MINUTES OF THE REGULAR BENTON CITY COUNCIL MEETING HELD MONDAY, JUNE 9, 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 WEBSTER AND MAYOR KRAFT. COMMISSIONER MILLER WAS ABSENT.

COMMISSIONER WEBSTER MADE A MOTION TO WAIVE READING OF AND APPROVE THE MINUTES FROM THE REGULAR SESSION ON MAY 27, 2008 AS PRESENTED. SECOND BY COMMISSIONER BAUMGARTE. VOTE WAS TAKEN: YEAS: 4. COMMISSIONER BAUMGARTE, WYANT, WEBSTER, AND MAYOR KRAFT. NAYS: 0.

COMMISSIONER BAUMGARTE PRESENTED AND MADE A MOTION TO APPROVE PURCHASE ORDER 2174 IN THE AMOUNT OF $1,783.75 TO VAN DEVANTE CO. FOR LAGOON PUMP REPAIR AND PURCHASE ORDER 2173 TO BIG SOLUTIONS IN THE AMOUNT OF $1,248.00 FOR 75 POUNDS OF BIO BUGS FOR SLUDGE REDUCTION AT THE SEWER PLANT. SECOND BY COMMISSIONER WYANT. VOTE WAS TAKEN: YEAS: 4. COMMISSIONER BAUMGARTE, WYANT, WEBSTER, AND MAYOR KRAFT. NAYS: 0.

COMMISSIONER BAUMGARTE TABLED THE DISCUSSION AND/OR APPROVAL OF THE CUSTODIAN CONTRACT UNTIL NAMES LISTED ON INSURANCE CAN BE CLARIFIED.

COMMISSIONER BAUMGARTE REPORTED THAT AN EPA VISIT TO THE SEWER PLANT TOOK PLACE ON MAY 29, 2008. A LARGE AMOUNT OF GROUND INFILTRATION WAS FOUND IN THE SYSTEM AND A 30 INCH INTERCEPTOR LINE LOCATED IN PART UNDER INTERSTATE 57 NEEDS TO BE REPAIRED. A LETTER OF INSTRUCTION WAS RECEIVED FROM EPA OUTLINING THEIR REQUIREMENTS. COMMISSIONER BAUMGARTE STATED THAT LIPE ENGINEERING AND ASSOCIATES COULD DESIGN THE INTERCEPTOR LINE AND APPLY FOR A GRANT IN JANUARY OF 2009 SO THAT BY MAY 2009 A DECISION CAN BE MADE REGARDING HOW TO PROCEED. A LETTER HAS BEEN DRAFTED FOR THE EPA DETAILING THE CITY’S PLANS. COMMISSIONER BAUMGARTE MOTIONED TO APPROVE THE HIRING OF LIPE ENGINEERING AND ASSOCIATES TO DESIGN THE INTERCEPTOR SEWER LINE REPLACEMENT AT A COST OF $50,125.00. SECOND BY COMMISSIONER WYANT. VOTE WAS TAKEN: YEAS: 4. COMMISSIONER BAUMGARTE, WYANT, WEBSTER, AND MAYOR KRAFT. NAYS: 0. COMMISSIONER BAUMGARTE THEN MADE THE MOTION TO AUTHORIZE LIPE AND ASSOCIATES TO EVALUATE AND COMPARE COSTS ASSOCIATED WITH REPLACEMENT OF THE CURRENT SEWER PLANT WITH ONE OF A DIFFERENT DESIGN (COST AND OPERATION) ALONG WITH THE AUTHORIZATION FOR SURVEY WORK TO KNOW IF ACREAGE IS AVAILABLE AND HOW THE LAYOUT WOULD WORK. THE COST FOR THIS EVALUATION IS NOT AVAILABLE AT THIS TIME. SECOND BY COMMISSIONER WYANT. VOTE WAS TAKEN: YEAS: 4. COMMISSIONER BAUMGARTE, WYANT, WEBSTER, AND MAYOR KRAFT. NAYS: 0.

COMMISSIONER WYANT PRESENTED AND MADE THE MOTION TO APPROVE THE E. T. SIMONDS BID FOR THE 2008 OVERLAY PROJECT. TWO BIDS WERE RECEIVED AT THE JUNE 3 BID LETTING: E.T. SIMONDS AT $159,313.82 AND SOUTHERN ILLINOIS ASPHALT AT $165,424.53. SECOND BY COMMISSIONER WEBSTER. VOTE WAS TAKEN: YEAS: 4. COMMISSIONER BAUMGARTE, WYANT, WEBSTER, AND MAYOR KRAFT. NAYS: 0.

