REVISED AGENDA 18, 2020 · All Village Board meetings are broadcast live to residents on Comcast Cable Channel 6, AT&T U-VERSE Channel 99, RCN Channel 49, and online at Lincolnwood.tv

VILLAGE OF LINCOLNWOOD PRESIDENT AND BOARD OF TRUSTEES

REGULAR MEETING VILLAGE HALL COUNCIL CHAMBERS

7:30 PM, MARCH 18, 2020

REVISED

AGENDA I. Call to Order II. Pledge to the Flag III. Roll Call IV. Approval of Minutes

1. Minutes of the Village Board Meeting of January 7, 2020

2. Minutes of the Village Board Meeting of February 18, 2020

V. Warrant Approval 1. Approval of March 18, 2020 Warrants

VI. Village President’s Report VII. Consent Agenda (If anyone wishes to speak to any matter on the Consent Agenda, a Speaker’s

Request Form must be completed, presented to the Village Clerk, and the matter will removed from the Consent Agenda and added to Regular Business)

1. Approval of a Resolution Rejecting all Bids Received for the 2020 Landscaping

Maintenance Contract and Authorizing Staff to Re-Bid the Contract

2. Approval of a Recommendation by the Plan Commission to Adopt an Ordinance Amending Ordinance No. 1988-1801 and Subsequent Ordinances to Permit Additional Uses at 7001 North Central Park Avenue/7080-7100 North McCormick Boulevard

VIII. Regular Business

3. Consideration of a Recommendation by the Plan Commission to Adopt an Ordinance Amending Sections 2.02, 4.11, and 4.12 of the Zoning Ordinance Related to “Impervious Surface” and its Applicability to Front Yard Coverage and Driveway Regulations

4. Consideration of a Recommendation by the Plan Commission to Amend the Zoning Ordinance to Establish the New Use “Dermal Pigmentation Establishment, Permanent” and Permit That Use as a Special Use in the M-B Manufacturing and Business District and B-2 General Business District

5. Consideration of a Recommendation by the Plan Commission to Approve a Special Use for a “Dermal Pigmentation Establishment, Permanent” (Tattoo Parlor) at 3940-46 West Touhy Avenue

6. Consideration of An Ordinance Amending Article 6 of Chapter 5 of the Municipal Code of Lincolnwood Regarding Emergency Management and Disaster Authority, and Consideration of the Extension of Any Emergency Declaration Entered Pursuant to Such Amendment

IX. Manager’s Report 1. Freedom of Information Report

X. Board, Commission, and Committee Reports XI. Village Clerk’s Report XII. Trustee Report XIII. Public Forum XIV. Adjournment

DATE POSTED: March 16, 2020

All Village Board meetings are broadcast live to residents on Comcast Cable Channel 6, AT&T U-VERSE Channel 99, RCN Channel 49, and online at Lincolnwood.tv at 7:30 p.m. Rebroadcasts of Village Board meetings can be viewed one week following the live broadcast at 1:00 p.m. and 7:30 p.m. on cable television or online at lwdtv.org or on the Lincolnwood Mobile App.

VILLAGE OF LINCOLNWOODPRESIDENT AND BOARD OF TRUSTEES


JANUARY 7, 2020

Draft

Call to Order President Bass called the Regular Meeting of the Lincolnwood Board of Trustees to order at 7:38 P.M. Tuesday, January 7, 2020, in the Council Chambers of the Municipal Complex at 6900 N. Lincoln Avenue, Village of Lincolnwood, County of Cook, and State of Illinois.

Pledge to the FlagThe Corporate Authorities and all persons in attendance stood and recited the Pledge of Allegiance.

Roll CallOn roll call by Village Clerk Beryl Herman the following were:PRESENT: President Bass, Trustee Nickell, Trustee Halevi, Trustee Patel, Trustee Sargon, Trustee Klatzco, and Trustee Cope

ABSENT: 0

A quorum was present.

Also, present: Anne Marie Gaura, Village Manager; Chuck Meyer, Assistant Village Manager; Steve Elrod, Village Attorney; Heather McFarland, Assistant to the Village Manager; Jon Bogue, Management Analyst.

Approval of MinutesThe minutes of December 17, 2019 Village Board meeting were presented at the Village Board meeting for Village Board approval. Trustee Nickell made a motion to table the minutes until the next board meeting. Seconded by Trustee Sargon.

Warrant ApprovalTrustee Klatzco presented the warrants in the amount of $2,345,731.80 and moved to approve the warrants. Trustee Klatzco explained that the amount was high due to payment of the contractors working on our capital programs. Warrant amount wasseconded by Trustee Sargon.

Upon roll call the results were: AYES: Trustee Klatzco, Trustee Cope, Trustee Nickell, Trustee Halevi, Trustee Patel, Trustee SargonNAYS: None The motion passed

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President’s Report

District 1860 project groundbreaking will be early Spring 2021 it should be completed. Thank you to those that helped with our Toys for Tots program. Was not the same without Mr. Barbino. Please sign up to the weekly email. Infrustruction improvement on hold.

Consent Agenda If anyone wishes to speak to any matter on the Consent Agenda, a Speaker’s Request Form must be completed, presented to the Village Clerk, and the matter will be removed from the Consent Agenda and added to Regular Business.

1. Approval of an Ordinance Amending Chapters 6 and 17 of the Municipal Code of Lincolnwood and the Amendment of the Annual Fee Resolution Regarding the Regulation of Cannabis and Drug Paraphernalia

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2. Approval of a Recommendation by the Zoning Board of Appeals to Adopt an Ordinance Approving a Variation Related to Driveway Spacing at 6724 North Lawndale Avenue

3. Approval of an Ordinance Repealing Ordinance No. 2019-3436 and Approving Variations Related to Parking Capacity, Parking Lot Landscaping, and Drive Aisle Width for the Appropriately Identified Property Owner at 3300-3310 West Devon Avenue

4.Trustee Klatzco moved to approve the Consent Agenda, the motion was seconded by Trustee Halevi.

Upon Roll Call the results were:AYES: Trustee Klatzco, Trustee Cope, Trustee Nickell, Trustee Halevi, Trustee Patel, Trustee SargonNAYS: None The motion passed

Regular Business

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5. Consideration of a Recommendation by the Zoning Board of Appeals to Adopt an Ordinance Approving Variations Related to Parking Capacity and Parking Lot Landscaping at 3750-3774 West Devon Avenue

Doug HamlinReminder this was taken off the concern from the last board meeting.

• Trustee Halevi – Looked over the blueprints and it looks very nice – the parking lot is not very big for your business that holds 68 people.

• Petitioner – Evening time will be when it is open. Saturday Evening/Sunday brunch and evening are the main times when open, 45 parking spots after the other businesses close.

• Trustee Halevi No parking on Devon and that is pretty full evening and there is also a banquet that may need their parking. There has been no agreement as of yet.

• Trustee Sargon – Have you talked about valet parking? Have you talked to surrounding businesses?

• Petitioner – They will have valet if they need to. There is no high-end dairy that is Kosher in the Chicago area. There is no residential issue. We also gave them very cheap rent in order to make the deal work.

• Petitioner approached Trustee Patel if they needed a parking agreement to park in Trustee’s Patel’s parking spots. Petitioner did not go back to ask for more parking. Trustee Patel is open for some use of the space.

• Trustee Nickell does not like the landscaping • Trustee Cope does not find an issue about the parking and they are trying to

landscape so it is unfair to ask them about that. • Trustee Klatzco there is nothing in your parking lot that is nice• Trustee Patel there really is no way to have landscaping on their property• Trustee Klatzco – What is Kosher Dairy Store?

• Petitioner – We do not have meat and dairy together. If someone wants fish and dairy. There is no meat served. Everything closes between 5 and 6 pm.

Roll call to approve Trustee Klatzco, Trustee Cope, Trustee Nickell, Trustee Halevi, Trustee Patel, Trustee SargonMotion was passed

5 Consideration of a Recommendation by the Zoning Board of Appeals to Adopt an Ordinance Approving Variations Related to a Reduction in the Required Rear Yard Setback and a Waiver of the Required Transition Yard at 4711 West Touhy Avenue

• Mr. Hamell – Motion to continue at the next Board Meeting 1st Trustee Nicholl, 2nd Trustee Klatzco

• Motion was accepted• Trustee Cope if this is a zoning meeting we need to motion to continue to the

next meeting. Roll Call AyesNey NoneTrustee Klatzco, Trustee Cope, Trustee Nickell, Trustee Halevi, Trustee Patel, Trustee Sargon

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6. Consideration of a Recommendation by the Zoning Board of Appeals to Adopt a Reversing a Zoning Officer Determination Related to the Design of a Single-family Residence at 6600 North Kilpatrick Avenue

• Vacant lot right now• Zoning Board of Appeals – Is asking for the design of a 30-ft façade in the

front of the house that will be built on that vacant lot. When the zoning officer reviewed the façade, it was agreed that it was sufficient.

• Appeals and if the Board will approve the original motion. • Petitioner – Julie Jones and ?

• Assessment of the cost was to push the house back further in the lot – may be have a problem to the sewer line if that happens. Asking the Board today if they can move the trail element

• Trustee Nickell Can you concise that will ascetically change the front so it doesn’t look so commercial?

• Trustee Cope – we should approve the zoning board approval and then if they want to make a change, they should apply for the change

• Petitioner $20,000 will be the amount we will have to pay• Trustee Cope I would like to make a motion back to the Zoning Board

• Petioner – we need to make more payments if there is a set bac

• Trustee Patel to approve Trustee Cope secondRoll CallAyes: Trustee Klatzco, Trustee Cope, Trustee Nickell, Trustee Halevi, Trustee Patel, Trustee SargonNays: None

7. Consideration of a Resolution Authorizing Expenditures for the Village’s Iron Chiefs Competition

• Village Assistant Charles Meyer – Expenses for the Village Iron Chefs in the amount of $1600

Roll call to approve the increse of $600Ayes: Trustee Klatzco, Trustee Cope, Trustee Nickell, Trustee Halevi, Trustee Patel, Trustee SargonNays: None

8. Consideration of (A) an Ordinance Repealing Article 17 of Chapter 9 of the Municipal Code of Lincolnwood Regarding Minimum Hourly Wages and (B) an Ordinance Repealing Article 18 of Chapter 9 of the Municipal Code of Lincolnwood Regarding Paid Sick Leave

Trustee Klaszco announced that he is recusing himself from this matter. He stated that because he is one of the largest minimum wage employers in the Village, he

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did not feel that it was appropriate for him to be involved in this matter (Trustee Klaszco has left the meeting room)

Village Assistant Charles Meyer explained the Power Point presentation

o The following business owners have appeared in front of the Board Mr. Brian Adams

o . Please remember that the property taxes are significant. $154K in taxes for the HS, Library, and Schools if they pull their business the money will go away.

Cheryl Axelrodo Physician – business owner and mother, paid sick leave is obvious. We

need to make it easy for people to stay home and go to Dr. appointments. o I cannot raise my prices; it is decided amongst the insurance companies on

what I get as payment.

o . Denise Wang Stowbeck

o Minimum wage has not kept pace with the Federal Poverty line. Please Opt In to the raise in the wage.

Jen Merisho Paid sick days – likes to shop, go out to eat and doesn’t want to worry that

she will get a contagious disease if the employees where she goes is sick because of not sick leave.

Lori Moochao In favor of Opt In for pay raise. Some are forced to be on Employee

Assistance that my tax dollars pay for. Tim Garcia

o From Food for Thought. He needed to let 70 people from his business go. Property taxes, tariffs, and insurance went up. A good employer lets their employees have sick leave.

Trustee Cope read a letter from the Finance Director. In his opinion education is critical, but to force business to raise their wages is wrong. He wants to see our businesses in town thrive.

Trustee Sargon Our staff has addressed this subject over and over again. It is important that employers in town o make sure their employees are healthy. Trustee Sargon noted that not one worker has addressed the Board.

Trustee Nickell – Is not in favor of having the Board make the decision for the business owners.

Trustee Patel – Those that choose to pay the lowest level will get the worst employees; however if the wage is higher, they will get a better employees. Those working in Cook County are making good money.

Trustee Halavi – Favors opting in; but encouraged everyone to please buy local to help the Village of Lincolnwood local businesses

Ray Grossman – Nobody has discussed that the pride of the people of Lincolnwood. He urged the Board to opt In

The following three presentations were made by Trustees Halevi, Sargon and Cope. They have requested that these be placed in the minutes as presented.

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Trustee Halevi:“Everyone who lives in Lincolnwood has been fortunate enough to afford living here. For many it took years of hard work and saving their money. You can’t afford to live here on minimum wage.It’s not right when people can work in Lincolnwood, but not afford to live here. That’s why we’re voting to raise the minimum wage.But this doesn’t stop with a vote. In order for workers in Lincolnwood to receive higher wages, all of us who live here must help local businesses succeed. That means that each of us must patronize Lincolnwood businesses. Every dollar you spend in Lincolnwood helps businesses and their workers.So, try a new restaurant, go to a store you have never been to. Shop local. Help support the business community in Lincolnwood.And, recommend a business to a friend. For example, if you or someone you know is getting married or having a party, consider Food for Thought for catering. If you know of a business who can use quality brass screw machined component parts, recommend R F Mau. Everyone knows someone. Reach out and help make this work.”

Trustee Cope:“I have asked the question repeatedly and have not received any cogent answer: How would Lincolnwood residents benefit from the Village adopting the County Minimum Wage law?I have been told that it will alleviate poverty, but that is obviously not true since the minimum wage laws have been in existence for decades and substantial poverty is still with us.I have been told that it will improve the health of the poor, but that is obviously not true since there is no convincing data linking minimum wage with improved health benefits. Education and lifestyles have far more to do with good health than the minimum wage laws. (Sardinia is one of the healthiest areas in the world)Property values throughout the County have gone down while taxes keep increasing. In some cases people have had to abandon their homes because they could not afford the taxes. Empty stores and abandoned factory buildings are pervasive in Cook County. The Cook County minimum wage law has been in effect since July 1 2017 and there are no tangible benefits. Reducing hours of employment or laying off workers to deal with the County Ordinance is not a benefit to anyone. That was exactly the point raised by Professor Rifkin, the economist who spoke at our December Workshop.Illinois leads the nation in people leaving the state. Illinois has a bad business climate and businesses are choosing other states in which to locate or relocate.The State of Illinois is increasing the minimum wage. The state law applies to all businesses in Illinois and gives our businesses an even playing field in which to operate.Businesses in our community help to reduce the tax burden on our residents. That is how the Village was planned. We need to support this plan. It serves the best interest of our residents.Our business owners have made clear that they are opposed to our adopting the

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County Ordinance. In 2017 the Village Board committed to not adopt or to opt out of the County Ordinance. Some business owners, I am advised, elected to stay in Lincolnwood based on what they saw as a commitment by the Village to support our businesses.Without our businesses there are no jobs. The amount of the minimum wage becomes an empty exercise if businesses close down or if employees are laid off.Small business owners are real people who also struggle to make a living. They put in long hours and take financial risks. They are not the enemy as some advocates seem to suggest. Small businesses employ the majority of workers in this county. Skilled workers and small businesses, in my view, represent the spirit of this country.I believe, we on the Board have an obligation to represent the best interests of the residents and taxpayers of our Village. The businesses in our community are valuable to us. They are valuable to our residents. Maintaining a balance on our real estate taxes is a real goal. We should do what we can to enhance the business climate in our Village and not hurt it.Adopting the County minimum wage hurts our businesses and does not benefit our residents. We should do what we can to encourage business investment in Lincolnwood and we should do what we can to encourage businesses to remain in Lincolnwood.What is being proposed does not serve our residents and I am opposed to it.

Trustee Sargon:“The Cook County Sick Leave and Minimum Wage Ordinance is a complicated issue. There are many stakeholders involved and many who will be impacted by our decision today. We have heard from Lincolnwood residents via referendum, letters, emails and public testimony, we have heard from businesses, experts, advocates, elected officials and others. But there is one group we have not heard from, and that is the workers who would be impacted by the benefits of opting into the County Ordinance. The fact that a worker has not been able to come forth and share their opinion on this issue, speaks volumes.Today my family celebrates Orthodox Christmas and in the spirit of the holidays and all they represent, I choose to vote in favor of those who are most vulnerable and in favor of this community whose voices I have heard loud and clear.Today the Village of Lincolnwood votes its conscience. I ask that my fellow trustees do the right thing by voting to Opt into the Cook County Sick Leave and Minimum Wage Ordinance.With all of that said, I move to Opt into the Cook County Sick Leave and Minimum Wage Ordinance with a delayed effective date of July 1, 2020.

Trustee Sargon suggested that the Board consider the two ordinances separately. She asked that the Sick Leave ordinance be considered first:Trustee Sargon:

Motion by Trustee Sargon to adopt the ordinance Opting In to the Cook County Sick Leave program

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o Second Trustee Patelo AYE – Trustee Nickell, Trustee Patel, Trustee Halevi, and Trustee Sargono NAY – Trustee Copeo Absent – Trustee Klatzco

President Bass announced that the Motion Passed Motion by Trustee Sargon to adopt the ordinance opting in to the Cook County Minimum

Wage programo AYE – Trustee Trustee Patel, Trustee Halevi, and Trustee Sargono NAY – Trustee Cope and Trustee Nickell

Village Attorney Elrod announced that, under Illinois law, the Mayor may vote in the instance when there are three trustees voting in favor of an ordinance.

President Bass voted NAYo Absent – Trustee Klatzco

President Bass announced that the Motion fails.

Manager’s Report

Introduction of Jake

Board and Commissions Report

Trustees Reports

Clerk’s Report

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Public ForumNone

Adjournment At 8:38 P.M. Trustee Patel moved to adjourn the Village Board meeting, seconded by Trustee Cope.

The motion passed by Voice Vote. Respectfully submitted

Beryl Herman Village Clerk

VILLAGE OF LINCOLNWOODPRESIDENT AND BOARD OF TRUSTEES


FEBRUARY 18, 2020

Draft

Call to Order President Bass called the Regular Meeting of the Lincolnwood Board of Trustees to order at 7:40 P.M. Tuesday, February 18, 2020, in the Council Chambers of the Municipal Complex at 6900 N. Lincoln Avenue, Village of Lincolnwood, County of Cook, and State of Illinois.

Pledge to the FlagThe Corporate Authorities and all persons in attendance stood and recited the Pledge of Allegiance.

Roll CallOn roll call by Village Clerk Beryl Herman the following were:PRESENT: President Bass, Trustees all presentABSENT: A quorum was present.

Also present: Anne Marie Gaura, Village Manager; Chuck Meyer, Assistant Village Manager; Steve Elrod, Village Attorney; Heather McFarland, Assistant to the Village Manager; Jon Bogue, Management Analyst; Andrew Letson, Public Works Director; Nadim Badran, Assistant to the Public Works Director; Steve McNellis, Community Development Director; Doug Hammel, Development Manager; Jason Parrott, Police Chief; Katie Lazarra, Recreation Supervisor.

Approval of MinutesThe minutes of December 17, 2019 Village Board meeting were presented for approval.

Trustee Sargon moved to approve the minute of December 17, 2019, seconded by Trustee Klatzco.

The motions was passed by a voice vote.

Warrant ApprovalTrustee Klatzco presented the warrants in the amount of $711,201.04 and moved to approve the warrants, seconded by Trustee Patel.

Upon roll call the results were: AYES: Trustee all ayesNAYS: None The motion passed

President’s Report1. Recognition of Years of Service

Village Manager, Anne Marie Gaura, spoke of the commitment of staff regarding years of service to

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the community.

Public Works Director, Andrew Letson, came forward to recognize John Karras, Laborer, for his 10 years of service.

Police Chief, Jason Parrott, came forward to recognize Lieutenant Jeff Gordon for his 20 years of service and Police Officer, Mike Knapp for his 20 years of service.

Ms. Gaura Recognized Deputy Chief Ray White for 30 years of service in the Fire Department.

Ms. Gaura thanked all the employees being honored for their dedicated service because their commitment truly makes Lincolnwood the great community it is.

President Bass thanked staff that were present at the meeting to receive recognition.

2. Appointment of Archawee Anny Dhamavasi to the Human Relations Commission

Trustee Sargon consented to the appointed, seconded by Trustee Patel. With a unanimous voice vote Archawee Anny Dhamavasi’s appointment was approved.

3. 75th anniversary of the battle of Iwo Jima

President Bass spoke of the anniversary of Iwo Jima and thanked those that served and lost their lives.

4. California to Approve Resolution Apologizing for States Role in Internment of Japanese Americans During World War II

President Bass spoke of the internment of Japanese during World War II and the Resolution that California passed.

5. Black History Month

President Bass spoke of the celebration of African Americans and how they helped shape America and their roll in U.S. history.

6. New Businesses in Lincolnwood

President Bass read of the names of recently opened businesses in Lincolnwood and welcomed them to the Village.

7. President Bass Met with the Corporate Counsel from the Village of Skokie and thank him for the meeting. The meeting was to discuss some commonalities and to further the relationship between the two Villages.

8. Police Simulator Training

President Bass spoke of taking part in the Police simulator training and how nothing is routine in the day of a Police Officer.

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9. President Bass spoke of his meeting with the Northshore Advisory Committee at Northshore Hospital. Highlighted what occurred at the meeting. President Bass talked of inviting a couple of Human Resource Commission members to attend the next meeting as there is a wealth of information obtained at those meetings.

Consent Agenda If anyone wishes to speak to any matter on the Consent Agenda, a Speaker’s Request Form must be completed, presented to the Village Clerk, and the matter will be removed from the Consent Agenda and added to Regular Business.

1. Approval of a Recommendation by the Parks and Recreation Board to Adopt a Resolution to Award a Bid for the Provision of Apparel to As-Wear and Specialty of Texas, Inc. of Houston, Texas

2. Approval of a Resolution Approving the Fifth Amendment to the Contract with Alltown Bus Services, of Skokie, IL for the provision of Summer Bus Transportation for Day Camps and Swim Team

3. Approval of a Recommendation by the Parks and Recreation Board to Adopt an Ordinance Waiving Section 6-3-2(B) Governing Park Hours, Section 9-1-3 Requiring the Issuance of Business Licenses and 6-3-9(I) Prohibiting Gambling Allowing the Friends of Lincolnwood 2015, Inc. to Hold Lincolnwood Fest 2020 on July 23-26, 2020

4. Approval of a Resolution Approving an Engagement Letter for the Village Attorney’s New Law Firm

5. Approval of a Resolution Approving an Amended and Restated Intergovernmental Police Assistance Agreement with the North Regional Major Crime Task Force

6. Approval of an Ordinance Waiving Enforcement of Section 14-14-10 of the Municipal Code to Allow the Village’s Contractor, Reliable Contracting and Equipment Co., Constructing the Water Transmission Main Project, to Work after 6:00 P.M. on Friday, February 21, 2020 and before 7:00 A.M. on Saturday, February 22, 2020

Trustee Klatzco asked about item number 6 and how many businesses will be affected by this and stated he was concerned over the possible loss of money to the businesses. Clarification was made by Mr. Letson stating that there are eight or 10 businesses that would be affected and that the work is being conducted overnight so as not to affect business in the area.Trustee Klatzco moved to approve the Consent with the motion being seconded by Trustee Ikezoe-Halevi.

Upon Roll Call the results were:AYES: Trustees Ikezoe-Halevi, Cope, Patel, Hlepas Nickell, Sargon, KlatzcoNAYS: None

The motion passed

Regular Business7. Consideration of the Following Recommendations by the Plan Commission in Case #PC-10-18,

Related to the Property at 4500-4560 West Touhy Avenue and 7350 North Lincoln Avenue: 1) Approval of a Resolution Amending an Approved Preliminary Development Plan, and 2)

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Approval of an Ordinance Granting a Special Use Permit for a Planned Unit Development for the Hotel Lot in the District 1860 Project

President Bass welcomed Rich Tucker to the meeting.

This item was presented by Steve McNellis, Community Development Director, using PowerPoint. Mr. McNellis gave a brief recap of what occurred at the Plan Commission meeting.

Mr. McNellis gave a background on the project, when the Village Board approved the PUD in November of 2018. Mr. McNellis also spoke of the special Use that was approved in November of 2019.

Mr. McNellis reminded the Village Board that the three previous modifications have been approved by the Plan Commission and then recapped what the three modifications were.

Mr. McNellis stated the Plan Commission held two Public Hearings regarding the development plans and there were no public comments at either meeting.

Mr. McNellis also stated the unified business sign plans were also considered and approved by the Plan Commission.

Mr. McNellis stated that the Resolution covered the three modifications that were approved by the Plan Commission and the Ordinance regarding color wood look fiber cement.

Mr. Paul Eskenazi, Senior Vice President of Operations, First Hospitality Group came forward and made a brief presentation. Mr. Eskenazi asked Mr. Chris Kleehammer of NORR Architects, to come forward and speak of the project. Mr. Kleehammer gave a brief overview of the two proposed hotels, location on the site, location of the drive thru on the site as well as how many rooms each hotel would have and noted that one of the hotels is an extended stay.

Trustee Ikezoe-Halevi asked where the property ends on the north, if landscaping is being reduced to three feet. Mr. McNellis stated there is about three feet from each side for the property line.

Trustee Cope asked how parking would accommodate all of those rooms. Mr. McNellis showed the overall plan and showed the shared parking lot for the site. Mr. McNellis stated they received a parking modification for the site. Mr. McNellis also stated they fall short on parking but the shared parking helps to eliminate that. Mr. McNellis stated they might need to possibly do valet parking for the restaurants. Mr. McNellis stated that Rich Tucker will speak to the parking for the restaurants.

Trustee Hlepas Nickell made a motion to approve both the Resolution and Ordinance, motion seconded by Trustee Klatzco.Trustee Klatzco stated he saw the New Brick in Colorado and it was beautiful.There was further discussion regarding lot size and home size.Upon Roll Call the Results were:AYES: Trustees Klatzco, Sargon, Hlepas Nickell, Patel, Cope, Ikezoe-HaleviNAYS: None

The motion passed.

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Mr. Tucker came forward to say a few words, to say thank the Village Board regarding a project that has been fully approved by the Village. Mr. Tucker spoke of two restaurants that have already signed leases for the site, Fat Rosie’s Taco & Tequila Bar and Fatpour Tap Works. Mr. Tucker stated considering not opening for two years, to have that kind of commitment from the restaurants is prenominal.

Mr. Tucker thanked Mr. McNellis for his professionalism and also thanked Mayor Bass, the Village Board and the Village Attorney for all their assistance in bringing the project to fruition.

8. Consideration of an Amendment to Ordinance No. 2017-3304 to Clarify the Ability of the Owner of 7300 North Cicero Avenue to Restrict Public Parking in Loading Area on the North Side of Chase Avenue

This item was presented by Doug Hammel, Department Manager, using PowerPoint.

Mr. Hammel introduced Ms. Samantha Cothern, management for the property at 7300 North Cicero Avenue, stating she will be speaking following the presentation.

Mr. Hammel recapped about the parking space that needs restrictive parking to allow access to the loading dock. Mr. Hammel also recapped the discussion of this spot with the Village Board at a Committee of the Whole meeting on December 3, 2019.

Mr. Hammel also talked of the public meeting on January 27, 2020 and hearing residents concerns. Mr. Hammel recapped the concerns of the residents from that meeting and what management has agreed to.

Trustee Hlepas Nickell asked the time frame for how long they could idle the truck or unloading of the truck. Mr. Hammel stated there is nothing in the code regarding the idling of the vehicles but the loading/unloading is for 30 minutes.

Mr. Hammel stated the property owner is requesting an amendment to the current Ordinance regarding the parking spot.

Trustee Hlepas Nickell stated she attended the public meeting and the owner was not present, just staff and residents. Trustee Hlepas Nickell also stated an amendment to the Ordinance regarding limited signage, Monday through Friday and Saturday in the a.m. if needed and to include something regarding the idling. Trustee Hlepas Nickell also stated that this item came up because there was a contradiction in the Ordinance between the language and the actual plan and brought back for clarification. Trustee Hlepas Nickell stated originally the loading dock was supposed to be used for storage.

Ms. Cothern stated the loading dock was not used for anything but since then a new tenant came in and they needed access to the loading dock. Trustee Hlepas Nickell highlighted that this use of the loading dock was never part of the original request and that the Village is trying to accommodate but it is still a public right-of-way and take into account the neighbors.

President Bass asked for clarification of hours. Ms. Cothern stated, Monday through Friday, 9-5.

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Trustee Hlepas Nickell asked Ms. Cothern to work with building owner and the Police Department regarding the bus stop for students.

There was further discussion.

Trustee Hlepas Nickell made a motion to approve the Ordinance, with the conditions of limitations of idling, whatever signage for parking for Monday through Friday 9-5, motion was seconded by Trustee Sargon.Upon Roll Call the Results were:AYES: Trustees Ikezoe-Halevi, Cope, Patel, Hlepas Nickell, Sargon, KlatzcoNAYS: None

The motion passed.

9. Consideration of a Recommendation by the Parks and Recreation Boar to Adopt a (A) Resolution Concerning the Issuance of Non-Resident Season Passes to the Proesel Park Family Aquatic Center, and a (B) Resolution Concerning the Issuance of Non-Resident Daily Passes to the Proesel Park Family Aquatic Center for 2020

This item was presented by Andrew Letson, Public Works Director and Acting Parks and Recreation Director, using PowerPoint.

Mr. Letson gave background on the item regarding when it first went to the Park and Recreation Board, then to the Village Board and remanded back to the Park and Recreation Board.

Mr. Letson stated the current non-resident pool pass is set at 2,100 and talked of the facility attendance not reaching capacity.

Mr. Letson stated the Park Board did not want the non-resident cap removed to control overcrowding. Mr. Letson also stated the Park Board expressed concern of overcrowding and to make sure there was access for residents.

