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Elmhurst City Council votes on retail licenses ordinance

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Elmhurst City Council met Tuesday, Jan. 3.

Here are the minutes as provided by Elmhurst:

Regular Meeting of the Elmhurst City Council

Tuesday, January 3, 2017

Generated by City Clerk Spencer

1. Executive Session - Conf. Room #2 - 7:00 p.m.

1.1 Executive Session for the Purpose of Discussing: Pending/Probable Litigation pursuant to the Open Meetings Act 5 ILCS 120/2 (c)(11)

Mayor Morley called the Executive Session to order at 7:00 p.m. for the purpose of discussing: Pending/Probable Litigation pursuant to the Open Meetings Act 5 ILCS 120/2 (c)(11). Present: Norman Leader, Bob Dunn (arrived at 7:04 p.m.), Noel Talluto, Chris Healy, Scott Levin, Jim Kennedy, Patrick Wagner, Mark A. Mulliner, Mark Sabatino Absent: Michael J. Bram, Dannee Polomsky, Kevin L. York, Michael Honquest, Marti Deuter

Also in attendance: City Treasurer Libovicz, City Attorney Storino, City Attorney Acker, City Manager Grabowski, Assistant City Manager Kopp

Alderman Kennedy moved to convene into Executive Session for the purpose of discussing Pending/Probable Litigation pursuant to the Open Meetings Act 5 ILCS 120/2 (c)(11) Alderman Healy seconded. Ayes: Leader, Talluto, Healy, Levin, Kennedy, Wagner, Mulliner, Sabatino Nays: None Results: 8 ayes, 0 nays, 6 absent

Motion duly carried Alderman Healy moved to adjourn Executive Session. Alderman Levin seconded. Voice vote. Motion carried. Executive Session adjourned at 7:21 p.m.

2. Call to Order - 7:33 p.m. - Attendance: 15

2.1 Pledge of Allegiance

Mayor Morley asked scouts Brendan Carry and Carl Canable from Visitation Troup 14 to lead the pledge.

2.2 Roll Call - Ward 2

Present: Norman Leader, Bob Dunn, Michael J. Bram, Noel P. Talluto, Chris Healy, Scott Levin, Jim Kennedy, Patrick Wagner, Mark A. Mulliner, Mark Sabatino

Absent: Dannee Polomsky, Kevin L. York, Michael Honquest, Marti Deuter

Also in attendance: City Treasurer Libovicz, City Attorney Storino, City Manager Grabowski, Assistant City Manager Kopp, Director of Finance Trosien, Deputy Police Chief Tannehill, Fire Chief Freeman

3. Receipt of Written Communication from the Public

None.

4. Public Forum

John McNichols

185 E. Fremont

Elmhurst, IL

Spoke in opposition of the Elmhurst Extended Care facility expansion.

Jorge Zapata

198 E. Fremont

Elmhurst, IL

Spoke in opposition of the Elmhurst Extended Care facility expansion.

Kathleen Sullivan

Stated for 2017 she hopes all plans get finalized and all projects begin. She commented on Emhurst Extended Care project that seems they want it both ways.

5. Announcements

Alderman Talluto stated for the record, let it be known the scouts from Visitation Troop 14 are proud members of IC Grade School.

6. Consent Agenda

6.1 Minutes of the Regular Meeting of the Elmhurst City Council on December 19, 2016

6.2 Minutes of the Executive Session of the City Council on December 19, 2016

6.3 Accounts Payable December 29, 2016 - Total $ 1,230,872.99

6.4 O-01-2017 - Ordinance Approving and Authorizing the Execution of an Intergovernmental Agreement with the Illinois Office of the Comptroller Regarding Access to the Comptroller's Local Debt Recovery Program

6.5 O-02-2017 - An Ordinance Waiving Bid and Authorizing the Execution of a Contract for the Repair and Reinstallation of One Vertical Turbine Lift Pump at the Arlington Storm Water Reservoir

6.6 O-03-2017 - An Ordinance Waiving Bid and Authorizing the Execution of a Contract for the Saylor-Jackson Pump Station Odor Control Project

