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Home My WebLink AboutCOW Meeting Packet 07/27/1993COMMITTEE OF THE WHOLE AGENDA Meeting Location: Meeting Date and Time: Mount Prospect Senior,Center Tuesday, July 27, 1993 50 South Emerson Street 7:30 P.M. 1. CALL TO ORDER - ROLL CALL II. ACCEPTANCE OF MINUTES 0"". Ill. CITIZENS TO BE HEARD IV. CABLE TELEVISION SYSTEM - STATUS REPORT INGLE CABLE NEGOTIATIONS In March of this year, the Village Board discussed the relative merits of a change from the Village's current dual cable system to a single cable system. In the past, the Village Board has monitored its relationship with TCI, as defined by the Franchise Agreement, in the areas of performance standards, technical compliance and contractual obligations. The Village also engaged in discussions with TCI regarding their desire to modify the existing Franchise Agreement including reconfiguring the System to a single cable, modest price restructuring and other technical and legal requirements, The modifications were eventually adopted by several other TCI municipal franchisors, however, Mount Prospect did not find the modifications in total to be beneficial. Staff was directed to seek Franchise compliance per the existing Agreement. At the March 9, 1993 Committee of the Whole discussion, it was noted that most outstanding Compliance issues had been addressed with the exception of the unauthorized transfer issue. It was determined that further negotiations within the existing Franchise Agreement would not result in further material changes favorable to the Village. Remaining contractual issues could be addressed during the upcoming renewal process. The March discussion resulted in direction from the Village Board for staff to negotiated an amendment to the existing Franchise that would result in a single cable format on terms at least as favorable as other Northwest Municipal Cable Council communities had previously received. Over the past several months, Village staff has met with TCI representatives to draft an Amendment document mutually agreeable, to the two parties. A tentative agreement has been reached and in being presented to the Village Board for their review, comment and final direction on whether to proceed with adoption. Your information package includes a copy of the draft Amendment along with background material highlighting major changes. The negotiations also resulted in a commitment by TCI to conduct a market test in Mount Prospect for a prototype "on demand" cable subscriber system. This market test anticipates upcoming changes in cable technology that will see the possibilityofa 500 channel system with on -demand and specialty video services. TCI proposes to use the second cable to conduct this market test on a 100% voluntary basis, The proposed market test will offer Mount Prospect cable subscribers the option of taking a glimpse into the future of cable technology. A letter outlining the proposed market test is enclosed as part of your package. Appropriate staff and representatives from TCI will be available to facilitate discussion. 2re now faced 1 ners The proposed Code changes are designed to take into account well-established building and remodeling trends, the growing predominance of in -fill projects and the overall need to streamline the public hearing process. Proposed changes to the Zoning Map seek to recognize conditions as they exist and create conforming uses where possible. A number of joint workshop meetings have already been held between the Village Board and the Zoning Board of Appeals. Members of the ZBA have been invited to Tuesday's Committee of the Whole and appropriate staff will be in attendance to facilitate discussion. V1. MANAGERI REPORT VII. ANY OTHER BU§INESS VIII. ADJOURNMENT Minutes COMMITTEE OF THE WHOLE June 29, 1993 I. ROLL CALL The meeting was called to order at 7:08 p.m. by Mayor Gerald L. Farley. Trustees present were George Clowes, Timothy Corcoran, Richard Hendricks, Paul Hoefert, Michaele Skowron and Irvana Wilks. Also present were Village Manager Michael Janonis, Fire Chief Edward Cavello, Inspection Services Director Chuck Bencic, Engineering Coordinator Jeff Wulbecker, Assistant Finance Director Carol Widmer, Police Chief Ronald Pavlock, Operations Deputy Police Chief Thomas Daley, Administrative Services Deputy Police Chief Ronald Richardson, Commander Joseph Kolanowski, Public Works Director Herb Weeks, Public Works Equipment/Maintenance Superintendent Jim Guenther, Des Plaines City Manager Walter Douthwaite, St. Emily's Elementary. School Principal Sister Danielle Jacob and representatives of St. Emily's Parent/Teacher Organization, and Finance Commission Chairman Richard Bachhuber. II. MINUTES OF MAY 2S, 1993 i JUNE 81 1993 The minutes of May 25, 1993 and June 8, 1993 were accepted and filed. III. CITIZENS TO BE HEARD Mr. Jannis introduced his mother, Grace Janonis who was in the audience, to those present. IV. ST. EMILY'S STOPLIGHT DISCUSSION Mayor Farley reported that staff had thoroughly researched the need for a stoplight at Horner and Central. Past discussions with persons involved have led to proposals for a possible stoplight or other alternatives. Mr. Janonis gave a brief history of how this matter came to the attention of Village staff. Horner and Central is where a crossing guard crosses approximately eight children during the school year. These children attend St. Emily's Elementary School. During the past year the Police Chief had been informed that parents were concerned for the safety of their children at this crossing. There was also a concern for the safety of the crossing guard. The Chief of Police recommended that the crossing guard be eliminated based upon high traffic density, enforcement problems, questionable gaps in the traffic to allow the crossing guard to safely cross the children, roadway width and also visibility problems in the morning when traffic is driving directly into the sun. Based upon the Police Chief's findings and his own observations, Mr. Janonis agreed that the crossing guard should be eliminated. This led to a meeting in April with representatives of St. Emily's School when they were advised of the recommendation of Mr. Janonis and the Police Chief. The basic. responsibility for the safety of the children was also discussed and no consensus could be reached as to alternative solutions for a crossing guard. This led to a formal request by St. Emily's School representatives for a stoplight. This request resulted in Traffic Engineering staff conducting an extensive study of the location supported by heavy enforcement of the speed laws by both the Des Plaines and Mount Prospect Police Departments. As par=t of the study, Engineering staff was asked to see if the appropriate warrants were present to justify a stoplight. _ The find`ing was that there was no justification ``present for a stoplight. The traffic enforcement study showed conclusively that we do have people that do a>:ceed the speed limit during school hours at this location. It` was, -pointed out by Mr. Janonis that speed violations are not a warrant for any traffic control device. He further indicated that traffic control devices sucli as stop signs and stoplights have a tendency ,to increase the tpeeci'of vehicles because people speed up between them trying to make the next light. Mr. Janonis stated that staff feels that a stoplight or any other traffic control device would not provide the safety margin necessary for the crossing guard to cross children safely at Horner and Central. Staff concluded: that the best option would be to have the children transported by bus or by their parents. Mr. Janonis reported there are currently over .sixty children who live south of Central who attend St. Emily's and currently get to school by other means. Mr. Janonis reported there have been discussions about' cost relative to this 'concern but the major issue is safety. He concluded by stating that it would be in the best interest of all that other 'options such as busing for all the children who attend St. Emily's ° be explored. He requested that 'school staff contact, area school districts to see if they could assist in providing buses for the school. Sister Danielle pointed out that they have checked into busing for the students but have found that: the district that these children live in does not provide busing. She stated that some St. Emily's children are bused, )out they live in districts that either provide busing or a payment plan has been worked out with the parents. Although she recognized that eight children is a low number of students who must cross the intersection, there are also over 200 children who are dropped off at the school and these cars must pull in and out of the school yard. There was further discussionasto the legal responsibility regarding children's safety. 2 Trustee Skowron inquired as to what school district these children reside in. Nancy Giannelli, a representative from St. Emily's, replied that District 62 does not provide any busing for children in the district unless there are special circumstances such as a handicap. Trustee Skowron asked whether or not Sister Danielle had contacted District 62 or 26. A general discussion of the availability and application process to secure busing for the students then took place. There was also a discussion on contacting the Illinois Department of Transportation (IDOT) to request assistance in finding busing for the students. Mayor Farley suggested to school officials and parents present that perhaps a car pool might be the answer to their concerns. Representatives from the St. Emily's Parents/Teachers Association stated they do drive their children because they are concerned for their safety at Horner and Central. Trustee Hoefert inquired as to whether or not the parents of the eight children perceive this as a safety issue. The'representatives replied they did. Trustee Corcoran inquired as to the locations of other crossings for St. Emily's. It was pointed out that there is a crossing guard in Des Plaines at Berkshire and Wolf. He suggested taking the crossing guard from Horner and Central together with the crossing guard from Berkshire and Wolf and having both guards at Central and Wolf. This isolates the risk to a place where we have control, which is an intersection, and funnels people to where they should cross and not at an uncontrolled location. Trustee Corcoran recommended that formal requests be made to the two school districts for busing for the students. He also suggested contacting Legislator Marty Butler to see if State Legislation could be changed to include safety as one of the criteria to justify the need for busing service. Mr. Janonis informed the Board that there also is a crossing guard provided by Des Plaines at Emmerson and Wolf Road who crosses approximately eight children. Perhaps wecan combine all of the crossing guards and put them at Central and Wolf. Des Plaines City Manager Walter Douthwaite, stating that he was not speaking for the collective Des Plaines City Council, reported that it was also his opinion that this was not a safe location for a crossing guard and that the City of Des- Plaines has had preliminary discussions relative to the possible elimination of their crossing guard program along with other programs due to budgetary concerns. He stated he would be willing to work with Mount Prospect and redeploy their two crossing guards to Central and Wolf to assist in funneling children to a safe crossing. However, he pointed out that this would be at the most for the 1993-94 school year and that in the future there possibly would not be funding for those crossing guards. Mayor Farley suggested a traffic light at Horner and Central with the expenses shared between interested parties. 3 Trustee Wilks asked Village Engineer Jeff Wulbecker to discuss the warrants for both the traffic light and the crossing guard. He reported warrants far a traffic: light are not present, and the roadway was definite] y unsafe for the children crossing at the time of the study due to the lack of.! the necessary 60; gaps per hour. There were only 20 gaps per hour. There was also a discussion relative to the legeil position of the Village if the fight were installed without meeting the warrants. Mayor Farley questioned Engineering staff as to the possibility of the installation of a school traffic light to be used only at specific times of the day. Engineering staff recommended against that type of a light and gave various reasons for this recommendation. Trustee Skowron, after a lengll:hy, discussion about alternative methods of crossing the children and slowing traffic down, recommended that the school pursue the issue of busing with the adjoining school districts. Trustee Roefert'stated that there are definitely more appropriate solutions than the installation of a light and he would certainly support Trustee Corcoran's suggestions Mayor Farley concurred with Trustees Skowron and Hoefert that the Village should assist St. Emily's in pursuing transportation with the adjoining school' districts. Trustee Corcoran could not support a stoplight or a crossing guard at Horner and Central, but would support, if possible,, placing cur crossing guard at Central and Wolf, joining the Des Plaines crossing guards in providing a safe crossing at that location. Trustee Cloves agreed with 'Trustee Corcoran and other T:stees that: the crossing: guard should not be kept at Horner and Central and that the idea of =having children crossing at one location such as Central and Wolf should be explored. He also 'stated that he was not aware of the traffic problem of cars entering and leaving the parking lot at St Emily's. Mayor Parley stated -that it appears there is`a consensus that the Village staff can work with the school district to formally request district #26 consider busing the: children to St. Emily's and that St Emily's look at art alternative solution such as contracting for busing, possibly with Pace. It vas also suggested that legislation be pursued at a state level to make safety a criteria for the justification for providing funding for transportation of children to school. Mr. Janenis`indicatad