MINUTES OF A REGULAR MEETING
CITY COUNCIL OF THE CITY OF COUNTRYSIDE, ILLINOIS
HELD IN THE COUNCIL CHAMBERS ON WEDNESDAY, JULY 28, 2010

1. 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, Robert Pondelicek, Sean McDermott, John Von Drasek

ABSENT: Ald. Michael Smetana

ALSO PRESENT: City Clerk Sweeney, City Treasurer Jasinski, City Attorney Erik Peck, City Admin. Paul, Sgt. John Mikel, Asst. Admin. Peterson, City. Eng. Fitzgerald, Fin. Dir. Drazner, ESDA Coord. Norman, Police/Fire Bd. Chrm. Welch, Bldg. Dept. Tisinai.

OMNIBUS AGENDA

2. APPROVAL OF MINUTES: July 14, 2010.

3. STATEMENT OF BILLS through July 28, 2010: $314,854.00.

4. Application for a special use from Heirloom Furniture Gallery, 6150 LaGrange Road to hold a sidewalk sale during store hours for the month of August 2010.

5. From the Kiwanis Club requesting permission to solicit at 55^th & LaGrange Road September 23-25, 2010 contingent upon receiving all required material.

6. TREASURER’S REPORT – for the months of May and June 2010(previously distributed in Finance packet).

7. Application for a general business license from PIERCE EQUIPMENT CO., 5301 Dansher Road. Type: Warehouse. Applicant: Danny Pierce.

8. Ald. Von Drasek moved to approve the Omnibus Agenda minus the business license for Pierce Equipment, seconded by Ald. McDermott and carried unanimously.

ADDITIONS TO AND/OR DELETIONS FROM THE AGENDA

9. One addition was noted by Treas. Jasinski and three additions by Mayor Conrad.

QUESTIONS AND/OR COMMENTS FROM THE AUDIENCE

10. Maryann Mestamaker, 5405 – 7^th Ave. registered frustration with the intersection of Bobolink & 7^th Ave; it is a low spot and is prone to regular flooding, however, the water was five feet deep with flowing current this past week. She had one foot of water in her basement. She suggested that the City and Lyons Twp. Sanitary District investigate to remedy the situation. She left the paper complaint with the City Council.

11. Anthony Zec, 10851 Cantigny Road, registered a complaint with the traffic noise from I-294 expressway, especially in the summer. It is not as bad in the winter. He asked for a community effort to assist with noise suppression.

MAYOR’S REPORT

12. Mayor Conrad stated that Council will consider and approve a contract for the appointment and employment of the new Police Chief. This will be discussed in Executive Session; Council will return to the Regular session to vote on this matter.

13. Mayor Conrad commended Steve Norman ,ESDA members and the entire Police Department for working double shifts during the recent flooding. The Public Works Department worked very hard in knee-deep water at 55^th & LaGrange. Life-long residents have never seen such flooding; everyone is suffering from horrific storm damage. Countryside is a bit more fortunate than other communities, but that is small consolation to those whose belongings are ruined.

14. Mayor Conrad has free passes for elected officials to the Illinois State Fair in Springfield for Officials’ Day, on Saturday, August 14. Please let the Clerk’s Office know if you are interested in attending.

15. Governor Quinn has deemed the entire Cook County a disaster area. Mayor Conrad read aloud and signed an emergency Proclamation tonight; this will be put on the Agenda for the next meeting. The Proclamation states that an emergency exists in the City of Countryside due to storm damage and flooding on July 24, 2010 with damage to residential structures. This Proclamation was signed by the Mayor on July 28, 2010. Ald. McDermott moved to approve the Proclamation as presented, seconded by Ald. Straza and carried by unanimous Roll Call vote 5/0/1.

TREASURER’S REPORT

16. Treasurer Jasinski as Finance Committee Chairman, stated that the Finance Committee recommends a Resolution initiating the Submission of a Public Question to Support Regional Actions to Attain Long-Term Pension Sustainability. Ald. Straza moved to approve, seconded by Ald. Michalczyk and carried unanimously.

Clerk Sweeney declared that this will be known as RESOLUTION 10-7-R.

CITY CLERK’S REPORT

17. City Clerk Sweeney sought a motion adopting the Approved release of Executive Session minutes for public inspection. Ald. Michalczyk moved to release the approved Executive Session minutes, seconded by Ald. Von Drasek and carried unanimously.

Clerk Sweeney declared that this will be known as RESOLUTION 10-8-R

COMMITTEE REPORTS

18. FINANCE COMMITTEE – TREASURER JASINSKI, CHAIRMAN, noted a correction to the Finance Committee meeting minutes to reflect that discussion of the 50^th Anniversary event re: the use of public v. private funds took place at the EDC meeting of June 3, 2010 and not the Finance Committee meeting.

