MINUTES
City Council, City of Countryside
Regular Meeting
5550 East Avenue
City Hall, Council Chambers
Wednesday, September 26, 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, City Atty. Stein.

APPROVAL OF MINUTES

1. Regular City Council Meeting, September 12, 2012. Ald. McDermott added a sentence to item #26 after the second sentence to read, Ald. McDermott stated that he previously moved to negotiate the item and that a final vote will occur after the special meeting. Ald. Von Drasek moved to approve the minutes with that correction, seconded by Ald. Musillami and carried unanimously.

OMNIBUS AGENDA

2. Statement of Bills submitted for payment through September 12, 2012: $360,549.23. Ald. McDermott moved to approve the Omnibus Agenda as presented, seconded by Ald. Michalczyk and carried unanimously.

COMMUNICATIONS FROM THE PUBLIC

3. Victoria Ganz, 10221 – 5^thAve. Cutoff sought an explanation of the Mayor Pro Tem Ordinance. Mayor Krzeminski stated that Council decided to change the ordinance to include a permanent Mayor Pro Tem anytime his presence is required. She doesn’t understand the difference. Atty. Peck stated if there is a Mayor Pro Tem already appointed, that person would chair the City Council meeting. The Mayor Pro Tem has the ability to act as the Mayor if the Mayor is unreachable. In the event of a tornado emergency where the Mayor is unreachable, Mayor Krzeminski stated that the Emergency Operating Plan created seven years ago delineates the line of succession as the City Administrator, the Police Chief and ESDA Director Norman. There has been no court ruling defining incapacitated. Ms. Ganz thanked them for the information.

4. Ed Pilarski, 10734 Maplewood Road, thanked City Council for adopting the electric aggregation ordinance that is finally decreasing the utility bill by 25-30%.

5. Pete Balderes, Illiinois FOP Labor Council, representing the Dispatchers, has questions re: Chief Ruth’s PowerPoint presentation and Ms. Paul’s cost savings figures. Mayor Krzeminski stated that the meeting provided full disclosure for three hours. Mr. Balderes would like to get more information. Mayor Krzeminski suggested that he contact Chief Ruth by email tomorrow; the Chief will respond.

6. Fred Ingleesman, 6700 Brainard, asked whether comments re: the dispatch situation will be entertained tonight. He read from a statement re: his meeting with the Lyons Commander in charge of the radio band. He stated there was a major fix to the system in 2011 and noted detailed explanation re: wiring, maintenance, etc. The commander was unaware and never contacted regarding dead zone problems in Countryside. He suggested amplifiers be placed on buildings three stories and higher; has the City ever looked into that? He stated that three tests done with the UHF system had no transmission on Net 9 or Net 7 in the basement of the Holiday Inn. The VHF radios were able to receive and send transmissions in the basement. The SWCD band could not be reached from the third floor either; the VHF radios were able to do so. Why is the City severing the dispatch service that has performed so well for the City and going to an imperfect system with inferior service? SWCD officers use radios equipped with an orange emergency button that emits an audible alarm when the button is pressed; SW is supposed to check on the officers immediately. In a final test two IHP officers pressed the emergency button, the alarm sounded and no one from SWCD checked on them. The Mayor thanked him for the information.

7. Barbara Gleespen, 5416 – 7^thAvenue, is against outsourcing; she also read a statement and noted that the contract is inevitable; the City should explore other options. She provided detailed information re: City savings and resident cost. She is concerned with the City being on a different radio band than surrounding towns which will affect backup services. The City is faced with a grave decision; further investigation is needed.

8. Jerrie Sobe, 5605 Kensington, if an officer hits the panic button referred to earlier and gets no response what happens? If that officer gets shot, maimed or killed, who is liable? She addressed the question to the six Aldermen and the attorney. No response. Is that how the City responds to a dead police officer? Mayor Krzeminski cannot legally say where the responsibility lies; it would have to be determined through negotiations. He noted that the City was presented with a petition from the Countryside Seniors Apartment opposing outsourcing to SWCD presented by Carol Ann Pardo. After attending the meeting last week with additional information provided, 24 of the 51 signatures on the petition have now been deleted.

MAYOR’S REPORT

9. Presentation of Retirement Watch to Officer Ernest Millsap, 25 years on the Police Department. Mayor Krzeminski stated that Officer Millsap was unable to attend tonight’s meeting; the presentation will be made at the next Council Meeting.

