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City Council Minutes 3/03/2008
AGENDA
CITY OF SALEM
REGULAR CITY COUNCIL MEETING
MONDAY, MARCH 3, 2008
6:00 P.M.
I.      Call to Order
II.     Prayer and Pledge of Allegiance
III.    Approval of Minutes – February 18, 2008
IV.     Presentation of Petitions and Public Comments
V.      Mayor’s Report and Presentations
              1.  Proclamation – Relay For Life
VI.     City Council Action
1.      Change Order and Final Pay Estimate Request for 2007 MFT Street and Sidewalk Projects
2.      CDAP/RF Loan Request – Davis Sign Company, 201A South Walnut
3.      Development Agreement Amendment to TIF #3 Contract Document – Steve’s Antiques, 201 East Main Street
4.      Second Reading – Ordinance – Cable/Video Right-of Way Construction Standards
5.      Second Reading – Ordinance – Cable/Video Service Provider Fee and Public Education & Government Access “PEG” Fee
6.      Second Reading – Ordinance – Cable/Video Customer Protection
7.      Second Reading – Ordinance Amending Chapter 23 of City Code
        Addition of new Division 14 in Article III – Zoning District – PUD-1-Planned Unit Development
8.      First Reading – Ordinance – Amending Chapter 2, Division 4 – Personnel Policy
9.      First Reading – Ordinance Amending Chapter 2, Division 4 – New Drug and Alcohol Testing Policy  
10.     First Reading – Recommendation to Create Special Funds for TIF#1, #2, and #3 to Deposit Interest Collected on all TIF Loans made by the City
11.     First Reading – Recommendation for Revisions to TIF #3 Sign & Awning Program
12.     Consideration of Bids for Sale of Surplus Propane and Propane Tanks
After Reports:
13.     Executive Session – 5 ILCS 120/2 ( c) (2), Collective Bargaining FOP

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, MARCH 3, 2008
6:00 P.M.

I.      Call To Order
The Salem City Council met in regular session on March 3, 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
Code Enforcement Officer Brad Crow
Sergeant Jeff Mount
Library Director Kim Keller
Media: Salem Times Commoner, WJBD Radio, Centralia Sentential
Mike Davis, Steve McConnaughhay, along with members of the public.
Absent:  DOEM Director Terry Mulvany
Chief of Police Ronald Campo

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 18, 2008
Minutes of Regular City Council Meeting of February 18, 2008 were presented for review.  Councilman Black asked for clarification under Item 4 – “Sue and John Andrews had just received the proposed ordinances regarding Cable/Video and had not had a chance to review them”.  Motion was made by Councilman Black, seconded by Councilman Blank to approve the minutes as corrected and waive the reading.  Roll call vote.  AYES:  Councilmen Hotze, Blank, Black, and Carr.  NAYS:  None.  Motion declared carried.  

IV.     Presentation of Petitions and Public Comments
None.  

V.      Mayor’s Report and Presentations
1.      Proclamation – Relay For Life
This item was postponed due to the inclement weather making it difficult for the participants to attend the meeting.  

VI.     City Council Action
1.       Change Order and Final Pay Estimate Request for 2007 MFT Street and Sidewalk Projects
City Manager Christie reported Council is being asked to authorize the City Manager to approve a change order in the amount of $47,765.60 and authorize final payment for 2007 MFT Street and Sidewalk Improvements Project for an amount due of $48,150.48 to Howell Paving, Inc.  Motion was made by Councilman Carr, seconded by Councilman Black to authorize the City Manager to approve final change order for Howell Paving, Inc.  in the amount of $47,765.60 and final payment in the amount of $48,150.48 for 2007 MFT Street and Sidewalk Improvements Project.  Roll call vote.  AYES:  Councilmen Blank, Black, Carr, and Hotze.  NAYS:  None.  Motion declared carried.  

