12-08-1999 Special Meeting146
MINUTES OF THE SPECIAL MEETING OF THE CITY
COUNCIL OF THE CITY OF DES PLAINES, ILLINOIS
HELD IN THE ELEANOR ROHRBACH MEMORIAL COUNCIL
CHAMBERS, DES PLAINES CIVIC CENTER, WEDNESDAY,
DECEMBER 8, 1999
CALL TO ORDER: The SPECIAL meeting of the City Council of the City of Des
Plaines, Illinois, was called to order by Mayor Pro Tern
Christiansen at 7: 01 p. m. in the Eleanor Rohrbach Memorial
Council Chambers, Des Plaines Civic Center on Wednesday ,
December 8, 1999.
ROLL CALL: Roll call indicated the following aldermen present :
Beauvais, Christiansen, Elstner, Sayad, Brookman, Becker,
Smith, Arredia.
Also present were: City Attorney Wiltse and Assistant City Attorney
Bartel.
ELECTION
OF ACTING
MAYOR:
Mayor Pro Tern Christiansen stated that the aldermen had
been surveyed by the City Attorney and there was a
consensus on several issued.
Moved by Sayad, seconded by Beauvais, to approve the
following procedures:
--a member many nominate himself or herself;
--no second is necessary, although one can be offered;
--nominees will be allowed to speak on their candidacy
for a time not-to-exceed five (5) minutes; and
--no nominee will be forced to withdraw, but if there are
multiple ballots, the City Clerk will ask if any wish to
withdraw.
Motion declared carried.
Several procedures that did not receive a consensus on
the survey were discussed.
Moved by Sayad, seconded by Brookman, that there will not
be a requirement tonight for discussion on an aldermanic
replacement for the person elected Acting Mayor.
Moved by Smith, seconded by Brookman, that all votes be
done by a roll call.
Following discussion, Aldermen Smith and Brookman
withdrew their motion.
Moved by Smith, seconded by Sayad, that all votes be done
by written ballot and then announced by the City Clerk
stating who voted for which candidate. Motion declared
carried. Aldermen Christiansen, Elstner and Becker voted
no.
Moved by Smith, seconded by Elstner, that there be no
additional questioning of the candidates by the aldermen
after the first ballot.
Alderman Sayad stated that he objected to this motion;
he would like the opportunity to ask additional
questions, especially if one of the candidates withdraws.
Alderman Brookman stated that she agreed; this goes to
the issue of full debate; the aldermen could always limit
the amount of time.
Alderman Becker stated that he agreed; the aldermen
should be able to ask questions after each ballot.
ACTING
MAYOR
(Cont 1 d.)
147
12/8/99
PAGE TWO
Alderman Smith stated that this will prolong the process
longer than necessary; the aldermen all know who is
interested in this position and have for a long time;
they could have called them about their questions.
Alderman Arredia stated that there should be additional
questioning but with a time limit.
Upon roll call on the motion, the vote was:
AYES: 3-Christiansen, Elstner, Smith
NAYS: 5-Beauvais, Sayad, Brookman, Becker, Arredia
ABSENT: 0-None
Motion declared failed.
Moved by Becker, seconded by Arredia, to allow
questioning of the candidates after each ballot with a
three (3) minute time limit per alderman. Upon roll
call, the vote was:
AYES: 5-Beauvais, Sayad, Brookman, Becker, Arredia
NAYS: 3-Christiansen, Elstner, Smith
ABSENT: 0-None
Motion declared carried.
Moved by Becker, seconded by Arredia, to allow that
nominations may be reopened at any time. Upon roll call,
the vote was:
AYES: 8-Beauvais, Christiansen, Elstner, Sayad,
Brookman, Becker, Smith, Arredia
NAYS: 0-None
ABSENT: 0-None
Motion declared carried.
