MINUTES OF THE REGULAR BENTON CITY COUNCIL MEETING HELD MONDAY, APRIL 27, 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.

COMMISSIONER WEBSTER MADE THE MOTION TO WAIVE THE READING OF AND APPROVE THE MINUTES FROM THE REGULAR MEETING ON APRIL 13 AT 7:00. SECOND BY COMMISSIONER WYANT. VOTE WAS TAKEN: YEAS: 5. COMMISSIONERS BAUMGARTE, WYANT, MILLER, WEBSTER AND MAYOR KRAFT. NAYS: 0.

COMMISSIONER BAUMGARTE PRESENTED PURCHASE ORDERS AS FOLLOWS: 2131 TO H. D. SUPPLY IN THE AMOUNT OF $1,160.00 FOR METER HEAD RETROFITS; 2132 TO LEAK DETECTION SERVICES, INC. IN THE AMOUNT OF $1,000.00 FOR LEAK TESTING SERVICES; 2193 TO MUNICIPAL EQUIPMENT IN THE AMOUNT OF $3,314.00 FOR PARTS FOR PRIMARY CLARIFIER AT THE SEWER PLANT; AND 2207 TO FLANDERS ELECTRIC IN THE AMOUNT OF $788.00 FOR A CIRCUIT BREAKER INTERRUPTER AT THE SEWER PLANT. 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 ORDINANCE 09-07 AMENDING THE YOUTH CENTER BOARD AS FOLLOWS: DECREASE NUMBER OF MEMBERS FROM 7 TO 5 AND CHANGE THE NAME OF THE CENTER TO YOUTH CENTER. SECOND BY COMMISSIONER WEBSTER. VOTE WAS TAKEN: YEAS: 5. COMMISSIONERS BAUMGARTE, WYANT, MILLER, WEBSTER AND MAYOR KRAFT. NAYS: 0.

COMMISSIONER BAUMGARTE PRESENTED AN AMENDMENT TO THE ENGINEERING SERVICES AGREEMENT WITH LIPE AND ASSOCIATES ON THE CDAP WATER LINE GRANT. BAUMGARTE MADE THE MOTION TO TABLE APPROVAL UNTIL AN ITEMIZED STATEMENT CAN BE OBTAINED. SECOND BY COMMISSIONER WEBSTER. VOTE WAS TAKEN: YEAS: 5. COMMISSIONERS BAUMGARTE, WYANT, MILLER, WEBSTER AND MAYOR KRAFT. NAYS: 0.

COMMISSIONER WYANT PRESENTED THAT A RESIDENT HAS REQUESTED THAT A STREET LIGHT BE INSTALLED AT THE ALLEY IN THE 200 BLOCK OF NORTH CHARLES STREET. WYANT HAS CHECKED THE LIGHTING AFTER DARK AND DOES NOT RECOMMEND THAT ADDITIONAL LIGHTING BE PROVIDED BY THE CITY.

COMMISSIONER WYANT REPORTED THAT THE BID LETTING FOR THE OVERLAY PROJECT WILL TAKE PLACE ON MAY 6.

COMMISSIONER WEBSTER PRESENTED AND MADE THE MOTION TO APPROVE PAYROLL PAYABLE APRIL 17 FOR THE GENERAL FUND IN THE AMOUNT OF $45,849.47, THE WATER AND SEWER FUND IN THE AMOUNT OF $26,596.88, AND CROSSING GUARDS IN THE AMOUNT OF $295.02. SECOND BY COMMISSIONER MILLER. VOTE WAS TAKEN: YEAS: 5. COMMISSIONERS BAUMGARTE, WYANT, MILLER, WEBSTER AND MAYOR KRAFT. NAYS: 0.

COMMISSIONER WEBSTER PRESENTED SEWER ADJUSTMENT APPLICATIONS FOR NORTH BENTON BAPTIST CHURCH AT 623 JOPLIN; JEFF BATTS AT 405 NORTH STUYVESANT; AND DUSTIN LAMPLEY AT 503 SOUTH MCLEANSBORO STREET AND MADE THE MOTION TO APPROVE AS NONE OF THE WATER FROM THE LEAKS WENT INTO THE SEWER SYSTEM SECOND BY COMMISSIONER BAUMGARTE. VOTE WAS TAKEN: YEAS: 5. COMMISSIONERS BAUMGARTE, WYANT, MILLER, WEBSTER AND MAYOR KRAFT. NAYS: 0.

