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City Council Minutes 6/15/2009
AGENDA
CITY OF SALEM
REGULAR CITY COUNCIL MEETING
JUNE 15, 2009
 6:00 P.M.

I.      Call to Order
II.     Prayer and Pledge of Allegiance
III.    Approval of Minutes,  June 1, 2009
IV.     Presentation of Petitions/Public Comments
V.      Mayor’s Report and Presentation
VI.     City Council Action
1.      Planning Commission Recommendation – Petition for Zoning Amendment – 140 Illinois Avenue
2.      Request for Use of Bryan Statue Area of Bryan Park for 4th Annual Garden Treasures Tour Event by Daffy Dill Garden Club
3.      Request for Use of Softball Fields by Apostolic Church  for Adult Softball Tournament on July 18, 2009
4.      First Reading - Ordinance Amending Chapter 20 Regarding Unauthorized Use of Water and Gas Utilities
5.      Request from SBIC to Remove #7 Carpenter Drive (owned by SBIC & Leased to WBT) from TIF #2
6.      Approval of Permit to Conduct Public Fireworks Display on July 4th
7.      Ordinance – Prevailing Wages for Marion County  
8.      Bills Payable
After Reports:
9.      Executive Session – 5ILCS 120/2( c)(5) Sale of Property
10.     Approval of Closed Session Minutes -6/01/09

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
 JUNE 15, 2009
6:00 P.M.

I.      Call To Order
The Salem City Council met in regular session on Monday, June 15, 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
Others Present:
City Manager Thomas F. Christie
City Attorney Michael R. Jones  
City Clerk Jane Marshall
Finance Director Marilyn Shook
Public Works Director John Pruden  
Economic Development Director Tracey McDaneld
Code Enforcement Officer Brad Crow
Chief of Police Ron Campo
Recreation Director Sherry Daniels
Library Director Kim Keller
Assistant to the City Manager Bev West
Media: Salem Times Commoner, WJBD Radio, Centralia Sentential  
Several members of the public.   
Absent:
 DOEM Director Terry Mulvany


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 – JUNE 1, 2009
Minutes of Regular City Council Meeting of June 1, 2009 were presented for review.  Councilman Carr moved and Councilman Black seconded the motion to approve the minutes of Regular Council Meeting of June 1, 2009 as written and waive the reading.  Roll call vote.  AYES:  Councilmen Meador, Huddleston, Black and Carr.
NAYS: None.  Motion declared carried.

IV.     Presentation of Petitions and Public Comments
None

V.      Mayor’s Report and Presentations
Mayor Ferguson commended Steve Huddlestun, Tracey McDaneld, Bob Haney, the Tourism Board, and all others who were successful in bringing the World Coon Hunt to Salem in October, which will be of a big benefit to the community.  

VI.     City Council Action
1.      Planning Commission Recommendation – Petition for Zoning Amendment – 140 Illinois Avenue
City Manager Christie commented that this item had been tabled at previous Council Meeting and he reviewed - the Planning Commission has forwarded a recommendation to deny the petition to re-zone property at 140 Illinois Avenue from RS-2 Single Family Residential to B-3 Highway Business.  The re-zoning was petitioned to allow additional property for the proposed CVS Development.  He stated, in his opinion, Council has two options, one, to agree with the recommendation of the Planning Commission and deny the petition to re-zone based upon the Findings of Fact as printed in the packet and forwarded by the Planning Commission; or two, Council as the final authority, could reject the recommendation of the Commission and vote to approve the petition for re-zoning.  Per City Code, because objecting property owners represent over 20% of the adjacent frontage, the vote to re-zone will require a 2/3rds vote of the Council, or 4.  

Mr. Rick Dilsavor, Cedarwood Development, addressed council regarding request for re-zoning for development of CVS and responded to concerns heard from last Council Meeting and also citizen concerns.  Mr. Frank Wright, engineer with Reinke Group was also present for comments.  A petition was presented with approximately 200 signatures of persons from Salem and the surrounding area - stating “I support the construction of a new CVS store on the northeast corner of Main and Illinois and direct my locally-elected officials to provide whatever support and approvals necessary to ensure this new development occurs as quickly as possible.”

Discussion was heard regarding granting the re-zoning contingent upon CVS locating at the corner of Main and Illinois Street; however City Attorney Jones did not recommend putting a contingency on the re-zoning amendment.  
  
Rick McCullum, 420 North Indiana spoke in opposition to the rezoning, because he believes it will de-value the surrounding property and will increase traffic problems.  He indicated that the Planning Commission has experience in this area and they have denied the request.  

Dennis Hampton, Chairman of the Planning Commission, 406 Broughton Road, explained that the Commission does not re-zone property due to the presentation, but by criteria that has been established and review of “findings of fact”.  He explained the Commission considers the issue step by step and take all into account and their decisions are not based upon who, but where.  

Becky Roddy, 747 Reel, spoke in favor of re-zoning property located at 114 Illinois Avenue for CVS to locate.

