12-17-2007082
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 17, 2007
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 6:00 p.m. in the Eleanor Rohrbach
Memorial Council Chambers, Des Plaines Civic Center on
Monday, December 17, 2007.
ROLL CALL: Roll call indicated the following aldermen present:
Moylan, Walsten, Smith and Argus. Aldermen Beauvais,
Murphy, Higgason and Brookman were absent. Aldermen
Beauvais, Higgason and Brookman arrived in Executive
Session at 6:02 p.m. Alderman Murphy arrived in
Executive Session at 6:07 p.m.
Also present were: Acting City Manager Bajor, Acting Director of Finance
Simpson, Police Chief Prandini, Fire Chief Jaeger, Director of
Engineering Oakley, Director of Public Works Dusckett, Director of
Community & Economic Development Conlan, Assistant City Attorney Bartel
and City Attorney Wiltse.
PRAYER:
PUBLIC
HEARING/
CDBG ANNUAL
PERF. RPT. :
CALL TO
ORDER:
DISCUSSION:
c.o. #1/
ROOF REPLACE.
POLICE STA. :
CITIZEN
PARTICIPA. :
The opening prayer was given by Father Demetri Kounavis,
St. John The Baptist Greek Orthodox Church, followed by
the Pledge of Allegiance to the Flag.
MINUTES OF THE PUBLIC HEARING HELD IN THE
ELEANOR ROHRBACH MEMORIAL COUNCIL CHAMBERS, DES
PLAINES CIVIC CENTER, MONDAY, DECEMBER 17, 2007
Mayor Arredia called the Public Hearing to order at 7:06
p.m. The Public Hearing was being held pursuant to legal
notice to give citizens the opportunity to comment on the
City's Consolidated Annual Performance and Evaluation
Report (CAPER) for Program Year 2006-07, detailing the
City's use of Community Development Block Grant (CDBG)
Funds, beginning October 1, 2006 and ending September 30,
2007.
Director of Community & Economic Development Conlan gave
a brief overview.
Mayor Arredia asked for comments from the aldermen and
the public. There were none. Final action on this
matter under Items 7 and 7a on the Consent Agenda this
evening.
The Public Hearing was adjourned at 7:07 p.m.
The City Council reconvened at 7:08 p.m.
Moved by Argus, seconded by Moylan, to POSTPONE until
January 7, 2007, discussion on approval of Change Order
#1 to contract with Singles Roofing Company, Inc., 345
S. Willard Avenue, Elgin, IL 60121, for Roof Replacement
at Des Plaines Police Station. Motion declared carried.
Ms. Pam Lunsmann, 1741 Central Road, addressed the City
Council stating that she is a employee of the City and
an active member of the AFSCME Union; AFSCME is dedicated
to providing a high level of service to the residents of
Des Plaines; the people deserve no less; we perform our
jobs on the highest level; we expect to receive a fair
and equitable agreement with the City.
CONSENT
AGENDA:
MINUTES:
Consent
Agenda
LIQ. LIC./
14 71 LEE ST . :
Consent
Agenda
Ordinance
M-98-07
LIQ. LIC./
1591 LEE ST. :
Consent
Agenda
Ordinance
M-99-07
ZONING CASE
07-71-CU-V
CONDIT. USE &
VARIATION/
1101 OAKTON:
Ordinance
Z-29-07
ZONING CASE
07-75-CU
CONDIT. USE/
820 ELMHURST:
Consent
Agenda
Ord. Z-30-07
PAGE TWO
083
12/17/07
City Clerk McAllister requested that Items 4 and 4a be
removed from the Consent Agenda.
Moved by Murphy, seconded by Beauvais, to establish a
Consent Agenda except for Items 4 and 4a. Motion
declared carried.
Moved by Murphy, seconded by Argus, to approve the
Consent Agenda. Upon roll call, the vote was:
AYES: 8-Beauvais, Moylan, Murphy, Higgason,
Brookman, Walsten, Smith, Argus
NAYS: 0-None
ABSENT: 0-None
Motion declared carried. Minutes were approved; Staff
recommendations and requests were approved; Ordinances
M-71-07, M-72-07, M-73-07, M-74-07, M-75-07, M-76-07,
M-77-07, M-78-07, M-79-07, M-80-07, M-81-07, M-82-07,
M-83-07, M-84-07, M-85-07, M-86-07, M-87-07, M-88-07,
M-89-07, M-90-07 and M-91-07 were adopted; Ordinances
M-98-07, M-99-07 and Z-30-07 were placed on First
Reading; and Resolutions R-159-07, R-160-07, R-161-07
and R-162-07 were adopted.
