MINUTES OF A REGULAR MEETING

CITY COUNCIL OF THE CITY OF COUNTRYSIDE, ILLINOIS

HELD IN THE COUNCIL CHAMBERS ON WEDNESDAY, OCTOBER 27, 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, Ald. Michael Smetana.

ALSO PRESENT: City Clerk Sweeney, City Treasurer Jasinski, City Attorney Erik Peck, City Admin. Paul, Police Chief Ruth, Fin. Dir. Drazner, Asst. Admin. Peterson, PC/ZBA Meb. Jasinski, Police Comm. Burdett.

OMNIBUS AGENDA

2. APPROVAL OF MINUTES: October 13, 2010.

3. STATEMENT OF BILLS through October 27, 2010: $205,811.79.

4. Application for a general business license from TRILLA COOPERAGE, INC., 6412 Joliet Road, #2. Type: Business Office. Applicant: Lester Trilla.

5. Application for a general business license from L. HOWARD HANDYMAN SERVICING, 54 E. Plainfield Road. Type: Home office. Applicant: Lawrence Howard.

6. Application for a general business license from PEPE’S MEXICAN RESTAURANT, 9945 W. 55^th St. Type: Restaurant. Applicant: Miguel A. Garcia.

7. TREASURER’S REPORT for the month ending September 30, 2010.

8. Ald. Von Drasek questioned whether all requirements have been met for Pepe’s Mexican Restaurant. Asst. Admin. Peterson stated that everything is on schedule; they have until Tuesday to complete the process. 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. Three additions to the Agenda were noted by Mayor Conrad.

QUESTIONS AND/OR COMMENTS FROM THE AUDIENCE

10. Chris Fay, Associate Dean of Business, College of DuPage, provided information re: the Referendum that is on the upcoming ballot. They are renovating and expanding the college; many construction jobs are filled. They are able to refinance debt at a very low interest rate, giving the voters an opportunity to approve a no tax rate increase referendum for $168 million. Community colleges are an important adjunct to student body diversity. She provided further written information for Council. Mayor Conrad thanked her for the appearance.

MAYOR’S REPORT

11. Mayor Conrad presented the Proclamation of Welcome to the TOASTMASTERS INTERNATIONAL, November 5-7, 2010, meeting at the William Tell. The City enthusiastically supports and promotes events taking place in the newly-renovated convention center at William Tell along Route 66. Ald. Straza moved to approve the Proclamation, seconded by Ald. Michalczyk and carried unanimously.

12. Mayor Conrad presented the invitation to City Council from the William Tell -inviting elected officials to a ribbon-cutting ceremony on Wednesday, November 3, 2010 at the Atrium Room from 5 pm to 8 pm to celebrate the Grand Opening of the Holiday Inn Southwest Countryside Conference Center. They did a terrific job renovating the area and the City wishes them continued success.

13. Since the Halloween Season is upon us, the City received a letter from the CEP Youth Leadership thanking the City for its continued support of CEP Haunted Manor in Countryside Plaza. They appreciate the waiving of fees and providing the necessary permits. City is invited to have a Spook-tacular Time.

14. Lyons Township Supervisor, Russell Hartigan, has been appointed to the State Circuit Court bench for a two-year term. Steve Landek, former Mayor of Bridgeview, has taken over the position of Lyons Township Supervisor. The Honorable Russell Hartigan advised the City of Countryside about his appointment and pledged his continued support in Lyons Township activities.

TREASURER’S REPORT

15. City Treasurer Jasinski sought Council acceptance of the FY 2010 Audit and CAFR overview as discussed in the 10-26-10 Finance Committee meeting. Ald. McDermott moved to approve the audit, seconded by Ald. Smetana and carried by unanimous Roll Call vote – 6/0.

COMMITTEE REPORTS

16. FINANCE COMMITTEE – TREASURER JASINSKI, CHAIRMAN, presented the recommendation to approve a draft ordinance amending the City’s Investment Policy and Procedures as discussed in the Finance Committee meeting. Ald. Michalczyk moved to approve, seconded by Ald. Straza and carried unanimously.

Clerk Sweeney declared that this will be known as ORDINANCE 10-50-O.

17. Treasurer Jasinski presented the recommendation to approve the draft resolution joining the Northern Illinois Municipal Electric Cooperative (NIMEC) to seek lower electric rates, as discussed in the Finance Committee meeting. Ald. Smetana moved to approve, seconded by Ald. Michalczyk and carried unanimously.

