Minutes — September 14, 2015

MINUTES OF THE REGULAR BENTON CITY COUNCIL MEETING HELD MONDAY SEPTEMBER 14, 2015 AT 7:00 P.M. IN THE BENTON MUNICIPAL BUILDING LOCATED AT 500 WEST MAIN STREET, BENTON, ILLINOIS.

 

MAYOR KONDRITZ CALLED THE MEETING TO ORDER. THOSE PRESENT WERE COMMISSIONER MOORE, COMMISSIONER BAUMGARTE, COMMISSIONER WYANT, COMMISSIONER MILLER, AND MAYOR KONDRITZ.

 

COMMISSIONER MILLER MADE A MOTION TO WAIVE READING AND APPROVE THE MINUTES OF THE AUGUST 24, 2015 PUBLIC HEARING. SECOND BY COMMISSIONER WYANT.  VOTE WAS TAKEN.  YEAS:  5. COMMISSIONER MOORE, COMMISSIONER BAUMGARTE, COMMISSIONER WYANT, COMMISSIONER MILLER, AND MAYOR KONDRITZ.  NAYS:  0. 

 

COMMISSIONER MILLER MADE A MOTION TO WAIVE READING AND APPROVE THE MINUTES OF THE AUGUST 24, 2015 REGULARLY SCHEDULED COUNCIL MEETING. SECOND BY COMMISSIONER MOORE.  VOTE WAS TAKEN.  YEAS:  5. COMMISSIONER MOORE, COMMISSIONER BAUMGARTE, COMMISSIONER WYANT, COMMISSIONER MILLER, AND MAYOR KONDRITZ.  NAYS:  0. 

 

COMMISSIONER MILLER MADE A MOTION TO WAIVE READING AND APPROVE THE MINUTES OF THE AUGUST 27, 2015 SPECIAL CALLED MEETING. SECOND BY COMMISSIONER WYANT.  VOTE WAS TAKEN.  YEAS:  4. COMMISSIONER BAUMGARTE, COMMISSIONER WYANT, COMMISSIONER MILLER, AND MAYOR KONDRITZ.  NAYS:  0.   COMMISSIONER MOORE ABSTAINED.

 

MAYOR KONDRITZ STATED WE WOULD GO OUT OF ORDER OF THE AGENDA AND BEGIN WITH A PRESENTATION FROM RICK LINTON. MR. LINTON PRESENTED HIS IDEAS FOR TOURISM IN THE CITY OF BENTON AS WELL AS SHOWING A SHORT VIDEO.  MR. LINTON STATED THAT HE HAD BEGUN WORK ON A PAMPHLET FEATURING BENTON TO BE PASSED OUT ACROSS THE STATE OF ILLINOIS.  AT THE END OF HIS PRESENTATION, MR. LINTON PROVIDED THE COUNCIL WITH A LISTING OF THE COSTS THIS PROJECT WOULD INCUR.  THE COUNCIL THANKED MR. LINTON FOR COMING. 

 

COMMISSIONER BAUMGARTE MADE A MOTION TO AMEND SECTION 1-2-3 MEETINGS OF THE REVISED CODE OF ORDINANCES 98-03 FOR THE CITY OF BENTON CHANGING COUNCIL MEETING TIME FROM 7 P.M. TO 6 P.M. SECOND BY COMMISSIONER MILLER.  VOTE WAS TAKEN.  YEAS:  5. COMMISSIONER MOORE, COMMISSIONER BAUMGARTE, COMMISSIONER WYANT, COMMISSIONER MILLER, AND MAYOR KONDRITZ.  NAYS:  0. 

 

COMMISSIONER BAUMGARTE MADE A MOTION TO RAISE RENTAL RATES AT TWIN OAKS TO $100.00 PER DAY EFFECTIVE JANUARY 1, 2016. SECOND BY COMMISSIONER WYANT.  VOTE WAS TAKEN.  YEAS:  5. COMMISSIONER MOORE, COMMISSIONER BAUMGARTE, COMMISSIONER WYANT, COMMISSIONER MILLER, AND MAYOR KONDRITZ.  NAYS:  0. 

