CITY OF KANKAKEE

CITY COUNCIL MEETING

MAY 16, 2011        7:00 P.M.

 

MAYOR EPSTEIN:   Id like to call this meeting to order.  Could we have it quiet, please?  Thank you.  Id like to ask Pastor Ben Seyden from Riverside Baptist Church to come forward and lead us in the prayer.  Pastor must not be here.  Alderman Thompson, would you like to lead us in prayer?

 

ALDERMAN THOMPSON: Father, we thank You right now God.  We thank You even for this day, God.  We thank You for the strength that Youve given us, God.  We even thank You for the City officials that You give the wisdom and the strength and the knowledge to do as You would on today, God.  And, well forever give Your name the glory, the honor and the praise.  In Jesus name we pray.  Amen.

 

MAYOR EPSTEIN:   Thank you.  This is always a special Council meeting when we have the graduates from Kankakee School District Speech Therapy classes.  They always have, ah, at the end of the school year part of their reward is to come forward and to lead the Council in the Pledge. 

 

JENNIFER KRAVAT:           Ah, my name is Jennifer Kravat.  Im the speech/language coordinator from Kankakee School District and I just want to thank the Mayor and the City Council for allowing our speech and language graduates to come in the month of May.  In our profession, its Better Hearing and Speech Month, so theres no better way to let our kids use their good communication skills that theyve used or theyve learned and come and say the Pledge with you.  So, thank you.

 

ZIYON ARMSTRONG, MATEO BOSNICH, STEFANI CALVA,

BRITNEY CRAFT-WILLS, RILEY HOEKSTRA, MILTON

HUDSON, TYREANNA JARRETT, NOAH MILLER, EONE

MOSLEY-MCCARTY, YARIZZA PINA, KEMIA SMITH,

ROBERT SWIFT, WARREN THOMAS, CHRISTINAROSE THOMAS,

AND TEWAINE WICKS - GRADUATES OF KANKAKEE

SCHOOL DISTRICT 111 SPEECH THERAPY CLASS AND ALL:       Pledge of Allegiance

 

MAYOR EPSTEIN:   Thank you.  Okay.  Again, I would like to thank the school district and the children and the parents for coming out tonight.  Its always special to see their accomplishments at the end of the school year.  Roll call, please.

 

CLERK DUMAS:

PRESENT:   Brown; Hunter; Browne, R.; Baron; Thompson; Tall (Via Telephone); Faford; Swanson; Osenga; Linneman; Stokes; Jones; Davidson; Cox (14) 

 

MAYOR EPSTEIN:   Department Heads, please.

 

CLERK DUMAS:

PRESENT:   Gerard; Young; Spice; Bohlen; Power; Simms; Tyson; Banasiak; Cross; Gordon; Bertrand; Yohnka (12)

 

MAYOR EPSTEIN:   Thank you.  I will entertain a motion to approve the minutes of the May 2, 2011, meeting.

 

ALDERMAN HUNTER:        Are there any exclusions that you guys noticed, any amendments, anything left out of the minutes as submitted?  Hearing no objections, I move they be approved as recorded.

 

ALDERMAN OSENGA:       Second.

 

 

MAYOR EPSTEIN:   Motion by Alderman Hunter, seconded by Alderman Osenga to approve the minutes of the May 2, meeting.  All those in favor, aye.  Opposed, same sign.

 

MOTION TO APPROVE CITY COUNCIL MEETING MINUTES OF MAY 2, 2011

 


MAYOR EPSTEIN:   The minutes are approved.  Moving onto Petitions, the first item A is information only.  Item B is an application by Russel Jensen requesting a conditional use permit to establish and operate a crematorium on the property commonly known as 2450 Grinnell Road.  The first item is Findings and Recommendations of the Planning Board.  Do I have a motion to accept? 

 

ALDERMAN BROWNE:      Mayor, before we do that, could I ask Mr. Jensen a question?  I talked with some of the folks out there and they did pose one question that Id like answered if thats possible.

 

MAYOR EPSTEIN:   I would prefer it if we would have a motion and then we could ask for questions. 

 

ALDERMAN BROWNE:      So moved.

 

ALDERMAN HUNTER:        Well, I assume its in the 7th Wardbased upon the testimony of the information I have hereusually comes from that particular ward where the Petition is sited.

 

MAYOR EPSTEIN:   Well, Mr........Alderman Browne, would you like to ask your question?

 

ALDERMAN BROWNE:      Yes.  Mr. Jensen, are you here?

 

MR. JENSEN:           Yes.

 

ALDERMAN BROWNE:      One of the residents asked me a specific question so Id like you to respond to that if you could.

 

MR. JENSEN:           Sure. 

 

ALDERMAN BROWNE:      There was a, ah.........

 

MAYOR EPSTEIN:   Use the mic.

 

ALDERMAN HUNTER:        We didnt ask you Mr. Shapiro, we asked Mr. Jensen.

 

JERRY SHAPIRO:    Okay.

 

ALDERMAN HUNTER:        Okay, thank you.

 

NANCY SMITHBERG:          Could he use the mic?

 

ALDERMAN BROWNE:      There was a question over the property being used for boat storage and antique cars knowing thats a single use permit, I think it would help if you reassured them that that would not be the case, that other things would not be in there.  Is that correct?

 

MR. JENSEN:           Thats correct.

 

MAYOR EPSTEIN:   Mr. Jensen, would you use the microphone, please, so it can be recorded?

 

MR. JENSEN:           Ah, the original thought was, you know, I do restore old cars.  I have some old cars and the thought was, originally, that I would be able to store some there, but I was made aware last month that that wasnt going to be the case and thats fine.  Ill do whatever is necessary.

 

ALDERMAN BROWNE:      And, there was one other question I had.  Can you, you know, the other Council members and myself, the outside of the building, can you just tell me a little bit about the construction on the outside of the building, what the walls are going to be made of  and that type of thing.  There was some concern that this was just going to be a tin shed so I hear and so on, so maybe you can ease some of that concern by telling us a little bit about that.

 

MR. JENSEN:           Okay, well per Code, the sides that face the street are going to have four feet of brick all the way around it.  As far as the outside, it is going to be the steel on the outside.  But, itll have the brick.  Its going to look like a professional building.  Ah, I know it doesnt look great.  Its looked bad for years and Im sorry for that.  Ah, but I want to get it done; I want it to look  nice.  In my business, people are going to be coming to me.  Theyre going to be signing paperwork, theyre going to be picking up cremains and theyre not going to come to my business if it looks trashy.  So I think it needs to be nice enough kept in order to survive.


 

MAYOR EPSTEIN:   Thank you.

 

ALDERMAN HUNTER:        Did Mr. Jensenand Im not going to belabor this, but I have some statements to make about that.  You said, you were just advised last month about the vehicles being on the property is a violation of, ah, of ah, our policy.  Is that correct?

 

MR. JENSEN:           No, Im talking about in the future.

 

ALDERMAN HUNTER:        No.  No.  You said you were just advised last month that it wasnt appropriate to have cars there.

 

MR. JENSEN:           No, that the single use permit wasnt going to be for that.  Thats what I was talking about.

 

ALDERMAN HUNTER:        Let me say this then.  You know you have been cited year after year after year.  Take a look at the file, the legal file as well as the Code Enforcement file on that particular, and that propertys been in disrepair for some period of time.  But, Im going to get to that when I make those statements regarding what transpired at the Planning Board meetings, two Planning Board meetings which were held recently.  But, I thought I heard you, ah, say that you were just advised last month that you couldnt have old cars on your property. 

 

MR. JENSEN:           I thought........I thought.

 

ALDERMAN HUNTER:        And, I can go to the record and get that clarified.

 

MR. JENSEN:           I know, we should.  Because I thought what he asked was, when the building is done.  Thats what I thought that was all about.  I mean, we can go through the records of the original meeting.  

 

ALDERMAN HUNTER:        Well, I know what I heard and I know what you said.  That typifies, you know, what has transpired in the past in terms of what you said you were going to do and you have not done it by virtue of all the different citations youve received on that property.  Page after page after page after page.  Five, six code officials have given you citations on this particular  matter.  And, we dont think youre going to be a very good corporate citizen.  We dont really think that.  But anyway, theres not been a motion from the 7th Ward to approve the findings of fact.

 

 

MAYOR EPSTEIN:   I understand that, Alderman, but anyone can make a motion to accept.  Mr. Jensen.  Are you done with Mr. Jensen?  So he can be seated.

 

ALDERMAN HUNTER:        Oh, yeah.  Im done.

 

MR. JENSEN:           Thank you.

 

MAYOR EPSTEIN:   Ah, remember, you can vote to not accept the findings, also.  So, do we have a motion to proceed?

 

ALDERMAN HUNTER:        Motion to........motion to denyto not to accept the findings of fact.  However, let me say this and I assume theres going to be a second.  Where are the findings of fact? 

