East Central Reporter

City of Olney City Council Met July 26.

Here is the minutes provided by the council:

AGENDA #1 “CALL TO ORDER” The 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. Mayor Lambird led the group in prayer.

AGENDA #3 “ROLL CALL” The following Council members were present: Greg Eyer, Morgan Fehrenbacher, Belinda Henton, John McLaughlin, and Mark Lambird. Also present were City Manager Allen Barker, City Treasurer Jane Guinn, City Attorney Bart Zuber, City Engineer Mike Bridges, and City Clerk Kelsie Sterchi.

AGENDA #4 “PRESENTATION OF CONSENT AGENDA”

4-A “Approve Minutes of Council Meeting on July 12, 2021”

4-B “Approve and Authorize Payment of Accounts Payable July 27, 2021” Pooled Cash $139,746.67, 44,796.71, Utility Refunds $1,144.07, OSLAD Grant-City Park $4,090.00, MFT $7,287.89, Unemployment $838.82, Tourism $2,500.00

4-C “Raffle License: Stop Woman Abuse Now, Inc.”

4-D “Approval: Payment Request for the Jasper & Lincoln Street 10” Waterline Replacement Project”

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

AGENDA #6 “CONSIDERATION OF CONSENT AGENDA” Councilman McLaughlin moved to approve the items on the consent agenda, seconded by Councilman Eyer. Councilmen Eyer, McLaughlin, Councilwomen Fehrenbacher, Henton, and Mayor Lambird voted yes. There were no opposing votes. The motion carried.

AGENDA #7 “CONSIDERATION OF ITEMS REMOVED FROM CONSENT AGENDA” No items were requested for removal from the consent agenda.

AGENDA #8 “PRESENTATION OF ORDINANCES, RESOLUTIONS, ETC.” 8-A “Request: Class S Liquor License for The Fireside at the Pig & Swig Event on August 28, 2021” The Council was provided with a Class S liquor license application from The Fireside to serve alcohol at the Richland County Farm Bureau’s Pig & Swig event in the Olney City Park on August 28, 2021.

Owner of The Fireside, Tosha Hancock, was going to be present, but was unable to attend at the last minute. Representing the Richland County Farm Bureau (RCFB) was Kenzie Zwilling who could speak on the request. Ms. Zwilling told the Council that the event would be a fundraiser that would include a BBQ cookoff and cornhole tournament. The RCFB was also hoping to have a beer tent available at the event with The Fireside managing the sale and consumption of alcohol. The consumption area would be enclosed with snow fencing, The Fireside would be checking for proper identification, and The Fireside would also band those of legal drinking age.

A few members of the audience were talking amongst each other and caused the Council difficulty in listening to Ms. Zwilling’s statements. Mayor Lambird asked the audience members to refrain from conversation while Ms. Zwilling was speaking.

Councilman McLaughlin moved to approve a Class S liquor license for The Fireside at the Pig & Swig Event on August 28, 2021, seconded by Councilwoman Fehrenbacher. Councilwomen Fehrenbacher, Henton, Councilmen McLaughlin, Eyer, and Mayor Lambird voted yes. There were no opposing votes. The motion carried.

8-B “Request: Class C Liquor License for Yongxin Enterprise, Inc., d.b.a. Midtown Café” The Council was provided with a copy of a Class C liquor license for Yongxin Enterprise, Inc., d.b.a. Midtown Café. The Council was also provided with a proposed menu for the café, and a proposed site plan.

Lekhraj Ahuja had been at the past few Council meetings regarding liquor licenses. He originally asked for a Class V (video gaming) license, which was not granted. The Council rather expressed interest in hearing a request for a Class A (tavern) or Class C (restaurant) liquor license. Mr. Ahuja then attended the June 28, 2021, Council meeting to request a Class C liquor license. The request failed due to lack of a majority as Councilwoman Fehrenbacher was not present at that meeting. Mayor Lambird advised Mr. Ahuja that he could come back to make the same request when the full Council was seated.

Jeremiah Ahuja and Paul Harden approached the podium. Mr. J. Ahuja told the Council the pandemic had been hard on some businesses, and many people were left without jobs. He also felt that locals were leaving Olney to go to restaurants in other towns for more variety. The primary goal of Midtown Café would be to serve food and have people spend money in town.

Mr. Harden was pleased that Midtown Café would offer more of a variety of food options. He added that truckers in the area seemed to be looking for more convenient places to eat and relax.

Mr. J. Ahuja said he had heard complaints from people that The Holiday did not offer a lot of variety. Midtown Café would also employ six to eight people.

