McHenry Times

City of Crystal Lake City Council Met Jan. 19.

Here is the minutes provided by the council:

Call to Order

Acting Mayor Haleblian called the meeting to order at 7:00 p.m.

Roll Call

Acting Mayor Haig Haleblian, Councilmembers Brett Hopkins, Cameron Hubbard, Mandy Montford and Ian Philpot were present. Councilmembers Ellen Brady and Cathy Ferguson were present via teleconference. City Clerk Nick Kachiroubas was absent. Deputy City Clerk Eric Helm was also present.

Also present were City Manager Gary Mayerhofer, Assistant to the City Manager Nick Hammonds, Director of Public Works and Engineering Mike Magnuson, Director of Community Development Michelle Rentzsch, Finance Director Jodie Hartman, Fire Rescue Chief Paul DeRaedt, and Chief of Police James Black. City Attorney John Cowlin was also present. Special Legal Counsel Victor Filippini was present via teleconference.

Approval of Councilmembers Brady and Ferguson Telephonic Attendance Councilman Philpot moved to approve Councilmember Brady's and Councilmember Ferguson's telephonic attendance of the City Council Meeting. Councilman Hubbard seconded the motion. On roll call, all present voted yes. Motion passed.

Pledge of Allegiance

Acting Mayor Haleblian led the Council and the audience in the Pledge of Allegiance.

Approval of Minutes

Councilwoman Ferguson moved to approve the minutes of the January 5, 2021 Regular City Council Meeting. Councilman Hubbard seconded the motion. On roll call, all present voted yes. Motion passed.

Accounts Payable

Councilwoman Ferguson moved to approve the Accounts Payable in the amount of$2,251,076.30. Councilman Hubbard seconded the motion. On roll call, all present voted yes. Motion passed.

Public Presentation

Acting Mayor Haleblian asked if anyone in the audience wished to speak on matters of general public interest or concern not included in the regular agenda, advising they would be given an opportunity to speak when the agenda item was considered.

No one wished to speak. Acting Mayor Haleblian closed the Public Presentation portion of the meeting.

Acting Mayor's Report

Acting Mayor Haleblian offered condolences to the family and friends of former volunteer Fire Rescue Lieutenant Charles Gumprecht who passed away earlier today at the age of 94 years old.

Acting Mayor Haleblian asked Police Chief James Black to provide an overview of House Bill 3653, which was recently passed.

Chief Black provided an overview of HB 3653 for the Acting Mayor and City Council. He said the bill was first introduced on January 5, 2021 as Bill 0163, but had changed several times once it was filed, ultimately becoming an 765-page omnibus bill that was presented to the Senate at 3 :51 in the morning on the day the lame duck session was to end.

Chief Black said the Senate was given about an hour to review and vote on the bill before it moved to the House. He said he was in Springfield on January 9-10, 2021 for the session and provided testimony representing the Illinois Association of Chiefs of Police and the organization's opposition to the bill. The bill originally removed tort and qualified immunity protections for law enforcement officers.

Chief Black said there is a misconception that law enforcement officers can act without consequences, which is not true. Officers are open to civil lawsuits. He said the final bill did not remove immunity protections temporarily, and created a task force to review this issue and report to the governor in the spring. The bill also allows the Attorney General to take civil action against police officers who allegedly commit civil rights violations. The first offence results in a $25,000 fine, with a fine for subsequent offenses of $50,000.

Chief Black said at this time it is not clear if the officer will be held punitively responsible for the fines or if the municipality would be responsible. He said it is also unclear if a civil action is taken by the Attorney General if a civil suit could still be filed at the federal level.

In addition, Chief Black said the bill also includes co-responder programs regarding mental health and substance abuse. He said, as the City Council is aware, the City already participates in programs such as the Way Out program to assist individuals. The bill identifies persons such as social workers working with these individuals as first responders, but is lacking detail regarding what the program is and what it is supposed to do. The bill provides for behavioral health and social workers to co-respond with law enforcement, but does not identify a model and Crystal Lake would more than likely not qualify for funding for implementation, as it does not meet the parameters outlined in the bill.

Chief Black said the Illinois Chiefs were not opposed to this element of the bill but were hoping for more clarification regarding the role of law enforcement as a co-responder. He said a pilot program was discussed for Cook County that could then be built upon, but this did not make it into the bill.

The bill also adds crisis intervention training to the police academy, which Chief Black said was not opposed. He said Crystal Lake officers already attend an academy offering this curriculum.

