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08-21-2000077 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DES PLAINES, ILLINOIS HELD IN THE ELEANOR ROHRBACH MEMORIAL COUNCIL CHAMBERS I DES PLAINES CIVIC CENTER I MONDAY I AUGUST 21, 2000 CALL TO ORDER: The regular meeting of the City Council of the City of Des Plaines, Illinois, was called to order by Acting Mayor Anthony W. Arredia at 7:00 p.m. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Civic Center on Monday, August 21, 2000. ROLL CALL: Roll call indicated the following aldermen present: Beauvais, Christiansen, Elstner, Sayad, Brookman, Becker, Smith, Petersen. Also present were: Assistant City Manager-EDC Schneider, Assistant to the City Manager Bajor, Director of Finance Egeberg, Police Chief Ryan, Fire Chief Farinella, Director of Public Works Killian, Director of Engineering Oakley, Director of Community Development D'Onofrio, Director of Human Resources & Services Merriman, Director of Emergency Communications Ornberg, Keep Des Plaines Beautiful Coordinator Rosinia, Community Development Coordinator Broder, Assistant City Attorney Bartel and City Attorney Wiltse. PRAYER AND PLEDGE: RECOGNITIONS: PRESENTATION: The opening prayer was given by Reverend James Hargelroad, First Presbyterian Church, followed by the Pledge of Allegiance to the Flag. Acting Mayor Arredia presented a plaque of appreciation to Mr. Frank Borg, Hyatt Corporation, Rosemont, IL, for their donation of 20 computers to the Des Plaines Community Senior Center, and expressed the City's deep appreciation for their generous contribution. Acting Mayor Arredia presented a plaque of appreciation to Mr. Chuck Staes, Sysco Food Service, 2 5 o Wieboldt Drive, for their donation of 20 pallets of food to the Des Plaines Self-Help Closet & Food Pantry and other items, i.e. baby chairs, cups, spoons, and expressed the City's deep appreciation for their generous contribution. Acting Mayor Arredia presented a certificate of appreciation to 3-year old Victoria Pratt for saving her 2-year old friend's life from drowning by alerting her mother that she was in a pool without wearing any floaties; 2-year old Jessica Miller was also introduced to the City Council. Acting Mayor Arredia introduced Lauren Wobig from the Illinois Department of Natural Resources, Office of Water Resources, who gave a brief update on how they are working with many different agencies to bring flood control into Des Plaines; they are looking for additional storage in the watershed at various sites, i.e. Lutheran General Hospital Pond, Lake Mary Anne, Dude Ranch Lake; several projects will begin this summer and going into 2002, i.e. Farmer's-Prairie Restoration, Rand Park Phase I, II, III. Cook County Commissioner Herb Schumann addressed the City Council stating that there are three (3) flood projects scheduled for Cook County: Rand Park Levy, levy along River Road in Mt. Prospect and Prospect Heights, and Big Bend Lake, which is the biggest and most complex project; it is scheduled for design in 2002; it will take a lot of cooperation; it will not be easy. Acting Mayor Arredia acknowledged the presence in the audience of State Representative Rosemary Mulligan, Village President Skip Farley of Mt. Prospect, Maine ~ PRESENTATION (Cont'd.) CITIZEN PARTICIPA.: DRIVEWAY APRON REIMBURSE./ 1036 SEYMOUR: BIDS/ GARLAND PLACE CUL-DE-SAC: CONSENT AGENDA: 078 8/21/00 PAGE TWO Township Supervisor Mark Thompson, and thanked them for their efforts on these projects. Mr. John Sirles, U.S. Army Corps of Engineers, addressed the City Council stating that he would like to emphasize that there is a lot of work yet to go from the sponsors and from the Army Corps too; we need everyone to be very involved. Mr. Wayne Serbin, 83S Pearson Street, addressed the City Council stating that during the recent "book move" to the new Library, there was a 21-gun salute; why?; veterans were perturbed; why did they move the books back to the old Library?; it was a farce to have these people move the books and then move them back; police time was used; traffic was delayed; it was very inefficient. Alderman Christiansen stated that the 21-gun salute was done by the Des Plaines Lions Club just for the "book move" as part of a special ceremony for all those who had died in the war. Ms. Diane Peters, 1713 Van Buren Avenue, addressed the City Council asking whether the City thought of putting standard information on the web site; maybe information from the newsletter; people would find it very valuable. Alderman Petersen requested reimbursement for a homeowner in her Ward that put in a new driveway apron at a cost of $S,600 and then the City put in a new street. Moved by Petersen, seconded by Sayad, that homeowner at 1036 Seymour Avenue be reimbursed for 10% of the cost of a new driveway apron ($S, 600) in the amount of $S60, because the street was reconstructed shortly after this work was done. Moved by Smith, seconded by Becker, to adopt a substitute motion that Staff be authorized to investigate this matter and report back to the City Council. Motion declared carried. Moved by Elstner, seconded by Brookman, to reject all bids received on June 1, 2000, for Garland Place Cul-De- Sac (part of the Year 2000 Sidewalk and Curb Replacement Program) and this project be rebid later this year. Motion declared carried. (This matter was scheduled to be discussed under Committee of the Whole later in the meeting.) Alderman Brookman requested that Items 2, S, Sa, 