CITY OF OLNEY
CITY COUNCIL MEETING
AUGUST 24, 2009


AGENDA #1 “CALL TO ORDER” The August 24, 2009 meeting of the Olney City Council was called to order at 7:30 p.m. in the Council Chambers of the Olney City Hall located at 300 S. Whittle Avenue, Olney, Illinois, with Mayor Mark Lambird presiding.

AGENDA #2 “PLEDGE OF ALLEGIANCE TO THE FLAG-PRAYER” Council members and visitors joined in the pledge of allegiance to the flag. Bill Wiggs led the group in a prayer.

AGENDA #3 “ROLL CALL” The following Council members were present: Gary Foster, Brad Brown, Pete Weber, Bob Ferguson and Mark Lambird. Also present were City Manager Randy Bukas, City Attorney Larry Taylor, City Treasurer Brad Yockey and City Clerk Belinda Henton.

AGENDA #4 “APPROVE MINUTES OF COUNCIL MEETING ON AUGUST 10, 2009” Councilman Foster moved to approve the minutes of the August 10, 2009 Council meeting, seconded by Councilman Weber. A unanimous voice vote was received.

AGENDA #5 “PRESENTATION OF ORDINANCES, RESOLUTIONS, ETC.”

5-A “Presentation: Musgrove Park Development” Mr. Baker was not present, but plans to make a presentation to the Council sometime in September.

5-B “Audit Report” Kemper CPA Group was not ready to present the audit so this item was deleted from the agenda.

5-C “Discussion: White Squirrel Cruisers Car Club” Robin Haerr, President of the White Squirrel Cruisers Car Club, thanked the Council for their support during the past year. Mr. Haerr requested permission for use of the park for the 2010 show on August 21 and 22. In the past the City has exchanged the fees for the use of the park for the Mayor’s Choice trophy.

Mr. Haerr informed the Council liability insurance will be purchased by the club for next year’s events. At a later date the club will also apply for a raffle license.

Mr. Bukas asked that the club complete the Special Event Application.

Councilman Ferguson moved to waive the rental fee of the Community Building for August 20, 21 and 22, 2010 and approve the use of the park on August 21 and 22, 2010, seconded by Councilman Weber. A unanimous voice vote was received.

5-D “Discussion: Allocation of Funds” This item was tabled until the Musgrove Park presentation is made.

5-E “Ordinance: Hiring of Relatives” The Council was provided with two different ordinances for consideration. The first proposal does not allow for an employee to be supervised by a relative. The second proposal does not allow the hiring of any full time or part time employees of City employees or elected officials, but the ordinance does not apply to part time employees at the swimming pool and paid on call firefighters.

Councilman Ferguson expressed a concern with keeping Olney and Richland county youth in the area. It was his opinion it was in the best interest of the City to hire the most qualified person no matter whom they are related to.

Councilman Foster agreed with Council Ferguson’s comments and pointed out not hiring relatives would eliminate many potential employees.

Councilman Brown understood that existing employees would be grandfathered in if a new ordinance is approved. Mr. Bukas answered that was correct.

Neither ordinance will affect the hiring of part time employees at the swimming pool or for paid on call firefighters. Councilman Brown asked if the City Manager approves the hiring of the swimming pool employees or paid on call firefighters. Mr. Bukas explained the department heads hire their own part time employees. Councilman Brown suggested that these employees be hired with the permission of the City Manager.

Councilman Weber feels Olney is a small enough community, even though nepotism should not be encouraged, sometimes it is unavoidable in an organization as large as the city.

Councilman Weber moved to pass Ordinance 2009-17 which was proposal #1 and does not allow for an employee to be supervised by a relative, seconded by Councilman Foster. Councilman Weber, Mayor Lambird and Councilman Foster voted yes. Councilman Brown voted no and Councilman Ferguson abstained. The motion carried.

5-F “Resolution: Musgrove Park Aquatic Center Vacuum” The Council was provided with a proposed resolution authorizing the purchase of a vacuum for the swimming pool. Proposals were received from two different companies. Based on the cost, the vacuum was purchased from W. M. Smith & Associates, Inc. in the amount of $4,868.75. This item was not budgeted and was over the $3,500 limit requiring approval. The Council was asked to approve the proposed resolution even thought the purchase has already been made.

