City Council

MINUTES COMMITTEE OF THE WHOLE MEETING OF CITY COUNCIL CITY OF DEKALB May 29, 2012 The City Council of DeKalb, Illinois held a Committee of the Whole Meeting on Monday, May 29, 2012 in the City Council Chambers of the DeKalb Municipal Building, 200 South Fourth Street, DeKalb, Illinois. Mayor Povlsen called the meeting to order at 6:00 p.m. A. ROLL CALL: City Clerk Wright called the roll and the following members of City Council were present: Alderman David Jacobson, Alderman Tom Teresinski, Alderman Kristen Lash, Alderman Brendon Gallagher, Alderman Ronald Naylor, Alderman Monica O’Leary and Mayor Kris Povlsen. Absent was Alderman David Baker. Also present were: Mark Biernacki, City Manager; Rudy Espiritu, Assistant City Manager; Dean Frieders, City Attorney; Ron Pearson, Interim Police Chief; Gene Lowery, Police Chief-Elect; Eric Hicks, Interim Fire Chief; T.J. Moore, Public Works Director; Joel Maurer, Assistant Director Public Works – Engineering/Transportation; Derek Hiland, Principal Planner; Laura Pisarcik, Finance/Purchasing Director; Tom Cleveland, Assistant Public Works Director – Airport; Jeff Birtell, I&T Technician; Tammey Higgins, Deputy City Clerk; and Diane Wright, City Clerk. Mayor Povlsen advised that Ald. Baker was out of town and unable to attend the meeting. B. ITEMS ALSO ON THE REGULAR MEETING AGENDA: 1) CONSIDERATION OF A RESOLUTION AUTHORIZING THE MAYOR OF THE CITY OF DEKALB, ILLINOIS TO SIGN A SPECIALIZED SERVICE OPERATOR (SASO) AGREEMENT WITH CODE I AVIATION TO RESTORE AND MAINTAIN VINTAGE MILITARY JET AIRCRAFT AT THE DEKALB TAYLOR MUNICIPAL AIRPORT. Mr. Cleveland advised that Nathan Jones of Code I Aviation would like to start a commercial business at the airport restoring and displaying vintage military aircraft. Mr. Cleveland added that this would be a great addition to the airport. Mr. Jones addressed Council and advised that he is excited to bring his business to DeKalb. Committee of the Whole Meeting May 29, 2012 Page 2 of 4 MOTION Ald. Jacobson moved to direct staff to bring this item to the Council’s regular meeting tonight for formal approval; seconded by Ald. Naylor. Motion carried on voice vote. Mayor Povlsen declared the motion passed. C. CONSIDERATIONS: 1) CONSIDERATION OF AN UPDATE TO THE CITY COUNCIL’S STRATEGIC GOALS. Mr. Biernacki apologized that the Council’s backup materials contained the previous strategic goals and distributed the goals that were discussed at the April retreat. He asked Council to review them and stated they will be brought back for further discussion or formal vote at the next meeting. MOTION Ald. Lash moved to direct staff to bring back the strategic goals to the next Committee of the Whole meeting for further discussion; seconded by Ald. O’Leary. Motion carried on voice vote. Mayor Povlsen declared the motion passed. 2) CONSIDERATION OF FIRE DEPARTMENT STAFFING. Interim Fire Chief Hicks requested that Council consider an increase in the Fire Department’s staffing to seventeen (17) per shift with two (2) on swing shift. Interim Chief Hicks provided Council with a history of staffing, reorganization of the Department and increasing need for more staff. He added that overtime continues to increase and the additional personnel would actually save the City money by eliminating some overtime. He further answered questions from Council. Mr. Biernacki clarified that Interim Chief Hicks is proposing this increase for Fiscal Year 2014, not the proposed budget before Council. If approved, he said, the additional staff would be on duty July 1, 2013. Council discussed the timing and whether the staffing should be increased for this coming Fiscal Year. Additionally they discussed the increasing costs in overtime. MOTION Ald. Lash moved to bring this item back to a Committee of the Whole meeting for further discussion; seconded by Ald. O’Leary. Motion carried on voice vote. Mayor Povlsen declared the motion passed. 