East Central Reporter

City of Olney City Council met Aug. 8.

Here are the minutes provided by the council:

AGENDA #1 “CALL TO ORDER” The August 8, 2022, meeting of the Olney City Council was called to order at 6:00 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. Steve Wingert led the group in prayer.

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

AGENDA #4 “PRESENTATION OF CONSENT AGENDA”

4-A “Approve Minutes of the Council Meeting on July 25, 2022”

4-B “Approve and Authorize Payment of Accounts Payable August 9, 2022” Pooled Cash $191,616.62, Manual Pooled Cash $119,416.65, Petty Cash $112.07, Adjustments $54.77, MFT $32,127.34, IMRF $26,649.23, Tourism $47.11

4-C “Approval: Payment Request for the Silver Street Reconstruction Project” 4-D “Approval: Payment Request for the City Park Restroom Facility”

4-E “Approval: Payment Request for the City Hall Parking Lot Resurfacing”

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 Councilwoman Fehrenbacher. A majority affirmative voice vote was received.

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

AGENDA #8 “PRESENTATION OF ORDINANCES, RESOLUTIONS, ETC.”

8-A “Discussion/Possible Action: Allowance of Additional Boat docks to be Placed on Municipally-Owned Real Estate Leased by Lakeside RV Park of Olney, LLC.” The Council was provided with a copy of the lease agreement with Lakeside RV Park of Olney, LLC., and a proposal and schematic from Gerry and Jeanne Geltz, Lakeside RV.

Mr. Geltz approached the Council and told them that he was wanting to increase the amount of boat slips available for Lakeside RV. Lakeside RV’s current lease with the City set a limitation of no more than seven piers and a walkway at the property.

Mr. Geltz continued to explain that the existing boat slips were usually full which left his campers with nowhere to park their boats. He was making some improvements to the campground, and felt that the additional slips would be prudent.

The current lease with Lakeside RV charged $1,000.00 each year for the allowable 7 piers. Councilman Eyer asked if the fee should be increased if additional slips were allowed.

Councilwoman Fehrenbacher expressed concern with the current location of the dock. She was concerned with adding more slips in that area which was the biggest and busiest part of East Fork Lake. Mr. Geltz felt that the docks had very adequate anchoring and should receive the same with any expansion.

Councilwoman Fehrenbacher asked Mr. Geltz if he would be renting the slips. Mr. Geltz replied that he had entertained the thought of renting, but only to campground residents.

Councilwoman Fehrenbacher asked if the slips were currently first come, first served. Mr. Geltz indicated that four slips were being rented out at the moment and that use of the space in the others had not been entirely enforced.

The Councilwoman then asked how Mr. Geltz handled rental of the slips. Mr. Geltz stated that campground residents were charged $500.00 per year for slip rental.

Councilman Eyer asked if Mr. Geltz would rent out all available space for the boats in order to recoup cost on expansion. Mr. Geltz anticipated so.

Councilwoman Fehrenbacher asked Mr. Geltz how he oversaw and enforced use of the slips. Mr. Geltz replied that he just “kept an eye” on the docks. All current enforcement was visual.

Jeanne Geltz then approached the Council. Mrs. Geltz reiterated the need for expansion and felt that the area was safe. The area near the current dock was behind a No Wake Zone, and the Geltzes had not seen any damage done to their dock.

Councilman McLaughlin moved to approve an additional six boat slip expansion of Lakeside RV’s dock with no increase in fee to the City for a period of 20 years.

Councilman Eyer and Councilwoman Fehrenbacher were not comfortable with a 20-year lease because of the amount of changes that could take place in that time frame. Councilman McLaughlin felt that the lease agreement could be a rolling 5-year lease with a maximum term of 20 years.

Mr. Geltz felt that he could settle for a 10-year lease instead of his proposal of 20 years.

Councilwoman Henton offered that the lease agreement could be changed to increase the City’s annual lease fee to $1,700.00 due to expansion. Councilwoman Fehrenbacher agreed that the fee should be increased if there was any expansion.

Councilman McLaughlin’s motion died due to lack of a second.

