MINUTES OF A REGULAR MEETING
CITY COUNCIL OF THE CITY OF COUNTRYSIDE, ILLINOIS
HELD IN THE COUNCIL CHAMBERS ON WEDNESDAY APRIL 13, 2005

1. After the Pledge of Allegiance to the Flag, Mayor LeGant called the meeting to order at 7:30 p.m. Acting City Clerk Bartelt called the roll, which was as follows:

PRESENT: Mayor Carl LeGant, Aldermen Robert Conrad, Wayne Straza, Joseph Fajdich, Karen Michalczyk, Edward Krzeminski, Michael Smetana

ABSENT: Clerk Herberts

ALSO PRESENT: Acting City Clerk Bartelt, City Treasurer Stoffels, City Attorney Robert Peck, Police Chief Swanson, City Administrator Bailey, City Engineer Fitzgerald, CDO Muenzer, Deputy Treasurer Wenzel, Building Comm. Krautstrunk, DPW Fullar, Rec. Director Wilson, Code Enforcement Officer Pyle, Ald. Elect Pondelicek, Von Drasek

OMNIBUS AGENDA

2. Approval of Minutes – March 23, 2005.

3. Statement of Bills for the period ending April 13, 2005.

4. Application for a general business license from PAPA JOHN’S, 5501 W. Plainfield. Type: Carry-out Restaurant. Applicant: Gary Glielmi (formerly Papa Tony’s)

5. Application for a general business license from MARY E. LEWIS, M.D., 6428 Joliet Road. Type: Pediatrics. Applicant: Mary Lewis.

6. Application for a general business license from D & G HAULING LLC, 6911 Parkside. Type: Home office. Applicant: Serena Dreher.

7. Application for a general business license from LEE NAILS, 26 E. Plainfield. Type: Nail salon. Applicant: Dung Nguyen (previously 34 Countryside Plaza).

8. Application for a general business license from SKI’S SEALCOATING INC., 10035 5th Avenue Cutoff. Type: Asphalt Sealcoating. Applicant: Richard Zwolinski.

9. Subscription: ZONING BULLETIN – Building Department – $147.

10. Subscription: HEARTLAND REAL ESTATE BUSINESS – CDO Muenzer – $112.

11. Membership: Association of Public Treasurers – Treasurer & Deputy – $182.

12. Ald. Smetana moved to approve the Omnibus Agenda as presented, seconded by Ald. Conrad and carried by unanimous voice vote. Ald. Fajdich abstained.

ADDITIONS TO AND/OR DELETIONS FROM THE AGENDA

13. Additions to the Agenda were noted by Ald. Krzeminski and Mayor LeGant; one deletion was noted by Mr. Bailey.

QUESTIONS AND/OR COMMENTS FROM THE AUDIENCE

14. Rose Dostal, 9521 – 56th St. presented Council with a petition signed by several neighbors. They have no objection to the addition of a family room. She noted that adding a doorway between the two units does not make it a conforming use. Comm. Krautstrunk stated that this building is a duplex, two separate units with two meters, two kitchens, etc. City Ordinance is clear that no changes can be made to a non-conforming use. Council members received the petition signed by neighbors. Council will take this matter under advisement.

MAYOR’S REPORT

15. Mayor LeGant presented the proposal of Popeye & Swee’pea as entertainment for the 2005 Children’s Christmas Party December 3, 2005, at a cost of $650.00. Ald. Smetana moved to approve the proposal, seconded by Ald. Straza and carried by unanimous voice vote.

16. Mayor LeGant presented the request for a liquor license from a local gas station. If Council approves the request, Mr. Peck would create an additional ordinance to the liquor license at a cost of $800 per year. This is for retail sale of beer and wine only with no consumption on premises. Ald. Conrad objects to gas stations selling beer and wine; Ald. Fajdich also objects to the proposal. Ald. Michalczyk believes an ordinance should be drawn up and voted upon. Ald. Straza moved to proceed with an ordinance, seconded by Ald. Michalczyk. Motion carried by Roll Call vote – 4/3. AYES: Straza, Michalczyk, Smetana, Mayor LeGant. NAYS: Conrad, Krzeminski, Fajdich.