3) APPROVAL OF A STAFF REQUEST TO HOLD A CLOSED SESSION TO DISCUSS PERSONNEL AS PROVIDED FOR IN 5 ILCS 120/2(c)(1); COLLECTIVE BARGAINING 5 ILCS 120/2(c)(2); PURCHASE OF REAL PROPERTY 5 ILCS 120/2(c)(5); AND PENDING LITIGATION 5 ILCS 120/2(c)(11). MOTION Ald. Gallagher moved to approve staff’s request to hold a closed session to discuss Personnel as provided for in 5 ILCS 120/2(c)(10; Collective Bargaining 5 ILCS 120/2(c)(2); Purchase of Real Property 5 ILCS 120/2(c)(5) and Pending Litigation 5 ILCS 120/2(c)(11); seconded by Ald.  Committee of the Whole Meeting May 29, 2012 Page 3 of 4 Lash. Motion carried 7-0-1 on roll call vote. Aye: Jacobson, Teresinski, Lash, Gallagher, Naylor, O’Leary, Povlsen. Absent: Baker. Mayor Povlsen declared the motion passed. D. ADJOURNMENT: MOTION Ald. Jacobson moved to adjourn the meeting; seconded by Ald. Lash. Motion carried on voice vote. Mayor Povlsen declared the meeting adjourned at 7:00 p.m. ______________________________________ DIANE K. WRIGHT, City Clerk Approved by City Council June 11, 2012 Committee of the Whole Meeting May 29, 2012 Page 4 of 4  MINUTES REGULAR MEETING OF CITY COUNCIL CITY OF DEKALB May 29, 2012 The City Council of DeKalb, Illinois, held a regular meeting on Monday, May 29, 2012 in the Council Chambers of the DeKalb Municipal Building, 200 South Fourth Street, DeKalb, Illinois. Mayor Povlsen called the meeting to order at 7:05 p.m. A. ROLL CALL: City Clerk Wright called the roll and the following members of City Council were present: Mayor Kris Povlsen; Alderman David Jacobson, Alderman Tom Teresinski, Alderman Kristen Lash, Alderman Brendon Gallagher, Alderman Ronald Naylor (arrived at 7:06 p.m.), and Alderman Monica O’Leary. Absent was Alderman David Baker. Also present were: Mark Biernacki, City Manager; Rudy Espiritu, Assistant City Manager; Dean Frieders, City Attorney; Ron Pearson, Interim Police Chief; Gene Lowery, Police Chief-Elect; Eric Hicks, Interim Fire Chief; T.J. Moore, Public Works Director; Joel Maurer, Assistant Director Public Works – Engineering/Transportation; Derek Hiland, Principal Planner; Laura Pisarcik, Finance/Purchasing Director; Tom Cleveland, Assistant Public Works Director – Airport; Jeff Birtell, I&T Technician; Tammey Higgins, Deputy City Clerk; and Diane Wright, City Clerk. Mayor Povlsen announced that Alderman Baker was out of town and unable to attend the meeting. B. PLEDGE OF ALLEGIANCE: Mayor Povlsen announced that Boy Scout Troop 33 will present the colors. Ald. O’Leary led the Pledge of Allegiance to the Flag. C. APPROVAL OF AGENDA – ADDITIONS/DELETIONS: Ald. Lash asked that Items J. 1 (Ordinance 12-39) and J. 2 (Ordinance 12-40) be switched in order for discussion in that there are many people wanting to address Ordinance 12-40. Additionally, she requested that Item M. Closed Session be removed from the Agenda inasmuch as all Closed Session items were discussed at the Committee of the Whole meeting. MOTION Ald. Teresinski moved to approve the Agenda as amended; seconded by Ald. Gallagher. Motion carried 7-0-1 on roll call vote. Aye: Jacobson, Teresinski, Lash, Gallagher, Naylor, O’Leary, Povlsen. Absent: Baker. Mayor Povlsen declared the motion passed. Regular City Council Meeting Minutes May 29, 2012 Page 2 of 11 D. SPECIAL ITEMS OR PRESENTATIONS & CITIZENS’ COMMENTS: I. SPECIAL ITEMS ● Swearing in of Police Chief Eugene