Moved by Murphy, seconded by Argus, to approve minutes
of the regular meeting of the City Council held December
3, 2 007, as published. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Murphy, seconded by Argus, to concur with Staff
recommendation to amend Title 4, Chapter 4
"Intoxicating Liquors," Section 4-4-5 of the City Code
to add a new Class B Bulk Sales Dealers Liquor License
for property located at 1471 Lee Street, d/b/a Prestige
Wine & Spirits; contingent upon verification of
fingerprints; and further recommend to place on First
Reading Ordinance M-98-07, AN ORDINANCE AMENDING TITLE
4, "BUSINESS REGULATIONS," CHAPTER 4, "INTOXICATING
LIQUORS," SECTION 5, "LICENSE FEES AND NUMBER," OF THE
DES PLAINES CITY CODE TO ADD ONE CLASS B LIQUOR LICENSE
FOR SOKKAS, INC. D/B/A PRESTIGE WINE & SPIRITS LOCATED
AT 14 71 LEE STREET, DES PLAINES, ILLINOIS. Motion
declared carried as approved unanimously under Consent
Agenda.
Moved by Murphy, seconded by Argus, to concur with Staff
recommendation to amend Title 4, Chapter 4
"Intoxicating Liquors," Section 4-4-5 of the City Code
to add a new Class A Tavern Liquors Dealers License for
property located at 1591 Lee Street, d/b/a Tiki Terrace;
contingent upon verification of fingerprints; and
further recommend to place on First Reading Ordinance
M-99-07, AN ORDINANCE AMENDING TITLE 4, "BUSINESS
REGULATIONS I If CHAPTER 4 I "INTOXICATING LIQUORS I If SECTION
5, "LICENSE FEES AND NUMBER," OF THE DES PLAINES CITY
CODE TO ADD ONE CLASS B LIQUOR LICENSE FOR TIKI TERRACE,
LLC D/B/A TIKI TERRACE LOCATED AT 1591 LEE STREET, DES
PLAINES, ILLINOIS. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Murphy, seconded by Brookman, to REFER BACK TO
STAFF for further review Zoning Case 07-71-CU-V to
permit existing restaurant to be demolished and new
Class B (Fast Food) Restaurant with customer seating for
90 persons, new double drive-through and Parking
Variation to permit 27 on-site parking spaces instead of
the required 38 parking spaces, and Ordinance Z-29-07.
Motion declared carried.
Moved by Murphy, seconded by Argus, to concur with
recommendation of Des Plaines Zoning Board of Appeals,
re Zoning Case 07-75-CU, to grant request for
Conditional Use, with conditions, to permit Class B
(Fast Food) Restaurant with customer seating for 20
persons in C-3 General Commercial District on property
located at 820 S. Elmhurst Road; and further recommenf"iN
to place on First Reading Ordinance Z-30-07, AN '\j''
820 ELMHURST
(Cont'd.)
CONSTRUCTION
ON STATE
R-0-W/PERMITS
AND BOND:
Consent
Agenda
Resolution
R-159-07
2006 CDBG
ANNUAL PERF.
& EVALUATION
REPORT
(CAPER) :
Consent
Agenda
Resolution
R-160-07
PURCHASE/
WATER METERS
& PARTS/
BADGER MTRS:
Consent
Agenda
Resolution
R-161-07
LAND LEASE
RENEWAL/
520 S. D.P.
RIVER/ELKS
LODGE:
Consent
Agenda
Resolution
R-162-07
PAGE THREE
084
12/17/07
ORDINANCE ALLOWING FOR CONDITIONAL USE PERMIT TO PERMIT
A CLASS B RESTAURANT WITH CUSTOMER SEATING FOR 20
PERSONS AT 820 ELMHURST ROAD, DES PLAINES, ILLINOIS.
Motion declared carried as approved unanimously under
Consent Agenda.
