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City Council Minutes - December 12, 2007

MINUTES OF A REGULAR MEETING
CITY COUNCIL OF THE CITY OF COUNTRYSIDE, ILLINOIS
HELD IN THE COUNCIL CHAMBERS ON WEDNESDAY, DECEMBER 12, 2007

1. After the Pledge of Allegiance to the Flag, 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, ESDA Coord. Norman,  Chrm. Fullmer

OMNIBUS  AGENDA

2. Approval of Minutes of  November 14 and November 28, 2007.

3. Statement of Bills for the period ending November 28, 2007:  $244,583.38; and December 12, 2007: $229, 749.91.

4. Application for a general business license for VK-RePlay, Inc., 10711  5th Ave. Unit 304. Type:  Home Office.  Applicant: Vladimir Kostik.

5. Application for a general business license from SALON ON 55th, 921B W. 55th St. Type:  Hair Salon. Applicant:  Susan Nolan (formerly Cheveaux).

6. Application for a general business license for J & J Partnership, 5901 S. LaGrange Road. Type:  Business office.  Applicant: John Weinberger.

7. Application for a general business license for REMEMBRANCE FLORAL, 1025 W. 55th St. Type: Wholesale Floral. Applicant: William James (in Hallowell & James).

8. Application for a general business license for LaPetite Ecole, 5800 Longview Drive. Type:  Home office. Applicant: Maryse Jerich.

9. Application for a general business license for Neuport Sales & Promotions, 10250 5th Avenue Cutoff. Type: Home office. Applicant: Gina Ballauler.

10. From Misericordia requesting permission to solicit on April 25-26, 2008 at various locations within the City.

11. From the Girl Scouts USA requesting permission to solicit on January 4-6, 2008 and January 11-13, 2008 at various locations within the City.

12. Application for a general business license for SILK FOR ALL SEASONS, 921 W. 55th St. Type:  Gallery and Studio. Applicant:  Karen Snow.

13. Membership:   WCMC Metro Mayors Caucus dues – Legislative - $209.69.

14. Ald. Von Drasek added one item to the Omnibus Agenda – application for a general business license for Peter Shannon & Company, 6412 Joliet Road, an accounting firm.  Ald. Von Drasek moved to approve the Omnibus Agenda with that addition, seconded by Ald. McDermott and carried unanimously.

ADDITIONS TO AND/OR DELETIONS FROM THE AGENDA

15. Additions to the Agenda were noted by Mayor Conrad and Ald. Michalczyk.

QUESTIONS AND/OR COMMENTS FROM THE AUDIENCE – none

MAYOR’S  REPORT

16. Mayor Conrad noted the presentation by TENG & Associates of a revised preliminary concept plan for the landscaping and enhancement (ITEP) of LaGrange Road.  Messrs. Morris, Murphy and Stern discussed the revisions made after getting feedback from Council at the last meeting.  Mr. Murphy, landscape architect, discussed the blending of two proposals thereby creating a transition zone or conceptual buffer between the pedestrian area and LaGrange Road.  Streetscape elements are repeated throughout the corridor to provide a sense of continuity. They repeat the pylon gateway markers and decorative walls with brick paver plazas between the intersections of  57th, 58th and 59th Streets, with low maintenance landscape beds behind the walls and adding street trees.  Aerial views of the intersections showed all the elements anchored at each corner of the intersection.   Pylon markers are 12 feet tall with the ability to display street names on one panel; also to incorporate a steel die cut Countryside logo within another panel and the ability to utilize LED lighting within the frame.  He showed before and after photos of various intersections. The wall could be curvilinear or brick with a limestone cap. A 3,000 linear foot walkway or bike path five feet wide would cost an additional $100,000.  Replacing ten cobra heads with ornamental lighting and side arm (for banner poles) would add $200,000.  Pedestrian lighting for 12 poles would cost $120,000; to paint the existing 12 poles and add new brackets totals $18,000, which is within the grant amount; that concludes the presentation.

17. Mayor Conrad was pleased with the revised concept; Council members gave general approval and especially liked the metal die cut logo idea in the lighted pylon markers. Council approved the flat level surface wall rather than the undulating type. Council is satisfied with the changes made and congratulated TENG on doing a terrific job. Ald. Michalczyk suggested replacing the ten Cobra lights They will work on getting IDOT approval of the drawings in line with the grant at the conceptual level. TENG will work with Mr. Bailey for feedback. The Mayor thanked them for the fine job.

