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City Council Minutes 7/07/2008
AGENDA
CITY OF SALEM
REGULAR CITY COUNCIL MEETING
JULY 7, 2008
6:00 P.M.
I.      Call to Order
II.     Prayer and Pledge of Allegiance
III.    Approval of Minutes,  June 16, 2008 and Special Meeting June 23, 2008
IV.     Presentation of Petitions/Public Comments
V.      Mayor’s Report and Presentation
1.  Proclamation – Cigarette Litter Prevention          
VI.     City Council Action
1.      First Reading – Ordinance Amending Chapter 19 of City Code Regarding Sub-Division Revision
2.      First Reading – Ordinance Regarding Golf Carts
3.      Bid Award – Police Vehicle
4.      Consideration of Creation of Position of Security Guard for Municipal Parks
5.      Sludge Hauling Contract – Metro-Ag, Inc.
6.      CDAP/RLF Loan Request – WBT, Inc.
7.      Request for Removal of Lien on Property at 1307  1306 N. Trenary
8.      First Reading – Ordinance Amending Chapter 10 of City Code – Addition to list of Definitions of Litter,  to add “Cigarette Butts”
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
JULY 7, 2008
6:00 P.M.

I.      Call To Order
The Salem City Council met in regular session on July 7, 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
Economic Development Director Tracey McDaneld
Code Enforcement Officer Brad Crow
Library Director Kim Keller
Media: Salem Times Commoner, WJBD Radio, Centralia Sentential
along with members of the public.

Absent:  DOEM Director Terry Mulvany
Assistant City Manager Bev West
Recreation Director Sherry Daniels

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 16, and Special Meeting of june 23   
Minutes of Regular City Council Meeting of June 16, 2008 were presented for review.   
Motion to approve the minutes of the Regular Council Meeting of June 16, 2008 and waive the reading was made by Councilman Carr and seconded by Councilman Black.  Roll call vote.  AYES:  Councilmen Carr, Hotze, Blank, and Black.   NAYS: None.  Motion declared carried.

Motion to approve the Minutes of Special Meeting of June 23, 2008 and waive the reading was made by Councilman Black and seconded by Councilman Carr.  Councilman Black referenced, Agenda item 1, Approval of Execution of Deed from the City to Salem Township Hospital, regarding Public Works Director Pruden’s recommendation that the City be reimbursed, as in the past, for any trees removed by the Hospital, and asked if this had been addressed with the hospital.  City Manager Christie indicated he would contact the hospital regarding this issue.  Pruden commented that in the past the city was reimbursed two trees for each tree removed.  Roll call vote.   AYES:  Councilmen Hotze, Blank, Black and Carr.   NAYS: None.  Motion declared carried.

IV.     Presentation of Petitions/Public Comments
Dale Whitney, 421 S. Castle Street complained about the brush, grass, high weeds and concrete debris in the vacant lot at 523 S. Castle.  Public Works Director Pruden indicated that the complaint has been noted and is on the schedule for clean-up and mowing.  Mr. Whitney further expressed concern for kids who are using this area to skate board and indicated it is dangerous.

Mr. Whitney also complained about a large hump in the street where the street is buckled up in front of his house that needs attention.  

Code Enforcement Officer Crow commented that the person who owns this property has been notified. He indicated that he is trying to get property owners to take care of their property before it is turned over to the city.  

V.      Mayor’s Report and Presentations
Mayor Ferguson reported he has received a lot of good comments about the fire works display on the 4th, it was a very good display with good timing.  Also, there was a large crowd who came out to see the fireworks.  
  
Proclamation – Cigarette Litter Prevention – Mayor Ferguson signed the Proclamation that was presented by Keep Salem Beautiful recognizing July, August, and September as “Cigarette Litter Prevention Months in Salem”.  

