-VILLAGE OF MAHOMET- Village of Mahomet 503 E. Main Street • P.O. Box 259 • Mahomet, Illinois 61853-0259 Phone: (217) 586-4456 • Fax: (217) 586-5696 www.mahomet-il.gov • www.ChooseMahomet.com BOARD OF TRUSTEES SEPTEMBER 22, 2020 6:00 P.M. VILLAGE OF MAHOMET ADMINISTRATION BUILDING 503 E. MAIN STREET MAHOMET, IL 61853 Topic: Village of Mahomet Special Board of Trustees Time: SEPTEMBER 22, 2020 06:00 PM Central Time (US and Canada) To Join Zoom Meeting: https://us02web.zoom.us/j/83743270369 Meeting ID: 837 4327 0369 One tap mobile +13126266799,83743270369# US (Chicago) Dial by your location +1 312 626 6799 US (Chicago) Meeting ID: 837 4327 0369 Join by Skype for Business https://us02web.zoom.us/skype/83743270369 AGENDA 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. PUBLIC COMMENT: The Board welcomes your input on any matter during the public forum portion of the meeting. Due to COVID-19, this meeting is conducted via ZOOM. If you would like to participate in the public comment portion of the meeting, please email your comments or questions to us at [email protected], no later than 4:30 p.m. on September 22 nd , 2020. Any comments and questions received will be read during the public comment portion of the meeting. Public comment is accepted for a maximum of 30 minutes at each meeting. There is a five (5) minute time limit for your remarks. The Board reserves the right to shorten the five-minute time limit if there are many commenters. Please be aware that the public body is not required to respond to your remarks during their meeting. 5. PRESENTATION: Champaign County Forest Preserve District- November 3 rd Referendum 6. DISCUSSION: A. FINANCE: 1. TAX LEVY FOR FISCAL YEAR 2019/2020 – PRELIMINARY DISCUSSION- (SUPPORTING DOCUMENTS WILL BE PROVIDED PRIOR TO THE MEETING)
Transcript
-VILLAGE OF MAHOMET-
Village of Mahomet 503 E. Main Street • P.O. Box 259 • Mahomet, Illinois 61853-0259
6:00 P.M. VILLAGE OF MAHOMET ADMINISTRATION BUILDING
503 E. MAIN STREET MAHOMET, IL 61853
Topic: Village of Mahomet Special Board of Trustees
Time: SEPTEMBER 22, 2020 06:00 PM Central Time (US and Canada)
To Join Zoom Meeting:
https://us02web.zoom.us/j/83743270369
Meeting ID: 837 4327 0369 One tap mobile
+13126266799,83743270369# US (Chicago)
Dial by your location +1 312 626 6799 US (Chicago)
Meeting ID: 837 4327 0369
Join by Skype for Business
https://us02web.zoom.us/skype/83743270369
AGENDA
1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL
4. PUBLIC COMMENT: The Board welcomes your input on any matter during the public forum portion
of the meeting. Due to COVID-19, this meeting is conducted via ZOOM. If you would like to participate in the public comment portion of the meeting, please email your comments or questions to us at [email protected], no later than 4:30 p.m. on September 22nd, 2020. Any comments and questions received will be read during the public comment portion of the meeting. Public comment is accepted for a maximum of 30 minutes at each meeting. There is a five (5) minute time limit for your remarks. The Board reserves the right to shorten the five-minute time limit if there are many commenters. Please be aware that the public body is not required to respond to your remarks during their meeting.
5. PRESENTATION: Champaign County Forest Preserve District- November 3rd Referendum 6. DISCUSSION:
A. FINANCE: 1. TAX LEVY FOR FISCAL YEAR 2019/2020 – PRELIMINARY DISCUSSION-
(SUPPORTING DOCUMENTS WILL BE PROVIDED PRIOR TO THE MEETING)
1. DEVELOPMENT AGREEMENT WITH METHODIST CHURCH-PRELIMINARYDISCUSSION.
7. CONSENT AGENDA: (TO BE ACTED UPON)
A. APPROVAL OF MINUTES
1. BOARD OF TRUSTEES-AUGUST 25, 2020
2. STUDY SESSION- SEPTEMBER 8, 2020
3. STUDY SESSION- SEPTEMBER 15, 2020
B. TREASURER’S REPORT
C. BILL LIST
D. ORDINANCE 20-09-01, AN ORDINANCE PERTAINING TO THE LOCAL CURE PROGRAM.
E. RESOLUTION 20-09-01, A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN CORNBELT FIRE PROTECTION DISTRICT AND THE VILLAGE OF MAHOMET, CHAMPAIGN COUNTY, ILLINOIS (ANTENNA SITE ACCESS AGREEMENT):
F. RESOLUTION 20-09-02, A RESOLUTION FOR THE BOARD OF TRUSTEES CONCERNING THE FINAL PLAT RIDGE CREEK FIFTH SUBDIVISION.
8. REGULAR AGENDA (TO BE ACTED UPON):
A. ADMINISTRATION
1. RESOLUTION 20-09-03, A RESOLUTION APPROVING AN INTERGOVERNMENTALAGREEMENT BY AND BETWEEN THE VILLAGE OF MAHOMET, ILLINOIS AND MAHOMET-SEYMOUR CUSD #3 FOR CONWAY FARMS SUBDIVISION AND RELATED MATTERSVILLAGE OF MAHOMET, CHAMPAIGN COUNTY, ILLINOIS
2. ORDINANCE 20-09-02, AN ORDINANCE APPROVING AN INTERGOVERNMENTALAGREEMENT BY AND BETWEEN THE VILLAGE OF MAHOMET, ILLINOIS AND MAHOMET-SEYMOUR CUSD #3 FOR 13 ACRES PARK AND THE MAINTENANCE AND USE OFRECREATIONAL FACILITIES.
3. ORDINANCE 20-09-05, AN ORDINANCE AUTHORIZING AND LICENSING OF RAFFLES.
B. COMMUNITY DEVELOPMENT
1. RESOLUTION 20-09-04, A RESOLUTION CONCERNING THE REPLAT OF CONWAY FARMSSUBDIVISION PHASE 4, VILLAGE OF MAHOMET, CHAMPAIGN COUNTY, ILLINOIS.
2. ORDINANCE 20-09-03, AN ORDINANCE CONCERNING THE ZONING CODE.
-VILLAGE OF MAHOMET-
3. ORDINANCE 20-09-04, AN ORDINANCE REGULATING CHICKENS BY AMENDING THE EXISTING CHAPTER 92 ENTITLED “ANIMAL CONTROL” AS HEREINAFTER CITED.
4. RESOLUTION 20-09-05, A RESOLUTION ESTABLISHING CHICKEN COOP LICENSE FEE FOR
THE VILLAGE OF MAHOMET, ILLINOIS.
9. ADMINISTRATOR’S REPORT:
10. MAYOR’S REPORT:
A. OCTOBER MEETING CALENDAR
1. STUDY SESSION- OCTOBER 13, 2020- 6:00 P.M.
2. STUDY SESSION- OCTOBER 20, 2020- 6:00 P.M.
3. BOARD OF TRUSTEES MEETING – OCTOBER 27, 2020 – 6:00 P.M.
11. NEW BUSINESS (Discussion of any items that the Trustees may have for new business not listed on the agenda. No formal action will be taken on these items during this proceeding) 12. ADJOURNMENT
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VILLAGE OF MAHOMET BOARD OF TRUSTEES
August 25, 2020
The Village of Mahomet Board of Trustees met, Tuesday August 25, 2020 at 6:00 p.m. at Village of Mahomet Administrative Building, 503 E. Main Street, Mahomet, IL. Due to COVID-19 this meeting was attended via Zoom by most participants.
MEMBERS PRESENT: Sean Widener, Bruce Colravy, Andy Harpst, Bill Oliger, David Johnson, Donald Lynn and Brian Metzger
MEMBERS ABSENT:
OTHERS PRESENT: Village Administrator Patrick Brown, Village Clerk Amanda Andersen, Village Attorney Joe Chamley, Finance Director Robert Kouzmanoff, Police Chief Mike Metzler, Community Development Director Kelly Pfeifer, Mahomet Daily’s Dani Tietz, Shawn Tabeling, Ethos Attorney Chris Oswald and Steve Lehman.
PLEDGE OF ALLEGIANCE/ROLL CALL:
Widener called the meeting to order at 6:00 p.m. After the pledge, Clerk Andersen called the roll, a quorum was present.
PUBLIC COMMENT: Andersen read aloud a written comment by Rita Conerly, which is attached herein for reference.
CONSENT AGENDA (TO BE ACTED UPON):
A. APPROVAL OF MINUTES
1. BOARD OF TRUSTEES – JULY 28, 2020
2. SPECIAL BOARD OF TRUSTEES- AUGUST 11, 2020
3. STUDY SESSION – AUGUST 18, 2020
B. RESOLUTIONS, ORDINANCES AND OTHER ACTION ITEMS
1. RESOLUTION 20-08-04, RESOLUTION AWARDING THE PURCHASE OF AGATEWAY SIGN FOR THE VILLAGE OF MAHOMET FROM BENDSENSIGNS & GRAPHICS, INC. IN THE AMOUNT OF $22,036
Harpst moved, Metzger seconded, “TO APPROVE THE CONSENT AGENDA AS PRESENTED.” ROLL CALL: ALL YES. Motion carried.
REGULAR AGENDA (TO BE ACTED UPON):
A. FINANCE:
A. TREASURER’S REPORT
Kouzmanoff presented June’s Report, late due to software conversion. Expenses as of June at 16.67% revenues at 16.61% expenditures are at 10.07%. We are financially healthy currently.
Brown stated he is encouraged even though there is a reduction-confident we planned accordingly. Kouzmanoff agrees-planned appropriately. Motor fuel tax distribution contained supplementary allotment- standard is $11,713 supplement is $8,000. Champaign County Treasurer’s office release 2 property tax disbursements for June.
Colravy moved, Oliger seconded, “TO APPROVE THE TREASURER’S REPORT” ROLL CALL: ALL YES. Motion carried.
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B. BILL LIST Kouzmanoff presented the bill list, there was one error re adobe acrobat subscription was purchased with credit card and should not be on bill list.
Johnson moved, Metzger seconded, “TO APPROVE THE BILL LIST” ROLL CALL: ALL YES. Motion carried.
B. ENGINEERING:
A. RESOLUTION 20-08-05, A RESOLUTION APPROPRIATING MFT DOLLARS SPENT ON THE I L-47 RIVER BRIDGE REPLACEMENT PROJECT IN 2014 ($4,334.05) LOCAL MFT 09-00025- 00BR.
Brown stated IDOT did auditing on MFT dollars, clean up from allocation standpoint. This is from 2014 additional $4,334 from MFT towards that project. Just paperwork, no additional dollars spent. They need Resolution to correct paperwork.
Harpst moved, Lynn seconded, “TO APPROVE A RESOLUTION APPROPRIATING MFT DOLLARS SPENT ON THE IL-47 RIVER BRIDGE REPLACEMENT PROJECT IN 2014 ($4,334.05) LOCAL MFT 09-00025-00BR.” ROLL CALL: ALL YES. Motion carried.
C. COMMUNITY DEVELOPMENT:
A. RESOLUTION 20-08-06, A RESOLUTION CONCERNING THE PETITION FOR RELIEF FROM MORATORIUM ORDINANCE 20-05-02 BY ETHOS DESIGN BUILD, LLC.
Widener stated on May 26, 2020 temporary moratorium was adopted on multifamily developments within the VOM, allowing community to access current multifamily developments, evaluate existing ordinances and polices and to set course for future multifamily developments. Ethos has come forward with development request amidst moratorium and is seeking relief regarding same. Widener discussed timeline of Ethos proposal. Moratorium was passed, Ethos documents haven’t been reviewed by staff. Criteria must be met to obtain relief: effect of moratorium has caused or will cause significant hardship on applicant, applicant has no other reasonable use of the property, applicant has not made substantial irrevocable investment in the property, which investment was not made in reasonable reliance on regulations in effect prior to temporary moratorium and without knowledge of pending changes, development as proposed complies with other Village ordinances. August 4, 2020 P and Z had public hearing on request for relief, attorney and Ethos presented documents and testimony to support request. Exhibit C showed pre-development costs to date totaling $314,400. P and Z voted in favor of granting relief as recommendation, now BOT must decide. VOM requested additional info re economic hardship- some, not all provided. Documents revealed discrepancies between what Ethos testified to at P and Z. 1. Economic Hardship- work that was reported to be completed is now less than what P and Z was led to believe. Given these inconsistencies-no economic hardship shown. 2. No other reasonable use of property. VOM requested purchase contract, not provided. Testimony was given, but assumed owner is not Petitioner. Property could be used as apartments given current zoning. 3. Substantial irrevocable investment reliance on current ordinance. Investment into designs, marketing, etc. could be applied elsewhere and not list. No pre-development meeting occurred. 4. Development as proposed complies with existing ordinances, etc. Current definitions are not buildable. Owner of lot hasn’t addressed issues to make it buildable.
Widener summarized findings of fact, same as P and Z, 1. No economic hardship on applicant, 2.
applicant has some other reasonable use of property in question, 3. Applicant has not made substantial irrevocable investment affected by temporary moratorium, 4. Development does not comply with all other ordinances, etc. Widener entertained motion to Deny Petition for Relief. Oliger moved, Harpst seconded.
Attorney for Ethos, Chris Oswald, stated he feels P and Z Findings of Fact was summarily
dismissed. Not responsibility to Ethos to inform us when they are spending money on reliance of zoning code, right of citizen. All process has been thrown aside. No statute talks about Moratorium on zoning, procedure for re-zoning would need to be re-done. Never seen Mayor attend hearing that he is going to consider-improper. Never seen Mayor state FOF before discussion. Investment
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was substantial. VOM staff indicated lot might need some adjustment but could be done on administrative level.
Shawn Tabeling went thorough process with Village-purchased land but wouldn’t have if he had
known it couldn’t be used at R3- he was clear that was intended use. Put in significant investment in infrastructure to be able to build/sell for apartments.
Oliger moved, Harpst seconded, “TO APPROVE A RESOLUTION CONCERNING THE PETITION FOR RELIEF FROM MORATORIUM ORDINANCE 20-05-02 BY ETHOS DESIGN BUILD, LLC.” ROLL CALL: ALL YES. Motion carried.
ADMINISTRATOR’S REPORT:
A. DEPARTMENTAL REPORTS
1. COMMUNITY DEVELOPMENT
Brown shared that we re-financed our bond and we got report from Moody’s, press release on website, good news, great position for non-home rule community of our size. AA3 rating.
MAYOR’S REPORT:
A. SEPTEMBER 2020 MEETING SCHEDULE
1. STUDY SESSION- SEPTEMBER 8, 2020-6:00 P.M.
2. STUDY SESSION- SEPTEMBER 15, 2020- 6:00 P.M.
3. BOARD OF TRUSTEES MEETING- SEPTEMBER 22, 2020-6:00 P.M.
Widener reminded everyone of upcoming Lion’s Club Parade, August 29, 2020. Mussels survey is same day.
NEW BUSINESS: N/A ADJOURNMENT: There being no further business, Johnson moved, Harpst seconded, “TO ADJOURN THE MEETING AT 6:46 P.M.” ROLL CALL: ALL YES. Motion carried. Respectfully submitted, Amanda Andersen Village Clerk/FOIA Officer
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VILLAGE OF MAHOMET STUDY SESSION
SEPTEMBER 8, 2020
The Village of Mahomet Board of Trustees met, Tuesday, SEPTEMBER 8, 2020 at 6:00 p.m. at the Village of Mahomet Administrative Offices, 503 E. Main St., Mahomet, IL. Due to COVID-19 this meeting was also attended via ZOOM. MEMBERS PRESENT: Sean Widener, Bruce Colravy, Dave Johnson, Andy Harpst, Don Lynn,
Bill Oliger and Brian Metzger. OTHERS PRESENT: Village Administrator Patrick Brown, Village Clerk Amanda Andersen,
Chief of Police Mike Metzler, Village Attorney Joe Chamley, Community Development Director Kelly Pfeifer, Parks and Rec Director Dan Waldinger, Dr. Lindsay Hall, Max Macomb, and Dani Tietz from Mahomet Daily.
CALL TO ORDER/PLEDGE OF ALLEGIANCE/ROLL CALL: Widener called the Study Session to order. After the Pledge of Allegiance, Clerk Andersen called the Roll and a quorum was present. PUBLIC COMMENT: There were no public comments on subjects not on the agenda. ADMINISTRATION: A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE VILLAGE OF MAHOMET, ILLINOIS AND MAHOMET-SEYMOUR CUSD #3 FOR CONWAY FARMS SUBDIVISION AND RELATED MATTERS VILLAGE OF MAHOMET, CHAMPAIGN COUNTY, ILLINOIS Widener explained that Dr. Hall is on the call to answer questions. Brown stated that the old IGA required the school district as the developer to build major road and infrastructure through the property. After school supported TIF expansion we committed to void first agreement and replace- this is replacement agreement. School must develop major roadway, watermain and sewer main- TIF district funded. Internal construction of infrastructure is part of building projects, not infrastructure. Pfeifer explained this Agreement will undo the alignments of former Country Ridge Drive, Secretariat and Churchill that were in parameter of property and will allow SMR and utility connections to be completed-using TIF dollars for this. Requires school to perform subdivision as simple method to vacate right of ways that don’t have roads in thief to secure easements to fulfil project. New agreement- school no longer obligated to utility/road connections. Brown reviewed attached documents. Pfeifer confirmed they can use right-of-way. Widener recapped that this has been discussed multiple times before, Village and School District. Metzger asked if there were any changes from last discussion? Widener said no. Oliger asked if this new agreement takes away cost burden from school district? Widener said yes. TIF will now cover much. Metzger asked if we have agreement with Conway Farms re right of way? Pfeifer said yes, in process-hope end of September. Wesley Meadow have also been presented to.
STUDY SESSION MINUTES September 8, 2020
Page 2 Lynn asked if Methodist Church property has been secured. Pfeifer said yes, that is Wesley Meadows that she previously spoke of. Metzler asked about property between Conway and school. Pfeifer said Vertical Tower Partners- close communications re right of way and easement dedications. Stake out so decision for sanitary can be made. Owner happy this is happening- should have right of way by end of the month. Dr. Hall stated she appreciated opportunity to work with Village. Widener said he suggests moving to Regular Agenda-agreed. AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE VILLAGE OF MAHOMET, ILLINOIS AND MAHOMET-SEYMOUR CUSD #3 FOR 13 ACRES PARK AND THE MAINTENANCE AND USE OF RECREATIONAL FACILITIES. Brown stated Board has discussed previously, Board would like to acquire this property. Waldinger added that agreement for use and maintenance of facilities is already in place, would have to edit if we are owners-school would still benefit from use of facilities, we would maintain entire property. We can’t invest in property if we don’t own it. Brown stated there are substantial costs associated with VOM purchasing tis property-drainage. Waldinger agrees, we are inheriting issues-need sidewalks, maybe tennis. Widener said that JR High part of agreement was removed, just 13 acres. We want 13 acres regardless of Jr High. Metzger asked if improvements would be through grant money or project work? Waldinger said combo-but is grant worthy. Metzger asked Waldinger to confirm this is a good investment for the VOM? Waldinger said yes, although drainage is a concern. Johnson asked if the 250K- where will funds come from? Brown said money is saved up-CIP plan has been setting aside money yearly. We have the cash now. Dr. Hall stated she appreciates opportunity to work with Village, she sees this as next step from the IGA for facilities use and maintenance. Max Macomb stated 13 acres agreement make great sense. Widener suggested to move to Regular Agenda- agreed. COMMUNITY DEVELOPMENT: A RESOLUTION CONCERNING THE REPLAT OF CONWAY FARMS SUBDIVISION PHASE 4, VILLAGE OF MAHOMET, CHAMPAIGN COUNTY, ILLINOIS. Pfeifer said this subdivision is the methodology we would use to vacate the former replat right of ways for Country Ridge, Secretariat, and Churchill. And secure easements necessary for existing MPE- clean it up with this. IF IGA is approved-next step is to record this. Widener asked if IGA must happen first? Pfeifer said no, just wait to record. Chamley recommended to put on regular agenda with the others so there is no confusion.
STUDY SESSION MINUTES September 8, 2020
Page 3 AN ORDINANCE PERTAINING TO THE LOCAL CURE PROGRAM. Brown explained state of IL made CURES, similar to CARES Act. Money available to VOM-$346,525 for reimbursable expenses related to COVID. We would be lucky to spend 10K- PPE, etc. We have to enter into Agreement for CURES Act portion- Mayor can give authority for us to get reimbursement. Mayor unknowingly signed it prematurely- IML says we need an ordinance first. Lynn asked if school district is eligible for these funds? Brown said no, neither can Cornbelt. Oliger asked if COVID continues if we go into summer will money still be available? Brown said no, expires Dec 31st, rest goes to State. Johnson moved, Harpst seconded, “TO MOVE THE ORDINANCE PERTAINING TO THE LOCAL CURE PROGRAM TO THE CONSENT AGENDA FOR THE SEPTEMBER 22, 2020 BOARD MEETING.” ROLL CALL: ALL YES. Motion carried. ADMINISTRATOR’S REPORT: No questions. DEPARTMENTAL REPORTS: ENGINEERING TRANSPORTATION WATER/SEWER MAYOR’S REPORT: Widener said the Honor Parade was successful as a fundraiser-over 60 entries. Thanks to volunteers, etc. NEW BUSINESS: (Discussion of any items that the Trustees may have for new business not
listed on the agenda. No formal action will be taken on these items during this proceeding)
Metzger asked if progress is being made on streetlight on LOW and 150? Widener said yes, estimated 30 days to completion.
Trustee asked if anyone is living in new apartments on 150? Brown said yes, people seem to be happy with it. Widener suggested when the club house is done, maybe a site visit could be done. Maybe treatment plant too.
ADJOURNMENT: There being no further business, Johnson moved, Lynn seconded, “TO ADJOURN AT 7: 10 P.M.”. ROLL CALL: ALL YES. Motion carried. Respectfully submitted, Amanda Andersen Village Clerk/FOIA Officer
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VILLAGE OF MAHOMET STUDY SESSION
SEPTEMBER 15, 2020
The Village of Mahomet Board of Trustees met, Tuesday, SEPTEMBER 15, 2020 at 6:00 p.m. at the Village of Mahomet Administrative Offices, 503 E. Main St., Mahomet, IL. Due to COVID-19 this meeting was also attended via ZOOM. MEMBERS PRESENT: Sean Widener, Bruce Colravy, Dave Johnson, Andy Harpst, Don Lynn,
Bill Oliger and Brian Metzger. OTHERS PRESENT: Village Administrator Patrick Brown, Village Clerk Amanda Andersen,
Chief of Police Mike Metzler, Village Attorney Joe Chamley, Finance Director Robert Kouzmanoff, Community Development Director Kelly Pfeifer, Planner Abby Heckman.
CALL TO ORDER/PLEDGE OF ALLEGIANCE/ROLL CALL: Widener called the Study Session to order. After the Pledge of Allegiance, Clerk Andersen called the Roll and a quorum was present. PUBLIC COMMENT: There were no public comments on subjects not on the agenda. FINANCE: TREASURERS REPORT: Kouzmanoff presented the Treasurer’s Report for July, still one month behind. Currently at 20.95% collected for revenues and expenditures are at 16.66%- we are on track managing finances well. $92K deposit into motor fuel tax fund, this did not make it into report, as part of rebuild IL program. Oliger asked if we are keeping track of COVID expenses? Kouzmanoff answered yes. Oliger asked when we turn the expenses in. Kouzmanoff stated throughout the end of the year or when funds are expended. Brown explained through CURE we can submit money whenever, with deadline 12/31/20. Oliger is concerned if we wait until the end of the year it may not be reimbursed. Kouzmanoff said CURE program has set aside $350k for VOM. Harpst moved, Johnson seconded, “TO MOVE TREASURERS REPORT TO THE CONSENT AGENDA FOR THE SEPTEMBER 22, 2020 BOARD MEETING.” ROLL CALL: ALL YES. Motion carried. BILL LIST: Kouzmanoff presented bill list, noted big ticket items of TIF reimbursements in taxing bodies in east Mahomet TIF as well as property tax rebates for annexed property will be on next. Total amounts of warrants is $316,027. Oliger asked what is Cahoy Pump expense? Brown believes it is from lightning strike at fire department repair. Lynn moved, Colravy seconded, “TO MOVE BILL LIST TO THE CONSENT AGENDA FOR THE SEPTEMBER 22, 2020 BOARD MEETING.” ROLL CALL: ALL YES. Motion carried.
