MINUTES OF A REGULAR MEETING
CITY COUNCIL OF THE CITY OF COUNTRYSIDE, ILLINOIS
HELD IN THE COUNCIL CHAMBERS ON WEDNESDAY, DECEMBER 13, 2006

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

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

ALSO PRESENT: City Clerk Herberts, City Treasurer Stoffels, City Attorney Erik Peck, City Admin. Bailey, Police Chief Swanson, Deputy Chief Novak, ESDA Coordinator Norman, City Engineer Fitzgerald, CDD Onderdonk, Police/Fire Bd. Member Jasinski

OMNIBUS AGENDA

2. Approval of Minutes of November 8, 2006.

3. Statement of Bills for the period ending December 13, 2006: $1,012,246.

4. Financial Statement ending October 31, 2006.

5. Application for a general business license from MB FINANCIAL BANK, 600 W. Plainfield. Type: Bank. Applicant: Mitchell Feiger.

6. Application for a general business license from CHASE BANK, 6704 Joliet Road. Type: Retail bank. Applicant: Jamie Dimon.

7. Application for a general business license from DOMINO’S PIZZA, 5501 Plainfield Road. Type: Carryout restaurant. Applicant: Ted Myers.

8. MEMBERSHIP: INTERNATIONAL CITY/COUNTY MGT. ASSN. – Administrator – $775.63.

9. Application for a general business license from J.S.’S HAIR DESIGN, 6527 Joliet Road. Type: Hair salon. Applicant: Donna Ryczek.

10. Application for a general business license from DO RIGHT ROOTER PLUMBING & HEATING, INC., 1424 W. 55th Place. Type: Home office. Applicant: Rodica Costin.

11. From the Salvation Army requesting permission to solicit at various locations November 17 through December 23, 2006.

12. Application for a general business license from PAINT SOLUTIONS, INC., 5640 LaGrange Road. Type: Paint repair. Applicant: Jeffrey Beck.

13. MEMBERSHIP: International Institute of Municipal Clerks – Clerk & Deputy – $190.

14. Application for a business registration from CECIL CHIROPRACTIC CLINIC, PC, 917C W. 55th St. Type: Chiropractor. Applicant: Brian A Cecil.

15. Application for a general business license from OLD 66 SHELL, 6101 LaGrange Road. Type: Mini-mart. Applicant: Rob Razowsky.

16. Application for a general business license from MOY YUEN, 5532 LaGrange Road. Type: Carryout restaurant. Applicant: Tie Feng Li.

17. Application for a general business license from HONEY FLUFF DONUTS, 6566A Joliet Road. Type: Bakery. Applicant: Vimala N. Gupta.

18. MEMBERSHIP: Illinois Assn. of Police Chiefs – Police Chief – $200.

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

ADDITIONS TO AND/OR DELETIONS FROM THE AGENDA

20. Admin. Bailey made a correction to the list of bills presented to City Council – the Summary page 5, top left column should read $576,158. – making the total below $679, 978. The correct total to the far right should be $1,012,246.

QUESTIONS AND/OR COMMENTS FROM THE AUDIENCE

21. Jana Brand, 6600 So. Brainard Ave. Country Club Condo Association President, stated that a petition signed by several residents, was delivered to Council regarding the LaGrange Estates Mobile Home Park. Ald. Von Drasek read the petition aloud – residents are forced to deal with unruly unsupervised children and now gang activity. They are asking Countryside to annex this property to increase police power in combating this activity. Ald. Michalczyk stated that the aim is to improve the quality of life for all citizens. Ald. Michalczyk moved to authorize Attorney Peck to begin the annexation process of LaGrange Estates, seconded by Ald. Conrad. Mayor LeGant stated that the County Police are usually busy and refer any problems to Countryside Police; annexation may not be the answer. Chief Swanson stated that the City might be more pro-active if the area was annexed. Attorney Peck will review the City map boundaries with Mr. Hudson of the Building Department to determine which parcel may not be within the City limits. Motion carried by unanimous Roll Call vote.

22. Sylvia Salazar repeated the problem she faced two months ago with the expired building permit and the forfeiture of the cash bond. She stated that loss of the cash bond would be a financial hardship for her family. The sum of $2,500 was returned to her. The City is still holding $5,000. Mayor LeGant asked whether she is contemplating completing the project in the Spring; she answered affirmatively. Ald. Von Drasek spoke to Mr. Hudson who suggested that when the building is completed, the bond will be refunded. Mayor LeGant stated that the money held will be used to reinstate a future permit and upon completion of the project, the bond will be refunded. The resident agreed to that plan. Ald. Von Drasek moved to allow the current bond to apply to the future project to begin in Spring, and after satisfactory completion the bond will be refunded, seconded by Ald. Michalczyk; motion carried by unanimous Roll Call vote. Ald. Conrad suggested that the City draft a letter stating the time line and the fact that the existing bond will be applied to the new permit. She still must pay the fees that apply to a new permit. A copy of that letter should be provided to Ms. Salazar.

