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12-05-2005204 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DES PLAINES, ILLINOIS HELD IN THE ELEANOR ROHRBACH MEMORIAL COUNCIL CHAMBERS, DES PLAINES CIVIC CENTER, MONDAY, DECEMBER 5, 2005 CALL TO ORDER: The regular meeting of the City Council of the City of Des Plaines, Illinois, was called to order by Mayor Anthony W. Arredia at 6:30 p.m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Monday, December 5, 2005. ROLL CALL: Roll call indicated the following aldermen present: Beauvais, Murphy, Sayad, Becker, Smith and Argus. Aldermen Christiansen and Brookman were absent. Alderman Brookman arrived in Executive Session at 6:35 p.m. Also present were: City Manager Niemeyer, Director of Finance Egeberg, Police Chief Prandini, Deputy Fire Chief Jaeger, Director of Engineering Oakley, Director of Public Works Dusckett, Director of Community & Economic Development Bleuher, Assistant City Manager/Director of Human Resources Bajor, Assistant City Attorney Bartel and City Attorney Wiltse. EXECUTIVE SESSION: PRAYER AND PLEDGE: PUBLIC HEARING/ 2005 TAX LEVY: CALL TO ORDER: DISCUSSION: Moved by Sayad, seconded by Becker, to go into Executive Session to discuss pending litigation. Upon roll call, the vote was: AYES: 6-Beauvais, Murphy, Sayad, Becker, Smith, Argus NAYS: 0-None ABSENT: 2-Christiansen, Brookman Motion declared carried. The City Council recessed at 6:31 p.m. The City Council reconvened at 7:04 p.m. Roll call indicated the following aldermen present: Beauvais, Murphy, Brookman, Sayad, Becker , Smith , Argu s. The opening prayer was given by Pastor Gary Houdek , Golf Road Baptist Church, followed by the Pledge o f Allegiance. MINUTES OF THE PUBLIC HEARING HELD IN THE ELEANOR ROHRBACH MEMORIAL COUNCIL CHAMBERS , DES PLAINES CIVIC CENTER, MONDAY, DECEMBER 5, 2005 Mayor Arredia called the Public Hearing to order at 7:0 5 p.m. The Public Hearing was being held pursuant to legal notice to discuss the proposed property tax levy increase for the City of Des Plaines for 2005 tax year levy, in the amount of $21,713,756, which represents a 5.1 % increase over the previous year. Director of Finance Egeberg stated that the amount of the tax levy can be adjusted when this matter is discussed in the upcoming budget hearing. Mayor Arredia asked for comment from the aldermen and the public. There were none. There will be further action on this matter under Committee of the Whole later in the meeting. The Public Hearing was adjourned at 7:08 p.m. The City Council reconvened at 7:09 p.m. PENDING LITIGATION/ "S" CURVE : PENDING LITIGATION/ LEVEE 50 PROJECT: POST OFFICE FACILITY/ 684 LEE ST.: CONSENT AGENDA: MINUTES: Consent Agenda YEAR 2005 TAX LEVY/ SPEC. SVS. AREA #3: Consent Agenda Ordinance M-75-05 YEAR 2005 TAX LEVY/ SPEC. SVS. AREA #4: Consent Agenda Ordinance M-76-05 YEAR 2005 TAX LEVY/ SPEC. SVS. AREA #5: Consent Agenda Ord. M-77-05 PAGE TWO 205 12/5/05 Moved by Murphy, seconded by Sayad, to concur with consensus in Executive Session that Staff be authorized to direct City's outside attorneys, Ancel, Glink, Diamond, Bush, DiCianni & Rolek, P.C., to enter an order with the Illinois Commerce Commission that Complaint 2 be dismissed, which will become public record once entered by the ICC. Motion declared carried. Moved by Argus, seconded by Smith, to concur with consensus in Executive Session that Staff be