Village of Palatine Village Council & Committee of the Whole met Feb. 10.
Here is the minutes provided by the committee:
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 |
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
RESULT: ADOPTED BY VOICE VOTE [UNANIMOUS]
MOVER: Greg Solberg, District 4 Councilman
SECONDER: Tim Millar, District 1 Councilman
AYES: Millar, Lamerand, Myslinski, Solberg, Kozlowski, Helms
1. Village Council & Committee of the Whole - Special Meeting - February 3, 2020 - Accepted
2. Village Council & Committee of the Whole - Regular Meeting - February 3, 2020 - Accepted
IV. MAYOR'S REPORT
1. Proclamation - League of Women Voters Day of Action In Recognition of Their
100th Year Anniversary, February 14, 2020 -
Mayor Schwantz proclaimed February 14, 2020, as League of Women Voters' Day in the Village of Palatine honoring the efforts of the League of Women Voters to secure and safeguard all US Citizens' right to vote and to promote educated involvement on local, state and national levels.
2. As Submitted -
Mayor Schwantz announced upcoming events:
Wednesday February 12: 11:30AM-1PM
Engage PACC!
Durty Nellies
Friday February 14 through Sunday February 16
Friends of the Palatine Library Used Book Sale
Palatine Library
Saturday February 15: 6:30PM-10PM
American Legion Junior Auxiliary Spaghetti Dinner
American Legion Post 690
Sunday February 16: 7:45AM-1:15PM
Knights of Columbus Blood Drive
St. Thomas of Villanova - Rowley Center
Monday February 17: 9AM-4PM
School’s Day Out - (Ultimate Ninjas)
Drop Off: Salt Creek Sports Center
Monday February 17: 9AM-4PM
School’s Out Fun
Falcon Park Recreation Center
Tuesday February 18: 3:15PM-6PM
Census Hiring Event
Palatine Library
Monday, February 17 President’s Day - Village offices are closed.
V. RECESS TO THE COMMITTEE OF THE WHOLE
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: Tim Millar, District 1 Councilman
AYES: Millar, Lamerand, Myslinski, Solberg, Kozlowski, Helms
VI. COMMITTEE OF THE WHOLE
A. POLICE POLICY & CODE SERVICES COMMITTEE – Time: 7:05 PM
DOUG MYSLINSKI, CHAIRMAN
1. 1480 W. Poplar Street (Council District: One):
Planning & Zoning Director Ben Vyverberg presented the Petitioner's proposal to construct a new single-family home on Lot 2 in the Clearwater Subdivision, with an Amendment to the Clearwater Subdivision Planned Development to permit a 40-foot setback from the front lot line instead of the required 50 feet. The subdivision was approved with a 50-foot front yard building setback established and recorded on two lots (including the subject lot). The Petitioners indicate that the setback reduction request is due to the existence of poor soils on the property. A geotechnical investigation was prepared by a soil engineer and submitted to the Village Engineer for review. The report indicated that the 3 soil borings (at the 50-foot setback) are not recommended for the support of foundations, without deeper foundation depths or foundations supported on well- graded crushed stone to reduce the magnitude of long-term differential settlement. Vyverberg illustrated the portion of the garage, a porch and a 2-story stairwell that would encroach in the front yard setback.
The Petitioners are proposing to construct a 12-foot wide asphalt driveway across Lots 1 and 2 that would ultimately connect to Poplar Street. A driveway maintenance agreement for Lots 1 and 2 was recorded in November, 2018. The Plan Commission voted 6-0 to approve the request for the Planned Development Amendment to Clearwater Subdivision Planned Development (#O-046-02) for a front yard setback reduction to permit a new single-family home. Based upon the 2002 subdivision approval, and the previously established front yard setbacks for lots 1-4 and privately recorded building lines, Staff recommends action at the Village Council’s discretion for the Special Use for a front yard setback reduction.
Originally brick was required, petitioners are proposing stone and Hardie Lap siding. Vinyl siding was not approved originally. Neighbors participated in 2001 and 2002 negotiations for development of the property.
