CITY OF OLNEY
CITY COUNCIL MEETING
JANUARY 25, 2010


AGENDA #1 “CALL TO ORDER” The January 25, 2010 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. Paul Boostrum 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 January 11, 2010 and Special Council Meeting on January 18, 2010
4-B Approve and Authorize Payment of Accounts Payable January 26, 2010-Pooled Cash $55,032.17
4-C Raffle License Applications - Olney Little League, Center Shrine Club and Angel of Hope Children’s Memorial Garden

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

AGENDA #6 “CONSIDERATION OF CONSENT AGENDA” Councilman Weber moved to approve the consent agenda, seconded by Councilman Ferguson. 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”

8-A “City Manager - Status Report” Mr. Bukas reported the City recently applied for a $185,427 grant with the DCEO Housing Rehabilitation program. The area of the grant is bounded by S. Fair, E. Ridgway, S. Morgan and E. Monroe. There are 34 houses in the target area of which 16 qualify for housing rehabilitation assistance. The goal is to rehabilitate 6 owner-occupied houses. The grant announcement will be made in June. If successful, bids will be awarded in December with a completion date in April 2011.

Mr. Bukas reviewed the monthly receipts for Corporate Replacement Tax, Income Tax, Motor Fuel Tax and Sales Tax. All receipts continue to be lower than received last year.

The Board of Fire and Police Commissioners has developed a final eligibility list. A background check is currently being conducted on the top candidate.

The bid date for the E. Butler Street reconstruction project may be delayed until April 23, 2010. IDOT will travel to Olney to certify that all of the easements and right of ways have been secured. The Sewer Department will be re-televising the sanitary sewer on Butler Street. It appears that 50 feet of the sanitary sewer will have to be replaced. Staff is looking at the possibility of lining the sewer line.

Mr. Bukas advised the Council that a revised cost of $62,000 could be expected to replace all the laterals in the reconstruction area.

Ameren will be cutting tree tops in the Butler Street area for the next two Saturdays. This will enable them to move utility poles for this project.

The materials needed for the lighting grant have been received. Installation has not yet started, but will in the near future.

Mr. Bukas reviewed the results of the City Council Advance. More than 85 issues were considered. After prioritization was completed, the Council and staff’s first priority was the upgrading of equipment. The Council’s second priority was to increase efficiencies in the work force and through intergovernmental agreements. The Council’s third priority was the repair of sidewalks, installation of new sidewalks and creation of bike paths.

8-B “City Attorney - Ordinance: Amend Section 2.72 of Municipal Code-ADA Procedures” The Council was provided with a proposed ordinance amending Section 2.72 of the Municipal Code as it relates to the ADA procedures. This ordinance is being proposed to bring the City into compliance with recent legislative changes.

Mr. Taylor explained recently the General Assembly passed a public act that requires certain ADA information to be posted on the City’s website. Mike Hill is the City’s ADA coordinator.

Councilman Ferguson moved to pass Ordinance 2010-04, seconded by Councilman Brown. Councilmen Brown, Weber, Ferguson, Mayor Lambird and Councilman Foster voted yes. There were no opposing votes. The motion carried.

AGENDA #9 “OLD BUSINESS”

9-A “Discussion: Proposed Donation - 418 E. Monroe” Mr. Bukas reported that Tony Adams has offered to donate a vacated lot owned by him at 418 E Monroe. The vacant lot is 87' x 106'.
Councilman Brown inquired if any bids were received for the sale of 402 W. Elm. Mr. Bukas answered no. Councilman Brown asked if this lot would be of benefit to the City. Mr. Bukas explained the City could try to resell the lot with tax refunds similar to 402 W. Elm, or it could be used for a neighborhood playground.

Councilman Brown moved to accept the donation from Tony Adams for 418 E. Monroe, seconded by Councilman Weber.

Councilman Foster asked if accepting this donation would be added cost in maintenance. Mr. Bukas answered yes because the City will have to make sure the grass is mowed until the lot is sold.

