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MINUTES OF THE REGULAR COUNCIL MEETING
HELD MAY 16, 2005
The meeting was called to order at 7:05 P.M. by Mayor Jane Engblom with all council members present at roll call. Staff members present were Steve Reynolds, Ralph Jungles, Sue Marcum, Jeff Clawson and City Attorney, David Stanczak.
Motion was made by Jerry, second by Butch to approve the Minutes of the Regular Council Meeting held May 2, 2005. Roll call: Dave McClelland-yes, Gary Koerner-yes, T. A. Whitsitt-yes, Jerry Henson-yes, Butch Cook-yes, Theresa O’Hare-yes, Dawn Thompson-yes, John Haney-yes. Motion carried 8 yeas, 0 nays.
Motion was made by Dave, second by Gary to accept the Zoning Board Minutes of the Hearing held May 5, 2005 and to waive the reading. The hearing was held for the
Le Roy School District for a special permitted use to construct a pole framed building at 702 E. Pine Street. Roll call: Dave McClelland-yes, Gary Koerner-yes, T. A. Whitsitt-yes, Jerry Henson-yes, Butch Cook-yes, Theresa O’Hare-yes, Dawn Thompson-yes, John Haney-yes. Motion carried 8 yeas, 0 nays.
The Zoning hearing was held for the Le Roy School District for a special permitted use to construct a pole framed building at 702 E. Pine Street. The council question why the construction of this building had been completed without council approval. Staff brought to the council’s attention that the school district does not believe that the city has any authority on school property. They agree to fill out the city building permit, but they will not request city building inspections or delay construction on projects so that all city procedures can be followed.
Motion was made by John, second by Butch to acknowledge the submission of the request for special permitted use by the Le Roy School District. Roll call: Dave McClelland-yes, Gary Koerner-yes, T. A. Whitsitt-yes, Jerry Henson-yes, Butch Cook-yes, Theresa O’Hare-yes, Dawn Thompson-yes, John Haney-yes. Motion carried 8 yeas, 0 nays.
Ralph told the council that Brian Taylor and Victor the police dog had graduated from their training on May 13, 2005.
Minutes of regular council meeting held 05/16/05 continued.
Motion was made by Gary Koerner, second by Dawn Thompson to approve the law firm of Chapman and Cutler LLP, of Chicago, Illinois, to act as Bond Counsel with regard to the proposed $150,000 more or less General Obligation Debt Certificates and is hereby authorized to prepare the necessary legal proceedings for the proposed certificate issue. Roll call: Dave McClelland-yes, Gary Koerner-yes, T. A. Whitsitt-yes, Jerry Henson-yes, Butch Cook-yes, Theresa O’Hare-yes, Dawn Thompson-yes, John Haney-yes. Motion carried 8 yeas, 0 nays.
Motion was made by Gary, second by T. A. in the event the debt certificates are issued to approve First Midstate Incorporated as the Investment Banker to underwrite in connection with the sale of the Certificates and will deal in good faith based upon market conditions. If the principal amount of the Certificates issued is less than $200,000 the City agrees to pay the expenses of Chapman and Cutler LLP, bond attorneys, as well as expenses of certificate printing. If the principal amount of the Certificates issued is $200,000 or greater, First Midstate Incorporated will pay expenses of both Chapman and Cutler LLP and certificate printing. In the event for legal or other reasons it is impossible to carry forward the issuance of the Certificates or in the event the City council elects not to proceed with the issuance of the Certificates, the Investment Banker agrees to be responsible for all expenses incurred in the preparation of the financing plan. Roll call: Dave McClelland-yes, Gary Koerner-yes, T. A. Whitsitt-yes, Jerry Henson-yes, Butch Cook-yes, Theresa O’Hare-yes, Dawn Thompson-yes, John Haney-yes. Motion carried 8 yeas, 0 nays.
Motion was made by Gary, second by Butch to approve a three year term for the repayment of the $150,000 debt certificates and also to wait until June 1, 2006 to begin the payment schedule. Roll call: Dave McClelland-yes, Gary Koerner-yes, T. A. Whitsitt-yes, Jerry Henson-yes, Butch Cook-yes, Theresa O’Hare-yes, Dawn Thompson-yes, John Haney-yes. Motion carried 8 yeas, 0 nays.
Mayor Engblom appointed Chamber members Nancy Spratt, Dan Bratcher and Mitch Hardesty as the committee to oversee the Summerfest event to be held on June 11, 2005.
Motion was made by Dave, second by Dawn to approve the Mayor’s Summerfest Committee appointments and to approve the City of Le Roy to co-sponsor the Summerfest event and to waive the application and liquor license fees. Roll call: Dave McClelland-yes, Gary Koerner-yes, T. A. Whitsitt-yes, Jerry Henson-yes, Butch Cook-yes, Theresa O’Hare-yes, Dawn Thompson-yes, John Haney-yes. Motion carried 8 yeas, 0 nays.