Chief Black also highlighted other large items in the bill including the mandating of body-worn cameras, which the City is in the process of testing systems. He said this is outlined in the bill by City population. The bill prohibits officers from reviewing footage prior to writing police reports, and if an officer forgets to tum on the camera or if there is any violation of the body camera statute, the officer can be charged with a Class 3 felony for law enforcement misconduct. This is also an unfunded mandate, with no State money available to help offset the costs.

Chief Black said collective bargaining items were also removed from the bill, including the removal of a signed sworn affidavit requirement for complaints against officers. He said the Crystal Lake Police Department is a CALEA nationally accredited organization, so complaints are always taken anonymously and upon investigation if it is determined there is a basis for possible officer discipline, the department will sign the affidavit. This is not an issue.

Chief Black said there is an issue with how the language is included in the bill as part of the licensing and decertification section, coupled with the establishment of a police misconduct database. Any complaint an officer receives will be stored in this database, whether or not it is factual or if it is sustained or not sustained. He said this can be onerous and may lack integrity in certain situations.

Chief Black said the Chiefs and Sheriffs associations are not against a standardized national use of force policy, and this was made clear to the General Assembly. He said none of the language offered regarding a standardized use of force policy was used, but instead vague language was added that may inhibit an officer's ability to use force in certain situations. The language and lack of definitions are concerning.

In addition, Chief Black said the bill prohibits the use of kinetic impact projectiles or less non lethal projectiles that target certain areas of the body, but without a definition of what weapons would fall in this category. Ambiguous language is also included regarding the duty to intervene and duty to render aid. He said clarification is needed here because violations are considered a Class 3 felony and have serious ramifications.

Chief Black said he said there are also serious concerns regarding pretrial release conditions included in the bill, which severely limit the ability of officers to arrest offenders.

He said there are portions of the bill that he is comfortable with and in fact, he worked closely with the Attorney General regarding the licensing and decertification portions. This will help keep bad officers from jumping from department to department.

Acting Mayor Haleblian asked Chief Black how the City's officers are responding to the bill. Chief Black said they are scared especially of the tort and immunity provisions, which would open officers up to frivolous lawsuits. He explained how qualified immunity helps protect officers if an honest mistake is made during a situation barring other law or regulation covering this area. There are definite concerns in this area.

Acting Mayor Haleblian said he is concerned with the financial liability to both the officers and municipalities and formally asked Governor Pritzker to hold off on signing the bill and investigate other options.

Councilwoman Ferguson commended Chief Black on his efforts to understand and work through the many issues related to this bill. She said she has been involved with the behavioral components through the McHenry County Mental Health Board for some time. The McHenry County Council of Governments and the Illinois Municipal League are opposed to the bill.

Councilman Philpot stated he thought the City has looked into body cameras in the past, but when the COVID-19 pandemic hit, monies needed to be reallocated. Chief Black said he has been Chief for eight years and there has been capital funds budgeted in the past, which were removed. He said the department is testing cameras now and they will be included in the upcoming budget for the City Council for discussion.

Chief Black said he is a proponent of body worn cameras and feels they will help officers. He said he hopes the bill language is cleaned up to clarify regulations.

City Manager Gary Mayerhofer said the department is looking at three manufacturers and at the conclusion of the evaluations cost estimates will be put together to include in the budget.

Councilman Philpot stated he is disappointed the State has mandated the cameras but provided no funding to help purchase and for implementation in addition to other concerns. He agreed with Councilwoman Ferguson and commended Chief Black for his efforts.

Councilwoman Brady asked about the pretrial release conditions of the bill related to domestic battery. Chief Black stated this is concerning and said judges will still have a checklist to determine the risk of release for offenders. He said the offender would be arrested and removed, but there is no way to determine if he or she would be released after booking based on the new bill.

Acting Mayor Haleblian thanked Chief Black for his time.

Acting Mayor Haleblian asked Fire Rescue Chief DeRaedt for an update regarding COVID-19 vaccination distribution. Chief DeRaedt said vaccinations in Phases IA-IC will be completed in a closed setting, not open to the public. Once vaccinations move into Phase 2, this will be open to the general public and McHenry County will be engaging with different locations in the area including high schools, McHenry County College (MCC), the County fairgrounds, and the Algonquin Public Works Department. He said there is discussion of using facilities for possible distribution for earlier phases but this has not been established.

Chief DeRaedt said the Health Department would like to complete vaccinations outside if possible at locations such as MCC as there are students in the building (drive-through or tent). MCC is definitely in the plans for Phase 2, but a timeframe has not been determined for this yet, and could be a few months out. He said he has told the County that the City would be willing to help identify other potential vaccination sites in Crystal Lake.

