MONDAY
JANUARY 04, 2010
PRATT CITY COMMISSION – REGULAR COMMISSION MEETING
COMMISSION ROOM – 5:00 P.M.
1. CALL TO ORDER (Remind audience that meeting is being recorded and/or taped.)
2. ROLL CALL
3. MINUTES – December 21, 2009 Regular City Commission meeting
4. OPEN AGENDA
5. BUSINESS:
5.1 Consideration of the Use of a Facility by the Center Point Church (formerly Faith Chapel) – Pastor Barry Morris
5.2 Consideration and Approval of the Purchase of a New Police Vehicle Using 2009 Funds – Steve Holmes, Police Chief
5.3 Discussion on the Future Purchase of a New Sanitation Truck – Russell Rambat, Public Works Director
5.4 Consideration and Approval of the Purchase of a Thermal Imaging Camera – David Kramer, Fire Chief
5.5 Discussion on Ordinance 0903 Concerning the Smoking Hours Between 10:30 p.m. and 5:30 a.m. – Ken Van Blaricum, City Attorney; Mayor and Commission
6. REPORTS
6.1 City Manager
6.2 City Attorney
6.3 Department Heads
6.4 Mayor
6.5 City Commission
7. ADJOURN
Thursday, December 31, 2009
12/7/2009 Approved Commission Minutes
MONDAY
DECEMBER 07, 2009
The Governing Body of the City of Pratt met in Regular session in the Commission Room located in City Hall.
PRESENT: Jeff Taylor Mayor
Bill Hlavachick Commissioner
Eric Nystrom Commissioner
Willy Peltier Commissioner
Victor Graf 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
Russell Rambat Public Works Director
Brad Blankenship Building Inspector
Kelly Hemphill Dir. of Electric Utilities
CALL TO ORDER:
Mayor Taylor called the regular meeting to order. The Mayor instructed the Clerk to note that all Commissioners were present.
Mayor Taylor reminded the audience that the meeting may be taped and/or recorded.
MINUTES:
A motion by Commissioner Nystrom to approve the minutes of the November 16, 2009 regular meeting. The motion was seconded by Commissioner Hlavachick and carried unanimously.
OPEN AGENDA:
No one in the audience wished to address the Commission.
BUSINESS:
CONSIDERATION AND APPROVAL OF RESOLUTION PERTAINING TO IRB’S FOR THE HOLIDAY INN EXPRESS:
City Manager Dave Howard introduced Ms. Sarah Steele with Gilmore and Bell and commented that she would be introducing Wilson Parmar’s information since he was not available. Ms. Steele commented that she had worked with the Parmar’s on pertaining Industrial Revenue Bonds to solely obtain a sales tax exemption certificate for their project. Ms. Steele stated that this was a unique transaction structure in that the company intends to purchase the IRB’s with proceeds from the loan that they have arranged with a local bank for the construction of the Holiday Inn Express. Ms. Steel explained that it was permissible under State law that they can purchase their own taxable IRB’s; which would be outstanding for a short amount of time to secure the tax exemption certificate.
Ms. Steele stated that there was a resolution for the Commission to consider that expresses the intent of issuing up to $5 ½ million in revenue bonds for the construction of the hotel. Ms. Steele explained that the resolution was currently an expression of intent and was subject to the preparation of the bond documents. Ms. Steele stated that they would be returning to the Commission at a later date with an ordinance that authorizes the issuance of the bonds, but the resolution this evening would allow them to get their sales tax exemption certificate so that they could begin construction.
Commissioner Peltier commented that there was no sales tax on labor on the new facility. Ms. Steele stated that was correct. Commissioner Peltier asked if the sales tax exemption was for approximately $2 ½ million in materials. Ms. Steele stated that was also correct, but it would also include furnishings. Commissioner Peltier questioned whether materials or furnishing were exempt if they were purchased in Missouri. Ms. Steele stated that she did not think that would be exempt, but it was an exemption throughout the State. City Manager Howard commented that if delivered here, it would be the destination sales tax of ¾ cents and that could be around $18,000 to $19,000 for the City. Ms. Steele explained that the Parmar’s would take the bank loan proceeds, buy the bonds that were being issued and use those bonds for construction.
Commissioner Nystrom questioned if the property tax abatement for ten years would apply since all the laws applicable to IRB’s apply. Ms. Steele stated that they were not seeking any type of property tax abatement, but she understood that there was a rebate program here. Mr. Howard commented that they had applied for that and he thought they had been accepted.
Commissioner Peltier asked what IRB’s were going for. Ms. Steele explained that when you are buying your own bonds, they are used to set a reasonable interest rate, which would be around 7%. Commissioner Nystrom asked if Ms. Steele could tell him how much the closing cost on something like this was. Ms. Steele stated that their fee was around $22,000 and that was going to be the primary expense.
Commissioner Nystrom commented that he knew why the Parmar’s were doing this, but questioned why we should do it. Mr. Howard explained that IRB’s were a tool developed a long time ago to encourage development within all communities. Mr. Howard added that the hotel would be paying sales and lodging tax once they are open. Commissioner Nystrom commented that IRB’s had to go through a municipality or taxing entity. Ms. Steele stated that was correct, but there was no obligation to the municipality in any way and does not affect the City’s debt. Ms. Steele explained that if it is a true IRB and the company would go bankrupt, there would be no impact to the City.
Commissioner Peltier questioned Finance Director Diana Garten on the amount of bed tax the City brings in. Ms. Garten explained that the bed tax was 7% of what they take in and the City receives over $160,000 from all of the hotels. Commissioner Peltier commented that we would get this back in a year. Ms. Garten stated that we would. Mr. Howard commented that the motels play into the economy and we have been promoting different events in the community since the Green Sports Complex was built and we have to have decent hotel and motel space. Mr. Howard added that they create an alternative revenue source and the success of the motels depends on how successfully we promote events in the community.
Commissioner Hlavachick questioned if we had done this before. Mr. Howard stated that we had done it for Parkwood Village’s Alzheimer’s facility and the original Wal-Mart had used IRB’s.
The following Resolution 120709 was then presented to the Commission for their approval: A RESOLUTION OF THE GOVERNING BODY OF THE CITY OF PRATT, KANSAS DETERMINING THE ADVISABILITY OF ISSUING TAXABLE INDUSTRIAL REVENUE BONDS OF SAID CITY FOR THE PURPOSE OF FINANCING THE ACQUISITION, CONSTRUCTION, INSTALLATION, FURNISHING AND EQUIPPING OF A COMMERCIAL HOTEL FACILITY TO BE LOCATED IN SAID CITY. A motion by Commissioner Hlavachick to approve Resolution 120709 determining the advisability of issuing taxable Industrial Revenue Bonds for the purpose of financing the acquisition, construction, installation, furnishing and equipping of a hotel facility to be located in Pratt. The motion was seconded by Commissioner Nystrom and carried with four approved votes and one abstained vote by Mayor Taylor due to his relationship with the bank.