Councilwoman Fehrenbacher had some concerns about the future of Midtown Café. She wondered if there was anything keeping the café from going from Indian food to serving snacks like nachos and hot dogs down the line and becoming more of a snack bar. Councilman

McLaughlin replied that there were no menu stipulations. Class C liquor license holders would just need to have a majority of revenue coming from the sale of food.

City Attorney Zuber clarified that there was a difference between “revenue” and “purchases.” The Code required that Class C license holders need to have a majority of purchases coming from the sale of prepared food. Any gaming revenue would not count towards purchase requirements.

Councilwoman Henton asked how many tables would be in the restaurant. Mr. L. Ahuja replied that between four and eight tables would be in the restaurant, and they might be able to increase the amount of tables from there.

Councilwoman Henton asked how the City could monitor food and liquor purchases. Mr. Zuber indicated that the Liquor Commissioner/Mayor could technically request an audit. Councilman McLaughlin pointed out that the Council had never required monitoring for any other Class C licensee.

Councilwoman Fehrenbacher was still concerned about the menu. Mr. Harden stated that if the Indian food was not working out for this customer base, they would consider altering the menu based on public interest.

Liquor licenses were renewed each year. If a Class C license was granted, Mr. Zuber advised that it would be quite arbitrary to not renew this license simply for not liking the menu. Councilwoman Fehrenbacher clarified that she was not opposed to granting a true restaurant license with food being prepared and served like other restaurants, but she would not be interested in granting the liquor license if it would be turning into a snack bar.

Mayor Lambird pointed out that the food to be served under a Class C license would need to be prepared food. No pre-packaged snacks would qualify.

Councilwoman Fehrenbacher asked the Ahujas and Mr. Harden if they understood that food would need to be cooked and served at the café. She wanted to make that fact very clear. The gentlemen stated they understood.

Councilman Eyer asked if there would be interest in operating the restaurant and bar without video gambling. Mr. Harden replied they would not be interested. The gaming revenue would be supplemental income.

Councilman McLaughlin reminded the Council that they had never asked such questions to any other Class C liquor license applicant before. Councilman Eyer pointed out that he had not been on the Council for any other such request. Now that he sat at the Council table, he admitted that he had different concerns than others. Councilman Eyer believed that about $500,000.00 was lost each month in Olney due to gambling, and that those losses typically came from those who could not really afford the loss.

Councilman McLaughlin felt that the gaming issue was a State issue. Councilman Eyer believed it was a moral issue. Regardless, Councilman McLaughlin informed that if liquor licenses were granted, then those establishments were automatically allowed to have gaming. Councilman Eyer understood, but pointed out that the Council did have control as to whether or not to grant liquor licenses. Ultimately, Councilman Eyer believed that Mr. L. Ahuja was wanting to have a gaming establishment, but “going in the back door” as a means to do so.

Councilman McLaughlin moved to approve a Class C liquor license for Yongxin Enterprise, Inc., d.b.a. Midtown Café, seconded by Mayor Lambird.

From the audience, Bryce Fehrenbacher asked if he could speak. Because motions were on the table, Mayor Lambird said the topic was closed to go for the vote. Councilman McLaughlin, Mayor Lambird, and Councilwoman Fehrenbacher voted yes. Councilwoman Henton and Councilman Eyer voted no. The motion carried.

8-C “Possible Ordinance: Amend Section 5.12.070 (Restriction on Number of Licenses Authorized) of the City of Olney Municipal Code” Because the Class C liquor license was granted for Midtown Café, an ordinance would need to be created to increase the number of Class C liquor licenses available.

Councilman McLaughlin moved to approve Ordinance 2021-18, seconded by Councilwoman Fehrenbacher. Councilman McLaughlin, Mayor Lambird, and Councilwoman Fehrenbacher voted yes. Councilman Eyer and Councilwoman Henton voted no. The motion carried.

8-D “Discussion/Possible Action: Bird Electric Scooter Rental” Joining the meeting via Zoom was Garrett Gronowski with Bird Electric Scooters. At the last Council meeting, Mr. Gronowski spoke to the Council about his proposal. Mayor Lambird recommended that Mr. Gronowski attend this evening’s meeting so that Councilwoman Fehrenbacher could be involved in the consideration.

Mr. Gronowski gave an overview of his explanation of the proposal from July 12, 2021. At that meeting, he had stated that the small fleet of scooters would total 25. At this evening’s meeting, Mr. Gronowski stated that the fleet would be between 30 and 50 scooters.

Councilwoman Fehrenbacher asked if the scooters would be allowed on each street and sidewalk. Mr. Gronowski replied that the Council could choose where to allow the scooters and where to prohibit them. Areas that were prohibited would be geofenced.

