01/06/2009 Regular Meeting
FRIEND CITY COUNCIL
MINUTES-REGULAR MEETING
JANUARY 6, 2009
In Mayor Vossler’s absence, Council President, Dale Lawver, called the regular meeting of the City Council to order at 7:00 p.m. at the City Hall. Advanced notice of the meeting was given by publication in The Sentinel, the appointed method for giving advanced notice. All proceedings shown were taken while the meeting was open to the attendance of the public.
Council President, Dale Lawver, presided and City Clerk, Debbie Gilmer, recorded the proceedings. The following Councilmembers were present: Stanley Krause, Dan Drake, and Harlan Schrock. City Attorney, Mike Mullally, was also present. A quorum being present and the meeting duly convened, the following proceedings were had and done.
As required by the Nebraska Open Meetings Act, Dale Lawver announced that a copy of the Nebraska Open Meetings Act has been posted on the south door of the City Hall meeting room for all in attendance to review.
President Lawver stated that at this time public comments would be accepted. No comments were offered.
Motioned by Drake, seconded by Krause, to approve the Minutes of the November 26, 2008 special meeting, the December 2, 2008 regular meeting, and the December 2008 Treasurer's Report as presented and file same. On roll call voting aye to approve the Minutes of the November 26, 2008 special meeting, the December 2, 2008 regular meeting, and the December 2008 Treasurer's Report, Lawver, Schrock, Krause, Drake. Nays none. Motion carried.
No reports were submitted for Warren Memorial Hospital.
A motion was made by Schrock, seconded by Drake, that payroll and claims be approved by the claims committee, and be allowed, and the Clerk instructed to issue warrants on the respective funds to pay same. On roll call voting aye, Krause, Schrock, Lawver, Drake. Nays none. Motion carried.
The claims approved were as follows: December Payroll, 19,779.54; Ameritas, 1759.88; EFTPS, 6490.58; Alltel Cellular, 499.11; Don Anderson, re 298.18; Aramark, su 412.97; Black Hills Energy, se 518.55; BVH, su 425.00; Baker & Taylor, su 29.99; Beaver Hardware, su 290.96; Blue Blossom, se 47.94; Central States Lab., su 8587.53; Keith Clouse, fe 250.00; Culligan, su 43.00; Demco, su 31.12; Discover, su 444.28; Exeter Lumber, su 79.68; EMS Billing, se 124.95; Farmer’s Coop, su 1903.31; Friend Country Club, se 1201.13; FIDC, fe 100.00; Galaxy Cable, se 39.95; Gale, su 47.18; Gene’s Electric, se & su 3779.85; General Reporting Svc, se 32.90; Good Word, su 49.85; Great Plains One-Call, se 8.08; Heiman, su 380.09; Jeff Hinkeldey, se 75.00; IIMC, fe 125.00; Johnson’s, su 178.02; Jr Library Guild, su 38.16; Kirkham Michael, fe 3461.00; Konica, fe 73.05; Stanley Krause, re 52.99; Jackie Larsen, re 84.84; Matt Friend Truck Eq, su 622.56; Menards, su 194.29; Chris Michl, se 436.80; Midwest Labs, se 459.48; Michael Mullally, fe 516.00; MES, su 170.16; NMPP, se 2280.00; NE Rural Water, fe 175.00; NE Environmental Prod, su & se 761.03; NE Muni Clerk’s Assoc, fe 25.00; NE Public Power, su 48,497.72; NE Dept of Rev, SWH, 995.00, Sales & Use Tax, 4550.43; Norris Public Power, se. 4167.27; Pioneer Publishing, fe 213.80; Plains Power, su 326.35; Postmaster, fe 363.50; Principal Mutual, fe 3035.37; Ray Rohrig, fe 146.12; Shell, su 224.27; The Garbage Co, se 189.81; Marvin Slepicka, fe 750.00; Young’s Welding, se 161.04; Windstream, se 715.46. Total Claims Approved $121,720.12.
Dale Lawver introduced and read proposed Resolution #09-01, relating to an application of The Friend Legion Post #183 for a special designated liquor permit for January 28, 2009.
