Elgin City Council met Oct. 24.
Here is the minutes provided by the council:
The regular meeting of the Council of the City of Elgin, Illinois, was held on October 24, 2018, in the Council Chambers. The meeting was called to order by Mayor Kaptain at 7:00 p.m. The Invocation was given by Kiran Rasul, and the Pledge of Allegiance was led by Aaron Neal, Public Works Superintendent.
ROLL CALL
Roll call was answered by Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Absent: None.
MINUTES OF THE OCTOBER 10, 2018, COUNCIL MEETING APPROVED AS DISTRIBUTED
Councilmember Dixon made a motion, seconded by Councilmember Martinez, to approve the October 10, 2018, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
COMMUNICATIONS
National Red Ribbon Week Proclamation Mayor Kaptain read the following proclamation:
PROCLAMATION
WHEREAS, alcohol and drug abuse in this Nation have reached epidemic stages; and
WHEREAS, it is imperative that visible, unified prevention education efforts by community members be launched to eliminate the demand for drugs; and
WHEREAS, the National Red Ribbon Campaign offers citizens the opportunity to demonstrate their commitment to drug-free lifestyles; and
WHEREAS, the National Red Ribbon Campaign will be celebrated in every community in America during Red Ribbon Week, October 23-31; and
WHEREAS, business, government, parents, law enforcement, media, medical institutions, religious institutions, schools, senior citizens, service organizations, and youth will demonstrate their commitment to healthy, drug-free lifestyles by wearing and displaying red ribbons during this week-long campaign; and
WHEREAS, the Coalition for a Safe & Healthy Elgin further commits its resources to ensure the success of the Red Ribbon Campaign.
NOW, THEREFORE, I, David Kaptain, Mayor of Elgin, do hereby proclaim October 23-31, as RED RIBBON WEEK, and encourage all citizens to participate in drug prevention education activities, not only during Red Ribbon Week, but all year long, making a visible statement that we are strongly committed to a drug-free Elgin.
IN WITNESS WHEREOF, I have hereunto set my hand this 24th day of October, 2018.
s/ David J. Kaptain Mayor
World Polio Day Proclamation
Mayor Kaptain read the following proclamation:
PROCLAMATION
WHEREAS, the Elgin Breakfast Rotary Club and The Rotary Club of Elgin, Noon are members of Rotary International, the world’s first, and still one of its largest, non-profit service organizations, founded in Chicago, Illinois, in 1905; and
WHEREAS, the Rotary motto “Service Above Self” inspires members to provide humanitarian service, encourages high ethical standards, and promotes good will and peace in the world; and
WHEREAS, Rotary in 1985 launched Polio Plus and spearheaded the Global Polio Eradication Initiative, which today includes the World Health Organization, U.S. Centers for Disease Control and Prevention, UNICEF and the Bill & Melinda Gates Foundation, to immunize all the children of the world against polio; and
WHEREAS, polio cases have dropped by over 99.9 percent since 1988, and the world now stands on the threshold of eradicating this dread disease and thereby eliminating the threat of polio-caused paralysis to every child in the world; and
WHEREAS, members of the Elgin Breakfast Rotary Club and The Rotary Club of Elgin, Noon continue to contribute their time and their resources to support Polio Plus and the Global Polio Eradication Initiative; and
WHEREAS, their efforts are providing much needed operational support, medical personnel, laboratory equipment and educational materials for health workers and parents.
NOW, THEREFORE, I, David Kaptain, Mayor of the City of Elgin, Illinois, do hereby proclaim October 24, 2018, as World Polio Day in Elgin and encourage all residents to join the Rotarians of our local clubs in the fight for a polio-free world.
IN WITNESS WHEREOF, I have hereunto set my hand this 24th day of October, 2018.
s/ David J. Kaptain Mayor
RECOGNIZE PERSONS PRESENT
Kari Christensen and Eric Larson of the Elgin Youth Symphony Orchestra provided a status update on the organization and details regarding the upcoming season.
