City Council Minutes - February 27, 2008

MINUTES OF A REGULAR MEETING
CITY COUNCIL OF THE CITY OF COUNTRYSIDE, ILLINOIS
HELD IN THE COUNCIL CHAMBERS ON WEDNESDAY, FEBRUARY 27, 2008

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, Fin. Dir. Paul, ZBA Member Jasinski

OMNIBUS  AGENDA

2. Approval of Minutes of  February 13, 2008.

3. Statement of Bills through February 27, 2008: $319,390.

4. Application for a general business license for AIR LIQUIDE INDUSTRIAL U.S. LP, 5220 Joliet Road.  Type:  Industrial use. Applicant: Etienne Lepoutre.

5. Application for a general business registration from REALNET OF CHICAGO, INC., 6535 Joliet Road. Type:  Real estate brokerage. Applicant: Joseph Sevcik.

6. Application for a general business license from Raheel Foods2, Inc., dba Long John Silvers, 10050 W. 55^th St. Type: Restaurant. Applicant: Syed Raheel.

7. Application for a general business registration from ORTHODONTIC CARE CENTER, 919 W. 55^th St.. Type:  Orthodontics. Applicant: Ashok Kothari.

8. Subscription:  CRAIN’S CHICAGO, Mayor – 2 yrs. - $169.90 or 1 yr.-$97.95.

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

ADDITIONS TO AND/OR DELETIONS FROM THE AGENDA

10. An addition to the Agenda was noted by Mayor Conrad.

QUESTIONS AND/OR COMMENTS FROM THE AUDIENCE

11. Danielle and  Brandon Edenfield, 10600 Stalford Road, stated their concerns regarding the proposed senior housing development at 6404-06 Joliet Road. Mayor Conrad stated that this matter will be thoroughly discussed at the upcoming PC/ZBA meeting on Tuesday, March 4, 2008. They live directly behind the proposed development and are concerned about the five-story building, rezoning and drainage issues raised by the project.  Attorney Peck stated that the PC/ZBA is an advisory body that makes recommendations to the City Council for final approval of any amended plans; tonight’s request is to refer the matter back to the PC/ZBA for rehearing.

12. Ed Pilarski, 10735 Maplewood, commended the Department of Public Works on doing an excellent job with snow plowing this entire winter season; they are doing a tremendous job in keeping our neighborhood safe.  He suggested that the City send a letter of opposition to President Stroger regarding the $40 sticker tax on residents.

CITY  CLERK’S  REPORT

13. Clerk Sweeney requested attendance for herself and the Deputy Clerk at the International Institute of Municipal Clerks in Atlanta, GA from May 18-23, 2008, at an estimated expense of $1,100 per person.   Ald. Pondelicek moved to approve the expense, seconded by Ald. Michalczyk and carried unanimously.

COMMITTEE  REPORTS

14. RECREATION COMMITTEE – ALDERMAN VON DRASEK, CHAIRMAN, sought approval to accept the contract from Great Events for the 2008 Year of Events.  Planned events include six concerts and four movies.  An extensive sponsorship package is planned; other events include the Tree lighting ceremony, Christmas party, Harvestfest, Car Show and the Easter Egg Hunt.  Ald. Michalczyk moved to approve, seconded by Ald. Smetana and carried unanimously.

15. Ald. Von Drasek sought approval to accept the agreement with the YMCA for a joint T-Ball program; Attorney Peck reviewed the contract.  Ald. Smetana moved to approve the joint T-Ball program with the YMCA, seconded by Ald. Straza and carried unanimously.

16. Ald. Von Drasek sought approval for accepting the Gateway Special Recreation Association revised articles and by-laws.  Ald. Smetana moved to approve, seconded by Ald. McDermott and carried unanimously.

17. Ald. Von Drasek thanked City Engineer Fitzgerald and the Code Enforcement Department for their assistance in resolving water issues – freezing rain, snow and ice -- in Ward 2.  Their assistance was appreciated.  Mayor Conrad stated that the City is very proud of the fine work done by the Public Works Department.