19. INFRASTRUCTURE COMMITTEE – ALDERMAN MICHALCZYK, CHAIRMAN, presented consideration of waiving the fees associated with appearing before the PC/ZBA in September for a special use variance for the property located at 7023 Willow Springs Road – the former Al’s Hardware property. Atty. Peck discussed the recent ordinance change whereby any business in the City that does not generate 51% of sales tax is considered a special use which requires a PC/ZBA hearing. The Schwartz Construction Co. falls into that category; they are in a commercial area and they don’t generate sales tax. They will require a special use hearing and seek waiver of fees for same. They have been a City business for many years and are moving their location.

20. Atty. Peck addressed Agenda Item D re: issuing a business license to the same business contingent upon them receiving a favorable recommendation before the PC/ZBA hearing in September. If they don’t receive the special use and the ordinance from the City Council, they cannot conduct business in the City. Ald. Michalczyk will address the two other requests. Steve Tisinai stated that the Building Department has no problem with issuing a business license.

21. Atty. Peck stated that the reason for this ordinance was to protect commercial corridors. Due to no levy of real estate tax by the City, the only revenue gained is from retail sales tax. The Schwartz location is not in a high intensity commercial corridor. This is an unforeseen consequence of the ordinance. The City Council will investigate a zoning overlay to protect businesses outside the commercial corridor. Ald. Von Drasek moved to approve waiving fees for the PC/ZBA hearing, seconded by Ald. Michalczyk and carried by Roll Call vote – 5/0/1.

22. Ald. Von Drasek moved to approve issuing the business license for the property located at 7023 Willow Springs Road, contingent upon the September PC/ZBA hearing, seconded by Ald. Michalczyk and carried unanimously.

23. Ald. Michalczyk sought consideration of waiving the fence requirement for the property located at 7023 Willow Springs Road. The required 8’3 fence would create a viewing hazard for cars exiting their respective driveways so the owners have suggested a step-down fence down to four feet running to Willow Springs Road. Ald. Straza moved to approve the step-down fence, seconded by Ald. McDermott and carried unanimously.

24. Ald. Michalczyk sought consideration to waive the code requirement for the stairs at the property located at 7023 Willow Springs Road. Ald. McDermott is opposed to changing the requirement for safety reasons and City liability. Bruce Schwartz, 10840 Crestview Road discussed the history of residential use of the second floor and the special use requirements including sprinkler service. During renovation they built a new staircase to residential code of 7 å_. Pat Schwartz stated they have invested a great deal of money into this building; they added backs to the risers and railings for safety. To now remove the entire staircase and make it commercial code necessitates removing a door and doing additional electrical work, which only adds costs and is ridiculous. Tisinai stated that the mixed occupancy code requirement states that exterior stairways must have 7 risers. He recommends following the Code restrictions in this instance. Ald. McDermott stated that the Code is there to provide the highest level of public safety for residents. He commended the Schwartz’s’ on the beautiful job they have done with the rest of the building renovation. The architect provided a letter showing compliance. Ald. Von Drasek moved to approve waiving the code requirement for the stairs, seconded by Ald. Michalczyk.

Ayes: Von Drasek, Michalczyk

Nays: Straza, Pondelicek, McDermott

Absent: Smetana

Motion denied – 2/3/1.

25. WATER COMMITTEE – ALDERMAN STRAZA, CHAIRMAN, presented the recommendation to rescind the engineering contract for painting the water tower. After discussion at the Water Committee Meeting, the committee recommends rescinding their previous motion and continuing with the original contract to Hancock Engineering Assoc. for $9,000 and move forward to bids without delay. Ald. Pondelicek moved to approve the original contract, seconded by Ald. Von Drasek and carried unanimously.

26. Ald. McDermott stated that the Economic Development Committee will meet in the latter part of August. – date to be determined.

27. Ald. Von Drasek asked the audience to participate in Concert in the Park tomorrow night – New Odyssey will play and Culver’s will be the vendor. He urged everyone to come out and have a good time tomorrow night.

LEGAL REPORT

28. City Attorney Peck presented the agreement between Mercy Housing Lakefront and the City of Countryside for quarterly maintenance inspection fees for the senior apartment building at 6406 Joliet Road. Rather than require Mercy Housing go through another PC/ZBA hearing for special use, he suggested that they get a business license as a rental facility and incorporate the quarterly inspections as part of the agreement presented to Council tonight. The agreement was reviewed and approved by the appropriate attorneys. Ald. Von Drasek moved to approve the agreement as presented, seconded by Ald. Pondelicek and carried unanimously.

29. Attorney Peck presented a draft ordinance extending time for Electronic Sign changes from intervals of once per hour to no more than six times per hour. Ald. Michalczyk moved to adopt the ordinance as presented, seconded by Ald. McDermott and carried by unanimous Roll Call vote – 5/0/1.

Clerk Sweeney declared that this will be known as ORDINANCE 10-33-O.

30. Attorney Peck presented the PC/ZBA recommendation on variations to the fence requirements at 9730 W. 57^th St. On July 6, 2010, Alexander Tomich appeared before the PC/ZBA and requested a variance to allow the fence to be placed 14 feet from the lot line instead of the required 30 feet on the front yard setback. The PC/ZBA heard all the testimony and evidence presented and found that the petitioner had established the requirements for a variance and one was granted subject to construction of the fence in substantial compliance with the proposed location and railing design, copies are attached to the recommendation. Ald. Pondelicek moved to concur with the recommendation of the PC/ZBA, seconded by Ald. McDermott and carried unanimously.

