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WHERE HISTORY & PROGRESS MEET
Approved with changes October 14, 2019
MINUTES
DEVELOPMENT COMMITTEE
September 9, 2019, 7:00 P.M.
1. Call to Order, Roll Call, and Establishment of a Quorum.
Alderman Stout called the meeting to order at 7:00 P.M.
Roll call found Aldermen James Beifuss, Melissa Birch-Ferguson, Matt Garling, Jayme
Sheahan and Rebecca Stout present.
Also in attendance was Community Development Director, Tom Dabareiner.
2. Approval of Minutes.
A. August 12, 2019.
Alderman Sheahan moved and Alderman Garling seconded a motion to approve the
minutes. Voting Aye: Aldermen Beifuss, Garling, Sheahan and Stout. Voting Nay: 0.
Voting to Abstain: Alderman Birch-Ferguson.
3. Public Participation.
Diane Ferguson of 30W276 Pomeroy Street spoke to the members. She recapped she had
previously talked to the members in 2018 about working to convey ownership of
McAuley School to the West Chicago Historical Society. She remarked that the idea of
restoring and resurrecting the school is in keeping with the spirit of Farmer McAuley’s
intention when he donated the land to build the school. She pointed out the resurrection
of the school would be of no cost to the taxpayers. And, in light of the fact that the
DuPage Business Center is taking off, it would bring to life the City motto of “Where
history and progress meet.” They have vendors, a structural engineer, landscapers,
painters, etc. lined up waiting to help. The school cannot be sold, and they hope that the
School District 33 will gift it. While there is additional work from the attorneys that
remains to be done, she hopes the members will agree to keep this matter moving along.
Development Committee Minutes
September 10, 2019
* | ! | ml
Page 1 of 11 475 Main Street | T (630) 293-2200 Ruben Pineda
West Chicago, Illinois F (630) 293-3028
60185 www.westchicago.org Nancy M. Smith Michael L. Guttman
CITY CLERK CITY ADMINISTRATOR

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4, Items for Consent. None.
5. Items for Discussion.
Alderman Stout announced that the agenda items for the evening’s meeting would be
taken out of order.
B. 207 Main Street — Consideration of a Resolution authorizing award of a
facade grant in the amount of $950.00.
Alderman Beifuss informed about a text change needed to the Agenda Item Summary
whereby “garage door replacements” should be changed to “awnings.”
Alderman Birch-Ferguson moved and Alderman Beifuss seconded a motion to
approve this Item. Voting Aye: Aldermen Beifuss, Birch-Ferguson, Garling,
Sheahan and Stout. Voting Nay: 0.
C. 111-115 Galena Street — Consideration of a Resolution authorizing award of
a facade grant in the amount of $12,268.00.
Alderman Beifuss asked whether the applicant would be allowed to apply again for a
facade grant in the next three years, given their award request is greater than $10,000.
Mr. Dabareiner said they would not be allowed. Alderman Garling asked Mr. Dabareiner
about the likelihood of receiving more grant requests for the remainder of the year if the
entire grant fund has already been awarded. Mr. Dabareiner replied they will not be able
to award any more grants, but they will likely receive two or three more inquiries.
Alderman Garling expressed caution about awarding nearly the entire year’s budget to
two requests from the same applicant. Mr. Dabareiner stated that it is allowed as they are
two different properties, even though it is the same owner.
Alderman Garling moved and Alderman Sheahan seconded a motion to approve
this Item. Voting Aye: Aldermen Beifuss, Birch-Ferguson, Garling, Sheahan and
Stout. Voting Nay: 0.
D. 136 West Washington Street — Consideration of a Resolution authorizing
award of a facade grant in the amount of $16,782.00.
Alderman Beifuss asked for clarification on why the amount requested is more than the
amount being awarded, and Mr. Dabareiner explained it is because it is what is left in the
facade grant fund. Alderman Beifuss stated that in the past, awards were granted on a
first come, first serve basis. He asked what happens if requests are received after the
funds have already been awarded, and Mr. Dabareiner answered that interested parties are
encouraged to apply after the first of the year, and he added that applications are
reviewed in the order they are received.
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Alderman Birch-Ferguson moved and Alderman Beifuss seconded a motion to
approve this Item. Voting Aye: Aldermen Beifuss, Birch-Ferguson, Garling,
Sheahan and Stout. Voting Nay: 0.
