Planning and Zoning Board

APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS August 2, 2010 The Niles Plan Commission and Zoning Board of Appeals was called to order at 7:00 P.M. Chairman Kanelos asked everyone to stand for the Pledge of Allegiance. Present along with Chairman Thomas Kanelos was Vice-Chairman Karen Dimond, Commissioners Thomas Surace, Angelo Troiani, Barbara Nakanishi, Robert Schulter and Morgan Dubiel. Also present was Charles Ostman, Director of Community Development and Richard Wlodarski, Assistant Director of Community Development. Village Attorney Joseph Annunzio was absent. Chairman Kanelos asked if there were any clarifications or corrections to the minutes of July 12, 2010. Commissioner Dubiel asked for a correction on page 6: the paragraph that starts out “Vice-Chairman Dimond moved …..”, line 6, “One – is this” should be changed to “One – this is”. Commissioner Dubiel moved to approve the July 12th minutes as corrected. Seconded by Vice-Chairman Dimond, on roll call the vote was: AYES: 7 Dimond, Surace, Kanelos, Troiani, Nakanishi, Schulter, Dubiel There being seven (7) affirmative votes the motion carried. OLD BUSINESS 10-ZP-12 Mr. Sammy Zaya, owner 52840 Seven Oaks Dr. Shelby Township, Michigan 48316 Requesting approval of a Special Use to appendix B section VIII (B)(3)(z) for a full service restaurant and food carryout store and to appendix B section X (B)(10)(y) for a parking variation of a total of 16 total spaces or 47% at 9021 N. Milwaukee Ave., Niles, IL. NEW BUSINESS 10-ZP-13 Scott Garcia, Site acquisition consultant Insite RE, Inc. 2210 Midwest Road, Suite 213 Oak Brook, IL 60523 Page 1 of 20  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS August 2, 2010 Requesting a Special Use to Section VIII (B)(3)(jj) to co-locate two backhaul dishes on an existing water tower at 239 Golf Mill Center, Niles, IL 60714. 10-ZP-14 Mr. Steven Kolber, agent Forum Studio One TransAm Plaza – Suite 400 Oakbrook Terrace, IL 60181 Requesting approval of a Special Use to appendix B Section VIII (B)(3)(l) to operate a physical therapy facility at 8480 W. Golf Road, Niles, IL 60714. 10-ZP-15 Ms. Christina Joung 8734 Fernald Ave. Morton Grove, IL 60053 Requesting approval of a Special Use to appendix B Section VIII (B)(3)(x) to operate a pool hall facility and to appendix B Section X (B)(10)(nn) for parking variation of 46% at 9090 W. Golf Rd., Niles, IL 60714. Chairman Kanelos called for the first item on the agenda under the heading of Old Business. 10-ZP-12 Mr. Sammy Zaya, owner 52840 Seven Oaks Dr. Shelby Township, Michigan 48316 Requesting approval of a Special Use to appendix B section VIII (B)(3)(z) for a full service restaurant and food carryout store and to appendix B section X (B)(10)(y) for a parking variation of a total of 16 total spaces or 47% at 9021 N. Milwaukee Ave., Niles, IL. Richard Wlodarski, Assistant Director of Community Development said he spoke with the owner of the strip mall and he is present tonight. Chairman Kanelos said this was continued from last month’s meeting so they could look into the problem of lighting in the back of the strip center. At that time, he called the owner and the tenant to the podium. George Samariniotis, 1906 E. Seneca, Mt. Prospect, IL 60056, owner of the strip center and Sammy Zaya, 52840 Seven Oaks Dr., Shelby Township, Page 2 of 20  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS August 2, 2010 Michigan 48316, owner of the carryout restaurant stepped forward and were sworn in. Mr. Samariniotis said all the lighting has been taken care of in the rear of the property. All the lighting has been illuminated and tested and they are now on from 8 p.m. until 6 a.m. There are halogen lights Commissioner Schulter asked if the lights are on a timer and would the timer be adjusted when our time zone changes. Mr. Samariniotis answered yes, the lights are on a timer and he would adjust accordingly for the time change. Commissioner Troiani asked if he realized that once the parking variance is approved he cannot do any other construction in the shopping center. Also, please tell the people who work in the center to park in the rear. Mr. Samariniotis said he understood that he would not be able to pursue any other construction in the center. He also said that the employees do park in the rear. Commissioner Surace wants to make sure the halogen lamps are not going to interfere with Mr. Klein’s backyard. Mr. Samariniotis said if there is a problem he will cut down on the wattage or perhaps put up a visor around the light. Commissioner