he would work with staff in an attempt to follow up on these recommendations and come to some conclusion before"the start of the 1993-94 school year. V. POLICE AND FIRS HEADQUARTERS UPDATE Mr. Janonis presented the list of Change Orders for the new facility and informed the Board that the building construction is still under budget. He also indicated that it would probably take 30 - 60 days to work out some of the minor problems with .the building, at which time an "Open House'" would be considered. mayor Farley polled the Board and there was a consensus as to the approval of the Change Orders. Trustee Hoefert and Trustee Wilks expressed concern the minor points that were missed by thea architect on but after a short discussion concluded that then arise. as to some of the building, e problems do Mr. Janonis expressed his appreciation and complimented staff from the various departments who were involved in the planning, construction and occupation of the new facility. He especially commended Project Director Commander Joe Kolanowski for his tenacious approach to' a finished building. Several Trustees complimented staff and especially Commander Kolanowski on a job well done in supervising the construction' of the new building. Trustee Hoefert did request that consideration be given in the near future for the placement of a guard rail on the west side of the parking structure to prevent citizens from walking off the end. VI. PHASE III FLOOD CONTROL PROJECT UPDATE Mr. Janonis introduced Public Works Director Herb Weeks, who was asked to give an overview on the status of four major flood control projects scheduled for construction this fiscal year. Before this discussion took place there was considerable dialogue between the Village Manger, the Mayor and the Public Works Director as to a 1,350 foot section of recently discovered extremely deteriorated combined sewer pipe on one of the projects. They pointed out that the Prospect Manor/North Main Project had been progressing smoothly until this deteriorated condition was found. The estimated cost of the additional repairs to this section is approximately $115,000 plus engineering fees. Director Weeks then discussed the four projects (Des Plaines River Backwater Valves, Prospect Manor/North Main Sanitary, Hatlen Heights Sanitary, and Fairview Gardens Sanitary). He reported they were all coming in under budget and he expected no problems with completion. Director Weeks also gave a brief report on the status of the elevated tank renovation and indicated it was on schedule with minimal problems. A discussion among the Trustees ensued about the various projects. Director Weeks answered their questions. Mayor Farley asked if there was a consensus to support continued funding of the projects. The Board unanimously agreed. VII. DISCUSSION REGARDING POOL CAR FLEET MAINTENANCE Mr. Janonis indicated to the Board thatthepurpose of this agenda item was to give the Board an opportunity to review the Village's current fleet maintenance and replacement program. During the past several weeks Village staff met and conducted an extensive review of our current system. Mr. Janonis reported that after the series of lengthy meetings it is his conclusion that the program was adequately serving the needs of the Village. He stated that it 5 would be appropr that the Board we car°fleet replace criteria and sut among the Trust& discussion at tb cars and pool c pointing out tha that any vehicle as its ;priority. this was his top replacement schec cars. A discussion by Works Equipment/] Chief Ronald Pav] issues and the r Board that the.' vehicles have be4 per mile became and trade-in va vehicles or put Trustee Corcora approachingthe the area of vehic certain parts of due to wear and others based upo new manufacturer' 70,000 miles bec time and/or mil Trustee Corcoran car goes through run. The cars t because the $10 would pay for a vehicles out on Trustee Corcorar taken into.consi cars for a peri pointed out, that the end of two yo less any mainter7 rid of the vehic He further stab limits certain is being repairer eat this meet t.QLL%A LRC^1L ive com eeting Trus felt v and especially the ity Police Chief Ron .enance Superintende covered warranties, .ling of veh.Lcles. lase has tried pro L L. lib 'IUUL, up for auct immarized .les tha, ae, i.e. or $12, 001 .c.le. The :iculated :ion wher f two y4 :urther discussion so ng of the program for ng its design, review a discussion ensued Lt this Program under ted to squads,, staff n the discussion by wanted it understood uld have life safety cd to understand that ff to comment, on the ear program on police irdson, Public m Guenther and Police tenance costs, safety s pointed out to the in the past where D miles, but the cost .h the new warranties tive to recycle the LS cost effective ways of based upon his expertise in ince. He indicated there were :o be replaced over the years mufflers, engine parts and arts.' He further stated that Iger vehicles are seven years, at the,end of that periodof ng to start deteriorating. that the duty cycle a police he roughest ways for a car to cars are almost consumables is almost less than a dealer nufacturers want to get these ise their product. rious cost factors that are vehicles are driven as police 50,000 - 60,000 miles. He cost $10,000 - $12,000 and at receive back a $4,000 rebate way, which allows us to get before it becomes a problem. Le reaches its upper mileage d. Also, while that vehicle ;essary at an; additional cost. Trustee Hendricks inquired as to whether or not there was an exception for police cars under new dealer warranties. Mr. Guenther advised there is'no exception. Trustee Cloves asked that the Village budget lease charges be explained. This led to a discussion about the lease charges and history and the benefits as presented in our current budgeting system. A discussion among the Trustees, Village Manager and Mayor ensued about the current cost program. Further discussion was also held as to the right sizing of vehicles and how the committee will continue to look at alternative cost effective vehicle maintenance programs. Mayor Farley described his many years of experience as a Trustee and as the Mayor in dealing with our current program, indicated his support and complimented staff on a job well done. Mr. Janonis indicated that if there was a better way we could do the job and tie it into our current performance budget system we would do just that in the future. Trustee Cloves indicated his interest in a continuation of the information flow as to our innovative program and that we should share it•not only with the Village Board but also with our neighboring communities. Trustee Corcoran pointed out that most people do not take as good of care of their personal vehicles as the Mayor and Trustee Hoefert, and that is why there needs to be a planned maintenance program. Most vehicles deteriorate due to maintenance failure. That is why the previously described fleet maintenance/replacement program works so well. VIII. MANAGERS REPORT Mr. Janonis invited the elected officials to tour the maintenance facilities at Public Works to personally observe the innovative maintenance program at their convenience. I8. ANY OTHER BUSINESS Trustee Wilks commented on the request by Lil and Leo Floros that the Village form an official Special Events Committee and supported the concept. Mayor`Farley polled the Board and the consensus was that a Special Events Committee should be considered. Trustee Hendricks brought forth a concern about a line -site concern present at Emmerson and Wolf. He asked that staff review this problem. B. ADJOURNMENT The meeting was adjourned at 9:55 p.m. Z JW..tPa s i vl ck Chief of Police 7 ADMINISTRATOR CHERYL L PASWC PROD COORDINATOR PROD. ASSISTANT JAY FLUM SECRETARY DEW DOYLE COMMUNICA TIONS DI VISION COVERNMENT ACCESS CNANNEL 6 VILLACF OF MOUNT PROSPECT 50 S. EMERSON STREET MOUNT PROSPECT, /1 60056 TO: MICHAEL E. JANONIS, VILLAGE MANAGER FROM: CHERYL L. PASALIC, COMMUNICATIONS ADMINISTRATOR / DATE: JULY 23, 1993 RE: MODIFICATION OF CABLE TELEVISION FRANCHISE PMONE: 708/870-5685 FAX 708/870-8502 MD. 708/392-1375 Per direction from the Village Board to expeditiously go to a single cable system, we have been holding discussions with the local management of Telenois, our cable provider, regarding their request for modification of the franchise agreement. As you know, a couple of years ago many of our neighboring communities modified their franchises with Telenois in order to incorporate many of the provisions we already had in our ordinance into their franchise agreements. By doing this, they increased their regulatory authority and brought their agreements and ordinances more in line with Mount Prospect's. Once the Village Board determined that it would like to move in the single cable direction, staff was instructed to structure an agreement that was at least as favorable or more favorable than the agreements between our neighboring communities and Telenois/TCI. After much discussion, such an agreement has been drafted. Enclosed you will find a copy of the draft agreement, and listed below, some of the highlights or important points to note: - An upgrade of fiber optic backbone cable shall be implemented (Page 1) - While going to a single subscriber cable, system will also offer special services over the second cable on a test market basis (Page 3 & attached letter from TCI) - Many "cable -ready" television features will be able to be utilized with the upgraded system (Page 3) - Sets limitations on the movement of PEG channels and mechanism for reimbursement of associated costs by the access entity (Page b) - Sets stricter construction and installation standards (Pages 7 - 9) - Sets requirements for longer hours at the Mount Prospect office (Page 10) - Sets requirements that the Mount Prospect studio be available to advanced access users, and training will be provided (Page 13) Page 2 - Incorporates penalty structure from ordinance (Page 15) - Allows for transfer of the f;•anchise to TO of Illinois, but does not erase from the record any prior violations of the franchise or penalties imposed (Page 16) This draft agreement is scheduled for discussion by the Board at the July 27 Committee of the Whole meeting. At tha- time, staff will seek input from the Village Board as to whether the draft agreement meets with the guidelines set, and whether it shall proceed forward. If the Board wishes it to proceed, the proposed agreement will come before the Board following proper notice and publication as required. It is anticipated that this matter would be brought forward at a Village Board meeting in September unless both parties involved agree to waive the required notice period. A public hearing will need to be called During the Board meeting to solicit resident input. Once final Village Board approval is given, it will take TO approximately 60 to 90 days to implement the changes necessary. This proposed modification applies to the current franchise only and in no way extends it beyond the current term. The Village anticipates that it will receive a notice from TCI in the next 7 months that will request that the franchise be renewed. While the current franchise does not expire until 1996, the renewal and hearings process can take several years to complete. Representatives from TCI will be on hand as well as appropriate staff to answer any questions you may have. Were taking television into tomorrow. TO of Illinois. Inc. .0 Mr. Michael Janonis Village Manager Village of Mt. Prosp=ect 100 South Emerson Street Mt. Prospect, IL 60056 July 21, 1993 Dear Mike: Pursuant to our recent negotiations for a modification to the Cable Television Franchise Agreement between the Village of Mt. Prospect and TCI of Illinois, Inc., please accept this letter outlining our plans for a market test to be held in Mt. Prospect. It is our intent upon the final approval of the Franchise Agree- ment modification to begin preparing to use the second cable of the dual cable system in Mt. Prospect for a test system. It will be our objective to test the marketing of various cable services that we feel will be a part of TCI cable systems of the future. As we have discussed, TCI is in the process of building a digital compression center in the Denver area. The implementation of video compression will expand the capacity of our cable system up to perhaps several hundred channels by the mid-1990s. With this pre- liminary test, we hope to begin to form an understanding of the purchasing patterns of cable subscribers in this expanded cable universe of the future. We will create a separate system of up to 60 channels in Mt. Prospect with a unique headend located in our existing building on Feehanville Drive. This will be one of the first projects of this type in the country and will bring a great deal of attention to the community. TCI will be devoting substantial resources, both financial and operational to this system of the future. We are very excited to have the opportunity to provide this glimpse of the future technology and services to this community. Let me assure you that in no way, however, will the operation of this project in- fringe upon the day to day operation of the standard cable system. While the concept is still in the development stage, we can iden- tify for you several key elements of the test. They include: -The test will occupy the second cable which will become inactive as a part of the modification. -The test itself will begin in early 1994 and will run for approximately one year. 1201 Feehanville Drive Mount Prospect. Illinois 60056-6010 (708) 299-9220 FAX (708) 299-4086 An Equal Opportunity Employer TCI of Illinois, Inc. -To participate, residents scribers. However, not all pate; this will. be strictly We're taking television into tomorrow. will need to be cable sub - subscribers will partici- a voluntary system. -The additional. channels will carry a variety of pro- gramming from broadcast and cable television services. Subscribers wi:-1 be able to either purchase individual programs on a pay-per-view basis, or full cable channels on a monthly basis. Offerings may change each month as different products are tested. -Participants