IV.     City Council Action
1.      First Reading – Ordinance Amending Chapter 19 of City Code Regarding Sub-Division Revision
City Manager Christie Noted that Page 12 of the revision references a drainage ordinance, and this drainage ordinance is being worked on and will be presented for Council approval later.  Council reviewed the proposed ordinance, discussed concerns and suggestions.  Councilman Black commented on Page 21, Public Lands – t hat instead of requiring 5% of subdivision being dedicated as public grounds, that it be determined by square feet.  This being first reading, no action was taken.

2.      First Reading – Ordinance Regarding Golf Carts
A proposed ordinance regarding permitting golf cars on city streets was presented for first reading.  City Manager Christie explained that it basically incorporates the State law requirements with the addition of seat belts for driver and passengers.  Still to be determined is the process for inspection, licensing, permit period, and fees.  

Bob Kane/Kane Insurance Agency addressed council regarding liability insurance, indicating that he has found the market to be very limited for companies who write liability insurance on golf cars; most cover golf cars under their homeowners policy and then only when used on the owner’s property and at the golf course.   Erie Insurance/Ed Smalley was the only company he found that would write liability coverage on golf cars.   Mr. Kane expressed concern if the City could be liable if the proposed ordinance is passed.  Discussion followed regarding city’s liability.  

Neil Smith/Little Egypt Golf cars discussed this issue with council, indicating that he sees golf cars being safer than mope head scooters and suggested Council go ahead and try permitting golf cars on city streets for a year and then come back and revise the ordinance.   He did not see any problem in installation of seat belts, however he had some concern about being able to leave the lights on all the time because of the pull on the batteries.  

Randy Jourdan, who recently started his own golf car business, stated permitting golf cars on city streets is a positive thing for the community.  

Council reviewed and discussed the proposed ordinance – some comments, questions and concerns listed below:   
·       Use of golf cars in city parks should be permitted
·       Problem of being able to obtain speed of 20 mph but less than 25 mph
·       Speed limit should be limited to less than 20 mph (15 mph)
·       Issue of Liability Insurance
·       Must be licensed driver to operate golf cars
·       Question regarding golf cars having lights on at all times
·       Question regarding crossing state routes – designated crossing areas
·       Should both gas and electric cars be permitted
·       If gas golf cars permitted, how would 4-wheelers, ATV’s and other vehicles be designated  
·       Permit period – one, two or three years
·       Fees ? -  suggested $35.00 for 3 years
·       Inspection Process - Who would do the inspection and where would it be done
·       Records would have to be kept
·       Inspection is part of education process
·       Councilmen Blank and Hotze suggested no inspection
·       City Attorney Jones suggested we need to inspect
·       Remove the provision for use from dawn to dusk – should be permitted to use in the evenings.
Consensus of council:
·       Remove provision for use from dawn to dusk
·       Can be used in the City Parks
·       Reduce speed limit, if possible
·       Cost of permit $35.00 for period of three years
·       
No action taken, proposed ordinance to be revised and come back for Council action.

3.      Bid Award – Police Vehicle
Request for bids was published for new 2008 police patrol package vehicle and three bids were received and opened on June 27th at Salem City Hall.  City Manager Christie advised that the City requested bids for a 4 x 4 Police patrol vehicle and after reviewing the process after bids were requested, he found that the bid specifications were copied from the State of Illinois bid sheet, the problem is these specifications are specifically for a Ford Explorer; giving Ford an unfair advantage in the bid process in meeting the specifications.  He suggested the specifications should have been written generically so that one automotive manufacturer would not have an advantage.  He recommended that Council reject the bids and authorize re-bidding based upon generic specifications.  

Councilman Hotze questioned this recommendation, commenting that if this is re-bid, Ford Square would increase the costs by $2,000 and still be the low bidder.  Mayor Ferguson asked Councilman Hotze if he had any financial interest in the city’s purchase of the police vehicle.  Councilman Hotze replied “no”.  

