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City Council Minutes 09/15/2008
AGENDA
CITY OF SALEM
REGULAR CITY COUNCIL MEETING
SEPTEMBER 15, 2008
6:00 P.M.

I.      Call to Order
II.     Prayer and Pledge of Allegiance
III.    Approval of Minutes,  September 2, 2008  
IV.     Presentation of Petitions/Public Comments
·       Presentation of Official Oath and Official Commission to Reserve Police Officers – Cory Parker and Rick Mallot
V.      Mayor’s Report and Presentation 
VI.     City Council Action:
1.      First Reading – Ordinance Amending Zoning – 1707 E. Main Street to RS-2 Single Family Residential  
2.      Discussion Regarding Swimming Pool Development
3.      Second Reading – Ordinance Amending Chapter 10 - Increase in Landfill Gate Fees
4.      Bid Award – 2008 MFT Bituminous Materials – RS-2 Seal Coat
5.      Bid Award – Concrete Walkway for Sweney Corner Park  (Bid Opening 9-12-08)
6.      Bid Award – 2008 PVC Gas Line Replacement  (Bid Opening 9-12-08)
7.      Police & Telecommunicators FOP Agreement   
8.      TIF #2 Development Agreements Adjustment   
9.      Discussion Regarding Ordinance Amending Chapter 23- Zoning Code – Boundary Survey
10.     Bills Payable
After Reports:
11.     Executive Session – Acquisition of Property
12.     Approval of Closed Session Minutes – August 4, 2008

VII.    City Manager Report
VIII.   City Attorney Report
IX.     City Council Report
X.      Adjournment

        Thomas F. Christie       jm
Thomas F. Christie,
City Manager
______________________________________________________________________________________________________________
MINUTES
CITY OF SALEM
REGULAR CITY COUNCIL MEETING
SEPTEMBER 15, 2008
6:00 P.M.

I.      Call To Order
The Salem City Council met in regular session on September 15, 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 David Black   
        Mayor Leonard E. Ferguson Councilman
Absent:  Councilman Harold Blank

Others Present:
City Manager Thomas F. Christie
City Clerk Jane Marshall
City Attorney Michael R. Jones  
Finance Director Marilyn Shook
Assistant City Manager Bev West
Public Works Director John Pruden  
Chief of Police Ronald Campo
Economic Development Director Tracey McDaneld
Code Enforcement Officer Brad Crow
Recreation Director Sherry Daniels
Library Director Kim Keller arrived at 7:30 p.m.
DOEM Director Terry Mulvany
Media: Salem Times Commoner, WJBD Radio, Centralia Sentential
along with members of the public.   

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 – SEPTEMBER 2, 2008
Minutes of Regular City Council Meeting of September 2, 2008 were presented for review.  Motion to approve the minutes of Regular Council Meeting of September 2, 2008 as written and waive the reading was made by Councilman Carr, seconded by Councilman Black.   Roll call vote.  AYES:  Councilmen Carr, Hotze, and Black.     NAYS: None.  Motion declared carried.

IV.     Presentation of Petitions/Public Comments
Travis Lloyd representing the Apostolic Church addressed Council announcing that they are taking a more active role in the lives of young people and are holding a free “Block Party” on Friday, September 26 at 8:00 p.m. and Saturday, September 27th from noon to 4:00 p.m. with activities and prizes for those in attendance.  He also asked that the police plan extra traffic patrol for that date.  

Mayor Ferguson announced there will be an A + Illinois School Reform meeting in Mt. Vernon on Wednesday at 6:30 regarding the upcoming referenda.  

Mayor Ferguson administered the Official Oath and presented the Official Commission to two new Reserve police Officers, Cory Parker and Rick Mallot.