Dubiel asked the Building Dept. about the condition “the parking variation shall only apply to this shopping center as long as this Special Use is still active for the Detroit Kabob House as a food carryout store only”. Messrs. Ostman and Wlodarski said that is correct. Vice-Chairman Dimond asked Mr. Zaya if he lives in Michigan. If so, who is going to be operating this business? At this time Mr. Zaya said he will run the business since he is moving here. Commissioner Nakanishi said when Mr. Klein spoke last month, he mentioned the owner of the center was going to put in some landscaping in Page 3 of 20  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS August 2, 2010 the back. Are you planning on that? Mr. Samariniotis said where the parking lot ends, there is a drop and then the property owner’s fence. There is no room for landscaping there. If he did it would push up against Mr. Klein’s fence. He also has to be careful with snowplowing because if they pile snow back there, it too will push up and against the fence. Sherwin Klein, 9050 N. Churchill Circle, Niles, IL stepped to the podium and was sworn in. He thanked the landlord for taking care of the lighting situation so quickly. He thinks the traffic situation in the back of the building is heavy. It is where the employees park. The only problem he has is trash against the fence and in his yard. He thinks the trash is coming from the restaurant next door. Chairman Kanelos said that is really an issue for the Community Development Department – not a zoning issue. Mr. Ostman said he is waiting until after tonight’s meeting and then the Board of Trustees meeting later in the month and will meet with the Liquor Inspector to convey Mr. Klein’s concerns. The Inspector will then speak with the business owner. Chairman Kanelos asked if there were any other questions from the Commissioners or the audience. There were none. At this time he entertained a motion. Commissioner Dubiel moved to approve 10-ZP-12 by Mr. Sammy Zaya, owner, 52840 Seven Oaks Dr., Shelby Township, Michigan 48316 requesting approval of a Special Use to appendix B section VIII (B)(3)(z) for a full service restaurant and food carryout store and to appendix B section X (B)(10)(y) for a parking variation of a total of 16 total spaces or 47% at 9021 N. Milwaukee Ave., Niles, IL 60714. We find it meets the standard set forth in zoning code H(4 a,b & c). It is deemed necessary for the public convenience at this location as it is so designed; located and proposed to be operated with the public health, safety and welfare protected and will not cause substantial injury to the value of other property in the neighborhood in which it is located Page 4 of 20  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS August 2, 2010 under the following conditions: parking variation shall apply only to this shopping center as long as the Special Use is still active for the Detroit Kabob House as a food carryout store only. Seconded by Vice-Chairman Dimond, on roll call the vote was: AYES: 7 Dimond, Surace, Kanelos, Troiani, Nakanishi, Schulter, Dubiel NAYS: 0 There being seven (7) affirmative votes the motion carried. Chairman Kanelos called for the first item under New Business. 10-ZP-13 Scott Garcia, Site acquisition consultant Insite RE, Inc. 2210 Midwest Road, Suite 213 Oak Brook, IL 60523 Requesting a Special Use to Section VIII (B)(3)(jj) to co-locate two backhaul dishes on an existing water tower at 239 Golf Mill Center, Niles, IL 60714. Mr. Wlodarski said legal notice was published July 15, 2010 in the Bugle Newspaper. Letters were mailed out to all properties located within 250’ of the subject property. That will also be the case for the two other remaining cases for tonight so this does not have to be repeated. The Community Development Department recommends approval for this request with the following conditions: the antennas microwave dishes and coaxial cable which extends from the transmission equipment through the antennas shall be painted to match the color of the tower to minimize any potential visual impact on surrounding properties. This Board is a recommending Board to the Board of Trustees. This was also reviewed by MSA and they recommended approval. Chairman Kanelos said this is becoming a fairly regular occurrence, which is a sign of technology. Any other questions for Mr. Wlodarski? There were none. Karol Fahey, Insite RE, Inc. (in place of Scott Garcia), 2210 Midwest Road, Suite 213, Oak Brook, IL 60523 and Michael Williams, Senior General Manager, Golf Mill Shopping Center, 6040 N. Avondale