines. 3-4.C-3 Certificates Required. As required by state law, the following certificates shall be executed on the final plat: 1. Owner's certificate. We, _______, the Owners of (description) have caused the said tract to be surveyed and subdivided in the manner shown, and said subdivision is to be hereinafter known as _______, except as noted. Dated this _______ day of _______, 20_______. _______ (Seal) _______ (Seal) 2. Notary public's certificate. State of Illinois ) (Supp. No. 45) Page 14 of 16 Pg. 35 AGENDA ) ss County of Madison ) I, _______, a Notary Public in and for the County aforesaid, do hereby certify that (owners) are personally known to me to be the same persons whose names are subscribed to the foregoing instrument, and that they appeared before me this day in person and acknowledged that they signed and sealed the same as their free and voluntary act for the uses and purposes therein set forth, including the release of waiver of the right of homestead. Given under my hand and Notarial Seal this _______ day of _______, 20_______. _______ Notary Public 3. Surveyor's certificate. I, _______, an Illinois Registered Land Surveyor, do hereby certify that this plat is a correct representation of a survey made under my direct supervision at the request of ___________ for the purpose of subdividing the tract into lots as shown. The subject tract (is) (is not) within 1½ miles of a municipality having a comprehensive plan and exercising its powers outside its corporate limits per statutes. ___________ Land Surveyor ___________ Illinois Registration Number _______/_______/_______ Date My license expires: _______/_______/_______ 4. County clerk's certificate. I, ___________ County Clerk of Madison County, Illinois, do hereby certify that I find no unpaid or forfeited taxes against any of the real estate included within this plat. ___________ City Clerk _______/_______/_______ Date 5. Drainage certificate. We, the undersigned, do hereby certify that, to the best of our knowledge, based on investigation and accepted principles, no residences or structures are, or will be, located within the 100-year flood elevation as defined or identified by FEMA Community Panel (Number). By: ___________ Owner(s) By: ___________ Licensed Professional Engineer By: ___________ Registration Number and Expiration Date (Supp. No. 45) Page 15 of 16 Pg. 36 AGENDA _______ Date 6. 9-1-1 certification. I, Madison County 9-1-1 Coordinator do hereby certify that the street/road/highway names and numbering system on the attached plat have been reviewed and approved for use. ___________ 9-1-1 Coordinator _______ Date 7. Director of Public Works Certificate. I, ___________, Director of Public Works for the City of Edwardsville, Illinois, do hereby certify that this Plat conforms to the requirements of the Land Development Code of the City of Edwardsville. This Plat shall be void if not recorded by ___________. ___________ Director of Public Works _______ Date 3-4.C-4 Review and Approval. Before preparing a consolidation plat or boundary adjustment plat, the owner, developer, or their representatives shall submit a concept plan of the proposed plat to the department of public works. The concept plan should show the proposed lot layout with lot dimensions and demonstrate that the plat meets the requirements set forth in Section 3-4C and all lot size requirements set forth in the city's zoning code. City staff will review the proposed plat and the city planner will provide written comments to the owner, developer, or their representatives within 30 days of the date of submittal. If any revisions to the plat are necessary, the owner, developer, or their representatives shall resubmit the plat, with revisions, to the department of public works. After confirming that the plat meets the requirements set forth in Section 3-4C of the Land Development Code, the director of public works shall sign the plat. The owner, developer, or their representatives, shall file the plat with the county recorder of deeds within 60 days after approval of the director of public works. If any such plat is not filed within this period, the approval shall expire and resubmittal and approval shall be required. The owner, developer, or their representatives, shall provide the city with three copies of the recorded plat. (Ord. No. 6654-05-2020, § 2(Exh. A), 5-19-2020) (Supp. No. 45) Page 16 of 16 Pg. 37 AGENDA DATE: November 23, 2021 ACTION ITEM TITLE: A Resolution Approving a Special Use Permit for a “Type B” Non-Owner Occupied Short-Term Rental at 200 South Fillmore Street ORIGIN: Public Works SUMMARY: The proposed request is to allow a “Type B” non-owner occupied short-term