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City Council

Regular Meeting

DeKalb, IL · August 27, 2012

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Minutes

MINUTES COMMITTEE OF THE WHOLE MEETING OF CITY COUNCIL CITY OF DEKALB August 27, 2012 The City Council of DeKalb, Illinois held a Committee of the Whole Meeting on Monday, August 27, 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 (arrived at 6:09 p.m.), Alderman Tom Teresinski, Alderman Kristen Lash, Alderman Brendon Gallagher, Alderman Ronald Naylor, Alderman David Baker, Alderman Monica O’Leary (arrived at 6:04 p.m.) and Mayor Kris Povlsen. Also present were: Mark Biernacki, City Manager; Rudy Espiritu, Assistant City Manager; Dean Frieders, City Attorney, Gene Lowery, Police Chief; Eric Hicks, Interim Fire Chief; Joel Maurer, Assistant Director Public Works–Engineering/ Transportation; Laura Pisarcik, Finance/Purchasing Director; Jeff Birtell, I&T Technician; and Diane Wright, City Clerk. Mr. Biernacki requested that the Agenda be amended to include under Consideration 5. “Security Procedures as provided for in 5 ILCS 120/2(c)(8). B. ITEMS ALSO ON THE REGULAR MEETING AGENDA: None. C. CONSIDERATIONS: 1) CONSIDERATION OF A PRESENTATION ON THE POLICE STATION BOND. Mr. Biernacki introduced Ms. Elizabeth Hennessey of Wm. Blair who provided Council with information on the bond. She stated that the bond market continues to be strong; rates have risen in the last three weeks, but are coming back down. She added that the supply is low which will bring a low interest rate for the City’s bonds. She stated that the City has a limited amount of cash and will need to do the bond issue sooner than December. She explained the $10 million will be issued in 2012 and the balance in 2013. Ald. O’Leary arrived at 6:04 p.m. Committee of the Whole Meeting August 27, 2012 Page 2 of 5 Ms. Hennessey provided the financing options: 1) issue $12 million in bonds; 2) issue $12,250,000 (includes fire station improvements); 3) issue $13,950,000 (includes fire station improvements and additional street projects). She noted that a shorter debt indicates lower interest rates. Ald. Jacobson arrived at 6:09 p.m. Ms. Hennessey explained the details of each of the options. Mr. Biernacki advised Council that he met with the lobbyists in Washington D.C. and the economic development administrators regarding a possible grant funded at 50% for a road improvement project at Peace and Lincoln. He added that the federal government has expressed a favorable review of the proposal; however, the City would need to provide at 50% match. He stated it was an option for Council to consider during the discussion. He added that if the City doesn’t receive the grant, it won’t have to issue that portion of the bond. Mr. Maurer added that DSATS allots funds for street improvements, and the funding is determined for DeKalb County for the next five years; funding for this project would not be available through DSATS until 2018, he said. Council asked questions regarding the street improvement project and discussed aspects of it and the bonds for it. Additionally, Ms. Hennessey answered questions regarding the City’s debt structure position. Ald. Teresinski noted that the interest rate on option 3 is considerably higher than the other two options. Ald. Lash stated that Council passed an increase in the gas tax one year ago to pay for the police station. She added that option 3 adds $4 million to the debt service and she cannot support it. Additionally, she said, she could consider the fire station improvements as it is a public safety building issue and doesn’t extend the payments. Ald. Gallagher stated that the estimated cost on the improvements to the fire station could possibly be lower. He added he could consider option 1 or 2 and if other Council Members want to do the road project, he could also consider that. Ald. Naylor supported the bond for road improvements and suggested