City of Geneva City Council met Dec. 9.
Here is the minutes provided by the council:
CALL TO ORDER
The December 9, 2019 special meeting of the Geneva City Council was called to order at 7:00 p.m. in the Council Chambers of City Hall by Mayor Kevin Burns.
Aldermen present: Mike Bruno, Tara Burghart, Michael Clements, Becky Hruby, Gabriel Kaven, Dean Kilburg, Craig Maladra, Jeanne McGowan, Richard Mark, Robert Swanson.
Aldermen attending by teleconference: None
Absent: None
Also attending: City Atty. Ron Sandack, City Administrator Stephanie Dawkins, Assistant City Administrator Benjamin McCready, City Clerk Roger Godskesen, Community Development Director David DeGroot, Police Chief Eric Passarelli, Economic Development Director Cathleen Tymoszenko, Fire Chief Mike Antenore
PLEDGE OF ALLEGIANCE
Led by Steven Andersson
Mayor Burns asked the assembly to observe a moment of silence to honor former alderman Robert Langeness, who recently passed away.
PUBLIC HEARINGS, SPECIAL ITEMS AND PRESENTATIONS
1. Consider Approval of Ordinance 2019-29 Amending Chapter 2 (Definitions), Chapter 3 (General Zoning Provisions), Chapter 7 (Office Research and Industrial Districts), and Chapter 11 (Off-Street Parking and Loading; Traffic and Access Regulations) of Title 11 (Zoning) of the Geneva Municipal Code, all related to the regulation of recreational and medical cannabis uses
Moved by Ald. Marks, seconded by Ald. Bruno to approve the ordinance as presented.
Mayor Burns gave an overview of the goal of the meeting, which was only to consider zoning for potential cannabis uses, and invited public comment. He asked that comments be limited to the topic at hand, zoning, since the issues regarding cannabis use have already been determined by the General Assembly.
Susan George spoke against any use of marijuana, including medical.
Mary Lu O’Halloran urged the city to opt out of allowing dispensaries and spoke against all aspects of marijuana.
Collin Campbell suggested that tax revenues from the sale of cannabis be directed to substance abuse treatment programs.
Former State Representative Steven Andersson spoke about opportunities to promote social equity by grants to disadvantaged sectors of the population who have been most negatively impacted in the past by drugs.
Dr. John Kefer spoke about medical concerns with the use of marijuana and that increased availability would not be advantageous from this perspective.
Paula Merrington felt that marijuana is already freely available to the population, and that re- regulating it would not serve any useful purpose.
Arney Silvestri stated that his business is a potential applicant for a dispensary, spoke about the process a business would follow to obtain licensing and asked for clarification about the proposed 150-foot setback.
John O’Halloran urged the city to opt-out and delay until later when aspects of cannabis use can be more fully studied.
Laura Biron spoke in favor of allowing new dispensaries and cultivation and felt that fear of marijuana should not deter moving forward on the issue.
Julie Pouilly felt the city should wait and that funds should be allocated for further research on the issue.
There being no further public comment, Mayor Burns invited Community Development Director DeGroot to the podium to give a presentation of the results of a series of meetings by the Zoning and Planning Commission, and a summary of the Commission’s recommendations.
Mayor Burns then invited comments and questions from the city council members.
A 2 1⁄2 hour discussion followed. During the discussion, 9 motions were made to amend the proposed ordinance, and which were discussed and voted on.
1. a Motion to amend proposed ordinance 2019-29 to eliminate the 150 foot setback for processing, infusion and transporting
Moved by Bruno, seconded by Swanson.
Roll Call:
AYES: 6 (Bruno, Clements, Kaven, Marks, McGowan, Swanson)
NAYS: 4 (Burghart, Hruby, Kilburg, Maladra)
ABSENT: 0
MOTION CARRIED
1. d Motion to amend Motion 1.c. (to permit recreational and medical dispensaries in zoning classifications B-1, B-4, B-5, I1, I2) to limit medical and recreational dispensaries to a total of one each within the City.
Moved by Burghart, seconded by Clements.
Roll Call:
AYES: 3 (Bruno, Burghart, Clements)
NAYS: 7 (Hruby, Kaven, Kilburg, Maladra, Marks, McGowan, Swanson)
ABSENT: 0
MOTION FAILED
1. e Motion to amend Motion 1.c. (to permit recreational and medical dispensaries in zoning classifications B-1, B-4, B-5, I1, I2) to allow one medical and one recreational dispensary on both sides of the river.
Moved by McGowan, seconded by Bruno.
Roll Call:
AYES: 2 (Bruno, McGowan)
NAYS: 8 (Burghart, Clements, Hruby, Kaven, Kilburg, Maladra, Marks, Swanson)
ABSENT: 0
MOTION FAILED
Motion to Continue City Council Meeting past 10 PM (at 10:01 PM)
Moved by Maladra, seconded by Swanson.
