It was moved by Alderman Poteraske and seconded by Alderman Gattuso at 7:00 P.M. to move into Executive Session for the purpose of discussing Litigation as prescribed by Section 2(c)11 and Purchase or Lease of Real Estate as prescribed by Section 2(c)(5) of Public Act 88-261.

Roll Call: Ayes: Biehl, Durkin, Gattuso, Marchese, McIvor, Poteraske, Weaver

Nays: None

Absent: None

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

It was moved by Alderman Poteraske and seconded by Alderman Gattuso at 7:34 P.M. to move into Open Session.

Roll Call: Ayes: Biehl, Durkin, Gattuso, Marchese, McIvor, Poteraske, Weaver

Nays: None

Absent: None

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

Minutes of the Regular Meeting

of the City Council of the

CITY OF DARIEN

APRIL 17, 2006

1. CALL TO ORDER

The regular meeting of the City Council of the City of Darien was called to order at 7:34 P.M. by Mayor Weaver.

2. PLEDGE OF ALLEGIANCE

Mayor Weaver 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 A. Biehl Sylvia McIvor William R. Durkin John F. Poteraske, Jr. Carolyn A. Gattuso Kathleen Moesle Weaver Joseph A. Marchese

Also in Attendance: Kathleen Moesle Weaver, Mayor Joanne F. Coleman, City Clerk Kevin P. Monaghan, City Treasurer John B. Murphey, City Attorney Bryon D. Vana, City Administrator Robert Pavelchik, Chief of Police Daniel Gombac, Director of Community Development/Public Works

Mayor Weaver noted that signs had been posted and asked attendees to turn off their cellular phones because they caused interference while videotaping meetings.

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

5. APPROVAL OF MINUTES – April 3, 2006

It was moved by Alderman Gattuso and seconded by Alderman Poteraske to approve the Minutes of the Regular Meeting of April 3, 2006, as presented.

Roll Call: Ayes: Biehl, Durkin, Gattuso, Marchese, Poteraske, Weaver

Abstain: McIvor

Nays: None

Absent: None

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

6. RECEIVING OF COMMUNICATIONS

Alderman Marchese received… * email from Mark Wojcik of Creekside Lane regarding a power outage on April 2, 2006; he submitted a copy of the email for the record. * phone call from George Hoganson, 1802 Creekside Lane. Mr. Hoganson’s property abuts unincorporated Downers Grove and he asked for City assistance with youngsters congregating and drinking in the area.

Mayor Weaver received… * a note card from Laura Birmingham, Assistant Director at the Indian Prairie Library, which indicated that Rosemarie Courtney made a book donation in honor of the Darien Citizen of the Year Committee. * a letter from Kevin Satler, 7214 Eleanor Place; he suggested issuance of parking permits to residents for parking on streets designated as ‘no parking’ near Hinsdale South High School. She indicated that the Administrative/Finance Committee would review the recommendation.

7. MAYOR’S REPORT

A. MAYORAL PROCLAMATION “OLDER AMERICANS MONTH” (MAY 2006)

Mayor Weaver read the Proclamation and declared the month of May 2006 as “Older Americans Month”; she urged citizens to recognize the importance of older Americans who through their lives appreciate our community and contribute to making Darien a better place to live.

B. COM ED UPDATE

Cornell Barnett commented about the ComEd vehicle that Mr. Wojcik referred to in his email; he indicated that information was dispatched to the driver. He said that he would speak with Customer Service in regard to their response to Mr. Wojcik.

Mr. Barnett addressed Council and referred to the outage report, copy attached hereto. Mayor Weaver noted that there were a lot of equipment failures. There was discussion about monitoring and repairing problems; Council asked that additional information be added to the report for clarification. Alderman Poteraske asked if all claims had been completed/closed; Mr. Barnett said he would obtain and provide detailed information. Alderman Poteraske indicated that ComEd provided staff with the 2005 Annual Report and that staff was working with the City’s consultant to enhance the report; he asked that Mr. Barnett communicate with Adm. Assistant Coren prior to the next Council meeting. Alderman Durkin asked that ComEd analyze the report with Mr. Barnett prior to presentation before Council.

8. CITY CLERK’S REPORT

City Clerk Coleman announced that the Environmental Committee meeting scheduled for April 18th had been cancelled.

9. CITY ADMINISTRATOR’S REPORT

Administrator Vana…

… noted that Consent Agenda Item H had two banks transposed; he provided Council with a corrected Agenda Memo.

