MINUTES OF A REGULAR MEETING
CITY COUNCIL OF THE CITY OF COUNTRYSIDE, ILLINOIS
HELD IN THE COUNCIL CHAMBERS ON WEDNESDAY, OCTOBER 12, 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 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, City Eng. Fitzgerald, Fin. Dir. Drazner, Asst. Admin. Peterson, Police Bd. Meb. Musillami, PC/ZBA Meb. Benson.

OMNIBUS AGENDA

2. APPROVAL OF MINUTES -September 28, 2011 & October 6, 2011.

3. STATEMENT OF BILLS through September 14, 2011: $702,467.38.

4. Application for a general business license from M FOR MAKEUP BEAUTY BOUTIQUE, 26 E. Plainfield Road, #3. Type: Makeup studio. Applicant: Melanie Rizzo.

5. Application for a block party from M. Nunez, 5347 S. 8^th Avenue on October 29, 2011 from 1 pm to 9 pm, 8^th Avenue between Bobolink and Plainfield Road.

6. Application for a Special Use from Route 66 Accessories Co. to hold a model car show at the William Tell Inn on March 25, 2012 from 9:30 am to 2:30 pm.

7. Application for a special use from Windy City Postcard Show to hold a show on October 22, 2011 from 9 am to 3 pm at Local #150.

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

ADDITIONS TO AND/OR DELETIONS FROM THE AGENDA

9. Additions to the Agenda were noted by Mayor Krzeminski.

QUESTIONS AND/OR COMMENTS FROM THE AUDIENCE

10. Mary Alice Stroud – 5431 – 8^th Ave. sought a response to her previous request re: a new ordinance affecting refuse containers. Mayor Krzeminski stated that this matter is under discussion in the Infrastructure Committee — revising the existing Health Code that will benefit the entire City. She will be advised when a decision is reached. In the meantime she will contact the Building Department.

11. Robert Sutter, 5428 S. Madison -will taxes be rebated as promised. Mayor Krzeminski stated that the Finance Committee will consider abating the future tax bill in December. As far as rebating taxes, that will probably not happen. Mr. Sutter stated that a very misleading statement was made. Mayor Krzeminski stated that promise was made during the campaign when he believed that $18.5 million was available. The City’s budget is actually $11 million. Treasurer Jasinski stated that the general fund is actually $8.5 million. Mr. Sutter believed residents would get their money back; that’s why he voted for him. The Mayor stated he came to office believing it was possible to do so. He takes full responsibility for his remarks and realizes that he is not able to rebate the taxes. The City’s financial stability is foremost. He based his remarks on the audit shown on the City’s website in November 2010. The City’s budget has grown along with skyrocketing costs throughout the economy. Ald. Straza reminded residents that the City has absorbed huge infrastructure costs and police pension costs which have not been passed on to residents – as was done in many other communities.

12. Treas. Jasinski read from the audit of 4-30-10 -referred to above – the actual figures are $8.4 million in the General Fund; Hotel/Motel Fund was $1.8 million; Business District Fund was $2.2 million; the MFT, etc. was $1.8 million for a grand total of $14.3 million. Total assets, if you include interest and deposits (untouchable) do bring the total up to $18.5 million. But that includes infrastructure and buildings – everything owned by the City – not cash. The General Fund of $8.4 million is used to pay City bills. Mr. Drazner stated that the surplus in the General Fund is $200,000, after payment to the police pension fund. If additional cash is available it will be returned to residents. Mayor Krzeminski again commented that he made the statement that he wanted to rollback taxes to the 2007 level when he understood there was $18.5 million in the corporate fund.

13. Tom Michalczyk, a 26-year resident, stated that other communities are laying workers off and Countryside is not; he applauds this Council for doing a great job. As Alderman, Mayor Krzeminski voted against payment to police pension board believing it would bankrupt the City; he stated that the budget was not balanced the last four years.

