10-03-2005174
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, OCTOBER 3, 2005
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, October 3, 2005.
ROLL CALL: Roll call indicated the following aldermen present:
Christiansen, Murphy, Sayad, Becker, Smith and Argus.
Aldermen Beauvais and Brookman were absent. Alderman
Beauvais arrived in Executive Session at 6:02 p.m.
Alderman Brookman arrived in Executive Session at 6:08
p.m.
Also present were: City Manager Niemeyer, Director of Finance Egeberg,
Police Chief Prandini, Fire Chief Heavey, Director of Engineering Oakley,
Director of Public Works Dusckett, Deputy Director of Community &
Economic Development-Building Code Molinari, Assistant City Attorney
Bartel and City Attorney Wiltse.
EXECUTIVE
SESSION:
PRAYER AND
PLEDGE:
UNION AGREE./
AFSCME
LOCAL #3891:
Resolution
R-137-05
COMPENSATION
PLAN/
AFSCME
LOCAL #3891:
Ordinance
M-66-05
Moved by Christiansen, seconded by Becker, to go i nto
Executive Session to discuss collective bargai ning,
acquisition of real property, pending litigation and
personnel. Upon roll call, the vote was:
AYES: 6-Christiansen, Murphy, Sayad,
Becker, Smith, Argus
NAYS: 0-None
ABSENT: 2-Beauvais, Brookman
Motion declared carried.
The City Council recessed at 6:01 p.m.
The City Council reconvened at 7:10 p.m.
Roll call indicated the following aldermen present:
Beauvais, Christiansen, Murphy, Sayad, Brookman, Becker,
Smith, Argus.
The opening prayer was given by Ghulam M. Faroogui,
Islamic Community Center of Des Plaines, followed by the
Pledge of Allegiance.
Moved by Sayad, seconded by Christiansen, to concur with
majority agreement in Executive Session that city ratify
contract with American Federation of State, County and
Municipal Employees (AFSCME) -Council 31, AFL-COI Local
#3891, effective May 1, 2005 through December 31, 2007;
and adopt Resolution R-137-05, A RESOLUTION RATIFYING AND
AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE
COLLECTIVE BARGAINING AGREEMENT WITH THE AMERICAN
FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES
(AFSCME), COUNCIL 31. Upon roll call, the vote was:
AYES: 7-Beauvais, Christiansen, Murphy,
Sayad, Brookman, Becker, Smith
NAYS: 1-Argus
ABSENT: 0-None
Motion declared carried.
Moved by Sayad, seconded by Murphy, to concur with
majority agreement in Executive Session to place on First
Reading Ordinance M-66-05 (compensation plan for AFSCME,
Local #3891). Motion declared carried. Alderman Argus
voted no.
Moved by Sayad, seconded by Christiansen, to advance to
Second Reading and adopt Ordinance M-66-05, AN ORDINANCE
AMENDING TITLE 1, "ADMINISTRATIVE," CHAPTER 8, "POSITION
CLASSIFICATION AND COMPENSATION PLAN TO THE CITY
SERVICE," SCHEDULE IV-A, "CLERICAL, ACCOUNTING AND ,.
AFSCME
(Cont'd. )
ACQUIS. OF
REAL PROPERTY
"QUICK TAKE"
POWERS/TIF #3
PROPERTIES:
CITIZEN
PARTICIPA. :
CITY-WIDE
SMOKE FREE
ENVIRONMENT:
DRIVEWAY
VARIATION/
1073
STOCKTON:
CONSENT
AGENDA:
INTERLOCAL
AGREEMENT/
HIST SOC.,
PARK DIST.,
& CITY:
Consent
Agenda
Resolution
R-139-05
PAGE TWO
175
10/3/05
MISCELLANEOUS PERSONNEL UNION," AND SCHEDULE V-A,
"TECHNICAL, ENGINEERING AND INSPECTION PERSONNEL -UNION"
OF THE CITY CODE. Upon roll call, the vote was:
AYES: 7-Beauvais, Christiansen, Murphy,
Sayad, Brookman, Becker, Smith
NAYS: 1-Argus
ABSENT: 0-None
Motion declared carried.
