Village of Palatine Village Council and Committee of the Whole met May 14.
Here is the minutes provided by the Council:
I. Roll Call – Time: 7:00 pm
Attendee Name; Title; Status; Arrived:
Jim Schwantz; Mayor; Present;
Tim Millar; District 1 Councilman; Present;
Scott Lamerand; District 2 Councilman; Present;
Doug Myslinski; District 3 Councilman; Present;
Greg Solberg; District 4 Councilman; Present;
Kollin Kozlowski; District 5 Councilman; Present;
Brad Helms; District 6 Councilman; Present;
Also Present:
Village Clerk Marg Duer, Village Manager Reid Ottesen, Deputy Village Manager Mike Jacobs, Village Attorney Patrick Brankin, Director of Planning & Zoning Ben Vyverberg, Director of Public Works Matt Barry, Fire Chief Scott Andersen, IT Director Larry Schroth, Director of Finance Paul Mehring, Director of Community Services Harry Spila, and Police Chief Alan Stoeckel
II. Pledge To The Flag – Time: 7:00 pm
Mayor Schwantz invited everyone to stand and join him in the Pledge to the Flag.
III. Approval Of Minutes – Time: 7:01 pm
1. Village Council & Committee of the Whole - Regular Meeting - May 7, 2018 - Accepted
Result: Accepted [Unanimous]
Mover: Greg Solberg, District 4 Councilman
Seconder: Brad Helms, District 6 Councilman
Ayes: Millar, Lamerand, Myslinski, Solberg, Kozlowski, Helms
IV. Mayor's Report – Time: 7:01 pm
1. As Submitted -
Mayor Schwantz announced upcoming events:
May 13 - 19: Proclamation Declaring National Police Week
May 15: Designated Peace Officers Memorial Day signed by President John F. Kennedy in 1962
Friday, May 18-
Cop on Top
Dunkin Donuts
Saturday, May 19-
Palatine Farmers’ Market 7 am - 1 pm
Train Station Parking Lot
V. Recess To The Committee Of The Whole – Time: 7:02 pm
Motion to Recess to Committee of the Whole - Motion Carried by Voice Vote
Result: Motion Carried By Voice Vote [Unanimous]
Mover: Brad Helms, District 6 Councilman
Seconder: Doug Myslinski, District 3 Councilman
Ayes: Millar, Lamerand, Myslinski, Solberg, Kozlowski, Helms
VI. Committee Of The Whole
A. Fire Policy & Community Information Committee – Time: 7:02 pm
Kollin Kozlowski, Chairman
1.Consider a Motion Granting Approval of a Waiver of the Village's Sound Amplification Ordinance and Temporary Amendment to the Licensed Premises for American Legion Post 690's 2018 Movie Nights at 122 W. Palatine Road - Approved by Voice Vote (Council District: Six)
Deputy Village Manager Mike Jacobs presented the American Legion Post 690's request to host four Movie Nights in their parking lot on June 22, July 27, August 17, and September 14 from 8 (dusk) - 11 p.m. with beer and wine served outside and charge $10 per person (which will include 3 beer/wine tickets). Staff recommends approval of the American Post Legion 690 Movie Nights, including the waiver of the Village’s Amplified Sound Ordinance and temporary amendment to the Licensed Premises, subject to the proposed conditions.
Result: Approved By Voice Vote [Unanimous]
Mover: Brad Helms, District 6 Councilman
Seconder: Doug Myslinski, District 3 Councilman
Ayes: Schwantz, Millar, Lamerand, Myslinski, Solberg, Kozlowski, Helms
2. Consider a Motion Approving a Live Entertainment Event and a Temporary Waiver of the Village's Sound Amplification Ordinance for Tap House Grill's Memorial Day Weekend Event on May 27, 2018 - Approved by Voice Vote (Council District: Six)
Deputy Village Manager Mike Jacobs presented Tap House Grill's proposal to have a band perform inside their restaurant on Sunday, May 27 from 9 PM to Midnight with a request for a waiver of the Village's Sound Amplification Ordinance allowing them to open the doors along the south side of their building during the band’s performance (weather permitting).
