MINUTES OF A REGULAR MEETING
CITY COUNCIL OF THE CITY OF COUNTRYSIDE, ILLINOIS
HELD IN THE COUNCIL CHAMBERS ON WEDNESDAY, SEPTEMBER 28, 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 .

ABSENT: Ald. Wayne Straza

ALSO PRESENT: City Clerk Sweeney, City Treasurer Jasinski, City Atty. Peck, City Admin. Paul, Police Chief Ruth, Asst. Admin. Peterson, City Eng. Fitzgerald, Fin. Dir. Drazner, CDP Swanson, ESDA Crd. Norman, PC/ZBA Member Benson, Police Bd. Chrm. Welch, Meb. Musillami, Elec. Insp. Sweeney.

2. APPROVAL OF MINUTES: September 14, 2011.

3. STATEMENT OF BILLS through September 14, 2011; $105,796.78.

4. TREASURER’S REPORT for month ending August 31, 2011 (previously distributed).

5. Application from Jim Taylor for a special use request to hold a Postcard Show at Local 150 on November 4-5, 2011.

6. Application from Mainstreet Wines & Spirits, 5425 S. LaGrange Road, to hold a Wine and Food Tasting and Pairing Seminar at the William Tell on November 6, 2011 from 11:30 a.m. to 5 p.m.

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

ADDITIONS TO AND /OR DELETIONS FROM THE AGENDA

8. Treasurer Jasinski deleted Item F under Finance Comm. – Ad for Community Nurse. Ald. Pondelicek deleted item H – Triple A failed to complete their business license. Mayor Krzeminski has a number of items deleted.

QUESTIONS AND/OR COMMENTS FROM THE AUDIENCE

9. Frank Zickus, 7375 Prescott, noted the recent burglaries in the immediate area but complimented the Police Department for their quick response and follow-up.

He praised the DPW for doing a great job in repairing potholes on Prescott Road and asked about resurfacing Prescott and 5^th Ave. Cutoff. CDP Mr. Swanson received a sub-recipient agreement from the County today for $115,000 to resurface Prescott Road in Ward 2. The City was not awarded the grant that was applied for last year; this is the second grant application. City. Eng. Fitzgerald stated that 5^th Ave. Cutoff is not the City’s jurisdiction. The City has requested that Cook County look at the road; the parties will meet at the site next week to review the area. The County will assess what year funds will be available for resurfacing 5^th Ave. Cutoff. Mr. Zickus thanked Staff for the positive responses.

MAYOR’S REPORT

10. Mayor Krzeminski read aloud the Proclamation acknowledging the Brainard Avenue Baptist Church celebrating their 50^th ANNIVERSARY on October 1, 2011. Mayor Krzeminski signed the Proclamation and will be presenting it to the church at a celebration commemorating the event that will take place this weekend.

11. Mayor Krzeminski stated that he received a letter from the Y-ME Organization thanking the City for the donation of $1,396.25 from the Concerts in the Park – thanks to Westfield Ford donating the scooters for the raffle.

12. The City received a letter from IDNR re: the OSLAD grant for the Park in Ward 3. This letter will go to Ms. Paul; the City must make its presentation on October 27, 2011 as to the merits of this particular grant. The Mayor congratulated Ms. Peterson on doing a good job; only 65 communities from the entire state are asked to make presentations.

13. Mayor Krzeminski advised Council members that he is vetoing the actions taken at the last meeting; he distributed explanatory packets to Council Members re: the Ordinance of the City Council Re: Office of City Attorney and Ordinance Amending Rules and Procedures of the Corporate Authorities. Officers are appointed by the Mayor and no contract can be entered into prior to appointment of the officers. A Home Rule municipality does not have the power to make significant changes to the powers between the Executive branch (Mayor) and Legislative branch (Aldermen) of Municipal government. That change could be accomplished through Referendum. Ald. McDermott stated that via statute these items are automatically put on the next agenda for reconsideration. Atty. Peck agreed. Ald. McDermott will reserve further comment until that time. Mayor Krzeminski stated that State Statutes cannot be bypassed; it is a violation of State law.

14. Mayor Krzeminski stated that he attended the three-day Illinois Municipal League Conference and learned a lot. A new State Law went into effect 1-1-11 re: the Open Meetings Act requiring all elected and appointed officials to pass a State-sponsored electronic training class and receive official State certification prior to 12-31-12. Official appointments made after 1-1-12 will have 90 days to become certified – all part of the Roberts Rules of Order along with several other changes.

15. Consideration of approving the registration fee of $255 for Ald. Jasinski, Adm. Paul and Mayor Krzeminski to attend the ICSC Convention on October 5-6, 2011 in Chicago. Ald. Jasinski moved to approve, seconded by Ald. Pondelicek and carried by Roll Call vote – 5/0/1.