DISCUSSION CONCERNING LOGO DESIGN:
Chamber Director Brian Hoffman informed the Commission that Diana Garten, Russell Rambat and he had visited with Luminous Neon Inc. about new signs and a new logo for the City of Pratt. Mr. Hoffman commented that their goal was to update the logo so that it could be used universally and it would be just for Pratt.
Ms. Marj Johnson from Luminous Neon Inc. stated that she wanted to get the Commission’s initial reaction and would show them how it was developed. Ms. Johnson commented that she would be retiring and she introduced her replacement, Ms. Mitzi Heeney. Ms. Johnson explained that there were three logos to consider and that it took six months to design them. Ms. Johnson commented that she felt there was a good cross section of designs and they had used colors that were used by the Chamber and City websites.
Ms. Johnson commented that the packets that were given to the Commission contained conceptual ideas such as a large sign at the corner of the intersection at the Business Park along with a smaller one showing the businesses there. Mr. Hoffman commented that they wanted to get the Commission’s gut reaction to see if they were moving in the right direction. Commissioner Peltier commented that he felt the colors were cold and uninviting. City Manager Howard commented that they had stayed with the old blue color.
Mayor Taylor commented that he felt that the committee could determine which of the three logos to use. Commissioner Nystrom commented that people make mistakes giving too much design on signs and added that he preferred the top design they were given. Commissioner Peltier agreed.
Mr. Hoffman thanked the Commission for taking the time to review the designs and they would move forward with the project.
CONSIDERATION AND APPROVAL OF APPOINTMENTS TO THE TRAVEL AND TOURISM BOARD:
Chamber Director Brian Hoffman recommended to the Commission that Diana Garten, Deb Goyen, Bev Aldrich and Ken Brown be reappointed to serve on the Travel and Tourism Board for three years. Mr. Hoffman explained that Mr. Brown was hesitant to accept another term, but things in his job had changed and he was willing to serve on the board for another three years. A motion by Commissioner Hlavachick to accept the recommendation of Mr. Hoffman to appoint Diana Garten, Deb Goyen, Bev Aldrich and Ken Brown to a three year term on the Travel and Tourism Board. The motion was seconded by Commissioner Peltier and carried unanimously.
CONSIDERATION AND APPROVAL OF BID FOR THE COOLING TOWER REPLACEMENT:
Director of Electric Utilities Kelly Hemphill informed the Commission that he had sent out two proposals for the south cooling tower and two were returned. Mr. Hemphill commented that they had taken heavy consideration and decided that they needed a tower with better efficiency. Mr. Hemphill added that the old tower had been there for forty years and they were designed to last thirty. Mr. Hemphill stated that K.I.T.S. Mfg., Inc. had submitted a proposal of $718,398 with no electrical work or sales tax and Midstates Erectors, Inc. had submitted a proposal of $601,531. Mr. Hemphill stated that Midstates Erectors had agreed that the City of Pratt could do the electrical portion; which should not be an issue with weather or man power. Mr. Hemphill commented that with the electrical portion removed from the proposal from Midstates Erectors, it left a balance with sales tax included of $540,406; therefore, he would recommend the bid not to exceed $540,406 from Midstates Erectors.
Mr. Hemphill commented that this was the same company that had installed the piping and plumbing on units six and seven so we were familiar with each other and they do good work. City Manager Howard commented that this had been budgeted for since the year before he had started and the plan had been to do it in 2007 except there were high steel copper prices, so they had held back going out for bids. Mr. Howard stated that prices had come down, which made the value we were getting here excellent compared to 2007 and there was about $660,000 budgeted for this project.
Commissioner Peltier questioned if we should up size this tower to handle everything as had been discussed originally. Mr. Hemphill stated that we were doing that somewhat. Commissioner Peltier asked if we were just replacing what we have. Mr. Hemphill stated that we were, but this tower would be able to accommodate the 1 mega watt diesel, but not the 5 mega watt unit. Commissioner Peltier asked what it would take to accommodate 20 mega watts. Mr. Hemphill stated that it would take a tower twice the size of this one, but you would not find the cost efficiencies that you would like to see. Mayor Taylor questioned if the north tower would handle the 5 mega watt. Mr. Hemphill stated that it should for three to eight years although it was weathered and aged. Commissioner Peltier asked if we would be going back in five years and building a new tower. Mr. Hemphill explained that even if maintained we could, but that it does have good life expectancy. Commissioner Peltier commented that if we could be doing this again in five years, why not take care of it now and avoid those costs later on. Commissioner Nystrom commented that we would be assuming that we were going to continue to produce the 5 megs. Mr. Howard commented that the question from an electrical stand point would be what the value of the 5 mega watt unit is.
Mr. Howard explained that when you are negotiating the price of electricity, there is a value in having this reserve capacity they are willing to pay us for and that has not been finalized yet, so we do not know what the value of the 5 mega watt unit is to us. Mr. Howard added that part of the value of replacing the cooling tower was that we have a unit that we can bring up and utilize in case we lose our tie. Mr. Howard commented that with the scenario we have now is that not only can we carry our own load, but we can produce with that reserve capacity and there was a value for that on the market. Mr. Howard stated that the 5 mega watt has a different value than the 14 in that the value of that unit lies in what it is worth in capacity to our suppliers and that can lower our electrical rates. Commissioner Peltier commented that he knows the value of the unit, but wondered if we should build a cooling tower big enough to carry both the 5 and 14 mega watt units. Mr. Howard commented that the electrical picture would get clearer every year, because we are in a more stable environment now with KMEA and the EMP2 and trying to acquire other electrical options through them.
Mr. Howard stated that the reason they were not proposing to do the 5 mega watt unit now was that we should have a clearer picture in five years as to whether to pay the cost to keep it going or abandon it, so we would not want to spend the money now and then not need it. Mayor Taylor commented that if you add another $250,000, that money is not in the capital reserve to do that.
Commissioner Peltier asked if the warranty involved would be a problem if the City people do the electrical work. Mr. Hemphill commented that our personnel would be working directly with the manufacturer. Commissioner Peltier stated that he understood that, but he wanted to know if it would void any warranties that they have. Mr. Hemphill stated that it would not. Commissioner Peltier commented that they keep the warranty as long as it is done within their specs. Mr. Hemphill stated that was correct. Commissioner Peltier asked if that was in writing. Mr. Hemphill commented that he had not seen it, but could ask.
A motion by Commissioner Nystrom to approve the bid to Midstates Erectors in the amount of $540,406 for the cooling tower. The motion was seconded by Commissioner Peltier and carried unanimously.
CONSIDERATION AND APPROVAL OF 2010 CEREAL MALT BEVERAGE LICENSE RENEWALS:
Chief of Police Steve Holmes informed the Commission that the applications for the 2010 Cereal Malt Beverage licenses met requirements and City codes and he would recommend the Commission’s approval. Mayor Taylor commented that it looked like there were fewer applications than last year. City Clerk LuAnn Kramer informed the Commission that Legends Pub & Grill and El Dos De Oros had received liquor licenses from the State. A motion by Commissioner Nystrom to approve the 2010 license renewals as printed. The motion was seconded by Commissioner Peltier and carried unanimously.
