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East Central Reporter

Friday, September 20, 2024

City of Olney City Council met July 22

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Morgan Fehrenbacher, Councilwoman | City of Olney

Morgan Fehrenbacher, Councilwoman | City of Olney

City of Olney City Council met July 22,

Here are the minutes provided by the council:

AGENDA #1 “CALL TO ORDER” The July 22, 2024, meeting of the Olney City Council was called to order at 4:30 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. Steve Wingert 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” No one from the public wished to speak.

AGENDA #5 “PRESENTATION OF CONSENT AGENDA”

5-A “Approve Minutes of the Council Meeting on July 8, 2024”

5-B “Approve and Authorize Payment of Accounts Payable July 23, 2024” Pooled Cash $178,273.19, Manual Pooled Cash $4,903.07, MFT $2,800.00, Unemployment $1,396.86, Tourism $2,500.00

5-C “Raffle License: Richland Co. HEA”

5-D “Raffle License: Olney Jr. Pro Cheerleading”

5-E “Raffle License: Olney Firefighters Association”

5-F “Re-Appointment: Leon Stallard to the Fire Pension Board’

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 Eichhorst. 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 “Request/Possible Ordinance: Closure of a Portion of the North/South Alley Between N. East and N. Washington Streets & E. Scott and E. Locust Streets” The Council was provided with a request letter from Belinda Henton and a satellite image of the alley portion requested for closure. Notices of this request were mailed to adjoining property owners on July 15, 2024. Mrs. Henton was present to speak with the Council.

Mrs. Henton explained that she now owned her late mother’s home at 527 N. Washington Street. The property still had a landlocked portion of an alley behind it, to the west. Mrs. Henton would consider selling the property in the future, so she was requesting half of the alley footage that ran along 527 N. Washington Street. A total of 5 properties adjoined this landlocked alley.

Mrs. Henton asked Mr. Zuber if multiple properties could be conveyed portions of the alley on the same document. While it could be complicated, Mr. Zuber indicated so.

Mrs. Henton continued to explain that in 1990, the property to the south of 527 N. Washington Street had a portion of the alley quitclaimed, at no cost, to that property owner. Additionally, the minutes from that Council meeting reflected that the City Attorney did not believe that the alley was ever formally titled to the City, even though it was platted. If the alley was closed and other property owners received portions of it, Mrs. Henton asked that they all chip in on the recording fee.

Mrs. Henton was aware that the Joosts at 628 N. East Street had indicated interest to Mrs. Sterchi for their portion. Mrs. Henton also believed that the Kesslers at 624 N. East Street were also interested in their portion. From the audience, Mr. Kessler agreed that was so.

Councilman McLaughlin moved to approve Mrs. Henton’s request for closure of a portion of the north/south alley between N. East and N. Washington Streets and E. Scott and E. Locust Streets, seconded by Councilman Eyer.

From the audience, Stephen Hough wished to speak with the Council. Mr. Hough resided at 531 N. Washington Street. Mr. Hough had received the closure request notice in the mail on July 17, 2024, and was holding it in his hand. He gave history of home ownership over the decades, and then stated that the neighbors were not notified of this request.

Mrs. Sterchi told Mr. Hough that adjoining property owners to this portion of the alley were sent notification. Those individuals were the Kesslers, Joosts, Brocks, Hentons, and Mr. Hough himself. Mr. Hough then pointed to others in the audience and stated that none of them had received letters. Mrs. Sterchi confirmed and again stated that was due to the fact that those individuals would not be affected.

Mr. Hough told the Council that he felt that the notice letter was vague and ambiguous. He felt that the letter did not reflect that only a portion of the block was being discussed. Mrs. Sterchi pointed out that the letter reflected a “portion” of the unimproved alley, and Mr. Hough argued that it did not say “rectangular portion” of the unimproved alley. He then had Interim Fire Chief Harmon deliver the letter to the Council for their review.