 

COMMISSIONER BAUMGARTE MADE A MOTION TO HIRE MARK FRANKLIN AS AN ON-CALL TWIN OAKS CUSTODIAN WHO WOULD CLEAN ONLY WHEN NEEDED AT $50.00 PER TIME. COMMISSIONER BAUMGARTE STATED THAT THE MONIES TO PAY THIS CUSTODIAN WOULD BE TAKEN FROM THE CUSTOMER’S DEPOSIT.  SECOND BY COMMISSIONER WYANT.  VOTE WAS TAKEN.  YEAS:  5. COMMISSIONER MOORE, COMMISSIONER BAUMGARTE, COMMISSIONER WYANT, COMMISSIONER MILLER, AND MAYOR KONDRITZ.  NAYS:  0. 

 

COMMISSIONER BAUMGARTE MADE A MOTION TO APPROVE ORDINANCE #15-19 INCREASING SEWER RATES. SECOND BY COMMISSIONER MOORE.  VOTE WAS TAKEN.  YEAS:  5. COMMISSIONER MOORE, COMMISSIONER BAUMGARTE, COMMISSIONER WYANT, COMMISSIONER MILLER, AND MAYOR KONDRITZ.  NAYS:  0. 

 

COMMISSIONER WYANT STATED ITEM (B) WAS FOR DISCUSSION IN EXECUTIVE SESSION.

 

COMMISSIONER WYANT MADE A MOTION TO SET A PUBLIC HEARING FOR A PROPOSED ALLEY CLOSING GOING NORTH/SOUTH ADJACENT TO THE NAZARENE CHURCH ON OCTOBER 12, 2015 AT 5:45 P.M. SECOND BY COMMISSIONER BAUMGARTE.  VOTE WAS TAKEN.  YEAS:  5. COMMISSIONER MOORE, COMMISSIONER BAUMGARTE, COMMISSIONER WYANT, COMMISSIONER MILLER, AND MAYOR KONDRITZ.  NAYS:  0. 

 

COMMISSIONER WYANT MADE A MOTION TO APPROVE ORDINANCE #15-20 SETTING A SPEED LIMIT OF 20 MPH ON EAST WEBSTER FROM SOUTH MAIN TO THE CORPORATE CITY LIMITS. SECOND BY COMMISSIONER BAUMGARTE.  VOTE WAS TAKEN.  YEAS:  5. COMMISSIONER MOORE, COMMISSIONER BAUMGARTE, COMMISSIONER WYANT, COMMISSIONER MILLER, AND MAYOR KONDRITZ.  NAYS:  0. 

 

COMMISSIONER MOORE PRESENTED PURCHASE ORDER #000915 TO MID-AMERICA FIRE AND SAFETY LLC FOR 2 TURN OUT COATS AND 2 PAIRS OF TURN OUT PANTS IN THE AMOUNT OF $3,218.40. SECOND BY COMMISSIONER MILLER.  VOTE WAS TAKEN.  YEAS:  5. COMMISSIONER MOORE, COMMISSIONER BAUMGARTE, COMMISSIONER WYANT, COMMISSIONER MILLER, AND MAYOR KONDRITZ.  NAYS:  0. 

 

COMMISSIONER MOORE STATED THAT ITEM (B) WOULD BE DISCUSSED IN EXECUTIVE SESSION.

 

COMMISSIONER MILLER MADE A MOTION TO PAY BILLS FOR THE GENERAL FUND IN THE AMOUNT OF $91,613.46, FOR THE WATER AND SEWER DEPARTMENT IN THE AMOUNT OF $72,534.09, AND FOR OTHER FUNDS IN THE AMOUNT OF $70,402.83 FOR A TOTAL AMOUNT OF $234,550.38. SECOND BY COMMISSIONER MOORE.  VOTE WAS TAKEN.  YEAS:  5. COMMISSIONER MOORE, COMMISSIONER BAUMGARTE, COMMISSIONER WYANT, COMMISSIONER MILLER, AND MAYOR KONDRITZ.  NAYS:  0. 

