MINUTES OF A REGULAR MEETING
CITY COUNCIL OF THE CITY OF COUNTRYSIDE, ILLINOIS
HELD IN THE COUNCIL CHAMBERS ON WEDNESDAY, JUNE 22, 2011

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 A. Krzeminski, Aldermen: Robert Pondelicek, John Von Drasek, James Jasinski, Sean McDermott, Karen Michalczyk, Wayne Straza.

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

OMNIBUS AGENDA

2. APPROVAL OF MINUTES – Council Meeting of June 8, 2011; Public Hearingre: Flood Plain; Public Hearing re: OSLAD Grant – 6-2-11.

3. STATEMENT OF BILLS through June 22, 2011: $450,041.00.

4. Application for a Special Event from Inland Bank to hold a Fraud Prevention Seminar on June 15, 2011 in parking lot with complimentary lunch served. (formal approval requested).

5. Application for a general business license from BENNEY’S BARBER SHOP, 907 55^th St. Type: Hair Salon. Applicant: Teuta Breca.

6. Application for a one-day special use request from BMW MOTORCYCLES OF COUNTRYSIDE, 6150 LaGrange Road to hold a grand opening event on Saturday, June 25, 2011 from 9 am to 6 pm.

7. Request from the William Tell Inn to conduct a car wash on June 25 from 9 am to 3 pm in conjunction with the American Cancer Society Relay for Life event. All proceeds donated to the Cancer Society. Request waiving permit fee.

8. Mayor Krzeminski asked to delay the application of Benney’s Barber Shop for discussion later in the agenda. Ald. McDermott moved to approve the Omnibus Agenda as presented, seconded by Ald. Pondelicek and carried unanimously.

ADDITIONS TO AND/OR DELETIONS FROM THE AGENDA

9. Additions to the Agenda were noted by Mayor Krzeminski and Ald. Von Drasek.

QUESTIONS AND/OR COMMENTS FROM THE AUDIENCE

10. Kelly Daylor, 736 Barton Road, seeks information regarding return of the City’s portion of real estate property tax and the return to pre-2007 levels. Mayor Krzeminski noted the gas tax reduction previously enacted; Finance Committee recommendations will be posted online for all residents to review.

11. Raoul Figueroa and Annabell Ortega, 5516 – 7^th Ave. Home construction began in 2005; Berzac & Berzac Contractors did not follow the approved plan. The plan must be revised; the building inspector will not issue an occupancy permit until the final topo is approved. The plan and the driveway must be reconfigured; they cannot afford that. What can they do to comply? They sent an email to the Mayor. Asst. Admin. Ms. Peterson stated that the matter is in adjudication; a citation was issued in May and it was continued to July 14 to get all the plans in order. Mayor Krzeminski apologized for being unfamiliar with the matter; he asked to receive full information ASAP. The City will be in contact with them prior to the next hearing.

MAYOR’S REPORT

12. Mayor Krzeminski moved to table Items A, B and C on the Agenda until the next City Council meeting. Ald. McDermott believes the matters cannot be tabled. Tabling means the matters are approved, so they cannot be tabled. The Mayor stated that new details should be made available to City Council. Attorney Peck stated that Ald. McDermott is correct, that with the report from the Mayor and the letter sent out to City Council, State Statute requires that the matter be heard at the next City Council meeting. This is the next meeting.

13. Report of the reasons for the removal of Erik Peck, the Peck Law Offices and Raysa & Zimmerman as Municipal Attorney. Mayor Krzeminski stated that the reasons for removal are basically financial. The City could do a better job with another law firm as far as cost effectiveness. Mayor Krzeminski asked if there is any motion to disapprove of the removal. Ald. McDermott moved to disapprove of the removal, seconded by Ald. Von Drasek and carried by Roll Call vote – 6/0.

14. Consideration of donation of $250 to Pleasantdale Park District for the Fireworks Show for the July 4^th Celebration. Mayor Krzeminski stated that this is a big event attended by many City residents. Ald. McDermott stated that every dollar the City spends makes it more difficult to abate taxes. Ward 2 is in that park District. Ald. Straza moved to approve, seconded by Ald. Pondelicek and denied by Roll Call vote – 2/4.

AYES: Pondelicek, Straza

NAYS: Michalczyk, McDermott, Von Drasek, Jasinski

Motion denied – 2/4.