rental for 200 South Fillmore 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 November 22, 2021, the board recommended approval with a vote of 4 ayes, 0 nays, with the following condition: 1. Approval is in the name of the applicant only and the Special Use Permit is not transferrable; and, RATIONALE: The City of Edwardsville have recently adopted an ordinance allowing Short-Term Rental within the City. “Type A” Owner Occupied Short-Term Rentals are permitted in the R-1 District. “Type B” Non-Owner Occupied Short-Term Rentals are required to have a special use permit to operate in the R-1 District. For “Type B” the owner of the dwelling is not present on-site during the short-term rental. COMPLIANCE WITH COMPREHENSIVE PLAN: The Zoning Board of Appeals has determined that the proposed “Type B” non-owner occupied short-term rental use complies with the comprehensive plan. SUGGESTED COUNCIL ACTION: Approval Pg. 38 AGENDA RESOLUTION NO.__________________ A RESOLUTION APPROVING A SPECIAL USE PERMIT FOR A “TYPE B” NON-OWNER OCCUPIED SHORT-TERM RENTAL AT 200 SOUTH FILLMORE 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 a “Type B” non-owner occupied short-term rental at 200 South Fillmore Street; WHEREAS, public notice in the form required by law, was given of said October 30, 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 November 22, 2021 Meeting recommend approval of this Special Use Permit request (Case 2021-45) with the condition that the approval is in the name of the applicant only and the Special Use Permit is non-transferrable, by a vote of 4 ayes, 0 nays; and WHEREAS, the Administrative & Community Services Committee did on December 2, 2021, recommend ___________ of the Special Use Permit for a “Type B” non-owner occupied short-term rental 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 “Type B” non-owner occupied short-term rental 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 December, 2021 pursuant to a roll call vote as follows: AYES: NAYS: ABSENT: ABSTENTION: APPROVED by me this ___ day of December, 2021 By: ____________________________ Art Risavy, Mayor of the City of Edwardsville, Madison County, Illinois ATTESTED, Filed in my office, this ___ day of December, 2021 By: ____________________________ Michelle Boyer, Clerk of the City of Edwardsville, Madison County, Illinois. Pg. 39 AGENDA Pg. 40 AGENDA Pg. 41 AGENDA Pg. 42 AGENDA Pg. 43 AGENDA ZBA 2021-45 - Request for Special Use Permit 2015 Aerials 0 25 50 Feet ´ Subject Property 410 420 100 402 SF 104 Parcels (land use) 400 SF SF Commercial SF 106 SF MF Commercial 112 SF SF 120 114 SF SF 124 SF 421 413 409 Institutional Commercial 126 120 k St E Par SF 426 422 SF Commercial 412 SF SF Commercial 200 SF 200 410 Commercial Commercial 202 Commercial SF 204 208 SF 212 SF SF Commercial SF 215 SF SF 212 423 415 419 217 SF 411 S Fillm SF SF St t Aldrup SF 219 ore S Commercial SF SF SF 223 SF 420 418 SF 410 Institutional Institutional Commercial 222Disclaimer: This map is intended for general informat ional use only and does not represent a legal record. The map and information contained therein are provided without any warranty of any kind. In no event will the City of SF 225 SF liable for any damages of any type arising from the use of Edwardsville be this 226map. If any discrepancies are found, please forward that information to Commercial the Department of Public Works at (618) 692 -7535. SF SF Department of Public Works GIS - 10/13/2021 Pg. 44 AGENDA ZONING ADMINISTRATOR’S REPORT Case 2021-45, Special Use Permit 200 South Fillmore Street PID 14-2-15-11-12-204-026 November 22, 2021 APPLICANT: Collin and Sophie Gifford LOCATION: The subject property is located at 200 South Fillmore Street. SPECIAL USE PERMIT REQUEST & OVERVIEW: The applicant is requesting a Special Use Permit in order to allow a “Type B” Non-Owner Occupied Short-Term Rental. The City of Edwardsville has recently adopted an ordinance allowing Short-Term Rentals within the City. “Type A” Owner Occupied Short-Term Rentals are permitted in the R-1 District, while “Type B” Non-Owner Occupied Short-Term Rentals are required to have a special use permit to operate in the R-1 District. “Type B” Short Term Rentals Pg. 45 AGENDA ZONING ADMINISTRATOR’S REPORT ZBA Case 2021-45 Special Use Permit 200 South Fillmore Street - Page 2 of 4 are characterized by the owner living off-site, while the short-term renters are the only occupants of the structure. AREA LAND USE AND ZONING: The subject property is zoned “R-1” Single-Family Residential District. The adjoining properties are zoned and used as follows: Direction Zoning Designation Use “R-1” Single-Family Residential North