Cindy Ingram, D J Party Liquors, West Main Street, spoke against the re-zoning, indicating that eight years ago, their request for re-zoning property behind their store was denied.   She expressed concern that the traffic will be worse.  

David Worman, Effingham, owner of X-L Car Wash, commented that he should the sale close on his property for CVS development; he plans to relocate the carwash to another location in Salem.

Councilman Huddlestun asked if the re-zoning is approved, will this be a done deal.  The representative from CVS indicated that unless there is some unforeseen unreasonable expense that comes up, CVS will be there.

Following lengthy discussion, Councilman Huddlestun moved and Councilman Meador seconded the motion to approve the property re-zoning as petitioned by Rick Dilsavor, Cedarwood Development, (owned by Pauline Purcell), located at 140 Illinois Avenue from RS-2 - single-family residential to B-3 - highway business.  Roll call vote.  AYES:  Councilmen Huddlestun, Black, Meador and Mayor Ferguson.   NAYS:  Councilman Carr.  Motion declared carried.  

2.      Request for Use of Bryan Statue Area of Bryan Park for 4th Annual Garden Treasures Tour Event by Daffy Dill Garden Club
Sharon Blair, President of the Daffy-Dill Garden Club addressed Council reporting that the Garden Club will again be holding festivities, including plans for a vendor market on the day of their annual Garden Treasures Tour.  She was officially asking permission for use of the Bryan Statue area on June 27th.   Councilman Black suggested that additional hanging baskets be put up in the downtown area.
Councilman Black moved and Councilman Carr seconded the motion to approve the request from the Daffy-Dill Garden Club for use of the area by the Bryan Statue during their 4th Annual Garden Treasures Tour on Saturday, June 27, 2009 for reception booth, vendors, and viewing of the AAS (All American Selections) display garden at the stature.   Roll call vote.  AYES:  Councilmen Black, Carr, Meador, and Huddlestun.    
NAYS:  None.  Motion declared carried.  

3.      Request for Use of Softball Fields by Apostolic Church  for Adult Softball Tournament on July 18, 2009
City Manager reported the Apostolic Church of Salem has requested use of the men’s softball field in Bryan Park and one of the girl’s fields at Tully Park for an adult softball tournament on Saturday, July 18, 2009 from 9:00 a.m. until finished.  Recreation Director Daniels sees no conflict at this time.  Should the Council agree to grant this request, the standard fee structure is recommended.  Councilman Black moved and Councilman Huddlestun seconded the motion to approve the request for Use of Softball Fields by the Apostolic Church  for Adult Softball Tournament on July 18, 2009.   
Councilman Carr questioned if the Recreation Director could be authorized by Council to approve future requests for use of the stage in Bryan Park and the ball fields.  City Attorney Jones commented he sees no problem with the Council delegating the authority to the City Manager and his department heads and if they feel that it is appropriate, it should be ok for them to approve the request.   Mayor Ferguson requested this be put on next agenda for approval to delegate the city manager and his department heads authority to approve use of city ball fields, and band in city parks.  Roll call vote.  AYES:  Councilmen Carr, Meador, Huddlestun, and Black.   NAYS:  None.  Motion declared carried.  

4.      First Reading - Ordinance Amending Chapter 20 Regarding Unauthorized Use of Water and Gas Utilities
City Manager Christie indicated that we had an oversight in the code regarding unauthorized use of water and gas utilities – it only mentions gas and is silent on water.  He indicated he has consulted with the City Attorney and we feel that the City Council should amend that ordinance and add the word “water” to  the ordinance and also bring the fine up to the current level of $100.00.  This being first reading, no action was taken.

5.      Request from SBIC to Remove #7 Carpenter Drive (owned by SBIC & Leased to WBT) from TIF #2
Jim Somer with SBIC was present to address the request from SBIC to remove #7 Carpenter Drive from TIF #2 which will allow SBIC to take full advantage of Enterprise Zone benefits.  Mr. Somer stated it would insure that this particular property remains viable to the City and would provide a relatively level real estate tax for future years for the establishment of long term leases rates, potential expansions, and viable sales pricing; guaranteeing continued occupancy of the facility.   He commented that the real estate taxes paid this year was $17,500 and the intent is to limit the real estate taxes during the remainder of the life of the Enterprise Zone.  
Mayor Ferguson questioned this action and asked if there is any reason that we could not wait until the business decides to purchase the property for an expansion.   This would allow the city to collect the real estate taxes in the TIF for a longer period.    When this property is taken out of the TIF zone, the real estate taxes will continue, but will become subject to all the other taxing districts.  

Somer indicated that this property started out in the enterprise zone then the TIF was overlaid over it, when that happened, the city captured that real estate tax – if it stays in the TIF the property taxes could continue to grow, but if the it is taken out of TIF, it is through the enterprise zone that the property taxes will be capped.  

Mayor Ferguson asked what is the benefit to the city  -  Somer commented it is to maintain and create jobs, -  it is an economic development tool.  Mayor Ferguson indicated he is not opposed of doing this, just opposed to doing it before it is needed

City Manager Christie commented we are facing a significant reassessment of property, probably SBIC is asking that we should do it now before the taxes go up - it was a timing thing.  