Moved by Murphy, seconded by Argus, to concur with Staff
recommendation to authorize City to provide Illinois
Department of Transportation (IDOT) with a resolution to
serve as surety bond and permit for repairs to public
utilities (street lights, traffic signals, water mains,
sanitary and storm sewers, etc.) located within State
Right-of-Ways, for the years 2008 and 2009 (previously
approved by the City for a five (5)-year period on April
7, 2003 -Resolution R-38-03); and further recommend to
adopt Resolution R-159-07, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF DES PLAINES, PLEDGING AND
GUARANTEEING THAT ALL CONSTRUCTION, OPERATION AND
MAINTENANCE OF VARIOUS STREET IMPROVEMENTS ON STATE
HIGHWAYS MAINTAINED BY THE CITY ARE PERFORMED IN
ACCORDANCE WITH PERMITS GRANTED BY THE STATE OF ILLINOIS
DEPARTMENT OF TRANSPORTATION. Motion declared carried
as approved unanimously under Consent Agenda.
Moved by Murphy, seconded by Argus, to concur with Staff
recommendation to approve 2006 Consolidated Annual
Performance and Evaluation Report (CAPER) for Community
Development Block Grant (CDBG) Program Year -October 1,
2006 to September 30, 2007; City Clerk be authorized to
submit the report to the U.S. Department of Housing and
Urban Development (HUD) no-later-than December 27, 2007;
and further recommend to adopt Resolution R-160-07, A
RESOLUTION REQUESTING APPROVAL FROM THE CITY OF DES
PLAINES CITY COUNCIL OF THE CONSOLIDATED ANNUAL
PERFORMANCE AND EVALUATION REPORT (CAPER) FOR PROGRAM
YEAR 2006, A REPORT IN CONJUNCTION WITH THE ANNUAL
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. Motion
declared carried as approved unanimously under Consent
Agenda.
Moved by Murphy, seconded by Argus, to concur with Staff
recommendation to authorize purchase of water meters and
repair parts from Badger Meters, Inc., 4545 W. Brown
Deer Road, Milwaukee, WI 53225, on an "as needed" basis
throughout the year at a cost not-to-exceed
$80,000/Budgeted Funds; it would be in the best interest
of the City that usual bid procedures be waived because
Badger Meters, Inc. has provided meters to the City
since 1977 and approximately 95% of the City meters are
Badger; and further recommend to adopt Resolution R-161-
07, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DES
PLAINES TO WAIVE PURCHASING POLICIES AND GUIDELINES TO
PURCHASE WATER METERS AND REPAIR PARTS FROM BADGER
METERS, INC. FOR THE CITY OF DES PLAINES. Motion
declared carried as approved unanimously under Consent
Agenda.
Moved by Murphy, seconded by Argus, to concur with Staff
recommendation that City Manager be authorized to
execute "Land Lease for 520 D.P. River Road" with Des
Plaines Elks Lodge #1526, 495 Lee Street, Des Plaines,
for renewal of Land Lease Agreement (approved by the
City Council on February 5, 2007 -Resolution R-25-07
and renewed on May 7, 2007 -Resolution R-77-07) to
permit temporary parking on property located at 520 s.
Des Plaines River Road, until May 31, 2008; and further
recommend to adopt Resolution R-162-07, A RESOLUTION
AUTHORIZING THE EXECUTION OF A TEMPORARY LAND LEASE
BETWEEN THE CITY OF DES PLAINES AND DES PLAINES ELKS
LODGE #1526 FOR PROPERTY LOCATED AT 520 D.P. RIVER ROAD.
Motion declared carried as approved unanimously under
Consent Agenda.
ALERTS SYS.
AGREEMENT/
POLICE DEPT. :
Consent
Agenda
ORDINANCE
M-71-07
YEAR 2007
TAX LEVY/
SPEC. SVS.
AREA #4:
Consent
Agenda
ORDINANCE
M-72-07
YEAR 2007
TAX LEVY/
SPEC. SVS.
AREA #5:
Consent
Agenda
ORDINANCE
M-73-07
YEAR 2007
TAX LEVY/
SPEC. SVS.
AREA #6:
Consent
Agenda
ORDINANCE
M-74-07
YEAR 2007
TAX LEVY/
SPEC. SVS.
AREA #7:
Consent
Agenda
ORDINANCE
M-75-07
YEAR 2007
TAX LEVY/
SPEC. SVS.
AREA #8:
Consent
Agenda
ORDINANCE
M-76-07
YEAR 2007
TAX LEVY/
SPEC. SVS.
AREA #9:
Consent
Agenda
ORDINANCE
M-77-07
YEAR 2007
TAX LEVY/
SPEC. SVS.
