Approved minutes of 12/1/08 Regular Comm. meeting

MONDAY

DECEMBER 01, 2008

The Governing Body of the City of Pratt met in Regular session in the Commission Room located in City Hall.

PRESENT: Eric Nystrom Mayor
Glenna Borho Commissioner
Jeff Taylor Commissioner
Bill Hlavachick Commissioner
Willy Peltier Commissioner

ALSO PRESENT: Dave Howard City Manager
LuAnn Kramer City Clerk
Ken Van Blaricum City Attorney
Diana Garten Finance Director
Russ Rambat Public Works Director
Steve Holmes Chief of Police
Kelly Hemphill Dir. of Electric Utilities
Bruce Pinkall Recreation Director

CALL TO ORDER:

Mayor Nystrom called the regular session to order. The Mayor instructed the Clerk to note that all Commissioners were present.

MINUTES:

A motion by Commissioner Hlavachick to approve the minutes of the November 17, 2008 regular Commission meeting. The motion was seconded by Commissioner Taylor and passed unanimously.

OPEN AGENDA:

No one in the audience wished to address the Commission.

BUSINESS:

CONSIDERATION OF APPOINTMENTS TO A PROPOSED AIRPORT ZONING COMMISSION AND PROPOSED AIRSPACE ORDINANCE:

Mayor Nystrom informed the Commission, staff and audience that the agenda was being amended and the airport issue would be first on the agenda and the recycling issue would follow.

Mr. Reid Bell, Airport Manager, addressed the Commission on their consideration of an Airport Zoning Commission that would have an affect on the future of the airport. Mr. Bell stated that he was asking the Commission to officially develop an Airport Zoning Commission and that they would be involved in reviewing the ordinance, making necessary changes and holding a public hearing. Mr. Bell commented that the Zoning Commission would bring the proposal back to the Commission for their approval. Mayor Nystrom questioned if Mr. Bell would be the chairman of this commission. Mr. Bell stated that he probably should and that permitting would come out of the airport office. Commissioner Borho questioned what the smallest designation of an airport was. Mr. Bell stated that for a county airport, you are classified as business, regional or commercial. Mayor Borho questioned the height restrictions and if the grain elevators in Wichita were within their restriction area since they were a commercial airport. Mr. Bell stated that the elevators were not in their approach. Mayor Borho asked why we had to be restrictive and Wichita did not. Mr. Bell commented that Wichita has precision instrument approach on all runways. Commissioner Borho questioned what you could land that needs precision instruments. Mr. Bell stated that you could land small regional jets. Commissioner Borho asked if Ted Turner could still land no matter what goes in that area. Mr. Bell commented that if you are not protecting the 50 to 1 approach, they would shut the door to anyone that would require it. Commissioner Taylor asked if this was just north and south. Mr. Bell commented that it was. Commissioner Peltier questioned east and west approaches. Mr. Bell stated that it was 14,000 feet all the way around. Commissioner Peltier commented that that was six miles across. Mr. Bell stated that was by FAA standards. Commissioner Borho questioned what was needed to become a commercial airport. Mr. Bell stated that we would need the standard zone of 10,000 feet that we have now plus an additional 4,000 feet on any point of the runway. Mr. Bell added that to protect to the ultimate, it would be 50,000 feet off the ends. Commissioner Peltier commented that that would be ten miles each way. City Manager Dave Howard added that this also goes out and not just up. Mayor Nystrom asked if the Parrish Hotel would be an issue today. Mr. Bell answered that it would not be. Mr. Howard asked about the grain towers in Iuka. Mr. Bell stated that they would not be a problem either. Commissioner Peltier questioned how far out something would have to be. Mr. Bell stated it would be four and a half miles from the end of the runway. Commissioner Peltier questioned if you could instrument land now. Mr. Bell stated that you could, but not commercial traffic. Mr. Bell added that if we lose the approaches all weather service is gone and an air ambulance could not land unless it was a good day.

Mayor Nystrom asked who Mr. Bell would like to have on the Airport Zoning Commission. Mr. Bell stated that the Zoning Commission had been considered. Commissioner Taylor asked if they had been talked to about this. Mr. Howard commented that he had talked to them about someone being on that board, but he felt that someone from Iuka and the County should also be considered. Mr. Howard clarified that, since this involves zoning, you should have someone from those areas on the committee. Mayor Nystrom asked what direction Mr. Bell should be heading. Mr. Howard stated that they need to start out with the approval of the board being formed. City Attorney Ken Van Blaricum commented that in the aircraft and airfield zoning regulations, the state statute states that political subdivision means those authorized by the laws of this state to acquire, operate, maintain or regulate an airport or airports, acting singly or jointly, and also means those within or partly within 50,000 feet of a military airfield control tower. Mr. Van Blaricum added that the political subdivision shall not appoint zoning regulations until a final report is received and that the number of members of the Airport Zoning Commission was up to the City Commission.

A motion by Commissioner Hlavachick to appoint an Airport Zoning Commission to study issues at hand. The motion was seconded by Commissioner Peltier. Mayor Nystrom asked if this board was under the City Commission’s authority. Mr. Howard stated that their report comes to the Commission for approval. Mayor Nystrom clarified that the Airport Zoning Commission comes up with recommendations to bring to us. Mr. Van Blaricum clarified that this would just be on zoning questions. Mr. Bell commented that the unsaid concern was with the public and he was not trying to restrict construction, but he does not want them to penetrate the airspace.

Commissioner Borho commented that she felt a five member board would be appropriate. Commissioner Hlavachick suggested seven that would include a representative from the farm group. Mr. Bell agreed that seven would be reasonable. The Commission suggested that the City Planning and Zoning Commission, the Airport Authority and a representative from the ED Board along with a person at large should make up the Airport Zoning Commission. Commissioner Hlavachick amended his original motion to include a seven person board. Commissioner Peltier again seconded the motion and it passed unanimously. Mayor Nystrom informed Mr. Bell that he should go out and get these people to serve on the board and then report back to the Commission. Mr. Howard added that he would bring this up at the next Planning and Zoning meeting and that he would work with Mr. Bell to get the board together.