will require a special converter box in their homes. The box will be for the reception of the test channels only. Several different boxes may be used during the course of the project. Different boxes may be in service simultaneously in different homes as part of our study to determine how the technology needs to be shaped for the years ahead. -All billing, customer service and service repair will be handled by current Mt. Prospect staff. As the project will generate :-evenue for the system, the standard 5% franchise fee will be paid to the village. -Separate cable guides fora the various services will be sent to subscribers who participate. Upon the final approval of the modification agreement, we would like to arrange a press conference to unveil the project. We would like Mt. Prospect officials including Village President Farley and you to join key TC:I personnel and cable executives from other groups for the announcement. I can assure you that the national press within the communications industry will be very interested in this project. I hope that this letter serves your needs and provides to you and members of the board a p7-eliminary understanding of how we intend to use the second cable within the Village. If you need any further clarification, please do not hesitate to contact me. R spectf lly, Jim Mitchell 1201 Feehanville Drive Mount Prospect. Illinois 60056-6010 (708)299-9220 FAX (708) 299-4086 An Equal Opportunity Employer' 1 1 AGREEMENT OF MODIFICATION AND AMENDMENT TO FRANCHISE AGREEMENT 2 WHEREAS, Cablenet, Inc., by an Agreement dated August 1, 1981 ("Franchise 3 Agreement"), was granted a non-exclusive franchise for the occupation and use of the streets 4 of the Village of Mount Prospect ("Municipality") for the construction, operation, maintenance 5 and repair of a cable communications systems ("System") in accordance with the provisions '6 of the Franchise Agreement; and 7 WHEREAS, the franchise granted pursuant to the Franchise Agreement and all rights s and obligations of Cablenet, Inc. as franchisee under the Franchise Agreement were 9 transferred to Telenois, Inc. ("Franchisee") on April 21, 1987; and 10 WHEREAS, it is understood that the Franchisee is currently implementing and will 11 continue to implement an upgrade of the System via fiber optics as backbone as shown in 12 Exhibit _; and 13 WHEREAS, the Franchisee has requested that the System channel capacity and 14 access channels required by the Franchise Agreement be reduced, and also requested 15 certain other modifications and amendments be made to its obligations under the Franchise 16 Agreement, and 17 WHEREAS, the Municipality, after careful consideration, has determined that certain 18 of the Franchisee's proposed modifications to the Franchise Agreement are appropriate, and 19 further determined that additional modifications and amendments to the Franchise Agreement 20 are appropriate at this time; and 21 WHEREAS, Section 32 of the Franchise Agreement and Article IV, Section 6.403 of 22 the Cable Communications Code authorizes such modifications and amendments; and 23 WHEREAS, the Municipality has determined that such modifications and amendments 24 to the Franchise Agreement are in the public interest and the parties have embodied those 25 promises, modifications and amendments in this Agreement of Modification and Amendment 26 of Franchise Agreement ("Modification Agreement"): 27 NOW, THEREFORE, in consideration of the foregoing, and the mutual promises and 28 covenants set forth, the parties hereto agree as follows: 'w1127MIXIFIKwa r 30 In order to effectuate the modifications to the Franchise Agreement requested by the 31 Franchisee, the additional modifications deemed necessary and appropriate by the 32 Municipality, the Franchise Agreement is hereby modified and amended in the following 33 respects. 34 SECTION 2: Definitions is amended to add the following terms and definitions: 35 "Cable Act" - means the Cable Communications Policy Act of 1934 as amended by 36 the Cable Act of 1984 and the Cable Act of 1992. 1 1 "Customer Service Standards" - means those quantitative goals and measures of 2 service quality and procedures applied by the municipality including, but not limited to, the 3 billing practices, phone service, repair service, and hours of operation, as outlined in Section 4 6.607.G. of the Cable Communications Code as amended from time to time. 5 "Modification Agree nent" - means the Agreement of Modification and Amendment to 6 the Franchise Agreement of August 1, 1981 entered into between the Municipality and the 7 Franchisee and made a pert of this Franchise Agreement. 8 "Public Educational and Governrnerit PEG Channels" - means those channels on 9 the Subscriber and Institutional Network dedicated pursuant to this Agreement to public, 10 educational, or governrlhental access use. 11 "Reconstruction" - means any and all repair, revision, or upgrade of a significant 12 portion (60% or more) of the System, within the Municipality, including any construction, 13 removal or installation associated with such revision, repair or upgrade. 14 : stem" - is amended by the 'deletion of the reference to the city of Niles. 15 SECTION 4: Riffs Reserved bythe au icl , is amended to include additions to 16 subsection (h): 17 (h) Through its appropriately designated representatives, to inspect all construction, 18 reconstruction, or installation work performed subject to the provisions of this Franchise 19 Agreement and the Cable ,Zommunications Code and make such inspections as it shall find 20 necessary to ensure compliance with the terms of the franchise, the Cable Communications 21 Code, and other pertinent provisions of law. 22 SECTION 6: Territorial Extent of Franchise is amended by deletion of the current section 23 and substitution of the following language: 24 The Franchisee is authorized to operate throughout the entire territory, within the 25 corporate limits of the Municipality as the Name now or in the future may exist. Pursuant to 26 Section 6.601 of the Cable Communications Code, the Primary Service Area shall consist 27 of all residential, commer(:ial and industrial properties within corporate boundaries of the 28 Municipality existing on the! date of the Modification Agreement. The Municipality specifically 29 retains the right to operate a cable system in the Municipality, pursuant to State and Federal 30 law, and the right to award franchises to others who qualify to offer and operate a cable 31 system in the Municipality 32 SECTION 7: line Extension Policy is amended by the addition. of the following language: 33 (e) The Franchisee shall make cable service available to all persons or entities, 34 whether residential or commercial, within the Primary Service Area as that area is defined 35 pursuant to Section 6 hereof. Line extensions will be completed within the construction time 36 limits prescribed in Section 12 hereof. F, 1 (f) The Franchisee shall extend and make cable service available to any subscriber 2 within the Primary Service Area at the standard connection charge, provided that, if the 3 connection to any single subscriber requires an aerial or buried drop line in excess of 4 hundred and fifty feet (150') ,-measured from they subscriber's structure to the nearest trunk 5 or feeder cable, the Franchisee shall extend and make service to such subscriber at a 6 connection charge not to exceed the sum of the standard connection charge plus the actual 7 installation costs incurred by the Franchisee for the distance exceeding one hundred and fifty 8 feet (150') measured from the subscriber's structure to the nearest trunk or feeder cable. 9 (g) All easements, other than Utility Easements, constructed for cable television 10 service shall be recorded on Plats of Survey by the Franchisee as directed by the 11 Municipality. 12 SECTION 8: Description of System Design is amended by the deletion of the reference 13 of Niles in subsection (b). 14 This section is further amended by the deletion of the current subsection (c) and the 15 substitution of the following language: 16 (c) The Subscriber Network shall be capable of carrying at least 60 downstream video 17 channels (of 6 MHz each), based on a minimum bandwidth of 54-450 MHz for the trunk cable 18 and feeder system. The System shall also be capable of transmitting at least four (4) 19 upstream video channels of 6 MHz in the 5-30 MHz band. The secondary cable from the 20 previous dual line system shall be fully maintained as if it were an activated cable as required 21 by local, state, and federal law for a period of at least twelve (12) months. 22 Basic services on the Subscriber Network shall, at a minimum, be available without a 23 convertor or remote control necessary, or shall have a convertor and remote control provided 24 that will allow for stereo sound, VCR functions, and television features such as picture -in - 25 picture, etc. 26 This Section is further amended by the addition of the following language to the beginning 27 of subsection (e): 28 (e) On a biannual basis, a joint review by the Municipality and the Franchisee will 29 be held to determine the need and ability to expand channel capacity on the system. If such 30 a need is determined to exist, the Franchisee will provide channel capacity expansion 31 provided that the technology considered to be generally accepted in the industry at that time 32 would allow for expansion in a reasonably economic and efficient manner. 33 SECTION 9: Technical Performance Standards is amended by the deletion of the current 34 Section and the substitution of the following language: 35 (a) General. The Franchise shall construct, operate, maintain and test the System 36 in accordance with the technical performance standards set forth in this Agreement or with 37 all FCC standards, whichever are more stringent. 38 (b) Technical Parameters. The technical performance of the System, including the 39 Subscriber Network and the Institutional Network, shall, at all times, meet all standards 40 and/or guidelines of the Federal Communications Commission, all other applicable federal, 41 state, and community standards, and the standards set forth in this Section. The standards 3 1 in this Section are applicable to all video, audio, and data signals which are carried on the 2 System. The standards list the minimum performance for the "Worst Case" at the point 3 where service is delivered to the subscriber by the Franchisee; this point is usually the output 4 of a converter, modem, or similar interface device. 5 Two sets of standards are isted in the table that follows. The first set, in the column labeled 6 " Subscriber Network", apply to the performance of the distribution of all signals as received 7 or originated at the headen J (or other remote reception location) and distributed downstream s on the Subscriber Network and delivered to the subscriber. The second set, in the column 9 labeled "Total System", apply to the performance of the distribution of all signals throughout 10 the System (i.e. both the :subscriber Network and the Institutional Network), including the 11 combined degradation effects of both upstream and downstream carriage; e.g., program 12 origination at an access studio or institution and distributed upstream to the headend where 13 it is interconnected to the Subscriber or Institutional Network and distributed downstream to 14 subscribers. 15 PARAMETER UBSC, .RI ER NETWORK SYSTEM 16 Visual Carrier +0 dBmV +3 dBmV 17 Signal Level (at 100 ft. drop) 18 Audio Carrier 13 to 17 dB below 13 to 17 dB below 19 Signal Level Visual Carrier Visual Carrier 20 FM Band Carrier 13 to 17 dB below 13 to 17 dB below 21 Signal Level Visual Carrier Visual Carrier 22 Visual Carrier- 43 dB 43 dB 23 to -Noise Ratio 24 Visual Carrier- 47 dB 51 dB 25 to -Co -Channel 26 Visual Carrier 53 dB 51 dB 27 to Any Coherent 28 Disturbances, 29 including CTB 30 Low Frequency 3% or less 3% or less 31 Disturbances 32 (Hum Modulation) 33 Visual Carrier 34 Frequency & 35 Tolerance 36 Aural Carrier 4.5 Mhz ± 5 Khz 4.5 Mhz ± 5 Khz 37 Frequency & Above Video Carrier Above Video Carrier 38 Tolerance Frequency Frequency 4 I 2 3 4 5 6 8 9 10 PARAMETER SUBSCRIBER NETWORK SYSTEM Video Frequency 10 kHz to 4.2 Mhz: 10 kHz to 4.2 Mhz: Response + 2 dB; ± 2 dB; Colorburst: 40 Colorburst: 40 ± 4 IRE units ± 4 IRE units Peak -to -Valley Response (across the spectrum) Audio Frequency Response N/10 + 3 N = Number of Amplifiers 50 Hz to 15 kHz: ±3dB N/10 + 3 50 Hz to 15 kHz: ± 3 dB 11 Audio Stereo System transparent System transparent 12 Transmission to transmission of to transmission of 13 FM broadcast and TV FM broadcast and TV 14 BTSC stereo audio BTSC stereo audio 15 Terminal to 16 Terminal 18 dB 18 dB 17 Isolation 18 Forward/Reverse 60 dB 60 dB 19 Plant Isolation 20 Signal Leakage FCC Standards: FCC Standards: 21 (CLI and Radiation (CLI and Radiation 22 Limits) Limits) 23 Channel Frequency FCC Standards/ FCC Standards/ 24 Boundaries Guidelines Guidelines 25 (c) Testing Requirements:. The Franchisee shall conduct appropriate monitoring and 26 measurements utilizing appropriate measuring devices - including devices capable of 27 measuring signal leakage in microvolts/meter - to ensure that the System is performing within 28 the above standards at all times. When such monitoring or measurements indicate that 29 performance has fallen below these standards, corrective action shall be undertaken to 30 restore proper performance. All channels on the System shall be monitored daily by a visual 31 inspection of the picture and listening to the audio for general performance and audio level 32 balance. 33 At a minimum, measurements shall be made monthly at the headend and quarterly 34 at three randomly -selected, longest cascades in the community to ensure that all channels 35 on the Subscriber and Institutional Networks are operating properly. Measurements of all 36- operational parameters shall be made, per FCC reg. 76.601, annually at the headend and 37 four geographically divided locations on all channels. Locations should be selected at the 38 ends of the longest cascades in four geographically separated areas in the community. 