MINUTES OF A REGULAR MEETING
CITY COUNCIL OF THE CITY OF COUNTRYSIDE, ILLINOIS
HELD IN THE COUNCIL CHAMBERS ON WEDNESDAY, FEBRUARY 22, 2012

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

PRESENT: Mayor Edward Krzeminski, Aldermen: Robert Pondelicek, John Von Drasek, James Jasinski, Sean McDermott, Karen Michalczyk, Scott Musillami.

ALSO PRESENT: City Clerk Sweeney, City Treasurer Jasinski, City Attorney Peck, City Admin. Paul, Police Chief Ruth, Asst. Admin. Peterson , Fin. Dir. Drazner, City Eng. Fitzgerald, CDP Swanson, ESDA Crd. Norman, Atty. Stein, Police Bd. Chrm. Welch, Burdett, PC/ZBA Benson.

OMNIBUS AGENDA

2. APPROVAL OF MINUTES: Council Minutes of February 8, 2012; CDBG Public Hearing of February 8, 2012.

3. STATEMENT OF BILLS through February 22, 2012: $317,549.01.

4. Application for a general business license from Charter Fitness of Countryside, LLC, 9825 W. 55^thSt. Type: Fitness Club. Applicant: Peter Vrdolyak, III. (formerly Cardinal Fitness).

5. Application for a special use request from Windy City Postcard Club to hold a Collectibles Show on March 24 at Local #140.

6. 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

7. One addition was noted by Ald. Pondelicek.

QUESTIONS AND/OR COMMENTS FROM THE AUDIENCE

8. Letter from Demetrios Gavrilos requesting that the Fire Code as respects Fire Sprinklers be waived for the mini-mall property at 5404-08 LaGrange Road. Mr. Gavrilos read from a letter submitted to the City earlier. He is the landlord of the above property, which is vacant. Café La Fortuna wishes to open a coffee roasting store on the premises with 6-8 chairs for customers to have coffee and donuts (brought in from another store). This activity requires fire sprinklers; the area is already equipped with a sophisticated fire detection system. Sprinkler installation cost for this small area is between $12-30,000. This fire code does not benefit small businesses and will result in increased vacancies. He noted statistics showing increased fire risks for vacant properties. Mayor Krzeminski stated that this matter was discussed at the Infrastructure Committee meeting and all agreed to keep the current fire code restrictions in place.

9. Fire Chief Kevin Doyle stated that the fire district would oppose any reduction in fire safety standards. He stated that in this fire district alone 60 fires since 1992 were extinguished with sprinkler systems. He applauded the City for its proactive approach to installing fire sprinklers; they are most effective in saving lives. Ald. McDermott asked about the Bridgeview mobile home fire and requested that Staff research the matter of mobile home fires. Ms. Peterson stated that the bottom line is that the use changed, from a flower shop to a restaurant, therefore fire sprinklers are required. Mayor Krzeminski stated that this is part of the cost of doing business.

MAYOR’S REPORT

10. Consideration of WCMC’s invoice for $589.50 for participation in the Water Task Force. Mayor Krzeminski attended the Metropolitan Mayors Conference where 163 Mayors participated in discussions regarding the Regional Water Rate Task Force and its efforts to repeal the recent 70% increase in water rates by the City of Chicago. To further fund the efforts of the task force, a municipality may become an associate member at a cost of ten cents per capita special assessment; the City’s contribution would be $589.50. Ald. Von Drasek suggested that this matter be brought to the Water Committee for further discussion. Ald. McDermott asked whether these monies are in addition to the annual dues already paid for WCMC membership. That is affirmative. Ald. Michalczyk moved to refer this matter to the Water Committee for further discussion, seconded by Ald. Musillami and carried unanimously.

11. Appointments to the following Boards:

Fire & Police – Mary Louise Pisone to fill unexpired term to 5-1-14.

PC/ZBA Board – Bryan Bednar to fill unexpired term to 5-1-15.

Mayor Krzeminski stated that he spent a considerable amount of time interviewing applicants and reviewing backgrounds; he also spoke to the Chairmen of both Boards re: their ideal candidates. Ald. McDermott stated that the Mayor did not speak to any Council members regarding these two individuals. If these appointments are important to the Mayor he should have reached out to Council to support them; there is a lack of communication between the Mayor and the City Council. Aldermen have had limited conversations with the Mayor. Ald. Michalczyk stated that previous administrations have always contacted Council members in advance. Ald. Jasinski questioned the choice of Mr. Bednar of Ward 3 when there were several qualified applicants from Ward 1 who are available to fill the current vacancy. Mayor Krzeminski stated this is a two-way street; he has reached out and tried to explain his position on certain issues to Council during this past year. His position has been disregarded and has had no impact on Council members. If Council has a concern or a problem with the candidates, please call the Mayor or call the individual. Council would like to know who the other applicants are. There should be a balance on the PC/ZBA. The Mayor stated that two more appointments are forthcoming. No action was taken tonight.

