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City Council Minutes 09/08/2009
AGENDA
CITY OF SALEM
REGULAR CITY COUNCIL MEETING
SEPTEMBER 8, 2009
 6:00 P.M.

I.      Call to Order
II.     Prayer and Pledge of Allegiance
III.    Approval of Minutes,  August 17, 2009
IV.     Presentation of Petitions/Public Comments
V.      Mayor’s Report and Presentation
VI.     City Council Action
1.      Presentation of 2008/2009 Annual Audit Report
2.      Second Reading – Ordinance Increasing the Hotel/Motel Tax From 2% to 4%
3.      Resolution – Closure of Sections of US Route 37 and Route 50 for Little Egypt Parade on October 3, 2009
4.      Consideration of  Bid Award for Tie-in Between Sub-part C and the Closed Landfill Unit and to Waive the Bidding Requirements
5.      First Reading – Ordinance Establishing Two Hour Parking in Bryan Park
After Reports:
6.      Executive Session – 5 ILCS 120/2) c)(5) - Sale of Property
7.      Consideration of Re-Development Agreement
8.      Consideration of Sell of City Owned Residential Property
9.      Approval of Closed Session  Minutes of August 17, 2009
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
 SEPTEMBER 8, 2009
6:00 P.M.

I.      Call To Order
The Salem City Council met in regular session on Tuesday, September 8, 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
Public Works Director John Pruden
Finance Director Marilyn Shook
Economic Development Director Tracey McDaneld
Recreation Director Sherry Daniels
Chief of Police Ron Campo
Code Enforcement Officer Brad Crow
Assistant to the City Manager Bev West
Library Director Kim Keller
Media: Salem Times Commoner, WJBD Radio, Centralia Sentential, along with 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 – August 17, 2009
Minutes of Regular City Council Meeting of August 17, 2009 were presented for review.  Councilman Black moved and Councilman Huddlestun seconded the motion to approve the minutes of Regular Council Meeting of August 17, 2009 as written and waive the reading.   Councilman Carr requested a correction - Councilman Carr voted “No” to roll call vote under Public Comments – Item 4.  – stating that he is not against the sidewalk, but because sidewalk projects should be prioritized by Public Works Director Pruden.  
Roll call vote to motion to approve August 17, 2009 Regular Council Meeting Minutes as amended.  AYES:  Councilmen Meador, Huddleston, Black, and Councilman Carr.   NAYS: None.  Motion declared carried.

IV.     Presentation of Petitions and Public Comments
1.      City Manager Christie presented a letter from Amanda L. Brubaker, dated 9/4/09, addressed to Mayor, Council, City Manager and Chief of Police,          regarding Parking on the 1000 block of North Rotan.
        It stated:
I am requesting that the 1000 block of North Rotan be made no parking between the hours of 8am-4pm while the Salem High School is in session.  This is the only block between the High School and East Boone Street that is not designated a no parking zone.

During the morning hours, there have been numerous times that I have not been able to back out of my driveway safely or at all due to the students parking in front of my home or blocking my driveway.  There have been plenty of times that I’ve almost been hit due to the fact that I cannot see around the cars.  When I come home of an evening, I have trash all over my yard, I’ve had reports from neighbors and other relatives that were at my house at the time that people were fighting in my front yard by their cars.

I have enclosed pictures for you to see how difficult and dangerous it is to back out of our driveway.  I feel that this is a hazard to me and my children.

Thank you for your time and consideration,
Amanda L. Brubaker
        Chief of Police Campo supported the request, indicating that this is a real problem.  He will bring additional information and recommendations to next Council Meeting.  

2.      Josh Pippen, 222 W. Lake Street, Salem, IL addressed Council with concerns about fluoride in the City drinking water.  He has researched this           issue and believes that fluoridation is detrimental to human health, teeth, bones and general health.  He asked that council research the matter and    to take it out of the drinking water.  He distributed printed information along with a CD for Council to review.  Public Works Director Pruden  
        commented that he has read all the materials that were sent to him regarding fluoride; he has researched and found nothing detrimental.  He also        consulted with the City’s water treatment consultant who found no determent.  Pruden indicated he will continue to research the issue.  

V.      Mayor’s Report and Presentations
Mayor Ferguson thanked Councilman Carr for filling in as Mayor Pro-Tem during his absence.  He also thanked everyone in the community for all the cards, phone calls, and prayers after his recent heart surgery.  

Mayor Ferguson welcomed to the meeting, Connie Scherrer, a Political Science Student at Kaskaskia College.

At the request of Mayor Ferguson, a Proclamation by the Mayor proclaiming September 17 through September 23, 2009 as “Constitution Week”   was read by City Clerk Marshall.  