authorized to proceed as directed regarding the Levee 50 Flood Control Project and bike trail; and be further authorized to proceed with the eminent domain action already filed in Circuit Court. Motion declared carried. Moved by Murphy, seconded by Becker, to POSTPONE until January 3, 2006, the matter of Change Orders regarding the Build Out of Post Office Facility, 684 Lee Street, scheduled to be discussed under Unfinished Business later in the meeting. Motion declared carried. Moved by Becker, seconded by Sayad, to establish a Consent Agenda. Motion declared carried. Moved by Beauvais, seconded by Brookman, to approve the Consent Agenda. Upon roll call, the vote was: AYES: 7-Beauvais, Murphy, Sayad, Brookman, Becker, Smith, Argus NAYS: 0-None ABSENT: 1-Christiansen Motion declared carried. Minutes were approved; Staff recommendations and requests were approved; Ordinance M- 73-05 was adopted; Ordinances M-75-05, M-76-05, M-77-05, M-78-05, M-79-05, M-80-05, M-81-05, M-82-05, M-83-05, M- 84-05, M-85-05, M-86-05, M-87-05, M-88-05, M-89-05, M-90- 05, M-91-05, M-92-05 and M-93-05 were placed on First Reading; and Resolution R-173-05 was adopted. Moved by Beauvais, seconded by Brookman, to approve minutes of the regular meeting of the City Council held November 21, 2005, as published. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Brookman, to approve minutes of Executive Session of the City Council held November 21, 2005. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Brookman, to concur with Staff recommendation to approve Year 2005 Tax Levy for Special Service Area Number Three (Cumberland Townhomes, 140-150 Northwest Highway) in the amount of $13,000, as provided in Ordinance M-42-94; and further recommend to place on First Reading Ordinance M-75-05. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Brookman, to concur with Staff recommendation to approve Year 2005 Tax Levy for Special Service Area Number Four (Woodland Townhomes, 1560-1568 Woodland Avenue) in the amount of $2,000, as provided in Ordinance M-11-95. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Brookman, to concur with Staff recommendation to approve Year 2005 Tax Levy for Special Service Area Number Five (Westfield Lane Water Main) in the amount of $3,782, as provided in Ordinance M-30-03; and further recommend to place on First Reading Ordinance M-77-05. Motion declared carried as approved unanimously under Consent Agenda. ~ YEAR 2005 TAX LEVYL SPEC. svs. AREA ft6: Consent Agenda Ordinance M-78-05 YEAR 2005 TAX LEVYL SPEC. svs. AREA ft7: Consent Agenda Ordinance M-79-05 ABATEMENTL YEAR 1996A GO BONDS: Consent Agenda Ordinance M-80-05 ABATEMENTL YEAR 1998 GO BONDS: Consent Agenda Ordinance M-81-05 ABATEMENTL YEAR 1999 GO BONDS: Consent Agenda Ordinance M-82-05 ABATEMENTL YEAR 2000 GO BONDS: Consent Agenda Ordinance M-83-05 ABATEMENTL YEAR 2001 GO BONDS: Consent Agenda Ordinance M-84-05 ABATEMENTL YEAR 2001B 2001C GO BONDS: Consent Agenda Ordinance M-85-05 & PAGE THREE 206 12/5/05 Moved by Beauvais, seconded by Brookman, to concur with Staff recommendation to approve Year 2005 Tax Levy for Special Service Area Number Six (2150-2172 Chestnut Street Parking Lot) in the amount of $981, as provided in Ordinance M-73-04; and further recommend to place on First Reading Ordinance M-78-05. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Brookman, to concur with Staff recommendation to approve Year 2005 Tax Levy for Special Service Area Number Seven (Woodland Townhomes Parking Lot), in the amount of $12,000, as provided in Ordinance M-35-05; and further recommend to place on First Reading Ordinance M-7 9-05. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Brookman, to concur with Staff recommendation to authorize abatement of Year 1996A General Obligation Corporate Purpose Bonds in the amount of $463,020, as provided in Ordinance M-64-96; and further recommend to place on First Reading Ordinance M- 80-05. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Brookman, to concur with Staff recommendation to authorize abatement of Year 1998 General Obligation Corporate Purpose Bonds in the amount of $1,034,493.76, as provided in Ordinance M-24-98; and further recommend to place on First Reading Ordinance M- 81-05. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Brookman, to concur with Staff recommendation to authorize abatement of Year 1999 General Obligation Corporate Purpose Bonds in the amount of $902, 863. 76, as provided in Ordinance M-6-99; and further recommend to place on First Reading Ordinance M- 82-05. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Brookman, to concur with Staff recommendation to authorize abatement of Year 2000 General Obligation Corporate Purpose Bonds in the amount of $419, 497. 50, as provided in Ordinance M-25-00; and further recommend to place on First Reading Ordinance M- 83-05. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Brookman, to concur with Staff recommendation to authorize abatement of Year 2001 General Obligation Corporate Purpose Bonds in the amount of $370,455, as provided in Ordinance M-30-01; and further recommend to place on First Reading Ordinance M- 84-05. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Brookman, to concur with Staff recommendation to authorize abatement of Year 2001B and Year 2001C General Obligation Corporate Purpose Bonds in the amount of $930,275 for Series 2001B and $312,985 for Series 2001C, as provided in Ordinance M-72-01; and further recommend to place on First Reading Ordinance M- 85-05. Motion declared carried as approved unanimously under Consent Agenda. ABATEMENTL YEAR 2002A GO BONDS: Consent Agenda Ordinance M-86-05 ABATEMENTL YEAR 2003A 2003C GO BONDS: Consent Agenda Ordinance M-87-05 ABATEMENTL YEAR 2003B GO BONDS: Consent Agenda Ordinance M-88-05 ABATEMENTL YEAR 20030 GO BONDS: Consent Agenda Ordinance M-89-05 ABATEMENTL YEAR 2004A 2004B GO BONDS: Consent Agenda Ordinance M-90-05 ABATEMENTL YEAR 2005A, B & C GO BONDS: Consent Agenda Ordinance M-91-05 ABATEMENTL YEAR 2005E, F & G GO BONDS: Consent Agenda Ordinance M-92-05 ABATEMENTL YEAR 20050 GO BONDS: Consent Agenda Ordinance M-93-05 & & PAGE FOUR 207 12/5/05 Moved by Beauvais, seconded by Brookman, to concur with Staff recommendation to authorize abatement of Year 2002A General Obligation Corporate Purpose Bonds in the amount of $114, 999. 64, as provided in Ordinance M-28-02; and further recommend to place on First Reading Ordinance M- 86-05. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Brookman, to concur with Staff recommendation to authorize abatement of Year 2003A and Year 2003C General Obligation Corporate Purpose Bonds in the amount of $513,507.52 for Series 2003A and $124,207.50 for Series 2003C, as provided in Ordinance M-43-03; and further recommend to place on First Reading Ordinance M-87-05. