MINUTES OF THE REGULAR BENTON CITY COUNCIL MEETING HELD MONDAY, APRIL 28, 2008 AT 7:00 P.M. IN THE BENTON MUNICIPAL BUILDING LOCATED AT 500 WEST MAIN STREET BENTON, ILLINOIS.

MAYOR KRAFT CALLED THE MEETING TO ORDER AND DIRECTED ROLL TO BE TAKEN. THOSE PRESENT WERE COMMISSIONER BAUMGARTE, COMMISSIONER WYANT, COMMISSIONER MILLER, COMMISSIONER WEBSTER AND MAYOR KRAFT.

COMMISSIONER WEBSTER MADE A MOTION TO WAIVE READING OF AND APPROVE THE MINUTES FROM THE REGULAR SESSION ON APRIL 14, 2008 AS PRESENTED. SECOND BY COMMISSIONER BAUMGARTE. VOTE WAS TAKEN: YEAS: 5. COMMISSIONER BAUMGARTE, WYANT, MILLER, WEBSTER, AND MAYOR KRAFT. NAYS: 0.

COMMISSIONER BAUMGARTE PRESENTED AND MADE A MOTION TO APPROVE PURCHASE ORDER 2109 TO CONCEPTE OF ILLINOIS IN THE AMOUNT OF $6,852.27 FOR WATER DEPARTMENT COMPUTER EQUIPMENT; PURCHASE ORDER 2110 TO HARRIS COMPUTER SYSTEMS IN THE AMOUNT OF $9,540.00 FOR SOFTWARE PACKAGE, TRAINING AND MAINTENANCE AGREEMENT; PURCHASE ORDER 2111 TO H D SUPPLY WATERWORKS IN THE AMOUNT OF $10,600.00 FOR HANDHELD READERS AND PROBES; PURCHASE ORDER 2113 TO A & L CONSTRUCTION FOR $8,000.00 FOR INDUSTRIAL PARK II SEWER MAIN INSTALLATION; AND PURCHASE ORDER 2443 TO CORRPRO WATERWORKS IN THE AMOUNT OF $1,440.00 FOR CATHODIC PROTECTION SERVICE. SECOND BY COMMISSIONER WEBSTER. VOTE WAS TAKEN: YEAS: 5. COMMISSIONER BAUMGARTE, WYANT, MILLER, WEBSTER, AND MAYOR KRAFT. NAYS: 0.

COMMISSIONER BAUMGARTE PRESENTED AN INCREASE IN SEWER TAP-ON FEES FROM A CURRENT FEE OF $50.00 TO $300.00 FOR NEW RESIDENTIAL SERVICE AND $600.00 FOR NEW COMMERCIAL SERVICE. THIS INCREASE WILL BRING FEES IN LINE WITH THOSE IN OTHER AREA CITIES. AN AMENDMENT TO THE CURRENT ORDINANCE WILL BE PRESENTED AT A FUTURE MEETING.

COMMISSIONER BAUMGARTE REPORTED THAT AN ILLINOIS CLEAN ENERGY COMMUNITY FOUNDATION GRANT HAS BEEN AWARDED IN THE AMOUNT OF $3,560.00 TO UPGRADE THE CITY HALL LIGHTING SYSTEM. COMMISSIONER BAUMGARTE EXPRESSED APPRECIATION TO F.W. ELECTRIC AND ED DOTY FOR ASSISTING WITH THE APPLICATION PROCESS. WORK WILL BEGIN AS SOON AS FURTHER PAPERWORK IS FINALIZED.