VI.     City Council Action
1.      Presentation of 2008/2009 Annual Audit Report
Doug Ess, Representative from Glass and Shuffett, LTD, Certified Public Accountants, presented the 2008/2009 Annual Audit Report  reviewing the Management Discussion and Analysis section of the report.  There was discussion regarding a duplicate payment that was later refunded by the vendor.  Finance Director Shook stated that an increased level of internal control has been implemented in the purchasing department.   Councilman Carr moved, and Councilman Black seconded the motion to accept the 2008/2009 Annual Audit Report as presented.  Roll call vote:  AYES:  Councilmen Huddlestun, Black, Carr, and Meador.   NAYS:  None.  Motion declared carried.
ORDINANCE 2009-15
2.      Second Reading – Ordinance Increasing the Hotel/Motel Tax From 2% to 4%
City Manager Christie commented this is second reading on this issue that was “tabled” at last meeting t afford time for the Tourism Board to meet with the Hotel-Motel Owners.  After their meeting, the Tourism Board is recommending an increase in the Hotel-Motel Tax to a rate of 4% which will enable an expansion of Tourism Board services. He recommends this increase and that it be made effective November, 2009.  

Councilman Huddlestun reported that he had received an e-mail just before Council Meeting from Joyce Shuler, General Manager of Salem Super 8 Motel.  At his request, City Clerk Marshall read the letter dated September 8 2009 4:31 pm from Joyce Shuler:
“I would like to ask for your assistance in not increasing the Hotel-Motel Tax.  I believe that the Tourism Board should be required to submit a proposal prior to the voting of the possible increase.
It was told to me and Mrs. Woodruff after that last City Council Meeting that half of the taxes now being collected are being spent on the Bluegrass festival.  As I write this request for your assistance I have 15 rooms left to sell on this coming Friday, September 11, 2009.
It is neither fair nor feasible to double taxes when half the tax is being spent on an event that is not providing its market share for the hotels.
Also, 3 out of 5 Hotel-Motel owners/managers did meet with the Tourism Board.  We did enjoy meeting with them and hopefully provided some insight for future promotion of tourism here in Salem.  
Thank you for your consideration and please feel free to contact me with any questions.
Sincerely,
Joyce Shuler, General Manager, Salem Super 8”
        
Motion was made by Councilman Black, seconded by Councilman Carr to approve Ordinance 2009-15, an ordinance amending Chapter 11 of the Code, Section 11-82(a), to increase hotel or motel room tax to 4%, effective November 1, 2009.  Roll call vote.    AYES:  Councilmen Black, Carr, and Huddlestun.   NAYS:  Councilman Meador.  Motion declared carried.

RESOLUTION 2009-10
3.      Resolution – Closure of Sections of US Route 37 and Route 50 for Little Egypt Parade on October 3, 2009
A Resolution was presented to officially request permit from Illinois Department of Transportation to close portions of RT 50 and RT 37 during the Little Egypt Festival Parade on October 3, 2009. Councilman Black moved, and Councilman Carr      seconded the motion to approve Resolution 2009-10, a resolution requesting a permit from IDOT to close portions of RT 50 and RT 37 for the Little Egypt Parade.  Roll call vote:  AYES:  Councilmen Carr, Meador, Huddlestun, and Black.   NAYS:  None.  Motion declared carried.

4.      Consideration of  Bid Award for Construction for Liner Tie-in Between Sub-part C and the Closed Landfill Unit and to Waive the Bidding Requirements
A proposal was received for construction of liner tie-in between sub-part C and the Closed Landfill Unit from Blankenship Construction Co.  Public Works Director Pruden reported that due to the technical nature of the construction work required by Illinois Environmental Protection Agency for a tie-in that is below grade between the C & D Units of the Landfill, he is recommending that Council waive the formal bidding process and award the contract to Blankenship Construction Company, Mulberry Grove, IL for a total cost of $80,325.  Mr. John Bossert, the City’s landfill consultant was present to answer questions.   Councilman  Black moved, and Councilman Carr seconded the motion to accept the proposal from Blankenship Construction Co. of Mulverry Grove, IL for a cost of $80,325 and to waive the bidding requirements for the liner tie-in between sub-part C and D of the landfill.  Roll call vote:  AYES:  Councilmen Meador,  Huddlestun, Black, and Carr.  NAYS:  None.  Motion declared carried.

5.      First Reading – Ordinance Establishing Two Hour Parking in Bryan Park
City manager Christie reported that the Public Works Director has received complaints from citizens stating that they are unable to find accessible parking at Bryan Park facilities due to all-day parking of students from the high school.  He further commented that the park facilities are intended to provide readily available recreational amenities for citizens.  As such, Council is requested to consider establishing a two-hour parking time limit in the park to provide readily accessible parking areas for the public.  
Councilman Black commented that restricting parking in the park and the request received for no parking in the 1000 block of North Rotan would create additional problems for the high school; he asked that this issue be tabled  for four weeks.  Councilman Carr agreed, indicating he has a problem with this in that it was not discussed with the high school officials.  Also, concern was expressed on how a two hour parking limit could be policed.    
Mayor Ferguson encouraged addressing the problem now.  Councilman Huddlestun indicated he has a problem with two hour parking, suggesting limiting the parking for park use only.   Council heard discussed regarding two-hour parking; four hour parking; limiting parking for park use only; police enforcement issues and specifying limited parking areas; including suggestions to discuss discussing the problem with the high school officials to help solve the problem.  
Public Works Director Pruden commented, we have had numerous complaints from runners, joggers, and families – the intent is to use the park as it was intended.  He reported that it takes one hour every morning to clean up the trash left in the parking areas where students park their vehicles.  Pruden further commented that every business is expected to take care of its own parking, so should the high school.  Pruden and Chief of Police Campo commented that vandalism in Bryan Park is also an issue.  
City Attorney Jones commented it could be posted “for park use only”.
In that this was first reading, Councilman Black withdrew his motion to table discussion, and Councilman Carr withdrew his second.  