14. Jim Bresnahan, Chariot Towing, has organized and participated in an event called Tow Trucks for Tots; they gather towing communities from Wisconsin to Indiana and create a 44-mile parade route from Joliet to Toyota Park. This year’s event will take place on Sunday, November 13, 2011. He seeks Council’s approval to put a toy collection box in front of City Hall and requests sending a mass Email to businesses in Countryside. He wishes to continue the great working relationship with the City Council. They are sponsoring a fundraiser on October 30 at the Brusnwick Zone on 75^th & Lemont in Woodridge from 2-4 p.m. They have been honored with the Guiness Book of World Records as having the longest tow truck parade – 309 tow trucks – decorated for Christmas. Mayor Krzeminski and Council have no problem with the request. Ald. Straza commended Mr. Bresnahan and his son for bringing attention to professional regulation of the tow truck industry; the State of Illinois and the Illinois Commerce Commission have begun a program to insure that tow truck drivers not in compliance with personal liability laws will be put out of business. Mr. Bresnahan thanked the Council for their cooperation and will leave several flyers for distribution purposes.

MAYOR’S REPORT

15. Consideration of renewing membership to the Metropolitan Mayors’ Caucus – $206.33. Ald. Straza moved to approve, seconded by Ald. McDermott and carried unanimously.

16. Mayor Krzeminski presented Reconsideration Upon Veto: Motion by Alderman Jasinski, seconded by Alderman Von Drasek, to adopt the Ordinance of the City Council, City of Countryside Concerning the Office of City Attorney, which has been declared to be ORDINANCE 11-56-O. Ald. Von Drasek stated: In its reconsideration of the motion by Alderman Jasinski, seconded by Ald. Von Drasek, to adopt the Ordinance of the City Council, City of Countryside concerning the Office of City Attorney, I move that the City Council agree to pass that Ordinance, declared to be Ordinance 11-56-O, notwithstanding the Mayor’s refusal to approve it, seconded by Ald. McDermott. Mayor Krzeminski pointed out that by this action Council is in direct violation of Section 6-6L-1 of the State Constitution. Even Home Rule communities cannot change the form of government – and that is what Council is doing. The last sentence of that paragraph states, The City Attorney may be removed from office by the Mayor with the advice and consent of the City Council. Ald. Pondelicek asked the City Attorney for advice. Attorney Peck read portions of Section 6-6L-1 aloud. No powers are taken away from the Mayor. The City Council is taking what is set forth in the State Statute and placing it in the City Code. Mayor Krzeminski stated that the last sentence states that the Mayor has the right to remove anybody he appoints – without the advice of Council. The Council is in violation of the State Constitution. Motion is to override the veto by enacting the Ordinance for the Office of City Attorney. Motion carried by Roll Call vote – 5/1. Ald. Straza opposed.

17. Mayor Krzeminski presented Reconsideration Upon Veto: Motion by Alderman McDermott, seconded by Alderman Michalczyk, to approve the Legal Services Continuation Agreement with Raysa & Zimmerman and authorize the Mayor to sign and the City Clerk to attest the Mayor’s signature upon that contract document as presented.

Ald. Michalczyk stated: In its reconsideration of the motion by Alderman McDermott, seconded by Ald. Michalczyk, to approve the Legal Services Continuation Agreement with Raysa & Zimmerman and authorize the Mayor to sign and the City Clerk to attest the Mayor’s signature upon that contract document as presented, I move that the City Council agree to pass that Motion, notwithstanding the Mayor’s refusal to approve of it, seconded by Ald. Von Drasek. Mayor Krzeminski asked whether the office of Raysa & Zimmerman has been nominated and appointed? No response. Council cannot appoint an attorney; the Mayor appoints the attorney with consent of Council. The Mayor has not appointed this firm. How can there be an agreement when there is no appointment. This attorney group has not had an agreement with the City in the last administration. Atty. Peck stated there was an agreement with his prior law firm. Mayor Krzeminski stated that was in 2002 signed by Mayor LeGant. There was no agreement signed with the last administration. Mr. Peck was appointed as City Attorney by Mayor Conrad. There cannot be a contract without an appointment. It was pointed out that other attorneys work for the City without being appointed; they have contracts with the City. The City Attorney is a representative of the City. Mr. Peck stated that he is not the appointed City Attorney but is the Acting City Attorney; in that capacity he is seeking a contract for services to specify what is clearly expected of him and his law firm. A contract for services protects both the City and the law firm. Motion carried on Roll Call vote – 5/1. Ald. Straza opposed.