RESOLUTION #09-01
A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF FRIEND, SALINE COUNTY, NEBRASKA, APPROVING THE APPLICATION OF THE FRIEND LEGION POST #183, FOR A SPECIAL DESIGNATED PERMIT UNDER THE NEBRASKA LIQUOR CONTROL ACT, TO SELL LIQUOR, BEER AND WINE AT THE LEGION’S PORK FEED TO BE HELD ON JANUARY 28, 2009 TO JANUARY 29, 2009 IN THE CITY OF FRIEND. THE SAID SPECIAL DESIGNATED PERMIT TO BE LIMITED TO THE INSIDE AREA OF THE LEGION HALL LOCATED AT 136 MAPLE STREET FOR THE LEGION’S PORK FEED TO BE HELD BETWEEN THE HOURS OF 4:00 P.M. ON WEDNESDAY, JANUARY 28, 2009 AND 1:00 A.M. ON THURSDAY, JANUARY 29, 2009, PURSUANT TO THE MUNICIPAL CODE OF THE CITY OF FRIEND, AND THE NEBRASKA LIQUOR CONTROL ACT.
Motion to adopt Resolution Number 09-01 was made by Drake, seconded by Krause. On roll call voting aye, Lawver, Drake, Schrock, Krause. Nays none. Resolution Number 09-01 was passed and approved this 6th day of January 2009.
Dale Lawver introduced and read by title proposed Ordinance #09-706. Councilman Schrock moved that the statutory rule requiring reading on three different days be suspended. Councilman Lawver seconded the motion to suspend the rules and upon roll call, voting on the motion was as follows: Members voting aye, Krause, Schrock, Drake, Lawver. Members voting nay, none. The motion to suspend the rules was adopted by three fourths of the Council and the statutory rule was declared suspended for consideration of the ordinance.
ORDINANCE NO. 09-706
AN ORDINANCE OF THE CITY OF FRIEND ESTABLISHING ELECTRICAL RATES AND CHARGES FOR ELECTRICAL SERVICE FOR CUSTOMERS OF THE CITY OF FRIEND ELECTRICAL SYSTEM; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING AN EFFECTIVE DATE OF THIS ORDINANCE
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF FRIEND, NEBRASKA, AS FOLLOWS:
Section 1: Pursuant to Section 3-308 of the Friend Municipal Code, the following rates and charges are herby established for the sale of electrical energy by the City to consumers for private and public purposes within the City beginning with the February, 2009 billing.
- RATE # 1 RESIDENTIAL
Applicable to electric energy supplied for private dwellings, lighting, refrigeration, electrical appliances of all kinds, motors of one (1) horsepower rated capacity or less, and certain ranges and heaters not hereinafter specifically enumerated under any other residential rate.
Effective February 1, 2009
Customer Charge $10.93 plus
Summer
All Energy, per kWh .10000
Winter
First 750 kWh, per kWh .08600
Excess, per kWh .06300
- RATE # 2 RESIDENTIAL SPACE HEATER
Applicable to electric energy supplied for private dwellings with at least 3 KW of permanently connected house heat.
Effective February 1, 2009
Customer Charge $10.93 plus
Space Heater Credit ($2.00) plus
Summer
All Energy, per kWh .10000
Winter
First 750 kWh, per kWh .08600
Excess, per kWh .06300
- RATE # 3 RESIDENTIAL WATER HEATER
Applicable to electric energy supplied for private dwellings with permanently installed electric water heaters.
Effective February 1, 2009
Customer Charge $10.93 plus
Water Heater Credit ($3.00) plus
Summer
All Energy, per kWh .10000
Winter
First 750 kWh, per kWh .08600
Excess, per kWh .06300
- RATE # 4 RESIDENTIAL ALL ELECTRIC
Applicable to electric energy supplied for private dwellings where electricity is the principal source of space and water heating.
Effective February 1, 2009
Customer Charge $10.93 plus
All Electric Credit ($6.50) plus
Summer
All Energy, per kWh .10000
Winter
First 750 kWh, per kWh .08600
Excess, per kWh .06300
- RATE # 5 COMMERCIAL
Applicable to electric energy supplied for all purposes not previously identified as residential private dwellings, or identified for a specific rate hereafter established by the City of Friend.
Effective February 1, 2009
Customer Charge $18.40 plus
Summer
First 3,000 kWh, per kWh .10700
Excess, per kWh .08700
Winter
First 1,000 kWh, per kWh .10700
Excess, per kWh .07100
Minimum Bill: Applicable to customers connected to or requiring electrical energy to be supplied to various motor loads and other power equipment in excess of 25 horsepower. The minimum monthly charge shall be 60 cents per horsepower per month of the total motor load excluding individual single-phase motors with a rating of three horsepower or less. No charge will be assessed for the first 25 horsepower of the total connected load.