Tap House Grill’s original special use approval included live entertainment, but they have never obtained a Live Entertainment License. Staff is supportive of this one-time request, but if future similar events are desired Tap House Grill would need to re-institute their Special Use for Live Entertainment. Staff has concerns about noise impacts on surrounding properties from 9 PM - Midnight. Staff recommends approval of the temporary live entertainment event (without a waiver of the Sound Amplification Ordinance).
Councilman Helms stated that it is worth a try one time to see how it impacts the neighborhood.
Councilman Millar noted that if the sound is a nuisance, police would request closing the doors.
Karen Schutz, Tap House, thanked the Council for considering the option of opening the doors, assuring that the doors would be closed if sound is a nuissance.
Councilman Lamerand asked for the name of a contact person on site the night of the event and to have a door closing plan in place.
Result: Approved By Voice Vote [Unanimous]
Mover: Brad Helms, District 6 Councilman
Seconder: Tim Millar, District 1 Councilman
Ayes: Schwantz, Millar, Lamerand, Myslinski, Solberg, Kozlowski, Helms
3. As Submitted -
Nothing was submitted.
B. Police Policy & Code Services Committee – Time: 7:09 pm
Scott Lamerand, Chairman
1.. Consider an Ordinance Granting a Special Use and Variation for a NonConforming Multi-Family Dwelling at 111 E. Palatine Road - Motion Carried by Voice Vote (Council District: Six)
Planning & Zoning Director Ben Vyverberg explained the subject property, approximately 0.36 acres, is currently improved with a residential dwelling, detached garage, and associated driveway. The petitioner is proposing a Special Use and Variation to permit a non-conforming multi-family (duplex) dwelling within the R-2 Single-Family Residential district. The subject property is an existing rental property (since before 2011), but is currently vacant as of January 2018. Prior to being a rental property, the subject property was used as the Camelot Care Center, a residence for children. Under its current R-2 Single-Family zoning, multi-family dwellings are not permitted. However, due to the number of non-conforming multi-family dwellings and difficulty determining whether the dwelling is legal or illegal, the Village approved a text amendment in 1997 to allow special use review of non-conforming multifamily dwellings in single-family residential districts. The petitioner is not proposing any changes to the footprint of the home, but the petitioner has hired an architect to address any life safety or other issues requiring a building permit. The Plan Commission voted 7-0 to approve this request and staff concurs with this recommendation.
Councilman Helms stated that its location makes the duplex reasonable.
Result: Motion Carried By Voice Vote [Unanimous]
Mover: Brad Helms, District 6 Councilman
Seconder: Kollin Kozlowski, District 5 Councilman
Ayes: Schwantz, Millar, Lamerand, Myslinski, Solberg, Kozlowski, Helms
2. Consider an Ordinance Granting Variations for a Patio and Sidewalk at 920 W. Kenilworth Avenue - Motion Carried by Voice Vote (Council District: One)
Planning & Zoning Director Ben Vyverberg presented the Petitioner's construction of a new patio and sidewalk, which both encroach in the required setbacks, without a building permit. The patio was constructed on both the side and rear lot lines and the service walk was constructed 1 ½ feet from the side lot line and is also located in a 10-foot public utility easement. The petitioner has received sign-offs from all utility companies. With the addition of the patio and service walk, the building coverage is approximately 38% (35% is the maximum) and the lot coverage is 56% (45% is the maximum). The building coverage is an existing condition. A building permit was applied for, but never approved in November 2017. As part of the building permit review, staff indicated that the proposed improvements must be set back 2 feet from the lot lines or a variation would be required. These comments were never addressed and the subject improvements were made. Following the ZBA’s review and recommendation, the petitioner has revised his plans to show adjustments that would be made to address the Village Engineer’s recommendations. The revised plan still requires relief from the required 2- foot setback, but is a more acceptable proposal. The Zoning Board of Appeals voted 4-3 to deny this request. Staff recommends action at the discretion of the Village Council. Per code, any variation not recommended for approval by the ZBA requires a favorable vote by 2/3 of the Village Council (not including Mayor) to approve.
