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HomeMy WebLinkAboutv - December 3, 2014 CC479 VOLUME LXXIX DECEMBER 3, 2014 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 December 3, 2014, in the Council Chambers. The meeting was called to order by Mayor Kaptain at 7:00 p.m. The Invocation was given by Pastor Tom Atamian from The Refuge and the Pledge of Allegiance was led by Karla Persky. ROLL CALL Roll call was answered by Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Absent: None. MINUTES OF THE NOVEMBER 19, 2014, COUNCIL MEETING APPROVED AS DISTRIBUTED Councilmember Steffen made a motion, seconded by Councilmember Martinez, to approve the November 19, 2014, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. RECOGNIZE PERSONS PRESENT Chuck Keysor commented on the responsible bidder ordinance and his concerns about the impact it has had on the city’s budget. He indicated that he would be asking the candidates for city council about this topic. Jaime Hjelm stated her concerns about ride share or E-hail. She noted concerns regarding insurance requirements and vehicle markings and plates. She conveyed her interactions with the company after one of her drivers was involved in a fatal accident with an Uber X driver. Julie Schmidt comment on the truth in taxation hearing, the diversification of revenue streams, the city’s strategic plan and the pension shortfall. Martin Dwyer commented on the responsible bidder ordinance noting that training and apprenticeship programs were not exclusive to union companies. Councilmember Gavin stated that he would like to discuss the ordinance further and determine the costs associated with the ordinance. DECEMBER 3, 2014 VOLUME LXXIX 480 Chris Taylor, local representative of Uber, provided information on the E-hail services that the company provides, the type of insurance they hold and the requirements the place on their drivers. Councilmembers asked questions regarding the levels of service, number of miles driven per year and the number of insurance payouts. Mr. Taylor indicated he would provide this information to the council. Vince Rytanek discussed HB5485 which dealt with minimum manning for fire departments and the history of the bill. He stated the union’s position regarding minimum manning. He talked about the number of workers compensation claims since staffing was changed and the number of mutual aid calls in that same period. BID 14-038 AWARDED TO JETCO LIMITED FOR REPAIR AND REPAINTING OF THE INTERIOR AND EXTERIOR OF THE AIRLITE ELEVATED WATER TANK There was a discussion regarding the scope of the project and the cost difference between repair and replacement of the water tank. Councilmember Shaw made a motion, seconded by Councilmember Steffen, to award a contract to Jetco, Limited in the amount of $953,000 to repair and repaint the interior and the exterior of the Airlite Elevated Water Tank. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. BID 14-045 AWARDED TO LAYNE CHRISTENSEN COMPANY FOR DEEP WELL 1 MODIFICATIONS Councilmember Gavin made a motion, seconded by Councilmember Steffen, to award a contract to Layne Christensen Company in the amount of $371,724 for the Deep Well 1 Modifications. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. JOB ORDER CONTRACT APPROVED WITH F.H. PASCHEN FOR ELEVATOR UPGRADES Councilmember Dunne made a motion, seconded by Councilmember Gavin, to approve a contract with F.H. Paschen in the amount of $231,069 for elevator upgrades to the Old Main building. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. VOLUME LXXIX DECEMBER 3, 2014 481 NATIONAL IPA PURCHASING NETWORK BID APPROVED WITH OFFICE MAX FOR THE PURCHASE OF POLICE FACILITY OFFICE WORKSPACE FURNITURE Councilmember Dunne made a motion, seconded by Councilmember Martinez, to approve a contract with Office Max in the amount of $39,500 for the purchase of police facility office workspace furniture. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. PUBLIC HEARING ON TRUTH IN TAXATION Mayor Kaptain declared the public hearing open. Assistant City Manager Rick Kozal Officer provided the following information regarding property taxes: The corporate and special purpose property taxes extended or abated for 2013 were $38,021,006 and the proposed taxes to be levied for 2014 are $40,072,630 which represents a 5.4% increase from the previous year. The property taxes extended for debt service and public building commission leases for 2013 were $3,491,197 and the estimated taxes to be levied for 2014 are $2,886,750 representing a 17.3% decrease from the previous year. Finally, he stated