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City Council Minutes 11/17/2008
CITY OF SALEM
REGULAR CITY COUNCIL MEETING AGENDA
MONDAY, NOVEMBER 17, 2008
6:00 P.M.
I.      Call To Order
II.     Prayer and Pledge of Allegiance
III.    Approval of Minutes,  November 3, 2008
IV.     Presentation of Petitions/Public Comments
V.      Mayor’s Report and Presentations
1.      Proclamation – December as “Drunk and Drugged Driving (3D) Prevention Month”
VI.     City Council Action
1.      Consideration of Renewal of Self-Funding Health Insurance
2.      TIF #3 Grant Request Amendment – Kane Insurance Agency
3.      Discussion Only - Request from Greg Dye/Wine Rack for Special Liquor License
4.      Discussion Only – Extension of TIF for Selected Properties in TIF #1
5.      First Reading - Amending Chapter 6 of City Code, Sec. 6-108 – Sign Permit Fee Increase
6.      Amending Chapter 7 of City Code, Cemetery Grave Spaces and Opening Fees Increase
7.      First Reading – Amending Chapter 2, Defining Departments and Procedure for passage of Ordinances
8.      Second Reading – Ordinance Amending Chapter 6 of the City Code, Adopting 2006 International Building Code 2006
9.      Second Reading – Ordinance Adopting 2006 Edition of International Property Maintenance Code
10.     Estimate of Annual Tax Levy
11.     Consideration of 2009/2010 MFT Street Paving Program
12.     Bills Payable  
After Reports:
13.     Executive Session:
a.      Acquisition of Real Estate
b.      Review of Closed Session
14.     Approval of Executive Session Minutes of September 15, 2008; September 29, 2008; and October 6, 2008
15.     Resolution -  Listing Executive Session Minutes to Remain Confidential and Those to be Released
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
MONDAY, NOVEMBER 17, 2008
6:00 P.M.

I.       Call To Order
The Salem City Council met in regular session on November 17, 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 Attorney Michael R. Jones  
City Clerk Jane Marshall
Finance Director Marilyn Shook
Assistant City Manager Bev West
Public Works Director John Pruden  
Economic Development Director Tracey McDaneld
Chief of Police Ronald Campo
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 – NOVEMBER 3, 2008      
Minutes of Regular City Council Meeting of November 3, 2008 were presented for review.   
Councilman Black moved and Councilman Carr seconded the motion to approve the minutes of Regular Council Meeting of November 3, 2008 as written and waive the reading.   Roll call vote to approve the minutes of November 3, 2008 as written and waive the reading.  AYES:  Councilmen Carr, Hotze, Blank and Black.   NAYS: None.  Motion declared carried.


IV.     Presentation of Petitions/Public Comments
Jeannell Charman, 111 North Broadway addressed Council representing the Sweney Corner Committee, advising that the Committee wants to go on record that they have approved the design changes due to removal of the bricks on the outside wall of the Kane Insurance building and that they approved what Kane is doing with his building.


V.      Mayor’s Report and Presentations
Mayor Ferguson indicated that the Illinois Department of Transportation has invited the City to join Illinois in proclaiming December as “Drunk and Drugged Driving (3D) Prevention Month”.   IDOT provided a sample proclamation that has been prepared by the City Clerk and was read by Mayor Ferguson.  


VI.     City Council Action
1.      Consideration of Renewal of Self-Funding Health Insurance
City Manager Christie requested Council to consider renewing the City’s Health Insurance for employees with Benefit Administrative Systems, LLC, who is the City’s current administrator.  Mr. Abbott with BAS was present and reviewed the current year’s experience and costs and presented the renewal quotes information and answered questions.  City Manager Christie recommended approval of the renewal, as the current experience and costs are more financially beneficial than traditional insurance.  Following lengthy discussion, Councilman Blank moved, and Councilman Black seconded the motion to authorize the City Manager to execute the renewal for employee health insurance with Benefit Administrative Systems, LLC; option #1 from The Canada Life Assurance Company.  (Maximum Plan Cost $945,108.00 + $300,000 laser costs).  Roll call vote.  AYES:  Councilmen Blank, Black, Carr, and Hotze.   NAYS:  None.  Motion declared carried.  Discussion continued regarding adding employee dental insurance coverage with the conclusion being that this was not a good time to increase costs to the City and that it could be added at a later time.  
   
