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HomeMy WebLinkAbout12/01/2020 VB MinutesREGULAR MEETING OF THE MOUNT PROSPECT VILLAGE BOARD — 7:00 PM Tuesday, December 1, 2020 In accordance with Governor Pritzker's Resurgence Mitigation Plan effective Wednesday, October 28, 2020, the Village of Mount Prospect will conduct public meetings virtually through the end of the year. The Mayor and Board of Trustees, along with Village staff, will conduct the meeting of December 1, 2020 remotely. One member of the Village Board or executive staff will be present at Village Hall in accordance with the Open Meetings Act. We invite you to join us via livestream or view the meeting on Comcast or WOW channel 17. If you have a question on an agenda item or comment during the Citizens to be Heard portion of the meeting, please complete and submit a public comment form at least one hour prior to the start of the meeting. 1. CALL TO ORDER Mayor Juracek called the December 1, 2020 regular meeting of the Mount Prospect Village Board to order at 7:01 p.m. via remote video conference. Village Manager Michael Cassady was physically present at Village Hall, 50 S. Emerson Street, Mount Prospect, Illinois. 2. ROLL CALL Members present upon roll call by the Village Clerk: Arlene A Juracek, Colleen E Saccotelli, Eleni Hatzis, Michael A Zadel, Paul Hoefert, Richard F Rogers, William A Grossi Absent: None 3. APPROVAL OF MINUTES 3.1 Minutes of the Regular Meeting of the Village Board - November 17, 2020 Motion by Paul Hoefert, second by Michael A Zadel to approve the November 17, 2020 Village Board meeting minutes. Yea: Colleen E Saccotelli, Eleni Hatzis, Michael A Zadel, Paul Hoefert, Richard F Rogers, William A Grossi Nay: None Final Resolution: Motion Passed 4. MAYORS REPORT 4.1 ACCOLADES: A Resolution for the Holiday Season Mayor Juracek presented a resolution for the Holiday Season. Motion by Colleen E Saccotelli, second by William A Grossi to approve the resolution for the Holiday Season Yea: Arlene A Juracek, Colleen E Saccotelli, Eleni Hatzis, Michael A Zadel, Paul Hoefert, Richard F Rogers, William A Grossi Final Resolution: Motion Passed Resolution No. 50-20 4.2 PROCLAMATION: Teddy Bear Walk Week Celebrates 40th Anniversary - December 1- 31, 2020 Mayor Juracek read the proclamation into the record. Mayor Juracek noted the Mount Prospect Public Library is planning activities throughout the month of December due to the pandemic and encouraged the community to participate safely in this popular community event. 4.3 REAPPOINTMENT TO BOARDS AND COMMISSIONS Mayor Juracek presented the following reappointment to the Economic Development Commission: James Drew Term to expire December, 2024 Motion by Paul Hoefert, second by Richard F Rogers approve the reappointment of James Drew to the Economic Development Commission Yea: Colleen E Saccotelli, Eleni Hatzis, Michael A Zadel, Paul Hoefert, Richard F Rogers, William A Grossi Nay: None Final Resolution: Motion Passed 5. COMMUNICATIONS AND PETITIONS - CITIZENS TO BE HEARD Mayor Juracek noted there were no public comments forms or emails received for items not on the agenda. 6. CONSENT AGENDA Motion by Richard F Rogers, second by Michael A Zadel to approve the consent agenda as presented. Yea: Colleen E Saccotelli, Eleni Hatzis, Michael A Zadel, Paul Hoefert, Richard F Rogers, William A Grossi Nay: None Final Resolution: Motion Passed 6.1 List of Bills - November 11, 2020 to November 24, 2020 - $8,560,477.28 6.2 A RESOLUTION FOR MAINTENANCE OF STREETS AND HIGHWAYS BY A MUNICIPALITY UNDER THE ILLINOIS HIGHWAY CODE (BLR142220) Resolution No. 52-20 6.3 PZ -17-20 / 50 S. Emerson Street / Waive the rule requiring two readings of an ordinance and adopt an ORDINANCE AMENDING THE 2009 SOUTH MOUNT PROSPECT SUB -AREA PLAN, SAID AMENDMENT IS REFERRED TO AS CONNECT SOUTH MOUNT PROSPECT: 2020 SUB -AREA PLAN UPDATE Ordinance No. 6546 6.4 Motion to waive the rule requiring two readings of an ordinance and adopt an ORDINANCE TO AMEND SOLID WASTE COLLECTION SERVICE RATES FOR INDIVIDUAL DWELLING UNITS SET FORTH IN CHAPTER 19 SECTION 19.202 OF THE VILLAGE CODE OF MOUNT PROSPECT, ILLINOIS Ordinance No. 6547 6.5 Monthly Financial Report - October 2020 7. OLD BUSINESS None 8. NEW BUSINESS 8.1 VIRTUAL PUBLIC HEARING - This virtual public hearing, called pursuant to proper legal notice