Councilman Ferguson pointed out this lot is located in the part of town that is being targeted for redevelopment.

Councilmen Weber, Ferguson, Mayor Lambird, Councilmen Foster and Brown voted yes. There were no opposing votes. The motion carried. Resolution 2010-R-06 will be prepared.

9-B “Ordinance: Sanitary Sewer Fees” The Council was provided with a revised sanitary sewer fee ordinance.

Mr. Bukas reported that as a part of the Park Lift Station project, the City had to look at sewer rates due to the EPA loan being received for the project. It was proposed to lower the debt service portion of the bill from $3.98 to $2.75. When they were looking at the rates, it was realized the current rates are not keeping up with costs, and there are major projects coming up. Mr. Bukas proposed increasing the user rates from $2.48 per 1,000 gallons to $3.17. The last rate increase was in 2007.

Councilman Weber asked if there are outside city rates for sewer. He was told no. The exact number of outside city users was not known. The industries in the south industrial park do not pay outside city rates for water or sewer. Councilman Weber only thought it was fair to charge out of town users a higher price.

Councilman Weber asked why industries outside of town were not charged outside rates. Mr. Taylor assumed the reason was to attract industry.

Councilman Ferguson asked for an address list of out of town sewer services.

Councilman Weber moved to pass Ordinance 2010-05, seconded by Councilman Foster.
Councilman Ferguson, Mayor Lambird, Councilmen Foster and Weber voted yes. Councilman Brown voted no. The motion carried.

9-C “Discussion: Musgrove Park Ball Diamond Dugouts” At the last meeting the Council was provided with preliminary drawings of a dugout for the Musgrove ball diamond. The drawings have been revised to include an entrance door. The proposed design will include split face concrete blocks to match the pool. The estimated cost is $15,000 per dugout. No funds have been budgeted for this project.

Several people are willing to volunteer their time or make a donation toward this project, but there needs to be a project to work toward. Councilman Brown requested the Council’s approval of the basic design so work can start to organize volunteers and donations.

The Council continued to discuss the construction. It was decided decorative blocks would provide better air flow and storage in both buildings would be helpful.

Councilman Brown moved to approve dugout design option 1, seconded by Councilman Ferguson. A unanimous voice vote was received.

AGENDA #10 “NEW BUSINESS”

10-A “Bid Opening: 402 W. Elm” Mr. Bukas reported no bids were received for the sale of 402 W. Elm. He recommended changing the specifications. A proposal will be prepared for the Council’s review at the next meeting.

10-B “Resolution: Accept Bid for E. Butler Street Waterline Materials” Four bids were received for the E. Butler Street waterline materials. Staff recommended accepting the low bid from H D Supply in the amount of $33,503.92.

Councilman Ferguson moved to approve Resolution 2010-R-07, seconded by Councilman Weber. Councilmen Foster, Brown, Weber, Ferguson and Mayor Lambird voted yes. There were no opposing votes. The motion carried.

10-C “Resolution: Accept Bid for E. Butler Street Waterline Linestops and Boring” Four bids were also received for the linestops and borings on the E. Butler Street waterline project. Staff recommended accepting the low bidder from Wayne Lapington Excavating in the amount of $13,205.00.

Councilman Foster moved to approve Resolution 2010-R-08, seconded by Councilman Weber. Councilmen Brown, Weber, Ferguson, Mayor Lambird and Councilman Foster voted yes. There were no opposing votes. The motion carried.

10-D “Resolution: Bill’s Machine Loan” Mr. Bukas reported that the City awarded a UDAG grant to Bill’s Machine in 2007 for the relocation of his business and B & M Truck to the south industrial park. At that time the Council stipulated that 25 jobs would be maintained. The grant agreement did not stipulate that the 25 jobs were a combined total between Bill’s Machine and B & M Truck. The agreement has been amended stating 25 jobs are required between the two businesses. If this level of jobs is not maintained, Bill’s Machine will be penalized up to five years. Currently, there are 32 jobs between the two businesses in the same building. The proposed agreement will make the jobs requirements clearer.

