City Council Meeting Minutes — April 12, 2021

MINUTES OF THE REGULARLY SCHEDULED BENTON CITY COUNCIL MEETING HELD MONDAY APRIL 12, 2021 AT 6:00 P.M.   PURSUANT TO THE GOVERNOR’S EXECUTIVE ORDER IN RESPONSE TO COVID-19 ISSUED MARCH 16, 2020, THIS MEETING WAS HELD BY TELEPHONE CONFERENCE, COMPUTER ATTENDANCE, AND IN PERSON.

 

MAYOR KONDRITZ CALLED THE MEETING TO ORDER.  COMMISSIONER GARAVALIA, COMMISSIONER STOREY, COMMISSIONER MESSERSMITH, AND MAYOR KONDRITZ WERE PRESENT FOR ROLL CALL.  COMMISSIONER PERKINS WAS ABSENT AT THE TIME OF ROLL CALL, BUT SOON AFTER JOINED VIA ZOOM.  

 

COMMISSIONER GARAVALIA MADE A MOTION TO APPROVE THE MINUTES OF THE REGULARLY SCHEDULED CITY COUNCIL MEETING OF FEBRUARY 12, 2021.  SECOND BY COMMISSIONER STOREY.  VOTE WAS TAKEN.   YEAS:  4. COMMISSIONER MESSERSMITH, COMMISSIONER STOREY, COMMISSIONER GARAVALIA, AND MAYOR KONDRITZ.  NAYS:  0. 

 

MAYOR KONDRITZ SAID THE GARDEN GATE CLUB WAS PRESENT AND ASKED THEM TO SPEAK TO THE COUNCIL.  PAULA TAIT, CARLA CRISP, NANCY HOBBS, AND DAWN KOVARIK SPOKE ON BEHALF OF THE CLUB.  A POWER POINT PRESENTATION WAS DONE SHOWCASING A LOT OF THE PROJECTS THE CLUB HAS DONE FOR OUR COMMUNITY.  THE CLUB STATED THAT BECAUSE OF COVID, THE FUNDRAISERS USED IN THE PAST TO FUND THE PROJECTS CANNOT BE DONE.  BECAUSE OF THIS, THE CLUB IS ASKING FOR PEOPLE WHO HAVE ENJOYED THE FLOWERS AND PLANTS PLANTED BY THE CLUB, TO DONATE TO THEM SO THEY CAN CONTINUE TO PLANT FLOWERS AND PLANTS IN OUR AREA.  MAYOR KONDRITZ STATED THAT CITY CLERK BROOK CRAIG WOULD SHARE THIS INFORMATION ON THE CITY’S FACEBOOK PAGE AS WELL. 

 

MAYOR KONDRITZ ASKED ZONING ADMINISTRATOR AND CODE ENFORCEMENT OFFICER DAVID GARAVALIA TO COME BEFORE THE COUNCIL TO PRESENT ITEM (L) UNDER PUBLIC AFFAIRS:  DISCUSSION AND/OR APPROVAL TO EMPLOYEE A RESIDENTIAL APPRAISER TO ESTABLISH CITY OWNED SURPLUS REAL ESTATE VALUES.  MR. GARAVALIA STATED THAT THERE WOULD BE SIX (6) APPRAISALS IN THE AMOUNT OF $300.00 FOR A TOTAL OF $1,800.00.  COMMISSIONER GARAVALIA MADE A MOTION TO EMPLOY A RESIDENTIAL APPRAISER TO ESTABLISH CITY OWNED SURPLUS REAL ESTATE VALUES.  SECOND BY COMMISSIONER STOREY.  VOTE WAS TAKEN.  YEAS:  4.  COMMISSIONER MESSERSMITH, COMMISSIONER STOREY, COMMISSIONER GARAVALIA, AND MAYOR KONDRITZ.  NAYS:  0. 