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Brookman, to concur with Staff recommendation to authorize abatement of Year 2003B General Obligation Corporate Purpose Bonds in the amount of $85, 876. 03, as provided in Ordinance M-45-03; and further recommend to place on First Reading Ordinance M- 88-05. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Brookman, to concur with Staff recommendation to authorize abatement of Year 20030 General Obligation Corporate Purpose Bonds in the amount of $513,677.50, as provided in Ordinance M-58-05; and further recommend to place on First Reading Ordinance M- 89-05. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Brookman, to concur with Staff recommendation to authorize abatement of Year 2004A and Year 2004B General Obligation Corporate Purpose Bonds in the amount of $760,543.76 for Series 2004A and $794,720 for Series 2004B, as provided in Ordinance M-29- 04; and further recommend to place on First Reading Ordinance M-90-05. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Brookman, to concur with Staff recommendation to authorize abatement of Year 2005A, Year 2005B and Year 2005C General Obligation Corporate Purpose Bonds in the amount of $247,737.50 for Series 2005A, $41,150 for Series 2005B and $245,162.50 for Series 2005C, as provided in Ordinance M-70-04; and further recommend to place on First Reading Ordinance M- 91-05. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Brookman, to concur with Staff recommendation to authorize abatement of Year 2005E, Year 2005F and Year 2005BG General Obligation Corporate Purpose Bonds in the amount of $978,428.76 for Series 2005E, $163,839.37 for Series 2005F and $35,625 for Series 2005G, as provided in Ordinance M-20-05; and further recommend to place on First Reading Ordinance M- 92-05. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Brookman, to concur with Staff recommendation to authorize abatement of Year 20050 General Obligation Corporate Purpose Bonds in the amount of $672,672.50, as provided in Ordinance M-92-04 (which authorized the refunding of the 1998 GO Bonds); and further recommend to place on First Reading Ordinance M- 93-05. Motion declared carried as approved unanimously under Consent Agenda. ~ PEER JURY PARTNERSHIP AGREEMENT: Consent Agenda Resolution R-173-05 AMEND 2006 CIP TO ADD CRABTREE LANE: Consent Agenda PURCHASE/ FIRE CLOTHING: Consent Agenda ADVERTISING FOR BIDS: Consent Agenda REAPPOINT. : Consent Agenda ORDINANCE M-73-05 LIQ. LIC. CLASSIFICA. UPDATE: Consent Agenda APPOINTMENT: ORDINANCE M-75-05 YEAR 2005 TAX LEVY/ SPEC. SVS. AREA #3: ORDINANCE M-76-05 YEAR 2005 TAX LEVY/ SPEC. SVS. AREA #4: PAGE FIVE 208 12/5/05 Moved by Beauvais, seconded by Brookman, to concur wi th Staff recommendation that Mayor and City Clerk be authorized to execute Peer Jury Partnership Agreement to provide an alternative method of handling juvenile cases without a referral to juvenile court (also participating are Park Ridge Police Department and Maine Township); and further recommend to adopt Resolution R-173-05 , A RESOLUTION AUTHORIZING THE EXECUTION OF A PEER JURY PARTNERSHIP AGREEMENT IN THE CITY OF DES PLAINES . Moti on declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Brookman, to concur with Staff recommendation to amend the 2006 Capital Improvement Program (CIP) amount from $7, 390, 350 (approved by the City Council on November 21, 2005) to $7,783,850 to add the cost for the reconstruction-water main on Crabtree Lane. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Brookman, to concur with Staff recommendation to accept proposal from W. S. Darley Company, 2000 Anson Drive, Melrose Park, IL 60160, for the purchase of Four (4) Sets of Clothing (Bunker Gear) and One (1) Coat Liner for the Fire Department in the total amount of $6,219.60/Budgeted Funds; and it would be in the best interest of the City that usual bid procedures be waived. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Brookman, to concur wi th Staff recommendation that City Clerk be authorized t o advertise for bids for Purchase of Stair Chairs (Chair Stretchers), returnable by 3:00 p.m., Wednesday, December 21, 2005. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Brookman, to approve Mayoral reappointment to the ARCHITECTURAL COMMISSION of George Prosiliakos, term to expire August 31, 2 0 0 9. Motion declared carried as approved unanimously under Consent Agenda. Moved by Beauvais, seconded by Brookman, to adopt Ordinance M-73-05, AN ORDINANCE AMENDING TITLE 4, "BUSINESS REGULATIONS' II CHAPTER 4 "INTOXICATING LIQUORS, II SECTION 5, "LICENSE FEES AND NUMBERS," OF THE DES PLAINES CITY CODE TO DELETE ONE CLASS A LIQUOR LICENSE AND ADD ONE CLASS E LIQUOR LICENSE, CHANGING THE CLASSIFICATION FOR LAM'S PLACE AT 18 81 OAKTON STREET, DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. Presented for consideration (no action required) was the Mayor appointment of George Geldis to the ARCHITECTURAL COMMISSION (final action on this matter under Consent Agenda on December 19, 2005). Moved by Sayad, seconded by Argus, to advance to Second Reading and adopt Ordinance M-75-05, AN ORDINANCE LEVYING TAXES FOR SPECIAL SERVICE AREA NUMBER THREE OF THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2006 AND ENDING DECEMBER 31, 2006. Upon roll call, the vote was: AYES: 6-Beauvais, Murphy, Sayad, Becker, Smith, Argus NAYS: 1-Brookman ABSENT: 1-Christiansen Motion declared carried. Moved by Sayad, seconded by Argus, to advance to Second Reading and adopt Ordinance M-7 6-05, AN ORDINANCE LEVYING TAXES FOR SPECIAL SERVICE AREA NUMBER FOUR OF THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2006 AND ENDING DECEMBER 3~~ 2006. Upon roll call, the vote was: )''" M-76-05 (Cont'd.) ORDINANCE M-77-05 YEAR 2005 TAX LEVY/ SPEC. SVS. AREA #5: ORDINANCE M-78-05 YEAR 2005 TAX LEVY/ SPEC. SVS. AREA #6: ORDINANCE M-79-05 YEAR 2005 TAX LEVY/ SPEC. SVS. AREA #7: ORDINANCE M-80-05 ABATEMENT/ YEAR 1996A GO BONDS: ORDINANCE M-81-05 ABATEMENT/ YEAR 1998 GO BONDS: ORDINANCE M-82-05 ABATEMENT/ YEAR 1999 GO BONDS: PAGE SIX AYES: 6-Beauvais, Murphy, Sayad, Becker, Smith, Argus NAYS: 1-Brookman ABSENT: 1-Christiansen Motion declared carried. 209 12/5/05 Moved by Sayad, seconded by Argus, to advance to Second Reading and adopt Ordinance M-77-05, AN ORDINANCE LEVYING TAXES FOR SPECIAL SERVICE AREA NUMBER FIVE OF THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2006 AND ENDING DECEMBER 31, 2006. Upon roll call, the vote was: AYES: 6-Beauvais, Murphy, Sayad, Becker, Smith, Argus NAYS: 1-Brookman ABSENT: 1-Christiansen Motion declared carried. Moved by Sayad, second by Argus, to advance to Second Reading and adopt Ordinance M-78-05, AN ORDINANCE LEVYING TAXES FOR SPECIAL SERVICE AREA NUMBER SIX OF THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2006 AND ENDING DECEMBER 31, 2006. Upon roll call, the vote was: AYES: 6-Beauvais, Murphy, Sayad, Becker, Smith, Argus NAYS: 1-Brookman ABSENT: 1-Christiansen Motion declared carried. Moved by Sayad, seconded by Argus, to advance to Second Reading and adopt Ordinance M-7 9-0 5, AN ORD I NANCE LEVY ING TAXES FOR SPECIAL SERVICE AREA NUMBER SEVEN OF THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2006 AND ENDING DECEMBER 31, 2005. Upon roll call, the vote was: AYES: 6-Beauvais, Murphy, Sayad, Becker, Smith, Argus NAYS: 1-Brookman ABSENT: 1-Christiansen Motion declared carried. Moved by Sayad, seconded by Argus, to advance to Second Reading and adopt Ordinance M-80-05, ABATEMENT OF THE 2005 TAX LEVY FOR GENERAL OBLIGATION PURPOSE BONDS SERIES 1996A. Upon roll call, the vote was: AYES: 6-Beauvais, Murphy, Sayad, Becker, Smith, Argus NAYS: 1-Brookman ABSENT: 1-Christiansen Motion declared carried. Moved by Sayad, seconded by Argus, to advance to Second Reading and adopt Ordinance M-81-05, ABATEMENT OF THE 2005 TAX LEVY FOR THE 1998 GENERAL OBLIGATION CORPORATE PURPOSE BONDS. Upon roll call, the vote was: AYES: 6-Beauvais, Murphy, Sayad, Becker, Smith, Argus NAYS: 1-Brookman ABSENT: 1-Christiansen Motion declared carried. Moved by Sayad, seconded by Argus, to advance to Second Reading and adopt Ordinance M-82-05, ABATEMENT OF THE 2005 TAX LEVY FOR THE 1999 GENERAL OBLIGATION CORPORATE PURPOSE BONDS. Upon roll call, the vote was: AYES: 6-Beauvais, Murphy, Sayad, Becker, Smith, Argus NAYS: 1-Brookman ABSENT: 1-Christiansen Motion declared carried. ORDINANCE M-83-05 ABATEMENT/ YEAR 2000 GO BONDS: ORDINANCE M-84-05 ABATEMENT/ YEAR 2001 GO BONDS: ORDINANCE M-85-05 ABATEMENT/ YEAR 2001B & 2001C GO BONDS: ORDINANCE M-86-05 ABATEMENT/ YEAR 2002A GO BONDS: ORDINANCE M-87-05 ABATEMENT/ YEAR 2003A & 2003C GO BONDS: ORDINANCE M-88-05 ABATEMENT/ YEAR 2003B GO BONDS: ORDINANCE M-89-05 ABATEMENT/ YEAR 20030 GO BONDS: PAGE SEVEN 210 12/5/05 Moved by Sayad, seconded by Argus, to advance to Second Reading and adopt Ordinance M-83-05, ABATEMENT OF THE 2005 TAX LEVY FOR THE 2000 GENERAL OBLIGATION CORPORATE PURPOSE BONDS. Upon roll call, the vote was: AYES: 6-Beauvais, Murphy, Sayad, Becker, Smith, Argus NAYS: 1-Brookman ABSENT: 1-Christiansen Motion declared carried. Moved by Sayad, seconded by Argus, to advance to Second Reading and adopt Ordinance M-84-05, ABATEMENT OF THE 2005 TAX LEVY FOR THE 2001 GENERAL OBLIGATION CORPORATE PURPOSE BONDS. Upon roll call, the vote was: AYES: 6-Beauvais, Murphy, Sayad, Becker, Smith, Argus NAYS: 1-Brookman ABSENT: 1-Christiansen Motion declared carried. Moved by Sayad, seconded by Argus, to advance to Second Reading and adopt Ordinance M-85-05, ABATEMENT OF THE 2005 TAX LEVY FOR THE 2001 GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 2001B AND SERIES 2001C. Upon roll call, the vote was: AYES: 6-Beauvais, Murphy, Sayad, Becker, Smith, Argus NAYS: 1-Brookman ABSENT: 1-Christiansen Motion declared carried. Moved by Sayad, seconded by Argus, to advance to Second Reading and adopt Ordinance M-86-05, ABATEMENT OF THE 2005 TAX LEVY FOR GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 2002A. Upon roll call, the vote was: AYES: 6-Beauvais, Murphy, Sayad, Becker, Smith, Argus NAYS: 1-Brookman ABSENT: 1-Christiansen Motion declared carried. Moved by Sayad, seconded by Argus, to advance to