Lowery City Clerk Wright provided the Oath of Office to Police Chief Eugene Lowery and City Manager Biernacki presented Chief Lowery with his Police badge. Additionally, Mr. Biernacki and Mayor Povlsen welcomed Chief Lowery to the City. Chief Lowery thanked all and said he looked forward to working with staff and the community. ● Certificate of Recognition to Ron Pearson Mayor Povlsen read the Certificate of Recognition for the work Ron Pearson performed as Police Administrator and thanked him on behalf of the Council, staff and the community. ● Human Relations Commission Diversity Contest Winners: Jennifer Mendez, Cortland, 5th Grade Katelyn Petryka, Lincoln, 5th Grade Joanna Ruiz, Founders, 5th Grade Kendall Hampton, CRMS, 7th Grade Lily Smith-Riel, CRMS, 7th Grade Sydney Sandberg, CRMS, 7th Grade Mr. Norden Gilbert of the Human Relations Commission and Mayor Povlsen presented certificates and gift cards to the six winners of the Unity in the Community Diversity contest sponsored by the Human Relations Commission. ● Electrical Aggregation Update Mr. Moore advised Council that seven (7) bids were accepted by the City for the electrical aggregation. He added that staff is in the process of negotiating a price and expect to have a contract within the next week and will place the item on the Agenda for formal approval. He added that the contract should be in place by the first of August. II. CITIZENS’ COMMENTS NONE. E. CONSENT AGENDA – OMNIBUS VOTE: MOTION Ald. Gallagher moved to approve the Consent Agenda; seconded by Ald. Jacobson. Motion carried 7-0-1 on roll call vote. Aye: Jacobson, Teresinski, Lash, Gallagher, Naylor, O’Leary, Povlsen. Absent: Baker. Mayor Povlsen declared the motion passed.  Regular City Council Meeting Minutes May 29, 2012 Page 3 of 11 MOTION Ald. Jacobson moved to approve the listing of Consent Agenda items; seconded by Ald. Lash. Motion carried 7-0-1 on roll call vote. Aye: Jacobson, Teresinski, Lash, Gallagher, Naylor, O’Leary, Povlsen. Absent: Baker. Mayor Povlsen declared the motion passed. 1. APPROVAL OF CITY COUNCIL MINUTES: Special Joint City Council Meetings: May 7, May 8, May 9, May 15, 2012 Committee of the Whole: May 14, 2012 Regular Meeting: May 14, 2012 Approved in the Consent Agenda by Omnibus Vote. 2. RECEIVE AND FILE: Planning/Zoning Minutes: February 29, and March 14, 2012 Citizens’ Community Enhancement Commission Minutes: April 16, 2012 Airport Advisory Board Minutes: April 17, 2012 Finance Division Bank Balance & Bank Statement: April 2012 Received and filed in the Consent Agenda by Omnibus Vote. 3. APPROVAL OF MAYOR APPOINTMENTS: NONE. 4. RESOLUTION 12-58 AUTHORIZING THE MAYOR OF THE CITY OF DEKALB, ILLINOIS, TO SIGN AN INTERGOVERNMENTAL AGREEMENT WITH THE DEKALB SANITARY DISTRICT FOR STORAGE OF SNOW. Approved in the Consent Agenda by Omnibus Vote. 5. RESOLUTION 12-59 AUTHORIZING THE MAYOR OF THE CITY OF DEKALB, ILLINOIS, TO ENTER INTO A SPECIALIZED AVIATION SERVICE OPERATOR (SASO) AGREEMENT WITH CODE I AVIATION TO RESTORE AND MAINTAIN VINTAGE MILITARY JET AIRCRAFT AT THE DEKALB TAYLOR MUNICIPAL AIRPORT. Approved in the Consent Agenda by Omnibus Vote. F. PURCHASES AND BID AWARDS: NONE. G. PUBLIC HEARINGS: 1. PUBLIC HEARING ON THE CITY OF DEKALB FY-2013 BUDGET. Mayor Povlsen opened the Public Hearing at 7:25 p.m. There being no public comments, he continued the Public Hearing to the next meeting on June 11, 2012. Regular City Council Meeting Minutes May 29, 2012 Page 4 of 11 H. OLD BUSINESS: NONE. I. ORDINANCES – SECOND READING: NONE. J. ORDINANCES – FIRST READING: 1. ORDINANCE 12-40 APPROVING A SPECIAL USE PERMIT FOR A CHURCH AT 801 NORMAL ROAD, DEKALB. Mayor