BID 18-49 AWARDED TO CARBON ACTIVATED CORPORATION FOR GAC FILTER MEDIA REMOVAL AND REPLACEMENT
Councilmember Gavin made a motion, seconded by Councilmember Martinez, to award the GAC filter media removal and replacement bid to Carbon Activated Corporation in the amount of $169,300 in order to enhance the City’s water treatment by exchanging the spent granular activated carbon to continue to provide high quality water. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
SUBURBAN PURCHASING COOPERATIVE CONTRACT APPROVED WITH KUNES COUNTRY FORD FOR THE PURCHASE OF A TRANSIT CONNECT CARGO VAN
Councilmember Shaw made a motion, seconded by Councilmember Dixon, to approve a contract with Kunes Country Ford in the amount of $20,776 for the replacement of a transit connect cargo van for the building maintenance department. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
PETITION 12-18 APPROVED FOR 1451 SHELDON DRIVE, FOR A PLANNED DEVELOPMENT AS A MAP AMENDMENT FOR THE CONSTRUCTION OF A NEW 477,155-SQUARE FOOT SPEC WAREHOUSE AND DISTRIBUTION BUILDING
Marc Mylott, Community Development Director, provided an overview of the project that would grant a map amendment for a spec warehouse and distribution building. The Planning and Zoning Commission and staff recommend approval subject to the conditions outlined.
There was discussion regarding the proximity to residential areas, the types of businesses that would occupy the space, and the impact on the area traffic.
Councilmember Powell made a motion, seconded by Councilmember Dixon, to approve Petition 12-18 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
PETITION 32-18 APPROVED FOR 2661 GALVIN COURT, FOR AN AMENDMENT TO THE EXISTING AREA OF SPECIAL CHARACTER TO ALLOW A SECOND MONUMENT GRAPHIC ALONG I-90 TOLLWAY FOR NEWHAVEN DISPLAY, INC.
Marc Mylott, Community Development Director, provided an overview of the project that would amend an area of special character to allow an additional monument graphic. The Planning and Zoning Commission and staff recommend approval subject to the conditions outlined.
Councilmember Shaw made a motion, seconded by Councilmember Steffen, to approve Petition 32-18 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
PETITION 35-18 APPROVED FOR 550 TOLLGATE RD, FOR A MAP AMENDMENT TO PLANNED DEVELOPMENT TO REDUCE THE PARKING REQUIREMENT FOR THE CONSTRUCTION OF A NEW 60,860-SQUARE FOOT OFFICE AND WAREHOUSE BUILDING
Marc Mylott, Community Development Director, provided an overview of the project that would allow for a reduction in the parking requirement. The Planning and Zoning Commission and staff recommend approval subject to the conditions outlined.
Councilmember Gavin made a motion, seconded by Councilmember Martinez, to approve Petition 35-18 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
RESOLUTION 18-123 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH VERMONT SYSTEMS, INC. FOR SOFTWARE LICENSE, MAINTENANCE AND SUPPORT SERVICES
Councilmember Shaw made a motion, seconded by Councilmember Martinez, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
Resolution No. 18-123
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH VERMONT SYSTEMS, INC. FOR SOFTWARE LICENSE, MAINTENANCE AND SUPPORT SERVICES
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard G. Kozal, City Manager, be and is hereby authorized and directed to execute an Agreement on behalf of the City of Elgin with Vermont Systems Inc. for software license, maintenance and support services, a copy of which is attached hereto and made a part hereof by reference.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: October 24, 2018 Adopted: October 24, 2018 Vote: Yeas: 8 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
