CITY OF OLNEY
CITY COUNCIL MEETING
OCTOBER 26, 2009


AGENDA #1 “CALL TO ORDER” The October 26, 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 led by Derek Novak. Larry Weber 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 Roger Charleston and City Clerk Belinda Henton.

AGENDA #4 “PRESENTATION OF CONSENT AGENDA”
4-A Approve Minutes of Council Meeting on October 12, 2009 4-B Approve and Authorize Payment of Accounts Payable October 27, 2009-General Corporate $94,230.20, Water $58,265.28, Sewer $22,741.11, Motor Fuel Tax $7,328.00, Levied Insurance $1,764.02 Tourism $7,237.50 and water deposit refunds $1,273.82
4-C Request: Raffle License Application - American Legion Post #30 & Olney Elks Lodge

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

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

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

AGENDA #8 “STAFF REPORTS”

Mr. Bukas reported he and other staff members will be traveling to Chicago Thursday to meet with EDA to discuss the City’s idea of running a 12" water line down Holly Road from the northeast high pressure zone. They will also be asking for an extension on time.

8-A1 “City Manager - Status Report” City Hall staff mailed out 1,672 letters to determine what neighborhoods would be eligible for a housing rehabilitation program. The income surveys were due on September 25, 2009, and as of October 20, 2009, Greater Wabash received 564 responses which was a 33.8% return rate.

Mr. Bukas reported the October receipts for Corporate Replacement Tax was approximately $3,000 more than last year. Year to date receipts are down 15%.

The October Motor Fuel Tax receipts were $1,500 less than last year, and the year to date receipts are down $5,000.

The July Sales Tax receipts received in October were $117,000, a decrease of $11,300 from the same period last year. The last four months Sales Tax receipts have experienced a decrease.

The October receipts for Telecommunications Tax were $18,000 which was up $7,000 from the same period last year. The current year’s receipts are 67.74% higher than last year.

The Fire Department snow guards project has been completed.

The Musgrove ball park diamond has been seeded along with the East Fork Lake retaining wall area. A final report and a request for funds have been forwarded to the Illinois Department of Natural Resources.

EPA is currently reviewing the bids for the Park Lift Station project. Once the review has been completed, it will take about two weeks to get the required signatures. Loan information will be mailed to the City.

The equipment for the fine bubble air diffusors at the Sewer Plant should arrive any day. This new equipment should save approximately $58,000 in electrical costs annually. The cost of the project is estimated at $128,000, and a grant was received for $54,330.

Staff will be conducting the semi-annual sanitary sewer flushing in known trouble spots.

Work continues on Hunley Drive and is about 60% completed. The original completion date was October 31, but now it is not expected to be completed until two weeks later.

At the last Council meeting a question was raised about potholes at the intersection of E. Main and Evergreen. This situation has been corrected. The pothole at the intersection of Holly and Hall has also been repaired, but still needs some more work.

The West South Avenue watermain replacement project began October 13 and should be completed by Thanksgiving. The boring work has been completed and the 12" watermain has been tapped on Saratoga.

The semi-annual flushing of fire hydrants was completed on October 11.

Work will start around November 1 on the air diffusion system at East Fork Lake. It will take three to five days to complete.
At a previous Council meeting, a Council member stated he received a telephone call from the property owner at 333 S. Richland that he has been trying to have his sidewalk repaired for 10 years. Tree roots are pushing the concrete up, and the property owner does not want to kill the tree. Mr. Bukas reported the sidewalk was inspected and will be repaired, but will probably not be repaired this year. During the budget process general maintenance issues will be discussed.

A complaint was also received on weeds in the alley behind the Garage Sale. They were taken care of by city crews.

