11/03/1997CALL TO ORDER: The regular meeting of the City Council of the City of Des
Plaines, Illinois, was called to order by Mayor Paul W.
Jung at 7:01 P.M. in the Eleanor Rohrbach Memorial Council
Chambers, Des Plaines Civic Center on Monday, November 3,
1997.
ROLL CALL: Roll call indicated the following aldermen present:
Beauvais, Christiansen, Elstner, Higgason, Brookman,
Sarlo, Smith, Arredia.
Also present were: City Manager Douthwaite, Assistant to the City
Manager Carter, Director of Economic Development Klaus, Director of
Finance & Administrative Services Egeberg, Fire Chief Farinella, Police
Chief Sturlini, City Engineer Oakley, Director of Community Development
D'Onofrio, Director of Public Works Shirley, Director of Human Resources
and Services Merriman, and City Attorney Wiltse.
PRAYER AND
PLEDGE:
264.
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,
NOVEMBER 3, 1997
The opening prayer was given by City Clerk McAllister,
followed by the Pledge of Allegiance to the Flag.
RECOGNITION: Police Chief Sturlini announced that Police Officers
Kevin Boyd and Matthew Hicks have received the Cook
County Sheriff's Law Enforcement Award of Merit for
outstanding service and professionalism. Police Chief
Sturlini introduced Officer Hicks who was recognized for
his dedication and efforts in the area of narcotics
enforcement. Officer Boyd, who could not be in
attendance, was recognized for his performance as the
School Liaison Officer with Nipper School.
CITIZEN Mr. Wayne Serbin, 835 Pearson Street, addressed the City
COMMENTS: Council to wish Alderman Sarlo a belated happy birthday
and to announce that today was his birthday along with
several celebrities.
Mr. Vince Powers, 862 Webster Lane, addressed the City
Council to thank Mayor Jung for responding to his
questions from the City Council meeting on October 20,
1997; he also asked the City Clerk to distribute some
documents to the Mayor, City Manager and Aldermen
regarding another example of a purchase of over $5,000
that did not go for bid.
CONSENT City Clerk McAllister stated that a citizen has requested
AGENDA: the Item 2 be removed from the Consent Agenda. Alderman
Christiansen requested that Items 3 and 3a be removed.
Moved by Higgason, seconded by Beauvais, to establish a
Consent Agenda except for Items 2, 3 and 3a. Motion
declared carried.
Moved by Higgason, seconded by Brookman, to approve the
Consent Agenda. Upon roll call, the vote was:
AYES: 8- Beauvais, Christiansen, Elstner, Higgason,
Brookman, Sarlo, Smith, Arredia
NAYS: 0 -None
ABSENT: 0 -None
Motion declared carried.
The minutes were approved; Staff recommendations and
requests were approved; Ordinances T -9 -97, T- 10 -97, T -11-
97, T- 12 -97, and T -13 -97 were adopted; and Resolutions
R -58 -97 and R -59 -97 were adopted.
MINUTES: Moved by Higgason, seconded by Brookman, to approve
Consent minutes of regular meeting of the City Council held
Agenda October 20, 1997, as published. Motion declared carried
as approved unanimously under Consent Agenda.
DOWNTOWN
REDEVELOP.
PLAN:
RECLASS. OF
DATA
PROCESSING
POSITION:
Ordinance
M -76 -97
HENRICH HOUSE
LEASE AGREE./
COOK COUNTY:
Consent
Agenda
Resolution
R -58 -97
PAGE TWO
265.
11/3/97
Mr. Edward Frank, 1106 S. Sixth Avenue, addressed the
City Council stating his opposition to the plan to move
the Des Plaines Public Library to the new downtown
redevelopment area; the City is doing it in a hurry; a
lot of citizens are against this move; he also questioned
using the former Mall building as a parking deck; very
disappointed in the plan.
Moved by Christiansen, seconded by Elstner, to concur
with recommendation of Committee of the Whole held
October 27, 1997, to give conceptual approval to the
proposed amended redevelopment plan for The Plaines Town
Center, bounded by Lee Street, Ellinwood Street, Pearson
Street and Prairie Avenue, which includes the adaptive
reuse of the former Des Plaines Mall building as a
parking deck, the relocation of the Des Plaines Public
Library from Graceland Avenue and Thacker Street, to the
new redevelopment area, and financial assistance to
School District #62 for the relocation of their Day Care
Program; Staff be authorized to renegotiate the
Redevelopment Agreement with LR Development Company, 350
W. Hubbard Street, Suite 301, Chicago, IL 60610, and
present said Agreement to the City Council for approval.
