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City Council Minutes - March 26, 2008

MINUTES OF A REGULAR MEETING
CITY COUNCIL OF THE CITY OF COUNTRYSIDE, ILLINOIS
HELD IN THE COUNCIL CHAMBERS ON WEDNESDAY, MARCH 26, 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, Robert Pondelicek, Michael Smetana

ABSENT: Treasurer Jasinski

ALSO PRESENT: City Clerk Sweeney, City Attorney Peck, City Admin. Bailey, Police Chief Swanson, Asst. Admin. Peterson, CDD Onderdonk, PC/ZBA Chairman Fullmer.

OMNIBUS  AGENDA

2. Approval of Minutes of March 12, 2008.

3. Statement of Bills through March 26, 2008:  $311,082.57.

4. From the PEACE OFFICERS MEMORIAL FOUNDATION OF COOK COUNTY, requesting permission to conduct a raffle in conjunction with their fundraiser at Park Place on April 25, 2008. A waiver of fees is also requested for the raffle ($50).

5. Special use request from Greater Chicago Productions, Susan Nicholson, to hold an Antique Postcard Show on April 18-19, 2008 at Local #150.

6. 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

7. Two additions to the Agenda were noted by Mayor Conrad and Ald. Von Drasek.

QUESTIONS AND/OR COMMENTS FROM THE AUDIENCE - none

MAYOR’S  REPORT

8. Acceptance of the Vulcan Materials Company sponsorship agreement in the amount of $20,000. Mayor Conrad thanked the company for its generous contribution to the City’s Summer Events.

9. Mayor Conrad discussed attendance at the WCMC annual dinner meeting on May 16, 2008 at Rosewood Restaurant for installation of officers.  Ald. Straza moved to approve purchase of a table for $600, seconded by Ald.  Pondelicek and carried unanimously. Please advise the Clerk’s office of your attendance; if a table is not filled, Township officials will be invited.

10. Mayor Conrad extended congratulations to Finance Director Gail Paul on her Certificate of Achievement Course.  She is not present tonight  but Mayor Conrad advised that an award or plaque will be presented to her at the next Council meeting.

11. Mayor Conrad stated that from April 7 at 6 p.m. through April 11 he will be indisposed and is appointing Ald. Smetana as Mayor Pro Tem for that period of time. Ald. McDermott moved to approve the appointment, seconded by Ald. Pondelicek and carried unanimously.

COMMITTEE  REPORTS
 

12. INFRASTRUCTURE COMMITTEE - ALDERMAN MICHALCZYK, CHAIRMAN, presented recommendations from the committee meeting to review action and approval of the ITEP project concerning funding and management for the LaGrange streetscape -- including utility undergrounding, improvement upgrades, lighting replacement of ten poles, appoint a third-party construction manager to save money and accelerate timing of construction.  Ald. Pondelicek moved to approve the increased scope of the project, seconded by Ald. Straza and carried unanimously.

13. Ald. Smetana advised that the recent heavy blasting in Ward 1 on two occasions was not the result of Vulcan; it was Material Service that was doing the blasting.

14. Ald. Von Drasek reported that the Countryside Aging Well Program will hold a Health Fair for Seniors on April 8 at 11:00 a.m. at the Hodgkins Park District Bldg.

15. On Saturday, May 17, 2008 from 10 am to 2pm, please advise Seniors that teen volunteers will help them with the clean-up in conjunction with the Countryside Annual Spring Pick-Up program. This is the second year for the teen volunteers.

16. The Easter Egg Hunt was quite challenging in the snow.  Children who showed up had photos taken with the Easter Bunny.  The remainder of 1,800 stuffed candy eggs was distributed to local hospitals and senior homes in the area.  Thanks to the Staff for their hard work in connection with this project. Mayor Conrad thanked all those involved.

LEGAL  REPORT

17. City Attorney Peck presented the recommendation from the PC/ZBA  hearing of March 4, 2008, to consider amendments to portions of the Zoning Code regarding off-street parking of commercial vehicles – (Sections 10-10-3 and 10-10-4). Proposed language provides for a day pass and ten-day pass to be issued by the Building Department or by the Chief of Police under certain conditions so that commercial vehicles may be parked on private driveways. Ald. Smetana moved to concur with the recommendation, seconded by Ald. Pondelicek and carried by Roll Call vote – 6/0.

Clerk Sweeney declared that this will be known as ORDINANCE 08-10-O.