RESOLUTIONS 18-120 THROUGH 18-122 AND ORDINANCES G62-18 THROUGH G64-18 REMOVED FROM THE CONSENT AGENDA AND TABLED
Councilmember Steffen made a motion, seconded by Councilmember Shaw, to remove Resolutions 18-120 through 18-122 and Ordinances G62-18 through G64-18 from the Consent Agenda and table them for further review. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
RESOLUTION 18-120 TABLED AUTHORIZING EXECUTION OF A SECOND AMENDMENT TO ANNEXATION AGREEMENT WITH D.R. HORTON, INC.- MIDWEST AND TALL OAKS INVESTMENTS, LLC (TALL OAKS SUBDIVISION – 101 RUSSELL ROAD – UNITS 3 AND 5)
Councilmember Steffen made a motion, seconded by Councilmember Shaw, to remove from the Consent Agenda and table the resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
ORDINANCE G62-18 TABLED AMENDING ORDINANCE NO. G1-08 RECLASSIFYING TERRITORY IN THE PSFR2 PLANNED SINGLE FAMILY RESIDENCE DISTRICT TO A NEW PSFR2 PLANNED SINGLE FAMILY RESIDENCE DISTRICT (TALL OAKS SUBDIVISION UNIT 3)
Councilmember Steffen made a motion, seconded by Councilmember Shaw, to remove from the Consent Agenda and table the resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
ORDINANCE G63-18 TABLED AMENDING ORDINANCE NO. G2-08 WHICH AMENDED ORDINANCE NO. G15-04 CLASSIFYING TERRITORY IN THE PCF PLANNED COMMUNITY FACILITY DISTRICT (TALL OAKS SUBDIVISION UNIT 3)
Councilmember Steffen made a motion, seconded by Councilmember Shaw, to remove from the Consent Agenda and table the ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
ORDINANCE G64-18 TABLED AMENDING PMFR PLANNED MULTIPLE FAMILY RESIDENCE DISTRICT ORDINANCE NO. G3-08 (TALL OAKS SUBDIVISION UNIT 5)
Councilmember Steffen made a motion, seconded by Councilmember Shaw, to remove from the Consent Agenda and table the ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
RESOLUTION 18-121 TABLED APPROVING FINAL PLAT OF SUBDIVISION FOR FINAL PLAT OF SUBDIVISION TALL OAKS SUBDIVISION UNIT 3
Councilmember Steffen made a motion, seconded by Councilmember Shaw, to remove from the Consent Agenda and table the resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
RESOLUTION 18-122 TABLED APPROVING FINAL PLAT OF SUBDIVISION FOR FINAL PLAT OF SUBDIVISION TALL OAKS SUBDIVISION UNIT 5
Councilmember Steffen made a motion, seconded by Councilmember Shaw, to remove from the Consent Agenda and table the resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
CONSENT AGENDA
By unanimous consent, Councilmember Gavin made a motion, seconded by Councilmember Powell, to pass Ordinance Nos. G60-18 and G61-18 and adopt Resolution Nos. 18-114 through 18-119 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
RESOLUTION 18-114 ADOPTED AUTHORIZING THE PROPOSAL OF BLUE CROSS BLUE SHIELD OF ILLINOIS FOR THE CITY OF ELGIN'S HMO AND PPO MEDICAL INSURANCE PROGRAM AND AUTHORIZING THE EXECUTION OF DOCUMENTS RELATED THERETO
Councilmember Gavin made a motion, seconded by Councilmember Powell, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
Resolution No. 18-114
RESOLUTION
AUTHORIZING THE PROPOSAL OF BLUE CROSS BLUE SHIELD OF ILLINOIS FOR THE CITY OF ELGIN'S HMO AND PPO MEDICAL INSURANCE PROGRAM AND AUTHORIZING THE EXECUTION OF DOCUMENTS RELATED THERETO
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the City of Elgin hereby accepts the proposal of Blue Cross Blue Shield of Illinois for the City of Elgin's HMO and PPO medical insurance program for the period of January 1, 2019 through December 31, 2019.