Moved by Becker, seconded by Murphy, to concur with
consensus in Executive Session that the matter of "Quick
Take" powers to acquire property at 265 W. Wille Road and
301 W. Wille Road in TIF #3, and Resolution R-138-05, be
TABLED and referred back to Staff for further
negotiation. Motion declared carried.
Mr. Brian Burkross, 2133 Webster Avenue, addressed the
City Council to thank Police Chief Prandini and Deputy
Police Chief Schneider for their outstanding cooperation
yesterday (October 2nd) during a motorcycle ride through
Des Plaines to help raise money to benefit special needs
children through Chicago and surrounding area; the
cooperation and participation of the Des Plaines Police
was exceptional.
Moved by Becker, seconded by Smith, to refer to the Legal
& License Committee the matter of whether there should
be a City-wide smoke free environment. Motion declared
carried. Alderman Sayad voted no.
Moved by Christiansen, seconded by Sayad, to remove Item
3 from the Consent Agenda regarding request for a
Driveway Variation for property located at 1073 Stockton
Avenue and place that matter on the October 17, 2005
meeting agenda under Committee of the Whole. Motion
declared carried.
City Clerk McAllister requested that Item 8 be removed
from the Consent Agenda.
Moved by Beauvais, seconded by Becker, to establish a
Consent Agenda except for Item 3 (previously removed by
motion) and Item 8. Motion declared carried.
Moved by Sayad, seconded by Beauvais, to approve the
Consent Agenda. Upon roll call, the vote was:
AYES: 8-Beauvais, Christiansen, Murphy, Sayad,
Brookman, Becker, Smith, Argus
NAYS: 0-None
ABSENT: 0-None
Motion declared carried. Staff recommendations and
requests were approved; Ordinance M-65-05 was adopted;
and Resolutions R-139-05 and R-140-05 were adopted.
Moved by Sayad, seconded by Beauvais, to concur with
Staff recommendation that Mayor and City Clerk be
authorized to re-enter into an "Interlocal Agreement"
(first approved by the City Council on November 4, 1985)
with Des Plaines Park District and the Des Plaines
Historical Society to provide a Des Plaines Historical
Museum Complex with locations at 779-781 and 789 Pearson
Street, 815 Center Street and 2222 Birch Street, Room
112; and further recommend to adopt Resolution R-139-05,
A RESOLUTION AUTHORIZING THE EXECUTION OF AN INTERLOCAL
AGREEMENT BETWEEN THE DES PLAINES HISTORICAL SOCIETY, THE
CITY OF DES PLAINES AND THE DES PLAINES PARK DISTRICT.
Motion declared carried as approved unanimously under
Consent Agenda.
2005 HOLIDAY
DECORATIONS
CONTRACT
EXTENSION/
FOUR SEASONS:
Consent
Agenda
Resolution
R-140-05
ANNUAL MA.INT.
TELEPHONE &
COMMUNICATION
EQUIPMENT:
Consent
Agenda
c.o. #5/
SCADA SYSTEM
HOWARD ST. &
OAKTON ST.
