East Central Reporter

City of Olney City Council met Nov. 13.

Here are the minutes provided by the council:

AGENDA #1 “CALL TO ORDER” The November 13, 2023, 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. Jason Burckhartt led the group in prayer.

AGENDA #3 “ROLL CALL” The following Council members were present: Mark Lambird, John McLaughlin, Morgan Fehrenbacher, Jack Eyer, and Julia Eichhorst. 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 “PUBLIC COMMENTS/PRESENTATIONS”

4-A “Recognition of the Olney FFA Chapter for Achievements at the National Convention” Mayor Lambird read a proclamation declaring November 14, 2023, as Olney FFA Day in the City of Olney. This proclamation was in recognition of the Olney FFA placing first at State competition in Agronomy, Conduct, Parliamentary Procedure, Forestry, and Poultry at the National Convention in Indianapolis, Indiana.

David Smith, Jr. then approached the Council. Regarding the work taking place by CSX on the Whittle Avenue railroad crossing, Mr. Smith told the Council that the work CSX actually needed to be doing was to eliminate the “leapfrog hump.” CSX needed to do this by scooping out gravel after railroad tie removal so that new ties would be the same level as those removed. He felt that correct work on that crossing had not taken place for at least 15 years due to the laziness and neglect of CSX. Because of all this, Mr. Smith asked what the City could do in order to see to it that the railroad crossing was repaired properly.

Mr. Bridges indicated that once CSX was finished, the City would mill and resurface the approaches. This work would take place in the Spring of 2024.

Mr. Smith asked if the railroad ties would be placed at a proper level. Mr. Bridges reported that CSX was taking out the railroad ties and excavating approximately one-foot down in order to replace the ties. Regardless, Mr. Bridges did not expect that the crossing would be completely flat once work was completed.

AGENDA #5 “PRESENTATION OF CONSENT AGENDA”

5-A “Approve Minutes of the Council Meeting on October 23, 2023”

5-B “Approve and Authorize Payment of Accounts Payable November 14, 2023” Pooled Cash $164,447.16, Manual Pooled Cash $115,699, Utility Refunds $1,722.37, Adjustments $126.45, Foreign Fire $35.00, MFT $10,027.00, IMRF $20,357.30, Tourism $106.42, Christmas Light Display $3,934.90, Route 130 TIF $610.50

5-C “Appointment: Linn Wells to the Library Board”

5-D “Raffle License: ERFAE”

5-E “Raffle License: American Legion”

5-F “Resolution: Approve Change Order with Mt. Carmel Stabilization Group, Inc., for the 2023 Soil-Cement Contract” 2023-R-76

5-G “Payment Request: 2023 Soil-Cement Project”

5-H “Resolution: Approve Change Order with Wiggs Excavating, Inc., for the Glenwood & Franklin Street Waterline Replacement Project” 2023-R-77

5-I “Payment Request: Glenwood & Franklin Street Waterline Replacement Project”

AGENDA #6 “REMOVAL OF ITEMS FROM CONSENT AGENDA” No items were requested for removal from the consent agenda.

AGENDA #7 “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 #8 “CONSIDERATION OF ITEMS REMOVED FROM CONSENT AGENDA” No items were requested for removal from the consent agenda.

AGENDA #9 “PRESENTATION OF ORDINANCES, RESOLUTIONS, ETC.” 9-A “Ordinance: Rezone Vacant Land with Property Index Number 06-27-400-004 from R-S (Single-Family Residence District) to R-1 (Single Family Residence District)” The Council was provided with draft minutes of the Plan Commission meeting held on November 6, 2023, and a proposed ordinance that would rezone vacant land with Property Index Number 06-27- 400-004 from R-S (Single-Family Residence District) to R-1 (Single Family Residence District).

The Plan Commission had unanimously voted to recommend rezoning of the above mentioned land per the petition of Brad Doll. The purpose of the rezoning would be for the creation of a new subdivision.

Councilwoman Eichhorst moved to approve Ordinance 2023-30, seconded by Councilman McLaughlin. A majority affirmative voice vote was received.

9-B “Resolution: Approve Preliminary Plat of Northfield Subdivision” The Council was provided with draft minutes of the Plan Commission meeting held on November 6, 2023, a proposed resolution that would approve the preliminary plat of Northfield Subdivision, a copy of the preliminary plat, and a draft of protective covenants for Northfield Subdivision.

Mr. Barker stated that the Plan Commission had unanimously voted to recommend approval of the Northfield Subdivision preliminary plat. The subdivision was proposed for residential development and would include 39 lots.