Povlsen read Ordinance 12-40 by title only. MOTION Ald. Jacobson moved to receive and file Ordinance 12-40; seconded by Ald. Lash. Mr. Hiland stated that the Islamic Society is requesting a special use permit to move their Mosque to 801 Normal Road. He added that the Plan and Zoning Commission approved it with conditions. Since that time staff has met with the requestor; he distributed a revised development agreement. Mr. Mark Doherty, attorney for the requestor, stated they are not asking for any variances and the use is consistent with the area. He noted the requestor has received support from numerous members of the community. Additionally, he said, all concerns have been addressed. Mr. Mohammed Labadi, Cortland, Illinois stated they have been model citizens and have attended many meetings with City staff and discussed the aspects of the project. He stated that the Mosque blends in with the neighborhood and asked that Council approve the permit tonight and waive second reading. Gary and Dee Coover, DeKalb, Illinois next spoke on behalf of the request and Mr. Coover stated they have lived at 803 Normal for 29 years. He noted that the building will be less than 25 feet from their home, but he and his wife strongly support the project. Rev. Stacy Walker- Frontjes, Rector of St. Paul, DeKalb, Illinois additionally spoke in support of the request. She added that she welcomes another house of worship and they do need a larger building. Profession Khan Mahabat, DeKalb, Illinois stated that Islam means peace and submission to the will of God without resistance. He urged Council also to approve the permit. Ms. Jenna Labadi, DeKalb, Illinois stated she is a student at NIU and noted that the Mosque provides a place of comfort for her and other students. She stated that it is important to have it on Normal Road because of the close proximity to school. Ms. Maimouna Konate, DeKalb, Illinois stated she is an international student and the Mosque is like being at home. She also stated it is important to have the Mosque close to NIU. Ms. Linda Labadi, Naperville, Illinois stated as a parent, it is important for her daughter to be able to walk to the Mosque as it is a healthy and safe environment for young people. Mr. Shareef Khoga, DeKalb, Illinois stated he graduated from NIU and his time at the Mosque was very important.  Regular City Council Meeting Minutes May 29, 2012 Page 5 of 11 Mr. Shakeel Ahmad, DeKalb, Illinois stated he is a physician and he moved his practice to DeKalb because it was important to have the Mosque nearby. He added that other doctors attend the Mosque. Ms. Mahmam Ahmad, DeKalb, Illinois stated that she is 10 years old and attends Malta Elementary School. She stated that she wants to present her view and added that the Mosque has special value in her life. She stated that the children of DeKalb support the Mosque. Mayor Povlsen thanked the speakers, particularly Ms. Ahmad for her comments on behalf of the children. Council discussed at length the request for special use permit including parking spaces and ratio to occupancy. Ald. Naylor voiced concern regarding allowing a church amidst single family residences and noted that in the future consideration should be given regarding requirements for controls. Additionally, he raised a concern about the bioswale and noted that it takes a lot of maintenance. VOTE Motion carried on voice vote. Mayor Povlsen declared the motion passed. MOTION Ald. Lash moved to waive second reading of Ordinance 12-40; seconded by Ald. Jacobson. Council discussed maintenance of the bioswale and Mr. Frieders opined that the development agreement could be amended. AMENDED