Clerk Sweeney declared that this will be known as RESOLUTION 10-15-R.

18. Mayor Conrad commended Treasurer Steve Jasinski and Finance Director Steve Drazner for doing an excellent job at the Finance Committee meeting. It is uplifting to realize that in these severe economic times the City is still very solvent with a number of reserves. Not many municipalities are as strong as the City of Countryside. Please advise Council members who were not present yesterday of the auditor’s statements. Mr. Drazner repeated the auditor’ words that the City is in excellent financial condition compared to other municipalities in the Chicagoland area. The general fund balance is $10 million. Residents hearing rumors to the contrary are misinformed. Treasurer Jasinski stated that for the second year in a row the City has received High Honors – the Certificate of Achievement Award – this will be the third award. The City’s credit rating is very good. Mayor Conrad stated it is a credit to the Staff and the City Officials for their exemplary efforts in keeping the City financially strong.

19. LICENSE COMMITTEE – ALDERMAN PONDELICEK, CHAIRMAN, asked that his matter be postponed until after the Legal Report.

20. Ald. Von Drasek stated that the Ideal School project is underway. He asked about the completion date. Ms. Peterson responded that they hope to be completed by November 17, weather permitting. Ald. Von Drasek urged motorists to be cautious with Halloween approaching – trick or treat hours are from 3-7 p.m. on Sunday.

21. Ald. Michalczyk stated that the next Infrastructure Committee Meeting will be held November 8, 2010

LEGAL REPORT

22. City Attorney Peck sought to table the matter re: increasing parking requirements for restaurants – outstanding issues must be addressed. Ald. Pondelicek moved to table this matter, seconded by Ald. Smetana and carried unanimously.

23. Attorney Peck presented the recommendation to enter into an easement agreement with IUOE Local 150 for the Route 66 Wayside Exhibit. The City has the Plat of Easement prepared by the City Engineer; he seeks a motion to accept the easement, with the City’s ability to ingress/egress the lot, plus three parking spaces dedicated to the City for the Wayside Exhibit. Ald. Michalczyk moved to approve, seconded by Ald. Von Drasek and carried unanimously. Mayor Conrad asked Ms. Peterson to coordinate a dedication ceremony once the installation is completed.

Clerk Sweeney declared that this will be known as RESOLUTION 10-16-R.

24. Attorney Peck presented the PC/ZBA recommendation for a variance to allow a prohibited structure (brick mailbox) in the right-of-way at 7345 Sunset Avenue; the Applicant Alejandro Morales appeared before the PC/ZBA on October 5, 2010; after hearing all the testimony and the evidence presented, they found that the petitioner failed to establish the requirements and conditions necessary for such a variance. It was their recommendation to deny the variance to construct the brick mailbox in the right-of-way at 7345 Sunset Avenue. Ald. Michalczyk moved to concur with the PC/ZBA recommendation to deny the request, seconded by Ald. Von Drasek and carried unanimously.

25. Attorney Peck stated that the next two recommendations relate to the Mobil Gas Station at the corner of LaGrange Road and 55^th St. The applicant, Farooq Sultan, appeared before the PC/ZBA at the hearing on October 5, 2010, seeking a special use permitting the retrofitting and operation of an existing double-sided sign with LED gas price digits on the property commonly known as 5501 S. LaGrange Road. After hearing all the testimony and evidence presented, the PC/ZBA found that the applicant did meet the requirements for a special use and they recommended permitting construction of the sign with LED prices subject to the following conditions: 1) that the retrofitting be in substantial compliance with the petitioner’s Exhibit A, which is attached to the recommendation, and 2) that construction is subject to all applicable codes and ordinances of the City of Countryside. Ald. Von Drasek moved to concur with the PC/ZBA recommendation, seconded by Ald. Straza and carried by Roll Call vote – 6/0.

Clerk Sweeney declared that this will be known as ORDINANCE 10-51-O.

26. The next recommendation on the same parcel is for a sign variation permitting a free-standing sign in excess of the 20′ height limit at 5501 S. LaGrange Road. The existing sign is 29.9′ in height. The current ordinance calls for a 20′ height limit. After hearing all the testimony and evidence presented, the PC/ZBA recommended that a variance be granted to permit the free-standing sign of 29.9′ rather than the 20′ height subject to the following conditions: 1) should the subject sign be destroyed 50% or more, or removed or replaced, then the petitioner or his successors must meet the height requirement in the City, and 2) that construction be in conformity with all City codes and ordinances. Ald. Pondelicek moved to concur with the PC/ZBA recommendation, seconded by Ald. Smetana and carried by Roll Call vote – 5/1/0. Ald. Michalczyk opposed.

