The Council of the City of Waukegan met in regular session on Tuesday

The Council of the City of Waukegan met in regular session on Tuesday, February 19, 2008 at 8:15P.M. in the City Council Chambers, City Hall 100 North Martin Luther King Jr. Avenue. Mayor Hyde, City Clerk, Wayne Motley, City Treasurer, Pat Dutcher and Corporation Counsel, Brian Grach were present.

ROLL CALL:

Present: Aldermen Figueroa, Newsome, TenPas, Needham, Larsen, Rivera and Cunningham

Absent: Aldermen Moisio and Balen

INVOCATION:

Reverend Coburn pronounced the Invocation and the Pledge of Allegiance was led by Mayor Hyde.

APPROVE REGULAR MEETING AND EXECUTIVE SESSION MINUTES OF

FEBRUARY 4, 2008

APPROVED

MINUTES:

1. Motion by Alderman Figueroa, seconded by Alderman Larsen to approve Regular Meeting and Executive Session Minutes of February 4, 2008.

MOTION PASSED

TO ADOPT A RESOLUTION FOR EZELL G. ROBBINS

08-R-17

APPROVED

RESOLUTIONS/PROCLAMATIONS:

2. Motion by Alderman Cunningham, seconded by Alderman Rivera to adopt, as presented, a resolution for Ezell G. Robbins.

MOTION PASSED

PRESENTATION BY CONGRESSMAN MARK KIRK

3. Congressman Mark Kirk came to thank and honor the Waukegan Police Department Gang Unit for their dedication and commitment to eliminating gang activity in Waukegan. In 2006, he worked with the Department of Justice to help get rid of Gangs in Waukegan. An $846,000 Federal Grant was presented to the City of Waukegan by Congressman Kirk earmarked to assist Waukegan in their gang suppression activities. He also announced that an additional agent from the federal bureau of alcohol, tobacco and firearms would be added to assist Waukegan’s Gang Unit.

WAIVE THE BID PROCEDURE AND AUTHORIZE PAYMENT TO THE COMMISSION ON ACCREDITATION FOR LAW ENFORCEMENT AGENCIES

APPROVED

COMMITTEE REPORTS:

PUBLIC SAFETY COMMITTEE REPORTS CHAIRMAN ALDERMAN RIVERA:

4. Motion by Alderman Rivera, seconded by Alderman Larsen to waive the bid procedure and authorize payment to the Commission on Accreditation for Law Enforcement Agencies, Inc., in the amount of $7,500.00 for the on-site fee.

ROLL CALL AYES: Aldermen Figueroa, Newsome, Needham, Larsen, Rivera and Cunningham

NAYS: Alderman TenPas

ABSENT: Aldermen Moisio and Balen

MOTION PASSED

TO ADOPT AN ORDINANCE AMENDING CHAPTER 15 OF THE MUNICIPAL CODE OF THE CITY OF WAUKEGAN

08-O-18

APPROVED

5. Motion by Alderman Rivera, seconded by Alderman Larsen to adopt, as presented, an ordinance amending Chapter 15 of the Municipal Code of the City of Waukegan entitled, “Offenses and Miscellaneous Provisions,” by adding Section 15-10 entitled, “Smoking in public places prohibited.”

ROLL CALL: AYES: Aldermen Figueroa, Newsome, Needham, Larsen, Rivera and Cunningham

NAYS: None

ABSENT: Aldermen Moisio and Balen

MOTION PASSED

WAIVE THE BID PROCEDURE AND PURCHASE TEN (10) 2008 CHEVROLET IMPALA POLICE VEHICLES

HELD OVER

6. Motion by Alderman Rivera, seconded by Alderman Larsen to waive the bid procedure and purchase ten (10) 2008 Chevrolet Impala police vehicles from Miles Chevrolet, P.O. Box 3160, 150 West Pershing Road, Decatur, Illinois 62524-3160 for an amount not to exceed $187,444.90 or $18,744.49 per vehicle.