AREA #10:
Consent
Agenda
PAGE FOUR
Moved by Murphy, seconded by Argus, to concur with Staff
recommendation to authorize payment to Illinois Public
Safety Agency Network, 231963 Momentum Place, Chicago,
IL 60689, for ALERTS System for Police Mobile Data
Terminal, January 1, 2008 through July 1, 2008, in the
amount of $10,170/2008 Budget Funds. Motion declared
carried as approved unanimously under Consent Agenda.
Moved by Murphy, seconded by Argus, to adopt Ordinance
M-71-07, 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, 2008 AND ENDING DECEMBER 31, 2008. Motion declared
carried as approved unanimously under Consent Agenda.
Moved by Murphy, seconded by Argus, to adopt Ordinance
M-72-07, 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, 2008 AND ENDING DECEMBER 31, 2008. Motion declared
carried as approved unanimously under Consent Agenda.
Moved by Murphy, seconded by Argus, to adopt Ordinance
M-73-07, 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, 2008
AND ENDING DECEMBER 31, 2008. Motion declared carried
as approved unanimously under Consent Agenda.
Moved by Murphy, seconded by Argus, to adopt Ordinance
M-74-07, AN ORDINANCE LEVYING TAXES FOR SPECIAL SERVICE
AREA NUMBER SEVEN OF THE CITY OF DES PLAINES, COOK
COUNTY, ILLINOIS FOR THE FISCAL YEAR BEGINNING JANUARY
1, 2008 AND ENDING DECEMBER 31, 2008. Motion declared
carried as approved unanimously under Consent Agenda.
Moved by Murphy, seconded by Argus, to adopt Ordinance
M-75-07, AN ORDINANCE LEVYING TAXES FOR SPECIAL SERVICE
AREA NUMBER EIGHT OF THE CITY OF DES PLAINES, COOK
COUNTY, ILLINOIS FOR THE FISCAL YEAR BEGINNING JANUARY
1, 2008 AND ENDING DECEMBER 31, 2008. Motion declared
carried as approved unanimously under Consent Agenda.
Moved by Murphy, seconded by Argus, to adopt Ordinance
M-76-07, AN ORDINANCE LEVYING TAXES FOR SPECIAL SERVICE
AREA NUMBER NINE OF THE CITY OF DES PLAINES, COOK
COUNTY, ILLINOIS FOR THE FISCAL YEAR BEGINNING JANUARY
1, 2008 AND ENDING DECEMBER 31, 2008. Motion declared
carried as approved unanimously under Consent Agenda.
Moved by Murphy, seconded by Argus, to adopt Ordinance
M-77-07, AN ORDINANCE LEVYING TAXES FOR SPECIAL SERVICE
AREA NUMBER TEN OF THE CITY OF DES PLAINES COOK COUNTY,
ILLINOIS FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2008
AND ENDING DECEMBER 31, 2008. Motion declared carried
as approved unanimously under Consent Agenda.
ORDINANCE
M-78-07
ABATEMENT/
YEAR 1996A
GO BONDS:
Consent
Agenda
ORDINANCE
M-79-07
ABATEMENT/
YEAR 1999
GO BONDS:
Consent
Agenda
ORDINANCE
M-80-07
ABATEMENT/
YEAR 2000
GO BONDS:
Consent
Agenda
ORDINANCE
M-81-07
ABATEMENT/
YEAR 2001
GO BONDS:
Consent
Agenda
ORDINANCE
M-82-07
ABATEMENT/
YEAR 2001C
GO BONDS:
Consent
Agenda
ORDINANCE
M-83-07
ABATEMENT/
YEAR 2002A
GO BONDS:
Consent
Agenda
ORDINANCE
M-84-07
ABATEMENT/
YEAR 2003A
& 2003C
GO BONDS:
Consent
Agenda
ORDINANCE
M-85-07
ABATEMENT/
YEAR 2003B
GO BONDS:
Consent
Agenda
ORDINANCE
M-86-07
ABATEMENT/
YEAR 2003D
GO BONDS:
Consent
Agenda
PAGE FIVE
086
12/17/07
Moved by Murphy, seconded by Argus, to adopt Ordinance
M-78-07, ABATEMENT OF THE 2007 TAX LEVY FOR GENERAL
OBLIGATION CORPORATE PURPOSE BONDS SERIES 1996A. Motion
declared carried as approved unanimously under Consent
Agenda.
