City Council
Regular MeetingDeKalb, IL · September 9, 2019
Minutes
MINUTES
CITY OF DEKALB
COMMITTEE OF THE WHOLE MEETING
SEPTEMBER 9, 2019
The City Council of DeKalb, Illinois held a Committee of the Whole meeting on September
9, 2019, in the City Council Chambers of the DeKalb Municipal Building, 200 South Fourth
Street, DeKalb, Illinois.
A. CALL TO ORDER AND ROLL CALL
Mayor Smith called the meeting to order at 5 p.m.
City Clerk Lynn Fazekas called the roll, and the following members of the City Council
were present: Alderman Carolyn Morris, Alderman Bill Finucane, Alderman Tracy Smith,
Alderman Pat Fagan, Alderman Scott McAdams, Alderman Mike Verbic, Alderman Tony
Faivre, and Mayor Jerry Smith.
Also present were: City Manager Bill Nicklas, City Attorney John Donahue, Principal
Planner Dan Olson, and Management Analyst Jason Blumenthal.
B. APPROVAL OF THE AGENDA
MOTION
Alderman Morris moved to approve the agenda. Alderman Faivre seconded.
VOTE
Motion carried 8-0 on roll call vote. Aye: Finucane, Smith, Fagan, McAdams, Verbic,
Faivre, Morris, Mayor Smith. Nay: none.
C. PUBLIC PARTICIPATION
Dwayne Brown presented history of how cannabis became illegal. He said he wants
DeKalb to be competitive and urged Council to try a lower tax rate than the maximum.
Michael Larson urged cooperation rather than antagonism to get things done. He said the
clerk’s office is only open Monday, Wednesday, and Friday right now, we’re competing
with Sycamore and they are probably winning.
Barry Schrader spoke about his history in public office and as newspaper editor. He urged
the City to take off political hats, put on thinking caps, and not to bow to political pressure
in the matter of the clerk’s office.
City Council Committee of the Whole Meeting Minutes
September 9, 2019
Page 2 of 3
Bernard Pupino said a locked-up City Seal is an insult and eight hours of clerk’s office
hours are not sufficient. He said the city clerk should resign because an appointed clerk
has no recourse.
David “DK” Kolars said the previous speaker was wrong about the city clerk’s being an
appointed office. He said a deputy clerk who answers to the manager is put in a bad
position and it makes no sense to work for one supervisor while answering to another.
D. CONSIDERATIONS
1. Further Consideration of the Framework for Cannabis Dispensaries in the City
of DeKalb.
City Manager Nicklas talked about regulatory issues including zoning, setbacks, and
signage.
Edward Balli said the State of Illinois made a decision to get the trafficking of drugs out in
the open and taxes paid. He clarified that it’s the growers that have the issues with smells
on site, not the dispensaries. He also noted that local approval has to happen before
anyone gets approval from the state to participate.
Council discussion included the following:
• Proximity of dispensaries to Northern Illinois University and whether that would be
a problem, even if the problem is only one of perception.
• Whether dispensaries should be allowed in multi-tenanted commercial buildings.
• Whether the City should prohibit on-site consumption of cannabis.
• How much sales tax to collect, and how to allocate the revenue.
2. Further Consideration of the Duties of the City Clerk and Deputy Clerk.
Alderman Morris presented an overview of actions and the meetings she’s had with the
city manager, mayor, city clerk, and former deputy city clerk.
Marguerite “Peggy” Hoyt said that between her own term as clerk and those of her
successor in the position, there were 30 problem-free years. Ms. Hoyt said our forefathers
wanted an elected, full-time clerk as protector of documents. She said the clerk must
name the deputy as a backup and the deputy takes orders from the clerk.
City Council Committee of the Whole Meeting Minutes
September 9, 2019
Page 3 of 3
JJ Wett gave a definition of leadership and said the limitations of the clerk’s position make
it impossible for her to be a leader. He urged Council to bring the position back to its
former level, responsible for day-to-day operations and restored as an independent office.
Bessie Chronopoulos noted that the City hasn’t had a clerk’s office for seven years. She
noted the office used to have two full-time positions plus one part-time. She said
reinstating this level of service hours would enable centralizing of activities, which would
be economical. She urged council to line up the local code with the statutes.
Council discussed the trend in the state of appointing clerks, the role of home rule in
gutting the elected office, and the limitations of elected officers in part-time roles.
E. EXECUTIVE SESSION PURSUANT TO 5 ILCS (120/2)
No executive session was authorized during this meeting.
F. ADJOURNMENT
MOTION
Alderman Morris moved to adjourn the Committee of the Whole at 6:39 p.m. Alderman
Faivre seconded.
