Village of Palatine Village Council & Committee of the Whole met June 15

By Kristine Gonzales-Abella

Jul 20, 2020

Village of Palatine Village Council & Committee of the Whole met June 15.

Here is the minutes provided by the committee:

The Village Council & Committee of the Whole meeting will take place in the Village Council Chambers (located at 200 E. Wood Street). The meeting will also be broadcast live on Comcast Channel 6 and streamed live through the Village’s ‘Agenda & Minutes’ section of our website (www.palatine.il.us). Village Hall will be open for any member of the public that would like to provide comment or testimony regarding an agenda item at the meeting, while still adhering to the Governor’s Executive Orders. If a member of the public cannot access the meeting through one of the above means, please contact the Village Manager’s Office at (847) 359-9050 by no later than 3 PM on Monday, June 15th to be provided with a call in code.

I. ROLL CALL – Time: 7:00 PM

Attendee Name

Title

Status

Arrived

Jim Schwantz

Mayor

Present

Tim Millar

District 1 Councilman

Absent

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, and Police Chief Dave Daigle

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: 7:00 PM

1. Village Council & Committee of the Whole - Regular Meeting - June 8, 2020 - Accepted

RESULT: ACCEPTED [UNANIMOUS]

MOVER: Brad Helms, District 6 Councilman

SECONDER: Doug Myslinski, District 3 Councilman

AYES: Lamerand, Myslinski, Solberg, Kozlowski, Helms

ABSENT: Millar

IV. MAYOR'S REPORT – Time: 7:01 PM

1. As Submitted -

Mayor Schwantz announced upcoming events:

Village Hall hours are as follows: Monday-Friday: 8AM-4PM

Wednesday, June 17: 11:30AM - 1PM

Engage PACC! Workshop - Join Me and State Representative Tom Morrison On Zoom!

Tuesday, June 23: 12:30PM - 5:30PM

Blood Drive Hosted by State Representative Tom Morrison

Palatine Township

Every Saturday 7AM - 1PM through October

Palatine Summer Farmers’ Market

Palatine Train Station Parking Lot

V. RECESS TO THE COMMITTEE OF THE WHOLE – Time: 7:01 PM

Recess to Committee of the Whole - Motion Carried by Voice Vote

RESULT: MOTION CARRIED BY VOICE VOTE [UNANIMOUS]

MOVER: Doug Myslinski, District 3 Councilman

SECONDER: Scott Lamerand, District 2 Councilman

AYES: Lamerand, Myslinski, Solberg, Kozlowski, Helms

ABSENT: Millar

VI. COMMITTEE OF THE WHOLE

A. POLICEPOLICY&CODESERVICESCOMMITTEE–Time:7:02PM

GREG SOLBERG, CHAIRMAN

1. Consider a Motion Authorizing the Mayor to Execute a License Agreement to Allow a Portion of a Deck and the Associated Stairs to Encroach Into a Portion of the W. Wilson Street Public Right-of-Way - Approved by Voice Vote (Council District: Two)

Planning & Zoning Director Ben Vyverberg presented the request of the owners of 528 W. Bridgeview Creek for a License Agreement to extend their deck and stairs into the Village right-of-way, maintaining the deck and stairs, as other units have done. Removal of the deck and stairs or failure to maintain, would terminate the License Agreement. Staff recommends approval, subject to review by the Village Attorney.

RESULT: APPROVED BY VOICE VOTE [UNANIMOUS]

MOVER: Scott Lamerand, District 2 Councilman

SECONDER: Doug Myslinski, District 3 Councilman

AYES: Schwantz, Lamerand, Myslinski, Solberg, Kozlowski, Helms

ABSENT: Millar

2. Consider an Ordinance Granting a Special Use for an Accessory Piercing Store and a Unique Use (Tattoo Removal) at 7 N. Bothwell Street - Motion Carried by Voice Vote (Council District: Six)

Planning & Zoning Director Ben Vyverberg presented Bead World's request for their Special Use for piercing and tattoo removal be approved in their new location, 7 N. Bothwell Street. The ZBA unanimously recommends approval and Staff concurs.

RESULT: MOTION CARRIED BY VOICE VOTE [UNANIMOUS]

MOVER: Brad Helms, District 6 Councilman

SECONDER: Kollin Kozlowski, District 5 Councilman

AYES: Schwantz, Lamerand, Myslinski, Solberg, Kozlowski, Helms

ABSENT: Millar

3. Consider an Ordinance Granting a Special Use for a Medical Office (Eye Clinic) at 1142 E. Dundee Road - Motion Carried by Voice Vote (Council District: Four)

Planning & Zoning Director Ben Vyverberg presented the petitioner's request for a Special Use to permit a Medical Office Eye Clinic and optical boutique at 1142 E. Dundee Rd. Parking is over-parked by over 30 parking spaces. The ZBA unanimously recommends approval and Staff concurs.

