MINUTES OF A REGULAR MEETING
CITY COUNCIL OF THE CITY OF COUNTRYSIDE, ILLINOIS
HELD IN THE COUNCIL CHAMBERS ON WEDNESDAY, OCTOBER 26, 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, Karen Michalczyk, Wayne Straza.

ABSENT: Ald. Sean McDermott.

ALSO PRESENT: City Clerk Sweeney, City Treasurer Jasinski, City Attorney Peck, City Admin. Paul, Police Chief Ruth, Fin. Dir. Drazner, ESDA Crd. Norman, PC/ZBA member Benson.

OMNIBUS AGENDA

2. APPROVAL OF MINUTES – October 12, 2011.

3. STATEMENT OF BILLS through October 12, 2011: $209,502.32.

4. FINANCIAL STATEMENT – period ending September 30, 2011.

5. Application for a general business license from J D Hair Mechanics, 6534 W. Joliet Road, #8. Type: Cosmetologist. Applicant: Janeen Nufer.

6. Application for a general business license from Beef N’ Brandy, 5545 LaGrange Road. Type: Restaurant. Applicant: George Kappos.

7. Application for a general business license from USAMEX Distributors, Inc., 5410 Dansher Road. Type: Wholesaler. Applicant: Martha Jimenoz.

8. Ald. Von Drasek noted corrections to the minutes of October 12, 2011 as follows: On p.2, 7^th line, add Ald. Von Drasek stated that — the City’s budget has grown along with skyrocketing costs throughout the economy. In Item 12, during discussion about the Mayor’s pledge to abate the property tax, Ald. McDermott stated that during the campaign Mayor Krzeminski also promised to turn back taxes to the 2007 level and rebate the current property tax. Ald. Michalczyk moved to approve the Omnibus Agenda with those corrections, seconded by Ald. Pondelicek and carried unanimously.

ADDITIONS TO AND/OR DELETIONS FROM THE AGENDA

9. Treas. Jasinski has one change to Item 9C under Finance.

QUESTIONS AND/OR COMMENTS FROM THE AUDIENCE – none

MAYOR’S REPORT

10. Application from Peter Kappos, Beef N’ Brandy Restaurant, 5545 LaGrange Road – formal approval for a Class J. Liquor License. Ald. Straza moved to create the Class J Liquor License, seconded by Ald. Von Drasek and carried unanimously-5/0/1.

11. Mayor Krzeminski stated that a Memorial Service was held today at 3 p.m. at the Pleasantview Fire Station #1 marking the 30^th Anniversary of the devastating Key West Restaurant fire on LaGrange Road where Bally’s is today, in which Firefighters Gary Michalek and Jerry Srejma were killed. The park in Ward 2 is named for the two fire fighters who passed away in that blaze. Fire Chief Kevin Doyle described the ceremony and thanked City Officials — City Administrator Ms. Paul, Police Chief Ruth and Deputy Police Chief Novak for attending the ceremony. It was greatly appreciated by their organization; thanks for taking the time out of your busy schedules. He discussed the critical importance of fire sprinklers in buildings. He thanked the City for recently passing some stringent sprinkler codes and for taking the time to recognize the sacrifice made by family members of the fallen firefighters. Mayor Krzeminski stated he was on the Recreation Committee when the City dedicated the park to these gallant firefighters. Chief Doyle stated that Jim Essig went to great lengths to clean up the bronze plaque that had tarnished over the years; the Fire Department greatly appreciates the City’s recognition and participation in this event. Many thanks to all.

12. Mayor Krzeminski commented on the passing of another Countryside citizen, Matthew J. Kubistant of Ward 2. He moved to Countryside in 1976 and changed the community for the better. Without his effort, Flagg Creek Golf Course would not be in its present location; that would be a Sam’s Club and Walmart. Matt was a quiet person, not outspoken, he was a veteran who served his country well; he held a number of patents and loved the color red – prominent in his Polish heritage and flag. He will be sorely missed by all who knew him.

COMMITTEE REPORTS

13. FINANCE COMMITTEE – TREASURER JASINSKI, CHAIRMAN, presented the recommendation to adopt an ordinance authorizing Staff to execute MB Bank Loan Agreement for $5 million. Ald. Straza moved to approve, seconded by Ald. Jasinski and carried by Roll Call vote – 5/0/1.

Clerk Sweeney declared that this will be known as ORDINANCE 11-64-O.

