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City Council Minutes 06/16/2008
PUBLIC HEARING
CITY OF SALEM, ILLINOIS
101 S. BROADWAY
SALEM, ILLINOIS 6281

The City of Salem will hold a public hearing on Monday, June 16, 2008 at 6:00 p.m. to consider amending the City’s Comprehensive Plan to include the construction of a proposed new swimming pool as an essential component of Recreational Services for the community.

Thomas F. Christie
City Manager

Legal Section:  May 30, 2008
________________________________________________________________________


NOTES OF PUBLIC HEARING
REGARDING AMENDMENT TO COMPREHENSIVE PLAN
JUNE 16, 2008

A Public Hearing regarding amending the City’s Comprehensive Plan to include the construction of a proposed new swimming pool was held in the Council Chambers of Salem City Hall, 101 S. Broadway, Salem, IL on June 16, 2008 at 6:00 p.m.  Mayor Ferguson called the Public Hearing to order.   City Manager Christie explained the need for this amendment in reference to our application for OSLAD grant.  There being no public comments regarding this issue, the Public Meeting was closed at 6:05 p.m.

Jane Marshall, CMC
City Clerk                            
___________________________________________

AGENDA
CITY OF SALEM
REGULAR CITY COUNCIL MEETING
JUNE 16, 2008
6:00 P.M.

I.      Call to Order
II.     Prayer and Pledge of Allegiance
III.    Approval of Minutes,  June 2, 2008
IV.     Presentation of Petitions/Public Comments
V.      Mayor’s Report and Presentation
Discussion Items:
1.      Use of Golf Cars on City Streets
2.      Swimming Pool Closing Hours
3.      Girls Softball program
4.      Sidewalk on East McMackin Street
VI.     City Council Action
1.      Request for Use of Bryan Park Stage by McDonald’s for Company Picnic & Awards Ceremony
2.      Request for Use of Bryan Park Softball Field for Fundraiser Benefit
3.      Final Presentation of Pool Design – Scott Hester
4.      Resolution Amending 2002 Comprehensive Plan Update (Regarding Proposed New Swimming Pool)
5.      Resolution of Authorization Regarding OSLAD Grant Application for Swimming Pool
6.      First Reading - Ordinance Amending Chapter 23 Regarding Inclusion of Boundary Survey with Variance Requests for Setbacks
7.      Ordinance Amending Chapter 20, Section 20-44 – Water Sewer Rate Increase (Options – 5% or 7.5%)
8.      Ordinance – Authorizing Issuance of General Obligation Debt Certificates to Finance Library Facilities
9.      Ordinance – Prevailing Wages for Marion County  
10.     Bills Payable

After Reports:
11.     Executive Session – Sale and Acquisition of Real Estate
12.     Approval of Closed Session Minutes – 3/17/08, 4/07/08, 4/21/08
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
JUNE 16, 2008
6:00 P.M.
I.      Call To Order
The Salem City Council met in regular session on June 16, 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 Joe Hotze
Councilman Harold Blank
Councilman David Black   
      Mayor Leonard E. Ferguson
Others Present:
City Manager Thomas F. Christie
City Clerk Jane Marshall
City Attorney Michael R. Jones  
Finance Director Marilyn Shook
Public Works Director John Pruden  
Chief of Police Ronald Campo
Assistant City Manager Bev West
Economic Development Director Tracey McDaneld
Code Enforcement Officer Brad Crow
Recreation Director Sherry Daniels
Library Director Kim Keller
Media: Salem Times Commoner, WJBD Radio, Centralia Sentential
along with members of the public.
Absent:  DOEM Director Terry Mulvany

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 –june 2, 2008  
Minutes of Regular City Council Meeting of June 2, 2008 were presented for review.   
Councilman Carr noted a typo under Councilman Hotze’s Report – should read “garbage” not sewer.  Motion to approve the minutes of June 2, 2008 as amended and waive the reading was made by Councilman Black and seconded by Councilman Blank.  Roll call vote.  AYES:  Councilmen Carr, Hotze, Blank, and Black.   NAYS: None.  Motion declared carried.