Councilman Ferguson moved to approve Resolution 2009-R-56, seconded by Councilman Weber. Councilman Ferguson, Mayor Lambird, Councilmen Foster, Brown and Weber voted yes. There were no opposing votes. The motion carried.

5-G “Presentation: Liquor Law Review” The Council was provided with a memo and revised code from Mr. Taylor concerning proposed amendments to the City’s liquor control code.

Mr. Taylor explained over the years questions have arisen concerning Class A liquor licenses. The Class A license is for taverns, restaurants and a combination of both. At times there is confusion on how particular entities should be classified in reference to the presence of minors and hours of operation. The proposed changes divide up the Class A licenses into additional classes; taverns, restaurants that sell liquor or restaurant with a bar. The proposal does not change a restaurant that sells beer and wine only. If the classes of liquor licenses are changed before they expire on May 15, any of the Class A holders would be allowed to change classification without any additional cost.

Mayor Lambird questioned the need for the change. Mr. Taylor believed the proposed revision clarifies the licenses between restaurants that sell meals and liquor and a tavern where their primary business is the sale of liquor. Under the current ordinance a restaurant with a bar area cannot be open on Sundays, but the revised ordinance would allow the restaurant portion of the business to remain open on Sundays.

Councilman Brown noted the new Class E and F licenses should also be allowed to apply for a Class S license. Mr. Taylor agreed a correction was needed.

Councilman Brown questioned who determines if an establishment is qualified for a certain class. Mr. Bukas was not sure at this time.

The Council requested time to consider the proposed changes.

Marty White from White Bros. BBQ asked if the restaurant and bar owners will be allowed to review the proposed changes. Mr. White was assured the Class A liquor license holders would be notified.

5-H “Ordinance: Sale of Surplus Signs” The Council was provided with a proposed ordinance authoring the sale of approximately 300 aluminum and steel signs as scrap to Dumes
in Vincennes, Indiana.

Councilman Weber moved to pass Ordinance 2009-18, seconded by Councilman Foster. A unanimous voice vote was received.

5-I “Storm Water Management Plan Consultant” Mr. Bukas has been talking to the RJN Group, but he has not been able to meet with them yet, so he would like to defer this item until a later meeting.

5-J “Discussion: Set Trick or Treat Night” City Clerk Henton requested that the Council set Trick or Treat night in Olney for 2009 and 2010. She suggested the usual times of 6:00 p.m. until 8:00 p.m. on October 31, 2009 and October 30, 2010.

Councilman Brown moved to set trick or treating for October 31, 2009 and October 30, 2010 from 6:00 p.m. until 8:00 p.m., seconded by Councilman Weber. A unanimous voice vote was received.

5-K “Presentation: Boone/Morgan Street Storm Water Issues” John Rohr questioned if anything further has been discussed concerning work on the storm water problems. He also asked the name of the consulting firm from Collinsville. Mayor Lambird answered RJN.

Mr. Rohr has talked to Mr. Washington with the Corps of Engineers. Mr. Rohr asked if the culvert under Boone Street was ever cleaned. Mr. Bukas understood it was cleaned out years ago and needs to be cleared of debris again.

At the last meeting Councilman Brown suggested taking the Corps of Engineer’s plan and work with Charleston Engineering to get started on making suggested improvements. Mr. Charleston was very familiar with the study and feels there is some information that has been thought out well by the Corps of Engineers. This is the first time Mr. Charleston has been asked to do anything with the study, but he feels confident and capable of doing what needs to be done.

Mr. Bukas reported that Frank Bradley has walked the entire creek area between Boone Street and Route 130. Mr. Bradley prepared a report of problems he saw and an estimate of man hours to work on the problem areas.

Mr. Charleston reported he walked the same area several years ago when the second culvert was installed under the railroad. At that time the area had been cleaned up. Because of the growth and the trash that has accumulated, it needs to be done again. Mr. Charleston suggested cleaning should start on the west end and work upstream.