39, Specific locations are to be selected by the Franchisee, with the approval of the Municipality. 40 Written records of all performance measurements shall be maintained on file by the 41 Franchisee and shall be provided to the Municipality. In addition, the Franchisee shall enjoy 42 or have available to it, on a full-time basis, a professional engineer or equivalent, and a 1 service and repair force of competent technicians, capable of maintaining the System in 2 accordance with the technical performance and service requirements in this Agreement. 3 SECTION 10: Area Wide Interconnect of Cable Systems is amended by deletion of the 4 current Section, and substitution with the following language. 5 (a) The Municipality may request that the Franchisee interconnect access channels 6 and/or local origination channels of it's System with other systems in the adjacent area, and 7 provide such channels to all schools, government buildings, and institutions designated by 8 the Municipality, as well as to additional access channels on the System as long as the 9 request does not result in a requirement to expand channel capacity. 10 (b) The Franchisee shall make a good faith effort to obtain agreements for the sharing 11 of interconnecting costs among all interconnecting companies. Upon finding that the 12 Franchisee has made a Good faith effort, and has not been able to obtain a reasonable 13 interconnection agreement, or that the cost of the interconnection would cause an 14 unreasonable increase in subscriber rates, the Municipality may rescind it's request, or upon 15 determining the finding of the Franchisee: is unreasonable, the Municipality may request 16 further study, or may enforce the request for interconnection. 17 (c) Once the interconnection agreement is reached, the Franchisee will work with the 18 Municipality to ensure tha- the interconnection is completed in a timely manner. 19 (d) The provisions :above shall not be construed so as to preclude cooperative effort, 20 joint ownership of facilities, or cost-sharing arrangements; provided however that each and 21 every aspect of construction and operation of the interconnect shall be clearly designated in 22 written agreement(s) between the cooperating parties. 23 (e) The Franchisee shall provide all modulators or signal processors necessary to 24 complete the program transmission or other program video sources from municipal, access, 25 and institutional facilities as outlined in Exhibit _. 26 SECTION 11: Charnel Allocation is amended by the addition of the following language, 27 at the conclusion of the Section: 28 (a) The Franchise shall, to the maximum extent possible, assign as dial locations for 29 local broadcast televisions stations carried on the System numbers which correspond to their 30 respective FCC -assigned TV station call numbers. Any PEG channels may not be 31 reassigned without forty-five (45) days notice to the Municipality, and the affected users. The 32 Franchisee will notify subscribers of any PEG channel reassignments by bill messages or bill 33 stuffer. PEG channels may not be reassigned more than once in any twelve (12) month 34 period. 35 (b) Franchisee shall be responsible for any established costs incurred by any PEG 36 user due to a change in channel assignment for any PEG channel. These costs may 37 include, but not be limited to, stationary, business cards, public notices, and promotional 38 items such as crew uniforms, t -shirts, etc. as agreed upon on a case by case basis. 6 1 SECTION 12: Construction Schedule is amended by the addition of the following 2 subsections. 3 (d) The Municipality shall notify the Franchisee of the construction of any new 4 development within the Municipality by delivering to the Franchisee a final Plat of Survey, to 5 include final design for all utilities for that development. Within thirty (30) days of such notice 6 of areas having a planned minimum density of 25 units per street mile. Unless a variance 7 of this requirement is granted by the Municipality, the Franchisee shall deliver to Municipality 8 its proposed construction design plan for the development and have applied for all necessary 9 permits and licenses. Construction shall begin within thirty (30) days of the receipt of all 10 necessary permits and licenses. The Franchisee shall complete construction of its System 11 in the development within the time frame as submitted on the final design submitted to the 12 Municipality. The Municipality will have final approval of such time frame, however, such 13 approval shall not be unreasonably withheld. Unless a variance is granted by the 14 Municipality such time frame shall not be longer than ninety (90) days. 15 (e) Within thirty (30) days after signing a contract and approved design with any 16 multiple dwelling unit for the provision of cable service, the Franchisee shall begin 17 construction of extension of its system in such multiple dwelling unit. The Franchisee will 18 complete construction or extension of its System within the time frame as submitted on the 19 final design submitted to the Municipality. The Municipality will have final approval of such 20 time frame, however, such approval shall not be unreasonably withheld. Unless a variance 21 is granted by the Municipality such time frame shall not be longer than ninety (90) days. 22 (f) Line Extensions will be completed within one (1) year of the filing of a written 23 request for service by not less than 50% of the potential subscribers and/or users located in 24 an area of the Municipality which lies outside the PSA and which does not meet the minimum 25'. densities specified above. If the Franchisee determines that a line extension is not 26 economically feasible, then it may request relief from this provision. Relief may or may not 27 be granted by the Municipality, but the Municipality will not reasonably withhold such a 28 decision. 29 SECTION 13: Standards and Restrictions as to Construction and Installation is 30 amended by addition of the following language at the conclusion of subsection (e): 31 The Franchisee shall, whenever possible, permanently secure and install, pursuant to the 32 terms of this Agreement and the Cable Communications Code, including all requirements as 33 to burial of cable and restoration, all cable drops and reception equipment at a subscriber's 34 residence or business at the time of installation. In the event a temporary cable or drop line 35 is required, the Franchisee must permanently install and bury, if necessary, the cable or drop 36 line within ten (10) days. In the event a temporary cable or drop line is required due to 37 winter weather-related conditions, the Franchisee must permanently install and bury, if 38 necessary, the cable or drop line within sixty (60) days of the first date that such installation 39 is possible. Whenever practicable, temporary service drops remaining from winter shall 40 be buried by Memorial Day. Determination of permanent construction conditions shall be the 41 responsibility of the Franchisee, subject to review by the Municipality. 42 This Section is further amended by the addition of the following language at the conclusion 43 of subsection (g): 7 1 (1) All Ground wirer shall be securely fastened to the building surface and routed in 2 a way to prevent such wires from becoming a safety hazard. 3 (2) The Franchisee shall provide a copy of its construction manual to the Municipality. 4 Such manual shall show the equipment mounting methods, grounding and installation 5 practices the Franchisee requires to be followed by its employees and subcontractors. 6 Methods to be shown include height above ground and underground burial depth of cable, 7 grounding practices, location of equipment, and other cable installation practices. An 8 acceptable submission under this Section would be the TCI Construction Manual 9 supplemented by those items not addressed in the TCI publication. Whenever there is a 10 conflict between this Agreement and local building codes, local codes will prevail. In the 11 absence of more stringent NESC or local codes, the submission under this section shall be 12 incorporated as the stancard. The Franchisee may submit revisions from time to time, but 13 in no event shall the standards be less stringent than those in place as of the date of this 14 agreement. 15 (3) The Franchisee shall be a member of the J.I I.L.I.E. system. Emergency locates 16 will be done immediately. All other requested locates will be done within 48 hours, 17 excluding Saturdays, Sundays, and Holidays. 18 (4) The Franchisee shall, to the maximum extent possible, complete all installations 19 or construction to be performed at each subscriber's residence or business, including any 20 installation of new equipment either within or outside a subscriber's residence or business, 21 in one service call. 22 This Section is further amended by the deletion of subsection (k) and the substitution of the 23 following language: 24 (k) The desire of each subscriber as to the point of entry into his or her residence, 25 common areas, or business shall be observed to the maximum possible extent. Runs in 26 building interiors and exteriors shall be as unobtrusive as possible. The Franchisee shall 27 comply with a subscriber's request that the Franchisee use white cable in the interior of the 28 subscriber's residence or business, however, subscribers will be informed that the use of 29 white cable constitutes a custom install and shall be subject to appropriate charges not to 30 exceed the actual cost incurred by the Franchisee. In addition, (1) no permanent fixture for 31 the reception of cable service may be attached to any residence or business without the 32 express written consent of the owner(s) of that residence or business (2) the cost of removal 33 of equipment which is not a part of a standard disconnection (i.e.- beyond demarcation point) 34 shall be borne by the owner, however, any cable wired within the home may be purchased 35 at actual materials cost by the homeowner unless ownership has already been transferred 36 to the homeowner by the Franchisee. 37 This Section is further amended by the addition of the following subsections: 38 (k)(1) Except in cases requiring emergency repair, or related to a specific service 39 problem, or installation o'F regular subscription services at the subscriber's residence or 40 business, the Franchisee must give each Subscriber at least three (3) days' notice before 41 attempting to perform aiy construction, reconstruction, or installation at subscriber's 42 residence or business. Such notice shall be by doorhanger, or by mail. 8 1 (1)(1) Except as specifically noted in this Section, the Franchisee shall be bound by 2 all customer service, construction and other requirements of the Cable Communications Code 3 and thereby the Franchise Agreement as amended by this Agreement, with respect to all 4 construction, repair, restoration, installation, or other work performed relating to any 5 Reconstruction. 6 (2) The Franchisee shall place notices in newspapers of general circulation in the 7 Municipality setting out the approximate schedule for Reconstruction -related construction 8 activity broken down by sections within each area of the Municipality, and a telephone 9 number where representatives of the Franchisee may be reached for additional information. 10 The Franchisee shall also notify subscribers by bill message or bill insert. 11 (3) The Franchisee shall give notice to all subscribers in any area where 12 Reconstruction activity is to take place that is likely to cause a service interruption or other 13 inconvenience. Such notice shall state the objectives of and procedures related to the 14 Reconstruction, the areas affected by the Reconstruction activity, and the specific day and 15 hours that disruption is possible. Such notice shall be by personal contact with a 16 representative of Franchisee, doorhanger, or by mail, and must be given at least three (3) 17 days before the Reconstruction activity begins in a particular area. 18 to addition, the Franchisee shall program a message on its Customer Information 19 Channel explaining the Reconstruction and demonstrating what subscribers might experience 20 during Reconstruction activity in their area. The Franchisee shall also display on its 21 Customer Information Channel accurate messages describing which areas of the 22 Municipality, by neighborhood and block, are scheduled for Reconstruction activity in any 23 given day and shall update this information on a daily basis. 24 (4) The Franchisee shall provide the Municipality with a detailed schedule of the start 25 and anticipated completion of reconstruction activity in each area, updated on a weekly basis. 26 (5) The Franchisee shall secure the consent of any subscriber or property owner 27 on whose land or at whose residence or business the Franchisee conducts any construction, 28 reconstruction, or installation outside of the easement. 29 SECTION 14: Services to Subscribers is amended by the deletion of Subsection (b) 30 (guide) 31 Section 14 is further amended by deleting subsection (c) and substituting the following 32 language: 33 (c) The Franchisee shall make available to each subscriber the converter or other 34 equipment and devices necessary for the receipt of all services which the subscriber desires 35 to receive. The Franchisee shall provide equipment allowing the subscriber to "lock out" 36 audible and visual reception of certain programming channels at the request of the 37 subscriber. The Franchisee may collect at the time of installation, a deposit from 38 subscribers to ensure the protection and return of the converter or other equipment or 39 devices provided by the Franchisee. At the termination of service, the subscriber shall 40 receive a refund in full of his security deposit plus 6% simple interest per annum upon the 41 return of the converter or other equipment or devices in good condition to the Franchisee, 42 normal wear and tear is expected. The Franchisee may, from time to time, request a review 43 by the Municipality of the rate of interest paid on security deposits. 