CONSIDERATION AND APPROVAL OF THE PURCHASE OF A USED DUMP TRUCK FOR THE STREET DEPARTMENT:
Public Works Director Russell Rambat explained to the Commission that he had been contacted by Central Truck Equipment, Mr. Mitch Withers, about a furniture truck he had acquired that was in good condition. Mr. Rambat commented that, at times, when a local business comes across something that would benefit the City, they contact us. Mr. Rambat added that Mr. Withers felt that the truck was in excellent condition and had a new dump bed on it.
Mr. Rambat commented that budgeting for a new vehicle such as this over a few years could cost around $200,000, but this truck was priced at $18,500. Mr. Rambat stated that although this was not a budgeted item, there are times that we need to look at buying used equipment. Mr. Rambat added that we would also be trading in a 1983 dump truck that has over 100,000 miles on it.
Mr. Rambat explained that the cost of the 2001 International 4700 dump truck was $18,500 and they would also like to purchase four new recapped weather tread tires for $560 and a snow plow unit for $9,100. Mr. Rambat commented that with the $3,000 for the 1983 trade-in, the total requested would be $25,160. Mr. Rambat stated that the money was in the capital equipment reserve fund and that the value of $25,160 was a good value to the City and this would add an additional snow plow to our equipment.
A motion by Commissioner Hlavachick to approve the purchase of the 2001 International dump truck from Central Truck Equipment for $25,160. The motion was seconded by Commissioner Peltier and carried unanimously.
Commissioner Peltier requested a five minutes recess at 6:00 p.m. The meeting resumed at 6:05 p.m.
CONSIDERATION AND APPROVAL OF ORDINANCE ESTABLISHING CLASSIFICATION COMPENSATION FOR ELECTED OR APPOINTED OFFICERS AND CITY OF PRATT EMPLOYEES FOR THE 2010 BUDGET YEAR:
City Attorney Ken Van Blaricum commented that this ordinance updated everything approved in the 2010 budget. Commissioner Graf questioned why ‘K through O’ had $40,000 to $90,000 annually. Commissioner Nystrom stated that those were the salary ranges for those positions. Commissioner Graf asked if they make anywhere between $40,000 and $90,000. Mayor Taylor stated that they can and that they make a certain salary. Commissioner Graf questioned why we do not show a certain salary. Mayor Taylor explained that it was so we would not have to come in and change the ordinance if you had a change in personnel. City Manager Howard added that this was the salary range that was in the approved budget. Mr. Van Blaricum clarified that it gives flexibility. Mr. Howard stated that the personnel manual gives him the authority to give merit increases to not only these employees, but all City employees. Mayor Taylor commented that if there was a set amount and you do an increase, then you would have to pass another ordinance. Mr. Howard stated that the actual salary was approved in the budget. Mayor Taylor added that this information was also public record. Commissioner Graf asked if this was for a year at a time. Mayor Taylor stated that it was done every year. Commissioner Graf asked if the contracts were a year at a time also. Mr. Howard stated they were unless it was specified different in the contract.
The following Ordinance 0920 was then presented to the Commission for their approval: AN ORDINANCE AMENDING SECTION 2 OF ORDINANCE 0806 ESTABLISHING CLASSIFICATIONS COMPENSATION OF ALL ELECTED OR APPOINTED OFFICERS AND EMPLOYEES OF THE CITY OF PRATT, KANSAS, AND AMENDING SECTION 1 OF ORDINANCE 0806 ESTABLISHING THE COMPENSATION FOR SALARIED POSITIONS, AND REPEALING ORDINANCES INCONSISTENT THEREWITH. A motion by Commissioner Nystrom to approve Ordinance 0920 establishing classifications compensation of all elected or appointed officers and employees of the City of Pratt. The motion was seconded by Commissioner Hlavachick and carried unanimously.
CONSIDERATION AND APPROVAL OF THE AGREEMENTS LISTED BELOW:
• Agreement for Provisions of Public Defender Services (1 year term)
• Agreement for Pratt Municipal Judge (1 year term)
• Agreement for Pratt City Attorney (1 year term)
City Attorney Van Blaricum commented that these were the same contracts every year. Mr. Van Blaricum stated that Ms. Candice Lattin had been the public defender for the last couple of years and the contract for her had never changed. Commissioner Peltier asked if she had a private practice. Mr. Van Blaricum stated not really, but she was the County Attorney for Kiowa County and the public defender in Municipal Court. Mr. Van Blaricum stated that she does a nice job and he explained that if a person comes into Municipal Court and cannot afford an attorney, the Municipal Judge appoints Ms. Lattin.
Mr. Van Blaricum commented that the Municipal Judge was Mr. Robert Eisenhauer and his contract had not changed in the last two or three years. Mr. Van Blaricum stated that Mr. Eisenhauer was not asking for a raise.
Mr. Van Blaricum then explained that the last agreement was for the City Attorney. Mr. Van Blaricum commented that he, as City Attorney, was not asking for a raise and the actual compensation had gone down since Blue Cross Blue Shield had put the City of a tiered plan.
A motion by Commissioner Nystrom to approve the contracts for the Public Defender Candice Lattin, Municipal Judge Rob Eisenhauer and City Attorney Ken Van Blaricum. The motion was seconded by Commissioner Hlavachick and carried unanimously.
REPORTS:
City Manager
December projects:
City Manager Dave Howard explained that in December there were three large construction projects going on and they were Terry Richardson at the Industrial Park, the hotel and the optometrist. Mr. Howard added that there was also the potential of BTI starting a large building at the airport. Mr. Howard commented that the concrete people were saying that they have more work in December than they had in June and July.
Electric Department
Defect in Transformer:
Director of Electric Utilities Kelly Hemphill commented that on Friday they had discovered a defect in a tap changer on the main transformer. Mr. Hemphill stated that they had to operate the diesel generating units to pick up the City’s load. Mr. Hemphill explained that they had pulled the primary taps to the transformer to set the secondary taps to different locations; therefore, isolating the bad taps. Mr. Hemphill commented that in the next couple of months they would be doing inspections on that tap changer and replacing the defective part. Mr. Hemphill stated that this was maintenance that they do every two to three years anyway, but this one showed itself before time for the inspection.
Finance Department
Sales Tax:
Finance Director Diana Garten commented that the revenue for November was down again as expected, but that it was still up from 2007 by $62,800. Ms. Garten explained that we were down $40,000 from 2008, but 2008 was up $100,000 from 2007.
Power Plant
Fairbanks Morse:
Power Plant Superintendent Ernie Smith informed the Commission that Fairbanks Morse would be in next week to finish up the balancing of the engine and put the fine tune on it.
