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12-15-2008MINUTES 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 15, 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 6:30 p.m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Monday, December 15, 2008. ROLL CALL: Roll call indicated the following aldermen present: Moylan, Murphy, Higgason, Brookman, Walsten, Smith and Argus. Alderman Beauvais was absent. Alderman Beauvais arrived in Executive Session at 6:55 p.m. 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. EXECUTIVE SESSION: PRAYER: PRESENTATION: PUBLIC HEARING/ 2007 CDBG CAPER REPORT: CALL TO ORDER: DISCUSSION: Moved by Murphy, seconded by Brookman, to go into Executive Session to discuss personnel. Upon roll call, the vote was: AYES: 7-Moylan, Murphy, Higgason, Brookman, Walsten, Smith, Argus NAYS: 0-None ABSENT: 1-Beauvais Motion declared carried. The City Council recessed at 6:32 p.m. The City Council reconvened at 7:14 p.m. Roll call indicated that following aldermen present: Beauvais, Moylan, Murphy, Higgason, Brookman, Walsten, Smith, Argus. The opening prayer was given by City Clerk McAllister, followed by the Pledge of Allegiance to the Flag. The Des Plaines Community Senior Center Chorale presented songs of the season for the enjoyment of all . MINUTES OF THE PUBLIC HEARING HELD IN THE ELEANOR ROHBACH MEMORIAL COUNCIL CHAMBERS, DES PLAINES CIVIC CENTER, MONDAY, DECEMBER 15, 2008 Mayra Arredia called the Public Hearing to order at 7:22 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 2007-08, detailing the City's use of Community Development Block Grant (CDBG) Funds, beginning October 1, 2007 and ending September 30, 2008. Director of Community & Economic Development Conlan gave a brief review. There were no comments from the aldermen and the public. There will be further action on this matter under Items 4 and 4a on the Consent Agenda later in the evening. The Public Hearing adjourned at 7:24 p.m. The City Council reconvened at 7:25 p.m. CITIZEN PARTICIPA. : COLLECTIVE BARGAINING/ MAP LOCAL #240 POLICE UNION: CONSENT AGENDA: MINUTES/ 12/1/08: NEW CLASS L LIQ. LIC./ WINE ONLY: Consent Agenda Ordinance M-69-08 LIQ. LIC./ 637 METROPOLITAN WAY: Consent Agenda Ordinance M-70-08 12/15/08 PAGE TWO Mr. Wayne Serbin, 835 Pearson Street, addressed the City Council wishing everyone a Merry Christmas; the Des Plaines Senior Center will be serving dinner on Christmas Day; if you are alone, please come. Moved by Brookman, seconded by Beauvais, to concur with consensus in Executive Session that Staff be authorized to proceed as directed regarding negotiations with MAP Local #240 Police Union. Motion declared carried. Alderman Argus requested Item 1 be removed from the Consent Agenda, and Alderman Brookman requested that Items 6, 6a, S and Sa removed. Moved by Murphy, seconded by Beauvais, Consent Agenda except for Items 1, 6, Motion declared carried. to establish a 6a, S and Sa. Moved by Higgason, seconded by Brookman, to approve the Consent Agenda. Upon roll call, the vote was: AYES: S-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-44-0S, M-45-0S, M-46-0S, M-47-0S, M-4S-OS, M-49-08, M-21-07, M-50-0S, M-51-0S, M-52-0S, M-53-0S, M-54-0S, M-55-0S, M-56-0S, M-57-0S, M-SS-OS, M-59-0S, M-60-0S , M-61-0S, M-62-0S, M-64-0S, M-65-0S, M-66-0S, M-67-0S and M-6S-OS were adopted; Ordinances M-69-0S and M-70-0S were placed on First Reading; and Resolutions R-159-0S, R-160- 0S, R-162-0S, R-164-0S and R-165-0S were adopted. Alderman Argus stated that she would like to submit an amendment to the minutes of the regular meeting of the City Council held December 1, 200S. Moved by Argus, seconded by Murphy, to POSTPONE until January 5, 2009 the minutes of the regular meeting of the City Council held December 1, 200S. Motion declared carried. Moved by Higgason, seconded by Brookman, 