MINUTES OF A REGULAR MEETING
CITY COUNCIL OF THE CITY OF COUNTRYSIDE, ILLINOIS
HELD IN THE COUNCIL CHAMBERS ON WEDNESDAY, SEPTEMBER 14, 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 Admin. Paul, City Attorney Peck, Police Chief Ruth, Asst. Admin. Peterson, City Eng. Fitzgerald, ESDA Crd. Norman, DPW Supt. Essig, PC/ZBA Member Grotzke.

Mayor Krzeminski called for a moment of silence to commemorate the ten-year anniversary and honor the victims of the 9-11-01 terrorism attack.

OMNIBUS AGENDA

2. APPROVAL OF MINUTES – Regular Meeting August 24, 2011. Special Meeting of July 27, 2011; Special Meeting of August 24, 2011.

3. STATEMENT OF BILLS through September 14, 2011: $644,108.00.

4. Application for a general business license from HAIR MECHANICS, 6534 Joliet Road, #8. Type: Beauty Salon. Applicant: Donna Brouwer.

5. Application for a general business license from NIKKI KATRIS, 6555 Willow Springs Road, #12. Type: Cosmetologist. Applicant: Nikki Katris.

6. Application for a general business license from PLOTE CONSTRUCTION, INC., 6475 Joliet Road. Type: Office. Applicant: Daniel Plote.

7. From Unique Events Toy Show requesting permission to conduct a show on October 16, 2011 at Park Place of Countryside.

8. From the R.E. Coulter Post #1941 requesting permission to solicit at various locations on October 29 and November 5, 2011 contingent upon the necessary paperwork being received.

ADDITIONS TO AND/OR DELETIONS FROM THE AGENDA

9. Three additions to the Agenda were noted by Mayor Krzeminski. There will be an Executive Session to discuss litigation under Section 2Ah.

QUESTIONS AND/OR COMMENTS FROM THE AUDIENCE

10. Pat Schwartz, 10840 Crestview asked for a definition of Phase 1 as it regards the City Center Development. City Eng. Fitzgerald stated that Phase 1 consists of site work for Harley Davidson, the main drive going through the development, construction of the detention pond, underground utilities, landscaping and public sidewalks. At the EDC meeting on Tuesday evening all the above will be discussed and diagrams presented. He asked interested parties to attend that meeting. The request to waive the formal bid process will be included in those discussions

MAYOR’S REPORT

11. Mayor Krzeminski presented the request from the Rotary Club of Countryside for either a donation and/or participation in the Annual golf Outing on September 26, 2011 to support students improving their grade point average by recognizing them at the Annual Awards Banquet. Ald. Michalczyk stated that the City donated $2,500 towards the Diamond Achievement Dinner in May 2011. Treas. Jasinski as a member of the Rotary Club stated that this was a request to various Aldermen and staff, which if attended, was paid individually. City Council took no action on the matter.

12. Mayor Krzeminski announced that on October 5-6, 2011, the ISCS will hold its conference at Navy Pier in Chicago; registration is $255 if received by 9-23-11. Please add this matter to the next agenda, however, Council may wish to approve it tonight to not incur additional registration costs. Treas. Jasinski has attended this conference in Las Vegas in the past; retailers, developers and builders all meet to discuss future projects. A City Economic Development Director or Administrator should attend. Ald. Pondelicek moved to authorize Ms. Paul and others to attend the conference, seconded by Ald. Von Drasek; motion carried by unanimous voice vote.

13. Mayor Krzeminski wishes to create an ad hoc Beautification Committee made up of City residents; volunteers are welcome. This is not just a garden committee but will pertain to the City as a whole. He suggested that one Council member should head the committee – perhaps the Recreation or Infrastructure Committee chairs. Interested citizens would use the application process form. The committee may work in conjunction with the Zoning Board of Appeals re: City property. Ald. Von Drasek suggested that legal matters and IRMA requirements re: liability issues be discussed at a future Recreation Committee meeting. Treas. Jasinski stated that Western Springs already has such a committee – using volunteer students for clean-up. He suggested reviewing their activities. Mayor Krzeminski will discuss this at the Illinois Municipal League and hopes to bring back much information re: matters of this nature.