Second Reading and adopt Ordinance M-87-05, ABATEMENT OF THE 2005 TAX LEVY FOR THE 2005 GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 2003A AND SERIES 2003C. Upon roll call, the vote was: AYES: 6-Beauvais, Murphy, Sayad, Becker, Smith, Argus NAYS: 1-Brookman ABSENT: 1-Christiansen Motion declared carried. Moved by Sayad, seconded by Argus, to advance to Second Reading and adopt Ordinance M-88-05, ABATEMENT OF THE 2005 TAX LEVY FOR THE 2003 GENERAL OBLIGATION CORPORATE PURPOSE REFUNDING BONDS, SERIES 2003B. Upon roll call, the vote was: AYES: 6-Beauvais, Murphy, Sayad, Becker, Smith, Argus NAYS: 1-Brookman ABSENT: 1-Christiansen Motion declared carried. Moved by Sayad, seconded by Argus, to advance to Second Reading and adopt Ordinance M-89-05, ABATEMENT OF THE 2005 TAX LEVY FOR THE 2003 TAXABLE GENERAL OBLIGATION REFUNDING BONDS, SERIES 2003D. Upon roll call, the vote was: AYES: 6-Beauvais, Murphy, Sayad, Becker, Smith, Argus NAYS: 1-Brookman ABSENT: 1-Christiansen Motion declared carried. ORDINANCE M-90-05 ABATEMENT/ YEAR 2004A & 2004B GO BONDS: ORDINANCE M-91-05 ABATEMENT/ YEAR 2005A, B & C GO BONDS: ORDINANCE M-92-05 ABATEMENT/ YEAR 2005E, F & G GO BONDS: ORDINANCE M-93-05 ABATEMENT/ YEAR 2005D GO BONDS: WARRANT REGISTER: 2005 TAX LEVY: PAGE EIGHT 211 12/5/05 Moved by Sayad, seconded by Argus, to advance to Second Reading and adopt Ordinance M-90-05, ABATEMENT OF THE 2005 TAX LEVY FOR THE 2004 GENERAL OBLIGATION BONDS, SERIES 2004A AND SERIES 2004B. Upon roll call, the vote was: AYES: 6-Beauvais, Murphy, Sayad, Becker, Smith, Argus NAYS: 1-Brookman ABSENT: 1-Christiansen Motion declared carried. Moved by Sayad, seconded by Argus, to advance to Second Reading and adopt Ordinance M-91-05, ABATEMENT OF THE · 2005 TAX LEVY FOR THE 2005 GENERAL OBLIGATION BONDS, SERIES 2005A, SERIES 2005B AND SERIES 2005C. Upon roll call, the vote was: AYES: 6-Beauvais, Murphy, Sayad, Becker, Smith, Argus NAYS: 1-Brookman ABSENT: 1-Christiansen Motion declared carried. Moved by Sayad, seconded by Argus, to advance to Second Reading and adopt Ordinance M-92-05, ABATEMENT OF THE 2005 TAX LEVY FOR THE 2005 GENERAL OBLIGATION BONDS, SERIES 2005E, SERIES 2005F AND SERIES 2005G. Upon roll call, the vote was: AYES: 6-Beauvais, Murphy, Sayad, Becker, Smith, Argus NAYS: 1-Brookman ABSENT: 1-Christiansen Motion declared carried. Moved by Sayad, seconded by Argus, to advance to Second Reading and adopt Ordinance M-93-05, ABATEMENT OF THE 2005 TAX LEVY FOR THE 2005 TAXABLE GENERAL OBLIGATION REFUNDING BONDS, SERIES 2005D. Upon roll call, the vote was: AYES: 6-Beauvais, Murphy, Sayad, Becker, Smith, Argus NAYS: 1-Brookman ABSENT: 1-Christiansen Motion declared carried. MAYOR .ARREDIA DECLARED THAT THE CITY COUNCIL WAS NOW RESOLVED INTO A COMMITTEE OF THE WHOLE FINANCE & ADMINISTRATION Alderman Sayad, Chair Moved by Smith, seconded by Brookman, to recommend to the City Council approval of the December 5, 2005 - Warrant Register, in the total amount of $12,697,821.94, and further recommend that Resolution R-174-05 be adopted at appropriate time this evening. Motion declared carried. Director of Finance Egeberg reviewed his memo of November 17, 2005, and stated that Staff is recommending that the property tax levy ordinance be approved and placed on First Reading tonight in the amount of $21,713,756, which does not include the Debt Service, and represents a 5.1% increase over last