PRESENTATION AND DISCUSSION ON RECYCLING PROGRAM:

Mr. Marvin Nisly thanked the Commission for taking time for the presentation and that he understood that the trash service in the City can only be done by the City, but he was offering a recycling service. Mr. Nisly provided a power point presentation that informed the Commission that his family had owned the trash hauling service since 1956. Mr. Nisly stated that his company offers residential, commercial and blue bag recycling and more recently had started a portable toilet service. Mr. Nisly stated that they have good equipment, careful employees, cameras on their trucks, liability insurance and that quality service was their commitment.

Mr. Nisly stated that the recycling service requires the customer to have another container for mixed paper and cardboard and that recycling was the right thing to do. Mr. Nisly commented that as a City, the idea was to divert items that can be recycled from the landfill. Mr. Howard commented that our savings would be on the cost since it is based on tonnage, but we would not save on man power or fuel and the City was not prepared to offer this service since it was hard to keep that department staffed now. Commissioner Peltier asked if we make money on our service. Mr. Howard stated that we always break even and can cover expenses such as new trucks, new carts and employees. Commissioner Peltier questioned if we had looked into subbing it all out. Commissioner Borho explained. Commissioner Peltier asked if Nisly’s could leave the County with trash. Mr. Howard stated that this would be recyclable material. Commissioner Taylor commented that the County might start charging more for less tons. Mr. Howard stated that he had not visited with the County about this yet.

Commissioner Peltier questioned what was going to be recycled. Mr. Nisly stated that residential services would be for paper and cardboard, but he was looking at commercial now. Commissioner Borho commented that as a former retailer, she knows how hard boxes and things are to get rid of. Mr. Howard stated that they can expand beyond commercial and that it could hurt our trash service in one sense, but it would have to be evaluated later. Mr. Nisly commented that they run back from Pratt empty, so they are also talking to Turon, Cunningham, Fairfield and Preston. Mr. Nisly stated that the issue of losing revenue was a valid issue that the City has to look at. Mr. Howard stated that there would be certain times of the year that would be beneficial, such as compost time, and that employee costs could be diverted somewhere else.

Mayor Nystrom commented that this was the right thing to do and that it was tough to store it and then find the time to take it to the Recycling Center. Mr. Nisly commented that the City would not see a huge drop in volume, but the question was how important recycling was to the community. Commissioner Taylor suggested that the City visit with the County and see what would happen to their rates.

Commissioner Taylor questioned if cardboard was selling well now. Mr. Nisly stated that nothing was selling well. Commissioner Borho stated that she was in agreement to let Mr. Nisly visit with staff. Commissioner Borho added that the County Commission has the authority to decide where trash goes. Mr. Howard stated that he would get with the County and visit with them about the recycling program.

CONSIDERATION AND APPROVAL OF APPOINTMENTS TO THE TOURISM COMMITTEE AND ED BOARD (3 YEAR TERMS):

Chamber Director Brian Hoffman stated that he had a few recommendations for Tourism and ED Boards. Mr. Hoffman stated that Kevin Hamm was willing to serve an additional term on the ED Board. A motion by Commissioner Borho to appoint Kevin Hamm to a second term on the ED Board. The motion was seconded by Commissioner Taylor and carried unanimously

Mr. Hoffman stated that Mike Cox and Lisa Perez Miller were willing to continue on the Tourism Board. Commissioner Borho questioned if you have to live in the County to be on the Tourism Board. Mr. Van Blaricum stated that you do not. A motion by Commissioner Borho to reappoint Mike Cox and Lisa Perez Miller to another three year term on the Tourism Board. The motion was seconded by Commissioner Hlavachick and carried unanimously,

Mr. Hoffman informed the Commission that there was a vacancy on the Tourism Board with Shelly Patel moving. Mr. Hoffman stated that he had visited with Alex Desai and he was interested in serving the remainder of the term of Shelly Patel and that he had also visited with Bruce Pinkall. Mr. Hoffman commented that Mr. Pinkall would be an asset due to the link with Parks and Recreation. A motion by Commissioner Peltier to appoint both to the Tourism Board. A second by Commissioner Hlavachick and the motion carried unanimously.

CONSIDERATION AND APPROVAL OF AMENDMENT TO 2008 CITY OF PRATT BUDGET:

Finance Director Diana Garten stated that she needed the Commission’s approval to publish the 2008 budget amendments public hearing at the next meeting. Mayor Nystrom asked if this was a statutory requirement. Ms. Garten stated that it was. A motion by Commissioner Taylor to approve the publication of the amendments to the 2008 budget for a public hearing at the next meeting. The motion was seconded by Commissioner Hlavachick and carried unanimously.

CONSIDERATION AND APPROVAL OF LOW BID FOR COOLING TOWER REPAIRS:

Director of Electric Utilities Kelly Hemphill stated that he had gone out for bids for cooling tower repairs. Mr. Hemphill commented that the tower had been damaged by high winds in April. Mr. Hemphill stated that EMC Insurance had issued a check for damages minus the $5,000 deductible, which added up to $39,116. Mr. Hemphill stated that he had sent out two quotes and two had been returned. Mr. Hemphill informed the Commission that Cooling Tower Depot had sent a bid for repairs in the amount of $42,534.80 and SPX Cooling Technologies’ bid was $39,666. Mr. Hemphill stated that one asbestos removal quote was returned from Asbestos Removal & Maintenance Inc. in the amount of $4,650, which would be added to the quotes mentioned earlier making Cooling Tower Depot’s bid $47,184.80 and SPX Cooling Technologies’ bid $44,316. Mr. Hemphill added that sales tax would be added to the bid and that his recommendation was to accept the lower bid from SPX Cooling Technologies. A motion by Commissioner Borho to award Asbestos Removal & Maintenance the bid for asbestos removal at $4,650 and SPX Cooling Technologies the bid for repairs at $39,666 plus tax on each. The motion was seconded by Commissioner Peltier.

Mayor Nystrom questioned if there would be any asbestos left when this was done. Mr. Hemphill stated that there would be. Mayor Nystrom asked how much it would cost to remove it all. Mr. Hemphill commented that it would probably be twice what they quoted. City Manager Howard commented that the tower needed to be replaced, but with the electrical issues, we do not know how long it was going to operate and it made sense to repair the old cooling tower. Mr. Howard added that not knowing the impact of wind generation, it is the sensible thing to do in fixing it and getting five years or so out of it.

Commissioner Taylor questioned the handling fee. Mr. Hemphill stated that he did not know what that was for. A vote on the motion and second was unanimous to accept the low bid from SPX Cooling Technologies and Asbestos Removal and Maintenance.