Clerk Sweeney declared that this will be known as ORDINANCE 10-34-O.

31. Attorney Peck presented the PC/ZBA recommendation on a second variation to the fence requirements at 9730 W. 57^th St. On July 6, 2010, Alexander Tomich appeared before the PC/ZBA and requested a variance to the height requirement – seeking a five foot high fence on the above property. The PC/ZBA heard all the testimony and evidence presented and found that the petitioner had established the requirements for a variance and one was granted to permit construction of a five-foot high fence rather than the maximum three feet in the front yard setback on the above real estate subject to construction of the fence in substantial compliance with the proposed location and railing design; copies are attached to the recommendation. Ald. Pondelicek moved to concur with the recommendation of the PC/ZBA, seconded by Ald. McDermott and carried unanimously.

Clerk Sweeney declared that this will be known as ORDINANCE 10-35-O.

32. Attorney Peck presented consideration of a land lease for expansion of the cell tower by Towerco – this company presently uses the cell tower at Public Works; they are seeking additional ground space on the property. The City Engineer has reviewed the plan and has asked them to relocate it slightly so there is no problem for Public Works Department. Towerco LLC will pay an additional $1,000 per month to the City for the additional property rental at the PW Department. Ald. Straza moved to approve, seconded by Ald Michalczyk and carried unanimously.

ADMINISTRATOR’S REPORT

33. City Administrator Gail Paul reminded the audience about the Public Hearing prior to the next Council Meeting on August 11. This will be the first Public Hearing on the Tax Increment Financing (TIF) District.

34. The City received a telephone call from the Illinois Department of Commerce and Economic Opportunity advising the City that it will receive a grant totaling $300,000 for the purchase and installation of streetlights on LaGrange Road. We will work with the City Engineer on the possibility of expanding the streetscape. This is in addition to the $800,000 received from the ITEP grant. ITEP has released another $80 million for streetscape projects; Sharon Peterson is working on that application to see if the City can secure more grant funds. These funds are for new projects only that began on July 1, 2010. Suggestion was made to send a letter to Senator Viverito and Speaker Madigan thanking them for their assistance.

STAFF REPORTS

35. ESDA Coordinator Norman stated that with the Declaration of Emergency there are two forms that residents should fill out if they have suffered damage from the flooding event over the weekend. The Initial Damage Assessment form with instructions and a data collection questionnaire will be available at the Clerk’s Office and posted on line at the City’s Website under the ESDA link. The forms must be returned by next week. Mayor Conrad stated that he will announce the Proclamation and that these forms are available at the Concert in the Park tomorrow night. The Clerk’s Office has a list of residents who phoned in with flooding problems. They will be alerted.

36. Asst. Admin. Peterson presented IDOT invoice #103761 in the amount of $19,181.80 for the City’s 20% portion of the Streetscape project. Ald. Michalczyk moved to approve payment, seconded by Ald. Pondelicek and carried unanimously.

37. Ald. Straza suggested that besides the two officials mentioned, thank you letters should be sent to all sponsors explaining the successful conclusion of City projects.

OLD AND NEW BUSINESS

38. Mayor Conrad introduced the City’s new Finance Director, Steve Drazner. He will be a great addition to City staff. Mayor Conrad stated that after Executive Session the Council will reconvene to the Regular Meeting to vote on the remaining three items.

ADJOURNMENT

39. There being no further business to discuss, Ald. Von Drasek moved to adjourn into Executive Session under Section 2Ah and 2Ac of the Open Meetings Act for the purpose of discussing litigation and real estate, seconded by Ald. Straza and carried by unanimous Roll Call vote – 5/0/1.

Mayor Conrad declared the meeting recessed at 8:26 p.m.

* * *

40. The Regular City Council Meeting returned to Open Session with the same members present at 9:46 p.m.

41. Item F from the Omnibus Agenda re: Pierce Equipment, after discussion Ald. Pondelicek moved to approve the business license, seconded by Ald. Straza and carried by Roll Call vote – 3/2/1.

42. Mayor Conrad appointed Michael Ruth as the new Chief of Police. Ald. Von Drasek moved to approve, seconded by Ald. McDermott and carried unanimously.

43. Ald. McDermott moved to approve the revised agreement with South Lyons Twp. Sanitary District, seconded by Ald. Straza and carried unanimously.

44. The real estate contract for 6161 Joliet Road and the Redevelopment Agreement with AutoBarn are tabled to the next meeting. Ald. Pondelicek moved to postpone both items to August 11, 2010, seconded by Ald. Von Drasek and carried unanimously.

Ald. Straza moved to adjourn the meeting, seconded by Ald. Pondelicek and carried unanimously.

Mayor Conrad declared the meeting adjourned at 9:49 p.m.

SHARON SWEENEY, CITY CLERK