Councilman Ferguson moved to approve Resolution 2010-R-09, seconded by Councilman Weber. Councilmen Weber, Ferguson, Mayor Lambird, Councilmen Foster and Brown voted yes. There were no opposing votes. The motion carried.

AGENDA #11 “PUBLIC COMMENTS/PRESENTATIONS”

11-A “Request: Sale of Alcohol on Valentine’s Day, February 14” Penny Densmore, representing the Olde Tyme Steakhaus, requested permission to sell liquor on Sunday, February 14. She plans to have her restaurant open for Valentine’s Day from 4:00 p.m. until 8:00 p.m.

Councilman Ferguson questioned if the Council should consider this request for everyone with a liquor license to not show favoritism. Mr. Taylor commented that decision is up to the Council. A simple motion and vote is all that is required.

Councilman Foster asked if sales would be increased by that much. Mrs. Densmore was not sure how much of a difference liquor would make, but she is trying to keep more money local.

A Class A liquor license still does not distinguish between a restaurant and a tavern. Councilman Brown felt it was a reasonable request. Councilman Weber felt it was fair to consider each request separately.

Councilman Ferguson questioned regulations for carrying in your own liquor. Mr. Taylor explained that is currently allowed if the establishment has nothing to do with providing anything such as glasses, ice and serving alcohol.

Mrs. Densmore explained she did not want to be open every Sunday.

Councilman Weber moved to approve the sale of liquor on Sunday, February 14 from 4:00 p.m. until 8:00 p.m. at the Olde Tyme Steakhaus, seconded by Councilman Brown. Councilman Ferguson, Mayor Lambird and Councilman Foster voted no. Councilmen Brown and Weber voted yes. The motion failed.

11-B “Request: Sale of Alcohol on Super Bowl Sunday, February 7” Doug Dillard, representing Papa Mikes, requested to serve liquor on Super Bowl Sunday, February 7. He explained this was a big day in sports for tavern business. He felt the City was losing a substantial amount of sales tax to outside communities by not allowing Sunday liquor sales. He stated there are many Class A liquor license holders that would like to be open for Super Bowl Sunday.

Councilman Brown moved to allow the sale of alcohol on Sunday, February 7 from 4:00 p.m. until 11:00 p.m., seconded by Councilman Weber.

Councilman Foster was opposed to offering alcohol for sale on Sundays. He felt that serving more alcohol would create more problems. He did not believe sales tax would be affected by Sunday alcohol sales.
Mayor Lambird, Councilmen Foster and Ferguson voted no. Councilmen Brown and Weber voted yes. The motion failed.

Sue Rohr requested a meeting with Mayor Lambird, Mr. Charleston and Councilman Ferguson. A meeting was set up for Thursday, February 4 at 5:00 p.m.

Brian O’Neill would like to have the flooding problems solved. He understood that the government only has so much money, but they need to prevent hazards such as floods. He also wants to see the City knock down the house at 300 E. Vine as soon as possible.

Mrs. Densmore presented an ad for El Rancherito advertising the sale of margaritas on Sundays. The City Attorney will follow up on this situation.

Harvey Biehl, 706 Watson, asked the Council if they have seen the streets in his subdivision. He pointed out repairs need to be made.

William Ginder, 1905 E. Scott, was concerned with the continued deterioration of the streets. The streets are oiled and chipped each year, but they keep getting worse.

Darrel Sherman pointed out the trash truck should not be allowed on the roads during the hot days in the summer. Councilman Foster asked if the residents would be interested in taking their trash to a different location so the heavy truck would not have to travel on their streets.

Mr. Biehl questioned the cost of soil cement. Mr. Charleston agreed soil cement is a good way to stabilize the base. He can figure the cost.