CONSIDERATION AND APPROVAL OF THE PURCHASE OF A WASTEWATER VEHICLE:

Public Works Director Russ Rambat stated that he had gone out for bids on a vehicle for the wastewater department and that two bids had been returned. Mr. Rambat commented that the wastewater department currently has one 1992 vehicle and two 1996 vehicles. Mr. Rambat informed the Commission that one of those vehicles would be going to the fire station/maintenance department. Mr. Rambat stated that Doug Reh Chevrolet had turned in a bid of $21,111 and Lanterman Motors had a bid of $19,727. Mr. Rambat recommended the low bid from Lanterman Motors. Commissioner Borho asked if this was on 2009 models. Mr. Rambat stated that they were. A motion by Commissioner Taylor to purchase a ¾ ton 2009 pickup from Lanterman Motors in the amount of $19,727. The motion was seconded by Commissioner Borho and carried unanimously.

CONSIDERATION AND APPROVAL OF 2009 CEREAL MALT BEVERAGE LICENSES:

Police Chief Steve Holmes stated that these licenses were from the same businesses that had applied last year and they had complied with the ordinance. Chief Holmes commented that one business did not qualify due to the owner not being a citizen of the United States, which was in violation of the City ordinance and that they had been contacted. Chief Holmes informed the Commission that El Dos De Oros had used their manager last year. Commissioner Peltier questioned why the Club D’Est was not on the list. Chief Holmes stated that they had a liquor license and that license comes from the state, but that they do have to bring the state license into the City to get a City license. Chief Holmes added that liquor licenses are not approved by the Commission. A motion by Commissioner Borho to approve the 2009 cereal malt beverage licenses as submitted by the Chief of Police. The motion was seconded by Commissioner Hlavachick and carried unanimously.

REPORTS:

Additional vehicle purchase:

City Manager Howard informed the Commission that there would be one more budgeted vehicle purchase before the year end. Mr. Howard commented that they would be holding off on other major expenditures to see what the economy does. Mr. Howard stated that the City is doing well and that with the equipment updates, we would do well if we hit hard times.

Hazard Mitigation Plan:

Public Works Director Rambat stated that he had attended a meeting last week at City Hall that was a County wide meeting put together by Mark McManaman. Mr. Rambat commented that the County had started putting together a Hazard Mitigation Plan sometime back, but that they had submitted it in the wrong format and it had been rejected. Mr. Rambat stated that the County would get their plan laid out and the other entities would be a part of that plan. Mr. Rambat commented that E-FM Consulting, LLC would write our part of the plan into the County’s for free and that this could lead to another 5% more from FEMA. Mr. Rambat stated that this plan takes about eighteen months and once the County has written their plan, the City’s priorities would fit into it.

Mr. Rambat commented to the Commission that he wanted them to know about the meeting and that we have the option to have E-FM Consulting, LLC write our part for free or take on writing it ourselves. Mr. Rambat commented that we would be silly not to take them up on their offer since it is free. Mr. Howard added that we did not know about this until after the last disaster. Mr. Rambat stated that this plan could also increase expedition of payment and/or help. Finance Director Garten commented that they receive grant money; therefore, they are able to do this for free. Mr. Rambat stated that once the plan is put together, it would come before the Commission for their approval.

Curb and Gutter:

Mr. Rambat commented that the curb and gutter project is not quite done and that they were working next to the high school on Fifth Street. Mr. Rambat informed the Commission that the street department was finally at full staff now.

Siren at Wildlife and Parks:

Director of Electric Utilities Kelly Hemphill informed the Commission that the line gang had been assisting emergency services to hang a siren at Wildlife and Parks.

Power Plant projects:

Mr. Hemphill stated that the power plant had been working on inventory and repairs. Mr. Hemphill informed the Commission that the cylinder heads were still in the works and more had been ordered. Mr. Howard commented that they were planning to run #7 just to see how it performs and in case we need it this winter before the heads come in. Mr. Howard stated that it had not been operated since April and we wanted to be prepared.

Christmas dinner:

Recreation Director Bruce Pinkall reminded the Commission of the Christmas dinner on December 18th at noon. Commissioner Borho asked if the boards had been invited again this year. Mr. Pinkall stated that they had.

Homicide investigation:

Chief Holmes commented that he knew the Commission already knew that they were involved in a homicide investigation. Chief Holmes stated that they were following leads and that they had been assigned two KBI agents and would be getting a third this week. Chief Holmes thanked the Commission for funding training that had been helpful and he also thanked Mr. Howard for approving the overtime that was necessary.

Sales tax report:

Finance Director Garten informed the Commission that sales tax for September was up again and an increase for the year of $25,876.63. Ms. Garten added that sales tax was up from last year by more than $103,500.00.

Utility accounts:

City Clerk Kramer commented that past dues were up and that it was evident that people were struggling to pay their electric bills. Ms. Kramer stated that beginning January 1st, utility customers will be required to pay their bills on time or their services will be discontinued. Ms. Kramer added that there had been a letter added to the final notices informing customers of this change and that she wanted the Commission to be aware of it in case they were asked about it.

Articles:

Commissioner Borho stated that there had been an article featuring Steve Hewitt in American City & County magazine naming him Municipal Leader of the Year.

Commissioner Borho asked the Commission if they had read the article in the Hutchinson paper about the neighborhood act. Mayor Nystrom commented that he had a call into the Mayor, but had not heard back from him yet. Commissioner Borho commented that it had stated that it was not legal for a City to have a revitalization program. City Manager Howard commented that it originally came out to rebuild blighted areas.

Smoking Ordinance:

Commissioner Borho asked when the smoking ordinance would be addressed again. Commissioner Hlavachick commented that it would be after the first of the year. Mayor Nystrom commented that it could be discussed anytime.

Final leaf pick-up:

Commissioner Taylor questioned when the final leaf pickup was. Mr. Rambat stated that it was this week and that they would also be picking up compost carts.

Dinner invitations:

Mayor Nystrom asked how many of the Commissioners were planning on attending the County Christmas dinner on the 15th at the 4-H building and also the Wildlife and Parks dinner on the 10th. The Mayor instructed the Clerk to let the County know that there would be four Commissioners attending their dinner and that three would be attending the Wildlife and Parks dinner.

