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,
MONDAY, APRIL 7, 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 Monday, April 7, 2008.

ROLL CALL: Roll call indicated the following aldermen present: Moylan, Murphy, Higgason, Brookman, Walsten, Smith and Argus. Aldermen Beauvais was absent. Alderman Beauvais arrived in Executive Session at 6:15 p.m.

Also present were: City Manager Bajor, Acting Director of Finance Wisniewski, Police Chief Prandini, Deputy Fire Chief Eilken, Director of Engineering Oakley, Director of Public Works Dusckett, Director of Community & Economic Development Conlan, and City Attorney Wiltse.

EXECUTIVE SESSION:

Moved by Brookman, seconded by Murphy, to go into Executive Session to discuss collective bargaining and 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 6:01 p.m.

The City Council reconvened at 7:07 p.m.

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

PRAYER:

The opening prayer was given by Rev. Dr. Daryl Merrill, Sr., Christian Life Church, followed by the Pledge of Allegiance to the Flag.

CITIZEN PARTICIPA.:

Mr. Bruce Billmeyer, sole owner of 1401 Redeker Road, addressed the City Council and gave a rebuttal to the comments made by resident Brian Burkross on March 17, 2008 and several other meetings, regarding Mr. Billmeyer= s business; Stock Gears, Inc. is an on-going business which he purchased from his father in 1996; he takes great exception to Mr. Burkross= comments.

Mr. Andy Samborski, 2108 Sherwin Avenue, addressed the City Council stating that he is a proud member of the Knights of Columbus who are collecting money for their Wheelchair Foundation for Veterans; if there is anyone in need of a wheelchair, please contact him at (847) 296-1457.

Mr. Wayne Serbin, 835 Pearson Street, addressed the City Council stating that he was recently in Des Moines, Iowa and sat in on a State Legislators meeting; it was very interesting; they were not at each other= s throat like they do in Springfield.

Mr. John Burk, President of the Des Plaines Historical Society, addressed the City Council stating that he, Mayor Arredia, Alderman Moylan, and Historical Museum Director Matthiessen recently attended the annual Museum Day in Springfield; they set up a booth and met with our local legislators and gave them a PowerPoint presentation about the space needs for the Museum; it was very well received; help was promised for grants and additional funding.

COLLECTIVE BARGAINING/MAP COMMAND CHAPTER #241:

Resolution R-38-08

Moved by Beauvais, seconded by Brookman, to concur with consensus in Executive Session that City ratify the collective bargaining agreement with MAP (Metropolitan Alliance of Police) Command Chapter #241, for a period of four (4) years beginning January 1, 2007 and ending December 31, 2010; and further recommend to adopt Resolution R-38-08, A RESOLUTION RATIFYING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE COLLECTIVE BARGAINING AGREEMENT WITH THE METROPOLITAN ALLIANCE OF POLICE, DES PLAINES COMMAND CHAPTER #241. 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.

COLLECTIVE BARGAINING/COMPENSATION PLAN/MAP COMMAND CHAPTER #241:

Ordinance MC 10-08

Moved by Beauvais, seconded by Brookman, to concur with consensus in Executive Session and place on First Reading Ordinance MC 10-08, AN ORDINANCE AMENDING TITLE 1, A ADMINISTRATIVE,@ CHAPTER 8, A POSITION CLASSIFICATION AND COMPENSATION PLAN,@ SECTION 4 A., A ADOPTION OF COMPENSATION PLAN,@ SCHEDULE II, A PUBLIC SAFETY PERSONNEL-POLICE-UNION OF THE CITY CODE. Motion declared carried.

MUNICIPAL DEPARTMENTS UPDATE:

Ordinance MC 26-07

Moved by Brookman, seconded by Murphy, to POSTPONE until April 21, 2008 the matter of Municipal Departments Update and Ordinance MC 26-07, scheduled to be discussed under Committee of the Whole later in the meeting. Motion declared carried.

CONSENT AGENDA:

Alderman Murphy requested that Items 5 and 5a be removed from the Consent Agenda; Alderman Smith requested that Items 11 and 11a be removed and Alderman Argus requested that Item 18 be removed.

Moved by Beauvais, seconded by Murphy, to establish a Consent Agenda except for Items 5, 5a, 11, 11a and 18. Motion declared carried.

Moved by Brookman, seconded by Murphy, 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 MC 11-08 and MC 12-08 were placed on First Reading; and Resolutions R-40-08, R-41-08, R-42-08, R-43-08 and R-44-08 were adopted.

MINUTES:

Consent Agenda

Moved by Brookman, seconded by Murphy, to approve minutes of the regular meeting of the City Council held March 17, 2008, as published. Motion declared carried as approved unanimously under Consent Agenda.