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 L -Wine Only Liquor License to permit a "wine only" store to sell wine by the bottle not for consumption on the premises and to permit the sale of wine by the glass for consumption on the premises only; and further recommend to place on First Reading Ordinance M-69-0S, AN ORDINANCE AMENDING TITLE 4, "BUSINESS REGULATIONS," CHAPTER 4, "INTOXICATING LIQUORS," SECTIONS 4, "CLASSIFICATION OF LICENSE; DESCRIPTION , "AND SECTION 5, "LICENSE FEES AND NUMBER," OF THE DES PLAINES CITY CODE TO ADD "CLASS L WINE ONLY LICENSE." Motion declared carried as approved unanimously under Consent Agenda. Moved by Higgason, seconded by Brookman, to concur with Staff recommendation to amend Title 4, Chapter 4 "Intoxicating Liquors," Section 4-4-5 :A. of the City Code to add a new Class L -Wine Only Liquor License for property located at 637 Metropolitan Way, d/b/a WineStyles; and further recommend to place on First Reading Ordinance M-70-0S, AN ORDINANCE AMENDING TITLE 4, "BUSINESS REGULATIONS," CHAPTER 4, "INTOXICATING LIQUORS," SECTION 5, "LICENSE FEES AND NUMBER," OF THE DES PLAINES CITY CODE TO RECLASSIFY THE LIQUOR LICENSE FOR PREWIT & ASSOCIATES, INC., D/B/A WINESTYLES LOCATED AT 637 METROPOLITAN WAY, DES PLAINES, ILLINOIS FROM A "CLASS B" LICENSE TO A "CLASS L" LICENSE. Motion declared carried as approved unanimously under Consent Agenda. ·2007 CDBG ANNUAL PERFOR. & EVALUATION RPT. (CAPER) : Consent Agenda Resolution R-159-08 ASSIGNMENT OF TIF NOTE/ EVERLEIGH PROJECT RIVER ROAD: Consent Agenda Resolution R-160-08 LOBBYIST AGREEMENT/ ALL-CIRCO: Resolution R-161-08 REDUCTION OF PUB. IMPRV. SURETY; 819-849 ELMHURST Consent Agenda Resolution R-162-08 12/15/08 PAGE THREE Moved by Higgason, seconded by Brookman, to concur with Staff recommendation to approve 2007 Consolidated Annual Performance and Evaluation Report (CAPER) for Community Development Block Grant (CDBG) Program Year -October 1, 2007 to September 30, 2008; City Clerk be authorized to submit the report to the U.S. Department of Housing and Urban Development (HUD) no later than December 30, 2008; and further recommend to adopt Resolution R-159-08, A RESOLUTION REQUESTING APPROVAL FROM THE CITY OF DES PLAINES CITY COUNCIL OF THE CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT (CAPER) FOR PROGRAM YEAR 2007, A REPORT IN CONJUNCTION WITH THE ANNUAL COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. Motion declared carried as approved unanimously under Consent Agenda. Moved by Higgason, seconded by Brookman, to concur with Staff recommendation to approve assignment of Tax Increment Allocation Note, in the amount of $1,657,277 to reimburse TIF-eligible costs, from River Plaines Associates, LLC, 225 W. Hubbard Street, Chicago, IL 60610, to MB Financial Bank, NA, 6111 N. River Road, Rosemont, IL 60018, as provided in Redevelopment Agreement with River Plaines Associates, LLC (approved by the City Council on August 20, 2007 -Resolution R- 117-07); for the 144-unit Everleigh Residential Project at River Road and River Street; and further recommend to adopt Resolution R-160-08, A RESOLUTION APPROVING AN ASSIGNMENT OF A TAX INCREMENT ALLOCATION REVENUE NOTE FROM RIVER PLAINES ASSOCIATES, LLC TO MB FINANCIAL BANK, NA. Motion declared carried as approved unanimously under Consent Agenda. Moved by Walsten, seconded by Higgason, to amend Line One of Section 3.D. of the "Agreement for Services" with All- Circo, Inc. to add after the word City, " ... and each alderman .... " MOTION DECLARED FAILED (Aldermen Moylan, Higgason, Walsten, Smith voted yes; Aldermen Beauvais, Murphy, Brookman, Argus, Arredia voted no) . Moved by Murphy, seconded by Beauvais, to concur with Staff recommendation to authorize Mayor and City Clerk to execute "Agreement for Services" with All-Circo, Inc., 111 W. Washington Street, Suite 1920, Chicago, IL 60602, to provide lobbyist