Comments from Press:

Mr. Gale Rose of the Pratt Tribune thanked Chief Holmes for the constant updates on the homicide case and stated that it helps to get information out to the community.

ADJOURN:

A motion by Commissioner Hlavachick to adjourn. The motion was seconded by Commissioner Borho and carried unanimously.


_______________________________________
ERIC NYSTROM, Mayor



(SEAL)

ATTEST:

________________________________________
LUANN KRAMER, City Clerk

Approved Minutes of 11/17/08 Commission meeting

MONDAY

November 17, 2008

The Governing Body of the City of Pratt met in Regular session in the Commission Room located in City Hall.

PRESENT: Eric Nystrom Mayor
Glenna Borho Commissioner
Jeff Taylor Commissioner
Bill Hlavachick Commissioner
Willy Peltier Commissioner

ALSO PRESENT: Dave Howard City Manager
LuAnn Kramer City Clerk
Ken Van Blaricum City Attorney
Diana Garten Finance Director
Steve Holmes Chief of Police
Russ Rambat Public Works Director
Kelly Hemphill Dir. of Electric Utilities
Bruce Pinkall Recreation Director

CALL TO ORDER:

Mayor Nystrom called the regular session to order. The Mayor instructed the Clerk to note that all Commissioners were present.

MINUTES:

A motion by Commissioner Taylor to approve the minutes of the November 3, 2008 regular Commission meeting. The motion was seconded by Commissioner Borho and carried with four approved votes and one abstain vote from Commissioner Hlavachick.

OPEN AGENDA:

Chamber Director Brian Hoffman asked the Commission to consider names for the expiring terms on the Travel and Tourism Board. Mr. Hoffman stated that there were two seats open and one would not be renewing. Commissioner Taylor questioned who was going off. Mr. Hoffman stated that Mike Cox and Lisa Perez, but Ms. Perez could be interested in an additional term. Commissioner Borho commented that you need to have so many motel and restaurant owners on the board and she questioned if the manager of the new motel had been asked. Mr. Hoffman stated that he would ask him. Commissioner Borho asked about Cody Eastes of Legend’s Bar & Grill. Mr. Hoffman stated that he was on the list.

Mr. Hoffman commented that it had been a busy time getting ready for the Old Fashioned Christmas. Mr. Hoffman stated that there had been around 20,000 brochures sent out. Mr. Hoffman thanked the City employees for all their help and support and thanked the parks department for picking up the hay bales.

Mr. Hoffman introduced Ms. Joyce Beck from the Taste of Home Cooking School. Mr. Hoffman stated that this had been a great event two years ago. Ms. Beck commented that the first Taste of Home School had sold 801 tickets and that ticket sales were not going well this time. Ms. Beck stated that tickets were on sale at Memories and that tickets usually are not available at the door, but they would be tomorrow evening. Ms. Beck commented that KFRM ‘graded’ them on attendance and although they were off the chart last time, it was in hopes that sales would increase by tomorrow evening. Ms. Beck commented that the doors open at 4:00 p.m. at the Municipal Building and tickets are $10 per person. Ms. Beck informed the Commission that there would be door prizes and a grand prize of a range worth $700 or so. Ms. Beck stated that this would be a Christmas show and would last about two hours. The Commission thanked Ms. Beck for taking time to inform them about the event.

PRESENTATION OF 2008 EMPLOYEE SERVICE AWARDS:

Mayor Nystrom and the Commissioners thanked the individual employees for their years of service with the City. The Mayor handed the employees plaques and/or certificates for this accomplishment. Mayor Nystrom, Commissioners and employees joined each other at the dais for a picture.

DISCUSSION ON DRAFT ORDINANCE CONCERNING SMOKING IN PUBLIC PLACES:

City Attorney Ken Van Blaricum stated that this was a draft of the smoking ordinance and that he had reviewed several others, but patterned this one after the City of Lawrence. Mr. Van Blaricum commented that about thirty-one cities had passed some sort of ordinance on smoking and that the City of Lawrence had enacted theirs several years ago and the City of Newton has had one since January 1, 2008. Mr. Van Blaricum stated that he was not sure who started this, but others have followed with the feeling that smoking is unhealthy.

Mr. Van Blaricum stated that there were several definitions in the ordinance and that it talks about enclosed public places, option to employers, city owned facilities, schools, provision of enforcement, non-retaliation clause and provisions of purchasing and sales. Mr. Van Blaricum commented that there were facts and figures in the ordinance, why the ordinance is needed, a purpose section and also the definitions. Mr. Van Blaricum stated that it makes clear what a business is, what an employee is, what an enclosed area is, along with many others. Mr. Van Blaricum explained that an enclosed place did not include a back yard or the street or a person’s home or car. Mayor Nystrom asked about a public park. Mr. Van Blaricum stated that would be allowed. Commissioner Taylor asked if the sports arena that holds a large group of people would be under the enclosed area. Mr. Van Blaricum stated that a gym or enclosed pool would be. Commissioner Borho questioned smoking on or around bleachers at the Sports Complex. Mr. Van Blaricum stated that the bleachers were not enclosed, but the area under the roof at the Complex would be. Mr. Van Blaricum asked Mr. Kenton Landenburger, a school board member, about the school’s policy in that area. Mr. Landenburger stated that the school was completely smoke free. Mr. Van Blaricum stated that smoking would be prohibited in areas including elevators, restrooms, lobbies, reception areas, hallway s, airports and service lines. Mr. Van Blaricum commented that a facility showing a motion picture was not allowed to have smoking, but if the play called for the performers to smoke, they were allowed to. Mayor Nystrom questioned if the Sports Complex would come under ‘J’ in this section. Mr. Van Blaricum stated that he thought it would. After a little discussion on facilities such as the college rodeo grounds, Mr. Van Blaricum stated that this covers a lot of ground.

Mr. Van Blaricum stated that prohibition of smoking in places of employment include all enclosed places within the City, but that employers can provide an area for smoking. Mr. Van Blaricum explained that each employer was required to make up their own written policy and that this ordinance must be communicated to all employees. Mr. Van Blaricum stated that any employer can declare that establishment as non-smoking even if there is an area outside that is not enclosed. Commissioner Borho commented that the hospital is a smoke free campus.