Councilman McLaughlin asked Mr. Hough what his argument was regarding the request. Mr. Hough replied that there was no notification of the request. He also wanted additional information.

Mr. Hough then detailed his issues with the City regarding water drainage in the area, and noted that he had filed a lawsuit against the City in about 2015.

Councilman Eyer asked what water drainage had to do with this particular alley closure request. Mr. Hough replied that water went down that alley area. Councilman Eyer advised that nothing would be altered by this closure request. If granted, property lines would be extended by additional ownership of that land. Mr. Hough claimed he did not know what closure of the alley would mean.

The notice letter informed that the alley request was received from Belinda Henton, described the location, the date and time that the request would be heard, advised the owner that they could attend the meeting to be heard for or against the request, and advised that if passed, they would also have the opportunity to attain their portion of the alley if it were closed. The notice also asked that if a property owner was interested in attaining any of that land, they should let Mrs. Sterchi know before the meeting or at the meeting.

Councilman McLaughlin noted that a gas easement existed in that alley. Because of this, he asked if any permanent structures could be placed there. Mrs. Sterchi advised that no permanent structures could be placed or built in the alley due to the gas easement.

From the audience, a resident on E. Scott Street asked what part of the alley was being requested for closure. Mayor Lambird explained that an alley was originally platted several years ago. Since that time, portions to the north and the south of that alley had been vacated. Only a portion of that alley still remained open.

The E. Scott Street resident asked if there would be access in the alley. Mayor Lambird again stated that the remaining portion was landlocked. There was currently no access to this portion, and that would not change.

Councilman McLaughlin told Mr. Hough that the notice letter was the same type of form letter that got sent to adjoining property owners any time an alley closure was requested. The City had vacated several alleys over the years.

An unidentified gentleman from the audience also described water drainage and sinkhole concerns that he had in the area. He wondered if the alley closure would affect those issues. Mayor Lambird replied that nothing could be put in the area due to the easement, so nothing should change.

The E. Scott Street resident again asked if there would be any vehicle access in the area being discussed. Mayor Lambird replied no.

Mr. Hough asked if there were any utilities located in the alley. The Council again advised that there was a gas easement.

While this particular alley request would only involve the five properties detailed above, Mr. Zuber clarified that other than Mrs. Henton, only three other property owners would actually be involved since Mr. Brock had already had his portion of the alley conveyed several years ago.

Mr. Hough argued that the letter did not specifically say that only three people would be involved.

For the reader, the Council will not know how many people will end up being involved unless the adjoining property owners indicate interest before or during the meeting.

Councilman McLaughlin asked if Mr. Hough was interested in attaining the portion of the alley adjoining his property. Mr. Hough indicated so.

Councilman McLaughlin amended his original motion to approve Ordinance 2024-33 which would close a portion of the north/south alley between N. East and N. Washington Streets and E. Scott and E. Locust Streets, and to convey portions of that alley to all interested adjoining property owners, seconded by Councilman Eyer.

Mr. Hough asked how much this closure would cost the individuals. Because the alley had not been formally conveyed as City property, but adopted as City property, Mrs. Henton was asking for the area to be given at no cost like it had been to the southerly neighbor in 1990. Since the Council was in favor of this request, Mrs. Sterchi replied that the interested property owners would only need to split the $91.00 recording fee.

Mr. Hough complained that the split of fees was not detailed in the notice. He asked if Mr. Zuber would like to see the notice. Mr. Zuber obliged.

A majority affirmative voice vote was received to the motions made above. The City Attorney would draft the ordinance.

9-B “Discussion/Possible Action: Tournaments at Musgrove Ball Diamonds” The Council was provided with a copy of the Travel Tournament Agreement, and excerpts from minutes of Council meetings held on January 22, 2024, and June 27, 2022. Lauren McClain, Nickie Ritter-Daniel, and Kylie Borgic were present to speak with the Council.