services for a period of three (3) years from November 1, 2008 through October 31, 2011, at a cost of $60,000 per year; and further recommend to adopt Resolution R-161-08, A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN ALL-CIRCO, INC. AND THE CITY OF DES PLAINES FOR LOBBYIST SERVICES FOR THE CITY OF DES PLAINES. Upon roll call, the vote was: AYES: 7-Beauvais, Moylan, Murphy, Higgason, Walsten, Smith, Argus NAYS: 1-Brookman ABSENT: 0-None Motion declared carried. Moved by Higgason, seconded by Brookman, to concur with Staff recommendation to grant request for Reduction of Public Improvement Surety for Vandercar Subdivision, 819- 845 and 849 S. Elmhurst Road, from $454,196 to $45,419 (90% reduction); and further recommend to adopt Resolution R-162-08, A RESOLUTION APPROVING REDUCTION OF PUBLIC IMPROVEMENT SURETY FOR VANDERCAR SUBDIVISION LOCATED AT 819, 845 AND 849 S. ELMHURST ROAD, DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. FIRE DEPT. ENTRANCE EXAM SVS./ lL.Q SOLUTIONS: Resolution R-163-08 BID AWARD/ HVAC MAINT. & REPAIR SERVICES: Consent Agenda Resolution R-164-08 BID AWARD/ ELEVATOR MAINTENANCE SERVICES: Consent Agenda Resolution R-165-08 ORDINANCE M-44-08 YEAR 2008 TAX LEVY/ SPEC. SVS. AREA #4: Consent Agenda ORDINANCE M-45-08 YEAR 2008 TAX LEVY/ SPEC. SVS. AREA #5: Consent Agenda ORDINANCE M-46-08 YEAR 2008 TAX LEVY/ SPEC. SVS. AREA #6: Consent Agenda 12/15/08 PAGE FOUR Moved by Brookman, seconded by Murphy, to concur with Staff recommendation to accept proposal from I/O Solutions, Inc., 1127 S. Mannheim Road, Westchester, IL 60154, to provide consulting services for the 2009 Firefighter/Paramedic Entrance Examinations in an amount not-to-exceed $9,000/Budgeted Funds; and further recommend to adopt Resolution R-163-08, A RESOLUTION AUTHORIZING THE EXECUTION OF AN INDEPENDENT CONTRACTOR AGREEMENT BETWEEN THE CITY OF DES PLAINES AND I/O SOLUTIONS, INC. FOR FIREFIGHTER/PARAMEDIC CANDIDATE ENTRANCE TESTING CONSULTING SERVICES. 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 Higgason, seconded by Brookman, to concur with Staff recommendation to award bid for Preventive Maintenance and Repair of Heating, Air Conditioning and Ventilation Systems (HVAC) to the lowest bidder, Bedco Mechanical, 322 N. Wolf Road, Mt. Prospect, IL 60056, at a cost of $85 per hour/regular time rate, a cost of $127. 50 per hour/overtime rate and a parts markup of 28%/Budgeted Funds; and further recommend to adopt Resolution R-164-08, A RESOLUTION AUTHORIZING THE CITY COUNCIL TO ACCEPT THE LOWEST RESPONSIBLE BID OFFER FOR CONTRACTUAL INSPECTION AND MAINTENANCE OF THE HEATING AND AIR CONDTIONING SYSTEMS AT CITY FACILITIES FROM BEDCO MECHANICAL. Motion declared carried as approved unanimously under Consent Agenda. Moved by Higgason, seconded by Brookman, to concur with Staff recommendation to award bid for Full Service Maintenance Agreement for Elevators at the Civic Center, Police Station, Library Garage and Metropolitan Square Garage to the lowest bidder, Colley Elevator Company, 226 William, Bensenville, IL 60106, at a 2009 cost of $14, 100, a 2010 cost of $14, 573. 20 and a 2011 cost of $14, 9 5 8 . 6 9 /Budgeted Funds; and further recommend to adopt Resolution R-165-08, A RESOLUTION AUTHORIZING THE CITY COUNCIL TO ACCEPT THE LOWEST RESPONSIBLE BID OFFER FOR FULL SERVICE ELEVATOR MAINTENANCE AT CITY FACILITIES FROM COLLEY ELEVATOR COMPANY. Motion declared carried as approved unanimously under Consent Agenda . Moved by Higgason, seconded by Brookman to adopt Ordinance M-44-08, 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, 2009 AND ENDING DECEMBER 31, 2009. Motion declared carried as approved unanimously under Consent Agenda. Moved by Higgason, seconded by Brookman, to adopt 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 Higgason, seconded by Brookman, to adopt 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. ORDINANCE