18. Appointments to Ideal School Playground Joint Planning Committee. Mayor Conrad appointed Ald. Pondelicek, Ald. Von Drasek, Administrator Bailey and Asst. Administrator Peterson to the Ad Hoc Committee, which will remain in effect until the end of the project.   Ald. Michalczyk moved to approve forming the new committee, seconded by Ald. McDermott and carried unanimously.

19. Mayor Conrad discussed notification to the City by the Village of McCook that water rates are increasing effective 1-1-08 by 15%; on 1-1-09 by 15%; and 1-1-10 by 14%. New water rates charged by the Village of McCook will be: $2.26/1000gal on 1-1-08;  $2.55/1000 gal  on 1-1-09;  $2.86/1000gal on 1-1-10.  He requested that this increase be passed onto the City’s contract customers, Indian Head Park and LaGrange Highlands. Ald. Straza moved to approve the water rate increase and pass it on to the City’s contract customers, seconded by Ald. Von Drasek and carried by unanimous Roll Call vote – 6/0.

Clerk Sweeney declared that this will be known as ORDINANCE 07-44-O.

COMMITTEE  REPORTS

20. FINANCE COMMITTEE – TREASURER JASINSKI, CHAIRMAN, requested acceptance of the Annual Audit and Management Letter by Sikich.  There were two comments in the management letter. Ald. Von Drasek moved to accept the Annual Audit and Management Letter as presented, seconded by Ald. Michalczyk and carried unanimously.

21. Treasurer Jasinski presented  the recommendation on the License Agreement for FMHC Corporation (Cricket Communications) to install equipment at the water tower. The Finance Committee has requested that the annual license fee be paid up front each year rather than monthly.  Ald. Michalczyk moved to approve annual payment, seconded by Ald. Pondelicek and carried unanimously.

22. Treasurer Jasinski presented the recommendation on the Contractual Agreement with Serafin & Associates for two years at a cost of $10,000 per month.  The Council has until January 31, 2008 to propose individual concepts to Serafin.  Ald. Straza moved to approve the recommendation, seconded by Ald. Michalczyk and carried unanimously.

23. Treasurer Jasinski sought approval of the October 31, 2007 Financial Statement, a summary of which was presented at the last committee meeting.  Ald. McDermott moved to approve, seconded by Ald. Smetana and carried unanimously.

24. RECREATION COMMITTEE – ALDERMAN VON DRASEK, CHAIRMAN, sought special recognition for the Playschool Staff including Linda Hubacek, Loretta Malec and Carol Belieff. Playschool will resume at the Hope Lutheran Church in January; the City thanks the dedicated Playschool staff for their work over the years. A letter will be sent to all parents involved in Playschool.  Mayor Conrad thanked Ald. Von Drasek, Mr. Bailey and Lyons Twp. Supv. Pat Rogers and his staff for their invaluable assistance.

25. HUMAN RESOURCES COMMITTEE – ALDERMAN PONDELICEK CHAIRMAN, presented the recommendation for an amendment to the Nonunion Employee Pay Plan. Ald. Michalczyk moved to approve the amendment, seconded by Ald. Von Drasek and carried by unanimous voice vote.

26. INFRASTRUCTURE COMMITTEE – ALDERMAN SMETANA, CHAIRMAN, presented recommendations from the committee meeting held earlier this evening. The committee discussed amending Policy #16 re: permanent structures in the parkway.  Rather than amending the policy, the committee decided to eliminate that policy and provide a clarifying ordinance that will address these structures.  Mr. Peck will prepare the ordinance and present it to Council.

27. Ald. Smetana stated the committee discussed the engineer’s recommendation re: the Police Speed Study on 57th and 58th Streets as it pertains to speed HUMPS– which are six feet graduated rises in each direction; speed bumps are illegal. It was determined that it is more cost-effective to install speed humps when the above streets require re-paving.  A decision will be made at that time.