Roll Call:
AYES: 6 (Bruno, Clements, Kaven, Maladra, McGowan, Swanson)
NAYS: 4 (Burghart, Hruby, Kilburg, Marks)
ABSENT: 0
MOTION CARRIED
1. c Motion to amend motion 1.b (to permit recreational and medical dispensaries in zoning classifications B-1, B-4, B-5, I1, I2, D-CM, D-RSCM) to remove downtown business districts (D-CM, D-RSCM) from the motion.
Moved by Clements, seconded by McGowan.
Roll Call:
AYES: 4 (Bruno, Clements, McGowan, Swanson)
NAYS: 6 (Burghart, Hruby, Kaven, Kilburg, Maladra, Marks)
ABSENT: 0
MOTION FAILED
Motion to Adjourn City Council Meeting (at 10:04 PM)
Moved by Burghart
Roll Call:
AYES: 5 (Burghart, Hruby, Kaven, Kilburg, Marks)
NAYS: 6 (Bruno, Clements, Maladra, McGowan, Swanson, Burns)
ABSENT: 0
MOTION FAILED
NOTE: A 10 MINUTE RECESS WAS TAKEN AT THIS POINT (at 10:05 PM)
1.f Motion to amend motion 1.b. (to permit recreational and medical dispensaries in zoning classifications B-1, B-4, B-5, I1, I2, D-CM, D-RSCM) to prohibit any cannabis dispensary in the third ward.
Moved by Kilburg, seconded by Hruby.
Roll Call:
AYES: 3 (Bruno, Hruby, Kilburg)
NAYS: 7 (Burghart, Clements, Kaven, Maladra, Marks, McGowan, Swanson)
ABSENT: 0
MOTION FAILED
1.g Motion to amend motion 1.b. (to permit recreational and medical dispensaries in zoning classifications B-1, B-4, B-5, I1, I2, D-CM, D-RSCM) to limit medical and recreational dispensaries to one each within the entire city.
Moved by Burghart, seconded by Clements.
Roll Call:
AYES: 6 (Bruno, Burghart, Clements, McGowan, Swanson, Burns)
NAYS: 5 (Hruby, Kaven, Kilburg, Maladra, Marks)
ABSENT: 0
MOTION CARRIED
1.b Motion to amend proposed ordinance 2019-29 to permit recreational and medical dispensaries in zoning classifications B-1, B-4, B-5, I1, I2, D-CM, D-RSCM (as amended by motion 1.g)
Moved by Bruno, seconded by Swanson.
Roll Call:
AYES: 6 (Bruno, Burghart, Clements, McGowan, Swanson, Burns)
NAYS: 5 (Hruby, Kaven, Kilburg, Maladra, Marks)
ABSENT: 0
MOTION CARRIED
1. h Motion to amend proposed ordinance 2019-29 (as amended) to include 150 foot setback requirement for “Churches, Synagogues, Mosques and other houses of worship.” Moved by Kilburg, seconded by Burghart.
Roll Call:
AYES: 4 (Kaven, Kilburg, Maladra, Marks)
NAYS: 6 (Bruno, Burghart, Clements, Hruby, McGowan, Swanson)
ABSENT: 0
MOTION FAILED
1. i Motion to amend proposed ordinance 2019-29 (as amended) to limit medical and recreational dispensaries hours of operation from 8 AM until 8 PM.
Moved by Kilburg, seconded by Clements.
Roll Call:
AYES: 7 (Burghart, Clements, Hruby, Kaven, Kilburg, Maladra, Marks)
NAYS: 3 (Bruno, McGowan, Swanson)
ABSENT: 0
MOTION CARRIED
There being no further discussion or comment from the Council, the motion to approve the amended ordinance was put to a vote.
1. Consider Approval of Ordinance 2019-29 Amending Chapter 2 (Definitions), Chapter 3 (General Zoning Provisions), Chapter 7 (Office Research and Industrial Districts), and Chapter 11 (Off-Street Parking and Loading; Traffic and Access Regulations) of Title 11 (Zoning) of the Geneva Municipal Code, all related to the regulation of recreational and medical cannabis uses (AS AMENDED)
Roll Call:
AYES: 6 (Ald. Bruno, Burghart, Clements, McGowan, Swanson, Burns)
NAYS: 5 (Hruby, Kaven, Kilburg, Maladra, Marks)
ABSENT: 0
MOTION CARRIED
NEW BUSINESS /PUBLIC COMMENT
None
ADJOURNMENT
There being no further business, moved by Ald. Kilburg to adjourn the Geneva City Council meeting. Carried by unanimous voice vote.
The meeting adjourned at 10:40 PM.
https://www.geneva.il.us/AgendaCenter/ViewFile/Minutes/_12092019-1546
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