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City Council

Regular Meeting

Geneva, IL · July 22, 2013

AgendaMinutes

Minutes

GENEVA CITY COUNCIL MEETING JULY 22, 2013 (Special Meeting) CALL TO ORDER The July 22, 2013 special meeting of the Geneva City Council was called to order at 7:00 p.m. in the Council Chambers of City Hall by Ald. Richard Marks. Aldermen present: Don Cummings, Dorothy Flanagan, Dean Kilburg, Craig Maladra, Richard Marks, Tom Simonian, Ron Singer, Dawn Vogelsberg. Aldermen absent: Chuck Brown, Mike Bruno. Also attending: Mayor Kevin Burns, City Administrator Mary McKittrick, Asst. City Administrator/Dir. of Administrative Services Stephanie Dawkins, Public Works Director Dan Dinges, Economic Development Director Ellen Divita and Electric Superintendent Mike Buffington. Public Hearing Concerning the Intent of the City Council of the City of Geneva, Kane County, Illinois to Sell General Obligation Refunding Bonds (Electric System Alternate Revenue Source) Moved by Ald. Vogelsberg, seconded by Ald. Flanagan to open the Public Hearing. Roll call: AYES: 8 (Ald. Cummings, Flanagan, Kilburg, Maladra, Marks, Simonian, Singer, Vogelsberg) NAYS: 0 MOTION CARRIED The Public Hearing was opened at 7:03p.m. Ald. Marks called for comments from the public or from the Council. Hearing no comments from the Council or public, Ald. Marks called for a motion to close the Public Hearing. Moved by Ald. Singer, seconded by Ald. Cummings to close the Public Hearing. Roll call: AYES: 8 (Ald. Cummings, Flanagan, Kilburg, Maladra, Marks, Simonian, Singer, Vogelsberg) NAYS: 0 MOTION CARRIED The Public Hearing was closed at 7:04 p.m. 1215 Geneva City Council Meeting July 22, 2013 (Special Meeting) Closed Session on Collective Negotiating Matters Between the Public Body and Its Employees or Representatives; and Pending Litigation Moved by Ald. Simonian, seconded by Ald. Cummings that the Council adjourn to Closed Session. Roll call: AYES: 8 (Ald. Cummings, Flanagan, Kilburg, Maladra, Marks, Simonian, Singer, Vogelsberg) NAYS: 0 MOTION CARRIED The Council adjourned to Closed Session at 7:06 p.m. Moved by Ald. Flanagan, seconded by Ald. Simonian that the Council return to Open Session. Roll call: AYES: 8 (Ald. Cummings, Flanagan, Kilburg, Maladra, Marks, Simonian, Singer, Vogelsberg) NAYS: 0 MOTION CARRIED The Council returned to Open Session at 7:17 p.m. Open Session Authorizing Legal Counsel for City’s Workers Compensation Third Party Administrator to Offer Full and Final Offer for Workers Compensation Claim Moved by Ald. Singer, seconded by Ald. Flanagan to authorize legal counsel for the City’s workers compensation third-party administrator to offer full and final settlement in the amount of $156,550.50 for the workers compensation claim of Rick Castner. Roll call: AYES: 8 (Ald. Cummings, Flanagan, Kilburg, Maladra, Marks, Simonian, Singer, Vogelsberg) NAYS: 0 MOTION CARRIED Waive Fee for Special Council Meeting Moved by Ald. Vogelsberg, seconded by Ald. Flanagan that the fee for the special Council meeting be waived. Carried unanimously by voice vote. MOTION CARRIED 1216 Geneva City Council Meeting July 22, 2013 (Special Meeting) ADJOURNMENT There being no further business, moved by Ald. Simonian, seconded by Ald. Cummings to adjourn the special Geneva City Council meeting. Carried by voice vote. The meeting adjourned at 7:18 p.m. ________________________________ Mary L. McKittrick, Deputy City Clerk 1217