that the total property taxes extended or abated in 2013 were $41,512,203. The property taxes to be levied in 2014 are $42,959,380. This represents 3.5% increase over the previous year. Mayor Kaptain asked if there was anyone present wishing to comment on the information presented and seeing no one declared the public hearing closed. PUBLIC HEARING FOR PETITION 46-14 REGARDING A SECOND AMENDMENT TO THE ANNEXATION AGREEMENT FOR THE ELGIN WAL-MART/SAM’S CLUB SUBDIVISION LOCATED AT 1000 S. RANDALL ROAD, SPECIFICALLY TO AMEND THE PAB PLANNED AREA BUSINESS DISTRICT PLANNED DEVELOPMENT ORDINANCE FOR LOT 10 OF THE SUBDIVISION, COMMONLY KNOWN AS 2415 BOWES ROAD, BY RICHPORT PROPERTY, LLC AS APPLICANT AND PROPERTY OWNER Marc Mylott, Community Development Director, provided an overview of Petition 46-14 which requests an amendment to an annexation agreement for the Elgin Wal-Mart/Sam’s Club Subdivision located at 1000 S. Randall Road. Staff and the Planning and Zoning Commission recommended approval subject to the conditions outlined in the memo. DECEMBER 3, 2014 VOLUME LXXIX 482 PETITION 46-14 APPROVED REQUESTING A SECOND AMENDMENT TO THE ANNEXATION AGREEMENT FOR THE ELGIN WAL-MART/SAM’S CLUB SUBDIVISION, LOCATED AT 1000 S. RANDALL ROAD, SPECIFICALLY TO AMEND THE PAB PLANNED AREA BUSINESS DISTRICT PLANNED DEVELOPMENT ORDINANCE FOR LOT 10 OF THE SUBDIVISION, COMMONLY KNOWN AS 2415 BOWES ROAD, BY RICHPORT PROPERTY, LLC AS APPLICANT AND PROPERTY OWNER Councilmember Shaw made a motion, seconded by Councilmember Gavin, to approve Petition 46-14 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: Councilmember Dunne. PETITION 11-14 APPROVED REQUESTING A ZONING MAP AMENDMENT AT 550 TOLLGATE ROAD FROM AB AREA BUSINESS DISTRICT TO PAB PLANNED AREA BUSINESS DISTRICT BY PANCOR CONSTRUCTION & DEVELOPMENT, LLC AS APPLICANT AND IYI, LLC AS PROPERTY OWNER Marc Mylott, Community Development Director, provided an overview of Petition 11-14 which requests a zoning map amendment. Staff and the Planning and Zoning Commission recommended approval subject to the conditions outlined in the memo. Councilmember Dunne made a motion, seconded by Councilmember Martinez, to approve Petition 11-14 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. AUTHORIZATION FOR PAYMENTS – HINSHAW & CULBERTSON, LLP Councilmember Gavin made a motion, seconded by Councilmember Shaw, to approve the authorization for payments to Hinshaw & Culbertson, LLP in the amount of $59,238. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. AUTHORIZATION FOR PAYMENTS – TROTTER AND ASSOCIATES, INC. Councilmember Shaw made a motion, seconded by Councilmember Steffen, to approve the authorization for payment to Trotter and Associates, Inc. in the amount of $28,526. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. VOLUME LXXIX DECEMBER 3, 2014 483 CONSENT AGENDA By unanimous consent, Councilmember Powell made a motion, seconded by Councilmember Shaw, to pass Ordinance Nos. G63-14 and G64-14 and adopt Resolution Nos. 14-170 through 14-174 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Powell, Martinez, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. RESOLUTION 14-170 ADOPTED AUTHORIZING THE SALE AND CONVEYANCE OF PROPERTY TO THE VILLAGE OF SOUTH ELGIN IN CONNECTION WITH THE BOWES ROAD EXTENSION PROJECT (PARCEL ADJACENT TO EASTERN TERMINUS OF THE EXISTING BOWES ROAD RIGHT-OF-WAY CONTAINING APPROXIMATELY 0.24 ACRES FOR THE SUM OF ZERO DOLLARS) Councilmember Powell made a motion, seconded by Councilmember Shaw, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 14-170 RESOLUTION AUTHORIZING THE SALE AND CONVEYANCE OF PROPERTY TO THE VILLAGE OF SOUTH ELGIN IN CONNECTION WITH THE BOWES ROAD EXTENSION PROJECT (PARCEL ADJACENT TO EASTERN TERMINUS OF THE EXISTING BOWES ROAD RIGHT-OF-WAY CONTAINING APPROXIMATELY .024 ACRES FOR THE SUM OF ZERO DOLLARS) BE IT resolved that David J. Kaptain, the Mayor of the City of Elgin, and Kimberly A. Dewis, the City Clerk of the City of Elgin, be and are hereby authorized and directed to convey and sell the City of Elgin's interest in the parcel of real estate adjacent to the eastern terminus of the existing Bowes Road right-of-way containing approximately .024 acres to the Village of South Elgin for highway purposes for the sum of Zero Dollars, such parcel of real estate being legally described as follows: That part of the North half of Section 26, Township 41 North, Range 8 East of the Third Principal Meridian, in Kane County, Illinois, bearings and distances based on the Illinois State Plane Coordinate System, East Zone, NAD83 (2011 adjustment), with a combined