MINUTES OF THE REGULAR BENTON CITY COUNCIL MEETING HELD MONDAY, APRIL 13, 2009 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.

ATTORNEY OTTO FALBAUM WAS AGAIN PRESENT TO DISCUSS THE POSSIBLE REDEVELOPMENT AGREEMENT FOR DOWNTOWN TIF OF THE NICKY T BUILDING #1 LLC. HE STATED THAT THE PROJECT HAS BEEN SCALED BACK TO AN ELIGIBLE PROJECT COST OF $195,000.00 WITH A TIF INCENTIVE OF 35%. THIS WILL BE DISCUSSED AND PRESENTED FOR APPROVAL LATER IN THE MEETING.

COMMISSIONER WEBSTER MADE THE MOTION TO WAIVE THE READING OF AND APPROVE THE MINUTES FROM THE REGULAR MEETING ON MARCH 23 AT 7:00. SECOND BY COMMISSIONER WYANT. VOTE WAS TAKEN: YEAS: 4. COMMISSIONERS BAUMGARTE, WYANT, MILLER, AND MAYOR KRAFT. NAYS: 0. ABSTAINED: 1. COMMISSIONER WEBSTER.

COMMISSIONER BAUMGARTE PRESENTED TWO PURCHASE ORDERS FOR THE SEWER PLANT: 2204 TO BIO SOLUTIONS IN THE AMOUNT OF $1,462.50 FOR SLUDGE REDUCTION CHEMICALS AND 2205 TO HONEYWELL INC. IN THE AMOUNT OF $1,187.95 FOR A HEAT EXCHANGER PART. SECOND BY COMMISSIONER MILLER. VOTE WAS TAKEN: YEAS: 5. COMMISSIONERS BAUMGARTE, WYANT, MILLER, WEBSTER AND MAYOR KRAFT. NAYS: 0.

COMMISSIONER BAUMGARTE PRESENTED AND MADE THE MOTION TO APPROVE FOR ATTORNEY MALKOVICH TO PREPARE AN AMENDMENT TO THE ORDINANCE FOR THE YOUTH CENTER BOARD AS FOLLOWS: DECREASE NUMBER OF MEMBERS FROM 7 TO 5 AND CHANGE THE NAME OF THE BOARD TO BENTON YOUTH BOARD. SECOND BY COMMISSIONER WEBSTER. VOTE WAS TAKEN: YEAS: 5. COMMISSIONERS BAUMGARTE, WYANT, MILLER, WEBSTER AND MAYOR KRAFT. NAYS: 0.

COMMISSIONER BAUMGARTE PRESENTED AND MADE THE MOTION TO APPROVE CVS WATER LINE MAINTENANCE RESOLUTION 09-06. SECOND BY COMMISSIONER MILLER. VOTE WAS TAKEN: YEAS: 5. COMMISSIONERS BAUMGARTE, WYANT, MILLER, WEBSTER AND MAYOR KRAFT. NAYS: 0.

COMMISSIONER BAUMGARTE PRESENTED FOR APPROVAL WASTE DISCHARGE ORDINANCE 09-04. THE EPA HAS RECOMMENDED THIS FOR MONITORING OF INDUSTRIAL WASTE LIMITS. SECOND BY COMMISSIONER WEBSTER. VOTE WAS TAKEN: YEAS: 5. COMMISSIONERS BAUMGARTE, WYANT, MILLER, WEBSTER AND MAYOR KRAFT. NAYS: 0.

COMMISSIONER WYANT PRESENTED AND MADE THE MOTION TO APPROVE PURCHASE ORDER 1521 TO ENERGY CULVERT IN THE AMOUNT OF $910.00 FOR PLASTIC TILE FOR IOWA STREET. SECOND BY COMMISSIONER BAUMGARTE. VOTE WAS TAKEN: YEAS: 5. COMMISSIONERS BAUMGARTE, WYANT, MILLER, WEBSTER AND MAYOR KRAFT. NAYS: 0.

COMMISSIONER WYANT PRESENTED AND MADE THE MOTION TO APPROVE ORDINANCE 09-05 CHANGING THE SPEED LIMIT ON IOWA STREET FROM PARK STREET TO PETROFF ROAD TO 25 MPH. SECOND BY COMMISSIONER WEBSTER. VOTE WAS TAKEN: YEAS: 5. COMMISSIONERS BAUMGARTE, WYANT, MILLER, WEBSTER AND MAYOR KRAFT. NAYS: 0.

