MINUTES
City Council, City of Countryside
Regular Meeting
5550 East Avenue
City Hall, Council Chambers
Wednesday, September 12, 2012 7:30 p.m.

CALL TO ORDER

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, Police Chief Ruth City Attorney Peck, Asst. Admin. Peterson, Fin. Dir. Drazner, City Eng. Fitzgerald, ESDA Crd. Norman, Police Bd. Chrm. Welch, PC/ZBA Chrm. Fullmer.

APPROVAL OF MINUTES

1. Regular City Council Meeting, August 22, 2012. Correction to Item 6, change Red Crossland to Rick Crossland. Ald. McDermott moved to approve the minutes as corrected, seconded by Ald. Von Drasek and carried unanimously.

OMNIBUS AGENDA

2. Statement of Bills submitted for payment through September 12, 2012: $1,126,473.60.

3. From the Countryside Lions Club to solicit at Jewel on October 11-13, 2012 for Candy Day.

4. Ald. Jasinski moved to approve the Omnibus Agenda as presented, seconded by Ald. Michalczyk and carried unanimously.

5. Mayor Krzeminski requested that the donation check of $1,220 to the Kelli O’Laughlin Foundation be presented to the family in person at the Fall Fest since this is a contribution from the citizens of Countryside to the family. Ald. McDermott moved to approve, seconded by Ald. Musillami and carried unanimously.

COMMUNICATIONS FROM THE PUBLIC

6. Joe Lenoch, William Tell, is concerned with the authorization to negotiate an IGA with SW Central Dispatch.He seeks clarification — will the dispatch in Countryside be shut down – Why? Mayor Krzeminski stated this was a suggestion from a previous Alderman; staff was directed to investigate and it is now to the point of negotiations. This was discussed at a Police Committee meeting. The Mayor suggested tabling this item and discussing it at a special meeting with public participation and feedback included. Ald. Pondelicek stated that the Police Committee agreed to recommend that Staff negotiate a contract with Southwest and come back to the City Council for final approval. Chief Ruth made a special presentation at the Police Committee meeting on September 5 and went into great detail answering questions and concerns being raised now (as seen from various emails). Many people were not there. Lenoch stated that the City should not make a decision without public involvement. Ald. Pondelicek stated that another meeting should be held next week; the Chief will make the same presentation with a Q and A afterwards. He is looking for a meeting date next week.

7. John Meiszner, 6705 Willow Springs Road, requests extension of a driveway project. After discussion, Ald. Von Drasek moved to grant the extension and to keep the City Building Department advised of his progress, seconded by Ald. Musillami and carried unanimously.

8. Julie Lenoch, William Tell, 6201 Joliet Road, thanked the City Aldermen and Police Chief, Sandy Dorgan for making the 9-11 Memorial event hugely successful; awards were given to officers. Thanks to Don Musillami for his live band entertainment. There were 200 cars and 500-600 attendees. Mayor Krzeminski thanked her and stated that the City appreciates their efforts.

9. Attorney Pete Balderes, Illinois FOP Labor Counsel representing dispatchers, sought clarification on whether a vote will be taken this evening regarding the contract with SW Central Dispatch. Mayor Krzeminski said no. Under discussion, this would be entertaining the start of negotiations – not that the City would go forward with the contract. The Mayor is opposed but would like all information disseminated to the public. Mr. Balderes reiterated that there will be no vote taken tonight.

10. Julie Lenoch stated that she is opposed to SW Central Dispatch and fears that service will be delayed. Lainey Novak, 6700 S. Brainard, seeks simpler dissemination of information to the public. The Website is too cumbersome at this time; the process should be shortened. There should be a bulletin or newsletter re: important upcoming Committee meetings. Mayor Krzeminski suggested that this Special Meeting date should be posted on the front page of the City’s Website and also published in the newspaper. Ms. Paul stated that interested parties should sign up on the City’s Home Page to get the email blast, which would include every agenda.

MAYOR’S REPORT

11. Mayor Krzeminski read the Proclamation aloud re: No Text on Board supporting September 19, 2012 as Pledge Day to refrain from texting while driving. Mayor Krzeminski signed the Proclamation.

