MINUTES OF A REGULAR MEETING
CITY COUNCIL OF THE CITY OF COUNTRYSIDE, ILLINOIS
HELD IN THE COUNCIL CHAMBERS ON WEDNESDAY, DECEMBER 14, 2005

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, City Admin. Bailey

ALSO PRESENT: City Clerk Herberts, City Treasurer Stoffels, City Attorney Robert Peck, Police Chief Swanson, CDD Muenzer, PC/ZBA Board Member Jasinski

OMNIBUS AGENDA

2. Approval of Minutes of November 9, 2005.

3. Statement of Bills for the period ending November 23 and December 14, 2005.

4. Application for a general business license from Stanley Luke Farm, Inc., 10101 5th Avenue Cutoff. Type: Horse farm. Applicant: Mary Ann Kennedy.

5. Application for a general registration from Banfield, The Pet Hospital #1375, 24 Countryside Plaza (within Petsmart). Type: Veterinary Hospital. Applicant: Scott Campbell.

6. Application for a general business license from Schuler Roofing, 6831 Sunset. Type: Home office. Applicant: Chris Schuler.

7. Application for a general business license from C.J. Squared, Inc., 5704 Peck Avenue. Type: Home office. Applicant: Christine Philip.

8. Application for a general business license from Cervantes Transport, Inc., 10035 5th Avenue Cutoff. Type: Trucking firm. Applicant: Joseph Cervantes, Jr.

9. Application for a general business license from Gracie Barra Countryside, 921 W. 55th St. Type: Martial Arts School. Applicant: Pablo Ortega.

10. Membership: International Code Council, Inc. – Community Development $100.

11. Membership: International City/County Mgt. Assn.- City Administrator – $753.96.

12. Membership: American Water Works Assn. – City Administrator – $68.

13. Application for a special use from It Figures, 3 Countryside Plaza, to hold a charity rummage sale on November 10-20, 2005 (for formal approval).

14. Application for a general business license from J. Cris. Miller & Associates, 10555 W. 74th St. Type: Home office. Applicant: J.C. Milller.

15. Membership: West Suburban Juvenile Officers Assn. – Police Dept. – $75.

16. Membership: Illinois Municipal League – Administration – $514.

17.Financial Statement for October 31, 2005 (previously distributed).

18. Membership: American Water Works Assn. – Administration – $68.

19. Membership: America Assn. of Code Enforcement – Code Enforcement Officer – $60.

20. Subscription: Hope Health Letter – All – $604.92.

21. Ald. Michalczyk sought removal of Item G, Cervantes Transport from the Omnibus Agenda; also remove one of the American Water Works Assn. memberships. Administrator Bailey will share membership with Ald. Straza. Ald. Smetana moved to approve the Omnibus Agenda as amended, seconded by Ald. Michalczyk and carried unanimously.

ADDITIONS TO AND/OR DELETIONS FROM THE AGENDA – none

QUESTIONS AND/OR COMMENTS FROM THE AUDIENCE

22. Several residents addressed the Council regarding the proposed 16-unit townhome development by Jovic Builders. Residents do not object to the development but to the ingress and egress and increased traffic concerns. Residents opposed to the traffic pattern include Ron Ruhl, Joe Ruzicki, Frank Zickus, Steve Jasinski, Perry Bashar. Residents in favor of the Comprehensive Plan and the zoning include Roger Marenkov and Jeff Garcia. Tom Hinshaw asked that the batting cage, which cost $15,000; be moved or further protected from traffic by additional fencing.

23. Judy Stolte, 6002 Longview Drive, discussed a sanitary sewer drainage problem in front of her home. She is seeking a resolution with the City. Administrator Bailey stated that this matter was discussed at a Committee meeting. After review, the City may participate in partial cost replacement for damage to one section of the lateral for 4-5 feet, but not for replacement of the entire lateral. The lateral was replaced per Sanitary District requirements. The homeowner is responsible for that payment, which is a commonly accepted practice throughout the country.

MAYOR’S REPORT

24. Mayor LeGant sought approval for attendance at the WCMC Legislative Breakfast on January 21, 2006 at 9 a.m. at the Oak Park Country Club. The cost is $25 per person. Ald. Straza moved to approve the request for Council members and Department Heads, seconded by Ald. Von Drasek and carried unanimously.

CITY CLERK’S REPORT

25. City Clerk Herberts asked Council to consider a resolution amending Schedules A & B to reflect additions or continuations concerning Executive Session minutes. Ald. Michalczyk moved to approve the amendment, seconded by Ald. Conrad and carried by unanimous voice vote.

Clerk Herberts declared that this will be known as RESOLUTION 05-16-R.