BE IT FURTHER RESOLVED that Richard G. Kozal, City Manager, be and is hereby authorized and directed to execute all documents necessary and incident to such proposal of Blue Cross Blue Shield of Illinois for the City of Elgin's HMO and PPO medical insurance program.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: October 24, 2018 Adopted: October 24, 2018 Omnibus Vote: Yeas: 8 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
RESOLUTION 18-115 ADOPTED AUTHORIZING EXECUTION OF A PURCHASE AGREEMENT WITH IMAGING OFFICE SYSTEMS, INC. TO CONVERT MICROFILM TO DIGITAL IMAGING
Councilmember Gavin made a motion, seconded by Councilmember Powell, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
Resolution No. 18-115
RESOLUTION
AUTHORIZING EXECUTION OF A PURCHASE AGREEMENT WITH IMAGING OFFICE SYSTEMS, INC. TO CONVERT MICROFILM TO DIGITAL IMAGING
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard G. Kozal, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute a Purchase Agreement on behalf of the City of Elgin with Imaging Office Systems Inc. to convert microfilm to digital imaging, a copy of which is attached hereto and made a part hereof by reference.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: October 24, 2018 Adopted: October 24, 2018 Omnibus Vote: Yeas: 8 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
RESOLUTION 18-116 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH BURNS & MCDONNELL ENGINEERING COMPANY, INC. FOR PROFESSIONAL SERVICES IN CONNECTION WITH PERFORMING A STUDY OF THE EXISTING RIVER INTAKE FOR THE LEO NELSON RIVERSIDE WATER TREATMENT PLANT
Councilmember Gavin made a motion, seconded by Councilmember Powell, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
Resolution No. 18-116
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH BURNS & MCDONNELL ENGINEERING COMPANY, INC. FOR PROFESSIONAL SERVICES IN CONNECTION WITH PERFORMING A STUDY OF THE EXISTING RIVER INTAKE FOR THE LEO NELSON RIVERSIDE WATER TREATMENT PLANT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard G. Kozal, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute an Agreement on behalf of the City of Elgin with Burns & McDonnell Engineering Company Inc. for professional services in connection with performing a study of the existing river intake for the Leo Nelson Riverside Water Treatment Plan, a copy of which is attached hereto and made a part hereof by reference.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: October 24, 2018 Adopted: October 24, 2018 Omnibus Vote: Yeas: 8 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
RESOLUTION 18-117 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH O'BRIEN & GERE ENGINEERS, INC. FOR ENVIRONMENTAL REMEDIATION INCLUDING SOIL REMEDIATION AND ASSOCIATED SERVICES REGARDING THE CITY-OWNED PROPERTIES LOCATED AT 464 MCBRIDE STREET AND 520 MCBRIDE STREET
Councilmember Gavin made a motion, seconded by Councilmember Powell, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
Resolution No. 18-117
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH O'BRIEN & GERE ENGINEERS, INC. FOR ENVIRONMENTAL REMEDIATION INCLUDING SOIL REMEDIATION AND ASSOCIATED SERVICES REGARDING THE CITY-OWNED PROPERTIES LOCATED AT 464 MCBRIDE STREET AND 520 MCBRIDE STREET
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that pursuant to Elgin Municipal Code Section 5.02.020B(9) the City Council hereby finds that an exception to the requirements of the procurement ordinance is necessary and in the best interest of the city; and
BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard G. Kozal, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with O'Brien & Gere Engineers Inc. for environmental remediation including soil remediation and associated services regarding the city-owned properties located at 464 McBride Street and 520 McBride Street, a copy of which is attached hereto and made a part hereof by reference.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: October 24, 2018 Adopted: October 24, 2018 Omnibus Vote: Yeas: 8 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
RESOLUTION 18-118 ADOPTED APPROVING SETTLEMENTS OF CERTAIN WORKERS' COMPENSATION CASES
Councilmember Gavin made a motion, seconded by Councilmember Powell, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
Resolution No. 18-118
RESOLUTION
APPROVING SETTLEMENTS OF CERTAIN WORKERS' COMPENSATION CASES
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the proposed settlement of the pending workers' compensation case of Cyril Mikelson, Case No. 17 WC 25225, in the total amount of $56,293.57 is approved.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: October 24, 2018 Adopted: October 24, 2018 Omnibus Vote: Yeas: 8 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
RESOLUTION 18-119 ADOPTED APPROVING SETTLEMENTS OF CERTAIN CLAIMS
Councilmember Gavin made a motion, seconded by Councilmember Powell, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
Resolution No. 18-119
RESOLUTION