 

COMMISSIONER MILLER PRESENTED PAYROLL FOR 08/28/2015 FOR GENERAL FUND IN THE AMOUNT OF $58,443.00, WATER & SEWER FUND IN THE AMOUNT OF $28,944.71, AND AIRPORT CARETAKER IN THE AMOUNT OF $850.00 FOR A TOTAL OF $88,237.82. COMMISSIONER MILLER MADE A MOTION TO APPROVE THIS PAYROLL.  SECOND BY COMMISSIONER WYANT.  VOTE WAS TAKEN.  YEAS:  5. COMMISSIONER MOORE, COMMISSIONER BAUMGARTE, COMMISSIONER WYANT, COMMISSIONER MOORE, AND MAYOR KONDRITZ.  NAYS:  0. 

 

COMMISSIONER MILLER PRESENTED PAYROLL FOR 09/11/2015 FOR GENERAL FUND IN THE AMOUNT OF $58,150.32 AND WATER & SEWER FUND IN THE AMOUNT OF $27,793.66 FOR A TOTAL OF $85,943.98. COMMISSIONER MILLER MADE A MOTION TO APPROVE THIS PAYROLL.  SECOND BY COMMISSIONER MOORE.  VOTE WAS TAKEN.  YEAS:  5. COMMISSIONER MOORE, COMMISSIONER BAUMGARTE, COMMISSIONER WYANT, COMMISSIONER MOORE, AND MAYOR KONDRITZ.  NAYS:  0. 

 

COMMISSIONER MILLER PRESENTED SEWER ADJUSTMENTS FOR POOLS FOR BEN COX OF 115 MCFALL AND LISA CUOCCI OF 519 E SMITH. COMMISSIONER MILLER MADE A MOTION TO APPROVE THESE APPLICATIONS AS THEY MEET THE REQUIREMENTS OF THE ORDINANCE.  SECOND BY COMMISSIONER BAUMGARTE.  VOTE WAS TAKEN.  YEAS:  5. COMMISSIONER MOORE, COMMISSIONER BAUMGARTE, COMMISSIONER WYANT, COMMISSIONER MOORE, AND MAYOR KONDRITZ.  NAYS:  0. 

 

COMMISSIONER MILLER PRESENTED A SEWER ADJUSTMENTS FOR LORIE BRUCE OF 607 MADISON STREET, APT. 2; GAY WILLIAMS MORTON OF 1203 S. MCLEANSBORO; AND LARRY PETTIT OF 400 STONE BROOK DRIVE. COMMISSIONER MILLER MADE A MOTION TO APPROVE THESE APPLICATIONS AS THEY MEET THE REQUIREMENTS OF THE ORDINANCE.  SECOND BY COMMISSIONER BAUMGARTE.  VOTE WAS TAKEN.  YEAS:  5. COMMISSIONER MOORE, COMMISSIONER BAUMGARTE, COMMISSIONER WYANT, COMMISSIONER MOORE, AND MAYOR KONDRITZ.  NAYS:  0. 

 

COMMISSIONER MILLER STATED THAT ITEM (D) WOULD BE DISCUSSED IN EXECUTIVE SESSION.

 

COMMISSIONER MILLER MADE A MOTION TO COMPLETE THE SUGAR CREEK LIGHTING PROJECT WITH THE ADDITION OF FIVE (5) STREET LIGHTS BEING PLACED. SECOND BY COMMISSIONER BAUMGARTE.  VOTE WAS TAKEN.  YEAS:  5. COMMISSIONER MOORE, COMMISSIONER BAUMGARTE, COMMISSIONER WYANT, COMMISSIONER MOORE, AND MAYOR KONDRITZ.  NAYS:  0. 