TREASURER’S REPORT

26. Treasurer Stoffels stated that the Treasurer’s report stands as presented.

COMMITTEE REPORTS

FINANCE COMMITTEE – TREASURER STOFFELS, CHAIRMAN, presented recommendations from the committee meeting held earlier this evening.

27. Recommendation to subscribe to the Wall Street Journal for one year on a trial basis at a cost of $99. Ald. Michalczyk moved to approve, seconded by Ald. Von Drasek and carried unanimously.

28. The committee recommended a purchase of five tickets for the Helping Hands Raffle. Should the City win anything on those tickets, the money will be returned to Helping Hands. Ald. Smetana moved to approve, seconded by Ald. Conrad and carried unanimously.

29. Treasurer Stoffels presented the Community Nurse Christmas request and suggested a donation of $100 toward their Christmas program. Ald. Michalczyk moved to approve, seconded by Ald. Straza and carried unanimously.

30. Treasurer Stoffels presented the recommendation to hire a Community Development Planner. Ald. Conrad moved to approve the request. Motion died for lack of a second. Ald. Pondelicek moved to table that matter for further review of the proposal and responsibilities, seconded by Ald. Straza and carried by Roll Call vote – 5/1. Ald. Conrad opposed.

31. The committee recommended approval of the 2005 WSCC Holiday Luncheon and Annual Meeting held earlier today; the cost was $35 per person; personnel did attend this luncheon. Ald. Straza moved to approve the expense, seconded by Ald. Michalczyk and carried unanimously.

32. WATER COMMITTEE – ALDERMAN STRAZA, CHAIRMAN, presented recommendations from the meetings held November 29 and December 14, 2005.

33. Recommendation to accept the Water System Analysis by Frank Novotny & Associates, Inc. They have done an outstanding job. Ald. Von Drasek moved to approve the analysis, seconded by Ald. Michalczyk and carried unanimously.

34. Recommendation to approve the 2006 Water Distribution System repair projects as presented with the Water System Analysis by Novotny. Ald. Von Drasek moved to approve, seconded by Ald. Pondelicek and carried unanimously.

35. Recommendation to authorize the issuance of debt for water system improvements for the next five years. Ald. Von Drasek moved to approve the request, seconded by Ald. Michalczyk and carried unanimously.

36. POLICE COMMITTEE – ALDERMAN CONRAD, CHAIRMAN, presented the recommendation to approve sponsorship of the Ideal School Homework Club and the Math Fun Facts Programs at a cost of $6,000, which comes from the Forfeiture Fund. Ald. Straza questioned the relevance of utilizing that fund for this purpose. Chief Swanson stated that Federal Forfeiture Laws allow its use for other purposes besides narcotics and investigations. State law requires that funds be used only for narcotics; this is from the federal funds and allows for investing in kids programs. Ald. Conrad stated that it is an excellent use of drug money going into a positive program. Ald. Conrad moved to approve the expenditure, seconded by Ald. Smetana and carried unanimously.

37. Recommendation to purchase two laptop computers to replace older models for the Police Department at a cost of $3,708. Ald. Conrad moved to approve the purchase, seconded by Ald. Michalczyk and carried unanimously.

38. Recommendation to approve attendance by Chief Swanson at the Illinois Chiefs winter training session in St. Charles on January 6-9, 2006 at a cost of $650 – including registration and consideration of waiving the 50-mile rule. Chief Swanson stated that sessions last until 9 or 10 p.m. and begin at 7 a.m. Ald. Conrad moved to approve the request, including waiver of the 50-mile rule, seconded by Ald. Smetana and carried unanimously.

HOTEL/MOTEL COMMITTEE – ALDERMAN MICHALCZYK, CHAIRMAN, presented recommendations from the committee meeting of December 12, 2005.

39. Recommendation to approve the Motel Redevelopment Sign at a cost of $524. Ald. Von Drasek moved to approve, seconded by Ald. Straza and carried unanimously.

40. Recommendation to approve the ISCS Development Brochure at a cost of $471.25. Ald. Michalczyk moved to approve, seconded by Ald. Von Drasek and carried unanimously.

41. Recommendation to participate in the WSCC 2006 Membership Directory at a cost of $520. Ald. Michalczyk moved to approve, seconded by Ald. Von Drasek and carried unanimously.

42. Recommendation to consider Serafin Contract Renewal in the amount of $130,800, for a two-year term. This cost was negotiated down from $10,900 per month to $10,066 per month for a two-year contract. Ald. Michalczyk moved to approve the expense, seconded by Ald. Straza. Treasurer Stoffels stated that monies will be taken from the Hotel/Motel Fund and not from the general Corporate Fund.

