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, DECEMBER 17, 2007

CALL TO ORDER: The regular meeting of the City Council of the City of Des Plaines, Illinois, was called to order by Mayor Anthony W. Arredia at 6:00 p.m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Monday, December 17, 2007.

ROLL CALL: Roll call indicated the following aldermen present: Moylan, Walsten, Smith and Argus. Aldermen Beauvais, Murphy, Higgason and Brookman were absent. Aldermen Beauvais, Higgason and Brookman arrived in Executive Session at 6:02 p.m. Alderman Murphy arrived in Executive Session at 6:07 p.m.

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

PRAYER:

The opening prayer was given by Father Demetri Kounavis, St. John The Baptist Greek Orthodox Church, followed by the Pledge of Allegiance to the Flag.

PUBLIC HEARING/CDBG ANNUAL PERF. RPT.:

CALL TO ORDER:

Mayor Arredia called the Public Hearing to order at 7:06 p.m. The Public Hearing was being held pursuant to legal notice to give citizens the opportunity to comment on the City= s Consolidated Annual Performance and Evaluation Report (CAPER) for Program Year 2006-07, detailing the City= s use of Community Development Block Grant (CDBG) Funds, beginning October 1, 2006 and ending September 30, 2007.

DISCUSSION:

Director of Community & Economic Development Conlan gave a brief overview.

Mayor Arredia asked for comments from the aldermen and the public. There were none. Final action on this matter under Items 7 and 7a on the Consent Agenda this evening.

The Public Hearing was adjourned at 7:07 p.m.

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

C.O. #1/ROOF REPLACE. POLICE STA.:

Moved by Argus, seconded by Moylan, to POSTPONE until January 7, 2007, discussion on approval of Change Order #1 to contract with Singles Roofing Company, Inc., 345 S. Willard Avenue, Elgin, IL 60121, for Roof Replacement at Des Plaines Police Station. Motion declared carried.

CITIZEN PARTICIPA.:

Ms. Pam Lunsmann, 1741 Central Road, addressed the City Council stating that she is a employee of the City and an active member of the AFSCME Union; AFSCME is dedicated to providing a high level of service to the residents of Des Plaines; the people deserve no less; we perform our jobs on the highest level; we expect to receive a fair and equitable agreement with the City.

CONSENT AGENDA:

City Clerk McAllister requested that Items 4 and 4a be removed from the Consent Agenda.

Moved by Murphy, seconded by Beauvais, to establish a Consent Agenda except for Items 4 and 4a. Motion declared carried.

Moved by Murphy, seconded by Argus, to approve the Consent Agenda. Upon roll call, the vote was:

AYES: 8-Beauvais, Moylan, Murphy, Higgason,

Brookman, Walsten, Smith, Argus

NAYS: 0-None

ABSENT: 0-None

Motion declared carried. Minutes were approved; Staff recommendations and requests were approved; Ordinances MC 71-07, MC 72-07, MC 73-07, MC 74-07, MC 75-07, MC 76-07, MC 77-07, MC 78-07, MC 79-07, MC 80-07, MC 81-07, M-82-07, MC 83-07, MC 84-07, MC 85-07, MC 86-07, MC 87-07, MC 88-07, MC 89-07, MC 90-07 and MC 91-07 were adopted; Ordinances MC 98-07, MC 99-07 and Z-30-07 were placed on First Reading; and Resolutions R-159-07, R-160-07, R-161-07 and R-162-07 were adopted.

MINUTES:

Consent Agenda

Moved by Murphy, seconded by Argus, to approve minutes of the regular meeting of the City Council held December 3, 2007, as published. Motion declared carried as approved unanimously under Consent Agenda.

LIQ. LIC./1471 LEE ST.:

Consent Agenda

Ordinance MC 98-07

Moved by Murphy, seconded by Argus, 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 B Bulk Sales Dealers Liquor License for property located at 1471 Lee Street, d/b/a Prestige Wine & Spirits; contingent upon verification of fingerprints; and further recommend to place on First Reading Ordinance MC 98-07, 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 B LIQUOR LICENSE FOR SOKKAS, INC. D/B/A PRESTIGE WINE & SPIRITS LOCATED AT 1471 LEE STREET, DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda.