 

COMMISSIONER MILLER MADE A MOTION TO APPROVE A RESOLUTION FOR NEWLY ELECTED OFFICIALS PARTICIPATING IN MUNICIPAL RETIREMENT FUND. SECOND BY COMMISSIONER MOORE.  VOTE WAS TAKEN.  YEAS:  5. COMMISSIONER MOORE, COMMISSIONER BAUMGARTE, COMMISSIONER WYANT, COMMISSIONER MOORE, AND MAYOR KONDRITZ.  NAYS:  0. 

 

ATTORNEY MALKOVICH STATED HE NEEDED A MOTION GIVING THE MAYOR AUTHORITY TO SIGN THE CWM HIGHWAY AUTHORITY AGREEMENT FOR THE EPA CLOSEOUT AT 315 SOUTH MAIN. COMMISSIONER WYANT MADE THIS MOTION GIVING MAYOR KONDRITZ AUTHORITY TO SIGN THE CWM HIGHWAY AUTHORITY AGREEMENT.  SECOND BY COMMISSIONER MILLER.  VOTE WAS TAKEN.  YEAS:  5. COMMISSIONER MOORE, COMMISSIONER BAUMGARTE, COMMISSIONER WYANT, COMMISSIONER MOORE, AND MAYOR KONDRITZ.  NAYS:  0. 

 

MAYOR KONDRITZ STATED HE HAD BEEN APPROACHED ABOUT THE PLACEMENT OF HANDICAPPED PARKING PLACES ON THE WEST SIDE OF THE SQUARE IN FRONT OF ALPHA HOME HEALTH. MAYOR KONDRITZ ASKED IF IT WOULD BE POSSIBLE TO MOVE THE HANDICAPPED PARKING SPOTS FROM THE NORTH SIDE OF THAT SECTION TO THE SOUTH SIDE.  THE COUNCIL DISCUSSED THIS OPTION.  COMMISSIONER MILLER MADE A MOTION TO MOVE THE HANDICAPPED PARKING SPOTS ON THE SOUTHWEST SECTION OF THE SQUARE FROM THE NORTH END TO THE SOUTH END.  SECOND BY COMMISSIONER WYANT.  VOTE WAS TAKEN.  YEAS:  5. COMMISSIONER MOORE, COMMISSIONER BAUMGARTE, COMMISSIONER WYANT, COMMISSIONER MOORE, AND MAYOR KONDRITZ.  NAYS:  0. 

 

MAYOR KONDRITZ STATED ITEM (C) WOULD BE FOR EXECUTIVE SESSION.

 

MAYOR KONDRITZ STATED THAT HE WOULD LIKE TO HAVE THE CAR MUSEUM BUILDING ON NORTH MAIN PAINTED. COMMISSIONER MILLER MADE A MOTION TO OBTAIN BIDS FOR PAINTING THE CAR MUSEUM ON NORTH MAIN.  SECOND BY COMMISSIONER MOORE.  VOTE WAS TAKEN.  YEAS:  5. COMMISSIONER MOORE, COMMISSIONER BAUMGARTE, COMMISSIONER WYANT, COMMISSIONER MOORE, AND MAYOR KONDRITZ.  NAYS:  0. 

 

MAYOR KONDRITZ STATED THAT WE NEEDED TO SET TRICK-OR-TREATING HOURS FOR HALLOWEEN IN THE CITY OF BENTON. COMMISSIONER MILLER MADE A MOTION TO SET TRICK-OR-TREAT HOURS FOR SATURDAY OCTOBER 31, 2015 FROM 5 P.M. TO 8 P.M.  SECOND BY COMMISSIONER WYANT.  VOTE WAS TAKEN.  YEAS:  5. COMMISSIONER MOORE, COMMISSIONER BAUMGARTE, COMMISSIONER WYANT, COMMISSIONER MOORE, AND MAYOR KONDRITZ.  NAYS:  0. 

