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HomeMy WebLinkAboutu - November 6, 2013 CC448 NOVEMBER 6, 2013 VOLUME LXXVIII COUNCIL OF THE CITY OF ELGIN, ILLINOIS COUNCIL-MANAGER FORM OF GOVERNMENT REGULAR MEETING The regular meeting of the Council of the City of Elgin, Illinois, was held on November 6, 2013, in the Council Chambers. The meeting was called to order by Mayor Kaptain at 7:15 p.m. The Invocation was given by Reverend Robbie Robinson from the Second Baptist Church and the Pledge of Allegiance was led by Jerry Turnquist and Elinor Richoz. ROLL CALL Roll call was answered by Councilmembers Dunne, Gavin, Moeller, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Absent: None. MINUTES OF THE OCTOBER 23, 2013, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Steffen made a motion, seconded by Councilmember Moeller, to approve the October 23, 2013, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Moeller, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. COMMUNICATIONS Lao Veterans Memorial Day Proclamation Mayor Kaptain read the following proclamation: PROCLAMATION WHEREAS, the United States entered combat missions in the Vietnam War between November 1, 1955 and November 30, 1975; and WHEREAS, in 1961, North Vietnam advanced into South Vietnam using the Ho Chi Minh Trail which crossed into Laos. Another war was waged and known as the Secret War; and WHEREAS, Laotian soldiers and airmen were recruited and trained to engage in guerilla warfare against the North Vietnamese. They fought alongside American soldiers, rescued downed pilots and defended American outposts. Many were injured, tortured and killed; and VOLUME LXXVIII NOVEMBER 6, 2013 449 WHEREAS, after the evacuation of allied forces at the end of the war, these soldiers and their families were forced to flee to Thailand for refuge, then eventually immigrated to the United States. Many chose Elgin, Illinois as their new home; and WHEREAS, I do hereby support the placement of an official plaque at the Elgin Veterans Memorial Park to recognize and honor Laotian veterans who have served alongside our finest United States Armed Forces during the Vietnam War. NOW, THEREFORE, I, David Kaptain, Mayor of the City of Elgin, Illinois, do hereby honor and declare July 19, as the Lao Veterans Memorial Day, a day to remember these brave soldiers. IN WITNESS WHEREOF, I have hereunto set my hand this 6th Day of November, 2013. David J. Kaptain Mayor Fideliter Club Charity Ball Day Proclamation Mayor Kaptain read the following proclamation: PROCLAMATION WHEREAS, the Fideliter Club, a philanthropic women’s organization, was founded in 1888; and WHEREAS, the Club is celebrating its 125th year of hosting an annual Charity Ball; and WHEREAS, the first ball was held in the National House, a boarding house for women operated by the Elgin National Watch Company; and WHEREAS, the first ball attracted 250 people and raised over $350 when the average daily wage was $1; and WHEREAS, the club has historically used the proceeds to support multiple charities including the Children’s Milk Funds, Sherman Hospital, Community Crisis Center, Elgin Day Care Center and many other children’s and women’s causes; and WHEREAS, the club continues this tradition through hosting an annual Charity Ball, the sole source of funds to support the aforementioned charities; and WHEREAS, the 2013 Charity Ball will celebrate the richness of Elgin’s history this year at the 125th Anniversary Ball on Saturday, November 16 at the Elgin Country Club. NOVEMBER 6, 2013 VOLUME LXXVIII 450 NOW THEREFORE, I, David Kaptain, Mayor of the City of Elgin, Illinois, do hereby proclaim Saturday, November 16, 2013, as Fideliter Charity Ball Day in Elgin and ask all citizens to recognize the historical presence and worth of this group within the City of Elgin on that day. IN WITNESS WHEREOF, I have hereunto set my hand this 6th day of November, 2013. David J. Kaptain Mayor Elgin Police Department Life Saving Award Presentation Detective Heather Robinson, Chair of the Awards Committee, presented Sergeant Katy Potts, Officer Bill Wood, Officer Ryan Nelis, Officer Mark Root, Officer Kevin Snow, and Officer John Rustay with the Life Saving Awards. RECOGNIZE PERSONS PRESENT Deirde White provided updates on upcoming economic development events such as Small Business Saturday on November 30th and Window Wonderland on December 7th. Chuck Keysor expressed his concerns about the Housing Authority Project and if there was further information regarding a parking study and fire safety. Richard Hoffer, organizer of Elgin Ribfest, thanked those involved in the event and noted that $3,000 was donated to the Boys and Girls Club from the proceeds of the event. Julie Schmidt thanks those who voted to stop the ‘rain tax’. Mark Schrage expressed his concerns about the placement of a new water meter, which utilized RF technology, in his home. He was referred to staff for assistance. BID 13-056 TABLED FOR GAC FILTER MEDIA REMOVAL AND REPLACEMENT OF FILTER NOS. 3, 6, AND 8 AT THE RIVERSIDE WATER TREATMENT PLANT Councilmember Moeller made a motion, seconded by Councilmember Shaw, to table Bid No. 13-056 for GAC Filter Media removal and replacement. