Minutes - May 5, 2003
EXECUTIVE
SESSION
It
was moved by Alderman Marchese and seconded by Alderman Weaver at 7:00
P.M. to move into Executive Session for the purpose of discussing Litigation
as prescribed by Section 2(c)(11) of Public Act 88-621 with no action
to be taken.
Roll
Call: Ayes: Biehl, Cotten, Hagen, Marchese, Poteraske, Weaver
Nays: None
Absent: Tikalsky (arrived at 7:20 P.M.)
Results: Ayes 6, Nays 0, Absent 1
MOTION
DULY CARRIED
Upon
reverse roll call, the City Council adjourned at 7:30 P.M.
Minutes
of the Regular Meeting
of the City Council of the
CITY OF DARIEN
MAY 5, 2003
1.
CALL TO ORDER
The
regular meeting of the City Council of the City of Darien was called to
order at 7:35 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 John F. Poteraske, Jr.
Morgan Cotten James Tikalsky
David Hagen Kathleen Moesle-Weaver
Joseph Marchese
Also in Attendance: Carmen D. Soldato, Mayor
Joanne F. Coleman, City Clerk
Kevin P. Monaghan, City Treasurer
Judith N. Kolman, City Attorney
Bryon D. Vana, City Administrator
Robert Pavelchik, Chief of Police
Gregory Dreyer, Director of Community Development
Robert Mengarelli, Asst. Director of Public Works
Robert Rodgers, Asst. Director of Public Works
4. DECLARATION OF A QUORUM
There
being seven Aldermen present, Mayor Soldato declared a quorum.
5.
APPROVAL OF MINUTES April 21, 2003
It
was moved by Alderman Tikalsky and seconded by Alderman Hagen to approve
the Minutes of the Regular Meeting of April 21, 2003, as presented.
Alderman
Poteraske noted that ìApproval of Minutes ñ April 7, 2003î
indicated 7 Ayes but Alderman Biehlís name was not listed in the
Roll Call.
Roll
Call: Ayes: Biehl, Cotten, Hagen, Marchese, Poteraske, Tikalsky, Weaver
Nays: None
Absent: None
Results: Ayes 7, Nays 0, Absent 0
MOTION
DULY CARRIED
6.
RECEIVING OF COMMUNICATIONS
Alderman
Marchese stated that he conversed with Brian Nigonosian, 8941 Tara Hill
Drive, in regard to the roadway entrance of the Tara Hill Subdivision.
He noted that Public Works would schedule patching this year and that
it would be placed on the street program for next year.
Alderman
Poteraske:
* Bob Kuglin, 1500 block of 71st Street, and neighbors submitted a Petition
for installation of a streetlight at the intersection of Emerson Drive
& 71st Street.
* Mr. Gaspari, 7200 block of Gold Grove Place, reported continual flooding
in the rear yard.
* Mr. Prince, 1400 block of 77th Street, inquired about installation of
a new fence; Alderman Poteraske provided him with permit information.
7.
MAYOR'S REPORT
A. GOVERNMENT FINANCE OFFICERS ASSOCIATION (GFOA) PRESENTATION OF THE
2002 CERTIFICATE OF ACHIEVEMENT
Mayor
Soldato introduced Sue Stanish, Village of Willowbrookís Director
of Finance and GFOA representative; Ms. Stanish presented the City with
the 2002 Certificate of Achievement. She gave a brief overview of the
history of the GFOA program and stated that this was the ninth year that
the award had been bestowed on the City of Darien.
B.
MAYORAL PROCLAMATION - PEACE OFFICERS' MEMORIAL DAY (May 15, 2003) &
NATIONAL POLICE WEEK (May 11-17, 2003)
Mayor
Soldato read the Proclamation, which designated May 15th as ìPeace
Officersí Memorial Dayî and the week of May 11 through 17
as ìNational Police Weekî. He requested citizens to recognize
and pay respect to those law enforcement officers who, through their courageous
deeds, have made the ultimate sacrifice in service to their communities
or have become disabled in the performance of duty.
