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HomeMy WebLinkAbout04-18-07 City Council Meeting Minutes CANTON CITY COUNCIL Wednesday, April 18, 2007 th Historic Depot 50 North 4 Avenue, Canton, Il. A regular meeting of the Canton City Council was held on April 18, 2007 in th the Council Chambers at 50 North 4 Avenue, Canton, Illinois. (Date changed due to Aldermen Election.) PLEDGE OF ALLEGIANCE OPENED THE MEETING, FOLLOWED BY THE INVOCATION GIVEN BY TREASURER KATHY LUKER. Mayor Heinze asked for roll call at 6:30 pm. Present—Alderman Joe Berardi, Alderman Jim Hartford, Alderman Craig West, Alderman Larry Sarff, Alderman Kevin Meade, Alderman Les Carl, Alderman Eric Schenck, Alderman Sonya Lewis. Absent—None Others in attendance: Mayor Rodney W. Heinze, Deputy Clerk Diana Tucker, City Treasurer Kathy Luker, Interim City Attorney John McCarthy, Police Chief Jeffrey Fritz, Fire Chief John Stanko, Public Works Director Clif O’Brien, Wastewater Treatment Plant Supt. Joe Carruthers, Water Treatment Plant Supt. Greg Pollitt, Zoning Officer Clark Wilson. In the audience was Jason Standberg, Kurt Skender, Mark Bixler with WBYS, John Froehling with Canton Daily Ledger, Jenny Freeman with Peoria Journal Star, Mark Rothert, Gary and Heidi Leese, Jeremy Grove, Scott Childs with Dacott and Steven Guy with Dacott, Todd Vanadilok with Teska, Mike Hoffman with Teska, Terry Jenkins and Brudget Lane with Business District Associates. Video Services Provided by Joe Ginger. MINUTES OF THE April 3, 2007 COUNCIL MEETING. City Treasurer Kathy Luker pointed out that an error was sighted in the first page of the minutes. It was previously reported that 115 employees are in the healthcare plan. The correct number of employees in the healthcare plan is The motion carried 151. by voice vote, and was unanimous. TH MINUTES OF APRIL 10, 2007 CLERICAL COMMITTEE MEETING. Alderman Sarff second by Alderman Carl, the minutes of the April 10, 2007 be accepted and place on file. The motion carried by voice vote, and was unanimous. 1 Council meeting 4-18, 2007 COMPREHENSIVE PLANNERS (TESKA & ASSOCIATES ) UPDATE. Mark Rothert introduced Todd Vanadilok and Mike Hoffman project managers with the plan with Teska and Associates. Todd made a presentation covering a community assessment summary of their work over the last several months. While in Canton Teska and Associates as well as Business District Inc. (Terry Jenkins and Bridget Lane) took a tour of Canton. Items covered during the presentation included: A brief time line, and community assessment. Demographics, Land-Use, Transportation, Community facilities, and Housing were all discussed. A copy of the power point presentation is available for review. Todd spoke on the fact that Canton needs to diversify housing options to meet the varying income levels and life situations. Second it needs to provide recreational, commercial, cultural social, and educational opportunities for residents of all ages. Third Canton needs to enhance the local economy. This type of economy needs to provide business and employment opportunities that match the economy. The economy would provide local job opportunities, also work with the education systems to prepare a capable work force. With the plan Canton needs to continue to enhance the transportation network –this can include the support of Illinois 336 extension or expansion of route 24. This plan builds upon the strength of the education, parks and healthcare systems. The plan pulled together basically helps enhance the overall quality of life of Canton. After the community assessment the next step is 1. Creating a vision statement. 2. Building up goals and objectives. 