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Moeller, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. VOLUME LXXVIII NOVEMBER 6, 2013 451 RESOLUTION 13-185 ADOPTED RATIFYING THE EXECUTION OF A SUBLEASE AGREEMENT BETWEEN THE LARKIN CENTER AND LAWRENCE HALL YOUTH SERVICES Councilmember Moeller made a motion, seconded by Councilmember Gavin, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Moeller, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 13-185 RESOLUTION RATIFYING THE EXECUTION OF A SUBLEASE AGREEMENT BETWEEN THE LARKIN CENTER AND LAWRENCE HALL YOUTH SERVICES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby ratifies and approves the execution of a sublease agreement between The Larkin Center and Lawrence Hall Youth Services by Sean R. Stegall, City Manager, and Kimberly A. Dewis, City Clerk, regarding school property located on a portion of the former Elgin Mental Health Center property, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: November 6, 2013 Adopted: November 6, 2013 Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G48-13 PASSED AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT WITH THE VILLAGE OF PINGREE GROVE REGARDING MUNICIPAL RESPONSIBILITY FOR CERTAIN PORTIONS OF HIGHLAND AVENUE AND REINKING ROAD AND FOR OTHER MATTERS Councilmember Gavin made a motion, seconded by Councilmember Steffen, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Moeller, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. NOVEMBER 6, 2013 VOLUME LXXVIII 452 Ordinance No. G48-13 AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT WITH THE VILLAGE OF PINGREE GROVE REGARDING MUNICIPAL RESPONSIBILITY FOR CERTAIN PORTIONS OF HIGHLAND AVENUE AND REINKING ROAD AND FOR OTHER MATTERS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute an Intergovernmental Agreement with the Village of Pingree Grove on behalf of the City of Elgin regarding municipal responsibility for certain portions of Highland Avenue and Reinking Road and for other matters, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: November 6, 2013 Passed: November 6, 2013 Vote: Yeas: 9 Nays: 0 Recorded: November 6, 2013 Published: : November 8, 2013 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE S8-13 PASSED PROVIDING FOR THE ISSUANCE OF A NOT TO EXCEED $13,500,000 JUNIOR LIEN LIMITED REVENUE NOTE (BLUFF CITY QUARRY PROJECT), AND A NOT TO EXCEED $8,100,000 SUBORDINATE LIEN LIMITED REVENUE NOTE (BLUFF CITY QUARRY PROJECT), AND PLEDGING CERTAIN INCREMENTAL PROPERTY TAX REVENUES TO THE PAYMENT THEREOF Corporation Counsel Cogley provided background on the project and the impact of redevelopment in the area. Councilmember Steffen made a motion, seconded by Councilmember Dunne, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Moeller, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. ORDINANCE S8-13 IS ON FILE IN THE CITY CLERK’S OFFICE. VOLUME LXXVIII NOVEMBER 6, 2013 453 CONSENT AGENDA By unanimous consent, Councilmember Moeller made a motion, seconded by Councilmember Steffen, to pass Ordinance No. G47-13 and adopt Resolution Nos. 13-181 through 13-184 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Moeller, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. RESOLUTION 13-181 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH AZAVAR AUDIT SOLUTIONS, INC. FOR UTILITY BILL AUDIT SERVICES Councilmember Moeller made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Moeller, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 13-181 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH AZAVAR AUDIT SOLUTIONS, INC. FOR UTILITY BILL AUDIT SERVICES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Sean R. Stegall, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute an Agreement with Azavar Audit Solutions, Inc. on behalf of the City of Elgin for utility bill audit services, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: November 6, 2013 Adopted: November 6, 2013 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk NOVEMBER 6, 2013 VOLUME LXXVIII 454 RESOLUTION 13-182 ADOPTED AUTHORIZING EXECUTION OF A MASTER