8-A2 “City Manager - Scheduling of Fishing Tournaments” Mayor Lambird, City Manager Bukas, City Clerk Henton, Mike Hooe from the Illinois Department of Natural Resources and Jerry Dunn and Steve Francis from the East Fork Bassmaster recently met to discuss the condition of the fish at East Fork Lake. During the recent fish survey conducted by DNR, approximately 60% of the bass were found to have some kind of stress. DNR’s catch during the survey was the lowest effort they have seen since 2001. During the 2007 survey, DNR was pulling out about 122 bass per hour. This year, they were pulling out about 60 per hour. The minimum for a healthy lake is 60. Based on the rating condition of the lake, DNR officials say they want a rating of 90 or above. Currently, East Fork Lake rates a 90, but in 2007 it was at 98.

Mr. Hooe also mentioned that the crappie population is good, but down a little this year. The walleye are the strongest he has ever seen them at East Fork Lake. In the past the sunfish had declined, but are now improving. Catfish have not been stocked by DNR at East Fork Lake for several years, but the catfish are well populated and big. Mr. Hooe also mentioned Borah Lake is great for bass. DNR released many bass from Red Hill State Park when they were doing their dam reconstruction work. Vernor Lake is well stocked with bluegill at 8" and better.

Based on the conversations during the meeting, staff came up with a number of suggestions to improve the fish quality at East Fork Lake. The Council was provided with these suggestions. An ordinance will be prepared for the next Council meeting based on these suggestions. Mr. Bukas reviewed the suggested changes. The recommended changes have been provided to DNR, the East Fork Bassmasters and Kevin Arbaugh. For the most part, everyone is in agreement with what is being proposed. The big concern is that when out of town fishing clubs have tournaments at East Fork Lake they usually last eight hours. By limiting the amount of time a fish stays in a live well, or held in a weigh bag, the fish population will improve.

8-B1 “City Engineer - Storm Water Plan” Mr. Charleston presented a map of Olney and explained his office first determined the drainage area. The area is approximately 163 acres which drains toward the Boone Street/Morgan Street area. This is a densely populated urban area where about 60% of the water runs off. A 100-year storm produces 700 cubic feet per second in this area, and a 50-year storm is 600 cubic feet per second. By looking at photographs which were supplied by the residents, Mr. Charleston’s office determined elevations on Morgan and Boone to create a profile of the storm in 2000. That storm created 1,400 cubic feet per second.

When looking at the location of the 700 blocks of Boone and Morgan, and considering the north/south flow of water, they are located in a basin. Considering all these factors, his office then tried to determine how to handle the water situation. A lot of surveying and mapping was done in that area. The storm water drainage system beginning at Silver Street is under ground. There is a 5' pipe carrying water from Silver Street, from Morgan Street going north there is a 3' pipe and over by the hospital and under Silver Street School there is a 2' pipe. These are large contributors to water coming into the area. All of these lines join on the west side of Morgan Street between 300 E. Vine and 709 N Morgan in a big vault. The vault is big enough to handle the water, but then it is reduced into a 4' x 5' box culvert under 300 E. Vine. This causes an eruption of water. This is a problem that needs to be corrected. The Boone Street culvert needs to be enlarged to release some of the flow.

The amount of water coming into this area is so large if the culvert is removed from Boone Street to Morgan and the ditch is reshaped within the 20' alley, it would carry about 200 cubic feet per second, but is not adequate to handle a 100-year storm.

Mr. Charleston explained a 100-year storm means there is a 1 in 100 chance of that size of storm. For example a 100-year storm could be 5" of rain in 40 minutes, but there are many variables.

Mayor Lambird asked what recommendations need to be done. Mr. Charleston suggested
removing the culvert between Boone and Morgan and reshape the ditch. This would handle a 50-year storm. He suggested building a 5' x 10' double box culvert with baffles to control the flow.

John Rohr asked Mr. Charleston if his study went as far as Fair Street. Mr. Charleston answered yes, his study went from Silver Street to the railroad.

