CITY OF OLNEY
CITY COUNCIL MEETING
SEPTEMBER 28, 2009


AGENDA #1 “CALL TO ORDER” The September 28, 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. John Monroe 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, City Engineer RogerCharleston and City Clerk Belinda Henton.

AGENDA #4 “PRESENTATION OF CONSENT AGENDA”
4-A Approve Minutes of Council Meeting on September 14, 2009

4-B Approve and Authorize Payment of Accounts Payable September 29, 2009-Pooled Cash $31,289.59 and Water Deposit Refunds $1,568.20

4-C Resolution: Award Bid for Fire Station Roof Snow Guards-JPS Construction-Resolution 2009-R-62.

AGENDA #5 “REMOVAL OF ITEMS FROM CONSENT AGENDA” No items were requested for removal.

AGENDA #6 “CONSIDERATION OF CONSENT AGENDA” Councilman Ferguson moved to approve the consent agenda, seconded by Councilman Brown. A unanimous voice vote was received.

AGENDA #7 “CONSIDERATION OF ITEMS REMOVED FROM CONSENT AGENDA” No consideration necessary because nothing was removed from the consent agenda.

AGENDA #8 “STAFF REPORTS”

8-A1 “City Manager - Discussion: Park Lift Station Project” Mr. Bukas suggested deferring this matter until later in the meeting, and requested the Council to include pending litigation in their executive session discussion.

8-A2 “City Manager - Discussion: East Butler Street Watermain Replacement” Mr. Bukas reported that when plans for the reconstruction of E. Butler Street were being reviewed, it was determined the existing 4" water line will be in the middle of new street. Mr. Bukas suggested replacing the 4" water line with an 8" line which will provide better water pressure for the residents. The new line will be installed on the south side of the street. The estimated cost to contract the waterman improvements is $215,000. If city crews do the work, the cost of the project would be 1/4 of the estimated contracted cost. Mr. Bukas has consulted the Treasurer and it has been determined that $300,000 has been freed up because a bond has been paid off and the funds no longer need to be restricted. City crews will begin installing the W. South water line in a couple of weeks.

Mr. Bukas solicited feedback from the Council whether this project should be done with contracted labor or city crews. Bids for the street improvement will be opened on March 5 and construction should start the first of May. Presently IEPA is reviewing the plans.

Councilman Weber asked if Water Distribution will be neglecting any projects if they do the work on E. Butler. Mr. Bukas replied at this time, nothing has been slated for next year.

Councilman Brown questioned which fiscal year this project would take place. Mr. Bukas replied in the current year, but he suggested the Water Fund repay reserves back in the next budget. Mr. Bukas would expect the water main replacement project to start in mid-November when the W. South watermain project is completed. Mr. Bukas would hope the E. Butler watermain project would be completed by the first of the year. The E. Butler project is about the same length as W South Avenue, 1,300 to 1,400 feet.

The entire Council was in agreement to have city crews install an 8" watermain on E. Butler Street. Approval for materials will be brought to the Council once bids are opened.

8-A3 “City Manager - Status Report” The Mayor sent a letter to the Economic Development Administration requesting a time extension until February 19, 2010 for the East Industrial Park. City officials will be meeting with them on October 15 to iron out some issues pertaining to changes in the project concerning the water tower and high pressure line. Mr. Bukas will be able to report more about this project after the meeting.

The neighborhood revitalization surveys were due last Friday. Both City Hall and Greater Wabash Regional Planning Commission have received several completed surveys.

The City has not received income tax receipts for two months. Mr. Bukas contacted State Representative David Reis concerning this matter. Mr. Reis explained the state is not paying a lot of its bills.

September receipts for MFT were $200 more this month than last year. The year to date receipts are down $3,500. Receipts were anticipated to decrease 10% for this year.

The telecommunications tax for September was down $500 from last year. The City experienced increases for seven months in a row, but receipts are now leveling off. The year to date receipts are 67% higher than last year.

The use tax for June, collected in September, was down $900 from last year. This is the eighth month in a row where the use tax has been lower than the same period last year. Year to date, the use tax is down 11%.

City crews started work on Hunley Drive today. It is scheduled to be completed by October 31.

8-A4 “Report: Illinois Municipal League Conference” Mr. Bukas reported he recently attended the annual IML conference in Chicago. During the conference he attended a session on retail development, training for Plan Commission board members, the economic impact of airports and video gaming. At a later time he will prepare a handout for the Council concerning the video gaming. He informed the Council on some of the details concerning video gaming. The State passed the bill, but the rules and regulations will be the responsibility of the Illinois Gaming Board. Several issues concerning video gaming have not yet been addressed.

Mr. Bukas felt the City should promote the airport through economic efforts.