14. Treas. Jasinski presented the recommendation to accept the FY 2011 Annual Audit and Management Letter, as discussed at the Finance Meeting. Ald. Jasinski moved to accept the Audit and Management Letter as presented, seconded by Ald. Von Drasek and carried by Roll Call vote – 5/0/1. Mayor Krzeminski stated that he thought this year’s budget was the largest in the history of Countryside. He was wrong. He discovered that last year the City spent $17,657,822 and that was 20% over general budget. Treas. Jasinski stated that the City was not over budget. The Mayor said the amended budget was $13.9 million, the actual was $14.3 – the City went over the amended budget; the full details will be on the City’s Website. Treas. Jasinski stated that for the fourth year in a row the City has received the highest awards of any municipality in our dollar-amount size and population size – during Gail Paul’s term and Treas. Jasinski’s term as City Treasurer and Steve Drazner’s time as Finance Director. The City is in a very strong financial position.

15. Ald. Von Drasek stated that the City has hired people of the highest caliber, and the Mayor continues to criticize them. Mayor Krzeminski stated he did not criticize Staff; he merely wants residents to know what occurred last year. He did not criticize or complain about anyone; he is just stating facts.

16. Ald. Straza stated that it was an honor to receive that accolade from Sikich; Sikich is the main auditor for the State of Illinois, as well as being Countryside’s auditor for the past four years. Once again the City stands far above surrounding communities. Congratulations to our Staff for doing an excellent job.

17. Treas. Jasinski sought consideration of a referendum for Electric Aggregation Program and Elect to Work with the Northern Illinois Municipal Electric Cooperative.

NIMEC. Further information is needed to decide whether that is the right group to go with to get better electricity pricing for residents. The City will work with other local municipalities to try to get lower electrical rates than ComEd can provide. Ald. Michalczyk moved to approve, seconded by Ald. Straza. Mayor Krzeminski stated that numerous municipalities have followed this path; the State allows the Cities to group together to get lower rates; this will be a major cost saving for all. There will be a referendum on the ballot at the next election. Motion carried by Roll Call vote – 5/0/1.

Clerk Sweeney declared that this will be known as ORDINANCE 11-65-O.

18. HUMAN RESOURCES COMMITTEE – ALD. PONDELICEK, CHAIRMAN, presented the recommendation to incorporate background checks for all appointed employees and appointed officials. Various security levels to be decided by the description of the position. Ald. Von Drasek moved to approve, seconded by Ald. Straza and carried by Roll Call vote – 5/0/1. Mayor Krzeminski stated that at the Metro Mayors’ Conference when this matter was brought up for discussion; not one of the 47 municipalities represented from Wilmette to Schaumburg to Chicago used background checks for appointees.

19. BUSINESS LICENSE COMMITTEE – ALD. PONDELICEK, CHAIRMAN, presented the request of Cat Nap from the Heart, LaGrange Park, for a fundraiser to be held at the William Tell on November 12, including a raffle; request amusement and raffle fees be waived. After discussion with the Clerk’s Office, it was recommended that Council waive the amusement fee, but keep the raffle fee. Ald. Straza moved to concur with the recommendation, seconded by Ald. Jasinski and carried by Roll Call vote – 5/0/1.

20. ECONOMIC DEVELOPMENT COMMITTEE – ALD. MC DERMOTT, CHAIRMAN, sought consideration of Memo of Understanding with Shorewood GMX for 45 days. Ms. Paul stated that the City is only providing them exclusive right to market the property for a 45-day period. At the conclusion of that time period, they will bring a proposal back to the Economic Development Committee; it is at their discretion whether to move forward. Ald. Von Drasek moved to approve, seconded by Ald. Straza and carried by Roll Call vote – 5/0/1.

21. City. Admin. Ms. Paul sought a resolution approving a non-binding term sheet with Bandon Realty Ventures, Inc. (Hooters) for purposes of the redevelopment of a portion of the Countryside Commercial Tax Increment Financing District. The City will sell 1.25 acres on the north end of the development for $1,175,000; other terms discussed in the EDC have been listed. Treas. Jasinski stated that this is the City’s effort to move forward trying to bring tax dollars in during difficult economic times. This establishment will employ at least 75 people; it is a fantastic opportunity for the City. Ald. Von Drasek moved to approve, seconded by Ald. Jasinski and carried by Roll Call vote – 5/0/1. Council members welcomed them to the City.

Clerk Sweeney declared that this will be known as RESOLUTION 11-13-R.