COMMISSIONER WYANT PRESENTED FOR APPROVAL THE HIRING OF A MOWER FOR CITY RIGHT-OF-WAYS. A LAID OFF EMPLOYEE IN THE STREET DEPARTMENT WILL BE CONTACTED TO SEE IF HE WANTS TO FILL THE SEASONAL POSITION, AND IF NOT AN EMPLOYEE WILL BE HIRED ON A TEMPORARY BASIS. THE EMPLOYEE WILL BEGIN ON APRIL 20. SECOND BY COMMISSIONER BAUMGARTE. VOTE WAS TAKEN: YEAS: 5. COMMISSIONERS BAUMGARTE, WYANT, MILLER, WEBSTER AND MAYOR KRAFT. NAYS: 0.

COMMISSIONER WYANT REPORTED THAT THE NEW SEAMAN TRACTOR IS SCHEDULED TO ARRIVE AT THE END OF THIS MONTH.

COMMISSIONER WEBSTER PRESENTED MONTHLY BILLS FOR THE GENERAL FUND IN THE AMOUNT OF $62,957.74 AND FOR THE WATER AND SEWER FUND IN THE AMOUNT OF $66,206.04 AND MADE THE MOTION TO APPROVE. SECOND BY COMMISSIONER MILLER. VOTE WAS TAKEN: YEAS: 5. COMMISSIONERS BAUMGARTE, WYANT, MILLER, WEBSTER AND MAYOR KRAFT. NAYS: 0. COMMISSIONER WEBSTER PRESENTED OTHER FUND BILLS IN THE AMOUNT OF $123,706.23 AND MADE THE MOTION TO APPROVE. SECOND BY COMMISSIONER BAUMGARTE. VOTE WAS TAKEN: YEAS: 5. COMMISSIONERS BAUMGARTE, WYANT, MILLER, WEBSTER AND MAYOR KRAFT. NAYS: 0.

COMMISSIONER WEBSTER PRESENTED AND MADE THE MOTION TO APPROVE PAYROLL PAYABLE APRIL 3 FOR THE GENERAL FUND IN THE AMOUNT OF $45,179.07, THE WATER AND SEWER FUND IN THE AMOUNT OF $25,727.88, AND CROSSING GUARDS IN THE AMOUNT OF $334.72. SECOND BY COMMISSIONER BAUMGARTE. VOTE WAS TAKEN: YEAS: 5. COMMISSIONERS BAUMGARTE, WYANT, MILLER, WEBSTER AND MAYOR KRAFT. NAYS: 0.

COMMISSIONER WEBSTER PRESENTED SEWER ADJUSTMENT APPLICATIONS FOR WILLIAM SMITH AT 106 VIRGINIA; EDITH GOSTOSKI AT 511 EAST SMITH STREET; BOB AND DONNA GANZ AT 1011 EAST MAIN STREET; SARAH VANCIL AT 806 HICKMAN; RUTH STOUFFER AT 914 NORTH MADISON; KATIE HOUSEWORTH AT 113 VIRIGINIA; AND KYLE GRAY AT 210 NORTH WARD AND MADE THE MOTION TO APPROVE AS NONE OF THE WATER FROM THE LEAKS WENT INTO THE SEWER SYSTEM SECOND BY COMMISSIONER MILLER. VOTE WAS TAKEN: YEAS: 5. COMMISSIONERS BAUMGARTE, WYANT, MILLER, WEBSTER AND MAYOR KRAFT. NAYS: 0.

COMMISSIONER WEBSTER PRESENTED THE PROPOSED 2009-10 BUDGET. THE BUDGET HAS BEEN AVAILABLE FOR INSPECTION IN THE CITY CLERK’S OFFICE FOR TWO WEEKS AND NO CHANGES HAVE BEEN BROUGHT TO HIS ATTENTION. COMMISSIONER WEBSTER MADE THE MOTION TO APPROVE THE 2009-10 BUDGET AS ORDINANCE 09-06. SECOND BY COMMISSIONER WYANT. VOTE WAS TAKEN: YEAS: 5. COMMISSIONERS BAUMGARTE, WYANT, MILLER, WEBSTER AND MAYOR KRAFT. NAYS: 0.

