City Council Minutes - February 28, 2007

MINUTES OF A REGULAR MEETING
CITY COUNCIL OF THE CITY OF COUNTRYSIDE, ILLINOIS
HELD IN THE COUNCIL CHAMBERS ON WEDNESDAY, FEBRUARY 28, 2007

1. After the Pledge of Allegiance to the Flag, Mayor LeGant called the meeting to order at 7:30 p.m.  City Clerk Herberts called the Roll of those physically present as follows:

PRESENT: Mayor Carl LeGant, Aldermen Robert Conrad, Wayne Straza, Karen Michalczyk, John Von Drasek, Michael Smetana, Robert Pondelicek

ALSO PRESENT: City Clerk Herberts, City Treasurer Stoffels,  City Attorney Erik Peck, City Admin. Bailey, Police Chief Swanson ,  City Engineer Fitzgerald,  CDD Onderdonk,  ESDA Coord. Norman,  Chrm. PC/ZBA Fullmer, Police/Fire Bd. Meb. Welch, Deputy Clerk Bartelt

OMNIBUS  AGENDA

2. Approval of Minutes of  February 14, 2007.

3. Statement of Bills for the period ending February 28, 2007:  $194,075.13.

4. Application for a general business license from FAST ACTION TRUCKING, INC., 29 W. Plainfield Road. Type: Office. Applicant: Milan Iricanin.

5. Application for a special use to hold the Association Detectives and Security Agency Conference at the Holiday Inn on February 23-24, 2007.

6. Membership:  Illinois Public Employer Labor Relations Association – Administrator - $190.

7. Application for a special use from Jewel/Osco to erect a temporary greenhouse for bedding plants and flowers from 4-1 thru 6-24-07.

8. Application for a general business license from PETALS N THINGS, 6634 Joliet Road #8. Type: Florist. Applicant: Michael Pawlowski. (formerly Ivy’s Florist)

9. FINANCIAL STATEMENT – January 31, 2007.

10. Ald. Conrad moved to approve the Omnibus Agenda as presented, seconded by Ald. Michalczyk and carried unanimously.

ADDITIONS TO AND/OR DELETIONS FROM THE AGENDA

11. Two Additions to the Agenda made by Ald. Von Drasek and Ald. Conrad.

QUESTIONS AND/OR COMMENTS FROM THE AUDIENCE

12. Resident John Burton, 5717 Peck, stated that his neighbor is running a landscaping/snow removal business from his home; he notified the City six months ago but no action has been taken. He has photos of the offending vehicles.  Mr. Onderdonk will notify Mr. Hudson of the problem so that action can be taken.

13. Resident Kathy Gorniak, 9600  56^th  St. lives behind Pierce Equipment and wants the City to clean up the area, including Community Car Care, which is storing equipment for Pierce. She asked that no leniency be given to either business.  Kathy Henneman, 9612  56^th St. reiterated the same issue about both businesses.  She was advised that this matter will be addressed later in this meeting.

MAYOR’S  REPORT

14. Confirmation of Reappointment of Richard Stoffels to the Flagg Creek Golf Course Administrative Board.  Ald. Smetana moved to approve the reappointment, seconded by Ald. Straza and carried unanimously.

TREASURER’S  REPORT

15.  Treasurer Stoffels stated that a new $5 million CD has been opened but the interest rate which was listed as 4.11% was incorrect.  The correct figure should be 5.63% interest. The City will be reimbursed for the difference by check.

COMMITTEE  REPORTS

16. FINANCE COMMITTEE – TREASURER STOFFELS, CHAIRMAN, presented recommendations from the committee meeting of February 15, 2007. The 2006 Audit has been reviewed and approved.  Ald. Smetana moved to approve the 2006 Audit as presented, seconded by Ald. Von Drasek and carried unanimously.

17. Treasurer Stoffels presented the request for donation to the American Cancer Society in the amount of $500.00.  Ald. Straza moved to approve the donation, seconded by Ald. Pondelicek and carried unanimously.

18. Treasurer Stoffels presented the request for donation to the Gurrie PTO Fund-raiser on March 9, 2007 in the amount of $150.   Ald. Pondelicek moved to approve the donation, seconded by Ald.  Von Drasek and carried unanimously.

