07/03/2007 Regular Meeting

FRIEND CITY COUNCIL

MINUTES-REGULAR MEETING

JULY 3, 2007

Mayor Vossler 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.

The Mayor, James Vossler, presided and City Clerk, Debbie Gilmer, recorded the proceedings.  The following Councilmembers were present:  Dale Lawver, Dan Drake, and Harlan Schrock.  Dan Fricke was absent.  A quorum being present and the meeting duly convened, the following proceedings were had and done.

As required by the Nebraska Open Meetings Act, Mayor Vossler 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. 

Virgil Nelsen, Chairman of the Andrew Cemetery Board, attended the meeting.  Mr. Nelsen told the Mayor and Council that he, the Cemetery Board members, and Cemetery Sexton Roger Hanneman, greatly appreciated the assistance they received from Patrick Gates, Tom Range, and Dave Domeier with the tree project that they recently completed at Andrew Cemetery.  Their time and efforts helped make this a successful project.  This tree planting project was made possible in part through a grant the Andrew Cemetery received through the University of Nebraska, Trees for Nebraska Towns program.  Mr. Nelsen said the trees were purchased from Paul Bulwan and Mr. Bulwan assisted in the planning of this project.

Bradley Drake attended the meeting to request that the Mayor and Council consider selling to him city-owned property north of 312 South Cherry Street.  Mayor and Council discussed this and had no objections.  Any necessary notice and paperwork involved in selling city-owned property will be prepared in accordance to the provisions and requirements of Nebraska law regarding the sale of publicly owned property.

Mayor Vossler announced that the next item on the agenda related to concerns that Shelley Brandt has regarding trailer houses on Third Street.  Norman Plouzak, owner of these trailer houses, attended the meeting to address these concerns.  Mr. Plouzak informed the Mayor and Council that it is his intentions to pursue purchasing this property from the current owner, remove the trailers, and to develop residences on this property.  Mr. Plouzak said he plans to have these trailer houses removed from this property by mid to late August.

Ray Rohrig, Vice President of the Friend Volunteer Fire Department, attended the meeting.  Mr. Rohrig stated that he wanted to publicly thank Councilman Dale Lawver for his contribution to this year’s Fourth of July fireworks display.  Mr. Rohrig said Mr. Lawver’s time, effort and hard work has been greatly appreciated.

Motioned by Schrock, seconded by Lawver, to approve the Minutes of the June 4, 2007 regular meeting, and the June 2007 Treasurer's Report as presented and file same.  On roll call voting aye to approve the Minutes of the June 4, 2007 regular meeting, and the June 2007 Treasurer's Report, Drake, Schrock, Lawver.  Nays none.  Fricke absent.  Motion carried.

Motion was made by Drake, seconded by Schrock, to approve the Warren Memorial Hospital financial reports for May 2007.  On roll call voting aye to approve the Warren Memorial Hospital financial reports for May 2007, Lawver, Schrock, Drake.  Nays none.  Fricke absent.  Motion carried.

A motion was made by Lawver, seconded by Schrock, 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, Drake, Lawver, Schrock.  Nays none.  Fricke absent.  Motion carried.