INFRASTRUCTURE COMMITTEE – ALDERMAN SMETANA, CHAIRMAN, presented recommendations from the meeting held last night.

43. Recommendation to approve the 2006 MFT Street Rehabilitation repair program at a cost of $275,000. There is a regular prioritized schedule for street repair developed by the City Engineer and Superintendent of Public Works which will be followed. Ald. Smetana moved to approve the program, seconded by Ald. Pondelicek and carried unanimously.

44. Recommendation to approve the Sanitary Sewer Maintenance proposals from M.E. Simpson Co. in the amount of $24,395; this cost is for three separate inspections. The City’s sanitary sewer operations and maintenance policy requires annual inspections on at least a portion of the sanitary sewer system. Ald. Smetana moved to approve, seconded by Ald. Straza and carried unanimously.

45. Ald. Von Drasek made the audience aware of the PetSmart grand opening; he urged residents to attend the new store and thanked Mark Muenzer for his efforts in accomplishing this goal. Mayor LeGant stated that this is one of the best facilities available. Leashed pets may be brought into the store.

LEGAL REPORT

46. City Attorney Robert Peck discussed the increase of the real estate transfer tax to $250. In order to do that municipalities need voter approval by referendum. Prior to that it must be authorized by a Resolution and a hearing held on the matter. He provided Council with a draft Resolution that would put that issue on the 2006 primary ballot. He also provided a draft of Notice of Public Hearing for January 11, 2006. Ald. Michalczyk moved to approve, seconded by Ald. Von Drasek and carried unanimously.

47. Attorney Peck discussed legal non-conforming uses of real estate as it relates to licensing after annexation in regards to businesses that have come into the city. Ald. Michalczyk has requested that these be referred to the Licensing Committee, which may consider adopting a non-conforming use license so each business may be licensed as what it actually is. If Council agrees, he will present a draft ordinance at the next Council meeting which will put into effect a non-conforming use business license. Ald. Michalczyk moved to approve, seconded by Ald. Von Drasek and carried unanimously.

48. Attorney Peck presented two recommendations from the PC/ZBA to approve the project on the application of V & J Lenoch, tabled from 11-9-05, to consider rezoning from B-2 to R-5 general residential and to consider a Plat of Resubdivision to allow for the construction of four 4-unit town homes by Jovic Builders with ingress/ egress onto 61st St. At the hearing held December 6, 2005 the PC/ZBA recommended approval of the Plat of Resubdivision as presented.

49. Attorney Michael Wolfe appeared on behalf of the Lenochs. He stated that the PC/ZBA hearing of 11-1-05 took place wherein zoning from B-2 to R-5 was approved unanimously. At the 12-6-05 hearing the preliminary Plat of Resubdivision was approved by the PC/ZBA by a 5/4 vote. He noted the mutually beneficial relationship between the City and the Lenoch family, plus favorable remarks made by the audience regarding Jovic Builders. The Comprehensive Plan calls for multifamily development with the suggestion that a portion of 61st St. be developed as a street. Mayor LeGant noted that when the condos were built next to the bowling alley; there was no street. Mr. Lenoch donated that property so the condos had access to a street. Ald. Conrad is disappointed that no other options were considered; he supports the Comprehensive Plan but noted that entering/leaving the Plaza was also included but not addressed. Ald. Von Drasek echoed Ald. Conrad; he is in favor of the plan but would like to see another option. The Comprehensive Plan is a guide; he is very concerned with traffic and children’s safety issues. Ald. Straza is also aware of traffic safety and juvenile concerns. He believes it is a great project but has concerns. Ald. Smetana moved to concur with the recommendation of the PC/ZBA regarding rezoning from B-2 to R-5, seconded by Ald. Pondelicek and carried by Roll Call vote – 5/1. Ald. Conrad opposed.

Clerk Herberts declared that this will be known as ORDINANCE 05-48-O.

Ald. Michalczyk moved to concur with the recommendation of the PC/ZBA regarding the plat of Resubdivision as presented, seconded by Ald. Straza and carried by Roll Call vote – 4/2. Ald. Conrad and Ald. Von Drasek opposed.

Clerk Herberts declared that this will be known as ORDINANCE 05-49-O.

50. Attorney Peck presented the petition from the sole owner for Annexation of 6475 Joliet Road (Barton) – an office building on the north side of Joliet Road. No electors reside on the property. The City may simply adopt an ordinance which annexes that real estate. If the City chooses to do so, an appropriate plat of annexation will be prepared and recorded with the Cook County Recorder of Deeds. Mayor LeGant stated that this is commercial property to the west of Hope Lutheran Church. Ald. Conrad moved to authorize the annexation, seconded by Ald. Pondelicek and carried unanimously by Roll Call vote. Ald. Conrad stated that this will make Joliet Road safer and under better City control.