LIQ. LIC./1591 LEE ST.:

Consent Agenda

Ordinance M-99-07

Moved by Murphy, seconded by Argus, 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 1591 Lee Street, d/b/a Tiki Terrace; contingent upon verification of fingerprints; and further recommend to place on First Reading Ordinance MC 99-07, 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 B LIQUOR LICENSE FOR TIKI TERRACE, LLC D/B/A TIKI TERRACE LOCATED AT 1591 LEE STREET, DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda.

ZONING CASE 07-71-CU-V CONDIT. USE & VARIATION/1101 OAKTON:

Ordinance Z-29-07

Moved by Murphy, seconded by Brookman, to REFER BACK TO STAFF for further review Zoning Case 07-71-CU-V to permit existing restaurant to be demolished and new Class B (Fast Food) Restaurant with customer seating for 90 persons, new double drive-through and Parking Variation to permit 27 on-site parking spaces instead of the required 38 parking spaces, and Ordinance Z-29-07. Motion declared carried.

ZONING CASE 07-75-CU CONDIT. USE/820 ELMHURST:

Consent Agenda

Ord. Z-30-07

Moved by Murphy, seconded by Argus, to concur with recommendation of Des Plaines Zoning Board of Appeals, re Zoning Case 07-75-CU, to grant request for Conditional Use, with conditions, to permit Class B (Fast Food) Restaurant with customer seating for 20 persons in C-3 General Commercial District on property located at 820 S. Elmhurst Road; and further recommend to place on First Reading Ordinance Z-30-07, AN ORDINANCE ALLOWING FOR CONDITIONAL USE PERMIT TO PERMIT A CLASS B RESTAURANT WITH CUSTOMER SEATING FOR 20 PERSONS AT 820 ELMHURST ROAD, DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda.

CONSTRUCTION ON STATE R-0-W/PERMITS AND BOND:

Consent Agenda

Resolution R-159-07

Moved by Murphy, seconded by Argus, to concur with Staff recommendation to authorize City to provide Illinois Department of Transportation (IDOT) with a resolution to serve as surety bond and permit for repairs to public utilities (street lights, traffic signals, water mains, sanitary and storm sewers, etc.) located within State Right-of-Ways, for the years 2008 and 2009 (previously approved by the City for a five (5)-year period on April 7, 2003 - Resolution R-38-03); and further recommend to adopt Resolution R-159-07, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DES PLAINES, PLEDGING AND GUARANTEEING THAT ALL CONSTRUCTION, OPERATION AND MAINTENANCE OF VARIOUS STREET IMPROVEMENTS ON STATE HIGHWAYS MAINTAINED BY THE CITY ARE PERFORMED IN ACCORDANCE WITH PERMITS GRANTED BY THE STATE OF ILLINOIS DEPARTMENT OF TRANSPORTATION. Motion declared carried as approved unanimously under Consent Agenda.

2006 CDBG ANNUAL PERF. & EVALUATION REPORT (CAPER):

Consent Agenda

Resolution R-160-07

Moved by Murphy, seconded by Argus, to concur with Staff recommendation to approve 2006 Consolidated Annual Performance and Evaluation Report (CAPER) for Community Development Block Grant (CDBG) Program Year - October 1, 2006 to September 30, 2007; City Clerk be authorized to submit the report to the U.S. Department of Housing and Urban Development (HUD) no-later-than December 27, 2007; and further recommend to adopt Resolution R-160-07, A RESOLUTION REQUESTING APPROVAL FROM THE CITY OF DES PLAINES CITY COUNCIL OF THE CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT (CAPER) FOR PROGRAM YEAR 2006, A REPORT IN CONJUNCTION WITH THE ANNUAL COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. Motion declared carried as approved unanimously under Consent Agenda.