STUDY SESSION MINUTES September 15, 2020
Page 2 ADMINISTRATION: TOWER SITE ANTENNA AGREEMENT: Brown explained we are trying to do point to point wireless to connect our fiber network to transportation facility to do so we need point to point wireless. In order to see that building we could install antenna on tower at fire department. We would be on 1 network and save $200/mo. In order to do this, we need to enter lease agreement with Cornbelt, IGA, trade off using antenna would be that they would be able to use our fiber internet at Village Hall. Johnson asked if this will affect school district? Brown said no. Oliger moved, Metzger seconded, “TO MOVE TOWER SITE ANTENNA AGREEMENT TO THE CONSENT AGENDA FOR THE SEPTEMBER 22, 2020 BOARD MEETING.” ROLL CALL: ALL YES. Motion carried COMMUNITY DEVELOPMENT: A RESOLUTION FOR THE BOARD OF TRUSTEES CONCERNING THE FINAL PLAT RIDGE CREEK FIFTH SUBDIVISION. Heckman explained that developer has applied for Plat everything they submitted is in compliance, PZC has recommended approval. Last plat to be developed, it includes over 11 acres. Inside village limits, water/sewer is Sangamon Valley-they will consider for approval this month. Widener asked what coordination has been done with Sangamon Valley? Heckman said they review construction plans once we approve. They determine if what was installed is good. Pfeifer said we consulted with SV expected to accept infrastructure that’s been constructed. Developer expected to submit maintenance bond, to replace construction bond. Permission to present to BOT-SV aware in preparation for recording. Johnson moved, Lynn seconded, “TO MOVE THE RESOLUTION FOR THE BOARD OF TRUSTEES CONCERNING THE FINAL PLAT RIDGE CREEK FIFTH SUBDIVISION TO THE CONSENT AGENDA FOR THE SEPTEMBER 22, 2020 BOARD MEETING.” ROLL CALL: ALL YES. Motion carried. AN ORDINANCE CONCERNING THE ZONING CODE. Heckman stated based on feedback from community staff looked into chickens for residential properties as accessory. Public Hearing was held-no public comment. PZC adopted resolution in favor of approving amendment. Ordinance addresses permits, licenses, housing requirements, number of chickens allowed, etc. If passed, not everyone in the VOM will be able to have chickens-some HOA’s will not allow, as well as other property restrictions. Widener asked if a chicken coop is like building garden shed? Heckman said they have added height restriction of 10ft, regular rules is 20ft, so this is reduced. Widener asked what will happen if you get a rooster rather than a hen. Heckman said roosters aren’t allowed so new home would need to be found. Widener asked about the waste component. What are maintenance requirements? Heckman said that means they need to keep it dry, may have to scoop out things that get wet. Can put it into regular trash in containers and bags. Johnson added it can be composted.
STUDY SESSION MINUTES September 15, 2020
Page 3 Harpst asked if ordinance is passed, how would we handle future property annexations if owner has more chickens than ordinance allows? Heckman said she assumes that they would be considered non-conforming until they were naturally down through lower number, then they wouldn’t be allowed to get more-naturel attrition. Oliger asked who will enforce? Heckman said Ken Buchanan bc it’s zoning ordinance and he will handle zoning ordinance as well. Lynn asked if someone goes to Rural King and buys premade coop will permit be required? Heckman said yes. $50 fee. Johnson asked if duplex’s and similar housing is included? Heckman said yes, its possible. Property owner has to apply-1 per property. Metzger asked what the comments were for the PZC member who votes against approving resolution? Heckman said they gave no comment or explanation. Widener asked if there was anything prohibiting renters from having chickens? Heckman stated it’s the owner that has to apply for license, no language re renters. Pfeifer added this is zoning ordinance change so rights run with property, so status of property is being occupied by owner or renter is not the guidelines which we grant authorities. Chamley stated per ordinance language licenses will be only be granted to persons who reside on and own parcels with established single-family dwellings. Colravy asked when the chickens are done producing, what is to happen to them. Heckman said that was not addressed in any ordinances that she has seen; she will investigate. What if HOA restricts chickens once this is passed by VOM? Chamley said it’s possible they can implement restrictions. Widener asked if there is anyone on the BOT opposed to chickens? No one said they were opposed, no additional questions. Johnson asked if we make this change, how can we inform residents? Are there a lot of people that want them right away? Heckman said she doesn’t think we will see big influx right away. Johnson suggested informational meeting. Widener stated to put on regular agenda for next BOT. AN ORDINANCE REGULATING CHICKENS BY AMENDING THE EXISTING CHAPTER 92 ENTITLED “ANIMAL CONTROL” AS HEREINAFTER CITED. Heckman stated we are adding an item that is an exemption to the restriction to having chickens, with valid coop license. Move to regular agenda for September BOT. A RESOLUTION ESTABLISHING CHICKEN COOP LICENSE FEE FOR THE VILLAGE OF MAHOMET, ILLINOIS. The other item is building permit for coop and run structure-$50, in addition they will apply for coop license which is renewed annually. As long as you’re in compliance fee would only have to be paid one time. Johnson asked if license conveys with property. Heckman said no. Metzler asked if the fees are on par with other towns-Heckman said yes. Move to regular agenda for September BOT.
STUDY SESSION MINUTES September 15, 2020
Page 4 ADMINISTRATOR’S REPORT: Brown went over departmental reports. DEPARTMENTAL REPORTS: COMMNUNITY DEVELOPMENT Pfeifer said we are ahead of last year-number of permits high. Heckman said Census activities still going on-might be extended through October. VOM is doing well-80% completed at this point. POLICE/ESDA No Questions PARKS AND REC Jason/Dan/Denise/Community members went last week and toured splashpad sites in central IL-went well. If anyone has a chance, go see the almost completed kayak launch. Colravy asked if they are going to have something so cars can’t get down there? Brown said yes-they will be removeable so staff or emergency vehicles can get there. MAYOR’S REPORT: Happy retirement to Dave Parsons. Brown stated raffle ordinance will probably be on BOT agenda. School district will have on their agenda this month IGA’s. NEW BUSINESS: (Discussion of any items that the Trustees may have for new business not
listed on the agenda. No formal action will be taken on these items during this proceeding)
Lynn was asked about building on Center street and the gutters, are we going to repair? Brown said he is aware, but we don’t have money in budget to get things painted until at least Spring. Jason ran into difficulty when repairing siding that he couldn’t find match to current siding. ADJOURNMENT: There being no further business, Metzger moved, Harpst seconded, “TO ADJOURN AT 7: 06 P.M.”. ROLL CALL: ALL YES. Motion carried. Respectfully submitted, Amanda Andersen Village Clerk/FOIA Officer
Village of Mahomet 503 E. Main Street • P.O. Box 259 • Mahomet, Illinois 61853-0259
Budget comparison reports should reflect expenses and revenues collected at approximately 25.00%. Revenues for this fiscal year are currently at 20.95% collected and expenditures are currently at 16.66% expended. The Same period last year Revenues were at 27.41% collected and expenses were at 14.51% expended. It is important to note that the adopted budget reflected substantial reductions to various revenue items and budgeted expenses already reflected substantial cuts. These percentages are ratios of what was expected and realized.
3. Attached is a report containing monthly information on a fiscal year basis for salesTax, use tax, income tax, personal property replacement tax, telecommunications tax, motor fuel tax and utility tax. Fiscal year 2021 shows an overall increase of 8,508.10 for this revenue category. Except for MFT, Use tax and Cannabis tax, all revenues in this category are less than the same period last year. Due to the lateness of this report, some August revenues have been populated on this report.
Sales tax revenue is coming in higher than expected. Staff anticipated large reductions to this source due to economic factors and the state allowing payors to delay payments.
4. Motor fuel tax distribution for this month contained a supplementary allotment. The standard entitlement was $11,604.70. The supplemental allotment which is related to the statewide fuel tax increase was $ 8,690.43 for a combined total of $20,295.13. 5. There were no real estate tax distributions for the month of July.
6. Staff is continuing to track COVID 19 related expenses. Under the CURE program the Village will be permitted to recoup a small amount of direct expenses. Many of the Villages indirect costs and small business aid are not currently eligible for reimbursement.
7. There is a known error in the attached budget comparison report. Franchise and maintenance fee revenue is showing negative. This is incorrect and should show correct values in future months.
Respectfully submitted
Robert Kouzmanoff
Finance & HR Director
Year May Jun Jul Aug Sep Oct Nov Dec Jan Feb March April TotalYTD +/-
2020 CHART OF ACCOUNTS #01-00 GENERAL CORPORATE #01-10 POLICE #01-20 STREETS & ALLEY #01-30 ADMINISTRATION #01-40 COMMUNITY DEVELOPMENT #01-45 PUBLIC WORKS DEPARTMENT #01-60 ESDA #02-00 WATER OPERATIONS #03-00 WASTEWATER OPERATIONS #04-00 WASTEWATER CAPITAL IMPROVEMENT #05-00 WATER CAPITAL IMPROVEMENT #06-00 WATER/SEWER BOND FUND #10-00 ECONOMIC DEVELOPMENT #11-00 RECREATION #12-00 PARKS #16-00 MOTOR FUEL TAX #17-00 IMRF #18-00 POLICE PENSION #19-00 SOCIAL SECURITY #22-00 INSURANCE #25-00 FORFEITED FUND/FEDERAL #26-00 FORFEITURE FUND #27-00 BOND ISSUE #28-00 UTILITY TAX #32-00 2012A & 2012B DEBT SERVICE-TIF #33-00 TIF #34-00 CRF/VRF #35-00 TRANSPORTATION SYSTEM/CAPITAL IMPROVEMENT #37-00 WWTP EXPANSION #39-00 BOND ISSUE 2003-B #40-00 E-PAY #46-00 TRANSPORTATION/CONSTRUCTION #47-00 TRANSPORTATION BOND #48-00 FIBER
VILLAGE OF MAHOMET Payment Approval Report - Board approval Page: 1
LOCAL CORONAVIRUS URGENT REMEDIATION EMERGENCY SUPPORT PROGRAM (“Local CURE Program”)
FINANCIAL SUPPORT CONDITIONS AND CERTIFICATION
Village of Mahomet (“Local Government”), with its principal office at 503 E Main St, PO Box 259, Mahomet, IL 61853, is eligible to receive an amount not to exceed $346,525 (“allotment”) as financial support pursuant to the Local CURE Program. The Local CURE Program is funded from financial assistance the State of Illinois received through the U.S. Department of the Treasury’s Coronavirus Relief Fund (CFDA No. 21.019) authorized under section 601(a) of the Social Security Act, as added by section 5001 of the Coronavirus Aid, Relief and Economic Security Act, P.L. 116-136 (“CARES Act”). As a Local Government recipient of financial support through the Local CURE program, the Local Government is required to utilize the financial support received from the Illinois Department of Commerce and Economic Opportunity (the “Department”) for the specific purposes as set forth below. To participate in the Local CURE Program, the Local Government must remain in compliance with the terms and certifications stated herein. Please review the items below carefully, as the Local Government and its representative shall warrant that all material facts presented are accurate. If the Local Government is unable to provide this assurance, it is ineligible to receive financial support under the Local CURE Program. The Department may enter into an agreement with one or more third parties to assist in the administration of the Local CURE Program. The Local Government shall adhere to all instructions or guidance issued by the Department’s third party vendors in addition to those of the Department. The allowable uses of program funds and eligible expenditures set forth in this certification will be modified by the Department, in accordance with the Illinois Administrative Procedure Act, if the CARES Act or the U.S. Department of the Treasury guidance is amended to authorize different categories of eligible uses or eligible expenses. The Local Government should return this signed Financial Support Conditions and Certification by October 1, 2020.
FINANCIAL SUPPORT CONDITIONS
As the authorized representative of the Local Government, I agree and certify that the Local Government:
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General Information 1. Provided true and accurate information on the following documents, as applicable: the
application and the IRS Form W-9. 2. Will have, by the time Local Government submits its first request for reimbursement, an active
registration on the federal System for Award Management (“SAM”) and will maintain an active SAM registration throughout the duration of the Local Government’s participation in the Local CURE Program.
3. Is a “unit of local government” as defined by the Illinois Constitution, Article VII, Section 1 and has the legal authority to apply for and receive financial support under the Local CURE Program.
4. Is not located completely within one or more of the five Illinois counties that received direct allotments from the CARES Act fund (Cook, DuPage, Kane, Lake, or Will).
Local CURE Program Requirements
5. Has incurred or will incur eligible costs, as defined by 14 Ill. Admin. Code Part 700, for which it will seek reimbursement from the Department under the Local CURE Program. Specifically, the costs incurred by the Local Government:
a. are necessary expenditures incurred due to the public health emergency with respect to COVID-19;
b. are not accounted for in the budget most recently approved as of March 27, 2020 (the date of enactment of the CARES Act) for the unit of local government; and
c. were or will be incurred during the period that begins on March 1, 2020 and ends December 30, 2020.
6. Understands that pursuant to the Local CURE Program, the Local Government will only be permitted to seek reimbursement from the Department for costs that have already been expended for services performed or goods received. No advance payments will be permitted.
7. Shall seek reimbursement from one or more of the following five categories of eligible incurred expenses:
a. Medical expenses, including but not limited to: expenses of establishing temporary public medical facilities and other measures to increase COVID-19 treatment capacity, costs of providing COVID-19 testing, and emergency medical response expenses;
b. Public health expenses, including but not limited to: expenses for communication and enforcement by local governments of public health orders related to COVID-19;
c. Payroll expenses for public safety, public health, health care, human services, and similar employees whose services were substantially dedicated to mitigating or responding to COVID-19;
d. Expenses for actions taken to facilitate compliance with COVID-19 related public health measures; and
e. Any other COVID-19 related expenses reasonably necessary to the function of government, or for other uses approved by the Department, that satisfy the Local CURE Program eligibility criteria. The Local Government must document how expenses are related to COVID-19.
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8. Understands that to be eligible for reimbursement, the Local Government must have had services performed or received goods to respond directly to the public health emergency with respect to COVID-19 by December 30, 2020.
9. Understands that it is Local Government’s responsibility to communicate with and report to the Department Local Government’s needs regarding the allotment on a regular basis, as directed by the Department. This includes the requirement that Local Government report as soon as practicable if it believes that a portion of the allotment will not be utilized by the Local Government, OR if Local Government is in need of additional funds in excess of the allotment, for costs which will be incurred by December 30, 2020 and which will comply with all the Local CURE Program requirements.
10. Understands that on or around November 1, 2020, the Department will send a notice to Local Government indicating that it must report in detail: (a) how Local Government intends to spend the remainder of the initial allotment, and (b) any anticipated eligible expenses through December 30, 2020 in excess of the local government’s initial allotment. If, by December 1, 2020, Local Government does not submit a report to the Department, or the detailed report submitted by Local Government reveals that some or all of the allotment will not be utilized by the Local Government, the Department will redirect, in accordance with 14 Ill. Admin. Code Part 700, the projected unspent balance to other local governments eligible for the Local CURE Program, which have reported a need for funds.
11. Understands that all requests for reimbursement for any Local CURE Program allotment received by Local Government before February 1, 2021 must be received by the Department or its third party administrator by January 31, 2021.
12. Understands that if Local Government’s allotment has a remaining balance of funds for which Local Government has not sought reimbursement by January 31, 2021, on February 1, 2021, the remaining balance will be redirected to one or more local governments eligible for the Local CURE Program, which have a need for funds.
13. Understands that if the Local Government receives an allotment on or after February 1, 2021, the Local Government must submit all requests for reimbursement for this allotment to the Department or its third party administrator by February 28, 2021.
14. Understands that for any allotment received by Local Government on or after December 1, 2020, to be eligible for reimbursement, the Local Government must have had services performed or received goods to respond directly to the public health emergency with respect to COVID-19 by December 30, 2020.
15. Understands that the Local Government will submit to the Department or its third party administrator requests for reimbursement on forms provided by the Department or its third party administrator, including all required supporting documentation and in the manner requested by the Department or third party administrator, that the third party administrator will review the information received for eligibility, and if approved, the payment(s) will be released by the Department to the Local Government.
16. Understands that funds received through the Local CURE Program may not be used to fill shortfalls in the Local Government’s revenue to cover expenditures that would not otherwise qualify under the program unless the Department authorizes such expenditures, in accordance with the Illinois Administrative Procedure Act, after a modification to the CARES Act or subsequent guidance issued by the U.S. Department of the Treasury.
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17. Shall not seek reimbursement for incurred expenses under the Local CURE Program for which the Local Government has received or will receive a duplicate benefit through another State or federal funding opportunity.
18. Understands that any funding provided through the Local CURE Program is authorized under section 601(a) of the Social Security Act, as added by section 5001 of the CARES Act. The Local Government shall follow all requirements of the CARES Act, including, but not limited to, all related guidance, including subsequent guidance, issued by the U.S. Department of the Treasury.
19. Shall use the funds received from the Department in accordance with the requirements of the Local CURE Program, including the statute (20 ILCS 605/605-1045), rules (14 Ill. Admin. Code Part 700), including any amendments thereto, and all written guidance and manuals issued by the Department and/or its third party administrator. The Department, as the administrator of the Local CURE Program, has the authority to take any action necessary to bring Local Government into compliance with the program requirements.
20. Understands that the Department reserves the right to seek a refund from the Local Government if the Department, another State agency or the federal government finds that the Local Government: (a) made a false or fraudulent statement to the Department or its third party administrator; (b) made a false or fraudulent claim for funds; or (c) spent the Local CURE Program funds on ineligible expenses or for duplicate costs that were reimbursed through another federal or State program.
Local CURE Program Administrative Requirements
21. Shall provide all necessary forms, documentation and information as required or requested by
the Department or its third party administrator(s) to operate the Local CURE Program. 22. Shall submit all required reports and information requested by the Department or the third
party administrator including, but not limited to, information demonstrating funds received under the Local CURE Program were deposited in an account held by the Local Government.
23. When requesting a reimbursement, shall submit a report certifying the costs, as required by 2 CFR 200.415, and provide all documentation and information required by 14 Ill. Admin. Code Part 700, and any other information requested by the Department or its third party administrator.
24. Shall include Local CURE funding in the applicable financial statement and/or audit of the Local Government, including a Single Audit pursuant to the Single Audit Act (31 U.S.C. §§7501-7507).
25. Shall not seek reimbursement for costs paid to an entity on the federal or State debarred and suspended list.
26. Shall comply with the following provisions of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR Part 200): 2 CFR 200.303 regarding internal controls; 2 CFR 200.330 through 200.332 regarding subrecipient monitoring and management; subpart E regarding cost eligibility requirements; and subpart F regarding audit requirements.
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General Administrative Requirements
27. Is complying with all relevant State and federal laws and regulations. 28. And its affiliate(s), is/are not barred from receiving the Local CURE Program funds because
the Local Government, or its affiliate(s), is/are delinquent in the payment of any debt to the State, unless the Local Government, or its affiliate(s), has/have entered into a deferred payment plan to pay off the debt, and the Local Government acknowledges the Department may terminate and/or seek a refund of the Local Government’s Local CURE Program allotment if this certification is false (30 ILCS 500/50-11).
29. Shall continue to comply, as applicable, with the provisions of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333), the Copeland Act (40 U.S.C. 276c and 18 U.S.C. 874), the Davis-Bacon Act (40 U.S.C. 276a-276-1), the Drug-Free Workplace Act of 1988 (44 CFR, Part 17, Subpart F), the Fair Labor Standards Act (29 U.S.C. 201), and the Illinois Prevailing Wage Act (820 ILCS 130/1).
30. Shall comply with all relevant laws and regulations concerning non-discrimination. 31. Shall pay no appropriated funds to any person for influencing or attempting to influence an
officer or employee of federal, State or local government, or an employee of a member of any federal, State or local government in connection with the awarding of any State and federal contract, the making of any State and federal grant, the making of any State and federal loan, the entering into any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any State and federal contract, grant, loan or cooperative agreement.
32. Shall prohibit employees, contractors, and subcontractors from using their positions for a purpose that constitutes or presents an appearance of personal or organizational conflict of interests or personal gain.
33. Has no action, lawsuit or proceeding pending or, to the knowledge of the Local Government, threatened which questions the legality or propriety of the transactions contemplated by the receipt of funds through the Local CURE Program or which will have a material adverse effect on the performance required by the Local Government.
34. Has not received any notice of any investigation conducted or charges, complaints or actions brought by the State of Illinois or any governmental body within the State of Illinois regarding the Local Government or its principals and key personnel that will be involved in the use of the Local CURE Program funds received.
35. Has not received any notice that any of its principals or key personnel that will be involved in the use of the Local CURE Program funds are the subject of any criminal investigations or charges.
36. Understands that neither the Department nor the Local Government shall be liable for actions chargeable to the other party related to the Department’s provision of funds to the Local Government including, but not limited to, the negligent acts and omissions of a party’s agents, employees or subcontractors in the performance of their duties, unless such liability is imposed by law.
37. Understands that receiving funds pursuant to the Local CURE Program is contingent upon and subject to the availability of sufficient funds. The Department may terminate or suspend the Local Government’s allotment, in whole or in part, without penalty or further payment being required, if (i) sufficient funds have not been appropriated or otherwise made available to the Department by the State or the federal funding source, (ii) the Governor or the Department
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reserves funds, or (iii) the Governor or the Department determines that funds will not or may not be available for payment. The Department shall provide notice, in writing, to the Local Government of any such funding failure and its election to terminate or suspend Local Government’s allotment as soon as practicable. Any suspension or termination pursuant to this paragraph will be effective upon the date of the written notice unless otherwise indicated.
Accessibility of Records and Retention
38. Shall make books, records, related papers, supporting documentation, financial records and personnel relevant to the Local CURE Program available to authorized Department representatives, the Illinois Auditor General, Illinois Attorney General, any Executive Inspector General, federal authorities, and any other person as may be authorized by the Department (including auditors), by the State of Illinois or by federal statute. Local Government shall cooperate fully in any such audit or inquiry. Failure by the Local Government to maintain books, records, financial records and supporting documentation shall establish a presumption in favor of the State for the recovery of any funds paid by the State under the Local CURE Program for which adequate books, records, financial records and supporting documentation are not available to support disbursement.
39. Understands that the Department or its third party administrator will conduct monitoring of the Local CURE Program to ensure funds were spent in accordance with the Local CURE Program statute and the administrative rules.
40. Shall provide to any agent authorized by the Department, upon presentation of credentials, full access to, and the right to examine, any document, papers and records either in hard copy or electronic format, of the Local Government involving transactions related to the Local CURE Program.
41. Shall maintain for five (5) years from the date of submission of the final request for reimbursement, adequate books, all financial records and supporting documents, statistical records and all other records pertinent to the Local CURE Program. If any litigation, claim or audit is started before the expiration of the retention period, the records must be retained until all litigation, claims or audit exceptions involving the records have been resolved and final action taken.
Other Expenditures Prohibited by the CARES Act
42. Shall not seek reimbursement under the Local CURE Program for expenditures prohibited by section 5001(b) of the CARES Act, including, but not limited to:
a. advocacy for the legalization of any drug or other substance included in Schedule I of the schedules of controlled substances established under Section 202 of the Controlled Substances Act;
b. dissemination of deliberately false or misleading scientific information; c. lobbying; or d. expenses for an elective abortion or on research in which a human embryo is destroyed,
discarded, or knowingly subjected to risk of injury or death. The prohibition on payment for abortions does not apply to an abortion if the pregnancy is the result of an act of rape or incest; or in the case where a woman suffers from a physical disorder, physical injury, or physical illness, including a life-endangering physical condition
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caused by or arising from the pregnancy itself, that would, as certified by a physician, place the woman in danger of death unless an abortion is performed.
Please Answer the Following Questions:
1. Does the Local Government intend to use the full allotment of funds set forth in the first paragraph, above? ☐Yes ☐ No
a. If yes, the Local Government agrees that it shall notify the Department as soon as practicable if the Local Government determines that it will not use its full allotment.
b. If no, approximately, how much of the allotment does the Local Government plan to use? $ _________________________
2. Does the Local Government have or estimate it will have additional Local CURE Program
eligible expenses greater than the allotment set forth in the first paragraph, above? ☐Yes ☐ No
a. If yes, please provide an estimate of the additional funds needed and the types of expenses generally. __________________________________________________ __________________________________________________________________
3. Does the Local Government plan to use any of the funds received through the Local CURE
program from the Department as a required match component for another State or federal program? ☐Yes ☐ No
a. If yes, please describe the program(s). ___________________________________ __________________________________________________________________
CERTIFICATION
The individual below, acting in the capacity to represent the Local Government in completion of this certification, certifies that all information contained herein, is true to the best of his/her knowledge and belief. I declare under penalty of perjury that the above statements are true and correct. Authorized Representative
_____________________ _Sean Widener, Village President_ Signature Name & Title __________ Date ____________ E-mail ___ _37-6000499_____ ______086474512_______ Local Government FEIN Local Government DUNS Number
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Primary Local Government Contact for Local CURE Program Name: ____________________________ Title: _____________________________ Address: ___________________________ Phone: _____________________________ E-mail: _____________________________
ORDINANCE NO. 20-09-01
AN ORDINANCE PERTAINING TO THE LOCAL CURE PROGRAM
Adopted by the President and Board of Trustees
Of The Village of Mahomet
Champaign County, Illinois
This 22nd day of September 2020
WHEREAS, the Village of Mahomet, Champaign County, Illinois, (“Village”) is an Illinois municipality, eligible for reimbursement of funds through the Local Coronavirus Urgent Remediation Emergency Support Program (Local CURE Program), 20 ILCS 605/605-1045; and
WHEREAS, the Local CURE Program is funded from financial assistance the State of Illinois received through the U.S. Department of the Treasury’s Coronavirus Relief Fund (CFDA No. 21.019) authorized under section 601(a) of the Social Security Act, as added by section 5001 of the Coronavirus Aid, Relief and Economic Security Act, P.L. 116-136 (“CARES Act”); and
WHEREAS, as a Local Government recipient of financial support through the Local CURE Program, the Village is required to utilize the financial support received from the Illinois Department of Commerce and Economic Opportunity (the “Department”) for the specific purposes and in compliance with the terms and certifications of the Local CURE Program; and
WHEREAS, the corporate authorities of the Village have determined that it is advisable, necessary and in the best interest of the Village to enter into the attached Local CURE Program Financial Support Conditions and Certification in order to participate in and receive the funding pursuant to the Local CURE Program.
NOW, THEREFORE, BE IT ORDAINED, by the President and Board of Trustees of the Village of Mahomet, Champaign County, Illinois, as follows:
Section 1 – The foregoing recitals shall be and are hereby incorporated as findings of fact as if said recitals were fully set forth herein.
Section 2 – The Financial Support Conditions and Certification in substantially the form of the exhibit attached hereto is hereby incorporated herein by reference, authorized and approved.
Section 3 – The Village President is hereby authorized to execute and deliver and the Village Clerk is hereby authorized to attest to said execution of said certification in
substantially the form of the exhibit appended hereto as so authorized and approved for and on behalf of the Village.