VOTE
Motion carried on majority voice vote. Mayor Smith declared the Committee of the Whole
adjourned at 6:39 p.m.
________________________________
LYNN A. FAZEKAS, City Clerk
Approved by City Council: September 23, 2019.
Agenda
DEKALB CITY COUNCIL AGENDA
SEPTEMBER 9, 2019
DeKalb Municipal Building
City Council Chambers
Second Floor
200 S. Fourth Street
DeKalb, Illinois 60115
COMMITTEE OF THE WHOLE
5:00 P.M.
A. CALL TO ORDER AND ROLL CALL
B. APPROVAL OF THE AGENDA
C. PUBLIC PARTICIPATION
D. CONSIDERATIONS
1. Further Consideration of the Framework for Cannabis Dispensaries in the
City of DeKalb.
City Manager Summary: At the Committee of the Whole Meeting on August 12,
the Council reviewed the current state of the law concerning the private
consumption and possession of cannabis for Illinois residents over 21 years of
age. As a result of this discussion, the Council indicated its willingness to revise
its current regulations for medical cannabis sales to encourage such legal
facilities, and to prepare a local zoning and regulatory framework for the sale
of recreational cannabis.
Guidelines for Dispensaries
In 2015, the City Council amended the City’s Unified Development Ordinance
(UDO) to permit the sale of medical cannabis under very restrictive guidelines.
These provisions were included in Section 7.18 of the UDO. The key points in
the current DeKalb regulations for a medical cannabis dispensary are listed
below:
1. Applicants are required to have a pre-application meeting with City staff,
and then submit a plat of survey, site plan, engineering plan, architectural
floor plans and elevations, building material samples, a lighting plan,
signage plan, business and operational plan, and a security plan.
Assistive services available upon request.
Hearing assistance devices are available in the Information & Technology
Office, which is located to the right, just before entering Council Chambers.
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September 9, 2019
Page 2 of 5
2. Dispensaries are not a permitted use in any zoning district; they are a
special use in light industrial and heavy industrial zoning districts only.
3. Dispensaries cannot be within 1,000 feet of any public or private pre-school
or school; day care, or any property zoned for residential use.
4. Dispensaries cannot be within 2,500 feet of any other cannabis dispensary.
If applied, the only locations that would be legal would be (a) at the
southernmost edge of the City, near Park 88 or the Chicago West business
park; or (b) along portions of Harvestore Drive.
5. Dispensaries must be the sole use on a lot or the single occupant of a
building. They are not permitted in multi-tenant spaces or strip centers.
6. Parking areas must be well-lit and under camera surveillance.
7. Other than the words “cannabis” or “marijuana,” there are severe sign
restrictions as to imagery.
8. Hours of operation are limited to 9:00 a.m. to 9:00 p.m.
9. No drive-through is permitted.
10. The security plan must be approved by the Chief of Police.
11. Deliveries of product must occur within a secure, enclosed delivery bay
with no delivery visible from the outside.
To focus further discussion, the following parameters are suggested for
the Council’s consideration:
a) Make dispensaries (medical or recreational) a permitted use in any “LC-
Light Commercial District” or “GC-General Commercial District.”
b) Prohibit dispensaries within 250 feet of any public or private pre-school or
school, licensed day-care, or any property zoned for residential use. The
attached graphic shows the gross land area available for dispensaries
under this possible provision, and within the “LC” and “GC” zoning districts.
c) Allow dispensaries in multi-tenant spaces.
d) Require that parking areas be well-lit and under camera surveillance.
e) Allow signage as for any commercial use.
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September 9, 2019
Page 3 of 5
f) Allow hours as for any commercial establishment in an “LC” or “GC” zoning
district.
g) No drive-through is permitted.
h) No smoking within a dispensary is permitted.
i) Deliveries of product may occur as with any commercial establishment.
Other Types of Cannabis Establishments
Additional Council consideration is requested regarding the types of allowable
cannabis establishments. Six types are regulated by the Cannabis Regulation
and Tax Act of June 2019:
Craft Grower. Such facilities cultivate, dry, cure and package cannabis for
sale at a dispensary. The grower is typically restricted to 5,000 square feet of
enclosed space, but a maximum of 14,000 square feet is permissible if
authorized by the Department of Agriculture. A craft grower may share
premises with a processor or dispensary.
Cultivation Center. Such facilities cultivate, process and transport cannabis
and cannabis-infused products to dispensaries.
Dispensary.A facility that sells cannabis and cannabis-infused products,
cannabis seeds, and paraphernalia to the general public and qualified
medical cannabis patients.