PURCHASE/WATER METERS & PARTS/BADGER MTRS:

Consent Agenda

Resolution R-161-07

Moved by Murphy, seconded by Argus, to concur with Staff recommendation to authorize purchase of water meters and repair parts from Badger Meters, Inc., 4545 W. Brown Deer Road, Milwaukee, WI 53225, on an A as needed@ basis throughout the year at a cost not-to-exceed $80,000/Budgeted Funds; it would be in the best interest of the City that usual bid procedures be waived because Badger Meters, Inc. has provided meters to the City since 1977 and approximately 95% of the City meters are Badger; and further recommend to adopt Resolution R-161-07, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DES PLAINES TO WAIVE PURCHASING POLICIES AND GUIDELINES TO PURCHASE WATER METERS AND REPAIR PARTS FROM BADGER METERS, INC. FOR THE CITY OF DES PLAINES. Motion declared carried as approved unanimously under Consent Agenda.

LAND LEASE RENEWAL/520 S. D.P. RIVER/ELKS LODGE:

Consent Agenda

Resolution R-162-07

Moved by Murphy, seconded by Argus, to concur with Staff recommendation that City Manager be authorized to execute A Land Lease for 520 D.P. River Road@ with Des Plaines Elks Lodge #1526, 495 Lee Street, Des Plaines, for renewal of Land Lease Agreement (approved by the City Council on February 5, 2007 - Resolution R-25-07 and renewed on May 7, 2007 - Resolution R-77-07) to permit temporary parking on property located at 520 S. Des Plaines River Road, until May 31, 2008; and further recommend to adopt Resolution R-162-07, A RESOLUTION AUTHORIZING THE EXECUTION OF A TEMPORARY LAND LEASE BETWEEN THE CITY OF DES PLAINES AND DES PLAINES ELKS LODGE #1526 FOR PROPERTY LOCATED AT 520 D.P. RIVER ROAD. Motion declared carried as approved unanimously under Consent Agenda.

ALERTS SYS. AGREEMENT/POLICE DEPT.:

Consent Agenda

Moved by Murphy, seconded by Argus, to concur with Staff recommendation to authorize payment to Illinois Public Safety Agency Network, 231963 Momentum Place, Chicago, IL 60689, for ALERTS System for Police Mobile Data Terminal, January 1, 2008 through July 1, 2008, in the amount of $10,170/2008 Budget Funds. Motion declared carried as approved unanimously under Consent Agenda.

ORDINANCE  M-71-07 YEAR 2007 TAX LEVY/SPEC. SVS. AREA #4:

Consent Agenda

Moved by Murphy, seconded by Argus, to adopt Ordinance MC 71-07, AN ORDINANCE LEVYING TAXES FOR SPECIAL SERVICE AREA NUMBER FOUR OF THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2008 AND ENDING DECEMBER 31, 2008. Motion declared carried as approved unanimously under Consent Agenda.

ORDINANCE M-72-07 YEAR 2007 TAX LEVY/SPEC. SVS.  AREA #5:

Consent Agenda

Moved by Murphy, seconded by Argus, to adopt Ordinance MC 72-07, AN ORDINANCE LEVYING TAXES FOR SPECIAL SERVICE AREA NUMBER FIVE OF THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2008 AND ENDING DECEMBER 31, 2008. Motion declared carried as approved unanimously under Consent Agenda.

ORDINANCE M-73-07 YEAR 2007 TAX LEVY/SPEC. SVS. AREA #6:

Consent Agenda

Moved by Murphy, seconded by Argus, to adopt Ordinance MC 73-07, AN ORDINANCE LEVYING TAXES FOR SPECIAL SERVICE AREA NUMBER SIX OF THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS, FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2008 AND ENDING DECEMBER 31, 2008. Motion declared carried as approved unanimously under Consent Agenda.

ORDINANCE M-74-07 YEAR 2007 TAX LEVY/SPEC. SVS. AREA #7:

Consent Agenda

Moved by Murphy, seconded by Argus, to adopt Ordinance MC 74-07, AN ORDINANCE LEVYING TAXES FOR SPECIAL SERVICE AREA NUMBER SEVEN OF THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2008 AND ENDING DECEMBER 31, 2008. Motion declared carried as approved unanimously under Consent Agenda.