Minutes of regular council meeting held 05/16/05 continued.
ORDINANCE NO. 05-05-01-41, An ordinance adopting regulations of the combined sewer overflow (CSO) of the Municipal Code, City of Le Roy, Illinois 2003 (as amended), Title 8, Water & Sewer, Chapter 4, Sewer Use and Service, Section 5, Building Sewers and Connections, Sub-section I, Discharges into system was passed on a motion made by Theresa, second by Jerry. Roll call: Dave McClelland-yes, Gary Koerner-yes, T. A. Whitsitt-yes, Jerry Henson-yes, Butch Cook-yes, Theresa O’Hare-yes, Dawn Thompson-yes, John Haney-yes. Motion carried 8 yeas, 0 nays.
ORDINANCE NO. 05-05-02-41, An ordinance adopting regulations of the combined sewer overflow (CSO) of the Municipal Code, City of Le Roy, Illinois 2003 (as amended), Title 8, Water & Sewer, Chapter 4, Sewer Use and Service, Section 6, Discharges into Public System, Sub-Section C, Restricted Discharges was passed on a motion made by Theresa, second by Dawn. Roll call: Dave McClelland-yes, Gary Koerner-yes, T. A. Whitsitt-yes, Jerry Henson-yes, Butch Cook-yes, Theresa O’Hare-yes, Dawn Thompson-yes, John Haney-yes. Motion carried 8 yeas, 0 nays.
Motion was made by Butch, second by Jerry to approve the replacement of Well #4 pump at a cost of up to $6,500 by Kickapoo Drilling. Roll call: Dave McClelland-yes, Gary Koerner-yes, T. A. Whitsitt-yes, Jerry Henson-yes, Butch Cook-yes, Theresa O’Hare-yes, Dawn Thompson-yes, John Haney-yes. Motion carried 8 yeas, 0 nays.
The list of invoices in the amount of $57,755.07 was amended by including $256,439.32 from the Tif 1 Fund for Tif agreements (listing is attachment to the 05/16/05 minutes). The listed invoices with the amended total of $314,194.39 were approved for payment on a motion made by Gary, second by Butch. Roll call: Dave McClelland-yes, Gary Koerner-yes, T. A. Whitsitt-yes, Jerry Henson-yes, Butch Cook-yes, Theresa O’Hare-yes, Dawn Thompson-yes, John Haney-yes. Motion carried 8 yeas, 0 nays.
Motion was made by John, second by Dawn to enter executive session at 8:05 P.M. to discuss personnel, 5 ILCS 120/2 (c) (1), and litigation, 5 ILCS 120/2 (c) (11), executive session was to include staff members Ralph Jungles, and Steve Reynolds. Roll call: Dave McClelland-yes, Gary Koerner-yes, T. A. Whitsitt-yes, Jerry Henson-yes, Butch Cook-yes, Theresa O’Hare-yes, Dawn Thompson-yes, John Haney-yes. Motion carried 8 yeas, 0 nays.
Motion was made by Butch, second by Dave to adjourn the executive session at
8:55 P.M. and to enter a joint committee meeting of Budget & Finance, Utilities and Streets & Property before returning to regular session of the council.
Regular session of the council reconvened at 11:20 P.M.
Minutes of regular council meeting held 05/16/05 continued.
Motion was made by John, second by Dawn to approve City Administrator, Jeff Clawson’s four year employment contract which was revised May of 2005. Roll call: Dave McClelland-yes, Gary Koerner-yes, T. A. Whitsitt-yes, Jerry Henson-yes, Butch Cook-yes, Theresa O’Hare-yes, Dawn Thompson-yes, John Haney-yes. Motion carried 8 yeas, 0 nays.
Motion was made by John, second by Dawn to approve the job description for the position of Public Works Department: Superintendent. Roll call: Dave McClelland-yes, Gary Koerner-yes, T. A. Whitsitt-yes, Jerry Henson-yes, Butch Cook-yes, Theresa O’Hare-yes, Dawn Thompson-yes, John Haney-yes. Motion carried 8 yeas, 0 nays.
It was agreed by the council to use the same hiring procedures as followed when the city hired Ralph Jungles.
Motion was made by Butch, second by Dawn to adjourn the regular session at 11:37 P.M. Roll call: Dave McClelland-yes, Gary Koerner-yes, T. A. Whitsitt-yes, Jerry Henson-yes, Butch Cook-yes, Theresa O’Hare-yes, Dawn Thompson-yes, John Haney-yes. Motion carried 8 yeas, 0 nays.
Sue Marcum,
City Clerk