Moved by Murphy, seconded by Argus, to adopt Ordinance
M-79-07, ABATEMENT OF THE 2007 TAX LEVY FOR THE 1999
GENERAL OBLIGATION CORPORATE PURPOSE BONDS. Motion
declared carried as approved unanimously under Consent
Agenda.
Moved by Murphy, seconded by Argus, to adopt Ordinance
M-80-07, ABATEMENT OF THE 2007 TAX LEVY FOR THE 2000
GENERAL OBLIGATION CORPORATE PURPOSE BONDS. Motion
declared carried as approved unanimously under Consent
Agenda.
Moved by Murphy, seconded by Argus, to adopt Ordinance
M-81-07, ABATEMENT OF THE 2007 TAX LEVY FOR THE 2001
GENERAL OBLIGATION CORPORATE PURPOSE BONDS. Motion
declared carried as approved unanimously under Consent
Agenda.
Moved by Murphy, seconded by Argus, to adopt Ordinance
M-82-07, ABATEMENT OF THE 2007 TAX LEVY FOR THE 2001
GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES
2001C. Motion declared carried as approved unanimously
under Consent Agenda.
Moved by Murphy, seconded by Argus, to adopt Ordinance
M-83-07, ABATEMENT OF THE 2007 TAX LEVY FOR GENERAL
OBLIGATION CORPORATE PURPOSE BONDS SERIES 2002A. Motion
declared carried as approved unanimously under Consent
Agenda.
Moved by Murphy, seconded by Argus, to adopt Ordinance
M-84-07, ABATEMENT OF THE 2007 TAX LEVY FOR THE 2003
GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 2003A
AND SERIES 2003C. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Murphy, seconded by Argus, to adopt Ordinance
M-85-07, ABATEMENT OF THE 2007 TAX LEVY FOR THE 2003
GENERAL OBLIGATION CORPORATE PURPOSE REFUNDING BONDS,
SERIES 2003B. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Murphy, seconded by Argus, to adopt Ordinance
M-86-07, ABATEMENT OF THE 2007 LEVY FOR THE 2003 TAXABLE
GENERAL OBLIGATION REFUNDING BONDS, SERIES 2003D.
Motion declared carried as approved unanimously under
Consent Agenda.
ORDINANCE
M-87-07
ABATEMENT/
YEAR 2004A
& 2004B
GO BONDS:
Consent
Agenda
ORDINANCE
M-88-07
ABATEMENT/
YEAR 2005A,
B & C
GO BONDS:
Consent
Agenda
ORDINANCE
M-89-07
ABATEMENT/
YEAR 2005E,
F & G
GO BONDS:
Consent
Agenda
ORDINANCE
M-90-07
ABATEMENT/
YEAR 2005D
GO BONDS:
Consent
Agenda
ORDINANCE
M-91-07
ABATEMENT/
YEAR 2007A
& B
GO BONDS:
Consent
Agenda
APPPOINTMENT:
ORDINANCE
Z-30-07
CONDIT. USE/
820
ELMHURST:
WARRANT
REGISTER:
PAGE SIX
087
12 /17/07
Moved by Murphy, seconded by Argus, to adopt Ordinance
M-87-07, ABATEMENT OF THE 2007 TAX LEVY FOR THE 2004
GENERAL OBLIGATION BONDS, SERIES 2004A AND SERIES 2004B.
Motion declared carried as approved unanimously under
Consent Agenda.
Moved by Murphy seconded by Argus, to adopt Ordinance
M-88-07, ABATEMENT OF THE 2007 TAX LEVY FOR THE 2005
GENERAL OBLIGATION BONDS, SERIES 2005A, SERIES 2005B AND
SERIES 2005C. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Murphy, seconded by Argus, to adopt Ordinance
M-89-07, ABATEMENT OF THE 2007 TAX LEVY FOR THE 2005
GENERAL OBLIGATION BONDS, SERIES 2005E, SERIES 2005F AND
SERIES 2005G. Motion declared carried as approved
unanimously under Consent Agenda.
Moved by Murphy, seconded by Argus, to adopt Ordinance
M-90-07, ABATEMENT OF THE 2007 TAX LEVY FOR THE 2005
TAXABLE GENERAL OBLIGATION REFUNDING BONDS, SERIES
2005D. Motion declared carried as approved unanimously
under Consent Agenda.