MOTION Ald. Teresinski moved to amend Ordinance 12-40 to insert in the development agreement long term maintenance of the bioswale; seconded by Ald. Naylor. Motion carried 7-0-1 on roll call vote. Aye: Jacobson, Teresinski, Lash, Gallagher, Naylor, O’Leary, Povlsen. Absent: Baker. Mayor Povlsen declared the motion passed. VOTE Motion carried 7-0-1 on roll call vote. Aye: Jacobson, Teresinski, Lash, Gallagher, Naylor, O’Leary, Povlsen. Absent: Baker. Mayor Povlsen declared the motion passed. MOTION Ald. Lash moved to pass Ordinance 12-40; seconded by Ald. Teresinski. Motion carried 7-0-1 on roll call vote. Aye: Jacobson, Teresinski, Lash, Gallagher, Naylor, O’Leary, Povlsen. Absent: Baker. Mayor Povlsen declared the motion passed. 2. ORDINANCE 12-39 APPROVING THE CITY OF DEKALB, ILLINOIS FY 2013 BUDGET, STAFFING PLAN, AND THE FY 2013 - FY 2017 FIVE YEAR GENERAL FUND FINANCIAL AND CAPITAL PLAN. Mayor Povlsen read Ordinance 12-39 by title only. MOTION Ald. Teresinski moved to receive and file Ordinance 12-39; seconded by Ald. Gallagher. Regular City Council Meeting Minutes May 29, 2012 Page 6 of 11 Ms. Pisarcik advised Council that staff has included changes to the budget that were discussed by Council and enumerated them. Council decided to discuss each separately. Human Services Funding: American Red Cross is not requesting funding; currently they are given $7,000. Council discussed at length whether to reduce the entire budgeted amount by $7,000 (from $150,000 to $143,000) or allocate this money to the other social services agencies. After further discussion, Council consensus was to leave the Human Services Funding at $150,000. Tablets/Notebooks for Council: Ms. Pisarcik stated that Ald. O’Leary suggested Council receive tablet or notebook to reduce printing agendas. She stated that estimates would be $500 each at a $4,000 total cost. Council discussed this item extensively including maintenance and possible loss of the tablets. Ms. Pisarcik advised Council that if Council approves, this item would show as a fringe benefit for tax purposes. Mr. Espiritu stated that staff can conduct research with other communities to determine their policy and will bring back information to Council. Increase Mayor Council Training: Ms. Pisarcik stated that Ald. O’Leary requested increasing training line item from $2,200 to $2,500. AMENDED MOTION Ald. Naylor moved to amend Ordinance 12-39 to increase training for Mayor and Council to $2,500; seconded by Ald. O’Leary. Motion passed 4-3-1 on roll call vote. Aye: Teresinski, Lash, Naylor, O’Leary. Nay: Jacobson, Gallagher, Povlsen. Absent: Baker. Mayor Povlsen declared the motion passed. Legal Costs: Ms. Pisarcik stated that Ald. Naylor asked for a breakdown of legal costs this past year. She noted that the City spent $44,461.82 and provided a summary. No action was required on this item. Wearing Apparel: Ms. Pisarcik stated that a typographical error listed wearing appear (account 655-8270) at $1,000; it should be $10,000. No action was required on this item. MOTION TO EXTEND MEETING At 8:45 p.m. Ald. Jacobson moved to extend the meeting past 9:00 p.m.; seconded by Ald. Teresinski. Motion carried on voice vote. Mayor Povlsen declared the motion passed. Economic Development Marketing: Ms. Pisarcik stated that Ald. Gallagher suggested increasing account 657-8373 from $12,500 to $25,000. She advised that staff prepared a breakdown of expenditures for this increase. Council asked questions of staff and discussed the item. AMENDED MOTION Ald. Gallagher moved to increase Ordinance 12-39 by implementing $25,000 as the line item cost for account 657-8373; seconded by Ald. Teresinski. Motion carried 7-0-1 on roll call vote. Aye: Jacobson, Teresinski, Lash, Gallagher, Naylor, O’Leary, Povlsen. Absent: Baker. Mayor Povlsen declared the motion passed.  