MINUTES OF A REGULAR MEETING

CITY COUNCIL OF THE CITY OF COUNTRYSIDE, ILLINOIS

HELD IN THE COUNCIL CHAMBERS ON WEDNESDAY, NOVEMBER 13, 2013

CALL TO ORDER – Pledge of Allegiance

Mayor Krzeminski called the meeting to order at 7:30 p.m. 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 (absent) Police Chief Ford, City Attorney Yehl, Asst. Admin. Peterson, Fin. Dir. Drazner, City Eng. Fitzgerald, ESDA Crd. Norman.

APPROVAL OF MINUTES

1. Regular City Council Meeting -October 23, 2013. Ald. Von Drasek moved to approve the minutes as presented, seconded by Ald. Musillami and carried unanimously.

OMNIBUS AGENDA

2.Statement of Bills submitted for payment through November 13, 2013: $669,188.55. Ald. McDermott moved to approve the Omnibus Agenda as presented, seconded by Ald. Musillami and carried by Roll Call vote – 6/0/0.

COMMUNICATIONS FROM THE PUBLIC

3. Robert Sutter, 5428 Madison, stated that his house shook violently during the recent seismic activity; he is concerned re: hidden damage that may have occurred not only to his home but to City property that is not immediately apparent. Who is responsible for damages? Mayor Krzeminski stated that a special closed meeting of the Lyons Township Quarry Advisory Committee for public officials was held at City Hall. Hansen made a full presentation, including seismographic evidence showing that the first blast was a .35 (inch per second); the second event was critical — 2.85 inches (per second) enough to cause serious damage. Cong. Lipinski (Western Springs) was present at the meeting and felt the severity of the blast. The blast was videotaped; Hansen has suspended operations until after an urgently-held meeting (today) with the USGS and the Bureau of Mines in Boulder, Colorado. The City will continue to pursue this matter to its conclusion. The City is seeking copies of the video and public records. Hansen received 300 calls on the Quarry Hot line; residents may get information on the website.

4. Donna Sutter, 5428 Madison, discussed the BEDS program for the homeless; her church is instrumental in accommodating the homeless; this program is truly needed.

5. Bill Simmons, 5409 Catherine, stated that this explosion lifted him up off the floor – both feet. The second explosion was the loudest he has heard in 36 years. The second blast was a rocker – very violent and extremely loud – not a normal event. He went directly to the quarry office and spoke to an employee; she was unaware of the blast. A LaGrange woman has been recording explosions for the last few months; she claims something different is occurring; she called this a double explosion. Hanson sent an employee to her home to experience a pre-planned explosion; the employee agreed that the blast was worst than they thought. Do residents experience the blast differently than the quarry does? The DNR is only concerned with following regulations, and not the resulting damage. He hopes the City will increase its monitoring of events at the quarry and not let this blow over without penalty. The Mayor stated that the City is entitled to know when blasts will occur; this was done in the past and should be resumed in the future. Ald. McDermott suggested that the City send a letter to legislators seeking to review the statute under which the DNR operates with an eye to possible revision — are they using too much dynamite? – is the blast too intense for a residential area? Perhaps that law should be amended. The Mayor stated that there used to be a seismograph at City Hall; that monitoring should be reinstated. All information will be on the website.

MAYOR’S REPORT

6.Tina Rounds, Executive Director of BEDS Plus, requests a letter of support to accompany an application for a project with the Illinois Housing Development Authority.

She described the proposed 12-unit permanent supportive housing project planned for 5710 East Avenue. If the grant application is approved, it will help vulnerable people in the community achieve a better quality of life. BEDS has been present in the SW suburban area, (Brainard Baptist Church) for the past 20 years along with other municipal partners and community members. BEDS believes that stable housing is the foundation upon which families and individuals can lead productive lives. They provide a full range of services including long-term rental subsidies and supportive case management for chronically struggling individuals who lack a family support system. The goal of the program is to give residents increased skill levels, increase their income and assist them in achieving greater independence.

