MINUTES OF A REGULAR MEETING
CITY COUNCIL OF THE CITY OF COUNTRYSIDE, ILLINOIS
HELD IN THE COUNCIL CHAMBERS ON WEDNESDAY, APRIL 27, 2011

1. Mayor Conrad called the meeting to order at 7:30 p.m. City Clerk Sweeney called the Roll of those physically present as follows:

PRESENT: Mayor Conrad, Aldermen: Robert Pondelicek, John Von Drasek, Michael Smetana, Sean McDermott, Karen Michalczyk, Wayne Straza.

ALSO PRESENT: City Clerk Sweeney, City Treasurer Jasinski, City Attorney Peck. City Admin. Paul, Police Chief Ruth, Asst. Adm. Peterson, Fin. Dir. Drazner, City Eng. Fitzgerald, ESDA Crd. Norman, Ald.-Elect Jasinski, Elec. Insp. Sweeney

OMNIBUS AGENDA

2. APPROVAL OF MINUTES: Council Minutes: 4-13-11 & Public Hearing: 4-13-11.

3. STATEMENT OF BILLS through April 27, 2011: $356,998.26.

4. Approval of TREASURER’S REPORT for the period ending. March 31, 2011.

5. Application for a raffle license from R.E. Coulter Jr. Post #1941 to sell tickets at Jewel on July 23-24 and September 17-18, and at the concert series in Countryside Park on 6-16, 7-21 & 8-4. Additionally, request that fee be waived.

ADDITIONS TO AND/OR DELETIONS FROM THE AGENDA

6. Two additions were noted by Treasurer Jasinski, one by Ald. Pondelicek and one by Mayor Conrad.

QUESTIONS AND/OR COMMENTS FROM THE AUDIENCE

7. Diane Brenwell, State Bank of Countryside, discussed the new electronic sign ordinance which prohibits scrolling text. Only 30% of the text is used for bank products; the remainder relates to public service messages. They hope to negotiate an agreement with the City.

8. Mr. Rosinia from Flagg Creek Golf Course also requests a review of the current City ordinance on electronic signs. Their sign is a revenue center for the golf course.

MAYOR’S REPORT

9. Confirmation of Appointments: Flagg Creek terms to expire 2012: Marty Sweeney, John Von Drasek, Thomas Michalczyk; Police Pension Board term to expire May 2012: Steven Drazner. The Flagg Creek Golf Course Board has five members – from the City and the Park District. Membership alternates yearly with the City having three members on the Board in 2011. Mayor Conrad reappointed Marty Sweeney, electrical inspector and Ald. Von Drasek to remain as members with their terms to expire in 2012; Thomas Michalczyk will be sworn in at a later date. Ald. Pondelicek moved to confirm the appointments, seconded by Ald. McDermott and carried 5/1. Ald. Michalczyk abstained.

10. Mayor Conrad reappointed Fin. Dir. Steven Drazner to the Police Pension Board; his term will expire in May 2013. Al.d Smetana moved to confirm the appointment, seconded by Ald. Von Drasek and carried unanimously.

COMMITTEE REPORTS

11. FINANCE COMMITTEE – TREASURER JASINSKI, CHAIRMAN, presented the recommendation to approve a resolution ceding the City’s allocated 2011 bond volume cap totaling $549,575 to the Upper Illinois River Valley Development Authority in exchange for a 1% fee. The City will receive about $5,500 in bond proceeds. Ald. Michalczyk moved to approve, seconded by Ald. Von Drasek and carried unanimously.

Clerk Sweeney declared that this will be known as RESOLUTION 11-06-R.

12. Treasurer Jasinski presented the draft resolution opposing reduction of state collected revenues due municipalities – this means that the state would take about $138,000 from sales tax revenue that is due to the City. This resolution opposes that proposal. Ald. Pondelicek moved to approve, seconded by Ald. Smetana and carried by unanimous Roll Call vote. Ald. Straza suggested that an article be placed in the City’s Newsletter regarding the timeliness so that residents can contact state legislators to oppose this legislation.

Clerk Sweeney declared that this will be known as RESOLUTION 11-07-R.

13. Treasurer Jasinski presented the recommendation to approve a supplemental appropriation ordinance for the General, Motor Fuel, Business District and Commercial TIF Funds. Ald. Michalczyk moved to approve, seconded by Ald. Straza and carried by unanimous Roll Call vote.

Clerk Sweeney declared that this will be known as ORDINANCE 11-23-O.

14. Treasurer Jasinski sought to continue the recommendation to execute an agreement with World Data Systems for credit card processing for water bills, police tickets and business licenses. This matter will be tabled to the next Finance Committee meeting.

15. Treasurer Jasinski has directed staff to prepared a Request For Proposal for banking services. The current contract has expired; rates and fees were raised while interest was lowered. Ald. Michalczyk moved to approve, seconded by Ald. Straza and carried unanimously.

16. INFRASTRUCTURE COMMITTEE – ALDERMAN MICHALCZYK, CHAIRMAN, presented the recommendation to allow vinyl in Sec. 8-3-1D and 8-3-1E of the Fence Ordinance and Materials Allowed. Residents wish to use fences that meet the open air requirement but not the material requirement; they would like to use vinyl. Ald. Straza moved to approve, seconded by Ald. Von Drasek and carried by Roll Call vote – 5/1.