ORDINANCE M-75-07 YEAR 2007 TAX LEVY/SPEC. SVS. AREA #8:

Consent Agenda

Moved by Murphy, seconded by Argus, to adopt Ordinance MC 75-07, AN ORDINANCE LEVYING TAXES FOR SPECIAL SERVICE AREA NUMBER EIGHT OF THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2008 AND ENDING DECEMBER 31, 2008. Motion declared carried as approved unanimously under Consent Agenda.

ORDINANCE M-76-07 YEAR 2007 TAX LEVY/SPEC. SVS. AREA #9:

Consent Agenda

Moved by Murphy, seconded by Argus, to adopt Ordinance MC 76-07, AN ORDINANCE LEVYING TAXES FOR SPECIAL SERVICE AREA NUMBER NINE OF THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2008 AND ENDING DECEMBER 31, 2008. Motion declared carried as approved unanimously under Consent Agenda.

ORDINANCE M-77-07 YEAR 2007 TAX LEVY/SPEC. SVS. AREA #10:

Consent Agenda

Moved by Murphy, seconded by Argus, to adopt Ordinance MC 77-07, AN ORDINANCE LEVYING TAXES FOR SPECIAL SERVICE AREA NUMBER TEN OF THE CITY OF DES PLAINES COOK COUNTY, ILLINOIS FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2008 AND ENDING DECEMBER 31, 2008. Motion declared carried as approved unanimously under Consent Agenda.

ORDINANCE M-78-07 ABATEMENT/YEAR 1996A GO BONDS:

Consent Agenda

Moved by Murphy, seconded by Argus, to adopt Ordinance MC 78-07, ABATEMENT OF THE 2007 TAX LEVY FOR GENERAL OBLIGATION CORPORATE PURPOSE BONDS SERIES 1996A. Motion declared carried as approved unanimously under Consent Agenda.

ORDINANCE M-79-07 ABATEMENT/YEAR 1999 GO BONDS:

Consent Agenda

Moved by Murphy, seconded by Argus, to adopt Ordinance MC 79-07, ABATEMENT OF THE 2007 TAX LEVY FOR THE 1999 GENERAL OBLIGATION CORPORATE PURPOSE BONDS. Motion declared carried as approved unanimously under Consent Agenda.

ORDINANCE M-80-07 ABATEMENT/YEAR 2000 GO BONDS:

Consent Agenda

Moved by Murphy, seconded by Argus, to adopt Ordinance MC 80-07, ABATEMENT OF THE 2007 TAX LEVY FOR THE 2000 GENERAL OBLIGATION CORPORATE PURPOSE BONDS. Motion declared carried as approved unanimously under Consent Agenda.

ORDINANCE M-81-07 ABATEMENT/YEAR 2001 GO BONDS:

Consent Agenda

Moved by Murphy, seconded by Argus, to adopt Ordinance MC 81-07, ABATEMENT OF THE 2007 TAX LEVY FOR THE 2001 GENERAL OBLIGATION CORPORATE PURPOSE BONDS. Motion declared carried as approved unanimously under Consent Agenda.

ORDINANCE M-82-07 ABATEMENT/YEAR 2001C GO BONDS:

Consent Agenda

Moved by Murphy, seconded by Argus, to adopt Ordinance MC 82-07, ABATEMENT OF THE 2007 TAX LEVY FOR THE 2001 GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 2001C. Motion declared carried as approved unanimously under Consent Agenda.

ORDINANCE M-83-07 ABATEMENT/YEAR 2002A GO BONDS:

Consent Agenda

Moved by Murphy, seconded by Argus, to adopt Ordinance MC 83-07, ABATEMENT OF THE 2007 TAX LEVY FOR GENERAL OBLIGATION CORPORATE PURPOSE BONDS SERIES 2002A. Motion declared carried as approved unanimously under Consent Agenda.