Question for Commissioner Graf:
Commissioner Nystrom questioned Commissioner Graf concerning the questions that the Commission had not answered on his behalf, which is what Commissioner Graf had told the Hutchinson News. Commissioner Graf stated that he had asked what was going on and he was told ‘nothing’ and that was it. Commissioner Nystrom stated that Commissioner Graf had said that he had asked other things and did not get the answer and he was curious what they were. Commissioner Nystrom added that he did not know what information Commissioner Graf had been deprived of. Commissioner Graf commented that he did not get a straight answer tonight about the wages, but he was going to take what they had said and go. Mayor Taylor asked ‘Straight answers as far as what?’. Commissioner Graf said that he was asking why it did not say what it was. Mayor Taylor answered that it was a range from $40,000 to $90,000 or from one figure to another. Mayor Taylor asked if Commissioner Graf understood what ‘range’ was. Commissioner Graf stated that he did. Mayor Taylor continued explaining that the salary was somewhere in between that and it was not done that way to prevent people from finding out what those people are being paid, but it was, as stated earlier, so that there were no complications if someone gets a merit raise or some other consideration.
Mayor Taylor stated that this information was available from 8:00 to 5:00 and it was not done to hide. Mayor Taylor commented that the answers to Commissioner Graf’s questions were answered twice, maybe three times. Commissioner Peltier asked if Commissioner Graf still did not understand it. Commissioner Graf stated to go on with it and that it was fine.
Mayor Taylor commented that this was a real concern of his also when he read that in the paper. Mayor Taylor added that he had not been asked a single question by Commissioner Graf or of City staff. Commissioner Graf stated that he had asked Mayor Taylor questions. Mayor Taylor stated that Commissioner Graf had called him up and asked if he was concerned about the Maple Street extension. Commissioner Graf commented that he had talked to Mayor Taylor about wages in the book the day of the budget hearing. Mayor Taylor commented that he did not remember that discussion, but he asked if he answered his question. Commissioner Graf stated that Mayor Taylor had told him that it was not right if that was what was said in the book and this was when the budget hearing was over. Commissioner Graf added that they had walked out front and stood in front of Mayor Taylor’s pick-up and talked about it. Mayor Taylor commented that he did not remember that.
Commissioner Peltier asked if Commissioner Graf understood the ordinance now. Commissioner Graf stated that he did.
Commissioner Peltier asked if there had been other issues and read from the Hutchinson News the statement made by Commissioner Graf. That statement read ‘I ask other things too and I never get straight answers’. Commissioner Peltier commented that he knew that the Hutchinson News could misquote what was said. Mayor Taylor commented that this was an opportunity for Commissioner Graf to clarify his point. Commissioner Graf stated that he had nothing to say. Commissioner Peltier asked if he was going to contact the newspaper. Commissioner Graf stated that he had not contacted the newspaper for the Commission’s information. Commissioner Peltier pointed out that Commissioner Graf’s name was there. Commissioner Graf repeated that he had not contacted the paper. Commissioner Peltier commented that he had not asked that, but that if Commissioner Graf had any questions, they would answer them. Commissioner Peltier added that the City Manager’s door was open and you could go in there anytime; which he had and never failed to get an answer.
Employee Christmas lunch:
Mayor Taylor reminded everyone that the annual Christmas party was from noon to 1:30 p.m. on December 17th at the Municipal Building and put on by the recreation staff.
ADJOURN:
A motion by Commissioner Hlavachick to adjourn. The motion was seconded by Commissioner Nystrom and carried unanimously.
_____________________________________
JEFF TAYLOR, Mayor
(SEAL)
ATTEST:
________________________________
LUANN KRAMER, City Clerk
DECEMBER 07, 2009
The Governing Body of the City of Pratt met in Regular session in the Commission Room located in City Hall.
PRESENT: Jeff Taylor Mayor
Bill Hlavachick Commissioner
Eric Nystrom Commissioner
Willy Peltier Commissioner
Victor Graf 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
Russell Rambat Public Works Director
Brad Blankenship Building Inspector
Kelly Hemphill Dir. of Electric Utilities
CALL TO ORDER:
Mayor Taylor called the regular meeting to order. The Mayor instructed the Clerk to note that all Commissioners were present.
Mayor Taylor reminded the audience that the meeting may be taped and/or recorded.
MINUTES:
A motion by Commissioner Nystrom to approve the minutes of the November 16, 2009 regular meeting. The motion was seconded by Commissioner Hlavachick and carried unanimously.
OPEN AGENDA:
No one in the audience wished to address the Commission.
BUSINESS:
CONSIDERATION AND APPROVAL OF RESOLUTION PERTAINING TO IRB’S FOR THE HOLIDAY INN EXPRESS:
City Manager Dave Howard introduced Ms. Sarah Steele with Gilmore and Bell and commented that she would be introducing Wilson Parmar’s information since he was not available. Ms. Steele commented that she had worked with the Parmar’s on pertaining Industrial Revenue Bonds to solely obtain a sales tax exemption certificate for their project. Ms. Steele stated that this was a unique transaction structure in that the company intends to purchase the IRB’s with proceeds from the loan that they have arranged with a local bank for the construction of the Holiday Inn Express. Ms. Steel explained that it was permissible under State law that they can purchase their own taxable IRB’s; which would be outstanding for a short amount of time to secure the tax exemption certificate.
Ms. Steele stated that there was a resolution for the Commission to consider that expresses the intent of issuing up to $5 ½ million in revenue bonds for the construction of the hotel. Ms. Steele explained that the resolution was currently an expression of intent and was subject to the preparation of the bond documents. Ms. Steele stated that they would be returning to the Commission at a later date with an ordinance that authorizes the issuance of the bonds, but the resolution this evening would allow them to get their sales tax exemption certificate so that they could begin construction.
Commissioner Peltier commented that there was no sales tax on labor on the new facility. Ms. Steele stated that was correct. Commissioner Peltier asked if the sales tax exemption was for approximately $2 ½ million in materials. Ms. Steele stated that was also correct, but it would also include furnishings. Commissioner Peltier questioned whether materials or furnishing were exempt if they were purchased in Missouri. Ms. Steele stated that she did not think that would be exempt, but it was an exemption throughout the State. City Manager Howard commented that if delivered here, it would be the destination sales tax of ¾ cents and that could be around $18,000 to $19,000 for the City. Ms. Steele explained that the Parmar’s would take the bank loan proceeds, buy the bonds that were being issued and use those bonds for construction.
Commissioner Nystrom questioned if the property tax abatement for ten years would apply since all the laws applicable to IRB’s apply. Ms. Steele stated that they were not seeking any type of property tax abatement, but she understood that there was a rebate program here. Mr. Howard commented that they had applied for that and he thought they had been accepted.
Commissioner Peltier asked what IRB’s were going for. Ms. Steele explained that when you are buying your own bonds, they are used to set a reasonable interest rate, which would be around 7%. Commissioner Nystrom asked if Ms. Steele could tell him how much the closing cost on something like this was. Ms. Steele stated that their fee was around $22,000 and that was going to be the primary expense.