Ave., Chicago, IL 60631 stepped to the podium and were sworn in by Chairman Kanelos. Page 5 of 20  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS August 2, 2010 Ms. Fahey said Mr. Wlodarski summed up what Insite wants to do. She said we are all are familiar with what cell phones do but the technology has changed and it isn’t just phones anymore. It is smart phones, internet access on handheld devices. The two antennas they propose to install on the existing water tower will provide and facilitate the moving of that technology to smart phones. It can be defined as facilitating internet access to these devices which most people are using for business and pleasure. Commissioner Dubiel asked about the color match. It will match the tower which is white. Ms. Fahey said they will meet that condition. Chairman Kanelos asked if there were any other questions from the Commissioners or the public. There were none. He then entertained a motion. Commissioner Dubiel first requested the packet be entered into evidence as Exhibit A. He then moved to approve 10-ZP-13, Scott Garcia, Site acquisition consultant, Insite RE, Inc., 2210 Midwest Road, Suite 213, Oak Brook, IL 60523 requesting a Special Use to Section VIII (B)(3)(jj) to co- locate two backhaul dishes on an existing water tower at 239 Golf Mill Center, Niles, IL 60714 with the following conditions: the equipment, antennas, microwave dishes and coaxial cable which extends from the transmission equipment to the antennas shall be painted to match the color of the water tank to minimize any potential visual impact on surrounding properties. Seconded by Commissioner Schulter, on roll call the vote was: AYES: 7 Dimond, Surace, Kanelos, Troiani, Nakanishi, Schulter, Dubiel NAYS: 0 There being seven (7) affirmative votes the motion carried. Commissioner Kanelos called for the second item of new business. 10-ZP-14 Mr. Steven Kolber, agent Forum Studio One TransAm Plaza – Suite 400 Oakbrook Terrace, IL 60181 Page 6 of 20  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS August 2, 2010 Requesting approval of a Special Use to appendix B Section VIII (B)(3)(l) to operate a physical therapy facility at 8480 W. Golf Road, Niles, IL 60714. Mr. Wlodarski repeated the request to open an ATI Physical Therapy facility. The Community Development Department has reviewed this request and has no objections. This Board is a recommending Board to the Board of Trustees. Chairman Kanelos asked if there were any questions from the Commissioners. Commissioner Dubiel asked why this needs a Special Use variance in the first place. Mr. Wlodarski stated any doctors, dental offices or physical therapy offices require a Special Use. Chairman Kanelos called the petitioner to the podium. Mr. Steven Kolber, agent, Forum Studio, 426 Hickory St., Waukegan, IL 60085 stepped forward and was sworn in. He said he is the architect for all the ATIs and the Board has all the information in their packet. They build these in retail strip centers across the country. Most communities require these types of facilities require a Special Use permit. Chairman Kanelos requested the entire packet be entered into the record as Exhibit A. Commissioner Nakanishi asked why there is no break room for the employees. Mr.Kolber said that is an ATI standard. They don’t have any break rooms in any of their facilities, except for some on the east coast. Chairman Kanelos asked if there were any other questions from the Commissioners or the public. There were none. He then entertained a motion. Commissioner Dubiel moved to approve 10-ZP-14 Mr. Steven Kolber, agent, Forum Studio, One TransAm Plaza – Suite 400, Oakbrook Terrace, IL 60181 requesting approval of a Special Use to appendix B Section VIII Page 7 of 20  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS August 2, 2010 (B)(3)(l) to operate a physical therapy facility at 8480 W. Golf Road, Niles, IL 60714. We find that it meets the standards set forth in the zoning codes H (4a, b & c). It is deemed necessary for the public convenience at this location and it is so designed, located and proposed to be operated where the public safety, health and welfare will be protected. It will not cause substantial injury to the value of other property in the neighborhood in which it is located. Seconded by Vice-Chairman Dimond, on roll call the vote was: AYES: 7 Dimond, Surace, Kanelos, Troiani, Nakanishi, Schulter, Dubiel NAYS: 0 There being seven (7) affirmative votes the motion carried. Chairman Kanelos called for the final item of new business on the agenda. 