E. 124 West Stimmel Street — Plat of Easement for Storm Sewer and Drainage.
Alderman Garling moved and Alderman Sheahan seconded a motion to approve
this Item. Voting Aye: Aldermen Beifuss, Birch-Ferguson, Garling, Sheahan and
Stout. Voting Nay: 0.
A. 191 West North Avenue — Amendment to the Final PUD for the Shoppes of
West Chicago to allow the sharing of parking within the development to
accommodate a proposed banquet facility.
Tom Dabareiner explained this item was tabled at last month’s meeting so that the
petitioner could meet with staff and firm up some of the facts. They did indeed meet, and
the location of the banquet facility has changed and is now proposed in Units 6 & 7,
which is slightly smaller than the previous location. This results in one fewer parking
space being required. The hours of operation have increased to 5 PM to midnight
Monday through Friday and 10:00 AM to midnight on Saturday and Sunday. He also
reviewed the hours of operations for the other tenants, and pointed out that if the tenant
mix and operating hours change, this could present challenges for parking. If demand
exceeds supply, unsafe or illegal parking can result. Staff's recommendation remains the
same, but should approval be granted, staff recommends adding a condition to limit the
banquet hours.
Alderman Garling thanked staff and the applicant for working together to find common
ground. He asked the applicant if the newly proposed hours fit with the events she intends
to host, and she stated they do. He stated that he would like to see this move forward with
the conditions staff recommends. Alderman Beifuss agreed, and stated that they seem to
have found a solution that will work for everyone.
Alderman Birch-Ferguson asked staff for clarification on the hours. Mr. Dabareiner
replied that staff recommends that the hours be locked in if approval is granted. She
stated that she is concerned about parking overlap with the other tenants’ hours of
operations and that there would not be enough parking for large banquet events. She
stated guests might arrive before 5:00 PM, and this may result in parking conflicts.
Alderman Stout also expressed concern about the possibility of tenants and their hours
changing in the future, which would set the applicant up for failure. It is a very small area
and there is just not enough parking. Alderman Sheahan stated that she looked at the site,
and given that only 7 shared parking spots would be required, she thinks it would be a
good business to have.
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Alderman Sheahan moved and Alderman Garling seconded a motion to approve
this Item. Voting Aye: Aldermen Beifuss, Garling, and Sheahan. Voting Nay:
Aldermen Birch-Ferguson and Stout.
G. McAuley School Conveyance — Discussion on whether the City should
acquire the school for eventual resale to the West Chicago Historical Society.
Tom Dabareiner updated staff that a resident approached the Development Committee on
two previous occasions in order to have the ownership of McAuley School conveyed to
the West Chicago Historical Society. The members are asked tonight if they are
interested in having a draft resolution be presented to City Council.
Alderman Beifuss recused himself from the discussion of this Item as he explained he is a
board member of the Historical Society.
Alderman Garling remarked that he is in favor of doing this. He spoke with School
District 33 and they voiced their support in doing so as well. He asked about the next
logistical step, and cautioned about executing without knowing some of the details,
despite not wanting to cause a delay. Alderman Birch-Ferguson stated she would like to
move forward with this as well, but is concerned about any liability the City might have
as the owner of the property. She asked if the status and structure of the building might be
something the City would be responsible for before transferring property. Mr. Dabareiner
stated that typically, property transfers require structures to be brought up to code.
Alderman Stout asked if tabling the approval might be prudent once more information is
obtained. Mr. Dabareiner stated staff would appreciate additional time. Alderman Garling
expressed concern about waiting until October and losing the opportunity to shore up the
property before winter. Alderman Stout responded that she does not foresee much
happening during this season due to bids having to go out, and she would therefore prefer
to wait to have more answers.
Alderman Birch-Ferguson replied she prefers to wait as well, especially as there are still
questions as to who pays for what. She does not want to rush forward and end up with the
City having to foot expenses. Alderman Stout surmised that while they are supportive of
the idea, they want to have all questions answered.
F. Recreational Marijuana Dispensary and Cultivation Center Land Uses —
Discussion on the parameters for allowing land uses known as Recreational
Marijuana Dispensary and Recreational Marijuana Cultivation Center.