7. BEDS is proposing a multi-million dollar project – an energy-efficient two -story building with adequate outdoor parking. The entrance will face East Avenue, as suggested by the City Aldermen. Mercy Housing will oversee management of the facility – they currently manage the Senior facility on Joliet Road. They will share the staff. Clients must meet eligibility requirements – have a disability diagnosis and three or more episodes of homelessness within the last five years. Weighted preference will be given to individuals from Lyons Township, veterans and the highly vulnerable. Applicants will undergo a background check and credit check; no sex offenders or convicted felons will be accepted. Applicants must pay 30% of their income to BEDS; the remainder will be supplemented by donations. The building will be fully secured with electronic monitoring, key card entry and frequent inspections. Finding alcohol or drugs on the premises would be grounds for eviction. BEDS is soliciting a letter of approval from the Countryside City Council to make the application more competitive.

8. Mayor Krzeminski commended BEDS for taking this initiative; he stated that the endorsement they are seeking does have the full support of the City Council. Ald. Von Drasek asked about maintenance – they will share cleaning staff with Mercy Housing; they have discussed and agreed upon mutual division of labor issues – 64 units vs. 12 units. Ald. Von Drasek stated that the Senior building is managed very well and is a safe haven. Ald. McDermott asked about mental health issues. Ms. Rounds stated that they have a full complement of professional people who address residents on an as-needed basis. Ald. Musillami agreed that BEDS is a wonderful organization; he endorsed it wholeheartedly and thanked them for the work they do. Ald. Von Drasek asked plans for an activity room or exercise area. Mr. Larry Pusateri responded that current city zoning does not allow it but they are willing to add it if possible; it promotes camaraderie and has a beneficial effect on residents. Ald. Von Drasek is all for it. Ald. Jasinski stated that he and Ald. Pondelicek met with BEDS representatives several months ago. He is happy with the location chosen and the suggestions made that were incorporated into the final design. Mayor Krzeminski stated that the City will provide the requested letter.

9. Mr. Bill Bright lives in Willow Springs but grew up in Western Springs. He has attended many meetings re: homelessness and disability issues – the City of Countryside has a wonderful reputation in caring for those less fortunate. The Helping Hand facility and this proposed facility are two models of what communities should be about. He congratulated the City Council and residents on behalf of all indigent people.

10. Consideration of the Design Standards -Mayor Krzeminski stated that sign standards at the City Center needs refinement re: backlit signs. Current language states that backlit panel signs are discouraged – or not allowed. Both Starbucks and Vitamin Shoppe went through the PC/ZBA process for a variance to allow the backlit sign, which the City approved. T-Mobile will address this same issue at the December meeting. Looking forward to the building on Lot 3B, he asked Council to return this matter to the PC/ZBA to allow it in the future. Ald. McDermott stated that after many meetings with the ad hoc committee, the Design Standards were agreed to by all and should be supported as initially adopted. The intention of the ad hoc committee was to dress up the development and not make it look like a standard strip mall.

11. Asst. Admin. Ms. Peterson stated that after reviewing this document with Atty. Tom Bayer, use of the word discouraged should become part of the zoning code. The Zoning Board on 8-7-12 approved the language as did the City Council on 8-22-12; it is now a part of the zoning code. Mayor Krzeminski wishes to emphasize the City’s business friendly nature to allow backlit signs. Appearance before the PC/ZBA costs applicants $1,000. Ald. McDermott noted that the City may decide to leave the last parcel with a non backlit sign to differentiate the development. It currently is prohibited by the Zoning Code – even though the word discouraged is used in the standards. T-Mobile is scheduled for hearing in December. Mayor Krzeminski is seeking the allowance for future storefronts eventually built into Lot 3B. Ald. McDermott suggested waiting to see what businesses actually go in there and then decide whether to maintain the Design Standards or change them to allow backlit signs. Ald. Musillami believes it should be handled on a case-by-case basis. Ald. Jasinski stated that although it was approved by the ad hoc committee, that doesn’t make the City business unfriendly. A new business seeking something special, needs to follow the rules. He concurs with Ald. McDermott, as does Ald. Pondelicek -keep the current standard for everyone. That is the decision of the City Council. Ald. McDermott stated that T-Mobile came in and verbally abused City employees, which occurred in this instance. There was no action taken on the matter.