transferring $600,000 from the Motor Fuel Tax Fund to the General Fund. He stated he has concerns about taking on debt and stated the City should be able to come up with the road funding. He agreed with option 2. Ald. Jacobson agreed that the fire station improvement costs could be lower. He added that now is not the time to add on the debt for road improvements. Ald. O’Leary stated she could support option 2 as did Ald. Teresinski. MOTION Ald. Teresinski moved to approve option 2; seconded by Ald. Lash. Ald. Baker suggested contacting local banks for lower interest rates. Mr. Biernacki replied that staff will research options and bring them to Council. Ald. Gallagher stated he supports option 2, but suggested looking at option 1 and contact local banks for options for the fire station improvements. Committee of the Whole Meeting August 27, 2012 Page 3 of 5 VOTE Motion carried 6-2 on roll call vote. Aye: Teresinski, Lash, Naylor, Baker, O’Leary, Povlsen. Nay: Jacobson, Gallagher. Mayor Povlsen declared the motion passed. 2) CONSIDERATION OF AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF DEKALB, ILLINOIS, CHAPTER 1, “GENERAL PROVISIONS,” SECTION 1.12 RELATING TO “MAIL-IN ORDINANCE VIOLATIONS” FOR THE CITY OF DEKALB. Mr. Frieders advised Council that criminal offenses are divided into traffic and non-traffic. This amendment relates to non-traffic, he said. He discussed the process to allow for more flexibility for the citizens and outlined the amendments. Council discussed the ordinance and asked questions of Mr. Frieders which he answered. MOTION Ald. Jacobson moved to approve the recommendation amending Municipal Code Section 1.12 relating to “Mail-In Ordinance Violations” and directed staff to bring it back to a regular Council meeting for formal approval; seconded by Ald. O’Leary. Motion carried on voice vote. Mayor Povlsen declared the motion passed. 3) CONSIDERATION OF AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF DEKALB, ILLINOIS, CHAPTER 9, “ESTABLISHMENT OF FEES,” SECTION 9.07, “FINGERPRINT APPLICANT FEE.” Mr. Frieders explained the proposals under Chapter 9.07, Fingerprint Applicant Fee. He stated that staff has conducted a comparison of fees and DeKalb has the highest fee in the state for fingerprinting. Through this ordinance, he said, the Police Chief would assess the cost and establish the fee from time to time. Council discussed the current fee and possible lower fees. MOTION Ald. Teresinski moved to recommend a $50 fee for fingerprinting; seconded by Ald. Naylor. Mr. Frieders stated that the ordinance as written would allow the Police Chief to set the fee; Council could review it, he said. Ald. Teresinski withdrew his motion; Ald. Naylor withdrew his second. MOTION Ald. Teresinski moved to approve the recommendation amending Municipal Code Section 9.07 “Fingerprint Applicant Fee,” and directed staff to bring it back to a regular Council meeting for formal approval; seconded by Ald. Naylor. Motion carried on voice vote. Mayor Povlsen declared the motion passed. Committee of the Whole Meeting August 27, 2012 Page 4 of 5 4) CONSIDERATION OF AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF DEKALB, ILLINOIS, CHAPTER 7 SECTION 7.19 “PROCEDURES FOR BILLING AND TERMINATION OF SERVICE. Not acted on in this meeting. 5) 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) AND PENDING LITIGATION 5 ILCS 120/2(C)(11). Not acted on in this meeting. D. ADJOURNMENT: MOTION Ald. Jacobson moved to adjourn the meeting; seconded by Ald. Teresinski 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 September 10, 2012 Committee of the Whole Meeting August 27, 2012 Page 5 of 5 MINUTES REGULAR MEETING OF CITY COUNCIL CITY OF DEKALB August 27, 2012 The City Council of DeKalb, Illinois, held a regular meeting on Monday, August 27, 2012 in the Council Chambers of the DeKalb Municipal Building, 200 South Fourth Street, DeKalb, Illinois. Mayor Povlsen called the meeting to order at 7:08 