Commissioner Nystrom commented that he knew why the Parmar’s were doing this, but questioned why we should do it. Mr. Howard explained that IRB’s were a tool developed a long time ago to encourage development within all communities. Mr. Howard added that the hotel would be paying sales and lodging tax once they are open. Commissioner Nystrom commented that IRB’s had to go through a municipality or taxing entity. Ms. Steele stated that was correct, but there was no obligation to the municipality in any way and does not affect the City’s debt. Ms. Steele explained that if it is a true IRB and the company would go bankrupt, there would be no impact to the City.
Commissioner Peltier questioned Finance Director Diana Garten on the amount of bed tax the City brings in. Ms. Garten explained that the bed tax was 7% of what they take in and the City receives over $160,000 from all of the hotels. Commissioner Peltier commented that we would get this back in a year. Ms. Garten stated that we would. Mr. Howard commented that the motels play into the economy and we have been promoting different events in the community since the Green Sports Complex was built and we have to have decent hotel and motel space. Mr. Howard added that they create an alternative revenue source and the success of the motels depends on how successfully we promote events in the community.
Commissioner Hlavachick questioned if we had done this before. Mr. Howard stated that we had done it for Parkwood Village’s Alzheimer’s facility and the original Wal-Mart had used IRB’s.
The following Resolution 120709 was then presented to the Commission for their approval: A RESOLUTION OF THE GOVERNING BODY OF THE CITY OF PRATT, KANSAS DETERMINING THE ADVISABILITY OF ISSUING TAXABLE INDUSTRIAL REVENUE BONDS OF SAID CITY FOR THE PURPOSE OF FINANCING THE ACQUISITION, CONSTRUCTION, INSTALLATION, FURNISHING AND EQUIPPING OF A COMMERCIAL HOTEL FACILITY TO BE LOCATED IN SAID CITY. A motion by Commissioner Hlavachick to approve Resolution 120709 determining the advisability of issuing taxable Industrial Revenue Bonds for the purpose of financing the acquisition, construction, installation, furnishing and equipping of a hotel facility to be located in Pratt. The motion was seconded by Commissioner Nystrom and carried with four approved votes and one abstained vote by Mayor Taylor due to his relationship with the bank.
DISCUSSION CONCERNING LOGO DESIGN:
Chamber Director Brian Hoffman informed the Commission that Diana Garten, Russell Rambat and he had visited with Luminous Neon Inc. about new signs and a new logo for the City of Pratt. Mr. Hoffman commented that their goal was to update the logo so that it could be used universally and it would be just for Pratt.
Ms. Marj Johnson from Luminous Neon Inc. stated that she wanted to get the Commission’s initial reaction and would show them how it was developed. Ms. Johnson commented that she would be retiring and she introduced her replacement, Ms. Mitzi Heeney. Ms. Johnson explained that there were three logos to consider and that it took six months to design them. Ms. Johnson commented that she felt there was a good cross section of designs and they had used colors that were used by the Chamber and City websites.
Ms. Johnson commented that the packets that were given to the Commission contained conceptual ideas such as a large sign at the corner of the intersection at the Business Park along with a smaller one showing the businesses there. Mr. Hoffman commented that they wanted to get the Commission’s gut reaction to see if they were moving in the right direction. Commissioner Peltier commented that he felt the colors were cold and uninviting. City Manager Howard commented that they had stayed with the old blue color.
Mayor Taylor commented that he felt that the committee could determine which of the three logos to use. Commissioner Nystrom commented that people make mistakes giving too much design on signs and added that he preferred the top design they were given. Commissioner Peltier agreed.
Mr. Hoffman thanked the Commission for taking the time to review the designs and they would move forward with the project.
CONSIDERATION AND APPROVAL OF APPOINTMENTS TO THE TRAVEL AND TOURISM BOARD:
Chamber Director Brian Hoffman recommended to the Commission that Diana Garten, Deb Goyen, Bev Aldrich and Ken Brown be reappointed to serve on the Travel and Tourism Board for three years. Mr. Hoffman explained that Mr. Brown was hesitant to accept another term, but things in his job had changed and he was willing to serve on the board for another three years. A motion by Commissioner Hlavachick to accept the recommendation of Mr. Hoffman to appoint Diana Garten, Deb Goyen, Bev Aldrich and Ken Brown to a three year term on the Travel and Tourism Board. The motion was seconded by Commissioner Peltier and carried unanimously.
CONSIDERATION AND APPROVAL OF BID FOR THE COOLING TOWER REPLACEMENT:
Director of Electric Utilities Kelly Hemphill informed the Commission that he had sent out two proposals for the south cooling tower and two were returned. Mr. Hemphill commented that they had taken heavy consideration and decided that they needed a tower with better efficiency. Mr. Hemphill added that the old tower had been there for forty years and they were designed to last thirty. Mr. Hemphill stated that K.I.T.S. Mfg., Inc. had submitted a proposal of $718,398 with no electrical work or sales tax and Midstates Erectors, Inc. had submitted a proposal of $601,531. Mr. Hemphill stated that Midstates Erectors had agreed that the City of Pratt could do the electrical portion; which should not be an issue with weather or man power. Mr. Hemphill commented that with the electrical portion removed from the proposal from Midstates Erectors, it left a balance with sales tax included of $540,406; therefore, he would recommend the bid not to exceed $540,406 from Midstates Erectors.
Mr. Hemphill commented that this was the same company that had installed the piping and plumbing on units six and seven so we were familiar with each other and they do good work. City Manager Howard commented that this had been budgeted for since the year before he had started and the plan had been to do it in 2007 except there were high steel copper prices, so they had held back going out for bids. Mr. Howard stated that prices had come down, which made the value we were getting here excellent compared to 2007 and there was about $660,000 budgeted for this project.
Commissioner Peltier questioned if we should up size this tower to handle everything as had been discussed originally. Mr. Hemphill stated that we were doing that somewhat. Commissioner Peltier asked if we were just replacing what we have. Mr. Hemphill stated that we were, but this tower would be able to accommodate the 1 mega watt diesel, but not the 5 mega watt unit. Commissioner Peltier asked what it would take to accommodate 20 mega watts. Mr. Hemphill stated that it would take a tower twice the size of this one, but you would not find the cost efficiencies that you would like to see. Mayor Taylor questioned if the north tower would handle the 5 mega watt. Mr. Hemphill stated that it should for three to eight years although it was weathered and aged. Commissioner Peltier asked if we would be going back in five years and building a new tower. Mr. Hemphill explained that even if maintained we could, but that it does have good life expectancy. Commissioner Peltier commented that if we could be doing this again in five years, why not take care of it now and avoid those costs later on. Commissioner Nystrom commented that we would be assuming that we were going to continue to produce the 5 megs. Mr. Howard commented that the question from an electrical stand point would be what the value of the 5 mega watt unit is.