12. Mayor Krzeminski stated that the City received a very nice thank you card from the O’Laughlin family thanking the City for its continued support in keeping Kelly’s memory and spirit alive.

CLERK’S REPORT

13. Approval of Schedule of Official City Council and Committee meetings and various Organizations. City Clerk Sweeney stated that Council members received a copy of the 2014 Schedule. Ald. Musillami moved to approve the 2014 Schedule as presented, seconded by Ald. Jasinski and carried unanimously.

TREASURER’S REPORT

14.Approval of Treasurer’s Monthly Report for September 2013. Ald. McDermott moved to approve the Monthly Report as presented, seconded by Ald. Pondelicek and carried by Roll Call vote – 6/0/0.

15. Treasurer Jasinski remembered Veterans’ Day by thanking all the men and women who have served our country sacrificing their time and their lives to keep freedom alive.

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

16. Economic Development Committee – Alderman McDermott stated that the Countryside Animal Hospital building permit was issued; the groundbreaking ceremony is scheduled for Friday at 3:00 p.m. There will be an EDC meeting either next week or the first week in December.

17. Finance Committee – Treasurer Jasinski stated that he will meet with Fin. Dir. Steve Drazner to discuss comments from the last Finance Committee Meeting. The next Finance Committee meeting is scheduled for November 25 at 6 p.m.; all are welcome to attend Mayor Krzeminski stated that the City has been officially notified that Dominick’s Store will close as of 12-31-13 – an item to be considered in next year’s budget planning.

Human Resources Committee – Alderman Pondelicek – no report.

18. Infrastructure Committee – Alderman Michalczyk presented the recommendation re: Installation of Lighted Street Signs at the Intersections of Joliet Road and LaGrange Road. City Engineer Fitzgerald stated that he has been working with IDOT on the design – a Route 66 logo for Joliet Road and a City of Countryside logo for LaGrange Road. The City must approve the artwork before the signs are manufactured and installed.

19. Consideration of Abandoned Properties Program Grant – Ald. Michalczyk stated that two City properties were reviewed for this grant; neither of them meet the criteria, per Atty. Jeff Stein of Tressler; he recommends against proceeding. No action taken.

20. Ald. Michalczyk advised Council and the public to observe the trial LED lights installed on City light poles on 56^th St. near the water tower – to be voted on at the next meeting. The Mayor said that two poles – with 40-watt and 60-watt illumination are on display; there are 400 street lights throughout the City.

21. Business License Committee – Alderman Musillami stated that Compass Funding Solutions, 450 W. 55^th St. – business office; Super Deals, 5400 S. LaGrange Road – variety retail store – have applied for business licenses.

22. Plan Commission/Zoning Board of Appeals – City Attorney Yehl presented the Plan/ZBA recommendation and draft Ordinance for parking variance to Section 10-10-5-B to permit a business to locate in a commercial building for Super Deals, 5400 A-B LaGrange Road. The PC/ZBA met on 11-5-13 and recommended that a parking variation be granted to Applicant, Nick Limo, 5400 A-B LaGrange Road, for the operation of a Super Deals retail store and to permit 14 parking spaces instead of the required 31 parking spaces, subject to the following conditions: 1) Parking lots – front and back – must be striped prior to issuance of a Certificate of Occupancy; 2) Trash bins for the building must comply with all City Codes and be enclosed prior to issuance of a COO; 3) Repair or replace the existing fence on the west side of the property if such fence is on the subject property, with completion by 5-31-14; 4) Remove that portion of the brick wall that extends above the roof of the subject building with completion by 5-31-14; 5) Install 4 U-shaped bicycle racks on the subject property pursuant to approval of type and placement by the Building Department with completion by 5-31-14; 6) Work with the Building Department to dedicate assigned parking spaces to each business located on the subject property prior to issuance of a COO; 7) Work with the Building Department to provide for handicap parking stalls prior to issuance of a COO; 8) Paint the front fa̤ade of the building and remove all weeds on the subject property prior to issuance of a COO; 9) All construction / operation permitted by such zoning variation shall be subject to all applicable City codes; 10) Said use shall be established within 12 months of the effective date of any ordinance granting the same. Ald. Jasinski moved to concur with the recommendation, seconded by Ald. Pondelicek and carried by Roll Call vote-5/0/1 – Ald. Musillami abstained.