V.      Mayor’s Report and Presentations
None.

VI.     City Council Action:
1.      Ordinance 2008-25 – Amending Zoning – 1707 E. Main Street to RS-2 Single Family Residential
A petition was received by the Planning Commission from Daniel Robert and Kyong Suk Hanus, 1709 East Main Street to amend the zoning of property at 1707 East Main Street to RS-2 Single-Family Residential.  Frontage of property is currently zoned B-3 Highway Business and the back portion of lot is zoned NU – non-Urban.   They have purchased the empty lot to the west of their residence with the intent of demolishing their existing home and expanding the Dairy Mart towards the lot that their home is currently located on and building a new home on the empty lot at 1707 East Main Street.  The Planning Commission recommended approval of the petition.  An ordinance was presented for Council action regarding this request.  Motion was made by Councilman Hotze, seconded by Councilman Black to approve Ordinance 2008-25, an ordinance Amending Zoning of property located at 1707 East Main Street to RS-2 Single Family Residential.  Roll call vote.  AYES:  Councilmen Hotze, Black, and Carr.  NAYS:  None.  Motion declared carried.  

2.      Discussion Regarding Swimming Pool Development
Mayor Ferguson indicated he requested this item be put on the agenda because there still seems to be some misunderstanding regarding the commitment of funds for the swimming pool, explaining there are certain State restrictions that we cannot bypass.  He indicated, Council has recognized for twenty years that the pool will need to be replaced and he doesn’t think at any time the council ever thought the city was going to be able to acquire a new city pool without putting some money into the project over and above the sales tax.

Mayor Ferguson requested that the City Council consider making up the difference in the amount of monies freed up from the Sale Tax referenda and the project costs.  He commented that the status of the OSLAD Grant is still unknown, construction costs are unknown, and fundraising is unknown.

Mayor Ferguson requested the City make a commitment to this project and also recommended that City Council review the design to see if any thing could be cut back to save some money.

Councilman Carr would like to do what ever the public wants to do and suggested conducting a satisfaction survey to find out the opinions and the priorities of the people of the community on the pool as well as other aspects of the city.

Councilman Hotze indicated he is in favor of Mayor Ferguson’s request for approving funds for the pool.  He also agreed the Council should meet and review the pool design.  

Councilman Black commented the only way to know what the costs will be is to go out for bids.  He suggested we call special meeting with the consultant and the pool committee to review the design.  

Mrs. Morrison commented, if the Council is willing to commit, people will step forward with help, if they see commitment from the City.

Discussion continued regarding the therapy pool, location of the pool, the parking lot, budget constraints, shortage of funding, and finding additional funds.  

Mayor Ferguson called for a motion.  Councilman Black commented he is not ready to vote on this matter until bids are received and we know the actual costs.

Councilman Carr commented that we can afford the outdoor pool, but not the therapy pool.  

Councilman Black suggested we meet with consultant, then go out for bids and move forward from that point.  

City Manager Christie indicated he will try to set up meeting for Monday or Tuesday of next week.

3.      Ordinance 2008-26 – Second Reading – Ordinance Amending Chapter 10 - Increase in Landfill Gate Fees
An ordinance was presented for second reading amending Chapter 10 to increase landfill gate fees.  Motion was made by Councilman Black, seconded by Councilman Carr to approve Ordinance 2008-26, an ordinance amending Chapter 10 to increase landfill gate fees.  Roll call vote.  AYES:  Councilmen Black, Carr, and Hotze.  NAYS:  None.  Motion declared carried.  

4.      Bid Award – 2008 MFT Bituminous Materials – RS-2 Seal Coat
Public Works Director Pruden explained advertisement for bids was published and one bid was received and opened on September 9, 2008 for 2008 MFT Street Maintenance Materials – RS-2 Seal Coat from Marathon Petroleum Co., LLC @ $2.4663 per gallon, which was under the engineers estimate.  He recommended approval.  Motion was made by Councilman Black, Seconded by Councilman Carr to approve acceptance of the low bid from Marathon Petroleum Co., LLC @ $2.4663 per gallon for RS-2 Seal Coat.  Roll call vote.  AYES:  Councilmen Carr, Hotze, and Black.  NAYS:  None.  Motion declared carried.  

