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

The Council of the City of Waukegan met in regular session on Monday, July 16, 2007 at 8:00P.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 Newsome, TenPas, Needham, Larsen, Rivera, Cunningham, Balen, Moisio and Figueroa

Absent: None

INVOCATION:

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

APPROVE MINUTES OF

JULY 2, 2007

APPROVED

MINUTES:

1. Motion by Alderman Figueroa, seconded by Alderman Rivera to approve Minutes of

July 2, 2007.

MOTION PASSED

TO PURCHASE THE NEW CARDINAL TRACKING SYSTEM

APPROVED

COMMITTEE REPORTS:

PUBLIC SAFETY COMMITTEE REPORT CHAIRMAN ALDERMAN RIVERA:

2. Motion by Alderman Rivera, seconded by Alderman Larsen to approve the purchase of the new Cardinal Tracking System from Cardinal Tracking, Inc., 1825 Lakeway Dr., Suite 100, Lewisville, Texas 75057, at a cost of $26,765.00.

ROLL CALL: AYES: Alderman Newsome, TenPas, Needham, Larsen, Rivera, Cunningham, Balen, Moisio and Figueroa

NAYS: None

ABSENT: None

MOTION PASSED

C.C. DRAFT AN ORDINANCE

LIMITING PARKING IN THE 100 BLOCK OF DREW LANE

APPROVED

PUBLIC SAFETY COMMITTEE REPORT CHAIRMAN ALDERMAN RIVERA cont.:

3. Motion by Alderman Rivera, seconded by Alderman Moisio that Corporation Counsel draft ordinance to reflect limiting parking to residents with permits only in the 100 block of Drew Lane.

MOTION PASSED

TO ENTER INTO A MEMORANDUM OF UNDERSTANDING WITH THE COUNTY OF LAKE

APPROVED

4. Motion by Alderman Rivera, seconded by Alderman Larsen to enter into a Memorandum of Understanding with the County of Lake and grant $21,307.00 of the award to Lake County.

ROLL CALL: AYES: Alderman Newsome, TenPas, Needham, Larsen, Rivera, Cunningham, Balen, Moisio and Figueroa

NAYS: None

ABSENT: None

MOTION PASSED

INFORMATION ONLY

INFORMATION ONLY:

Police Department

5. Public Auction of Seized Property

The proceeds from the auction on June 3, 2006 were $5,149.45. The check has been deposited in the General Fund.

Fire Department

Federal Grant Application, DHS-Assistance to Firefighters Grant (AFG)

The Waukegan Fire Department has submitted a grant request to the Department of Homeland Security (DHS) through the Assistance to Firefighters Grant (AFG) program.

Annual Report

The Waukegan Fire Department will present their annual report at the Public Safety Committee Meeting on August 20, 2007.

C.C. DRAFT A RESOLUTION FOR GRAY COURT DEDICATION

APPROVED

COMMITTEE REPORTS:

PUBLIC WORKS COMMITTEE REPORT CHAIRMAN ALDERMAN TENPAS:

6. Motion by Alderman TenPas, seconded by Alderman Rivera that Corporation Counsel draft a resolution to execute and accept the roadway dedication for the North End of West Gray Court.

MOTION PASSED

ADOPT A RESOLUTION TO WAIVE THE BID PROCEDURE AND EXTEND CONTRACT 2005-08-SEWER ROOT CONTROL TREATMENT PROGRAM

APPROVED

PUBLIC WORKS COMMITTEE REPORT CHAIRMAN ALDERMAN TENPAS cont.:

7. Motion by Alderman TenPas, seconded by Alderman Rivera to adopt a resolution to waive bid procedure and extend Contract 2005-08-Sewer Root Control Treatment Program with Duke Root Control, Inc., to the increased amount not to exceed $25,000.00.

ROLL CALL: AYES: Alderman Newsome, TenPas, Needham, Larsen, Rivera, Cunningham, Balen, Moisio and Figueroa

NAYS: None

ABSENT: None

MOTION PASSED

WAIVE THE FORMAL BIDDING PROCEDURE AND ACCEPT THE QUOTE FOR THE PURCHASE OF 2 SALT SPREADERS

APPROVED

8. Motion by Alderman TenPas, seconded by Alderman Rivera to waive the formal bidding procedure and accept the quote for 2 salt spreaders not to exceed the amount of $10,686.00 and $12,354.00 for a combined total of $23,040.00 from Monroe Truck Equipment, Inc.