Councilman Millar noted the Village approval of the drainage plan.
Result: Motion Carried By Voice Vote [Unanimous]
Mover: Tim Millar, District 1 Councilman
Seconder: Doug Myslinski, District 3 Councilman
Ayes: Schwantz, Millar, Lamerand, Myslinski, Solberg, Kozlowski, Helms
3. Consider Ordinances Granting Variations to Permit Additional Attached Signage and An Additional Freestanding Sign at 773 N. Quentin Road - Motion Carried by Voice Vote (Council District: One)
Planning & Zoning Director Ben Vyverberg presented the petitioner's request for relief to maintain three existing attached signs and a freestanding sign. The code allows one attached sign, per frontage, for this location. The main attached sign is approximately 25 square feet, and only one attached sign (maximum 40 square feet) is permitted. As part of the renovation and build out of the tenant space, the petitioner included 3 additional attached signs, with a total square footage less than 2 feet over 40 square feet and is seeking relief to maintain the signs.
In the B-1 District, a shopping center on less than two acres may only have one freestanding sign. This location currently has two freestanding signs. The petitioner added an additional freestanding sign at the Quentin Road entrance at approximately 32 square feet (48” X 120”), which requires a variation. Modifications to the two existing multi-tenant freestanding signs could improve the situation. The Zoning Board of Appeals voted 5-2 to recommend approval. Staff recommends approval of the attached signage and action at the discretion of the Council for the freestanding sign.
Council consensus to address the two issues separately.
Council approved the first issue for variations allowing 4 attached signs instead of 1 in a gross surface area of 44 square feet, instead of 40 square feet per frontage.
Councilman Kozlowski, seconded by Councilman Myslinski moved to allow a third free-standing sign.
Christina Garbo, petitioner, stated the sign is 4' x 8' to be placed off the ground. The plaza owner will not allow more signage on the existing sign.
Mayor Schwantz said he could not support the proposed sign. He would work with the center owner to promote their business on the existing sign. He also asked for a rendering for a smaller sign.
Vyverberg noted that the current signage is maximum for the center.
Councilman Helms stated he supports leaving the sign 30-60 days.
Motion to approve the two attached signage requests.
Result: Motion Carried By Voice Vote [Unanimous]
Mover: Brad Helms, District 6 Councilman
Seconder: Kollin Kozlowski, District 5 Councilman
Ayes: Schwantz, Millar, Lamerand, Myslinski, Solberg, Kozlowski, Helms
Motion to Continue 773 N. Quentin - VAR for Freestanding Signs – Motion Carried by Voice Vote
Councilman Kozlowski, seconded by Councilman Myslinski moved to continue the Ordinance granting variances for the freestanding signs to July 16.
Result: Motion Carried By Voice Vote [Unanimous]
Mover: Kollin Kozlowski, District 5 Councilman
Seconder: Doug Myslinski, District 3 Councilman
Ayes: Millar, Lamerand, Myslinski, Solberg, Kozlowski, Helms
4. As Submitted -
Nothing was submitted.
C. Infrastructure & Environment Committee – Time: 7:30 pm
Greg Solberg, Chairman
1. Consider a Motion Authorizing the Village Manager to Purchase Three Replacement Five-Ton Dump Trucks - Approved by Voice Vote
Public Works Director Matt Barry presented the appropriated $453,000 for replacement of three 2006 heavy-duty five-ton dump trucks used year-round. Staff recommends waiving formal bid procedures and authorizing the Village Manager to approve the purchase of three Freightliner 108SD chassis five-ton dump trucks from Northwest Trucks Inc. in the amount of $232,740 and upfitting from Bonnell Industries in the amount of $214,425 for a total cost not to exceed $447,165.
Result: Approved By Voice Vote [Unanimous]
Mover: Jim Schwantz, Mayor
Seconder: Kollin Kozlowski, District 5 Councilman
Ayes: Schwantz, Millar, Lamerand, Myslinski, Solberg, Kozlowski, Helms
2. As Submitted -
Nothing was submitted.
