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City Council Minutes 08/04/2008
AGENDA
CITY OF SALEM
REGULAR CITY COUNCIL MEETING
AUGUST 4, 2008
6:00 P.M.

I.      Call to Order
II.     Prayer and Pledge of Allegiance
III.    Approval of Minutes,  July 21, 2008
IV.     Presentation of Petitions/Public Comments
V.      Mayor’s Report and Presentation
1.      Resolution Supporting the City of Chicago’s Bid for the 2016 Olympic & Paralympic Games 

VI.     City Council Action
1.      Report from Sweney Corner Committee
2.      Request for use of Stage in Bryan Park on September 14th by Salem Lutheran Church
3.      Request for use of Stage in Bryan Park on October 5th by Grace Church of the Nazarene
4.      Request for Filming in Bryan Home Museum – Bill Still, Director of Royalty Productions, Inc. McLean, VA
5.      Consideration of Loan to SBIC to Acquire Property
6.      Second Reading – Ordinance Amending Chapter 10 of City Code Regarding Noise Nuisance
7.      Second Reading – An Ordinance to Regulate Storm Water Drainage and Retention
8.      Second Reading – Ordinance Amending Chapter 6 of the City Code - Increase in Building Permit Fees
9.      First Reading – Consideration of Rate Structure for Zoning Fees
10.     Supplemental Resolution – MFT Streets Maintenance  – 2008 Patch Mix
11.     Consideration of Request for Sidewalk Replacement at 900 Ohio Ave.

VII.    City Manager Report
VIII.   City Attorney Report
IX.     City Council Report
X.      Executive Session – Acquisition of Property
Approval of Closed Session Minutes of June 16, 2008 and July 21, 2008
XI.     Adjournment

Thomas F. Christie,
City Manager

_____________________________________________________________________
                                                                          MINUTES                                    
CITY OF SALEM
REGULAR CITY COUNCIL MEETING
AUGUST 4, 2008
6:00 P.M.

I.      Call To Order
The Salem City Council met in regular session on August 4, 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  
Assistant City Manager Bev West
Recreation Director Sherry Daniels
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 Larry Clark representing SBIC, Sweney Corner Committee, residents on Broughton Road and other members of the public.
Absent:  DOEM Director Terry Mulvany
             Finance Director Marilyn Shook


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 –july 21, 2008   
Minutes of Regular City Council Meeting of July 21, 2008 were presented for review.   Motion to approve the minutes of the Regular Council Meeting of July 21, 2008 and waive the reading was made by Councilman Black, 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
The following listed residents of Broughton Street came to request that the name of Broughton Street not be changed:  Lynn Easley, 533 W. Broughton; Debra Hall, 507 W. Broughton and Gloria Wetzel, 500 W. Broughton.  Councilman Carr commented that this suggestion was brought up to get feedback.  The majority of Council saw no need to change the name of the street.  


V.      Mayor’s Report and Presentations
1.      Resolution Supporting the City of Chicago’s Bid for the 2016 Olympic & Paralympic Game
Mayor Ferguson presented a resolution in support of Chicago’s bid for the 2016 Olympic and Paralympic Games, indicating that it has been supported by the Illinois Municipal League and they are asking cities in Illinois for support.   City Manager Christie commented that sometimes the cost outweighs the benefits, expressing concern that the costs may be put upon the whole state.  Councilman Blank also expressed concern about this support.  Following discussion, motion was made by Councilman Carr, seconded by Councilman Hotze to adopt the resolution in support of the City of Chicago’s bid for the 2016 Olympics.  Roll call vote.  AYES:  Councilmen Hotze, *Blank, Black, and Carr.   NAYS:  Councilman Blank.  Motion declared carried.  


VI.     City Council Action
1.      Report from Sweney Corner Committee
Jeannell Charman reported on the Sweney Corner design that was modified from the first design by the Sweney Corner Committee.    The design provided for a casual informal garden, a 99” Fountain (donated by Larry Rogers), two murals painted on sheet metal by an artist in Greenville, IL – cost $3,500; six wildcat green benches with Salem written on the back – cost $600 each; and a walking path with some grassy areas.   She indicated that electric for the park and the fountain, including five other electrical outlets, and plumbing will need to be done.  The Sweney Family will donate a sign for the southwest corner of the park.  She indicated that the committee intends to remain active and will continue to meet monthly.  There was discussion regarding the brick wall on Kane’s building and working with him on this project.  She indicated the Committee will ask for an agreement from the owners of the adjourning buildings.  Also, she indicated they would like to have an agreement  regarding acceptable use of the park, and suggested there be no signs or vendors permitted.  Also, she suggested that Mr. Dial’s permission for temporary use of the park be rescinded while the design is being implemented.     City Manager Christie indicated that the electricity will be put underground.  Mrs. Charmin asked for Council to give the Committee a 20% contingency on the budget if it comes in over the estimate.  This request to be put on the next agenda for Council action.  There were no objections to this design plan from the Council.   