Motion was made by Councilman Black to reject all bids and go back and re-bid for proposals for new police vehicle package.  

Discussion continued.  Chief Campo discussed the bidding process and indicated that the specifications were based upon the state bids package.  Councilman Blank considered the possibility that Ford Square could increase their price if re-bid.  

Motion was seconded by Councilman Blank to reject all bids and go back and re-bid for proposals for new police vehicle package.  Roll call vote.  AYES:  Councilman Carr  NAYS:  Councilmen Blank, Black, and Hotze.  Motion failed.

Motion was made by Councilman Black, seconded by Councilman Blank to approve the purchase of Ford Explorer from Ford Square, Mt.Vernon , Il for a cost of $22,577.40.   Roll call vote.  AYES:  Councilmen Black, Hotze, and Blank.  NAYS:  Councilman Carr.  Motion declared carried.  

4.      Consideration for Creation of Position of Security Guard for Municipal Parks
City Manager Christie reported that Staff has made him aware of several reoccurring   problems in the city parks and called them to the attention of Council, suggested solution, and asked for other suggestions of how to protect the city assets and protect persons who use the parks.  Problems listed:
·       Increase in volume of trash in all parks in all areas
·       Misuse of shelters and tables being moved and overturned
·       Platforms being constructed inside the attic of the shelters
·       Increased vandalism, one being damage to the keystone wall in Bryan Park
·       Damage to picnic table caused by vehicle
·       Individuals spending unusual amounts of time in the parks making other persons uncomfortable
·       Problems at the skate park with continued profanity and misbehavior

City Manager Christie suggested the hiring of a security guard for the city parks for around $12.00 hourly rate, with flexible hours that would change weekly, days, nights and weekends  to be in the parks.  

Chief Campo indicated that the Police patrol the parks, but it may be difficult to do this on a regular basis because of accidents and other type calls they may have to answer.   He reported that the law has changed regarding use of reserve officers and they cannot be sent out without a full-time police officer being with them.  Chief Campo indicated he does not think security guard is the answer and suggested the installation of cameras would be the answer.  
He still advocated the use of a Skate Park Guard – (college student).  Chief Campo was instructed to come back to Council with costs of cameras and suggested locations for placement.     

5.      Sludge Hauling Contract – Metro-Ag, Inc.
Public Works Director Pruden advised that the wastewater treatment plant waste sludge hauling contract with Metro-Ag has expired and he is recommending the extension of the contract for a second year at the current rate of .034 per gallon.  Approximate annual cost of $60,000.   Motion was made by Councilman Blank, seconded by Councilman Black to approve the extension of the second year contract with metro-Ag, Inc. at the current rate of .034 per gallon.  Roll call vote.  AYES:  Councilmen Black, Carr, Hotze, and Blank.  NAYS:  None.  Motion declared carried.  

6.      CDAP/RLF Loan Request – WBT, Inc.
Economic Development Director McDaneld reported WBT, LLC, a new manufacturer of mesh point of purchase displays, to locate in the Salem Industrial Park in the former Stanford Products Building; is requesting loan money from the City’s Revolving Loan Fund to invest in needed equipment to immediately create 8 full time positions and an additional five full time positions within 3 years, for a total of 13 full time positions within 36 months.  The request is for $195,000 at 3% interest for 7 years.  She further reported that the Loan Advisory Committee has recommended the CDAP/RLF loan subject to the following conditions being met:
·       Formal release of funds form State of Illinois
·       Meeting required LMI (low to moderate income) requirements of 51%
·       Securing conventional loan for $675,000
·       Owner injection of $500,000
·       Personal guarantee
·       Satisfactory junior position on collateral (equipment)
Motion was made by Councilman Carr, seconded by Councilman Black to approve the request from WBT, LLC for a CDAP/RLF loan in the amount of $195,000 at 3% interest for 7 years, subject to the above listed conditions being met.  Roll call vote.  AYES:  Councilmen Carr, Hotze, Blank and Black.  NAYS:  None.  Motion declared carried.   NAYS:  None.  Motion declared carried.  

