CITY OF KANKAKEE

CITY COUNCIL MEETING

MARCH 16, 2009      7:00 P.M.

 

 

MAYOR GREEN:       I’d like to call the meeting to order, please.  I’d like to ask Pastor Steve Goodin from Asbury United Methodist Church to open our meeting with a prayer.

 

PASTOR GOODIN:    We have had a glorious day today.  It’s been beautiful.  After rain and snow and ice and the hard winter we’ve had, to have a day like today is one of the ways that we can often say, there really is a God and this is proof.  So, since we know that there is a God, let’s pray to that God.  Let us pray.  We bow before the God of creation who breathed life into us and gave each and every one of us a living soul.  It is to You that we come when we have lost our way.  It is to You that we come when our resources run out.  It is to You that we come when we are unable to solve our problems.  Bless us today, oh Lord, with a heavenly blessing.  Open the windows of heaven and give us our heart’s desire.  May we learn to love You and acknowledge you as our God.  May we learn to love each other and treat each other with Godly respect.  May we embrace justice and mercy in our City.  May we walk humbly before our God.  Be with those who are leaders in our City and inspire them with the spirit of God so that we may be led in such a way that when we leave here tonight, we’ll all know that the Lord has truly been here, in and through our leaders.  May the light of God shine brightly in this meeting.  In the name of God, we pray.  Amen.

 

MAYOR GREEN:       Now I’d like to ask the youngsters from Lafayette Elementary School to come up and lead us in the Pledge.  He knows what he’s gonna’ do.

 

ATTORNEY BOHLEN:          He’s a Mayoral candidate.

 

MAYOR GREEN:       Yeah!  The flag is right back here, guys.  Go ahead.

 

STUDENTS FROM LAFAYETTE

ELEMENTARY SCHOOL AND ALL:    Pledge of Allegiance

 

STUDENTS FROM LAFAYETTE

ELEMENTARY SCHOOL:                 Lafayette School is a family and I am a member of that family.  As a member, I pledge to treat other people kindly, to respect other people and their property, to make the school safe, calm and peaceful, to learn self control and to help other people do the same.  One school, one family with respect and dignity for all.

 

 

MAYOR GREEN:       Great job!  Hey, guys, hey, wait a minute.  Wait.  Wait.  Come back up here.  I think your parents want to take pictures.  Turn around and face the audience, would you?  Thank you.  Now they can take pictures if you’d like.  Come on.  Come on up and take ‘em so you can get up here.  You can’t do it from back there.  Thank you very much, guys, thank you.  I think they’re right into this.  Thank you, kids.  Okay.  Thank you.  That’s it.  Roll call.

 

CLERK DUMAS:

            PRESENT:   Brown; Epstein; Baron; Williams; Ciaccio; Swanson; Linneman;

Diersen; Jones; Schwade; Coleman; Cox (12)

            ABSENT:   Hunter (1)

 

MAYOR GREEN:       Department Heads.

 

CLERK DUMAS: 

PRESENT:  Kinkade; Young; Dear; Spice; Bohlen; Power; Leshen; Simms; Tyson; Shaw; Nolan; Gordon; Bertrand (13)

 

MAYOR GREEN:       Thank you.  You have the minutes from the March 2, 2009, meeting.  I need a motion to approve. 

 

ALDERMAN WILLIAMS:     Mayor Green, hearing no objections from my fellow colleagues, I move they be approved as recorded.

 

ALDERMAN JONES:             Second.

 

MAYOR GREEN:       Motion by Alderman Williams, seconded by Alderman Jones to approve the minutes of the March 2, meeting.  All in favor, AYE.  Opposed, same sign. 

 

MOTION TO APPROVE CITY COUNCIL MEETING MINUTES OF MARCH 2, 2009

 

MAYOR GREEN:       Motion carries.  Next, in front of you tonight you have a Petition from the Planning Commission and it’s an Application by Peotone Industrial Properties, LLC, Requesting Approval as an Annexation Agreement to Annex Approximately 10.83 Acres into the City of Kankakee.  We need to accept the Findings and Recommendations of the Planning Board.  Is there a motion?

