MINUTES OF A REGULAR MEETING
CITY COUNCIL OF THE CITY OF COUNTRYSIDE, ILLINOIS
HELD IN THE COUNCIL CHAMBERS ON WEDNESDAY, SEPTEMBER 8, 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, Wayne Straza, Edward Krzeminski, Michael Smetana, Joseph Fajdich, Karen Michalczyk

ABSENT: Ald. Robert Conrad

ALSO PRESENT: City Clerk Herberts, City Treasurer Stoffels, City Attorney Erik Peck Police Chief Swanson, City Admin. Bailey, CDO Muenzer, Deputy Treasurer Wenzel, City Engineer Fitzgerald, ESDA Director Norman and Ofc. Monson, Police/Fire Bd. Member Pondelicek

OMNIBUS AGENDA

2. Approval of Minutes – August 25, 2004.

3. Statement of Bills for the period ending September 8, 2004.

4. From the Countryside Lions Club requesting permission to solicit at various intersections for Candy Day on October 8, 2004.

5. Application for a business license from Copperdome Management, Inc., 6406 Joliet Road, #212. Type: Business Office. Applicant: Vlado Lenoch.

6. Application for a general business license from Wal-Mart, 9570 East Ave. Type: Warehouse. Applicant: Todd Libbra.

7. Application for a general business license from Wiring Solutions, Ltd., 5504 Brainard Ave. #D. Type: Business office. Applicant: Frank Kiesica.

8. Application for a general business license from Countryside Gas Corp/Amoco, 5320 LaGrange Road. Type: Filling Station/Food Mart. Applicantå¬Tammam Abouassaf.

9. Membership: Government Finance Officers Assn. – Deputy Treasurer – $145.00.

10. Application for a special use from Choral-Aires Chorus of Sweet Adelines, Inc., to hold a show at Park Place, October 15, 2004.

11. Membership: West Suburban Chiefs of Police – Police Chief, Deputy Chief, M/Sgt. – $100.00.

12. Ald. Fajdich moved to approve the Omnibus Agenda as presented, seconded by Ald. Smetana and carried unanimously.

ADDITIONS AND/OR DELETIONS TO THE AGENDA

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

QUESTIONS AND/OR COMMENTS FROM THE AUDIENCE

14. John Ziglich of Dremco Construction asked to continue the rezoning of 6410 Joliet Road. They are doing preliminary storm water retention requested by the city and will try to have it completed by 9-22-04 for the next City Council meeting. The building closest to Joliet Road would be marketed for retail purposes. If that happens, they will appear before the PC/ZBA at that time. After discussion Ald. Fajdich moved, seconded by Ald. Smetana to allow them to continue this matter until September 22, 2004. Motion carried by Roll Call vote – 3/2/1. Straza and Michalczyk opposed the motion.

15. Steve Jasinski suggested that the City create a landscape design review committee in conjunction with the comprehensive plan. He suggested appointing individuals with professional backgrounds who have expertise in architecture or landscaping to create conformity throughout the city. Mayor LeGant suggested that he provide information to Mr. Muenzer.

16. Marge Wenslauf, ceramics teacher in the city for 28 years, stated that her job is being eliminated as of December 15, 2004 for lack of space. She was advised that the Police Department needs the room. There has been no provision made to move the class elsewhere in the city or try to combine it with nearby municipalities. She asked Council to give the matter serious consideration. Mayor LeGant asked Mr. Bailey to review space requirements and provide a written report.

MAYOR’S REPORT

17. Mayor LeGant conferred a Service Recognition Award to Curt Monson, ESDA member, for ten years of faithful service to the city. Council members congratulated him on the accomplishment.

18. Mayor LeGant stated that the city received a request from the Countryside Lions Club for a donation of $500 to co-sponsor the Halloween Party. Ald. Krzeminski moved to approve, seconded by Ald. Smetana, and carried unanimously.

19. Mayor LeGant stated that the Lions Club has requested that the Clerk’s Office assist in distributing tickets from October 11 to October 25, 2004. Ald. Smetana moved to approve, seconded by Ald. Straza and carried unanimously.

