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HomeMy WebLinkAbout06/09/2015 COW Minutes COMMITTEE OF THE WHOLE MINUTES June 9, 2015 I. CALL TO ORDER ROLL CALL The meeting was called to order at 7:02 p.m. in the Village Board Room of the Village Hall, 50 South Emerson Street, by Mayor Arlene Juracek. Trustees present included Paul Hoefert, John Matuszak, Steven Polit, Richard Rogers, Colleen Saccotelli and Michael Zadel. Board of Fire and Police Commission members present included Commission Chair Michaele Skowron, Charles Bennett and Mark Busse. Staff present included Acting Village Manager David Strahl, Police Chief Timothy Janowick, Administrative Assistant Doreen Jarosz and Administrative Analyst Alexander Bertolucci. II. APPROVAL OF COMMITTEE OF THE WHOLE MINUTES FOR MAY 12, 2015 Motion made by Trustee Polit seconded by Trustee Zadel. Minutes were approved. III. CITIZENS TO BE HEARD None. IV. VIDEO GAMING TERMINAL DISCUSSION Acting Village Manager Strahl stated in 2009 the General Assembly approved video gaming legislation permitting video gaming terminals (VGT) in eligible licensed establishments. At which time the Village Board decided to wait until the State Gaming Board issued rules of operation. He stated after the rules were established in 2012 the Village Board decided to prohibit the installation of video gaming terminals within the community. He stated since then more communities have approved video gaming and several years of VGT revenue data is available for review. He stated in preparation for this discussion the online survey issued during the previous video gaming discussions was reissued for community input. He stated the presented materials include a review of video gaming legislation, VGT revenue distribution, an extensive FAQ, and results from the online survey. He stated that staff notified eligible liquor licensed establishments of the video gaming discussion and survey. He stated staff offers no specific recommendation on this topic. General comments from the Village Board members included the following items: 1) There was general ability to measure community opinion, inherent survey self-selection bias, and the number of respondents. 2) There was discussion comparing recent video gaming survey results to the 2009 and 2012 survey results. Administrative Analyst Bertolucci stated survey responses were limited to one per computer; however, anyone with access to the survey link could have submitted a response. He stated survey responses totaled 546. After filtering responses to only the 06/09/15 Committee of the Whole Page 1 of 7 respondents that provided a valid Mount Prospect address there are only 98 responses of which 63% are in favor of allowing VGTs and 37% not in favor. Mayor Juracek stated the study was available prior to this meeting for public review and provided an opportunity for the members of the audience to present their comments and concerns. Rick Russo, El Sombrero, 1100 S Elmhurst Rd said. He is all for video gaming and that he does not see any negatives for allowing it or understands the reasons for not allowing it. He loses $1,000 to $3,000 in revenue per month because his customers are going to Prospect Heights businesses that have VGTs. Rafael Manjarres, Crave Pizza, 106 W. Northwest Hwy said. He would like to see if the objections to video gaming presented in 2012 still stand today. He said there have been very few incidents involving crime, the survey said people want video gaming, and he would like the opportunity to generate additional revenue. He stated video gaming is well regulated. Chris McSwain, A.H. Entertainers, 1151 Rohlwing Rd, Rolling Meadows said. He said the Illinois Gaming Board is the most regulated department in the state. He said terminal manufacturers, operators, distributors and establishments are all held to high standards. He stated bars that have VGTs are using the revenues to help pay bills and reinvest in their establishment. Also, VGTs have incentivized bars to clean up their act, because liquor license violations could lead to shutting down their VGTs. He stated the State Gaming Board has the ability to shut down VGTs remotely. He also commented on the online survey and low voter turnout at referendums. James Pappas, Paps Bar and Grill, 1904 S ElmhurstRd said. Video gaming is two minutes away in Elk Grove and our customer base is leaving. We would like the ability to compete with the businesses that have video gaming. He stated while the Village only receives 5% of video gaming revenue, the Village would also receive additional food and beverage taxes from the patrons that would stay in our establishments instead of going elsewhere. Ted Pappas, Paps Bar and Grill, 1904 S Elmhurst Rd said. Everyone around us has gambling. Arlington Heights has the horse track, Des Plaines has the casino, and Elk Grove, Prospect Heights and Wheeling have video gaming. He stated that the Village of Elk Grove received $20,000 in April from VGTs. Some establishments are doing really great, but that is not the case for all establishments and some could use a little extra revenue. He stated there has been no increase in crime and the Local Government Video Gaming Distributive Fund money is being distributed by the state which was a concern during the previous discussion. There was a general discussion regarding when the indoor smoking ban went into effect and how once all municipalities banned smoking it leveled the playing field for businesses. Heini Bocenda, 202 N Emerson St said. He is not a business owner, but he is a patron of Mount Prospect businesses. He said if video gaming could generate revenue for the Village, then the Village should jump on it as fast as the Village did with vehicle stickers. James Panagakis, Draft Picks, 912 S Busse Rd said. The VGT issue is similar to the indoor smoking ban in regards to how patrons would go to establishments in 06/09/15 