Minutes of the Regular Meeting. of the City Council of the CITY OF DARIEN JUNE 1, 2009

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A WORK SESSION WAS CALLED TO ORDER AT 7:00 P.M. BY MAYOR WEAVER FOR THE PURPOSE OF REVIEWING ITEMS ON THE JUNE 1, 2009 AGENDA WITH THE CITY COUNCIL. THE WORK SESSION ADJOURNED AT 7:15 P.M. Minutes of the Regular Meeting of the City Council of the CITY OF DARIEN JUNE 1, 2009 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 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 Clerk Coleman was as follows: Present: Halil Avci Joseph A. Marchese John Galan John F. Poteraske, Jr. Carolyn A. Gattuso Ted V. Schauer Absent: Also in Attendance: Sylvia McIvor Kathleen Moesle Weaver, Mayor Joanne F. Coleman, City Clerk Michael J. Coren, City Treasurer Bryon D. Vana, City Administrator Daniel Gombac, Director of Community Development/Municipal Services Robert Pavelchik, Police Chief 4. DECLARATION OF A QUORUM There being six aldermen present, Mayor Weaver declared a quorum. 5. APPROVAL OF MINUTES May 18, 2009 It was moved by Alderman Gattuso and seconded by Alderman Poteraske to approve the minutes of the May 18, 2009 meeting, as presented.

Roll Call: Ayes: Galan, Gattuso, Marchese, Poteraske, Schauer Nays: Abstain: Absent: None Avci McIvor 6. RECEIVING OF COMMUNICATIONS Results: Ayes 6, Nays 0, Absent 1 MOTION DULY CARRIED Alderman Marchese spoke with a group of residents who live in Farmingdale Apartments who inquired as to when Walnut Street will be completed. Director Gombac provided a status update report on the project, and advised that it is anticipated Walnut will be completed by September 1. Administrator Vana added that this project took longer because the street is located in a flood plain. Alderman Galan shared an e-mail he received from Robert E. Hartz of 630 70 th Street concerning damage caused when DuPage County Public Works replaced sections of sewer pipe on the north side of the 600 block of 70 th Street. Mr. Hartz was told by a county worker that the scarred driveway would not be replaced. Director Gombac forwarded Mr. Hartz s e- mail to the Project Manager, Sean Reese. received a call from a resident in the Hinsbrook area reporting the illegal use of fireworks. Chief Pavelchik advised that there is a city ordinance prohibiting the use of fireworks, and encouraged residents to call 911 to report such activities. Mayor Weaver received a letter from JoAnn and Carl DiNello of 7717 Stevens Street expressing appreciation of the excellent service provided by the Public Works Department in regards to a water main break which occurred last December. 2

3 received an e-mail from Joanne Knox expressing her gratitude to the City Council for the recognition given to the Eisenhower Wrestling and the Special Olympic teams. received a letter from State Representative, Patricia R. Bellock advising of the city s right to pass an ordinance prohibiting video poker machines in Darien. Mayor Weaver requested that this issue be sent to the Administrative/Finance Committee for review, discussion, and recommendation. 7. MAYOR S REPORT Lion President Dan Kaminski presented Mayor Weaver and the City Council with a Certificate of Appreciation plaque for all the help and services the city has provided the Lions Club. A. DUPAGE COUNTY BOARD MEMBER DISTRICT THREE REPRESENTATIVE JOHN CURRAN At the city s request, DuPage County Board Member, John Curran, was in attendance to report on a number of county projects. In regards to the 75 th Street project, Mr. Curran advised the county has performed an updated traffic study. The county has made some preliminary design alterations to the original plan to address the updated traffic counts, and to attempt to address city and resident concerns. A staff meeting between the county and city has been scheduled to take place on June 9, 2009 to present the county s preliminary plan. Mr. Curran reviewed the highlights of the preliminary plan. The county is no longer proposing widening of the lanes from Lyman Avenue to Adams Street. It is the county s hope to cut down on the overall footprint of the proposed 75 th Street expansion. In response to the city and resident concerns, the county is also proposing a narrowing of the width of the proposed median to reduce the pedestrian crossing distance. Due to the heavy demand for a right turn going south on Cass, the county is proposing a westbound right turn lane on 75 th Street at Cass Avenue. At the request of the city, the free flow right turn lane at the intersection of Plainfield going westbound on 75 th has been eliminated. The county is now proposing a right turn on signal only at the intersection of Plainfield and 75 th east of Cass Avenue going westbound on 75 th. The county is also attempting to work with Lace Elementary School and Eisenhower Junior High to make sure there is safe access to those facilities. A discussion took place as to whether the public should be invited to the initial staff meeting. Mr. Curran emphasized that the initial meeting on June 9 is to present a very preliminary plan. In response to Alderman Galan, Mr. Curran advised that the county is still considering expansion of 75 th Street from Adams to Plainfield Road, and from Lyman to Lemont. The proposal also adds a third lane in each direction from Woodward Avenue

