MINUTES OF A REGULAR MEETING
CITY COUNCIL OF THE CITY OF COUNTRYSIDE, ILLINOIS
HELD IN THE COUNCIL CHAMBERS ON WEDNESDAY, SEPTEMBER 22, 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, Edward Krzeminski

ALSO PRESENT: City Clerk Herberts, City Treasurer Stoffels, City Attorney Erik Peck,

Police Chief Swanson, City Administrator Bailey, Deputy Treasurer Wenzel, City Engineer Fitzgerald, Police/Fire Bd. Mebs. Welch, Pondelicek, PC/ZBA Bd. Mebs. Fullmer, Ziemba, CDO Muenzer

OMNIBUS AGENDA

2. Approval of Regular Meeting Minutes – September 8, 2004. Approval of Special Meeting Minutes – September 8, 2004.

3. Statement of Bills for the period ending September 22, 2004.

4. Treasurer’s Report for period ending August 31, 2004.

5. Application for a special use to hold a bridal show on September 28, 2004 at the William Tell.

6. Application for a general business license to hold an auction in conjunction with the Sweet Adelines show on October 16, 2004 at Park Place, 6240 Joliet Road.

7. Membership: Municipal Clerk’s Association of South and West Suburbs of Cook County – Clerk’s Office – $30.

8. Ald. Smetana moved to approve the Omnibus Agenda with corrections as noted, seconded by Ald. Krzeminski. Corrections to minutes of 9-22-04: Page 4, item 29, second line, after 14, add above the berm above the pavement. Item 30, change west end to east end. Item 31, correct spelling is Donna Suffecool. Motion carried by unanimous voice vote.

ADDITIONS TO AND/OR DELETIONS FROM THE AGENDA

9. Ald. Fajdich noted one addition to the Agenda.

QUESTIONS AND/OR COMMENTS FROM THE AUDIENCE

10. Joe Tybor, 6600 Dawn Avenue, objects to Council approving a muffler shop in his backyard. The noise of air impact disrupts the quiet enjoyment of the immediate area. Joel Daly, 6635 Dawn, asked Council to reconsider its decision regarding approval of the muffler shop. Mark Daniels, Rathje & Woodward of Wheaton, IL, Attorney for the above gentlemen, also asked Council to reconsider the special use for the drive-thru window. All three gentlemen voiced their opposition to Council’s action and asked them to reconsider the matter to prevent litigation. He suggested that the ordinance be rescinded and the matter sent back for public hearing so that experts can refute the sound study findings, etc. Kim Benkert, 6605 Natasha Court, stated that although site drainage issues have been addressed; severe drainage problems still exist on their property. An additional automotive facility on Joliet Road is both unnecessary and unhealthy; the noise factor should be of prime concern to the Council. Mayor LeGant suggested that all parties present tonight use the upstairs facilities to discuss the situation and present a mutually agreeable solution. Council will meet in Executive Session to discuss this matter. The Mayor also suggested that the Agenda proceed out of order to the Legal Report.

LEGAL REPORT

11. City Attorney Peck presented the recommendation of the PC/ZBA for a variance of on-site parking requirements and a variance to the 25-foot green belt landscape requirement at 5620 Brainard Avenue. Petitioners’ request for variation was approved as follows: Parking variation to permit construction of five public parking spaces in addition to the ten pump site parking spaces. Also, a on-site parking space variance to provide for seven employee parking spaces on property adjacent to the site at 5550 Brainard Ave. in compliance with Petitioner’s Exhibit A. Two additional hand-written changes were made adding a parking space and reducing the size of the canopy overhang. Mayor LeGant noted a question as to the second story addition since their July approval of special use. Attorney Patrick Williams addressed Council and stated that the second story office addition of 1,000 square feet was discussed at the hearing. The revised site plan incorporates the above changes. Ald. Straza moved to concur with the recommendation of the PC/ZBA, seconded by Ald. Conrad and carried unanimously.

Clerk Herberts declared that this will be known as ORDINANCE 04-35-O.

12. City Attorney Peck presented the recommendation of the PC/ZBA for a variance of Section 8-5-9, Chapter 10 regarding the use of an existing exterior pylon sign at 5400 S. LaGrange Road on the application of James Donia. After the hearing on September 7, 2004 the Commission denied the request. Mr. Donia stated that he would fully comply with the City’s sign ordinance. Ald. Krzeminski moved to concur with the PC/ZBA recommendation and allow him 90 days to come into compliance, seconded by Ald. Smetana and carried by Roll Call vote. Ald. Michalczyk opposed.