20. Mayor LeGant stated that the Lions Club also asked to use Council Chambers on October 25, 2005, at 7:00 p.m. to fill treat bags for the party. Ald. Smetana moved to approve, seconded by Ald. Straza and carried unanimously.

21. The Lions Club has also sought ESDA participation in the Halloween Party on Sunday, October 31, 2004, at the William Tell Terrace Room, 6:30-8:30 p.m. Ald. Smetana moved to allow the request, seconded by Ald. Straza; carried unanimously.

COMMITTEE REPORTS

22. LICENSE COMMITTEE – ALDERMAN MICHALCZYK, CHAIRMAN, presented the request of Helping Hand to hold a Walk at Countryside Park on October 3, 2004 from 10 a.m. to 2 p.m. They are also requesting that the $100 fee be waived. The Certificate of Insurance has been approved. Ald. Straza moved to approve, seconded by Ald. Smetana and carried unanimously.

23. POLICE COMMITTEE – ALDERMAN CONRAD ABSENT – Alderman Smetana presented the recommendation to approve the National Incident Management System, NIMS, the intergovernmental agreement to become a member of the 5th District Rapid Response Team, requiring a minimum of two police officers at an annual fee of $5,000. Chief Swanson stated that this is a mutual aid agreement similar to other such City agreements. The city attorney has reviewed the document. Ald. Smetana moved to approve, seconded by Ald. Fajdich and carried unanimously.

24. Ald. Smetana stated that reapproval of the Criminal Activities Police Enforcement Records System (CAPERS), previously approved in April 2003, will go into effect at the reduced rate of $16,014. Ald. Smetana moved to approve, seconded by Ald. Krzeminski and carried unanimously.

25. Administrator Bailey commented that NIMS as part of the Homeland Security Directive will stimulate changes in the city’s structure, including a proposal to establish a succession of authority in the event of an emergency when the Mayor is not available.

LEGAL REPORT

26. City Attorney Erik Peck stated that the rezoning of 6410 Joliet Road has been tabled to 9-22-04.

27. Mr. Peck presented two recommendations from the PC/ZBA — to deny the rezoning of 6510 Joliet Road from R-1 to B-1 retail business and to deny the special use that would permit the operation of an oil lube business, muffler repair facility and drive-thru restaurant on the request of Advanta Financial Group. Mayor LeGant read aloud the entire letter from Mr. Fitzgerald to Mr. Muenzer regarding this development, portions of which are included herein, stating that he has reviewed the site plan dated July 1, 2004, mainly the Plat of Survey created April 12, 2000 and storm and sewer drainage topography dated September 7, 2004 for the above-referenced development.

Mr. Fitzgerald visited the site and stated that proposed storm water detention will discharge from this site to an existing 24 storm sewer on Stallford Road by way of a proposed 135′ long 10 storm sewer which will exit the southeast corner and require a drainage and utility easement through the rear yard of the parcels at 6502-04 Joliet Road. Although the discharge requires an easement it complies with the City Code and provides a suitable outflow for this development. Advanta has provided renderings of the proposed building for Council and the audience to view.

28. Rich Grazio 10708 Dawn and Frank Shrima, Stallford and Dawn discussed certain details and stated that there is no room for an easement on the property. Discussion took place among applicants from Advanta and Board members. Mr. Rupen Shah, project manager, answered residents’ questions and stated that no negotiations have taken place among the parties. He made several suggestions as to how underground retention will control the discharge of storm water and noted that all plans must be approved by the City engineer.

29. Mr. Shah provided photos of the proposed block retention wall, which will be two-tiered 14 above existing grade with an 8′ wooden fence on top of the wall and two layers of evergreens planted for screening and additional surface retention. Mayor LeGant suggested they work out the easement situation or be prepared to raise the back end several feet. Maintenance of bushes and grass will be the owner’s responsibility. Steel posts are required on the wooden fence.

