Planning and Zoning Board

APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS April 2, 2012 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 Village Attorney Joseph Annunzio, Vice-Chairman Karen Dimond, Commissioners Thomas Surace, Angelo Troiani, Barbara Nakanishi and Robert Schulter. Also present was Charles Ostman, Director of Community Development and Richard Wlodarski, Assistant Director of Community Development. Commissioner Morgan Dubiel was absent. Chairman Kanelos asked if there were any additions, clarifications or corrections to the minutes of February 6, 2012. There were none. Vice-Chairman Dimond moved to approve the minutes of February 6, 2012. Seconded by Commissioner Troiani, on roll call the vote was: AYES: 5 Dimond, Surace, Troiani, Schulter, Kanelos NAYS: 0 ABSENT: 1 Dubiel ABSTAIN: 1 Nakanishi There being five (5) affirmative votes the motion carried. Chairman Kanelos asked if there were any additions, clarifications or corrections to the minutes of March 5, 2012. There were none. Vice-Chairman Dimond moved to approve the minutes of March 5, 2012. Seconded by Commissioner Surace, on roll call the vote was: AYES: 6 Dimond, Surace, Troiani, Nakanishi, Schulter, Kanelos NAYS: 0 ABSENT: 1 Dubiel There being six (6) affirmative votes the motion carried. NEW BUSINESS 12-ZP-10 Mr. Peter Lee 711 S. Yale Ave. Arlington Hts., IL 60005 Page 1 of 16  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS April 2, 2012 Requesting approval of a Special Use to Appendix B Section VIII (B)(3)(mm) to operate a cocktail lounge at 9118 W. Golf Rd., Niles, IL 60714, PIN 09-10-401-048-0000. 12-ZP-11 Charles Ostman Director of Community Development 1000 Civic Center Drive Niles, IL 60714 Requesting the following text amendments to Appendix B – Zoning Ordinance Business Districts: Amend Section III – definitions and Section VIII (C) (3) for cosmetic tattooing as a new special use category in the B-2 service business district. Amend Section III – definitions and Section VIII (c)(3 ) for drive-thru facility as a new special use category in the B-2 service business district. Amend Section III for catering to be permitted in B-1 and B-2 business districts as a special use. Amend Section III for definitions and Section VIII (C)(3) for pawnshops as a new special use category in B-2 business district. Chairman Kanelos called for the first item on the agenda. 12-ZP-10 Mr. Peter Lee 711 S. Yale Ave. Arlington Hts., IL 60005 Requesting approval of a Special Use to Appendix B Section VIII (B)(3)(mm) to operate a cocktail lounge at 9118 W. Golf Rd., Niles, IL 60714, PIN 09-10-401-048-0000. Charles Ostman stepped to the podium. This is zoning petition 12-ZP-10 requesting approval for a Special Use to Appendix B Section VIII (B)(3)(mm) to operate a cocktail lounge at 9118 W. Golf Rd. in Niles. The legal notice was published in The Bugle Newspaper on March 15, 2012. Letters were mailed out to all property owners within 250 feet of the subject property. The applicant and partner is from this original business, US Screen Golf, which Page 2 of 16  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS April 2, 2012 opened in December 2009 at this location. The business consisted of four (4) rooms with golf simulators to allow customers to rent the rooms with the simulators to practice their golf swing. The owners were granted a liquor license in May 2011. This liquor license was to be incidental to the primary business. In December 2011 the owners changed the primary business from golf simulators to a new business named US K Pop. This was to be geared toward a cocktail lounge also offering karaoke. Since the primary business is being changed to a cocktail lounge, this is listed as a Special Use in the Zoning code. The owners have temporarily surrendered their liquor license to the Village until this Special Use is granted. Mr. Ostman had several conversations with the police chief [Dean Strzelecki] last Thursday and Friday regarding this request for Special Use. The police chief came up with two (2) recommendations on conditions if the Special Use is granted: [there is a floor plan in the packet in front of the Commissioners.] 1) Rooms 1, 3 and 7 are to be removed once a valid building permit is secured. 2) A window shall be installed in each room from the corridor. The window shall remain clear and maintain an unobstructed view into each room at all times. The size of the window shall be a minimum of 3 feet high by 4 feet wide. The bottom edge of the window is to be installed between 3-1/2 and 4 feet above finished floor. The last condition is no liquor is to be sold or consumed until the building permits are obtained and the conditions of this Special Use are met. These are the recommended conditions by the police chief. At this time he asked if there were any questions from the Commissioners. Commissioner Troiani asked if the department heads are aware of this letter or is the Zoning Board the only group to receive this. Mr. Ostman said it doesn’t affect any other departments. This exact memo has been conveyed to the police chief to make sure the language is proper. The police chief said he is