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01-03-2000166 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, JANUARY 3, 2000 CALL TO ORDER: The regular meeting of the City Council of the City of Des Plaines, Illinois, was called to order by Mayor Pro Tern Christiansen at 7: 02 p. rn. in the Eleanor Rohrbach Memorial Council Chambers, Des Plaines Ci vie Center on Monday, January 3, 2000. ROLL CALL: Roll call indicated the following aldermen present: Beauvais, Christiansen, Elstner, Sayad, Brookman, Becker, Smith, Arredia. Also present were: City Manager Douthwaite, Director of Finance Egeberg, Fire Chief Farinella, Police Chief Sturlini, Director of Public Works Killian, City Engineer Oakley, Director of Community Development D'Onofrio, Director of Human Resources & Services Merriman, Assistant City Attorney Bartel, and City Attorney Wiltse. PRAYER AND PLEDGE: CITIZEN PARTICIPA.: CONSENT AGENDA: MINUTES/ 12/8/99: MINUTES: Consent Agenda The opening prayer was given by the Rev. Phil Sheets, First United Methodist Church, followed by the Pledge of Allegiance to the Flag. Mr. John Yacino, 1779 Cora Street, addressed the City Council wishing everyone a Happy New Year and asking when the aldermen will elect a new mayor; you could have drawn straws or some similar form; he doesn't want to hear from the candidates what they want to do for this office; it has become a power struggle; it doesn't make the City look good; it is counter-productive; every one of the aldermen are eligible and qualified; just give us a mayor. Alderman Smith requested that Item 1 be removed from the Consent Agenda; Alderman Becker requested that Items 5, 6, and 7 be removed. Moved by Beauvais, seconded by Sayad, to establish a Consent Agenda except for Items 1, 5, 6, and 7. Motion declared carried. Moved by Sayad, seconded by Brookman, to approve the Consent Agenda. 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. Minutes were approved; Staff recommendations and requests were approved and Ordinances M-64-99 and Z-31-99 were adopted. Alderman Smith requested that the minutes of the regular meeting of the City Council held December 8, 1999, be amended as follows: Page Four, Paragraph Eight, Line Two, should read: "Alderman Christiansen." Moved by Srni th, seconded by Brookman, to approve the minutes of the regular meeting of the City Council held December 8, 1999 -AS AMENDED. Motion declared carried. Moved by Sayad, seconded by Brookman, to approve Executive Session minutes of the City Council meeting held December 8, 1999. Motion declared carried as approved unanimously under Consent Agenda. MINUTES (Cont'd. ) PURCHASE OF MATTRESSES, ETC./FIRE DEPT.: PURCHASE OF OUTDOOR SIRENS/SOUTH SCHOOL &: CITY HALL: PURCHASE OF HYD. PUMP/ FIRE DEPT.: BID AWARD/ ELEVATOR MAINTENANCE CONTRACT: Consent Agenda PAGE TWO 167 1/3/00 Moved by Sayad, seconded by Brookman, to approve minutes of the Special meeting of the City Council held December 13, 1999, as published. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Brookman, to approve minutes of the regular meeting of the City Council held December 20, 1999, as published. Motion declared carried as approved unanimously under Consent Agenda. Moved by Becker, seconded by Sayad, to concur with Staff recommendation to accept proposal from Bed Mart, 1519 Lee Street, Des Plaines, for the purchase of thirteen (13) mattresses, box springs, and frames, including delivery, set-up and disposal of old bedding, for the Fire Department, in the amount of $5,564/Year 2000 Budget, and it is in the best interest of the City that usual bid procedures be waived. 