Clerk Sweeney declared that this will be known as ORDINANCE 10-52-O.

27. Attorney Peck presented the PC/ZBA recommendation for a variance to allow an off-site parking facility to accommodate restaurant parking for Tavern on LaGrange, which came before the City Council in August 2010 but was returned to the PC/ZBA for further review specifically permitting the applicant to use the off-site parking facility for banquet use in the basement. At a hearing held October 5, 2010, the applicant failed to appear before the PC/ZBA, and the recommendation was made to deny the variance altogether, which now has the effect of not permitting the applicant to use the off-site parking facility on 55^th St. at all in conjunction with his restaurant or for banquet use.

28. The matter before Council this evening is the PC/ZBA recommendation from the hearing held October 5, 2010 for reconsideration of the PC/ZBA recommendation of August 3, 2010, made on the application of Jim Arce. The petitioner is requesting a zoning variation to Section 10-10-4b to permit off-site parking more than 600′ from the use served at 5403 S. LaGrange Road. The PC/ZBA found that the petitioner failed to appear and did not meet the requirements for such a variance, therefore the request for variance was denied. The City Council may concur with the PC/ZBA recommendation, or choose not to concur, which then would require a majority vote of the City Council.

At present Mr. Arce has sufficient parking for his restaurant with the rear parking lot. He is seeking a variance to use the parking lot at 9825 W. 55^th St. not only for the restaurant but for the banquet facilities as well. If he received approval for parking from the City Council tonight, Mr. Arce must still comply with several other City ordinances.

29. Ald. Smetana moved to allow the banquet hall on the condition that all parking for that activity is done on 55^th St. There was no second. Ald. Pondelicek moved to allow Mr. Arce to use the off-street parking facility in conjunction with the restaurant and the banquet facility, seconded by Ald. McDermott. Ald. McDermott stated that Mr. Arce must encourage his banquet patrons to only use the valet parking on 55^th St. Ald. Smetana suggested that customers be not only encouraged but DIRECTED to use valet parking. Mayor Conrad does not wish the traffic to become a hardship on neighbors. He would seek assurance that when the rear parking lot is full, the valet service should ONLY use the 55^th St. facility; no neighboring businesses should have to deal with overflow parking. He suggested moving the valet station to the back parking lot. Mr. Arce stated that patrons of Café Salsa also use the lot on 55^th & LaGrange Road. Little Joe also offered Mr. Arce the use of their parking lot. If Café Salsa uses that parking lot, why can’t Mr. Arce’s patrons do so?. City Council urged Mr. Arce to only use his lot – why does he have it if he won’t use it. There are resident restricted parking signs on 6^th Avenue.

30. Mr. Peck stated that Council may put a condition on the motion, to only park vehicles on his restaurant lot or the 55^th St. lot; another condition is that the valet service only use LaGrange Road and 55^th St. Attorney Peck clarified the motion as follows:- this is a motion to not concur with the PC/ZBA recommendation and to permit the applicant to have off-site parking more than 600 feet from the use served at 5403 S. LaGrange Road upon the real estate commonly known as 9825 W. 55^th St. subject to the following conditions: 1) that all valet parking will be either on the applicant’s restaurant lot at 5403 S. LaGrange Road or at 9825 W. 55^th St.; 2) that the valet service will only use a route of 55^th St. or LaGrange Road to bring the cars to and from the off-site parking facility, and that no side streets or alleys will be used. Violations will be dealt with by a citation of $750 or revocation of the variance by City Council vote. Mayor Conrad asked Mr. Arce to be a good neighbor and direct patrons to use the valet service. Motion carried by Roll Call vote – 5/1/0 – Ald. Michalczyk opposed. This vote does not give Mr. Arce the right to open the banquet facility until he meets all the requirements of the City Code.

Clerk Sweeney declared that this will be known as ORDINANCE 10-53-O.