satisfied with those two [2] conditions. Commissioner Schulter asked if all these rooms are going to be karaoke rooms. If the wall is knocked down between rooms 1 and 2, it will be one big room, is that correct? Mr. Ostman said yes. Same with rooms 3 and 4, and 7 and 8. Page 3 of 16  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS April 2, 2012 There were no more questions from the Commissioners. There was one question from the public. Chairman Kanelos called for that person to come to the podium to be sworn in. Sharon Kolpas, 9098 Terrace Drive, Unit 4A in Niles came forward. She did not have a question but comments pertaining to the letter she received from the Village. She lives directly across the alley from 9118 W. Golf Road. There are three [3] buildings that run parallel with the alley behind this shopping center. She has lived there since 1983 and has seen businesses come and go from that center. There have been a lot of problems. There should be a Village ordinance that doesn’t allow cleaning of the alleys until 7:00 a.m. There are 82 units per building and people are trying to sleep. Of these units, 41 units, three buildings in a row, face this alley. People have no respect. They come out and smoke in the alley, they are drinking in the alley. The people living in the condominium units are hard-working people that pay assessments, taxes and mortgages to put roofs over their heads. The people from this bar prevent the residents from sleeping at night when the weather is nice and they are able to open their windows. You can hear music, bass, booming and the doors are constantly being opened because they come out to smoke. They are loud and laughing. They are having fun. Everybody should have fun. But they have no respect for the people sleeping right there. These are six [6] story buildings full of people trying to sleep so they can get up in the morning to go out and make a living. Chairman Kanelos asked Mr. Ostman to put an aerial view of the area on the overhead screen. Commissioner Schulter asked Ms. Kolpas if she has ever called the Village. Ms. Kolpas replied she called the Village when she received the letter and spoke to Rich [Wlodarski]. Commissioner Schulter said he meant did she call to complain at other times before this letter came out. Ms. Kolpas replied she has been calling the police for years. They know her by name and she knows them by name. In looking at the overhead she described the entire condo complex for the Board. Page 4 of 16  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS April 2, 2012 Chairman Kanelos asked if the noises she hears are from that building. Ms. Kolpas said the noise is from the alley. There are other units in the center. There have been many summers with noise and bad conduct. When there was a liquor store in the center, men would come out and cut through the fence separating the center from the condos. They would sit on the tree boxes, drunk, making her feel uncomfortable on her little patio. Sometime they’d urinate in the bushes and on the dumpster. There are restaurants in the center and at 2:00 a.m. they pour beer bottles into the dumpster and slam the lid down. Every night they are awakened by this terrifying crashing of glass and they don’t care. Then at 3, 4 or 5 a.m. a mini cleaning truck comes through banging into everything. She calls the police but the trucks usually leave before police arrive. When the bars are open, groups of 4 to 6 people come out in the alley to smoke and they are laughing and having fun with no consideration for the people living across the yard trying to sleep. Then the back door is left open and you can hear the music. It seems when she calls the police nothing gets done. This brings a bad element to the area. She is all for business in Niles but feels she deserves to sleep in her own bed. She did tell neighbors she was coming to this meeting and she has twenty-one [21] signatures from these people saying they do not want a cocktail lounge at 9118 W. Golf Road. Thank you for listening. Mr. Chong Sun Pak stepped forward and was sworn in. He is another resident of the area residing at 9731 Fox Glen Drive, Unit 31, Niles, 60714. He has lived there for 26 years. He doesn’t know Peter Lee. Mr. Lee is going to open Korean karaoke. Most Korean people don’t do this stuff. They drink, sing and go home. She is talking about non-Koreans. Korean people are careful for their neighbors. Chairman Kanelos said at this time the petitioner will make his presentation. Peter Lee, 711 S. Yale Ave., Arlington Hts., IL 60005 came to the podium and was sworn in. Paul Kolpak, 6767 N. Milwaukee Ave., Niles, IL stepped forward as representative for the petitioner. He asked Mr. Lee for the hours of operation and how many employees would be on site. Page 5 of 16  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS April 2, 2012 Mr. Lee said two to three [2 to 3] employees and open from 5 p.m. until 2 a.m. seven [7] days a week. The golf business did not make it. He believes the karaoke cocktail lounge will be successful. He heard the neighbors had been complaining. Traditionally the Korean community is involved in karaoke. He