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City Council Minutes 01/19/2009
6:00 P.M.

I.      Call to Order
II.     Prayer and Pledge of Allegiance
III.    Approval of Minutes, January 5, 2009
IV.     Presentation of Petitions/Public Comments
V.      Mayor’s Report and Presentations
VI.     City Council Action
1.      Engineering Agreement – MFT Streets Resurfacing
2.      Ordinance – Re-Zoning 1306 S. College from Single Family Residential (RS-2) to Highway Business (B-3) Classification
3.      Reconsideration of Extension of TIF #1 for Selected Properties
4.      Bills Payable
After Reports:
5.      Executive Session:
a.      Pending Litigation
b.      Consideration of Acquisition of Property
6.      Approval of Closed Session Minutes of January 5, 2009
VII.    City Manager Report
VIII.   City Attorney Report
IX.     City Council Report
X.      Adjournment

Thomas F. Christie,
City Manager
JANUARY 19, 2009
6:00 P.M.

I.      Call To Order
The Salem City Council met in regular session on January 19, 2009, 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 to City Manager Bev West
Economic Development Director Tracey McDaneld
Chief of Police Ronald Campo
Code Enforcement Officer Brad Crow
Recreation Director Sherry Daniels
Media: Salem Times Commoner, WJBD Radio, Centralia Sentential, and members of the public.
DOEM Director Terry Mulvany
Public Works Director John Pruden  
Library Director Kim Keller

II.     Prayer and Pledge of Allegiance
Opening prayer led by Councilman Carr, followed by the Pledge of Allegiance to the Flag.  

III.    Approval of Minutes – january 5, 2009     
Minutes of Regular City Council Meeting of January 5, 2009 were presented for review.  
Councilman Carr moved and Councilman Black seconded the motion to approve the minutes of Regular Council Meeting of January 5, 2009 as written and waive the reading.   Roll call vote.  AYES:  Councilmen Carr, Hotze, Blank and Black.   NAYS: None.  Motion declared carried.
IV.     Presentation of Petitions and Public Comments
Janice Donoho, 107 W. Main, Salem’s Lots, along with Tillie and Fern Donoho, owners of Salem’s Lots (primarily used book store) were present.  Janice Donoho addressed Council stating “they feel they are being strong armed into business decisions that will make their family business fail”.  She referred to an e-mail from City Manager Christie received today.  She indicated, to save money, they recently began to remodel their building to incorporate living quarters on the second floor.  She stated that about 90% of their business is from the internet sales.  She asked for additional time to complete their remodeling project and that the requirement for an architect be reconsidered.  City Manager Christie responded that his e-mail was a result of a six-month waiting period provided to the Donoho’s to obtain a Special Use Permit for residential use of upper floors at 107 W. Main Street.  He indicated that others in the downtown area have complied with the ordinance regarding special use of downtown buildings and suggested that the Donoho’s begin the application process.  Mr. Tillie Donoho addressed Council commenting that several years ago before the TIF district was developed, he came before Council asking for reconsideration of time.  There was discussion regarding the need of a certified architectural drawing before the Special Use Permit can be issued.  Mr. Donoho commented they will discontinue the use of the upstairs residence at this time.  Mayor Ferguson suggested they go ahead and start the process and meet with Public Works Director Pruden regarding what is needed. Councilman Black commented the drawings are required because of the structure.  ***City liability and the Code requirements.  Councilman Carr commented, it is important to have businesses downtown and to have people living upstairs and it is also important that it is a safe place for them to live.  Councilman Blank agreed, let them have a chance to take care of this and stay in business.  

Bryon Crompton, 5836 Highway 50 East, Salem, Canadian Geese  
Mr. Crompton, along with several other water fowlers/ Ducks Unlimited, addressed Council regarding what they defined as “harassment of federal migratory birds”.  He mentioned he noticed there has been shaking of eggs and also shooting of bottle rockets at the birds.  He commented that geese can be relocated by other legal methods and asked that the City stop scaring the geese for the next couple weeks until something else can be worked out.  City Manager Christie indicated that the City does have a permit from Illinois Department of Natural Resources for destruction of Canada goose nests and eggs to discourage geese from staying on the city reservoir.  He also indicated that shooting of bottle rockets/pyrotechnics is another federal and state allowance for managing the geese population.  He explained the reason for this recent action was that water treatment plant employees, in their normal testing, noticed a huge increase in cryptosporidium, a very nasty bacteria that manages to incase itself in a protective shell.  It cannot be treated with chlorine; the only by to treat it is with very expensive ultra violent technology, which the water treatment plant does not have.  If these bacteria get into a persons intestinal tract, it not only causes intestinal distress, but can lead to death.  City employees are simply trying to protect the public.  