Councilman Weber understood there are several other projects going on, but asked where this project could be fit in. Mr. Bukas reported the shoreline improvements at East Fork Lake should be finished up this week. The oil and chip program has started and will take approximately three weeks. Once that project is completed, the Street Department will take approximately two weeks to grade and seal several other streets. Hunley Drive will take approximately three weeks to complete which will be about the end of October.

In Mr. Bradley’s report he requested track hoes and dump trucks to complete the work. Councilman Weber questioned if a track hoe and operator are going to be contracted why not just contract the entire job. The cost to contract the entire job was not known, but Mr. Bukas commented the cost of a track hoe is $150 per hour and $75.00 for a dump truck. Mr. Bradley estimated approximately 760 man-hours would be needed to complete the work he detailed in his report. Mr. Bukas pointed out no money has been budgeted for this project.

Mayor Lambird asked Mr. Charleston to forecast what will happen when changes are made to the creek. Mr. Charleston explained through the design process a forecast can be made. The Corps of Engineers has done some of this study, but their study started at Boone Street. Mr. Charleston would like to go further east with his study.

Councilman Ferguson questioned if the culvert under Fair is adequate. Mr. Charleston commented that it appears to be a problem.

Councilman Brown asked if the necessary easements have been obtained. Mr. Taylor commented there are easements in some areas, but not all. Mr. Bradley’s report will help determine where easements will be needed. Councilman Brown questioned if the City has determined from what point to what point easements should be obtained. Mr. Bukas answered that has not been determined. It is evident the property owners are not going to maintain their property where the creek flows. Once easements are obtained, it was Mr. Taylor’s opinion that it will become the City’s responsibility for the maintenance.

Councilman Brown questioned if the Council should create an ordinance detailing what homeowners can do and not do in an easement. There have been water problems created when homeowners have allowed debris to accumulate in a creek area causing the water flow to be obstructed. Mr. Bukas agreed the City needs some rules and regulations on ditch maintenance.

Councilman Ferguson asked how long it will take to put together a plan by working with Mr. Bradley and Mr. Charleston. Mr. Charleston estimated a month will be needed for a preliminary plan with additional time for final plans.

The Council felt the securing of easements should be a priority. Mr. Taylor commented the City may need construction easements in addition to drainage easements. Mr. Charleston suggested obtaining 30' easements when possible.

Councilman Foster suggested to start getting easements as soon as possible, allow Mr. Charleston to start his preliminary work and consider going out for bids for backhoe work and the use of dump trucks.

Councilman Weber asked that Mr. Taylor research recommendations for an ordinance to keep the ditches clean.

Councilman Brown believed Mr. Taylor should be informed where the easements are needed. Mr. Charleston commented the immediate need is from Morgan to Ludlow.

Councilman Brown asked for a cost estimate for the engineering required from Mr. Charleston. Mr. Bukas and Mr. Charleston will meet and discuss engineering costs.

Councilman Brown moved to authorize the City Manager to discuss the engineering costs with Mr. Charleston and directed Mr. Taylor to work on easements, seconded by Councilman Ferguson. Councilmen Brown, Weber, Ferguson, Mayor Lambird and Councilman Foster voted yes. There were no opposing votes. The motion carried.

5-L “Presentation: Storm Water and Sanitary Sewer Issues” Brian O’Neill told the Council there is a city ordinance on the books concerning the blocking of ditches. He also noted the Corps of Engineers study is outdated.

5-M “Request: Raffle Licenses” City Clerk Henton received raffle license applications from the LaGala and Richland County Homemakers Association.

Councilman Ferguson moved to approve the raffle license applications, seconded by Councilman Weber. A unanimous voice vote was received.

AGENDA #6 “APPROVE AND AUTHORIZE PAYMENT OF ACCOUNTS PAYABLE AUGUST 25, 2009” Councilman Weber moved to approve and authorize payment of accounts payable for August 25, 2009 for Pooled Cash $53,663.41, seconded by Councilman Foster. A unanimous voice vote was received.