19. RECREATION COMMITTEE – ALDERMAN CONRAD, CHAIRMAN, presented recommendations from the committee meeting held last night.  No action taken on Concert in the Parks, proposed events for 2007-08 and annual Christmas Party. These items are tabled to 3-14-07.

20. Ald. Conrad  sought Council approval to accept a proposal from FGM Architects to assess all City parks to determine deficiencies and make recommendations. They will prepare a final report indicating their findings; total cost for the conceptual assessment is $13,000.  Ald. Conrad moved to approve the proposal, seconded by Ald.  Straza and carried by unanimous voice vote.

21. Ald. Conrad sought Council approval for the request of Gateway Special Recreation Association to use Countryside Park for Special Olympic Events April 17 through July 17, 2007. He asked that Carl Rodey be involved in these events; Chief Swanson stated that he has been involved in the past. Ald. Conrad moved to approve the request, seconded by Ald.  Von Drasek and carried unanimously.

22. Ald. Conrad sought Council approval for using Countryside Park for a wedding ceremony at no charge but with a release from IRMA on Saturday, July 7, 2007. Ald. Conrad moved to approve the request, seconded by Ald.  Pondelicek and carried unanimously.  Ald. Conrad said the Recreation Committee would revisit the question of charging for park use if the requests became numerous.

23. Ald. Conrad stated that the annual Easter Egg Hunt will take place on Saturday, April 7, 2007.  The cost to hire an Easter Bunny is $90. Ald. Conrad moved to approve the expense, seconded by Ald. Von Drasek and carried unanimously.

24. Ald. Conrad stated that Board members have received the revised and updated Open Space Master Plan for the Parks presented by FGM Architects.  Ald. Conrad moved to adopt the Master Plan as presented, seconded by Ald. Straza and carried unanimously.

25. Ald. Conrad, Ald. Von Drasek and Ald. Smetana met with the Aging Well Group; Ald. Von Drasek stated that the training session for the Car Fit program will be  Friday, April 13 from 9 am to 12 noon; He asked for use of the City parking lot on that date; the Police Department will provide assistance.

26. Ald. Conrad advised the audience that former Alderman Steve Butkovich passed away recently as did former Police Chief Ken Wolf.  ESDA Coordinator Norman and his staff represented the City in paying respect to both individuals.

27. Ald. Conrad stated that the Police Pension Board met last night; they are short one member.  Ald. Conrad moved to remove Alice Filinovich as a representative of the Police Pension Board seconded by Ald. Pondelicek and carried unanimously.

28. Ald. Conrad moved to appoint Treasurer Richard Stoffels as a member of the Police Pension Board, seconded by Ald. Von Drasek and carried unanimously.

29. Ald. Straza stated that the City received a letter from the WCMC regarding their annual breakfast held on March 10, 2007 from 9-11 a.m. at Triton College @ $25/ person. A number of Aldermen have attended in the past; usually 10 people per table. Ald. Straza moved to purchase one table at a cost of $250; if not enough Aldermen attend, he would invite local dignitaries as City guests, seconded by Ald. Conrad and carried unanimously

30. Ald. Von Drasek provided further details regarding the Aging Well meeting held on Monday.  There will be an “Ask the Doctor” session here on March 22, 2007 from 1-2:30 p.m.  Dr. Ahmed, a geriatric specialist will be present to answer questions. They also discussed a pilot program called Student Chore Service for Senior Citizens. Ald. Von Drasek spoke to the School Superintendent at Ideal Middle School; they are very interested in helping seniors with jobs such as raking leaves, etc.

31. Ald. Von Drasek stated that Pleasantdale Middle School is completing its addition and seeking donations for memorial bricks ranging from $50 to $400.  He requested purchasing a brick using Drug Forfeiture Funds, same as for the elementary school. Chief Swanson agreed.

32. Ald. Smetana added that the Aging Well meeting is gaining additional support from local churches.   Ald. Smetana asked Mr. Bailey to set up an Infrastructure Comm. Meeting possibly in conjunction with the Recreation Committee on March 14, 2007.