Trustee Patel asked if we haven’t reached the limit of 2,100, why would we increase the number to 2,300? Mr. Letson stated that if the rate is reduced for the passes then the goal is to increase the number using the pool to make up the difference in funds.

Mr. Letson stated the total usage depends on the weather. Mr. Letson also stated there was no breakdown of residents and non-residents at the pool at any given time. Mr. Letson stated they do have data showing when the pool has reached capacity.

Trustee Cope asked if the goal to have so many people use the pool on any given day. Mr. Letson stated it is a matter of trying to make the pool self sufficient.

Trustee Klatzco asked how many resident passes do we sell? Mr. Letson stated 1,725 in 2019. Trustee Klatzco asked if there was a way to track those leaving the pool. Katie Lazzar, Recreation Supervisor, stated the current software does not allow scanning of outgoing.

Trustee Hlepas Nickell asked Ms. Lazzara if we ever turn away residents when at capacity on hot days. Ms. Lazzara stated it is usually only for a short amount of time and that if four people leave four

7

people are let in. Ms. Lazzara stated we do not look at who is a resident and who is not. Trustee Hlepas Nickell stated that she is aware that as the pool ages it will become more costly. Trustee Hlepas Nickell stated she wants to make sure residents have control of using the pool.

Trustee Klatzco asked if you don’t monitor going out only going in, how do you know when at capacity? Ms. Lazzara stated by looking at Rectrack and by talking to the lifeguards about their area and if too crowded.

There was further discussion regarding the passes and residents.

Trustee Sargon stated she heard from the Park Board, and that we should reconsider raising the cap for the simple reason we are changing the fee schedule and other issues being addressed with concessions and that if we make too many changes at once we won’t be able to identify what factors have contributed to increases or decreases in revenue, to not increase the cap at this time.

Trustee Patel suggested if the passes go on sale April 4, if the Village sells out the 2,100 then increase it by 50 and increase the fee for those 50.

Trustee Patel also stated that the non-resident passes help subsidize the pool.

Trustee Sargon made a motion to approve the Resolution and Ordinance, motion to second by Trustee Patel, with an understanding that there would be a hold at 2,100 passes and to maintain the current policy.Upon Roll Call the Results were:AYES: Trustees Ikezoe-Halevi, Cope, Patel, Hlepas Nickell, Sargon, KlatzcoNAYS: None

The motion passed. 10. Consideration of an Ordinance Amending Chapter 3 of the Municipal Code of Lincolnwood

Regarding Terms of Office of Village CommissionersThis item was presented by Chuck Meyer, Assistant Village manager.

Trustee Cope asked about a past case against the Village about 25 years ago about removing someone from a Board. Mr. Elrod stated it was a statutorily created Board very different from the Boards that this Ordinance would govern. Mr. Elrod also stated that what the Board is considering tonight has no implications on that case.

Trustee Ikezoe-Halevi asked what is a 12 month period? Mr. Elrod stated it is not by calendar, it is just a 12 month period measured from the first absence.

Trustee Cope asked why have such a rule? Mr. Elrod explained that the Board at a prior Committee of the Whole meeting decided the Mayor should make the call if the person should be removed. This release valve was suggested by the Village Board. Trustee Cope stated that he does not understand why this is being raised. Trustee Patel stated it is an issue where you don’t have a quorum. Trustee Patel also stated absence of continuity has caused a problem for the Boards and Commissions and the Village Board.

8

Trustee Cope asked if something happened to prompt the discussion. Trustee Patel stated terms are being extended and people are not showing up.

Trustee Sargon made a motion to approve the Ordinance, motion to second by Trustee Klatzco.Upon Roll Call the Results were:AYES: Trustees Klatzco, Sargon, Hlepas Nickell, Patel, Cope, Ikezoe-HaleviNAYS: None

The motion passed.

Manager’s ReportNone

Board and Commissions ReportNone

Trustees ReportsTrustee Sargon spoke of the PTA sponsoring a murder mystery event at the Lincolnwood Public Library.

Trustee Sargon also thanked Chief Parrot and Police Officer Jesse Wienski for the simulation training.

Trustee Hlepas Nickell congratulated the Village Board and Staff regarding District 1860.

President Bass gave kudos to Steve McNellis and all his work on the District 1860 Project. President Staff involvement in the preparation was amazing.

Trustee Hlepas Nickell asked how we are getting the information out regarding District 1860. Mr. Meyer stated he is working on the press release that will go out the following day and will be in the newsletter, website and social media. Trustee Hlepas Nickell asked about putting on next store as well.

Trustee Ikezoe-Halevi wanted to thank Mayor Bass for his discussion of the California Resolution regarding Japanese internment camps and also stated how important it is to understand how things spin out of control and people become victimized.

Clerk’s ReportNone

Public ForumNone

AdjournmentAt 9:33 P.M. Trustee Patel moved to adjourn the Village Board meeting, seconded by Trustee Hlepas Nickell.

9

The motion passed by Voice Vote.

Respectfully submitted

Caroline Dick Deputy Village Clerk

TO: President and the Board of Trustees

FROM: Anne Marie Gaura, Village Manager

SUBJECT: Warrant Approval

DATE: March 13, 2020

The following are the totals for the List of Bills being presented at the March 18th Village Board meeting.

03/18/2020 429,197.37 03/18/2020 84,631.83 03/18/2020 149,031.41

Total 662,860.61$

To Be Paid Proof List

03/09/2020 - 10:40AM

jmazzeffi

Printed:

User:

Accounts Payable

Batch: 00200.03.2020

Invoice Number Invoice Date Amount Quantity Payment Date

DescriptionAccount Number

Air One Equipment

AIRONE

153523 672.26 0.00 03/18/20202/19/2020

101-350-512-5430 R&M - Fire & EMS equipmen Fire Equipment

153523 Total: 672.26

Air One Equipment Total: 672.26

Animal Control Specialists

ANIMAL

20-2075 155.00 0.00 03/18/20202/18/2020

101-400-511-5210 Animal control Animal control for residents

20-2075 Total: 155.00

Animal Control Specialists 155.00

Best Quality Cleaning, Inc.

BESTQU

32226 2,813.34 0.00 03/18/20202/20/2020

101-420-511-5240 Janitorial Cleaning services/February 2020

32226 416.66 0.00 03/18/20202/20/2020

205-571-515-5240 Janitorial Cleaning services/February 2020

32226 Total: 3,230.00

AP-To Be Paid Proof List (03/09/2020 - 10:40 AM) Page 1



Best Quality Cleaning, Inc. 3,230.00

Brozville Graphics

BROZVILL

B0086 462.00 0.00 03/18/20202/12/2020

101-350-512-5560 Printing & copying services Envelopes

B0086 Total: 462.00

Brozville Graphics Total: 462.00

C and N Lawnmower Repair

CANDN

11690 78.82 0.00 03/18/20202/25/2020

101-440-513-5730 Program supplies Spark plugs and air filters for Forestry

11690 Total: 78.82

C and N Lawnmower Repa 78.82

Cardconnect

CARDCONN

INV00017906 100.00 0.00 03/18/20202/26/2020

205-500-515-5725 Credit card charges Credit card rental fees 2020

INV00017906 Total: 100.00

Cardconnect Total: 100.00

Chicago Tribune

CHGOTRIB

6597139 22.59 0.00 03/18/20202/5/2020

101-400-511-5510 Advertising Bid for landscape




6597139 Total: 22.59

6599705 98.03 0.00 03/18/20202/13/2020

101-240-517-5510 Advertising Classified listings

6599705 Total: 98.03

Chicago Tribune Total: 120.62

ClientFirst Consulting Group, LLC

CLIENTFI

11021 7,675.00 0.00 03/18/20201/31/2020

101-250-511-5320 Consulting IT Support

11021 Total: 7,675.00

11022 276.25 0.00 03/18/20201/31/2020

101-000-210-2650 Contractor Permits Payable IT Support/CD

11022 Total: 276.25

11023 892.50 0.00 03/18/20201/31/2020

101-250-511-5320 Consulting IT Support/PD

11023 Total: 892.50

11024 585.00 0.00 03/18/20201/31/2020

660-620-519-5320 Consulting IT Support/PW

11024 Total: 585.00

11025 148.75 0.00 03/18/20201/31/2020

101-250-511-5320 Consulting Admin laptops

11025 Total: 148.75

11026 922.50 0.00 03/18/20201/31/2020

101-250-511-5320 Consulting Expungement




11026 Total: 922.50

11027 106.25 0.00 03/18/20201/31/2020

101-250-511-5320 Consulting Fire Dept laptops

11027 Total: 106.25

11028 637.50 0.00 03/18/20201/31/2020

101-250-511-5320 Consulting Monitoring tools

11028 Total: 637.50

11029 230.00 0.00 03/18/20201/31/2020

101-250-511-5320 Consulting Rec Track pool pass

11029 Total: 230.00

11030 1,085.00 0.00 03/18/20201/31/2020

101-250-511-5320 Consulting Strategic Plan

11030 Total: 1,085.00

11031 1,436.25 0.00 03/18/20201/31/2020

101-250-511-6530 Equipment - data processing Village Hall UPS

11031 Total: 1,436.25

11032 467.50 0.00 03/18/20201/31/2020

101-250-511-5590 Training Windows 10 training

11032 Total: 467.50

ClientFirst Consulting Gro 14,462.50

Clifford-Wald

CLIFFORD

IN00112963 463.94 0.00 03/18/20202/25/2020

101-240-517-5700 Office supplies Cartridges for HP printer




IN00112963 Total: 463.94

Clifford-Wald Total: 463.94

Communications Direct Inc

COMDIR

IN1546301 12.53 0.00 03/18/20202/12/2020

101-350-512-6570 Equipment - public safety Carrington Antenna equipment

IN1546301 Total: 12.53

IN156167 339.80 0.00 03/18/20202/12/2020

101-350-512-6570 Equipment - public safety Radio remote dash mount

IN156167 Total: 339.80

Communications Direct Inc 352.33

Cook County Recorder of Deeds

COOKCOUN

351132020 88.00 0.00 03/18/20201/31/2020

101-230-511-5399 Other professional services Recording fees

351132020 Total: 88.00

Cook County Recorder of D 88.00

General Code, LLC

GENERAL

PG000020943 4,434.47 0.00 03/18/20202/14/2020

101-110-511-5550 Ordinance codification Supplement No 47 update to Village Code

PG000020943 Total: 4,434.47

General Code, LLC Total: 4,434.47




Gewalt Hamilton Associates Inc

GEWALT

9232.419-8 979.24 0.00 03/18/20202/24/2020

213-000-561-5340 Engineering Pratt Ave ITEP Bike Lane Phase 2

9232.419-8 Total: 979.24

Gewalt Hamilton Associate 979.24

Global Equipment Company

GLOBALEQ

115616395 920.28 0.00 03/18/20202/26/2020

101-420-511-5405 R&M - buildings Sink faucets for Village Hall bathrooms

115616395 Total: 920.28

Global Equipment Compan 920.28

Golf Mill Ford

GOLFMILL

477421P 185.58 0.00 03/18/20202/21/2020

101-350-512-5480 R&M - vehicles Seat belt for truck

477421P Total: 185.58

477473P 87.07 0.00 03/18/20202/21/2020

205-430-515-5480 R&M - vehicles Links, nuts for Fire Dept

477473P Total: 87.07

477521P 318.66 0.00 03/18/20202/21/2020

205-430-515-5480 R&M - vehicles Arm assembly for Fire Dept

477521P Total: 318.66

Golf Mill Ford Total: 591.31




Groot Recycling & Waste Services

GROOT

5204300 59,838.64 0.00 03/18/20203/1/2020

101-440-514-5230 Garbage & recycling Community pick up

5204300 Total: 59,838.64

5204301 155.52 0.00 03/18/20203/1/2020

101-440-514-5230 Garbage & recycling Library

5204301 Total: 155.52

5204302 760.32 0.00 03/18/20203/1/2020

101-440-514-5230 Garbage & recycling School District 74

5204302 Total: 760.32

5204303 3,338.68 0.00 03/18/20203/1/2020

101-440-514-5230 Garbage & recycling Multi family pick up

5204303 Total: 3,338.68

Groot Recycling & Waste S 64,093.16

Home Depot Credit Services

HOMEDEPO

022520 436.00 0.00 03/18/20202/25/2020

101-350-512-6570 Equipment - public safety Carrington Station materials

022520 Total: 436.00

Home Depot Credit Servic 436.00

Lowe's Business Acc/GECF

LOWES

01370 225.90 0.00 03/18/20202/25/2020

101-420-511-5405 R&M - buildings Cube shelves for VH bathrooms




01370 Total: 225.90

01374 51.18 0.00 03/18/20202/25/2020

101-420-511-5405 R&M - buildings Baskets for VH Bathroom shelves

01374 Total: 51.18

01377 102.36 0.00 03/18/20202/25/2020

101-420-511-5405 R&M - buildings Baskets for VH Bathroom shelves

01377 Total: 102.36

01381 61.41 0.00 03/18/20202/26/2020

101-420-511-5405 R&M - buildings Grout sealer for Village Hall bathroom

01381 Total: 61.41

01382 -61.41 0.00 03/18/20202/26/2020

101-420-511-5405 R&M - buildings Return/mop and grout

01382 Total: -61.41

01383 55.70 0.00 03/18/20202/26/2020

101-420-511-5405 R&M - buildings Grout sealer for Village Hall bathroom

01383 Total: 55.70

02018 81.52 0.00 03/18/20202/25/2020

101-420-511-5405 R&M - buildings Grout for Village Hall bathrooms

02018 Total: 81.52

02079 69.63 0.00 03/18/20202/26/2020

101-420-511-5745 Small Tools Blades for Multi tool

02079 Total: 69.63

02081 52.56 0.00 03/18/20202/26/2020

101-440-513-5730 Program supplies Boards for Dump truck

02081 Total: 52.56




02085 194.33 0.00 03/18/20202/26/2020

101-420-511-5745 Small Tools Replacement multi tool for Bldg Division

02085 Total: 194.33

02493 136.31 0.00 03/18/20201/29/2020

101-420-511-5730 Program supplies Cleaning supplies for Village Hall doors

02493 Total: 136.31

02689 22.72 0.00 03/18/20202/20/2020

101-420-511-5405 R&M - buildings Supplies for bathroom

02689 Total: 22.72

02711 16.04 0.00 03/18/20202/20/2020

101-420-511-5730 Program supplies Pipe fittings for PW generator

02711 Total: 16.04

02717 42.72 0.00 03/18/20202/21/2020


02717 Total: 42.72

02762 81.34 0.00 03/18/20202/21/2020


02762 Total: 81.34

02772 52.82 0.00 03/18/20202/21/2020


02772 Total: 52.82

02779 93.94 0.00 03/18/20202/21/2020


02779 Total: 93.94

02958 25.05 0.00 03/18/20202/24/2020

101-420-511-5405 R&M - buildings Grout blades for bathroom




02958 Total: 25.05

02959 23.20 0.00 03/18/20202/24/2020

101-420-511-5405 R&M - buildings Grout blades for bathroom

02959 Total: 23.20

02991 13.29 0.00 03/18/20202/25/2020

101-420-511-5405 R&M - buildings PVC Cap for Village Hall bathroom

02991 Total: 13.29

03538 -25.05 0.00 03/18/20202/24/2020

101-420-511-5405 R&M - buildings Return

03538 Total: -25.05

06060 4.06 0.00 03/18/20202/21/2020

101-420-511-5730 Program supplies Ant traps for Village Hall

06060 Total: 4.06

17577765 1,355.18 0.00 03/18/20202/24/2020

101-350-512-6570 Equipment - public safety Station supplies

17577765 Total: 1,355.18

7086998 85.94 0.00 03/18/20203/1/2020

101-350-512-5799 Other materials & supplies Station supplies

7086998 Total: 85.94

891195 45.89 0.00 03/18/20202/28/2020


891195 Total: 45.89

Lowe's Business Acc/GEC 2,806.63

MABAS Divison III




MABAS

AD2007 5,000.00 0.00 03/18/20202/1/2020

101-350-512-5540 Intergovernmental fees & dues 2020 Membership dues

AD2007 Total: 5,000.00

MABAS Divison III Total: 5,000.00

Marc Printing

MARCP

112820 387.29 0.00 03/18/20202/5/2020

660-610-519-5720 Postage Window envelopes for water bills

112820 Total: 387.29

112821 272.01 0.00 03/18/20202/5/2020

660-610-519-5720 Postage Return envelopes for water bills

112821 Total: 272.01

Marc Printing Total: 659.30

Meade Electric Company Inc

MEADELEC

691602 481.00 0.00 03/18/20202/24/2020

101-440-513-5290 Street lights & traffic signal Street light repair

691602 Total: 481.00

Meade Electric Company I 481.00

Menini Trucking, Inc.

MENICRT

1483 513.00 0.00 03/18/20202/19/2020

205-430-515-5730 Program supplies Gravel for Bike path




1483 Total: 513.00

Menini Trucking, Inc. Tota 513.00

MGP, Inc.

MGPINC

5122 927.56 0.00 03/18/20201/31/2020

101-250-511-5599 Other contractual GIS Staffing services

5122 927.56 0.00 03/18/20201/31/2020

101-000-210-2650 Contractor Permits Payable GIS Staffing services

5122 1,855.13 0.00 03/18/20201/31/2020


5122 Total: 3,710.25

MGP, Inc. Total: 3,710.25

Midwest Meter Inc

MIDWESTM

0119422-IN 1,717.98 0.00 03/18/20202/25/2020

660-620-519-5796 Water system repair parts Water meters

0119422-IN Total: 1,717.98

Midwest Meter Inc Total: 1,717.98

Paramedic Services of Illinois

PARAMEDI

6179 244,323.99 0.00 03/18/20203/1/2020

101-350-512-5220 Fire protection Services rendered month ended 3/31/2020

6179 Total: 244,323.99

Paramedic Services of Illin 244,323.99




Prieto, Vanessa

PRIETO

022720 55.13 0.00 03/18/20202/27/2020

205-000-210-2430 Parks and Recs Control Deposi Refund Household credit

022720 Total: 55.13

Prieto, Vanessa Total: 55.13

Printwell Printing

PRINTWEL

55356 215.00 0.00 03/18/20202/26/2020

101-440-513-5730 Program supplies Door hangers for Forestry Dept

55356 Total: 215.00

Printwell Printing Total: 215.00

Quinlan Security Systems

QUINLANS

15055 145.00 0.00 03/18/20201/16/2020

101-250-511-5340 Maintenance Agreement Expen Issue with updates going on with systems

15055 Total: 145.00

Quinlan Security Systems T 145.00

Robbins, Salomon & Patt, LTD

RS&PLTD

02112020 1,356.25 0.00 03/18/20202/11/2020

101-230-511-5399 Other professional services January Municipal Prosecution/traffic violations

02112020 1,277.50 0.00 03/18/20202/11/2020

101-230-511-5399 Other professional services January Adjudicative hearings

02112020 Total: 2,633.75




Robbins, Salomon & Patt, 2,633.75

The Sidwell Company

SIDWELL

CT00001688 704.00 0.00 03/18/20202/28/2020

101-250-511-5320 Consulting Business license work for testing in SUPP

CT00001688 Total: 704.00

The Sidwell Company Tota 704.00

Thompson Elevator Inspection Service, Inc.

THOMPSO

20-0590 100.00 0.00 03/18/20202/14/2020

101-240-517-5399 Other professional services Elevator plan review

20-0590 Total: 100.00

Thompson Elevator Inspec 100.00

Traffic Control & Protection

TRAFFICC

103436 1,042.50 0.00 03/18/20202/20/2020

101-440-513-5768 Street materials - signs & bar Pedestrian sign, stop, pin, panels

103436 Total: 1,042.50

103437 4,004.90 0.00 03/18/20202/20/2020

101-440-513-5768 Street materials - signs & bar Signs

103437 Total: 4,004.90

Traffic Control & Protectio 5,047.40

Village of Skokie




VILLSKOK

54246 67,692.75 0.00 03/18/20203/1/2020

101-300-512-5398 911 combined comm. contract March E911 Dispatch services

54246 Total: 67,692.75

Village of Skokie Total: 67,692.75

Warehouse Direct

WAREHOUS

4564499-0 279.00 0.00 03/18/20202/4/2020

205-500-515-5700 Office supplies Office supplies

4564499-0 Total: 279.00

4568718-0 136.02 0.00 03/18/20202/4/2020

101-300-512-5730 Program supplies Office supplies

4568718-0 Total: 136.02

4573355-0 161.04 0.00 03/18/20202/6/2020


4573355-0 Total: 161.04

4573356-0 592.03 0.00 03/18/20202/6/2020

101-200-511-5799 Other materials & supplies Office supplies

4573356-0 Total: 592.03

4573357-0 81.53 0.00 03/18/20202/6/2020


4573357-0 Total: 81.53

4573358-0 114.51 0.00 03/18/20202/6/2020


4573358-0 Total: 114.51

4573377-0 145.86 0.00 03/18/20202/6/2020





4573377-0 Total: 145.86

4582048-0 173.69 0.00 03/18/20202/14/2020


4582048-0 Total: 173.69

Warehouse Direct Total: 1,683.68

Western First Aid and Safety

WESTERN

ORD6-001847 68.58 0.00 03/18/20202/21/2020

101-400-511-5730 Program supplies First aid refills

ORD6-001847 Total: 68.58

Western First Aid and Safe 68.58

Report Total: 429,197.37



03/09/2020 - 10:40AM

jmazzeffi

Printed:

User:

Accounts Payable

Batch: 00201.03.2020



Aclara Technologies

ACLARA

20100907 12,751.00 0.00 03/18/20202/26/2020

660-610-519-5340 Maintenance Agreement Expen Maintenance renewals

20100907 Total: 12,751.00

Aclara Technologies Total: 12,751.00

Anderson Pest Solutions

ANDERP

5543008 292.06 0.00 03/18/20203/1/2020

101-420-511-5405 R&M - buildings Pest control for all Village Depts

5543008 Total: 292.06

Anderson Pest Solutions To 292.06

Baxter & Woodman Consulting Engineers

BAXTER&W

0211788 2,831.75 0.00 03/18/20202/21/2020

660-620-519-5320 Consulting Water pumping station assessment progress

0211788 Total: 2,831.75

Baxter & Woodman Consu 2,831.75




Blue to Gold Law Enforcement Training, LLC

BLUETOGO

SKO-IGS000Z 349.00 0.00 03/18/20202/27/2020

101-300-512-5590 Training Advanced Search & Seizure Training & Materials

SKO-IGS000Z Total: 349.00

Blue to Gold Law Enforcem 349.00

Builders Asphalt

BUILDERS

56345 14,280.00 0.00 03/18/20202/19/2020

660-620-562-6401 Water Transmission Improveme Transmission Main Project Site Security

56345 Total: 14,280.00

Builders Asphalt Total: 14,280.00

Cassidy Tire

CASSIDYT

908000060 144.67 0.00 03/18/20201/6/2020

101-300-512-5480 R&M - vehicles Tires for Squad

908000060 Total: 144.67

908000239 144.67 0.00 03/18/20201/17/2020


908000239 Total: 144.67

908000759 144.67 0.00 03/18/20202/26/2020


908000759 Total: 144.67

908000762 73.75 0.00 03/18/20202/21/2020





908000762 Total: 73.75

908000767 144.67 0.00 03/18/20202/26/2020


908000767 Total: 144.67

908000789 141.67 0.00 03/18/20202/27/2020


908000789 Total: 141.67

Cassidy Tire Total: 794.10

Emcor Services Team Mechanical Inc

EMCOR

930018196 519.07 0.00 03/18/20202/25/2020

101-420-511-5405 R&M - buildings Repairs at compressor for Fire Dept

930018196 Total: 519.07

930018202 648.00 0.00 03/18/20202/25/2020

101-420-511-5405 R&M - buildings Lift rental

930018202 Total: 648.00

Emcor Services Team Mec 1,167.07

ESRI

ESRI

93775869 2,302.88 0.00 03/18/20201/31/2020

101-250-511-5340 Maintenance Agreement Expen ARcGIS Maintnenance and license

93775869 2,302.87 0.00 03/18/20201/31/2020

660-610-519-5340 Maintenance Agreement Expen ARcGIS Maintnenance and license

93775869 Total: 4,605.75




ESRI Total: 4,605.75

EverLights

EVERLIG

048851-IN 932.42 0.00 03/18/20202/24/2020

205-430-515-5730 Program supplies Lights for Touhy Overpass

048851-IN -61.00 0.00 03/18/20202/24/2020

205-430-515-5730 Program supplies Credit

048851-IN Total: 871.42

EverLights Total: 871.42

Falson, Patrick

FALSONPA

REIM031620PFM 75.00 0.00 03/18/20203/16/2020

101-300-512-5840 Meals Training/Meals

REIM031620PFM Total: 75.00

Falson, Patrick Total: 75.00

Galls Incorporated

GALLS

015000955 106.98 0.00 03/18/20202/12/2020

101-300-512-5070 Uniform allowance Misc uniform items

015000955 Total: 106.98

015117037 184.92 0.00 03/18/20202/26/2020

101-300-512-5070 Uniform allowance Misc uniform items

015117037 Total: 184.92

Galls Incorporated Total: 291.90




Gewalt Hamilton Associates Inc

GEWALT

9232.412-11 360.37 0.00 03/18/20202/21/2020

217-000-561-5340 Engineering Devon Street Lighting Construction oversight

9232.412-11 3,861.10 0.00 03/18/20202/21/2020

212-000-511-5320 Consulting Devon Street Lighting Construction oversight

9232.412-11 926.66 0.00 03/18/20202/21/2020

220-000-511-5340 Engineering Devon Street Lighting Construction oversight

9232.412-11 Total: 5,148.13

Gewalt Hamilton Associate 5,148.13

Graham C-Stores Company

GRAHAM

INV-128488 625.00 0.00 03/18/20203/3/2020

101-300-512-5480 R&M - vehicles Car washes/PD

INV-128488 Total: 625.00

Graham C-Stores Company 625.00

Illinois Association of Property & Evidence Mgrs

ILLASSN

57580 35.00 0.00 03/18/202012/21/2019

101-300-512-5570 Professional associations Membership

57580 Total: 35.00

Illinois Association of Prop 35.00

JG Uniforms Inc

JGUNIFOR

69045 795.00 0.00 03/18/20202/18/2020

101-300-512-5070 Uniform allowance Safety vest




69045 Total: 795.00

69046 795.00 0.00 03/18/20202/18/2020

101-300-512-5070 Uniform allowance Safety vest

69046 Total: 795.00

JG Uniforms Inc Total: 1,590.00

Joseph, Adrian

JOSEPHAD

03042020 215.00 0.00 03/18/20203/4/2020

205-000-210-2430 Parks and Recs Control Deposi Refund/Youth Program

03042020 Total: 215.00

Joseph, Adrian Total: 215.00

Kalomas, Joseph

KALOMAS

3102020 100.00 0.00 03/18/20203/10/2020

101-200-511-5599 Other contractual Speaker/Coffee with the Clergy

3102020 Total: 100.00

Kalomas, Joseph Total: 100.00

Lowe's Business Acc/GECF

LOWES

02105 145.09 0.00 03/18/20202/27/2020

101-420-511-5405 R&M - buildings Supplies for VH bathroom

02105 Total: 145.09

02128 70.15 0.00 03/18/20202/27/2020

101-420-511-5730 Program supplies Extension cord for PW




02128 Total: 70.15

02129 -70.15 0.00 03/18/20202/27/2020

101-420-511-5730 Program supplies Return

02129 Total: -70.15

02130 63.63 0.00 03/18/20202/27/2020

101-420-511-5730 Program supplies Extension cord for PW

02130 Total: 63.63

02133 16.14 0.00 03/18/20202/27/2020

101-420-511-5405 R&M - buildings Plumbing parts for VH bathroom

02133 Total: 16.14

02145 65.65 0.00 03/18/20202/27/2020


02145 Total: 65.65

02150 17.82 0.00 03/18/20202/27/2020


02150 Total: 17.82

02174 30.90 0.00 03/18/20202/28/2020


02174 Total: 30.90

02189 18.09 0.00 03/18/20202/28/2020

101-420-511-5405 R&M - buildings Mop for VH bathroom

02189 Total: 18.09

09111 9.47 0.00 03/18/20202/28/2020

101-420-511-5405 R&M - buildings Propane and screws for PW generator

09111 Total: 9.47




17339354 219.94 0.00 03/18/20203/4/2020


17339354 Total: 219.94

Lowe's Business Acc/GEC 586.73

Maine-Niles Association of Special Recreation

MNASR

16-799 29,758.00 0.00 03/18/20202/21/2020

205-580-515-5270 Purchased program services General Contribution for 2020/1st Quarter

16-799 Total: 29,758.00

Maine-Niles Association o 29,758.00

MGP, Inc.

MGPINC

5123 927.56 0.00 03/18/20202/29/2020


5123 927.56 0.00 03/18/20202/29/2020

101-000-210-2650 Contractor Permits Payable GIS Staffing services

5123 1,855.13 0.00 03/18/20202/29/2020


5123 Total: 3,710.25

MGP, Inc. Total: 3,710.25

Mid American Water of Wauconda, Inc.

MIDAMER

226291W 730.10 0.00 03/18/20202/20/2020

205-430-515-5730 Program supplies PVC pipe for Volleyball Court

226291W Total: 730.10




Mid American Water of Wa 730.10

Ray O'Herron Inc

RAYOHERR

2010869-IN 908.00 0.00 03/18/20202/21/2020

101-300-512-5610 Ammunition & range supplies Simunition Glock pistols for range training

2010869-IN Total: 908.00

Ray O'Herron Inc Total: 908.00

Sherwin Williams Co

SHERWINW

3176-3 -2.58 0.00 03/18/20202/20/2020

101-420-511-5405 R&M - buildings Refund

3176-3 Total: -2.58

3177-1 -36.83 0.00 03/18/20202/20/2020

101-420-511-5405 R&M - buildings Refund

3177-1 Total: -36.83

5424-1 396.13 0.00 03/18/20202/18/2020

101-420-511-5405 R&M - buildings Paint for Village Hall bathrooms

5424-1 Total: 396.13

5425-8 27.78 0.00 03/18/20202/18/2020

101-420-511-5405 R&M - buildings Brushes for Village Hall bathrooms

5425-8 Total: 27.78

Sherwin Williams Co Total 384.50

Suburban Laboratories, Inc.