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 (arrived at 7:13 p.m.), Alderman Tom Teresinski, Alderman Kristen Lash (arrived at 7:13 p.m.), Alderman Brendon Gallagher, Alderman Ronald Naylor, Alderman David Baker and Alderman Monica O’Leary. Also present were: Mark Biernacki, City Manager; Rudy Espiritu, Assistant City Manager, Dean Frieders, City Attorney; Gene Lowery, Police Chief, Eric Hicks, Interim Fire Chief; Joel Maurer, Assistant Director Public Works – Engineering/ Transportation; Derek Hiland, Principal Planner; Laura Pisarcik, Director of Finance/Purchasing; Mark Espy, Assistant Public Works Director – Operations/Maintenance; Jeff Birtell, I&T Technician; and Diane Wright, City Clerk. B. PLEDGE OF ALLEGIANCE: Ald. Baker led the Pledge of Allegiance to the Flag. C. APPROVAL OF AGENDA – ADDITIONS/DELETIONS: Mr. Biernacki requested that Security Procedures 5 ILCS 120/2(c)(8) be added to Item M. MOTION Ald. Teresinski moved to approve the Agenda as amended; seconded by Ald. Gallagher. Motion carried 6-0-2 on roll call vote. Aye: Teresinski, Gallagher, Naylor, Baker, O’Leary, Povlsen. Absent: Jacobson, Lash. Mayor Povlsen declared the motion passed. D. SPECIAL ITEMS OR PRESENTATIONS & CITIZENS’ COMMENTS: I. SPECIAL ITEMS ● 4th Quarter Financial Report Ms. Pisarcik provided a synopsis of the 4th quarter report and noted that estimates are to end the year with a $580,000 surplus. Regular City Council Meeting Minutes August 27, 2012 Page 2 of 8 Ald. Gallagher and Ald. Lash arrived at 7:13 p.m. Ms. Pisarcik gave a brief report on the status of the funds. Council thanked her for the report. II. APPROVAL OF MAYOR APPOINTMENTS: NONE. III. CITIZENS’ COMMENTS NONE. E. CONSENT AGENDA – OMNIBUS VOTE: MOTION Ald. Gallagher moved to approve the Consent Agenda; seconded by Ald. O’Leary. Motion carried 8-0 on roll call vote. Aye: Jacobson, Teresinski, Lash, Gallagher, Naylor, Baker, O’Leary, Povlsen. Mayor Povlsen declared the motion passed. MOTION Ald. Gallagher moved to approve the items on the Consent Agenda; seconded by Ald. Lash. Motion carried 8-0 on roll call vote. Aye: Jacobson, Teresinski, Lash, Gallagher, Naylor, Baker, O’Leary, Povlsen. Mayor Povlsen declared the motion passed. 1. APPROVAL OF CITY COUNCIL MINUTES: Committee of the Whole: August 13, 2012 Regular Meeting: August 13, 2012 Approved in the Consent Agenda by Omnibus Vote. 2. RECEIVE AND FILE: Human Relations Commission Minutes: June 5, 2012 Public Works Quarter 1 and Quarter 2 (Calendar Year 2012) Building Permit Reports Finance Division Investment & Banking Report: July 2012 Finance Division Annual Investment & Banking Report Finance Division Check lists: June 2012 & July 2012 Received and filed in the Consent Agenda by Omnibus Vote. 3. ORDINANCE 12-71 AMENDING THE MUNICIPAL CODE OF THE CITY OF DEKALB, ILLINOIS, CHAPTER 3, SECTION 3.20, RELATING TO THE “BOARD OF FIRE AND POLICE COMMISSIONERS;” SECTION 3.43 RELATING TO THE “MANAGEMENT PAY PLAN;” SECTION 3.46 RELATING TO RESIDENCY REQUIREMENTS;” CHAPTER 4, SECTION 4.02, RELATING TO THE “CHIEF OF POLICE,” AND CHAPTER 5, RELATING TO THE FIRE DEPARTMENT OF THE CITY OF DEKALB. Approved in the Consent Agenda by Omnibus Vote. Regular City Council Meeting Minutes August 27, 2012 Page 3 of 8 4. RESOLUTION 12-98 RESOLUTION AUTHORIZING THE MAYOR OF THE CITY OF DEKALB TO EXECUTE AND AMEND A DOWNSTATE OPERATING ASSISTANCE GRANT AGREEMENT. Approved in the Consent Agenda by Omnibus Vote. F. PURCHASES AND BID AWARDS: NONE. G. PUBLIC HEARINGS: NONE. H. OLD BUSINESS: NONE. I. ORDINANCES – SECOND READING: 1. ORDINANCE 12-67 AMENDING THE MUNICIPAL CODE OF THE CITY OF DEKALB, ILLINOIS, CHAPTER 38, SECTION 38.20, RELATING TO GAMBLING DEVICES FOR THE CITY OF DEKALB. Mayor Povlsen read Ordinance 12-67 by title only. MOTION Ald. Gallagher moved to pass Ordinance 12-67; seconded by Ald. Baker. Mr. Frieders noted that this ordinance incorporates changes that Council made at the last meeting and suggested the ordinance be