APPROVING SETTLEMENTS OF CERTAIN CLAIMS
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the proposed settlement of the claim of Sean Farrell which includes payment in the total amount of $130,000 is approved.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: October 24, 2018 Adopted: October 24, 2018 Omnibus Vote: Yeas: 8 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
ORDINANCE G60-18 PASSED RECLASSIFYING TERRITORY IN THE AB AREA BUSINESS DISTRICT TO PAB PLANNED AREA BUSINESS DISTRICT (1023 NORTH RANDALL ROAD)
Councilmember Gavin made a motion, seconded by Councilmember Powell, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
Ordinance No. G60-18
AN ORDINANCE
RECLASSIFYING TERRITORY IN THE AB AREA BUSINESS DISTRICT TO PAB PLANNED AREA BUSINESS DISTRICT
(1023 North Randall Road)
WHEREAS, written application has been made to reclassify certain property located at 1023 N. Randall Road from AB Area Business District to PAB Planned Area Business District; and
WHEREAS, the zoning lot with the building containing the premises at 1023 N. Randall Road is legally described herein (the “Subject Property”); and
WHEREAS, after due notice in the manner provided by law the Planning and Zoning Commission conducted a public hearing on September 10, 2018 concerning said application; and
WHEREAS, the Community Development Department and the Planning and Zoning Commission have submitted their Findings of Fact concerning said application; and
WHEREAS, the Community Development Department and the Planning and Zoning Commission recommend approval of said application, subject to the conditions articulated below; and
WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and recommendations of the Community Development Department and the Planning and Zoning Commission; and
WHEREAS, the City of Elgin is a home rule unit and as a home rule unit may exercise any power and perform any function pertaining to its government and affairs; and
WHEREAS, zoning, including, but not limited to, this ordinance granting a planned development as a map amendment from AB Area Business District to PAB Planned Area Business District pertains to the government and affairs of the city.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS:
Section 1. That the City Council of the City of Elgin hereby adopts the Findings of Fact, dated September 10, 2018, and the recommendations made by the Community Development Department and the Planning and Zoning Commission, a copy of which is attached hereto and made a part hereof by reference as Exhibit A.
Section 2. That Chapter 19.07 Zoning Districts, Section 19.08.020 entitled “Official Zoning District Map” of the Elgin Municipal Code, as amended, be and the same is hereby further amended by adding thereto the following paragraph:
The boundaries hereinafter laid out in the “Zoning District Map”, as amended, be and are hereby altered by including in the PAB Planned Area Business District the following described property:
Lots 568 thru 572 inclusive, (excepting therefrom the Easterly 234.00 Feet of said Lots 569 thru 572 inclusive and the Southerly 39.06 Feet of the Easterly 234.00 Feet of aforesaid Lot 568) in Valley Creek, Unit No. 15, being a resubdivision of parts of Lots 567 and 566 of Valley Creek, Unit No. 14, being a subdivision of part of Section 9, Township 41 North, Range 8, East of the Third Principal Meridian, situated in the City of Elgin, Kane County, Illinois. (Commonly known as 1023 N. Randall Road).
Section 3. That the City Council of the City of Elgin hereby grants the rezoning from AB Area Business District to PAB Planned Area Business District at 1023 N. Randall Road which shall be designed, developed, and operated subject to the following provisions:
A. Purpose and Intent. The purpose of the PAB Planned Area Business District is to provide commodities and services to several neighborhoods, and in some instances to a communitywide or regional supporting population, subject to the provisions of Chapter 19.60 “Planned Developments” of the Elgin Municipal Code, as amended. A PAB zoning district is most similar to, but departs from the standards requirements of the AB zoning district.
B. Supplementary Regulations. Any word or phrase contained herein, followed by the symbol “[SR]”, shall be subject to the definitions and the additional interpretive requirements provided in Chapter 19.90 “Supplementary Regulations”, of the Elgin Municipal Code, as amended. The exclusion of such symbol shall not exempt such word or phrase from the applicable supplementary regulation.
C. General Provisions. In this PAB Planned Area Business District, the use and development of land and structures shall be subject to the provisions of Chapter 19.05 “General Provisions”, of the Elgin Municipal Code, as amended.
D. Zoning Districts; Generally. In this PAB Planned Area Business District, the use and development of land and structures shall be subject to the provisions of Chapter 19.07 “Zoning Districts”, of the Elgin Municipal Code, as amended.