Alderman Beifuss rejoined the meeting.
Tom Dabareiner provided the members with this staff update. The Public Affairs
Committee met in August and referred the new recreational marijuana law as it applies to
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dispensaries and cultivation centers to the Development Committee. Staff recommends
the following characteristics: 1) Dispensaries as a Permitted Use within the B-2, General
Business District; 2) The City should limit the number of dispensaries to a maximum of
two; 3) Separation requirements from certain sensitive uses should be included, such as
schools, daycare, parks and churches, akin to those for liquor establishments; 4) On-site
consumption shall be prohibited; 5) Recreational Marijuana Cultivation Centers should
be listed as a Special use in the M, Manufacturing District. He furthered that based on the
discussion tonight, staff will draft any required text amendments for consideration by the
Plan Commission at its November meeting.
Alderman Stout read aloud Public Act 101-0027 regarding the State’s cannabis
regulation, and then she explained that the City can prohibit as long as the laws do not
conflict with the State’s. West Chicago is trying to be preemptive in addressing these
issues before the state law goes into effect on January 1°, 2020. She outlined the rules for
public comments and then opened the floor for comment.
The following individuals spoke against the issue:
Rob Rienow, 640 Wildwood Lane
Dan Hammer, 641 Nor Oaks Court
Alderman Sandy Dimas, 301 Thomas Drive
Jeff Wisdom, 27W570 Ridgeview Street
Patti Long, 553 Ingalton Avenue
Matthew McNiel, 1200 Kings Circle
Greg Fantozzi, 160 Amber Court
Charlene Oh, 1070 Cherrywood Lane
Rebecca Resendiz, 217 Milo
Anthony Smith, 1N441 Indian Knoll Road
Heidi Appleton, 1021 Acorn Hill Lane
John Appleton, 1021 Acorn Hill Lane
Alec Smith, 1N401 Indian Knoll Road
Kevin Weber, 400 Spring Cress Lane
Rhonda Tyrus-Johnson, 709 Joliet Street
Tori Libby, 950 Rosewood Drive
Dr. James Libby, 950 Rosewood Drive
Janette Liebling, 681 Nor Oaks Court
Mark Poulterer, 245 Joliet Street
Gene Frost, 900 Prince Crossing Road
Margaret Beaird, 329 Barber Street
Jeff Beaird, 329 Barber Street
Hank Betts, 1109 Ridgewood Drive
Dean Klapatch, 723 Hickory Lane, who also spoke on behalf of School District #33
Phillip Dylhoff, 441 Spring Cress Court
Sue Dylhoff, 441 Spring Cress Court
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Dawn Hartsell, 854 E Washington Street
Gregg Anderson, 28W700 Washington
William Gilbert, 1205 Elizabeth Street
Alderman Noreen Ligino-Kubinski, 2430 Bainbridge Boulevard
Dr. Lainna Callentine, 1005 Knollwood Lane
Grace Wong, 1050 Aster Lane
The following individuals spoke for the issue:
Wendi Howard, 0N660 Prince Crossing Road
Phillip Balgeman, 1225 Thomas Drive
Lynn Casey-Maher, 857 Honeysuckle Avenue
Tony Massih, 2009 Franciscan Way
Alderman Chris Swiatek, 600 Fieldcrest Drive, stated he was neither for nor against, but
he expressed interest in a more specific zoning within the B-2
Alderman Beifuss requested a five-minute recess. The meeting was paused at 9:01 PM.
The meeting was resumed at 9:09 PM and roll call confirmed the same attendance as at
the start of the meeting. Discussion of Agenda Item 5.F. resumed.
Alderman Birch-Ferguson thanked everyone for coming out to provide feedback. What
resonated with her from the comments is that she wished there was more time and
advance notice. She would like to see this issue go to Plan Commission/Zoning Board of
Appeals (PC/ZBA) so they can have a public hearing to allow residents to weigh in.
Alderman Birch-Ferguson moved to send this Item to Plan Commission for a public
hearing and Alderman Sheahan seconded the motion.
Alderman Birch-Ferguson then amended the motion and motioned to send this Item
to PC/ZBA with the recommendations from Staff and Alderman Sheahan seconded
the motion.