5.      Bid Award – Concrete Walkway for Sweney Corner Park  (Bid Opening 9-12-08)
Advertisement for bids was published and one bid was received and opened on September 12 from Lipps Construction Company in the amount of $18,300.00 for the Sweney Corner Walkways Project.  Michael Quandt, P.E. with STS indicated that this bid is over 50% of the estimate and over the budgeted allowance and therefore recommended rejection of this bid and to re-bid the project.  Motion was made by Councilman Black, seconded by Councilman Carr to reject the bid from Lipps Construction Company for the Sweney Corner Walkway project.  Roll call vote.  AYES:  Councilmen Hotze, Black, and Carr.  NAYS:  None.  Motion declared carried.  

6.      Bid Award – 2008 PVC Gas Line Replacement  (Bid Opening 9-12-08)
Advertisement for bids was published and bids were opened on September 12 from two contractors for the 2008 PVC gas line replacement.  Bids were reviewed by Gas Consultant Robert Erxleben who recommended acceptance of the low bid from Utility Safety & Design, Inc. in the amount of $125,200.00, which was below the engineers estimate.  Motion was made by Councilman Black, seconded by Councilman Carr to approve acceptance of the low bid in the amount of $125,000.00 from Utility Safety & Design, Inc. for 2008 PVC Gas Line Replacement project.  Roll call vote.  AYES:  Councilmen Black, Carr, and Hotze.  NAYS:  None.  Motion declared carried.  

7.      Police & Telecommunicators FOP Agreement   
City Manager Christie reported that a member of the FOP Union contacted him this afternoon and requested this item be taken off the agenda.  Council reviewed the agreement and made some suggestions for revisions before it is brought back for approval.  No action was taken.  

Arrival of Library Director Kim Keller 7:30 p.m.

8.      TIF #2 Development Agreements Adjustment   
City Manager Christie reported that in 2006, the City designed and executed two TIF #2 Development agreements with PJ Repair and Americana Building Products and both agreements have been successful in assisting and expanding these businesses.  However, it has been found that some of the expenditures were coded to TIF line items instead of the General Fund.  Council is requested to authorize staff to make necessary adjustments so the past and future expenditures may be coded correctly.  Motion was made by Councilman Black seconded by Councilman Carr to authorize necessary adjustments to TIF #2 Development Agreements.  Roll call vote.  AYES:  Councilmen Carr, Hotze, and Black.  NAYS:  None.  Motion declared carried.  

9.      Discussion Regarding Ordinance Amending Chapter 23- Zoning Code – Boundary Survey
City Manager Christie indicated that Director Pruden  has requested this change for several years due to the concern of using information that we cannot verify based upon information taken from property owners when inspecting for variance requests for setbacks.   Councilman Black commented that he has been contracted by a property owner who wants to add a roof to her existing deck and has been required to provide a survey which may cost $2,000.  He asked why she should have to pay for a survey just to add a roof.  Director Pruden commented that the roof is the trigger for a building permit and in this particular case, the porch was within 7-8 feet of the right-of-way; he tries to treat everyone the same.  Councilman Black commented that he doesn’t agree with the roof being the trigger for building permit with survey.  City Manager Christie commented that a person could appeal to the Zoning Board if it is a real financial burden.  Assistant City Manager West commented that we get a lot of requests for small sheds, but we still don’t know where the property lines are for the setback.  Councilman Black proposed that the City Attorney change the ordinance to allow installation of a roof for a porch or carport without providing a survey.  Pruden commented that most of the smaller projects find other options.  Discussion continued regarding changing the ordinance requiring a survey based upon the costs of the structure or if it has a roof and is enclosed.  No decision was made at this time, but Councilman Black indicated he would like to see the ordinance changed.  (See Council Reports for additional comments.)

10.     Bills Payable
Bills payable listing for period ending September 15, for a total amount of $1,002,924.94, with the deletion of bill payable to The Cellular Connection in the amount of $19.99 was presented for Council approval.  Following review period, motion was made by Councilman Hotze, seconded by Councilman Black to approve bills payable with the deletion of payable to Cellular Connection in the amount of $19.99 and less bills payable to Joe Hotze Ford in the amount of $18.40.  Roll call vote.  AYES:  Councilmen Carr, Hotze, and Black.  NAYS:  None  Motion declared carried.  