After Reports:
6.      Executive Session – 5 ILCS 120/2) c)(5) - Sale of Property
7.      Consideration of Re-Development Agreement
8.      Consideration of Sell of City Owned Residential Property
9.      Approval of Closed Session  Minutes of August 17, 2009


VII.    City Manager Report
City Manager Christie reported that Council may be required to hold a special meeting on Tuesday, September 22 to formally receive sale of bonds. Councilman Black suggested a 6:00 p.m. meeting.

He also reported two major infrastructure projects are underway – the swimming pool and the Mitchell Street extension project.  

VIII.   City Attorney Report - None

IX.     City Council Report
Councilman Carr reported that some will be attending the Illinois Municipal League Conference this month and suggested that council members share the information from the meetings since there are several sessions to choose from and it is not possible to attend each one of the sessions.  

Councilman Meador – No Report

Councilman Huddlestun complimented and thanked Public Works Director Pruden on the road work at the fairgrounds.  

Councilman Black:
·       welcomed Mayor Ferguson back to Council after his recovery from surgery
·       thanked US Sonet for taping the meeting for the community
·       commented about his e-mail request to the City Manager Christie for more informative “Weekly Reports”.  Councilman Black commented he is not    asking for “confidential information” he is just requesting that the City Manager’s reports, along with Economic Development Reports be detailed        and informative so that Council would be able to respond to public questions.  City Manager Christie indicated that this is the same format that he     has used since he came here and that if all the other Councilmen wants him to change his format, he would be happy to do so, he doesn’t care one     way or the other.  

Mayor Ferguson agreed that they need more information, indicating that it would be helpful for Council to have copies of SBIC minutes (Salem Business and Industrial Commission).  City Attorney Jones advised that SBIC could share their minutes, but they don’t have to because they are not under the City.
·       Mayor Ferguson distributed copies of brochures from other cities and asked why Salem does not have updated brochures for visitors to learn      about city events, traditions, and the community when they are in town, adding Salem is rich in history.    

6.      Executive Session – 5 ILCS 120/2) c)(5) - Sale of Property
Councilman Black made the motion at 7:32 p.m. and Councilman Carr seconded the motion to enter into Closed Session to discuss Sale of Property.  
Roll call vote:  AYES:  Councilmen Black, Carr, Meador, and Huddlestun.  NAYS:  None.  Motion declared carried.  

Upon returning to open session at 8:55 p.m. the following action was taken:

7.      Consideration of Re-Development Agreement – Old Library Building, 217 W. Main
City Manager Christie explained the content of the redevelopment agreement between the City and Rebecca Carpenter & Douglas Monical is that they will, over a five-year period,  invest $250,000 in the building with the intent to use for self and to lease to other businesses.  If the terms of the agreement are not met, the property will revert back to the City.  Councilman Carr moved and Councilman Black seconded the motion to approve the execution of the redevelopment agreement between the City and Rebecca Carpenter and Douglas Monical for city owned property located at 217 W. Main with the intent to place it back on the property tax role.  Roll call vote:  AYES:  Councilmen Carr, Huddlestun, and Black.  NAYS:  None.  Abstain:  Councilman Meador.  Motion declared carried.  

8.      Consideration of Sell of City Owned Residential Property – 1430 N. Broadway
City Manager Christie reported that one other proposal was for the City owned property located at 1430 N. Broadway with an offer of $16,700.00.  
Councilman Black moved and Councilman  Huddlestun seconded the motion to approve the sale of City owned property located at 1430 North Broadway for a price of $16,700.00 to Daniel A. and Chong S. Tahtinen.   Roll call vote:  AYES:  Councilmen Meador, Huddlestun, Black and Carr.  NAYS:  None.  Motion declared carried.  

9.      Approval of Closed Session  Minutes of August 17, 2009
Councilman Carr moved and Councilman Meador seconded the motion to approve minutes of Closed Session of August 17, 2009.  Roll call vote:  AYES:  Councilmen Huddlestun, Black. Carr, and Meador.  NAYS:  None.  Motion declared carried.  

X.      Adjournment
There being no further business for discussion at 8:00 p.m. Councilman Carr moved and Councilman Meador seconded the motion to adjourn.  Roll call vote:  AYES:  Councilmen Black, Carr, Meador, and Huddlestun.  NAYS:  None.  Motion declared carried.  



Jane Marshall, CMC
City Clerk

Approved as written by City Council on September 21, 2009.