Moved by Murphy, seconded by Argus, to adopt Ordinance
M-91-07, ABATEMENT OF THE 2007 TAX LEVY FOR THE 2007
GENERAL OBLIGATION CORPORATE PURPOSE BONDS REFUNDING
BONDS, SERIES 2007A AND SERIES 2007B. Motion declared
carried as approved unanimously under Consent Agenda.
Being presented for consideration (no action required)
was Mayoral appointment to the bRCHITECTURAL COMMISSION
of Peter Vadopalas, replacing George Prosiliakos (final
action on this matter under Consent Agenda on January 7,
2008).
Moved by Argus, seconded by Brookman, to advance to
Second Reading and adopt Ordinance Z-30-07, AN ORDINANCE
ALLOWING FOR A CONDITIONAL USE PERMIT TO PERMIT A CLASS
B RESTAURANT WITH CUSTOMER SEATING FOR 20 PERSONS AT 820
ELMHURST ROAD, DES PLAINES, ILLINOIS (Case 07-75-CU).
Upon roll call, the vote was:
AYES: 8-Beauvais, Moylan, Murphy, Higgason,
Brookman, Walsten, Smith, Argus
NAYS: 0-None
ABSENT: 0-None
Motion declared carried.
MAYOR ARREDIA DECLARED THAT THE CITY COUNCIL WAS NOW
RESOLVED INTO A COMMITTEE OF THE WHOLE
FINANCE & ADMINISTRATION Alderman Smith, Chair
Moved by Beauvais, seconded by Brookman, to recormnend to
the City Council approval of the December 17, 2007 -
Warrant Register, in the total amount of $12,701,459.27 ,
and further recormnend that Resolution R-163-07 be
adopted at appropriate time this evening. Moti~
declared carried. ~,.
CONSUMER
PROTECTION
COMMISSION
CODE
CHANGES:
ADMINISTRA.
HEARINGS CODE
CHANGES:
ORDINANCE
M-92-07
2007 TAX
LEVY:
PAGE SEVEN
LEGAL & LICENSING -Alderman Brookman, Chair
088 12/17/07
Alderman Brookman reviewed a request from Staff and the
Consumer Protection Commission members that contested
hearings be conducted in the Administrative Hearing
Program; the Consumer Protection Commission would still
have the authority to issue subpoenas and conduct fact-
finding investigations regarding violations of their
ordinance; also requested was a clarification of the
type of members who would be asked to serve, i.e.
representatives of business, of a local community
organization, a housewife.
Assistant City Attorney Bartel addressed the Committee
of the Whole and answered questions from the aldermen.
Alderman Murphy requested that a better description for
housewife be used and also a clarification of the type
of local community organization, i.e. not-for-profit.
Moved by Beauvais, seconded by Higgason, to concur with
Staff recommendation and recommend to the City Council
that the Consumer Protection Commission ordinance be
amended to permit the administrative hearings officer in
the City's Administrative Hearings Program to conduct
contested hearings regarding violations of the Consumer
Protection Commission ordinance; clarify types of
Commission members; and Ordinance M-100-07 -As Amended
be placed on First Reading at appropriate time this
evening. Motion declared carried.
Alderman Brookman stated that amendments to the City's
Administrative Hearing Program ordinance need to be made
to reflect the changes just made to the Consumer
Protection Commission ordinance, and other housekeeping
matters, i.e. list various Illinois Complied Statutes
which grant authority to the City, specify personnel in
each department authorized to issue administrative
hearing citations and the City Code sections they are
empowered to enforce.
Moved by Beauvais, seconded by Higgason, to concur with
Staff recommendation and recommend to the City Council
that the Administrative Hearings Program ordinance be
amended to include various housekeeping changes; the
addition that contested hearings of the Consumer
Protection Commission be conducted by the Administrative
Hearings Program; and Ordinance M-101-07 be placed on
First Reading at appropriate time this evening. Motion
declared carried.
MAYOR ARREDIA ASSUMED THE CHAIR AND DECLARED THE CITY
COUNCIL BACK IN SESSION
Moved by Moylan, seconded by Smith, to adopt Ordinance
M-92-07, AN ORDINANCE LEVYING TAXES FOR THE CITY OF DES
PLAINES, COOK COUNTY, ILLINOIS FOR THE FISCAL YEAR
BEGINNING JANUARY 1, 2008 AND ENDING DECEMBER 31, 2008.