Religious Institution District “R-1” Single-Family Residential South Single-Family Dwelling District “R-1” Single-Family Residential East Commercial Use District “B-1C” Downtown Transition West Commercial District PLANNING CONSIDERATIONS: The Comprehensive Plan identifies the future land use for this property as Neighborhood. The existing zoning is in agreement with the Comprehensive Plan. The single-family dwelling will continue to be used as living space with the proposed SUP but it would allow a shorter duration of stay for guests. APPLICABLE SECTION OF ORDINANCE 1248.02.31 – SHORT-TERM RENTALS (b) 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. ZONING BOARD OF APPEALS STANDARDS FOR SPECIAL USE PERMIT: (d) Requirements for Authorization: (1) Existing uses and zoning of nearby property and relationship to Edwardsville’s adopted comprehensive plan. See AREA LAND USE AND ZONING and PLANNING CONSIDERATIONS above. (2) Extent to which property value diminishes adjacent to the zoned parcels. Value decrease to be supplied by the petitioner and made by professional appraiser. Pg. 46 AGENDA ZONING ADMINISTRATOR’S REPORT ZBA Case 2021-45 Special Use Permit 200 South Fillmore Street - Page 3 of 4 No property value information provided by petitioner. (3) 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. (4) 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 Short-Term Rental use would provide Edwardsville’s visitors with a more local experience for their stay. While 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 staff feel that the location on the edge of the downtown district is appropriate. (5) 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). It should be noted that there is no off-street parking available on this –parcel and that all parking is located on the street, similar to other parcels in the neighborhood. (e) Conditions: The Board may provide such conditions or restrictions upon the construction, location and operations for a special use, including, but not limited to: provisions for the protection of adjacent property, the expiration of such special use after a specified period of time, off-street parking and loading, as may be deemed necessary to secure the general objectives of this Zoning Code, and to reduce injury to the value of the property in the neighborhood. Please see the “Staff Recommendation” section. (f) Expiration: In the event the Board establishes no time limitation within which the proposed use is to be exercised, then the permit shall expire in one year. Nothing shall preclude an applicant from reapplying for the same special use permit upon expiration. (i) Transfer of Special Use Permit: A special use permit is issued for a specified zoning lot or lots and shall only be allowed to transfer from that location, or to another occupant or owner, as follows: (1) All requests for transfers must be filed on an application form available through the public works department. Pg. 47 AGENDA ZONING ADMINISTRATOR’S REPORT ZBA Case 2021-45 Special Use Permit 200 South Fillmore Street - Page 4 of 4 (2) Substantial transfers—All substantial transfers shall be subject to review and approval by the zoning board of appeals under the terms of section 1244.02. Substantial transfers include, but are not limited to: a. A transfer involving a more intensive use on the subject property; b. Other changes deemed to represent a substantial change by the zoning administrator and public works director. c. The trend of development in the area surrounding the subject property necessitates further review of the proposed special use. (3) Unsubstantial transfers—Unsubstantial transfers will be subject to review and approval by the city planner and public works director. Unsubstantial transfers represent minor changes from the provisions of the originally approved special use permit and may include: a. Transfer of ownership not effecting the intensity of the use: b. Other changes deemed to represent an unsubstantial change by the zoning administrator and public works director. STAFF RECOMMENDATION Staff recommend approval of the Special Use Permit (SUP) with the conditions listed below. Staff proposed conditions: 1. Approval is in the name of the applicant only and the Special Use Permit is not transferrable. Pg. 48 AGENDA DATE: November 30, 2021 ACTION ITEM TITLE: An Ordinance Approving an Annexation concerning 7463 State Route 143 PID – 10-1-16-18-02-201-002.003 SUMMARY: The resolution approves an Annexation of 7463 State Route 143 into municipal limits and allows connection to the City’s water. RATIONALE: An approved annexation is required for connection to City utilities for all properties that are outside City limits. The annexation was requested by the property owners. Staff request suspension of rules and passage on first reading in order to allow connection to the water and sewer system as soon as possible. COMPLIANCE WITH COMPREHENSIVE PLAN OR OTHER PLAN: N/A SUGGESTED COUNCIL ACTION: Approval Pg. 49 AGENDA Ordinance No.