4 through the Lemont Road intersection. The road would narrow and eventually end as it gets to Lyman. Alderman Avci inquired if the county has performed an environmental study. Mr. Curran did not have that information but will look into it and report back. In response to Alderman Avci s question about funding, Mr. Curran advised that the county has potential funding from the State and Federal governments. In response to Mayor Weaver, Mr. Curran advised that there is no definite date as to when the project will begin. Alderman Galan inquired if the pedestrian overpass at 75 th and Cass is off the table. Mr. Curran responded that although it is not off the table, it is not a part of the county s preliminary plan. Mayor Weaver added that the pedestrian overpass was the city s proposal to the county. Director Gombac confirmed that the city was proposing a pedestrian bridge at 75 th and Cass, as well as ornamental lighting up and down 75 th Street. Alderman Poteraske suggested the county also involve the Darien Historical Society in the process. Alderman Poteraske also requested the county consider expanding the road east of Grant rather than Adams. In response to Alderman Marchese s concerns, Mr. Curran advised that the project in Naperville was more complicated in nature than the proposal for 75 th Street. Further discussion on the pros and cons of inviting the public to the initial staff meeting on June 9 took place. Mr. Curran emphasized that the county is not presenting a final plan at the initial meeting, and that the process normally begins at the staff level. Administrator Vana expressed a desire to keep the residents involved. Mr. Curran advised that before the project moves forward, there will be a public forum. In response to Bonnie Kucera, Mayor Weaver advised that the Norman Court Homeowners Association will not be impacted since the widening of the road will be east of Adams.

Alderman Avci expressed concern with the effect on the residences at the northwest corner of Plainfield and 75 th Street. Mr. Curran advised that, at this point, the plan does not call for widening the roads east of Plainfield Road to Route 83. Director Gombac suggested that individual meetings with homeowner associations and residents be conducted following the preliminary meeting. Resident Arleta Peknik expressed concern with safety issues. Administrator Vana suggested that any residents who are interested in attending the June 9 staff meeting contact him. The meeting will be open to the public. Alderman Gattuso suggested the county might want to consider reducing the size of the medians so as not to take as much shoulder as is being proposed in certain areas. Mayor Weaver informed Mr. Curran that the county does not respond to city staff e-mails. Mayor Weaver advised that the county performed sanitary sewer projects within the City of Darien, and the properties were left in disrepair. The city has not been informed about the restoration schedule. Mr. Curran responded that the county is in the process of performing approximately 200 restoration projects throughout the county. It is staff s anticipation that all the restoration projects will be completed by mid-june. Director Gombac added that concrete restoration began last week. Mr. Curran requested the city contact him when information and responses are not received from county staff. Mr. Curran suggested the city copy him on any e-mails sent to county staff. Mayor Weaver stated that the city has been attempting to obtain water service for the Municipal Services facility on South Frontage Road. Mr. Curran responded that county staff informed him that a request to vacate or deed the water system to the city was received. Director Gombac explained that there is an existing water main which runs along Frontage Road that used to serve a well. The water main is no longer in service. The city 5

would like the water main to be put back in service, introduce Lake Michigan water into that line, and allow the city and the residents along Frontage Road to hook up to water. Director Gombac spoke with Kevin Buoy at DuPage County who advised the county would continue to own and operate the line, and the city would be allowed to hook up. Director Gombac sent Mr. Buoy a confirming e-mail three to four weeks ago, and has received no response. Mr. Curran advised that this is one of the issues the county is prepared to discuss with city staff tomorrow. The county does want to maintain ownership of the water line but would have no problem with Darien making necessary improvements to tap in as a customer to service the Municipal Services building. Mayor Weaver stated that when the city took over the water system, the county agreed to perform testing. To date, the city is unaware of any tests being performed. Mr. Curran advised that since November, the county has tested and replaced over nineteen meters. The county has three more meters scheduled for testing this week. The county is required to test one percent of the meters annually, which equates to fifteen meters a year. It appears that the test results have not been shared with city staff. Mr. Curran will make sure that, in the future, test information is provided to the city. Mayor Weaver thanked Mr. Curran for attending the meeting this evening. Mayor Weaver announced that six weeks ago Mr. Curran became the proud father of his third daughter. Mayor Weaver and the City Council Members congratulated Mr. Curran. Administrator Vana noted that the positive relationship the city has had with the county throughout the years should not be overlooked.. 8. CITY CLERK S REPORT City Clerk Coleman announced that the Wednesday, June 3, 2009 Planning and Zoning Commission meeting has been canceled due to a lack of agenda items. invited all to attend the Darien Historical Society s Ice Cream Social at the Darien Community Park Pavilion on Wednesday, June 17, 2009 at 6 P.M. announced that the July 6 City Council Meeting has been canceled. 9. CITY ADMINISTRATOR S REPORT 6