factor of 0.99994482, described as follows: Commencing at the Northwest corner of said Section 26; thence South 00 degrees 47 minutes 45 seconds East along the West line of said Section 26, a distance of 985.01 feet to the south line of State of Illinois lands; thence continuing South 00 degrees 47 minutes 45 seconds East along the West line of said Section 26, a distance of 651.22 feet to the point of beginning; thence North 89 degrees 36 minutes 20 seconds East, a distance of 40.00 feet; thence South 00 degrees 47 minutes 45 seconds East, a distance of 26.25 feet; thence South 89 degrees 32 minutes 33 seconds West, a distance of 40.00 feet to the West DECEMBER 3, 2014 VOLUME LXXIX 484 line of said Section 26; thence North 00 degrees 47 minutes 45 seconds West along the West line of said Section 26, a distance of 26.29 feet to the point of beginning. Said Parcel containing 0.024 acre, more or less. BE IT further resolved that in connection with such conveyance that the City of Elgin shall reserve unto itself the ownership of the sanitary sewer line and appurtenances relating thereto located in such real estate and that the City of Elgin shall further expressly reserve unto itself a permanent and exclusive easement over, upon and under such real estate for maintaining, operating, repairing, replacing and/or removing such sanitary sewer line and appurtenances thereto. BE IT further resolved that they are authorized and directed to execute and deliver such instruments as may be necessary or convenient to consummate such sale. BE IT further resolved that the members of the City Council of the City of Elgin pursuant to the home rule authority of the City of Elgin, voted for the adoption of this resolution as follows: AYE 9 ; NAY 0 ; ABSENT 0 s/ David J. Kaptain David J. Kaptain, Mayor Presented: December 3, 2014 Adopted: December 3, 2014 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 14-171 ADOPTED RATIFYING THE EXECUTION OF A SETTLEMENT AGREEMENT WITH FIDELITY AND DEPOSIT COMPANY OF MARYLAND REGARDING WATERFORD SUBDIVISION PERFORMANCE BONDS Councilmember Powell made a motion, seconded by Councilmember Shaw, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. VOLUME LXXIX DECEMBER 3, 2014 485 Resolution No. 14-171 RESOLUTION RATIFYING THE EXECUTION OF A SETTLEMENT AGREEMENT WITH FIDELITY AND DEPOSIT COMPANY OF MARYLAND REGARDING WATERFORD SUBDIVISION PERFORMANCE BONDS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby ratifies and approves the execution of a settlement agreement with Fidelity and Deposit Company of Maryland by Sean R. Stegall, City Manager, and Kimberly A. Dewis, City Clerk, regarding Waterford Subdivision performance bonds, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: December 3, 2014 Adopted: December 3, 2014 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 14-172 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT WITH B & F CONSTRUCTION CODE SERVICES, INC. FOR INSPECTION SERVICES REGARDING THE ADMINISTRATION AND ENFORCEMENT OF THE CITY OF ELGIN'S VACANT RESIDENTIAL BUILDINGS ORDINANCE Councilmember Powell made a motion, seconded by Councilmember Shaw, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 14-172 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH B & F CONSTRUCTION CODE SERVICES, INC. FOR INSPECTION SERVICES REGARDING THE ADMINISTRATION AND ENFORCEMENT OF THE CITY OF ELGIN’S VACANT RESIDENTIAL BUILDINGS ORDINANCE 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 DECEMBER 3, 2014 VOLUME LXXIX 486 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 Sean R. Stegall, 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 B & F Construction Code Services, Inc. for inspection services and other services regarding the administration and enforcement of the City of Elgin’s vacant residential buildings ordinance, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: December 3, 2014 Adopted: December 3, 2014 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 14-173 ADOPTED AUTHORIZING EXECUTION OF A PURCHASE AGREEMENT WITH FEDERAL SIGNAL CORPORATION FOR TWO MECHANICAL SIREN CONTROL SYSTEMS AND SIREN HEAD UPGRADES FOR EMERGENCY WARNING SIRENS Councilmember Powell made a motion, seconded by Councilmember Shaw, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 14-173 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE AGREEMENT WITH FEDERAL SIGNAL CORPORATION FOR TWO MECHANICAL SIREN CONTROL SYSTEMS AND SIREN HEAD UPGRADES FOR EMERGENCY WARNING SIRENS 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 a purchase agreement on behalf of the City of Elgin with Federal Signal