MINUTES OF A REGULAR MEETING

CITY COUNCIL OF THE CITY OF COUNTRYSIDE, ILLINOIS

HELD IN THE COUNCIL CHAMBERS ON WEDNESDAY, DECEMBER 8, 2010

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

ALSO PRESENT: City Clerk Sweeney, City Treasurer Jasinski, City Attorney Erik Peck, Police Chief Ruth, City Admin. Paul, Asst. Admin. Peterson, City Eng. Fitzgerald, Fin. Dir. Drazner, ESDA Coord. Norman, Police Board Member Burdett, PC/ZBA Member Jasinski.

OMNIBUS AGENDA

2. APPROVAL OF MINUTES: November 10, 2010.

3. STATEMENT OF BILLS through December 8, 2010: $1,502,674.54.

4. TREASURER’S REPORT for month ending October 31, 2010.

5. From MISERICORDIA, Heart of Mercy Center requesting permission to solicit at various locations on April 29-30, 2011 for yearly fundraiser.

6. Application for a general business license from CONTINENTAL MITSUBISHI, 5800 S. LaGrange Road. Type: Auto dealer. Applicant: Cheryl Nelson.

7. Application for a general business license from CAMEO ENDODONTICS, LTD., 475 W. 55^th St. #208. Type: Dental office. Applicant: Richard Munaretto, DDS.

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

ADDITIONS TO AND/OR DELETIONS FROM THE AGENDA

9. Two additions to the Agenda were noted by Mayor Conrad. Mayor Conrad called attention to item #6 on tonight’s agenda, the Continental Mitsubishi Dealership working with the City of Countryside was successful in bringing another dealership into the City.

QUESTIONS AND/OR COMMENTS FROM THE AUDIENCE

10. Frank Zickus, Prescott Lane, Countryside, lauded the City Council for the good work and tough decisions it makes for the residents throughout the year.

11. Ted Schuler, 7110 Burr Oak, Countryside asked why the residents did not vote on the 6.68% tax levy. Ms. Paul stated that the levy was proposed on 12-9-09 at the public hearing; there was no referendum required. He asked whether the tax would be withdrawn if conditions improve. Mayor Conrad stated that this is a sunset tax for businesses, possibly for residents, and it will be adjusted accordingly. Everyone is struggling through this period; the City needs the residents’ help. The City’s Police Fund contribution is $817,478; none of that amount has been put on the backs of residents. The City has never done that and will not do again this year. The City’s portion of the increase averages $350-$550 per household. The school districts, high schools and grade schools, plus the fire district increased their assessments. Every Council member lives in Countryside and will pay the increase.

12. Robert Driscoll, 5703 Catherine, former Alderman, asked the amount of the current Police Pension Fund. Mr. Drazner responded it is almost $14 million. He asked the amount of the general fund when Mayor LeGant left office – the answer is $10 million. The current fund is still around $10 million – he asked why this tax was levied; it seems as though revenue has not changed. Ms. Paul stated that revenue has changed significantly with a loss of multiple dealerships and a loss of $1 million in sales tax. Treas. Jasinski stated that no cars were being purchased for about 18 months; the City suffered tremendously. The City relies on the sales tax for funds; they had to diversify and pursue other revenue streams to balance the budget; fees and taxes were increased. The deficit is now down to $100,000. Mr. Driscoll discussed the City’s acquisition of property in the past. Mayor Conrad gave a brief summary of past business history and stated that facts presented are not correct. His goal is to restore the business community in this City. Mr. Jasinski noted that previous Councils did not reinvest funds in the City; they are doing so now. The Mayor promised to fix the situation if given a chance to do so. Ald. Straza stated that the City does not report on all the good things it does for residents; residents are never charged for improvements made and services provided. The City took a $5 million G.O. Bond and never passed charges along to residents.

13. Mary Yeltin, 5540 Edgewood, a resident since 1955 lives in a frame ranch bungalow. Her estimated value went from $389,000 to $494,000 – almost half a million. Taxes went up $3,000 in one year; how is that justified? The Township Assessor’s office is next door to this building; she will seek an answer to how this increase was reached. Ald. Von Drasek suggested that she appeal her tax bill and get an authorized appraisal on her home to present to the Cook County Assessor.

14. Barb Weyrick, Lyons Township Assessor, thanked the City for allowing them to use the Annex Building rent-free for the past 15 months. She hopes to move back to the Township Office by Valentine’s Day. Residents are upset with the real estate tax bill; the Cook County Assessor reduced the assessment from 16% to 10%. The $3,000 increase does not sound logical; she may be missing some exemptions. The market value has nothing to do with the formula. The new assessor, Joe Berrios, started yesterday; market values are not increasing; please stop at the office to discuss your tax bills. Weyrick is a 37-year resident and is fortunate not to pay a City tax like LaGrange and Indian Head Park, if the City needs help for two years, residents should understand, be grateful for past amenities and pitch in when needed.