COMMITTEE MEETINGS

12. LICENSE COMMITTEE – ALDERMAN MUSILLAMI, CHAIRMAN, presented recommendations from the meeting of 2-15-12 – seeking Council consideration of waiving the late fee of $1,033.50 for Bella Banquets, Inc., 5412 LaGrange Road.

They were three days late. Ald. Pondelicek moved to approve waiving the late fee, seconded by Ald. Jasinski and carried by Roll Call vote – 5/1. Ald. Von Drasek opposed.

13. Ald. Musillami sought Council consideration of waiving the late fee of $1,006. for What A Deal, Inc., 9930 W. 55^thStreet. Ald. McDermott moved to waive the late fee, seconded by Ald. Michalczyk and carried by Roll Call vote – 6/0.

14. Ald. Musillami presented the application for a special use to hold a fundraising event for ROYAL FAMILY KIDS’ CAMPS – from February 22-26, at 6512 Joliet Road for A Week of Chic Charity Boutique – all proceeds will benefit foster kids going to summer camp. They also request waiver of fees. Ald. Michalczyk objects to the waiver of fees for the one-week sale. Ald. Musillami suggested approving the event and not waiving the amusement fee. Ald. McDermott moved to approve holding the event but deny waiving the amusement fee, seconded by Ald. Jasinski and carried by Roll Call vote – 5/1. Ald. Michalczyk opposed.

15. Ald. Musillami presented the application for a special use to hold a fundraising event and raffle by the Burr Ridge Community Park Foundation on April 29, 2012 at the William Tell for a Fashion Show and Tea. They request waiving the fee. Ald. Musillami moved to allow the event and deny waiving the amusement fee, seconded by Ald. Jasinski and carried by Roll Call vote – 6/0.

16. Ald. Musillami presented the application for a special use to hold a fundraising event by the American Cancer Society, Riverside, at City Park, 630 – 61^stSt. for the RELAY FOR LIFE event on July 13-14, 2012; they also request waiving the fees. Ald. Von Drasek moved to approve the event as requested, seconded by Ald. Michalczyk and carried by Roll Call vote 6/0.

17. RECREATION COMMITTEE – ALDERMAN JAMES JASINSKI, CHAIRMAN, presented recommendations from the meeting of 2-22-12, seeking consideration of applying for a COOKFRESH Cook County Grant. These monies would assist with the community garden on 61^stSt. and Kensington. Ald. Von Drasek moved to approve, seconded by Ald. Pondelicek and carried unanimously.

18. Ald. Jasinski sought consideration of Gateway Special Recreation Association (SRA) policy. This policy will reimburse Countryside residents living in Ward 1 and Ward 3 for the difference in Non-resident rates that they would be charged. Ald. Von Drasek moved to adopt the Gateway SRA Policy as presented, seconded by Ald. Musillami and carried unanimously.

19. Ald. Pondelicek stated that at a previous Council meeting it was recommended that the HR Committee discuss a stipend for the Adjudication Clerk. After discussion, all Council members agreed. Ald. Pondelicek moved to request Mr. Drazner to set aside a stipend, the amount to be determined and voted upon at the next Finance Committee meeting when the budget is discussed; that will be retroactive to January 1, 2012, seconded by Ald. Musillami and carried unanimously.

20. Ald. Von Drasek thanked the Fire Protection District and Police Department for the quick, courteous and professional response afforded his neighbor who was having a medical problem.

LEGAL REPORT

21. City Attorney Peck sought consideration of an ordinance regarding Construction Bonds and Requiring Cash Bonds for Certain Projects – Letter of Credit Requirements of Section 8-1-5. 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 12-15-O.

22. Atty. Peck sought consideration of an ordinance modifying the Rental Inspection – amending Section 8-10-6(4) Inspections; Violations; Suspension and Revocation of License. He read the amendment aloud. 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 12-16-O.

