CITY OF KANKAKEE
CITY COUNCIL MEETING
MARCH 2, 2009
7:00 P.M.
MAYOR GREEN: I’d like to call the meeting to order,
please. I’d like to ask Reverend Kathy
Sweet from St. Mark’s United Methodist Church to come up and open our meeting
with a prayer.
REVEREND SWEET: Let us pray.
Gracious and Almighty God, as You bring us together this evening as a
community, we are reminded of how important it is that we work together, how
important it is that we have that common vision of how we can be better and we
pray this evening, not only for our elected officials, but for all community
members that You would give to each of us that vision even in these rough
economic times of how we can make Kankakee a better place to live. It is in the name of the suffering servant
Jesus that we pray. Amen.
MAYOR GREEN: Now, I’d like to ask the men’s varsity
basketball team from Kankakee High School to come up and lead us in our
Pledge. Come on up here guys, a little
closer.
MEN’S VARSITY BASKETBALL TEAM
FROM
KANKAKEE HIGH SCHOOL AND ALL: Pledge of Allegiance
MAYOR GREEN: Thanks, gentlemen. Roll call.
CLERK DUMAS:
PRESENT:
Brown; Hunter; Epstein; Baron; Williams; Ciaccio; Linneman; Diersen;
Jones; Coleman; Cox (11)
ABSENT:
Swanson; Schwade (2)
MAYOR GREEN: Department
Heads.
CLERK DUMAS:
PRESENT: Regnier; Harmon; Doyle; Spice; Bohlen; Power;
Leshen; Simms; Tyson; Shaw; Nolan; Gordon; Bertrand (13)
MAYOR GREEN: Thank
you. Aldermen Coleman, it’s good to see
you back. You have the minutes of the
February 17, 2009, meeting. Do I have a
motion?
ALDERMAN HUNTER: Hearing
no objections from my colleagues, I move they be approved as recorded.
ALDERMAN BROWN: Second.
MAYOR GREEN: Motion
by Alderman Hunter, seconded by Alderman Brown to approve the minutes of the
February 17, 2009, meeting. All in
favor, AYE. Opposed, same sign.
MOTION TO APPROVE CITY COUNCIL MEETING MINUTES OF
FEBRUARY 17, 2009
MAYOR GREEN: Motion
carries. The Chair has no
Petitions. Are there any from the
Floor? We have no Communications. Ah, Standing Committee reports. Public Works.
ALDERMAN BROWN: Minutes
are in the book.
MAYOR GREEN: Planning
and Code.
ALDERMAN EPSTEIN: Minutes
are in the packet.
MAYOR GREEN: Ordinance
Committee.
ALDERMAN DIERSEN: Nothing
further.
MAYOR GREEN: Okay. Report of Officers.
ALDERMAN WILLIAMS: I
move to approve the Report of Officers, place the money into the proper
accounts and pay the bills in the amount of $1,323,119.58.
ALDERMAN CIACCIO: Second.
MAYOR GREEN: Motion
by Alderman Williams, seconded by Alderman Ciaccio to approve the Report of
Officers, place the money in the proper accounts, pay the bills in the amount
of $1,323,119.58. Any questions on any
individual bill? Roll call.
CLERK DUMAS:
AYE: Brown;
Hunter; Epstein; Baron; Williams; Ciaccio; Linneman; Diersen; Jones; Coleman;
Cox (11)
ABSENT:
Swanson; Schwade (2)
REPORT OF OFFICERS APPROVAL OF BILLS $1,323,119.58
MAYOR GREEN: Motion
carries. Next, under Unfinished Business
we have the Neighborhood Reinvestment Incentive Ordinance, the Second
Reading. Is there a motion?
ALDERMAN EPSTEIN: I’m
sorry. I make the motion to place it on
Second Reading.
MAYOR GREEN: Is
there a second?
ALDERMAN HUNTER: Second.
MAYOR GREEN: Motion
by Alderman Epstein, seconded by Alderman Hunter to place this Ordinance on its
Second Reading. Any questions? Roll call.