amended to reflect the changes. MOTION TO AMEND Ald. Gallagher moved to amend Ordinance 12-67 to include subsection m. along with adding bowling alleys as an approved licensee; seconded by Ald. Teresinski. Ald. Gallagher pointed out that bingo is played at Catholic Churches, people drive to Elgin and other areas to gamble, there is online gambling; he supports the ordinance. Ald. Teresinski asked how many college towns denied the licensing. Mr. Biernacki stated that his recollection is that all but one approved it. Ald. Teresinski stated he views the gambling as a “push” and as a transfer on the revenue side with regard to the City’s budget. He stated he will support the ordinance although he would not participate in the gambling. Ald. Naylor stated that he understands people’s concerns over the moral issue, but it is difficult to legislate these issues. He asked how the ordinance will be regulated. Mr. Frieders replied the licensees would need to provide a floor plan and indicate where the devices will be located. They must first have a state license before the City can license them, he added. Regular City Council Meeting Minutes August 27, 2012 Page 4 of 8 Ald. Naylor expressed concern that A-CBD licenses would be able to have a license. He added that these are for the downtown area and the licenses were created to encourage downtown development. Mayor Povlsen stated that the A-CBD licenses were created to expand downtown and they do require an age limit of 21 years and older. Mr. Frieders added it is the same as Class A. Also, he said, he would need to look at their development agreements. Ald. Lash stated her concern regarding social costs and added the gambling places an extra burden on social services. Additionally, she said, there would be a loss of revenue from retail and an extra burden on the police. She said she believes the City will lose revenue and she cannot support it. Ms. Barbara Grulke, DeKalb, Illinois spoke in opposition to the gambling devices. She stated that it will stretch the police and impact social services. It will cause more family problems and increase domestic violence, she said. The money the City receives will be spent on criminal and social costs, she said. She urged Council to oppose the gambling devices. Mr. Earl Sullivan, DeKalb, Illinois stated that the bar owners are responsible people and must conduct their businesses in a responsible manner. This will bring revenue to the City, he said. He encouraged Council to vote yes on the gambling devices. Mr. Paul Kallembach, DeKalb, Illinois stated he represents the VFW which has been in DeKalb for 85 years. He stated they now need help to pay bills and asked for Council’s support of the ordinance. He added that they are inspected each year by the Fire Department. Also, he said, this would be added revenue and will not be a “wash.” He stated that the Council receives input from a lot of “outside people” who have an agenda. He added that Council has stood up and he asked that they vote “yes” again on the ordinance. Mr. John Goodwin, DeKalb, Illinois spoke in opposition to the ordinance. He stated that the City will spend more money on policing efforts. He noted that 75% of the people gambling do not have the money to spend; it will affect food purchases, shelter and purchase of school supplies. He urged Council to oppose the ordinance. Ms. Wright advised the Mayor and Council she received petitions with 85 signatures opposed to the ordinance. Ald. Lash stated there were a few from out of town who spoke against the ordinance and only two establishments in favor. She referred to the petitions and speakers against the ordinance and added that there is a lot of opposition and reiterated she cannot support it. MOTION TO AMEND Ald. Naylor moved to amend Ordinance 12-67 to exclude A-CBD licenses. Motion died for lack of a second. VOTE Motion carried 6-2 on roll call vote. Aye: Jacobson, Teresinski, Gallagher, Naylor, Baker, Povlsen. Nay: Lash, O’Leary. Mayor Povlsen declared the motion passed. 