Upon roll call, the vote was:
AYES: 5-Beauvais, Moylan, Higgason, Smith, Arredia
NAYS: 4-Murphy, Brookman, Walsten, Argus
ABSENT: 0-None
Motion declared carried.
ORDINANCE
M-93-07
2008
SALARY
SCHEDULES:
ORDINANCE
M-94-07
SANITARY
SEWER FEE:
ORDINANCE
M-95-07
TELECOMMUNIC.
TAX:
ORDINANCE
M-96-07
HOTEL-MOTEL
OPERATOR'S
OCCUPATION
TAX:
PAGE EIGHT
089 12/17/07
Moved by Moylan, seconded by Higgason, to adopt
Ordinance M-93-07, AN ORDINANCE AMENDING THE SALARY
SCHEDULES OF THE CITY'S COMPENSATION PLAN AS SCHEDULE I,
"PUBLIC SAFETY PERSONNEL -FIRE/UNION," SCHEDULE III,
"PUBLIC SAFETY SUPERVISORY PERSONNEL-EMERGENCY
COMMUNICATIONS/NON-UNION," SCHEDULE IV-A, "CLERICAL,
ACCOUNTING & MISCELLANEOUS PERSONNEL/UNION," SCHEDULE
IV-B, "CLERICAL, ACCOUNTING & MISCELLANEOUS
PERSONNEL/NON-UNION," SCHEDULE V-A, "TECHNICAL,
ENGINEERING AND INSPECTION PERSONNEL/UNION," SCHEDULE V-
B, "TECHNICAL, ENGINEERING AND INSPECTION PERSONNEL/NON-
UNION," SCHEDULE VI, "PUBLIC WORKS PERSONNEL/UNION,"
SCHEDULE VII-A, "MANAGEME-NT PERSONNEL/NON-UNION," AND
SCHEDULE VII-B, "MANAGEMENT PERSONNEL/NON-UNION," OF
SECTION 1-8-4 "CLASSIFICATION PLAN TO THE CITY SERVICE,"
OF CHAPTER 8, TITLE I, OF THE CITY CODE OF DES PLAINES,
TO REFLECT THE ADOPTION OF THE COMPENSATION PLAN,
EFFECTIVE JANUARY 1, 2008 TO DECEMBER 31, 2008. Upon
roll call, the vote was:
AYES: 5-Beauvais, Moylan, Higgason, Walsten, Smith
NAYS: 3-Murphy, Brookman, Argus
ABSENT: 0-None
Motion declared carried.
Moved by Beauvais, seconded by Moylan, to adopt
Ordinance M-94-07, AN ORDINANCE AMENDING TITLE 9,
"PUBLIC UTILITIES," CHAPTER 2, "SEWER SYSTEM
REGULATIONS," BY ADDING SECTION 3, "SANITARY SEWER FEE,"
TO THE DES PLAINES CITY CODE.
Alderman Murphy stated that she wanted Staff to revisit
the expenditures thro~gh the budget cycle; she is
totally opposed to this fee; we don't need to impose
this fee; we could have looked at other possibilities.
Alderman Argus stated that she agrees; we should have
cut everything by 10%.
Alderman Brookman stated that there are some legitimate
needs, i.e. police station and fire station, but she
will be voting against this; this will be costing the
taxpayers over $4 million in additional taxes.
Upon roll call, the vote was:
AYES: 5-Beauvais, Moylan, Higgason, Smith, Arredia
NAYS: 4-Murphy, Brookman, Walsten, Argus
ABSENT: 0-None
Motion declared carried.
Moved by Smith, seconded by Moylan, to adopt Ordinance
M-95-07, AN ORDINANCE AMENDING TITLE 4, "BUSINESS
REGULATIONS," CHAPTER 3, "MUNICIPAL OCCUPATION TAXES,"
ARTICLE I., "MUNICIPAL TELECOMMUNICATIONS TAX" SECTION
2, "TAX IMPOSED" OF THE DES PLAINES CITY CODE. Upon
roll call, the vote was:
AYES: 5-Beauvais, Moylan, Higgason, Walsten, Smith
NAYS: 3-Murphy, Brookman, Argus
ABSENT: 0-None
Motion declared carried.
