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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