V.      Mayor’s Report and Presentations
Mayor Ferguson read in its entirety the State of the City Message reviewing the activities of 2008 and providing an overview of 2009 expectations.  

VI.     City Council Action
1.      Engineering Agreement – MFT Streets Resurfacing
A Preliminary/Construction Engineering Services Agreement for the 2009 MFT Street Improvement Program 08-00069-00-RS (addendum) was presented for Rhutasel and Associates in an amount not to exceed $13,500.00.  Work including resurfacing Westgate Ave (Whittaker – W. Main); S. Maple Street (W. Main – Elm); S. Marion Street (W. Main – Mitchell) and (State Garage – Blair); Cottonwood Subdivision (various PCC Streets)  Reconstruction:  Baldridge Ln. (Wal-Mart Ent.).  City Manager Christie recommended approval.  Councilman Black  moved and Councilman Carr seconded the motion to approve the engineering agreement with Rhutasel and Associates for MFT Street Maintenance Program for a cost not to exceed $13,500.00.   Roll call vote.  AYES:  Councilmen Hotze, Blank, Black and Carr.   NAYS:  None.  Motion declared carried.

2.      Ordinance – 2009-02 – Re-Zoning 1306 S. College from Single Family Residential (RS-2) to Highway Business (B-3) Classification
City Manager Christie reported the Salem Planning Commission recently considered a request to rezone property located at 1306 S. College from RS-2 Single Family Residential to B-3 Highway Business and has forwarded to the City Council a recommendation to deny the request.  He indicated that Council has two options, first – to concur with the recommendation of the Planning Commission and deny the rezoning; or second – to approve the rezoning.  He commented this issue is complex and difficult; previous to the current zoning, the subject property was zoned as commercial use and it ceased functioning as commercial use.  It is now “non-conforming” in the RS-2 district.  He indicated that overturning the Planning Commission will set a precedent and probably lead to similar petitions in the future that may not be as clear and more intrusive.  City Manager Christie recommended denial of this request.  
Councilman Carr questioned – has similar requests come before Commission; he was advised that the building located at corner of S. College and W. Whittaker and a building that was once zoned for a church use on S. College St. have been denied rezoning in the past.  

Dennis Hampton, Chairman of Planning Commission commented that the Commission looks at all the businesses contained in a B-3 District, and not just what is being proposed at that time - they try to protect the integrity of the neighborhood as provided by the City’s Comprehensive Plan that was approved by the City Council.  

Mr. Hampton explained about eight years ago this property was used by Illini Seed, Company operating out of this location, it was a permitted, grandfathered usage within the residential area; (Non-conforming business) and it could continue as long as it was that, but once that changed, then according to the ordinance, it has to conform to the zoning in place.  

Councilman Black commented that the Planning Commission does a good job, but he disagrees with their decision on this request; commenting there were no objections from the neighbors and the Little League Assoc.  

City Manager Christie indicated he sees no problem with a bait shop, however if it is rezoned to B-3, it could be used for any kind of business and some other business may be more intrusive to the neighborhood.  

It was suggested that the City Attorney look into this issue and report back in two weeks of another possible solution to this request.

Mayor commented that some time back, council approved the denial recommended by the Planning Commission to change zoning of property at corner of College and Whittaker, to approve this request would be unfair to the other property owners.   

Mr. Watson asked what his options are, if his zoning request is denied and what are the implications on his business if bait shop moves out, will he have to come back and ask for a permit if his renter changes to a beauty shop or something else.  He indicated it has always been commercial property and all of the other owners never knew it would change.  Councilman Blank commented he has looked at this property and believes a bait shop would be an asset to the neighborhood.  Mr. Watson asked Council to make a decision tonight regarding the re-zoning so he will know what to plan.  