Motion declared carried.
Alderman Christiansen requested that in the future when
position reclassifications are presented to the City
Council they include the previous salary ranges and what
changes were made to the job descriptions.
Moved by Christiansen, seconded by Beauvais, to concur
with Staff recommendation to amend Title I, Chapter 15,
Section 1 -15 -4, Schedule V - "Technical, Engineering and
Inspection Group," of the City Code to reclassify the
position of "Data Processing Operator" to "Computer
Systems Specialist" as a result of the reorganization of
the data processing functions, with a salary range of
$34,779 Minimum, $40,917 Midrange, and $47,053 Maximum;
and further recommend to place on First Reading Ordinance
M- 76 -97, AN ORDINANCE AMENDING SCHEDULE V "TECHNICAL,
ENGINEERING AND INSPECTION GROUP," OF SECTION 1 -15 -4
"CLASSIFICATION PLAN TO THE CITY SERVICE," OF CHAPTER 15,
TITLE I, OF THE CITY CODE OF DES PLAINES, TO RECLASSIFY
THE POSITION OF "DATA PROCESSING COMPUTER OPERATOR" TO
"COMPUTER SYSTEMS SPECIALIST;" AND FURTHER, AMENDING
SCHEDULE IV "SUPERVISORY AND ADMINISTRATIVE GROUP" OF
SECTION 1 -15 -4, TO DELETE THEREFROM THE POSITION OF "DATA
PROCESSING MANAGER." Motion declared carried (final
action on this matter under Consent Agenda on November
17, 1997) .
Moved by Higgason, seconded by Brookman, to concur with
Staff recommendation to renew lease agreement (since
1975) with the Housing Authority of the County of Cook
for the Multi- Purpose Community Room and the Arts and
Crafts Room, Senior Citizen's Project I11. 25 -20, in
Henrich House, located at 1301 Ashland Avenue, for a
period of three (3) years, commencing on June 1, 1997 and
ending May 31, 2000; with rental fee of $10.00 per year;
City to provide certificate of insurance; Mayor and City
Clerk be authorized to execute agreement; and further
recommend to adopt Resolution R- 58 -97, A RESOLUTION
AUTHORIZING THE MAYOR TO EXECUTE A COMMUNITY SPACE LEASE
AGREEMENT WITH THE HOUSING AUTHORITY OF THE COUNTY OF
COOK, FOR SPACE LOCATED AT THE SENIOR CITIZEN'S PROJECT
(HENRICH HOUSE), 1301 ASHLAND AVENUE, DES PLAINES, IL.
Motion declared carried as approved unanimously under
Consent Agenda.
SAFETY -ON-
CALL
PROGRAM
AGREEMENT/
CELLULAR ONE:
Consent
Agenda
Resolution
R -59 -97
FACE BRICK
VARIATION/
308 MT.
PROSPECT:
Consent
Agenda
PATIO
VARIATION/
1500
CINDY LANE:
Consent
Agenda
DRIVEWAY
VARIATION/
745
MARCELLA:
Consent
Agenda
REDUCTION/
PUBLIC
IMPROVE.
SURETY
MOEHLING
FARMS
SUBDIVISION:
Consent
Agenda
ORDINANCE
T -9 -97
PARK. RESTR.
LINDEN ST. &
ORCHARD ST.:
Consent
Agenda
PAGE THREE
266.
11/3/97
Moved by Higgason, seconded by Brookman, to concur with
Staff recommendation that Mayor and City Clerk be
authorized to execute Letter of Agreement with
Southwestern Bell Mobile Systems, Inc., d /b /a Cellular
One- Chicago, 930 National Parkway, Schaumburg, IL 60173,
to provide the Des Plaines Police Department, without
charges, twenty (2) Ericsson Digital Portable Telephones
to be used in connection with their Safety -On -Call
Program (phones are programmed to call 9 -1 -1 only and
will be distributed and used to enhance the City's
Neighborhood Watch Program); and further recommend to
adopt Resolution R- 59 -97, A RESOLUTION AUTHORIZING THE
MAYOR TO EXECUTE A LETTER OF AGREEMENT, ON BEHALF OF THE
CITY OF DES PLAINES POLICE DEPARTMENT, WITH SOUTHWESTERN
BELL MOBILE SYSTEMS, INC., D /B /A CELLULAR ONE - CHICAGO,
PROVIDING FOR CELLULAR ONE'S PARTICIPATION IN THE CITY
OF DES PLAINES SAFETY -ON -CALL PROGRAM. Motion declared
carried as approved unanimously under Consent Agenda.