RESULT: MOTION CARRIED BY VOICE VOTE [UNANIMOUS]

MOVER: Doug Myslinski, District 3 Councilman

SECONDER: Scott Lamerand, District 2 Councilman

AYES: Schwantz, Lamerand, Myslinski, Solberg, Kozlowski, Helms

ABSENT: Millar

4. Consider an Ordinance Granting a Special Use to Permit an Automobile Service and Repair Business at 1930 N. Rand Road - Motion Carried by Voice Vote (Council District: Three)

Planning & Zoning Director Ben Vyverberg presented the petitioner's request for a Special Use to permit a Caliber Collision: Auto Body Repair and Paint Shop at 1930 N. Rand Road, zoned B-5 Highway Business District. Vyverberg noted the changes in elevation and configuration. Neighbors to the rear expressed concern regarding the maintenance of the fence area. The ZBA unanimously recommends approval. Staff recommends action at the discretion of the Village Council.

In response to Councilman Myslinski, Vyverberg stated that the auto repair and automotive operations in the area have not received any noise complaints.

In response to Councilman Helms, Vyverberg explained the elevations, the bays, and the traffic pattern.

Mitch Goltz, GW Properties, Chicago, stated no vehicles would be sold, business is predominately with insurance companies, and all repairs will take place inside the building with doors closed. Very little activity will take place behind the building. The rear will be bordered with landscaping and fencing. Customers and employees will be parking in front.

The building is air conditioned and ventilated so no doors will be open.

Bill Casey, representing GFS, stated that a corporate decision was to quietly market this location which concluded with this closure.

RESULT: MOTION CARRIED BY VOICE VOTE [UNANIMOUS]

MOVER: Doug Myslinski, District 3 Councilman

SECONDER: Kollin Kozlowski, District 5 Councilman

AYES: Schwantz, Lamerand, Myslinski, Solberg, Kozlowski, Helms

ABSENT: Millar

5. As Submitted - Nothing was submitted.

B. INFRASTRUCTURE&ENVIRONMENTCOMMITTEE–Time:7:20PM BRAD HELMS, CHAIRMAN

1. Cooper Drive Water Main Replacement Project:

RESULT: ADOPTED BY VOICE VOTE [UNANIMOUS]

MOVER: Greg Solberg, District 4 Councilman

SECONDER: Doug Myslinski, District 3 Councilman

AYES: Schwantz, Lamerand, Myslinski, Solberg, Kozlowski, Helms

ABSENT: Millar

A. Consider a Motion to Award a Contract for the Cooper Drive Water Main Replacement Project - Approved (Council District: Four)

The motion was to approve items A. and B.

Public Works Director Matt Barry explained the need for water main replacement for Cooper Drive, from Clark Drive to Williams Drive (approximately 1,310 feet), and recommended awarding a contract to the low responsible bidder, Gerardi Sewer & Water Company of Addison, Illinois in the amount of $301,850.

In conjunction with the Cooper Drive Water Main Replacement Project, Barry recommended authorizing the Village Manager to execute the proposal from Doland Engineering for Construction Engineering Services for the Cooper Drive Water Main Replacement Project in the not-to- exceed amount of $24,160.

B. Consider a Motion Authorizing the Village Manager to Execute a Proposal for Construction Engineering Services for the Cooper Drive Water Main Replacement Project - Approved (Council District: Four)

2. Consider a Motion Authorizing the Village Manager to Execute a Proposal for Construction Engineering Services for the Rand Road and Hale Street Extension Water Main Replacement Project - Approved by Voice Vote

Public Works Director Matt Barry explained that following the Village Council's approval on June 8, 2020 of the water main replacement projects at Rand Road and Diane Drive and at the Hale Street extension, staff recommends authorizing the Village Manager to execute the proposal from BLA, Incorporated for Construction Engineering Services for the Rand Road and Hale Street Extension Water Main Replacement Project in the not-to-exceed amount of $45,000. Funds are available in the 2020 Capital Improvement Program water fund to accommodate the work on Rand Road, and available in the downtown TIF fund to accommodate the work on Hale Street.