16. Confirmation of Appointments: Scott Musillami, Police & Fire Board, term to expire 5-1-14. Planning & Zoning Board: Robert Lube and new appointee, Bryon Bednar, terms to expire 5-1-15. Mayor Krzeminski asked for comments prior to removing this item from the agenda. Ald. Michalczyk moved to endorse any persons employed or appointed to a Board or Commission involving Countryside business be subjected to a background check, seconded by Ald. Pondelicek. Mayor Krzeminski stated that present City forms must be changed for appointments and reappointments; at present they only seek volunteers. He asked Police Chief Ruth for an opinion.

17. Chief Ruth asked whether the City will be checking criminal as well as civil violations? Parameters have to be set; what is the criteria? There are different levels of investigation. Does it include fingerprint check; what is the threshold – are felonies or misdemeanors included? The Mayor suggested that this matter be sent to the HR committee for setting parameters. The information would come to the Mayor from the Police Chief. Ald. Michalczyk withdrew her previous motion, Ald. Pondelicek withdrew his second. Mayor Krzeminski removed the Confirmation of Appointments item from the agenda until further information is received. Ald. Von Drasek moved to send this matter to the HR Committee to establish parameters for background checks, seconded by Ald. McDermott and carried by Roll Call vote – 5/0/1

COMMITTEE REPORTS

18. ECONOMIC DEVELOPMENT COMMITTEE – ALD. MC DERMOTT, CHAIRMAN, sought consideration of an Ad Hoc Committee to Develop Architectural and Landscaping Guidelines for the Development Area and recommended appointments. Ald. McDermott listed the committee members with Ald. McDermott as Chairman, Sharon Peterson; Mark Burdette – Ward 1; Mary Jo Ramicone – Ward 3; Marc LeCroix – CBA ; Pat Schwartz – Ward 2 – these are only recommended appointments – not a formal committee, Commission or Board. Mayor Krzeminski stated that it is still City business. Ald. McDermott moved to approve, seconded by Ald. Von Drasek and carried by voice vote.

19. RECREATION COMMITTEE – ALD JASINSKI, CHAIRMAN, presented the recommendations from the Committee meeting held earlier this evening re: consideration of any changes to the Pool Reimbursement Program Policy. Residents need a letter from the pool stating that their membership was cancelled; it will not be reimbursed until after Labor Day. Ald. Von Drasek moved to approve the changes as presented, seconded by Ald. Pondelicek and carried by Roll Call vote – 5/0/1.

20. Consideration of donating a balance beam to Flying High Sports & Recreation Center. Ald. McDermott moved to approve, seconded by Ald. Pondelicek and carried unanimously.

21. Consideration of renewing Basketball Contract with the YMCA. Ald. Von Drasek moved to approve, seconded by Ald. Pondelicek and carried unanimously.

22. Approval of the Children’s Christmas Party – expenses capped at $8,800 on December 3, 2011, 10:30 a.m. to 12:30 p.m. at the William Tell. Ald. Von Drasek moved to approve, seconded by Ald. McDermott and carried unanimously.

23. FINANCE COMMITTEE – TREASURER JASINSKI, CHAIRMAN, presented recommendations from the Committee meeting held yesterday evening, to consider sponsoring a Thanksgiving Dinner to Needy Countryside Residents who are struggling – to be held at the William Tell for up to 300 people. This room may be used as a gathering point for Staff members and volunteers to put together baskets of donated food and other items. Mayor Krzeminski stated that there will be drop boxes in various locations throughout the City for food donations, etc.

24. Ald. Von Drasek thanked Westfield Ford for their donation of the scooters to make the raffle for the Y-ME Organization possible. The Concert Series was a great success due to outstanding sponsorship and staff.

25. Aging Well will hold its annual Leaf Raking Program on Saturday, November 6; volunteers are needed to help with the work.

26. Ald. Von Drasek asked the CBA to try to get more businesses involved with a Senior Citizen Discount Day. There is a sizable list of participants In LaGrange and LaGrange Park; we hope to do the same thing here.

LEGAL REPORT

27. Draft ordinance establishing Policy and Rules for Issuance of Licenses, Certificates and/or Permits regarding payments of unpaid charges and assessments.

Prior to the issuance of any license certificate or permit, the City Clerk shall ascertain that there are no unpaid charges for water service, other municipal fees, fines, judgments, levies or debts past due and unpaid. No permits shall be issued until all debts owed to the City are paid. Ald. Von Drasek moved to adopt the Ordinance as presented, seconded by Ald. Jasinski and carried by Roll Call vote – 5/0/1.

Clerk Sweeney decalred that this will be known as ORDINANCE 11-59-O.

