MINUTES OF A REGULAR MEETING
CITY COUNCIL OF THE CITY OF COUNTRYSIDE, ILLINOIS
HELD IN THE COUNCIL CHAMBERS ON WEDNESDAY, OCTOBER 25, 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

ABSENT: Ald. Michael Smetana

ALSO PRESENT: City Clerk Herberts, City Treasurer Stoffels, City Attorney Erik Peck, City Admin. Bailey, Police Chief Swanson, Finance Director Filinovich, ESDA Coordinator Norman

OMNIBUS AGENDA

2. Approval of Minutes of October 11, 2006.

3. Statement of Bills for the period ending, October 25, 2006: $315,963.83.

4. Application for a general business license from ALPHA TECHNOLOGIES, INC., 5311 S. 9th Ave. Type: Print Ink manufacturing. Applicant: Jeffrey Thompson.

5. Membership: American Water Works Assn. – City Administrator – $68.

6. Application from the Suburban Collectors Club to hold a Stamp, Post Card and Paper Collectibles Show on November 24-25, 2006 at Local 150.

7. Application from Jim Welytok to hold a model car show on November 12, 2006 at Park Place of Countryside.

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

ADDITIONS TO AND/OR DELETIONS FROM THE AGENDA

9. One addition to the Agenda was noted by Mayor LeGant.

ADDITIONS TO AND/OR DELETIONS FROM THE AGENDA

10. Attorney Jack Lawler, representing Long John Silver, stated that new information has surfaced and he asked to have the PC/ZBA reconsider the matter of rezoning of 10050 W. 55th St. from R-1 to B-1. Ald. Conrad moved to refer this matter back to the PC/ZBA, seconded by Ald. Straza and carried unanimously. Mr. Lawler requested that this matter be put on the December PC/ZBA agenda. Board members agreed.

11. Ed Pilarski, 10735 Maplewood, requested that Council consider making it mandatory for all contractors to provide a certificate of insurance which includes the home owner or land owner as an additional insured under the contractor’s policy. In this way the homeowner’s policy is not liable for damages caused by the contractor. Messrs. Peck and Bailey will review this matter and provide an answer. Mr. Pilarski also suggested that signage be added to Srejma-Michalek Park along with white striping. He noted that no curbing is painted yellow on Lorraine Drive indicating No Parking Here to Corner. He believes it is a safety issue. Chief Swanson will investigate and discuss the matter with Mr. Bailey and DPW Supt. Fullar.

12. Sylvie Salazar, 6717 S. Willow Springs Road, read a letter to Council wherein she seeks an exception to the ordinance requiring a building permit to be completed within a six-month period. Due to very extenuating circumstances, they were not able to complete building their garage within that time period. They are now faced with forfeiting the $7,500 cash bond; this will prove very extremely costly to them; they cannot afford to lose this considerable sum of money. On October 17 she went to the Building Department to get a new permit and was informed by Mr. Hudson that since her permit was not renewed in a timely manner, they had automatically forfeited the $7,500. He stated that a new ordinance had been passed on September 13 and advised her to come before the City to plead her case. Ms. Salazar did not intentionally ignore the time period but due to the extenuating circumstances mentioned, it was unavoidable. The loss of this money would be a very real hardship to this family. She asked Council for relief from this situation. Mayor LeGant asked her to leave the letter with the details and he will consult with Mr. Hudson regarding this matter.

MAYOR’S REPORT

13. Mayor LeGant announced that plaques will be presented to retired Deputy Chief Paul Mallon and retired Patrolman Gary Schwab. Police Chief Swanson presented both retired officers with plaques on behalf of the Mayor, City Council and citizens of Countryside thanking them for their many years of service to the community. The City appreciates their many years of dedicated service. Mayor LeGant presented Officer Gary Schwab with a gold watch that is being engraved with his name and years of service. He also presented Deputy Chief Mallon with a token of the City’s appreciation in the form of a check. Mayor LeGant also presented Chief Mallon with a photograph of himself and the Mayor on the occasion of his swearing in — 28 years ago. Council congratulated both men on their long careers with the City.

14. Mayor LeGant presented a service recognition award to Police Sergeant Michael Vesconte for 20 years of service with the City of Countryside. Mayor LeGant expressed the City’s appreciation in presenting him with an extra gift card from Best Buy and many thanks for his dedication to duty.