Alderman Beifuss strongly disagreed with idea that this Item is ready to go to PC/ZBA as
information needs to be gathered. They just received recommendations from staff, who
also did not have much time to prepare. He went on to say that he is proud of his
community. It has been an impressive showing of the hearts and minds of West Chicago.
Many who spoke are life-long residents who love West Chicago deeply. He is also
surprised by the turnout as there was almost no advance notice. This issue should have
been a marquee issue the way that it has been in other communities. He stated that it is
premature for this Item to be forwarded to PC/ZBA, and asked that the motion be
rescinded so that residents can be heard from. He outlined the following points:
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1) He believes the best option for West Chicago would be to opt out, and he personally
disagrees with legalizing dispensaries in West Chicago. They still need to gather
information and are waiting on rules from the State, which may not be ready until the
end of the year. This makes it hard to define the City’s rules without being able to do
their due diligence. Also, many towns around are opting out, and he listed some of the
communities that have already elected to do so.
2) Staff has not had a lot of time to prepare. He wished they could have had maps prior
to the meeting. He does not see the need to rush this, and there is ample time to move
this forward and still meet the 60-day requirements.
3) Dispensaries are not a good fit for the City nor its image. Even the governor
understands that each town has its own personality and as such has the ability to enact
its own laws. West Chicago has something special they want to preserve. The
Strategic Plan provides for community identity, or the branding of the town, and this
is not the type of thing they had in mind. The State will collect the lion’s share of the
revenue and intends to offshore the liability to the municipalities. West Chicago
would have not only administrative and enforcement costs, but personal costs that
will come with usage being more prevalent, such as increased crime, increased traffic
accidents, problems in the schools, etc.
Alderman Beifuss underscored that the best option is to opt out for now as they could
always opt in in the future. He gave a similar example.of video gaming. He stressed that
this is not an emergency, and they can take their time, learning from what happens in
other communities. He is concerned with staff's recommendations as he needs to have
more information before he feels comfortable sending this to PC/ZBA—especially in
light of the fact that the discussion was not adequately publicized.
He also commented on staff’s recommendations, and stated that B-2 represents most of
the commercial districts in town. He also stated he wants to discuss grow centers, and he
disseminated copies of two published articles among the members. He recently learned in
an article in the New York Times that grow centers emit a strong odor likened to skunk
smell. This is a big problem in California and grow centers in West Chicago are a
nonstarter for him.
Alderman Beifuss continued that he has been reading about traffic accidents related to
marijuana use. AAA estimates that 14 to 15 million people drive within one hour after
having smoked marijuana. Jnsurance Journal noted a statistically significant increase in
the number of traffic accidents in the four states that were first to legalize marijuana.
There is so much information that the members need to make decisions about zoning, and
he asked that the motion be rescinded so they can continue the discussion at the
Development Committee’s October meeting. This would not delay the City having a
decision by the first of the year.
Tom Dabareiner indicated that this would place a burden on staff as they would have to
prepare and submit an ordinance for publishing in a three-day time period in order to
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meet the November meeting of the PC/ZBA. Alderman Beifuss said he appreciates the
potential burden but stated it is more important that the Committee members be able to
make their decisions. Mr. Dabareiner stated that additional time is needed for newspaper
publishing of notices and advance notice to the public of the November Plan Commission
meeting. Alderman Beifuss then summarized some of the key pieces of information that
are needed before moving to the PC/ZBA, and he emphasized his preference for
continuing their discussion to October.
Alderman Garling echoed the comments made by Aldermen Birch-Ferguson and Beifuss
about his appreciation for the people who took the time to voice their thoughts. He stated
he already made his personal thoughts known at the Public Affairs meeting, but he does
not see this as a fit with the Strategic Plan. He would prefer to see the City opt out. He
has a number of concerns about staff’s recommendations, but in particular with regards to
proximity. The State law itself puts a 1000-foot buffer for advertising between schools,
parks, and other areas. He would like to hear from his fellow Aldermen about why it
would be okay to allow for a facility within that same buffer. Proximity is a significant
concern for him, and for this reason, he does not want to proceed with staffs
recommendation.
