City Council Meeting Minutes

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, TUESDAY,
FEBRUARY 19, 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 6:00 p.m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Tuesday, February 19, 2008.

ROLL CALL: Roll call indicated the following aldermen present: Moylan, Murphy, Higgason, Brookman, Walsten and Argus. Aldermen Beauvais and Smith were absent. Aldermen Smith arrived in Executive Session at 6:03 p.m. Alderman Beauvais arrived in Executive Session at 6:30 p.m.

Also present were: City Manager Bajor, 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, Deputy Director of Community & Economic Development Angell and City Attorney Wiltse.

EXECUTIVE SESSION:

Moved by Brookman, seconded by Higgason, to go into Executive Session to discuss biannual review of Executive Session minutes and audio recordings, probable-imminent litigation, acquisition of real property and personnel. Upon roll call, the vote was:

AYES: 6-Moylan, Murphy, Higgason,

Brookman, Walsten, Argus

NAYS: 0-None

ABSENT: 2-Beauvais, Smith

Motion declared carried.

The City Council recessed at 6:01 p.m.

The City Council reconvened at 7:08 p.m.

Roll call indicated the following aldermen present: Beauvais, Moylan, Murphy, Higgason, Brookman, Walsten, Smith, Argus.

PRAYER:

The opening prayer was given by Reverend Steve Hjelle, Evangelical Free Church, followed by the Pledge of Allegiance to the Flag.

PUBLIC HEARING/2008 APPROPRIA.:

CALL TO ORDER:

Mayor Arredia called the Public Hearing to order at 7:07 p.m. The Public Hearing was being held pursuant to legal notice to give citizens the opportunity to comment on the proposed Year 2008 Appropriations for fiscal year beginning January 1, 2008 in the amount of $131,276,202.

DISCUSSION:

Acting Director of Finance Wisniewski gave a brief overview.

Mayor Arredia asked for comments from the aldermen and the public. There were none. Further action on this matter under Committee of the Whole this evening.

The Public Hearing adjourned at 7:08 p.m.

The City Council reconvened at 7:09 p.m.

CITIZEN PARTICIPA.:

Mr. Dion Kendrick, 943 Webster Lane, addressed the City Council and read a statement (in City Council folder)regarding the possibility of the City acquiriing property in the Five Corners Area - TIF District #4; at best, this is premature, and, at worst, a broken promise by the City Council and administration; the City Council gave its word that this development would be driven by the developerB that means he fronts the money, not the taxpayer; going back on your word is the ultimate dishonor; don= t do it; ever.

Mr. Brian Burkross, 2133 Webster Lane, addressed the City Council stating that he also would like to talk about the City acquiring property in the TIF District #4 area; this has come up before in many different forms; he reminded the City Council of the promises they made.

ACQUISITION OF REAL PROPERTY/1401 REDEKER RD.:

Moved by Murphy, seconded by Argus, to concur with majority agreement in Executive Session that Staff be authorized to proceed as directed regarding the acquisition of property located at 1401 Redeker Road. Upon roll call, the vote was:

AYES: 5-Beauvais, Murphy, Higgason, Smith, Argus

NAYS: 4-Moylan, Brookman, Walsten, Arredia

ABSENT: 0-None

Motion declared carried.

PROBABLE-IMMINENT LITIGATION/ILLINOIS AMERICAN WATER RATE INCREASE:

Moved by Brookman, seconded by Argus, to concur with consensus in Executive Session that Staff be authorized to file a Petition to Intervene in the rate increase case filed by Illinois American Water Company, which is pending before the Illinois Commerce Commission (ICC). 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.

BIANNUAL REVIEW/EXEC. SESS. MINUTES:

Moved by Brookman, seconded by Murphy, to concur with consensus in Executive Session that the following Executive Session minutes, or portions thereof, no longer require confidential treatment and are available for public inspection as recommended by City Attorney Wiltse in his memo of February 7, 2008:

September 3, 2002 -Acquisition of Real Property

Esser Court

August 16, 2004 -Acquisition of Real Property

2687 and 2695 Mannheim - TIF #6

September 20, 2004 -Personnel

Economic Development Director

October 4, 2004 -Collective Bargaining

DPPFU - Local #4211

DPCOU - Chapter #241

October 18, 2004 -Collective Bargaining

DPPFU - Local #4211

It was also the consensus of the aldermen that the need for confidentiality still exists as to all or part of the remaining minutes. Motion declared carried.

EXECUTIVE SESSION AUDIO RECORDINGS:

Resolution R-25-08

Moved by Brookman, seconded by Murphy, to concur with consensus in Executive Session that those Executive Session audio recordings which qualify for destruction, be retained and City Council not adopt Resolution R-25-08. 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.

CONSENT AGENDA:　

Alderman Argus requested that Item 1 be removed from the Consent Agenda, and Alderman Moylan requested that Items 5 and 5a be removed.

Moved by Murphy, seconded by Argus, to establish a Consent Agenda except for Items 1, 5 and 5a. 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; Ordinances M-4-08 and MC 5-08 were adopted; Ordinance ZC 4-08 was placed on First Reading and Resolution R-26-08 was adopted.

