MINUTES OF A REGULAR MEETING
CITY COUNCIL OF THE CITY OF COUNTRYSIDE, ILLINOIS
HELD IN THE COUNCIL CHAMBERS ON WEDNESDAY, MAY 28, 2003

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, Edward Krzeminski, Joseph Fajdich Karen Michalczyk

ALSO PRESENT: City Clerk Herberts, City Treasurer Stoffels, City Attorneys Robert and Erik Peck, City Administrator Bailey, Police Chief Swanson, City Engineer Fitzgerald, Deputy Treasurer Wenzel, Comm. Dev. Officer Muenzer

OMNIBUS AGENDA

2. Approval of Minutes: Regular City Council Meeting of May 14, 2003. Special Minutes of May 8, 2003.

3. Statement of Bills for the period ending May 28, 2003.

4. Subscription: Illinois Law Enforcement Training & Standards Board Executive Institute – Police Department – Cost: $40.

5. Application for a general business license from El Jalapeno, 6934 W. 79th St., Burbank, IL to operate a food dispensing vehicle. Applicant: Maria Maldonado.

6. Application for a special use permit from State Bank of Countryside, 6734 Joliet Road, to conduct a two-hour Kid’s Safety Day, June 7, 2003, 11 a.m. – 1 p.m. Request waiving $50 fee for tent permit.

7. Treasurer’s Report for the period ending April 30, 2003.

8. From the LaGrange Knights of Columbus to solicit at various locations on September 19-20, 2003.

9. 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

10. One addition to the Agenda was noted by Ald. Krzeminski.

QUESTIONS AND/OR COMMENTS FROM THE AUDIENCE

11. Mayor LeGant stated that numerous people in the audience interested in the annexation issue should meet with City Attorney Erik Peck at this time. He has a City Map for review to determine the parcels in question; the meeting will take place upstairs. Several members of the audience left the hearing room for the meeting with Mr. Peck. They will return later in this meeting to discuss the

outcome.

12. Patty Herbst, Executive Director of Center for Independence, stated that they serve 72 children with cerebral palsy. They occupy the first floor of the building located at 100 W. Plainfield Road. The City has generously agreed to build a fence south of the property. They also purchased a triangular piece of property just south of that, which is undeveloped. For the last year that parcel remains unused because they cannot safely transfer kids from the classroom to the grassy area. Now UPS is building a fence around that grassy area and will make the exit door accessible to enable children to be moved outdoors. They will be having summer camp for 52 children with physical disabilities. She requests that the City Council look at vacating the alley behind the building for their purposes. A lot of traffic goes thru the alley to take a short cut to LaGrange Road, 55th St. or Madison Ave. The problem now is that children will be using the area and it is not a safe situation. Please help the teachers and therapists to safely transport children to the other side of their property. Ald. Smetana, Streets & Alleys Committee, stated that the problem was addressed at the committee meeting, they have directed the Police Chief to locate a stop sign at the T-intersection in the alley. Chief Swanson stated that they will install a traffic counter this weekend. Mayor LeGant suggested closing the alley with barricades during the time of day that children are using the area. Ms. Herbst thanked Council for their attention to this matter.

COMMITTEE REPORTS

13. RECREATION COMMITTEE, ALDERMAN CONRAD, CHAIRMAN, presented the recommendation of Sue Wilson to hire another soft ball coach for the Summer Recreation Program. Albert Mills’ application is included in the Board packet. Ald. Conrad moved, seconded by Ald. Krzeminski, to approve hiring Mr. Albert Mills. Motion carried by unanimous voice vote.

14. FINANCE COMMITTEE, TREASURER STOFFELS, CHAIRMAN, presented the request of Lyons Township Soccer Program to place an ad in their program book. Since the request came in late, the committee decided not to participate this year. No action taken.

