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

November 19, 2007 at 8:45P.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 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 REGULAR MEETING AND EXECUTIVE SESSION MINUTES OF

NOVEMBER 5, 2007

 

 

APPROVED

 

MINUTES:

 

1. Motion by Alderman Newsome, seconded by Alderman Larsen to approve Regular Meeting and Executive Session Minutes of   November 5, 2007.

 

 

 

MOTION PASSED

 

PRESENTATION BY THE FIRE DEPARTMENT

 

2.  The Fire Department Combat Challenge Team was introduced, they finished 10th in the world. The Waukegan Fire Department team members included Lt. Joel Verbrick-Team Captain, Deputy Chief Steven Orusa, Lt. George Bridges, Firefighters; Gregg Paiser, Todd Zupec, Chad Gonwa, Al Ramos, Jeff Koch and Tom Clasen.

 

 

 

 

REPORT ON INTERNAL INVESTIGATIONS

 

 

COMMITTEE REPORTS:

PUBLIC SAFETY COMMITTEE REPORTS CHAIRMAN ALDERMAN RIVERA:

 

3.  Police Chief Biang gave an oral presentation on the Department of Professional Standards, Internal Investigations.

 

TO REFLECT LIMITING PARKING TO RESIDENTS WITH PERMITS ONLY ON MARTIN LUTHER KING JR AVE

 

HELD OVER

 

4.  Motion by Alderman Rivera, seconded by Alderman Cunningham to reflect limiting parking to residents with permits only on Martin Luther King Jr. Ave, between Ravine and McKinley.

 

 

 

 

HELD OVER BY ALDERMAN CUNNINGHAM

 

 

 

TO ADOPT A RESOLUTION  AGREEING TO INDEMNIFY THE STATE OF ILLINOIS

07-R-123

 

 

APPROVED

COMMITTEE REPORTS:

PUBLIC SAFETY COMMITTEE REPORTS CHAIRMAN ALDERMAN RIVERA cont.:

                                                 

5.  Motion by Alderman Rivera, seconded by Alderman Larsen to adopt, as presented, a resolution agreeing to indemnify the State of Illinois for Photo Enforcement Equipment attached to IDOT facilities.

 

 

 

MOTION PASSED

 

DOWNTOWN PARKING STRATEGY RECOMMENDATIONS

07-O-124

 

 

 

 

 

 

APPROVED

 

6.  Motion by Alderman Rivera, seconded by Alderman Larsen to adopt, as presented, the ordinance accepting the Downtown Parking Strategy Plan .

 

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

 

NAYS:  None

 

ABSENT:  None

 

MOTION PASSED

 

C.C. DRAFT AN ORDINANCE TO REFLECT LIMITING PARKING IN FRONT OF 842 LENOX AVE

 

APPROVED

 

7.  Motion by Alderman Rivera, seconded by Alderman Cunningham that Corporation Counsel draft an ordinance, to amend the ordinance to reflect limiting parking in front of 842 Lenox Avenue to handicapped parking only.

 

 

MOTION PASSED

 

TO ACCEPT THE GRANT AWARD FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA)

 

 

 

 

 

APPROVED

                                                   

8.  Motion by Alderman Rivera, seconded by Alderman Larsen to accept the grant award fro the Federal Emergency Management Agency (FEMA) in the amount of $268,700.00 for the purchase of new Self Contained Breathing Apparatus (also know as SCBA or Air Packs) and required accessories.   As this is an 80/20 grant award, acceptance would require funding from the City of Waukegan in the amount of $53,740.00 while the federal share would be $214,960.00.  As part of this project, we are therefore requesting permission to initiate the bid process in accordance with existing city policies.

 

 

MOTION PASSED

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

INFORMATION ONLY

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

COMMITTEE REPORTS:

PUBLIC SAFETY COMMITTEE REPORTS CHAIRMAN ALDERMAN RIVERA cont.:

 

INFORMATION ONLY:

                                                            Police Department

 

9.  Public Auction of Seized Property     

The proceeds from the auction on October 6, 2007 were $4,323.92.  The check has been deposited in the General Fund.

 

Promotions      

The Waukegan Police Department has promoted Officer Marc Jackson to Sergeant of Police and Adam Sanchez to Chief Animal Warden.