Moved by Brookman, seconded by Murphy, to approve minutes of the Executive Session of the City Council held March 17, 2008. Motion declared carried as approved unanimously under Consent Agenda.

LIQ. LIC./965 S. ELMHURST RD.:

Consent Agenda

Ordinance M-11-08

Moved by Brookman, seconded by Murphy, to concur with Staff recommendation to amend Title 4, Chapter 4 - A Intoxicating Liquors,@ Section 4-4-5 of the City Code to add a new Class A - Tavern Liquors Dealers License for property located at 965 S. Elmhurst Road, d/b/a MGM Billiards II, contingent upon verification of fingerprints; and further recommend to place on First Reading Ordinance MC 11-08, AN ORDINANCE AMENDING TITLE 4, A BUSINESS REGULATIONS,@ CHAPTER 4, A INTOXICATING LIQUORS,@ SECTION 5, A LICENSE FEES AND NUMBER,@ OF THE DES PLAINES CITY CODE TO ADD ONE CLASS A LIQUOR LICENSE FOR ARA II, INC. D/B/A MGM BILLIARDS II LOCATED AT 965 SOUTH ELMHURST ROAD, DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda.

SALE OF CITY PROPERTY/NWMC AUCTION:

Consent Agenda

Ordinance M-12-08

Moved by Brookman, seconded by Murphy, to concur with Staff recommendation to authorize to sell by auction at the annual Northwest Municipal Conference Spring Vehicle & Equipment Auction to be held Saturday, May 3, 2008, 10:00 a.m., Arlington Heights Public Works Facility, Arlington Heights, IL 60005, various Public Works Department vehicles and equipment that is deemed no longer necessary or useful to or for the best interest of the City; and further recommend to place on First Reading Ordinance MC 12-08, AN ORDINANCE AUTHORIZING THE DISPOSITION OF PUBLIC PERSONAL PROPERTY IN ACCORDANCE WITH CITY CODE SECTION 1-12-4. Motion declared carried as approved unanimously under Consent Agenda.

FINAL PLAT/1426 S. WOLF ROAD:

Resolution R-39-08

Moved by Brookman, seconded by Moylan, to concur with recommendation of Des Plaines Plan Commission to approve Final Plat for Simona= s Subdivision, 1426 S. Wolf Road; Mayor and City Clerk be authorized to execute same; and further recommend to adopt Resolution R-39-08, A RESOLUTION APPROVING THE FINAL PLAT FOR SIMONA= S SUBDIVISION LOCATED AT 1426 SOUTH WOLF ROAD, DES PLAINES, ILLINOIS. Upon roll call, the vote was:

AYES: 5-Moylan, Higgason, Brookman, Smith, Argus

NAYS: 3-Beauvais, Murphy, Walsten

ABSENT: 0-None

Motion declared carried.

AMENDMENTS/ CDBG PY 2005-2009 CONSOLIDATED PLAN:

Consent Agenda

Resolution R-40-08

Moved by Brookman, seconded by Murphy, to concur with Staff recommendation to approve amendments to the Executive Summary of the Community Development Block Grant (CDBG) Program, PY 2005-2009 Consolidated Plan, (approved by the City Council on August 1, 2005 - Resolution R-123-05), to address New Local Regulatory Provisions as required by the U.S. Department of Housing & Urban Development (HUD); Mayor be authorized to submit same to HUD; and further recommend to adopt Resolution R-40-08, A RESOLUTION APPROVING AMENDMENTS TO THE CITY OF DES PLAINES= 2005-2009 CDBG CONSOLIDATED PLAN. Motion declared carried as approved unanimously under Consent Agenda.

AGREEMENT/COOK COUNTY ASSESSOR= S OFFICE GIS SYS.:

Consent Agenda

Resolution R-41-08

Moved by Brookman, seconded by Murphy, to concur with Staff recommendation that Mayor and City Clerk be authorized to execute A Agreement for Access to Geographic Information System@ with Cook County Assessor= s Office, 118 N. Clark Street, Room 314, Chicago, IL 60602, in order to receive access to Cook County Assessor= s Office Geographic Information System (GIS) for City= s GIS System; and further recommend to adopt Resolution R-41-08, A RESOLUTION AUTHORIZING THE CITY OF DES PLAINES TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE COOK COUNTY ASSESSOR TO ACCESS COOK COUNTY GEOGRAPHIC INFORMATION SYSTEM DATA. Motion declared carried as approved unanimously under Consent Agenda.

