A PRESENTATION TO REVIEW REFUSE PROPOSALS WAS CALLED TO ORDER AT 7:00 P.M. BY MAYOR CARMEN D. SOLDATO. THE PRESENTATION ENDED AT 7:30 P.M., THEREFORE THE REGULAR WORKSHOP SESSION WAS NOT HELD.

Minutes of the Regular Meeting
of the City Council of the
CITY OF DARIEN
JANUARY 17, 2005

1. CALL TO ORDER

The regular meeting of the City Council of the City of Darien was called to order at 7:30 P.M. by Mayor Carmen D. Soldato.

2. PLEDGE OF ALLEGIANCE

Mayor Soldato led the Council and audience in the Pledge of Allegiance.

3. ROLL CALL — The Roll Call of Aldermen by City Clerk Coleman was as follows:

Present: Richard Biehl Joseph Marchese Morgan Cotten John F. Poteraske, Jr. David Hagen James Tikalsky Kathleen Moesle-Weaver

Also in Attendance: Carmen D. Soldato, Mayor Joanne F. Coleman, City Clerk Kevin P. Monaghan, City Treasurer John B. Murphey, City Attorney Bryon D. Vana, City Administrator David Skala, Deputy Chief of Police Gregory Dreyer, Community Development Director Robert Mengarelli, Asst. Director of Public Works Robert Rodgers, Asst. Director of Public Works

DECLARATION OF A QUORUM — There being seven Aldermen present, Mayor Soldato declared a quorum.

APPROVAL OF MINUTES — December 20, 2004

It was moved by Alderman Biehl and seconded by Alderman Hagen to approve the Minutes of the Regular Meeting of December 20, 2004, as presented. Roll Call: Ayes: Biehl, Cotten, Hagen, Marchese, Poteraske, Weaver

Nays: None

Abstain: Tikalsky

Absent: None

Results: Ayes 7, Nays 0, Absent 0 MOTION DULY CARRIED

6. RECEIVING OF COMMUNICATIONS

Alderman Biehl received an email from Allen Pancner, which he read into the record. Mr. Pancner complimented the new improved ‘STOP’ signs installed at 67th Street & Clarendon Hills Road.

Alderman Poteraske received correspondence from Kris Sant who requested that the City’s cable channel broadcast information on an Indian organization he was familiar with to assist with fund raising efforts for Tsunami disaster relief. Alderman Tikalsky supported the request; he stated that the City did not have a policy for what type of criteria could/should be placed on the cable channel and that something needed to be compiled.

Alderman Weaver was contacted by Mr. Kanis of Willow Lane in regard to obtaining a DSL line through SBC; SBC informed him that he needed to speak with the City. She asked Administrator Vana to follow-up with Mr. Kanis in regard to service.

MAYOR’S REPORT

Mayor Soldato stated that this was the first meeting of the 2005 New Year; he wished everyone a ‘Happy New Year’.

MAYORAL PROCLAMATION “OUR LADY OF MOUNT CARMEL PARISH 35th ANNIVERSARY CELEBRATION” (2005)

Mayor Soldato read the Proclamation and declared the Year 2005 as “Our Lady of Mount Carmel Parish 35th Anniversary Celebration”. On behalf of Our Lady of Mount Carmel parish, Ms. Kathy Abbate accepted and thanked Council for the Proclamation. 2005 CITIZEN OF THE YEAR NOMINATION

Mayor Soldato turned the meeting over to Alderman Weaver; she read, into the record, the Darien Citizen of the Year Committee’s nomination for the 2005 Citizen of the Year, which acknowledged JoAnn DiNello as their choice for the 2005 Citizen of the Year. The recommendation stated: “…JoAnn has served the citizens of Darien for the 35 years …volunteerism includes taking people to their doctor appointments, visiting shut-ins, meeting countless needs of those in need, supplying wheelchairs and walkers through her establishment of the Darien Lending Closet, hosting the homeless, troubled and lonely in her own home for Christmas dinners and currently helping our young men and women in the military who are serving in Iraq in a program she calls “We Care”…JoAnn packs these “share and care” boxes with donations from the community, her own purchases and even homemade cookies…Everything JoAnn has done has been for the pure satisfaction that she receives just by “being there” for any and everyone she hears of that needs a helping hand…JoAnn has been the chairman for the Thanksgiving dinners offered at the Kerry Piper in Willowbrook…about 120 such people are served…DuPage County’s Metropolitan Family Services in the year 2000 awarded their “Gold Leaf Award” for “leadership and excellence in advocating for families in her community”…Nomination letters called JoAnn “a truly wonderful and giving woman,” “a woman who truly makes a difference in our community,” “ a very humble woman,” and one who “never refuses to help anyone in Darien and other nearby towns.”…she quietly says, “I am only doing what we’re all supposed to be doing.”