28. Atty. Peck presented the PC/ZBA recommendation approving a variance to allow a structure in the front yard setback and Plan/ZBA recommendation approving a building variance to permit additional time for an existing gravel driveway to be paved within six months or June 30, 2012, at 6705 Willow Springs Road. John Meiszner appeared at the hearing held on September 6, 2011, and sought a zoning variation to permit construction of a detached garage with a front yard setback of 12.5 feet instead of the required 30 feet on 67^th St; he is on a corner lot and technically has two front yards. The PC/ZBA found that the applicant did meet all requirements for a zoning variance. The PC/ZBA recommended approval of a variance subject to the following conditions: that the applicant must improve his existing gravel driveway by paving it by June 30, 2012; that the applicant remove the existing garage and fill the removal site with dirt and grass; that the construction be subject to all applicable codes and ordinances of the City of Countryside. Ald. Von Drasek moved to concur with the PC/ZBA, seconded by Ald. Michalczyk and carried by Roll Call vote – 5/0/1.

Clerk Sweeney declared that this will be known as ORDINANCE 11-60-O.

29. Atty. Peck presented the PC/ZBA recommendation denying a zoning variation to allow an accessory shed not built according to approved plans at 5750 Longview Drive. Alan Gonzalez appeared before the PC/ZBA on September 6, 2011, seeking a variation to an already-constructed accessory shed with a side yard and back yard setback of 3’9 instead of the required 5 feet upon the real estate at 5750 Longview Drive. The PC/ZBA heard all the testimony and evidence and found that the applicant did not meet the requirements for such variation. In addition, there were objections to the requested variation with concerns that the structure would disturb an adjacent fence. It was the PC/ZBA recommendation to deny that variation. Ald. Jasinski moved to concur with the PC/ZBA, seconded by Ald. McDermott and carried by Roll Call vote – 5/0/1.

30. Atty. Peck presented the request from Mr. Jim Arce (Tavern on LaGrange) for an additional 30-day extension of Ordinance 10-53-O. Atty. Peck provided some past history regarding the basement banquet facility. CDP Mr. Swanson stated that he has not even picked up his building permit; this request goes back to March. Ald. McDermott stated that many businesses are struggling; granting one more extension has no economic impact to the City. Mayor Krzeminski stated that the City has been very lenient to Mr. Arce and made all the accommodations requested. Ald. McDermott moved to approve one more extension, seconded by Ald. Pondelicek and carried by Roll Call vote – 4/1/1. Ald. Michalczyk and Mayor Krzeminski opposed.

STAFF REPORTS

31. Police Chief Ruth stated that the Illinois Liquor Control Commission has awarded the Countryside Police Department a grant totaling $1,870 for the FY 2012 Tobacco Enforcement Program. The purpose of this program is to educate the City’s tobacco retailers about State law and City Ordinances pertaining to the sale of tobacco products. Random and unannounced visits are done three times yearly.

32. The second grant is the Sustained Traffic Enforcement (STEP) Grant in the amount of $27,098 from IDOT. This is the 7^th year that the Department has been awarded the grant. The purpose of this grant is to make roads a safer place, identify impaired drivers – DUIs – to insure occupant protection – seat belt enforcement. There are 12 safety campaigns, usually done in conjunction with a holiday.

33. The Citizen’s Police Academy is in week 5. The response from the police officers and the community is positively overwhelming. Chief Ruth invited City Council members and the audience in general to attend one of the classes that take place on Thursday evenings from 7-9 p.m.; five weeks remain in the program.

34. Finally, new officer Richard Porcaro, graduated from the Police Academy last Friday, September 23. He currently is working with a training officer so is unable to attend to be congratulated in person tonight. He will be a fine officer. The Mayor congratulated Officer Porcaro on his outstanding training at the Police Academy.

35. City Engineer Fitzgerald presented engineer’s payment estimate #2 to N.F. Demolition, Inc., in the amount of $162,804.94, for services at Joliet & LaGrange Roads. Ald. McDermott moved to approve payment, seconded by Ald. Pondelicek and carried unanimously.

36. Mr. Fitzgerald presented engineer’s payment estimate #1 to Brothers Asphalt Paving, in the amount of $192,707.55, for the 2011 MFT Street Rehabilitation Project. Ald. Michalczyk moved to approve payment, seconded by Ald. Von Drasek and carried unanimously. Mr. Fitzgerald stated that they did the manhole today; restoration will take place next week. The Mayor stated that residents were pleased with the job well done.

37. A quick update on demolition – the commercial work should be completed next week. Demolition on the house in the Triangle Area will begin next Monday.

38. Mr. Fitzgerald stated that the Letter of Map Revision (LOMR) for the Triangle Avea has been prepared and submitted to FEMA. We are in their six-month wait period. FEMA will review the material, and send it back to the City for revision. It will be revised and returned to FEMA a second time – for their second six-month review.

ADJOURNMENT

39. There being no further business to discuss, Mayor Krzeminski sought a motion to adjourn to Executive Session under Section 2Ac and 2Ah of the Open Meetings Act for the purpose of discussing real estate and litigation. 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 8:20 p.m.

SHARON SWEENEY, CITY CLERK