CONTRACT EXTENSION/PURCHASE OF GASOLINE & DIESEL FUEL:

Consent Agenda

Resolution R-42-08

Moved by Brookman, seconded by Murphy, to concur with Staff recommendation to approve second one (1) year extension of contract with Avalon Petroleum, 7601 W. 191st Street, Tinley Park, IL 60477 (contract approved by the City Council on April 17, 2006 and first extension approved on April 2, 2007 - Resolution R-54-07) for Purchase and Delivery of Gas and Diesel Fuel, at the 2006 over average price of $0.013 - for lead-free gasoline and $0.022 over average price for diesel fuel/Budgeted Funds; and further recommend to adopt Resolution R-42-08, A RESOLUTION APPROVING A ONE-YEAR EXTENSION OF AN AGREEMENT FOR GASOLINE AND DIESEL FUEL BETWEEN THE CITY OF DES PLAINES AND AVALON PETROLEUM COMPANY, INC. Motion declared carried as approved unanimously under Consent Agenda.

LEASE AGREEMENT/CELL TOWER & BASE STATION 1111 J. J. SCHWAB RD.:

Consent Agenda

Resolution R-43-08

Moved by Brookman, seconded by Murphy, to concur with Staff recommendation to authorize Mayor and City Clerk to execute A Lease Agreement@ and A Memorandum of Lease@ with Crown Castle GT Company, LLC, 2000 Corporate Drive, Canonsburg, PA 15317, for the continued location of a cell tower and base station on Public Works property, 1111 Joseph J. Schwab Road (lease formerly held by Ameritech Mobile Communications, Inc.); term of lease to be May 1, 2008 and expire on April 30, 2013, at a yearly fee of $23,000 with a 5% annual increase on May 1 of every year; and further recommend to adopt Resolution R-43-08, A RESOLUTION AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT AND MEMORANDUM OF LEASE BETWEEN CROWN CASTLE GT COMPANY, LLC AND THE CITY OF DES PLAINES FOR THE LOCATION OF A CELL TOWER AND BASE STATION AT 1111 JOSEPH J. SCHWAB ROAD. Motion declared carried as approved unanimously under Consent Agenda.

CITY-WIDE GARAGE SALE DAYS:

Consent Agenda

Resolution R-44-08

Moved by Brookman, seconded by Murphy, to concur with Staff recommendation to approve a A City-Wide Garage Sale@ for Des Plaines residents from May 2-4, 2008 for residents in zip code 60016, and May 16-18, 2008 for residents in zip code 60018; City waive all garage sale permit fees for those dates; and further recommend to adopt Resolution R-44-08, A RESOLUTION AUTHORIZING THE CITY OF DES PLAINES TO WAIVE THE PERMIT FEE FOR THE CITY-WIDE COMMUNITY GARAGE SALE. Motion declared carried as approved unanimously under Consent Agenda.

SOCIAL SVS. AGENCIES FUNDING:

Resolution R-45-08

Moved by Murphy, seconded by Beauvais, to concur with Staff recommendation to approve funding for Social Service Agencies/Organizations as follows:

Avenues to Independence $ 1,000

Bessie= s Table 3,086

Children= s Advocacy Center 2,215

D.P. Senior Center Meal Program 7,441

Journey from P.A.D.S. to HOPE 4,715

Kenneth Young Center 2,000

Maine Center, Inc. 4,515

North Shore Senior Center 7,051

N.W. Center Against Sexual Assault 2,615

N.W. Suburban Day Care Center 9,250

Rainbow Hospice 2,815

Self-Help Closet & Pantry of D.P. 9,601

Shelter, Inc. 2,265

Suburban Primary Health Care Council 1,750

The Center of Concern 6,701

The Harbour, Inc. 4,215

The Salvation Army-Comm. Counsel. Ctr. 3,000

The Volunteer Center 765

$75,000

Budgeted Funds. 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.

*Aldermen Higgason and Smith abstained from voting on funding for the Des Plaines Senior Center Meal Program (conflict of interest). 4/7/08

MEMBERSHIP RENEWAL/NEMRT POLICE DEPT.:

Consent Agenda

Moved by Brookman, seconded by Murphy, to concur with Staff recommendation to approve annual membership renewal with North East Multi-Regional Training, Inc. (NEMRT), 355 Smoke Tree Plaza, North Aurora, IL 60542, in the amount of $12,600/Budgeted Funds; NEMRT is the authorized mobile training unit for the Illinois Law Enforcement Training and Standards Board. Motion declared carried as approved unanimously under Consent Agenda.