6.7 MCO-01-2017 - An Ordinance Amending Section 7.200 Entitled "Water Service Charges"; Section 7.201 Entitled "Wastewater/Sewer Service Charges"; Section 7.204 Entitled "Local Capital Investment Recovery Charge" of Article IV Entitled "Rates and Charges" of Chapter 7 Entitled "Water and Sewer" of the Municpal Code of Ordinances of the City of Elmhurst, Illinois

6.8 MCO-02-2017 - An Ordinance Amending Article VII Entitled, "Stopping, Standing and Parking," of Chapter 44 Entitled, "Motor Vehicles and Traffic," of the Elmhurst Municipal Code (Parking Restrictions on Both Sides of Chandler Avenue, Between Park Avenue and Marion Street, Between the Hours of 7 a.m. and 9 a.m., Monday Through Friday)

6.9 MCO-03-2017 - An Ordinance Amending Section 36.09 Entitled "Classification of Licenses" of Article II Entitled "Retail Licenses" of Chapter 36 Entitled "Liquor" of the Municipal Code of Ordinances of the City of Elmhurst, Illinois

6.10 MCO-04-2017 - An Ordinance Amending Section 36.29 Entitled "Hours During Which Sales May Be Made, Closing Hours" of Article III Entitled "Restrictions and Requirements for Conduct on Licensed Premises" of Chapter 36 Entitled "Liquor" of the Municipal Code of Ordinances of the City of Elmhurst, Illinois

6.11 MCO-05-2017 - An Ordinance to Amend Section 36.11, Entitled "Limitation on Number of Licenses," of Article II Entitled "Retail Licenses" of Chapter 36, Entitled "Liquor," of the Municipal Code of Ordinances of the City of Elmhurst, Illinois

6.12 MCO-06-2017 - An Ordinance to Amend Section 36.10(c), Entitled "Terms-Fees," of Article II, Entitled "Retail License" of Chapter 36, Entitled "Liquor," of the Municipal Code of Ordinances of the City of Elmhurst, Illinois

6.13 ZO-01-2017 - An Ordinance Granting a Conditional Use Permit and Associated Variations for the Development, Construction and Operation of the Property Commonly Known as 964 North York Street, Elmhurst, Illinois (P.I.N. 06-26-207-019)

6.14 R-01-2017 - A Resolution Approving and Authorizing the Execution of a Professional Engineering Services Agreement for the Wastewater Reclamation Facility and Pump Station Roof Replacement Project

6.15 R-02-2017 - A Resolution Approving and Authorizing the Execution of a Professional Engineering Services Agreement for the Wastewater Reclamation Facility Belt Filter Press Replacement Project

6.16 R-03-2017 - A Resolution Approving and Authorizing the Execution of a Professional Engineering Services Agreement for the Wastewater Reclamation Facility Influent Screw Pumps Replacement Project