COMMISSIONER WYANT PRESENTED A LETTER OF UNDERSTANDING BETWEEN CITY OF BENTON AND BROWNING TOWNSHIP REGARDING PORTIONS OF PETROFF ROAD. IN PARAGRAPH FIVE BROWNING TOWNSHIP AGREES TO ACCEPT A ONE-TIME PAYMENT OF $5,400.00 FOR CITY OF BENTON TO GAIN OWNERSHIP OF THIS PORTION OF PETROFF ROAD. SECOND BY COMMISSIONER WEBSTER. VOTE WAS TAKEN: YEAS: 4. COMMISSIONER BAUMGARTE, WYANT, WEBSTER, AND MAYOR KRAFT. NAYS: 0.

COMMISSIONER WYANT REPORTED THAT HE HAS BEEN IN CONTACT WITH WEST CITY REGARDING DIVISION STREET. WEST CITY NEEDS TO TAKE DOWN PART OF DIVISION STREET AND BENTON’S PORTION OF 150 FEET TO DUQUOIN STREET MUST BE TAKEN DOWN TEN TO TWELVE INCHES TO MATCH. THE CITY ATTORNEY FROM WEST CITY IS PREPARING AN INTERGOVERNMENTAL AGREEMENT REGARDING THIS PROJECT TO BE PRESENTED AT A FUTURE COUNCIL MEETING.

COMMISSIONER WEBSTER MADE A MOTION TO CONTINUE THE MEETING UNTIL FRIDAY, JUNE 13, AT 8:30 A.M. FOR THE APPROVAL AND PAYMENT OF MONTHLY BILLS AND ANY OTHER ITEM FROM TONIGHT’S AGENDA. SECOND BY COMMISSIONER WYANT. VOTE WAS TAKEN: YEAS: 4. COMMISSIONER BAUMGARTE, WYANT, WEBSTER, AND MAYOR KRAFT. NAYS: 0.

COMMISSIONER WEBSTER PRESENTED AND MADE THE MOTION TO APPROVE A SEWER ADJUSTMENT AND POOL ADJUSTMENT FOR JANE JERKINS AT 501 WEST CARLTON STREET AND POOL ADJUSTMENTS FOR MICHELLE GULLEY AT 208 NORTH 7TH STREET, BENTON KOA AT 1500 NORTH DUQUOIN STREET, BARB MAUE AT 404 NORTH STOTLAR STREET, AND ELAINE CARLTON AT 906 EAST WEBSTER STREET. SECOND BY COMMISSIONER BAUMGARTE. VOTE WAS TAKEN: YEAS: 4. COMMISSIONER BAUMGARTE, WYANT, WEBSTER, AND MAYOR KRAFT. NAYS: 0.

MAYOR KRAFT PRESENTED ROD ROENTZ, DEVELOPMENT COORDINATOR FROM HUNTER TRACE SUBDIVISION. HE REPORTED THAT THEY ARE IN AGREEMENT WITH THE MATERIAL THE CITY IS REQUIRING THEM TO USE FOR WATER AND SEWER LINES. THE DISCHARGE FROM THE DETENTION POND WILL NEED TO BE RUN OFF TO THE EAST AND PLANS ARE BEING PREPARED FOR APPROVAL FROM THE LANDOWNER. CONSTRUCTION IS ESTIMATED TO BEGIN ON AUGUST 1. A CLARIFICATION WAS REQUESTED REGARDING THE AMOUNT OF MONEY APPROVED FOR LIGHTING. COMMISSIONER WYANT MADE A MOTION TO APPROVE $15,000.00 TO BE PAID FOR LIGHTING AT THE SUBDIVISION. SECOND BY COMMISSIONER WEBSTER. VOTE WAS TAKEN: YEAS: 4. COMMISSIONER BAUMGARTE, WYANT, WEBSTER, AND MAYOR KRAFT. NAYS: 0. ROENTZ THEN REQUESTED A REDUCED WATER RATE OR WATER ALLOWANCE FOR GRASS WATERING DURING CONSTRUCTION. COMMISSIONER BAUMGARTE STATED THAT A METER CAN BE PLACED AND HUNTER TRACE BILLED FOR WATER ONLY, ELIMINATING THE SEWER CHARGE. IT WAS SUGGESTED THAT A ONE-TIME BILL WOULD ALLOW FOR A REDUCED RATE FOR EXCESS GALLONS. COMMISSIONER BAUMGARTE WILL CHECK AVAILABLE OPTIONS AND REPORT TO ROENTZ.

MAYOR KRAFT PRESENTED PLANNING COMMISSION MINUTES AND PLANNING COMMISSION PUBLIC HEARING MINUTES FROM MONDAY, MAY 19, 2008 FOR APPROVAL AS PRESENTED. COMMISSIONER WEBSTER MADE THE MOTION TO APPROVE. SECOND BY COMMISSIONER WYANT. VOTE WAS TAKEN: YEAS: 4. COMMISSIONER BAUMGARTE, WYANT, WEBSTER, AND MAYOR KRAFT. NAYS: 0.