Mr. Rohr asked if Mr. Charleston was in agreement with the Corps of Engineers concerning the area behind the Richland County Housing Authority. In their opinion the culvert was insufficient to allow the water to flow. Mr. Charleston agreed with the Corps of Engineers. The Corps of Engineers suggested removing the channel to improve flow.

Mr. Rohr asked Mr. Charleston if he considered any possible retention area to the east of Boone and Morgan. Mr. Charleston answered no, because it would take a very large area to handle the amount of water that flows through this area. Because the area east is a densely populated area, he could not find an area that would be sufficient. A detention area on the church property at 700 N. Silver would help a little, but it would take acres to solve the entire problem.

Councilman Ferguson asked if the suggested improvements are implemented, will it cause a problem down stream. Mr. Charleston explained that is why he suggested baffling the culvert.

Russell Hammond asked what kind of right of way will be needed to reshape the ditch behind his house. Mr. Charleston explained there is only a 20' alley available. He explained how the ditch would be sloped and finished with riprap. Mr. Hammond did not believe riprap would work.

The Bach house at 300 E. Vine is built in the alley.

Brian O’Neill explained the water flow behind the Sunshine Village to the Council.
Mayor Lambird asked about the elevation change between Boone Street and Fair. Mr. Charleston stated there is adequate slope to allow flow.

Mr. Hammond asked if there is a definite fix or definite start date. Mayor Lambird believed the City was close to getting a plan, but there are some things that will have to take place before work moves forward. Mayor Lambird expected action can be taken to approve a plan within the next meeting or two. He reminded the people involved even if the suggested improvements are made, it will not prevent a 100 flooding.

Rita Zeisset wants the ditches cleaned. She believed that would solve some of the problems.

Sue Rohr asked if it would be cheaper to do this project than to just destroy all of the homes. Mr. Charleston explained to this point he has just identified the problems and solutions.

Mr. Hammond was concerned with how close his foundation is to the ditch. Mayor Lambird assured him the City will not approve a plan that will endanger his house.

AGENDA #9 “OLD BUSINESS”

9-A “Resolution: SWAN Certificate of Local Approval” Prior to the meeting, staff expressed concerns with some of the clientele that SWAN has been servicing over the years. Some of these residents are actually coming from out of state and have caused our Police Department numerous problems, including trafficking in drugs and domestic violence complaints. Mr. Bukas has written Linda Bookwalter, the Executive Director of SWAN, a letter requesting some information on whom they are serving and what kind of services they are providing. The Council was provided with a copy of that letter.

Linda Bookwalter asked for the City’s local approval to support a grant application for $75,000. This grant is used for utilities, food for the shelter, food for their food pantry, liability insurance, gas for agency vehicles and medicine for people in their programs who have no health insurance. The City has given their support for this grant for the past 20 years.

Councilman Ferguson asked what impact would there be if local support is not given. Mrs. Bookwalter explained SWAN would not receive the $75,000 grant, and then they would need to look at whether they would want to keep their operation within this community. SWAN employs 20 people of which 12 are Richland County residents. Their operating budget is approximately $1,500,000. To obtain funding, the shelter has to agree to take people into their homeless program from all parts of state. They are also a regional program that covers nine counties. SWAN is the only homeless shelter and domestic violence shelter within the nine county area.

Mayor Lambird asked if there are any homeless in Richland County. Mrs. Bookwalter answered yes. Nineteen percent of the people served by their shelter come from Richland County. Eighteen percent of that 19% are from Olney. When clients come to the shelter, they check to make sure there are not sexual predators, have sexual assault charges against them or have active orders of protection. If someone comes in and causes them trouble, they buy them a bus ticket and get them out of town.
Mrs. Bookwalter also commented that SWAN offers elder abuse services. They currently have 55 open cases for elder abuse of which 35% are from Olney.

Councilman Foster clarified that 81% of the homeless that are served are from outside Richland County. Mr. Bookwalter commented that some times clients come to the shelter with out of state addresses, but are originally from Richland County, they have just moved away and then came back to Richland County.