Section 4 – SEVERABILITY. If any provision of this Ordinance or application thereof to any person or circumstances is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this Ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this Ordinance is severable.
Section 5 – REPEAL OF CONFLICTING PROVISIONS. All ordinances and resolutions, or parts thereof, in conflict with the provisions of this Ordinance are, to the extent of the conflict, expressly repealed on the effective date of this Ordinance.
Section 6 – The provisions of this Ordinance shall become effective September 22, 2020 following its passage, approval, and publication as required by law. The Village Clerk is hereby authorized and directed to cause this Ordinance to be published in pamphlet form. Upon motion by Trustee ______________________________, seconded by Trustee _______________________, passed by the President and Board of Trustees of the Village of Mahomet, Illinois this 22nd day of September 2020, by roll call vote, as follows: Voting “aye” (names): Voting “nay” (names): Abstained (names):
PASSED and APPROVED this 22nd day of September 2020.
___________________________________ Village President (SEAL) Attest: _________________________________ Village Clerk
Published in Pamphlet form the day of 2020. Amanda Andersen, Village Clerk Village of Mahomet
MEMORANDUM
TO THE
BOARD OF TRUSTEES
ITEM: Intergovernmental Agreement with Cornbelt Fire Protection District for access of Antenna Site.
DEPARTMENT: Administration
AGENDA SECTION: Administration AMOUNT: N/A
ATTACHMENTS: ( ) ORDINANCE (X) RESOLUTION (X) OTHER SUPPORTING DOCUMENTS
DATE: September 15, 2020
INTRODUCTION: We are asking the board to approve an intergovernmental agreement with Cornbelt for the use of their antenna tower so we can install three point to point wireless antennas.
BACKGROUND: The Village plans to install three small antennas for point-to-point wireless connection of our Administration internet fiber to connect the Public Works/Parks & Rec facility is on internet and our internal network. This will allow us to eliminate the monthly and yearly expenses for Mediacom. This is estimated at $218 a month or $2,616 a year. With more users we may have to increase fiber package, but we will wait and see. We may be able to save some additional expenses if we can connect them to our phone service, so they are part of our Frontier bill.
Point-to-point wireless is limited to line of sight, otherwise we would be adding other facilities to our network using this method, but we may have some possible expansion in the future.
In consideration of Cornbelt allowing the Village to use the tower, we will allow their main station located at 506 East Main Street to be included as part of our fiber internet service we pay for at our Administration building without charge. They will also not charge us for any electrical usage that the antenna may draw.
We will not execute the agreement until we have everything work out on the purchase of the antennas.
DISCUSSION OF ALTERNATIVES:
Point-to-point is our most cost-effective method. We can sign up independently with another fiber supplier to service this facility, but at a monthly charge. Or we could expand our own fiber network we share with the school district to this facility at a considerable expense.
PRIOR BOARD ACTION: None.
COMMUNITY INPUT: N/A
BUDGET IMPACT: There is not budget impact for our agreement with Cornbelt. We will have an expense for the NanoBeam PTP antennas. Estimated at $8,000-$9,000. This scenario pays for itself in about 3.5 years. If we are able to add another facility or eliminate phone service expenses the pay back is reduced significantly.
STAFF IMPACT:
SUMMARY: This is an IGA with Cornbelt for the use of their antenna tower located behind their main Fire Station.
RECOMMENDED ACTION: Approve the INTERGOVERNMENTAL AGREEMENT BETWEEN CORNBELT FIRE PROTECTION DISTRICT AND THE VILLAGE OF MAHOMET, CHAMPAIGN COUNTY, ILLINOIS (Antenna Site Access Agreement)
DEPARTMENT HEAD APPROVAL: VILLAGE ADMINISTRATOR:
INTERGOVERNMENTAL AGREEMENT
BETWEEN CORNBELT FIRE PROTECTION DISTRICT AND THE VILLAGE OF MAHOMET, CHAMPAIGN COUNTY, ILLINOIS
(Antenna Site Access Agreement) THIS INTERGOVERNMENTAL AGREEMENT BETWEEN CORNBELT FIRE PROTECTION DISTRICT AND THE VILLAGE OF MAHOMET, CHAMPAIGN COUNTY, ILLINOIS (Antenna Site Access Agreement) (hereinafter “Agreement”) is made and entered into on this ___ day of __________ 2020, by and between the Cornbelt Fire Protection District, whose address is 506 East Main Street, PO Box 500, Mahomet, IL 61853 (the “Owner”), and Village of Mahomet, Champaign County, Illinois, an Illinois municipal corporation, whose address is 503 East Main Street, Mahomet, IL 61853 (the “User”). 1. Antenna Site Access Agreement. Owner allows access to User on the terms and conditions contained herein, (a) space on the existing antenna tower for the installation of three (3) NanoBeam Antennas, (b) a non-exclusive easement for the unrestricted right of access thereto and for a suitable service of electricity, telephone and other utility facilities under the property described on attached Exhibit A (collectively, the “Site” or “Premises”). The parties acknowledge and agree that the Owner’s execution of this agreement constitutes a permit for User to use the Site and that User intends to locate on the existing antenna at the Site shown on the attached Exhibit A, (the “Tower”) three (3) Nanobeam antennas and associated cables, wires and electrical equipment for the system described above (the “Antenna Facilities”). During the term of this Agreement, User, its employees, agents, invitees and its authorized representatives and contractors, shall have twenty-four (24) hour per day, seven (7) day a week access as needed to the Site. The Owner reserves the right of access to the Site in emergencies as may be necessary to ensure the sound maintenance and safe operation of all facilities at the Site, but under no circumstances will the Owner willfully damage or interfere with User’s access to or use of the Site.
2. Term. The term of this Agreement shall be perpetual, subject to rights of termination described herein. 3. Consideration. In addition to the mutual promises contained herein, User shall provide Owner with internet service for Owner’s facility located at 506 East Main Street, Mahomet, IL 61853 using User’s internet access. User shall not be responsible for any electricity usage and charges from power consumption of the three NanoBeam antennas. User does not warrant the continued use and enjoyment of said internet service. 4. Use of the Premises. a. User may use the Site for the installation, operation and maintenance of its Antenna Facilities, for the transmission, reception and operation of a communications system in accordance with the terms of this Agreement. The Owner may permit others to use other portions of the antenna on the Site. User’s installation of all such Antenna Facilities shall be done according to plans approved by the Owner, which shall not be unreasonably withheld, conditioned or delayed. b. User shall, at its expense, comply with all present and future federal, state and local laws, ordinances, rules and regulations (including laws and ordinances relating to health, radio frequency emissions, other radiation and safety), if applicable, in connection with the use,
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operation, maintenance, construction and/or installation of the Antenna Facilities and/or the premises. Owner agrees to reasonably cooperate with User in obtaining any federal licenses and permits required for or substantially required by User’s use of the premises at the expense of User. c. Upon termination of this Agreement, User shall remove the Antenna Facilities and all support structures that are not shared or used by another user of the Tower. Such removal shall be done in a workmanlike and careful manner and without interference or damage to the Tower, or any other equipment, structures or operations on the Site, including use of the Site by the Owner or any of the Owner’s assignees or User. At such time User will no longer be responsible to provide Owner with internet service for Owner’s facility. d. The Owner reserves the right to install additional bracketing material or similar structural supports to allow for the co-location of other Users’ antenna or similar radiating or broadcasting equipment. The Owner agrees, as a precondition to any such additional installation, to provide all reasonable and necessary assurances to User that such co-location will not disturb, disrupt or cause harm to User’s antenna or radiating equipment. Should User cause or have cause to terminate this Agreement, the Owner shall have the right to cause User to remove all supporting attachments placed on the Tower by User or elect not to cause User to remove its supporting hardware. 5. Equipment Upgrade. User has the right to update or replace its Antenna Facilities from time to time, provided that the replacement facilities are not greater in number or size than the existing facilities and that any change in their location on the Tower is satisfactory to the Owner. 6. Maintenance. a. User shall, at its own expense, maintain its Antennas in a safe condition, in good repair and in a manner reasonably suitable to the Owner so as not to conflict with the use of the Tower by the Owner. In carrying out its maintenance responsibilities, User shall not interfere with the use of the Tower, the premises, related facilities or other equipment of other tenants. b. User shall have sole responsibility for the maintenance, repair and security of its Antenna Facilities, and improvements, and shall keep the same in good repair and condition during the term of this Agreement. c. User shall keep the Premises free of debris and anything of a dangerous, noxious or offensive nature or which may create a hazard or undue vibration, heat, noise or interference. d. User shall keep the Site clean and neat with respect to User’s use. 7. Utilities. During the Term of this Agreement, Owner shall provide necessary electric power to User’s Antenna Facilities located on the Site. Owner agrees to cooperate with User in User’s efforts to obtain electric and other utilities from any location provided by Owner or the servicing utility. The cost to maintain, repair, operate and replace the electric facilities, upgrades or extensions to the Site requested by User shall be paid by User. User shall promptly repair at User’s expense any damage occasioned by said construction or maintenance on the Site. 8. Taxes. User shall be responsible for paying all taxes assessed directly upon and arising solely from its own use of the Antenna Facilities on the Site during the Term of this Agreement.
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9. Interference. User agrees to install and operate only equipment which does not cause interference to Owner or other Users or licensees of the Tower site (“Pre-Existing User”); provided that Village’s or such other Users' or licensees’ installations predate that of the User's installation of its Antenna Facilities. In the event that the User's Antenna Facilities cause such interference or any permitted subsequent modification or addition causes such interference, User shall take all steps necessary to correct and eliminate the interference. If the interference is substantial (as determined by the Pre-Existing User acting in good faith and reasonably), then the User shall have forty-eight (48) hours to resolve the interference problem. If the interference is substantial and cannot be resolved within 48 hours, User shall power down its equipment and/or cease operations in order to correct and eliminate such interference provided that User may operate its equipment intermittently during off-peak hours for testing purposes only. If the interference is not substantial, User shall work diligently and take all necessary and appropriate action to cure such interference as promptly as possible without having to power down its equipment unless the interference becomes substantial.
In all cases of interference if User is unable to eliminate the interference, or reduce it to a level acceptable to the affected Pre-Existing User, within a period of thirty (30) days of receipt of notification, then either party may terminate this Agreement.
Owner agrees not to allow any user of the Tower whose equipment is installed or modified subsequent to User's installation of its Antenna Facilities (“Subsequent User”) to interfere with the operation of User. In the event User is subject to any such interference, Owner shall (or shall cause other Subsequent Users) take all steps necessary to correct and eliminate the interference. If such interference is not eliminated within forty-eight (48) hours after Owner's receipt of notice of such interference from User, Owner shall (or shall cause such other Subsequent User) to cease operations if requested by User until the interference is eliminated. If such Subsequent User is unable to eliminate the interference, or reduce it to a level acceptable to User, within a period of thirty (30) days, then User may, in addition to any other rights it may have, terminate this Agreement. Nothing in this section shall be deemed or interpreted to authorize User to illegally transmit on any frequencies or to provide any protection to User from interference from any other person in the event that User is operating on any unlicensed frequency spectrum.
User’s installation, operation, and maintenance of its Antenna Facilities shall not damage or interfere in any way with the Owner’s Tower operations or with such activities of other tenants of the Tower. If the Owner receives a request for co-location on the Tower from any other third-party, it shall submit a proposal complete with all technical specifications reasonably requested by User to User for review for non-interference; however, Owner shall not be required to provide User with any specifications or information claimed to be of a proprietary nature by the third party. User shall have thirty (30) days following receipt of said proposal to make any objections thereto, and failure to make any objection within said thirty (30) day period shall be deemed consent by User to the installation of antennas or transmission facilities pursuant to said proposal, provided however that if such third party's equipment causes interference, such interference is subject to the earlier provisions of this Section. If User gives notice of objection due to interference during such thirty- (30) day period and User’s objections are verified by Owner to be valid, then Owner shall not proceed with the proposal.
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10. Insurance. User shall maintain, at its sole cost during the Term of this Agreement, comprehensive general liability insurance with limits of at least One Million Dollars ($1,000,000) per occurrence and in the aggregate, and shall name Owner as an additional insured on such policy. User shall furnish such evidence as Owner may reasonably require of the insurance including, but not limited to, a certificate of insurance. Owner shall insure its property, the Tower and building of which the Site is a part thereof, as the case may be, against loss or damage under a policy or policies of fire and extended coverage. 11. User’s Property. All Antenna Facilities installed by User at the Site shall remain the property of User and shall not be subject to any lien or encumbrance of Owner or any third party acting pursuant to an agreement with Owner. Owner waives any lien rights it may have concerning User’s Antenna Facilities which are deemed User’s personal property and not fixtures, and User has the right to remove the same at any time without Owner’s consent. Owner acknowledges that User’s Antenna Facility shall be exempt from execution, foreclosure, sale, levy, attachment, or distress for any rent due or to become due and that such Antenna Facility may be removed by User at any time without recourse to legal processing. 12. Damage to Owner’s Facilities. User shall exercise reasonable precaution to avoid damage to the Tower and, subject to the waivers contained in this Agreement, hereby assumes all responsibility for any and all loss or damage to such facilities caused by User. User shall make an immediate report to Owner of the occurrence of any damage. Any damage done to the Tower and/or Site during installation and/or during operations by User shall be repaired or replaced within ten (10) days at User’s expense and to Owner’s sole satisfaction. 13. Indemnity. User and Owner shall indemnify and hold the other harmless from any and all costs (including, but not limited to, reasonable attorneys’ fees and court costs) and claims of liability or loss which arise out of the use and/or occupancy of the Site by such indemnifying party, including liability or loss arising from environmental contamination as provided in Paragraph 16 below. This indemnity shall not apply to any claims arising from the sole negligence or intentional misconduct of the indemnified party.
User agrees to indemnify, defend and hold harmless Owner, its agents and employees, from and against any and all damages, actions, suits, demands, costs, expenses, judgments, claims, causes of action, liabilities and indebtedness of any kind or nature whatsoever, including reasonable attorney's fees, for injuries (including death) to any persons or damage to or theft or misappropriation or loss of property occurring in or about the Site, whether brought by a third party or an agent, employee, contractor or subcontractor of User (all of the foregoing collectively referred to as “claims, loss and damages”) which result from or in any way relate to or arise out of User's use and occupancy of the Site or from any activity work or thing done, permitted or suffered by User in or about the Site (including, without limitation, any construction by User) or from any breach or default on the part of User in the performance of any covenant or agreement on the part of User to be performed under this Agreement or due to any other act or omission of User, its assignees, invitees, employees, contractors and agents, except to the extent that such claims, loss and damages may be due to or caused by the willful or negligent acts or Owner, its agents or employees. 14. Hazardous Substances. User agrees not to introduce or use any substance, chemical or waste (collectively, a “Substance”) that is identified as hazardous, toxic or dangerous in any applicable federal, state or local law or regulation on the Site in violation of any such applicable law or regulation. User covenants and agrees that the Site will, at all times during User's use and
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occupancy thereof, be kept and maintained so as to comply with all now existing or hereafter enacted or issued statutes, laws, rules, ordinances, orders, permits and regulations of all state, federal or local and other governmental and regulatory authorities, agencies and bodies applicable to the Site pertaining to environmental matters, or regulating, prohibiting or otherwise having to do with hazardous Substances (collectively, “Environmental Laws”). User will indemnify, defend and hold harmless Owner, its agents and employees, from and against any and all liabilities, expenses, penalties, fines, claims, demands, costs, assessments, expenses (including reasonable attorney's fees, engineer's and consultant's fees) which Owner shall or may incur by reason of User's failure to comply with this Agreement, including, but not limited to, the cost of bringing the Site and any other property into compliance with all Environmental Laws, the reasonable cost of all appropriate tests and examinations of the Site and any other property to confirm that the Site and any other property has been brought in compliance with this Agreement. This indemnity specifically includes all reasonable costs, expenses and fees incurred by Owner in connection with any investigation, clean-up, removal, remediation or restoration of the Site or any other property. This indemnification shall survive the expiration or earlier termination of this Agreement. 15. Assignment. The parties agree that this Agreement is not assignable or transferable to any third party without the written consent of the other party, which consent may be granted or denied at the sole discretion of the other party. No third party may be a beneficiary of this Agreement. This Agreement shall be binding upon the successors and permitted assigns of both parties. 16. Condemnation. If all or substantially all of Owner’s property upon which the Site is located is condemned by an authorized governmental or quasi-governmental authority, this Agreement shall terminate upon the date of the taking and each party shall have the right to maintain their own respective actions against the condemning authority for their respective damages and neither party shall have any interest in any award granted to the other. If a taking occurs, the Rent shall be prorated to the date of the taking, and any excess prepaid Rent shall be promptly repaid to User. 17. Termination. User shall have the right to terminate this Agreement at any time without further liability to Owner if (i) User cannot obtain all certificates, permits, licenses or other approvals (collectively “Approvals”) required from any governmental authority and/or any easements required from any third party to operate its communications facility; (ii) such Approvals are canceled, expire, lapse, withdrawn or terminated; (iii) for any other reason, User, in its sole discretion, determines that it will be unable to use the Site for the use intended by this Agreement. Owner shall have the right to terminate this Agreement for a material breach of this Agreement, including any failure to provide internet access, upon 30 days written notice to User and User’s failure to cure. 18. Default, Costs and Expenses. In the event either the Owner or the User fails to perform any of the material obligations imposed upon them respectively under this Agreement, the party not so in default shall have the right, in addition to any other right specified in this Agreement, to any other lawful remedy as provided by law. 19. Notices. All notices shall be in writing and sent by U.S. certified mail, postage prepaid, return receipt requested or by overnight express delivery to the address of the party set forth above or as otherwise directed in writing by such party or as provided under applicable state law. Notice is deemed given three (3) days after being deposited in the U.S. Mail for certified mail delivery or one (1) day after being deposited with an overnight express delivery courier for delivery to the correct address.
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20. Compliance with Laws. Owner represents that Owner’s property (including, without limitation, the Site) and all improvements thereto, are in compliance with all building life/safety, disability and other laws, codes and regulations of any governmental or quasi-governmental authority. User agrees that, subject to Owner’s compliance with the terms of this paragraph, any improvements constructed by User on the Site and all of the operations of User within the Site shall be in compliance with all applicable laws, codes and regulations. 21. Marking and Lighting Requirements. Owner acknowledges that it, and not User, shall be responsible for compliance with all marking and lighting requirements of the Federal Aviation Administration (“FAA”) and the Federal Communications Commission (“FCC”). Owner shall indemnify and hold User harmless from any fines or liabilities caused by Owner’s failure to comply with such requirements. 22. Miscellaneous. a. User shall peaceably and quietly have, hold and enjoy the Site. Owner shall not cause or permit any use of its property of which the Site is a part thereof to interfere with or impair the quality of the communications services being rendered by User from the Site. The only remedy in the event of interference with User’s communications equipment or services by normal day-to-day water tower operations is termination of the Agreement. If an abnormal condition occurs, such as equipment malfunction, and said abnormality causes interference to User’s equipment, the Owner will work with User to resolve such abnormality within thirty (30) days of notification. b. Owner represents and warrants that Owner has full authority to enter into and sign this Agreement. c. The terms and conditions of this Agreement shall extend to and bind the heirs, personal representatives, successors and assigns of Owner and User. d. The prevailing party in any enforcement action to enforce the terms of this Agreement shall be entitled to receive its reasonable attorney’s fees and other reasonable enforcement costs and expenses from the non-prevailing party. e. Owner, upon receipt of the fully executed Agreement from User, may execute and deliver within two (2) business days to User for recording a Short Form of this Agreement in a form reasonably agreed to by the parties. f. This Agreement shall be construed pursuant to the laws of the State of Illinois. g. This Agreement may not be amended or modified unless the Owner and User consent in writing to the amendment or modification. h. There shall be no signage on the Site by User, other than reasonable signs for safety, federal and or state regulated, or emergency contact information. i. This Agreement contains all agreements, promises and understandings between Owner and User. All Exhibits are incorporated by reference.
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OWNER USER CORNBELT FIRE PROTECTION DISTRICT
VILLAGE OF MAHOMET, CHAMPAIGN COUNTY, ILLINOIS
By: _________________________________ Name: Thomas M. Pike Its Board President Date: ___________________________
By: _______________________________ Name: Sean Widener Its Village President Date: ___________________________
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EXHIBIT A ANTENNA SITE ACCESS PREMISES
LEGAL DESCRIPTION Lot 102 of Cornbelt Replat as recorded at the Champaign County Recorder’s Office as document 2016R12570.
RESOLUTION NO. 20-09-01
A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN CORNBELT FIRE PROTECTION DISTRICT AND THE VILLAGE OF MAHOMET,
CHAMPAIGN COUNTY, ILLINOIS (ANTENNA SITE ACCESS AGREEMENT)
VILLAGE OF MAHOMET, CHAMPAIGN COUNTY, ILLINOIS
WHEREAS, The Illinois Constitution, Art. VII, Section 10, and the Illinois Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq., encourage and permit intergovernmental cooperation between units of local government and the President and Board of Trustees find it is in the best interests of the public and promotes the general health, welfare and safety to enter into the intergovernmental agreement entitled “INTERGOVERNMENTAL AGREEMENT BETWEEN CORNBELT FIRE PROTECTION DISTRICT AND THE VILLAGE OF MAHOMET, CHAMPAIGN COUNTY, ILLINOIS (Antenna Site Access Agreement)” attached hereto; and
NOW, THEREFORE, BE IT RESOLVED this 22nd day of September 2020, by the Board of Trustees of the Village of Mahomet that:
1. That the intergovernmental agreement entitled “INTERGOVERNMENTAL AGREEMENT BETWEEN CORNBELT FIRE PROTECTION DISTRICT AND THE VILLAGE OF MAHOMET, CHAMPAIGN COUNTY, ILLINOIS (Antenna Site Access Agreement)” attached hereto be approved.
2. That the Village President is hereby authorized to execute the agreement insubstantially the same form as approved in Section 1 above.
____________________________ Sean M. Widener, President Board of Trustees Village of Mahomet
Attest:
____________________________ Village Clerk
MEMORANDUM
TO THE
BOARD OF TRUSTEES
ITEM: Ridge Creek Fifth Subdivision (Final Plat) DEPARTMENT: Community Development
AGENDA SECTION: Community Development AMOUNT: N/A
ATTACHMENTS: ( X ) Aerial Exhibit with zoning ( X ) Final Plat ( X ) Resolution
DATE: For Study Session September 15, 2020
INTRODUCTION: The developer, Unlimited Holdings LLC, has applied for and submitted all documentation through engineer, BKB Engineering, Inc., in accordance with the Subdivision Ordinance and requests consideration of the Final Plat. The PZC adopted a resolution on September 1, 2020 indicating a recommendation to approve the submitted final plat. The attached draft resolution reflects the recommendation by the PZC.
BACKGROUND: Ridge Creek 5th Subdivision is located north and west of the existing portion of Golden Rod Drive, just east of Ridge Creek 4th Subdivision. This plat includes all of the remaining undeveloped land within Ridge Creek Subdivision. The proposed final plat includes 11.287± acres.
The subdivision contains 31 total lots which consist of four (4) commons lots and 27 single-family lots. This subdivision phase includes roadway dedication for Prairie Rose Drive and Golden Rod Drive. The stormwater detention for this phase was constructed, accepted and is in warranty as part of Phase 4. A detention basin maintenance agreement for the basin was recorded on August 26, 2020 as document number 2020R17101 as required by ordinances.
The property is in the Village Corporate Limits. Public sanitary sewers and water mains are to be constructed, owned and operated by SVPWD. Final Plat approval is always subject to approval by SVPWD. SVPWD reports the developer is compliant with their ordinances and the proposed plat reserves the proper easements for their future operations and maintenance. SVPWD intends to accept the constructed infrastructure at its September 21 meeting.
The final plat has been submitted, reviewed, and modified, meets requirements of Ordinances, and is consistent with the approved construction plans.
DISCUSSION OF ALTERNATIVES: 1. Approve – The plat meets all requirements and is consistent with the approved construction plans.
PRIOR BOARD ACTION: • January 27, 2004 The BOT approved the Preliminary Plat for Ridge Creek Subdivision.• June 23, 2020 The BOT approved the Construction Plans for Ridge Creek Fifth Subdivision.
COMMUNITY INPUT: No public hearing is required for subdivision plat cases.
Board of Trustees - Memo for Study Session Ridge Creek 5th Subdivision - Final Plat
September 15, 2020 Page 2
STAFF IMPACT: The Community Development Department will process all building permits and perform stake out and occupancy inspections after the plat is recorded. SUMMARY: The BOT is asked to consider approval of the Final Plat for Ridge Creek Fifth Subdivision. A draft resolution is attached. RECOMMENDED ACTION: Village staff recommends approval of the Final Plat. The PZC reviewed the final plat at their September 1, 2020 meeting and sends a unanimous recommendation to the BOT to approve the plat. The attached resolution reflects the PZC recommendation. DEPARTMENT HEAD APPROVAL: /s/ Kelly Pfeifer, Village Planner
VILLAGE ADMINISTRATOR: /s/ Patrick Brown
Champaign County GIS ConsortiumThis map was prepared with geographic information system (GIS) data created by the Champaign County GIS Consortium (CCGISC), or other CCGISC member agency. These entities do not warrant orguarantee the accuracy or suitability of GIS data for any purpose. The GIS data within this map is intended to be used as a general index to spatial information and not intended for detailed, site-specific analysisor resolution of legal matters. Users assume all risk arising from the use or misuse of this map and information contained herein. The use of this map constitutes acknowledgement of this disclaimer.
Date: Wednesday, August 26, 2020
Ridge Creek 5th Sub - Final Plat
N190Feet
FINAL PLATRIDGE CREEK
FIFTH SUBDIVISIONAN ADDITION TO
THE VILLAGE OF MAHOMET,CHAMPAIGN COUNTY, ILLINOIS
PART OF S 1/2, SEC. 1,T. 20 N., R. 7 E., 3rd. P.M.