The claims approved were as follows:  June Payroll, 20,766.14; Ameritas, 1761.54; EFTPS, 7204.22; Acco, su. 241.80; Alltel Cellular, 508.71; Almquist, Maltzahn, Galloway & Luth, fe. 4062.50; Aquila, se. 125.37; BVH, su. 29.49; Baker & Taylor, su. 172.14; Barco Muni Products, su. 436.95; Beaver Hardware, su. 26.34; Blue Blossom, su. 473.99; Bonsall Pool & Spa, su. 539.55; Burlington Northern, fe. 772.50; Central States Lab., su. 19,140.37; LaRaine Cihak, re. 26.19; Crete Lumber, su. 1.97; Culligan, su. 43.00; Discover, su. 1543.27; Drake Collision, se. 138.00; Farmer’s Coop, su. 2424.11; Ed M. Feld Equip, su. 2787.00; Fireguard, su. 1400.00; Friend Girls Softball, re. 574.08; Galaxy Cable, se. 39.95; Gene’s Electric, se. 397.31; Heiman, Inc., su. 3660.62; Hometown Leasing, se. 50.83; Jack Keef, se. 28.52; Johnson Pharmacy, su. 58.98; Konica, fe. 73.05; Menards, su. 123.39; Chris Michl, se. 336.00; Midwest Labs, se. 110.00; Michael Mullally, fe. 447.00; NE Dept of Rev, SWH, 1058.01 & Sales & Use Tax, 3840.35; NE Public Power, 57,451.67; Norris Public Power, se. 4013.36; Office Cash, su. 130.96; Pioneer Publishing, fe. 119.35; Postmaster, fe. 175.00; Principal Mutual, fe. 4104.60; Public Safety Center, Inc., su. 168.69; Recreation Supply, su. 1980.02; Recreonics, su. 780.43; Ross Repair, se. 31.50; SCAT, fe. 3654.00; Marvin Slepicka, fe. 750.00; SENDD, fe. 1275.00; State of NE HHS, se. 352.00; Steve’s Repair, se. 335.62; Texaco, su. 265.70; The Garbage Co., se. 155.79; Wells Fargo, fe. 39,783.75; Windstream, se. 641.50; Wingate, fe. 130.00; Yokels, su. 56.04. Total Claims Approved $191,778.22.

Mayor Vossler informed the Council that he received a copy of correspondence from Ray Speer of Oak River Insurance Company.  The correspondence is a response to a claim recently submitted to the City by Jim Winter seeking compensation for labor, equipment and materials involved in the cleanup of his basement.  Mr. Winter was in attendance at the meeting and informed the Mayor and Council that it appears there is a location discrepancy.   The letter refers to the railroad’s right of way.  The area Mr. Winter feels is the cause for damage to his home is further north of the railroad’s right of way.  Patrick Gates, Utilities Superintendent, commented on this and said he agrees that the location Mr. Speer addressed in his letter is not the area Mr. Winter claims has the drainage problem.  Discussion was had and it was decided that Ray Speer needs to be contacted again to reevaluate this issue.  No action was taken at this time.

Mayor Vossler and Council requested at the May 2007 meeting that Patrick Gates provide information regarding water meters that are two inches or larger and report to them on the location of these meters and their usage.  Mr. Gates gathered this information and included it in a report that he submitted to them for their review.  (Copy of this report is attached.)  Mr. Gates reviewed this information with the Council.  After discussion, Mayor Vossler introduced and read by title proposed Ordinance No. 07-699.  Councilman Drake moved that the statutory rule requiring reading on three different days be suspended.  Councilman Schrock seconded the motion to suspend the rules and upon roll call, voting on the motion was as follows:  Members voting aye, Lawver, Drake, Schrock.  Members voting nay, none.  Absent, Fricke.  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. 07-699

AN ORDINANCE TO AMEND ORDINANCE NO. 04-670 TO SET WATER RATES, FEES, CHARGES AND COLLECTIONS FOR WATER SERVICES FROM AND IN THE CITY OF FRIEND, NEBRASKA;  REPEALING ANY PRIOR ORDINANCES IN CONFLICT THEREWITH, AND ORDERING THE PUBLICATION OF THE ORDINANCE IN PHAMPLET FORM TO PROVIDE FOR EFFECTIVE DATE.

BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF FRIEND, NEBRASKA:

SECTION I

That the rates, fees, charges and collections for the use of water be and hereby are those figures and terms set out in the schedule incorporated as Section II of this Ordinance, which schedule and terms shall be on file in the office of the Municipal Clerk for public inspection at any reasonable time.

SECTION II

A.        MINIMUM MONTHLY SERVICE CHARGE

All customers will be charged a minimum monthly service charge based on the size of the meter serving the facility or residence.  Customers with more than one meter will be charged the specified rate for each meter serving their facility or residence.