year. Moved by Becker, seconded by Beauvais, to concur with Staff recommendation and recommend to the City Council to approve the 2005 Property Tax Levy in the amount of $21,713,756; and Ordinance M-94-05 be placed on First Reading at appropriate time this evening. Alderman Brookman stated that she will be voting no; this should be decided after all the budget hearings are hel~ TAX LEVY (Cont'd. ) CROSS MERCHANDISING OF ALCOHOL: WARRANT REGISTER: Resolution R-174-05 2005 TAX LEVY: Ordinance M-94-05 CROSS MERCHANDISING OF ALCOHOL: Ordinance M-74-05 PAGE NINE 212 12/5/05 Motion declared carried. voted no. Aldermen Murphy and Brookman LEGAL & LICENSING -Alderman Murphy, Chair Alderman Murphy stated that Staff had been authorized to prepare a draft ordinance specifying that for beer and wine only, stores of greater than 35,000 sq. ft. could be allowed to do cross merchandising of alcohol; Aldi's square footage is 11,000 sq. ft., so the draft ordinance was amended to indicate 10,000 sq. ft. so that Aldi's may be included. A general discussion followed on also whether "tasting" or sampling of liquor be restricted only to the separate area for liquor sales in the store or be allowed anywhere where alcohol may be "cross merchandised." Moved by Beauvais, seconded by Sayad, to recommend to the City Council that proposed Ordinance M-74-05 be placed on First Reading at appropriate time this evening, but Staff be authorized to further review the ordinance to incorporate some of the concerns of the aldermen and an amended ordinance be presented for adoption on December 19, 2005. Motion declared carried. Alderman Becker voted no. MAYOR ARREDIA ASSUMED THE CHAIR AND DECLARED THE CITY COUNCIL BACK IN SESSION Moved by Sayad, seconded by Brookman, to concur with recommendation of Committee of the Whole to adopt Resolution R-174-05, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DES PLAINES THAT THE FOLLOWING BILLS ARE DUE AND PAYABLE AND THAT THE MAYOR AND CITY CLERK BE AND ARE HEREBY AUTHORIZED TO MAKE PAYMENT FOR SAME. Total: $12,697,821.94. Upon roll call, the vote was: AYES: 7-Beauvais, Murphy, Sayad, Brookman, Becker, Smith, Argus NAYS: 0-None ABSENT: 1-Christiansen Motion declared carried. Moved by Sayad, seconded by Smith, to concur with recommendation of Committee of the Whole to approve the 2005 Property Tax Levy in the amount of $21,713,756; and further recommend to place on First Reading Ordinance M- 94-05, AN ORDINANCE LEVYING TAXES FOR THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2006 AND ENDING DECEMBER 31, 2006. Upon roll call, the vote was: AYES: 5-Beauvais, Sayad, Becker, Smith, Argus NAYS: 2-Murphy, Brookman ABSENT: 1-Christiansen Motion declared carried (further action on this matter under Unfinished Business on December 19, 2005). Moved by Murphy, seconded by Beauvais, to concur with recommendation of Committee of the Whole that proposed Ordinance M-74-05 be placed on First Reading, but Staff be authorized to further review the ordinance to incorporate some of the concerns of the aldermen and an amended ordinance be presented for adopt on December 19, 2005. Motion declared carried. Alderman Becker voted no. PAGE TEN 213 12/5/05 ADJOURNMENT: Moved by Sayad, seconded by Beauvais, that the regul a r meeting of the City Council adjourn. Motion declared carried. Meeti~~~ Donna McAllister, MMC CITY CLERK APPROVED~ M= ~/ DAY OF , 2005 An h~a, MA'toR --