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Village of Palatine Village Council & Committee of the Whole met April 12

Meeting240

Village of Palatine Village Council & Committee of the Whole met April 12.

Here is the minutes provided by the committee:

Regular Meeting 7:00 PM

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

Absent

Doug Myslinski

District 3 Councilman

Absent

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, Director of Human Resources Pam Jackson and Police Chief Dave Daigle

II. PLEDGE TO THE FLAG

Mayor Schwantz invited everyone to stand and join him in the Pledge to the Flag.

III. APPROVAL OF MINUTES

1. Village Council & Committee of the Whole - Regular Meeting - April 5, 2021 - Accepted

RESULT: ACCEPTED [UNANIMOUS]

MOVER: Greg Solberg, District 4 Councilman

SECONDER: Tim Millar, District 1 Councilman

AYES: Millar, Solberg, Kozlowski, Helms

ABSENT: Lamerand, Myslinski

IV. MAYOR'S REPORT

1. Resolution of Appreciation - Harry Spila, Community Services Director -

Mayor Schwantz presented a Resolution of Appreciation to Community Services Director Harry Spila, who is retiring after 22 years of outstanding leadership in the Village of Palatine, particularly noting his efforts supporting the bike task force, connecting Palatine with surrounding communities.

Wayne Mikes and Kevin Kehn of the bike task force commended Spila's support.

2. As Submitted -

Nothing was submitted.

V. RECESS TO THE COMMITTEE OF THE WHOLE – Time: 7:04 PM 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: Kollin Kozlowski, District 5 Councilman

AYES: Millar, Solberg, Kozlowski, Helms

ABSENT: Lamerand, Myslinski

VI. COMMITTEE OF THE WHOLE

A. COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE – Time: 7:05 PM

DOUG MYSLINSKI, CHAIRMAN

In the absence of Chairman Myslinski, Vice Chairman Solberg opened the Community & Economic Development Committee Meeting.

1. Consider an Ordinance Granting a Minor Planned Development Amendment Palatine Centre - Quest Academy 3-47 E. Northwest Highway - Motion Carried by Voice Vote (Council District: Six)

Village Manager Reid Ottesen presented Quest Academy's request for a minor Planned Development to pursue tax exemption status for all areas they occupy at the Palatine Center. Quest intends to make payment in lieu of taxes (PILOT) for the Village portion of the tax bill, had there been no exemption, to fund and maintain Village services protecting the public health, safety and welfare of the community and the tenants at the property. Staff recommends Action at the Village Council’s discretion.

In response to Mayor Schwantz, Ottesen stated the amount would be recalculated each year.

RESULT: MOTION CARRIED BY VOICE VOTE [UNANIMOUS]

MOVER: Brad Helms, District 6 Councilman

SECONDER: Jim Schwantz, Mayor

AYES: Schwantz, Millar, Solberg, Kozlowski, Helms

ABSENT: Lamerand, Myslinski

2. As Submitted -

Nothing was submitted.

B. POLICE POLICY & CODE SERVICES COMMITTEE – Time: 7:08 PM

GREG SOLBERG, CHAIRMAN

1. Consider an Ordinance Granting a Special Use for a Unique Use at 2200 N. Rand Road - Motion Carried by Voice Vote (Council District: One)

Planning & Zoning director Ben Vyverberg presented Northwest Trucks Inc.'s request for a Special Use for a Unique Use to allow truck and trailer sales, parts sales, repairs and related uses at 2200 N. Rand Road. The Petitioner currently operates at 2120 N. Rand Road and plans to connect to Village water, repave and restripe the entire parking lot, paint the existing building and remodel the interior. The Plan Commission voted unanimously to approve and Staff concurs. Petitioner is in discussion with IDOT regarding the road.

RESULT: MOTION CARRIED BY VOICE VOTE [UNANIMOUS]

MOVER: Tim Millar, District 1 Councilman

SECONDER: Kollin Kozlowski, District 5 Councilman

AYES: Schwantz, Millar, Solberg, Kozlowski, Helms

ABSENT: Lamerand, Myslinski

2. Consider an Ordinance Granting a Special Use for a Medical (Dental) Office at 220 N. Smith Street - Unit #120 - Motion Carried by Voice Vote (Council District: Six)

Planning & Zoning director Ben Vyverberg presented the Petitioner's request for a Special Use to permit a dental office specializing in orthodontics at 220 N Smith Street (currently located at 600 N. North Court) in Palatine. The ZBA voted unanimously to approve the Special Use for a dental office and Staff concurs.