CLERK DUMAS:
AYE: Hunter;
Epstein; Baron; Williams; Ciaccio; Linneman; Diersen; Jones; Coleman; Cox (10)
ABSTAIN:
Brown (1)
ABSENT:
Swanson; Schwade (2)
SECOND READING
NEIGHBORHOOD REINVESTMENT INCENTIVE ORDINANCE
MAYOR GREEN: Motion
carries. Next, is the Ordinance amending
Article 2-152 which is the Municipal Purchasing of the Municipal Code of the
City of Kankakee, Illinois. Second Reading. Oh, yes, I’m sorry. That’s.........we did not want to.......I’m
going to pull that from the agenda. I
apologize. We discussed that at
Ordinance Committee. We weren’t
satisfied with the reading of that Ordinance yet and I apologize, I didn’t get
it pulled before the books went out.
Then, we’ll go into New Business.
We have a Change Order in the amount of $60,596.46. This is the final billing and completes the
construction of the Administration Building.
We need a motion to approve.
ALDERMAN EPSTEIN: I’ll
make a motion to approve.
MAYOR GREEN: Is
there a second?
ALDERMAN HUNTER: I’ll
second it, but I’m very...........I know there’s questions. That’s a.....
MAYOR GREEN: First
of all, the motion made by Alderman Epstein, seconded by Alderman Hunter.
ALDERMAN HUNTER: Yeah.
MAYOR GREEN: Ah,
to approve the Change Order with Terry Vaughan Construction. Questions?
ALDERMAN HUNTER: That
is a substantial Change Order. That’s
gargantuan in my estimation and I’m not
pleased with such a Change Order. I
understand the specificities as identified in the Change Order narrative, ah,
but I thought he would have done a better job than having to come back at us
with such a substantial change. I know
we have to pay our bills. This indistinguishable,
but I thought he could have done a better job of monitoring this particular
project.
MAYOR GREEN: Mr.
Simms, would you like to respond to that?
RICHARD SIMMS: For
your information, we had, ah, pardon me, we had, I believe five contracts on the
Administration Building. We didn’t use a
general contractor. We split it up into
five individual components–the plumbing, the electrical, HVAC, and Mr. Vaughan
bid on what we call general work which involved the demolition. Part of the demolition work, all the
finishing work, all the carpentry work and the walls, studs and whatnot. Ah, these items have been in discussion with
the architects for–how long have we been in there?– since....
MAYOR GREEN: July.
RICHARD SIMMS: They’ve
been in discussion for almost nine months.
Ah, the items are not in dispute, the work was identified. For the most part, it was a result of
findings once you got into the building.
Ah, we didn’t discuss this early on, but, ah, there’s really no surprise
when you’re remodeling a building of that age that you’ll find things once you
start tearing it apart. Where we have
been discussing with Mr. Vaughan is the cost for this period of time. This is the final resolution. It is less than he was asking for. The architects feel it is a reasonable
amount. The work was performed. I don’t want to misrepresent that.
ALDERMAN HUNTER: So,
we had to haggle with him? indistinguishable haggle with him?
RICHARD SIMMS: Well,
I think a better way to say is we had to.......he had to verify the costs that
were submitted. And, the architects have
worked on that for a period of time. So,
these are reasonable costs for the work performed and the work was needed. And, the work was not anticipated because,
frankly, we’d have had to tear the building apart before we started to find all
of these issues. Now, and, there was one
additional issue and that is, we ended up with a water problem which seeped
into the basement walls. We did have to
have him take the sheet rock off, take the insulation off, and, ah, basically
open that up for ventilation and put the sheet rock back and paint it. So, we authorized that. That was not an oversight. But, we didn’t anticipate the water moving
into those limestone walls. It turns out
they’re very porous. So, I can just
speak to any other specific items. They’re
in detail here. Our attempt was to try
to explain what the work was.
ALDERMAN DIERSEN: I
have a question about number seven, or, number six. Strip wood staircase and trim and
refinish. Isn’t that something that
would have been known prior to now when indistinguishable?
RICHARD SIMMS: The
architects did not call for refinishing the stairwell woodwork and, basically,
we said we wanted it to match and so it became an extra cost.
ALDERMAN DIERSEN: I
would have to agree with Alderman Hunter’s statement. I think this is really an exorbitant Change Order request and to come this late in
the game. I just can’t understand and
like was said, I guess we have to pay our bills. I think maybe the next time, ah, Terry
Vaughan Construction is involved in our architect who’s there, some better
thoughts indistinguishable.