14. Mayor Krzeminski stated that Committee meeting times have been starting around 5 pm or 5:30 pm. Since meetings are open to the public, he suggested that they should begin around 6:30 pm to give residents an opportunity to have dinner at home with family and then attend a meeting if they so desire. This is merely a suggestion; the City should make an effort to accommodate residents in this regard.

COMMITTEE REPORTS

15. FINANCE COMMITTEE – TREASURER JASINSKI, CHAIRMAN, presented the recommendation to approve M B Financial Bank’s 5-year agreement for City’s operating and payroll accounts. Ald. McDermott moved to approve the agreement, seconded by Ald. Michalczyk and carried unanimously.

16. Treasurer Jasinski reminded the audience that this Saturday is the Community Nurse Association Octoberfest Celebration at the YMCA on Ogden and LaGrange; Treas. Jasinski will be the Celebrity Bartender for the event; please stop by and help support those in need of medical coverage.

17. WATER COMMITTEE – ALD. VON DRASEK, CHAIRMAN, presented the recommendation amending the ordinance increasing water connection fees. The City has held rates status quo for a long time; the increases will cover City expenses. Mayor Krzeminski believes the increase is too drastic – from $195 to $600, and $370 to $800. The amount is too extreme. Ald. McDermott 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 11-55-O.

18. Ald. Von Drasek referred to an Email from May 4, 2011 re: the 5^th Avenue Cutoff – condition of the road – the City did the engineering but at the 11^th hour the County said that the City must take the bridge, which was a deal-breaker for the City. He asked Ms. Peterson and Mr. Essig to take photos of the deterioration and send them to the proper County officials to get some action on resurfacing. Ald. Straza stated that the entire bridge is in need of reconstruction – which would be the City’s responsibility. Council agreed to have Staff proceed with the photos.

19. HUMAN RESOURCES COMMITTEE – ALD. PONDELICEK, CHAIRMAN, presented consideration of an ordinance entitled, Ordinance of the City Council, City of Countryside concerning the Office of City Attorney. Ald. Jasinski moved to adopt the Ordinance as presented, seconded by Ald. Von Drasek. Mayor Krzeminski stated that he will be attending the Illinois Municipal League meeting for the next three days. He will inquire whether other communities have an ordinance re: City Attorney. The City has worked well for 50 years without an ordinance. He asked to postpone this vote for one meeting. Ald. McDermott stated that if new information is forthcoming after the meeting, this ordinance may be amended to incorporate that information. Motion carried by Roll Call vote – 6/0.

Clerk Sweeney declared that this will be known as ORDINANCE 11-56-O.

20. Ald. Pondelicek sought consideration of a contract entitled, Legal Services Continuation Agreement. Ald. McDermott moved to adopt the ordinance as presented, seconded by Ald. Michalczyk, to approve the Legal Services Continuation Agreement with Raysa & Zimmerman, LLC and to authorize the Mayor to sign, and the City Clerk to attest the Mayor’s signature upon that contract document as presented. Mayor Krzeminski stated that Council chooses to enter into legal services with an attorney not selected or appointed by the Mayor; that is not appropriate. Ald. McDermott clarified the fact that nothing in the agreement reduces the Mayor’s authority to recommend an attorney for legal services. Mayor Krzeminski stated that the City has not had an agreement for the last four years. Motion carried by Roll Call vote – 6/0.

21. Ald. Pondelicek sought consideration of an Ordinance Amending the Rules and Procedures of the Corporate Authorities of the City of Countryside. Ald. Von Drasek moved to adopt the ordinance as presented, seconded by Ald. Michalczyk and carried by Roll Call vote – 6/0.

Clerk Sweeney declared that this will be known as ORDINANCE 11-57-O.

22. BUSINESS LICENSE COMMITTEE – ALD. PONDELICEK, CHAIRMAN, presented a continued matter from the 8-24-11 meeting – Application for a general business license from TRIPLE A SERVICES, INC., to operate a food dispensing vehicle. Applicant: Erendira Zavala – approval contingent upon a successful inspection by the Public Health Officer. The inspection should be completed early next week.