It was motioned by Alderman Weaver and seconded by Alderman Poteraske to accept the Citizen of the Year Committee’s nomination of JoAnn DiNello as Darien’s 2005 Citizen of the Year.

Roll Call: Ayes: Biehl, Cotten, Hagen, Marchese, Poteraske, Tikalsky, Weaver

Nays: None

Absent: None

Results: Ayes 7, Nays 0, Absent 0 MOTION DULY CARRIED

Alderman Weaver reminded everyone that there would be a Cake and Coffee Reception for JoAnn DiNello on Monday, February 7, 2005, after the City Council Meeting. She announced that the Citizen of the Year Dinner-Dance would be held on Saturday, March 5th at Alpine Banquets.

Mayor Soldato thanked the Committee for their efforts. Committee members in attendance included Debby Heniff, Kathy Abbate, Kathy Lyons and Fran Mazzolini; other members include Joan Graham and David Mendez.

CITY CLERK’S REPORT

Clerk Coleman…

… announced that the Cable Commission meeting scheduled for January 20th had been cancelled.

… commented that January 17th was the first day to file Nomination Petitions for the position of Alderman. Those who filed were: Ward 2-Richard A. Biehl; Ward 3-John F. Poteraske, Jr.; Ward 4-Carolyn A. Gattuso & Joerg Seifert; Ward 5- Joseph A. Marchese; Ward 6-Morgan L. Cotten; and Ward 7-Kathleen A. Weaver. She noted that there would be a lottery on January 28th at 4:00 P.M. in the Council Chambers for ballot position in regard to Ward 4.

9. CITY ADMINISTRATOR’S REPORT

Administrator Vana…

… commented that the DuPage Water Commission awarded a contract to repair the storm sewer under Plainfield Road, which would include relocation of watermain; the work was scheduled to begin in April 2005.

… noted that there was an item on the agenda to direct the City Administrator to prepare waste hauling services contract. He provided background on the current program; citizen survey results indicated a desire to stay with the sticker program; preparation of ‘Request for Proposals’ sent to haulers; and bid opening of four (4) proposals.

10. DEPARTMENT HEAD REPORT

Asst. Director of Public Works Robert Rodgers…

… thanked Council for allowing the mechanic to purchase the mid-welder, which cut time allotted for welding jobs.

… spoke about the new blinking ‘STOP’ signs at 67th Street & Clarendon Hills Road. Administrator Vana interjected that the consultant reviewed the intersection and made recommendations that were approved by Council.

… stated that a meeting was scheduled with Arbor Green in regard to the 2005 tree trimming program.

… commented that the Water Department would conduct another leak survey due to ponding water when weather permitted.

Alderman Weaver inquired about the relocation of the stop bars and noted that the fir tree had been removed at 67th Street & Clarendon Hills Road; Asst. Director Mengarelli stated that the eastbound ‘STOP’ sign was moved approximately ten feet (10’) forward and that stop bars would be painted on the pavement when weather permitted.

11. TREASURER'S REPORT

A. WARRANT NUMBER 04-05-16

It was moved by Alderman Tikalsky and seconded by Alderman Biehl to approve payment of Warrant Number 04-05-16 in the amount of $23,133.19 from the General Fund; $35,645.20 from the Water Fund; $937.65 from the Darien Area Dispatch Fund; $219,702.47 from the General Fund Payroll for the period ending 12/23/04; $22,433.52 from the Water Fund Payroll for the period ending 12/23/04; $25,406.65 from the D.A.D.C. Fund Payroll for the period ending 12/23/04; for a total to be approved of $327,258.68.