6, and 6a be removed from the Consent Agenda; Alderman Petersen requested that Items 4 and 4a be removed; and Alderman Christiansen requested that Item lS (new item) be removed. Moved by Brookman, seconded by Sayad, to establish a Consent Agenda except for Items 2, 4, 4a, s, Sa, 6, 6a and lS. Motion declared carried. Moved by Elstner, seconded by Sayad, to approve the Consent Agenda. Upon roll call, the vote was: AYES: 8-Beauvais, Christiansen, Elstner, Sayad Brookman, Becker, Smith, Petersen NAYS: 0-None ABSENT: 0-None Motion declared carried. Minutes were approved; Staff recommendations and requests were approved; and Ordinances M-37-00 and M-38-00 were adopted. MINUTES/ 7/24/00 COMMITTEE: Consent Agenda MINUTES/ 8/7/00: MINUTES/ EXEC. SESS. 8/7/00: Consent Agenda CONSOLIDATED CDBG PLAN/ 2000-2004 &: ANNUAL BUDGET: Resolution R-57-00 AGREEMENT/ HOPE NOW &: P.A.D.S. HOMELESS DAY SHELTER: 079 8/21/00 PAGE THREE Moved by Elstner, seconded by Sayad, to approve minutes of the Executive Session of the Committee of the Whole held July 24, 2000. Motion declared carried as approved unanimously under Consent Agenda. Moved by Brookman, seconded by Sayad, to TABLE until September 5, 2000, the minutes of the regular meeting of the City Council held August 7, 2000. Motion declared carried. Moved by Elstner, seconded by Sayad, to approve minutes of the Executive Session of the City Council held August 7, 2000. Motion declared carried as approved unanimously under Consent Agenda. Alderman Petersen stated that she has a problem with CDBG funds being used for Section VIII housing and group homes, because of problems she has in her Ward with a group home. Alderman Sayad stated that he also has some problems with groups homes in his Ward; there should be a better procedure. Alderman Becker stated that it seems to him that there are two (2) separate issues here; the Village of Mundelein recently passed an ordinance regarding group homes and repeating problems; he will get a copy of the ordinance send it to Police Chief Ryan and City Attorney Wiltse. Alderman Petersen stated her concern that if the City takes this money, HUD will tells us how it can be utilized. Director of Community Development D'Onofrio and Community Development Coordinator Broder stated that the City Council approves a budget on what programs and agencies are funded; the placement of group homes from the City's perspective is only controlled by the Zoning Ordinance as related to location; the City has no jurisdiction in the operation of group homes. Moved by Smith, seconded by Becker, to concur with Staff recommendation to approve the City's Consolidated Plan for Community Development Block Grant (CDBG) program years 2000-2004 (replaces previous 1995-1999 Plan approved by the City Council in August, 1995); authorize Acting Mayor and City Clerk to sign the Housing and Community Development Action Plan for (CDBG) Program Year 2000 Budget (October 1, 2000 -September 30, 2001), for a total amount of $311,000; as presented at a Public Hearing held August 3, 2000; submit all to the U.S. Department of Housing and Urban Development (HUD) before the end of August, 2000; and further recommend to adopt Resolution R-57-00, A RESOLUTION APPROVING THE CITY OF DES PLAINES 2000-2004 HOUSING AND COMMUNITY DEVELOPMENT PLAN. Upon roll call, the vote was: AYES: 7-Beauvais, Christiansen, Elstner, Sayad, Brookman, Becker, Smith NAYS: 1-Petersen ABSENT: 0-None Motion declared carried. Alderman Brookman questioned whether there was a plan how to get these people to the day shelter and back; if not, can they go to the P.A.D.S. location in the Village of Palatine. Community Development Specialist Broder stated that the agreement specifies that they will provide transportation SHELTER Resolution R-58-00 (Cont'd.) INTERGOVER. AGREEMENT/ PRAIRIE &: FARMERS CREEKS: Resolution R-59-00 080 8/21/00 PAGE FOUR service that will go around to the various P.A.D.S. sites. Alderman Brookman questioned whether this was a one-time expense. Specialist Broder said yes, the total cost (approximately one-half million) will be paid by HUD , Cook County, Village of Arlington Heights and the Village of Mt. Prospect; once they have the building HOPE NOW and P.A.D.S. will be responsible for it. Alderman Petersen stated that this project also involves CDBG funds so she will be voting no. Moved by Brookman, seconded by Sayad, to concur with Staff recommendation that Acting Mayor and City Clerk be authorized to execute agreement with HOPE NOW, Inc., 31 E. Golf Terrace, Arlington Heights, IL 60056, and Northwest Suburban Public Action to Deliver Shelter (P.A. D.S.) , for the acquisition cost for a building located at 1140 E. Northwest Highway, Palatine, IL 60067 , to serve as a day shelter for the homeless, at a cost to the City of $35,000/CDBG Funds, contingent upon receipt of the sale contract, confirmation of other funding sources and amounts, and a letter of approval from the Village of Palatine; and further recommend to adopt Resolution R-58-00, A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DES PLAINES, HOPE NOW, INC. AND NORTHWEST SUBURBAN PUBLIC ACTION TO DELIVER SHELTER FOR THE PROVISION BY THE CITY OF DES PLAINES OF UP TO $35,000 FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR THE PURPOSE OF ACQUISITION OF REAL PROPERTY. Upon roll call, the vote was: AYES: 7-Beauvais, Christiansen, Elstner, Sayad, Brookman, Becker, Smith NAYS: 1-Petersen ABSENT: 0-None Motion declared carried. Alderman