9 1 This Section is further amended by the addition of the following subsection as subsection (d) 2 and the renumbering of current subsection (d) as subsection (e): 3 (d) The Franchisee ' shall provide A/B switches to subscribers Pursuant to the 4 guidelines established by the FCC. 5 SECTION 15: Access Channel Service is deleted. 6 SECTION 16: Maintenance and Customer Service is amended by the deletion of the 7 current subsection (f), and the addition of the following subsection (f): 8 (f) Maintain a cu 3tomer service office in each of the following Municipalities: 9 Arlington Heights, Mount Prospect, Park Rldge, Schaumburg, and Streamwood. Subscribers 10 may use any customer service office listed above for payment and adjustment of bills, 11 complaints and requests fir repairs or other transactions. The Mount Prospect office shall 12 maintain daytime and limited evening hours which shall include, at a minimum, ten hours a 13 day Monday through Friday and nine hours on Saturday. 14 This Section is further amended by the addition of the following subsection: 15 (h) Abide by the Customer Serving standards as outlined in Section 6.607.G of the 16 Cable Communications Code as amended from time to time comply with local, state and 17 federal laws. 18 SECTION 17: Public access Channel is amended by deletion of the current subsection 19 (a) and the substitution of the following subsection: 20 (a) The Franchisee shall provide at least one (1) public access channel for use by the 21 public of which the public access channel shall be operated by the Franchisee with 22 applicable rules and regulations of all local, State, and Federal agencies having jurisdiction. 23 The Franchisee shall provide studio and production facilities and personnel necessary for the 24 use of the public access .,-hannels by the public as described in Section 20 and 21, infra. 25 The Franchisee shall acti\ely seek out persons and groups to provide programming on this 26 channel and shall allocate a reasonable percentage of its gross revenues for the on-going 27 operation of the channel (especially for the: provision of production assistance and education 28 and training programs to encourage members of the public to utilize this channel in new and 29 innovative ways). In the event of any conflict concerning the intent of any specifications 30 herein for operation of a Public Access Channel, the reasonable determination of the Village 31 shall be final and binding. 32 This Section is further amended by the deletion of subsection (b)(3) and the substitution of 33 the following language: 34 (b)(3) The Franchisee shall keep a public file available at its local office of all requests 35. it receives for the use of the public access channel and for the transmission of programming 36 on the public access charnel, including the names and addresses of those making such 37 requests. Such files shall be available for public inspection during normal business hours. 38 The files shall be maintained by the Franchisee until the end of the Franchise term . 10 1 This Section is further amended by the addition of the following subsections: 2 (c) Access programming produced outside of the system may be shown in this 3 system, providing, 1) programs produced in this system get first priority, 2) the programming 4 is of interest to the community, and 3) the programming is sponsored by a local resident. 5 SECTION 18: Services to the Municipality is amended by the substitution of "One service 6 outlet activated for Basic Service on the Subscriber Network at each Municipal Facility" for 7 the current first sentence in subsection (a). 8 This Section is further amended by the deletion of language "whether located inside or 9 outside of from subsection (a) and replacing that language with the word "in". 10 This Section is further amended by acceptance of an updated list of Municipal Facilities as 11 listed in EXHIBIT A of the Franchise Agreement. 12 This Section is further amended by the deletion of the language in subsection (c) and the 13 substitution of the following subsection: 14 (c) One channel, designated as the local government channel, for the exclusive 15 programming use of the Municipality. Such channel shall be available to subscribers as part 16 of the universal tier or any Basic Service package on the Subscriber Network. Franchisee 17 shall provide a computer to program visual messages and announcements and a modulator 18 to inject programming into the cable communication system and/or Institutional Network from 19 the Communications Division or other location(s) as designated by the Municipality. 20 This Section is further amended by the addition of the following subsection: 21 (g) In addition to any service outlets required by this section, the Franchisee shall 22 provide a single service outlet activated for all subscriber programming services, unless 23 restricted by programming contracts, offered by the Franchisee over its System at (the 24 appropriate Municipal Office so as to allow the Municipality to monitor the quality and 25 adequacy of the Franchisee's service. 26 SECTION 19: Services to Educational and Other Institutions subsection (2) is amended 27 by the substitution of an updated list of public, parochial, and private schools as well as all 28 Libraries and Park Districts so long as it is not used for commercial gain. 29 This section is further amended by the deletion of subsection (c) and the substitution of the 30 following: 31 (c) Eight Access channels shall be available for the exclusive programming use of 32 designated institutions, except as provided in paragraph (e) of this section. The Municipality 33 shall determine the channel allocations for such designated institutions. Such channels shall 34 be available on the Subscriber Network as part of the Basic Service Package and on the 35 Institutional Network if so designated by the Municipality as long as it does not result in a 36 requirement for increased channel capacity. 37 This Section is further amended by the addition of the following subsections: 11 1 (h) The Franchisee shall designate one employee to be responsible for coordinating 2 the use and maintenance of the Institutional Network, in addition to production assistance 3 outlined in Section 20 hereto. The Franchisee shall provide each institution connected to the 4 Institutional Network with the employee's name and telephone number. 5 (i) The Franchisee shall maintain tt a Institutional Network in good working order and 6 repair at all times and shall ensure that; it meets the technical performance standards 7 prescribed pursuant to Section 9 hereof. Within ninety (90) days of a reasonable request for s use by the Municipality, tl�e Franchisee will activate and perform any necessary installation 9 needed to utilize any portion of the INET, as required by the Cable Communications Code. 10 Q) Any withdrawal an the letter of credit, performance bond, or any penalties imposed 11 shall be done pursuant to the provisions outlined in the Cable Communications Code. 12 SECTION 20: Program and Production Assistance is amended by the deletion of 13 subsection (a) and the su Dstitution of the following: 14 Franchisee shall provide free consulting services on planning, productions, and program 15 format for the use of publ c, educational, governmental, and institutional channels. 16 (a) To provide such consultation and training assistance, the Franchisee shall 17 employ sufficient staff to provide satisfactory levels of assistance. All programming staff 1s shall be sufficiently qualified with either an educational background or similar experience in 19 television production. The staff shall include at a minimum, a Programming Manager to 20 oversee the operation of all programming and production, a Studio Engineer to provide 21 technical and maintenance assistance as required at the regional production studios and for 22 the mobile vans, and two (2) professional production staff members for each operating 23 access studio scheduled in a way to ensure that assistance is equally available at all 24 locations. The production staff members shall be capable of providing the following services: 25 (1) Promo -.e the general use of the public, educational, governmental, 26 institutional and le:ssed channels and to advise such users on programming and 27 production matters 28 (2) Promote and facilitate the effective and efficient use of access facilities and 29 to provide programming consulting and training services. 30 (3) Teach access workshops, to operate and maintain access facilities and to assist 31 access users in the development, production and promotion of access programs. 32 (4) Maintain access facilities in good working order . 33 (5) To schedule and facilitate playback of access programs on their respective 34 channels or on the system -wide public access channel. 35 The Franchisee and Municipality shall meet on an annual basis to discuss the levels of 36 staffing and equipment. Sufficient levels shall be based upon the current needs of the public 37 access system as agreed upon at the annual review. In the event there is not agreement 38 on staffing and equipment, the Municipality shall hold a public hearing and will solicit written ON 1 comments to make determination. 2 This Section is further amended by deleting Section (b)1. and substituting the following 3 language: 4 (b)1. The Franchisee shall hold workshops at each production studio not less than 5 twice a year with the first two levels of basic production workshops to be held not less than 6 twice a year in each of the three operating divisions with scheduling staggered to ensure the 7 availability of a level one or two workshop throughout the year. These workshops shall be 8 for the instruction of studio, field production, and remote truck, but shall not be limited to 9 these topics. The Mount Prospect studio will be used for advanced training of access users. 10 Eligible users will be those who have completed at least the first two levels of training and 11 who have logged at least 24 hours of studio or editing time during the past 12 month period. 12 Mobile Van training shall be held at least once a year. Announcements of the date, time and 13 place of said workshops shall be made over the public access and community affairs 14 channels no less than six times daily for a two week period prior to the workshop. In 15 addition, the Franchisee shall provide to the Municipality at least twice annually at no more 16 than six month intervals, a schedule of all workshops and training formally scheduled for the 17 coming year to be published in the Municipality's newsletters. In the event that all 18 notification procedures have been followed, and registration does not meet minimum levels 19 of; four for port-a-pak and editing, ten for studio, and five for mobile van, that workshop may 20 be canceled upon notice to the Municipalities served by the production facility scheduled for 21 said workshop. 22 SECTION 21: Production Facilities is amended by the deletion of subsection (a) and the 23 substitution of the following language: 24 (a) The Franchisee shall at all times, provide production facilities in Arlington Heights, 25 Mount Prospect, Des Plaines, Park Ridge, Schaumburg, and a production facility in the 26 Tri -Village area located in either Bartlett, Hanover Park or Streamwood. As a part of the 27 annual review process between the Municipality and the Franchisee, tape format used in 28 access facilities may be discussed. The Franchisee will maintain facilities which utilize 3/4 29 inch industrial, VHS, S -VHS, 8 millimeter, Hi -8, or other formats generally recognized as 30 common within the industry at any point in time. Playback facilities for programs produced 31 by local residents will accommodate 3/4 inch or VHS formats as a minimum. Said facilities 32 shall have both studio and editing capabilities. The facilities shall be available to residents 33 of Mount Prospect who have participated in the appropriate workshop training sessions as 34 outlined in Section 20. All studios shall be available for use by all subscribers and users 35 within the Franchisee's cable system. 36 The Franchisee will continue to upgrade access facilities to provide more advanced 37 production equipment. Based on the success and response of access users, additional 38 upgrades will be considered in subsequent years. 39 This Section is further amended by the addition of the following language to the end of the 40 current Section (f): 41 The Franchisee shall maintain a list of all equipment at each facility. Such list shall 42 be made available to the Municipality on a quarterly basis, showing any significant repairs 43 or replacements which took place during the previous quarter. Reports detailing the hours 44 of access use at each facility will also be made available to the Municipality on a monthly 13 1 basis. A list of all equipment at each faclity, and any significant repairs or replacements 2 which took place over the previous year, and the hours of access use over the previous year 3 shall be submitted to the Municipality on an annual basis in conjunction with the annual 4 review set forth in Section 20(a). 5 Any piece of equipment which fails and cannot be repaired to function in a satisfactory 6 manner, as per the manufacturer's specifications, will be replaced in a prompt fashion. 7 Equipment will remain suffi--lent in both quantity and capability to be used by all access users 8 for the production of access programs. All equipment shall be of an industrial quality and 9 equal to that which is commonly used in the industry as a minimum and subject to review to by the Municipality and the Franchisee at the annual meeting outlined in Section 20(a). 11 SECTION 22: teased Channels is amended by the addition of the following at the 12 conclusion_ of subsection 13 The Franchisee shall maintain a record of usage of the leased channels and file with 14 the Municipality copies of leases entered into for leased channel use. 15 SECTION 26: Notices is amended by numbering the current language as subsection (a) 16 and deleting the reference to Cablenet, and replacing the last listing with: 17 To the Franchisee: Telenois, Inc. 18 1201 Feehanville Drive 19 Mount Prospect, Illinois 60056 20 and: TCI Great Lakes 21 111 Pfingsten 22 Suite 400 23 Deerfield, Illinois 60015 24 This Section is further amended by adding the following subsections: 25 (b) The Franchisee shall give notice, in writing to the Municipality of any increase in 26 its rates or other charges tc subscribers at least forty-five (45) days prior to the effective date 27 of such increase specifying the amount of increase and the subscribers affected. 