________ An Ordinance Annexing Certain Territory to the City of Edwardsville, Illinois 7463 State Route 143, Edwardsville PID: 10-1-16-18-02-201-002.003 WHEREAS, a Petition to Annex has been filed by Lonnie Hendricks, owner of the Territory as graphically described herewith on Exhibit "A" and legally described as follows: PID: 10-1-16-18-02-201-002.003 EXHIBIT "A" This description was taken from Warranty Deed in Book 4311 on Page 3471 in the Madison County Recorder's Office. This description is from record information and not the result of a field survey. A tract of land in the Northeast Quarter of Section 18, Township 4 North, Range 7 West of the Third Principal Meridian, Madison County, Illinois, more particularly described as follows: Commencing at an old stone set at the Northwest corner of the East half of the Northwest Quarter of the Northeast Quarter of said Section 18; thence North 89 degrees 05 minutes 40 seconds East, along the North line of the Northeast Quarter of said Section 18, a distance of 743.44 feet to an iron pin, said point being the point of beginning of the tract herein described; thence continuing North 89 degrees 05 minutes 40 seconds East, along the North line of the Northeast Quarter of said Section 18, a distance of 83.00 feet to an iron pin at the Northwesterly corner of a tract of land described in deed recorded in Book 2323 Page 416; thence South 24 degrees 47 minutes 40 seconds East, along the westerly line of said tract, a distance of 280. 70 feet to an iron pin; thence South 00 degrees 15 minutes 50 seconds East, along said westerly line, a distance of 199.09 feet to an iron pin set on the Northeasterly right of way line of State Route 143 (S.A.R. 6); thence North 84 degrees 51 minutes 20 seconds West, along the Northeasterly right of way line of said state route 143, a distance of 240.41 feet to a concrete right of way marker; thence North 76 degrees 30 minutes 20 seconds West, continuing along the Northeasterly right of way line of said state route 143, a distance of 22.15 feet to an iron pin; thence North 07 degrees 56 minutes 00 seconds East, a distance of 430.00 feet to the point of beginning; excepting therefrom all coal underlying with the right to mine and remove the same. Situated in Madison County, Illinois. Except coal, gas and other mineral rights conveyed, excepted or reserved in prior conveyances. Permanent Parcel 10-1-16-18-02-201-002.003 Including any public right of way adjoining the subject parcel and not currently within the corporate limits of any municipality. Excepting therefrom any part of the subject parcel within the corporate limits of any municipality. WHEREAS, the Pin Oak Township Supervisor, Highway Commissioner, Clerk and Township Trustees have Pg. 50 AGENDA been duly notified of the City's intent to annex the territory so described, pursuant to statute, and WHEREAS, the Lewis and Clark Community College, Edwardsville School District, Madison County Assessor and Madison County, Illinois have been duly notified of the City's intent to annex the territory so described, pursuant to statute, and WHEREAS, the marine fire district have been duly notified of the City's intent to annex the territory so described, pursuant to statute, and; WHEREAS, the territory is not within the corporate limits of any municipality, or library district and is contiguous to the City of Edwardsville; THEREFORE, be it ordained by the City Council of the City of Edwardsville, Illinois as follows: 1. That the parcel as described above and shown on graphic Exhibit A. Being indicated on an accurate map of the annexed territory which is appended hereto and made a part of this ordinance is hereby annexed to the City of Edwardsville, Madison County, Illinois, with the Edwardsville zoning classification of “R-1” Single-Family Residential District, and; 2. The City Clerk be and is hereby directed to record with the County Clerk and Recorder of Deeds of Madison County a certified map of the territory annexed as appended to this Ordinance as Exhibit "A", and; 3. That, the Zoning Administrator, be and is hereby directed to amend the Official Zoning Map to reflect the territory so annexed as appended to this Ordinance, and; 4. That it be pursuant to the Illinois Election Code, the annexed territory is made part of Ward Six (6), and; 5. That this Ordinance shall be in