10-ZP-15 Ms. Christina Joung 8734 Fernald Ave. Morton Grove, IL 60053 Requesting approval of a Special Use to appendix B Section VIII (B)(3)(x) to operate a pool hall facility and to appendix B Section X (B)(10)(nn) for parking variation of 46% at 9090 W. Golf Rd., Niles, IL 60714. Mr. Wlodarski repeated the case number and description. This is a request to open a billiards hall in the Golf Glen Shopping Center and also for a 46% parking variation. Gewalt-Hamilton did a supporting study to allow this business such a large parking variation. The Community Development Department has reviewed this request and has no objections to the Special Use as long as the following conditions are part of the ordinance: 1) no liquor license shall be issued unless the request comes before this Board and the Board of Trustees; 2) there should be security from 7 p.m. until closing. All security shall be trained in gang awareness; 3) the operating hours shall not run past 11 p.m.; 4) no food sales except cookies, pretzels and similar dry bakery products and food dispensed by vending machines shall be allowed. Chairman Kanelos asked Mr. Wlodarski for a copy of what he read since the Board’s information was slightly different. He then said to mark the packet that was submitted as Exhibit A. Page 8 of 20  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS August 2, 2010 Mr. Wlodarski said the reason the Commissioners did not have these in their packets is most of these conditions came from the Police Chief and it was given to Community Development after the Board’s packets were assembled. Commissioner Dubiel said the Board should read the memo given to the Board dated July 26, 2010 from Mr. Wlodarski regarding this discrepancy. Would that be entered as Exhibit B? Chairman Kanelos said yes, that would be update parking correction. Yes, it would be Exhibit B. Commissioner Nakanishi said on the memo from Rich Wlodarski from Gewalt-Hamilton she believed there is an error under the paragraph “site context.” They mention the shopping center is located east of Milwaukee Ave. and Golf, but it is actually west. This should be changed. Chairman Kanelos said yes, it does say that on the first page of the report in the second paragraph. Commissioner Troiani keeps the final exhibits and he will make a note to correct that. It should say west of the intersection of Milwaukee and Golf. Commissioner Dimond asked why security would start at 7 p.m. Mr. Wlodarski said that was directly from the Police Chief. He did not elaborate. Commissioner Dubiel asked if the Chief indicated what he considers gang awareness training. Mr. Wlodarski said he will actually monitor and have to sign off on whatever the training or awareness level is per his discretion. Chairman Kanelos spoke with the Police Chief and he said they would be willing to train whoever the security is at the police department. There were no additional questions from the Commissioners or the public. At this time Chairman Kanelos called on the petitioner to step up. Page 9 of 20  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS August 2, 2010 Ms. Christina Joung, 8734 Fernald Ave., Morton Grove, IL 60053 and Mr. Paul Kolpak, her attorney, 6767 N. Milwaukee Ave., Niles, IL 60714 came to the podium and were sworn in. Chairman Kanelos said that Mr. Kolpak gave the Board a packet this evening and it should be listed as Exhibit C. Mr. Kolpak said he spoke with the Police Chief and he indicated the same thing to him as he indicated to the Chairman. Whoever the managers are will take the training through the Village and that will suffice for the security. Chairman Kanelos said that is not what he indicated to him. He said whoever the security personnel are, not the management, they would be trained. Mr. Kolpak said he spoke to Mr. Ostman a little while ago. Mr. Ostman said it is a different conversation. He spoke with Chief Strzelecki at 6:30 p.m. and he would accept the manager that was on duty as the security as long as they were trained and it was effective. The condition we put in is that the level of security should be subject to the Police Chief’s signing off on it. Mr. Kolpak said the objective is to have a Special Use for a billiard hall which is certainly different than a pool hall. Billiards is a much more difficult game. He took issue with the staff report on hours of operation. The plan is to be open from 11 a.m. until 2 a.m. If he were here for a bar that serves liquor they would be requesting a 2 a.m. closing time. He has done this many times in the past. He said he never had an 11 