Moved by Higgason, seconded by Brookman, to concur with
recommendation of Des Plaines Architectural Commission
and Staff to grant request for Variation to Section
503.1.1 of the Building Code to permit construction of
a two -story residence, on property located at 308 Mt.
Prospect Road, without exterior face brick on the first
floor (Code requires all two -story residences to be
constructed with face brick on the first floor of all
sides). Motion declared carried as approved unanimously
under Consent Agenda.
Moved by Higgason, seconded by Brookman, to concur with
Staff recommendation to grant request for Variation to
Section 515.0 of the Building Code to permit construction
of a new patio, on property located at 1500 Cindy Lane,
to extend 20' from the foundation of the house and
contain approximately 480 sq. ft. (Code permits patios
to extend 15' from the building foundation and contain
344 sq. ft. of total area). Motion declared carried as
approved unanimously under Consent Agenda.
Moved by Higgason, seconded by Brookman, to concur with
Staff recommendation to grant request for Variation to
Section 111.7.1 of the Building Code to permit
reconstruction of an existing circular driveway on
property located at 745 Marcella Road, approximately
1,146 sq. ft. (Code requires all circular driveways be
approved by the Building Code Committee). Motion
declared carried as approved unanimously under Consent
Agenda.
Moved by Higgason, seconded by Brookman, to concur with
Staff recommendation to grant request that public
improvement surety be reduced by 67.9 %, or $963,421.25,
for Moehling Farms Subdivision, Rand Road and Meadow
Drive, which includes construction of streets, sidewalks,
watermain, sanitary and storm sewers, traffic signal
upgrade, stormwater detention basin and earthwork; and
existing Letter of Credit be amended to $454,739.80.
Motion declared carried as approved unanimously under
Consent Agenda.
Moved by Higgason, seconded by Brookman, to adopt
Ordinance T -9 -97, AN ORDINANCE AMENDING SCHEDULE I OF
SECTION 10 -5 -17, OF CHAPTER 5, TITLE X, OF THE CITY CODE
OF DES PLAINES, TO DELETE THEREFROM "LINDEN STREET, FROM
OAKTON STREET TO PROSPECT AVENUE, WEST SIDE OF STREET,"
AND TO ADD THERETO "LINDEN STREET, FROM ALLEY (125 FT.
SOUTH OF OAKTON STREET, EAST SIDE OF STREET" AND "ORCHARD
STREET, FROM PROSPECT AVENUE TO ALLEY (125 FT.) SOUTH OF
OAKTON STREET, EAST SIDE OF STREET." Motion declared
carried as approved unanimously under Consent Agenda.
ORDINANCE
T -10 -97
PARK. RESTR.
ELIZABETH &
KOLPIN:
Consent
Agenda
ORDINANCE
T -11 -97
PARKING
RESTRICTION/
CENTER ST.:
Consent
Agenda
ORDINANCE
T -12 -97
PARKING
RESTRICTION/
BROWN ST.:
Consent
Agenda
ORDINANCE
T -13 -97
PARKING
RESTRICTION/
CORA ST.:
Consent
Agenda
VACATION OF
ESSER COURT:
PAGE FOUR
267.
COMMUNITY DEVELOPMENT - Alderman Sarlo, Chair
11/3/97
Moved by Higgason, seconded by Brookman, to adopt
Ordinance T- 10 -97, AN ORDINANCE AMENDING SECTION 10-5 -
5(G) "RESTRICTED PARKING - VARIOUS HOURS," OF CHAPTER 5,
TITLE X, OF THE CITY CODE OF DES PLAINES, TO ADD THERETO
"ELIZABETH LANE, FROM JOYCE DRIVE TO KOLPIN DRIVE, SOUTH
SIDE OF STREET, 7:45 A.M. TO 8:45 A.M. AND 2:45 P.M. TO
3:45 P.M., ON SCHOOL DAYS ONLY;" AND "KOLPIN DRIVE, FROM
ELIZABETH LANE TO 400 FEET NORTH OF ELIZABETH LANE, BOTH
SIDES OF THE STREET, 7:45 A.M. TO 8:45 A.M. AND 2:45 P.M.