8-B1 “City Attorney - Discussion: Review of Outstanding Liquor Licenses” Mr. Taylor reported that recently the liquor licences for White Brothers Barbeque and Raydell’s were surrendered. The City ordinance provides when a liquor license is surrendered it cannot be reissued for at least 60 days to allow the City Council time to review the class and number of licenses outstanding and provide for any amendment deemed necessary.

The Council was provided with applications for both locations from new businesses interested in liquor licenses.

Councilman Ferguson asked what happens after 60 days. Mr. Taylor explained unless the Council takes action to reduce the number of licenses, the license would become available to anyone meeting all of the necessary requirements.

Jon Racklin addressed the Council on behalf of Jason Collins. Mr. Collins is interested in opening Friday Nite Lites, Inc. at 433 S. West and is applying for a Class A liquor license. Mr. Collins will be renting the establishment. On behalf of Mr. Collins, Mr. Racklin asked the Council to waive the 60-day requirement to allow Mr. Collins to acquire a liquor license.

Councilman Ferguson inquired if Friday Nite Lites will serve food. Mr. Racklin answered the establishment will only be a tavern with no food served at this time. Down the road it may be something that is considered, but at this time there is no commercial cooking equipment in the building. A full scale restaurant would require a substantial investment. There is a possibility he may serve pizzas which can be prepared quickly and easily.

Councilman Brown asked if the 60-day requirement could be waived at this meeting. Mr. Taylor answered yes, and a liquor license can be issued as soon as all information is submitted and requirements are met.

Mayor Lambird asked how quickly Mr. Collins wants to have the establishment opened. Mr. Racklin explained Mr. Collins anticipates making some substantial renovations to the building, but plans to open early to mid-November. Mr. Collins would like to obtain a liquor license as soon as possible.

Councilman Ferguson asked Mr. Collins if he has had any experience in a liquor establishment. Mr. Collins answered no, but his father has owned two bars in the past and is a good source of knowledge and is willing to help him get started.

Jennifer Hernandez addressed the Council concerning a liquor license for 200 W. Main. She and her husband, along with two other partners, want to acquire a liquor license for a Mexican restaurant they would like to open. The two other partners already own restaurants in Flora and Taylorville. Her husband manages the restaurant in Flora. She also requested that the 60-day review period be waived. They would like to open the restaurant in one month.

The previous liquor license for 200 W. Main was only for the back portion of the building. The Council questioned if the new license would only be for the back. Mrs. Hernandez commented they are applying for a license for the entire building.

Councilman Ferguson asked if they have worked out arrangements with Dr. Able, the current owner of that location. Mrs. Hernandez answered yes.

Councilman Foster moved to waive the 60-day waiting period and grant the two requests for liquor licenses, seconded by Councilman Brown. Councilmen Brown, Weber, Ferguson, Mayor Lambird and Councilman Foster voted yes. There were no opposing votes. The motion carried. Resolution 2009-R-63 will be prepared.

8-C1 “City Treasurer - Discussion: Firing Range Building Budget” Mr. Yockey advised the Council that the White Squirrel Saddle Club was originally allowed $2,800 to make improvements to the firing range building. At this time they are approximately $14.00 over budget and an additional bill for $900 was recently received. They have several more improvements planned which total approximately $4,500. Al Zellmer was not available to attend the meeting tonight.

Councilman Ferguson asked if the club had previously provided a budget, and what improvements they intended to make. Mr. Yockey will try to locate their original proposal.

Police Chief Chaplin has not been in the building recently, and has had no contact with Mr. Zellmer.

Mr. Bukas has been to the building recently and reported they have upgraded the electrical, new dry wall, there is a small kitchen area, remodeled the bathroom which is now ADA accessible, painted, did some plumbing work and new exterior doors. Mr. Bukas understood that originally the Council asked Mike Mitchell to estimate the cost to bring the building up to standards. Mr. Bukas had questions about the additional improvements. The saddle club is making a nice facility, but he was not sure if the additional improvements are needed.

AGENDA #9 “OLD BUSINESS” There was no old business to discuss.

AGENDA #10 “NEW BUSINESS” There was no new business to discuss.

AGENDA #11 “PUBLIC COMMENTS/PRESENTATIONS” John Rohr questioned when Mr. Charleston expects to have his study completed. Mr. Charleston originally indicated six weeks which should be in the middle of October.

Mr. Rohr asked if Mr. Charleston’s study is taking the place of the studies submitted by several outside firms. Mayor Lambird answered yes.

AGENDA #12 “REPORT FROM THE MAYOR” Mayor Lambird wished Rob Kirby good luck. He will be running in the 5K national championship in New York this weekend.