Moved by Higgason, seconded by Murphy, to adopt
Ordinance M-96-07, AN ORDINANCE AMENDING TITLE 4,
"BUSINESS REGULATIONS" CHAPTER 3, "MUNICIPAL OCCUPATION
TAXES" ARTICLE D., "HOTEL-MOTEL OPERATOR'S OCCUPATION
TAX" SECTION 3, "RATE; EXEMPTION" OF THE DES PLAINES
CITY CODE. Upon roll call, the vote was:
AYES: 8-Beauvais, Moylan, Murphy, Higason,
Brookman, Walsten, Smith, Argus
NAYS: 0-None
ABSENT: 0-None
Motion declared carried.
ORDINANCE
M-97-07
GENERAL FUND
BALANCE:
WARRANT
REGISTER:
Resolution
R-163-07
CONSUMER
PROTECTION
COMMISSION
CODE
CHANGES:
Ordinance
M-100-07
ADMINISTRA.
HEARINGS CODE
CHANGES:
Ordinance
M-101-07
POSITION
RECLASSIFIC./
PUBLIC WORKS
DEPARTMENT:
PAGE NINE
090 12/17/07
Moved by Higgason, seconded by Moylan, to adopt
Ordinance M-97-07, AN ORDINANCE AMENDING TITLE 3,
"MUNICIPAL DEPARTMENTS," CHAPTER 4, "DEPARTMENT OF
FINANCE AND ADMINISTRATIVE SERVICES," SECTION 3,
"APPROPRIATIONS" OF THE DES PLAINES CITY CODE. Upon
roll call, the vote was:
AYES: 5-Beauvais, Moylan, Higgason, Smith, Arredia
NAYS: 4-Murphy, Brookman, Walsten, Argus
ABSENT: 0-None
Motion declared carried.
Moved by Smith, seconded by Higgason, to concur with
recommendation of Committee of the Whole to adopt
Resolution R-163-07, 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:
$12,701,459.27. Upon roll call, the vote was:
AYES: 8-Beauvias, Moylan, Murphy, Higgason,
Brookman, Walsten, Smith, Argus
NAYS: 0-None
ABSENT: 0-None
Motion declared carried.
Moved by Brookman, seconded by Higgason, to concur with
recommendation of Committee of the Whole that the
Consumer Protection Commission ordinance be amended to
permit the administrative hearings officer in the City's
Administrative Hearings Program to conduct contested
hearings regarding violations of the Consumer Protection
Commission ordinance; clarify types of Commission
members; and further recommend to place on First Reading
Ordinance M-100-07 -As Amended, AN ORDINANCE AMENDING
TITLE 2, "BOARDS AND COMMISSIONS," CHAPTER 11 "CONSUMER
PROTECTION COMMISSION," OF THE CITY OF DES PLAINES CITY
CODE. Motion declared carried.
Moved by Brookman, seconded by Higgason, to concur with
recommendation of Committee of the Whole that the
Administrative Hearings Program ordinance be amended to
include various housekeeping changes; the addition that
contested hearings of the Consumer Protection Commission
be conducted by the Administrative Hearings Program; and
further recommend to place on First Reading Ordinance
M-101-07. Motion declared carried.
Moved by Moylan, seconded by Beauvais, to advance to
Second Reading and adopt Ordinance M-101-07, AN
ORDINANCE AMENDING TITLE 3, "MUNICIPAL DEPARTMENTS,"
CHAPTER 3, "LEGAL DEPARTMENT I" ARTICLE A. I
"ADMINISTRATIVE HEARINGS PROGRAM" OF THE DES PLAINES
CITY CODE. Upon roll call, the vote was:
AYES: 8-Beauvais, Moylan, Murphy, Higgason,
Brookman, Walsten, Smith, Argus
NAYS: 0-None
ABSENT: 0-None
Motion declared carried.
Moved by Moylan, seconded by Murphy, to suspend Rule 33
of the City Code to permit discussion on the deletion of
the classification of Environmental Services Coordinator
and the addition of classification of Assistant to the
Director of Public Works at a subsequent City Council
meeting (previous motion and Ordinance M-66-07 was
declared failed on November 19, 2007). Motion declared
carried.
Moved by Beauvais, seconded by Murphy, that the matter
of position classifications for the Public Works
Department be discussed under Committee of the Whole on
January 22, 2008. Motion declared carried.
ADJOURNMENT:
PAGE TEN
091
12/17/07
Moved by Beauvais, seconded by Moylan, that the regular
meeting of the City Council adjourn. Motion declared
carried. Meeting adjourned at 7:54 p.m.
~~@Wik
Donna McAllister, MMC CITY CLERK
APPROVED BY ME THIS Cf
DAY OF