Ald. Straza has some concerns about this entity coming into the City. They had no intention of becoming licensed; their corporate offices are in the City of Chicago and will provide no tax benefit to the City of Countryside. Ald. Straza moved to not approve this request. Treas. Jasinski asked whether a fee in lieu of sales tax revenue was discussed. Mayor Krzeminski agreed. Ald. Pondelicek suggested tabling this matter to the next meeting. Ald. Straza will not be present at that meeting but is opposed to this matter. Ald. Pondelicek moved to table this matter to the next meeting, seconded by Ald. Jasinski and carried unanimously.

23. Ald. Pondelicek sought consideration of amending the business license code to create a yearly license to conduct auctions on a regular schedule. This request was from a new business in the City that is struggling; they seek a portion of their business dedicated to auctions to supplement the business income and bring tax revenue to the City. Ald. Straza asked whether an auctioneer licensed by the State of Illinois will hold the auctions. Ms. Lori Shelton, owner of WHAT A DEAL, 9930 W. 55^th St. stated that her auctioneers are licensed by the State. They will hold retail auctions open to the public, estate sales, antique auctions and fine art; she hopes to generate additional revenue. Ald. Pondelicek moved to amend the Code to allow auction use, seconded by Ald. Straza and carried by Roll Call vote – 6/0.

Clerk Sweeney declared that this will be known as ORDINANCE 11-58-O.

24. Ald. Pondelicek presented the request of What A Deal!, 9930 W. 55^th St., requesting a yearly license to conduct auctions on a regular schedule. Ald. McDermott moved to approve, seconded by Ald. Von Drasek and carried unanimously.

25. INFRASTRUCTURE COMMITTEE – ALD. MICHALCZYK, CHAIRMAN, sought Council authorization to purchase a 2012 International 7400 Dump Truck with Plow and Salt Spreader through the State Purchasing Program. The current truck has been in use for 25 years; the funds are in the budget. The DPW has done a great job for the City. Ald. Straza moved to approve the purchase, seconded by Ald. Jasinski and carried unanimously.

26. Ald. McDermott stated that there will be an Economic Development Committee meeting on Tuesday September, 20, 2011 at 5:30 p.m. to discuss the City Center Development; he encouraged all residents to attend.

27. Ald. Jasinski stated that there will be a Recreation Committee Meeting on Wednesday, September 28 at 6 p.m. before the City Council Meeting; he encouraged everyone’s attendance. They will discuss the Summer Concert Series, Ideal Park update, draft contract with YMCA, the Beautification Committee and other matters.

LEGAL REPORT

28. City Attorney Peck seeks authorization to execute the general Release of Lien to The Landscape Contractor, LLC, for $1,524.52 upon services rendered at the public improvement known as LaGrange Road, Countryside. The City contracted with H & H Electric for work on LaGrange Road; H & H subcontracted with The Landscape Contractor. Some money was due and owing from H & H to The Landscape Contractor for work done and the additions requested . H & H did not pay the subcontractor, so the sub placed a lien on monies going to H & H. The general release resolves those issues and is a product of negotiations from $3,000 to $1,524.42. City Eng. Fitzgerald stated that this relates to the street light and streetscape work done last year on LaGrange Road. Money is still held by the City payable to H & H. Ald. Straza moved to approve authorizing execution of the general Release of Lien, seconded by Ald. Von Drasek and carried by Roll Call vote – 6/0.

STAFF REPORTS

29. City Engineer Fitzgerald presented the recommendation to approve change order #1 to the 2011 MFT Street Rehabilitation Project for $30,156.40. This regards the drainage problem on 67^th St.; it requires a manhole over a 42 storm sewer and extending it 70 feet. Water freezes on the street in winter causing unsafe driving conditions and roadway pavement deterioration. Mr. Fitzgerald recommends adding this work to the above ongoing project. Ms. Peterson stated that the city will not exceed its budget with this addition. Ald. Von Drasek moved to approve, seconded by Ald. Michalczyk and carried unanimously.

