CITY OF OLNEY
CITY COUNCIL MEETING
FEBRUARY 22, 2010


AGENDA #1 “CALL TO ORDER” The February 22, 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. Derrell Brame 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 February 8, 2010 and Special Council Meeting on February 18, 2010
4-B Approve and Authorize Payment of Accounts Payable February 23, 2010 - Pooled Cash $46,568.80

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

AGENDA #6 “CONSIDERATION OF CONSENT AGENDA” Councilman Brown 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”

8-A “City Manager - Status Report” The November sales tax receipts increased 3.9% from the same period last year. The year to date sales tax receipts are down approximately 6%. Currently, sales taxes are projected to be $90,000 less than budgeted.

February telecommunications tax receipts were down 64% from the same period last year. The year to date receipts are up 16%.

The hotel/motel tax receipts for 2009 increased 10% from 2008.

No worker compensation claims have been reported during 2010.

Ameren has completed the tree removal on E. Butler. City crews will be replacing 50' of sanitary sewer at the corner of Grant and Butler. The water line project is moving forward. The first block has been completed. Work is proceeding from Lincoln Street west.

The lighting grant project has been completed at the fire station and the police station should be completed within the next day or two.

The City Clerk, City Manager’s Assistant and the Utility Billing Clerk have completed the Freedom of Information training and the City Clerk and City Manager’s Assistant have finished the Open Meetings Act training.

A total of four building permits were issued during January 2010 totaling $228,000.

8-B “City Manager - East Butler St. Sanitary Sewer Laterals” There are 43 sewer laterals on E. Butler Street plus a few that are tied into manholes. Of the 43 laterals, six are PVC that would not need to be replaced.

It has been discovered that the sanitary sewer main cannot be lined because it has offsets and the size of the line. Along this 50' sewer main there is between 3' to 12' of main that needs to be replaced. Laterals in this area will be replaced if there is a need. It will take approximately four weeks to complete this portion of the project.

Mr. Taylor has found no statutory authority to require residents to pay for improvements.

Mr. Bukas suggested charging $1,000 for any lateral the City installs. A change order could be executed for laterals that cannot be repaired by the City, but this would be more costly. Even if a contractor has to do the lateral replacement, Mr. Bukas recommended still only charging the residents $1,000. The estimated cost to replace a lateral once the new street is laid is $2,600. Mr. Bukas requested the Council’s approval to send a letter to all property owners within the reconstruction area with the estimated cost to replace a lateral once the new street is laid and the $1,000 fee that would be charged to do the work during construction.

The Council needs to make a decision on the lateral replacement so this project can move forward. The bids for the street reconstruction will be opened on March 5.

Mr. Bukas explained the City does not have funds to replace all of the laterals without resident reimbursement or the use of sewer reserves.

Councilman Weber suggested offering a payment schedule and allow the residents to choose the length. He wants to look at any incentive to get the residents to replace their laterals before the street is reconstructed. Councilman Ferguson agreed. Councilman Brown suggested allowing 48 months for pay off.

Mr. Bukas suggested that a 60-month pay off plan be offered.

Councilman Foster moved to offer property owners a 60-month pay off plan if they option to replace their sewer laterals for $1,000, seconded by Councilman Brown.

Andy Griffin is a property owner and wanted to know where the City came up with cost. Mr. Bukas explained the cost of $1,000 only includes the price of materials. Mr. Charleston commented that materials not only include pipe, but backfill material which is expensive.

Councilmen Brown, Weber, Mayor Lambird and Councilman Foster voted yes. Councilman Ferguson voted no. The motion carried. Resolution 2010-R-16 will be prepared.

8-C “City Attorney - Veolia Contract/Curbside Recycling” The Council was provided with a memo concerning the Veolia franchise agreement and recycling. The agreement reserves the right of the City to implement residential curbside recycling with Veolia. The city also reserved the right to negotiate alternative methods of collection and compensation for recycling that may be deemed necessary and beneficial to the City. If the City is interested in doing curbside recycling in a manner that is different from the specifications, the City should negotiate with Veolia. However, if the City and Veolia are unable to arrive at an agreement, there is no provision in the agreement for mediation or arbitration. It was Mr. Taylor’s opinion that the City is free to negotiate with another provider to obtain the desired services.

Mr. Bukas reported when bids were originally obtained, Veolia bid $3.50 for recycling, but during his last conversation with Veolia they proposed $2.98.

Councilman Weber has been told that Veolia has a policy to take recyclables to the cheapest place whether it is to a landfill or a recycling center. Camilla Herd, representing Veolia, stated that never occurs. Veolia recently started a successful recycling program in Crawford County. Veolia is currently in discussions with Secure Processors concerning a recycling center in Olney.