3. A public forum. The public forum is scheduled Tuesday May 22, 2007 held at the Donaldson Community center at Wallace Park at 6:00pm. A notice will later be made in the newspaper. Vision statements (assignment sheets) will be sent to the city council. The deadline is by May 11, 2007 to have these sheets turned in. Terry Jenkins with Business District and Associates spoke about his opportunity to tour the community. The focus was the downtown, the Harvester Site, the industrial park on the west. Their assignment with Teska and Associates is to provide recommendations relative to economic development policies and plans in the overall vision of the comprehensive plan. Questions were brought to the floor from Aldermen Eric Schenck regarding the low household income in Canton. Terry Jenkins with Business District and Associates recommended to try to diversify the base more. To 2 Council meeting 4-18-07 mix in higher income residents, and get the average figures higher. Aldermen Larry Sarff asked the questions of how many residents in Canton Teska and Associates have talked to. Teska replied that approximately 50- 75 people were talked to from different walks of life. Alderman Meade asked what the plans were for additional meetings. Teska replied that an open house will be set up at a later date. BILLS. Motion by Alderman Westand second by Alderman Meade, that all bills properly presented be approved for payment. Roll call. AYES - Alderman Lewis, Alderman Schenck, Alderman, Carl, Alderman Meade, Alderman Sarff, Alderman West, Alderman Hartford, Alderman Berardi. NAYS - 8 AYES, 0 NAYS, 0 ABSENT. Motion carried. TREASURER’S REPORT. Treasurer Kathy Luker made a comment that the revenues are above expenditures for the year. Through 11 months March Motion 31, 2007 in the amount of $593,248.00. by Alderman Carl and second by Alderman Sarff, to accept the Treasurer’s Report as presented by City Treasurer Kathy Luker. The motion carried by voice vote, and was unanimous. BUDGET REPORT. Treasurer Kathy Luker made a comment that revenues are at 99.9% after 11 months and expenses are at 88.4%. Kathy wanted to thank all of the department heads and the city council. By working together as a team and trying to accomplish the same goals we can achieve much positive activity for the city. Motion by Alderman Sarff and second by Alderman Lewis to accept the . Budget Report as presented by City Treasurer Kathy LukerThe motion carried by voice vote and was unanimous. COMMITTEE REPORTS: Finance. Council meeting 4-18-07 3 Advanced Asphalt bid in the amount of $77,283.08. The first item to bring before the council is the Canton Contract Maintenance, several bids were reviewed. The lowest bid was from Advance Asphalt in the amount of $77,283.08. This was recommended by Keith Plavec of Maurer Stutz Inc. Motion by Aldermen Carl and second by Hartford to accept the bid from Advanced Asphalt. Roll Call. AYES - Alderman Berardi, Alderman Hartford, Alderman West, Alderman Sarff, Alderman Meade, Alderman Carl, Alderman Schenck, Alderman Lewis. NAYS - 8 Ayes, 0 Nayes, 0 Absent. Motion Carried. Request from Spoon River Blues Festival in the amount of $7500.00 from the Hotel/Motel Tax. The next item was a request from the Spoon River Blues Festival in the amount of $7500.00 from the Hotel/Motel Tax. Motion by Alderman Carl and second by Alderman Sarff to accept the amount. Roll call. AYES - Alderman Lewis, Alderman Schenck, Alderman Carl, Alderman Meade, Alderman Sarff, Alderman West, Alderman Hartford, Alderman Berardi. NAYS - 8 Ayes, 0 Nays, 0 Absent. Motion carried Request from Leander Construction for Payment # 9 Kilroy Pump Station in the amount of $52248.75 . The last item is a request from Leander Construction for payment # 9 Kilroy Pump Station in the amount of Motion $52248.75. by Alderman Carl and second by Alderman Hartford to accept this request. Roll call. AYES - Alderman Berardi, Alderman Hartford, Alderman West, Alderman Sarff, Alderman Meade, Alderman Carl, Alderman Schenck, Alderman Lewis. NAYS – None. 8 Ayes, 0 Nays, 0 Absent. Motion carried. Legal & Ordinance. Council Action. None. Community & Industrial Development Council meeting 4-18-07 4 Council Action. None. Negotiations, Grievance & Personnel. Council Action None. Informational. Alderman Sarff wanted to have on record the negotiations for public works next Wednesday April 25, 2007 at 6:00pm at the city building. This will be in executive session. COMMUNICATIONS FROM MAYOR RODNEY HEINZE. Mayor Rod Heinze wants to send thanks to all of the City of Canton employees for the surplus and doing well. Mayor