Corporation for two mechanical siren control systems and four siren head VOLUME LXXIX DECEMBER 3, 2014 487 upgrades for emergency warning sirens, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: December 3, 2014 Adopted: December 3, 2014 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk RESOLUTION 14-174 ADOPTED AUTHORIZING EXECUTION OF A PURCHASE AGREEMENT WITH BRANIFF COMMUNICATIONS, INC. FOR THE INSTALLATION OF TWO WARNING SIRENS AND FOUR SIREN HEAD UPGRADES FOR EMERGENCY WARNING SIRENS Councilmember Powell made a motion, seconded by Councilmember Shaw, to adopt the following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Resolution No. 14-174 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE AGREEMENT WITH BRANIFF COMMUNICATIONS, INC. FOR THE INSTALLATION OF TWO WARNING SIRENS AND FOUR SIREN HEAD UPGRADES FOR EMERGENCY WARNING SIRENS 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 a purchase agreement on behalf of the City of Elgin with Braniff Communications, Inc. for the installation of two warning sirens and four siren head upgrades for emergency warning sirens, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor DECEMBER 3, 2014 VOLUME LXXIX 488 Presented: December 3, 2014 Adopted: December 3, 2014 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G63-14 PASSED APPROVING AND ADOPTING THE CHICAGO STREET STATION AREA PLANNING STUDY AS AN AMENDMENT TO THE COMPREHENSIVE PLAN AND DESIGN GUIDELINES OF 2005 Councilmember Powell made a motion, seconded by Councilmember Shaw, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. G63-14 AN ORDINANCE APPROVING AND ADOPTING THE CHICAGO STREET STATION AREA PLANNING STUDY AS AN AMENDMENT TO THE COMPREHENSIVE PLAN AND DESIGN GUIDELINES OF 2005 WHEREAS, the City of Elgin has heretofore adopted the Comprehensive Plan and Design Guidelines of 2005 for the City of Elgin; and WHEREAS, on October 7, 2013, the Planning and Zoning Commission of the City of Elgin conducted a public hearing on the proposed Chicago Street Station Area Planning Study; and WHEREAS, all persons appearing and desiring to be heard concerning said proposed Chicago Street Station Area Planning Study were heard at said public hearing; and WHEREAS, the Planning and Zoning Commission has heretofore submitted its findings and recommendation for the proposed Chicago Street Station Area Planning Study; and WHEREAS, the corporate authorities of the City of Elgin find and determine that it is in the best interest of the City of Elgin to adopt the proposed Chicago Street Station Area Planning Study. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: VOLUME LXXIX DECEMBER 3, 2014 489 Section 1. That the Chicago Street Station Area Planning Study, dated October, 2013, a copy of which is attached hereto and made a part hereof by reference, is hereby approved and adopted as an amendment to the Comprehensive Plan and Design Guidelines of 2005. Section 2. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed to the extent of any such conflict. Section 3. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: December 3, 2014 Passed: December 3, 2014 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: December 3, 2014 Published: December 5, 2014 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk ORDINANCE G64-14 PASSED AMENDING ORDINANCE NUMBER G12-11 IN THE PMFR PLANNED MULTIPLE FAMILY RESIDENCE DISTRICT AND ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT (508-522 NORTH MCLEAN BLVD.) Councilmember Powell made a motion, seconded by Councilmember Shaw, to pass the following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Ordinance No. G64-14 AN ORDINANCE AMENDING ORDINANCE NUMBER G12-11 IN THE PMFR PLANNED MULTIPLE FAMILY RESIDENCE DISTRICT AND ARC ARTERIAL ROAD CORRIDOR OVERLAY DISTRICT (508 - 522 North McLean Blvd.) WHEREAS, the property herein described has previously been classified in the PMFR Planned Multiple Family Residence District pursuant to Ordinance No. G31-06; and DECEMBER 3, 2014 VOLUME LXXIX 490 WHEREAS, application was made to amend certain provisions within Ordinance No. G31-06, and thereafter Ordinance No. G31-06 was comprehensively amended pursuant to Ordinance No. G12-11 wherein the property herein described was classified in the PMR Planned Multiple Family Residence District pursuant to Ordinance No. G12-11; and WHEREAS, written application has been made to amend certain provisions within Ordinance No. G12-11; and WHEREAS, after due notice in the manner provided by law the Planning and Zoning Commission conducted public hearings concerning said application and has submitted its written findings and recommendations; and WHEREAS, the City Council of the City of Elgin concurs in the Findings and Recommendation of the Planning and Zoning Commission. 