B.        1. WATER USE RATES

1. Water usage rates will be based per 1000 gallons of water used each month.  All customers will be charged water usage rates on and after the effective date as        shown in the following table.

2.         AVAILABILITY

1. To all Residential customers in the city limits of Friend in single family residences for all domestic use including drinking, cooking, washing and watering lawns and gardens.
2. To all Residential customers outside the city limits of Friend but adjacent to and connected to the water distribution mains for all domestic use including drinking, cooking, washing and watering lawns and gardens.
3. To all Commercial or Industrial customers in the city limits of Friend for all commercial uses including drinking, cooling and processing.
4. To all Commercial or Industrial customers outside the city limits of Friend but adjacent to and connected to the water distribution mains for all commercial uses including drinking, cooling and processing.
5. To Village of Cordova pumping station for all distribution needs as separately outlined within the water sale/purchase contract between Village of Cordova and City of Friend Water System.

3. METER READINGS; BILLING; DELINQUENCIES;TERMINATION

All meters of consumers shall be read by the Water Department personnel, on or about the fifteenth day of each month, during which the water is used. Meter readings shall be delivered to the City Clerk for processing and billing.  All bills for water service shall be due on the first day of the succeeding month and shall be payable at the City Hall or any such designated place as the Mayor and City Council direct by resolution.  If said bills are not paid on or before the fifteenth day of the current billing month, it shall be considered delinquent and will be processed in a manner specifically set forth regarding delinquent bills, penalties, collections, termination and resumption of services.  The Water Commissioner shall have the authority to declare any water bill due at any time and may when deemed necessary, request advance payments for any water service prior to usage.

4.         SPECIAL TERMS AND CONDITIONS

1. 1. Persons, firms, or corporations desiring to use water temporarily, shall pay such rates as the Water Commissioner shall fix.
   2. Multiple family dwellings of any type will be charged a monthly service charge as previously set forth in this Ordinance for each family or individual residing in the dwelling.  If water usage is not metered separately it is the responsibility of the dwellings owner to see that the usage is billed to the proper individuals.  The City will not be held responsible for dividing water usage amongst tenants in any circumstance.
   3. All customers shall allow access to water meters within a reasonable amount of time for maintenance and repair work.  Failure to accommodate this condition will result in termination and penalties.

5.         DISCRIMINATION

1. No water shall be furnished to any consumer under any other rate than that which is provided for in this Ordinance.

SECTION III

It is herby provided that this Ordinance shall take effect and new water rates and the monthly water service charge shall begin to apply from and after the meter reading dates established for July 2007, July 2008 and July 2009 respectively.  All Ordinances in conflict with the terms of this Ordinance are herby repealed.

SECTION IV

This Ordinance shall take effect as the effective date herein, and after passage and Publication in pamphlet form as provided by law.

After Mayor Vossler read proposed Ordinance No 07-699 by title, Councilman Schrock moved for final passage, which motion was seconded by Councilman Lawver.  The Mayor then stated the question ”Shall Ordinance No. 07-699 be passed and adopted?”  Upon roll call, the following Council members voted aye, Drake, Lawver, Schrock.  The following voted nay, none.  Fricke absent.  The passage and adoption of said ordinance having been concurred and by a majority of all Members of the City Council, the Mayor declared Ordinance No. 07-699 adopted.

Mayor Vossler introduced and read by title proposed Ordinance No. 07-700.  Councilman Lawver moved that the statutory rule requiring reading on three different days be suspended.  Councilman Schrock seconded the motion to suspend the rules and upon roll call, voting on the motion was as follows:  Members voting aye, Drake, Lawver, Schrock.  Members voting nay, none.  Fricke absent.  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. 07-700

AN ORDINANCE TO AMEND ORDINANCE NO. 00-25 (556) TO SET SEWER RATES, FEES, CHARGES AND COLLECTIONS FOR SEWER SERVICES FROM AND IN THE CITY OF FRIEND, NEBRASKA; REPEALING ANY PRIOR ORDINANCES IN CONFLICT THEIRWITH, AND ORDERING THE PUBLICATION OF THE ORDINANCE IN PAMPHLET FORM TO PROVIDE FOR EFFECTIVE DATE.

BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF FRIEND,

NEBRASKA:

SECTION I

That the rates, fees, charges and collections for the use of the sanitary sewer system be and hereby are those figures and terms set out in the schedule incorporated as Section IV of this Ordinance, which schedule and terms shall be on file in the office of the Municipal Clerk for public inspection at any reasonable time.

SECTION II

A.        RESIDENTIAL AND COMMERCIAL SEWER RATES

1.        Availability

Whereas, the City of Friend, Nebraska has constructed a wastewater treatment works; and whereas, the City must pay all expenses associated with said treatment works and charge the users of said treatment works accordingly; therefore, the following user charge system is established:

It is determined and declared to be necessary and conductive to the protection of the public health, safety, welfare and convenience of the City to collect charges from all users who contribute wastewater to the City’s treatment works. The proceeds of such charges so derived will be used for the purpose of operating, maintaining and retiring the debt for such public wastewater treatment works.

2.        Terms

a.         “BOD” (denoting Biochemical Oxygen Demand) shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at 20° C, expressed in milligrams per liter (mg/l).

b.        “Normal Domestic Wastewater” shall mean wastewater that has a BOD concentration of not more than 230 mg/l, a suspended solids concentration of not more than 260 mg/l, and ammonia-nitrogen concentration of not more than 25 mg/l.

c.         “Operation and Maintenance” shall mean all expenditures during the useful life of the treatment works for materials, labor, utilities, and other items which are necessary for managing and maintaining the sewage works to achieve the capacity and performance for which such works were designed and constructed.

d.        “Replacement” shall mean expenditures for obtaining and installing equipment, accessories, or appurtenances which are necessary during the useful life of the treatment works to maintain the capacity and performance of which such works were designed and constructed. The term “operation and maintenance” includes replacement.

e.         “Residential Contributor” shall mean any contributor to the City’s treatment works whose lot, parcel of real estate, or building is used for domestic dwelling purposes only.

f.         “Shall” is mandatory; “May” is permissive.

g.        “SS” (denoting Suspended Solids) shall mean solids that either float on the surface of or are in suspension in water, sewage or other liquids and which are removable by laboratory filtering.

h.        “Treatment Works” shall mean any devices and system for the storage, treatment, recycling, and reclamation of municipal sewage, domestic sewage, or liquid industrial wastes. These include intercepting sewers, outfall sewers, sewage collection systems, individual systems pumping, power and other equipment and their appurtenances; extensions improvement, remodeling, additions and alterations thereof; elements essential to provide a reliable recycled supply such as standby treatment units and clear well facilities; and any works, including site acquisition of the land that will be an integral part of the treatment process or is used for ultimate disposal of residues resulting from such treatment (including land for composting sludge, temporary storage of such compost, and land used for the storage of treated wastewater in land treatment systems before land application); or any other method or system for preventing abating, reducing, storing, treating, separating, or disposing of municipal waste or industrial waste.

i.         “Useful Life” shall mean the estimated period during which a treatment works will be operated.

j.         “User Charge” shall mean that portion of the total wastewater service charge which is levied in a proportional and adequate manner for the cost of operation, maintenance, and replacement of the wastewater treatment works.

k.        “Water Meter” shall mean a water volume measuring and recording device, furnished and/or installed by a user and approved by the City of Friend.

3.         User Charge

The user charge system shall generate adequate annual revenues equal to 1.1 times the cost of annual operation and maintenance including replacement and costs associated with debt retirement of bonded capital associated with financing the treatment works which the City may designate to be paid by the user charge system.

4.          Character of Service

Each user shall pay for the services provided by the City based on his use of the treatment works as determined by water meter(s) acceptable to the City.

5.          Minimum Bill

All customers will be charged a minimum monthly service charge based on the size of the water meter serving the facility or residence. Customers with more than one meter will be charged the specified rate for each meter serving their facility or residence.