Vyverberg explained the access to Poplar and right of way overlay necessary for access to subject property. Lots 1 and 2 would be accessed through a private driveway on the east side of the property. The private driveway is then accessed through the Poplar Street right-of-way. A driveway access agreement for Lots 1 and 2 was a requirement of the Planned Development. The Petitioners and the Lot 1 property owner have an executed driveway agreement, as required. As a condition of the Planned Development, the engineering plans required the installation of a 1.5 inch overlay onto Poplar Street, at the determination of the Village Engineer. Staff communicated to the Petitioner that this improvement to Poplar Street would be required, through the review and approval of a license agreement. The License Agreement will require that the owner be responsible for the construction and maintenance of the improved Poplar Street right-of-way access. In lieu of requiring a complete removal and reconstruction of this section of Poplar Street, it is acceptable to the Village for the Petitioner to complete a 1.5 inch overlay and maintain the approximately 17 feet in width. It may be possible for the Petitioner to submit a recapture petition for the installation of the required overlay into the Poplar Street right-of-way. As a condition of the license agreement, the Village will sign this section as leading to a private drive to avoid any confusion as to its use as a public street. Staff recommends executing the License Agreement, subject to review and approval by the Village Attorney, to allow the Petitioner to complete improvements within the Poplar Street right-of- way to provide access to 1480 W. Poplar Street.
In response to Councilman Myslinski, Vyverberg stated that the neighbors to the east expressed concern in the Plan Commission meeting that the back yard and access driveway will face the front yard of the neighbors to the east. An overlay added to Poplar for private access to the lot will be required of the developer.
Councilman Millar approved stone and right of way, but opposes reducing the set back requirement.
Councilman Solberg stated that he was on the Council in 2001 and 2002 and recalls the issues at the time and the 50 foot setback condition required along with many other conditions in 2002. Noting has changed.
Councilman Helms commented on the attractive home as proposed, but noted the necessity of caissons required to hold the home up and the real possibility of the surrounding land sinking. Concern for the 805' water level and the 805' depth of the basement, requiring the sump pump working constantly. He opposes the reduced set back.
Anthony and Eleni Pecoraro, 405 S. Creekside Dr. Palatine, owners, noted that over the last 20 years the water line has changed from 804.5 to 805.1. The water line has changed.
Councilman Helms commented on the soil quality.
Pecoraro stated that he has had 6 borings (including three from 2002) on the property that indicate improvement to the east. Caissons will be required. Councilman Helms is correct, 805 is the water level and the basement should be raised.
Pecoraro assumed that in 2001 the developer brought earth from the pond up, without compacting it, to provide the area for building.
Councilman Helms suggested a partial crawl space, decreasing the size of the basement. Pecoraro stated he will have a 10 foot wall anyway, why not have a basement, or possibly raise the entire elevation of the house.
Councilman Myslinski stated the soil boring indicated poor soil quality, not recommended for building.
In response to Kozlowski, Public Works Director Matt Barry stated that this is a naturally occurring regional detention pond and the high-water is slightly below 808' and average 805', low is just above 803'. It is regularly inspected before and after any substantial storm.
Councilman Helms suggested attaching a condition regarding the elevation to the property deed as a warning for future buyers.
Ottesen stated the Council can set any conditions, the building permit process will remain as set. More soil work may be necessary. If it is subject to water in the basement, a natural gas generator may be required due to the necessity of the sump pump.
Village Manager Reid Ottesen recommended separating the items. Instead of a public street (as considered in 2002 when Poplar was in better shape), a more user friendly standard would be to use Poplar as a private drive.
Symon Arnold, 1048 N. Palos, directly to the east, stated back in 2002, the property was extended for development. There are other options to build on this property, but the quality of the soil must be considered.
1. Petitioners are looking for a reasonable return (purchase price was $70,000, $130,000 lower than the value of a similar lot anywhere else in the area), no unique circumstances exist, developer knew the conditions.
2. Variations are not consistent with the character of neighboring areas with the front face of one house facing the rear yard and driveway of the adjacent property.
3. The variation of the house in close proximity to the rear lot line is impacting the planting and lighting; the high water mark has not changed.
4. In 2001 the Council based conditions on the situations at the time that still exist today.
5. The values of the neighboring properties will be negatively impacted, and storm run-off will negatively impact the neighboring properties to the north and the trees along the property line.
In response to Councilman Helms, Arnold said $250,000 was the price proposed by the owners for the neighbors to purchase the property to safe guard their own properties from future development.
Barry confirmed that the primary outlet for the pond that is used to regulate the water level has not changed since 2002.
Pecoraro added he knew there was some opposition to the proposal, but did not get neighbor response. The proposed home, 2750 square feet, would be approximately $500,000. He is trying to work with the neighbors in the area.