MINUTES/2/4/08:

Alderman Argus stated that she would like to make an amendment to the minutes of the regular meeting of the City Council held February 4, 2008 to add her comments regarding the selection of Jason Bajor as City Manager; she will provide the amendment to City Clerk McAllister for consideration on March 3, 2008.

Moved by Murphy, seconded by Smith, to POSTPONE until March 3, 2008 approval of minutes of the regular meeting of the City Council held February 4, 2008. Motion declared carried.

EXEC. SESS. MINUTES/2/4/08:

Consent Agenda

Moved by Murphy, seconded by Brookman, to approve minutes of the Executive Session of the City Council held February 4, 2008. Motion declared carried as approved unanimously under Consent Agenda.

ZONING CASE 07-64-CU CONDIT. USE/851 S. ELMHURST:

Consent Agenda

Ordinance Z-4-08

Moved by Murphy, seconded by Brookman, to concur with recommendation of Des Plaines Zoning Board of Appeals, re Zoning Case 07-64-CU, to grant request for Conditional Use, with conditions, to permit construction of an accessory drive-through facility as part of a full-service financial institution (bank) on property located at 851 S. Elmhurst Road in C-3 General Commercial District; and further recommend to place on First Reading Ordinance Z-4-08, AN ORDINANCE ALLOWING FOR A CONDITIONAL USE PERMIT TO PERMIT A DRIVE-THRU FACILITY WITH FOUR LANES FOR TRAFFIC AS PART OF A FULL-SERVICE FINANCIAL INSTITUTION, AT 851 ELMHURST ROAD, DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda.

FINAL PLAT/811, 819 AND 851 ELMHURST RD.:

Consent Agenda

Resolution R-26-08

Moved by Murphy, seconded by Brookman, to concur with recommendation of Des Plaines Plan Commission to approve Final Plat for Vandercar Subdivision, 811, 819 and 851 Elmhurst Road; Mayor and City Clerk be authorized to execute same; and further recommend to adopt Resolution R-26-08, A RESOLUTION APPROVING THE FINAL PLAT FOR VANDERCAR SUBDIVISION LOCATED AT 811, 819 AND 851 ELMHURST ROAD, DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda.

FACADE REHABILITA. PROGRAM REBATE/2777 MANNHEIM:

Resolution R-27-08

Alderman Moylan stated that we should divide these funds between many companies and not give them to just one company.

Alderman Murphy stated that these requests for funds go through an extensive review process; she can= t think of a better use of TIF funds than this.

Moved by Murphy, seconded by Brookman, to concur with recommendation of Des Plaines Economic Development Commission to authorize payment of $30,410/TIF District #6 Funds, to Café la Cave Restaurant, as the City= s Rehabilitation Rebate Program, for property located at 2777 Mannheim Road; and further recommend to adopt Resolution R-27-08, A RESOLUTION AUTHORIZING THE PAYMENT OF $30,410 TO CAFÉ LA CAVE RESTAURANT, OWNER OF 2777 MANNHEIM ROAD, DES PLAINES, ILLINOIS, 60018, AS THE CITY= S CONTRIBUTION OF THE PROPERTY= S FACADE REHABILITATION. Upon roll call, the vote was:

AYES: 7-Beauvais, Murphy, Higgason,

Brookman, Walsten, Smith, Argus

NAYS: 1-Moylan

ABSENT: 0-None

Motion declared carried.

PURCHASE/IMAGING CAMERAS FOR FIRE DEPT.:

Consent Agenda

Moved by Murphy, seconded by Brookman, to concur with Staff recommendation to accept proposal from Environmental Safety Group, Inc., 570 E. North Frontage Road, Bolingbrook, IL 60440, for purchase of five (5) Bullard T3 Thermal Imaging Cameras with Accessories in the amount of $49,995/2006 Budgeted Funds for the Fire Department in the amount of $24,997.50 and Foreign Fire Insurance Tax Board Funds in the amount of $24,997.50; and it would be in the best interest of the City that usual bid procedures be waived (ESG is sole source for Bullard T3 Cameras). Motion declared carried as approved unanimously under Consent Agenda.

ADVERTISING FOR BIDS:

Consent Agenda

Moved by Murphy, seconded by Brookman, to concur with Staff recommendation that City Clerk be authorized to advertise for bids for 2008 Concrete & Alley Improvements, MFT Section 08-00203-00-RP, returnable by 3:00 p.m., Thursday, March 6, 2008. Motion declared carried as approved unanimously under Consent Agenda.

ORDINANCE M-4-08 INSPECTION SITES/PUBLIC PASSENGER VEHICLES:

Consent Agenda

Moved by Murphy, seconded by Brookman, to adopt Ordinance MC 4-08, AN ORDINANCE AMENDING TITLE 4, A BUSINESS REGULATIONS,@ CHAPTER 12, A PUBLIC PASSENGER VEHICLES,@ SECTION 3, A PUBLIC PASSENGER VEHICLE INSPECTIONS,@ OF THE CITY OF DES PLAINES CITY CODE. Motion declared carried as approved unanimously under Consent Agenda.