Mr. Charleston commented that the base of the streets in Eastgate Subdivision is the problem. A base needs to be built and then think about a surface. Many of the streets have lost their crown which allows water to stand on the surface and further deteriorate the streets.

Councilman Foster asked for the cost to improve base. Mr. Charleston agreed MFT funds can be used for this project.

Councilman Weber suggested that the City coordinate with the county for soil cementing.

George Hostettler expressed his objection to allowing golf carts on public streets.

AGENDA #12 “REPORT FROM THE MAYOR” Mayor Lambird had nothing further to report.

AGENDA #13 “REPORTS FROM CITY COUNCIL MEMBERS” Councilman Weber asked that the staff contact the residents on E. Butler Street to work out an agreement for the residents to pay a portion to have their sewer laterals replaced, and the City would also pay a portion before the reconstruction begins. Councilman Weber suggested the residents pay $1,000. Mr. Bukas reported the average cost would be $2,500 per house. This work would have to be bid out. Hopefully, the contractor that reconstructs the road could also replace the laterals. Mr. Bukas pointed out that it is going to be hard for city crews to get both a new water line and sewer repairs made before street reconstruction begins. It will be helpful if the bid date is postponed until April 23.

Councilman Foster questioned if the residents could arrange for installment payments for the lateral replacements.

Councilman Weber moved to direct the City Manager to enter into negotiations with the residents of E. Butler from East Street to Lincoln Street as far as the price they are willing to pay to have their sewer laterals replaced before the street is reconstructed.

The Council discussed special assessment for the replacement of sewer laterals. Mr. Taylor explained there is not enough time for the special assessment process. By agreement the residents that want to participate can spread the cost over a period of time.

Councilman Ferguson questioned if the City can force the residents to replace their laterals. Mr. Taylor pointed out there may be some residents that have already had to replace their laterals.

Councilman Weber withdrew his motion.

Councilman Weber moved to have the City Manager talk to residents on E. Butler Street between East Street and Lincoln Street to see if they are interested in paying to have their laterals replaced on a 12-month pay back for cost.

Mr. Charleston explained currently the bid letting is scheduled for March 5. The contractor could start work in the middle of April. With this time schedule, there may be a time problem to get the water line completed before street reconstruction begins. If the letting date is changed to April 23, construction would not start until June. Letting dates are controlled by IDOT in Springfield. The April 23 bid date would allow time to consider Councilman Weber’s proposal.

Councilman Weber withdrew his motion.

Councilman Weber asked Mr. Taylor about the current law on video gaming machines. Mr. Taylor explained the General Assembly passed a law that once implemented will authorize certain establishments that have a liquor license to have video gaming. The law is currently in effect, but the Gaming Board needs to establish the networking facility to connect the video games. Mayor Lambird has been informed it will be at least October before the system is functional. The entire program will be administered by the state.

Councilman Ferguson asked if any thought has been given to putting together a City newsletter. Money has been budgeted for the newsletter. Nothing has been done so far to prepare a newsletter.

AGENDA #14 “CLOSED SESSION: PERFORMANCE, APPOINTMENT AND EMPLOYMENT OF SPECIFIC EMPLOYEES” Councilman Brown moved to adjourn to closed session for the purpose of discussing the performance, appointment and employment of specific employees and the acquisition of real property, seconded by Councilman Foster. 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 8:53 p.m.

AGENDA #15 “RECONVENE OPEN SESSION” Upon the return of those who were in closed session to the Council Chambers, Councilman Weber moved to enter back into open session, seconded by Councilman Foster. A unanimous voice vote was received. Open session resumed at 10:01 p.m.

AGENDA #16 “ACTION ON CLOSED SESSION” No action was taken as a result of the closed session.

AGENDA #17 “ADJOURN” Councilman Weber moved to adjourn, seconded by Councilman Foster. A unanimous voice vote was received.

The meeting of the City Council adjourned at 10:02 p.m.


Belinda C. Henton
City Clerk