TO 3:45 P.M., ON SCHOOL DAYS ONLY." Motion declared
carried as approved unanimously under Consent Agenda.
Moved by Higgason, seconded by Brookman, to adopt
Ordinance T- 11 -97, AN ORDINANCE AMENDING .SCHEDULE I OF
SECTION 10 -5 -17, OF CHAPTER 5, TITLE X, OF THE CITY CODE
OF DES PLAINES, TO ADD THERETO "CENTER STREET, FROM
ASHLAND AVENUE TO THACKER STREET, EAST SIDE OF THE
STREET." Motion declared carried as approved unanimously
under Consent Agenda.
Moved by Higgason, seconded by Brookman, to adopt
Ordinance M- 59 -97, AN ORDINANCE AMENDING SCHEDULE I OF
SECTION 10 -5 -17, OF CHAPTER 5, TITLE X, OF THE CITY CODE
OF DES PLAINES, TO DELETE THEREFROM "BROWN STREET, ALLES
STREET TO LEE STREET, EXCEPT FOR 100 FEET IN FRONT OF 485
BROWN STREET, NORTH SIDE OF THE STREET;" AND ADD THERETO
"BROWN STREET, ALLES STREET TO ALLEY EAST OF ALLES
STREET, NORTH SIDE OF STREET." Motion declared carried
as approved unanimously under Consent Agenda.
Moved by Higgason, seconded by Brookman, to adopt
Ordinance M- 67 -97, AN ORDINANCE AMENDING SCHEDULE II,
SECTION 10 -5 -5 (F) (3) , "3 - HOUR PARKING LIMIT, " OF THE CITY
CODE OF DES PLAINES, TO DELETE THEREFROM "CORA STREET,
FROM ALGONQUIN ROAD TO ASHLAND AVENUE, EAST SIDE OF
STREET" AND TO ADD THERETO "CORA STREET, FROM THE ALLEY
NORTH OF ALGONQUIN ROAD TO ASHLAND AVENUE, EAST SIDE OF
STREET." Motion declared carried as approved unanimously
under Consent Agenda.
Mayor Paul W. Jung declared that the City Council was now
resolved into a Committee of the Whole
Director of Community Development D'Onofrio reviewed his
memo of October 28, 1997 in which he states that the Des
Plaines Plan Commission and Staff recommends approval of
request from Clark and Barlow Hardware Company to vacate
the Esser Court right -of -way in order to relocate their
hardware business from its current location at 1655 S.
River Road.
Mr. Robert Vasquez, 2020 Birchwood Avenue, addressed the
Committee of the Whole expressing his concern that there
would be enough drainage after the new building is built;
also will garbage trucks come at early hours and disturb
the neighbors; he feels this is a good company and would
like to work with them.
Mr. Steve Gamble, Vice President of Clark & Barlow
Hardware, addressed the Committee of the Whole to assure
Mr. Vasques that the garbage trucks will not be a problem
and they want to be a good neighbor to the residents.
Director of Community Development Klaus reviewed his memo
of October 24, 1997, in which he outlined the appraisal
process that was used for this property and his
subsequent recommendation that the City vacate Esser
ESSER COURT
(Cont'd.)
PAGE FIVE
268.
11/3/97
Court and sell it to Clark & Barlow Hardware Company for
the sum of $5,000.
Moved by Higgason, seconded by Beauvais, to concur with
recommendation of Des Plaines Plan Commission and Staff,
and recommend to the City Council to grant request from
Clark & Barlow Hardware Company, 1655 S. River Road, that
City vacate the Esser Court right -of -way (27' x 115.34')
and sell it to Clark & Barlow Hardware Company for the
sum of $5,000, contingent upon:
1. Petitioner providing a plat of vacation;
2. Petitioner dedicate a 10' wide utility easement for
the purpose of maintaining the existing storm sewer;
3. Access be maintained to the existing manhole
(catch basin) at west end of Esser Court right -of -way;
and
4. Petitioner building the proposed warehouse - retail
store in complete accordance with City's flood plain
development regulations;
and further recommend that petitioner be permitted to
provide compensatory storage in City's stormwater
retention facility (cost of this improvement to be borne
solely by the petitioner); and City Attorney be
authorized to prepare necessary ordinance. Motion
declared carried (further action on this matter under
Consent Agenda on November 17, 1997).