Rod Heinze presents plaques to Aldermen Jim Hartford, Gary Watson, and Richard Booth. Alderman Hartford and his wife excepted the plaque from Mayor Rod Heinze. Rod spoke of Aldermen’s time serving the City of Canton as Aldermen since 1995. He has been a dream come true aldermen for a mayor. Any project with the exception of 1 Alderman Hartford has agreed to help. Both Alderman Hartford and his wife have been wonderful. Mayor Rod Heinze has a plaque for Richard Booth from the cemetery board. Richard is no longer able to be on the board. This has been a very stressful position, and Mayor Heinze rewards his efforts. Richard is not present to receive the plaque. Mayor Rod Heinze has a plaque to award to Gary Watson. Gary has done a “wow” job with the cemetery. Limited documentation was available from the cemetery. Gary has created a program to layout this information that was previously kept on 160 year old paper. Gary has been on the board for 8 years. Gary will no longer be on the board. Gary thanked everyone for all of their support. Council meeting 4-18-07 5 Alderman Jim Hartford addressed the council and audience. Jim remarked on his years on the city council. He has been a city of Canton Alderman for 12 years, from 1995-2007. He has served under three mayors. Jim has been on various committees over the 12 years. He has graduated from both the citizens police academy and the fire department academy. Jim has attended the OSHA course at IDOT in Springfield. Jim is currently attending the Spoon River College sponsored retirees leading academy three. Jim was involved in having old buildings and trailers demolished. Jim has helped improve the roads in Greenwood Cemetery, and many streets in Canton. Jim has been involved in bringing water from the Illinois River and improving and upgrading the water and sewer plant in the first time in over 68 years. Jim has conducted town hall meetings and informal gatherings of citizens of his ward in his home. Jim thanks all of the department heads and employees of the city for their support and help. Mayor Heinze, and all of the Aldermen received special thanks from Jim. The people of ward 1, Nancy Whites, Kathy Luker and Clif O’Brien Jim thanked for all of their support. Recommendation as the Liquor Commissioner . Mayor Rod Heinze gave a background on the number of liquor license. The city currently has one class A liquor license. Rod had a meeting and explained the process to each party applying. The liquor commissioner makes a recommendation then the council either approves it or does not. Rod believes it is a good idea that the council votes for these licenses. Gary Leese and his wife are applying for this license along with Jeremy Grove. ( two parties applying) Rod previously visited with both parties, and both parties meet the guidelines for the liquor licenses. Gary and his wife have a business currently, Jeremy does not have a business operating license. If your looking at just an objective stand point this does add another business to them. As Rod told them at the meeting mayor Heinze was going to recommend Jeremy Grove, the name of the license as Outskirts Bar and Grill Inc. Mayor Heinze would like to name Outskirts Bar and Grill Inc as the recipient of the outstanding liquor license. Mayor Heinze asked what is your pleasure on this. Alderman Hartford asked the question. If we only have one license, is there a possibility or a reason why we can’t have another one. Mayor Heinze Council meeting 4-18-07 6 stated that he is opposed to any extension of liquor sales, but this is up to the council. Alderman Lewis asked if Jeremy could get the Class B and bump Gary Leese’s license up to a Class A? Mayor Heinze remarked this would be likely so. From a formal stand point we would have to have a formal hearing, but he does not see any reason. Alderman Lewis stated that Gary is a proven class act in Canton. Aldermen Lewis also stated that she is sure that Jeremy is going to try to get Outskirts going, but her thoughts are to give Gary the Class A. Mayor Heinze asked for a motion for discussion. Alderman Sarff makes a motion, second by Aldermen