Councilman Eyer suggested that the City’s annual lease fee could be increased to $1,500.00 with a 5-year lease. Mr. Geltz was not sure if he would be comfortable with those terms.

Mayor Lambird asked Mr. Geltz how soon he needed an answer on the proposal. Mr. Geltz replied that there was no urgency.

The Mayor then asked Mr. Geltz if he would be agreeable to a 5-year lease with an annual lease fee of $1,800.00. Mr. Geltz replied that he would need to think about that proposal.

This topic will likely be re-visited at a future Council meeting.

8-B “Discussion/Possible Ordinance: Amend Chapter 5.48 (Food Truck Vendors) of the City of Olney Municipal Code” The Council was provided with a proposed ordinance that would amend Chapter 5.48 (Food Truck Vendors) of the City of Olney Municipal Code. The Council was also provided with a listing of suggested food truck ordinance changes as submitted by Tynan and Lyttia O’Neil, owners of HERBOS and a copy of the current Chapter 5.48 (Food Truck Vendors) of the City of Olney Municipal Code.

At the last Council meeting, the Council discussed changes to the food truck ordinance that would essentially include all types of mobile vendors of food and/or drink. The proposed ordinance would include all types of mobile units and remove the prohibition of external generator use.

Mr. and Mrs. O’Neil approached the Council and stated that they owned TerraSage, LLC. The LLC. included TerraSage Salon and HERBOS Family Fun Center. HERBOS also owned a shaved ice trolley. The original intention was to keep the trolley on their own property, but the O’Neils had received many requests to vend off-site.

Councilman McLaughlin moved to approve the changes reflected in Ordinance 2022-23, seconded by Councilwoman Henton. A majority affirmative voice vote was received.

Referencing the list of additional changes proposed for the food truck ordinance, Mr. O’Neil asked to remove the prohibition on the selling of merchandise. While he understood that the City would want some stipulations, he was requesting some sort of allowance to sell branded merchandise or re-usable serve ware.

Councilman Eyer was agreeable to allow for the sale of comparable items, but did not wish to remove the provision altogether. Mr. O’Neil suggested that perhaps merchandise could be sold if 70% of total sales were from food or drink.

Overall, most of the Council felt that they would be in favor of allowing the sale of branded merchandise and food/drink-related items.

Mr. O’Neil then said that he wished to see changes to the limitations of non-attached signage. The current ordinance only allowed for 1, A-frame sign that could be within 10-feet of the mobile unit and that would be limited to 6 square feet per side with 2 sides permitted. Mr. O’Neil was currently using feather flags to help advertise the trolley, and he hoped to see a change that would allow mobile units to have the same type of signage as brick and mortar businesses.

Again, Councilman Eyer was not in favor of completely removing the sign regulations. Councilman McLaughlin would not mind seeing the provision removed in the food truck ordinance since they would still need to comply with commercial sign ordinances like brick and mortar restaurants.

Councilwoman Fehrenbacher countered that mobile food units were not brick and mortar restaurants. Councilman McLaughlin felt that did not matter. Councilwoman Fehrenbacher stated that it did matter to her.

Either way, Councilwoman Henton felt that the sign ordinances were not enforced, so it likely did not matter.

Mayor Lambird felt that some locations would be a better fit for additional signage than others.

Mr. Zuber offered that signage could be approved in advance by the Code Enforcement Officer. Councilwoman Henton felt that would be pointless.

Mr. O’Neil understood that signs should not impede traffic or obstruct views. He suggested that if signage was a problem, then the Police Department could simply ask for the signs to be moved.

The Council then briefly discussed sign regulations for commercial property. Councilwoman Henton really felt that the sign ordinance should be reviewed and edited. Councilman Eyer agreed.

Most of the Council felt that having mobile units comply with commercial sign ordinances should be sufficient.

Mr. O’Neil then requested that the Council consider deleting Section 5.48.030 (Vehicle appearance and maintenance.). He felt that this section removed the flexibility needed by mobile units and seemed overly specific.

Councilman Eyer felt that the mobile units should be kept in good mechanical and structural condition. Councilwoman Fehrenbacher agreed.