23. Jim Gallum, owner of the James Dean Muffler/Brake Shop, would like to purchase that property. He seeks guidance from Council regarding the status and whether the City would condemn it. Council members stated there are no plans for the disposition of that property in the future five to ten years. The Mayor stated that there are no present plans for that property. Any change of ownership will be subject to the new landscape ordinances. He was advised to discuss the matter with Mr. Onderdonk.

24. Terri & John Bochan , 5340 – 6th Ave. are frustrated with the recurring problems at 5321 S. LaGrange Road, namely Al’s Beef and Nancy’s Pizza. The business opened in August and they have endured constant noise problems from 8-11:30 p.m. every night. She has called the police numerous times and has reported the problem to the Aldermen. They have taken videos of the loud behaviors; the problem is out of control. Employees converge on their breaks, smoking, swearing, yelling on cell phones, garbage strewn all over the alley. The nuisance ordinance is being abused; garbage is picked up at 3 a.m. on Saturday mornings and 5 am during the week. (Allied Waste) Chief Swanson recommended withholding the business license to entities that do not comply with City ordinances. Ms. Bochan has compiled a complaint folder which she will provide to Council. The noise ordinances are being abused.

MAYOR’S REPORT

25. Mayor LeGant introduced Canine Officer Joe DiGangi and the new police K-9 dog, Ricco, a two-year old dog imported from Holland – a Belgian Malinois weighing 70 pounds. Officer DiGangi and Ricco completed the six-week training course for Cook County Sheriff’s Department police dogs. Chief Swanson stated that this dog replaced Dago, who was killed in the line of duty. Jewel Osco and Milk Bones have covered the cost of this dog with the national program. He will have a presentation ceremony at a later date at Ideal School. He is a beautiful animal.

26. Mayor LeGant presented the application for a Class AA Liquor License and a general business license for The Natural, 6535 Joliet Road. Type: Restaurant and bar. Applicant: Jeff Jablonski. The Mayor asked for comments from the audience.

10726 Dawn Avenue – the gentleman was happy when the business closed. Loud music, constant screaming and fighting were heard every night; motorcycles roared up and down the street at 3 or 4 am; many neighbors are here as well. Chuck Stahl on 67th St. made comments against reopening The Natural and Tooters. He was disturbed by the article in Suburban Life — guilt by association. He drove up there at 2:30 am; the parking lot was half empty; music blasting out of the open doorway – there is no reason for that. He called the County and was told their liquor license allows them to remain open till 4 am and he should file a complaint. He was overjoyed with the annexation.

People go around yelling and riding motorcycles at 4 am; he does not want them to get a liquor license; they are really loud. Bands begin playing at 11 pm take a break and continue playing till 2 or 3 am. He doesn’t believe they will change their habits.

27. Ald. Straza moved to deny creation of a Class AA liquor license for The Natural, seconded by Ald. Von Drasek and carried by unanimous Roll Call vote – 6/0.

27A. Ald. Straza moved to approve the application for a general business license for The Natural restaurant, seconded by Ald. Smetana and carried by Roll Call vote – 5/1. Ald. Michalczyk opposed.

28. Mayor LeGant sought authorization for Christmas food gift certificates to city employees in the amounts of $150 for Department Heads; $100 for full-time employees; $75 for part-time employees. Ald. Smetana moved to approve the expenditure, seconded by Ald. .Conrad and carried unanimously.

29. Mayor LeGant signed a Proclamation declaring the month of December 2006 as National Drunk and Drugged Driving (3D) Prevention Month in the City of Countryside.

30. Mayor LeGant invited residents to attend the ribbon cutting ceremony and open house of the Children’s Advocacy Center and Village of Justice, 8651 S. 79th Avenue, on Saturday, December 16, 2006 from 1-4 pm. This is a much-needed facility.

31. Mayor LeGant presented the request from NYCO Products Co. for the City’s consent to a Class 6B property tax classification. Ald. Straza moved to approve the request, seconded by Ald. Smetana and carried unanimously.

Clerk Herberts declared that this will be known as RESOLUTION 06-15-R.

32. Mayor LeGant introduced the new Community Development Director, Mr. Dudley Onderdonk, who will be instrumental in bringing economic development to the City.

