MINUTES OF A REGULAR MEETING
CITY COUNCIL OF THE CITY OF COUNTRYSIDE, ILLINOIS
HELD IN THE COUNCIL CHAMBERS ON WEDNESDAY, FEBRUARY 8, 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 Robert Peck, City Admin. Bailey, Police Chief Swanson, City Engineer Fitzgerald, Fin. Director Filinovich, Deputy Clerk Bartelt, CDD Mark Muenzer, PC/ZBA Member Jasinski

OMNIBUS AGENDA

2. Approval of Minutes of January 25, 2006.

3. Statement of Bills for the period ending February 8, 2006.

4. From Dominick’s Finer Foods, 6704 Joliet Road, requesting a special use to erect a temporary garden center tent on their premises from April 9 – June 24, 2006.

5. Application for a general business license from Koranda Masonry, 10455 5th Avenue Cutoff. Type: Home Office. Applicant: James Koranda.

6. Application for a general business license from No Construction Job’s Too Small, 9800 W. 55th St. Type: Home Office. Applicant: Jack Laskowski.

7. Special Use application from Douglas Perzan of the Independent Flea Market Inc., to hold a Craft Show at the Holiday Inn on April 8, 2006 from 6 am to 3 pm.

8. From the Ideal School PTO applying for a Charitable Game License to hold a raffle in conjunction with the Fun Fair, March 10, 2006. Request a waiver of license fee.

9. Ald. Michalczyk noted a correction to the minutes of January 25, 2006 – page 3, item #24, should read Ald. Smetana moved, seconded by Ald. Michalczyk. Ald. Michalczyk moved to approve the minutes as corrected, seconded by Ald. Smetana and carried unanimously.

ADDITIONS TO AND/OR DELETIONS FROM THE AGENDA

QUESTIONS AND/OR COMMENTS FROM THE AUDIENCE

MAYOR’S REPORT

10. Mayor LeGant noted member changes to various committees and discussed the creation of a Human Resources Committee. The new Chairman of the HR Committee is Ald. Pondelicek; Ald. Von Drasek and Admin. Bailey as committee members. Ald. Von Drasek is the new Chairman of the License Committee, with Ald. Conrad and Clerk Herberts as committee members. Ald. Conrad remains Chairman of the Police Committee with Ald. Smetana and Ald. Pondelicek as committee members. Ald. Pondelicek leaves the Recreation Committee to be replaced with Ald. Michalczyk, and Ald. Smetana as committee members, and Ald. Conrad as Chairman. Ald. Pondelicek will become a member of the Hotel/Motel Committee.

CITY CLERK’S REPORT

11. City Clerk Herberts sought Council approval for attendance at the International Institute of Municipal Clerks Annual Conference May 14-18, 2006 in Anaheim, CA. Estimated expenses are $1,679 plus travel expenses. Ald. Michalczyk moved to approve the expenditure, seconded by Ald. Straza and carried unanimously.

TREASURER’S REPORT

12. City Treasurer Stoffels advised that the City has received a check from Flagg Creek Golf Course for its portion of 2005 profits in the amount of $128,283.70.

COMMITTEE REPORTS

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

13. The committee recommends a donation of $250 to Gurrie PTO for its 2006 Fundraiser. Ald. Conrad moved to approve the donation, seconded by Ald. Pondelicek and carried unanimously.

14. Mr. Bailey presented the Finance Committee recommendation to contract the services of Speers Financial to act as the financial advisor for the water bond issuance and that a competitive bond sale be conducted. The cost is approximately $5 million over the next 20 years. Ald. Michalczyk moved, seconded by Ald. Von Drasek to approve the recommendation; motion carried by unanimous Roll Call vote. Mayor LeGant stated that the need for this bond issue is to update the City’s water system.

15. Mr. Bailey also presented the Finance Committee recommendation to contract with the law firm of McGuire Woods as Bond Counsel for the water bond issuance. Ald. Smetana moved to approve the recommendation, seconded by Ald. Von Drasek and carried unanimously.

16. Ald. Von Drasek stated that he attended the workshop by the Cook County Assessors Office today for instructions on appealing the property tax assessment. Another workshop is scheduled for February 22 at 10 a.m. and 5-6 p.m. They will explain the steps necessary to complete the appeals process.

17. Ald. Pondelicek stated that on February 1 Deputy Chief Mallon and Officer Milsap conducted a session at the Mobile Park Association regarding the lock box for Seniors, the File for Life program and Neighborhood Watch Program. He thanked both officers for their excellent presentations.

LEGAL REPORT

18. City Attorney Robert Peck presented the draft ordinance rescinding three liquor licenses: two Class E licenses and one Class S license. These licenses are currently outstanding but no longer in use. Mayor LeGant requested that they be removed. Ald. Smetana moved to adopt the ordinance as presented and waive the second reading, seconded by Ald. Conrad and carried unanimously.

Clerk Herberts declared that this will be known as ORDINANCE 06-05-O.

19. Attorney Peck presented a Resolution changing the ICMARC coordinator to Alice Filinovich, Finance Director. Ald. Smetana moved to adopt the Resolution as presented, seconded by Ald. Straza and carried unanimously.

Clerk Herberts declared that this will be known as RESOLUTION 06-02-R.