Regular City Council Meeting Minutes May 29, 2012 Page 7 of 11 Consultant Studies: Ms. Pisarcik stated that a recommendation to include $50,000 for a TIF feasibility study for South 4th Street and Greek Row areas and a $50,000 line item for an update to the EPI report. Council discussed both expenditures and asked questions of staff. AMENDED MOTION Ald. Teresinski moved to amend Ordinance 12-39 to include $50,000 in line item 591-8497 for a TIF feasibility study for South 4th Street and Greek Row areas; seconded by Ald. Gallagher. Motion carried 7-0-1 on roll call vote. Aye: Jacobson, Teresinski, Lash, Gallagher, Naylor, O’Leary, Povlsen. Absent: Baker. Mayor Povlsen declared the motion passed. AMENDED MOTION Ald. Gallagher moved to amend Ordinance 12-39 to include $50,000 in line item 591-8497 for an update to the EPI report; seconded by Ald. Teresinski. Motion failed 3-3-1 on roll call vote. Aye: Teresinski, Gallagher, Naylor. Nay: Jacobson, Lash, O’Leary. Absent: Baker. Mayor Povlsen declared the motion failed, but added he supported the motion. NOTE: Mr. Frieders later corrected the vote in that Mayor Povlsen was not called for the roll call vote, but stated at the time that he would have voted for the item. The corrected roll call vote is: Motion passed 4-3-1 on roll call vote. Aye: Teresinski, Gallagher, Naylor, Povlsen. Nay: Jacobson, Lash, O’Leary. Absent: Baker. Mayor Povlsen declared the motion passed. Reduction of General Fund Budget: Ms. Pisarcik stated that Ald. Teresinski suggested that the General Fund Budget be reduced by $500,000 and transfer this amount to Worker’s Compensation Fund annually. Council discussed this item at length, weighing all options. Ms. Pisarcik was asked where the $500,000 cuts would come in the General Fund operations; she replied that she has adjusted already $213,000 in the Worker’s Comp Fund, and in future years this would need to be revisited. This leaves an additional $300,000 in cuts. She added that she would look at transfers and cutting equipment surplus. AMENDED MOTION Ald. Teresinski moved to amend Ordinance 12-39 to adjust the General Fund Budget to decrease it by $500,000; seconded by Ald. Jacobson. Ald. Lash expressed concern about the cuts to the operations; Mayor Povlsen shared her concern. Ald. Teresinski clarified his motion to amend Ordinance 12-39 to cut $300,000 more from the General Fund and stated that Council will receive a list of cuts at the second reading of the ordinance. AMENDED MOTION Ald. Naylor moved to amend Ald. Teresinski’s motion to separate it so that $475,000 is taken from the General Fund the first year. The motion died for lack of a second. VOTE ON ALD. TERESINSKI’S AMENDED MOTION Motion carried 5-2-1 on roll call vote. Aye: Jacobson, Teresinski, Gallagher, O’Leary, Povlsen. Nay: Lash, Naylor. Absent: Baker. Mayor Povlsen declared the motion passed. Regular City Council Meeting Minutes May 29, 2012 Page 8 of 11 Water Fund: Ms. Pisarcik stated that Ald. Teresinski suggested that rather than using a flat amount for the scheduled rate increase (5%), that the CPI be used instead. She added that the CPI is currently 2.3%. Council discussed this issue and both options. AMENDED MOTION Ald. Teresinski moved to amend Ordinance 12-39 to implement the scheduled water rate increase using the CPI; seconded by Ald. Gallagher. Motion carried 4-3-1 on roll call vote. Aye: Teresinski, Lash, Gallagher, O’Leary. Nay: Jacobson, Naylor, Povlsen. Absent: Baker. Mayor Povlsen