IV.     Presentation of Petitions/Public Comments
None.

V.      Mayor’s Report and Presentations
Discussion Items:
1.      Use of Golf Cars on City Streets
Mayor Ferguson commented that a number of people asked what the City is going to do, several in favor and some not I favor of the golf cars.  Councilman Blank asked how many people will be discriminated against, adding he can’t drive his golf car because he lives on North Broadway/Route 37. Councilman Hotze commented that we need to have sidewalks all the way from Bryan Park to Evergreen Church wide enough to accommodate golf cars.  Councilman Black added we would then need to put one to Wal-Mart and on East Main Street to Lakewood.  Councilman Hotze commented he is in favor of the use of golf cars on city streets, but Council should keep the regulations very simple – persons should be of driving age, with valid driver’s license.  Councilman Carr agreed with Hotze, but don’t think we have enough information to make a decision, suggesting we should wait and gather additional information.
Councilman Black, agreed, suggesting they should watch and see what happens in Breeze with their golf cart ordinance.  Councilman Hotze commented we should take a chance and if it doesn’t work, then could regulate it – indicating he doesn’t see we will have a problem.  
Councilman Black, - valid point
Hotze commented Amish people drive horses and buggies, farmers and tractors
Carr likes to wait at least six months.  Mayor expect insurance company to be opposed
Blank, if he could drive golf car, he may be in favor of it.
Ferguson what if breeze waited to see what happened n Salem

City Manager Christie asked (not opposed to golf cars because don’t think there will be that many that would do it.  Does City have legal obligation to check to see if cars meet state regulations.  Hotze indicated the knows a person who could inspect them – discussion regarding inspection – who does it
Insurance, safety equipment required  - city council would have to decide what insurance would be required
Mike Jones – breeze permitted ATV’s as well as golf cars.  City Manager explained he estimated  - 600 – 800 expense to get golf cars ready to drive on the street.   Mayor asked city manager t work with Mike Jones to put together a draft ordinance  for consideration at next meeting.

2.      Swimming Pool Closing Hours
Mayor Ferguson opened discussion regarding extending the swimming season in the evenings and on weekends.   Ms. Daniels indicated that no one has talked with her about  extending the time for the swimming pool; however, she has no objection to doing this if it is what Council directs.  She explained the closing date for this year has been set for August 10 because school opens on August 18.  and, most of the lifeguards are college students who are gone back to school.  She explained they have tried to keep open until after Labor Day in the past and did not have many use the pool.   Councilman Carr indicated he thinks this is a matter that should be taken up by the Pool Manager and Recreation Director Daniels and Councilman Black agreed.  Councilman Hotze suggested the pool remain open until Labor Day.  Mayor Ferguson suggested it stay open on week-ends until Labor Day.  City Manager Christie indicated that Recreation Director Daniels will have to make the decision.  

3.      Girls Softball program
Parents who have two children playing ball, have commented that it would be handy for them if the girls ball field could be moved to the Little League Complex.  Recreation Director Daniels questioned, who would pay for the new fields estimated cost of $80,000.  She commented that she had talked with parents during the “Family Day in the Park” and some said it would be great to have all the ball fields at one location, but others didn’t see it as that big of a deal, they can’t watch two games at once.   Tracey McDaneld commented, from a parents point of view, she doesn’t want her daughter playing at the Little League Complex, she finds the parking more difficult; indicating she finds Tully Park more comfortable and she really likes Tully Park.  Councilman Blank and Black suggested the girls ball fields be left at Tully Park.      

4.      Sidewalk on East McMackin Street
Councilman Black indicated he has talked with Larry Marks about the building on the corner of East McMackin Street and was told if the City will fix the sidewalk he will make the building look good.  Mayor Ferguson indicated the understanding was if improvements were made to the building, the City would put in the sidewalk.  Councilman Carr stated, only if it does not jeopardize other projects.  Councilman Black will ask Mr. Marks to give the City a letter of commitment regarding fixing the building.  

VI.     City Council Action
1.      Request for Use of Bryan Park Stage by McDonald’s for Company Picnic & Awards Ceremony
A letter was received dated June 3, 2008 from Stacey Webb, Regional Supervisor for McDonald’s Salem based businesses requesting use of the Bryan Park Stage for their company picnic and awards ceremony on June 18, 2008 from 4-6 P.M.  They have their own sound system and will not be using any lighting.  She stated that any music that will be played will not be loud or disruptive.  They have rented pavilion #2 adjacent to the stage for the day.   Recreation Director Daniels has no problems with this request.  Motion was made by Councilman Carr, seconded by Councilman Hotze to approve the request from Stacey Webb, Regional Supervisor for McDonald’s to use Bryan Park Stage on June 18, 2008 for a charge of $35.00.  Roll call vote.  AYES:  Councilmen Hotze, Blank, Black, and Carr.  NAYS:  None.  Motion declared carried.  

2.      Request for Use of Bryan Park Softball Field for Fundraiser Benefit
A letter was received from Bonnie Carroll and Lorie Dunbar requesting use of the softball field on either Saturday or Sunday, June 28th or 29th; or July 19th or 20th to hold a fundraiser to help with medical costs for Bill Tucker.  They would like to include ball field style hotdogs, hamburgers, popcorn, soda and baked goods.  Motion was made by Councilman Black, seconded by Councilman Blank to approve the request for use of the Bryan Park ball field at no charge for not-for-profit event and let Recreation Director Daniels schedule the date.  Roll call vote.  AYES:  Councilmen Blank, Black, Carr, and Hotze.  NAYS:  None.  Motion declared carried.  