CITY CLERK’S REPORT

17. Acting Clerk Bartelt presented the draft resolution reflecting additions or continuations to Schedules A and B of the Executive Session minutes. The Clerk recommends release of certain Executive Session minutes. Ald. Smetana moved to adopt the Resolution as presented, seconded by Ald. Fajdich and carried unanimously. Acting Clerk Bartelt declared that this will be known as RESOLUTION 05-07-R.

TREASURER’S REPORT

FINANCE COMMITTEE – TREASURER STOFFELS, CHAIRMAN presented recommendations from the committee meeting of 4-13-05.

18. The West Suburban Chamber of Commerce golf outing on June 6, 2005 at Gleneagles Country Club -the committee recommends sponsorship of $150 for one golf hole with the understanding that our new city logo will be used at that time. Ald. Smetana moved to approve the expense, seconded by Ald. Straza and carried unanimously.

COMMITTEE REPORTS

19. RECREATION COMMITTEE – ALDERMAN CONRAD, CHAIRMAN, presented recommendations from the Recreation Director to purchase Sports Station shirts for the 2005-2006 season in the amount of $5,455. Ald. Conrad moved to approve the expense, seconded by Ald. Straza and carried unanimously.

20. Ald. Conrad stated that there will be a Recreation Committee meeting next Tuesday, April 19 at 7 p.m.

21. WATER COMMITTEE – ALDERMAN STRAZA, CHAIRMAN, reported that a water main replacement is contemplated in the alley south of Plainfield Road between LaGrange Road and Sixth Avenue, in back of the Schramko Construction site. The cost estimate is $99,340 from Gerardi Sewer & Water Company. Mr. Bailey and Mr. Fitzgerald have prepared a cost estimate of $100,000; Mr. Bailey will negotiate the price further. Ald. Straza moved to accept the negotiated price, seconded by Ald. Smetana and carried unanimously.

22. STREETS & ALLEYS COMMITTEE – ALDERMAN SMETANA, CHAIRMAN, noted a memo from the Public Works Director that he will be replacing Tim Hanley, Ray Musatto and adding another person; due to annexation of 5th Avenue Cutoff, the City will have more work; three additional workers are required as of April 18, 2005.

LEGAL REPORT

23. City Attorney Robert Peck presented a draft ordinance establishing commencement of terms of office of newly elected officials. Due to a recent amendment, newly elected officials do not take office until the first meeting in May unless the municipality has an ordinance to the contrary. City preference is that elected officials assume their office as quickly as possible after canvass and declaration of results; the canvass will be April 20, 2005. This ordinance reads: From and after March 2005, the terms of elected officials of the City of Countryside shall commence at the first regular or special meeting of the corporate authorities occurring after the official canvass and proclamation of results of the election at which such offices were voted upon. Ald. Smetana moved to adopt the Ordinance as presented, and waive the second reading, seconded by discussion – Ald. Straza questions whether his term of office will be short by two weeks, technically of being adequately vested. He stated that an adjustment may be necessary to allow for the possibility of being two weeks short of being fully vested after serving a second term. It poses a question down the road with the vested rights of an employee. He believes an adjustment is needed. Motion carried by Roll Call vote – 6/0. Acting Clerk Bartelt declared that this will be known as ORDINANCE 05-14-O.

24. Attorney Peck requested an Executive Session at the end of the meeting to discuss pending litigation.

ADMINISTRATOR’S REPORT

25. City Administrator Bailey presented the proposal to promote Mark Muenzer to Community Development Director. Council has copies of the Position Description and Employment Contract for a period of three years. This action will set the stage for consolidation of the Building Department into the Community Development Department. Ald. Conrad moved to approve the proposal, seconded by Ald. Krzeminski and carried by unanimous voice vote.

26. Mr. Bailey presented the bid award for replacement of floodway handrail along 55th St. west of Edgewood Avenue. Three bids have been obtained; the low bidder is J & M. Fence in the amount of $4,530. The question of IDOT responsibility has not been determined. Ald. Conrad moved to proceed with the replacement, seconded by Ald. Krzeminski and carried unanimously.

27. Mr. Bailey stated that the Simon Mgmt. Sales Tax Revenue Sharing Agreement will be on the Agenda for the April 27th meeting. The terms and conditions have been previously approved by Council and incorporated into an agreement.

STAFF REPORTS

28. Police Chief Swanson stated that the Police Department is now set up for electronic fingerprinting for fee based applicants and a recommendation for other fees that may be charged; the liquor license fee is $100 established by the Clerk’s Office. They will be able to do employees, etc.

