MINUTES OF THE REGULAR BENTON CITY COUNCIL MEETING HELD MONDAY, NOVEMBER 10, 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.

MAYOR KRAFT PRESENTED CURT MOWRER AND MIKE WYANT FROM DOWNTOWN BENTON, INC. MOWRER REPORTED ON RESULTS OF A RECENT SIDEWALK SURVEY WITH THOSE SHOPPING IN OUR AREA AND ALSO A SURVEY SENT TO BENTON RESIDENTS. THE SIDEWALK SURVEY WAS VERY FAVORABLE WITH ALL ANSWERING THEY WOULD RETURN TO BENTON TO SHOP IN THE FUTURE. THE SURVEY SENT TO RESIDENTS INDICATED MOST FREQUENTLY A DESIRE FOR A GROCERY STORE. DBI WILL FORMULATE AN ACTION PLAN BASED ON THESE SURVEYS. WYANT REQUESTED THAT THE MAYOR PROVIDE A LIST OF INCENTIVES THAT HAVE BEEN OFFERED TO POTENTIAL GROCERY STORES IN THE PAST SO THAT THEY CAN BE USED TO CONTINUE TO PURSUE POSSIBILITIES FOR ONE TO LOCATE HERE.

MAYOR KRAFT PRESENTED RALPH PERRY AND AN ASSOCIATE FROM 4SIWI, A WIRELESS INTERNET PROVIDER. PERRY IS SEEKING PERMISSION TO INSTALL EQUIPMENT ON THE CITY’S NORTH SIDE WATER TOWER TO PROVIDE WIRELESS INTERNET TO A FIVE MILE RADIUS, PRIMARILY TO THE LAKE BENTON AND LAKE MOSES AREA. THE CITY WOULD BE COMPENSATED A PERCENTAGE OR DOLLAR AMOUNT PER CUSTOMER. CHIEF O’NEILL WAS IN ATTENDANCE AND EXPRESSED CONCERN THAT THE SIGNAL WOULD INTERFERE WITH POLICE DEPARTMENT RADIO TRANSMISSIONS, SINCE REPEATERS ARE INSTALLED ON THE SAME TOWER TO ALLOW POLICE TRANSMISSION TO THE LAKE BENTON AREA. PERRY STATED HE WAS WILLING TO WORK WITH THE CITY AND CHIEF O’NEILL TO ALLEVIATE ANY CONCERNS. ATTORNEY MALKOVICH IS REVIEWING THE LANGUAGE IN THE CONTRACTS PROVIDED AND THE COUNCIL WILL CONTINUE TO CONSIDER THE PROPOSAL.

COMMISSIONER WEBSTER MADE A MOTION TO WAIVE THE READING OF AND APPROVE THE MINUTES FROM THE REGULAR SESSION AT 7:00 ON OCTOBER 27, 2008 AS PRESENTED. SECOND BY COMMISSIONER BAUMGARTE. VOTE WAS TAKEN: YEAS: 4. COMMISSIONER BAUMGARTE, WYANT, WEBSTER, AND MAYOR KRAFT. NAYS: 0.

COMMISSIONER WYANT PRESENTED A PETITION BY JANE CASTLE AND ROSA POTTS MCBRIDE FOR VACATION OF AN ALLEY IN BLOCK G AT G. C. CANTRELL’S ADDITION AND MADE THE MOTION TO HOLD A PUBLIC HEARING AT 6:45 ON NOVEMBER 24, 2008. SECOND BY COMMISSIONER BAUMGARTE. VOTE WAS TAKEN: YEAS: 4. COMMISSIONER BAUMGARTE, WYANT, WEBSTER, AND MAYOR KRAFT. NAYS: 0.

COMMISSIONER WYANT PRESENTED BIDS ON THE PURCHASE OF A PICKUP TRUCK FOR THE STREET DEPARTMENT. BIDS WERE SUBMITTED BY WEEKS CHEVROLET IN BENTON AND LANDMARK FORD IN SPRINGFIELD. ACTION WAS TABLED UNTIL A COMPLETE REVIEW OF THE BIDS CAN TAKE PLACE.

COMMISSIONER WYANT PRESENTED ORDINANCE 08-33 FOR THE LETTER OF UNDERSTANDING REGARDING PETROFF ROAD WITH BROWNING TOWNSHIP AND MADE THE MOTION TO APPROVE. SECOND BY COMMISSIONER BAUMGARTE. VOTE WAS TAKEN: YEAS: 4. COMMISSIONER BAUMGARTE, WYANT, WEBSTER, AND MAYOR KRAFT. NAYS: 0.

COMMISSIONER WEBSTER STATED THAT THE MEETING WOULD NEED TO BE CONTINUED IN ORDER TO PAY MONTHLY BILLS.