Mayor Pro Tern Christiansen clarified Item 12 -"If there
was no result after three (3) ballots, should an
Executive Session be called?" of the survey which
indicated three (3) yeses and four (4) nos. Mayor Pro
Tern Christiansen stated that the City Council can go into
Executive Session at any time, they do not need to wait
until there has been three (3) votes taken.
Mayor Pro Tern Christiansen stated that Item 7 -"Should
general discussion be allowed by aldermen after
nominations are closed?" was handled by a previous motion
which was passed.
Mayor Pro Tern Christiansen stated that the City Council
will be operating under the City Code and Robert 1 s Rules
of Order and any motions to go into closed session or
reopen nominations once closed, are contingent upon a
majority vote; this is based on the advice of the City
Attorney and confirmed by outside counsel that a
successful candidate will need a majority vote of the
City Council, which is five (5) votes.
Alderman Brookman stated that she would like this
procedure to be separated because she does not agree that
the majority is five (5) votes. Mayor Pro Tern
Christiansen suggested that this be discussed; are five
(5) votes needed to elect an Acting Mayor?
Alderman Smith stated that there seems to be no question
based upon the advice of City Attorney Wiltse and
Attorney Lucansky, as well as Robert 1 s Rules of Order;
it is crystal clear; there is no room for debate. When
asked City Attorney Wiltse stated that 41 municipal
attorneys agreed that a majority was required, no
attorney agreed that a plurality vote was allowed, absent
a special rule to the contrary.
Alderman Beauvais stated that a majority vote of five (5)
is needed for everything that is voted on by the City
Council, so she assumes that would apply to this as well.
. ACTING
MAYOR
(Cont'd.)
148
12/8 /99
PAGE THREE
Moved by Beauvais, seconded by Elstner, to confirm the
legal opinion of counsel that the majority vote standard
of five (5) will be used. Upon roll call, the vote was:
AYES: 6-Beauvais, Christiansen, Elstner,
Becker, Smith, Arredia
NAYS: 2-Sayad, Brookman
ABSENT: 0-None
Motion declared carried.
Alderman Sayad asked what would happen to the
chairmanship of the committee the new Acting Mayor held;
a discussion followed on the various possibilities that
would result from the election of an Acting Mayor; it was
agreed that this matter would be discussed at another
time.
Mayor Pro Tern Christiansen stated that nominees for
Acting Mayor would now be accepted.
Mayor Pro Tern Christiansen nominated himself.
Alderman Sayad nominated Alderman Brookman.
Alderman Smith nominated himself.
Alderman Arredia nominated himself.
Mayor Pro Tern Christiansen asked if there were any other
nominations; there being none, Mayor Pro Tern Christiansen
declared that nominations are closed.
The nominees were asked to make a statement as to why
they want to be Acting Mayor.
Alderman Arredia stated that he has the management skills
and the time; he was the manager of a large corporation;
in the four (4) years that he has been alderman, he has
tackled some major issues, i.e. union negotiation team
that he put together to help resolve some of the problems
with the unions--there has not been a union problem since
then, also the renegotiation of the City Manager's
contract which he spearheaded and almost did himself; it
is also important that the Acting Mayor organize teamwork
within the City Council and with the City management; if
he is elected Acting Mayor he will guarantee that the
Aldermen will run the City of Des Plaines, and that the
information that goes to the Aldermen will be as accurate
and final as possible in order to give the Aldermen the
correct information to base their decisions; he has done
things outside the Eighth Ward, i.e. O'Hare Airport
issues, flood way-flood plain problems, and mobile
homeowner problems.
Alderman Smith stated that it should be remembered that
this person would be completing Mayor Paul Jung's term;
this person would not serve for a full four (4) year
term; he would go into this job without an agenda; he
looks at things objectively; he sees things very clearly
and can get to the bottom of things very quickly; he
firmly believes that people are hired to do a job and
they should be allowed to do it; he doesn't think the
success of being Acting Mayor can be measured on the
amount of time spent on the "6th Floor;" he knows he can
devote sufficient time to this job; he knows that he has
the personal qualities that would allow him to be an
effective Acting Mayor; he is honest, consistent, a good
listener; throughout his life he has been pretty much
successful at things he has attempted to do; he believes
he would do a wonderful job; he would make everyone proud
of the job he would do.
