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12-01-2008MINUTES 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 1, 2008 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 7:00 p.m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Monday, December 1, 2008. ROLL CALL: Roll call indicated the Beauvais, Moylan, Murphy, Smith and Argus. following Higgason, aldermen present: Brookman, Walsten, Also present were: City Manager Bajor, Assistant City Manager Slowinski, Acting Director of Finance Wisniewski, Police Chief Prandini, Fire Chief Jaeger, Director of Engineering Oakley, Director of Public Works Dusckett, Director of Community & Economic Development Conlan, Director of Information Technology Duebner and City Attorney Wiltse. PRAYER: PROCLAMATION: CITIZEN PARTICIPA. : CONSENT AGENDA: MINUTES: Consent Agenda YEAR 2008 TAX LEVY/ SPECIAL SVS. AREA #4: Consent Agenda Ord. M-44-08 The opening prayer was given by Reverend Scott Ziegler, Des Plaines Bible Church, followed by the Pledge of Allegiance to the Flag. Mayor Arredia read a proclamation declaring the month of December, 2008 as Drunk and Drugged Driving Prevention Month and urged citizens to support programs and policies to reduce the incidence of impaired driving and to promote safer and healthier behaviors regarding the use of alcohol and other drugs. Mr. Wayne Serbin, 835 Pearson Street, addressed the City Council stating that New York did not have an opportunity to vote on term limits as we did here; the Mayor of Evanston is 90 years old and a remarkable woman. Moved by Murphy, seconded by Argus, to establish a Consent Agenda. Motion declared carried. Moved by Murphy, seconded by Brookman, 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; Ordinance M-42-08 was adopted; Ordinances M-44-08, M-45-08, M-46- 08, M-4 7-08, M-4 8-08, M-4 9-08, M-21-07, M-50-08, M-51-08, M-52-08, M-53-08, M-54-08, M-55-08, M-56-08, M-57-08, M-58-08, M-59-08, M-60-08, M-61-08, M-62-08, M-64-08, M-65-08, M-66-08, M-67-08 and M-68-08 were placed on First Reading; and Resolutions R-155-08 and R-156-08 were adopted. Moved by Murphy, seconded by Brookman, to approve minutes of the regular meeting of the City Council held November 17, 2008, as published. Motion declared carried as approved unanimously under Consent Agenda. Moved by Murphy, seconded by Brookman, to concur with Staff recommendation to approve Year 2008 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; and further recommend to place on First Reading Ordinance M-44-08, AN ORDINANCE LEVYING TAXES FOR SPECIAL SERVICE AREA NUMBER FOUR OF T~ CITY OF DES PLAINES, COOK COUNTY, ILLINOIS, FOR THE 'Y' AREA #4 (Cont'd.) YEAR 2008 TAX LEVY/ SPECIAL SVS. AREA #5: Consent Agenda Ordinance M-45-08 YEAR 2008 TAX LEVY/ SPECIAL SVS. AREA #6: Consent Agenda Ordinance M-46-08 YEAR 2008 TAX LEVY/ SPECIAL SVS. AREA #7: Consent Agenda Ordinance M-47-08 YEAR 2008 TAX LEVY/ SPECIAL SVS. AREA #8: Consent Agenda Ordinance M-48-08 YEAR 2008 TAX LEVY/ SPECIAL SVS. AREA #9: Consent Agenda Ordinance M-49-08 CORRECT LEGAL DESCRIPTION/ SPECIAL SVS. AREA #10: Consent Agenda Ordinance M-21-07 as corrected 12/1/08 PAGE TWO FISCAL YEAR BEGINNING JANUARY 1, 2009 AND ENDING DECEMBER 31, 2009. Motion declared carried as approved unanimously under Consent Agenda. Moved by Murphy, seconded by Brookman, to concur with Staff recommendation to approve Year 2008 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-45-08, 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, 2009 AND ENDING DECEMBER 31, 2009. Motion declared carried as approved unanimously under Consent Agenda. Moved by Murphy, seconded by Brookman, to concur with Staff recommendation to approve Year 2008 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-46-08, 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, 2009 AND ENDING DECEMBER 31, 2009. Motion declared carried as approved unanimously under Consent Agenda. Moved by Murphy, seconded by Brookman, to concur with Staff recommendation