15. American Legion Unit #1941 has requested permission to locate a donation container for benefit of the Chicago Shriners Hospital for Children in the lobby of City Hall until February 2007. Ald. Straza moved to approve the request, seconded by Ald. Conrad and carried unanimously.

16. Mayor LeGant presented the application for a Class I Liquor License from Jose Mora for Fajitas Mexican Restaurant, 6510 Joliet Road. Ald. Von Drasek moved to approve the Class I liquor license, seconded by Ald. Pondelicek and carried unanimously.

Clerk Herberts declared that this will be known as ORDINANCE 06-44-O.

17. Mayor LeGant discussed the memo listing the items needed for the 2006 Children’s Christmas Party. He seeks authorization to purchase same at a cost of $6,200. Ald. Von Drasek moved to approve the expenses, seconded by Ald. Conrad and carried unanimously.

18. Mayor LeGant presented the Petition for Annexation of 6501-6535 Joliet Road. Jeff Jablonski, owner of The Natural Sports Bar & Grill, 6535 Joliet Road addressed Council. He has run the facility for the past nine years. It was formerly an Italian restaurant. He noted that his clientele at The Natural were not in the same class as Tooters. He did not solicit nor did he ever want customers from Tooters. He has spent money remodeling the premises and upgrading the TV systems. He was given a business application today and notified that if the property was annexed by Countryside, he would be closed tonight at midnight. He pleaded that he is a family man and his employees have families. It could take a month to apply for a liquor license; that length of time without revenue would put him out of business. He attended previous Council meetings but did not understand that annexation would take place this soon and result in the loss of his business; he does not own the property. He is aware that he may not get a new liquor license from the City. He seeks a 30-90 day extension of the annexation to be able to open a family style Italian restaurant. Mayor LeGant stated that the decision is up to Council and if they vote favorably, annexation will take place immediately. Mr. Jablonski is the sole support of his family. Mayor LeGant stated that proper legal notice has been given and annexation is in the best interest of the City of Countryside. Ald. Conrad moved to adopt the Ordinance approving annexation, seconded by Ald. Michalczyk and carried by unanimous Roll Call vote – 5/0/1. Ald. Smetana, if present, would concur with the decision of the Council. Mayor LeGant advised Mr. Jablonski that his business is closed as of midnight. Mayor LeGant and Clerk Herberts signed the Ordinance.

Clerk Herberts declared that this will be known as ORDINANCE 06-45-O.

COMMITTEE REPORTS

19. INFRASTRUCTURE COMMITTEE – ALDERMAN SMETANA, CHAIRMAN, (absent tonight). Mayor LeGant presented the recommendation to award the South Brainard Avenue brush removal and tree trimming to Bluder Tree Service in the amount of $14,500. He stated the area is on the east side of Brainard adjacent to Forest Preserve District property gate; the area south of Joliet Road has never been trimmed and is very heavily overgrown. Ald. Pondelicek asked whether the City DPW could do the job. Mayor LeGant stated that the initial clearing must be done by a professional company since nothing has been done to the area; brush and debris will be cleared ten feet from the road; once it is under control, the City’s DPW could handle continued maintenance. Mr. Bailey stated there is an agreement going back to 1970 between the Forest Preserve and the City regarding that street; Attorney Peck is attempting to get copies of that document and will provide same to Council. The City was forced to take over the street; they plow it and stripe it but no other work has ever been done. Ald. Straza moved to approve the expenditure, seconded by Ald. Michalczyk and carried unanimously.

20. RECREATION COMMITTEE – ALDERMAN CONRAD, CHAIRMAN, presented the recommendation to award the low bid to the Suburban Fence in the amount of $3,704 to install a plastic coated chain link fence at Srjema-Michalek Park. Ald. Conrad moved to approve the expenditure, seconded by Ald. Pondelicek and carried unanimously.

21. HUMAN RESOURCES COMMITTEE – ALDERMAN PONDELICEK, CHAIRMAN, presented recommendations from the meeting held earlier this evening. The committee approved the Salary Compensation Plan for non-union employees. It is a process including pay structure, performance appraisal, specific increases, etc., a very comprehensive plan. The committee recommended approval of the plan. Ald. Michalczyk moved to concur with the recommendation, seconded by Ald. Straza and carried unanimously.

22. Ald. Pondelicek presented the recommendation to establish the Deputy Police Chief’s salary range (level step 3) and to adjust the Finance Director’s salary (level step 2). Ald. Von Drasek moved to concur with the recommendation, seconded by Ald. Conrad and carried unanimously.

