CITY OF OLNEY
CITY COUNCIL MEETING
JULY 13, 2009


AGENDA #1 “CALL TO ORDER” The July 13, 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 Roger Charleston and City Clerk Belinda Henton.

AGENDA #4 “APPROVE MINUTES OF COUNCIL MEETING ON JUNE 22 AND SPECIAL COUNCIL MEETING ON JUNE 29, 2009” Councilman Foster moved to approve the minutes of the June 22, 2009 Council meeting and June 29, 2009 special Council meeting, seconded by Councilman Weber. Councilmen Foster, Brown, Weber, Ferguson and Mayor Lambird voted yes. There were no opposing votes. The motion carried.

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

5-A “Report: RCDC Executive Director” Brandi Stennett, Executive Director of the Richland County Development Corporation, reported that RCDC’s 2009/2010 fiscal year has begun. She has been making connections with their contributors. They are also setting goals and objectives. RCDC has completed their newsletter. Most of the newsletters will be sent electronically and Mrs. Stennett will hand deliver others to the public. Mrs. Stennett handed out copies to the Council. The City has budgeted money for RCDC in their 2009/2010 budget. Mrs. Stennett looks forward to working with the City in the coming year.

5-B “Request: Special Use Liquor License” The Olney Knights of Columbus Club has requested a Class S liquor license. They will be holding a benefit for the Richland County Recreation Council on September 26 from 4:30 p.m. until 10:30 p.m. The event will be held at the Knights of Columbus Hall as well as Eagleson’s sales lot.

Mike Doty, Grand Knight at the Knights of Columbus, explained to the Council they will be hosting a blues festival in the 500 block of S. Whittle Avenue. He requested closing the 500 block of S. Whittle from 3:30 p.m. until 11:30 p.m. on September 26. Arrangements have been made for several retired police officers to provide security. No city employees will be used. Everyone allowed in the restricted area will be required to be 21 years old and wear a wristband provided by the KC Hall. No glass will be permitted outside the building.

Mr. Bukas was not told Whittle Avenue would be closed. Neither the police nor fire departments have been notified of this request. Mr. Bukas suggested allowing them time to consider this revised request.

Mr. Doty advised that Eagleson’s, Blanks and the Knights of Columbus are all on board with this event.

Councilman Brown moved to approve the special use liquor license and close Whittle Avenue from the north side of North Avenue to the south side of Cherry Street from 3:30 p.m. until 11:30 p.m., seconded by Councilman Weber. Councilmen Brown, Weber, Ferguson, Mayor Lambird and Councilman Foster voted yes. There were no opposing votes. The motion carried.

5-C “Resolution: Change Retained Earnings” City Manager Bukas and City Treasurer Yockey recently met with the auditors from Kemper CPA Group and discussed the City’s retained earnings. There are line items in the balance sheets for retained earnings, but the City Council has not been setting aside funds for some of the specific projects. The Council was provided with a memo and balance sheets with recommended changes to the retained earnings. Mr. Yockey suggested cleaning up the balance sheets and remove some of the retained earnings.

Councilman Weber moved to approve the removal of the recommended retained earnings, seconded by Councilman Brown. Resolution 2009-R-46 will be prepared. Councilmen Weber, Ferguson, Mayor Lambird, Councilmen Foster and Brown voted yes. There were no opposing votes. The motion carried.


5-D “Ordinance: Full Time Salaries” Due to recent changes, Mr. Bukas deferred action on this matter until the next meeting.

5-E “Resolution: Side Track Agreement” The Council was provided with a revised Side Track Agreement and proposed resolution. The Side Track Agreement has been received from CSX for the 15 years that was requested by the Economic Development Administration. The information has been sent to the EDA both by email and by certified mail. At this time, no response has been received from EDA.

Mr. Taylor reviewed the changes in the agreement. Councilman Brown questioned if this agreement will obligate the City. Mr. Taylor indicated the City will not be obligated until money is sent.

Councilman Ferguson moved to approve Resolution 2009-R-47, seconded by Councilman Foster. Councilman Ferguson, Mayor Lambird, Councilmen Foster, Brown and Weber voted yes. There were no opposing votes. The motion carried.

5-F “Ordinance: Parking Agreement” The Council was provided with a proposed parking agreement and ordinance for a parking lot owned by Jim Haley on the corner of Morgan and Main. There have been problems with some youth hanging out in the parking lot and intimidating residents as they walk by. It was hoped the parking restrictions would alleviate future problems.

The proposed agreement will restrict parking from 8:00 p.m. until 6:00 a.m. daily.

In the past the Council has repealed several parking agreements, but those agreements were tied to prohibiting parking when not doing business at certain locations. Still in effect are parking ordinances similar to the proposed ordinance.