 

ALDERMAN SWANSON:     I so move.

 

MAYOR GREEN:       Is there a second?

 

ALDERMAN LINNEMAN:    Second.

 

MAYOR GREEN:       Motion by Alderman Swanson, second by Alderman Linneman to accept the Findings and Recommendations of the Planning Board.  Roll call. 

 

CLERK DUMAS:

AYE:  Brown; Epstein; Baron; Williams; Ciaccio; Swanson; Linneman; Diersen; Jones; Schwade; Coleman; Cox (12)

            ABSENT: Hunter (1)  

 

FINDINGS AND RECOMMENDATIONS

PB09-02: AN APPLICATION BY PEOTONE INDUSTRIAL PROPERTIES, LLC,

REQUESTING APPROVAL OF AN ANNEXATION AGREEMENT TO ANNEX

APPROXIMATELY 10.83 ACRES INTO THE CITY OF KANKAKEE

 

MAYOR GREEN:       Motion carries.  Next, is an Ordinance Approving the Annexation Agreement between Peotone Industrial Properties, LLC, and the City of Kankakee.  Is there a motion to Suspend the Rules?

 

ALDERMAN SWANSON:     I’d like to make a motion to Suspend the Rules that would interfere with the passage of this Ordinance.

 

MAYOR GREEN:       Is there a second?

 

ALDERMAN LINNEMAN:    Second.

 

MAYOR GREEN:       Motion by Alderman Swanson, seconded by Alderman Linneman to Suspend the Rules that would interfere with the passage of this Ordinance.  Roll call. 

 

CLERK DUMAS:

AYE:  Brown; Epstein; Baron; Williams; Ciaccio; Swanson; Linneman; Diersen; Jones; Schwade; Coleman; Cox (12)

            ABSENT: Hunter (1)    

 

MAYOR GREEN:       Motion carries.  Is there a motion to put this Ordinance on its Final Passage and Pass?

 

ALDERMAN SWANSON:     I so move.

 

ALDERMAN LINNEMAN:    Second.

 

MAYOR GREEN:       Motion by Alderman Swanson, seconded by Alderman Linneman to put this Ordinance on its Final Passage and Pass.  Any questions?  Roll call. 

 

CLERK DUMAS:

AYE:  Brown; Epstein; Baron; Williams; Ciaccio; Swanson; Linneman; Diersen; Jones; Schwade; Coleman; Cox (12)

            ABSENT: Hunter (1)  

 

 

 

ORDINANCE

PB09-02: AN APPLICATION BY PEOTONE INDUSTRIAL PROPERTIES, LLC,

REQUESTING APPROVAL OF AN ANNEXATION AGREEMENT TO ANNEX

APPROXIMATELY 10.83 ACRES INTO THE CITY OF KANKAKEE

 

MAYOR GREEN:       Motion carries.  Next is PB09-02A: An Application by Peotone Industrial Properties, LLC, Requesting Approval for the Annexation of Approximately 10.83 Acres into the City of Kankakee.  First, we need to accept the Findings and Recommendations of the Planning Board.

 

ALDERMAN SWANSON:     I so move.

 

ALDERMAN LINNEMAN: Second.

 

MAYOR GREEN:       Motion by Alderman Swanson, seconded by Alderman Linneman to accept the Findings and Recommendations of the Planning Board.  Roll call. 

 

CLERK DUMAS:

AYE:  Brown; Epstein; Baron; Williams; Ciaccio; Swanson; Linneman; Diersen; Jones; Schwade; Coleman; Cox (12)

            ABSENT: Hunter (1)   

 

FINDINGS AND RECOMMENDATIONS

PB09-02A: AN APPLICATION BY PEOTONE INDUSTRIAL PROPERTIES, LLC,

REQUESTING APPROVAL FOR THE ANNEXATION OF APPROXIMATELY

10.83 ACRES INTO THE CITY OF KANKAKEE

 

MAYOR GREEN:       Motion carries.  Next, is an Ordinance Approving the Annexation of Approximately 10.83 Acres into the City of Kankakee.  Is there a motion to Suspend the Rules that would interfere with the passage of this Ordinance? 