22. Ms. Paul presented an announcement from Ald. McDermott. He has been working with the State Treasurer’s Office to bring the CASH DASH program to the City of Countryside. Businesses are required to turn over unclaimed property to the State of Illinois if they cannot find the rightful owner after a 5-year period. There is currently $1.5 billion in that fund in the State of Illinois. State Treasurer Dan Rutherford’s Office will be here next Thursday, November 3, from 3-5 p.m. with computer set-ups and be available for residents who may have unclaimed property with the State. The City will put an Email blast together for the Website; please advise residents to come in and take advantage of the program.

23. Ald. Straza announced that he is tendering his resignation as Alderman of Ward 3, City of Countryside, effective immediately. He has reached this decision after much consideration and consultation with his family. He has decided to concentrate on the needs of his family and private business interests. He thanked the residents of Countryside for the privilege of serving as Alderman. Public Service is one of the most gratifying endeavors chosen in his lifetime. He thanked the City for the opportunity and stated that he would be available in the future. Mayor Krzeminski regretfully accepted Ald. Straza’s resignation. He has made a difference in the City; he will be sorely missed. He thanked him for faithfully serving the City. Ald. Straza also thanked the business community for all their support; keep up the excellent job.

24. Ald. Von Drasek is sorry to see this happen; it’s been a pleasure to work with Ald. Straza. Over the years much has been accomplished; thank you for that.

25. Ald. Von Drasek cautioned everyone to watch out for the kids in their costumes on Monday, Halloween, while trick or treating.

26. Ald. Jasinski stated it has been a pleasure to work with Ald. Straza as well.

LEGAL REPORT

27. City Attorney Peck presented the PC/ZBA recommendation allowing a special use to permit construction of a dual-lane drive thru at 5701 LaGrange Road. The applicant is McDonald’s Corp. There was a Special PC/ZBA Meeting on October 19, 2011, at which time the PC/ZBA made the finding that the applicant met all the requirements for a special use and that the construction of a dual-lane drive thru configuration at the property commonly known as 5701 LaGrange Road, be approved subject to the following conditions: that the construction be in substantial compliance with Petitioner’s Exhibit A, attached to the recommendation; that the landscape be in substantial compliance with Petitioner’s Exhibit B; that the final configuration be subject to review and approval by the City Engineer; that additional garbage cans be placed on 57^th St.; that the stop signs at the exit on LaGrange Road be replaced and that the exit be restriped to show the left and right turn lanes onto LaGrange Road; that all construction be in compliance with City ordinance; and that the special use be established within six months. Ald. Jasinski moved to concur with the PC/ZBA recommendation, seconded by Ald. Von Drasek and carried by Roll Call vote 5/0/1.

Clerk Sweeney declared that this will be known as ORDINANCE 11-66-O.

28. Attorney Peck presented the PC/ZBA recommendation denying a variance and special use to re-establish residential apartment and home occupation above commercial space at 9607 – 55^th St. Applicant: Sai Lau Leung. On October 4, 2011, the Applicant appeared before the PC/ZBA for a special use to re-establish a residential apartment above commercial space at 9607 – 55^th St. After hearing all the testimony and evidence, the PC/ZBA made the finding that applicant did not meet the requirements for such special use, therefore the request was denied. Ald. Von Drasek moved to concur with the PC/ZBA recommendation, seconded by Ald. Michalczyk and carried by Roll Call vote — 5/0/1.

29. The next recommendation pertains to the same address – 9607 – 55^th St. for a variance for home occupation. On October 4, 2011, the Applicant, Sai Lau Leung, appeared before the PC/ZBA seeking to operate a construction company out of that facility. It is not zoned for that purpose so he was requesting a home occupation permit. The PC/ZBA heard all the testimony and evidence and found that the applicant did not meet the requirements for a variance, therefore the request was denied. Ald. Michalczyk moved to concur with the PC/ZBA recommendation, seconded by Ald. Jasinski and carried by Roll Call vote – 5/0/1.

30. Attorney Peck presented the PC/ZBA recommendation allowing a special use to operate an electronic sign and approving a variance to allow a freestanding sign, and denying a variance requesting to permit an increase in electronic signage which exceeds 20 s.f. at 5330 LaGrange Road. Applicant: BP Gas Station. On October 4, 2011, the applicant appeared before the PC/ZBA for a special use to permit the retro-fitting of LED gas price digits into the existing double-sided free-standing sign upon the real estate at 5330 LaGrange Road. After hearing all the testimony and evidence, the PC/ZBA found that the applicant met the requirements for such special use, therefore the PC/ZBA approved the special use as requested. Ald. Von Drasek moved to concur with the PC/ZBA recommendation, seconded by Ald. Jasinski and carried by Roll Call vote — 5/0/1.

