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Mayor casts deciding vote on video gaming cafés in Palos Hills

  • Written by Michael Gilbert

The controversy over allowing video gaming cafés in Palos Hills has not subsided in the last month.

Four weeks after Mayor Gerald Bennett cast the deciding vote to break a 5-5 deadlock to create a new classification in the liquor ordinance for the gaming cafés, the mayor was once again called into duty.

This time it was to break a 5-5 stalemate last week to approve licenses for two gaming cafés – Stella’s Place and Durbin’s – to come to town.

In the moments prior to Bennett’s vote, Ald. Marty Kleefisch (1st) argued the motion made by Ald. Dawn Nowak (5th) to consider the licenses for Stella’s and Durbin’s should be ruled “out of order.”

Kleefisch’s claim was that back on Oct. 15, Nowak made a motion to have City Attorney George Pappas draft an ordinance creating a license in the liquor ordinance for gaming cafés that was ultimately defeated by a 5-4 margin. At the very next meeting on Nov. 5, Nowak, now with all 10 aldermen present, made another motion to have Pappas draft an ordinance – which came down to Bennett’s deciding vote.

Kleefisch stated that on Nov. 5 Nowak should have asked the board to “reconsider” the ordinance rather than make a make a motion to request Pappas draft the ordinance. He argued that what he believed to be incorrect wording be ruled an improper motion and out of order.

“You don’t ask our attorney to draft motions on motions that have failed,” Kleefisch said following the city council meeting on Dec. 3. “The way I interpret Robert’s Rules (of Order) she could have made a motion to reconsider the vote that failed. The motion Ald. Nowak brought up on Nov. 5 was an improper motion and should have been ruled out of order.”

Bennett disputed Kleefisch’s claim and said there are no rules in parliamentary procedure that prohibit an elected official from bringing back a motion as long as it does not take place at the same meeting the motion was originally voted on.  

“The only time you talk about the reconsideration of a motion (cannot take place) is during a meeting in which it was voted down,” Bennett told Kleefisch. “Any alderman has the right to bring back a motion that was voted down at a past meeting.

“There is no limitation on the fact that (Nowak’s) action originally failed and then her coming back (with the same action) at a following meeting.”

The two continued to debate the issue for nearly 10 minutes with Bennett on two separate occasions asking Kleefisch if he wanted to “sit up here,” meaning the mayor’s chair. Eventually Ald. Ricky Moore (4th) called for a vote on Nowak’s motion with Aldermen Moore, Nowak, Joe Marrotta (4th), Pauline Stratton (2nd) and Mike Lebarre (3rd) voting in favor of approving licenses for Stella’s and Durbin’s.

Aldermen Kleefisch, Joan Knox (1st), Mark Brachman (2nd), A.J. Pasek (3rd) and Mary Ann Schultz (5th) voted against.

Representatives of Stella’s previously told the council they have plans to open on 111th Street and Southwest Highway in the building that formerly housed Hills Pharmacy. The café operated by Durbin’s would be located in the strip mall in the 10100 block of Roberts Road.

“I think these are going to be upscale facilities – a nice addition to the city,” said Nowak, who was unsure when either video gaming café would open for business. “I think a lot of people think video gaming will bring in the riff raff but the proposal Stella’s presented to us was a very nice, upscale facility.”

Kleefisch said he believed if Nowak’s motion was ruled out of order that it was “possible” the item would be prohibited from coming up for discussion again. He also understood that may not have been the case.

“I realize I may lose the main motion, but I want to the procedure to that point to be correct,” Kleefisch said.

Pappas declined to comment on the issue when asked by The Reporter after the meeting.