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05/20/1996CALL TO ORDER: The regular meeting of the City Council of the City of Des Plaines, Illinois, was called to order by Mayor Ted Sherwood at 7:00 P.M. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Monday, May 20, 1996. ROLL CALL: Roll call indicated the following aldermen present: Beauvais, Christiansen, Elstner, Higgason, Curley, Sarlo, Arredia. Alderman Chiropolos was absent. Also present were: City Treasurer Fredricks, City Manager Douthwaite, Assistant City Manager Carter, Director of Economic Development Klaus, Assistant Director of Finance & Administration Placko, Police Chief Sturlini, Deputy Fire Chief Pratt, Community Development Director D'Onofrio, City Engineer Oakley, Human Resources and Services Director Merriman, Emergency Communications Director Ornberg and City Attorney Wiltse. PRAYER AND PLEDGE: PRESENTATION: Mayor Sherwood introduced Marlene Pasdo, Chairman of the Des Plaines Youth Commission, who presented Certificates of Appreciation and U. S. Savings Bonds to the following Des Plaines youth who were nominated by their schools for community service: Mark Raszewski, Jay Gayness, Jeffrey Jones, Erica Wilk, Heather Elrich, Timothy Doherty, Nick Stangeland, Christopher Grice, Raul Gravel, Edna Egea and Christa Bonner. FLOODING REPORT EMA: CONSENT AGENDA: 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, MAY 20, 1996 The opening prayer was given by Reverend Charles Cooper, Golf Road Baptist Church, followed by the Pledge of Allegiance to the Flag. Mayor Sherwood requested Emergency Management Agency Coordinator Don Meseth to address the City Council with an updated report on possible flooding in the Des Plaines area from the heavy rains experienced in northern Illinois. Mr. Meseth indicated that at this point in time, there was no cause for alarm, however, EMA is monitoring the river levels hourly and is prepared with sand bags for residents should they be needed. Moved by Sarlo, seconded by Curley, to establish a Consent Agenda. Motion declared carried. Moved by Elstner, seconded by Sarlo, to approve the Consent Agenda. Upon roll call, the vote was: AYES: 7- Beauvais, Christiansen, Elstner, Higgason, Curley, Sarlo, Arredia NAYS: 0 -None ABSENT: 1- Chiropolos Motion declared carried. The minutes are approved. The Staff recommendations and requests are approved and Ordinances M -18 -96 and M -19 -96 are placed on First Reading. MINUTES: Moved by Elstner, seconded by Sarlo, to approve minutes Consent of regular meeting of the City Council held May 6, 1996, Agenda as published. Motion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Sarlo, to approve minutes of Executive Session of the City Council held May 6, 1996. Motion declared carried as approved unanimously under Consent Agenda. PURCHASE OF WATER METERS: Consent Agenda REVISION CITY COUNCIL PROCEDURES: Consent Agenda Ordinance M -18 -96 LICENSE AGREEMENT/ BEAU DRIVE MEDIAN: Consent Agenda Ordinance M -19 -96 PATIO VARIATION/ 267 DOVER LANE: Consent Agenda BID AWARD/ 1996 CRACK SEALING CONTRACT: Consent Agenda REAPPOINT/ APPOINTMENTS: Consent Agenda PAGE TWO 286. 5/20/96 Moved by Elstner, seconded by Sarlo, to concur with recommendation of Committee of the Whole held May 6, 1996, that City purchase water meters from Badger Meters, Inc., 4545 W. Brown Deer Road, Milwaukee, WI 53225, on an "as needed" basis throughout the year at a cost not - to- exceed $40,000 /Budgeted Funds, and usual bid procedures be waived because Badger Meters, Inc. has provided meters to the City since 1977 and approximately 85% of City meters are Badgers. Motion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Sarlo, to concur with Mayor's recommendation to amend Title I, Chapter 6, Section 1 -6 -4 of the City Code regarding the Mayor voting to break ties in Committee of the Whole meetings; and some housekeeping amendments to clarify intent of section; and further recommend to place on First Reading Ordinance M- 18 -96, AN ORDINANCE AMENDING SECTION 1 -6 -4 "COMMITTEES" OF CHAPTER 6 "COUNCIL," TITLE I, OF THE CITY CODE OF DES PLAINES PERTAINING TO MAYOR'S VOTE. Motion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Sarlo, to