CITY OF SALEM
REGULAR CITY COUNCIL MEETING AGENDA
MAY 18, 2009
I. Call to Order
II. Prayer and Pledge of Allegiance
III. Approval of Minutes, May 4, 2009
IV. Presentation of Petitions/Public Comments
V. Mayor’s Report and Presentations
VI. City Council Action
1. Request for Water Skiing Exhibition on City Reservoir on June 13 – Family Day in The Park
2. Request for Community Appearance Funds – Daffy Dill Garden Club/Sharon Blair
3. Request for Use of City Property – Master Gardeners
4. Planning Commission Recommendation – Petition for Zoning Amendment – 140 Illinois Avenue
5. Resignation of Tourism Board Member – Steve Huddlestun
6. Bid Award – Mitchell Street Improvements
7. Policy for Health Insurance Incentive
8. Bills Payable
City Manager Report
VII. City Attorney Report
VIII. City Council Report
Thomas F. Christie
CITY OF SALEM
REGULAR CITY COUNCIL MEETING
MAY 18, 2009
I. Call To Order
The Salem City Council met in regular session on Monday, May 18, 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 Kip Meador
Councilman Steve Huddlestun
Councilman David Black
Mayor Leonard E. Ferguson
City Manager Thomas F. Christie
City Attorney Michael R. Jones
City Clerk Jane Marshall
Finance Director Marilyn Shook
Public Works Director John Pruden
Chief of Police Ron Campo
Assistant to the City Manager Bev West
Economic Development Director Tracey McDaneld
Code Enforcement Officer Brad Crow
Recreation Director Sherry Daniels
Library Director Kim Keller
DOEM Director Terry Mulvany
Media: Salem Times Commoner, WJBD Radio, Centralia Sentential,
Several members of the public.
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 – May 4, 2009
Minutes of Regular City Council Meeting of May 4, 2009 were presented for review. Councilman Black moved and Councilman Carr seconded the motion to approve the minutes of Regular Council Meeting of May 4, 2009 as written and waive the reading. Roll call vote. AYES: Councilmen Carr, Meador, Huddleston, and Black. NAYS: None. Motion declared carried.
IV. Presentation of Petitions and Public Comments
V. Mayor’s Report and Presentations
Recommendation for Historical Commission – Frank Brninkerhoff
Mayor Ferguson recommended Frank Brinkerhoff for appointment to the Historical Commission to fill a three-year term to April 30, 2012. Councilman Black moved and Councilman Carr seconded the motion to approve the appointment of Frank Brinkerhoff for a three-year term on the Historical Commission. Roll call vote. AYES: Councilmen Meador, Huddleston, Black, and Carr. NAYS: None. Motion declared carried.
Construction on Nonconforming Lots
Mayor Ferguson referenced a memo dated May 13, 2009 addressed to the Mayor and City Council from Bev West, Assistant to the City Manager regarding construction on nonconforming lots. The memo stated “At its February 10, 2009 meeting, the Salem Planning Commission directed that a statement be forwarded to City Council regarding construction on nonconforming lots, as follows: ‘Be it resolved that after discussion, at great length, the Planning Commission unanimously recommends that the code stand as written.’ During the February 17th City Council meeting, Mayor Ferguson requested that this be taken back to the Planning
Commission for further study.
At the March 10th Planning Commission meeting, Chairman Dennis Hampton directed me to compile a list of demolitions either completed or pending, for the past two years, along with lot dimensions, this information was provided to the Planning Commission for their May 12th meeting, and consensus was that there is a process in place to address the smaller, nonconforming lots. Any property owner who cannot meet the setback requirements in a particular zoning district has the opportunity to apply for variances through the Zoning Board of Appeals. Based on the individual circumstances, and the findings of the Zoning Board, some non-conforming lots may qualify for variances to enable development and others may simply be too small to build on.
At the conclusion of discussion, the Planning Commission directed that the original statement forwarded to City Council in February be forwarded once again, as follows: ‘Be it resolved that after discussion, at great length, the Planning Commission unanimously recommends that the code stand as written.’ Those members present were: Chairman Dennis Hampton, Jo Stallings, Jim Milano, Harold Hunzicker, Kathy Matthews, Alan Wilson, and Neal Chance.
Copies of the original letter and the demolition information are attached for your review. If you have questions regarding this matter, please contact me. Thank you.
