Kankakee Times

Village of Bourbonnais Community and Economic Development Committee met July 12.

Here is the minutes provided by the Committee:

1. ROLL CALL:

Present for roll call was Mayor Paul Schore, Trustee Keast, Trustee Greenlee, Trustee King, Trustee Littrell, Village Treasurer Riebe, Village Administrator Van Mill, Assistant Administrator Wimberly, Finance Director Wolf, Building Commissioner Senesac, Planning Commission Chairman Mark Argyelan, and Village Attorney Dunn. Absent was Trustee Serafini

2. APPROVAL OF MINUTES:

A motion was made by Trustee King and seconded by Trustee Littrell to approve the minutes from June 27, 2017 (Community 8: Economic Development). Motion passed on a voice vote of 5-0.

3. OTHER BUSINESS:

a. Tattoo Shop in B-1 Zoning District

Administrator Van Mill explained that a request has been made to open a tattoo parlor in a B-1 Zoning District within the Village, and that the legislation regarding this is not clear as to whether a shop that explicitly does tattoos is permitted in such a district.

Assistant Administrator Wimberly noted that the tattoo parlor was looking to locate in Lion Plaza.

Trustee Littrell verified that the prospect of a tattoo shop was in no way addressed in the Village's prior legislation. Building Commissioner Senesac said this was correct.

Building Commissioner Senesac noted that other types of Personal Service Businesses were explicitly mentioned in the Zoning ordinance, such as barber shops and Salons, and that the Village had the authority to approve a business of 'similar' services.

Planning Commission Chairman Argyelan compared the situation to that found in the Village of Manteno, in which only allows tattoo par lors in C-2 Commercial Districts and 1-1 Light Industrial Districts. The Village of Manteno requires the petitioner to apply for a special use permit, so that it can be controlled by the planning commission before it makes a recommendation to the full board. Trustee King also noted that the Village of Manteno restricts tattoo parlors in their downtown district and along Route 50.

Mayor Schore stated that since the Village is currently silent on the issue, a tattoo parlor would be prohibited. The mayor said it would be up to the board to decide whether to make a tattoo parlor an acceptable use.

Trustee Keast asked if under a Special Use Permit, the Village had more authority to revoke a business' permission to operate should a potentially controversial situation arise. The Mayor responded that a Special Use Permit would give the Village more authority, but that there must be a reason given by the Village for denying a Special Use Permit.

Attorney Dunn noted that a Special Use Permit gives the Village more authority over aspects such as parking and hours of operation.

Trustees King and Littrell both stated that they would consider tattoo parlors Personal Service Businesses.

Assistant Administrator Wimberly explained that Administration did not feel comfortable making this distinction without the consent of the Trustees.

Trustee Keast alluded to the current reworking of the Village's zoning ordinance, and raised concerns about possible circumvention of this process by classifying a tattoo shop as a Personal Service Business before it was completed. Administrator Van Mill and Mayor Schore replied that this should not be a concern in the Trustees' decision.

Attorney Dunn noted that the inclusion of tattoo parlors in B-1 districts would automatically include them in all lesser commercial/business districts.

Mayor Schore asked if it would be allowable to restrict the operation of tattoo parlors to particular districts.

Attorney Dunn stated that the total abolition of tattoo parlors may raise questions about free speech rights, as tattoos could be considered a form of personal expression, but that the Village could restrict which districts they could operate in.

Mayor Schore noted that most of the properties near the new Interchange have already been zoned as M-1 districts, which could not house a tattoo parlor, and that if the business owners were denied use of a B-1 district property, they may have extremely limited options elsewhere in the Village.

Mayor Schore explained that he was concerned about the new zoning ordinance not containing a laundry list of approved uses, as it creates many situations like the current tattoo parlor situation, where the Building Commissioner is given

sole jurisdiction to judge whether or not a business fits into a certain Category.

Attorney Dunn noted that the Village would have to make an amendment dictating where a tattoo parlor could be located, as disallowing Such a business across the board by deeming it not within the category of "Personal Service Business' is probably not realistic.

Trustee King asked if the Village were to deny the tattoo parlor use of a B-1 property, the tattoo parlor could push the Village to further define its "Personal Service Business' category.

Administrator Van Mill stated that it would be within the rights of the tattoo shop owners to make an Administrative Appeal to the board. Attorney Dunn added that this would probably happen.

Trustee Fischer voiced his concerns over the impact a tattoo parlor might have on the image of the Village, especially if it were to be located on the Outer reaches of the Village, where it would be one of the first things visitors would see when arriving.

Trustee Greenlee said he did not have a problem with the tattoo parlor opening as long as it was a clean and well-kept establishment. Trustee Greenlee also recalled instances where the board envisioned citizen backlash upon the opening of controversial businesses, such as a gun range and a liquor store, and there turned out to be none. He concluded by saying that he does not feel that the Village should turn down the tattoo parlor from a legal standpoint.

Trustee Littrell said he agreed with everything Trustee Greenlee expressed.

