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03/21/1977MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DES PLAINES, HELD IN THE COUNCIL CHAMBERS, CIVIC CENTER, MONDAY, March 21, 1977 CALL TO ORDER: The regular meeting of the City Council of the City of Des Plaines was .called to order by Acting Mayor Charles J. Bolek at 8:05 P.M. in the Council Chambers, Des Plaines Civic Center. 11 ROLL CALL: 111 1 1 Roll Call indicated the following aldermen present: Koplos, Szabo, Sullivan, Olen, Leer, Brannigan, Kisslinger, Birchfield, Erbach, Kraves, Sarlo, Meyer, Abrams, Ward, Absent was Alderman Seitz Also present were: City Comptroller Blietz, Assistant Commissioner of Public Works Schaeffer, Assistant Engineer Perl, Director of Zoning and Planning Richardson, Acting Building Commissioner Trost, Fire Chief Corey, Police Chief Hintz, Environmental Officer Lindahl, and City Attorney Hug. PRAYER & The meeting opened with the Lord's Prayer, followed by the PLEDGE Pledge of Allegiance to the flag. MINUTES: BOND AWARD Amount $ 55,000 85,000 85,000 85,000 80,000 80,000 105,000 105,000 105,000 Moved by Birchfield, seconded by Sarlo, to approve the Minutes of the regular meeting held March 7, 1977, as published. Motion declared carried. Mr. Benjamin of Benjamin & Lang reported that bids were opened this morning in the offices of Benjamin & Lang for the sale of $2,020,000 Corporate Purpose Refunding Bonds. Five bids were received, representing 19 banks and investment firms. He stated that they have tallied the bids and find that the bid of The Northern Trust Company, Chicago, Illinois and associates, representing a net interest cost to the City of 4.9665% is the best bid. Moved by Koplos, seconded by Sarlo, to approve this bid and authorize and direct the Mayor and City Clerk to execute the bid forms, retaining the $40,400 good faith check pending delivery of the bonds, checks of the unsuccessful bidders having been returned to them this morning, bd1d of Northern Trust Company and associates for the following interest rates and net interest cost: Gross Maturity 1978 @ 1979 @ 1980 @ 1981 @ 1982 @ 1983 @ 1984 @ 1985 @ 1986 @ Interest rate Amount 5.30% $130,000 5.30% 130,000 5.30% 130,000 5.30% 150,000 5.30% -100,000 5.30% 200,000 5.25% 200,000 5.00% 195,000 4.60% dollar interest cost Less Premium Net dollar interest cost Net interest cost Maturity Interest rate 1987 @ 4.70% 1988 @ 4.75% 1989 @ 4.90% 1990 @ 5.00% 1991 @ 5.00% 1992 @ 5.00% 1993 @ 5.00% 1994 @ 5.00% $1,045,971.23 1,069.00 1,044,902.23 4.96665% Upon roll call, the vote was: AYES: - 15 - Koplos, Szabo, Sullivan, Olen, Leer, Brannigan Kisslinger, Birchfield, Erbach, Kraves, Sarlo, Meyer, Abrams, Ward, Bolek NAYS: 0 - None ABSENT: 1 - Seitz Motion declared carried. f0' 3/21/77 Page Two 134 BOND Moved by Leer, seconded by Meyer, that the proposal of PRINTING Security -Columbian Banknote Company to print our bonds at a cost of $545.00 be accepted and that Mr. Edward Benjamin direct the said Company to proceed with the printing. Upon roll call, the vote was: AYES: - 15 - Koplos, Szabo, Sullivan, Olen, Leer, Brannigan, Kisslinger, Birchfield, Erbach, Kraves, Sarlo, Meyer, Abrams, Ward, Bolek NAYS: 0 - None ABSENT: 1 - Seitz Motion declared carried. SUSPEND Moved by Sarlo, seconded by Leer, to suspend the rules of RULES procedure and place on passage, waiving First Reading, ORDINANCE Ordinance M-9-77, AN ORDINANCE PROVIDING FOR BORROWING M-9-77 MONEY AND ISSUING $2,020,000 CORPORATE PURPOSE REFUNDING $2,020,000 BONDS OF THE CITY OF DES PLAINES, COOK COUNTY, ILLINOIS, Bonds AND PROVIDING FOR THE LEVY AND COLLECTION OF A DIRECT ANNUAL TAX FOR THE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON SAID BONDS. Motion declared carried. Alderman Seitz arrived at this time. Moved by Meyer, seconded by Leer, to adopt Ordinance M-9-77. Upon roll call, the vote was: AYES: - 16 - Koplos, Szabo, Sullivan, Olen, Leer, Brannigan, Kisslinger, Birchfield, Erbach, Kraves, Sarlo, Meyer, Seitz, Abrams, Ward, Bolek NAYS: 0 - None ABSENT: 0 - None Motion declared carried. BILLS Moved by Kisslinger, seconded