Acting Mayor Haleblian asked about the status of Fire Rescue employee vaccinations. Chief DeRaedt said we do not know how many were vaccinated, but 2/3 of Fire Rescue employees were interested in it. These employees could be vaccinated in a later phase if they wanted to. He said it is voluntary, but the City has provided the County with a number of the remaining interested employees (Phase lB and lC) to help them plan for future clinics accordingly. The County has started vaccinations for law enforcement.

Chief DeRaedt said the first clinic for first responders was held on December 28, 2020, and those receiving the first dose of the vaccine will be able to receive their second dose shortly.

Councilwoman Brady said her daughter was vaccinated on Saturday. She said the process is slow, but moving forward.

City Council Reports

Councilman Philpot reminded people to please wear masks if social distance cannot be maintained.

Consent Agenda

Councilwoman Brady moved to approve a Consent Agenda including items 10 and 12. Councilman Hubbard seconded the motion.

Acting Mayor Haleblian asked if anyone wished to speak on the Consent Agenda. No one wished to speak. On roll call, all present voted yes. Motion passed.

10. Approved the Planning and Zoning Commission recommendation and adopted an Ordinance amending Article 9-200 E 13 of the Unified Development Ordinance (UDO) - Amendment to a Final (PUD) plan, to change the consent threshold as recommended by staff.

12. Awarded the bid for generator maintenance services to the lowest responsive and responsible bidder, Midwest Power Industry Inc., and adopted a Resolution authorizing the City Manager to execute a one-year contract with Midwest Power Industry Inc. in the amount of $71, 617, with four optional one-year extensions in the amounts bid and approve an additional not to exceed $35, 000 annual allowance for needed repairs at the bid repair rates and price markup.

11. Unified Development Ordinance (UDO) Text Amendment to Articles 2 & 4 for changes to Medical Cannabis Uses and to allow Cannabis Business Establishments Community Development Director Michelle Rentzsch provided the Acting Mayor and City Council with history of the State of Illinois 2014 approval of medical cannabis dispensaries and cultivation centers, which did not allow municipalities to opt-out. As such, the City of Crystal Lake allowed them as a Special Use Permit in the farming and manufacturing districts.

In 2019 after the State approved recreational cannabis dispensaries, the City of Crystal Lake approved them in the B-2 commercial district with 500-foot buffers from sensitive uses (schools, daycares, parks, etc.) and 250-foot buffers from residential uses. Other cannabis business establishments were not considered at that time, instead waiting a year for consideration.

Other cannabis business establishments and revisiting medical cannabis dispensaries were being discussed tonight. Ms. Rentzsch said now that recreational cannabis dispensaries are allowed in the B-2 zoning district, maybe it would make sense to also allow medical cannabis dispensaries in B-2 instead of farming district and allow medical cultivation centers in the W district to make things parallel with recreational cultivation centers. She said this would be a change from what is currently allowed.

Ms. Rentzsch provided an overview of the five uses under consideration: Cannabis Infuser, Cannabis Processor, Cannabis Transporter, Cultivation Center, and Craft Growers. Products from these uses are only sold through dispensaries. She said all of these uses could be allowed as Special Use Permits in the Manufacturing district as they are manufacturing uses, with Cultivation Centers and Craft Growers also being allowed in the Watershed district with Special Use Permits. A 500-foot buffer is recommended near both sensitive uses and residential areas. Special Use criteria include prohibiting the emission of dust, fumes, vapors, or odors in a manner that impacts neighboring premises or properties or any public property or right-of-way shall be prohibited. To the extent necessary, mechanical equipment shall be installed to eliminate odor leaving the building would be required as well.

Ms. Rentzsch said there were three paths of action for the Acting Mayor and City Council.

A) Adopt an Ordinance amending the UDO text for Medical Cannabis Dispensaries, Medical Cannabis Cultivation Centers and Cannabis Business Establishments with their respective criteria. OR

B) Motion to approve the PZC recommendation and adopt an Ordinance amending the UDO text for Medical Cannabis Dispensaries, Medical Cannabis Cultivation Centers and defer consideration of the other Cannabis Business Establishments for six months. OR

C) Motion to recommend the prohibition of the following categories of Cannabis Business Establishments: cultivation center, craft grower, infuser, processer, and transporter.

Acting Mayor Haleblian asked if there were any questions regarding this item.

Councilman Hopkins asked Ms. Rentzsch if infuser and processor uses are usually found together. Ms Rentzsch said yes.

Councilman Hopkins asked about transport uses. Ms. Rentzsch said transport uses are usually separate businesses.