MAYOR GREEN: Alderman
Williams.
ALDERMAN WILLIAMS: Yeah,
Mayor Green, I, ah, I have also fast forwarded to B and I see A and B as a fact
of people throwin’ low ball bids just to get the bid and then they’re back
doorin’ once they get the bid, they’re back doorin’ for more money. I mean this goes on a lot in that industry
and, I thought we woulda’ had more foresight than to allow this to occur. A and B.
ALDERMAN HUNTER: Call
for questions.
MAYOR GREEN: Roll
call.
CLERK DUMAS:
AYE: Brown;
Hunter (I’ll.....I’ll vote aye much to my dismay.); Epstein; Baron;
Ciaccio; Linneman; Diersen ( I will echo Alderman Hunter and vote aye much
to my dismay.); Coleman; Cox (9)
NAY: Williams; Jones (2)
ABSENT:
Swanson; Schwade (2)
CHANGE ORDER NO. 4 IN THE AMOUNT OF $60,596.46 FROM
TERRY
VAUGHAN CONSTRUCTION COMPANY, INC. FOR PROJECT
NO. 0650C, ADMINISTRATION BUILDING REMODELING
MAYOR GREEN: Motion
carries. Next, Dick, you might just want
to stay up here. There might be
questions on this one, too. This one is
the final change order for the Administration Building (Public Safety Building)
across the street and the
explanations are attached therein. We
knew, you know, we knew, again, going into this one that you do.....you do run
into some problems. With this one, this
one is much larger contract and so, the $139,000 in relation to a $6.4 million
contract is.........
RICHARD SIMMS: Right.
Our original hope was, obviously, to have no change orders, but on a
project of this size, it’s over a $6,000,000 contract, 4% in the form of Change
Orders or extras as a result of unforseen or unknown conditions or requested
changes which we have minimized, would not be out of line. So, this takes us just about at 4% of the
contract cost. This additional Change
Order. We did have one Change Order that
was a substantial deduct and we also had a.......
ALDERMAN HUNTER: What?
RICHARD SIMMS: .........we had a substantial deduction on one
Change Order and, in addition, we had an allowance that we put in the Change
Order prior to this one to, ah, to go against the furniture purchase. Some credit.
So, on the whole, it was about $240,000 of extras which is about a 4%
overage overall. Now, one of the items
on here that was overlooked was, some of you remember, the Mayor’s office and
the Comptroller’s office had the old curtained wall of windows systems. Were very old, probably put in in the late
60s, maybe 70s and the architects did not call for replacement. Well, once we sealed that building up and
insulated it was pretty obvious that that was an oversight. So, we told ‘em to go ahead and put in
thermal glass so that the whole building is tight. It wouldn’t make sense with the money we
spent not to, you know, to leave all that area.
That was a substantial part of this one, but everything in here was
verified. I’m not representing the architect
or the contractor that anything’s out of order.
The work was necessary and we authorized the work. And, on the positive side, it looks
very.........very, ah, very sure now that we will have your first meeting in
April in the new building.
MAYOR GREEN: Alderman
Jones. Excuse me, go ahead. Alderman Jones.
ALDERMAN JONES:
On here it says they
finished the floor and fillins in the penthouse and the corridor and then down
at the bottom, they painted the penthouse metal siding and garage doors. What is.......where’s the penthouse?
RICHARD SIMMS: Ah, if you look above.......
MAYOR GREEN: You
don’t want to be there.
RICHARD SIMMS: .....where
the Mayor’s office was.
MAYOR GREEN: You
don’t want to be there, I’ll guarantee you.
RICHARD SIMMS: That’s
an architectural term. It was a
metal-sided housing that sat above the Mayor’s office. It was hidden by the towers in the front
looking from the south. But, from the
north, you could see it. It housed the
air handler and the, ah, boiler. Not the
boiler–the air handler and the air-conditioning system. And, we were able to cram the new system in
there but we had to punch a few holes to get the parts in and so they ended up
repainting that. ‘Cause it was kind of a
faded ugly green.....so...
