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Wednesday, April 17, 2024

Elmhurst City Council discusses conditional use request for a daycare center

Meeting 07

Elmhurst City Council met Monday, March 6.

The council regularly meets on the first and third Monday night of each month. Standing Council Committees meet on the second and fourth Mondays to review issues that will be brought to formal City Council meetings.

Here are the minutes as provided by Elmhurst:

Regular Meeting of the Elmhurst City Council

Monday, March 6, 2017

Generated by City Clerk Spencer

1. Executive Session - Conf. Room #2 - 6:30 p.m.

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

Mayor Morley called the Executive Session to order at 6:30 p.m. for the purpose of discussing: Purchase of Real Property, pursuant to the Open Meetings Act 5 ILCS 120/5 (c)(5) and Pending /Probable Litigation pursuant to the Open Meetings Act 5 ILCS 120/2 (c)(11)

Present: Kevin York, Noel P. Talluto, Scott Levin, Jim Kennedy (arrived at 6:31 p.m.), Michael Honquest, Mark A. Mulliner, Marti Deuter, Mark Sabatino, Norman Leader, Bob Dunn, Michael J. Bram, Dannee Polomsky

Absent: Chris Healy, Patrick Wagner

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

Alderman Kennedy moved to convene into Executive Session for the purpose of discussing Purchase of Real Property, pursuant to the Open Meetings Act 5 ILCS 120/5 (c)(5) and Pending /Probable Litigation pursuant to the Open Meetings Act 5 ILCS 120/2 (c)(11). Alderman Polomsky seconded.

Ayes: York, Talluto, Levin, Kennedy, Honquest, Mulliner, Deuter, Sabatino, Leader, Dunn, Bram, Polomsky

Nays: Healy, Wagner

Results: 12 ayes, 0 nays, 2 absent

Motion duly carried

Alderman Deuter moved to adjourn Executive Session. Alderman Sabatino seconded. Voice vote. Motion carried. Executive Session adjourned at 7:29 p.m.

2. Call to Order - 7:35 p.m.

2.1 Pledge of Allegiance - led by Sandburg Middle School Boy Scout Troop 78

2.2 Roll Call - Ward 4 - Attendance: 85

Present: Kevin L. York, Noel P. Talluto, Chris Healy (by electronic means), Scott Levin, Jim Kennedy, Michael Honquest, Mark A. Mulliner, Marti Deuter, Mark Sabatino, Norm Leader, Bob Dunn, Michael J. Bram, Dannee Polomsky

Absent: Patrick Wagner

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

3. Receipt of Written Communication from the Public

None.

4. Public Forum

Peter Pezza

Spoke of water collecting in his back yard.

Jackie Tamer

668 S. Stratford

Elmhurst, IL

Thanked the Mayor and the City Council for their support of the Youth Commission. She reviewed the programs that were well received.

Claude Pagacz

566 Gladys

Elmhurst, IL

Spoke regarding water bills, GO Bonds, no bid contracts, DPZ helped businesses.

The following spoke in favor of Kidz Drop In:

Sarah Massey

John R. Quigley, Elmhurst Chamber of Commerce

Russ Weigard, 33 Briarwood St., Oak Brook, IL

Jim Woods, Civiltech

Laura Allen, 260 E. Columbia, Elmhurst, IL

Rim Veidemanis, 206 S. Fairfield, Elmhurst, IL

Joyce Slone, 33 Briarwood, Oak Brook, IL

Kasindra, Kenna and Kessler Mladenoff, 608 Bryan, Elmhurst, IL

Alison Jenzen, 628 S Mitchell, Elmhurst, IL

Lance Adeszko

Michelle Nosek

Laura Dolak

Chuck and Becky Kraft

Richard Inskeep

Kathleen Sullivan

Announced today is badge day for anyone in a sorority or fraternity. She announced Friday, March 10, 2017 the Elmhurst Panhellenic will host a dinner and fashion show.

5. Announcements

Clerk Spencer announced for the April 4, 2017 Consolidated Election, Elmhurst will host early voting in Council Chambers March 20, 2017 to April 1, 2017. The hours are Monday - Friday 8:30 a.m. to 7:30 p.m. and Saturday 9:00 a.m. to 5:00 p.m. As in the past, the scheduled City Council meeting will begin at 8:00 p.m.

Alderman Dunn announced the O'Hare Noise Compatibility Commission (ONCC) will host a meeting at 8:00 a.m. on Friday, March 10, 2017 at Cafe LaCave in DesPlaines. There will be a vote on the adoption of the second phase. City Manager Grabowski will be briefed.