WATER TANKS:
Consent
Agenda
ADVERTISING
FOR BIDS:
Consent
Agenda
EXTEND BID
RETURN DATE/
SALT STORAGE
BUILDING:
Consent
Agenda
ORDINANCE
A-1-05 -
AS AMENDED
DISANNEX.-
CITY PROPERTY
TO CHICAGO
(0' HARE) :
ORDINANCE
M-65-05
LIQ. LIC./
1472
MARKET ST.:
Consent
Agenda
PAGE THREE
176
10/3/05
Moved by Sayad, seconded by Beauvais, to concur with
Staff recommendation to approve one-year extension of
contract with Four Seasons Display, Inc., 1639 Oak Drive,
McHenry, IL 60050 (original bid approved by the City
Council on July 10, 2000, and one-year extensions of
three-year contract approved on October 6, 2003 and
October 18, 2004), for 2005 Holiday Decorations in the
amount of $26,341/TIF #1 Funds; and it would be in the
best interest of the City that usual bid procedures be
waived; and further recommend to adopt Resolution R-140-
05, A RESOLUTION AUTHORIZING THE EXTENSION OF A HOLIDAY
DECORATIONS AGREEMENT BETWEEN THE CITY OF DES PLAINES AND
FOUR SEASONS DISPLAY, INC. Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Sayad, seconded by Beauvais, to concur with
Staff recommendation to accept proposal from Network Data
Systems, 1921 Rohlwing Road, Suite #D, Rolling Meadows,
IL 60008, to provide annual maintenance of the City's
telephone and communication equipment in the amount of
$10,721.20/Computer Replacement Fund. Motion declared
carried as approved unanimously under Consent Agenda.
Moved by Sayad, seconded by Beauvais, to concur with
Staff recommendation to approve Change Order #5 to
contract with Argon Electric Company, Inc. , 2 4 7 2 E.
Oakton Street, Arlington Heights, IL 60005, for
Supervisory Control and Data Acquisition (SCADA) System
Upgrade (approved by the City Council on July 6, 2004 in
the amount of $527,495, Change Order #1 and #2 approved
by the City Council on June 6, 2005 in the amount of
$8,112.27, Change Order #3 approved by the City Council
on June 20, 2005 in the amount of $5,502.58, Change Order
#4 approved by the City Council on September 19, 2005 in
the amount of $18,515.45) for additional electrical
components and relays at water tank and lift stations
located at Howard Street and Oakton Street Elevated
Tanks, in the amount of $12,758.49/Water Funds, for a new
total contract amount of $559,625.30. Motion declared
carried as approved unanimously under Consent Agenda.
Moved by Sayad, seconded by Beauvais, to concur with
Staff recommendation that City Clerk be authorized to
advertise for bids for Altitude Valve and Vault
Replacement for Central Road Pumping Station and
Reservoir, returnable by 3:00 p.m., Monday, October 24,
2005. Motion declared carried as approved unanimously
under Consent Agenda.
Moved by Sayad, seconded by Beauvais, to concur with
Staff recommendation to authorize extension of bid return
date for replacement of Salt Storage Building at the
Public Works Facility, 1111 Joseph Schwab Road, from
October 5, 2005 to 3:00 p.m., Tuesday, October 11, 2005.
Motion declared carried as approved unanimously under
Consent Agenda.
Moved by Sayad, seconded by Smith, to adopt Ordinance A-
1-05, PHASE A DISCONNECTION AND EXCLUSION ORDINANCE
DISANNEXING AND EXCLUDING CERTAIN TERRITORY IN THE CITY
OF DES PLAINES. Upon roll call, the vote was:
AYES: 8-Beauvais, Christiansen, Murphy, Sayad,
Brookman, Becker, Smith, Argus
NAYS: 0-None
ABSENT: 0-None
Motion declared carried.
Moved by Sayad, seconded by Beauvais, to adopt Ordinance
M-65-05, AN ORDINANCE AMENDING TITLE 4, "BUSINESS
REGULATIONS," CHAPTER 4 "INTOXICATING LIQUORS," SECTION
5, "LICENSE FEES AND NUMBERS," OF THE DES PLAINES CITY
CODE TO ADD ONE CLASS A LIQUOR LICENSE FOR CHEESEBURGER-
ILLINOIS, LIMITED PARTNERSHIP, D/B/A CHEESEBURGER IN
PARADISE AT 1472 MARKET STREET, DES PLAINES, ILLINOIS.
Motion declared carried as approved unanimously un~f.Jrt.er
Consent Agenda. ~'
WARRANT
REGISTER:
DISCUSSION/
CITY EMPLOYEE
ADMINISTRA.