 

MAYOR EPSTEIN:   The findingsthe Planning Board ruled in favor of the conditional use.........

 

ALDERMAN HUNTER:        And, also, all the minutes of the Planning Board.  I didnt get mine in my book.

 

MAYOR EPSTEIN:   Alderman.

 

CLIFF CROSS:         They are provided.

 

ALDERMAN HUNTER:        Who got em?  Anybody get em?  Anybody get em?

 

CLIFF CROSS:         And, they were also available online.


 

ALDERMAN HUNTER:        And, youre asking us to approve this and we dont have the findings of fact?

 

ALDERMAN BROWN:         indistinguishable

 

CLIFF CROSS:         indistinguishable a larger copy of the minutes.

 

ALDERMAN HUNTER:        Nothing against you, Mr. Cross.  Im just saying that theres nothing that we have in our possession that speaks to the minutes.  There were two Planning Board meetings in which they was inundated with people who were, ah, against that particular petition by Mr. Jensen.  I havent seen them.  I looked in my book and I dont have them.

 

MAYOR EPSTEIN:   Alderman, if youll look at the agenda, it says that the minutes are available in the Clerks office and they were also available, I believe, on line.

 

CLERK DUMAS:      On the website from the previous meeting.

 

ALDERMAN HUNTER:        I tell you what.  Who has seen the findings on line?

 

ATTORNEY BOHLEN:         Alderman, the findings are in your agenda.

 

 

ALDERMAN HUNTER:        Well, in terms of the, ah, excuse me.  Who has seen the minutes of those Planning Board meetings?  Can I see a raise of hands whos seen those minutes?  Please.

 

CLIFF CROSS:         You have seen the previous.......first meetings minutes because you approved them last month.

 

ALDERMAN HUNTER:        No, I dont think so.  We did......

 

CLIFF CROSS:         indistinguishable April meeting.  March meeting minutes were made available last month.

ALDERMAN HUNTER:        No.  No.  No. Thats not true.

 

CLIFF CROSS:         And at the Council meeting it was approved.

 

ALDERMAN HUNTER:        Did anybody read the minutes of either Planning Board meetings on this matter?  Can I see a raise of handsplease.  Anybody who has seen the Planning Board minutes on this matter, please raise your hands.  Is there anybody....

 

ALDERMAN FAFORD:       We got something.........

 

ALDERMAN HUNTER:        ...well, something?

 

ALDERMAN FAFORD:       I see the findings in here.

 

ALDERMAN HUNTER:        Well.......

 

MAYOR EPSTEIN:   Alderman, this is all.......you all have the opportunity to vote either way on this item.  I know its a contentious issue.  You can vote to postpone.

 

ALDERMAN BROWN:         I second his motion.

 

MAYOR EPSTEIN:   Alderman Hunter has made a motion to deny the findings of the Planning Board.  Alderman Carl Brown has seconded that motion.  Is there any other discussion?

 


ALDERMAN HUNTER:        Yes, theres substantial discussion and a vote to aye is to affirm my motion.  In other words, you vote with me on my motion.  Those elected officials from the 7th Ward do not accept the findings of fact where were promulgated and voted upon at the Planning Board.  Id just like to pose some time and if I would with the Councils permission to speak on this particular matter.  As youve heard, theres a conditional use permit being requested, ah, by Mr. Russel Jensen.  And, thats to establish and operate a crematorium.  Mr. Cross, Id like to ask you a couple questions and Id like some responses from you on this particular matter.  Are you aware of this request?

 

CLIFF CROSS:         Yes, I am.

 

ALDERMAN HUNTER:        Okay. Ah, and how many Planning Board meetings has this matter been on the agenda?

 

CLIFF CROSS:         Two.

 

ALDERMAN HUNTER:        Okay.  Ah, were there proponents there?

 

CLIFF CROSS:         Yes, there were.

 

ALDERMAN HUNTER:        Would it be a fair statement to say that there were many more opponents for this request?

 

CLIFF CROSS:         Well, ah, yeah, I mean, based on the petitions submitted, I wold say yes.

 

ALDERMAN HUNTER:        Answer yes or no.  Is your answer yes or no?

 

CLIFF CROSS:         Yes.

 

ALDERMAN HUNTER:        So, your answer is that there were more opponents to this particular petition as opposed to those who were for it? 

 

CLIFF CROSS:         Yes.

ALDERMAN HUNTER:        Ah, do you recall taking a look at the record when this first thing came up?  There was a permit issued initially for a warehouse, I think 1407 and also the record goes back even further than that in terms of Mr. Jensen was wanting to do.  Mr. Cross, also, Id like to pose a question to you.  Do you recall that the, ah, first Council meeting in May, at the open microphone at 6:30, ah, were there opponents who spoke at that particular venue?

 

CLIFF CROSS:         Yes.

 

ALDERMAN HUNTER:        Okay.  Were there any proponents that spoke at that meeting?

 

CLIFF CROSS:         I do not recall of any.

 

ALDERMAN HUNTER:        There were not.  There were none.  Mr. Banasiak.......thank you very much, Mr. Cross.  Mr. Banasiak.

 

JIM BANASIAK:        Yes.

 

ALDERMAN HUNTER:        You are the Director of Code Enforcement, is that a correct statement?

 

JIM BANASIAK:        Yes.

 

ALDERMAN HUNTER:        Ah, how many years of overall professional services in the code enforcement area do you possess?

 

JIM BANASIAK:        Approximately 19.

 

ALDERMAN HUNTER:        Nineteen.  And, theyve been varied and you received a lot of certifications in that particular arena?

 

JIM BANASIAK:        Yes, sir.

 

ALDERMAN HUNTER:        And, thats probably why you were selected by the Mayor to represent the City in that particular position, is that correct?

 

JIM BANASIAK:        I would hope so.

 


ALDERMAN HUNTER:        Ah, did you receive, ah, a unanimous vote when you were appointed with the advice and consent of the Council?

 

JIM BANASIAK:        I dont know.

 

ALDERMAN HUNTER:        Yes, you were. 

 

JIM BANASIAK:        Thank you. 

 

ALDERMAN HUNTER:        There were no adverse votes regarding your confirmation unlike the previous one.  Ah, I was, I think, the Lone Ranger on that.  Ah, are you familiar with the location in question?

 

JIM BANASIAK:        Yes, sir.

 

ALDERMAN HUNTER:        Okay.  For the record, does the Code file date back to 2006?

 

JIM BANASIAK:        Yes.

 

ALDERMAN HUNTER:        Okay, referring to the file, Mr. Banasiak, has the owner of record, Mr. Russel Jensen, been cited on or issued tickets on numerous occasions for code violations?

 

JIM BANASIAK:        Yes.

 

ALDERMAN HUNTER:        For tall grass, garbage, weeds, ah, boat parked on grass?  Would that be fair?  Is that correct?

 

JIM BANASIAK:        Yes.

 

ALDERMAN HUNTER:        Grass in the fence lines, is that correct?

 

JIM BANASIAK:        Yes.

 

ALDERMAN HUNTER:        Inundated with, ah, weeds?

 

JIM BANASIAK:        Yes.

 

ALDERMAN HUNTER:        Ah, and it goes on and on and on.  Is that a correct statement?

 

JIM BANASIAK:        Yes.

 

ALDERMAN HUNTER:        Ah, is it a fact that, ah, DPW has cut the grass on that property in question?

 

JIM BANASIAK:        Yes.

 

ALDERMAN HUNTER:        And, they have been cited for violations?

 

JIM BANASIAK:        Yes.

 

ALDERMAN HUNTER:        Ah, I cant recall how many times that propertys been cut by the Department of Public Works, but it has been numerous.  Additionally, there have been numerous violations cited on the property in question.  I know I may be repeating myself, but is that a fair statement?

 

 JIM BANASIAK:       Yes.

 

ALDERMAN HUNTER:        Ah, referring to the record, Mr. Banasiak, ah, is it a fact that approximately six Code OfficersI kind of counted them up isnt it a fact that approximately six Code Officers, if not more, have inspected or issued citations on this property?   Taking a look at the record, ah,  there are entries made by any number of the Code personnel.  Benoit, Dale, Williamson, Felton, ah, it goes on and on and on in terms of, ah..........are those your people who work for you, right?


 

JIM BANASIAK:        Yes.

 

ALDERMAN HUNTER:        And they issued tickets in this.......on this property?

 

JIM BANASIAK:        Yes.

 

ALDERMAN HUNTER:        There were not frivolous tickets were they?

 

JIM BANASIAK:        Ah, they were Code violations.

 

ALDERMAN HUNTER:        Okay.  Ah, violations of City policy?

 

JIM BANASIAK:        City Ordinances.

 

ALDERMAN HUNTER:        Oh, Ordinances.  Ordinance is a law, is that correct?

 

JIM BANASIAK:        Yes.