 

 ALDERMAN SWANSON:    I’d like to make a motion to Suspend the Rules that would interfere with the passage of this Ordinance.

 

ALDERMAN LINNEMAN:    Second.

 

MAYOR GREEN:       Motion by Alderman Swanson, seconded by Alderman Linneman to Suspend the Rules that would interfere with the passage of this Ordinance.  Roll call. 

 

CLERK DUMAS:

AYE:  Brown; Epstein; Baron; Williams; Ciaccio; Swanson; Linneman; Diersen; Jones; Schwade; Coleman; Cox (12)

            ABSENT: Hunter (1)   

 

MAYOR GREEN:       Motion carries.  Is there a motion to put this Ordinance on its Final Passage and Pass?

ALDERMAN SWANSON:     I so move.

 

ALDERMAN LINNEMAN:    Second.

 

MAYOR GREEN:       Motion by Alderman Swanson, seconded by Alderman Linneman to put this Ordinance on its Final Passage and Pass.  Questions?  Roll call. 

 

CLERK DUMAS:

AYE:  Brown; Epstein; Baron; Williams; Ciaccio; Swanson; Linneman; Diersen; Jones; Schwade; Coleman; Cox (12)

            ABSENT: Hunter (1)  

 

ORDINANCE

PB09-02A: AN APPLICATION BY PEOTONE INDUSTRIAL PROPERTIES, LLC,

REQUESTING APPROVAL FOR THE ANNEXATION OF APPROXIMATELY

10.83 ACRES INTO THE CITY OF KANKAKEE

 

MAYOR GREEN:       Motion carries.  Next, is Communications.  There are two items from Comcast that take no action.  We have a third item which is a request by Minnie Springer of 144 S. May requesting a noise permit for a graduation ceremony on May 23, from noon until 8:00 P.M.  Is there a motion to grant this request?

 

ALDERMAN LINNEMAN:    I move that we grant this request.

 

MAYOR GREEN:       Motion by Alderman Linneman.  Is there a second?

 

ALDERMAN DIERSEN:        Reluctantly.

 

MAYOR GREEN:       Second by Alderman Diersen.  All in favor, AYE.  Opposed, same sign. 

 

MINNIE SPRINGER OF 144 SOUTH MAY AVENUE IS REQUESTING A NOISE

PERMIT FOR A GRADUATION CEREMONY ON MAY 23, 2009, FROM

NOON UNTIL 8:00 P.M.

 

MAYOR GREEN:       Motion carries.  Next, Standing Committees.  Public Safety.  Alderman Williams.

 

ALDERMAN WILLIAMS:     Mayor, the minutes are in the packet for review.

 

MAYOR GREEN:       Okay, thank you.  Ah, next is the Report of Officers.

 

ALDERMAN WILLIAMS:     Mayor, I move to approve the Report of Officers, place the money into the respective accounts and pay the bills in the amount of $910,448.65.

 

MAYOR GREEN:       Is there a second?

 

ALDERMAN CIACCIO:        Second.

 

MAYOR GREEN:       Motion by Alderman Williams, seconded by Alderman Ciaccio to approve the Report of Officers, place the money in the proper accounts, pay the bills in the amount of $910,448.65.  Any questions on any specific bill?  Roll call. 

 

CLERK DUMAS:

AYE:  Brown; Epstein; Baron; Williams; Ciaccio; Swanson; Linneman; Diersen; Schwade; Coleman; Cox (11)

            ABSTAIN:   Jones (1)

            ABSENT: Hunter (1)   

           

REPORT OF OFFICERS APPROVAL OF BILLS - $910,448.65

 

MAYOR GREEN:       Motion carries.  Under Unfinished Business, we still are not ready to deal with that one.  We will carry it forward to the next meeting.  Next, under New Business, you have a letter from Mr. Greg Deck regarding an incentive agreement we have with Mr. Greg Yates requesting that we assign that collateral.  I’m asking permission of the City Council to sign that document.  Someone want to make the motion?