2. ORDINANCE 12-70 Regular City Council Meeting Minutes August 27, 2012 Page 5 of 8 APPROVING A SPECIAL USE PERMIT FOR A VEHICLE SALVAGE YARD (VEHICLE RECYCLING OPERATION) AT 1008 OAK STREET, DEKALB ILLINOIS. Mayor Povlsen read Ordinance 12-70 by title only. MOTION Ald. Gallagher moved to pass Ordinance 12-70; seconded by Ald. Naylor. Mr. Hiland advised Council that he went to the site with a decibel reader and looked at the crunching machine. He added that DIMCO changed the beacon to lower the decibel and it made a significant difference. He played a video of a flattener. Mr. Hiland stated that staff suggests that the permit be reduced to six (6) cars per day to be crushed only in the afternoon. Council asked questions and discussed the amount of cars that could be flattened and stacked. Mr. Jeff Gorman of DIMC stated he is probably looking at crushing once a week and doesn’t know the capacity of storage at this time. He added that he concurs with staff’s proposal. Ald. Lash stated she shares the concerns of the neighbors regarding noise and dust. MOTION TO AMEND Ald. Gallagher moved to amend Ordinance 12-70 to allow for a maximum of six (6) cars to be crushed per day between the hours of 12:00 p.m. and 4:00 p.m.; seconded by Ald. Jacobson. Discussion ensued regarding the decibel level as it relates to trains and horns. Ald. Naylor stated he emphasizes with the neighbors, but this area has been “heavy industrial" for a long time. He added the area is far from the road and they are being required to install a fence. VOTE ON AMENDED MOTION Motion carried on voice vote. Mayor Povlsen declared the motion passed. Ms. Julia Dwyer, DeKalb, Illinois stated her opposition to the special use permit and cited the odors, air quality and metal on ground. She added that environmental toxins are heightened in children and the mercury from the crushing will add to lead levels from batteries and cables; also, the asbestos from the brake shoes is also an issue. She noted that health is a paramount concern in the Municipal Code and encourages Council to deny the request. She added that if Council approves it, she asked that they consider a cement ground or other padding to absorb fluids. Ms. Anna Marie Coveny, DeKalb, Illinois stated the major concern is the location of the facility. She noted that she has a petition signed by the residents. She asked about the lighting on the poles. She questioned the volume of the video shown. She urged Council to deny the special use permit. Regular City Council Meeting Minutes August 27, 2012 Page 6 of 8 Ms. Wright advised the Mayor and Council she received a petition with eight signatures opposed to the special use permit. VOTE Motion carried 6-2 on roll call vote. Aye: Jacobson, Teresinski, Gallagher, Naylor, Baker, Povlsen. Nay: Lash, O’Leary. Mayor Povlsen declared the motion passed. J. ORDINANCES – FIRST READING: 1. ORDINANCE 12-72 APPROVING A SPECIAL USE PERMIT TO ALLOW FOR A COMPREHENSIVE SIGNAGE PLAN ON PROPERTY ZONED “GC” GENERAL COMMERCIAL AT 921 WEST LINCOLN HIGHWAY TO ALLOW FOR VARIATIONS FROM ARTICLE “13” SIGNS OF THE UNIFIED DEVELOPMENT ORDINANCE TO ERECT MUSEUM CAMPUS SIGNAGE. Mayor Povlsen read Ordinance 12-72. MOTION Ald. Lash moved to receive and file Ordinance 12-72; seconded by Ald. Teresinski. Mr. Hiland advised Council the Jos. F. Glidden Homestead at 921 W. Lincoln contacted staff with a request to increase marketing and visibility along Lincoln with an ornamental sign measuring 70’x80’. He noted that the Planning and Zoning Commission gave a unanimous recommendation. VOTE Motion carried on voice vote. Mayor Povlsen declared the motion passed. MOTION Ald. Gallagher moved to waive second reading of Ordinance 12-72; seconded by Ald. O’Leary. Motion carried 8-0 on roll call vote. Aye: Jacobson, Teresinski, Lash, Gallagher, Naylor, Baker, O’Leary, Povlsen. Mayor Povlsen declared the motion passed. MOTION Ald. Gallagher moved to pass Ordinance 12-72; seconded by Ald. Naylor. Motion carried 8-0 on roll call vote. Aye: Jacobson, Teresinski, Lash, Gallagher, Naylor, Baker, O’Leary, Povlsen. Mayor Povlsen declared the motion passed. 