Meeting Minutes

Regular Meeting of the City Council

Wednesday, July 22, 2015

7:30 PM

City Hall

City Council Members

Mayor, Sean R. McDermott

City Clerk, Susan Burdett

Treasurer, Caryn Stancik

Aldermen, James Jasinski, Thomas Mikolyzk, Scott Musillami, Robert Pondelicek, John Von Drasek and Mark Benson

A. CALL TO ORDER – Pledge of Allegiance.

The meeting was called to order at 7:30 PM.

B. ROLL CALL

City Clerk Burdett called the roll of those physically present as follows:

Present: Mayor McDermott, Alderman Pondelicek, Alderman Mikolyzk, Alderman Jasinski, Alderman Von Drasek, Alderman Musillami, Alderman Benson, City Clerk Burdett, Treasurer Stancik

Absent:City Administrator Paul

Also Present:Police Chief Ford, City Engineer Fitzgerald, Asst. City Administrator Peterson, Deputy City Clerk Carey, City Attorney Peck, Finance Director Schutter, Zoning Administrator Clarke, ESDA Coordinator Norman, PC/ZBA Chairman Fullmer

C. OMNIBUS AGENDA

1. The Minutes of the Regular Meeting of July 8, 2015 were previously distributed to the members of the City Council. Mayor McDermott asked if there were any corrections to be made to said Minutes. One correction was noted to page 3, Item E6 – Chief John Buckley was not present; he will be sworn in at a later date.

2. The Statement of Bills was submitted for payment through July 22, 2015: $402,705.98.

I move to approve the minutes of the City Council Meeting of July 8, 2015 and to approve the Statement of Bills through July 22, 2015 in the amount of $402,705.98.

A motion was made by Alderman Musillami, seconded by Alderman Pondelicek, that this matter be APPROVED. The motion carried by the following vote:

Aye: 6 Alderman Von Drasek, Alderman Jasinski, Alderman Pondelicek, Alderman Mikolyzk, Alderman Musillami, Alderman Benson

Nay: 0

D. COMMUNICATIONS FROM THE PUBLIC

Tom Robb, 11234 Thornburg Drive, Effingham, IL regarding 10035 5^thAvenue Cutoff. This property was in his parents’ name; the property is located at the end of a street next to the I-55 ramp and railroad tracks. The current tenants there, have been on site since 2007; he would like to continue that. He is seeking to avoid the text amendment reverting the property back to R-7 if there is 50% destruction of buildings or change in ownership of the property. Mayor McDermott stated that the City Council is voting on the ordinance to allow him to continue the current use; other issues cannot be addressed this evening. Mr. Robb stated that his position is to continue the property as is. The Mayor stated that the City Council will take his position into consideration this evening.

E. MAYOR’S REPORT

Mayor McDermott commended the CBA for the great job they did at the carnival last weekend. The hot weather was a factor but there still was a good turnout; everyone had a great time. Many thanks to all the volunteers and especially Russ Nicoletti and Carm Scarpace for their hard work. It was a great community event for the City.

F. CITY CLERK’S REPORT

City Clerk Burdett sought Council consideration of a Resolution authorizing the release for public view the minutes of all closed sessions that no longer require confidentiality.

A motion was made by Alderman Musillami, seconded by Alderman Mikolyzk, that this matter be APPROVED. The motion carried by the following vote:

Aye: 6 Alderman Von Drasek, Alderman Jasinski, Alderman Pondelicek, Alderman Mikolyzk, Alderman Musillami, Alderman Benson

Nay: 0

CLERK BURDETT DECLARED THAT THIS WILL BE KNOWN AS RESOLUTION 15-13-R.

G. TREASURER’S REPORT – NO REPORT

H. COMMITTEE AND COMMISSION REPORTS FOR DISCUSSION, CONSIDERATION AND, IF SO DETERMINED, ACTION UPON:

1. ECONOMIC DEVELOPMENT – NO REPORT

2. FINANCE COMMITTEE-NO REPORT

3. HUMAN RESOURCES COMMITTEE

a. Alderman Musillami requested Council approval for employee promotion of Karen Melone from Clerk to Senior Clerk position.