ROLL CALL: AYES: Alderman Newsome, TenPas, Needham, Larsen, Rivera, Cunningham, Balen, Moisio and Figueroa

NAYS: None

ABSENT: None

MOTION PASSED

WAIVE THE FORMAL BIDDING PROCEDURE AND ACCEPT THE QUOTE TO PURCHASE A SKID STEER LOADER

APPROVED

9. Motion by Alderman TenPas, seconded by Alderman Rivera to waive the formal bidding procedure and accept the quote to purchase a skid steer loader not to exceed the amount of $18,860.00 from Burris Equipment.

ROLL CALL: AYES: Alderman Newsome, TenPas, Needham, Larsen, Rivera, Cunningham, Balen, Moisio and Figueroa

NAYS: None

ABSENT: None

MOTION PASSED

TO AWARD THE QUALIFIED LOW BID FOR THE THICKNER AND #5 SLUDGE COLLECTOR

REFER TO FINANCE

10. Motion by Alderman TenPas, seconded by Alderman Rivera to award the qualified low bidder, Maxim Construction, Inc. for the Thickner and #5 Sludge Collector for the Water Plant, in the amount not to exceed $2,171,360.00. The bids were as follows:

1) Maxim Construction Corporation, Inc. $2,171,360.00

2) Joseph J. Henderson & Son, Inc. $2,234,200.00

REFERRED TO FINANCE COMMITTEE

TO RECONSIDER 287(G)

DISAPPROVED

OLD BUSINESS:

11. Motion by Alderman Balen, seconded by Alderman Newsome to reconsider the 287(G) application.

ROLL CALL: AYES: Alderman Cunningham and Figueroa

NAYS: Alderman Newsome, TenPas, Needham, Larsen, Rivera, Balen, Moisio and Mayor Hyde

ABSENT: None

MOTION FAILS

APPROVE PAYROLL DATED JULY 6, 2007

APPROVED

NEW BUSINESS:

12. Motion by Alderman Needham, seconded by Alderman TenPas to approve payroll dated July 6, 2007 in the amount of $1,429,851.92.

ROLL CALL: AYES: Alderman Newsome, TenPas, Needham, Larsen, Rivera, Cunningham, Balen, Moisio and Figueroa

NAYS: None

ABSENT: None

MOTION PASSED

APPROVE BILLS DATED JULY 16, 2007

APPROVED

13. Motion by Alderman Needham, seconded by Alderman TenPas to approve bills dated

July 16, 2007 in the amount of $1,729,966.75.

ROLL CALL: AYES: Alderman Newsome, TenPas, Needham, Larsen, Rivera, Cunningham, Balen, Moisio and Figueroa

NAYS: None

ABSENT: None

MOTION PASSED

APPROVE BLOCK PARTIES

APPROVED

14. Motion by Alderman Cunningham, seconded by Alderman Balen to approve all Block Parties.

MOTION PASSED

TO ACCEPT AND PLACE ON FILE THE MONTHLY REPORTS

APPROVED

15. Motion by Alderman TenPas, seconded by Alderman Rivera to accept and place on the file, the monthly reports for the Building Department, City Clerk’s Office and Treasurer’s Office for the month of June 2007.

MOTION PASSED

LABOR RELATIONS COMMITTEE

16. Mayor Hyde will have the discussion of the Labor Relations Committee at the next City Council Meeting on August 6, 2007.

TO ADOPT AN ORDINANCE

APPROVING THE PRELIMINARY AND FINAL PLAT OF THE CASSIDY SUBDIVISION

07-O-84

APPROVED

ORDINANCES/RESOLUTIONS:

17. Motion by Alderman Larsen, seconded by Alderman Moisio to adopt, as presented, an ordinance approving the Preliminary and Final Plat of the Cassidy Subdivision at 2131 Northern Ave.

ROLL CALL: AYES: Alderman Newsome, TenPas, Needham, Larsen, Rivera, Cunningham, Balen, Moisio and Figueroa

NAYS: None

ABSENT: None

MOTION PASSED

TO ADOPT AN ORDINANCE APPROVING THE MAP AMENDMENT FROM B2 COMMUNITY SHOPPING TO R2 SINGLE-FAMILY RESIDENTIAL

07-O-85

APPROVED

18. Motion by Alderman Larsen, seconded by Alderman Cunningham to adopt, as presented, an ordinance approving the Map Amendment from B2 Community Shopping to R2 Single-Family Residential at 2131 Northern Avenue.

