The Council of the City of Waukegan met in regular session on Monday, August 6, 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:  Alderman TenPas, Needham, Larsen, Rivera, Cunningham, Balen, Moisio, Figueroa and Newsome

 

Absent:  None

 

 

INVOCATION: 

 

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

 

 

 

APPROVE MINUTES  OF

JULY 16, 2007

 

 

APPROVED

 

MINUTES:

 

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

July 16, 2007.

 

 

 

MOTION PASSED

 

TO GO OUT OF ORDER

 

 

 

 

APPROVED

 

2.  Motion by Alderman TenPas, seconded by Alderman Needham to go out of order to allow Congressman Mark Kirk to speak.

 

 

 

MOTION PASSED

 

CONGRESSMAN MARK KIRK

 

 

 

3.  Congressman Mark Kirk spoke on the Redevelopment of the Waukegan Harbor.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

WAUKEGAN MOOSE LODGE #706

RESOLUTIONS/PROCLAMATIONS:

                                                       

4.  Presentation by the Waukegan Moose Lodge #706.

 

TO ADOPT A RESOLUTION FOR DANA CARPENTIER

07-R-92

 

5.  Motion by Alderman TenPas, seconded by Alderman Needham to adopt, as presented, a Resolution for Dana Carpentier for her Marksmanship at Waukegan High School.

 

 

 

 

 

ADOPT AN ORDINANCE APPROVING A DAY CARE CENTER

07-O-97

 

 

 

 

 

 

 

APPROVED

COMMITTEE REPORTS:

JUDICIARY COMMITTEE REPORT CHAIRMAN ALDERMAN FIGUEROA:

 

6.  Motion by Alderman Figueroa, seconded by Alderman Cunningham to adopt, as presented, an ordinance approving the Day Care Center at 2905 Sunset Avenue for Mario and Elvia Montes De Oca with conditions outlined by staff.  Zoning Cal. #2194

 

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

 

NAYS:  None

 

ABSENT:  None

 

MOTION PASSED

 

C.C. DRAFT AN ORDINANCE APPROVING THE MAP AMENDMENT

 

 

APPROVED

 

7.  Motion by Alderman Figueroa, seconded by Alderman Cunningham that Corporation Counsel draft an ordinance approving the Map Amendment from R1 Single Family Residential to B3 General Commercial at 1051 N. Green Bay Road.  Zoning Cal. #2192

 

 

MOTION PASSED

 

TO APPROVE THE CONDITIONAL USE PERMIT FOR RESIDENTIAL DEVELOPMENT

 

 

HELD OVER

 

8.  Motion by Alderman Figueroa, seconded by Alderman Cunningham to approve the conditional use permit for residential development within the overlay district at 100 N. Sheridan Road.

 

 

 

HELD OVER BY ALDERMAN FIGUEROA

 

TO ADOPT AN ORDINANCE ALLOWING AN INCREASE IN FEES

07-O-93

 

 

 

 

 

 

APPROVED

 

9.  Motion by Alderman Figueroa, seconded by Alderman Cunningham to adopt, as presented, an ordinance allowing an increase in fees for street openings.

 

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

 

NAYS:  None

 

ABSENT:  None

 

MOTION PASSED

 

                          

 

 

 

 

TO ADOPT AN ORDINANCE ALLOWING ASPHALT APPROACHES

07-O-94

 

 

 

 

 

 

APPROVED

JUDICIARY COMMITTEE REPORT CHAIRMAN ALDERMAN FIGUEROA cont.:

 

10.  Motion by Alderman Figueroa, seconded by Alderman TenPas to adopt, as presented, an ordinance allowing the amendment to Chapter 18 to allow Asphalt Approaches.

 

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

 

NAYS:  None

 

ABSENT:  None

 

MOTION APPROVED

 

 

 

ADOPT A RESOLUTION TO CORRECT THE DISTRIBUTION OF THE 2005 SHIELDS TOWNSHIP ROAD & BRIDGE TAX

07-O-98

 

 

 

 

 

APPROVED

COMMITTEE REPORTS:

FINANCE COMMITTEE REPORT CHAIRMAN ALDERMAN NEEDHAM:

 

11.  Motion by Alderman Needham, seconded by Alderman TenPas to adopt, as presented, a resolution to return $179.35 in road and Bridge tax, and 51cents interest to the Lake County Treasurer from the Property Tax distribution in September 2007.

 

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

 

NAYS:  None

 

ABSENT:  None

 

MOTION PASSED

 

AWARD THE SLUDGE THICKENER AND #5 SLUDGE COLLECTOR PROJECT

 

 

 

 

 

 

 

 

APPROVED

 

12.  Motion by Alderman Needham, seconded by Alderman TenPas to award the Sludge Thickener and #5 Sludge Collector Project to the lowest qualified bidder Maxim Construction Corporation for $2,171,360.