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. Moved by Becker, seconded Sayad, to concur with Staff recommendation to accept proposal from Federal Signal Corporation, 2645 Federal Signal Drive, University Park, IL 60466, for the purchase of two (2) Federal Signal Model #2001SRNT Two-Way Outdoor Warning Sirens and related equipment, in the amount of $26, 367; accept proposal from Braniff Communications, Inc. , 4 741 W. 13 6th Street, Crestwood, IL 60445, to remove the old sirens and turn-key installation of the two (2) new sirens at South School and City Hall; for a total amount of $35,961/Year 2000 Budget; and it would be in the best interest of the City that usual bid procedures be waived. 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. Moved by Becker, seconded by Brookman, to concur with Staff recommendation to accept proposal from AEC Fire- Safety and Security, 3003 Stanton Avenue, Springfield, IL 62703, for the purchase of one (1) hydraulic pump and two (2) sets of hoses with couplers, for Fire Department's hydraulic rescue tool system, in the amount of $7,874, plus approximately $50 for shipping and handling/Year 2000 Budget; and it would be in the best interest of the City that usual bid procedures be waived. 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. Moved by Sayad, seconded by Brookman, to concur with Staff recommendation to award bid for One (1) Year Full Maintenance Contract, with optional two (2) 1-year extensions, for Elevators at City Hall, Police Department and the new parking garage, to the lowest bidder, Anderson Elevator Co., 1800 S. 54th Avenue, Cicero, IL 60650, in the amount of $7,454/Building & Grounds Fund. Motion declared carried as approved unanimously under Consent Agenda. BID AWARD/ MAPLE ST. & CENTRAL RD. PUMP. STA. MODIFICA.: Consent Agenda ADVERTISING FOR BIDS: Consent Agenda ORDINANCE M-64-99 PROHIBIT GROUNDWATER/ POTABLE WATER SOURCE: Consent Agenda ORDINANCE Z-31-99 CONDIT. USE/ 2096-2120 MINER ST.: Consent Agenda REFERENDUM/ APPOINTED CITY CLERK: PAGE THREE 168 1/3/00 Moved by Sayad, seconded by Brookman, to concur with Staff recommendation to award bid for Pumping Station Modifications at Maple Street and Central Road Stations, to the lowest bidder, Independent Mechanical Industries, 4455 W. Montrose Avenue, Chicago, IL 60641, in the total bid amount of $445, 600/Year 2000 Capital Improvement Funds. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Brookman, to concur with Staff recommendation that City Clerk be authorized to advertise for bids for Eighty-Four (84) Firefighter Helmet Liners and Eye Shields, returnable by 3:00 p.m., Friday, January 21, 2000. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Brookman, to concur with Staff recommendation that City Clerk be authorized to advertise for bids for Various Underwater Rescue Equipment, returnable by 3:00 p.m., Friday, January 21, 2000. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Brookman, to concur with Staff recommendation that City Clerk be authorized to advertise for bids for Various Technical Rescue Equipment, returnable by 3:00 p.m., Friday, January 21, 2000. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Brookman, to concur with Staff recommendation that City Clerk be authorized to advertise for bids for Office Furniture for Fire Station #1, returnable by 3:00 p.m., Friday, January 21, 2000. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Brookman, to adopt Ordinance M-64-99, AN ORDINANCE PROHIBITING THE USE OF GROUNDWATER AS A POTABLE WATER SUPPLY BY THE INSTALLATION OR USE OF POTABLE WATER SUPPLY WELLS OR BY ANY OTHER METHOD IN THE CITY OF DES PLAINES. Motion declared carried as approved unanimously under Consent Agenda. Moved by Sayad, seconded by Brookman, to adopt Ordinance Z-31-99, AN ORDINANCE AMENDING SPECIAL USE ORDINANCE #88- 5-SU TO PERMIT THE RELOCATION OF THE SUBWAY CLASS B RESTAURANT WITHIN THE STRIP MALL LOCATED AT 2096-2120 MINER/DEMPSTER STREET TO THE STOREFRONT IMMEDIATELY TO THE NORTH TO ALLOW FOR INCREASED SEATING CAPACITY (99-72- CU) . Motion declared carried as approved unanimously under Consent Agenda. MAYOR PRO TEM CHRISTIANSEN DECLARED THAT THE CITY COUNCIL WAS NOW RESOLVED INTO A COMMITTEE OF THE WHOLE LEGAL & LICENSING