 

ALDERMAN HUNTER:        So they were violations of the law?

 

JIM BANASIAK:        Yes.

 

ALDERMAN HUNTER:        Okay.  Okay.  Thank you very much.  I think Im done with that. 

 

ALDERMAN BROWNE:      Can I ask a question?  Were those fines paid?

 

JIM BANASIAK:        To be quite honest with you, I dont know if they were paid or not.  My record doesnt show that. 

 

MAYOR EPSTEIN:   Are they any other questions?

 

ALDERMAN HUNTER:        Im still not done yet.  Mr. Powers, Id like to pose a question to you.  Ah, you are the Assistant Corporation Counsel for the City of Kankakee.  Is that correct?

 

ATTORNEY POWER:          Yes. 

 

ALDERMAN HUNTER:        And, at one particular period of time, you and Mr. Gordon were physically located over at that.....at Code in terms of overseeing the different actions of that Department, is that correct?

 

ATTORNEY POWER:          Yes, thats right.

 

ALDERMAN HUNTER:        Mr. Gordon, is that correct?

 

JAMES GORDON:   Correct.

 

ALDERMAN HUNTER:        Ah, Mr. Powers, how long have you been..........when did you pass the bar in the State of Illinois?

 

MAYOR EPSTEIN:   Come on, SteveAlderman.

 

ATTORNEY POWER:          In 1970.

 

ALDERMAN HUNTER:        In 1970.  So that.......it appears that you have, ah, the requisite expertise, ah, for performing the job in which youve been appointed to.  Is that correct?

 

ATTORNEY POWER:          Ah, yeah.

 

ALDERMAN HUNTER:        About forty-one years.  Ah, and I assume youre, youre aware of the record on this property.

 

ATTORNEY POWER:          Im familiar with this file, yes.


 

ALDERMAN HUNTER:        Ah, you may not be able to answer this question, but I........give it your best.  Are you aware of the man hours you and other City departments have extended or expended on this property?  I know you can probably speak for yourself, but maybe not the Code Department.  But, youve spent a lot of time on this particular matter havent you?

 

ATTORNEY POWER:          Yeah, I think theres been a lot of City time used on this particular parcel.  

 

ALDERMAN HUNTER:        Okay, I....I got a question and I want you to be able to respond.  You have the record with you I assume.  I advised you that maybe.........

 

ATTORNEY POWER:          Yeah, you asked me to bring the file.

 

 

ALDERMAN HUNTER:        Right.

 

ALDERMAN HUNTER:        Ah, wanted to speak to a document which speaks to the Order of Demolition.  It speaks to the property in question here.  Ah, its an Order of Demolition, ladies and gentlemen.  And, it speaks to the court has jurisdiction over the subject matter hereof and the parties thereto.  That property described in the complaint in relation to, gives a pin number, etc., it gives the commonly known address as 2450 Grinnell Road, Kankakee, Illinois, is in a state of disrepair and is dangerous and unsafe building located within the corporate limits of the City of Kankakee, Plaintiff herein.  That the court further finds that the building is in a state of disrepair and this dangerous and unsafe building that is not practical to repair said building to make compliance with the Housing Code of the City of Kankakee and therefore said building should be demolished forthwith.  Thats the defendant now talking about the petitioner.  The defendants have been given ample time to repair said premises and bring it into compliance with the City code.  That it would be impractical to repair said premises.  It is therefore ordered adjudged and decreed that the judgement is hereby entered in favor of the plaintiff.   Thatsyou guys are the Plaintiffs. City of Kankakee, Illinois, an Illinois Municipal Corporation, and against the Defendant(s), and the Plaintiff is hereby authorized to demolish said building at the expenses of Defendant(s); and that the City of Kankakee be reimbursed by the Defendant(s); and the City of Kankakee is absolved from any liability caused by said demolition.  It is further ordered that the cost of such demolition incurred by the City of Kankakee......shall be superior to all-prior existing liens and encumbrances, except for taxes.  This order is a Finable and Appealable Order.   And, it was prepared by L. Patrick Power.  Is that you?

 

ATTORNEY POWER:          It is.

 

ALDERMAN HUNTER:        Okay.  And, entered, ah, 7/27/2010 and it is Judge Susan Sumner Tungate.  Is that an official record?

 

ATTORNEY POWER:          Yes, thats the, ah, Order of Demolition that was entered on July 27.......

 

ALDERMAN HUNTER:        And, what........why.....

 

ATTORNEY POWER:          .........of last year.

 

ALDERMAN HUNTER:        Yeah, why did you push for this demolition, sir?

 

ATTORNEY POWER:          Well, I filed the complaint to demolish some months before this judgement was entered.  Mr. Jensen was duly served with summons.  He failed to appear.

 

ALDERMAN HUNTER:        Oh, I didnt quite hear that.

 

ATTORNEY POWER:          He failed to appear.

 

ALDERMAN HUNTER:        Oh, he failed to appear.

 


ATTORNEY POWER:          Thats correct.  Ah, I had several conversations with him.  Ah, he indicated he wanted to fix it up, but he never did and he never followed through on it, so finally on July 27 of 2010, the demolition order was entered.  Prior to that, there were several other things

complaints, Ordinance violations and so forth filed against him.  There was also weeds on the property that still are there, unsatisfied, for grass mowing and other things.

 

ALDERMAN HUNTER:        And, did you.........ah, counselor, could you further describe this order of default that also was, ah,.........?

 

ATTORNEY POWER:          Well, he failed to appear within the time required by statute and so, ah, thats the legal process, you move to default.

 

ALDERMAN HUNTER:        Um huh (affirmative). 

 

ALDERMAN BROWNE:      May I ask I a question?  As long as were talking about this, lets say..... indistinguishable being said......

 

ALDERMAN BROWN:         Thats not in order.

 

MAYOR EPSTEIN:   Alderman, this is not a forum.

 

ALDERMAN BROWNE:      I understand.  But, Im trying to understand if Im going to vote on this, why I should vote for it if your........this propertys going to be demolished.  And, can I ask why we didnt demolish it?

 

MAYOR EPSTEIN:   First of all, I think we have to understand the process here.  We had an Order to Demolish, but I think you also have to be clear that this particular case went before the Planning Board.  Thats the process.  The Planning Board heard the case for a conditional use permit to construct or to finish constructing this use out there.  Ah, the Planning Board heard all the testimony and obviously voted in favor.  Those recommendations come to the Council.  It is your opportunity to either accept what they said or to deny it. 

 

ALDERMAN HUNTER:        You Council members who are duly elected by the people of the City of Kankakee and your respective wards, are to vote upon this particular matter.  The Planning Boards recommendations are advisory meaning that they can advise or report to us what they want to.  We do not have to be a rubber stamp.  We are not rubber stamps of any particular department, individuals in this City of Kankakee.  Understand that.

 

ALDERMAN BROWNE:      I think we do, Steve.  I dont think that was the issue.  But, what Im trying to say is, I would like to have a little bit more information on this because Steve brings up some very good points.

 

ALDERMAN HUNTER:        And, you never knew about this stuff, did you?  You never heard about it, did you?

 

ALDERMAN BROWNE:      You bring up.............

 

ALDERMAN HUNTER:        But, somebody called you and said vote for it.

 

ALDERMAN BROWNE:      These things were brought up, but what my point was, Id like to have the person at least have a chance to respond to these things on why he did they not do as the City had asked.

 

MAYOR EPSTEIN:   Ah, I dont know whether Mr. Cross can answer if those questions were asked and answered at the Planning Board.  And, if they were, then maybe the appropriate activity tonight would be to remove this from the agenda and you can certainly read the minutes of the Planning Board and then make a decision based on those minutes, their recommendations and your personal opinions on whether this should be granted or not.  Were the questions asked and answered at the Planning Board?

 

 

ALDERMAN HUNTER:        I have one more group of questions to pose to an official whos here this evening.  My seat mate, ah, Alderman Carl Brown, who represents the 7th Ward and the location in question thats before the Council here, in other words, before the Planning Board.


 

MAYOR EPSTEIN:   Alderman, before you speak, could we have Mr. Cross answer the questions, please?

 

CLIFF CROSS:         There were multiple questions that were brought up during two Planning Board meetings.  They ranged from property maintenance issues which we talked about here tonight for the usage that you talked about here tonight.  They also addressed concerns with environmental issues and storm runoff issues.  They were all addressed and they will all be located within your minutes from those Planning Board meetings.  And, I think the Mayors recommendation is definitely a sound one if you are concerned with that, the best way to find out what we discussed will be to read those minutes.

 

ALDERMAN HUNTER:        But, let me say this, you know, in all honesty, you know, had we not, ah, said anything this evening, you guys were going to vote on this thing.  You know, without all the facts.  And, Mr. Cross, with all due respect, sir, you did not convey everything that transpired.  There were so many minutes at those meetings that we were never provided with those minutes.  Understand that. 