declared the motion passed. Motor Fuel Tax Fund: Ms. Pisarcik stated that Ald. Naylor suggested removing costs of snow/ice control ($73,000) and electricity ($350,000) from the MFT Fund and have the costs paid from the General Fund. Ald. Naylor stressed that the City’s infrastructure needs assistance. AMENDED MOTION Ald. Naylor moved to amend Ordinance 12-39 to remove $73,000 (snow/ice materials) and $350,000 (electricity) from the Motor Fuel Tax Fund and direct that these expenditures be paid from the General Fund. Motion died for lack of a second. Central Area TIF Fund: Ms. Pisarcik stated that Ald. Teresinski suggested that $50,000 be spent on a road inventory in the TIF area, and Ald. Naylor suggested the Street Maintenance be increased by $100,000. Council discussed both recommendations. AMENDED MOTION Ald. Naylor moved to include $50,000 for a road inventory in the TIF area and increase the Street Maintenance line item by $100,000; seconded by Ald. Teresinski. Motion carried 6-1-1 on roll call vote. Aye: Teresinski, Lash, Gallagher, Naylor, O’Leary, Povlsen. Nay: Jacobson. Absent: Baker. Mayor Povlsen declared the motion passed. Ald. Jacobson stated he has a fundamental issue with spending more than the revenues and the city is robbing all the funds. He added money is being taken from surplus to cover operating expenses and he will not support this budget. He stated that either new revenue streams must be identified or costs must be cut. VOTE ON RECEIVE AND FILE Motion carried on voice vote. Mayor Povlsen declared the motion passed. At 9:45 p.m., Mayor Povlsen called for a short recess. The meeting reconvened at 9:53 p.m. 3. ORDINANCE 12-41 AMENDING THE MUNICIPAL CODE OF THE CITY OF DEKALB, ILLINOIS, CHAPTER 49 “HUMAN RELATIONS COMMISSION.” Mayor Povlsen read Ordinance 12-41 by title only. MOTION Ald. Teresinski moved to receive and file Ordinance 12-41; seconded by Ald. Naylor.  Regular City Council Meeting Minutes May 29, 2012 Page 9 of 11 Mr. Frieders provided Council with the background and changes to Chapter 49. VOTE Motion carried on voice vote. MOTION Ald. Jacobson moved to waive second reading of Ordinance 12-41; seconded by Ald. Lash. Motion carried 7-0-1 on roll call vote. Aye: Jacobson, Teresinski, Lash, Gallagher, Naylor, O’Leary, Povlsen. Absent: Baker. Mayor Povlsen declared the motion passed. MOTION Ald. Jacobson moved to pass Ordinance 12-41; seconded by Ald. Lash. Motion carried 7-0-1 on roll call vote. Aye: Jacobson, Teresinski, Lash, Gallagher, Naylor, O’Leary, Povlsen. Absent: Baker. Mayor Povlsen declared the motion passed. 4. ORDINANCE 12-42 AMENDING THE MUNICIPAL CODE OF THE CITY OF DEKALB, ILLINOIS, CHAPTER 38, SECTION 38.18 “HOURS FOR SALE OF ALCOHOL” WITHIN THE CITY OF DEKALB, ILLINOIS. Mayor Povlsen read Ordinance 12-42 by title only. MOTION Ald. Jacobson moved to receive and file Ordinance 12-42; seconded by Ald. O’Leary. Mr. Frieders advised Council of the change in hours which will affect all other licenses. VOTE Motion carried on voice vote. Mayor Povlsen declared the motion passed. MOTION Ald. Lash moved to waive second reading of Ordinance 12-42; seconded by Ald. Jacobson. Motion carried 7-0-1 on roll call vote. Aye: Jacobson, Teresinski, Lash, Gallagher, Naylor, O’Leary, Povlsen. Absent: Baker. Mayor Povlsen declared the motion passed. MOTION Ald. Jacobson moved to pass Ordinance 12-42; seconded by Ald. Naylor. Motion carried 7-0-1 on roll call vote. Aye: Jacobson, Teresinski, Lash, Gallagher, Naylor, O’Leary, Povlsen. Absent: Baker. Mayor Povlsen declared the motion passed. 