Alderman Beauvais, Chair Alderman Becker stated that in reviewing some of his campaign promises he found that he had repeatedly said he would let the people decide issues; he now feels he was in error when he voted to table a motion on whether a referendum should be placed on March 21, 2000 election ballot asking whether the position of City Clerk should become appointed; we have an opportunity to give the people a choice; he doesn't feel it is right for the CITY CLERK (Cont'd.) PAGE FOUR 169 1/3/00 aldermen to make that choice; it should be the job of the aldermen between now and the election to get full information out to the people; exactly what it is going to do, i.e. salary, benefits; he will make the motion at the appropriate time this evening to approve the resolution. Alderman Sayad stated he hasn't heard an outcry in his ward saying this is what they want; before a referendum is put on the ballot the City Clerk should tell us in her own words why she wants this change; this is a very important issue; what are the advantages to the residents of Des Plaines; we are entitled to know this. Alderman Beauvais asked City Clerk McAllister if she would like to respond. City Clerk McAllister stated that she has a statement that she would like entered into the record (see attached) . Alderman Brookman stated just in the past few years our City Clerk would have been replaced by the mayor at the time, if she hadn't been elected; we've had residents request that referendums be put on the ballot for various reasons; no action was taken on their requests; she is not inclined to support this referendum; when she pushed for a referendum on the Library that motion lost 7 to l; there has been no public outcry for this change; she has received no calls; this referendum will take rights away from the residents; our current system serves the City very well; we have a very competent City Clerk; she has lasted even though the mayors have changed almost ever four (4) years. Alderman Becker stated that he agrees with some of the things Alderman Brookman said, however, she said we now have a very competent City Clerk, but with term limits we would not have a competent City Clerk; at best a mediocre City Clerk; we should give the public the choice and it will be our job to make sure that they get all the proper information as to exactly what this will mean; he will be supporting this referendum. Alderman Brookman stated that perhaps addressing term limits for the City Clerk would be more appropriate than making it an appointed position. Alderman Arredia stated that he feels everything everyone has said has some value, but the thing that scares him is no alderman or mayor is guaranteed more than one term; it scares him even more that after the next election there could be four (4) new aldermen, a new mayor, and a new City Clerk; term limits has changed his thoughts on this issue; he thinks this is the time to put it on a referendum; it is the responsibility of the City Staff to provide complete information to the residents before they have to vote; they need good sound information, unlike what happened with the term limits referendum. Alderman Becker suggested that something be put in the March-April issue of the Des Plaines Digest, which goes to every home in the City. City Manager Douthwaite stated he and the City Clerk would prepare something for that issue. Mr. John Yacino, 1779 Cora Street, addressed the Committee of the Whole asking if there was a way to put on a referendum eliminating term limits for the City Clerk; wouldn't that be better; he was not in favor of term limits; he wouldn't sign a petition and he voted against it. CITY CLERK (Cont'd.) PROPOSED RESIDENCY REQUIREMENT/ DEPARTMENT HEADS: 170 1/3/00 PAGE FIVE Mr. Dick Ahlman, 314 Columbia Avenue, addressed the Committee of the Whole stating that Donna has presented her case extremely well, but he would like to add that he has seen