 

CLIFF CROSS:         Alderman Hunter, I cannot speak to the minutes.  All I know is, during the meetings, there were multiple questions that came up that ranged from the environmental issues, building code issues, property maintenance issues to landscaping issues.  And, the Planning Board addressed those questions during those monthly meetings.  They further considered the request based on those questions and responses.  They also considered the fact which includes the underlying indistinguishable and comprehensive plan which was adopted by this Council.  Future land use is identified in that comprehensive plan which is industrial, bear in mind.  In addition, the underlying zoning district is I-2, heavy industrial.  That is the most intense zoning district within this municipal boundaries.  Mr. Jensen has followed the process to apply for a conditional use permit, bring that request before the Planning Board and seek the recommendation for approval or denial which ultimately does come before you.  And, you are correct.  You are the ultimate authority to make that decision.  And, I hope that you make the most informed decision indistinguishable.

 

ALDERMAN HUNTER:        Thats what I..............Mr. Cross, I agree with you.

 

CLIFF CROSS:         I have no objection to pulling it from the agenda.  

 

ALDERMAN HUNTER:        And, you have.......

 

ALDERMAN BROWN:         You have a motion and second on the Floor.

 

MAYOR EPSTEIN:   Thats correct.

 

ALDERMAN BROWN:         I would like to call for the question.

 

ALDERMAN HUNTER:        One other thing before.  I need to ask Alderman Brown something and then we can vote on it.

 

MAYOR EPSTEIN:   Alderman Carl Browne or Alderman Rich Brown?

 

ALDERMAN HUNTER:        Alderman Carl Brown.  The one who represents the 7th Ward.

 

MAYOR EPSTEIN:   Once you said, Carl, I knew which one you were talking about.

ALDERMAN BARON:          Mayor, I would move to Table the issue.

 

MAYOR EPSTEIN:   Ah, we have a motion to Table the issue from Alderman Baron.  Do I have a second?

 

ALDERMAN SWANSON:   Ill second it.

 

MAYOR EPSTEIN:   Seconded by Alderman Danita Swanson to second this issue.  Roll call.

 

CLERK DUMAS:


AYE:   Brown (Pass) Hunter; ( ALDERMAN OSENGA: Mayor are we voting to Table this?  MAYOR EPSTEIN:  Yes.  ALDERMAN HUNTER: No discussion on motion to Table.  Alderman Osenga:  Its getting confusing here. 

MAYOR EPSTEIN: Well, hes just clarifying the motion, Alderman.  The motion is to Table.  ALDERMAN OSENGA: Okay, thank you.); Browne, R.; Baron; Thompson; Tall (Motion to deny.  ALDERMAN HUNTER: Thats a motion to Table, Tyler.  ALDERMAN TALL.  Yes); Faford; Swanson; Osenga; Linneman; Stokes; Jones; Davidson (12)

NAY: Brown (Im going to vote with Alderman Cox.  Im going to say no, too.); Cox (2) 

 

MOTION TO TABLE FINDINGS AND RECOMMENDATIONS B10-11 AN

APPLICATION BY RUSSEL JENSEN REQUESTING A CONDITIONAL USE

PERMIT TO ESTABLISH AND OPERATE A CREMATORIUM AT THE

PROPERTY COMMONLY KNOWN AS 2450 GRINNELL ROAD

 

MAYOR EPSTEIN:   The motion to Table passes.  Thank you.

 

ALDERMAN HUNTER:        Thank you.

 

MAYOR EPSTEIN:   Moving onto Communications.  Item A, we have a presentation, I believe fromis Pastor Garcia here?  I dont see him tonight.

 

ALDERMAN DAVIDSON:   Mayor, Mayor.

 

MAYOR EPSTEIN:   Yes.

 

ALDERMAN DAVIDSON:   I spoke with Pastor Garcia.  He wanted me to inform he had a conflicting engagement.  He would ask if he could be........make his presentation at the next City Council meeting. 

 

MAYOR EPSTEIN:   We would be happy to place him on the agenda for the next Council meeting, Alderman.  Thank you.  Ah, do we have a presentation this evening from Big Brothers and Big Sisters?  Would you like to come forward, please?  Good evening.

 


COLLEEN DAVIS:   Good evening and thank you very much for having me here this evenings City Council Madam Mayor.  Appreciate the opportunity.  My name is  Colleen Davis and I am the Development Officer for Big Brothers/Big Sisters and we are new to Kankakee.  We just started covering this wonderful County as of January 1, this fiscal year.  So, were very excited to be in the community and, ah, get to know Kankakee better.  I would be remiss if I didnt thank a special friend of ours at Centrue Bank for donating office space to us, Big Brothers/Big Sisters.  We, of course, run a very tight budget, like the City, of course, and, ah, were very grateful to them for allowing us space there at their beautiful bank in downtown Kankakee.  So, were allowed two provider programs to residents of Kankakee.  Im going to keep this brief because I know you have a large agenda and your time is very valuable.  Think of the word hero.  What comes to mind?  A father.  A mother.  A brother. A sister.  An aunt.  An uncle.  A special friend in the community.  How many of you have had at least one positive role model in your life?  Everybody.  Good. Good.  There are children in our communities that dont have that special gift.  Have you ever thought about being a role model in your community?  Think of being that one person a child looks up to.  A hero.  A hero, a mentor, a role model.  The one thing that ties them together is change.  By being one of these, you can change a childs life.  A childs life forever.  And, what Im here tonight to ask the City Council is two things.  One, is to be an advocate for us at Big Brothers and Big Sisters and to let the community know that we need adult volunteers for the kids in your community that dont have heros.  We ask something very simple of them to just be 18 years or older.  And, they pass a simple background check, of course, cause safety is number one at Big Brothers/Big Sisters.  And, then we ask them for a year to spend just one yeartwelve monthsone percent of their time to make 100% difference in a childs life.  We all saw the beautiful little boys and girls that were here this evening to give us the Pledge.  Theres so many children in the community that need positive role models in their life.  And, through the studies that weve done from all of the matches that weve made at Big Brothers/Big Sisters, we know that when a child is in our program, they are less likely to use drugs.  Less likely to use alcohol.  More likely to get to school on time and not be absent.  So, were creating change in the community one child at a time.  So, thats one thing that we need for the City Council, is for you to advocate for us to help us get positive role models for these children.  The other thing is, is to let the community know that the child, five- years-old to thirteen-years-old, can enroll in our program.  So, if you know of a child in the communities that you serve, Aldermen and Alderwomen, that need a positive role model, that come from a single-parent family that maybe has a parent incarcerated, that would benefit from program, please give us a call and let us know.  I have some literature Im going to leave here tonight for you that includes my card with my number on it.  But, we really want you to be advocates for both of things for us, to help us get the positive role models in the community and also let the constituents in your community know that our program is here and that we want to help the kids.  So, if we can get those two things from you, we would, again, greatly appreciate your support.  Ive got some literature.  Can I hand it to the Clerk?

 

MAYOR EPSTEIN:   If youd leave that with the Clerk, shed be happy to distribute it.

 

COLLEEN DAVIS:   Perfect.  Thank you very much.  Just want to leave you with one last thing and then I will leave you tonight.  When you influence a child, you influence a family.  And, when you influence a family you change a community.  And, when you change a community you can change the world.  Thank you.

 

MAYOR EPSTEIN:   Thank you very much.  Moving onto the agenda.  Items  C and D are information.  Id like to draw your attention to item E.  It is a memo from the Utility about disappearing manhole covers.  We discussed this at the Utility meeting and as amusing as it might seem, its really not.  Its quite costly and its quite dangerous.  So, we are asking all of the Aldermen as well as the residents in the City of Kankakee to please be aware that people at night are taking manhole covers.  Sadly, for scrap, theyre only getting a couple of dollars.  Sadly, the replacement cost is well over $200.00 in time and materials.   Unfortunately, some of these manholes are covering, ah, drops in excess of 20 feet into sewers that can be quite dangerous if someone would be walking a child and would happen to fall into one of these that have been dislodged.  Please, if you notice anyone doing anything like this, please advise your residents to call the police immediately.  Our Police Department has been vigilant, but unfortunately, there are hundreds and hundreds and hundreds of these and people are taking them and sadly, the cost to replace them is a lot, but the cost of a human life or a child is irreplaceable.  So, please, this is isnt a.....its not an amusing situation.  Its dangerous.  Its happening all over the country.  But, again, I wanted to make you aware of that.  Item F, again, the Consulate General of Mexico will be at the Lisieux Center.  The information is in your packet.  Items G, H, I and J, I think can be combined if that is the pleasure of the Council.

 

ALDERMAN HUNTER:        Your Honor, indistinguishable I move they be approved per your request.  

 

MAYOR EPSTEIN:   Approval of motion by Alderman Hunter.  And, Alderman, Ill add yours next because we have to do a roll call vote on yours.