15. LICENSE COMMITTEE, ALDERMAN MICHALCZYK, CHAIRMAN, presented the temporary business license for Airway Imports, Inc., 6420 Joliet Road to use as storage for vehicles. There are two draft agreements that will not exceed 120 days; they need the space due to reconstruction of their dealership in Chicago. Draft 1 is for 120 days with no additional time. Draft 2 is for 120 days with renewal for two additional 30-day options including a fee schedule. Mr. Bailey suggested a fee of $100-$500 per month. Ald. Smetana prefers Draft 1 with no extension and no fee. Ald. Straza stated if he sells a car his license to do business should be revoked. Treasurer Stoffels prefers Draft 2 and charge $500 fee after 120 days. After discussion, Ald. Smetana moved, seconded by Ald. Fajdich, to approve Draft 1 for strictly 120 days effective May 29, 2003. Motion carried by Roll Call vote – 5/1. Ald. Michalczyk opposed. Mr. Bailey will notify the parties.

16. FLAG CREEK GOLF COURSE – ALDERMAN KRZEMINSKI, LIAISON, advised that this is the 10th Anniversary of operation of the golf course. Ten years ago, July 3, 1993, the Flag Creek Golf Course opened for business. A 3-day celebration will take place on July 11-13 weekend. Mr. Bailey received a call from Sue Smith, of the Park District, who discussed holding a reception on that Friday and inviting all people instrumental in the formation of the golf course ten years ago. Ald. Krzeminski was chairman of the “Keep Maplecrest Green” committee and has a list of individuals who actively participated in golf course development; he will provide those names.

17. STREETS & ALLEYS COMMITTEE – ALDERMAN SMETANA, CHAIRMAN discussed coordinating the left-turn arrow at the mobile home park with installation of the light at Circuit City. The recommendation is to coordinate both projects. Ald. Smetana moved, seconded by Ald. Fajdich, to direct the City engineer to coordinate the two projects – left-turn arrow at the mobile home park and installation of new traffic signal at Circuit City. Motion carried by unanimous voice vote.

18. Ald. Smetana discussed clarifying approval of the change order process. He directed the City Attorney to revise the Ordinance addressing change orders – to review what contractors are changing, to prevent changing the scope of the project upward or downward with an eye on facilitating the City’s interests. Ald. Smetana moved, seconded by Ald. Krzeminski, to direct the Attorney to revise the ordinance accordingly. Motion carried by unanimous voice vote.

19. Ald. Smetana stated the committee discussed the street light on Lorraine just south of 67th St. There is a long stretch with no street light. Ald. Smetana moved, seconded by Ald. Krzeminski, to direct the City Engineer to investigate installing a street light and possibly moving a street light. Motion carried by unanimous voice vote.

20. Ald. Smetana stated the committee discussed demolition of the house at 6050 Kensington. The house is a liability to the City; they estimate a cost of $8,000 for demolition. Prior to demolition the Police Chief will use for home for police activity purposes. Ald. Smetana moved, seconded by Ald. Conrad, to direct the City Administrator to solicit bids for the project. Motion carried by unanimous voice vote.

21. Ald. Smetana stated that the committee discussed the IDOT response to the Joliet Road and Brainard intersection. They did not receive a satisfactory response. Ald. Smetana moved, seconded by Ald. Krzeminski, to direct the City Engineer to proceed with a design study to be completed at the intersection. This report will carry some weight with IDOT when seeking future projects. Motion carried by unanimous voice vote.

22. Ald. Smetana received a request from Mr. Lenoch of Hampton Inn to remove a street light on Joliet Road. After review, the committee believes that removing the light is not warranted at this time. Ald. Smetana moved, seconded by Ald. Krzeminski, to direct Mr. Bailey to advise Mr. Lenoch regarding the Council’s decision.

23. WATER COMMITTEE – ALDERMAN STRAZA, CHAIRMAN, presented the recommendation of the committee to consider the change order expanding the Water Main Replacement Project and direct the City Engineer to move forward for one block. Ald. Smetana moved, seconded by Ald. Michalczyk, to direct the City Engineer to move forward with the expansion for one block. Motion carried by unanimous voice vote.