6.         Rate Schedule

For residential customers, sewer use rates will be based on the customer’s average water consumption as reported on the utility billings mailed on January 1^st, February 1^st and March 1^st of the preceding calendar year. This average usage calculation will be used for the entire year (12 mos). If the customer has not established a January, February, March average the monthly charge will be set by the Wastewater Commissioner.  The method used for setting such usage rates will be documented and on file with the City Clerk..

For industrial and commercial contributors, sewer use rates will be based on the customer’s average water consumption as reported on the utility billings mailed on January 1^st, February 1^st and March 1^st of the preceding calendar year. This average usage calculation will be used for the entire year (12 mos). If the customer has not established a January, February, March average the monthly charge will be set by the Wastewater Commissioner.  The method used for setting such usage rates will be determined on a case by case basis dependant on the intended use and expected waste production.

7.         Special Conditions

a.         Industrial contributors who may contribute wastewater of greater concentration than normal domestic sewage shall be metered at a sampling manhole which shall be installed and maintained at the contributor’s expense.

Billing shall be as follows:

b.         Any user which discharges any toxic pollutants which cause an increase in the cost of managing the effluent or the sludge from the City’s treatment works, or any user which discharges any substance which singly or by interaction with other substances causes identifiable increases in the cost of operation, maintenance or replacement of the treatment works, shall pay for such increased costs. The charge to each such user shall be determined by the responsible plant operating personnel and approved by the City Council.

c.         The user charge rates established in this article apply to all users, regardless of their location, of the City’s treatment works.

8.         Terms of Payment

All bills rendered are net, due and payable on receipt, and delinquent if not paid by the fifteenth (15^th) of the month following the month for which the bill is rendered. Delinquent accounts are subject to collection fees and procedures as set forth in the service disconnect resolution filed with the City Clerk.

9.        User Charge Review

The City will review the user charge system at every two years, and revise user charge rates as necessary to ensure that the system generates adequate revenues to pay the costs of operation and maintenance including replacement and that the system continues to provide for the proportional distribution of operation and maintenance including replacement costs among users and user classes.

SECTION III

That the original Ordinance No. 00-25 (556) and any other ordinances or sections passed and approved prior to passage, approval and publication or posting of this ordinance in conflict with the provisions herewith are hereby repealed.

SECTION IV

This ordinance shall be in full force from and after its passage, approval, and publication. This ordinance shall be published in pamphlet form and take effect as provided by law.

Passed and approved this 3^rd day of July, 2007.  New sewer rates will be calculated based on average water use as billed January 1st, February 1st, and March 1^st 2007 as determined by the utility billing system.  These newly calculated values will become effective and will be reflected on the August 1^st, 2007 utility billing.  Rate increases for 2008 and 2009 as set forth herein shall take effect on August 1^st each year respectively.

After Mayor Vossler read proposed Ordinance No. 07-700 by title, Councilman Drake moved for final passage, which motion was seconded by Councilman Lawver.  The Mayor then stated the question ”Shall Ordinance No. 07-700 be passed and adopted?”  Upon roll call, the following Council members voted aye, Schrock, Drake, Lawver.  The following voted nay, none.  Fricke absent.  The passage and adoption of said Ordinance having been concurred and by a majority of all Members of the City Council, the Mayor declared Ordinance No. 07-700 adopted.

Mike Moore attended the meeting on behalf of the Friend Public High School Softball Team to discuss their use of the ballfield and fees for use.  The team wishes to use the field for games as well as practices from August 13^th through approximately the second week in October.  Patrick Gates calculated the amount of additional time that will be required to maintain the field.  The estimated additional man-hours necessary for upkeep to the ballfield will be approximately 2 hours per week (13 weeks) at $15 per hour, for a total of $390.  (This was calculated excluding the first two weeks in October.)  In addition, the use of equipment, material for the field, use of lights, electricity for concessions, and an allotment for any additional time necessary to work the field, calculates to approximately $360, for a total of $750.  Discussion was had and it was agreed that a contract needs to be in place between the City of Friend and Friend Public School to include (but not limited to) an agreement of the school’s liability in case of any damage to property, to the facilities, or if any injury should occur.  As per Council’s direction, this contract will be prepared by Patrick Gates and will be on the agenda for consideration at the August 7, 2007 meeting.