Councilwoman Eichhorst moved to approve 2023-R-78, seconded by Councilman Eyer.

Councilman Eyer was concerned with whether or not sidewalks would be placed in the new subdivision. Even though such a provision was listed in the protective covenants, he was worried that may not be enforced. Mr. Doll agreed that lack of sidewalks would be a disservice. It would be up to the subdivision committee to enforce the covenants.

Mr. Zuber agreed that the enforcement would not be up to the municipality.

Mr. Doll explained that he could not place sidewalks before development, so the placement would fall to the landowner. The reason for this was that it would be foolish to place sidewalks that would then be affected by future construction, ADA requirements, driveways, etc.

Councilman Eyer expressed his strong desire for the sidewalk provision to be enforced. He also expressed appreciation to Mr. Doll for his initiative on creation of the new subdivision.

Mr. Doll stated that he would be sure to enforce the covenants. He joked that he also had an ulterior motive for the installation of any concrete.

A majority affirmative voice vote was received to the motion made above.

9-C “Ordinance: Rezone 203 A W. North Avenue from M-1 (Light Industrial District) to C-2 (Commercial District)” The Council was provided with draft minutes of the Plan Commission meeting held on November 6, 2023, and a proposed ordinance that would rezone 203 A W. North Avenue from M-1 (Light Industrial District) to C-2 (Commercial District).

Mr. Barker reminded the Council that at the last meeting, the Council was concerned with a permanent M-1 rezoning, but did not want to further hold up the petitioner from their plans. As a compromise, the Council approved the M-1 rezoning on the condition that the petitioner would immediately apply for C-2 rezoning. The Plan Commission also unanimously voted to recommend approval of this rezoning.

Councilman McLaughlin moved to approve Ordinance 2023-31, seconded by Councilwoman Fehrenbacher. A majority affirmative voice vote was received.

9-D “Resolution: Estimated Amount of 2023 Tax Levy” The Council was provided with a proposed resolution that would estimate the amount of the 2023 tax levy.

Mrs. Guinn told the Council that if the estimated tax levy or actual tax levy increased 5% or more above the previous year’s tax extensions, then a truth in taxation hearing would be required. Mrs. Guinn did not expect that the tax levy would go over 4.99%, and it could come in lower. This proposed resolution would set the cap of the 2023 tax levy at 4.99% while the Council could discuss option for the final tax levy.

Councilwoman Fehrenbacher moved to approve 2023-R-79, seconded by Councilman McLaughlin. A majority affirmative voice vote was received.

9-E “Resolution: Amend the City of Olney Annual Budget for Fiscal Year 2023-2024 for the Police Department” The Council was provided with a proposed resolution that would amend the budget for Police Department uniforms.

Mrs. Guinn explained that the Police Department was purchasing new dress uniforms, and their budget was short by about $900.00. The budget amendment would transfer funds from Contingencies to cover the purchase.

Councilman McLaughlin moved to approve 2023-R-80, seconded by Councilwoman Fehrenbacher.

9-F “Resolution: Accept Quote for a Sewer Department Riding Mower, Waive Formal Bidding Procedures, & Amend the 2023-2024 Budget” The Council was provided with a proposed resolution that would accept a quote, waive formal bidding procedures, and amend the budget for the purchase of a Sewer Department riding mower. The Council was also provided with two quotes for a riding mower.

Mrs. Guinn explained that the Sewer Department had been using an old mower from the Park Department. This mower was no longer able to be repaired, and the Department hoped to purchase a new mower this year before prices increased in the Spring.

Stanley’s Mower Repair & Sales, LLC. quoted $11,650.00. Midwest Tractor Sales, Inc. quoted $12,799.00. It was recommended to accept the low quote from Stanley’s.

Councilwoman Fehrenbacher moved to approve 2023-R-81, seconded by Councilman Eyer. A majority affirmative voice vote was received.

9-G “Resolution: Appointment of Authorized Delegates for Electronic Filing of Documents with the Internal Revenue Service” The Council was provided with a proposed resolution that would authorize Kathy Coleman and Tina Seessengood as Authorized Delegates for electronic filing of documents with the IRS.

Mrs. Guinn said that the IRS was now requiring that 1099 and W2 forms be submitted electronically. In order to do this, Authorized Delegates would need to be appointed.

Councilwoman Fehrenbacher moved to approve 2023-R-82, seconded by Councilwoman Eichhorst. A majority affirmative voice vote was received.