ORDINANCE M-84-07 ABATEMENT/YEAR 2003A & 2003C GO BONDS:

Consent Agenda

Moved by Murphy, seconded by Argus, to adopt Ordinance MC 84-07, ABATEMENT OF THE 2007 TAX LEVY FOR THE 2003 GENERAL OBLIGATION CORPORATE PURPOSE BONDS, SERIES 2003A AND SERIES 2003C. Motion declared carried as approved unanimously under Consent Agenda.

ORDINANCE M-85-07 ABATEMENT/YEAR 2003B GO BONDS:

Consent Agenda

Moved by Murphy, seconded by Argus, to adopt Ordinance MC 85-07, ABATEMENT OF THE 2007 TAX LEVY FOR THE 2003 GENERAL OBLIGATION CORPORATE PURPOSE REFUNDING BONDS, SERIES 2003B. Motion declared carried as approved unanimously under Consent Agenda.

ORDINANCE M-86-07 ABATEMENT/YEAR 2003D GO BONDS:

Consent Agenda

Moved by Murphy, seconded by Argus, to adopt Ordinance M-86-07, ABATEMENT OF THE 2007 LEVY FOR THE 2003 TAXABLE GENERAL OBLIGATION REFUNDING BONDS, SERIES 2003D. Motion declared carried as approved unanimously under Consent Agenda.

ORDINANCE M-87-07 ABATEMENT/YEAR 2004A & 2004B GO BONDS:

Consent Agenda

Moved by Murphy, seconded by Argus, to adopt Ordinance MC 87-07, ABATEMENT OF THE 2007 TAX LEVY FOR THE 2004 GENERAL OBLIGATION BONDS, SERIES 2004A AND SERIES 2004B. Motion declared carried as approved unanimously under Consent Agenda.

ORDINANCE  M-88-07 ABATEMENT/YEAR 2005A, B & C GO BONDS:

Consent Agenda

Moved by Murphy seconded by Argus, to adopt Ordinance MC 88-07, ABATEMENT OF THE 2007 TAX LEVY FOR THE 2005 GENERAL OBLIGATION BONDS, SERIES 2005A, SERIES 2005B AND SERIES 2005C. Motion declared carried as approved unanimously under Consent Agenda.

ORDINANCE M-89-07 ABATEMENT/YEAR 2005E, F & G GO BONDS:

Consent Agenda

Moved by Murphy, seconded by Argus, to adopt Ordinance MC 89-07, ABATEMENT OF THE 2007 TAX LEVY FOR THE 2005 GENERAL OBLIGATION BONDS, SERIES 2005E, SERIES 2005F AND SERIES 2005G. Motion declared carried as approved unanimously under Consent Agenda.

ORDINANCE  M-90-07 ABATEMENT/YEAR 2005D GO BONDS:

Consent Agenda

Moved by Murphy, seconded by Argus, to adopt Ordinance MC 90-07, ABATEMENT OF THE 2007 TAX LEVY FOR THE 2005 TAXABLE GENERAL OBLIGATION REFUNDING BONDS, SERIES 2005D. Motion declared carried as approved unanimously under Consent Agenda.

ORDINANCE M-91-07 ABATEMENT/YEAR 2007A & B GO BONDS:

Consent Agenda

Moved by Murphy, seconded by Argus, to adopt Ordinance MC 91-07, ABATEMENT OF THE 2007 TAX LEVY FOR THE 2007 GENERAL OBLIGATION CORPORATE PURPOSE BONDS REFUNDING BONDS, SERIES 2007A AND SERIES 2007B. Motion declared carried as approved unanimously under Consent Agenda.

APPPOINTMENT:

Being presented for consideration (no action required) was Mayoral appointment to the ARCHITECTURAL COMMISSION of Peter Vadopalas, replacing George Prosiliakos (final action on this matter under Consent Agenda on January 7, 2008).

