09/14/2006 Special Meeting
FRIEND CITY COUNCIL
MINUTES-SPECIAL MEETING
SEPTEMBER 14, 2006
Mayor Horner called the special meeting of the City Council to order at 5:30 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, Roger Horner, presided and City Clerk, Debbie Gilmer, recorded the proceedings. The following Councilmembers were present: Dan Fricke, Gary Tuttle, Dustin Weber and Harlan Schrock. 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 Horner 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.
Mayor Horner announced that proposed Ordinance No. 06-693 was removed from tonight’s agenda as it was written incorrectly. Mayor Horner said the proposed ordinance was requested as a result of a state statute and will be rewritten for consideration at a later date. Mayor Horner said he would like the Friend City Council and the Warren Memorial Hospital Board to meet and discuss this, as well as budget, financial, and other issues. Mayor Horner said it is important that the rumors stop and that any of these issues in question be cleared up so the people of Friend can join together as a community. He stated that this meeting will be an open meeting and the public will be notified by posted meeting notices.
Fricke made a motion, seconded by Weber, to approve an additional 1% budget increase in the Total 2005-2006 Funds Subject to Limitation. On roll call voting aye, Schrock, Tuttle, Weber, Fricke. Nays none. Motion carried.
Mayor Horner told the Council and attendees of the meeting that the budget submitted to the auditors for compilation is a balanced budget. Mayor Horner commended all individuals involved in the budget process for contributing to this.
Motion was made by Fricke, seconded by Tuttle, to open the public hearing at 5:33 p.m. to receive comments relating to the proposed budget document as published for 2006-2007 and to open the public hearing to receive comments relating to the property tax request for 2006-2007. On roll call voting aye to open the public hearing, Weber, Schrock, Tuttle, Fricke. Nays none. Motion carried.
Tim Keelan from Hanna:Keelan Associates and Terry Meier from SENDD (Southeast Nebraska Development District) attended the meeting. Mr. Keelan provided the Council with copies of a Blight/Substandard Determination Study & General Redevelopment Plan that Hanna:Keelan Associates prepared for Friend. Mr. Keelan gave a brief overview of the study. (A copy of this Blight/Substandard Determination Study & General Redevelopment Plan is available for review at City Hall.) Mr. Keelan said this plan should be reviewed by the Community Redevelopment Authority that was appointed by Mayor Horner, then forwarded onto the Planning Commission for their consideration. The Planning Commission is required by state statute to review this study before submitting their recommendation to the City Council. The City Council, if they chose to do so, shall at that time make a recommendation to declare the area described in this study blighted and substandard. What this would allow property owners in that area to do is use TIF (Tax Increment Financing), for improvement, development or redevelopment projects. Mr. Keelan said he will forward additional copies of this study to Debbie Gilmer for distribution to the Planning Commission and contact Debbie Gilmer to make arrangements for the Community Redevelopment Authority to meet to begin this process.
Motion was made by Tuttle, seconded by Schrock, to close the public hearing at 5:55 p.m. to receive comments relating to the proposed budget document as published for 2006-2007 and to close the public hearing to receive comments relating to the property tax request for 2006-2007. On roll call voting aye to close the public hearing, Weber, Schrock, Tuttle, Fricke. Nays none. Motion carried.
Councilman Tuttle moved that the statutory rule requiring that ordinances be read by title on three different days be dispensed with so that Ordinance No. 06-692 might be introduced, read by title and then moved for final passage on the same day, without the same being read in full, which motion was seconded by Councilmember Fricke. On roll call voting aye, Weber, Schrock, Fricke, Tuttle. Nays none. Motion to suspend the statutory rule, having been agreed upon by at least three-fourths of the Councilmembers present and acting, was by the Mayor declared passed and adopted.
Proposed Ordinance No. 06-692 was read by title by Debbie Gilmer.
ORDINANCE NO. 06-692
AN ORDINANCE TO ADOPT THE BUDGET STATEMENT TO BE TERMED THE ANNUAL APPROPRIATION BILL; TO APPROPRIATE SUMS FOR NECESSARY EXPENSES AND LIABILITIES; TO PROVIDE FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
Section 1.
That after complying with all procedures required by law, the budget presented and set forth in the budget statement is hereby approved as the Annual Appropriation Bill for the fiscal year beginning October 1, 2006 through September 30, 2007. All sums of money contained in the budget statement are hereby appropriated for the necessary expenses and liabilities of the City of
Section 2.
This ordinance shall take effect and be in full force from and after its passage, approval, and publication or posting as required by law.
Following the reading of the title of said ordinance, Councilmember Tuttle then moved that said ordinance be passed, which motion was seconded by Councilmember Fricke. The Mayor then stated, “The question is, shall Ordinance No. 06-692 be passed and adopted?” On roll call voting aye, Weber, Fricke, Tuttle, Schrock. Nays none. Motion carried.
Mayor Horner introduced the following resolution, which was read by Debbie Gilmer.