ORDINANCE M-5-08 CITY OF CHICAGO WATER RATE INCREA.:

Consent Agenda

Moved by Murphy, seconded by Brookman, to adopt Ordinance MC 5-08, AN ORDINANCE AMENDING TITLE 9, A PUBLIC UTILITIES,@ CHAPTER 1, A WATER SYSTEM REGULATIONS,@ SECTION 7, A RATES@ OF THE DES PLAINES CITY CODE. Motion declared carried as approved unanimously under Consent Agenda.

REAPPOINT.:

Presented for consideration (no action required) was the Mayoral reappointment of Don Rosedale to the Board of Fire & Police Commissioners. Final action on this matter under Consent Agenda on March 3, 2008.

MAYOR ARREDIA DECLARED THAT THE CITY COUNCIL WAS NOW RESOLVED INTO A COMMITTEE OF THE WHOLE

FINANCE & ADMINISTRATION - Alderman Smith, Chair

WARRANT REGISTER:

Moved by Beauvais, seconded by Brookman, to recommend to the City Council approval of the February 19, 2008 - Warrant Register, in the total amount of $2,870,923.61, and further recommend that Resolution R-28-08 be adopted at appropriate time this evening. Motion declared carried.

2008 APPROPRIA.

Acting Director of Finance Dorothy Wisniewski gave a PowerPoint presentation regarding the annual appropriation ordinance which is required to be passed within the first quarter of its fiscal year; the appropriation ordinance specifies the sums of money deemed necessary to defray all expenses and liabilities in the calendar year 2008; the total appropriation request for all City funds is $131,276,202.

Alderman Murphy stated that there could have been some compromises in the appropriation; she cannot support this ordinance.

Alderman Argus stated that she, too, cannot support this ordinance; we should have been able to cut expenses in the budget.

Alderman Brookman stated that she also will be voting no for the same reasons.

Alderman Beauvais stated that we would have had to cut personnel if we reduced the appropriation; she doesn= t think the residents would want that.

Mr. Brian Burkross, 2133 Webster Lane, addressed the Committee of the Whole stating that we are getting A killed@ with other taxes on other levels; this budget was very disappointing to the residents of Des Plaines; he doesn= t see the justification for this budget.

Moved by Moylan, seconded by Higgason, to concur with Staff recommendation and recommend to the City Council approval of the 2008 Appropriations in the total amount of $131,276,202, of which the General Fund expenditures are $55,292,903; and Ordinance MC 6-08 be placed on First Reading at appropriate time this evening. MOTION DECLARED FAILED (Aldermen Beauvais, Moylan, Higgason, Argus voted yes; Aldermen Murphy, Brookman, Walsten, Argus voted no - a tie vote is a failed vote).

MAYOR ARREDIA ASSUMED THE CHAIR AND DECLARED THE CITY COUNCIL BACK IN SESSION

WARRANT REGISTER:

Resolution R-28-08

Moved by Smith, seconded by Brookman, to concur with recommendation of Committee of the Whole to adopt Resolution R-28-08, 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: $2,870,923.61. 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.

2008 APPROPRIA.:

Ordinance M-6-08

Moved by Smith, seconded by Moylan, to concur with Staff recommendation to approve 2008 Appropriations in the total amount of $131,276,202, of which the General Fund expenditures are $55,292,903; and further recommend to place on First Reading Ordinance MC 6-08, AN ORDINANCE MAKING APPROPRIATIONS TO DEFRAY THE EXPENSES OF THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS FOR MUNICIPAL PURPOSES DESIGNATED THE A ANNUAL APPROPRIATION BILL@ 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 (final action on this matter under Unfinished Business on March 3, 2008).

ORDINANCE Z-4-08 CONDIT. USE/851 S. ELMHURST:

Moved by Argus, seconded by Murphy, to advance to Second Reading and adopt Ordinance Z-4-08, AN ORDINANCE ALLOWING FOR A CONDITIONA USE PERMIT TO PERMIT A DRIVE-THRU FACILITY WITH FOUR LANES FOR TRAFFIC AS PART OF A FULL-SERVICE FINANCIAL INSTITUTION, AT 851 ELMHURST ROAD, DES PLAINES, ILLINOIS (Case 07-64-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.

EXECUTIVE SESSION:

Moved by Brookman, seconded by Murphy, to go into Executive Session to discuss personnel. 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.

The City Council recessed at 8:03 p.m.

The City Council reconvened at 9:06 p.m.

Roll call indicated the following aldermen present: Beauvais, Moylan, Murphy, Higgason, Brookman, Walsten, Smith, Argus.

PERSONNEL/EMPLOYMENT AGREEMENT FOR CITY MANAGER:

Moved by Brookman, seconded by Higgason, to concur with majority agreement in Executive Session to proceed as directed regarding the Employment Agreement for City Manager Jason Bajor and report back to the City Council in Executive Session on March 3, 2008. Motion declared carried.

ADJOURNMENT:

Moved by Murphy, seconded by Higgason, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 9:07 p.m.

Donna McAllister, MMC - CITY CLERK

APPROVED BY ME THIS

DAY OF , 2008

Anthony W. Arredia, MAYOR

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