23. Ald. Pondelicek stated that the Mission Statement be tabled to the next meeting. Mr. Bailey will forward the document to the rest of the City Council for their review and comment.

24. LICENSE COMMITTEE – ALDERMAN VON DRASEK, CHAIRMAN, presented the solicitation request from You Can Make It, Inc., Outreach Ministry to solicit at various intersections in the City on November 28-30, 2006. City Ordinance does not allow for such solicitation unless it is a state-wide fund raiser. The committee recommended denial of the request. Ald. Von Drasek moved to deny the request, seconded by Ald. Michalczyk and carried unanimously.

25. Ald. Von Drasek presented a request from Helping Hand Rehabilitation Center in the past and it was denied. Now they have requested permission to solicit at specific locations including Fuller’s Car Wash, Jewel/Osco and Dominick’s on Saturday, November 4, from 9 am to 3pm; in that regard they have submitted proper paperwork. Ald. Von Drasek moved to approve the request, seconded by Ald. Pondelicek and carried unanimously.

LEGAL REPORT

26. City Attorney Peck stated that the rezoning matter of 10050 W. 55th St. has been addressed earlier.

27. Mr. Peck presented the PC/ZBA recommendation regarding the proposed amendment to the City Zoning Ordinance to provide for permitted uses in the M-1 Zoning Districts. On October 3, 2006 the amendment presented by Mr. Hudson of the Community Development Department, removed a portion of a permitted use under food products. The recommendation is to amend the Zoning Code to make a permitted use in the M-1 zoning district of food products, processing and combining of baking, boiling, canning, cooking, dehydrating, freezing, frying, grinding, mixing and pressing. Ald. Conrad moved to concur with the recommendation, seconded by Ald. Von Drasek and carried unanimously.

Clerk Herberts declared that this will be known as ORDINANCE 06-46-O.

28. Mr. Peck presented the PC/ZBA recommendation proposing an amendment to zoning ordinance to amend definitions in Title 10 of the Zoning Code in response to the City amending the Building Code. The proposed language regards gross floor area and includes the phrase The basement story contains habitable space as defined by the adopted International Residential Code. With that addition, the Building Code and Zoning Code will be in conformity. That recommendation was made by the PC/ZBA on October 3. Ald. Michalczyk moved to concur with the recommendation, seconded by Ald. Von Drasek and carried by voice vote. Ald. Straza opposed.

Clerk Herberts declared that this will be known as ORDINANCE 06-47-O.

29. Attorney Peck presented the draft resolution providing for Referendum on Transfer Tax Increase, which if adopted will be placed on the April ballot. Notice has been published. He suggested readopting Resolution 06-13-R. Ald. Von Drasek moved to readopt Resolution 06-13-R, seconded by Ald. Straza and carried unanimously. Attorney Peck will send the paperwork to the County and the State for inclusion on the April ballot.

ADMINISTRATOR’S REPORT

30. City Administrator Bailey presented engineer’s pay estimate #4 for the 2006 Water Main Replacement in the amount of $37,945.67 to Swallow Construction Co., Downers Grove, IL. Ald. Von Drasek moved to approve the expenditure, seconded by Ald. Pondelicek and carried unanimously.

STAFF REPORTS

31. Police Chief Swanson seeks an opinion from Attorney Peck re: a medical bill received in the amount of $26,000 from an arrestee who jumped from a second floor window and injured himself. The law firm has cited the City; a section in State law holds the City responsible. He is seeking a recommendation from counsel regarding this matter before any other action is taken.

32. Police Chief Swanson also seeks an opinion from Attorney Peck regarding the total ordinance that would authorize appointment of a preliminary hearing officer, other than the regular hearing officer, Ald. Conrad moved to approve the request, seconded by Ald. Von Drasek and carried unanimously. Attorney Peck noted that the ordinance passed by the City for impounding vehicles provides for a preliminary hearing and a final hearing. The ordinance requires that both hearings be conducted by a hearing officer who is an attorney. The Code also requires that a preliminary hearing be held within 24 hours. The Chief can appoint an individual who is here, two officers one for day and one for evening. The Code could be amended to provide that the preliminary hearing could be held by a police officer or other City official and the final hearing could be held by a licensed attorney. Council authorized Mr. Peck to proceed.

ADJOURNMENT

33. There being no further business to discuss, Ald. Straza moved to adjourn the meeting, seconded by Ald. Von Drasek and carried unanimously.

Mayor LeGant declared the meeting adjourned at 8:30 p.m.