18. WATER COMMITTEE – ALDERMAN STRAZA, CHAIRMAN.  Ald. McDermott thanked the City Finance Director, Gail Paul, for the hard work involved in the water rate adjustment. She did it in a very expeditious and professional manner. Ald. Straza noted that Countryside residents will pay a reduced rate.  Mayor Conrad stated that a letter will be sent to residents advising them of the change in water rates.  Ald. Straza moved to approve the water rate adjustment, seconded by Ald. Pondelicek and carried unanimously by Roll Call vote – 6/0.

Clerk Sweeney declared that this will be known as ORDINANCE 08-06-O.

19. FINANCE COMMITTEE – TREASURER JASINSKI, CHAIRMAN, presented the committee’s approval of the Police Pension Board’s request for contribution to the fund in the amount of $625,914.00.   Ald. Smetana moved to approve the contribution, seconded by Ald. Straza and carried unanimously.

LEGAL  REPORT

20. City Attorney Peck presented the draft cooperative agreement with the YMCA relating to the Summer Camp program.  After several drafts they have revised language that is agreeable to both parties.  The program will operate from 7 am to 6 pm Monday-Friday at Countryside Park from June 9 through August 15, 2008. In return the YMCA will pay the City a total of $500 for use of the park for 60 days.  The only change is they cannot guarantee that all City residents who register in a timely manner will be granted a place. However, they will treat City residents the same way they treat YMCA members. After discussion, Council agreed to enter into the agreement for this season and see how it works. Residents still will get preferential treatment. Mayor Conrad noted that the City needs plenty of activity in the park to deter vandalism.  Ald. Von Drasek moved to approve the agreement as presented, seconded by Ald. Smetana;carried unanimously.

21. Attorney Peck noted that the water rate adjustment has been approved by Ordinance 08-06-O above.

22. Attorney Peck presented the PC/ZBA recommendation re:  creation of a PUD at 6404-6406 Joliet Road from the Illinois Facilities Fund.  Attorney Steve Friedland represented the applicant, IFF.  This is a joint venture between IFF and Township of Lyons to develop affordable senior housing. They request that this matter be returned to the PC/ZBA for further hearing. Since the hearing on December 4, 2007, they have met with City staff and have made significant modifications to the original plans. They have “flipped” the plan to include increased parking and reduced density. The next hearing is scheduled for Tuesday, March 4; they are ready for the hearing.  Mr. Friedland stated that they have been in contact with Mrs. Edenfield  and will keep them apprised of all changes. Ald. Michalczyk moved to refer this matter back to the PC/ZBA for further discussion, seconded by Ald. Von Drasek and carried unanimously.

23. Attorney Peck presented two PC/ZBA recommendations re: variances requested for Hacienda Cocula.  At the hearing of February 5, 2008, the applicant appeared seeking a variation for a 2’6” canopy on real estate commonly known as 5452 LaGrange Road. Evidence supported a zoning variation subject to several conditions:  1) removal of the existing vestibule; 2) change the grade of the sidewalk to comply with ADA requirements; 3) obtain all necessary permits for construction of a new vestibule; 4) petitioner to provide structural analysis satisfactory to the Building Comm. 5) a fixed window pane installed on the south side in place of the current sliding window; 6) petitioner assessed a penalty of $30,000 for multiple code violations; 7) construction and operation permitted by such zoning variation be subject to all applicable codes, ordinances and regulations of the City.  The recommendation was to approve the variation subject to the above conditions.  Mr. Peck advised Council that Mr. Hudson still has not received any plans for modification.