Alderman Garling also shared that he has received 45 emails—with 3 in favor, 1 urging
to go slow, and over 40 that say no. Tonight they have heard from schools—both public
and private, social service organizations, three Aldermen, and many other community
members. He does not want it zoned as suggested by staff. He would like to be much
stricter with regards to proximity and zoning. The State allows us to regulate the number
of dispensaries and cultivation centers, the hours of operation (he does not see where staff
addressed this aspect), and the nature of the businesses. He then asked his fellow
aldermen why a dispensary would be located within 1000 feet of school, park, etc.
Tom Dabareiner confirmed that the State’s buffer for advertising is 1000 feet. Alderman
Stout asked for clarification on allowable distances and proximity. Mr. Dabareiner
replied that the State was silent on separation distance from sensitive uses, but they did
allow local government to decide. Staff looked at liquor stores as an example, where it
can be as little as 100 feet door to door. To be somewhat similar and make it easier to
measure property to property, Staff considered 250 feet. However, 500 or 1000 feet can
also be considered as it depends on the personality of the community. A 1000-foot buffer
would limit the possibilities and would almost have the same effect as limiting the use.
This is something they are not allowed to do. Alderman Garling pointed out that they can
opt out entirely. Mr. Dabareiner clarified that if you are setting regulations then you
cannot set a distance that is too extreme. He agreed that you can opt out, but if you are
asked to define regulations, it is possible to create regulations that are too strict and have
the effect of eliminating a use, which may be challenged legally.
Alderman Stout asked Alderman Garling to pose his previous question to the members
again. Alderman Garling asked why his fellow Committee members feel it would be okay
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to locate a dispensary within 1000 feet of sensitive use areas if the State does not allow
for advertising within that same distance. Alderman Birch-Ferguson stated that the B-2 is
far enough away with the distance recommended by staff. Alderman Garling countered
that a daycare is going in at Hawthorne and Route 59. Why would only 250 feet from
there to the shopping center be okay rather than 1000 feet? Alderman Birch-Ferguson
replied she would need to look at the map. In her initial review, the Roosevelt Road
corridor of B-2 seemed like a good place. Alderman Sheahan stated she did not know
about the 1000-foot buffer for advertising and was going off of what staff had
recommended. She would have to look into this.
Alderman Beifuss stated he does not feel dispensaries belong in the B-2 at all. He
recalled the zoning issues for medical marijuana dispensaries from a few years ago. They
ended up putting it in Manufacturing (M), as opting out was not considered at that time.
He would recommend recreational marijuana dispensaries be zoned M as well. He stated
they will need to flesh out staff's recommendation that sampling not be allowed at any of
the dispensaries. There is clearly a driving-under-the-influence problem, and so as to not
exacerbate the problem, there should not be any sampling at any dispensary. Finally, if
allowed, he stated there needs to be at least 1000-foot buffer from sensitive areas. The
community has expressed problems with proximity, and studies agree with this.
Alderman Stout stated she was not sure if she agrees with as little as 250 feet, but she is
not sure 1000 feet is right either. Advertising is not what they need to address tonight.
Instead, they need to look at zoning for the locations. Staff has provided us with
information about the different radiuses of 250 and 500 feet. 1000 feet seems excessive,
and she is concerned about the legal risk of mandating rules so strict. Alderman Garling
stated it seems many members have concerns about the 250 feet.
Alderman Birch-Ferguson indicated that the word is out, and this is why she wanted to
send this to the PC/ZBA sooner rather than later. They can advertise that meeting date
and people can plan to attend while it is still a hot topic in the community. She stated she
respects what the Plan Commission does, and after they meet they will submit their
recommendation which the Development Committee members will discuss at their next
meeting. They may end up choosing to recommend 1000 feet.
Alderman Beifuss expressed concern about sending the matter to PC/ZBA before the City
has a chance to get the word out. It is a hot topic, and they need to get this information
out to the community. They need to give the instruction tonight to staff to put something
on the City’s website about where the issue is at so far. He wished they had done so. It is
also a positive thing to ask for people’s opinions even if it is a difficult topic. He wished
he could have seen the map included with the Item Summaries to view it prior to
tonight’s meeting. This shows how staff did not have enough time to prepare.
Tom Dabareiner displayed maps showing the potential buffers of 1000, 500 and 250 feet
within the B-1, B-2 and B-3 Zoning Districts. He indicated that, while the maps were
prepared for a different project, they are useful in understanding potential buffers. He
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noted that taking into consideration the strictest distances would result in just a handful of
properties in the B-2 where dispensaries could be located.