Clerk Sweeney declared that this will be known as ORDINANCE 11-67-O.

31. Attorney Peck presented the PC/ZBA recommendation allowing a series of sign variations at 5330 LaGrange Road. Applicant: BP Gas Station. On October 4, 2011, the applicant appeared before the PC/ZBA for a sign variation to permit the existing free-standing sign to have a height of 21’3 instead of the permitted 20′; a sign variation to allow the existing free-standing sign two feet onto the required 5-foot setback and right-of-way upon the real estate commonly known as 5330 LaGrange Road. After hearing all testimony and evidence, the PC/ZBA recommended that both variances be granted to the applicant with all applicable codes and ordinances being followed. Ald. Michalczyk moved to concur with the PC/ZBA recommendation, seconded by Ald. Jasinski and carried by Roll Call vote – 5/0/1. Atty. Peck stated that the request for larger digits was withdrawn.

Clerk Sweeney declared that this will be known as ORDINANCE 11-68-O.

32. Attorney Peck presented the PC/ZBA recommendation amending Section 10-5C-6 – Structure Requirements to the Zoning Ordinance at the request of the Building Department. On October 4, 2011, the PC/ZBA made a recommendation to amend the Zoning Code with regard to Structure Requirements and remove #7 — Accessory Buildings – in determining the maximum floor area ratio; accessory buildings will be removed in the R-3 Zoning District. After hearing all the testimony and evidence, the PC/ZBA recommended removal of Accessory Buildings when considering the maximum floor area ratio in the R-3 zoning district. Ald. Jasinski moved to concur with the PC/ZBA recommendation, seconded by Ald. Von Drasek and carried by Roll Call vote – 5/0/1. Mayor Krzeminski added that this will affect homes north of 55^th St. – as an incentive to stimulate economic changeover.

Clerk Sweeney declared that this will be known as ORDINANCE 11-69-O.

33. Atty. Peck stated it was a pleasure to work with Ald. Straza over the years.

CITY ADMINISTRATOR’S REPORT

34. City Admin. Ms. Paul sought approval of the ComEd agreements for site work at the City Center Development in the amount of $61,743.10. The utility work includes removal of transformers and underground line, plus adding a new loop around the site.

Ald. Michalczyk moved to approve, seconded by Ald. Pondelicek and carried by Roll Call vote – 5/0/1.

35. Ms. Paul stated that she received a complimentary note re: the Public Works Department and their efforts on behalf of the City. The note stated in part: Please accept this donation for lunch or something for the hard-working crews who work on your leaf and branch pick-up program. We have given them more than our share of branches – we appreciate the City services. Sincerely, Dean and Judy Hanaway. They sent a check for $100; She seeks approval to deposit the check and allow the PW Supt. to buy lunch or what he deems fit for the Staff at the request of the resident. Ald. Straza moved to approve, seconded by Ald. Pondelicek; motion carried by unanimous voice vote. Ald. Michalczyk said it is well worth it. Ms. Paul thanked Ald. Straza for his staunch support of the City Staff. She appreciates it and wishes him the best of luck.

STAFF REPORTS

36. Police Chief Ruth echoed the accolades to Ald. Straza; it is a shock. He thanked him for his dedication to the City of Countryside and his many years as a police officer.In the past year working here he has assisted him personally on many occasions. Ald. Straza stated he will continue to do so; he thanked the Chief and all the well wishers for their kind words.

37. Fin. Dir. Drazner thanked Ald. Straza for his assistance and for the pleasure in working with him. Ald. Straza will continue to be supportive and protective of the City and the Staff. The City has the talented staff to accomplish its goals; that’s what makes a great City. ESDA Coordinator Norman also thanked Ald. Straza for his past support. Ald. Pondelicek echoed the comments; Ald. Straza is a tremendous asset to the City; he thanked him for all his hard work on behalf of the City. Mayor Krzeminski again thanked Ald. Straza for all his hard work and dedication to the City.

ADJOURNMENT

38. Mayor Krzeminski sought to adjourn to Executive Session under Section 2Ah and 2Aa of the Open Meetings Act to discuss litigation and labor relations. Ald. Jasinski moved to adjourn to Executive Session, seconded by Ald. Von Drasek and carried by Roll Call vote – 5/0/1.

Mayor Krzeminski declared the meeting adjourned at 8:15 p.m.

SHARON SWEENEY, CITY CLERK