MINUTES OF A REGULAR MEETING
CITY COUNCIL OF THE CITY OF COUNTRYSIDE, ILLINOIS
HELD IN THE COUNCIL CHAMBERS ON WEDNESDAY, JUNE 14, 2006

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 in place of Clerk Herberts.

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

ABSENT: City Clerk Herberts

ALSO PRESENT: Acting Clerk Bartelt, City Treasurer Stoffels, City Attorneys Erik & Robert Peck, City Admin. Bailey, Police Chief Swanson, City Engineer Fitzgerald, Finance Director Filinovich, PC/ZBA Chrm. Fullmer, DPW Supt. Fullar, Police/Comm. member Welch

PROCLAMATION OF APPRECIATION

2. Mayor LeGant announced a departure from the regular Agenda in order to accommodate a special guest. The City of Countryside is the recipient of grant funds for the beautification of LaGrange Road. House of Repesentatives Speaker Michael Madigan is here tonight to present the grant in the amount of $842,000 to the City of Countryside. Speaker Madigan stated that he shares the joy of working cooperatively with the City administration in achieving this grant from the Illinois Transportation Enhancement Program for the LaGrange Road Streetscape. Mayor LeGant, on behalf of the City, read aloud a Proclamation of Appreciation directed to Speaker Madigan thanking him for his support of the program; he has been instrumental in assisting the City in receiving matching funds in the amount of $842,000. Mayor LeGant signed and presented the Proclamation to Speaker Madigan, dated June 14, 2006. He also acknowledged the assistance of Serafin & Associates and former CDD Mark Muenzer who contributed greatly to the successful completion of this project. Speaker Madigan stated that this is one opportunity where local government actually gets money back from the State. The audience applauded the Speaker’s remarks and thanked him again for his assistance.

OMNIBUS AGENDA

3. Approval of Minutes of May 24, 2006.

4. Statement of Bills for the period ending, June 14, 2006.

5. Application for a general business license from CARDINAL FITNESS OF COUNTRYSIDE, LLC, 9825 W. 55th St. Type: Fitness center. Applicant: Peter Vrdolyak.

7. Application for a general business license from SIMCO FORMAL WEAR, 5436 Dansher Road. Type: Warehousing. Applicant: Sonali Sheth.

8. Application for a general business license from BEEF N BRANDY, 5545 LaGrange Road. Type: Restaurant. Applicant: John Colovos (new owner).

9. Application for a general business license from THE MOOD, 7157 S. Willow Springs Road. Type: Bar and grill. Applicant: Ray Dolgner (change to corporation).

10. Application for a general business license from LA GRANGE COIN & STAMP, INC., 25 W. Plainfield Road. Type: Retail Sales. Applicant: William Burd.

11. Application for a general business license from AMERICAN TAXI DISPATCH, INC., 834 E. Rand Road, Mt. Prospect, IL. Type: Taxicab Company. Applicant: Sally Beck.

12. Application for a general business license from HIGHLAND PLAZA CLEANERS, 917 W. 55th St. Type: Dry cleaners. Applicant: Young Hyun (new owner).

13. Application for a general business license from BROOKFIELD CAB & LIVERY, 3706 Grand Blvd. Type: Taxi company. Applicant: Arlene Musial.

14. Application for a general business license from Molkey Rabbeh, Good Humor Ice Cream, 5211 S. 73rd St. Summit, IL. Type: Ice cream truck. Applicant: Molkey Rabbeh.

15. From Simon Property Group requesting permission to conduct a sidewalk sale in the Plaza July 6-9, 2006 from 10 am to 8 pm.

16. From the Bank of Countryside, 6734 Joliet Road, requesting permission to hold their 4th Annual Kids’ Safety Day in the parking lot on June 17, 2006 from 11 am-1pm.

17. From Christopher Lim requesting permission to hold a second international breakdance event at Park Place, 6240 Joliet Road on July 8, 2006 2 pm to midnight.

18. Request from Mary Zimmerman, 5801 Longview, to hold a block party on July 8, raindate July 9, 2006, 4-9 pm.

19. Request from Erik Snyder to hold a Mixed Martial Arts event at Local 150 on October 7, 2006, 7 pm to 11 pm.

20. From Misericordia requesting permission to hold Candy Days on April 27-28, 2007 at various locations.

21. Membership: West Central Municipal Conference – Administration – $4,258.34.

22. Membership: WCMC Council of Mayors Due – $1,162.68.

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

ADDITIONS TO AND/OR DELETIONS FROM THE AGENDA – none

QUESTIONS AND/OR COMMENTS FROM THE AUDIENCE

24. Resident Vicky Thesi, 9911 – 57th St. stated that six weeks ago she received a water bill in the amount of $864. She was unaware of the fact that her water meter has not been working for two years. The remote reader did not detect a problem with her meter; her water consumption was not properly recorded. Her meter is located in the crawl space and inaccessible. The Municipal Code states she is responsible for water usage regardless of a faulty meter. The responsible employee has resigned. Mrs. Thesi seeks relief from the City since payment of this amount constitutes a hardship.