24. Ald. Straza discussed considering amending the size and type of water meters used by commercial customers. Ald. Straza moved, seconded by Ald. Conrad, to direct Mr. Bailey to contact Mr. Anderson of the City Water Department to handle the matter in-house with no outside vendors; that project should proceed on an expedited basis. Motion carried by unanimous voice vote.

25. Ald. Straza asked Council to consider approval of the Consumer Confidence Report (CCR). This report is submitted by the City to the EPA and IEPA regarding drinking water standards. It is important to note that the City uses 642 million gallons of water and has no violations whatsoever. The Water Department should be commended on this record. Ald. Straza moved, seconded by Ald. Michalczyk, to move the CCR forward for EPA and IEPA approval. Motion carried by unanimous voice vote. Mayor LeGant stated that it is the City’s prerogative to publish this report in the local newspaper. Mr. Bailey will handle that matter.

ATTORNEY’S REPORT

26. City Attorney Peck presented the recommendation of the PC/ZBA for a special use to establish an automobile detailing center and hand car wash at 9945 W. 55th St. The applicant is Nicholas Flevaris, PNJ, Inc. At the hearing held on May 6, 2003, it was determined that the petitioner failed to establish the conditions for a special use; also there were numerous objections to the application; as a result the PC/ZBA denied the application for special use. Ald. Conrad moved, seconded by Ald. Michalczyk, to concur with the recommendation of the PC/ZBA.

27. Mr. Flevaris addressed Council and presented an opposing view giving various reasons why his application should be reconsidered. He respectfully disagreed with the position of the PC/ZBA; the only issue is that of inadequate parking spaces for the building size using the ratio of one space for every 200 square feet. They have notified 163 residents and only one objection was noted . Mayor LeGant stated there was a special dispensation given to the present business to allow less parking spaces than required; all available parking is dedicated to them. Mr. Flevaris stated this is a 12,000 square foot building; the restaurant only uses 2,500 feet of floor space or 20% of the building; that should require only 12 parking spaces. Ald. Smetana stated that 3-4 more spaces will be lost by opening up the rear and front of the building. Mayor LeGant stated that the building was erected before City incorporation. Mr. Flevaris has studied the situation thoroughly and noted that parking is adequate for the building. Mr. Lawrence Stutz, current owner of the building, believes the parking situation is adequate and agrees with the presentation made by Mr. Flevaris. Mayor LeGant called for the question. Motion carried by unanimous Roll Call vote to deny the application.

28. Attorney Peck presented the draft Resolution for the Sale of Private Activity Bonds – authorizing the reallocation of 2003 volume cap for private activity bonds to the Village of Tinley Park, Illinois in the amount of $449,325 with the City to be paid 1.5% of the amount so allocated. Ald. Krzeminski moved, seconded by Ald. Straza, to adopt the Resolution. Motion carried by unanimous voice vote.

Clerk Herberts declared that this will be known as RESOLUTION 03-10-R.

29. Attorney Peck presented the recommendation of the PC/ZBA to amend the Zoning Ordinance to prohibit future electronic billboards in the City. Mr. Peck stated that the two issues before Council are to redefine reader signs Section 8-5-3, and then to prohibit their use, Section 8-5-7. Ald. Krzeminski opposes the prohibition of electronic billboards. The business world is turning to computer-generated capability; that is the business of the future; it cannot be totally eliminated; they should review the time interval. Ald. Smetana agrees. Ald. Krzeminski moved, seconded by Ald. Smetana, to deny the recommendation of the PC/ZBA, and to return it to that body to allow electronic billboards but review time intervals. Motion carried by unanimous voice vote.

ADMINISTRATOR’S REPORT

30. City Administrator Bailey requested approval for PC/ZBA Chairman Richard Fullmer to enroll in University of Illinois-Chicago Planning Commission Certification Program at a cost of $475. Ald. Krzeminski moved, seconded by Ald. Conrad, to approve the request. Motion carried by unanimous voice vote.