Most of the Council felt that the last two sentences of Section 5.48.030 (Vehicle appearance and maintenance.) could be deleted.

Mr. O’Neil then requested that the Council eliminate the need to obtain a food truck license for operation on private property.

Mr. O’Neil told the Council that regardless, property taxes for the private property being vended on were being paid to the City. Additionally, in some cases, the mobile units may also be paying rent to the private property owner.

Councilman McLaughlin had spoken with other area food trucks and was made aware that Olney was one of the only towns that required a food truck license to vend on private property. The only requirement for other food trucks to vend was a valid health permit. Licenses only seemed needed if vending on public property.

Mrs. Sterchi recalled that a food truck ordinance came about because some brick and mortar restaurants had various issues with food trucks coming into town and vending. One of the issues was the ability to vend on public property, and another issue was wanting licensing for private property to ensure that appropriate measures were being taken to makes sales in Olney.

Councilman McLaughlin felt that it was difficult for mobile units to get up and running in Olney. He felt that the City’s goal should be to encourage mobile units to eventually expand into brick and mortar restaurants.

Mr. O’Neil added that the current ordinance wording would still require him to have a food truck vendor license even if he just had the mobile unit on property he owned. He did not believe that was right. Councilman Eyer agreed that needing licensure to operate on their own property should not be needed.

Additionally, Mr. O’Neil felt that allowing mobile units on public property could potentially attract customers to other businesses. He was interested in bringing activity downtown.

Mr. O’Neil continued by telling the Council that his shaved ice trolley was a nice addition to private parties such as a balloon artist, or bounce house would be for such events. He felt that the current ordinance made it too complicated to do so.

Another issue that Mr. O’Neil had was that the current ordinance only allowed vending on private, commercial property. He wished for vending to be allowed on public property and any type of private property.

Councilman Eyer felt that some regulations were necessary so the City could have some sort of exposure on what was going on within the community. Councilman McLaughlin disagreed and felt the regulations micromanaged too much. Councilwoman Henton was agreeable to only require licensure for public property and to have all other mobile vending require a health inspection.

For the most part, the Council seemed agreeable to allow vending on any type of private property without licensure as long as proof of a valid health permit was provided.

Mr. O’Neil moved on to his next point which was a request for the required health inspection to have reciprocity with other Illinois health department inspections. Councilman McLaughlin believed that would need to be discussed with the Wabash County Health Department. At this time, the Wabash County Health Department was contracted to handle health inspections for businesses in the City of Olney. Mr. Zuber agreed and added that if the Wabash County Health Department was not agreeable to the reciprocity for mobile units, then the requirement for a health inspection permit as part of this food truck licensure should not be overridden.

Mayor Lambird noted that no one from Olney was elected to serve on the Wabash County Health Department Board, so he did not feel that they should be able to dictate what should be done in Olney. Additionally, Mayor Lambird noted that all health departments were utilizing the same Illinois laws for inspections. Because of this, he did not see how the request for reciprocity should be a problem.

The Council wished for the City Manager to get in touch with the Wabash County Health Department on this issue.

Mr. O’Neil then requested that the Council allow for vending on public property and public rights-of-way. These vending locations should require licensure.

Mr. O’Neil understood that the concession stand at Musgrove Park could be hurt with the infiltration of food trucks. He suggested that food trucks could be prohibited when the concession stand was open for business. Mr. O’Neil believed that having food trucks available when the concession stand was not open was a service to the community.

Councilwoman Henton suggested that they could apply to sell on public property like the Farmer’s Market. Mr. Zuber felt it would be difficult for the mobile units to be able to apply in advance. Mr. O’Neil also wished to eliminate the requirement to document where in the City a mobile unit planned to operate.

Councilman McLaughlin was in favor of allowing vending on public property. He heard frequent requests for food to be available at the boat launches.