Designated Storm Shelters
Mayor Ferguson asked Director of Emergency Management Terry Mulvany to discuss the issue of storm shelters. Mr. Mulvany reported that the City of Salem, at this time, does not have any designated storm shelters that currently meet FEMA rules and regulations regarding tornado shelters. He advised that all citizens should plan ahead of time for a safe place to go in the event of a storm. He stressed that safety is a major concern of his and his staff and that it is possible to have public shelters in the future.
VI. City Council Action
Moved to Item #4
AGENDA Item#4 – Planning Commission Recommendation – Petition for ZONING AMENDMENT – 140 Illinois Ave.
Bev West reported that the planning commission meet and heard a petition received from Rick Dilsavor, Cedarwood Development for CVS Pharmacy as applicant and for Frank Michael Purcell, P.O.A. for Pauline Purcell to amend the zoning of property commonly known as 140 Illinois Street from RS-2 Single-Family Residential to B-3 Highway Business. She stated the Planning Commission considered the preliminary Findings of Fact and did take action that a recommendation be sent to the City Council that the petition not be approved for a zoning amendment. She noted that this was by unanimous vote.
Chairman of the Planning Commission, Dennis Hampton restated that it was a unanimous decision as have been their past two decisions based upon zoning change from residential to highway business zoning. He added that another thing to consider, in a society such as us, the law abiding citizens has the opportunity not to have to speak out to protect the issue, they can stay at home knowing that laws that have been enacted will be upheld, that is what they rely on, you won’t always hear someone complaining or taking issue with what is being put forth, they are confident that it will be upheld.
Mr. Rick Dilsavor, Cedarwood Development, representative for CVS addressed Council, stating that CVS is interested in developing the location at the corner of West Main Street and Illinois Avenue. CVS has a longstanding business model of locating where it feels that it is absolutely the best location in the City and this location meets their criteria. He indicated that because they had an unsuccessful response from the Planning Commission, they are requesting that this request be tabled for four weeks so that they can further evaluate it.
Councilman Black moved and Councilman Huddlestun seconded the motion to table discussion on the petition for a zoning amendment for property located at 140 Illinois Avenue until the June 15, 2009 Council Meeting. Roll call vote. AYES: Councilmen Huddlestun, Black, Carr, and Meador. NAYS: None. Motion declared carried.
agenda Item #1 - Request for Water Skiing Exhibition on City Reservoir on June 13 – Family Day in The Park
A request was received from David M. Foreman and Ron Brushwitz to conduct a water-ski demonstration at the city reservoir on Saturday, June 13 and Sunday, June 14, 2009 in conjunction with the Family Fun Day in the Park. The purpose to introduce the public to an alternative form of recreation and increase awareness of the sport and gain local interest. Mr. Foreman addressed Council explaining the proposed event (Slalom Course) and answered questions regarding safety and insurance liability.
Councilman Black moved and Councilman Huddlestun seconded the motion to approve the request from David Foreman and Ron Brushwitz for the use of the City reservoir to conduct a water-ski demonstration on Saturday, June 13, and Sunday, June 14 in conjunction with the Family Fun Day in the Park, providing the appropriate proof of insurance and liability waiver are provided. AYES: Councilmen Black, Carr, Meador, and Huddlestun. NAYS: None. Motion declared carried.
agenda item #2 - Request for Community Appearance Funds – Daffy Dill Garden Club/Sharon Blair
Sharon Blair, representing the Daffy-Dill Garden Club reported the Annual Cost Projections for the Garden Club projects for the downtown plantings and the Bryan Statue Garden, including additional electricity for the Garden and advertising for the AAS (All American Selection gardens) designation received by the Garden Club for the Bryan Statue Gardens. Funds requested from the Community Appearance Fund was $4,135.00 for plants and supplies and an additional amount of $3,800.00 for electricity at the Garden, Hollies for downtown planters, advertising, and costs for staining/sealing downtown planters; for a grand total of $7,925.00.
City Manager Christie advised that the Community Appearance line item is budgeted at $25,000.00; and in addition to this request, $5,000.00 is allocated for Keep Salem Beautiful, some monies have already been spent on downtown plantings, and the $2,500.00 for watering downtown plants, totals around $16,000.00 of funds obligated from the Community Appearance fund.