15. Mark Bonsway, 5615 Kensington, seeks information re: the deficit and understanding the operating budget. He finds the Newsletter helpful, the corporate fund is $10 million; total operating fund is $14 million; police pension is 60% funded -much better than most other communities. Mayor Conrad stated that police pension issues should not be discussed due to upcoming negotiations for the next police contract. He cautioned everyone about discussing pension issues and urged residents to call him at home; he provided his calling cards for residents. Bonsway noted $2.6 million is the projected deficit for 2011; the City has recouped $1 million. Ms. Paul noted additional revenues were adjusted and programs cut leaving a small deficit in the neighborhood of $100,000. The Council will decide if a tax will be levied for the next fiscal year tonight.

16. Tom Michalczyk, 6831 Golfview, likes all the public works services performed by the City – leaf pick-up, snow plowing, police department – the City has not cut any services to residents. He appreciates the City’s efforts; they do not waste money.

MAYOR’S REPORT

17. Proclamation declaring December as National Drunk and Drugged Driving (3D) Prevention Month. Ald. McDermott moved to approve the Proclamation as presented, seconded by Ald. Smetana and carried unanimously.

18. Mayor Conrad presented the request of the annual required Police Pension Fund contribution of $817,478. Ald Straza moved to approve the contribution, seconded by Ald. Von Drasek and carried by unanimous Roll Call vote – 6/0.

19. Mayor Conrad reported that long-time Countryside resident and member of the Robert Coulter American Legion Post #1941 – Ladies Auxiliary, Edna LaRue, passed away. Rufus LaRue died in February and Edna passed away a few weeks ago. The City extends sincere sympathy to the entire LaRue family.

20. Joseph Curtin, Police Commissioner and former Chicago police official, passed away on December 6, 2010. Viewing is at Hallowell & James on Friday from 3-9 p.m., followed by services on Saturday at St. Cletus on 55^th St. at 10 a.m. The City extends sincere sympathy to the Curtin family.

COMMITTEE REPORTS

21. FINANCE COMMITTEE – TREASURER STEVEN JASINSKI, CHAIRMAN, presented the recommendation to approve the draft resolution adopting an Identity Protection Policy. Ald. Michalczyk moved to adopt the Resolution as presented, seconded by Ald. McDermott and carried by Roll Call vote – 6/0.

Clerk Sweeney declared that this will be known as RESOLUTION 10-18-R.

22. Treasurer Jasinski presented the recommendation to adopt the draft ordinance abating Taxes Levied for 2010, heretofore levied to pay principal and interest on GO Bond Series 2006 for $382,283.76. Ald. Straza moved to adopt the Ordinance as presented, seconded by Ald. Pondelicek and carried by Roll Call vote – 6/0.

Clerk Sweeney declared that this will be known as ORDINANCE 10-67-O.

23. Treasurer Jasinski presented the recommendation to adopt the draft resolution for a Class 6b Status for 411 E. Plainfield Road, Formella & Sons, Inc., a new business in town, a retail facility that will bring ten new jobs to the City. Ald. Michalczyk moved to adopt the Resolution as presented, seconded by Ald. Von Drasek and carried by Roll Call vote – 6/0. Mayor Conrad called attention to this new business thanks to Bob Stahurski, a member of the CBA, trying to promote new businesses in Countryside.

Clerk Sweeney declared that this will be known as RESOLUTION 10-20-R.

24. INFRASTRUCTURE COMMITTEE – ALDERMAN MICHALCZYK, CHAIRMAN, presented the staff recommendation to allow the temporary Special Event Sign Permit for a 13-day extension from December 21 through January 3, 2011 for Continental Auto dealerships including Nissan, Mitsubishi and Honda on LaGrange Road. Ald. Straza moved to approve, seconded by Ald. Pondelicek and carried unanimously.

25. POLICE COMMITTEE – ALDERMAN SMETANA, CHAIRMAN, presented the recommendation to purchase two police vehicles from Westfield Ford totaling $38,572.40 and trade in two used vehicles for $5,500. Ald. Smetana moved to approve the purchase, seconded by Ald. Pondelicek and carried unanimously.

26. Ald. Smetana presented the recommendation to promote one patrol officer to the rank of Sergeant. Ald. Straza moved to approve, seconded by Ald. Pondelicek and carried unanimously.

27. Ald. Smetana presented the recommendation to replace non-reflective decals on six patrol vehicles with reflective decals at a cost of $3,915. Ald. McDermott moved to approve, seconded by Ald. Michalczyk and carried unanimously.