Lisa Wells, representing the girls and boys summer ball programs, attended the meeting.  Lisa discussed with the Mayor and Council the need for more improvements to the ballfield.  Lisa said one major project for the near future will be digging up the dirt and rocks and redoing the field.  Lisa said it is her understanding that this project will cost a minimum of $20,000.  Lisa said discussion has been had by some members of the boys and girls summer ball programs and all agree that if the school softball team is going to be utilizing the field they should be expected to contribute to the cost of any future improvement projects to the ballfield and/or facilities.  Discussion was had, Mayor Vossler and Council agreed.  No action was taken at this time.

Utilities Superintendent, Patrick Gates, gave his utility report.  He discussed the receipt of correspondence from Oak River Insurance Company, of Notice of Cancellation or Nonrenewal due to noncompliance with loss control recommendations.  The Notice of Cancellation or Nonrenewal due to noncompliance with loss control recommendations, and a reply from Patrick Gates to Miller-Monroe-Farrell addressing these recommendations apparently crossed in the mail, as Joe Miller from Miller-Monroe-Farrell contacted City Hall prior to receipt of this notice advising to disregard the notice upon receipt.  Discussion was had and Council recommended that Debbie Gilmer submit requests for bids for consideration and comparison on the city-wide insurance package that is up for renewal September 1, 2007.

Police Chief, Mark McFarland gave the Police Report for the month of June 2007.   (Copy of this report is attached.) 

Building Inspector, Mark Stutzman attended the meeting.  Mr. Stutzman had nothing to report at this time.

Stanley Krause, 2nd Assistant Chief for the Friend Volunteer Fire Department, reported that the Fire Department has been busy getting ready for activities to be held on the Fourth.  Some of these activities include the fire works display, a fishing tournament and water fights.

Nothing reported from the Hospital.

Renewal for membership to the Southeast Nebraska Development District for July 1, 2007 through June 30, 2008 was discussed.  Motion to renew this membership was made by Drake, seconded by Lawver.  On roll call voting aye, Schrock, Drake, Lawver.  Nays none.  Fricke absent.  Motion carried.

Discussion was had regarding the upcoming budget for fiscal year 2007-2008, and the annual audit of the City of Friend.  Mayor Vossler and Council directed Debbie Gilmer to submit requests for bids from the accounting firm the City has utilized for the 2006-2007 budget and audit (Almquist, Maltzahn, Galloway & Luth), and Romans, Wiemer & Associates from York,  for the assistance of the 2007-2008 budget and the annual audit for the City of Friend.

Mayor Vossler informed the Council that he was recently contacted by the county regarding personal property taxes that are delinquent on the former bowling alley, Friendly Lanes.  Mayor Vossler said he called Attorney Tad Eickman regarding this issue and is awaiting his response.

In an effort to protect the reputation of an individual, a motion to enter into executive session for discussion was made at 8:15 p.m. by Drake, seconded by Schrock.  On roll call voting aye, Lawver, Drake, Schrock.  Nays none.  Fricke absent.  Motion carried.

Motion to return to regular session was made by Drake, seconded by Lawver.  On roll call voting aye, Schrock, Drake, Lawver.  Nays none.  Fricke absent.  Motion carried.  Regular session reconvened at 8:35 p.m.

Motion to approve recommendations of the Friend Industrial Development Corporation regarding Rogers Technical Services (RTS) was made by Schrock, seconded by Lawver.  On roll call voting aye, Drake, Schrock, Lawver.  Nays none.  Fricke absent.  Motion carried.

With no further business to come before the Council, motion to adjourn the meeting was made by Schrock, seconded by Drake.  On roll call voting aye, Lawver, Schrock, Drake.  Nays none.  Fricke absent.  Meeting adjourned at 8:37 p.m.