Mayor Weaver noted, for the record, that Consent Agenda Item H was moved to New Business as Item A; New Business Items A, B, C, and D were moved to the Consent Agenda as Items L, M, N, and O respectively.

… commented that information was received from the Census Bureau in regard to the Special Census; he stated that the certified totals indicated an additional 755 residents, which brought the City’s population to 23,615. He said that the City would receive an additional $83,000/year based on the current count of $110/citizen for Income Tax, Motor Fuel Tax, and State Use Tax, which would be a net gain of approximately $291,725.

10. DEPARTMENT HEAD REPORT

Community Development/Public Works Director Daniel Gombac…

… noted that Public Works would start monthly brush pickup the week of April 24-28. He said brush pickup was scheduled for the last full week of every month from April through October. He indicated that if anyone wanted wood chips, they should call 852-5000 Extension 206.

… commented that deficient sidewalks were in the process of being marked for replacement; the program would include concrete aprons and curb & gutter, which would allow residents the opportunity to replace driveway aprons at the same unit price offered to the City.

… said that Public Works was in the process of marking roadways for the Road Maintenance Program and selected curb & gutter removal/replacement. Mr. Gombac indicated that roadways were evaluated utilizing a point system. The following roadways were scheduled for resurfacing: Beechnut Lane, Exner Road, Farmingdale Drive from 75th Street to 79th Street, Harvest Place, Hillside Court, Hinsbrook Avenue, Holly Avenue, Ironwood Avenue, Janet Avenue from Rt. 83 to Clarendon Hills Road, Laurel Lane, Richmond Avenue from 67th Street to 72nd Street, Royal Oak Road, Summit Road, Walnut Drive, and Wildwood Court. The Road Maintenance Program would also include a new Crack Fill Program, which would seal cracks within a roadway to preserve the life of the road, which would include: Clarendon Hills Road, Gigi Lane, Bentley Avenue, 69th Street, Abbey Drive, Creekside Lane, Evergreen Lane, Royal Swan Lane, Woodmere Drive, Windsor Drive, Whitlock Drive, Hedgewood Drive, Curran Court, Morgan Court, Windsor Court, Oxford Drive, Oxford Court, and Cameron Court.

… informed Council that IDOT (Illinois Department of Transportation) would resurface North Frontage Road between Cass Avenue & Clarendon Hills Road, which would be completed in October 2006; that IDOT would also follow-up with safety concerns raised by the City for vehicles that exit southbound I-55 onto North Frontage Road between Cass Avenue & Lemont Road.

… indicated that ‘Steak ‘n Shake’ located east of Home Depot on 75th Street was scheduled to open in mid-May.

… announced that on Saturday, May 6th, from 10:00 AM until 2:00 PM, there would be a combined Public Works/Police Department OPEN HOUSE. He said that there would be various demonstrations at both locations. He noted that local food establishments would be on hand offering free lunch and dessert; Home Depot would assist those in attendance by building various wood projects to take home. Director Gombac requested that residents park at Elizabeth Ide School located on Manning Road north of Plainfield Road; Trolley service would be available between the facilities and was donated by the Chamber of Commerce.

11. TREASURER'S REPORT

A. WARRANT NUMBER 05-06-23

It was moved by Alderman Gattuso and seconded by Alderman Poteraske to approve payment of Warrant Number 05-06-23 in the amount of $107,898.44 from the General Fund; $86,651,99 from the Water Fund; $48,320.60 from the Motor Fuel Tax Fund; $2,305.34 from the Darien Area Dispatch Center; $183,124.60 from the General Fund Payroll for the period ending 03/30/06; $19,889.60 from the Water Fund Payroll for the period ending 03/30/06; $20,814.88 from the D.A.D.C. Fund Payroll for the period ending 03/30/06; $210,667.05 from the General Fund Payroll for the period ending 04/13/06; $24,695.09 from the Water Fund Payroll for the period ending 04/13/06; $29,885.44 from the D.A.D.C. Fund Payroll for the period ending 04/13/06; for a total to be approved of $734,253.03. Roll Call: Ayes: Biehl, Durkin, Gattuso, Marchese, McIvor, Poteraske, Weaver

Nays: None

Absent: None

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

B. TREASURER’S MONTHLY REPORT – MARCH 2006

City Treasurer Monaghan reviewed all sources of revenue and expenditures for the month of March 2006 with the following year-to-date fund balances: General Fund $4,485,729; Water Fund $323,162; and Motor Fuel Tax Fund $191,124.

