CITY OF KANKAKEE

CITY COUNCIL MEETING

NOVEMBER 2, 2009 7:02 P.M.

MAYOR EPSTEIN: I’d like to call the meeting to order, please. I would like to ask Mr. Jim Spice to lead us in prayer.

JAMES SPICE: Shall we pray? Heavenly Father, we thank You for another day of life. We thank You for the way You bless our community and the opportunities that You give us to live and grow here. We just ask then that You’ll be with this assembly, lead, guide and direct the Aldermen and the City Council, our Mayor and the other officials in their.......the conduct of their business. Give us Your wisdom and guidance and just bless our being together tonight. We thank You for all the many blessings You give us in our lives. In Jesus’ name, I pray. Amen.

MAYOR EPSTEIN: Thank you. Alderman Linneman, would you lead us in the Pledge?

ALDERMAN LINNEMAN AND ALL: Pledge of Allegiance.

MAYOR EPSTEIN: Thank you. Roll call, please.

CLERK DUMAS:

PRESENT: Brown; Hunter; Browne, R.; Baron; Williams; Ciaccio; Faford; Swanson; Osenga; Linneman; Jones; Schwade; Davidson; Cox (14)

MAYOR EPSTEIN: Department Heads.

CLERK DUMAS:

PRESENT: Kinkade; Young; Doyle; Spice; Bohlen; Power; Simms; Rodriguez; Gordon; Bertrand (10)

ABSENT: Tyson (1)

MAYOR EPSTEIN: I will entertain a motion to approve the minutes of the October 19, 2009, meeting.

ALDERMAN HUNTER: Mayor Epstein, hearing no objections from my colleagues, I move they be approved as recorded.

MAYOR EPSTEIN: Motion made by Alderman Hunter and seconded by...

ALDERMAN OSENGA: I’ll second.

MAYOR EPSTEIN: Alderman Osenga. All those in favor. Opposed, same sign.

MOTION TO APPROVE CITY COUNCIL MEETING MINUTES OF OCTOBER 19, 2009

MAYOR EPSTEIN: The minutes are approved. I have no Petitions. Are there any Petitions from the Floor? We will move onto Communications. Tonight I am honored that the representatives from the Illinois Association of Chiefs of Police are here this evening to present the accreditation to our City of Kankakee Police Department and Chief Kinkade. So, if you would step forward please.

DAVID BRADFORD: Thank you, madam Mayor and distinguished members of the City Council, elected officials, department heads and residents of the beautiful City of Kankakee. It’s an honor and privilege for us to be here tonight. My name is David Bradford. I am the 2008 President of the Illinois Association of Chiefs of Police, a member of the Illinois Criminal Justice Information Authority, Executive Committee Member of the International Association of Chiefs of Police and I have to put this plug in for my Mayor, most importantly, the Chief of Police in the Village of Glen Carbon, Illinois, which has been voted and chosen by indistinguishable Money Magazine as one of the top 100 places to live in the country. And, Mayor, if you’d be so kind if you happen to run into Mayor Jackstadt.........

MAYOR EPSTEIN: I will tell him that you gave a plug for his community.

DAVID BRADFORD: Thank you very much. If it wasn’t for him and the Village Council, I wouldn’t be able to do some of the things and be involved in the way that I am so, I do like to

MAYOR EPSTEIN: I do. Thank you.

DAVID BRADFORD: The only thing is, I was driving around before it got real dark and I think Kankakee should be in that top 100 list.

MAYOR EPSTEIN: Thank you.

DAVID BRADFORD: Several years ago, ah, the Illinois Association of Chiefs of Police, the Municipal League, the Illinois Criminal Justice Information Authority and the Regional Institute for Community Policing and the Institute for Public Safety Partnerships banded together and after discussions, decided that the State of Illinois needed to do something to recognize law enforcement level of professionalism in this state with the thought in mind that every citizen in the State of Illinois is entitled to a specific level of standardization of professional police indistinguishable. And, with that thought in mind, the Illinois indistinguishable Program began. It’s been in development for several years. It became a reality earlier this year and I’m not going to take up a lot of time by reading this, but I hope that at some point in time, everyone does get the opportunity to do that. And, before we make the presentation, I would like to recognize the 2009 President of the Illinois Association of Chiefs of Police, the Chief of Police of Sherman, Illinois, Chief Eric Smith. And, the lead assessor for the City of Kankakee, George Carpenter. Mayor, if you would permit, I would like to read just the last paragraph.