RESOLUTION NO. 06-11
WHEREAS, Nebraska Revised Statute 77-1601.02 provides that the property tax request for the prior year shall be the property tax request for the current year for purposes of the levy set by the County Board of Equalization unless the Governing Body of the City of Friend passes by a majority vote a resolution or ordinance setting the tax request at a different amount; and
WHEREAS, a special public hearing was held as required by law to hear and consider comments concerning the property tax request; and
WHEREAS, it is in the best interests of the City of
NOW, THEREFORE, the Governing Body of the City of
1. The 2006-2007 property tax request be set at $350,991.00.
2. A copy of this resolution be certified and forwarded to the
Councilmember Fricke made a motion to adopt Resolution No. 06-11. Motion was seconded by Councilmember Tuttle. On roll call voting aye to adopt Resolution No. 06-11, Schrock, Tuttle, Weber, Fricke. Nays none. Motion carried.
Ordinance No. 06-694 was introduced by Mayor Horner. Discussion was had regarding this ordinance. It was stated that this ordinance reflects an overall increase of 5.6% above the current electrical rates. This increase is proposed to cover costs of increases in electrical rates that the City has incurred.
Councilman Schrock moved that the statutory rule requiring that ordinances be read by title on three different days be dispensed with so that Ordinance No. 06-694 might be introduced, read by title and then moved for final passage on the same day, without the same being read in full, which motion was seconded by Councilmember Weber. On roll call voting aye, Tuttle, Fricke, Schrock, Weber. Nays none. Motion to suspend the statutory rule, having been agreed upon by at least three-fourths of the Councilmembers present and acting, was by the Mayor declared passed and adopted.
Proposed Ordinance No. 06-694 was read by title by Debbie Gilmer.
ORDINANCE NO. 06-694
AN ORDINANCE OF THE CITY OF FRIEND ESTABLISHING ELECTRICAL RATES AND CHARGES FOR ELECTRICAL SERVICE FOR CUSTOMERS OF THE CITY OF FRIEND ELECTRIC SERVICE; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
Section 1: Pursuant to Section 3-308 of the Friend Municipal Code, the following rates and charges are hereby established for the sale of electrical energy by the City to consumers for private and public purposes within the City beginning with the October, 2006 billing.
- RATE # 1 RESIDENTIAL
APPLICABLE TO ELECTRIC ENERGY SUPPLIED FOR PRIVATE DWELLINGS, LIGHTING, REFRIGERATION, ELECTRICAL APPLIANCES OF ALL KINDS, MOTORS OF ONE HORSEPOWER RATED CAPACITY OR LESS, AND CERTAIN RANGES AND HEATERS NOT HEREINAFTER SPECIFICALLY ENUMERATED UNDER ANY OTHER RESIDENTIAL RATE.
|
Effective |
|
October 1, 2006 |
|
|
|
Customer Charge |
|
$9.50 |
plus |
|
|
Summer |
|
|
|
|
|
|
All Energy, per kWh |
|
.08700 |
|
|
Winter |
|
|
|
|
|
|
First 750 kWh, per kWh |
|
.07500 |
|
|
|
Excess, per kWh |
|
.05500 |
|
B. RATE # 2 RESIDENTIAL SPACE HEATER
APPLICABLE TO ELECTRIC ENERGY SUPPLIED FOR PRIVATE DWELLINGS WITH AT LEAST 3 KW OF PERMANENTLY CONNECTED HOUSE HEAT.
|
Effective |
|
October 1, 2006 |
|
|
|
Customer Charge |
|
$9.50 |
plus |
|
|
Space Heater Credit |
|
($2.00) |
plus |
|
|
Summer |
|
|
|
|
|
|
All Energy, per kWh |
|
.08700 |
|
|
Winter |
|
|
|
|
|
|
First 750 kWh, per kWh |
|
.07500 |
|
|
|
Excess, per kWh |
|
.05500 |
|
- RATE # 3 RESIDENTIAL WATER HEATER
APPLICABLE TO ELECTRIC ENERGY SUPPLIED FOR PRIVATE DWELLINGS WITH PERMANENTLY INSTALLED ELECTRIC WATER HEATERS.
|
Effective |
|
October 1, 2006 |
|
|
|
Customer Charge |
|
$9.50 |
plus |
|
|
Water Heater Credit |
|
($3.00) |
plus |
|
|
Summer |
|
|
|
|
|
|
All Energy, per kWh |
|
.08700 |
|
|
Winter |
|
|
|
|
|
|
First 750 kWh, per kWh |
|
.07500 |
|
|
|
Excess, per kWh |
|
.05500 |
|
- 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 |
|
October 1, 2006 |
|
|
|
Customer Charge |
|
$9.50 |
plus |
|
|
All Electric Credit |
|
($6.50) |
plus |
|
|
Summer |
|
|
|
|
|
|
All Energy, per kWh |
|
.08700 |
|
|
Winter |
|
|
|
|
|
|
First 750 kWh, per kWh |
|
.07500 |
|
|
|
Excess, per kWh |
|
.05500 |
|
- 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 |
|
October 1, 2006 |
|
|
|
Customer Charge |
|
$16.00 |
plus |
|
|
Summer |
|
|
|
|
|
|
First 3,000 kWh, per kWh |
|
.09300 |
|
|
|
Excess, per kWh |
|
.07600 |
|
|
Winter |
|
|
|
|
|
|
First 1,000 kWh, per kWh |
|
.09300 |
|
|
|
Excess, per kWh |
|
.06200 |
|
MINIMUM BILL: APPLICABLE TO CUSTOMERS CONNECTED TO OR REQUIRING ELECTRIC ENERGY TO BE SUPPLIED TO VARIOUS MOTOR LOADS AND OTHER POWER EQUIPMENT IN EXCESS OF 25 HORSEPOWER. THE MINIMUM MONTHLY CHARGE SHALL BE 50 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 HP.