FOUND IRON PIPE NORTHEAST CORNER OF LOT 39 OF DEER HOLLOW SUBDIVISION PHASE IIIA & PHASE IIIB
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25' BUILDING SETBACK LINE
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15'
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RETURN TO: BKB ENGINEERING, INC. 301 N. NEIL ST., SUITE 400 CHAMPAIGN, IL 61820 (217) 531-2971 OFFICE (217) 531-2211 FAX
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OWNER / SUBDIVIDER: UNLIMITED HOLDING, LLC-LAND 799 CR 3200 NORTH FISHER, IL 61843 (217) 897-1000
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ENGINEER/SURVEYOR: BKB ENGINEERING, INC. 301 N. NEIL ST., SUITE 400 CHAMPAIGN, IL 61820 (217) 531-2971 OFFICE (217) 531-2211 FAX PROFESSIONAL DESIGN FIRM NO. 184.005483
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PRESENTED FOR RECORDING BY: VILLAGE OF MAHOMET 503 E. MAIN ST. MAHOMET, IL 61853 (217) 586-4456
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S 27%%D25'15" E - 210.85'
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(S 0%%D08'59" E - 223.81')
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(N 89%%D26'54" E - 532.83')
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S 44%%D20'48" E
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N 00%%D45'14" W 595.41'
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(19.00')
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(245.47')
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(268.36')
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S 41°14'36" W
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80.44')
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136.04'
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136.04'
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S51° 11' 47"W
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73.26'
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66.76'
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L8
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FOUND IRON PIN NORTHEAST CORNER OF EAST 1/2, SOUTHEAST 1/4, SOUTHWEST 1/4, SECTION 1
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S 89%%D26'54" W
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125.73'
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LINE TABLE
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FLOODPLAIN BOUNDARY
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(N 00%%D45'14" W 5.51')
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S27° 25' 15"E
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5.51'
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S27° 25' 15"E
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20.08'
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25' BUILDING SETBACK LINE
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S27° 25' 15"E
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48.84'
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S27° 25' 15"E
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36.75'
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N48° 59' 40"E
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41.85'
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S30° 26' 07"E
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16.27'
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408
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OUTLOT
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408
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407
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405
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403
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401
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FOUND IRON PIPE W/ MSA CAP NORTHEAST CORNER SOUTH ONE-HALF, SOUTHEAST QUARTER, SECTION 1
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NORTH LINE OF SOUTH ONE-HALF, SOUTHEAST QUARTER, SECTION 1
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235.94'
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20'
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(S 27%%D25'15" E - 210.85')
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S72° 31' 54"W
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58.00'
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N 89%%D26'54" E - 532.83'
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(S13° 21' 57"E
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N50° 37' 11"E
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224.68'
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(N50° 37' 11"E
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224.75')
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N70° 16' 11"E
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5.00'
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N70° 16' 11"E
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147.25'
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(N70° 13' 46"E
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146.96')
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N46° 24' 18"E
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84.14'
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(N46° 24' 18"E
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84.14')
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S30° 26' 07"E
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186.18'
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(S30° 26' 07"E
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186.18')
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N16° 50' 42"W
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539.20'
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RIDGE
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CREEK
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FOURTH
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SUBDIVISION
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DOC # 2016R01827
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S89° 27' 32"W
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2643.13'
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15'
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54.88'
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30.01'
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10.65'
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TRACT NO. 1
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SEE DETAIL A
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20'
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20'
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EXISTING LOT LINE TO BE
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VACATED BY THIS PLAT
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ZONE A FLOOD ZONE PER FEDERAL EMERGENCY MANAGEMENT AGENCY (PANEL NO. 17019C0280D, DATED 10/2/13)
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(N46° 24' 18"E
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140.00')
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(N59° 16' 51"E
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60.00')
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(N56° 30' 13"E
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180.00')
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POINT OF BEGINNING
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93.34'
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(N4° 00' 34"W
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12.78')
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513
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FINAL PLATRIDGE CREEK
FIFTH SUBDIVISIONAN ADDITION TO
THE VILLAGE OF MAHOMET,CHAMPAIGN COUNTY, ILLINOIS
PART OF S 1/2, SEC. 1,T. 20 N., R. 7 E., 3rd. P.M.
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LICENSE EXPIRES
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STATE OF ILLINOIS ) ) S.S. COUNTY OF CHAMPAIGN ) I, BRYAN K. BRADSHAW, ILLINOIS PROFESSIONAL LAND SURVEYOR NUMBER 3738 DO HEREBY CERTIFY THAT AT THE REQUEST OF UNLIMITED HOLDING, LLC-LAND, I HAVE SURVEYED AND SUBDIVIDED THE HEREINAFTER DESCRIBED TRACT OF LAND INTO UNLIMITED HOLDING, LLC-LAND, I HAVE SURVEYED AND SUBDIVIDED THE HEREINAFTER DESCRIBED TRACT OF LAND INTO , I HAVE SURVEYED AND SUBDIVIDED THE HEREINAFTER DESCRIBED TRACT OF LAND INTO LOTS AS SHOWN ON THE ATTACHED PLAT. SAID PLAT IS A TRUE REPRESENTATION OF SAID SUBDIVISION, WHICH IS HEREINAFTER TO BE KNOWN AS "RIDGE CREEK FIFTH SUBDIVISION". THE SCALE ON THE PLAT IS AS INDICATED. ALL DISTANCES MARKED ON THE PLAT ARE IN FEET AND DECIMAL PARTS OF FEET. SUBDIVISION AND LOT CORNERS HAVE BEEN MONUMENTED AS SHOWN ON ATTACHED PLAT. I FURTHER CERTIFY THIS PROFESSIONAL SERVICE CONFORMS TO THE CURRENT ILLINOIS MINIMUM STANDARDS FOR A BOUNDARY SURVEY. THE PROPERTY TO BE SUBDIVIDED AND PLATTED IS DESCRIBED AS FOLLOWS: A TRACT OF LAND BEING PART OF THE SOUTH ONE-HALF OF SECTION 1, TOWNSHIP 20 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, CHAMPAIGN COUNTY, ILLINOIS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 418 OF RIDGE CREEK FOURTH SUBDIVISION AS RECORDED AS DOCUMENT #2018R20800 IN THE RECORDS OF CHAMPAIGN COUNTY, ILLINOIS RECORDER'S OFFICE BEING A POINT ON THE NORTH LINE OF THE EAST ONE-HALF, SOUTHEAST QUARTER, SOUTHWEST QUARTER OF SAID SECTION 1; THENCE S 0°08'59" E ALONG THE EASTERLY LINE OF SAID LOT 418 FOR A DISTANCE OF 223.81 FEET; THENCE S 27°25'15" E CONTINUING ALONG SAID EASTERLY LINE OF LOT 418 FOR A DISTANCE OF 210.85 FEET TO THE SOUTHEASTERLY CORNER OF SAID LOT 418; THENCE S 41°14'36" W ALONG THE SOUTHERLY LINE OF SAID LOT 418, FOR A DISTANCE OF 80.44 FEET; THENCE S 44°20'48" E CONTINUING ALONG SAID SOUTHERLY LINE OF LOT 418, FOR A DISTANCE OF 136.04 FEET; THENCE CONTINUING ALONG SAID SOUTHERLY LINE OF LOT 418, ALONG A NON-TANGENTIAL CURVE TO THE RIGHT, HAVING A RADIUS OF 670.00 FEET, A CHORD LENGTH OF 30.00 FEET, A CHORD BEARING OF S 45°39'12” W FOR AN ARC LENGTH OF 30.00 FEET; THENCE N W FOR AN ARC LENGTH OF 30.00 FEET; THENCE N 44°20'48" W CONTINUING ALONG SAID SOUTHERLY LINE OF LOT 418, FOR A DISTANCE OF 136.04 FEET; THENCE S 51°11'47" W CONTINUING ALONG SAID SOUTHERLY LINE OF LOT 418, FOR A DISTANCE OF 73.26 FEET; THENCE S 58°42'50" W CONTINUING ALONG SAID SOUTHERLY LINE OF LOT 418, FOR A DISTANCE OF 66.76 FEET; THENCE S 65°52'25" W CONTINUING ALONG SAID SOUTHERLY LINE OF LOT 418, FOR A DISTANCE OF 66.60 FEET; THENCE S 72°31'54" W CONTINUING ALONG SAID SOUTHERLY LINE OF LOT 418, FOR A DISTANCE OF 58.00 FEET TO A POINT ON THE EASTERLY LINE OF SAID RIDGE CREEK FOURTH SUBDIVISION; THENCE S 03°32'04" E ALONG THE EASTERLY LINE OF SAID RIDGE CREEK FOURTH SUBDIVISION FOR A DISTANCE OF 52.39 FEET; THENCE S 13° 21' 57" E CONTINUING ALONG SAID EASTERLY LINE OF RIDGE CREEK FOURTH SUBDIVISION FOR A DISTANCE OF 84.43 FEET; THENCE CONTINUING ALONG SAID EASTERLY LINE OF RIDGE CREEK FOURTH SUBDIVISION, ALONG A NON-TANGENTIAL CURVE TO THE RIGHT, HAVING A RADIUS OF 670.00 FEET, A CHORD LENGTH OF 59.78 FEET, A CHORD BEARING OF S 79°11'29” W FOR AN ARC LENGTH OF 59.80 FEET; THENCE S 8°15'06" E CONTINUING W FOR AN ARC LENGTH OF 59.80 FEET; THENCE S 8°15'06" E CONTINUING ALONG SAID EASTERLY LINE OF RIDGE CREEK FOURTH SUBDIVISION FOR A DISTANCE OF 178.63 FEET TO A POINT ON THE NORTHERLY LINE OF RIDGE CREEK THIRD SUBDIVISION AS RECORDED AS DOCUMENT #2016R01827 IN THE RECORDS OF CHAMPAIGN COUNTY, ILLINOIS RECORDER'S OFFICE; THENCE N 72°45'16" E ALONG SAID NORTHERLY LINE OF RIDGE CREEK THIRD SUBDIVISION, FOR A DISTANCE OF 189.28 FEET TO THE NORTHWEST CORNER OUTLOT 43 OF RIDGE CREEK SECOND SUBDIVISION AS RECORDED AS DOCUMENT #2004R31099 IN THE RECORDS OF CHAMPAIGN COUNTY, ILLINOIS RECORDER'S OFFICE; THENCE N 70° 16' 11" E ALONG THE NORTHERLY LINE OF SAID OUTLOT 43, FOR A DISTANCE OF 147.25 FEET; THENCE N 50° 37' 11" E CONTINUING ALONG SAID NORTHERLY LINE OF OUTLOT 43, FOR A DISTANCE OF 102.34 FEET; THENCE N 41°23' 45" W CONTINUING ALONG SAID NORTHERLY LINE OF OUTLOT 43 FOR A DISTANCE OF 118.26 FEET; THENCE CONTINUING ALONG SAID NORTHERLY LINE OF OUTLOT 43 NORTHEASTERLY ALONG THE ARC OF A CIRCULAR CURVE TO THE LEFT HAVING A RADIUS OF 825.00 FEET, A CHORD LENGTH OF 30.23 FEET, A CHORD BEARING OF N 55°44' 53" E, FOR AN ARC LENGTH OF 30.24 FEET; THENCE S 41°23'45” E CONTINUING ALONG SAID NORTHERLY LINE OF OUTLOT 43 FOR A E CONTINUING ALONG SAID NORTHERLY LINE OF OUTLOT 43 FOR A DISTANCE OF 115.55 FEET; THENCE N 50° 37' 11" E CONTINUING ALONG SAID NORTHERLY LINE OF OUTLOT 43, FOR A DISTANCE OF 92.33 FEET; THENCE N 46° 24' 18" E CONTINUING ALONG SAID NORTHERLY LINE OF OUTLOT 43, FOR A DISTANCE OF 84.14 FEET TO THE NORTHEAST CORNER OF SAID OUTLOT 43; THENCE S 30° 26' 07" E ALONG THE EASTERLY LINE OF SAID OUTLOT 43, FOR A DISTANCE OF 186.18 FEET TO A POINT ON THE NORTHERLY LINE OF SAID RIDGE CREEK SECOND SUBDIVISION; THENCE S 46° 24' 18" W ALONG SAID NORTHERLY LINE OF RIDGE CREEK SECOND SUBDIVISION, FOR A DISTANCE OF 140.00 FEET; THENCE CONTINUING ALONG SAID EASTERLY LINE OF RIDGE CREEK FOURTH SUBDIVISION, ALONG A NON-TANGENTIAL CURVE TO THE LEFT, HAVING A RADIUS OF 715.00 FEET, A CHORD LENGTH OF 50.15 FEET, A CHORD BEARING OF N 28°42'28” W FOR AN ARC LENGTH OF 50.16 FEET; THENCE S 59° 16' 56" W CONTINUING ALONG SAID W FOR AN ARC LENGTH OF 50.16 FEET; THENCE S 59° 16' 56" W CONTINUING ALONG SAID NORTHERLY LINE OF RIDGE CREEK SECOND SUBDIVISION, FOR A DISTANCE OF 60.00 FEET; THENCE S 56° 30' 13" W CONTINUING ALONG SAID NORTHERLY LINE OF RIDGE CREEK SECOND SUBDIVISION, FOR A DISTANCE OF 180.00 FEET; THENCE N 4° 00' 34" W CONTINUING ALONG SAID NORTHERLY LINE OF RIDGE CREEK SECOND SUBDIVISION, FOR A DISTANCE OF 12.78 FEET TO THE NORTHWEST CORNER OF LOT 28 OF SAID RIDGE CREEK SECOND SUBDIVISION; THENCE S 89° 30' 17" W, FOR A DISTANCE OF 54.51 FEET; THENCE N 16° 50' 42" W, FOR A DISTANCE OF 539.20 FEET TO A POINT ON THE NORTH LINE OF THE SOUTH ONE-HALF, SOUTHEAST QUARTER OF SAID SECTION 1; THENCE S 89°27'32” W ALONG SAID NORTH LINE OF THE W ALONG SAID NORTH LINE OF THE SOUTH ONE-HALF, SOUTHEAST QUARTER OF SECTION 1, A DISTANCE OF 372.58 FEET, TO THE NORTHEAST CORNER OF THE EAST ONE-HALF, SOUTHEAST QUARTER, SOUTHWEST QUARTER OF SECTION 1;THENCE S 89°26'54” W, ALONG SAID NORTH LINE W, ALONG SAID NORTH LINE OF THE EAST ONE-HALF, SOUTHEAST QUARTER, SOUTHWEST QUARTER OF SECTION 1, FOR A DISTANCE OF 125.73 FEET TO THE POINT OF BEGINNING, CONTAINING 11.206 ACRES MORE OR LESS. AND (TRACT 1) A PART OF OUTLOT 43 OF RIDGE CREEK SECOND SUBDIVISION, AS PER PLAT RECORDED SEPTEMBER 28, 2004 AS DOCUMENT NUMBER 2004R31099, IN CHAMPAIGN COUNTY, ILLINOIS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID OUTLOT 43 OF RIDGE CREEK SECOND SUBDIVISION; THENCE N 70° 16' 11" E ALONG THE NORTHERLY LINE OF SAID OUTLOT 43, FOR A DISTANCE OF 147.25 FEET; THENCE N 50° 37' 11" E CONTINUING ALONG SAID NORTHERLY LINE OF OUTLOT 43, FOR A DISTANCE OF 102.34 FEET TO THE POINT OF BEGINNING; THENCE N 41°23' 45" W CONTINUING ALONG SAID NORTHERLY LINE OF OUTLOT 43 FOR A DISTANCE OF 118.26 FEET; THENCE CONTINUING ALONG SAID NORTHERLY LINE OF OUTLOT 43 NORTHEASTERLY ALONG THE ARC OF A CIRCULAR CURVE TO THE LEFT HAVING A RADIUS OF 825.00 FEET, A CHORD LENGTH OF 30.23 FEET, A CHORD BEARING OF N 55°44' 53" E, FOR AN ARC LENGTH OF 30.24 FEET; THENCE S 41°23'45” E CONTINUING ALONG SAID NORTHERLY LINE OF OUTLOT 43 FOR A E CONTINUING ALONG SAID NORTHERLY LINE OF OUTLOT 43 FOR A DISTANCE OF 115.55 FEET; THENCE S 50° 37' 11" W, FOR A DISTANCE OF 30.01 FEET TO THE POINT OF BEGINNING, CONTAINING 0.081 ACRES, MORE OR LESS. SIGNED AND SEALED THIS DAY OF , 2020 BRYAN K. BRADSHAW ILLINOIS PROFESSIONAL LAND SURVEYOR NUMBER 3738
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OF MAHOMET, ILLINOIS,
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THIS DAY OF , 2020.
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RECOMMENDATION FOR (APPROVAL) (DISAPPROVAL) BY THE PLAN & ZONING COMMISSION
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THE FINAL PLAT ENTITLED "RIDGE CREEK FIFTH SUBDIVISION" HAS RECEIVED A
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CHAIRPERSON
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%%UFINAL PLAT APPROVAL
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THE FINAL PLAT ENTITLED "RIDGE CREEK FIFTH SUBDIVISION" HAS RECEIVED APPROVAL
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BY THE BOARD OF TRUSTEES OF THE VILLAGE OF MAHOMET, ILLINOIS. THIS PLAT SHALL BE
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RECORDED WITH THE RECORDER OF DEEDS, CHAMPAIGN COUNTY, ILLINOIS WITHIN ONE (1)
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YEAR OF THIS DATE, OR OTHERWISE THIS PLAT SHALL BECOME VOID.
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PRESIDENT, BOARD OF TRUSTEES
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VILLAGE CLERK
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DATE
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DATE
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NOTES: 1. ALL BEARINGS ARE BASED ON THE EAST LINE OF RIDGE CREEK FOURTH SUBDIVISION. 2. FRONT YARD, REAR YARD AND SIDE YARD SETBACKS FOR ALL LOTS WITHIN ALL ZONING DISTRICTS SHALL BE IN ACCORDANCE WITH THE VILLAGE OF MAHOMET, ILLINOIS ZONING ORDINANCE. 4. THE SUBDIVISION IS LOCATED WITHIN THE CORPORATE LIMITS OF THE VILLAGE OF MAHOMET, ILLINOIS. 5. THE PROPERTY COVERED BY THIS SUBDIVISION IS LOCATED WITHIN THE FLOOD HAZARD AREA ZONE X (AREAS DETERMINED TO BE OUTSIDE THE 0.2% ANNUAL CHANCE FLOODPLAIN), AS DETERMINED BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY (PANEL NO. 17019C0280D, DATED 10/2/13) EXCEPT AS NOTED. 6. A PART OF THE AREA COVERED BY THIS PLAT IS SITUATED WITHIN 500 FEET OF A WATERCOURSE SERVING A TRIBUTARY AREA OF 640 ACRES OR MORE. 7. NO INDEPENDENT SEARCH OF EASEMENT WAS PERFORMED. 8. FIELDWORK FOR THIS SUBDIVISION WAS PERFORMED IN FEBRUARY 2020.
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11/30/20
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501
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502
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503
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504
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505
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506 COMMONS
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507
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508
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509
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510 COMMONS
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511
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512
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10,034
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10,011
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10,030
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10,654
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10,373
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3,539
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10,774
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10,520
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12,779
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10,471
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12,111
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513
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514
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515
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516
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517 COMMONS
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518
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519
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520
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521
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522
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523 COMMONS
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16,882
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22,614
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22,050
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3,136
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21,349
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23,509
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32,286
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20,479
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24,245
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LOT
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AREA (SF)
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1,529
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524
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525
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526
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527
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528
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529
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13,560
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11,858
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14,673
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11,797
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11,563
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10,289
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530
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531
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10,265
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10,066
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2,069
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14,041
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GRAPHIC SCALE IN FEET
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90
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60
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30
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0
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504
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505
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506
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COMMONS
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PRAIRIE ROSE
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DRIVE
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TRACT NO. 1
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DETAIL A
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507
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S 41%%D23'45" E - 115.55'
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N 41%%D23'45" W - 118.26'
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Curve Table
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Curve #
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C1
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C2
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C4
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C5
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C6
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C7
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C8
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C9
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C10
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C11
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C12
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C13
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C14
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C15
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C16
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C17
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C18
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C19
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C20
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Length
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59.80
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84.02
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83.62
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83.82
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95.82
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30.00
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50.14
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42.49
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118.80
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97.32
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43.30
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21.08
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10.05
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53.33
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53.33
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53.33
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91.62
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121.03
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10.00
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35.25
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Radius
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670.00
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670.00
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670.00
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670.00
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670.00
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670.00
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670.00
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2030.00
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2030.00
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430.00
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430.00
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60.00
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60.00
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60.00
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60.00
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60.00
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60.00
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370.00
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370.00
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370.00
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Delta
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5.11
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7.19
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7.15
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7.17
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8.19
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2.57
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4.29
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1.20
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3.35
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12.97
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5.77
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20.13
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9.59
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50.93
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50.93
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50.93
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87.49
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18.74
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1.55
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5.46
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Chord Direction
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S79° 11' 29"W
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N73° 02' 30"E
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N65° 52' 25"E
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N58° 42' 50"E
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N51° 01' 59"E
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N45° 39' 12"E
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N42° 13' 35"E
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S40° 40' 56"W
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S42° 57' 30"W
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S39° 40' 25"E
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S30° 18' 19"E
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S17° 21' 13"E
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S2° 29' 22"E
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S27° 46' 15"W
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S78° 41' 50"W
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N50° 22' 35"W
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N18° 49' 58"E
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S36° 47' 31"E
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S46° 56' 14"E
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S50° 26' 28"E
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Chord Length
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59.78
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83.97
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83.57
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83.77
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95.73
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30.00
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50.13
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42.49
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118.78
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97.11
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43.28
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20.98
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10.04
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51.59
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51.59
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51.59
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82.98
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120.49
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10.00
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35.24
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Curve Table
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Curve #
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C21
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C22
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C23
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C24
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C25
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C26
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C27
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C28
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C29
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C30
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C31
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C32
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C33
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C34
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C35
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C36
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C37
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C38
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C39
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Length
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49.49
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84.74
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84.74
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84.74
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50.19
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24.90
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87.48
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16.00
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144.19
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91.99
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69.46
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10.53
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80.04
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30.00
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80.05
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80.04
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82.04
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85.67
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82.49
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Radius
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775.00
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775.00
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775.00
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775.00
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715.00
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715.00
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715.00
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715.00
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715.00
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1970.00
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1970.00
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730.00
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730.00
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730.00
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730.00
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730.00
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730.00
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730.00
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730.00
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Delta
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3.66
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6.26
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6.26
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6.26
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4.02
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2.00
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7.01
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1.28
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11.55
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2.68
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2.02
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0.83
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6.28
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2.35
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6.28
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6.28
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6.44
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6.72
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6.47
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N51° 20' 29"W
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N46° 22' 47"W
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N40° 06' 54"W
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N33° 51' 01"W
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N28° 42' 29"W
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N31° 42' 55"W
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N36° 13' 05"W
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N40° 21' 52"W
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N46° 46' 59"W
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S43° 26' 26"W
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S41° 05' 34"W
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N40° 29' 45"E
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N44° 03' 01"E
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N48° 22' 07"E
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N52° 41' 15"E
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N58° 58' 11"E
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N65° 19' 49"E
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N71° 54' 43"E
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N78° 30' 40"E
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Chord Length
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49.48
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84.70
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84.70
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84.70
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50.18
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24.90
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87.43
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16.00
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143.95
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91.99
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69.46
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10.53
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80.00
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30.00
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80.01
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80.00
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82.00
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85.62
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82.45
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SHEET 2 OF 2
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THE EXISTING UTILITY AND DRAINAGE EASEMENT WITHIN THE LIMITS OF TRACT NO. 1 SHALL BE VACATED WITH THE RECORDING OF THIS PLAT.
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(50.19)
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(715.00)
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(N28° 42' 29"W)
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(50.18)
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N50° 37' 11"E
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102.34'
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N70° 16' 11"E
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147.25'
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N50° 37' 11"E
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92.33'
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503
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OUTLOT 43
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POINT OF COMMENCEMENT NW CORNER OUTLOT 43
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S 50°37'11" W30.01'
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POINT OF BEGINNING - TRACT NO. 1
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C40
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C40
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30.24
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825.00
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N55° 44' 53"E
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30.23
20-09-02
A RESOLUTION FOR THE BOARD OF TRUSTEES CONCERNING THE FINAL PLAT FOR
RIDGE CREEK FIFTH SUBDIVISION
WHEREAS, the Board of Trustees of the Village of Mahomet, pursuant to the authority conferred by the Statutes of the State of Illinois, has established certain standards and procedures for review and approval of subdivisions within the Corporate Limits of the Village of Mahomet, Illinois and within one and one-half miles thereof; and,
WHEREAS, the developer of the proposed Ridge Creek Fifth Subdivision submitted certain documents, including final plat and supporting documents, for review and approval by the Village of Mahomet; and,
WHEREAS, a Preliminary Plat for this phase of Ridge Creek Fifth Subdivision was approved by the Village of Mahomet Board of Trustees; and
WHEREAS, the Construction Plans for Ridge Creek Fifth Subdivision were approved by the Village of Mahomet Board of Trustees on June 23, 2020; and
WHEREAS, Village staff and Village Attorney reviewed the Final Plat and supporting technical documents for proposed Ridge Creek Fifth Subdivision and found that subject to minor modifications, the documents are satisfactory and in a form that complies with the Subdivision Ordinance requirements, and made recommendations concerning approval of said Plan; and,
WHEREAS, the Village Attorney reviewed the Owner’s Certificate, County Clerk’s Tax Certificate, and other legal documents for Ridge Creek Fifth Subdivision and found that subject to minor modifications, they comply with the Subdivision Ordinance requirements; and,
WHEREAS, the developer submitted all required documents per Ordinance; and,
WHEREAS, the Board of Trustees met and reviewed the Final Plat, the various subsidiary documents submitted, and found that they are with minor modifications, generally satisfactory and in the prescribed form.
