City Council Minutes - November 14, 2007

MINUTES OF A REGULAR MEETING
CITY COUNCIL OF THE CITY OF COUNTRYSIDE, ILLINOIS
HELD IN THE COUNCIL CHAMBERS ON WEDNESDAY, NOVEMBER 14, 2007

1. Mayor Conrad introduced Samir Shah and his parents, to lead us in reciting the Pledge of Allegiance to the Flag.  Samir is a Freshman at LT working towards his Eagle Scout Badge. The Mayor presented him with the City pin and congratulated him on his accomplishment. Mayor Conrad called the meeting to order at 7:30 p.m.  City Clerk Sweeney called the Roll of those physically present as follows:

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

ALSO PRESENT: City Clerk Sweeney, City Treasurer Jasinski,  City Attorney Erik Peck, City Admin. Bailey, Police Chief Swanson ,  City Engineer Fitzgerald,  CDD Onderdonk, Fin, Dir. Paul, ESDA Coord. Norman

OMNIBUS  AGENDA

2. Approval of Minutes:  October 24, 2007.

3. Statement of Bills for the period ending November 14, 2007: $391,974,32,

4. Application for a general business license for Worldwide Wireless, 5530 LaGrange Road. Type: Sprint Store.  Applicant: Lamar Patterson (new owner)

5. Application for a special use license to Suburban Collectors Club to hold a Collectibles Show called Supex’07 at Local #150 Union Hall, 6200 Joliet Road on November 23-24, 2007.

6. Application for a general business license from Remembrance Floral, 1025 W. 55^th St. Type:  Wholesale Florist. Applicant: William James.

7. Membership:  Illinois Municipal League – Legislative - $543.

8. Application for a general business license for Bobko Dzign, Inc., 9670 W. 57^th St. Type:  Home office. Applicant:  Tom Bobko.

9. Ald. Von Drasek moved to approve the Omnibus Agenda as presented, seconded by Ald. Straza and carried unanimously.

ADDITIONS TO AND/OR DELETIONS FROM THE AGENDA – none

QUESTIONS AND/OR COMMENTS FROM THE AUDIENCE

10. Penny  O’Neill, 10251 – 5^th Avenue Cutoff, is a representative of the LaGrange Area League of Women Voters. Their organization is asking local leaders to sign on to the U.S. Conference of Mayors Climate Protection Agreement – also referred to as  COOL CITIES -- in support of policies that reduce emissions with the goal of developing renewable energy resources. Transportation options include using municipal fleet vehicles using alternate fuels or hybrid electric technology. Her purpose is to introduce their group and this proposal to the Council.  She will leave the proposal with Mr. Bailey.

11. Frank Zickus, 7375 Prescott Lane again discussed the Wishing Well Motel property; he requests that any potential profit be shared equally by residents. The City should not be settled with a liability via congestion and municipal resources. A plan providing equal benefits to the property owners and the City is a better alternative.

MAYOR’S  REPORT

12. Consider  approval of FOP Collective Bargaining Agreement with Police Desk Officers – draft resolution attached.  These matters were discussed in Executive Session;  Mayor Conrad entertained a motion to approve the agreement. Ald. McDermott moved to approve the agreement as presented, seconded by Ald. Straza and carried by unanimous Roll Call vote –6/0.

Clerk Sweeney declared that this will be known as RESOLUTION 07-23-R.

13. Consider approval of the renewal of the Intergovernmental Agreement for the provisions of Environmental Health Inspectional Services. Mayor Conrad stated that this agreement authorizes the City to hire Cook County to do health inspections for restaurants.  Ald. Smetana moved to approve the agreement, seconded by Ald. Pondelicek.  Ald. McDermott has a conflict. As an employee of the Cook County Department of Public Health he abstained from voting. The motion carried by Roll Call vote – 5/0/1 abstention.

14. Consider approval of Christmas food girt certificates to department heads ($150) full-time employees ($100) and part-time employees ($75). Ald. Michalczyk moved to approve the payment as stated, seconded by Ald. Von Drasek and carried unanimously.

CITY CLERK’S  REPORT

15. City Clerk Sweeney recommends approving review and release of Executive Session minutes to Schedules A and B as presented.  Ald. Michalczyk moved to approve the schedules, seconded by Ald. Smetana and carried unanimously.

Clerk Sweeney declared that this will be known as RESOLUTION 07-24-R.

COMMITTEE  REPORTS

16. FINANCE COMMITTEE – TREASURER JASINSKI,  CHAIRMAN, recommended adoption of the new Purchasing Policies and Procedures Manual as revised and as discussed in the recent Finance Committee meeting. Ald. Smetana moved to adopt the recommendation, seconded by Ald. McDermott and carried by unanimous Roll Call vote – 6/0.

Clerk Sweeney declared that this will be known as RESOLUTION 07-25-R.

17. Treasurer Jasinski recommended hiring ClientFirst Consultants to perform an audit of the IT System.  Ald. Smetana moved to adopt the recommendation, seconded by Ald. Straza and carried unanimously by voice vote.