- RATE # 6 COMMERCIAL SPACE HEATER
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 |
|
October 1, 2006 |
|
|
|
Customer Charge |
|
$16.00 |
plus |
|
|
Summer |
|
|
|
|
|
|
First 1,000 kWh, per kWh |
|
.09300 |
|
|
|
Next 2,000 kWh, per kWh |
|
.09300 |
|
|
|
Excess, per kWh |
|
.05200 |
|
|
Winter |
|
|
|
|
|
|
First 1,000 kWh, per kWh |
|
.05200 |
|
|
|
Excess, per kWh |
|
.03000 |
|
- RATE # 7 INDUSTRIAL
APPLICABLE TO ELECTRIC ENERGY SUPPLIED FOR A NON-RESIDENTIAL CUSTOMER WHOSE DEMAND EXCEEDS 50 KW AND CONSUMPTION EXCEEDS 15,000 KWH IN ONE BILLING PERIOD DURING THE PREVIOUS TWELVE MONTHS.
|
Effective |
|
October 1, 2006 |
|
|
|
Customer Charge |
|
$75.00 |
plus |
|
|
Summer |
|
|
|
|
|
|
Demand Charge, per kW |
|
$14.00 |
|
|
|
All Energy, per kWh |
|
.03600 |
|
|
Winter |
|
|
|
|
|
|
Demand Charge, per kW |
|
$9.00 |
|
|
|
All Energy, per kWh |
|
.03400 |
|
|
Excess kVars, per kVar |
|
$2.50 |
|
|
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
- RATE # 8 OFF-PEAK IRRIGATION
APPLICABLE TO ELECTRIC ENERGY SUPPLIED FOR YEAR-ROUND IRRIGATION SERVICE TO CUSTOMERS WHO WILL CONTRACT FOR FIVE HORSPOWER (5 HP) OR MORE WHEN ALL ENERGY IS SUPPLIED THROUGH A SINGLE METER AND IS ONLY USED DURING OFF-PEAK SERVICE HOURS.
|
Effective |
|
|
October 1, 2006 |
|
Horsepower Charge |
|
|
|
|
Per horsepower connected per year Payable with the first billing after May 1st of each year |
|
$16.00 |
|
|
Energy Charge, per kWh |
|
|
.06200 |
NOTE: ALL CUSTOMERS COMING INTO CONTRACT WITH THE CITY OF
- RATE # 9 CITY METERS
APPLICABLE TO ELECTRIC ENERGY SUPPLIED FOR YEAR-ROUND USE BY VARIOUS DEPARTMENTS OPERATED BY THE CITY OF
|
Effective |
|
|
October 1, 2006 |
|
Energy Charge, per kWh |
|
|
.05400 |
NOTE: THIS RATE WILL BE ADJUSTED EFFECTIVE ON THE FIFTEENTH DAY OF JANUARY FOR EACH FOLLOWING YEAR TO BE NOT LESS THAN THE WHOLESALE COSTS WHICH ARE INCURRED BY THE CITY OF FRIEND LIGHT DEPARTMENT.
J. GENERAL TERMS AND CONDITIONS APPLICABLE SPECIFICALLY TO SPACE HEATING SERVICE
- ALL SPACE HEATERS LARGER THAN 1650 WATTS SHALL BE DESIGNED TO OPERATE AT 24O 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 CITY ELECTRICIAL OR LIGHT COMMISSIONER IN WRITING AFTER PERSONAL EXAMINATION OF THE CONDITIONS IN EFFECT ON CUSTOMER’S PREMSISES.
- 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.
K. 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
L. GENERAL TERMS AND CONDITIONS APPLICABLE TO WINTER AND/OR SUMMER RATES
- THE WINTER BILLING PERIOD SHALL BE DEFINED AS AND INCLUDING THE MONTHS 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.
Following the reading of the title of said ordinance, Councilmember Weber then moved that said ordinance be passed, which motion was seconded by Councilmember Schrock. The Mayor then stated, “The question is, shall Ordinance No. 06-694 be passed and adopted?” On roll call voting aye, Fricke, Tuttle, Schrock, Weber. Nays none. Motion carried.
Discussion was had regarding transferring $80,000 from the CDBG Fund to the General Fund to cover costs incurred as a result of the
Discussion was had regarding the final bill from Leichty Excavating for the
With no further business to come before the Council, motion to adjourn the meeting was made by Schrock, seconded by Weber. On roll call voting aye, Fricke, Schrock, Tuttle, Weber. Nays none. Meeting adjourned at 6:10 p.m.