LEGAL  REPORT

33. City Attorney Erik Peck advised that the GPD Group representing Long John Silvers, 10050 W. 55^th St., has requested withdrawal of their application for rezoning of said property from R-1 to B-1.  At the hearing in October, the PC/ZBA recommended to deny the request.  The application was subsequently withdrawn, however, since a  hearing did take place and a recommendation made, a Council vote is in order. Ald. Smetana moved to concur with the recommendation of the PC/ZBA, seconded by Ald. Conrad and carried by unanimous Roll Call vote.

34. Attorney Peck presented the PC/ZBA recommendation to consider a variance to Section 10-6C-1 to allow outdoor sales and storage at 9685 W. 55^th St. to the applicant, Daniel Pierce, dba Pierce Equipment.  At the hearing on February 6, 2007 Mr. Pierce appeared before the PC/ZBA; testimony failed to establish the conditions required for such a variance as set forth in City Code. At the hearing there were several objections from residents in the audience with regard to granting the variance. The PC/ZBA recommendation is to deny the request for variance.  Ald. Smetana moved to concur with the recommendation, seconded by Ald. Conrad.  Attorney Dan Walker appeared on behalf of Mr. Pierce and Pierce Equipment.  He reiterated the history of the case. The original citation was issued in October 2006; a response was filed in December; a Hearing for special use was held on February 6, 2007 and denied. Mr. Pierce has leased an 11,000 s.f. warehouse beginning May 1, 2007 at 5546 Dansher Road. 

35. Ald. Von Drasek stated that Mr. Hudson of the Building Department has provided a schedule for removal of all materials - the time line to be strictly enforced. The first stage (30 days) is to clear the 40 parking spaces and to remove material on the front, east and west sides of the building.   The second stage (60 days) is for substantial compliance to clear the rear of the property and to provide a 15-foot path for fire safety reasons.  The third stage (90 days) is the expectation of no outdoor displays after hours like others were granted; all materials need to be brought indoors at the close of business each day.  Mr. Pierce stated that there has never been a fire lane around the back of the building.  Council agreed to no fire lane back in 2001. He purchased the property in 1984-1985.  He has tried to move some inventory since the first citation.  Residents vehemently argued against any leniency granted to the business.  They are tired of living with the gross violations they are witnessing on a daily basis.  Motion to deny any consideration carried by unanimous Roll Call vote.  

36. Attorney Peck presented the recommendation of the PC/ZBA to consider a variance to Section 10-6C-1 to allow a paint booth as an accessory use at 5640 LaGrange Road. The business license for Paint Solutions was approved on December 13, 2006. Mr. Beck paid over $12,000 before moving onto the premises and prior to learning that a zoning variation was required. He is under a contract to purchase the property that is set to expire tomorrow; so time is of the essence.  Jeffrey Beck appeared at the hearing held on February 6, 2007; testimony failed to establish the conditions required for such a variance as set forth in the City Code. The PCZBA denied the request for variance. There were no objections noted at the hearing.  Mr. Beck described elements of the business and they offered to put an agreement in writing as to the range of services provided; cars come in at 9 a.m. and are gone by noon; they are closed Saturdays/Sundays. They requested returning before the PC/ZBA.  

37. Ald. Smetana moved to allow the zoning variation with the stipulation that they will not become a full-fledged body shop, seconded by Ald. Pondelicek and denied by Roll Call vote  – 2/4.

AYES: Smetana, Pondelicek

NAYS: Michalczyk, Straza, Conrad, Von Drasek

38. After further discussion, Ald. Michalczyk moved to concur with the PC/ZBA recommendation, seconded by Ald. Conrad and carried by Roll Call vote – 5/1.  

AYES: Michalczyk, Straza, Conrad, Von Drasek, Smetana

NAYS: Pondelicek

ADMINISTRATOR’S  REPORT – none                     

STAFF REPORTS

Police Chief Swanson thanked everyone for supporting the DARE  fundraising basketball game; they raised $4,000 last night.

ADJOURNMENT

There being no further business to discuss, Ald. Conrad moved to adjourn the meeting, seconded by Ald. Michalczyk and carried unanimously.

Mayor LeGant declared the meeting adjourned at 9:02 p.m.

SHIRLEY C. HERBERTS,  CITY CLERK

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