Councilman Hubbard asked how licensing works for the categories discussed tonight vs. dispensaries. Ms. Rentzsch stated that it has been hard to track what is happening at the state level. She said craft growers have sued the governor because of licensing delays. There is a backlog of these licenses. However, she said licenses are based on the demand and supply that is being monitored by the state, and additional cultivation centers and craft growers may be added.

Acting Mayor Haleblian asked if there was public comment regarding this item.

A pair of Crystal Lake residents expressed their concerns to the City Council. The man asked Ms. Rentzsch if cannabis businesses had already been approved. Ms. Rentzsch said yes, cannabis dispensaries are approved in the B-2 zoning district, up to two in the City. There have been no applications. She explained the businesses would also need to be outside of the buffers outlined by City ordinance.

The woman said, as a parent, she has concerns with the other cannabis business uses being discussed tonight, and wanted to protect the community.

The man asked if people are allowed to smoke cannabis in public places. Councilman Philpot said smoking is allowed in people's private residences, that public consumption is not allowed. Chief Black concurred, saying public consumption is not allowed by current state statute.

The woman asked about cafe-type businesses. Ms. Rentzsch explained the businesses being considered tonight are manufacturing uses and, if approved, would be allowed in manufacturing zoning and not discernible from other manufacturing uses. She was not sure if cafes would be coming to the state in the future.

Councilman Philpot and Councilwoman Montford stated there are security measures in place for dispensaries, and that not anyone can just walk in. Councilwoman Montford said she agreed with the resident's concerns as a parent, but said the regulation does have benefits.

The residents thanked the City Council and staff for clarifying the issue and asked that restrictions be placed on location of the businesses.

Dave Goss, a 40-year resident of Four Colonies and former Board and Commission member, stated Chief Black appeared before the Planning and Zoning Commission last year and explained that he was not in favor of allowing dispensaries in the B-2 zoning district, that instead they should be more isolated. Mr. Goss stated that residential districts should be protected at all costs, and this was where Chief Black was coming from when he spoke. Mr. Goss said these uses should be on the outskirts of a city so residents are not impacted.

Mr. Goss said the state did not have a referendum to decide if cannabis should be allowed, the state just did it. He said he feels Crystal Lake should have a referendum to decide if these uses should be allowed in the City, and that he is not in favor of allowing the uses as discussed at tonight's meeting. He said residential uses are very hard to protect.

Sue Johnson, 817 Chasefield Lane, also expressed concerns over allowing cannabis uses and cultivation centers. She said they would be a detriment to the community and urged the City Council to vote no on this issue.

Spencer Wilson, 1350 Knollwood, spoke of his experience working as an engineer for a dispensary in New York. He said there are positive impacts from the business, but there are also long term effects. He is concerned with the mental health impacts on teenagers whose brains are not fully developed, especially with the COVID-19 lock down.

Mr. Wilson asked that, at a minimum, the City Council delay approval of these cannabis business establishments until the end of lockdown from the pandemic and businesses are reopened.

Theresa Fronezak, 1550 Birmingham Lane, also expressed her concerns regarding approval of cannabis business establishments. She urged the City Council to vote no and set a positive example for children and send the message that public health is more important than tax revenue. She urged the City Council to research what is happening in Colorado now as a result of cannabis legalization there.

Acting Mayor Haleblian asked if City Councilmembers had any questions.

Councilwoman Brady said there appeared to be a misconception. She said recreational cannabis dispensaries were approved by the City Council last year, and the issues up for consideration tonight were allowing medical cannabis dispensaries to be located in a different zoning district and if other cannabis business establishments (not dispensaries) would be allowed in the City.

In addition, Councilwoman Brady said the City has never utilized tax revenues from cannabis sales to balance the budget. She said she takes offense to this notion, and said the City does not need cannabis funding to be a successful community. Crystal Lake has received budgeting awards year after year. She said that she does not see the same distinction as the Planning and Zoning Commission did on this issue and would be in favor of Option A.

Councilwoman Ferguson said when the recreational cannabis dispensary issue was considered by the City Council she voted no. She said currently no businesses have applied for a Special Use Permit, and there are none located in the City.

Councilwoman Ferguson said the businesses under consideration tonight are not such that people would be able to walk in and make a purchase (not dispensaries), they would not be able to advertise and the general public would not be impacted. She said these businesses would also have to be licensed and have a Special Use Permit. To date, this has not happened.

Councilwoman Ferguson said the City is trying to control where they can locate and the number allowed, as the state has already decided the other issue. She said she is in favor of making all the buffers 500 feet. She clarified the City is not balancing the budget on cannabis uses, as there are none.