Clerk Sweeney declared that this will be known as ORDINANCE 11-24-O.

17. ECONOMIC DEVELOPMENT COMMITTEE – CHAIRMAN MC DERMOTT, presented the draft ordinance entitled Second Amendment of Reciprocal Easement and Operation Agreement regarding the development at Joliet Road and LaGrange Road.

Ald. Von Drasek moved to approve, seconded by Ald. Pondelicek and carried by Roll Call vote – 6/0.

Clerk Sweeney declared that this will be known as ORDINANCE 11-25-O.

18. BUSINESS LICENSE COMMITTEE – ALDERMAN PONDELICEK, CHAIRMAN, asked that this matter be taken up after the Legal Report.

19. RECREATION DEPARTMENT – ALDERMAN VON DRASEK, CHAIRMAN, stated that the Easter Egg Hunt was a huge success – the weather cooperated as well. There was a great turnout – the event was well attended; thanks to the many volunteers who assisted with the work.

LEGAL REPORT

20. Attorney Peck stated that the following three recommendations all refer to Fuller’s Car Wash at 5550 Brainard Avenue with regard to a special use. At the hearing held on April 6, 2011, after hearing all the testimony and evidence, the PC/ZBA approved a special use permitting the operation of an existing electronic sign upon the real estate commonly known as 5550 S. Brainard Avenue. Ald. Smetana moved to concur, seconded by Ald. Pondelicek and carried by unanimous Roll Call vote – 6/0.

Clerk Sweeney declared that this will be known as ORDINANCE 11-26-O.

21. The next recommendation is with regard to a variance to the same electronic sign. At the hearing held on April 6, 2011, after hearing all the testimony and evidence, the PC/ZBA approved a sign variation to permit an existing electronic sign which exceeds the maximum size of 20 square feet and is 50 square feet upon the real estate commonly known as 5550 S. Brainard Avenue. If the sign is ever destroyed more than 50%, it will be replaced with a conforming sign. Ald. Smetana moved to concur, seconded by Ald. Von Drasek and carried by unanimous Roll Call vote – 6/0.

Clerk Sweeney declared that this will be known as ORDINANCE 11-27-O.

22. The last recommendation is with regard to a variance to the same electronic sign. At the hearing held on April 6, 2011, after hearing all the testimony and evidence, the PC/ZBA denied a sign variance to permit an existing electronic sign which changes every 5 seconds rather than the permitted 6 times per hour, and a variance to permit an existing electronic sign which utilizes flashing, scrolling and blinking characters upon the real estate commonly known as 5550 S Brainard Avenue. Ald. McDermott moved to concur with the PC/ZBA; motion died for lack of a second. Ald. Michalczyk moved to allow the requested variances as presented, seconded by Ald. Smetana and carried by Roll Call vote – 5/1. Ald. McDermott opposed.

Clerk Sweeney declared that this will be known as ORDINANCE 11-28-O.

23. Attorney Peck stated that the following three recommendations all refer to Flagg Creek Golf Course, 6930 S. Wolf Road with regard to a special use. At the hearing held on April 6, 2011, after hearing all the testimony and evidence, the PC/ZBA approved a special use permitting the operation of an existing electronic sign upon the real estate commonly known as 6930 S. Wolf Road. Ald. Von Drasek moved to concur, seconded by Ald. Michalczyk and carried by unanimous Roll Call vote – 6/0.

Clerk Sweeney declared that this will be known as ORDINANCE 11-29-O.

24. The next recommendation is with regard to variances to the same electronic sign. At the hearing held on April 6, 2011, after hearing all the testimony and evidence, the PC/ZBA approved a sign variance to permit an existing electronic sign which exceeds the maximum size of 20 square feet and is 50 square feet and a variance to permit an existing electronic sign which utilizes amber-colored lights instead of the required white, red or green upon the real estate commonly known as 6930 S. Wolf Road. Ald. Pondelicek moved to concur, seconded by Ald. Michalczyk and carried by unanimous Roll Call vote – 6/0

Clerk Sweeney declared that this will be known as ORDINANCE 11-30-O.

25. The last recommendation is with regard to variances to the same electronic sign. At the hearing held on April 6, 2011, after hearing all the testimony and evidence, the PC/ZBA denied the sign variances to permit an existing electronic sign which changes more than six times per hour, a variance to permit a sign to utilize flashing, scrolling and blinking characters and a variance to permit an existing electronic sign which is operated beyond the hours of operation of the business upon the real estate commonly known as 6930 S. Wolf Road. Ald. McDermott moved to concur, seconded by Ald. Smetana and defeated by Roll Call vote – 1/5.

26. Ald. Von Drasek moved to allow all three variances above on the property commonly known as 6930 S. Wolf Road, seconded by Ald. Smetana and carried by Roll Call vote – 5/1. Ald. McDermott opposed.

Clerk Sweeney declared that this will be known as ORDINANCE 11-31-O.