 

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

 

NAYS:  None

 

ABSENT:  None

 

MOTION PASSED

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

AWARD THE ENGINEERING SERVICES FOR THE SLUDGE THICKENER AND #5 SLUDGE COLLECTOR PROJECT

 

 

 

 

 

 

 

APPROVED

 

 

 

 

 

 

 

 

 

 

 

 

 

 

FINANCE COMMITTEE REPORT CHAIRMAN ALDERMAN NEEDHAM cont.:

 

13.  Motion by Alderman Needham, seconded by Alderman TenPas to award the Engineering Services for the Sludge Thickener and #5 Sludge Collector Project to Malcolm Pirnie Engineering for $104,300.

 

ROLL CALL:  AYES:  Alderman TenPas, Needham, Larsen, Rivera, Cunningham, Balen,

Moisio, Figueroa and Newsome

 

NAYS:  None

 

ABSENT:  None

 

MOTION PASSED

 

APPROVE THE CAYENTA COMPUTER SOFTWARE UPGRADE

 

 

 

 

 

 

 

 

APPROVED

 

14.  Motion by Alderman Needham, seconded by Alderman TenPas to approve the Cayenta Software for the Water Utility Collection & Business License Modules for an amount not to exceed $80,920.

 

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

 

NAYS:  None

 

ABSENT:  None

 

MOTION PASSED

 

 

LABOR RELATIONS COMMITTEE

 

 

 

 

 

 

 

 

 

APPROVED

OLD BUSINESS:

 

15.  Discussion of Labor Relations Committee was moved to New Business to be discussed with Mayor’s Appointments for the City Council Committees.  Brian Grach discussed 2-70 of the Waukegan City Ordinance concerning this issue.

 

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

 

NAYS:  None

 

ABSENT:  None

 

MOTION PASSED

 

 

APPROVE PAYROLL DATED JULY 20, 2007 AND

AUGUST 3, 2007

 

 

 

 

 

 

 

 

APPROVED

NEW BUSINESS:

 

16.  Motion by Alderman Needham, seconded by Alderman TenPas to approve payroll dated July 20, 2007 in the amount of $1,446,558.21 and August 3, 2007 in the amount of $1,478,912.65.

 

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

 

NAYS:  None

 

ABSENT:  None

 

MOTION PASSED

 

 

APPROVE BILLS DATED AUGUST 6, 2007

 

 

 

 

 

 

 

 

APPROVED

NEW BUSINESS cont.:

 

17.  Motion by Alderman Needham, seconded by Alderman TenPas to approve bills dated August 6, 2007 in the amount of $1,530,096.99.

 

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

 

NAYS:  None

 

ABSENT:  None

 

MOTION PASSED

 

BLOCK PARTIES

 

APPROVED

 

18.  Motion by Alderman Newsome, seconded by Alderman Moisio to approve all Block Parties.

 

MOTION PASSED

 

TO ACCEPT AND PLACE ON FILE THE MONTHLY REPORT

 

APPROVED

 

19.  Motion by Alderman Larsen, seconded by Alderman Rivera to accept and place on file the monthly report for the Collector’s Office for June 2007.

 

MOTION PASSED

 

REQUEST PERMISSION FROM GIRL SCOUTS TO SELL MAGAZINE SUBSCRIPTIONS, NUTS AND CHOCOLATE

 

APPROVED

 

20.  Motion by Alderman Cunningham, seconded by Alderman Figueroa to request permission from the girl scouts to sell magazine subscriptions, nuts and chocolate on October 12 through October 28, 2007, cookie sale on February 23 through March 30, 2008 at various sites.

 

 

MOTION PASSED

 

MAYOR’S APPOINTMENTS TO THE WAUKEGAN LIBRARY BOARD

 

APPROVED

 

21.  Motion by Alderman TenPas, seconded by Alderman Needham to re-appoint Fred Woldt, Julie Lundquist and Germain Castellanos to the Waukegan Library Board.

 

 

MOTION PASSED

 

MAYOR’S COMMITTEE APPOINTMENTS

 

 

 

 

 

 

 

 

APPROVED

 

22.  Motion by Alderman TenPas, seconded by Alderman Needham to accept the Committee Appointments, as presented by the Mayor.