D. Administration, Technology & Community Health Committee – Time: 7:31 pm
Brad Helms, Chairman
1. As Submitted -
Nothing was submitted.
E. Business Finance & Budget Committee – Time: 7:31 pm
Doug Myslinski, Chairman
1. As Submitted -
Nothing was submitted.
F. Community & Economic Development Committee – Time: 7:31 pm
Tim Millar, Chairman
1. As Submitted -
Nothing was submitted.
VII. Reconvene The Village Council Meeting – Time: 7:32 pm
Motion to Reconvene the Village Council Meeting - Motion Carried by Voice Vote
Result: Motion Carried By Voice Vote [Unanimous]
Mover: Brad Helms, District 6 Councilman
Seconder: Tim Millar, District 1 Councilman
Ayes: Millar, Lamerand, Myslinski, Solberg, Kozlowski, Helms
VIII.Consent Agenda
All items are considered to be routine by the Village Council and will be enacted by one motion, with waiver of first reading. There will be no separate discussion of these items unless a Council Member so requests, in which event the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda.
Result: Adopted By Roll Call [Unanimous]
Mover: Scott Lamerand, District 2 Councilman
Seconder: Tim Millar, District 1 Councilman
Ayes: Millar, Lamerand, Myslinski, Solberg, Kozlowski, Helms
1. Consider a Motion Granting Approval of a Waiver of the Village's Sound Amplification Ordinance and Temporary Amendment to the Licensed Premises for American Legion Post 690's 2018 Movie Nights at 122 W. Palatine Road - Approved (Council District: Six)
2. Consider an Ordinance Granting a Special Use and Variation for a NonConforming Multi-Family Dwelling at 111 E. Palatine Road - Approved (Council District: Six)
Ordinance #O-51-18
3. Consider a Motion Authorizing the Village Manager to Purchase Three Replacement Five-Ton Dump Trucks - Approved
4. Consider an Ordinance Granting an Administrative Special Use to Permit a Fence in the Rear Yard Abutting a Front Yard at 1630 W. Edgewater Lane - Approved (Council District: One)
Ordinance #O-52-18
5. Consider an Ordinance Transferring a Special Use Ordinance to Permit the Continued Operation of a Restaurant (Dunkin' Donuts/Baskin-Robbins) at 801 E. Dundee Road - Approved (Council District: Four)
Ordinance #O-53-18
IX. Reports Of Standing Committee
A. Administration, Technology & Community Health Committee – Time: 7:32 pm
Brad Helms, Chairman
1. As Submitted -
No Report
B. Business Finance & Budget Committee – Time: 7:32 pm
Doug Myslinski, Chairman
1. As Submitted -
No Report
C. Community & Economic Development Committee – Time: 7:32 pm
Tim Millar, Chairman
1. As Submitted -
No Report
D. Fire Policy & Community Information Committee – Time: 7:32 pm
Kollin Kozlowski, Chairman
1.Consider a Motion Approving a Live Entertainment Event and a Temporary Waiver of the Village's Sound Amplification Ordinance for Tap House Grill's Memorial Day Weekend Event on May 27, 2018 - Approved by Roll Call (Council District: Six)
Result: Approved By Roll Call [Unanimous]
Mover: Kollin Kozlowski, District 5 Councilman
Seconder: Greg Solberg, District 4 Councilman
Ayes: Millar, Lamerand, Myslinski, Solberg, Kozlowski, Helms
2. As Submitted -
No Report
E. Infrastructure & Environment Committee – Time: 7:33 pm
Greg Solberg, Chairman
1. As Submitted -
No Report
F. Police Policy & Code Services Committee – Time: 7:33 pm
Scott Lamerand, Chairman
1. Consider an Ordinance Granting Variations for a Patio and Sidewalk at 920 W. Kenilworth Avenue - Motion Carried by Roll Call (Council District: One)
Ordinance #O-54-18
Result: Motion Carried By Roll Call [Unanimous]
Mover: Scott Lamerand, District 2 Councilman
Seconder: Kollin Kozlowski, District 5 Councilman
Ayes: Millar, Lamerand, Myslinski, Solberg, Kozlowski, Helms
2. Consider Ordinances Granting Variations to Permit Additional Attached Signage and An Additional Freestanding Sign at 773 N. Quentin Road - Motion Carried by Roll Call (Council District: One)
Council approved variations to allow 4 attached signs in a gross surface area of 44 square feet for Part 1 of this Item.