12. Mayor Krzeminski attended a news conference on August 23 at the invitation of Gov. Quinn wherein he announced that additional funds from the $100 million MFT fund would be distributed to local communities for road improvements in the State of Illinois. Countryside received an additional $23,000. During a personal conversation with the Governor, he asked about the Route 66 Museum. Although that project is at a standstill the Mayor advised the Governor re: many Europeans (23 Germans last week) rent motorcycles from Harley and ride down Route 66 to California. The Governor was amazed; he wasn’t aware of that. He will advise the Tourism Director to investigate. Ald. Jasinski was informed that 60 Irish police officers are coming in this month to do the same thing. Harley is bringing people to Countryside. The Mayor suggested that the City provide a log book at Harley Davidson and have all riders, foreign and domestic, sign in citing their expectations. This would provide ammunition to the State increasing the City’s tourist appeal. Ald. Jasinski stated that is a very good idea; other states along Route 66 have similar books. The Mayor stated that Santa Monica displays a sign showing the end of Route 66 and has much related memorabilia. In Santa Monica motorcycles are rented to Japanese tourists who travel Route 66 in reverse – it goes both ways. This is really going to be a huge success.

CITY CLERK’S REPORT

13. Approval of Executive Session minutes of City Council on 7-13-11 and 8-8-12.

Ald. McDermott moved to approve, seconded by Ald. Musillami and carried by Roll Call vote – 6/0.

TREASURER’S REPORT

14. Approval of the Treasurer’s Report for the period ended July 31, 2012. Treas. Jasinski thanked Police Chief Ruth and the other officersand first responders who came out on 9-11 to attend the American Legion Hall Ceremony to honor the 3,000 Americans who lost their lives 11 years ago.

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

15. Economic Development Committee – Alderman McDermott presented an ordinance amending Ordinance 12-42-O, adopted July 25, 2012 and approving a Final Plat of Subdivision relative to the Countryside City Center Subdivision comprising a part of the Countryside Commercial TIF District. Ald. Von Drasek moved to adopt the Ordinance as presented, seconded by Ald. Pondelicek, carried by Roll Call vote – 6/0

Clerk Sweeney declared that this will be known as ORDINANCE 12-52-O.

16. Ald. McDermott sought approval of an ordinance authorizing a Reciprocal Easement and Operating Agreement between the City of Countryside and Countryside Harley Properties, LLC for the Countryside City Center, comprising a part of the Countryside Commercial TIF district and authorizing the transfer of Title to certain Real Property owned by the City to the Countryside City Center Owners’ Association re: maintenance of the common areas in the City Center. Ald. Von Drasek moved to adopt the Ordinance as presented, seconded by Ald. Jasinski, carried by Roll Call vote – 6/0.

Clerk Sweeney declared that this will be known as ORDINANCE 12-53-O.

17. Ald. McDermott sought Council consideration to enter into an agreement with Shorewood /GMX re: Phase 3 site work. The City awaits their final approval for the RDA. They have agreed to cover the costs associated with engineering on their site.

Ald. Michalczyk moved to approve, seconded by Ald. Musillami and carried by Roll Call vote – 6/0.

18. Ald. McDermott stated that Autobarn V W has completed renovations to their new White Box dealership; the Grand Opening will take place in the next few weeks. The Subaru location at 6191 is under construction and should be completed within the next 60-90 days. It took 11 weeks to get a permit from the SLSD for the Hooters parcel; it was finally received and site work will resume tomorrow. The City is in the final stages of negotiating a redevelopment agreement with the developer, Shorewood/GMX.

19. License Committee – Alderman Musillami presented the Status Report on License Applications – Kayem Ventures, LTD, a home-based Internet company; Sarpino’s Pizza on LaGrange Road, 5321 S. LaGrange, carry out/delivery pizza; and Nyco Products Company, 5408 Dansher Road, a specialty chemical blending & packaging company. Two special uses are Illinois Harley customer appreciation day on 8-30-12 and a pro-wrestling event on 9-7-12.

20. Police Committee – Alderman Pondelicek presented the recommendation to refer the hiring of two probationary police officers to the Board of Police & Fire Commission. Ald. Musillami moved to approve, seconded by Ald. McDermott and carried by Roll Call vote – 6/0.