29. The West Suburban Chiefs of Police installation of officers dinner will be held on May 6, 2005; with RSVP by April 29. Chief Swanson seeks authorization for elected officials to attend the dinner at a cost of $30 per person. Ald. Conrad moved to allow the Chief, Deputy Chief, Police Commissioners and elected officials to attend, seconded by Ald. Smetana and carried unanimously.

30. Chief Swanson seeks permission to place certain unused items on E-Bay for sale, specifically the old Merlin phone system which has not been used for the past year; also the old radio console system and old police radios. Ald. Krzeminski moved to approve the request, seconded by Ald. Conrad and carried unanimously.

31. City Engineer Fitzgerald stated that the water main project is moving along nicely; they are transferring water services on 8th Ave; 7th Avenue passed the pressure test yesterday.

32. Mr. Fitzgerald stated that regarding the 2005 Street Rehab program, contracts were received today and a pre-construction meeting will be scheduled for next week. Work will probably begin on Longview within 2-3 weeks.

33. Ald. Fajdich asked for an update re: map revisions on removing homes from the flood plain due to completion of the storm water project. Mr. Fitzgerald stated that IDNR approval was received at Christmas time; the matter then goes to FEMA, which typically takes 6-7 months; we should hear something by late summer. We sent a letter to McCook to get their concurrence to change the maps. Those letters went out 2-3 weeks ago; their response will be sent to FEMA as well. Mr. Bailey stated that the City paid an application fee of $3,800 to FEMA around the first of January. The question of how many properties will be removed is unknown at this time. The area south of 58th St. on Lorraine should be affected.

NEW BUSINESS

34. Ald. Krzeminski called attention to the prospect of installing sanitary sewers for the 5th Avenue Cutoff south of the tollway. He would like to authorize the engineer to provide a very rough estimate for residents. This area is eligible for Community Development Block Grants (CDBG). Mr. Bailey stated that preliminary information must be developed prior to submitting a grant application. Ald. Krzeminski moved to authorize the City Engineer to investigate and provide Council with a preliminary cost estimate for sanitary sewers for the 5th Avenue Cutoff, seconded by Ald. Smetana and carried by Roll Call vote – 6/0.

35. Ald. Krzeminski suggested making City vehicle stickers good for two years rather than one year; it will cut printing costs in half. After discussion, Ald. Krzeminski moved to provide new City vehicle stickers every two years, seconded by Ald. Michalczyk and carried by Roll Call vote – 6/0.

36. Resident Dominic Caroni, 5640 LaGrange Road, received a letter from the Building Department regarding installing a new eight-foot fence on property west of his property across the alley. Ald. Fajdich stated that all businesses are responsible for the fence. Mr. Caroni’s fence is less than six feet high; a new fence will cost $6,000; he paid $1,200 two years ago to repair this same fence. The original fence was erected in 1979. Mr. Krautstrunk stated that since 1985 City ordinance requires a solid wood fence 8 feet high, between commercial and residential. The fence should provide a buffer for the three new homes being built by Jovic. Council members noted that Mr. Caroni should comply with the Code or be fined. He is also in violation of the Code by not having the area blacktopped; vehicles are parking on gravel. Council members agreed to enforce the rules and regulations; all businesses were notified, received the same letter and are subject to the same penalty; there cannot be selective enforcement of the Code. Council agreed that all the properties from north of 56th St. all the way to LaGrange Road should have an eight-foot fence. Mr. Caroni asked to put the fence on his own property line instead of on the other side of the alley. Council agreed that would comply with the Code. All plans and specs should be brought to the Building Department for final approval prior to installation.

Ald. Straza acknowledged the efforts of Ald. Krzeminski and Ald. Fajdich and thanked them for their years of service to the City.

ADJOURNMENT

There being no further business to discuss, Ald. Krzeminski moved to adjourn into closed session under Section 2A(h) of the Open Meetings Act for the purpose of discussing pending litigation. Ald. Smetana seconded the motion; Motion carried by unanimous Roll Call vote – 6/0.

Mayor LeGant declared the meeting adjourned at 9:00 p.m.

SHIRLEY C. HERBERTS, CITY CLERK

By: Gail Bartelt, Acting City Clerk