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City Council Minutes 02/18/2008
 AGENDA
CITY OF SALEM
REGULAR CITY COUNCIL MEETING
MONDAY, FEBRUARY 18, 2008
6:00 P.M.


I.      Call to Order
II.     Prayer and Pledge of Allegiance
III.    Approval of Minutes – February 4, 2008, Public Meeting of January 30, 2008
IV.     Presentation of Petitions/Public Comments
V.      Mayor’s Report and Presentations
VI.     City Council Action
1.      Approval to Declare Propane and Propane Tanks at Gas Plant as Surplus Property and Offer for Sale thru Bidding Process
2.      Ordinance – Non-Home Rule Municipal Retailers’ Occupation Tax and Non-Home Rule Municipal Service Occupation Tax Imposing an Additional ½ of 1% Sales Tax
3.      Second Reading – Ordinance to Require the Registration of Business
4.      First Reading – Ordinance – Cable/Video Right-of-Way Construction Standards   
5.      First Reading – Ordinance – Cable/Video Service Provider Fee and Public Education & Government Access “PEG” Fee.
6.      First Reading – Ordinance – Cable/Video Customer Protection  
7.      First Reading – Ordinance – Amending Chapter 23 to add Planned Unit Development Zoning District
8.      Bills Payable
After Reports:
9.      Executive Session – 5 ILCS 120/2(c )(2) & (5) Personnel  and Sale of City Property
VII.    City Manager Report
VIII.   City Attorney Report
IX.     City Council Report
X.      Adjournment

Thomas F. Christie,
City Manager
_________________________________________________________________________                                               MINUTES
CITY OF SALEM
REGULAR CITY COUNCIL MEETING
MONDAY, February 18, 2008
6:00 P.M.

I.      Call To Order
The Salem City Council met in regular session on February 18, 2008, at the hour of 6:00 p.m. in the Council Chambers of Salem City Hall.  The meeting was called to order by Mayor Leonard E. Ferguson.    
Council Members present upon roll call:
Councilman Tom Carr
Councilman Harold Blank
Councilman Joe Hotze
Councilman David Black   
     Mayor Leonard E. Ferguson
Others Present:
City Manager Thomas F. Christie
City Attorney Michael R. Jones  
City Clerk Jane Marshall
Finance Director Marilyn Shook
Public Works Director John Pruden  
Assistant City Manager Bev West
Economic Development Director Tracey McDaneld
Recreation Director Sherry Daniels
Chief of Police Ronald Campo
Code Enforcement Officer Brad Crow
Media:  Salem Times Commoner, WJBD Radio, Centralia Sentential
Bob Erxleben, John and Sue Andrews/USsonet along with members of the public.
Absent:  DOEM Director Terry Mulvany
Library Director Kim Keller

II.     Prayer and Pledge of Allegiance
Opening prayer was led by Councilman Carr, followed by Pledge of Allegiance to the Flag.  

III.    Approval of Minutes,  February 4, 2008 and review of Public Notes of january 30, 2008
Minutes of Regular City Council Meeting of February 4, 2008 was presented for review.   Motion was made by Councilman Black, seconded by Councilman Blank to approve the Minutes of Regular Meeting of February 4, 2008 as written and waive the reading.  Roll call vote.  AYES:  Councilmen Carr, Hotze, Blank, and Black.  NAYS:  None.  Motion declared carried.

Notes of Public Meeting regarding Sales Tax for January 30, 2008 were presented for review.  

IV.     Presentation of Petitions/Public Comments
None

V.      Mayor’s Report and Presentations
Mayor Ferguson distributed copies of, and read in full his “State of the City” message highlighting activities of the city for the past year and anticipated plans for the future.  

He gave special recognition to Richard Pollard for his very unique yard art work displayed on Route 37 North, including his “bumper” crop, airplane nosed into the ground, giant ladybug (Volkswagen with legs) and other yard art.

VI.     CITY COUNCIL ACTION
1.      Approval to Declare Propane and Propane Tanks at Gas Plant as Surplus Property and Offer for Sale thru Bidding Process
City Manager Christie reported that the propane tanks and the propane product at the Gas Plant have not been used for several years and due to the related burdensome regulatory controls issues, it is being recommended that Council declare the tanks and the propane as surplus so that bids can be received.  City Gas Consultant, Bob Erxleben indicated he has received some interest from persons wishing to obtain the propane and tanks.  Motion was made by Councilman Carr, seconded by Councilman Blank to declare the propane and the propane tanks at the gas plant as surplus and authorize the City Manager advertise for bids.  Roll call vote:  AYES:  Councilmen Hotze, Blank, Black, and Carr.  NAYS:  None.  Motion declared carried.  

2.      Ordinance – Non-Home Rule Municipal Retailers’ Occupation Tax and Non-Home Rule Municipal Service Occupation Tax Imposing an Additional ½ of 1% Sales Tax
City Manager Christie commented that approval of this ordinance formally is the next step towards collection of the additional 1/2 of 1% Sales Tax that was approved by referendum of voters in the February election.  Motion was made by Councilman Black, seconded by Councilman Carr to approve Ordinance 2008-01, Non-Home Rule Municipal Retailers' Occupation Tax and Non-Home Rule Municipal Service Occupation Tax.