A motion was made by Alderman Von Drasek, seconded by Alderman Pondelicek, that this matter be APPROVED. The motion carried by the following vote:

Aye: 6 Alderman Von Drasek, Alderman Jasinski, Alderman Pondelicek, Alderman Mikolyzk, Alderman Musillami, Alderman Benson

Nay: 0

b. Alderman Musillami requested Council approval to utilize a temporary placement agency to fill the vacant position in the Clerk’s Office until a permanent employee is hired.

A motion was made by Alderman Mikolyzk, seconded by Alderman Jasinski, that this matter be APPROVED. The motion carried by the following vote:

Aye: 6 Alderman Von Drasek, Alderman Jasinski, Alderman Pondelicek, Alderman Mikolyzk, Alderman Musillami, Alderman Benson

Nay: 0

c. Alderman Musillami directed Staff to advertise in the Suburban Life, also covering Monster.com online advertising, for the Clerk position.

A motion was made by Alderman Mikolyzk, seconded by Alderman Pondelicek, that this matter be APPROVED. The motion carried by the following vote:

Aye: 6 Alderman Von Drasek, Alderman Jasinski, Alderman Pondelicek, Alderman Mikolyzk, Alderman Musillami, Alderman Benson

Nay: 0

4. INFRASTRUCTURE COMMITTEE

a. Alderman Von Drasek sought consideration of an ordinance establishing a prohibition on yard and driveway decorations. The City does not wish to eliminate them completely; just to limit the number allowed to eight.

A motion was made by Alderman Musillami, seconded by Alderman Benson, that this matter be APPROVED. The motion carried by the following vote:

Aye: 5 Alderman Von Drasek, Alderman Pondelicek, Alderman Mikolyzk, Alderman Musillami, Alderman Benson

Nay: 1 Alderman Jasinski

Clerk Burdett declared that this will be known as ORDINANCE 15-30-O.

b. Alderman Von Drasek sought consideration of an ordinance regarding fines for violations of Building Codes – failure to show up for inspection; there will be a charge for re-inspection.

A motion was made by Alderman Jasinski, seconded by Alderman Benson, that this matter be APPROVED. The motion carried by the following vote:

Aye: 6 Alderman Von Drasek, Alderman Pondelicek, Alderman Mikolyzk, Alderman Musillami, Alderman Benson, Alderman Jasinski

Nay: 0

Clerk Burdett declared that this will be known as ORDINANCE 15-31-O.

5. LICENSE COMMITTEE- NO REPORT

6. PLAN COMMISSION/ZONING BOARD OF APPEALS

a. City Attorney Peck sought consideration of an ordinance granting a special use variance to Chipotle Mexican Grill permitting an outdoor patio. On 7-7-15 Countryside Partners II LLC appeared before the PC/ZBA seeking a special use permit for an outdoor patio of approximately 600 s.f. on the property commonly known as 5801 S. LaGrange Road. After hearing all the evidence and testimony, the PC/ZBA recommended approval of the special use for a 600 s.f. patio subject to the following conditions: Construction of said patio be in substantial compliance with Petitioner’s Exhibits A and B; and Final Approval is pending a review and acceptance by the City Engineer of the City traffic study and the Chipotle updated traffic study.

