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City Council Minutes 2010 06-21
CITY OF SALEM
REGULAR CITY COUNCIL MEETING AGENDA
JUNE 21, 2010
 6:00 P.M.

I.      Call to Order
II.     Prayer and Pledge of Allegiance
III.    Approval of Minutes, June 7, 2010
IV.     Presentation of Petitions/Public Comments
V.      Mayor’s Report and Presentations
1.      Recommendation for Zoning Board of Appeals – Sherry Morton
VI.     City Council Action  
1.      First Reading – Ordinance Re-Zoning – 1241 S. Franklin from “I” Industrial to “RS-3” Single-Family Residential
2.      First Reading – Ordinance Amending Chapter 6 – Off Premise Signs
3.      Bid Awards – 2010 MFT Street Resurfacing
4.      Ordinance – Ascertaining Prevailing Wage for Marion County
5.      Bills Payable
Following Reports:
6.      Executive Session :  Semi-Annual Review of Closed Session Minutes
7.      Approval of Closed Session Minutes of  may 17, 2010  
8.      Resolution – Listing Closed Session Minutes to Remain Confidential and those Open for Inspection

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 21, 2010
6:00 P.M.


I.      CALL TO ORDER
The Salem City Council met in regular session on June 21, 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
Economic Development Director Tracey McDaneld
Media:  Salem Times Commoner, WJBD Radio, Centralia Sentinel,
Marion County Observer, and USSonet, along with several members of the public.

Absent: 
DOEM Director Terry Mulvany
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.    APROVAL OF MINUTES – June 7, 2010
Minutes of Regular City Council Meeting of June 7, 2010 were presented for review.  
Councilman Black moved and Councilman Huddlestun seconded the motion to approve the minutes of Regular Council Meeting of June 7, 2010 and waive the reading.  
Councilman Carr questioned Item 3 of the Minutes regarding “Request for Outside Consumption of Alcoholic Liquor – Salem Elks Lodge”; suggesting there should be more comments recorded showing both sides of the issue – statements made by City Manager Christie mentioning that there were two different sections of the ordinance being confused in this discussion; and another issue was about the Mayor’s comments regarding the ordinance (Chapter 3 of City Code, Sec.3-32 (4) (e ) that states that the outside area must be connected to the business or within 30 feet and that there was some confusion about the 30 feet.  Councilman Carr commented his understanding of the Mayor’s interpretation is that it is the inside area of whatever area they are going to have in it.  (Mayor Ferguson commented his interpretation is from the building, extending out to 30 feet; adding, it appears that some interpret it that it starts at 30 feet and goes out 30 feet.)  (City Manager Christie commented he thought the Mayor was confusing two sections of the code; based upon his reading of the minutes, that is quite evident.)  Councilman Carr suggested that some clarification should be added to the minutes.  Following additional comments and with no request to amend the 6/7/10 minutes, Mayor Ferguson called for a vote to approve the minutes of June 7, 2010 and waive the reading.
Roll call vote.  AYES:  Councilmen Carr, Meador, Huddlestun, and Black.  NAYS:  None.  Motion declared carried.  


IV.     Presentation of Petitions/Public Comments
·       Request for Water-Ski Exhibition at City Reservoir over July 4th Weekend
David M. Foreman, 396 North Point Drive, Salem addressed Council requesting permission to conduct a water-ski exhibition at the city reservoir over the 4th of July weekend.  He indicated it would be the same type event that was held last year at the same time as Family Day in the Park, however with several competing events, they did not get a lot of participation.  Mr. Foreman indicated that proof of insurance and all necessary paperwork will be provided.  Motion was made by Councilman Black, seconded by Councilman Huddlestun to approve the request form David Foreman for use of the Salem Reservoir for water ski exhibition over July 4th weekend.  (Set-up on Friday and take out on Sunday night or on Monday).  Roll call vote.  AYES:  Councilmen Meador, Huddlestun, Black, and Carr.  NAYS:  None.  Motion declared carried.  

·       Request for Use of Bryan Park Ball Field After Park Closing
Billy Beer, 315 S. Lackey, Salem, representing men’s slow pitch softball addressed Council requesting permission to play softball in Bryan Park after 11:00 p.m.  He commented that they have done this for years without causing any problems and they made sure the lights are turned off when they leave – they do not want to lose their privilege to use the ball field late at night just because a few persons are causing problems in the park.  