Clerk Sweeney declared that this will be known as ORDINANCE 13-47-O.

23. Plan/ZBA recommendation and draft ordinance for a planned unit development (PUD) amendment to permit the modification of the Countryside Plaza monument sign to include the Marry Me Jewelry business, 3 Countryside Plaza, on the sign. City Atty. Yehl presented the PC/ZBA recommendation. The PC/ZBA met on 11-5-13 and recommended that an amendment to the PUD for special use to permit expansion of the monument sign to include MARRY ME JEWELRY upon the real estate commonly known as Countryside Plaza. The PC/ZBA granted the special use to permit expansion subject to the following conditions: 1) that such sign be in substantial conformity with Applicant’s Exhibit A;

2) all construction/operation permitted by the special use shall be subject to all applicable City codes; 3) that said use be established within six months from the effective date of the ordinance. Ald. Jasinski moved to approve, seconded by Ald. Von Drasek and carried by Roll Call vote – 6/0/0.

Clerk Sweeney declared that this will be known as ORDINANCE 13-48-O.

24. Plan/ZBA recommendation to deny a sign variance request to permit the construction of a second monument sign at 6438 Joliet Road. Owner: Cook County Farm Bureau; Applicant: Country Financial Business. City Atty. Yehl presented the PC/ZBA recommendation. The PC/ZBA heard all evidence and testimony on 11-5-13 and it was their decision to deny the construction of a second monument sign T 6438 Joliet Road. Ald. Michalczyk moved to concur with the recommendation of the PC/ZBA to deny the variance, seconded by Ald. McDermott and carried by Roll Call vote – 6/0/0.

25. Police Committee – Alderman Pondelicek sought consideration of an ordinance amending Section 4-2-3-7 to include Telephone and Electronic Harassment. – Ald. Pondelicek stated that the Police Committee met on 11-6-13 and presented the following recommendations: Ald. McDermott moved to concur with the recommendation and adopt the ordinance amending Section 4-2-3-7 to include Telephone and Electronic Harassment, seconded by Ald. Musillami and carried by Roll Call vote – 6/0/0.

Clerk Sweeney declared that this will be known as ORDINANCE 13-49-O.

26. Ald. Pondelicek sought consideration of an ordinance amending Section 3-9-10 to expand the definition of Weapons. Ald. Michalczyk moved to adopt the ordinance as presented, seconded by Ald. Jasinski. Ald. Von Drasek thanked Chief Ford for bringing attention to this matter. These guns are sold at Walmart – they are air soft rifles/guns with orange tips – users black out the orange tips; they are dangerous. Recently a 13-year-old boy carrying one of these weapons encountered police who told him to drop the weapon, but instead he raised the weapon in a threatening manner and was shot to death. The weapons look so real. They shoot plastic BBs at high velocity. His own son using a friend’s weapon inadvertently directed it towards someone and shot out his front tooth. BBs get imbedded in the skin; they are dangerous weapons that should not be sold over the counter at Walmart. Ald. McDermott commends Ald. Von Drasek for bringing this matter up tonight. Another incident occurred with a neighbor’s friend who inadvertently took out his friend’s eye. Motion carried by Roll Call vote – 6/0/0.

Clerk Sweeney declared that this will be known as ORDINANCE 13-50-O.

27.Ald. Pondelicek sought consideration to waive the formal bid process and accept the State of Illinois joint purchase contract price matched by Westfield Ford for two 2014 Utility Police Interceptors with extended warranties – and trade in three police vehicles to offset the cost of the new vehicles for a total net cost not to exceed $41,000. Ald. Musillami moved to approve, seconded by Ald. Michalczyk and carried by Roll Call vote – 6/0/0.