A motion was made by Alderman Pondelicek, seconded by Alderman Von Drasek, that this matter be APPROVED. The motion carried by the following vote:

Aye: 6 Alderman Von Drasek, Alderman Pondelicek, Alderman Mikolyzk, Alderman Musillami, Alderman Benson, Alderman Jasinski

Nay: 0

Clerk Burdett declared that this will be known as ORDINANCE 15-32-O.

b. City Attorney Peck sought consideration of an ordinance granting variations to Countryside Partners II LLC at 5801 S. LaGrange Road for: building setback, parking lot design and lot Landscaping. On 7-7-15 the parties appeared before the PC/ZBA seeking a number of variance as follows: Building Setback to reduce the front yard setback from 25′ to 24’8 and the corner side yard setback from 25′ to 13’6; to reduce the required rear yard adjacent to residential property from 10′ to 7’3; Parking Lot Design variance to reduce the required parking stall length from 20′ to 18′; and Commercial Landscaping and Screening Parking lot Landscaping variance to reduce the minimum 5′ wide landscape area on the south parking lot perimeter to 3′ wide, all on the property commonly known as 5801 S. LaGrange Road. At the hearing the PC/ZBA heard all the evidence and testimony and recommended approval of the variations subject to the following conditions: that all construction be In substantial conformity with Petitioner’s Exhibits A and B, and final approval is pending review and acceptance by the City Engineer of the City traffic Study and the Chipotle updated traffic study.

A motion was made by Alderman Jasinski, seconded by Alderman Benson, that this matterbe APPROVED. The motion carried by the following vote:

Aye: 6 Alderman Von Drasek, Alderman Pondelicek, Alderman Mikolyzk, Alderman Musillami, Alderman Benson, Alderman Jasinski

Nay: 0

Clerk Burdett declared that this will be known as ORDINANCE 15-33-O.

c. Attorney Peck sought consideration of an ordinance granting a variation to Robert and Kate Naurath permitting construction of a four-foot open style fence Instead of the permitted three-foot fence upon the property commonly known as 6839 Lorraine Drive. On 7-7-15 the parties appeared before the PC/ZBA seeking a variance to permit a four-foot open-style fence instead of a three-foot fence. After hearing all the evidence and testimony, the PC/ZBA noted that all the requirements had been met and recommended approval to permit construction of a four-foot open style fence in the required setback subject to the following conditions: that placement and construction of the fence be in substantial compliance with Petitioner’s Exhibit A, and that all construction and operation permitted by such variation shall be subject to all applicable codes and regulations of the City of Countryside. Ms. Clarke was asked if the City is considering revisions to the Ordinance. Ms. Clarke stated that at the August meeting the PC/ZBA will address a text amendment allowing the four-foot open style fence since it does provide more security but does not impact vision at the intersections. Existing fences will not be affected except on a case-by-case basis as they come up for replacement.

A motion was made by Alderman Von Drasek, seconded by Alderman Mikolyzk, that this Matter be APPROVED. The motion carried by the following vote:

Aye: 6 Alderman Von Drasek, Alderman Pondelicek, Alderman Mikolyzk, Alderman Musillami, Alderman Benson, Alderman Jasinski

Nay: 0

Clerk Burdett declared that this will be known as ORDINANCE 15-34-O.

d. Attorney Peck sought consideration of an ordinance amending Ordinance 07-08-O for the Rezoning of 10035 5^thAvenue Cutoff. On 7-7-15 Mr. Robb appeared before the PC/ZBA seeking to amend the above ordinance which rezoned the property to R-7 with a special stipulation that would permit continued uses on the property; those uses were landscaping and other small businesses using that property. The conditions allowed the use so long as the Senior Mr. Robb owned the property. Mr. Robb sold half the property consisting of the house and one-half acre of land which negated the special authorization to continue the businesses that were on the property. Mr. Robb requested an amendment to that Ordinance. With that amendment Mr. Robb can continue using the property as is. After hearing all the testimony and evidence, the PC/ZBA recommended amending Ordinance 07-08-O. Ald. Von Drasek agrees with the uniqueness of the property; there have been no complaints or traffic issues; is there any way in the future to put a special use on the property. Attorney Peck stated that is a possibility in the future once the issue of property usage is definitely established.