Following lengthy discussion, Motion was made by Councilman Hotze, seconded by Councilman Blank to approve Ordinance 2009-02, an ordinance rezoning property to B-3 Highway Business.  Roll call vote.  AYES:  Councilmen Blank, Black, and Hotze.  NAYS:  Councilman Carr.  Motion declared carried.  
Councilman Black commented we need to discuss how this will affect other businesses in Salem.  Mr. Hampton suggested the zoning commission could review the issue and come back to council with a recommendation.  

3.      Reconsideration of Extension of TIF #1 for Selected Properties
City Manager Christie reported that Councilman Carr requested this agenda item because he feels reconsideration is proper in that the City has not received total support for the extension from the affected taxing entities.  Council is requested to vote for or against the extension as a matter of record.  City Manager Christie indicated that he and Economic Development Director McDaneld are neutral regarding the issue.  He indicated that they recognize there is some limited value in extending the TIF on these properties; they do not feel that the extension on these properties is essential.   Councilman Carr commented, we were told we needed the support of all taxing bodies in this TIF District before we could go forward with it.  Economic Development Director commented that we do not have support of all the taxing bodies.  Councilman Carr moved and Councilman Black seconded the motion to discontinue actions to extend TIF #1 and let it sunset.  Roll call vote.  AYES:  Councilmen, Black, Carr, and Blank.  NAYS:  None.   Abstain:  Councilman Hotze.  Motion declared carried.   

4.      Bills Payable
Bills payable listings for period ending January 19, 2009, for a total amount of $983,205.61 were presented for review.  Following review period, Councilman Black moved and Councilman Hotze seconded the motion to approve bills payable listing as presented.  Roll call vote.  AYES:  Councilmen Carr, Hotze, Blank, and Black.  NAYS:  None.   Motion declared carried.

After Reports:
5.      Executive Session - Pending Litigation and Consideration of Acquisition of Property
At 9:10 p.m. Councilman Black moved and Councilman Blank seconded the motion to enter into closed session to discuss pending litigation and consideration of acquisition of property.  Roll call vote.  AYES:  Councilmen Carr, Hotze, Blank and Black.  NAYS:  None.   Motion declared carried.

VII.    City Manager Report
City Manager Christie reported:
        1.      Department of Emergency Management has received a CERT grant in the amount of $6,000.00
        2.      He has been in contact with IDOT about directional signs and has found that they have conditions and limits on signage that are permitted on right-of-way               of State Routes.   Mayor Ferguson and Councilman Black commented the signage issue needs to be addressed, we need to put up directional signs.
        3.      Self-funded insurance ended year with balance of $80,780.00.

VIII.   City Attorney Report

IX.     City Council Report
Councilman Carr commented about budget billing for utility billings and asked when the Utility Department would be making adjustments since the gas bills have not been as high as was originally expected and budgeted for.  Ms. West commented that this will be done next month and that customers who have inquired about having a large credit balance have been worked with individually.  

Councilman Hotze commented:
        1.      on how important the Airport is to our community and suggested the City try to work with them to improve the services
        2.      about IMRF funds
        3.      New Swimming Pool Design – expressed concern about the relocation of slide

Councilman Blank

Councilman Black

Mayor Ferguson
Commented about the IMRF funds that have lost money and that they are considering increasing the employer contributions to help make up for the loss.    

Return to Open Session at 9:40 p.m.

6.       Approval of Closed Session Minutes of January 5, 2009
Councilman Black moved and Councilman Blank seconded the motion to approve the Closed Session Minutes of January 5, 2009 as written.  Roll call vote.  AYES:  Councilmen Hotze, Blank, Black and Carr.  NAYS:  None.  Motion declared carried.

X.      Adjournment
There being no further business for discussion at 9:45 p.m., Councilman Black moved and Councilman Blank seconded the motion to adjourn.  Roll call vote.  AYES:  Councilmen Blank, Black, Carr and Hotze.   NAYS:  None.  Motion declared carried.

Jane Marshall, CMC
City Clerk

Minutes approved by City Council on 2/02/2009 as corrected.