Committee of the Whole Page 2 of 7 municipalities that allowed smoking. He said if we are not going to do something, then we are all going to lose. Anthony Marinakos, 15 W Prospect Ave said. Businesses should at least be given a chance to see how video gaming could help us and the community. If two years from now residents and community do not like video gaming, then we can discuss it again. Kathy Gilroy, 230 W. Division, Villa Park said. She was present to advise of the harm that comes from gambling. She stated crime related to gambling is not at the establishments, but it is at home. However, thieves have broken into several Springfield bars targeting their cash redemption machines. She said the VGT establishments do not have the same security onsite as casinos and roped off VGT areas do not prevent children from being exposed to gambling in restaurants. She said video gaming would not bring money into Mount Prospect, but it would take money out of it. She asked the Village Board to continue the ban on video gaming. Nancy Duel, Northern Illinois Conference United Methodist Church said. Video gaming is a predatory form of gambling and does not include self-exclusion protections like casinos. She stated video terminal operators have been pushing for video gaming in many communities. She said video gaming operators and establishments benefit the most from municipalities allowing video gaming, but what about the rest of the community. Mayor Juracek thanked the audience for their feedback and stated that she recognizes that restaurants profit margins have been reduced during these difficult financial times. General comments from the Village Board members included the following items: 1) It was noted that local control of VGT licensed establishments and VGTs is provided through municipal alcoholic liquors code. This provides a number of possibilities for controls and avenues to address issues. Additionally, it might be possible to create a special liquor license(s) to set regulations just for video gaming establishments. 2) There was a discussion regarding businesses currently competing with video gaming licensed establishments in other communities; however, if the Village was to allow video gaming then businesses might have to compete against new local video 3) There was a question regarding the number of video gaming licenses that have been revoked by the state. 4) It was noted that if video gaming was approved it would be difficult to repeal in the future. 5) There was a discussion regarding the value of video gaming as a revenue source and an opportunity to diversify municipal revenue streams. 6) There was a discussion regarding the distribution of video gaming revenues and that a good portion of the money is leaving the community. 7) There was a general discussion regarding the budget and Illinois Video Gaming Distributive Fund. 8) It was noted that while some neighboring communities allow video gaming, there are several that still have it prohibited. 9) There was general discussion regarding the unfavorable perception that is associated with gambling. 06/09/15 Committee of the Whole Page 3 of 7 10) There were general comments regarding the need for a referendum before a decision is made to permit video gaming. 11) There was a request for more information regarding crime related to video gaming terminals and to estimate the amount of staff time required to issue local video gaming licenses. ordinances and liquor codes from communities that allow video gaming. Also, there was consensus to consider the placement the question on a referendum based on that information and the next opportunity would be the March 2016 Presidential Primary. V. SPECIALTY LIQUOR LICENSE DISCUSSION Mayor Juracek stated that over the past couple of years the liquor code has been modified to allow for new opportunities for businesses (i.e. allowing B.Y.O.B). She stated the number of craft breweries is growing nationally and locally; however, the Village Code does not currently have a craft brewery liquor license. Staff has reviewed craft brewery liquor license ordinances in other communities in order to determine how to incorporate such a license in the Village Code. Acting Village Manager Strahl provided an overview of the differences between a craft brewery and a microbrewery. He stated the craft brewery license could be utilized as a starting point and expanded upon if necessary. He stated for example the Village of Algonquin craft brewery license initially restricted the number of servings per customer to two; however, they later repealed that restriction. Administrative Assistant Doreen Jarosz stated craft brewers have approached the Village when researching a possible location for their business and have been turned away, since we do not have a craft brewery liquor license. She stated in local communities that allow craft breweries the businesses tend to locate in industrial districts. She stated the Kensington Business Center or industrial districts by the United Airlines property provide some ready-made potential locations for craft breweries. She stated craft breweries are regulated by the State Commission. She stated the draft ordinance is a combination of the S General comments from the Village Board members included the following items: 1) There was a clarification regarding craft brewery permitted hours of operation and how such hours might share the Package Liquor license hours of operation; however, establishments can design their own hours within the permitted hours. 2) There was a discussion regarding growlers and howlers and if onsite consumption was permitted. 3) (5 - 2 ounce samples) and breweries of beer designed for 4 to 6 - 4 ounce samples. 4) There was a discussion regarding limits on retail purchases of packaged liquors from such licenses. I 5) There was a question regarding if craft breweries would be limited to -1 (light industrial) zoning districts and if businesses would be allowed to have a tasting room downtown. 