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HomeMy WebLinkAbout2.1 Minutes of the Joint Village Board and Planning and Zoning Committe of the Whole - October 8, 2019 10/22/2019 BoardDocs®Pro IL 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 . https://go.boarddocs.com/il/vomp/Board.nsf/Private?open&login 1/1 IMMI4191fIWfIWWVMIXMWIIMIpININNINNIVMWIIYIYIIIWIIIIIIIIIW.YWWWIWWWI 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. Committee of the Whole Page 1 of 5 10/08/201 9 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. Committee of the Whole Page 2 of 5 10/08/201 9 • 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. Committee of the Whole Page 3 of 5 10/08/201 9 • 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. Committee of the Whole Page 4 of 5 10/08/201 9 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 Committee of the Whole Page 5 of 5 10/08/201 9