a department head thrown out of his position by a mayor; this is a non-issue; competency goes ahead of favoritism; every department head is qualified--it is a skilled position; the City Clerk's position is also a skilled position; it shouldn't be elected, but put it on the ballot so the people can decide Moved by Becker, seconded by Smith, to recommend to the City Council that a referendum be placed on the March 21, 2000 General Primary Ballot asking the question "Shall the manner of selecting the City Clerk of the City of Des Plaines be changed from election by the voters .to appointment by the Mayor with the concurrence of the City Council effective with the expiration of the City Clerk's term in April 2001?;" and Resolution R-78-99 be adopted at the appropriate time this evening. Moved by Brookman, seconded by Sayad, to adopt a substitute motion and recommend to the City Council that a referendum be placed on the March 21, 2000 ballot eliminating term limits for the position of City Clerk. Alderman Smith stated that the case has been clearly made that with or without term limits, the City Clerk should be appointed; even without term limits, a City Clerk could be elected without any experience and is not qualified for the job; we don't elect a Police Chief, a Fire Chief or a City Engineer; the City Clerk has evolved over the years where it requires someone with expertise and professional experience; it should be an appointed position. Mrs. Irene Serwa, 1011 Crab Tree Lane, addressed the Committee of the Whole stating that she thinks the City Clerk is doing a magnificent job, but she would not want her right taken away to elect the City Clerk. Alderman Beauvais stated that she feels it was the fault of the City Council and the Staff that term limits passed; they never bothered to educate the voters and we shouldn't make that mistake again; we should educate the people. Moved by Elstner, seconded by Christiansen, to call for the question. Motion declared carried. Alderman Brookman' s motion was declared failed. Aldermen Sayad and Brookman voted yes. Alderman Becker's motion was declared carried. Alderman Brookman voted no. City Manager Douthwaite reviewed his memo of November 5, 1999, and the accompanying documents which included minutes of previous City Council meetings where the matter of residency for Department Heads was discussed; a survey of what surrounding communities require; and City Manager Douthwaite's memo of December 30, 1996. In his memo of December 30, 1996, City Manager Douthwaite recommended that the City Council not mandate residency for department heads. City Manager Douthwaite stated that he has not changed his position. Alderman Beauvais asked if there was an area radius that the Department Heads have to live in. City Manager Douthwaite said no. Alderman Sayad stated he was provided with a report from 1994 and another one from 1996; he figured that the aldermen could have been given something more up-to-date; in the May, 1994 survey it shows that 22 communities ha~ RESIDENCY (Cont'd. ) 171 1/3/00 PAGE SIX residency and seven (7) said no including Des Plaines; all we are talking about are Department Heads, eight (8) people; the present Department Heads would not be affected by a residency requirement; we have very fine Department Heads right now; people change jobs and move all the time; Des Plaines is a great City in a wonderful area; you will get qualified people who would be willing to move into Des Plaines; there are great positive things about residency. Alderman Brookman stated that she wants the Department Heads to live in town but she also wants the very best possible Department Heads that we can get for the City; these two desires may not always be compatible; some towns give a preference system for those who live in town--that may be a worthwhile compromise; does the preference system work? City Manager Douthwaite stated he has only seen the