18. Attorney Peck presented multiple recommendations from the PC/ZBA hearing concerning one parcel of property at 5501 LaGrange Road – the Mobil Gas Station.  At the hearing held on March 4, 2008 regarding a map amendment, the applicant, Mr. Farooq Sultan petitioned to rezone the property from B-1 retail zoning to B-2 limited service zoning. After hearing the testimony and evidence presented, the PC/ZBA recommended approval of that request. Ald. Von Drasek moved to concur with the recommendation, seconded by Ald. Smetana and carried by Roll Call vote – 6/0.

Clerk Sweeney declared that this will be known as ORDINANCE 08-11-O.

19. The second recommendation from that hearing on March 4, 2008, is for the special use to permit a car wash, including use of mechanical conveyors and blowers on the property known as 5501 LaGrange Road.  After hearing the testimony and evidence presented, the PC/ZBA recommended approval of that request subject to the following conditions: 1) that the pylon corner signs be used for lighting only with no signs on them; 2) that hours of operation for the washing facility are from 6 a.m. to 10 p.m. 3) that the current overhead doors be replaced with two doors; 4) that the rinse water be recycled; and 5) that all landscaping requirements be complied with.

20. Ald. Von Drasek discussed the fee in lieu of sales tax agreement for operation of the car wash. Attorney Peck explained the concept.  Ald. Von Drasek sought to include that as a condition of approval.  No additional tax is provided to the City due to the car wash.  The City determines how much sales tax would be generated by a business on that site; the company enters into an agreement to pay the City a sum certain for a number of years in lieu of the sales tax that would be generated.  CDD Onderdonk stated that this was done recently with the Salem Square development. Ald. Von Drasek concurred with the recommendation above and included the additional condition re:  fee in lieu of sales tax, seconded by Ald. McDermott and carried by Roll Call vote – 6/0

Clerk Sweeney declared that this will be known as ORDINANCE 08-12-O.

21. The final recommendation from the hearing of March 4, 2008 regards two zoning variations to permit a monument sign without the required seven-foot space between the ground and the sign; and a variance to permit outdoor sales at the property commonly known as 5501 LaGrange Road.  After hearing the testimony and evidence presented, the PC/ZBA recommended approval of that request subject to the following conditions:  1) that construction of the monument sign be in substantial conformance with Petitioner’s Exhibit A, attached to the recommendation; 2) that the monument sign shows only gas prices in a digital form with a maximum of 10”  electronic numbers; 3) that outdoor sales are restricted to the north and west sides of the building; 4) that no gas cylinder exchanges or sales be permitted on the property; 5) that all construction be in conformity with ordinances and regulations of the City of Countryside.  Ald. Pondelicek moved to concur with the recommendation, seconded by Ald. Smetana and carried by Roll Call vote – 6/0

Clerk Sweeney declared that this will be known as ORDINANCE 08-13-O.

22. Attorney Peck presented the PC/ZBA recommendation to consider the creation of a PUD at 6404-6406 Joliet Road. On March 18, 2008, a special hearing was held at which time the PC/ZBA found that petitioners did not establish the necessary requirements for such special use and the PUD; their recommendation was to deny the request.  Interested parties are present tonight who wish to speak regarding this matter.

23. Attorney Steven Friedland represents the applicant, IFF.  He made a brief presentation re: modifications made.  He introduced team members including Jacques Sandberg from IFF, Mike Jerabek, architect, Pat Rogers from the Township of Lyons.  Deborah Bersheldi, Executive Director of the Southwest Suburban Center on Aging, and Traffic Consultant, Michael Worthmann. They have requested approval for a mixed use PUD containing a 70-unit building providing affordable housing for seniors in the area. Over the past three months significant changes have been made to the project; they propose  leaving the Lyons Twp. building in place and razing the Mazur building, basically flipping the original plan. This has significantly reduced the square footage of office space – Mazur had 16,700 s.f., the township building has 10,265 s.f. – reducing the floor area of office space by 6,400 s.f. This reduces the parking requirement by 32 spaces. The overall site parking has been increased to 100 from the original 87 proposed.  They can now provide .68 per unit parking ratio. The residential building square footage is reduced by 7,000 s.f.and also is reduced to four stories from five stories – to a height of 39.5 feet from the original 52 feet. The residential building has been moved 75 feet further from the rear property line, which now varies between 100-200 feet away.  These modifications addressed residential neighbors’ concerns.