6. Consent Agenda

6.1 Minutes of the Regular Meeting of the Elmhurst City Council on February 21, 2017

6.2 Minutes of the Executive Session of the City Council on February 21, 2017

6.3 Accounts Payable March 2, 2017 - 2017 Total $ 7,559,148.93 / 2016 Total $ 759,430.96

6.4 Referral - Liquor License Request Beerhead Bar & Eatery (City Manager Grabowski)

6.5 Referral - Review of Value in Establishng a Formal Procurement Function Within the City of Elmhurst - Aldermen Dunn, Kennedy and Leader (City Manager Grabowski)

6.6 Referral - Review of City Ordinances and Any Appropriate Regulations and Restrictions (hoop house) - Aldermen Levin and Deuter (City Manager Grabowski)

6.7 Report - IDOT Funding Agreement (Revised) - Industrial Drive Resurfacing Project (PWB)

6.8 Report - SW Wet Weather Control Facility - Sewers and Force main - Project No. 14-13 Change Order No. 7 - Various Frac-outs (3) (PWB)

6.9 Report - Southwest Elmhurst Stormwater Mitigation Project - Phase 1 - Professional Engineering Services (PWB)

6.10 Report - Construction Engineering Services Agreement - Industrial Drive Resurfacing Project (PWB)

6.11 Report - 2017 Explore Elmhurst Community Grant Program (PAS)

6.12 Report - Ultimate Frisbee Land Use (PAS)

6.13 Report - Timothy Christian School Land Use (PAS)

6.14 Report - 5th Annual Elmhurst Cycling Classic Bicycle Race (PAS)

6.15 Report - Annie LeGere "To the Moon and Back" 2017 Walk (PAS)

6.16 Report - York and Vallette Business Association's 2017 Farmers Market (PAS)

6.17 Report - Total Parking Solutions Maintenance Agreements (FCAAS)

6.18 O-15-2017 - An Ordinance Making Appropriations for Special Service Area Number Six of the City of Elmhurst for the Fiscal Year Beginning January 1, 2017 and Ending December 31, 2017

6.19 O-16-2017 - An Ordinance Making Appropriations for Special Service Area Number Eleven of the City of Elmhurst for the Fiscal Year Beginning January 1, 2017 and Ending December 31, 2017

6.20 O-17-2017 - An Ordinance Making Appropriations for Special Service Area Number Thirteen of the City of Elmhurst for the Fiscal Year Beginning January 1, 2017 and Ending December 31, 2017

6.21 O-18-2017 - An Ordinance Making Appropriations for Special Service Area Number Fourteen of the City of Elmhurst for the Fiscal Year Beginning January 1, 2017 and Ending December 31, 2017

6.22 O-19-2017 - An Ordinance Making Appropriations for Special Service Area Number Fifteen of the City of Elmhurst for the Fiscal Year Beginning January 1, 2017 and Ending December 31, 2017

6.23 O-20-2017 - An Ordinance Making Appropriations for Special Service Area Number Sixteen of the City of Elmhurst for the Fiscal Year Beginning January 1, 2017 and Ending December 31, 2017

6.24 O-21-2017 - An Ordinance Waiving Bid and Accepting the Proposal of Reliable Contracting and Equipment Company in Connection with the 2017 Underground Conduit Installation at 138-142 North Addison Project and Authorizing the Execution of a Contract Between Reliable Contracting and Equipment Company and the City of Elmhurst

6.25 O-23-2017 - An Ordinance Approving and Authorizing the Execution of a Non-Exclusive License Agreement By and Between Elmhurst Running Club Inc. and the City of Elmhurst, DuPage and Cook Counties, Illinois

6.26 R-21-2017 - A Resolution Approving and Authorizing the Execution of a Professional Design Engineering Services Agreement with Intelligent Design & Construction Solutions LLC in Connection with the North Industrial Lift Station Generator and General Improvements Project

6.27 R-22-2017 - A Resolution to Approve and Authorize the Execution of a Professional Engineering Services Agreement By and Between RJN Group Inc. and the City of Elmhurst for the 2017 Field Investigations and Rehabilitation Program Assistance Project

6.28 R-23-2017 - A Resolution Approving and Authorizing the Execution of a Professional Engineering Services Agreement for the Water System Evaluation Project

6.29 R-24-2017 - A Resolution Authorizing the Purchase of Two (2) Replacement Vehicles for the City's Streets Division and Authorizing the Disposal of Two (2) Existing Vehicles, Being PW-39 and PW-49

6.30 R-25-2017 - A Resolution Authorizing the Purchase of Two (2) Replacement Vehicles for the City of Elmhurst Public Works Department and Authorizing the Disposal of Two (2) Existing Vehicles