doesn’t understand people would go into the alley and throw bottles. His clientele are young people and families. He was not aware there was that much noise. There is another karaoke bar in the same center. Mr. Kolpak asked Mr. Lee if he was aware if this Special Use is granted tonight, it can be taken away. Should his business become a problem the Board has a right to revoke the Special Use. And does he understand the neighbor has a valid concern and he will do his best to keep a watchful eye on his business. Mr. Lee stated yes, he is aware. He can put an alarm on the exit door in the back so no one can go out unless it is an emergency. Mr. Kolpak asked Mr. Lee if he had met with the police chief and discussed his recommendations and agreed to them. Mr. Lee said yes, he fully understands it. Mr. Kolpak said in looking at the aerial view, there are four [4] rows of parking, about 18 feet deep for each one and a 23 foot aisle, plus the alley way. We are talking about 150 to 160 feet from the back of the establishment to the property line of the condos. He is not diminishing Ms. Kolpas’ concern but only putting it in perspective. His client is aware of the concerns. He will do whatever he can to maintain as little noise as possible for the neighbors. He understands the license can be revoked if there are problems. Chairman Kanelos wanted to make it clear that Ms. Kolpas was not referring to Mr. Lee’s establishment specifically. Mr. Kolpak said he understands her problems. Commissioner Troiani asked if there was going to be a beer garden or outdoor patio. Mr. Lee said no. Page 6 of 16  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS April 2, 2012 Vice-Chairman Dimond said she wanted to clarify Mr. Lee will put in an alarmed emergency exit on the north side of the building that exits to the alley. Mr. Kolpak asked Mr. Lee if he was willing to make sure people can’t walk out the back, have a couple of drinks, scream and yell and then come back into the bar. Vice-Chairman Dimond said patrons should see a sign that says emergency exit only and they know if they go through that door an alarm will go off. If they want to smoke they can go out the south door into the parking lot to smoke. Chairman Kanelos asked again how many employees. Mr. Lee said two to three. Chairman Kanelos asked what the capacity would be. He was told it would be determined by the fire department. He felt the number of employees is low. Commissioner Surace asked if each room is karaoke, isn’t there someone in each room who handles the sound? Mr. Lee said it is automated in each room. No deejays. It would be cost prohibitive. Commissioner Schulter asked if the bar area would have karaoke. Mr. Lee said no. Chairman Kanelos asked if there were additional questions from the Commissioners. There were none. There was a question from the public. Ms. Sharon Kolpas came forward again. Ms. Kolpas said in previous bars the speakers were against the back wall. While these big speakers sit on the floor you can feel the vibrations on the concrete outside the bar. In the silence of the night it is very loud. In all due respect to Mr. Pak, he lives on Elmwood and would not hear the noise Page 7 of 16  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS April 2, 2012 because he is too far away. And she never said anything about a certain ethnicity inside the bar. It doesn’t matter to her what ethnicity is in that establishment, she just wants to be able to sleep at night. She tries to speak on behalf of her neighbors of all ethnicities, some of whom can’t speak English. Commissioner Schulter asked if she has seen the diagram of the way this will be laid out. Ms. Kolpas said no. Joseph Annunzio, Village Attorney, said if there is an ongoing problem with the other bars in the area, he will talk to the police chief. He said people shouldn’t be going out that back door. He will look into all the problems going on there. Mr. Kolpak showed the diagram overhead. The karaoke rooms are in the front of the building. The back is where the lounge area is. This is not a disco. Commissioner Schulter said it is not like a bar. Ms. Kolpas said she understands more now. She just wants to be able to get some sleep. She wished Mr. Lee good luck in his business and wants to be able to work this out. Mr. Kolpak said each karaoke room is soundproof. Mr. Pak spoke again but he is very hard to understand. He was talking about sound being contained in the building. Vice-Chairman Dimond moved to approve the requested Special Use to Appendix B Section VIII (B)(3)(mm) to operate a cocktail lounge at 9118 W. Golf Rd., Niles, IL 60714 requested by Peter Lee of 711 S. Yale Ave., Arlington Hts., IL with the following conditions: rooms 1, 3 & 7 as identified on Exhibit 2 to the application packet are to be removed once a valid permit is secured; that a window is to be installed in each room from the corridor – the window shall remain clear with an unobstructed view at all times. The size of the window shall be a minimum of 3 feet high by 4 feet wide. The bottom edge of the window is to be installed between 3.5 feet and 4.5 feet Page 8 of 16  