concur with Staff recommendation to grant request to permit Elmdale Apartment Homes to make landscaping improvements to the median berm along Beau Drive between Thacker /Dempster Street and Florian Drive; petitioner to be responsible for planting all the landscaping and maintaining it after the City has reviewed and approved the proposed plantings; Mayor and City Clerk be authorized to execute necessary License Agreement; and further recommend to place on First Reading Ordinance M- 19 -96, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DES PLAINES, ILLINOIS, AUTHORIZING THE EXECUTION OF A LICENSE AGREEMENT WITH ELMDALE APARTMENT HOMES, FOR THE INSTALLATION AND MAINTENANCE OF LANDSCAPING IN THE MEDIAN STRIP IN THE CENTER OF BEAU DRIVE, BETWEEN DEMPSTER STREET AND FLORIAN DRIVE. Motion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Sarlo, to concur with Staff recommendation to grant request for Variation to Section 515 of the Building Code to permit installation of an additional 75' to existing patio to straddle south property line, mostly side yard, 1.5' off property line, which would result in a total patio area of 520 sq. ft. (code permits patios to have a total area of 344 sq. ft.), on property located at 267 Dover Lane. Motion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Sarlo, to concur with Staff recommendation to award bid for 1996 Crack Sealing Contract to the lowest bidder through Northwest Municipal Conference, Kenneth R. Hartman, Inc., P. 0. Box 902, Kankakee, Illinois 60901, for the bid price of $1.04 /lb. of sealant for a not -to- exceed total of $25,000 /MFT Section 96- 00000 -02 GM; and Mayor and City Clerk be authorized to execute necessary IDOT documents. Motion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Sarlo, to approve Mayoral reappointments /appointments as follows: DES PLAINES CABLE COMMISSION Reappointment: - Paul Giardini, term to expire April 30, 1999 - Herb Braden, term to expire April 30, 1999 - William Mitchell, term to expire April 30, 1999 REAPPOINT/ APPOINTMENTS: (Con't) Consent Agenda EXEMPT RANKS FOR POLICE DEPT: PAGE THREE PUBLIC SAFETY - Alderman Higgason, Chair 287. DES PLAINES ECONOMIC DEVELOPMENT COMMISSION Reappointment: - Barry Collins, term to expire April 30, 2000 Appointment: - Claude Cliborne, term to expire April 30, 1999 - George Bilek, term to expire April 30, 2000 5/20/96 Moved by Elstner, seconded by Sarlo, to consider Mayoral reappointments /appointments as follows: DES PLAINES ELECTRICAL COMMISSION Appointment: -Judy Schomer, Commonwealth Edison (power supply rep.) Reappointments: - Thomas Benge, Michael Hardiman, Robert Brutovsky DES PLAINES ECONOMIC DEVELOPMENT COMMISSION Reappointment: - David McNulty DES PLAINES CIVIL SERVICE COMMISSION Reappointment: - Frank Stryczek Motion declared carried as approved unanimously under Consent Agenda. (Final action on this matter under Consent Agenda on June 3, 1996). Mayor Ted Sherwood declared that the City Council was now resolved into a Committee of the Whole Police Chief Robert Sturlini addressed the City Council reiterating his request, with approval of the Mayor and City Council, to eliminate the Fire and Police Commission Rank of Captain, and replace it with an exempt position. Presently there are two (2) civil service captains. As vacancies would occur in this position, this rank would be eliminated and replaced with an exempt position, appointed by the Chief of Police, with a title of Assistant, Commander or Deputy Chief. As the Chief of Police is directly accountable for the performance of the department, the creation of exempt rank enables the Chief, present or future, greater flexibility in selecting and retaining his top two administrators. Sgt. William Schneider, Secretary- Treasurer of the Des Plaines Police Command Officers' Association, addressed the City Council, indicating that their organization is not in favor of this move. They feel that the exempt rank system is a system that can be used politically both within and from outside the police department. This is an inherent flaw of the exempt rank system, and he indicated that the City Council chose to eliminate the