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Agenda Item Details
Meeting Oct2, 2019 JOINT VILLAGE BOARD AND FINANCE - .
Category 2. APPROVAL OF COMMITTEEWHOLE
Subject 2.1 Miu f the Joint Village Boardlin iCommission- Committee
the Whole Minutes - October 8., 2019
Tye Action
10 8 .
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JOINT VILLAGE BOARD AND PLANNING AND ZONING
COMMISSION —COMMITTEE OF THE WHOLE MINUTES
— October 8, 2019 —
V Floor, Village Board Room
Village Hall, 50 S. Emerson Street
1. ROLL CALL— CALL TO ORDER
The meeting was called to order at 7:03 p.m. in the Village Board Room of the Village Hall,
50 South Emerson Street, by Mayor Arlene Juracek. Trustees present included William
Grossi, Eleni Hatzis, Paul Hoefert, Richard Rogers, Colleen Saccotelli and Michael Zadel.
Planning and Zoning Commission members present included Joseph Donnelley, William
Beattie, Tom Fitzgerald, Norbert Mizwicki, Walter Szymczak and Lisa Griffin. Augie
Filippone and Sharon Otteman were absent
Staff present included Village Manager Michael Cassady, Assistant Village manager Nellie
Beckner, Village Clerk Karen Agoranos, Director of Community Development Bill Cooney,
Deputy Director of Community Development Consuelo Arguilles, Director of Finance Amit
Thakkar, Chief of Police John Koziol, Fire Chief Brian Lambel, Human Services Director
Julie Kane, Public Works Director Sean Dorsey, Director of Building and Inspections Bill
Schroeder, Deputy Director of Building and Inspections Mark Rysavy, Community
Development Review Planner Jason Shallcross, Executive Assistant to the Village
Manager Doreen Jarosz and attorney Cailin Culbertson.
2. APPROVAL OF MINUTES
Trustee Hoefert, seconded by Trustee Rogers, moved to approve the minutes of the Joint
Village Board and Planning and Zoning Commission Workshop of September 24, 2019.
The minutes were approved by unanimous voice vote.
3. CITIZENS TO BE HEARD
None
4. DISCUSSION ITEMS
4.1 Recreational Cannabis Act:Discussion and Options for Consideration in the Village of
Mount Prospect
Mayor Juracek provided an opening statement stating the purpose of tonight's discussion
is to provide guidance to the Planning and Zoning Commission through discussions that
will help design a strategy to either Opt-in or Opt-out of the Recreational Cannabis Act.
Assistant Village Manager Nellie Beckner presented the draft ordinances that will be the
basis for tonight's discussion. Ms. Beckner stated the opt-out decision is straightforward
and prohibits the recreational retail sale of cannabis and associated growing and
manufacturing businesses in the Village. It will not prohibit residents from purchasing
cannabis elsewhere and consuming the product in legal, private locations within the
Village. The opt-out decision requires no action from the Planning and Zoning
Commission; action will be taken at Village Board level.
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The opt-in ordinance will allow the Village to regulate recreational cannabis business
establishments in various capacities.
Ms. Beckner provided a summary of the "opt-in" general regulations:
• New article added to Chapter 11 of the Village Code that would include definitions
of each Cannabis Business Establishment type and supporting terms. This will
include an entire new article, Article XLI, devoted to Cannabis Business
Establishments.
• Regulations for dispensing organizations:
o Hours of operation
o Advertising restrictions
o Prohibit existence of cannabis lounges, social spaces and cafes; prohibits any
restaurant or business from allowing on-site consumption
o Minimum age of 21 to purchase
o Language regarding unlawful operation of any cannabis business
establishment; Village Manager can suspend or revoke business and
conditional use permits
Ms. Beckner provided an overview of Zoning Regulations considered in the "opt-in"
ordinance
• Additional text added to Chapter 14 requiring a public hearing
• Land Use tables would reflect each type of Cannabis Business Establishment
• Dispensaries would require a conditional use in the B-3 and 1-1 zoning districts.
• No recreational cannabis establishments would be considered a permitted use in
the Village
• Medical cannabis dispensaries would continue to be regulated as pharmacies
• Ordinance proposes a 100-foot restriction on any cannabis establishment from any
public or private school, church/place of worship or hospital.
• Prohibit any two (2) cannabis establishments from being located within 1500 feet
of each other
Ms. Beckner displayed an area map depicting location restrictions at 100 feet; map
included B-3 and 1-1 zoning districts.
Ms. Beckner stated the Board will provide direction to either"opt—in" or"opt-out" and next
steps with a plan of action. The Opt-in approach requires at least 2-3 additional meetings
with a Public Hearing with the Planning and Zoning Commission. The Village Board will
review for a first and second reading of the ordinance. Ms. Beckner stated the Opt-in
budget impact is estimated at$440,000 in annual revenue should the associated taxation
ordinance be adopted assigning the maximum 3% additional tax.