TIME CHARGED
TO LIBRARY:
PAGE FOUR
177
10 /3 /05
MAYOR ARREDIA DECLARED THAT THE CITY COUNCIL WAS NOW
RESOLVED INTO A COMMITTEE OF THE WHOLE
FINANCE & ADMINISTRATION Alderman Sayad, Chair
Moved by Christiansen, seconded by Murphy, to recommend
to the City Council approval of the October 3, 2005 -
Warrant Register, in the total amount of $2,517,169.38;
and further recommend that Resolution R-165-05 be adopted
at appropriate time this evening.
City Manager Niemeyer stated that the matter of the cost
of services provided to the Ds Plaines Library is being
brought to the aldermen now so that the Library Board has
ample time to adjust their budget if necessary.
Alderman Sayad read the list of services and costs as
provided in Director of Finance Egeberg's memo of
September 23, 2005; they should be paying for their
costs; they are a separate taxing body.
Alderman Smith stated that this is not a large amount;
we just approved a Warrant Register of over $2 million;
this is a practice that has been going on for a long
time; we have an excellent Library that is a benefit to
the City.
Alderman Brookman stated that she agrees with Alderman
Smith; we must reduce our budget if we are going to
charge the Library; we have asked the Library to
sacrifice the tax from the TIF districts and we are soon
going to establish another TIF; it is not too much to ask
for us to pick up the insignificant cost for the tax loss
they are experiencing; this will cause the Library to
increase their taxes to the residents.
Motion by Brookman to table this matter until it can be
determined what the impact the four (4) TIF districts
have on the Library FAILED FOR LACK OF A SECOND.
Alderman Murphy stated that the question is are we going
to create a stand-alone budget for the Library; should
there be a separate audit for the Library?
Alderman Christiansen stated that he is opposed to
charging the Library for these services; we are really
talking about a very small amount of money; he agrees
with Alderman Smith; we use their rooms at the Library
at no cost; we have had a good relationship with them.
Alderman Beauvais stated that the tax payer will be the
loser because the Library will have to go elsewhere for
these services; maybe we should look at a different
dollar amount that they can handle; maybe charge for room
rentals to make up for these dollars; maybe the Library
can meet with Staff to work out some of these costs.
Mrs. Noreen Lake, 1538 Campbell Avenue, addressed the
Committee of the Whole stating that she is President of
the Des Plaines Library Board of Trustees; the Library
is not a taxing body; 98% of our money comes from taxes.
Mrs. Sandra Norlin, Des Plaines Library Administrator,
addressed the Committee of the Whole stating that they
are not a separate taxing body; we are also not a City
department; we are a component of the City.
Mr. Brian Burkross, 2133 Webster Lane, addressed the
Committee of the Whole stating that he hasn't heard what
services the City wasn't able to provide because they are
providing these services; what would it cost the Library
if they had to go out and do their own accounting?
LIBRARY SVS.
(Cont'd. )
DISCUSSION/
RESIDENCY FOR
DEPARTMENT
HEADS:
PAGE FIVE
178
10/3/05
Mr. Gary Danfield, 655 River Road, addressed the
Committee of the Whole stating that this is ridiculous;
we are always looking for money around here; the Library
barely has enough money to make ends meet; it is not
cheap to run a library; they are going to have to cut
services.
Mr. Eldon Burk, 661 Walnut Court, addressed the Committee
of the Whole asking what is the benefit to the tax payer
for doing this?; the City is not going to lay off Staff;
the tax payer is the loser.
Moved by Brookman, seconded by Christiansen, to recommend
to the City Council that the Des Plaines Library not be
charged for the cost of administrative services provided
by the City. Motion declared carried.