28. Ald. Pondelicek sought consideration to accept the low quote from Police Department Systems (PDS) Mokena, IL to purchase and install emergency equipment for the two new squads – $22,240 total. Ald. Von Drasek moved to approve, seconded by Ald. Jasinski and carried by Roll Call vote – 6/0/0. Monies are coming from the drug forfeiture fund and not the City budget.

29. FYI: Install Crime Mapping Software on City’s web page to allow citizens a user-friendly experience when checking crime reports in our area. Ald. Pondelicek asked the Police Chief to explain. Chief Ford stated that the program informs and educates users; there is no cost to the City for this portion. This program will eliminate the printed white media report. It provides pinpoint mapping indicating areas where incident occurred.

The program will be installed on the police website. Chief Ford was commended for his proactive approach.

30. FYI: Implementation of a Shop with a Cop program operating on donations offered by local merchants to offer ten need-based Fifth Graders the chance to shop for their family and self with the help of a police officer. Ald. Pondelicek stated that children chosen from Ideal School will be given the opportunity to shop – thanks to donations provided by the CBA, Westfield Ford and local merchants. Volunteer officers will provide rides to stores in Countryside. Chief Ford gave credit to Officer Lanzi, whose idea was taken up by the department. Volunteer Seniors will help the kids gift wrap the purchases here at City Hall. Children will also be invited to lunch – a great program for needy children for the holidays.

31. Recreation Committee – Alderman Jasinski stated that the Recreation Committee is scheduled for 5:30 pm – Monday, 11-25-13 – before the Finance Committee meeting, to discuss the BMX park engineering. The Children’s Christmas Party will be December 7. Best wishes for a Happy Thanksgiving.

32. Water committee – Ald. Von Drasek is seeking volunteers to assist with the leaf- raking project -helping to rake leaves for seniors this Saturday beginning at 9 am; Officer April and the Chief have been instrumental in this project.

LEGAL REPORT

33. Approval of a settlement agreement with Stanley Pawlikowski re: property located at 5616 Ashland Avenue. Atty. Yehl advised Council that this will settle a long-standing lawsuit with Mr. Pawlikowski re: demolition of the home. Ald. McDermott moved to approve, seconded by Ald. Musillami and carried by Roll Call vote – 6/0/0.

CITY ADMINISTRATOR’S REPORT

34.Asst. City Admin. Ms. Peterson sought Council consideration of an offer from the Illinois Department of Transportation for a fee simple acquisition of 0.572 acres and compensation for temporary easements in the amount of $203,800. A description of the history is in the Board packet; there was a change this afternoon – Atty. Bayer stated that the outlots are now listed as D, E and F to be acquired for $180,000 and the $23,800 for the temporary easement. Staff recommends approving that amount. Ald. Von Drasek moved to accept the offer from IDOT , in relation to IDOT’s planned improvements to the intersection of Joliet Road and LaGrange Road, for the acquisition of fee title to Outlots D, E and F in the Countryside City Center subdivision, in the amount of $180,000, and the acquisition of temporary construction easements over the two portions of Outlot C, in the Countryside City Center Subdivision, that intersect with LaGrange Road, in the amount of $23,800, for a total acquisition price of $203,800, and to authorize the Mayor, City Clerk, City Treasurer and City Administrator to execute any and all necessary documents to facilitate the conveyance of fee title and the temporary construction easements from the City to IDOT, seconded by Ald. Musillami and carried by Roll Call vote – 6/0/0.

In conjunction with the above matter, Ms. Peterson presented three ordinances:

35. Ms. Peterson sought an ordinance prohibiting Encroachments within the State of Illinois Right of Way along LaGrange Road and Joliet Road. Ald. Von Drasek moved to adopt the Ordinance as presented, seconded by Ald. Musillami and carried by Roll Call vote – 6/0/0.

Clerk Sweeney declared that this will be known as ORDINANCE 13-51-O.

36. Ms. Peterson sought an ordinance Restricting Parking along LaGrange Road and Joliet Road within the City of Countryside. Ald. Jasinski moved to adopt the Ordinance as presented, seconded by Ald. Michalczyk and carried by Roll Call vote – 6/0/0.

Clerk Sweeney declared that this will be known as ORDINANCE13-52-O.