Alderman Bram pulled items 6.9 MCO-03-2017 - An Ordinance Amending Section 36.09 Entitled "Classification of Licenses" of Article II Entitled "Retail Licenses" of Chapter 36 Entitled "Liquor" of the Municipal Code of Ordinances of the City of Elmhurst, Illinois, 6.10 MCO-04-2017 - An Ordinance Amending Section 36.29 Entitled "Hours During Which Sales May Be Made, Closing Hours" of Article III Entitled "Restrictions and Requirements for Conduct on Licensed Premises" of Chapter 36 Entitled "Liquor" of the Municipal Code of Ordinances of the City of Elmhurst, Illinois, 6.11 MCO-05-2017 - An Ordinance to Amend Section 36.11, Entitled "Limitation on Number of Licenses," of Article II Entitled "Retail Licenses" of Chapter 36, Entitled "Liquor," of the Municipal Code of Ordinances of the City of Elmhurst, Illinois, 6.12 MCO-06-2017 - An Ordinance to Amend Section 36.10(c), Entitled "Terms-Fees," of Article II, Entitled "Retail License" of Chapter 36, Entitled "Liquor," of the Municipal Code of Ordinances of the City of Elmhurst, Illinois and 6.13 ZO-01-2017 - An Ordinance Granting a Conditional Use Permit and Associated Variations for the Development, Construction and Operation of the Property Commonly Known as 964 North York Street, Elmhurst, Illinois (P.I.N. 06-26-207-019) from the Consent Agenda. Alderman Dunn moved to approve the contents of the Consent Agenda less items 6.9 MCO-03-2017 - An Ordinance Amending Section 36.09 Entitled "Classification of Licenses" of Article II Entitled "Retail Licenses" of Chapter 36 Entitled "Liquor" of the Municipal Code of Ordinances of the City of Elmhurst, Illinois, 6.10 MCO-04-2017 - An Ordinance Amending Section 36.29 Entitled "Hours During Which Sales May Be Made, Closing Hours" of Article III Entitled "Restrictions and Requirements for Conduct on Licensed Premises" of Chapter 36 Entitled "Liquor" of the Municipal Code of Ordinances of the City of Elmhurst, Illinois, 6.11 MCO-05-2017 - An Ordinance to Amend Section 36.11, Entitled "Limitation on Number of Licenses," of Article II Entitled "Retail Licenses" of Chapter 36, Entitled "Liquor," of the Municipal Code of Ordinances of the City of Elmhurst, Illinois, 6.12 MCO-06-2017 - An Ordinance to Amend Section 36.10(c), Entitled "Terms-Fees," of Article II, Entitled "Retail License" of Chapter 36, Entitled "Liquor," of the Municipal Code of Ordinances of the City of Elmhurst, Illinois and 6.13 ZO-01-2017 - An Ordinance Granting a Conditional Use Permit and Associated Variations for the Development, Construction and Operation of the Property Commonly Known as 964 North York Street, Elmhurst, Illinois (P.I.N. 06-26-207-019). Alderman Talluto seconded. Roll call vote: Ayes: Leader, Dunn, Bram, Talluto, Healy, Levin, Kennedy, Wagner, Mulliner, Sabatino Nays: NoneResults: 10 ayes, 0 nays, 4 absentMotion duly carried Alderman Healy moved to approve item 6.9 MCO-03-2017 - An Ordinance Amending Section 36.09 Entitled "Classification of Licenses" of Article II Entitled "Retail Licenses" of Chapter 36 Entitled "Liquor" of the Municipal Code of Ordinances of the City of Elmhurst, Illinois. Alderman Leader seconded. Chairman Healy stated agenda items 6.9 MCO-03-2017 - An Ordinance Amending Section 36.09 Entitled "Classification of Licenses" of Article II Entitled "Retail Licenses" of Chapter 36 Entitled "Liquor" of the Municipal Code of Ordinances of the City of Elmhurst, Illinois, 6.10 MCO-04-2017 - An Ordinance Amending Section 36.29 Entitled "Hours During Which Sales May Be Made, Closing Hours" of Article III Entitled "Restrictions and Requirements for Conduct on Licensed Premises" of Chapter 36 Entitled "Liquor" of the Municipal Code of Ordinances of the City of Elmhurst, Illinois, 6.11 MCO-05-2017 - An Ordinance to Amend Section 36.11, Entitled "Limitation on Number of Licenses," of Article II Entitled "Retail Licenses" of Chapter 36, Entitled "Liquor," of the Municipal Code of Ordinances of the City of Elmhurst, Illinois, and 6.12 MCO-06-2017 - An Ordinance to Amend Section 36.10(c), Entitled "Terms-Fees," of Article II, Entitled "Retail License" of Chapter 36, Entitled "Liquor," of the Municipal Code of Ordinances of the City of Elmhurst, Illinois are all tied together. He stated what each item in the ordinance changes or adds to existing, which includes the EHO license and it's $50.00 fee. Alderman Bram stated he could not support the reports. He agreed they are tied together and he will vote no for all of them. Roll call vote to approve item 6.9 MCO-03-2017 - An Ordinance Amending Section 36.09 Entitled "Classification of Licenses" of Article II Entitled "Retail Licenses" of Chapter 36 Entitled "Liquor" of the Municipal Code of Ordinances of the City of Elmhurst, Illinois as read: Ayes: Leader, Dunn, Talluto, Healy, Levin, Kennedy, Wagner, Sabatino Nays: Bram, MullinerResults: 8 ayes 2 nays, 4 absentMotion carried Alderman Healy moved to approve item 6.10 MCO-04-2017 - An Ordinance Amending Section 36.29 Entitled "Hours During Which Sales May Be Made, Closing Hours" of Article III Entitled "Restrictions and Requirements for Conduct on Licensed Premises" of Chapter 36 Entitled "Liquor" of the Municipal Code of Ordinances of the City of Elmhurst, Illinois as read. Alderman Leader seconded. Roll call vote: Ayes: Leader, Dunn, Talluto, Healy, Levin, Kennedy, Wagner, Sabatino Nays: Bram, MullinerResults: 8 ayes 2 nays, 4 absentMotion carried Alderman Healy moved to approve item 6.11 MCO-05-2017 - An Ordinance to Amend Section 36.11, Entitled "Limitation on Number of Licenses," of Article II Entitled "Retail Licenses" of Chapter 36, Entitled "Liquor," of the Municipal Code of Ordinances of the City of Elmhurst, Illinois as read. Alderman Leader seconded. Roll call vote: Ayes: Leader, Dunn, Talluto, Healy, Levin, Kennedy, Wagner, Sabatino Nays: Bram, MullinerResults: 8 ayes 2 nays, 4 absentMotion carried Alderman Healy moved to approve item 6.12 MCO-06-2017 - An Ordinance to Amend Section 36.10(c), Entitled "Terms-Fees," of Article II, Entitled "Retail License" of Chapter 36, Entitled "Liquor," of the Municipal Code of Ordinances of the City of Elmhurst, Illinois as read. Alderman Leader seconded. Roll call vote: Ayes: Leader, Dunn, Talluto, Healy, Levin, Kennedy, Wagner, Sabatino Nays: Bram, MullinerResults: 8 ayes 2 nays, 4 absentMotion carried Alderman Levin moved to approve item 6.13 ZO-01-2017 - An Ordinance Granting a Conditional Use Permit and Associated Variations for the Development, Construction and Operation of the Property Commonly Known as 964 North York Street, Elmhurst, Illinois (P.I.N. 06-26-207-019). Alderman Mulliner seconded. Chairman Levin reviewed the ordinance granting the conditional use permit and associated variations at 964 North York that will be a car wash. Alderman Bram stated he cannot support the ordinance. He stated he pulled item 6.13 ZO-01-2017 - An Ordinance Granting a Conditional Use Permit and Associated Variations for the Development, Construction and Operation of the Property Commonly Known as 964 North York Street, Elmhurst, Illinois (P.I.N. 06-26-207-019) to vote "no". Roll call vote to accept item 6.13 ZO-01-2017 - An Ordinance Granting a Conditional Use Permit and Associated Variations for the Development, Construction and Operation of the Property Commonly Known as 964 North York Street, Elmhurst, Illinois (P.I.N. 06-26-207-019) as read: Ayes: Leader, Dunn, Talluto, Healy, Levin, Kennedy, Wagner, Mulliner, Sabatino Nays: BramResults: 9 ayes, 1 nay, 4 absent Motion carried