COMMISSIONER WYANT REPORTED THAT THE MOWER PURCHASE FROM EMERICK BROTHERS PRESENTED AND APPROVED DURING THE APRIL 14, 2008 COUNCIL MEETING CAN NOT BE DELIVERED IN A TIMELY MANNER AND MADE THE MOTION THAT THE PRIOR MOTION BE RESCINDED. SECOND BY COMMISSIONER WEBSTER. VOTE WAS TAKEN: YEAS: 5. COMMISSIONER BAUMGARTE, WYANT, MILLER, WEBSTER, AND MAYOR KRAFT. NAYS: 0. COMMISSIONER WYANT THEN PRESENTED AND MADE THE MOTION TO APPROVE THE PURCHASE OF A NEW MOWING TRACTOR FROM F.B. MCAFOOS IN THE AMOUNT OF $15,299.00. SECOND BY COMMISIONER BAUMGARTE. VOTE WAS TAKEN: YEAS: 5. COMMISSIONER BAUMGARTE, WYANT, MILLER, WEBSTER, AND MAYOR KRAFT. NAYS: 0.

COMMISSIONER WYANT PRESENTED AND MADE THE MOTION TO APPROVE RESOLUTION #08-04 IN SUPPORT OF THE NORTH DUQUOIN STREET PROJECT AND PRELIMINARY ENGINEERING FEES AS PRESENTED. SECOND BY COMMISSIONER WEBSTER. VOTE WAS TAKEN: YEAS: 5. COMMISSIONER BAUMGARTE, WYANT, MILLER, WEBSTER, AND MAYOR KRAFT. NAYS: 0.

COMMISSIONER WYANT PRESENTED AND MADE A MOTION TO APPROVE NO PARKING ORDINANCE #08-03. REGISTERED LETTERS WILL BE SENT TO AFFECTED BUSINESSES ON THE SQUARE WHEN SIGNS ARE POSTED. SECOND BY COMMISSIONER BAUMGARTE. VOTE WAS TAKEN: YEAS: 5. COMMISSIONER BAUMGARTE, WYANT, MILLER, WEBSTER, AND MAYOR KRAFT. NAYS: 0.

COMMISSIONER WYANT PRESENTED AND MADE THE MOTION TO APPROVE ORDINANCE #08-04 FOR VACATION OF A PORTION OF NORTH PARK CIRCLE. SECOND BY COMMISSIONER BAUMGARTE. VOTE WAS TAKEN: YEAS: 5. COMMISSIONER BAUMGARTE, WYANT, MILLER, WEBSTER, AND MAYOR KRAFT. NAYS: 0.

COMMISSIONER WYANT PRESENTED AND MADE THE MOTION TO APPROVE SEEKING OF BIDS ON THE 2008 OVERLAY PROJECT. SECOND BY COMMISSIONER MILLER. VOTE WAS TAKEN: YEAS: 5. COMMISSIONER BAUMGARTE, WYANT, MILLER, WEBSTER, AND MAYOR KRAFT. NAYS: 0.

COMMISSIONER WEBSTER PRESENTED PAYROLL FOR THE GENERAL FUND PAYABLE APRIL 18, 2008 IN THE AMOUNT OF $61,944.02 AND MADE THE MOTION TO APPROVE. SECOND BY COMMISSIONER MILLER. VOTE WAS TAKEN: YEAS: 5. COMMISSIONER BAUMGARTE, WYANT, MILLER, WEBSTER, AND MAYOR KRAFT. NAYS: 0.

COMMISSIONER WEBSTER PRESENTED PAYROLL FOR THE WATER AND SEWER DEPARTMENT PAYABLE APRIL 18, 2008 IN THE AMOUNT OF $25,690.69 AND MADE THE MOTION TO APPROVE. SECOND BY COMMISSIONER BAUMGARTE. VOTE WAS TAKEN: YEAS: 5. COMMISSIONER BAUMGARTE, WYANT, MILLER, WEBSTER, AND MAYOR KRAFT. NAYS: 0.

COMMISSIONER WEBSTER PRESENTED PAYROLL FOR THE SCHOOL CROSSING GUARDS PAYABLE APRIL 18, 2008 IN THE AMOUNT OF $170.20 AND MADE THE MOTION TO APPROVE. SECOND BY COMMISSIONER WYANT. VOTE WAS TAKEN: YEAS: 5. COMMISSIONER BAUMGARTE, WYANT, MILLER, WEBSTER, AND MAYOR KRAFT. NAYS: 0.