A motion was made by Alderman Mikolyzk, seconded by Alderman Von Drasek, that this Matter be APPROVED. The motion carried by the following vote:

Aye: 6 Alderman Von Drasek, Alderman Pondelicek, Alderman Mikolyzk, Alderman Musillami, Alderman Benson, Alderman Jasinski

Nay: 0

Clerk Burdett declared that this will be known as ORDINANCE 15-35-O

7. POLICE COMMITTEE – NO REPORT

8. RECREATION COMMITTEE

Ald. Jasinski stated that the home stretch of the Concert Series is coming into view.

Tomorrow evening the Wild Daisy Band (country western) will open the program for the Chicago Soul Revue (rhythm & blues). Food will be provided by Pisa Pizza and dessert from Tropical Sno. As a special event for the Countryside 55^thAnniversary, there will be a special drawing for 55 attendees. July 30^this the scheduled fireworks evening. Come early and get a good seat.

9. WATER COMMITTEE – NO REPORT

10. FLAGG CREEK ADVISORY BOARD

Alderman Von Drasek sought consideration of National Pepsi Golf Beverage Program contract. Asst. Admin. Ms. Peterson stated that this matter was discussed in February or March at the Flagg Creek Advisory Board Meeting. Quotes were received from both Pepsi and Coke and met with both reps. Unfortunately Coca Cola never produced any written contract. The Pepsi contract finally came in last week. After review by the City Attorney and Ms. Peterson, both are comfortable moving forward with the Pepsi contract.

A motion was made by Alderman Musillami, seconded by Alderman Jasinski, that this Matter be APPROVED. The motion carried by the following vote:

Aye: 6 Alderman Von Drasek, Alderman Pondelicek, Alderman Mikolyzk, AldermanMusillami, Alderman Benson, Alderman Jasinski

Nay: 0

I. LEGAL REPORT

1. Attorney Peck sought consideration of a resolution approving the destruction of closed session minute recordings. This would authorize the Clerk to destroy closed session verbatim recordings of all Executive Session minutes no sooner than 18 months after completion of the minutes.

A motion was made by Alderman Musillami, seconded by Alderman Benson, that this Matter be APPROVED. The motion carried by the following vote:

Aye: 6 Alderman Von Drasek, Alderman Pondelicek, Alderman Mikolyzk, Alderman Musillami, Alderman Benson, Alderman Jasinski

Nay: 0

Clerk Burdett declared that this will be known as RESOLUTION 15-14-R.

2. Attorney Peck sought consideration of a resolution repealing 15-11-R – which was passed earlier this year which would permit the Treasurer to be eligible for IMRF. That is no longer feasible since that is a part-time position that does not exceed the required 1,000 hours per year. It is the request of the Clerk’s Office to repeal that Resolution.

A motion was made by Alderman Von Drasek, seconded by Alderman Mikolyzk, that this Matter be APPROVED. The motion carried by the following vote:

Aye: 6 Alderman Von Drasek, Alderman Pondelicek, Alderman Mikolyzk, Alderman Musillami, Alderman Benson, Alderman Jasinski

Nay: 0

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

J. CITY ADMINISTRATOR’S REPORT

1. City Administrator Paul – absent – Asst. Admin. Ms. Peterson sought consideration of an

Engagement Letter from Mr. Ronald J. Belmonte to continue adjudication services.

A motion was made by Alderman Von Drasek, seconded by Alderman Mikolyzk, that this Matter be APPROVED. The motion carried by the following vote:

Aye: 6 Alderman Von Drasek, Alderman Pondelicek, Alderman Mikolyzk, Alderman Musillami, Alderman Benson, Alderman Jasinski

Nay: 0

2. Ms. Peterson presented consideration of a request from Countryside Partners, LLC for a waiver of building permit fees to help offset the estimated storm water improvement costs.The Chipotle site plan submitted leaves the current drainage as is. The City Engineer recommended detention on this site despite the small size (≤ 1/2 acre). As properties are redeveloped, Staff tries to improve storm water management within the City. To this extent the developers will be extending the storm water drain pipe on 58^thSt. to the property limits and providing storm water outflow to the city sewer system. The estimated cost of this design change is $30,000. City recommends waiving the building permit fees, (over $15,000) to help offset this cost. Ald. Jasinski asked whether this will affect the capacity of sewers downstream on 58^thSt. Mr. Fitzgerald stated not really; it is minimal flow. Chipotle will extend the sewer and increase the permeable areas and build a rain garden to help residents downstream.