Issues Discussed Regarding this Request:
·       Police Enforcement of the 11:00 p.m. closing of Bryan Park – including the softball fields and tennis courts, as requested by Council because of the inappropriate actions and vandalism by a few.  
·       Possible exemption of the softball fields, tennis courts, Skate Park, basketball courts and the swimming pool from the 11:00 p.m. closing time.
·       Chief Campo indicated there are problems at the basketball courts and the skate park
·       Possible discrimination issues against those who may wish to use shelters after 11:00 pm
·       Police are doing what they need to do to stop the vandalism in the park.
·       People who work shifts, including softball players and tennis players should be permitted to use the facilities after 11:00 p.m.
·       Need for more Citizen involvement in reporting problems when they see them in the park and Citizens taking back the Park
·       Wait two weeks and let the community make comments before any changes are made
·       Suggestion that the enforcement be relaxed for a while and if problems continue, start enforcement again
·       Police should be able to run the troublemakers out and have them banned from the park

Councilman Carr commented he does not want to change anything now, what the Police are doing is working

City Manager Christie commented that it appears the only thing that Council can do without discrimination is to extend the hours for the entire park.

Councilman Black, Huddlestun, and Meador agreed to relax the enforcement of the 11:00 p.m. closing of the Park for a period of time, if problems occur, the Police can take care of it.

Councilman Carr did not agree to make any changes in enforcement at this time.

Chief of Police Campo asked for clarification on that rules the Police are to follow; indicating that closing the park at 11:00 pm to everyone was working; now it is discretionary.


V.      Mayor’s Report and Presentations
1.  Recommendation for Zoning Board of Appeals – Sherry Morton
Mayor Ferguson presented recommendation for appointment of Sherry Morton, 301 Oak Tree, Salem, to the Zoning Board of Appeals for term ending April 30, 2015.  Councilman Carr moved and Councilman Meador seconded the motion to approve the appointment of Sherry Morton to the Zoning Board of Appeals for term ending April 30, 2015.  Roll call vote.  AYES:  Councilmen Meador, Huddlestun, Black and Carr.  NAYS:  None.  Motion declared carried.


VI.     City Council Action  
1.      ORDINANCE 2010-07 – First Reading – Ordinance RE-Zoning – 1241 S. Franklin from “I” Industrial to “RS-3” Single-Family Residential
City Manager Christie commented that the Salem Planning Commission has heard a petition for re-zoning of 1240 S. Franklin from “I” Industrial to “RS-3” Single Family residential and after reviewing the petition and considering the intent of the Comprehensive Plan, as well as the use of the adjacent properties, the Planning Commission has recommended that Council approve the re-zoning to RS-3 Single Family Residential.  There being no objections to approval at first reading, Councilman Black moved and Councilman Huddlestun seconded the motion to approve Ordinance 2010-07, an ordinance re-zoning territory, commonly known as 1241 S. Franklin Street from “I” Industrial to “RS-3” Single Family Residential.  Roll call vote.  A”YES:  Councilmen Huddlestun, Black, Carr, and Meador.  NAYS:  None. Motion declared carried

2.      First Reading – Ordinance Amending Chapter 6 – Off Premise Signs
City Manager Christie commented this ordinance is being brought before Council for First Reading to amend Chapter Six of the City Code that would allow the erection of a hardship off premise sign if the subject business meets certain conditions, those conditions as listed in the proposed amendment:  if business is at least 250 feet from the closest city street or state highway – the sign must meet requirements of section 6-142 regarding freestanding signs; sign must be within 750 feet of the business location; and the sign cannot be erected on property without the property owner’s written permission.

Councilman Black, suggested that it be included – or if the business cannot be seen.  

Councilman Carr commented he cannot support this amendment because of the way the ordinance is written, it will not solve the problem that caused it to be brought up (The Antique Shop – the problem is not off premises signs, we have off premise signs and there are ways of getting off premise signs – they can approach the Zoning Board of Appeals and get an off premise sign) – the problem is that he cannot get permission from the owner because it is owned by the state.  He added, the second reason, it eliminates the monitoring from the Zoning Board of Appeals, because the Zoning Board of Appeals is who determines what the hardship is – the hardship could be 30 feet away and be determined as a hardship.  We are taking that aspect away from the Zoning Board of Appeals; adding he thinks we should let them do their job.

