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City Council Minutes 09/02/2008
AGENDA
CITY OF SALEM
REGULAR CITY COUNCIL MEETING
TUESDAY, SEPTEMBER 2, 2008
6:00 P.M.
I.      Call to Order
II.     Prayer and Pledge of Allegiance
III.    Approval of Minutes,  Aug 18, 2008 & Special Workshop Aug 19, 2008  
IV.     Presentation of Petitions/Public Comments
V.      Mayor’s Report and Presentation 
VI.     City Council Action:
1.      Second Reading – Ordinance Amending Chapter 20 – Utility Service Fees
2.      Second Draft Agreement between City of Salem/Sweney Corner Committee and David & Judith Dial, dba Courtyard Coffee House and Charles Kane & Robert Kane, dba Kane Insurance Agency
3.      Proposal for Redesign of Subpart C Unit (Active Landfill) by STS
4.      Reconsideration of CDAP Loan to WBT due to Change in Conditions
5.      First Reading – Increase in Landfill Disposal Rates
VII.    City Manager Report
VIII.   City Attorney Report
IX.     City Council Report
Executive Session –  None
X.      Adjournment

Thomas F. Christie,
City Manager
______________________________________________________________________________________________________________________________________                                            MINUTES                                    
CITY OF SALEM
REGULAR CITY COUNCIL MEETING
TUESDAY, SEPTEMBER 2, 2008
6:00 P.M.

I.      Call To Order
The Salem City Council met in regular session on September 2, 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
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 members of the public.
Absent:  DOEM Director Terry Mulvany
             Assistant City Manager Bev West

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 – august 18, 2008 & work session of august 19, 2008   
Minutes of Regular City Council Meeting of August 18, 2008 were presented for review.   Councilman Carr requested the addition of the following:  “Mr. Stanford was advised that the reason he was requested to provide a personal guarantee was because in his request, equipment was being used for collateral instead of real property.”   Motion to approve the minutes of the Regular Council Meeting of August 18, 2008 as amended and waive the reading was made by Councilman Hotze, seconded by Councilman Blank.  Roll call vote.  AYES:  Councilmen Hotze, Blank, Black and Carr.   NAYS: None.  Motion declared carried.

Minutes of the work session of August 19, 2008 regarding TIF #1 Sunset Procedure was reviewed by the City Council.

IV.     Presentation of Petitions/Public Comments
Mayor Ferguson requested that the City Manager have signage assessment preformed regarding directional signage from the entrances to the City, and at I-57 and the intersection of Broadway and Main to assist motorist find their destination to the business district, elementary and high schools, Bryan Park, Salem Community Activities Center, Country Club, Little League Complex, East Lawn Cemetery, Marion County Courthouse, Salem Armory, etc.   He also noted that no signage has been added to Bryan Park concerning phone numbers to call in case of problems at the park and the lack of “No Littering” signs.    Councilmen Black and Blank agreed it is a good idea, especially for special events.  Councilman Carr expressed concern regarding IDOT signage regulations.  

Councilman Hotze reported that he has received questions from several business people asking why the City allows the sale of produce on West Main Street and suggested the City adopt an ordinance to address this issue.  Code Enforcement Officer Crow indicated that the State regulates sales of agricultural products and the City cannot license or collect sales tax from agricultural sales.  He has checked with these people and was told that they grow the produce on 13 acres in St. Peter.  City Attorney Jones indicated that the law will not allow the City to prohibit itinerate vendors.   The law will only allow the City to regulate them and the City has in the past excluded things that are home-made or home grown from the license fee.  

V.      Mayor’s Report and Presentations
Mayor Ferguson reported that a meeting has been called for 6:00 p.m., Monday September 8, 2008 in the Council Chambers of Salem City Hall to discuss fund raising for the swimming pool.

XI.     City Council Action:
1.      ORDINANCE 2008-24 - Second Reading – Ordinance Amending Chapter 20 – Utility Service Fees
An ordinance amending Chapter 20 of the Salem City Code to increase utility service fees was presented for final action.  There was some discussion regarding changing the Utility Security Deposit for water and gas to a non-refundable fee.  City Manager Christie suggested to leave it as it is, as a deposit that will be returned as an encouragement for people to keep their account balances paid.  Motion was made by Councilman Black, seconded by Councilman Carr to approve Ordinance 2008-24, amending Chapter 20 of the City Code to increase Utility Service fees and deposits.   Roll call vote.  AYES:  Councilmen Blank, Black, Carr, and Hotze.   NAYS:  None.  Motion declared carried.  

