11-29-2004 Special Meeting314
MINUTES OF THE SPECIAL MEETING OF THE
CITY COUNCIL OF THE CITY OF DES
PLAINES, ILLINOIS HELD IN THE ELEANOR
ROHRBACH MEMORIAL COUNCIL CHAMBERS, DES
PLAINES CIVIC CENTER, MONDAY, NOVEMBER
29, 2004
CALL TO ORDER: The Special 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, November 29, 2004.
ROLL CALL: Roll call indicated the following aldermen present:
Murphy, Sayad, Becker, Smith, Argus. Aldermen
Beauvais, Christiansen and Brookman were absent.
Alderman Beauvais arrived at 6: 07 p.m. Alderman
Brookman arrived 6:13 p.m. Alderman Brookman left
the Executive Session at 8:25 p.m. and returned to
the regular meeting at 8:44 p.m.
Also present were City Manager Niemeyer, Assistant City Attorney
Bartel and City Attorney Wiltse; and
Attorney Mathias Delort, Robbins, Schwartz, Nicholas, Lifton &
Taylor, Ltd., 20 N. Clark Street, Suite 900, Chicago, IL 60602.
SUSPEND THE
RULES:
PUBLIC
COMMENTS/
BILLBOARDS:
EXECUTIVE
SESSION:
Moved by Murphy, seconded by Becker, to suspend the rules
to permit public input. Motion declared carried.
Mr. Carl Kowalski, 156 Kathleen Drive, addressed the City
Council stating that he has come here before in
opposition to billboards; because of their aesthetics,
it is not in the best interest of the City to have them;
they do not conform to the Comprehensive Plan; they were
approved for revenue enhancement; we are going to have
a tough time winning the legal battles over these
billboards; he suggests the City amend their fee
structure; he would prefer that they not be put up, but
let's get that money back.
Mr. Carmen Sarlo, 3051 Scott Street, addressed the City
Council stating that he thinks it is despicable that we
have to take the signs and the city is not getting
anything for it and our taxes keep going up; if we have
these billboards we should get enough money to lower the
residents' taxes; there should be a way to take some
money from these billboard people; billboards cause
accidents; something has to be done; maybe we should have
a moratorium.
Mr. John Leone, 2184 Estes Avenue, addressed the City
Council stating that he has lived here 30 years; we voted
billboards down at one time; we are going to have to look
at these billboards for the rest of our lives; do you
have the right to ruin people's lives?; don't you read
your own ordinances?
Mr. Nick Chiropolos, 156 N. Third Avenue, addressed the
City Council stating that he doesn't have any billboards
in his neighborhood, but he saw it in a residential area
in Chicago; it was ugly; he thinks the concerns of the
residents are very valid; he is very concerned about the
scandals connected with these billboards; he thinks the
City Council was very hasty in this; he thinks there
should be an independent investigation; there is a lack
of accountability; maybe there is nothing wrong, but we
should find out.
Moved by Murphy, seconded by Becker, to go into Executive
Session to discuss probable or imminent litigation and
personnel. Upon roll call, the vote was:
EXEC. SESS.
(Cont'd.)
PROBABLE-
IMMINENT
LITIGATION/
BILLBOARDS:
BILLBOARDS:
PAGE TWO
AYES: 7-Beauvais, Murphy, Sayad,
Brookman, Becker, Smith, Argus
NAYS: 0-None
ABSENT: 1-Christiansen
Motion declared carried.
The City Council recessed at 6:21 p.m.
The City Council reconvened at 8:42 p.m.
315
11/29/04
Roll call indicated the following aldermen present:
Beauvais, Murphy, Sayad, Becker, Smith, Argus.
Moved by Smith, seconded by Becker, to concur with
consensus in Executive Session that:
--the City Council express its continued concern
regarding the possibility of illegal actions which
preceded and/or precipitated the passage of ordinances
relating to the construction of billboards in the City,
and in that light, that Staff and legal counsel are
directed to follow up on the previous referrals to the
appropriate law enforcement authorities and that they
place the matter on the highest priority so that any
relevant facts may become known to the City Council as
it continues its deliberations on the matter; and
--the City Council directs Staff and legal counsel,
including special legal counsel Mathias Delort and his
law firm, Robbins, Schwartz, Nicholas, Lifton & Taylor,
Ltd., to meet with the affected companies and take
whatever actions are appropriate to resolve pending
disputes regarding billboard construction in the City,
keeping the City Council abreast of the status of those
discussions on a frequent basis, and to present such
additional ordinances, agreements or actions to the City
Council for its consideration and approval at a future
date.
Alderman Brookman arrived in the meeting at 8:44 p.m.
Special legal counsel, Mathias Delo rt, was asked to
comment regarding revenue enhancements. Mr. Delort
stated that the City has limited ability to raise money
selling billboard permits; the City can only recover the
costs associated with the permit process, i.e.
inspections; the City cannot tax billboards.
Upon roll call, the vote was:
AYES: 6-Beauvais, Murphy, Sayad,
Becker, Smith, Argus
NAYS: 1-Brookman
ABSENT: 1-Christiansen
Motion declared carried.
Alderman Brookman stated that she was voting no because
of three (3) words in the motion; she did not state what
they were.
MAYOR ARREDIA DECLARED THAT THE CITY COUNCIL WAS NOW
RESOLVED INTO A COMMITTEE OF THE WHOLE
LEGAL & LICENSING -Alderman Smith, Chair
Mr. Marty Moylan, 1405 Oakwood Avenue, addressed the
Committee of the Whole asking if the permits were on hold
and if the forms are going to be corrected. Alderman
Smith said yes, the permits are on hold, and Staff is
looking into correcting the forms.
Mr. Jerry Peterson, 2155 Estes Avenue, addressed the
Committee of the Whole asking if the billboard on Estes
Avenue is going to stay. Alderman Smith said that will
be part of the discussion that will be held with the
company. ~
BILLBOARDS
(Cont'd.)
ADJOURNMENT:
APPROVE
DAY OF
PAGE THREE
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11/29/04
Mr. John Leone, 2184 Estes Avenue, addressed the
Committee of the Whole stating that this billboard is in
his backyard; didn't anyone realize this before you put
it up?; property values are going down.
City Manager Niemeyer stated that he will have a report
in a week with some of the changes that will be made
regarding personnel.
MAYOR ARREDIA ASSUMED THE CHAIR AND DECLARED THE CITY
COUNCIL BACK IN SESSION
Moved by Beauvais, seconded by Brookman, that the Special
meeting of the City Council adjourn. Motion declared
carried. Meeting adjourned at 9:00 p.m.
Anthony W. Arredia, MAYOR