Councilman Black suggested, if you can’t see a business, then a sign is reasonable.  We are trying to promote business and economic growth.  

Mayor Ferguson commented that this proposed revision may not be the answer, commenting there are a number of things that need to be studied regarding shopping districts that may want signage, adding possibly a moratorium is what is needed.  

City Manager Christie commented Council should be very careful with a moratorium because if they approve a moratorium, it would have to be on all off premise signs, and off premise signs will spring up.  Mayor Ferguson commented we do not want to do this without a lot of study we need to look at off premises signs, business owners have to be able to promote their business.

Jim Densford, owner of the Purple Antiques and Storage 905 East Main Street, stated that he has documentation from Illinois Department of Transportation, documentation regarding the Depot sign in 2007, e-mails regarding that, also information form IDOT who he talked to this past Thursday, telling him that they are trying to sell him the property, they still have to the it appraised, could take up to 3 months, they also need to get survey 3 months, after that time frame, it will have to go up for auction.  Also, he met with Roger at IDOT.  Mr. Densford is asking Council if they could bear with him and let him keep the sign up until he can get this resolved.  He indicated that IDOT has assured him they are working on it and it will happen, - he is looking at 6 ½ months.

City Manager Christie asked Mr. Densford to share those documents with our City Attorney.  

Mr. Densford commented that he has verbal permission form IDOT to put the sign up.  City Manager Christie indicated that if the City had something in writing to that effect, or if someone from IDOT would call him with a verbal statement, he would have no problem with the sign.

Councilman Huddlestun commented, basically Mr. Densford thought he had permission to put the sign up, after he put it up, he found out that the state owns the property and he needs written permission, he can’t get written permission, - it looks like he needs at least 6 months – is it a possibility to give him a grace period until he can get a transaction with the state.

Bev West commented – the Planning Commission did understand that when they sent the recommendation that off premise signs not be permitted, they understood that they were making that recommendation in most cases, but there was a vehicle in place for hardships to be brought before the Zoning Board of Appeals and looked at on a case by case basis, just like they did with the Dunahee’s sign, it was quite a way off the highway – they found it to be an appropriate use and an appropriate location for the a sign and they granted the permission to do that.

Following lengthy discussion, Councilman Carr moved and Councilman Black seconded the motion to instruct city staff not to proceed with the off premise sign citation issued to Mr. Densford/The Purple Elephant Antique Shop on East Main Street until the State gives him approval or disapproval for placement of the sign.  Councilman Black requested the proposed Ordinance Amendment come back for action at next council meeting.  Roll call vote.  AYES:  Councilmen Carr, Meador, Huddlestun, and Black.
NAYS:  None.  Motion declared carried.    

3.       Bid Awards – 2010 MFT Street Resurfacing  
City Manager Christie reported that one bid was received for the 2010 MFT Street Resurfacing proposal. He concurred with the recommendation of the City’s consultant, Rhutasel to award the bid to Howell Paving, Inc. for $143,148.00.  Councilman Black moved and Councilman Huddlestun seconded the motion to accept the bid proposal from Howell Paving, Inc. for a total amount of $143,148.00 for 2010 MFT Street resurfacing.  Roll call vote.  AYES:  Councilmen Meador, Huddlestun, Black, and Carr.  NAYS:  None.  Motion declared carried.  

4.  Ordinance 2010-08 – Ordinance Ascertaining Prevailing Wage 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, 2010.  Councilman Black moved and Councilman Huddlestun seconded the motion to approve Ordinance 2010-08, an Ordinance ascertaining the Prevailing Wage for Marion County.  Roll call vote.  AYES:  Councilmen Huddlestun, Black, Carr, and Meador.  NAY: None.  Motion declared carried.  


5.       Bills Payable
Bills payable listing for period ending June 21, 2010 for a total amount of $922,423.89 was presented for Council review.  Following review, Councilman Black moved and Councilman Huddlestun seconded the motion to approve the bills payable as presented.  Roll call vote.  AYES:  Councilmen Black, Carr, Meador, and Huddlestun.  NAYS:  None.  Motion declared carried.  