 

ALDERMAN SCHWADE:     I move that we sign that document.

 

ALDERMAN WILLIAMS:     Second.

 

MAYOR GREEN:       Motion by Alderman Schwade, seconded by Alderman Williams to allow the Mayor to sign the document.  Any questions?  Roll call. 

 

CLERK DUMAS:

AYE:  Brown; Epstein; Williams; Ciaccio; Swanson; Linneman; Diersen; Jones; Schwade; Coleman; Cox (11)

            ABSTAIN:   Baron (I have a conflict of interest.) (1)

            ABSENT: Hunter (1)

   

COLLATERAL ASSIGNMENT OF INCENTIVE AGREEMENT BETWEEN THE CITY

OF KANKAKEE AND QUALITY CONCEPTS RELATING TO THE DEVELOPMENT

OF REAL ESTATE AT COURT STREET AND SCHUYLER AVENUE

 

MAYOR GREEN:       Motion carries.  Next, is an Ordinance Relating to the Expansion of the Kankakee River Valley Enterprise Zone Boundaries and Authorizing the Amendment to the Intergovernmental Agreement.  This picks up the property that I know as Amberg File and Index, or Esselte.  And, there are two other industrial properties in that same block.  It includes all three of them.  Ah, we’re asking that you go ahead and approve this Ordinance–Suspend the Rules–so we can add this to the Enterprise Zone. 

 

ALDERMAN BARON:           I’d like.........I make a motion that we Suspend the Rules that would interfere with the passage of the Ordinance expanding the Kankakee Valley Enterprise Zone, Esselte and two other spots. 

 

ALDERMAN BROWN:          I second.

 

MAYOR GREEN:       Motion by Alderman Baron, seconded by Alderman Brown to Suspend the Rules that would interfere with the passage of this Ordinance.  Roll call. 

 

CLERK DUMAS:

AYE:  Brown; Epstein; Baron; Williams; Ciaccio; Swanson; Linneman; Diersen; Jones; Schwade; Coleman; Cox (12)

            ABSENT: Hunter (1)   

 

MAYOR GREEN:       Motion carries.  Is there a motion to put this Ordinance on its Final Passage and Pass?

 

ALDERMAN BARON:           I so move.

 

ALDERMAN BROWN:          Second.

 

MAYOR GREEN:       Motion by Alderman Baron, seconded by Alderman Brown.  Any questions?  Roll call. 

 

CLERK DUMAS:

AYE:  Brown; Epstein; Baron; Williams; Ciaccio; Swanson; Linneman; Diersen; Jones; Schwade; Coleman; Cox (12)

            ABSENT: Hunter (1)   

 

ORDINANCE RELATING TO EXPANSION OF THE KANKAKEE RIVER

VALLEY ENTERPRISE ZONE BOUNDARIES AND AUTHORIZING THE

AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT

 

MAYOR GREEN:       Motion carries.  Next, is an agreement between the Illinois Department of Transportation Local Agency Agreement for Federal participation in the Riverfront Trail Phase One project that runs from Hawkins Street to the boat launch.  And, it begins on River Road, of course.  Dave, did you want to make any comments about this? 

 

DAVID TYSON:         I can’t have........yeah, this is actually the final document that we need.  We’ve gotten all the project development reports are completed on it.  They’ve all been approved by the State.  It’s down there for the final review.  This is to allow us to go out for the June leading.  It has to be the State leading on it.  There’s an agreement between a lot of other agencies.  This isn’t all just the City, but the City is the recipient of the money.  That’s why, the grant or the resolution........agreement.......are put in the City of Kankakee....but we are set to go out for bids in June.  Hope to be under construction by August on this trail.  And, that will go from the boat ramp all the way through the Shapiro Developmental, Forest Preserve property behind the college, through the water company and come out on Hawkins.  So, it’s Phase One of four phases.

 

MAYOR GREEN:       Is there a motion to approve the agreement?

 

ALDERMAN SWANSON:     I so move.