15. Mayor Krzeminski stated that on Monday, June 27, there will be a public hearing at LTHS South Campus between 4-7 p.m. regarding the Joliet Road Closure. This hearing is sponsored by IDOT and concerns local roadways including East Avenue to Wolf Road, and from north of 55^th St. to Joliet Road. He urged residents to attend the meeting and make their concerns known. This is a $40 million plus street improvement agreement; this is the time to make comments and register complaints.

16. Mayor Krzeminski anticipates Gov. Quinn’s signature on Illinois House Bill 1730 to assist communities in becoming more efficient and effective re: economic development process. It pertains to all counties in Illinois.

TREASURER’S REPORT

17. City Treasurer Jasinski commented on the upcoming meeting at LTHS South Campus on Monday, June 27. This is a very important meeting for residents of our community. Municipalities to the north are trying to get those funds. This is one of the top projects identified by IDOT due to issues resulting from Vulcan’s blasting in Countryside; we need those funds to stay here. We need a good showing of residents to emphasize that this is our top priority as well. It’s important to be there at 4 pm when IDOT will show their plans; please attend and make your presence known. Ald. Von Drasek stated that city businesses located there have suffered the greatest impact.

COMMITTEE REPORTS

18. BUSINESS LICENSE COMMITTEE – ROBERT PONDELICEK, CHAIRMAN, asked to defer the application for a general business license from Accelerated Rehabilitation Centers until after the Legal Report.

19. Mayor Krzeminski discussed the general business license application for Benney’s Barber Shop, 907 55^th St. The owner must acquire some state licenses; although he has done so, due to a delay on the State’s part, that processing will take several more weeks. He has sent the State’s application and the fee via Express Mail. Ald. Straza discovered that he has applied for the cosmetologist license and the salon license. Ald. Pondelicek moved to approve the license contingent upon his receipt of the State license, seconded by Ald. Michalczyk and carried by unanimous voice vote.

20. HUMAN RESOURCE COMMITTEE – ROBERT PONDELICEK, CHAIRMAN, presented the recommendation to extend the offer for a 4-year employment contract to Gail Paul as City Administrator. Ald. Von Drasek moved to approve contingent upon attorney review, seconded by Ald. Michalczyk. Mayor Krzeminski stated that after his review he wishes to discuss sections of the contract in Executive Session. He suggested tabling this matter until Council returns to Regular Session. Ald. Von Drasek withdrew his motion; Ald. Michalczyk withdrew her second.

21. Ald. Pondelicek presented the recommendation to extend the offer for a 4-year employment contract to Michael Ruth as Police Chief. The same applies to this contract; it will be discussed in Executive Session and voted upon after return to Regular Session later tonight.

ECONOMIC DEVELOPMENT COMMITTEE – ALDERMAN SEAN MC DERMOTT, CHAIRMAN, presented the recommendation for Illinois Harley Davidson to install temporary signs at 9950 Joliet Road. This formalizes the motion made by Ald. Jasinski for temporary signage at the ILHD Dealership. Ald. Von Drasek moved to approve, seconded by Ald. Jasinski and carried unanimously.

23. Ald. McDermott presented the recommendation for Novotny & Assoc. to proceed with a traffic study of the LaGrange Road Corridor to make recommendations on traffic signals as it pertains to the development not to exceed $11,000. Ald Jasinski moved to approve, seconded by Ald. Straza and carried unanimously.

24. Ald. McDermott presented the recommendation to seek authorization to bid for environmental work and demolition of 5949 LaGrange Road (Dodge City), 6001 LaGrange Road (Ethan Allen), 9960 Joliet Road (Toyota) and 5539 Peck (Triangle Park). Ald. Straza moved to approve, seconded by Ald. Von Drasek and carried by Roll Call vote – 6/0

LEGAL REPORT

25. City Attorney Peck presented the draft resolution adopting the Prevailing Rate of Wages of Employees on Public Works. In the past the City has adopted the County’s findings on those rates. Ald. McDermott moved to adopt the Resolution and waive the second reading, seconded by Ald. Von Drasek and carried unanimously.

Clerk Sweeney declared that this will be known as RESOLUTION 11-9-R.

26. Atty. Peck presented the request of Mr. Jim Arce of Tavern on LaGrange for an additional 30-day extension of Ordinance 10-53.O. This is his second request. Ald. Straza moved to approve, seconded by Ald. Pondelicek. Mayor Krzeminski stated that this should be his final extension; Council agreed. Motion carried unanimously.