Wesley Tolliver, 314 E. Chestnut, explained problems with this corner have been taking place since school was dismissed for summer vacation. He has called the Police Department and been informed they have no way to control the crowd or noise on that corner due to a lack of ordinances authorizing enforcement. The Police Department suggested that Mr. Tolliver call members on the Council when disturbances occur. Mr. Tolliver does not know what kind of police force the City has if they cannot control this situation.

Councilman Weber suggested controlling the situation with a trespassing violation. Mr. Taylor explained the owner of the property would have to give notice that trespassing is not allowed. A complaint could be filed if a warning was given.

Councilman Brown asked Police Chief Chaplin if the proposed ordinance would give his department an instrument for enforcement. Chief Chaplin answered yes.

Mayor Lambird questioned if 8:00 p.m. was too early. Mr. Taylor replied this time was suggested by the Police Chief.

Councilman Weber expressed concern if this situation is handled at this location, every business owner will want a similar ordinance and the problem will just be moved to another location.

Mr. Taylor explained the Police Department has a problem when parking is prohibited unless conducting business at a specific location. It is difficult to determine if a person is doing business at one of the specific locations. The proposed ordinance prohibits parking for everyone between certain hours. Mr. Taylor did not know of a better solution to this parking problem.

Mayor Lambird questioned if a noise ordinance has been considered. Mr. Taylor commented a noise ordinance was possible. Currently, the City does not have a noise ordinance. Councilman Ferguson questioned if a noise ordinance would be determined by decibels. Mr. Taylor replied decibels could be used or certain standards would need to be determined based on different districts of town.

Brian O’Neill has had experience with these individuals causing problems. They have also caused problems in front of his house.

Mr. Tolliver was happy with the suggested hours. He emphasized the disturbances are happening seven days a week.

John Rohr commented there are also disturbances happening at the East Highland High School parking lot.

Councilman Brown moved to pass Ordinance 2009-14, seconded by Councilman Ferguson. Mayor Lambird, Councilmen Foster, Brown, Weber and Ferguson voted yes. There were no opposing votes. The motion carried.

5-G “Update: Status Report” Mr. Bukas reported a new Side Track Agreement with CXS was received on July 6. It has been sent to EDA for approval. Staff should hear from EDA tomorrow. The term of the new agreement is 15 years. Mr. Bukas reviewed the tentative time line for this project.

Councilman Ferguson believed the Council needs to discuss how this project will be financed. He questioned how long it takes to prepare bonds. Mr. Taylor commented there are several steps that need to be taken to proceed through the bond process. Councilman Ferguson pointed out this project has increased by 17% since it was first begun.

At one time the Council discussed funding this project through increased property taxes received from the Wal-Mart DC, but their assessment has been decreased and the City is receiving one-half of the original revenue. Mr. Yockey was asked to put together financing options for the Council to discuss and review. Councilman Ferguson would like to see funding in place by the end of August.

Mr. Taylor commented a couple of months ago the Council passed a resolution allowing the City to reimburse itself for costs expended on the East Industrial Park through issuing of bonds. This will allow expenses to be covered even if financing is not available when the project begins.

Mr. Bukas reported that June income tax receipts were 20% less than last year. This is the sixth month in a row that receipts have been lower than the same month last year.

The June use tax receipts for March collections were $1,762.61 lower than the same period last year. This is the fifth month in a row where the use tax has been lower than the same period last year.

The fence contractor has started installing footers for the backstop at Musgrove Park.

The Community Building improvements have been completed. The ceiling and floor still need work, but nothing is in the budget for these improvements.

The roof on the old pool building is in need of replacement. This is the building where the Christmas decorations are stored. The Christmas Light Display Committee is willing to purchase the shingles and have City employees provide the labor.

The Musgrove pool was recently inspected by the Illinois Department of Public Health. Everything was fine except the chlorine level needed to be raised. The chlorine flow was adjusted that day and is now in compliance. Borah Lake Beach was also inspected by Public Health. There were two violations. The first violation was the lack of a life ring with a 25' rope. The second violation was the beach regulation sign was missing. Life rings are replaced frequently and signs are being ordered. Mr. Bukas pointed out it is becoming costly to maintain the beach area. The Council may want to discuss the closing of the beach in the future.

Councilman Ferguson asked who is responsible for patrolling the Borah Lake Beach area. Chief Chaplin commented his department was responsible in addition to Lake Patrol.

Plans are prepared to bid a lift station and force main from the City Park to the Waste Water Treatment Plant, and IEPA has given the City authorization to bid the project. Bids will be opened on August 14. As a part of the stimulus package, the City has been informally told $1,050,000 will be received from IEPA as a loan, with $262,500 as a grant and the remaining $787,500 as a zero percent interest loan.