Councilman Black moved and Councilman Huddlestun seconded the motion to approve the request from the Daffy Dill Garden Club for funding in the amount of $7,925.00 from the Community Appearance fund to be used for beautification projects at the Bryan Statue Gardens and the downtown area with the understanding that the City will also pay for the watering and spraying of these areas. Roll call vote. AYES: Councilmen Carr, Meador, Huddlestun, and Black. NAYS: None. Motion declared carried.
agenda item #3 - Request for Use of City Property for community gardens – Master Gardeners
Ms. Jackie Davis, 4924 US Highway 50 addressed Council, indicating that the Library Board has no problems with her request for use of the City property adjacent to the Library for a community garden. She reviewed the plans and explained that the plans are for use of raised planting beds. She requested funding from the City for wood and dirt for the raised gardens, lock box access to water, and the removal of two walnut trees, along with some help leveling the area. She asked that any funds that are approved be allocated to the Master Gardeners fund. Following discussion, Councilman Black moved and Councilman Huddlestun seconded the motion to approve up to $2,500 in funds for related expenses for the community garden to be located on City property adjacent to the Library building, as
requested by Master Gardner Jackie Davis. Roll call vote. AYES: Councilmen Meador, Huddlestun, Black, and Carr. NAYS: None. Motion declared carried.
agenda item #4 - Planning Commission Recommendation – Petition for ZONING AMENDMENT – 140 Illinois Avenue
This Item addressed first.
agenda item #5 - Resignation of Tourism Board Member – Steve Huddlestun
A letter dated May 5, 2009 was received from Steve Huddlestun advising of his resignation from the Tourism Board as of May 5, 2009 due to his election to the Salem City Council. Councilman Carr moved and Councilman Black seconded the motion to accept the resignation of Steve Huddlestun from the Tourism Board and to present him with a Certificate of Appreciation for his work on the Tourism Board in the past years. Roll call vote. AYES: Councilmen Black, Carr, and Meador. ABSTAIN: Councilman Huddlestun NAYS: None. Motion declared carried.
AGENDA ITEM #6 – BID AWARD – MITCHELL STREET IMPROVEMENTS
Request for bids was published and bids were opened at 2:00 p.m. on May 14th in the Council Chambers of Salem City Hall. City Manager Christie recommended that this item be tabled for two weeks to give Finance Director Shook time to review the finances. Councilman Carr moved and Councilman Black seconded the motion to table this item for two weeks until June 1st Council Meeting. Roll call vote. AYES: Councilmen Black, Carr, Meador, and Huddlestun. NAYS: None. Motion declared carried.
agenda item #7 - Policy for Health Insurance Incentive
City Manager Christie asked Council to consider the proposed policy that would authorize fixed payments each year for employees who choose to opt-out of the City’s health insurance plan in favor of Medicare or other insurance coverage. This plan would include members of the Council. During discussion, the question was brought up about how the payments would be considered – would it be considered as taxable income. If so, how would that effect the City Council in that the timing of their pay increases is regulated by the State Statutes. Councilman Black moved and Councilman Carr seconded the motion to let this Agenda Item lay-over for two weeks for further study. Roll call vote. AYES: Councilmen Black, Carr, Meador, and
Huddlestun. NAYS: None. Motion declared carried.
agenda item #7 - Bills Payable
Bills payable listing for a total amount of $830,521.94 were presented for review and approval. Following review period, Councilman Black moved and Councilman Huddlestun seconded the motion to approve bills payable as presented. Roll call vote. AYES: Councilmen Carr, Meador, Huddlestun, and Black. NAYS: None. Motion declared carried.
X. City Manager Report
City Manager Christie reported:
· the Department of Emergency Management completed the installation and testing of the downtown storm warning siren today.
· Will ask the City Council at next Council Meeting to declare the house that was deeded to the City by HUD on North Broadway as excess city property and advertise it for sale.
XI. City Attorney Report - None
XII. City Council Report
Councilman Carr reported the 2010 Census Complete Count Committee will meet again on Wednesday, May 20th. Their purpose is to help make the public aware of the benefits of being counted.
Councilman Meador and Councilman Huddlestun – No Reports
Councilman Black presented information on FEMA storm shelters and discussed a new product called “Safe Sheds” that is now available.
Chief of Police Ron Campo reported that Code Enforcement Officer Crow is now going out on Saturdays to check on garage sale signs.
There being no further business for discussion at 7:45 p.m., Councilman Black moved and Councilman Huddlestun seconded the motion to adjourn. Roll call vote. AYES: Councilmen Meador, Huddlestun, Black and Carr. NAYS: None. Motion declared carried.
Jane Marshall, CMC
Approved by City Council on June 1, 2009.