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City Council Minutes 2010 06-07
CITY OF SALEM
REGULAR CITY COUNCIL MEETING AGENDA
JUNE 7, 2010
 6:00 P.M.
I.      Call to Order
II.     Prayer and Pledge of Allegiance
III.    Approval of Minutes, May 17, 2010
IV.     Presentation of Petitions/Public Comments
V.      Mayor’s Report and Presentations
1.      Presentation of Official Oath and Official Commission to
        Garland Simmons Promotion to Sergeant
        Robert Andrew Smith New Patrolman
2.      Report and Request for Funding From Daffy-Dill Garden Club
3.      Report Regarding  Salem Central Community Garden
VI.     City Council Action  
1.      Recommendation Library Board Member – Greg Oziemkiewicz
2.      Recommendation Tourism Board Member – Dana Hampton
3.      Request for Outside Consumption of Alcoholic Liquor – Salem Elks Lodge
4.      Off Premises Sign Regulations/Discussion
VII.    City Manager Report
VIII.   City Attorney Report
IX.     City Council Report
X.      Adjournment

Thomas F. Christie
City Manager
_________________________________________________________________________________________________
                                    CITY OF SALEM                                   
REGULAR CITY COUNCIL MEETING MINUTES
JUNE 7, 2010
6:00 P.M.

I.      CALL TO ORDER
The Salem City Council met in regular session on June 7, 2010, at the hour of 6:00 p.m. in the Council Chambers of Salem City Hall.  The meeting was called to order by Mayor.
Council Members present upon roll call:
        Councilman Kip Meador
        Councilman Steve Huddlestun
        Councilman David Black
        Councilman Tom Carr
        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
Chief of Police Ron Campo
Code Enforcement Officer Brad Crow
Assistant to the City Manager Bev West
Recreation Director Sherry Daniels
Library Director Kim Keller
Media:  Salem Times Commoner, WJBD Radio, Centralia Sentinel, Marion County Observer, US Sonet
Several members of the public.
Absent: 
        DOEM Director Terry Mulvany
Economic Development Director Tracey McDaneld

II.     PRAYER AND PLEDGE OF ALLEGIANCE
Opening prayer led by Councilman Carr, followed by the Pledge of Allegiance to the Flag.

III.    APROVAL OF MINUTES – May 17, 2010
Minutes of Regular City Council Meeting of May 17, 2010 were presented for review.  
Councilman Black moved and Councilman Huddlestun seconded the motion to approve the minutes of Regular Council Meeting of May 17, 2010 and waive the reading.   Roll call vote.  AYES:  Councilmen Meador, Huddlestun, Black and Carr.  NAYS:  None.  Motion declared carried.

IV.     PRESENTATION OF PETITIONS AND PUBLIC COMMENTS
William Tyler Gensler, 1220 South College, Salem, addressed Council asking why we still have the law against selling package liquor on Sundays and if there is a logical reason for the decision.   Mayor Ferguson responded that over the past years, the Council has felt that it was in the best interest of the city.  

V.      MAYOR’S REPORT AND PRESENTATIONS
1.      Presentation of Official Oath and Official Commission to
        Garland Simmons Promotion to Sergeant
        Robert Andrew Smith New Patrolman
Mayor Ferguson administered the Official Oath of Office to Garland Simmons upon his promotion to police sergeant and presented the Official Commission to him.  His family was at his side during the ceremony.

Mayor Ferguson administered the Official Oath of Office to Robert Andrew Smith upon his appointment of police officer and presented the Official Commission to him.  His family was also at his side during the ceremony.

2.      Report and Request for Funding From Daffy-Dill Garden Club
Sharon Blair, President of the Daffy-Dill Garden Club thanked the City Council for their cooperation and especially recognized the Public Works Department for all their help with these projects.  She presented an annual cost projection for this budget year for continuation of these projects at the Statue and downtown areas, including installation of banners to welcome people to Salem.  Total estimated costs for downtown plantings, Bryan Statue Garden, banners, spraying and watering - $10,550.00.  She explained, plans are to contact ESI and Americana to see if they would be possible manufacturers of the banners and the brackets.  Councilman Black commented he would like to see more of the hanging baskets put up again along the street.  Mrs. Blair commented that it had been decided that with the beautiful plants in the planters along the sidewalk, that the hanging baskets would not be that important; also, there is a lot of work involved with keeping the planters and statue area planted and maintained, with not enough help.    

