First Floor Courtroom
Logan County Courthouse
August 3, 2005
Present: Bill Glaze - Chairman; Tom Cash; Derrick
Crane; Bob Farmer; Carol Gustafson; Vicki Hasprey; Tom Hickman;
Dick Logan; Gloria Luster; Bill Martin; Patrick O'Neill; Judi
Graff; Phil Mahler.
Absent: Dewey Colter - County Coordinator;
Elizabeth Davis; Steve Anderson; Gerald Lolling; Delmar Veech;
Guests: Frank Rickord; Dan Meyer; Keith Hasprey;
Ron Fox; Rod and Paula White; Ed and Sharon Davison; Bret
Aukamp; James Washburn-courier reporter; Jan Youngquist-LDN
reporter and editor.
Mr. Glaze called the meeting to order at 7:30 pm.
Roll call taken. Mr. Glaze went to new business first.
A) Enterprise Zone extension for S.K. Davison: Ed and
Sharon Davison are present tonight. Mr. Mahler proceeded to
explain their request. They want to expand their trucking
business and would like it in the enterprise zone. 3.44 acres
is the amount of expansion. Mr. Mahler recommends the committee
approve their request. A motion was made by Mr. Logan, seconded
by Mr. O'Neill, to approve the Davison's request as stated.
Roll call taken. Motion passed with all voting yes.
B) Preliminary plat for Rod White: Mr. White explains
his preliminary plat to the committee with input from Ron Fox,
engineer. This is a summary of the initial plat. About 6 or
8 months ago this was re-zoned from Ag to R-1
for a sub-division and was approved. This is adjacent to Brad
Luckhart's subdivision and on the west side of the road. There
are 11 lots. He further explained about a 60 ft. easement and
that there is room for expansion if they decide to do a Phase 2.
Mr. Hickman stated this is not the real preliminary plat; it's
just proof of the general idea of the layout. They still have
to bring forward the preliminary plat for approval, of the
drainage agreement, etc. Mr. Hickman stated the only thing he
didn't like about this layout is the size of the lots and
explained further. His opinion is that subdivisions in the
country, which don't get sewer and private water, need a minimum
of one acre. It limits where you can drill for a well. He
thinks it's also important to the health dept.
Mr. Fox stated they have not submitted the layout to the health
dept yet for their approval and review. They are not to that
point yet. Mr. White has contracted someone to do the soil
analysis. Mr. White stated the soil borings were completed last
week and doesn't have the results yet but he was in contact with
Kathy Waldo from the health dept.
Discussion held about water drainage and easements and Mr. White
stated they want to make sure there are no water problems and
that everything is done correctly. They will bring the
proposed easement forward when everything is done, hopefully in
a couple months.
C) Update on Legends subdivision: Mr. Hickman informed
the committee about something that just recently came to his
attention about the Hasprey subdivision, the letter of credit or
also known as the performance bond for this plat one of the
subdivision, ran out November 18, 2004 . Mr. Hickman called
Hasprey's bank and they said it had not been renewed. This is a
requirement from the subdivision ordinance that this be kept in
place. Article 7 Section 8 (which he read to everyone) "shall
be fined not less that $25 nor more that $200 for each offense
and a separate offense shall be deemed committed on each day
during on which a violation occurs or continues." The required
amount for plat one was $ 269,000 and that included the 15%
maintenance bond that has to be put up for roads and kept
another 18 months after the road is accepted. It has been
recorded and everything that's time related, starts from the
date of recording of the final plat. Plat two recording date
was may 18, 2004, so plat one and plat two, are far as he knows,
are in violation. What this amounts to for the County, is that
the County has assumed risk in case of a default on this
subdivision, there is no bond, there is no money, we would have
to go to court. The subdivision ordinance sets standards and
protects the County from liability. Mr. Hickman gave Mr.
Hasprey a six month extension on the road work on plat one and
that ran out on June 18, 2005. The road still remains
unfinished. On plat #2, Mr. Hickman has no proof of bond or
letter of credit for public improvement. He had one letter from
their bank, which he read, regarding plat 2 of the legends
subdivision, on file. He didn't realize that it said at the
beginning of construction when it should have been based on the
recording of the final plat. If there is no proof of a bond for
plat 2 then the violation runs from the date of recording of the
final plat on plat 2, which is May 18, 2004, that's 442 days out
of compliance. Plat one was 258 days out of compliance. The
two bonds should be re-instated immediately. Mr. Hickman's
recommendation is to levy a fine of at least $25 a day. That's
$17,500 for both plats if there have been no extensions. He
further stated the sub-division has had a lot of problems
getting the road work done and further explained what some of
those problems were. The sub-division ordinance is very specific
under the penalty section. Further discussion was held.
Mrs. Hasprey explained they went thru winter and weren't really
able to get out on that ground until the first of April, 2004.
