MINUTES
City Council, City of Countryside
Regular Meeting
5550 East Avenue
City Hall, Council Chamber
Wednesday, May 23, 2012 7:30 p.m.

CALL TO ORDER

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

ROLL CALL

Present: Mayor Krzeminski,

Alderman Pondelicek Alderman Jasinski

Alderman Michalczyk Alderman Von Drasek

Alderman McDermott Alderman Musillami

Clerk Sweeney Treasurer Jasinski

Also Present: City Admin. Paul, Police Chief Ruth City Attorney Peck, Asst. Admin. Peterson, Fin. Dir. Drazner, City Eng. Fitzgerald, City Atty. Stein, ESDA Crd. Norman, Police Bd. Member Burdett, PC/ZBA member Benson.

APPROVAL OF MINUTES

1. Regular City Council Meeting, May 9, 2012. Ald. Von Drasek moved to approve seconded by Ald. Musillami. Mayor Krzeminski made a correction to #21 at the end – the Mayor is using the word WE in many places; motion carried by Roll Call vote – 6/0. Mayor Krzeminski called attention to the new City Council Agenda Format.

OMNIBUS AGENDA

2. Statement of Bills submitted for payment through May 23, 2012: $242,487.81.

3. Treasurer’s Report for the period ending April 30, 2012 (previously distributed).

4. From the Pleasantview Fire Protection District requesting permission to fundraise for the Fill the Fire Boot for Burn Camp on June 9-10 at Jewel Osco.

5. From the American Legion Post #1941 requesting permission to fundraise for their Sept. 29, 2012 event at the Jewel Osco on July 28-29 and Aug. 25-26, 2012.

6. Application for a charitable games license for a raffle from the American Legion Post #1941 to sell tickets at various locations throughout the City for the September 29, 2012 Drawing.

7. Ald. McDermott moved to approve the Omnibus Agenda as presented, seconded by Ald. Pondelicek and carried by Roll Call vote – 6/0.

COMMUNICATIONS FROM THE PUBLIC

8. From the William Tell requesting ESDA provide traffic control at the hotel on May 26, 2012 for the International Chili Cook Off, and to waive any fees incurred. Marc LeCroix, 6201 Joliet Road, requested ESDA assistance on Saturday from 2-5 pm for the Chili Cook-Off and the Car Show; 500 people are expected. Ald. Von Drasek moved to approve the request for public safety, seconded by Ald. Jasinski and carried by Roll Call vote – 6/0

9. Gerry Sobe, 5605 Kensington, asked why the City paid to have the Countryside Recreation Program Guideprinted when only one program pertains to Countryside. Ms. Peterson stated that the City works with organizations listed in the booklet who give discounted rates to Countryside residents. She asked why the City’s Recreation Program was disbanded years ago. Ald. Jasinski stated that programs not meeting the minimum attendance requirements were canceled.

10. Betty Meadors, 109 W.Constance Lane, worked at the Recreation Department; 6 people were needed to participate; she is aware of the attendance; that is not a true statement. Her children attended Fun in the Park; there were 80 families at Play Skool. Ald. Von Drasek stated that the program is still in place through the YMCA and the children attend numerous activities. The YMCA program is expensive and most children are not from Countryside. Ald. Jasinski invited the women to attend the next Recreation Committee Meeting for further discussion; previous attendance and profit/loss numbers will be made available.

11. Ms. Sobe asked Ald. McDermott re: lawn care – how long do residents neglect their lawns prior to receiving a citation. Ald. McDermott stated that the property in question was cut and brush cleaned up and the property owner will receive the bill. Ms. Sobe stated that the easement must be maintained as well; that was not done. The City will take care of it. All property owners are sent the bill for City services.

12. Julie Lenoch, William Tell, is happy to sponsor the Chili Cook-Off and the Car Show Rally. She hopes residents turn out; for $5 everyone can taste all the chili they want. They also sponsor the Relay for Life car wash; all funds will be donated to the American Cancer Society.

13. Jean Dolgner, 10222 – 5^thAve. Cutoff – stated that the property next to 10331 – 5^thAvenue Cutoff is a jungle; there is a truck trailer parked there for ages; wild animals roam the premises. Steve Tisinai will make a visit to the area.