28. Ald. Smetana noted other items covered at the meeting include a report by Chief Ruth that the evidence room and investigation process audit went well and helped to promote new ideas for processing crime scenes. The Chief has met with each individual officer and discussed the direction of the Police Department; he believes that more recognition for individual officers is very important.

29. RECREATION COMMITTEE – ALDERMAN VON DRASEK, CHAIRMAN, presented the recommendation to seek RFP’s for planned 2011 Year of Events. Ald. Pondelicek moved to approve, seconded by Ald. McDermott and carried unanimously.

30. Ald. Von Drasek presented the recommendation to accept the YMCA agreement for Cooperative Programming for the Fall 2010 and Winter/Spring 2011 Season for Basketball. Ald. McDermott moved to approve, seconded by Ald. Smetana and carried unanimously.

31. Ald. Von Drasek thanked the City Staff and everyone who attended the Tree Lighting Ceremony; he was unable to attend this year. Before Officer Kelly Kalker departs for Afghanistan, we all wish her the best. Happy Holidays to all!

LEGAL REPORT

32. City Attorney Erik Peck presented the draft ordinance approving a Tax Increment Redevelopment Plan and Predevelopment Project for the Commercial TIF Redevelopment Project Area. Ald. Von Drasek moved to adopt the ordinance as presented, seconded by Ald. Michalczyk and carried by Roll Call vote – 6/0

Clerk Sweeney declared that this will be known as ORDINANCE 10-58-O.

33. Atty. Peck presented the draft ordinance designating Countryside Commercial TIF Redevelopment Project Area of said City a Redevelopment Project Area Pursuant to the Tax Increment Allocation Redevelopment Act. The TIF district runs north and south along LaGrange Road from 55^th St. to Joliet Road. Ald. Michalczyk moved to adopt the ordinance as presented, seconded by Ald. Von Drasek and carried unanimously by Roll Call vote – 6/0

Clerk Sweeney declared that this will be known as ORDINANCE 10-59-O.

34. Atty. Peck presented the draft ordinance adopting Tax Increment Allocation Financing for Countryside Commercial TIF Redevelopment Project Area. Ald. McDermott moved to adopt the ordinance as presented, seconded by Ald. Smetana and carried by Roll Call vote – 6/0

Clerk Sweeney declared that this will be known as ORDINANCE 10-60-O.

35. Atty. Peck presented the draft ordinance at the direction of the Building Department — Amending Fees, Charges and general Permit Requirements for New Construction in the City. Ald. Michalczyk moved to adopt the ordinance as presented, seconded by Ald. Straza and carried by Roll Call vote – 6/0.

Clerk Sweeney declared that this will be known as ORDINANCE 10-61-O.

36. Atty. Peck presented the draft ordinance amending permits and fee requirements for signs within the City – non-illuminated signs will have $50 fees; signs greater than six square feet will be $125. Ald. Michalczyk moved to adopt the ordinance as presented, seconded by Ald. Von Drasek and carried by Roll Call vote – 6/0.

Clerk Sweeney declared that this will be known as ORDINANCE 10-62-O.

37. Atty. Peck presented the PC/ZBA recommendation approving variances for the TLC Hand Car Wash business at 5640 S. LaGrange Road. The applicants are M&M Tommy & Catherine Saylors. The PC/ZBA met last night to hear the petitioner’s application. They are seeking a special use and a variance to the zoning code to operate a hand car wash and car detailing business. With the new Zoning Overlay a car wash is a strictly prohibited business, as is a special use for a business where less than 50% of income generates sales tax. After hearing all the testimony and evidence last night, the PC/ZBA found that the applicants did meet the requirements for the variance and for the special use and granted both requests subject to the applicants entering into a fee in lieu of sales tax agreement, approved by the City Council. Ald. McDermott moved to approve the variance, seconded by Ald. Von Drasek and carried by Roll Call vote – 6/0.

Clerk Sweeney declared that this will be known as ORDINANCE 10-63-O.

37A. Ald. Smetana moved to approve the special use for 5640 S. LaGrange Road, seconded by Ald. Pondelicek and carried by Roll Call vote – 6/0

Clerk Sweeney declared that this will be known as ORDINANCE 10-64-O.

38. Atty. Peck presented the PC/ZBA recommendation approving the Hertz Rental Car business within Westfield Ford Dealership, 6200 S. LaGrange Road. They also sought a variance to the City Code and a special use, same as the previous business. They wish to operate within the commercial corridor and do not generate a sales tax. After hearing all the testimony and evidence last night, plus testimony from the Ford Dealership stating it would greatly enhance their ability to service and sell cars to their customers, the PC/ZBA recommended that a variance and a special use be granted to the applicant. Ald. Straza moved to approve the variance, seconded by Ald. Smetana and carried by Roll Call vote – 6/0

Clerk Sweeney declared that this will be known as ORDINANCE 10-65-O.