Brookman stated that public recognition should be given to State Representative Rosemary Mulligan and deceased State Senator Marty Butler for their tireless efforts for flood relief in this area; especially this project. Moved by Brookman, seconded by Sayad, to concur with Staff recommendation that Acting Mayor and City Clerk be authorized to execute Intergovernmental Cooperation Agreement with Illinois Department of Natural Resources to accept $700,000 from the State of Illinois through the build Illinois Fund for construction of the Rand Park Flood Control Project and rehabilitation of Prairie and Farmers Creeks; also accept $500,000 from the State of Illinois General Fund for the maintenance and restoration of certain areas of Prairie and Farmers Creeks; and further recommend to adopt Resolution R-59-00, A RESOLUTION AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL COOPERATION AGREEMENT BETWEEN THE CITY OF DES PLAINES AND THE STATE OF ILLINOIS/DEPARTMENT OF NATURAL RESOURCES FOR THE CITY'S ACCEPTANCE OF BUILD ILLINOIS FUNDS FOR THE RAND PARK FLOOD CONTROL PROJECT AND THE REHABILITATION OF PRAIRIE CREEK AND FARMERS CREEK AND RESTORATION OF AREAS OF PRAIRIE CREEK AND FARMERS CREEK. Upon roll call, the vote was: AYES: 8-Beauvais, Christiansen, Elstner, Sayad, Brookman, Becker, Smith, Petersen NAYS: 0-None ABSENT: 0-None Motion declared carried. CONTRACT EXTENSION/ BALLARD &: COLUMBIA LIFT STA.: Consent Agenda PARKING PAD VARIATION/ 510 s. MT. PROSPECT: Consent Agenda PARKING PAD VARIATION/ 518 s. MT. PROSPECT: Consent Agenda ADVERTISING FOR BIDS: Consent Agenda REAPPOINT- MENTS: Consent Agenda ORDINANCE M-37-00 LIC. AGREE./ 185 STRATFORD: Consent Agenda ORDINANCE M-38-00 LIC. AGREE./ 71 INNER CIRCLE: Consent Agenda 081 8/21/00 PAGE FIVE Moved by Elstner, seconded by Sayad, to concur with Staff recommendation to authorize extension to contract with Baxter & Woodman, 8678 Ridgefield Road, Crystal Lake, IL 60012 (approved on February 7, 2000, to provide design services for the Ballard Road and Columbia Avenue Lift Station Replacements), to perform additional work including final payment request, final quantity and construction record drawings for City files, at a cost not-to-exceed $2, 500/Year 2000 CIP. Motion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Sayad, to concur with Staff recommendation to grant request for Variation to Section 4-7-9 of the Building Code Amendments to permit construction of a 5.92' x 25.17' parking pad next to existing driveway in the front yard of property located at 510 S. Mt. Prospect Road. Motion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Sayad, to concur with Staff recommendation to grant request for Variation to Section 4-7-9 of the Building Code Amendments to permit construction of an 11. 92' x 25' parking pad next to existing driveway in the front yard of property located at 518 S. Mt. Prospect Road. Motion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Sayad, to concur with Staff recommendation that City Clerk be authorized to advertise for bids to Furnish and Deliver Sodium Chloride, returnable by 3:00 p.m., Thursday, September 7, 2000. Motion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Sayad, to concur with Staff recommendation that City Clerk be authorized to advertise for bids for Installation of Roof at Fire Station #2, returnable by 3:00 p.m., Friday, September 1, 2000. Motion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Sayad, to approve Mayoral reappointments as follows: LIBRARY BOARD Susan Burrows, term to expire June 30, 2003 William Grice, term to expire June 30, 2003 Rhys Read, term to expire June 30, 2003 KEEP DES PLAINES BEAUTIFUL Maggie O'Donnell-Ancona, term to expire June 1, 2003 Donna Holtz, term to expire June 1, 2003 ARCHITECTURAL COMMISSION William Muehlenbeck, term to expire August 31, 2001 CONSUMER PROTECTION COMMISSION Sharon Smith, term to expire August 30, 2004 Motion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Sayad, to adopt Ordinance M-37-00, AN ORDINANCE AUTHORIZING THE EXECUTION OF A RIGHT-OF-WAY LICENSE AGREEMENT FOR BRICK PAVING OF A DRIVEWAY APPROACH IN THE PUBLIC RIGHT-OF-WAY WITH OWNER DANIEL W. WILSON, 185 STRATFORD ROAD, DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. Moved by Elstner, seconded by Sayad, to adopt Ordinance M-38-00, AN ORDINANCE AUTHORIZING THE EXECUTION OF A RIGHT-OF-WAY LICENSE AGREEMENT WITH JOSEPH NASCA, PROPERTY OWNER, FOR THE INSTALLATION OF AN UNDERGROUND LAWN SPRINKLER SYSTEM IN THE PUBLIC RIGHT-OF-WAY IN FRONT OF 71 INNER CIRCLE DRIVE, DES PLAINES, ILLINOIS. Motion declared carried as approved unanimously under Consent Agenda. CONSTRUCTION ENG. SVS./ WEBSTER LANE SIDEWALK &: DRAINAGE: REPORT/ MAINTENANCE OF LATERAL SEWERS: 082 8/21/00 PAGE SIX Moved by Sayad, seconded by Brookman, to concur with Staff recommendation to accept proposal from Peter F. Olesen and Associates, Inc., 500 W. Central Road, Suite 205, Mt. Prospect, IL 60056, to perform construction engineering services for the Webster Lane Sidewalk and Drainage Improvements, in the amount of $34,142.16/General Improvement Fund. Alderman Christiansen stated that he will be voting no for the same reasons he has expressed at other meetings on this matter. Upon roll call, the vote was: AYES: 6-Beauvais, Elstner, Sayad, Brookman, Becker, Petersen NAYS: 2-Christiansen, Smith ABSENT: 0-None Motion declared carried. ACTING MAYOR ARREDIA DECLARED THAT THE CITY COUNCIL WAS NOW RESOLVED INTO A COMMITTEE