 

MAYOR KONDRITZ ASKED MR. GARAVALIA TO PRESENT ITEM (M) DISCUSSION AND/OR APPROVAL TO EMPLOY A COMMERCIAL APPRAISER TO ESTABLISH VALUE OF COMMERCIAL REAL ESTATE.  MR. GARAVALIA STATED THAT THE COST OF APPRAISING THIS ONE PROPERTY WOULD BE $1,000.00.  COMMISSIONER MESSERSMITH STATED THAT HE NEEDED MORE INFORMATION REGARDING THIS ITEM BEFORE HE FELT COMFORTABLE VOTING ON THIS.  COMMISSIONER STOREY STATED THAT HE ALSO FELT THAT HE NEEDED MORE INFORMATION.  COMMISSIONER MESSERSMITH MADE A MOTION TO TABLE THIS ITEM UNTIL A FURTHER MEETING.  SECOND BY COMMISSIONER STOREY.    VOTE WAS TAKEN.  YEAS:  4.  COMMISSIONER MESSERSMITH, COMMISSIONER STOREY, COMMISSIONER GARAVALIA, AND MAYOR KONDRITZ.  NAYS:  0. 

 

MAYOR KONDRITZ STATED THAT UNDER UPDATES, HE WANTED TO ANNOUNCE THAT AFTER A LOT OF WORK, IT APPEARS THAT THE GAS STATION ON THE CORNER OF DUQUOIN STREET AND WEST MAIN MAY HAVE SOLD. 

 

MAYOR KONDRITZ ASKED VICTOR SHOCKLEY TO PRESENT ITEM (I) DISCUSSION AND/OR APPROVAL ON REPLAT OF LOTS 1-4 AND 1A OF LAKE BENTON PUBLIC PARK AND RECREATION CENTER.  MR. SHOCKLEY PRESENTED A DRAWING SHOWING HOW THE PLAT WOULD BE REMARKED.  MR. SHOCKLEY STATED THIS PROPERTY IS BEING REPLAT FOR THE KATHALYNAS FAMILY AND THIS HAS BEEN APPROVED BY THE ZONING BOARD.  COMMISSIONER MESSERSMITH MADE A MOTION TO APPROVE THIS REPLAT.  SECOND BY COMMISSIONER GARAVALIA.  VOTE WAS TAKEN.  YEAS:  4.  COMMISSIONER MESSERSMITH, COMMISSIONER STOREY, COMMISSIONER GARAVALIA, AND MAYOR KONDRITZ.  NAYS:  0. 

 

MAYOR KONDRITZ STATED THAT HE HAS SIGNED A PROCLAMATION THAT PROCLAIMS APRIL AS CHILD ABUSE PREVENTION MONTH. 

 

MAYOR KONDRITZ STATED THAT HE HAD RECEIVED A LETTER OF RESIGNATION FROM ADENA CLARK STATING SHE WOULD LIKE TO RESIGN FROM THE ZONING AND PLANNING COMMISSIONER.  COMMISSIONER MESSERSMITH MADE A MOTION TO ACCEPT THIS RESIGNATION FROM ADENA CLARK.  SECOND BY COMMISSIONER GARAVALIA.  VOTE WAS TAKEN.  YEAS:  4.  COMMISSIONER MESSERSMITH, COMMISSIONER STOREY, COMMISSIONER GARAVALIA, AND MAYOR KONDRITZ.  NAYS:  0. 

 

MAYOR KONDRITZ STATED THAT HE HAD RECEIVED A LETTER OF RESIGNATION FROM MICHAEL MCGUIRE STATING HE WOULD LIKE TO RESIGN FROM THE ZONING AND PLANNING COMMISSIONER.  COMMISSIONER GARAVALIA MADE A MOTION TO ACCEPT THIS RESIGNATION FROM MICHAEL MCGUIRE.  SECOND BY COMMISSIONER STOREY.  VOTE WAS TAKEN.  YEAS:  4.  COMMISSIONER MESSERSMITH, COMMISSIONER STOREY, COMMISSIONER GARAVALIA, AND MAYOR KONDRITZ.  NAYS:  0. 

 

MAYOR KONDRITZ STATED THAT HE WOULD LIKE TO APPOINT THERESA BATES TO THE ZONING AND PLANNING COMMISSION TO FILL ONE OF THE VACANT POSITIONS.  COMMISSIONER GARAVALIA MADE A MOTION TO ACCEPT THE APPOINTMENT OF THERESA BATES TO THE ZONING AND PLANNING COMMISSION FOR ONE OF THE VACANT POSITIONS.  SECOND BY COMMISSIONER MESSERSMITH.  VOTE WAS TAKEN.  YEAS:  4.  COMMISSIONER MESSERSMITH, COMMISSIONER STOREY, COMMISSIONER GARAVALIA, AND MAYOR KONDRITZ.  NAYS:  0. 