Mr. O’Neil told the Council that as it stood, the only time a mobile unit could vend on public property would be if they were part of an approved Special Event Permit. HERBOS had been requested to vend recently at a family reunion and a birthday party that were held on City property. He was aware that Mrs. Sterchi had to rush in order to try and get the paperwork approved in time for the events. He felt that if a group was already allowed to be on public property for their event, then they should be allowed to have a licensed mobile unit attend if they desired.

Councilman McLaughlin noted that his only hesitation was having mobile units set up downtown in front of brick and mortar restaurants. He knew that restaurants were struggling right now and did not need the competition. He suggested that the mobile units be permitted in City parks or recreational spaces only.

Mr. O’Neil stated that he would be agreeable to set up away from restaurants. He suggested that mobile units could be permitted to set up about 50-feet away from a restaurant unless the mobile unit had permission from the restaurant to be closer. Mr. O’Neil reiterated his desire to network with area businesses in order to work together. Having mobile units limited to City parks or recreation areas would not allow for such networking.

The Council then moved on to discuss HERBOS’ request to eliminate the background check requirement for owners and managers. Most of the Council seemed agreeable to eliminate this requirement.

Mr. O’Neil then told the Council that he wanted to change the five-year prohibition on re applying for a license after revocation to one year or less. Until doing his research, Mr. O’Neil was unaware that use of their generator or feather flag would have put them in violation and subject to revocation. He felt that a five-year prohibition was too long. The Council seemed agreeable to this request.

Mr. O’Neil again requested removing the requirement for a Special Event Permit to be in place for a food truck to attend a function on public property.

Mrs. Sterchi asked how the Council would like to handle outside attendance by mobile units at Special Events. For example, vendors paid a fee to attend the OAC Fall Festival and this was a source of income for that not-for-profit organization. She was curious if there would be regulation to restrict mobile units from areas during Special Events. Mr. O’Neil suggested that mobile units could be set up 50-feet from a park boundary during a Special Event unless permission was given from the event hosts. The Council seemed agreeable.

Mr. O’Neil had also requested that the City not require being listed as Additional Insured on liability insurance policies. Mrs. Sterchi clarified that food truck vendor licenses only required the City to be listed as Certificate Holder on the certificate of insurance. This would mean that the City would automatically be notified of any changes or cancellations to the policy. The requirement to be listed as Additional Insured was in relation to Special Event Permits since those were held on public property.

Mr. O’Neil told the Council that in order to attend the family reunion and birthday party on City property, a Special Event Permit had been granted by the City. The event holders did not want to provide the insurance, so HERBOS did. Mr. O’Neil stated that adding the City as Additional Insured required a rider in the amount of $75.00.

Mr. Zuber pointed out that the insurance fee plus the food truck vendor license fee would only total $100.00 for the calendar year. He and Councilwoman Henton were surprised that there would be cost on naming an Additional Insured.

The Council seemed agreeable to allow for licensed vending on public property. Mobile units should not set up closer than 100-feet to a restaurant during that restaurant’s business hours unless the restaurant was closed for some reason. Mr. O’Neil hoped that could be changed if the nearby restaurant was agreeable.

Next, Mr. O’Neil requested that the Council allow for him to flat-tow his shaved ice trolley. He did not feel comfortable having the trolley drive on its own with its electric motor. He told the Council that the State would not classify the trolley as a trailer either. Additionally, the State did not classify the trolley as a vehicle, so it could not be registered. Mr. O’Neil wished to hook up the trolley by hitch with lights in order to tow around town.

Mr. Zuber told Mr. O’Neil that the City could not grant that permission because it was a State law.

Councilman Eyer asked Mr. O’Neil if he would put the trolley on a trailer in order to haul it around. Mr. O’Neil indicated so, but pointed out that the jostling would cause problems with the water tank, grease trap, etc. Mrs. O’Neill also pointed out that she and some other staff could not load the trolley onto a trailer by themselves.

Lastly, Mr. O’Neil requested that the City allow use of amplification systems to play music at a distance audible within 200-feet when the vehicle was in motion. This would be similar to the amplification of an ice cream truck. Councilwoman Fehrenbacher agreed that music should not be playing when a mobile unit was stationary.

The Council also seemed agreeable to this request.