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS April 2, 2012 above the finished floor. No liquor is to be sold or consumed until the building permits are obtained and the conditions of the Special Use are met. A further condition would be that the north door must remain closed at all times and be converted into an emergency exit where upon an alarm would sound if patrons attempt to exit through that north door. She also moved that they make the finding in conjunction with this motion that this Special Use is necessary for public convenience; that the public health, safety and welfare will in no way be jeopardized by this cocktail lounge given the conditions imposed upon it and it will not cause any substantial injury to the value of other property in the neighborhood in which it is located. Seconded by Commissioner Schulter, on roll call the vote was: AYES: 6 Dimond, Surace, Troiani, Nakanishi, Schulter, Kanelos NAYS: 0 ABSENT: 1 Dubiel There being six (6) affirmative votes the motion carried. This Board is a recommending board to the Board of Trustees who can either confirm or negate this decision. It will be necessary for the petitioner to contact Mr. Chuck Ostman, Director of Community Development, and ask to be placed on the Board of Trustees agenda and you will be notified of the date. Anyone in the audience who would like to be informed as to the date this will be heard by the Board of Trustees, please leave your name and address with our secretary and you will be notified. Chairman Kanelos called for the next item on the agenda. 12-ZP-11 Charles Ostman Director of Community Development 1000 Civic Center Drive Niles, IL 60714 Requesting the following text amendments to Appendix B – Zoning Ordinance Business Districts: Amend Section III – definitions and Section VIII (C) (3) for cosmetic tattooing as a new special use category in the B-2 service business district. Amend Section III – definitions and Section VIII (c)(3 ) for drive-thru facility as a new special use category in the B-2 service business district. Page 9 of 16  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS April 2, 2012 Amend Section III for catering to be permitted in B-1 and B-2 business districts as a special use. Amend Section III for definitions and Section VIII (C)(3) for pawnshop as a new special use category in B-2 business district. Richard Wlodarski, Assistant Director of Community Development, stepped to the podium. He will go through each of the four [4] amendments and explain how they came to be. Vice-Chairman Dimond asked him to explain why on the agenda there are four [4] changes listed; on the request for action there are seven [7] different text amendments listed; when you turn the page there are six [6]. She is having trouble matching up the sections with what is being changed. Mr. Wlodarski said he will do his best to explain each one. All of these are recommendations from the Building and Zoning Committee and were discussed with that committee. We will give the Commissioners the highlights on each one. First – cosmetic tattooing. There have been numerous requests for this. Actual tattooing is not allowed per the zoning ordinance. A lot of salons in other towns offer this. It is strictly for the face: eyebrows, skin pigmentation are going to be part of the Special Use. Along with this they had to add a definition for cosmetic tattooing so there are actually two [2] things listed with this. It will be a definition addition and add cosmetic tattooing as a Special Use to the Zoning Code. He can read these Sections [of the code] or the Board can read them into the ordinance as they approve them. Chairman Kanelos said there is a possibility they may have an omnibus motion to pass them all at the end. Mr. Wlodarski said he walk go through all of them but if there were questions during this discussion, please ask them. Chairman Kanelos said instead of rewording the motion each time, pass them at the end or pass the ones they decide they want to pass. Right now the Board can ask questions on the cosmetic tattooing and/or the definition of it. Commissioner Schulter clarified the back, stomach and legs are not included. Page 10 of 16  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS April 2, 2012 Mr. Wlodarski said correct. Another note – it cannot be a standalone business. It can only be offered as part of a service of a salon or beauty shop. Chairman Kanelos asked for other questions regarding this item. There were no more questions from the Commissioners or the public. He then moved on to the next item. Mr. Wlodarski then spoke of catering establishments [actually the third item listed on the agenda but second thing in the packet.] It has always been listed in the Zoning code – not as a Special Use but only in the B-2 business district. There have been requests to locate it in a B-1 district also. The proposal is to allow it in both the B-1 and B-2 business districts per discussion with the Building and Zoning Committee. They wanted to change it so it is allowed in both but also allow it as a Special Use so staff can take a closer look and make sure there weren’t a lot of delivery trucks that go along with