28 (c) The Franchisee shall give notice to all affected subscribers of the amount of any 29 increase in the rates or other charges to such subscribers at least thirty (30) days prior to the 30 effective date of such increase. Such notice need not comply with subsection (a) of this 31 Section but, instead, must be made by mail, or by bill insert to each affected subscriber. 32 SECTION 29: Franchise Renewal is amended by deleting the current Section and 33 substituting the following language: 34 (a) To the extent applicable, Section 626 of the Cable Act shall govern the 35 procedures and standards for renewal of any Franchise governed by this Franchise 36 Agreement. 37 (b) To the extent Section 626 of the Cable Act is not applicable, the Municipality 14 1 shall, subject to applicable law, have the right to grant or deny renewal pursuant to 2 any reasonable procedures and standards in the exercise of its sole discretion. 3 (c) Unless the Municipality shall consent to any lesser notice, any request for renewal 4 shall be made thirty-six (36) to thirty (30) months prior to the Franchise expiration date. Any 5 request for renewal must be in writing. If no request for renewal is made by the required 6 window, the Franchise shall expire according to its terms, provided, however, that the 7 Municipality may extend the term of the Franchise in six (6) months increments during the 8 Franchise renewal process provided in this Section, subject to applicable law. 9 (d) In any public meeting or special public hearing held pursuant to the Cable Act or 10 otherwise to consider Franchise renewal, the Municipality shall hear any interested person 11 and notice of such meeting shall be given in accordance with the Cable Communications 12 Code. 13 (e) Subject to applicable law, if the Municipality does not renew the Franchise, the 14 Municipality shall, to the extent then permitted by Municipal law, have the option to.. (1) 15 acquire at fair market value all of the assets of the Franchisee operations within the 16 Municipality which value shall exclude any value attributable to the Franchise itself; or (2) 17 require the sale at fair market value of all such assets to a succeeding Franchisee; or (3) 18 require the removal of all such assets from the Municipality. 19 This Section is subject to provisions in the Cable Act of 1984 and the 1992 Cable Act. 20 Current Section 33 is renumbered as 34. New Section 33 will be inserted as follows: 21 SECTION 33: Penalty Procedures: 22 (a) As stated in Section 31, whenever any time is set forth for any act to be 23 performed by the Franchisee, such time limit shall be deemed as of the essence, and the 24 Franchisee's repeated failure to perform within the time limit allotted shall, in all cases, be 25 sufficient grounds for the Municipality to invoke remedies available under the terms and 2'6 conditions of the Franchise Agreement, the Cable Communications Ordinance, and any 27 applicable State, Federal and local laws, as now exist, or as may be amended in the future. 28 2. EXHIBIT "A" is amended by the addition of any new facilities and updates as needed. 30 All provisions of this Modification Agreement are hereby incorporated and made a part 31 of the Franchise Agreement. 32 4. WAIVER 33 Nothing in this Modification Agreement shall be construed to change any items not 34 specifically addressed in this Agreement. Nothing in this Modification Agreement shall be 35 construed to waive the right of the Municipality, under the Cable Act, and any amendments 36 thereto, or any other applicable law, to propose any additional upgrades of the System, 15 1 including, but not limited to, expansion of channel capacity when the Franchise is considered 2 for renewal. 4 Nothing in this Modification Agreement shall be construed to affect the status of any section, 5 clause or requirement in the Franchise Agreement that may be deemed to be 6 "Grandfathered" under the Cable Act. 7 6, SEVERABILITY 8 The various provisions of this Agreement are to be considered as severable and if any part 9 or portion of this Agreement shall be held invalid by any Court of competent jurisdiction, 10 such decision shall not affect the validity of the remaining provisions of this Agreement. 11 7. CONSENT TO TRANSFER FRANCHISE TO TCI OF ILLINOIS 12 In consideration of an agreement between the municipality and TCI of Illinois for additional 13 production equipment identified in Exhibit _, the Municipality hereby consents to the 14 assignment of the Franchise herein from Telenois, Inc. to its affiliate corporation, TCI of 15 Illinois, Inc., and the release of Telenois, Inc., from any further obligations or liability 16 obligations or liability hereunder, provided, however, that TCI of Illinois, Inc. delivers to the 17 Municipality notice of the closing date of such transfer, and a written acceptance of all the 18 terms and conditions of the Franchise and this Modification Agreement. The transfer to TCI 19 of Illinois in no way releases TCI of Illinois of any obligations or violations which may have 20 existed previous to the date of this agreement. TCI of Illinois, Inc. expressly assumes 21 responsibility for all past liabilities and franchise violations incurred by or committed by 22 Telenois, Inc. TCI of Illino s, Inc. will promptly take all steps necessary to transfer any letter 23 of credit, bonds, or other securities specified in this Modification Agreement, the Franchise 24 Agreement, or the Cable Communications Code from Telenois, Inc. to TCI of Illinois, Inc. 25 The performance of all obligations, including all financial obligations under the Franchise shall 26 be guaranteed by TCI Development Corporation. Nothing in this consent to transfer or this 27 Modification Agreement shall be deemed to waive or in any way limit the right of the 28 Municipality to deny renewal, if appropriate, under Section 626 of the Cable Act, for any past 29 or future franchise violation by TCI of Illinois, Inc. or its predecessor Telenois, Inc. 30 Notwithstanding performance of the conditions of this Modification Agreement, the 31 Municipality reserves the right to determine whether such performance constitutes 32 compliance with the Franchise Agreement, including but not limited to, whether denial of 33 renewal is appropriate under Section 626 of the Cable Act. 16 1 IN WITNESS WHEREOF, the partners hereto, by their duly authorized officers or 2 officials have executed this Agreement which shall be effective as of (DATE) 3 TELENOIS, INC VILLAGE OF MOUNT PROSPECT 4 By: By: 5 Title: Attest: 17 Minutes COXXITTIZ or TUB WHOLN March 9, 1993 I Roll Call 40 The meet;,ng was called to order at 7:37 p.m. by Mayor Gerald Parley. Present at the meeting were: Trustees Mark Busse, Gorge Clowes, Timothy Corcoran, Leo Floros, Paul Hoefert, and Irvana Wilks. Also present at the meeting were: Village Manager Michael Janonis, inspection Services Director Chuck Bencic, Economic Development Director Men 'Fritz, Public Works Director Herb Weeks, Forester Sandy Clark, Assistant Director of Public Works Glen Andler, and Commission Chairman Richard Bachhuber. In addition, tour members of the media were in attendance. II Minutes of February 23, 1993 The minutes of February 23, 1993, were accepted and filed with the modifications. Trustee Corcoran made the motion and Trustee Wilks seconded. III Citisons to bac'8esr4 No citizens to be heard. IV Elevsate4 dater storage T-7Lan4$C Pi plan Mr. Weeks give an overview of the need to take down existing' landscaping to paint the elevated; water storage tank. The project is scheduled, to begin mics to hate April and finish late July.: The Wittenberg memorial plaque will, he refurbished and reinstalled'. The plans do not include water due to liability and cost. There will be provisions made for future additional lighting. Mrs. Clark described the two exhibits for landscaping. The major difference between the two plans is exhibit A has slow growing, long living Maples around the water tank. In about ten years when the tank will need to be repainted these trees will be about twenty feet which allows easy access to the tank* Plan B includes fast growing, short living C ttonv /Poplars. Theswtr4es will be about thirty feet in ten years and will be cut down: when tank, is repainted. Exhibit A has a more involved planting arrangement than plan B. The cost of Plan' A is $21,800.' If four or five Maples re addedto surround the tank,, the cost is $23,635. Plan B cost is $15,000. netters Were Mailed to inform neighbors of plans. Staff is°recommending Exhibit A and the Village Manager concurs with this recti dation Mayor Y&rley asked about salvaging any existing growth. Mr, Weeks replied" the Scotch Pine are too large to sage. Trust** Nootort asked about additional street lighting. ;hr. Weeks said that Evergreen Street needs additional illumination for the office building, and the busy intersection of Maple needs more illumination. tee *loves said he is in favor of usingg the fastest rowing'coverage 'which would be the Cottonwood/Poplar trees. Mr. Weeks pointed out that the planting beds* are different in the two plans and, the cost; to upgrade plan B's beds to plan Ass beds would be $3,$00. Mrs, Clark commented on possible, negative public reaction to cutting down healthy trees as called for in Plan B. Trustees ooroorans, Plor*s, Wilks &44 100fOct were in favor of plan A. Truswt** Busse, had no reaction due to his late arrival to meeting. Trustee 8oefert would like to see the lighting plans for the area prior to any installation. Mr. Weeks will bring plans. Consensus on Plan A. 1 Committee of the Whole Minutes March 9,'1993 the building allowance of $20,000 was a "plug" budget figure. The prices for the exterior lighting are coming in higher. If less expensive lighting is used it will defeat the effort to enhance the exterior of the building. The $20,000 would cover the cost of the exterior signage. The interior signage would be less than :$10,000. villaago Nanagor Janonis is looking for concurrence on location of exterior signs and will go out to bid for specific signage. Trustso Roofort prefers the reverse channel lighting and would like to see the pictures. Truastoe Wilks would like to see MOUNT PROSPECT on the building, and will reserve opinion 'until she sees the pictures. Trustee Cloves exprossed expressedinterest in final design of directional signs. There was general consensus among Board members to pursue the general design concept as presented. Staff will keep Board members advised as design concept is finalized.` VI 1993 Construction season Projects Village Kanagsr gave an informational overview of the extensive road construction projects planned by the State and the Village. We have contacted the businesses, schools, etc. in the area of construction, held a press conference, and produced maps and brochures for information. lie or Parle asked if the road rosurfacin Y Y q project ti dine could b4 compressed by delaying removal' until the roadway is ready, to be resurfaced. .Mr, Bencic explained that road construction, is done: in four distinctive steps. Coordination of these tour steps is'the`time consuming element. Trustee Sosfort complimented Public Works on the brochure format to inform the public. Trustee ;oefert asked why crews sometimes replace only small one foot sections of curb. Mr. Bencic stated the small curb replacements are due to deteriorated curb joint or beginning work on a curb joint rather than saw -cutting the middle of the curb. Trusts* 8oefsrt asked aboutthe variations on the modified roll curb. Mr. Bencic explained this curb is made free hand which produces variations. Trusts* Wilks asked how the twenty-four resurfacing projects compare with previous Years. Mr. Bencic stated in the past years we have had twenty-two to twenty-four'. lst year we -completed 5.1 miles and we� have six plus miles o resurfacing this ybar.. 1%*uetoo 'Wilka asked if; the project is contingent on the passage of the 1993^'94 budget. r. Bencic, concurred,. TM*t** Wilk* asked if the same resurfacing crew worked on the entire Village. Mr. Berlciic said<it depends on the work load. sometimes it is advantageous to split the curb and'paving contract. VII Cable Television systosav Discussion village ager Jannis said he was looking for direction from the y g s taken an aggressive staBoard on policy issue re ardin TCI. TCI andntec technical stand'with the cauble company,this a very, strong legal +� gVillage is stancswould commit a great deal of resources which may not be in the best interest of the Committee of the Whole: Minutes March 9, 1993 Village or the rc-1,aidents. The franchisezodificatlionwould include: W going from dual cable to singloa+cabls which reduces* tho channel* from 120 to 60, a reduction of acCats channels roe thirteen to eight, modest monthly pj:ice reduction, a $1.50 charge for the cable guide, deletion of LIifeLine option, deletion of minimum staffing in access studios, conVert;ng letter of -.redit to a bond, and discussion.of the Legal trapofix of, ownership to .TCI. Benefits to residents :include- modest pri Fuc tion td tO ide;nt, " w ve 'the Village Cain not regulate this'pricing and residents with'cable ready TVs may benefit from 'single cables technology and may no longer need a converter box. Mayor Tarlo asked about the Lifeline option for communication and health coCtiovi with residents. Mrs. Pasalic responded that this service did trot develop. ilayor Farley asked about the access channels. Mrs. Pasalic stated Mount Prospect is the only channel doing programming. A few schools, churches and the ;park district have expressed interest. Mayor, 7a411ey asked if these groups could share channels. Village M ger"' sie stated 'a sharing of channels could work in most casae and may pronote more interest. Mayor Farley feels we should convert to the singl�a cable with the caveat that we acquire the same teras as other communities. trustee Boofort agrees with Mayor Farley and asked if compressability will bring back some access channels. Mrs. Pasalic said digital compression' will probably be implemented in the next two years and will greatly increase the number of channels. -Truatee Corcoran gave credit to the Village for TC118 improvements. He supports goi,ng.to the single cable, and asked about the 'weatherchannel. Mrs. Pasalic said to got the weather channel back Fre would need to give up one access channel. Trustee 'Milks would also like to see the weather channel come back and concurs with the need to go to% they single cable format. 