The Regular meeting of the Carthage City Council was held April 28, 2009, in City Hall at 538 Wabash Avenue. Mayor Nightingale called the meeting to order at 8:00 PM.  Answering to roll call were Aldermen Campbell, Smith, Fleming, Bentzinger, Neally and Walker. Treasurer Lunt was present for part of the meeting.


Motion was made by Alderman Walker, seconded by Campbell to approve the April 14th meeting minutes. All six Aldermen answered “aye” in approval of the motion, none opposed.


Motion was made by Alderman Walker, seconded by Fleming to approve the April 21st Budget Hearing meeting minutes. All six Aldermen answered “aye” in approval of the motion, none opposed.


Mayor Nightingale reminded the Council of the Motor Fuel Tax letting scheduled for 11:00AM tomorrow, April 29th.


Mayor Nightingale reported on a letter he received from Mediacom, which reported the number of complaints and the categories of those complaints. The Mediacom contract will expire in May. The Mayor stated that no contract would be signed until a representative from Medicom comes to a Council meeting.


Attorney Tucker had prepared a comment sheet regarding the contract. Those were distributed among the Council members for their review.


Another letter from Mediacom indicated that NBC Channel #3 would be discontinued. Channel 2’s NBC channel will continue as well as #702, the high definition channel.


Mayor Nightingale reported that he had received word from Patrick Engineering that we had again been denied the $74,000 grant for the landfill. This is the fourth time Patrick has prepared this document and the City still not received the grant.


Mayor Nightingale had Clerk Graham read a resolution in support of the Charger Center at the former Carthage College Campus.


Motion was made by Alderman Walker, seconded by Fleming to approve the above resolution. All six Aldermen voted “yes”.


Clerk Graham reported that the new rates for health insurance for next fiscal year had arrived and increased only $1.00 per month per person. 


Motion was made by Alderman Fleming seconded by Walker to approve Ordinance 2008-16 to solicit bids for removing and replacing the concrete pad in front of the fire station. All six Aldermen voted “yes”.


Alderman Fleming reported that Jansen Electric is supposed to be at City Hall on Thursday to work on the emergency generator. He also reported that one of the squad cars has experienced warranty problems. The repair required the dashboard to be removed. In order to accomplish this, the additional equipment had to be removed which is not covered by the warranty. This additional labor is going to cost several hundred dollars. The police are planning to send a letter to the manufacturer to see if they will cover the cost of this repair, since the car was specifically sold as a police vehicle and they would know that the extra equipment would be placed on there.


A question was raised regarding the ownership of the road near the #336 exchange.  The state has never deeded this property to the City. The Mayor reported that several months ago the contact person indicated that he had forgotten and would follow up on it. The Mayor will call this person to follow up, since no information has been forthcoming.


Mayor Nightingale reported that the landfill area is experiencing severe washout. He felt that this problem needed to be addressed before the construction of the downshoot.


The City Wide clean up has not been scheduled, but Alderman Neally stated they would set the date at the upcoming committee meeting on Monday. They will select two separate dates. The new garbage carrier indicated that June 6th was their only conflict in June. Deputy Clerk Dean reported that the Relay for Life is planned for June 13th. Alderman Walker added that the annual Strawberry Strut is also on that date.


The Mayor reported that the committee responsible for the distribution of the TIF funds had met and reviewed a request from the elementary school for $4,000.00

This money would pay for the concrete pad that bleachers will be placed on. Following discussion, the committee recommended $2,000.00 be paid for this expense.


Motion was made by Alderman Walker, seconded by Fleming to approve this spending from the TIF fund. All six Aldermen voted “yes”.


The Mayor reported that this group would be establishing some spending guidelines for this fund.


Mayor Nightingale reported that he had received information from PSBA that the paperwork for the Washington Street water line was expected soon. Once that is signed, the work can begin on that project.


An Ordinance is needed to increase the rates for water and sewer. Clerk Graham reported that she would try to have that to the Attorney for him to prepare an ordinance by month end.


Alderman Smith reported that the emergency generator at the waterplant is completed except for a few things on the “punch list”.  He also reported that the street department would be sealing the cracks on the square as soon as possible.


Alderman Smith recommended when the City is negotiating the next contract with Mediacom the City should request equal services given to the public in order to monitor the quality of services Mediacom delivers. An example is the Internet and antennas for older TVs. 


Alderman Smith reported that a discussion during the public works meeting indicated that there is a lot of surplus equipment that should be sold. The Water and Street departments are to compile a list within the next couple days so that this list can be published for soliciting bids.


Alderman Smith reported that the site for the potential tower for Iowa Wireless had been selected and first impressions are that there is nothing in that area that would prohibit the construction.


Attorney Tucker made several comments on the contract including real estate taxes would be the responsibility of Iowa Wireless. The local representative was in attendance and indicated that this should not be an issue from Iowa Wireless perspective.


According to Tucker the contract would exercise a 12 month option for investigating the site and pay the City $500.00. They would have the option for an additional 12 months investigation for this same price to the City.


If all information is gathered and they exercise the option to build the tower a notice will be given to the City and this same agreement becomes a lease.


Alderman Smith indicated they are asking to build a self-supporting tower with no guidewires and 150’ tall. Attorney Tucker indicated that most cities have a limit of 140’ for towers. If this would be true for Carthage the building permit might require a variance.


Once the company was through the option phase the lease would be in effect for an initial 5-year period. The contract indicates that they have the right to renew every 5 years for another 25 years. The rent would go up 10% each 5-year period.


One concern expressed from Tucker was a clause on page 5 of the contract regarding insurance. He translated the contract language to reveal that if there was an issue concerning the two insurance companies (the City’s and Iowa Wireless), one company could not sue the other. Tucker indicated this might be an issue with the City’s insurance company and would need to be investigated.


Tucker also requested general information on this company including total assets, Dunn & Bradstreet information, and credit worthiness.


Motion was made by Alderman Smith, seconded by Neally to enter into a contract with Iowa Wireless with changes made by the City Attorney. As soon as these changes are made the Mayor would sign. All six aldermen voted “yes”.


Alderman Fleming requested a sign be placed a block or so before the square for vehicles to slow down, watch for foot traffic, etc. when the farmers market was happening. There were no objections from the Council members.


Motion to adjourn at 9:00PM. 


Katherine Graham

City Clerk