MINUTES OF A REGULAR MEETING
CITY COUNCIL OF THE CITY OF COUNTRYSIDE, ILLINOIS
HELD IN THE COUNCIL CHAMBERS ON WEDNESDAY MARCH 24, 2004

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, Michael Smetana, Joseph Fajdich, Karen Michalczyk

ABSENT: Edward Krzeminski, City Administrator Bailey

ALSO PRESENT: City Clerk Herberts, City Treasurer Stoffels, City Attorney Erik Peck, Deputy Police Chief Mallon, Deputy Treasurer Wenzel, Police/Fire Bd. Members Pondelicek, Welch

OMNIBUS AGENDA

2. Approval of Minutes – March 10, 2004.

3. Statement of Bills for the period ending March 24, 2004.

4. Application for a charitable game license from Clear Ridge Baseball Little League, to hold a casino night at Local #150, March 20, 2004, 7 p.m. to midnight (formal approval required).

5. Application for a general business license from Moe Ice Cream, 5215 S. 73rd Ct, Summit. Type: Ice cream truck vendor. Applicant: Mujahid Chaudhry.

6. Treasurer’s Report for the period ending February 29, 2004.

7. Membership: American Planning Association – CDO Muenzer – $213.

8. Membership: Countryside Chamber of Commerce – Administration – $50.

9. Application for a general business license from Que Pasa Cantina Dos, Inc., 6542 Joliet Road. Type: Restaurant. Applicant: Bellamino Calderon (new owner).

10. Membership: Northwest Building Officials & Code Administrators – Building Department – $40.

11. Membership: International City/County Management Association – Administrator – $689.60.

12. Application for a general business license from It Figures, 3 Countryside Plaza. Type: Women’s Fitness. Applicant: Diane Bouse.

13. Advertising agreement with the Village Profile for $3,195.

14. From the Children’s Benefit League of Chicago & Suburbs requesting permission to solicit April 23-24, 2004 at various private property locations.

15. Membership: Illinois Tactical Officers Association – Police Department – $40.

16. Ald. Smetana moved, seconded by Ald. Fajdich, to approve the Omnibus Agenda as presented. Motion carried by unanimous voice vote.

ADDITIONS TO AND/OR DELETIONS FROM THE AGENDA

17. Additions to the Agenda were noted by Mayor LeGant and Ald. Fajdich.

QUESTIONS AND/OR COMMENTS FROM THE AUDIENCE

18. Resident Kathleen Buhe, 1597 Longview Drive, read a prepared statement to the Council concerning the right of leashed dogs to use City parks. She previously presented a petition to Council regarding inequitable use of public lands. New statistics reveal that 40% of the population own dogs; only 1% of dog bites occur in public places. Responsible owners keep their dogs on a leash and remove solid wastes. Responsible owners are barred from City parks, which is unfair. She asked Council to revisit this issue and revise an outdated ordinance banning leashed dogs on public lands based on the current information provided. Council will consider the matter.

19. Resident Kenneth Kuehn is concerned about the Flagg Creek Golf Course, which is owned jointly by the City and the Park District. The newspaper reported a profit of $400,000 last year. The City did not receive its share of money from the golf course; they pay no taxes and do not show a profit; the money disappears. He suggested that the City provide a manager for the golf course and investigate these allegations. Treasurer Stoffels stated that the City is reviewing the information provided and will take appropriate action. The projected profit figure for 2004 is $57,000 and over $100,000 for 2005. The City normally gets a yearly check from the golf course in the Fall. Ald. Smetana stated that while the Caspar report showed no glaring problems, like any corporation it could be improved in certain areas. The golf course was never purchased to pay for itself or make a profit; the main objective was to Keep it Green. Treasurer Stoffels stated that Mr. Bailey is out of town; the Finance Committee will definitely review the Caspar study and investigate the matter prior to budget approval.

