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TO: Mayor Thomas J. Weisner
FROM: Stephane A. Phifer, Planning and Zoning Director
DATE: April 15, 2014
SUBJECT:
A Resolution Authorizing Execution of the Second Amendment to the Intergovernmental Agreement between the City of Aurora and the Fox Valley Park District for RiverEdge Park (The City of Aurora and the Fox Valley Park District - AU22/2-14.113-AG/R - SP - Ward 1)
PURPOSE:
Attached is a resolution authorizing the execution of an amendment to the intergovernmental agreement with the Fox Valley Park District to allow for a three-year program in regards to the occasional detouring of the Fox River Trail adjacent to the RiverEdge Park Music Garden.
BACKGROUND:
On April 23, 2013, with resolution R13-119, the City of Aurora approved the first amendment to the Intergovernmental Agreement by with the Fox Valley Park District originally approved on May 12, 2009 with R09-202. The first amendment was a one-year pilot program to allow for the occasional detouring of the Fox River Trail adjacent to RiverEdge Park.
DISCUSSION:
The proposed second amendment to the existing Intergovernmental Agreement for RiverEdge Park would expand the previously approved one-year pilot program for additional three years from the date of the second amendment.
The three year program includes provisions for potential detours for no more than five events a year with the a limit on the duration of the detour beginning no more than one hour prior and ending no more than one hour after an event. Specific events and potential dates are not known at this time however prior to any detour request the Aurora Civic Center Authority (ACCA) will present the Fox Valley Park District with a proposed detour plan similar to the one currently being used which guides bicycle and pedestrian patrons to the west river path.
The Fox Valley Park District Board will be entertaining the proposed amendment at an upcoming board meeting.
IMPACT STATEMENT:
The Planning and Zoning Division would anticipate that this amendment to the intergovernmental agreement will have a positive impact on the City's health, welfare, overall tax base and viability.
RECOMMENDATIONS:
Staff recommends approval of t Resolution Authorizing Execution of the Second Amendment to the Intergovernmental Agreement between the City of Aurora and the Fox Valley Park District for RiverEdge Park.
cc: Alderman Saville, Chairman
Alderman Donnell
Alderman Irvin
Alderman Hart-Burns, Alternate
CITY OF AURORA, ILLINOIS
RESOLUTION NO. _________
DATE OF PASSAGE ________________
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A Resolution Authorizing Execution of the Second Amendment to the Intergovernmental Agreement between The City of Aurora and The Fox Valley Park District for RiverEdge Park
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WHEREAS, the City of Aurora has a population of more than 25,000 persons and is, therefore, a home rule unit under subsection (a) of Section 6 of Article VII of the Illinois Constitution of 1970; and
WHEREAS, subject to said Section, a home rule unit may exercise any power and perform any function pertaining to its government and affairs for the protection of the public health, safety, morals, and welfare; and
WHEREAS, on May 12, 2009 by R09-202 Fox Valley Park District and the City of Aurora entered into an Intergovernmental Agreement for RiverEdge Park; and
WHEREAS, on April 23, 2013, by R13-119Fox Valley Park District and the City of Aurora approved an amendment to said Intergovernmental Agreement for RiverEdge Park; and
WHEREAS, the parties are in agreement that said Intergovernmental Agreement be amended for a second time as set forth in Exhibit "A", to provide for the detouring of pedestrian and bicycle traffic for certain events pursuant to the provisions of this amendment; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Aurora, Illinois, finds as facts all of the preamble recitals of this Resolution and hereby are authorized to execute the attached Second Amendment with regards to R09-202.
PASSED AND APPROVED on ______________.
AYES ____ NAYS ____ NOT VOTING ____ ABSENT ____
____________________________ __________________________
Alderman Bohman, Ward 1 Alderman Garza, Ward 2
____________________________ __________________________
Alderman Mesiacos, Ward 3 Alderman Donnell, Ward 4
____________________________ __________________________
Alderman Peters, Ward 5 Alderman Saville, Ward 6
____________________________ __________________________
Alderman Hart-Burns, Ward 7 Alderman Mervine, Ward 8
____________________________ __________________________
Alderman Bugg, Ward 9 Alderman Johnson, Ward 10
____________________________ __________________________
Alderman Irvin, At Large Alderman O'Connor, At Large
ATTEST:
____________________________ __________________________
City Clerk Mayor
Legistar Number: 14-00315
ATTACHMENTS:
Exhibit "A" Second Amendment
EXHIBIT "A"
SECOND AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF AURORA AND THE FOX VALLEY PARK DISTRICT FOR RIVEREDGE PARK
The parties hereto have previously entered into the above referenced Intergovernmental Agreement ("Agreement"), which was approved by the City of Aurora by R09-202 on May 12, 2009 and which was amended in 2013 by the First Amendment thereto as part of a pilot program between them.
WHEREAS, the parties hereto wish to amend said Agreement as hereinafter set forth; and
NOW THEREFORE, for good, valuable and legal consideration the receipt and sufficiency of which is hereby acknowledged the parties hereto agree to amend the Parties' Agreement dated May 12, 2009 and adopted by City of Aurora Resolution Number R09-202 is amended for three (3) years from the date of this amendment to provide following additional provision to Section 2.A. of said Agreement:
(iv) the right of the FVPD and its patrons and the general public to the right of access over and upon the Fox River Trail portion of the FVPD PARCELS at all times, with the exception of short-term detours for a limited number of events, ("Event Detours"), provided that during said Event Detours alternative open routes for the bicyclists and pedestrians be made available, and that the detours shall be limited in duration to no more than one (1) hour prior to the gates opening for the event and ending no more than one (1) hour after the close of the event. The parties shall cooperate in laying out a proposed detour route prior to each season. The number of Event Detours allowed shall be limited to up to five (5) events in the calendar year. Event Detours shall only be requested when projected event attendance requires trail closure to provide extra seating capacity. The dates of the Event Detours shall be subject to the approval of the FVPD and effort will be made by the CITY to present all of the proposed Event Detours to the FVPD prior to the beginning of the summer season (i.e., on or before April 15 of each year, if possible), with any late booking opportunities being submitted a minimum of thirty (30) days prior to the proposed Event Detour. The City shall include a reference to the detours to be in effect in its website description or advertising for the events involving Event Detours. The City shall place appropriate temporary signs at least 24 hours prior to the Event Detours alerting users to the scheduled detour and shall promptly remove the signs after the events involving Event Detours, as well as providing sufficient security to maintain safety at the detour point. The City shall be responsible for post-concert cleanup of all trail areas of the District affected by the Event Detours within 24 hours of the Event Detours, including, but not limited to the District's portion of the Fox River Trail between Illinois Avenue and New York Street.
With the exception of those additions and modifications to Section 2.A., as noted above, the remaining provisions of the Intergovernmental Agreement previously approved and adopted by City of Aurora resolution R09-202 shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have set their hands and seals the day and year written below and the signatories hereto represent that they are duly authorized to execute the Agreement Amendment on behalf of their respective bodies.
(SIGNATURE PAGES TO FOLLOW)