24A. Mayor LeGant asked Mr. Bailey to read his letter of 6-6-06 aloud. The letter provided the financial activity report for their water account from April 2, 2001 to the present. From June 2004 to March 2006, no consumption was reported for her residence and she was sent the minimum water bill. From April 2001 to June 2004, the average water consumption for her residence was approximately 31 units resulting in water bills of $128. The $864 bill fairly represents the consumption during the time she was receiving the minimum bill. When there is meter failure, the consumer shall be charged at the rate shown for the corresponding time for the previous year under like conditions. The City is willing to arrange a payment plan. It is rare for water meters to fail; the City apologized for the inconvenience this has caused. Disciplinary action was initiated against the responsible employee, who has recently resigned her position. Given the billing history, the resident should have questioned the City when the bill decreased from $128 to $20. Mrs.Thesi stated during that time the City altered its billing cycle procedures from two months to one month. The water employee should have noticed something was wrong. The City can only go with the previous history of usage.

24B. Ald. Smetana believes that two years is excessive for this problem to continue. He suggested that the City split the difference with Mrs. Thesi. Ald. Michalczyk stated that a similar problem occurred with the condo association resulting in a bill for $30,000. Another business in town also had a similar problem. Mrs. Thesi stated that she would be happy with that solution. Ald. Smetana moved to waive 50% of the water charge for Mrs. Thesi, seconded by Ald. Pondelicek. Motion carried by Roll Call vote.

YES: Ald. Smetana, Ald. Pondelicek, Ald. Conrad, Mayor LeGant

NAYS: Ald. Von Drasek, Ald. Straza, Ald. Michalczyk

CARRIED: 4/3

25. Resident Ron Lapka, 9609 W. 57 St. made several suggestions for the Council to consider. Eastbound 55th St. to LaGrange Road by Dunkin Donuts, he asked if IDOT could provide a right turn light for traffic going south. Engineer Fitzgerald stated that both streets are under IDOT jurisdiction; they are doing a Phase I Study working with capacity issues at that intersection. Mr. Lapka asked the City to send them a letter seeking review of the situation.

25A. Another 55th St. problem on Catherine, Ashland and Madison, there is a right-turn only during hours of 7-9 am and 4-6 pm. He asked the City to do the same thing for 56th, 57th and 58th St. off LaGrange Road; traffic is trying to avoid lights and traveling down the side streets. He asked for a strip counter to see how many cars are traveling the side streets on a daily or weekly basis. Mayor LeGant asked the Engineer to add this problem to the IDOT letter. Chief Swanson believes it is a good idea to add a counter; he will give the resulting figures to Mr. Fitzgerald.

25B. Another idea – Chicago has stop light cameras; it would help to have these on 55th St. Joliet Road, LaGrange Road – people are running red lights in large numbers. Chief Swanson stated that they are costly units but they will review the issue. Ald. Straza suggested contacting the Comptroller Roy Campbell from the Village of Bellwood; they instituted that program. Mayor LeGant stated that the City will do whatever it can in that regard.

26. Resident Jerry Welch, 1210 W. 55th Place, Item 14 on the Omnibus Agenda, relating to the Good Humor Ice Cream Truck. He asked whether restrictions are warranted since there have been complaints. Children are in danger of dashing into the street with no regard for traffic. Ald. Von Drasek noted complaints from residents; music is a nuisance. The City should do a background check on these vendors and limit hours of operation. The Mayor asked for input on the matter and will pursue a solution.

MAYOR’S REPORT

27. Mayor LeGant appointed Alderman Robert Conrad as Mayor Pro Tem as per Section 1-5C-7 of the Municipal Code, whenever the Mayor is temporarily absent or disabled. Ald. Michalczyk moved to approve the appointment, seconded by Ald. Smetana and carried by voice vote. Ald. Conrad abstained.

28. Mayor LeGant presented the request of John Colovos for a Class J Liquor License in conjunction with a change in ownership of Beef N Brandy Restaurant. Ald. Von Drasek moved to approve the request, seconded by Ald. Michalczyk and carried unanimously.

29. Mayor LeGant discussed the application for a special event license for Countryfest, July 20-23, 2006 to allow for beer/wine sales. Ald. Conrad moved to approve the application, seconded by Ald. Smetana and carried unanimously.

COMMITTEE REPORTS

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

30. The Committee recommended that the City Council approve a sales tax increase of one-quarter of one per cent for the coming year effective January 1, 2007. Ald. Smetana moved to approve the recommendation, seconded by Ald. Conrad and carried by voice vote – 4/2. Ald. Michalczyk and Ald. Von Drasek opposed.