 

MAYOR KONDRITZ STATED THAT HE WOULD LIKE TO APPOINT PAULA ARPASI TO THE ZONING AND PLANNING COMMISSION TO FILL ONE OF THE VACANT POSITIONS ON THE ZONING AND PLANNING COMMISSION.  COMMISSIONER MESSERSMITH MADE THIS MOTION.  SECOND BY COMMISSIONER GARAVALIA.  VOTE WAS TAKEN.  YEAS:  4.  COMMISSIONER MESSERSMITH, COMMISSIONER STOREY, COMMISSIONER GARAVALIA, AND MAYOR KONDRITZ.  NAYS:  0. 

 

COMMISSIONER PERKINS ARRIVED TO THE COUNCIL MEETING AT 6:35 P.M. 

 

COMMISSIONER PERKINS MADE A MOTION TO APPROVE A LAKE LOT TRANSFER OF LOT #155 FROM BETTY JONES TO RANDY AND CECELIA KIRKPATRICK.  SECOND BY COMMISSIONER MESSERSMITH.  VOTE WAS TAKEN.  YEAS:  5.  COMMISSIONER MESSERSMITH, COMMISSIONER PERKINS, COMMISSIONER STOREY, COMMISSIONER GARAVALIA, AND MAYOR KONDRITZ.  NAYS:  0. 

 

COMMISSIONER PERKINS MADE A MOTION TO APPROVE A LAKE LOT TRANSFER OF LOT #14 FROM JOHN AND BETTY MOORE TO KENT MICHAEL PARNELL AND MELISSA ELAINE FURNISH.  SECOND BY COMMISSIONER MESSERSMITH.  VOTE WAS TAKEN.  YEAS:  5.  COMMISSIONER MESSERSMITH, COMMISSIONER PERKINS, COMMISSIONER STOREY, COMMISSIONER GARAVALIA, AND MAYOR KONDRITZ.  NAYS:  0. 

 

COMMISSIONER PERKINS MADE A MOTION TO ALLOW MAYOR KONDRITZ TO SIGN AN AGREEMENT FOR THE CONSTRUCTION PHASE ENGINEERING FOR H96-4774: REMARK RUNWAY.  SECOND BY COMMISSIONER MESSERSMITH.  VOTE WAS TAKEN.  YEAS:  5.  COMMISSIONER MESSERSMITH, COMMISSIONER PERKINS, COMMISSIONER STOREY, COMMISSIONER GARAVALIA, AND MAYOR KONDRITZ.  NAYS:  0. 

 

COMMISSIONER PERKINS MADE A MOTION TO ALLOW MAYOR KONDRITZ TO SIGN AN AGREEMENT FOR DESIGN AND SPECIAL SERVICES PHASE ENGINEERING FOR H96-4786:  REHABILITATION OF THE MAIN RAMP AREA R-1.  SECOND BY COMMISSIONER STOREY.  VOTE WAS TAKEN.  YEAS:  5.  COMMISSIONER MESSERSMITH, COMMISSIONER PERKINS, COMMISSIONER STOREY, COMMISSIONER GARAVALIA, AND MAYOR KONDRITZ.  NAYS:  0.

 

COMMISSIONER MESSERSMITH ASKED DAVID HARP OF CHASTAIN AND ASSOCIATES TO GIVE AN UPDATE ON THE I-57 INTERCHANGE PROJECT.  MR. HARP   STATED THAT WE WERE STILL MOVING FORWARD WITH THE PROJECT.  HE STATED THAT THE COMMUNITY ADVISORY BOARD IS BEING FORMED. 

 

COMMISSIONER MESSERSMITH MADE A MOTION TO ALLOW CLOSURE OF INDUSTRIAL PARK ROAD ON THURSDAY, APRIL 15, 2021 FOR A HOMECOMING PARADE FROM 1:30 P.M. TO 3:30 P.M.  SECOND BY COMMISSIONER PERKINS.  VOTE WAS TAKEN.  YEAS:  5.  COMMISSIONER MESSERSMITH, COMMISSIONER PERKINS, COMMISSIONER STOREY, COMMISSIONER GARAVALIA, AND MAYOR KONDRITZ.  NAYS:  0. 