9-H “Resolution: Transfer Money from Business District Fund to General Corporate Fund & Amend the 2023-2024 Budget” The Council was provided with a proposed resolution

that would transfer money from the Business District Fund to the General Corporate Fund. The proposed resolution would also amend the budget for this purpose.

Mrs. Guinn explained that the City’s General Fund incurred a total cost of $32,509.40 for the creation of the Business District. She proposed a fund transfer and budget amendment that would deduct the funds out of the Business District in order to reimburse the General Corporate Fund for these costs.

Councilman Eyer moved to approve 2023-R-83, seconded by Councilman McLaughlin. A majority affirmative voice vote was received.

9-I “Request: East Fork Bassmasters Exceptions for Fishing Tournaments at East Fork Lake” The Council was provided with a memo from Mrs. Sterchi that outlined exception requests for the East Fork Bassmasters in regards to tournaments at East Fork Lake in 2024.

Mrs. Sterchi explained that the same requests were received each year and that the Council had historically approved the requests. The East Fork Bassmasters were requesting approval of a 60-boat tournament on April 20, 2024, a 40-boat tournament on May 18, 2024, and to have 7 tournament days on East Fork Lake in 2024. Current regulations limited boat numbers at 30 and limited tournament days on East Fork Lake to 6 days.

Councilman McLaughlin moved to approve the exception requests, as presented, seconded by Councilwoman Fehrenbacher. A majority affirmative voice vote was received.

9-J “Discussion/Possible Ordinance: Authorize the Execution of Amendments to a Redevelopment Agreement Dated October 26, 2017 – Parkside Inn, LLC.” The Council was provided with a listing of potential TIF-eligible expenses and proposed renderings of the Parkside Event Center, as provided from Neil and Kiley Borgic.

Mr. and Mrs. Borgic approached the Council and indicated that they were interested in purchasing Parkside Inn, LLC. They understood that the current TIF agreement was transferrable, but they were concerned that the current, maximum amount of TIF-eligible expenses listed in the agreement at this time would be hit before the end of the TIF. They were hoping to raise the amount of TIF-eligible expenses.

Mrs. Guinn reported that the original, maximum amount listed was $1,013,777.38. So far, the current owners of Parkside Inn, LLC. had only submitted $487,532.00 for reimbursement. Mrs. Guin believed that the Borgics wanted to raise the eligible amount to $1,625,711.66.

Mr. Borgic indicated that he actually felt that about $987,000.00 would be sufficient.

Mrs. Borgic clarified that it would be the $487,532.00 in addition to $987,000.00. This would total about $1,474,532.00.

Mr. Borgic indicated that the agreement change would assist them with investing funds into the event center. He hoped to expand on its potential in order to help grow the community. Mrs. Borgic also felt that marketing could be improved. Additionally, the Borgics hoped to add a restaurant and an office building to Parkside Plaza.

Councilwoman Fehrenbacher asked how many years were left in the TIF. Mrs. Guinn replied that the TIF would end with 2034 being the last assessed year for payment in 2035.

Mayor Lambird felt that the sale of Parkside would grow the increment substantially.

Councilwoman Fehrenbacher asked what would happen to the TIF agreement if the TIF life got extended. Mrs. Guinn indicated that the current agreement did not specify such a situation. Mr. Zuber added that would be another provision that could be added into an amended agreement.

Councilman Eyer was concerned that an increase in TIF funds would negatively affect citizens. Mr. Zuber clarified that only 20% of those funds would have gone to the City. Even so, Councilman Eyer felt that it could negatively affect the community as a whole.

Mrs. Borgic understood Councilman Eyer’s point of view, but she pointed out that their proposed developments should positively impact the community. She also felt it was important to keep Parkside locally-owned. She was aware that other parties were interested that were not local at all and that had no interest in growing or developing the community.

Mayor Lambird pointed out that increasing the amount of TIF-eligible expenses did not necessary mean that the Borgics would request reimbursement of the total amount.

The Borgics added that the amendment would help make the deal work. Mr. Borgic gave an example that as of the end of 2024, all televisions at the Best Western Plus would need to be replaced. Brand standards were incredibly high and kept the property in great condition.

Councilman Eyer requested to see a draft document before approving an actual amendment. This would detail the funding and any provisions related to a TIF extension.

The Council felt that at this time, they should just amend the maximum amount of TIF eligible expenses. If this was the only consideration, then Councilman Eyer stated that he would be agreeable to approving that this evening.