SUBURB




174167 110.00 0.00 03/18/20202/28/2020

660-620-519-5320 Consulting Coliform and lead testing

174167 Total: 110.00

Suburban Laboratories, Inc 110.00

Swid Sales Corp

SWIDSALE

29289 599.44 0.00 03/18/20202/27/2020

101-420-511-5405 R&M - buildings Battery for Generators

29289 Total: 599.44

Swid Sales Corp Total: 599.44

Thyssenkrupp Elevator Corp

THYSSENK

3005112212 595.06 0.00 03/18/20203/1/2020

101-420-511-5405 R&M - buildings PD elevator maintenance contract

3005112212 Total: 595.06

Thyssenkrupp Elevator Co 595.06

Today's Uniforms

TODAYS

184975 298.65 0.00 03/18/20202/26/2020

101-300-512-5730 Program supplies NORTAF uniforms for personnel

184975 Total: 298.65

Today's Uniforms Total: 298.65

TransUnion Risk and Alternative




TRANSUN

556811030120 78.80 0.00 03/18/20203/1/2020

101-300-512-5399 Other professional services Online investigative database system

556811030120 Total: 78.80

TransUnion Risk and Alter 78.80

Weill, Rabbi Jeffrey

WEILLRA

3102020 100.00 0.00 03/18/20203/10/2020

101-200-511-5599 Other contractual Speaker/Coffee with the Clergy

3102020 Total: 100.00

Weill, Rabbi Jeffrey Total: 100.00

Work' N Gear, LLC

WRKNGEAR

HA126071 159.90 0.00 03/18/20202/17/2020

101-440-513-5070 Uniform allowance Clothing allowance

HA126071 Total: 159.90

HA126072 348.36 0.00 03/18/20202/17/2020


HA126072 Total: 348.36

HA126383 241.86 0.00 03/18/20202/26/2020


HA126383 Total: 241.86

Work' N Gear, LLC Total: 750.12







03/09/2020 - 10:41AM

jmazzeffi

Printed:

User:

Accounts Payable

Batch: 00202.03.2020



7250 N. Cicero, LLC

7250NCIC

148797 12,226.50 0.00 03/18/202011/15/2019

452-000-561-6350 PEP Fund PEP/GIFT Grants

148797 Total: 12,226.50

7250 N. Cicero, LLC Total 12,226.50

Amazon

AMAZON

433889336388 155.00 0.00 03/18/20201/31/2020

101-250-511-5640 Computer supplies Mini Converter

433889336388 Total: 155.00

436496597879 39.00 0.00 03/18/20202/1/2020

101-300-512-5480 R&M - vehicles Battery disconnect

436496597879 Total: 39.00

464383536859 4.39 0.00 03/18/20201/13/2020

101-200-511-5700 Office supplies Staples

464383536859 Total: 4.39

543644777965 230.00 0.00 03/18/20202/5/2020

101-440-513-5730 Program supplies Rat Bait

543644777965 Total: 230.00




654867394935 108.99 0.00 03/18/20201/15/2020

101-350-512-5700 Office supplies Office chair

654867394935 Total: 108.99

699796439964 25.91 0.00 03/18/20202/5/2020

101-210-511-5700 Office supplies Storage Box

699796439964 Total: 25.91

736897737335 35.20 0.00 03/18/20201/14/2020

101-200-511-5799 Other materials & supplies Plates

736897737335 Total: 35.20

758554746444 15.54 0.00 03/18/20202/4/2020

101-350-512-5799 Other materials & supplies Sticker Signs

758554746444 Total: 15.54

759678338474 296.01 0.00 03/18/20202/3/2020

660-620-519-5730 Program supplies Shut off tool

759678338474 Total: 296.01

767558666358 10.73 0.00 03/18/20201/23/2020

101-100-511-5799 Other materials & supplies Napkins for Village Board

767558666358 Total: 10.73

77778894385 214.68 0.00 03/18/20201/13/2020

101-200-511-5700 Office supplies Monitors

77778894385 Total: 214.68

785734795853 20.87 0.00 03/18/20202/7/2020

101-350-512-5700 Office supplies Labels

785734795853 Total: 20.87

793448537458 65.46 0.00 03/18/20201/25/2020

101-300-512-5640 Computer supplies Adaptor




793448537458 Total: 65.46

855649356833 30.91 0.00 03/18/20201/20/2020

101-300-512-5480 R&M - vehicles Tire inflator hose

855649356833 Total: 30.91

856776535733 50.72 0.00 03/18/20201/31/2020

101-250-511-5640 Computer supplies SDI Cable

856776535733 Total: 50.72

893937594384 43.78 0.00 03/18/20201/22/2020

101-200-511-5799 Other materials & supplies Coffee supplies

893937594384 Total: 43.78

936656874995 11.58 0.00 03/18/20202/3/2020

101-250-511-5640 Computer supplies USB Flash

936656874995 Total: 11.58

966389934857 231.98 0.00 03/18/20201/19/2020

101-300-512-5730 Program supplies Tablecovers for Iron Chief

966389934857 Total: 231.98

973973598737 146.00 0.00 03/18/20201/22/2020

101-200-511-5799 Other materials & supplies Coffee maker

973973598737 23.07 0.00 03/18/20201/23/2020

101-100-511-5799 Other materials & supplies Plates for Village Board

973973598737 Total: 169.07

983975973636 266.87 0.00 03/18/20201/25/2020

101-350-512-5620 Books & publications Code books

983975973636 Total: 266.87

994443667748 109.99 0.00 03/18/20201/29/2020

660-620-519-5480 R&M - vehicles PW Bucket teeth




994443667748 Total: 109.99

Amazon Total: 2,136.68

Blue Cross and Blue Shield of IL

BLUECRBL

March 2020 1,736.99 0.00 03/18/20202/14/2020

102-000-210-2027 Health insurance premium with Employee Health Insurance/March

March 2020 Total: 1,736.99

Blue Cross and Blue Shield 1,736.99

Brennan, James

BRENNANJ

8/28/2019 160.02 0.00 03/18/20208/28/2019

205-000-110-1010 Payroll Chkg Acct-BOL Replace payroll check

8/28/2019 Total: 160.02

Brennan, James Total: 160.02

Eterno Attorney at Law, David

ETERNO

12526 37.50 0.00 03/18/20203/2/2020

101-230-511-5399 Other professional services Off Site Docket Review 2/24/2020

12526 375.00 0.00 03/18/20203/2/2020

101-230-511-5399 Other professional services On Site Hearings 02/25/2020

12526 Total: 412.50

Eterno Attorney at Law, D 412.50

First Advantage Occ Health Svcs




FIRSTADV

01/31/2020 97.53 0.00 03/18/20201/31/2020

101-200-511-5599 Other contractual Drug test

01/31/2020 Total: 97.53

First Advantage Occ Health 97.53

General Code, LLC

GENERAL

GC0109626 995.00 0.00 03/18/20203/1/2020

101-110-511-5550 Ordinance codification E-Code annual maintenance fee

GC0109626 Total: 995.00

General Code, LLC Total: 995.00

Impact Networking, LLC

IMPACT

1699950 81.50 0.00 03/18/20202/11/2020

101-210-511-5440 R&M - office equipment Shipping fees/Admin

1699950 Total: 81.50

1721308 239.92 0.00 03/18/20203/28/2020

205-500-515-5440 R&M - office equipment Paper

1721308 Total: 239.92

1728365 19.50 0.00 03/18/20203/3/2020

205-500-515-5440 R&M - office equipment Copier/Parks

1728365 Total: 19.50

Impact Networking, LLC T 340.92

LocalGovNews.Org




LOCALG

5082020 1,200.00 0.00 03/18/20203/1/2020

101-200-511-5620 Books & publications Membership to LocalGov News

5082020 Total: 1,200.00

LocalGovNews.Org Total: 1,200.00

Malnati Organization

MALNATI

742220 180.45 0.00 03/18/20203/3/2020

101-100-511-5840 Meals Village Board Meeting 3/3/2020

742220 Total: 180.45

Malnati Organization Total 180.45

North Suburban Employee Benefit

NSEBENEF

Feb 2020 129,338.64 0.00 03/18/20203/2/2020

102-000-210-2027 Health insurance premium with PPO North Suburban Cooperative

Feb 2020 Total: 129,338.64

North Suburban Employee 129,338.64

Romero, Federico

ROMERFED

030520 206.18 0.00 03/18/20203/5/2020

102-000-210-2034 Other voluntary withholding Employee benefit reimbursement

030520 Total: 206.18

Romero, Federico Total: 206.18






REFERRED TO BOARD: March 18, 2020 AGENDA ITEM NO: 1

ORIGINATING DEPARTMENT: Public Works

SUBJECT: Approval of a Resolution Rejecting all Bids Received for the 2020 Landscaping Maintenance Contract and Authorizing Staff to Re-Bid the Contract

SUMMARY AND BACKGROUND OF SUBJECT MATTER: On February 5, 2020, a request for proposals for the 2020 Landscape Maintenance Contract was released to prospective bidders. The scope of the contract includes the landscape maintenance of various locations around the Village including the medians along Lincoln, Touhy, Crawford, and Greenleaf Avenues, the Aquatic Center, areas of Proesel Park, the Touhy Avenue Overpass, Cicero Avenue Parkways, Touhy/Crawford Parking Lot, and the and the Union Pacific Bike Path and Parking Lot. The request for proposals was delivered to ten firms and published in the Lincolnwood Review.

On February 25, 2020, three bids were received and publicly opened. The breakdown of bid prices can be found in the table below.

Vendor Bid PriceFleck’s Landscaping $26,393Andy Polina & Sons $74,613

Greenlawn Landscaping $109,427

Fleck’s Landscaping of Wheeling, Illinois, which served as the Village’s contractor in 2019, was the lowest bid. As part of the bid process, bidders were required to submit a bid security in the form of a cashier’s or certified check. Fleck’s Landscaping failed to submit a bid security with their bid, and therefore it cannot be accepted as they did not meet the criteria set forth in the bid process. The next lowest bid, Andy Polina and Sons, is approximately $48,000 higher than the low bid and approximately $14,000 higher than the proposed FY 2021 Landscape Maintenance Budget. Based on the reasons listed herein, staff is requesting the Village Board reject all bids and authorize staff to re-bid the contract.

FINANCIAL IMPACT:The proposed FY 2021 includes $50,000 for Landscape Maintenance services split across three funds: Public Works Street Maintenance - $30,000, Public Works Building Maintenance - $10,000, and Aquatic Center - $10,000.

VILLAGE ATTORNEY REVIEW: The Village Attorney has drafted the attached Resolution.

DOCUMENTS ATTACHED: 1. Proposed Resolution

Request For Board Action

RECOMMENDED MOTION:Move to approve a Resolution rejecting all bids received for the 2020 Landscape Maintenance Contract and authorizing staff to re-bid the contract.

#48169750_v1

VILLAGE OF LINCOLNWOOD

RESOLUTION NO. R2020-__________

A RESOLUTION REJECTING THE BIDS RECEIVED FORA CONTRACT FOR LANDSCAPE MAINTENANCE

WHEREAS, the Village sought bids for the award of a contract for landscape maintenance of various locations throughout the Village (“Contract”); and

WHEREAS, the Village received three sealed bids for the Contract; and

WHEREAS, the lowest bidder for the Contract failed to conform its bid to the bid requirements, and the two other bids were both for prices in excess of the budgeted amount for the Contract; and

WHEREAS, upon investigation, Village Staff has determined that the Village is likely to receive numerous additional bids for the Contract by rejecting the three submitted bids for the Contract and re-bidding the Contract; and

WHEREAS, the Village President and Board of Trustees have determined that it will serve and be in the best interests of the Village to reject the submitted bids for the Contract;

NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LINCOLNWOOD, COOK COUNTY, ILLINOIS, as follows:

SECTION 1. RECITALS. The facts and statements contained in the preamble to this Resolution are found to be true and correct and are hereby adopted as part of this Resolution.

SECTION 2. REJECTION OF ALL BIDS RECEIVED. The bids received for the Contract are hereby declared to be unacceptable and is rejected.

SECTION 3. EFFECTIVE DATE. This Resolution will be in full force and effect from and after its passage and approval as provided by law.

[SIGNATURE PAGE FOLLOWS]

#48169750_v1

PASSED this ___ day of ______________, 2020.

AYES: ______

NAYS:

ABSENT:

ABSTENTION:

APPROVED by me this _____ day of ____________, 2020.

_______________________________________Barry I. Bass, PresidentVillage of Lincolnwood, Cook County, Illinois

ATTESTED and FILED in my office this_____ day of _________, 2020

Beryl Herman, Village ClerkVillage of Lincolnwood, Cook County, Illinois


ORIGINATING DEPARTMENT: Community Development

SUBJECT: Approval of a Recommendation by the Plan Commission to Adopt an Ordinance Amending Ordinance No. 1988-1801 and Subsequent Ordinances to Permit Additional Uses at 7001 North Central Park Avenue/7080-7100 North McCormick Boulevard

SUMMARY AND BACKGROUND OF SUBJECT MATTER: Chris Boutros, on behalf of New Lincoln LLC, Property Owner of 7001 North Central Park Avenue/7080-7100 North McCormick Boulevard (commonly known as the “Town Center Warehouse”), requests an Amendment to the Ordinances governing the property as a Planned Unit Development (PUD) and restricting the property to certain permitted uses. According to the Petitioner’s application, the intent of the request is to invigorate the property by expanding the range of permitted uses to include warehousing, distribution, entertainment, health and fitness, and exhibition.

The subject property is approximately 358,500 square feet (approximately 8.23 acres) in area and includes a structure with approximately 230,000 square feet of interior space. The building has historically been used for light industry or light manufacturing, and is surrounded by industrial properties to the north and west, auto dealer inventory lots and a vacant parcel to the south, and the Town Center Mall and Lincolnwood Place senior housing center to the east.

The use of the property is governed by the following Ordinances: Ordinance No. 1988-1801 established a PUD that includes the subject property, more commonly known as

the Town Center Warehouse. Ordinance No. 1990-1901 authorized the Town Center Warehouse to be used for “new car delivery and

preparation; heavier repair jobs; a body repair paint shop in the northeast portion of the building; andindoor storage of cars.”

Ordinance No. 1992-2016 authorized the subleasing of approximately 27,000 square feet of the warehouseto be leased to Bell & Howell for machinery repair;

Ordinance No. 1992-2027 authorized the subleasing of approximately 72,000 square feet of the warehouseto be leased to Grossinger for the storage of files and forms.

Ordinance No. 1998-2393 authorized the manufacturing of artificial fire logs and reserved 100 parkingspaces for that tenant.

Ordinance No. 2015-3181 authorized the leasing of approximately 24,000 square feet of the warehouse fora brewery, beer packaging facility, and tap room.

Requested Approval


The Petitioner seeks approval to use the property for warehousing, distribution, entertainment, health and fitness, and exhibition activities. While the Ordinances summarized above permitted uses that entailed warehousing and distribution activities, the Ordinances in no way provide for uses related to entertainment, health and fitness, and exhibition. Therefore, an Ordinance amending these previous Ordinances is required.

March 4, 2020 Plan Commission Public HearingThe Plan Commission held a public hearing related to this request during its March 4, 2020 regular meeting. During the hearing, the Commission discussed the following considerations:

The Petitioner’s request sought approval for “warehousing, distribution, entertainment, health and fitness, and exhibition” uses. However, staff recommended that the approval consider uses already defined in the Zoning Ordinance in order to support a more clear and consistent interpretation of uses. Staff recommended, and the petitioner agreed, that any approvals should reflect the following defined uses that accommodate the nature of his request:

o Warehouseo Manufacturing, lighto Entertainment venueo Commercial recreation facilityo Health club, ando Art gallery.

The majority of the discussion related to the availability of on-site parking. The property currently has 199 parking spaces, which is 19 spaces short of its zoning requirement of 218 spaces if the building were fully occupied with industrial uses. The property utilizes an additional 83 spaces immediately east of the building, but those spaces are owned and controlled by the Town Center Mall. Staff stated that, as new tenants submit applications for Business Licenses, a zoning review would be conducted to ensure that the total parking requirement, at that point in time, as determined by the active uses at the property, is met by the supply of parking on the property as dictated by the Zoning Ordinance. If a new use results in a lack of parking, the Petitioner would either have to secure additional parking or seek relief from the parking requirement.

Staff noted that a portion of the parking lot on the north side of the building is gated off and is exclusively accessible to one tenant. It was clarified that such parking would not be taken into account when determining the total parking supply as it relates to future tenants in other portions of the building. Following the Plan Commission meeting, staff confirmed that the Petitioner understands this approach.

At the end of the discussion, the Plan Commission unanimously approved a motion recommending approval of the Petitioner’s request as stated in the staff report.

199 On-siteParkingSpaces

83 Off-siteParkingSpaces

FINANCIAL IMPACT: None

VILLAGE ATTORNEY REVIEW:The Village Attorney was in attendance at the March 4, 2020 Plan Commission public hearing, and provided guidance as needed regarding the Planned Unit Development and regulatory context. The Village Attorney also drafted the proposed Ordinance attached to this report.

DOCUMENTS ATTACHED: 1. Proposed Ordinance2. March 4, 2020 Plan Commission Meeting Minutes Excerpt (Draft)3. March 4, 2020 Plan Commission Meeting Staff Report4. Special Use and PUD Application5. Property Plat of Survey6. Property Floor Plan7. Relevant Excerpts from Ordinance No. 1988-18018. Relevant Excerpts from Ordinance No. 1990-19019. Relevant Excerpts from Ordinance No. 1992-201610. Relevant Excerpts from Ordinance No. 1992-202711. Relevant Excerpts from Ordinance No. 1998-239312. Relevant Excerpts from Ordinance No. 2015-318113. Relevant Regulations

RECOMMENDED MOTION: Move to approve an Ordinance amending Ordinance No. 1988-1801 and subsequent Ordinances to permit additional Uses at 7001 North Central Park Avenue/7080-7100 North McCormick Boulevard.


ORDINANCE NO. 2020-____

AN ORDINANCE APPROVING AN AMENDMENT TOTHE LINCOLNWOOD TOWN CENTER PLANNED UNIT DEVELOPMENT

(7001 North Central Park Avenue and 7080-7100 North McCormick Boulevard)

ADOPTED BY THEPRESIDENT AND BOARD OF TRUSTEESOF THE VILLAGE OF LINCOLNWOODTHIS ______ DAY OF MARCH, 2020.

Published in pamphlet formby the authority of thePresident and Board of Trusteesof the Village of Lincolnwood, Cook County, Illinois this day of , 2020

_________________________Village Clerk

AN ORDINANCE APPROVING AN AMENDMENT TOTHE LINCOLNWOOD TOWN CENTER PLANNED UNIT DEVELOPMENT

(7001 North Central Park Avenue and 7080-7100 North McCormick Boulevard)

WHEREAS, New Lincoln LLC ("Owner") is the record title owner of that certain parcel of real property consisting of approximately four acres, located at the address commonly known as 7001 North Central Park Avenue and 7080-7100 North McCormick Boulevard, Lincolnwood, Illinois, and legally described in Exhibit A attached to and, by this reference, made a part of this Ordinance ("Property"); and

WHEREAS, the Property is improved with an approximately 229,540-square-foot building previously used for light industrial and commercial purposes (“Building”); and

WHEREAS, on March 3, 1988, the Village President and Board of Trustees adopted Ordinance No. 88-1801, approving the development of the Property and other nearby properties as a planned unit development for use as a shopping mall and other retail, commercial, and light industrial uses; and

WHEREAS, Ordinance No. 88-1801 was subsequently amended by the Village President and Board of Trustees pursuant to Ordinance Nos. 89-1865, 89-1889, 90-1896, 90-1901, 91-1990, 91-1994, 92-2002, 92-2016, 92-2025, 92-2027, 92-2042, 93-2102, 93-2121, 94-2127, 95-2184, 96-2267, 98-2393, 2000-077, Z2002-147, Z2003-217, Z2005-316, Z2007-361, 2007-2750, 2008-2796, 2008-2803, 2011-2791, 2015-3181, 2019-3371, 2019-3423, and 2019-3424 (collectively, Ordinance No. 88-1801 and its amendments are the “Town Center PUD”); and

WHEREAS, the Owner desires to use the Building for warehouse, light manufacturing, entertainment venue, commercial recreational facility, health club, and art gallery uses (collectively, the “Proposed Uses”), as those terms are defined in Section 2.02 of “The Village of Lincolnwood Zoning Ordinance” as amended (“Zoning Ordinance”); and

WHEREAS, the Town Center PUD authorizes a variety of uses of the Building, including warehouse and light manufacturing uses, but does not authorize the use of the Building for entertainment venue, commercial recreational facility, health club, and art gallery uses; and

WHEREAS, in order to permit all of the Proposed Uses of the Building, and pursuant to Article VIII, Part A of the Zoning Ordinance, the Owner has filed an application with the Village for approval of an amendment to the Town Center PUD ("Requested Relief"); and

WHEREAS, a public hearing of the Plan Commission of the Village of Lincolnwood to consider approval of the Requested Relief was duly advertised in the Lincolnwood Review on February 13, 2020, and held on March 4, 2020; and

WHEREAS, on March 4, 2020, the Plan Commission made findings and recommendations in support of the Requested Relief, subject to specified conditions; and

WHEREAS, the Village President and Board of Trustees has determined that the Proposed Uses of the Building comply with the required standards for special use permits and planned unit developments as set forth in Articles V and VIII of the Zoning Ordinance; and

-3-

WHEREAS, consistent with the Plan Commission recommendation, the President and Board of Trustees have determined that it will serve and be in the best interests of the Village and its residents to approve the Requested Relief, in accordance with, and subject to, the conditions, restrictions, and provisions of this Ordinance;

NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE PRESIDENT AND BOARD OF TRUSTEES OF LINCOLNWOOD, COOK COUNTY, ILLINOIS, as follows:

SECTION 1. RECITALS. The facts and statements contained in the preamble to this Ordinance are found to be true and correct and are hereby adopted as part of this Ordinance.

SECTION 2. APPROVAL OF AMENDMENT TO TOWN CENTER PUD. Subject to, and contingent upon, the conditions, restrictions, and provisions set forth in Section 4 of this Ordinance, the Village President and Board of Trustees hereby approve an amendment to the Town Center PUD to permit all of the Proposed Uses of the Building on the Property, in accordance with, and pursuant to, Articles V and VIII of the Zoning Ordinance and the home rule powers of the Village.

SECTION 3. CONDITIONS. Notwithstanding any use or development right that may be applicable or available pursuant to the provisions of the Zoning Ordinance, or any other rights the Owner may have, the approval granted in Section 2 of this Ordinance is hereby expressly subject to and contingent upon the development, use, and maintenance of the Proposed Development and the Property in compliance with each and all of the following conditions:

A. Compliance with Regulations. The development, use, operation, and maintenance of the Building and the Property must comply with all applicable Village codes and ordinances, as the same have been or may be amended from time to time, except to the extent specifically provided otherwise in this Ordinance.

B. Reimbursement of Village Costs. In addition to any other costs, payments, fees, charges, contributions, or dedications required under applicable Village codes, ordinances, resolutions, rules, or regulations, the Owner must pay to the Village, promptly upon presentation of a written demand or demands therefor, all legal fees, costs, and expenses incurred or accrued in connection with the review, negotiation, preparation, consideration, and review of this Ordinance. Payment of all such fees, costs, and expenses for which demand has been made must be made by a certified or cashier's check. Further, the Owner must pay upon demand all costs incurred by the Village for publications and recordings required in connection with the aforesaid matters.

SECTION 4. CONTINUED EFFECT; CONFLICTS.

A. Except as expressly modified by this Ordinance, the Town Center PUD will remain in full force and effect, and the Owner must comply with all requirements, conditions, and restrictions in the Town Center PUD. Any violation of this Ordinance will be deemed a violation of the Town Center PUD and the Zoning Ordinance.

-4-

B. In the event of a conflict between the provisions of any of the ordinances comprising the Town Center PUD and the provisions of this Ordinance, the provisions of this Ordinance will control.

SECTION 5. RECORDATION; BINDING EFFECT. A copy of this Ordinance will be recorded in the Office of the Cook County Recorder of Deeds. This Ordinance and the privileges, obligations, and provisions contained herein run with the Proposed Development and the Property and inure to the benefit of, and be binding upon, the Owner and its respective personal representatives, successors, and assigns, including, without limitation, subsequent owners or lessees of the Property.

SECTION 6. FAILURE TO COMPLY WITH CONDITIONS. Upon the failure or refusal of the Owner to comply with any or all of the conditions, restrictions, or provisions of this Ordinance, in addition to all other remedies available to the Village, the approval granted in Section 2 of this Ordinance will, at the sole discretion of the Village President and Board of Trustees, by ordinance duly adopted, be revoked and become null and void; provided, however, that the Village President and Board of Trustees may not so revoke the approval granted in Section 2 unless it first provides the Owner with two months advance written notice of the reasons for revocation and an opportunity to be heard at a regular meeting of the Village President and Board of Trustees. In the event of such revocation, the Village Manager and Village Attorney are hereby authorized and directed to bring such zoning enforcement action as may be appropriate under the circumstances.

SECTION 7. AMENDMENTS. Any amendment to any provision of this Ordinance may be granted only pursuant to the procedures, and subject to the standards and limitations, provided in the Zoning Ordinance.

SECTION 8. SEVERABILITY. If any provision of this Ordinance or part thereof is held invalid by a court of competent jurisdiction, the remaining provisions of this Ordinance are to remain in full force and effect, and are to be interpreted, applied, and enforced so as to achieve, as near as may be, the purpose and intent of this Ordinance to the greatest extent permitted by applicable law.

SECTION 9. EFFECTIVE DATE.

A. This Ordinance will be effective only upon the occurrence of all of the following events:

1. Passage by the Village President and Board of Trustees in the manner required by law;

2. Publication in pamphlet form in the manner required by law;

3. Recordation of this Ordinance, together with such exhibits as the Village Clerk deems appropriate for recordation, with the office of the Recorder of Cook County; and

4. Execution by the Owner, and delivery to the Village Clerk, within 30 days

-5-

after the date of final adoption of this Ordinance by the Village President and Board of Trustees, of an unconditional agreement and consent in substantially the form attached to this Ordinance as Exhibit B to accept and abide by each and all of the terms, conditions, and limitations set forth in this Ordinance and demonstrating the Owner’s consent to its recordation.

B. In the event that the Owner does not deliver fully executed copies of the unconditional agreement and consent within 30 days after the date of final passage of this Ordinance by the Village President and Board of Trustees, as required by Section 9.A.4 of this Ordinance, the Village President and Board of Trustees will have the right, in their sole discretion, to declare this Ordinance null and void and of no force or effect.

PASSED this _____ day of ________, 2020.

AYES:

NAYS:

ABSENT:

ABSTENTION:

APPROVED by me this _____ day of ________, 2020.

_______________________________________Barry I. Bass, PresidentVillage of Lincolnwood, Cook County, Illinois

ATTESTED and FILED in my office this_____ day of _________, 2020


EXHIBIT A

LEGAL DESCRIPTION OF THE PROPERTY

LOT 4, ( EXCEPT THAT PART OF LOT 4 DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LOT 4 AFORESAID; THENCE ON AN ASSUMED BEARING OF NORTH 00 DEGREES 57 MINUTES 47 SECONDS EAST ALONG THE WEST LINE OF SAID LOT 4, A DISTANCE OF 220. 18 FEET TO A POINT ON A 305.00 FOOT RADIUS CURVE, THE CENTER OF CIRCLE OF SAID CURVE BEARS SOUTH 76 DEGREES 15 MINUTES 02 SECONDS WEST; THENCE SOUTHERLY ALONG SAID CURVE, CENTRAL ANGLE 14 DEGREES 42 MINUTES 44 SECONDS, AN ARC DISTANCE OF 78. 32 FEET TO A LINE 10.00 EASTERLY OF (PERPENDICULAR MEASURE) AND PARALLEL WITH THE WEST LINE OF SAID LOT 4; THENCE SOUTH 00 DEGREES 57 MINUTES 47 SECONDS WEST ALONG TANGENT AND SAID PARALLEL LINE 142. 77 FEET TO THE SOUTH LINE OF SAID LOT 4; THENCE NORTH 88 DEGREES 46 MINUTES 24 SECONDS WEST ALONG SAID SOUTH LINE A DISTANCE OF 10. 00 FEET TO THE POINT OF BEGINNING, IN THE LINCOLNWOOD TOWN CENTER RESUBDIVISION, BEING LINCOLNWOOD TOWN CENTER SUBDIVISION (EXCEPTING THEREFROM LOT 9); A PART OF THE NORTH %2 OF SECTION 35, TOWNSHIP 41 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED NOVEMBER 2, 1989 AS DOCUMENT NO. 89522374, IN COOK COUNTY, ILLINOIS.