Mayor
Soldato
...spoke about the Dale Basin; he said that it was a top priority and
that Administrator Vana was corresponding with the County to have them
commit to the completion of the stormwater project.
...noted that DuPage County Chairman Schillerstrom was attempting to take
over the DuPage Water Commission. Mayor Soldato stated that the City of
Darien and other communities objected to the County Board taking over
an efficiently run agency, which provides Lake Michigan water, in order
for the County to obtain additional revenue.
...commented that Council would meet as a Committee of the Whole to discuss
the redevelopment of the business district at 75th Street and Cass Avenue.
8.
CITY CLERK'S REPORT
Clerk
Coleman invited everyone for Coffee with Mayor Soldato on Saturday, May
17th, from 9:00 until 10:00 A.M. She stated that the Coffee would be held
in conjunction with the Public Works Open House, which was scheduled from
9:00 A.M. until 2:00 P.M. at the facility located at 1041 South Frontage
Road.
Clerk
Coleman administered the Oath of Office to Community Development Director
Dreyer. He received congratulations from the City Council and applause
from the audience.
9.
CITY ADMINISTRATOR'S REPORT
Administrator
Vana
...announced that a meeting had been scheduled for the Committee of the
Whole for Tuesday, May 13, 2003 at 5: 30 P.M. in the City Council Chambers.
...reminded Council to respond to Ms. Furman in regard to the 41st DuPage
Mayors and Managers Dinner.
...noted that the newspapers had reported take over stories of the DuPage
Water Commission. He said that if Council or residents had questions,
they should contact Mayor Soldato or Administrator Vana.
Alderman
Biehl inquired if Administrator Vana received a response from Board Member
Gilgis; Administrator Vana responded that Ms. Gilgis had not contacted
him. Mayor Soldato noted that the DuPage Water Commission issue was complex
and had no rational basis.
10. DEPARTMENT HEAD REPORT
Police
Chief Robert Pavelchik
...invited Council to stop by the Police Department to try the firearm
simulation; he noted that it taught officers to utilize judgment within
situations to shoot or not to shoot.
...informed Council that the Bike Patrol was in operation for the Summer.
...announced that the Police Pension Board awarded a disability pension
to Officer Edward Vaughan.
Mayor
Soldato asked Chief Pavelchik to speak about the neighborhood watch program.
Chief Pavelchik commented that both Tara Hill and Farmingdale Village
initiated a neighborhood watch program in order to keep neighbors involved
with happenings within their area. He stated that if there was a problem,
residents should dial 911 for immediate police assistance.
Alderman
Biehl thanked Chief Pavelchik for resolving the noise issue at Wendy's.
11.
TREASURER'S REPORT
A.
WARRANT NUMBER 02-03-25
It
was moved by Alderman Tikalsky and seconded by Alderman Biehl to approve
payment of Warrant Number 02-03-25 in the amount of $37,585.45 from the
General Fund; $2,533.83 from the Motor Fuel Tax Fund; $41,706.00 from
the Impact Agency Fund; $14,935.66 from the Water Fund; $2,203.00 from
the Special Service Area Tax Fund; $80.00 from the D.A.R.E. Fund; $546.42
from the Darien Area Dispatch Fund; $194,216.19 from the General Fund
Payroll for the period ending 04/17/03; $14,059.06 from the Water Fund
Payroll for the period ending 04/17/03; $19,972.35 from the D.A.D.C. Fund
Payroll for the period ending 04/17/03; for a total to be approved of
$327,837.96.
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 03-04-01
It
was moved by Alderman Hagen and seconded by Alderman Poteraske to approve
payment of Warrant Number 03-04-01 in the amount of $3,669.73 from the
General Fund; $109,650.00 from the Water Fund; $184,275.78 from the General
Fund Payroll for the period ending 05/01/03; $15,574.63 from the Water
Fund Payroll for the period ending 05/01/03; $25,927.53 from the D.A.D.C.
Fund Payroll for the period ending 05/01/03; for a total to be approved
of $339,097.67.
Roll
Call: Ayes: Biehl, Cotten, Hagen, Marchese, Poteraske, Tikalsky, Weaver
Nays: None
Absent: None
Results: Ayes 7, Nays 0, Absent 0
MOTION
DULY CARRIED
12.