He also wished the Mustard Seed at Celebrations good luck. They opened last week. Also opening last week was Market Decor. He also wished them well.

Mayor Lambird congratulated the Olney Arts Council on the annual Fall Festival.

Mayor Lambird requested the Council to reappoint Joe Johnson to the Plan Commission.

Councilman Brown moved to reappoint Joe Johnson to Plan Commission.

Councilman Ferguson requested that the Council receive a profile on persons being recommended for appointment prior to the meeting. Mayor Lambird will take this into consideration for the future.

Councilman Ferguson seconded the motion. A unanimous voice vote was received.

Mayor Lambird recommended that Bob Foerster be appointed to the Board of Fire and Police Commissioners. Mr. Foerster is a former police office with several years of experience.

Councilman Ferguson asked how long the City will be accepting job applications for police officers. Mr. Bukas reported today at 4:00 p.m. Testing will be held October 3.

Councilman Brown moved to approve the appointment of Bob Foerster to the Board of Fire and Police Commissioners, seconded by Councilman Foster. Councilman Ferguson, Mayor Lambird, Councilmen Foster and Brown voted yes. Councilman Weber abstained. There were no opposing votes. The motion carried.

AGENDA #13 “REPORTS FROM CITY COUNCIL MEMBERS” Councilman Brown received a complaint about a culvert that was recently installed by the City at the corner of Main and Evergreen. The repair needs additional rock. Councilman Brown asked someone to look at the situation.

Councilman Brown asked if the Council has been presented with a proposed ordinance concerning noise. In the past Mr. Taylor had presented the Council with a summary, but he will put something together for the Council within the next two weeks.

Councilman Ferguson has received a couple of calls regarding the extension of city water service to the north side of East Fork Lake. Mr. Bukas reported that nothing has taken place with that project. Consideration has been given to change the scope of the project. Originally, the new water line would be installed under the lake. Since that time, consideration has been given to extending a water line from Route 130 down Golf Lane. No funds have been appropriated for this project. The best way to determine the number of people interested in acquiring water service would be to do an interest survey. Once a customer base is determined, the Council will need to determine how to fund the project. Application was made for stimulus money for three water projects, but only $300,000 was received and that will be used in the industrial park. Before the public is approached, the City will need to know some cost estimates.

Councilman Weber questioned the debt service that had been paid off and whether that additional money could be used for the water extension project. Mr. Yockey explained $300,000 was restricted until a bond issue was paid off. Now that the bonds have been paid off, $300,000 has become unrestricted. Some of this money will be used for Butler Street. If bonds are issued again, additional funds will have to be restricted.

Councilman Ferguson asked if Mr. Bukas knew who was installing the new water lines west of Noble. Mr. Bukas reported RE Water District. Noble still has 10 years left on the City of Olney water contract. They are satisfied with their water service, so they made the decision to continue water service with the city.

Councilman Ferguson questioned where RE receives their funding for extending water service. Mr. Charleston commented usually funding comes from Rural Development and some from CDAP.

AGENDA #14 “CLOSED SESSION: COMPENSATION OF SPECIFIC EMPLOYEES” Councilman Foster moved to adjourn to executive session for the purpose of discussing compensation of specific employees and pending litigation, seconded by Councilman Brown. A unanimous voice vote was received.

Councilmen Foster, Brown, Weber, Ferguson, Mayor Lambird, City Manager Bukas, City Attorney Taylor and City Clerk Henton left the Council Chambers at 8:26 p.m.

AGENDA #15 “RECONVENE OPEN SESSION” Upon the return of those who were in executive session to the Council Chambers, Councilman Brown moved to enter back into open session, seconded by Councilman Weber. A unanimous voice vote was received. Open session resumed at 9:59 p.m.

AGENDA #16 “ACTION ON CLOSED SESSION” Councilman Ferguson moved to approve Resolution 2009-R-64 which rescinds the Notice of Intent to Award that was previously issued to B & T Drainage & Excavating from Marshall, Illinois for the North Route 130 pump station upgrade due to noncompliance to bid specifications, seconded by Councilman Brown. Councilmen Brown, Weber, Ferguson, Mayor Lambird and Councilman Foster voted yes. There were no opposing votes. The motion carried.

Councilman Foster moved to approve Resolution 2009-R-65 which is a Notice of Intent to Award for Kieffer Bros. Construction Co., Inc. of Mt. Carmel, Illinois, seconded by Councilman Weber. Councilmen Weber, Ferguson, Mayor Lambird, Councilmen Foster and Brown voted yes. There were no opposing votes. The motion carried.

AGENDA #17 “ADJOURN” Councilman Weber moved to adjourn, seconded by Councilman Brown.

The meeting of the City Council adjourned at 10:01 p.m.



Belinda C. Henton
City Clerk