Councilman Ferguson asked about education that Veolia offers for recycling. Mrs. Herd explained that Veolia has offered to create a website for Crawford County and they also conduct community forums to help educate the public.

Councilman Foster questioned if the cost of $2.98 could be further reduced if a recycling center is located in Olney. Mrs. Herd stated the cost of $2.98 was contingent upon a recycling center locating in Olney.

Councilman Ferguson moved to direct the City Manager to enter into negotiations with Veolia concerning curbside recycling for the citizens of Olney, seconded by Councilman Brown. Councilmen Weber, Ferguson, Mayor Lambird, Councilmen Foster and Brown voted yes. There were no opposing votes. The motion carried.

8-D “City Attorney - Non Highway Slow Moving Vehicles” The Council was provided with a memo from Mr. Taylor concerning low-speed vehicles and non-highway vehicles on city streets.

The General Assembly has recently made changes to the regulations for low-speed vehicles and non-highway vehicles. Mr. Taylor explained the differences. Low-speed vehicles are permitted on City streets with a speed limit of 35 m.p.h. or less unless the City prohibits them on individual streets. Non-highway vehicles are not permitted on City streets unless the City authorizes them and then only on City streets with a speed limit of 35 m.p.h. The Illinois Municipal League is in the process of making clarifications and requesting possible amendments concerning the use of these vehicles.

Councilman Foster stated he was opposed to allowing low-speed vehicles on city streets.

Councilman Weber suggested raising the speed limit on city streets to 31 m.p.h. to prevent access to city streets. Mr. Taylor pointed out these vehicles are allowed on streets with a speed limit up to 35 m.p.h. State statutes require that speed limits be posted.

Councilman Ferguson asked Police Chief Chaplin if his department is seeing more low- speed vehicles. Chief Chaplin reported his department had two complaints last year, one was ticketed and one was not. Chief Chaplin agreed these vehicles would be a hazard if allowed on the city streets.

Councilman Foster suggested that this matter be tabled until additional information is available concerning amendments or further clarification.

AGENDA #9 “OLD BUSINESS”

9-A “Resolution: BMI/ASCAP Agreement” The Council was provided with a memo from Mr. Taylor concerning music licensing options. The International Municipal Lawyers Association has negotiated a blanket license agreement with ASCAP and BMI. Together these agreements provide local governments with licenses to nearly 98% of all music commercially available. The two companies cover different music so to get the 98% coverage both agreements are needed. Both companies charge $305 annually.

Mayor Lambird asked Mr. Taylor if he knew of any municipalities that have been sued. Mr. Taylor answered no.

Councilman Foster suggested that instead of playing recorded music, the City could consider subscribing to XM radio. Mr. Taylor believed a music license would still be needed.

Mr. Bukas commented that other municipalities that he has worked for subscribed to BMI, and he has known of other municipalities that have been sued. He suggested using Tourism money to pay for one of the licenses since the Christmas Light Display plays music.

Councilman Weber moved to approve Resolution 2010-R-17, seconded by Councilman Foster. Councilman Ferguson, Mayor Lambird, Councilmen Foster, Brown and Weber voted yes. There were no opposing votes. The motion carried.


AGENDA #10 “NEW BUSINESS”

10-A “Resolution: Authorizing Access License Agreement” The Council was provided with a proposed resolution and off-site access agreement between the City and Knapp Oil Company. Mr. Taylor explained the agreement relates to the Knapp Oil property at the intersection of Elliott and Main. They are doing site assessments and remedial proceedings and need to place four monitoring wells within the Elliott Street right of way, but they will be located in the boulevard on the west side of the street.

Mr. Taylor requested additional language which has been used in similar agreements. This addition was provided. There are already wells on this property and adjoining properties. Apparently there is some concern that contamination is further west than originally thought.

Councilman Ferguson moved to approve Resolution 2010-R-18, seconded by Councilman Weber. Mayor Lambird, Councilmen Foster, Brown, Weber and Ferguson voted yes. There were no opposing votes. The motion carried.

AGENDA #11 “PUBLIC COMMENTS/PRESENTATIONS”

11-A “Request: Use of City Park for Shriners Circus” Joe Hunt, representing the Center Shrine Club, requested the Council’s permission to conduct a circus at the Olney City Park on June 9, 2010. The Shriners have talked to the boys and girls ball leagues and they are in agreement to adjust their schedules. Free circus tickets will be given to all boys and girls in a baseball league. The Richland County Fair Board is also in agreement. The Shriners would also like to use the Community Building the night of the circus to serve dinner to the Shriners. Last year the circus was rained out. The Shriners guarantee the City Park grounds will be cleaned up after the circus.

Councilman Foster moved to approve the request for the Center Shrine Circus on June 9, 2010 at the Olney City Park, seconded by Councilman Ferguson. A unanimous voice vote was received.