 

ALDERMAN BROWN:         Okay.  Im sorry.

 

MAYOR EPSTEIN:   Well add K because well have to do a roll call.

 

ALDERMAN BROWN:         Okay.

 

MAYOR EPSTEIN:   So, well do that after we do these.

 

ALDERMAN BROWN:         Okay.

 

MAYOR EPSTEIN:   Ah, motion by Alderman Hunter to approve G, H, I and J.  Seconded by.........

 

ALDERMAN BROWNE:      Second.

 

MAYOR EPSTEIN:   .......Alderman Richard Browne.  All those in favor, aye.  Opposed, same sign. 

 

RESIDENTS OF GRACEFIELD NEIGHBORHOOD ASSOCIATION ARE

REQUESTING PERMISSION TO HAVE A NEIGHBORHOOD-WIDE GARAGE

SALE ON FRIDAY, JUNE 3, 2011 AND SATURDAY, JUNE 4, 2011

 

MG 44 GALLERY AT 295 SOUTH FIFTH AVENUE IS REQUESTING A NOISE

PERMIT FOR A FLAG DAY CELEBRATION ON TUESDAY, JUNE 14, 2011,

FROM 11:00 A.M. UNTIL 2:00 P.M.

 

KANKAKEE EASTSIDE JUNIOR FOOTBALL LEAGUE IS REQUESTING


PERMISSION TO HOST THEIR HOMECOMING PARADE ON SATURDAY,

SEPTEMBER 10, 2011, BEGINNING AT 1:00 P.M.

 

TANYA BENDER IS REQUESTING PERMISSION FOR A STREET

BLOCKAGE IN FRONT OF HER HOUSE AT 405 S. WILDWOOD AVENUE

TO THE ALLEY WAY ON HICKORY AVENUE ALONG WITH A NOISE PERMIT

TO HOST A FAMILY REUNION GATHERING ON MAY 27, 2011, FROM

4:00 P.M. TO 11:00 P.M.

 

MAYOR EPSTEIN:   They are approved.  Ah, Alderman Carl Brown has a request from the Floor. 

 

ALDERMAN BROWN:         Every year Dennis Lehnus, coachhall of fame coachDennis Lehnus   from KCC, outstanding individual community guy, every year he has camp at Lincoln Cultural Center.  Every year.  And, that camp funds a lot of kids.  And, they do more than just teach about basketball.  This is, all the camps is unique, but basically they go beyond basketball.  They teach life skills, reading and writing, arithmetic, internet safety, character development, ah, everything.  They provide lunch, break out session, they take em to Hidden Cove.  Every year he does that and this year its going to be from June 13-17.  So, what Im asking the Council and the Mayor to donate $200.00 to the Community.........out of the Community...

 

MAYOR EPSTEIN:   Promotions.

 

ALDERMAN BROWN:         Promotions for this camp.  Also, Im lettin you know that Alderman Hunter and myself, were going to sponsor ten kids cause we going to donate $100.00 ourselves to sponsor some kids.  And, if any of you interested in doing the same thing, this is a worthwhile camp and Im sure if you know Dennis Lehnus, you know its going to be well run.  Its going to be about discipline, its going to be about getting kids to do the right thing.  So, I make the motion that we do the $200.00.

 

ALDERMAN HUNTER:        Its a worthwhile endeavor, so can we have a unanimous second?  Unanimous second, everybody.  Unanimous second.  Unanimous second.

 

MAYOR EPSTEIN:   Ah, ah, lets just do a roll call.

 

CLERK DUMAS:

AYE:   Brown; Hunter; Browne, R.; Baron; Thompson; Tall; Faford; Swanson; Osenga; Linneman; Stokes; Jones; Davidson; Cox (14) 

 

MOTION TO DONATE $200.00 FROM COMMUNITY PROMOTIONS TO

THE DENNIS LEHNUS BASKETBALL CAMP

 

MAYOR EPSTEIN:   Motion carries.  Thank you.  Standing Committees.  Public Safety.  Alderman Hunter.

 

ALDERMAN HUNTER:        Real, real brief.  Ah, regarding the Police and Fire Departments remain strong and provide excellent services to the public.  I think the balance of the report minutes reflect the activities which transpired at that meeting.

 

MAYOR EPSTEIN:   Thank you.  License and Franchise.  Alderman Brown.

 

ALDERMAN BROWN:         I get a chance to talk.  First of all the minutes are self-explanatory, but I do want to point out one thing and thats Aqua over the next couple years is going to be investing $8,000,000.00 in the community.  I think thats substantial.  I think any time we have that much investment in a community and I think Kankakee Valley Construction Company, R & R Construction, all those vendors has the opportunity to do the right thing to make sure that they use our diversity so everybody can get a piece of that pie, and as well as accolades, not only those fees that goes to show you thats being reinvested back into the community and thats the thing that we do.  I hope that we always do, ah, when we have to raise fees and that stuff like that I hope that we can put that money back into the community to improve our community.  I think if you ask Chief Young about the fire hydrant, the flushing of those things, it goes beyond that.  So, I just wanted to say thank you Craig and thanks to Aqua for that investment.

 

MAYOR EPSTEIN:   Thank you, Alderman.  Budget Committee.  Alderman Baron.


 

ALDERMAN BARON:          Ah, just a couple items, none of which are action items.  The first one is just a review of the sales tax report which is a good thing to lead in within that in May of this year, the sales tax receipts received from the State of Illinois were up 39.7% compared to the same month last year.  In the minutes, as you..... well, first of all, the minutes were handed out just before the meeting.  The minutes that were in the, ah, packet of materials, while correct, were last months.  These are correct also, but these are this months correct minutes.  The minutes refer to the fact that, ah, there have been unexplained adjustments made by the State of Illinois to the sales tax revenue and thats what they remain.  So anyway, up 39.7% for this month.  More later on that.  Not clear why thats the case.  Ah, number two, state continues to withhold income tax.  The update on that is that for the months of February, March and April, they owe us and thats $549,000.00.  Ah, the third item is good news in that the year ending........the fiscal year ending at the end of April, we probablythese are unaudited resultsbut we probably are evenwe probably correctly predicted the revenue and expenses.  Now, of course, thats given the fact that we had a 12% reduction across the board for everyone.  So, things arent rosey, rosey, but the 12% reduction and the judicious administration of the budget for the year worked out.  Were not any further in the hole this year than we were last year.  So, thats good news.  Ah, the........in regard to the cash flow report, we had to transfer a half of a million dollars from savings to checking at the beginning of the month and the savings is, of course, the cash management program thats being held by the Environmental Services Utility.  Hopefully, that will be reimbursed as the year goes on which leads to my fifth point and that is good news and bad news.  The good news and the bad news both is that the County got the real estate taxes out on time this year.  Excellent news from the Citys perspective because we, ah, that will improve cash flow significantly.  If you will recall, last year we were in trouble when the revenue from the County wasnt coming in.  And, of course, the bad news is, we all got our bills on time, also.  So, thats all.

 

MAYOR EPSTEIN:   Thank you, Alderman.  Report of Officers.  A motion to approve the bills.

 

ALDERMAN FAFORD:       I move we approve the Report of Officers, place the money in the proper accounts and pay the bills in the amount of $247,584.50.

 

ALDERMAN OSENGA:       Second.

 

MAYOR EPSTEIN:   Motion by Alderman Faford, seconded by Alderman Osenga to pay the bills.  Are there any questions?

 

ALDERMAN STOKES:        Yes, I have a question, Mayor.

 

MAYOR EPSTEIN:   Alderman.

 

ALDERMAN STOKES:        Ah, lookin at the bills, I didnt.....when we receive our packet, we receive it on a Friday evening.

 

MAYOR EPSTEIN:   Thats correct.

 

ALDERMAN STOKES:        We dont have enough time to go through.  By the time Friday evening come up, City Hall is closed.  We goin through Saturday, Sunday, then we confronted with Monday morning. 

 

MAYOR EPSTEIN:   Um huh (affirmative). 

 

ALDERMAN STOKES:        Ah, it just seems as though it needs to be a little bit more time.  Maybe we can back it up to like Thursday.

 


MAYOR EPSTEIN:   Alderman, its very difficult because the bills need to be processed by the Comptrollers office and to get the books out a day sooner would really be..... place a burden on his office.  As youre aware, Monday, any Alderman is certainly welcome to review any checks that they would like to review.  We are certainly able to provide you with any backup information on any checks that you might have a question.  I would assume as you become more familiar with the bills, youll be more familiar with the checks that are issued almost on a monthly basis and there will be less and less questions because it will become much more familiar to you as to what checks are being issued.  The names will start to get familiar as will the reasons why the checks are issued.  So, right now, I would just encourage you if you have any questions, toI understand you did have some and that you were able to get those answered this morning at the Comptrollers office.