Administrator Vana advised that city staff will be attempting to reduce the amount of paper correspondence and documents provided to the City Council. Staff will be communicating predominantly through e-mail. The City Council Members may still receive hard copies if desired. 10. DEPARTMENT HEAD INFORMATION/QUESTIONS Alderman Galan requested an update on the development of the property at Plainfield and Cass. Administrator Vana advised that the developers have been given a deadline of July 13, 2009 to provide the city with more detailed proposals and purchase prices. Upon receipt, the proposals will be reviewed and a report provided to the council. In response to Alderman Galan, Administrator Vana advised that an economic assistance package for the Heritage Plaza tenants can be reviewed and discussed after the July 13 deadline. In response to Alderman Avci, Director Gombac advised that the Gypsy Moth has been isolated primarily south of I-55. Timberlake Association, Darien Woods Association, along with several other associations, including the Forest Preserve District, have taken it upon themselves to spray through private funding. The city trees that are, or could possibly be infected, have all been inspected for Gypsy Moth, and any types of insects or sacs found have been removed. IDOT discontinued their spraying program two years ago. The Emerald Ash Borer has not been found in the City of Darien. In response to Alderman Poteraske, Director Gombac advised that the only solution to the Emerald Ash Borer is to remove, destroy, and then provide a two to three mile quarantine. 11. TREASURER'S REPORT A. WARRANT NUMBER 09-10-03 It was moved by Alderman Galan and seconded by Alderman Gattuso to approve payment of Warrant Number 09-10-03 in the amount of $85,207.18 from the General Fund; $95,481.28 from the Water Fund; $137.19 from the Motor Fuel Tax Fund; $1,068.98 from the Darien Area Dispatch Fund; $134,046.01 from the Capital Improvement Fund; $158,372.43 from the Debt Service Fund; $238,241.25 from the General Fund Payroll for the period ending 05/23/09; $24,523.95 from the Water Fund Payroll for the period ending 05/23/09; $24,254.40 from the D.A.D.C. Fund Payroll for the period ending 05/23/09 for a total to be approved of $761,332.67. 7

Roll Call: Ayes: Avci, Galan, Gattuso, Marchese, Poteraske, Schauer Nays: Absent: None McIvor Results: Ayes 6, Nays 0, Absent 1 MOTION DULY CARRIED B. TREASURER S MONTHLY REPORT APRIL, 2009 Treasurer Coren advised that the monthly report, at this point, represents the year end report as well. There is a column in this report which reflects the city s projected fund balance as compared to the actual fund balance. In almost every case, the numbers are very close to the city s budgeted projections. A good deal of credit for this goes to staff. Treasurer Coren reviewed all year-to-date sources of revenue and expenditures and fund balances through the year-end of April, 2009: General Fund Revenue $11,606,271; General Fund Expenditures $12,077,941; Current General Fund Balance $2,991,612; Water Fund Revenue $3,335,572; Water Fund Expenditures $3,494,703; Current Water Fund Balance $439,605; Motor Fuel Tax Fund Revenue $639,774; Motor Fuel Tax Fund Expenditures $824,461; Current Motor Fuel Tax Fund Balance ($111,633); Water Depreciation Fund Revenue $177,425; Water Depreciation Fund Expenditures $742,071; Current Water Depreciation Fund Balance $666,256; Capital Improvement Fund Revenue $2,952,874; Capital Improvement Fund Expenditures $1,369,896; Current Capital Improvement Fund Balance $2,682,052; Capital Projects Debt Service Fund Revenue $24,625; Capital Projects Debt Service Fund Expenditures $1,037,716; and a current fund balance of $438,151. 12. STANDING COMMITTEE REPORTS Public Works Water/Streets Committee Alderman Marchese submitted the Public Works Water/Streets Committee Meeting Minutes of April 20, 2009, and announced that that the next Public Works Water/Streets Committee Meeting is scheduled to take place on July 20, 2009 at 6:30 P.M. in the upstairs conference room. Administrative/Finance Committee Alderman Poteraske submitted the Administrative and Finance Committee Meeting Minutes of May 11, 2009, and advised that the next Administrative and Finance Committee Meeting is scheduled to take place on Monday, June 8, 2009 at 6:30 P.M. in the upstairs conference. 8

13. QUESTIONS AND COMMENTS AGENDA RELATED There were none. 14. OLD BUSINESS There was no old business to come before the City Council. 15. CONSENT AGENDA There were no items on the Consent Agenda. 16. NEW BUSINESS It was moved by Alderman Poteraske and seconded by Alderman Marchese to approve the following motion: A. CONSIDERATION OF A MOTION TO GRANT A WAIVER OF THE RAFFLE LICENSE BOND REQUIREMENT FOR OUR LADY OF PEACE HOME AND SCHOOL ASSOCIATION. Roll Call: Ayes: Avci, Galan, Gattuso, Marchese, Poteraske, Schauer Nays: None Absent: McIvor Results: Ayes 6, Nays 0, Absent 1 MOTION DULY CARRIED 17. QUESTIONS, COMMENTS AND ANNOUNCEMENTS GENERAL In response to Chris Pitts of 1520 Brittany of Norman Court, Mr. Curran advised that the County s partners in the 75 th Street project are the City of Darien, the school districts, and the Village of Downers Grove. 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. 9

VIA VOICE VOTE MOTION DULY CARRIED The City Council meeting adjourned at 8:40 P.M. City Clerk Mayor ld All supporting documentation and report originals of these minutes are on file in the Office of the City Clerk under File Number 06-01-09. Minutes of 06-01-09 CCM 10