ZONING CASE Director of Community Development D'Onofrio reviewed his
97 -16 -A memo of October 24, 1997, in which he states that the Des
800 BLOCK OF Plaines Zoning Board of Appeals voted in favor of a
TOUHY AVE.: recommendation to rezone the site in the 800 block of
Touhy Avenue, between Westview Drive and Webster Lane,
from R -2, Single- Family Residential to R -4, Multi- Family
Residential. Mr. D'Onofrio stated, however, that the
Staff's recommendation is to deny this request for
several reasons, i.e. the Comprehensive Plan calls for
this property to remain single - family residential; the
majority of the land in the surrounding area is zoned
for single - family.
Attorney Dan Dowd, representing the petitioner, addressed
the Committee of the Whole stating that the development
of 20 townhomes is the highest and best use for this
property; it would increase the value of the surrounding
area.
Mr. Ralph Martin, Kunkel Realty, 734 Lee Street, Des
Plaines, addressed the Committee of the Whole, and showed
artist renderings of the proposed development; the dollar
amount of property taxes would significantly increase due
to this new development; the townhomes would be two -
story, no higher than the homes around them.
Alderman Elstner asked the petitioner, Guillermo
Gonzalez, how he acquired this land. Mr. Gonzales stated
that he has been doing it piece by piece since 1973.
Alderman Beauvais asked how water drainage would be
handled. Mr. Dowd stated that the petitioner would abide
by the City Code and all requirements.
A resident at 2322 Webster Lane addressed the Committee
of the Whole and presented petitions to the City Clerk
with 224 signatures of people opposed to this rezoning;
she stated that traffic will increase; we have a flooding
problem now; we don't need more townhomes and condos.
A resident at 2284 Webster Lane addressed the Committee
of the Whole stating that she has been a resident since
1972 and is very concerned about flooding; where will the
water go; they will have curbs and sidewalks, we don't;
what will that do to our home value.
,o/h4
RECESS:
PAGE SIX
269.
11/3/97
TOUHY AVE. Mrs. Doris Liebert, 2501 Iris Lane, addressed the
(Cont'd.) Committee of the Whole, stating her concern about the
traffic that this development will cause.
Mrs. Diane Liebert, 2333 Westview Drive, addressed the
Committee of the Whole, stating that she has four (4)
children and is very concerned about their safety.
Moved by Brookman, seconded by Smith, to concur with
Staff recommendation and recommend to the City Council,
re Zoning Case 97- 16- A -PUD, to DENY request for a zoning
map amendment to change the existing zoning from R -2,
Single - Family Residential to R -4, Multi- Family
Residential, for property located in the 800 block of
Touhy Avenue, between Westview Drive and Webster Lane.
Upon roll call, the vote was:
AYES: 5- Christiansen, Brookman, Sarlo,
Smith, Arredia
NAYS: 3- Beauvais, Elstner, Higgason,
ABSENT: 0 -None
Motion declared carried (final action on this matter
under Unfinished Business on November 17, 1997).
Moved by Brookman, seconded by Higgason, that there be
a five (5) minutes recess. Upon roll call, the vote was:
AYES: 5- Beauvais, Higgason, Brookman,
Sarlo, Smith
NAYS: 3- Christiansen, Elstner, Arredia
ABSENT: 0 -None
Motion declared carried.
The Committee of the Whole recessed at 8:54 p.m.
The Committee of the Whole reconvened at 9:00 p.m.
FINANCE & ADMINISTRATION - Alderman Christiansen, Chair
WARRANT Moved by Arredia, seconded by Smith, to concur with Staff
REGISTER: recommendation and recommend to the City Council approval
of November 3, 1997 Warrant Register, in the amount of
$2,464,602.38 plus $2,937.71 in expenditures to Home
Depot; and further recommend that Resolution R -60 -97 be
adopted at appropriate time this evening. Motion
declared carried. Alderman Elstner abstained on
approving the $2,937.71 in expenditures to Home Depot
(conflict of interest) .