AGENDA #7 “REPORT: ELECTED AND APPOINTED OFFICIALS” Councilman Brown questioned the plan for the Butler Street resurfacing project. Mr. Charleston explained Butler Street will be resurfaced from East Street to Lincoln. His office is in the process of developing plans which have to be submitted to IDOT before Thanksgiving. After that there will be reviews and the project will be bid sometime in March 2010. By the next Council meeting, Mr. Charleston should have some cost estimates for the project.

Mr. Bukas explained consideration is being given to replace the 4" water line on Butler with an 8" before the project is started. Currently, the water line is at the side of the road, but once the new street is widened to 36' the water line will be under the street. Some of the water hydrants will have to be moved and the sidewalk on the north side of the street will be widened to 5'.

Councilman Brown pointed out a lot of the playground equipment in the City Park needs either repainted, repaired or replaced. He wanted the Council to be advised because there may need to be some money budgeted in the next fiscal year for these improvements.

Councilman Weber thanked Police Chief Chaplin for giving good information and different ideas and suggestions to do along with the street light in the 200 block of E. South. He hoped Mr. Bukas and Chief Chaplin can come up with future ideas to help in this neighborhood and others neighborhoods that are having trouble with crime.

Councilman Weber asked if something more aesthetic can be done with the stop signals at the intersection of Elm and Whittle. Mr. Bukas questioned if the Council wanted flashing red lights, signals, stop signs or a stop intersection for only Elm. Councilman Weber was looking for other suggestions and cost estimates for something other than a broken stop light.

Mr. Yockey reported that Peggy Eimer was injured about a week ago, and will be gone for another couple of weeks.

7-A “Council Agenda Format” Mayor Lambird proposed a revised agenda format. The Council was presented with an example. Mayor Lambird believed the revised agenda would allow the meeting to flow more smoothly. The proposed agenda will allow department heads a time to report and routine items such as minutes, resolutions, ordinances and accounts payable to be approved by one vote under the consent agenda. Mayor Lambird asked for the Council to consider the proposed agenda format. An ordinance would be needed to make this change. Mr. Bukas explained how a consent agenda works. Mr. Bukas would not require all department heads to be present unless they have a report.

The Council will consider the proposed agenda format.

7-B “East Industrial Park” Mayor Lambird told the Council the East Industrial Park project is getting to a point that the Council needs to make some decisions on how to proceed. He asked the Council to think about things that are important with this project and how to move forward with the project in the future.

Councilman Foster asked when this project will be bid. Mr. Bukas explained EDA has stated it will take two weeks to issue a notice to bid. If they issue the notice to bid, the City gives up all rights to request additional money. EDA will not know until after October 1 if any additional money is available. With the two weeks that it will take to get the notice to bid and two more weeks to accept bids, the October 20 deadline will have passed. This is the reason the City will need to request an extension in the deadline.

Mayor Lambird explained this is the reason the Council needs to determine what is important at the East Industrial Park. He asked everyone to think creatively and seriously about each part of the project and what they think the City can do realistically and what needs to be done for the future of the City. The Council many need to give directions, but it needs to be a direction the Council is willing to stand behind.

Councilman Weber previously asked questions about the estimated psi and flow rates without a water tower in the Radio Tower Road Industrial Park and the possibility of tying it in with the high pressure loop on Holly Road. Mr. Bukas reported tests were run on Radio Tower Road without the tower. The psi on Radio Tower Road without the tower was 55 and with a tower 57. The psi on Weinmann Drive was 53 without the tower and 55 with the tower. These calculations were with a 1,000 gallon flow.

Councilman Weber asked about the estimated flow rates on Holly Road. Mr. Bukas reported the psi near Route 50 and Holly Road would be 31 without the water tower, but if the water tower were moved to the new industrial park the psi would be 69. These calculations were also based on 1,000 gallon flow rates.

Councilman Weber asked about the high pressure loop. Mr. Charleston has not looked at that possibility. Councilman Weber asked that this be investigated because it will be one of the many determining factors on what will be done with the industrial park.