COMMISSIONER WEBSTER PRESENTED THAT THREE MOWING BIDS OPENED AT THE PREVIOUS COUNCIL MEETING HAVE BEEN REVIEWED BY PAULA GALLOWAY FOR PROPER QUALIFICATIONS AND MADE THE MOTION TO APPROVE AWARDING THE BID TO CHRIS LEVINE. SECOND BY COMMISSIONER MILLER. VOTE WAS TAKEN: YEAS: 5. COMMISSIONERS BAUMGARTE, WYANT, MILLER, WEBSTER AND MAYOR KRAFT. NAYS: 0.

COMMISSIONER WEBSTER PRESENTED AND MADE THE MOTION TO APPROVE A $500.00 DONATION REQUEST FOR THE ANNUAL BCHS CLEAN AND GREEN EVENT TO BE HELD ON MAY 9. SECOND BY COMMISSIONER BAUMGARTE. VOTE WAS TAKEN: YEAS: 5. COMMISSIONERS BAUMGARTE, WYANT, MILLER, WEBSTER AND MAYOR KRAFT. NAYS: 0.

COMMISSIONER WEBSTER PRESENTED AND MADE THE MOTION TO INSTRUCT ATTORNEY MALKOVICH TO DRAW UP AN AMENDMENT TO THE ORDINANCE PERTAINING TO THE MEMBERSHIP OF THE AIRPORT BOARD, REDUCING IT FROM 8 MEMBERS TO 6 MEMBERS IN ADDITION TO THE FINANCE COMMISSIONER. SECOND BY COMMISSIONER MILLER. VOTE WAS TAKEN: YEAS: 5. COMMISSIONERS BAUMGARTE, WYANT, MILLER, WEBSTER AND MAYOR KRAFT. NAYS: 0.

COMMISSIONER WEBSTER PRESENTED TWO PROPOSALS FROM AUDIT FIRM GRAY HUNTER STENN: A PROPOSAL FOR 2009 ONLY AT A COST OF $33,900.00 PLUS UP TO $1,000.00 FOR RISK ASSESSMENT; AND A PROPOSAL FOR THREE YEARS AT THE SAME COST FOR 2009 PLUS AN ADDITIONAL COST OF $34,500.00 PER YEAR FOR 2010 AND 2011 PLUS UP TO $1,000.00 PER YEAR FOR RISK ASSESSMENT. COMMISSIONER WEBSTER MADE THE MOTION TO APPROVE THE THREE-YEAR PROPOSAL HIRING GRAY HUNTER STENN AS CITY AUDIT FIRM. SECOND BY COMMISSIONER WYANT. VOTE WAS TAKEN: YEAS: 5. COMMISSIONERS BAUMGARTE, WYANT, MILLER, WEBSTER AND MAYOR KRAFT. NAYS: 0.

ATTORNEY MALKOVICH CONTINUED DISCUSSION ON THE OTTO FALBAUM PRESENTATION. COMMISSIONER WEBSTER MADE THE MOTION TO APPROVE THE TAX INCREMENT FINANCE DISTRICT FOR THE NICKY T BUILDING #1 LLC. SECOND BY COMMISSIONER BAUMGARTE. VOTE WAS TAKEN: YEAS: 4. COMMISSIONERS BAUMGARTE, MILLER, WEBSTER AND MAYOR KRAFT. NAYS: 1. COMMISSIONER WYANT.

ATTORNEY MALKOVICH PRESENTED THAT A SIGNED COPY OF A 2007 AGREEMENT BETWEEN THE CITY OF BENTON AND BENTON SQUARE LOFT CONDOMINIUM ASSOCIATION SIMILAR TO THE CVS WATER LINE MAINTENANCE AGREEMENT WAS NOT OBTAINED TWO YEARS AGO BUT HAS NOW BEEN SIGNED BY A DIRECTOR OF THE ASSOCIATION. HE PRESENTED THE AGREEMENT TO MAYOR KRAFT FOR HIS SIGNATURE.