Trustee King said he believed a tattoo parlor would unequivocally fit the qualifications of a "Personal Service Business.'

Trustee Keast alluded to the opposition the Village of Bradley received upon opening an adult store, and the Subsequent change in handling such situations, notably the increase in Special Use Permits issued.

Assistant Administrator Wimberly related this situation to the issues faced by massage parlors in the Village, and stated that the situation would work itself out if the business were run irresponsibly, through lack of patronization.

Attorney Dunn implored the trustees to discard the idea of complete disallowance, and to decide whether to allow the tattoo parlor to open in a B-1 District, and thus in every other non-residential district, or to restrict the zones in which it could operate.

Mayor Schore said he thought the current zoning ordinance was too vague to allow the tattoo parlor to open, and thinks the issue should be addressed in the new zoning ordinance.

The trustees agreed to deny the tattoo parlor use of a B-1 property, and to leave the matter to Building Commissioner Senesac to decide which zoning classification such a business would fit.

4. OLD BUSINESS:

a. Wayfinding Sign Consultant

Administrator Van Mill stated that after staff deliberation, Kimley-Horn was chosen as the best option to contract for the Wayfinding Sign Project, and asked the board for its opinion

Trustee Keast agreed, saying that Kimley-Horn was the lowest-priced group which met the Village's initial qualifications.

Trustees King, Fischer and Greenlee agreed on Kimley-Horn.

b. David Bruce incentive Plan

Administrator Van Mill directed the board to a memo from Finance Director Wolf detailing David Bruce Toyota's S1.5-2 million renovation plan, and its request to the Village for assistance. The Village would pay David Bruce Toyota S200,000 up front, with this sum being paid back by sales increases due to the remodel. Administrator VanMill noted the projection given by Toyota of a 33% sales increase after the remodel.

C. CGI Video

Trustee Keast and Assistant Administrator Wimberly went through again the specifics of the deal with CGl, which was discussed in detail at the previous Community and Economic Development Meeting. The trustees agreed that the project was of no risk to the Village.

d. Code Enforcement Position

Administrator Van Mill told the board that Building Inspector Altenberger would submit his official letter of resignation (effective in December) after July 17th, and the Code Enforcement Officer Position opening would be posted subsequently. Mayor Schore had previously stated that he would be more comfortable waiting for an official letter of resignation from Inspector Altenberger before posting the job opening.

e. Business District

Administrator Van Mill explained that after consultation with an independent consultant, the Village does meet the criteria for the establishing a business district along Route 45 from Larry Power Road to the location of the new I-57 Interchange. The Village has contracted Gene Norberg to plan and prepare the proper documentation to formalize and approve the district, which will cost the Village S22,500.

Administrator Van Mill stressed the importance to create the business district in anticipation for the new businesses that will come to Bourbonnais upon the completion of the Interchange.

Mayor Schore agreed with Administrator VanMill on the necessity of completing this process before the influx of new businesses.

The trustees agreed to this, and Attorney Dunn said he would begin creating legislation to approve the agreement with Gene Norberg.

f. Assistant Administrator Report

Assistant Administrator Wimberly told the board that the new rail had been installed at the Skate Park today. She also directed the board's attention to the new televisions that were installed in the board room, as well as the creation of a new wireless network at the Village Offices.

Assistant Administrator Wimberly alerted the board that she will have a resolution to be read at the next Board Meeting on July 17, pertaining to LeVasseur School's construction work, and the Village's oversight of said work.

Assistant Administrator Wimberly reminded the board that the Bears would be arriving July 25th, with a kickoff party scheduled for the 26th. She also reminded the board that the Chicago Sun-Times would behaving an event at Brickstone Brewery on the 27th. Assistant Administrator Wimberly announced that the Bear-Bounnais Day event was scheduled for the 30th, and that volunteers were needed to work the Village's tent. Also, Assistant Administrator Wimberly announced that Developer's Day (Dig Bourbonnais) would be held on August 2nd.

g. El Burrito Loco

Trustee Littrell told the board that Assistant Administrator Wimberly and Executive Assistant Sue Pranskus would be assisting El Burrito Loco in commemorating their 15th anniversary, and thanked them for their help.

h. Liquor License Expansion

Mayor Schore notified the board that Jewel had given the Village false information in their prior request to have liquor sales hours extended. The Mayor reported that Jewel had said in a letter that other communities in the county were allowing sales of alcohol at 8 a.m. on Sundays, and in actuality, the time is 10 a.m. The legislation to be voted on at the next board meeting calls for hours to be extended to 8 a.m. on Sundays. Trustee Littrell said he would make a motion at the next meeting to amend the legislation before it is voted on to allow sales at 10 a.m. on Sundays.

5. NEW BUSINESS:

6. PUBLIC COMMENTS:

7. ADJOURNMENT AND TIME

A motion was made by Trustee Fischer and seconded by Trustee Litrell to adjourn the committee meeting. Motion passed on a voice vote of 5-0 and the meeting adjourned at 5:18 p.m.

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