2. ORDINANCE 12-73 REPEALING ORDINANCE 12-40 AND APPROVING A SPECIAL USE PERMIT FOR A CHURCH AT 801 NORMAL ROAD, DEKALB. Mayor Povlsen read Ordinance 12-73 by title only. MOTION Ald. Gallagher moved to receive and file Ordinance 12-40; seconded by Ald. Teresinski. Motion carried on voice vote. Mayor Povlsen declared the motion passed. Regular City Council Meeting Minutes August 27, 2012 Page 7 of 8 MOTION Ald. Lash moved to waive second reading of Ordinance 12-73; seconded by Ald. Teresinski. Motion carried 8-0 on roll call vote. Aye: Jacobson, Teresinski, Lash, Gallagher, Naylor, Baker, O’Leary, Povlsen. Mayor Povlsen declared the motion passed. MOTION Ald. Teresinski moved to pass Ordinance 12-73; seconded by Ald. Jacobson. Motion carried 8-0 on roll call vote. Aye: Jacobson, Teresinski, Lash, Gallagher, Naylor, Baker, O’Leary, Povlsen. Mayor Povlsen declared the motion passed. K. RESOLUTIONS: 1. RESOLUTION 12-99 AUTHORIZING THE MAYOR OF THE CITY OF DEKALB, ILLINOIS, TO ENTER INTO AN AGREEMENT WITH THE DEKALB COUNTY COMMUNITY GARDENS FOUNDATION TO INSTALL AND MAINTAIN A VEGETABLE AND FLOWER GARDEN ON CITY HALL PROPERTY. Mayor Povlsen read Resolution 12-99 by title only. MOTION Ald. Naylor moved to pass Resolution 12-99; seconded by Ald. Lash. Mr. Espy stated that staff was approached by the Community Gardens Foundation to use a portion of the City’s property to install a garden. Mr. Dan Kenney, DeKalb, Illinois stated they are a non-profit organization and have seventeen (17) sites with ninety (90) different garden beds. The vegetables grown are given to many of the clients of social service agencies. VOTE Motion carried on voice vote. Mayor Povlsen declared the motion passed. 2. RESOLUTION 12-100 AUTHORIZING THE MAYOR OF THE CITY OF DEKALB, ILLINOIS TO SIGN A QUIT CLAIM DEED RELATING TO CERTAIN PROPERTY LOCATED AT 1890 SYCAMORE ROAD, DEKALB, ILLINOIS. Mayor Povlsen read Resolution 12-100 by title only. MOTION Ald. Teresinski moved to pass Resolution 12-100; seconded by Ald. Gallagher. Motion carried 8-0 on roll call vote. Aye: Jacobson, Teresinski, Lash, Gallagher, Naylor, Baker, O’Leary, Povlsen. Mayor Povlsen declared the motion passed. L. REPORTS – COMMUNICATIONS: Regular City Council Meeting Minutes August 27, 2012 Page 8 of 8 Mayor Povlsen and Council welcomed back the NIU students and cautioned all to be cautious when driving. Ald. Gallagher encouraged citizens to contact him regarding trash violations. He noted that the playground is in place at Founders Elementary School. Ald. Naylor relayed a fatal attack on a dog and stated he would like to hear from other aldermen regarding loose dogs attacking other dogs or people. Additionally, he invited the 5th Ward to attend a meeting with him on Saturday, September 8th at 10:00 a.m. at Barb City Manor. Mr. Frieders advised he will be bringing to Council in the future a list of fees and permits with a recommendation to streamline operations and create one central list. 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) AND PENDING LITIGATION 5 ILCS 120/2(c)(11). MOTION Ald. Lash moved to approve staff’s 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) and Pending Litigation 5 ILCS 120/2(c)(11); seconded by Ald. Naylor. Motion carried 8-0 on roll call vote. Aye: Jacobson, Teresinski, Lash, Gallagher, Naylor, Baker, O’Leary, Povlsen. Mayor Povlsen declared the motion passed. Mayor Povlsen closed the meeting to the public at 8:49 pm. Mayor Povlsen opened the meeting to the public at 9:50 pm. N. ADJOURNMENT: Ald. Baker moved to adjourn the meeting; seconded by Ald. Jacobson. Motion carried on voice vote. Mayor Povlsen declared the meeting adjourned at 9:50 p.m. DIANE K. WRIGHT, City Clerk Approved by City Council September 10, 2012