2.      Request for use of Stage in Bryan Park on September 14th by Salem Lutheran Church
A request was received from Glenda Anderson representing the Salem Lutheran Church for use of the stage area in Bryan Park and the baseball field on September 14th for church services, pot luck lunch, and baseball.   Motion was made by Councilman Blank, seconded by Councilman Carr to approve the request for use of the stage and ball field in Bryan Park on September 14th by the Salem Lutheran Church and to waive the fee.  Roll call vote.  AYES:  Councilmen Carr, Hotze, and Black.  NAYS:  None.  Abstain: Blank Motion declared carried.  


3.      Request for use of Stage in Bryan Park on October 5th by Grace Church of the Nazarene
A request was received from Kevin Donoho representing the Salem Grace Church of the Nazarene for use of the stage area in Bryan Park on October 5, 2008 for a combined worship service with the Calvary Free Will Baptist Church.  Motion was made by Councilman Black, seconded by Councilman Blank.   Roll call vote.  AYES:  Councilmen Black, Carr, Hotze, and Blank.   NAYS: None.   Motion declared carried.  


4.      Request for Filming in Bryan Home Museum – Bill Still, Director of Royalty Productions, Inc. McLean, VA
A request was received from Bill Still, Director for Royalty productions, Inc., 1322 Elsimore Ave, McLean, VA 22102 to do filming a documentary film inside the Bryan Home Museum within the next few weeks.  He explained the subject will involve Bryan’s heroic stands for monetary reform in his era and will show Bryan in a very positive light.  He indicated endorsements from Nobel Prize winning former at Stanford University professor Milton Friedmann.  Motion was made by Councilman Black, seconded by Councilman Carr to approve the use of the Bryan Home for filming by Royalty Productions, Inc. contingent upon they provide an appropriate certificate of insurance.   Roll call vote.  AYES:  Councilmen Carr, Hotze, Blank and Black.  NAYS: None.  
Motion declared carried.  

5.      Consideration of Loan to SBIC to Acquire Property for Lease or Sell to WBT
City Manager Christie reported SBIC is requesting a loan from the City in the amount of $550,000 to acquire the former Stanford Products Building in order to assist a new business through a lease.  He further indicated it is anticipated that the loan may be for a two year period as the new company intends to eventually purchase the building and as the cost of the loan is less than the actual value of the building and the building is the security, he recommended approval.  Larry Clark representing SBIC discussed this loan request and answered questions.  In reply to question, he replied that the loan contract would not be signed with SBIC unless WBC provides signed contracts with vendors.  In reply to Mayor Ferguson’s question, regarding how the City would pay for the building, City Manager Christie indicated that the city could borrow the money at 3.25% and then loan it to SBIC at 4%, stating the downside is if something happens to the business, the city will end up with the building.  Following discussion, Motion was made by Councilman Black, seconded by Councilman Blank to approve the loan request contingent upon WBC providing signed contracts with their vendors.  Roll call vote.  AYES:  Councilmen Blank, Black and Carr. NAYS: None.  Abstain:  Councilman Hotze.   Motion declared carried.  


6.      Ordinance 2008-19 - Second Reading – Ordinance Amending Chapter 10 of City Code Regarding Noise Nuisance
An ordinance was presented for second reading amending chapter 10 of the City Code to regulate nuisance noise from vehicles.  Motion was made by Councilman Black, seconded by Councilman Carr to approve Ordinance 2008-19, an ordinance amending Chapter 10 to add new Section 10-74 – Noise Nuisance.   Roll call vote.  AYES:  Councilmen Blank, Black, Carr, and Hotze.  NAYS: None.  Motion declared carried.  


7.      Ordinance 2008-20 – Second Reading – An Ordinance to Regulate Storm Water Drainage and Retention
City Manager Christie recommended approval of this ordinance that is directed to new developments and provides the city with the regulatory authority to prevent damage to personal property due to storm water events.  Mayor Ferguson expressed concern for drainage problem areas along Town Creek and suggested that there be something in the ordinance to compel the city to address its drainage problems that already exist.  Following discussion, motion was made by Councilman Black, seconded by Councilman Carr to approve Ordinance 2008-20, an Ordinance to Regulate Storm Water Drainage and Retention.  Roll call vote.  AYES:  Councilmen Black, Carr, Hotze, and Blank.   NAYS:  None.  Motion declared carried.  

8.      Ordinance 2008-21 – Second Reading – Ordinance Amending Chapter 6 and Chapter 23 of the City Code - Increase in Building Permit Fees
City Manager Christie recommended approval of the ordinance Amending Chapter 6 and Chapter 23 establishing the fee structure for permits for residential and commercial primary structures, accessory buildings, mobile homes, and swimming pools.  Motion was made by Councilman Black, seconded by Councilman Carr to approve Ordinance 2008-21, an ordinance amending Chapter 6 and Chapter 23 of the City Code establishing fees.  Roll call vote.  AYES:  Councilmen Carr, Hotze, Blank and Black.   NAYS: None.  Motion declared carried.  