LEGAL & LICENSING -Alderman Smith, Chair
City Manager Niemeyer reviewed his memo of September 19,
2005, regarding the City's current residency requirement
for department heads and his recommendations for a number
of alternatives that could alleviate some of the
concerns:
--#1 time period/change the time period that an
individual is allocated to move into Des Plaines from
nine (9) months to eighteen (18) months; the two (2)
current incumbents affected by this ordinance would
relocate to Des Plaines by March 1, 2006;
--#2 -moving expenses/offer moving expenses at cost to
a maximum of $10,000;
--#3 financial incentives/reimburse the employee a
portion of their mortgage, i.e. 1% of the employee's
total mortgage for ten ( 10) years or as long as the
employee stays with the City; and
--#4 -salary increase/an employee would not receive a
salary increase until they have complied with the
residency requirement.
Alderman Murphy questioned whether this should be
discussed in Executive Session since we are talking about
two ( 2) indi victuals. Alderman Murphy stated that we have
many good things to offer an employee over the private
sector; City government has become very attractive and
stable; she can't support any of the recommendations
except for #4.
Alderman Christiansen stated that he has always been
opposed to residency; he cannot support #2, 3, or 4; he
would support #1.
Alderman Beauvais stated that she is against residency;
she would support #1 and #4 if she had to support any of
these recommendations; we give a super package to
employees; maybe we could extend the time period.
Mr. Vince Powers, 862 Webster Lane, addressed the
Committee of the Whole questioning why the aldermen are
even talking about this; there was a referendum that
passed overwhelmingly; the aldermen are morally obligated
to vote to keep residency.
Mr. Jim Ulett, 445 Rose Avenue, addressed the Committee
of the Whole stating that he knows we had a refereendum,
but you can take another look at this; this was a non-
binding referendum; you are handcuffing this City; you
have to look to the future; he would be in favor of
extending the time; he would be happy to do a survey of
all the communities that have residency.
Mr. Brian Burkross, 2133 Webster Lane, addressed the
Committee of the Whole stating that the City seems to be
in violation of this referendum; he is not against
extending the time out to 18 months. ~
RESIDENCY
(Cont'd.)
PAGE SIX
179
10/3/05
Mr. Carl Kowalski, 156 W. Kathleen Drive, addressed the
Committee of the Whole stating that the goal is to hire
the most highly qualified candidate; what does where you
live have to do with your qualifications; if it is good
for private industry, it should be good for our City.
Mr. Ronald Moore, 1480 Jefferson Street, addressed the
Committee of the Whole stating that most private
companies do not require residency, but we as a City do
have situations where we would need our department heads
on hand quickly to handle an emergency; we can't compare
City jobs with private industry.
Mr. Eldon Burk, 661 Walnut Court, addressed the Committee
of the Whole stating that he voted no on the referendum;
this is a definite problem for the City; the City
Manager's hands are tied; most companies around us do not
require residency; maybe the Police Chief and the Fire
Chief should live in town, but not any of the others.
Moved by Smith, seconded by Christiansen, to recommend
to the City Council to abolish residency for Department
Heads and rescind Ordinance M-31-01, approved by the City
Council on June 4, 2001.
Moved by Beauvais, seconded by Becker, to adopt a
substitute motion to recommend to the City Council that
the matter of residency for Department Heads be postponed
until it can be publicized more and another meeting
scheduled. MOTION DECLARED FAILED (Aldermen Beauvais and
Becker voted yes; Aldermen Christiansen, Murphy, Sayad,
Brookman, Smith and Argus voted no).
Uoon roll call on the original motion, the vote was:
AYES: 3-Beauvais, Christiansen, Smith
NAYS: 5-Murphy, Sayad, Brookman, Becker, Argus
ABSENT: 0-None
MOTION DECLARED FAILED.
Moved by Beauvais, seconded by Becker, to recommend to
the City Council to change the time period that an
individual affected by the City's residency ordinance is
allocated to move into Des Plaines from nine (9) months
to eighteen (18) months; and the two (2) current
incumbents affected by this ordinance would relocate to
Des Plaines by March 1, 2006; and the City Attorney be
authorized to draft necessary ordinance.