Mr. Van Blaricum commented that there are exceptions such as residences that are not running a business from there and that 25% of motel rooms have to be designated smoking rooms. Commissioner Taylor asked if we know what percentage they are now. Mr. Van Blaricum stated that he could ask, but it was pretty close to 25%. Mr. Van Blaricum continued stating that retail tobacco stores where that is their primary product are an exception. Commissioner Borho questioned a wedding reception where a caterer services food and being able to smoke once they leave. Mr. Van Blaricum commented that you could allow smoking at those events or not. Mayor Nystrom commented that the hotel may make that decision if they are non-smoking. Commissioner Borho agreed stating that they could say they are going by the City ordinance. Mayor Nystrom asked about outdoor places of employment or storage areas being available for smoking unless the employer made it non-smoking. Commissioner Peltier added the question of a business owner downtown smoking in his private office. Mr. Van Blaricum stated that they would be violating this ordinance, but they can designate smoking areas. Commissioner Peltier asked about the Elks, American Legion, and Knights. Mr. Van Blaricum stated that they would be non-smoking. Mayor Nystrom asked about provisions for retail businesses if they construct or modify their place for a smoking area. Mr. Van Blaricum stated that you can have it where you cannot smoke so many feet from an entrance. Mayor Nystrom asked about an ordinance within the state and if this would stand up in court. Mr. Van Blaricum stated that there have been no challenges in five years. Dr. Wakon Fowler addressed the Commission and stated that he had documentation that the Kansas State Supreme Court had approved the Lawrence ordinance.

Mr. Van Blaricum continued to review the ordinance and discussed the posting of signs and the requirement that they must be 1” high and that the public must be educated. Mr. Van Blaricum stated that Lawrence Health Department has a brochure that educates the public on this issue. Commissioner Taylor commented that our Health Department already has one so we would not have to. Mr. Van Blaricum commented that the Health Department is County and the City cannot regulate that. Commissioner Taylor questioned if we need to take that out.

Commissioner Taylor commented that we have to have someone enforce this and that some cities have the Fire Chief do it. Commissioner Borho stated that they were probably not a volunteer department.

Mr. Van Blaricum discussed the non-retaliation section and stated that this is regulated by the state so we do not need this.

Commissioner Peltier questioned if you can arrest a sixteen year old if they are caught in possession of tobacco. Police Chief Steve Holmes stated that the City has a $25 fine and court costs, but they can be arrested. Commissioner Peltier asked if we have done it. Chief Holmes stated that we have not, but have enforced the fine. Mr. Van Blaricum stated that the state law covers this pretty well and that the law is uniform around the state. Mayor Nystrom questioned who was responsible if someone was to smoke in a non-smoking establishment. Mr. Van Blaricum stated that the priority was the establishment, but the smoker could be fined also. Commissioner Borho stated that the smoker should be fined first. Commissioner Taylor agreed and commented that it was not fair to the owner if they do not know that they are smoking.

Commissioner Hlavachick stated that he would like to see this given more thought to give the businesses more time to be in compliance. Commissioner Taylor commented that he was not ready to vote now.

Mayor Nystrom opened the discussion up to the audience.

Ms. Kathleen Riggs stated that she was not a resident of Pratt, but this was her trade area. Ms. Riggs commented that she felt that the Commission had already decided on non-smoking in public places. Ms. Riggs added that this was a free enterprise system and the City can do what they want with what they own and that a business should be allowed to succeed or fail on their own; therefore, they should be able to make their own decision. Ms. Riggs explained that she felt that law enforcement was busy enough without having to deal with this. Commissioner Borho stated to Ms. Riggs that restaurant owners have contacted the Commissioners as individuals asking the City to do this. Commissioner Borho added that they fear that if they become non-smoking they would lose business to another smoking establishment. Ms. Riggs stated that they should let them go somewhere else. Commissioner Hlavachick stated that he was in support of the business owner doing their own thing, but that research has shown that it does not work as well if there is not an ordinance to back it up. Ms. Riggs commented that Rick’s put up a sign and no one smokes and that they should stand on their own two feet. Ms. Riggs concluded her comments praising the Commission for their presentation of the long time employees and that she had enjoyed that.

Dr. Wakon Fowler addressed the Commission and thanked them for bringing up this topic. Dr. Fowler apologized for interrupting earlier, but that he had a copy of the minutes from the Supreme Court against Lawrence and it stated that they had upheld it. Dr. Fowler commented that this ordinance would level the playing field and should help business owners be more reassured. Dr. Fowler stated that he agreed that a business owner should have their own rights, but this ordinance was for public health standards. Dr. Fowler stated that a smoker has the freedom to do just that, but that as a non-smoker he does not want to subject himself it. Dr. Fowler stated that he wanted the Commission to know that the medical community supports this ordinance. Commissioner Hlavachick questioned if there was scientific research on this subject. Dr. Fowler stated that in regards to employees, non-smokers in a smoking establishment are 30% more likely to have effects than those that are not exposed to smoke. Dr. Fowler added that with regular exposure it increases the chance of a stroke by 50% and that employees in a smoking environment have increased medical costs.

Commissioner Borho addressed Ms. Deb Simon who had written a letter and let her know that she appreciated it and that she had brought up some great points. Ms. Simon stated that sometimes employees do not have a choice but to work in that environment. Ms. Simon commented that she feels sorry for kids as they have more asthma and allergies and that one puff of second hand smoke is too many. Commissioner Borho commented that you are caught between a rock and a hard place and that if this went into effect, you would not have to worry. Ms. Simon stated that she enjoys her job and the people, but not the smoke. Commissioner Hlavachick commented that in Salina there is a time of day exception where this does not apply to restaurants during certain hours. Commissioner Hlavachick continued stating that in bars the grill is shut down after 9:00 p.m. and 30% of their income is from the bar. Commissioner Hlavachick stated that at Woody’s there is the outdoor seating area and a door to get there can be shut. Commissioner Taylor stated that that would make that area exempt. Commissioner Borho commented that it would not be if the 10’, 20’ or 30’ was in the ordinance. Commissioner Borho commented that if there was a total ban on private clubs there would be no problem since there would be no other place to go. Commissioner Borho added that if private clubs were smoking, that would not be fair. Commissioner Hlavachick stated that if there was a general provision making smoking allowed after 10:00 p.m. it would balance things out. Commissioner Taylor questioned what people who do not smoke are to do after 10:00 p.m. Commissioner Hlavachick commented that they could leave. Commissioner Hlavachick commented that this targets bars and clubs and we need to make this something so they can still have a business. Commissioner Borho commented that it would be nice if the state would handle it since there were already 31 cities with something in place. Commissioner Peltier stated that he understood that employees at a club have to work from 9:00 p.m. to 2:00 a.m. in second hand smoke and also the economic impact this could have. Commissioner Borho commented that food sales could increase if smoke free. Commissioner Hlavachick stated that dinner hours would be smoke free. Commissioner Borho questioned the health of employees who work from 10 p.m. to 2 a.m. Commissioner Taylor asked about a non-smoker that may want a drink after 10 p.m. Ms. Simon added that younger kids do not want to go home smelling of smoke. Mayor Nystrom commented that he had taken the time to talk to every owner in Pratt and that he had let them know that we want to make this an even playing field. Mayor Nystrom added that the Elk’s was in agreement, but The Servateria felt that this would have an impact on their business. Mayor Nystrom stated that every person could live with the ordinance if it was passed across the board and that Woody’s and the Club would like to have smoking from 10 p.m. to 2 a.m., but could deal without that provision.