Roll Call: Ayes: Biehl, Cotten, Hagen, Marchese, Poteraske, Tikalsky, Weaver

Nays: None

Absent: None

Results: Ayes 7, Nays 0, Absent 0 MOTION DULY CARRIED

B. WARRANT NUMBER 04-05-17

It was moved by Alderman Tikalsky and seconded by Alderman Cotten to approve payment of Warrant Number 04-05-17 in the amount of $285,245.04 from the General Fund; $214,111.03 from the Water Fund; $14,201.55 from the Motor Fuel Tax Fund; $260,995.42 from the Towne Center Tax Fund; $484.66 from the S.S.A. Tax Fund; $2,300.40 from the Darien Area Dispatch Fund; $788.65 from the D.A.R.E. Fund; $210,038.03 from the General Fund Payroll for the period ending 01/06/05; $26,924.52 from the Water Fund Payroll for the period ending 01/06/05; $32,770.82 from the D.A.D.C. Fund Payroll for the period ending 01/06/05; for a total to be approved of $1,047,860.12.

Roll Call: Ayes: Biehl, Cotten, Marchese, Poteraske, Tikalsky, Weaver

Nays: Hagen

Absent: None

Results: Ayes 6, Nays 1, Absent 0 MOTION DULY CARRIED

TREASURER’S MONTHLY REPORT – DECEMBER 2004

City Treasurer Monaghan reviewed all sources of revenue and expenditures for the month of December 2004 with the following year-to-date fund balances: General Fund $2,941,941; Water Fund $389,078; Motor Fuel Tax Fund $410,060 and Darien Towne Centre Sales Tax Fund $263,739.

12. STANDING COMMITTEE REPORTS

Administrative/Finance Committee — Chairman Weaver announced that the first meeting for the Committee-of-the-Whole to review the proposed budget would be on February 23, 2005.

Planning/Development Committee — Chairman Hagen announced that the Committee would meet on January 24th at 6:30 P.M.

Public Works Water/Streets Committee — No report

QUESTIONS AND COMMENTS — AGENDA RELATED

Alderman Tikalsky inquired if Consent Agenda Item C, the sale of personal property, would be auctioned on eBay; Administrator Vana affirmed that the vehicles would be sold on eBay. Alderman Hagen inquired about the other vehicles stored by the City; Administrator Vana replied that the vehicle titles must be awarded to the City by the Courts in order for them to be declared surplus.

14. OLD BUSINESS

There was no Old Business to come before the City Council.

15. CONSENT AGENDA

It was moved by Alderman Marchese and seconded by Alderman Poteraske to approve by Omnibus Vote the following items on the Consent Agenda:

CONSIDERATION OF A MOTION TO AWARD A CONTRACT TO EARTH WERKS FOR THE PHASE 1 OF THE BROOKERIDGE STREAMBANK STABILIZATION PROGRAM IN THE AMOUNT OF $123,550.00

CONSIDERATION OF A MOTION TO APPROVE THE EXPENDITURE OF BUDGETED AND ADDITIONAL FUNDS FOR THE PURCHASE OF ONE (1) LIVESCAN STATION

ORDINANCE NO. O-01-05 AN ORDINANCE AUTHORIZING THE SALE OF PERSONAL PROPERTY OWNED BY THE CITY OF DARIEN

Roll Call: Ayes: Biehl, Cotten, Hagen, Marchese, Poteraske, Tikalsky, Weaver

Nays: None

Absent: None

Results: Ayes 7, Nays 0, Absent 0 MOTION DULY CARRIED

16. NEW BUSINESS

CONSIDERATION OF A MOTION TO AWARD CONTRACT TO ARBOR GREEN, LTD. IN THE AMOUNT OF $33,558.00 FOR THE CITY’S ANNUAL TREE TRIMMING PROGRAM

It was moved by Alderman Biehl and seconded by Alderman Tikalsky to award contract to Arbor Green, Ltd. in the amount of $33,558.00 for the City’s Annual Tree Trimming Program, as presented.

Roll Call: Ayes: Biehl, Cotten, Hagen, Marchese, Poteraske, Tikalsky, Weaver

Nays: None

Absent: None

Results: Ayes 7, Nays 0, Absent 0 MOTION DULY CARRIED

Mayor Soldato inquired if residents would be notified; Administrator Vana responded that they would be notified. The areas designated for tree trimming include Farmingdale Units 5, 6, 7, 8, & 9, Downers Fairview and Darien Club, which are north of 75th Street between Cass & Fairview Avenues.