COMMONLY KNOWN AS: 7001 NORTH CENTRAL PARK AVENUE AND 7080-7100 NORTH MCCORMICK BOULEVARD

P.I.N.: 10-35-204-025-0000

EXHIBIT B

UNCONDITIONAL AGREEMENT AND CONSENT

TO: The Village of Lincolnwood, Illinois (“Village”):

WHEREAS, New Lincoln LLC ("Owner") is the record title owner of that certain property commonly known as 7001 North Central Park Avenue and 7080-7100 North McCormick Boulevard, in the Village ("Property"); and

WHEREAS, on March 3, 1988, the Village President and Board of Trustees adopted Ordinance No. 88-1801, approving the development of the Property and other nearby properties as a planned unit development for use as a shopping mall and other retail, commercial, and light industrial uses; and

WHEREAS, Ordinance No. 88-1801 was subsequently amended by the Village President and Board of Trustees pursuant to Ordinance Nos. 89-1865, 89-1889, 90-1896, 90-1901, 91-1990, 91-1994, 92-2002, 92-2016, 92-2025, 92-2027, 92-2042, 93-2102, 93-2121, 94-2127, 95-2184, 96-2267, 98-2393, 2000-077, Z2002-147, Z2003-217, Z2005-316, Z2007-361, 2007-2750, 2008-2796, 2008-2803, 2011-2971, 2015-3181 2019-3371, 2019-3423, and 2019-3424 (collectively, Ordinance No. 88-1801 and its amendments are the “Town Center PUD”); and

WHEREAS, Ordinance No. __________, adopted by the President and Board of Trustees on ________, 2020 (“Ordinance”), amended the Town Center PUD to permit certain additional uses of the Property; and

WHEREAS, Section 9 of the Ordinance provides, among other things, that the Ordinance will be of no force or effect unless and until the Owner has filed, within 30 days after the passage of the Ordinance, their respective unconditional agreement and consent to accept and abide by each and all of the terms, conditions, and limitations set forth in the Ordinance;

NOW, THEREFORE, the Owner does hereby agree and covenant as follows:

1. The Owner hereby unconditionally agrees to, accepts, consents to, and will abide by, each and all of the terms, conditions, limitations, restrictions, and provisions of the Ordinance.

2. The Owner acknowledges that public notices and meeting have been properly given and held with respect to the adoption of the Ordinance, has considered the possibility of the revocation provided for in the Ordinance, and agrees not to challenge any such revocation on the grounds of any procedural infirmity or a denial of any procedural right.

3. The Owner acknowledges and agrees that the Village is not and will not be, in any way, liable for any damages or injuries that may be sustained as a result of the Village’s granting of the amendment of the Town Center PUD for the Property or its adoption of the Ordinance,

and that the Village’s approval do not, and will not, in any way, be deemed to insure the Owner against damage or injury of any kind and at any time.

4. The Owner hereby agrees to hold harmless and indemnify the Village, the Village’s corporate authorities, and all Village elected and appointed Village officials, officers, employees, agents, representatives, and attorneys, from any and all claims that may, at any time, be asserted against any of such parties in connection with the Village’s adoption of the Ordinance or the amendment of the Town Center PUD for the Property.

Dated: ____________, 2020.

ATTEST: NEW LINCOLN LLC

By: By:

Its: Its:

Excerpt from Plan Commission Meeting Minutes for March 4, 2020

Case #PC-19-19 will be heard at the March 18, 2020 meeting of the Village Board.

V. Case #PC-01-20: 7001 North Central Park Avenue/7080-7100 North McCormick Boulevard – Amendments to Previously-Adopted Ordinances Granting and Amending a Planned Unit Development to Permit Certain Uses on the Premises

Chairman Yohanna announced Case #PC-01-20 for consideration of a request by Chris Boutros, Petitioner, on behalf of New Lincoln LLC, Property Owner, to amend Ordinance No. 1988-1801 establishing certain permitted uses, and subsequent Ordinances amending those permitted uses, to permit warehousing, distribution, entertainment, health and fitness, and exhibition uses at the property commonly known as 7001 North Central Park Avenue/7080-7010 North McCormick Boulevard. Chairman Yohanna swore in the witnesses.

The Petitioner is requesting to expand the spectrum of uses to include entertainment, health and fitness, and exhibition space. As the previously-approved PUD Ordinances only permit warehousing and distribution activities, a PUD Amendment is required to allow entertainment, health and fitness, and exhibition uses. Development Manager Hammel provided background on the regulatory history.

Staff noted the requested warehousing, distribution, entertainment, health and fitness, and exhibition uses have already been defined in the Zoning Ordinance as warehouse, manufacturing (light), entertainment venue, commercial recreation facility, health club, and art gallery. On-site parking capacity requires 218 spaces. There are currently 199 on-site parking spaces on the north and south facades and 83 available parking spaces off the northeast portion of the building owned by the Town Center Mall. Staff stated concern about the access of these spaces as there are some gated parking areas and questioned if this gated access would impact new uses or if current tenants already have a commitment to these spaces. Some of the uses the Petitioner is seeking approval for are inherently more parking intensive. Mr. Boutros stated they have a good faith agreement with the Town Center Mall to utilize their parking spaces.

Chris Boutros, 320 West Illinois Street, Chicago, Illinois, leaseholder, stated they would like to open the space up to multiple tenants. This PUD Amendment request is required due to the fact he has two potential clients, both of which would fall under one of the new proposed use definitions. They currently have 16,000-square feet of the space leased and 190,000-square feet of space available.

Chairman Yohanna asked if there was anyone from the audience who would like to address the Plan Commission. Let the record state no one came forward. With no further discussion, Chairman Yohanna requested a motion.

Motion to recommend approval to amend Ordinance No. 1988-1801 establishing certain permitted uses, and subsequent Ordinances amending those permitted uses, to permit warehousing, distribution, entertainment, health and fitness, and exhibition uses at the property

Village of Lincolnwood Plan Commission Meeting Minutes March 4, 2020

Page 2 of 2

commonly known as 7001 North Central Park Avenue/7080-7010 North McCormick Boulevard was made by Commissioner Sampen and seconded by Commissioner Auerbach.

Aye: Sampen, Auerbach, Jakubowski, Kohn, Novoselsky, and YohannaNay: NoneMotion Approved: 6-0


Plan Commission Staff Report Case # PC-01-20

March 4, 2020 Subject Property: 7001 North Central Park Avenue/ 7080-7100 North McCormick Boulevard

Zoning District: Planned Unit Development (approved in 1988) Petitioner: Chris Boutros, on behalf of New Lincoln LLC, Property Owner Nature of Request: Amendment to Ordinance No. 1988-1801 and subsequent Ordinances in order to permit uses in addition to what is currently permitted as a result of those Ordinances

Notification: Notice was published in the Lincolnwood Review on February 13, 2020. Public Hearing signs were installed at 7001 North Central Park Avenue/7080-7100 North McCormick Boulevard, and mailed legal notices dated February 12, 2020 were provided to properties within 250 feet. Background and Regulatory Context Chris Boutros, on behalf of New Lincoln LLC, Property Owner of 7001 North Central Park Avenue/7080-7100 North McCormick Boulevard (commonly known as the “Town Center Warehouse”), requests an Amendment to the Ordinances governing the property as a Planned Unit Development (PUD) and restricting the property to certain permitted uses. According to the Petitioner’s application, the intent of the request is to invigorate the property by expanding the range of permitted uses to include warehousing, distribution, entertainment, health and fitness, and exhibition.

7001 North Central Park Avenue/7080-7100 North McCormick Boulevard March 4, 2020

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The subject property is approximately 358,500-square feet (approximately 8.23 acres) in area and includes a structure with approximately 230,000-square feet of interior space. The building has historically been used for uses related to light industry or light manufacturing. The property is surrounded by industrial properties to the north and west, auto dealer inventory lots and a vacant parcel to the south, and the Town Center Mall to the east. Regulatory Context The subject property is regulated by the following Ordinances as they relate to permitted uses:

Ordinance No. 1988-1801 established a PUD with an area of approximately 72 acres. The primary development of the PUD was the Lincolnwood Town Center Mall, but the PUD also encompassed the subject property, more commonly known as the Town Center Warehouse. That Ordinance referenced the retrofitting of the warehouse building per a proposal brought forth at that time, but staff’s research did not uncover specific aspects of that retrofitting;

Ordinance No. 1990-1901 authorized the Town Center Warehouse to be used for “new car delivery and preparation; heavier repair jobs; a body repair paint shop in the northeast portion of the building; and indoor storage of cars.” These activities were related to auto dealerships that were approved by this same Ordinance;

Ordinance No. 1992-2016 authorized the subleasing of approximately 27,000-square feet of the warehouse to be leased to Bell & Howell for machinery repair;

Ordinance No. 1992-2027 authorized the subleasing of approximately 72,000- square feet of the warehouse to be leased to Grossinger for the storage of files and forms. This activity was expected to include 15-17 employees;

Ordinance No. 1998-2393 authorized the manufacturing of artificial fire logs. The approval required that all manufacturing activities occur indoors, and that the tenant be provided exclusive access to 100 parking spaces; and

Ordinance No. 2015-3181 authorized the leasing of approximately 24,000-square feet of the warehouse for a brewery, beer packaging facility, and tap room. This approval permitted uses for the property (service of alcoholic beverages, and package liquor stores) that were explicitly prohibited by the 1988 Ordinance establishing the PUD.

Required Approval The Petitioner currently seeks approval to use the property for warehousing, distribution, entertainment, health and fitness, and exhibition activities. While the Ordinances summarized above permitted uses that entailed warehousing and distribution activities, the Ordinances in no way provide for uses related to entertainment, health and fitness, and exhibition. Therefore, an Ordinance amending these previous Ordinances is required. Considerations The Plan Commission may consider the following when determining the appropriateness of the Petitioner’s request:


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Alignment with Current Zoning Terms

As previously noted, the Petitioner’s application requests approval for the property to include “warehousing, distribution, entertainment, health and fitness, and exhibition” uses. In an effort to make the consideration of this request – and any future interpretations of proposed uses should the request be approved by the Village – clearer, staff recommends considering this request in the context of uses that are already defined in the Zoning Ordinance and most directly align with those proposed by the Petitioner. Staff has shared the following zoning definitions from Section 2.02 of the Zoning Ordinance with the Petitioner, and he has stated that he feels they represent the uses requested in his application:

WAREHOUSE: A building or structure or part thereof, used principally for the storage of goods and merchandise;

MANUFACTURING, LIGHT: The production, predominantly from previously prepared materials of finished products or parts, including processing, fabrication, assembly, treatment and packaging of such products, and incidental storage, sales, and distribution of such products, but excluding basic industrial processing and custom manufacturing;

ENTERTAINMENT VENUE: An outdoor or indoor area, building, or part of a building, devoted to showing motion pictures, or for dramatic, dance, musical, or other live performances;

COMMERCIAL RECREATIONAL FACILITY: A privately-owned for-profit commercial facility designed and equipped to provide customary leisure time or recreational activities, such as bowling, swimming, miniature golf, paintball, indoor go-carts, ice skating, tennis, racquetball and similar activities. For purposes of this chapter, a firearms shooting range is not a commercial recreational facility;

HEALTH CLUB: A business establishment which: (i) promotes physical fitness; (ii) contains equipment and gymnasia for body exercising or other facilities intended to improve physical fitness, diet, weight control and/or health; and (iii) is generally utilized by members who pay a periodic fee for facility access and use. For purposes of this chapter, a firearms shooting range is not a health club; and

ART GALLERY: An establishment engaged in the sale, loan, or display of art, books, paintings, sculpture, or other works of art. This definition does not include a place designed to be used as a dwelling unit.

Therefore, staff recommends that deliberations related to the Petitioner’s request, and any Ordinance approving his request, use these terms and definitions. On-site Parking Capacity

The structure on the subject property includes approximately 230,000-square feet of interior space. Assuming a small portion of the building would include spaces not applicable to the provisions for calculating on-site parking requirements, the property would require approximately 218 spaces if occupied entirely by industrial uses. The property currently includes a total of 199 spaces, leaving a parking deficit of approximately 19 spaces. However, immediately east of the property, a parking lot located on property owned by the Town Center Mall includes 83 spaces. These spaces are separated from the

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mall by the circulator road and are used by occupants of the subject property. The Petitioner has informed staff that he does not have a formal agreement in place ensuring access to these spaces for the subject property, though he has stated a willingness to pursue such an agreement. Historically, the structure has hosted uses that are not parking-intensive. For example, the 1992 approval of the Grossinger storage use allowed for 72,000-square feet of the building to be occupied by an activity that required 15-17 employees. That represents one employee for every 4,800-square feet, which is a less intensive parking demand than the requirement of 1 space per 1,000-square feet of gross floor area for industrial uses. In contrast, the proposed uses intended for occupancy by the general public will likely require substantially more parking than if the same areas were used for industrial uses. The following table compares the parking requirements for the uses requested by the Petitioner. It should be noted that many of the public uses, such as entertainment venues or commercial recreation, would likely create the most parking demand during hours when industrial uses would not be in operation. Proposed Use Parking Requirement Warehouse 1 space / 1,000-square feet of gross floor area Light Manufacturing 1 space / 1,000-square feet of gross floor area Entertainment Venue 1 space / 3 seats, based on maximum occupancy Commercial Recreation Facility 1 space / 3 persons, plus 1 space / 2 full-time employees Health Club 1 space / 3 persons, plus 1 space / 2 full-time employees Art Gallery 1 space / 3 persons, based on maximum occupancy

More parking-intensive uses may create a substantial increase in demand for parking above and beyond scenarios where the building is entirely occupied by industrial tenants, despite the fact that such spaces will typically less space than industrial or warehouse uses. In order to address this, staff recommends that the Plan Commission consider one of the following conditions. Each condition is based on the assumption that the uses on the property would be limited based on the available parking and the collective parking requirements of all uses as per the Zoning Ordinance:

The Petitioner must submit a formal agreement for the use of the spaces immediately east of the property and located on the property of the Town Center Mall; or

In the event that such an agreement cannot be executed, the occupancy of the building must be limited based on the amount of parking under the control of the property owner. If control over any off-site parking is lost in such a manner that the

199 On-site Parking Spaces

83 Off-site Parking Spaces


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property can no longer meet the parking requirement, the property owner must either replace the lost parking in another compliant manner, seek a Variation for such parking, or vacate portions of the building in order to meet the combined parking requirement for all tenants.

Regardless of the preference of the Plan Commission, it should be noted that as part of the Business License application process for new tenants, staff will review each application and determine the amount of available parking remaining on the property. Once the parking capacity is maximized, zoning approval for new businesses cannot be granted. Signage

The property currently lacks any substantial signage on either the McCormick Boulevard or Central Park Avenue frontage. This may be due in large part to the fact that the property has typically been used for activities that require little public visibility. However, the proposed uses will likely rely on greater visibility from the public rights-of-way. The Petitioner has not yet sought any permits for signage, and the current request, as stated in the Petitioner’s application, does not include any such signage. Should the Petitioner or Property Owner seek approval of signage in the future, any signage that is compliant with the Zoning Ordinance can be approved through the regular permitting process. Any proposed signage that relies on relief from the Zoning Ordinance will require an additional Ordinance to grant relevant Zoning Modifications. Requested Action The Petitioner requests an Amendment to Ordinance No. 2018-3362 to clarify the effectiveness of development rights previously granted under Ordinance No. 2015-3173. Staff recommends that the Plan Commission consider the specific recommendations enumerated by staff as they pertain to both the 2015 approval and 2018 approval. Documents Attached

1. Special Use and PUD Application 2. Property Plat of Survey 3. Property Floor Plan 4. Relevant Excerpts from Ordinance No. 1988-1801 5. Relevant Excerpts from Ordinance No. 1990-1901 6. Relevant Excerpts from Ordinance No. 1992-2016 7. Relevant Excerpts from Ordinance No. 1992-2027 8. Relevant Excerpts from Ordinance No. 1998-2393 9. Relevant Excerpts from Ordinance No. 2015-3181 10. Relevant Regulations

ORDINANCE

NO. TV/ rot

AN ORDINANCE GRANTING PRELIMINARY PLAN

APPROVAL FOR A PLANNED UNIT DEVELOPMENTUPON APPLICATION OF SIMON /LINCOLNWOOD, INC.

FOR APPROXIMATELY 72 ACRES AT

TOUHY AVENUE AND McCORMICR BOULEVARD

WHEREAS, application has been made by Simon /Lincolnwood,

Inc., for a planned unit development on approximately 72 acres,

generally bounded by Touhy Avenue on the north, McCormick

Boulevard on the east, by a line running parallel to and approxi-

mately 650 feet north of Pratt- Avenue on the south, and by

Central Park Avenue on the West, and as more particularly de-

scribed in the body of this ordinance; and

WHEREAS, public hearings have been had on the application

for a planned unit development, and, particularly, with reference

to the preliminary plan of development, which hearings took

place before the Plan Commission and Zoning Board of Appeals

of the Village of Lincolnwood, all in conformance with the

ordinances of the Village of Lincolnwood and the statutes of --

the State of Illinois; and

WHEREAS, pursuant to those hearings, the Plan Commission

and Zoning Board of Appeals has recommended approval of the

application of Simon /Lincolnwood, Inc., for preliminary plat

approval for a planned unit development, subject to certain

conditions, stipulations and limitations; and

WHEREAS, the recommendations of the Lincolnwood Plan

Commission and Zoning Board of Appeals are .contained within

the report and recommendation to the Board of Trustees of the

Village of Lincolnwood dated September 9, 1987, which report

is hereby incorporated by reference into this Ordinance; and

WHEREAS, the Village Board of the Village of Lincolnwood

has previously adopted a motion to accept the findings and

recommendations of the Plan Commission and Zoning Board of

Appeals, and to approve the preliminary plan for the planned

lvering

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such

change shall be made or shall be required absent a

majority vote of the Village Board. ' 2.

No movie theaters shall be included anywhere on the site.

However, this shall not bar the Congregate Care facility from

showing movies as entertainment for its own residents and

their guests. 3.

The southern perimeter of the tract shall be fenced or

planted with thick shrubbery to prevent or impede pedestrian access

from the south, except for the area of limited, emergency vehicular

access, to be otherwise controlled. This shall be done

in conformance with a plan reviewed and approved by the Village

Planner. - 4.

Retail hours in the Mall and out - lotbuildings to be

limited as follows: Weekdays, 9:30a. m. to 9: 30p. m.; Saturdays,

9:30a. m. to 6: 00p. m.; Sundays and Legal Holidays, 11:

00a. m. to 6: 00p. m. (such Holidays being New Year' sDay, Memorial

bay, Independence Day; Labor Day, Thanksgiving Day, and

Christmas Day). The sole exception shall be sit -downrestau- rants

which do not offer take -outservice. 5.

The following uses are prohibited on the subject property:

a)

no service of alcoholic beverages in the central food

courtt_ of the Mall; b)

no separate bar. Any bar shall only be a minor adjunct

of an establishment, the primary use of which is

as a sit - downrestaurant ( provided an appropriate liquor license

is issued by the Village Liquor Commissioner); c)

no package liquor stores; d)

no automotive repair or service facilities; e)

no general supermarket - typefood stores ( but this limitation

shall not apply to small, specialty - typefood shops);

f)

no arcades for, or individual game machines, e- lectronic

or otherwise. 5 -

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the North Shore Channel; and applicant shall actively oppose

any such action by others.

12. Applicant and its principals, Melvin Simon & Associ-

ates, Inc., and Hawthorne Realty Group, shall not divest them- -

selves of ownership and direct management and control of the

entire tract during construction, and for at least five years

after the completion of all construction, with the following

exceptions: -

a) ownership of the Hotel site may be transferred

to the Marriott Corporation, or its designee, or to some

other nationally recognized hotel operator of good reputa-

tion, subject to approval of the Plan Commission, which

approval shall not be unreasonably withheld, but this

shall in no way change the proposed plan of development

of the hotel site as described in the presentations and

documents submitted to the Plan Commission as a court-

yard -type hotel ( subject to all applicable conditions

as set forth herein);

b) the existing Bulk Warehouse building may be sold

after retrofitting ( subject to all applicable conditions

as set forth herein); and

c) with respect to the Flextech, completion of con-

struction for the purposes of this provision shall be

deemed tobe the completion of the first two buildings.

For the purposes hereof, bonafide equity financing shall

not be deemed a divestiture so long as applicant or its said

principals shall retain a minimum of 51% equity ownership and

control, and 100% management. Management shall include, without

limitation, control of the operation of the mall, and selection

and approval of tenants and lease terms. Management of the

congregate care facility need not remain with Melvin Simon

and Associates, Inc. and the Hawthorne Realty Group, but may

be placed with a reputable company which may operate the congre-

gate care facility. Applicant may be requested from time to

7 -

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ORDINANCE NO. 70-790/ ANORDINANCE

AMENDING ORDINANCE NO, 'f - /Flp /, WHICHGRANTED PRELIMINARY PLAN APPROVAL FOR THESIMON / LINCOLNW0O0, INC. PLANNED UNIT DEVELOPMENT, TO

PROVIDE FOR LOTS 1, 2, 3 AND 4, IN

TOTAL OR IN PORTION, TO BE DEVELOPED FOR THE SALE

AND SERVICE OF MOTOR VEHICLES ( GROSS - INGER MOTO±

WORP, INC.) ADOPTED

BY THE PRESIDENT

AND BOARD OF TRUSTEES OFTHE V

LLAGE OF LILAC LNWOODTHISii, DAY OF 1990 Publishedin pamphlet

form by the authority

of the President and Board of

Trustees of the Village of Lincolnwood,

Cook County, Illinois, this

off, day of 1

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ORDINANCE NO. 90—/F10/ ANORDINANCE AMENDING ORDINANCE NO. 8-W - /gpjWHICHGRANTED PRELIMINARY PLAN APPROVAL FOR THE

SIMON / LINCOLNW00D, INC. PLANNED UNIT DEVELOPMENT,

TO PROVIDE FOR LOTS 1, 2, 3 AND 4,

IN TOTAL OR IN PORTION, TO BE DEVELOPED FOR THESALE AND SERVICE OF MOTOR VEHICLES ( GROSS - INGERMOTORCORP, INC.) WHEREAS,

application has been made by Grossinger Motor - Corp,

Inc. ( "GMT ") and Lincolnwood Associates to amend the Simon/ Lincolnwood,

Inc. Planned Unit Development Ordinance to allow Lots

1, 2, 3 and 4, in total or in portion, to be developed for

the sale and service of motor vehicles on the subject property as

legally described further in the body of this Ordinance, and

to allow Lincolnwood Associates to sell Lot 1, in addition to

Lot 4, to GMI; and WHEREAS,

under the existing PUD Ordinance, Lot 1 was originally

designated for use by, and sale to the Marriott Hotels for

operation of a Courtyard Inn Hotel, Lot 2 was designated as

a storm water detention area, Lot 3 was designated for six flex -

techbuildings and Lot 4, improved with the Warehouse Build- ing,

was to be sold or leased for warehouse purposes; and WHEREAS,

it is no longer feasible for Lincolnwood Associates

to develop the aforementioned lots as originally planned;

and WHEREAS,

on such a public meeting was application, held on June

7, 1989 which hearing took place before the Plan Commission

and Zoning Board of Appeals of the Village of Lincoln- wood,

all in conformance with the of Lincolnwood and the statutes

of the WHEREAS, the Plan Commission ordinances of the Village State

of Illinois; and and Zoning Board of Appeals has

recommended approval of the application subject to certain conditions,

stipulations and limitations; and WHEREAS,

the recommendations of the Village of Lincoln- wood

Plan Commission and Zoning Board of Appeals are contained within

the report and recommendation to the Board of Trustees of

the Village of Lincolnwood, dated July 2, 1989, which report is

hereby incorporated by reference into this Ordinance; and

approximately 258 feet. The remainder of Lot 2 isnot affected by this Ordinance and shall be developed as a storm water detention area as previouslyapproved;

c) The easterly portion of Lot 3, approximately 3 acres

in area, shall be developed for outdoor storageof primarily new cars, with some other auxiliaryparking. The remainder of Lot 3 is not affected bythis Ordinance and shall be developed with four

flex -tech buildings as previously approved; and

d) The existing Warehouse Building on Lot 4 shall be

redesigned and remodelled for new car deliveryand preparation; heavier repair jobs; a body repairand paint shop in the northwest portion of thebuilding; and indoor storage of cars. The paintbooths shall be restricted to Lot 4 and shallhave Village approved air cleaning systems, and

shall otherwise comply with Village standards

regarding odor and emissions.

2. That the construction and development of GMI shall be

substantially in accordance with Exhibit A, "Master Site Plan ";

Exhibit B, "Site Plan: Parking and and East Elevations "; Exhibit

D, Site Plan - Exterior Lighting "; Signage", all of which

are attached and all other drawings, plans and Circulation ";

Exhibit C, "North Landscaping Plan "; Exhibit E, and Exhibit P, "Site Plan -

hereto and made a part hereof, materials submitted by Appli-

cants to the Plan Commission and Zoning Board of Appeals and

to the Village Board, subject to any change approved in the

Final Plat stage. Final landscaping plans shall be as approved

by the Village Consultant and details of signage, including

wall signs and ground signs, shall be as approved by the Building

Commissioner. All illuminated signs shall observe Village Ordi-

nances governing permitted times of illumination.

3, That it is hereby approved that Lincolnwood Associ-

ates may sell Lots 1 and 4 to GMI. The remainder of the property

subject to this Ordinance shall be leased to GMI for at least

during the five -year period during which the sale of the property

is prohibited. No portion of the site involved herein, and

particularly Lot 4, can be assigned, leased, changed, Sion and ty

line, sublet or the use without the prior review and approval

of the Plan Commis - Zoning Board of Appeals and the Board

of Trustees. 4. That no direct light shall extend beyond

the proper - and therefore shall not hinder or annoy motorists or

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ORDINANCE NO. 9c' c2v/

AN ORDINANCE AMENDING ORDINANCE 88 -1801

TO PERMIT GROSSINGER MOTORCORP., INC. TO

SUBLEASE SPACE IN ITS BULK WAREHOUSEBUILDING TO BELL & HOWELL PHILLIPSBURG

COMPANY FOR REHABILITATING USED MACHINERY.

ADOPTED BY THE

PRESIDENT AND BOARD OF TRUSTEESOF THE

LLAGE OF L CO OOD

THIS / e DAY OF A ,

1992._ Published in pamphlet

form by the authority of thePresident and Board of Trustees of

the Village of Lincolnwood,

Cook County, Illinois

this day of ,

1992.

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ORDINANCE NO. 9-& f3

AN ORDINANCE AMENDING ORDINANCE 88 - 1801TO PERMIT GROSSINGER MOTORCORP., INC. TO

SUBLEASE SPACE IN ITS BULK WAREHOUSEBUILDING TO BELL & HOWELL PHILLIPSBURG

COMPANY FOR REHABILITATING USED MACHINERY.

WHEREAS, application has been made by Grossinger MotorCorp.,

Inc. for an amendment to Ordinance 88 - 1801 and the previous

amendments thereto to

sublease approximately

building which it owns

the

permit Grossinger MotorCorp., Inc. to

27, 000 square feet of its bulk warehouse

to Bell & Howell Phillipsburg Company for

rebuilding of used machinery; and

WHEREAS, a public hearing was held on April 7, 1992, before

the Lincolnwood Plan Commission and Zoning Board of Appeals

pursuant to proper notice and in compliance with the laws of the

State of Illinois and the ordinances of the Village of Lincolnwood;

and

WHEREAS, the Lincolnwood Plan Commission and Zoning Board of

Appeals found- the request to be reasonable. The warehouse space__

will be used for rehabbing used machinery which collates letters,

flyers and other papers and inserts them into envelopes for

mailing, which is a

It is expected that

clerical person and

permitted use in the underlying M - 1 District.

there will be no more than 15 plus workers, 1

1 executive in the work force. The hours of

operation will be from 6: 30 a. m. to 3: 30 p. m., 5 days a week, and

that this use is currently performed in Lincolnwood and will be

moved to this location; and

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ORDINANCE

NO. /oS " C2 © a 7

AN ORDINANCE AMENDING ORDINANCE 88 -1801

TO PERMIT GROSSINGER MOTORCORP., INC., TO SUBLEASE

SPACE IN ITS BULK WAREHOUSE BUILDING

TO AON CORPORATION FOR STORAGE AND

WAREHOUSING OF FILES AND FORMS ADOPTED

BY THE PRESIDENT

AND BOARD OF TRUSTEES OF

THE VILLAGE

OF O OOD THIS

Y1 DAY OF a ,

1992. Published in pamphlet

form by the authorityaf_thePresident and Board of Trustees of

the Village of Liricolnwood, Co

k County, 1

is day of &

1A > , 1992.

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ORDINANCE

NO. '977j AN

ORDINANCE AMENDING ORDINANCE 88 -1801TO

PERMIT GROSSINGER MOTORCORP., INC. TO SUBLEASE

SPACE IN ITS BULB WAREHOUSE BUILDING

TO AON CORPORATION FOR STORAGE AND

WAREHOUSING OF FILES AND FORMS WHEREAS,

application has been made by Grossinger MotorCorp., Inc.

for an amendment to Ordinance 88- 1801 - -and the previous amendments

thereto to permit Grossinger MotorCorp., Inc. to sublease

approximately 72,000square feet of its bulk warehouse building

to Aon Corporation for the storage and warehousingof non- current

insurance files and insurance forms; and WHEREAS,

a public hearing was held on May 26, 1992, before the Lincolnwood

Plan Commission and Zoning Board of Appeals pursuant to proper

notice and in compliance with the laws of the State of _ Illinois

and the ordinances of -the Village of Lincolnwood; and WHEREAS,


found the request to be reasonable. The warehouse space will

be used for the storage and warehousing of non- current - insurance

files and insurance forms. It is expected that -therewill

be from 15 to 17 workers. The hours of operation will be from 8:

00a.m. to 5:00p.m., 5 days a week; and WHEREAS,

the Plan Commission and Zoning Board of Appeals has recommended

approval of _petitioners' request by the Board o-f

Trustees of the Village of Lincolnwood; and

WHEREAS, the Board of Trustees concurs with and hereby adopts

the findings of the Plan Commission and Zoning Board of Appeals and

in addition finds that the granting of the requested amendment has

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no

detrimental impact on the health, welfare and safety of the public

in general; NOW,

THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES

OF THE VILLAGE OF LINCOLNWOOD, COOK COUNTY, ILLINOIS, as follows: - -

SECTION

1 :_ That the property which is the subject of this Ordinance

is legally described, as follows: Lot

4 in Lincolnwood town Center Resubdivision, being a resubdivision

of a part of theNorth 1/2of Section 35, Township41 North, Range 13 East of the Third Principal Meridianin Cook County, Illinois commonly referred to as 3333

West Touhy. p

SECTION 2: That Ordinance No. I1c -c /O , "

An Ordinance AmendingOrdinance 88 -1801To Permit GrossingerMotorCorp., Inc. To

Sublease Space In- Its Bulk Warehouse Building To Bell & Howell

Phillipsburg Company For Rehabilitating Used Machinery" is hereby

repealed.