Councilman Foster asked if SWAN bring clients in from outside of the state. Mrs. Bookwalter answered yes. Some times clients are traveling through the area trying to get to some place safer. Occasionally, SWAN helps people change their identity.

Councilman Foster asked if several clients that come to SWAN end up staying in Olney. Mrs. Bookwalter answered yes. SWAN works with OCC to get the people without a high school diploma into a GED program. This helps them become productive in the community.

Mayor Lambird asked about the food pantry. Mrs. Bookwalter reported at the last food distribution, 140 families were served. The demand has increased. The food pantry takes place twice a month with an average of 120 families.

Councilman Weber asked if Mrs. Bookwalter works with the Police Department or Sheriff’s Department when dealing with trouble makers. Mrs. Bookwalter explained trouble makers are defined as people who will not participate in the services offered, or if alcohol or drugs are involved. Two staff members have been assaulted in the past, and the Police Department was contacted. Mrs. Bookwalter stated if the Police Department has trouble with the clients being served by SWAN, they need to call her.

Councilman Foster was concerned with the problems that the Police Department have had with SWAN clients throughout the years. He was also concerned that this program brings in undesirable people who stay here and cause trouble. Councilman Foster supports the organization and what they do, but suggests coordination with the Police Department and Sheriff’s Department.

Mrs. Bookwalter commented when someone comes into the homeless shelter, they call the Sheriff’s Department to run a background check. She stated they work with the Sheriff’s Department to the best of their ability.

Councilman Ferguson moved to approve Resolution 2009-R-71, seconded by Councilman Foster. Councilmen Brown, Weber, Ferguson, Mayor Lambird and Councilman Foster voted yes. There were no opposing votes. The motion carried.

AGENDA #10 “NEW BUSINESS”

10-A “Ordinance: Authorize IMLRMA Min/Max Agreement” The City’s current liability, property, workers’ compensation, auto, portable equipment and bond insurance expires on December 31, 2009. The IMLRMA premium for the coming year is $217, 259.46. This is roughly at $4,200 increase over last year, but is $14,000 less than paid two years ago. A copy of the premium history was provided to the Council. Mr. Bukas recommended the agreement with IMLRMA be approved.

Councilman Foster moved to pass Ordinance 2009-22, seconded by Councilman Ferguson. A unanimous voice vote was received.

10-B “Ordinance: Annexation of Miller Subdivision” The final plat for Miller Subdivision was recently approved by Council. The property is owned by Mike and Garai Doll and consists of 11.77 acres.

Councilman Ferguson moved to pass Ordinance 2009-23, seconded by Councilman Brown. A unanimous voice vote was approved.

10-C “Ordinance: Establishing Wages for Full Time Employees” The Council was provided with an ordinance to establish a wage for the new Administrative Assistant at the Police Department. The wage will go into effect on November 25, 2009.

Councilman Foster moved to pass Ordinance 2009-24, seconded by Councilman Weber. A unanimous voice vote was received.

10-D “Resolution: Accept Bids for Sand, Crushed Stone and Rip Rap” Fours bids were recently opened for sand, crushed stone and riprap. The low bid for sand was received from Pipher Trucking and Jim Urfer Farms was the low bidder for CA-6, ½" crushed stone, 1" crushed stone, 2" crushed stone and RR-3 riprap.

Councilman Foster asked if the City has ever considered cooperatively purchasing materials with the township. Mr. Bukas said this has not been done in the past, but he will look into this possibility.

Councilman Weber moved to approved Resolution 2009-R-72, seconded by Councilman Foster. Councilmen Foster, Brown, Weber, Ferguson and Mayor Lambird voted yes. There were no opposing votes. The motion carried.

10-E “Resolution: Accept Bid for Concrete” Two bids were recently opened for miscellaneous concrete. Schrey Systems, Inc. was the low bidder for all seven mix designs.