Alderman Stout pointed out that moving this moving this Item on to the PC/ZBA does
not mean that dispensaries will be allowed. What they are saying is that public input is
needed at a second meeting, which will be advertised and for which more information
will be gathered. The ultimate decision for approval is still several meetings away. At this
point, they are trying to provide some guidelines for the Plan Commission for them to
discuss.
Alderman Beifuss expressed concern at sending something to the Plan Commission
before there is consensus from the Development Committee that there is some level of
acceptability. They are not at that point yet. He would really like to have another meeting
of the Development Committee to discuss. He recognized the burden on staff for the
short turnaround time it would impose, but he feels another meeting is needed. He asked
if St. Charles has medical dispensaries, and Mr. Dabareiner said they do. Alderman
Beifuss asked if those are located in the Manufacturing District, but Mr. Dabareiner was
unsure. Alderman Beifuss reiterated the idea of locating recreational dispensaries in
Manufacturing, providing for a minimum of a 1000-foot buffer from sensitive areas, and
not allowing for grow centers. He also questioned the number of dispensaries allowed.
He reminded that the City can always opt out for now. They can wait two or three years
to see what happens in other communities first, and then bring it back.
Alderman Birch-Ferguson stated that after seeing the maps provided by staff, she would
like to amend her earlier motion.
Alderman Birch-Ferguson motioned to send this Item to PC/ZBA with staff’s
recommendations except for increasing the buffer to 500 feet and Alderman
Sheahan seconded the motion.
Alderman Stout stated they have discussed the pros and cons as much as possible tonight.
There is a motion on the floor they will need to vote on. She reiterated that moving the
discussion along is not saying yes, that it is only a starting point.
Alderman Garling disagreed with sending this recommendation to the Plan Commission.
Instead, he asked the members to consider zoning recreational marijuana dispensaries as
they already have with medical marijuana dispensaries by allowing them in the M
District. He added they should also add time restrictions the way they do for liquor sales.
He asked why they cannot send forth both ideas to PC/ZBA. Discussion ensued with
Aldermen Stout and Garling and Mr. Dabareiner about excessive regulation which might
be conveyed as legally too restrictive and the possibilities for opting out. Alderman Stout
cautioned that they cannot dictate to the point where the outcome is the same as banning.
Per the State, they need to enact reasonable zoning regulations. She suggested they move
to vote.
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Alderman Beifuss commented on setbacks, which range from 250 to 1000 feet. 1000 feet
seems more reasonable. He likes some of the ideas that Alderman Garling had suggested.
He cautioned there are many downsides to this. The State will keep most of the money
and what they get back they will need to use to cover expenses. They will end up
subsidizing it. He stated that liquor sales are not analogous to those of recreational
marijuana because the federal government delegates liquor regulation to the states, but it
does not do so for marijuana. Sales of marijuana are still considered a felony. He
reiterated his ideas to have another Development Committee meeting before sending it on
and to consider Manufacturing as the zoning. The Aldermen do not speak at Plan
Commission meetings. He stressed he does not see the rush to move this forward. It is a
good idea to let the community absorb this and to give them more time. A discussion
ensued with Aldermen Beifuss and Stout and Mr. Dabareiner about the timing of future
meetings with City Council and the time staff needs to prepare. Alderman Stout called for
the vote.
Voting Aye: Aldermen Birch-Ferguson, Sheahan and Stout. Voting Nay: Aldermen
Beifuss and Garling.
Alderman Stout recapped that by moving this Item forward to the Plan Commission, they
are not saying yes. What they are saying is that they want more information and they
want more input.
6. Unfinished Business. None.
7. New Business.
Alderman Beifuss recommended that City staff put a marquee post on the website and on
Facebook and Twitter to get the word out about recreational marijuana dispensaries in
West Chicago. Word of mouth is unacceptable. We need to do a better job of
communicating big issues to the public. Mr. Dabareiner promised to talk with the
Communications Director. Alderman Garling agreed.
8. Reports from Staff. None.
9. Adjournment.
Alderman Sheahan moved and Alderman Birch-Ferguson seconded the motion to
adjourn the Development Committee meeting at 10:23 P.M. The Committee
members unanimously agreed and the motion carried.
Respectfully submitted,
Jane Burke
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