COMMISSIONER WEBSTER PRESENTED THAT THE MAY 25 REGULAR COUNCIL MEETING FALLS ON A HOLIDAY AND MADE THE MOTION TO APPROVE TO RESCHEDULE THE MEETING TO TUESDAY, MAY 26. SECOND BY COMMISSIONER WYANT. VOTE WAS TAKEN: YEAS: 5. COMMISSIONERS BAUMGARTE, WYANT, MILLER, WEBSTER AND MAYOR KRAFT. NAYS: 0.

COMMISSIONER WEBSTER PRESENTED PAY RESOLUTION 09-07 FOR PATROLMEN AND RESOLUTION 09-08 FOR FIRE MEN. NO CHANGES HAVE BEEN MADE TO THESE SALARIES. SECOND BY COMMISSIONER BAUMGARTE. VOTE WAS TAKEN: YEAS: 5. COMMISSIONERS BAUMGARTE, WYANT, MILLER, WEBSTER AND MAYOR KRAFT. NAYS: 0.

COMMISSIONER WEBSTER PRESENTED ORDINANCE 09-08 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 WYANT. VOTE WAS TAKEN: YEAS: 5. COMMISSIONERS BAUMGARTE, WYANT, MILLER, WEBSTER AND MAYOR KRAFT. NAYS: 0.

MAYOR KRAFT PRESENTED ORDINANCE 09-09 CREATING THE CLASS H LIQUOR LICENSE CLASS. THE CLASS IS BEING ADDED TO ALLOW FOR THE LICENSE TO BE ISSUED TO THE CIVIC CENTER FOR SALE OF BEER AND WINE ONLY. THE CLASS H LICENSE COST HAS BEEN SET AT $100.00 PER YEAR AND THE HOURS OF OPERATION THAT THE CITY REQUIRES UNDER A CLASS H LICENSE WILL BE FROM TWELVE NOON TO MIDNIGHT ON MONDAY THROUGH SATURDAY ONLY. COMMISSIONER WEBSTER MADE THE MOTION TO APPROVE. SECOND BY COMMISSIONER WYANT. VOTE WAS TAKEN: YEAS: 4. COMMISSIONERS WYANT, MILLER, WEBSTER AND MAYOR KRAFT. NAYS: 1. COMMISSIONER BAUMGARTE.

MAYOR KRAFT PRESENTED RESOLUTION 09-09 AUTHORIZING A PAYMENT FROM THE DOWNTOWN TIF FUND IN THE AMOUNT $1,350.00 TO THE SOCIETY FOR HISTORIC PRESERVATION. THE PAYMENT WAS REQUESTED BY THE SOCIETY TO HELP FUND A RESTORATION PROJECT AT THE FRANKLIN COUNTY JAIL MUSEUM. COMMISSIONER WYANT MADE THE MOTION TO APPROVE. SECOND BY COMMISSIONER BAUMGARTE. VOTE WAS TAKEN: YEAS: 5. COMMISSIONERS BAUMGARTE, WYANT, MILLER, WEBSTER AND MAYOR KRAFT. NAYS: 0.

MAYOR KRAFT PRESENTED MINUTES FROM THE 4/23/09 PLANNING COMMISSION MEETING. COMMISSIONER WEBSTER MADE THE MOTION TO APPROVE AS PRESENTED. SECOND BY COMMISSIONER MILLER. VOTE WAS TAKEN: YEAS: 5. COMMISSIONERS BAUMGARTE, WYANT, MILLER, WEBSTER AND MAYOR KRAFT. NAYS: 0.

MAYOR KRAFT PRESENTED ORDINANCE 09-10 RECOMMENDED BY THE PLANNING COMMISSION AMENDING SPECIAL USE PERMIT PROCEDURES. COMMISSIONER MILLER MADE THE MOTION TO APPROVE. SECOND BY COMMISSIONER WYANT. VOTE WAS TAKEN: YEAS: 5. COMMISSIONERS BAUMGARTE, WYANT, MILLER, WEBSTER AND MAYOR KRAFT. NAYS: 0.

MAYOR KRAFT PRESENTED ORDINANCE 09-11 FOR RE-ZONING SPECIFIC PROPERTY AS RECOMMENDED BY THE PLANNING COMMISSION. COMMISSIONER WEBSTER MADE THE MOTION TO APPROVE AS PRESENTED. SECOND BY COMMISSIONER WYANT. VOTE WAS TAKEN: YEAS: 5. COMMISSIONERS BAUMGARTE, WYANT, MILLER, WEBSTER AND MAYOR KRAFT. NAYS: 0.