having been published in the Daily Herald on November 16, 2020 is for the purpose of reconsidering text amendments to modify Chapter 14 and other chapters of the Village of Mount Prospect as may be required for recreational cannabis that were not approved by the Village Board on December 10, 2019. Residents may phone-in or text their questions or comments to 847/350-1907 or email tvservicesdiv@mountprospect.org before or during the public hearing. Mayor Juracek opened the public hearing at 7:10pm. Assistant Village Manager Nellie Beckner presented a review of resubmitted text amendments concerning the sale of adult -use recreational cannabis. The subject draft ordinances would permit the sale of adult use cannabis and other cannabis business establishments under certain conditions. Ms. Beckner provided background on Public Act 101-0027, now referenced as 410 1 LCS 705, which created the Cannabis Regulation and Tax Act legalizing the sale of recreational cannabis to those aged 21 and over and defines regulation of related businesses. Ms. Beckner reviewed previous public meetings of the Planning and Zoning Commission, Finance Commission, Committee of the Whole and Village Board that began in September, 2019. On August 11, 2020 the Village Board adopted an ordinance establishing an advisory referendum for a public question on the November 3, 2020 ballot. Ms. Beckner shared the results of the referendum, stating 64.63% of Mount Prospect voters voted in favor to allow the sale of adult use recreational cannabis in the Village verses 35.4% who voted against it. Ms. Beckner reviewed and provided details regarding the three (3) draft ordinances presented for Board consideration: Opt -in: allows the Village to regulate cannabis business establishments in various capacities. Opt -in with a Permitted Use Exception: allows the Village to regulate cannabis business establishments and grants the Village's existing medical cannabis dispensary the ability to use their adult use dispensary license without a separate conditional use review process Taxation Ordinance: includes amendments to Chapter 8 to allow for a tax of three percent (3%) of the gross receipts of all cannabis sold in the Village. Ms. Beckner reviewed the summary of regulations that include restrictions on advertising and hours of operation, prohibits cannabis lounges and on-site consumption and location restrictions. The draft ordinances also states that operation of a motor vehicle for any person under the age of 21 under the influence of cannabis is deemed unlawful. The Board can further restrict hours of operation and advertising specific to the Village. Ms. Beckner provided details on the taxation ordinance. The Opt -in budget impact was originally estimated at approximately $440,000 annual revenue, should the associated taxation ordinance allowing additional 3% tax, be adopted. However, due to demonstrated demand, the estimations are now over $900,000 annually. Per Illinois Department of Revenue regulations, the Village would start receiving tax revenue effective July 1, 2021. Ms. Beckner provided information regarding the allocation of funds. Revenue will be deposited into the general corporate fund of the Village and can be used for the following: • Capital Projects • Law enforcement training • Property Tax Abatement for Public Safety Pensions • Additional law enforcement and public safety staffing • Human Services programs Ms. Beckner concluded her presentation by providing information regarding how our surrounding communities have moved forward and staff recommendation. Staff recommends approval of the Opt -In Ordinance with the Permitted Use Exception and related Taxation Ordinance. Mayor Juracek stated two (2) public comments were received from residents: Dan Murphy • Cautioned the Village to consider all the factors and not just revenue benefits Carol Neufeldt • Submitted questions via email to the Police Department; Chief Koziol responded directly to Ms. Neufeldt. Chief Koziol provided assurance that there is no significant impact on crime statistics in communities where recreational cannabis is allowed. Mayor Juracek summarized Ms. Neufeldt's comments and suggestions. With no other comments from the public, Mayor Juracek closed the Public Hearing at 7:37pm. Board Comments • Questioned why New Age is being offered special