BE IT THEREFORE RESOLVED this 22nd day of September, 2020, by the Board of Trustees of the Village of Mahomet, that:
A. The Board of Trustees does hereby APPROVE the Final Plat for the Ridge Creek Fifth Subdivision upon completion of modifications identified by the Village staff and does hereby authorize the President to sign the Certificate of Approval of said plat set upon completion of said modifications.
B. The approval of the Final Plat above is subject to the following conditions:
1) Submission of all supporting documentation in proper form.
2) Revision of the Final Plat and required legal documents to incorporate the Village Staff technical reviewcomments.
C. The approval of the Final Plat above is further subject to the review and approval by other relevant agencies and utility service providers.
Resolution for Board of Trustees Ridge Creek 5th Subdivision – Final Plat
September 22, 2020 Page 2 of 2
D. In the event that the modifications to the Final Plat are not completed, the outside agency reviews are not completed, all supporting documents are not submitted in final form, or the conditions set forth above are not met within one-hundred twenty (120) days from the date of approval by the Board of Trustees, the approvals herein shall be null and void.
PASSED this 22nd day of September, 2020 by the Board of Trustees of the Village of Mahomet, Illinois. APPROVED:
President, Board of Trustees Date ATTESTED:
Village Clerk Date
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INTERGOVERNMENTAL AGREEMENT
(Conway Farm Subdivision and Related Matters)
This Intergovernmental Agreement is dated as of the effective date set forth in Section 9.p of
this Agreement, and is by and between the VILLAGE OF MAHOMET, CHAMPAIGN COUNTY,
ILLINOIS, an Illinois municipal corporation (“Village”), and MAHOMET-SEYMOUR
COMMUNITY UNIT SCHOOL DISTRICT NO. 3, CHAMPAIGN COUNTY, ILLINOIS, an Illinois
public school district (“District”).
WHEREAS, the Village and the District previously entered into an Intergovernmental
Agreement dated February 28, 2011 (the “Original Intergovernmental Agreement”), that addressed
development issues related to the District owned property in Conway Farms Subdivision Phase 4
(“Property”) (generally described on attached Exhibit A with PINs 15-13-23-205-001; 15-13-23-205-
002 and 15-13-23-205-003) and related matters; and
WHEREAS, with the support of the District and other governmental entities, the East
Mahomet Tax Increment Area Redevelopment Project Plan was extended to December 31, 2036; and
WHEREAS, the Village is pursuing a railroad crossing and extension of South Mahomet Road
from south of the Norfolk Southern railroad tracks across and easterly to Prairieview Road, which will
bisect the Property. Attached as Exhibit B is a plat showing the general layout of South Mahomet
Road area with reference letters; and
WHEREAS, the South Mahomet Road extension project will provide better access to the
Property, relieve traffic burden from residentially developed streets, and will provide street and
sidewalk access to the Property’s western and southern portions once completed; and,
WHEREAS, the District and the Village wish to terminate the Original Intergovernmental
Agreement that governed the development of the Property, public infrastructure responsibilities, and
financial obligations and enter into a new intergovernmental agreement regarding development of the
Property; and,
WHEREAS, the District and the Village believe it prudent to not approve or commit to a land
use master plan at this time acknowledging that flexibility is mutually beneficial while agreeing that
the Property will be developed with educational buildings and supplemental facilities including
athletic fields, storage buildings, garages, playgrounds, parking lots, and private access and circulation
drives. All such buildings and uses are permitted under the Village’s Zoning Code if owned and
operated by the District for its educational purposes.
NOW, THEREFORE, the parties agree to the terms set forth below and further to the
completion of the actions set forth below in Sections 3-8 necessary to assure the completion of the
South Mahomet Road Extension Project within four years after the effective date of this Agreement, as
set forth in Section 9.p of this Agreement:
1. Definitions. The following terms are defined:
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a) EMISS – the interceptor sewer known as East Mahomet Interceptor Sanitary Sewer
which requires a $700/acre fee when land is developed.
b) SMRISS - South Mahomet Road Interceptor Sanitary Sewer – a supplement for EMISS
on the Property to be constructed along South Mahomet Road.
c) Project - South Mahomet Road Extension Project– the east-west roadway and related
pathways and public utilities bisecting the Property.
2. Termination of Prior Agreement. Effective upon execution of this Agreement, the
Original Intergovernmental Agreement is terminated in full and shall have no force or effect. Neither
party shall have any further responsibility arising out of the Original Intergovernmental Agreement.
3. South Mahomet Road Extension Project.
a) Easements for public utilities and drainage shall be provided by the District on the
Property as required for public infrastructure construction, ownership, and
maintenance. The District shall dedicate easements or right of way on the Property for
the construction of public water main, sanitary sewer, including interceptor sewer,
roadway, sidewalk, and a bike path to enable a continuous network of public
infrastructure through the Property to privately held adjacent properties and beyond.
b) The District shall apply for a replat subdivision to facilitate the dedications of public
easements and rights of way that are necessary to facilitate the Project; initiate the
negotiation of development agreements with adjacent landowners, if necessary; and,
comply with Village subdivision and development ordinances to the extent required by
State law.
4. Sanitary Sewer.
a) The Property is subject to the EMISS assessment of $700 per acre fee for sanitary
sewer, which the Village shall pay using available TIF funds.
b) The Village shall construct all sanitary sewer mains that are necessary to fulfill the
obligations of a developer for service to properties adjacent to the Property per Village
ordinances.
c) The District shall be responsible for the construction of a public sanitary sewer located
on the Property as necessary to develop the Property.
5. Water Mains.
a) The Village shall construct a water main along South Mahomet Road and Churchill Road.
3
b) The District shall be responsible for the construction of any public or private water
mains and lines located on the Property as necessary to develop the Property.
6. Stormwater Drainage and Detention.
a) The Property includes two watersheds. Land north of future South Mahomet Road shall
be directed to the Conway Farms Lake. Land south of South Mahomet Road shall
generally be directed southerly to an outlot at the south and southeast portion of the
Property that was and shall be dedicated by the District as a general utility and drainage
easement in its entirety.
b) The Village shall permit onsite interim stormwater detention compliance with
temporary facilities on the Property. For such consideration, the District shall enable
the outlot on the Property to fulfill some or all of the permanent stormwater detention
requirements for upstream adjacent lands provided that the construction and
maintenance costs for any benefitting party will be proportionally secured for the
District via a recorded instrument such as recapture agreements between the District
and the Village, which shall be executed by both parties prior to the District being
required to take on any such construction and maintenance costs..
c) Unless a third party is responsible, the Village shall be responsible for building storm
sewers, sanitary sewers, and water mains along South Mahomet Road and the portion
of Churchill Road that is part of the Project.
d) Unless a third party is responsible, the District shall be responsible for building storm
sewers, sanitary sewers, and water mains on the Property.
7. Roadway Network.
a) Country Ridge Drive
The Village shall vacate Country Ridge Drive as dedicated by Conway Farms
Subdivision Phase 4 in the Owner’s Certificate and Dedication recorded with the
Champaign County Recorder on March 30, 2011 as Document No. 2011R06630. The
Village shall approve the vacation of utility easements adjacent to said right of way
provided all benefitting utilities are supportive of said vacation.
b) Secretariat Drive
i. Secretariat Drive shall not be constructed by the District or the Village.
ii. The Village shall vacate the 60 foot width of right of way for Secretariat Drive
as dedicated by Conway Farms Subdivision Phase 4 and endeavor to vacate the
public utility easement adjacent thereto provided all benefitting utilities are
supportive of said vacation. In exchange, the District shall grant an easement to
the Village exclusively of 85 feet in width along its southern property line for a
sanitary interceptor sewer supplemented by an additional 15 feet of public
general drainage and utility easement for a total easement width of 100 feet
along the railroad tracks.
4
c) Churchill Road
i. Churchill Road shall not be constructed by the District. The right of way and
utility easements dedicated in Conway Farms Subdivision Phase 4 shall be
retained.
ii. The Village shall construct Churchill Road southerly from the existing
pavement to the southern boundary of Purnell First Subdivision. The Village
retains the right of way for the remainder of Churchill Road for the benefit of
public access to the drainage outlot and for public access for the future
subdivision and development of Clapper Second Subdivision. However, the
Village will not be financially responsible for the construction of any roadway
within said right of way.
iii. The Village acknowledges that while not currently permitted by Village Code,
the Village shall take all necessary actions to allow the District to construct a
private road within the Churchill Road right of way. The Village will only
assume the constructed street for public ownership and maintenance if
pavement is constructed to Village public street standards with the full required
width of right of way,
iv. Should the developer of the land east of the school (generally Parcel D on
Exhibit 2) desire to construct a public road in the dedicated right of way for
Churchill Road, the District shall not be required to financially participate in
said construction. Once dedicated to the public, the District would be permitted
to use said road for access to its land with no cost participation.
8. General Development Provisions. In addition to all other development requirements
as detailed in Village Ordinances, the parties agree:
a) The District shall hold a pre-development meeting with the Village prior to any civil or
site design work for any facility on the Property. The Village shall provide the District
with its documentation requirements and process requirements necessary to support the
expansion shortly thereafter.
b) The District shall submit all site civil and utility connection plans to the Village for a 60
day review period prior to bidding.
c) The District shall not be required by the Village to bond or provide surety for any
public infrastructure.
d) Any public infrastructure, which shall not include any District buildings, constructed by
the District shall be designed, constructed, tested and record drawings provided to the
Village in compliance with Village ordinances unless the Health and Life Safety Code
of the Illinois School Code applies to such infrastructure.
e) Any public infrastructure constructed by the District shall be located within properly
dedicated public utility easements.
5
f) The Village shall be as flexible as possible with approving driveway / private street
accesses from South Mahomet Road.
g) The Village shall approve and enforce no on-street parking along South Mahomet
Road.
h) Consistent with prior agreements, the Village shall provide to District a 50% credit
from the total amount otherwise due for all monthly water and sewer charges and fees
imposed by the Village until December 31, 2024.
i) The District shall provide to the Village certain as-built drawings and testing data for
the existing public and private storm sewer facilities, sanitary sewer and water mains
located on the Property.
9. Miscellaneous Provisions.
a) Recitals. The parties agree that the recitals contained above are true and constitute a
contractual part of this Agreement.
b) No Assignment. No party may assign any rights or duties under this Agreement without the
prior express written consent of the other party.
c) Successors. This Agreement shall be binding upon the successors of the parties’ respective
governing boards.
d) Relationship of the Parties; No Third-Party Beneficiaries. Nothing contained in or done
pursuant to this Agreement shall be construed as creating a partnership, agency, joint
employer, or joint venture relationship between the District and the Village. Notwithstanding
any provision herein to the contrary, this Agreement is entered into solely for the benefit of the
parties, and nothing in this Agreement is intended, either expressly or impliedly, to provide any
right or benefit of any kind whatsoever to any person or entity who is not a party to this
Agreement or to acknowledge, establish, or impose any legal duty to any third party. No claim
as a third-party beneficiary under this Agreement by any person, firm, or corporation shall be
made or be valid against the District or the Village.
e) Notices. All notices required or permitted to be given under this Agreement shall be in writing
and shall be delivered (1) personally, (2) by a reputable overnight courier, or (3) by certified
mail, return receipt requested, and deposited in the U.S. Mail, postage prepaid. Notices shall
be deemed received upon the earlier of (a) actual receipt, (b) one business day after deposit
with an overnight courier as evidenced by a receipt of deposit, or (c) three business days
following deposit in the U.S. mail, as evidenced by a return receipt. Notices and
communications to the parties shall be addressed to, and delivered at, the following addresses:
If to the School District, to:
Mahomet-Seymour Community Unit
School District No. 3
1301 S. Bulldog Drive
Mahomet, IL 61853
Attn: Superintendent
If to the Village, to:
Village of Mahomet
503 East Main Street
Mahomet, IL 61853
Attn: Village Administrator
6
f) Amendments. This Agreement may not be amended except by means of a written document
signed by an authorized representative of both of the parties.
g) Compliance with Law. The parties shall comply with all applicable local, county, State, and
federal laws and regulations that are in effect upon execution of this Agreement.
h) Authority to Execute. The parties warrant and represent that the persons executing this
Agreement on their behalf have been properly authorized to do so.
i) Calendar Days and Time. Unless otherwise provided in this Agreement, any reference in this
Agreement to “day” or “days” shall mean calendar days and not business days. If the date for
giving of any notice required to be given, or the performance of any obligation, under this
Agreement falls on a Saturday, Sunday, federal, State, or District holiday, then the notice or
obligation may be given or performed on the next business day after that Saturday, Sunday,
federal, State, or District holiday. For purposes of this Agreement, the District’s summer break
shall not constitute a “District holiday.”
j) Governing Law. This Agreement shall be governed and construed in accordance with the laws
of the State of Illinois. Jurisdiction and venue for all disputes hereunder shall be the Circuit
Court or federal district court located in Champaign County, Illinois.
k) No Waiver. The failure of either Party to insist upon the performance of any of its terms and
conditions, or the waiver of any breach of any of the terms and conditions of this Agreement,
shall not be construed as thereafter waiving any such terms and conditions, but they shall
continue and remain in full force and effect as if no forbearance or waiver had occurred.
l) Provisions Severable. If any term, covenant, condition, or provision of this Agreement is held
by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the
provisions shall remain in full force and effect and shall in no way be affected, impaired, or
invalidated.
m) Exhibits. Exhibits A & B are incorporated into and made part of this Agreement.
n) Captions. The captions at the beginning of the several paragraphs, respectively, are for
convenience in locating the contents, but are not part of the context.
o) Counterparts. This Agreement may be executed in any number of counterparts, each of which
shall constitute an original, but altogether shall constitute one and the same Agreement.
p) Effective Date. This Agreement shall be deemed dated and become effective on the date the
last of the parties signs as set forth below the signature of their duly authorized representatives.
q) Enforcement. This Agreement may be enforced by either party in a court of law or equity.
r) Recording. This Agreement shall constitute a covenant running with the land and may be
recorded by the Village.
7
VILLAGE OF MAHOMET, CHAMPAIGN, COUNTY, ILLINOIS
An Illinois municipal corporation
By: ______________________________
President of the Board of Trustees
Attest:
Village Clerk
Dated:______________________________
COMMUNITY UNIT SCHOOL DISTRICT NO. 3, CHAMPAIGN COUNTY, ILLINOIS
An Illinois Public School District
By: ______________________________
President
Attest: ______________________________
Secretary
Dated:_______________________________
8
Exhibit A
District Owned Property
Exhibit B
South Mahomet Road general layout
RESOLUTION NO. 20-09-03
A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE VILLAGE OF MAHOMET, ILLINOIS AND MAHOMET - SEYMOUR CUSD
#3 FOR CONWAY FARMS SUBDIVISION AND RELATED MATTERS
VILLAGE OF MAHOMET, CHAMPAIGN COUNTY, ILLINOIS
WHEREAS, The Illinois Constitution, Art. VII, Section 10, and the Illinois IntergovernmentalCooperation Act, 5 ILCS 220/1 et seq., encourage and permitintergovernmental cooperation between units of local government and the President and Board of Trustees find it is in the best interests of the public and promotes the general health, welfare and safety to enter into the intergovernmental agreement entitled “CONWAY FARMS SUBDIVISION AND RELATED MATTERS” by and between the VILLAGE OF MAHOMET, ILLINOIS and MAHOMET-SEYMOUR CUSD #3” attached hereto; and
NOW, THEREFORE, BE IT RESOLVED this 22nd day of September 2020, by the Board ofTrustees of the Village of Mahomet that:
1. That the intergovernmental agreement entitled “CONWAY FARMS SUBDIVISIONAND RELATED MATTERS” by and between the VILLAGE OF MAHOMET, ILLINOISand MAHOMET-SEYMOUR CUSD #3” attached hereto be approved.
2. That the Village President is hereby authorized to execute the agreement insubstantially the same form as approved in Section 1 above.
____________________________ Sean M. Widener, President Board of Trustees Village of Mahomet
Attest:
____________________________ Village Clerk
1
INTERGOVERNMENTAL AGREEMENT
(13 Acres Park)
This Intergovernmental Agreement is dated as of the effective date set forth in Section 3.p of
this Agreement (the “Effective Date”), by and between the VILLAGE OF MAHOMET,
CHAMPAIGN COUNTY, ILLINOIS, an Illinois municipal corporation (“Village”), and the BOARD
OF EDUCATION OF MAHOMET-SEYMOUR COMMUNITY UNIT SCHOOL DISTRICT NO. 3,
CHAMPAIGN COUNTY, ILLINOIS, an Illinois public school district (“District”).
WHEREAS, The Illinois Constitution, Art. VII, Section 10, and the Illinois Intergovernmental
Cooperation Act, 5 ILCS 220/1 et seq., encourage and permit intergovernmental cooperation between
units of local government and the Illinois Local Government Property Transfer Act, 50 ILCS 605/0.01
et seq. encourages and permits intergovernmental transfers of property under mutually agreeable
terms; and
WHEREAS, District owns the following property (referred to as the “Property”):
1. The 13 Acres Park property, legally described in Exhibit A to this Agreement including
all right-of-way along Main Street, (“13 Acres Park”), generally shown on attached
map labeled 13 Acres Park, with PINS 15-13-16-276-005 and 15-13-16-277-014
WHEREAS, the Village desires to purchase the Property and District desires to sell the
Property on such terms and conditions as are provided for herein.
NOW, THEREFORE, in consideration of the representations, promises, covenants, agreements and
undertakings set forth herein, the District and the Village hereby agree as follows:
1. Transfer of 13 Acres Park
a.) Transfer. Before or within 60 days after the Effective Date of this Agreement, the
Parties shall adopt respectively the ordinance and resolution required by the Illinois
Local Government Property Transfer Act, 50 ILCS 605/0.01 et seq. (the “Transfer
Act”), and any other required documents, including an appropriate recordable deed
from District to Village to effectuate the District’s transfer of 13 Acres Park to the
Village. The closing on the transfer of 13 Acres Park shall occur no later than 90 days
after the Effective Date of this Agreement.
b.) Consideration for Transfer of 13 Acres Park. As consideration for the transfer of 13
Acres Park, the Village shall pay the total sum of $225,000.
c.) Maintenance of 13 Acres Park. The existing maintenance and use agreement between
the Parties that governs the maintenance of 13 Acres Park and other Village and
District owned facilities, is hereby amended as attached to this Agreement as Exhibit B
(the “Maintenance Agreement”).
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2. Terms of Transfer.
a.) No Liens. District shall not permit or allow or create any leases, liens, mortgages,
clouds on title or other encumbrances, other than those existing as of the Effective
Date. District warrants that no contracts for the furnishing of any labor or material to
the Property or the improvements thereon, and no security agreements or leases in
respect to any goods or chattels that have been or are to become attached to the
Property or any improvements thereon as fixtures, will at the time of closing be
outstanding and not fully performed and satisfied, and further warrants that there are no
and will not at the time of the closing be any unrecorded leases or contracts relating to
the Property.
b.) Evidence of Title. District warrants it is fee simple title holder of the Property. District
shall, within a reasonable time, deliver to Village, as evidence of District’s title, a
Commitment for Title Insurance issued by a title insurance company regularly doing
business in the county where the Property are located, committing the company to issue
a policy in the usual form insuring title to the Property in Village’s name for the
amount of the purchase price.
District shall be responsible for payment of the owner's premium and District's search
charges. If title evidence discloses exceptions that are unacceptable to the Village,
Village shall give written notice of such exceptions to District within a reasonable time.
District shall have a reasonable time to have such title exceptions removed, or, any such
exception which may be removed by the payment of money may be cured by deduction
from the purchase price at the time of closing. If District is unable or unwilling to cure
such exception, then Village shall have the option to terminate this Agreement as to the
particular parcel(s) with the unacceptable cloud on title, but proceed to closing as to all
other parcels. District shall deliver to Village at closing a Quitclaim Deed in substantial
conformance with the statutory form of deed set forth in 765 ILCS 5/10.
c.) Closing.
i. Escrow. Closing shall be through a closing Escrow jointly established by
Village and District with the title company (as hereinafter defined) in
accordance with the general provisions of a New York-style deed and money
escrow agreement. Upon creation of the Escrow, anything in this Agreement to
the contrary notwithstanding, payment of the purchase price and delivery of the
deed and other required documents shall be made through the Escrow.
ii. Allocation of Closing Costs. (a) District shall pay the following costs for
Closing: title commitment, Owner’s Policy of Title Insurance, title curative
instruments, releases of existing liens, preparation and recording of deed,
recording fees for curative instruments and releases, tax statements and
certificates, one-half of any Escrow fee, District’s attorney’s fee, and any other
expenses customarily charged to the seller. (b) Village shall pay the following
costs for Closing: Survey, premium for any title policy endorsements requested
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by Village, one-half of any Escrow fee, Village’s attorney’s fees, and any other
expenses customarily charged to the buyer.
iii. Property Conveyed As-Is. The Property will be conveyed to the Village on an
“AS IS-WHERE IS” basis without any representations or warranties of any
kind, express or implied, either oral or written, made by District with respect to
the physical, environmental or structural condition of the Property or with
respect to the existence or absence of hazardous materials, underground storage
tanks, or other toxic or hazardous substances or wastes in, on, under or affecting
the Property, and subject to existing zoning, flood plain, and any other
restrictions on the use or development of the Property. All warranties with
respect to the Property are hereby expressly disclaimed, including, but not
limited to, any implied warranty of merchantability, fitness or habitability, good
or fair condition or repair or good and workmanlike construction, availability or
capacity of utilities to provide sewer and water service, and any warranties or
representations with respect to potential liabilities under or with respect to any
environmental laws. Any risk and all responsibility relating to any condition of
the Property after a property is conveyed to Village, including, but not limited to
any of the above-described conditions, are assumed by Village and disclaimed
by District.
3. Miscellaneous Provisions.
a.) Recitals. The parties agree that the recitals contained above are true and constitute a
contractual part of this Agreement.
b.) No Assignment. No party may assign any rights or duties under this Agreement
without the prior express written consent of the other party.
c.) Successors. This Agreement shall be binding upon the successors of the Parties’
respective governing boards.
d.) Relationship of the Parties; No Third-Party Beneficiaries. Nothing contained in or
done pursuant to this Agreement shall be construed as creating a partnership, agency,
joint employer, or joint venture relationship between the District and the Village.
Notwithstanding any provision herein to the contrary, this Agreement is entered into
solely for the benefit of the Parties, and nothing in this Agreement is intended, either
expressly or impliedly, to provide any right or benefit of any kind whatsoever to any
person or entity who is not a party to this Agreement or to acknowledge, establish, or
impose any legal duty to any third party. No claim as a third-party beneficiary under
this Agreement by any person, firm, or corporation shall be made or be valid against the
District or the Village.
e.) Notices. All notices required or permitted to be given under this Agreement shall be in
writing and shall be delivered (1) personally, (2) by a reputable overnight courier, or (3)
by certified mail, return receipt requested, and deposited in the U.S. Mail, postage
prepaid. Notices shall be deemed received upon the earlier of (a) actual receipt, (b) one
business day after deposit with an overnight courier as evidenced by a receipt of
deposit, or (c) three business days following deposit in the U.S. mail, as evidenced by a
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return receipt. Notices and communications to the Parties shall be addressed to, and
delivered at, the following addresses:
If to the District, to:
Mahomet-Seymour Community Unit
School District No. 3
1301 S. Bulldog Drive
Mahomet, IL 61853
Attn: Superintendent
If to the Village, to:
Village of Mahomet
503 East Main Street
Mahomet, IL 61853
Attn: Village Administrator
f.) Amendments. This Agreement may not be amended except by means of a written
document signed by an authorized representative of both of the parties.
g.) Compliance with Law. The Parties shall comply with all applicable local, county,
State, and federal laws and regulations that are in effect upon execution of this
Agreement.
h.) Authority to Execute. The Parties warrant and represent that the persons executing this
Agreement on their behalf have been properly authorized to do so.
i.) Calendar Days and Time. Unless otherwise provided in this Agreement, any reference
in this Agreement to “day” or “days” shall mean calendar days and not business days.
If the date for giving of any notice required to be given, or the performance of any
obligation, under this Agreement falls on a Saturday, Sunday, federal, State, or District
holiday, then the notice or obligation may be given or performed on the next business
day after that Saturday, Sunday, federal, State, or District holiday. For purposes of this
Agreement, the District’s summer break shall not constitute a “District holiday.”
j.) Governing Law. This Agreement shall be governed and construed in accordance with
the laws of the State of Illinois. Jurisdiction and venue for all disputes hereunder shall
be the Circuit Court or federal district court located in Champaign County, Illinois.
k.) No Waiver. The failure of either Party to insist upon the performance of any of its terms
and conditions, or the waiver of any breach of any of the terms and conditions of this
Agreement, shall not be construed as thereafter waiving any such terms and conditions,
but they shall continue and remain in full force and effect as if no forbearance or waiver
had occurred.
l.) Provisions Severable. If any term, covenant, condition, or provision of this Agreement
is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the
remainder of the provisions shall remain in full force and effect and shall in no way be
affected, impaired, or invalidated.
m.) Exhibits. Exhibits A and B are incorporated into and made part of this Agreement
n.) Captions. The captions at the beginning of the several paragraphs, respectively, are for
convenience in locating the contents, but are not part of the context.
o.) Counterparts. This Agreement may be executed in any number of counterparts, each of
which shall constitute an original, but altogether shall constitute one and the same
Agreement.
p.) Effective Date. This Agreement shall be deemed dated and become effective on the
date the last of the Parties signs as set forth below the signature of their duly authorized
representatives.