27. Attorney Peck presented the PC/ZBA recommendation to approve the special use permitting the operation of a new automobile dealership. The applicant is Michael Ettleson, 6420 Joliet Road. At the Special Hearing held on April 14, 2011, after hearing all the testimony and evidence, the PC/ZBA approved a special use permitting the operation of a new automobile retail dealership upon the real estate commonly known as 6420 Joliet Road. Ald. Von Drasek moved to concur, seconded by Ald. Michalczyk and carried by Roll Call vote 6/0.

Clerk Sweeney declared that this will be known as ORDINANCE 11-32-O.

28. At the special hearing held on April 14, 2011 with regard to four sign variances, the applicant was unsure of what signage would be used. Mr. Ettleson stated that he may buy entirely new signs instead of utilizing his current signs. The PC/ZBA therefore decided not to allow the four sign variances. It was their recommendation not to permit a freestanding sign located within five feet of the public ROW; not to allow a sign that exceeds the maximum allowable height of the highest structure or 20 feet above the curb level; not to permit a maximum surface area of over 100 square feet per side of the sign and not to allow wall signs which exceed two times the front linear footage of the building to which it is affixed. Ald. Michalczyk moved to concur, seconded by Ald. Smetana and carried by unanimous Roll Call vote – 6/0. Mayor Conrad congratulated Mr. Ettleson on his move into the former Acura Dealership; several movements between dealerships have taken place during the past two years. The Autobarn will expand all of its dealerships and bring in BMW Motorcycles. The Mayor thanked Mr. Ettleson for choosing to remain in Countryside.

29. Attorney Peck presented a draft ordinance correcting scrivener’s errors in the Legal Description attached to Ordinance Nos. 10-58-O, 10-59-O and 10-60-O adopted December 8, 2010 relative to the Countryside commercial TIF Redevelopment Project Area. Ald. Michalczyk moved to adopt the ordinance as presented, seconded by Ald. McDermott and carried by Roll Call vote – 6/0

Clerk Sweeney declared that this will be known as ORDINANCE 11-33-O.

30. Ald. Pondelicek returned to the Business License portion of the Agenda – the application for a general business license from Ettleson Hyundai, 6420 Joliet Road. Type: Auto Dealership. Applicant: Michael Ettleson. Ald. Von Drasek moved to approve, seconded by Ald. Straza and carried unanimously.

31. Ald. Pondelicek noted that the City received a last minute business license request for a business seeking to move into Countryside Plaza – application for a general business license for a business called 5 Below, at 30 Countryside Plaza. Inspections were completed and fees were paid. All their promotional materials have gone out stating that they plan to open on May 6. Council’s next meeting is May 11. Ald. Smetana moved to approve, seconded by Ald. Michalczyk; this application will be listed on the next agenda. Motion carried by unanimous voice vote.

STAFF REPORTS

32. City Engineer Fitzgerald presented engineer’s pay estimate #7 and semi-final for the 2009 Water Main Replacement to Archon Construction , in the amount of $18,501.87. The City is withholding $10,000 until final completion; they tentatively scheduled completion for next week. Mr. Fitzgerald stated that Council approval could be given tonight but the check would be held until work is completed. Ald. Straza moved to approve, seconded by Ald. Michalczyk and carried unanimously.

33. Asst. City. Admin. Peterson recommended awarding a contract for printing services to the low bidder, Infinity Sign & Graphics in the amount of $29,491.65. Ald. Smetana moved to table this matter for further information, seconded by Ald. Michalczyk and carried by Roll Call vote – 5/1. Ald. McDermott opposed.

34. ESDA Coordinator Norman – updated Council regarding the FEMA grant application for the Blizzard of 2011. An application was submitted for $26,088.23; with 75% funding the City should receive $19,566 to recover expenses from the blizzard.

OLD AND NEW BUSINESS

35. Ald Straza reminded the audience that on May 20, is the Annual WCMC Dinner will take place at the Don Stephens Center in Rosemont, IL

36. Mayor Conrad stated that tonight is his last official completed meeting as the Mayor of this great community. He thanked the Staff and the City Council members for all the help received over the past four years and for the tough decisions that were made. They were not popular decisions and may have cost him his job, but the City did the right thing; it was all done from the heart. He wishes everyone well.

37. Ald. Smetana is also retiring after 20 years of service as Alderman of Ward 1. Jim Jasinski will replace him as Alderman. He thanked everyone for all the assistance received. He reiterated Mayor Conrad’s words. He deeply respects the Mayor for making the decisions that were made when he could have done otherwise – but that would not have been in the City’s best interest. He was correct that it might have cost him his position – but the City Council did the right thing at the right time for the benefit of the City. Mayor Conrad thanked Ald. Smetana for the kind words.

ADJOURNMENT

38. There being no further business to discuss, Ald. Straza moved to adjourn to Executive Session under Section 2B1 and 2Ah of the Open Meetings Act for the purpose of discussing personnel and litigation., seconded by Ald. Smetana and carried by Roll Call vote.

Mayor Conrad declared the meeting adjourned at 8:15 p.m.

SHARON SWEENEY, CITY CLERK