Councilman Ferguson moved to approve Resolution 2009-R-73, seconded by Councilman Weber. Councilmen Brown, Weber, Ferguson, Mayor Lambird and Councilman Foster voted yes. There were no opposing votes. The motion carried.

10-F “Resolution: Amend Agreement with RCDC” The Council was provided with an amended agreement with the Richland County Development Corporation regarding the City hiring the RCDC employees and doing the payroll and leasing them back to the Corporation.
Currently, the agreement covers the executive director and they have asked for the part-time assistant to be included in the agreement. She will work no more than 1,000 hours per year.

Councilman Brown moved to approve Resolution 2009-R-74, seconded by Councilman Weber. A unanimous voice vote was received.

AGENDA #11 “PUBLIC COMMENTS/PRESENTATIONS” Russell Hammond requested that a special meeting be set up with the Council and the five residents to discuss further storm water plans. It was pointed out to Mr. Hammond that the meeting would have to be open to the public if the Council attended. Mr. Hammond answered that was fine.

It was Councilman Ferguson’s opinion the Council needs to come up with a game plan before meeting with the residents.

Mr. Hammond questioned why the public had to be invited. Mayor Lambird explained it was a public issue and every member of the public has the right to know what the Council discusses. Mr. Hammond questioned why they do not have to the right to meet with the Council privately since they supposedly work for them. Mr. Taylor explained an executive session cannot be held simply because someone is requesting a meeting. There are only certain matters that can be discussed in closed session. These provisions are regulated by state statutes. Mr. Hammond also wanted to meet somewhere else in the public. The Council will consider his request.

Pat Burke, representing Mike Doll, addressed the Council concerning a letter Mr. Doll received from the City Manager dated October 20. The letter concerned street specifications in Northside Subdivision. Mr. Bukas requested that the street Mr. Doll was installing should have a 3" of crushed stone base as required by current ordinances. Northside Subdivision was established in 1996 and the revised street specifications were adopted in 1998. Mr. Burke did realize that the subdivision had to be completed within two years. The Dolls have been dealing with the City and these streets for a number of years and they have been relying on past actions of the City. One year ago they laid 350' of concrete on Heather Lane and they were not required to use 3" of crushed stone as a base. About five years ago they laid 350' of concrete on Shawn Lane and there was no requirement for the additional stone. They recently sold another lot and a home is now being built. If they had known of the extra expense, they would have factored in this cost into the lot price.

Mr. Burke requested some type of proposal or compromise tonight. Earlier this year Mr. Doll poured additional curb and gutter. This work was inspected and approved. There is 100' of curb and gutter on Heather Lane and 150' on Taylor Drive where the street has not been completed. They cannot go back and add the additional crushed stone where the curb has been installed. Mr. Doll proposed pouring the rest of the concrete on Heather and Taylor without the crushed stone, and all future street work will comply with the new requirements. There is approximately 600' of Heather Drive that needs to be completed.

Mr. Bukas questioned if the additional 100' of Heather Lane and 150' of Taylor Drive will be completed this year. Mr. Doll replied he would like to complete it this year if the weather cooperates because he has sold two homes which need access.

Councilman Ferguson asked if Mr. Charleston was aware of this situation. Mr. Charleston said he was made aware of the situation by Mr. Bukas and Mr. Doll. Most of the streets in this subdivision have been laid without the additional crushed stone.

Mr. Doll commented the old ordinance required a compaction test. He believed the compaction was good on the areas that are being laid because a fully loaded ready mix truck was not making any tracks on the base, that is called proof rolling. Mr. Doll stated he would not complete the street if it did not have a good base. Flowable fill has been placed over the water and sewer lines.

Mayor Lambird asked if the City has had any problems in previous poured streets in this subdivision. Mr. Charleston has seen some cracking over trenches, but no problem on the ones that Mr. Doll has completed.