18. Mayor Krzeminski presented Reconsideration Upon Veto: Motion by Alderman Von Drasek, seconded by Alderman Michalczyk, to adopt the Ordinance Amending the Rules and Procedures of the Corporate Authorities of the City of Countryside, which has been declared to be ORDINANCE 11-57-O. Ald. McDermott stated: In its reconsideration of the motion by Ald. Von Drasek, seconded by Ald. Michalczyk, to adopt the Ordinance Amending the Rules and Procedures of the Corporate Authorities of the City of Countryside, I move that the City Council agree to pass that Ordinance, declared to be Ordinance 11-57-O, notwithstanding the Mayor’s refusal to approve it, seconded by Ald. Michalczyk. Mayor Krzeminski stated that according to the Illinois Municipal League numerous changes were authorized as of 1-1-11. The Mayor believes that the original ordinance number should remain; any revisions should incorporate the original number. All City agendas must be revised; they should include language, printed on the agenda, allowing for audience participation in meetings. All Board members and elected officials must take continuing education classes and be certified. Ald. McDermott stated that those rules may be added; it does not invalidate the City’s ability to change their Rules and Procedures. Mayor Krzeminski stated that Council is approving the Robert’s Rules of Order, Newly Revised. Ald. Pondelicek stated that Rules may be amended later. Motion carried by Roll Call vote – 6/0.

19. Mayor Krzeminski presented the request of George Kappos of B & B Restaurant for a food and liquor license; he is repurchasing the restaurant and would like a smooth transition with no interruption of service on Monday. He seeks consideration to allow a business food license and a liquor license to be enacted tonight with final action taken at the next City Council meeting. Ald. Pondelicek moved to approve the request, seconded by Ald. Von Drasek and carried unanimously. Ms. Peterson stated that fingerprinting was done and a background check is proceeding.

TREASURER’S REPORT

20. Treasurer Jasinski presented the committee’s recommendation seeking a $5 million bank loan with MB Financial to provide financing for the costs related to TIF redevelopment – to begin engineering for the 10-acre site – and bring revenue into the City. Ald. Jasinski moved to approve, seconded by Ald Michalczyk. Ald. Straza asked whether the loan will be supplanted with TIF monies. Treas. Jasinski stated that as properties are sold off, the City will pay down the loan. MB Financial offered the most competitive interest rate and flexibility for prepayment without penalty on loan anniversary dates for any outstanding balance. After discussion regarding whether the City needs the full $5 million, Ms. Paul stated the time line re: contract signing, corporate approval, redevelopment agreement negotiation; that all takes time. Once those matters are completed, there is no closure until all site work is done and utilities brought to the pads, which will probably be June 2012. The Mayor stated if the City took $4 million, it would save one year of interest. Because the City doesn’t know when it will close on Hooters, that would be a risky step. Ms. Paul stated that the money is needed to get Phase 2 site work done. Treas. Jasinski stated that if there were absolutely no glitches, the City might get by with $4 million; it is better to take the $5 million now rather than borrow from the General Fund later. Motion carried by Roll Call vote – 6/0.

COMMITTEE REPORTS

21. WATER COMMITTEE – ALD. VON DRASEK, CHAIRMAN, presented the recommendation to accept the quote of M.E. Simpson to test all commercial water meters for $13,300. Ald. McDermott moved to approve, seconded by Ald. Jasinski and carried unanimously.

22. Ald. Von Drasek attended the Citizen’s Police Academy class last week. Residents are very impressed with the work of the Police Department; thanks Chief Ruth.

23. BUSINESS LICENSE COMMITTEE – ALD. PONDELICEK, CHAIRMAN, presented the request from Flaunt Salon to hold a fundraiser for CEP of LaGrange on October 30, 2011 from noon to 4 pm at 26 E. Plainfield Road in parking lot. All services donated. Activities to include: haircuts, spray tans, chair massages, costume contest and DJ playing. Request waiving license fee. Ald. Straza moved to approve the request, seconded by Ald. Jasinski and carried unanimously.

24. Ald. McDermott announced an Economic Development Committee meeting will take place on Wednesday, October 19 at 5:30 p.m.