E. Location and Size of District. PAB Planned Area Business Districts should be located in substantial conformance to the official comprehensive plan. The amount of land necessary to constitute a separate PAB Planned Area Business District exclusive of rights of way, but including adjoining land or land directly opposite a right of way shall not be less than two (2) acres. No departure from the required minimum size of a planned industrial district shall be granted by the City Council.
F. Land Use. In this PAB Planned Area Business District, the use and development of land and structures shall be subject to the provisions of Chapter 19.10 “Land Use”, of the Elgin Municipal Code, as amended. The following enumerated “land uses” [SR] shall be the only land uses allowed as a “permitted use” [SR], as a “conditional use” [SR], or as a “similar use” [SR] in this PAB Planned Area District:
1. Permitted Uses. Those land uses enumerated as permitted uses within the AB Area Business District, Section 19.35.430. A., Land Use, of the Elgin Municipal Code, as it may be amended from time to time.
2. Conditional Uses. Those land uses enumerated as conditional uses within the AB Area Business District, Section 19.35.430. B., Land Use, of the Elgin Municipal Code, as it may be amended from time to time.
3. Similar Uses. Those land uses enumerated as similar uses within the AB Area Business District, Section 19.35.430. C., Land Use, of the Elgin Municipal Code, as it may be amended from time to time.
G. Site Design. In this PAB Planned Area Business District, the use and development of land and structures shall be subject to the provisions of Section 19.12, “Site Design”, of the Elgin Municipal Code, as amended, and Section 19.35.435 “Site Design” for AB Area Business District, of the Elgin Municipal Code, as amended, except as provided within this section, and shall be in substantial conformance with the following documents:
1. Substantial conformance to the Development Application submitted by JAS Development – Elgin, LLC, as applicant, and Kane Holdings LLC, as property owner, received March 23, 2018, and supporting documents including:
a. Undated Conditional Use Statement of Purpose and Conformance, received August 6, 2018;
b. Undated Operational Description from the Learning Experience, received July 2, 2018; th
c. Plat of Survey, prepared by Greengard Inc., dated January 26 , 2018;
d. Aerial and Site Plan Exhibit, prepared by Greengard Inc., dated July 3, 2018;
e. Landscape Plan, prepared by David R. McCallum Associates Inc., dated March 20, 2018, last revised July 27, 2018;
f. Schematic Floor Plan, prepared by Jarmel Kizel Architects and Engineers, Inc., dated July 27, 2018;
g. Schematic Building Elevations plan, prepared by Jarmel Kizel Architects and Engineers Inc., dated July 27, 2018;
h. Site Details plan, prepared by Jarmel Kizel Architects and Engineers Inc., dated July 27, 2018;
i. Undated Main Entry Details plan, received July 2, 2018;
j. Undated Signage Details plan, prepared by Jarmel Kizel Architects and Engineers Inc., received July 2, 2018;
k. Two-page TLE Elgin Civil Set, prepared by Telser Lighting Associates, dated July 27, 2018;
l. Plat of Easement Grant, prepared by Greengard Inc., dated August 2, 2018;
m. Proposed Site Improvements for The Learning Experience plans, prepared by Greengard Inc., dated March 23, 2018, last revised August 2, 2018; and
n. Stormwater Management Report, The Learning Experience Elgin, IL, prepared by Greengard Inc., dated May 17, 2018.
In the event of any conflict between such documents and the terms of this ordinance or other applicable city ordinances, the terms of this ordinance or other applicable city ordinances shall supersede and control.
2. Compliance with all applicable codes and ordinances.
H. Off Street Parking. In this PAB Planned Area Business District, off-street parking shall be subject to the provisions of Chapter 19.45 “Off Street Parking”, of the Elgin Municipal Code, as amended.
I. Off Street Loading. In this PAB Planned Area Business District, off-street loading shall be subject to the provisions of Chapter 19.47 “Off Street Loading”, of the Elgin Municipal Code, as amended.
J. Signs. In this PAB Planned Area Business District, signs shall be subject to the provisions of 19.50 “Street Graphics”, of the Elgin Municipal Code, as amended, with the following departure:
1. A maximum of three wall graphics are permitted to be installed in substantial compliance with the Undated Main Entry Details plan, received July 2, 2018, and Schematic Building Elevations plan, prepared by Jarmel Kizel Architects and Engineers Inc., dated July 27, 2018.