MAYOR’S REPORT

14. Reconsideration of Mayor’s Veto regarding Ordinance 12-33-O Amending the Plan Commission-Zoning Board of Appeals appointment requirements. Ald. Musillami moved for reconsideration of the motion made by Ald. Von Drasek, seconded by Ald. Jasinski to adopt the Ordinance of the City Council, City of Countryside, concerning amending the Plan Commission-Zoning Board of Appeals appointment requirements. Ald. Musillami moved that the City Council agree to pass the Ordinance declared to be Ordinance 12-33-O notwithstanding the Mayor’s refusal to approve it, seconded by Ald. McDermott. Mayor Krzeminski stated that he has no problem keeping ward representation equal but there is no latitude for unavailability or unqualified individuals. This is a Council decision. Motion carried by unanimous Roll Call vote – 6/0.

15. Reconsideration of Mayor’s Veto regarding Ordinance 12-34-O Providing for Temporary Appointments to City Board. Ald. Von Drasek moved for reconsideration of the motion made by Ald. Von Drasek, seconded by Ald. Musillami, to adopt the Ordinance o f the City Council, City of Countryside, concerning providing temporary appointments to City Boards. Ald. Von Drasek moved that the City Council agree to pass the Ordinance declared to be Ordinance 12-34-O notwithstanding the Mayor’s refusal to approve it, seconded by Ald. Michalczyk. Mayor Krzeminski asked for a show of hands from Aldermen who have read the State law Section re: defining elected City Officials, as he requested at the last meeting. Board appointees are the same as City Officials. Ald. McDermott stated that elected officials are different from Board appointees. He believes that the issue is a temporary appointment should not be an indefinite period of time. Ald. McDermott had a brief conversation with Mr. Peck; if the Council desires a committee meeting to discuss in further detail amending this Ordinance, that is acceptable, reviewing State Law to see where it might be compatible. Individuals who have not had a chance to read that Section could review it and have a detailed discussion about it at a future time in committee meeting. Mayor Krzeminski asked Council to review that Section two weeks ago; they have not done so and are voting on this without proper information. Motion carried by Roll Call vote – 6/0.

16. Mayor Krzeminski has information for Council. Last week the State announced its proposed budget for 2013. In that budget they called for freezing the LGDF payments – Local Government Distribution Funds – which amounts to a loss of $11,733 for the City of Countryside. He suggested that the City send a letter to Springfield opposing this measure. He has a proposed letter from the Metro Mayors’ Caucus; if Aldermen agree to this, a letter will be sent out immediately. Treasurer Jasinski echoed the sentiments – it is very important that the City should absolutely fight this and respond ASAP.

17. The City received a letter from residents of Ward 1 re: 5800 block of Rose Avenue – cars are parked on both sides of the street over night and no tickets are issued; they are parking close to the stop sign and obscuring the line of vision. Chief Ruth will review.

18. Mayor Krzeminski has received six additional applications for appointments to various Boards and Committees. There is a list of nine applicants at present.

19. Mayor Krzeminski would like to review the permit costs in the City. He replaced 8 pieces of garage siding and was stopped for lack of a permit. He paid $50 for the permit and continued the job. When did the City stop being resident friendly — what is a small job that doesn’t require a permit – everything requires a permit. He is not opposed to having a permit, but is opposed to the cost of the permit. Permit cost should be based on the dollar amount of the job. He suggested sending this matter to the Infrastructure Committee for further discussion; this is getting out of hand. After further discussion, this topic will be re-addressed at the Committee level. Getting a permit involves a final inspection which protects the home owner and insures that the job is done right.

20. Mayor Krzeminski wished everyone a Happy Memorial Day. He invited residents to join him at 11:00 a.m. at Memorial Park with the Robert Coulter Post Honor Guard for a ceremony honoring all our veterans.

CITY CLERK’S REPORT – no report

TREASURER’S REPORT – no report

COMMITTEE AND COMMISSION REPORTS FOR DISCUSSION,

CONSIDERATION AND, IF SO DETERMINED, ACTION UPON:

Economic Development Committee – Alderman McDermott – no report

21. Finance Committee – City Treasurer Jasinski – no report. Mayor Krzeminski asked for an update on the Electric Aggregation approval. Fin. Dir. Drazner stated that the Ordinance authorized the City Administrator to execute the contract; that contract was signed yesterday. The Mayor would like to notify residents about this contract for very favorable electric rates – 4.75 / kWh – per First Energy Solutions. Residents should see a reduction of 30-35%; ComEd is currently charging 8.5/kWh – a huge reduction – that holds true for the two-year contract. If Edison lowers their rate, this company will match it. There is a $25 penalty for leaving the contract prior to the two year time limit unless the party moves out of the City.