Mr. Howard explained that when you are negotiating the price of electricity, there is a value in having this reserve capacity they are willing to pay us for and that has not been finalized yet, so we do not know what the value of the 5 mega watt unit is to us. Mr. Howard added that part of the value of replacing the cooling tower was that we have a unit that we can bring up and utilize in case we lose our tie. Mr. Howard commented that with the scenario we have now is that not only can we carry our own load, but we can produce with that reserve capacity and there was a value for that on the market. Mr. Howard stated that the 5 mega watt has a different value than the 14 in that the value of that unit lies in what it is worth in capacity to our suppliers and that can lower our electrical rates. Commissioner Peltier commented that he knows the value of the unit, but wondered if we should build a cooling tower big enough to carry both the 5 and 14 mega watt units. Mr. Howard commented that the electrical picture would get clearer every year, because we are in a more stable environment now with KMEA and the EMP2 and trying to acquire other electrical options through them.
Mr. Howard stated that the reason they were not proposing to do the 5 mega watt unit now was that we should have a clearer picture in five years as to whether to pay the cost to keep it going or abandon it, so we would not want to spend the money now and then not need it. Mayor Taylor commented that if you add another $250,000, that money is not in the capital reserve to do that.
Commissioner Peltier asked if the warranty involved would be a problem if the City people do the electrical work. Mr. Hemphill commented that our personnel would be working directly with the manufacturer. Commissioner Peltier stated that he understood that, but he wanted to know if it would void any warranties that they have. Mr. Hemphill stated that it would not. Commissioner Peltier commented that they keep the warranty as long as it is done within their specs. Mr. Hemphill stated that was correct. Commissioner Peltier asked if that was in writing. Mr. Hemphill commented that he had not seen it, but could ask.
A motion by Commissioner Nystrom to approve the bid to Midstates Erectors in the amount of $540,406 for the cooling tower. The motion was seconded by Commissioner Peltier and carried unanimously.
CONSIDERATION AND APPROVAL OF 2010 CEREAL MALT BEVERAGE LICENSE RENEWALS:
Chief of Police Steve Holmes informed the Commission that the applications for the 2010 Cereal Malt Beverage licenses met requirements and City codes and he would recommend the Commission’s approval. Mayor Taylor commented that it looked like there were fewer applications than last year. City Clerk LuAnn Kramer informed the Commission that Legends Pub & Grill and El Dos De Oros had received liquor licenses from the State. A motion by Commissioner Nystrom to approve the 2010 license renewals as printed. The motion was seconded by Commissioner Peltier and carried unanimously.
CONSIDERATION AND APPROVAL OF THE PURCHASE OF A USED DUMP TRUCK FOR THE STREET DEPARTMENT:
Public Works Director Russell Rambat explained to the Commission that he had been contacted by Central Truck Equipment, Mr. Mitch Withers, about a furniture truck he had acquired that was in good condition. Mr. Rambat commented that, at times, when a local business comes across something that would benefit the City, they contact us. Mr. Rambat added that Mr. Withers felt that the truck was in excellent condition and had a new dump bed on it.
Mr. Rambat commented that budgeting for a new vehicle such as this over a few years could cost around $200,000, but this truck was priced at $18,500. Mr. Rambat stated that although this was not a budgeted item, there are times that we need to look at buying used equipment. Mr. Rambat added that we would also be trading in a 1983 dump truck that has over 100,000 miles on it.
Mr. Rambat explained that the cost of the 2001 International 4700 dump truck was $18,500 and they would also like to purchase four new recapped weather tread tires for $560 and a snow plow unit for $9,100. Mr. Rambat commented that with the $3,000 for the 1983 trade-in, the total requested would be $25,160. Mr. Rambat stated that the money was in the capital equipment reserve fund and that the value of $25,160 was a good value to the City and this would add an additional snow plow to our equipment.
A motion by Commissioner Hlavachick to approve the purchase of the 2001 International dump truck from Central Truck Equipment for $25,160. The motion was seconded by Commissioner Peltier and carried unanimously.
Commissioner Peltier requested a five minutes recess at 6:00 p.m. The meeting resumed at 6:05 p.m.
CONSIDERATION AND APPROVAL OF ORDINANCE ESTABLISHING CLASSIFICATION COMPENSATION FOR ELECTED OR APPOINTED OFFICERS AND CITY OF PRATT EMPLOYEES FOR THE 2010 BUDGET YEAR:
City Attorney Ken Van Blaricum commented that this ordinance updated everything approved in the 2010 budget. Commissioner Graf questioned why ‘K through O’ had $40,000 to $90,000 annually. Commissioner Nystrom stated that those were the salary ranges for those positions. Commissioner Graf asked if they make anywhere between $40,000 and $90,000. Mayor Taylor stated that they can and that they make a certain salary. Commissioner Graf questioned why we do not show a certain salary. Mayor Taylor explained that it was so we would not have to come in and change the ordinance if you had a change in personnel. City Manager Howard added that this was the salary range that was in the approved budget. Mr. Van Blaricum clarified that it gives flexibility. Mr. Howard stated that the personnel manual gives him the authority to give merit increases to not only these employees, but all City employees. Mayor Taylor commented that if there was a set amount and you do an increase, then you would have to pass another ordinance. Mr. Howard stated that the actual salary was approved in the budget. Mayor Taylor added that this information was also public record. Commissioner Graf asked if this was for a year at a time. Mayor Taylor stated that it was done every year. Commissioner Graf asked if the contracts were a year at a time also. Mr. Howard stated they were unless it was specified different in the contract.
The following Ordinance 0920 was then presented to the Commission for their approval: AN ORDINANCE AMENDING SECTION 2 OF ORDINANCE 0806 ESTABLISHING CLASSIFICATIONS COMPENSATION OF ALL ELECTED OR APPOINTED OFFICERS AND EMPLOYEES OF THE CITY OF PRATT, KANSAS, AND AMENDING SECTION 1 OF ORDINANCE 0806 ESTABLISHING THE COMPENSATION FOR SALARIED POSITIONS, AND REPEALING ORDINANCES INCONSISTENT THEREWITH. A motion by Commissioner Nystrom to approve Ordinance 0920 establishing classifications compensation of all elected or appointed officers and employees of the City of Pratt. The motion was seconded by Commissioner Hlavachick and carried unanimously.
CONSIDERATION AND APPROVAL OF THE AGREEMENTS LISTED BELOW:
• Agreement for Provisions of Public Defender Services (1 year term)
• Agreement for Pratt Municipal Judge (1 year term)
• Agreement for Pratt City Attorney (1 year term)
City Attorney Van Blaricum commented that these were the same contracts every year. Mr. Van Blaricum stated that Ms. Candice Lattin had been the public defender for the last couple of years and the contract for her had never changed. Commissioner Peltier asked if she had a private practice. Mr. Van Blaricum stated not really, but she was the County Attorney for Kiowa County and the public defender in Municipal Court. Mr. Van Blaricum stated that she does a nice job and he explained that if a person comes into Municipal Court and cannot afford an attorney, the Municipal Judge appoints Ms. Lattin.