full force and effect immediately upon its passage by the City Council, its approval by the Mayor, and its publication as provided by the laws of this municipality and the State of Illinois, and; 6. This Ordinance is expressly adopted pursuant to the Home Rule Powers of the City of Edwardsville under Section 6 of Article VII of the Illinois Constitution of 1970. ADOPTED by the City Council of the City of Edwardsville, Madison County, Illinois this _______ day of ______________, 20___, pursuant to a roll call vote 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 By: ____________________________ Michelle Boyer, Clerk of the City of Edwardsville Madison County, Illinois. Pg. 51 AGENDA Pg. 52 AGENDA Pg. 53 AGENDA DATE: 2 December 2021 ACTION ITEM TITLE: AN ORDINANCE ESTABLISHING EDWARDSVILLE TOURISM ADVISORY COMMITTEE ORIGIN: City Administration SUMMARY: An Ordinance that establishes the Edwardsville Tourism Advisory Committee. This committee will focus on ways to promote events and businesses within the City of Edwardsville. They will develop a City wide tourism advisory plan and community calendar and make recommendations for policies, programs, and activities that will increase the number of visitors to Edwardsville. Recommendations will be forwarded to the Administrative and Community Services Committee that will be in the best interest of the community. Members will be no less than 7 and no more than 11, appointed by the Mayor, to serve up to a 3 years term, and will meet once a month. RATIONALE: The city is in need of an advisory committee to focus on: 1. Develop a Tourism Advisory Plan. 2. Establish ways in which the City can improve marketing for special events. 3. Work with SIUE Destination Group to improve communications between students and the City. 4. Surveying the residents, community leaders and businesses on tourism events. 5. Developing guidelines on tourism funding and types of uses. 6. Review and apply for grants to support tourism in Edwardsville. COMPLIANCE WITH COMPREHENSIVE PLAN OR OTHER PLAN: NONE SUGGESTED COUNCIL ACTION: APPROVAL Pg. 54 AGENDA Ordinance No. _____________________ An Ordinance Establishing the City of Edwardsville – Tourism Advisory Committee WHEREAS, the City of Edwardsville, Illinois is a home rule municipality pursuant to Article VII, Section 6 of the Constitution of the State of Illinois of 1970 and may exercise any power and perform any function pertaining to its government and affairs, including the power to tax; and WHEREAS, the City of Edwardsville desires to promote tourism in the City; increase the number of visitors to our community, promote City wide events; and become a destination choice for families, businesses, weddings, reunions, tours, etc; and WHEREAS, a tourism advisory committee would advise on ways to promote events and businesses on the internet, social media, and develop a City wide tourism advisory plan and community calendar, and WHEREAS, it is in the best interests of the City to encourage recommendations for policies, programs, and activities that will increase the number of visitors to Edwardsville, and advise decision makers, and WHEREAS, it is in the best interests of the City to examine tourism as a whole, while still exploring separate opportunities to increase the number of visitors WHEREAS, the City Council believes that establishing within the City administration a tourism advisory committee to recommend and advise the Administrative and Community Services Committee on policy and implementation for tourism issues would be beneficial and in the best interests of the community. 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 of this Ordinance are found to be true and correct and are hereby adopted as part of this Ordinance. SECTION 2. AMENDMENT. The Codified Ordinances of Edwardsville, Illinois are hereby amended by adding Sections 114-501 through 505 as shown below: Sec. 114-501. Creation. There shall be and is hereby created the Edwardsville Tourism Advisory Committee. Sec. 114-502. Membership; term. Pg. 55 AGENDA (a) The Group shall consist of no less than seven (7) and no more than eleven (11) members appointed by the Mayor, and approved by the Council, from constituencies which have an interest in tourism. (b) All members shall be voting members. (c) Six (6) members shall constitute a quorum. (d) Members who are appointed shall serve for a 3-year term (staggered appointments) (e) The committee shall meet once a month and is subject to the rules and guidelines of all City of Edwardsville committees. Sec. 114-503. Functions and Duties. The Group shall have the following functions and duties: (a) Develop a Tourism Advisory Plan (b) Create