28. Ald. Smetana – discussion regarding Standing Committees that were not approved per Ordinance. Certain committees will be restructured, deleting some, adding some, changing membership on others. That matter will be continued to the next committee meeting for further discussion.

29. Ald. Smetana discussed alternate driveway apron replacement policy – in the past when parkway work was done and a driveway apron removed, the City replaced it. Some residents did not like the piecemeal appearance and wanted the entire driveway done. The committee will discuss an alternate policy wherein the City will reimburse the resident for the cost of the apron and the resident would then be able to apply the City payment toward complete replacement of the driveway.  

30. Ald. Smetana presented the recommendation to approve a R.O.W. Ordinance – Mr. Peck will address that matter in his portion of the agenda.

30A. All Aldermen and Mayor Conrad took turns wishing all residents and those present - A VERY MERRY CHRISTMAS AND A HAPPY NEW YEAR!

LEGAL  REPORT

31. City Attorney Peck presented the PC/ZBA recommendation to approve the creation of a PUD, with variances  and special uses at 5555 Brainard. On December 4, 2007 Inland Commercial Property Mgmt. (Salem Square) appeared before the PC/ZBA; after hearing the testimony and evidence presented, it was determined that the petitioner did meet all the requirements for the PUD. Conditions attached to the recommendation include: all construction be in compliance with Petitioner’s Group Exhibit A in evidence, comprised of the site plan, drainage plan, landscape plan, elevations and impact fee inlieu of retail development. Mr. Onderdonk noted that the developer has agreed to include a non-retail fee in lieu of sales tax. Staff used businesses in the Countryside Plaza to develop a “parallel case” comparison; the proposal is for  twenty cents per month per square foot that would apply to the non-retail uses in the shopping center, not just the two outlot buildings.  Mr. Murphey on behalf of Inland, agreed to the proposal for the entire project, not just the two outlots and will modify the draft accordingly.  Mr. Fitzgerald noted that storm water detention is proposed for 76.7% of the site; currently there is none; also final engineering must be approved for the turnaround radius for outlot #1. Ald. McDermott moved to concur with the recommendation of the PC/ZBA  subject to the above conditions, impact fee and final engineering approval, seconded by Ald. Von Drasek carried by unanimous Roll Call vote.

Clerk Sweeney declared that this will be known as ORDINANCE 07-45-O.

32. Attorney Peck presented the PC/ZBA recommendation to allow for specific standards and criteria for a mixed-use PUD at 6404-6406 Joliet Road from IFF and Lyons Twp. Attorney Peck stated that a request has been made to continue this matter to the City Council meeting of January 23, 2008.  Mayor Conrad described some details of the project; certain issues must be addressed; he believes this will be a great project. They need to tweak variances and return with a revised plan.  Ald. McDermott moved to continue the matter to the January 23 meeting, seconded by Ald. Von Drasek and carried unanimously.

33. Attorney Peck presented the draft ordinance abating the Tax Levy on the GO bonds, Series 2006 for bond principal and interest due in the amount of $385,533.76. Ald. McDermott moved to adopt the ordinance abating the Tax Levy on the Series 2006 GO bonds, seconded by Ald. Pondelicek and carried unanimously.

Clerk Sweeney declared that this will be known as ORDINANCE 07-46-O.    

34. Attorney Peck presented the draft ordinance abating the Tax Levy on the GO bonds, Series 2000 for bond principal and interest due in the amount of $539,118.76. Ald.  Smetana moved to adopt the ordinance abating the Tax Levy on the Series 2000 GO bonds, seconded by Ald. Von Drasek and carried unanimously.

Clerk Sweeney declared that this will be known as ORDINANCE 07-47-O.    

35. Attorney Peck presented the draft ordinance re: R.O.W. construction and use of public ways and fees policy recommended by the Illinois Municipal League.  Ald. Smetana moved to adopt the ordinance as presented, seconded by Ald. Von Drasek and carried unanimously.

Clerk Sweeney declared that this will be known as ORDINANCE 07-48-O.

36. Attorney Peck presented the draft ordinance declaring surplus property for donation to a charitable organization, in this case Playschool items retained by the City and donated to the Hope Lutheran Church. Ald. Von Drasek moved to adopt the  ordinance, seconded by Ald.  McDermott and carried unanimously.