27. Atty. Peck presented three PC/ZBA recommendations re: Accelerated Rehabilitation Center, 6502 Joliet Road – the first is to rezone the property from B-1 Retail Zoning to B-2 Limited Service Business District. Ald. Michalczyk moved to concur with the PC/ZBA recommendation, seconded by Ald. Pondelicek and carried unanimously.

Clerk Sweeney declared that this will be known as ORDINANCE 11-39-O.

28. Atty. Peck stated that the above applicant has applied for a special use permitting the operation of a physical therapy facility upon the real estate commonly known as 6502 Joliet Road, Unit B. On June 14, 2011, Accelerated Rehabilitation Center appeared before the PC/ZBA for a special use. After hearing all testimony and evidence, the PC/ZBA noted that all requirements for a special use have been met and their recommendation was to grant a special use as requested. Ald. Von Drasek moved to concur, seconded by Ald. Michalczyk and carried unanimously.

Clerk Sweeney declared that this will be known as ORDINANCE 11-40-O.

29. Atty. Peck stated that the above applicant has also applied for a parking variance request in connection with the above property. Accelerated Rehabilitation Center and Oak Forest Investment Group appeared before the PC/ZBA on June 14, 2011, requesting a parking variance. The location is required to have 14 parking spaces available for the facility. Currently only three parking spaces are available on the property allocated to the rehabilitation center. The main feature is a medical records office owned by Oak Forest Investment Group at that location; they only use three of the available 14 parking spaces. The entire building has 39 parking spaces; 14 spaces are allocated to Unit A, but they only have two employees. The PC/ZBA recommended approving the variance and found there are sufficient parking spaces on the property commonly known as 6502 Joliet Road. Ald. Straza moved to concur, seconded by Ald. McDermott and carried unanimously.

Clerk Sweeney declared that this will be known as ORDINANCE 11-41-O.

30. Atty. Peck presented the PC/ZBA recommendation to rezone 9950 Joliet Road from B-2 to B-3 to permit construction and operation of the Illinois Harley-Davidson Motorcycle Dealership. On June 7, 2011, the applicant appeared before the PC/ZBA requesting a rezoning of 9950 Joliet Road from B-2 Limited Service to B-3 Service and Wholesale Zoning district. After hearing all the evidence and testimony, the PC/ZBA recommended approval of the rezoning. Ald. McDermott moved to concur, seconded by Ald. Von Drasek and carried unanimously.

Clerk Sweeney declared that this will be known as ORDINANCE 11-42-O.

31. Atty. Peck presented the PC/ZBA recommendation for a variance allowing the construction of 8 regular parking stalls in the front yard setback area of 5459 LaGrange Road, on 55^th Street. On June 7, 2011, the applicant, Ray Manz, appeared before the PC/ZBA. After hearing all the evidence and testimony, the PC/BA found that he met the requirements for such a variation, and they allowed the variance as requested. Ald. McDermott moved to concur, seconded by Ald. Jasinski and carried by unanimous voice vote. There will be a reciprocal easement agreement on the property which will result in greenbelt uniformity along 55^th Street.

Clerk Sweeney declared that this will be known as ORDINANCE 11-43.O.

32. Atty. Peck presented the PC/ZBA recommendation for a special use amending Ordinance 04-27-O re: Fuller’s Market & Lube Center to permit the construction and operation of 3 additional oil change auto service bays at 5620 Brainard Avenue. On June 7, 2011, the applicant appeared before the PC/ZBA. After hearing all evidence and testimony, it was their recommendation to approve amending the special use subject to entering into a reciprocal parking easement with their facility across the street. This easement will be recorded with the Cook County’s Clerk’s Office allowing the parking of vehicles across the street at the car wash facility. The easement will run with the property; in the event of sale of either property, they must provide a 12-month notice to the City to cancel the easement and remedy the situation. Ald. Straza moved to concur, seconded by Ald. Pondelicek.

33. Ald. McDermott suggested installation of a sidewalk on the east and north of the property for safety reasons. Atty. Peck stated that the issue was not raised at the hearing. Ms. Peterson stated that Mr. Fuller will forego a $5,000 bond held by the City to not install the sidewalk from the original project. Ald. McDermott moved to amend the original motion to include sidewalk installation on Plainfield Road, seconded by Ald. Von Drasek. Ald. Straza sought a cost estimate from the City engineer for a functional pedestrian thoroughfare. Mayor Krzeminski suggested that the City refund the $5,000 bond and Mr. Fuller will be responsible for the sidewalk going west on Plainfield Road to end at the driveway. Mr. Fitzgerald provided a guesstimate of $9,000; sidewalks are not allowed on Brainard Ave. per Cook County. Motion carried by Roll Call vote – 5/1 – Ald. Straza opposed. The original motion carried by Roll Call vote – 5/1 – Ald. Straza opposed.