PUBLIC WORKS - Alderman Higgason, Chair
ADVERTISING Moved by Elstner, seconded by Beauvais, to concur with
FOR BIDS: Staff recommendation and authorize City Clerk to
advertise for bids for Oakton Street Pit Cleaning and
Pump Installation, returnable by 3:00 p.m. on Friday,
November 21, 1997. Motion declared carried.
LEGAL & LICENSING - Alderman Beauvais, Chair
PROPOSED A general discussion was held concerning the sale of
LIQUOR liquor in food stores and the issue of whether the City
ORDINANCE should continue the requirement of a separate liquor
AMENDMENT: area, the requirement of a gate to separate the liquor
area from the rest of the store, and whether the liquor
needs to be run on separate registers.
There were no representatives from the major food stores
in attendance.
LIQUOR ORD.
(Cont'd.)
PAGE SEVEN
270.
11/3/97
Alderman Beauvais strongly urged that no changes be made
to the present ordinance especially the "21 year old"
cashier requirement; and the stores be notified that they
must conform to the ordinance.
Mr. Chuck Van Hyning, 1181 W. Grant Drive, addressed the
Committee of the Whole stating that the Jewel Store has
had someone over 21 at the cash register when he has
purchased liquor.
Moved by Arredia, seconded by Brookman, to recommend to
the City Council that there be no changes to Title 5,
Chapter 34, Section 5 -34 -6 - "Class B Bulk Sales
Dealers's License" and the requirement of a separate
liquor area and "21 year old" cashier requirement be
reinforced. Motion declared carried (final action on
this matter under Consent Agenda on November 17, 1997).
PROPOSED (This matter was first heard at a Public Hearing on June
FRANCHISE 2, 1997, at which time the City Council agreed that there
AGREEMENT/ is a public need for and it is in the best interest of
AMERITECH: the City to provide for an additional cable television
franchise. The Staff was directed to meet with Ameritech
Deferred New Media in order to negotiate the terms of a franchise
7/21/97 agreement.
Held On July 21, 1997, the City Council reviewed the proposed
10/6/97 franchise agreement and it was agreed that the matter be
deferred until September 15, 1997 to give Ameritech the
opportunity to meet with the Des Plaines Cable Commission
for their input.
The matter was not discussed on September 15, 1997. On
October 6, 1997, it was agreed to grant the Des Plaines
Cable Commission an extension until November 3, 1997, or
sooner) to evaluate any new information and materials
they have received and report back to the Committee of
the Whole.
The matter was discussed on October 20, 1997 and it was
agreed not to authorize the Des Plaines Cable Commission
to spend up to $3,000 to hire a consultant to review the
proposed franchise agreement, and to concur with the
recommendation of the Committee of the Whole on October
6, 1997 to give the Cable Commission an extension of time
until November 3, 1997.)
Alderman Arredia questioned if a "me too" clause could
be added to the franchise agreement if in the future
Ameritech gives advertising revenues to other
communities. Ameritech's Manager - Public Affairs Jim
Szczepaniak said that would not be possible.
Alderman Arredia asked when they could start the project.
Mr. Szczepaniak stated that if everything is approved
tonight, construction could begin in the summer of 1998.
Mr. Mike Heavey, 774 Mark Avenue, addressed the Committee
of the Whole stating that residents are now paying $30
a month for terrible service; we couldn't do any worse
with Ameritech; we need competition.
Mr. Vince Powers, 862 Webster Lane, addressed the
Committee of the Whole in support of the franchise
agreement; why does the City take forever to do things;
people want competition.
Mr. Chuck Van Hyning, 1181 W. Grant Drive, addressed the
Committee of the Whole stating that the residents need
a choice in cable service; please give us that choice.
PAGE EIGHT
271.
11/3/97
AMERITECH Mr. John Yaccino, 1779 Cora Street, addressed the
(Cont'd.) Committee of the Whole stating that he is definitely for
this agreement; we need competition.
Mr. Joe Botte, 560 Webford Avenue, addressed the
Committee of the Whole stating that Ameritech is taking
advantage of TCI's poor service; Ameritech has not done
right by us; they have given us a poor bargain.