The final elbow joint has been installed in the Jefferson Street storm sewer project. The construction area has been graded and seeded, a fence reinstalled and the street has been repaired.

The Taylor Drive storm water repairs have been completed and are working well. Additional grass seed was planted because some of the original grass seed washed away.

A sink hole from a storm sewer was brought to the City’s attention near 1710 Linda Lane. A section of the plastic tile has been replaced. The dirt needs to be leveled and seeded.

There was a storm sewer wash out at 814 W. North during recent rains. There are plans to fix the situation. A resident complained that after the City put a new water line in two years ago, the drainage has been terrible in the 300 block of E. Porter. A new culvert was installed.

The storm sewer man hole near Monroe has been repaired. The collapsed storm sewer near Lafayette has also been repaired.

The rainfall for June was 5.65".

Mary Spillman, 316 N. Mill, thought she had a problem in her front yard with a collapsed storm sewer. The storm sewer was inspected, but is not a problem. The catch basin in the alley was cleared of debris, but during the last downpour, her area backed up and flooded a couple of yards. The sidewalk collapsed in the front yard of Mrs. Spillman’s house, but the city crews dug out the drain and the cause of the collapse was not the storm sewer. The sidewalk has been replaced.

The storm sewer manhole on the southeast corner of Butler and Ludlow had a pocket washed out. This problem has been repaired.

On the west side of Taylor Drive, where Mack Avenue right of way exists, there is a standing water problem at the edge of a farmer’s field. The City plans to cut a v-slope along the right of way to the existing ditch to solve the problem.

Plans are being made by a developer to construct Heather Lane in Northside Subdivision. There were no storm sewers planned on the original plan. Mr. Charleston is talking to the developer about directing the storm water.

A sink hole, which was caused by a storm sewer, was repaired in the middle of the street on W. York Street between Kitchell and Walnut.

The bridge abutments at the new bridge in the City Park are not long enough and the Park is having erosion problems on all four corners. Plans are being made to extend the wings out further.

Requests for Proposals for a storm water management plan have been sent out to 14 engineering firms. Proposals are due on July 16.

Patch repairs for the East Street overlay project will begin on July 16. Once patching is completed, grinding and milling will begin which will take approximately two weeks to complete. The project will be completed by the first of August.

Painting has begun on the oil derrick. The project should be completed by July 27.

A total of 14 building permits were issued in June 2009.

The state’s capital bill was signed and there was $300,000 appropriated for water line extensions for Olney. Money was also appropriated to the Illinois Department of Transportation’s budget for the widening of Route 130 under the CSX railroad.

Councilman Ferguson suggested investigating what it would take to install a RV hookup at Borah Lake and Kiwanis Park for a camp host to help patrol these areas. Mr. Bukas indicated the water at Kiwanis Park is not potable and there is no water available at Borah Lake.

5-H “Resolution: Vehicle Purchase” The Council was provided with a resolution authorizing the purchase of a staff car. Landmark of Taylorville has the state bid for Chevrolet Impalas. The state bid was $16,517. There is only one vehicle left and the dealership has discounted it to $16,495 plus a $275 transportation fee. Eagleson’s Auto Center has not responded if they can match this price. The current budget includes $20,000 for this purchase. Mr. Bukas recommended the purchase of this vehicle from Landmark of Taylorville.
Councilman Brown moved to approved Resolution 2009-R-48, seconded by Councilman Foster. Councilmen Foster, Brown, Weber, Ferguson and Mayor Lambird voted yes. There were no opposing votes. The motion carried.

5-I “Presentation: Boone/Morgan Street Storm Water Issues” Russell Hammond deferred his comments to John Rohr.

5-J “Presentation: Boone/Morgan Street Storm Water Issues” John Rohr asked the Council if they have come up with any solutions for the storm water issues in the Boone Street area since the last meeting.

Mayor Lambird pointed out Request for Proposals have been sent out and the Council will have a better idea of what proposals are available at the next meeting.

Councilman Ferguson emphasized the Council needs to look at everything possible for this area. He suggested purchasing vacant lots for water retention. He did not know if that was a feasible solution that would help the flooding, but Mr. Charleston could do the calculations. He believed it was imperative to continue to look at this situation.

Mr. Rohr commented the problems in their area have been caused by growth and they continue to escalate.

Mayor Lambird suggested starting at the City Park and put in double culverts. Mr. Charleston agreed opening up the water ways down stream would help the situation. He believed the ditch area between Fair Street and the railroad need to be inspected.

Residents have stated that when the City installed the culvert in the Boone/Fair area it made the flooding problem worse. Councilman Weber asked if the culvert should be taken out. Russell Hammond commented the culvert was installed because of erosion, but now it is causing flooding.