p.m. closing time for almost anything in this Village. They agreed to not serve liquor. He feels the closing time is a hardship. He spoke to the Chief about the security guard. He asked the Chief if they needed to get an Andy Frain [for example] or an off duty police officer. The Chief answered they need to be trained. If something were to happen, they can impose a more strict regulation for security. Commissioner Dubiel asked if the Police Chief is asking for an additional security guard in addition to a manager. Page 10 of 20  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS August 2, 2010 Mr. Kolpak said his first understanding was it would be a trained person on premises visible as a manager subject to the Chief’s approval. Commissioner Dubiel said in their packet the comments from the Chief [which the Board has to go on] is no liquor license, must have security in the evening hours. Security needs to be trained in gang awareness. Clearly security isn’t just a camera. It sounds like a separate person. Mr. Kolpak said when he spoke to the Chief on Friday [July 30] he asked if they need another person physically there in a uniform. The answer he received was no. That is consistent with the conversation he had with Mr. Ostman today. Chairman Kanelos asked if Mr. Kolpak was pretty much through. They can open it up for discussion. Mr. Kolpak said he was almost through but there are really two issues. Then the discussion began. Do they currently have management employees that can be identified? Mr. Kolpak said not at this point. But they will have whoever is managing it take this gang awareness training. Chairman Kanelos asked if there was a plan for how many people will staff this establishment. Mr. Kolpak said probably no more than two. Chairman Kanelos asked would there be at least two or is there a possibility there could be one. Ms. Joung said one or two. Mr. Kolpak said the Chief has asked to have someone between 7 p.m. and closing time. If there were going to be two security people it would be at that time when they anticipate being the busiest. Commissioner Schulter asked Ms. Joung if she was the owner/proprietor of Glen Billiards and Seoul Billiards. Do you actually own those? Ms. Joung said yes. Page 11 of 20  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS August 2, 2010 Mr. Kolpak corrected the answer. Ms. Joung apparently did not understand the question. He asked her slowly “do you own them?” She still does not understand the question so they are going to show her what it says in Exhibit C. After being shown, she says no. Chairman Kanelos said the Chief indicated the reason he wants security is because of some investigating in the surrounding areas and the billiard/pool halls that did not have security had incidents; those that did seemed not to. Mr. Kolpak said that is consistent with what the Chief told him. The one in Des Plaines has the most problems. Commissioner Dubiel asked if they made it a condition, could they make it at the discretion of the Chief. It just isn’t clear. Vice-Chairman Dimond asked about the hours of operation. How many days will it be open and until what time? Mr. Kolpak said it will be open seven days a week starting at 11:00 a.m. He asked Ms. Joung when she would be closing. Monday through Thursday at 2:00 a.m.; weekends between 2 and 3 a.m. is what she would like. Vice-Chairman Dimond said there is an exit to the north of the building. Is there going to be any public entrance or exit through that door? Mr. Kolpak stated it is an emergency door. Vice-Chairman Dimond said in the packet that the Board just received tonight, under services provided it says rotisserie chicken. Maybe this is at your other location. Mr. Kolpak said there are no other places of business. They are not serving rotisserie chicken but they are not saying four months from now they may not come back in front of this Board to ask for expanded food service. There will be coffee, tea, soda, water, juices, and smoothies. Anything that doesn’t go into the category of food preparation. Vice-Chairman Dimond said smoothies would have food preparation. Page 12 of 20  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS August 2, 2010 Mr. Kolpak said if you went into the Niles Senior Center you would see them serving smoothies. Vice-Chairman Dimond said she isn’t sure if everyone understands [in the same way] the issue of the security guard. Her understanding is if the Police Chief said you need a security guard [a separate person from the manager] from day one, that is something you will agree