Mr. Julio Weiss, 603 S. Des Plaines -River Road, addressed
the Committee of the Whole stating his support of the
franchise agreement; he doesn't see anyone else knocking
down our door to bring us cable; he is going to have to
go to a satellite dish to get service.
Alderman Arredia expressed his concern that Ameritech
would restrict the use of right -of -ways. Mt. Szczepaniak
said that Ameritech does not restrict anyone else from
using the right -of -ways.
Alderman Higgason questioned whether a third or fourth
cable company could come into Des Plaines in the future.
City Attorney Wiltse stated that the City can have as
many as they want.
Mr. Richard Luckritz, Chairman of the Des Plaines Cable
Commission, addressed the Committee of the Whole and
reviewed his letter to the City Council of November 3,
1997 and the attached recommendation of the Des Plaines
Cable Commission. Mr. Luckritz expressed his concern
that the City does not have a bid or RFP process to
permit a company to make application for a cable
franchise; this should be done in ordinance form.
Alderman Brookman addressed the Committee at length about
her concerns with this franchise agreement; this is not
the best deal we can get for the City; we are loosing peg
stations and advertising revenues.
Alderman Elstner thanked the Des Plaines Cable Commission
for all their work in this matter; we were elected to
make the tough decisions.
Moved by Elstner, seconded by Arredia, to recommend to
the City Council that the City enter into a Franchise
Agreement with Ameritech New Media, Inc. Motion declared
carried. Alderman Brookman voted no.
Alderman Brookman again expressed her displeasure with
this agreement.
Alderman Higgason stated that the Des Plaines Cable
Commission has done a wonderful job; this is a very
complicated issue but her residents have spoken, they
want competition.
Mayor Jung offered to take the Des Plaines Cable
Commission's nine (9) "Cons" (outlined in their
recommendation) to Ameritech to see if there was room for
compromise, but Ameritech could tell us "goodby."
Mrs. Beverly Becker, a member of the Des Plaines Cable
Commission, addressed the Committee of the Whole stating
that she would like to add one more "Con" to the nine (9)
"Cons" listed in the Des Plaines Cable Commission's
recommendation and that is regarding Ameritech' s customer
service standards.
Mr. Szczepaniak stated that Ameritech has FCC customer
service standards; they have 24 hours a day, seven (7)
days a week, human being to human being service.
PAGE NINE
272.
11/3/97
AMERITECH Mr. Bob Suriano, a member of the Des Plaines Cable
(Cont'd.) Commission, addressed the Committee of the Whole stating
that the Commission does believe in competition, but we
are looking out for the betterment of the entire City;
please read the Commission's recommendation and then
vote; if you do not read the entire packet, you are not
serving the citizens; don't make a decision tonight.
Mr. Marty Hoffman, a member of the Des Plaines Cable
Commission, addressed the Committee of the Whole stating
that this is a balanced contract; he has not seen bad
faith negotiations; there has been good dialogue.
Alderman Arredia stated that the City should have an
ordinance applicable to cable operators.
Mr. Szczepaniak stated that he would be willing to meet
with the Staff and discuss the Cable Commission's "Cons"
tonight to see if they can be resolved.
It was agreed that the Staff, members from the Des
Plaines Cable Commission and representatives from
Ameritech New Media, Inc. meet in another room to see if
some of the "Cons" can be resolved and report back to the
City Council later in the evening.
BUILDING CODE - Alderman Arredia, Chair
PARKING PAD Petitioner Marc A. Amelio addressed the Committee of the
VARIATION/ Whole regarding his request to permit construction of a
1578 12' x 34' parking pad adjacent to his proposed two -car
ALGONQUIN: detached garage; he is disabled and needs this space to
get in and out of his car.
Moved by Christiansen, seconded by Beauvais, to NOT
concur with Staff recommendation to DENY and recommend
to the City Council to GRANT request for Variation to
Section 111.7.1 of the Building Code to permit
construction of a 12' x 34' parking pad which would cover
408 sq. ft. adjacent to west side of proposed two -car
detached garage on property located at 1578 Algonquin
Road. Motion declared carried.
Mayor Jung assumed the chair, and declared the City
Council back in session.