10. Mayor Krzeminski stated that he is vetoing the Mayor Pro Tem Ordinance No. 12-54-O passed by the City Council at the last meeting for the reasons listed below:

1. The existing ordinance is worded correctly, according to the State Constitution.
2. Any Mayor is able to be reached electronically by the Internet or by a City cell phone assigned to him/her (which I elected not to have, saving the City money) or by their personal cell phone.
3. Countryside Emergency Operation Plan addresses who is in charge in case of emergency and the Mayor is not available.
4. The Term of Mayor Pro Tem is incorrect.

CITY CLERK’S REPORT

11. Approval of Executive Session minutes of City Council on 7-11-12. Ald. Musillami moved to approve, seconded by Ald. Michalczyk and carried by Roll Call vote – 6/0.

TREASURER’S REPORT

12. Approval of the Treasurer’s Report for the period ended August 31, 2012.

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

13. Police Committee – Alderman Pondelicek presented the recommendation to begin preliminary discussions with Southwest Central Dispatch regarding centralized dispatch. Ald. Michalczyk moved to approve, seconded by Ald. Jasinski and carried by Roll Call vote – 6/0. For the record, Mayor Krzeminski stated his opposition to the proposal and will call a Special Meeting to discuss the outcome of negotiations. The meeting will be scheduled at least a week in advance of any vote.

14. Finance Committee – Treasurer Jasinski presented the recommendation to approve the Debt Recovery Program – in an effort to collect outstanding vendor contracts, lottery winnings, etc. Ald. McDermott moved to concur with the recommendation, seconded by Ald. Jasinski and carried by Roll Call vote – 6/0. Finance director Drazner stated that the amount is roughly $5,000 per month. The City would save 33% of the amount collected through the program or $1,500 per month.

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

15. License Committee – Alderman Musillami – presented the Status Report on License Applications. Cooper’s Hawk Winery, 5325 9^thAve, additional location.

Caribou Coffee, inside Jewel, 5545 S. Brainard, coffee shop. Special Use requests include: Unique Events, for a model car show at Park Place on October 21, 6 am to 4pm; Antique Postcard Show, at the Union Hall, Local #150, Nov. 1-2, 7 am to 6 pm. A Collectibles Show, 6200 Joliet Road held on October 20 from 9 am to 3 pm.

16. Ald. Musillami suggested sending a general letter to residents explaining Web site usage re: meeting dates and agenda for total transparency; Ald. McDermott agreed. Mayor Krzeminski suggested incorporating that request into the next Newsletter scheduled to go out in November rather than sending out a special letter. Ms. Paul stated that the current City Newsletter is at the printer; she will ask the printer to include a one-page insert with that information.

17. Economic Development Committee – Alderman McDermott – Status Report.

The sanitary sewer at Hooter’s was installed and curb work will be completed this week. The Hooter’s closing is scheduled for next week. The City is in the final stages of negotiating the RDA with Shorewood/GMX; the final draft should go to Council for approval at the first Council meeting in October.

18. An EDC Meeting will be scheduled shortly. The City received a proposal for the old hotel site at 57^th& LaGrange Road.

19. Ald. McDermott discussed the draft ordinance prohibiting the sale of tobacco products within 500 feet of a school, under the PC/ZBA agenda. He stated that the language requires further refinement re: specialty tobacco shops receiving 80% of their revenue from tobacco – the matter is tabled for further revision. Council agreed.

20. Plan Commission/Zoning Board of Appeals – City Attorney Peck presented the draft ordinance recommending a fence variance to permit the height to be erected in excess of six feet above ground at 10723 Dawn Ave., F. Holdman. At the hearing held on September 10, 2012, after hearing all the testimony and evidence, the PC/ZBA found that the applicants met all the requirements for said variance and their recommendation was to grant the variance subject to the following conditions – construction and placement to be in compliance with Petitioner’s Exhibit A, and that construction and placement of the posts are acceptable to the Building Commissioner, and that all other regulations and codes be followed. Ald. Von Drasek stated that the fence has been erected but this variance will solve the problem of a large gap between the fence and the ground that constitutes a safety hazard. Ald. Von Drasek moved to concur with the PC/ZBA recommendation, seconded by Ald. Jasinski and carried by Roll Call vote – 6/0.

Clerk Sweeney declared that this will be known as ORDINANCE 12-55-O.