ORDINANCE Z-30-07 CONDIT. USE/820 ELMHURST:

Moved by Argus, seconded by Brookman, to advance to Second Reading and adopt Ordinance Z-30-07, AN ORDINANCE ALLOWING FOR A CONDITIONAL USE PERMIT TO PERMIT A CLASS B RESTAURANT WITH CUSTOMER SEATING FOR 20 PERSONS AT 820 ELMHURST ROAD, DES PLAINES, ILLINOIS (Case 07-75-CU). Upon roll call, the vote was:

AYES: 8-Beauvais, Moylan, Murphy, Higgason,

Brookman, Walsten, Smith, Argus

NAYS: 0-None

ABSENT: 0-None

Motion declared carried.

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

FINANCE & ADMINISTRATION - Alderman Smith, Chair

WARRANT REGISTER:

Moved by Beauvais, seconded by Brookman, to recommend to the City Council approval of the December 17, 2007 - Warrant Register, in the total amount of $12,701,459.27, and further recommend that Resolution R-163-07 be adopted at appropriate time this evening. Motion declared carried. 12/17/07

LEGAL & LICENSING - Alderman Brookman, Chair

CONSUMER PROTECTION COMMISSION CODE CHANGES:

Alderman Brookman reviewed a request from Staff and the Consumer Protection Commission members that contested hearings be conducted in the Administrative Hearing Program; the Consumer Protection Commission would still have the authority to issue subpoenas and conduct fact-finding investigations regarding violations of their ordinance; also requested was a clarification of the type of members who would be asked to serve, i.e. representatives of business, of a local community organization, a housewife.

Assistant City Attorney Bartel addressed the Committee of the Whole and answered questions from the aldermen.

Alderman Murphy requested that a better description for housewife be used and also a clarification of the type of local community organization, i.e. not-for-profit.

Moved by Beauvais, seconded by Higgason, to concur with Staff recommendation and recommend to the City Council that the Consumer Protection Commission ordinance be amended to permit the administrative hearings officer in the City= s Administrative Hearings Program to conduct contested hearings regarding violations of the Consumer Protection Commission ordinance; clarify types of Commission members; and Ordinance MC 100-07 - As Amended be placed on First Reading at appropriate time this evening. Motion declared carried.

ADMINISTRA. HEARINGS CODE CHANGES:

Alderman Brookman stated that amendments to the City= s Administrative Hearing Program ordinance need to be made to reflect the changes just made to the Consumer Protection Commission ordinance, and other housekeeping matters, i.e. list various Illinois Complied Statutes which grant authority to the City, specify personnel in each department authorized to issue administrative hearing citations and the City Code sections they are empowered to enforce.

Moved by Beauvais, seconded by Higgason, to concur with Staff recommendation and recommend to the City Council that the Administrative Hearings Program ordinance be amended to include various housekeeping changes; the addition that contested hearings of the Consumer Protection Commission be conducted by the Administrative Hearings Program; and Ordinance MC 101-07 be placed on First Reading at appropriate time this evening. Motion declared carried.

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

ORDINANCE M-92-07 2007 TAX LEVY:

Moved by Moylan, seconded by Smith, to adopt Ordinance MC 92-07, AN ORDINANCE LEVYING TAXES FOR THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2008 AND ENDING DECEMBER 31, 2008. Upon roll call, the vote was:

AYES: 5-Beauvais, Moylan, Higgason, Smith, Arredia

NAYS: 4-Murphy, Brookman, Walsten, Argus

ABSENT: 0-None

Motion declared carried.