by Birchfield, to adopt the PAYABLE following resolution: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DES PLAINES THAT THE FOLLOWING BILLS ARE DUE AND PAYABLE AND THAT THE MAYOR AND CITY CLERK BE AND ARE HEREBY AUTHORIZED TO MAKE PAYMENT FOR SAME: Total, $500,780.94. Upon roll call, the vote was: AYES: - 16 - Koplos, Szabo, Sullivan, Olen, Leer, Brannigan, Kisslinger, Birchfield, Erbach, Kraves, Sarlo, Meyer, Seitz, Abrams, Ward, Bolek NAYS: 0 - None ABSENT: 0 - None Motion declared carried. ZONING CASE Moved by Erbach, seconded by Ward, to adopt the recommendation 77-5-V of Municipal Development Committee to concur with Zoning Bellaire Ct. Board of Appeals in Case 77-5-V, Bellaire Court, and authorize City Attorney to draft necessary ordinance for further consideration. Motion declared carried. Alderman Koplos abstained from voting as his mother was previous owner of subject property and Alderman Abrams abstained from voting as he represented owner of property. SZCZESNY'S Moved by Erbach, seconded by Ward, to table motion to THIRD ADD'N adopt recommendation of Municipal Development Committee TO PLEASANT to approve Plat of Szczesny's Third Addition to Pleasant LANE Lane until action is received from owner. Motion declared carried. AUTOMOBILE Moved by Erbach, seconded by Leer, to adopt the recommendation MAINTENANCE of Police and Finance Committee to award the contract for Automobile Maintenance to the low bidder, Petterson Safety Service, at the hourly rate of $9.00 per hour with parts sold to the City at 15% above bidder's cost. Upon roll call, the vote was: AYES: - 16 - Koplos, Szabo, Sullivan, Olen, Leer, Brannigan, Kisslinger, Birchfield, Erbach, Kraves, Sarlo, Meyer, Seitz, Abrams, Ward, Bolek NAYS: 0 - None ABSENT: 0 - None Motion declared carried. 3/21/77 Page Three 135 SIDEWALK Moved by Ward, seconded by Sarlo, to adopt the recommendation 50/50 of Streets and Traffic Committee to award the contract for RECONSTRUCTION Sidewalk 50/50 Reconstruction Sidewalk 1977 to the low bidder, 1977 D'Addosio Cement in the amount of $39,720.25, returning checks of unsuccessful bidders. Upon roll call, the vote was: AYES: - 16 - Koplos, Szabo, Sullivan, Olen, Leer, Brannigan, Kisslinger, Birchfield, Erbach, Kraves, Sarlo, Meyer, Seitz, Abrams, Ward, Bolek NAYS: 0 - None ABSENT: 0 - None Motion declared carried. PUBLIC WORKS EQUIPMENT Sweeper & Loader PUBLIC WORKS EQUIPMENT Dump Trucks Moved by Ward, seconded by Sarlo, to adopt the recommendation of Streets and Traffic Committee to award the bid for Pickup Sweeper and Loader to Bruce Municipal Equipment Co. in the amount of $34,977.00 net. Upon roll call, the vote was: AYES: - 16 - Kopl®s, Szabo, Sullivan, Olen, Leer, Brannigan, Kisslinger, Birchfield, Erbach, Kraves, Sarlo, Meyer, Seitz, Abrams, Ward, Bolek NAYS: 0 - None ABSENT: 0 - None Motion declared carried. Moved by Ward, seconded by Birchfield, to adopt the recommenda- tion of Streets and Traffic Committee to award the bid for Three Dump Trucks to the low bidder, First Ford, Inc., in the amount of $76,860.00 Net. Upon roll call, the vote was: AYES: - 16 - Koplos, Szabo, Sullivan, Olen, Leer, Brannigan, Kisslinger, Birchfield, Erbach, Kraves, Sarlo, Meyer, Seitz, Abrams, Ward, Bolek NAYS: 0 - None ABSENT: 0 - None Motion declared carried. IIMFT 93 -TD -CS Moved by Ward, seconded by Olen, to adopt the recommendation Nortran of Streets and Traffic Committee to adopt a resolution appropriating $3,084.00 MFT Funds, 93 -TD -CS for the City of Des Plaines participation in North Suburban Mass Transit District. Upon roll call, the vote was: AYES: - 16 - Koplos, Szabo, Sullivan, Olen, Leer, Brannigan, Kisslinger, Birchfield, Erbach, Kraves, Sarlo, Meyer, Seitz, Abrams, Ward, Bolek NAYS: 0 - None ABSENT: 0 - None Motion declared carried. MFT Moved by Ward, seconded by Kraves, to adopt the recommendation 71 -00095 -03 -CG of Streets and Traffic Committee to adopt a resolution NE Corner appropriating $466.35 supplemental MFT Funds for the Prairie & demolition of property at the NE Corner of Prairie and Pearson Pearson, MFT 71 -00095 -03 -CG. Upon