A motion was made by Alderman Musillami, seconded by Alderman Pondelicek, that this Matter be APPROVED. The motion carried by the following vote:

Aye: 6 Alderman Von Drasek, Alderman Pondelicek, Alderman Mikolyzk, Alderman Musillami, Alderman Benson, Alderman Jasinski

Nay: 0

K. STAFF REPORTS

1. CHIEF OF POLICE

Police Chief Ford described an incident wherein an individual was found unresponsive on the ground behind an office building on July 20, 2015, at approximately 7:30 a.m. He was transferred to the hospital; he had no identification on him whatsoever. He was brought into surgery, had a brain bleed and is still hospitalized in the ICU. The Police Department used Facebook in an effort to identify him by photo; they got the information out to 90,000 individuals and within 27 hours a relative did come forward from Flossmoor, Illinois who identified him as an uncle and came to the hospital. There was a positive outcome to the incident. Mayor McDermott lauded the Police Department for their efforts.

2. ASSISTANT CITY ADMINISTRATOR

Ms. Peterson sought authorization to apply for a grant through the National Fish and Wildlife Foundation (NFWF). The City received the letter on July 6 – the deadline to apply is Monday, July 27. She met with Supt. Essig and they came up with four ideas. After discussing these four with NFWF Staff, only two are eligible for funding – the permeable pavers at 59^thSt. near Countryside Park and permeable pavement in various residential alleys. This is a grant opportunity through Chi-Cal Rivers Fund, which Countryside is not a part of; as such $1.4 million is available preferably to communities that have matching grants. Mr. Fitzgerald has estimated the cost of these projects as $250K for the permeable pavers at 59^thSt. and $160K for each of four alleys; matching funds on a 1-1 ratio. After discussion it was noted that these amounts have not been budgeted. Ald. Mikolyzk asked whether the City is doing this because of the grant – basically yes. Mr. Fitzgerald stated that conventional paving of alleys is much cheaper; the City has a program re: alley paving. Ald. Musillami asked about long-term maintenance. Mr. Fitzgerald stated that a special edge on the plow is needed. A reply is needed by 4 pm Monday. Mayor McDermott sought Council’s opinion. After discussion, it was agreed to table the matter.

A motion was made by Alderman Jasinski, seconded by Alderman Benson, that this Matter be TABLED. The motion carried by the following vote:

Aye: 6 Alderman Von Drasek, Alderman Pondelicek, Alderman Mikolyzk, Alderman Musillami, Alderman Benson, Alderman Jasinski

Nay: 0

3. CITY ENGINEER

a. City Engineer Fitzgerald sought consideration of Change Order #2 and Final for 2014 Concrete Alley Improvements – resulting in an overage to Davis Concrete in the amount of $21,779 as explained in his memo to Council.

A motion was made by Alderman Musillami, seconded by Alderman Jasinski, that this Matter be APPROVED. The motion carried by the following vote:

Aye: 6 Alderman Von Drasek, Alderman Pondelicek, Alderman Mikolyzk, Alderman Musillami, Alderman Benson, Alderman Jasinski

Nay: 0

b. Mr. Fitzgerald sought consideration of pay estimate #4 and final for the 2014 Concrete Alley Improvements to Davis Concrete for $39,302.04.

A motion was made by Alderman Musillami, seconded by Alderman Mikolyzk, that this Matter be APPROVED. The motion carried by the following vote:

Aye: 6 Alderman Von Drasek, Alderman Pondelicek, Alderman Mikolyzk, Alderman Musillami, Alderman Benson, Alderman Jasinski

Nay: 0

c. Mr. Fitzgerald sought consideration of change order #1 and final for the 2014 Water Main Replacement to Riccio Construction in the amount of $180,025.79. The letteroutlines all the changes included.