Mayor asked that this be considered first reading and hold over until next meeting for public comments and asked for motion to hold this issue over for two weeks.
Councilman Black moved that this item lay over for two weeks.  Motion died for lack of a second.

Councilman Carr moved and Councilman Black seconded the motion to approve the request from SBIC to remove #7 Carpenter Drive (owned by SBIC & Leased to WBT) from TIF #2.  Roll call vote.  AYES:  Councilmen Meador, Huddlestun, Black and Carr.   NAYS:  None.  Motion declared carried.  

6.      Approval of Permit to Conduct Public Fireworks Display on July 4th
Pursuant to the Illinois Fireworks Use Act (425 ILCS 35) and the Pyrotechnic Distributor and Operation Licensing Act (225 ILCS 227) the City Council was asked to approve a Permit to J & M Displays, Yarmouth, IA to conduct  Public Fireworks Display on July 4, 2009 in Salem.  
Councilman Black moved and Councilman Huddlestun seconded the motion to approve the permit issued to J & M Displays to conduct public fireworks display on July 4th.   Roll call vote.  AYES:  Councilmen Huddlestun , Black, Carr, Meador, and Black.    NAYS:  None.   Motion declared carried.  

7.      Ordinance 2009-07 – an Ordinance – Prevailing Wages for Marion County
In compliance with 820 ILCS130/9, municipalities must investigate and ascertain the prevailing rate of wages to be paid for work on public works and post or keep available its determination as well as file certified copy in the office of Secretary of State and the Illinois Department of Labor.  Therefore an Ordinance has been presented ascertaining the prevailing rate of wages for Marion County for the month of June, 2009.  
Councilman Black moved and Councilman Huddlestun seconded the motion to approve Ordinance 2009-07, an ordinance ascertaining the prevailing wages for Marion county as of June, 2009.
Roll call vote.  AYES:  Councilmen Black, Carr, Meador, and Huddlestun.   NAYS:  None.  Motion declared carried.  
  
8.      Bills Payable
Bills payable listing for a total amount of $617,169.57 for period ending June 15, 2009 was presented for review.  Following review period, Councilman Carr 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.  

After Reports:
9.      Executive Session to Discuss:  
5ILCS 120/2( c)(5) Sale of Property

At 8:00 p.m. Councilman Black moved and Councilman Huddlestun seconded the motion to enter into closed session for the purpose to discuss Sale of Property.    Roll call vote.  AYES:  Councilmen Meador, Huddleston, Black, and Carr.   NAYS: None.  Motion declared carried.

RETURN TO OPEN SESSION AT 8:45 P.M.

10.      Approval of Closed Session Minutes of June 1, 2009
Councilman Black moved and Councilman Huddlestun seconded the motion to approve closed session minutes of June 1, 2009.  
Roll call vote.  AYES:  Councilmen Meador, Huddleston, and Black.   NAYS: Councilman Carr.  Motion declared carried.

XI.     City Manager Report –   
City Manager Christie echoed Mayor Ferguson’s comments regarding the World Coon Hunt, complimenting Steve Huddlestun, Economic Development Director McDaneld, Tourism Board Chairman Bob Haney, and the Tourism Board for their success in bringing the World Coon Hunt to Salem in October.  “Good Job”

XII.    City Attorney Report    
None.  

XIII.   City Council Report  
Councilman Carr
Councilman Carr commented about how many turtles there were in the turtle race contest at the Family Fun Day in the Park and on the number of participants in the basket ball program.  He was impressed at the number of church groups that came out and gave away hot dogs, chips, and other food during the day.  He commented that several 2010 Census T-shirts were given away as reminders to citizens to “be counted” in the 2010 census.  He also mentioned that Mr. Charles Ewell with the US Census Department stopped by and was impressed with the event.  

Councilman Meador
Councilman Meador complimented the Daffy-Dill Garden Club members on the good work they have done at the Bryan Statue, he commented that when he drives by and they are working, Sharon Blair just smiles and waves.

Councilman Huddlestun
Councilman Huddlestun commented that Family Day in the park was great, indicating that the water ski event was a good addition.  

Councilman Huddlestun reported on the World Coon Hunt event that will be coming to Salem in October.  

Councilman Black
Councilman Black reiterated Council’s comments regarding the Coon Hunters event.

Mayor Ferguson reported that several people had talked to him about Family Day and it was a great day for families and kids.  We have to protect this day, it was great.  

Recreation Director Daniels commented that it was a great day, 983 at the pool and she estimated between 1200 and 1500 people were in the park.  She complimented the Parks Department who did a great job keeping up with everything.  Also she recognized Annette, Jill, and Becky for their help with the programs.  

XIV.    Adjournment
There being no further business for discussion, at 8:30 p.m. Councilman Black moved and Councilman Huddlestun seconded the motion to adjourn.  Roll call vote.  AYES:  Councilmen Carr, Meador, Huddleston, and Black.  NAYS: None.  Motion declared carried.


Jane Marshall, CMC
City Clerk

Approved as written by City Council on 7/06/09.