24. Attorney Ed Wanderling appeared on behalf of the applicant, Mr. Romouldo Camarena, also present tonight. Mr. Wanderling became involved in this matter yesterday. He thanked Mr. Peck and Mr. Hudson for bringing him up to date.  The only issue he will address is the imposition of the fine of $30,000.  Mr. Camarena accepts full responsibility for these occurrences. Because of his own mistakes he had to pay $5,000 for the chance to correct the problem with the two variances.  He asked if Council would consider reducing the fine considerably.  Mayor Conrad stated that since Mr. Camarena has a number of projects in the City, he should know better. Mr. Wanderling believes that a fine of $30,000 is excessive. Ald. Straza believes that the fine is excessive. Ald. Smetana is very upset with the entire situation. In the spirit of working with the business community, he believes that a fine of $15,000 is sufficient and $30,000 is excessive. Ald. Pondelicek concurs with that recommendation. Treasurer Jasinski stated that building was begun without permits. The fine of $30,000 was determined partly by the architect’s judgment of costs to tear down and rebuild portions of the vestibule. Mr. Wanderling questions the reliability of that judgment. Mr. Peck stated that the project began without a permit and construction was stopped; they then submitted plans but subsequent building deviated from those plans.  The City must enforce its rules. Mr. Wanderling stated that there is no history of prior violations. He asked for consideration to reduce the fine to $15,000.  Ald. McDermott agreed to reduce the amount by $5,000. 

Ald. McDermott moved to reduce the fine to $25,000.  Motion died for lack of a second. 

Ald. Straza moved to reduce the fine to $15,000, seconded by Ald. Smetana. 

AYES: Smetana, Pondelicek, Straza

NAYS: McDermott, Michalczyk, Von Drasek, Mayor Conrad.

Motion denied – 3/4.         

Mr. Wanderling asked Council to consider splitting the difference. Council agreed.

Ald. Straza moved to reduce the fine to $20,000, seconded by Ald. Smetana and carried by Roll Call vote – 5/1 – Ald. McDermott opposed the motion.

Clerk Sweeney declared that this will be known as ORDINANCE 08-07-O.

25. Mr. Peck stated that the second PC/ZBA recommendation  is to consider a reduction in the number of parking spaces from 212 to 204 at Hacienda Cocula. The applicant is the owner of several buildings adjacent to the restaurant. All of them are in common ownership by the petitioner.  The recommendation was to grant a zoning variance for all of those buildings as long as the petitioner owns the buildings. 

26. The recommendation was to approve the variance subject to the following conditions: 1) that said variation is permitted only so long as all properties set forth on Petitioner’s Exhibit A, remain owned by petitioner; 2) all costs for preparation and recording of the ordinance be paid by petitioner; 3) all construction/operation permitted by the variation shall be subject to all applicable codes, ordinances and regulation of the City.  A copy of the Ordinance will be recorded with the Cook County Recorder of Deeds under all PIN numbers of the properties so that in the future if a property is sold, the parking variance would be terminated. This will insure that the City does not end up with insufficient parking in the event that any of the current buildings are sold.   Ald. Von Drasek moved to concur with the recommendation of the PC/ZBA, seconded by Ald. Smetana and carried unanimously.

Clerk Sweeney declared that this will be known as ORDINANCE 08-08-O.

27. Attorney Peck stated that the Serafin Confidentiality Agreement needs further clarification; he asked that this matter be continued to the next City Council meeting.

STAFF  REPORTS

28. Police Chief Swanson updated the Council on the half-time basketball score – Gurie is beating the Police by a score of 13-12.  Thanks to the Council for their support of the program for military fundraising.  Officer Milsap coordinates the program; it has continued for 11 years; he is doing a great job. Mayor Conrad stated that the proceeds will benefit one of our police officers currently serving in Iraq – Kelly Coffers.

29. Chief Swanson stated that the stop sign at 61^st St. westbound was approved as an Ordinance; installation is probably pending ground workability.

ADJOURNMENT

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

Mayor Conrad declared the meeting adjourned at 8:22 p.m.

SHARON SWEENEY, CITY CLERK

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