Planning and Zoning Board

VILLAGE OF NILES 1000 Civic Center Drive Niles, IL 60714 www.vniles.com Draft Meeting Minutes Monday, June 3, 2019 7:00 PM Village Hall Planning and Zoning Board Chairman Thomas Kanelos Members Susan DeBartolo Morgan Dubiel , Vice Chairman Ted Karabatsos Terrence McConville Barbara Nakanishi Robert Schulter , Secretary Charles Ostman, Community Development Director There is no recording of the first thirteen minutes of the meeting. Planning and Zoning Board Draft Meeting Minutes June 3, 2019 _________________________________________________________________ _______ CALL TO ORDER/ROLL CALL The Niles Planning and Zoning Board was called to order at 7:02 P.M. All rose for the Pledge of Allegiance. PRESENT: 5 Chairman Thomas Kanelos, Commissioners Ted Karabatsos, Susan DeBartolo, Morgan Dubiel and Terrence McConville Also present was Director of Community Development Charles Ostman, Senior Planner Ron Traub and Village Attorney Danielle Grcic. Commissioners Robert Schulter and Barbara Nakanishi were absent. Commissioner Morgan Dubiel is Acting Secretary for tonight due to the absence of Commissioner Schulter. APPROVAL OF MINUTES Chairman Kanelos asked if there were any additions, clarifications or corrections to the minutes of May 6, 2019. There were none. Commissioner DeBartolo moved to approve the minutes of May 6, 2019. Seconded by Commissioner Karabatsos, on roll call the vote was: AYES: 5 DeBartolo, Dubiel, McConville, Karabatsos, Kanelos NAYS: 0 ABSENT: 2 Schulter, Nakanishi There were five (5) affirmative votes the motion carried. NEW BUSINESS 19-ZP-5 – Requesting approval of a special use permit for ‘Animal and Pet Sales’ per Village of Niles Zoning Ordinance Section 8.2 at 7752 N. Milwaukee Avenue doing business as Birdman’s Parrots. Senior Planner Ron Traub presented this case. The petitioner has a business in Chicago and is requesting a special use permit to relocate his business in Niles. This business is in agreement with the Comprehensive Plan. Notices have been sent out to all parties within 250 ft. of the proposed business. Commissioner Dubiel asked about parking. Mr. Traub said this proposed business meets the parking requirements. This is a shared lot in a strip center. One store in this center is vacant. He said the petitioner is in the audience tonight. Chairman Kanelos asked him to come to the podium. Page 2 of 9 Planning and Zoning Board Draft Meeting Minutes June 3, 2019 _________________________________________________________________ _______ Petitioner Elias Namroud, 9203 Washington St., Morton Grove, IL 60053 came forward and was sworn in. The Commissioners asked various questions about the birds Mr. Namroud sells, what kind of health precautions are taken and where the birds come from. He stated he has been in business for eighteen years. He had a partner at one time but is now on his own. He wants to come into Niles because he feels it would be a better location for his business and also because it is closer to his home. At this point, the recording has started. Mr. Namroud said he gets birds from breeders all over. Some he picks up at the cargo facility at O’Hare Airport. Sometimes he drives to Michigan or Indiana to pick up the birds. These are private breeders he has dealt with over the years. Commissioner DeBartolo asked if he will be taking bids on consignment. She also asked who does the testing for diseases. Mr. Namroud said he did a long time ago but he will not be doing that anymore. There will be no boarding either. Avian Biotech, Tallahassee, Florida does the testing. Avian sends him sample kits; he draws blood from the nails of the birds and mails it to the lab. Commissioner DeBartolo asked if his birds have ever had psittacosis. Mr. Namroud stated no. That is the number one disease they test for because it is transferable from a bird to a human. Commissioner DeBartolo asked if people come in off the street, are they able to touch the birds? Mr. Namroud said they have to sanitize their hands first. There are signs and sanitizers all over the store. Commissioner DeBartolo asked if people have to sanitize their hands after touching the birds. Mr. Namroud stated no. People are welcome to sanitize again but the main thing is that peoples’ hands must be clean and sanitized before touching the birds. Commissioner DeBartolo asked if anyone comes in to inspect his store to make sure it is clean and well run and properly licensed. Mr. Namroud said the Department of Agriculture will have to come in for final approval. But they can stop at any time to make sure the cages are clean, the birds are healthy, etc. They definitely come in annually and he has never failed an inspection. He sees Dr. Pete Sakas at Niles Animal Hospital for any problems the birds might have. Page 3 of 9 Planning and Zoning Board Draft Meeting Minutes June 3, 2019 _________________________________________________________________ _______ Chairman Kanelos asked if Avian Biotech is a licensed veterinarian. Also, for what diseases do they test? Are the birds kept in individual cages? Mr. Namroud said yes, they are licensed. They test for psittacosis, chlamydia, parrot beak and feather disease and some type of virus. [Inadudible] Only the psittacosis is transferable from the bird to the human. He sends the vials to the testing facility in batches. If something were to pop up, he would then retest and send individual samples. As far as cages, it depends on the size of the birds if they are together or in individual cages. Chairman Kanelos asked if Mr. Namroud was familiar with the National Association of State and Public Health Veterinarians Mr. Namroud said he is not. Chairman Kanelos said they have a series of protocols that are devised to prevent the transmission of psittacosis and other diseases. If this request is approved by this Board tonight, would he agree