Mayor Nystrom commented that he would like to see the businesses given time to add a separate heating and cooling system; which the Hutchinson ordinance clarifies. Commissioner Taylor asked if they would have to have a separate entrance. Mayor Nystrom commented that he was talking about a separate ventilation system. Commissioner Peltier stated that some airports do that. Mayor Nystrom commented that the audience attendance tonight speaks of where we are at.

Commissioner Borho commented that Mr. Van Blaricum should make the draft changes and bring it back on December 1st. Mayor Nystrom stated that he had personally told some that this would not be passed until the first of the year and that if we do as we promised, we can make it work. Mr. Van Blaricum asked if he was to make the change concerning the main entrance distance. Commissioner Borho commented that the Club was talking of walling the front portion of their building off for an outdoor restaurant and if that provision is put in, it wrecks their plan. Mayor Nystrom commented that we should not put it in. Commissioner Taylor agreed. Commissioner Peltier commented that he would like to see something where smokers cannot congregate. Commissioner Borho commented that we might be sorry later if we do not put a restriction on the main entrance. Commissioner Taylor stated that this cannot pass easily and that it is our intention to give the people an opportunity to speak and that we need to spend time on it. Mr. Van Blaricum asked about the time exception and patio area. Commissioner Taylor stated that he was not interested in the time restriction, but the patio was okay. Commissioner Peltier stated that he was also not interested in the time issue.

Mr. Van Blaricum commented that he would make the changes and bring it back at the next meeting.

FURTHER DISCUSSION ON UTILITIES AT PRATT AREA HUMANE SOCIETY’S NEW LOCATION:

Commissioner Taylor questioned if the Humane Society had two meters at the old location. City Clerk Kramer stated that they did. Commissioner Taylor stated that he felt that a ceiling on this would be the best way and that $5,000 to $6,000 utility allowance plus the $1,000 monthly donation was generous. Mayor Nystrom questioned if that was for a year. Commissioner Taylor stated that it was. Commissioner Hlavachick stated that it should cover the entire year. Mayor Nystrom commented that he did not feel that the utilities were our responsibility. Commissioner Taylor commented that if they add on or leave doors open, with a cap we would not be obligated. Commissioner Hlavachick commented that they are restricted on how they do things. City Manager Howard commented that no matter what we do, the contract would have to be amended. Commissioner Taylor suggested that it state that we would do a donation and a cap for utilities for a total of $18,000 a year. Mr. Howard suggested increasing the donation and they pay the utilities. Mayor Nystrom commented that if we raised the donation, it would give them incentive to conserve. Commissioner Borho stated that she felt they should be kept separate. Mr. Howard asked if there would be a carry over. Commissioner Taylor suggested $6,000 per year, but no more than $500 a month for utilities. Mayor Nystrom stated that if they only use $300 in January, but are allowed $500, they could use more electricity and we encouraged it. Mayor Nystrom commented that they should be accountable for their electric bill and then they may conserve in the winter to have for the summer.

A motion by Commissioner Borho to give the Pratt Area Humane Society $1,000 donation and a cap of $500 max per month for utilities. The motion was seconded by Commissioner Taylor. Mr. Howard stated that there was a provision in the contract that states that we can review the contract at any time. Commissioner Taylor suggested that this contract be for one year so that we can review their history. Commissioner Borho amended her motion to include a one year contract. After more discussion, Mr. Howard stated that the contract states that we have to give them 60 days notice before terminating the contract, but does not mention renegotiations. Commissioner Taylor stated that we were not voting on the contract, just what should be in the contract. Mayor Nystrom commented that his vote was no on giving them anything for their utilities. Commissioner Peltier questioned why we do give them anything. Commissioner Borho explained that we have a contract with them for picking up animals. Commissioner Taylor reminded the Commission that he was originally against giving them anything. Commissioner Peltier stated that he personally felt that we should give them a universal amount and they could save money and use it in the hotter months. Commissioner Borho stated that there needed to be a vote on the motion on the floor. Mayor Nystrom stated the motion and the motion failed with two approved votes and three against. Mr. Van Blaricum commented that he would amend the contract and bring it back to the Commission.

CONSIDERATION AND APPROVAL OF CONTRACTS FOR SALE OF PROPERTY TO CITY:

City Manager Howard reminded the Commission that they had approved two meetings back, the purchase of two lots of land off of Maple Street owned by Pratt Well and Blake Himmelwright. Mr. Howard commented that City Attorney Van Blaricum had put the final touches on the contracts. Mr. Van Blaricum stated that the contracts were a little bit different. Mr. Van Blaricum stated that the Josephine C. Lemon Trust #1 was 21.8 acres and that Mr. Himmelwright had signed the option that had been prepared, but Pratt Well had not. Mr. Van Blaricum explained that the second contract had just been signed by Pratt Well that included the Seller retaining mineral rights. Mayor Nystrom questioned if water was considered a mineral, such as water wells for irrigation. Mr. Van Blaricum answered that they have to follow state laws. Commissioner Taylor commented that you cannot take dirt off of that property. Commissioner Taylor explained that if you dig a basement, you are not allowed to sell the dirt. Mr. Van Blaricum commented that he had never heard of someone going to court over that and excavating for a basement would not qualify.