20. Attorney Peck presented proposed changes for procedures as set forth in the Zoning Code for PC/ZBA Public Hearings re: Plats of Subdivision. The PC/ZBA recommended that the City attorney work with CDD Muenzer and City Engineer Fitzgerald in making those revisions and put them in ordinance form. Ald. Conrad moved to concur with the PC/ZBA recommendation, seconded by Ald. Michalczyk and carried unanimously.

ADMINISTRATOR’S REPORT

21. City Administrator Bailey stated that consideration of the City’s proposed purchasing policy has been tabled.

22. Mr. Bailey recommends approval of payment of $28,897.81 in association with the Final Order and Judgment of the Primeco Class Action lawsuit. Ald. Smetana moved to approve payment, seconded by Ald. Conrad and carried unanimously.

STAFF REPORTS

23. Police Chief Swanson stated that the basketball game between the Police Department and Ideal School will take place February 22 at 6:30 p.m. He apologized for the fact that it is a Council Meeting night; the conflict could not be avoided.

OLD AND NEW BUSINESS

Resident Lester Trilla, 10250 5th Ave. Cutoff, addressed Council re: activity by Hodgkins in proceeding to construct a heavy commercial zoning district in the area which could adversely affect property values. He noted that Mr. Novotny is the engineer for both the City of Countryside and the Village of Hodgkins, which could result in a conflict of interest. Mayor LeGant stated that this matter will be discussed in Executive Session immediately following this meeting. He read a two-page memo from Administrator Bailey entitled, 5th Avenue Cutoff Jurisdictional Transfer Status Report into the record as follows:

As you will recall, negotiations with the Cook County Bureau of Highways regarding the jurisdictional transfer of 5th Avenue Cutoff were stalled after the discovery that the roadway, in certain areas, was constructed on easements versus dedicated right of way. The City’s concern being potential future legal complications associated with the roadway location due to the lack of dedicated right of way. The City’s counter proposal was that the County acquire dedicated right of way, to replace the easements, at County cost.

On February 1, 2006, the City Attorney, City Engineer, Community Development Director and I met with Bureau of Highways officials to discuss the easement/right of way issue. It appears that the City can confidently move forward with the jurisdictional transfer of 5th Avenue Cutoff with the easements in place. Apparently, there is well-established case law that allows for a roadway that has been in place for at least 15 years to remain in place without dedicated right of way. City Attorney Robert Peck can elaborate on this matter at a later date. 5th Avenue Cutoff was originally laid out in 1912 and the County has a plat of survey dated 1927 to give you some idea of its history.

During the week of February 6, 2006, the Cook County Bureau of Highways will forward a draft Letter of Understanding (LOA) to the City which will address the easement issue and all of the items previously, tentatively agreed to such as the reconstruction of the roadway to include 4-foot paved shoulders, erection of a gate over the frontage road where the City’s corporate boundaries meet the Forest Preserve property, replacement of the paved surface of the frontage road west of the gate with grass crete’ and a number of other details. The LOU will be forwarded to the City Council for consideration at the earliest opportunity.

The County has indicated that it intends to undertake the above-referenced construction activities with its Motor Fuel Tax funds and that the County has programmed the construction activity for 2009, although there is some possibility that the 5th Avenue Cutoff project could be moved up on the County’s priority list depending upon the status of competing projects. Most municipalities wait until after the agreed-upon improvements are made to their satisfaction before accepting a jurisdictional transfer.

The City of Countryside has the option of accepting an early’ jurisdictional transfer, however, that is not likely to take place before the second half of 2006. The City would assume all liability and maintenance responsibility for the roadway (as is, where is) upon acceptance of the jurisdictional transfer and depend upon the LOU to deliver the improvements at a later date (2009). With the jurisdictional transfer, the City would be able to regulate the 5th Avenue Cutoff as a local street including speed limits and weight limits.

The reason that the early jurisdictional transfer is not likely to take place until later this year is that the frontage road that is adjacent to I-55 and dead ends near the Woodland Ridge subdivision, is under the joint maintenance responsibility of the State and County. The state must transfer its maintenance responsibility to the County, a painstakingly slow process, before the County can transfer the maintenance responsibility to the City. The frontage road is associated with the construction of I-55. Cook County originally constructed most of the expressway network in the Chicago area before transferring the roadways to the State.

It appears that the jurisdictional transfer of 5th Avenue Cutoff will be presented to the City Council for consideration and action in the near future.

25. After Mayor LeGant concluded reading the memo, Mr. Trilla thanked City Council members for their immediate response to this matter. Attorney Peck stated that he will be happy to meet with residents to clarify certain issues. Unidentified residents living on 5th Avenue Cutoff spoke opposing the continued activity occurring in Hodgkins re: speculation about building a heavy commercial/ industrial zoning district in their neighborhood and alluded to possible future flooding and drainage issues. Mayor LeGant reiterated that the City Council will meet in Executive Session tonight to discuss options and recommendations from City Attorney Peck.

ADJOURNMENT

26. There being no further business to discuss, Ald. Conrad moved to convene into Executive Session under Section 2Ac and 2Ah of the Open Meetings Act for the purpose of discussing real estate acquisition and litigation, seconded by Ald. Michalczyk and carried by unanimous Roll Call vote.

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