Mayor Weaver noted that there was an item on the Agenda for Depositories for City Funds. Mayor Weaver indicated that the City had a Certificate of Deposit at the Oxford Bank; she asked how the City could have a CD at Oxford Bank since the bank was not an authorized depository. She said that Treasurer Monaghan placed the money there; she asked him what competitive quotes he had received when the Certificate of Deposit was close to rolling over. Treasurer Monaghan stated that he did not get quotes at that time of roll over but when it was first considered, 5 or 6 banks provided quotes. Mayor Weaver indicated that the CD rolled over in August 2005 with Oxford Bank for 2.86% and that he did not receive competitive rates. He indicated that a proposal/system was considered with Oak Brook Bank and Edward Jones for competitive rates; he said the proposal/system went through the Administrative/Finance Committee and it was stalled there. She indicated that Edward Jones would not cooperate and provide the information. He said that Oak Brook Bank did. Mayor Weaver spoke specifically about the roll over at Oxford Bank; he said he was not exactly sure why that happened. Mayor Weaver noted that she asked staff to get rates from August 2005. She indicated that for an 18-month CD at Hinsbrook Bank the rate was 4.35%; State Bank of Countryside had a 13-month CD for 4.25% and an 18-month CD for 3.41%. She said that to roll-over the CD at Oxford Bank was a major mistake.

12. STANDING COMMITTEE REPORTS

Administrative/Finance Committee — Chairman Weaver submitted, for the record, Minutes from the February 13, 2006 and March 13, 2006 meetings.

Planning/Development Committee — Chairman Poteraske announced that the Committee would meet on Monday, April 24th, at 6:30 P.M.

Public Works Water/Streets Committee — Chairman Biehl submitted, for the record, Minutes for the April 3, 2006 Rescheduled Meeting.

13. QUESTIONS AND COMMENTS — AGENDA RELATED

Debby Heniff, 1509 Winterberry Lane, a representative of the Darien Citizen of the Year Committee, addressed Council in regard to the ‘We Care’ donation. She explained that the Committee requested that the money be donated to the ‘We Care’ organization, which was started by JoAnn DiNello, the 2005 Citizen of the Year. The committee was $3,000 under budget for the 2005 Citizen of the Year dinner/dance.

14. OLD BUSINESS

A. CONSIDERATION OF A MOTION TO RESCIND RESOLUTION NO. R-15-06 AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DARIEN AND FIRST CAPITAL EQUIPMENT LEASING CORPORATION

It was moved by Alderman Gattuso and seconded by Alderman Poteraske to rescind Resolution No. R-15-06 authorizing the Mayor and City Clerk to execute an agreement between the City of Darien and First Capital Equipment Leasing Corporation, as presented.

Roll Call: Ayes: Biehl, Durkin, Gattuso, Marchese, McIvor, Poteraske, Weaver

Nays: None

Absent: None

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

15. CONSENT AGENDA

Mayor Weaver indicated that Items A through D should have indicated “…Authorizing the Mayor…”

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

A. RESOLUTION NO. R-16-06 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A CUSTOMER WORK AGREEMENT WITH COMED FOR THE BURIAL OF THE EXISTING OVERHEAD FACILITIES ADJACENT TO THE PROPERTY LOCATED AT 1220 PLAINFIELD ROAD-WATER PLANT TWO

B. RESOLUTION NO. R-17-06 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A CONSTRUCTION INVOICE WITH COMCAST FOR THE BURIAL OF THE EXISTING OVERHEAD FACILITIES ADJACENT TO THE PROPERTY LOCATED AT 1220 PLAINFIELD ROAD-WATER PLANT TWO

C. RESOLUTION NO. R-18-06 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A SPECIAL CONSTRUCTION WORK AGREEMENT WITH AT&T FOR THE BURIAL OF THE EXISTING OVERHEAD FACILITIES ADJACENT TO THE PROPERTY LOCATED AT 1220 PLAINFIELD ROAD-WATER PLANT TWO

D. RESOLUTION NO. R-19-06 A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO APPROVE AN EASEMENT TO COMMONWEALTH EDISON AND AT&T TELEPHONE ACROSS THE PROPERTY LOCATED AT 1220 PLAINFIELD ROAD - WATER PLANT TWO