West be considered to issue the permit. Alderman Carl asked Mayor Heinze what criteria was used other than one being in business and one not being in business. Mayor Heinze replied that you have to be of good character. It was agreed that both parties are of good character. Alderman Carl asked what other criteria was used. Mayor Heinze said that the only other criteria would be that there would be an additional business in town. Mayor Heinze stated that this was not an easy decision. Alderman Schenck commented that he would vote against this, not because he thinks that Jeremy Grove is not a good applicant. He also thanks the Mayor had a very fair and considerate process for making his choice. Alderman Schenck stated that he has a different conclusion as to who he thinks the license should go to. He stated that the decision is difficult because we limit the number of these licenses. Alderman Schenck believes an existing business that is proven to be responsible as a liquor license holder should be awarded this license. Alderman Schenck believes that the supper club license is the opportunity for someone to become involved and demonstrate the ability to run a responsible organization. Alderman Sarff commented that he has known the applicant Jeremy and his father for a number of years. Alderman Sarff told Jeremy that if this was denied that he would welcome Jeremy to the business community with a Council meeting 4-18-07 7 class B license. For the same reasons as previously stated he would support the issuance of the license to the Palm Café. Mayor Heinze stated that just for review the class B license does require at least 60% of the sale to be food. However the application is for a Class A, Mayor Heinze stated that he could not approve a class B license tonight. Roll Call. AYES – None. NAYS - Alderman Lewis Nay, Alderman Schenck Nay, Alderman Carl Nay, Alderman Meade Nay, Alderman Sarff Nay, Alderman West Nay, Alderman Hartford Nay, Alderman Berardi Nay. 0 Ayes, 8 Nays, 0 Absent. Motion defeated. Mayor Heinze stated that we have an open license and the applicant is Gary Leese and his wife Heidi. Mayor Heinze said at the hearing he would be recommending a license. Mayor Heinze was told to advertise this license for 10 days. This advise was taken and no one else applied. At this time Mayor Heinze stated that he is ready to recommend this license to Gary and his wife in their corporation name: Canton Restaurant and Retail Group DBA Palm Café. Mayor Heinze is submitting the name of Palm Café as the recipient of this class A liquor license. Motion by Alderman Berardi and second by Alderman Schenck to accept a liquor license to Canton Restaurant and Retail Group DBA Palm Café. Roll call. AYES - Alderman Berardi, Alderman Hartford, Alderman West, Alderman Sarff, Alderman Meade, Alderman Carl, Alderman Schenck, Alderman Lewis. NAYS – None. 8 Ayes 0 Nays, 0 Absent. Motion carried. OLD BUSINESS: ORDINANCE - ADOPTING THE BUDGET FOR ALL CORPORATE PURPOSES OF THE CITY OF CANTON, IN LIEU OF AN APPROPRIATION ORDINANCE, FOR THE FISCAL YEAR BEGINNING MAY 1, 2007 AND ENDING APRIL 30, 2008. Motion Alderman Meade and second by Alderman Carl, the ordinance be place on its passage. Roll Call. AYES - Alderman Lewis, Alderman Schenck, Alderman Carl, Alderman Meade, Alderman Sarff, Alderman West, Council meeting 4-18-07 8 Alderman Hartford, Alderman Berardi. NAYS – None. 8 Ayes 0 Nayes, 0 Absent. Motion carried. Ordinance being# 1903. ORDINANCE - AMENDING SECTION 3-1-20 (LICENSES: CRIMINAL BACKGROUND CHECKS) OF THE CANTON MUNICIPAL CODE. Motion by Alderman Westand second by Alderman Hartford, the ordinance be placed on its passage. Roll call. AYES - Alderman Berardi, Alderman Hartford, Alderman West, Alderman Sarff, Alderman Meade, Alderman Carl, Alderman Schenck, Alderman Lewis. NAYS – None. 8 Ayes 0 Nays, 0 Absent. Motion carried. Ordinance being# 1904. ORDINANCE----AMENDING CHAPTER 8 (INTOXICATING LIQUORS) OF THE CANTON MUNICIPAL CODE. Motion by Aldermen Schenck second by Aldermen West, the ordinance be placed on its passage. Roll call. AYES - Alderman Lewis, Alderman Schenck, Alderman Carl, Alderman