MINUTES OF A REGULAR MEETING
CITY COUNCIL OF THE CITY OF COUNTRYSIDE, ILLINOIS
HELD IN THE COUNCIL CHAMBERS ON WEDNESDAY, JANUARY 25, 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, Asst. Admin. Peterson, Police Chief Ruth, Fin. Dir. Drazner, ESDA Crd. Norman, Police Bd. Member Burdett.

OMNIBUS AGENDA

2. APPROVAL OF MINUTES: January 11, 2012.

3. STATEMENT OF BILLS through January 25, 2012: $425,367.10.

4. Application for a general business license from Heartland Bank & Trust, 6575 Joliet Road. Type: Bank. Applicant: Patrick Busch.(formerly Western Springs National Bank & Trust).

5. Application for a general business license from Jack Phelan Dodge, 5436 Dansher Road. Type: Warehouse. Applicant: John Phelan. (multiple locations).

6. Application for a one-day special use request from Mainstreet Wines & Spirits, 5425 S. LaGrange Road to hold a Wine Tasting and Seminar at the William Tell on March 25, 2012.

7. Application for a general business license from Chicago Artisan Roasters, Inc., 5408 LaGrange Road. Type: Coffee shop. Applicant: A. Garcia Palacios.

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

ADDITIONS TO AND/OR DELETIONS FROM THE AGENDA

9. One addition to the Agenda was noted by Mayor Krzeminski. The Mayor also announced the Council will go into Executive Session under Section 2B1 of the Open Meetings Act to discuss personnel / employment and to review Executive Session minutes. Ald. Musillami requested that a new sign be installed on the property across from Arby’s. The City Administrator will follow through on the matter.

QUESTIONS AND/OR COMMENTS FROM THE AUDIENCE

10. Ed Pilarski, 6735 Maplewood Road, thanked the Countryside Police for checking up on him. He questioned the Heartland Bank & Trust approval by the City. Mayor Krzeminski noted that this was a takeover from the Western Springs Bank – it is only a change of ownership. He also questioned Modern Tuxedo Rental business, which doesn’t generate much tax dollars. That facility is in the Plaza, not on LaGrange Road and they will be charging sales tax.

11. Mayor Krzeminski noted that Old Country Buffet has closed. Ms. Paul confirmed that the chain is closing 80 stores throughout the country and has filed for Chapter 11 Reorganization. The final comment regards the yellow paint marking off parking spaces on Stalford and Joliet Road; that color is not appropriate; white paint should cover the yellow paint designating the parking spaces. The property owner will be advised.

MAYOR’S REPORT

12. Mayor Krzeminski sought Council approval of the FOP – Police Dispatchers Labor Contract expiring 4-30-14. Ald. Pondelicek moved to approve, seconded by Ald. Musillami and carried by Roll Call vote – 6/0.

Clerk Sweeney declared that this will be known as ORDINANCE 12-02-O.

13. Mayor Krzeminski sought consideration of a letter of support for Helping Hand Rehabilitation Center’s proposed Group Home at 9618 W. 56^thStreet. Ald. Von Drasek moved to approve, seconded by Ald. Pondelicek and carried unanimously.

14. Mayor Krzeminski announced that the City has received a grant in the amount of $133,360 – for the Safe Route to School Project. Thanks to Sharon Peterson, John Fitzgerald and Laura Fast; they were very instrumental in obtaining these grant monies. It is a major amount and will be divided into three groups: $2,300 to promote safe routes to schools; $114,000 to repair / construct sidewalks leading to schools; $16,000 for improved signage. Everyone did an excellent job. Ms. Peterson stated that the Award Letter should be received within the next 7-10 days.

COMMITTEE REPORTS

15. WATER COMMITTEE – ALDERMAN VON DRASEK, CHAIRMAN, presented consideration of draft ordinance 12-01-O increasing water rates by 7% for single/multi- family users; 12% for commercial/industrial users; and 14% for Indian Head Park and LaGrange Highlands users. Regarding the Triangle area adjustment, that matter will be discussed further at a Water Committee meeting. Ald. Jasinski moved to approve, seconded by Ald. Pondelicek. Mayor Krzeminski stated that the WCMC has put together a Regional Water Rate Task Force. The Task Force met with the City of Chicago regarding the recent water rate increase. The City provided no documentation for the rate increase. Another Task Force meeting is set for next Saturday to discuss future steps to be taken. The Chicago water system serves the City and 125 municipalities, affecting 41% of the total Illinois population. Countryside is absorbing the majority of the rate increase and only passing on a portion to residents. Motion carried by Roll Call vote – 6/0

Clerk Sweeney declared that this is known as ORDINANCE 12-01-O.