Clerk Sweeney declared that this will be known as ORDINANCE 11-44-O.

34. Ald. Pondelicek sought a motion to approve a general business license from Accelerated Rehabilitation Centers, 6502 W. Joliet Road, Unit B. Ald. Von Drasek moved to approve, seconded by Ald. Jasinski and carried unanimously.

35. Ald. Von Drasek reminded residents about tomorrow night’s Concert in the Park; many sponsors are present tonight, bring the family – Jordan and the Shepherds will entertain; food provided by Little Joe’s. Mayor Krzeminski stated that the advertising on Route 66 is paying off; last week 500 to 600 residents were present.

36. The girl’s Pony Tail Softball is off to a great start; the competition is fierce – please support your teams.

37. Ald. Jasinski welcomed retired Ald. Joe Fajdich back to the Council meeting; it is nice to see him again.

38. Ald. McDermott commended Steve Norman and the ESDA crew on their fine response to last night’s emergencies, particularly in assisting homes without power and the home on Plainfield Road that was struck by lightning.

STAFF REPORTS

39. Ald. Von Drasek asked City Engineer Fitzgerald re: final restoration. He stated that it is complete; the City has retained $10,000 in the event of future problems.

40. Mr. Fitzgerald stated that the plans and specs have been submitted to IDOT re: Lorraine Drive and Merry Court in Ward 2. The bid date is set for next week. A general time frame would be the third week of August.

41. ESDA Coordinator Norman stated that earlier in June Federal Signal came out to provide maintenance on the warning sirens; the sirens were activated yesterday due to a confirmed sighting of a tornado in Downers Grove.

OLD AND NEW BUSINESS

42. Mayor Krzeminski introduced a business that submitted their business application in too late to be included on the Agenda. Staff asked for tentative approval for Allstate Insurance Agency, 6555 Willow Springs Road, contingent upon obtaining a certificate of occupancy; all documentation is in order. Council approved.

ADJOURNMENT

43. Mayor Krzeminski sought a motion to adjourn to Executive Session under Section 2B1 and 2B9 of the Open Meetings Act for the purpose of discussing litigation and personnel after which time Council will return to Open Session. Ald. McDermott moved to adjourn, seconded by Ald. Straza and carried by Roll Call vote – 6/0.

Mayor Krzeminski declared the meeting recessed at 8:32 p.m.

* * * * *

44. The Regular City Council meeting reconvened in Open Session with the same members present at 10:16 p.m.

45. Ald. Pondelicek stated that the Human Resources Committee discussed the employment contract for City Administrator Gail Paul. There was a recommendation to extend the offer of a four-year contract, with minor modifications made to the termination clause in the contract. Attorney Peck will present the revised contract tomorrow. Ald. Von Drasek moved to approve the contract as discussed, seconded by Ald. Straza and carried by unanimous Roll Call vote – 6/0. Ald. Von Drasek stated that Ms. Paul is a very highly qualified individual; everyone associated with the City has nothing but praise for Gail Paul. Mayor Krzeminski added his kudos to Ms. Paul.

46. Ald. Pondelicek stated that the Human Resources Committee discussed the employment contract for Police Chief Michael Ruth. There was a recommendation to extend the offer of a four-year contract, with minor modifications made to the termination clause in the contract. Attorney Peck will present the revised contract tomorrow. Ald. McDermott moved to approve the contract, seconded by Ald. Von Drasek and carried by unanimous Roll Call vote – 6/0. Ald. Von Drasek reiterated the same praises; he was on the selection process with Chief Ruth – he is bringing the Countryside Police Department into the 21^st Century and creating true professionals. He should be commended for providing added visibility to the Countryside Police Department.

ADJOURNMENT

47. There being no further business to discuss, Ald. Straza moved to adjourn the meeting, seconded by Ald. Pondelicek and carried unanimously.

Mayor Krzeminski declared the meeting adjourned at 10:20 p.m.

SHARON SWEENEY, CITY CLERK