6.31 R-26-2017 - A Resolution Authorizing the Purchase of Fire Hydrant Materials for the City of Elmhurst, Illinois

6.32 R-27-2017 - A Resolution Authorizing the Issuance of a Notice of Award for the Elmhurst Police Station Rain Garden Project

6.33 R-28-2017 - A Resolution Expressing Official Intent Regarding Certain Capital Expenditures to be Reimbursed from Proceeds of an Obligation to be Issued by the City of Elmhurst, DuPage and Cook Counties, Illinois

6.34 R-29-2017 - A Resolution Approving the Preliminary and Final Plat of the Messiah Lutheran Church Subdivision

6.35 R-30-2017 - A Resolution Approving and Authorizing the Execution of a Professional Engineering Services Agreement in Connection with the Southwest Elmhurst Infrastructure Improvement Project

6.36 R-31-2017 - A Resolution to Adopt the DuPage Mayors and Managers Conference 2017 Legislative Action Program

6.37 ZO-02-2017 - An Ordinance Granting A Front Yard Setback Variation for the Purposes of Constructing an Addition with a Canopy Overhang to the Existing Structure, on the Property Commonly Known as 500 West Lake Street in the City of Elmhurst Illinois (Elmhurst BMW – 03-35-112-043)

6.38 ZO-03-2017 - An Ordinance Granting a Variation for the Property Commonly Known as 540 West Lamont Road, Elmhurst, Illinois 60126 (P.I.N.s 03-27-211-019/-020/-021)

6.39 ZO-04-2017 - An Ordinance Rezoning (Map Amendment) Certain Property, Commonly Known as 160 Industrial Drive, Elmhurst, Illinois, to the I1 Restricted Industrial District (P.I.N. 03-35-204-007)

Alderman York moved to approve the contents of the Consent Agenda as presented. Alderman Talluto seconded. Roll call vote:

Ayes: York, Talluto, Healy, Levin, Kennedy, Honquest, Mulliner, Deuter, Sabatino, Leader, Dunn, Bram, Polomsky

Absent: Wagner

Results: 13 ayes, 0 nays, 1 absent

Motion duly carried

7. Committee Reports

7.1 Majority Report - Case Number 16 P-13/Mladenoff Day Care Conditional Use 187 - 195 North York (DPZ)

7.2 Minority Report - Case Number 16 P-13/Mladenoff Day Care Conditional Use 187 - 195 North York (DPZ)

Alderman Levin moved to accept item 7.1 Majority Report - Case Number 16 P-13/Mladenoff Day Care Conditional Use 187 - 195 North York as read. Alderman Mulliner seconded.

Chairman Levin stated the report contains a request for a conditional use for a day care center. The concerns come down to safety, which can be broken down into two parts: the safety of the children who will use the day care center and traffic.

He stated many of the children have not yet learned to walk and are carried by their parents who, as adults, observe traffic safety. He stated traffic studies were conducted by the applicant and the City. The findings and conclusions determined safety is not an issue. He also mentioned a parking and alley study conducted by the city's Engineer Consultant, Brent Coulter.

He stated City staff has its' concerns but he relied on the traffic studies and supports their results.

Alderman Honquest moved to substitute item 7.2 Minority Report - Case Number 16 P-13/Mladenoff Day Care Conditional Use 187 - 195 North York for item 7.1 Majority Report - Case Number 16 P-13/Mladenoff Day Care Conditional Use 187 - 195 North York. Alderman Leader seconded.

Alderman Honquest stated he agrees with City staff's recommendation and does not support the majority report.

Discussion ensued regarding substituting the minority report for the majority report.

Discussion regarding the additional information from the police and fire did not seem to prove it to be any more unsafe than their reports say two weeks prior.

Roll call vote to substitute item 7.2 Minority Report - Case Number 16 P-13/Mladenoff Day Care Conditional Use 187 - 195 North York for item 7.1 Majority Report - Case Number 16 P-13/Mladenoff Day Care Conditional Use 187 - 195 North York:

Ayes: York, Healy, Honquest, Sabatino, Leader

Nays: Talluto, Levin, Kennedy, Mulliner, Deuter, Dunn, Bram, Polomsky

Results: 5 ayes, 8 nays, 1 absent

Motion failed

Alderman Polomsky moved to amend item 7.1 Majority Report - Case Number 16 P-13/Mladenoff Day Care Conditional Use 187 - 195 North York to add in the report the conditional use runs with the owner and the business model and it will cease upon owner change, sale or termination, or substantial change of business model. Alderman Deuter seconded.

Discussion ensued.

Alderman Polomsky withdrew her motion. Alderman Deuter seconded.