06/09/15 Committee of the Whole Page 4 of 7 Mayor Juracek provided an opportunity for the members of the audience to present their comments and concerns. Andrew Schmidt 515 S. Pine Avenue, Arlington Heights said. He stated that he is a home craft brewer and has evaluated the craft brewery business model as a potential future entrepreneur. He stated the two (2) beer serving limit should be reconsidered, because a brewery has to sell a large portion of beer to individuals to cover expenses. Sales from distribution are minimal and profits from distribution will not be realized until the brewery has established its brand. He stated it is also very difficult to get a craft brewery on a tap in a restaurant or bar. Additionally, bottling beer is very expensive for craft breweries and would be the last step of the business model. He also requested the Village Board to consider a craft brewery providing non-perishable package foods to comply with the food service requirement. He stated a tap (tasting) room average capacity is about 60 people. He stated craft breweries tend to operate during afternoons and evenings (3 p.m. to 10 p.m.) and could very possibly be closed on Mondays and Tuesdays. General comments from the Village Board members included the following items: 1) There was general discussion regarding the sale of beer on premise and by distribution. 2) It was noted that the liquor license should not have restrictions which hinder a business to succeed. 3) There was a discussion on food service requirements and allowing patrons to bring take out or order in from restaurants. There was general consensus to pursue a craft brewery liquor license and that modifications to the draft ordinance should complement the craft brewery business model. VI. CONSIDERATION OF REVISING THE RECRUITMENT RULES FOR POLICE OFFICERS TO ALLOW PERMANENT RESIDENTS (NON-U.S. CITIZENS) Police Chief Janowick introduced the proposed change to the current hiring requirements to recruit police officers to accept applicants who are U.S. citizens or permanent resident (non-citizens) with the appropriate work visas. He stated the purpose behind this request is twofold: first, to expand the recruit applicant pool for the Police Department in an effort to meet changing demographics within the community this revision was prompted by the Board of Fire and Police Commission (BOFPC) and there has been substantial discussion over the past several BOFPC meetings. BOFPC Chair Skowron stated this discussion was first considered after a commission member inquired about federal government hiring of permanent residents. She stated the Village attorney reviewed Federal and State regulations regarding hiring permanent residents and potential issues. She stated a benefit of allowing permanent residents into the police officer applicant pool includes a greater opportunity for diversity. Another benefit is the potential to increase the total number of applicants which have decreased in part to competition between communities for applicants. 06/09/15 Committee of the Whole Page 5 of 7 Police Chief Janowick stated the face of the police officer may be the only face that people may know in the community. He stated the department has done an excellent job in outreach to the various cultures in Mount Prospect; however, the question is how to continue to improve the quality of service. General comments from the Village Board members included the following items: 1) There was clarification regarding that permanent resident (non-citizen) applicants would be required to comply with all testing requirements, placed in the same pool with other candidates and receive no special treatment because of language skills. 2) There was discussion regarding permanent residents in the workforce and their ability to serve in the military. 3) There were questions regarding how an officer qualifies for a language specialty and available department programs for officers to learn additional languages. 4) There was general discussion regarding the sworn oath police officers take to uphold the U.S. and Illinois Constitution and loyalty to the community. 5) There was a discussion regarding officers beat rotation and how language specialties are utilized. Police Chief Janowick stated staff recommends amending the Village Code to permit the hiring of permanent residents as police officers by the Village. Staff includes the following options for consideration to enhancing our ordinances as other communities have done across the United States. He offered no preference of one option over another. Acting Village Manager Strahl suggested Option 2 and depending on the impact to the applicant pool Option 1 could be considered in the future. Option 1: ss the person is a citizen of the United States of America, or a permanent resident duly authorized to work in the United States of America the person is a citizen of the United States of America, or a permanent resident duly authorized to work in the United States of America who has maintained residency for five years (or three years if married to a United States Citizen) and has applied for There was general consensus to further consider revising the Village Code to expand the recruit applicant pool for the Police Department by proceeding with Option 1 of the two options presented. VII. Acting Village Manager Strahl stated Coffee with Council is scheduled for Saturday, June 13 from 9:00 a.m. to 11:00 a.m. at the Village Hall. VIII. ANY OTHER BUSINESS Trustee Polit stated the Blues Mobile Cruise Nights are every Saturday night during the summer and open for the third week of this year. 06/09/15 Committee of the Whole Page 6 of 7 IX. ADJOURNMENT The meeting adjourned at 9:41 p.m. ALEXANDER BERTOLUCCI Administrative Analyst 06/09/15 Committee of the Whole Page 7 of 7