to approve Year 2008 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-47-08, 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, 2009 AND ENDING DECEMBER 31, 2009. Motion declared carried as approved unanimously under Consent Agenda. Moved by Murphy, seconded by Brookman, to concur with Staff recommendation to approve Year 2008 Tax Levy for Special Service Area Number Eight (Crabtree Lane Curbs & Gutters) in the amount of $4, 200, as provided in Ordinance M-19-06; and further recommend to place on First Reading Ordinance M-48-08, 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, 2009 AND ENDING DECEMBER 31, 2009. Motion declared carried as approved unanimously under Consent Agenda. Moved by Murphy, seconded by Brookman, to concur with Staff recommendation to approve Year 2008 Tax Levy for Special Service Area Number Nine (624-640 W. Algonquin Road Parking Lot Improvements) in the amount of $2,315, as provided in Ordinance M-20-07; and further recommend to place on First Reading Ordinance M-49-08, 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, 2009 AND ENDING DECEMBER 31, 2009. Motion declared carried as approved unanimously under Consent Agenda. Moved by Murphy, seconded by Brookman, to concur with Staff recommendation that as required by Cook County, reapprove Ordinance M-21-07 (originally approved on May 7, 2007) establishing Special Service Area Number Ten (642-658 W. Algonquin Road Parking Lot Improvements), to correct the legal description by adding the phase "of the East 589-95 feet" and rerecord the corrected ordinance prior to the adoption of the Special Service Area Number Ten Tax Levy Ordinance M-50-08; and further recommend to place on First Reading Ordinance M-21-07 -As Corrected, AN ORDINANCE PROPOSING THE ESTABLISHMENT OF SPECIAL ===========================S=E=R~V-I_C_E __ AR __ E_A __ N_UM __ B_E_R __ T~E=N==IN THE CITY OF DES PLAINES,~ AREA #10 (Cont'd.) YEAR 2008 TAX LEVY/ SPECIAL SVS. AREA #10: Consent Agenda Ordinance M-50-08 ABATEMENT/ YEAR 1999 GO BONDS: Consent Agenda Ordinance M-51-08 ABATEMENT/ YEAR 2001 GO BONDS: Consent Agenda Ordinance M-52-08 ABATEMENT/ YEAR 2002A GO BONDS: Consent Agenda Ordinance M-53-08 ABATEMENT/ YEAR 2003A & 2003C GO BONDS: Consent Agenda Ordinance M-54-08 ABATEMENT/ YEAR 2003D GO BONDS: Consent Agenda Ordinance M-55-08 ABATEMENT/ YEAR 2004A & YEAR 2004B GO BONDS: Consent Agenda Ordinance M-56-08 12/1/08 PAGE THREE ILLINOIS ( 641-658 WEST ALGONQUIN ROAD PARKING LOT) . Motion declared carried as approved unanimously under Consent Agenda. Moved by Murphy, seconded by Brookman, to concur with Staff recommendation to approve Year 2008 Tax Levy for Special Service Area Number Ten (642-658 W. Algonquin Road Parking Lot Improvements) in the amount of $2,936, as provided in Ordinance M-21-07 -As Corrected; and further recommend to place on First Reading Ordinance M-50-08, 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, 2009 AND ENDING DECEMBER 31, 2009. Motion declared carried as approved unanimously under Consent Agenda. Moved by Murphy, seconded by Brookman, to concur with Staff recommendation to authorize abatement of Year 1999 General Obligation Corporate Purpose Bonds in the amount of $ 913, 323. 7 6, as provided in Ordinance M-6-99; and further recommend to place on First Reading Ordinance M-51-08, ABATEMENT OF THE 2008 TAX LEVY FOR THE 1999 GENERAL OBLIGATION CORPORATE PURPOSE BONDS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Murphy, seconded by Brookman, to concur with Staff recommendation to authorize abatement of Year 2001' General Obligation Corporate Purpose Bonds in the amount of $222,962.50 of the $320,875 levy, as provided in Ordinance M-30-01; and further recommend to place on First Reading Ordinance M-52-08, ABATEMENT OF THE 2008 TAX LEVY FOR THE 2001 GENERAL OBLIGATION CORPORATE PURPOSE BONDS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Murphy, seconded by Brookman, to concur with Staff recommendation to authorize abatement of Year 2002A General Obligation Corporate Purpose Bonds in the amount of $181, 698. 