SECTION 3: That anamendment to inance88 -1801and the previous

amendments thereto in order to allow Grossinger Motor Corp.,

Inc. to lease 72,000square feet of the subject property to Aon

Corporation as warehouse and storage space for insurance forms and

non - currentinsurance files, subject to the following conditions: - - - -. - -

1.

The use shall conform to the plans and testimony presented

to the Plan Commission andZoning Board of Appeals and

made a part of its records. - 2

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VILLAGE

OF LINCOLNWOOD ORDINANCE

NO. 98 -. 23 93 ANORDINANCE

GRANTING A

MODIFICATION OF THE LINCOLNWOOD TOWN

CENTER P.U.D.FOROPERATIONOFAMANUFACTURING BUSINESS AT 7084 NORTH

MCCORMICK BOULEVARD ADOPTED BY

THE PRESIDENT AND

BOARD OF TRUSTEES OF THE

LLAGE OF

LI TCOLNWOOD THIS DAY

OF , 1998. Published in

pamphlet form by the

authority of the President and Boardof Trustees of the Village of

Lincolnwood, Cook County, Ill'

nois this )9 day of , 1998.

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ORDINANCE NO. 98- 2fl6AN

ORDINANCE GRANTING

A MODIFICATION OF THE LINCOLNWOOD

TOWN CENTER P.U.D.FOROPERATION OF

A MANUFACTURING BUSINESS AT 7084

NORTH MCCORMICK BOULEVARD WHEREAS,

application has been made by Applicant, Steve Ballou

on behalf of CFM Harris Systems, for a modification of the LincolnwoodTown Center P. U.D. to permit its tenancyin a portion the "Warehouse Building" for operation of an artificial fireplace logsbusiness at 7084 North McCormick Boulevard; and WHEREAS,

a Public Hearing was held on February 11, 1998 before


pursuant to proper notice and in compliance with the laws ofthe State of Illinois and the ordinances of the Village of Lincolnwood;

and WHEREAS,

the Lincolnwood Plan Commission and Zoning Board of Appeals,

having heard testimony presented by the Petitioner and having

examined evidence, including Exhibit G submitted by Applicantand attached to the February 16, 1998 Report and Recommendationsof the Plan Commission / ZoningBoard of Appeals, hasduring said public hearing, discussed and recommended approval

of said Special Use Authority, all subject to certain terms

and conditions; and WHEREAS,

the Board of Trustees concurs with and hereby adoptsthe findings and recommended terms and conditions of the PlanCommission / ZoningBoard of Appeals as presented in its Report

dated February 16, 1998, and finds granting of a modification

to the Lincolnwood Town Center P.U.D. with said termsand conditions will have no detrimental impact on the health, welfare and safety of the public in general;

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NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OFTRUSTEES OF THE VILLAGE OF LINCOLNWOOD, COOK COUNTY, ILLINOIS, asfollows:

SECTION 1: That the Preamble to this Ordinance and allreports and exhibits of the Plan Commission and Zoning Board of

Appeals related to the application leading to this Ordinance are

hereby adopted herein by reference as if fully set forth herein.

SECTION 2: That a Modification of the Lincolnwood TownCenter is hereby granted subject to the following conditions:

a) Any storage silos required for operation of thebusiness shall be placed in the vicinity shown on

Exhibit G, and may vary from the dimensions showntherein; but shall not exceed the height of the roof ofthe building.

b) All manufacturing operations shall be conductedindoors, and there shall not be permitted the emissionof any fumes, odors or undue noise.

c) There shall be.available to Applicant on an exclusivebasis, a minimum of - 100 usable parking spaces ( notcounting any which the Applicant may choose not to use

near the dock area).

d) Trucks may use the access off of Central Park, as isnow permitted under the P.U.D. Vehicles of employeesmay also utilize such access, provided however thatshould the Village determine in the future that suchuse by passenger vehicles should no longer be permittedbecause of its impact on the residential area across

Pratt Avenue, then the Applicant will take suchmeasures as may be necessary to insure that itsemployees use the interior access routes through theTown Center off of Touhy and /or McCormick for pasengervehicles.

SECTION 3: That the property which is the subject ofthis Ordinance is legally described as follows:

Lot 4 in Lincolnwood Town Center Resubdivision, beingLincolnwood Town Center Subdivision ( excepting there fromLot 9), a part of the North Half of Section 35, Township 41North, Range 13 East of the Third Principal Meridian, as

recorded May 26, 1989 as Document * 89-242443, in CookCounty, Illinois; as recorded November 2, 1989 as Document89- 522374, in Cook County, Illinois, commonly referencedas 7084 McCormick Boulevard.

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IIIIIIII IVIIIIi I I I I IIIIIIIII I IIIIIIIIDoc#: 1604044091 Fee: $ 104. 00Karen A. Yarbrough

Cook County Recorder of DeedsDate: 02109/ 2016 04: 38 PM Pg: 1 of 34


ORDINANCE NO. 2015- 3181

AN ORDINANCE APPROVING AN AMENDMENT TO

THE LINCOLNWOOD TOWN CENTER PLANNED UNIT DEVELOPMENT

7005 N. Central Park Avenue)

ADOPTED BY THE

PRESIDENT AND BOARD OF TRUSTEES

OF THE VILLAGE OF LINCOLNWOOD

THIS 1St DAY OF DECEMBER, 2015.

Published in pamphlet form

by the authority of thePresident and Board ofTrustees

of the Village of Lincolnwood

Cook County, Illinois this1St

day of December, 2015

Vil age Cler

AN ORDINANCE APPROVING AN AMENDMENT TO

THE LINCOLNWOOD TOWN CENTER PLANNED UNIT DEVELOPMENT

7005 N. Central Park Avenue)

WHEREAS, New Lincoln, LLC (" Owner"), is the record owner of that certain parcel of

real property consisting of approximately 8. 26 acres, located at the address commonly known as7005 North Central Park Avenue, Lincolnwood, Illinois, and legally described in Exhibit Aattached to and, by this reference, made a part of this Ordinance (" Property"); and

WHEREAS, on March 3, 1988, the Village President and Board of Trustees adopted

Ordinance No. 88- 1801, approving the development of the Property and other nearby propertiesas a planned unit development for use as a shopping mall and other retail, commercial, and lightindustrial uses; and

WHEREAS, Ordinance No. 88- 1801 was subsequently amended by the Village Presidentand Board of Trustees pursuant to Ordinance Nos. 89- 1865, 89- 1889, 90- 1896, 90- 1901, 91-

1990, 91- 1994, 92- 2002, 92- 2016, 92- 2025, 92- 2027, 92-2042, 93- 2102, 93- 2121, 94-2127, 95-

2184, 96- 2267, 98- 2393, 2000- 077, Z2002- 147, Z2003- 217, Z2005- 316, Z2007- 361, 2007- 2750,

2008- 2796, 2008- 2803, and Z2011- 2971 ( collectively, Ordinance No. 88- 1801 and its

amendments are the " Town Center PUD"); and

WHEREAS, Section 3. 1( 0 of Ordinance No. 88- 1801 prohibits retail and commercialuses within the Town Center PUD other than in the enclosed mall and the out-lot buildings

located within the Town Center PUD (" Retail Restriction"); and

WHEREAS, Section 3. 5( b) of Ordinance No. 88- 1801 prohibits the service of alcoholic

beverages by an establishment located within the Town Center PUD that has a separate bar thatis not accessory to the primary use of a sit-down restaurant(" Bar Restriction"); and

WHEREAS, Section 3. 5( c) of Ordinance No. 88- 1801 prohibits package liquor stores

within the Town Center PUD (" Package Liquor Restriction"); and

WHEREAS, the Property is improved with an approximately 229, 540- square- footbuilding previously used for light industrial and commercial purposes (" Building"); and

WHEREAS, Begyle Brewing, LLC (" Applicant"), has entered into an agreement with

Owner to lease an approximately 24, 111 square- foot portion of the Building for the developmentof a production brewery, beer packaging facility, and tap room (" Proposed Development"); and

WHEREAS, in order to permit the Proposed Development, and pursuant to Article VIII,

Part A of" The Village of Lincolnwood Zoning Ordinance," as amended (" Zoning Ordinance"),Applicant, with the consent of Owner, filed an application with the Village for approval of an

amendment to the Town Center PUD (" Requested Relief'); and

WHEREAS, a public hearing of the Plan Commission of the Village of Lincolnwood toconsider approval of the Requested Relief was duly advertised in the Lincolnwood Review onOctober 16, 2015, and held on November 4, 2015; and

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WHEREAS, on November 4, 2015, the Plan Commission made findings and

recommendations in support of the Requested Relief, subject to specified conditions; and

WHEREAS, the Village President and Board of Trustees has determined that the

Proposed Development complies with the required standards for special use permits and planned

unit developments as set forth in Articles V and VIII of the Zoning Ordinance; and

WHEREAS, consistent with the Plan Commission recommendation, the President and

Board of Trustees have determined that it will serve and be in the best interests of the Village

and its residents to approve the Requested Relief, in accordance with, and subject to, the

conditions, restrictions, and provisions of this Ordinance;

NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE PRESIDENT AND

BOARD OF TRUSTEES OF LINCOLNWOOD, COOK COUNTY, ILLINOIS, as follows:

SECTION 1. RECITALS. The facts and statements contained in the preamble to this

Ordinance are found to be true and correct and are hereby adopted as part of this Ordinance.

SECTION 2. APPROVAL OF AMENDMENTS TO TOWN CENTER PUD. Subject

to, and contingent upon, the conditions, restrictions, and provisions set forth in Section 3 of this

Ordinance, the Village President and Board of Trustees hereby approve amendments to the TownCenter PUD, as follows:

A. Proposed Development. The Town Center PUD is hereby amended to permit thedevelopment and operation of the Proposed Development on the Property, in accordance with,and pursuant to, Articles V and VIII of the Zoning Ordinance and the home rule powers of theVillage.

B. Retail Permitted. The Town Center PUD is hereby amended to exclude theProposed Development from the Retail Restriction and to permit, within the Proposed

Development: ( 1) the retail sale of beer produced by Applicant within the ProposedDevelopment; and ( 2) the retail sale of merchandise incidental to the Applicant' s production and

sale of beer within the Proposed Development.

C. Service of Beer Permitted. The Town Center PUD is hereby amended to excludethe Proposed Development from the Bar Restriction and the Package Liquor Restriction and to

permit: ( 1) the sale of beer by Applicant from a separate bar located within the ProposedDevelopment; and ( 2) the sale, within the Proposed Development, of packaged beer for

consumption off the premises.

D. Amendment of Sign Regulations. The sign regulations applicable to the Propertyand the Proposed Development under the Town Center PUD are hereby amended to permit theerection of the following signs on the Property in accordance with the Final Development Plan,as defined in Section 3. A.2 of this Ordinance:

1. Monument Sign. One six- foot-high monument sign located on the Propertyadjacent to, and to the east of, the Central Park Avenue right-of-way;

3

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Attachment #13. Relevant Regulations

2.02 Definitions ART GALLERY: An establishment engaged in the sale, loan, or display of art, books, paintings, sculpture, or other works of art. This definition does not include a place designed to be used as a dwelling unit.

COMMERCIAL RECREATIONAL FACILITY: A privately owned for-profit commercial facility designed and equipped to provide customary leisure time or recreational activities, such as bowling, swimming, miniature golf, paintball, indoor go-carts, ice skating, tennis, racquetball and similar activities. For purposes of this chapter, a firearms shooting range is not a commercial recreational facility.

ENTERTAINMENT VENUE: An outdoor or indoor area, building, or part of a building, devoted to showing motion pictures, or for dramatic, dance, musical, or other live performances.

HEALTH CLUB: A business establishment which: (i) promotes physical fitness; (ii) contains equipment and gymnasia for body exercising or other facilities intended to improve physical fitness, diet, weight control and/or health; and (iii) is generally utilized by members who pay a periodic fee for facility access and use. For purposes of this chapter, a firearms shooting range is not a health club.

MANUFACTURING, LIGHT: The production, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment and packaging of such products, and incidental storage, sales, and distribution of such products, but excluding basic industrial processing and custom manufacturing.

WAREHOUSE: A building or structure or part thereof, used principally for the storage of goods and merchandise.

Excerpt from Table 7.10.01: Off-street Parking Schedule Proposed Use Parking Requirement

Warehouse 1 space / 1,000 square feet of gross floor area

Light manufacturing 1 space / 1,000 square feet of gross floor area

Entertainment Venue 1 space / 3 seats, based on maximum occupancy

Commercial Recreation Facility 1 space / 3 persons, plus 1 space / 2 full-time employees

Health Club 1 space / 3 persons, plus 1 space / 2 full-time employees

Art Gallery 1 space / 3 persons, based on maximum occupancy



SUBJECT: Consideration of a Recommendation by the Plan Commission to Adopt an Ordinance Amending Sections 2.02, 4.11, and 4.12 of the Zoning Ordinance Related to “Impervious Surface” and its Applicability to Front Yard Coverage and Driveway Regulations

SUMMARY AND BACKGROUND OF SUBJECT MATTER: The Village Code includes several regulations and provisions related to the management of stormwater in order to minimize the impacts of localized flooding as properties are developed or improved. The Zoning Ordinance specifically includes regulations related to the amount of impervious surface that is allowed for residential properties. These regulations establish a maximum amount of the entire zoning lot that can be covered by impervious surfaces (60%), as well as a maximum portion of the front yard that can covered by impervious surfaces (50%).

While the general intent of these regulations is clear, the way certain terms are defined by the Zoning Ordinance may allow for unintended design characteristics. For example, Sections 4.11 and 4.12 establish 60% as the maximum amount of “impervious coverage” permitted on residential lots. Section 2.02 defines “impervious coverage” as “any hard-surfaced, man-made horizontal area that does not readily absorb or retain water, including, but not limited to, parking and driveway areas, paving bricks, composed stone, sidewalks, and all detached buildings and structures.” Based on the phrase “readily absorb”, it is difficult to determine how permeable pavers or semi-pervious surfaces may fit into this definition and whether they count towards the 60% maximum coverage.

Similarly, Sections 4.11 and 4.12 establish 50% as the maximum amount of front yard coverage with “impervious surface”. Section 2.02 defines “impervious surface” as “a surface which does not allow water to be absorbed so it may percolate into deeper ground. Such surfaces are those constructed of Portland cement, bituminous asphalt, paving brick, composed stone or gravel, or any other surface that allows no water penetration.” Based on the phrases “does not allow water to be absorbed” and “allows no water penetration”, any material, such as permeable pavers, that allows even a portion of surface water to filtrate could be interpreted as not counting against the 50% threshold and could cover the entire front yard area. This could lead to significant stormwater runoff and may not meet the aesthetic intent of the Code.

The definition of “impervious surface” noted above is also referenced in the definition of “driveway”, which reads “any impervious surface providing direct ingress to and egress from a parking space located on any zoning lot.” Based on these related definitions, a vehicular drive aisle made of permeable pavers would not qualify as a “driveway”, even though permeable pavers are a viable material for providing vehicular parking and access to residential garages.

Village Board Committee of the Whole ReferralOn February 4, 2020, the Village Board Committee of the Whole provided feedback regarding staff’s zoning analysis. Trustees provided the following comments or questions for consideration:


How does pervious concrete or asphalt factor into these regulations? If they are eligible materials, they must be constructed in a way to effectively allow the filtration of water through the sub-base and to the ground. Similarly, what about “grass-crete” as a qualifying material;

If residents are looking to cover more of their properties with hard surfaces, zoning regulations could offer bonuses if bone fide stormwater management techniques (such as dry wells) are implemented;

In order to be fully effective, permeable pavers must be properly maintained in order to allow the infiltration of water over time. Otherwise, they lose their stormwater management benefit. One Trustee commented that relying solely on the use of permeable pavers to offset stormwater impacts in not an assurance that the issue will be managed over time; and

Trustees suggested requiring landscaping in the interior portion of circular driveways.

At the end of the discussion, the Village Board Committee of the Whole concurred on the following actions: The matter of maximum front yard coverage with “impervious surfaces” was referred to the Plan

Commission for consideration of a Zoning Text Amendment to clarify the intent of the regulation; and The matter of maximum “impervious coverage” for residential lots was referred to the Committee for

Ordinances, Rules, and Boards (CORB) for further analysis and policy discussion.

March 4, 2020 Plan Commission Public HearingThe Plan Commission held a public hearing on this matter during its March 4, 2020 regular meeting. As part of staff’s presentation, the following Text Amendments were recommended:

Amend Sections 4.11 and 4.12 of the Zoning Ordinance to require that a minimum 50% of the front yard be covered in landscaping, rather than the current requirement that allows a maximum of 50% of impervious coverage. The current zoning definition of “landscaping” is “the modification of the landscape for an aesthetic or functional purpose using a combination of elements including trees, shrubs, ground cover, grass, and flowers.” The Plan Commission concurred with staff’s opinion that this definition provides appropriate flexibility to residential property owners and accommodates a number of typical materials, including grass lawns.

Amend the definition of “driveway” to include materials other than “impervious surfaces”, as defined in the Code, but only when approved at the discretion of the Zoning Administrator. For example, permeable pavers are often used as driveway materials, even though they do qualify as “impervious surfaces”. The Village has allowed them to be used as driveways so long as they meet requirements related to vehicle load, the permeability of the sub-base, and installation specifications.

The specific Text Amendment recommended by staff, and reflected in in the proposed Ordinance attached to this report, include the following: (deletions are shown by strikethroughs, and additions are shown in bold underlined text):

* * * *4.11 Area, bulk, density and setback standards: R-1, R-2, and R-3 Districts.

Residential ZonesUse Category R-1 R-2 R-3Yard Standards

Maximum Minimum front yard coverage with impervious surface landscaping (%)

50% 50% 50%

* * * *

4.12 Area, bulk, density and setback standards: R-1, R-2, and R-3 Districts.

Residential ZoneUse Category R-4Yard Standards

Maximum Minimum front yard coverage with impervious surface 50%

https://ecode360.com/15344174#15344174

https://ecode360.com/15344174#15344174

Residential ZoneUse Category R-4

landscaping (%)

* * * *

2.02 Definitions.

DRIVEWAY: Any impervious, permeable, or semi-permeable surface approved by the Zoning Administrator providing direct ingress to and egress from a parking space located on any zoning lot.

At the end of the hearing, the Plan Commission unanimously passed a motion recommending approval of the recommended Text Amendments. In addition, Commissioner Jakubowski requested that the Village consider a future revision to the definition of “landscaping” to clarify that definition includes only natural materials, and not artificial materials.


VILLAGE ATTORNEY REVIEW:The Village Attorney was in attendance during the March 4, 2020 Plan Commission public hearing, and drafted the Ordinance attached to this report for consideration by the Village Board.

DOCUMENTS ATTACHED: 1. Proposed Ordinance2. March 4, 2020 Plan Commission Meeting Minutes Excerpt (Draft)3. March 4, 2020 Plan Commission Staff Report4. February 4, 2020 Village Board Committee of the Whole Staff Report5. Relevant Regulations

RECOMMENDED MOTION: Move to approve an Ordinance amending Sections 2.02, 4.11, and 4.12 of the Zoning Ordinance related to “impervious surface” and its applicability to front yard coverage and driveway regulations.

https://ecode360.com/15344174#15344174

https://ecode360.com/15343573#15343573


ORDINANCE NO. 2020-_____

AN ORDINANCE AMENDING SECTION 2.02 AND ARTICLE IV OFTHE VILLAGE OF LINCOLNWOOD ZONING ORDINANCEREGARDING IMPERVIOUS SURFACES AND MATERIALS

ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEESOF THE VILLAGE OF LINCOLNWOODTHIS ____ DAY OF MARCH, 2020.

Published in pamphlet formby the authority of the President and Board of Trusteesof the Village of Lincolnwood,Cook County, Illinoisthis _____ day of __________, 2020

Additions are bold and double-underlined; deletions are struck through.

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AN ORDINANCE AMENDING SECTION 2.02 AND ARTICLE IV OFTHE VILLAGE OF LINCOLNWOOD ZONING ORDINANCEREGARDING IMPERVIOUS SURFACES AND MATERIALS

WHEREAS, the Village of Lincolnwood is a home rule municipal corporation in accordance with Article VII, Section 6(a) of the Constitution of the State of Illinois of 1970; and

WHEREAS, the Village has the authority to adopt ordinances and to promulgate rules and regulations that pertain to its government and affairs; and

WHEREAS, Sections 4.11 and 4.12 of Article IV of "The Village of Lincolnwood Zoning Ordinance," as amended ("Zoning Ordinance"), regulate the area, bulk, density, and setback standards (“Bulk Regulations”) for the residential zoning districts in the Village (“Residential Districts”); and

WHEREAS, the Bulk Regulations contain stormwater management standards that mandate the permissible thresholds of impervious surfaces in Residential Districts, but do not adequately address the manner in which pervious and semi-pervious building materials can be factored into maximum yard coverages (“Yard Coverage Standards”); and

WHEREAS, the Village desires to amend Section 2.01, 4.11, and 4.12 of the Zoning Ordinance in order to clarify the Yard Coverage Standards (“Proposed Amendments”)

WHEREAS, pursuant to notice duly published in the Lincolnwood Review on February 13, 2020, the Village Plan Commission conducted a public hearing on March 4, 2020 concerning the Proposed Amendments; and

WHEREAS, on March 4, 2020, at the conclusion of the public hearing, the Plan Commission made findings and recommended that the President and Board of Trustees approve the Proposed Amendments; and

WHEREAS, having considered the findings and recommendations of the Plan Commission, the President and Board of Trustees have found and determined that the adoption of Proposed Amendments to the Zoning Ordinance, as set forth in this Ordinance, is in the best interests of the Village and its residents;

NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LINCOLNWOOD, COOK COUNTY, ILLINOIS, as follows:



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SECTION 2. DEFINITIONS. Section 2.02 of Article II of the Zoning Ordinance is hereby amended further to read as follows:

"2.02 Definitions.

* * *

DRIVEWAY: Any impervious, permeable, or semi-permeable surface approved by the Zoning Administrator, providing direct ingress to and egress from a parking space located on any zoning lot.”

* * *

SECTION 3. AREA, BULK, DENSITY AND SETBACK STANDARDS: R-1, R-2, AND R-3 DISTRICTS. Section 4.11 of Article IV of the Zoning Ordinance is hereby amended further to read as follows:

"4.11 Area, bulk, density and setback standards: R-1, R-2, and R-3 Districts

* * *

Residential ZonesUse CategoryR-1 R-2 R-3

* * * *Yard StandardsMinimum front setback (feet) (Note 3) 25 feet 25 feet 25 feetMaximum Minimum front yard coverage with impervious surface landscaping (%) 50% 50% 50%

Minimum interior side setback (feet) single-family detached dwelling

5 feet or 10% of lot

width*


width*


width*Minimum interior side setback (feet) nonresidential uses 15 feet each

side yard15 feet each

side yard

15 feet each side

yardMinimum corner setback (feet) 10 feet 10 feet 10 feetMinimum rear setback (feet) 30 feet 30 feet 30 feet

* * *

SECTION 4. AREA, BULK, DENSITY AND SETBACK STANDARDS: R-4 – GENERAL RESIDENCE DISTRICT. Section 4.12 of Article IV of the Zoning Ordinance is hereby amended further to read as follows:


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"4.12 Area, bulk, density and setback standards: R-4 – General Residence District.

* * *

Zoning DistrictResidential Zones

Use Category

R-4* *

Yard StandardsMinimum front setback (feet) (Note 5) 25 Max. Minimum front yard coverage with impervious surface landscaping (%) 50%

Min. interior side setback (feet) single-family detached dwelling 5 feet or 10% of lot width*

Min. interior side setback (feet) single-family semidetached dwellings (one yard only) 5

Min. interior side yard (single-family attached) NoneMin. interior side yard setback (feet) multifamily dwellings and nonresidential uses

5

Minimum corner setback (feet) 10Minimum rear setback (feet) 30Min. rear setback (feet) where alley exists (measured from center line of alley) 38

* * *

SECTION 5. SEVERABILITY. If any provision of this Ordinance or part thereof is held invalid by a court of competent jurisdiction, the remaining provisions of this Ordinance will remain in full force and effect, and are to be interpreted, applied, and enforced so as to achieve, as near as may be, the purpose and intent of this Ordinance to the greatest extent permitted by applicable law.

SECTION 6. EFFECTIVE DATE. This Ordinance will be in full force and effect from and after its passage, approval, and publication in the manner provided by law.

[SIGNATURE PAGE FOLLOWS]


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PASSED this _____ day of March, 2020.

AYES:

NAYS:

ABSENT:

ABSTENTION:

APPROVED by me this _____ day of March, 2020.

Barry I. Bass, PresidentVillage of Lincolnwood, Cook County, Illinois

ATTESTED and FILED in my office the_____ day of __________, 2020.


Excerpt from Plan Commission Meeting Minutes for March 4, 2020

VI. Case #PC-02-20: Zoning Text Amendment – Consideration of a Text Amendment to Clarify Regulations and Definitions Related to Impervious Surfaces and Materials

Chairman Yohanna announced Case #PC-02-20 for consideration of a referral by the Village Board to amend the Zoning Ordinance to clarify the applicability of certain regulations and definitions related to impervious surfaces, materials, and coverage as they pertain to the maximum permitted impervious coverage of a lot and the maximum permitted coverage with an impervious surface in a front yard.

The Zoning Ordinance specifically includes regulations related to the amount of impervious surfaces allowed on residential properties. The maximum amount of lot coverage that can be covered by impervious surfaces is sixty percent, with a maximum front yard coverage of fifty percent. Impervious coverage is defined as “any hard-surfaced, man-made horizontal area that does not readily absorb or retain water, including, but not limited to, parking and driveway areas, paving bricks, composed stone, sidewalks, and all detached buildings and structures”. The issue with this language means someone could cover their entire front yard with permeable pavers, as it allows some water filtration. To rectify this situation, staff recommends approval of a Text Amendment to specifically address front yard coverage.

Staff’s recommendation would be to amend Section 4.11 and 4.12 of the Zoning Ordinance to require a minimum fifty percent of the front yard be covered in landscaping, rather than a maximum coverage of fifty percent of impervious surfaces. The definition of landscaping is “the modification of the landscape for an aesthetic or functional purpose using a combination of elements including trees, shrubs, ground cover, grass, and flowers”. This change would ensure fifty-percent green space which, staff believes, is the intent of that standard.

Staff’s second recommendation is a Text Amendment is to amend the definition of driveway to read as “any impervious surface, permeable, or semi-permeable surface approved by the Zoning Administrator that provides access to parking space”.


Motion to recommend approval to amend the Zoning Ordinance to amend Section 4.11 and 4.12 of the Zoning Ordinance to require a minimum fifty percent of the front yard to be covered in landscaping, rather than a maximum coverage of fifty percent of impervious surfaces and to amend the definition of driveway to read as “any impervious surface, permeable, or semi-permeable surface approved by the Zoning Administrator that provides access to parking space” was made by Commissioner Novoselsky and seconded by Commissioner Sampen. For the record, Commissioner Jakubowski requested that the Village consider adding the word “natural elements” to the driveway definition.

Aye: Novoselsky, Sampen, Auerbach, Jakubowski, Kohn, and YohannaNay: NoneMotion Approved: 6-0


March 4, 2020 Subject: Consideration of a Text Amendment to Clarify Regulations and Definitions Related to Impervious Surfaces and Materials

Petitioner: Village Staff, with a Referral from the Village Board Notification: Notice was published in the Lincolnwood Review on February 13, 2020. Background The Village Code includes several regulations and provisions related to the management of stormwater in order to minimize the impacts of localized flooding as properties are developed or improved. The Zoning Ordinance specifically includes regulations related to the amount of impervious surface that is allowed for residential properties. These regulations establish a maximum amount of the entire zoning lot that can be covered by impervious surfaces (60%), as well as a maximum portion of the front yard that can covered by impervious surfaces (50%). While the general intent of these regulations is clear, the way certain terms are defined by the Zoning Ordinance may allow for unintended design characteristics. For example, Sections 4.11 and 4.12 establish 60% as the maximum amount of “impervious coverage” permitted on residential lots. Section 2.02 defines “impervious coverage” as “any hard-surfaced, man-made horizontal area that does not readily absorb or retain water, including, but not limited to, parking and driveway areas, paving bricks, composed stone, sidewalks, and all detached buildings and structures.” Based on the phrase “readily absorb”, it is difficult to determine how permeable pavers or semi-pervious surfaces may fit into this definition and whether they count towards the 60% maximum coverage. Similarly, Sections 4.11 and 4.12 establish 50% as the maximum amount of front yard coverage with “impervious surface”. Section 2.02 defines “impervious surface” as “a surface which does not allow water to be absorbed so it may percolate into deeper ground. Such surfaces are those constructed of Portland cement, bituminous asphalt, paving brick, composed stone or gravel, or any other surface that allows no water penetration.” Based on the phrases “does not allow water to be absorbed” and “allows no water penetration”,

Text Amendment Regarding Impervious Surfaces and Materials March 4, 2020

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any material, such as permeable pavers, that allows even a portion of surface water to filtrate could be interpreted as not counting against the 50% threshold and could cover the entire front yard area. This could lead to significant stormwater runoff and may not meet the aesthetic intent of the Code. The definition of “impervious surface” noted above is also referenced in the definition of “driveway”, which reads “any impervious surface providing direct ingress to and egress from a parking space located on any zoning lot.” Based on these related definitions, a vehicular drive aisle made of permeable pavers would not qualify as a “driveway”, even though permeable pavers are a viable material for providing vehicular parking and access to residential garages. Village Board Referral On February 4, 2020, the Village Board Committee of the Whole provided feedback regarding staff’s zoning analysis. Trustees provided the following comments or questions for consideration:

How does pervious concrete or asphalt factor into these regulations? If they are eligible materials, they must be constructed in a way to effectively allow the filtration of water through the sub-base and to the ground. Similarly, what about “grass-crete” as a qualifying material;

If residents are looking to cover more of their properties with hard surfaces, zoning regulations could offer bonuses if bone fide stormwater management techniques (such as dry wells) are implemented;

In order to be fully effective, permeable pavers must be properly maintained in order to allow the infiltration of water over time. Otherwise, they lose their stormwater management benefit. One Trustee commented that relying solely on the use of permeable pavers to offset stormwater impacts in not an assurance that the issue will be managed over time; and

Trustees suggested requiring landscaping in the interior portion of circular driveways.