MAYOR EPSTEIN: Absolutely.

DAVID BRADFORD: The Illinois Police Executive has made this commitment to verify professional excellence. indistinguishable exposing their agency to indistinguishable and rigorous assessment process conducted by independent outside assessors and it is in the judgement of the accreditation council that the policies, procedures and daily routines of this police agency are in full compliance with the professional standards of modern law enforcement that have been adopted by the Illinois Accreditation Council. It is with great pleasure and honor that we present this award to the City of Kankakee and to Police Chief Mike Kinkade as the first agency in the State of Illinois to be accredited by the Illinois Law Enforcement Accreditation Program.

MAYOR EPSTEIN: Chief Kinkade, don’t go sit down. We’d like you to say a couple of words.

MICHAEL KINKADE: Well, I just . . . I want to thank the, ah, the Chiefs of Police for all their work on this. I know it’s been a number of years–probably close to ten years–that this has been in development. And, I’m proud that Kankakee was the first city in the State of Illinois. It’s also a tribute to the City Council and to the Mayor that you agreed to go through this process. It was a tough process. The officers did a great job here and our lead manager–accreditation manager–Lt. Matt Adamson, did an excellent job also. So, I want to thank Chiefs indistinguishable It is a great honor for us.

MAYOR EPSTEIN: I know I speak for all of the Aldermen in the City of Kankakee on how proud we are of this accomplishment. I know how difficult this was. It was a very rigorous procedure that the City Police Department had to follow. And, we are honored to have the quality of police officers in the City and I am more than pleased to be here tonight and to witness this and thank you again for all your efforts. And, thank you all for coming tonight. We appreciate it and we are honored to be the first city in the State of Illinois. So, thank you. The next item under Communications is a letter thanking us from Sun River Terrace for the fire engine that we surplused to that community. We also had.........I need a motion to accept the letter of resignation from Richard Diersen as a member of the Kankakee County Building Commission. Do I have a motion to accept with regret that resignation?

ALDERMAN BROWN: So moved.

ALDERMAN SCHWADE: I second it.

MAYOR EPSTEIN: Motion made by Alderman Carl Brown and seconded by Alderman JoAnne Schwade. All those in favor, aye. Opposed, same sign.

MOTION TO ACCEPT RESIGNATION OF RICHARD DIERSEN FROM

THE KANKAKEE COUNTY BUILDING COMMISSION

MAYOR EPSTEIN: Motion carries. Standing Committees. Planning and Code. Alderman Swanson.

ALDERMAN SWANSON: Information’s in the packet.

MAYOR EPSTEIN: Thank you. Public Works. Alderman Brown.

ALDERMAN BROWN: Just need to make one correction in the minutes and that is on the last page where it says, motion to adjourn by Alderman indistinguishable and a second by Alderman Brown. That should read, Alderman Faford. that made the motion.

MAYOR EPSTEIN: My copy says Alderman Faford.

ALDERMAN BROWN: The last.

MAYOR EPSTEIN: Oh, the very last one. Okay.

ALDERMAN BROWN: Yes.

MAYOR EPSTEIN: And, the change is to Alderman Faford.

ALDERMAN BROWN: Yes, yes, that is correct. Other than that, the information...

MAYOR EPSTEIN: Thank you.

ALDERMAN HUNTER: Mayor Epstein, if you could go back to Communications, I have an oral communication from the Floor. I’d just like to remind all the Aldermen that tomorrow we’ll have the Public Safety meeting over at the KanKom offices at 5:15. Just want to remind you of that and it’s my understanding that refreshments shall be served. So, I think it’s fitting and proper for those of you who are not on the Public Safety Committee to attend. And, we will go on a little tour and Tammi will provide us with some information regarding the functions of the KanKom so I would encourage all the City Council to attend that meeting tomorrow at 5:15. Tammi Peterson will be there, ah, so I encourage everybody to come.

MAYOR EPSTEIN: Thank you, Alderman Hunter. Report of Officers. Do I have a motion to approve the bills?