2.      TIF #3 Grant Request Amendment – Kane Insurance Agency
City Manager Christie advised that Council previously awarded Kane Insurance Agency a $14,046.36 TIF #3 Grant for rehabilitation of the wall and windows of their building facing Sweney Corner and during the rehabilitation process revealed four windows that were unknown at the time of the original request.  The rehab of these windows requires an expense that was unanticipated.  As a result, the owners are requesting an amendment of the original request to add $3,497.00 to offset the cost.  The windows will be bricked-in and left unpainted.  This treatment of the windows and the wall meets the approval of the Sweney Corner Committee.  He indicated, if approved by the Council, the total grant will be $17,543.36 as the Kanes are cooperating with the committee to provide electricity to the park, and the additional work follows the intent of the original grant, the City Manager recommended approval.  Mr. Bob Kane reported that he was notified just today that the contractor made a $200.00 error in his estimate, so the amount of the TIF request would be less this amount for an amount of $3,297.00.  The City’s responsibility for the wall and new found windows was discussed and Mr. Kane explained why they would not have had the problem with the windows, had the City not torn the Sweney building down.  Following discussion, Councilman Black moved, and Councilman Blank seconded the motion to approve the request from Kane Insurance Agency for additional TIF Grant amount of $3,297.00 to cover costs of additional work required due to problem with windows.  Roll call vote.  AYES:   Councilmen Black, Carr, Hotze, and Blank.  NAYS:  None.  Motion declared carried.  

3.      Discussion Only - Request from Greg Dye/Wine Rack for Special Liquor License
Mr. Greg Dye, representing the Wine Rack, 2061 West Main Street, explained they would like to expand their business to the back and put an outdoor patio in so that people could purchase a glass of wine or beer to drink on the premises and in the fenced-in area outside.  Mayor Ferguson indicated he had discussed this issue with Mr. Dye that he would like to put a 6 foot fence around the area and landscape it to look like a winery, indicating the patio is already fenced in and is grandfathered in, so there would be no problem with set-backs.  City Attorney Jones suggested creating a new category and restricting it to “one” for wine and beer.  Mr. Dye indicated that he would also like to be able to sell pre-mixed drinks.  Councilman Black expressed he has no problem with limiting this to beer and wine only, but would not want to get into mixed drinks  *hard liquor.  Mr. Dye indicated he would stay away from hard liquors.  City Attorney Jones was instructed to work on a rough draft for next meeting.  

4.      Discussion Only – Extension of TIF for Selected Properties in TIF #1
City Manager Christie and Economic Development Director McDaneld explained the possibilities of extending TIF #1 beyond its sunset in 2009 for future development; explaining we need to do something before January to meet the requirements.  Following discussion with the consensus of Council to try to extend the TIF, Ms. McDaneld indicated she could get the letters out to the other taxing bodies tomorrow.  

5.      First Reading - Amending Chapter 6 of City Code, Sec. 6-108 – Sign Permit Fee Increase
City Manager Christie indicated the fee structure for signs has not been increased since 1983 and recommended in increase in these fees to reflect the cost of administering the sign permit process for permanent and temporary signage.  This being first reading, no action was taken.  

6.      Amending Chapter 7 of City Code, Cemetery Grave Spaces and Opening Fees Increase
City Manager Christie indicated the fee structure for cemetery charges has not been changed since 1996 and recommended a sizable increase in grave space and grave opening fees.   This being first reading, no action was taken.  

7.      First Reading – Amending Chapter 2, Defining Departments and Procedure for passage of Ordinances
Mayor Ferguson asked that this item be tabled for discussion under personnel.  This item was tabled by Consensus of council.  

8.      Ordinance 2008-32 - Second Reading – Ordinance Amending Chapter 6 of the City Code, Adopting 2006 International Building Code 2006
An ordinance amending Chapter 6 of the City Code was presented for second reading.  Councilman Hotze moved, and Councilman Black seconded the motion to approve Ordinance 2008-32, an ordinance amending Chapter 6 of the City Code, adopting 2006 International Building Code 2006.  Roll call vote.  AYES:   Councilmen Carr, Hotze, Blank, and Black.  NAYS:  None.  Motion declared carried.  

9.      Ordinance 2008-33 - Second Reading – Ordinance Adopting 2006 Edition of International Property Maintenance Code
An ordinance adopting 2006 Edition of the International Property Maintenance Code was presented for second reading.  Councilman Hotze moved, and Councilman Black seconded the motion to approve Ordinance 2008-33, an ordinance adopting the 2006 Edition of the International Property Maintenance Code.   Roll call vote.  AYES:   Councilmen Hotze, Blank, Black and Carr.  NAYS:   None.  Motion declared carried.  

10.     Estimate of Annual Tax Levy
City Manager Christie reported the City is required by law to estimate the annual levy and referred to the memo drafted by Finance Director Shook and approved by him.   He recommended that the estimate remain below 5%, as has been the City’s historical practice, stating that this estimate will allow the City’s tax rate to remain the same as current, but will allow the City to take advantage of additional revenue that may accrue due to increased valuation of property.  He recommended approval of the estimate of  4.95% and indicated Staff will prepare the Tax Levy ordinance for consideration in December.  
Councilman Hotze moved, and Councilman Carr seconded the motion to approve the estimated tax levy increase of 4.95%. Mayor Fergusson suggested that the rate be lowered and only levy for the recreation and library, to help take some of the burden from the taxpayers.  Finance Director Shook explained this levy will not raise taxes, only increasing our levy to capture the anticipated growth.  If the projected growth rate does not materialize in next year’s actual EAV, the City will only receive the amount based upon our current rate.   Mayor Ferguson commented he would like to have someone explain why our taxes still go up each year.  Roll call vote.  AYES:   Councilmen Blank, Black, Carr, and Hotze.  NAYS:  None.  Motion declared carried.  