Placement of Banners was discussed.  City Manager Christie commented that leaving banners up all year is a good idea and the request is reasonable.  
Councilman Carr expressed concern about funds for Keep Salem Beautiful and the recycling program; to which City Manager Christie indicated, historically $5,000 has been provided to KSB and he sees no reason why this cannot be done again this year from the Community Appearance Budget Line Item.    Councilman Black moved and Councilman Meador seconded the motion to approve the request of the Garden Club for $7,550.00.   Roll call vote.  AYES:  Councilmen Huddlestun, Black, Carr, and Meador.  NAYS:  None.  Motion declared carried.  

3.      Salem Central Community Garden Report   
Jackie Davis, representing Master Gardeners, addressed Council with an update on the Salem Central Community Garden, reporting there are 22-23 gardeners with 33 full beds planted.  She thanked the City for their tremendous help, along with the community service workers.  
Produce has been given to two food banks in the area.  She reported that there is a need for a shed to store gardening tools, adding that she has contacted the Salem High School shop department who could build a shed if the materials were provided – estimated cost $1,000. She asked Council to put in a portion of that amount and the Master Gardeners will try to raise the balance. Council discussed costs of purchasing a ready-built shed as compared to having it built.  City Manager Christie recommended approval of the $1,000 for the purchase of a storage shed for the Community Garden.  Councilman Black moved and Councilman Meador seconded the motion to authorize up to $1,000 expenditure to the Community Garden for the purchase of a storage shed.  Roll call vote.  AYES:  Councilmen Black, Carr, Meador, and Huddlestun.  NAYS:  None.  Motion declared carried.  

VI.     CITY COUNCIL ACTION
1.      Recommendation Library Board Member – Greg Oziemkiewicz
Mayor Ferguson recommended Greg Oziemkiewicz for appointment to the Library Board to fill a term ending April 30, 2013.  
Councilman Black moved and Councilman Carr seconded the motion to approve the recommendation of Greg Oziemkiewicz Library Board to fill a vacancy for a term  ending April 30, 2013.  Roll call vote.  AYES:  Councilmen Carr, Meador, Huddlestun, and Black.  NAYS:  None.  Motion declared carried.  

2.      Recommendation Tourism Board Member – Dana Hampton
Mayor Ferguson recommended Dana Hampton for appointment to the Tourism Board to fill a term to April 30, 2013.
Councilman Black moved and Councilman  Huddlestun  seconded the motion to approve the recommendation of Dana Hampton to the Tourism Board to fill a vacancy for a term ending April 30, 2013.  Roll call vote.  AYES:  Councilmen Meador, Huddlestun, Black and Carr.  NAYS:  None.  Motion declared carried.  

3.      Request for Outside Consumption of Alcoholic Liquor – Salem Elks Lodge
A letter was received by FAX on June 2, 2010 from the Salem Elks Lodge #1678, 315 N. Broadway, Salem, advising that a fence has been built to enclose their property on the north side of the building to improve the situation created by Illinois lawmakers for their smokers.  The 56’ by 64’ fence was attached to the building and locked so that the only access to the area is through the key card door to the south entrance of the lodge.  The letter further stated that the second reason for the fenced in area is to try to halt the loss of membership by having a nice place to go outside when the weather is nice to relax, bring family and friends, play washers or throw horseshoes.  “In doing this we would ask permission for our members to bring their drink outside with them, be it alcohol, soda, water or whatever.”  Further stating benefits of the new outside Family Entertainment Area to draw members back and hopefully bring in new members and keep our doors open.  Letter signed by Robert Reed, Chairman of Trustees.

Mayor Ferguson expressed concerns with this issue, stating – “when the City Council approved the outside serving of liquor, it was with the understanding it was to allow diners to have drinks with their meal. In fact, the ordinance was established for restaurants and hotels licensees.  However, as to the Elks, if the reason is primarily for smoking and horseshoe or washer tournaments and does not require outside dining, it drastically changes the edicts of the ordinance.  The ordinance states ‘the outside area must be connected to the business or within thirty (30) feet from the principal building’.  The key word is ‘within’.  The definition of ‘within’ is inside, inside oneself; in other words, the area must be within thirty feet of the principal business.  The present fenced in area has to be considered as being outside the 30 foot limit, somewhere within 64 feet, more than twice the distance the present ordinance allows.  My main concern is size.  I don’t think the Council, or I, ever anticipated any business ever coming forward with a plan for outside dining that would amount to 3600 sq. ft.  I fear this size area can provide enough space to encourage bands and dances. Two additional problems with the location are that the area is somewhat residential and the downtown commercial buildings act like a canyon, retaining the sound.  It appears to me that the City Council is being requested to disregard areas of authority it has been protective of in the past and could subject the city to a number of potential problems in the future.”  **He further added, the Illinois Liquor Commission definition of “Premises” is a place or location where alcoholic drinks are mixed or served.  Not included are sidewalks, streets, parking areas or adjacent grounds.    (Clerk’s Note:  **  Mayor Ferguson requested that his comments be added to the minutes including this statement.)