OF THE WHOLE ENGINEERING Alderman Elstner, Chair Director of Engineering Oakley reviewed his memo of July 28, 2000, which outlined the two (2) options being presented by the Staff for the maintenance of sewer laterals throughout the City; Option 1 proposes that the work be done by the Public Works Department; Option 2 proposes that the work be contracted by the City with a pre-approved plumber. Director Oakley stated that the Staff is recommending Option 2; the Public Works Department does not have the Staff to do the work; a sewer user fee is being recommended at an additional cost of 9 cents. Alderman Elstner asked what the effective date would be for this program. Director Oakley stated that the program would begin as soon as an ordinance is passed as to the funding of the program; no retroactive date was recommended by the Staff. Alderman Beauvais asked about multi-family homes, privately-owned streets, mobile parks and townhomes. Director Oakley stated that just single-family homes were considered for this program. Alderman Beauvais stated that it would be difficult for her to support this program as it doesn't include all the residents; they would be charged for something they would never see the benefits from. Alderman Christiansen stated that he agrees with Alderman Beauvais; we should include multi-family homes; the Village of Schaumburg has a reimbursement policy with strict restrictions; have we looked at that? Director Oakley stated that they did and some of their guidelines were included in this proposal. Alderman Sayad stated that he agrees with Aldermen Beauvais and Christiansen; and hopefully after two (2) or three (3) years we should see a decrease because of the maintenance program; we can go out and observe where potential problems are occurring and correct them ahead of time; as the program goes on maybe the tax can be rescinded; this problem should have been corrected years ago; it is our obligation; we put the roads in; the citizens are not responsible for that; in time the costs will decrease because of this maintenance program; he ~ SEWERS (Cont'd.) PAGE SEVEN 083 8/21/00 agrees that Option 2 is the way to go; if after two (2) or (3) years the program is manageable, we can cut off the contractor and do the work in-house. Alderman Brookman questioned how this program would work after-hours and on the weekends. Director Oakley stated the City has crews that respond to emergencies. Alderman Brookman stated that she agrees with Staff recommendation of Option 2; she complimented both Director Oakley and Director of Public Works Killian for presenting this responsible and sound approach to the sewer lateral maintenance. Alderman Becker stated that he would also like to commend Director Oakley for this report; does it include duplexes. Director of Community Development D'Onofrio said yes, but not condo buildings. Alderman Becker stated that he will be supporting Option 2, but he would like to see what can be done for the condos. Alderman Smith stated that he agrees with Alderman Sayad; if too much money is collected for the work to be done, we should adjust the amount or use the balance for specific repairs. Alderman Petersen asked how this program would impact residents of Waycinden Park who have Citizens Utility. Director Oakley stated that Citizens Utility has a similar program. A resident at 1116 W. Grant Drive addressed the Committee of the Whole stating that he recently got a permit and replaced his sewer; the City should consider making this program retroactive. Mr. Vince Powers, 862 Webster Lane, addressed the Committee of the Whole thanking the City Council and the Staff on behalf of all the people in Des Plaines for this solution to a problem that has affected the City for many years. Alderman Christiansen stated that maybe this program should be for 12 months to see how costly it will be; 9 cents may be enough or too much. Director of Finance Egeberg stated that there may be some bond funds that could fund this program for six (6) or twelve months. Alderman Christiansen stated that he would like to see the program retroactive on a percentage basis. Director Oakley stated that the Staff is concerned about making it retroactive since they did not see whether the work was necessary. Moved by Brookman, seconded by Sayad, to recommend to the City Council to approve Option 2 for the maintenance of sanitary sewer laterals for residential properties throughout the City as described in Director of Engineering Oakley's memo of July 28, 2000, for six (6) to 12 months with funding from existing storm sewer user fees; City Attorney be authorized to draft necessary ordinance; and Staff be authorized to prepare a report for the September 18, 2000 City Council meeting regarding repair records including costs for multi-family dwellings. Upon roll call, the vote was: AYES: 8-Beauvais, Christiansen, Elstner, Sayad, Brookman, Becker, Smith, Petersen NAYS: 0-None ABSENT: 0-None Motion declared carried. YEAR 2000 HOLIDAY DECORATIONS: 084 8/21/00 PAGE EIGHT PUBLIC WORKS Alderman Smith, Chair Keep Des Plaines Beautiful Coordinator Rosinia reviewed Director of Public Works Killian's memo of August 9, 2000, which presents two (2) options for holiday decorations and a request for additional funding. Alderman Beauvais asked if this couldn't wait for the budget hearings. Coordinator Rosinia stated that at the 1999 budget hearings, they were told to make a fall 2000 request if the cost exceeded $30,000. Alderman