(Mayor Ferguson moved Item 12 up in the Agenda)
12.     Consideration of Bids for Sale of Surplus Propane and Propane Tanks
Bob Erxleben, City Gas Consultant, reported advertisement for bids was requested for propane and propane storage tanks at the gas plant.  Nine bidders submitted bids and were opened on February 29th.  Michael Fertilizer Company of Mt. Vernon, IL was the apparent high bidder.  Their bid was in the amount of $151,000.00 and is above estimate of $100,000.00.  Erxleben noted that the actual volume of propane will be determined by weight at the bid price of $1.10 per gallon.   They will remove propane and tanks and provide certificate of insurance.  Motion was made by Councilman Black, seconded by Councilman Blank to accept the high bid in the amount o f $151,000.00 from Michael Fertilizer Company for surplus propane and propane tanks at the at the city gas plant.  Roll call vote.  AYES:  Councilmen Black, Carr, Hotze, and Blank.  NAYS: None.  Motion declared carried.  

2.       CDAP/RF Loan Request – Davis Sign Company, 201A South Walnut
Mike Davis was present regarding CDAP/RF Loan Request for Davis Sign Company.  City Manager Christie reported that Mr. Davis has requested a low interest loan in the amount of $15,000 for inventory and working capital to expand his current business in Salem.  The loan will be secured by a position on the real estate.  The Loan Committee has reviewed the request and are commends approval.  Motion was made by Councilman Carr, seconded by Councilman Black to approve the request from Davis Sign Company for a $15,000.00 at 3% interest for 3 years for inventory and working capital request.

3.      Development Agreement Amendment to TIF #3 Contract Document – Steve’s Antiques, 201 East Main Street
Steve McConnaughhay was present regarding this item.  City Manager Christie reported Mr. McConnaughhay has requested an amendment to his TIF Development Agreement that was approved in 2006 to increase the loan amount by $5,900.00 for a total loan amount of $31,219.34.  He is requesting this increase due to a change in contractor for the tuck pointing of the building.  The Loan Committee has reviewed this request and recommends approval.  Mr. McConnaughhay reported that the original contractor has failed to do the work and he had to obtain another contractor.  Motion was made by Councilman Black, seconded by Councilman Carr to approve the request from Steve McConnaughhay for an amendment to the original TIF #3 Contract Document to increase in the original loan amount by $5,900.00.  Roll call vote:  AYES:  Councilmen Hotze, Blank, Black, and Carr.  NAYS:  None.  Motion declared carried.  

4.      Second Reading – Ordinance 2008-02 – Cable/Video Right-of Way Construction Standards
City Manager Christie reported these three proposed ordinances were recommended by the Illinois Municipal League and gives the municipality greater authority and control in managing its right-of-ways; to regulate and establish fees for new companies; and gives the City authority to insure that customers served by these companies are protected from arbitrary and deficient service.  This being second reading, the next three related-items – Item 4, Item 5, and Item 6, were considered under Omnibus vote.  Following brief discussion, motion was made by Councilman Carr, seconded by Councilman Hotze to approve Ordinance 2008-02, 2008-03, and 2008-04 by omnibus vote.  Roll call vote.  AYES:  Councilmen Blank, Black, Carr, and Hotze.  NAYS:  None.  Motion declared carried.  

5.      Second Reading – Ordinance – 2008-03 – cable/Video Service Provider Fee and Public Education & Government Access “PEG” Fee
Approved by Omnibus vote.  

6.      Second Reading – Ordinance –  2008-04 – Cable/Video Customer Protection
Approved by Omnibus vote.   

7.      Second Reading – Ordinance  - 2008-05 - Amending Chapter 23 of City Code Addition of new Division 14 in Article III – Zoning District – PUD-1- Planned Unit Development
City Manager Christie explained this proposed ordinance amending Chapter 23 of the City Code is needed and is recommended to encourage development.  After concerns and questions from Council were addressed, motion was made by Councilman Carr, seconded by Councilman Black to approve Ordinance 2008-05, an ordinance amending Chapter 23 of the City Code to add new division 14 in Article III – Zoning District – PUD -1- Planned Unit Development.  Roll call vote.  AYES:  Councilmen Black, Carr, Hotze, and Blank.  NAYS:  None.  Motion declared carried.

8.      First Reading – Ordinance – Amending Chapter 2, Division 4 – Personnel Policy
A proposed ordinance amending Chapter 2, Division 4 of the Personnel Policy of the City Code was presented for first reading.  Following discussion of several items in the proposed ordinance, Councilman Black requested that he be provided with a copy of the original (** add: with changes highlighted) Personnel Policy for comparison of the proposed changes.  Assistant City Manager West indicated she would provide this to the Council.  This being first reading, no action was taken.  