Then they worked on the road and it was suggested to them to
leave it set over the winter, which they did. For some reason
Mr. Hickman and the dirt men can't get together and she and
Keith are stuck in the middle. As far as the bond, they were
right in the middle of their loan officer leaving and assumes it
was their responsibility to check with the loan officer to make
sure that the bond was renewed. These were some of the things
they were going thru with their bank. Mr. Hasprey stated the
road work did not start until April 1, 2004 for Phase One. In
his opinion, the bond shouldn't even be issued until the road
work starts, not when the plat is recorded. Mr. Hasprey stated
if you take the start date, they are less than the 18 months
right now. More discussion held. Keith stated the East
Lincoln Road Commissioner told him it was ok to tar and chip it
and yet the County Engineer is saying no, there is a problem yet
here. Mr. Hickman stated part of the hold up is getting the
road to meet the specs. In doing the borings, there have been
problems also, some were 3 to 4 inches too high in some areas
and too low in other areas. More discussion followed. Tom
stated that they should have had an inspector out there during
construction and all he would have to do then was look at the
daily log and could have approved it. Mr. Hickman stated the
company doing the work on the road did not want to bring water
trucks out, they have been waiting for rain. Mr. Hickman
stated that when it meets specs and compaction is completed, it
cannot be driven on before the asphalt is laid, otherwise it is
loosened and the process must be done again which has already
happened. Once it is asphalted, it cannot be driven on for a
couple of weeks. There are already several homes out there with
people living in them.
Mr. Glaze asked Mr. Hickman, in his opinion, what needs to be
done to get the road done. Mr. Hickman stated they need to
immediately restore those bonds, the County has no recourse if
Mr. Hasprey defaults on this subdivision. Mr. Hasprey stated
he was informed by his banker several days ago that they had
expired when Mr. Hickman called and told the bank. Mr. Hasprey
stated he was unaware that the ones for phase one had expired.
More discussion held. Atlanta mayor bill martin stated that
in Atlanta they don't issue building permits until the street is
done. The minute we approve the preliminary plat, the County
assumes responsibility to see it gets done. If 10 or 20 years
from now drainage is messed up, people will come back to the
County to fix it. That's Mr. Hickman's job as County Engineer
to bring it up now. More discussion followed.
A motion was made
by Mr. Cash, seconded by Mr. O'Neill, recommended, with the
bonds restored and in place, to waive the fee pending completion
of the road by September 1, 2005, with a stipulation that the
fine be reinstated for the total amount of days accumulated up
to Sept. 1, 2005 if the road has not been completed by then.
More discussion held. Roll call vote: 8 yes, 2 no, 1
abstained, 1 present, 5 absent. Motion Passed.
A motion was made
by Mr. O'Neill, seconded by Mrs. Hasprey, to approve the minutes
from the meeting of July 6, 2005 as printed. Motion passed.
A motion was made
by Mr. Cash, seconded by Mr. Crane, to approve the bills as
presented for payment. Roll call vote: 12 yes, 5 absent.
Mr. Glaze stated they did have a meeting on July 7 with Paul
Russell from McLean co. Regional planning commission, mayor
martin and mayor Davis, Phil Mahler, Dewey Colter and himself.
They decided to put together a committee and get more people
from the community involved. They did that and met again on
July 28th. He gave out minutes from that meeting. They will
be meeting the 4th Wednesday of each month and the next meeting
will be august 24th. Bill martin is serving as chairman of the
group, Mr. Glaze is secretary. They may do some focus groups
and will detail that more at the next committee meeting. Mr.
Martin stated they have a good group of people and setting a
goal of nine months to have this comprehensive plan completed
the CEDS agreement.
Mr. Glaze also stated that he gave everyone a copy of the
survey results tonight. There was a survey done in 2000 by mark
smith, the results of his survey is in the back which are
similar results. Lincoln daily news will have the survey
results also posted.
Also, it is planned to have the meeting agenda and minutes
you received tonight posted on LDN for those not able to attend
the meetings. It may create more interest from the public to
attend the meetings.
The three things we are working on the comprehensive plan: We
have the funding part in place pretty much but have not heard
back from Elkhart. The city of Lincoln has approved their
appropriation of funding but actually has to approve the actual
request when the bill is submitted.
We are going to move forward with signing a contract with McLean
County. Mclean County is also working on a proposal now to also
do a greenways plan and are asking the Dept. of Natural
Resources for a grant of $20,000 to do that. One thing we are
not sure how we're putting together, is what it will cost the
CEDS. Rob Orr, Dewey Colter and himself met with Ray LaHood's
Chief of Staff in Peoria a few weeks ago to discuss that. They
met with them again and also Mayor Davis, Bob Farmer and Ron
Schilling met with them when they came to Lincoln. We might be
able to do the CEDS ourselves, but not sure. We also met with
Ray LaHood's office and Reps. of Peoria's Economic Development
Administration and their information was very informative.
Mr. Hickman informed everyone that he will be leaving the middle
of August and that Bret Aukamp, his Assistant, will be acting
Mr. Glaze "thanked" him for serving Logan County and wished him
A motion was made by Mr. O'Neill, seconded by Mrs. Hasprey, to
adjourn the meeting. Motion passed. Meeting ended at 8:35 pm.