23. Atty. Peck sought consideration of a hold harmless agreement regarding the construction of exterior stairs at 10705 Dawn Avenue. The exterior stairs do not comply with the City’s Municipal Code. There was a request to allow the stairs to remain if an indemnification agreement is entered into by the parties holding the City harmless. This agreement will be recorded with the Cook County Recorder of Deeds so if ownership is transferred, the new owner is put on notice that the stairs are not in compliance with City Codes. Ald. Von Drasek moved to approve the indemnification agreement as presented, seconded by Ald. Jasinski and carried by Roll Call vote – 5/1. Ald. McDermott opposed.

24. Atty. Peck sought consideration of amending the sign ordinance to provide for Electronic LED Gas Price Signs as a Permitted Use. At present the City Code makes all LED Gas Price Signs a Special Use. As such all gas stations must come before the PC/ZBA for a hearing on retrofitting their signs to provide for LED gas prices. At the hearing held on February 7, 2012, the PC/ZBA recommendation was to make LED gas price signs a permitted use in the City. Ald. Jasinski moved to concur with the PC/ZBA recommendation, seconded by Ald. Musillami and carried by Roll Call vote – 6/0

Clerk Sweeney declared that this will be known as ORDINANCE 12-17-O.

25. Atty. Peck sought consideration of an ordinance to provide for a special use for Maas Auto Business at 5640 LaGrange Road – and to permit an automobile service use at that location. At the hearing held on February 7, 2012, Mr. Maas appeared before the PC/ZBA and requested a special use permitting a business in which less than 50% of its income is derived from sales which generate retailers occupation tax or a service occupation tax, and also a special use permitting an automobile service use upon the real estate commonly known as 5640 South LaGrange Road. After hearing all the testimony and evidence, the PC/ZBA stated that the applicant did meet all the requirements for a special use at that location. There were no oral or written objections at that hearing. It was the PC/ZBA recommendation to grant a special use to Eric Maas for the construction and operation of an automobile service use on the real estate subject to the following conditions: 1) that no payment in lieu of sales tax fee is needed as recommended by the City’s Finance Director, and 2) that all construction and operation be in compliance with City Codes. Ald. McDermott moved to concur with the PC/ZBA recommendation, seconded by Ald. Jasinski and carried by Roll Call vote – 6/0

Clerk Sweeney declared that this will be known as ORDINANCE 12-18-O.

26. Atty. Peck sought consideration of an ordinance to provide for a variance for Maas Auto Business to permit a car detailing business located in the LaGrange Road Corridor Overlay District, and a variance to permit up to 18 parking spaces which do not open directly upon an aisle or driveway upon the real estate commonly known as 5640 South LaGrange Road. At the public hearing held on February 7, 2012, the PC/ZBA heard all testimony and evidence and found that the petitioner had established the requirements for such variations; there were no oral or written objections to the proposed variation. The PC/ZBA did grant the variances so long as the parking variance is in substantial compliance with Petitioner’s Exhibit A, attached to the recommendation. Ald. McDermott moved to concur with the PC/ZBA recommendation, seconded by Ald. Musillami and carried by Roll Call vote – 6/0.

Clerk Sweeney declared that this will be known as ORDINANCE 12-19-O.

CITY ADMINISTRATOR’S REPORT

27. City Administrator Ms. Paul presented pay estimate #1 for $182,990.70 – the first reimbursement to Countryside Harley Properties, LLC. Harley has begun the buildout of the Circuit City property and has submitted the first reimbursement request for TIF eligible costs. The City is questioning one item in the amount of $19,000 – until that matter is resolved, the amount reimbursed will be $163,990.70. Ald. Von Drasek moved to approve the reimbursement as presented, seconded by Ald. Pondelicek and carried by Roll Call vote – 6/0.

STAFF REPORTS

28. City Engineer Fitzgerald presented pay estimate #8 and final for the 2009 Water Main Replacement to Archon Construction Co., in the amount of $19,972.60. Ald. Michalczyk moved to approve, seconded by Ald. Von Drasek and carried by Roll Call vote – 6/0.

ADJOURNMENT

29. Mayor Krzeminski sought a motion to adjourn to Executive Session to discuss labor relations and approve executive session minutes of the Police Committee meeting of 8-17-11. Ald. McDermott moved to adjourn to Executive Session under Section 2Aa of the Open Meetings Act for the purpose of discussing labor relations and approving executive session minutes, seconded by Ald. Musillami and carried by Roll Call vote – 6/0.

Mayor Krzeminski declared the meeting adjourned at 8:28 p.m.

SHARON SWEENEY, CITY CLERK