M--47-08 YEAR 2008 TAX LEVY/ SPEC. SVS. AREA #7: Consent Agenda ORDINANCE M-48-08 YEAR 2008 TAX LEVY/ SPEC. SVS. AREA #8: Consent Agenda ORDINANCE M-49-08 YEAR 2008 TAX LEVY/ SPEC. SVS. AREA #9: Consent Agenda ORDINANCE M-50-08 YEAR 2008 TAX LEVY/ SPEC. SVS. AREA #10: Consent Agenda ORDINANCE M-51-08 ABATEMENT/ YEAR 1999 GO BONDS: Consent Agenda ORDINANCE M-52-08 ABATEMENT/ YEAR 2001 GO BONDS: Consent Agenda ORDINANCE M-53-08 ABATEMENT/ YEAR 2002A GO BONDS: Consent Agenda ORDINANCE M-54-08 ABATEMENT/ YEAR 2003A & 2003C GO BONDS: Consent Agenda ORDINANCE M-55-08 ABATEMENT/ YEAR 2003D GO BONDS: Consent Agenda 12/15/08 PAGE FIVE Moved by Higgason, seconded by Brookman, to adopt Ordinance M-4 7-08, 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 Higgason, seconded by Brookman, to adopt 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 Higgason, seconded by Brookman, to adopt 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 Higgason, seconded by Brookman, to adopt 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 Higgason, seconded by Brookman, to adopt 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 Higgason, seconded by Brookman, to adopt 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 Higgason, seconded by Brookman, to adopt 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 Higgason, seconded by Brookman, to adopt 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 Higgason, seconded by Brookman, to adopt 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. ORDINANCE M-56-08 ABATEMENT/ YEAR 2004A & YEAR 2004B GO BONDS: Consent Agenda ORDINANCE M-57-08 ABATEMENT/ YEAR 2005A, B & C GO BONDS: Consent Agenda ORDINANCE M-58-08 ABATEMENT/ YEAR 2005E, F & G GO BONDS: Consent Agenda ORDINANCE M-59-08 ABATEMENT/ YEAR 2005D GO BONDS: Consent Agenda ORDINANCE M-60-08 ABATEMENT/ YEAR 2007A & YEAR 2007B GO BONDS: Consent Agenda ORDINANCE M-61-08 ABATEMENT/ YEAR 2008A GO BONDS: Consent Agenda ORDINANCE M-62-08 TIF #1 TIME EXTEN. RE REVENUES: Consent Agenda ORDINANCE M-64-08 TIF #3 TIME EXTEN. RE REVENUES: Consent ·Agenda 12/15/08 PAGE SIX Moved by Higgason, seconded by Brookman, to adopt Ordinance M-56-08, ABATEMENT OF THE 2008 TAX LEVY FOR THE 2004 GENERAL OBLIGATION BONDS, SERIES 2004A AND SERIES 2004B. Motion declared carried as approved unanimously under Consent Agenda. Moved by Higgason, seconded by Brookman, to adopt 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 Higgason, seconded by Brookman, to adopt 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 Higgason, seconded by Brookman, to adopt Ordinance M-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 Higgason, seconded by Brookman, to adopt 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 Higgason, seconded by Brookman, to adopt Ordinance M-61-0 8, ABATEMENT OF THE 2 0 0 8 TAX LEVY FOR THE 2008 GENERAL OBLIGATION BONDS REFUNDING BONDS, SERIES 2008A. Motion declared carried as approved unanimously under Consent Agenda. Moved by Higgason, seconded by Brookman, to adopt 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) . Motion declared carried as approved unanimously under Consent Agenda. Moved by Higgason, seconded by Brookman, to adopt 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 -TI F #3) . Motion declared carried as approved unanimously under Consent Agenda. ORDINANCE M-65-08 TIF #4 TIME EXTEN. RE REVENUES: Consent Agenda ORDINANCE M-66-08 TIF #5 TIME EXTEN. RE REVENUES: Consent Agenda ORDINANCE M-67-08 TIF #6 TIME EXTEN. RE REVENUES: Consent Agenda ORDINANCE M-68-08 FLOOD CONTROL AMENDMENT/ HISTORIC STRUCTURES: Consent Agenda REAP PO INT . : ORDINANCE M-69-08 NEW CLASS L WINE ONLY LIQ. LIC. : ORDINANCE M-70-08 LIQ. LIC./ 637 METROPOLITAN WAY: 12/15/08 PAGE SEVEN Moved by Higgason, seconded by Brookman, to adopt 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). Motion declared