to live up to those standards? For example, how often do you clean the cages? Mr. Namroud said he cleans the cages every day. He described the cleaning agent as a form of F10. He uses corn cob bedding. The bedding is sprayed down to prevent dust from rising when he takes it out of the cage. Commissioner Dubiel said it sounds like you are doing a very good job. He wondered if he was in the store and touched the birds, should he sanitize his hands before leaving. How does he know he does not have a germ? Mr. Namoud said he knows his birds are 100% clean and knows the breeders he deals with for years. He raises these birds from chicks. They are tested, they are clean and healthy. Commissioner Dubiel asked if he would be willing to accept the conditions of no consignment, no boarding if this request is granted. Mr. Namoud said yes he would accept those conditions. At this time, Mr. Namoud was shown a copy of the list of things to follow from the National Association of State and Public Health Veterinarians. He will also receive a copy for his records. Commissioner DeBartolo asked if he was going to be selling only birds, no other animals. Mr. Namroud said yes, only birds. Chairman Kanelos asked if he has necropsies performed on birds that die. Page 4 of 9 Planning and Zoning Board Draft Meeting Minutes June 3, 2019 _________________________________________________________________ _______ Mr. Namroud said yes. He wants to know the cause if they died all of a sudden. Commissioner Dubiel stated to the petitioner he realizes these birds are very expensive and knows they will be safe and well taken care of. They are a big investment. He also asked Mr. Ostman if this is approved there is no further need for [inaudible]. Charles Ostman, Director of Community Development, answered this fits within the category of special uses. Chairman Kanelos said the guidelines for psittacosis prevention from the National Association of State and Public Health Veterinarians must be followed. And Village Attorney Danielle Grcic also recommended the Illinois State Veterinary Medical Association’s guidelines. The Commissioners were discussing the verbiage that will be part of this proposal. It definitely impacts the criteria needed for this special use. At this time the Chairman entertained a motion. Commissioner Dubiel moved to approve bird sales at 7752 N. Milwaukee Avenue. This is case 19-ZP-5 and these are the conditions: 1. A video surveillance system is put in place according to the standards of the Village of Niles Police Department. 2. No consignment sales shall take place at this location. 3. No boarding of birds at this location. 4. The applicant will follow the standards set forth in the National Association of State and Public Health Veterinarians’ psittacosis prevention checklist for pet stores and aviaries as well as any requirements set forth by the Illinois State Veterinary Medical Association. Seconded by Commissioner DeBartolo, on roll call the vote was: AYES: 4 Dubiel, McConville, Karabatsos, DeBartolo NAYS: 0 ABSTAIN: 1 Kanelos ABSENT: 2 Schulter, Nakanishi There being (4) affirmative votes the motion carried. Chairman Kanelos stated this Board is a recommending Board to the Board of Trustees who can either confirm or negate this recommendation. It will be necessary for the petitioner to contact Mr. Ostman and ask to be placed on the Board of Trustees agenda. The petitioner will then be notified of the date and anyone in the audience who would like to be informed of the Board of Trustees date should leave their name and address with the recording secretary. 19-ZP-6 This case number is to be marked VOID Page 5 of 9 Planning and Zoning Board Draft Meeting Minutes June 3, 2019 _________________________________________________________________ _______ 19-ZP-7 – Requesting approval of a special use permit for a ‘Massage Services Establishment’ per Village of Niles Zoning Ordinance Section 8.2 at 7033 N. Milwaukee Avenue doing business as El Spa. Mr. Traub presented this case. This location is in a multi-tenant strip center on Milwaukee Avenue. He has visited the site and the petitioner has provided a floor plan for the Commissioners’ information. There is a lobby, toilet facility, a room to take care of clean towels, a small office area and massage rooms. It is a bit of a distraction to the Comprehensive Plan. The Comp Plan for Milwaukee Avenue talks about maintaining a range of retail and service commercial activities. In viewing this broadly perhaps the drafters of the Comprehensive Plan meant to be as inclusive as possible in including massage businesses. He pointed out this was reviewed by other departments particularly the police and fire departments. There is a concern that other users might arise. The comments are in the packets. There was a review of parking at this site. He indicated this would not be an issue. There are a number of vacancies within the center. A legal notice was published in The Bugle and sent to adjacent businesses and homeowners. The petitioner is here to answer any questions. There were no questions from the Commissioners for Staff. Chairman Kanelos called for the petitioner to come forward. Enkhnasan Lodon, 2745 S. Embers Lane, Arlington Heights, IL 60005, was sworn in at the podium. Her partner is here as well. Niles Investments is the landlord of the proposed space. Chairman Kanelos asked why this is necessary for the public convenience. Is there a shortage of massage businesses in Niles? Ms. Lodon said her former business was located at 8742 Shermer Road in Niles. They had a year by year lease at that location. They were there from January 2017 through September 2018 but now lost their lease. The property has been sold. Their business license expired on April 30, 2019. They need to reapply. Chairman Kanelos asked Mr. Ostman how many massage businesses are in