Meade, Alderman Sarff, Alderman West, Alderman Hartford, Alderman Berardi. NAYS – None. 8 Ayes 0 Nays 0 Absent. Motion carried. Ordinance being# 1905. ORDINANCE—PROVIDING FOR 2 HOUR PARKING SIGN AT THE 1000 BLOCK OF LAWRENCE DRIVE. (AMENDMENTS OF 2 HOURS ON BOTH SIDES OF STREET ON LAWRENCE, DOWN TO MA-GRA-BL, FROM 7:00 A.M. TO 4:00 P.M. MONDAY THRU FRIDAY.) Motion by Alderman Sarff and second by Alderman Berardi, the ordinance be sent back to legal and ordinance for further discussion. Motion carried by voice vote and was unanimous. NEW BUSINESS: RESOLUTION—APPROVING AN AGREEMENT BETWEEN THE CITY OF CANTON AND THE CITY OF CANTON POLICE DEPARTMENT. First reading read by title. Motion by Alderman Sarff and second by Alderman Meade, the resolution be adopted. Discussion. Alderman Berardi asked for the basics of the contract to be explained. Council meeting 4-18-07 9 Alderman Sarff stated that this is a four year contract retroactive to May 1 2006. We have been negotiating a little over 1 year. This is an arbitrator decision. The arbitrator decided the pay increases for four years be 4, 4, 3, 3. There would be a medical savings account set up for the employees at 2% of the base pay, to be put into the medical account to be used to pay medical expenses after retirement. The city will be paying this. The insurance which has been paid at 3% of the base pay the last year of the contract changed to 20% of the premium. The retirees will also paying 3% will also pick up 20% of the premium at that same time. Anyone who hires in after May 1, 2007, when they retire will pay 75% of the premium after they retire. We also established a wellness program for employees at Graham Hospital.Roll call. AYES - Alderman Berardi, Alderman Hartford, Alderman West, Alderman Sarff, Alderman Meade, Alderman Carl, Alderman Schenck, Alderman Lewis. 8 Ayes 0 Nays, 0 Absent. Motion Carried. Resolution being# 3795. RESOLUTION - APPROVING ANAGREEMENT MAURER & STUTZ INC. FOR PROFESSIONAL SERVICES FOR AVENUE C SANITARY SEWER DESIGN AND CONSTRUCTION IN THE AMOUNT OF $67,000.00 (GRANT WILL PAY $42,0 00 AND THE REMAINDER OF THE FUNDS OUT OF THE 2007-2008 BONDING BUDGET.) Motion by Alderman Carl and second by Alderman Hartford the Agreement be adopted. Roll call. Alderman Lewis, Alderman Schenck, Alderman Carl, Alderman Meade, Alderman Sarff, Aldermen West, Alderman Hartford, Alderman Berardi. 8 Ayes 0 Nays, 0 Absent. Motion carried.Resolution being# 3796. RESOLUTION -- AUTHORIZING THE TRANSFER OF MONEY FROM THE GENERAL FUND TO THE CIVIL DEFENSE FUND. Motion First reading read by title. by Alderman West and second by Alderman Berardi, the resolution be adopted. Roll call, AYES - Alderman Berardi, Alderman Hartford, Alderman West, Alderman Sarff, Alderman Meade, Alderman Carl, Alderman Schenck, Alderman Lewis. NAYS - 8 Ayes 0 Nays 0 Absent. Motion carried. Resolution being# 3797. Council meeting 4-18-07 10 RESOLUTION—APPROVING A PRE-ANNEXATION AGREMENT BETWEEN THE CITY OF CANTON AND HOWARD AND ALICE MCADAMS. Motion by Alderman Hartford and second by Alderman West the resolution be adopted. Roll Call. AYES - Alderman Lewis, Alderman Schenck, Alderman Carl, Alderman Meade, Alderman Sarff, Alderman West, Alderman Hartford, Alderman Berardi. NAYS – None. 8 Ayes 0 Nays 0 Absent. Motion Carried. Resolution being# 3798. RESOLUTION—APPROVING AN AGREEMENT WITH ILLINOIS DEPARTMENT OF CENTRAL MANAGEMENT FOR ELECTRICAL UTILITY. Motion by Alderman Carl and second by Alderman Hartford the resolution be adopted. Discussion. Alderman Berardi said he wanted to ask Mark Pruitt a few questions. Mark Pruitt is not present. Aldermen Berardi asked who was going to talk on his behalf? ICAA and Dacott was asked to get with Mark Pruitt and go through the contract that they were offering. Berardi said that Dacott has not been involved in that part of it has not returned any calls to follow the councils recommendation. Berardi said that after reviewing the documentation Berardi noticed that the contract was not signed until 30 days ago. Berardi was curious if they have received a bill yet to base their experience on. Aldermen Berardi stated that he