Councilwoman Henton was concerned that the local owner/point-of-contact may not receive as much business as anticipated. If that happened, the Councilwoman wondered what options the POC had. Mr. Gronowski informed the Council that the POC would not be making any upfront capital investments and instead would pay back Bird over time. The POC would earn 81% of the generated revenue. Mr. Gronowski expected that in a community of Olney’s size, the POC would earn about $50,000.00 or more per year.

Councilman Eyer asked about the POC selection process. Mr. Gronowski replied that the internal team had been interviewing the strongest candidates. Two individuals were still being considered in the final selections.

Councilman McLaughlin asked what Mr. Gronowski would need from the City in order to move forward. Mr. Gronowski replied that a memorandum of understanding would need to be executed. From there, the POC would go into two weeks of training. The City would see scooters in the community about three to four weeks after City approval.

Councilman Eyer asked if there would be a retrieval schedule for the scooters. Mr. Gronowski stated that scooters would be collected overnight and charged behind closed doors. If unhappy with how the POC was handling retrieval of scooters, Bird could be contacted and/or be reported through an app.

Councilwoman Fehrenbacher asked if there would be a central point where the scooters would need to be returned. Mr. Gronowski said there would be no required location to return the scooters. There would be about eight pre-determined parking spots, also called nest locations, that the Council could designate. Not all scooters would be returned to those spots. The POC would circulate three to four times per day to take the scooters back to the nests.

Councilman Eyer asked what other communities, similar in size to Olney, were using the Bird scooters. Mr. Gronowski replied that Rockford, Lincoln, and Galesburg had a Bird program. A few Council members felt that those towns were much larger than Olney, but Mayor Lambird indicated that Lincoln was of similar size.

Councilman Eyer asked why Olney was selected as a desired location for Bird compared to other locations up north. Mr. Gronowski said that certain criterion needed to be met, and the outreach team had determined that Olney would be suitable.

As this scooter rental would be a private business, Councilman Eyer wondered why City approval was even needed. Mr. Gronowski said that Bird did not wish to be in a community where they would not be wanted. Rather, they desired a partnership with the leaders of the community.

If the Council did not wish to have the scooters on busy roadways, Councilwoman Fehrenbacher wondered if that would deter people from being interested in using the scooters.

Councilman Eyer asked what would happen to a rider that wanted to cross over a geofenced area. Mr. Gronowski replied that the scooter would beep while crossing that area.

Councilman Eyer still believed that Olney seemed to be an unlikely market for the scooters, but trusted that Bird had done their due diligence. He agreed with Mayor Lambird in that the market could decide whether or not the venture would be a success.

Councilman Eyer then asked Mr. Zuber if he had any concerns about legal ramifications. Mr. Zuber said that he always had such concerns.

If the scooter venture was not proving to be a success after a few months, Mayor Lambird asked if the POC would be out any investment. Mr. Gronowski replied that the POC would not be out any money.

Mayor Lambird asked if Bird would then collect the scooters and the agreement would be over. Mr. Gronowski confirmed. If it was decided that the Council was no longer interested in the venture, or if Bird decided that Olney was not the right fit, such decisions could be made.

Most of the Council indicated that they would be in favor of moving forward with a memorandum of understanding. Action on the memorandum would be taken at an upcoming Council meeting.

8-E “Discussion/Possible Action: Discontinuation of Council Meetings Via Zoom Unless Under Special Circumstances” Mayor Lambird did not believe it was necessary at this time to continue to offer public attendance via Zoom. If circumstances change in the future where Zoom is needed, offering Zoom attendance could be reinstated.

Councilwoman Fehrenbacher moved to discontinue Council meetings via Zoom, unless under special circumstances, seconded by Councilman McLaughlin. Mayor Lambird, Councilmen Eyer, McLaughlin, Councilwomen Fehrenbacher, and Henton voted yes. There were no opposing votes. The motion carried.

8-F “Discussion/Possible Action: Request to Begin Solicitation of Bids for the Elliott Street Bridge Approach Roadway Improvements” Mr. Barker told the Council that he was requesting permission to authorize the solicitation of bids for the second phase of the Elliott Street Bridge Project which would include repairing and asphalting the bridge approaches, sidewalks and curbs.

In addition, Mr. Barker recommended for the Council to consider another option of also having the City Hall parking lot paved, overlaying Camp Avenue from Chestnut Street to Cherry Street, and adding asphalt overlay to the existing oil and chip areas in the north end of the City Park in conjunction with the OSLAD grant project.