K. Nonconforming Uses and Structures. In this PAB Planned Area Business District, nonconforming uses and structures shall be subject to the provisions of Chapter 19.52 “Nonconforming Uses and Structures” of the Elgin Municipal Code, as amended.
L. Amendments. In this PAB Planned Area Business District, text and map amendments shall be subject to the provisions of Chapter 19.55 “Amendments” of the Elgin Municipal Code, as amended
M. Planned Developments. In this PAB Planned Area Business District the use and development of the land and structures shall be subject to the provisions of Chapter 19.60 “Planned Developments” of the Elgin Municipal Code, as amended. A conditional use for a planned development may be requested by the property owner without requiring an amendment to this PAB zoning district.
N. Conditional Uses. In this PAB Planned Area Business District, conditional uses shall be subject to the provisions of Chapter 19.65 “Conditional Uses”, of the Elgin Municipal Code, as amended. A conditional use may be requested by the property owner without requiring an amendment to this PAB zoning district.
O. Variations. In this PAB Planned Area Business District, variations shall be subject to the provisions of Chapter 19.10.500 “Authorized Land Use Variations”, Chapter 19.12.800 “Authorized Site Design Variations”, and Chapter 19.70 “Variations”, of the Elgin Municipal Code, as amended. A variation may be requested by the property owner without requiring an amendment to this PAB zoning district.
P. Appeals. Any requirement, determination, or interpretation associated with the administration and enforcement of the provisions of this ordinance may be appealed subject to the provisions of Chapter 19.75 “Appeals”, of the Elgin Municipal Code, as amended.
Section 4. That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: October 24, 2018 Passed: October24,2018 Omnibus Vote: Yeas: 8 Nays: 0 Recorded: October 24, 2018 Published: October 26, 2018
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
ORDINANCE G61-18 PASSED GRANTING A CONDITIONAL USE FOR A CHILD DAYCARE SERVICE IN THE PAB PLANNED AREA BUSINESS DISTRICT AND ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT (1023 NORTH RANDALL ROAD)
Councilmember Gavin made a motion, seconded by Councilmember Powell, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
Ordinance No. G61-18
AN ORDINANCE
GRANTING A CONDITIONAL USE FOR A CHILD DAYCARE SERVICE IN THE PAB PLANNED AREA BUSINESS DISTRICT AND ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT
(1023 North Randall Road)
WHEREAS, written application has been made requesting conditional use approval to establish a child daycare service at 1023 N. Randall Road; and
WHEREAS, the zoning lot with the building containing the premises at 1023 N. Randall Road, is legally described herein (the “Subject Property”); and
WHEREAS, the Subject Property is located within the PAB Planned Area Business District established by Ordinance No. G60-18, and a child daycare service is listed as a conditional use within the PAB Planned Area Business District; and
WHEREAS, after due notice in the manner provided by law the Planning and Zoning Commission conducted a public hearing on September 10, 2018 concerning said application; and
WHEREAS, the Community Development Department and the Planning and Zoning Commission have submitted their Findings of Fact concerning said application; and
WHEREAS, the Community Development Department and the Planning and Zoning Commission recommend approval of said application, subject to the conditions articulated below; and
WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and recommendations of the Community Development Department and the Planning and Zoning Commission; and
WHEREAS, the City of Elgin is a home rule unit and as a home rule unit may exercise any power and perform any function pertaining to its government and affairs; and
WHEREAS, zoning, including, but not limited to, this ordinance granting a conditional use in the PAB Planned Area Business District and ARC Arterial Road Corridor Overlay District pertains to the government and affairs of the city.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS:
Section 1. That the City Council of the City of Elgin hereby adopts the Findings of Fact, dated September 10, 2018, and the recommendations made by the Community Development Department and the Planning and Zoning Commission, a copy of which is attached hereto and made a part hereof by reference as Exhibit A.