7. Reports and Recommendations of Appointed and Elected Officials

7.1 Mayor Morley

Mayor Morley wished everyone a Happy New Year.

Mayor Morley announced he will give the State of Our City address at the Chamber of Commerce Membership Breakfast sponsored by Community Bank of Elmhurst, 330 West Butterfield on Tuesday, January 10 from 7:30 - 9:30 a.m.

Alderman Bram asked if there is additional information regarding the O'Hare Share the Noise that was publicly discussed at the Council meeting.

Mayor Morley stated no report. He stated there will be a presentation on an overall update on the expansion to present to the Council in January. He stated the City continues to be opposed to the runway rotation.

7.2 City Manager Grabowski

City Manager Grabowski announced there will be a one-day delay on refuse pick up and Chirstmas trees will be picked up for the next two weeks.

City Manager Grabowski reminded everyone the City is collecting Christmas tree lights for recycling in the lobby of City Hall.

8. Other Business

Alderman Talluto asked for an update on the appraisals for Golden Meadows.

Mayor Morley stated the appraisals have been received. He stated they will be reviewed in committee on January 9, 2017.

City Manager Grabowski stated the City's appraisal came in at under $1.2 million.

9. Adjournment

Alderman Wagner moved to adjourn the meeting, Alderman Kennedy seconded. Voice vote. Motion carried. Meeting adjourned at 8:28 p.m.

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