3.      Final Presentation of Pool Design – Scott Hester
City Manager Christie explained that consultants with Counsilman-Hunsaker have been working very hard to meet the time line for the OSLAD grant application and Scott Hester was here to present the proposed design to be submitted with the grant application.   City Manager Christie explained, because the therapy pool is an indoor facility, it is not eligible for the OSLAD grant and not included in this design.  The committee will be meeting with representatives from the Salem Hospital and others who are interested in the pool in July Mayor Ferguson expressed concern that the therapy pool was not included in the proposed design presented for the grant.  Mr. Hester commented that their contract for construction documents will include the therapy pool and the complete design will have several items listed as alternate bids.  He explained the size of the bath house is based upon state code and the maximum load of the pool.  Fred Walker with South Central Illinois Regional Planning and Development commented that the OSLAD grant is a reimbursable grant.  Council discussed the bath house design and the parking spaces.  Suzie Hood expressed concern about the proposed pool design being large enough for swim lessons because swim classes are held on both ends of the present pool and suggested that the pool wall be extended a few feet to make the pool larger for swim lessons.  Following lengthy discussion, Motion was made by Councilman Black, seconded by Councilman Blank to approve the pool design as presented.  Roll call vote.  AYES:  Councilmen Black, Carr, Hotze, and Blank.   NAYS:  None.  Motion declared carried

4.      Resolution 2008-10 -  Amending 2002 Comprehensive Plan Update (Regarding Proposed New Swimming Pool)
City Manager Christie explained that the current 2002 Comprehensive Plan Update does not include design or development of a new pool in Bryan Park and additional “points” towards approval of the OSLAD grant may be earned if our Comprehensive Plan calls for design and construction of a new pool.   Motion was made by Councilman Black, seconded by Councilman Carr to approve Resolution 2008-10, a resolution Amending 2002 Comprehensive Plan Update regarding proposed new swimming pool.  Roll call vote:  Councilmen Carr, Hotze, Blank, and Black.   NAYS:  None.   Motion declared carried

5.      Resolution 2008-11 - Resolution of Authorization Regarding OSLAD Grant Application for Swimming Pool
City Manager Christie explained this proposed resolution is necessary in the application process for the OSLAD grant.  Mayor Ferguson asked that the City Manager be authorized to sign the resolution.  Motion was made by Councilman Black, seconded by Councilman Carr to authorize the City Manager to sign Resolution 2008-11 a resolution of authorization regarding OSLAD Grant Application for Swimming Pool.   Roll call vote:  Councilmen Hotze, Blank, Black, and Carr.   NAYS: None.  Motion declared carried

6.      Ordinance 2008-13 – an Ordinance Amending Chapter 23 Regarding Inclusion of Boundary Survey with Variance Requests for Setbacks
Public Works Director Pruden recommended that Sec. 23-87(b)(2) of the City Code be amended to require that a boundary survey that includes monument property corners and a plat of survey signed and sealed by an Illinois Professional Land Survey be included with any setback variance request.  Councilman Carr asked if this would present a hardship to property owners.  City Manager Christie commented, yes it will cost people money, but it is important.  Following discussion, Motion was made by Councilman Black, seconded by Councilman Carr to approve Ordinance 2008-13, an Ordinance amending Chapter 23 of the City Code regarding inclusion of boundary survey with variance requests for setbacks.  Roll call vote:  Councilmen Blank, Black, Carr and Hotze.   NAYS:  None.  Motion declared carried.

7.      Ordinance 2008-14 -  Amending Chapter 20, Section 20-44 – Water Sewer Rate Increase (Options – 5% or 7.5%)
City Manager Christie presented two draft ordinances, prepared by the City Attorney, for Council consideration – one with an increase of 5% and one with an increase of 7.5% for water and sewer rates.  He recommended approval of the 7 ½% rate increase.   

Mr. Lowell Johnson, 118 Westport Drive, Salem questioned the need to raise the water and sewer rates, stating the City will have to manage better and cut costs.  

