NOVEMBER 6, 2006 MINUTES

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MINUTES OF THE COUNCIL MEETING
HELD ON NOVEMBER 6, 2006

The meeting was called to order at 7:03 by Acting Mayor Dave McClelland. All council members were present at roll call except Gary Koerner and Dawn Thompson. Staff members present were Steve Reynolds, Scott Bryant, Gordon Beck, Katie Miller and
Sue Marcum.

Minutes of the Regular Council Meeting held on October 16, 2006 were approved on a motion made by Jerry, second by Butch. Roll call: John Haney-yes, T. A. Whitsitt-yes, Jerry Henson-yes, Butch Cook-yes, Shirley Chancellor-yes, Dave McClelland-yes. Motion carried 6 yeas, 0 nays.

Minutes of the Special Council Meeting held on October 26, 2006 were approved on a motion made by Jerry, second given by Shirley. Roll call: John Haney-yes, T. A. Whitsitt-yes, Jerry Henson-yes, Butch Cook-yes, Shirley Chancellor-yes, Dave McClelland-yes. Motion carried 6 yeas, 0 nays.

Ordinance No. 06-11-01-52, An ordinance approving final subdivision plat for Fox Run Subdivision to the City of Le Roy, McLean County, Illinois was passed on a motion given by John, second was given by T. A. Roll call: John Haney-yes, T. A. Whitsitt-yes, Jerry Henson-yes, Butch Cook-yes, Shirley Chancellor-yes, Dave McClelland-yes. Motion carried 6 yeas, 0 nays.

Ordinance No. 06-11-02-50, An ordinance vacating portions of platted easements in Fox Run Subdivision, a platted subdivision in the City of Le Roy, McLean County, Illinois was passed on a motion made by John, second was given by T. A. Roll call: John Haney-yes, T. A. Whitsitt-yes, Jerry Henson-yes, Butch Cook-yes, Shirley Chancellor-yes, Dave McClelland-yes. Motion carried 6 yeas, 0 nays.

Motion was made by Shirley, second was given by Butch to allow up to $150,000 in Tax Increment financing Funds for the purpose of opening a new subdivision off of Salt Creek Road (Fox Run). This $150,000 will be based on an initial investment in acquisition and development costs of at least $500,000 by Kahuna Commercial II LLC.

The incentive will be paid beginning with the May, 2009 fiscal year and will continue for ten years (April, 2019) with an annual distribution of $15,000 per year. The total paid over the ten years will be capped at $150,000.

Minutes of the meeting held 11/06/06 continued.

This incentive is based on the subdivision plat ordinance adopted by the council on November 6, 2006 (Ordinance 06-11-01-52). This incentive will discontinue if the property is changed from the plat layout in ordinance 06-11-01-52.

The owner/developer for this project is Kahuna Commercial II LLC.

The total cap for this project is $150,000. Roll call: John Haney-yes, T. A. Whitsitt-yes, Jerry Henson-yes, Butch Cook-yes, Shirley Chancellor-yes, Dave McClelland-yes. Motion carried 6 yeas, 0 nays.

Motion was made by John, second was given by Butch to accept the bid from Rowe Construction for the Center Street Widening Project for the bid price of $56,179.50 and to also authorize the Mayor and City Clerk to execute the necessary documents. Roll call: John Haney-yes, T. A. Whitsitt-yes, Jerry Henson-yes, Butch Cook-yes, Shirley Chancellor-yes, Dave McClelland-yes. Motion carried 6 yeas, 0 nays.

Katie reported to the council that it was necessary for the city to pay the back taxes in the amount of $331.00 for the building located at 118 N. Chestnut because the property was scheduled to be sold at a tax sale. Documents were ready to be recorded which would give the city ownership of this property.

Motion was made by Butch, second was given by John to table the Tax Increment Financing proposal for Chris Shook. Roll call: John Haney-yes, T. A. Whitsitt-yes, Jerry Henson-yes, Butch Cook-yes, Shirley Chancellor-yes, Dave McClelland-yes. Motion carried 6 yeas, 0 nays.

Motion was made by Butch, second was given by Shirley to table the Economic Development/Sales Tax Incentive Proposal with Paul Bartlett. Roll call: John Haney-yes, T. A. Whitsitt-yes, Jerry Henson-yes, Butch Cook-yes, Shirley Chancellor-yes, Dave McClelland-yes. Motion carried 6 yeas, 0 nays.