At the end of the discussion, the Village Board Committee of the Whole concurred on the following actions:

The matter of maximum front yard coverage with “impervious surfaces” was referred to the Plan Commission for consideration of a Zoning Text Amendment to clarify the intent of the regulation; and

The matter of maximum “impervious coverage” for residential lots was referred to the Committee for Ordinances, Rules, and Boards (CORB) for further analysis and policy discussion.

Staff Analysis and Recommendations Regarding Front Yard Coverage As noted above, the specific language related to the regulation of front yard coverage allows a property owner to cover their entire front yard with permeable pavers, assuming they address any stormwater management concerns addressed through engineering review that would be conducted as part of issuance of a Building Permit. However, staff’s opinion is that the intent of this regulation is two-fold: 1) to ensure stormwater management is


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supported; and 2) to preserve green space and maintain a desired neighborhood aesthetic for areas visible from the public street. There are two primary ways to address this regulatory issue:

Amend the definition of “impervious surface” to clarify that permeable pavers qualify as such. This would address the issue as it relates to front yard coverage, but may have unintended effects on other regulations that rely on the definitions of “impervious coverage” or “impervious surface”. It is anticipated that this matter will be analyzed more thoroughly as CORB undertakes discussions related to overall lot coverage; and

Amend Sections 4.11 and 4.12 of the Zoning Ordinance to require that at least 50% of the front yard be covered in landscaping, rather than the current requirement that allows a maximum of 50% of impervious coverage. This is staff’s recommendation, as this approach removes reliance on the unclear definition of “impervious coverage”. The current zoning definition of “landscaping” is “the modification of the landscape for an aesthetic or functional purpose using a combination of elements including trees, shrubs, ground cover, grass, and flowers.” In staff’s opinion, this definition provides appropriate flexibility to residential property owners and accommodates a number of typical materials, including grass lawns. It also makes a clear distinction between landscape areas and potential hardscape materials that may serve as sidewalks, driveways, or porches.

Staff Recommendation Regarding the Definition of “Driveway” Staff recommends a Text Amendment to the definition of “driveway” that would allow materials other than “impervious surfaces”, as defined in the Code, but only when approved at the discretion of the Zoning Administrator. For example, permeable pavers are often used as driveway materials, even though they do qualify as “impervious surfaces”. The Village has allowed them to be used as driveways so long as they meet requirements related to vehicle load, the permeability of the sub-base, and installation specifications. The recommended amendment to the definition of “driveway” would allow for this practice to continue, and would authorize the Zoning Administrator to assess and approve or deny any other materials proposed by property owners. Proposed Text Amendments Based on the recommendations above, staff proposes the following Zoning Text Amendments (deletions are shown by strikethroughs, and additions are shown in bold underlined text): * * * * 4.11 Area, bulk, density and setback standards: R-1, R-2, and R-3 Districts.

Residential Zones

Use Category R-1 R-2 R-3 Yard Standards Maximum Minimum front yard coverage with impervious

surface landscaping (%) 50% 50% 50%

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* * * * 4.12 Area, bulk, density and setback standards: R-1, R-2, and R-3 Districts.

Residential Zone

Use Category R-4 Yard Standards Maximum Minimum front yard coverage with impervious

surface landscaping (%) 50%

* * * * 2.02 Definitions. DRIVEWAY: Any impervious, permeable, or semi-permeable surface approved by the Zoning Administrator providing direct ingress to and egress from a parking space located on any zoning lot. Requested Action Discussion related to and recommendation of proposed Zoning Text Amendments pertaining to the regulation of front yard coverage and the definition of “driveway”. Documents Attached

1. February 4, 2020 Village Board Committee of the Whole Staff Report 2. Relevant Regulations

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https://ecode360.com/15344174#15344174

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MEMORANDUM TO: Anne Marie Gaura

Village Manager FROM: Doug Hammel, AICP

Development Manager DATE: February 4, 2020 SUBJECT: Potential Text Amendments Related to Impervious Surface Regulations

BACKGROUND The Village Code includes several regulations and provisions related to the management of stormwater in order to minimize the impacts of localized flooding as properties are developed or improved. The Zoning Ordinance (Chapter 15 of the Village Code) specifically includes regulations related to the amount of impervious surface that is allowed for residential properties. These regulations establish a maximum amount of the entire zoning lot that can be covered by impervious surfaces (60%), as well as a maximum portion of the front yard that can covered by impervious surfaces (50%). While the general intent of these regulations is clear, the way certain terms are defined by the Zoning Ordinance may allow for unintended design characteristics. For example, Sections 4.11 and 4.12 establish 60% as the maximum amount of “impervious coverage” permitted on residential lots. Section 2.02 defines “impervious coverage” as “any hard-surfaced, man-made horizontal area that does not readily absorb or retain water, including, but not limited to, parking and driveway areas, paving bricks, composed stone, sidewalks, and all detached buildings and structures.” Based on the phrase “readily absorb”, it is difficult to determine how permeable pavers or semi-pervious surfaces may fit into this definition and whether they count towards the 60% maximum coverage. Similarly, Sections 4.11 and 4.12 establish 50% as the maximum amount of front yard coverage with “impervious surface”. Section 2.02 defines “impervious surface” as “a surface which does not allow water to be absorbed so it may percolate into deeper ground. Such

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surfaces are those constructed of Portland cement, bituminous asphalt, paving brick, composed stone or gravel, or any other surface that allows no water penetration.” Based on the phrases “does not allow water to be absorbed” and “allows no water penetration”, any material, such as permeable pavers, that allows even a portion of surface water to filtrate could be interpreted as not counting against the 50% threshold and could cover the entire front yard area. This could lead to significant stormwater runoff and may not meet the aesthetic intent of the code. The definition of “impervious surface” noted above is also referenced in the definition of “driveway”, which reads “any impervious surface providing direct ingress to and egress from a parking space located on any zoning lot.” Based on these related definitions, a vehicular drive aisle made of permeable pavers would not qualify as a “driveway”, even though permeable pavers are a viable material for providing vehicular parking and access to residential garages. Staff Recommendations Staff seeks guidance from the Village Board Committee of the Whole regarding the following recommendations and related policy questions:

1. Clarify the intent of Section 4.11 and 4.12 as they related to the 60% maximum impervious coverage for the entire lot and 50% maximum front yard coverage for impervious surfaces.

• Should either of the regulations referenced above allow for the use of semi-pervious materials to meet the threshold, or should either of those regulations be met only through the use of grass or landscaped areas?

2. Clarify the definitions of “impervious coverage” and “impervious surface” to establish the permissibility of semi-pervious materials.

• For the definition of “impervious coverage”, is there a technical threshold for the term “readily absorb” that can allow staff to easily assess a design proposal for compliance (i.e. a proposed material that allows for filtration at least at the same rate as a typical grass surface)?

• For the definition of “impervious surface”, should the language be amended to include semi-pervious materials rather than identifying only those that allow no water penetration?

3. Amend the definition of “driveway” to accommodate appropriate semi-pervious materials.

REQUESTED ACTION Staff requests that the Village Board Committee of the Whole provide direction regarding the staff recommendations and policy questions identified in this report, and refer the matter to the Plan Commission for a public hearing. DOCUMENTS ATTACHED

1. Relevant Regulations

Attachment #5. Relevant Regulations

2.02 Definitions. DRIVEWAY: Any impervious surface providing direct ingress to and egress from a parking space located on any zoning lot.

IMPERVIOUS COVERAGE: Any hard-surfaced, man-made horizontal area that does not readily absorb or retain water, including, but not limited to, parking and driveway areas, paving bricks, composed stone, sidewalks, and all detached buildings and structures.

IMPERVIOUS MATERIAL: Any material that substantially reduces or prevents the infiltration of water.

IMPERVIOUS SURFACE: A surface which does not allow water to be absorbed so it may percolate into deeper ground. Such surfaces are those constructed of Portland cement, bituminous asphalt, paving brick, composed stone or gravel, or any other surface that allows no water penetration.

LANDSCAPING: The modification of the landscape for an aesthetic or functional purpose using a combination of elements including trees, shrubs, ground cover, grass, and flowers.

4.11 Area, bulk, density and setback standards: R-1, R-2, and R-3 Districts. Residential Zones

Use Category R-1 R-2 R-3

Lot Standards (single-family dwelling units)

Minimum lot size (square feet) 9,000 SF 7,000 SF 5,400 SF

Maximum impervious coverage: % 60% 60% 60%

Maximum building coverage (%) 35% 35% 35% (Note 4)

Yard Standards

Minimum front setback (feet) 25 feet 25 feet 25 feet

Maximum front yard coverage with impervious surface (%)

50% 50% 50%

4.12 Area, bulk, density and setback standards: R-4 - General Residence District. Lot Standards

Minimum lot size (square feet) 5,400 SF

Minimum lot area all non-SF dwelling types (per unit) 3,000 SF

Minimum lot width (feet) detached single-family with attached garage 60 feet

Maximum impervious coverage single-family (%) 60%

Maximum building coverage single-family (%) (Note 6) 35%

Yard Standards

Minimum front setback (feet) 25

Max. front yard coverage with impervious surface (%) 50%



SUBJECT: Consideration of a Recommendation by the Plan Commission to Amend the Zoning Ordinance to Establish the New Use “Dermal Pigmentation Establishment, Permanent” and Permit That Use as a Special Use in the M-B Manufacturing and Business District and B-2 General Business District

SUMMARY AND BACKGROUND OF SUBJECT MATTER: In 2019, a property owner requested that the Village consider a zoning Text Amendment to clarify the permissibility of tattoo parlors in the community’s commercial districts. The only provision that specifically mentions this use prohibits the use in the B-1 Traditional Business Zoning District, Business/Residential Transition Overlay. Otherwise, the Zoning Ordinance is unclear regarding the permissibility of tattoo parlors in other parts of the community. Following that finding, Damien Kardaras, Petitioner, filed an application requesting that the Village clarify the permissibility of tattoo parlors in the Village. Since that application was submitted, the following deliberations have taken place:

On October 2, 2019, the Village Board Committee of the Whole discussed the matter prior toreferring it to the Plan Commission for a public hearing. The Village Board discussed potentialapproaches regarding the regulation of tattoo parlors, including where they may be most appropriate,whether they should require Special Use approval, and if they should be included under the definitionof other uses, such as “personal services establishment”. During its discussion, the Village Board hadseveral questions related to the operation of a tattoo parlor. The Petitioner provided informationrelated to licensing, inspections, and oversight by the State of Illinois related to regulations aimed atminimizing blood-borne illnesses. Outside of these special licensing requirements and monitoringthat all tattoo parlors are subject to, the proposed use was discussed as operating similar to othertypes of uses considered personal service establishments.

Following the Village Board referral but prior to the Plan Commission public hearing, staffreceived an inquiry about the permissibility of microblading, which is a semi-permanent cosmeticeyebrow procedure that is less invasive than tattooing, but requires specific certifications andhealth oversight due to the risk of blood-borne pathogens. Given the apparent similarities betweenmicroblading and tattooing, staff determined that it was appropriate to include discussion ofmicroblading and other semi-permanent pigmentation services in the discussion related to thepermissibility of tattoo parlors.

During a public hearing held on November 6, 2019 regular meeting, the Plan Commissionersopined that tattoo parlors are similar in operation to hair salons, cosmetician services, and otherrelated uses covered under the definition of “personal service establishments”. The Commissionfound that there is reason to treat them differently than those similar uses from a regulatory


standpoint. Based on that opinion, the Plan Commission unanimously approved a motion recommending the following Zoning Ordinance Text Amendments:

o Amend the definition of “personal service establishments” in Section 2.02 of the Zoning Ordinance to include “dermal pigmentation establishments”; and

o Amend Section 2.02 of the Zoning Ordinance to include a definition for “dermal pigmentation establishments” that reads “any establishment, except a hospital or other facility operated by a licensed medical practitioner, where the act of puncturing the skin and inserting indelible colors to create permanent or semi-permanent pigmentation or color is performed.”

During the November 19, 2019 Village Board meeting, staff presented the matter and summarized the Plan Commission’s discussion and recommendation. The Board then referred the matter to CORB for further discussion.

Following the November 19, 2019 Village Board meeting, staff received a petition signed by 40 Lincolnwood residents. The header of the petitions states that “the Village of Lincolnwood Government now considers allowing Tattoo Parlors. As signed below, we Lincolnwood residents do not want Tattoo Parlors to be allowed in our Village.” The petition is included as an attachment to this report.

During the January 23, 2020 CORB meeting, Trustees discussed appropriate locations for “dermal pigmentation establishments” in the community. Members of Commission in attendance concurred that such a use is most appropriate in the M-B Manufacturing and Business zoning district. A motion was passed remanding the case back to the Plan Commission to hold a public hearing regarding a recommendation to permit “dermal pigmentation establishments” in the M-B Manufacturing and Business zoning district. Members of CORB felt it is appropriate to permit microblading and other services related to cosmeticians and salons as a component of “personal service establishments.”

During the February 4, 2020 Village Board meeting, Trustees concurred with CORB’s recommendation and remanded the matter to the Plan Commission for further deliberation regarding the permissibility of “dermal pigmentation establishments” in the M-B zoning district as a special use.

Prior to the Plan Commission public hearing, the petitioner submitted a petition with the signatures of 42 residents and business owners who support his request.

March 4, 2020 Plan Commission Public HearingDuring the March 4, 2020 Plan Commission public hearing, Commissioners discussed whether it is appropriate to discuss the permissibility of the use in zoning districts other that M-B. This discussion related to the fact that the Plan Commission’s previous recommendation was to consider tattoo parlors as part of the definition of “personal service establishments”. Doing so would make the use permitted in the B-1, B-2, and B-3 zoning districts as either a permitted use or special use, depending on the floor area of a specific location. The Commission felt is it appropriate to discuss the permissibility of the use on other districts.

After extensive discussion that touched upon a number of aspects of this request, the Commission was advised to address specific policy questions.

Commissioners discussed the relationship between tattoo parlors and less invasive or semi-permanent cosmetic services, with microblading being the cited example. After discussion, the Commission

concluded that such a distinction should be made in the zoning code by stablishing a definition for “dermal pigmentation establishments, permanent” that relates to uses such as tattoo parlors. The Commission stated that this zoning approach recognizes that microblading and other semi-permanent services can continue to operate as an ancillary service to businesses whose primary use qualifies as a “personal service establishment”.

Commissioners then discussed the appropriateness of allowing “dermal pigmentation establishments, permanent” in the M-B zoning district. During a portion of the discussion, some Commissioners felt the use may not thrive in the M-B district. However, they ultimately concluded that it is an appropriate use in the M-B district.

Finally, Commissioners discussed if the “dermal pigmentation establishment, permanent” use is appropriate in other zoning districts. They concurred that is should be permitted in the B-2 zoning district. This is a more narrow scope of permissibility than the Plan Commission’s original recommendation in November 2019 that would have permitted the use in the B-1, B-2 and B-3 zoning districts.

Based on the discussions noted above, the Plan Commission unanimously passed three distinct motions recommending the following zoning Text Amendments:

Amend the Zoning Ordinance to establish a definition for “dermal pigmentation establishments,permanent” as presented in staff’s report;

Amend the Zoning Ordinance to permit “dermal pigmentation establishments, permanent” as aSpecial Use in the M-B zoning district; and

Amend the Zoning Ordinance to permit “dermal pigmentation establishments, permanent” as aSpecial Use in the B-2 zoning district.

Clarification of Public Hearing DiscussionDuring the Plan Commission public hearing, there were some comments made that staff was unable to clarify or elaborate on at the time. Clarification of these comments is as follows:

The Petitioner was provided with notification of the January 23, 2020 CORB meeting via an email sent bythe Assistant Village Manager on January 20, 2020. (The packet for that meeting was more broadlydistributed via the Village’s e-gov email distribution list on January 17, 2020.)

According to the Illinois Department of Public Health, microblading is regulated as a “body artestablishment”, similarly to tattooing and piercing. Microblading does not fall under the licenses related tocosmeticians or estheticians.

Staff was asked to elaborate on the discussion that took place during CORB. However, the discussionmoved in a different direction without a complete response being provided. It should be noted, as reflectedin the minutes from the January 23, 2020 CORB meeting, that members of the committee stated that the M-B district would be an appropriate location for “dermal pigmentation establishments” due to the fact thatthe Village is considering ways to attract a broader and more eclectic mix of uses to that area.

FINANCIAL IMPACT:None

VILLAGE ATTORNEY REVIEW:The Village Attorney attended the November 6, 2019 Plan Commission public hearing, drafted the Ordinance originally presented to the Village Board on November 19, 2019, provided guidance regarding the Village’s ability to regulate tattoo parlors, attended the January 23, 2020 CORB meeting by conference call, advised staff regarding the March 4, 2020 Plan Commission public hearing, and attended that public hearing.

4. Petition Supporting the Petitioner’s Request5. February 4, 2020 Village Board Request for Board Action6. January 23, 2020 CORB Minutes (Draft)7. Petition Objecting to the Petitioner’s Request8. November 19, 2019 Village Board Request for Board Action9. November 6, 2019 Plan Commission Meeting Minutes Excerpt10. November 6, 2019 Plan Commission Staff Report11. October 2, 2019 Committee of the Whole Staff Report12. Village-Wide Zoning Map13. Excerpt of Table 4.01.1 Permitted and Special Uses in All Zoning Districts

RECOMMENDED MOTION:Move to approve a recommendation by the Plan Commission to amend the Zoning Ordinance to establish the new use “dermal pigmentation establishment, permanent” and permit that use as a Special Use in the M-B Manufacturing and Business District and B-2 General Business District, and to direct the Village Attorney to draft an Ordinance to that effect.

1. Text Amendment Public Hearing Application2. March 4, 2020 Plan Commission Meeting Minutes Excerpt (Draft)3. March 4, 2020 Plan Commission Staff Report

Documents Attached:

Excerpt from Plan Commission Meeting Minutes for March 4, 2020IV. Case #PC-19-19: Consideration of a Text Amendment to Clarify the

Permissibility of Tattoo Parlors in the M-B Zoning District

Chairman Yohanna announced Case #PC-19-19 for consideration of a request by Damien Kardaras, Property Owner of 3940 West Touhy Avenue, and of a related referral by the Village Board, to amend the Zoning Ordinance to allow tattoo parlors as a permitted Special Use in the M-B, Manufacturing and Business Zoning District.

On November 6, 2019, Petitioner Damien Kadaras came before the Plan Commission for approval of a tattoo at 3940 West Touhy Avenue located in the B-2, Business Zoning District. The Plan Commission unanimously approved a motion to amend the definition of “personal service establishments” in Section 2.02 of the Zoning Ordinance to include “dermal pigmentation establishments and amend Section 2.02 to include a definition for “dermal pigmentation establishments” to read “any establishment, except a hospital or other facility operated by a licensed medical practitioner, where the act of puncturing the skin and inserting indelible colors to create permanent or semi-permanent pigmentation or color, is performed”.

At the November 19, 2019 meeting of the Village Board, this matter was referred to the Committee of Ordinances, Rules, and Boards (CORB), a subcommittee of the Village Board, for further discussion. Following this meeting, staff received a petition opposing tattoo parlors in the Village.

At the January 23, 2020 CORB meeting, members concurred this use would be most appropriate in the M-B, Manufacturing and Business Zoning District. A motion was passed remanding the case back to the Plan Commission for further discussion. CORB members felt it appropriate to permit microblading and other services related to cosmeticians and salons as a component of “personal service establishments”.

On February 4, 2020, the Village Board remanded the matter to the Plan Commission for further deliberation as a new use in the M-B, Manufacturing and Business Zoning District.

Based on the CORB’s recommendation, staff recommends the Plan Commission consider the following actions:

1. Amend Section 2.02 of the Zoning Ordinance to clarify the following definitions:

a. Add a definition for “dermal pigmentation establishment, permanent” to establish a definition, pertinent to tattoo parlors, as follows: “dermal pigmentation establishment: permanent – any establishment, except a hospital or other facility operated by a licensed medical practitioner, where the act of puncturing the skin and inserting indelible colors to create permanent pigmentation or color is performed, often associated with tattoos”; and

b. Add “dermal pigmentation services, semi-permanent” to establish a definition, pertinent to microblading and other cosmetician-oriented procedures, as follows: “dermal pigmentation establishment: semi-permanent – any establishment, except a


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hospital or other facility operated by a licensed medical practitioner, where the act of puncturing the skin and inserting indelible colors to create semi-permanent pigmentation or color is performed, often associated with hair salons or cosmeticians”.

2. Amend “personal services establishment” to include “dermal pigmentation services, semi-permanent” to permit such uses similarly to personal services establishments; and

3. Amend Table 4.01.1 to include a new line entitled “dermal pigmentation establishment, permanent”, and identify it as permitted as a Special Use in the M-B Zoning District.

The Commissioners discussed their opposition to CORB’s direction to allow tattoo parlors only in the M-B District, the distinction between permanent and semi-permanent uses, and if the two definitions should be combined.

Chairman Yohanna swore in the Petitioner Damien Kardaras, 7150 North Karlov Avenue, and owner of the subject property. Mr. Kardaras submitted a petition of neighbors supporting this business.

Village Attorney Passman reiterated the Village Board has not taken any action on this request except for remanding it to CORB for further discussion. The Plan Commission’s direction is to specifically opine on CORB’s recommendations to add a definition for “dermal pigmentation establishments, permanent”, “dermal pigmentation establishments, semi-permanent”, amend “personal services establishment” to include “dermal pigmentation services, semi-permanent” to permit such uses similar to personal services establishments, and amend Table 4.01.1 to include “dermal pigmentation establishment, permanent” as a permitted Special Use in the M-B, Manufacturing and Business Zoning District. CORB’s request does not preclude the Plan Commission from reiterating their approval to allow this use as a Special Use in the B-1 Zoning District.

Chairman Yohanna swore in Petitioner Kaitlyn Moskowitz, 8044 West Lyons Street, Niles, Illinois. Ms. Moskowitz agreed that microblading should be categorized as semi-permanent and this procedure does not require licensing, unlike tattoo artists. After consulting the Illinois Department of Public Health’s website, Mr. Passman replied, for the record and without further research, he is not certain whether microblading is an unlicensed activity.

Mr. Mario Sivric, 6444 North Kolmar Avenue, spoke to his support of this business located in the B-2 District.

In agreement with Commissioner Jakubowski, Chairman Yohanna stated the Plan Commission should send a message to the Village Board, without equivocation, that opposition from over a mile way should not be deemed significant. What is significant is a petition from neighbors, within walking distance, supporting this business. Commissioner Jakubowski said there is no reason to deny this request from a health perspective, and the Village shouldn’t put their prejudices into Village Code.


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Motion to recommend approval of a Text Amendment with no distinction between permanent and semi-permanent “dermal pigmentation establishments” and to include one definition that covers any activity, in any way, that puts a permanent or semi-permanent mark on a person’s skin was made by Commissioner Jakubowski and seconded by Commissioner Novoselsky.

Aye: Jakubowski, Novoselsky, Auerbach, Kohn, Sampen, and YohannaNay: NoneMotion Approved: 6-0

Motion to recommend approval to allow “dermal pigmentation establishments” as a Special Use in the M-B, Manufacturing and Business Zoning District was made by Commissioner Jakubowski and seconded by Commissioner Novoselsky.

Aye: Jakubowski, Novoselsky, Auerbach, Kohn, Sampen, and YohannaNay: NoneMotion Approved: 6-0Motion to recommend approval for a recommendation, in conjunction with the prior two recommendations, to reaffirm the Plan Commission’s original approval to permit “dermal pigmentation establishments” as a Special Use in the B-2, Business Zoning District, and to keep the prohibition of tattoo parlors in the B-1 Traditional Business Zoning District and Business/ Residential Transition Overlay District was made by Commissioner Jakubowski and seconded by Commissioner Auerbach.

Aye: Jakubowski, Auerbach, Kohn, Novoselsky, Sampen, and YohannaNay: NoneMotion Approved: 6-0

Following the last motion, there was confusion among the Commissioners regarding the nature and intent of the approved motions. As a result, the Village Attorney recommended a motion to reconsider those motions.

Motion to recommend reconsideration of a Text Amendment to create a new combined definition for permanent and semi-permanent “dermal pigmentation establishment” was made by Commissioner Jakubowski and seconded by Commissioner Auerbach.


Motion to recommend approval of a new use definition entitled “dermal pigmentation establishment, permanent” that would have the language set forth in the recommended Text Amendment by staff was made by Commissioner Jakubowski and seconded by Commissioner Novoselsky.

Aye: Jakubowski, Novoselsky, Auerbach, Kohn, Sampen, and YohannaNay: None


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Motion Approved: 6-0

Motion to recommend approval to allow “dermal pigmentation establishments” in the B-2, Business Zoning was made by Commissioner Jakubowski and seconded by Commissioner Auerbach.




March 4, 2020 Subject: Village Board Referral to Further Deliberate the Issue of Creating the New Use “Dermal Pigmentation Establishment” to be permitted in the M-B Manufacturing and Business Zoning District as a Special Use Petitioner: Original request by Damien C. Kardaras, E.A, with referral to the Plan Commission for further deliberation by the Village Board Notification: Notice of a Public Hearing regarding the original request was published in the Lincolnwood Review on October 17, 2019, and notice of a Public Hearing regarding the Village Board referral to the Plan Commission was published on February 13, 2020. Background Damien C. Kardaras, Petitioner, initially requested the Village’s consideration of a Zoning Text Amendment to clarify the permissibility of tattoo parlors in the Village. That request arose from a denial of a Business License application for a tattoo parlor in the B-2 Zoning District based on staff’s determination that the use is not explicitly permitted as per Table 4.01.1 Permitted and Special Uses in All Zoning District of the Zoning Ordinance, and is, therefore, prohibited. The following is a summary of discussions among Village Boards and Commissions related to this request:

On October 2, 2019, the Village Board Committee of the Whole discussed the matter prior to referring it to the Plan Commission for a Public Hearing. The Village Board discussed potential approaches regarding the regulation of tattoo parlors, including where they may be most appropriate, whether they should require Special Use approval, and if they should be included under the definition of other uses, such as “personal services establishment”. During its discussion, the Village Board had several questions related to licensing, inspections, and oversight by the State of Illinois. Outside of these special licensing requirements and monitoring that all tattoo parlors are subject to, the proposed use was discussed as operating similar to other types of uses considered personal service establishments;

Following the Village Board referral, but prior to the Plan Commission Public Hearing, staff received an inquiry about the permissibility of microblading, which is a

Text Amendment Regarding Tattoo Parlors March 4, 2020

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semi-permanent cosmetic eyebrow procedure that is less invasive than tattooing, but requires specific certifications and health oversight due to the risk of blood-borne pathogens. Given the apparent similarities between microblading and tattooing, staff determined that it was appropriate to include discussion of microblading and other semi-permanent pigmentation services in the discussion related to the permissibility of tattoo parlors;

During a Public Hearing held on November 6, 2019, the Plan Commission opined that

tattoo parlors are similar in operation to hair salons, cosmetician services, and other related uses covered under the definition of “personal service establishments”. The Plan Commission found that there is no reason to treat them differently than those similar uses from a regulatory standpoint. Based on that opinion, the Plan Commission unanimously approved a motion recommending the following Zoning Ordinance Text Amendments:



During the November 19, 2019 Village Board meeting, staff presented the matter and summarized the Plan Commission’s discussion and recommendation. The Board then referred the matter to the Committee for Ordinance, Rules, and Boards (CORB), a subcommittee of the Village Board, for further discussion;

Following the November 19, 2019 Village Board meeting, staff received a petition signed by 40 Lincolnwood residents. The header of the petitions states that “the Village of Lincolnwood Government now considers allowing Tattoo Parlors. As signed below, we Lincolnwood residents do not want Tattoo Parlors to be allowed in our Village.” The petition is included as an attachment to this report;

During the January 23, 2020 CORB meeting, Trustees discussed appropriate locations for “dermal pigmentation establishments” in the community. Members of CORB in attendance concurred that such a use is most appropriate in the M-B Manufacturing and Business Zoning District. A motion was passed remanding the case back to the Plan Commission to hold a Public Hearing regarding a recommendation to permit “dermal pigmentation establishments” in the M-B Manufacturing and Business Zoning District. It should be noted members of CORB felt it is appropriate to permit microblading and other services related to cosmeticians and salons as a component of “personal service establishments”; and

On February 4, 2020, the Village Board remanded the matter to the Plan Commission

for further deliberation, specifically stating that the Plan Commission consider the appropriateness of permitting “dermal pigmentation establishments” as a new use in Table 4.01.1, in the M-B Manufacturing and Business Zoning District as a Special Use.