PURCHASE/EXTRICATION EQUIPMENT FIRE DEPT.:

Consent Agenda

Moved by Brookman, seconded by Murphy, to concur with Staff recommendation to accept proposal from ESG, 570 N. Frontage Road, Bolingbrook, IL 60440, for purchase of two (2) sets of Holmatro Extrication Equipment in the amount of $60,541/FEMA Fire Act Grant Funds in the amount of $48,432.80 and $12,108.20 from Fire Department Budgeted Funds; and it would be in the best interest of the City that usual bid procedures be waived (ESG is the sole distributor of Holmatro equipment). Motion declared carried as approved unanimously under Consent Agenda.

PURCHASE/FORD VEHICLE FIRE DEPT.:

Consent Agenda

Moved by Brookman, seconded by Murphy, to concur with Staff recommendation to authorize purchase through the Northwest Municipal Conference Joint Purchasing Program of one (1) 2008 Ford Expedition EL for the Fire Department from Sutton Ford, 21315 Central Avenue, Matteson, IL 62707, in the amount of $33,646/Budgeted Funds. Motion declared carried as approved unanimously under Consent Agenda.

PURCHASE/SQUAD CARS:

Consent Agenda

Moved by Brookman, seconded by Murphy, to concur with Staff recommendation to authorize purchase through the State of Illinois Bid Program of 2008 Fleet as follows: seven (7) tu-tone 2008 Ford Crown Victoria Police Interceptor Squad Cars in the amount of $21,355 each (total $149,485), one (1) unmarked 2008 Ford Crown Victoria Police Interceptor Squad Car in the amount of $20,715, and three (3) unmarked 2008 Ford Crown Victoria Police Interceptor Squad Cars in the amount of $20,855 each (total $62,565), from Morrow Brothers Ford, Inc., RR 2 Box 120, Greenfield, IL 62044, in the total amount of $232,765/2008 CERF Budgeted Funds. Motion declared carried as approved unanimously under Consent Agenda.

PURCHASE/SUV VEHICLE POLICE DEPT.:

Consent Agenda

Moved by Brookman, seconded by Murphy, to concur with Staff recommendation to authorize purchase through the State of Illinois Bid Program for 2008 Fleet of one (1) tu-tone 2007 Chevrolet Tahoe SUV for supervisors in the Patrol Division from Miles Chevrolet, Inc., P.O. Box 3160, 150 W. Pershing Road, Decatur, IL 62524, in the amount of $27,531/2008 CERF Budgeted Funds. Motion declared carried as approved unanimously under Consent Agenda.

PURCHASE 4X4 VEHICLE PUB. WORKS DEPARTMENT:

Consent Agenda

Moved by Brookman, seconded by Murphy, to concur with Staff recommendation to authorize purchase through the Suburban Purchasing Cooperative of one (1) 2009 Ford Hybrid Escape 4x4 for the Public Works Department from Currie Motors, 9423 W. Lincoln Highway, Frankfort, IL 60423, in the amount of $26,125/2008 CERF Budgeted Funds. Motion declared carried as approved unanimously under Consent Agenda.

BID AWARD/2008 CIP RESURFACING & REHABILITA. MFT:

Moved by Moylan, seconded by Brookman, to concur with Staff recommendation and award bid for 2008 CIP - Resurfacing & Rehabilitation Improvement, MFT 08-00204-00-RS, to the lowest bidder, Arrow Road Construction, 3401 S. Busse Road, P.O. Box 334, Mt. Prospect, IL 60056, in the amount of $597,834/MFT Funds of $553,134 and Water Funds of $44,700. Upon roll call, the vote was:

AYES: 7-Beauvais, Moylan, Murphy, Higgason,

Brookman, Smith, Argus

NAYS: 0-None

ABSENT: 0-None

ABSTAIN:1-Walsten (conflict of interest)

Motion declared carried.

REAPPOINTMEN:

Presented for consideration (no action required) were the Mayoral reappointments to the ECONOMIC DEVELOPMENT COMMISSION of Barry Collins, and to the ZONING BOARD OF APPEALS of Joseph Catalano. Final action on this matter under Consent Agenda on April 21, 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 Murphy, seconded by Brookman, to recommend to the City Council approval of the April 7, 2008 - Warrant Register, in the total amount of $4,570,785.25, and further recommend that Resolution R-46-08 be adopted at appropriate time this evening. Motion declared carried.

LEGAL & LICENSING - Alderman Brookman, Chair

REVIEW/DEPARTMENT HEAD RESIDENCY:

Alderman Brookman reviewed Staff= s recommendation that the City Code be amended to delete references to A department heads@ and instead list each individual position applicable to the residency requirement; Staff also recommends that the position of Director of Human Resources and Services not be subject to the residency requirement as this position no longer exists as the duties and responsibility of this position have been divided between the current positions of Director of Human Resources and Director of Health and Human Services, which are each a Division under the supervision of the Assistant City Manager.