preference system in big cities; they are applied across the board and they are for things like past military service; he has never seen preference points awarded for residency. Alderman Smith stated that the issue of residency for Department Heads sounds good, but when you really think about it, it is an awful idea; it would be the worst thing that we could do. Alderman Arredia stated that he doesn't think of residency as necessarily negative; there is usually a period of time that the person has to move into the town; his residents want residency and that is what he will support; there are a lot of pluses and minuses. Alderman Beauvais stated that the City Council needs to give clearer direction to the Staff as to what is expected of them; requiring someone to live in town is not going to make them do their job better; maybe they shouldn't live too far away. Alderman Christiansen stated that if we think the Department Heads are going to do a better job because they live in the City, he thinks we are mistaken; all the Department Heads do an excellent job, but if they are not doing the job regardless of where they live, the City Council should take action to get rid of them; he is against residency for Department Heads. Alderman Sayad stated that in talking to the residents of his ward, a majority of them want residency for Department Heads. Moved by Sayad, seconded by Brookman, to recommend to the City Council that a referendum be placed on the March 21, 2000 General Primary Ballot asking whether there be a residency requirement for Department Heads. Alderman Elstner stated that he sees that there is some merit in residency, but he doesn't think the Department Heads would perform any different if they lived in town or not. Moved by Elstner, seconded by Smith, to adopt a substitute motion and recommend to the City Council that there be no residency requirement for Department Heads. Mr. John Yacino, 1779 Cora Street, addressed the Committee of the Whole stating that as a taxpayer residency is much needed in our City; their children would be in our schools and they would pay taxes to our City. RESIDENCY (Cont'd.) 172 1/3/00 PAGE SEVEN Mr. Vince Naccarato, 486 Cordial Drive, addressed the Committee of the Whole stating that giving the vote to the people isn't always the best approach, i.e. term limits; it is not in the best interest of the City to have residency; you won't get the best person. Alderman Brookman stated that this is a very difficult decision; maybe we should look at preference points. Mr. John Burke, 1351 Evergreen Avenue, addressed the Committee of the Whole stating that the City have the best possible person for the job even though they might live a mile or a mile and a half away; no one is going to uproot their family to move a mile or so into the City; we are limiting ourselves if we do that; we have been blessed over the years with outstanding Department Heads; we should expect the best from people. Alderman Brookman stated that Alderman Beauvais alluded to a possible compromise; establishing broader boundaries. Mrs. Gloria Keane, 2 04 8 Webster Lane, addressed the Committee of the Whole stating that the City pays Mr. Douthwaite to be the City Manager; he is the one that has to hire these people; she has never heard anyone complain because the Department Heads don't live in town. Alderman Sayad stated that he sent out 120 surveys in his ward and 22 said they were against residency, so that is how he knows what his residents want. Alderman Brookman asked if establishing broader boundaries would help. City Manager Douthwaite said yes. Moved by Smith, seconded by Christiansen, to call for the question. Upon roll call, the vote was: AYES: 4-Beauvais, Christiansen, Elstner, Smith NAYS: 4-Sayad, Brookman, Becker, Arredia ABSENT: 0-None Motion declared failed (a tie vote is a failed vote) . City Manager Douthwaite stated that he can live with a 25 or 20 mile residency