ROLL CALL: AYES: Alderman Newsome, TenPas, Needham, Larsen, Rivera, Cunningham, Balen, Moisio and Figueroa

NAYS: None

ABSENT: None

MOTION PASSED

TO ADOPT AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT

07-O-86

APPROVED

19. Motion by Alderman Moisio, seconded by Alderman Balen to adopt, as presented, an ordinance authorizing the Execution of an Annexation Agreement with Edwin Banderowicz and Jim Yamamoto concerning the real property at 12817 W. Duggald Ave.

ROLL CALL: AYES: Alderman Newsome, TenPas, Needham, Larsen, Rivera, Cunningham, Balen, Moisio and Figueroa

NAYS: None

ABSENT: None

MOTION PASSED

TO ADOPT AN ORDINANCE TO ANNEX THE PROPERTY AT 12817 W. DUGGALD AVE

07-O-87

APPROVED

20. Motion by Alderman Moisio, seconded by Alderman Figueroa to adopt, as presented, an ordinance to annex the real property at 12817 W. Duggald Ave.

ROLL CALL: AYES: Alderman Newsome, TenPas, Needham, Larsen, Rivera, Cunningham, Balen, Moisio and Figueroa

NAYS: None

ABSENT: None

MOTION PASSED

ADOPT AN ORDINANCE APPROVING THE MAP AMENDMENT FROM CR CONSERVATION RECREATION TO B3 GENERAL COMMERCIAL

07-O-88

APPROVED

ORDINANCES/RESOLUTIONS cont.:

21. Motion by Alderman Moisio, seconded by Alderman Newsome to adopt, as presented, an ordinance approving the Map Amendment from CR Conservation Recreation to B3 General Commercial at 12817 W. Duggald Ave.

ROLL CALL: AYES: Alderman Newsome, TenPas, Needham, Larsen, Rivera, Cunningham, Balen, Moisio and Figueroa

NAYS: None

ABSENT: None

MOTION PASSED

ADOPT AN ORDINANCE APPROVING A CONDITIONAL USE PERMIT FOR CONTRACTORS’ SHOPS AND OFFICE IN THE B3 DISTRICT

07-O-89

APPROVED

22. Motion by Alderman Moisio, seconded by Alderman TenPas to adopt, as presented, an ordinance approving a Conditional Use Permit for Contractors’ Shops and Office in the B3 District at 12817 W. Duggald Ave.

ROLL CALL: AYES: Alderman Newsome, TenPas, Needham, Larsen, Rivera, Cunningham, Balen, Moisio and Figueroa

NAYS: None

ABSENT: None

MOTION PASSED

ADOPT AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT TO ALLOW THE OPERATION O F A BANQUET FACILITY

07-O-90

APPROVED

23. Motion by Alderman Rivera, seconded by Alderman Needham to adopt, as presented, an ordinance granting a Conditional Use Permit to Juan Manuel Retana, Sr. to allow the operation of a Banquet Facility in the B3 District at 454 N. Green Bay Rd.

ROLL CALL: AYES: Alderman, Newsome, TenPas, Needham, Larsen, Rivera, Cunningham, Balen, Moisio and Figueroa

NAYS: None

ABSENT: None

MOTION PASSED

ADOPT AN ORDINANCE APPROVING THE TEXT AMENDMENT

07-O-91

APPROVED

24. Motion by Alderman Figueroa, seconded by Alderman Newsome to adopt, as presented, an ordinance approving the text amendment to the Zoning Ordinance regarding Zoning Section

21-138 entitled, “Public Beach Parking”.

ROLL CALL: AYES: Alderman Newsome, TenPas, Needham, Larsen, Rivera, Cunningham, Balen, Moisio and Figueroa

NAYS: None

ABSENT: None

MOTION PASSED

ELIZABETH BERCZY

2404 GLEN FLORA

AUDIENCE TIME:

25. Happy with the City Council’s decision on 287(G).

ROSANNA PULIDO

CHICAGO, IL

26. 287(G) subject has taken over our Country. She is proud to be a leader in this subject. I just want to speak about the Americans who died on 9/11 at the hands of illegal aliens. These people were separated from their families who are American Citizens and I just want to thank you, Waukegan, for doing something about this. I worked as a Police Dispatcher and I know our Police Officers need help. I would like to salute all of you tonight for taking a vote that’s going to help our Officers and the State of Illinois.