ALDERMAN WILLIAMS: Move to approve the Report of Officers, place the money into the proper accounts and pay the bills in the amount of $1,905,366.02.

ALDERMAN CIACCIO: Second.

MAYOR EPSTEIN: Motion made by Alderman Williams, seconded by Alderman Ciaccio. Are there any questions? Hearing none, roll call, please.

CLERK DUMAS:

AYE: Brown; Hunter; Browne, R.; Baron; Williams; Ciaccio; Faford; Swanson; Osenga; Linneman; Jones; Schwade; Davidson; Cox (14)

REPORTS OF OFFICERS APPROVAL OF BILLS - $1,905,366.02

MAYOR EPSTEIN: Motion carries. Thank you. Under New Business, we have several Ordinances to discuss or to pass tonight. The first is the Ordinance Amending Section 4-13 of the City Code of the City of Kankakee. You’ll notice that this is a listing of all of the liquor licenses that are currently current in the City of Kankakee. Periodically, we need to just approve them and that is on the agenda for tonight. Do I have a motion to Suspend the Rules?

ALDERMAN HUNTER: Motion to Suspend.

MAYOR EPSTEIN: Motion made by Alderman Hunter.

ALDERMAN BROWN: Second.

MAYOR EPSTEIN: Seconded by Alderman Brown to Suspend the Rules that would interfere with the passage of this Ordinance. Roll call.

CLERK DUMAS:

AYE: Brown; Hunter; Browne, R.; Baron; Williams; Ciaccio; Faford; Swanson; Osenga; Linneman; Jones; Schwade; Davidson; Cox (14)

MAYOR EPSTEIN: Motion carries. Do I have a motion to put this Ordinance on its Final Passage and Pass?

ALDERMAN HUNTER: Move we place this Ordinance on its Final Passage and Pass.

MAYOR EPSTEIN: Motion made by Alderman Hunter, seconded by.........

ALDERMAN BROWN: Second.

MAYOR EPSTEIN: Alderman Brown. Are there any questions? Roll call, please.

CLERK DUMAS:

AYE: Brown; Hunter; Browne, R.; Baron; Williams; Ciaccio; Faford; Swanson; Osenga; Linneman; Jones; Schwade; Davidson; Cox (14)

ORDINANCE AMENDING SECTION 4-13 OF THE CITY CODE

OF THE CITY OF KANKAKEE

MAYOR EPSTEIN: Motion carries. The next Ordinance also dealing with a City liquor license is the–we needed to amend the Class B license. We are amending the square footage allowable to an entity to sell liquor to 10,000 square feet and we are also establishing the fee for the Class B liquor license to be $3,1250.00. Do I have a motion to Suspend the Rules?

ALDERMAN HUNTER: I so move.

MAYOR EPSTEIN: Motion made by Alderman Hunter, seconded by........

ALDERMAN BROWNE: Second.

MAYOR EPSTEIN: Alderman Rich Browne. Roll call, please.

CLERK DUMAS:

AYE: Brown; Hunter; Browne, R.; Baron; Williams; Ciaccio; Faford; Swanson; Osenga; Linneman; Jones; Schwade; Davidson; Cox (14)

MAYOR EPSTEIN: Motion carries. Do I have a motion to put this Ordinance on its Final Passage?

ALDERMAN BARON: Mayor I just have a quick question.

MAYOR EPSTEIN: Yes.

ALDERMAN BARON: What was the minimum square footage previously?

MAYOR EPSTEIN: I believe the requirement was 13,000.

ATTORNEY BOHLEN: 17,000.

MAYOR EPSTEIN: 17,000.

ATTORNEY BOHLEN: Before this, when the Class B originally originated, it started at 20,000 and was modified to accommodate the Aldi’s construction. Quite frankly, we’ve never modified it to accommodate CVS which is less than 17,000 and this will accommodate CVS and the three Walgreen stores that have requested to come back on line selling alcohol.

ALDERMAN BARON: Thank you.

MAYOR EPSTEIN: Any other questions? Alderman Jones.

ALDERMAN JONES: What was the fee before and what is the reason that it was changed?

MAYOR EPSTEIN: No, it’s the same. It’s just included in the Ordinance. We’re just approving the fee. Any other questions? Okay. A motion to put this Ordinance on its Final Passage and Pass?