Text Amendment Regarding Tattoo Parlors March 4, 2020

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Recommended Text Amendment Based on the recommendation of CORB, staff presents the following Zoning Code Text Amendments for consideration by the Plan Commission:

Amend Section 2.02 of the Zoning Ordinance to clarify the following definitions: o Add a definition for “dermal pigmentation establishment, permanent” to

establish a definition, pertinent to tattoo parlors, as follows: “dermal pigmentation establishment: permanent – any establishment, except a hospital or other facility operated by a licensed medical practitioner, where the act of puncturing the skin and inserting indelible colors to create permanent pigmentation or color is performed, often associated with tattoos”; and

o Add “dermal pigmentation services, semi-permanent” to establish a definition, pertinent to microblading and other cosmetician-oriented procedures, as follows: “dermal pigmentation establishment: semi-permanent – any establishment, except a hospital or other facility operated by a licensed medical practitioner, where the act of puncturing the skin and inserting indelible colors to create semi-permanent pigmentation or color is performed, often associated with hair salons or cosmeticians”.

Amend “personal services establishment” to include “dermal pigmentation services, semi-permanent” to permit such uses similarly to personal services establishments; and

Amend Table 4.01.1 to include a new line entitled “dermal pigmentation establishment, permanent”, and identify it as permitted as a Special Use in the M-B Zoning District.

Requested Action As per the direction of the Village Board, staff requests that the Plan Commission further deliberate the issue of creating the new use “dermal pigmentation establishment” to be permitted in the M-B Manufacturing and Business Zoning District as a Special Use and consider staff’s recommended text amendments, as presented above, to that effect. Documents Attached

1. Zoning Text Amendment Application 2. February 4, 2020 Village Board Request for Board Action 3. January 23, 2020 CORB Minutes (Draft) 4. November 19, 2019 Village Board Request for Board Action 5. November 6, 2019 Plan Commission Meeting Minutes Excerpt 6. November 6, 2019 Plan Commission Staff Report 7. October 2, 2019 Committee of the Whole Staff Report 8. Village-Wide Zoning Map 9. Excerpt of Table 4.01.1 Permitted and Special Uses in All Zoning Districts 10. Resident Petition

REFERRED TO BOARD: February 4, 2020 AGENDA ITEM NO: 5


SUBJECT: Consideration of a Recommendation by the Committee for Ordinances, Rules and Boards (CORB) that the Village Board Remand Plan Commission Case #PC-19-19 to the Plan Commission for Further Deliberation on the Issue of Creating the New Use “Dermal Pigmentation Establishment” to be Permitted in the M-B Manufacturing and Business District as a Special Use

SUMMARY AND BACKGROUND OF SUBJECT MATTER:

In 2019, a property owner requested that the Village consider a zoning Text Amendment to clarify the permissibility of tattoo parlors in the community’s commercial districts. The only provision that specifically mentions this use prohibits the use in the B-1 Traditional Business Zoning District, Business/Residential Transition Overlay. Otherwise, the Zoning Ordinance is unclear regarding the permissibility of tattoo parlors in other parts of the community. Since that request was submitted to staff, the following deliberations have taken place:

On October 2, 2019, the Village Board Committee of the Whole discussed the matter prior toreferring it to the Plan Commission for a public hearing, the Village Board discussedpotential approached regarding the regulation of tattoo parlors, including where they maybe most appropriate, whether they should require Special Use approval, and if they shouldbe included under the definition of other uses, such as “personal services establishment”.During its discussion, the Village Board had several questions related to the operation of atattoo parlor. The Petitioner provided information related to licensing, inspections, andoversight by the State of Illinois related to regulations aimed at minimizing blood-borneillnesses. Outside of these special licensing requirements and monitoring that all tattooparlors are subject to, the proposed use was discussed as operating similar to other types ofuses considered personal service establishments.

Following the Village Board referral but prior to the Plan Commission public hearing,staff received an inquiry about the permissibility of microblading, which is a semi-permanent cosmetic eyebrow procedure that is less invasive than tattooing, but requiresspecific certifications and health oversight due to the risk of blood-borne pathogens.Given the apparent similarities between microblading and tattooing, staff determinedthat it was appropriate to include discussion of microblading and other semi-permanentpigmentation services in the discussion related to the permissibility of tattoo parlors.


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During a public hearing held on November 6, 2019 regular meeting, the Plan Commissioners opined that tattoo parlors are similar in operation to hair salons, cosmetician services, and other related uses covered under the definition of “personal service establishments”. The Commission found that there is reason to treat them differently than those similar uses from a regulatory standpoint. Based on that opinion, the Plan Commission unanimously approved a motion recommending the following Zoning Ordinance Text Amendments:



During the November 19, 2019 Village Board meeting, staff presented the matter and summarized the Plan Commission’s discussion and recommendation. The Board then referred the matter to CORB for further discussion.

Following the November 19, 2019 Village Board meeting, staff received a petition signed by 40 Lincolnwood residents. The header of the petitions states that “the Village of Lincolnwood Government now considers allowing Tattoo Parlors. As signed below, we Lincolnwood residents do not want Tattoo Parlors to be allowed in our Village.” The petition is included as an attachment to this report.

During the January 23, 2020 CORB meeting, Trustees discussed appropriate locations for “dermal pigmentation establishments” in the community. Members of Commission in attendance concurred that such a use is most appropriate in the M-B Manufacturing and Business zoning district. A motion was passed remanding the case back to the Plan Commission to hold a public hearing regarding a recommendation to permit “dermal pigmentation establishments” in the M-B Manufacturing and Business zoning district. It should be noted that members of CORB felt it is appropriate to permit microblading and other services related to cosmeticians and salons as a component of “personal service establishments.”

FINANCIAL IMPACT: None VILLAGE ATTORNEY REVIEW: The Village Attorney drafted the Ordinance originally presented to the Village Board on November 19, 2019. The Village Attorney also provided guidance regarding the constitutionality of regulating tattoo parlors and attended the January 23, 2020 CORB meeting by conference call.

DOCUMENTS ATTACHED:

1. January 23, 2020 CORB Minutes (Draft) 2. November 19, 2019 Village Board Request for Board Action 3. November 6, 2019 Plan Commission Meeting Minutes Excerpt 4. November 6, 2019 Plan Commission Staff Report 5. October 2, 2019 Committee of the Whole Staff Report 6. Village-Wide Zoning Map 7. Excerpt of Table 4.01.1 Permitted and Special Uses in All Zoning Districts 8. Resident Petition

RECOMMENDED MOTION: Move to approve a recommendation by the Committee for Ordinances, Rules and Boards (CORB) that the Village Board remand Plan Commission Case #PC-19-19 to the Plan Commission for further deliberation on the issue of creating the new use “dermal pigmentation establishment” to be permitted in the M-B Manufacturing and Business District as a Special Use.

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VILLAGE OF LINCOLNWOOD COMMITTEE OF ORDINANCES, RULES, AND BUILDINGS

REGULAR MEETING VILLAGE HALL BOARD CONFERENCE ROOM

JANUARY 23, 2020

DRAFT

Call to Order

Trustee Cope called the regular meeting of the Lincolnwood Committee of Ordinances, Rules, and Buildings (CORB) to order at 8:34 AM Thursday, January 23, 2020, in the Board Conference Room of the Municipal Complex at 6900 N. Lincoln Avenue, Village of Lincolnwood, County of Cook, and State of Illinois.

Roll Call

On roll call by Assistant Village Manager Charles Meyer the following were:

PRESENT: Trustees Hlepas Nickell, Sargon

ABSENT: Trustee Cope

A quorum was present.

Also present: Trustee, Jesal Patel; Village Manager, Anne Marie Gaura; Assistant Village Manager, Charles Meyer; Doug Hammel, Development Manager; Management Analyst for Fire / Community Development, Jake Litz; and Steve Elrod, Village Attorney was present via telephone.

Consideration of Minutes

A motion was made by Trustee Hlepas Nickell to approve the minutes for November 12, 2019 as presented. The motion was seconded by Trustee Sargon. The motion was approved via a voice vote.

New Business

A) Tattoo Parlor Permissibility

The topic was presented by Doug Hammel using PowerPoint

• Mr. Hammel stated that tattoo parlors and associated activities are not explicitly prohibited by the Code. As part of the process staff completed research looking at comparable communities and found no consistent or specific regulations in place related to this topic.

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• Mr. Hammel added that the Village had received a request for microblading, which has a similar cosmetic service and looked for coherence in regulations.

• In summarizing the legislative history of this topic until this point, Mr. Hammel stated that at the conclusion of their deliberations, the Plan Commission found this to be most aligned with a service establishment.

• Trustee Nickell asked if the hours requested for this business were more in line with the hours for a restaurant-type use which is different than what would be expected of a typical personal services establishment.

o Mr. Hammel stated that by Code that no business within 75 feet of a residential property must operate with the hours requested for this use of working no later than 11:00 pm.

• Trustee Nickell asked if the applicant was notified of this meeting. o Mr. Meyer and Mr. Hammel stated that the property owner / applicant was

notified of the CORB meeting. • Trustee Sargon said that microblading is more semi-permanent so was not sure if it

would fall into the cosmetic category. • Trustee Nickell asked about the legal guidance on this matter.

o Attorney Elrod stated that when considering tattoo parlors that the Board should think of this as a clean state and that the Village should look at the entire map of the Village to picture where these uses should be deemed appropriate in the Village and where the Village Board would deem these types of uses as inappropriate so that potential users would know where the use may be allowed.

o Attorney Elrod added that once you deem it appropriate, the Village Board will need to determine if it is a permitted use or a special use to determine if a public hearing process to determine if someone’s particular use is in compliance with the Village Code

• Trustee Sargon stated it would make sense that this use in the MB may be appropriate • Trustee Nickell said that she envisions a reimagining of the MB area of the Village

with a revitalization of that area and the potential use of tattoo parlors may be well suited for that area.

• After deliberating, Trustee Sargon made a motion to recommend that the Village Board remand the entire application back to the Plan Commission so that the Plan Commission can consider a limited definition of consisting of dermal pigmentation and mapping of that use solely within the MB District and only as a special use. It was further recommended as part of the motion that the Village Board further recommends that the Plan Commission conduct a special use for the new public hearing. The motion was seconded by Trustee Hlepas Nickell and passed via a voice vote.

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Good of the Order

o Trustee Sargon voiced a concern about the windows being boarded up on vacant properties and if there were any issues with having signage blocking the windows from a public safety perspective.

o Mr. Hammel provided an overview of the issue and said that it may not be considered a sign and trigger the rules for signage in the window. Mr. Hammel stated that in speaking with the Fire Chief and Police Chief and they did not have a concern with windows being covered.

o Trustee Nickell said if we were to look back at this topic that commercial spaces are not covered over indefinitely

o Ms. Gaura stated that staff would be conducting research on what other communities do in regarding to signage for vacant properties

Public Forum

None

Adjournment

Trustee Sargon made a motion to adjourn the meeting of CORB. The motion was seconded by Trustee Hlepas Nickell. The meeting concluded at 9:17 a.m.

Respectfully Submitted,

Charles Meyer Assistant Village Manager

REFERRED TO BOARD: November 19, 2019 AGENDA ITEM NO: 8 ORIGINATING DEPARTMENT: Community Development SUBJECT: Consideration of a Recommendation by the Plan Commission to Adopt an Ordinance

Amending the Zoning Code to Clarify the Permissibility of Tattoo Parlors SUMMARY AND BACKGROUND OF SUBJECT MATTER: Damien C. Kardaras, Petitioner, has requested the Village’s consideration of a Zoning Text Amendment to clarify the permissibility of tattoo parlors in the Village. Recently, a Business License application was denied for a tattoo parlor at a property owned by the Petitioner in the B-2 General Business Zoning District. The application was denied based on the fact that the proposed use was interpreted by staff to be a “tattoo parlor”, and that use is not explicitly permitted as per Table 4.01.1 Permitted and Special Uses in All Zoning District of the Zoning Ordinance. In reviewing the Business License Application referenced above, staff considered whether “tattoo parlors” fall under the zoning category of a “personal service establishment. That definition reads as follows: “PERSONAL SERVICE ESTABLISHMENT: A business that provides personal services directly to customers at the site of the business or that receives goods from or returns goods to the customer which have been treated or processed at another location, including, without limitation, travel agencies, dry cleaning and laundry drop-off and pickup stations, tailors, hair stylists, cosmeticians, toning or tanning salons, currency exchanges, postal substations, package delivery and pickup stations, shoe repair shops, interior design studios, dance and martial arts studios, and domestic pet services.” Since the definition does not specifically mention tattoo parlors, staff determined that use to be prohibited based on the legal basis that a use that is not explicitly designated as permitted is by default prohibited. Village Board Referral On October 2, 2019, the Village Board discussed this matter and referred it to the Plan Commission. As part of that discussion, the Village Board discussed the following policy questions: What zoning districts are “Tattoo parlor” most appropriate? Trustees suggested that proposed use could be permitted in other areas outside of the B-1 Traditional Business zoning district, Business-Residential Transition Overlay, where it is explicitly prohibited. Trustees requested that the Plan Commission consider which areas of the Village or zoning districts may be most appropriate for allowing this use. Trustees recommended that it be considered a Special Use.


https://ecode360.com/15343728#15343728

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Should they be considered a permitted use similar to “personal service establishments”? Staff presented various options for how tattoo parlors could be regulated in the Zoning Ordinance. One of those options is to amend the definition of “personal services establishment” to specifically include tattoo parlors. This approach would allow for the use as follows:

• In the B-1 and B-2 districts, tattoo parlors with a gross floor area of less than 2,000 square feet would be permitted;

• In the B-1 and B-2 districts, tattoo parlors with a gross floor area greater than 2,000 square feet would require Special Use approval; and

• In the B-3 districts, all tattoo parlors, regardless of gross floor area, would be permitted. The other option presented by staff is to create a new line item in Table 4.01.1 that specifically regulates tattoo parlors in different zoning districts as its own distinct use. Are there any special regulations or considerations that should apply to “tattoo parlors”? During its discussion, the Village Board had several questions related to the operation of a tattoo parlor. The Petitioner provided information related to licensing, inspections, and oversight by the State of Illinois related to regulations aimed at minimizing blood-borne illnesses. Outside of these special licensing requirements and monitoring that all tattoo parlors are subject to, the proposed use was discussed as operating similar to other types of uses considered personal service establishments. Plan Commission Public Hearing The Plan Commission held a public hearing on this matter during its November 6, 2019 regular meeting. Staff presented various options regarding how the permissibility of tattoo parlors could be clarified in the code. In addition to the policy questions discussed by the Village Board, the Plan Commission discussed how other similar uses, such as microblading, could be addressed, given that such uses require State of Illinois Department of Health oversight and certain licensing. Plan Commissioners concurred that tattoo parlors are similar in operation to hair salons, cosmetician services, and other related uses covered under the definition of “personal service establishments”. The Commission does not believe there is reason to treat them differently than those similar uses from a regulatory standpoint. Based on that opinion, the Plan Commission unanimously approved a motion recommending the following Zoning Ordinance Text Amendments, which are reflected in the proposed Ordinance attached to this report:

• Amend the definition of “personal service establishments” in Section 2.02 of the Zoning Ordinance to include “dermal pigmentation establishments”; and

• Amend Section 2.02 of the Zoning Ordinance to include a definition for “dermal pigmentation establishments” that reads “any establishment, except a hospital or other facility operated by a licensed medical practitioner, where the act of puncturing the skin and inserting indelible colors to create permanent or semi-permanent pigmentation or color is performed.”

This would make “dermal pigmentation establishments”, including tattoo parlors, microblading services, and other uses where the skin is punctured for the purposes of permanent or semi-permanent pigmentation, permitted as follows:


• In the B-1 and B-2 districts, tattoo parlors with a gross floor area greater than 2,000 square feet would require Special Use approval; and

• In the B-3 districts, all tattoo parlors, regardless of gross floor area, would be permitted. FINANCIAL IMPACT: None

VILLAGE ATTORNEY REVIEW: The Village Attorney advised staff regarding various options for clarifying the permissibility of tattoo parlors in the Village, and provided commentary during the Plan Commission public hearing in response to discussions held at that time. The Village Attorney reviewed the proposed Text Amendment language and drafted the attached Ordinance for consideration. DOCUMENTS ATTACHED:

1. Proposed Ordinance 2. November 6, 2019 Plan Commission Meeting Minutes (draft) 3. November 6, 2019 Plan Commission Staff Report 4. Zoning Text Amendment Application 5. October 2, 2019 Committee of the Whole Staff Report 6. Village-wide Zoning Map 7. Excerpt of Table 4.01.1 Permitted and Special Uses in All Zoning Districts

RECOMMENDED MOTION: Move to approve a proposed Ordinance amending the Zoning Code to clarify the permissibility of “dermal pigmentation establishments”, which include tattoo parlors and other similar uses or services.

Excerpt from the November 6, 2019 Plan Commission Regular Meeting

VI. Case #PC-19-19: Zoning Code Text Amendment – Consideration of a Text Amendment to Clarify the Permissibility of Tattoo Parlors in the B-1, B-2, B-3, and M-B Zoning Districts

VII. Case #PC-20-19: 3940 West Touhy Avenue – Special Use request for a Tattoo Parlor at 3940-46 West Touhy Avenue

Chairman Yohanna announced Case #PC-19-19 for consideration of a request by Damien Kardaras, Property Owner at 3940 West Touhy Avenue, to consider a Zoning Code Text Amendment clarifying the permissibility of tattoo parlors in the B-1 Traditional Business, B-2 General Business, B-3 Village Center PD, and M-B Manufacturing and Business Zoning Districts, and Case #PC-20-19 for consideration of a request by Damien Kardaras, Property Owner, to approve a Special Use to allow a tattoo parlor 3940-46 West Touhy Avenue.

Development Manager Hammel provided background on this proposed Text Amendment and whether or not a tattoo parlor would be considered under the definition of a “personal service establishment”. The only instance where tattoo parlors are explicitly mentioned is in Section 4.07(2)d, where they are specifically listed as a prohibited use in the B-1 Traditional Business Zoning District, Business/Residential Transition Overlay. Ben Schuster confirmed that since the definition of a “personal service establishment” does not specifically mention tattoo parlors, it is staff’s belief, since the use is not explicitly designed as permitted, that it would be prohibited by default. Discussion items include what zoning districts are most appropriate should tattoo parlors be considered a permitted use similar to personal service establishments, or should any special regulations or considerations apply. Another option is to create a new line item in Table 4.01.1 Permitted and Special Uses in All Zoning Districts that specifically regulates tattoo parlors in different zoning districts as its own distinct use. The definition of a “personal service establishment” is “a business that provides personal services directly to customers at the site of the business or that receives goods from or returns goods to the customer which have been treated or processed at another location, including, without limitation, travel agencies, dry cleaning and laundry drop-off and pickup stations, tailors, hair stylists, cosmeticians, toning or tanning salons, currency exchanges, postal substations, package delivery and pickup stations, shoe repair shops, interior design studios, dance and martial arts studios, and domestic pet services.” Other policy considerations may include if such uses could be regulated by drafting a use definition that more broadly covers invasive or semi-invasive procedures that require specific certifications and oversight by the Illinois Department of Public Health, if such uses could be regulated as “personal service establishments” by amending the definition to include semi-invasive procedures, thereby recognizing them as services that could be available as part of traditional salons, or if such

Village of Lincolnwood Plan Commission Meeting Minutes November 6, 2019

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uses could be regulated independently of tattoo parlors and “personal service establishments” based on where they may be permitted or any specific use regulations deemed appropriate. There was discussion whether or not establishments that puncture the skin be treated the same as cosmeticians or estheticians and if the definition of a “personal service establishment” already includes tattoo parlors. Chairman Yohanna asked staff to clarify the words “without limitation” in this definition. The Village’s interpretation of the definition is not inclusive, and tattoo parlors are considered a distinct and separate use. Staff presented research of how other neighboring communities regulate tattoo parlors. It is staff’s recommendation the definition should state specifically whether or not tattoo parlors should or should not be included so as to remove any ambiguity. Development Manager Hammel reviewed the Special Use Standards. Chairman Yohanna swore in the Petitioners Damien Kardaras and Kaitlyn Moskowitz. The space was previously occupied by a salon that included aestheticians. An aesthetician is a person who deals with skin issues including fading of scarring, the application of acids in order to peel skin tissue, and puncturing of the skin to remove blemishes. Aestheticians are licensed by the State of Illinois Department of Public Health and require yearly training and certification. Ms. Moskowitz stated the difference between aestheticians and tattoo parlors is aestheticians sanitize their equipment where tattoo parlors use disposable equipment. Most body art establishments utilize an all disposable type of system, further eliminating the chance for contamination.

Chairman Yohanna announced the discussion will include Case #PC-20-19 as this case is dependent upon approval of the Text Amendment. Development Manager Hammel stated the existing facility would be used largely as is and operational characteristics of the proposed use are similar to other uses permitted in this area. Public comment consisted of one call from a neighbor.

Chairman Yohanna asked if there was anyone from the audience who would like to address the Plan Commission. Chairman Yohanna swore in the witnesses. Reverend and Mrs. Samkutty, 3938 West Fitch Avenue, expressed their concerns about a tattoo parlor located in Lincolnwood. Village Trustee Georjean Hlepas Nickell spoke to clarify the statement from Mr. Kardaris that there was unanimous approval from the Committee of the Whole. The consensus was to direct the issue of tattoo parlors to the Plan Commission for discussion. Furthermore, there was no decision made by the Committee of the Whole for this specific request. Development Manager Hammel recommended that, based on the discussion among the Plan Commission, the “personal service establishment” definition in Section 2.02 could be amended to include the words “dermal pigmentation establishment”. Chairman Yohanna believes the inclusion “without limitation” means no personal service establishments should be excluded.


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Chairman Yohanna asked if there was anyone from the audience who would like to address the Plan Commission. Let the record state no one came forward. With no further discussion, Chairman Yohanna requested a motion. Motion to recommend approval of a Zoning Code Text Amendment to include “dermal pigmentation establishments, generally to include tattoo parlors, microblading services, and other similar activities, in the definition of “personal service establishments” and to keep the prohibition of tattoo parlors in the B-1 Traditional Business Zoning District, Business/Residential Transition Overlay District, was made by Commissioner Jakubowski and seconded by Commissioner Novoselsky. Case #PC-19-19 will be heard at the November 19, 2019 meeting of the Village Board. Aye: Jakubowski, Novoselsky, Auerbach, Kohn, and Yohanna Nay: None Motion Approved: 5-0 Motion to recommend approval for a Special Use to operate a tattoo parlor at 3940-46 West Touhy Avenue was made by Commissioner Jakubowski and seconded by Commissioner Novoselsky. Commissioner Jakubowski reviewed the Standards for Granting Special Uses. Case #PC-20-19 will be heard at the November 19, 2019 meeting of the Village Board. Aye: Jakubowski, Novoselsky, Auerbach, Kohn, and Yohanna Nay: None Motion Approved: 5-0


November 6, 2019 Subject: Request for a Text Amendment Related to the Permissibility of Tattoo Parlors in the B-1, B-2, B-3, and M-B Zoning Districts

Petitioner: Damien C. Kardaras, E.A Notification: Notice was published in the Lincolnwood Review on October 17, 2019. Background Damien C. Kardaras, petitioner, has requested the Village’s consideration of a Zoning Text Amendment to clarify the permissibility of tattoo parlors in the Village. Recently, a Business License application was processed and denied for a tattoo parlor at a property owned by the Petitioner as the property is in the B-2 General Business Zoning District. The application was denied based on the fact that the proposed use was interpreted by staff to be a “tattoo parlor”, and that use is not explicitly permitted as per Table 4.01.1 Permitted and Special Uses in All Zoning District of the Zoning Ordinance. Regulatory Context As stated above, Table 4.01.1 Permitted and Special Uses in All Zoning Districts does not explicitly list “tattoo parlor” in its list of uses. The only instance where “tattoo parlors” are explicitly mentioned in the Zoning Ordinance is in Section 4.07(2)d, where they are specifically listed as a prohibited use in the B-1 Traditional Business zoning district, Business/Residential Transition Overlay. This mentioning of the use, however, does not state that the use is generally permitted in any other zoning district. In reviewing the Business License Application referenced above, staff considered whether “tattoo parlors” fall under the zoning category of a “personal service establishment. That definition reads as follows: “PERSONAL SERVICE ESTABLISHMENT: A business that provides personal services directly to customers at the site of the business or that receives goods from or returns goods to the customer which have been treated or processed at another location, including, without limitation, travel agencies, dry cleaning and laundry drop-off and

https://ecode360.com/15343728#15343728

Text Amendment Regarding Tattoo Parlors November 6, 2019

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pickup stations, tailors, hair stylists, cosmeticians, toning or tanning salons, currency exchanges, postal substations, package delivery and pickup stations, shoe repair shops, interior design studios, dance and martial arts studios, and domestic pet services.” Since the definition does not specifically mention tattoo parlors, staff defaulted to the position that a use not explicitly designated as permitted is by default prohibited. Village Board Referral On October 2, 2019, the Village Board discussed this matter and referred it to the Plan Commission. As part of that discussion, the Village Board discussed the following policy questions: What zoning districts are “Tattoo parlor” most appropriate? Trustees suggested that proposed use could be permitted in other areas outside of the B-1 Traditional Business zoning district, Business-Residential Transition Overlay, where it is explicitly prohibited. Trustees requested that the Plan Commission consider which areas of the Village or zoning districts may be most appropriate for allowing this use. Trustees recommended that it be considered a Special Use. Should they be considered a permitted use similar to “personal service establishments”? Staff presented various options for how tattoo parlors could be regulated in the Zoning Ordinance. One of those options is to amend the definition of “personal services establishment” to specifically include tattoo parlors. This approach would allow for the use as follows:


• In the B-3 districts, all tattoo parlors, regardless of gross floor area, would be permitted; and

• In the B-1 and B-2 districts, tattoo parlors with a gross floor area greater than 2,000 square feet would require Special Use approval.

The other option presented by staff is to create a new line item in Table 4.01.1 that specifically regulates tattoo parlors in different zoning districts as its own distinct use. Are there any special regulations or considerations that should apply to “tattoo parlors”? During its discussion, the Village Board had several questions related to the operation of a tattoo parlor. The Petitioner provided information related to licensing, inspections, and oversight by the State of Illinois related to regulations aimed at minimizing blood-borne illnesses. Outside of these special licensing requirements and monitoring that all tattoo parlors are subject to, the proposed use was discussed as operating similar to other types of uses considered personal service establishments.


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Other Policy Considerations In addition to the input from the Village Board described above, the Plan Commission may consider the following regarding this request. Tattoo parlors in neighboring communities Neighboring communities vary in terms of how they regulate tattoo parlors. For example, the City of Evanston specifically states that tattoo parlors are not included in their definition of “retail services establishment”, but does not specifically state where the use is permitted or prohibited. Skokie allows the use in three of its districts, including its mixed-use districts, and includes regulations that reference Illinois state law. Morton Grove and Park Ridge do not specifically mention tattoo parlors in their zoning codes. Regulating other related uses While the Petitioner’s request specifically relates to tattoo parlors, other similar uses could be accommodated through this text Amendment process. For example, microblading is a semi-permanent cosmetic eyebrow procedure that is less invasive than tattooing, but requires specific certifications and health oversight due to the risk of blood-borne pathogens. The Text Amendment under consideration could address microblading and other such activities in a number of ways, including the following:

• Such uses could be regulated similarly to tattoo parlors by drafting a use definition that more broadly covers invasive or semi-invasive procedures that require specific certifications and oversight by the Illinois Department of Health;

• Such uses could be regulated as personal service establishments by amending that use definition to include semi-invasive procedures, thereby recognizing them as services that could be available as part of traditional salons; or

• Such uses could be regulated independently of tattoo parlors and personal service establishments, if the Plan Commission feels it is appropriate to do so based on where they may be permitted or any specific use regulations that may be deemed appropriate.

Recommended Text Amendment Depending on the opinion of the Plan Commission, staff recommends one of the following Zoning Text Amendments related to tattoo parlors and similar uses:

• If the Plan Commission prefers to regulate tattoo parlors and other similar activities in the same manner as other cosmetics-oriented activities, staff recommends amending the definition of “personal service establishment” in Section 2.02 of the Zoning Ordinance to specifically include “permanent or semi-permanent dermal pigmentation”.

• If the Plan Commission prefers to regulate tattoo parlors and other similar activities separately from personal service establishments but in a consistent manner, staff recommends the following:

o Amend Table 4.01.1 Permitted and Special Uses in All Zoning Districts to include a line item for “dermal pigmentation establishment” and indicate in which districts the use is allowed as a permitted or special use; and

o Amend Section 2.02 to include a definition of “dermal pigmentation establishment” to read “any establishment, except a hospital or other facility operated by a licensed medical practitioner, where the act of


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puncturing the skin and inserting indelible colors to create permanent or semi-permanent pigmentation or color is performed”.

• If the Plan Commission prefers to regulate tattoo parlors and other similar activities separately from personal service establishments and one another, staff recommends the following:

o Amend Table 4.01.1 Permitted and Special Uses in All Zoning Districts to include new line items for “dermal pigmentation: permanent” and “dermal pigmentation: semi-permanent”, and indicate in which districts each use is allowed as a permitted or special use;

o Amend Section 2.02 to include a definition of “dermal pigmentation establishment: permanent” to read “any establishment, except a hospital or other facility operated by a licensed medical practitioner, where the act of puncturing the skin and inserting indelible colors to create permanent pigmentation or color is performed, often associated with tattoos”; and

o Amend Section 2.02 to include a definition of “dermal pigmentation establishment: semi-permanent” to read “any establishment, except a hospital or other facility operated by a licensed medical practitioner, where the act of puncturing the skin and inserting indelible colors to create semi-permanent pigmentation or color is performed, often associated with hair salons or cosmeticians”.

