Village of Palatine Village Council & Committee of the Whole met July 13.
Here is the minutes provided by the council and the committee:
I. ROLL CALL – Time: 7:00 PM
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, IT Director Larry Schroth 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: 7:41 PM
RESULT: ADOPTED BY VOICE VOTE [UNANIMOUS]
MOVER: Greg Solberg, District 4 Councilman
SECONDER: Doug Myslinski, District 3 Councilman
AYES: Millar, Lamerand, Myslinski, Solberg, Kozlowski, Helms
1. Village Council & Committee of the Whole - Special Meeting - June 22, 2020 - Accepted
2. Village Council & Committee of the Whole - Special Meeting - June 22, 2020 - Accepted
IV. MAYOR'S REPORT – Time: 7:01 PM
1. As Submitted -
Mayor Schwantz asked staff to increase aesthetic appearance in the parking areas on Village property for eating since the restaurants are partially open for indoor eating, and opening a few more spaces for patron parking.
Village Manager Reid Ottesen responded that sidewalk area can be reconfigured, to gain parking spaces, all in an attempt to help downtown businesses.
Councilman Lamerand stated that he sees Phase 4 extending through November. Ottesen agreed that the new configuration can be in place through Labor Day, for update at the September 7 Council Meeting.
Since outdoor dining is successful and will continue, Councilman Helms suggested more attractive barriers for crowd control. Ottesen agreed.
V. RECESS TO THE COMMITTEE OF THE WHOLE – Time: 7:06 PM
Recess to Committee of the Whole - Motion Carried by Voice Vote
RESULT: MOTION CARRIED BY VOICE VOTE [UNANIMOUS]
MOVER: Scott Lamerand, District 2 Councilman
SECONDER: Brad Helms, District 6 Councilman
AYES: Millar, Lamerand, Myslinski, Solberg, Kozlowski, Helms
VI. COMMITTEE OF THE WHOLE
A. POLICE POLICY & CODE SERVICES COMMITTEE – Time: 7:06 PM
GREG SOLBERG, CHAIRMAN
1. Consider an Ordinance Granting a Variation for a Deck Encroachment at 1189 N. Coolidge Avenue - Motion Carried by Voice Vote (Council District: One)
Planning & Zoning Director Ben Vyverberg presented the petitioner's request for a variance to permit an attached deck (already completed without a permit), more than the maximum 16 inches allowed above grade, and a room addition with an 11 foot side yard setback, instead of the minimum required 15 feet.
The building permit for a living room addition and deck permit remain open and active, pending the review of the required zoning relief. The ZBA (5-0) recommended approval of the variation and staff concurs.
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
2. Consider an Ordinance Granting a Variation for Driveway Width at 410 S. Oak Street - Motion Failed by Voice Vote (Council District: Two)
Planning & Zoning Director Ben Vyverberg presented the petitioner's request for a variation to permit a circular driveway on a 60 foot wide lot exceeding the permitted driveway width due to the location of a pre-existing fire hydrant in the right of way. Some neighbors expressed concern for flooding at the ZBA. The ZBA (4-1) recommended denial of the variation and staff concurs.
In response to Councilman Solberg, Vyverberg stated that the petitioner and developer did not construct the home in mirror image when built in 2016 (as suggested by the Village) which would have located the driveway on the north side away from the fire hydrant.
Village Manager Reid Ottesen stated that the homeowner could fund the relocation of the fire hydrant with approval of the Fire Protection District.
RESULT: MOTION FAILED BY VOICE VOTE [0 TO 7]
MOVER: Scott Lamerand, District 2 Councilman
SECONDER: Tim Millar, District 1 Councilman
NAYS: Schwantz, Millar, Lamerand, Myslinski, Solberg, Kozlowski, Helms
3. Consider a Motion Granting a Temporary Waiver of the Village's Amplified Sound Ordinance to Permit Durty Nellies to have Outdoor Music on their Rooftop Deck on July 17, 18, 24 and 25 at 180 N. Smith Street - Approved by Voice Vote (Council District: Six)
Village Manager Reid Ottesen presented Durty Nellies' request to allow amplified acoustic music on the rooftop deck for multiple dates in July from 7 to 10 PM. The Village Manager retains the right to add any additional conditions, if deemed necessary, to minimize impacts on the surrounding properties. Staff recommends approval, subject to conditions.