Mrs. McClain was a lifelong resident of Olney, had children that participated in travel ball, and owned the local Ginger Ale’s. Mrs. Borgic was the owner of the Best Western Plus and

Parkside Event Center. Mrs. Ritter-Daniel was the operator of the concession stand at the ball park. All three ladies explained to the Council how having ball tournaments drastically increased their sales. Additionally, they stated that sales generated at these and other locations had impact across the entire community and increased City’s revenues on certain taxes.

Mrs. McClain felt that the Musgrove Park ball complex was one of the best complexes around, and the other amenities at Musgrove Park added to the value. She also felt that fees required to play tournaments in Olney were minimal compared to other locations. Other locations typically charged around $350.00 per tournament, per team. Other locations also charged gate fees of around $20.00 per person, per day. Families attending these tournaments also spent money on hotels, meals, incidentals, etc.

Mrs. Borgic was impressed by the activity surrounding the recent eclipse. Second to that, ball tournaments were the largest contributor to increased sales that she had seen so far. She noted that her facility generated $600.00 worth of hotel/motel tax on May 18, 2024, alone due to a ball tournament.

Mrs. Ritter-Daniel was proud that her concession stand was also the best around. Without activity at Musgrove Park, she had no sales at all.

Mrs. McClain had also spoken with other business owners in town who echoed the benefit of having ball tournaments. Because of this, she wanted the City to brainstorm ways to bring more tournaments to Olney.

Councilman McLaughlin agreed that the City’s ball complex was one of the better complexes. Currently, only one person in town organized any tournaments. The Councilman had been wanting to create a part-time Recreation Director position to help increase activity, but he was not sure how to accomplish that unless more people showed interest in holding tournaments.

Mrs. McClain told the Council that she had met with local tournament organizer Shawn Sanders. She did not want the City to “mess with” him. She also dreamed of having USSSA tournaments in Olney, and agreed that a Recreation Director would help.

Councilman McLaughlin did not believe that the Travel Tournament Agreement should be a problem. The Council had passed the Travel Tournament Agreement that detailed the only fee of $50.00 per registered team, per tournament. When the Councilman attended travel ball tournaments with his family, he was paying the $20.00 per person gate fees and the fee for his child to participate in the tournament. He felt that the City’s $50.00 team rate was a steal.

The fee was being assessed because the City needed funds in order to keep a nice complex. He explained that the City was currently paying $80,000.00 for Phase 1 of a lighting project at the diamonds, and that the City had also just paid $8,000.00 for scoreboard remotes. Funding was needed in order to properly maintain the complex.

While Mrs. McClain agreed with the Councilman about funding, she felt that the complex still had room for improvement. She noted that there were weeds growing up under the bleachers and that the bathrooms were not clean. She stressed the importance of keeping the complex in nice condition or else people would not want to come to Olney. She added that sales tax generated in town from the tournaments should more than pay for a part-time Recreation Director.

Councilwoman Fehrenbacher asked for clarification as to whether or not the ladies were complaining about the fee that the City was charging for tournaments. Mrs. McClain replied that she had no complaints about the fee, but that Mr. Sanders might. Mrs. Ritter-Daniel stated that she had heard that Mr. Sanders would, in fact, not participate at the price the City had set.

Councilman McLaughlin pointed out that there were no gates fees, and that Mr. Sanders advertised that fact. He did not feel that teams would bat an eye with the City’s $50.00 fee. Mrs. McClain said that she had tried to also relay that to Mr. Sanders.

Mayor Lambird felt that the City should provide more service if it was charging those fees.

Mrs. McClain commented that at some other facilities, she had seen college-aged guys that worked the fields, and she felt that paying those workers would not amount to much.

If the complex was nicer than others and the City was charging a nominal fee, Councilwoman Fehrenbacher asked what the problem was with people wanting to host tournaments in Olney.