HELD OVER BY ALDERMAN TENPAS

INFORMATION ONLY

INFORMATION ONLY:

7. Checks received from the U.S. Department of Justice, DEA and the Illinois State Police

The Waukegan Police Department received Equitable Sharing payments in the amount of $116,791.06 from the U.S. Department of Justice, Drug Enforcement Administration.

Police Department Public Hearing

The Waukegan Police Department, Traffic Division, will be hosting a “Public Hearing” for the Red Light Photo Enforcement program on March 27, 2008 in the City Council Chambers from 6pm to 9pm.

Police Presentation (New Policing)

P.R.I.D.E. concept of Law Enforcement presented to the Aldermen.

TO ADOPT AN ORDINANCE TO ACCEPT THE GLADSTONE AVENUE LICENSE AGREEMENT WITH FERRO PFANSTIEHL

08-O-19

APPROVED

COMMITTEE REPORTS:

PUBLIC WORKS COMMITTEE REPORTS CHAIRMAN ALDERMAN TENPAS:

8. Motion by Alderman TenPas, seconded by Alderman Rivera to adopt, as presented, an ordinance to accept the Gladstone Avenue License Agreement with Ferro Pfanstiehl.

ROLL CALL: AYES: Aldermen Figueroa, Newsome, TenPas, Needham, Larsen, Rivera and Cunningham

NAYS: None

ABSENT: Aldermen Moisio and Balen

MOTION PASSED

TO ADOPT AN ORDINANCE GRANTING AMPSKY’S REQUEST FOR DESIGNATION OF A RESTRICTED GROUNDWATER

APPROVED

9. Motion by Alderman TenPas, seconded by Alderman Larsen to adopt, as presented, an ordinance granting Ampsky’s request for designation of a restricted groundwater zone at the former Fansteel/V.R. Weston property.

ROLL CALL: AYES: Aldermen Figueroa, Newsome, TenPas, Needham, Larsen, Rivera and Cunningham

NAYS: None

ABSENT: Aldermen Moisio and Balen

MOTION PASSED

RECONSIDER THE ABOVE MOTION

HELD OVER

10. Motion by Alderman TenPas, seconded by Alderman Rivera to reconsider the above motion.

ROLL CALL: AYES: Aldermen Figueroa, Newsome, TenPas, Needham, Larsen, Rivera and Cunningham

NAYS: None

ABSENT: Aldermen Moisio and Balen

MAIN MOTION HELD OVER BY ALDERMAN CUNNINGHAM

TO ADOPT THE MOTOR FUEL TAX (MFT) GENERAL MAINTENANCE RESOLUTION

APPROVED

11. Motion by Alderman TenPas, seconded by Alderman Larsen to adopt the Motor Fuel Tax (MFT) General Maintenance Resolution 2008-0000-00-GM in the amount of $2,800,000.

ROLL CALL: AYES: Aldermen Figueroa, Newsome, TenPas, Needham, Larsen, Rivera and Cunningham

NAYS: None

ABSENT: Aldermen Moisio and Balen

MOTION PASSED

WAIVE THE BID PROCEDURE AND ACCEPT THE PROPOSAL FOR CONTRACT 2008-12

HELD OVER

COMMITTEE REPORTS:

PUBLIC WORKS COMMITTEE REPORTS CHAIRMAN ALDERMAN TENPAS cont.:

12. Motion by Alderman TenPas, seconded by Alderman Larsen to waive the formal bid procedure and accept the proposal from Plote Construction Inc. of Hoffman Estates, Illinois for Contract 2008-12 – To Build the Embankment for Relocation of the EJ & E Railroad on the South Lakefront for zero cost.