 

ALDERMAN STOKES:        Mayor, thats true.  We were able to get a few things, ah, we were able to get a few things, ah, clearity on a few things.  But, there are still a few other things that we did not get clearity on.  And, ah, for me to sit here and not to vote on something that I dont have clearity on the whole picture here.

 

MAYOR EPSTEIN:   Well, Alderman you do have the opportunity to abstain or to not pass....or not to vote on the bills.

 

ALDERMAN STOKES:        Also, Mayor, ah, this is a distribution journal that I understand that you all provide.  I would like to have this each week.  Each week Id like to have this a part of accounts payable if possible.

 

MAYOR EPSTEIN:   No, I dont think were able to do that.  Ah, first of all, weekly, you only get your books twice a month.  And, we certainly wouldnt be able to provide you with that.  Is there something that you have a particular question on?

 

ALDERMAN STOKES:        Well, yes, maam, our fuel.  Id like to know a little bit more about our fuel.  Id like to just find out what department is, ah, some of these bills, what department are they really coming from?  Where is the bulk a our bills comin from?

 

ALDERMAN HUNTER:        Each standing committee approves bills, too.  So, if youre on those various committees, those bills are acted upon on those respective committees.  Any committee that youre on, they approve bills. 

 

ALDERMAN STOKES:        Okay.

 

ALDERMAN HUNTER:        So, be mindful of that.  If you attend any standing committees, one of the initial actions are........would be to approve the bills.  So, and, actually, youll see those bills as well, too.  You have the Department Head there being able to give you finite responses to what those bills entail.

 

ALDERMAN STOKES:        So, would there be a problem if I visit these Department Heads and get clearity on some of these bills?

 

MAYOR EPSTEIN:   On some of the bills that youre voting on tonight?

 

ALDERMAN STOKES:        On some of the bills, no, just.......tonight, like I said before I wasnt able to review all the bills.  We did make it over to, ah, Mr. Spice office, but.......

 

MAYOR EPSTEIN:   Alderman, I think the appropriate place for you to question any bills by any department would be at that committee meeting.  So, I would encourage you to attend.  If its a Public Safety bill that you have concerns about, a Code bill, CDA, to attend those meetings or actually the Budget meeting, also, would be very informative.

 

ALDERMAN STOKES:        Thank you, Mayor.

 

MAYOR EPSTEIN:   Youre welcome.  We have a motion and a second to approve the bills.  Any other questions?  Roll call.

 

CLERK DUMAS:

AYE:   Brown; Hunter; Browne, R.; Baron; Thompson; Tall; Faford; Swanson; Osenga; Linneman; Stokes (ATTORNEY BOHLEN: Alderman Stokes, you may want to abstain because there are bills relating to the Fire Department directly. 

ALDERMAN STOKES: May I respond to that?

ATTORNEY BOHLEN: You can do whatever you want to do. 

ALDERMAN STOKES: Thats one of the reasons, Chris, why I wanted to get into kind of  what department is doing what, so I know exactly which one stands out or is involved into this.  If you really look at this, there is nothing indicating Fire Department, Police Department.  That was one of the reasons why I wanted to mention that tonight.  Thank you.

 ALDERMAN HUNTER: But, isnt a question  direct benefit though?            

 ATTORNEY BOHLEN: Employers direct benefit is imputed as an employee direct benefit.  


ALDERMAN HUNTER: I just wanted to pose that question.

ATTORNEY BOHLEN:   Thats a fair question and thats been the holding on votes that have been taken in cases of alleged misconduct in office.  Thats the reason Im raising that.  Im trying to insure that there is no question that arises.

ALDERMAN STOKES:   Is there any way in the future we can put down the Fire Department or Police Department, DPW?  Can we note that on these bills?

ATTORNEY BOHLEN:   Some of them apply to all of the areas.  Theyre billed to the indistinguishable department.

            ALDERMAN STOKES:   Okay.  Well, it would be a good idea for us if we could put down whats comin from where.

MAYOR EPSTEIN:  Alderman, the burden would be excessive.  This happens to be a very small Report of Officers at this Council meeting.

ALDERMAN HUNTER: Sometimes, youre talkin about a million bucks in bills, you know.

ALDERMAN STOKES:  Thats true.  But, like I said, if I woulda known the Fire Department was a part of this....

MAYOR EPSTEIN:   Alderman, that is unique to your position on the Council, quite frankly and so I think its incumbent upon you on a Monday to go to the Comptrollers office and inquire, are there any bills to be paid that are, ah, from the Fire Department?

ALDERMAN STOKES:    Mayor, I did take a trip to the Comptrollers office today and they basically walked up to me and told me that the lady needed to go on lunch.

ATTORNEY BOHLEN:   But, you spent 45 minutes with her before she went to lunch.

ALDERMAN STOKES:   Well, yes, sir, but, you know you stay there as long as you can.....

ATTORNEY BOHLEN:   But, thats okay.  I think you can presume that in every months bills there are going to be bills for the Fire Department.

ALDERMAN STOKES:   Well, as a newcomer sir, you know, you dont want to rush through voting for something, rushing through something.

ATTORNEY BOHLEN:   Hence, thats why I said you may want to consider abstaining on these bills because there are bills in this list that relate directly to the Fire Department.  There are other bills that are paid in part for the Fire Department.  Such as Illinois Public Risk Fund is our workers comp carrier.  Fire Department personnel  receive benefits from that as well as anybody else.

ALDERMAN STOKES: Thank you.)  Jones; Davidson; Cox (13) 

ABSTAIN:   Stokes (1)

 

REPORT OF OFFICERS APPROVAL OF BILLS - $247,584.50

 

MAYOR EPSTEIN:   Thank you.  The motion carries.  Moving onto Unfinished Business.  Those of you that attended the Utility Board Meeting this evening, Mr. Tyson was there to clarify and review the amendments to this Ordinance.  I think he was able to answer many of the questions that pertained to this Ordinance.  It is on its second reading.  Do I have a motion to approve?

 

ALDERMAN SWANSON:   I so move.

 

ALDERMAN COX:   Second.

 

MAYOR EPSTEIN:   Motion by Alderman Swanson, seconded by Alderman Cox to approve the Ordinance amending Chapters 21 and 30 of the City Code.  Do I have any questions?

 

ALDERMAN HUNTER:        Yeah.  I wasnt there and Im sorry.  I was preparing for representing my ward on a previous issue.  But, anyway.

 

MAYOR EPSTEIN:   Do you have a question?

 

ALDERMAN HUNTER:        Give me the highlights Dave.

 

MAYOR EPSTEIN:   Give him the one-minute version.

DAVE TYSON:          What this is is that, again, we just went through and brought this Ordinance up to todays standards and todays specifications.  Making all the repairs that will be done on streets, make them in accordance with the Illinois Department of Transportation, road and bridge specifications, making sure we comply with minimum height clearances now for trees to be trimmed, you know, because thats gone up a foot so that were in compliance with things like that.  Simple things like put specifications in there of what our new requirements are going to be for building driveways, repairing streets, that type of deal.  So thats what it is.


 

ALDERMAN HUNTER:        Im fine.  Thank you Mr. Tyson.

 

MAYOR EPSTEIN:   Thank you.  Any other questions for Mr. Tyson?  I almost said Alderman Tyson.  Ah, roll call, please.

 

CLERK DUMAS:

AYE:   Brown; Hunter; Browne, R.; Baron; Thompson; Tall; Faford; Swanson; Osenga; Linneman; Stokes; Jones; Davidson; Cox (14)           

 

SECOND READING

ORDINANCE AMENDING CHAPTERS 21 AND 30 OF THE CITY CODE OF THE

CITY OF KANKAKEE (LICENSES GENERALLY; STREETS, SIDEWALKS AND

OTHER PUBLIC PROPERTY)

 

MAYOR EPSTEIN:   Motion carries.

 

ALDERMAN HUNTER:        And, I put.........for the record I  want everybody to know that I am an informed voter.

 

MAYOR EPSTEIN:   Let the record show.  I think all of your votes are informed.

 

ALDERMAN HUNTER:        Mine are, but I cant speak for the balance of the Council.

 

MAYOR EPSTEIN:   Moving onto New Business.  We have an Ordinance amending Chapter 32, a handicapped parking space at 1142 E. Eagle.  Do I have a motion to Suspend the Rules?

 

ALDERMAN BARON:          I would move.......this is.......this is a 1142 E. Eagle?

 

MAYOR EPSTEIN:   Yes.

 

ALDERMAN BARON:           I would Suspend the Rules that would interfere with the passage of this Ordinance.

 

ALDERMAN BROWNE:      Second.

 

MAYOR EPSTEIN:   Motion by Alderman Baron, seconded by Alderman Rich Cox to Suspend the Rules    laughter     Sorry, Alderman.  Its just age.  We have a motion and a second to Suspend the Rules.  Roll call, please.