Alderman Polomsky moved to amend the report to state conditional use be used on the business model contingent to the use. Alderman Levin seconded.

Discussion ensued.

Alderman Polomsky withdrew the motion. Alderman Levin seconded.

Roll call vote to accept item 7.1 Majority Report - Case Number 16 P-13/Mladenoff Day Care Conditional Use 187 - 195 North York:

Ayes: Talluto, Healy, Levin, Kennedy, Mulliner, Deuter, Dunn, Bram, Polomsky

Nays: York, Honquest, Sabatino, Leader

Results: 9 ayes, 4 nays, 1 absent

Motion carried

7.3 Report - Subarea Planning Services Proposal (DPZ)

Alderman Levin moved to accept item 7.3 Report - Subarea Planning Services Proposal as read. Alderman Mulliner seconded. Roll call vote:

Ayes: York, Talluto, Healy, Levin, Kennedy, Honquest, Mulliner, Deuter, Sabatino, Leader, Dunn, Bram, Polomsky

Absent: Wagner

Results: 13 ayes, 0 nays, 1 absent

Motion duly carried

7.4 Report - New Home Star Financial Assistance Incentive (DPZ)

Alderman Levin moved to accept item 7.4 Report - New Home Star Financial Assistance Incentive as read. Aldeman Mulliner seconded.

Chairman Levin reviewed the report and asked the Council to support it.

Discussion ensued regarding relocation expense, along with demolition and remediation.

Roll call vote to approve item 7.4 Report - New Home Star Financial Assistance Incentive:

Ayes: York, Talluto, Healy, Levin, Kennedy, Honquest, Mulliner, Sabatino, Leader, Polomsky

Nays: Deuter, Dunn, Bram

Results: 10 ayes, 3 nays 1 absent

Motion carried

7.5 Report - 100 N. Addison LLC Redevelopment Agreement (OPUS) (DPZ)

Alderman Levin moved to accept item 7.5 Report - 100 N. Addison LLC Redevelopment Agreement (OPUS) as read. Alderman Mulliner seconded.

Chairman Levin reviewed the Executive Summary and asked City Council to accept the report.

Discussion ensued.

Alderman Levin requested Assistant City Manager Kopp answer questions from the Council.

Alderman Mulliner moved to allow Assistant City Manager Kopp to speak to the Council. Alderman Kennedy seconded. Voice vote, unanimous.

Discussion continued.

Roll call vote to accept item 7.5 Report - 100 N. Addison LLC Redevelopment Agreement (OPUS) as read:

Ayes: York, Talluto, Healy, Levin, Kennedy, Honquest, Mulliner, Sabatino, Leader

Nays: Deuter, Dunn, Bram, Polomsky

Results: 9 ayes, 4 nays, 1 absent

Motion carried

8. Reports and Recommendations of Appointed and Elected Officials

8.1 Mayor Morley

Mayor Morley thanked everyone for a great St. Patrick's Day parade. He thanked Jim O'Connor and Dave Thompson for the wonderful events of the day.

Mayor Morley stated Governor Rauner stayed for the entire parade. A good time was had by all who attended.

Mayor Morley announced the Youth Commission Job Fair on March 23rd and the Exemplary Youth Awards reception on April 26, 2017.

8.2 City Manager Grabowski

City Manager Grabowski announced that our Fire Department helped with disaster relief in LaSalle County on Tuesday, February 28, 2017 due to tornados and severe storms in the area.

Alderman York announced $4.2 million was paid off on our bonds.

8.3 O'Hare Expansion Update

Postponed to the March 20, 2017 City Council meeting.

9. Ordinances

9.1 O-22-2017 - An Ordinance Approving and Authorizing the Execution of a Settlement Agreement and General Release

Alderman Mulliner moved to approve item 9.1 O-22-2017 - An Ordinance Approving and Authorizing the Execution of a Settlement Agreement and General Release as read. Alderman Dunn seconded.

City Attorney Storino stated this is an ordinance of a Settlement Agreement and General Release.

Roll call vote to approve item 9.1 O-22-2017 - An Ordinance Approving and Authorizing the Execution of a Settlement Agreement and General Release:

Ayes: York, Talluto, Healy, Levin, Kennedy, Honquest, Mulliner, Deuter, Sabatino, Leader, Dunn, Bram, Polomsky

Absent: Wagner

Results: 13 ayes, 0 nays, 1 absent

Motion duly carried

10. Other Business

None.

11. Adjournment

Alderman Mulliner moved to adjourn the meeting. Alderman Kennedy seconded. Voice vote. Motion carried. Meeting adjourned at 11:31 p.m.

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