ORDINANCE Moved by Elstner, seconded by Christiansen, to grant
Z -14 -97 - petitioner request to postpone Second Reading of
AS AMENDED Ordinance Z -14 -97 - AS AMENDED, AN ORDINANCE GRANTING A
SPECIAL USE SPECIAL USE PERMIT PURSUANT TO ARTICLE 8 OF THE CITY OF
855 RAND: DES PLAINES ZONING ORDINANCE, TO ALLOW THE PREMISES TO
BE USED FOR AUTO SALES, SERVICE AND REPAIRS, IN C -2
GENERAL COMMERCIAL DISTRICT ON THE PROPERTY COMMONLY
KNOWN AS 855 RAND ROAD (97- 25 -SU). Motion declared
carried. Aldermen Sarlo and Smith voted no. (Final
action on this matter under Unfinished Business on
November 17, 1997.)
WARRANT Moved by Christiansen, seconded by Higgason, to concur
REGISTER: with recommendation of Committee of the Whole to adopt
Resolution R- 60 -97, BE IT RESOLVED BY THE CITY COUNCIL
Resolution OF THE CITY OF DES PLAINES THAT THE FOLLOWING BILLS ARE
R -60 -97 DUE AND PAYABLE AND THAT THE MAYOR AND CITY CLERK BE AND
ARE HEREBY AUTHORIZED TO MAKE PAYMENT FOR SAME. Total:
$2,464,602.38 plus $2,937.71 in expenditures to Home
vit
1
1
1
APPROV.D BY ME THIS 26 Th
DAY 0
Paul
1ooLM (042-r , 1997
YOR
PAGE TEN
273.
11/3/97:
WARRANT Depot. Upon roll call, the vote was:
(Con't.d) AYES: 8- Beauvais, Christiansen, Elstner, Higgason,
Brookman, Sarlo, Smith, Arredia
NAYS: 0 -None
ABSENT: 0 -None
ABSTAIN: (Alderman Elstner abstained on approving the
$2,937.71 in expenditures to Home Depot (conflict of
interest).
Motion declared carried.
PARKING PAD Moved by Arredia, seconded by Sarlo, to concur with
VARIATION/ recommendation of Committee of the Whole to grant request
1578 for Variation to Section 111.7.1 of the Building Code to
ALGONQUIN: permit construction of a 12' x 34' parking pad which
would cover 408 sq. ft. adjacent to west side of proposed
two -car detached garage on property located at 1578
Algonquin Road. Motion declared carried.
ADVERTISING Moved by Higgason, seconded by Sarlo, to concur with
FOR BIDS: recommendation of Committee of the Whole that City Clerk
be authorized to advertise for bids for Oakton Street Pit
Cleaning and Pump Installation, returnable by 3:00 p.m.
on Friday, November 21, 1997. Motion declared carried.
PROPOSED Alderman Beauvais stated that an agreement has been
FRANCHISE reached with Ameritech New Media, Inc. regarding the
AGREEMENT/ "Cons" posed by the Des Plaines Cable Commission. A Side
AMERITECH: Letter, to be executed by the Mayor and City Clerk, will
cover three (3) basic points:
1. Ameritech New Media, Inc. to include a map of the
City in the Franchise Agreement;
2. A "voice" will be available 24 hours a day, seven (7)
days a week, at the Customer Service Center; and
3. Ameritech New Media, Inc. will include in the
Franchise Agreement language that would specifically give
the City the right to create an ordinance pertaining to
cable as long as it does not substantially change the
terms of the Franchise Agreement.
Moved by Beauvais, seconded by Arredia, to concur with
recommendation of Committee of the Whole that the City
enter into a Franchise Agreement with Ameritech New
Media, Inc., 300 S. Riverside Plaza, Suite 1800 North,
Chicago, IL 60606; and further recommend that the Mayor
and City Clerk be authorized to execute Side Letter which
will include negotiated amendments. Upon roll call, the
vote was:
AYES: 7- Beauvais, Christiansen, Elstner, Higgason,
Sarlo, Smith, Arredia
NAYS: 1- Brookman
ABSENT: 0 -None
Motion declared carried.
ADJOURNMENT: Moved by Beauvais, seconded by Higgason, that the regular
meeting of the City Council adjourn. Motion declared
carried. Meeting adjourned at 11:38 p.m.
Donna McA1 ister, CMC /AAE - CITY CLERK