 

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

 

NAYS:  Alderman Balen

 

ABSENT:  None

 

MOTION PASSED

 

TO RECONSIDER THE MAYOR’S COMMITTEE APPOINTMENTS

 

APPROVED

 

23.  Motion by Alderman TenPas, seconded by Alderman Needham to reconsider the Mayor’s Committee Appointments.

 

 

MOTION PASSED

 

 

 

 

MAYOR’S COMMITTEE APPOINTMENTS

 

 

 

 

 

 

 

APPROVED

 

 

NEW BUSINESS cont.:

 

24.  Motion by Alderman TenPas, seconded by Alderman Needham to accept the Committee Appointments, as presented by the Mayor.

 

ROLL CALL:  AYES:  Alderman TenPas, Needham, Larsen, Moisio and Newsome

 

NAYS:  Alderman Rivera, Cunningham, Balen and Figueroa

 

ABSENT:  None

 

MOTION PASSED

 

 

ADOPT AN ORDINANCE TO REFLECT LIMITING PARKING

07-O-95

 

 

 

 

 

 

 

 

APPROVED

ORDINANCES/RESOLUTIONS:

 

25.  Motion by Alderman Moisio, seconded by Alderman Figueroa to adopt, as presented, an ordinance to reflect limiting parking to residents with permits only in the 100 Block of Drew Lane.

 

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

 

NAYS:  None

 

ABSENT:  None

 

MOTION PASSED

 

 

DANIEL SHAFFER

3319 JUDY LN

AUDIENCE TIME:

 

26.  He is a cab driver.  He was parked downtown in the front of the bank at the cab stand and was kicked out,  there is no parking in downtown for cab drivers.  (He was referred to Wayne Motley who is in charge of  parking, by Mayor Hyde)

 

GAIL SMALL

2825 GRANDVILLE

 

 

27.  She discussed city parking for Taxi’s.  She has been in the Taxi business for 38 years and is the manager of a cab company.

 

HAROLD BEADLING

1602 BROOKSIDE

 

28.  Discussed issues with the Liquor Licenses.  Do we need anymore Liquor Licenses in this community?

 

 

MARGARET CARRASCO

532 N. LEWIS AVE

 

29.  She is wondering who is running City Hall, is it the Democratic Leadership.  Asked about the 50/50 ticket that were handed out at the last meeting and how the people were denied entry.

 

 

GABRIEL JACKSON

929 NORTH AVE

 

30.  On Thursday, July 26, 2007 at 9:45 pm, she was sitting with her boyfriend and his sister on the corner of Liberty and Oak St, when a police officer came by and started swearing at them for no reason.

 

CHON BUTLER

139 LIBERTY ST

 

 

31.  He was sitting with his girlfriend and sister on the evening of July 26 when an officer came by , rolled down his window and started swearing at them.  The officer told him he was throwing up gang signs and he said he wasn’t doing anything.  The officer told him to be quiet or he would beat him up.  His sister than ran in the house to notify her father.

 

 

 

 

EDWARD PATRICK

139 LIBERTY ST

 

 

 

 

AUDIENCE TIME cont.:

 

32.  He is Chon’s father. On the night of July 26, his daughter ran in the house and said there’s a police officer bothering Chon.  He went outside and the officer asked him if he was on drugs or drunk.  The Police Officer said he was going to take off his uniform and beat up his son in front of him.

 

CATHY BUTLER

139 LIBERTY ST

 

 

33.  She is Chon’s mother, what her son and husband stated is correct.  They were terrified for their safety.  They didn’t know what the officer was going to do.

 

PHILLIP BROWN

222 MCKINLEY

 

34.  He was working on the radio of his car when 3 police officers came up and asked for his driver’s license or they would tow his car.  They pulled the rifles on him and his 9 year old son.  Cops were our friends, not anymore.  He is tired of Police Harassment.

 

 

MOHAMMAD AMAD

222 MCKINLEY

 

 

35.  He lives on the south side and you can’t even step out the house without being harassed by the police, or walk to the store with his daughter without being harassed.  This area is like a jail, I feel like I’m living on a plantation.

 

 

CHRIS BLANKS

409 OAK ST

 

 

36.  Thanked the citizens for coming out tonight and share their complaints.  He would like the 1st Ward Alderman to follow up on these complaints and make sure they aren’t swept under the carpet.  The complaints you have heard are common; the intimidation, harassment and misuse of power.  Police Officers are getting slapped on the wrist, actions taken against police should be publicized.

 

 

JOYCE EVANS

829 MCALISTER

 

 

37.  She worked with Waukegan Police for 30 years, there are good Police Officers on the force.  About 3 weeks ago, she was the victim of police harassment.  It is these younger police officers that are harassing the people.  Loud music is out of hand by where she lives and there is a terrible problem with skunks.  Why were the alleys where she lives turned into one ways?  On 7/23, she was driving and saw that a Police Officer pulled a lady over and when the officer was walking over to her, the lady drove off, so she turned around to see what was going on and the lady was having a seizure, the Police Officer did a fine job in handling the situation.