STANDING COMMITTEE REPORTS
Administrative/Finance
Committee ó Chairman Weaver noted that the Committee would meet
on May 12th at 6:30 P.M.
Planning/Development
Committee No Report.
Public
Works Water/Streets Committee No Report.
13.
QUESTIONS AND COMMENTS AGENDA RELATED
Mary
Toniolo, 8492 Sandalwood Court, encouraged Council to approve the Declaration
of Default for Crossroads of Darien.
14.
OLD BUSINESS
There
was no Old Business to come before the City Council.
15.
CONSENT AGENDA
Alderman
Weaver stated that she had comments about the Wal-Mart addition. Therefore,
Mayor Soldato noted that Consent Agenda Items A and B were moved to New
Business as Items A and B; New Business Items A and B were changed to
Items C and D.
16.
NEW BUSINESS
A.
CONSIDERATION OF A MOTION TO APPROVE AN ORDINANCE GRANTING A MINOR AMENDMENT
TO AN APPROVED PLANNED UNIT DEVELOPMENT (Darien Towne Centre: Wal-Mart,
Stockroom Addition)
It
was moved by Alderman Weaver and seconded by Alderman Poteraske to approve
ORDINANCE
NO. O-21-03 AN ORDINANCE GRANTING A MINOR AMENDMENT TO AN APPROVED PLANNED
UNIT DEVELOPMENT (Darien Towne Centre: Wal-Mart, Stockroom Addition)
as
presented.
Alderman
Weaver inquired about the decibel readings from the trash compactor. Alderman
Cotten responded that Wal-Mart provided a ëbase readingí;
a reading would be taken after the compactor was moved to check if there
was an increase in the noise level; if there was no increase, no action
would be necessary.
Alderman
Tikalsky stated that it was unknown if the compactor made noise and that
Wal-Mart had agreed that they would provide additional screening if noise
was an issue.
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.
CONSIDERATION OF A MOTION TO APPROVE AN ORDINANCE AUTHORIZING A COMMUNICATION
FACILITY LEASE WITH VOICESTREAM OPERATING COMPANY, L.L.C.
It
was moved by Alderman Marchese and seconded by Alderman Cotten to approve
ORDINANCE
NO. O-22-03 AN ORDINANCE AUTHORIZING A COMMUNICATION FACILITY LEASE WITH
VOICESTREAM OPERATING COMPANY, L.L.C.
as
presented.
Alderman
Weaver noted that this lease would bring approximately $19,500 in new
revenue to the City.
Roll
Call: Ayes: Biehl, Cotten, Hagen, Marchese, Poteraske, Tikalsky, Weaver
Nays: None
Absent: None
Results: Ayes 7, Nays 0, Absent 0
MOTION
DULY CARRIED
C.
CONSIDERATION OF A MOTION TO APPROVE A RESOLUTION DECLARING A DEFAULT
AND DEMANDING PAYMENT UNDER A CERTAIN LETTER OF CREDIT (Crossroads of
Darien/Builders Bank)
It
was moved by Alderman Biehl and seconded by Alderman Cotten to approve
RESOLUTION
NO. R-16-03 A RESOLUTION DECLARING A DEFAULT AND DEMANDING PAYMENT UNDER
A CERTAIN LETTER OF CREDIT (Crossroads of Darien/Builders Bank)
as
presented.
Alderman
Cotten inquired what the timeframe for improvement would be. Director
Dreyer responded that he had spoken with the developer who stated that
removal/replacement of landscaping, removal of poles and trailer, and
grading/seeding would begin the week of May 5th. There was discussion
about utilizing the funds from the letter of credit and the completion
of the outstanding work.
Roll
Call: Ayes: Biehl, Cotten, Hagen, Marchese, Poteraske, Tikalsky, Weaver
Nays: None
Absent: None
Results: Ayes 7, Nays 0, Absent 0
MOTION
DULY CARRIED
D.