 

CLERK DUMAS:

AYE:   Brown; Hunter; Browne, R.; Baron; Thompson; Tall; Faford; Swanson; Osenga; Linneman; Stokes; Jones; Davidson; Cox (14) 

 

MAYOR EPSTEIN:   Motion carries.  A motion to place this Ordinance on its Final Passage.

 

ALDERMAN BROWNE:      So moved.

 

ALDERMAN BARON:          Second.

 

 

MAYOR EPSTEIN:   Motion by Alderman Rich Browne, seconded by Alderman Baron.  Thats correct, isnt it?  Any questions?   Roll call.

 

CLERK DUMAS:

AYE:   Brown; Hunter; Browne, R.; Baron; Thompson; Tall; Faford; Swanson; Osenga; Linneman; Stokes; Jones; Davidson; Cox (14)  

 

ORDINANCE AMENDING CHAPTER 32, SECTION 231 ESTABLISHING A

HANDICAPPED PARKING SIGN(S) AT 1142 EAST EAGLE STREET

 

MAYOR EPSTEIN:   Motion carries.  Items B and C are separate, but I think we can combine them.


 

ALDERMAN HUNTER:        I think so.  Youre right.

 

MAYOR EPSTEIN:   Youre starting to see bids awarded on work thats being done within the City for our overlay program.  These will be coming on a regular basis.  These are two projects that were identified as capital items that needed to be done.  One is Willow Street and the other is Riverstone Parkway out at Exit 308.  Riverstone is a much more expensive project because that road was never built as an 80,000 pound road.  Because of the excessive truck traffic out there now, we are rebuilding it to those specifications and Willow Street, I think both Alderman can attest to, is in terrible condition.

 

ALDERMAN HUNTER:        Thats true.

 

MAYOR EPSTEIN:   So, I would entertain a motion to accept the recommendation from the engineer to award the contract to Kankakee Valley in the amount of $123,485.63 for the Willow Street project and to Kankakee Valley Construction $299,358.92 for the Riverstone Court reconstruction in Riverstone Drive.

 

ALDERMAN HUNTER:        I so move.

 

ALDERMAN SWANSON:   Second.

 

MAYOR EPSTEIN:   Motion by Alderman Hunter, seconded by Alderman Swanson to approve both awards.  Any questions?  Roll call.

 

CLERK DUMAS:

AYE:   Brown; Hunter (Gordon, you going to check out those work force analysis?  Is he here?)

JAMES GORDON: Yeah, I make sure that Mr. Tyson has a copy of the paperwork as part of the package.

ALDERMAN HUNTER: Okay.); Browne, R.; Baron; Thompson; Tall; Faford; Swanson; Osenga; Linneman; Stokes; Jones; Davidson; Cox (14)    

 

RECOMMENDATION TO AWARD THE BID TO KANKAKEE VALLEY

CONSTRUCTION IN THE AMOUNT OF $123,485.63 FOR THE PROPOSED

WILLOW STREET IMPROVEMENTS FROM HOBBIE AVENUE TO FAIRMONT

AVENUE TEI JOB NO. E11033

 

RECOMMENDATION TO AWARD THE BID TO KANKAKEE VALLEY

CONSTRUCTION IN THE AMOUNT OF $299,358.92 FOR THE PROPOSED

RIVERSTONE COURT RECONSTRUCTION AND RIVERSTONE DRIVE

OVERLAY TEI JOB NO. E11034

 

MAYOR EPSTEIN:   Motions carry.  The next item on the agenda are appointments and reappointments to the Planning Board.  Do I have a motion to accept?

 

ALDERMAN HUNTER:        Can we do them en masse?  Anybody have any problems with anybody on here?  Anybody?  Anybody have any problems with anybody?

ALDERMAN STOKES:        I got a problem with the time framethe longevity?  Shouldnt we have a change on the Planning Board instead of the same ole, same ole?  Over and over again?

 

MAYOR EPSTEIN:   The Planning Board appointments are staggered.  Theyre at one, two and three years, I believe.

 

ALDERMAN STOKES:        Yes.

 

MAYOR EPSTEIN:   So, youll notice there are different ending times on the appointments.

 

ALDERMAN STOKES:        Cause I notice theres someone thats been on here since 1992. 

 

MAYOR EPSTEIN:   Thats correct.

 


ALDERMAN STOKES:        And 1995.  Is that accurate?

 

MAYOR EPSTEIN:   Yes.

 

ALDERMAN STOKES:        You would think we would try to change, get more involved.

 

MAYOR EPSTEIN:   We have otherwe have people that come on and off the Planning Board.  We have people who come off the Planning Board because their attendance isnt, ah, what it should be.  And, then we also have people that have been on for a long time and, quite frankly, their experience is vital to the Planning Board.

 

CLIFF CROSS:         Madam Mayor and Alderman Stokes, also, as the Mayor referenced, those staggered terms are regulated by Chapter 12 of the Zoning Ordinance.  In addition to that, to fill those seats, we look for individuals who meet certain needs of that board.  We would like to have an engineer or a surveyor on board indistinguishable requests that involve surveying may require their expertise to educate, so to speak, the rest of the board.   In addition to that, we just need to have a wide variety of members on that board. 

 

ALDERMAN STOKES:        Can we have people on the Planning Board if.......that kind of reflects our community? 

 

MAYOR EPSTEIN:   Yes.

 

ALDERMAN STOKES:        Shouldnt we have that on there as well?

 

MAYOR EPSTEIN:   Thats correct Alderman, but quite frankly, the Planning Board appointments.......and I think they do.  You have people from all of the wards.  You have people of different races, you have different genders.  We do our best.  I do my best and, quite frankly, those are my appointments with the approval of Mr. Cross and I believe we have a motion and a second on the Floor.

 

ALDERMAN HUNTER:        With the advice and consent of us.  You dont have to accept it.  As he indicated, youve got a banker on there.  Youve got an architect on there, a realtor and other lay people as well.  Call for the question.  Motion to approve.

 

MAYOR EPSTEIN:   I need a motion to accept. 

 

ALDERMAN HUNTER:        I thought I did, en masse.

 

MAYOR EPSTEIN:   Alderman Hunter en masse.  Alderman Rich Browne are you seconding?

 

ALDERMAN BROWNE:      Yes.

 

MAYOR EPSTEIN:   Thank you.  All those in favor.

 

ALDERMAN HUNTER:        No, roll call.

 

MAYOR EPSTEIN:   Oh, Im sorry.  Roll call, please.

 

CLERK DUMAS:

AYE:   Brown; Hunter; Browne, R.; Baron; Thompson; Tall; Faford; Swanson; Osenga; Linneman; Jones; Davidson; Cox (13) 

NAY: Stokes (1)

 

PLANNING BOARD REAPPOINTMENTS

EDWIN ECKHARDT            05/01/11 04/30/13

CAROLE FRANKE              05/01/11 04/30/14

RAYLEEN HARRIS              05/01/11 04/30/13

BARRY MCCRACKEN        05/01/11 04/30/13

DEBRA TERRILL                 05/01/11 04/30/14

MARSHA LLOYD                 05/01/11 04/30/13

CHIP ROREM                       05/01/11 04/30/14

WILLIE AMES                       05/01/11 04/30/14


LORETTO COWHIG 05/01/11 04/30/14

 

MAYOR EPSTEIN:   Motion carries.  We have an addition to the agenda.  I believe Mr. Tyson passed out, at the request of Alderman Thompson, there was a concern at River Place that there was an issue with parking.  Alderman, I believe Mr. Tyson passed this out as far as a No Parking Zone.

 

ALDERMAN THOMPSON: Actually, he did.  Im kind of indistinguishable to Mr. Tyson to get him to explain it.

 

MAYOR EPSTEIN:   Okay.  Mr. Tyson, would you like to explain this issue?

 

DAVID TYSON:         Theres a problemtheres a nursing home over there, ah, at the intersection of Ninth Avenue and River Place.  They have a hard time getting trucks in and out of there.  Across the street is an apartment building, theres a driveway that exists there, theres a small place where cars are parked from the driveway to the west.  What were recommending and I apologize because I just reread my own letter.  The title of its right.  We want to have a No Parking Zone for 60 feet east of Ninth Avenue on the north side of River Place.  In the letter it says 600 feet, but it was supposed to be 60 feet.  So, I want to make that clear.  And, what this does, and then wed recommend that these be painted yellow.  What that will do, that will allow trucks to be able to turn without having any problems with car accidents or hitting parked cars that are in there.

 

MAYOR EPSTEIN:   Okay, thank you.  Are there any questions for Mr. Tyson?  Then I will have a motion to Suspend the Rules, please, that would interfere with the Ordinance.

 

ALDERMAN THOMPSON: I so move.