Arnold responded that he travels on business and could not respond until today.
A. Consider an Ordinance Granting a Planned Development Amendment for the Clearwater Subdivision Planned Development Ordinance (#O-046-02) to Permit a Front Yard Setback Reduction for a New Single-Family Residential Home at 1480 W. Poplar Street - Motion Failed by Roll Call (Council District: One)
After discussion, Councilman Millar offered a substitute motion, seconded by Councilman Lamerand, to approve Item A separately.
RESULT: MOTION FAILED BY ROLL CALL [0 TO 7]
MOVER: Tim Millar, District 1 Councilman
SECONDER: Scott Lamerand, District 2 Councilman
NAYS: Schwantz, Millar, Lamerand, Myslinski, Solberg, Kozlowski, Helms
B. Consider a Motion Authorizing the Mayor to Execute a License Agreement, Subject to Review and Approval by the Village Attorney, for Improvements to the Portion of the Poplar Street Right-of-Way that Provides Access to 1480 W. Poplar Street - Motion Carried by Roll Call (Council District: One)
RESULT: MOTION CARRIED BY ROLL CALL [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.
B. FIRE POLICY & COMMUNITY INFORMATION COMMITTEE – Time: 7:46 PM
BRAD HELMS, CHAIRMAN
1. Consider a Motion Approving a Waiver of the Village of Palatine's Sound Amplification Ordinance for the St. Pat's Party on March 13 & 14, 2020 at Tap House Grill, 56 W. Wilson Street - Approved by Voice Vote (Council District: Six)
Deputy Village Manager Mike Jacobs presented the Tap House Grill proposal to host a St. Pat's Party on March 13, 14 & 15 (Friday - Sunday), 2020, to be held in a 40' x 80' tent in the Tap House Grill parking lot with live music/DJ and Irish themed food/beer. The proposed hours for the event are: Friday, 6 PM - 9:45 PM; Saturday, 10 AM - 9 PM; and Sunday, 11 AM -5 PM. The proposed hours for sound waiver are: 6:30 - 9:30 on Friday and 10 AM to 9 PM on Saturday, No sound waiver on Sunday. Staff recommends action at the discretion of the Village Council.
RESULT: APPROVED BY VOICE VOTE [UNANIMOUS]
MOVER: Kollin Kozlowski, District 5 Councilman
SECONDER: Tim Millar, District 1 Councilman
AYES: Schwantz, Millar, Lamerand, Myslinski, Solberg, Kozlowski, Helms
2. Consider a Motion Approving the Village of Palatine's Spring 2020 ENewsletter Article Topic List - Approved by Voice Vote
Deputy Village Manager Mike Jacobs requested approval of the proposed topics for the 2020 Spring on-line Village Newsletter which will be similar in format to previous newsletters to be posted the week of March 2, 2020. Only one paper newsletter will go out in the Fall.
Village Manager Reid Ottesen said anyone calling for a paper copy, the Village will provide one.
Kozlowski recommended an article on legalized cannabis usage.
RESULT: APPROVED BY VOICE VOTE [UNANIMOUS]
MOVER: Doug Myslinski, District 3 Councilman
SECONDER: Scott Lamerand, District 2 Councilman
AYES: Schwantz, Millar, Lamerand, Myslinski, Solberg, Kozlowski, Helms
3. As Submitted -
Nothing was submitted.
C. ADMINISTRATION, TECHNOLOGY & COMMUNITY HEALTH COMMITTEE – Time: 7:51 PM
TIM MILLAR, CHAIRMAN
1. As Submitted -
Nothing was submitted.
D. BUSINESS FINANCE & BUDGET COMMITTEE – Time: 7:51 PM
GREG SOLBERG, CHAIRMAN
1. As Submitted -
Nothing was submitted.
E. COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE – Time: 7:51 PM
SCOTT LAMERAND, CHAIRMAN
1. As Submitted -
Nothing was submitted.
F. INFRASTRUCTURE & ENVIRONMENT COMMITTEE – Time: 7:51 PM
KOLLIN KOZLOWSKI, CHAIRMAN
1. As Submitted -
Nothing was submitted.