to, is that right? Mr. Kolpak said he does not believe that is what the Chief said. What he understands the Chief to say is they need people trained in gang related issues. If he feels their security is not sufficient they can require Ms. Joung go to a full security guard. Commissioner Dubiel said he is trying to find some reasonable ground. He is concerned because the Board has completely different information in front of them than what is being presented. The Chief looked it over, signed it off to the Board and it is not clear. Chairman Kanelos said there is a big discrepancy on the closing time. We may be on common ground with security, not sure yet. But definitiely a discrepancy on closing. Commissioner Nakanishi asked if the Board should table this item until they speak to the Chief. Vice-Chairman Dimond said she thought it was a good idea. Commissioner Dubiel said he would second that. Mr. Ostman said he apologized that he put in the time of 11:00 p.m. He misunderstood the Police Chief. He just called him on the phone [during the meeting] and he has no issue with closing at 2 or 3 in the morning. The staff here does not have any issue either as long as there are no alcohol sales and they are secured until closing time. Commissioner Dubiel asked if the Chief clarified what security should consist of. Mr. Ostman said that when he spoke with the Chief earlier today, the Chief would accept if the manager was qualified to have the proper training in security, he would accept the manager. But if there comes a time the manager is not filling the role of security, the Chief would step in and require a separate security person. Page 13 of 20  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS August 2, 2010 Mr. Kolpak said they have no problem with that. That is what the Chief said to him and he believes it is a reasonable statement. Commissioner Schulter asked the Village’s definition of a security guard. Does a security guard have to have a license? It is unclear. Within the Chief’s notes, it says must have security in the evening hours. What does he mean by security? Mr. Ostman said there is no Village definition - unless it is defined. By security, the Chief means a person that is there on the premises that is trained to watch out for gang activity. Commissioner Dubiel asked Ms. Joung is this the first billiards hall you own? She stated yes, in the United States. She used to own them in Seoul, Korea. You want your clients to be safe, correct? Ms. Joung does not understand. Mr. Kolpak explained you want your customers to feel safe, correct? She replied yes. Commissioner Dubiel said if they make a condition tonight and say the managers must be trained in gang awareness to the Chief’s satisfaction and it is not working, you will add a security guard to the hours he thinks it is appropriate. Is that within reason? Chairman Kanelos said it still doesn’t satisfy; otherwise it wouldn’t have defined security and that security has training in gang awareness. A manager could have training in keeping their eyes open but it doesn’t necessarily mean they have training in security. Everybody is being honest in their interpretation but they are looking at it different ways. He would like to talk to the Chief. Commissioner Dubiel said Mr. Kolpak, as an officer of the court, is being accurate; Mr. Ostman is being taken at face value so just to try to move forward. But if the Board feels it should be tabled until September, he won’t stand in the way. Mr. Kolpak said there is a hardship in the lease; the landlord is difficult. The commencement date is August 1. Page 14 of 20  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS August 2, 2010 Chairman Kanelos said that passed already. Mr. Kolpak said they can live with a month. Now what they are living with is two months. There is more and more and more discussion about the definition of security. Commissioner Dubiel said this will come again before the Board of Trustees and the Chief will be there that night. This Board’s concerns will be read into the record. If time is of the essence…. Chairman Kanelos said he understands once the Board makes the recommendations, new testimony is not allowed. This is where we have to have the testimony from the Chief. Commissioner Schulter said if the Board agrees to the terms as Mr. Kolpak understands them from the Chief, when do you actually plan on opening this billiard hall. Mr. Kolpak said four months from now. Commissioner Schulter said what if the Board was to put in a stipulation that prior to opening the manager has to go through