30. Muffler shop hours of operation will be Monday-Friday 7 am – 6 pm, Saturday 7 am-3 pm. Restaurant hours are not definitely established but 24-hour operation is not allowed; they will close at 11 p.m. It will be a combination drive-thru with sit down facilities; it will have an intercom with tempered display board. The drive-thru portion will be at the west end of the property. Petitioners have provided a very detailed 14-page noise study with diagrams and exhibits, provided by Meineke, which will be submitted into evidence. Lighting will have vertical cutoff at the property line with reflecting shields on the outside to keep lighting on the property.

31. Donna Suffecool lives in the property to the west. A fence will be installed on the west side of the property between business and residential. What will happen to all the water from Heat Engineering that flows to her back yard? Mayor LeGant suggested that the petitioner consider extending the sewer with an outfall at the west end to accommodate this situation and move the water off-site. The petitioner stated that this project would improve the surface water situation. Mr. Bailey will research the ordinance allowing Heat Engineering to keep their gravel driveway. They should install a sewer system to address surface runoff. Ald. Straza asked Attorney Peck to prepare a motion incorporating the above-stated conditions:

32. Mr. Peck stated that it will be a motion to approve the rezoning of the property from R-1 to B-1 retail business district and to approve a special use permitting an oil lube facility, muffler repair facility and a restaurant with a drive-thru on property commonly known as 6510 Joliet Road in substantial compliance with the site plans previously marked Exhibits A-F, including the Quality Environmental Noise Study provided by Meineke and the site plan prepared by the firm of Arete 3 Ltd., for Advanta Financial Group subject to the following conditions:

1. Obtain storm drainage easement from the property to the east to connect to Stallford outflow or raise the property to permit storm water drainage by gravity to the front of the property or a combination thereof;

2. Raise the retaining wall or berm 18 above the back lot curb;

3. Hours of operation of the Muffler shop will be Mon-Fri 7am-6pm, Sat. 7am-3pm and closed on Sunday. The proposed restaurant will close daily at 11 pm;

4. Lighting on the property will be shaded and directed so that no light falls on adjacent properties; and

5. They must accommodate all surface runoff around the perimeter of the retaining wall. Mr. Peck stated that they must comply with all City ordinances; the only matters approved tonight will be rezoning and special use.

33. Ald. Straza moved to approve the rezoning and special use subject to the five conditions stated above, seconded by Ald. Fajdich and carried by unanimous Roll Call vote.

34. Attorney Peck presented the draft ordinance requiring a site plan be approved and paid before a public hearing can be scheduled or building plans reviewed. Mr. Peck stated that although the plan is not yet prepared, the Building Department may institute the action immediately without the formal ordinance. Mr. Bailey stated that this document should be referred to as the Preliminary Drainage Plan. Clerk Herbert’s declared that this will be known as ORDINANCE 04-34-O.

35. Ald. Straza thanked Novotny & Assoc. plus Mr. Muenzer and Mr. Bailey for the hours spent on this project. He also thanked the developers and the community for their interest in reaching a mutual understanding after much intervention and explanation. Mayor LeGant stated that Engineer Fitzgerald is being compensated for his time and effort from the petitioners.

ADMINISTRATOR’S REPORT

36. Mr. Bailey presented his recommendation to combine Wards 1 and 3 in a leak detection survey in the amount of $2,600 to M.E. Simpson Company. Ald. Smetana moved to approve, seconded by Ald. Fajdich and carried unanimously.

37. Mr. Bailey stated that all residents are invited to the groundbreaking ceremony for the Noise Wall to be held on Monday, September 13, 2004 at 2:00 p.m. at the intersection of Sunset and 71st St.

38. Mr. Bailey stated that the Strategic Plan meeting with the Park District will be held on Saturday at 9 a.m. Formal confirmation will be forthcoming; discussion will be focused on the joint operation of Flagg Creek Golf Course.

39. There being no further business to discuss, Ald. Krzeminski moved to adjourn to Closed Session under Section 2Ah of the Open Meetings Act for the purpose of discussing pending or probable and imminent litigation, seconded by Ald. Straza and carried by unanimous Roll Call vote.

Mayor LeGant declared the meeting adjourned at 9:15 p.m.

SHIRLEY C. HERBERTS, CITY CLERK