Clerk Herberts declared that this will be known as ORDINANCE 05-50-O.

ADMINISTRATOR’S REPORT

51. City Administrator Bailey recommended the hiring of Mieling Lieu, as Staff accountant effective 1-3-06 at a salary of $45,000 per year. Ald. Michalczyk moved to approve, seconded by Ald. Smetana and carried unanimously.

52. Recommendation to approve Telcom Innovations Group annual maintenance renewal agreement for $2,520. Ald. Smetana moved to approve, seconded by Ald. Michalczyk and carried unanimously.

53. Recommendation to join the WCMC IT consortium for computer system maintenance and operation for the City’s non-police operations. Ald. Smetana moved to approve. Ald. Michalczyk moved to table this matter for further discussion, seconded by Ald. Conrad. The City already has a consultant and should not end up with two consultants. Mr. Bailey stated that he favors changing computer consultants; the City has a contract with ISI; he believes it is time for a change. The Police Chief wishes to remain with ISI. Ald. Smetana withdrew his motion. Motion to table was carried by unanimous voice vote. Ald. Conrad will hold a Police Committee meeting on this matter after the Holidays.

54. Mr. Bailey recommended awarding a bid for mobile shelving unit in City Hall’s storage vault to Ellis Systems Corp. in the amount of $19,560. This has been an ongoing problem. Ald. Conrad moved to approve, seconded by Ald. Pondelicek and carried unanimously.

55. Recommendation to approve a boundary and topographic survey for City Hall and municipal complex in the amount of $6,500. Ald. Michalczyk moved to approve, seconded by Ald. Straza and carried unanimously.

56. Mr. Bailey sought authorization to instruct the attorney to prepare draft ordinance to abate the tax levy for 2005. Ald. Michalczyk moved to approve, seconded by Ald. Conrad and carried unanimously.

57. Recommendation to approve engineer’s pay estimate #6 and final for the I-55 Noise Wall project to Lorig Construction Co. in the amount of $40,431.95. Ald. Michalczyk moved to approve, seconded by Ald. Von Drasek and carried unanimously.

58. Mr. Bailey recommended approval of engineer’s pay estimate #10 and final for the 2004 Water Main Replacement project to Cerniglia Co. in the amount of $14,030.35. Ald. Pondelicek moved to approve, seconded by Ald. Von Drasek and carried unanimously. Mr. Bailey noted that $22,000 in liquidated damages was assessed to the company; the warranty period begins when the final payment check is cut.

59. Mr. Bailey recommended approval of engineer’s pay estimate #2 and final for the Countryside Motel Demolition to Dem/Ex Group in the amount of $50,805.80. Ald. Smetana moved to approve, seconded by Ald. Conrad and carried unanimously.

60. The final item is to consider approval to hire a Manager of Building Administration effective immediately. Mr. Bailey recommends hiring Bill Hudson to fill this position at a salary of $70,000 per year. This position replaces the Building Commissioner position. Ald. Smetana moved to approve the hiring, seconded by Ald. Pondelicek and carried unanimously.

OLD AND NEW BUSINESS

61. Roger Marenkov, 7424 Prescott Lane, discussed the item taken off the Omnibus Agenda. Cervantes Transport, 10035 5th Avenue Cutoff is zoned M-2 and is the only such zoning in the entire city. That classification is very broad. Mr. Peck stated that that parcel was annexed in January 2000. At that time there were two separate petitions for annexation – one for I-2 and the other for R-4. There was no pre-annexation agreement so it came In as the most restrictive zoning that would permit what was occurring at the time. There was a contractor business going on which was permitted under county zoning; when it was brought into the city, the most appropriate was the M-2. Mr. Marenkov is concerned that even a trucking terminal is allowed under M-2; this would have a negative impact on the area. Mr. Bailey stated that jurisdiction of 5th Avenue Cutoff remains with Cook County. In negotiations with the county re: jurisdictional transfer, it was discovered that the road was built partially on easements. The City cannot accept a road that does not have dedicated right-of-way. The city’s counter proposal is for the county to acquire ROW at their cost prior to acceptance by the City. That is where the matter stands. Marenkov suggested contacting Comm. Tony Peraica, a candidate for County Board President, to discuss a possible solution to this problem.

ADJOURNMENT

62. There being no further business to discuss, Ald. Von Drasek moved to adjourn the meeting, seconded by Ald. Straza and carried unanimously.

Mayor LeGant declared the meeting adjourned at 9:02 p.m.