Councilman Hubbard echoed Councilwoman Ferguson's comments, adding he thinks the City has done an excellent job addressing the new laws and issues as they develop and has not rushed into making decisions. He said he is in favor of Option A, that the City is cleaning up what and where businesses are allowed.

Councilman Philpot said he is in support of the buffer requirement and including medical cannabis dispensaries in the B-2 zoning district. He said he views the businesses as additional job opportunities in Crystal Lake, and that maybe small businesses will locate here that are not allowed elsewhere.

Councilman Philpot said this is a highly regulated business with security and the chance of someone underage getting into a location is minimal. He said he would be in favor of Option B, but would also be in favor of Option A if the City Council followed the Planning and Zoning Commission recommendations and revisited the item in one year.

Councilwoman Montford said she agreed with Councilman Philpot that is an opportunity for jobs and business growth. She said this is an opportunity for the City to wrap its arms around something that needs to be regulated.

Councilwoman Montford said families, schools, and churches will help with teenagers illegally getting marijuana, that the zoning and regulation of these businesses is a different issue. She said she in favor of Option A.

Councilman Hopkins said he would be the outlier. He said this is all new in Illinois and there have been lessons learned with gaming regulation that may help with regulating marijuana. He said recreational dispensaries are already approved, and the issue is if the other uses should be.

Councilman Hopkins said he did not know if dispensaries and other uses would help get illegal drugs off the street. He said his concern is the unknown of the uses and what their impact will be, and there is no urgency to approve these items.

Councilman Hopkins said at a minimum, he would be in favor of Option B. He said he thought this was not the time to push businesses.

Councilwoman Montford clarified that odors and other potential impacts of the uses can be mitigated and impacts would not be different from other manufacturing uses. Ms. Rentzsch said that is correct.

Acting Mayor Haleblian said from his perspective, recreational dispensaries have already been approved, and this would be tweaking things. He said he did not feel that it would make that much of a difference if things were approved now or in six months, as there are no businesses that are interested at this time.

Acting Mayor Haleblian said he does not like to kick the can down the road. He said he is in favor of Option A and the City Council should vote on the issue tonight. He said dispensaries have security measures in place.

Councilwoman Brady asked about the buffer requirement for liquor establishments. Ms. Rentzsch and Deputy City Manager Eric Helm said it is 100 feet from sensitive uses (schools, churches, etc.).

Councilman Philpot moved to adopt an Ordinance amending the UDO text for Medical Cannabis Dispensaries and Medical Cannabis Cultivation Centers to update these provisions and Cannabis Business Establishments (recreational cannabis cultivation centers, craft growers, infuser/processors, and transporters) as a Special Use Permit with a 500-foot buffer from sensitive land uses in the Manufacturing zoning districts and some of these in the Watershed district. Councilwoman Montford seconded the motion.

Councilwoman Ferguson asked for clarification regarding which option this was. Councilwoman Brady said it is Option A.

Councilman Hubbard asked how the permit process would work if a business approached the City. Ms. Rentzsch stated that every cannabis use would be a Special Use Permit. Items would go to the Planning and Zoning Commission for a public hearing, notification would be required for surrounding property owners, and then ultimately to the City Council for consideration. She said all Special Use Permit criteria as outlined in City ordinance would need to be met.

Ms. Rentzsch clarified that the buffer for cannabis uses tonight is 500 feet from sensitive uses and residential.

Councilman Hopkins asked if a use meets all the Special Use requirements for cannabis uses, what is the criteria to deny a request. Ms. Rentzsch said in addition to the requirements for cannabis Special Uses, general requirements for other Special Use Permits must be met (no environmental impact, no impact on traffic, use is necessary and desirable at that location, etc.) must also be satisfied.

Councilman Hopkins said he wanted to clarify if a request meets all requirements, the City cannot deny a request. Special legal counsel Victor Filippini stated that is correct, but stressed businesses would also be required to follow State licensing requirements.

On roll call, Acting Mayor Haleblian and Councilmembers Brady, Ferguson, Hubbard, Montford and Philpot voted yes. Councilman Hopkins voted no. Motion passed.

Council lnquiries and Requests

Councilman Hopkins and Acting Mayor Haleblian said with the movement of Region 9 to Tier 2, there is light at the end of the tunnel.

Adjourn

There being no further business, Councilman Hubbard moved to adjourn the meeting at 8:34 p.m. Councilman Hopkins seconded the motion. On voice vote, all present voted yes. Motion passed.

https://ecode360.com/documents/CR2206/public/586047695.pdf