RESULT: MOTION CARRIED BY VOICE VOTE [UNANIMOUS]

MOVER: Brad Helms, District 6 Councilman

SECONDER: Jim Schwantz, Mayor

AYES: Schwantz, Millar, Solberg, Kozlowski, Helms

ABSENT: Lamerand, Myslinski

3. Consider an Ordinance Granting a Special Use to Allow a Maximum of Eight Suites for Massage and Chiropractic Services at 220 N. Smith Street - Unit #117 - Motion Carried by Voice Vote (Council District: Six)

Planning & Zoning Director Ben Vyverberg presented the Petitioner's request for a Special Use to permit a maximum of 8 suites for massage and medical (chiropractic) services. The Petitioners will verify appropriate State licensure and Village business licenses. The ZBA voted unanimously to approve the Special Use and Staff concurs.

RESULT: MOTION CARRIED BY VOICE VOTE [UNANIMOUS]

MOVER: Brad Helms, District 6 Councilman

SECONDER: Kollin Kozlowski, District 5 Councilman

AYES: Millar, Solberg, Kozlowski, Helms

ABSENT: Lamerand, Myslinski

4. Consider an Ordinance Granting a Special Use and Variations for a Detached Garage at 308 S. Benton Street - Refer to Staff (Council District: Two)

Village Manager Reid Ottesen clarified that the request is for 4 interdependent levels of relief. Staff has recommended against the reduced side yard setback. Comments are appropriate, but it should be considered as a whole package.

Planning & Zoning Director Ben Vyverberg presented the Petitioner's request for a Special Use to permit an accessory structure (a detached 2-car garage) to exceed the maximum height allowed of one-story, and Variations to permit an accessory structure 2 feet from the side lot line (minimum required 5 feet), 6 feet from the primary structure (minimum required 10 feet), and to permit lot coverage of 48% (maximum permitted 45%). As is common in this area, the property is approximately 55 feet wide, which is substandard compared to 75 foot minimum lot width for R-2 interior lots. The proposed garage is 18 feet to the roof midpoint (maximum permitted 15 feet) and 22 feet at the highest point. The proposed upper level will be for storage only. The Petitioner indicated there are two adjacent properties with similar garages. Relief was not granted for either of these structures. Construction documents are not available, but it appears these structures comply with the 15 foot mean height. The neighbor to the north submitted a letter of support.

Councilmen Helms and Millar questioned the upper level use, consideration of an attached garage, flooding concern in this area compounded by adding more impervious area, and access to utilities.

Ottesen clarified the storm water management issues have been addressed and are not a concern.

Mayor Schwantz noted the letter of support from tenants to the north, not the owners.

Vyverberg presented various staff options offered to the petitioner. No one in the audience came forward on this issue.

As recommended by Ottesen, Councilman Kozlowski, seconded by Councilman Helms, offered a substitute motion to remand this item back to staff.

RESULT: REFER TO STAFF [UNANIMOUS]

MOVER: Kollin Kozlowski, District 5 Councilman

SECONDER: Brad Helms, District 6 Councilman

AYES: Schwantz, Millar, Solberg, Kozlowski, Helms

ABSENT: Lamerand, Myslinski

5. Consider an Ordinance Granting Text Amendments to the Village of Palatine Zoning Ordinance, Article 3, Section 3.02 (Specific Definitions) and Article 11, Sections 11.03 (d) (B-2 Special Uses) and 11.06 (e) (B-5 District Special Uses) - Motion Carried by Voice Vote

Village Manager Reid Ottesen explained that several text amendments are recommended to eliminate any required setback from the principal structure for open style pergolas/gazebos and to address the introduction of a new accessory use for funeral homes. Ahlgrim Funeral home applied for a building permit to install alkaline hydrolysis, or water based cremation equipment, at their location on Northwest Highway. This use or process is not presently recognized within the Village’s Zoning Ordinance, but is allowed by law in 20 states. After a thorough review, staff recommends that water cremation, or Alkaline Hydrolysis, be permitted as an accessory use to a funeral home, following the building permit review process for completion. The Plan Commission voted unanimously to approve the proposed Text Amendments and staff concurs.