consideration Mayor Juracek responded, stating New Age is an existing business that has already been approved by the State for a recreational cannabis license; they are operating on an appointment -only basis, thus reducing the impact on traffic and parking in the vicinity and they have been proven to be responsible business stewards. • Requested clarification regarding the allocation of revenue from the sale of recreational cannabis. Mayor Juracek responded, stating revenue can be used to fund Public Safety pensions which provides property tax relief through abatements • Views recreational cannabis as a gateway drug • Questioned if this revenue should be used to fund Capital Projects Village Manager Michael Cassady responded, stating use of cannabis tax revenue to fund key capital projects is necessary. Mr. Cassady stated this funding source is much needed for the Stormwater/Flood Control project at Aspen Trails. Mr. Cassady noted that needs will change from year to year and staff will make recommendations to the Board as key capital projects are identified. • New Age has been operating a medical -use cannabis pharmacy in a professional manner for several years • Referendum results support allowing the sale of recreational cannabis in our Village; we asked the question and our voters responded; it is our responsibility to listen to the residents who voted • Expressed lingering concern regarding traffic and parking on Euclid Avenue, especially during rush hour • Mount Prospect voters were commended for utilizing their right to vote and voicing their stance on this issue • Pleased the Board made the decision to put this referendum question on the November ballot • Supports flexibility to allocate revenue where it is needed most • Noted that the Village will not benefit from tax revenue until July 2021; we need to be prepared for realistic revenue Mayor Juracek reminded residents that property tax revenue is used for cost of debt services, Public Safety Pensions and Public Safety Operations. Mayor Juracek stated that we should not allow our personal beliefs on the subject matter affect what is best for the Village. 8.2 PZ -22-19 / 50 S. Emerson Street / 1st reading of an ORDINANCE REGULATING CANNABIS BUSINESS ESTABLISHMENTS IN THE VILLAGE OF MOUNT PROSPECT, ILLINOIS. Motion by Michael A Zadel, second by Colleen E Saccotelli to waive the rule requiring two readings of an ordinance Yea: Colleen E Saccotelli, Eleni Hatzis, Michael A Zadel, Paul Hoefert, Richard F Rogers, William A Grossi Nay: None Resolution: Motion Passed Motion by Paul Hoefert, second by Michael A Zadel to approve the Ordinance Regulating Cannabis Business Establishments in the Village of Mount Prospect (allowing New Age as a permitted use) Yea: Colleen E Saccotelli, Eleni Hatzis, Michael A Zadel, Paul Hoefert, William A Grossi Nay: Richard Rogers Final Resolution: Motion Passed Ordinance No. 6548 8.2b AN ORDINANCE AMENDING CHAPTER 8 "VILLAGE GOVERNMENT MISCELLANEOUS PROVISIONS" OF THE VILLAGE CODE OF MOUNT PROSPECT Motion by Michael A Zadel, second by Colleen E Saccotelli to waive the rule requiring two readings of an ordinance Yea: Colleen E Saccotelli, Eleni Hatzis, Michael A Zadel, Paul Hoefert, Richard F Rogers, William A Grossi Nay: None Resolution: Motion Passed Motion by Michael A Zadel, second by Richard F Rogers approve as presented an Ordinance Amending Chapter 8 "Village Government Miscellaneous Provisions" of the Village Code of Mount Prospect. Yea: Colleen E Saccotelli, Eleni Hatzis, Michael A Zadel, Paul Hoefert, Richard F Rogers, William A Grossi Nay: None Final Resolution: Motion Passed Ordinance No. 6549 9. VILLAGE MANAGER'S REPORT No report 10. ANY OTHER BUSINESS None 11. ADJOURNMENT There being no further business to discuss, Mayor Juracek asked for a motion to adjourn. Trustee Hoefert, seconded by Trustee Zadel motioned to adjourn the meeting. Upon roll call each member acknowledged they were able to hear and participate in the meeting in its entirety: Aye: William A. Grossi, Eleni Hatzis, Paul Hoefert, Richard Rogers, Colleen Saccotelli and Michael Zadel. Nay: None. Arlene Juracek acknowledged she was able to hear and participate in the meeting in its entirely as well. The December 1, 2020 Regular Meeting of the Mount Prospect Village Board adjourned at 8:34p.m. Respectfully Submitted, Karen M. Agoranos