Agenda

NOTICE OF SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF GENEVA NOTICE IS HEREBY GIVEN that the City Council of the City of Geneva shall conduct a special meeting on Monday, July 22, 2013 at 7:00 p.m. The special meeting will be held at the City Council Chambers, Geneva, Illinois for the purpose of: 1. Public Hearing Concerning the Intent of the City Council of the City of Geneva, Kane County, Illinois to Sell General Obligation Refunding Bonds (Eletric System Alternate Revenue Source) 2. Closed Session on Collective Negotiating Matters Between the Public Body and Its Employees or Representatives; and, Pending Litigation. 3. Open Session Authorizing Legal Counsel for City’s Workers Compensation Third Party Administrator to Offer Full and Final Offer for Workers Compensation Claim. All interested persons are invited to attend the City Council special meeting. Date: July 18, 2013 _______________________________ Mary L. McKittrick, Deputy City Clerk This notice has been posted at City Hall City of Geneva, 22 South First Street, Geneva, Illinois on July 18, 2013 and has been tendered to members of the media requesting notices of public meetings. ORDER calling a public hearing concerning the intent of the City Council of the City of Geneva, Kane County, Illinois, to sell General Obligation Refunding Bonds (Electric System Alternate Revenue Source). * * * WHEREAS, the City of Geneva, Kane County, Illinois (the “City”), is a duly organized and existing municipality created under the provisions of the laws of the State of Illinois, and is now operating under the provisions of the Illinois Municipal Code, and all laws amendatory thereof and supplementary thereto, including the Local Government Debt Reform Act of the State of Illinois, as amended; and WHEREAS, the City Council of the City (the “Corporate Authorities”) intend to sell bonds (the “Bonds”) in the amount of not to exceed $4,000,000 for the payment of costs of refunding certain outstanding Electric Revenue Bonds, Series 2003 and General Obligation Bonds (Electric System Alternate Revenue Source), Series 2007, of the City and for costs of issuance related to the Bonds; and WHEREAS, the Bond Issue Notification Act of the State of Illinois, as amended, requires the Corporate Authorities to hold a public hearing concerning the Corporate Authorities’ intent to sell the Bonds before adopting an ordinance providing for the sale of the Bonds: NOW, THEREFORE, Be It and It is Hereby Ordered by the undersigned Mayor of the City of Geneva, Kane County, Illinois, as follows: 1. I hereby call a public hearing to be held at 7:00 p.m. on the 22nd day of July, 2013, at City Hall, 109 James Street, Geneva, Illinois, in the City, concerning the Corporate Authorities’ intent to sell the Bonds and to receive public comments regarding the proposal to sell the Bonds (the “Hearing”). 2. I hereby direct that the City Clerk (the “City Clerk”) shall (a) publish notice of the Hearing at least once in the Daily Herald, being a newspaper of general circulation in the City, 3403627.01.06.B.doc 2208635 not less than 7 nor more than 30 days before the date of the Hearing and (b) post at least 48 hours before the Hearing a copy of said notice at the principal office of the Corporate Authorities. 3. Notice of the Hearing shall appear above the name of the City Clerk and shall be in substantially the following form: -2- NOTICE OF PUBLIC HEARING CONCERNING THE INTENT OF THE CITY COUNCIL OF THE CITY OF GENEVA, KANE COUNTY, ILLINOIS TO SELL GENERAL OBLIGATION REFUNDING BONDS (ELETRIC SYSTEM ALTERNATE REVENUE SOURCE) PUBLIC NOTICE IS HEREBY GIVEN that the City of Geneva, Kane County, Illinois (the “City”), will hold a public hearing on the 22nd day of July, 2013, at 7:00 p.m. The hearing will be held at City Hall, 109 James Street, Geneva, Illinois. The purpose of the hearing will be to receive public comments on the proposal to sell bonds of the City in the amount of not to exceed $4,000,000 for the payment of costs of refunding certain Electric Revenue Bonds, Series 2003 and General Obligation Bonds (Electric System Alternate Revenue Source), Series 2007, of the City, and for the payment of the expenses incident thereto. By order of the Mayor of the City of Geneva, Kane County, Illinois. DATED the 9th day of July, 2013. /s/ Lynn P. Landberg City Clerk City of Geneva, Kane County, Illinois [SEAL] _____________________________ Notice to publisher: Please be certain that this notice appears above the name of the City Clerk. -3- 4. At the Hearing, the