Mrs. McClain replied that in Olney, the tournament organizers have to arrange all of the work related to the tournament. In other places, it was common for the host facility to be in charge of trash cans, bathrooms, working the fields, finding umpires, etc.

For clarification, Councilwoman Fehrenbacher asked if Mrs. McClain was saying that if the City provided such services, and increased its fees by a great amount to do so, if organizers would then be willing to come to Olney. Mrs. McClain believed so and added that Mr. Sanders had told her the same. Mrs. Ritter-Daniel agreed.

Mrs. McClain then said that there were also politics in the realm of travel ball. Sanctioned tournaments would get additional points and go to Nationals, etc. So, there would be added benefit to sanctioned tournaments other than just additional revenue. She then asked the Council what they could expect to see from here.

Councilman Eyer was in favor of a Recreation Director, but noted struggles with finding funds to pay a Director. He also felt that there seemed to be lack of interest. He had originally felt that Park Department Supervisor Frank Bradley could be an appropriate Director, but at that time, Mr. Bradley was also in charge of the Water Plant and that would have been too much. He wondered if Mr. Bradley might now be able to wear that hat.

Councilman McLaughlin wished to sit down with Mr. Bradley, Mr. Sanders, and Shawna May (Tri-County Mayhem) in order to get opinions on what would and would not work.

Mrs. McClain reminded Councilman Eyer that for every sale in the Business District, the City would be receiving 2% of that amount. Even so, Councilman Eyer replied that he did keep hearing about increases in revenue, but he had never heard a hard and fast number. Mrs. McClain strongly disagreed and pointed out that she, Mrs. Ritter-Daniel, and Mrs. Borgic had reported numbers earlier in the discussion.

Mrs. McClain felt that a retired individual would make a good candidate for Recreation Director. Unless a job posting was made public, she did not feel that the City could know if anyone would or would not be interested in the position.

Councilwoman Eichhorst added that Robinson used retired individuals in the warmer months to help take care of grounds, so she agreed that may be the way to go.

9-C “Discussion/Possible Action: Olney Christmas Parade” This topic was tabled.

9-D “Ordinance: Amend Section 2.32.210 (Charge for Services Outside Jurisdiction and for Services to Property from Outside Jurisdiction) of the City of Olney Municipal Code” The Council was provided with a proposed ordinance that would amend Section 2.32.210 (Charges for Services Outside Jurisdiction and for Services to Property from Outside Jurisdiction) of the City of Olney Municipal Code.

Mr. Zuber explained that this Code amendment would put the City’s provisions in line with State statute in regard to the Fire Department’s response to calls where one or both of the parties involved were outside of the Department’s jurisdiction.

Councilman McLaughlin moved to approve Ordinance 2024-34, seconded by Councilman Eyer. A majority affirmative voice vote was received.

9-E “Resolution: Authorize a Five-Year Subscription Renewal Agreement with Emergency Service Marketing Corp., Inc. (IamResponding) for the Fire Department” The Council was provided with a proposed resolution that would authorize a five-year Subscription Renewal Agreement with Emergency Service Marketing Corp., Inc., (IamResponding) for the Fire Department. The Council was also provided with a copy of the proposed agreement.

Interim Fire Chief Harmon told the Council that the IamResponding program was very used within the Department and had been for several years. The yearly renewal fee was $810.00, but by agreeing to the 5-year agreement, the City would save $150.00 per year.

Councilwoman Eichhorst moved to approve 2024-R-63, seconded by Councilman Eyer. A majority affirmative voice vote was received.

9-F “Resolution: Support & Commitment of Funds for Services Provided by the Greater Wabash Regional Planning Commission” The Council was provided with a proposed resolution that would support and commit funds for services provided by the Greater Wabash Regional Planning Commission (GWRPC).

Mrs. Guinn reminded the Council that these resolutions were passed annually and would be accompanied by a financial commitment of $2,500.00.