- RATE # 6 COMMERCIAL SPACE HEAT
Applicable to electric energy supplied for a customer that has been previously identified for a particular commercial rate and has installed a type of electric heat that is separately metered from all other electrical usage.
Effective February 1, 2009
Customer Charge $18.40 plus
Summer
First 1,000 kWh, per kWh .10700
Next 2,000 kWh, per kWh .10700
Excess, per kWh .06000
Winter
First 1,000 kWh, per kWh .06000
Excess, per kWh .04200
- RATE # 7 INDUSTRIAL CLASS
Applicable to electrical energy supplied for a non-residential customer whose demand exceeds 50 KW and consumption exceeds 15,000 kWh in one billing period during the preceding twelve (12) month period.
Qualifying customers will be required to furnish or provide for the cost thereof for all necessary electrical equipment, (excluding the meter) to allow for the correct measuring and recording of demand usage and total monthly consumption. This would include any specific equipment as requested by the Utility Superintendent of the City of Friend, such as CT metering equipment if applicable, an acceptable meter socket, and any and all required and specified boxes, wire and connections. Failure to meet this specific section of the rate class will disqualify any and all customers from this rate. Furthermore, it will not be the responsibility of the City of Friend Electrical Department to provide any demand metering equipment excluding the proper electrical meter as necessary.
Effective February 1, 2009
Customer Charge $86.25 plus
Summer
Demand Charge, per kW $16.10
All energy, per kWh .04100
Winter
Demand Charge, per kW $10.35
All energy, per kWh .03900
Excess kVars, per kVar $2.875
Monthly Demand: “Monthly Demand” is defined as the highest integrated kilowatt load during any 60-minute period occurring in the billing period for which the determination is made.
Power Factor Correction: If a customer fails to maintain a power factor of 90%, it will be charged for excess kVars. Excess kVars will be calculated as the maximum kVars for the billing period minus the product of the monthly demand multiplied by 0.4843 (representing a power factor of 90%). In order to provide the customer an opportunity to install corrective equipment, a customer will not be billed for “power factor correction” for the first three (3) months after “Power Factor Correction” is applicable.
- RATE # 8 OFF-PEAK IRRIGATION
Applicable to electric energy supplied for year-round irrigation service to customers who will contract for five horsepower (5HP) or more when all energy is supplied through a single meter and is only used during off-peak service hours, as defined by the Friend Light Department.
Effective February 1, 2009
Horsepower Charge
Per horsepower connected per year
Payable with the first billing
After May 1st of each year $18.40 plus
Energy Charge, per kWh .07100
Note: All customers coming into contract either written or verbal with the City of Friend for this particular rate will be allowed to use energy only during off-peak service hours as defined by Light Department personnel. This off-peak definition will be primarily based on information provided to the City Light Department by their electrical supplier and then communicated to the customer or their representative verbally or by means of an agreed upon messaging system. Each service connection will be equipped with a “Load Control” switch to prevent any and all unauthorized operation during on-peak service hours. Abuse of this equipment and or any disregard to allowable operating time frames shall be cause for immediate disconnection of service and/or severe penalty.
- RATE # 9 CITY METERS
Applicable to electric energy supplied for year-round use by various departments owned and operated by the City of Friend.
Effective February 1, 2009
Energy Charge, per kWh .06200
Note: this rate is subject to spontaneous adjustment as deemed necessary by the Light Commissioner in effort to keep this rate at a value equal to the calculated wholesale energy cost per kWh, plus 15% at all times. This adjustment is allowable within the context of this Ordinance.
- GENERAL TERMS AND CONDITIONS APPLICABLE SPECIFICALLY TO SPACE HEATING SERVICE
- All space heaters larger than 1650 watts shall be designed to operate at 240 volts.
- No individual thermostat or other switching device shall have a connected load in excess of 10 kilowatts unless such installation is specifically approved by the Light Commissioner or his authorized representative in writing and after a personal examination of the conditions in effect on customer’s premises.
- In case of permanently installed all electric equipment which is also used for both heating and cooling (heat pumps) electrical service will be provided for such equipment under the applicable space heating schedule of rates.
- GENERAL TERMS AND CONDITIONS APPLICABLE TO WATER HEATING SERVICES
The total of the heating elements of the electric water heater that may be operated at any one time shall not be in excess of 4500 watts and in no event more than 115 watts per gallon of tank capacity.