Corporate Authorities shall explain the reasons for the proposed bond issue and permit persons desiring to be heard an opportunity to present written or oral testimony within reasonable time limits. The Corporate Authorities shall not adopt an ordinance selling the Bonds for a period of seven (7) days after the final adjournment of the Hearing. Ordered this 9th day of July, 2013. _____________________________ Mayor City of Geneva, Kane County, Illinois -4- MINUTES of a special public meeting of the City Council of the City of Geneva, Kane County, Illinois, held at City Hall, 109 James Street, Geneva, Illinois, in said City at 7:00 p.m., on the 22nd day of July, 2013. * * * The meeting was called to order by the Mayor, and upon the roll being called, ___________________________, the Mayor, and the following Aldermen were physically present at said location:___________________________________________________________ ______________________________________________________________________________ The following Aldermen were allowed by a majority of the members of the City Council in accordance with and to the extent allowed by rules adopted by the City Council to attend the meeting by video or audio conference: _______________________________________________ ______________________________________________________________________________ No Alderman was not permitted to attend the meeting by video or audio conference. The following Aldermen were absent and did not participate in the meeting in any manner or to any extent whatsoever: ________________________________________________ ______________________________________________________________________________ At _____ p.m., the Mayor announced that the next agenda item for the City Council was a public hearing (the “Hearing”) to receive public comments on the proposal to sell not to exceed $4,000,000 General Obligation Refunding Bonds (Electric System Alternate Revenue Source), for the payment of costs of refunding certain Electric Revenue Bonds, Series 2003 and General Obligation Bonds (Electric System Alternate Revenue Source), Series 2007, of the City, and for the payment of the expenses incident thereto, and explained that all persons desiring to be heard would have an opportunity to present written or oral testimony with respect thereto. The Mayor opened the discussion and explained that the reasons for the proposed issuance of the Bonds were as follows: ___________________________________________ ______________________________________________________________________________ ____________________________________________________________________________. Whereupon the Mayor asked for additional comments from the Aldermen. Additional comments were made by the following: (If no additional statements were made, please so indicate with the word “none.”) Written testimony concerning the proposed issuance of the Bonds was read into the record by the City Clerk and is attached hereto as Exhibit I. (If no written testimony was received, please so indicate with the word “none.”) Whereupon the Mayor asked for oral testimony or any public comments concerning the proposed issuance of the Bonds. Statements were made by the following: (If no additional statements were made, please so indicate with the word “none.”) The Mayor then announced that all persons desiring to be heard had been given an opportunity to present oral and written testimony with respect to the proposed issuance of the Bonds. Alderman ______________________ moved and Alderman _______________________ seconded the motion that the Hearing be finally adjourned. -2- After a full discussion thereof, the Mayor directed that the roll be called for a vote upon the motion. Upon the roll being called, the following Aldermen voted: AYE: ________________________________________________________________________ NAY: ________________________________________________________________________ Whereupon the Mayor declared the motion carried and the Hearing was finally adjourned. Other business not pertinent to the conduct of the Hearing was duly transacted at said meeting. Upon motion duly made, seconded and carried, the meeting was finally adjourned. _________________________________ City Clerk -3- STATE OF ILLINOIS ) ) SS COUNTY OF KANE ) CERTIFICATION OF HEARING MINUTES I, the undersigned, do hereby certify that I am the duly qualified and acting City Clerk of the City of Geneva, Kane County, Illinois (the “City”), and as such official I am the keeper of the records and files of the City Council