ALDERMAN HUNTER: I so move.

ALDERMAN BROWNE: Second.

MAYOR EPSTEIN: Alderman Hunter has made the motion, Alderman Browne has seconded. Roll call.

ORDINANCE AMENDING SECTION 4-47(B) OF THE CITY CODE

OF THE CITY OF KANKAKEE

MAYOR EPSTEIN: Motion carries. The next Ordinance is a technical amendment. We wanted to make sure that the City Code Ordinance, as well as the Fire Department, were compatible when it came to the implementation of a fire alarm system and a sprinkler system in either new construction or in a 50% of a building was being rehabbed, it had to follow the same parameters. We had conflicting Ordinances, or conflicting codes and this is putting us all on the same page so the Fire Department and the Code Department are working under the same information. Do I have a motion to Suspend the Rules?

ALDERMAN BROWN: Motion to Suspend the Rules that interfere with the passage of this Ordinance.

MAYOR EPSTEIN: Motion made by Alderman Brown, seconded by........

ALDERMAN SWANSON: Second.

MAYOR EPSTEIN: Alderman Swanson. Roll call, please.

CLERK DUMAS:

AYE: Brown; Hunter; Browne, R.; Baron; Williams; Ciaccio; Faford; Swanson; Osenga; Linneman; Jones; Schwade; Davidson; Cox (14)

MAYOR EPSTEIN: Motion carries. Do I have a motion to put this Ordinance on its Final Passage?

ALDERMAN BROWN: Motion to put this Ordinance on Final Passage and Pass.

MAYOR EPSTEIN: Motion made by Alderman Carl Brown, seconded by.......

ALDERMAN SWANSON: Second.

MAYOR EPSTEIN: Alderman Swanson. Are there any questions?

ALDERMAN BROWN: I just have one question. Because I did have an incident before where the local Ordinance and the State Marshall–the State Inspector–is that right? The State Fire Marshall?

RONALD YOUNG: Fire Marshall.

ALDERMAN BROWN: Yeah. Is this what this means? We don’t care about that?

RONALD YOUNG: They’ll also be compatible at this point. They all had some problem with our local Ordinance, I believe.

ALDERMAN BROWN: Oh, okay.

MAYOR EPSTEIN: That’s why we’re doing this. To make them compatible. Answer your question?

ALDERMAN BROWN: Yes, it does.

MAYOR EPSTEIN: Okay. I believe we’re at the roll call.

CLERK DUMAS:

AYE: Brown; Hunter; Browne, R.; Baron; Williams; Ciaccio; Faford; Swanson; Osenga; Linneman; Jones; Schwade; Davidson; Cox (14)

ORDINANCE MAKING TECHNICAL AMENDMENT TO ORDINANCE

07-114

MAYOR EPSTEIN: The next item on the agenda is–oh, I’m sorry–motion passes. The next item on the agenda is we are declaring property surplus from the Kankakee Fire Department. You’ll notice that the property that’s being declared are radios. Part of our Capital Expenditure this year allowed for new radios to be purchased in the Fire Department so we are surplusing the oldest and we are replacing them with new radios. Do I have a motion to Suspend the Rules?

ALDERMAN HUNTER: Motion to Suspend the Rules.

MAYOR EPSTEIN: Motion made by Alderman Hunter, seconded by.........

ALDERMAN OSENGA: Second.

MAYOR EPSTEIN: Alderman Osenga to Suspend the Rules. Roll call, please.

CLERK DUMAS:

AYE: Brown; Hunter; Browne, R.; Baron; Williams; Ciaccio; Faford; Swanson; Osenga; Linneman; Jones; Schwade; Davidson; Cox (14)

MAYOR EPSTEIN: Motion carries. Do I have a motion to place this Ordinance on its Final Passage?

ALDERMAN BARON: I so move.

ALDERMAN OSENGA: Second.

MAYOR EPSTEIN: Motion made by Alderman Baron, seconded by Alderman Osenga. Are there any questions? Hearing none, roll call.