 

COMMISSIONER MESSERSMITH MADE A MOTION TO APPROVE RESOLUTION #20-21 FOR ROAD CLOSURES FOR A PARADE ON MAY 15, 2021 FOR THE BCHS GRADUATION PARADE FROM 8:45 A.M. TO 10:00 A.M.  SECOND BY COMMISSIONER STOREY.  VOTE WAS TAKEN.  YEAS:  5.  COMMISSIONER MESSERSMITH, COMMISSIONER PERKINS, COMMISSIONER STOREY, COMMISSIONER GARAVALIA, AND MAYOR KONDRITZ.  NAYS:  0. 

 

COMMISSIONER MESSERSMITH MADE A MOTION TO RETURN RETAINAGE TO B.C. CONTRACTING AS THE SIDEWALK PROJECT HAS BEEN COMPLETED.  THE AMOUNT OF THE RETAINER BEING RETURNED IS $3,794.31.  SECOND BY COMMISSIONER STOREY.  VOTE WAS TAKEN.  YEAS:  5.  COMMISSIONER MESSERSMITH, COMMISSIONER PERKINS, COMMISSIONER STOREY, COMMISSIONER GARAVALIA, AND MAYOR KONDRITZ.  NAYS:  0. 

 

 COMMISSIONER STOREY MADE A MOTION TO APPROVE PURCHASE ORDER #00351 TO S&S MUFFLER FOR REPAIR OF ENGINE #807 IN THE AMOUNT OF $768.72.  COMMISSIONER STOREY STATED THAT THE FRONT END WAS SHAKING.  AN INSPECTION HAD BEEN DONE AND DETERMINED THAT THE BALL JOINTS WERE COMPLETELY WORN OUT.  THIS WAS AN EMERGENCY DECISION TO REPLACE THEM.  LABOR WAS $495.00, PARTS WERE $244.22, SUPPLIES WERE $6.30, AND TAX WAS $23.20 FOR A TOTAL OF $768.72.  COMMISSIONER MESSERSMITH ASKED WHY WE WERE PAYING TAX AS THE CITY IS TAX EXEMPT.  CITY CLERK BROOK CRAIG STATED THAT TAX WAS NOT PAID ON THIS BILL AND THAT A TAX-EXEMPT CERTIFICATE HAS BEEN SENT TO S&S MUFFLER WITH PAYMENT.  COMMISSIONER MESSERSMITH THEN SECONDED THIS MOTION.  VOTE WAS TAKEN.  YEAS:  5.  COMMISSIONER MESSERSMITH, COMMISSIONER PERKINS, COMMISSIONER STOREY, COMMISSIONER GARAVALIA, AND MAYOR KONDRITZ.  NAYS:  0. 

 

COMMISSIONER STOREY MADE A MOTION TO APPROVE HIRING DAVID TYLER ORE AS A FULL-TIME PROBATIONARY POLICE OFFICER WITH A START DATE OF APRIL 26, 2021.  SECOND BY COMMISSIONER PERKINS.  VOTE WAS TAKEN.  YEAS:  5.  COMMISSIONER MESSERSMITH, COMMISSIONER PERKINS, COMMISSIONER STOREY, COMMISSIONER GARAVALIA, AND MAYOR KONDRITZ.  NAYS:  0. 

 

COMMISSIONER STOREY MADE A MOTION TO APPROVE ORDINANCE #20-02 AMENDING THE AUXILIARY POLICE ORDINANCE.  SECOND BY COMMISSIONER GARAVALIA.  VOTE WAS TAKEN.  YEAS:  5.  COMMISSIONER MESSERSMITH, COMMISSIONER PERKINS, COMMISSIONER STOREY, COMMISSIONER GARAVALIA, AND MAYOR KONDRITZ.  NAYS:  0.    

 

COMMISSIONER GARAVALIA MADE A MOTION TO APPROVE BILLS IN THE AMOUNT OF $389,987.89.  SECOND BY COMMISSIONER PERKINS.  VOTE WAS TAKEN.  YEAS:  5.  COMMISSIONER MESSERSMITH, COMMISSIONER PERKINS, COMMISSIONER STOREY, COMMISSIONER GARAVALIA, AND MAYOR KONDRITZ.  NAYS:  0. 