Brookman stated that she is not comfortable paying $6,200 for a decorated tree; we need more information; she cannot vote for this. Alderman Becker stated that he has a problem spending this much money for a tree; how long would the carriage rides last. Coordinator Rosinia stated that they would go on all evening; the two (2) carriages hold 20 people each. Alderman Brookman asked where the tree would be located. Coordinator Rosinia stated in front of the Library. Acting Mayor Arredia stated that he thought the Library was going to help the City with the purchase of the tree; share the cost or have a tree of their own. Coordinator Rosinia stated that they will have a tree on the inside of the Library and outline the building with lights. Alderman Becker stated that we could purchase ten (10) trees or so from the Des Plaines Optimist Club through their Christmas tree program and then have school children decorate them. Mr. Carl Gulley, 1408 Wedgewood Avenue, addressed the Committee of the Whole stating that he thinks $6,000 for a tree is a lot of money; he thinks the suggestion of getting children to participate is good and purchasing the trees from the Optimist Club is good; he is a little concerned about the lack of participation from the Chamber of Commerce; he wants to see some more activity from them. Alderman Becker stated that he would be happy to contact the Optimist Club for cost of the trees, and contact the schools to see how many would be interested in participating in decorating these trees. Moved by Brookman, seconded by Sayad, to recommend to the City Council that Staff be authorized to provide a cost justification for the Year 2000 Holiday Decorations and review the options that were presented this evening. Moved by Christiansen, seconded by Petersen, to adopt a substitute motion and recommend to the City Council to approve Option 1 for Year 2000 Holiday Decorations as outlined in Director of Public Works Killian's memo of August 9, 2000, minus the live 20' decorated tree in the amount of $6,250, for a revised total of $39,088.50/ Budgeted Funds and Contingency Funds; and Alderman Becker to contact the Des Plaines Optimist Club regarding purchase of Christmas trees to be placed in front of the Library, and contact the schools regarding the children decorating these trees. Alderman Elstner stated that Alderman Brookman should receive the information she is requesting, but that should not stop this from going forward this evening; he would like to go with Alderman Becker to the schools. DECORATIONS (Cont'd.) RECESS: SALARY OF ELECTED OFFICIALS: 085 8/21/00 PAGE NINE Alderman Petersen stated that we should trust our Staff; they will come up with a wonderful program. Upon roll call, the vote was: AYES: 8-Beauvais, Christiansen, Elstner, Sayad, Brookman, Becker, Smith, Petersen NAYS: 0-None ABSENT: 0-None Motion declared carried. Coordinator Rosinia stated that she would send the requested cost figures to the aldermen. Moved by Brookman, seconded by Smith, that there be a five (5) minute recess. Motion declared carried. The Committee of the Whole recessed at 9:10 p.m. The Committee of the Whole reconvened at 9:15 p.m. FINANCE & ADMINISTRATION Alderman Brookman, Chair Alderman Brookman stated that there is no request for a pay increase for the mayor or aldermen. Alderman Brookman reviewed the packet of information received from City Clerk McAllister, which stated that the salaries of those officials who will be elected in April of 2001, must be fixed 180 days before the officials assume office; description of the City Clerk's duties; our ordinances; pay survey of what other City Clerks are being paid. Alderman Brookman stated it is her understanding from the information provided, that the City Clerk is proposing that the salary be increased from the current base level of $43,070 to $51,153 with an additional 3.5% incr~ase for each of the next four years, which would bring the salary over $60,000 at the end of the term. Alderman Sayad stated that this is a part-time position, just like the mayor and aldermen; there are no hours in her job description nor in her proposed recodification of the City Code; this would amount to a 18.8% increase plus 3.5% for each year or an increase of 22.8% (see Council file for the cost analysis) . Alderman Sayad stated that if you add up what the mayor receives and what the aldermen receive, it does not add up to what the City Clerk makes; if something like this is passed, he may run for City Clerk himself; she has an office; how is this justified; how can we give her a 41% increase. Alderman Smith stated that it has been four (4) years since her salary was increased, so this is not really an increase for one (1) year; he doesn't think the percentage increase being requested is out-of-line; it is for a yearly cost-of-living just like other employees; he doesn't think this is a part-time position; he doesn't think the increase that was suggested is unreasonable. Alderman Becker stated that he agrees to a point with Alderman Smith that the City Clerk does not do a part- time job; she does a full-time job, but she is an elected official and we could have a new City Clerk at the next election; the ordinance does not say that the City Clerk is full time; we need to look at the ordinance. Alderman Petersen stated that she does not see the position as part-time; the City Clerk is here at the SALARY (Cont'd.) 086 8/21/00 PAGE TEN meetings to all hours; she sees nothing