16. Ald. Von Drasek discussed the meeting of January 23, 2012 of the Countryside Aging Well group. They are working on getting Senior Discounts from area business establishments. So far they have Flagg Creek Golf Course, William Tell Restaurant, Westfield Ford, Infinity Signs, Minuteman Press. Mattress World, Dunkin’ Donuts, Great Clips, McDonald’s, Burger King, JC George’s, Boston Market, Wendy’s and B & B. FYI – the former owner, Pete Kappas, is back in the business, plus Tavern on LaGrange will participate for senior lunches. These businesses will be listed on the Countryside website and also will be included in the newsletter. Teenage volunteers will be helping seniors with the spring cleanup. Treasurer Jasinski stated that Countryside still has the driveway plowing for seniors; they must call and get their name on the list for the DPW to do the job. KUDOS to the DPW – they were right on top of the last snow clean-up.

17. Ald. Jasinski stated that a Recreation Committee meeting will be held next Wednesday, February 1, 2012 at 6:30 p.m.

LEGAL REPORT

18. Attorney Peck presented the PC/ZBA recommendation to consider an ordinance concurring with the PC/ZBA recommendation approving two special uses to permit a rental service store and a special use to permit a business in which less than 50% of income is derived from sales, from Formally Modern Tuxedo, 48 Countryside Plaza. At the hearing on December 22, 2011, the PC/ZBA found that the applicant met all the requirements for the special use; there were no objections made at the hearing. The special use was approved subject to the following conditions: a fee in lieu of sales tax was not recommended; the special use is applicable to all City Codes and the use be established within six months of passage of the ordinance. Ald. Von Drasek 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 12-03-O.

19. Atty. Peck sought consideration of an ordinance concurring with the PC/ZBA recommendation to amend Section 10-6A-1 by adding outdoor storage containers as Permitted Uses in the B-1 Retail District. The recommendation was to allow three outdoor storage containers per lot as permitted uses in the B-1 retail business district so long as the containers are screened from the public right of way. There were no objections and the PC/ZBA recommendation is to allow outdoor storage containers in the retail business district. Ald. Musillami moved to concur with the PC/ZBA recommendation, seconded by Ald. McDermott and carried by Roll Call vote – 6/0

Clerk Sweeney declared that this will be known as ORDINANCE 12-04-O.

20. Atty. Peck sought consideration of an ordinance concurring with the PC/ZBA recommendation to allow four zoning variations at 10545 W. 74^thSt. – Lori Stralow Harris. At the hearing held on January 3, 2012, the applicant made a request to start a butterfly farm which would provide a learning center for children. In that regard the applicant sought four variances – 1) to permit a seasonal butterfly farm and learning center; 2) to permit a tent larger than 50 s.f. for a period longer than 7 days; 3) to permit an accessory building in excess of 1,500 s.f.; and 4) to permit an additional accessory structure on a lot which contains 12 accessory buildings on the real estate commonly known as 10545 W. 74^thSt. After hearing and testimony and evidence, the PC/ZBA approved the requested variances subject to the following conditions: that the tent be set up no earlier than March 30, 2012 and removed no later than October 30, 2012; a building permit must be obtained each year the tent is set up; that the learning center operate during the months of June, July and August only and be limited to ten children per session; that washroom facilities be located adjacent to the tent; and that final approval is conditioned upon a review of the activities at the October 2012 meeting of the PC/ZBA; that construction and operation comply with all City ordinances. There were some objections; residents appeared expressing concern over increased traffic over narrow roads. The PC/ZBA approved the variances nonetheless. Ald. Michalczyk moved to concur with the PC/ZBA recommendation, seconded by Ald. Von Drasek and carried by Roll Call vote – 6/0.

Clerk Sweeney declared that this will be known as ORDINANCE 12-05-O.