the Village. Mr. Ostman does not have that information at hand. Ms. Lodon said there are no other massage businesses in Harts Plaza. Chairman Kanelos said he knows that but is trying to figure out how many are actually in Niles. Commissioner Dubiel asked Ms. Lodon to verify she had an existing business in Niles that had been approved when it originally opened in 2017. She lost her lease when the center was sold. This is literally an existing Niles business moving from one location to another within the Village. That is zero change in the Page 6 of 9 Planning and Zoning Board Draft Meeting Minutes June 3, 2019 _________________________________________________________________ _______ number of massage parlors. It has been approved before and is not new – just a different location. Ms. Lodon said that is correct. She said they would like to change the name of business now but it is the same ownership. Mr. Ostman verified that they came before this Commission before opening in Niles in 2017. He does not have the exact date. Commissioner Dubiel does not mean to offend Ms. Lodon but asked about public health and safety and one of the concerns with massage parlors is prostitution. How do you prevent this? Ms. Lodon said they have not had a problem. They do background checks and therapists must be licensed. They sign a contract. They had a customer that came in and asked for something inappropriate but she turned him away and said they do not do that. Chairman Kanelos told Mr. Ostman in the future it would be good to know how many massage parlors are in town to determine if it is necessary for the public convenience. Mr. Ostman said yes, in the future he will provide the number of massage establishments so this Board knows how many there are. Chairman Kanelos asked Ms. Lodon when her business on Shermer closed. Ms. Lodon said September 2018. They had opened in January 2017. Commissioner McConville asked if the masseuses hired are licensed by the State of Illinois and what department handles that. Also what types of massages are offered? Ms. Lodon said yes. It is the Department of Professional Regulation. They can check online to verify the applicant is licensed. She and her partner are also licensed. They do Swedish massages, deep tissue, hot stone, and other types. In the future, they would like to include spa massages with hot showers. Commissioner DeBartolo asked how many employees are there. Ms. Lodon said two, just she and her partner. They hope to add a third one as the business progresses. They are both licensed. Chairman Kanelos asked if there were any other questions from the Commissioners or from the public. There were none. He entertained a motion. There was some discussion about the case numbers. It was determined there is no 19-ZP-6 so that number is now void. Page 7 of 9 Planning and Zoning Board Draft Meeting Minutes June 3, 2019 _________________________________________________________________ _______ Commissioner Dubiel moved to approve case 19-ZP-7 for a special use permit for a ‘Massage Services Establishment’ per Village of Niles Zoning Ordinance Section 8.2 at 7033 N. Milwaukee Avenue doing business as El Spa. The condition is that all masseuses are licensed and background checked. Seconded by Commissioner DeBartolo, on roll call the vote was: AYES: 4 Dubiel, McConville, Karabatsos, DeBartolo NAYS: 1 Kanelos ABSENT: 2 Schulter, Nakanishi There being (4) affirmative votes the motion carried. Chairman Kanelos stated this Board is a recommending Board to the Board of Trustees who can either confirm or negate this recommendation. It will be necessary for the petitioner to contact Mr. Ostman and ask to be placed on the Board of Trustees agenda. The petitioner will then be notified of the date and anyone in the audience who would like to be informed of the Board of Trustees date should leave their name and address with the recording secretary. DISCUSSIONS Chairman Kanelos took a moment to honor Angelo ‘Ginger’ Troiani: It is a little self-serving to the Board but I would like to go on record. We had a tremendous Commissioner on this Board for well over thirty years. Most of the Board members served some time with him. He was a tremendous source of corporate history and knowledge. He remembered things incredibly well from twenty and thirty years ago. Those of us who worked with him learned a lot because of his knowledge of the zoning in this Village. We were treated to an endless amount of his sense of humor. He always knew how to bring a light- hearted feel to things. He will be greatly missed. He passed away two weeks ago. The picture on the overhead describes his personality. It shows him with a glass of Chivas in one hand and a Zoning Board cake in the other. The cake was from his thirtieth anniversary on this Zoning Board. On behalf of all the Commissioners here and the people that came before the Zoning Board, I salute Ginger and thank him for all he did for this Village and the people who served with him on this Board. I pray God grant him to rest among the righteous and we always remember him as a good man who loved this city and really loved to have a good time. I do not know if there is a tradition like this or not. Morgan suggested it and we all agreed. We would like to dedicate the conclusion of this meeting to Ginger and I now declare this meeting closed. [Gavel] ADJOURNMENT Chairman Kanelos entertained a motion to adjourn. Commissioner Dubiel moved to adjourn. Page 8 of 9 Planning and Zoning Board Draft Meeting Minutes June 3, 2019 _________________________________________________________________ _______ Seconded by Commissioner DeBartolo, on roll call the vote was: AYES: 5 Dubiel, McConville, Karabatsos, DeBartolo Kanelos NAYS: 0 ABSENT: 2 Schulter, Nakanishi There were five (5) affirmative votes the motion carried. The meeting adjourned at 7:45 p.m. Page 9 of 9