9.      First Reading – Ordinance Amending Chapter 2, Division 4 – New Drug and Alcohol Testing Policy  
This item was discussed.  No action taken, being first reading.  

10.     First Reading – Recommendation to Create Special Funds for TIF#1, #2, and #3 to Deposit Interest Collected on all TIF Loans made by the City
City Manager Christie reported that Director McDaneld has recommended the creation of a separate fund in which to deposit and separate the interest monies received as a result of TIF loans.  She has consulted with PGAV and was advised that this is legal and can be done.  She recommended that the money be used in TIF area.  Motion was made by Councilman Black seconded by Councilman Blank to authorize the creation of a separate fund for deposit of interest monies received from TIF loans.  Roll call vote.  AYES:  Councilmen Carr, Hotze, Blank, and Black.  NAYS:  None.  Motion declared carried.  

11.     First Reading – Recommendation for Revisions to TIF #3 Sign & Awning Program
City Manager Christie explained the proposed revisions to the TIF #3 Sign and Awning Program is intended to expand the program to add paint and increase the reimbursement for awnings.  Director McDaneld recommends the following changes and/or additions to the grant procedures and guidelines:
·       Require the sign grants to be matching up to $800.00 versus a city injection of $800.00
·       Amend the awning ceiling to a matching amount up to $3,000 versus a city injection of $800.00
·       Add a paint program to follow a matching guideline up to $2,000
·       All grant applications to be reviewed and approved by Loan Advisory Committee
McDaneld indicated that making these policy and procedure changes will require the applicant to have a financial interest in their project and the matching requirement will allow for a larger overall financial investment in the downtown.  Following discussion, motion was made by Councilman Carr, seconded by Councilman Black to approve the recommendation of the Economic Development Director as listed above.  Roll call vote.  AYES:  Councilmen Hotze, Blank, Black, and Carr.  NAYS:  None.  Motion declared carried.  

12.     Consideration of Bids for Sale of Surplus Propane and Propane Tanks
Action taken after Item #1.

After Reports:
13.     Executive Session – 5 ILCS 120/2 ( c) (2), Collective Bargaining FOP
Motion was made at 7:30 p.m. by Councilman Black, seconded by Councilman Blank to enter into Executive Session to discuss FOP Collective Bargaining.  Roll call vote.  AYES:  Councilmen Black, Carr, Hotze, and Blank.  NAYS:  None.  Motion declared carried.  

VII.    City Manager Report
City Manager Christie reported:
·       The final draft of the revision to the subdivision ordinance has been completed and a copy will eventually be sent out to Salem area engineers for their comments and input.

·       A drainage ordinance has been initiated and sent to Public Works Director Pruden for review.

·       Councilman Carr was registered for the ICSC Convention, May 11 – 15, and is unable to attend.  This leaves an opening, City Manager Christie asked if any of the other Councilmen would be available to attend, if not this opening will be filled by a staff member.    Air fare and accommodations have already been paid.

·       In response to Councilman Hotze’s request at last meeting, Public Works Director Pruden has prepared a list of proposed street repairs for consideration for the 08/09 budget process.  

·       He also called attention to the 2008 Spring and Summer Recreation Department “Family Fun Guide”  that has been completed.  

VIII.   City Attorney Report
None.

IX.     City Council Report
Councilman Carr
Councilman Carr commented that the issue has come up before about changing the closing time; dates; and numbers of liquor establishments.  He suggested that consideration be given again to changing the closing hours to be equivalent to those in other communities.  It has been noted before that people leave Salem before closing time and go out of town to establishments that stay open longer.  Councilman Hotze commented that there is also an issue of hiring a band, there is not enough time for them to set up and be ready to leave by closing time.  Mayor Ferguson suggested this be brought back for discussion at next meeting.  

Councilman Hotze
Commented the Family Guide is a nice booklet.   
Councilman Blank – None.

Councilman Black – None.

X.      Adjournment
Upon returning to open session at 7:55 p.m., motion was made by Councilman Carr, seconded by Councilman Black to adjourn the meeting.  Roll call vote.  AYES:  Councilmen Carr, Hotze, Blank, and Black.  NAYS:  None.  Motion declared carried.  



Jane Marshall, CMC
City Clerk

Councilman Black requested an addition to Item 8 - (** add: with changes highlighted)
Approved by City Council on March 17, 2008 as corrected.