PREMIER LEASE AGREEMENT WITH KONICA MINOLTA PREMIER FINANCE FOR THE LEASE OF EIGHTEEN MULTI-FUNCTIONAL DEVICES Councilmember Moeller made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Moeller, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 13-182 RESOLUTION AUTHORIZING EXECUTION OF A MASTER PREMIER LEASE AGREEMENT WITH KONICA MINOLTA PREMIER FINANCE FOR THE LEASE OF EIGHTEEN MULTI-FUNCTIONAL DEVICES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Sean R. Stegall, City Manager, be and is hereby authorized and directed to execute a Master Premier Lease Agreement and related documents on behalf of the City of Elgin with Konica Minolta Premier Finance, a program of Konica Minolta Business Solutions U.S.A., Inc., for the lease of eighteen multi-functional devices, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: November 6, 2013 Adopted: November 6, 2013 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 13-183 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH Z INVESTMENTS, LLC FOR DEMOLITION ASSISTANCE REGARDING THE PROPERTY LOCATED AT 212 DUNDEE AVENUE Councilmember Moeller made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Moeller, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. VOLUME LXXVIII NOVEMBER 6, 2013 455 Resolution No. 13-183 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH Z INVESTMENTS, LLC FOR DEMOLITION ASSISTANCE REGARDING THE PROPERTY LOCATED AT 212 DUNDEE AVENUE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute an Agreement with Z Investments, LLC on behalf of the City of Elgin for demolition assistance regarding the property located at 212 Dundee Avenue, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: November 6, 2013 Adopted: November 6, 2013 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 13-184 ADOPTED AUTHORIZING EXECUTION OF AN ECONOMIC INCENTIVE AGREEMENT WITH RON HOPKINS FORD, INC. (1045 EAST CHICAGO STREET) Councilmember Moeller made a motion, seconded by Councilmember Steffen, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Moeller, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 13-184 RESOLUTION AUTHORIZING EXECUTION OF AN ECONOMIC INCENTIVE AGREEMENT WITH RON HOPKINS FORD, INC. (1045 East Chicago Street) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute an Economic Incentive Agreement with Ron Hopkins Ford, Inc. on behalf of the City of Elgin for economic development assistance in connection with the NOVEMBER 6, 2013 VOLUME LXXVIII 456 development of 1045 East Chicago Street, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: November 6, 2013 Adopted: November 6, 2013 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G47-13 PASSED RECLASSIFYING TERRITORY IN THE CI COMMERCIAL INDUSTRIAL DISTRICT TO PAB PLANNED AREA BUSINESS DISTRICT (1045 EAST CHICAGO STREET) Councilmember Moeller made a motion, seconded by Councilmember Steffen, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Moeller, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. G47-13 AN ORDINANCE RECLASSIFYING TERRITORY IN THE CI COMMERCIAL INDUSTRIAL DISTRICT TO PAB PLANNED AREA BUSINESS DISTRICT (1045 East Chicago Street) WHEREAS, written application has been made to reclassify certain property located at 1045 East Chicago Street from CI Commercial Industrial District to PAB Planned Area Business District; and WHEREAS, after due notice in the manner provided by law the Planning & Zoning Commission conducted a public hearing concerning said application and has submitted its written findings and recommendations; and WHEREAS, the City Council of the City of Elgin concurs with the Findings and Recommendation of the Planning & Zoning Commission. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: VOLUME LXXVIII NOVEMBER 6, 2013 457 Section 1. That the City Council of the City of Elgin hereby adopts the Findings of Fact, dated October 7, 2013, made by the Planning & Zoning Commission, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. Section 2. That Chapter 19.08, Section 19.08.020 entitled “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: PARCEL 1: That part of Lot 8 of the Plat of County Clerk's Subdivision of unsubdivided lots in Section 18, Township 41 North, Range 9 East of the Third Principal Meridian, described as follows: Commencing at the intersection of the Westerly line of said Lot 8 with the Southerly right of way line of State Route 19; thence Southeasterly along the Southerly right of way line of State Route 19, a distance of 671.0 feet for the point of beginning; thence continuing Southeasterly along said Southerly right of way line, a distance of 150.0 feet; thence Southerly parallel with