E. RESOLUTION NO. R-20-06 A RESOLUTION APPROVING EXPENDITURES IN CONJUNCTION WITH THE CITY'S WATER SYSTEM IMPROVEMENTS AND SETTING FORTH THE CITY'S INTENT TO REIMBURSE ITSELF FROM THE PROCEEDS OF A FUTURE BOND ISSUE

F. RESOLUTION NO. R-21-06 A RESOLUTION PROPOSING THE INTENT OF THE CITY OF DARIEN TO PARTICIPATE IN THE DUPAGE COUNTY ON-SITE ASSISTANCE PROGRAM IN THE THIRD QUARTER OF 2007

G. RESOLUTION NO. R-22-06 A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DARIEN AND OAK BROOK BANK

H. RESOLUTION NO. R-23-06 A RESOLUTION AUTHORIZING THE CITY ADMINISTRATOR TO EXECUTE AN AGREEMENT WITH CLARKE MOSQUITO CONTROL TO PROVIDE MOSQUITO CONTROL SERVICES IN 2006

I. RESOLUTION NO. R-24-06 A RESOLUTION APPROVING THE TEMPORARY CONSTRUCTION EASEMENT BETWEEN THE CITY OF DARIEN AND JEMCO & ASSOCIATES

J. CONSIDERATION OF A MOTION TO EXTEND THE JANITORIAL SERVICES AGREEMENT WITH BEST QUALITY CLEANING THROUGH MAY 31, 2007

K. CONSIDERATION OF A MOTION TO APPROVE A REQUEST TO SUPPORT THE "WE CARE" CAUSE BY DONATING ONE THOUSAND DOLLARS IN SUPPLIES AND MAILING SERVICES TO SUPPORT LOCAL TROOPS IN IRAQ

L. RESOLUTION NO. R-25-06 A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN INTERGOVERN-MENTAL AGREEMENT BETWEEN THE CITY OF DARIEN AND THE COUNTY OF DUPAGE FOR MOWING ALONG COUNTY ROAD AND RIGHT OF WAYS

M. CONSIDERATION OF A MOTION TO AUTHORIZE PROCEEDING WITH THE LAUREL LANE ROAD STORM SEWER PROJECT IN AN AMOUNT NOT TO EXCEED $7,310.00

N. CONSIDERATION OF A MOTION TO AUTHORIZE PROCEEDING WITH THE DITCH MAINTENANCE PROJECT ON JANET AVENUE IN AN AMOUNT NOT TO EXCEED $21,500.00 AS APPROVED IN THE FISCAL YEAR 06-07 BUDGET

O. CONSIDERATION OF A MOTION TO AUTHORIZE PROCEEDING WITH ADDITIONAL DRAINAGE IMPROVEMENTS ON JANET AVENUE IN AN AMOUNT NOT TO EXCEED $4,800.00

Roll Call: Ayes: Biehl, Durkin, Gattuso, Marchese, McIvor, Poteraske, Weaver

Nays: None

Absent: None

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

16. NEW BUSINESS

A. CONSIDERATION OF A MOTION TO AUTHORIZE REPUBLIC BANK, FIRST AMERICAN BANK, OAK BROOK BANK, CITIBANK, STATE BANK OF COUNTRYSIDE, OXFORD BANK & TRUST, MIDAMERICA BANK, LEMONT NATIONAL BANK, CITIZEN’S FINANCIAL BANK, AND CHARTER ONE BANK TO BECOME DEPOSITORIES FOR CITY FUNDS

It was moved by Alderman Marchese and seconded by Alderman Poteraske to authorize Republic Bank, First American Bank, Oak Brook Bank, Citibank, State Bank of Countryside, Oxford Bank & Trust, MidAmerica Bank, Lemont National Bank, Citizen’s Financial Bank, and Charter One Bank to Become Depositories for City Funds, as presented.

Mayor Weaver indicated that a card would be received from each bank and that the Mayor, Clerk and Treasurer (all three) would sign the cards authorizing the bank as a depository.

Roll Call: Ayes: Biehl, Durkin, Gattuso, Marchese, McIvor, Poteraske, Weaver

Nays: None

Absent: None

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

17. QUESTIONS, COMMENTS AND ANNOUNCEMENTS — GENERAL

There were no Questions, Comments or Announcements to come before the City Council.

18. ADJOURNMENT

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

VIA VOICE VOTE – MOTION DULY CARRIED

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

jr All supporting documentation and report originals of these minutes are on file in the Office of the City Clerk under File Number 04-17-06.