CONSIDERATION OF A MOTION TO DIRECT CITY ADMINISTRATOR TO PREPARE WASTE HAULING SERVICES CONTRACT WITH ARC DISPOSAL FOR FOUR-YEAR TERM WITH TWO-YEAR EXTENSION OPTION

It was moved by Alderman Weaver and seconded by Alderman Poteraske to direct City Administrator to prepare Waste Hauling Services Contract with Arc Disposal for four-year term with two-year extension option, as presented.

Alderman Tikalsky was concerned about signing a four-year contract with a new hauler; he stated that BFI provided exceptional service. He stated that he would consider a one-year contract with two (2) extensions to make sure that service was appropriate. Alderman Weaver said that the language contained within the contract provided the City with that option. Administrator Vana noted that a multi-year contract would benefit the residents; he said that references received were favorable.

Mayor Soldato stated that there was a reduction in the sticker cost from one provider measured against the others and an amnesty day was also included. He commented that BFI was the City’s provider for a long time and that Council’s obligation to residents was to obtain the best service at the lowest cost. He noted that if service was or became poor, it would be a breach of contract.

Administrator Vana quoted the sticker prices of the potential providers for comparison: Onyx and Arc were $1.92, BFI was $2.47, and Waste Management was $2.65.

Alderman Hagen agreed that Arc appeared to be the best provider due to sticker costs, amnesty day, and leaf pickup.

There was discussion about a proposed amnesty day pickup. Alderman Poteraske noted that Arc said they would purchase new trucks to service Darien. Administrator Vana commented that the current system would stay in effect until the current contract expired on April 1, 2005; residents would receive information about the new hauler/contract.

Roll Call: Ayes: Biehl, Cotten, Hagen, Marchese, Poteraske, Tikalsky, Weaver

Nays: None

Absent: None

Results: Ayes 7, Nays 0, Absent 0 MOTION DULY CARRIED

CONSIDERATION OF A MOTION TO APPROVE A RESOLUTION DECLARING A DEFAULT AND DEMANDING PAYMENT UNDER A CERTAIN LETTER OF CREDIT (MARKETPLACE AT DARIEN/BANK ONE, N.A.)

It was moved by Alderman Tikalsky and seconded by Alderman Poteraske to approve

ORDINANCE NO. O-01-05 A RESOLUTION DECLARING A DEFAULT AND DEMANDING PAYMENT UNDER A CERTAIN LETTER OF CREDIT (MARKETPLACE AT DARIEN/BANK ONE, N.A.) as presented.

Roll Call: Ayes: Biehl, Cotten, Hagen, Marchese, Poteraske, Tikalsky, Weaver

Nays: None

Absent: None

Results: Ayes 7, Nays 0, Absent 0 MOTION DULY CARRIED

17. QUESTIONS, COMMENTS AND ANNOUNCEMENTS — GENERAL

Alderman Marchese thanked Council on behalf of Brookeridge Creek area residents for approval of the contract with Earth Werks for Phase 1 of the Streambank Stabilization Program.

Alderman Tikalsky: asked for an update on the status of the Gallagher & Henry Farmingdale property; Attorney Murphey said they were negotiating with the City and that Gallagher & Henry still owned the lots. announced that the Darien Historical Society’s Sunday Dinner would take place on January 30th from 1-4:00 P.M.; tickets were $25.00 per person; the event would be at the Millennium Char House, formerly Ripples; and the speaker would be Clifton Daniels, grandson of Harry Truman. thanked the accounting department for providing W-2s early. announced that the Darien Lions Club would host an annual Blood Drive on February 15th from 4:30-8:00 P.M. at Lace School. requested residents to donate old unused cellular phones to the Darien Lions Club that would be recycled. Phones could be dropped off at the Jewel in the eyeglass depositories.

Greg Stobbe, 8428 Creekside Lane, thanked Council for approval of the Streambank Stabilization Project. He questioned Administrator Vana about the timeline for the project. Administrator Vana responded that the contract documents needed to be finalized and that a meeting with the City’s engineer would be scheduled to develop a construction time frame. He indicated that a meeting would also be scheduled with the affected residents who resided along the creek.

18. ADJOURNMENT

There being no further business to come before the City Council, it was moved by Alderman Marchese and seconded by Alderman Tikalsky to adjourn.

VIA VOICE VOTE – MOTION DULY CARRIED

The City Council meeting adjourned at 8:35 P.M.

Mayor ________________________________ City Clerk JFC/jr All supporting documentation and report originals of these minutes are on file in the Office of the City Clerk under File Number 01-17-05. Minutes of 01-17-05 CCM