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q.) Enforcement. This Agreement may be enforced by either party in a court of law or
equity.
r.) Recording. This Agreement shall constitute a covenant running with the land and may
be recorded by the Village.
IN WITNESS WHEREOF, the parties have entered into this Intergovernmental Agreement this
____ day of September 2020.
VILLAGE OF MAHOMET, CHAMPAIGN, COUNTY, ILLINOIS
An Illinois municipal corporation
By: ______________________________
President of the Board of Trustees
Attest:
Village Clerk
COMMUNITY UNIT SCHOOL DISTRICT NO. 3, CHAMPAIGN COUNTY, ILLINOIS
An Illinois Public School District
By: ______________________________
President
Attest: ______________________________
Secretary
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Exhibit A
Legal Description-13 Acres Park
PARCEL 1: PART OF THE SOUTH EAST 1/4 OF THE NORTH EAST 1/4 OF SECTION 16, TOWNSHIP 20
NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS:
BEGINNING AT AN IRON PIPE SURVEY MONUMENT FOUND AT THE SOUTH WEST
CORNER OF NELLE R. MORRISON’S SUBDIVISION AS RECORDED IN PLAT BOOK G AT
PAGE 185; THENCE NORTH 89 DEGREES, 42 MINUTES, 19 SECONDS EAST ALONG THE
SOUTH LINE OF SAID MORRISON’S SUBDIVISION, A DISTANCE OF 494.18 FEET TO AN
IRON PIPE SURVEY MONUMENT FOUND TO BE SITUATED ON THE WEST LINE OF THE
EAST 10 RODS OF EAST 1/2 OF THE SOUTH EAST 1/4 OF THE NORTH EAST 1/4 OF
SECTION 16, TOWNSHIP 20 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL
MERIDIAN; THENCE SOUTH 0 DEGREES, 30 MINUTES, 07 SECONDS EAST ALONG THE
SAID WEST LINE, A DISTANCE OF 250.52 FEET TO AN IRON PIPE SURVEY MONUMENT
SET BEARING A METAL CAP STAMPED “NRB IPLS 2866” SAID MONUMENT BEING
SITUATED ON THE SOUTH LINE OF THE NORTH 16 RODS OF THE SOUTH 66 RODS OF
THE AFORESAID SOUTH EAST 1/4; THENCE NORTH 89 DEGREES, 28 MINUTES, 52
SECONDS EAST ALONG SAID SOUTH LINE, A DISTANCE OF 169.83 FEET TO AN IRON
PIPE SURVEY MONUMENT SET BEARING A METAL CAP STAMPED “NRB IPLS 2866”
SAID MONUMENT BEING SITUATED ON THE EAST LINE OF THE AFORESAID SOUTH
EAST 1/4; THENCE SOUTH 0 DEGREES, 25 MINUTES, 04 SECONDS EAST ALONG THE
SAID EAST LINE, A DISTANCE OF 33.00 FEET TO AN IRON PIPE SURVEY MONUMENT
SET BEARING A METAL CAP STAMPED “NRB IPLS 2866” SAID MONUMENT BEING
SITUATED ON THE NORTH LINE OF THE SOUTH 48 RODS OF THE AFORESAID SOUTH
EAST 1/4 THENCE SOUTH 89 DEGREES, 28 MINUTES, 53 SECONDS, WEST ALONG SAID
NORTH LINE, A DISTANCE OF 330.00 FEET TO AN IRON PIPE SURVEY MONUMENT SET
BEARING A METAL CAP STAMPED “NRB IPLS 2866” SAID MONUMENT BEING SITUATED
ON THE WEST LINE OF THE EAST 20 RODS OF THE AFORESAID SOUTH EAST 1/4;
THENCE SOUTH 0 DEGREES, 25 MINUTES, 04 SECONDS EAST ALONG SAID WEST LINE,
A DISTANCE OF 230.42 FEET TO AN IRON PIPE SURVEY MONUMENT SET BEARING A
METAL CAP STAMPED “NRB IPLS 2866”; SAID MONUMENT BEING SITUATED ON THE
NORTH LINE OF THE SOUTH 34 RODS OF THE AFORESAID SOUTH EAST 1/4; THENCE
SOUTH 89 DEGREES, 20 MINUTES, 51 SECONDS WEST ALONG SAID NORTH LINE, A
DISTANCE OF 292.00 FEET TO AN IRON PIPE SURVEY MONUMENT SET BEARING A
METAL CAP STAMPED “NRB IPLS 2866”; THENCE SOUTH 0 DEGREES, 25 MINUTES, 04
SECONDS EAST A DISTANCE OF 156.54 FEET TO AN IRON PIPE SURVEY MONUMENT
SET BEARING A METAL CAP STAMPED “NRB IPLS 2866” SAID MONUMENT BEING
SITUATED ON THE NORTH LINE OF B. D. ABBOTT’S SUBDIVISION; THENCE SOUTH 89
DEGREES, 47 MINUTES, 28 SECONDS WEST ALONG THE NORTH LINE OF SAID B. D.
ABBOTT’S SUBDIVISION, A DISTANCE OF 39.88 FEET TO AN IRON PIPE SURVEY
MONUMENT SET BEARING A METAL CAP STAMPED “NRB IPLS 2866” SAID MONUMENT
BEING SITUATED ON THE EAST LINE OF THE WEST 1/2 OF THE SOUTH EAST 1/4 OF THE
NORTH EAST 1/4 OF SECTION 16, TOWNSHIP 20 NORTH, RANGE 7 EAST OF THE THIRD
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PRINCIPAL MERIDIAN; THENCE SOUTH 0 DEGREES, 38 MINUTES, 23 SECONDS EAST
ALONG SAID WEST LINE, A DISTANCE OF 31.50 FEET TO AN IRON PIPE SURVEY
MONUMENT SET BEARING A METAL CAP STAMPED “NRB IPLS 2866” SAID MONUMENT
BEING SITUATED ON THE CENTERLINE OF DUNBAR STREET AND ALSO ON THE
NORTH LINE OF THE SOUTH 369.50 FEET OF THE AFORESAID WEST 1/2; THENCE SOUTH
89 DEGREES, 47 MINUTES, 28 SECONDS WEST ALONG SAID CENTER LINE OF DUNBAR,
A DISTANCE OF 511.50 FEET TO AN IRON PIPE SURVEY MONUMENT SET BEARING A
METAL CAP STAMPED “NRB IPLS 2866” SAID MONUMENT BEING SITUATED ON THE
CENTERLINE OF TURNER DRIVE AND ALSO ON THE EAST LINE OF THE WEST 148 FEET
OF THE AFORESAID WEST 1/2; THENCE NORTH 0 DEGREES, 28 MINUTES, 41 SECONDS
WEST ALONG SAID CENTERLINE OF TURNER, A DISTANCE OF 792.34 FEET TO AN IRON
PIPE SURVEY MONUMENT SET BEARING A METAL CAP STAMPED “NRB IPLS 2866”
SAID MONUMENT BEING SITUATED ON THE SOUTH LINE OF THE NORTH 165 FEET OF
THE AFOREAID WEST 1/2; THENCE NORTH 89 DEGREES, 53 MINUTES, 50 SECONDS EAST
ALONG SAID SOUTH LINE, A DISTANCE OF 30.00 FEET TO AN IRON PIPE SURVEY
MONUMENT SET BEARING A METAL CAP STAMPED “NRB IPLS 2866” SAID MONUMENT
BEING SITUATED ON THE EASTERLY RIGHT OF WAY OF TURNER DRIVE; THENCE
NORTH 89 DEGREES, 53 MINUTES, 50 SECONDS EAST CONTINUING ALONG SAID SOUTH
LINE, A DISTANCE OF 479.27 FEET TO AN IRON PIPE SURVEY MONUMENT SET BEARING
A METAL CAP STAMPED “NRB IPLS 2866” SAID MONUMENT BEING SITUATED ON THE
WEST LINE OF THE AFOREMENTIONED MORRISON’S SUBDIVISION; THENCE SOUTH 0
DEGREES, 42 MINUTES, 56 SECONDS EAST ALONG THE SAID WEST LINE, A DISTANCE
OF 87.03 FEET TO THE POINT OF BEGINNING; ALL SITUATED WITHIN THE LIMITS OF
THE VILLAGE OF MAHOMET, CHAMPAIGN COUNTY, ILLINOIS.
PIN No.: 15-13-16-276-005
PARCEL 2:
PART WEST HALF OF THE SOUTH EAST QUARTER OF THE NORTH EAST QUARTER OF
SECTION 16, TOWNSHIP 20 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL
MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTH EAST CORNER OF
THE WEST HALF OF THE SOUTH EAST QUARTER OF THE NORTH EAST QUARTER OF
SECTION 16, TOWNSHIP 20 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL
MERIDIAN, THENCE WEST 33 FEET, THENCE SOUTH 165 FEET, THENCE EAST 33 FEET,
THENCE NORTH 165 FEET TO THE POINT OF BEGINNING, IN CHAMPAIGN COUNTY,
ILLINOIS.
PIN No.: 15-13-16-277-014
Exhibit B
INTERGOVERNMENTAL AGREEMENT FOR THE
MAINTENANCE AND USE OF RECREATIONAL FACILITIES
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INTERGOVERNMENTAL AGREEMENT FOR THE MAINTENANCE AND USE OF RECREATIONAL FACILITIES
THIS AGREEMENT is made, executed and delivered the days and dates hereafter set forth by and between the Village of Mahomet, a Municipal Corporation having its principal offices at 503 East Main Street, Mahomet, Illinois 61853, hereinafter "Village" and Mahomet-Seymour CUSD #3 of Champaign County, Illinois, a school district organized under the laws of the State of Illinois having its principal offices at 1301 South Bulldog Ave, Mahomet, Illinois 61853, hereinafter "District",
WITNESSETH: WHEREAS, the District presently owns, operates and maintains District gymnasiums including
Middletown Prairie Elementary, Lincoln Trail Elementary, the Junior High Orange and Blue gymnasiums and the High School gymnasium and Fieldhouse, and
WHEREAS, the Village owns, operates and maintains 13 Acres Park, Barber Park, Brent Johnson
Park, Bridle Leash Park and Dowell Park, and WHEREAS, the parties have determined that the needs of both parties are best served through facilities
maintained and operated on a cooperative basis between the Village and District, and WHEREAS, Section 3 of the Illinois Intergovernmental Cooperation Act (5 ILCS 220/5) provides that any
powers, privilege or authority which may be exercised by a unit of local government may be exercised and enjoyed jointly with any other unit of local government where not prohibited by law, and
WHEREAS, the Village is an Illinois municipality which is subject to the provisions of the Illinois
Municipal Code and the Village is not a home rule municipality, and WHEREAS, the District is a school district subject to the terms of the Illinois School Code, and
WHEREAS, the parties have determined that it is in their respective best interests and the best interests
of the residents of the Village and District, respectively, for the parties to enter into this agreement with respect to the maintenance and operation of all recreational facilities, and the governing bodies of both of the parties hereto have adopted an ordinance or resolution approving this Agreement and authorizing the appropriate officers of such party to make, execute and deliver this agreement for and on behalf of such party.
NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein and
other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows:
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1. Indemnification
A. Each of the parties agree to maintain general liability insurance having liability limits in an amount not less than $1,000,000 in force at such party's expense at all times during the term of this Agreement and to name the other party as an additional insured with respect to such policies of insurance. Proof of such insurance shall be given by each party by way of a certificate of insurance to be provided to the other party no less frequently than annually and when otherwise requested by the other party.
B. Village agrees to indemnify and hold harmless the District, including its Board members in their
individual and official capacities, the Board’s employees and agents, and their successors and assigns from any claim or loss, including, but not limited to, attorney’s fees, costs and expenses of litigation, in connection with a claim against the District for property damage or personal injury resulting from the Village’s use of the District’s property except to the extent that such claim or loss is the result of negligence or willful and wanton conduct on the part of the District.
C. District agrees to indemnify and hold harmless the Village, including its Board members in their
individual and official capacities, the Board’s employees and agents, and their successors and assigns from any claim or loss, including, but not limited to, attorney’s fees, costs and expenses of litigation, in connection with a claim against the Village for property damage or personal injury resulting from the District’s use of the Village’s property except to the extent that such claim or loss is the result of negligence or willful and wanton conduct on the part of the Village.
2. General Guidelines for Joint Use
A. For the purposes of this Agreement, the criteria for such uses are as follows: any instructional, information, recreational, athletic, social or community program which is initiated, organized, managed, scheduled and supervised by the owner of the respective facility.
B. Each agency will make its facilities and grounds available for use by the other agency on a first priority basis after the scheduling requirements for its own programs have been met.
C. The mutual goal of the District and Village will be to maintain program continuity, giving adequate notification of scheduling changes or facility use to allow completion of a program cycle, and where necessary, to relocate programming. When possible, each agency will assist the other in locating alternative space.
D. Where possible, the District and Village will pursue opportunities to develop and improve joint
use facilities and equipment to support programming by both agencies. E. Both agencies agree to honor each other’s scheduled events to the greatest extent possible
and not disrupt scheduled programs. Should an unforeseen event occur which precludes a joint use activity or program from occurring; each agency will seek to accommodate the scheduled program at an alternate facility. Reasonable notice should be given to change a regularly scheduled program. This procedure will not apply when the facility is not in normal or safe usable condition due to situations which are beyond the control of the owning agency, e.g. emergency or mandatory repairs/maintenance or other unplanned closures, strikes, Acts of Gods, etc.
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3. Scheduling and use of District Gymnasiums
The following shall apply to the scheduling and use of District gymnasiums, including Middletown Prairie Elementary, Lincoln Trail Elementary, the Junior High Orange and Blue gymnasiums and the High School gymnasium and Fieldhouse:
A. The District’s individual School Principal or Athletic Director or their designee shall establish
schedules of activities to be conducted at each individual school gymnasiums. The District shall control the scheduling of activities by first scheduling their own activities. The Village will then have an opportunity to schedule their activities at least 45 days in advance. Only after determining the use between the District and the Village, other entities will be provided the opportunity to schedule activities consistent with the community benefit through appropriate allocation of use. However, in the event of a failure to agree, the District's determination of the community benefits and the scheduling of activities shall control.
B. The Village shall have opportunities to program District gymnasiums during the following school breaks; Winter Break and Spring Break.
C. The parties shall cooperate as necessary to make scheduling changes and to avoid scheduling conflicts.
D. The Village shall make timely repairs at its own expense for any damage to a District gymnasium or Fieldhouse through Village's use, excluding reasonable wear and tear. In the event of the failure of The Village to make such repairs within thirty (30) days after being given written notice thereof by the District, the District may have the repairs made and the Village shall reimburse the District for the cost thereof upon demand and substantiation.
E. The Village shall maintain and repair any equipment owned by it and stored with the consent of the District on District property.
4. Scheduling and use of Village Owned Facilities
The following shall apply to the scheduling and use of the following facilities, 13 Acres Park, Barber Park, Brent Johnson Park, Bridle Leash Park and Dowell Park: A. The Village’s Park and Recreation Director or his/her designee shall establish schedules of
activities to be conducted at Village owned facilities. The Village shall control the scheduling of activities by first scheduling their own activities. The District will then have an opportunity to schedule their activities at least 45 days in advance. Only after determining the use between the District and the Village, other entities will be provided the opportunity to schedule activities consistent with the community benefit through appropriate allocation of use. However, in the event of a failure to agree, the Village's determination of the community benefits and the scheduling of activities shall control.
B. The parties shall cooperate as necessary to make scheduling changes and to avoid
scheduling conflicts. C. The District shall make timely repairs at its own expense for any damage to the Village owned
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facilities through District's use, excluding reasonable wear and tear. In the event of the failure of The District to make such repairs within thirty (30) days after being given written notice thereof by the Village, the Village may have the repairs made and the District shall reimburse the Village for the cost thereof upon demand and substantiation.
D. The District shall maintain and repair any equipment owned by it and stored with the consent
of the Village on Village facilities.
E. The District shall provide any specific preparation for District programming occurring on Village property including but not limited to providing additional portable toilets, chalking of lines, game day infield grooming, temporary fence installation and athletic field striping.
5. Fees
A. The Village and District agree to provide use of facilities under this agreement at no direct charge to each other.
B. Specific requests by the Village or District for services, equipment or facilities not covered under
this agreement may be provided, at direct charge to the agency making the request. 6. Terms of Agreement This Agreement shall be effective upon execution hereof by both of the parties hereto and shall continue through and including December 31, 2025. Unless either party notifies the other party by July 1st of the year of termination of the initial term, or any renewal term, of its desire not to extend the Agreement, the Agreement shall be extended for an additional five-year term upon the same terms as then existing. In the event of the termination of this Agreement by either party as above provided, such party shall be responsible for all obligations incurred during the term of the Agreement. 7. Binding Effect
This Agreement shall be binding upon and inure to the benefit of each of the parties hereto and their respective successors and assigns; provided, however, that neither party shall have the right to assign its interest in this Agreement either voluntarily or by operation of law without the prior written consent and approval of the other party.
8. Amendment
This Agreement constitutes the entire agreement of the parties on the subjects herein and may be altered, modified or amended only upon the written consent and agreement of both parties after approval by the governing body of each party as required by law.
9. Notices All notices required hereunder shall be in writing and shall be served personally, by registered or certified mail return receipt requested, or by express delivery service, as follows:
If to the Village: Village Administrator
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503 East Main Street PO Box 259 Mahomet, IL 61853
If to District:
Superintendent
1301 S. Bulldog Ave Mahomet, IL 61853
In the event of the change of either of the above addresses, the party whose address changes shall notify the other party in writing of such change and the new address. 10. Severability
If for any reason any provision of this Agreement is determined by a Court of competent jurisdiction to be invalid or unenforceable, that provision shall be deemed to be severed and this Agreement shall remain in full force and effect with that provision severed or as modified by Court Order provided that said provision determined invalid does not substantially impair the intent or substance of this Agreement so that the purposes of this Agreement are not fulfilled and the benefits to the parties hereto are not realized. If said provision does substantially impair the intent or substance, the parties shall attempt to agree on an amendment to this Agreement to address the changes necessary as a result of said Court determination. However, if the parties are unsuccessful in negotiating an amendment, this Agreement shall terminate.
11. Waiver of Performance
The waiver by either party of any term, covenant or condition herein, or the failure of such party to insist upon strict and prompt performance therewith, shall not be deemed or construed to constitute a waiver of such term, covenant or condition, which shall remain in full force and effect and shall continue to be subject to enforcement.
12. Governing Law and Exclusive Jurisdiction
This Agreement shall be construed and interpreted in accordance with the laws of the State of Illinois and all actions arising out of or pursuant to the terms of this Agreement shall be brought exclusively in the Circuit Court for the Judicial Circuit, Champaign County, Illinois.
13. Authority of Officers Each of the parties hereto represent and warrant that the officers executing this Agreement for and on behalf of such party are fully authorized and empowered by the governing body of such party to make, execute and deliver this Agreement for and on behalf of such party. VILLAGE OF MAHOMET MAHOMET-SEYMOUR CUSD #3 CHAMPAIGN COUNTY, ILLINOIS CHAMPAIGN COUNTY, ILLINOIS
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By __________________________________ By ____________________________ Its Mayor Its Board President
Attest: _______________________________ Attest: _________________________ Village Clerk Its Secretary
AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE VILLAGE OF MAHOMET, ILLINOIS AND MAHOMET - SEYMOUR CUSD
#3 FOR 13 ACRES PARK AND THE MAINTENANCE AND USE OF RECREATIONAL FACILITIES
Adopted by the President and Board of Trustees
Of The Village of Mahomet
Champaign County, Illinois
This 22nd day of September 2020
WHEREAS, The Illinois Constitution, Art. VII, Section 10, and the Illinois Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq., encourage and permitintergovernmental cooperation between units of local government and the Illinois Local Government Property Transfer Act, 50 ILCS 605/0.01 et seq.encourages and permits intergovernmental transfers of property under mutually agreeable terms; and
WHEREAS, The President and Board of Trustees find it is in the best interests of the public, necessary and promotes the general health, welfare and safety for the Village of Mahomet, Champaign County, Illinois to own, use, occupy and improve the Park commonly known as “13 ACRES PARK” and as such, finds that it is in the bests interest of the public, necessary and promotes the general health, welfare and safety for the Village of Mahomet to enter into the Intergovernmental Agreement (13 ACRES PARK) with Exhibit entitled “PARK AND THE MAINTENANCE AND USE OF RECREATIONAL FACILITIES” attached hereto.
NOW, THEREFORE, BE IT ORDAINED this 22nd day of September 2020, by the Board of Trustees of the Village of Mahomet that:
Section 1 – That the intergovernmental agreement entitled “13 ACRES PARK” and its Exhibit entitled “PARK AND THE MAINTENANCE AND USE OF RECREATIONAL FACILITIES” by and between the VILLAGE OF MAHOMET, ILLINOIS and MAHOMET-SEYMOUR CUSD #3” attached hereto be approved.
Section 2 – That the Village President is hereby authorized to execute the agreement in substantially the same form as approved in Section 1 above and all Village Staff are directed to take such steps to implement the terms thereof and the Village President and Village Administrator are authorized and directed to execute such other documents as may be necessary to implement the terms thereof.
Section 3 – The provisions of this Ordinance shall become effective September 22, 2020 following its passage, approval, and publication as required by law. The Village Clerk is hereby authorized and directed to cause this Ordinance to be published in pamphlet form.
Upon motion by Trustee ______________________________, seconded by Trustee _______________________, passed by the President and Board of Trustees of the Village of Mahomet, Illinois this 22nd day of September 2020, by roll call vote, as follows: Voting “aye” (names): Voting “nay” (names): Abstained (names):
PASSED and APPROVED this 22nd day of September 2020.
___________________________________ Village President (SEAL) Attest: _________________________________ Village Clerk Published in Pamphlet form the day of 2020. Amanda Andersen, Village Clerk Village of Mahomet
MEMORANDUM
TO THE
BOARD OF TRUSTEES
ITEM: An Ordinance Authorizing and Licensing Raffles
INTRODUCTION: We are asking the BOT to approve an ordinance regulating the licensure and authorization of raffles within the Village.
BACKGROUND: The Illinois “Raffles and Poker Runs Act” authorizes the governing body of an Illinois municipality to establish a system of licensing of raffles, we feel it is in the best interest of the welfare and safety of the Village that raffles within the Village of Mahomet be licensed and regulated, passing this Ordinance will accomplish that.
DISCUSSION OF ALTERNATIVES: If the BOT does not pass this Ordinance, we will not be able to authorize or regulate raffles within the Village.
PRIOR BOARD ACTION: None
COMMUNITY INPUT: No community input was solicited on this matter.
BUDGET IMPACT: We will charge a $25 fee for raffle licenses.
STAFF IMPACT: The Village Clerk under the direction of the Administrator will be responsible for reviewing applications, issuing licenses, and regulating and enforcing compliance issues.
SUMMARY:
By passing this Ordinance the Village will be able to regulate raffles within the Village of Mahomet. RECOMMENDED ACTION: BOT to approve the Ordinance Authorizing and Licensing Raffles DEPARTMENT HEAD APPROVAL:
VILLAGE ADMINISTRATOR:
PAMPHLET PUBLICATION
ORDINANCE NO. 20-09-05
AN ORDINANCE AUTHORIZING AND LICENSING RAFFLES
PRESENTED: PASSED: APPROVED: RECORDED: PUBLISHED: Voting "Aye" ______ Voting "Nay" ______ The undersigned being the duly qualified and acting Village Clerk of the Village of Mahomet does hereby certify that this document constitutes the publication in pamphlet form, in connection with and pursuant to Section 1-2-4 of the Illinois Municipal Code, of the above-captioned ordinance and that such ordinance was presented, passed, approved, recorded and published as above stated. _____________________________ Village Clerk (Seal) Dated:_____________
ORDINANCE NO. 20-09-05
AN ORDINANCE AUTHORIZING AND LICENSING OF RAFFLES
Adopted by the President and Board of Trustees
of The Village of Mahomet
Champaign County, Illinois
This 22nd day of September 2020
WHEREAS, the Illinois “Raffles and Poker Runs Act” (230 ILCS par. 15/0.01 et seq.) authorizes the governing body of an Illinois municipality to establish a system of licensing of raffles; and, WHEREAS, the President and the Board of Trustees of the Village of Mahomet, Champaign County, Illinois have determined that it is in the best interest of the welfare and safety of the Village that raffles within the Village of Mahomet be licensed and regulated; NOW, THEREFORE, BE IT ORDAINED this 22nd day of September 2020, by the Board of Trustees of the Village of Mahomet that the following CHAPTER 114 RAFFLES be added to TITLE XI: BUSINESS REGULATIONS of the Code of Mahomet as follows: CHAPTER 114 RAFFLES Section 114.01 RAFFLE REGULATIONS AND LICENSE. DEFINITIONS.
(A) Business. A voluntary organization composed of individuals and businesses who have joined together to advance the commercial, financial, industrial and civil interests of a community.
(B) Charitable. An organization or institution organized and operated to benefit an indefinite number of the public. The service rendered to those eligible for benefits must also confer some benefit on the public.
(C) Educational. An organization or institution organized and operated to provided systematic instruction in useful branches of learning by methods common to schools and institutions of learning which compare favorably in their scope and intensity with the course of study presented in tax-supported schools.
(D) Fraternal. An organization of persons having a common interest, the primary interest of which is to both promote the welfare of its members and to provide assistance to the general public in such a way as to lessen the burdens of government by caring for those that otherwise would be cared for by the government.
(E) Labor. An organization composed of workers organized with the objective of betterment of the conditions of those engaged in such pursuit and the development of a higher degree of efficiency in their respective occupations.
(F) Net Proceeds. The gross receipts from the conduct of raffles, less reasonable sums expended for prizes, license fees, and other reasonable operating expenses incurred as a result of operating a raffle.