the West line of the Southeast Quarter of Section 18 as aforesaid, a distance of 150.0 feet; thence Northwesterly parallel with the Southerly right of way line of State Route 19, a distance of 150.0 feet; thence Northerly parallel with the West line of the Southeast Quarter of said Section 18, a distance of 150.0 feet to the point of beginning, being situated in the City of Elgin, in Cook County, Illinois. PARCEL 2: That part of Section 18, Township 41 North, Range 9 East of the Third Principal Meridian, described as follows: Commencing at the Southeast corner of a parcel of land conveyed by deed recorded March 30, 1965, as Document No. 19420433 in Cook County, Illinois; thence Easterly parallel with the South line extended Easterly of the Southwest Quarter of said Section 18, a distance of 59.52 feet; thence Southeasterly along a line that forms an angle of 65 degrees 42 minutes to the right with the prolongation of the last described course, a distance of 561.67 feet; thence Easterly parallel with the South line extended Easterly of the Southwest Quarter of said Section 18, a distance of 228.0 feet; thence Northerly parallel with the Easterly line extended Southerly of a parcel of land conveyed by Document No. 19420433 as aforesaid, a distance of 492.35 feet for the place of beginning; thence continuing Northerly along an extension of the last described course, a distance of 377 .80 feet to the Southerly right of way line of State Route 19; thence Northwesterly along said Southerly right of way line, being along a curve to the right (the chord of said curve forms an angle of 68 degrees 51 minutes to the left with the prolongation of the last described course), a distance of 194.65 feet; thence Northwesterly along said Southerly right of way line, being tangent to the last described curve, a distance of 383.35 feet to the Easterly line of a parcel of land NOVEMBER 6, 2013 VOLUME LXXVIII 458 conveyed by Document No. 19420433 as aforesaid; thence Southerly along said Easterly line, a distance of 590.0 feet to the Southeast corner of said land conveyed by Document No.19420433; thence Easterly parallel with the South line extended Easterly of the Southwest Quarter of Section 18 as aforesaid, a distance of 59.52 feet; thence Southeasterly along a line that forms an angle of 65 degrees 42 minutes to the right with the prolongation of the last described course, a distance of 2.34 feet; thence Easterly along a line that forms an angle of 63 degrees 33 minutes 53 seconds to the left with the prolongation of the last described course, a distance of 477.48 feet to the place of beginning. Being situated in the City of Elgin, Hanover Township, Cook County, Illinois (commonly known as 1045 East Chicago Street). Section 3. That the City Council of the City of Elgin hereby grants the rezoning from CI Commercial Industrial District to PAB Planned Area Business District at 1045 East Chicago Street 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 of the zoning ordinance. A PAB zoning district is most similar to, but departs from the standard 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 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 may be amended from time to time. 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, as may be amended from time to time. 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 District exclusive of rights of way, but including adjoining land or land directly opposite a right of way shall not be less than two acres, unless such land is located between any nonresidential zoning district, and any residence district or an residence conservation district, which all have frontage on the same block. No departure from the required minimum size of a planned district shall be granted by the City Council. VOLUME LXXVIII NOVEMBER 6, 2013 459 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 land uses shall be the only permitted uses allowed within this PAB zoning district. “Sale of new automobiles (defined to include passenger vehicles, sport utility vehicles, vans and pickups) and accessory uses customarily accessory to such new automobile retail sales, including without limitation: the sale of used automobiles; the sale of automobile parts and tires; the performance of automobile service, repairs and maintenance; the operation of a car wash for dealership and customer vehicles; in-house financial services pertaining to automobile sales.” G. Site Design. In this PAB Planned General 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. The development of land and structures shall be in substantial conformance with the following: 1. Substantial conformance to the