COMMISSIONER WEBSTER PRESENTED AND MADE THE MOTION TO APPROVE SEWER ADJUSTMENTS FOR KIM WEEKS AND BETTY LAKEMEYER. SECOND BY COMMISSIONER BAUMGARTE. VOTE WAS TAKEN: YEAS: 5. COMMISSIONER BAUMGARTE, WYANT, MILLER, WEBSTER, AND MAYOR KRAFT. NAYS: 0.

COMMISSIONER WEBSTER PRESENTED AND MADE THE MOTION TO APPROVE ORDINANCE #08-05 FOR THE 2008-09 ANNUAL BUDGET. THE BUDGET HAS BEEN ON PUBLIC DISPLAY FOR THE PAST TWO WEEKS. SECOND BY COMMISSIONER MILLER. VOTE WAS TAKEN: YEAS: 5. COMMISSIONER BAUMGARTE, WYANT, MILLER, WEBSTER, AND MAYOR KRAFT. NAYS: 0.

COMMISSIONER WEBSTER REPORTED THAT CITY HALL SECURITY UPGRADES PREVIOUSLY PRESENTED SHOULD BE COMPLETED BY CTS AT NO COST TO THE CITY. COMMISSIONER WEBSTER WILL CONSULT WITH CTS TO CLARIFY DETAILS AND PRESENT FURTHER AT A FUTURE MEETING.

COMMISSIONER WEBSTER PRESENTED AND REVIEWED THE THREE MOWING BIDS PREVIOUSLY SUBMITTED: JAMES SMITH SUBMITTED A HIGH BID AND DID NOT SUBMIT PROOF OF LIABILITY INSURANCE. THE BID FROM COON RIDGE TREE SERVICE WAS SECOND HIGHEST AND DID NOT INCLUDE PROOF OF SUFFICIENT INSURANCE. CHRIS LEVINE SUBMITTED BOTH THE LOW BID AND PROOF OF SUFFICIENT INSURANCE. COMMISSIONER WEBSTER MADE THE MOTION TO ACCEPT THE BID SUBMITTED BY CHRIS LEVINE. SECOND BY COMMISSIONER MILLER. VOTE WAS TAKEN: YEAS: 5. COMMISSIONER BAUMGARTE, WYANT, MILLER, WEBSTER, AND MAYOR KRAFT. NAYS: 0.

ATTORNEY MALKOVICH PRESENTED THAT HE HAD PREVIOUSLY SUPPLIED THE COUNCIL A COPY OF THE AMEREN CIPS AGREEMENT FOR THE CITY GAS CONTRACT AND ASKED IF THERE WERE ANY QUESTIONS. THE AGREEMENT MUST BE EXECUTED BEFORE THE END OF JUNE AND AN ORDINANCE ENACTED WITHIN 90 DAYS. ATTORNEY MALKOVICH WILL ASK FOR CLARIFICATION ON SECTION 9 REGARDING THE TWENTY YEAR CONTRACT AND THE SIX MONTH NOTIFICATION REQUIREMENT IN THE EVENT OF DEREGULATION.

ATTORNEY MALKOVICH PRESENTED THE PROPOSED AGREEMENT BETWEEN CITY OF BENTON AND THE CIVIC CENTER AUTHORITY. THE AGREEMENT REQUIRES THAT THE CITY CONTINUE TO CONTRIBUTE $10,000.00 PER YEAR THROUGH 2009 TO SUPPORT THE OPERATION AND MAINTENANCE OF THE CIVIC CENTER. ATTORNEY MALKOVICH STATED THAT THE AGREEMENT DOES NOT APPEAR TO PLACE ADDITIONAL BURDEN ON THE CITY AND RECOMMENDED APPROVAL OF THE AGREEMENT AND CONTINUATION OF THE FINANCIAL SUPPORT REQUESTED. COMMISSIONER BAUMGARTE MADE THE MOTION TO APPROVE. SECOND BY COMMISSIONER WYANT. VOTE WAS TAKEN: YEAS: 5. COMMISSIONER BAUMGARTE, WYANT, MILLER, WEBSTER, AND MAYOR KRAFT. NAYS: 0.