MAYOR GREEN: What’s
wrong with that?
RICHARD SIMMS: It
made it bright green. So, those, looking
from the north will have a much more consistent view now.
ALDERMAN JONES:
That was a lot of money
on a penthouse.
RICHARD SIMMS: Well,
if we didn’t have that penthouse we would have had to actually build more
structure to house the air handler and the air-conditioning system. That’s where it sits, up on top.
MAYOR GREEN: Dick.
ALDERMAN DIERSEN: You
mentioned that the total Change Orders amounted to how much?
RICHARD SIMMS: $240,000. About 4% of the contract. Original contract.
ALDERMAN JONES:
They didn’t.....
ALDERMAN DIERSEN: Well,
looking at this, I see net change by previous Change Order, $235,000 and now we’re
asking for another $139,000. That’s
$374,000 then on an original contract that’s $6.2 million.
MAYOR GREEN: Right.
ALDERMAN DIERSEN: Which
is about 6%.......quickly calculating.
RICHARD SIMMS: You’re
right. You’re right. I’m sorry.
We were at 4% on the last Change Order.
This is.......you’re absolutely right.
ALDERMAN JONES:
In the original bid,
they didn’t have repair and clean existing marble of the main stairwell. In their original bid, they didn’t have that
down?
RICHARD SIMMS: The
condition on the marble, ah, they didn’t know if they’d have to replace it or
clean it. And, so they left if out of
the contract because had they said replace it and it didn’t need it, it would
have been very expensive, also. It turns
out that cleaning it was a much cheaper alternative. It’s very difficult to specify a contract
that says you might have to A or you might have to do B. But, you have to give us a firm price. So, that’s why that came up. And, in fact, there were several holes in
that marble which we found someone who could actually repair and didn’t have to
replace the marble slabs.
ALDERMAN JONES:
And, this will be
completed when?
RICHARD SIMMS: Ah,
furniture’s supposed to start delivery on the 23rd of this month and
you should have your first meeting in April in that building.
ALDERMAN HUNTER: As
I said we have to pay our bills. This
may be more justified. Move that we
approve the Change Order in the amount of $139,019.48.
MAYOR GREEN: Is
there a second?
ALDERMAN BARON: Second.
MAYOR GREEN: Motion
by Alderman Hunter, seconded by Alderman Baron to approve the Change Order in
the amount of $139,019.48. Any other
questions? Roll call.
CLERK DUMAS:
AYE: Brown;
Hunter; Epstein; Baron; Ciaccio; Linneman; Diersen (Can I ask a question at
this time?
MAYOR GREEN: Sure.
ALDERMAN DIERSEN: And, I think I’ve asked this once
before and I don’t remember what the answer was, but where is this money coming
from? Out of Capital bonds?
MAYOR GREEN:
It’s a capital project fund.
Monies that we have set aside.
This is not out of the General Fund if that’s your question.
ALDERMAN DIERSEN:
We do have money for this?
MAYOR GREEN:
Yes.
ALDERMAN DIERSEN:
Then I’ll vote aye.); Jones (Reluctantly, aye.); Coleman; Cox (10)
NAY: Williams (1)
ABSENT:
Swanson; Schwade (2)
CHANGE ORDER NO. 4R IN THE AMOUNT OF $139,019.48 FROM
HERITAGE DEVELOPMENT AND CONSTRUCTION, INC., FOR
PROJECT NO. 0649, PUBLIC SAFETY CENTER
MAYOR GREEN: Motion
carries. Next, is the, it’s an Ordinance
for a Handicapped Parking at 1170 E. Merchant.
Is there a motion?
ALDERMAN HUNTER: Suspend
the Rules.
MAYOR GREEN: Motion
by Alderman Hunter to Suspend the Rules that would interfere with the passage
of this Ordinance. Second? Is there a second?
ALDERMAN EPSTEIN: I’ll
second.
MAYOR GREEN: Second
by Alderman Epstein. Roll call.
CLERK DUMAS:
AYE: Brown;
Hunter; Epstein; Baron; Williams; Ciaccio; Linneman; Diersen; Jones; Coleman;
Cox (11)
ABSENT:
Swanson; Schwade (2)
MAYOR GREEN: Motion
carries. Is there a motion to put this
Ordinance on its Final Passage and Pass?