Motion was made by Councilman Black, seconded by Councilman Carr to approve bills payable to Joe Hotze Ford in the amount of $18.40.  Roll call vote.  AYES:  Councilmen Black, and Carr.  NAS:  None.  Abstain:  Councilman Hotze.  Motion declared carried.  

VII.    City Manager Report
Rotomilling Airport Road and S. Hotze Road
City Manager Christie reported that Public Works Director Pruden has estimated the cost to rotomill Airport Road and S. Hotze Road could be between $14,000 and $16,000, per quotes received.  He indicated the Salem Township has agreed to help by rolling and providing an extra grader to supplement the City’s grader.  City Manager Christie asked if Council wished to move forward with this project.  Motion was made by Councilman Black, seconded by Councilman Hotze, to approve the additional costs to rotomill and prime Airport Road and S. Hotze Road.  Roll call vote.  AYES:   Councilmen Hotze, Black, and Mayor Ferguson.  NAYS:  Councilman Carr.  Motion declared carried.  
VIII.   City Attorney Report – None.  


IX.     City Council Report
Councilman Carr questioned ordinance regarding venders.   City Manager Christie responded to question if Council could prevent itinerate venders and the answer is “no”.  He reported that he had checked with three other communities who have similar ordinances to ours, most require them to register with the Police Department.  

Councilman Carr reported that he will not be able to attend the Illinois Municipal League this year and asked if those who are attending would check on information on recycling for him.

Councilman Hotze commented regarding itinerate venders and asked that this be looked into to see if there is some way the City can control them in some way; commenting it is not fair to our local merchants.  Hotze asked what is happening with First Bank.  City Manager indicated this will be discussed in closed session.

Councilman Black commented regarding the above discussed request for ordinance amendment, suggesting the wording to say that “all variance requests for setbacks are to be accompanied by a survey, excluding additions that are not enclosed”.  Public Works Director Pruden suggested the wording be changed to read “to be accompanied by a survey or reasonable evidence of the property line”.  Councilman Black agreed with Pruden’s suggestion.  The City Attorney will prepare ordinance in accordance for next meeting.   

Councilman Black commented that he really appreciates the new street light that has been placed on the curve in the park.  

Councilman Black reported the Library Board would like the sign removed from the old building and moved to the new location, could we do anything to help.  City Manager Christie commented that Director Pruden has declined having the Public Works Department from doing this because we know it is attached to the structure and don’t know what the condition would be when the sign is removed.  He advised that this work should be done by a contractor.  Director Pruden indicated he will check with a contractor on this matter.   

City Clerk Marshall reported that tomorrow, September 16th is the first day that persons may pick-up and circulate petitions for the two Council seats that will be available in May.

After Reports:
1.      Executive Session – Acquisition of Property
Motion was made at 8:37 p.m. by Councilman Black, seconded by Councilman Carr to enter into closed session for the purpose of discussing acquisition of property.  Roll call vote.  AYES:  Councilmen Carr, Hotze, and Black.  NAYS:  None.  Motion declared carried

Return to Open Session at 9:10 P.M.

2.      Approval of Closed Session Minutes – August 4, 2008
Upon returning to open session, motion was made by Councilman Black, seconded by Councilman Hotze to approve minutes of closed session of August 4, 2008 as written.  Roll call vote.  AYES:  Councilmen Hotze, Black, and Carr.  NAYS:  None.  Motion declared carried.  


X.      Adjournment
Motion was made at 9:12 p.m. by Councilman Carr, seconded by Councilman Black to adjourn.  Roll call vote.   AYES:  Councilmen Black, Carr, and Hotze.  NAYS:   None.  Motion declared carried.  



Jane Marshall, CMC
City Clerk

Approved as written by City Council on October 6, 2008.