ATTORNEY MALKOVICH PRESENTED FOR APPROVAL THE HIGHWAY AUTHORITY AGREEMENT REGARDING BUGAIESKI OIL COMPANY/D & D MARATHON. THE SITE OF THE FORMER GAS STATION IS LOCATED AT THE CORNER OF NORTH MAIN AND CARLTON STREETS. THE SITE HAS AREAS OF SOIL AND GROUNDWATER CONTAMINATION THAT EXTEND INTO TWO SMALL AREAS OF THE CITY’S RIGHT-OF-WAY DUE TO PETROLEUM RELEASES FROM UNDERGROUND GAS TANKS. THE AGREEMENT ASKS THAT THE CITY ACKNOWLEDGE THAT THEY HAVE SOLE JURISDICTION OF THE USE OF THE GROUNDWATER AND ACCESS TO THE SOIL BENEATH THE RIGHT-OF-WAY AND WILL PROHIBIT ALL POTABLE AND DOMESTIC USE OF GROUNDWATER AND ACCESS TO THE SOIL AT THE SITE. ATTORNEY MALKOVICH RECOMMENDED AN AMENDMENT TO THE AGREEMENT THAT THE CITY BE REIMBURSED FOR ALL NECESSARY COSTS OF DEALING WITH THE CONTAMINATION SHOULD THEY BE INCURRED. COMMISSIONER MILLER MADE THE MOTION TO APPROVE THE AGREEMENT WITH THIS AMENDMENT. SECOND BY COMMISSIONER WEBSTER. VOTE WAS TAKEN: YEAS: 5. COMMISSIONER BAUMGARTE, WYANT, MILLER, WEBSTER, AND MAYOR KRAFT. NAYS: 0.

MAYOR KRAFT PRESENTED FOR APPROVAL THE FUNDING REQUEST OF $2,000.00 BY BENTON/WEST CITY ECONOMIC DEVELOPMENT CORPORATION. COMMISSIONER WEBSTER MADE THE MOTION TO APPROVE. SECOND BY COMMISSIONER WYANT. VOTE WAS TAKEN: YEAS: 4. COMMISSIONER BAUMGARTE, WYANT, WEBSTER, AND MAYOR KRAFT. ABSTAINED: COMMISSIONER MILLER. NAYS: 0.

MAYOR KRAFT PRESENTED FOR APPROVAL RESOLUTION #08-05 IN SUPPORT OF THE 2008 ITEP STREETSCAPE PROJECT GRANT APPLICATION. THE PROJECT CONSISTS OF A WALKING PATH, STREET LIGHTING AND LANDSCAPING FROM THE CAR MUSEUM TO THE JAIL MUSEUM AND WOULD BE A 80/20 FUNDING MATCH. COMMISSIONER WEBSTER MADE THE MOTION TO APPROVE. SECOND BY COMMISSIONER MILLER. VOTE WAS TAKEN: YEAS: 5. COMMISSIONER BAUMGARTE, WYANT, MILLER, WEBSTER, AND MAYOR KRAFT. NAYS: 0.

MAYOR KRAFT PRESENTED JOSH LUEKER, COMPTROLLER OF AG ENERGY RESOURCES. LUEKER STATED THAT CONSTRUCTION IS BEHIND SCHEDULE DUE TO WEATHER AND OPENING DURING THE FIRST PART OF JUNE IS EXPECTED. THE COMPANY’S WEBSITE IS WWW.AGENERGYRESOURCES.COM WHERE CONSTRUCTION PHOTOS AND A TIMELINE MAY BE VIEWED. AG ENERGY WILL OPERATE AS A WHOLESALER SELLING ETHANOL PRIMARILY TO TERMINALS AND BLENDERS. A MARKETING PLAN WILL BE DEVELOPED WITHIN THE NEXT FEW WEEKS. COMMISSIONER BAUMGARTE STATED THAT A MEETING REGARDING THE SEWER SERVICE IS NECESSARY SO THAT IEPA PERMITS CAN BE OBTAINED.