20. Allen Smuda, a Willow Springs resident, read a prepared statement on behalf of IBEW Local 21, which represents 11,000 telecommunications workers in Illinois and NE Indiana. He is here to provide certain facts to assist the City leaders in making decisions related to Comcast and the effect those decisions will have on community residents. Comcast is a monopoly provider of TV service; communities have discovered system safety problems and electrical code violations. While certain systems have been upgraded, much of the wiring to subscribers’ homes is 20-30 years old and incapable of sufficiently delivering the latest applications. Another problem involves privacy concerns; they claim the right to share personal information with whomever they choose. Their franchise fee to offer cable service in this community is 5%; they were granted rights to run cables over and under streets but they don’t want to pay the franchise fee on new offerings, such as high-speed internet and telephone service. They overcharge consumers; in the past ten years rates have increased yearly up to three times the rate of inflation. It is time to fight back; the City should hold hearings to review all Comcast practices in the community and let Comcast know the citizens oppose these practices. Copies of the statement were presented to the Council.

21. John VonDrasek, 6727 Lorraine Drive, is rebutting the dog issue. He described two incidents with stray dogs wherein he called the Police Department to remove the animals. He suggested that the City provide a dog park as an alternate solution. Ms. Buhe stated that stray dogs are not leashed. To discriminate against legitimate responsible owners is not fair. Council will review this matter at a later time

MAYOR’S REPORT

22. Mayor LeGant presented Kimberly Benkert, representative to the IM Civic Center Authority. Ms. Benkert provided an update to the report which will be appearing in the Spring Bulletin. She is preparing the Annual Budget; dues requests from several communities make up the budget; they will meet tomorrow for a strategic planning session. There is currently a civil action pending against a driver for an illegal dump at the Santa Fe Prairie; the Civic Center Authority hopes to be the beneficiary in the form of fines to assist in moving forward with other projects. They are focusing on bike paths and connecting bike trails; she suggested that Countryside participate in that capacity. She hopes to come back with a plan or proposal to lobby for state and/or federal dollars to pursue that end. The Rendezvous will take place in September.

23. Mayor LeGant sought approval of a Class J-2 Liquor License (transfer to new owner) Bellamino Calderon d/b/a Que Pasa Cantina Dos, Inc., 6542 Joliet Road. Ald. Smetana moved, seconded by Ald. Conrad, to approve the transfer of a Class J-2 liquor license to Que Pasa Cantina Dos, Inc. Motion carried by unanimous voice vote.

24. FYI – Mayor LeGant stated that a public hearing will take place on April 14, 2004 at 7:15 p.m. to discuss the proposed Fiscal Year 2004/05 Appropriation budget.

25. FYI – Mayor LeGant stated that a Vision Workshop will be held at 6:30 p.m. on Tuesday, March 30, 2004 as part of the Comprehensive Plan meeting.

26. Mayor LeGant noted that the WCMC annual dinner meeting will be held on April 23, 2004 at the Rosewood Restaurant, Rosemont, IL; the cost is $65/pp. Ald. Straza moved, seconded by Ald. Conrad, to allow Council Members to attend. Motion carried by unanimous voice vote.

27. Mayor LeGant presented the request from the Advent Christian Church of the Highlands & Day Care Center, 1525 Plainfield Road, to annex into the City. They are located on the southwest corner of Plainfield Road and Willow Springs Road. Members of the congregation were present and stated that many parents of day care students are residents of Countryside; they seek additional police protection and City services provided by Countryside. Ald. Conrad moved, seconded by Ald. Straza, to authorize the attorney to prepare the Petition for Annexation into the City. Motion carried by unanimous voice vote.

28. Mayor LeGant presented the invitation from the LaGrange Pet Parade Spectacular requesting officials’ participation in the June 5, 2004 parade.