One of the reasons the East Industrial Park was being considered was due to the possibility of a rail siding. Councilman Ferguson asked who the competition is that provides rail siding in this area. He would also like to see a map showing other communities with rail access and information on how successful they have been and what industries they have attracted.

Councilman Brown asked for a breakdown of estimated costs for the East Industrial Park including the rail costs. That information will be compiled and distributed to the Council.
7-C “Downtown Tax Increment Financing” Brandi Stennett, Executive Director of the Richland County Development Corporation, handed out information concerning a TIF district; eligible project costs, types of assistance, project categories and guidelines and evaluation criteria. For progressive growth Mayor Lambird felt the Council should start thinking about developing a TIF district for downtown. A TIF would be a very useful tool for the businesses in the downtown area. Several other communities have had great success helping their small businesses grow with a TIF district. He would like to see a plan formulated on where to locate a TIF and what it should include.

Mrs. Stennett discussed the handouts provided to the Council.

Councilman Ferguson assumed the downtown area would include Whittle Avenue.
Mayor Lambird assumed the same. Mrs. Stennett commented it would have to meet the criteria.

AGENDA #8 “CITY MANAGER” Mr. Bukas reported that the August corporate replacement tax receipts of $1,938.93 were $9,462.25 less than the same period last year. This is an 83% decrease. Year to date receipts are down 31.85%.

The August motor fuel tax receipts of $20,777.96 are $1,860.62 more than the same period last year. Year to date receipts are down 4.8%.

The May sales tax receipts received in August were $120,458.07, a decrease of $14,149.90 from the same period last year.

The August telecommunications taxes were $22,500.00 which is up approximately $8,500 from the same time period last year. This is the seventh month of increases.

The May use taxes were approximately $8,000.00 which is $1,300 less than last year. This is the seventh month of decreases. The year to date receipts are down 12%.

The County finished the boring of the fiber optic cable from the jail to the police station today. A portion of the boring went underneath Bower Park. The County will move their dispatch center to the police department by September 8.

Most of the East Fork Lake shoreline protection project at the sailboat area has been completed. The bid opening for the park lift station has been rescheduled for September 10. Some of the potential bidders did not publish their affirmative action by the necessary time so delaying the bid opening will allow for more bidders.
An appraiser has been hired for the Heller property on N. Fair. A date will be arranged with the owners for the appraisal.

The East Street resurfacing project has been completed. There was one water valve box bent which the contractor will be back to straighten.

The oil and chip program started today. This project will take approximately three weeks to complete. Another two weeks will be used to grade and reseal several other streets. After these projects are completed, Hunley Drive will be resurfaced. It should be completed by the end of October.

Mr. Bukas has a letter going to the other utility companies advising them of the City’s plans to resurface Butler Street from East Street to Lincoln. They will be asked to make any needed repairs to this area before the resurfacing is started.

Bids are being sought for 1,700 feet of water main replacement on W South Avenue.
At the next meeting a representative will be speaking to the Council concerning a diffusion system the Water Plant would like to install at East fork Lake water intake to improve the quality and taste of the water. The system will cost approximately $57,000 plus the cost of needed electrical work, but will save approximately $20,000 in chemicals. A couple of city employees will be needed to help with the installation. The electrical cost to run the system will be approximately $16,000, but Mr. Bukas expects to save approximately $26,000 in electrical costs by installing new variable frequency drive motors at this location.

The Trading Post building was recently demolished. The staff is also working on a couple of other properties for demolition.

The fountain at the Olney City Park has been turned off because of a water leak. It leaked approximately 60,000 gallons of water in the last two weeks. A replacement will be considered for next year.

Mr. Bukas wanted to dispel any rumors that the water at Borah Lake is unsafe for swimming because of the copper sulfate which is used for algae control. Borah Lake Beach recently passed an inspection conducted by the Public Health Department.

AGENDA #9 “ADJOURN” Councilman Weber moved to adjourn, seconded by Councilman Brown. A unanimous voice vote was received.

The meeting of the City Council adjourned at 9:05 p.m.



Belinda C. Henton
City Clerk