wrong in giving the City Clerk an increase; she is highly under-paid; no one should wait four (4) years for a raise; she is in favor of a raise. Alderman Christiansen stated that he thinks the salary will dictate what the hours will be; in this case this is a full time salary so the job is full time; we should look at establishing a minimum salary for this job in the near future as the ordinance states; what is being proposed by the City Clerk is a 14% increase based on what the cost of living increases would have been for the last four (4) years; he questioned whether a 3.5% cost- of-living increase could be given every year. City Attorney Wiltse stated that he did speak to the Attorney General's Office regarding that point and he was told that in 1978 the Attorney General issued an opinion that tying a wage increase to the cost-of-living was a valid way to go forward; a step increase would be appropriate. Alderman Beauvais stated that City Clerk McAllister has been with us for a very long time; the voters have put her there; she has the education and the knowledge to make her office run appropriately; her salary is given to her for a full time position, but what about future City Clerks; if we get a new clerk every four (4) years the salary rate is going to escalate and we could get someone in there that has to be educated; one of the things you get paid for is experience; she questioned whether the ordinance shouldn't be adjusted for when a new City Clerk takes office. City Attorney Wiltse said yes, an ordinance could be structured for experience. Alderman Sayad stated that the ordinance only says the City Clerk shall devote such time to the office as the duties of the office shall require, subject to the direction of the Mayor and City Council; this is also in the recodification proposed by the City Clerk; it doesn't say that she has to have any education; all elected officials have the same qualifications, Mayor, Aldermen and City Clerk; if this raise goes through, he wants a raise too; he is a part-time elected official and so is she; he wants $36,000 a year. Alderman Smith stated that he challenges Alderman Sayad to make a motion to reduce the City Clerk's salary to $3,600 since he is saying the City Clerk's position is part-time and should be compensated similar to other elected officials. Alderman Becker stated that he thinks the City Clerk does a fine job but this is not a "Donna McAllister" issue; this comes down to protecting the people of Des Plaines; we have to look at the ordinance to make this a full-time position. Acting Mayor Arredia stated from his experience in corporate America this is a classic argument of when you have an excellent person doing the job you start looking at the person instead of the job; the premise for any job description or any dollars that are allocated to a job are based on the value of the job not the value of the person; this doesn't take credit away from our current City Clerk, we all know what a good job she does; we should look at the total picture of the position; the value of the job, not the person in the job. Alderman Brookman stated that she has to question why there is such disparity between the position of City Clerk, Mayor and Aldermen; all of them are elected and\}11 SALARY (Cont'd.) WARRANT REGISTER: LIQ. LIC. ORDINANCE AMENDMENTS: 087 8/21/00 PAGE ELEVEN all are part-time; we don't know what will happen in April and who will hold the City Clerk's position; once we set the salary it applies to whomever is in the position, whether they have any experience or not; IMRF benefits should be included as compensation. Mr. Wayne Serbin, 835 Pearson Street, addressed the Committee of the Whole stating that Alderman Sayad neglected to mention that he has two (2) jobs, his own business and being alderman; most of the aldermen have other jobs; they do struggle to do their own job and be an alderman. Ms. Laura Murphy, 53 8 Prairie Avenue, addressed the Committee of the Whole stating that there was a referendum as to whether the position should be full time, subject to incremental pay increases and pay schedule as other City employees and the voters overwhelming said no; it should not be full time; keep these facts in mind. Mr. Vince Powers, 862 Webster Lane, addressed the Committee of the Whole stating that the only thing that has been discussed is one (1) position; he would like to talk about the aldermen and the mayor; he proposes that the aldermen take their $150 a month expenses and put it into their monthly salary; on top of that they deserve a 10% raise; this is a demanding profession with many long hours; the Village of Rosemont trustees receive $19,000 a year; our Mayor is grossly underpaid; he should have a compensation equal to the City Clerk. Mr. Rich Bohan, 856 Margret Street, addressed the Committee of the Whole stating that he commends Alderman Sayad and agrees with him completely; this job is part- time; if you don't like it, don't run; that is the bottom line; this increase is a lot of money; he doesn't want someone to run just for the money. Mr. Carl Gulley, 1408 Wedgewood Avenue, addressed the Committee of the Whole stating that he thinks a lot of Donna; over the years that he has known her--she is quite a lady; does she deserve a raise?; yes, after four (4) years she is deserving a raise; the job has expanded over the years; the people overwhelming voted that they wanted an elected City Clerk; we will eventually have a new City Clerk; you need to sit down and address the job that the City Clerk is responsible for. Moved by Becker, seconded by Sayad, to recommend to the City Council that the matter of the salary for the City Clerk be TABLED until September 5, 2000. Upon roll call , the vote was: AYES: 5-Beauvais, Elstner, Sayad, Brookman Becker NAYS: 3-Christiansen, Smith, Petersen ABSENT: 0-None Motion declared carried. Moved by Christiansen, seconded by Smith, to concur with Staff recommendation and recommend to the City Council approval of August 21, 2000 -Warrant Register, in the amount of $4, 614, 504. 