radius; but not total residency. Alderman Becker stated that he would like to compliment the existing Department Heads; to say that they would do a better job if they lived in town is not valid. Police Chief Sturlini and Fire Chief Farinella addressed the Committee of the Whole and stated their views; whether they live in town or not would not affect their commitment. Upon roll call on Alderman Elstner's motion, the vote was: AYES: 4-Beauvais, Christiansen, Elstner, Smith NAYS: 4-Sayad, Brookman, Becker, Arredia ABSENT: 0-None Motion declared failed (a tie vote is a failed vote) . Upon roll call on Alderman Sayad's motion, the vote was: AYES: 2-Sayad, Brookman NAYS: 6-Beauvais, Christiansen, Elstner, Becker, Smith, Arredia ABSENT: 0-None Motion declared failed. Moved by Brookman, seconded by Sayad, to recommend to the City Council that the City establish residency boundaries for new Department Heads within 25 miles of the City; they have a year to move into this area; and it does not affect present Department Heads. RESIDENCY (Cont'd. ) WARRANT REGISTER: REFERENDUM/ APPOINTED CITY CLERK: Resolution R-78-99 PAGE EIGHT 173 1/3/00 Alderman Smith stated that he needs to have more information on this. Alderman Brookman stated that she would withdraw her motion for more information to be given to the aldermen. Moved by Sayad, seconded by Brookman, to recommend to the City Council that the City establish residency boundaries for new Department Heads within 25 miles of the City; they have a year to move into this area; and it does not affect present Department Heads. Moved by Smith, seconded by Elstner, to adopt a substitute motion to recommend to the City Council that no change be made on the residency requirement for Department Heads, and another meeting be held in the near future on residency requirement for the Police Chief and the Fire Chief. Moved by Arredia, seconded by Smith, to call for the question. Motion declared carried. Aldermen Sayad and Brookman voted no. Upon roll call on Alderman's Smith motion, the vote was: AYES: 3-Elstner, Smith, Arredia NAYS: 5-Beauvais, Christiansen, Sayad, Brookman, Becker ABSENT: 0-None Motion declared failed. Moved by Becker, seconded by Brookman, to adopt a substitute motion to recommend to the City Council that the discussion on setting residency boundaries for all Department Heads be TABLED until February 7 , 2000. Upon roll call, the vote was: AYES: 5-Beauvais, Sayad, Brookman, Becker, Arredia NAYS: 3-Christiansen, Elstner, Smith ABSENT: 0-None Motion declared carried. FINANCE &: ADMINISTRATION -Alderman Brookman I Vice Chair Moved by Beauvais, seconded by Becker, to concur with Staff recommendation and recommend to the City Council approval of January 3, 2000 -Warrant Register in the amount of $7,853,600.14, which includes $616 .84 in expenditures to Horne Depot; and further recommend that Resolution R-1-00 be adopted at appropriate time this evening. Motion declared carried (Alderman Elstner abstained on approving expenditures to Horne Depot in the amount of $616.84 -conflict of interest). MAYOR PRO TEM CHRISTIANSEN ASSUMED THE CHAIR AND DECLARED THE CITY COUNCIL BACK IN SESSION. Moved by Beauvais, seconded by Becker, to concur with recommendation of Committee of the Whole that a referendum be placed on the March 21, 2 o o O General Primary Ballot asking the question "Shall the manner of selecting the City Clerk of the City of Des Plaines be changed from election by the voters to appointment by the Mayor with the concurrence of the City Council effective with the expiration of the City Clerk's term in April 2001?;" and further recommend to adopt Resolution R-78- 99, A RESOLUTION PROVIDING FOR AND REQUIRING THE SUBMISSION OF A BINDING QUESTION OF PUBLIC POLICY TO THE ELECTORS OF THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS, AT THE GENERAL PRIMARY SCHEDULED TO BE HELD ON TUESDAY, MARCH 21, 2000. Upon roll call, the vote was: ~ R-78-99 (Cont'd. ) PROPOSED RESIDENCY REQUIREMENT/ DEPARTMENT HEADS: WARRANT REGISTER: Resolution R-1-00 EXECUTIVE SESSION: PENDING LITIGATION/ JOHNSON V. CITY: PENDING LITIGATION: OSHANA V. CITY: 174 1/3/00 PAGE NINE AYES: 6-Beauvais, Christiansen, Elstner, Becker, Smith, Arredia, ! '°''1~ {}If/, NAYS : I '/. -~, Brookman J 1 ,., \Oo ABSENT: 0-None Motion declared carried. Moved by Brookman, seconded by Becker, to concur with recommendation of Committee of the Whole that the discussion on setting residency boundaries for all Department Heads be TABLED until February 7, 2000. 