24. Jacques Sandberg, IFF, project developer, discussed public policy.  He stated that 1,600 households in the immediate area who would qualify for this development by virtue of age -- 65+ and income level; 20% of seniors pay more than 30% of their income for rent. That number will grow by 21% in the 65-69 age group by the year 2012. Housing costs have increased by 25% while Social Security has risen only 15%, creating an increased gap. Rents for one-bedroom apartments will range from $788 down to $345 for disabled individuals.   Debbie Bersheldi,  Executive Director of West Suburban Center on Aging, is a 30-year employee; the center is located in LaGrange but covers social services for 22 communities. She thanked the City for its continued support of their programs.  She noted that affordable housing has remained an unmet need for many years.  A recent survey determined that at least 40 people could benefit immediately from this project. They report at least 25 or more unmet needs for people on a monthly basis.  The Lyons subsidized units have a 3-4 year wait for housing.  May’s Lake in Oak Brook has a 6-year waiting period.  There is a real need for this building in this community.

25. Architect Mike Jerabek, discussed the site plan and the need to develop affordable senior housing in an environmentally sensitive fashion – to achieve LEED certification. Floor plans reveal a community room, business room and  fitness center on the first floor. Exterior materials are brick masonry, stone and metal panels along windows; view from the front of the four-story building reveals alternate colors.  Mr. Friedland asked that the Council consider the revised project and not consider the recommendation of the PC/ZBA.   Georgia Enriquez, co-leader of the Countryside Aging Well program, is in support of the senior project proposed by Lyons Township; it will be a great benefit to older residents and an asset to Countryside.  Other communities have such housing developments, why not Countryside?  Reasonable rental units are essential to seniors.

26. Attorney Mark Daniel appeared on behalf on Mr. & Mrs. Edenfield of 10600 Stallford Lane.  He presented a letter dated March 26, 2008; his clients have a 217-foot lot line on the south side of the property.  They oppose this development based on the use of the property – they are not critical of the project; this is an example of a good use in the wrong location. It will make a definite impact on their use of the property.  They have retained experts to review this project.  The use proposed is not a permitted use or a special use under the B-1 zoning district under these circumstances. There should be a business use of the property. The Plan Commission rejected the project; drainage issues and flooding concerns were disclosed. The SW corner of this lot is a wetland; engineers observed the flow of the water on site.  Accordingly, the Edenfields ask that this request be denied. He suggested continued meetings with officials of IFF and professionals to discuss this matter and try to close the gap.

27. Mayor Conrad stated that a motion would be in order.  Ald. Straza moved to approve the project as presented, seconded by Ald. McDermott.  Mayor Conrad noted that in previous dealings with Lyons Township and IFF, he would be sorely disappointed if they became bad neighbors; he is confident of their good intentions.  He asked for consideration for the City of Countryside to have the lion’s share of the units – between 30-35 units.  Mr. Friedland sees no problem with that; the only caveat is that as part of the financing structure and federal tax credits, HUD has rules – preference provisions that allow for such matters, but HUD guidelines must be followed. Mayor Conrad believes that the City is entitled to more units and asked them contact City Staff regarding the results. For safety and well-being of residents the Mayor requested that the City be allowed to have four quarterly inspections of the building. Mr. Friedland agreed.  Ald. McDermott commended the Township of Lyons for their leadership in this great project; the LEED standard adds a nice element as well. Police Chief Swanson suggested that they consider the Knox Box for law enforcement and fire safety if this is an unstaffed building.  Council agreed.

28. Mr. Peck restated the motion – to not concur with the PC/ZBA recommendation but to approve the special use PUD as presented by Petitioner at the March 18, 2008 hearing in substantial compliance with all plans presented at that hearing subject to the following conditions:  1) that additional consideration be given to the City of Countryside

for 35 units of the building for City residents; 2) that a quarterly inspection of the building be permitted by the City; and 3) that a Knox Box be provided for security measures and fire safety.

AYES: MCDermott, Pondelicek, Smetana, Straza

NAYS: Von Drasek, Michalczyk

Motion carried – 4/2

Clerk Sweeney declared that this will be known as ORDINANCE 08-14-O.

Mr. Friedland thanked the Council for its consideration.

29. Mr. Peck presented the contract to purchase the real estate at 5949 LaGrange Road along with a short memorandum regarding both contracts.   Ald. Smetana moved to approve the acquisition of Dodge City, 5949  LaGrange Road, seconded by Ald. Pondelicek and carried by Roll Call vote – 6/0

Clerk Sweeney declared that this will be known as ORDINANCE 08-15-O.

30. Mr. Peck presented the contract to purchase the real estate at 6001 LaGrange Road.  Ald. Smetana moved to approve the acquisition of Ethan Allen, 6001 LaGrange Road, seconded by Ald. Pondelicek and carried by Roll Call vote – 6/0

Clerk Sweeney declared that this will be known as ORDINANCE 08-16-O.

Mayor Conrad thanked Council members for their votes.

ADJOURNMENT

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

Mayor Conrad declared the meeting adjourned at 8:28 p.m.

SHARON SWEENEY,  CITY CLERK

 

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