Patty Hapeman, Elks Trustee commented that what they were looking at was for the  entertainment of members and guests; but it was never thought to have bands in the evening or anything else like that.  She further stated they did talk about putting tables out there so people could dine there, and also put washer and horseshoe pits out there.  Adding this area is for their smokers and music outside was not something that they have ever considered.  She also stated that they will not sell alcoholic liquor outside.  

City Manager Christie clarified the request – they are asking to be permitted to consume alcohol outside the building within the fenced in area.  Following additional discussion, Councilman Black moved and Councilman Meador seconded the motion to authorize Elks members and guests to consume alcoholic liquor in the fenced in area of the Elks property.  Roll call vote.  AYES:  Councilmen Carr, Meador, Huddlestun, and Black.  NAYS:  None.  Motion declared carried.  

4.      Off Premises Sign Regulations/Discussion
Councilman Black expressed concern about the City sign ordinance that pertains to off-premise signs, commenting that the sign ordinance is wrong and he does not agree with it; indicating that businesses should have a way to let people know where they are located.  He referred to an antique business that has been open for about a year on East Main Street that is not located close to the main thoroughfare.  This business is not permitted to install a sign because they do not own the property along the street.  

Councilman Huddlestun commented, that this case is different and should be handled individually, adding they put the sign there thinking the City owned the property and that they could buy it from the city.  However the state now does not want to deed the property to the City, they just want the City to maintain it.  He suggested we give them a six-month grace to keep the sign until something can be worked out.   

City Manager Christie suggested the off-premise sign ordinance could be amended to add  – except if the business is located (so many feet or more) from the nearest main thoroughfare or street, or if it is not visible from the main thoroughfare or street, with permission of the property owner where the sign is to be located; a off-premise sign would be permitted.  It was suggested 200-250 feet or more.  To avoid a proliferation of signs, only one sign would be permitted for shopping malls.  Consensus of Council was to have the City Attorney prepare an ordinance amendment for consideration at next meeting.  

Chief of Police Campo commented that Code Enforcement Crow talked with and worked with the business on East Main Street regarding this issue and did nothing wrong in this incident.  

VI.     City Manager Report
City Manager Christie praised Recreation Director Daniels and the Pool Staff; the very well-trained lifeguards and on their very professional operation of the new pool since its opening.  Daniels reported the attendance on Friday was 1,097 with a total pool receipts through Sunday June 6th of $33,412.00.  Christie reported that there has been a problem with the water clarity in the pool and the pool was not opened until the water can be cleared up.  

VII.    City Attorney Report  - No report

VIII.   City Council Report
Councilman Carr  - commented he is happy to see so much available at the pool for children.  

Councilman Meador  
1.      Commented about several damaged signs and sign posts that have been left by businesses that are out of business, adding that these signs and posts are unsightly and need to be taken down..
2.      Suggested that the street sweeper sweep the pea gravel from the gutters back on to the street

Councilman Huddlestun  
Commented about the lifeguards at the pool on a good job they are doing.  He reported that people have said that going to the pool is like going to a resort on vacation.  
 
Councilman Black
1.      Echoed comments about the pool, adding it is really great
2.      CVS lot needs mowed
3.      Town Creek needs to be cleaned out – trees and undergrowth
4.      Has received complaints about the Cemetery - grass and dirt has been thrown against the tombstones by the mowers; flower arrangement on wire was ran over and twisted up  – dirt piles in the cemetery that need to be moved; grounds are rough and uneven making it hard for people to walk across it  
5.      City Park – couple groups of kids in park ruining it for everyone – vandals, bad and abusive language – sitting in their cars at night – smoking.  Asked if there is any way to take care of the problem    City Manager Christie commented that he has asked the Police Department to be more aggressive with them and .  Councilman Black asked if the Police could tell them that if they are kicked out by the police department for disorderly conduct that they cannot come back to the Park for one year.  Black urged citizens to if they have a situation with some kid being disorderly with them, they should call the police and file a complaint to take care of it.  

IX.     Adjournment
        There being no further business for discussion at 7:46 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
City Clerk

**  See Clerk’s note – Item 3.

Minutes approved by City Council June 21, 2010.
(See comments regarding Item 3 in 6/21/10 Minutes.)