- GENERAL TERMS AND CONDITIONS APPLICABLE TO WINTER AND/OR SUMMER RATES
- The winter billing period shall be defined as and including the months of October, November, December, January, February, March, April ,and May.
- The summer billing period shall be defined as and including the months of June, July, August, and September.
All Ordinances of the City, in conflict with the terms hereof are repealed; that this Ordinance shall be in full force and effect and used for the computation of electric bills from and after publication according to law in the Friend Sentinel or in pamphlet form.
Councilman Schrock moved for final passage of Ordinance Number 09-706, which motion was seconded by Councilman Krause. On roll call voting aye, Krause, Schrock, Lawver. Voting nay, Drake. The passage and adoption of said ordinance, having been concurred and by a majority of all Members of the City Council, Ordinance Number 09-706 was adopted this 6th day of January, 2009.
Utilities Superintendent, Patrick Gates, presented to the Council for their approval, an article to be published in The Sentinel relating to proposed changes for electrical rates. Council approved.
Patrick Gates informed the Council that in mid-December John Palky submitted payment of $30,660 for the water project for his subdivision. This payment has been applied as reimbursement to the Water Department.
The ultraviolet disinfectant design plan Kirkham Michael prepared for the wastewater treatment facility has been submitted to the Nebraska Department of Environmental Quality for their review. Upon receiving comments and suggested revisions or changes from the NDEQ, this design will be finalized and the project will proceed.
Patrick Gates informed the Council that effective immediately he feels it is necessary to discontinue use of the red and white Dodge. Gates said this truck is no longer safe to operate and recommends that it not be repaired. Gates requested Council’s permission to seek prices on used 4-wheel drive trucks to replace this vehicle. After discussion, Council approved Gates to proceed.
Harlan Schrock asked Patrick Gates if he had plans to finish the concession building at the park by putting more bricks on the south side gable. Gates said the building is finished and it was not his intention to brick the gables, but rather side and paint them. The gables did not get painted yet, as the weather turned cold before this could be done. Gates said he is out of material but, at the Council’s direction, will put up additional bricks. This can be done when the new well house is constructed, as he plans to use the same bricks for this project as were used for the concession building. Or, although it would be more costly, Gates said he could try to special order additional bricks to get this done sooner. Council directed Gates to check on what it would cost to get more bricks to put on the south gable.
Police Chief, Mark McFarland, gave his report for December 2008. McFarland reported 27 total calls for service during the month. (Copy of this report is attached.) Council inquired about numerous properties and/or issues they feel need addressed. Problems discussed included properties with junk trailers and cars, unlicensed vehicles, and building permit violations.
Mark Stutzman, Building Inspector, informed the Council that he received a call from a real estate agent inquiring about the possibility of selling part of Zimmer’s property on 5th Street. Discussion was had relating to gaining access to the property, sewer line(s), potential building location on the property, etc. After discussing, Stutzman was directed to acquire additional information from the real estate agent relating to the possible intentions for this property.
Fire Chief, Brent Milton, had nothing to report.
Dan Drake reported on behalf of the Warren Memorial Hospital.
Discussion was had relating to the quitclaim deed conveying rights, title and interest in and to the party wall located at 124 Maple. Upon receiving appropriate signatures, Attorney Mullally will forward this to the county for recording.
Carey Potter and Marla Weber attended the meeting representing the Friend Chamber of Commerce and the Friend Historical Society. Carey Potter said they are applying for a grant through the Nebraska Division of Tourism for funding to get new banners for the downtown area. After discussion, Council indicated that they were very supportive of the Chamber and Historical Society’s efforts in revitalizing the downtown area and approved the use of the downtown light poles for mounting new banners that may be acquired with this potential funding.
Discussion was had relating to the regular date and time of the Friend City Council meetings. It was agreed to continue having the regular meetings on the first Tuesday of each month, at 7:00 p.m.
As per Council’s request for information on an updated version of the International Building Code, Debbie Gilmer reported that the 2009 International Building Code will be available in March. The cost for the IBC will be $109.25, and the Residential Building Code will be an additional $88.00.
No further business to come before the City Council, motion was made by Schrock, seconded by Krause to adjourn the meeting. On roll call voting aye, Drake, Lawver, Krause, Schrock. Meeting adjourned at 7:45 p.m.