Councilman McLaughlin moved to approve moving forward on creation of an ordinance that would authorize an amendment to the Parkside Inn, LLC. redevelopment agreement with ownership of Parkside Inn, LLC. going to Mr. and Mrs. Borgic, with the agreement increasing the list of eligible expenses to approximately $1,474,000.00, seconded by Councilwoman Eichhorst. Councilmen McLaughlin, Eyer, Mayor Lambird, and Councilwoman Eichhorst voted yes. Councilwoman Fehrenbacher voted no. The motion carried.

AGENDA #10 “REPORTS FROM ELECTED AND APPOINTED OFFICIALS”

10-A “Status Report-City Manager” Mr. Barker said that CSX hoped to have the railroad crossings at Whittle Avenue repaired by the end of the week. Mr. Bridges added that CSX would make the area passable until the City began work in the Spring.

Councilman McLaughlin reminded everyone that the Christmas Parade would take place on November 25. The parade route would be the same as last year where it would go south on East Street and then east on Main Street.

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

10-C “Chamber of Commerce Report” Councilwoman Eichhorst said that Moonlight Madness was scheduled for December 1, and that all booth spaces at the Chamber were rented. The Chamber was also offering a raffle this year.

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

10-E “Tourism Board Report” Councilwoman Eichhorst was working on ideas that would help feature Olney and its businesses.

AGENDA #11 “CLOSED SESSION: SALE OR LEASE PRICE OF REAL PROPERTY; ACQUISITION OF REAL PROPERTY; APPOINTMENT, EMPLOYMENT, COMPENSATION, AND PERFORMANCE OF SPECIFIC EMPLOYEES; AND COLLECTIVE NEGOTIATING MATTERS” Councilwoman Fehrenbacher moved to adjourn to closed session to discuss the sale or lease price of real property; acquisition of real property; appointment, employment, compensation, and performance of specific employees; and collective negotiating matters, seconded by Councilman McLaughlin. A majority affirmative voice vote was received.

The meeting adjourned to closed session at 6:39 p.m.

AGENDA #12 “RECONVENE OPEN SESSION” Councilwoman Eichhorst moved to enter back into open session, seconded by Councilman McLaughlin. A majority affirmative voice vote was received. Open session resumed at 7:17 p.m.

12-A “Discussion/Possible Action: Employee Compensation” Councilman McLaughlin moved to authorize Christmas bonuses in the amounts of $30.00 in SOS Bucks for POC firefighters and janitorial employees and $100.00 to full-time employees, seconded by Councilwoman Eichhorst. A majority affirmative voice vote was received.

12-B “Discussion/Possible Ordinance: Amendments to Ordinance 2017-61, Establishing a Residential Development Assistance Program” The Council was provided with a copy of Ordinance 2017-61.

In 2017, a Residential Development Assistance Program was established. At that time, up to $7,000.00 could be reimbursed to a developer, per lot, for the installation of water and sewer service. Mr. Barker proposed to raise that reimbursable amount to $10,000.00 per lot for the installation of water and sewer service.

Councilman McLaughlin and Councilwoman Fehrenbacher wondered if the reimbursement would be paid to the developer or the builder. Mr. Barker indicated it would be paid to the developer for the install of water and sewer lines.

Councilman McLaughlin was interested in spurring development of homes. Mayor Lambird felt that a possible Enterprise Zone amendment that would allow for residential benefits could be useful.

Councilwoman Fehrenbacher noted that there were some discrepancies between the Northfield Subdivision protective covenants versus Ordinance 2017-61. For example, the covenants listed a minimum square footage of 1,500 compared to the ordinance’s 1,600.

Councilwoman Fehrenbacher and Councilman Eyer were in favor of lower the minimum square footage amount in order to help spur more development.

Councilman McLaughlin wished to see incentives for people to build on smaller, vacant lots in town. He, Mayor Lambird, and Councilman Eyer agreed that any encouragement to build residential homes should be considered. Councilwoman Fehrenbacher felt that subdivisions should have a minimum of 10 lots.

The Council encouraged Mr. Barker to set up a meeting with Mr. Doll in order to discuss appropriate amendments.

Mayor Lambird then updated the Council on the status of the Business District. The August numbers looked to come in at about $1,200,000.00 which was about $200,000.00 more than projected. The Mayor felt that the City could receive up to $28,000,000.00 over the life of the Business District even if there was no continued growth.

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

The meeting adjourned at 7:28 p.m.

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