'Trustee Closter ;, agrees it is . time to move to the single cable and feels other groups could share access channels.: Trustees susia# and rloious support recommendations to go ,. to single cable format. Village Managwr Jannis said it will take about three to four months for residents to experience the change. Mayor Farley stated that staff is authorised to proceed with negotiations with TCI to secure at least the same favorable terms as other communities when they converted to the single cable format. VIII X&nagor+s Report Budget reviewwill be Saturday March 13 and 20 and will be held at the Senior-Center�Buildinq. This Saturday's Coffee with Council will be held during the budget hearings. IX Any other Busin Fla Trustma Wilkw said we need to formally 'communicate' with the other entities who may lose their access channels. village ager Jannis agreed. X' Ad j ouzzsint The meeting was ° aid j ourned at 51:50 p.m. speI fully submitted w ianc 'Mo , Human Services Administrator VILLAGE OF MOUNT PROSPECT PLANNING DEPARTMENT Mount Prospect, Illinois TO: MICHAEL E. JANONIS VILLAGE MANAGER FROM: DAVID M. CLEME DIRECTOR OF PLANNING DATE: JULY 19, 1993 SUBJECT: ZBA-39-A-93, REVISED ZONING ORDINANCE The Zoning :at. • of Appeals • • for consideration by •Board, their recommendationon revisions to the Zoning Ordinance. This application was filed by Village of • •Prospect,and proposes to amend Cbapter 14 of •al Code in Zoningits entirety. The •. • of Appeals considered the revised Zoning Ordinance at a public hearing • nJune ' 1 • •, • • hearing, •Director•Clements,• •. staff • begun « • • • • ordinance �, , the fall of r• •the Zoning Board of Appeals began a series • •• • ••thly workshops throughout•• • additional workshopsyear .. held in the spring of • the as :•. • of Appealsto discuss proposed •.•. , theVillage :•. • Mr. Clements then summarized the major changes and highlights of the ordinance as noted below: It is Awa► •rather .., • r :•µ • • ••' •. • •• •. % of • standard. However, certain ar • be forwarded to the Village Board conmning 4 votesnot received. Ibis wW •. • streamline•• • process for•aw requests,and provide quicker results for • • 2. Regulations for fences have been moved to the Zoning Ordinance from the Building Code. A new setback along exterior side yards has been added for fences, so fences aren't crocted close to sidewalks. (Page 18) 3. Antennas and satellite dishes are now an accessory use instead of a Special Use. This eliminates the lengthy hearing process for these generally accepted antennas. (Page 20) 4. The ordinance proposes a 3 foot separation between houses and garages, if the garage has interior fire -rated drywall. This is a change from the ament 10 foot requirement, which is frequently reduced by variations with a condition requiring the fire -rated drywall. "I"his is an example of how the text can reduce a number of more routine variations. (Page 23) Michael E. Jannis Page 2 ack • .of On •which 1 It 1 11 1 - 1 • 1 1 •. address development ..•• 1 problems • 1 narrower are 6. provisions for outdoor havebeen 'd '• tothe Ordinance- • re,cognizia the seasonal display 1 merchandise 1 • 1• in 1 e Village, and provides pudelines for ••r • • (Page • 7. Complete • 1. • 1 , includesLmned Unit Development (PUD) section have been added. T"he new se6on more spe4ficdesign features to be included with a • application,suchas utility and detention • M' architectural a PUD is 1 •landscapeplans.Also,theminimumsizeof eliminated, as it is anticipated that more in -611 development will be forthco 11 1 1the Village. (Page 33) 8. Ali zoning districts include a purpose statement, to help define their hierarchy within the • to • 1 ,alsh their specific role. The purpose statement is 1- introduction 1each district. 9. Attached three -car • 1 r •. 1 1 1 1 1 1 er than Special Uses. Y•. • w •.. M✓ garages moreof stan•. •feature with newhomeconstruction. transitional setback1 added to all commercial areas abutting residential d,,stricts. This is designed to help reduce any adverse impact of commercial development on adjoining neighborhoods. 11. A n 'zoning classification t'as been developed for downtown, and the areas along Northwest Highway, This zoning district recognizes the smaller commercial lots and Nero lot line development of theseolder areas. New parking requirements are ilso included for these areas, to allow more reasonable change of uses mrithout increasing parking. (Page 84) 12. The four -acre minimum lot isize of the industrial district has been reduced to two acres. This is similar to the lot sizes in Kensington Center for Business. (Page 92) 13. Driveway widths are regulated by lot coverage rather than a specific dimension. (Page 101) 14. The Zoning Map is revised to reflect the new zoning tM It emphasizes creating conforming uses, but it also eliminalvi a number of single lot B-4 classifications that eidst on the current zoning map. "These uses are mostly service stataons and fast-food restaurants. These arm are designated part of larger B-3 Districts on the new zoning soap, and the existing uses are made conforming by receiving Conditional Uses. Michael E. Janonis Page 3 The Zoning Board of Appeals generally discussed the revised Zoning Ordinance, and it was noted that the ordinance streamlines and updates many requirements of the current Zoning Ordinance. The Zoning Board of Appeals concurred with the proposed changes. However, Chairman Basnik and Mr. Cassidy believed that the Zoning Board of Appeals should not be final on all variation requests, or that a lesser number of dissenting votes should trigger Village Board review. These members also were concerned with eliminating the minimum PUD lot size. Comments from Zoning Board of Appeals members from the public bearing are noted in the attached minutes. Accordingly, by a " vote, the Zoning Board of Appeals recommends that the revised Zoning Ordinance be approved. DMC:hg Attachment MINU'T'ES OF THE REGULAR MEETING OF B MOUNT PROSPECT ZONING BOARD OF APPEALS ZBA CASE NO. ZBA-39-A-93, Hearing Date: June 10, 1993 PETITIONER Village of Mount Prospect SUBJECT PROPERTY: N/A PUBLICATION DATE: May 25, 1993, (Herald) REQUEST: MEMBERS PRESENT: ABSENT: OBJECTORS/INTERESTED PARTIES: To amend in its entirety Chapter 14, Zoning, of Mount Prospect Municipal Code. Gilbert Basnik, Chairman Robert Brettrager Ronald Cassidy Leo Floros Peter Lannon Elizabeth L=em Richard Pratt 3 Residents 2 Reporters Chairman - • f• ♦ • the only agendaitem ofthe evening beinga requestby 1 ViUage of Mount 1 amendChapter 14, Zoning, 1its entirety. DavidClements,Director ofPlanning,• • N • f q p♦ • 1• P f 91 • � �•• i 'f 1 ft • ,. •.�♦„••• • 1 eau •• ��•. • • f• f • • • • nr a� � ,.!�' 1 w f ♦ � • • ''n • f f • • 1 so ♦• 1'. • 1' f . • 1 11 • f 1 1 • �• 1 1 1 • 1 • 1 • • 1 • • •� � 1 • •U f `'• • �'. •r •` 1•'• -'�' ♦IwpNff • • 1 w •,' � •oae . 1. 1 1. , � Iw • II If. f♦ , . f •' 1' w• a* Mr. Clements then gave a brief history of the current Zoning Ordinance. He indicated some of the Articles date to 1%8. He huthier stated that, the current format was designed in 1979 and has been amended many umes to keep the ordmance current, however, it has created conflicts and consistencies. Mr. Cements also stated that the ordinance couldbe descn'bed as a typical suburban ordinance geared toward a growth community. This type of ordinance does not address mature communities with redevelopment as it's most common form of expansion ZBA-38=V•93 Page Z Itwasthen indicated fle t tae 1,031of the�Zoi d of staff WSSW Weamliue theregtions To a sof changes to the teat and m3p The members then proceeded to discuss the proposed ordinance on a chapter by chapter basis Mr. Cements indicated tact n Ar*ie 4 ukd$tr o 'Enformment� it stipulates that the i11 d convene baa wi� d of Appeals to review eft ive "Olt' . Item h indicates fat the Zoning d of Appeals is final on variations wheh receive fourone ring votes + i� r for Orag ' t: 'Wi ut four CO ivotes, the request will go before "he Viillage .; d for-their reviewand decision _ The members discussed this item. Chai marl Basra ini1ic ated that he has previous stated his view on this, item being the, Village,,06ard shouldtave, final,411thOtitY for variations. Appeals However, staated ; t,perh�aps a'; i tion;,could be t e l of with a unanimous vote. There are new standards for nts and team amendments: Currently re is one set of standards whileh are f �r �"� The tar, Conditional Vse is introduced. This term replaces Special Use'Permits.,The . term changeis requested as it better reflects wheat the item is and ` to indiesate that reasonable o nable din tbe applied. °Item 10, indicatt;a new standards for resubmitting a request after a denial general provisions section now incorpo rats the fegxregulatipw which was previously located in the Building Cod1e. There is,* dhange in tho emrior 1,side setback to 10 ft from the 'wrrent 1 foot ,satellite ant atim are proposed v) be accessory uses rather than special uses with e' r+sed. Introduces standards for 5011oot lots. A 3 foot setback, for prior, sideyards r 'ibis va�71 eliminate many ' i ` ns for garages M older for es P opposed. areas of the Village. Contains the swimming pool,standards from the Building Code. ther �,� . d, 'nit a m4 ,I .oma Thin section has been,rotten to res �nlarety t better r'eflt �psn to �o New requirements include landscaping, O#a and e ` eee . ZBA-38-V-93 Page 3 •' �,w • w �, •.a .,.� w ��u w w w w ,ww. • •w Www w � aw w w 1 t � 1 . w. , eau as • we�. • aw +w au c w •� aa wt�w ww wm ar an �, � ,�• w : w w� �" w • � w . aw w �a ww . ' as w, _ _ _, _W,.. .LL�.W.,� � •.�: �: ww w ww, wm w, � � •� � � � w w � as w: w•. wam w ww, w� a w "" a:r w w w.. uw ♦ aw wca w w aw �•� � w w , w � .w* w wu � w,,w,� waw •.c ar w. a wr. • w w ww� w• mw aa� ne members discvsed the revised section. Gd nik questioned if the der ait would do o. nik questioned, if a� P increase to a-typical 1�'t would not suggested t� it would M stated�t it � t � e Clements f ibVle on smi lots and Mated that he does not want to reward small lot developtIlOnt Clements indicated t a PUD on small lots ensures review by the Zi" Board of d gage Mr. Cements indicated that without the PUD, a g review l wonid be lost at staff l Mr. Cassidy discus.od the origin of the PUD Ordinance. He stated that it began in the 197Vs with a 45 acre minimum. It was then reduced to 60,000 square feet and be stated be has strong reservations in reducing it further. oBob Bre er i"cated that be doeWt number as " t. He feels the standards, � in the underly* district regulate modifications wiU, be requested " the' PUD. He further stated that on small lots, the bonus is wat en a ically impossible .or very small. Pete Lannon indkoW that the PW requires a public bearing whiich will Oe the Board a chance to review and the neighbors, a notice of possible dmlopment. The consensus of Zoning Board members was to establish no minimum PUD` lot size. This is a new district C-R Conservation Recreation- MUS tePlaCes the lues. playgrounds, ; well as Golf �* and has ri expanded to include ,Municip ul its reed c+ mp . idents . IJ that the Park Distriia has reviewed the preparvid language.. Mr. Clements then discussed the Residential Districts. , He ,indicated that attached three - car garages have been included in the permitted uses. •• w as nwiiliWii as w w , raui w • • • • aw w w w ar �aw wa w w : l • ZBA-3&V-93 Page 4 • �Rr�,: • ewe � e, ; includes cle � l� include 1?5 fLmammum vn=4 9 uxuo uusumuju attaches and a 30 � don twet", buildings - The dings•The members then d scussetd the height of 13uildings and how it is measured. Mr. Clements indicated the definitions sett how it is measured. 5 Resi, 'dence District b similar to the current ordinance with an increase ,w non-residential ldr coverage to 7'5% from the Owtut 5090. nth senior ; aen � . Cjements � ted that he hw Suggestedthle Village Attorney and the, t it is 001 �• R m. ewe � • IR. •ele • • ee • °" m • 9 R'. �,... •• 1 �I R �, � • 1A.. '. », R e�. � ' •I, a RR� R , rs NJ on � •1 R 1P'. '� R.. :� R a �.,. "JI ,•... • 1 li: ��. qty y' '� 1 11 M ® 1, �, R' .. 1 a Ne, • • � 1116 R N •' !�' e • 1 • .., it e 1 �'�� IR R 1 e r. • • � 1 .. R'.. �, �. RDS».. 1 • 1 •.... row's RR ! ... • e ��R. ur 1 e • 1 R.. • � •. I..m. 1 r � m • r • • n n r • •• +, ., •a••r • gal.. :� •'.r ,� r,•ro'� • aM • ',q,, a , :. ,...., r. r •, •wg •�Er *. r , •, r •M*, r w*w•••m w., .40,31'i • •. m• •• aw mr , ,, r �, » , r • su i w , 'pu r � r + r ', w. r i RY rory • •, r • • • w • • • •r •w ,»• to • • • r • •» " r • r • •� i, rur w : , ',� i, ` • r �' • M, ••Y�•' • i• ' reu • •,.. ,� �, r • 4p,. "� : r :' � ! ".r r � • �f� dp aur li r r r • �tlN • 1N r , , � ,', tl4 w • 4 ''..• Mql '.r�� wwr tla •�.m'r , ,..r.....