 

ALDERMAN JONES:             Second.

 

MAYOR GREEN:       Motion by Alderman Swanson, seconded by Alderman Jones.  Is there any questions?  Alderman Diersen.

 

ALDERMAN DIERSEN:        By the boat launch.  Is that about half way through that park area?

 

DAVID TYSON:         Yes.

 

ALDERMAN DIERSEN:        So, it’s not going to go further than that?

 

DAVID TYSON:         It’s going to then...........that’s as far as this grant goes.  They have other money then, they’re going to extend it on and go all the way down the roads, all the way, you know, the gravel A3 road that comes from River Road up to where that parking area is and they even hope to be able to put a bike trail adjacent to, and in front of, Splash Valley, also.  But, that’s going to be done with different funds.  The extra funds we’re having is not tied with this particular project.  It’ll be an extension of this project. 

 

MAYOR GREEN:       Steve, did you have a question?  Alderman Linneman.

 

ALDERMAN LINNEMAN:    No.

 

MAYOR GREEN:         Any other questions?  Roll call. 

 

CLERK DUMAS:

AYE:  Brown; Epstein; Baron; Williams; Ciaccio; Swanson; Linneman; Diersen; Jones; Schwade; Coleman; Cox (12)

            ABSENT: Hunter (1)   

 

ILLINOIS DEPARTMENT OF TRANSPORTATION LOCAL AGENCY

AGREEMENT FOR FEDERAL PARTICIPATION–RIVERFRONT TRAIL

PHASE ONE, SECTION 06-00001-00-BT (HAWKINS STREET TO BOAT

LAUNCH IN RIVER ROAD PARK)

 

MAYOR GREEN:       Motion carries.   Next, is an Appointment.  I’m asking for your reappointment of Bruce Payne to be our representative on the Kankakee Valley Airport Authority Board.  As you’ll recall, he took the position of George Hawker when he passed away.  His term runs out April 30, so I’m asking you to reappoint him.  Is there a motion we reappoint Mr. Payne?

 

ALDERMAN BROWN:          Motion to approve.

 

MAYOR GREEN:       Motion by Alderman Brown.  Is there a second?

 

ALDERMAN SWANSON:     Second.

 

MAYOR GREEN:       Second by Alderman.........who did it, I’m sorry?  Alderman Swanson.  All in favor, AYE.  Opposed, same sign. 

 

BRUCE PAYNE – REAPPOINTMENT AS THE REPRESENTATIVE OF THE CITY

OF KANKAKEE ON THE KANKAKEE VALLEY AIRPORT AUTHORITY BOARD

 

MAYOR GREEN:       Motion carries.  Next, under Motions and Resolutions, ah, we have a Resolution Authorizing the Intervention in the Pending Assessment Appeal of Cognis.  And, as you’ll recall, we do that in conjunction with the District 111 Board.  But, we need the Resolution from this Council in order to go forward with that.  So, I need a motion to approve that Resolution.

 

ALDERMAN SWANSON:     I so move.

 

ALDERMAN SCHWADE:     I second it.

 

MAYOR GREEN:       Motion by Alderman Swanson, seconded by Alderman Schwade.  Roll call. 

 

CLERK DUMAS:

AYE:  Brown; Epstein; Baron; Williams; Ciaccio; Swanson; Linneman; Diersen; Jones; Schwade; Coleman; Cox (12)

            ABSENT: Hunter (1)   

 

RESOLUTION AUTHORIZING INTERVENTION IN THE PENDING

ASSESSMENT APPEAL OF COGNIS CORPORATION

 

MAYOR GREEN:       Motion carries.  Next, is a Resolution for us to be able to spend funds that we may recover when we sell bonds.  We haven’t done that yet.  Ah, we have been discussing this at the Budget Committee.  We’ve had several meetings.  We’re going to come back to you with a recommendation for infrastructure, capital bonds and a restructuring of our debt at the lower interest rates that are available today.  We have a special meeting of the Budget Committee which is going to be held on the 30th of this month at the Administration Building.  All 14 aldermen, of course, are welcome to be there if they would like ‘cause we will have a discussion and come back to this Council with a recommendation for the first meeting in April.  So, in order........in case we spend any funds that, if we end up selling bonds, then we can reimburse ourselves and that’s the reason for this Resolution.  So, I need a motion to approve this Resolution.