of the City (the “Corporate Authorities”) and the City. I do further certify that the foregoing constitute a full, true and complete transcript of the minutes of the meeting of the Corporate Authorities held on the 22nd day of July, 2013, insofar as the same relates to a public hearing concerning the intent of the Corporate Authorities to sell not to exceed $4,000,000 General Obligation Refunding Bonds (Electric System Alternate Revenue Source). I do further certify that the deliberations of the Corporate Authorities at said meeting were conducted openly, that all votes taken at said meeting were taken openly, that said meeting was held at a specified time and place convenient to the public, that notice of said meeting was duly given to all of the news media requesting such notice, that an agenda for said meeting was posted at the location where said meeting was held and at the principal office of the Corporate Authorities on a day which was not a Saturday, Sunday or legal holiday for Illinois municipalities and at least 48 hours in advance of the holding of said meeting, that at least one copy of said agenda was continuously available for public review during said time period preceding said meeting, that a true, correct and complete copy of said agenda as so posted is attached hereto as Exhibit A, that said meeting was called and held in strict compliance with the provisions of the Open Meetings Act of the State of Illinois, as amended, the Illinois Municipal Code, as amended, and the Bond Issue Notification Act of the State of Illinois, as amended, and that the Corporate Authorities have complied with all of the provisions of said Acts and said Code and with all of the procedural rules of the Corporate Authorities in the conduct of said meeting. I do further certify that notice of said public hearing was posted on a day which was not a Saturday, Sunday or legal holiday for Illinois municipalities and at least 48 hours before said public hearing at the principal office of the Corporate Authorities and that said notice appeared above my name and was in the form set forth in paragraph 3 of the Order of the Mayor of the City, dated the 9th day of July, 2013, calling said public hearing and that attached hereto as Exhibit B is a true, correct and complete copy of said notice as so posted. IN WITNESS WHEREOF, I hereunto affix my official signature and the seal of said City, this 22nd day of July, 2013. _________________________________ City Clerk [SEAL] [CITY CLERK TO ATTACH AGENDA AND HEARING NOTICE] -2- EXHIBIT B NOTICE OF PUBLIC HEARING CONCERNING THE INTENT OF THE CITY COUNCIL OF THE CITY OF GENEVA, KANE COUNTY, ILLINOIS TO SELL GENERAL OBLIGATION REFUNDING BONDS (ELETRIC SYSTEM ALTERNATE REVENUE SOURCE) PUBLIC NOTICE IS HEREBY GIVEN that the City of Geneva, Kane County, Illinois (the “City”), will hold a public hearing on the 22nd day of July, 2013, at 7:00 p.m. The hearing will be held at City Hall, 109 James Street, Geneva, Illinois. The purpose of the hearing will be to receive public comments on the proposal to sell bonds of the City in the amount of not to exceed $4,000,000 for the payment of costs of refunding certain Electric Revenue Bonds, Series 2003 and General Obligation Bonds (Electric System Alternate Revenue Source), Series 2007, of the City, and for the payment of the expenses incident thereto. By order of the Mayor of the City of Geneva, Kane County, Illinois. DATED the 9th day of July, 2013. /s/ Lynn P. Landberg City Clerk City of Geneva, Kane County, Illinois [SEAL] NOTICE OF PUBLIC HEARING CONCERNING THE INTENT OF THE CITY COUNCIL OF THE CITY OF GENEVA, KANE COUNTY, ILLINOIS TO SELL GENERAL OBLIGATION REFUNDING BONDS (ELETRIC SYSTEM ALTERNATE REVENUE SOURCE) PUBLIC NOTICE IS HEREBY GIVEN that the City of Geneva, Kane County, Illinois (the “City”), will hold a public hearing on the 22nd day of July, 2013, at 7:00 p.m. The hearing will be held at City Hall, 109 James Street, Geneva, Illinois. The purpose of the hearing will be to receive public comments on the proposal to sell bonds of the City in the amount of not to exceed $4,000,000 for the payment of costs of refunding certain Electric Revenue Bonds, Series 2003 and General Obligation Bonds (Electric System Alternate Revenue Source), Series 2007, of the City, and for the payment of the expenses incident thereto. By order of the Mayor of the City of Geneva, Kane County, Illinois. DATED the 9th day of July, 2013. /s/ Lynn P. Landberg City Clerk City of Geneva, Kane County, Illinois [SEAL] 3403627.01.06.B.doc