Mayor Ferguson spoke against increasing water and sewer rates and suggested other ways be found to address this issue, expressing concern for increasing costs to residents at this time.   City Manager Christie explained that to cut costs at a sizable amount, we would have to cut back on labor which would cut back on services and delays in repairs to water and sewer line breaks.  Following discussion, Motion was made by Councilman Carr, seconded by Councilman Black to approve Ordinance 2008-14, an ordinance increasing the water and sewer rates to 7 ½ % .  Roll call vote:  Councilmen Carr, Hotze, Blank, and Black.   NAYS: None.  Motion declared carried

8.      Ordinance 2008-15, an Ordinance Authorizing Issuance of General Obligation Debt Certificates to Finance Library Facilities
Finance Director Shook ahs been working with bond attorney Kurt Froehlich on financing for the library building.  The proposed ordinance would authorize the issuance of General Obligation (Limited Tax) debt certificates, series 2008, to finance library facilities for the City of Salem.  Finance Director Shook indicated that ½ of the costs for the library will be through bonds and the balance will be borrowed from a bank.  Councilmen Hotze and Blank expressed concern regarding why the Library Board does not use their money instead of borrowing money.  City Manager indicated this is the way they have chosen to finance the relocation of the Library and that they will pay the money back.  Motion was made by Councilman Black, seconded by Councilman Carr to approve Ordinance 2008-15, an ordinance authorizing issuance of general obligation debt certificates to finance library facilities.  Roll call vote:  Councilman Carr, Hotze, Blank, and Black.   NAYS: None.  Motion declared carried

9.      Ordinance 2008-16 – Prevailing Wages for Marion County  
In compliance with 820 ILCS130/9, municipalities must investigate and ascertain the prevailing rate of wages to be paid for work on public works projects and post or keep available its determination as well as file certified copy in the office of Secretary of State and the Illinois Department of Labor.  Therefore an Ordinance has been presented ascertaining the prevailing rate of wages for Marion County for the month of June, 2008.  
Motion was made by Councilman Black, seconded by Councilman Carr to approve Ordinance 2008-16, an ordinance ascertaining prevailing wages for Marion County for Public Works projects.  Roll call vote:  Councilman Hotze, Blank, Black and Carr.  NAYS:  None.  Motion declared carried

10.     Bills Payable
Bills payable listing for a total  amount of $720,149.68 for period ending June 16, 2008 was presented for Council review.   Following review period, Motion was made by Councilman Blank, seconded by Councilman Black to approve bills payable as presented, with the exception of bills payable to Joe Hotze Ford in the amount of  $244.35.   Roll call vote:  Councilman Carr, Hotze, Blank, and Black.  NAYS: None.  Motion declared carried

Motion was made by Councilman Blank, seconded by Councilman Black to approve bill payable to Joe Hotze Ford in the amount of  $244.35.   Roll call vote:  Councilman Carr, Blank, and Black  NAYS:   None.  Abstain:  Councilman Hotze.  Motion declared carried

After Reports:
11.     Executive Session – Sale and Acquisition of Real Estate

12.     Approval of Closed Session Minutes – 3/17/98, 4/07/08, 4/21/08

VII.    City Manager Report
City Manager Christie reported there are several items that were not on this agenda that need attention before the next meeting and asked Council to schedule a Special Meeting.  A Special Meeting was scheduled for Monday, June 23rd at 9:00 a.m. in the Council Chambers of City hall.  

VIII.   City Attorney Report - None

IX.     City Council Report
Councilman Carr reported the Theatre just finished a very good production; adding that Salem is very fortunate to have a facility like this and the people who put it on – it takes a lot of work.  
Councilman Hotze encouraged all economic development efforts to push for more retail sales to help bring in more sales tax monies.  

Councilman Blank  - None

Councilman Black - None

Mayor Ferguson Complimented Recreation Director Daniels and staff for the very good  “Family Day in the Park” event that was held on Saturday.

City Manager Christie reported that Director McDaneld worked with the individual to his satisfaction, who had a question on his property taxes and found that the problem was due to homestead exemption.

Library Board Member, Jane Gaston announced that the Library Board were pleased that the Library Director applied for and received a $25,000 grant to be used for construction of the re-located library facilities.  

After Reports:
1.      Executive Session – Sale and Acquisition of Real Estate
Motion was made at 8:25 p.m. by Councilman Black, seconded by Councilman Carr to enter into closed session for the purpose to discuss sale of and acquisition of real estate.  Roll call vote:  Councilman Carr, Hotze, Blank, and Black.  NAYS:  None.  Motion declared carried

Open session at 8:45 P.M.  

2.      Approval of Closed Session Minutes – 3/17/08, 4/07/08, 4/21/08
Motion was made by Councilman Carr, seconded by Councilman Blank to approve closed session minutes of March 17, 2008; April 7, 2008; and April 21, 2008 as written.  Roll call vote:  Councilman Blank, Black, Carr, and Hotze.  NAYS:  None.  Motion declared carried

X.      Adjournment
Motion was made at 8:47 p.m.  by Councilman Blank, seconded by Councilman Black to adjourn.  Roll call vote:  Councilman Black, Carr, Hotze, and Blank.  NAYS:  None.  Motion declared carried

Jane Marshall, CMC
City Clerk

Approved as written by City Council on 7/07/08