21. Ald. Pondelicek sought Council authorization to approve the Intergovernmental Agreement establishing the 5^thDistrict SWAT Team. Ald. Jasinski moved to approve, seconded by Ald. Musillami and carried by unanimous voice vote.

22 Ald. Pondelicek sought Council authorization to negotiate an Intergovernmental Agreement with Southwest Central Dispatch – just to negotiate – not for final approval. Ald. McDermott moved to approve, seconded by Ald. Michalczyk. Mayor Krzeminski stated this matter was to be tabled until the explanatory meeting is held with Chief Ruth’s presentation. Whereupon extended heated discussion took place re: people would like to hear all sides prior to Council voting on the matter. Earlier the Mayor closed discussion on this matter with the understanding that it would be tabled. If the matter is not in fact tabled, it is now reopened for public comment.

23. Brendan Gleespen, Countryside resident and police officer, 6700 S. Brainard, read a statement noting that he is here as a concerned resident. Other officers are opposed as well but fearful to speak out publicly. His main concern is officer safety; he had previous experience with Northwest Central Dispatch. He stated that surrounding towns operate on a different frequency; they will not hear calls from SW Central Dispatch and be able to respond in a timely manner. He provided detailed information re: his belief. SW Central covers 163,000-250,000 people; Countryside is 3% of that population; this will compromise prompt response time. Dispatchers provide a safe haven for residents (open 24 hours) and relay emergency information to police officers. Duties include– watch arrestees, complete arrest jackets, process bond receipts, file /expedite reports, provide in-house resources, search female arrestees, use LEEDS system, etc. Gleespen is completely against going to SW Central Dispatch.

24. Joseph Lenoch, William Tell, stated that the City needs a quick response time; keep dispatchers as they are; money should not be an issue; the City will be in jeopardy. Ron Sobe, 5605 Kensington, stated that squad response time is essential; keep the dispatchers here. Barbara Gleespen, noted Internet complaints dealing with SW Central response time; she is adamantly opposed to it. Lainey Novak, 6700 S. Brainard, noted that absence of the FOP attorney representing dispatchers is unfair since he left the meeting upon hearing the no vote conversation. The City should review alternate options like getting another radio band — available through the FCC -Frequencies Department. Consider working together with other nearby communities. Why is this the only option discussed? Citizens need all information prior to making a decision. Jeri Sobe, 5605 Kensington, very unprofessional telling the FOP attorney that this was not going further tonight so he left. The six Alderman have made up their minds; it will go through; citizen input doesn’t matter. Mary Lou Pisone, 6940 S. Lorraine Drive, new Police Board member and concerned citizen, agrees that this topic should be postponed until the Chief presents his report so that the FOP attorney and interested parties may be present to hear both sides and gather all information. Sandy Dorgan, 6013 Kensington, Ledo’s Pizza, would like to hear the Chief’s presentation and review all other options. This choice affects the entire community, more than the gaming ordinance. Al Arneson, 121 W. Constance, echoed sentiments of previous speakers; it is unfair to discuss this matter after it was deemed tabled. Have the follow-up meeting and then move forward. Gus Casey, 123 Pheasant Drive, never heard of this matter before; it should be tabled tonight and brought back after the follow-up meeting. Julie Lenoch believes Chicago politics are encroaching into this area. Burr Ridge police are very slow in responding; this is what Central Dispatch will do for Countryside.

25. Police Chief Ruth stated much misinformation is circulating re: SW Central and their capabilities. Countryside is in a fringe area of communication; that is part of the problem. SW Central just takes the calls and dispatches the cars. If the police are down, whether its Burr Ridge or Countryside, officers are unavailable. It is not a dispatching issue, it’s the officer’s ability to respond to the call. Different issues involving staffing will be explored. The person behind the desk cannot leave the radio room; they must call a police officer in. Many subjects are covered at the presentation including statistical data – walk-ins on the midnight shift – critical issues re: radio frequencies and dead spots in the community – this is a recurring problem. Communication between police officers is critical; it is a complex issue that must be addressed. Changing technology requires further investigation; SW Central is on multiple frequencies. Many questions will be answered at the presentation.