21. Atty. Peck presented the draft ordinance recommending a special use to establish an automobile service use and to establish Car Washes — a car detailing operation as part of the D & B Custom Auto Fitness, LLC business, 9827 W. 55^thSt. At the hearing held on September 10, 2012, the PC/ZBA heard all the testimony and evidence and found that the applicant met all the requirements for the two special uses subject to the following conditions: 1) that the property owner shall construct a sidewalk on 55^thSt. across the front of the property, and 2) the property owner shall place four bike racks in front of Charter Fitness within 60 days of City Council approval; and 3) that the business owner remove the paint spray booth upon issuance of a Certificate of Occupancy, and that all other City requirements be met. Ald. Musillami moved to concur with the recommendation, seconded by Ald. Pondelicek and carried by Roll Call vote – 6/0.

Clerk Sweeney declared that this will be known as ORDINANCE 12-56-O.

22. Atty. Peck presented the draft ordinance recommending a special use to allow Weight Watchers business to exist in which less than 50% of its income is derived from sales – at 114 Countryside Plaza. At the hearing held September 10, 2012, the PC/ZBA heard all the testimony and evidence and it was their recommendation that a special use be granted to the applicant. There were no written or oral objections. The PC/ZBA determined that no PILOT fee is necessary for this location. Ald. McDermott moved to concur, seconded by Ald. Musillami and carried by Roll Call vote – 6/0.

Clerk Sweeney declared that this will be known as ORDINANCE 12-57-O.

23. Atty. Peck presented the draft ordinance recommending creating a Bicycle Parking Ordinance for new commercial and industrial developments. The ordinance sets the number of units required for new commercial developments as follows:

4 bicycle racks up to 10,000 s.f.; 5 bicycle racks up to 20,000 s.f.; 8 bicycle racks up to 50,000 s.f.; 10 bicycle racks for over 50,000 s.f.

This will create a new section in the Zoning Code. Ald. Jasinski moved to concur with the PC/ZBA recommendation, seconded by Ald. Michalczyk and carried by Roll Call vote – 6/0. Ald. McDermott provides his wholehearted support.

Clerk Sweeney declared that this will be known as ORDINANCE 12-58-O.

24. Atty. Peck presented the draft ordinance amending the business regulations to prohibit the sale of tobacco products within 500 feet of a school. This matter is tabled.

25. Recreation Committee – Alderman Jasinski thanked everyone at the CBA for putting on the Harvest Fest last weekend; it was a great event. He thanked all the volunteers; the parents and children all had a great time; thanks for participating.

26. At the Harvest Fest a presentation was made to the Kelli O’Laughlin Family in the amount of $1,220 for a scholarship fund; the presentation was made to the family at 1:00 p.m. on Saturday; the funds came from donations by City residents. Thanks to everyone who participated in any way.

27. Infrastructure Committee – Alderman Michalczyk – no report.

28. Water Committee – Alderman Von Drasek – FYI – stated that during the Havest Fest he spoke with the O’Laughlin family. Two future events, a park dedication for Kelli is slated for the anniversary of her death, October 27; there will be a candlelight vigil with her high school classmates involved; it should be a very moving event; the park is next door to her residence. Please always keep Kelli in your thoughts and prayers; the family stated that the love and support received from the community keeps them going.

29. On November 11 there will be an event at Lyons Township High School. Ald. McDermott and Ald. Von Drasek volunteered to do the benefit run for three miles; all other participants are invited to join them.

30. Human Resource Committee – Alderman Pondelicek – no report.

CITY ATTORNEY’S REPORT – no report

CITY ADMINISTRATOR’S REPORT – no report

STAFF REPORTS

31. City Engineer Fitzgerald presented engineer’s payout for the proposed Site Improvements for Countryside City Center – Phase 2 to Schwartz Excavating, Inc., 7023 Willow Springs Road, #103, Countryside, IL for $61,750.71. Ald. Michalczyk moved to approve, seconded by Ald. Von Drasek and carried unanimously.

32. Mr. Fitzgerald presented engineer’s pay estimate #2 and semi-final for the 2012 Street Rehabilitation Program to Central Blacktop Co., LaGrange, IL, for $411,305.10. Ald. Michalczyk moved to approve, seconded by Ald. Jasinski and carried unanimously. Council members agreed that the company did an excellent job.

BUSINESS FROM THE CITY COUNCIL FOR DISCUSSION, CONSIDERATION AND, IF SO DETERMINED, ACTION UPON:

EXECUTIVE SESSION

33. Mayor Krzeminski stated that executive session was cancelled.

ADJOURMENT

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

Mayor Krzeminski declared the meeting adjourned at 8:20 p.m.

SHARON SWEENEY, CITY CLERK