COMMISSIONER WEBSTER PRESENTED PAYROLL PAYABLE OCTOBER 31 FROM THE GENERAL FUND IN THE AMOUNT OF $50,651.56 AND MADE THE MOTION TO APPROVE. SECOND BY COMMISSIONER BAUMGARTE. VOTE WAS TAKEN: YEAS: 4. COMMISSIONER BAUMGARTE, WYANT, WEBSTER, AND MAYOR KRAFT. NAYS: 0.

COMMISSIONER WEBSTER PRESENTED PAYROLL PAYABLE OCTOBER 31 FROM THE WATER AND SEWER FUND IN THE AMOUNT OF $29,682.87 AND MADE THE MOTION TO APPROVE. SECOND BY COMMISSIONER WYANT. VOTE WAS TAKEN: YEAS: 4. COMMISSIONER BAUMGARTE, WYANT, WEBSTER, AND MAYOR KRAFT. NAYS: 0.

COMMISSIONER WEBSTER PRESENTED PAYROLL PAYABLE OCTOBER 31 FOR CROSSING GUARDS IN THE AMOUNT OF $306.36 AND MADE THE MOTION TO APPROVE. SECOND BY COMMISSIONER BAUMGARTE. VOTE WAS TAKEN: YEAS: 4. COMMISSIONER BAUMGARTE, WYANT, WEBSTER, AND MAYOR KRAFT. NAYS: 0.

COMMISSIONER WEBSTER PRESENTED BACK PAY PAYABLE OCTOBER 31 IN THE AMOUNT OF $5,291.29 FOR THE FIRE DEPARTMENT AND MADE THE MOTION TO APPROVE. 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 FOR MARTY REYNOLDS AT 334 WEST 4TH STREET. SECOND BY COMMISSIONER BAUMGARTE. VOTE WAS TAKEN: YEAS: 4. COMMISSIONER BAUMGARTE, WYANT, WEBSTER, AND MAYOR KRAFT. NAYS: 0. COMMISSIONER WEBSTER PRESENTED AND MADE THE MOTION TO DENY A SEWER ADJUSTMENT FOR CYNTHIA HALL AT 802 NORTH COMMERCIAL STREET DUE TO THE WATER LOSS GOING THROUGH THE SEWER SYSTEM. SECOND BY COMMISSIONER WYANT. VOTE WAS TAKEN: YEAS: 4. COMMISSIONER BAUMGARTE, WYANT, WEBSTER, AND MAYOR KRAFT. NAYS: 0.

COMMISSIONER WEBSTER PRESENTED RESOLUTION 08-20 TO INCLUDE TAXABLE ALLOWANCES AS IMRF EARNINGS. THIS WILL BE RETROACTIVE TO JANUARY 1, 2000 AND PERTAINS TO MONTHLY TRAVEL ALLOWANCES PAID TO THE CITY CLERK, TREASURER, WATER CLERK AND ZONING ADMINISTRATOR. SECOND BY COMMISSIONER WYANT. VOTE WAS TAKEN: YEAS: 4. COMMISSIONER BAUMGARTE, WYANT, WEBSTER, AND MAYOR KRAFT. NAYS: 0.

COMMISSIONER WEBSTER PRESENTED TAX LEVY ORDINANCE 08-34 AND MADE THE MOTION TO APPROVE. SECOND BY COMMISSIONER BAUMGARTE. VOTE WAS TAKEN: YEAS: 4. COMMISSIONER BAUMGARTE, WYANT, WEBSTER, AND MAYOR KRAFT. NAYS: 0.

ATTORNEY MALKOVICH PRESENTED NEW AGREEMENTS WITH ROBERTA TABOR KEARNEY FOR A 180-DAY EXCLUSIVE RIGHT TO PURCHASE AND AN ADDITIONAL 180-DAY RIGHT OF FIRST REFUSAL ON LOT 1 AT INDUSTRIAL PARK II. THESE AGREEMENTS ARE NECESSARY TO CLEAR UP ERRORS INDICATING THE WRONG LOT ON PRIOR DOCUMENTS. 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 RESOLUTION 08-21 IN SUPPORT OF THE CDAP MARS III HOUSING REHAB GRANT. COMMISSIONER WYANT MADE THE MOTION TO APPROVE. SECOND BY COMMISSIONER BAUMGARTE. VOTE WAS TAKEN: YEAS: 4. COMMISSIONER BAUMGARTE, WYANT, WEBSTER, AND MAYOR KRAFT. NAYS: 0.

MAYOR KRAFT PRESENTED THE STIPULATED AGREEMENT FOR SAFETY IMPROVEMENTS AT THE SOUTH POPE STREET AND FIRST STREET RAILROAD CROSSINGS. THE CITY’S SHARE WOULD BE $39,666.00 FOR BOTH CROSSINGS PLUS FUTURE MAINTENANCE COSTS. DISCUSSION WAS HELD ABOUT WHETHER THE CITY’S RESPONSIBILITY FOR FUTURE MAINTENANCE COST HAS BEEN STANDARD IN PRIOR AGREEMENTS AND THE ISSUE WAS TABLED UNTIL THIS CAN BE VERIFIED.