Mr. Van Blaricum commented that the Municipal Judge was Mr. Robert Eisenhauer and his contract had not changed in the last two or three years. Mr. Van Blaricum stated that Mr. Eisenhauer was not asking for a raise.
Mr. Van Blaricum then explained that the last agreement was for the City Attorney. Mr. Van Blaricum commented that he, as City Attorney, was not asking for a raise and the actual compensation had gone down since Blue Cross Blue Shield had put the City of a tiered plan.
A motion by Commissioner Nystrom to approve the contracts for the Public Defender Candice Lattin, Municipal Judge Rob Eisenhauer and City Attorney Ken Van Blaricum. The motion was seconded by Commissioner Hlavachick and carried unanimously.
REPORTS:
City Manager
December projects:
City Manager Dave Howard explained that in December there were three large construction projects going on and they were Terry Richardson at the Industrial Park, the hotel and the optometrist. Mr. Howard added that there was also the potential of BTI starting a large building at the airport. Mr. Howard commented that the concrete people were saying that they have more work in December than they had in June and July.
Electric Department
Defect in Transformer:
Director of Electric Utilities Kelly Hemphill commented that on Friday they had discovered a defect in a tap changer on the main transformer. Mr. Hemphill stated that they had to operate the diesel generating units to pick up the City’s load. Mr. Hemphill explained that they had pulled the primary taps to the transformer to set the secondary taps to different locations; therefore, isolating the bad taps. Mr. Hemphill commented that in the next couple of months they would be doing inspections on that tap changer and replacing the defective part. Mr. Hemphill stated that this was maintenance that they do every two to three years anyway, but this one showed itself before time for the inspection.
Finance Department
Sales Tax:
Finance Director Diana Garten commented that the revenue for November was down again as expected, but that it was still up from 2007 by $62,800. Ms. Garten explained that we were down $40,000 from 2008, but 2008 was up $100,000 from 2007.
Power Plant
Fairbanks Morse:
Power Plant Superintendent Ernie Smith informed the Commission that Fairbanks Morse would be in next week to finish up the balancing of the engine and put the fine tune on it.
Question for Commissioner Graf:
Commissioner Nystrom questioned Commissioner Graf concerning the questions that the Commission had not answered on his behalf, which is what Commissioner Graf had told the Hutchinson News. Commissioner Graf stated that he had asked what was going on and he was told ‘nothing’ and that was it. Commissioner Nystrom stated that Commissioner Graf had said that he had asked other things and did not get the answer and he was curious what they were. Commissioner Nystrom added that he did not know what information Commissioner Graf had been deprived of. Commissioner Graf commented that he did not get a straight answer tonight about the wages, but he was going to take what they had said and go. Mayor Taylor asked ‘Straight answers as far as what?’. Commissioner Graf said that he was asking why it did not say what it was. Mayor Taylor answered that it was a range from $40,000 to $90,000 or from one figure to another. Mayor Taylor asked if Commissioner Graf understood what ‘range’ was. Commissioner Graf stated that he did. Mayor Taylor continued explaining that the salary was somewhere in between that and it was not done that way to prevent people from finding out what those people are being paid, but it was, as stated earlier, so that there were no complications if someone gets a merit raise or some other consideration.
Mayor Taylor stated that this information was available from 8:00 to 5:00 and it was not done to hide. Mayor Taylor commented that the answers to Commissioner Graf’s questions were answered twice, maybe three times. Commissioner Peltier asked if Commissioner Graf still did not understand it. Commissioner Graf stated to go on with it and that it was fine.
Mayor Taylor commented that this was a real concern of his also when he read that in the paper. Mayor Taylor added that he had not been asked a single question by Commissioner Graf or of City staff. Commissioner Graf stated that he had asked Mayor Taylor questions. Mayor Taylor stated that Commissioner Graf had called him up and asked if he was concerned about the Maple Street extension. Commissioner Graf commented that he had talked to Mayor Taylor about wages in the book the day of the budget hearing. Mayor Taylor commented that he did not remember that discussion, but he asked if he answered his question. Commissioner Graf stated that Mayor Taylor had told him that it was not right if that was what was said in the book and this was when the budget hearing was over. Commissioner Graf added that they had walked out front and stood in front of Mayor Taylor’s pick-up and talked about it. Mayor Taylor commented that he did not remember that.
Commissioner Peltier asked if Commissioner Graf understood the ordinance now. Commissioner Graf stated that he did.
Commissioner Peltier asked if there had been other issues and read from the Hutchinson News the statement made by Commissioner Graf. That statement read ‘I ask other things too and I never get straight answers’. Commissioner Peltier commented that he knew that the Hutchinson News could misquote what was said. Mayor Taylor commented that this was an opportunity for Commissioner Graf to clarify his point. Commissioner Graf stated that he had nothing to say. Commissioner Peltier asked if he was going to contact the newspaper. Commissioner Graf stated that he had not contacted the newspaper for the Commission’s information. Commissioner Peltier pointed out that Commissioner Graf’s name was there. Commissioner Graf repeated that he had not contacted the paper. Commissioner Peltier commented that he had not asked that, but that if Commissioner Graf had any questions, they would answer them. Commissioner Peltier added that the City Manager’s door was open and you could go in there anytime; which he had and never failed to get an answer.
Employee Christmas lunch:
Mayor Taylor reminded everyone that the annual Christmas party was from noon to 1:30 p.m. on December 17th at the Municipal Building and put on by the recreation staff.
ADJOURN:
A motion by Commissioner Hlavachick to adjourn. The motion was seconded by Commissioner Nystrom and carried unanimously.
_____________________________________
JEFF TAYLOR, Mayor
(SEAL)
ATTEST:
________________________________
LUANN KRAMER, City Clerk
Thursday, December 17, 2009
11/16/09 Approved City Commission Minutes
MONDAY
NOVEMBER 16, 2009
The Governing Body of the City of Pratt met in Regular session in the Commission Room located in City Hall.
PRESENT: Jeff Taylor Mayor
Bill Hlavachick Commissioner
Eric Nystrom Commissioner
Willy Peltier Commissioner
Victor Graf Commissioner
ALSO PRESENT: Dave Howard City Manager
LuAnn Kramer City Clerk
Ken Van Blaricum City Attorney
Diana Garten Finance Director
Russell Rambat Public Works Director
Brad Blankenship Building Inspector
Kelly Hemphill Dir. of Electric Utilities
Bruce Pinkall Recreation Director
Gary Myers Asst. Police Chief
CALL TO ORDER:
Mayor Taylor called the regular meeting to order. The Mayor instructed the Clerk to note that all Commissioners were present.
Mayor Taylor reminded the audience that the meeting may be taped and/or recorded.
MINUTES:
A motion by Commissioner Nystrom to approve the minutes of the November 02, 2009 regular meeting. The motion was seconded by Commissioner Graf and carried with four approved votes and one abstain vote from Commissioner Hlavachick.