Ottesen stated, with Council concurrence, he can offer administrative approval.
Councilman Helms said any complaints about the sound level should be made directly to 911.
The motion maker and seconder added the administrative approval clause to the motion.
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
4. Consider an Ordinance Transferring an Existing Special Use Ordinance for a Used Car Dealership at 2314 N. Rand Road - Motion Carried by Voice Vote (Council District: One)
Planning & Zoning Director Ben Vyverberg presented Vladmir Gaja's, (of Premium Auto Sales Inc.) request for a Special Use Transfer to permit the continued operation of a used auto sales facility with significant upgrades to the property. The petitioner will pay cash-in-lieu of sidewalks. Staff recommends approval.
RESULT: MOTION CARRIED BY VOICE VOTE [UNANIMOUS]
MOVER: Tim Millar, District 1 Councilman
SECONDER: Brad Helms, District 6 Councilman
AYES: Schwantz, Millar, Lamerand, Myslinski, Solberg, Kozlowski, Helms
5. As Submitted -
Nothing was submitted.
B. COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE – Time: 7:18 PM
DOUG MYSLINSKI, CHAIRMAN
1. Consider a Resolution Granting a Preliminary & Final Plat of Subdivision, an Ordinance Granting a Rezoning from R-1 Single-Family Residential to R-2 Single-Family Residential, and an Ordinance Vacating the Northern Twenty Feet of the Dorset Avenue Right-of-Way all to Permit the Proposed Fontaine Hill Subdivision - Motion Carried by Voice Vote (Council District: Two)
Village Manager Reid Ottesen opened discussion on this "by right" subdivision meeting all R-2 zoning requirements, with the following new conditions to the preliminary and final plat of subdivision, "Fontaine Hill Subdivision":
• no charge for vacation of the right of way,
• no sidewalk on Helen, but to install sidewalk in the gap on Dorset,
• no concrete edging on Helen, but cash in lieu of concrete edging.
Planning & Zoning Director Ben Vyverberg presented the petitioner's request to subdivide the two lots at 491 W. Helen Road to create four lots (2 lots fronting Helen Road and 2 lots fronting Dorset Avenue), requiring approval of: Rezoning from R-1 Single-Family Residential to R-2 Single-Family Residential; Preliminary & Final Plat of Subdivision for a new 4-lot single- family residential development. The proposal includes a vacation of the northern 20 feet the Dorset Avenue Right-of-Way and, as required by MWRD (Watershed Management Ordinance), volume control for the Subdivision is proposed in the eastern side yard of Lot 3. The petitioner will bury the overhead power lines currently along Dorset Avenue and rear lot on Helen.
Public Works director Matt Barry reviewed drainage patterns and existing storm sewers in the area in relation to the elevation of the four lots and how the run off will be managed, benefiting the Pleasant Hill Subdivision. Ottesen noted the careful attention from the developer to improve drainage in the area. The proposed improvements and existing runoff diverted to the culvert on the north side of the development (proximate to the neighbor's property) will be reduced by 50%. Storm sewer will be extensively extended.
The Plan Commission voted 8-0 to approve the development subject to conditions and staff concurs.