ALDERMAN HUNTER: I
so move.
ALDERMAN EPSTEIN: I’ll
second it.
MAYOR GREEN: Motion
by Alderman Hunter, seconded by Alderman Epstein to put this Ordinance on its Final
Passage and Pass. Any questions? Roll call.
CLERK DUMAS:
AYE: Brown;
Hunter; Epstein; Baron; Williams; Ciaccio; Linneman; Diersen; Jones; Coleman;
Cox (11)
ABSENT:
Swanson; Schwade (2)
ORDINANCE AMENDING CHAPTER 32, SECTION 231 ESTABLISHING
A HANDICAPPED PARKING SIGN AT 1170 EAST MERCHANT
STREET
MAYOR GREEN: Motion
carries. Next, under Motions and
Resolutions, the first is a Resolution Authorizing the Acceptance and Execution
of a Grant Agreement from the Illinois Housing Development Authority for the
Homebuyer Program. Is there a motion?
ALDERMAN EPSTEIN: I
make a motion to accept.
ALDERMAN HUNTER: Second.
MAYOR GREEN: Motion
by Alderman Epstein, seconded by Alderman Hunter. This is a monetary Resolution. Roll call.
CLERK DUMAS:
AYE: Brown;
Hunter; Epstein; Baron; Williams; Ciaccio; Linneman; Diersen (Your Honor, I’d
like to ask a question again, if I may.
MAYOR GREEN: Sure.
ALDERMAN DIERSEN: It says that this money will go to
Rehab Rental Properties. Is there to be
a follow up on this to make sure that anybody receiving this money does what
they’re supposed to do with it? We have
so many absentee landlords in this town that are interested in one thing–collecting
their rent. And, they care nothing about
the property. Now, if we give them
additional money, are they just going to take that and run with it?
LARRY NOLAN:
Alderman, I apologize if that language reads that the Homebuyer Program
Grant is for the Rehabilitation of Rental Property, that’s incorrect.
MAYOR GREEN: What
should it say?
LARRY NOLAN:
It’s for the purchase–it’s for the.......for providing assistance to
first-time home buyers in the purchase and the rehabilitation..........and/or
the rehabilitation of those properties that they’re buying. This is for home buyers.
MAYOR GREEN:
So, it is not for rental property.
It’s an incorrect wording in the Resolution.
LARRY NOLAN: Yeah.
I apologize if that’s what’s in there.
ALDERMAN DIERSEN:
Do you see what I’m referring to?
LARRY NOLAN:
No.
ALDERMAN JONES:
Second paragraph.
LARRY NOLAN:
And thank you for bringing that to my attention. I will make sure that that doesn’t happen
again. All right.
MAYOR GREEN: Any
other questions, Richard?
ALDERMAN DIERSEN: No. If that’s the case, if it’s for first-time
home buyers.
MAYOR GREEN: That’s
what it is.
ALDERMAN DIERSEN: I’ll
vote aye.); Jones; Cox (10)
NAY: Coleman (1)
ABSENT: Swanson; Schwade (2)
RESOLUTION AUTHORIZING THE ACCEPTANCE AND EXECUTION OF
A
GRANT AGREEMENT FROM THE ILLINOIS HOUSING DEVELOPMENT
AUTHORITY FOR THE HOMEBUYER PROGRAM
ALDERMAN DIERSEN: Your
Honor.
MAYOR GREEN: Motion
carries. Yes.
ALDERMAN DIERSEN: Now
that this has passed I think there’s some hesitation on the other side of the
room.
ALDERMAN EPSTEIN: Shouldn’t
we have a clarification before we accept this?
I mean I think it sounds as though the wording here is totally
inaccurate so if we could get indistinguishable at this time and ask for
a clarification?
MAYOR GREEN: I
don’t think so because I think we will reword our Resolution putting the
correct wording in which we’ll sign and send back for the grant agreement. I think that.... is that not correct, Larry?
LARRY NOLAN: Yes.
ALDERMAN HUNTER: I
had this marked myself for the meeting.