A motion was made by Alderman Pondelicek, seconded by Alderman Musillami, that this Matter be APPROVED. The motion carried by the following vote:

Aye: 6 Alderman Von Drasek, Alderman Pondelicek, Alderman Mikolyzk, Alderman Musillami, Alderman Benson, Alderman Jasinski

Nay: 0

d. Mr. Fitzgerald sought consideration of pay estimate #3 and final for City Welcome Signs to Infinity Communications in the amount of $27,518.78. Mayor McDermott highlycommended the signs and noted complimentary remarks by residents.

A motion was made by Alderman Musillami, seconded by Alderman Von Drasek, that this Matter be APPROVED. The motion carried by the following vote:

Aye: 6 Alderman Von Drasek, Alderman Pondelicek, Alderman Mikolyzk, AldermanMusillami, Alderman Benson, Alderman Jasinski

Nay: 0

e. Mr. Fitzgerald sought consideration of pay estimate #1 for Park Playground Surface Improvements to Elanar Construction in the amount of $106,103.70

A motion was made by Alderman Jasinski, seconded by Alderman Pondelicek, that this Matter be APPROVED. The motion carried by the following vote:

Aye: 6 Alderman Von Drasek, Alderman Pondelicek, Alderman Mikolyzk, Alderman Musillami, Alderman Benson, Alderman Jasinski

Nay: 0

f. Mr. Fitzgerald stated that the next two items – presentation and recommendation of traffic study for the NW corner of 58^thSt. & LaGrange Road – are informational at thistime – pertinent to Andy’s Frozen Custard and Chipotle Mexican Grill. He summarized the findings for both studies. The Chipotle study revealedthat the peaktraffic for Chipotle does not coincide with the peak traffic for Andy’s.Andy’s peaks atapproximately 7:30 p.m. – that’s when the backups start occurring. Chipotle’s business is actually on the downturn at that time; their peak hours are for thenoonlunchtime crowd. Chipotle traffic will not have a significant impact on roadway areas; Mr. Fitzgerald concurs in that finding.

g.Regarding the City’s traffic study, residents alerted the City that Andy’s traffic is backing up. Mr. Fitzgerald set up video cameras and monitored their entrances for fourconsecutive days, Thursday through Sunday, from 11 a.m. through 11:30 p.m. They found that no queueing occurs on the typical weekday. The drive-thru operation forAndy’s Frozen Custard is somewhat inefficient; the ordering, payment and pickupprocess all occur at the same drive-thru window causing considerable delay. Potential alternatives to improve operations include site circulation discussion with Andy’s management. Other suggestions involve an employee taking orders outside anddirecting traffic to get traffic off 58^thSt. and into the drive-thru faster. MayorMcDermott stated that some of these ideas arealready being implemented.

Ald. Von Drasek asked about the time frame for this year’s street resurfacing. Mr. Fitzgerald stated that the contract was awarded and signed by the contractor. The document is at the City awaiting the Mayor and Clerk’s signatures. When the document is returned, a preconstruction meeting is scheduled, after which there is a two-week timeframe for work to begin. Ald. Von Drasek asked whether that will address the water issue at Parkside as well. Mr. Fitzgerald stated that Parkside is a separate draining issue that will come under the Fall contract.

L. ADJOURNMENT

A motion was made by Alderman Musillami, seconded by Alderman Benson that this meeting be ADJOURNED. The motion carried by the following vote:

Aye: 6 Alderman Von Drasek, Alderman Jasinski, Alderman Pondelicek, Alderman Mikolyzk, Alderman Musillami, Alderman Benson

Nay: 0

Mayor McDermott declared the meeting adjourned at 8:17 p.m.

/fp

DATE APPROVED:

Respectfully Submitted,

SUSAN BURDETT, CITY CLERK