HELD OVER BY ALDERMAN CUNNINGHAM

PERMISSION TO WAIVE THE BID PROCEDURE AND ACCEPT THE LOW QUOTE FOR CONTRACT 2008-10

APPROVED

13. Motion by Alderman TenPas, seconded by Alderman Larsen to waive the formal bid procedure and accept the low quote from Joel Kennedy Construction, Waukegan, Illinois for Contract 2008-10 – Utility Relocation for the EJ&E Railroad in an amount not to exceed $131,542.00. The City has received the following 3 quotes:

Joel Kennedy Construction, Waukegan, Illinois $131,542.00

Campanella & Sons, Inc. Wadsworth, Illinois $132,377.80

Plote Construction

ROLL CALL: AYES: Aldermen Figueroa, Newsome, TenPas, Needham, Larsen and Rivera

NAYS: Alderman Cunningham

ABSENT: Aldermen Moisio and Balen

MOTION PASSED

ADVERTISE FOR BIDS FOR CONTRACT 2008-11 – CONCRETE SLAB REMOVAL

APPROVED

14. Motion by Alderman TenPas, seconded by Alderman Rivera to advertise for bids for Contract 2008-11 – Concrete Slab Removal at the OMC East Die Cast Building.

ROLL CALL: AYES: Aldermen Figueroa, Newsome, TenPas, Needham, Larsen and Rivera

NAYS: Alderman Cunningham

ABSENT: Aldermen Moisio and Balen

MOTION PASSED

TO ADVERTISE FOR BIDS FOR STREET SWEEPER BROOMS

APPROVED

15. Motion by Alderman TenPas, seconded by Alderman Rivera to advertise for bids for Street Sweeper Brooms for the Public Works Department.

MOTION PASSED

TO WAIVE THE BID PROCEDURE AND ROLLOVER THE GRASS MOWING PROGRAM (CONTRACT 2007-05)

APPROVED

COMMITTEE REPORTS:

PUBLIC WORKS COMMITTEE REPORTS CHAIRMAN ALDERMAN TENPAS cont.:

16. Motion by Alderman TenPas, seconded by Alderman Rivera to waive the bid procedure and rollover the Grass Mowing Program (Contract 2007-05) into the new Contract 2008-07- Grass Mowing Program with K. Erickson Designs of Pleasant Prairie, WI with a 5% increase of $1,170.39 for a total contract amount of $24,578.13.

ROLL CALL: AYES: Aldermen Figueroa, Newsome, TenPas, Needham, Larsen, Rivera and Cunningham

NAYS: None

ABSENT: Aldermen Moisio and Balen

MOTION PASSED

WAIVE THE BID PROCEDURE AND ROLLOVER THE SEWER ROOT CONTROL TREATMENT PROGRAM (CONTRACT 2007-08)

APPROVED

17. Motion by Alderman TenPas, seconded by Alderman Rivera to waive the bid procedure and rollover the Sewer Root Control Treatment Program (Contract 2007-08) into the new Contract 2008-08 – Sewer Root Control Treatment Program with Dukes Root Control, Inc. of Syracuse New York, in an amount not to exceed $25,000.00 (same price as last year).

ROLL CALL: AYES: Aldermen Figueroa, Newsome, TenPas, Needham, Larsen, Rivera and Cunninhgam

NAYS: None

ABSENT: Aldermen Moisio and Balen

MOTION PASSED

WAIVE THE BID PROCEDURE AND ROLLOVER THE CONCRETE ROAD PROGRAM (CONTRACT 2007-21)

APPROVED

18. Motion by Alderman TenPas, seconded by Alderman Rivera to waive bid procedure and rollover the Concrete Road Program (Contract 2007-21) into the new Contract 2008-09 – Concrete Road Program with G & M of Addison, Illinois with a 6% increase of $35,291.13, the new contract will be in an amount not to exceed $623,476.38.