82 of the $1, 131, 375 levy, as provided in Ordinance M-28-02; and further recommend to place on First Reading Ordinance M-53-08, ABATEMENT OF THE 2008 TAX LEVY FOR GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 2002A. Motion declared carried as approved unanimously under Consent Agenda. Moved by Murphy, 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 $54 7, 2 95 of the $ 64 7, 665 levy, as provided in Ordinance M-43-02; and further recommend to place on First Reading Ordinance M-54-08, ABATEMENT OF THE 2008 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 Brookman, to concur with Staff recommendation to authorize abatement of Year 2003D General Obligation Corporate Purpose Bonds in the amount of $1, 018, 740, as provided in Ordinance M-58-03; and further recommend to place on First Reading Ordinance M-55-08, ABATEMENT OF THE 2008 TAX LEVY FOR THE 2003 TAXABLE GENERAL OBLIGATION REFUNDING BONDS, SERIES 2003D. Motion declared carried as approved unanimously under Consent Agenda. Moved by Murphy, seconded by Brookman, to concur with Staff recommendation to authorize abatement of Year 2004A and Year 2004B General Obligation Corporate Purpose Bonds, in the entire amount of $743, 343. 76 for Series 2004A and $936, 245 for Series 2004B, as provided in Ordinance M-2 9-04; and further recommend to place on First Reading Ordinance M-56-08, ABATEMENT OF THE 20~ M-56-08 (Cont'd.) ABATEMENT/ YEAR 2005A, B & C GO BONDS: Consent Agenda Ordinance M-57-08 ABATEMENT/ YEAR 2005E, F & G GO BONDS: Consent Agenda Ordinance M-58-08 ABATEMENT/ YEAR 2005D GO BONDS: Consent Agenda Ordinance M-59-08 ABATEMENT/ YEAR 2007A & YEAR 2007B GO BONDS: Consent Agenda Ordinance M-60-08 ABATEMENT/ YEAR 2008A GO BONDS: Consent Agenda Ordinance M-61-08 TIF TIME EXTEN. / REVENUES: Consent Agenda Ordinances M-62-08 M-64-08 M-65-08 M-66-08 M-67-08 12/1/08 PAGE FOUR 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 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 $524,487.50 for Series 2005A, $283,100 for Series 2005B and $401,387.50 for Series 2005C, as provided in Ordinance M-70-04; and further recommend to place on First Reading Ordinance M-57-08, ABATEMENT OF THE 2008 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 Brookman, to concur with Staff recommendation to authorize abatement for Year 2005E, Year 2005F and Year 2005G General Obligation Corporate Purpose Bonds in the amount of $936,850.02 for Series 2005E, $503,975 for Series 2005F and $46,375 for Series 2005G, as provided in Ordinance M-20-05; and further recommend to place on First Reading Ordinance M-58-08, ABATEMENT OF THE 2008 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 Brookman, to concur with Staff recommendation to authorize abatement of Year 2005D General Obligation Corporate Purpose Bonds in the amount of $1,702,910, as provided in Ordinance M-92-04 (which authorized refunding of the 1998 GO Bonds); and further recommend to place on First Reading Ordinance N-59-08, ABATEMENT OF THE 2008 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 Brookman, to concur with Staff recommendation to authorize abatement of Year 2007A and Year 2007B General Obligation Corporate Purpose Bonds in the amount of $564,960 for Series 2007A (which authorized refunding of 2000 and 2001 GO Bonds), and $67,480 for Series 2007B (which authorized refunding of 2001B GO Bonds), as provided by Ordinance M-60-07; and further recommend to place on First Reading Ordinance M-60-08, ABATEMENT OF THE 2008 TAX LEVY FOR THE 2007 GENERAL OBLIGATION BONDS REFUNDING BONDS, SERIES 2007A AND SERIES 2007B. Motion declared carried as approved unanimously under Consent Agenda. Moved by Murphy, seconded by Brookman, to concur with Staff recommendation to authorize abatement of Year 2008A General Obligation Corporate Purpose Bonds in the amount of $310, 295, as provided in Ordinance M-8-08 (which authorized