Acting Clerk Bartelt declared that this will be known as ORDINANCE 06-20-O.

31. The Finance committee seeks authorization to allow the Finance Director to exercise concurrent authority with the Treasurer. Ald. Smetana moved to allow the Finance Director to exercise the powers and duties granted to the City Treasurer, seconded by Ald. Pondelicek and carried by unanimous voice vote.

Acting Clerk Bartelt declared that this will be known as ORDINANCE 06-21-O.

32. The Committee recommends the Walk for Cancer – Betty Scheck Memorial – to approve the purchase of four tickets at a cost of $120. Ald. Smetana moved to approve, seconded by Ald. Pondelicek and carried unanimously.

33. The Committee recommends participation in the Rotary Club of Countryside golf outing on June 23, 2006 at Flagg Creek Golf Club, $50 per player, $20 dinner only. Approval for the Council and Department Heads on a first come, first served basis for a maximum of $200 expenditure. Ald. Smetana moved to concur with the recommendation, seconded by Ald. Conrad and carried unanimously.

34. The Committee recommends the 2006 Spring Appeal – American Cancer Society – donation of $300. Ald. Straza moved to approve, seconded by Ald. Smetana and carried unanimously.

35. The Committee recommends donation to the Goombay Bash Cancer Research program for the second year in the amount of $200. Ald. Smetana moved to approve, seconded by Ald. Conrad and carried unanimously.

36. INFRASTRUCTURE COMMITTEE – ALDERMAN SMETANA, CHAIRMAN, presented recommendations from the meeting of June 5, 2006. The first is consideration for Little Joe’s Restaurant to use the parkway on 6th Ave. for diagonal parking. Anna Cumbo asked for permission to do so because parking is a real problem in the area. Attorney Peck stated that she must be licensed and indemnify the City for that property; construct the parking area at her cost — approximately 75 feet of parallel parking. It appears that parking could not be solely limited to her business customers. Attorney Peck should work with her in developing a license; the City needs to know the exact boundaries necessitating a survey to determine what improvements take place.

The motion should authorize the City attorneys to work with Mrs. Cumbo to develop a plan for a license and terms of usage. Ald. Straza stated that if she sells the property it must be returned to its original use. Engineer Fitzgerald will review safety issues. Ald. Smetana moved to authorize Attorney Peck to work with Mrs. Cumbo to develop a plan for license and terms of usage, seconded by Ald. Pondelicek and carried unanimously.

37. Ald. Smetana sought consideration of a curb cut on 58th St. to accommodate ingress/egress to the proposed Pot Belly’s Sandwich Shop request, 5801 LaGrange Road. That is the site of the present Brown’s Chicken; getting in and out is a problem without the curb cut. The cut would allow left turn only out into 58th St. and towards LaGrange Road. The business will not move forward without the curb cut. Engineer Fitzgerald stated that is a bit unconventional but it can be done. Ald. Smetana moved to approve the tentative curb cut allowing for a left turn only pending proper design and safety issues, seconded by Ald. Pondelicek and carried unanimously. Mr. Bailey will advise the business that the City is wiling to work with them re: curb cut approval.

38. HUMAN RESOURCES COMMITTEE – ALDERMAN PONDELICEK, CHAIRMAN, presented recommendations regarding salary increase for non-represented employees of the City. The Committee recommended a4% increase. Ald. Pondelicek moved to concur with the recommendation, seconded by Ald. Smetana and carried unanimously. Ald. Conrad suggested that an evaluation be done in the near future and provide the Council with an update in six months. Ald. Pondelicek agreed.

39. RECREATION COMMITTEE – ALDERMAN CONRAD, CHAIRMAN, presented a recommendation from Director Wilson to hire summer employees for the recreation programs – soft ball, Fun in the Park, etc. Most are returning part time employees; documents are available for review in the Clerk’s Office. Ald. Conrad moved to approve hiring the part-time summer employees, seconded by Ald. Straza and carried unanimously.

40. Ald. Conrad stated that the Summer Concert series began last week. There was a very nice turnout last Thursday with a Beatles take-off group. This week a Big Band orchestra is on the agenda; all are welcome to enjoy the entertainment.

WATER COMMITTEE – ALDERMAN STRAZA, CHAIRMAN, presented recommendations from the committee meeting held earlier this evening.

41. The Committee recommended approving the bid for the Water System pump repair – the low bidder was Bellwood Electrical Motors, Inc., in the amount of $5,100. Ald. Von Drasek moved to approve the expenditure, seconded by Ald. Smetana and carried unanimously.