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 November 3, 2014, made by the Planning and Zoning Commission, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. Ordinance G12-11 be and is hereby amended in its entirety as hereinafter set forth in this ordinance. 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 PMFR Planned Multiple Family Residence District the following described property: PMFR (EAST) PARCEL: THAT PART OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 10, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE WEST LINE OF SAID EAST HALF, 30 RODS, 1 FOOT 6 INCHES NORTH OF THE SOUTH LINE OF SAID QUARTER SECTION; THENCE CONTINUING NORTH ALONG SAID WEST LINE, 20 RODS, 1 FOOT; THENCE EAST PARALLEL WITH THE SOUTH LINE OF SAID QUARTER SECTION, 632 FEET TO THE POINT PF BEGINNING; THENCE CONTINUING ALONG SAID PARALLEL LINE, 672.75 FEET TO THE WEST LINE OF PUBLIC HIGHWAY; THENCE SOUTH ALONG THE WEST LINE OF SAID HIGHWAY, 20 RODS, 1 FOOT; THENCE WESTERLY AT VOLUME LXXIX DECEMBER 3, 2014 491 AN ANGLE OF 91 DEGREES, 25 MINUTES 30 SECONDS TO THE LEFT FROM SAID LAST COURSE, 664.52 FEET TO A LINE DRAWN AT RIGHT ANGLES TO THE FIRST COURSE FROM THE POINT OF BEGINNING; THENCE NORTH ALONG SAID LINE, 330.92 FEET TO THE POINT OF BEGINNING; TOGETHER WITH THAT PART OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 10, AFORESAID, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE WEST LINE OF MCLEAN BOULEVARD 887.5 FEET NORTH OF THE SOUTH LINE OF SAID SECTION 10; THENCE WEST PARALLEL WITH THE SOUTH LINE OF SAID SECTION, 150 FEET; THENCE SOUTH PARALLEL WITH THE WEST LINE OF MCLEAN BOULEVARD, 60 FEET; THENCE EAST PARALLEL WITH THE SOUTH LINE OF SECTION 10, AFORESAID, 150 FEET TO THE WEST LINE OF MCLEAN BOULEVARD; THENCE NORTH ALONG SAID WEST LINE 60 FEET TO THE POINT OF BEGINNING, CONTAINING 5.29 ACRES OF LAND, MORE OR LESS, IN THE CITY OF ELGIN, Section 3. That the City Council of the City of Elgin hereby grants the PMFR Planned Multiple Family Residence District for the property commonly known as 508 - 522 North McLean Boulevard, and legally described above, which shall be designed, developed, and operated subject to the following provisions: A. Purpose and Intent. The purpose of the PMFR District is to provide a planned urban residential environment for multiple family dwellings, subject to the provisions of Chapter 19.60, Planned Developments. A PMFR zoning district is most similar to, but departs from the standard requirements of the MFR zoning district. B. Supplementary Regulations. Any word or phrase contained within this ordinance 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 EMC. The exclusion of such symbol shall not exempt such word or phrase from the applicable supplementary regulation. C. General Provisions. In this PMFR District, the use and development of land and structures shall be subject to the provisions of Chapter 19.05, General Provisions, of the EMC, as may be amended from time to time. D. Zoning Districts Generally. In this PMFR District, the use and development of land and structures shall be subject to the provisions of Chapter 19.07, Zoning Districts of the EMC, as may be amended from time to time. E. Location and Size of Districts. Planned residential districts should be located in substantial conformance to the official comprehensive plan. The amount of land necessary to constitute a separate planned residential 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. No departure from the required minimum size of a planned residential district shall be granted by the City Council. DECEMBER 3, 2014 VOLUME LXXIX 492 F. Land Use. In this PMFR District, the only land use allowed shall be a senior living facility (including such optional ancillary services as the provision of meals, housekeeping services, on- site activities (such as computers, art & crafts, cards and games, etc.) and fitness facilities), developed and operated in substantial conformance to the following: 1. Substantial conformance to the petitioner’s Statement of Purpose and Conformance submitted with the original development application cover letter by Jerrold H. Frumm, Executive Vice-President, Senior Lifestyle Corporation, dated September 7, 2005, as amended by the new Statement of Purpose and Conformance submitted with the new development application which is stamped “RECEIVED” on August 29, 2014. In the event of any conflict between said original Statement of Purpose and Conformance and said new Statement of Purpose and Conformance, the new Statement of Purpose and Conformance shall supersede and control. For additional reference, said new Statement of Purpose and Conformance is titled “RIDER” and carries the footer “W:\Work\34373\2014 Amendments\Development Application Development Applications\RIDER – V2 SLC. docx” on each of its three (3) pages. In the event of any conflict between such documents and the provisions of this ordinance, the provisions of this ordinance shall supersede and control. 