Ordinance #O-55-18
Result: Motion Carried By Roll Call [Unanimous]
Mover: Scott Lamerand, District 2 Councilman
Seconder: Kollin Kozlowski, District 5 Councilman
Ayes: Millar, Lamerand, Myslinski, Solberg, Kozlowski, Helms
Motion to Continue 773 N. Quentin Road - VAR Free Standing Signs - Motion Carried by Roll Call
Councilman Lamerand explained the motion to allow a variation for a third free standing sign instead of the allowed one and the recommendation to continue this part of the item to July 16, giving the petitioner more time to work with the center owner for sign modifications.
Result: Motion Carried By Roll Call [Unanimous]
Mover: Scott Lamerand, District 2 Councilman
Seconder: Doug Myslinski, District 3 Councilman
Ayes: Millar, Lamerand, Myslinski, Solberg, Kozlowski, Helms
3. As Submitted -
No Report
X. Reports Of The Village Officers
A. Village Manager – Time: 7:36 pm
1. As Submitted -
No Report
B. Village Clerk – Time: 7:36 pm
1. As Submitted -
No Report
C. Village Attorney – Time: 7:36 pm
1. As Submitted -
No Report
XI. Closed Session As Required
No Closed Session requested.
XII. Recognition Of Audience – Time: 7:38 pm
Cat Ciocan, stated that his home has flooded for 11 years, and wants the problem fixed.
Councilman Millar will talk with him regarding the issues with potential improvement.
Garbage trucks have caused defects on the curb.
Councilman Millar and Matt Barry will meet with Mr. Ciocan after the meeting this evening.
Leo Casarez, 713 Mark Court, opposed the 12 events approved for the Culinary Kitchen Barbeque business based on noise from music and people attending. No one in the area was informed of the item that was approved by the Council a month ago.
Village Manager Reid Ottesen stated the outdoor events were not noticed to the neighbors. A courtesy notice should have gone out. Hours of the events end at 9:00 which is earlier than many outdoor events.
Mayor Schwantz stated that neighbors should call 911 if it is bothersome. The events will end if they are causing a nuisance in the neighborhood.
Councilman Helms stated that had he known notices did not go out, he would have voted differently.
Jim Pilafas, 716 Mark Court, stated, in addition to concerns regarding lack of notification of Culinary Kitchen's outdoor events and garbage, he has an ongoing problem with the noise of the Zumba studio. He fears more problems with the outdoor barbecue. Smoke, odor, noise, vibration are all caused by these events. Garbage comes over the fence, and in general, the center is not maintained properly.
In response to the neighbors' complaints, Village Manager Reid Ottesen stated that notice was sent out today regarding the Zumba noise and a hearing was set for the revocation of the business license based on violations that Pilafas brought to the attention of the Village. Ottesen agreed that courtesy notices should have been sent to neighbors regarding the request for outdoor events at the Culinary Kitchen and directed Community Services to inspect the area behind the center for proper maintenance.
Both Ottesen and Mayor Schwantz assured the neighbors that excessive noise complaints will put an end to the outdoor events.
XIII.Adjournment – Time: 7:52 pm
Motion to Adjourn the Village Council Meeting - Motion Carried by Voice Vote
Result: Motion Carried By Voice Vote [Unanimous]
Mover: Kollin Kozlowski, District 5 Councilman
Seconder: Scott Lamerand, District 2 Councilman
Ayes: Schwantz, Millar, Lamerand, Myslinski, Solberg, Kozlowski, Helms
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