refunding of 2001C GO Bonds) ; and further recommend to place on First Reading Ordinance M-61-08, ABATEMENT OF THE 2008 TAX LEVY FOR THE 2008 GENERAL OBLIGATION BONDS REFUNDING BONDS, SERIES 2008A. Motion declared carried as approved unanimously under Consent Agenda. Moved by Murphy, seconded by Brookman, to concur with Staff recommendation to approve amendment to Redevelopment Plan for TIF District #1, #3, #4, #5, and #6 to extend term for use of incremental revenues through the year such revenues are received (as allowed by State Statutes) as follows: TIF District #1 -from 35th year to 36th year; and TIF District #3, #4, #5 and #6 from the 2 3rct year to the 24th year; and further recommend to place on First Reading: Ordinance M-62-08, AN ORDINANCE APPROVING AN AMENDMENT TO THE REDEVELOPMENT PLAN AND PROJECT FOR THE CITY OF DES PLAINES, ILLINOIS, DOWNTOWN TAX INCREMENT REDEVELOPMENT AND PROJECT, APRIL 1985 (TIF #1); ~ TIF DISTRICTS (Cont'd.) FLOOD CONTROL AMENDMENT/ HISTORIC STRUCTURES: Consent Agenda Ordinance M-68-08 VEH. ENFORCE. AGREEMENT/ 1301 ASHLAND: Consent Agenda Resolution R-155-08 FIRE DEPT. PHYSICALS/ ALEX IAN BROTHERS: Consent Agenda Resolution R-156-08 BID REJECT. & READVERT. / MULTI- PURPOSE UTIL. MACHINE: Consent Agenda 12/1/08 PAGE FIVE Ordinance M-64-08, AN ORDINANCE APPROVING AN AMENDMENT TO THE REDEVELOPMENT PLAN AND PROJECT FOR THE CITY OF DES PLAINES ILLINOIS, TAX INCREMENT REDEVELOPMENT PLAN AND PROJECT, NO. 3 (WILLE ROAD/MOUNT PROSPECT ROAD -TIF #3); Ordinance M-65-08, AN ORDINANCE APPROVING AN AMENDMENT TO THE REDEVELOPMENT PLAN AND PROJECT FOR THE CITY OF DES PLAINES, ILLINOIS, TAX INCREMENT REDEVELOPMENT PLAN AND PROJECT FOR THE FIVE CORNERS PROJECT AREA (TIF #4); Ordinance M-66-08, AN ORDINANCE APPROVING AN AMENDMENT TO THE REDEVELOPMENT PLAN AND PROJECT FOR THE CITY OF DES PLAINES, ILLINOIS, TAX INCREMENT REDEVELOPMENT PLAN AND PROJECT, NO. 5 (LEE STREET/PERRY STREET -TIF #5); Ordinance M-67-08, AN ORDINANCE APPROVING AN AMENDMENT TO THE REDEVELOPMENT PLAN AND PROJECT FOR THE CITY OF DES PLAINES, ILLINOIS, TAX INCREMENT REDEVELOPMENT PLAN AND PROJECT FOR THE MANNHEIM/HIGGINS REDEVELOPMENT PROJECT AREA (TI F #6) . Motion declared carried as approved unanimously under Consent Agenda. Moved by Murphy, seconded by Brookman, to concur with Staff recommendation to amend Title 14 -Flood Control, Section 14-1-2 of the City Code regarding historic structures to strike Subsection 14-1-2.B.2 -Exemption Alternative, and amend Section 14-1-11.C -Variation Alternative regarding the repair or rehabilitation of historic structures to preserve its historic character and design in order to comply with National Flood Insurance Program; and further recommend to place on First Reading Ordinance M-68-08, AN ORDINANCE AMENDING THE DEFINITION OF "SUBSTANTIAL IMPROVEMENT" IN SECTION 2, "DEFINITIONS," AND SECTION 11, "VARIANCES," IN TITLE 14, "FLOOD CONTROL," OF THE DES PLAINES CITY CODE. Motion declared carried as approved unanimously under Consent Agenda. Moved by Murphy, seconded by Brookman, to concur with Staff recommendation to authorize City Manager and City Clerk to execute "Agreement for Enforcement of Municipal Ordinances on Private Property" for police, traffic and parking enforcement for property located at 1301 Ashland Avenue (Cook County Housing Authority); and further recommend to adopt Resolution R-155-08, A RESOLlITION AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR ENFORCEMENT OF MUNICIPAL ORDINANCES ON PRIVATE PROPERTY BETWEEN THE CITY OF DES PLAINES AND THE COOK COUNTY HOUSING AUTHORITY FOR PROPERTY LOCATED AT 1301 ASHLAND AVENUE, DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Murphy, seconded by Brookman, to concur with Staff recommendation to accept proposal from Alexian Brothers Corporate Health Services, 1060 S. Elmhurst Road, Mt. Prospect, IL 60056, to provide Fire Department physicals for the period January 1, 2009 to December 31, 2011, in the amount not-to-exceed $41,000 per year /Budgeted Funds; and further recommend to adopt Resolution R-156-08, A RESOLUTION AUTHORIZING THE ACCEPTANCE OF A PROPOSAL FROM ALEXIAN BROTHERS OCCUPATIONAL HEALTH SERVICES TO PERFORM ANNUAL PHYSICAL EXAMINATIONS FOR THE DES PLAINES FIRE DEPARTMENT. Motion declared carried as approved unanimously under Consent Agenda. Moved by Murphy, seconded by Brookman, to concur with Staff recommendation to reject single bid received for Purchase of Multi-Purpose Utility Machine and authorize City Clerk to readvertise, returnable by 3: 00 p .m., Wednesday, December 17, 2008. Motion declared carried as approved unanimously under Consent Agenda. ORDINANCE M-42-08 LIQ. LIC./ 562 E. ALGONQUIN: Consent Agenda ORDINANCE M-21-07 AS CORRECTED SPECIAL SVS. AREA #10: WARRANT REGISTER: PROPOSED 2009 BUDGET: 12/1/08 PAGE SIX Moved by Murphy, seconded by Brookman, to adopt Ordinance M-42-08, AN ORDINANCE AMENDING TITLE 4, "BUSINESS REGULATIONS, /1 CHAPTER 4, "INTOXICATING LIQUORS," SECTION 5, "LICENSE FEES AND NUMBER, /1 OF THE DES PLAINES CITY CODE TO ADD ONE CLASS B LIQUOR LICENSE FOR MEX LIQUORS, LLC D/B/A MEX LIQUORS LOCATED AT 562 E. ALGONQUIN ROAD, DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Smith, seconded by Murphy, to advance to Second Reading and adopt Ordinance M-21-07 -As Corrected, AN ORDINANCE PROPOSING THE ESTABLISHMENT OF SPECIAL SERVICE AREA NUMBER TEN IN THE CITY OF DES PLAINES, ILLINOIS (642-658 WEST ALGONQUIN ROAD PARKING LOT). 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 Brookman, seconded by Higgason, to recommend to the City Council approval of the December 1, 2008 - Warrant Register, in the total amount of $3,914,090.66, and further recommend that Resolution R-158-08 be adopted at appropriate time this evening. Motion declared carried. Alderman Smith reviewed the Final Draft of the Proposed 2009 Budget which contains a considerable reduction in expenditures, while significantly reducing the level of revenue increases; the objectives achieved are the continuation of all existing City services, the replacement of essential equipment vehicles, the continuation of scheduled City infrastructure construction projects and the continuation of the Police Station construction project. Alderman Smith reviewed a list of significant expenditure reductions from the General Fund, the Building Replacement Fund and the Equipment Replacement Fund; however, the projected unreserved fund balance will be 9.4% which is 15.6% below the 25% recommended funding level; the proposed 1% Property Tax increase is allocated entirely toward the Police and Fire Pension Funds. Moved by Moylan, seconded by Brookman, to recommend to the City Council to amend the Proposed 2009 Budget to restore funding to the Des Plaines Community Senior Center in the amount of $40,000. Alderman Murphy asked how that funding would be paid for. City Manager Bajor said from the General Fund Reserve, which would reduce the General Fund balance to approximately 9.36%. Alderman Brookman stated that it is in the long term interest of the City to fund the Senior Center; it gives our seniors socialization and a meal program; other communities fund their senior centers at a much higher rate. Alderman Beauvais asked if there will Intergovernmental Agreement with the Senior Alderman Smith said yes, if that is necessary, would come back to the City for approval. be an Center. and ~ 2009 BUDGET (Cont'd.) 12/1 /08 PAGE SEVEN Alderman Murphy stated that she thinks the City should set up a system to fund the Senior Center; she would suggest that we should do that. Alderman Murphy asked if the Senior Center provided the information that was requested at their last meeting. Mrs. Sharon Smith, Executive Director, Des Plaines Community Senior Center, addressed the Committee of t he Whole stating that a breakdown and overview o f the information that was requested last Tuesday was provided to the aldermen; it has now been updated. Mrs. Smith briefly reviewed the services they provide