11.     Consideration of 2009/2010 MFT Street Paving Program
City Manager Christie reported that Public Works Director Pruden has provided a list of streets and related work, with costs for consideration with the target budget amount of $300,000.  Once determined, these streets will be combined with those already approved for 2008-2009 and bid in early spring for work in May or June.  Consensus of Council was to approve the streets prioritized by Public Works Director Pruden – Westgate Ave; South Maple – Main to Elm; South Marion Street – Main to Mitchell; South Marion Street – State Garage to Blair; Baldridge Lane; Guard Rail & Culvert – Kell Street and Blair Street; plus Cottonwood.  

12.     Bills Payable  
Bills payable listing for period ending November 17, 2008 for a total amount of $1,288,188.15 was presented for Council review and approval.  Following review, Councilman Hotze moved, and Councilman Blank seconded the motion to approve bills payable as presented with the exception of bill payable to Joe Hotze Ford in the amount of $375.37.  Roll call vote.  AYES:   Councilmen Black, Carr, Hotze, and Blank.  NAYS:  None.  Motion declared carried.  

Councilman Black moved, and Councilman Carr seconded the motion to approve bill payable to Joe Hotze Ford in the amount of $375.37.   Roll call vote.  AYES:  Councilmen Carr, Blank, and Black.   NAYS:   None.   Abstain:  Councilman Hotze,
Motion declared carried.  

Executive Session – After Reports

VII.    City Manager Report
None.

VIII.   City Attorney Report
None.

IX.     City Council Report
Councilman Carr questioned if the monthly finance reports were available.
Complimented Public Works Department on the leaf vac program, requesting a report regarding the costs and the revenue from this program.  
Reported the play at the theatre was excellent “My Heart in Suitcase”

Councilman Hotze commented the City should hire its own engineer to save engineering fees.  Councilman Black responded that it is hard to find engineer that has expertise in all the different fields that the projects would call for.

Councilmen Blank and Black – No Reports

Mayor Ferguson questioned the progress of the World Color water improvements.  Public Works Director Pruden indicated this project will go out for bids this winter.

Councilman Hotze commented that the Jiffy and Henderson Water Towers are rusty.

After Reports:
13.  Executive Session:
a.      Acquisition of Real Estate
b.      Review of Closed Session Minutes
c.      Mayor Ferguson added Personnel

Councilman Black moved, and Councilman Carr seconded the motion to enter into closed session to discuss acquisition of real estate and review closed session minutes.     TIME:  8:46 p.m.  
Roll call vote.  AYES:   Councilmen Carr, Hotze, Blank, and Black.   NAYS:   None.
Motion declared carried.  

Return to Open Session:   

14.  Approval of Executive Session Minutes of September 15, 2008; September 29, 2008; and October 6, 2008
Upon returning to open session Councilman Black moved, and Councilman Carr seconded the motion to approve Closed Session minutes of September 15, 2008; September 29, 2008; and October 6, 2008.  Roll call vote.  AYES:   Councilmen Carr, Hotze, Blank, and Black.   NAYS:  None.  Motion declared carried.  

15.  Resolution -  Listing Executive Session Minutes to Remain Confidential and Those to be Released
Councilman Black moved and Councilman Hotze seconded the motion to approve Resolution 2008-17, a Resolution listing Executive Session Minutes to Remain Confidential and those to be released for public inspection.  Roll call vote.  AYES:   Councilmen Hotze, Blank, Black, and Carr.  NAYS:  None.   Motion declared carried.  

Item 7.  First Reading – Amending Chapter 2, Defining Departments and Procedure for Passage of Ordinances
Mayor Ferguson asked for discussion on Item #7.  Council discussed the draft ordinance and made suggestions for changes to be made before second reading.  

This being first reading for discussion, no action was taken.   

Mayor Ferguson commented about the City Manager’s report regarding an increase in the City’s contribution to the employees IMRF, expressing concern that the city will have to make up the additional increase and suggested that the employees help make up the difference or for the City Manager to find some way to make up the difference without costing the tax payers.  

X.      Adjournment
Councilman Black moved, and Councilman Blank seconded the motion to adjourn at 10:10 p.m.   Roll call vote.  AYES:   Councilmen Carr, Hotze, Blank, and Black.  NAYS:  None.   Motion declared carried.  



Jane Marshall, CMC
City Clerk

Minutes approved as amended by City Council on December 1, 2008.
*Item VI. 3