Asphalt contractors are usually heavily booked with jobs, and it is typically more difficult and expensive to secure them for smaller projects. Mr. Barker believed it would be more advantageous for the City to combine these needed improvements in the bidding process. For the Council’s information, Mr. Barker stated that the City Hall parking lot was a budgeted item for the current year, oil and chip improvements at the City Park were part of the OSLAD grant, and the Camp Street overlay had been discussed for next year’s budget. The asphalt overlay versus oil and chip in the City Park would be an additional expense.

Councilman McLaughlin asked if bids could be accepted for some but not all of Mr. Barker’s suggested projects. Mr. Barker and Mr. Bridges indicated so. The City would reserve the right to reject any and all bids.

Councilman McLaughlin recalled that the Council had previously discussed not asphalting the road in the City Park because it did not make much sense to have that road be nicer than streets in peoples’ neighborhoods. Instead, the Council had opted to use oil and chip. Councilwoman Fehrenbacher said she still felt that way. She would not mind going out for bid to see what the pricing looked like, however. Councilman McLaughlin said he was in favor with the Camp Street overlay and the paving of the City Hall parking lot.

Councilman McLaughlin moved to approve solicitation of bids for the Elliott Street Bridge Approach Roadway Improvements, and other projects as presented by Mr. Barker, seconded by Councilwoman Fehrenbacher. Councilwomen Fehrenbacher, Henton, Councilmen McLaughlin, Eyer, and Mayor Lambird voted yes. There were no opposing votes. The motion carried.

8-G “Discussion/Possible Action: Request to Begin Solicitation of Bids for the Sewer Department UV Disinfection System” Mr. Barker told the Council that another project ready for bid would be the addition of the UV disinfection after tertiary filtration to meet the new fecal coliform effluent limit. Mr. Barker was seeking authorization to seek bids for this project.

Councilwoman Fehrenbacher moved to approve solicitation of bids for the Sewer Department UV Disinfection System, seconded by Councilwoman Henton. Councilwomen Henton, Fehrenbacher, Councilmen McLaughlin, Eyer, and Mayor Lambird voted yes. There were no opposing votes. The motion carried.

8-H “Discussion/Possible Action: Request to Begin Solicitation of Bids for the OSLAD City Park Restroom Project” The third project ready for bid was the restroom facility at the City Park, which was part of the OSLAD grant. Mr. Barker was seeking authorization to solicit bids for this project. The restroom facility would be constructed from the ground up, and would not be prefabricated.

Councilman McLaughlin asked if the restrooms would be similar to those at Musgrove Park. Mr. Barker confirmed.

Councilman McLaughlin explained that cameras and camera equipment were a part of the Musgrove Park restrooms. He asked if there would be room to install such a system at the new City Park restrooms. Mr. Bridges believed so.

Councilwoman Henton moved to approve solicitation of bids for the OSLAD City Park Restroom Project, seconded by Councilwoman Fehrenbacher. Councilmen McLaughlin, Eyer, Mayor Lambird, Councilwomen Fehrenbacher, and Henton voted yes. There were no opposing votes. The motion carried.

8-I “Resolution: Authorize Bank Account & Amend the Fiscal Year 2021/2022 Budget for the South Olney TIF District” The Council was provided with a proposed resolution that would authorize a new bank account for the South Olney TIF District. The proposed resolution would also amend the fiscal year 2021/2022 budget for the South Olney TIF District.

Mrs. Guinn told the Council that the City was in receipt of the first installment of tax levy money. Included was a check in the amount of $195.91 for the South Olney TIF District. A resolution has been prepared for Council approval that would authorize a new bank account for the TIF district, and would amend the current budget to reflect a line item for Special Tax Allocation in the amount of $450.00, and a line item for Interest Income in the amount of $10.00 in the South Olney TIF Fund.

Councilman McLaughlin moved to approve 2021-R-54, seconded by Councilwoman Fehrenbacher. Mayor Lambird, Councilmen Eyer, McLaughlin, Councilwomen Fehrenbacher, and Henton voted yes. There were no opposing votes. The motion carried.

AGENDA #9 “REPORTS FROM ELECTED AND APPOINTED OFFICIALS” 9-A “Status Report-City Manager” The Council was provided with information regarding the American Rescue Plan Act (ARPA) funding available to the City. Mrs. Guinn was in the application process to request the funds. The City would have until 2026 to complete selected projects. The Council had previously chosen to use the funds on the needed storm drainage work on Main Street.

Mayor Lambird commented that he would be interested in spending a few thousand dollars to install good audio and visual in the Council Chambers.