Human Resources Committee – Alderman Pondelicek – no report

Infrastructure Committee – Alderman Michalczyk – no report

22. License Committee – Alderman Musillami — From the American Legion Post #1941 requesting permission to sell raffle tickets in Countryside Park in conjunction with the Summer Concerts; and to utilize the City’s tables at the Park. Ald. McDermott moved to approve, seconded by Ald. Jasinski and carried by Roll Call vote – 6/0.

23. Also from the American Legion requesting that the charitable Games – Raffle fee be waived for the September 29, 2012 drawing at the LaGrange Post. Ald. Von Drasek moved to approve, seconded by Ald. Pondelicek and carried by Roll Call vote – 6/0.

24. Status Report – Ald. Musillami presented the Business License Status Report of happenings in the City. There is one business license for Eagle Rider, 9950 Joliet Road; this is a temporary license for rental of motorcycles to be brought to the PC/ZBA hearing on June 5, 2012. There are no Registration Status Reports or Special Use Status

Reports at this time. There was a Special Event Status Report for Extreme Martial Arts, 51 E. Plainfield Road, for a Customer Appreciation day on May 12, 2012.

24A. Police Committee – Alderman Pondelicek – no report. There will be a Police Committee meeting some time this month.

25. Recreation Committee – Alderman Jasinski invited all Countryside residents to attend the 2012 Edition of Concerts in the Park series beginning on Thursday, June 14 at 7:30 p.m. at Countryside Park. Thanks in advance to all members of the CBA and the individual businesses showing support for the City by sponsoring certain events. There are many people willing to participate in City-sponsored events.

26. The Countryside Beautification Committee members will be sworn in on June 13, at the next City Council Meeting. Asst. Admin. Ms. Peterson stated that all background checks have been completed. There are several residents interested who will complete their fingerprints.

27. Water Committee – Alderman Von Drasek -no report. Ald. Von Drasek announced that Mr. Grossi a resident of Countryside Senior Housing passed away last Monday. He stated that in 2010 Mr. Grossi suffered a heart attack and was revived by police officers Tony Boyd and April Vesconte with the aid of the portable defibrillator carried in squad cars. City Council should insure that all squad cars carry those devices; they give a person the best chance of survival. Condolences to the Grossi family.

Plan Commission – Zoning board of Appeals – City Attorney Peck – no report

28. Flagg Creek Golf Course Board – Alderman Von Drasek – no report. Mayor Krzeminski has information from the MWRD about their sponsoring a field day to approve turf saving money with bio-solids for golf courses. He gave the information to Ald. Von Drasek re: golf course employees may be interested in attending the day class.

CITY ATTORNEY’S REPORT

29. Consideration of draft ordinance licensing Rental or Use of Storage Containers. Atty. Peck stated that this ordinance defines containers and requires a licensing fee of $150 per container, covering licensing and the annual inspection of containers with no more than three containers per location. Ald. Jasinski moved to adopt the ordinance as presented, seconded by Ald. Musillami and carried by Roll Call vote – 6/0.

Clerk Sweeney declared that this will be known as ORDINANCE 12-35-O.

30. Consideration of draft ordinance amending the business regulations to Prohibit the Sale of Tobacco Products within 500 feet of a school. Mayor Krzeminski believes that outlawing the sale of any tobacco products may hurt business but not the store itself. This matter should be referred to the PC/ZBA for a public hearing; this would affect sales at Jewel and other stores located near schools. More appropriate language is needed, e.g., defining a tobacco store as a specialty shop when tobacco is the only product sold. That language will not affect the Jewel, 7 Eleven or White Hen. Atty. Peck stated that it becomes an issue of regulating the location of a specific business that fits the definition of a tobacco store. This matter will be sent to the PC/ZBA for further discussion.

CITY ADMINISTRATOR’S REPORT

31. Recommendation for approval of the third Reimbursement request from Harley Properties, LLC for $122,920. Ms. Paul stated this is the last payment and will be paid from the commercial TIF funds. Ald. McDermott moved to approve payment, seconded by Ald. Musillami and carried by Roll Call vote – 6/0.

STAFF REPORTS

Chief of Police – no report

32. City Engineer- John Fitzgerald – Requests authorization to advertise for bids re: 2012 CDBG Street Rehabilitation Project – on Prescott Road from the 5^thAvenue Cutoff to the south limit. Options other than asphalt are Option A – Hot Mix asphalt as the final surface or Option B concrete overlay white topping as the final surface. White topping may have a longer life than asphalt. Ald. Michalczyk moved to approve the bids, seconded by Ald. Von Drasek and carried by Roll Call vote – 6/0.