(G) Non-Profit. An organization or institution organized and conducted on a not-for-profit basis with no personal profit inuring to anyone as a result of the operation.
(H) Raffle. A form of lottery where the player pays or agrees to pay something of value for a chance, represented and differentiated by a number or by a combination of numbers or be some other medium, one or more which chances is to be designated the winning chance. The winning chance is to be determined through a drawing or by some other method based on an element of chance by an act or set of facts on the part of persons conducting or connected with the lottery, except that the winning chance shall not be determined by the outcome of a publicly exhibited sporting contest.
(I) Religious. Any church, congregation, society, or organization founded for the purposes of religious worship.
(J) Veterans. An organization or association comprised of members of which substantially all are individuals who are veterans of military service, the primary purpose of which is to promote the welfare of its members and to provide assistance to the general public in such a way as to confer a public benefit.
Section 114.02 LICENSE REQUIRED. No person, firm, corporation or other entity shall conduct raffles or chances without having first obtained a license therefore pursuant to this Article and the “Raffles Act”.
Section 114.03 APPLICATION.
(A) Applications shall be made in writing through the Village Clerk’s office at least thirty (30) days prior to the first day intended for sale of the raffle chances. The application shall be on a form furnished by the Village Clerk. The Village Clerk shall refer all applications to the Police Department and Village Administrator for review or investigation of the representations in applications. The Clerk shall issue or deny the license within thirty (30) days of application or the license shall be deemed granted.
(B) Applications for licenses under this Article must contain the following information:
(1) Name of applicant.
(2) Address.
(3) Purpose of raffle.
(4) Area within the Village where the raffle is to be conducted.
(5) Time period during which chances will be sold or issued.
(6) Sworn statement attesting to not-for-profit character of the prospective licensee organization, signed by the presiding officer and secretary of the organization.
(7) Date, time and location at which winning chances will be determined.
(8) The aggregate retail value of all prizes or merchandise to be awarded by a single raffle.
(9) The maximum retail value of each prize or each specific type of prize to be awarded by a licensee in a single raffle.
(10) The maximum to be charged for each raffle chance and the number of chances to be issued for each raffle.
(11) The name(s) and address(es) of the operator of the raffle if not an officer or member of the applicant organization.
Section 114.04 VALIDITY OF LICENSE. Each such license shall be valid for one raffle or for a specified number of raffles during a specified period not to exceed one (1) year, and may be suspended or revoked by the corporate authorities in the event of violation of the terms of this Article or of any applicable State law.
Section 114.05 ELIGIBLE ORGANIZATIONS. Licenses shall be issued only to bona fide religious, charitable, labor, business, fraternal, educational, veterans', or other bona fide not-for-profit organizations that operate without profit to their members, as defined in Section 114.01, are based or located in the village, and which have been in existence continuously for a period of five (5) years immediately before making application for a license and which have had during the entire five (5) year period a bona fide membership engaged in carrying out their objectives, or to a non-profit fund raising organization that the licensing authority determines is organized for the sole purpose of providing financial assistance to an identified individual or group of individuals suffering extreme financial hardships as the result of an illness, disability, accident or disaster, or to any law enforcement agencies and statewide associations that represent law enforcement officials.
Section 114.06 INELIGIBILITY FOR LICENSE. The following are ineligible for any license under this Article:
(A) Any person who has been convicted of a felony.
(B) Any person who is or has been a professional gambler or gambling promoter.
(C) Any person who is not of good moral character.
(D) Any firm or corporation in which a person defined in (A), (B) or (C) has a proprietary, equitable or credit interest, or in which such a person is active or employed.
(E) Any organization in which a person defined in (A), (B) or (C) is an officer, director or employee, whether compensated or not.
(F) Any organization in which a person defined in (A), (B) or (C) is to participate in the management or operation of a raffle as defined in the “Raffles Act”.
Review and investigation.
Section 114.07 LIMITATIONS. The aggregate retail value of all prizes or merchandise awarded by a license in a single raffle under this Article and in accordance with applicable state law is limited to Five Hundred Thousand Dollars ($500,000.00).
The maximum retail value of each prize awarded by a licensee in a single raffle is limited to Five Hundred Thousand Dollars ($500,000.00).
The maximum price which may be charged for each raffle chance issued or sold is limited to Five Hundred Dollars ($500.00).
The maximum number of days during which chances may be issued or sold is limited to one hundred eighty (180) days.
Licenses issued shall be valid for one raffle or for a specified number of raffles to be conducted during a specified period not to exceed one (1) year and may be suspended or revoked for any violation of the “Raffles Act” of this Article.
Section 114.08 FEES. The fee for such a license to conduct a raffle shall be Twenty-five Dollars ($25.00).
Section 114.09 APPROVAL. The Village shall, within thirty (30) days, evaluate and either approve or disapproved of said application. The Village’s approval of an application for a license shall constitute the license for the conduct of the raffle applied for by the applicant.
Section 114.10 CONDUCT OF RAFFLES. The conducting of raffles is subject to the following restrictions:
(A) Proceeds. The entire net proceeds of any raffle must be exclusively devoted to the lawful purpose of the organization permitted to conduct that game.
(B) Participation in Management. No person except a bona fide member of the sponsoring organization may participate in the management or operation of the raffle.
(C) Remuneration. No person may receive any remuneration or profit for participating in the management or operation of the raffle.
(D) Premises. A licensee may rent a premise on which to determine the winning chance or chances in a raffle only from an organization which is also licensed under this Article.
(E) Locations. Raffle chances may be sold or issued only within the area specified on the license and winning chances may be determined only at those locations specified on the license.
(F) Age of Participants. No person under the age of eighteen (18) years may participate in the conducting of raffles or chances. A person under the age of eighteen (18) years may be within the area where winning chances are being determined only when accompanied by his/her parent or guardian.
(G) Location for Determining Winning Chance(s). The location of the premises on which to determine the winning chance or chances in a raffle shall be restricted to a business district, commercial district or where a special use permit has been granted for a school, church, government or similar institution.
Section 114.11 RECORDS.
(A) Each organization licensed to conduct raffles and chances shall keep such records and shall also keep records of its gross receipts, expenses and net proceeds for each single gathering or occasion at which chances are determined.
(B) Gross receipts from the operation of raffles programs shall be segregated from other revenues of the organization, including bingo gross receipts, if bingo games are also conducted by the same non-profit organization pursuant to license therefore issued by the Department of Revenue of the State of Illinois, and shall be placed in a separate account. Each organization shall have separate records of its raffles. The person who accounts for gross receipts, expenses and net proceeds from the operation of raffles shall not be the same person who accounts for other revenues of the organization.
(C) Each organization licensed to conduct raffles shall report promptly after the conclusion of each raffle to its membership, and to the Village, its gross receipts, expenses and net proceeds from raffles, and the distribution of net proceeds itemized as required in this Section.
(D) Records required by this Section shall be preserved three (3) years, and organizations shall make available their records relating to operation of raffles for public inspection at reasonable times and places.
Section 114.12 MANAGER’S BOND. All operations of and conduct of raffles shall be under the supervision of a single raffles manager designated by the organization. The manager or operator of the raffle must be a bona fide member of the organization holding the license for such a raffle and may not receive any remuneration or profit for participating in the management or operation of the raffle. The manager shall give a fidelity bond in the sum of the total value of the prizes to be awarded in the raffle conditioned upon his/her honesty in the performance of his/her duties. Terms of the bond shall provide that notice shall be given in writing to the Village not less than thirty (30) days prior to its cancellation. The Village may waive this bond requirement by including a waiver provision in the license issued to an organization under this Article, provided that a license containing such waiver provision shall be granted only by unanimous vote of the members of the Village Council.
Section 114.13 SUSPENSION/REVOCATION. Any license granted under this Article may be suspended or revoked by the Village at any time it appears that the proposed or actual operation of the raffle will be or is such as to constitute a public nuisance or to endanger the public peace, health, safety or welfare. Any license granted under this Article may be suspended or revoked in whole or in part at any time that the raffle is conducted contrary to the license or to any State or Village law, or when such raffle or portion thereof is conducted so as to constitute a public nuisance or to disturb the peace, health, safety or welfare. Suspension or revocation shall become effective immediately. It shall be a violation for any person to operate, engage or participate in, except as a patron, any raffle which license has been suspended or revoked.
Section 114.14 PUNISHMENT. Any raffle permit issued under this Article shall be revoked or suspended if the permit holder violates any terms of the license or any other provisions of this Article. Any violation of this Article shall be subject to a fine up to Seven Hundred Fifty Dollars ($750.00). Each day that a violation hereof exists shall be considered a separate offense. Each raffle held in violation hereof shall be considered a separate offense.
Section 114.15 PREVIOUS ACTIONS. Nothing in this Article shall be construed to affect any suit or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action arising, acquired or existing under any act or ordinance or portion thereof hereby repealed or amended by this Article; nor shall any just or legal right, claim, penalty or remedy of any character of the corporate authority existing on the effective date hereof be lost, impaired or affected by this Article.
Section 114.16 REPEAL OF CONFLICTING PROVISIONS. All ordinances and resolutions, or parts thereof, in conflict with the provisions of this Ordinance are, to the extent of the conflict, expressly repealed on the effective date of this Ordinance.
The provisions of this Ordinance shall become effective following its passage, approval and publication as required by law. The Village Clerk is hereby authorized and directed to cause this Ordinance to be published in pamphlet form.
Upon motion by Trustee ______________________________, seconded by Trustee _______________________, passed by the President and Board of Trustees of the Village of Mahomet, Illinois this 22nd day of September 2020, by roll call vote, as follows: Voting “aye” (names): Voting “nay” (names): Abstained (names):
PASSED and APPROVED this 22nd day of September 2020.
___________________________________ Village President (SEAL) Attest: _________________________________ Village Clerk Published in Pamphlet form the day of 2020. Amanda Andersen, Village Clerk Village of Mahomet
STATE OF ILLINOIS ) COUNTY OF CHAMPAIGN ) SS VILLAGE OF MAHOMET ) CERTIFICATION OF ORDINANCE I, the undersigned, do hereby certify that I am the duly selected, qualified and acting Village Clerk of the Village of Mahomet, Champaign County, Illinois (the “Municipality”), and as such official I am the keeper of the records and files of the Municipality and of the President and Board of Trustees (the “Corporate Authorities”). I do further certify that the foregoing constitutes a full, true and complete excerpt from the proceedings of the meeting of the Corporate Authorities held on September 22, 2020, insofar as same relates to the adoption of Ordinance No.20-09-05, entitled:
AN ORDINANCE AUTHORIZING AND LICENSING OF RAFFLES
a true, correct and complete copy of which ordinance (the “Ordinance”) as adopted at such meeting appears in the proceedings of the minutes of such meeting and is hereto attached. The Ordinance was adopted and approved by the vote and on the date therein set forth. I do further certify that the deliberations of the Corporate Authorities on the adoption of such Ordinance were taken openly, that the adoption of such Ordinance was duly moved and seconded, that the vote on the adoption of such Ordinance was taken openly and was preceded by a public recital of the nature of the matter being considered and such other information as would inform the public of the business being conducted, that such meeting was held at a specified time and place convenient to the public, that the agenda for the meeting was duly posted continuously on the Municipality’s website and at the Village Hall at least 48 hours prior to the meeting; that notice of such meeting was duly given to all of the news media requesting such notice, that such meeting was called and held in strict compliance with the provisions of the open meeting laws of the State of Illinois, as amended, and the Illinois Municipal Code, as amended, and that the Corporate Authorities have complied with all of the applicable provisions of such open meeting laws and such Code and their procedural rules in the adoption of such Ordinance. IN WITNESS WHEREOF, I hereunto affix my official signature and the seal of the Village of Mahomet, Champaign County, Illinois, September 22, 2020.
(SEAL) ___________________________________ Village Clerk
MEMORANDUM
TO THE
BOARD OF TRUSTEES
ITEM: Conway Farms Subdivision Phase 4 Replat of Lot 501, 502, and outlot 1
DEPARTMENT: Community Development
AGENDA SECTION: Community Development AMOUNT: N/A
ATTACHMENTS: ( X ) Property Aerial / Zoning Map ( X ) Letter from BCA dated August 10, 2020 ( X ) Final Plat ( X ) Resolution
DATE: For Study Session September 8, 2020
INTRODUCTION / BACKGROUND: Conway Farms Subdivision Phase 4 is an existing subdivision which contains three (3) total lots (two (2) lots and one (1) outlot) along with platted right-of-way for two (2) street extensions. The requested replat subdivision will result in the creation of two (2) lots, one (1) outlot and right-of-way dedication for the new location of South Mahomet Road. This subdivision is required by the proposed replacement Intergovernmental Agreement slated for School Board and Village Board actions in September.
The site is located south of the roundabout on Churchill Road and north of the railroad tracks and includes the existing Middletown Prairie school campus. The replat includes 74.74± acres of land and will reconfigure the lot layout and vacate existing right-of-way and easement locations to establish a new roadway location to accommodate an extension of South Mahomet Road.
The subject property is owned by the Mahomet-Seymour CUSD#3. Subdivision documents were prepared by Berns, Clancy and Associates in accordance with the Subdivision Ordinance. The PZC adopted a resolution on September 1, 2020 indicating a recommendation to approve the submitted replat final plat and requested waivers.
REQUESTED WAIVERS: The ten (10) waivers requested for this subdivision are as follows: 1. Waiver to defer the of construction of stormwater management facilities within Outlot 1 until such time as
required due to site development activities on Lot 1001 or Lot 1002 2. Waiver to defer the construction of the south 720 feet of Churchill Road until such time as site development upon
Lot 1002 necessitates its construction 3. Waiver of the requirement to submit a Preliminary Plat4. Waiver of the requirement to submit a Subsidiary Drainage Plat5. Waiver of the requirement to construct public infrastructure improvements for water mains, sanitary sewers, and
storm drainage lines until such times as lot development on Lot 1001 or Lot 1002 necessitates the construction ofthese public utilities
6. Waiver of the requirement to construct South Mahomet Road in as much as the Village of Mahomet iscontractually obligated to construct those improvements
7. Waiver of the requirement to construct an additional 950 feet of Churchill Road inasmuch as the Village ofMahomet is contractually obligated to construct those improvements
8. Waiver of the requirement to construct bike paths along 950 feet of Churchill Road and along South MahometRoad inasmuch as the Village of Mahomet is contractually obligated to construct those improvements
Board of Trustees - Memo for Study Session Conway Farms Subdivision Phase 4 - Replat
September 8, 2020 Page 2
9. Waiver to defer the submission of a Stormwater Management Plan until such time as Lot 1001 or Lot 1002 undergo
site development 10. Waiver of the requirement to submit a Subdivision Performance Bond and its accompanying Surety PRIOR BOARD ACTION: • February 2011 The BOT approved the Final Plat for Conway Farms Subdivision Phase 4. COMMUNITY INPUT: No public hearing is required for subdivision plat cases. STAFF IMPACT: The community development department will manage the recording process for the replat. SUMMARY AND RECOMMENDED ACTION: The BOT is asked to consider approval of the Replat of Conway Farms Subdivision Phase 4. Village Staff recommends approval of the Replat subdivision and requested waivers subject to the standard conditions. The Plan and Zoning Commission (PZC) unanimously voted to recommend approval of the replat and requested waivers. A draft resolution is attached that reflects the findings of fact as recommended by the PZC. The BOT may instruct staff to make changes to the attached resolution. DEPARTMENT HEAD APPROVAL: /s/ Kelly Pfeifer, Village Planner
VILLAGE ADMINISTRATOR: /s/ Patrick Brown
Champaign County GIS ConsortiumThis map was prepared with geographic information system (GIS) data created by the Champaign County GIS Consortium (CCGISC), or other CCGISC member agency. These entities do not warrant orguarantee the accuracy or suitability of GIS data for any purpose. The GIS data within this map is intended to be used as a general index to spatial information and not intended for detailed, site-specific analysisor resolution of legal matters. Users assume all risk arising from the use or misuse of this map and information contained herein. The use of this map constitutes acknowledgement of this disclaimer.
Date: Thursday, August 27, 2020
Replat Conway Farms Subdivision Phase 4
N380Feet
20-09-04
A RESOLUTION FOR THE BOARD OF TRUSTEES
CONCERNING THE REPLAT OF CONWAY FARMS SUBDIVISION PHASE 4 VILLAGE OF MAHOMET, CHAMPAIGN COUNTY, ILLINOIS
WHEREAS, the Board of Trustees of the Village of Mahomet, pursuant to the authority conferred by the Statutes of the State of Illinois, has established certain standards and procedures for review and approval of subdivisions within the Corporate Limits of the Village of Mahomet, Illinois and within one and one-half miles thereof; and,
WHEREAS, the developer of the proposed Replat of Conway Farms Subdivision Phase 4 (Mahomet-Seymour Community Unit School District #3 (“School District”)) submitted certain documents, including a Final Plat, for review and approval by the Village of Mahomet; and
WHEREAS, a Final Plat for Conway Farms Subdivision Phase 4 was approved by the Village of Mahomet Board of Trustees February 22, 2011; and
WHEREAS, Village staff, Village Engineer and Village Attorney reviewed the Replat Final Plat and supporting technical documents for the Replat of Conway Farms Subdivision Phase 4 and found that subject to minor modifications, the documents are satisfactory and in a form that complies with the Village of Mahomet Subdivision Ordinance requirements, and made recommendations concerning approval of said Replat; and,
WHEREAS, The Village Attorney reviewed the Owner’s Certificate, County Clerk’s Tax Certificate, and other legal documents for Replat of Conway Farms Subdivision Phase 4 and found that subject to minor modifications, they comply with the Subdivision Ordinance requirements; and,
WHEREAS, the developer submitted all required documents per Ordinance; and,
WHEREAS, the following ten (10) waivers from the requirements of the Subdivision Ordinance have been requested relative to this subdivision.; 1. Waiver to defer the construction of stormwater management facilities within Outlot 1 until such time
as required due to site development activities on Lot 1001 or Lot 1002 2. Waiver to defer the construction of the south 720 feet of Churchill Road until such time as site
development upon Lot 1002 necessitates its construction 3. Waiver of the requirement to submit a Preliminary Plat4. Waiver of the requirement to submit a Subsidiary Drainage Plat5. Waiver to defer the requirement to construct public infrastructure improvements for water mains,
sanitary sewers, and storm drainage lines until such times as lot development on Lot 1001 or Lot1002 necessitates the construction of these public utilities
6. Waiver of this developer’s requirement to construct South Mahomet Road to the extent that theVillage of Mahomet is contractually obligated to construct those improvements on behalf of theSchool District.
7. Waiver of this developer’s requirement to construct an additional 950 fee of Churchill Road to theextent that the Village of Mahomet is contractually obligated to construct those improvements onbehalf of the School District.
8. Waiver of this developer’s requirement to construct bike paths along 950 feet of Churchill Road andalong South Mahomet Road to the extent that the Village of Mahomet is contractually obligated toconstruct those improvements on behalf of the School District.
Resolution for Board of Trustees Replat of Conway Farms Subdivision Phase 4
September 22, 2020 Page 2 of 3
9. Waiver to defer the submission of a Stormwater Management Plan until such time as Lot 1001 or Lot
1002 undergo site development 10. Waiver of the requirement to submit to the Village of Mahomet a Subdivision Performance Bond and
its accompanying Surety WHEREAS, the Board of Trustees met and reviewed the Replat Final Plat, the various documents submitted, and found
that they are with minor modifications, generally satisfactory and in the prescribed form. BE IT THEREFORE RESOLVED this 22nd day of September, 2020, by the Board of Trustees of the Village of Mahomet, that: A. The Board of Trustees does hereby APPROVE the Final Plat Replat of Conway Farms Subdivision Phase 4 upon
completion of modifications identified by the Village staff and does hereby authorize the President to sign the Certificate of Approval of said replat upon completion of said modifications.
B. The Board of Trustees does hereby find the following concerning the requested waivers: 1. GRANT Waiver to defer the construction of stormwater management facilities within Outlot 1 until such time
as required due to site development activities on Lot 1001 or Lot 1002 2. GRANT Waiver to defer the construction of the south 720 feet of Churchill Road until such time as site
development upon Lot 1002 necessitates its construction 3. GRANT Waiver of the requirement to submit a Preliminary Plat 4. GRANT Waiver of the requirement to submit a Subsidiary Drainage Plat 5. GRANT Waiver to defer the requirement to construct public infrastructure improvements for water mains,
sanitary sewers, and storm drainage lines until such times as lot development on Lot 1001 or Lot 1002 necessitates the construction of these public utilities
6. GRANT Waiver of this developer’s requirement to construct South Mahomet Road to the extent that the Village of Mahomet is contractually obligated to construct those improvements on behalf of the School District.
7. GRANT Waiver of this developer’s requirement to construct an additional 950 fee of Churchill Road to the extent that the Village of Mahomet is contractually obligated to construct those improvements on behalf of the School District.
8. GRANT Waiver of this developer’s requirement to construct bike paths along 950 feet of Churchill Road and along South Mahomet Road to the extent that the Village of Mahomet is contractually obligated to construct those improvements on behalf of the School District.
9. GRANT Waiver to defer the submission of a Stormwater Management Plan until such time as Lot 1001 or Lot 1002 undergo site development
10. GRANT Waiver of the requirement to submit to the Village of Mahomet a Subdivision Performance Bond and its accompanying Surety
C. The approval of the Replat recommended above is further subject to the following conditions:
1. Approval, execution and recording of the replacement Intergovernmental Agreement by the Village Board and the School District regarding the subject real estate.
2. Submission of all supporting documentation in proper form 3. The approval of the Replat recommended above is further subject to the review and approval of the Final Plat
and supporting documents as applicable by other relevant agencies and utility service providers. 4. In the event that the modifications to the Final Plat are not completed, the outside agency reviews are not
completed, all supporting documents are not submitted in final form, or the conditions set forth above are not met within sixty (60) days from the date of approval by the Board of Trustees, the approvals recommended herein shall be null and void.
Resolution for Board of Trustees Replat of Conway Farms Subdivision Phase 4
September 22, 2020 Page 3 of 3
PASSED this 22nd day of September, 2020 by the Board of Trustees of the Village of Mahomet, Illinois. APPROVED:
President, Board of Trustees Date ATTESTED:
Village Clerk Date
MEMORANDUM
TO THE
BOARD OF TRUSTEES
ITEM: Zoning Ordinance Text Amendment – Chickens Municipal Code Text Amendment – Chickens
DEPARTMENT: Community Development
AGENDA SECTION: Community Development AMOUNT: None
ATTACHMENTS: (X) Draft ZO language dated 09/01/2020 (X) Draft Municipal Code language dated 09/15/2020 (X) Draft Ordinance – ZO Text Amendment (X) Draft Ordinance – Municipal Code Amendment
DATE: Study Session September 15, 2020
INTRODUCTION: Based on community member requests, direction from the Board of Trustees and research into other local communities, Village staff prepared a draft Zoning Ordinance text amendment related to the addition of a residential accessory use which would allow the raising of chickens for personal use on single-family and two-family zoned properties (R-1A, R-1B, R-1C and R-2).
A public hearing was held for the proposed Zoning Ordinance text amendment at the September 1, 2020 Plan and Zoning Commission meeting. The ZO text amendment was presented to and discussed by the PZC. No one from the public was present (in person or over Zoom) to make comment regarding the proposed ZO text amendment. The PZC adopted a resolution (by a vote of four (4) members in favor and one (1) against) recommending approval of the proposed ZO text amendment dated September 1, 2020.
The related Municipal Code text amendment is presented to the BOT for consideration along with the Zoning Ordinance text amendment.
SUMMARY OF PROPOSED ZONING ORDINANCE TEXT AMENDMENT: • Staff evaluated accessory uses allowed within the existing Zoning Ordinance 152.046(A) Accessory
Buildings and Uses. New text and a reference to a Chickens (Hens Only) section (New 152.056) has been added for accessory buildings and uses within the R-1A, R-1B, R-1C, and R-2 districts.
• Staff created a new section 152.056 Chickens (Hens Only). The new section includes language fromexisting ordinances related to chickens from both the City of Champaign and the Village of Mansfield. Staff used language from both to develop the new section 152.056. The new section addresses licensing and permitting requirements, number of chickens allowed, care requirements, housing requirements, and penalties for non-compliance.
Board of Trustees - Memo for Study Session Zoning Ordinance and Municipal Code Text Amendment
September 15, 2020 Page 2 of 2
SUMMARY OF PROPOSED MUNICIPAL CODE TEXT AMENDMENT: • Staff evaluated other language within the municipal code related to the keeping of animals and
found that an amendment to section 92.05 Keeping Animals Other Than Domestic Pets is appropriate to support the proposed Zoning Ordinance text changes.
• Staff created new language to add to section 92.05 that would allow the keeping of chickens as long as it is in accordance with the proposed new section 152.056 Chickens (Hens Only).
APPLICABILITY OF ZONING ORDINANCE AMENDMENT: If this text amendment is approved, it does not mean that everyone living on a single-family or two-family zoned lot within the Village limits will be permitted to establish the raising of chickens as an accessory use. Many existing subdivisions within the Village have restrictive covenants that currently prohibit the raising of poultry. Anyone living in a subdivision that restricts the raising of poultry would have to work with other property owners within the subdivision, their homeowner / property owner’s association and the Village to amend those restrictive covenants prior to being able to establish chickens as an accessory use. Most subdivision covenant amendments require approval by the Board of Trustees before they can be changed. PRIOR BOARD ACTION: None STAFF IMPACT: Staff will be responsible for issuing building permits for chicken coops and runs, management of annual coop licenses along with enforcement of any compliance issues. RECOMMENDED ACTION: The PZC and Village staff recommend approval of the proposed Zoning Ordinance text amendment. The ZO draft ordinance is attached. Also, Village staff recommends approval of the proposed Municipal Code text amendment to support the proposed Zoning Ordinance text changes. Staff requests consideration of an assignment to the consent agenda at the next BOT meeting on September 22, 2020 or the BOT can request Staff to make modifications for presentation at a later meeting. DEPARTMENT HEAD APPROVAL: /s/ Kelly Pfeifer, Village Planner
VILLAGE ADMINISTRATOR: /s/ Patrick Brown
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Zoning Ordinance Text Amendment - Chickens
Add the following text under §152.046 ACCESSORY BUILDINGS AND USES (add underlined text):
§152.046 ACCESSORY BUILDINGS AND USES.