CLERK’S REPORT

33. Clerk Herberts presented the resolution amending 06-08-R to reflect the continuation or release of Executive Session Council minutes contained in Schedules A and B. Ald. Conrad moved to approve Schedules A and B as presented, seconded by Ald. Straza and carried unanimously.

Clerk Herberts declared that this will be known as RESOLUTION 06-16-R.

COMMITTEE REPORTS

34. FINANCE COMMITTEE – TREASURER STOFFELS, CHAIRMAN, stated that the Financial Statement stands corrected by the City Administrator as presented.

35. Treasurer Stoffels sought approval for payment of the Police Pension Fund for FY’06 in the amount of $401,082. Ald. Conrad moved to approve payment, seconded by Ald. Von Drasek and carried unanimously.

36. Treasurer Stoffels presented the recommendation to approve the acquisition of two copiers from Ricoh for $17,218. Ald. Michalczyk moved to approve the expenditure, seconded by Ald. Von Drasek and carried unanimously.

37. Treasurer Stoffels presented the recommendation to approve the donation of $590 for a half-page ad in the LTHS Winter/Spring Program book. Ald. Smetana moved to approve the expenditure, seconded by Ald. Pondelicek and carried unanimously.

38. Treasurer Stoffels presented the recommendation to donate $133 to the Des Plaines Valley Newspaper for the holiday ad. Ald. Smetana moved to approve the expenditure, seconded by Ald. Von Drasek and carried unanimously.

39. The Helping Hand Holiday Fund donation of $500 – Ald. Straza moved to approve the donation, seconded by Ald. Conrad and carried unanimously.

40. The Community Nurse Health Association donation of $105 – Ald. Straza moved to approve the donation, seconded by Ald. Smetana and carried unanimously.

41. Attorney Peck presented the draft ordinance to abate the tax levy for the $4 million General Obligation Bond Issue of 2000 in the amount of $542,768.76. The City pays the principal and interest on that bond. That includes all real estate parcels in the City. Ald. Smetana moved to abate the property tax levy, seconded by Ald. Straza and carried unanimously.

Clerk Herberts declared that this will be known as ORDINANCE 06-50-O.

42. Attorney Peck presented the draft ordinance to abate the tax levy for the $5 million General Obligation Bond Issue of 2006 with Principal and Interest payable December 1, 2007 in the amount of $387,896.26. Ald. Smetana moved to abate the property tax levy, seconded by Ald. Von Drasek and carried unanimously.

Clerk Herberts declared that this will be known as ORDINANCE 06-51-O.

43. Treasurer Stoffels presented the request for payment of $117,556 from the Golf Course Board as the City’s share of funds available for the years 2005-2006. That matter will be addressed at the next Golf Course meeting. Ald. Michalczyk moved to approve the request, seconded by Ald. Pondelicek and carried unanimously.

44. HOTEL/MOTEL COMMITTEE – ALDERMAN MICHALCZYK, CHAIRMAN, discussed the new billboard designs, which are posted on the easel for viewing. These billboards will be on I-55 at LaGrange Road and Lemont Road.

45. INFRASTRUCTURE COMMITTEE – ALDERMAN SMETANA, CHAIRMAN, presented two recommendations from the meeting held earlier this evening.

46. Recommendation on an updated 5-year Paving Improvement Plan. Ald. Smetana moved to proceed with Option A, seconded by Ald. Von Drasek, with the addition of paving / concrete the alley between 55th and 56th just west of LaGrange Road. This is part of the 5-year plan previously established. Cost of the program for this year is about $400,000. Motion carried by unanimous voice vote.

47. Ald. Smetana moved to authorize the attorney to draft an ordinance to enable posting of 8000 pound load limit signs along with No Outlet sign on Kensington Avenue running north from Joliet Road, seconded by Pondelicek and carried unanimously.

Clerk Herberts declared that this will be known as ORDINANCE 06-52-O.

48. RECREATION COMMITTEE – ALDERMAN CONRAD, CHAIRMAN, stated that no action is taken at this time on consideration of having a 2007 Countryfest.

49. Consider proposal for architectural improvement of Srejma-Michalek Park – that matter was sent back to the engineering firm to review all smaller or mini-parks with suggestions for possible remodeling of those parks as well.

50. Ald. Conrad discussed the Great Events proposal for Concerts in the Park ’07. There will be six concerts, four movies and other activities according to season, in the amount of $17,100, seconded by Ald. Straza and carried unanimously.

51. Ald. Conrad expressed condolences on behalf of the City Council and the employees of Countryside to the Wilson Family on the death of Recreation Director Susan Wilson, who passed away last week.

