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August 14, 2pp6 Joint Meeting of the Utilities & Public Works and Property Vacation Committees <br />Page 2 <br />City Attorney Charles Leone noted that Dr. Varner is correct in that the Legal <br />Department's version of the Bill would open up the criteria wider and would <br />provide more discretion to the Council. He noted that in all versions the Board of <br />Public Works would make an advisory recommendation to the Council, with the <br />Council having the final vote. He stated that the criteria "ar other tangible <br />benefits" which he is suggesting would have some definition to it. <br />Dr. Varner stated that part of the problem involves how hard it would be to apply <br />the proposed `br other tangible benefits" criteria, in a fair and systematic way. <br />He voiced concern that there would be a potential far many requests for special <br />rates which could result in a "squeeze an the entire rate structure". This would <br />result in "cost shifting". <br />The City Attorney and the Council Attorney disagreed an how the "or other <br />tangible benefits" would be applied to customers. <br />Council Member Kirsits appreciated the City Attorney's comparison chart and the <br />Council Attorney's comparison chart on the three (3) versions of the substitute bill <br />(copies attached}. He noted that he would not see addressing the odor coming <br />from the ethanol plant as constituting "or other tangible benefits"", however it <br />could be argued that it would be. He therefore preferred that standard that <br />focuses on "clearly reducing costs", as proposed by the "short version" in the <br />KirsitsNarner substitute bill. <br />Following discussion, Dr. Varner made a motion, seconded by Council Member <br />Kuspa that the KirsitsNarner "short version" of Substitute Bi[I No. 19-06 dated <br />July 24, 2006, be recommended favorably to Council. The motion passed. <br />There being no further business to come before the joint committee meeting, <br />Council Member Kirists adjourned the meeting at 4:03 p.m. <br />Respectfully submittedE f , m . <br />~~~°.~ <br />" ~ hair erson <br />Council Member AI Buddy Kirs ts, C p <br />lJtilities Committee <br />Council Member David Varner, Chairperson <br />Public Works and Property Vacation Committee <br />Attachments ~~ ~' , <br />