Accessory buildings and uses are permitted when in accordance with the following.
(A) In the R-1A, R-1B, R-1C and R-2 Districts, accessory buildings and uses are limited to: (1) A noncommercial greenhouse that does not exceed in floor area 25% of the ground
floor area of the main building or 750 square feet, whichever is less; (2) A private garage with a floor area not to exceed 550 square feet. An additional floor
area of 200 square feet may be provided for each 3,000 square feet or lot area by which the lot exceeds 6,000 square feet, provided that no garage shall exceed a floor area of 1,000 square feet nor house more than five automobiles;
(3) Carports with a floor area not to exceed 500 square feet; (4) Home occupation; (5) Fallout or storm shelters; (6) Vegetable or flower garden; (7) Tennis courts, swimming pool, garden house, pergola, gazebo, ornamental gate,
barbecue oven, television antennas, children’s playhouse, doghouse, fireplace, lawn furniture, storage shed, flag poles and similar uses customarily accessory to residential uses;
(8) Private driveways; (9) Any single accessory building shall not exceed a floor area of 1,000 square feet in the R-
1A, R-1B and R-2 Districts or 750 square feet in the R-1C District; (10) Any single accessory building shall not exceed 20 feet in height; (11) The total floor area of all accessory buildings shall not exceed 1,000 square feet for lots
with an area of less than 15,000 square feet. One accessory building of less than 120 square feet, which complies with location and height requirements, is permitted and is exempt from this total floor area requirement; and
(12) The total floor area of all accessory buildings for lots with an area of more than 15,000 square feet may be increased by 400 square feet for each 3,000 square feet of lot area by which the lot exceeds 15,000 square feet.
(13) A single Chicken (Hen) Coop and associated run, as permitted in § 152.056 Chickens (Hens Only)
Create the following new section §152.056 CHICKENS (HENS ONLY) (add underlined text):
§ 152.056 CHICKENS (HENS ONLY)
Any residential property used to raise chickens shall be subject to the following requirements:
(A) No person shall possess a chicken unless a license has been issued as set forth in this section.
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(B) The number of chickens allowed shall be a maximum of six (6) hens per permitted property.
(C) Roosters are prohibited within the Village limits. (D) Coops and associated runs are considered an 'accessory structure' as defined in
§152.046 Accessory Buildings and Uses and must meet all standards outlined therein. (E) PERMIT REQUIRED. Construction for all coops and runs require a building permit. (F) CARE. Care for hens shall follow the following provisions:
(1) A coop and run must be provided. (2) No hen shall be permitted to run at large. Hens shall be kept in a designated coop or
run. Hens may be allowed to exercise in a rear yard with a 6 foot (6') or higher fence with supervision. (a) If the coop and run are not within a fenced yard, hens must be kept within the
coop and run at all times. (b) All fencing must meet the standards outlined in § 152.050 (D).
(3) Feed must be stored in a fully enclosed, rodent proof container. (G) HOUSING. Housing for hens shall follow the following provisions:
(1) Location. Coops and runs shall be located only in the rear yard of a primary residential structure.
(2) Setbacks. Coops and runs shall be located at least ten feet (10') from the property line and at least twenty feet (20') from any neighboring dwelling.
(3) Height. Maximum height for a chicken coop shall be ten (10’) feet. (4) Design. The coop must be built to provide ventilation, shade, protection from
precipitation, protection from cold weather and to be secure from predators, wild birds and rodents. (a) Openings in windows and doors must be covered by wire mesh or screens to
deter predators. (b) Access doors must be sized and placed for ease of cleaning. (c) The enclosed run must be attached to the coop or must surround the coop. The
sides of the run must be made of fencing or wire mesh that discourages predators.
(d) The run must be enclosed on all sides, including the top or roof plane. (5) Size. The coop shall provide a minimum of five (5) square feet of floor area per hen.
The run shall provide a minimum of ten (10) square feet of floor area per hen. (6) Maintenance. The coop and run shall be kept in a clean, dry and sanitary condition
at all times. Manure, uneaten and discarded feed, feathers and other waste must be removed regularly and at a minimum of once per week. (a) Odors from hens, manure or related substances shall not be detectable from
property lines.
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(b) Manure must be stored and disposed of. Manure may be composted. All manure not composted must be removed from property regularly and at a minimum of once per week.
(c) Waste from hens shall not be burned. (H) LICENSE. Licenses will only be granted to persons who reside on and own parcels with
established single-family and two-family dwellings. No person shall establish a coop without first obtaining a license from the Village. Licenses shall be issued when all conditions outlined in this section are met. (1) The Village may deny a license to any person who:
(a) Owes money to the Village; or (b) Has, in the last five (5) years prior to application for a license under this section
been convicted or plead guilty to any violation of the Village Code regarding animals, noise, property maintenance or zoning.
(c) All licenses pursuant to this section shall be valid for up to one (1) year from the date of issuance and may be automatically renewed on May 1 annually if the licensee has been in compliance during the previous year. If the licensee is found to be in violation of the standards outlined in this section, the license will be allowed to expire at the end of the period. A new license will only be issued after the coop and run have been inspected and determined to meet all requirements outlined herein.
(2) If the licensee is found to be in violation of §92.04 Cruelty to Animals Prohibited, the license will be immediately and permanently revoked.
(3) Only one (1) chicken coop license will be issued per zoning lot. A zoning lot consisting of multiple platted lots shall be considered one lot.
(4) Coop licenses are non-transferrable. (5) Fee. The coop license fee shall be set from time to time by resolution of the Village
Board of Trustees. This license shall renew automatically if the licensee is in compliance with all standards set forth in this section. No charge is incurred for licenses that renew automatically.
(I) PENALTIES. In addition to the general penalty set forth in §152.999 PENALTY and in §92.99 PENALTY, the owner of any coop is subject to the following additional penalties: (1) A person found to be keeping hens without a coop license will have seven (7) days
from notification to achieve compliance with these standards. (2) A licensee found to be in violation of the standards outlined in this section will have
seven (7) days from notification to achieve compliance. If compliance is not achieved, the license will be revoked. The licensee may apply for a new license, subject to site inspection. If the licensee is found to be in compliance after inspection, a new license may be issued.
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(3) If the licensee is found to be in violation of these standards three (3) or more times, the license will be immediately and permanently revoked.
(4) Hens, coops and runs not maintained according to this section shall be deemed a public nuisance.
PAMPHLET PUBLICATION
ORDINANCE NO. 20-09-03
ORDINANCE AMENDING THE ZONING CODE
PRESENTED:
PASSED:
APPROVED:
RECORDED:
PUBLISHED:
The undersigned being the duly qualified and acting Village Clerk of the Village of Mahomet does hereby certify that this document constitutes the publication in pamphlet form, in connection with and pursuant to Section 1-2-4 of the Illinois Municipal Code, of the above-captioned ordinance and that such ordinance was presented, passed, approved, recorded and published as above stated.
_____________________________ Village Clerk
(Seal) Dated:_____________
ORDINANCE NO. 20-09-03
ORDINANCE AMENDING THE ZONING CODE
WHEREAS, the Village of Mahomet, Champaign County, Illinois (the "Village") is an Illinois
municipal corporation organized and operating pursuant to authority granted by the Constitution and
Laws of the State of Illinois;
WHEREAS, the Village has the authority to adopt ordinances and to promulgate rules and
regulations that pertain to its government and affairs, that protect the public health, safety and welfare
of its citizens;
WHEREAS, Chapter 152 of the Village Code (the "Zoning Code") comprehensively divides the
Village into districts and classifies, regulates and restricts the location of land uses by reference to such
districts;
WHEREAS, following due publication of notice on August 16, 2020 in The News-Gazette, a
public hearing concerning the proposed text amendment was commenced by the Plan and Zoning
Commission on September 1, 2020 wherein public input was solicited and provided; and
WHEREAS, following deliberation on the evidence and testimony elicited during the public
hearing the Board has considered the proposed amendments.
WHEREAS, the President and Board of Trustees (the “Corporate Authorities”) of the Village
now find it necessary, desirable and appropriate to amend certain provisions of the Zoning Code within
the Village under and pursuant to its power and authority as a Unit of Local Government and the
Illinois Municipal Code (65 ILCS 5/1-1-1 et seq.), as supplemented and amended; and
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF MAHOMET, CHAMPAIGN COUNTY, ILLINOIS, as
follows:
SECTION 1. RECITALS. The recitals listed above are incorporated in this Ordinance as the findings of the President and Board of Trustees.
SECTION 2. Amendment of Section 152.046. Section 152.046 entitled “ACCESSORY BUILDINGS AND USES” of Chapter 152 entitled “Zoning Code” of the Village Code, is hereby amended to read as follows:
§152.046 ACCESSORY BUILDINGS AND USES.
Accessory buildings and uses are permitted when in accordance with the following.
(A) In the R-1A, R-1B, R-1C and R-2 Districts, accessory buildings and uses are limited to:
(1) A noncommercial greenhouse that does not exceed in floor area 25% of the ground floor area of the main building or 750 square feet, whichever is less;
(2) A private garage with a floor area not to exceed 550 square feet. An additional floor area of 200 square feet may be provided for each 3,000 square feet or lot area by which the lot exceeds 6,000 square feet, provided that no garage shall exceed a floor area of 1,000 square feet nor house more than five automobiles;
(3) Carports with a floor area not to exceed 500 square feet;
(4) Home occupation;
(5) Fallout or storm shelters;
(6) Vegetable or flower garden;
(7) Tennis courts, swimming pool, garden house, pergola, gazebo, ornamental gate, barbecue oven, television antennas, children’s playhouse, doghouse, fireplace, lawn furniture, storage shed, flag poles and similar uses customarily accessory to residential uses;
(8) Private driveways;
(9) Any single accessory building shall not exceed a floor area of 1,000 square feet in the R-1A, R-1B and R-2 Districts or 750 square feet in the R-1C District;
(10) Any single accessory building shall not exceed 20 feet in height;
(11) The total floor area of all accessory buildings shall not exceed 1,000 square feet for lots with an area of less than 15,000 square feet. One accessory building of less than 120 square feet, which complies with location and height requirements, is permitted and is exempt from this total floor area requirement; and
(12) The total floor area of all accessory buildings for lots with an area of more than 15,000 square feet may be increased by 400 square feet for each 3,000 square feet of lot area by which the lot exceeds 15,000 square feet.
(13) A single Chicken (Hen) Coop and associated run, as permitted in § 152.056 Chickens (Hens Only)
SECTION 3. Addition of Section 152.056. Section 152.056 entitled “CHICKENS (HENS ONLY)” is added to Chapter 152 entitled “Zoning Code” of the Village Code, to read as follows:
§ 152.056 CHICKENS (HENS ONLY)
Any residential property used to raise chickens shall be subject to the following requirements:
(A) No person shall possess a chicken unless a license has been issued as set forth in this section.
(B) The number of chickens allowed shall be a maximum of six (6) hens per permitted property.
(C) Roosters are prohibited within the Village limits.
(D) Coops and associated runs are considered an 'accessory structure' as defined in §152.046 Accessory Buildings and Uses and must meet all standards outlined therein.
(E) PERMIT REQUIRED. Construction for all coops and runs require a building permit.
(F) CARE. Care for hens shall follow the following provisions:
(1) A coop and run must be provided.
(2) No hen shall be permitted to run at large. Hens shall be kept in a designated coop or run. Hens may be allowed to exercise in a rear yard with a 6 foot (6') or higher fence with supervision.
(a) If the coop and run are not within a fenced yard, hens must be kept within the coop and run at all times.
(b) All fencing must meet the standards outlined in § 152.050 (D).
(3) Feed must be stored in a fully enclosed, rodent proof container.
(G) HOUSING. Housing for hens shall follow the following provisions:
(1) Location. Coops and runs shall be located only in the rear yard of a primary residential structure.
(2) Setbacks. Coops and runs shall be located at least ten feet (10') from the property line and at least twenty feet (20') from any neighboring dwelling.
(3) Height. Maximum height for a chicken coop shall be ten (10’) feet.
(4) Design. The coop must be built to provide ventilation, shade, protection from precipitation, protection from cold weather and to be secure from predators, wild birds and rodents.
(a) Openings in windows and doors must be covered by wire mesh or screens to deter predators.
(b) Access doors must be sized and placed for ease of cleaning.
(c) The enclosed run must be attached to the coop or must surround the coop. The sides of the run must be made of fencing or wire mesh that discourages predators.
(d) The run must be enclosed on all sides, including the top or roof plane.
(5) Size. The coop shall provide a minimum of five (5) square feet of floor area per hen. The run shall provide a minimum of ten (10) square feet of floor area per hen.
(6) Maintenance. The coop and run shall be kept in a clean, dry and sanitary condition at all times. Manure, uneaten and discarded feed, feathers and other waste must be removed regularly and at a minimum of once per week.
(a) Odors from hens, manure or related substances shall not be detectable from property lines.
(b) Manure must be stored and disposed of. Manure may be composted. All manure not composted must be removed from property regularly and at a minimum of once per week.
(c) Waste from hens shall not be burned.
(H) LICENSE. Licenses will only be granted to persons who reside on and own parcels with established single-family and two-family dwellings. No person shall establish a coop without first obtaining a license from the Village. Licenses shall be issued when all conditions outlined in this section are met.
(1) The Village may deny a license to any person who:
(a) Owes money to the Village; or
(b) Has, in the last five (5) years prior to application for a license under this section been convicted or plead guilty to any violation of the Village Code regarding animals, noise, property maintenance or zoning.
(c) All licenses pursuant to this section shall be valid for up to one (1) year from the date of issuance and may be automatically renewed on May 1 annually if the licensee has been in compliance during the previous year. If the licensee is found to be in violation of the standards outlined in this section, the license will be allowed to expire at the end of the period. A new license will only be issued after the coop and run have been inspected and determined to meet all requirements outlined herein.
(2) If the licensee is found to be in violation of §92.04 Cruelty to Animals Prohibited, the license will be immediately and permanently revoked.
(3) Only one (1) chicken coop license will be issued per zoning lot. A zoning lot consisting of multiple platted lots shall be considered one lot.
(4) Coop licenses are non-transferrable.
(5) Fee. The coop license fee shall be set from time to time by resolution of the Village Board of Trustees. This license shall renew automatically if the licensee is in compliance with all standards set forth in this section. No charge is incurred for licenses that renew automatically.
(I) PENALTIES. In addition to the general penalty set forth in §152.999 PENALTY and in §92.99 PENALTY, the owner of any coop is subject to the following additional penalties:
(1) A person found to be keeping hens without a coop license will have seven (7) days from notification to achieve compliance with these standards.
(2) A licensee found to be in violation of the standards outlined in this section will have seven (7) days from notification to achieve compliance. If compliance is not achieved, the license will be revoked. The licensee may apply for a new license, subject to site inspection. If the licensee is found to be in compliance after inspection, a new license may be issued.
(3) If the licensee is found to be in violation of these standards three (3) or more times, the license will be immediately and permanently revoked.
(4) Hens, coops and runs not maintained according to this section shall be deemed a public nuisance.
SECTION 4. RESOLUTION OF CONFLICTS. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of
such conflict.
SECTION 5. SAVING CLAUSE. If any section, paragraph, clause, or provision of this Ordinance shall be held invalid, the
invalidity thereof shall not affect any of the other provisions of this Ordinance, which are
hereby declared to be separable.
SECTION 6. EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage, approval, and
publication in pamphlet form in the manner provided by law.
SECTION 7. PAMPHLET PUBLICATION. That the Village Clerk be authorized and directed to publish in pamphlet form this Ordinance.
ADOPTED by the Board of Trustees of the Village of Mahomet, Champaign County, Illinois, at
a regular meeting of said Board on September 22, 2020.
Voting “aye” (names):
Voting “nay” (names):
Abstained (names):
Absent (names):
ATTEST:
VILLAGE CLERK PRESIDENT VILLAGE OF MAHOMET
SEAL
STATE OF ILLINOIS ) COUNTY OF CHAMPAIGN ) SS VILLAGE OF MAHOMET )
CERTIFICATION OF ORDINANCE
I, the undersigned, do hereby certify that I am the duly selected, qualified and acting Village Clerk of the Village of Mahomet, Champaign County, Illinois (the “Municipality”), and as such official I am the keeper of the records and files of the Municipality and of the President and Board of Trustees (the “Corporate Authorities”).
I do further certify that the foregoing constitutes a full, true and complete excerpt from the proceedings of the meeting of the Corporate Authorities held on September 22, 2020, insofar as same relates to the adoption of Ordinance No. 20-09-03, entitled:
ORDINANCE AMENDING THE ZONING CODE
a true, correct and complete copy of which ordinance (the “Ordinance”) as adopted at such meeting appears in the proceedings of the minutes of such meeting and is hereto attached. The Ordinance was adopted and approved by the vote and on the date therein set forth.
I do further certify that the deliberations of the Corporate Authorities on the adoption of such Ordinance were taken openly, that the adoption of such Ordinance was duly moved and seconded, that the vote on the adoption of such Ordinance was taken openly and was preceded by a public recital of the nature of the matter being considered and such other information as would inform the public of the business being conducted, that such meeting was held at a specified time and place convenient to the public, that the agenda for the meeting was duly posted continuously on the Municipality’s website and at the Village Hall at least 48 hours prior to the meeting; that notice of such meeting was duly given to all of the news media requesting such notice, that such meeting was called and held in strict compliance with the provisions of the open meeting laws of the State of Illinois, as amended, and the Illinois Municipal Code, as amended, and that the Corporate Authorities have complied with all of the applicable provisions of such open meeting laws and such Code and their procedural rules in the adoption of such Ordinance.
IN WITNESS WHEREOF, I hereunto affix my official signature and the seal of the Village of Mahomet, Champaign County, Illinois, on September 22, 2020.
(SEAL) ___________________________________ Village Clerk
PAMPHLET PUBLICATION
ORDINANCE NO. 20-09-04
ORDINANCE AMENDING THE MUNICIPAL CODE
PRESENTED:
PASSED:
APPROVED:
RECORDED:
PUBLISHED:
The undersigned being the duly qualified and acting Village Clerk of the Village of Mahomet does hereby certify that this document constitutes the publication in pamphlet form, in connection with and pursuant to Section 1-2-4 of the Illinois Municipal Code, of the above-captioned ordinance and that such ordinance was presented, passed, approved, recorded and published as above stated.
_____________________________ Village Clerk
(Seal) Dated:_____________
ORDINANCE NO. 20-09-04
AN ORDINANCE REGULATING CHICKENS BY AMENDING THE EXISTING CHAPTER 92 ENTITLED “ANIMAL CONTROL” AS HEREINAFTER CITED
Adopted by the President and Board of Trustees
Of The Village of Mahomet
Champaign County, Illinois
This 22nd day of September, 2020
(Published in pamphlet form by authority of the President and Board of Trustees this day of , 2020.)
WHEREAS, the Village of Mahomet, Champaign County, Illinois (the "Village") is an Illinois municipal corporation organized and operating pursuant to authority granted by the Constitution and Laws of the State of Illinois; and
WHEREAS, the Village has the authority to adopt ordinances and to promulgate rules and regulations that pertain to its government and affairs, that protect the public health, safety and welfare of its citizens; and
NOW, THEREFORE, BE IT ORDAINED by the President and Board of Trustees of the Village of Mahomet, Champaign County, Illinois, that Chapter 92 of the Village Code of Ordinances entitled “Animal Control” be amended by adding new language under Subchapter 92.05 entitled “Keeping Animals Other Than Domestic Pets as follows:
SECTION 1 RECITALS. The recitals listed above are incorporated in this Ordinance as the findings of the President and Board of Trustees.
SECTION 2 AMENDMENTS OF SECTION 92.05. Section 92.05 entitled “KEEPING ANIMALS OTHER THAN DOMESTIC PETS” of Chapter 92 entitled “ANIMAL CONTROL” of the Village Code, is hereby amended to read as follows:
§92.05 KEEPING ANIMALS OTHER THAN DOMESTIC PETS.(A) Except as otherwise expressly provided for in this chapter, no person shall keep, harbor or
allow to be kept within village limits any livestock as well as any other poultry or byproduct birds, any type of hoofed stock, any type of farm animal including the pygmy or miniature variety, wolf, wolf-hybrid, poisonous reptile or other animal normally wild and dangerous to human life. It is no defense to a violation of this chapter that the owner or keeper of the animal has attempted to domesticate the animal.
(B) The provisions of division (A) above shall not apply to: (1) Any person involved in the interstate or intrastate transportation of livestock to market;
provided, however, the person does not remain within the village limits for more than two hours;
(2) Any person authorized by the village to operate a circus, carnival, special event, farmers market, riding stable, scientific or educational institution, research laboratory, veterinary hospital or zoo; or
(3) Any person maintaining property zoned Village F Forest Preserve District, Village AG Agriculture District or Village AC Conservation District and meeting the criteria of a “farm” as defined within the village zoning ordinance; or
(4) Any person with a valid chicken coop license, in accordance with §152.056 Chickens (Hens Only).
SECTION 3 RESOLUTION OF CONFLICTS. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict.
SECTION 4 SAVING CLAUSE. If any section, paragraph, clause, or provision of this Ordinance shall be held invalid, the invalidity thereof shall not affect any of the other provisions of this Ordinance, which are hereby declared to be separable.
SECTION 5 EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form in the manner provided by law.
SECTION 6 PAMPHLET PUBLICATION. That the Village Clerk be authorized and directed to publish in pamphlet form this Ordinance.
ADOPTED by the Board of Trustees of the Village of Mahomet, Champaign County, Illinois, at a
regular meeting of said Board on September 22, 2020.
Voting “aye” (names):
Voting “nay” (names):
Abstained (names):
Absent (names):
ATTEST:
VILLAGE CLERK PRESIDENT VILLAGE OF MAHOMET
SEAL
MEMORANDUM
TO THE
BOARD OF TRUSTEES
ITEM: Fee - Chicken Coop License DEPARTMENT: Community Development
AGENDA SECTION: Community Development AMOUNT: None
ATTACHMENTS: (X) Resolution
DATE: For study session September 15, 2020
INTRODUCTION: Staff requests consideration of the addition of a Chicken Coop License Fee related the proposed Zoning Ordinance text amendment also on the agenda. If the text amendment is approved, it would allow the establishement of raising chickens as an accessory use on single-family and two-family zoned properties within the Village. The Village Zoning Code (new proposed Section 152.056) authorizes the Board of Trustees to adopt related fees by resolution. Attached is a draft resolution for the proposed chicken coop license fee ($50.00).
BACKGROUND: Fees are assessed with applications for land use. Staff is proposing a new fee of $50.00 for applications to establish raising chickens as an accessory use on single-family and two-family zoned properties.
Staff has developed new Zoning Ordinance language (proposed new section 152.056) which, if approved, would allow raising chickens as an accessory use for signle-family and two-family zoned properties. This proposed fee addition is only needed if the related Zoning Oridnance text amendment is approved. If the text amendment is denied then no action is needed on this additional fee.
The license fee amount proposed ($50.00) is consistant with what other area communities charge to obtain Chicken Coop licenses. All coop / run structures will also require a building permit, which would fall under our standard $50 minimum building permit application fee for accessory structures.
PRIOR BOARD ACTION / COMMUNITY INPUT: None.
BUDGET IMPACT: None.
STAFF IMPACT: Staff will be responsible for processing Chicken Coop license applications.
RECOMMENDED ACTION: A draft resolution is provided for consideration if the related Zoning Ordinance text amendment is approved. Staff is prepared to alter, upon request by the Board, the proposed fee.
DEPARTMENT HEAD APPROVAL: /s/ Kelly Pfeifer
VILLAGE ADMINISTRATOR: Patrick Brown
RESOLUTION 20-09-05
A RESOLUTION ESTABLISHING CHICKEN COOP LICENSE FEE FOR THE VILLAGE OF MAHOMET, ILLINOIS
WHEREAS, the Village of Mahomet is committed to orderly, appropriate and consistent development within the Village of Mahomet and surrounding area; and
WHEREAS, the Village of Mahomet has determined that fees shall be established for the establishment of a chicken coop as an accessory use in single-family and two-family zoning classifications; and
WHEREAS, the Village of Mahomet Zoning Code (Section 152.056) authorizes the Board of Trustees to establish a chicken coop license fee; and
Be it therefore resolved by the Board of Trustees of the Village of Mahomet this 22nd day of September 2020 as follows:
A. The following fee shall be due and payable concerning the application for a chicken coop license:
Chicken Coop License Fee - $50.00
B. The above outlined fee shall be due and payable at the time of submission of an application for a chicken coop license for review and approval.
C. Establishment of a chicken coop and issuance of a chicken coop license by Village staff may not proceed until all appropriate license fees and any applicable building permit application fees have been paid.
D. All conflicting resolutions, or parts thereof, which are in conflict with the provisions of this Resolution are hereby repealed.
E. The chicken coop license fee set forth herein shall be in full force and effect upon passage and approval of this resolution.
Passed this 22nd day of September 2020 by the Board of Trustees of the Village of Mahomet, Illinois.
Approved: Yeas President of the Board of Trustees
Nays Date
Attested: Village Clerk
Date
Sun Mon Tue Wed Thu Fri Sat
1 2 3 ALL MEETINGS ARE HELD AT: THE VILLAGE OF MAHOMET ADMINISTRATIVE