carried as approved unanimously under Consent Agenda. Moved by Higgason, seconded by Brookman, to adopt 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) . Motion declared carried as approved unanimously under Consent Agenda. Moved by Higgason, seconded by Brookman, to adopt 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 (TIF #6). Motion declared carried as approved unanimously under Consent Agenda. Moved by Higgason, seconded by Brookman, to adopt 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. Presented for consideration (no action required) were the Mayoral reappointments to the SPECIAL EVENTS COMMISSION of Lucille Adamick and Joyce Solvig (final action on this matter under Consent Agenda on January 5, 2009) . Moved by Brookman, seconded by Murphy, to advance to Second Reading and adopt Ordinance M-69-08, AN ORDINANCE AMENDING TITLE 4, "BUSINESS REGULATIONS," CHAPTER 4, "INTOXICATING LIQUORS," SECTIONS 4, "CLASSIFICATION OF LICENSES; DESCRIPTION," AND SECTION 5, "LICENSE FEES AND NUMBER," OF THE DES PLAINES CITY CODE TO ADD "CLASS L WINE ONLY LICENSE." 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 Brookman, seconded by Murphy, to advance to Second Reading and adopt Ordinance M-70-08, AN ORDINANCE AMENDING TITLE 4, "BUSINESS REGULATIONS," CHAPTER 4, "INTOXICATING LIQUORS," SECTION 54, "LICENSE FEES AND NUMBER," OF THE DES PLAINES CITY CODE TO RECLASSIFY THE LIQUOR LICENSE FOR PREWIT & ASSOCIATES, INC., D/B/A WINESTYLES LOCATED AT 637 METROPOLITAN WAY, DES PLAINES ILLINOIS FROM A "CLASS B" LICENSE TO A "CLASS L" LICENSE. 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 ~I WARRANT REGISTER: PROPOSED 2009 BUDGET: 12/15/08 PAGE EIGHT FINANCE & ADMINISTRATION Alderman Smith, Chair Moved by Brookman, seconded by Higgason, to recommend to the City Council approval of the December 15, 2008 - Warrant Register, in the total amount of $6,153,064.50, and further recommend that Resolution R-167-08 be adopted at appropriate time this evening. Motion declared carried. City Manager Baj or reviewed the additional changes to the Final 2009 Draft of the Budget, i.e. additional $40,00 0 for funding for the Des Plaines Community Senior Center, replacement of two (2) Ford Focus vehicles with two (2 ) Honda CNG (Compressed Natural Gas) vehicles for an additional $8,000; this decreases our General Fund from 9.40% to 9.33% and the Equipment Replacement Fund from 25.83% to 25.42%. Alderman Beauvais asked if the City considered an Early Retirement Program for the employees rather than lay them off. City Manager Bajor said that would not save more money than what is being projected in the Proposed 2009 Budget; he would not recommend this program to the City Council; you would have no control over who would decide to leave. Alderman Murphy asked what the Unions have offered to do. City Manager Bajor said he would like to talk to them to try to work something out. Alderman Higgason asked if any of the other Unions have come forward. City Manager Baj or said he rece i ved a letter from the AFSCME Union listing some cost savings and recommended additional revenue sources, which he sent to the aldermen. Alderman Argus stated that she does not believe i n increasing the permit fees that was listed in AFSCME's letter; we would be just passing this on to the residents. City Manager Bajor stated that he did not have an opportunity to review the figures proposed by AFSCME to see whether they are true and accurate; these would be one-time solutions; it would help in the short-term, but it doesn't help the recurring expenses. Mr. Paul Berner, President of AFSCME Union, addressed the Committee of the Whole and reviewed their letter (in City Council file) listing the possible costs savings and their basic ideas for revenue enhancements; it is wrong to let employees go; we can ride this out. Alderman Beauvais asked who is in