ROLL CALL: AYES: Aldermen Figueroa, Newsome, TenPas, Needham, Larsen, Rivera and Cunningham

NAYS: None

ABSENT: Aldermen Moisio and Balen

MOTION PASSED

ADVERTISE FOR BIDS FOR THE CHEMICALS AND MATERIALS NEEDED BY THE WATER PLANT

APPROVED

COMMITTEE REPORTS:

PUBLIC WORKS COMMITTEE REPORTS CHAIRMAN ALDERMAN TENPAS cont.:

19. Motion by Alderman TenPas, seconded by Alderman Rivera to advertise for bids for the Chemicals and Materials needed for the fiscal year 2008/2009 for the Water Plant as presented:

Chemicals for Water Plant:

1) Aluminum Sulfate

2) Chlorine

3) Powdered Activated Carbon

4) Potassium Permanganate

5) Anhydrous Ammonia

6) Hydro Fluoro Silicic Acid

Water Meter Department:

1) Copperhorns 5/8”, 5/8” X ¾”, and 1”

2) residential and Compound Water Meters

Water Main Department:

1) Fire Hydrant’s (5’, 5 ½’, 6 ½’ and 7’) complete with valve assembly and valve boxes

MOTION PASSED

APPROVE PAYROLL DATED FEBRUARY 15, 2008

APPROVED

NEW BUSINESS:

20. Motion by Alderman Needham, seconded by Alderman TenPas to approve payroll dated February 15, 2008 in the amount of $1,421,454.01.

ROLL CALL: AYES: Aldermen Figueroa, Newsome, TenPas, Needham, Larsen, Rivera and Cunningham

NAYS: None

ABSENT: Aldermen Moisio and Balen

MOTION PASSED

APPROVE BILLS DATED FEBRUARY 15, 2008

APPROVED

21. Motion by Alderman Needham, seconded by Alderman TenPas to approve bills dated February 15, 2008 in the amount of $2,069,115.14.

ROLL CALL: AYES: Aldermen Figueroa, Newsome, TenPas, Needham, Larsen, Rivera and Cunningham

NAYS: None

ABSENT: Aldermen Moisio and Balen

MOTION PASSED

TO ACCEPT AND PLACE ON FILE THE MONTHLY REPORTS

APPROVED

NEW BUSINESS cont.:

22. Motion by Alderman Figueroa, seconded by Alderman Cunningham to accept and place on file the monthly reports for the City Clerk’s Office, Building Department and the Treasurer’s Office for the month of January 2008.

MOTION PASSED

ACCEPT THE LOW BID PURCHASE OF A 2008 CHEVY AVEO

APPROVED

23. Motion by Alderman Figueroa, seconded by Alderman Rivera to accept the low bid purchase of a 2008 Chevy Aveo for the Code Compliance Department.

ROLL CALL: AYES: Aldermen Figueroa, Newsome, TenPas, Needham, Larsen, Rivera and Cunningham

NAYS: None

ABSENT: Aldermen Moisio and Balen

MOTION PASSED

ALDERMAN FIGUEROA LEFT MEETING

24. Alderman Figueroa left the City Council Meeting at 9:30 PM.

TO ADOPT THE RESOLUTION TO AMEND THE MINUTES FOR MAY 21, 2007

08-R-20

APPROVED

25. Motion by Alderman Cunningham, seconded by Alderman Larsen to adopt the resolution, as presented, to correct the minutes of May 21, 2007 regarding the adoption of Ordinance 07-O-62.

ROLL CALL: AYES: Aldermen Newsome, TenPas, Needham, Larsen, Rivera and Cunningham

NAYS: None

ABSENT: Aldermen Moisio, Figueroa and Balen

MOTION PASSED

TO ADOPT AN ORDINANCE APPROVING A LICENSE AGREEMENT FOR

200 N. COUNTY STREET

08-O-21

APPROVED

ORDINANCES/RESOLUTIONS:

26. Motion by Alderman Cunningham, seconded by Alderman Newsome to adopt an ordinance, as presented, approving license agreement for 200 N. County Street.