Councilman Weber asked if the new ordinance has been enforced on other developers in other subdivisions. Mr. Bukas could not speak on what has been done in the past, but apparently it was not enforced with Mr. Doll in the past. This is the reason why Mr. Doll was stopped and told he could continue if a bond was placed guaranteeing the street would hold up for 30 years.

Councilman Weber questioned the standard engineering practices for compaction. Mr. Charleston replied 92% -95% compaction is required. Mr. Charleston commented proof rolling with a heavy truck is a good test, but not an accepted method.

Councilman Weber was concerned with setting a precedent by allowing something less than required by ordinance and suggested the engineer do a compaction test. If there are no problems with the compaction test, they should be allowed to proceed.

Mr. Doll had a problem with the current ordinance which requires subdivisions to be completing within two years. He is completing this subdivision as a result of the original developer having financial problems and not finishing the 60-lot subdivision.

Councilman Ferguson stated he had no problem, if Mr. Doll is agreeable, with allowing Mr. Doll to complete the remaining portion with curb and gutter as long as Mr. Charleston feels the compaction is sufficient.

Mr. Charleston commented a standard penetrometer test does not take long to perform to verify compaction.

Councilman Foster agreed with having Mr. Charleston preform the compaction test, but he also thought the 30-year bond was reasonable.

Councilman Brown did not have a problem with Mr. Doll finishing the rest of the road where there is already curb and gutter and the rest of the road should have the 3" crushed stone base.

Councilman Ferguson asked if Mr. Doll was required to place a bond on any other streets. Mr. Doll answered no, and he was not sure such a bond could be purchased. Councilman Ferguson felt the bond was unreasonable.

Mr. Taylor commented the only bond required is to guarantee completion. The streets are then inspected after one year and then the requirements of the bond are satisfied.

Mr. Burke explained Mr. Doll is willing to satisfy the requirements in the future, and was willing to complete a compaction test.

Mr. Bukas remarked the current staff is up to date on street requirements.

Councilman Ferguson moved to allow Mr. Doll to pour concrete up to where curb and gutter has been installed according to the old standards with a compaction test, with the understanding that future pours will be required to meet current subdivision requirements, seconded by Councilman Brown.

Councilman Weber asked if other developers have been allowed to complete streets with lesser requirements.

Councilman Ferguson, Mayor Lambird, Councilmen Foster, Brown and Weber voted yes. There were no opposing votes. The motion carried.

Councilman Ferguson questioned if the Blue Knights Subdivision used 3" crushed stone under their road. Mr. Doll answered yes.

Mr. Doll intends to finish the street next year with the 3"of crushed stone.

Brian O’Neill posed several flooding questions to the Council.

AGENDA #12 “REPORT FROM THE MAYOR” Mayor Lambird congratulated the FFA forestry team who competed in the national competition. They completed 15th in the nation.

12-A “Discussion: Advisory Referendum” Mayor Lambird asked the Council to consider, before the end of November, passing a resolution supporting an advisory referendum to be placed on the February 2010 ballot regarding the question whether alcohol should be sold on Sundays. There will be no cost to the City for the advisory referendum, and it would be non-binding.

Mayor Lambird thanked City Clerk Henton for all the work she did on the annual squirrel count. Mrs. Henton will publish the results in the near future.

AGENDA #13 “REPORTS FROM CITY COUNCIL MEMBERS”

Councilman Brown asked for the City Attorney to be directed to look at liquor licenses for
banquets and present a couple of possibilities at the next meeting.

Councilman Ferguson asked the Council to think about SOS bucks and any further discussion utilizing them. Councilman Foster commented he thought it was a fine deal, but thought there needed to be limits on what they can be used for. Councilman Ferguson asked City Manager Bukas to look the possibility and give suggestions. Mr. Bukas has talked to the Chamber about the possibility.

AGENDA #14 “ADJOURN” Councilman Foster moved to adjourn, seconded by Councilman Weber. A unanimous voice vote was received.

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


Belinda C. Henton
City Clerk