87, which includes $6, 476. 37 in expenditures to Home Depot; and further recommend that Resolution R-60-00 be adopted at appropriate time this evening. Motion declared carried (Alderman Elstner abstained on approving expenditures to Home Depot in the amount of $6,476.37 -conflict of interest). LEGAL & LICENSING Alderman Beauvais, Chair City Attorney Wiltse reviewed his memo of August 11, 2000 regarding the recommended changes to the liquor license ordinance to remove the requirement that bartenders be ~ LIQ. LIC. (Cont'd.) NEW CLASS H LIQ. LIC./ BEER &: WINE CARRY-OUT ONLY: RESIDENCY FOR DEPARTMENT HEADS: 088 8/21/00 PAGE TWELVE fingerprinted and that licensees have the ability to take alcohol awareness training at locations other than our Police Department and that training be offered at least every three (3) months by the City. Alderman Sayad questioned whether the City pays for the TIPs program and do they receive a card upon completion. City Attorney Wiltse stated that the City pays for the TIPs program and the individual receives a certificate but it is being proposed that the person receive a card. Alderman Sayad questioned why these things can't be visible; we see the liquor license; it would be easier for the Police to check; it should be part of the ordinance. City Attorney Wiltse stated that he would like to work with Police Chief Ryan on this. Alderman Brookman questioned the cost of running fingerprints. City Attorney Wiltse stated it is $26 plus administrative costs. Alderman Brookman stated that she thinks fingerprinting should be required for bartenders; she suggests that this be added back into the ordinance. Alderman Sayad stated that he can't see removing bartenders from the fingerprint requirement. Moved by Becker, seconded by Sayad, to recommend to the City Council that fingerprinting of bartenders remain in the liquor license ordinance; the Police Department of fer the alcohol awareness training program every three (3) months, but licensees have the ability to take the classes at locations other than our Police Department; and City Attorney be authorized to draft necessary ordinance. Motion declared carried. Aldermen Christiansen, Elstner and Petersen voted no. City Attorney Wiltse reviewed his memo of August 11, 2000, regarding the establishment of a new Class H, which would allow a 200 sq. ft. area for beer and wine carry- out sales only. Alderman Elstner stated that he does not like this ordinance; we will now have to consider requests from all over the City; this is a "can of worms"; he is not in favor of this. Alderman Smith questioned whether restrictions should be placed on this ordinance now and not at a later time. Alderman Elstner questioned why ordinance the way it is and individually. we can't keep the take each request Moved by Becker, seconded by Petersen, to recommend to the City Council that a new Class H Liquor License be established for Beer & Wine Carry-Out Only; and City Attorney be authorized to draft necessary ordinance. Upon roll call, the vote was: AYES: 5-Beauvais, Christiansen, Brookman, Becker, Petersen NAYS: 3-Elstner, Sayad, Smith ABSENT: 0-None Motion declared carried. Moved by Sayad, seconded by Christiansen, that the matter of Residency for Department Heads be TABLED to August 2 9, 2000. Motion declared carried. Aldermen Becker, Smith and Petersen voted no. ACTING MAYOR ARREDIA ASSUMED THE CHAIR AND DECLARED THE CITY COUNCIL BACK IN SESSION MINUTES/ 7/10/00: MINUTES/ 7/17/00: ORDINANCE Z-16-00 AS AMENDED CONDIT. USE/ 382 s. MT. PROSPECT: CABLE FRANCHISE AGREEMENTS: MAINTENANCE OF LATERAL SEWERS: 089 8/21/00 PAGE THIRTEEN Moved by Christiansen, seconded by Becker, that minutes of the regular meeting of the City Council held July 10, 2000, be amended and approved as follows: Page six, after Paragraph Four, insert: "Alderman Sayad stated that just as soon as the church comes back to the City with the new elevation plans, he will have a meeting with the residents to review the plans for their input." Motion declared carried. Moved by Becker, seconded by Christiansen, that minutes of the regular meeting of the City Council held July 17 , 200, be amended and approved as follows: First Amendment: Page One, after "Prayer and Pledge 11 insert: "MAYORAL OPENING COMMENTS: Acting Mayor Arredia read a letter from a resident commending the attitude and performance of an employee in the City Clerk's Office, Marge Fennell. Alderman Becker stated that it may not be a major thing in the meeting, but he believes that it may be in that person's life."; and Second Amendment: Page Four, under "NEW LIQ. LIC ... ," Second Paragraph, delete "it is too close to the Library. " and ADD: "we don't allow this type of store throughout the City and he doesn't know why we should change the laws because the developer is scampering around trying to fill these empty stores." Motion declared carried. Moved by Sayad, seconded by Brookman, to amend Ordinance Z-16-00 to ADD after "Christian and Missionary Alliance Church of Des Plaines," "a/k/a Faith Alliance Bible Church, " and adopt Ordinance z -16 -o o -AS AMENDED , AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT IN ACCORDANCE WITH SECTION 4 . 