9.      First Reading – Consideration of Rate Structure for Zoning Fees
City Manager Christie recommended establishing the rate structure for zoning fees, for special uses, variances and zoning amendments at $100.00.  He indicated this recommendation was developed after determining the actual internal costs and comparison with those fees of nearby cities.  Being first reading, no action was taken and the Ordinance Amendment to be placed on next agenda.   


10.     Resolution 2008-12 – Supplemental Resolution – MFT Streets Maintenance  – 2008 Patch Mix
Public Works Director Pruden reported this is the 2008 annual resolution for MFT for oil and chip program at $68,000, including engineering.   Motion was made by Councilman Black, seconded by Councilman Blank to approve Resolution 2008-12, Supplemental Resolution for 2008 MFT Streets Maintenance Materials.  Roll call vote.  AYES:  Councilmen Hotze, Blank, Black, and Carr.  NAYS: None.  Motion declared carried.  


11.     Consideration of Request for Sidewalk Replacement at corner of 900 W. Main and Ohio Ave.
City Manager Christie reported that Councilman Hotze is requesting City assistance to replace the sidewalk at his property located at corner of 900 W. Main and Ohio Ave.  Christie indicated that sidewalk replacements are generally determined and budgeted by the City Council prior to the fiscal year and generally cover an entire block, street or neighborhood.  He advised that since this request is being made by a sitting Council Member, he cannot ethically make a recommendation.  

Councilman Hotze moved from his council seat and took position at podium, stating he is making request as a citizen, Joe Hotze, 1605 Hawthorn Road, he indicated that he plans to restore the Fry Building located on West Main Street and is asking the City to fix their sidewalk on Ohio Ave all the way to Pine Street.   He also asked that the sidewalk on Ohio Ave by the Catholic Church be lowered so that car doors can be opened for persons to get out of their cars.  

Councilman Black commented that he has no problem with a citizen making such a request, but because Hotze sits on the Council, he would have problem with it.   Councilman Carr commented that this request should not be given any more priority than any other sidewalk.  Following discussion, Mayor Ferguson called for a motion.   Councilman Hotze was not permitted to make a motion.  No motion was made.    Councilman Hotze responded with disappointment.  


VII.    City Manager Report
No Report


VIII.   City Attorney Report
No Report

IX.     City Council Report
Councilman Carr reported a comedy production; “Dearly Departed” will be presented at the Salem Community Theatre & Cultural Center on August 8, 9, 15, 16, with a matinee on the 10th.  


Councilman Hotze reported:
        ·       He received call from two local businesses complaining about the produce wagons that set up and sell on the streets.   (He was advised          that this is a state statute that permits persons to sell home grown/made products.)
        ·       Suggested that the pool stay open until September 1st.  (Recreation Director Daniels responded that the pool is scheduled to be open on                 week ends through Labor Day.)
        ·       American Legion Meeting is Thursday evening to determine if there is enough interest for them to stay open.  He encouraged all veterans                 and their families to attend.  

Councilman Blank reported that here are four members from Kinmundy who have indicated they may be willing to take officer positions at the Salem American Legion so they can remain in Salem.    

Councilman Black commented that the antique street lights in the park that now have been lit look very nice.
He also reported that he noticed Mr. Dial at the Courtyard Coffee House has been placing his sandwich sign on the planter in front of his business and asked that he be told to take it off the planter.  

Mayor Ferguson asked what happened with the research for camera surveillance for the park.  Chief Campo responded that he and Public Works Director Pruden will make a proposal at next meeting.  


X.      Executive Session – Acquisition of Property
Motion was made at 7:57 p.m. by Councilman Black, seconded by Councilman Blank to enter into Executive Session to discuss acquisition of property.  Roll call vote.  AYES:  Councilmen Blank, Black. Carr, and Hotze.  NAYS:  None.  Motion declared carried.  

Returned to Open Session at 8:25 p.m.

Approval of Closed Session Minutes of June 16, 2008 and July 21, 2008
Motion was made by Councilman Black, seconded by Councilman Carr to approve the closed session minutes of June 16, 2008 as corrected.  Roll call vote.  AYES:  Councilmen Blank, Black. Carr and Hotze.  NAYS: None.  Motion declared carried.  

Motion was made by Councilman Carr, seconded by Councilman Black to approve minutes of closed session of July 21, 2008 as corrected.   Roll call vote.  AYES:  Councilmen Carr, Hotze, Blank, and Black.  NAYS:  None.  Motion declared carried.  


XI.     Adjournment
There being no further business for discussion, motion was made at 8:30 p.m.  by Councilman Carr, seconded by Councilman Black to adjourn.  Roll call vote.  AYES:  Councilmen Hotze, Blank, Black, and Hotze.  NAYS: None.  Motion declared carried.  



Jane Marshall, CMC
City Clerk

Minutes Approved by City Council at 8/18/08 Regular Meeting as corrected.
*Mayor’s Report, Item 1 – Resolution Supporting the City of Chicago’s Bid for the 2016 Olympic & Paralympics Games.  NAYS:  Councilman Blank.