 

                                                              Fire Department

 

Hazardous Devices Vehicle        

The Waukegan Fire Department  has now placed into service the Hazardous Devices (Bomb) Vehicle.  The vehicle will be on display outside of City Hall for viewing immediately both preceding and following the Public Safety Committee meeting.  There will also be a representative available to answer any questions that there may be.

 

Fire Department Fitness Competition     

Officers and Firefighters from the Waukegan Fire Department have competed in the Firefighters Combat Challenge World Championships held in Las Vegas, Nevada during the week of November 5-9, 2007.  The firefighters from the City of Waukegan were able to be amount the world’s elite again, as the team finished in 10th place overall.  Members from the team were present at the City Council Meeting.          

         

 

 

 

TO ACCEPT THE GLADSTONE AVENUE LICENSE AGREEMENT

 

 

REFER TO JUDICIARY

COMMITTEE REPORTS:

PUBLIC WORKS COMMITTEE REPORTS CHAIRMAN ALDERMAN TENPAS:

 

10.  Motion by Alderman TenPas, seconded by Alderman Rivera to accept the Gladstone Avenue License Agreement with Ferro Pfanstiehl and with Corporate Counsel’s approval.

 

 

 

REFERRED TO JUDICIARY COMMITTEE BY MAYOR HYDE

 

APPROVE CHANGE ORDER #1 AND FINAL FOR CONTRACT 2007-28-BLANCHARD ROAD IMPROVEMENTS

 

 

 

 

 

 

APPROVED

 

11.  Motion by Alderman TenPas, seconded by Alderman Needham to approve Change Order #1 and Final for Contract 2007-28-Blanchard Road Improvements in the amount not to exceed $29,223.20, which is a 12% increase over the original amount.

 

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

 

NAYS:  None

 

ABSENT:  None

 

MOTION PASSED                                  

 

 

 

 

 

 

TO ACCEPT THE ENGINEERING PROPOSAL FOR CONTRACT 2007-41-FORMER DIAMOND SCRAP YARD PROPERTY

 

 

 

 

 

 

 

APPROVED

 

 

 

 

PUBLIC WORKS COMMITTEE REPORTS CHAIRMAN ALDERMAN TENPAS cont.:

 

12.  Motion by Alderman TenPas, seconded by Alderman Rivera to accept the Engineering Proposal for Contract 2007-41-Former Diamond Scrap Yard Property for the Lake County Brownfield Grant with Deigan & Associates of Waukegan in an amount not to exceed $25,000, which half will be paid by Lake County.

 

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

 

NAYS:  None

 

ABSENT:  None

 

MOTION PASSED

 

TO ACCEPT THE ENGINEERING PROPOSAL FOR CONTRACT 2007-40-T-K LANDFILL CAP ENHANCEMENT PROJECT

 

 

 

 

 

 

 

APPROVED

 

13.  Motion by Alderman TenPas, seconded by Alderman Rivera to accept the Engineering Proposal for Contract 2007-40-T-K Landfill Cap Enhancement Project from STS Consultants in an amount not to exceed $69,520 to prepare the study and design, which half will be paid by Lake County.  The T-K Landfill is located in the Lake County Gardens Subdivision IV.

 

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

 

NAYS:  None

 

ABSENT:  None

 

MOTION PASSED

 

TO APPROVE CHANGE ORDER #1 FOR CONTRACT 2007-34-UNDERGROUND STORAGE TANK REMOVAL

 

 

 

 

 

 

 

APPROVED

 

14.  Motion by Alderman TenPas, seconded by Alderman Rivera to approve Change Order #1 for Contract 2007-34-Underground Storage Tank Removal at 4 S. Genesee Street, Tsarpalas Enterprises is requesting $2,742.50 for the extra work that was needed.

 

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

 

NAYS:  None

 

ABSENT:  None

 

MOTION PASSED

 

TO WAIVE THE FORMAL BIDDING PROCEDURE AND ACCEPT THE LOW QUOTE FROM CLIFFORD WALD

 

 

 

 

 

 

 

APPROVED

 

15.  Motion by Alderman TenPas, seconded by Alderman Rivera to waive the formal bid procedure and accept the low quote from Clifford Wald in an amount not to exceed $9,645.00, for Contract 2007-42-Purchase of a new Replacement Scanner .