21. Atty. Peck sought consideration of an ordinance concurring with the PC/ZBA recommendation to allow a special use permitting the retrofitting of LED gas price digits into an existing double-sided free-standing sign at 5300 LaGrange Road. At the hearing held on January 3, 2012, the PC/ZBA heard all the testimony and evidence and found that the applicant met all the requirements for a special use. The PC/ZBA recommended that a special use be granted permitting the retrofitting of LED gas price digits into an existing sign subject to the following conditions: 1) that no additional signs or temporary signs be on or affixed to the subject free-standing sign; 2) that all construction be in compliance with all applicable codes of the City; and 3) that the use is established within one year from the effective date of any ordinance. Ald. Michalczyk 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 12-06-O.

22. Atty. Peck sought consideration of an ordinance concurring with the PC/ZBA recommendation to allow amending Section 10-6A-2 being Special Uses in the B-1 Retail District to provide for Clothing/Donation Boxes in business districts. The PC/ZBA was asked to reconsider this matter; they held another hearing on January 9, 2012 and it was their recommendation that clothing/donation boxes, with written permission from the property owner, be made a special use in the B-1 retail business district. There were no objections at that time. Ald. Von Drasek moved to concur with the PC/ZBA recommendation, seconded by Ald. Michalczyk and carried by Roll Call vote – 6/0.

Clerk Sweeney declared that this will be known as ORDINANCE 12-07-O.

23. Atty. Peck sought consideration of an ordinance concurring with the PC/ZBA recommendation to amend Section 10-2-4-5 to provide for driveways, sidewalks and stoops as Permitted Obstructions in Required Setbacks. At the hearing held on January 9, 2012, the PC/ZBA recommended that driveways not be closer than 1.5 feet or 3% of the lot width, whichever is greater, to the side lot line, be a permitted use. Any existing driveway may be maintained and rebuilt as it exists. In addition, sidewalks and stoops may encroach onto the front yard, side yard, rear yard up to three feet. There were some objections to driveways so close to the lot line. The PC/ZBA recommendation is to amend the zoning code for driveways, sidewalks and stoops. Ald. Jasinski moved to concur with the PC/ZBA recommendation, seconded by Ald. Musillami and carried by Roll Call vote – 6/0. The Mayor stated this change was necessitated by the many unusual lot sizes in Countryside.

Clerk Sweeney declared that this will be known as ORDINANCE 12-08-O.

24. Atty. Peck presented a draft ordinance amending Title 8 regarding license requirements for vacant buildings. This amendment was suggested by the Building Commissioner and Building Department. Atty. Jeffrey Stein stated that nothing has changed as far as regulations. There is a very good roster of the vacant properties in the City; all require licensing; this will give the Building Commissioner the flexibility to continue his work. Ald. Von Drasek 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 2-09-O.

25. Atty. Peck presented consideration of a draft ordinance amending Title 1 regarding General Penalty made at the request of the Building Department. It includes updates for general penalties. The ordinance addresses fines; each day a violation continues it constitutes a separate offense and ongoing fine. Additional housekeeping items were cleaned up for better processing in the Circuit Court. Ald. McDermott moved to adopt the ordinance as presented, seconded by Ald. Jasinski and carried by Roll Call vote – 6/0.

Clerk Sweeney declared that this will be known as ORDINANCE 12-10-O.

CITY ADMINISTRATOR’S REPORT

26. City Administrator Ms. Paul presented approval of Agreement for Engineering Services for the 2012 Street Rehabilitation Project with Novotny & Associates. The project includes 57^thSt from LaGrange Road to East Avenue; Peck Ave. and Leitch Ave. from Plainfield to 55^thSt. In addition there was discussion with some Aldermen about possible patching at various locations throughout the City – also included in this agreement. Ald. McDermott moved to approve, seconded by Ald. Musillami and carried by unanimous voice vote.

STAFF REPORTS

27. Ms. Paul presented City Engineer Fitzgerald’s report: engineer’s pay estimate #3 and final regarding the 2011 MFT Street Rehabilitation, in the amount of $40,626. 58 to Brothers Asphalt Paving. Ald. Von Drasek moved to approve payment, seconded by Ald. Michalczyk and carried unanimously.

ADJOURNMENT

28. There being no further business to discuss, Ald. McDermott moved to adjourn to Executive Session under Section 2B1 of the Open Meetings Act to discuss personnel, and to review and approve various Executive Session minutes, seconded by Ald. Von Drasek and carried by Roll Call vote – 6/0

Mayor Krzeminski declared the meeting adjourned at 8:09 p.m.

SHARON SWEENEY, CITY CLERK