had a rough time with this. Aldermen Berardi stated that Mark Pruitt was asked about what was the actual cost delivered to the city of Canton. Berardi stated that Mr. Pruitt could not answer this. When going back through the contract it was discovered that there were a lot of add-ons added to this price. Berardi stated that when Dacott went back through this to review there was no savings and possibly would cost the city of Canton more money than what Mr. Pruitt was saying. Berardi stated that if you go back and review this information the cost of electricity is one amount and the actual cost delivered is another price. Berardi is almost positive that Mr. Pruitt quoted the price of electricity, but not the delivered price to the meter. Aldermen Berardi stated that you can not buy electricity any cheaper from one supplier to another. Alderman Berardi said he suggests that since Mr. Pruitt is not here, not to go with this contract. Council meeting 4-18-07 11 Alderman Meade asked the following questions to Treasurer Kathy Luker. “How does this rate today compare to the rate we received last week?” Kathy Luker said the savings from last week is very close. Kathy said the rate last week was .061 this rate is.05869 , however we have lost a weeks worth of savings. Alderman Meade stated that this weeks rate is slightly better. Alderman Meade asked the city attorney if he has had a chance to review the contract and if he has any problem with the way it was presented. Attorney John McCarthy stated that he has reviewed the contract prior to last week. John McCarthy addressed Alderman Berardi by informing him that Mr. Pruitt sent a lengthy e-mail to everyone explaining the differences. John stated that if we choose the index rate there is no penalty, one of the things that was raised was that the exhibit A that was sent around by ICAA and Dacott does call for a penalty, but that was on a fixed rate contract. Alderman Berardi asked Attorney McCarthy if he has read exhibit A. John stated that yes he indeed did read the exhibit. Berardi asked if “ there were no add-ons to the 61 cents?” Attorney McCarthy said “if you recall last week he indicated that there were add ons. Alderman Berardi said it was a delivered price that was discussed. Alderman Berardi wants to know if the 61 cents is a delivered price? City Treasurer Kathy Luker stated it was never 61 cents. The actual amount is 6.1 cents. “This was not the delivered Price” The supplied price is .05869 and last time it said .061. Attorney McCarthy said the letter from Mr. Pruitt outlines what the delivered price is and what the savings would be. Alderman Berardi asked if the $47,000.00 savings is correct? Attorney McCarthy replied that this is what the letter from Mr. Pruitt indicates. Alderman Berardi asked what we are paying from Ameren. City Treasurer Kathy Luker replied .096, however these are averages. Mayor Heinze entertained a motion to allow Dacott to speak to the council Motion for five minutes or less. by Alderman Schenck and second by Alderman Carl to have Dacott speak and answer some questions. Approved by a voice vote and was unanimous. Scott Childs with Dacott stated that there were two basic questions from the meeting last week. Council meeting 4-18-07 12 1. What is the real delivered cost? 2. Issue about Termination—What penalty might be assessed. “ The contract clearly states that if you go on an index price which I would not recommend to anyone, it poses a great deal of risk. From a risk management I would assume you guys would take a fixed price. If you take a fixed price you are exposed to termination penalties if you were to terminate early. In terms of the cost adders--- I have not had a chance to go through Mr. Pruitts information. But the reality is that they have come back and recognized that the price of.0615 that was presented last week was not all inclusive. The couple of numbers that I have looked at the fixed price rate that was quoted is ..05869 which is about 4-5 % lower than the .0615 price presented last week and yet the total savings went from about $55,000.00 to $47,000.00. This leaves me a little bit