29. A Remembrance Ceremony will take place on April 17, 2004, 10:00 a.m. at Memorial Park, 55th and Plainfield Road, commemorating the 30th anniversary of the death of Countryside Police Officer Joseph Jankowski, killed in the line of duty on April 6, 1974 while conducting a traffic stop. His supreme sacrifice has not diminished with time. His family members, friends, Countryside Police Department and Members of the City Council will be present; all residents are invited to attend.

COMMITTEE REPORTS

FINANCE COMMITTEE, TREASURER STOFFELS, CHAIRMAN, presented recommendations from the Finance Committee meeting of March 17, 2004:

30. Treasurer Stoffels presented the request from I & M Canal National Heritage Corridor for a donation of $1,500. Ald. Smetana moved, seconded by Ald. Michalczyk, to approve the request. Motion carried by unanimous voice vote.

31. Treasurer Stoffels stated that the Committee approved a donation to the LTHS Post Prom Celebration in the amount of $300. Ald. Smetana moved, seconded by Ald. Straza, to approve the donation. Motion carried by unanimous voice vote.

32. Treasurer Stoffels stated that the Committee approved a donation to the Helping Hand Rehabilitation Center’s Grand Raffle in the amount of $600. Ald. Smetana moved, seconded by Ald. Conrad, to approve the donation. Motion carried by unanimous voice vote.

33. Treasurer Stoffels stated that the Committee approved a donation to the Rotary Club Diamond Achievement Award in the amount of $1,500 to purchase four tickets. Ald. Smetana moved, seconded by Ald. Conrad, to approve the donation. Motion carried by unanimous voice vote.

34. Treasurer Stoffels stated that the Committee approved a donation to the American Legion’s 50th Anniversary Party on May 22 and the purchase of four tickets at $28 each for a total of $112. Ald. Straza moved, seconded by Ald. Smetana, to approve the donation. Motion carried by unanimous voice vote.

35. Treasurer Stoffels stated that the Committee approved a $50 ad in the WSCC Community Awards brochure. Ald. Smetana moved, seconded by Ald. Straza, to approve the purchase of a $50 ad. Motion carried by unanimous voice vote.

36. RECREATION COMMITTEE – ALDERMAN CONRAD, CHAIRMAN presented the recommendation of Director Wilson to purchase T-shirts from Sports Station for the 2004/05 Recreation season in the amount of $5,455. Ald. Conrad moved, seconded by Ald. Straza, to approve the expenditure. Motion carried by unanimous voice vote.

37. POLICE COMMITTEE – ALDERMAN CONRAD, CHAIRMAN, presented the request of the three commissioners of the Fire & Police Board to attend the Fire & Police Commissioners Spring Seminar in Champaign, IL on April 23-25, at a cost of $959.50 plus normal travel expenses. Ald. Conrad moved, seconded by Ald. Smetana, to approve the expenditure. Motion carried by unanimous voice vote.

38. BUILDING DEPARTMENT – ALDERMAN FAJDICH, CHAIRMAN, stated that a total of 21 building permits were issued during the month of February amounting to $14,006; two free permits were issued as well; one for a tear-down.

STREETS & ALLEYS COMMITTEE – ALDERMAN SMETANA, CHAIRMAN, presented recommendations from the committee meeting prior to this meeting:

39. The first recommendation is to add Phase Two to the 2004 Street Rehabilitation project. The City Engineer recommended going forward since prices are extremely competitive. The engineer’s estimate is an additional $161,000 to this year’s program for Catherine Avenue from 55th to 53rd St., Ashland Avenue from 57th to 55th St., two half alleys one west of Madison and one west of Ashland. Ald. Smetana moved, seconded by Ald. Straza, to approve the extra expenditure. Motion carried by unanimous voice vote. Monies will come from the MFT funds. Mr. Fitzgerald will prepare a Resolution for the next meeting.

40. Ald. Smetana sought approval for asbestos removal at City Hall and the public works building per the proposal of JMS Environmental in the amount of $9,350. Ald. Smetana moved, seconded by Ald. Conrad, to approve the expenditure. Motion carried by unanimous voice vote.