13. City Attorney Peck presented the recommendation of the PC/ZBA to rezone 6410 Joliet Road from R-1 residential district to O-office in order to permit construction of three multi-unit office condo buildings. The applicant is Prairie Bank & Trust; this matter was heard August 3, 2004 and tabled from 9-8-04. The PC/ZBA recommended denying the petition. Ald. Krzeminski moved to concur with the recommendation, seconded by Ald. Conrad and carried by Roll Call vote. Ald. Smetana opposed.

14. City Attorney Peck presented the draft ordinance requiring topographical survey for Plan Commission Hearings amending Section 10-2-6. The proposed ordinance was given to City Engineer Fitzgerald for review and revision.

COMMITTEE REPORTS

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

15. Community Extension Project (CEP) – Donation of $100 for the golf outing held on October 23, 2004. Ald. Conrad moved to approve the request, seconded by Ald. Straza and carried unanimously.

16. Treasurer Stoffels presented the request from the B.E.D.S. Program seeking a donation of $250. Ald. Krzeminski moved to approve, seconded by Ald. Smetana and carried unanimously.

17. I&M National Heritage Corridor Civic Center Authority – Rendezvous – this matter will be forwarded to the Hotel/Motel Committee for discussion.

18. Treasurer Stoffels stated that the Treasurer’s Office will make some changes in their banking procedures, which will generate additional interest.

19. RECREATION COMMITTEE – ALDERMAN CONRAD, CHAIRMAN, presented a recommendation from Director Wilson to hire a playschool aide due to additional enrollment in the program. Ald. Conrad moved to approve the request, seconded by Ald. Straza and carried unanimously.

20. POLICE COMMITTEE – ALDERMAN CONRAD, CHAIRMAN, presented the Resolution to adopt the National Incident Management System (NIMS) as the model for public safety response. Ald. Conrad moved to adopt the Resolution as presented, seconded by Ald. Krzeminski and carried unanimously.

Clerk Herberts declared that this will be known as RESOLUTION 04-11-R.

ADMINISTRATOR’S REPORT

21. City Administrator Bailey recommended approval of the Nextel Communications lease agreement to construct a wireless communications site at Public Works facility at 5315 9th Avenue – northeast portion of the property against the fence. The tower will be 100 feet high; lease will bring $2,000 per month. Ald. Smetana moved to approve the agreement, seconded by Ald. Fajdich and carried by voice vote. Ald. Michalczyk opposed.

22. Mr. Bailey presented engineer’s pay estimate #2 for Phase 2 of the 2004 Street Rehabilitation Project to Central Blacktop Co. in the amount of $3,892.91. Ald. Smetana moved to approve, seconded by Ald. Krzeminski and carried unanimously.

23. Mr. Bailey presented engineer’s pay estimate #1 for the Camboni Traffic Signal Modifications to Meade Electric Co. in the amount of $17,549.11. Ald. Smetana moved to approve, seconded by Ald. Krzeminski and carried unanimously.

24. Mr. Bailey presented engineer’s pay estimate #3 for the 2004 Water Main Replacement project to Cerniglia Co. in the amount of $110,205. Ald. Straza moved to approve, seconded by Ald. Conrad and carried unanimously.

25. Mr. Bailey recommended approval of the West Suburban Chamber of Commerce Partners in Economic Development Program in the amount of $3,150. Ald. Conrad moved to approve, seconded by Ald. Krzeminski and carried unanimously.

26. Mr. Bailey sought Council approval to purchase a computer server to support the Surf Control software at a cost of $3,634. Ald. Smetana moved to approve, seconded by Ald. Krzeminski and carried unanimously.

ADJOURNMENT

There being no further business to discuss, Ald. Smetana moved to adjourn to Closed Session under Section 2Ac of the Open Meetings Act for the purpose of discussing real estate acquisition, seconded by Ald. Krzeminski and carried by Roll Call vote.

Mayor LeGant declared the meeting adjourned at 9:05 p.m.

SHIRLEY C. HERBERTS, CITY CLERK