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 Brookman, seconded by Sayad, to concur with recommendation of Committee of the Whole to adopt Resolution R-1-00, 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: $7, 853,600.14, which includes $616.84 in expenditures to Home Depot. 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 (Alderman Elstner abstained on approving expenditures to Home Depot in the amount of $616.84 -conflict of interest). Moved by Beauvais, seconded by Sayad, to go into Executive Session to discuss acquisition of real property, acquisition and setting price for sale or lease of City property, and pending litigation. 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. The City Council recessed at 9:37 p.m. The City Council reconvened at 11:06 p.m. Roll call indicated the following aldermen present: Beauvais, Christiansen, Sayad, Brookman, Becker, Smith, Arredia. Moved by Beauvais, seconded by Sayad, to concur with consensus in Executive Session to authorize the City Attorney to settle the law suit of Albert Johnson v. City in the amount of $11,475. Upon roll call, the vote was: AYES: 6-Beauvais, Christiansen, Sayad, Brookman, Smith, Arredia NAYS: 1-Becker ABSENT: 1-Elstner Motion declared carried. Moved by Beauvais, seconded by Sayad, to concur with consensus in Executive Session to authorize the City Attorney to settle the law suit of David Oshana v. City in the lump sum of $12,000. Upon roll call, the vote was: AYES: 6-Beauvais, Christiansen, Sayad, Brookman, Smith, Arredia NAYS: 1-Becker ABSENT: 1-Elstner Motion declared carried. ADJOURNMENT: 175 1/3/00 PAGE TEN Moved by Brookman, seconded by Sayad, that the regular meeting of the City Council adjourn. Motion declared carried. Meeting adjourned at 11:08 p.m. Donna McAllister, CMC/AAE CITY CLERK APPROVED BY ME THIS ~=:2-_:0_.-;_~~~ STATEMENT MADE BY CITY CLERK DONNA McALLISTER ON JANUARY 3, 2000, REGARDING AN APPOINTED CITY CLERK THE QUESTION OF WHETHER THE CITY CLERK SHOULD BE APPOINTED WAS ON A REFERENDUM ONCE BEFORE ... THAT WAS IN 1982. THIS WAS DONE AT THE REQUEST OF ONE ALDERMAN. THERE WAS NO SUGGESTION THAT THIS ALDERMAN GET PETITIONS. THE CITY COUNCIL AT THE TIME HONORED HIS REQUEST--AND THAT IS WHEN THERE WERE 16 ALDERMEN ON THE CITY COUNCIL. IN 1995, THE CITY TREASURER CAME TO THE CITY COUNCIL AND ASKED TO HAVE A REFERENDUM PLACED ON THE BALLOT CONCERNING HIS POSITION. THERE WAS NO SUGGESTION THAT HE GET PETITIONS. THE CITY COUNCIL HONORED HIS REQUEST. ALL I'M ASKING FOR IS THAT SAME COURTESY SO THAT THE VOTERS OF DES PLAINES CAN DECIDE THE FUTURE OF THIS OFFICE. THE COMMENT WAS MADE THAT PUTTING THIS REFERENDUM ON THE BALLOT WOULD COST THE CITY MONEY. THAT IS NOT TRUE. MARCH 21ST IS A PRESIDENTIAL PRIMARY ELECTION, PLUS THIS CITY COUNCIL HAS ALREADY APPROVED PLACING ANOTHER REFERENDUM ON THIS BALLOT, SO THE BALLOTS HAVE TO BE PRINTED ANYWAY. WHEN THIS QUESTION WAS ON THE BALLOT IN 1982, IT WENT DOWN TO DEFEAT ALMOST TWO TO ONE. I BELIEVE THAT WAS DUE IN A LARGE PART BECAUSE I TOOK THE POSITION THAT IT SHOULD STAY ELECTED. I DID THAT OUT OF RESPECT FOR THE PREVIOUS CITY CLERK, ELEANOR ROHBACH, WHO ALWAYS BELIEVED THE POSITION SHOULD BE ELECTED. I REALLY HAD NO WAY TO JUDGE BECAUSE I HAD ONLY BEEN IN THE POSITION FOR EIGHT (8) MONTHS AT THAT TIME, BUT I CAME TO LEARN THAT SHE WAS RIGHT. HOWEVER, THAT ALL CHANGED