Board Comments
• Code should include uncompromising advertising restrictions
• 100 ft. restriction should include parks
Staff provided the following in response to questions from the Village Board:
• $440,000 estimate is based on one establishment
• Estimate was calculated using figures from Colorado; adjustments were applied
using Illinois data on population, market conditions and number of issued licenses.
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• Act states municipalities can restrict distance from sensitive areas; no other
distance restriction for location (except for 1500 feet between dispensaries)
• Village cannot prohibit or regulate billboards in unincorporated Cook County
Mayor Juracek led the discussion regarding the Opt-in ordinance, reviewing the ordinance
page-by-page. Mayor Juracek stated the trailer bill will address some areas that need
clarification in the Act. The discussion included sections requiring additional clarification
and/or additional language in the draft ordinances.
• Language should include age requirements for those employed by dispensaries to
restrict anyone 21 years or younger from employment
• Unlawful for any business to allow consumption on premises
• Clarifying language should be added to address use in private homes
• Distinguish between what is to be considered advertising versus business
identification
• Land-use tables were discussed further; if parks were included in the 100 ft.
restriction, it would eliminate dispensaries for operating anywhere in the Village.
Ms. Beckner noted that the draft ordinance allows for two (2) types of businesses such as
a craft grower and dispensary, to operate under one facility. This would require two
separate licenses.
Public Comment:
Louis Goodman
310 N. School Street
• Questioned why the Act includes hospitals with schools and churches in the
distance restriction. Mayor Juracek stated it is in the state law and was unaware
of the reason behind it.
Mark DeSouza
Owner, New Age Care
• Thanked the Village and Board for open discussions and meetings.
• Committed to remaining good stewards for the community and looks forward to
guidance and involvement from Board; if approved, will apply for a dual-operating
license.
Jorie Ouimet and Kris Zerfass
Link Together Coalition
• Provided new information including a FDA recommendation stating no one
should use a vaping device that contains THC
• Cautioned against the use of words and descriptions that target and attract
children
• Expressed belief that Increased access equals increased use
• Stressed the dangers of vaping
Bill Heart
200 Block of S. Louis St.
• Asked the Board to consider voting against the sale in Mount Prospect; bad idea
and will tarnish the Village's image.
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• Too easy for children to access this and considers cannabis a gateway drug.
Mayor Juracek opened a discussion regarding next steps and opened the floor to the Board to
provided additional comments.
Trustee Grossi
• Medical cannabis facility has been a good neighbor
• Reminded everyone that it is still illegal at the federal level and is leaning toward opt-out
decision
Trustee Hoefert
• Has not heard strong or convincing reasons why the Village should opt-in.
• Should not opt-in just for the financial benefit
Trustee Zadel
• Views this as a business opportunity; legal product that we can regulate
• Recognizes this is a sensitive subject but now that it is legal, we need to make important
decisions that can ultimately benefit the community and businesses.
• Supports further review and discussion and recommends this moving forward to the
Planning and Zoning Commission
Trustee Rogers
• Opposed video gaming and this is a similar negative issue; but now that it's here, we need
to regulate it as much as possible
• Opposes lounge or cafe concepts
Trustee Hatzis
• Concerned with challenges the Police Department will encounter
• Expressed personal concerns as a parent
• Does not feel this has a place in Mount Prospect; not appropriate for family-oriented
community like Mount Prospect
Trustee Saccotel I i
• Difficult issue; personal concerns as a parent however, the Board represents the
community and decisions must reflect this represention
• Disappointed the public has not been more vocal; Board has received very little input from
residents
• There are still a lot of unknowns that need to be addressed and looks forward to the
Planning and Zoning process as the next step
Mayor Juracek referred to the 2018 advisory referendum in which 54% of Mount Prospect voters
voted in favor of legalization. Mayor Juracek offered some benefits of legalization including the
reduction of the cartel's influence by taking away business from them and the availability of a
cleaner, safer product. Responding to a question from the Board regarding allocation of funds,
Village Manager Michael Cassady stated the 8% tax revenue the Village will receive from the
State will be restricted; however, the Village can decide how the 5% (2%sales tax and the optional
3% maximum tax) will be allocated.
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Mayor Juracek stated no one is committed to a certain decision at this point in the process. Mayor
Juracek and the Board directed staff to continue to refine the draft ordinances for presentation
and discussion at the Planning and Zoning Commission's public hearing.
5. MANAGER'S REPORT
Village Manager Michael Cassady reminded everyone that Octoberfest is this
weekend. Trustee Hoefert reminded Coffee with Council is Saturday.
6. ANY OTHER BUSINESS
NONE
7. ADJOURNMENT
The meeting adjourned at 9:14 p.m.
Respectfully submitted,
Karen Agoranos
Village Clerk
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