Alderman Murphy stated that the Director of Human Resources and Services is a Department Head position; it is an integral key position in the City; she has no problem with the rest of the ordinance; she would like this position reconsidered.

Alderman Moylan stated that he would like to see the Director of Finance removed from the residency requirement along with the Director of Human Resources and Services.

Alderman Argus stated that her residents feel that the City is circumventing the rules; they feel the Director of Human Resources and Services should be a resident.

Alderman Murphy stated for the record that she is 90% in favor of this ordinance, but she adamantly disagrees that the position of Director of Human Resources and Services should be removed from the residency requirement.

Mr. Wayne Serbin, 835 Pearson Street, addressed the Committee of the Whole stating that he doesn= t see why you are debating where the Director of Human Resources and Services lives as long as he does his job; there are more important things to worry about, like home foreclosures, taxes.

Moved by Walsten, seconded by Murphy, to concur with Staff recommendation and recommend to the City Council that the City Code be amended to delete references to A department heads@ and to continue to list the original positions subject to residency including the Director of Human Resources and Services (effective June 6, 2001); and Ordinance MC 13-08 - AS AMENDED be placed on First Reading at appropriate time this evening.

Moved by Moylan, seconded by Walsten, to adopt a SUBSTITUTE MOTION and recommend to the City Council that the City Code be amended to delete references to A department heads@ and approve the new recommended positions that would be subject to residency except for the position of Director of Finance; and Ordinance MC 13-08 - AS AMENDED, be placed on First Reading at appropriate time this evening.

Alderman Moylan= s motion to Call for the Question failed for lack of a second.

Upon roll call on the substitute motion, the vote was:

AYES: 4-Beauvais, Moylan, Brookman, Walsten

NAYS: 4-Murphy, Higgason, Smith, Argus

ABSENT: 0-None

MOTION DECLARED FAILED (a tie vote is a failed vote).

Upon roll call on the original motion, the vote was:

AYES: 4-Murphy, Higgason, Brookman, Walsten,

NAYS: 4-Beauvais, Moylan, Smith, Argus

ABSENT: 0-None

MOTION DECLARED FAILED (a tie vote is a failed vote)

DISSOLUTION/CABLE SVS. COMMISSION, KEEP D.P. COMMISSION, HUMAN SVS. ADVISORY COMMISSION:

Alderman Brookman stated that the dissolution of the Cable Services Commission, Keep Des Plaines Beautiful Commission and the Human Services Advisory Commission was referred back to staff on August 20, 2007 for further review; the Staff continues to agree that these Commissions are effectively inactive and should be removed from the City= s ordinances.

Alderman Murphy stated that perhaps one of these Commissions could be replaced with a new Downtown Beautification Commission. City Manager Bajor said an advisory or ad hoc committee could be appointed.

Mr. Ronald Moore, 1480 Jefferson Street, addressed the Committee of the Whole asking that if the Cable Services Commission is eliminated, who is going to be in charge of cable services. City Manager Bajor said the City has hired a Media Coordinator who will be starting on May 1, 2008.

Moved by Beauvais, seconded by Murphy, to concur with Staff recommendation and recommend to the City Council that the City Code be amended to delete the Cable Services Commission; and Ordinance MC 14-08 be placed on First Reading at appropriate time this evening. Motion declared carried.

Moved by Beauvais, seconded by Murphy, to concur with Staff recommendation and recommend to the City Council that the City Code be amended to delete the Keep Des Plaines Beautiful Commission; and Ordinance MC 15-08 be placed on First Reading at appropriate time this evening. Motion declared carried.

Moved by Beauvais, seconded by Murphy, to concur with Staff recommendation and recommend to the City Council that the City Code be amended to delete the Human Services Advisory Commission; and Ordinance MC 16-08 be placed on First Reading at appropriate time this evening. Motion declared carried.

PUBLIC SAFETY - Alderman Beauvais, Chair

SELECTION OF CONSULTANT/NEW 9-1-1 TELEPHONE SYS. EQUIP.:

Director of Emergency Communications Ornberg reviewed her request for a consultant to provide services for the procurement of new 9-1-1 Telephone System Equipment and Uninterruptible Power Source (UPS).

Moved by Brookman, seconded by Higgason, to concur with Staff recommendation and recommend to the City Council acceptance of proposal from L. Robert Kimball & Associates, 328 Innovation Boulevard, Suite 222, State College, PA 16803, to perform Consulting Services for the procurement of 9-1-1 Telephone System Equipment and Uninterruptible Power Source, at a cost of $79,968/Budgeted Funds; and further recommend to adopt Resolution R-47-08 at appropriate time later in the meeting. Motion declared carried.