The Council discussed changes that could be made to the culvert and the potential impact on Richland County Housing.

Councilman Weber asked if there are any easements on the property west of Walnut Street to the City Park. Mr. Taylor answered no. Councilman Weber felt the City needs to start negotiations for an easement in that area.

Mr. Charleston did not believe small detention lots would have much impact on the flooding problems.

Brian O’Neill stated the flooding problems begin in the 800 block of E. Main. He then detailed the flow of water.

Concerning the storm water management plan, Mr. Bukas expects proposals on what they would do and a time frame. Mr. Bukas anticipates nine months to prepare a plan. A comprehensive plan is needed so not to cause problems in another area.

Mr. Hammond stated he expects the City to fix Mrs. Hugill’s basement wall if it fails.

AGENDA #6 “APPROVE AND AUTHORIZE PAYMENT OF ACCOUNTS PAYABLE JULY 14, 2009” Councilman Foster moved to approve and authorize payment of accounts payable for July 14, 2009 for Pooled Cash $101,824.70, Manual Checks for Pooled Cash $161,290.49 and Water Deposit Refunds $1,492.28 seconded by Councilman Weber. Councilmen Brown, Weber, Ferguson, Mayor Lambird and Councilman Foster voted yes. There were no opposing votes. The motion carried.

5-K “Presentation: Storm Water and Sanitary Sewer Issues” Mr. O’Neill presented pictures to the Council of flooding problems. He then detailed the flooding problems and their origin. He gave suggestions on how to fix the problems. He believed the best way to solve the problems is to make a drain system under the roads.

AGENDA #7 “EXECUTIVE SESSION: COLLECTIVE NEGOTIATING MATTERS” Councilman Foster moved to adjourn to executive session to discuss collective negotiating matters, seconded by Councilman Weber. 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 8:54 p.m.

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 10:01 p.m.

AGENDA #8 “POSSIBLE ACTION ON ITEMS DISCUSSED DURING EXECUTIVE SESSION”

8-A “Resolution: Approve Contract with FOP” Councilman Foster moved to accept the contract with FOP by approving Resolution 2009-R-49, seconded by Councilman Weber. Mayor Lambird, Councilmen Foster, Brown, Weber and Ferguson voted yes. There were no opposing votes. The motion carried.

AGENDA #9 “REPORT: ELECTED AND APPOINTED OFFICIALS” At the last meeting the Council approved the purchase of a utility vehicle through the state bid. Mr. Yockey reported a local dealer has a comparable model for a better price. Complete specifications will be received and the Council can discuss the matter at the next meeting.

A citizen complained to Councilman Weber that he reported a collapsed culvert to City Hall and was told the City was too busy to get to the culvert now. Councilman Weber asked how busy the City was and asked if a time frame could be given. Mr. Bukas would like to know who told the citizen this information. Mr. Bukas commented there is a back log in the Street Department. He did not know what time frame, but probably by the end of summer.

Councilman Ferguson reported a pothole in the alley behind Whittle Avenue between Market and Chestnut.

Mayor Lambird has been approached by a citizen concerning the weed ordinance. He asked why a 12" height is used. He also asked about the annual clean up the City conducts. He was told it takes a good two weeks to accomplish. Mayor Lambird also noted the rough shape the Senior Citizen Park is in.

9-A “Appointments” Mayor Lambird recommended the appointment of Brad Yockey to a four-year term as Treasurer.

Councilman Weber moved to appoint Brad Yockey at Treasurer, seconded by Councilman Foster. A unanimous voice vote was received.

Mayor Lambird recommended the appointment of Belinda Henton to a four-year term as City Clerk.

Councilman Foster moved to appoint Belinda Henton as City Clerk, seconded by Councilman Ferguson. A unanimous voice vote was received.

Mayor Lambird recommended the appointment of Brant Patterson to replace Julie Hearing on the Board of Fire and Police Commissioners. Mr. Patterson is a veteran and currently works for the Illinois Department of Transportation.

Councilman Foster moved to appoint Brant Patterson to the Board of Fire and Police Commissioners. The motion died due to a lack of a second.

AGENDA #10 “CITY MANAGER” Mr. Bukas reported that Mike Mitchell was chosen best City employee, Norm Bissey as best firefighter and Rob Brown as best police officer through the Olney Daily Mail’s annual contest. The City received several other awards for favorite places.

AGENDA #11 “ADJOURN” Councilman Brown moved to adjourn, seconded by Councilman Foster. A unanimous voice vote was received.

The meeting of the City Council adjourned at 10:11 p.m.



Belinda C. Henton
City Clerk