Larry Laskowski, 490 West Helen, objected to the project based on the past and present drainage issues of which the Village has been aware since annexation in 1994 and the drainage study in 1997-1998, when a new storm sewer was proposed but rejected due to cost. Laskowski's father bought in the 1950's and installed the 4" pipe which was sufficient then. He heard from Village Engineer George Ruppert today regarding the flooding and flood plain in this area. Added development, storm water drain, the improper installation of a new water main valve on his property, and failure to replace the swale to direct flow to Daniels all caused flooding and the loss of 7 major trees. His concern is with the effects of demolition and construction on his property, which recently destroyed the 4" drainpipe. Laskowski stated Adam Wytec, of Metropolitan Water Reclamation District, unaware of this development, said based on some engineering documents, water management is required and the flow is underestimated. Laskowski charged incomplete reporting and faulty figures. He seeks an overall solution to flooding problems in this area.
Ottesen stated this is the initial stage, months prior to the MWRD involvement and that these documents, though not part of the Ordinance, were provided to Mr. Laskowski upon his request. Barry confirmed that the areas Laskowski referenced are not part of this development.
In response to Councilman Helms regarding the potential use of the 4th lot for drainage or retention, Barry said it would be reviewed, but it is not expected to convert 1/4 of the project for storm water storage; it would more likely be volume control to the north.
Ottesen concluded that we are now in a position to decrease the amount of water in the area which the developer voluntarily has taken steps to resolve by reducing the water flowing to the north and increasing the volume going south without ill effects. This is the initial approval. Village Engineer, developer's engineer and MWRD will be reviewing in future.
Ottesen stated this was good discussion and he will continue working with the Village Engineer, MWRD and the developer. Councilman Myslinski thanked Mr. Laskowski for his due diligence on historic flood control in this area.
RESULT: MOTION CARRIED BY VOICE VOTE [UNANIMOUS]
MOVER: Scott Lamerand, District 2 Councilman
SECONDER: Greg Solberg, District 4 Councilman
AYES: Schwantz, Millar, Lamerand, Myslinski, Solberg, Kozlowski, Helms
2. Consider an Ordinance Approving the Village of Palatine's 2020-2024 Community Development Block Grant Consolidated Plan - Motion Carried by Voice Vote
Planning & Zoning Director Ben Vyverberg reported, as required by the Community Development Block Grant (CDBG) program, the Village Council opened the draft Consolidated Plan and Action Plan review and comment period on June 8, 2020. With no public comments submitted, the Village may complete the submission of the 2020-2024 Consolidated Plan and 2020 Action Plan with an anticipated CDBG FY 2020 entitlement of $515,274.
Through HUD regulations, the Village may recommend up to 15% ($77,291) for social service providers and up to 20% ($103,054) for program administration. The requested subrecipient funding was $135,730. The FY 2020 Action Plan recommends CDBG funding for the following: program administration, public infrastructure, and facility improvements (eligible projects associated with low- to moderate-income areas and clientele), childcare and community center administration, homelessness service & prevention, an emergency transitional shelter program, supportive services for senior citizens, and counseling and advocacy for abuse victims. Staff also notes that HUD’s COVID 19 protocols lift the 15% CAP for Social Services 2020 CDBG Funding. Due the additional CDBG - CV funds that were allocated to social services, staff recommends following the standard 15% of social service funding allocations.
Staff is recommending approval of an Ordinance adopting the Village of Palatine's CDBG 2020-2024 Consolidated Plan and 2020 Action Plan.
RESULT: MOTION CARRIED BY VOICE VOTE [UNANIMOUS]
MOVER: Jim Schwantz, Mayor
SECONDER: Tim Millar, District 1 Councilman
AYES: Schwantz, Millar, Lamerand, Myslinski, Solberg, Kozlowski, Helms
3. As Submitted -
Nothing was submitted.