a Community Calendar (c) Establish ways in which the City can improve marketing for special events. (d) Work with SIUE Destination Group to improve communication between students and City on special events. (e) Surveying residents, community leaders and businesses on tourism events (f) Develop guidelines on tourism funding and types of uses (ie advertising, printing, marketing, etc). (g) Recommend tourism budget for marketing, special parks, and community redevelopment. (h) Review and apply for grants to support tourism in Edwardsville. (i) The committee shall make an annual report of its recommendations to the city council. Sec. 114-504. Officers; bylaws. The committee shall elect annually from its membership a chair. Bylaws may be adopted by the committee, which bylaws shall not be inconsistent with the City Code or other policies that may be established by the City Council. A copy of the committee bylaws shall be filed with the City Clerk for the use of the City. Pg. 56 AGENDA Sec. 114-505. Minutes; annual report; work plan. The committee shall take and file minutes in accordance with the requirements of the Illinois Open Meetings Act. On or before April 30 of each year, the committee shall file a report with the City setting forth the activities of the committee for the previous year. On or before October 1 of each year, the committee shall file a work plan with the City for the upcoming year. SECTION 3. SEVERABILITY. All ordinances or parts of ordinances in conflict with, or inconsistent with the provisions of this Ordinance are hereby repealed to the extent of any such conflict or inconsistency. SECTION 4. REPEALER. All ordinances, resolutions, and parts of ordinances and resolutions in conflict with this Ordinance are hereby repealed. If any part or portion of this Ordinance shall be declared invalid by a Court of competent jurisdiction, such partial invalidity shall not affect the remainder of this Ordinance. SECTION 5. EFFECTIVE DATE. This Ordinance shall be in full force and effect immediately upon its passage and publication as provided by law. ADOPTED this ________ day of _______________________, 20__, pursuant to a roll call vote as follows: AYES: NAYS: ABSENT: ABSTENTION: APPROVED by me this _______ day of ___________________, 20____. BY:_____________________________________ Art Risavy, Mayor ATTEST, this _________ day of ______________________, 20___. Pg. 57 AGENDA BY:__________________________________ Michelle Boyer, City Clerk Pg. 58 AGENDA DATE: November 30, 2021 ACTION ITEM TITLE: An Ordinance Making An Assessment, Levy, and Collection of Taxes within the Corporate Limits of the City of Edwardsville, County of Madison, State of Illinois, for the Tax Year 2021 and for the Corporate Expenses for the Fiscal Year Beginning May 1, 2021 and Ending April 30, 2022 ORIGIN: Finance Department SUMMARY: Annual Tax Levy Ordinance assesses property taxes to fund activities appropriated for the current fiscal year (2021-2022) by the annual appropriation ordinance. Funds will not be received until the end of 2022. RATIONALE: Government activities are funded through a combination of sales taxes, utility taxes, state income taxes, motor fuel taxes, and real property taxes. The City will levy an amount of $13,194,957, which based on the estimated equalized assessed valuation of $942,000,000, will result in an estimated tax rate of 1.4011 (City and Library combined), which is a 0% increase from the 2020 final tax rate. COMPLIANCE WITH COMPREHENSIVE PLAN OR OTHER PLAN: SUGGESTED COUNCIL ACTION: Pg. 59 AGENDA ORDINANCE NO. __________ AN ORDINANCE MAKING AN ASSESSMENT, LEVY, AND COLLECTION OF TAXES WITHIN THE CORPORATE LIMITS OF THE CITY OF EDWARDSVILLE, COUNTY OF MADISON, STATE OF ILLINOIS, FOR THE TAX YEAR 2021 AND FOR THE CORPORATE EXPENSES FOR THE FISCAL YEAR BEGINNING MAY 1, 2021 AND ENDING APRIL 30, 2022. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF EDWARDSVILLE, ILLINOIS: Section 1: That the total amount of appropriations for all corporate purposes legally made to be collected from the tax levy of the current fiscal year is hereby ascertained to be the sum of Thirteen Million, One Hundred Ninety-Four Thousand, and Nine Hundred Fifty-Seven Dollars ($13,194,957). Section 2: That the sum of Thirteen Million, One Hundred Ninety-Four Thousand, and Nine Hundred Fifty-Seven Dollars ($13,194,957) being the total appropriations heretofore legally made which are to be collected from the tax levy of the current fiscal year of the City of Edwardsville for all corporate purposes of said City of Edwardsville, for purposes of providing for a General Fund, Retirement Fund, Police Pension Fund, Fire Pension Fund, Social