RESULT: MOTION CARRIED BY VOICE VOTE [UNANIMOUS]

MOVER: Kollin Kozlowski, District 5 Councilman

SECONDER: Tim Millar, District 1 Councilman

AYES: Schwantz, Millar, Solberg, Kozlowski, Helms

ABSENT: Lamerand, Myslinski

6. As Submitted -

Nothing was submitted.

C. ADMINISTRATION, TECHNOLOGY & COMMUNITY HEALTH COMMITTEE – Time: 7:36 PM

SCOTT LAMERAND, CHAIRMAN

In the absence of Chairman Lamerand, Acting Vice-Chairman Solberg opened the Police Policy &Code Services Committee Meeting.

1. Consider a Request for the Waiver of the Village's Sound Amplification Ordinance for First United Methodist Church at 123 N. Plum Grove Road - Approved by Voice Vote (Council District: Six)

Village Manager Reid Ottesen presented the First United Methodist Church's request for a sound amplification waiver to conduct occasional weekend worship services outdoors on the lawn of their property June - September. Based on the ongoing Covid-19 pandemic and related issues, staff suggests the Village Council also grant the Village Manager authority to approve (with conditions) other sound waiver requests for outdoor church services from now through September 30, 2021, subject to any of the Restore Illinois Plan's corresponding guidelines and mitigation measures that are in place at the time.

RESULT: APPROVED BY VOICE VOTE [UNANIMOUS]

MOVER: Brad Helms, District 6 Councilman

SECONDER: Jim Schwantz, Mayor

AYES: Schwantz, Millar, Solberg, Kozlowski, Helms

ABSENT: Lamerand, Myslinski

2. As Submitted -

Nothing was submitted.

D. INFRASTRUCTURE & ENVIRONMENT COMMITTEE – Time: 7:37 PM

BRAD HELMS, CHAIRMAN

1. Consider a Motion to Award a Contract for the Village of Palatine's 2021 Sidewalk Replacement Program - CDBG - Approved by Voice Vote

Public Works Director Matt Barry explained the three main sidewalk replacement programs: 50/50 Sidewalk Replacement Program; Hazardous Sidewalk Program; and Spot Curb Replacement Program. Staff recommends the contract for the 2021 Sidewalk Replacement Program - CDBG be awarded to the low responsive bidder, Schroeder & Schroeder in the amount of $308,820.01. Barry stated applications for the 50/50 Sidewalk Replacement Program will be accepted through the end of May.

RESULT: APPROVED BY VOICE VOTE [UNANIMOUS]

MOVER: Tim Millar, District 1 Councilman

SECONDER: Kollin Kozlowski, District 5 Councilman

AYES: Schwantz, Millar, Solberg, Kozlowski, Helms

ABSENT: Lamerand, Myslinski

2. As Submitted -

Nothing was submitted.

E. BUSINESS FINANCE & BUDGET COMMITTEE – Time: 7:39 PM

KOLLIN KOZLOWSKI, CHAIRMAN

1. As Submitted -

Nothing was submitted.

F. FIRE POLICY & COMMUNITY INFORMATION COMMITTEE – Time: 7:39 PM

TIM MILLAR, CHAIRMAN

1. As Submitted -

Nothing was submitted.

VII. RECONVENE THE VILLAGE COUNCIL MEETING – Time: 7:40 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: Tim Millar, District 1 Councilman

AYES: Millar, Solberg, Kozlowski, Helms

ABSENT: Lamerand, Myslinski

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: Greg Solberg, District 4 Councilman

SECONDER: Kollin Kozlowski, District 5 Councilman

AYES: Schwantz, Millar, Solberg, Kozlowski, Helms

1. Consider an Ordinance Granting a Minor Planned Development Amendment Palatine Centre - Quest Academy 3-47 E. Northwest Highway - Approved (Council District: Six)

Ordinance # O-36-21

2. Consider an Ordinance Granting a Special Use for a Unique Use at 2200 N. Rand Road - Approved (Council District: One)

Ordinance # O-37-21

3. Consider an Ordinance Granting a Special Use for a Medical (Dental) Office at 220 N. Smith Street - Unit #120 - Approved (Council District: Six)

Ordinance # O-38-21

4. Consider an Ordinance Granting a Special Use to Allow a Maximum of Eight Suites for Massage and Chiropractic Services at 220 N. Smith Street - Unit #117 - Approved (Council District: Six)