9-B “RCDC Report” Lauren McClain, RCDC Executive Director, said that she was watching several webinars in hopes to have as many ARPA funds come into Richland County as possible.

9-C “Chamber of Commerce Report” Councilwoman Fehrenbacher reported that the Chamber’s Golf Outing would take place on July 30th. Tickets for the upcoming Ladies Night event would also be going on sale in mid-August.

9-D “Parks & Recreation Board Report” There was no report.

9-E “Tourism Board Report” Councilwoman Henton would be attending the quarterly Tourism Board meeting on July 28th.

AGENDA #10 “PUBLIC COMMENTS/PRESENTATIONS” Bryce Fehrenbacher wished to speak with the Council. Mr. Fehrenbacher said that in 2012, only 7 businesses had video gaming available, and the number of machines was 32. Last year alone, 14 establishments had video gaming availability with 69 machines. In 2012, an amount of $781,000.00 had left the community from video gaming, and an amount of about $3,700,000.00 was now leaving the community from video gaming.

Mr. Fehrenbacher said that he was in favor of more restaurants and new kinds of businesses, but felt that the Council needed to decline availability of additional video gaming at some point.

Councilwoman Fehrenbacher felt that the only way to control video gaming would be to deny requests for almost each class of liquor license. Class B (package sales) licenses were the only ones that would not allow for video gaming. That would mean the Council never giving out any other liquor license, other than Class B, for fear of gaming machines.

Councilman McLaughlin clarified that he had never voted in favor of Class V (video gaming) liquor licenses. He was not in support of setting up a place for the sole purpose of gaming. He wished that the State would make changes that would not automatically allow for gaming licenses if an establishment held a liquor license. However, the Councilman stated that he would vote in favor every time for a true restaurant requesting a liquor license as part of their offerings.

Councilman Eyer was still suspicious that Midtown Café would be going more in a gaming direction than a restaurant. Councilwoman Fehrenbacher believed that it had been made very clear earlier in the evening that if the Council found that Midtown Café was not operating as a restaurant facility, then that would be the end of that liquor license. Councilwoman Henton agreed and stated that she would be in support of audits to make sure they were in compliance.

Mr. Fehrenbacher hoped that the Council would take his statements to heart. He felt that there was a right way and a wrong way for the City to gain revenue. Councilman McLaughlin clarified that his yes vote had nothing to do with additional revenue for the City. He voted in favor of the Class C liquor license request because he was for new business and felt that Mr. Ahuja had just as much of a right to open up a restaurant as anyone else.

AGENDA #11 “CLOSED SESSION: SALE OR LEASE PRICE OF REAL PROPERTY; ACQUISITION OF REAL PROPERTY; APPOINTMENT, EMPLOYMENT, COMPENSATION, AND PERFORMANCE OF SPECIFIC EMPLOYEES” No closed session was needed.

AGENDA #12 “RECONVENE OPEN SESSION” Since there was no closed session, this agenda item was not necessary.

AGENDA #13 “ADJOURN” Councilman McLaughlin moved to adjourn.

Councilwoman Fehrenbacher told the Council that before entering into any kind of development agreement, she wanted to see the actual agreement come back into the hands of the Council at a meeting for a final vote. She knew that sometimes development agreements were fully drafted for action at a meeting, and sometimes they were not. She felt that when it came to the City spending taxpayer money, then such agreements should be brought back to the Council for a final vote.

Councilman Eyer agreed. After the June 28, 2021, Council meeting, he was under the impression that the final ordinance and agreement would be presented to the Council again for action. After sleeping on the discussion of the development agreement, he had some different concerns the next morning. But he had been advised that the Council action that evening had been the final action.

Mr. Zuber indicated he had no issue with the request. For clarification, he asked the Council if the development agreement from June 28th had reflected the correct actions of the Council. The Council confirmed that the development agreement that had been created was in sufficient form.

Mrs. McClain asked if her clients should have drafted development agreements ready when making presentations to the Council. Councilwoman Fehrenbacher said that would not be necessary for initial presentations.

Councilman McLaughlin also had no issue with the request, but pointed out that Mr. Zuber’s memo had detailed the basis of the motion, and the Councilman had made three other suggestions from there.

Mayor Lambird had concern with certain timelines. He felt that sometimes the City dragged its feet on certain decisions for months at a time.

Councilwoman Fehrenbacher seconded the motion to adjourn. Councilwomen Fehrenbacher, Henton, Councilmen McLaughlin, Eyer, and Mayor Lambird voted yes. There were no opposing votes. The motion carried.

The meeting adjourned at 7:59 p.m.

https://www.ci.olney.il.us/cc%20July%2026%202021.pdf