Security Fund, Street and Bridge Fund, Public Library Fund, as appropriated for the current fiscal year by annual appropriation ordinance of the City of Edwardsville for the year 2021, passed by the Mayor and City Council of said City of Edwardsville at the legally convened meeting of April 20, 2021, be, and the same as hereby levied upon all of the taxable property in the City of Edwardsville subject to taxation for the current year, the specific amounts as levied for the various funds heretofore named being included herein, the tax so levied being for the fiscal year of said City and for the said appropriation to be collected from said tax levy, the total of which has been ascertained as aforesaid and being as follows: Pg. 60 AGENDA (A) GENERAL FUND Total Amount Levied for General Fund (to include the following $7,229,850 departments: Administration, Legislative & Executive, Legal & Judicial, Clerk/Collector, Human Resources, Municipal Court, Treasurer, Grounds & Buildings, Police, Fire/EMS, Public Works, Street, Cable TV, Historic Preservation, Planning & Zoning, Beautification Committee, SIUE Destination Committee, Parks, Municipal Band, Liability Insurance, Other General Government, and Other community & Economic Development) (B) RETIREMENT FUND Total Amount Levied for the Retirement Fund $ 727,864 (C) POLICE PENSION FUND Total Amount Levied for the Police Pension Fund $ 1,139,600 (D) FIRE PENSION FUND Total Amount Levied for the Fire Pension Fund $ 992,324 (E) SOCIAL SECURITY FUND Total Amount Levied for the Social Security Fund $ 632,497 (F) STREET & BRIDGE FUND Total Amount Levied for the Street & Bridge Fund $ 929,822 (G) LIBRARY FUND Total Amount Levied for the Library Fund $ 1,543,000 TOTAL AMOUNT OF LEVY $13,194,957 Section 3: That the total amount of Thirteen Million, One Hundred Ninety-Four Thousand, and Nine Hundred Fifty-Seven Dollars ($13,194,957) ascertained above be and is hereby assessed and levied against all property within said City subject to taxation within the City of Edwardsville according to the value of said property as the same assessed and equalized for the State and County purposes for the current tax year. Section 4: That this Levy Ordinance is adopted pursuant to the procedures set forth in the Illinois Municipal Code. Section 5: That there is hereby certified to the County Clerk of Madison County, Illinois, the several sums above, constituting said total amount, and the total amount of Thirteen Million, One Hundred Ninety-Four Thousand, and Nine Hundred Fifty-Seven Dollars ($13,194,957) which total amount the City of Edwardsville requires to be raised by taxation for the current fiscal year of the City, and the City Clerk of the City is hereby ordered and directed to file with the County Clerk of the County on or before the time required by law, a certified copy of this Ordinance. Pg. 61 AGENDA Section 6: This Ordinance shall take effect and be in full force from and immediately on and after its passage and approval as provided by law. PASSED by the City Council this ____ day of ______________, 2021. AYES: NAYS: ABSENT: ABSTAINS: APPROVED by the Mayor this _____ day of___________, 2021. ______________________________ Art Risavy, Mayor ATTEST: _____________________________ Michelle A. Boyer, City Clerk Pg. 62 AGENDA Certificate of Compliance The undersigned, as Mayor of the City of Edwardsville hereby certifies that I am the presiding officer of the city of Edwardsville and as such presiding officer, I hereby certify that the levy ordinance, a copy of which is attached hereto, was adopted pursuant to and in all respects in compliance with the provisions of Sections 18-60 through Sections 18-85 of the “Truth in Taxation Law”. Date ____________________________ ______________________________ Art Risavy, Mayor ATTEST: _____________________________ Michelle A. Boyer, City Clerk Pg. 63 AGENDA City of Edwardsville 2021 Tax Levy 2019 Rate Setting EAV 786,084,246 4.5% increase from 2018 2020 Rate Setting EAV 888,486,731 13.0% increase from 2019 2021 Estimate EAV 942,000,000 6.0% increase from 2020 2021 Increase % Change 2021 Estimated City Fund Levy (Decrease) from last yr Tax Rate General Fund 7,229,850 668,517 10.2% 0.7675 IMRF/Retirement 727,864 21,200 2.9% 0.0773 Police Pension 1,139,600 - 0.0% 0.1210 Fire Pension 992,324 - 0.0% 0.1054 Social Security 632,497 18,422 2.9% 0.0672 Street/Bridge 929,822 - 0.0% 0.0988 city total 11,651,957 708,139 6.4% 1.2370 Library 1,543,000 41,000 2.7% 0.1639 TOTAL 13,194,957 749,139 6.0% 1.4011 Pg. 64 AGENDA Pg. 65 AGENDA Pg. 66 AGENDA Pg. 67 AGENDA Pg. 68 AGENDA Pg. 69 AGENDA Pg. 70 AGENDA Pg. 71 AGENDA Pg. 72 AGENDA Pg. 73 AGENDA Pg. 74 AGENDA Pg. 75