 

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

 

NAYS:  None

 

ABSENT:  None

 

MOTION PASSED

 

 

APPROVE PAYROLL DATED NOVEMBER 9, 2007

 

 

 

 

 

 

 

 

APPROVED

NEW BUSINESS:

 

16.  Motion by Alderman Needham, seconded by Alderman TenPas to approve payroll dated November 9, 2007 in the amount of $1,445,224.44.

 

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

 

NAYS:  None

 

ABSENT:  None

 

MOTION PASSED

 

APPROVE BILLS DATED NOVEMBER 19, 2007

 

 

 

 

 

 

 

 

APPROVED

 

17.  Motion by Alderman Needham, seconded by Alderman TenPas to approve bills dated November 19, 2007 in the amount of $2,126,534.84.

 

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

 

NAYS:  None

 

ABSENT:  Alderman Balen

 

MOTION PASSED 

 

TO ACCEPT AND PLACE ON FILE THE MONTHLY REPORT

 

 

APPROVED

 

18.  Motion by Alderman Figueroa, seconded by Alderman Moisio to accept and place on file the monthly report for the City Clerk’s Office and the Collector’s Office for October 2007.

 

 

MOTION PASSED

 

TO ALLOW THE ATTORNEY FOR LIBERTY TAX SERVICE TO SPEAK

 

 

APPROVED

 

19.  Motion by Alderman TenPas, seconded by Alderman Figueroa to allow Carl Halperin, the attorney for Liberty Tax Service to speak.

 

 

 

MOTION PASSED

 

SIGN VARIANCE APPEAL FOR LIBERTY TAX

 

 

APPROVED

 

20.  Motion by Alderman TenPas, seconded by Alderman Cunningham to table the sign variance appeal for Liberty Tax Service at 446 N. Green Bay Rd.

 

 

MOTION PASSED

 

 

 

 

 

 

 

 

 

 

 

 

 

TO ADOPT AN ORDINANCE AMENDING THE CODE OF ORDINANCES

07-O-120

 

 

 

 

 

 

 

APPROVED

 

 

 

 

 

 

 

 

 

 

 

NEW BUSINESS cont.:

 

21.  Motion by Alderman Rivera, seconded by Alderman TenPas to adopt, as presented, an ordinance amending the Code of Ordinances of the City of Waukegan regarding “Licenses and Miscellaneous Business Regulations”.

 

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

 

NAYS:  None

 

ABSENT:  None

 

MOTION PASSED

 

 

TO ADOPT AN ORDINANCE APPROVING A CONDITIONAL USE PERMIT

07-O-121

 

 

 

 

 

 

 

 

APPROVED

ORDINANCES/RESOLUTIONS:

 

22.  Motion by Alderman Figueroa, seconded by Alderman Cunningham to adopt, as presented, an ordinance approving a Conditional Use Permit for a nightclub at 17 N. Genesee St.

 

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

 

NAYS:  None

 

ABSENT:  None

 

ABSTAIN:  Alderman Newsome

 

MOTION PASSED

 

TO ADOPT AN ORDINANCE APPROVING THE REAL ESTATE PURCHASE OF 1219 INDIANA

07-O-122

 

 

 

 

 

 

APPROVED

 

23.  Motion by Alderman Newsome, seconded by Alderman Balen to adopt, as presented, an ordinance approving the Real Estate purchase of 1219 Indiana from HUD.

 

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

 

NAYS:  None

 

ABSENT:  None

 

MOTION PASSED

 

 

DIANE VERRATTI

630 W. GROVE AVE

AUDIENCE TIME:

 

24.  Last week, Waukegan sponsored another main street event at Bistro 17, 100 people attended.  I attended the main street conference in Danville, we were designated 1 out of 6 in three events.  Teddy Anderson won Director of the year award.  December 1 is the Holiday event downtown at 1:00, Mayor Hyde will be reading stories to the children.

 

CHRIS BLANKS

409 OAK ST

 

 

 

 

 

 

25.  There are some descent officers are out there, but when you have two bad officers doing bad, it makes it bad for all of them.  The stats provided by Chief Biang were good, but who provided those stats?  (Chief Biang replied, Stats were provided by Internal Investigations of the Waukegan Police Department)  Our Citizens are no longer trusting our police force, therefore, we need an Independent Committee to do investigations.