 

MAYOR KONDRITZ STATED THAT HE WOULD LIKE AN APPRAISAL TO BE OBTAINED ON THE CURRENT CITY HALL BUILDING AND REAL ESTATE. MAYOR KONDRITZ STATED HE WOULD LIKE COMMISSIONER MILLER TO OBTAIN THIS APPRAISAL.   COMMISSIONER MILLER MADE A MOTION ALLOWING HIMSELF TO SEEK AN APPRAISAL ON THE CURRENT CITY HALL BUILDING AND REAL ESTATE.  SECOND BY COMMISSIONER BAUMGARTE.  VOTE WAS TAKEN.  YEAS:  5. COMMISSIONER MOORE, COMMISSIONER BAUMGARTE, COMMISSIONER WYANT, COMMISSIONER MOORE, AND MAYOR KONDRITZ.  NAYS:  0. 

 

UNDER OLD BUSINESS, COMMISSIONER MOORE STATED THAT HE WOULD LIKE TO DISCUSS DISPATCH SERVICE IN EXECUTIVE SESSION.

 

UNDER NEW BUSINESS, MAYOR KONDRITZ STATED THAT HE WOULD LIKE TO REQUEST ALL MINUTES FROM THE AIRPORT BOARD AS WELL AS THEIR MONTHLY FLY IN AND FLY OUT LIST. COMMISSIONER MILLER MADE A MOTION TO FILE A WRITTEN REQUEST FOR MINUTES FROM THE AIRPORT BOARD AS WELL AS THE MONTHLY FLY IN AND FLY OUT LIST FROM 2012 TO PRESENT.  SECOND BY COMMISSIONER WYANT.  VOTE WAS TAKEN.  YEAS:  5. COMMISSIONER MOORE, COMMISSIONER BAUMGARTE, COMMISSIONER WYANT, COMMISSIONER MOORE, AND MAYOR KONDRITZ.  NAYS:  0. 

 

IN MATTERS FROM THE PUBLIC AUDIENCE, NELSON ENRIETTO MADE A STATEMENT SAYING THE LOSS OF ALL THE OAK TREES IN OUR TOWN WAS CHANGING ITS LOOKS AND CHARACTER. COMMISSIONER BAUMGARTE STATED HE AGREED AND THE CITY WAS DOING WHAT THEY COULD WITH THIS MATTER.

 

ALSO UNDER MATTERS FROM THE PUBLIC AUDIENCE, JACK SCHANZ ASKED WHAT THE STATUS OF THE LOG CABIN WAS. THE COUNCIL STATED THEY ARE IN THE PROCESS OF DECIDING WHAT WILL BE DONE WITH THE LOG CABIN. 

 

COMMISSIONER MILLER MADE A MOTION TO GO INTO EXECUTIVE SESSION FOR ITEMS (A) DISCUSSION OF POSSIBLE ACQUISITION AND/OR SALE OF REAL ESTATE; (B) DISCUSSION OF POSSIBLE AND/OR PENDING LITIGATIONS; (C) 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 MOORE.  VOTE WAS TAKEN.  YEAS:  5. COMMISSIONER MOORE, COMMISSIONER BAUMGARTE, COMMISSIONER WYANT, COMMISSIONER MOORE, AND MAYOR KONDRITZ.  NAYS:  0. 

 

8:10 P.M.

 

COMMISSIONER MILLER MADE A MOTION TO RETURN TO REGULAR SESSION. SECOND BY COMMISSIONER MOORE.  VOTE WAS TAKEN.  YEAS:  5. COMMISSIONER MOORE, COMMISSIONER BAUMGARTE, COMMISSIONER WYANT, COMMISSIONER MOORE, AND MAYOR KONDRITZ.  NAYS:  0. 

 

9:35 P.M.