MAYOR KRAFT PRESENTED THE EDWARDS SUBDIVISION SECOND ADDITION PLAT. COMMISSIONER BAUMGARTE MADE THE MOTION TO APPROVE AS PRESENTED. SECOND BY COMMISSIONER WEBSTER. VOTE WAS TAKEN: YEAS: 5. COMMISSIONERS BAUMGARTE, WYANT, MILLER, WEBSTER AND MAYOR KRAFT. NAYS: 0.

MAYOR KRAFT PRESENTED ANNEXATION ORDINANCES FOR THE FOLLOWING PROPERTIES: 09-12: CITY OF BENTON PROPERTY – 10291 SUGAR CREEK ROAD; AND 09-13: MASTERS MEN DEPARTMENT OF THE NATIONAL ASSOC. OF FREE WILL BAPTISTS – 1400 E. TAYLOR STREET. MAYOR KRAFT THEN PRESENTED 20 YEAR AGREEMENT ORDINANCES FOR THE FOLLOWING PROPERTIES: 09-14: 1512 E. MAIN STREET – KENNETH AND LINDA BYSIEK; 09-15: 11276 VAN HORN ROAD – DAVID CLINE AND DARLEEN DAESCH-CLINE; 09-16: 12507 STERLING STREET – AARON KING; 09-17: 12185 STATE HIGHWAY 37 – SHANE COCKRUM; 09-18: 13839 ST. HIGHWAY 14 – CHARLES AND KRISTIE STILL; 09-19: 502 N. GOLDHEIMER – BYRON & BARBARA OLSON; 09-20: 1410 E. ESPY – MICHAEL LANEE; AND 09-21: 10939 PRESTWICK ROAD – JERRY & MARY ANN MCCANN. COMMISSIONER WEBSTER MADE THE MOTION TO APPROVE. SECOND BY COMMISSIONER WYANT. VOTE WAS TAKEN: YEAS: 5. COMMISSIONERS BAUMGARTE, WYANT, MILLER, WEBSTER AND MAYOR KRAFT. NAYS: 0.

UNDER OLD BUSINESS, COMMISSIONER WEBSTER REPORTED THAT PAPERWORK ON THE LEASE/PURCHASE AGREEMENT FOR THE TRAVEL MIXER HAS BEEN RECEIVED FROM BANK OF AMERICA. THIS HAS PREVIOUSLY BEEN APPROVED IN MOTION FORM BUT THE BANK REQUIRES THAT RESOLUTIONS BE PASSED BY THE COUNCIL. COMMISSIONER WEBSTER MADE THE MOTION TO APPROVE THE FOLLOWING: THAT ATTORNEY MALKOVICH BE AUTHORIZED TO SIGN THE COUNSEL OPINION LETTER; RESOLUTION TO LEASE 09-10; REIMBURSEMENT RESOLUTION 09-11; AND FOR THE FINANCE COMMISSIONER AND CITY CLERK TO BE AUTHORIZED TO EXECUTE THE LEASE AGREEMENT. SECOND BY COMMISSIONER WYANT. VOTE WAS TAKEN: YEAS: 5. COMMISSIONERS BAUMGARTE, WYANT, MILLER, WEBSTER AND MAYOR KRAFT. NAYS: 0.

MAYOR KRAFT REPORTED THAT HE HAS MET WITH REX DUNCAN OF CHAMPION COAL BELT COMMUNITIES. THE ORGANIZATION RECEIVES MONEY FROM USDA TO LOAN OUT TO COMMUNITIES AND IS TRYING TO SECURE A MILLION DOLLAR LOAN. FIFTY THOUSAND DOLLARS IN MATCH MONEY IS NEEDED AND THEY ARE APPROACHING CITIES TO HELP. THEY HAVE REQUESTED THAT BENTON PAY $16,667.00. MORE INFORMATION WILL BE PRESENTED AT THE NEXT REGULAR MEETING.

MAYOR KRAFT ASKED THAT THE COUNCIL BE CONSIDERING LOGAN SCHOOL PROPERTY AND WHETHER IT SHOULD BE USED FOR RESIDENTIAL OR BUSINESS. THIS WILL ALSO BE DISCUSSED AT THE NEXT MEETING.

OTTO FALBAUM AND BRIAN EDMISON WERE IN ATTENDANCE TO DISCUSS A POSSIBLE REDEVELOPMENT TIF AGREEMENT FOR LEWIS AND GOETZ AND SECURE LOCK STORAGE. THEY WILL FORWARD TO ATTORNEY MALKOVICH MORE DETAILED CALCULATIONS LATER IN THE WEEK.

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

TIME: 7:50

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

TIME: 8:17

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

NO ACTION WAS TAKEN AS A RESULT OF EXECUTIVE SESSION.

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

TIME: 8:22

Laura Auten, City Clerk