Clerk Sweeney declared that this will be known as ORDINANCE 07-49-O.

37. Attorney Peck presented the draft ordinance amending Section 7-6-4 Billing and Collection Procedures to read “rendered monthly to both commercial and residential users” – rather than bimonthly.  Ald. Smetana moved to adopt the ordinance as presented, seconded by Ald. Von Drasek and carried unanimously.

Clerk Sweeney declared that this will be known as ORDINANCE 07-50-O.

38. Attorney Peck presented the draft ordinance adding Section 7-8-21 Cable and Video Customer Protection Law, recommended by the Illinois Municipal League. There is a state statute in place and the City is adopting that statute; the monetary penalty is $750 for each day of the breach not to exceed  $25,000 for each occurrence per customer. The providers will be informed. Ald. Smetana moved to adopt the ordinance as presented, seconded by Ald. Straza and carried unanimously.

Clerk Sweeney declared that this will be known as ORDINANCE 07-51-O.

39. Attorney Peck presented the draft ordinance adding Section 7-8-20 – Cable/ Video Service Provider Fees and PEG Access Support Fee – this ordinance provides for a 5% fee in accordance with state statutes.  Ald. Smetana moved to adopt the ordinance as presented, seconded by Ald. Von Drasek and carried unanimously.

Clerk Sweeney declared that this will be known as ORDINANCE 07-52.O.

ADMINISTRATOR’S  REPORT

40. City Administrator Bailey presented engineer’s pay estimate #6 and final for the 2007 Water Main Replacement to Gerardi Sewer & Water Co. in the amount of $112,500.81. Ald. Straza moved to approve payment, seconded by Ald. Von Drasek and carried unanimously.

41. Mr. Bailey sought Council approval for draft policies concerning Installation of Funeral Bunting, Observance of Illness or Death, U.S. Flag Display, and Employee Holiday Gift Policy.  Ald. Smetana moved to approve the policies as presented, seconded by Ald. Von Drasek and carried unanimously.

42. Mr. Bailey presented invoice #1 from TENG & Assoc. re: landscaping and enhancement plan for the ITEP LaGrange Road project in the amount of $19,975.73.  Ald. Michalczyk moved to approve payment, seconded by Ald. Smetana and carried unanimously.

43. Mr. Bailey presented invoice #2 from TENG & Assoc. contractors for ITEP LaGrange Road landscaping/enhancement project in the amount of $5,992.28.  Ald. Smetana moved to approve payment, seconded by Ald. Pondelicek and carried unanimously.

44. Mr. Bailey sought Council authorization to contract for Phase II environmental services for the property at 5745 LaGrange Road (firehouse) for an amount not to exceed $10,000. Ald. McDermott moved to approve payment, seconded by Ald. Von Drasek and carried unanimously.

45. Mr. Bailey presented pay estimate #1 to the Kenneth Company for the Woodland Ridge/ Brancatto Park Improvement in the amount of $4,690.80.  Ald. Michalczyk moved to approve payment, seconded by Ald. Von Drasek and carried unanimously. Ald. Von Drasek drove by the area and noted an exposed ditch. Police Chief Swanson stated that the ditch will be secured.

46. Mr. Bailey presented pay estimate #2 to the Kenneth Company for the Woodland Ridge/Brancatto Park Improvements in the amount of $68,177.34. Ald. Smetana moved to approve payment, seconded by Ald. Pondelicek and carried unanimously.

47. Mr. Bailey presented FGM Architects’ invoice for professional services at 61st & Kensington in the amount of $2,850. Ald. Smetana moved to approve payment, seconded by Ald. Pondelicek and carried unanimously.

48. Mr. Bailey presented FGM Architects’ invoice for professional services  for park improvements in the amount of $2,793.68. Ald. Straza moved to approve payment, seconded by Ald. Smetana and carried unanimously.

ADJOURNMENT

49. There being no further business to discuss, Ald Von Drasek moved     to adjourn to Executive Session under Section 2Ac of the Open Meetings Act for the purpose of discussing land acquisition, seconded by Ald. McDermott and carried by unanimous Roll Call vote.

Mayor Conrad declared the meeting adjourned at  8:53 p.m.

SHARON SWEENEY, CITY CLERK

 

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