CLERK DUMAS:

AYE: Brown; Hunter; Browne, R.; Baron; Williams; Ciaccio; Faford; Swanson; Osenga; Linneman; Jones; Schwade; Davidson; Cox (14)

ORDINANCE DECLARING CERTAIN PROPERTY SURPLUS OF THE

CITY OF KANKAKEE – KANKAKEE FIRE DEPARTMENT – AND

AUTHORIZING THE SALE THEREOF

MAYOR EPSTEIN: Motion carries. Earlier in the evening we accepted the resignation of Mr. Diersen from the County Planning Commission. I would like to appoint Alderman Dennis Baron to fill that position. Do I have a motion to approve?

ALDERMAN BROWNE: So moved.

ALDERMAN SCHWADE: I second it.

MAYOR EPSTEIN: Motion made by Alderman Rich Browne, seconded by Alderman Schwade.

ALDERMAN HUNTER: What ever.......

MAYOR EPSTEIN: I think Mr.....Alderman Brown has a question.

ALDERMAN BROWN: I have a question. I think he’s over qualified.

MAYOR EPSTEIN: Well I think that it’s a–actually, Alderman Baron is very interested in serving on that commission and I think he will serve us very well.

ALDERMAN BROWN: But, that’s what he does is serve all the time. I want to comment to you on your recommendation. I think that’s a good choice.

ALDERMAN SCHWADE: And, Mayor, is he good with construction?

MAYOR EPSTEIN: Well, I’m not sure about that.

ALDERMAN BARON: Expertise.

MAYOR EPSTEIN: Everyone brings something different to the table. He will bring his legal mind and his love for the City of Kankakee. I think we’ve had a motion. Okay, we need a voice vote. All those in favor. Opposed same sign. Thank you.

MOTION TO APPOINT DENNIS BARON TO

KANKAKEE COUNTY BUILDING COMMISSION

MAYOR EPSTEIN: Motion carries. Motions and Resolutions. We have a permit for proposed curb and sidewalk improvements. That is being done–I call it the Farmer’s Market parking lot, downtown Kankakee. The City in conjunction with KDC, we are rehabbing that parking lot and this is some curb work that needs to be done in conjunction with that rehab. Do I have a motion to approve?

ALDERMAN JONES: Motion to approve.

ALDERMAN SCHWADE: I second it.

MAYOR EPSTEIN: Motion made by Alderman Jones and seconded by Alderman Schwade to approve the Resolution. All those in favor. Opposed same sign.

RECOMMENDATION TO ACCEPT THE HIGHWAY PERMIT AND

RESOLUTION FOR PROPOSED CURB AND SIDEWALK IMPROVEMENTS

TO MERCHANT STREET – TEI JOB NO. E08048

MAYOR EPSTEIN: Motion carries. I do not have an Executive Session for tonight. I would like to remind, before you leave, all of the Aldermen, that we have a Budget Committee meeting next Monday night at 5:15. It will be held in Council Chambers rather than in the Administration Building. It will be a dinner meeting. This meeting was–is being held at the request of the Budget Committee. All Aldermen are invited. We will have more extensive meeting on the budget. Please let Nancy know if you plan on attending that meeting so we can have the proper amount of food for those of you in attendance. I expect the meeting to last probably until 7:00. Do I have any other questions or concerns from the Aldermen?

ALDERMAN BROWN: Yes, Mayor.

MAYOR EPSTEIN: Alderman Brown.

ALDERMAN BROWN: I would just like to tell the Aldermen that this coming Thursday on License and Franchise meeting, we do have Comcast coming in. If you have a concern or if you have issues that are not addressed from your residents in your Ward, it’s a good opportunity to come and ask questions, receive updates, because I think they are the only one from License and Franchise that we have not talked with. So, they will be here this coming Thursday at 5:15 over at the Conference Room. Thank you.

MAYOR EPSTEIN: Thank you. Also, as a reminder on the Budget meeting, if you have any specific items that you would like addressed at that meeting, please make sure that you let Mr. Spice know so we can add those to the agenda. I need a motion to adjourn,

ALDERMAN WILLIAMS: So moved.

MAYOR EPSTEIN: Motion made by Alderman Williams, seconded by..........

ALDERMAN BROWNE: Second.

MAYOR EPSTEIN: Alderman Browne. All those in favor. Opposed.

MOTION TO ADJOURN CITY COUNCIL MEETING

MAYOR EPSTEIN: We are adjourned.

7:26 P.M.