25. Ald. Jasinski stated that he and his wife are both students of the Citizen’s Police Academy. Residents have been enjoying every aspect of the training and they commend Chief Ruth for doing a fantastic job.

LEGAL REPORT

26. Attorney Peck presented a Draft Ordinance re: General Penalty and Code Updates. The document is quite lengthy and consists of 14 pages. It was developed at the recommendation of the Building Department and the Infrastructure Committee. The document combines the penalty sections into one central section. There is general updating of the application permits – they are all issued by the Building Department, approved by the Building Commissioner. There are revisions to the review and inspection period with a 24-hour notice provision. Ald. Michalczyk moved to Adopt the Ordinance as presented, seconded by Ald. Von Drasek and carried by Roll Call vote – 6/0.

Clerk Sweeney declared that this will be known as ORDINANCE 11-61-O.

27. Attorney Peck presented the draft resolution accepting the Subrecipient Agreement for $115,000 for the CDBG Grant to resurface Prescott Road and pass a Resolution Acknowledging Participation in the 2011 Program Year. Ald. Michalczyk moved to approve, seconded by Ald. Von Drasek and carried unanimously.

Clerk Sweeney declared that this will be known as RESOLUTION 11-12-R.

28. Atty. Peck presented the PC/ZBA recommendation approving the variance request of John Palys and Jackie Palade, 10735 Forestview Road to permit construction and placement of an above-ground pool and attached deck. On October 4, 2011, the applicants appeared before the PC/ZBA seeking a zoning variance to permit construction and placement of an attached deck of 281 s.f. approximately 5’6′ from a family structure and 3′ from a detached garage, and placement and construction of an above-ground pool of 225 s.f. approximately 8’9 from a single family structure and 6′ from a detached garage upon the real estate commonly known as 10735 Forestview Road, Countryside, IL. The back yard has drainage issues and sloping topography. The PC/ZBA found that the applicants did meet all requirements for the requested variance. Ald. Von Drasek moved to concur with the PC/ZBA, seconded by Ald. Jasinski and carried by unanimous Roll Call vote 6/0.

Clerk Sweeney declared that this will be known as ORDINANCE 11-62-O.

ADMINISTRATOR’S REPORT

29. City Admin. Ms. Paul discussed the Countryside Business Association’s Thanksgiving Day Dinner held at the William Tell for Countryside families. The CBA is planning to hold a food drive, similar to Mr. Bresnahan’s request for a Toy drop-off box, the CBA requests a food drop-off box, if Council approves. The Mayor and City Council agreed.

STAFF REPORT

30. Asst. City Admin. Ms. Peterson presented the recommendation to approve the Intergovernmental Agreement with the Cook County Department of Public Health for Health Inspection Services from December 1, 2011 through November 30, 2012. The fee will remain the same at $60 per inspection. Ald. Von Drasek moved to approve, seconded by Ald. Michalczyk and carried unanimously.

31. Ms. Peterson presented the recommendation for execution of the DCEO Grant Agreement in the amount of $300,000 for costs associated with the purchase and installation of street lights on LaGrange Road. The attached agreement has been reviewed by the City Attorney. Ald. Michalczyk moved to approve the agreement, seconded by Ald. McDermott and carried unanimously.

32. Ms. Peterson announced that next Thursday, October 20, 2011, on the second floor of City Call, from 7-9 pm an Open House workshop will be held for the non-motorized transportation plan. Residents are invited to attend; information is posted on the City’s website; refreshments will be served.

33. Fin. Dir. Drazner introduced the City’s new intern, David Kotwasinski. He has earned an MBA from Governor’s State Univ. and a Bachelor’s Degree from the Univ. of Colorado. He will be assisting in the Finance Department.

34. Ms. Paul presented Mr. Norman’s item -approve the preventive maintenance agreement with Braniff Communications for the outdoor warning sirens at Ideal School and 67^th & Willow Springs Road – $1,081.75. Half the cost of one siren is shared with the Village of Indian Head Park; they will be billed for reimbursement. Ald. Straza moved to approve, seconded by Ald. Pondelicek and carried unanimously.

ADJOURNMENT

35. 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 8:35 p.m.

SHARON SWEENEY, CITY CLERK