CONSIDERATION OF A MOTION TO APPROVE A RESOLUTION FOR MAINTENANCE OF STREETS
AND HIGHWAYS BY MUNICIPALITY UNDER THE ILLINOIS HIGHWAY CODE (Municipal
Estimate of Maintenance Costs)
It
was moved by Alderman Tikalsky and seconded by Alderman Biehl to approve
RESOLUTION
NO. R-17-03 A RESOLUTION DECLARING A DEFAULT AND DEMANDING PAYMENT UNDER
A CERTAIN LETTER OF CREDIT (Crossroads of Darien/Builders Bank)
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
Biehl:
* thanked Accountant Richards, Past-Treasurer Donner and Treasurer Monaghan
for the award bestowed on the City.
* asked Public Works to place a temporary barricade where sidewalk was
missing on the south side of Maple Lane, east of Richmond, due to County
sewer work.
Alderman
Tikalsky inquired about the fencing installed in the Darien Centre parking
lot by Home Depot; Mayor Soldato responded that it was allowed by Agreement.
Alderman Tikalsky noted that Home Depot had placed additional plantings
in another area of the parking lot; Mayor Soldato directed Council to
advise Staff if they viewed the storage issue as a problem.
Mayor
Soldato introduced Mike Stratis from Intrepid Properties the proposed
developer of the ëoldí Gallagher & Henry Lot 53 site at
75th Street west of Fairview Avenue. Mayor Soldato stated that Mr. Stratis
was scheduled to speak prior to the Council Meeting but was unable to
do so because of Executive Session. Mr. Stratis spoke about the development
site and potential problems; he indicated that there was interest to construct
a bank, a restaurant or retail. Mayor Soldato noted that a car wash would
not be beneficial to the City due to excessive traffic but the other options
were conducive to the Cityís planning. Alderman Marchese stated
that a ëniceí restaurant in that location could be a viable
business. Alderman Hagen stated that a bank was acceptable but he would
rather see retail on the whole site; he favored the entire site being
developed at one time, not in phases. Alderman Cotten noted that residents
to the south of the parcel were sensitive due to the impact of commercial
developments along 75th Street; he said that he was in favor of a ëgoodí
restaurant and that the area would support one; he felt that access, or
lack thereof, was not an issue; he had no problem with one lot being developed
at a time but specified that the existing house be demolished and replaced
with quick growing grass until the lot was ready for development. Council
was polled as to the development of the parcels if done in phases, which
would include a bank, a clean lot and a second use that was not burdensome:
AYE: Marchese, Cotten, Poteraske, Biehl; NAY: Weaver, Hagen; NO COMMENT:
Tikalsky.
Karl
Knecht addressed Council and demanded an apology from Mayor Soldato for
comments made after Mr. & Mrs. Knecht left the Council meeting on
April 7th. Mayor Soldato stated that the Knechts threatened litigation
and if Mr. Knecht wanted to speak about facts related to the Tara Hill
Wetlands that would be permissible otherwise Council was advised by Legal
Counsel not to speak about other issues. Mr. Knecht read a prepared statement
in regard to the wetlands.
18.
EXECUTIVE SESSION LITIGATION, SECTION 2(c)(11) OF PUBLIC ACT
88-261
It
was moved by Alderman Cotten and seconded by Alderman Tikalsky to reconvene
into Executive Session for the purpose of discussing Litigation as prescribed
by Section 2(c)(11) of Public Act 88-621 with no action to be taken.
Roll
Call: Ayes: Biehl, Cotten, Hagen, Marchese, Poteraske, Tikalsky, Weaver
Nays: None
Absent: None
Results: Ayes 7, Nays 0, Absent 0
MOTION
DULY CARRIED
19.
ADJOURNMENT
The
City Council reconvened into Executive Session at 8:55 P.M. and upon proper
reverse roll call, adjourned at 9:30 P.M.
There being no further business to come before the City Council, it was
moved by Alderman Cotton and seconded by Alderman Tikalsky to adjourn.
VIA
VOICE VOTE MOTION DULY CARRIED
The
City Council meeting adjourned at 9:30 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 05-05-03.
Minutes of 05-05-03 CCM
May 5, 2003
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