C. INFRASTRUCTURE & ENVIRONMENT COMMITTEE – Time: 8:05 PM
BRAD HELMS, CHAIRMAN
1. Consider a Motion to Award a Contract for the Dundee Road at Denise Drive Traffic Signal Modernization Project - Approved by Voice Vote (Council District: Three)
Village Manager Reid Ottesen stated to improve pedestrian accessibility in residential, business and Forest Preserve areas, signal improvements and sidewalk extensions are proposed for the Dundee and Denise area and are eligible for Community Development Block Grant (CDBG) funding. IDOT will not provide either despite having jurisdiction. Staff recommends awarding the contract for the Dundee Road at Denise Drive Traffic Signal Modernization Project to the low responsive bidder, Alliance Contractors, Incorporated of Woodstock, Illinois for $305,042. Additional funding will be added to the sidewalk program.
RESULT: APPROVED BY VOICE VOTE [UNANIMOUS]
MOVER: Doug Myslinski, District 3 Councilman
SECONDER: Greg Solberg, District 4 Councilman
AYES: Schwantz, Millar, Lamerand, Myslinski, Solberg, Kozlowski, Helms
2. As Submitted -
Nothing was submitted.
D. ADMINISTRATION, TECHNOLOGY & COMMUNITY HEALTH COMMITTEE – Time: 8:06 PM
SCOTT LAMERAND, CHAIRMAN
1. Consider a Motion to Extend an Agreement for Automated Traffic Law Enforcement System Services - Approved by Voice Vote
Village Manager Reid Ottesen reported on January 23, 2008, the Village of Palatine entered into a six year service agreement with RedSpeed Illinois LLC (RSI) to manage the Village's automated traffic law enforcement system, which was renewed for two additional, three year terms, expiring in July, 2020. The Village will be going through a new Request for Proposal process anticipated to be ready for Council action by the end of 2020. RSI will agree to a non-expiring, month-by-month service agreement with the Village, maintaining all service levels and pricing to the end of 2020. Staff recommends authorizing the Village Manager to enter into a month-by-month service agreement acceptable to the Village Attorney, maintaining all service levels and pricing as in the previous service agreement.
RESULT: APPROVED BY VOICE VOTE [UNANIMOUS]
MOVER: Doug Myslinski, Kollin Kozlowski
SECONDER: Scott Lamerand, District 2 Councilman
AYES: Schwantz, Millar, Lamerand, Myslinski, Solberg, Kozlowski, Helms
2. As Submitted -
Nothing was submitted.
E. BUSINESS FINANCE & BUDGET COMMITTEE – Time: 8:07 PM
KOLLIN KOZLOWSKI, CHAIRMAN
1. As Submitted -
Nothing was submitted.
F. FIRE POLICY & COMMUNITY INFORMATION COMMITTEE – Time: 8:08 PM
TIM MILLAR, CHAIRMAN
1. As Submitted -
Nothing was submitted.
VII. RECONVENE THE VILLAGE COUNCIL MEETING – Time: 8:08 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: Greg Solberg, District 4 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.
Item 4. 491 W. Helen, was revised to include new conditions at the Community & Economic Development Committee.