Ordinance # O-39-21

5. Consider an Ordinance Granting Text Amendments to the Village of Palatine Zoning Ordinance, Article 3, Section 3.02 (Specific Definitions) and Article 11, Sections 11.03 (d) (B-2 Special Uses) and 11.06 (e) (B-5 District Special Uses) - Approved

Ordinance # O-40-21

6. Consider a Request for the Waiver of the Village's Sound Amplification Ordinance for First United Methodist Church at 123 N. Plum Grove Road - Approved (Council District: Six)

7. Consider a Motion to Award a Contract for the Village of Palatine's 2021 Sidewalk Replacement Program - CDBG - Approved

IX. REPORTS OF STANDING COMMITTEE – Time: 7:41 PM

A. ADMINISTRATION, TECHNOLOGY & COMMUNITY HEALTH COMMITTEE – Time: 7:41 PM

SCOTT LAMERAND, CHAIRMAN

1. As Submitted -

No Report

B. BUSINESS FINANCE & BUDGET COMMITTEE – Time: 7:41 PM

KOLLIN KOZLOWSKI, CHAIRMAN

1. As Submitted -

No Report

C. COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE – Time: 7:41 PM

DOUG MYSLINSKI, CHAIRMAN

1. As Submitted -

No Report

D. FIRE POLICY & COMMUNITY INFORMATION COMMITTEE – Time: 7:41 PM

TIM MILLAR, CHAIRMAN

1. As Submitted -

No Report

E. INFRASTRUCTURE & ENVIRONMENT COMMITTEE – Time: 7:41 PM

BRAD HELMS, CHAIRMAN

1. As Submitted -

No Report

F. POLICE POLICY & CODE SERVICES COMMITTEE – Time: 7:41 PM

GREG SOLBERG, CHAIRMAN

1. Consider an Ordinance Granting a Special Use and Variations for a Detached Garage at 308 S. Benton Street - (Council District: Two)

Item was referred back to staff from Committee.

2. As Submitted -

No Report

X. REPORTS OF THE VILLAGE OFFICERS – Time: 7:42 PM

A. VILLAGE MANAGER – Time: 7:42 PM

1. As Submitted -

No Report

B. VILLAGE CLERK – Time: 7:42 PM

1. As Submitted -

No Report

C. VILLAGE ATTORNEY – Time: 7:42 PM

1. As Submitted -

No Report

XI. CLOSED SESSION AS REQUIRED – Time: 7:42 PM

No Closed Session requested.

XII. RECOGNITION OF AUDIENCE – Time: 7:43 PM

Caryl Kenney, 1361 Pepper Tree, reported on Friday, April 3, she heard a gunshot. The rude man she encountered would not identify himself. She expressed strong objection to putting citizens at risk by this action and to people leaving large amounts of food which attracts wild animals. She suggested: 1) prohibit people from leaving food out to feed wild animals and 2) do not hire this man to control coyote population.

Mayor Schwantz explained the coyotes removed are either sick or aggressive. We are here to protect the residents of Palatine. The numbers of complaints have significantly declined due to the work of Mr. Erickson, a foremost expert in the field. Checks and balances have been put in place: our Police Chief has met with Mr. Erickson; in future, Police will be contacted prior to the use of a subsonic round; Staff is preparing an ordinance to prohibit feeding of wild animals.

Jim Capone, 1110 N. Thackery, in defense of Ms. Kenney, said his focus is on the definition of nuisance animals. For over 40 years, every fall mice invade, until the last few years. Due to fox and coyote population, mice are gone. An objective guideline is needed to define nuisance and when action is needed.

Jim Pilafas, 716 Mart Ct., asked when the water problem on Mart Ct. will be addressed. Mayor Schwantz stated that Pilafas' reports were received Friday; studies are going to the lab; and Village expert is working on the results. Pilafas suggested running dye tests.

Village Manager Reid Ottesen stated that Mr. Pilafas will be updated in the next 2 weeks.

XIII.ADJOURNMENT – Time: 7:57 PM

Adjourn the Village Council Meeting - Motion Carried by Voice Vote

RESULT: MOTION CARRIED BY VOICE VOTE [UNANIMOUS]

MOVER: Brad Helms, District 6 Councilman

SECONDER: Kollin Kozlowski, District 5 Councilman

AYES: Millar, Solberg, Kozlowski, Helms

ABSENT: Lamerand, Myslinski

http://palatinevillageil.iqm2.com/Citizens/FileOpen.aspx?Type=15&ID=2481&Inline=True

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