COMMUNITY SERVICES - Alderman Moylan, Chair

SPECIAL EVENTS COMMISSION/ADDITIONAL FUNDING:

Alderman Moylan reviewed a request from the Special Events Commission for an additional $20,000 which would bring the total financial support from the City to $30,000 in 2008; the Commission believes the additional amount is needed to adequately initiate most of the events, i.e. Taste of Des Plaines, the July 4th Celebration, New Year= s Eve on the Plaza.

Special Events Commission Chairman Linda Forman addressed the Committee of the Whole and answered questions from the aldermen.

Moved by Beauvais, seconded by Higgason, to concur with recommendation of Special Events Commission and recommend to the City Council that additional funding in the amount of $20,000/Escrow Funds, be provided to the Special Events Commission to help support their many events in 2008. Motion declared carried. Alderman Argus voted no.

COMMUNITY DEVELOPMENT - Alderman Murphy, Chair

ZONING CASE 07-63-A REZONING/1909 TOUHY and FINAL PLAT/BUCKINGHAM COURT SUB. 1909 TOUHY:

Alderman Murphy stated that these requests were never brought to the Community Development Committee for review; the aldermen are not familiar with these matters.

Moved by Beauvais, seconded by Murphy, to recommend to the City Council that Zoning Case 07-63-A regarding request for rezoning of property located at 1909 Touhy Avenue - Ordinance Z-12-08, and request for approval of Final Plat for Buckingham Court Subdivision, 1909 Touhy Avenue - Resolution R-48-08 be REFERRED BACK TO COMMITTEE for review. Motion declared carried.

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

ADOPTION OF DES PLAINES RESPONSE PLAN:

Resolution R-33-08

(Postponed 3/17/08)

Moved by Murphy, seconded by Brookman, to concur with Staff recommendation to authorize City to adopt Response Plan for the City of Des Plaines which is a necessary component of the National Incident Management System of the Homeland Security Act to effectively respond to emergencies; and further recommend to adopt Resolution R-33-08, A RESOLUTION AUTHORIZING THE ADOPTION OF THE RESPONSE PLAN FOR THE CITY OF DES PLAINES. 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.

LIQ. LIC./1526 MINER:

Ordinance M-7-08

Alderman Beauvais stated that she has received calls from both businesses and residents who are dissatisfied with the proposed liquor license for 1526 Miner Street; there is no parking; that is the big issue.

Alderman Murphy stated that patrons will have to walk from the parking deck; that will just not work; she is changing her vote because of the parking.

Moved by Beauvais, seconded by Murphy, to deny request to add one (1) new Class A Tavern Liquors Dealers License for property located at 1526 Miner Street, d/b/a Karma Karaoke Bar, and VOID Ordinance MC 7-08.

Moved by Higgason, seconded by Murphy, to suspend the rules to permit public input on this matter. Motion declared carried.

Petitioner Agrim Shah addressed the City Council stating that he is not expecting people to drive to his bar; this would be for people living in the area; they will walk to his bar; parking will not be an issue; he will be on site all the time; this is an investment property; he will be quitting his job to run this bar.

Mr. Wayne Serbin, 835 Pearson Street, addressed the City Council stating that everyone knew that there would be loud noise; this man was led to believe that he would get this license; liquor licenses should be discussed under Committee of the Whole and not put on the Consent Agenda.

Helen, who resides at 636 S. River Road, addressed the City Council asking what would be the ages of the people coming into this bar. Mr. Shah said the ages would vary; he doesn= t think age is important; he would have a security person there all the time.

Helen stated that Mr. Shah does not have experience in this business; people will not park in the garage; our City is classier than this.

Mr. Ronald Moore, 1480 Jefferson Street, addressed the City Council stating that he doesn= t know how Mr. Shah could control the noise; noise travels.

Mr. Joseph Markhay, 2945 W. Peterson Avenue, Suite 208, Chicago, IL 60659, a real estate broker, addressed the City Council stating that he has been trying to fill this property but it has been difficult with the bad economy; parking will not be a big problem.

Mr. Don Oswald, 4372 N. Neeva, Norwich, IL, addressed the City Council stating that he knows Mr. Shah very well; you can be assured that this place will be run very well.

Upon roll call on the motion to DENY, the vote was:

AYES: 6-Beauvais, Moylan, Murphy,

Brookman, Walsten, Argus

NAYS: 2-Higgason, Smith

ABSENT: 0-None

Motion declared carried.