31. Attorney Peck presented a draft ordinance creating a valet parking business license. Any valet parking service provided to accommodate patrons of a business establishment and moving vehicles across City streets must have a business license and provide proof of insurance for their business. Every operator shall place on the dashboard of each vehicle a sign or placard 8 1/2×11 visible through the windshield with the name of the valet service. Ald. Pondelicek moved to table this matter until a License Committee Meeting is held to discuss each item, seconded by Ald. Straza and carried by voice vote 5/1/0 – Ald. Michalczyk opposed.

32. Attorney Peck presented the PC/ZBA recommendation to amend the zoning ordinance to provide for the LaGrange Road Arterial Road Corridor (ARC) Overlay District. Any business not generating at least 50% sales tax will be considered a special use in the City. The Council has suggested that the PC/ZBA review other options to protect the commercial corridors. The PC/ZBA recommended that an arterial road corridor be created along LaGrange Road from the northern boundary to the southern boundary including all properties adjoining LaGrange Road. The special overlay district will apply to that corridor. The businesses strictly prohibited and the special use businesses are listed herein. Ald. Michalczyk moved to concur with the PC/ZBA recommendation and adopt the ordinance as presented, seconded by Ald. Von Drasek and carried by Roll Call vote – 5/1/0 – Ald. Pondelicek opposed.

Clerk Sweeney declared that this will be known as ORDINANCE 10-54-O.

33. LICENSE COMMITTEE – ALDERMAN PONDELICEK, CHAIRMAN, presented consideration of an application for a general business license from ENHANCE ATHLETIC STRATEGIES, 6475 Joliet Road, #A100. Type: Personal training. Applicant: Mike Padua. Ald. Pondelicek moved to approve, seconded by Ald. McDermott and carried unanimously.

ADMINISTRATOR’S REPORT

34. City Administrator Ms. Paul presented the draft resolution urging Governor Quinn to appeal FEMA’s determination excluding Cook County from Federal Funds relief for the flooding that occurred in July 2010. Ald. McDermott moved to adopt the Resolution as presented, seconded by Ald. Straza. Ald. Straza sought to take additional steps through the WCMC to contact the Mayor’s caucus and the full Illinois Delegation – the six Congressmen who represent Cook County in Washington, D.C. — and vehemently register the City’s displeasure with the FEMA decision. Motion carried by unanimous Roll Call vote – 6/0.

Clerk Sweeney declared that this will be known as RESOLUTION 10-14-R.

STAFF REPORTS

35. Police Chief Ruth reminded the audience that Halloween is upon us this Sunday, October 31, 2010. The Trick or Treat hours are from 3 pm to 7 pm; there will be an increased police presence within the community. Please be alert for the children. Ald. Smetana congratulated Ald. Michalczyk on the birth of her second grandson.

36. Asst. Administrator Peterson presented two updates from City Eng. Fitzgerald-re: the CDBG Grant on Sunset Avenue for paving and drainage improvement- the work is completed as of today including the extra catch basin on Forestview. Landscaping will be completed by the end of next week.

37. The 2010 MFT street rehabilitation project – concrete work on 51^st & Kensington will be completed early next week with final asphalt completion by November 8. Landscaping will be completed in the next few weeks. Pavement patching for NE and NW Courts should be completed this week and asphalt work next week. The City’s Welcome to Countryside sign relocation at the Supersonic will be completed in the next week and will be angled out of the sight line.

OLD AND NEW BUSINESS

38. Ald. Pondelicek asked whether restrictions on political signs placed in the parkways have been eased – there are too many signs. Ms. Paul stated that Public Works Department has been removing signs and contacting the individuals involved. Signs may be on private property 15 feet from the curb. Political signs on City property will be removed immediately. Public Works has been kept busy picking up brush and leaves after the terrible wind storm of the past two days.

39. Mayor Conrad reminded everyone that tomorrow is the last day for early voting – which can be done in Bridgeview or in the new Hodgkins City Hall.

40. Mayor Conrad commented on the new highway sign on I-55 just east of Route 83 – with the City logo displayed – all brand names of car dealers – the sign is very well done. Ald. Pondelicek advised everyone that the water tower project is under way.

ADJOURNMENT

42. There being no further business to discuss, Ald. Straza moved to adjourn into Executive Session under Section 2B1 and 2Ac of the Open Meetings Act for the purpose of discussing personnel and real estate, seconded by Ald. Pondelicek and carried by unanimous Roll Call vote – 6/0.

Mayor Conrad declared the meeting adjourned at 8:40 p.m.

SHARON SWEENEY, CITY CLERK