RESULT: APPROVED BY VOICE VOTE [UNANIMOUS]

MOVER: Kollin Kozlowski, District 5 Councilman

SECONDER: Doug Myslinski, District 3 Councilman

AYES: Schwantz, Lamerand, Myslinski, Solberg, Kozlowski, Helms

ABSENT: Millar

3. As Submitted - Nothing was submitted.

C. ADMINISTRATION, TECHNOLOGY & COMMUNITY HEALTH COMMITTEE – Time: 7:22 PM

SCOTT LAMERAND, CHAIRMAN

1. Discussion on Tobacco Products Possession Under 21 -

Village Manager Reid Ottesen reported that last year, the Illinois General Assembly adopted new legislation making it illegal for anyone to sell tobacco products to individuals under the age of 21, and prohibited anyone under the age of 21 from buying tobacco products, including alternative nicotine products (more commonly known as the e-cigs). As a result, it is necessary to update the Village Code of Ordinances to reflect the State changes related to selling, buying, and defining the alternative tobacco products. Additionally, Code amendments are necessary to align our Code on the Adult Use Cannabis Act with new state statutes.

The policy issue for the Village Council to consider comes from a loophole in the new Tobacco 21 statutes. While selling tobacco to anyone under 21 and purchasing tobacco by anyone under 21 are illegal, Police and the Administration recommend prohibiting by local ordinance the possession of tobacco and other alternative nicotine products by individuals under 21, with a very clear enforcement process. Violations would be a local ordinance ticket. Under our Home Rule Authority, the Village can prohibit possession under the age of 21. Staff recommends a discussion and policy direction for final ordinance with an effective date August 1, 2020, for consideration at an upcoming Council Meeting.

In response to Councilman Helms, Ottesen said paraphernalia will not be part of the ordinance.

Consensus was for staff to draft an ordinance updating Village Code on these issues.

2. As Submitted - Nothing was submitted.

D. BUSINESSFINANCE&BUDGETCOMMITTEE–Time:7:25PM

KOLLIN KOZLOWSKI, CHAIRMAN

1. As Submitted - Nothing was submitted.

E. COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE – Time: 7:26 PM

DOUG MYSLINSKI, CHAIRMAN

1. As Submitted - Nothing was submitted.

F. FIRE POLICY & COMMUNITY INFORMATION COMMITTEE – Time: 7:26 PM

TIM MILLAR, CHAIRMAN

In the absence of Chairman Millar, Vice Chairman Lamerand reported.

1. As Submitted - Nothing was submitted.

VII. RECONVENE THE VILLAGE COUNCIL MEETING – Time: 7:26 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: Lamerand, Myslinski, Solberg, Kozlowski, Helms

ABSENT: Millar

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: Brad Helms, District 6 Councilman

AYES: Lamerand, Myslinski, Solberg, Kozlowski, Helms

ABSENT: Millar

1. Consider a Motion to Approve 2020 Warrant #12 - Approved

2. Consider a Motion Authorizing the Mayor to Execute a License Agreement to Allow a Portion of a Deck and the Associated Stairs to Encroach Into a Portion of the W. Wilson Street Public Right-of-Way - Approved (Council District: Two)

3. Consider an Ordinance Granting a Special Use for an Accessory Piercing Store and a Unique Use (Tattoo Removal) at 7 N. Bothwell Street - Approved (Council District: Six)

Ordinance #O-37-20

4. Consider an Ordinance Granting a Special Use for a Medical Office (Eye Clinic) at 1142 E. Dundee Road - Approved (Council District: Four)

Ordinance #O-38-20

5. Consider an Ordinance Granting a Special Use to Permit an Automobile Service and Repair Business at 1930 N. Rand Road - Approved (Council District: Three)

Ordinance #O-39-20

6. Consider a Motion to Award a Contract for the Cooper Drive Water Main Replacement Project - Approved (Council District: Four)

7. Consider a Motion Authorizing the Village Manager to Execute a Proposal for Construction Engineering Services for the Cooper Drive Water Main Replacement Project - Approved (Council District: Four)

8. Consider a Motion Authorizing the Village Manager to Execute a Proposal for Construction Engineering Services for the Rand Road and Hale Street Extension Water Main Replacement Project - Approved

IX. REPORTS OF STANDING COMMITTEE

A. ADMINISTRATION, TECHNOLOGY & COMMUNITY HEALTH COMMITTEE – Time: 7:26 PM

SCOTT LAMERAND, CHAIRMAN

1. As Submitted - No Report

B. BUSINESS FINANCE & BUDGET COMMITTEE – Time: 7:26 PM

KOLLIN KOZLOWSKI, CHAIRMAN

1. As Submitted - No Report

C. COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE – Time: 7:26 PM

DOUG MYSLINSKI, CHAIRMAN

1. As Submitted - No Report

D. FIRE POLICY & COMMUNITY INFORMATION COMMITTEE – Time: 7:27 PM

TIM MILLAR, CHAIRMAN