 

DAN TRAYNOFF

202 S. ELMWOOD

 

38.  He was slandered on the radio, being accused of always being negative.  My taxes are my positive contribution.  I want to see something done with that money.  We need an anti-graffiti program.  He is tired of coming Monday after Monday to the city council meetings to voice his concerns and nothing is being done.  All Alderman Balen cares about is his appointment to the Labor Relations Committee.

 

 

 

ALDERMAN TENPAS

ALDERMEN’S TIME:

 

39.  I am the most Senior Alderman.  Should something happen to the Mayor, his appointment would be selected by seated Alderman.  The Mayor is in good health and is planning to run again.  We need to start cracking down on dead trees in private property and  granting parking variances without council approval.  He would like to see condos on Sheridan Rd, not apartments.  He is disturbed by the complaints of the citizens here tonight.

 

 

 

 

 

 

 

ALDERMAN NEEDHAM

 

 

 

 

ALDERMEN’S TIME cont.:

 

40.  He is disturbed by discussions on the Committee Appointments.  I have served for nine years.  This is the 1st time someone has made an issue about the Labor Relation Committee being a three man board.  Brian Grach is a fine, kind human being and is doing a great job.  We have a fine Police Department.  I am sure that the incident discussed by the citizens will be investigated.

 

ALDERMAN LARSEN

 

41.  No Comment.

 

ALDERMAN RIVERA

 

42.  He is upset by statements concerning Police abuse made by citizens.  Investigation is under way, I’m sure.  There may be bad apples but we will weed them out.  Spray painting will be removed as soon as possible, we do have an anti-grafitti program.  Regarding the dog ordinance in the Aldermen’s package, please look at it.  Thanked the residents of the City of Waukegan.  He had an outing for Asthma Research, it was a huge success.  He had a son that passed away from Asthma.  He has a nebulizer that he would like to give to a family who needs it, so if anyone knows of a family who needs one, please call him or let Isabel in the Mayor’s Office know and she will contact him.

 

ALDERMAN CUNNINGHAM

 

 

 

 

43.  Comment of cab issues, there should be a dress code for cab drivers.  It is part of the cab ordinance, there should be some type of uniform.  He has received several complaints stating cab drivers are sitting in front of the banks and getting out leaving their doors open to talk to other cab drivers., some progress will  be made.  YCC Youthbuild has a great apprenticeship program for youths.  I will keep an eye on these projects.  Comments concerning problems on the south side concerns him.  He will sit down with the Chief and Deputy Chiefs and get to the bottom of  it.  I support the Police, but when one of them steps out of line, we have to address it.  We are going to find answers.  I am sorry this happened.  I promise you that this will be addressed.  Our job as Aldermen is to work for you.

 

ALDERMAN BALEN

 

44.  I have been here for 12 years.  I know in my time I have accomplished more than anyone on this Council.  Mr. Traynoff you haven’t done anything for this City, all you do is come to the meetings to run your mouth.  When you do something positive for this City, than you can come and tell me something.

 

ALDERMAN MOISIO

 

45.  He has been an Alderman for 5 years.  We are going to do what is best for our community.  We have a clear vision for the City and it will continue.  The incident on the south side will be investigated, it will not be tolerated.

 

ALDERMAN FIGUEROA

 

46.  He served with Alderman TenPas in the 70’s in Partisan Politics, very little got done.  There were always Council wars, we are moving in the right direction now.  The 1st major project is coming to Waukegan, we want people living in Waukegan hired for this project.  If we want to combat crime, the people must have confidence in our police department.  We need to resolve this lack of communication, who is causing the problem and who isn’t.  The City lost John Della Valle last week, he was a fair Chief of Police, many issues were handled with fairness.

 

ALDERMAN NEWSOME

 

47.  This past weekend was the 5th ward festival.  Thanked the Mayor, Police Department, Chief Biang, Public Works, Mr. Johnston, Jeff McBride, Park District and many volunteers who spent hours giving out bookbags and school supplies.  Many people from that neighborhood were serviced.

 

 

 

 

 

 

 

 

EXECUTIVE SESSION

 

 

 

 

 

 

 

 

 

APPROVED

 

 

 

 

 

 

CONTINUED:

 

48.  Motion by Alderman Moisio, seconded by Alderman Figueroa that the City Council meeting go into Executive Session to discuss Probable Litigation.  TIME:  10:25 PM

 

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

 

NAYS:  None

 

ABSENT:  None

 

MOTION PASSED

 

RECONVENED