3.      Second Reading – Ordinance to Require the Registration of Business
City Manager Christie presented a modified ordinance regarding business registration indicating the annual registration requirements were changed to every five years along with other changes as discussed by Council at last meeting.  

Councilman Carr indicated he was not initially for the business registration and suggested the Economic Development Director work with the Chamber to develop a program encouraging voluntary registration whereby their business would be listed on the website.  

Economic Development Director McDaneld indicated that Officer Miller has developed a very extensive data base of businesses that is used for contact information in the event of a "break-in".  She has been working with this information.  

Councilman Black commented that he is not in favor of this ordinance which forces business owners to register.  

Councilman Hotze commented he sees that this information is important to the police department and fire department and thinks business owners will register if it is voluntary, but he disagreed with the fine.  He suggested the City Manager work with Economic Development Director to welcome businesses to the community and to work on a voluntary registration.  Councilman Hotze reported that he has had phone calls protesting this ordinance.    No Action was taken.  

4.      First Reading – Ordinance – Cable/Video Right-of-Way Construction Standards   
City Manager Christie commented this ordinance which was recommended by the Illinois Municipal League gives the municipality greater authority and control in managing the right-of-ways, including appearance issues, when dealing with video and cable companies.   City Manager commented that cable companies in the Chicago area have installed very obnoxious and intrusive boxes in residential front yards and this ordinance is intended to help control this from happening in our community.  He reported that this ordinance has been reviewed by the City Attorney and the Public Works Director who made suggestions regarding the right-of-way issues.   Sue and John Andrews, owners of Ussonet, commented regarding the ordinance which they just had a chance to review  they just received at the meeting and had not had a chance to review.  This being first reading, no action was taken.  

5.      First Reading – Ordinance – Cable/Video Service Provider Fee and Public Education & Government Access “PEG” Fee.
First reading, no action was taken.

6.      First Reading – Ordinance – Cable/Video Customer Protection  
First reading, no action was taken.

7.      First Reading – Ordinance – Amending Chapter 23 to add Planned Unit Development Zoning District
An ordinance was presented for first reading amending Chapter 23 to add Planned Unit Development Zoning District (PUD).  City Manager Christie explained a PUD is a special "mixed use" type of zoning that can be implemented in any zone under circumstances where the development would enhance and make better use of the land area.  This is a needed addition to the City's zoning ordinance and is recommended to encourage development.  Many cities across Illinois have had it in place for many years.  Any PUD requires the approval of the Planning Commission and the City Council.   Council discussed the proposed ordinance and Councilman Black requested copies of ordinances from other cities for review before next meeting.   First Reading, No Action Taken.

8.      Bills Payable
Bills payable for a total amount of $964,850.30 for period ending February 18, 2008 were presented for review.  Following review, motion was made by Councilman Black, seconded by Councilman Blank to approve the bills payable as presented.  Roll call vote.  AYES:  Councilmen Black, Carr, Hotze, and Blank.  NAYS:  None.  Motion declared carried.  

After Reports:
9.      Executive Session – 5 ILCS 120/2(c )(2) & (5) Personnel  and Sale of City Property
Motion was made at 7:40 p.m. by Councilman Black, seconded by Councilman Blank to enter into executive session for the purpose to discuss Personnel and Sale of City Property.   Roll call vote.  AYES:  Councilmen Carr, Hotze, Blank, and Black.  NAYS:  None.  Motion declared carried.  

VII.    City Manager Report – None.
 
VIII.   City Attorney Report - None.

IX.     City Council Report
Councilman Carr reported he received an inquiry regarding travel vans being permitted to park in mobile home parks.   Assistant City Manger West advised that these vehicles are regulated by the Department of Public Health rather than a zoning issue.

Councilman Carr also reported he was asked why the emergency alarms did not go off before the straight-line winds that struck the Salem area recently.  He was advised that the sirens only sound when a tornado is sighted and the storm came up very quickly without much warning and intensified about five miles before it hit Salem.     

Councilman Hotze asked Public Works Director about preparing a listing for next meeting of streets and sidewalks to be worked on this year.  

Councilman Blank reported of an area of street on South Broadway that is in need of repairs.  Public Work Director Pruden indicated that he has been communicating with IDOT regarding this issue since it is on Route 37 South.

Councilman Black commended the City Crews on their good work during the last snow and ice storm.  

X.      Adjournment
Upon returning to Open Session at 10:00 p.m. and there being no further business for discussion,  motion was made by Councilman Carr, seconded by Councilman Black to adjourn the meeting.  Roll call vote.  AYES:  Councilmen Hotze, Blank, Black, and Carr.   NAYS:  None. Motion declared carried.  


Jane Marshall, CMC
City Clerk
Approved as corrected by City Council March 3, 2008.
Clarification under Item 4.