it; staff can analyze each situation. Chairman Kanelos asked if there were any questions regarding catering to be permitted in both B-1 and B-2 business districts. Vice-Chairman Dimond asked Mr. Wlodarski to go over it one more time in terms of removing it from one section and putting it in another. Mr. Wlodarski said it was originally listed under B-2 zoning district which meant it could be allowed only in that zoning district. There were requests for this from people looking at locations that were zoned B-1 only and catering wasn’t allowed in B-1. It was recommended to the Committee that catering be allowed in both B-1 and B-2; it was decided it was fine to move it into both zoning districts but also to make it a Special Use in case there were other concerns – each site specific. There are two [2] zoning districts. If it is listed in B-1 it is allowed in both B-1 and B-2. If it is only listed in B-2 it is only allowed in B-2. So by moving it to B-1 it is basically allowed throughout the whole town. That is way the Zoning code is written. That is the reason for moving it out of B-2 and into B-1. Chairman Kanelos asked if there were more questions from the Commissioners or from the public. There were none. He moved on to drive-thru facilities. Mr. Wlodarski said staff brought drive-thru facilities to the Building and Page 11 of 16  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS April 2, 2012 Zoning Committee because normally it is attached to restaurants which are automatically Special Use but there have been some requests to add a drive- thru onto existing businesses. It could have been a disaster regarding some locations. Most towns have drive-thrus as a Special Use. Staff felt more comfortable getting it into the Zoning code as a Special Use so each request could be looked at specifically. Any new business requesting a drive-thru could be included with a restaurant along with it. But if it is an existing business and they want to add a drive-thru, they would have to appear before this Board and the Board of Trustees. They have it listed to be put into a B-2 district, but that is incorrect. They want it put into B-1 to allow it in all districts. There also is a definition of drive-thru to be added under rules and definitions. Vice-Chairman Dimond said so if someone came before the Board and wanted a Special Use for a business and also wanted to put in a drive-thru, they would have to ask for two [2] Special Uses. Mr. Wlodarski said correct. More times than not it is part of a restaurant. It has not been an issue up until now but there have been some unusual requests. Commissioner Troiani has a thought that the Board does not have to grant these things. It is just available as a Special Use if they pass a Special Use for their business. Chairman Kanelos said absolutely. Mr. Ostman stated in every other municipality drive-thrus are a Special Use. It came to our attention last year when someone wanted to put in a drive- thru and it was next to an outdoor eating area. When this Board considers a drive-thru, the sign in the new sign code refers to this Board as to reviewing the drive-thru signs and every sign that deals with that drive-thru under that Special Use. Chairman Kanelos asked for other questions from the Commissioners and the public. There were none. The fourth [and sixth and seventh, depending on how you look at it] item regarding pawn shops. Mr. Wlodarski said this was also discussed at the Building and Zoning Committee meeting. There have been many requests for pawn shops in the Page 12 of 16  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS April 2, 2012 last few years. Those are not allowed in the Niles Zoning code. There were enough people asking, in particular one persistent person, who actually met with the Zoning and Building Committee. They presented their case and the Zoning department met with them several times. Out of these discussions it was recommended to add pawn shops into the Zoning code. This will actually go in the B-2 zoning district. It is more of a service type business. There are no rules or definitions for pawn shops. One other thing within your packets is a proposal under Chapter 22 for business licensing to add some extra language to go along for pawn shops and pawn brokers. If you have any questions about it he’d be glad to answer, but technically it does not have to come before the Board. Vice-Chairman Dimond asked if this would require a definition addition. It just says amend the definition for pawn shop. Mr. Annunzio said it appears they are adding an entire new article in the Chapter 22 business section. Mr. Wlodarski said there is no definition for pawn shops. It will be listed under the pawn shop section ordinance in the business licensing section. It is just adding pawn shops as a Special Use under the B-2 zoning district. Vice-Chairman Dimond said then on the fourth item they would not be amending Section III for definitions but rather the definition is contained in Article 18. Chairman Kanelos said that would have to be rephrased because we are adding a new article. Mr. Ostman said in this request we are amending Section VIII (C)(3) and inserting K as pawn shop. There is no addition or amendment to rules and definitions. Chairman Kanelos said all you are requesting is to be added for Special Use. Then if something comes across we can recommend conditions at that time. At the meetings we had regarding this, we talked about referring to these as jewelry and loans, not pawn shops. Mr. Ostman said one of the members of that Committee wanted not to use the name pawn shop on their signage, but to use jewelry and loan. He would Page 13 of 16  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS April 2, 2012 have to refer that to the Village Attorney whether or not they can make that condition. Mr. Annunzio said you can’t make that as a condition. Commissioner Schulter said because then you are limited to just those items. Chairman Kanelos said not really because it would be jewelry and loan and anything else that is permitted in that new article that gets passed ultimately. Mr. Annunzio said he can call it anything he wants as long as it’s not obscene. Chairman Kanelos said therefore it is not something they can restrict. That’s why it didn’t go anywhere. Mr. Annunzio said no. Chairman Kanelos then asked if there were any other questions from the Commissioners. There were none. There were no questions from the public either. That was the end of Mr. Wlodarski’s presentation. Commissioner Nakanishi suggested they vote on these one at a time. Chairman Kanelos said if someone moves to make an omnibus motion to pass them all, that motion has to pass unanimously. If that fails, then by default they will all be voted on individually. At this point he entertained a motion. Vice-Chairman Dimond said she is still confused about the pawn shop section. Are we amending Section III for definitions? Mr. Wlodarski said no. Vice-Chairman Dimond made a motion to pass all four [4] text amendments and they can decide whether or not they want to do that. Mr. Ostman asked to wait a minute as Mr. Wlodarski was checking one [1] item on the Zoning map. After that time, Mr. Ostman said there were no other corrections. Page 14 of 16  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS April 2, 2012 Chairman Kanelos then entertained a motion. Vice-Chairman Dimond made a motion to amend Section III - definitions and Section VIII (C)(3) for cosmetic tattooing as a new special use category in the B-2 service business district; to also amend Section III – definitions and Section VIII (c)(3 ) for drive-thru facilities as a new special use category in the B-1 service business district; to also amend Section III for catering to be permitted in B-1 and B-2 business districts as a special use and finally to amend Section III for definitions and Section VIII (C)(3) for pawnshops as a new special use category in B-2 business district. Chairman Kanelos stated in order for this motion to pass, it has to pass unanimously. Seconded by Commissioner Schulter, on roll call the vote was: AYES: 4 Dimond, Surace, Troiani, Schulter NAYS: 1 Nakanishi ABSENT: 1 Dubiel Chairman Kanelos did not vote. It was irrelevant since the motion did not pass unanimously. They will now vote on the text amendments one at a time. He entertained a motion on the first item. Vice-Chairman Dimond moved to amend Section III – definitions and Section VIII (C)(3) for cosmetic tattooing as a new special use category in the B-2 service business district. Seconded by Commissioner Surace, on roll call the vote was: AYES: 6 Dimond, Surace, Troiani, Nakanishi, Schulter, Kanelos NAYS: 0 ABSENT: 1 Dubiel Chairman Kanelos entertained a motion on the second item. Vice-Chairman Dimond moved to amend Section III – definitions and Section VIII (c)(3 ) for drive-thru facilities as a new special use category in the B-1 service business district. Seconded by Commissioner Nakanishi, on roll call the vote was: AYES: 6 Dimond, Surace, Troiani, Nakanishi, Schulter, Kanelos NAYS: 0 ABSENT: 1 Dubiel Page 15 of 16  APPROVED MINUTES OF THE MEETING OF THE PLAN COMMISSION AND ZONING BOARD OF APPEALS VILLAGE OF NILES COOK COUNTY, ILLINOIS April 2, 2012 Chairman Kanelos entertained a motion on the third item. Vice-Chairman Dimond move to amend Section III for catering to be permitted in B-1 and B-2 business districts as a special use. Seconded by Commissioner Surace, on roll call the vote was: AYES: 6 Dimond, Surace, Troiani, Nakanishi, Schulter, Kanelos NAYS: 0 ABSENT: 1 Dubiel Chairman Kanelos entertained a motion on the fourth item. Vice-Chairman Dimond move to amend Section VIII (C)(3) for pawnshops as a new special use category in B-2 business district. Seconded by Commissioner Schulter, on roll call the vote was: AYES: 4 Dimond, Surace, Troiani, Schulter, NAYS: 2 Nakanishi, Kanelos ABSENT: 1 Dubiel There were no other items on the agenda. Chairman Kanelos entertained a motion to adjourn. Commissioner Surace moved to adjourn. Seconded by Commissioner Schulter, on roll call the vote was: AYES: 6 Dimond, Surace, Troiani, Nakanishi, Schulter, Kanelos NAYS: 0 ABSENT: 1 Dubiel There being six (6) affirmative votes the motion carried. The meeting adjourned at 8:15 p.m. Kathleen Janessa, Recording Secretary Page 16 of 16