2. All residents in the age-restricted apartment building referenced in said original development application as “The Residence of Autumn Green”, now specifically identified within said new development application as the “3 STORY RESIDENCE BUILDING” on the Site Plan prepared by NORR Architects and Planners dated August 28, 2014, and hereinafter referred to as the "Subject Age 62 Building" must be age sixty two (62) or older and no person under sixty two (62) years of age shall occupy or reside within a residential unit in the Subject Age 62 Building. 3. To the extent permitted by law, the apartment building on the subject property shall be a 100% market rate apartment building. For the purposes of this ordinance, the term 100% market rate apartment building shall mean that there shall be no restrictions with respect to income or rent for the rental of apartments whether by restriction to deed, title to the property or otherwise, and no project based governmental or quasi-governmental subsidy which results in restrictions with respect to income or rent for the rental of apartments within the subject property shall be in place with respect to the subject property. G. Site Design. In this PMFR District, the site design regulations shall be as required in the MFR Multiple Family Residence District, pursuant to Chapter 19.25.735 Site Design, of the EMC, as may be amended from time to time. Additionally, the development of land and structures shall be in substantial conformance with the following: 1. Substantial conformance with the Development Application, Statement of Purpose and Attachments, submitted by Senior Lifestyle Corporation as applicant and owner, dated received August 29, 2014. 2. Substantial conformance with the “Aerial Map with Site Plan Overlay”, submitted by Senior Lifestyle Corporation as applicant and owner, dated received August 29, 2014. VOLUME LXXIX DECEMBER 3, 2014 493 3. Substantial conformance with the “Site Plan”, submitted by Senior Lifestyle Corporation as applicant and owner, dated received August 29 2014. 4. Substantial conformance with the “Ground, 2nd, and 3rd Floor Plan”, submitted by Senior Lifestyle Corporation as applicant and owner, dated received August 29, 2014. 5. Substantial conformance with the “North, South, East, West Elevations”, submitted by Senior Lifestyle Corporation as applicant and owner, dated received August 29, 2014. 6. Substantial conformance with the “Enlarged Partial Elevation”, submitted by Senior Lifestyle Corporation as applicant and owner, dated received August 29, 2014. 7. Substantial conformance with the “1 Bedroom, and Studio Unit Assisted Living Floor plan”, submitted by Senior Lifestyle Corporation as applicant and owner, dated received August 29, 2014. 8. Substantial conformance with the “Site Plan Comparison Exhibit”, submitted by Senior Lifestyle Corporation as applicant and owner, dated received August 29, 2014. 9. Substantial conformance with the “Shared Unit and Studio Unit Memory Support Floor plan”, submitted by Senior Lifestyle Corporation as applicant and owner, dated received August 29, 2014. 10. Substantial conformance with “Chart Summarizing Changes”, submitted by Senior Lifestyle Corporation as applicant and owner, dated received August 29, 2014. 11. Substantial conformance with the “Landscape Plan and Plant List”, submitted by Senior Lifestyle Corporation as applicant and owner, dated received August 29, 2014. 12. Substantial conformance with the “Tree Condition Confirmation Report”, prepared by Davey Resource Group as submitted by Senior Lifestyle Corporation as applicant and owner, dated received September 25, 2014. 