the gang awareness training - that way it is covered. Mr. Kolpak said they have always agreed to that. He doesn’t think his speaking would be considered new testimony; it would be more of an explanation of testimony in front of a Board. Commissioner Dubiel said Mr. Ostman has clarified the time and the condition can be made broad enough to capture the concern, so we can move forward since time is important here. Is that possible? Chairman Kanelos said it is possible. You can vote whether you are convinced that the Board has satisfied the condition to protect the health, safety and welfare of the community. Commissioner Troiani addressed Mr. Ostman by saying this piece of property has been in Niles a long time. Various businesses have closed up. All of a sudden there is a new way of parking. Businesses used to have variances of parking put on them for the whole shopping center. Now there is 46% - is Page 15 of 20  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS August 2, 2010 that going to include all the other percentages put on in the past? Or do we forget all them and work with this table right now. Mr. Ostman said he had a discussion with Rich [Wlodarski] tonight. He doesn’t want to assign a 47% variation to the shopping center. That entire section of the code needs to be reviewed. Other towns have different verbiage. Because Niles’ parking code is old and not up to date, that is why they are reaching out to the professional company of Gewalt-Hamilton to evaluate the parking. Commissioner Troiani said when we bring up this shopping center again and are adding another store, will we be adding to this variance or not adding to it. Mr. Ostman said it depends on how the report comes back from the outside consultant. Chairman Kanelos asked Mr. Ostman if he is asking the Board to not include a variation for parking. Mr. Ostman said at this time he does not want to give a blanket 47% variance. Let’s say the theatre goes out, all of sudden seven restaurants want to come in; they can’t say they have a 47% variation and are allowed to come in and parking would be an issue. Chairman Kanelos said so that would have to be removed, right? Commissioner Dubiel said this would then not meet the code. Mr. Ostman said no, it would not. But there is a section in the code that gives the Planning Commission the authority to consider shared parking in meeting the code. Commissioner Dubiel said there is plenty of parking. Mr. Wlodarski said in the report there is a specific section it refers to that allows the data to be submitted so the Board can actually permit it for that section. Page 16 of 20  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS August 2, 2010 Commissioner Nakanishi said going back to security, it doesn’t say security only needs to be trained in gang awareness; it sounds like you have to have an off-duty policeman on duty. That is her interpretation. Chairman Kanelos asked if the landlord told the tenant if this doesn’t go forward this month, they will lose the lease. Mr. Kolpak said they are not going to lose the lease. It becomes a financial problem. The rent starts six months from August 1st, so if they don’t get approved until end of September, now the plans have to be submitted, and then roughly 3 months to get up and running. If we say this is subject to the Chief’s approval, we all agree the Chief is going to make this decision. Vice-Chairman Dimond said they are all interested in knowing what the Police Chief did or didn’t say. The Commissioners are the ones that have to define the parameters of the Special Use and can’t delegate it to another individual. What we vote on has to apply to the rules of this Special Use. We may adopt what the Police Chief suggests. Chairman Kanelos says if the Police Chief says train the manager, he’s not sure that meets the …. There is a fundamental issue there. But there is concern. Someone should make a motion to pass it and it will be either an up or down vote. If the motion is made to continue it until next month, the same applies. Mr. Kolpak spoke some more about a uniformed security guard. Commissioner Troiani said there is a bad image of pool halls. They have come up before the Board in earlier times. They have all been thrown out. There used to be fights, with or without drinks. If these people say they are going to do everything we have asked of them, he doesn’t see why this can’t be voted on. Commissioner Dubiel said this is an important issue. It should have been made clearer what the Chief meant. Mr. Kolpak said leaving it to the discretion of the