 

COMMISSIONER GARAVALIA MADE A MOTION TO APPROVE PAYROLL FOR APRIL 1, 2021 FOR THE POLICE AND FIRE DEPARTMENTS IN THE AMOUNT OF $43,607.98 AND FOR ALL OTHER DEPARTMENTS IN THE AMOUNT OF $44,322.83 FOR A TOTAL PAYROLL OF $87,930.81.  SECOND BY COMMISSIONER STOREY.  VOTE WAS TAKEN.   YEAS:  5. COMMISSIONER MESSERSMITH, COMMISSIONER PERKINS, COMMISSIONER STOREY, COMMISSIONER GARAVALIA, AND MAYOR KONDRITZ.  NAYS:  0. 

 

COMMISSIONER GARAVALIA MADE A MOTION TO PUT THE CITY OF BENTON FISCAL YEAR 2021/2022 BUDGET ON DISPLAY IN THE CITY CLERK’S OFFICE FOR TWO WEEKS.  SECOND BY COMMISSIONER MESSERSMITH.  VOTE WAS TAKEN.  YEAS:  5.  COMMISSIONER MESSERSMITH, COMMISSIONER PERKINS, COMMISSIONER STOREY, COMMISSIONER GARAVALIA, AND MAYOR KONDRITZ.  NAYS:  0. 

 

COMMISSIONER GARAVALIA MADE A MOTION TO HOLD A SPECIAL MEETING FOR DISCUSSION OF THE BUDGET SO THAT ALL COUNCIL MEMBERS CAN BE PRESENT AND THE PUBLIC WOULD BE INVITED AS WELL.  THIS MEETING IS TO TAKE PLACE ON MONDAY, APRIL 19, 2021.  SECOND BY COMMISSIONER MESSERSMITH.  VOTE WAS TAKEN.  YEAS:  4.  COMMISSIONER MESSERSMITH, COMMISSIONER PERKINS, COMMISSIONER STOREY, COMMISSIONER GARAVALIA, AND MAYOR KONDRITZ.  NAYS:  0. 

 

COMMISSIONER GARAVALIA STATED SHE WOULD LIKE TO ANNOUNCE THAT THERE WILL BE AN OPEN HOUSE/RIBBON CUTTING AT THE BENTON MUNICIPAL AIRPORT ON APRIL 23, 2021 AT 12:00 NOON.  COMMISSIONER GARAVALIA STATED THAT THIS IS OPEN TO EVERYONE AND ENCOURAGED PEOPLE TO COME AND VISIT THE NEW TERMINAL. 

 

ATTORNEY MALKOVICH STATED THAT HE HAD NO FURTHER ITEMS FOR DISCUSSION AT THIS MEETING.

 

IN MISCELLANEOUS BUSINESS, MAYOR KONDRITZ STATED THAT TWIN OAKS IS BOOKED FOR THE REST OF THE YEAR ON WEEKENDS, BUT THAT HE WOULD LIKE PEOPLE TO KNOW THEY CAN STILL BOOK THROUGH THE WEEK. 

 

UNDER OLD BUSINESS, COMMISSIONER MESSERSMITH ASKED WHAT WAS HAPPENING WITH THE EXPIRED CONTRACT FOR CODE ENFORCEMENT OFFICER/ZONING ADMINISTRATOR DAVID GARAVALIA.  COMMISSIONER MESSERSMITH STATED THAT WHEN HE ASKED BEFORE HE WAS TOLD THAT IT WOULD BE REVISITED IN APPROXIMATELY 60 DAYS.  MAYOR KONDRITZ STATED THAT MR. GARAVALIA HAD PROJECTS UNDERWAY THAT HE NEEDED TO SEE THROUGH AND THOSE PROJECTS WERE SCHEDULED THROUGH AT LEAST JULY. 

 

NO NEW BUSINESS.

 

NO MATTERS FROM THE PUBLIC AUDIENCE. 

 

COMMISSIONER STOREY MADE A MOTION TO ADJOURN.  SECOND BY COMMISSIONER MESSERSMITH.    VOTE WAS TAKEN.  YEAS:  5.  COMMISSIONER MESSERSMITH, COMMISSIONER PERKINS, COMMISSIONER STOREY, COMMISSIONER GARAVALIA, AND MAYOR KONDRITZ.  NAYS:  0. 

 

7:15 P.M.