Alderman Brookman stated that one of the primary reasons
she is seeking this job is that she has the ability to
devote whatever time is necessary to fulfill the duties
~
ACTING
MAYOR
(Cont'd.)
149
12/8/99
PAGE FOUR
of Acting Mayor; her only job would be that of Acting
Mayor; she doesn't have any employment restrictions ; the
position of Mayor in Des Plaines is part-time in theory,
but she intends to give her full time and attention to
the position--8:00 a.m. to 5:00 p.m. when City Hall is
open and when the business of the City is being
conducted; this is not the time to set new agendas or
change Staff; she will work with the present Staff hand-
in-hand; downtown redevelopment projects will go forward,
but they need daily attention; she can bring that to the
City--daily attention; the Acting Mayor should set a tone
for the Staff of respect for the position and
responsibilities of all elected officials; she also sees
the role of Acting Mayor as dealing with broader issues,
i.e. improve communication with the residents and
increase their involvement, creating a comprehensive
economic development plan, and working to have a stronger
voice in Regional and State issues; we need to work
together to seek a course that is in the best interest
of the City .
Mayor Pro Tern Christiansen stated that he can't add
anything else to what has already been said; there are
four (4) qualified candidates; there is no handbook to
be Acting Mayor; a lot of it is on-the-job training; with
his 12-plus years on the City Council, he has the
experience to do this job; he has the understanding of
all the complex issues that face the City on a day-to-day
basis; he has felt strongly about issues and has voted
consistently that way; even though he works full-time,
he will put in the time necessary to do the job to the
best of his ability; the City has always come first for
him, meetings come first for him; regardless of who is
elected, we have to move forward and help one another.
Alderman Sayad thanked the four (4) candidates for
running; it is a very difficult job; it is going to be
very difficult to decide , but no matter what happens , the
City is going to win.
Mayor Pro Tern Christiansen opened the floor for
questioning of the candidates.
Alderman Sayad stated his concern about the time that the
person elected would have available to do the job; he
would like to know from each candidate how they would
arrange their schedule; how many hours or days can they
devote to the job.
Mayor Pro Tern Christiansen stated that even though voters
said they want a part-time Mayor, the City really got a
bargain with the last three (3) Mayors who put in more
than full-time hours doing their job; we have an
excellent City Manager, we have excellent Department
Heads; it is not up to the Mayor to micro-manage the day-
to-day operations; that is why we have a City Manager;
he would put in the time necessary to do the job; it
doesn't take full-time hours to do a part-time job.
Alderman Arredia stated that all Aldermen have learned
how to regulate their night hours; the daytime hours
would be determined by how much the Acting Mayor would
get involved with the EDC, items of financing, meetings
with other mayors; going to conferences, etc.; he does
know that there can be a schedule for these activities;
he believes he has the time to do the job.
Alderman Smith stated that he agrees with everything that
AldermanAF~e a!ra said except for Mayor Paul Jung; he
didn't devote full-time hours to the job; his predecessor
did, but he didn't; he was involved in other activities ,
i.e. his summer place up north, teaching; he understood
what the job entails and it is not to micro-manage the
ACTING
MAYOR
(Cont'd.)
150
12/8/99
PAGE FIVE
City Staff; people are hired to do a job and as long as
they are doing the job competently and adequately, you
let them do it; the job of the Mayor is to set policy,
to set a tone, and that doesn't require full-time; he has
quite a bit of flexibility with his job; there is a lot
of work that can be done on the phone; this job does not
require someone to be there five (5) days a week, eight
(8) hours a day; if it does, then maybe we should make
it a full-time position with full-time pay.