Councilwoman Eichhorst moved to approve 2024-R-64, seconded by Councilwoman Fehrenbacher. A majority affirmative voice vote was received.

9-G “Resolution: Accept Quote for Sewer Department Camera Operating System and Reel, Waive Formal Bidding Procedures, & Amend the 2024-2025 Budget” The Council was provided with a proposed resolution that would accept a quote for the Sewer Department’s camera operating system and reel, waive formal bidding procedures, and amend the 2024-2025 budget. The Council was also provided with a copy of the quote received and a written detail from the Department.

EJ Equipment, Inc., of Manteno, Illinois, had quoted $28,810.00 for this equipment. Sewer Department Supervisor Jeff Lathrop told the Council that the Department’s camera would not work without replacement of this equipment. If the equipment was purchased brand new, the cost would be $114,791.00 and would come with a 12-month warranty. By purchasing equipment that was used and only a year old, the cost would be $28,810.00 and would come with a 6-month warranty. Mr. Lathrop recommended purchasing the used equipment.

Councilman McLaughlin moved to approve 2024-R-65, seconded by Councilwoman Fehrenbacher. A majority affirmative voice vote was received.

9-H “Resolution: Accept Quote for Snow Plow and Controls, Waive Formal Bidding Procedures, & Amend the 2024-2025 Budget” The Council was provided with a proposed resolution that would accept quote for snow plow controls, waive formal bidding procedures, and amend the 2024-2025 budget. The Council was also provided with a quote from Higgs Welding, Inc., of Dieterich, Illinois.

Mr. Barker explained that the Street Department had been working on setting up snow plows for the upcoming Winter. Higgs had originally quoted $7,850.00 for the work, but before moving forward, they noticed that they had made a pricing error. The correct quote for the work would be $20,850.00. Because the City was able to get good pricing on dump trucks this year, funds were available in that line item to cover the work.

Councilwoman Eichhorst moved to approve 2024-R-66, seconded by Councilman McLaughlin. A majority affirmative voice vote was received.

9-I “Ordinance: Amend Ordinance 2023-38 Prohibiting Use of Groundwater as a Potable Water Supply by the Installation or Use of Potable Water Supply Wells or by Any Other Method Within a Limited Area of the City” The Council was provided with a proposed ordinance that would amend Ordinance 2023-38.

Mr. Bridges told the Council that an ordinance was passed in December of 2023 that would prohibit use of groundwater as a potable water supply within a certain area of the City. Since that time, the EPA had reviewed the ordinance and requested some minor changes.

Councilman Eyer moved to approve Ordinance 2024-35, seconded by Councilwoman Fehrenbacher. A majority affirmative voice vote was received.

AGENDA #10 “REPORTS FROM ELECTED AND APPOINTED OFFICIALS”

10-A “Status Report-City Manager” Mr. Barker told the Council that while CSX was supposed to be in town last week so that the City could finish road work at the Whittle Avenue railroad crossing, they ended up with no flagger. They expected to not have another flagger available until mid-August.

Mr. Barker then reported that the East Street Bridge Project should begin on August 12, 2024.

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

10-C “Chamber of Commerce Report” Councilwoman Eichhorst told the Council that the Bicycle Classic would be held on August 24, 2024, and the Chamber’s new website was up and running.

10-E “Tourism Board Report” Councilwoman Eichhorst reported that the final Sounds of Summer concert was held last week with a good crowd. The Friends of Olney were scouting new artists for 2025, and they were exploring ideas of what else the Friends could provide for the community.

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

AGENDA #12 “RECONVENE OPEN SESSION” No closed session was needed.

12-A “Approve Minutes of Closed Session on July 8, 2024” Councilwoman Fehrenbacher moved to approve minutes of closed session from July 8, 2024, seconded by Councilman McLaughlin. A majority affirmative voice vote was received.

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

The meeting adjourned at 5:20 p.m.

https://cms2.revize.com/revize/olneynew/cc%20July%2022%202024.pdf

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