18. RECREATION COMMITTEE – ALDERMAN VON DRASEK, CHAIRMAN, reminded the audience that the City will have its first ever Tree Lighting Ceremony at Memorial Park at 6:00 p.m. on Friday, November 23, 2007.  Council members attending should be present at 5:45 p.m. Santa will arrive on a Fire Truck. Mayor Conrad suggested that the Carillon be reprogrammed to chime Holiday music during the Holiday Season.  Mr. Bailey will advise  the Public Works Department.

19. Ald. Von Drasek stated that regarding Aging Well, their first effort at leaf raking took place; 30 homes participated; there were numerous volunteers.  He will get a report from Elaine Carnel as to the entire event.

20. Mayor Conrad reiterated that he is happy to promote young people in the City  such as Samir Shah; they should be brought forward for recognition; this is the beginning of a new tradition.

LEGAL  REPORT

21. City Attorney Peck presented the PC/ZBA recommendation to consider a PUD at property commonly known as 6305 Brainard Avenue.  A hearing was held on August 7, 2007; at that time having heard the testimony and evidence presented, the PC/ZBA recommended to deny the special use request. Subsequent to discussions held  with the developer and his attorney, it is their intent to seek a commercial tenant or commercial purchaser for that property.  Ald. Michalczyk moved to concur with the PC/ZBA recommendation to deny the special use, seconded by Ald. Von Drasek and carried by unanimous Roll Call vote – 6/0.

22. Attorney Philip Fornaro on behalf of the developer of 6305 Brainard Avenue, stated there is a limitation  related to the time a PUD is filed and once it is denied. Mr. Peck stated that is correct; he suggested if  Council acts on this recommendation tonight perhaps special consideration could be made so that in the future, rather than waiting a year, which is the requirement for a special use that’s been denied,  Council could give special consideration  to permit them to return before the PC/ZBA should they be unable to sell the property to a commercial buyer or a commercial tenant.  Ald. Michalczyk moved to allow the developers to reapply, seconded by Ald. Straza and carried by unanimous voice vote.

23. Attorney Peck presented a draft recommendation increasing the penalty for late business registration. The prior ordinance did not take into account registration of businesses, for those businesses that cannot be licensed by the City. This draft ordinance will keep consistent the $25 registration fee or the $25 penalty should they not register in a timely fashion.  Ald. Von Drasek moved to adopt the Ordinance as presented, seconded by Ald. Michalczyk and carried by Roll Call vote – 6/0.

Clerk Sweeney declared that this will be known as ORDINANCE 07-39-O.

24. Attorney Peck presented a draft resolution authorizing the submittal of the Subrecipient  Agreement for the 2007 CDBG program. Mr. Onderdonk addressed Council re: the Community Development Block Grant program in which the City applied to the County and has received notice that it will receive $35,000 to be matched by $5,000 from the City of Countryside. Before you is the actual agreement with Cook County which will allow the City to implement handicap improvements – tactile strips – at the end of the sidewalk; ramping will be involved. This Resolution authorizes the City Administrator to execute any and all documents necessary for accepting the grant money. Ald. Pondelicek moved to approve the Resolution as presented, seconded by Ald. Michalczyk and carried unanimously.

Clerk Sweeney declared that this will be known as RESOLUTION 07-26-R.

25. Attorney Peck presented the PC/ZBA recommendation on the application of the Flagg Creek Golf Course.  On November 6, 2007 a hearing was held on the variance to permit construction  of a 30-square-foot electronic message board and construction of a free-standing pole sign of 87.6 square feet upon property commonly known as 6939 Wolf Road in Countryside, IL.  Having heard all the testimony and evidence provided, it was the recommendation of the PC/ZBA to allow the variation for the sign with the following conditions: the base is reduced to 7 feet in width instead of a 14-foot base as depicted in Petitioner’s Exhibit A, and the message board is to have monochrome lettering and only two lines of text; all else to be in substantial conformity with Petitioner’s Exhibit A, which is a rendering of the proposed sign.  The PC/ZBA recommended approval of the sign variations.  Ald. Michalczyk moved to concur with the PC/ZBA recommendation, seconded by Ald. Von Drasek and carried by unanimous Roll Call vote – 6/0.

Clerk Sweeney declared that this will be known as ORDINANCE 07-40-O.

26. Attorney Peck  presented the PC/ZBA recommendation  to consider a revised fee structure for matters heard by the Plan Commission/Zoning Board of Appeals hearings. On September 4, 2007 the hearing was held to consider amending the fee structure as set forth in the recommendation. The Zoning Variance would be $500; Special Use Application $500; PUD $3,000; Zoning Amendment Application $500; Zoning Interpretation/Appeal $500; Resubdivision or Consolidation of lots $500; Variation requested after commencement of construction $2,500.  Ald. Von Drasek moved to concur with the recommendation, seconded by Ald. McDermott and carried by unanimous Roll Call vote – 6/0.