 

COMMISSIONER MILLER MADE A MOTION TO ALLOW MR. RICK LINTON TO PROCEED WITH THE CITY OF BENTON PROMOTIONAL PLAN UP TO $10,000.00. SECOND BY COMMISSIONER MOORE.  VOTE WAS TAKEN.  YEAS:  5. COMMISSIONER MOORE, COMMISSIONER BAUMGARTE, COMMISSIONER WYANT, COMMISSIONER MOORE, AND MAYOR KONDRITZ.  NAYS:  0.  

 

COMMISSIONER MOORE MADE A MOTION TO DENY AMENDING CHAPTER 3 ANIMALS, SECTION 3-1-10 OF THE REVISED CODE OF ORDINANCES 98-03 OF THE CITY OF BENTON, ILLINOIS. SECOND BY COMMISSIONER WYANT.  VOTE WAS TAKEN.  YEAS:  5. COMMISSIONER MOORE, COMMISSIONER BAUMGARTE, COMMISSIONER WYANT, COMMISSIONER MOORE, AND MAYOR KONDRITZ.  NAYS:  0. 

 

COMMISSIONER WYANT MADE A MOTION TO TABLE PUBLIC AFFAIRS ITEM (C) DISCUSSION AND/OR APPROVAL OF POUR LICENSE FOR GAS STATIONS AND OTHER QUALIFYING BUSINESSES. SECOND BY COMMISSIONER MILLER.  VOTE WAS TAKEN.  YEAS:  5. COMMISSIONER MOORE, COMMISSIONER BAUMGARTE, COMMISSIONER WYANT, COMMISSIONER MOORE, AND MAYOR KONDRITZ.  NAYS:  0. 

 

COMMISSIONER WYANT MADE A MOTION TO REMOVE ALL 2-HOUR PARKING SIGNS FROM THE PUBLIC SQUARE. SECOND BY COMMISSIONER BAUMGARTE.  VOTE WAS TAKEN.  YEAS:  5. COMMISSIONER MOORE, COMMISSIONER BAUMGARTE, COMMISSIONER WYANT, COMMISSIONER MOORE, AND MAYOR KONDRITZ.  NAYS:  0. 

 

COMMISSIONER WYANT MADE A MOTION TO ALLOW NO PARKING IN THE DRIVES ON EACH CORNER OF THE PUBLIC SQUARE. SECOND BY COMMISSIONER BAUMGARTE.  VOTE WAS TAKEN.  YEAS:  5. COMMISSIONER MOORE, COMMISSIONER BAUMGARTE, COMMISSIONER WYANT, COMMISSIONER MOORE, AND MAYOR KONDRITZ.  NAYS:  0. 

 

COMMISSIONER WYANT MADE A MOTION TO ALLOW 15 MINUTE LOADING ZONES IN ALL FOUR CORNERS OF THE SQUARE WITH TOWING AT OWNER’S EXPENSE AFTER THE 15 MINUTES. SECOND BY COMMISSIONER MILLER.  VOTE WAS TAKEN.  YEAS:  5. COMMISSIONER MOORE, COMMISSIONER BAUMGARTE, COMMISSIONER WYANT, COMMISSIONER MOORE, AND MAYOR KONDRITZ.  NAYS:  0. 

 

COMMISSIONER WYANT MADE A MOTION TO ALLOWING PARKING IN MUNICIPAL PARKING LOTS 24 HOURS A DAY, 7 DAYS A WEEK. SECOND BY COMMISSIONER BAUMGARTE.  VOTE WAS TAKEN.  YEAS:  5. COMMISSIONER MOORE, COMMISSIONER BAUMGARTE, COMMISSIONER WYANT, COMMISSIONER MOORE, AND MAYOR KONDRITZ.  NAYS:  0. 

 

 

 

COMMISSIONER WYANT MADE A MOTION TO ADJOURN. SECOND BY COMMISSIONER MOORE.  VOTE WAS TAKEN.  YEAS:  5. COMMISSIONER MOORE, COMMISSIONER BAUMGARTE, COMMISSIONER WYANT, COMMISSIONER MOORE, AND MAYOR KONDRITZ.  NAYS:  0. 

 

 

 

TIME: 9:45 P.M.