ORDINANCE MC 9-08 AUTOMATED RED LIGHT CAMERA ENFORCEMENT:

Moved by Beauvais, seconded by Higgason, to adopt Ordinance MC 9-08, AN ORDINANCE AMENDING TITLE 7, A MOTOR VEHICLES AND TRAFFIC.@ OF THE DES PLAINES CITY CODE BY ADDING CHAPTER 12, A AUTOMATED TRAFFIC LAW ENFORCEMENT SYSTEM.@ Upon roll call, the vote was:

AYES: 7-Beauvais, Moylan, Murphy,

Higgason, Walsten, Smith, Argus

NAYS: 1-Brookman

ABSENT: 0-None

Motion declared carried.

ORDINANCE Z-8-08 AS AMENDED VARIATION/2100 TOUHY:　

Moved by Brookman, seconded by Higgason, to adopt Ordinance Z-8-08 - AS AMENDED, AN ORDINANCE AUTHORIZING A MAJOR VARIATION TO SECTION 7.3-6 C. OF THE CITY OF DES PLAINES ZONING ORDINANCE TO PERMIT THE CONSTRUCTION OF CAR WASH AND CONVENIENCE STORE ON A LOT WITH A TOTAL AREA OF 19,729 SQUARE FEET, INSTEAD OF THE REQUIRED 25,000 SQUARE FEET, AT 2100 EAST TOUHY AVENUE, DES PLAINES, ILLINOIS (Case 07-89-V). Upon roll call, the vote was:

AYES: 7-Moylan, Murphy, Higgason,

Brookman, Walsten, Smith, Argus

NAYS: 1-Beauvais

ABSENT: 0-None

Motion declared carried.

ORDINANCE Z-11-08 TEXT AMEND./OFF-STREET PARKING REQUIREMENT:

Moved by Brookman, seconded by Murphy, to adopt Ordinance Z-11-08, AN ORDINANCE AUTHORIZING A TEXT AMENDMENT TO 9.7, A OFF-STREET PARKING REQUIREMENTS,@ OF THE CITY OF DES PLAINES ZONING CODE. Upon roll call, the vote was:

AYES: 7-Beauvais, Moylan, Murphy, Higgason,

Brookman, Walsten, Argus

NAYS: 1-Smith

ABSENT: 0-None

Motion declared carried.

ORDINANCE MC 10-08 COMPENSATION PLAN/MAP CHAPTER #241:

Moved by Beauvais, seconded by Brookman, to advance to Second Reading and adopt Ordinance MC 10-08, AN ORDINANCE AMENDING TITLE 1, A ADMINISTRATIVE,@ CHAPTER 8, A POSITION CLASSIFICATION AND COMPENSATION PLAN,@ SECTION 4 A., A ADOPTION OF COMPENSATION PLAN,@ SCHEDULE 11, A PUBLIC SAFETY PERSONNEL-POLICE-UNION@ OF THE 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.

WARRANT REGISTER:

Resolution R-46-08

Moved by Smith, seconded by Walsten, to concur with recommendation of Committee of the Whole to adopt Resolution R-46-08, 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: $4,570,785.25. 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.

DEPARTMENT HEAD RESIDENCY:

Ordinance M-13-08

Moved by Brookman, seconded by Murphy, to concur with recommendation of Committee of the Whole that the City Code be amended to delete references to A department heads@ and to continue to list the original positions subject to residency including the Director of Human Resources and Services (effective June 6, 2001); and further recommend to place on First Reading Ordinance MC 13-08 - AS AMENDED, AN ORDINANCE AMENDING TITLE 1, A ADMINISTRATIVE@ CHAPTER 7, A CITY OFFICIALS@ SECTION 8, A DEPARTMENT HEAD RESIDENCY@ OF THE DES PLAINES CITY CODE.

Moved by by Moylan, seconded by Beauvais, to adopt a SUBSTITUTE MOTION that the City Code be amended to delete references to A department heads@ and approve the new recommended positions that would be subject to residency except for the position of Director of Finance, and proposed Ordinance MC 13-08 be amended accordingly. Upon roll call, the vote was:

AYES: 5-Beauvais, Moylan, Brookman, Walsten, Arredia

NAYS: 4-Murphy, Higgason, Smith, Argus

ABSENT: 0-None

Motion declared carried.

Moved by Beauvais, seconded by Moylan, to place on First Reading Ordinance MC 13-08 - AS AMENDED, AN ORDINANCE AMENDING TITLE 1, A ADMINISTRATIVE,@ CHAPTER 7, A CITY OFFICIALS,@ SECTION 8, A DEPARTMENT HEAD RESIDENCY@ OF THE DES PLAINES CITY CODE. Upon roll call, the vote was:

AYES: 5-Beauvais, Moylan, Brookman, Walsten, Arredia

NAYS: 4-Murphy, Higgason, Smith, Argus

ABSENT: 0-None

Motion declared carried (further action on this matter under Unfinished Business on April 21, 2008).