roll call, the vote was: AYES: - 16 - Koplos, Szabo, Sullivan, Olen, Leer, Brannigan, Kisslinger, Birchfield, Erbach, Kraves, Sarlo, Meyer, Seitz, Abrams, Ward, Bolek NAYS: 0 - None ABSENT: 0 - None Motion declared carried. IFOUR-WAY STOP SIGN Riverview & Orchard Moved by Ward, seconded by Sarlo, to adopt the recommendation of Streets and Traffic Committee to install four way stop signs at the intersection of Riverview and Orchard Streets, City Attorney to draft necessary ordinance. Motion declared carried. MFT STREET Moved by Ward, seconded by Koplos, to adopt the recommendation Maintenance of Streets and Traffic Committee to adopt a resolution appropriating $275,000.00 MFT Funds for the 1977 Street Maintenance Program. Upon roll call, the vote was: AYES: - 16 - Koplos, Szabo, Sullivan, Olen, Leer, Brannigan, Kisslinger, Birchfield, Erbach, Kraves, Sarlo, Meyer, Seitz, Abrams, Ward, Bolek NAYS: 0 - None i ABSENT: 0 - None /1 Motion declared carried. 3/21/77 Page Four 136 LIQUOR Moved by Kisslinger, seconded by Sullivan, to adopt the LICENSE recommendation of License and Inspection Committee, to Far East grant liquor license Class E to owners of Far East Restaurant, Restaurant Northwest Highway, City Attorney to draft necessary ordinance. Upon roll call, requested by Alderman Meyer, the vote was: AYES: - 12 - Szabo, Sullivan, Olen, Leer, Brannigan, Kisslinger, Birchfield, Erbach, Kraves, Seitz, Ward, Bolek NAYS: 4 - Koplos, Sarlo, Meyer, Abrams ABSENT: 0 - None Motion declared carried. HERBERT H. Alderman Leer, Chairman, Building Grounds and Parking Lots BEHREL Committee reported that Alderman Olen, Koplos, Szabo, and PARKING himself met with F&D Inc. and H. W. Lochner, Inc. and PLAZA North States Construction Co. at the Herbert H. Behrel Parking Plaza this morning. He read the following letters which he requested become part of the record. From Mr. Sandor Ferenczi, H. W. Lochner, Inc. as follows: "It has come to our attention that some controversy has developed around the City's newly built elevated parking structure. Comments have been made regarding deflection of the helix -type ramps and general structural quality. We have reviewed our structural calculations and on March 16, 1977 inspected the referenced project. We found that the design calculations are in strict accordance with the applicable codes. The carrying capacity of the ramps is in excess of all requirements. The present and the antici- pated future deflection of the ramp slab is below the allowable limit. The bottom of the slab is offset at the ramp expansion joint. This may appear as a differential deflection. This detail is in agreement with Section 8 on Drawing S-3 which indicates a difference in elevation of the bottom slab. We find that the entire parking structure is Structurally in excellent condition. We are confident that the parking structure will give an excellent performance through the years. The structure is structurally safe and sound. We are very proud to have been the design engineers of the parking structure. Please advise us if we can be of any further help regarding the structure." From Mr. Hank Falstad, President of F & D Inc: as follows: "This letter is in response to the comments and questions regarding the "Herbert H. Behrel Parking Plaza". Please be advised that the parking plaza was constructed by North States Construction Company in accordance with the plans and specifications prepared by H. W. Lochner, Inc. Consulting Engineers. The concrete parking structure is performing in a normal manner for a structure of this type. There seems to be some confusion regarding how a concrete structure will respond to differences in air temperature, design and loading. There are expansion joints designed and built between each reinforced concrete helix -type ramp and the post -tensioned concrete parking deck, and also in the center of the post -tensioned parking deck between column lines 13 and 14. Movement at these expansion joints is considered normal and is to be expected. We are very pleased and proud to be the professional construction consultants on