charge of collecting our delinquent accounts. Acting Director of Finance Wisniewski said the City has a collection agency . Mr. Phil Schloss, President of MECCA (Public Works Union), addressed the Committee of the Whole stating that perhaps Public Works employees could do some of the custodial work; the custodians are willing to give up their 10% night differential; the Union contract should stay in tact; as a resident, he would be willing to pay an increase in his property tax and he thinks other people would be willing to do that also. Mr. Brian Burkross, 2133 Webster Lane, addressed the Committee of the Whole stating that our taxes are smaller than other agencies but that doesn't diminish the cry from the residents to the City Council; we are all victims of the economic conditions; he is not in favor of City employees losing their jobs but he understands the situation; an analysis should be done on why other communities are operating at a lower cost than Des Plaines and they provide the same services. ~ 2009 BUDGET (Cont'd.) 6b TAX ABATEMENT INCENTIVE/ 515 TOUHY: 12/15/08 PAGE NINE Mr. Wayne Serbin, 835 Pearson Street, addressed the Committee of the Whole stating that years ago public employees were not paid a lot of money; to attract employees, the City had to offer fringe benefits to compensate for lack of money; then the unions came in and things changed; once you have these benefits, it is hard to take them away. Alderman Murphy stated that she would hope that the City would try to find the money to keep these people if possible; if we can hire them back at some point, they should be hired back first. Moved by Beauvais, seconded by Brookman, to recommend to the City Council to POSTPONE this matter for review of the cost savings and recommendations from the AFSCME Union and, if possible, meet with the Union. City Manager Bajor stated that he doesn't need any more time to review this budget; the numbers presented do not match our shortfall; we will try to save as much money as possible. Upon roll call, 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) . Moved by Walsten, seconded by Murphy, to recommend to the City Council approval of the Proposed 2009 Budget in the amount of $120,791,557, and the adoption of Resolution R-157-08 at appropriate time this evening. Upon roll call, the vote was: AYES: 4-Moylan, Murphy, Walsten, Smith NAYS: 4-Beauvais, Higgason, Brookman, Argus ABSENT: 0-None MOTION DECLARED FAILED (a tie vote is a failed vote). Moved by Brookman, seconded by Murphy, to recommend to the City Council that the Proposed 2009 Budget be referred back to Staff for further review. Upon roll call, 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) . COMMUNITY DEVELOPMENT -Alderman Murphy, Chair Alderman Murphy reviewed this request from Nippon Express for a Cook County 6b Tax Abatement Incentive to relocate its operations to 515 E. Touhy Avenue; the Community Development Committee recommended approval of this request. Mr. Roland Rock, representing Nippon Express, addressed the Committee of the Whole and answered questions from the aldermen. Moved by Hiooason, seconded by Beauvais, to concur with Staff recommendation and recommend to the City Council that City be authorized to support and consent to the granting of a Cook County Real Estate Classification 6b Property Tax Abatement Incentive to Nippon Express to assist with the purchase of property located at 515 E. Touhy Avenue, PIN #09-31-200-005-0000 and #09-31-200-011- 0000, for a warehouse distribution and office facility; and Resolution R-166-08 be adopted at appropriate time this evening. Motion declared carried. SIDEWALK SNOW & ICE REMOVAL: WARRANT REGISTER: Resolution R-167-08 2009 BUDGET: Resolution R-157-08 EXECUTIVE SESSION: 12/15/08 PAGE TEN LEGAL & LICENSING -Alderman Brookman, Chair Alderman Brookman stated that this matter has been discussed