RESULT: ADOPTED BY ROLL CALL [UNANIMOUS]
MOVER: Scott Lamerand, District 2 Councilman
SECONDER: Brad Helms, District 6 Councilman
AYES: Millar, Lamerand, Myslinski, Solberg, Kozlowski, Helms
1. Consider an Ordinance Granting a Variation for a Deck Encroachment at 1189 N. Coolidge Avenue - Approved (Council District: One)
Ordinance #O-47-20
2. Consider a Motion Granting a Temporary Waiver of the Village's Amplified Sound Ordinance to Permit Durty Nellies to have Outdoor Music on their Rooftop Deck on July 17, 18, 24 and 25 at 180 N. Smith Street - Approved (Council District: Six)
3. Consider an Ordinance Transferring an Existing Special Use Ordinance for a Used Car Dealership at 2314 N. Rand Road - Approved (Council District: One)
Ordinance #O-48-20
4. Consider a Resolution Granting a Preliminary & Final Plat of Subdivision, an Ordinance Granting a Rezoning from R-1 Single-Family Residential to R-2 Single-Family Residential, and an Ordinance Vacating the Northern Twenty Feet of the Dorset Avenue Right-of-Way all to Permit the Proposed Fontaine Hill Subdivision - Approved (Council District: Two)
Resolution #R-14-20 Subdivision Ordinance #O-49-20 Rezone Ordinance #O-50-20 Vacation
5. Consider an Ordinance Approving the Village of Palatine's 2020-2024 Community Development Block Grant Consolidated Plan - Approved
Ordinance #O-51-20
6. Consider a Motion to Award a Contract for the Dundee Road at Denise Drive Traffic Signal Modernization Project - Approved (Council District: Three)
7. Consider a Motion to Extend an Agreement for Automated Traffic Law Enforcement System Services - Approved
8. Consider an Ordinance Granting a Minor Special Use to Allow a Shed at 348 W. Wilson Street - Approved (Council District: Six)
Ordinance #O-52-20
9. Consider a Motion to Accept and Place on File the Previously Approved 2020 Warrant #13 and Authorize the Village Manager to Sign 2020 Warrant #14 - Approved
10. Consider an Ordinance Authorizing the Village Manager to Execute an Intergovernmental and Subrecipient Agreement with Cook County for Coronavirus Relief Funds - Approved
Ordinance #O-53-20
11. Consider a Resolution Releasing the Pommern Subdivision Public Improvement Security Deposit and Conclusion of the One-Year Maintenance Period - Approved (Council District: One)
Resolution #R-15-20
IX. REPORTS OF STANDING COMMITTEE – Time: 8:09 PM
A. ADMINISTRATION, TECHNOLOGY & COMMUNITY HEALTH COMMITTEE – Time: 8:09 PM
SCOTT LAMERAND, CHAIRMAN
1. As Submitted -
No Report
B. BUSINESS FINANCE & BUDGET COMMITTEE – Time: 8:09 PM
KOLLIN KOZLOWSKI, CHAIRMAN
1. As Submitted -
No Report
C. COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE – Time: 8:09 PM
DOUG MYSLINSKI, CHAIRMAN
1. As Submitted -
No Report
D. FIRE POLICY & COMMUNITY INFORMATION COMMITTEE – Time: 8:09 PM
TIM MILLAR, CHAIRMAN
1. As Submitted -
No Report
E. INFRASTRUCTURE & ENVIRONMENT COMMITTEE – Time: 8:09 PM
BRAD HELMS, CHAIRMAN
1. As Submitted -
No Report
F. POLICE POLICY & CODE SERVICES COMMITTEE – Time: 8:09 PM
GREG SOLBERG, CHAIRMAN
1. Consider an Ordinance Granting a Variation for Driveway Width at 410 S. Oak Street - Motion Failed by Roll Call (Council District: Two)
This item was discussed and failed earlier at the Police Policy & Code Services Committee.
RESULT: MOTION FAILED BY ROLL CALL [0 TO 6]
MOVER: Greg Solberg, District 4 Councilman
SECONDER: Scott Lamerand, District 2 Councilman
NAYS: Millar, Lamerand, Myslinski, Solberg, Kozlowski, Helms
2. As Submitted -
No Report
X. REPORTS OF THE VILLAGE OFFICERS – Time: 8:10 PM
A. VILLAGE MANAGER – Time: 8:10 PM
1. As Submitted -
No Report
B. VILLAGE CLERK – Time: 8:10 PM
1. As Submitted -
No Report
C. VILLAGE ATTORNEY – Time: 8:10 PM
1. As Submitted -
No Report
XI. CLOSED SESSION AS REQUIRED – Time: 8:10 PM
No Closed Session requested.
XII. RECOGNITION OF AUDIENCE – Time: 8:10 PM
No one came forward.
XIII. ADJOURNMENT – Time: 8:10 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: Doug Myslinski, District 3 Councilman
AYES: Millar, Lamerand, Myslinski, Solberg, Kozlowski, Helms
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