City of Olney City Council met Aug. 10.
Here is the minutes provided by the council:
AGENDA #1 “CALL TO ORDER” The August 10, 2020, meeting of the Olney City Council was called to order at 7:00 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. Tim Loomis led the group in prayer.
AGENDA #3 “ROLL CALL” The following Council members were present: Mark Lambird, John McLaughlin, Belinda Henton, Morgan Fehrenbacher, and Greg Eyer. Also present were City Manager Allen Barker, City Treasurer Jane Guinn, City Clerk Kelsie Sterchi, and City Engineer Mike Bridges.
AGENDA #4 “PRESENTATION OF CONSENT AGENDA”
4-A “Approve Minutes of Council Meeting on July 27, 2020”
4-B “Approve and Authorize Payment of Accounts Payable August 11, 2020” Pooled Cash $90,478.31, Manual Pooled Cash $712,598.74, Petty Cash $211.50, Unclaimed Funds $323.97, Foreign Fire $67.96, Cemetery Perpetual Care $7,000.00, MFT $18,801.66, IMRF $30,618.08, Liability Insurance $2,500.00, Tourism $3,300.00
4-C “Appointments: Natalie Shryock to the Tree Board & David Abell to the Library Board”
AGENDA #5 “REMOVAL OF ITEMS FROM CONSENT AGENDA” No items were requested for removal from the consent agenda.
AGENDA #6 “CONSIDERATION OF CONSENT AGENDA” Councilwoman Fehrenbacher moved to approve the items on the consent agenda, seconded by Councilman McLaughlin. A majority affirmative voice vote was received to approve the items on the consent agenda.
AGENDA #7 “CONSIDERATION OF ITEMS REMOVED FROM CONSENT AGENDA” No consideration was necessary since no items were removed from the consent agenda.
AGENDA #8 “PRESENTATION OF ORDINANCES, RESOLUTIONS, ETC.”
8-A “Discussion/Possible Ordinance: Amend Section 12.16.080 (Steering and Sailing Rules) of the City of Olney Municipal Code” The Council was provided with a proposed ordinance that would amend Section 12.16.080 (Steering and Sailing) of the City of Olney Municipal Code.
Mr. Barker reminded the Council that at the last meeting, the Council had heard a request from Travis Sharp requesting a Code amendment to allow for personal watercraft (e.g. jet skis) to tow water skiers and tubers. At that time, the Council seemed interested in such a Code amendment, but requested that Lake Patrol be present at this meeting to help answer questions.
Park Department Supervisor Frank Bradley was also present to help answer questions.
Councilwoman Fehrenbacher wondered if Lake Patrol had been asked their opinion on the request. Mr. Bradley responded that he had spoken with Lake Patrol Officer Martin Dunn.
Mr. Dunn expressed opposition to the request. The State of Illinois did allow for certain kinds of jet skis with spotters to tow tubers and skiers, however.
Councilwoman Fehrenbacher stated that a few people that lived on the lake that also owned jet skis had told her they would not be in favor of the request.
Mr. Bradley told the Council that he was also not in favor of the request as he felt it was a safety issue in regards to having an appropriate spotter. Councilwoman Fehrenbacher agreed that many jet skis would not have an appropriate spotter.
Lake Patrol Officer Martin Dunn was on his way to this evening’s meeting. The Council wished to table this topic until Mr. Dunn arrived.
8-B “Discussion/Possible Action: Regulations for Food Trucks” The Council was provided with a copy of a proposed ordinance that was given to the Council in 2018 that would authorize food trucks and food trailers on public property.
Mayor Lambird reminded the Council that at the last meeting, the Council had also discussed possible regulations and/or permitting of food trucks. At that time, the Council requested more time to review the proposed ordinance in order to make additional recommendations and to research the issue further.
Councilman McLaughlin had researched the food truck ordinances in Vincennes and Effingham. He was shocked by how different they were as both towns were similar in size.
Vincennes’ ordinance was two and a half pages long while Effingham’s was 17 pages long. He noted that both towns allowed for food trucks on private commercial property. They also both allowed food trucks on public property with the permission of the municipality. Some stipulations were also included on how far away food trucks must be from certain areas such as other food establishments, curbs, and fire hydrants.
Councilman McLaughlin asked those present what their specific issues were with food trucks coming to Olney.
Michelle Brooks, owner of HV’s Food & Spirits, indicated that she wished for more fairness between food trucks and brick and mortar establishments. She did not believe it was fair for a food truck to just pull in and take away restaurant business, especially when brick and mortar establishments were drawing in sales tax and paying for health inspections and property tax. Unsure of a total solution, Mrs. Brooks offered that food trucks could be required to pay a $100.00 permit fee per day. From there, funds raised could go into a fund to help alleviate Olney restaurants’ fees for health inspections.
Councilman McLaughlin pointed out that Effingham charged a $100.00 food truck permit fee per year or a $40.00 fee for a 48-hour permit. Some members of the Council felt that such fees were appropriate while others felt that the fees were too low.
Councilman Eyer noted that the topic was sensitive because of free enterprise in the economy. He could see value in both kinds of businesses. Councilman McLaughlin somewhat agreed, but felt it would be helpful to have reasonable rules with a fee and application process. The Councilman also offered that perhaps there could be a different fee structure for Richland County food trucks versus out of county food trucks.
Mayor Lambird felt that if permit fees were too high, there would not be food trucks.
From the audience, Julie Hill from Ginger Ale’s stated that Effingham, Vincennes, and
Champaign were all getting ready to increase their permit fees for food trucks. Also representing Ginger Ale’s, Mike Hill noted that many restaurants had private commercial property right next door. He requested that the Council include an appropriate distance that food trucks would need to stay away from brick and mortar restaurants.
Councilman McLaughlin did not believe it would be right to limit access to private commercial property. Councilwoman Fehrenbacher agreed, but did not see any other way of protecting restaurants other than instituting guidelines for how far or near food trucks could be to an existing restaurant. Even so, Councilman McLaughlin pointed out that there was no such protection to keep someone from building a restaurant next door to another existing restaurant.
Mr. and Mrs. Hill stated that they would also like to see permitting to ensure that food trucks were inspected by a health department and were paying appropriate sales tax. They clarified that a passed inspection from a health department would not necessarily need to be supplied by the Wabash County Health Department, especially if the food trucks were from outside of Richland County.
Councilman Eyer suggested a permit fee of $50.00 per event and/or per 48 hours and $150.00 for an annual permit. Some members of the Council felt that Councilman Eyer’s proposal was either too high or too low. Mr. Hill felt that any decent and established food truck should have no problem paying $400.00 per year.
Overall, the Council agreed that for the time being, food trucks should only be allowed on private commercial property. They also felt that applications should be made at least 14 days in advance of the intended date for the beginning of food sales.
Councilman Eyer then suggested a permit fee of $50.00 per event and/or 48 hours and $250.00 for an annual permit. The Council was mostly in agreement.
The Council then discussed whether or not Paragraph C under Section IV should be removed. The paragraph stated that no food trucks would be allowed within 500 feet of the nearest property line of any City recreational facility without written permission. After some discussion, the Council decided to leave this provision as-is.
Under Section VI, the Council wished to strike the last paragraph that set a time limit for vending
https://www.ci.olney.il.us/cc%20Aug%2010%202020%20(1).pdf
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