Alderman Brookman stated that she agrees that the
position of Mayor is part-time in theory, but the
residents expect a full-time level of commitment; she can
do that because she is available 8:00 a.rn. to 5:00 p.rn.
when the business of the City is being conducted; she has
always given full-time attention to being a part-time
alderman; she has the time and dedication to do the job.
Alderman Sayad asked Aldermen Smith and Christiansen what
kind of time commitment would they give the job; will you
allocate a certain time to be at City Hall, i.e. Monday
morning, 8:30 a.rn. to Noon; we need to know when the
Mayor will be here to give direction, to address
problems.
Alderman Smith stated that was a fair question and he has
given this some thought and if he is elected he will
establish certain hours each week, i.e. three (3)
mornings a week, two (2) mornings a week, two (2)
afternoons a week; there would be specific times that he
would be there; there is also E-mail, faxes, telephones;
he doesn't see a communication problem.
Mayor Pro Tern Christiansen stated that he, too, would
work certain hours; with his job; probably morning hours,
but if it rains, he could be here all day; yes, certain
hours would be put in.
Alderman Brookman stated that she has no job obligations
or the responsibility of young children; she could devote
her full attention to the duties of Acting Mayor.
Alderman Becker asked each candidate if they see any
reason to make any Staff changes. All candidates
indicated they would not make any changes.
Alderman Becker asked each candidate if they agreed that
there is a lack of direction from the City Council to the
Department Heads, and, if they agree, how would they go
about improving that situation.
Alderman Smith stated that he believes the "blue sky"
sessions would be a way to improve direction to the
Staff.
Alderman Brookman stated that these problems can be
addressed and can be changed by giving Staff clear
direction; letting them know the expectations of the
Mayor and the eight ( 8) Aldermen who are the policy-
makers; she doesn't think this will be a problem.
Mayor Pro Tern Christiansen stated the City Council may
have been a little vague in giving direction and we
probably can work on that, fine-tune the procedure.
Alderman Arredia stated that there is a communication
process that has to be developed or refined; there has
to be clear direction given to the Staff; this is a
communication process that can easily be resolved.
Alderman Becker asked the candidates how they
about obtaining grant money f rorn the State of
like Mayor Jung did; would the Acting Mayor do
would go
Illinois that,f
ACTING
MAYOR
(Cont'd.)
151
12/8/99
PAGE SIX
would a Staff member do that, or would a new person be
hired to do that; or is this not a problem.
Alderman Arredia stated that he thinks it is a
combination of both the Acting Mayor and a Staff member;
it would depend on the issue; the City has not always
pursued these opportunities like we should have; we
should work closely with our local State legislators.
Mayor Pro Tern Christiansen stated that yes, the Acting
Mayor should go down to Springfield and any elected
official that is available to go with the Acting Mayor;
also coordinate our efforts with our local State
legislators; there is money out there; we should get
every penny we can.
Alderman Brookman stated that she sees the role of Acting
Mayor as working with the broader issues such as being
a stronger voice in Regional and State issues; the Acting
Mayor and Aldermen's presence would be very beneficial.
Alderman Smith stated that he agrees with the other
candidates; one of the jobs of the Acting Mayor would be
to work effectively with local and State officials and
if that means going down to Springfield when it is
necessary, that is what should be done; the Acting Mayor
should work more closely with the Northwest Municipal
Conference.
Alderman Sayad asked all the candidates what their
feelings are about the surrounding communities and have
a good line of communication with them; what would they
do to improve that.
Mayor Pro Tern Christiansen stated that he would hope to
maintain the line of communications with the other
suburbs and even improve on them; the more elected people
we can get together to represent ourselves on certain
issues it will be a stronger voice for us; it is
essential to keep these lines open and maintain
friendships with these communities.