to seniors. Mr. Mike Pesola, 300 S. Cumberland Parkway, addressed the Committee of the Whole stating that he is concerned that we have to reduce our salt but now we are going to fund the Senior Center; the sidewalks are not even being cleared; when are we going to get basic services done before we hand out money. Mr. Eric Suevel, 1369 Dennis Place, addressed the Committee of the Whole stating that the City should give the $40,000 to the Senior Center; it will really be a great opportunity for the seniors. Upon roll call, the vote was: AYES: 6-Beauvais, Moylan, Murphy, Brookman, Walsten, Argus NAYS: 0-None ABSENT: 0-None ABSTAIN:2-Higgason, Smith (conflict of interest) MOTION DECLARED CARRIED. Moved by Walsten, seconded by Moylan, to recommend to the City Council that the City purchase two (2) Honda CNG (Compressed Natural Gas) vehicles instead of two (2) Ford Focus vehicles as proposed in the 2009 Budget. MOTION DECLARED CARRIED. Alderman Brookman stated that she strongly supports some of the cuts in the Proposed 2009 Budget, but some employees will be losing their jobs; it will be very hard for them; there are very few jobs out there; how will they put food on the table; the City could operate more efficiently; we are doing nothing to reduce our pension obligations; she is totally opposed to laying off these people; we have to find other ways to fund this. Alderman Murphy stated that she has spoken to many of the Unions; they would like to be part of the decision making; has Staff met with the Unions? City Manager Baj or stated that this is a management right regarding lay offs; we will sit down with the Unions regarding the effect of these lay offs; if the Unions have any ideas, he would be happy to hear them; if the City had a relatively healthy fund reserve, we would try to ride this out but we have some structural problems. Moved by Murphy, seconded by Brookman, to recommend to the City Council to POSTPONE further discussion on the proposed personnel cuts in the approximate amount of $985,000 in the Proposed 2009 Budget until Staff meets with the Unions. Moved by Beauvais, seconded by Brookman, to adopt a substitute motion and recommend to the City Council to POSTPONE until January 5, 2009 further discussion on the proposed personnel cuts in the approximate amount of $985,000 in the Proposed 2009 Budget until Staff meets with the Unions. 2009 BUDGET (Cont'd.) 12 /1/08 PAGE EIGHT Mr. Wayne Serbin, 835 Pearson Street, addressed the Cormnittee of the Whole asking when the Property Tax Levy has to be passed. City Attorney Wiltse said the last Tuesday in December. Mr. Serbin stated that a Special Meeting could be called to resolve this matter; the Unions should meet right away with the City. Mr. John LaBerg, Vice President of AFSCME Local #3891, addressed the Cormnittee of the Whole and read a statement (in City Council file) stating that the City has not considered all the issues in cutting personnel; this is a devastating blow to these employees; we ask that all aspects of the budget cutting be discussed; reject this budget because it is not good. Mr. Eric Suevel, a member of the Executive Board of the International Association of Firefighters Local #4211 , addressed the Cormnittee of the Whole and read a statement from the Executive Board (in City Council file ) asking why we are not figuring out ways to help our employees hang onto their jobs; Local 4211 is ready, willing and able to sit down and share ideas and thoughts about how we might weather the storms of the coming year to the benefit of everyone. Mr. Suevel then spoke as a resident stating that he gets wonderful services for the amount of money he pays in taxes; raise the Tax Levy to 6%; we could do a lot of great things. Mr. Phil Schloss, 1264 Dennis Place, addressed the Cormnittee of the Whole stating that this is the third time he has addressed the aldermen regarding the custodial staff; there are better ways to accomplish what you are trying to do; his Union