ATTORNEY MALKOVICH REPORTED THAT HE HAS SPOKEN TO DENNIS SCHWEIGERT OF ECODIGITAL AND THEY ARE BEGINNING THE DEMOLITION PROCESS FOR LOGAN SCHOOL. THEY HAVE PROVIDED HIM WITH A CERTIFICATE OF LIABILITY INSURANCE THAT COVERS THE CITY. ASBESTOS REMOVAL SHOULD BEGIN THIS WEEK.

ATTORNEY MALKOVICH PRESENTED THAT THERE HAVE BEEN NO CHANGES IN THE ZONING MAP DURING THE PAST YEAR. COMMISSIONER WEBSTER MADE THE MOTION TO APPROVE THE CURRENT ZONING MAP. SECOND BY COMMISSIONER MILLER. VOTE WAS TAKEN: YEAS: 5. COMMISSIONERS BAUMGARTE, WYANT, MILLER, WEBSTER AND MAYOR KRAFT. NAYS: 0.

UNDER OLD BUSINESS, COMMISSIONER WEBSTER INQUIRED ABOUT THE TWIN OAKS COMMITTEE AND WHEN THEY WERE EXPECTED TO REPORT BACK TO THE COUNCIL. THEY WILL BE CONTACTED TO REQUEST A REPORT ON TWIN OAKS IN THE NEAR FUTURE.

COMMISSIONER WEBSTER REPORTED THAT THE FIRE TRUCK DECLARED AS SURPLUS EQUIPMENT AND PURCHASED BY BID IN 2008 STILL REMAINS PARKED AT THE WATER BARN. THE PURCHASER WILL BE NOTIFIED AND ASKED TO RELOCATE THE TRUCK BY THE END OF NEXT MONTH.

MAYOR KRAFT REPORTED THAT THE JAIL MUSEUM BUILDING IS IN NEED OF UPKEEP TOTALING $5,500.00 AND THE HISTORIC PRESERVATION SOCIETY IS REQUESTING REIMBURSEMENT OF 25% OF THIS COST OR $1,350.00 FROM THE TIF POOL. THIS WILL BE PRESENTED FOR CONSIDERATION AT THE NEXT COUNCIL MEETING.

UNDER MATTERS FROM THE PUBLIC AUDIENCE, THE OWNERS OF THE PROPERTY AT 113 VIRGINIA, WHO HAD A SEWER ADJUSTMENT APPROVED EARLIER IN THE MEETING, REQUESTED THAT THE COUNCIL ALSO CONSIDER A REDUCTION IN THE WATER PORTION OF THE BILL. THEY WERE TOLD THAT WE DO NOT ADJUST FOR WATER AND WILL MEET WITH COMMISSIONER WEBSTER LATER THIS WEEK TO DETERMINE THE BALANCE OWED.

COMMISSIONER WEBSTER MADE THE MOTION TO GO INTO EXECUTIVE SESSION FOR DISCUSSION OF POSSIBLE AND/OR PENDING LITIGATIONS AND DISCUSSION OF 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 BAUMGARTE. VOTE WAS TAKEN: YEAS: 5. COMMISSIONERS BAUMGARTE, WYANT, MILLER, WEBSTER AND MAYOR KRAFT. NAYS: 0.

TIME: 7:35

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

TIME: 8:15

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

COMMISSIONER BAUMGARTE MADE THE MOTION FOR ATTORNEY MALKOVICH TO WRITE A LETTER TO THE ATTORNEY FOR CLARENCE MILLIKAN REGARDING WORKERS COMPENSATION AND SOCIAL SECURITY BENEFITS. SECOND BY COMMISSIONER MILLER. VOTE WAS TAKEN: YEAS: 5. COMMISSIONERS BAUMGARTE, WYANT, MILLER, WEBSTER AND MAYOR KRAFT. NAYS: 0.

COMMISSIONER WEBSTER MADE THE MOTION TO INSTRUCT ATTORNEY MALKOVICH TO CREATE A NEW LICENSE FOR THE CIVIC CENTER TO ALLOW FOR THE SALE OF BEER AND WINE ONLY WITH AN ANNUAL FEE OF $100.00. SECOND BY COMMISSIONER WYANT. VOTE WAS TAKEN: YEAS: 4. COMMISSIONERS WYANT, MILLER, WEBSTER AND MAYOR KRAFT. NAYS: 1. COMMISSIONER BAUMGARTE.

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

TIME: 8:22

Laura Auten, City Clerk