33. Recommendation that Landmark Sign Group, Chesterton, IN be awarded the Countryside City Center Monument Signage contract for $159,872. The bids were opened on May 15, 2012 at 2:00 p.m.; only one bid was received although 9 companies were notified. Another bid came in after the deadline and was excluded. There is no benefit in rebidding the contract. The City needs to get the signs up. Ald. Von Drasek moved to approve the contract, seconded by Ald. Pondelicek and carried by Roll Call vote – 6/0.

34. Mr. Fitzgerald stated that the 2012 non-CDBG Street Rehabilitation is out for bids; they will be opened on June 5; there will be a recommendation at the next City Council Meeting on June 13. The Street Lighting Phase 2 was approved on LaGrange Road and that project is out for bids as well. Those bids will be opened on June 5 at 2:00 p.m. and a recommendation for the June 13 Council Meeting. Ald. McDermott asked for a status report on the Terry Lane drainage. Mr. Fitzgerald stated that is the last item to go out for bids this year. Ald. McDermott asked him to expedite the matter; he advised residents that work would be done this Fall; he doesn’t want to go back on his word. Mr. Fitzgerald will try to expedite the bid process.

35. Finance Director – Steven Drazner – Consideration of a draft resolution authorizing, supporting and approving the ITEP Grant application for the Joliet Road Landscape/Scenic Beautification Phase I. The total estimated cost for this project is $4,187,000; if approved the City’s matching funds would be $1,047,000. This covers Joliet Road between LaGrange Road and Brainard Avenue. Mr. Drazner summarized the detailed project description. It would be budgeted in FY 2014. Phase 2 of the street lighting on LaGrange Road was approved.

36. Ms. Paul stated that the second grant, Phase 2, includes finishing the ornamental street lights along LaGrange Road. Moving ornamental lights to Joliet Road is the one being discussed now. Staff has completed its work on the project and the engineer has completed his portion providing cost estimates as stated. The deadline for both applications is Tuesday, May 29, 2012. Mayor Krzeminski is reluctant to proceed with this project and would consider tabling the matter for one year.

37. Mr. Drazner presented consideration of a draft resolution authorizing, supporting and approving the ITEP Grant application for the LaGrange Road Landscape/Scenic Beautification Phase 3. This is an extension of prior grants already awarded. The area covered would be LaGrange Road, Plainfield to 55^thSt.; total estimated cost of this project is $2.1 million; the City’s matching funds would be $486,000. Ms. Paul stated that Phase 2, the Joliet Road & LaGrange intersection is delayed at least to January 2013, according to Mr. Fitzgerald. On the 55^thSt. & LaGrange Road intersection, IDOT is not done with Phase 1 engineering, but that may move quicker than normal. Ald. Michalczyk stated that the City is sitting on $1.7 million from IDOT while waiting for the improvements to be completed before spending the money. Ms. Paul stated there is a good chance of getting the grant money on Phase 3; it makes sense to complete that portion.

38. Mayor Krzeminski has been in contact with the Speaker of the House seeking support for Phase 3; he is aware of the situation. Ms. Paul is in contact with Mike McClain by email and phone. Ald. McDermott questioned the hesitance to move forward; this project to beautify LaGrange Road began and two sections are almost completed. The City has written letters to legislators seeking support – why pull back now? If the City runs into financial difficulty it can hold off and rescind the award if it can’t be completed. This is a long-term commitment to the City costing $1.5 million to beautify and improve the overall landscape of the City. The amount can be budgeted. Ald. Musillami moved to approve the ITEP Grant application for Joliet Road, Phase 1, seconded by Ald. Jasinski. If the City does not have the money, they have an option to rescind the Grant; they will not put the City in financial jeopardy. Motion carried by Roll Call vote – 6/0. Mayor votes no.

Clerk Sweeney declared that this will be known as RESOLUTION 12-4-R.

39. Ald. Musillami moved to approve the ITEP Grant application for LaGrange Road, Phase 3, seconded by Ald. McDermott and carried by Roll Call vote – 6/0. The Mayor votes yes.

Clerk Sweeney declared that this will be known as RESOLUTION 12-5-R.

EXECUTIVE SESSION

Mayor Krzeminski sought adjournment to Executive Session to discuss real estate and to review Council executive session minutes of 1-25-12; and EDC minutes of 2-2-12.

ADJOURNMENT

There being no further business to discuss, Ald. Von Drasek moved to adjourn to Executive Session under Section 2Ac of the Open Meetings Act for the purpose of discussing real estate and to review the executive session minutes noted above, seconded by Ald. Pondelicek and carried by Roll Call vote.

Mayor Krzeminski declared the meeting adjourned at 8:45 p.m.

SHARON SWEENEY, CITY CLERK