Application and supporting documents submitted by Silva Architects Ltd., including the following exhibits: a. Consent and Disclosure statement submitted by Ronald Hopkins, President, Ron Hopkins Ford, dated September 9, 2013. b. Statement of Purpose and Conformance prepared by Silva Architects Ltd. dated September 3, 2013 c. Plat of Survey prepared by Alan J. Coulson, P.C., dated August 22, 2013. d. Development exhibits entitled “Hopkins Ford Dealership – Corporate Improvement Plans, 1045 E. Chicago Street, Elgin, IL,” prepared by Silva Architects dated September 3, 2013 and comprising of the following drawings: i. Proposed Site Plan and Floor Plan – Sheet Z1.1 ii. Proposed Landscape Plan – Sheet Z1.2 iii. Proposed Building Elevations – Sheet Z2.1 iv. Proposed Building Signage – Sheet Z2.2 In the event of any conflict between the foregoing documents and this ordinance or any other applicable city ordinances, this ordinance or other applicable city ordinances shall supersede and control. 2. Compliance with all other 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 may be amended except as specified within this ordinance. NOVEMBER 6, 2013 VOLUME LXXVIII 460 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, as may be amended from time to time. J. Signs. In this PAB Planned Area Business District, signs shall be subject to the provisions of 19.50, Signs, as may be amended from time to time except as provided for within Ordinance G22-09 entitled “An Ordinance Establishing Special Regulations for Street Graphics for the Route 19/East Chicago Street Area of Special Character” and additionally stipulated as follows: 1. The Building shall be allowed the installation of wall graphics in substantial conformance to the Development Exhibits specified within Section 3G of this ordinance 2. The three existing free-standing graphics as depicted in the Development Exhibits specified within Section 3G of this ordinance shall be allowed to continue to remain in their current location, design, configuration and operation. Replacement of said existing free-standing graphics will require full compliance with the requirements of Ordinance G22-09 entitled “An Ordinance Establishing Special Regulations for Street Graphics for the Route 19/East Chicago Street Area of Special Character.” K. 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, as may be amended from time to time. A conditional use for a planned development may be requested by the property owner without requiring an amendment to this PAB zoning district. L. Conditional Uses. In this PAB Planned Area Business District, application for conditional uses shall be subject to the provisions of Chapter 19.65, Conditional Uses, as may be amended from time to time. A conditional use may be requested by the property owner without requiring an amendment to this PAB zoning district. M. Variations. In this PAB Planned Area Business District, application for variation shall be subject to the provisions of Chapter 19.70, Variations, as may be amended from time to time. A variation may be requested by the property owner without requiring an amendment to this PAB zoning district. N. 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, as may be amended from time to time. VOLUME LXXVIII NOVEMBER 6, 2013 461 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: November 6, 2013 Passed: November 6, 2013 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: November 6, 2013 Published: : November 8, 2013 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE Councilmember Gavin made a motion, seconded by Councilmember Moeller, to place the following reports and minutes on file. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Moeller, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Cultural Arts Commission September 9, 2013 Emergency Telephone System Board September 19, 2013 Foreign Fire Insurance Tax Board, July 16, 2013 Police Pension Fund Board July 17, 2013 Strategic Plan Commission August 27, 2013 Committee of the Whole Minutes for October 9, 2013 City Council Minutes for October 9, 2013 Telecommunications Tax Sales Tax Local Sales Tax State Income Tax State Use Tax Electric Tax Natural Gas Pension Reports NOVEMBER 6, 2013 VOLUME LXXVIII 462 ANNOUNCEMENTS Mayor Kaptain made announcements regarding forthcoming meetings. ADJOURNMENT Councilmember Moeller made a motion, seconded by Councilmember Dunne, to adjourn the meeting. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Moeller, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. The meeting adjourned at 7:59 p.m. s/ Kimberly Dewis November 20, 2013 Kimberly Dewis, City Clerk Date Approved