41. Ald. Smetana recommended approval of the low bidder, Crown Recycling & Waste Services, to perform the 2004 Spring Clean-Up for the City from May 17, 18,19, 2004, Monday, Tuesday and Wednesday. The City will send out flyers advertising the event. Ald. Smetana moved, seconded by Ald. Straza to approve the expenditure. Motion carried by unanimous voice vote.

LEGAL REPORT

42. City Attorney Robert Peck presented the PC/ZBA recommendation for subdivision into two single family lots at 9644 W. 58 St. On March 2, 2004 a hearing was held on the application of Frank and Margaret Maresh for preliminary and final approval of a Plat of Subdivision. They presented the proposed site plan, which provides for two lots that are in compliance with the zoning code; they are not requesting any variances. The PC/ZBA recommended approval subject to applicant providing the Mylar with all required signatures to the Building Commissioner for review by the City Engineer. Ald. Smetana moved, seconded by Ald. Michalczyk, to concur with the recommendation of the PC/ZBA. Motion carried by unanimous voice vote.

Clerk Herberts declared that this will be known as ORDINANCE 04-12-O.

43. Attorney Peck presented the PC/ZBA recommendation for a variance in order to update the existing used car sign of Continental Nissan at 5750 LaGrange Road. At the hearing held on March 2, 2004, applicant sought construction of a second freestanding sign. The PC/ZBA noted that the petitioner has complied with all the requirements necessary for granting the sign variance and they recommended approval. Ald. Conrad moved, seconded by Ald. Smetana, to concur with the recommendation of the PC/ZBA. Motion carried by unanimous voice vote.

Clerk Herberts declared that this will be known as ORDINANCE 04-13-O.

44. Attorney Peck discussed amending the Ethics and Curfew Ordinances. The state legislature has crafted a new law regarding ethics and gifts. They also provided a sample ordinance for municipalities to use; Council has been provided a copy of that ordinance for review. Mr. Peck will draft the appropriate language for the City if so directed. Ald. Smetana moved, seconded by Ald. Straza, to authorize the attorney to revise and prepare the draft ordinance. Motion carried by unanimous voice vote.

45. Attorney Peck noted that the second item in the memo regards curfew of minors. The federal courts have made additional requirements on police departments and municipalities with regard to their ordinances. They require municipalities to provide defenses for minors if picked up on a curfew charge, that is, if they are going to church, coming back from school, etc. Sample ordinances from the City of Chicago and other cities have been provided. He will go through those ordinances and revise the city’s curfew law so it is in compliance with the additional requirements. Ald. Conrad moved, seconded by Ald. Smetana, to authorize the attorney to prepare the draft ordinance. Motion carried by unanimous voice vote.

STAFF REPORTS

46. City Engineer Fitzgerald presented estimate #4 and semi-final for the traffic signal installation at Joliet Road & Circuit City to Lyons Electric Co. in the amount of $11,348.20. Ald. Smetana moved, seconded by Ald. Fajdich, to approve the expenditure. Motion carried by unanimous voice vote.

47. Mr. Fitzgerald presented estimate #7 and final for payment of the 2003 Water Main project to Unique Plumbing Co. in the amount of $91, 099.78. Ald. Smetana moved, seconded by Ald. Fajdich, to approve the expenditure. Motion carried by unanimous voice vote.

48. Mr. Fitzgerald sought approval of a change order for the 2003 Water Main project in the amount of $80,802.63. Ald. Smetana moved, seconded by Ald. Fajdich, to approve the expenditure. Motion carried by unanimous voice vote.

ADJOURNMENT

49. There being no further business to discuss, Ald. Smetana moved, seconded by Ald. Conrad, to adjourn the meeting. Motion carried by unanimous voice vote.

Mayor LeGant declared the meeting adjourned at 8:37 p.m.

SHIRLEY C. HERBERTS, CITY CLERK