DISSOLUTION/CABLE SVS. COMMISSION:

Ordinance M-14-08

Moved by Brookman, seconded by Walsten, to concur with recommendation of Committee of the Whole that the City Code be amended to delete the Cable Services Commission; and further recommend to place on First Reading Ordinance MC 14-08, AN ORDINANCE DELETING CHAPTER 12, A CABLE SERVICES COMMISSION,@ FROM TITLE 2, A BOARDS AND COMMISSIONS,@ OF THE CITY OF DES PLAINES CITY CODE. Motion declared carried.

DISSOLUTION/KEEP DES PLAINES BEAUTIFUL COMMISSION:

Ordinance M-15-08

Moved by Brookman, seconded by Higgason, to concur with recommendation of Committee of the Whole that the City Code be amended to delete the Keep Des Plaines Beautiful Commission; and further recommend to place on First Reading Ordinance MC 15-08, AN ORDINANCE DELETING CHAPTER 15, A KEEP DES PLAINES BEAUTIFUL COMMISSION,@ FROM TITLE 2, A BOARDS AND COMMISSIONS,@ OF THE CITY OF DES PLAINES CITY CODE. Motion declared carried.

DISSOLUTION/HUMAN SERVICES ADVISORY COMMISSION:

Ordinance M-16-08

Moved by Brookman, seconded by Higgason, to concur with recommendation of Committee of the Whole that the City Code be amended to delete the Human Services Advisory Commission; and further recommend to place on First Reading Ordinance MC 16-08, AN ORDINANCE DELETING CHAPTER 9, A HUMAN SERVICES ADVISORY COMMISSION,@ FROM TITLE 2, A BOARDS AND COMMISSIONS,@ OF THE CITY OF DES PLAINES CITY CODE. Motion declared carried.

CONSULTANT/NEW 9-1-1 TELEPHONE SYSTEM EQUIPMENT:

Resolutiuon R-47-08

Moved by Beauvais, seconded by Brookman, to concur with recommendation of Committee of the Whole to accept proposal from L. Robert Kimball & Associates, 328 Innovation Boulevard, Suite 222, State College, PA 16803, to perform Consulting Services for the procurement of 9-1-1 Telephone System Equipment and Uninterruptible Power Source, at a cost of $79,968/Budgeted Funds; and further recommend to adopt Resolution R-47-08, A RESOLUTION AUTHORIZING THE EXECUTION OF A PROFESSIONAL SERVICE CONTRACT BETWEEN THE NORTH SUBURBAN EMERGENCY COMMUNICATIONS CENTER AND L. ROBERT KIMBALL FOR TELECOMMUNICATIONS 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.

SPECIAL EVENTS COMMISSION/ADDITIONAL FUNDING:

Moved by Moylan, seconded by Brookman, to concur with recommendation of Committee of the Whole that additional funding in the amount of $20,000/Escrow Funds, be provided to the Special Events Commission to help support their many events in 2008. Upon roll call, the vote was:

AYES: 7-Beauvais, Moylan, Murphy, Higgason,

Brookman, Walsten, Smith

NAYS: 1-Argus

ABSENT: 0-None

Motion declared carried.

ZONING CASE 07-63-A REZONING/1909 TOUHY:

Ordinance Z-12-08

Moved by Murphy, seconded by Walsten, to concur with recommendation of Committee of the Whole that Zoning Case 07-63-A regarding request for rezoning of property located at 1909 Touhy Avenue and Ordinance Z-12-08, be REFERRED BACK TO COMMITTEE for review. Motion declared carried.

FINAL PLAT/BUCKINGHAM COURT SUBDI. 1909 TOUHY:

Resolution R-48-08

Moved by Murphy, seconded by Argus, to concur with recommendation of Committee of the Whole that request for approval of Final Plat for Buckingham Court Subdivision, 1909 Touhy Avenue and Resolution R-48-08, be REFERRED BACK TO COMMITTEE for review. Motion declared carried.

PETITIONS/REMEDY NOISE POLLUTION:

Mayor Arredia referred to Staff for review and report petitions presented by Alderman Beauvais to the City Clerk= s Office on April 1, 2008 and additional petitions received thereafter, from residents asking that the City take measures to remedy the serious issue of noise pollution.

ADJOURNMENT:

Moved by Brookman, seconded by Beauvais, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 10:00 p.m.

Donna McAllister, MMC - CITY CLERK

APPROVED BY ME THIS

DAY OF , 2008

Anthony W. Arredia, MAYOR

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