30. City Engineer Fitzgerald requests waiving the formal bid process in lieu of soliciting proposals for Phase 1 site improvements to the City Center Ddevelopment due to time contingencies placed upon the City by Harley Davidson. They want to open in Spring and therefore Phase 1 must be completed this year.There is no time to bid this development. They are planning to use the open book format type bid – they hope to get four general contractors to bid on the overall development and require them to provide three bids for each trade – earth excavation, underground utilities, sewer & water, concrete sidewalks and curbs for the islands, landscaping, electrician – etc. – get three bids for each trade, bidding on a cost basis; the City will evaluate the bids in their entirety and add g.c. fee. This will ultimately be the same as the public bidding process but the City doesn’t have time to advertise and wait for two weeks, etc. Ald. McDermott moved to waive the formal bid process in lieu of soliciting proposals for the Phase 1 site improvements as stated above by Mr. Fitzgerald, seconded by Ald. Straza.

31. Mr. Bruce Schwartz, 10840 Crestview, asked about work left in Phase 2. Mr. Fitzgerald stated that Phase 1 covers the common areas, most underground utilities, all parking lots and building pads. The City will develop the job to the pad-ready stage. Mr. Fitzgerald will formally present this plan on Tuesday evening. Phase 2 has the pads for the four sites along LaGrange Road and one site on Joliet Road ready. The City will award the contract based on best value for the City – the lowest qualified bidder who gets the job done in a timely manner -price will be an important factor. There will be no negotiation after bids are opened. Mr. Peck stated that technically these are not bids; discrepancies may be clarified but no changes made to figures after submission.

31A. Mr. Fitzgerald will run a bid tabulation to evaluate all bids and make a recommendation to Council. Mayor Krzeminski stated that all general contractors should be present at an open meeting where bids will be reviewed and fully discussed; the City will consider the best value and timing. Ald. Straza stated that transparency and timeliness with Harley Davidson contingencies are paramount. Mr. Schwartz hopes the City will consider local contractors. The Mayor assured him that all contractors are on an equal footing. Ms. Paul stated that due to the tight time frame, a schedule will be set up next Tuesday and a Special City Council meeting may be required. Mr. Fitzgerald reiterated that there will be 3-4 general contractors with three bids for each discipline and an open book proposal presented to the City, their fee is included at the end. The above Motion passed by Roll Call vote – 6/0.

32. Mr. Fitzgerald provided an update on paving of Lorraine Drive and Merry Court today; they need to fix a few driveways and do some landscaping for completion. Ald. Von Drasek stated that residents who contacted him were pleased with the results.

33. Asst. City Admin. Ms. Peterson sought consideration of a Parking License Agreement with Flying High Sports & Recreation Center re: the parking lot at the NE corner of 55^th St. and East Avenue. They are looking to expand their parking but in the meantime request the use of the City-owned lot on a semi-permanent basis for about six months. The City has entered into Parking Agreements in the past with Ideal School, Time Out and Helping Hand. This Parking Agreement is similar to the one used for Ideal School with a fee of $1.00. Ald. McDermott moved to approve the Parking Agreement, seconded by Ald. Jasinski and carried unanimously.

34. Ms. Peterson sought consideration of an Intergovernmental Agreement between Lyons Township and the City of Countryside for improvements to Ideal School Park. There has been some delay in Township participation. Atty. Peck reviewed and approved the document which is ready for Council approval. Ald. Von Drasek moved to approve the IGA between Lyons Township and the City of Countryside, seconded by Ald. Pondelicek and carried unanimously. Ms. Peterson stated that construction issues will be addressed at an on-site meeting tomorrow with Frank Salerno, a consultant for the Township, to review the status of the project. The City has purchased tennis nets, etc. Their attorney will speak to the contractor regarding his lack of performance delay.

35. ESDA Coordinator Mr. Norman stated that bids will be publicly posted for ESDA roof replacement in print media and on the City’s web site tomorrow.

ADJOURNMENT

36. There being no further business to discuss, Ald. McDermott moved to adjourn to Executive Session under Section 2Ah of the Open Meetings Act for the purpose of discussing litigation, seconded by Ald. Straza and carried by Roll Call vote – 6/0.

Mayor Krzeminski declared the meeting adjourned at 8:30 p.m.

SHARON SWEENEY, CITY CLERK