VII. RECONVENE THE VILLAGE COUNCIL MEETING – Time: 7:52 PM
Reconvene the Village Council Meeting - 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
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 Approving the Village of Palatine's Spring 2020 E-Newsletter Article Topic List - Approved
2. Consider a Resolution Regarding the Review of Closed Session Minutes - Adopted by Roll Call
Resolution #R-4-20
IX. REPORTS OF STANDING COMMITTEE
A. ADMINISTRATION, TECHNOLOGY & COMMUNITY HEALTH COMMITTEE – Time: 7:52 PM
TIM MILLAR, CHAIRMAN
1. As Submitted -
No Report
B. BUSINESS FINANCE & BUDGET COMMITTEE – Time: 7:52 PM
GREG SOLBERG, CHAIRMAN
1. As Submitted -
No Report
C. COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE – Time: 7:52 PM
SCOTT LAMERAND, CHAIRMAN
1. As Submitted -
No Report
D. FIRE POLICY & COMMUNITY INFORMATION COMMITTEE – Time: 7:52 PM
BRAD HELMS, CHAIRMAN
1. Consider a Motion Approving a Waiver of the Village of Palatine's Sound Amplification Ordinance for the St. Pat's Party on March 13 & 14, 2020 at Tap House Grill, 56 W. Wilson Street - Approved by Roll Call (Council District: Six)
This item was heard earlier this evening and was approved in Committee.
RESULT: APPROVED BY ROLL CALL [UNANIMOUS]
MOVER: Brad Helms, District 6 Councilman
SECONDER: Scott Lamerand, District 2 Councilman
AYES: Millar, Lamerand, Myslinski, Solberg, Kozlowski, Helms
2. As Submitted -
No Report
E. INFRASTRUCTURE & ENVIRONMENT COMMITTEE – Time: 7:53 PM
KOLLIN KOZLOWSKI, CHAIRMAN
1. As Submitted -
No Report
F. POLICE POLICY & CODE SERVICES COMMITTEE – Time: 7:54 PM
DOUG MYSLINSKI, CHAIRMAN
1. Consider an Ordinance Granting a Planned Development Amendment for the Clearwater Subdivision Planned Development Ordinance (#O-046-02) to Permit a Front Yard Setback Reduction for a New Single-Family Residential Home at 1480 W. Poplar Street - Motion Failed by Roll Call (Council District: One)
This item was discussed earlier this evening and failed in the Police Policy & Code Services Committee meeting.
RESULT: MOTION FAILED BY ROLL CALL [0 TO 6]
MOVER: Greg Solberg, District 4 Councilman
SECONDER: Tim Millar, District 1 Councilman
NAYS: Millar, Lamerand, Myslinski, Solberg, Kozlowski, Helms
2. Consider a Motion Authorizing the Mayor to Execute a License Agreement, Subject to Review and Approval by the Village Attorney, for Improvements to the Portion of the Poplar Street Right-of-Way that Provides Access to 1480
W. Poplar Street - Motion Carried by Roll Call (Council District: One)
This item was discussed earlier this evening and was approved in the Police Policy & Code Services Committee meeting.
RESULT: MOTION CARRIED BY ROLL CALL [UNANIMOUS]
MOVER: Greg Solberg, District 4 Councilman
SECONDER: Tim Millar, District 1 Councilman
AYES: Millar, Lamerand, Myslinski, Solberg, Kozlowski, Helms
3. As Submitted -
No Report
X. REPORTS OF THE VILLAGE OFFICERS
A. VILLAGE MANAGER – Time: 7:56 PM
1. As Submitted -
Village Manager Reid Ottesen announced the next Village Council meeting will be on Tuesday, March 18, 2020 due to Village offices being closed on Monday, February 17, 2020 for Presidents Day.
B. VILLAGE CLERK – Time: 7:56 PM
1. As Submitted -
No Report
C. VILLAGE ATTORNEY – Time: 7:56 PM
1. As Submitted -
No Report
XI. CLOSED SESSION AS REQUIRED – Time: 7:56 PM
No Closed Session requested.
XII. RECOGNITION OF AUDIENCE – Time: 7:56 PM
No one came forward.
XIII.ADJOURNMENT – Time: 7:56 PM
Adjourn the Village Council Meeting - Motion Carried by Voice Vote
RESULT: MOTION CARRIED BY VOICE VOTE [UNANIMOUS]
MOVER: Tim Millar, District 1 Councilman
SECONDER: Kollin Kozlowski, District 5 Councilman
AYES: Schwantz, Millar, Lamerand, Myslinski, Solberg, Kozlowski, Helms
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