will be happy to discuss this with Staff. Mr. Mike Pesola, 300 S. Cumberland Parkway, addressed the Cormnittee of the Whole stating that his tax bill has gone up to $2,300 in four (4) years; cut the budget; we need to be at 0% or less; make the hard decisions. Alderman Higgason asked if anyone has gone to the other taxing bodies to protest their taxes. Mr. Eric Suevel, 1369 Dennis Place, addressed the Cormni ttee of the Whole stating that he has attended meetings of other agencies trying to raise his taxes; they are the ones killing him, not the City. Ms. Sharon Lynch, 1333 Cormnittee of the Whole should be an increase increased their taxes by cormnunity and offer good Harding Avenue, addressed the stating that she thinks there in our taxes; Mt. Prospect 6%; you have to have a viable services; that costs money. Mr. Rhys Read, 175 Lancaster Lane, addressed the Cormnittee of the Whole stating he is a member of the Des Plaines Library Board and would like to clear up some misconceptions; they are asking for only a 1 % increase in taxes and books are read at the Library; their circulation has been steadily increasing and no computers were taken out of the Children's area. Ms. Mary Bachmann, 2075 Halsley Drive, addressed the Cormnittee of the Whole stating that her property tax went up 62 %; she has mixed feelings about what the City is trying to do. Upon roll call on Alderman Beauvais substitute motion, the vote was: AYES: 4-Beauvais, Murphy, Higgason, Brookman NAYS: 4-Moylan, Walsten, Smith, Argus ABSENT: 0-None MOTION DECLARED FAILED (a tie vote is a failed vote)t;/' 2009 BUDGET (Cont'd.) 12/1/08 PAGE NINE Mr. Mike Pesola, 300 S. Cumberland Parkway, addressed the Committee of the Whole stating that he is concerned that the 1% budget will not be sufficient over the next couple of years; his house value has gone down $100,000. Moved by Murphy, seconded by Beauvais, to call for the vote. Motion declared carried . Upon roll call on Alderman Murphy's original motion, the vote was: AYES: 5-Beauvais, Moylan, Murphy, Higgason, Brookman A~ NAYS: 3-Walsten, Smith, Argus ~~ .,.,,,,~ ABSENT: 0-None ~ r'£ MOTION DECLARED CARRIED. pr~~0-..;e.fa / ~~Moved by Beauvais, seconded by Brookman, to recommend to ~ the City Council to amend the Proposed 2009 Budget to SIDEWALK SNOW & ICE REMOVAL: remove tuition reimbursement in the amount of $17,800. MOTION DECLARED FAILED (Aldermen Beauvais, Mo yl an, Brookman voted yes; Aldermen Murphy, Higgason, Wa l sten, Smith, Argus voted no). Moved by Higgason, seconded by Beauvais, to recommend to the City Council to approve the Proposed 2 0 O 9 Budget minus $980,000 in personnel cuts and with the addition of $40,000 for the Des Plaines Community Senior Center; and Resolution R-157-08 -AS AMENDED, be adopted a t appropriate time this evening. Moved by Brookman, seconded bv Beauvais, to adopt a substitute motion and recommend to the City Council to POSTPONE until December 15, 2008 further discussion on the proposed personnel cuts in the approximate amount of $985,000 in the Proposed 2009 Budget until Staff meets with the Unions; approval of the Proposed 2009 Budget - AS AMENDED and adoption of Resolution R-157-0 8 . Moved by Brookman, seconded by Beauvais, to call for the question. Motion declared carried. Uoon roll call on the substitute motion, the vote was: AYES: 5-Beauvais, Moylan, Murphy, Higgason, Brookman NAYS: 3-Walsten, Smith, Argus ABSENT: 0-None MOTION DECLARED CARRIED. LEGAL & LICENSING -Alderman Brookman, Chair Alderman Brookman stated that this matter has been discussed in Committee to clarify the current ordinance on snow removal; there are several new suggested amendments, i.e. the ordinance would apply only after a two (2) inch snowfall or more; fines will be imposed "per occurrence" and reduces the recommended fine from $50 to $25 for the first offense and reduces the fine from $100 to $50 for the second or subsequent offense. There was a general discussion on enforcement of these amendments