ROLL CALL: AYES: Aldermen Newsome, TenPas, Larsen and Cunningham

NAYS: Alderman Needham

ABSENT: Aldermen Figueroa, Moisio and Balen

ABSTAIN: Alderman Rivera

MOTION PASSED (ABSTENTION COUNTED AS AN AYE VOTE PURSUANT TO ILLINOIS LAW)

AN ORDINANCE ANNEXING THE PROPERTY LOCATED AT 12424 W. SHERMAN AVE

08-O-22

APPROVED

ORDINANCES/RESOLUTIONS cont.:

27. Motion by Alderman Newsome, seconded by Alderman Cunningham to adopt, as presented, an ordinance annexing the property located at 12424 W. Sherman Ave.

ROLL CALL: AYES: Aldermen Newsome, TenPas, Needham, Larsen, Rivera and Cunningham

NAYS: None

ABSENT: Aldermen Figueroa, Moisio and Balen

MOTION PASSED

AN ORDINANCE APPROVING THE CONDITIONAL USE PERMIT AT 651 LAKEHURST ROAD

08-O-23

APPROVED

28. Motion by Alderman Rivera, seconded by Alderman Larsen to adopt, as presented, an ordinance approving the Conditional Use Permit for a theatre, banquet and restaurant at 651 Lakehurst Road.

ROLL CALL: AYES: Aldermen Newsome, TenPas, Needham, Larsen, Rivera and Cunningham

NAYS: None

ABSENT: Aldermen Figueroa, Moisio and Balen

MOTION PASSED

AN ORDINANCE APPROVING THE PRELIMINARY AND FINAL PLAT OF THE RESUBDIVISION OF LOT 4

08-O-24

APPROVED

29. Motion by Alderman Rivera, seconded by Alderman Newsome to adopt, as presented, an ordinance approving the Preliminary and Final Plat of the Resubdivision of Lot 4 of Lakehurst Subdivision.

ROLL CALL: AYES: Aldermen Newsome, TenPas, Needham, Larsen, Rivera and Cunningham

NAYS: None

ABSENT: Aldermen Figueroa, Moisio and Balen

MOTION PASSED

AN ORDINANCE APPROVING THE SITE PLAN FOR THE LA FITNESS FACILITY

08-O-25

APPROVED

30. Motion by Alderman Rivera, seconded by Alderman Cunningham to adopt, as presented, an ordinance approving the Site Plan for the LA Fitness facility, adjoining inline retail facility, monument signage and landscaping at 430 Lakehurst Road.

ROLL CALL: AYES: Aldermen Newsome, TenPas, Needham, Larsen, Rivera and Cunningham

NAYS: None

ABSENT: Aldermen Figueroa, Moisio and Balen

MOTION PASSED

AN ORDINANCE APPROVING THE CONDITIONAL USE PERMIT FOR

900 S GREEN BAY

08-O-26

APPROVED

ORDINANCES/RESOLUTIONS cont.:

31. Motion by Alderman Rivera, seconded by Alderman Needham to adopt, as presented, an ordinance approving the Conditional Use Permit for contractors’ shops and offices at 900 S Green Bay Road.

ROLL CALL: AYES: Aldermen Newsome, TenPas, Needham, Larsen, Rivera and Cunningham

NAYS: None

ABSENT: Aldermen Figueroa, Moisio and Balen

MOTION PASSED

ALDERMAN NEWSOME

ALDERMEN’S TIME:

32. No Comment.

ALDERMAN TENPAS

33. We need to purchase the land behind the Sundance Saloon for a future Train Station. The residents of my ward were out Sunday cleaning sewer drains, we need to go back to the adopt a hydrant program. We need to get cars off the streets during heavy snow storms. Public Works did a good job of snow removal.

ALDERMAN NEEDHAM

34. The Public Safety Chairman is putting together a parking committee. The downtown parking plan needs to be reviewed. We need better communication with John Moore and the Finance Committee.

ALDERMAN LARSEN

35. If you need help call your Alderman. Public Works is doing an excellent job. Art Space Project – Live & Work Project, a number of artists have voiced their interest. This would add a lot to our downtown.