26. After reviewing the cost analysis, Mayor Krzeminski noted a savings of $1,089,843 over a five-year period. He also spoke to officers and residents. Officers believe there will be a downgrade in equipment under the control of SW Central. The Mayor is against losing control in how the City protects its citizens. Why is it so important that negotiations must move forward today and not wait two weeks until all the information has been disseminated? Ald. Michalczyk stated it is not that important. Discussion over who suggested tabling the matter.

27. Ald. Von Drasek stated if the City moves forward with negotiations, it may put the matter to rest. There are serious issues at stake; there is a problem and the City is trying to reach a solution. As an 8-year member of the City Council, he will never put money ahead of officer safety or citizen safety. The only decision made is to move forward with negotiations and determine the facts. He stated that there was no personal contact from building residents who submitted a petition instead. He received a phone call yesterday. Officer Gleespen responded that nothing is publicized; residents are not aware of happenings. Ald. Von Drasek stated that no decision will be made until all the facts are known and understood. Money is not the determining factor. Mayor Krzeminski suggested erecting a radio tower on the ESDA property for full reception and better coverage. Discussion lasted an hour; The Mayor called for the vote.

AYES: Ald. McDermott, Ald. Michalczyk

NAYS: Ald. Von Drasek, Jasinski, Pondelicek, Musillami

ABSENT: None

Motion Denied – 2/4.

28. Ald. Pondelicek will hold a Police Committee meeting next week; no date chosen at this time. A date will be posted on the Website when it is determined.

29. Human Resources Committee – Alderman Pondelicek presented the recommendation to hire a temporary crossing guard to fill a vacancy due to a medical leave absence. Ald. Von Drasek moved to approve, seconded by Ald. Musillami and carried by unanimous voice vote. Treas. Jasinski left the meeting room at 8:45 p.m.

30. Ald. Pondelicek presented the recommendation to amend Sec. 1-5C-7 MAYOR PRO TEM by replacing it with stated language contained in the draft ordinance. The Mayor sought legal advice re: Ald. Pondelicek may discuss the matter but cannot bring the motion since he voted against it in committee, per Atty. Peck. The ordinance was amended to reflect that the Mayor Pro Tem was elected by the City Council. Ald. Von Drasek moved to amend Sec. 1-5C-7 as agreed, seconded by Ald. Musillami.

30A. Mayor Krzeminski stated that this ordinance duplicates the surrounding communities’ ordinances. Regarding the Term, it is incorrect as stated in the draft ordinance – The Alderman serving as Mayor Pro Tem shall serve until: 1) Such Alderman resigns as Mayor Pro Tem; or 2) Such alderman is no longer a City Alderman. Ald. Pondelicek stated that portion was deleted. Mayor Krzeminski stated that in the revised draft dated 9-11-12, it remains in place. This ordinance is only in effect when the physical presence of the Mayor is required, which is very seldom. He believes this is a political ploy to get somebody elected as Mayor for their own political gain. All decisions are still made by the Mayor.

30B. Ald. McDermott stated that because the Mayor is out of town for significant periods of time, for the benefit of the City, if there are documents needing the Mayor’s signature official action may be taken. The Mayor can resolve the issue by appointing someone Mayor Pro Tem for the next two weeks while he is out of town. The Mayor replied that he cannot do so pursuant to the Illinois Constitution unless he is incapacitated, in an accident or having surgery under anesthesia; otherwise he is in constant contact with all City officials. Motion carried by Roll Call vote – 5/1 – Ald. Jasinski opposed.

Clerk Sweeney declared that this will be known as ORDINANCE 12-54-O.

31. Water Committee – Alderman Von Drasek presented the recommendation to purchase a Sensus Auto-Vu Meter Reader for $20,000 from the sole supplier, HD Supply Co. Ald. McDermott moved to approve, seconded by Ald. Pondelicek and carried by unanimous voice vote.

32. Ald. Von Drasek presented the recommendation to accept the low proposal for annual commercial meter testing from M.E. Simpson for a total cost of $12,890. Ald. Michalczyk moved to approve, seconded by Ald. Jasinski and carried unanimously.

33. Ald. Von Drasek stated that the lift station to be replaced near Sunset between Stalford and 67^thSt., has run into some MWRD permitting clean-up issues that must be addressed prior to moving forward. The City is proud that there is a 95-96% water accountability rate which means that there are very few undetected leaks in the City’s pipes. The next possible rate increase, which will be passed on from McCook in January; please monitor your email and newsletter for future announcements.