2.      Second Draft Agreement between City of Salem/Sweney Corner Committee and David & Judith Dial, dba Courtyard Coffee House and Charles Kane & Robert Kane, dba Kane Insurance Agency
A second draft agreement between the City/Sweney Corner Committee and the adjoining property owners of Sweney Corner providing for easements that will afford the City control regarding the future appearance and use of Sweney Corner was presented for Council review.   City Manager Christie indicated, upon Council approval and approval of property owners, easements will be drafted to give the City authority to monitor Sweney Corner.  Councilman Carr expressed concern about the wording of the proposed draft agreement indicating that the agreement appears to be one-sided in favor of the city.  The City Attorney indicated that this draft agreement is only a starting point and may be changed.  Consensus was to take this draft agreement to the adjoining property owners for additional revisions.  

3.      Proposal for Redesign of Subpart C Unit (Active Landfill) by STS
Public Works Director Pruden explained that several years of negotiating with IEPA have failed for approval to fill a valley between the D and C cells with trash – IEPA will not allow us more air space for trash with out going through a re-siting.   He explained we believe IEPA will allow us to do an air swap exchange and that is what the proposed design entails.   Following discussion, motion was made by Councilman Black, seconded by Councilman Carr to accept the conditions and authorize the scope of work described in the letter of proposal dated August 19, 2008 with STS for engineering services for the redesign of the Subpart C Unit of Landfill #2 for a cost not-to-exceed $11,600.00.   Roll call vote.  AYES:  Councilmen Black, Carr, Hotze, and Blank.  NAYS:  None.  Motion declared carried.  

4.      Reconsideration of CDAP Loan to WBT, LLC due to Change in Conditions  
City Manager Christie commented that since the CDAP loan request to WBT, LLC in the amount of $195,000 was approved by Council in July, one condition has changed – the condition for WBT to secure a conventional loan in the amount of $675,000.  He indicated that the principals of WBT will not need $675,000 from conventional financial institutions and are seeking smaller loans in the amount of $195,000 from SCIRP&DC and $195,000 from a local bank who will share first lien and $195,000 from the City with the City taking 2nd lien position.   WBC, LLC will still provide $500,000 owner cash and personal guarantee.   

Mayor Ferguson expressed opposition to the City being asked to take 2nd position on the lien.   Although other Council members also did not agree with the City having 2nd position on the lien, discussions indicated that since Council has gone this far in trying to help this company locate here, they should go ahead and approve this change in the loan agreement.  

Motion was made by Councilman Carr, seconded by Councilman Black to approve the CDAP/RLF loan request as amended to WBT, LLC in the amount of $195,000 at 3% for 7 years, with the City taking 2nd position on the lien.   Roll call vote.  AYES:  Councilmen Carr, and Black.   NAYS:  Councilman Hotze.   Abstain:  Councilman Blank (Councilman Blank serves on the SCIRP&DC Board) Mayor Ferguson did not vote.  Motion declared carried.    

5.      First Reading – Increase in Landfill Disposal Rates
City Manager Christie presented a listing of the current landfill gate charges along with his recommendation to increase each by $1.50 per ton and to bring an ordinance amendment back at next Council Meeting for second reading.  Discussion continued.  This being first reading, no action taken.

XII.    City Manager Report
None.

XIII.   City Attorney Report
None.  

XIV.    City Council Report
Councilman Carr reported there were a lot of activities going on in Salem this weekend – the Blue Grass Festival, Antique Power Days, and Super Cruise.  

Councilman Hotze requested that two streets be rotomilled  – Airport Road from Mills Cart Road to Boone Street and Hotze Road South to the Quad County Concrete Plant.  Following discussion and with Finance Director Shook indicating there should be finances available to do this,  Motion was made by Councilman Hotze, seconded by Councilman Blank to rotomill Airport Road from Mills Cart Road to Boone Street and Hotze Road south to the Quad County Concrete Plant.  Roll call vote.  AYES:  Councilmen Hotze, Blank, and Black.  NAYS:   Councilman Carr.  Motion declared carried.  

Councilman Blank
None.

Councilman Black commented that the traffic from the concrete trucks is most of the problem with South Hotze Road.  

Adjournment
There being no further business for discussion at 7:20 p.m., motion was made by Councilman Blank, seconded by Councilman Black to adjourn.  Roll call vote.  AYES:  Councilmen Blank, Black, Carr, and Hotze.   NAYS:  None.  Motion declared carried.  


Jane Marshall, CMC
City Clerk
Approved as written by City Council on September 15, 2008.