37.Ms. Peterson sought an ordinance Prohibiting the Discharge of Sanitary and Industrial Waste into any storm sewer or drainage facility constructed as part of the LaGrange Road and Joliet road Intersection Improvements.Ald. McDermott moved to adopt the Ordinance as presented, seconded by Ald. Von Drasek and carried by Roll Call vote – 6/0/0.

Clerk Sweeney declared that this will be known as ORDINANCE 13-53-O.

38.Ms. Peterson presented the request of Countryside Development Partners (CDP) for consent to the conveyance of Lot 3A and assignment of the RDA as it relates to Lot 3A and to authorize the City Administrator to execute the Estoppel Letters relative to said transfer as it relates to the RDA with CDP, LLC and the Reciprocal Easement and Operating Agreement (REOA) relative to the Countryside City Center. The Staff memo Summarizes the four sections of the RDA currently in default. As of today only one issue has been remedied; the prevailing wage is still in default; lighting has been installed; garbage receptacles are still needed. CDP did provide the$10,000 pursuant to the First Amendment to the RDA. The storage dirt on Lot 3B still exists. For the above reasons, Staff recommends not consenting to the transfer until the defaults are remedied. Ald. Michalczyk moved to concur with the recommendation, seconded by Ald. Musillami and carried by Roll Call vote – 6/0/0. Mayor Krzeminski stated that if these conditions are met, CDP must come to the December meeting to get Council approval. Atty. Yehl stated that this matter should be brought back to the Council to insure that they are in full compliance with the RDA.

39. Ms. Peterson sought review and approval of regular session committee minutes:

Human Resources Committee meeting of 3-12-13. Ald. Musillami moved to approve the minutes as presented, seconded by Ald. Pondelicek and carried unanimously.

40. License Committee Meeting of 1-22-13. Ald. Musillami moved to approve the minutes as presented, seconded by Ald. Jasinski and carried unanimously.

41. Recreation Committee Meeting of 5-16-13. Ms. Peterson stated that the committee met on September 20, 2013. The May 16 minutes were approved at that time and are on the website. No action taken.

STAFF REPORTS

42.City Engineer Fitzgerald presented engineer’s pay estimate #1 and semi-final for the 2013 MFT Street & Alley Rehabilitation Project to Brothers Asphalt Paving, Inc., Addison, IL for $518,304.73. Ald. McDermott moved to approve, seconded by Ald. Michalczyk and carried by Roll Call vote – 6/0/0.

43. Mr. Fitzgerald presented engineer’s pay estimate #1 and semi-final for the City Hall Parking Lot Improvements to Brothers Asphalt Paving, Inc., for $31,603.14. Ald. Jasinski moved to approve, seconded by Ald. Pondelicek and carried by Roll Call vote – 6/0/0.

44. Mr. Fitzgerald presented engineer’s Pay estimate #1 and final for 2013 Sidewalk Improvements to Globe Construction, Inc., Addison, IL for $32,826.55. Ald. Musillami moved to approve, seconded by Ald. Michalczyk and carried by Roll Call vote – 6/0/0.

EXECUTIVE SESSION

45.Mayor Krzeminski sought recess to executive session under Section 21c of the Open Meetings Act for the purpose of reviewing Council Executive Session minutes of 10-9-13, and Section 2Aa, to discuss personnel, and Section 2Ah to discuss imminent litigation. Ald. Musillami moved to recess to Executive Session, seconded by Ald. Von Drasek and carried by Roll Call vote – 6/0/0.

Mayor Krzeminski declared the meeting recessed at 9:05 p.m.

* * * * *

The City Council returned to Regular Sessionwith the same members present at 9:34 p.m.

Ald. Michalczyk moved to approve the Executive Session minutes of October 9, 2013 as presented, seconded by Ald. Pondelicek and carried by Roll Call vote – 6/0/0.

ADJOURNMENT

There being no further business to discuss, Ald. Von Drasek moved to adjourn the Regular Session, seconded by Ald. Musillami and carried by Roll Call vote – 6/0/0.

Mayor Krzeminski declared the meeting adjourned at 9:35 p.m.

SHARON SWEENEY, CITY CLERK