Mr. Van Blaricum continued informing the Commission that the contract contained the purchase price, closing information and the commitments. Mr. Van Blaricum discussed the condition on page four, section four of the contract that stated that the 23.6 acre tract shall be held by the Buyer, to be used for the City only and if this would be violated, the property goes back to the Seller. Mr. Van Blaricum added that this did not pertain to the 4.3 acres. Mayor Nystrom questioned the ramifications of the proposal. Mr. Howard explained that this would not be concern and that the cost to make the lots saleable was not worth it. Mayor Nystrom commented that it was a concern of Mr. Gates’. Mr. Howard stated that it was the way Mr. Gates wanted it and that they had discussed a trail system and the major drainage area where you would not be able to build a house. Mr. Howard added that we had no intention to build on it. Mr. Van Blaricum commented that the mineral rights and keeping it in the City’s name were what make this contract different from the other.

Mr. Van Blaricum noted that the Lemon Trust contract included the naming of three streets by the Seller. Commissioner Borho questioned the term ‘Attorney in Fact’ rather than ‘Power of Attorney’. Mr. Van Blaricum stated that ‘Power of Attorney’ can act for someone else.

A motion by Commissioner Peltier to approve both contracts as written. The motion was seconded by Commissioner Hlavachick and carried unanimously.

DISCUSSION ON EXTENDING CHRISTMAS HOLIDAY TO INCLUDE FRIDAY, DECEMBER 26, 2008:

Mayor Nystrom explained that Christmas falls on Thursday this year and he would like the Commission to consider extending the holiday for City employees to include Friday the 26th. Commissioner Taylor stated that he was not in favor of it and that some businesses state that if you are not there the day before and the day after a holiday, you are not paid for the holiday. Commissioner Peltier commented that you are going to have the same thing the day after New Years.

A motion by Commissioner Hlavachick to extend the holiday to December 26th. Commissioner Peltier seconded the motion.

Commissioner Peltier questioned how many paid holidays the City has. City Manager Howard stated that we have seven and two discretionary days. Mayor Nystrom commented that nothing was going to happen that day, but killing time. Commissioner Taylor commented that there are always things to do. Commissioner Taylor added that you might save money by turning things off, but trash service would be pretty important the day after Christmas. Mr. Howard commented that Sanitation would be working anyway. Commissioner Taylor questioned why we would be preferential. Mr. Howard stated that Police work and that the Sanitation Department request to work so they do not fall behind. Public Works Director Russ Rambat explained that vacation days left to take are taken then, so departments are ‘bare bones’ and that makes it hard to get things done. Mr. Howard added that there is always work to be done, but you do not want to start a big project. Commissioner Taylor commented that the private sector does not do this and they are not funded by taxpayer’s dollars.

There was a motion by Commissioner Hlavachick and a second by Commissioner Peltier on the floor. With no further discussion, the motion passed with four approved votes and one no vote by Commissioner Taylor.

REPORTS:

Boundary survey:

City Manager Howard stated that he would have a boundary survey done by EBH on the property purchased earlier. Mr. Howard explained that this would be topographical to primarily layout the Maple Street project. Mr. Howard added that he thought the cost would be under $10,000, but if not he would bring it back before the Commission. Mayor Nystrom asked Mr. Conrad Easterday, Pratt Tribune editor, to make sure the public knows that we are looking at just doing the roadway and that housing is not being discussed.

Recyclable services:

Mr. Howard explained that Mr. Marvin Nisly had approached him concerning a recyclable service for Pratt. Mr. Howard commented that Mr. Nisly knows that we have our own trash service, but he would like to set up a presentation for the Commission. The Commissioners were in agreement to listen to Mr. Nisly’s presentation.

Air Space Ordinance:

Mr. Howard explained to the Commission that the airport had been working on an ordinance for air space issues. Mr. Howard stated that he had spent two hours with a representative from the company that wanted to build wind generation and they would like an opportunity to present their project, which was a high dollar project. Mr. Howard commented that they do not want to cause the airport any grief, but the ordinance could kill their project. Commissioner Borho commented that we should invite them to a meeting. Commissioner Peltier questioned why the airport would need ten miles. Commissioner Borho answered that they are looking at being a commercial airport in the future, but that was not likely with runways that were not able to accommodate that type of traffic. Commissioner Taylor commented that there are also automated signals that start at ten miles so pilots know to start their decent.

Commissioner Taylor stated that he had visited with Mr. Mike McMay who was part of the Northwest Residence Association and he wants to get the word out to land owners to go to their attorney’s before signing anything. Commissioner Taylor commented that Mr. McMay stated that the amount being offered was way under what it should be and that the verbage was pro-company. Commissioner Taylor added that people are falling into a trap and Mr. McMay would like to come and give the City Commission more information. Commissioner Taylor explained that they are not opposed to giving the airport both ends, but not the whole area. Mr. Howard commented that the wind generation company should be allowed to give the Commission their side of the story. Commissioner Peltier commented that he was willing to listen.

Commissioner Taylor commented that wind generators have torn up roads and they cannot be reconstructed. Commissioner Taylor continued informing the Commission that the County should get involved so that they can take care of their infrastructure. Commissioner Taylor stated that Mr. McMay was pretty knowledgeable.

Kansas Rural Water Financing:

Public Works Director Russ Rambat informed the Commission that we had received notification from Kansas Rural Water Financing that we had been approved for the water main project on Main Street.

Letter from KDOT:

Mr. Rambat stated that we had received a letter from Ms. Deb Miller, Secretary of Transportation, informing us that KDOT would be suspending funding starting Wednesday and that they are targeting 2011 and 2012 projects. Mr. Rambat commented that he would keep his eye on the KLINK and GEO projects. Mr. Rambat explained that the letter had stated that there could be a loss of state and federal funds to KDOT as much as $250 million in 2010, so we will have to see what happens.

Keeping downtown clean:

Mr. Rambat commented that the guys are working on keeping downtown clean for the cooking show and Christmas festivities.

FEMA time delays:

Director of Electric Utilities Kelly Hemphill stated that all Region Seven folks had appealed FEMA rulings. Mr. Hemphill commented that FEMA was going to reevaluate the applications; therefore, the benefit to that was that we will not have to go through the appeal process. Mr. Hemphill stated that it was looking better than before and that we have the potential to receive better than $200,000 and could hire the work done. Commissioner Taylor questioned if during the appeal process, it goes through an arbitration process. Mr. Hemphill stated that it does. City Manager Howard commented that FEMA tells you to do it, but then they deny it.