MAYOR GREEN: Okay,
Larry, as long as you’re here, ah, we’ve got a second one which is to the
Acceptance and Execution of a Grant Agreement from IHDA for the Trust Fund
Modification Program. Do you want to
speak to that issue?
LARRY NOLAN: To
my knowledge, Mayor, that one should be correct and it is for the, ah, the, ah,
Home Modification Program that the City undertakes to modify homes for disabled
individuals throughout the County including the City of Kankakee.
MAYOR GREEN: We
need a motion to accept that grant.
ALDERMAN BROWN: Motion
to approve.
ALDERMAN HUNTER: I’ll
yield to Diersen on the second.
ALDERMAN DIERSEN: Second.
MAYOR GREEN: And,
there’s a second by Alderman Diersen. He’s
going to get you in this yet. Any
questions while Larry’s up here?
ALDERMAN HUNTER: Come
on, Diersen, any questions?
ALDERMAN DIERSEN: No,
I like that one.
MAYOR GREEN: Alderman
Williams.
ALDERMAN WILLIAMS: We’ve
agreed that indistinguishable is
because they’re disabled, right?
MAYOR GREEN: Yes,
that’s correct. Any other
questions? Roll call.
CLERK DUMAS:
AYE: Brown;
Hunter; Epstein; Baron; Williams; Ciaccio; Linneman; Diersen; Jones; Coleman;
Cox (11)
ABSENT:
Swanson; Schwade (2)
RESOLUTION AUTHORIZING THE ACCEPTANCE AND EXECUTION OF
A
GRANT AGREEMENT FROM THE ILLINOIS HOUSING DEVELOPMENT
AUTHORITY FOR THE TRUST FUND MODIFICATION PROGRAM
MAYOR GREEN: The
last Resolution.......excuse me, motion carries. The last Resolution we have is for Kennedy
Drive to be designated as an honorary street for Dr. Martin Luther King. Is there a motion?
ALDERMAN HUNTER: Mayor
Green, I move that we adopt the honorary designation of Kennedy Drive, Dr.
Martin Luther King, Jr. Memorial Drive.
ALDERMAN WILLIAMS: I’ll
second.
MAYOR GREEN: Motion
by Alderman Hunter, seconded by Alderman Williams. Any questions? Alderman Ciaccio.
ALDERMAN CIACCIO: I
was thinkin’ that they oughta’ get Court Street and do that, not Kennedy
Drive. That’s just how my thinking. John F. Kennedy was assassinated and so was
Martin Luther King. I don’t know what
you think about it. I mean Bradley and
Bourbonnais don’t want it. Why should we
do it?
MAYOR GREEN: Maybe
they’ll follow our lead. Aldermen
Williams.
ALDERMAN WILLIAMS: I
could have some input into that. Ah, the
controversy with the people that live on Kennedy Drive was the fact that they
were under the impression, at first, it was going to be a permanent name change
and they would have to change all of their billing and everything that they do
business–they’d have to change that. So,
now this is just an honorary designation so that’s why I think...........
MAYOR GREEN: Alderman,
that’s what we have done with all of ours in the City. We have not changed any street name. We have done it as an honorary designation and
much the same as other communities. I
know Chicago and others do it constantly, so we’re not changing.......
ALDERMAN CIACCIO: Well,
okay.
MAYOR GREEN: .......we’re
not changing Kennedy Drive. It’s still
going to be Kennedy Drive, but this will have a sign below it that says it’s an
honorary designation.
ALDERMAN CIACCIO: Okay. It’s all right with me.
MAYOR GREEN: Thank
you. All in favor, AYE. Opposed, same sign.
HONORARY DESIGNATION OF KENNEDY DRIVE AS DR. MARTIN
LUTHER
KING, JR., MEMORIAL DRIVE
MAYOR GREEN: Motion
carries. Next, any comments or questions
from the Aldermen? And, we have no need
for an Executive Session. I’ll entertain
a motion to adjourn.
ALDERMAN WILLIAMS: So
moved.
ALDERMAN COLEMAN: Second.
MAYOR GREEN: Motion
by Alderman Williams, seconded by Alderman Coleman. All in favor, AYE. Opposed, same sign.
MOTION TO ADJOURN CITY COUNCIL MEETING
MAYOR GREEN: Passed.
7:29 P.M.