42. The Committee also discussed total water renovation system with a new three-year schedule for all water system improvements in conjunction with the outstanding study completed by Novotny & Assoc. advising the City of its needs. The Committee recommends acceptance of the three-year schedule for water improvements. Ald. Smetana moved to concur with the recommendation, seconded by Ald. Von Drasek and carried unanimously.

43. The Committee discussed amending Section 7-6-4A regarding penalty fees and required information from new water customers. Ald. Smetana moved to accept the amendment as presented, seconded by Ald. Von Drasek and carried unanimously.

44. The Committee also discussed amending Section 7-6-2C regarding return of water deposits on accounts. He seeks a motion to accept the amendment as well as new forms generated by the Finance Director for new customers. Ald. Von Drasek moved to approve the amendment as presented, seconded by Ald. Smetana and carried unanimously.

Acting Clerk Bartelt declared that both amendments will be known as ORDINANCE 06-22-O.

45. LICENSE COMMITTEE – ALDERMAN VON DRASEK, CHAIRMAN, presented the request of Cardinal Fitness to locate a pre-sales trailer at the new location of 9825 W. 55th St. The Building Department has made provisions regarding the location of the trailer and length of time. Bill Hudson will oversee this request. Ald. Von Drasek moved to approve the request, seconded by Ald. Smetana and carried unanimously.

LEGAL REPORT

46. City Attorney Peck presented a draft ordinance amending the Class O Liquor License. He provided some background history including the recent notification from the Illinois Liquor Control Board that charges were brought against C & J Wine. They were selling other alcoholic beverages — while their office was in Countryside, their stock was in Franklin Park. Based upon that, they were not confining their sales to wine and champagne, and were not confining sales in conjunction with special events and celebrations. The Mayor held a hearing on the revocation of license of C & J; the matter was continued twice. At the most recent session C & J came in with an agreed order from the Illinois Liquor Control Board which resolved all the issues. C & J promised to keep stock where the main office is located here in Countryside. They take orders for certain brands and then fill those orders or have them picked up. They sell the product retail and are paying sales tax which the City of Countryside collects. The Mayor instructed Mr. Peck to prepare a draft ordinance which will amend the Class O Liquor License to allow what C & J is doing, that is, taking orders and selling product, but stock first must be brought to Countryside; they will pick up their stock at the warehouse, bring it to Countryside and then deliver it from here to get the sales tax. Ald. Smetana moved to approve the draft ordinance as presented, seconded by Ald. Conrad and carried unanimously.

Acting Clerk Bartelt declared that this will be known as ORDINANCE 06-23-O.

47. Attorney Peck presented the draft resolution establishing the Prevailing Wage rate. The City has adopted the minimum prevailing wage for laborers on public works projects as determined by Illinois Department of Labor. Ald. Smetana moved to adopt the Resolution as presented, seconded by Ald. Von Drasek and carried unanimously.

Acting Clerk Bartelt declared that this will be known as RESOLUTION 06-11-R.

48. Attorney Peck stated that the following two items – Krause Construction and Clocktower Pointe – will be tabled pending further notification of completion.

ADMINISTRATOR’S REPORT

49. City Administrator Bailey presented engineer’s pay estimate #2 for Emergency Generator Replacement in the amount of $104,152 to Richmond Electric Company of Berwyn, IL. Ald. Smetana moved to approve payment, seconded by Ald. Pondelicek and carried unanimously.

50. Mr. Bailey presented engineer’s pay estimate #2 for the 2006 Water Main Replacement in the amount of $324,298.80 to Swallow Construction Company, Downers Grove, IL. Ald. Straza moved to approve payment, seconded by Ald. Smetana and carried unanimously.

51. Mr. Bailey presented the recommendation to award the 67th St. Ditch Retaining Wall to Copenhaver Construction, Gilberts, IL in the amount of $48,384. Ald. Michalczyk moved to approve payment, seconded by Ald. Smetana and carried unanimously. Ald. Von Drasek thanked Ald. Michalczyk and Ald. Smetana who have worked for years to get this ditch fixed; thanks also to Mr. Fitzgerald.

52. Mr. Bailey presented the recommendation to award house demolition of 9540 W. 56 St. to American Demolition Corp., Elgin Il in the amount of $28,470. Ald. Smetana moved to approve payment, seconded by Ald. Von Drasek and carried unanimously.

53. City Engineer Fitzgerald discussed repaving the lot where Countryfest will be held. Engineer’s estimate was $76,000 for a skin coat; a 1 å_ overlay would add $6,000.

ADJOURNMENT

54. There being no further business to discuss, Ald. Conrad moved to convene into Executive Session under Section 2B1 of the Open Meetings Act for the purpose of discussing personnel. Motion carried by unanimous Roll Call vote.

Mayor LeGant declared the meeting adjourned at 8:45 p.m.

SHIRLEY C. HERBERTS, CITY CLERK