7.      Request for Removal of Lien on Property at 1307 1306 N. Trenary
City Manager Christie indicated that Mrs. Donna Shoemaker, who lives at 1307 N. Trenary, asked that he bring to Council that she is desirous of purchasing three lots across the street from her address (1306 N. Trenary) and is asking to have the lien issued by the City on this property removed or waived.  Council discussed that this transaction would provide property tax.  Public Works Director Pruden commented that in the past, the City has removed the soft costs, (costs of mowing and cleanup) but not the hard costs (costs for demolition, etc.)  following discussion, motion was made by Councilman Blank, seconded by Councilman Black to waive the lien at 1306 N. Trenary, contingent upon Donna Shoemaker purchasing the property.  Roll call vote.  AYES:  Councilmen Hotze, Blank, Black, and Carr.  NAYS:  None.  Motion declared carried.  

8.      First Reading – Ordinance Amending Chapter 10 of City Code – Addition to list of Definitions of Litter,  to add “Cigarette Butts”
In regard to a Tobacco Litter prevention Program through Keep America Beautiful, and $1,500 grant received, a suggestion was presented by Jane Marshall, President of Keep Salem Beautiful to amend Chapter 10, Section 10-46. Definitions of the City Code, to include “cigarette butts” to call attention to smokers that cigarette butts are litter too.  Council discussed this request and determined that it was sufficiently covered in the ordinance and the addition would be redundant, they saw no need to include additional descriptions of litter to the ordinance.   Motion to amend Chapter 10 of the City Code to include “cigarette butts” in the definition of litter was made by Councilman Carr, seconded by Councilman Black.  Roll call vote.  AYES:  Councilmen Carr and Councilman Blank.  NAYS:  Councilmen Hotze, Black, and Mayor Ferguson.  
Motion failed.   

II.     City Manager Report
City Manager publicly thanked Public Works Director Pruden, his staff, Assistant City Manager West, as well as all others who helped with the fireworks display on the 4th,  commenting that it was an excellent display.  He also thanked Assistant Public Works Director Brushwitz and City Clerk Marshall for overseeing the placing of the flags and buntings on city hall and the downtown area for the 4th of July.  

III.    City Attorney Report - none

IV.     City Council Report
Councilman Carr also commented on the good fireworks display.  He also commented on the Proclamation, proclaiming July, August and September as Cigarette Litter Prevention Months in Salem.  

Councilman Hotze
Councilman Hotze commented about the good fireworks display.  He also commented on the downtown planter boxes and complimented the Garden Club and Keep Salem Beautiful for all their work on the plants in the planters and hanging baskets.   

Councilman Blank
Councilman Blank reported he has received complaints about dogs being in the park, especially in the playground area, and suggested that fenced in area be provided for people to put their dogs in while at the park.  Councilman Black suggested that dogs be prohibited from the playground area.

Councilman Black
Also commented that the flowers are looking good in the downtown planters.  

Mayor Ferguson commented on several issues:
·       Jefferson Street ruts by the church
·       Does City own vacant lots that could be sold to help generate property taxes
·       When will house be torn down on lot donated to City located by Central School
·       Bryan Park looked very good for the fireworks, noting there was a big crowd in attendance this year
·       191 people toured gardens during the Daffy Dill Garden Club’s garden tours on Saturday, June 28th and a lot of good comments were received about the Bryan Statue area, making for a very successful day.  

V.      Adjournment
Motion to adjourn was made at 8:00 pm by Councilman Carr and seconded by Councilman Black.   Roll call vote.  AYES:  Councilmen Carr, Hotze, Blank, and Black.  
NAYS: None.  Motion declared carried.


Jane Marshall, CMC
City Clerk

Minutes approved as written by City Council on July 21, 2008.