The City Attorney and City Clerk would work on additional ordinance updates to be presented at a future Council meeting.

8-C “Ordinance: Rezone 200 W. Elm Street from R-3 (Two-Family Residence District) to R 4 (Multiple Dwelling District” The Council was provided with a proposed ordinance that would rezone 200 W. Elm Street from R-3 (Two-Family Residence District) to R-4 (Multiple Dwelling District). The Council was also provided with a copy of the draft minutes from the August 1, 2022, Plan Commission meeting.

Mr. Barker told the Council that the Plan Commission had unanimously approved recommendation of this rezoning. The purpose of the rezoning would be so that North Arrow Partners, LLC., could develop townhomes.

Councilwoman Henton moved to approve Ordinance 2022-24, seconded by Councilman McLaughlin. A majority affirmative voice vote was received.

Councilman McLaughlin asked if the townhome project was officially moving forward. Mayor Lambird believed the project was moving along, but a few other steps needed to be taken before construction.

8-D “Resolution: Accept Quote for a Pump for the W. North Lift Station & Waive Formal Bidding Procedures” The Council was provided with a proposed resolution that would accept a quote for a pump for the W. North Lift Station and waive formal bidding procedures. The Council was also provided with a copy of the quote from Straeffer Pump & Supply, Inc., of Chandler, Indiana, in the amount of $15,510.77.

Mr. Barker told the Council that the W. North Lift Station was in need of a pump replacement. As usual, Straeffer Pump & Supply performed such work for the City due to their knowledge of the City’s needs and the niche market for this service. No budget amendments would be necessary.

Councilwoman Henton moved to approve 2022-R-65, seconded by Councilwoman Fehrenbacher. A majority affirmative voice vote was received.

AGENDA #9 “REPORTS FROM ELECTED AND APPOINTED OFFICIALS”

9-A “Status Report-City Manager” Mr. Barker told the Council that the recent storms had put some projects on pause.

9-B “RCDC Report” There was no report.

9-B “Chamber of Commerce Report” There was no report.

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

9-E “Tourism Board Report” Councilwoman Henton told the Council that the Fall edition of the Tourism Times was available, and that the groundbreaking for the Pickleball Court Complex would take place on August 10, 2022, at 6:30 p.m.

AGENDA #10 “PUBLIC COMMENTS/PRESENTATIONS”

No one from the public wished to speak.

AGENDA #11 “CLOSED SESSION: SALE OR LEASE PRICE OF REAL PROPERTY; ACQUISITION OF REAL PROPERTY; AND APPOINTMENT, EMPLOYMENT, COMPENSATION, AND PERFORMANCE OF SPECIFIC EMPLOYEES”

Councilman McLaughlin moved to adjourn to closed session to discuss the sale or lease price of real property; acquisition of real property; and appointment, employment, compensation, and performance of specific employees, seconded by Councilwoman Henton. A majority affirmative voice vote was received.

The meeting adjourned to closed session at 7:20 p.m.

AGENDA #12 “RECONVENE OPEN SESSION”

Councilwoman Henton moved to enter back into open session, seconded by Councilwoman Fehrenbacher. A majority affirmative voice vote was received. Open session resumed at 7:28 p.m.

Mr. Barker told the Council that the Rotary Clubs wanted the City to pour a concrete pad at Rotary Park and upgrade the electrical service. The Rotary Clubs were willing to pay for half of the upgraded electrical service and all of the concrete work.

The Council was agreeable to this request.

12-A “Ordinance: Amend Section 2.56.070 (Leaves of Absence) of the City of Olney Municipal Code” The Council was provided with a proposed ordinance that would amend Section 2.56.070 (Leaves of Absence) of the City of Olney Municipal Code.

Councilman McLaughlin moved to approve Ordinance 2022-25, seconded by Councilwoman Henton. A majority affirmative voice vote was received.

AGENDA #13 “ADJOURN” With no further business to discuss, Councilwoman Fehrenbacher moved to adjourn, seconded by Councilman Eyer. A majority affirmative voice vote was received.

The meeting adjourned at 7:30 p.m.

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