ORDINANCE M-93-07 2008 SALARY SCHEDULES:

Moved by Moylan, seconded by Higgason, to adopt Ordinance MC 93-07, AN ORDINANCE AMENDING THE SALARY SCHEDULES OF THE CITY= S COMPENSATION PLAN AS SCHEDULE I, A PUBLIC SAFETY PERSONNEL - FIRE/UNION,@ SCHEDULE III, A PUBLIC SAFETY SUPERVISORY PERSONNEL-EMERGENCY COMMUNICATIONS/NON-UNION,@ SCHEDULE IV-A, A CLERICAL, ACCOUNTING & MISCELLANEOUS PERSONNEL/UNION,@ SCHEDULE IV-B, A CLERICAL, ACCOUNTING & MISCELLANEOUS PERSONNEL/NON-UNION,@ SCHEDULE V-A, A TECHNICAL, ENGINEERING AND INSPECTION PERSONNEL/UNION,@ SCHEDULE V-B, A TECHNICAL, ENGINEERING AND INSPECTION PERSONNEL/NON-UNION,@ SCHEDULE VI, A PUBLIC WORKS PERSONNEL/UNION,@ SCHEDULE VII-A, A MANAGEMENT PERSONNEL/NON-UNION,@ AND SCHEDULE VII-B, A MANAGEMENT PERSONNEL/NON-UNION,@ OF SECTION 1-8-4 A CLASSIFICATION PLAN TO THE CITY SERVICE,@ OF CHAPTER 8, TITLE I, OF THE CITY CODE OF DES PLAINES, TO REFLECT THE ADOPTION OF THE COMPENSATION PLAN, EFFECTIVE JANUARY 1, 2008 TO DECEMBER 31, 2008. Upon roll call, the vote was:

AYES: 5-Beauvais, Moylan, Higgason, Walsten, Smith

NAYS: 3-Murphy, Brookman, Argus

ABSENT: 0-None

Motion declared carried.

ORDINANCE M-94-07 SANITARY SEWER FEE:

Moved by Beauvais, seconded by Moylan, to adopt Ordinance MC 94-07, AN ORDINANCE AMENDING TITLE 9, A PUBLIC UTILITIES,@ CHAPTER 2, A SEWER SYSTEM REGULATIONS,@ BY ADDING SECTION 3, A SANITARY SEWER FEE,@ TO THE DES PLAINES CITY CODE.

Alderman Murphy stated that she wanted Staff to revisit the expenditures through the budget cycle; she is totally opposed to this fee; we don= t need to impose this fee; we could have looked at other possibilities.

Alderman Argus stated that she agrees; we should have cut everything by 10%.

Alderman Brookman stated that there are some legitimate needs, i.e. police station and fire station, but she will be voting against this; this will be costing the taxpayers over $4 million in additional taxes.

Upon roll call, the vote was:

AYES: 5-Beauvais, Moylan, Higgason, Smith, Arredia

NAYS: 4-Murphy, Brookman, Walsten, Argus

ABSENT: 0-None

Motion declared carried.

ORDINANCE M-95-07 TELECOMMUNIC. TAX:

Moved by Smith, seconded by Moylan, to adopt Ordinance MC 95-07, AN ORDINANCE AMENDING TITLE 4, A BUSINESS REGULATIONS,@ CHAPTER 3, A MUNICIPAL OCCUPATION TAXES,@ ARTICLE I., A MUNICIPAL TELECOMMUNICATIONS TAX@ SECTION 2, A TAX IMPOSED@ OF THE DES PLAINES CITY CODE. Upon roll call, the vote was:

AYES: 5-Beauvais, Moylan, Higgason, Walsten, Smith

NAYS: 3-Murphy, Brookman, Argus

ABSENT: 0-None

Motion declared carried.

ORDINANCE M-96-07 HOTEL-MOTEL OPERATOR= S OCCUPATION TAX:

Moved by Higgason, seconded by Murphy, to adopt Ordinance MC 96-07, AN ORDINANCE AMENDING TITLE 4, A BUSINESS REGULATIONS@ CHAPTER 3, A MUNICIPAL OCCUPATION TAXES@ ARTICLE D., A HOTEL-MOTEL OPERATOR= S OCCUPATION TAX@ SECTION 3, A RATE; EXEMPTION@ OF THE DES PLAINES CITY CODE. Upon roll call, the vote was:

AYES: 8-Beauvais, Moylan, Murphy, Higason,

Brookman, Walsten, Smith, Argus

NAYS: 0-None

ABSENT: 0-None

Motion declared carried.

