08-29-2005 Special MeetingMINUTES 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, AUGUST
29, 2005
150
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 6:30 p.m. in the Eleanor
Rohrbach Memorial Council Chambers, Des Plaines Civic
Center on Monday, August 29, 2005.
ROLL CALL: Roll call indicated the following aldermen present:
Murphy, Sayad, Becker, Smith, Argus. Aldermen
Christiansen, Beauvais and Brookman were absent.
Aldermen Beauvais and Brookman arrived in Executive
Session at 6:32 p.m.
Also present were City Manager Niemeyer, Police Chief Prandini, City
Attorney Wiltse; and
Attorney Mathias W. Delort, Robbins, Schwartz, Nicholas, Lifton &
Taylor, Ltd., 20 N. Clark Street, Suite 900, Chicago, IL 60602.
EXECUTIVE
SESSION:
VACANCY IN
PUBLIC
OFFICE/
ALDERMAN -
FIFTH WARD:
Moved by Murphy, seconded by Argus, to go into Executive
Session to discuss pending litigation, probable-imminent
litigation and vacancy in public office. Upon roll call,
the vote was:
AYES: 5-Murphy, Sayad, Becker, Smith, Argus
NAYS: 0-None
ABSENT: 3-Beauvais, Christiansen, Brookman
Motion declared carried.
The City Council recessed at 6:31 p.m.
The City Council reconvened at 7:50 p.m.
Roll call indicated the following aldermen present:
Beauvais, Murphy, Sayad, Brookman, Becker, Smith, Argus.
Moved by Smith, seconded by Murphy, to concur with
consensus in Exe cu ti ve Session that the question of
removal of the off ice holder in the off ice of Fifth Ward
Alderman due to alleged lack of residency be ref erred to
Illinois Attorney General Lisa Madigan and Cook County
State's Attorney Dick Devine for their review and
possible action.
Alderman Brookman read a prepared statement in rebuttal
to this action.
Moved by Brookman, seconded by Smith, to suspend the
rules to permit input by the attorney for Alderman
Brookman.
Alderman Murphy stated that she has always voted to allow
public comments on issues but this was an Exe cu ti ve
Session action; let's make it perfectly clear that the
only reason the City Council is conducting this
investigation is because Alderman Brookman refused to
participate in the process; the City Council is only
conducting their due diligence to ensure that every
resident, elected or not, is held to the same standard
of following the law.
Alderman Brookman stated that she
Alderman Murphy's comments; this
discussed in public.
takes
should
issue
have
with
been
Alderman Sayad stated that Alderman Brookman chose not
to be present in Executive Session.
VACANCY
(Cont'd.)
TEXT
AMENDMENT/
SIGNS
(HOUSEKEEPING
ACTION):
PAGE TWO
151
8/29/05
City Attorney Wiltse stated that there will be an
opportunity for Alderman Brookman's attorney to speak to
this matter; there is no input at this time.
Alderman Brookman stated that her attorney advised her
not to participate in the Executive Session.
MOTION DECLARED FAILED to suspend the rules.
Moved by Becker, seconded by Sayad,
question. Motion declared carried.
voted no.
to call for the
Alderman Brookman
Upon roll call on the original motion, the vote was:
AYES: 6-Beauvais, Murphy, Sayad, Becker, Smith, Argus
NAYS: 1-Brookman
ABSENT: 1-Christiansen
MOTION DECLARED CARRIED.
MAYOR ARREDIA DECLARED THAT THE CITY COUNCIL WAS NOW
RESOLVED INTO A COMMITTEE OF THE WHOLE
LEGAL & LICENSING -Alderman Smith, Chair
Alderman Smith reviewed the Staff's recommendation that
changes be made to the Zoning Code regarding signs as a
housekeeping action.
Mr. Brian Burkross, 2133 Webster Lane, addressed the
Committee of the Whole asking that the proposed changes
be read. City Attorney Wiltse read the changes.
Mr. Burkross asked whether any of these changes will
increase the number of billboards in the City. Special
legal counsel to the City, Mathias Delort briefly
reviewed the history of billboards in Des Plaines; we are
trying to clean up some of the provisions to avoid being
sued; the Staff has worked very hard on this ordinance
to address all the Court's concerns.
State Representative Rosemary Mulligan addressed the
Committee of the Whole stating that she has great
confidence in Attorney Delort and City Attorney Wiltse
and the work they have done with this ordinance.
Mrs. Kathy Yoshida, 2567 Parkwood Lane, addressed the
Committee of the Whole asking if the City is trying to
pass an ordinance that will not destroy the
neighborhoods. City Attorney Wiltse said we are making
some housekeeping changes; it will strengthen the City's
position in Court.
Ms. Patricia Nelson, 1109 Stockton Avenue, addressed the
Committee of the Whole stating that she is sick and tired
of seeing obscene signs on the tollway; will you be
letting obscene signs in our community?; she hardly
thinks obscene signs are irrelevant. Attorney Delort
said the Illinois State's Attorney will handle this.
Ms. Cindy Ciero, 2591 Parkwood Lane, addressed the
Committee of the Whole asking if companies can put
billboards anywhere they want if we don't make this
change. City Attorney Wiltse said this ordinance will
provide a shield to protect the residents.
Alderman Brookman stated that we could have kept the
billboards out of Des Plaines if we had called in
Attorney Delort earlier; after four (4) years, what did
we accomplish? Attorney Delort said we obtained a ruling
that bans new signs.
SIGNS
(Cont'd. )
TEXT
AMENDMENTS/
SIGNS
(HOUSEKEEPING
ACTION) :
Ordinance
Z-24-05
PAGE THREE
152
8/29/05
Moved by Beauvais, seconded by Argus, to concur with
consensus in Executive Session that Text Amendments be
made to Article 3 -"Development Review Procedures,"
Section 3.9 -"Appeals," and Article II -"Signs," of the
Des Plaines Zoning Code as housekeeping action; and place
on First Reading Ordinance Z-24-05 at appropriate time
this evening. Motion declared carried.
MAYOR ARREDIA ASSUMED THE CHAIR AND DECLARED THE CITY
COUNCIL BACK IN SESSION
Moved by Smith, seconded by Sayad, to concur with
recommendation of Committee of the Whole that Text
Amendments be made to Article 3 -"Development Review
Procedures," Section 3.9 -"Appeals," and Article 11 -
"Signs," of the Des Plaines Zoning Code as housekeeping
action; and place on First Reading Ordinance Z-24-05.
Motion declared carried.
Moved by Beauvais, seconded by Sayad, to advance to
Second Reading and adopt Ordinance Z-24-05, AN ORDINANCE
AUTHORIZING TEXT AMENDMENTS TO ARTICLE 3, "DEVELOPMENT
REVIEW PROCEDURES," SECTION 3.9 "APPEALS," AND ARTICLE
11, "SIGNS," OF THE CITY OF DES PLAINES ZONING CODE.
Upon roll call, the vote was:
AYES: 7-Beauvais, Murphy, Sayad,
Brookman, Becker, Smith, Argus
NAYS: 0-None
ABSENT: 1-Christiansen
Motion declared carried.
ADJOURNMENT: Moved by Sayad, seconded by Becker, that the Special
meeting of the City Council adjourn. Motion declared
carried. Meeting adjourned at 8:40 p.m.
APPROVED BY ME <: ... _-----.-""'-~
DAY OF , 2005