in Committee and at City Council meetings; the main objection to the proposed changes is compliance; perhaps the City should do a public awareness campaign and a more aggressive enforcement of the existing ordinance in the business/commercial community. Alderman Beauvais requested that Staff contact the ICC to see that the railroads keep their track crossings clear of snow. Moved by Beauvais, seconded by Higgason, to recommend to the City Council that no changes be made to Section 8-1-2 -"Removal of Snow and Ice .... " of the City Code and Ordinance M-41-08 be voided. Motion declared carried. Aldermen Murphy and Argus voted no. MAYOR ARREDIA ASSUMED THE CHAIR AND DECLARED THE CITY COUNCIL BACK IN SESSION Moved by Smith, seconded by Brookman, to concur with recommendation of Committee of the Whole to adopt Resolution R-167-08, 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: $6,153,064.50. 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 Smith, seconded by Walsten, to approve the 2009 Budget in the amount of $120,791,557, and the adoption of Resolution R-157-08, A RESOLUTION APPROVING THE 2009 ANNUAL BUDGET FOR THE CITY OF DES PLAINES. Moved by Beauvais, seconded by Brookman, to adopt a substitute motion that the 2009 Budget be POSTPONED. Upon roll call, the vote was: AYES: 4-Beauvais, Murphy, Higgason, Brookman NAYS: 5-Moylan, Walsten, Smith, Argus, Arredia ABSENT: 0-None MOTION DECLARED FAILED. Moved by Brookman, seconded by Beauvais, to adopt a substitute motion to POSTPONE the 2009 Budget until January 5, 2009 and the matter be referred back to Staff for further review. Upon roll call, the vote was: AYES: 4-Beauvais, Murphy, Higgason, Brookman NAYS: 5-Moylan, Walsten, Smith, Argus, Arredia ABSENT: 0-None MOTION DECLARED FAILED. Moved by Murphy, seconded by Beauvais, to go into Executive Session to discuss personnel. Upon roll call, the vote was: AYES: 5-Beauvais, Moylan, Murphy, Higgason, Brookman NAYS: 3-Walsten, Smith, Argus ABSENT: 0-None Motion declared carried. EXEC. SESS. (Cont'd.) 2009 BUDGET (Cont'd.) 6b TAX ABATEMENT INCENTIVE/ 515 TOUHY: Resolution R-166-08 SIDEWALK SNOW & ICE REMOVAL: Ordinance M-41-08 ADJOURNMENT: 12/15/08 PAGE ELEVEN The City Council recessed at 9:45 p.m. The City Council reconvened at 10:06 p.m. Roll call indicated the following aldermen present: Beauvais, Moylan, Murphy, Higgason, Brookman, Walsten, Smith and Argus. Upon roll on Alderman Smith's original motion, the vote was: AYES: 5-Moylan, Murphy, Walsten, Smith, Arredia NAYS: 4-Beauvais, Higgason, Brookman, Argus ABSENT: 0-None Motion declared carried. Moved by Murphy, seconded by Walsten, to concur with recommendation of Committee of the Whole that City be authorized to support and consent to the granting of a Cook County Real Estate Classification 6b Property Tax Abatement Incentive to Nippon Express to assist with the purchase of property located at 515 E. Touhy Avenue, PIN #09-31-200-005-0000 and #09-31-200-011-0000, for a warehouse distribution and office facility; and further recommend to adopt Resolution R-166-08, A RESOLUTION AUTHORIZING 6B CLASSIFICATION FOR REAL PROPERTY WITH COOK COUNTY REAL ESTATE TAX INDEX NUMBER 09-31-200-005-0000 AND 09-31-200-011-0000, LOCATED AT 515 EAST TOUHY AVENUE IN DES PLAINES, ILLINOIS, PURSUANT TO COOK COUNTY REAL PROPERTY CLASSIFICATION ORDINANCE. 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 Brookman, seconded by Higgason, to concur with recommendation of Committee of the Whole that no changes be made to Section 8-1-2 -"Removal of Snow and Ice .... " of the City Code and Ordinance M-41-08 be VOIDED. Motion declared carried. Aldermen Murphy and Argus voted no. Moved by Moylan, seconded by Murphy, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 10:12 p.m. Donna McAllister, MMC -CITY CLERK APPROVED BY ME THIS ~-~---~~~ DAY °Zt:/~, 2009 Anthony W ...... Arredia, MAYOR