31. Mr. Bailey presented the pay request from Parsons in the amount of $3,387.66 for work performed in connection with the Noise Wall Project. Ald. Krzeminski moved, seconded by Ald. Michalczyk, to approve the request. Motion carried by unanimous voice vote.

32. Mr. Bailey advised that there is a Special Plan Commission meeting scheduled for June 10, 2003 to hear presentations for the completion of the City of Countryside Comprehensive Plan.

STAFF REPORTS

33. City Engineer Fitzgerald stated that the sidewalk project bids will be opened next week.

OLD AND NEW BUSINESS

34. Ald. Krzeminski read a memo from Comm. Development Officer Muenzer concerning the GIS system for all City departments. This program will allow the City to obtain information from the Cook County Assessor’s Office on a free basis. The City must acquire the proper software at a cost of $1,200. Ald. Krzeminski moved, seconded by Ald. Smetana, to approve the purchase of the necessary software to view GIS information at a cost not to exceed $1,300. Mr. Muenzer stated that Cook County provides this information to all municipalities in the county. The chief advantage would be utilizing aerial photography of the entire city, property line data and pavement lines, thus enabling projects to move ahead quicker. Motion carried by unanimous voice vote.

33. Attorney Erik Peck and several residents returned from the annexation meeting upstairs. Mr. Peck presented the map revealing that the red sections are the parcels that approve annexation into the City. Two ways of going about annexation are by individual contiguous parcels or by taking an entire area of real estate, circulate a petition signed by 51% of the home owners/residents of that property and then file a Petition for Annexation with the Court. A hearing is held within 30 days at which time opponents may appear and be heard. Residents on the outer borders of the parcel can object to annexation. Residents present tonight favor the second approach to secure the entire parcel for residential use. It appears that an adjacent area will be annexed to Hodgkins and rezoned for commercial use at a hearing scheduled for May 29.

34. Jerry Profumo, 7425 Prescott Lane, concurs with Mr. Peck’s presentation. He stated that Hodgkins tried to do this before; the residents want to go with Countryside. Hodgkins will spot zone; they have done it twice already. Roger Marenhoff, 7424 Prescott Lane, stated that the 30+ residents present tonight are in favor of blanket annexation; the preliminary work has been done. He indicated the legal notice in the paper by the Village of Hodgkins for a ZBA meeting, followed immediately by a City Council meeting; residents feel they are being railroaded. Frank Zika, 7375 Prescott Lane, stated that the Mayor and the Village attorney are the owners of the property in question. He believes blanket annexation is the best way to go. Ald. Smetana asked where are the citizens who oppose annexation; they were here some time ago to oppose annexation; none are here tonight. Carol Kuchek, 7435 Prescott Lane, stated that the map doesn’t represent everyone interested in annexation; she would like to protect the quality of life. Mayor LeGant agreed that the blanket petition is the best way to proceed. Les Trilla, 10250 – 5th Avenue, east of the tollway agrees with blanket annexation and knows others who wish to be; there are only one or two individuals who don’t want to be annexed. Mr. Peck’s office will prepare the petition for signatures and this matter will be on the agenda for the next meeting. Ald. Straza and Ald. Krzeminski both will be unable to attend that meeting but are on record as favoring annexation. Mr. Trilla stated that residents have signed a petition tonight; they would like to see a commitment from the Council to proceed with annexation. Mr. Peck stated that a proper legal description is needed; also what section of the State Statute is applicable to the situation. Ald. Krzeminski moved, seconded by Ald. Conrad, to direct the attorney to produce the petition for annexation of the 5th Avenue Cutoff properties represented in the mapped area. Motion carried by unanimous voice vote. Erik Peck has everyone’s name and phone number; all are in agreement to circulate the petition tonight.

ADJOURNMENT

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

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

SHIRLEY C. HERBERTS, CITY CLERK