and also snow removal by businesses. Moved by Murphy, seconded by Walsten, to recommend to the City Council to refer back to the Legal & Licensing Committee the matter of Sidewalk Snow & Ice Removal and Ordinance M-41-08, and report back to the Committee of the Whole as soon as possible. Motion declared carried. Alderman Higgason voted no. MAYOR ARREDIA ASSUMED THE CHAIR AND DECLARED THE CITY COUNCIL BACK IN SESSION AMENDMENT 1/5/09 PAGE NINE -"2009 BUDGET" AFTER Third Paragraph .... Insert: "Alderman Argus asked the following of City Attorney David Wiltse: Wayne Serbin has just made the observation that Alderman Marty Moylan is a "union representative." As a paid union representative and business agent for a union, is it a conflict of interest for Alderman Marty Moylan to vote on union contracts, on a budget that eliminates City union employees and/or a motion that retains City union employees? City Attorney David Wiltse said that Alderman Moylan does not have a conflict because he is voting on a different union (other than his own)." ORDINANCE ~43-08 2008 TAX LEVY: WARRANT REGISTER: Resolution R-158-08 2009 BUDGET: Resolution R-157-08 12/1/08 PAGE TEN Moved by Murphy, seconded by Beauvais, to adopt Ordinance M-43-08, AN ORDINANCE LEVYING TAXES FOR THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2009 AND ENDING DECEMBER 31, 2009. Upon roll call, the vote was: AYES: 6-Beauvais, Moylan, Murphy, Higgason, Walsten, Argus NAYS: 2-Brookman, Smith ABSENT: 0-None Motion declared carried. Moved by Smith, seconded by Walsten, to concur with recommendation of Committee of the Whole to adopt Resolution R-158-08, 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: $3,914,090.66. 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 Beauvais, seconded by Brookman, to concur with recommendation of Committee of the Whole to amend the Proposed 2009 Budget to restore funding to the Des Plaines Community Senior Center in the amount of $40, 000. Upon roll call, the vote was: AYES: 6-Beauvais, Moylan, Murphy, Brookman, Walsten, Argus NAYS: 0-None ABSENT: 0-None ABSTAIN:2-Higgason, Smith (conflict of interest) Motion declared carried. Moved by Walsten, seconded by Murphy, to concur with recommendation of Committee of the Whole that the City purchase two (2) Honda CNG (Compressed Natural Gas) vehicles instead of the two (2) Ford Focus vehicles as proposed in the 2009 Budget. 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 Murphy, seconded by Beauvais, to concur with recommendation of Committee of the Whole to postpone further discussion on the proposed personnel cuts, in the approximate amount of $985, 000 in the Proposed 2009 Budget until Staff meets with the Unions. Upon roll call, the vote was: AYES: 3-Beauvais, Murphy, Higgason, NAYS: 5-Moylan, Brookman, Walsten, Smith, Argus ABSENT: 0-None MOTION DECLARED FAILED. Moved by Brookman, seconded by Murphy, to concur with recommendation of Committee of the Whole to postpone until December 15, 2008 further discussion on the proposed personnel cuts, in the approximate amount of $985,000 in the Proposed 2009 Budget, until Staff meets with the Unions; approval of the Proposed 2009 Budget - AS AMENDED and adoption of Resolution R-157-08. Moved by Beauvais, seconded by Murphy, to adopt a substitute motion that this matter be deferred for final action un ti 1 December 15 , 2 0 0 8 (Ru 1 e 3 4 of the City Code) . SIDEWALK SNOW & ICE REMOVAL: Ordinance M-41-08 ADJOURNMENT: 12 /1/08 PAGE ELEVEN Moved by Brookman, seconded by Murphy, to concur with recommendation of Committee of the Whole to refer back to the Legal & Licensing Committee the matter of Sidewalk Snow & Ice Removal and Ordinance M-41-08, and report back to the Committee of the Whole as soon as possible . Motion declared carried. Alderman Higgason voted no . Moved by Brookman, seconded by Murphy, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 10:20 p.m. Donna McAllister, MMC -CITY CLERK APPROVED BY ME THIS DAY OF 2oof J Anth