Cylinder heads:

Mr. Hemphill informed the Commission that Fairbank Morse had left a message that they went to Paris to discuss the material problems with the cylinder heads and that things look like they are going in the right way. Mr. Hemphill stated that it was an upbeat message and that we have to have hope.

Power Plant maintenance:

Mr. Hemphill stated that the power plant employees were doing their maintenance and repairs. Mr. Hemphill commented that they were looking for other methods for the cylinder problem.

Rescue Training:

Mr. Hemphill stated that Joey Schaffer and Jeremy Anderson had successfully completed rescue training. The Commission asked Mr. Hemphill to relay their appreciation to them for continuing their education.

Bids if necessary:

Power Plant Superintendent Ernie Smith stated that he had been looking for an alternative source in Florida to get a competitive bid in case we have to purchase cylinders.

Auditors:

Finance Director Diana Garten informed the Commission that the auditors would be here November 25th to do some preliminary work for the 2008 audit. Ms. Garten stated that they have scheduled their field work for April 1st to April 28th and that doing the audit that early should allow us to have it back before budget.

Visit from England:

Commissioner Taylor commented that he enjoyed the visit with a visitor from England who was in charge of economic development. Commissioner Taylor stated that they had also visited with City Manager Howard and that they also are trying to keep young people from leaving for college and not coming back. Commissioner Taylor explained that she was from a community of about forty million. Mr. Howard commented that they have immigration issues there also, which creates illegal entries and problems in the labor force. Commissioner Taylor commented that she had told them that most of their monies are funneled down nationally and that they have funding trusts that have been set up for years. Commissioner Taylor added that the trusts are family trusts funneled back to municipalities to fund different projects.

Open Agenda (cont.):

Mayor Nystrom commented that Mr. Bobby Eastes had joined the meeting late, but he would like to hear his views on the smoking issue.

Mr. Eastes commented that he had come ill prepared as he thought he would be out of town. Mr. Eastes stated that he was concerned with what kind of ordinance the Commission would be considering. Mayor Nystrom informed Mr. Eastes that this was only a draft for the City and that it had been presented by City Attorney Van Blaricum. Mayor Nystrom stated that they had discussed the concerns with private clubs, modifications for controlled environments and open areas out front. Mayor Nystrom informed Mr. Eastes that the Commission would take this up again in December. Mayor Nystrom stated that he personally would not push it until after the first of the year and that there would be ample time for businesses to make provisions.

Mr. Eastes commented that he agreed that this was the direction that the country was going, but he asked the Commission to consider that in a small town like Pratt, an ordinance applicable for a restaurant can be damaging for a bar. Mr. Eastes stated that he exists in both fashions and that if the ordinance is across the board, he would have to eliminate six jobs due to decrease in sales at the bar. Mr. Eastes stated that the bar sales happen between 10:00 p.m. and 2:00 a.m. and are not visible to the majority of the voters on this issue. Mr. Eastes asked the Commission to keep this in mind when considering the ordinance. Commissioner Peltier questioned if Mr. Eastes was asking that the ban not be in effect between 10:00 p.m. and 2:00 a.m. Mr. Eastes answered that he would like to see a specific area where smoking was allowed. Mayor Nystrom stated that that had been discussed and the Hutchinson ordinance addressed that also. Mr. Eastes commented that this was possible, but that he would need time to get things done to come into compliance. Mr. Eastes commented that there would be a much smoother transition if they had more time to prepare. Commissioner Peltier questioned if this was done on an even playing field, would the 10:00 p.m. to 2:00 a.m. be as critical. Mr. Eastes stated that 30% of his sales are from the bar and 90% of that is from 10:00 p.m. to 2:00 a.m. Mr. Eastes commented they would lose revenue even if no one else was allowed. Mr. Eastes stated that he had visited with businesses in the same setting as his and they are concerned for their staff and their future, which is a significant issue as well as an emotional one.

Commissioner Peltier asked why the Eastes’ had decided to make Legend’s non-smoking. Mr. Eastes stated that it gave them a difference and they thought it could create volume. Mr. Eastes explained that the other differences were in the menu and the interior design. Commissioner Borho commented that they enjoy coming to Legend’s because it is non-smoking. Mr. Eastes stated that he understood that and that if he existed only as a restaurant, it would likely be non-smoking. Mr. Eastes explained that bar sales after the restaurant has closed can sometimes carry the day. Mr. Eastes commented that Woody’s started out as a bar and had to evolve into a restaurant. Mr. Eastes added that you need sales just like car dealers need a parts department or you cannot exist.

Mr. Eastes commented that he is not for smoking in a restaurant and he has disrespect for someone who does it. Mr. Eastes stated that this ordinance would be perfect for a restaurant, but damaging to a bar and that the bar has allowed them to stay in business for thirty years.

Commissioner Taylor asked if the sales were mainly on Friday and Saturday nights. Mr. Eastes stated that it was not and that after midnight the bar can be full any night of the week. Commissioner Taylor questioned, if from 10:00 p.m. to 2:00 a.m., 33% of sales happen on Friday and Saturday. Mr. Eastes stated that it would probably be closer to 50% and that if there is a calf sale on a Monday night, it can be a big night. Mr. Eastes added that every day is not the same. Commissioner Borho asked how late you can serve alcohol. Mr. Eastes stated that it was 2:00 a.m., but staff do not get done cleaning until 3:00 a.m. sometimes. Commissioner Borho commented that this is also a health issue. Commissioner Taylor commented that most drinkers smoke. Mr. Eastes stated that a heavy majority do and that when observing the customers in the bar around 11:00 p.m. one evening, he noticed that every table had a smoker at it. Mr. Eastes stated that 30% of the public smoke and 70% do not. Commissioner Taylor commented that 75% to 80% at that hour do smoke. Mr. Eastes commented that they are their entertainment and it is hard to sustain business if you have to say no. Mr. Eastes stated that he understood the Commission’s issues, but he asked that they consider more than restaurants.

ADJOURN:

A motion by Commissioner Borho to adjourn. The motion was seconded by Commissioner Taylor and carried unanimously.


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ERIC NYSTROM, Mayor


(SEAL)

ATTEST:

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LUANN KRAMER, City Clerk