38A. Ald. Straza moved to approve the special use, seconded by Ald. McDermott and carried by Roll Call vote – 6/0.

Clerk Sweeney declared that this will be known as ORDINANCE 10-66-O.

39. LICENSE COMMITTEE – ALDERMAN PONDELICEK, CHAIRMAN, sought approval for a general business license for the Hertz Rental Car, 6200 S. LaGrange Road. Ald. Straza moved to approve, seconded by Ald. Von Drasek and carried by unanimous voice vote.

40. Ald. Pondelicek sought approval for a general business license for TLC Hand Car Wash, 5640 S. LaGrange Road, conditioned upon them entering into a fee in lieu of sales tax approved by City Council. Ald. Smetana moved to approve, seconded by Ald. Von Drasek and carried unanimously.

41. Ald. Pondelicek sought approval for a general business license for E. Formella & Sons, Inc., 411 E. Plainfield Road. Ald. Von Drasek moved to approve, seconded by Ald. Michalczyk and carried unanimously.

ADMINISTRATOR’S REPORT

42. City Admin. Ms. Paul presented Hancock’s Engineering’s pay estimate #2 for the Water Tank Repainting project to Neumann Company for $132,480. Ald. McDermott moved to approve payment, seconded by Ald. Smetana and carried unanimously.

43. Ms. Paul presented payment to Novotny & Assoc. for engineering fees for the Joliet Road Water Main Replacement project for $37,361.25. Ald. Straza moved to approve payment, seconded by Ald. Smetana and carried unanimously.

STAFF REPORTS

44. Police Chief Ruth has no formal report but wishes to share the news that Officer Kelly Kalker has received orders for deployment to Afghanistan effective January 7, 2011. She is a Sergeant in the U.S. Army. She currently serves as police officer in Countryside. He wished her success in her endeavors and a safe return home.

45. City Engineer Fitzgerald presented engineer’s pay estimate #7 and final for the ’09 water main replacement to Archon Construction Co., in the amount of $39,559.64. He has not received the final paperwork necessary to close this project. He gave them an ultimatum and they provided some of the paperwork today but not all the certified payroll. He recommends holding off on this payment. Ald. Michalczyk moved to concur with the engineer’s recommendation due to lack of documentation, seconded by Ald. Pondelicek and carried unanimously.

46. Eng. Fitzgerald presented engineer’s pay estimate #2 and final for the CDBG Sunset Avenue Street Rehabilitation to Crowley-Sheppard Asphalt, Inc., in the amount of $18,199.85. Ald. Michalczyk moved to approve payment, seconded by Ald. Von Drasek and carried unanimously.

47. Eng. Fitzgerald presented engineer’s pay estimate #2 for the 2010 MFT Street Rehabilitation to Central Blacktop Company in the amount of $217,543.72. Ald. Michalczyk moved to approve payment, seconded by Ald. Von Drasek and carried unanimously.

48. Eng. Fitzgerald presented engineer’s pay estimate #4 and semi-final for the LaGrange Road Street Lighting Improvements to H & H Electric Company, in the amount of $29,290.97. Ald. Michalczyk moved to approve payment, seconded by Ald. McDermott and carried unanimously.

OLD AND NEW BUSINESS

49. Mayor Conrad stated that the Annual Children’s Christmas Party was held this year at the William Tell Atrium Room. Most previous parties were held at the 150 Union Hall. A number of elected officials attended that party; it was one of the nicest Christmas parties held in this City; it was very refreshing to see the young children enjoying Breakfast with Santa and having photos taken. William Tell donated use of the facility. The City Staff and CBA members did a terrific job.

50. Bob Bruscato, 108 Meadow, asked for information about the TIF and possible City obligations regarding the three draft ordinances voted on tonight. Mayor Conrad introduced Bob Rychlicki, the City’s TIF consultant. The three ordinances set up the TIF district as the culmination of a long process which included all the other taxing districts. All the City did today was adopt the plan. The plan identifies the geographic area including commercial properties along the east side of LaGrange Road. The TIF allows for new taxes, when generated, to be put into a special fund that can only be used by the City for capital improvements to spur development within that geographic area.

51. Ald. McDermott corrected the October 13, 2010 minutes to reflect that Ald. Smetana made the suggestion re: contacting the Fire District and not Ald. McDermott.

ADJOURNMENT

52. Ald. Von Drasek moved to adjourn to Executive Session under Section 2Ac of the Open Meetings Act for the purpose of discussing real estate, seconded by Ald. Michalczyk and carried by Roll Call vote – 6/0.

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

SHARON SWEENEY, CITY CLERK