Motion was made by John, second was given by T. A. authorizing the mayor to sign the Animal Control Intergovernmental Agreement with McLean County Board of Health for the period of January 1, 2007 through December 31, 2007. Roll call: John Haney-yes, T. A. Whitsitt-yes, Jerry Henson-yes, Butch Cook-yes, Shirley Chancellor-yes, Dave McClelland-yes. Motion carried 6 yeas, 0 nays.

The council discussed their request to have a check issued to Felmley Dickerson and
A & R Plumbing (jointly) for $42,133.00 and to hold the check until Felmley signs off on a letter closing the contract. The city will keep $20,000 to complete the contract on the water plant. In a consensus vote taken by the mayor all present council members except John Haney were in favor of proceeding as before outlined.

Minutes of the meeting held 11/06/06 continued.

Motion was made by Jerry, second was given by Butch to authorize Patrick Engineering Inc. to perform the services as detailed in the Proposal dated October 16, 2006. The authorized budget is $57,400 and is not to be exceeded without prior authorization by the City of Le Roy. Roll call: John Haney-yes, T. A. Whitsitt-yes, Jerry Henson-yes, Butch Cook-yes, Shirley Chancellor-yes, Dave McClelland-yes. Motion carried 6 yeas, 0 nays.

Jerry made the motion and John gave the second to the motion to award a contract to Accurate Site Specialists for the sole purpose of razing the building located at 118 N. Chestnut Street and removing the debris. This contract will be awarded without benefit of public bidding do to the condition of the building and the concern for safety of all businesses in the area and their respective customers. The contract will be for an amount not to exceed $19,800 with the work to commence immediately. This project will be funded through Tax Increment Financing Fund 1. Roll call: John Haney-yes, T. A. Whitsitt-yes, Jerry Henson-yes, Butch Cook-yes, Shirley Chancellor-yes, Dave McClelland-yes. Motion carried 6 yeas, 0 nays.

Listed invoices in the total amount of $119,502.70 were approved for payment with the stipulation to hold the Felmley Dickerson/AR Plumbing check. Roll call: John Haney-no, T. A. Whitsitt-yes, Jerry Henson-yes, Butch Cook-yes, Shirley Chancellor-yes, Dave McClelland-yes. Motion carried 5 yeas, 1 nay.

Motion was made by John, second was given by Jerry giving authorization for the Mayor to sign the Quit Claim Deeds for the 118 N. Chestnut Street property. Roll call: John Haney-yes, T. A. Whitsitt-yes, Jerry Henson-yes, Butch Cook-yes, Shirley Chancellor-yes, Dave McClelland-yes. Motion carried 6 yeas, 0 nays.

Jerry made a motion to table the Tax Increment Financing Proposal submitted by Brian Bowman for the Old Bank Restaurant, motion was seconded by T. A. Roll call: John Haney-yes, T. A. Whitsitt-yes, Jerry Henson-yes, Butch Cook-yes, Shirley Chancellor-yes, Dave McClelland-yes. Motion carried 6 yeas, 0 nays.

Motion was made by John, second given by Jerry to enter executive session at 8:38 P.M. to discuss 5 ILCS 120/2 (c) (21), approval and review of closed minutes. Katie Miller was asked to attend the closed session. Roll call: John Haney-yes, T. A. Whitsitt-yes, Jerry Henson-yes, Butch Cook-yes, Shirley Chancellor-yes, Dave McClelland-yes. Motion carried 6 yeas, 0 nays.

The Council agreed to adjourn the closed session and return to regular session at 8:50 P.M.

Minutes of the meeting held 11/06/06 continued.

Motion was made by John, second was given by T. A. for the executive minutes reviewed in executive session to remain closed (10/06/03 thru 10/02/06). Roll call: John Haney-yes, T. A. Whitsitt-yes, Jerry Henson-yes, Butch Cook-yes, Shirley Chancellor-yes, Dave McClelland-yes. Motion carried 6 yeas, 0 nays.

Motion was made by Butch, second was given by John to adjourn the regular meeting at 9:30 P.M. Roll call: John Haney-yes, T. A. Whitsitt-yes, Jerry Henson-yes, Butch Cook-yes, Shirley Chancellor-yes, Dave McClelland-yes. Motion carried 6 yeas, 0 nays.

Sue Marcum
City Clerk