Alderman Brookman stated that all lines of communication
should be open and we should reach out to other
neighbors; it will give us more leverage on State and
Regional issues.
Alderman Smith stated that of course we have to have open
lines of communication with other leaders; we have to
talk to other communities; we have lots of regional
issues that need to be in conjunction with other towns.
Alderman Arredia stated that he agrees with the other
candidates; it would be a mistake to not work with the
communities surrounding Des Plaines.
Moved by Beauvais, seconded by Becker, that the vote be
taken on electing an Acting Mayor. Motion declared
carried.
City Attorney Wiltse explained to the Aldermen the voting
process: the City Clerk will distribute a ballot to each
Alderman who will write their name in the upper right
hand corner; they will mark the ballot for the candidate
of their choice; the Aldermen will fold their ballot; the
City Clerk will collect the ballots, return to her chair
where she will tally the vote (with the City Attorney
watching the procedure) , announce the vote and then
announce who voted for which candidate.
ACTING
MAYOR
(Cont'd. )
RECESS:
152
12/8/99
PAGE SEVEN
BALLOT #1 PINK
Candidate Christiansen received two (2) votes (Elstner,
Christiansen) ;
Candidate Brookman received three (3) votes (Sayad,
Brookman, Becker) ;
Candidate Smith received one (1) vote (Smith); and
Candidate Arredia received two (2) votes (Beauvais,
Arredia) .
City Clerk McAllister asked if any candidate wished to
withdraw their nomination at this time. There were no
nominations withdrawn.
Alderman Brookman stated that she wishes to raise the
issue of the number of votes needed to elect an Acting
Mayor; she asked that her position be entered into the
official record of this meeting:
"It is my contention that the vote needed to elect an
Acting Mayor is a plurality--the most votes cast , rather
than a majority. I believe that the State Statutes
control in this matter. I believe the votes just cast
constitute the election of an Acting Mayor. If the City
Attorney directs us to continue voting, I will
participate, but I contend that we have already elected
an Acting Mayor."
Mayor Pro Tern Christiansen reminded Aldermen Brookman
that the City Council already voted earlier in the
meeting that a majority of five (5) votes would be needed
to elect an Acting Mayor.
BALLOT #2 BLUE
Candidate Christiansen received two (2) votes (Elstner ,
Christiansen) ;
Candidate Brookman received three (3) votes (Sayad,
Brookman, Becker) ;
Candidate Smith received one (1) vote (Smith);
Candidate Arredia received two (2) votes (Beauvais ,
Arredia ) .
Moved by Smith, seconded by Sayad, to take a five (5)
minutes recess. Motion declared carried.
The City Council recessed at 8:36 p.m.
The City Council reconvened at 8:47 p.m.
City Clerk McAllister asked if any candidate wished to
withdraw their nomination at this time. No candidate
withdrew their nomination.
Alderman Sayad stated that he would like to go on record
that he agrees with Alderman Brookman on her earlier
statement for the record that a plurality vote is
sufficient to elect an Acting Mayor. Alderman Sayad
stated he will continue to vote if the City Attorney
advises him to vote with his objection. City Attorney
Wiltse stated that as he has advised the Aldermen and the
other 40 municipal attorneys have advised the Aldermen,
a majority vote of five (5) is required.
Alderman Becker stated that he would like to go on record
that he agrees with Alderman Sayad, but he would like to
have another vote taken before going into Executive
Session.
BALLOT #3 GREEN
Candidate Christiansen received two (2) votes (Elstner,
Christiansen) ;
Candidate Brookman received three (3) votes (Sayad,
Brookman, Becker) ;
ACTING
MAYOR
(Cont'd.)
EXECUTIVE
SESSION:
RECESS:
153
12/8/99
PAGE EIGHT
Candidate Smith received one vote (1) vote; and
Candidate Arredia received two votes (2) (Beauvais,
Arredia) .