 

ALDERMAN TALL:  Second.                                                                     

 

MAYOR EPSTEIN:   Motion by Alderman Thompson, seconded by Alderman Tall to Suspend the Rules that would interfere with the passage of the Ordinance.  Roll call

 

CLERK DUMAS:

AYE:   Brown; Hunter; Browne, R.; Baron; Thompson; Tall; Faford; Swanson; Osenga; Linneman; Stokes; Jones; Davidson; Cox (14) 

 

MAYOR EPSTEIN:   Motion carries.  A motion to place this Ordinance on its Final Passage and Pass? 

 

ALDERMAN THOMPSON: I move.

 

ALDERMAN TALL:  Second.

 

MAYOR EPSTEIN:   So moved by Alderman Thompson, seconded by Alderman Tall.  Any questions?  Roll call.

 

CLERK DUMAS:

AYE:   Brown; Hunter; Browne, R.; Baron; Thompson; Tall; Faford; Swanson; Osenga; Linneman; Stokes; Jones; Davidson; Cox (14) 

 

NORTH SIDE OF RIVER PLACE 60 FEET EAST OF NINTH AVENUE

NO PARKING ZONE REQUEST

 

MAYOR EPSTEIN:   Motion carries.  Under Motions and Resolutions, we have two items.  We have a Resolution for, ah, highway code in the amount of $26,000.00 for the Riverfront Trail project, Phase II.  And a Resolution requesting permission to conduct the work we already did on Indiana to repair the sewer.  But, we need to request permission from IDOT.  We did get an emergency approval to do the work.  Do I have a motion to accept both Resolutions?

 

ALDERMAN JONES:           Motion to accept, Mayor.

 

MAYOR EPSTEIN:   Motion by Alderman Jones to accept both Resolutions. 

 

ALDERMAN DAVIDSON:   Second.


 

MAYOR EPSTEIN:   Seconded by Alderman Davidson.  Any questions?  Roll call.

 

CLERK DUMAS:

AYE:   Brown; Hunter; Browne, R.; Baron; Thompson; Tall; Faford; Swanson; Osenga; Linneman; Stokes; Jones; Davidson; Cox (14) 

 

RESOLUTION FOR IMPROVEMENT BY MUNICIPALITY UNDER THE ILLINOIS

HIGHWAY CODE, IN THE AMOUNT OF $26,000.00, FOR THE  RIVERFRONT

TRAIL PHASE II, SECTION 10-00276-00-BT, TEI  JOB NO. E10054

 

RESOLUTION REQUESTING PERMISSION TO CONDUCT EMERGENCY

STORM SEWER REPAIRS BENEATH ILLINOIS 50 2011 MISCELLANEOUS

ENGINEERING TEI NO. E11037

 

MAYOR EPSTEIN:   Motion carries.  Before we get to Aldermens Comments and Questions, we will not need an Executive Session tonight.  Id like to first congratulate Chief Young.  They went to Springfield, they participated in a very moving ceremony down there.  Did you want to just say a few words about that, Chief?

 

CHIEF YOUNG:         Sure, the ah, it was Thursday, May 12, went down for the Medal of Honor and a memorial ceremony.  We received three awards down there.  The Department received a Certificate of Recognition from the Governor and the State Fire Marshal for the heroic efforts that were on display in the 100 block of North Eighth Avenue where we rescued three individuals, two children, one has since passed away.  Also, a firefighter received the Medal of Valor down there.  Its the second highest award that the State gives and that was Firefighter Robert Underhill.  He was the lead firefighter going in through the window to pull out the two children on the second floor in the 100 block of North Eighth Avenue.   And, then, the, ah, we were saddened to receive the Gold Badge Award for thein honor of the dying in the line of duty, Lt. Frank Fouts.  His family was there to accept the award that was given by the committee.

 

MAYOR EPSTEIN:   Thank you, Chief.  Im pleased that our Fire Department was recognized in such a way and its commendable and certainly something we should all be proud of.  Sadly with Firefighter Fouts, it was again a reminder of how dangerous of a job that is.  Also, tree requests.  So far, we have about sixty people who have requested trees.  Again, we talked about this at the Utility.  Please, as Aldermen, look over your neighborhoods and see if you have any residents who need a tree and those who would certainly respond by watering that tree for a couple of years so it would have a chance to take hold.  We want to be able to plant all 100 trees this year as part of our program.  One last item.  I was pleasedIm a member of Kiwanis and today they gave out Kiwanis scholarships to graduating seniors and Maggie Doyle, Dennis Doyles daughter, received a scholarship from Kiwanis and shes going on to Eastern Illinois University.  And, again, congratulations to your daughter.  Any Aldermens questions or comments?

 

ALDERMAN BROWNE:      Mayor.

 

MAYOR EPSTEIN:   Alderman Richard Browne.

 

ALDERMAN BROWNE:      Id like to just address one thing since Alderman Hunter brought up some things here with the crematorium which.........

 

ALDERMAN HUNTER:        indistinguishable  

 

ALDERMAN BROWNE:      No, I have another thing that I would like to say herethere were some other issues that came up and I think its only proper that I do share those with the Council.  It might be interesting to note that there are people only they didnt show up that are in favor.

 

ALDERMAN HUNTER:        Thats a matter on the Table.  You cant even talk about it now.

 

ALDERMAN BROWNE:      Its just a comment.

 

ALDERMAN HUNTER:        The matters on the Table.  Am I correct?

 

MAYOR EPSTEIN:   Okay.


 

ALDERMAN HUNTER:        Tell me if Im wrong.  Am I wrong?  You cant talk about it Rich.

 

ALDERMAN BROWNE:      Okay.  All right.

 

MAYOR EPSTEIN:   Any other comments?

 

ALDERMAN COX:   Mayor.

 

MAYOR EPSTEIN:   Alderman Cox.

 

ALDERMAN COX:   Yard waste.

 

MAYOR EPSTEIN:   Yes, sir.

 

ALDERMAN COX:   Id like to see The Journal run an article on the new pick up of yard waste.  

 

MAYOR EPSTEIN:   Ah, the yard waste as far as the residents putting the notices on their containers, Alderman?

 

ALDERMAN COX:   Yes.

 

MAYOR EPSTEIN:   Ah, we do have a coordinator who is going up and down following, you know, the progress and he is making contact with residents who are not doing it properly.  They do have the information that was put on their receptacles.  Is there a particular area that you have a concern about?  Well make sure its addressed.

 

ALDERMAN COX:   All over the City.

 

MAYOR EPSTEIN:   All over the City?

 

ALDERMAN COX:   Some people are still using bags.

 

MAYOR EPSTEIN:   I know and we addressed that a little bit tonight at the Utility Board, but we will make sure that we step up our efforts to educate them.

 

ALDERMAN COX:   Thank you.

 

MAYOR EPSTEIN:   Youre welcome.

 

ALDERMAN THOMPSON: Mayor, how often is that information being distributed though the neighborhood.

 

MAYOR EPSTEIN:   How often is what, Alderman?

 

ALDERMAN THOMPSON: How often is that information being distributed through the neighborhoods?

 

MAYOR EPSTEIN:   When the new garbage receptacles were delivered, there was an information packet attached to each garbage can that spoke to the rules, the dates of pickup, the bulk item pickup.  Ah, youll notice, if you drive around, there are some of those still attached to the garbage cans meaning they havent read the directions.  We also have a solid waste coordinator that is following the route of Allied and we are tying to educate our residents as to the new policies.  We will give it a couple of more months and, quite frankly, after that they should be educated enough that they start following the rules.  Any other questions?  Alderman Jones.

 

ALDERMAN JONES:           I......I.....I.....I brought this up to Mr. Hunter and the information on the....on the receptacles was nice, but theres a large population of Spanish people in the City of Kankakee and it was only put out in English.  Is there any way to take that information and put it out in Spanish and maybe put it in the newspaper because there are Spanish people.........

 

MAYOR EPSTEIN:   We will speak to Allied.

 


ALDERMAN JONES:           There are Spanish people in my ward that took those nice garbage cans and put them in their back yard and still they are using their old ones.

 

MAYOR EPSTEIN:   We will speak to Allied and see if we can provide some type of Spanish-speaking material.  Thank you.  Any other questions?

 

ALDERMAN DAVIDSON:   I have a comment.  I dont have a question.

 

MAYOR EPSTEIN:   Alderman Davidson.

 

ALDERMAN DAVIDSON:   I just want to thank the City for its participation and support with the Old Fair Park project.  Ah, the collaboration between the City and the Park District and the other private entities that were working together to make that project successful.  Thank you very much.

 

MAYOR EPSTEIN:   Youre welcome, Alderman.  Motion to adjourn.

 

ALDERMAN BROWNE:      So moved.

ALDERMAN SWANSON:   Second.

 

MAYOR EPSTEIN:   Motion by Alderman Browne, seconded by Alderman Swanson to adjourn.  All those in favor aye.

 

MOTION TO ADJOURN CITY COUNCIL MEETING

 

MAYOR EPSTEIN:   We are adjourned.                                                                            8:15 P.M.