 

ALDERMAN EPSTEIN:         I make a motion to approve.

 

MAYOR GREEN:       Motion by Alderman Epstein.  Is there a second?

 

ALDERMAN BARON:           Second. 

 

MAYOR GREEN:       Second by Alderman Baron.  Roll call. 

 

CLERK DUMAS:

AYE:  Brown; Epstein; Baron; Williams; Ciaccio; Swanson; Linneman; Diersen; Jones; Schwade; Coleman; Cox (12)

            ABSENT: Hunter (1)   

 

DECLARATION OF OFFICIAL INTENT REGARDING CERTAIN CAPITAL

EXPENDITURES TO BE REIMBURSED FROM PROCEEDS OF AN OBLIGATION

 

MAYOR GREEN:       Motion carries.  Are there any comments or questions from the Aldermen?  Alderman Jones.

 

ALDERMAN JONES:             Mayor, I’ve gotten a few phone calls and I have concerns myself and I brought it to the candidate about her sign at Chicago and River to ask to be it removed being it’s a safety issue blocking the view of traffic going up and down River Street.  I’ve gone to Code to ask them to check it out.  They, in turn, I guess, went out with Lt. McGovern, who is one of the people that put up the sign, so I don’t see any resolution to this, other than putting a plea to the Council to please have that sign removed off of River and Chicago.

 

MAYOR GREEN:       I think the issue of signs is something this City Council should have attended to a long time ago.

 

ALDERMAN JONES:             Well, there is an Ordinance.........

 

MAYOR GREEN:       Excuse me.  There’s not an Ordinance in place that deals with signage on private property.  I don’t believe there is.

 

ALDERMAN JONES:             I thought there was a size.

 

MAYOR GREEN:       This is on private property.  You know, I’ve recommended time and time again that this City Council adopt a Sign Ordinance in this City, so I have no problem in recommending that to committee to do that.  I don’t know about the issues of whether it’s a traffic hazard or anything like that.

 

ALDERMAN JONES:             Well, there’s three foot bushes up there.  And, the sign is above the bushes.  And, it’s blocking the view.

 

MAYOR GREEN:       Alderman, I’m not sure what rights we have to go on private property and remove signs.

 

ALDERMAN JONES:             Well, I pleaded to the candidate to please move the sign.  She can move it to the other side of the person’s property where it’s not on River Street where it’s blocking the view.

 

MAYOR GREEN:       Well, there are lots of signs in this City I don’t agree with either and this is not one of them.  And, I’d like to start listing them and I don’t think you want me to do that.  So.  Thank you.

 

ALDERMAN JONES:             Well, it’s kind of sad, Mayor, when the person is on the Committee for Public Safety and for, ah, ah, Ordinances and stuff and she doesn’t even obey the Ordinances.

 

MAYOR GREEN:       Thanks for your comment.  Any other comments?  Ah, one thing I do want to remind you of.  This is the last meeting we will hold in this facility.  We will be back to the Public Safety Building the first Monday in April.  Our meeting will be held there.  They’ll be moving into that new building the last week of March and the beginning of April, so we will then be holding our Committee meetings and everything back at the.........I still call it the old City Hall building at 385 E. Oak Street.  So.  And, by the way, when you come in, the one thing you will have to do is go through security to get into the building.  That’s something that will be new to everybody including the public.  So, just letting you know ahead of time.  Okay.  We do not need an Executive Session.  I’ll entertain a motion to adjourn.

 

ALDERMAN SCHWADE:     So moved.

 

ALDERMAN WILLIAMS:     Second.

 

MAYOR GREEN:       Motion by Alderman Schwade, seconded by Alderman Williams.

 

MOTION TO ADJOURN CITY COUNCIL MEETING

                                                                                                                                               7:25 P.M.