Moved by Becker, seconded by Sayad, to go into Executive
Session to discuss filling the vacancy of an elected
official. Upon roll call, the vote was:
AYES: 6-Beauvais, Sayad, Brookman,
Becker, Smith, Arredia
NAYS: 2-Christiansen, Elstner
ABSENT: 0-None
Motion declared carried.
The City Council recessed at 8:52 p.m.
The City Council reconvened at 9:40 p.m.
Roll call indicated the following aldermen present:
Beauvais, Christiansen, Elstner, Sayad, Brookman, Becker,
Smith, Arredia.
City Clerk McAllister asked if any candidate wished to
withdraw their nomination at this time. No candidate
withdrew their nomination.
BALLOT #4 YELLOW
Candidate Christiansen received two (2) votes (Elstner,
Christiansen) ;
Candidate Brookman received three (3) votes (Sayad,
Brookman, Becker) ;
Candidate Smith received one (1) vote (Smith); and
Candidate Arredia received two (2) votes (Beauvais,
Arredia) .
Mayor Pro Tern Christiansen stated that the City Council
has two (2) options at this point: take another ballot
or recess to a date certain. Alderman Smith asked that
one more ballot be taken.
BALLOT #5 PURPLE
Candidate Christiansen received three (3) votes (Elstner,
Christiansen, Smith) ;
Candidate Brookman received three (3) votes (Sayad,
Brookman, Becker) ;
Candidate Smith received no votes; and
Candidate Arredia received two (2) votes (Beauvais,
Arredia) .
Moved by Smith, seconded by Christiansen, to take a five
(5) minute recess. Upon roll call, the vote was:
AYES: 3-Christiansen, Elstner, Smith
NAYS: 5-Beauvais, Sayad, Brookman, Becker, Arredia
ABSENT: 0-None
Motion declared failed.
City Clerk McAllister asked if any candidate wished to
withdraw their nomination at this time. No candidate
withdrew their nomination.
BALLOT #6 SALMON
Candidate Christiansen received three (3) votes (Elstner,
Christiansen, Smith) ;
Candidate Brookman received three (3) votes (Sayad,
Brookman, Becker) ;
Candidate Smith received no votes; and
Candidate Arredia received two (2) votes (Beauvais,
Arredia)
ACTING
MAYOR
(Cont'd.)
RECESS:
ADJOURNMENT:
154
12/8/99
PAGE NINE
Moved by Elstner, seconded by Sayad, that a Special
meeting of the City Council be held on this matter
immediately following the Budget Hearing on Monday ,
December 13, 1999, at approximately 7:30 p.m., and if one
or more alderman is not present, the meeting will not be
held.
Alderman Becker stated that the people deserve a Mayor;
we are here tonight to elect a Mayor; it should be done
tonight; he will be voting against this motion; if the
meeting is held on December 13, 1999, he hopes the
candidates will look to the best interest of the citizens
of Des Plaines and try to move forward from that day and
put their personal feelings and egos aside.
Alderman Smith stated he will be voting against this
motion also; we are here to elect a Mayor tonight; we
should try to work this out tonight; there is no reason
why we can't do this tonight.
Moved by Smith, seconded by Becker, to take a ten (10)
minute recess. Upon roll call, the vote was:
AYES: 3-Becker, Smith, Arredia
NAYS: 5-Beauvais, Christiansen, Elstner,
Sayad, Brookman
ABSENT: 0-None
Motion declared failed.
Upon roll call on Alderman Elstner's motion, the vote
was:
AYES: 5-Christiansen, Elstner, Sayad,
Brookman, Arredia
NAYS: 3-Beauvais, Becker, Smith
ABSENT: 0-None
Motion declared carried.
Moved by Brookman, seconded by Sayad, that the SPECIAL
meeting of the City Council adjourn. Motion declared
carried. Meeting adjourned at 9:56 p.m.
-_-· -C-I T_Y_C_L_E_R_K
APPROVED BY ME THIS