52. HUMAN RESOURCES COMMITTEE – ALDERMAN PONDELICEK, CHAIRMAN, stated that the HR committee has met several times to discuss a Mission Statement- Code of Conduct for the City. This document was reviewed by City Council. Ald. Straza moved to approve the Mission Statement – Code of Conduct as presented, seconded by Ald. Smetana and carried unanimously. Ald. Pondelicek read the Mission Statement aloud. The City of Countryside’s Mission Statement is to provide high-quality, cost-effective services to the City and the business community; and to deliver those services in a unified, professional, honest and respectful way.

LEGAL REPORT

53. City Attorney Peck presented the recommendation of the PC/ZBA on the zoning variation permitting outdoor sales and display at 9828 W. 55th St. On November 14, 2006, Terry Ahern appeared before the PC/ZBA to permit outdoor sales and display on the real estate commonly known as 9828 W. 55th St. He has complied with all the requirements for a zoning variation and there were no objections, written or oral, pertaining to that request. The PC/ZBA recommended the zoning variation to permit outdoor sales and display with the following conditions: the petitioner should work with the City staff to develop a fa̤ade and landscape improvement plan; and that the petitioner remove all display merchandise every evening. Ald. Conrad moved to concur with the recommendation, seconded by Ald. Pondelicek and carried unanimously.

Clerk Herberts declared that this will be known as ORDINANCE 06-53-O.

54. Attorney Peck presented the draft ordinance increasing the sales tax on vehicles in the City by å_% with the responsibility of the City to collect. Mr. Peck noted that in speaking with the State, they stated that is not effective on the sale of automobiles – there is a special exception for any vehicle registered with the State. Mr. Peck and Ms. Filinovich are seeking a final determination on this matter and they have received conflicting information from the State. A use tax ordinance is prepared which will be collected by the City but paid by the purchaser of the vehicle. This would only be applicable to a person living in the city or whose vehicle is registered in the city. If a non-resident purchases a vehicle, it will not be a useful tax for the city. He asked Council to pass what has been presented and allow him to work out details with the Finance Director to determine if the increase is effective on automobile sales as of January 1, 2007. No action taken.

55. Attorney Peck presented the recommendation of the PC/ZBA to provide for adult uses as a special use. On December 5, 2006 the PC/ZBA held a hearing to determine whether the City should amend Title 10, making adult uses a special use in the M-1-M-2 zoning districts. There is a very strict adult use ordinance in place. The Building Department recommended that adult use be made a special use. It was the recommendation of the PC/ZBA to amend the zoning code to provide for adult use as a special use in the M-1 zoning district. Ald. Smetana moved to concur with the recommendation, seconded by Ald. Von Drasek and carried unanimously.

Clerk Herberts declared that this will be known as ORDINANCE 06-54-O.

ADMINISTRATOR’S REPORT

56. City Administrator Bailey presented engineer’s payment estimate #1 and final for the 2006 Street Utility Patching to Robert Andreas & Sons in the amount of $41,181. He recommends payment. Ald. Smetana moved to approve payment, seconded by Ald. Von Drasek and carried unanimously.

57. Mr. Bailey presented engineer’s estimate #5 and semi-final for the 2006 Water Main Replacement project to Swallow Construction Co., in the amount of $116,577.94. He recommends payment. Ald. Smetana moved to approve payment, seconded by Ald. Straza and carried by unanimous voice vote.

58. Mr. Bailey presented the recommendation to award the 2006 – 57th St. Water Main Replacement – Phase 2 project, to Swallow Construction Co for the bid amount of $846,497. Ald. Smetana moved to award the bid to Swallow Construction, seconded by Ald. Straza and carried unanimously.

59. Mr. Bailey presented the proposal to skin patch resurfacing of the uncompleted portion of the former union hall parking lot in the amount of $11,000. Mayor LeGant asked to defer this matter to later in the Spring. Council agreed.

NEW BUSINESS

60. Ald. Von Drasek discussed the prospect of hiring Sharon Peterson as the assistant city administrator. She will assist Mr. Bailey and be responsible for Recreation Director Activities. Ald. Pondelicek read the emails from Mr. Bailey with his salary recommendation and qualifications. He feels comfortable in offering her the position at the recommended salary range. Ald. Pondelicek moved to approve hiring Sharon Peterson as the Assistant City Administrator, seconded by Ald. Von Drasek and carried unanimously.

ADJOURNMENT

61. Ald. Conrad moved to adjourn into Executive Session under Section 2Ah of the Open Meetings Act for the purpose of discussing litigation, seconded by Ald. Michalczyk and carried by unanimous Roll Call vote.

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