exempt rank positions under the prior Police Chief for the same reason. Richard Czyzewski, President of the Des Plaines Chapter of the Combined Counties Police Association, also addressed the City Council, indicating his organization's adversity to this plan. They fear that the exempt rank positions could be filled by civilians from outside of the department. The exempt rank positions would bring about more internal politics and favoritism and not the promotion of the best suited individual to be determined by the testing process. Mr. Wayne Serbin, 835 Pearson Street, suggested that the City Council not rush into a decision on this matter, but rather form an independent non - biased committee that could study this request and make a recommendation. EXEMPT RANKS FOR POLICE DEPT: (Con't) WARRANT REGISTER: WARRANT REGISTER: Resolution R -36 -96 PETITIONS/ PROTEST WATER SERVICE FEE: EXECUTIVE SESSION: PROBABLE LITIGATION/ PARKING BERM 1723 BUSSE HWY.: PAGE FOUR 288. 5/20/96 Moved by Beauvais, seconded by Arredia, to concur with staff recommendation that City Attorney be authorized to draft an ordinance with respect to eliminating the two (2) Fire and Police Commission Rank of Captain positions and in place of, create two (2) Exempt Positions in the Police Department; and further recommend that this ordinance include the stipulations that the positions will be filled from the Police Department rank, will incorporate assessment testing, will eliminate any political tone and will include flexibility for the Police Chief in future replacements. Staff to report back to City Council in six (6) to eight (8) weeks. Motion declared carried. FINANCE AND ADMINISTRATION - Alderman Christiansen, Chair Moved by Beauvais, seconded by Sarlo, to concur with Staff recommendation and recommend to the City Council approval of May 10, 1996 Warrant Register in the amount of $1,747,955.13; and Resolution R -36 -96 be adopted at appropriate time this evening. Motion declared carried. Mayor Ted Sherwood assumed the chair, and declared the City Council back in session. Moved by Christiansen, seconded by Sarlo, to concur with recommendation of Committee of the Whole to adopt Resolution R- 36 -96, 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: $1,747,955.13. Upon roll call, the vote was: AYES: 7- Beauvais, Christiansen, Elstner, Higgason, Curley, Sarlo, Arredia NAYS: 0 -None ABSENT: 1- Chiropolos Motion declared carried. Mayor Sherwood referred residents' petitions received by the City Clerk on May 13, 1996, protesting the additional "Service Fee" that is shown on City's water bills to staff for review and report. Moved by Sarlo, seconded by Curley, to go into Executive Session to discuss Probable Litigation - Parking Berm 1723 Busse Highway and Collective Bargaining. Upon roll call, the vote was: AYES: 7- Beauvais, Christiansen, Elstner, Higgason, Curley, Sarlo, Arredia NAYS: 0 -None ABSENT: 1- Chiropolos Motion declared carried. Council recessed at 9:15 p.m. Council reconvened at 11:06 p.m. Roll call indicated the following aldermen present: Christiansen, Elstner, Higgason, Curley, Sarlo, Arredia. Moved by Sarlo, seconded by Arredia, to concur with a majority consensus in Executive Session that given the probability of litigation if not granted, the City Attorney be authorized to draft ordinance to continue to exempt the present owner of automobile dealership, Park Plaines Chevrolet, from the ban on berm parking at 1723 Busse Highway. Upon roll call, the vote was: AYES: 4- Elstner, Higgason, Sarlo, Mayor Sherwood NAYS: 3- Christiansen, Curley, Arredia ABSENT: 1- Beauvais, Chiropolos Motion declared carried. 1 1 1 PAGE FIVE 5/20/96 COLLECTIVE Moved by Higgason, seconded by Curley, that City's labor BARGAINING: negotiator be authorized to proceed with negotiations as directed in Executive Session. Upon roll call, the vote was: AYES: 6- Christiansen, Elstner, Higgason, Curley, Sarlo, Arredia NAYS: 0 -None ABSENT: 2- Beauvais, Chiropolos Motion declared carried. ADJOURNMENT: Moved by Curley, seconded by Sarlo, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 11:10 p.m. APPROVED BY ME THIS ; Ted Sherwood, MAYOR Joa e M. Linke, DEPUTY CITY CLERK fl/