DAN TRAYNOFF

202 S. ELMWOOD

27. I would like to thank everyone tonight who did what’s right for the betterment of Waukegan. Please expand 287(G), maybe throw some DUI’s in there. Scoopin’ Genesee this year was much better, really excellent.

RICARDO RETANA

1531 GRAND AVE

28. We’re a united community, we are the future of the community. Has a petition against 287(G) with 2,836 signatures from the community.

YOLANDA TORREZ

225 N. WEST

29. She is an Attorney and a Taxpayer of the City of Waukegan. By implementing 287(G) you are going to lose a lot more. There is hatred on both sides. You should direct a Bilingual Newsletter, let’s educate the community.

KEN ARNOLD

2034 LIBERTY

GURNEE, IL

30. I was a 2006 Congress Candidate. I just want to tell you how proud I am of you in Waukegan, tonight. In 2006, while running for Congress he was attacked by someone who he had never met, they put in the Daily Herald that he was an opportunistic, bigot. I am the son of Italian Immigrants, but I agree with Alderman Balen about obeying the Rule of Law.

JACKIE HERRERA

3236 BRISTOL RD

31. It’s really sad that the Councilmen went against the community. 287(G) was not the right decision. Crimes will go unreported because of the decisions you are making. I really believe it was the wrong decision and maybe you will learn when you are confronted with several lawsuits.

JOHN RITTER

11424 BRISTOL RD

BRISTOL, WI

32. The Police Officers that we trust to initiate 287(G) are intelligent individuals. We trust that they will abide by the Constitution and follow the rules. This here is a Masterplan that the City of Waukegan has to drive us out of Waukegan. The Masterplan is called a deficit.

ALDERMAN NEWSOME

ALDERMEN’S TIME:

33. I would like to commend the City, they did an awesome job with the setup of Scoopin’ Genesee.

ALDERMAN TENPAS

34. No Comment.

ALDERMAN NEEDHAM

35. No Comment.

ALDERMAN LARSEN

36. No Comment.

ALDERMAN RIVERA

ALDERMEN’S TIME cont.:

37. He made his decision on 287(G) based on Public Safety. It’s about obeying the laws of this community. I am proud of being Hispanic. The calls that he received in the past two weeks were ugly and the lies that were being told. He has an obligation to everyone in this community and that is keeping them safe. The protest and boycotts are doing nothing but hurting your own people. What I saw in Scoopin’ Genesee is what I call unity. He would like to thank Deputy Chief Dan Young, Millie from the Police Department, the Fire and Police Departments, Public Works for doing an excellent job with Scoopin’ Genesee. Kudos to you, Dan Young and Kudos to the City of Waukegan.

ALDERMAN CUNNINGHAM

38. We need a Dog Ordinance. When are we going to get it? I receive more calls on this, than anything else. Something needs to get done. Scoopin’ Genesee was a great event. Kudos to all those who helped in making this event a success. We need to sit down with PACE and find out what is going on with Public Transportation.

ALDERMAN BALEN

39. No Comment.

ALDERMAN MOISIO

40. No Comment.

ALDERMAN FIGUEROA

41. The Volunteers who worked Scoopin’ Genesee should be rewarded with something, many of them donated many hours. This 287(G) just passed and like Alderman Rivera stated there’s no need for threatening people up here. I’m going to go with an old saying form Don Benito Juarez, that goes, “El respeto al derecho ageno es la paz”, meaning “When we respect other people’s rights, that’s when we find peace. Has received calls from some Business Owners that have been asked to put up the orange signs in their business supporting 287(G) and to boycott their business, they shouldn’t be put between a rock and a hard spot, whether they are supporting it or not. This is called blackmail and extortion.

MAYOR HYDE

42. The boycott back fired in my opinion, on Margaret Carrasco. It hurt the Latino businesses more than anybody else. I’m asking the community to go back to your normal shopping habits in the businesses of Waukegan.

ADJOURNMENT

APPROVED

43. Motion by Alderman Figueroa, seconded by Alderman Newsome that the City Council Meeting Adjourn. TIME: 9:50 PM

MOTION PASSED