the "Herbert H. Behrel Parking Plaza". Following considerable discussion, it was moved by Olen, seconded by Kraves, that the City hire an independent structural engineer to review the Herbert H. Behrel Parking Plaza, Qrasg MchSfaiod� �g4g $300 and should Alderman Olen have been in error in his judgment, Alderman Olen will pay the cost of such structural engineer. Upon roll call the vote was: AYES: - 12 - Koplos, Szabo, Olen, Brannigan, Birchfield, Erbach, Kraves, Meyer, Seitz, Abrams, Ward, Bolek NAYS: - 4 - Sullivan, Leer, Kisslinger, Sarlo ABSENT: 0 - None Motion declared carried. HERBERT H. BEHREL PARKING PLAZA 3/21/77 Page Five 137 The hiring of a structural engineer to review the Herbert H. Behrel Parking Plaza for alleged structural defects was referred to Buildings Grounds and Parking Lots Committee for selection of said engineer. PEARSON-PRAIRIE Moved by Leer, seconded by Szabo, to adopt the recommendation PARKING LOT of Buildings, Grounds and Parking Lots Committee to advertise for bids returnable April 13, 1977 at 3 P.M. for the construction of the Pearson -Prairie Shopper Parking Lot. Motion declared carried. SUIT Beta - Algonquin Corp. POSTING OF GASOLINE PRICES BETTING PARLORS CITY COUNCIL COMMITTEE STRUCTURE PUBLIC WORKS EQUIPMENT IIPick Up Trucks ORDINANCE M-6-77 Liquor Parking Buildings N.O.I.S.E SENIOR DENTAL CLINIC Moved by Abrams, seconded by Meyer, to adopt the recommendation of City Code and Judiciary Committee to authorize City Attorney to defend the City in the Beta -Algonquin Recapture Agreement suit. Motion declared carried. Moved by Abrams, seconded by Meyer, to adopt the recommendation of City Code and Judiciary Committee to authorize City Attorney to draft necessary ordinance requiring owners of gasoline service stations to post the pump price for gasoline. Motion declared carried. Alderman Abrams reported that the State Legislature is considering legislation banning Betting Parlors and that City Code and Judiciary Committee will await outcome; however, the City will continue to retain the moratorium. Moved by Abrams, seconded by Meyer, to adopt the recommendation of City Code and Judiciary Committee that no change be made in the City Council Committee structure. Motion declared carried. Moved by Meyer, seconded by Kraves, to adopt the recommendation of Beautification and Forestry, Water and Sewer, and Buildings Grounds and Parking Lots Committee to award the bid for Ten Pick Up Trucks to the low bidder, Pontiac GMC Truck Center, Inc. for the amount of $49,471.24 Net. Upon roll call, the vote was: AYES: - 16 - Koplos, Szabo, Sullivan, Olen, Leer, Brannigan, Kisslinger, Birchfield, Erbach, Kraves, Sarlo, Meyer, Seitz, Abrams, Ward, Bolek NAYS: 0 - None ABSENT: 0 - None Motion declared carried. Moved by Leer, seconded by Seitz, to adopt Ordinance M-6-77, AN ORDINANCE AMENDING SECTION 1-7-19 OF THE CITY CODE HAVING TO DO WITH RENTAL OF CITY BUILDINGS BY AUTHORIZING SALE OF LIQUOR IN PARKING BUILDINGS AND DELETING OUTDATED WORDING. Upon roll call, the vote was: AYES: - 15 - Koplos, Szabo, Sullivan, Leer, Brannigan, Kisslinger, Birchfield, Erbach, Kraves, Sarlo, Meyer, Seitz, Abrams, Ward, Bolek NAYS: 1 - Olen ABSENT: 0 - None Motion declared carried. Moved by Kisslinger, seconded by Erbach, to reconsider the motion having to do with authorizing Environmental Officer Lindahl and Alderman Abrams to attend hearings in connection with NOISE organization, as well as meetings whenever necessary. Motion declared lost. Alderman Sullivan, Chairman of Health and Welfare Committee, reported that said committee reviewed Letter of Intent relative to developing a Senior Dental Clinic, along with Senior Citizens Advisory Council and with minor revisions to budget proposed, gave acceptance of said letter to Senior Citizens Advisory Council. ORDINANCE Z-8-77 1372 Redeker ORDINANCE Z-9-77 300-353 N. River Rd. ORDINANCE Z-10-77 1779 Rand Rd. ORDINANCE M-8-77 Environ- mental Control Commission CETA NIPC SUBDIVISIONS ZONING CASE 77-8-V 1372 Redeker ZONING CASE 77-9-A 3/21/77 138 Page Six Moved by Koplos, seconded by Erbach, to waive