Clerk Sweeney declared that this will be known as ORDINANCE O7-41-O.

27. Attorney Peck presented the recommendation on the AT&T Lightspeed project pertaining to landscaping around  AT&T electrical boxes. Mr. Bailey noted that Council has discussed this matter previously.  AT&T will either install new or expand existing control boxes in the parkway. The option was for AT&T to landscape around the boxes.  The proposed agreement would provide $1,500 per box for landscaping; the City would be responsible for getting the landscaping completed.  Mr. Bailey proposes hiring a landscape architect to decide on the appropriate plantings; they cannot be within three feet of the structure.  The City Council prefers that the City take control of this matter.  Ald. Michalczyk moved to concur with the recommendation, seconded by Ald. Straza and carried unanimously.

28. Attorney Peck presented the draft ordinance permitting placement of a stop sign on the northeast corner of the intersection of  61^st Street and Kensington. This is a recommendation from the Police Chief.  Chief Swanson stated that there presently is a two-way stop sign at the location; a three-way stop sign would provide greater safety. Ald. Straza moved to adopt the ordinance as presented, seconded by Ald. McDermott and carried by unanimous Roll Call vote – 6/0.

Clerk Sweeney declared that this will be known as ORDINANCE 07-42-O.

29. The final item is the draft ordinance with regard to R.O.W. construction control and fees. Mr. Peck is still drafting the ordinance; this will be carried over to the next Council meeting.

ADMINISTRATOR’S  REPORT

30. City Administrator Bailey sought approval of a formal contract with Omicron for Information Technology Services.  This is a temporary agreement where the City is bridging between the previous IT provider and some final resolution.  The company is currently performing the IT duties .  Ald. Von Drasek moved to concur with the recommendation, seconded by Ald. Straza and carried by unanimous voice vote.

31. Mr. Bailey presented engineer’s pay estimate #6 and final for the 2006 Water Main Replacement in the amount of $16,502.55 to Swallow Construction.  Ald. Straza moved to approve payment, seconded by Ald. Pondelicek and carried unanimously. Ald. Straza thanked Engineer Fitzgerald, the Novotny firm and Swallow Construction for their due diligence with the entire project. Mayor Conrad echoed the sentiments.

32. Mr. Bailey presented a matter not on the agenda but presented to Council previously regarding engineer’s pay estimate #6 and final for the 2007 Water Main project to Gerardi Sewer & Water Co. in the amount of $112,500.81. If Council is willing to authorize payment tonight, the matter can be brought back for formal approval in an upcoming meeting. Ald. Straza moved to approve payment, seconded by Ald. Pondelicek and carried by unanimous voice vote.

33. Mayor Conrad noted that there will be a Special City Council Meeting this month on Wednesday, November 28, 2007 to discuss the ITEP Grant and other matters.

34. Attorney Peck noted an addendum to the Legal Report concerning the former motel property at 5631 S. LaGrange Road that the City sold to the Mazda Dealership.  Mazda seeks to purchase other property on LaGrange Road and has requested that the City repurchase that property under the same terms as Mazda purchased it.  The City has agreed. A draft real estate contract has been provided to Council; by ordinance the City can permit the repurchase of the property. The anticipated closing date is November 26, 2007 at which time Mazda will purchase the property and sell this parcel back to the City for the original purchase price of $1,500,000.  The fence issues and any other economic incentives will be separate and apart from this real estate contract.  Ald. Straza moved to approve repurchase of the property at 5631 S. LaGrange Road, seconded by Ald. Pondelicek and carried by unanimous voice vote.

Clerk Sweeney declared that this will be known as ORDINANCE 07-43.O

STAFF REPORTS

35. City Engineer Fitzgerald stated that they expect to finish pre-concept engineering plans for Fifth Avenue Cutoff by the holidays and begin the design phase in Spring with roadway construction scheduled for 2009 – concurrent with the County schedule.

36. Mr. Fitzgerald will attend a meeting with the Cook County Highway Department regarding drainage problems under the Kensington area affected by the Salem Square redevelopment.  The meeting will take place next week.

37. Mayor Conrad asked Mr. Fitzgerald if he is able to join Messrs. Peck and Hudson at 3:00 p.m. tomorrow to meet with Clocktower Pointe developers. He agreed to do so.

38. Mr. Onderdonk reminded the City Council of the Special Meeting on 11-28-07; City consultants will be presenting alternative landscape concepts for the LaGrange Streetscape funded in part by the ITEP Grant from the State Department of Transportation.  Other economic development items may be discussed as well. Mayor Conrad suggested that a courtesy letter to the Speaker and Mr. Viverito may be in order.

39. Finance Director Paul stated that the  Finance Committee will meet on Tuesday, November 27 at 6:00 p.m.

ADJOURNMENT

40. There being no further business to discuss, Ald. Straza moved to adjourn the meeting, seconded by Ald.      Von Drasek and carried by unanimous voice vote.

Mayor Conrad declared the meeting adjourned at 8:11 p.m.

SHARON SWEENEY, CITY CLERK

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