Requested Action Staff requests that the Plan Commission discuss the policy questions presented in this report, and recommend a Zoning Text Amendment that appropriately regulates dermal pigmentation establishments based on their relationship to personal service establishments and the permanent or semi-permanent nature of the pigmentation. Documents Attached

1. Zoning Text Amendment Application 2. October 2, 2019 Committee of the Whole Staff Report 3. Village-wide Zoning Map 4. Table 4.01.1 Permitted and Special Uses in All Zoning Districts

MEMORANDUM TO: Anne Marie Gaura, Village Manager FROM: Douglas Hammel, AICP, Community Development Manager DATE: October 2, 2019 SUBJECT: Requested Consideration of a Text Amendment Regarding the Permissibility of Tattoo Parlors Background Staff has received a request from Damien Kardaras, Petitioner, to consider a potential Zoning Text Amendment regarding the permissibility of tattoo parlors in the Village. Recently, staff processed and denied a Business License Application for a tattoo parlor at a property owned by the Petitioner. (The property is in the B-2 General Business zoning district.) The application was denied based on the fact that the proposed use was interpreted by staff to be a “tattoo parlor”, and that use is not explicitly permitted as per Table 4.01.1 Permitted and Special Uses in All Zoning Districts of the Zoning Ordinance. Regulatory Context As stated above, Table 4.01.1 Permitted and Special Uses in All Zoning Districts does not explicitly list “tattoo parlor” in its list of uses. The only instance where “tattoo parlors” are explicitly mentioned in the Zoning Ordinance is in Section 4.07(2)d, where they are specifically listed as a prohibited use in the B-1 traditional Business zoning district, Business/Residential Transition Overlay. This mentioning of the use, however, does not state that the use is generally permitted in any other zoning district. In reviewing the Business License Application referenced above, staff considered whether “tattoo parlors” fall under the zoning category of a “personal service establishment. That definition reads as follows: “PERSONAL SERVICE ESTABLISHMENT: A business that provides personal services directly to customers at the site of the business or that receives goods from or returns goods to the customer which have been treated or processed at another location, including, without limitation, travel agencies, dry cleaning and laundry drop-off and pickup stations, tailors, hair stylists, cosmeticians, toning or tanning

https://ecode360.com/15343728#15343728

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salons, currency exchanges, postal substations, package delivery and pickup stations, shoe repair shops, interior design studios, dance and martial arts studios, and domestic pet services.” Since the definition does not specifically mention tattoo parlors, staff defaulted to the position that a use not explicitly designated as permitted is by default prohibited. Policy Questions Staff is seeking policy guidance from the Village Board on the following questions:

• Are “tattoo parlors” an appropriate use in the Village? • If so, in what zoning districts are they most appropriate? • Should they be considered a permitted use similar to “personal service establishments”

(currently permitted in the B-1, B-2 and B-3 zoning districts, with such uses of greater that 2,000 gross floor area requiring Special Use approval in the B-1 and B-2 zoning districts), or should they require Special Use approval in districts in which they are permitted?

• Are there any special regulations or considerations that should apply to “tattoo parlors”?

Financial Impact None. Recommendation Staff is seeking guidance from the Village Board regarding the [policy question presented in this report, and a referral to the Plan Commission regarding the permissibility of tattoo parlors in various zoning districts. Documents Attached

1. Village Zoning Map

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Zoning District LegendR1 Residential

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Residential Business OfficeManufacturing/

Business Public Schools Standard

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15 Attachment 1:4 Supp 44, Jul 2019

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SUBJECT: Consideration of a Recommendation by the Plan Commission to Approve a Special Use for a “Dermal Pigmentation Establishment, Permanent” (Tattoo Parlor) at 3940-46 West Touhy Avenue

SUMMARY AND BACKGROUND OF SUBJECT MATTER: Damien Kardaras, Petitioner, seeks approval of a “dermal pigmentation establishment, permanent” (tattoo parlor) at 3940-46 West Touhy Avenue, which was previously leased as a beauty salon and spa. The property is located in the B-2 General Business zoning district.

It should be noted that any action from the Village Board regarding this request is subject to the result of a previous item on the March 18, 2020, Village Board agenda related to a Zoning Text Amendment to clarify the permissibility of this use at the subject property. Depending on the Board’s actions related to that item, the following Board actions related to this Special Use request may be relevant:

Should the Board modify or reject the PlanCommission’s Zoning Text Amendmentrecommendation and choose to regulate “dermal pigmentation establishments, permanent” in a mannerthat prohibits that use at 3940-46 West Touhy Avenue, this Special Use request is no longer relevant and nofurther Board action is necessary since the use would be prohibited; or

Should the Board concur with the Plan Commission’s recommended Zoning Text Amendment and chooseto regulate “dermal pigmentation establishments, permanent” in a manner that would permit the use as aSpecial Use at 3940-46 West Touhy Avenue, it is then requested that the Board consider the PlanCommission’s recommendations related to that request as described in this report.

Village Board Committee of the Whole DiscussionDuring the October 3, 2019, Village Board Committee of the Whole meeting, the Petitioner provided a description of the proposed use. (It is not required that a Special Use seek an opinion of the Board prior to the formal Plan Commission public hearing. However, the Petitioner presented facts about the proposed use at the subject location as part of the Text Amendment referral regarding the proposed use.) He stated that the use would occupy a space formerly used as a salon, so there is minimal impact on the existing building or property. The Petitioner also reiterated that the services and those who provide them are subject to training and certification, as well as oversight from the State of Illinois Department of Public Health. The proposed location would accommodate up to five artists, and appointments would last several hours. The proposed hours of operation would be consistent with what is permitted in the Zoning Ordinance.


November 4, 2019 Plan Commission Public HearingThe Plan Commission held a public hearing on this matter during its November 6, 2019 regular meeting. This hearing was held despite the fact that, at that time, the Plan Commission recommended that this use be permitted without Special Use approval in the B-2 zoning district, so long as the gross floor area of the use is less than 2,000 square feet. The Village Attorney advised that the Plan Commission hearing should be held in the event that the Board determines that the Text Amendment be modified to require that a Special Use approval is necessary.

During the public hearing, the Petitioner reiterated the characteristics of the use that were presented to the Village Board on October 3. The Plan Commission then reviewed each of the Special Use standards included in the Zoning Ordinance and found that the proposed use was not in conflict with any of those standards. The Plan Commission unanimously approved a motion recommending approval of the proposed use at the subject property, subject to the action of the Village Board regarding the related Zoning Text Amendment.

November 19, 2019 Village Board MeetingOn November 19, 2019, the Special Use request was continued to a future date to allow for further deliberation regarding the permissibility of the proposed use in the B-2 zoning district.

March 4, 2020 Plan Commission Public HearingOn March 4, 2020, the Plan Commission held a subsequent public hearing related to a Text Amendment that would impact this request. During that hearing, the Plan Commission recommended that “dermal pigmentation establishments, permanent” be permitted as a Special Use in the B-2 zoning district. That recommendation, if enacted by the Board, would make the Plan Commission’s recommendation above relevant as it relates to the approval of a “dermal pigmentation establishment, permanent” as a Special Use at the subject property. During this hearing, it was noted that the Plan Commission did not have to take action regarding the Special Use request, as the previous recommendation of approval is still valid. Therefore, the Special Use request was not discussed.


VILLAGE ATTORNEY REVIEW: The Village Attorney provided commentary during the Plan Commission public hearing regarding the relationship between this Special Use request and the recommendation that the Plan Commission had previously made regarding the Zoning Text Amendment.

DOCUMENTS ATTACHED: 1. November 6, 2019 Plan Commission Meeting Minutes2. November 6, 2019 Plan Commission Staff Report3. Special Use Application4. Interior Floor Plan5. Exterior Photo of the Subject Property

RECOMMENDED MOTION:Move to approve a recommendation by the Plan Commission to approve a Special Use for a “dermal pigmentation establishment, permanent” (tattoo parlor) at 3940-46 West Touhy Avenue, and to direct the Village Attorney to draft and Ordinance to that effect.

Excerpt from the November 6, 2019 Plan Commission Regular Meeting

VI. Case #PC-19-19: Zoning Code Text Amendment – Consideration of a Text Amendment to Clarify the Permissibility of Tattoo Parlors in the B-1, B-2, B-3, and M-B Zoning Districts

VII. Case #PC-20-19: 3940 West Touhy Avenue – Special Use request for a Tattoo Parlor at 3940-46 West Touhy Avenue

Chairman Yohanna announced Case #PC-19-19 for consideration of a request by Damien Kardaras, Property Owner at 3940 West Touhy Avenue, to consider a Zoning Code Text Amendment clarifying the permissibility of tattoo parlors in the B-1 Traditional Business, B-2 General Business, B-3 Village Center PD, and M-B Manufacturing and Business Zoning Districts, and Case #PC-20-19 for consideration of a request by Damien Kardaras, Property Owner, to approve a Special Use to allow a tattoo parlor 3940-46 West Touhy Avenue.

Development Manager Hammel provided background on this proposed Text Amendment and whether or not a tattoo parlor would be considered under the definition of a “personal service establishment”. The only instance where tattoo parlors are explicitly mentioned is in Section 4.07(2)d, where they are specifically listed as a prohibited use in the B-1 Traditional Business Zoning District, Business/Residential Transition Overlay. Ben Schuster confirmed that since the definition of a “personal service establishment” does not specifically mention tattoo parlors, it is staff’s belief, since the use is not explicitly designed as permitted, that it would be prohibited by default.

Discussion items include what zoning districts are most appropriate should tattoo parlors be considered a permitted use similar to personal service establishments, or should any special regulations or considerations apply. Another option is to create a new line item in Table 4.01.1 Permitted and Special Uses in All Zoning Districts that specifically regulates tattoo parlors in different zoning districts as its own distinct use. The definition of a “personal service establishment” is “a business that provides personal services directly to customers at the site of the business or that receives goods from or returns goods to the customer which have been treated or processed at another location, including, without limitation, travel agencies, dry cleaning and laundry drop-off and pickup stations, tailors, hair stylists, cosmeticians, toning or tanning salons, currency exchanges, postal substations, package delivery and pickup stations, shoe repair shops, interior design studios, dance and martial arts studios, and domestic pet services.”

Other policy considerations may include if such uses could be regulated by drafting a use definition that more broadly covers invasive or semi-invasive procedures that require specific certifications and oversight by the Illinois Department of Public Health, if such uses could be regulated as “personal service establishments” by amending the definition to include semi-invasive procedures, thereby recognizing them as services that could be available as part of traditional salons, or if such


Page 2 of 3

uses could be regulated independently of tattoo parlors and “personal service establishments” based on where they may be permitted or any specific use regulations deemed appropriate.

There was discussion whether or not establishments that puncture the skin be treated the same as cosmeticians or estheticians and if the definition of a “personal service establishment” already includes tattoo parlors. Chairman Yohanna asked staff to clarify the words “without limitation” in this definition. The Village’s interpretation of the definition is not inclusive, and tattoo parlors are considered a distinct and separate use. Staff presented research of how other neighboring communities regulate tattoo parlors. It is staff’s recommendation the definition should state specifically whether or not tattoo parlors should or should not be included so as to remove any ambiguity. Development Manager Hammel reviewed the Special Use Standards.

Chairman Yohanna swore in the Petitioners Damien Kardaras and Kaitlyn Moskowitz.

The space was previously occupied by a salon that included aestheticians. An aesthetician is a person who deals with skin issues including fading of scarring, the application of acids in order to peel skin tissue, and puncturing of the skin to remove blemishes. Aestheticians are licensed by the State of Illinois Department of Public Health and require yearly training and certification. Ms. Moskowitz stated the difference between aestheticians and tattoo parlors is aestheticians sanitize their equipment where tattoo parlors use disposable equipment. Most body art establishments utilize an all disposable type of system, further eliminating the chance for contamination.

Chairman Yohanna announced the discussion will include Case #PC-20-19 as this case is dependent upon approval of the Text Amendment. Development Manager Hammel stated the existing facility would be used largely as is and operational characteristics of the proposed use are similar to other uses permitted in this area. Public comment consisted of one call from a neighbor.

Chairman Yohanna asked if there was anyone from the audience who would like to address the Plan Commission. Chairman Yohanna swore in the witnesses.

Reverend and Mrs. Samkutty, 3938 West Fitch Avenue, expressed their concerns about a tattoo parlor located in Lincolnwood.

Village Trustee Georjean Hlepas Nickell spoke to clarify the statement from Mr. Kardaris that there was unanimous approval from the Committee of the Whole. The consensus was to direct the issue of tattoo parlors to the Plan Commission for discussion. Furthermore, there was no decision made by the Committee of the Whole for this specific request.

Development Manager Hammel recommended that, based on the discussion among the Plan Commission, the “personal service establishment” definition in Section 2.02 could be amended to include the words “dermal pigmentation establishment”. Chairman Yohanna believes the inclusion “without limitation” means no personal service establishments should be excluded.


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Motion to recommend approval of a Zoning Code Text Amendment to include “dermal pigmentation establishments, generally to include tattoo parlors, microblading services, and other similar activities, in the definition of “personal service establishments” and to keep the prohibition of tattoo parlors in the B-1 Traditional Business Zoning District, Business/Residential Transition Overlay District, was made by Commissioner Jakubowski and seconded by Commissioner Novoselsky. Case #PC-19-19 will be heard at the November 19, 2019 meeting of the Village Board.

Aye: Jakubowski, Novoselsky, Auerbach, Kohn, and YohannaNay: NoneMotion Approved: 5-0

Motion to recommend approval for a Special Use to operate a tattoo parlor at 3940-46 West Touhy Avenue was made by Commissioner Jakubowski and seconded by Commissioner Novoselsky. Commissioner Jakubowski reviewed the Standards for Granting Special Uses. Case #PC-20-19 will be heard at the November 19, 2019 meeting of the Village Board.

Aye: Jakubowski, Novoselsky, Auerbach, Kohn, and YohannaNay: NoneMotion Approved: 5-0

Plan Commission Staff ReportCase # PC-20-19

November 6, 2019

Subject Property:3940-46 West Touhy Avenue

Zoning District: B-2 General Business

Petitioner: Damien C. Kardaras, E.A

Nature of Request: Approval of a Special Use for a tattoo parlor at 3940 West Touhy Avenue.

Notification: Notice was published in the Lincolnwood Review on October 17, Public Hearing Signs were installed at 3940-46 West Touhy Avenue, and mailed legal notices dated October 17, 2019 were provided to properties within 250 Feet.

BackgroundDamien Kardaras, Petitioner, seeks approval of a tattoo parlor at 3940-46 West Touhy Avenue, which was previously leased as a beauty salon and spa. The property is located in the B-2 General Business zoning district. For the purposes of zoning, a tattoo parlor is considered a “dermal pigmentation establishment”.

It should be noted that the permissibility of this use in the B-2 General Business zoning district and other commercial zoning districts is the focus of Case #PC-19-19, which is being heard immediately prior to this case on November 6, 2019. In Case #PC-19-19, if the Plan Commission approves a motion recommending that “dermal pigmentation establishments” be prohibited in the B-2 zoning district, it would be appropriate for the Plan Commission to table this request to December 4, 2019, pending the Village Board’s final approval of the Text Amendment that would enact that prohibition.

During the October 3, 2019, Village Board Committee of the Whole meeting, the Petitioner provided a description of the proposed use. He stated that the use would occupy

3940-46 West Touhy Avenue November 6, 2019

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a space formerly used as a salon, so there is minimal impact on the existing building or property. The Petitioner also reiterated that the services and those who provide them are subject to training and certification, as well as oversight from the State of Illinois Department of Health. The proposed location would accommodate up to five artists, and appointments would last several hours. The proposed hours of operation would be consistent with what is permitted in the Zoning Ordinance.

ConsiderationsThe Plan Commission may consider the following when discussing the appropriateness of the requested approval:

Pending Zoning Text AmendmentAs previously noted, the permissibility of the proposed use at the subject property is subject to a Zoning Text Amendment. At the time of drafting of this report, it is assumed that the proposed use, if permitted in the B-2 zoning district, would require Special Use approval. If the Plan Commission approves a Text Amendment recommendation to the contrary, this request will no longer be relevant.

Physical Impacts to the Subject PropertyThe Petitioner has stated to staff that the existing property can be used largely as-is. As a result, the petitioner anticipates little to no physical impacts to the subject property or to any surrounding properties. Staff presumes that any modifications that would be done to the property would be compliant with all zoning requirements, as no Variations are being sought as part of this request.

Operational Characteristics of the Proposed UseAccording to the Petitioner, the subject property can accommodate five artist stations. Based on this capacity and the nature of how appointments are scheduled, staff does not anticipate any parking or operational impacts above and beyond what would exist if the property hosted other uses permitted in the B-2 zoning district.

Public InputStaff has received no public input regarding this matter.

Requested ActionThe Petitioner seeks approval of a Special Use for the operation of a dermal pigmentation establishment at 3940-46 West Touhy Avenue, pending Village Board approval of a Zoning Text Amendment that would make such a use permitted as a special use in the B-2 Business District (Case #PC-19-19).

Documents Attached1. Special Use Application2. Interior Floor Plan3. Exterior Photo of the Subject Property4. November 6, 2019 Staff Report for Case #PC-19-19

REFERRED TO BOARD: March 18, 2020 AGENDA ITEM NO: 6 ORIGINATING DEPARTMENT: Village Manager’s Office SUBJECT: Consideration of an Ordinance Amending Article 6 of Chapter 5 of the Municipal Code of

Lincolnwood Regarding Emergency Management and Disaster Authority, and Consideration of the Extension of Any Emergency Declaration Entered Pursuant to Such Amendment

SUMMARY AND BACKGROUND OF SUBJECT MATTER: The Village of Lincolnwood has been focused on emergency preparedness and is working to limit the spread of the coronavirus or COVID-19. Article 6 of Chapter 5 of the Municipal Code of Lincolnwood, as amended, sets forth rules and regulations concerning the authority of the Village President to declare a state of emergency under certain circumstances and to issue executive orders to address the emergency, all as contemplated by Section 11-1-6 of the Illinois Municipal Code, 65 ILCS 5/11-1-6. As such, Article 6 of Chapter 5 of the Village Code would be amended in accordance with this Ordinance. FINANCIAL IMPACT: Unknown at this time. VILLAGE ATTORNEY REVIEW: The Village Attorney has drafted the Ordinance for consideration by the Village Board. DOCUMENTS ATTACHED:

1. Proposed Ordinance RECOMMENDED MOTION: Move to approve an Ordinance amending Article 6 of Chapter 5 of the Municipal Code of Lincolnwood regarding emergency management and disaster authority and the extension of any emergency declaration entered pursuant to such amendment. The ordinance incorporates the statutory authority set forth in Section 5/11-1-6 of the Illinois Municipal Code.




AN ORDINANCE AMENDING ARTICLE 6 OF CHAPTER 5 OF THE MUNICIPAL CODE OF LINCOLNWOOD

REGARDING EMERGENCY MANAGEMENT AND DISASTER AUTHORITY

ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LINCOLNWOOD THIS ____ DAY OF _________, 2020. Published in pamphlet form by the authority of the President and Board of Trustees of the Village of Lincolnwood, Cook County, Illinois this _____ day of __________, 2020


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AN ORDINANCE AMENDING ARTICLE 6 OF CHAPTER 5 OF THE MUNICIPAL CODE OF LINCOLNWOOD

REGARDING EMERGENCY MANAGEMENT AND DISASTER AUTHORITY WHEREAS, the Village of Lincolnwood is a home rule municipal corporation in accordance with Article VII, Section 6(a) of the Constitution of the State of Illinois of 1970; and WHEREAS, the Village has the authority to adopt ordinances and to promulgate rules and regulations that pertain to its government and affairs; and

WHEREAS, Article 6 of Chapter 5 of the Municipal Code of Lincolnwood, as amended ("Village Code"), sets forth rules and regulations concerning the authority of the Village President to declare a state of emergency under certain circumstances and to issue executive orders to address the emergency, all as contemplated by Section 11-1-6 of the Illinois Municipal Code, 65 ILCS 5/11-1-6; and

WHEREAS, pursuant to the authority granted by State law including, without limitation,

Section 11-1-6 of the Illinois Municipal Code, the Village President and Board of Trustees desire to amend Article 6 of Chapter 5 of the Village Code to update and clarify the Village’s emergency procedures and protocols; and

WHEREAS, the President and Board of Trustees have determined that it will serve and be in the best interests of the Village and its residents to amend Article 6 of Chapter 5 of the Village Code in accordance with this Ordinance;

NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LINCOLNWOOD, COOK COUNTY, ILLINOIS, as follows:


SECTION 2. STATES OF EMERGENCIES. Article 6 of Chapter 5 of the Village Code is hereby amended further, as set forth in Exhibit A attached to and, by this reference, made a part of this Ordinance.

SECTION 3. SEVERABILITY. If any provision of this Ordinance or part thereof is held invalid by a court of competent jurisdiction, the remaining provisions of this Ordinance are to remain in full force and effect, and are to be interpreted, applied, and enforced so as to achieve, as near as may be, the purpose and intent of this Ordinance to the greatest extent permitted by applicable law.


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SECTION 4. EFFECTIVE DATE. This Ordinance will be in full force and effect immediately after its passage and approval in the manner provided by law by two-thirds of the corporate authorities of the Village.

PASSED this _____ day of ______, 2020.

AYES: NAYS: ABSENT: ABSTENTION:

APPROVED by me this _____ day of _______, 2020.

Barry I. Bass, President Village of Lincolnwood, Cook County, Illinois

ATTESTED and FILED in my office the _____ day of _____, 2020. Beryl Herman, Village Clerk Village of Lincolnwood, Cook County, Illinois


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EXHIBIT A

5-6-1: DEFINITIONS. As used in this article, the following terms shall have the meanings indicated: For purposes of this Article 6, the following words or phrases have the meanings ascribed to them in this Section 5-6-1, except when the context otherwise indicates. All words or phrases not defined in this Section 92.100 shall have the meanings ascribed to them in the Illinois Emergency Management Agency Act, as amended [20 ILCS 3305/1 et seq.]. CURFEW

A prohibition against any person or persons walking, running, loitering, standing or motoring upon any alley, street, highway, public property or vacant premises within the corporate limits of the Village, excepting officials of any governmental unit and persons officially designated to duty with reference to a state of emergency.

ESDA COORDINATOR The Coordinator of the Village’s Emergency Management Agency, appointed pursuant to Article 4 of this Chapter 5.

STATE OF EMERGENCY

Either: (A) A riot or unlawful assembly characterized by the use of actual force or violence or

any threat to use force if accompanied by immediate power to execute by three or more persons acting together without authority of law; or

(B) Any natural disaster or man-made calamity, including flood, conflagration, cyclone, tornado, earthquake or explosion within the corporate limits of the Village, resulting in the death or injury of persons or the destruction of property to such an extent that extraordinary measures must be taken to protect the public health, safety and welfare.; or

(C) A “Disaster” as defined in the Illinois Emergency Management Agency Act,

as amended, and including, without limitation of the foregoing, the appearance of a novel or previously controlled or eradicated infectious agent or biological toxin.

5-6-2: DECLARATION OF STATE OF EMERGENCY. Whenever Pursuant to the authority granted by State law, including, without limitation, Section 11-1-6 of the Illinois Municipal Code, and the Village’s home rule authority, whenever the Village President shall determine that there exists a state of emergency in the Village, the Village President shall have the extraordinary power and authority to exercise by executive order all such powers of the corporate authorities and other officers of the Village as


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may be reasonably necessary or appropriate to eliminate or minimize the dangers arising from such state of emergency and for the protection of the health, safety and general welfare of the public, provided that prior to exercising any such extraordinary power and authority, the Village President shall have executed under oath a written declaration of emergency containing the following:

(A) A statement of certain facts known to the Village President, either directly or upon information and belief, which are believed by him or her to constitute a state of emergency which describes the nature of the state of emergency and substantiates the finding that a state of emergency exists;

(B) An express declaration of a state of emergency pursuant to this article; and (C) Such further orders and directives as the Village President may deem necessary or

appropriate for the protection of the health, safety and general welfare of the public, pursuant to Section 5-6-4 of this Code.

Unless expressly stated otherwise, a declaration issued pursuant to this Section 5-6-2 shall be considered a local disaster declaration made pursuant to Section 11 of the Emergency Management Agency Act. 5-6-3: GENERAL CURFEW ORDER. After proclamation of a state of emergency by the Village President, the Village President may order a general curfew applicable to such geographical areas of the Village or to the Village as a whole, as deemed advisable by the President, and applicable during such hours of the day or night as deemed necessary by the President in the interest of the public safety and welfare. 5-6-4: OTHER ORDERS. After the proclamation of a state of emergency, the Village President may also in the interest of public safety and welfare make any or all of the following orders:

(A) Order the closing of all liquor stores and establishments, including restaurants and private clubs or portions thereof wherein the consumption of alcoholic liquor is permitted.

(B) Prohibit the sale, serving or giving away of any intoxicating liquor in or by any store, restaurant, private club or other establishment having an alcoholic liquor license issued by the Village.

(C) Order the discontinuance of the sale of alcoholic liquor by any wholesaler or

retailer.


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(D) Order the discontinuance of selling, distributing or giving away of gasoline or other liquid flammable or combustible products in any container other than a gasoline tank properly affixed to a motor vehicle.

(E) Order the discontinuance of selling, distributing, dispensing or giving away of any

firearms or ammunitions of any character whatsoever.

(F) Order the closure of any public street, thoroughfare or vehicle parking areas to vehicular and/or pedestrian traffic.

(G) Order the calling upon regular and auxiliary law enforcement agencies and

organizations without or within the Village to assist in preserving and keeping the peace within the Village.

(H) Authorize the Village President, the Village Manager, or the ESDA

Coordinator to enter into contracts for the procurement of supplies and services necessary to address the state of emergency that would normally require the approval of the full Village Board of Trustees.

(I) Authorize the incurrence of obligations, the appropriation of funds, and the

provision of emergency assistance reasonably necessary to respond to or mitigate the state of emergency.

(J) Order the prohibition of increases in the prices of goods and services sold

within the Village.

(F)(K) Such other orders as are imminently reasonably necessary to address the state of emergency for the protection of life and property.

5-6-5: NOTICE. Upon issuance of the proclamation authorized, it shall be: (i) filed with the Clerk as soon as practicable and the Police Chief shall notify the news media of the Village and shall cause three copies of the proclamation, declaring the existence of the state of emergency, to be posted in three prominent places within the Village; (ii) promptly disseminated to the news media; and (iii) promptly posted at the Village Hall, the post office, and on the Village’s social media pages and website. 5-6-6: TERMINATION OF STATE OF EMERGENCY. A state of emergency may be declared terminated at any time by the Village President by a written declaration executed by the Village President, and in any event a state of emergency shall expire and terminate automatically and without any further act by the Village President not later than the earlier to occur of: (i) adjournment of the first regular meeting of the Board of Trustees


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after execution of the declaration of emergency; or (ii) seven days after the declaration is issued; provided, however, that the Board of Trustees may from time to time thereafter by motion extend such state of emergency and any orders issued by the Village President in connection therewith until a time fixed in such motion, but not later than (i) the adjournment of the next succeeding meeting of the Board of Trustees, or (ii) 48 hours after the time of such extension, whichever shall first occur for the duration necessary and in the best interest of the Village and the public to address the continuing state emergency, as determined by the Board of Trustees. 5-6-7: PENALTY. It shall be unlawful for any person to violate the provisions of any curfew or any other order issued by the President under the provisions of this article, or to fail or refuse to obey promptly any reasonable order, direction or command issued by any police officer acting in the performance of his or her duty or power in the enforcement of the provisions of this article for the preservation of the public peace, health and safety. Any person guilty of such violation shall upon conviction thereof be punished by a fine for each offense in the amount set forth in the Annual Fee Resolution.

FOIA Requests February 25, 2020 to March 6, 2020

Date of Request*

Request Made By Public Record Requested

2/25/2020 Maria Therese any and all police reports and/or complaints issued against me or my home: Maria Therese, 6831 N Tripp Ave, as far back as 10 years

2/25/2020 Maria Therese 6833 Tripp: any and all police reports and/or complaints issued by the neighbor or to them, as far back as 10 years

3/2/2020 Bender Beatty Crash reports type B injury/towed accident/crash reports that occurred on & between February 24-March 1, 2020

3/2/2020 Martha Wacaser list or copies of all commercial permits issued in the month of January 2020. Please include the names of the general contractor and known mechanical HVAC contractors

3/2/2020 Jennifer Marsh the total number of fence installation permits issued for all of 20193/2/2020 Lisa Caron Crash report Touhy and Cicero on 8-12-193/3/2020 Lourdes Rodriguez 4845 Greenleaf: any information on liens, fines, violations, tickets, outstanding balances, open

permits3/4/2020 Thomas Peters copies of residential and commercial building permits applied for and issued between 1-1-2019 and

current date. Only provide permits with construction value over $400,000. Please provide general contractor, architect, contact information, construction value, and job site address. Also, if your village keeps records of applications for plan review. If you are providing a monthly report, please attach copies of all permits over $400,000. Copies of all building demolition permits

3/6/2020 Pat Noonan Can I find out who was awarded the flooring project?3/6/2020 Amir Dapcevic 7307 Kenneth: plumbing, electrical, any type of permits and inspection documents

*In addition, 4 police reports were requested during this period.