confused. I think the simple fact is there are some discrepancies in the calculation of the rate. There are clearly some costs that I can not quantify for you. Those are specifically related to congestion on the misso system that are related to capacity on the misso system. Those are clearly pass through charges. If those charges are high enough you could end up being in the position where your overall power cost to the city could be at-or greater than where you would have been with Ameren-- had you stayed under the bundled rate. As its proposed and as the cost estimates are laid out for you it appears there is some savings which is some good news for the city. But please be aware that those cost savings that are being proposed today do carry with them some level of risk. That level of risk could result in more savings or less savings. That being said I leave it up to you guys what your risk tolerance level is. I would be a little concerned with all of the moving parts that went on with these numbers. Kathy Luker said she found the information from last week and the March th 20 price quote was $74,873.97 savings. On April 3 was $61,529.50. The th price savings last week was $54989.95 on April 10 that showed a percentage of 12.77 and that is where the number actually went down to $47401.00 with a price savings. Differential on energy cost 13.78. Differential on total cost 10.64. so it does look a little strange the numbers Council meeting 4-18-07 13 have gone down the percentage has gone up a little bit and its because this quote on page 3 it does include everything. Aldermen Schenck asked if the accounts that would be subject to this contract would include the accounts that we currently have free 50 thousand kw. We do not want to buy a contract for electricity that we are getting free? City Treasure Kathy Luker stated that we can choose which accounts. If we are loosing money on any account—we would not go with those Kathy stated that the exhibit would be changed to reflect this. Under our current contract this free usage would go away in 2011. This was a fifty year contract made back in 1961. Alderman Sarff asks how long the proposed contract is in effect? This policy is renewable May of each year. With a fixed rate can we get out of the contract at this time without a penalty? City Treasurer Kathy Luker stated-- Yes we can! Interim City Attorney John McCarthy stated “lets make this penalty clear If you are on a fixed rate --if you go with a fixed rate there is a penalty because they have to lock in that rate, and they are paying for it. If you go with an index rate there is no penalty. Alderman Berardi asked if we are signing a three year contract? If we get out-- is there a penalty at the end of the year? Interim City Attorney John McCarthy stated “This is a five year contract that started December 2006 and expires December 31, 2011. Its renewable on the same terms and conditions for an additional one-three year renewal term. You can get out of this with a fixed rate on the anniversary with 15 days notice Alderman Schenck asked “If you get out at the end of the one year with a fixed rate is there a penalty?” Interim City Attorney John McCarthy stated “not as he understands it. If you sign up for the one year, at your anniversary date you would have to renew it. Again this is a five year contract renewable every year unless you opt out. We would be advised based on the rates when we would lock in with a contract within the next 30 days. Roll call. AYES – Alderman Hartford, Alderman Sarff, Alderman Meade, Alderman Carl, Alderman Schenck, Alderman Lewis. NAYS - Alderman Berardi, Alderman West. 6 Ayes, 2 Nays, 0 Absent. Motion carried. Resolution being# 3799. Council meeting 4-18-07 14 RESOLUTION—APPROVING AN AGREEMENT WITH ICAA. First reading, read by title. ADJOURNMENT. Motion by Alderman Sarffand second by Alderman West to adjourn. The motion carried by voice vote and was unanimous. The regular scheduled council meeting adjourned at 8:20 p.m. ______________________________________ Nancy Whites, City Clerk APPROVED: ____________________________________ Rodney W. Heinze, Mayor 15