2 . 2 . 12 OF THE DES PLAINES ZONING ORDINANCE TO ALLOW THE EXPANSION OF AN EXISTING PLACE OF WORSHIP , LOCATED AT 382 S. MT. PROSPECT ROAD, DES PLAINES , ILLINOIS (CASE 00-12-CU-V) . Alderman Smith stated that he will be voting no for all the reasons he has expressed at previous meetings on this matter, i.e. "conditions placed on this Conditional Use are overly burdensome; this property is not in the flood plain; there is no requirement that the petitioner provide water retention; he is not against the Conditional Use, just the conditions being placed on it. 11 Upon roll call, the vote was: AYES: 7-Beauvais, Christiansen, Elstner, Sayad, Brookman, Becker, Petersen NAYS: 1-Smith ABSENT: 0-None Motion declared carried. Moved by Brookman, seconded by Becker, to concur with recommendation of Committee of the Whole held August 14, 2000, that Staff be directed to enforce Sections 7.1 and 7.2 of the franchise agreements with both Ameritech New Media and AT&T Broadband & Internet Services (formerly Telenois, Inc., d/b/a TCI of Illinois ), regarding the accuracy and validity of their accounting procedures for the calendar year 1999. Motion declared carried. Moved by Elstner, seconded by Becker, to concur with recommendation of Committee of the Whole to approve Option 2 for the maintenance of sanitary sewer laterals for residential properties throughout the City as described in Director of Engineering Oakley's memo of July 28, 2000, for six (6) to 12 months with funding from existing storm sewer user fees; City Attorney be authorized to draft necessary ordinance; and Staff be authorized to prepare a report for the September 18, 2000 City Council meeting regarding repair records including costs for multi-family dwellings. Upon roll call, the SEWERS (Cont'd.) YEAR 2000 HOLIDAY DECORATIONS: SALARY OF CITY CLERK: WARRANT REGISTER: Resolution R-60-00 AMENDMENT/ LIQ. LIC. ORDINANCE: NEW CLASS H LIQ. LIC./ BEER & WINE CARRY-OUT ONLY: RESIDENCY FOR DEPARTMENT HEADS: 090 8/21/00 PAGE FOURTEEN vote was: AYES: 8-Beauvais, Christiansen, Elstner, Sayad, Brookman, Becker, Smith, Petersen NAYS: 0-None ABSENT: 0-None Motion declared carried. Moved by Smith, seconded by Petersen, to concur with recommendation of Committee of the Whole to approve Option 1 for Year 2000 Holiday Decorations as outlined in Director of Public Works Killian's memo of August 9, 2000, minus the live 20' decorated tree in the amount of $6,250, for a revised total of $39,088.50/Budgeted Funds and Contingency Funds; and Alderman Becker to contact the Des Plaines Optimist Club regarding purchase of Christmas trees to be placed in front of the Library; and Aldermen Becker and Elstner to contact the schools regarding the children decorating these trees. Upon roll call, the vote was: AYES: 8-Beauvais, Christiansen, Elstner, Sayad, Brookman, Becker, Smith, Petersen NAYS: 0-None ABSENT: 0-None Motion declared carried. Moved by Brookman, seconded by Becker, to concur with recommendation of Committee of the Whole to TABLE until September 5, 2000, the matter of the salary for the City Clerk. Motion declared carried. Aldermen Christiansen, Smith and Petersen voted no. Moved by Brookman, seconded by Christiansen, to concur with recommendation of Committee of the Whole to adopt Resolution R-60-00, 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: $4,614,504,87, which includes $6,476.37 in expenditures to Home Depot. Upon roll call, the vote was: AYES: 8-Beauvais, Christiansen, Elstner, Sayad, Brookman, Becker, Smith, Petersen NAYS: 0-None ABSENT: 0-None Motion declared carried (Alderman Elstner abstained on approving expenditures to Home Depot in the amount of $6,476.37 -conflict of interest). Moved by Beauvais, seconded by Brookman, to concur with recommendation of Committee of the Whole that fingerprinting of bartenders remain in the liquor license ordinance; the Police Department offer the alcohol awareness training program every three (3) months, but licensees have the ability to take the classes at locations other than our Police Department; and City Attorney be authorized to draft necessary ordinance. Motion declared carried. Aldermen Christiansen, Elstner and Petersen voted no. Moved by Beauvais, seconded by Christiansen, to concur with recommendation of the Committee of the Whole that a new Class H Liquor License be established for Beer & Wine Carry-Out Only; and City Attorney be authorized to draft necessary ordinance. Motion declared carried. Aldermen Elstner, Sayad and Smith voted no. Moved by Beauvais, seconded by Christiansen, to concur with recommendation of Committee of the Whole that the matter of Residency for Department Heads be TABLED until August 29, 2000. Motion declared carried. Aldermen Smith and Petersen voted no. PETITIONS/ CORA ST.: ADJOURNMENT: 091 8/21/00 PAGE FIFTEEN Acting Mayor Arredia referred the petitions received in the City Clerk's Office on August 3, 2000, requesting restricted parking in the morning hours during the week on the 1600 block of Cora Street, to Staff for review and report. Moved by Brookman, seconded by Sayad, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 11:35 p.m. ~ Donna McAllister, CMC/AAE CITY CLERK APPROVED BY ME THIS ~-~~~~~-