First Reading and place on passage Ordinance Z-8-77, AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF DES PLAINES, ILLINOIS. CASE NO. 77-3-R., property located at 1372 Redeker Rd. Motion declared carried. Moved by Koplos, seconded by Meyer to adopt Ordinance Z-8-77. Upon roll call, the vote was: AYES: - 16 - Koplos, Szabo, Sullivan, Olen, Leer, Brannigan, Kisslinger, Birchfield, Erbach, Kraves, Sarlo, Meyer, Seitz, Abrams, Ward, Bolek NAYS: - 0 - None ABSENT: 0 - None Motion declared carried. Placed on First Reading was Ordinance Z-9-77, AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF DES PLAINES, ILLINOIS, CASE NO. 77-2-R, property located at 300-353 N. River Road. Placed on First Reading was Ordinance Z-10-77, AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF DES PLAINES, ILLINOIS, CASE NO. 77-4-R, property located at 1779 Rand Rd. Moved by Meyer, seconded by Seitz, to waive First Reading and place on passage Ordinance M-8-77, AN ORDINANCE AMENDING CHAPTER 17 OF TITLE II OF THE CITY CODE HAVING TO DO WITH THE ENVIRONMENTAL CONTROL COMMISSION BY ADDING THERETO A NEW SECTION 2-17-4 HAVING TO DO WITH THE GRANTING OF A LEAVE OF ABSENCE AND INTERIM APPOINTMENT. Motion declared carried. Moved by Meyer, seconded by Seitz to adopt Ordinance M-8-77. Upon roll call, the vote was: AYES: - 16 - Koplos, Szabo, Sullivan, Olen, Leer, Brannigan, Kisslinger, Birchfield, Erbach, Kraves, Sarlo, Meyer, Seitz, Abrams, Ward, Bolek NAYS: 0 - None ABSENT: 0 - None Motion declared carried. Letter from Mayor Bolek re Comprehensive Employment and Training Act was referred to City Code and Judiciary Committee. Letter from Northeastern Illinois Planning Commission re appropriation for dues was referred to City Code and JUDiciary and Municipal Development Committee. Plats of Subdivision and letters of recommendation from the Plan Commission for the following were referred to Municipal Development Committee: Thompson's Resubdivision, 1626 Lunt Avenue David F. Cahill Subdivision, N.E. Corner Wolf and Oakton Cornell's Subdivision, 506-28 Cornell Lane Susie Ann Resubdivision, 2221 Douglas Avenue Sidney L. Port's First Des Plaines Subdivision, 1600-30 Touhy Die -Craft Metal Products, Inc., 2480-2500 South Wolf Rd. Letter from Zoning Board of Appeals re Case 77-8-V, 1372 Redeker Rd. was referred to Municipal Development Committee. Letter from Zoning Board of Appeals Re Case 77-9-A, Revising Zoning Ordinance was referred to Municipal Development Committee. ADV. BIDS Notification by Clerk that bids for Tractor Loader would be received on April 7, 1977, at 3 P.M. COOK CO. ZONING DOCKET #2896 City Attorney was authorized to attend hearing on Cook Co. Zoning Docket #2896, property located on the north side of Central Road at the northeast corner of Dearlove Road and Central Road. CHILD Letter from Dr. Ferraiolo re a child identification tag IDENTIFICATION and implementation of program was referred to Health and PROGRAM Welfare Committee. 1 1 1 SELF- SERVICE GAS STATIONS LEFT -TURN SIGNALS Mt. Prospect & Golf CENTER LANE ARROW GOLF RD. PORNOGRAPHY ADJOURNMENT: 3/21/77 139 Page Seven Legal Opinion from City Attorney re legal status of self- service gasoline stations was referred to City Code and Judiciary Committee. ie? ev S Ald. Se's request for left turn signals at intersection of Mt. Prospect Road and Golf Road was referred to City Engineer for traffic count and request to IDOT. Alderman Seitz's requesi.t that traffic traveling west on Golf Road south of C & NW railroad tracks be allowed to make left turn onto Wolf Road from center lane was referred to City Engineer for contact with IDOT. Moved by Kraves, seconded by Sarlo, to adopt a resolution urging the Illinois Legislature to adopt legislation re obscenity and public pornography and to U. S. Senators urging more restrictive legislation in the area of child pornography. Motion declared carried. Moved by Szabo, seconded by Seitz, that the regu ar meeting of the City Council adjourn. Motio declared c--rried. Bertha Eleanor Rohrba , City Clerk APPROVED BY ME THIS OF A Y-,./ , 1977 CHARLES BOLEK, ACTING MAYOR