Moved by Brookman, seconded by Sayad, to adopt a
substitute motion to recommend to the City Council to
change the time period that an individual affected by the
City's residency ordinance is allocated to move into Des
Plaines from nine (9) months to twelve (12) months; the
two (2) current incumbents affected by this ordinance
shall relocate to Des Plaines by March 1, 2006; and the
City Attorney be authorized to draft necessary ordinance.
Upon roll call, the vote was:
AYES: 6-Beauvais, Sayad, Brookman,
Becker, Smith, Argus
NAYS: 2-Christiansen, Murphy
ABSENT: 0-None
Motion declared carried.
Moved by Murphy, seconded by Sayad, to recommend to the
City Council that no Department head required to comply
with the City's residency ordinance shall receive a
salary increase until they have complied with the
residency requirements; the employee may receive a
retroactive increase to the date of their initial salary
review and performance evaluation once the employee has
complied with the ordinance; and City Attorney be
authorized to draft necessary ordinance. Upon roll call,
the vote was:
RESIDENCY
(Cont'd.)
WARRANT
REGISTER:
Resolution
R-165-05
CITY EMPLOYEE
ADMINISTRA.
TIME CHARGED
TO LIBRARY:
RESIDENCY FOR
DEPARTMENT
HEADS:
PAGE SEVEN
AYES: 5-Murphy, Sayad, Brookman,
Smith, Argus
NAYS: 3-Beauvais, Christiansen, Becker
ABSENT: 0-None
Motion declared carried.
180
10/3/05
MAYOR ARREDIA ASSUMED THE CHAIR AND DECLARED THE CITY
COUNCIL BACK IN SESSION
Moved by Sayad, seconded by Christiansen, to concur with
recommendation of Committee of the Whole to adopt
Resolution R-165-05, 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:
$2,517,169.38. Upon roll call, the vote was:
AYES: 8-Beauvais, Christiansen, Murphy, Sayad,
Brookman, Becker, Smith, Argus
NAYS: 0-None
ABSENT: 0-None
Motion declared carried.
Moved by Sayad, seconded by Brookman, to concur with
recommendation of Committee of the Whole that the Des
Plaines Library not be charged for the cost of
administrative services provided by the City. Upon roll
call, the vote was:
AYES: 8-Beauvais, Christiansen, Murphy, Sayad,
Brookman, Becker, Smith, Argus
NAYS: 0-None
ABSENT: 0-None
Motion declared carried.
Alderman Sayad requested that the record show that he
voted yes because the information he received from Staff
was incorrect.
Moved by Smith, seconded by Becker, to concur with
recommendation of Committee of the Whole to change the
time period that all current and future employees
affected by the City's residency ordinance is allocated
to move into Des Plaines from nine (9) months to twelve
(12) months; and the City Attorney be authorized to draft
necessary ordinance. Motion declared carried (Aldermen
Sayad, Brookman, Becker, Smith and Argus voted yes;
Aldermen Beauvais, Christiansen and Murphy voted no).
Moved by Smith, seconded by Brookman, to concur with
recommendation of Committee of the Whole that the two (2)
current incumbents affected by the City's residency
ordinance shall relocate to Des Plaines by March 1, 2006.
Motion declared carried. Alderman Murphy voted no.
Moved by Smith, seconded by Brookman, to concur with
recommendation of Committee of the Whole that no
Department Head required to comply with the City's
residency ordinance shall receive a salary increase until
they have complied with the residency requirements; the
employee may receive a retroactive increase to the date
of their initial salary review and performance evaluation
once the employee has complied with the ordinance; and
City Attorney be authorized to draft necessary ordinance.
Motion declared carried (Aldermen Murphy, Sayad,
Brookman, Smith and Argus voted yes; Aldermen Beauvais,
Christiansen and Becker voted no).
ADJOURNMENT:
PAGE EIGHT
181
10/3/05
Moved by Becker, seconded by Brookman, that the regular
meeting of the City Council adjourn. Motion declared
carried. Meeting adjourned at 10:15 p.m.
Donna McAllister, MMC CITY CLERK
' al. APPROVED BY ME THIS l
DAYOF C)~ ' 2005