WHEN TERM LIMITS WAS ENACTED IN 1998. NOW THERE ARE FAR MORE REASONS TO MAKE THE POSITION APPOINTED THAN KEEP IT ELECTED. I BELIEVE TERM LIMITS HAS DONE A GREAT DISSERVICE TO ALL ELECTED POSITIONS IN DES PLAINES, BUT NONE MORE SO THAN THAT OF CITY CLERK. NO ONE IS GOING TO RUN FOR THIS OFFICE FOR FOUR (4) OR EIGHT (8) YEARS AND PUT IN THE TIME AND EFFORT IT TAKES TO LEARN THIS JOB. THE CONTINUITY AND SERVICE THAT THIS OFFICE PROVIDES WOULD EROD AWAY. IT TAKES THREE (3) YEARS TO BECOME A CERTIFIED MUNICIPAL CLERK AND THAT IS ONLY THE FIRST LEVEL ...... IT TAKES ALMOST TEN ( 10) YEARS TO GO THROUGH THE ACADEMY FOR ADVANCED EDUCATION. YOU WILL NEVER HAVE A FULLY EDUCATED, QUALIFIED CITY CLERK. THIS PERSON MAY NOT EVEN KNOW HOW TO REGISTER A VOTER. . .A BASIC DUTY OF THE CITY CLERK. SOMEONE MIGHT SAY, WELL, YOU DIDN'T EITHER, DONNA. THAT'S TRUE, BUT I WORKED EVERY DAY, ALL DAY, MOST NIGHTS AND MANY WEEKENDS THAT FIRST YEAR TO LEARN THE VERY BASICS OF THIS POSITION. I IMMEDIATELY BEGAN MY CERTIFICATION PROGRAM, I TOOK EVERY WORKSHOP, SEMINAR I COULD FIND AND I STILL DO. I AM A REGISTERED MUNICIPAL CLERK IN THE - 2 - STATE OF ILLINOIS, I AM A CERTIFIED MUNICIPAL CLERK IN THE INTERNATIONAL INSTITUTE OF MUNCIPAL CLERKS, I HAVE COMPLETED THE ACADEMY FOR ADVANCED EDUCATION, AND SOMETIME IN 2000 I WILL BE AWARDED THE DESIGNATION OF MASTER MUNICIPAL CLERK. I TELL YOU THIS ONLY TO POINT OUT THE EDUCATION COMMITMENT THIS POSITION REQUIRES. SOMEONE HERE FOR ONLY FOUR (4) OR EIGHT (8) YEARS IS NOT GOING TO MAKE THAT COMMITMENT, NOR CAN THEY ... THEY WON'T BE HERE LONG ENOUGH. SOMEONE SAID THERE IS MORE ACCOUNTABILITY WITH AN ELECTED CITY CLERK. NOT WITH TERM LIMITS. THERE IS NO ACCOUNTABILITY. ONCE THE SALARY IS SET, THAT PERSON WOULD NOT EVEN HAVE TO COME INTO THE OFFICE AND THEY WOULD STILL COLLECT THEIR SALARY. IT COULD EVEN BECOME A PATRONAGE JOB . THE LOCAL LEVEL. REMEMBER, THERE IS NO RECALL AT SOMEONE SAID THAT THE SALARY OF THE CITY CLERK WOULD INCREASE IF IT BECAME APPOINTED. YES, THAT IS PROBABLY TRUE. THIS POSITION HAS BEEN UNDERPAID FOR MANY YEARS, GOING ALL THE WAY BACK TO ELEANOR'S TIME. BUT IT WOULD BE DONE FAIRLY AND ACCORDING TO PROCEDURES AND NOT LEFT UP TO EIGHT ( 8) ALDERMEN. IF THE REFERENDUM PASSES, A JOB DESCRIPTION WOULD BE CREATED, THE JOB EVALUATION COMMITTEE WOULD REVIEW THE POSITION, ESTABLISH THE POINTS AND SET SALARY RANGES. THE CITY COUNCIL WOULD RECEIVE THE JOB EVALUATION COMMITTEE'S RECOMMENDATION AND THE APPROPRIATE ORDINANCE FOR THEIR APPROVAL, ALL IN TIME FOR THE BUDGET HEARINGS IN THE FALL OF 2000 AND IT WOULD THEN TAKE EFFECT AT THE END OF THIS TERM IN MAY, 2001. I HAVE BEEN ASKED WHETHER I WOULD BECOME THE APPOINTED CITY CLERK IF THE REFERENDUM PASSES. I TOLD THEM I DON'T KNOW, THAT WOULD BE UP TO THE MAYOR AND CITY COUNCIL. BUT WHAT HAPPENS TO ME IS NOT IMPORTANT ... THIS IS NOT A DONNA McALLISTER ISSUE. WHAT IS IMPORTANT IS THE FUTURE OF THIS OFFICE AND HOW IT CAN CONTINUE TO SERVE THE RESIDENTS OF DES PLAINES WITH KNOWLEDGE, DEDICATION AND HONOR. IT WAS SAID THAT THERE HAS BEEN NO HUE AND CRY FROM THE COMMUNITY TO MAKE THIS CHANGE. THERE HAS BEEN NO HUE AND CRY BECAUSE THE RESIDENTS WON'T KNOW WHAT HAS HAPPENED TO THIS OFFICE UNTIL IT IS TOO LATE ... UNTIL THEY DON'T GET THAT QUICK RESPONSE TO THEIR QUESTIONS OR THAT SERVICE PROVIDED ... UNTIL THEY DON'T RECOGNIZE THE VOICE ON THE PHONE OR THE NAME OVER THE TITLE CITY CLERK. THIS POSITION WOULD BE LIKE A SWINGING DOOR EVERY FOUR (4) OR EIGHT (8) YEARS WITH NO COMMITMENT, NO ACCOUNTABILITY . - 3 - YES, I NOW STRONGLY SUPPORT AN APPOINTED CITY CLERK. NO OFFICE DEALS MORE CLOSELY WITH THE RESIDENTS ON A DAILY BASIS, THAN THE CITY CLERK. THERE MUST BE CONTINUITY AND A COMMITMENT TO SERVE, NOT ONLY THIS OFFICE, BUT ALSO THE COMMUNITY AS A WHOLE ... TO THE SENIOR CITIZENS, THE HUNGRY AND HOMELESS, AND THE CHILDREN. AND THAT CONTINUITY AND COMMITMENT MUST BE THERE TODAY, TOMORROW AND ALL THE YEARS TO COME.