MAYOR KRAFT PRESENTED THAT A REDEVELOPMENT AGREEMENT WITH ECODIGITAL WAS ENTERED INTO IN THE PAST REGARDING THE DEMOLITION AND REDEVELOPMENT OF LOGAN SCHOOL PROPERTY. FIRE CHIEF MARSHALL REPORTED THAT THE DOME APPEARS TO BE COLLAPSING ON THE SCHOOL, CREATING A POTENTIALLY DANGEROUS SITUATION. MAYOR KRAFT HAS SPOKEN TO ECODIGITAL REGARDING THE CONTRACT AND THE CITY’S DESIRE TO PROCEED IMMEDIATELY WITH THE SEEKING OF BIDS FOR THE DEMOLITION OF THE SCHOOL. ATTORNEY MALKOVICH REQUESTED THAT THE MATTER BE TABLED UNTIL THE CONTINUED MEETING ON FRIDAY, JUNE 13, SO THAT HE CAN REVIEW THE CONTRACT.

UNDER MISCELLANEOUS BUSINESS, MAYOR KRAFT REPORTED THAT RAY SIMPSON OF CLEARWAVE COMMUNICATIONS IN HARRISBURG HAS REQUESTED TO SUBMIT A PROPOSAL TO THE CITY FOR PHONE SERVICE. THE CITY’S CURRENT PHONE SERVICE BILLS WILL BE PROVIDED TO SIMPSON AND THE PROPOSAL SUBMITTED WILL BE REVIEWED AT A LATER DATE.

MAYOR KRAFT PRESENTED BIDS FOR CAPITAL PARK RESTROOMS. ONE BID WAS SUBMITTED FOR PLUMBING BY ROGER MELVIN FOR $4,500.00. TWO BIDS FOR LABOR ONLY FOR THE ROOF WERE SUBMITTED: CURT ERWIN CONSTRUCTION AT $3,600.00 AND PAUL MILLER AT $1,680.00. COMMISSIONER BAUMGARTE MADE THE MOTION TO ACCEPT THE BID FROM PAUL MILLER. SECOND BY COMMISSIONER WYANT. VOTE WAS TAKEN: YEAS: 4. COMMISSIONER BAUMGARTE, WYANT, WEBSTER, AND MAYOR KRAFT. NAYS: 0. COMMISSIONER WYANT MADE THE MOTION TO ACCEPT THE BID FROM ROGER MELVIN FOR PLUMBING. SECOND BY COMMISSIONER WEBSTER. VOTE WAS TAKEN: YEAS: 4. COMMISSIONER BAUMGARTE, WYANT, WEBSTER, AND MAYOR KRAFT. NAYS: 0. MAYOR KRAFT PRESENTED THE BILL FROM SRW INC. FOR $3,144.24 PREVIOUSLY BID AT $3,000.00 FOR LABOR ONLY WITH $144.24 INCLUDED FOR MISCELLANEOUS MATERIAL NEEDED. COMMISSIONER WEBSTER MADE THE MOTION TO PAY THIS BILL TO SRW INC. SECOND BY COMMISSIONER BAUMGARTE. VOTE WAS TAKEN: YEAS: 4. COMMISSIONER BAUMGARTE, WYANT, WEBSTER, AND MAYOR KRAFT. NAYS: 0.

UNDER MATTERS FROM THE PUBLIC AUDIENCE, DAVID GIBSON REQUESTED APPROVAL FOR LIQUOR LICENSING FOR A TENTATIVE LOCATION OF TWO SEPARATE BUILDINGS AT THE NORTH END OF TOWN. THIS WOULD CONSIST OF TWO LICENSES: A RESTAURANT LICENSE AND A CLASS A LICENSE FOR THE LOCATION NEXT DOOR. THE CITY CURRENTLY HAS AN ORDINANCE LIMITING CLASS A LICENSES TO NINE AND HAS NINE ISSUED AT THIS TIME. MAYOR KRAFT WILL PRESENT THIS REQUEST WHEN ALL COMMISSIONERS ARE PRESENT AND RESPOND AT A LATER DATE.

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: 4. COMMISSIONER BAUMGARTE, WYANT, WEBSTER, AND MAYOR KRAFT. NAYS: 0.

TIME: 7:53 P.M.

COMMISSIONER WEBSTER MADE THE MOTION TO GO OUT OF EXECUTIVE SESSION AND RETURN TO REGULAR SESSION. SECOND BY COMMISSIONER BAUMGARTE. VOTE WAS TAKEN: YEAS: 4. COMMISSIONER BAUMGARTE, WYANT, WEBSTER, AND MAYOR KRAFT. NAYS: 0.

TIME: 8:50 P.M.

COMMISSIONER WYANT MADE THE MOTION TO ADJOURN THE REGULAR SESSION. SECOND BY COMMISSIONER BAUMGARTE. VOTE WAS TAKEN: YEAS: 4. COMMISSIONER BAUMGARTE, WYANT, WEBSTER, AND MAYOR KRAFT. NAYS: 0.

Laura Auten, City Clerk