11-B “Request: Handicap Parking E. Main Street” The Illinois Eastern Community College recently leased a building at 218 E. Main. As a part of their federal money requirements, they need a handicap parking space. Kathy Pampe, representing Illinois Eastern Community College, explained there is room behind their building for handicap parking, but there are four steps that have to be descended. Their front entrance is currently handicap accessible. There are eight parking spaces on the north side of Main Street near their building. She was not asking for any additional street or sidewalk modifications.

If the Council wishes to create a handicap parking space, Mr. Bukas recommended that the parking space farthest west, in front of 214 E. Main, be designated for handicap parking. This location does not have much of a curb, but there is really no handicap curb access. Mr. Bukas expressed concern with a handicap parking space on Main Street because of the high volume of traffic.

Councilman Foster moved to approve a handicap parking space in front of 214 E. Main, seconded by Councilman Ferguson. A unanimous voice vote was received. Ordinance 2010-07 will be prepared.

Harvey Biehl, 706 Watson, asked the Council if they have had a chance to look at the streets in his area. Several members of the Council had looked at this area. The Council was given a report that it would cost approximately $300,000 to improve the streets in that area with soil cement. Mr. Charleston also offered other suggestions to help drain some of the storm water from the street.

Councilman Ferguson commented the Council did get the report, but money will have to be found in the budget before this project can be considered. He agreed something needs to be done.

Mr. Biehl asked how long someone can keep nailing tarps to a roof instead of replacing the roof. Councilman Foster advised him to talk to the Code Enforcement Officer.

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

AGENDA #13 “REPORTS FROM CITY COUNCIL MEMBERS” Councilman Brown believed the Council needs to gauge the public’s interest in participation for extending water lines to the lake. He questioned if a letter would be the first step. Mr. Bukas agreed a letter would be a good place to start. Several alternatives have been discussed. Plans have been drawn up and approved to bore under East Fork Lake and also to extend water from the Route 130 water line to Vernor Lake. Tests have been conducted on the Route 130 water line and Mr. Charleston has this data available. No plans have been developed to extend a water line down Golf Lane.

Mr. Bukas believed the quickest and easiest way to get started is to do Verner Lake since a water line is accessible. EPA permits have been received for boring under East Fork and the Vernor Lake extension.

Councilman Brown would like to move this project along. He believes the City owes it to the residents to make a decision one way or another.

Councilman Weber asked if City crews could accomplish this project this year. Mr. Bukas said no because City crews are so far behind on general maintenance work. The soonest would be this fall, but there are no guarantees.

Mr. Bukas was concerned with the narrow width of the streets in Vernor Lake. He suggested contracting the water line work so the City does not have to assume the liability.

Councilman Foster stated there is so much work that needs to be done inside the city before taking on work outside the city, not to mention equipment that needs to be replaced.

Councilman Brown pointed out the idea of this project is to help boost revenue over a period of time, but it will depend on how many people are willing to participate.
Councilman Weber wanted to require properties that receive city services to annex if they ever became contiguous.

Councilman Weber moved to send the property owners at Vernor Lake a letter to see how many people would be interested in getting city water.

Councilman Foster asked if this letter will stipulate that they would have to annex if they became contiguous. Councilman Weber thought that would be a wise idea. He requested that this be added to his motion. Councilman Foster seconded the motion.

Councilman Ferguson asked if E J Water District could provide water service to Vernor Lake. Dundas/West Liberty Water District cannot serve any customer south of Deer Farm Lane.
A unanimous voice vote was received.

The minutes of the May 27, 2008 Council meeting stated the Richland County Recreation Council had applied for a Carrie Winter’s grant and had budgeted $50,000 for the Musgrove Park ball diamond. The City Treasurer indicated to Councilman Foster that the City received $18,000 from RCRC, but Councilman Foster questioned if the minutes were incorrect.

Councilman Ferguson stated the minutes were incorrect. RCRC never budgeted $50,000 for the ball park, but they did appropriate $18,000 for the project.

Councilman Ferguson received a couple of complaints on the shoulder of Whittle Avenue where the road narrows. There are several large drop offs where vehicle wheels have gone off the road. He believed there needs to be some work done on the shoulder.

AGENDA #14 “CLOSED SESSION: ACQUISITION OF REAL PROPERTY AND COMPENSATION OF SPECIFIC EMPLOYEES” Councilman Weber moved to adjourn to closed session for the purpose of discussing the acquisition of real property and compensation of specific employees, 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 8:35 p.m.

AGENDA #15 “RECONVENE OPEN SESSION” Upon the return of those who were in closed session to the Council Chambers, Councilman Foster moved to enter back into open session, seconded by Councilman Ferguson. A unanimous voice vote was received. Open session resumed at 9:43 p.m.

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

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

The meeting of the City Council adjourned at 9:44 p.m.


Belinda C. Henton
City Clerk