• • • ,� ,* ,pqy:•. n n r y • • • r r� Page -n- Starts the O -R office Research District. The proposed is similar to the current district which was developed with Lake Center Plaza, ed Industrial is similar to the current Light � The p obt ited 1.1 Limited :w�3t use list has * n e as it in thecommercial distrix lir. Clements indicated that the performance standards are similar to those used by most municipalities EAU ft Off -Street Parking and Loading is similar to the efmting standards, All ADA Standards have been added «riv� widtim The4ognop regulates width by, lot 00000 rather tw a fig'ure related to pr4ge size. This Is PrOPOSW to bg6ttt�*W 40040 and' reduce the number of variations requestet w r ri • N�. �� a• • •i , m. ,. : *ar.». VM •,•� r••ftP w +�_+� .rrr• aG •••ei • • ••r • • •... • •i • • • • •. r« •: r a a•• r• w r • it, u• • . wr •• •• • Mr, Clements indicated that r,•, two yearsthe « , ,, •,,a• w• This concluded theoverview by i :• • • • -a up the • • t • members. r Peter Lannon questioned the language to be used on Page 8 and 12, "Action by Village Board." Mr. Clements indicated that on May 4, 1993, the Village Board adopted standards for voting. ZBA-3&V-93 Page 6 Mr. Clements recommended that the same language be used. Lannon C ; tlsst if the Village Bottrd denies a case, then the super majority woWd be not feel that the Zoning Board of Appeals should define what e super majority is. Mr. Lannon then discussed tine current ordimince; Section 14l .C` rich residents the right to petition for amendments to be; �� with a V4 �. He suggested that this language be added to the proposed o . oxmembers agreed to Ron Cassidy then b t up the lwguW, regi the Zo` Board bei final on variations. He stated that at previ work�ih , be " ,have indicated that they would pr'ef r , that i or 2 no votes,would �� Villagt d 4WOvaL' Mr. Basnik indicated- that tie feels that the Village Board is the ultimate authority. He stated,that the V� 0; w tww �w• . w ww. aw''• wr aw • w •' w w • w',wu •� .�• ww. w w ww w,� � , • ' m • ,w w . r • • �,: � a • •w w m w •• w w a• • • w w • w • w w ° :� •. , , •,• i� w . w• • qw • w •, aw• w .• w • w :: w so w • mow I •a a yam„ w •.w„ w w+•, w c wwJ.T9 41;l Toll ti- • +w w• ww • m • •w 'w . • • w • ww w •w wm • • w w w �»� w • ur ww w • w. ••.ary .. w • w �- m • w•ww•wuw •w • Upon Roll Call: AYES: Brettrager, Floros, Luxem, Lannon, Cassidy and Basnik NAYS: None The motion was approved by a vote of 6-0. This recommendation will be forwarded to the Village Board for their consideration. Respectfully submitted, loft F? y Forsythe Planner Approved: r, .V7,• ww w NM • w »ww •. MAYOR GERALD L,FQRLEY TRUSTEES GEORGE A. CLOWES TIMOTHY J� CORCORAN RICHARD N. HENDRICKS PAUL WM,HOEFERT ' 11 ag of Mount Prospect MICHAELE W. SKOWRON IRVANA K. WILKS VILLAGE MANAGER 100 South Emerson Street Mount Prospect, Illinois 80058 MICHAEL `E. JANONIS VILLAGE CLERK CAROL A,, FIELDS Phone: 708 / 392-8000 Fax: 708 / 392-8022 TDD: 708 / 392-8084 NUMB July J223, 199 THE REGULAR. MEETING OF THE BUSINESS DISTRICT DEVELOPMENT AND REDEVELOPMENT COMNUSSION (BDDRQ SCHEDULED FOR JULY 28, 1993 HAS BEEN CANCELLED. THE NEXT REGULAR MEETING WILL BE WEDNESDAY, AUGUST 25, 1993. AN AGENDA WELL BE SENT PRIOR TO THE MEETING, M MAYOR GERALD L. FARLEY TRUSTEES GEORGE X CLOWES TIMOTHY J. CORCORAN' RICHARD N. HENDRICKS PAUL WM. HOEFERT V,Jllag,e M o an t Prospect MICHAELE W. SKOWRON IRVANA K. WILKS VILLAGE MANAGER 100 South Emerson Street'' Mount Prospect, Illinois 60056 MICHAEL E, JANONIS VILLAGE CLERK CAROL A. FIELDS Phone: 708 / 392-6000 Fax; 708 / 392-6022 TDO: 708 / 392-6064 July 22, 1993 THE AUGUST Z 1993 MEETING OF THE SIGN REVIEW BOARD HAS BEEN CANCELLED. THE NEXT MEETING IS SCHEDULED FOR AUGUST 16, 1993. AN AGENDAWILL BE SENT PRIOR TO THIS MEETING. MAYOR 01 y' GERALD L, FARLEY TRUSTEES GEORGE A. CLOWES TIMOTHY J. CORCORAN RICHARD N, HENDRICKS PAUL WM HOEFERT MICHAELE W, SKOWRON I RVANA K, WILKS VILLAGE MANAGER MICHAEL E, JANONIS Village of Mount Prospect 100 South Emerson Street Mount Prospect, Illinois 60056 VILLAGE CLERK CAROL A. FIELDS Phone: 708 / 392-6000 MINUTES OF THE MOUNT PROSPECT Fax: 708 / 392-6022 TOO: 708 / 392-6064 SAFETY COMMISSION JULY 13, 1993 I CALL IO ORDER The Regular Meeting of the Mount Prospect Safety Commission was called to order at 7:40 P.M. on Monday, July 12, 1993. II ROLL CALL Present upon roll call: Joan Bjork Commissioner Art Coy Acting Chairman - Arlene Juracek Commissioner Chris Lenz Commissioner Andy Mitchell Commissioner Mel Both Public Works Fred Tennyson Engineering Del Ulreich Fire Dept Absent: Tom Daley Police Dept, Lee Beening Chairman Others in Attendance: Robert Kron,17 Audrey Lane Ed Plocharski, 401 S. Douglas Susan Ellen, 101 E. Sunset Bob Bush, 1112 Heritage Drive Chuck Litgen, 900 Whitegate III APPROVAL OF MINI.TM Andy Mitchell, seconded by Chris Lenz, moved to approve the minutes of the Regular Meeting of Safety Commission held on May 3, 1993. IV =M IQ BE HEAR Mr. Ed Plocharski from 401 S. Douglas Avenue presents to the Safety Commission a traffic problem on Lincoln Street between Douglas Avenue and Helena Avenue. Mr. Plocharski complained about vehicles travelling at excessive speeds on Lincoln Street. He also discussed possible safety problems with pedestrians walking in the road along Lincoln Street due to the lack of continuous sidewalk in the area. Mr. Ploclfarski noted that a summit exists'on Lincoln Street between Douglas Avenue and Iielena Avenue which creates a potential sight problem for drivers seeing pedestrians crossing Lincoln Street. Mr. Polcharski requested 2that the,Saf'.-ty Commission approve installing a Stop Sign at the crest of Lincoln Street or a Stop Sign on Lincoln Street at the intersection of Douglas Avenue. Art Coy questioned how the speeds of the vehicles on Lincoln Street were obtained. Mi. Plocharski indicated that the police have shown him examples of cars travelling at various, speeds, on Lincoln Street. Andy Mitchell recommended that Stop Signs be installed at Douglas Avenue, Leonard Lane, and Craig Court on Lincoln Street. This recommendation is based on the fact that Lincoln Street is a collector street and Douglas and Leonard Lane are minor residential streets that intersect Lincoln. Arlene Juracek seconded the motion. The Safety Commission voted 8-0 to approve the recommendation. No Stop Signs were recommended at this time for Lincoln Street. Art Coy requested that Fred Tennyson review the problems outlined by Mr. Plocharski on Lincoln Street to determine if Stop Signs on Lincoln Street are warranted. Mr. Tennyson will submit a report to the Safety Commission at the next meerdng. V OLD BUSINES Turning restriction on Centr2l'Road at Cathy Lane. Fred Tennyson presented to the Safety Commission the results of the traffic counts taken on Cathy Lane at Central Road. These counts were obtained during the week of May 16 - 22, 1993 and included the amount of vehicles turning left or right from Central Road onto Cathy Lane. Mr. Tennyson also indicated"that4 based on these counts No Turning restrictions are necessary at this time. Mr. Chuck Litgen '(904 Whtegate Dr) is a resident whose driveway leads out onto Cathy Lane just south of Central Road. Mr. Litgen discussed with the Safety Commission on May 3, 1993 about his concerns with the cars turning onto Cathy Lane from 'Central Road. At that meeting Mr. Litgen also expressed his concerns about the traffic crossing Central Road from the new Kimball HillDevelopment. .At this meeting, Mr. Litgen agreed with the engineering, staff that turning restrictions may :not be needed at this time. However, he is still concerned about future cross traffic from the new development: 2 The Safety Commission members discussed their concerns abut the proposed Kimball Hill improvement. Chris Lenz 'asked about the status of the project. Andy Mitchell and Chris Lenz asked what the State of Illinois Highway Department will allow as far as cross traffic restrictions on a State highway, The Commission also expressed concern about why this project was not presented to them before this time. Art Coy suggested that before the Safety Commission can recommend any action be taken to limit the cross traffic on Cathy Lane more information is needed about the new development. Art Coy would like a Village staff member or a representative from the Development be present at the next Safety Commission meeting to discuss this situation. VI NEW BUSINESS A) Traffic Flow on Audrey Lane Mr. I Robert Kron (17 S. Audrey Lane) discussed before the Safety Commission the excessive traffic volumes on Audrey Lane. Mr. Kron and his neighbors are concerned about the large number of drivers who use Audrey Lane as a cut through from Central Road to Golf Road. He discussed the possibility of closing Connie Lane at Meier Road. Mr. Kron also suggested that the Village install restrictive turn signs at Audrey Lane and Central Road. The Safety Commission recommended that the Engineering staff send a questionnaire to the residents on Audrey Lane, Connie Lane and Haden Avenue. This questionnaire would suggest that a restrictive No Right Turn sign be installed at the intersection of Meier Road and Connie Lane. These signs would restrict traffic flow in the morning (at Connie Lane and Meier Road) and in the evening (Central Road and Audrey Lane). The Safety Commission also requested that traffic counts be obtained on Audrey Lane, Connie Lane, Meier Road and Hatlen Avenue. B) Speed Reduction At Brentwood Subdivision Mr. Bob Bush, representing the Brentwood Homeowners Association discussed with the Safety Commission about lowering the speed limit in their subdivision to 25 MPH. Andy Mitchell made a motion (seconded by Chris Lenz to approve recommending to the Village Board of Trustees that the speed limit in the Brentwood Subdivision (Heritage Dr., Regency Ct., Independence Ct., Uberty Ct., and Freedom Ct.,) be reduced from 30 MPH to 25 MPH. The Safety Commission approved the recommendation 8'- 0. 3 C) Parking Resti fiction on Council Trail and School Street at Lions School. Fred Tennyson and Susan Ellen discussed the traffic problems on Council Trail and,,,, School Street at Liens School. In particular, they discussed the chaos that occurs, during the time parents drop-off and pick-up their children.. Fred Tennysc,n presented two exhibits which show the existing and proposed trade signs on Council Trail and School Street. Del Ulrech motioned (seconded by Chris Lenz) to approve recommending that the Village Board of Tm�stees adopt sign ordinances which would allow for the sign changes outlined by Mrs. Susan Ellen and Fred Tennyson. These changes include: 1) Installing 1Vo Standing, Stepping, or Parking School Days 8:00 AM to 4:00 PM, signs on the north and south side of Council. Trail between Elm Street and School Sxireet. 2) Establish a school bus 'loading/unloading zone on the north side of Council Trail, 3) Install Da Not Enter - School Days 8:45 - 9:15 AM and 2:15 PM 3:15 PM signs 'on ;school Street at Council Trail. These signs would be installed such that northbound traffic on School Street at Council Trail would be restricted. The Safety Commission voted 8 - 0 to approve these recommendations. Susan Ellen also discussed the possibility of connecting Moehling Drive to the school parking lot. This would allow parents to use the school parking lot to drop off their children. Mrs. Ellen indicated that at this time, Lions School is looking into the possibility of expanding their parking lot to allow for this connection. Igo decision has been made by the School District and at this time no request is being made to the Village. Art Coy also recommended that the Engineering staff consider installing a Stop Sign on Council Trail at. Elm Street. Stop Signs at this location would allow this.intorsection to be safer for pedestrians to cross. 4 VII ADJOURNME Having no further business the July 12, 1993 Safety Commission Meeting was adjourned at 9:40 PM. Respectfully submitted, Fr/m. 5 VILLAGE CLERK'S OFFICE MAYOR GERALD L FARLEY ALL TRUSTIES GEORGE A. CLOWES TIMOTHY J. CORCORAN RICHARD N. HENDRICKS PAUL WM. HOEFERT Village of Mount Prospect, MICHAELE W, SKOWRON IRVANA K. WILKS viLLAem MANAGER 100 South Emerson Street Mount Prospect, Illinois 60056 MICHAEL E. JANONIS VILLAGE CLERK CAROL A. FIELDS Phone: 708 392-6000 Fax; 708 / 392-6022 TOO: 708 / 392-6064 NOTICE OF MEETING CANCELLATION NOTICE IS HEREBY GIVEN THAT the regular Committee of the Whole meeting of the Prsident and Board of Trustees of the Village of Mount Prospect scheduled for Tuesday, July 13, 1993 has been cancelled. Carol A. Fields Village Clerk Dated this 9th day of July, 1993 MAYOR GERALD L. FARLEY TRUSTEES GEORGE A. CLOWES TIMOTHY J, CORCORAN RICHARD N, HENDRICKS PAUL WM. HOEFERT Village 0 Mount Prospect MICHAELE W. SKOWRON IRVANA K. WILKS VILLAGE MANAGER MICHAEL E. JANONIS 100 South Emerson Street Mount Prospect, Illinois 60056 VILLAGE CLERK CAROL A, FIELDS AGENDA Phone: 708 / 392-6000 Fax: 708 / 392-6022 SAFETY COMMISSION TOO: 708 / 392-6064 VILLAGE HALL 100 S. EMERSON STREET MOUNT PROSPECT, ILLINOIS JULY 12, 1993 7:30 P.M. CALL TO ORDER ROLL CALL APPROVAL OF MINUTES IV. CITIZENS TO BE HEARD V. OLD BUSINESS A. TURNING RESTRICTIONS ON CATHY LANE VI. NEW BUSINESS A. TRAFFIC FLOW ON AUDREY LANE STREET B. SPEED REDUCTION AT BRENTWOOD SUBDIVISION C. PARKING RESTRICTION ON COUNCIL TRAIL AND SCHOOL STREET AT LIONS SCHOOL VII. ADJOURNMENT DEFERRED PARKING ON 200 BLOCK OF LOUIS STREET ................... d.G q, ' MAYOR. GERALD L. FARLEY TRUSTEES GEORGE A. CLOWES TIMOTHY J. CORCORAN RICHARD N. HENDRICKS PAUL WM. HOEFERT MICHAELE W, SKOWRON Village of Mount Prosploct IRVANA K. WILKS VILLAGE MANAGER 100 South Emerson Street Mount Prospect, Illinois 60056 MICHAEL E. JANONIS VILLAGE CLERK CAROL A. FIELDS Phone: 708 / 392-6000 Fax: 708 / 392-6022 TDD: 708 / 392-6064 QE NDS ZONING BOARD OF APPEALS Regular Meeting Thursday, July 15, 1993 7:30 P.M. Senior Citizen Center 50 South Emerson Street d The petitioner is seeking a variation to Section 21.601 to allow a six (6) foot high fence instead of the maximum allowed five (5) foot. The Zoning Board of Appeals is final in this case. (SEENOTE) MA-M,A--U ZR&-IL%. 1. The petitioners are requesting to amend Section 14.2201.0 to allow Day Care facilities as a Special Use in I-1 Light Industrial Districts. 2. The petitioners are requesting a Special Useto allowl,a Day Care facility, as,reqwired in Section 14.2201.0. The proposed day care facility would be one eidrnnt of CEDA. Northwest at 320 South School Street. Upon completion of the public hearing,: Village Board action will be required for this case at their meeting of August 3, 1993. V h, ring Stmd The petitioners are seeking -a variation to Section 14.1102.A to'allow a front yard setback -" of 25 feet instead of the minimum rdquire,,d 30 feet to permit a second floor addition to overhang or encroach into the required front yard. The Zoning Board of Appeals is final in this case. (SEE 'NOTE)