MAYOR KRAFT PRESENTED THAT THE BIDDING PROCESS FOR THE LOGAN SCHOOL DEMOLITION PROJECT SHOULD BE STARTED. 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.

UNDER OLD BUSINESS, COMMISSIONER WEBSTER NOTED THAT RESIDENTS NEED TO BE ADVISED NOT TO BURN ON THE STREET OR IN THE GUTTERS.

COMMISSIONER BAUMGARTE REPORTED ON THE INTERCEPTOR LINE REPLACEMENT PROJECT. HE MET THIS WEEK WITH A PERSON WHO WILL BID ON TELEVISING THE REPLACEMENT ACROSS INTERSTATE 57. TO BE ABLE TO WORK ON BOTH SIDES THE STATE WILL REQUIRE SIGNAGE ALONG 57. THE OWNER OF KOA CAMPGROUND HAS BEEN AGREEABLE TO WORK WITH THE CITY REGARDING THE REPLACEMENT THAT WILL RUN THROUGH THEIR PROPERTY. THE FIRST FLUSH POND WILL BE INSTALLED AROUND THE SAME TIME, WHICH WILL TAKE CARE OF SOME OF THE EPA’S CONCERNS.

COMMISSIONER WYANT MADE THE MOTION TO CONTINUE THE REGULAR SESSION ON MONDAY, NOVEMBER 17, AT 8:30 A.M. SECOND BY COMMISSIONER WYANT. VOTE WAS TAKEN: YEAS: 4. COMMISSIONER BAUMGARTE, WYANT, WEBSTER, AND MAYOR KRAFT. NAYS: 0.

TIME: 8:30 P.M.

MINUTES OF THE CONTINUED BENTON CITY COUNCIL MEETING HELD MONDAY, NOVEMBER 17, 2008 AT 8:30 A.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 PRESENTED GENERAL FUND BILLS IN THE AMOUNT OF $56,983.75 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 WATER AND SEWER DEPARTMENT BILLS IN THE AMOUNT OF $116,341.09 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 OTHER FUND BILLS IN THE AMOUNT OF $10,033.01 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.

MAYOR KRAFT REPORTED THAT THE ITEM IN THE STIPULATED AGREEMENT FOR SAFETY IMPROVEMENTS AT THE SOUTH POPE STREET AND FIRST STREET RAILROAD CROSSINGS REGARDING FUTURE MAINTENANCE THAT WAS DISCUSSED AT THE NOVEMBER 10 MEETING PERTAINS ONLY TO THE ADVANCE WARNING SIGNAGE AT THE CROSSING. COMMISSIONER WYANT MADE THE MOTION TO APPROVE FOR THE CITY TO ACCEPT THE AGREEMENT. SECOND BY COMMISSIONER MILLER. VOTE WAS TAKEN: YEAS: 5. COMMISSIONER BAUMGARTE, WYANT, MILLER, WEBSTER, AND MAYOR KRAFT. NAYS: 0.

COMMISSIONER WYANT REPORTED THAT THE PRIOR MOTION TO SET A PUBLIC HEARING FOR THE ALLEY VACATION FOR 6:45 ON NOVEMBER 24 MUST BE RESCINDED DUE TO A FIFTEEN DAY NOTICE REQUIREMENT AND MADE THE MOTION TO APPROVE THAT THE HEARING BE RESCHEDULED FOR MONDAY EVENING, DECEMBER 8, AT 6:45. SECOND BY COMMISSIONER WEBSTER. VOTE WAS TAKEN: YEAS: 5. COMMISSIONER BAUMGARTE, WYANT, MILLER, WEBSTER, AND MAYOR KRAFT. NAYS: 0.

COMMISSIONER WYANT MADE THE MOTION TO ACCEPT THE BID OF $23,235.00 FROM LANDMARK FORD IN SPRINGFIELD FOR A NEW 2008 F250 PICKUP TRUCK, SUBJECT TO AVAILABILITY. ADDITIONAL BIDS SUBMITTED WERE AS FOLLOWS: A BID FROM LANDMARK FORD FOR $29,725.00 ON THE SAME TRUCK ORDERED FROM THE FACTORY, AND TWO BIDS FROM WEEKS CHEVROLET: $26,260.00 FOR A 2009 CHEVY SILVERADO AND $18,800.00 FOR A USED 2008 DODGE D2500. SECOND BY COMMISSIONER BAUMGARTE. VOTE WAS TAKEN: YEAS: 5. COMMISSIONER BAUMGARTE, WYANT, MILLER, WEBSTER, AND MAYOR KRAFT. NAYS: 0.

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

TIME: 8:55 A.M.

Laura Auten, City Clerk