13. All graphics must meet the requirements of Chapter 19.50 Street Graphics of the Elgin Municipal Code. 14. The owner and/or operator of the nursing and personal care facility shall contract with a private ambulance service to provide for all non-emergency medical transportation to and from the facility. For the purposes of this section, terms shall be defined as provided in the Emergency Medical Services (EMS) Systems Act at 210 ILCS 50/1, et seq. “Emergency” means a medical condition of recent onset and severity that would lead a prudent layperson, possessing an average knowledge of medicine and health, to believe that urgent or unscheduled medical care is required. (210 ILCS 50/3.5, as amended). “Non-Emergency Medical Services” means medical care or monitoring rendered to patients whose conditions do not meet the definition of an emergency, before or during transportation of such patients to or from health care facilities visited for the purposes of DECEMBER 3, 2014 VOLUME LXXIX 494 obtaining medical or health care services which are not emergency in nature, using a vehicle regulated by the Emergency Medical Services Systems Act. (210 ILCS 50/3.5, as amended). 15. Conformance with all applicable codes and ordinances. H. Off-Street Parking. In this PMFR District, off street parking shall be subject to the provisions of Chapter 19.45, Off Street Parking, of the EMC, as amended. I. Off-Street Loading. In this PMFR District, off street loading shall be subject to the provisions of Chapter 19.47, Off Street Loading, of the EMC, as amended. J. Signs. In this PMFR District, signs shall be subject to the provisions of Chapter 19.50, Signs of the Elgin Municipal Code, 1976, as amended. K. Amendments. In this PMFR District, application for text and map amendments shall be subject to the provisions of Chapter 19.55, Amendments. A text and map amendment may be requested by an individual lot or property owner for a zoning lot without necessitating that all other property owners in this PMFR zoning district authorize such an application. L. Planned Developments. . In this PMFR zoning 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, 1976, as amended. A conditional use for a planned development may be requested by an individual lot or property owner for a zoning lot without requiring an amendment to this PMFR zoning district and without necessitating that all other property owners in this PMFR zoning district authorize such an application. M. Conditional Uses. In this PMFR zoning district, the use and development of the land and structures shall be subject to the provisions of Chapter 19.65 Conditional Uses of the Elgin Municipal Code, 1976, as amended. A conditional use may be requested by an individual lot or property owner for a zoning lot without requiring an amendment to this PMFR zoning district and without necessitating that all other property owners in this PMFR zoning district authorize such an application. N. Variations. In this PMFR District, the use and development of the land and structures shall be subject to the provisions of Chapter 19.70, Variations of the Elgin Municipal Code, 1976, as amended. A variation may be requested by an individual lot or property owner for a zoning lot without requiring an amendment to this PMFR zoning district and without necessitating that all other property owners in this PMFR zoning district authorize such an application. O. Subdivisions – Generally. The subdivision of the subject property and development thereof shall comply with the subdivision regulations of the city, as amended, and the Plat Act of the State of Illinois. VOLUME LXXIX DECEMBER 3, 2014 495 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, 1976, as amended. Section 4. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed to the extent of any such conflict. Section 5. 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: December 3, 2014 Passed: December 3, 2014 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: December 3, 2014 Published: December 5, 2014 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE Councilmember Powell made a motion, seconded by Councilmember Gavin, to place the following reports and minutes on file. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. Emergency Telephone System Board October 16, 2014 Committee of the Whole Minutes for November 5, 2014 City Council Minutes for November 5, 2014 Telecommunications Tax Sales Tax Local Sales Tax State Income Tax State Use Tax Electric Tax Hotel/Motel Tax Alcoholic Liquor Tax Video Gaming Revenue DECEMBER 3, 2014 VOLUME LXXIX 496 ANNOUNCEMENTS Mayor Kaptain made announcements regarding forthcoming meetings. ADJOURNMENT Councilmember Dunne made a motion, seconded by Councilmember Martinez, to adjourn the meeting. Upon a roll call vote: Yeas: Councilmembers Dunne, Gavin, Martinez, Powell, Prigge, Rauschenberger, Shaw, Steffen, and Mayor Kaptain. Nays: None. The meeting adjourned at 8:08 p.m. s/ Kimberly Dewis December 17, 2014 Kimberly Dewis, City Clerk Date Approved