Section 2. That a conditional use for a child daycare service is hereby granted for the property commonly known as 1023 N. Randall Road, commonly identified by the Kane County Property Index Numbers 06-09-154-019, 06-09-154-020, 06-09-154-021, 06-09-154-030, and 06- 09-154-031, and legally described as follows:
Lots 568 thru 572 inclusive, (excepting therefrom the Easterly 234.00 Feet of said Lots 569 thru 572 inclusive and the Southerly 39.06 Feet of the Easterly 234.00 Feet of aforesaid Lot 568) in Valley Creek, Unit No. 15, being a resubdivision of parts of Lots 567 and 566 of Valley Creek, Unit No. 14, being a subdivision of part of Section 9, Township 41 North, Range 8, East of the Third Principal Meridian, situated in the City of Elgin, Kane County, Illinois. (Commonly known as 1023 N. Randall Road).
Section 3. That the conditional use for the Subject Property as authorized by this ordinance shall be subject to the following additional conditions:
3. Substantial conformance to the Development Application submitted by JAS Development – Elgin, LLC, as applicant, and Kane Holdings LLC, as property owner, received March 23, 2018, and supporting documents including:
a. Undated Conditional Use Statement of Purpose and Conformance, received August 6, 2018;
b. Undated Operational Description from the Learning Experience, received July 2, 2018;
c. Plat of Survey, prepared by Greengard Inc., dated January 26 , 2018;
d. Aerial and Site Plan Exhibit, prepared by Greengard Inc., dated July 3, 2018;
e. Landscape Plan, prepared by David R. McCallum Associates Inc., dated March 20, 2018, last revised July 27, 2018;
f. Schematic Floor Plan, prepared by Jarmel Kizel Architects and Engineers Inc., dated July 27, 2018;
g. Schematic Building Elevations plan, prepared by Jarmel Kizel Architects and Engineers Inc., dated July 27, 2018;
h. Site Details plan, prepared by Jarmel Kizel Architects and Engineers Inc., dated July 27, 2018;
i. Undated Main Entry Details plan, received July 2, 2018;
j. Undated Signage Details plan, prepared by Jarmel Kizel Architects and Engineers, Inc., received July 2, 2018;
k. Two-page TLE Elgin Civil Set, prepared by Telser Lighting Associates, dated July 27, 2018;
l. Plat of Easement Grant, prepared by Greengard Inc., dated August 2, 2018;
m. Proposed Site Improvements for The Learning Experience plans, prepared by Greengard Inc., dated March 23, 2018, last revised August 2, 2018; and
n. Stormwater Management Report, The Learning Experience Elgin, IL, prepared by Greengard Inc., dated May 17, 2018.
In the event of any conflict between such documents and the terms of this ordinance or other applicable city ordinances, the terms of this ordinance or other applicable city ordinances shall supersede and control.
4. A maximum of three wall graphics are permitted to be installed in substantial compliance with the Undated Main Entry Details plan, received July 2, 2018, and Schematic Building Elevations plan, prepared by Jarmel Kizel Architects and Engineers Inc., dated July 27, 2018.
5. Compliance with all applicable codes and ordinances.
Section 4. That this ordinance shall be in full force and effect upon its passage in the manner provided by law.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: October 24, 2018 Passed: October 24, 2018 Omnibus Vote: Yeas: 8 Nays: 0 Recorded: October 24, 2018 Published: October 26, 2018
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE
Councilmember Powell made a motion, seconded by Councilmember Martinez, to place the following reports and minutes on file. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
Bicycle and Pedestrian Advisory Committee – July 10, 2018 Cultural Arts Commission – September 10, 2018 Emergency Telephone System Board – August 16, 2018 Board of Health – July 23, 2018
Heritage Design Review Subcommittee – September 11, 2018 Human Relations Commission – August 14, 2018
Image Advisory Commission – August 27, 2018
Parks and Recreation Advisory Board – July 31, 2018 Disbursement Report
ANNOUNCEMENTS
Mayor Kaptain made announcements regarding forthcoming meetings.
ADJOURNMENT
Councilmember Shaw made a motion, seconded by Councilmember Martinez, to adjourn the meeting. Upon a roll call vote: Yeas: Councilmembers Dixon, Gavin, Martinez, Powell, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None.
The meeting adjourned at 7:57 p.m.
https://il-elgin4.civicplus.com/ArchiveCenter/ViewFile/Item/6204
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