5. ORDINANCE 12-43 AMENDING THE MUNICIPAL CODE OF THE CITY OF DEKALB, ILLINOIS, CHAPTER 38, “INTOXICATING LIQUORS,” SECTION 38.05, “CLASSIFICATION OF LICENSES; FEES,” SUBSECTION 11, PARAGRAPHS D AND G, AND AMENDING SECTION 38.01, “DEFINITIONS.” Regular City Council Meeting Minutes May 29, 2012 Page 10 of 11 MOTION Ald. Jacobson moved to consider Ordinance 12-43 and Ordinance 12-44 in Omnibus Vote; seconded by Ald. Gallagher. Motion carried on voice vote. Mayor Povlsen declared the motion passed. Mayor Povlsen read Ordinances 12-43 and 12-44 by titles only. MOTION Ald. Jacobson moved to receive and file Ordinances 12-43 and 12-44; seconded by Ald. Gallagher. Mr. Frieders provided a background of amendments to both Ordinances. MOTION Ald. Gallagher moved to waive second reading of Ordinances 12-43 and 12-44; seconded by Ald. Jacobson. Motion carried 7-0-1 on roll call vote. Aye: Jacobson, Teresinski, Lash, Gallagher, Naylor, O’Leary, Povlsen. Absent: Baker. Mayor Povlsen declared the motion passed. MOTION Ald. Gallagher moved to pass Ordinances 12-43 and 12-44; seconded by Ald. Jacobson. Motion carried 7-0-1 on roll call vote. Aye: Jacobson, Teresinski, Lash, Gallagher, Naylor, O’Leary, Povlsen. Absent: Baker. Mayor Povlsen declared the motion passed. 6. ORDINANCE 12-44 AMENDING THE MUNICIPAL CODE OF THE CITY OF DEKALB, ILLINOIS, CHAPTER 38, SECTION 38.05 “CLASSIFICATION OF LICENSES/FEES,” SECTION 38.05, “AUDIT/FOOD AND ALCOHOL SALES,” SECTION 38.06, AND “LICENSE TERM: FEES,” SECTION 38.07. Passed in Omnibus Vote with Ordinance 12-43. 7. ORDINANCE 12-45 DIRECTING THE PURCHASE OR CONDEMNATION OF A PARCEL OF LAND COMMONLY REFERRED TO AS THE CLARK PROPERTY (DEKALB TAYLOR MUNICIPAL AIRPORT RUNWAY APPROACH). Mayor Povlsen read ordinance 12-45 by title only. MOTION Ald. Lash moved to receive and file Ordinance 12-45; seconded by Ald. Naylor. Mr. Frieders advised Council that the City has been negotiating with a seller near the Airport and have been unable to come to terms. This ordinance authorizes the purchase or condemnation of that property so that the City can remove the obstructions in order that aircraft can land safely. VOTE Motion carried on voice vote. Mayor Povlsen declared the motion passed.  Regular City Council Meeting Minutes May 29, 2012 Page 11 of 11 MOTION Ald. Teresinski moved to waive second reading of Ordinance 12-45; seconded by Ald. Lash. Motion carried 7-0-1 on roll call vote. Aye: Jacobson, Teresinski, Lash, Gallagher, Naylor, O’Leary, Povlsen. Absent: Baker. Mayor Povlsen declared the motion passed. MOTION Ald. Lash moved to pass Ordinance 12-45; seconded by Ald. Teresinski. Motion carried 7-0-1 on roll call vote. Aye: Jacobson, Teresinski, Lash, Gallagher, Naylor, O’Leary, Povlsen. Absent: Baker. Mayor Povlsen declared the motion passed. K. RESOLUTIONS: NONE. L. REPORTS – COMMUNICATIONS: Mayor Povlsen and Council thanked the Finance Advisory Committee for their work on this year’s budget. Additionally, all welcomed Chief Lowery to the City. Ald. Naylor asked for an update on the Emerald Ash Borer issue. Mr. Moore replied over 50% of the trees have been treated. Ald. Naylor again stated he would like to visit the requirements for single family residences and the control involved. M. RECESS FOR CLOSED SESSION: 1) APPROVAL OF A STAFF REQUEST TO HOLD A CLOSED SESSION TO DISCUSS PERSONNEL AS PROVIDED FOR IN 5 ILCS 120/2(c)(1); COLLECTIVE BARGAINING 5 ILCS 120/2(c)(2); PURCHASE OF REAL PROPERTY 5 ILCS 120/2(c)(5); AND PENDING LITIGATION 5 ILCS 120/2(c)(11). Removed from the Agenda. N. ADJOURNMENT: Ald. Jacobson moved to adjourn the meeting; seconded by Ald. Lash. Motion carried on voice vote. Mayor Povlsen declared the meeting adjourned at 10:15 p.m. DIANE K. WRIGHT, City Clerk