MAYOR KRAFT PRESENTED FOR APPROVAL A REQUEST BY THE CHAMBER OF COMMERCE THAT A DUMPSTER AND WATER SERVICE BE PROVIDED FOR THE REND LAKE WATER FESTIVAL CARNIVAL ON MAY 6-10. COMMISSIONER WYANT MADE THE MOTION TO APPROVE. SECOND BY COMMISSIONER WEBSTER. VOTE WAS TAKEN: YEAS: 5. COMMISSIONER BAUMGARTE, WYANT, MILLER, WEBSTER, AND MAYOR KRAFT. NAYS: 0.

MAYOR KRAFT PRESENTED AN UPDATE ON THE GRANT FOR FIBRE-OPTIC INTERNET SERVICE. BENTON AND WEST FRANKFORT WERE CO-APPLICANTS FOR THE GRANT AND WERE TOGETHER AWARDED $68,000.00. WITH THE CITY’S SHARE OF $34,000.00 AND AN ADDITIONAL $20,000.00 COMMITTED FOR THE PROJECT, APPROXIMATELY $21,000.00 WILL STILL BE NEEDED FOR COMPLETION OF THE PROJECT. MAYOR KRAFT PRESENTED TWO OPTIONS: LET THE GRANT GO AND SEEK ANOTHER PROVIDER FOR THE SERVICE OR SPEND THE ADDITIONAL $21,000.00 TO COMPLETE THE PROJECT. IT WAS DECIDED TO BACK OUT OF THE GRANT AND SEEK A PROVIDER FOR THE PROJECT OR REAPPLY FOR THE GRANT NEXT YEAR.

COMMISSIONER WEBSTER MADE THE MOTION TO GO INTO EXECUTIVE SESSION FOR DISCUSSION OF POSSIBLE ACQUISITION AND/OR SALE OF REAL ESTATE; DISCUSSION OF POSSIBLE AND/OR PENDING LITIGATIONS; AND DISCUSSION OF POSSIBLE APPOINTMENT, EMPLOYMENT, COMPENSATION, DISCIPLINE, PERFORMANCE, OR DISMISSAL OF SPECIFIC EMPLOYEES OF THE PUBLIC BODY OR LEGAL COUNSEL FOR THE PUBLIC BODY, INCLUDING HEARING TESTIMONY ON A COMPLAINT LODGED AGAINST AN EMPLOYEE OF THE PUBLIC BODY OR AGAINST LEGAL COUNSEL FOR THE PUBLIC BODY TO DETERMINE ITS VALIDITY. SECOND BY COMMISSIONER WYANT. VOTE WAS TAKEN: YEAS: 5. COMMISSIONER BAUMGARTE, WYANT, MILLER, WEBSTER, AND MAYOR KRAFT. NAYS: 0.

TIME: 8:16 P.M.

COMMISSIONER WEBSTER MADE THE MOTION TO GO OUT OF EXECUTIVE SESSION. SECOND BY COMMISSIONER WYANT. VOTE WAS TAKEN: YEAS: 5. COMMISSIONER BAUMGARTE, WYANT, MILLER, WEBSTER, AND MAYOR KRAFT. NAYS: 0.

TIME: 8:53 P.M.

MAYOR KRAFT STATED THAT NO ACTION WILL BE TAKEN REGARDING EXECUTIVE SESSION.

COMMISSIONER WYANT MADE THE MOTION TO ADJOURN THE REGULAR SESSION. SECOND BY COMMISSIONER WEBSTER. VOTE WAS TAKEN: YEAS: 5. COMMISSIONER BAUMGARTE, WYANT, MILLER, WEBSTER, AND MAYOR KRAFT. NAYS: 0.

TIME: 8:58 P.M.

Laura Auten, City Clerk