Police Chief of Niles, does that satisfy the Board’s standard of safety for the Village? Page 17 of 20  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS August 2, 2010 Commissioner Schulter asked how many billiard tables will be there. Ms. Joung said fourteen with six internet stations with eight lounge tables. Mr. Kolpak had plans dated 7/21/10. The Board had plans dated 6/17/10. Chairman Kanelos asked if there were any new questions from the Commissioners. Vice-Chairman Dimond said she had concern about voting in favor or against a Special Use where they are leaving something to the discretion of the Police Chief. It seems the Board is delegating a responsibility to the Police Chief. Commissioner Troiani said as a Board they have a right to bring business into town that will be beneficial. We have a large Korean population in town. This is their recreational facility. He doesn’t want to hold them back. They have to go into business knowing they have to abide by the rules of the Niles Police Department. Chairman Kanelos said last month the Board continued an item because of a lighting concern. We didn’t have enough information. For him this is a bigger question mark. He doesn’t have a negative opinion about pool halls. He feels they need more information. Commissioner Schulter said they have been talking about the safety and well-being of the Village. He is sure the Village will make sure this business is run properly. If there is a problem once they are open, then they can force some other stipulations on them. Mr. Ostman said even before they open, if the Police Chief is not satisfied with the level of security with the manager, he can deny their opening. Chairman Kanelos called for a motion. Commissioner Dubiel moved that they approve 10-ZP-15 Ms. Christina Joung, 8734 Fernald Ave., Morton Grove, IL 60053 requesting approval of a Special Use to appendix B Section VIII (B)(3)(x) to operate a billiards hall facility and to appendix B Section X (B)(10)(nn) at 9090 W. Golf Rd., Niles, IL 60714. They find it meets the standards set forth in the zoning code H (4 a,b, & c). It is deemed necessary for the public convenience at this location and is Page 18 of 20  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS August 2, 2010 so designed, located and proposed to be operated that the public health, safety and welfare will be protected and will not cause substantial injury to the value of other property in the neighborhood in which it is located under the following conditions: 1) no liquor sales, 2) no food sales except cookies, pretzel and similar dry bakery products and food dispensed by a vending machine, 3) operating hours shall be Monday through Friday, 11 a.m. until 2 a.m., Saturday, 11 a.m to 2 a.m. and Sunday, 11 a.m. to 2 a.m.; 4) also, the Special Use shall be reviewed on an annual basis. 5) The parking variation shall apply to this shopping center as long as the Special Use is still active for the billiard hall [it is identified as a pool hall in the code] it was granted for. Mr. Kolpak asked for a point of clarification. They spoke about a smoothie of some sort. Mr. Ostman said smoothies would be acceptable by staff to add. Commissioner Dubiel said condition 6) the manager and staff will be trained in gang awareness to the standards set by the Chief of Police or the Chief may order the billiard hall to have a separate security guard during hours he finds appropriate. Chairman Kanelos asked Mr. Kolpak if this motion is voted down, is that more harmful to his client than a continuance. Mr. Kolpak replied his short answer is yes. Commissioner Troiani seconded the motion. On roll call the vote was: AYES: 4 Surace, Troiani, Schulter, Dubiel NAYS: 3 Dimond*, Kanelos, Nakanishi There being four (4) affirmative votes the motion carried. *voting no because she is concerned about the format of the approval, not because she is opposed to the facility. She feels it delegates discretion to the police. The problem is akin to the legislature passing a law that says you shouldn’t violate the law – whatever the Police Chief says it is that day. At this time, Chairman Kanelos entertained a motion to adjourn. Vice-Chairman Dimond moved to adjourn. Seconded by Commissioner Dubiel, on roll call the vote was: Page 19 of 20  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS August 2, 2010 AYES: 7 Dimond, Surace, Kanelos, Troiani, Nakanishi, Schulter, Dubiel NAYS: 0 There being seven (7) affirmative votes the motion carried. The meeting adjourned at 8:35 p.m. Kathleen Janessa, Recording Secretary Page 20 of 20