34. Ald. Von Drasek thanked Ald. McDermott and DPW Supt. Essig for getting Comm. Topolski from the County Board, Pat Doherty and John Bissell, Asst. Supt. plus other County workers out examining the 5^thAve. Cutoff. This resurfacing is long overdue; it was set for 2016; the City did receive preliminary approval to get that done. Ald. Michalczyk also assisted in facilitating the meeting; they walked the 5^thAve. Cutoff. Preliminary meetings are being held for Prescott resurfacing as well – thanks to Ald. Michalczyk and Asst. Admin. Peterson for applying the CDBG money and getting the job done; there will be mention of this in the Newsletter. Mayor Krzeminski stated that the letter he sent to Pres. Preckwinkle re: this matter along with speaking to Gov. Quinn on August 23, helped move the project forward. Council members disagreed.

35. Plan Commission/Zoning Board of Appeals – City Attorney Peck – no report.

36. Infrastructure Committee – Alderman Michalczyk – no report.

37. Recreation Committee – Alderman Jasinski stated that a Recreation Committee meeting will be held on Wednesday, September 19 at 6:30 p.m.

38. Ald. Jasinski stated that the Beautification Ad Hoc Committee had $3,000 set aside in the budget for a community garden. They have used $100 of that amount to purchase white crocuses for Memorial Park, for the Flowers for Kelli Program – for the Kelli O’Laughlin Memorial. The committee is exploring the possibility of having the community garden at 6050 Kensington Ave. There will be a notice in the Newsletter announcing the meet and greet for residents to acknowledge the people involved. The information will be on the Website prior to the meeting at the end of October.

39. Finance Committee – Treasurer Jasinski – no report.

CITY ATTORNEY’S REPORT

40. City Atty. Peck had no report. Mayor Krzeminski sought information re: posting unapproved Council minutes to the Website. Atty. Peck stated that after reviewing other municipalities, many variations are noted throughout so it is really open as to how the City wishes to proceed. The Mayor said there is nothing to stop the City from doing so; Mr. Peck stated there is not. Mayor Krzeminski asked Council members to think about the proposal and discuss it at the next meeting.

CITY ADMINISTRATOR’S REPORT

41. City Administrator Ms. Paul stated that the Video Gaming Ordinance that was passed in August has been posted to the State’s Website. It was updated on 9-10-12. The State came out to do a follow-up inspection in one instance.

42. Information relating to the City’s surge protection was included in the City Administrator’s Report. Steve Drazner has been talking to the IT consultant and they put a report together that was included as well.

STAFF REPORTS

43. City Engineer, John Fitzgerald, presented the recommendation to award the 2012 Drainage Improvement contract to Stip Brothers Excavating, Elwood, IL for $122,950. Ald. McDermott moved to approve, seconded by Ald. Musillami and carried by Roll Call vote – 6/0.

44. Eng. Fitzgerald presented engineer’s pay estimate #4 and semi-final for the City Center monument sign to Landmark Sign Group for $10,000. Mayor Krzeminski stated the job is not finished; the clock hands are not up; no electricity is flowing. Ms. Paul stated that the City has retained more than $10,000. The reason the job is incomplete is due to ComEd — they have not installed the controller. The base is complete. Mr. Fitzgerald stated that perhaps two days of work remain. All the wire is pulled and the City is awaiting ComEd to energize. At that time Landmark will return and complete clock components and do the necessary testing. The City is holding $10,000 retainer. Ald. Musillami moved to approve payment, seconded by Ald. McDermott and carried by unanimous voice vote.

ADJOURN TO EXECUTIVE SESSION

45. Mayor Krzeminski sought a motion to adjourn to ExecutiveSession to discuss litigation and to review executive session minutes of 7-11-12. Ald. McDermott moved to adjourn to Executive Session under Section 2Ah of the Open Meetings Act for the purpose of discussing litigation, and Section 21c to review Executive Session minutes of 7-11-12, seconded by Ald. Jasinski and carried by Roll Call vote – 6/0

Mayor Krzeminski declared the meeting adjourned at 9:25 p.m.

SHARON SWEENEY, CITY CLERK