ORDINANCE M-97-07 GENERAL FUND BALANCE:

Moved by Higgason, seconded by Moylan, to adopt Ordinance MC 97-07, AN ORDINANCE AMENDING TITLE 3, A MUNICIPAL DEPARTMENTS,@ CHAPTER 4, A DEPARTMENT OF FINANCE AND ADMINISTRATIVE SERVICES,@ SECTION 3, A APPROPRIATIONS@ OF THE DES PLAINES CITY CODE. Upon roll call, the vote was:

AYES: 5-Beauvais, Moylan, Higgason, Smith, Arredia

NAYS: 4-Murphy, Brookman, Walsten, Argus

ABSENT: 0-None

Motion declared carried.

WARRANT REGISTER:

Resolution R-163-07

Moved by Smith, seconded by Higgason, to concur with recommendation of Committee of the Whole to adopt Resolution R-163-07, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DES PLAINES THAT THE FOLLOWING BILLS ARE DUE AND PAYABLE AND THAT THE MAYOR AND CITY CLERK BE AND ARE HEREBY AUTHORIZED TO MAKE PAYMENT FOR SAME. Total: $12,701,459.27. Upon roll call, the vote was:

AYES: 8-Beauvias, Moylan, Murphy, Higgason,

Brookman, Walsten, Smith, Argus

NAYS: 0-None

ABSENT: 0-None

Motion declared carried.

CONSUMER PROTECTION COMMISSION CODE CHANGES:

Ordinance MC 100-07

Moved by Brookman, seconded by Higgason, to concur with recommendation of Committee of the Whole that the Consumer Protection Commission ordinance be amended to permit the administrative hearings officer in the City= s Administrative Hearings Program to conduct contested hearings regarding violations of the Consumer Protection Commission ordinance; clarify types of Commission members; and further recommend to place on First Reading Ordinance MC 100-07 - As Amended, AN ORDINANCE AMENDING TITLE 2, A BOARDS AND COMMISSIONS,@ CHAPTER 11 A CONSUMER PROTECTION COMMISSION,@ OF THE CITY OF DES PLAINES CITY CODE. Motion declared carried.

ADMINISTRA. HEARINGS CODE CHANGES:

Ordinance MC 101-07

Moved by Brookman, seconded by Higgason, to concur with recommendation of Committee of the Whole that the Administrative Hearings Program ordinance be amended to include various housekeeping changes; the addition that contested hearings of the Consumer Protection Commission be conducted by the Administrative Hearings Program; and further recommend to place on First Reading Ordinance MC 101-07. Motion declared carried.

Moved by Moylan, seconded by Beauvais, to advance to Second Reading and adopt Ordinance MC 101-07, AN ORDINANCE AMENDING TITLE 3, A MUNICIPAL DEPARTMENTS,@ CHAPTER 3, A LEGAL DEPARTMENT,@ ARTICLE A., A ADMINISTRATIVE HEARINGS PROGRAM@ OF THE DES PLAINES CITY CODE. Upon roll call, the vote was:

AYES: 8-Beauvais, Moylan, Murphy, Higgason,

Brookman, Walsten, Smith, Argus

NAYS: 0-None

ABSENT: 0-None

Motion declared carried.

POSITION RECLASSIFIC./PUBLIC WORKS DEPARTMENT:

Moved by Moylan, seconded by Murphy, to suspend Rule 33 of the City Code to permit discussion on the deletion of the classification of Environmental Services Coordinator and the addition of classification of Assistant to the Director of Public Works at a subsequent City Council meeting (previous motion and Ordinance MC 66-07 was declared failed on November 19, 2007). Motion declared carried.

Moved by Beauvais, seconded by Murphy, that the matter of position classifications for the Public Works Department be discussed under Committee of the Whole on January 22, 2008. Motion declared carried.

ADJOURNMENT:

Moved by Beauvais, seconded by Moylan, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 7:54 p.m.

Donna McAllister, MMC - CITY CLERK

APPROVED BY ME THIS

DAY OF , 2008

Anthony W. Arredia, MAYOR

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