  
VII.    City Manager Report
·       Still going very well at the swimming pool, very heavy levels of attendance and having a lot of night parties.  The water problem has cleared up.
·       Inquiries from various individuals about the land by the new road by the interstate.
·       It was just listed in the newspaper the large number of building permits, that is a healthy sign of growth
·       Pool numbers included 500 passes


VIII.   City Attorney Report – no report


IX.     City Council Report
Councilman Carr – reported that a person commented that they went to Florida to theme park and when came back and went to the new pool, they should have stayed here.

Councilman Meador – asked about the street sweeper – need to grab the pea gravel and put it back on the streets.  Public Works Director Pruden advised he is in the process of trying to get another sweeper.

Councilman Carr asked Public Works Director Pruden about bushes and trees in traffic line of site, if citizens see any blockage to let the city know so that it can be taken care of.  Pruden indicated that the Code Enforcement Officer should be notified so he can notify the property owners and give them an opportunity to take care of the problem first.  

Councilman Huddlestun –  No report.  

Councilman Black:
·       Sidewalk needs repaired, just north of Dairy Queen on South Broadway, west side.  Pruden will put on list.  
·       Family Day in Park – wonderful day – Commented he received a complaint from a parent of two daughters who said they arrived three minutes late for registration for the turtle race and were denied to let them enter the race – think that was unreasonable.  City Manager Christie commented he does not know about this, but he will talk with the Recreation Director about it.  

Other Reports:
·       Mayor Ferguson asked Code Enforcement Officer Crow about progress on the vacant Clark Station property – Mr. Crow advised he should be hearing something about it next week.  
·       Regarding interest in the new road – Mitchell Street Extension – Mayor Ferguson suggested we consider getting a consultant to get an estimate of the value of the land.  
·       Up coming events – Relay for Life, Daffy Dill Garden Club Garden Tours including Vendors at Bryan Statue area, and Foundation Swim Event.


Following Reports:
6.      Executive Session:  Semi-Annual Review of Closed Session Minutes
At 8:07 p.m. Councilman Black moved and Councilman Carr seconded the motion to enter into Executive Session for purpose to review Closed Session Minutes.  Roll call vote.  AYES:  Councilmen Carr, Meador, Huddlestun, and Black.  NAYS:  None.  Motion declared carried.  


Return to Open Session at 8:25 p.m.

7.      Approval of Closed Session Minutes of  May 17, 2010
Councilman Carr moved and Councilman Huddlestun seconded the motion approve the minutes of Closed Session Minutes of  May 17, 2010.   Roll call vote.  AYES:  Councilmen Meador, Huddlestun, Black and Carr.  NAYS:  None.  Motion declared carried.

8.  Resolution 2010-05 – Resolution – Listing Closed Session Minutes to Remain Confidential and those Open for Inspection
Councilman Black moved and Councilman Carr seconded the motion to approve Resolution 2010-05, a resolution listing closed session minutes to remain confidential and those to open for inspection.  Councilman Carr commented he would like to open all the closed session minutes.  Roll call vote.  AYES:  Councilmen Huddlestun, Black, Carr, and Meador.  NAYS:  None.  Motion declared carried.  

Additional Comments
Councilman Black commented it was brought to his attention over the weekend that there are diving restrictions on the diving boards at the pool and he does not understand that, people should be given the opportunity to use the diving board for what it was meant for.  The pool was for the intent for physical activity.  City Manager Christie indicated the staff felt that they had to try to establish a level of safety at the pool and it would be better particularly for small children not to dive off the board backward.  Christie further commented all the rules are for safety.   Councilman Black asked if we have all the lounge chairs at the pool yet, some have commented that there are not enough chairs available.  

Additionally, Councilman Black commented that the Class of 1985 scheduled a date for the class reunion and later were notified that there was a Swim Meet already scheduled and they could not use it.

Councilman Huddlestun commented he has received complaints that children over 12 cannot use the play features in the children’s pool and some of the kids were not happy about that.  

X.      Adjournment
There being no further business for discussion at 8:34 p.m, Councilman Carr moved and Councilman Black seconded the motion to adjourn.  Roll call vote.  AYES:  Councilmen Carr, Meador, Huddlestun, and Black.  NAYS:  None.  Motion declared carried.



Jane Marshall, CMC
City Clerk

Minutes approved by City Council as written, July 6, 2010.