 

 

 

ALDERMAN TENPAS

ALDERMEN’S TIME:

 

26.  The City Council listens to the public and I don’t see what it accomplishes.  Audience Time is a time for Show Time.  The Genesee Theatre needs to get promoted, the new Director and staff are excellent.

 

ALDERMAN NEEDHAM

 

27.  The Lake Michigan water low level plans are in the works to move the water out west.

 

ALDERMAN LARSEN

 

 

28. Grant money helps to pay for things that help in the safety of our Fire Department.  It’s unfortunate that some of the Fire Department personnel don’t realize their heads look out for them and try to make their workplace safer.  Congratulated Teddy Anderson for her award.  Comcast is making a mistake by increasing their fees, competition will be hitting the streets soon.

 

 

ALDERMAN RIVERA

 

29.  Thanked Chief Gallagher for his hard work, he is well respected.  Chief is always thinking about his men and public safety.  He provides the best equipment for his men.  Our Police Department is one of the best around.  We sometimes make mistakes, all the departments have their own issues.  Thanked the City for helping the Puerto Rican Society with their health fair.  This is the 4th annual Making Christmas Possible, it is sponsored by the Code Compliance Department.  If you would like to help out, you can contact Wendy Beshel or Elena Lenz in Code Compliance.

 

ALDERMAN CUNNINGHAM

 

30.  Thanked Chief Biang for improving the complaint process.  He was doing a research with his daughter in 1993 about the PCB cleanup.  Our harbor was very contaminated prior to 1993.  One million pounds were removed from the Waukegan Harbor, so why is it still there?  How is it that we spent 21 million dollars then, and we’re spending money now.  According to the 93 study, our harbor is clean. I would like to wish all the families a Happy Thanksgiving.

 

 

 

ALDERMAN BALEN

 

31.  He is disappointed, after not hearing anyone on the council comment on what was on the newspaper November 10.  It is disgraceful that on November 9, Fire Department personnel appeared in front of this building protesting the administration of the Fire Department.  The former Fire Union President doesn’t even live in our community.  Resents the fact, that the union president has an issue with the Fire Chief.    We are lucky to have the Chief that we have.  We need to send a letter to the International Fire Union in Washington in support of our Chief.  I’d like to make a motion to send a letter to Washington in support of our chief. 

Motion by Alderman Balen, seconded by Alderman Rivera to send a letter to Washington supporting our Fire Chief. (Alderman Rivera withdrew his 2nd to the motion at Chief Gallagher’s request not to send the letter).

 

ALDERMAN MOISIO

 

32.  All politics aside.  I have a nice Thanksgiving story.  A couple of weeks ago I lost my wallet.  A couple of hours later, I received a call from a gentleman that spoke very broken English, he told me he had my wallet and he was in front of Tacos El Norte.  I went down there and he gave me my wallet.  I gave him a reward, he didn’t want to take it, but I forced it upon him.  There are good hearted people around.

 

ALDERMAN FIGUEROA

 

33.  He attended the first show at Genesee Theatre on Friday, when he came out every car had a ticket on them.  Is this a new policy?  We want to bring people downtown, not keep them away.

 

 

ALDERMAN NEWSOME

 

34.  I would like to wish everyone a Happy Thanksgiving.

 

 

 

EXECUTIVE SESSION

 

 

 

 

 

 

 

 

 

 

APPROVED

 

CONTINUED:

 

35.  Motion by Alderman Moisio, seconded by Alderman Figueroa that the City Council Meeting go into Executive Session to discuss pending litigation, real estate sales and real estate leases.  TIME:  10:55 PM

 

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

 

NAYS:  None

 

ABSENT:  None

 

MOTION PASSED

 

RECONVENED

 

36.  The City Council Reconvened. TIME:  12:12 AM

 

ROLL CALL:  PRESENT:  Aldermen TenPas, Needham, Larsen, Rivera, Cunningham, Balen, Moisio, Figueroa and Newsome

 

ABSENT:  None

 

ADJOURNMENT

 

 

 

 

APPROVED

 

37.  Motion by Alderman Moisio, seconded by Alderman Newsome that the City Council Meeting Adjourn.  TIME:  12:15 AM

 

 

 

MOTION PASSED