Infuser. A facility that directly incorporates cannabis or cannabis concentrate
into a product (e.g. edibles and tinctures).
Processor. A facilitythat extracts constituent chemicals or compounds to
produce cannabis concentrate or incorporates cannabis or cannabis
concentrate into a product.
Transporter.
Transports cannabis on behalf of a legal cannabis business
establishment.
What types of establishments should be permitted in DeKalb? Initially, the
Council may wish to allow for medical and recreational cannabis
dispensaries only, until further experience is gained from communities
pursuing other types of establishments within their corporate limits.
City Council direction is requested.
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Committee of the Whole Meeting Agenda
September 9, 2019
Page 4 of 5
2. Further Consideration of the Duties of the City Clerk and Deputy Clerk.
City Manager Summary: Since the August 26 Council meeting, Council
member Carolyn Morris and Mayor Jerry Smith have met with Clerk Lynn
Fazekas, Executive Assistant Ruth Scott, City Manager Bill Nicklas and others
to find common ground in the following areas of concern:
a) Job duties;
b) Use of the City Seal;
c) Reasonable office hours for the Clerk functions; and
d) The statutory parameters for the Clerk’s office.
Council member Morris will report on her findings.
By way of reference, City Attorneys Matt Rose and John Donahue have
reviewed the relevant state statutory guidelines. Section 3.1-35-90 of the
Illinois Municipal Code sets forth the Clerk’s duties as follows:
(65 ILCS 5/3.1-35-90) (from Ch. 24, par. 3.1-35-90)
Sec.3.1-35-90. Clerk; duties.
(a) The municipal clerk shall keep the corporate seal,
to be provided by the corporate authorities, and all papers
belonging to the municipality the custody and control of
which are not given to other officers. The clerk shall
attend all meetings of the corporate authorities including
executive sessions and keep a full record of their
proceedings in the journal, except if the clerk is the
subject matter of the meeting and his or her presence
creates a conflict of interest. The record of those
proceedings shall be made available for public inspection
within 7 days after being approved or accepted by the
corporate authorities as the official minutes of their
proceedings.
(b) The municipal clerk shall have other duties
prescribed by the corporate authorities.
(c) Copies of all papers duly filed in the clerk's
office and transcripts from the journals and other records
and files of the clerk's office, certified by the clerk
under the corporate seal, shall be evidence in all courts
in like manner as if the originals were produced.
(Source: P.A. 96-294, eff. 8-11-09)
The state statutes establish minimum duties. The municipal authorities may
add to the Clerk’s duties but may not “subtract” from them.
The state statute also does not provide that the Clerk’s statutory duties are
exclusively held by the Clerk. The City’s corporate authorities (Mayor, Council
members) can provide that another officer may keep the corporate seal, affix
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September 9, 2019
Page 5 of 5
the seal, attest documents, record and file documents for safe keeping, etc.
This other officer or employee does not have to be a Deputy Clerk, which is to
say that it could be the Executive Assistant.
The Illinois Municipal Code sets forth the Deputy Clerk’s duties as
follows:
(65 ILCS 5/3.1-35-95) (from Ch. 24, par. 3.1-35-95)
Sec. 3.1-35-95. Deputy clerks.
(a) A deputy clerk may execute all documents required
by law to be executed by the municipal clerk and may affix
the seal of the clerk wherever required. In signing any
document, a deputy clerk shall sign the name of the clerk
followed with the word "By" and the deputy clerk's own name
and the words "Deputy Clerk".
(b) Except in municipalities with a population of
500,000 or more, the powers and duties of a deputy clerk
shall be exercised only in the absence of the clerk from
the place where the clerk's office is maintained, and only
when either written direction has been given by the clerk
to that deputy to exercise a power or the corporate
authorities have determined by resolution that the
municipal clerk is temporarily or permanently incapacitated
to perform that function. In municipalities with a
population of 500,000 or more, the powers and duties of a
deputy clerk shall be exercised upon the direction of the
clerk, or when the corporate authorities have determined by
resolution that the clerk is temporarily or permanently
incapacitated to perform those functions and duties. When a
deputy's signature is duly authorized as provided in this
Section and is affixed by a deputy in the manner prescribed
in this Section on any document (including but not limited
to contracts, bonds, or other obligations of the
municipality), the document shall have the same effect as
if the document had been signed by the municipal clerk in
person.
(Source: P.A. 87-1119.)
City Council direction is requested.
(Click here for a memo from Clerk Fazekas)
E. EXECUTIVE SESSION
F. ADJOURNMENT
FULL AGENDA PACKET
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