OPEN AGENDA:
Comment on Maple Street:
Ms. El Vena Barnes of 592 Terrace Drive commented to the Commission that many people were having a problem with the highway. Ms. Barnes stated that the neighborhood had been there for a long time and people have lived and played there. Mayor Taylor corrected Ms. Barnes in that this was not going to be a State or Federal highway. Ms. Barnes commented that it would be cutting the neighborhood in half and she wanted the Commission to make the choice to go around the neighborhood.
Ms. Barnes took an imaginary trip with the Commission to make a point to show how many people would have to back out of their garages onto this highway. Ms. Barnes stated that this would be a highway and the traffic flow would increase to get to Highway 61. Ms. Barnes commented that this was a sick idea and it should not go through her neighborhood. Ms. Barnes commented that this land was purchased by the increases in utilities and would go in choice pockets. Ms. Barnes stated that she did not want this extension compared to Sixth Street and asked for the Commission to help her neighborhood.
PRESENTATION OF 2009 CAPACITY DEVELOPMENT ACHIEVEMENT AWARD TO KELVIN CLAY, WATER SUPERINTENDENT:
Mr. Allen Guernsey, from the Kansas Department of Health and Environment, presented Mr. Kelvin Clay, Water Superintendent, an award of excellence in demonstrating technical, financial and managerial capacity. Mr. Guernsey explained that there were only ten awards made this year and Pratt was the only award serving a population of 3,301 to 10,000. Mr. Guernsey stated that this was a good job by Mr. Clay in providing a safe water supply to the City of Pratt.
Mayor Taylor and the Commission thanked Mr. Clay for his hard work. Mr. Clay commented that this was a team effort. Mayor Taylor stated that congratulations should be passed on to the others in his department.
RECOGNITION OF DENNIS COX, LINEMAN CREW CHIEF, FOR RECEIVING THE 2009 DARYLE NIELSEN DISTINGUISHED SERVICE AWARD:
Director of Electric Utilities Kelly Hemphill commented that Mr. Dennis Cox had received the 2009 Daryle Nielsen Award at the KMEA Annual Conference. Mr. Hemphill explained that he had submitted Mr. Cox as a candidate, because he had, along with other crew members, uncovered people during the Greensburg disaster. Mr. Hemphill commented that Mr. Cox was worthy of the award. City Manager Dave Howard commented that we are part of the KMEA Mutual Aid program and that all the guys have responded to other communities and communities have also responded to ours. Mr. Howard stated that he was not surprised that Mr. Cox had received this award. Mr. Cox thanked the Commission for the opportunity to do other things for other people and added that he could not do it without his crew.
Mayor Taylor asked how much time had been spent in Greensburg. Mr. Cox stated that they had spent two weeks in Greensburg. Mr. Hemphill added that they had worked eighteen to twenty hour days. Mayor Taylor commented that we had also received helped at times and that it was a neat effort to combine with others and help out. Mr. Cox stated that it was nice to have other communities help also and that you make a lot of new friendships through the program.
PRESENTATION OF SERVICE AWARDS TO CITY EMPLOYEES:
Mayor Taylor presented several employees with their service awards for the years of employment with the City of Pratt. Mayor Taylor and the Commission thanked the employees for their knowledge and training in their positions and added that they appreciate their years of service to the City.
CONSIDERATION AND APPROVAL OF APPOINTMENTS TO THE RECREATION ADVISORY BOARD:
Recreation Director Bruce Pinkall commented that these appointments had been available for awhile and that the second person had called and asked to be put on hold. Mr. Pinkall informed the Commission that the second position would be filled the first meeting in December.
Mr. Pinkall stated that Mr. Matt Hecker had agreed to serve on the Recreation Advisory Board and that he was active in open gym and the youth programs. Mr. Pinkall added that Mr. Hecker was also active in numerous programs in the City and would be a good addition to the board. A motion by Commissioner Hlavachick to approve the appointment of Mr. Matt Hecker to the Pratt Recreation Advisory Board. Commissioner Peltier seconded the motion and it passed unanimously.
UPDATE ON THE GREEN SPORTS COMPLEX AND DISCUSSION ON BLEACHER COVERS:
Recreation Director Pinkall commented that the tournaments scheduled for the 2009 season at the Green Sports Complex were from May to July and that the 2010 schedule would expand that time frame. Mr. Pinkall explained that there would be wooden bat events in 2010 and that they were working with a company out of Kansas City. Mr. Pinkall explained that this would give the company an opportunity to sell their bats with the move in baseball to go to wooden bats. Mr. Pinkall stated that there are tournaments scheduled every weekend in 2010.
Mr. Pinkall commented that the USSSA had promoted their tournament to smaller communities west of Wichita due to a concern that some teams were getting out played. Mr. Pinkall stated that some tournaments were well established in Pratt with the 12 and under Hap Dumont State tournament being one that we have hosted for fifteen years. Mr. Pinkall added that we have also held the 13 and under Hap Dumont World Series for three years. Commissioner Peltier questioned why we do not do anything in August. Mr. Pinkall stated that the season is over and his summer staff has left. Mr. Pinkall commented that there are adult events, such as co-ed softball, that continue until October.
Mr. Pinkall gave a power point presentation that gave an overview of Green Sports Complex, starting with the grand opening in 2004 and the sunset of the sales tax involved. Mr. Pinkall pointed out that in 2005 the two north fields received bleacher covers, sprinklers were installed in the interior and they began seeding the interior grass. Mr. Pinkall commented that in 2006 there was the construction of the entrance sign and the first shelter house was constructed, while in 2007 there was the dedication of the Smoky Ford Field and the paving of the parking lot. Mr. Pinkall stated that in 2008 the playground equipment was installed, benches and the interior sidewalk were expanded, and the second shelter house was constructed. Mr. Pinkall commented that what has happened in 2009 is that they completed the fencing between the south fields, the third shelter house is under construction, over seeding of the interior grass continues, sidewalk and benches are in place by the playground, and Mr. George Brown planted seventy-five trees.
Mr. Pinkall explained that the 2010 project would include the completion of the third shelter house, completion of the sidewalks around the dugouts, bleacher covers for the two south fields, and begin planting interior trees. Mr. Pinkall stated that all the fields would be handicap assessable. Commissioner Peltier questioned if there would ever be handicap baseball. Mr. Pinkall stated that there could be and that might include people who are in wheelchairs, blind and physically challenged. Mr. Pinkall added that they have done that in the past for the beginning levels by letting their parents or an adult be on the field with them.
Mr. Pinkall commented that the bleacher covers were a big project and the money for them would come from the tournament proceeds account; which at the end of this project would be depleted. Mr. Pinkall explained that the total cost of the four bleacher covers for the south end would be $32,000 or $8,000 per bleacher. Mr. Pinkall commented that they would be the same design to match the Sports Complex.
Mr. Pinkall stated that the Green Sports Complex had been open for six successful summers due to the vision of the Commission, the Parks and Recreation Advisory Board, and the citizens of Pratt and that vision has created a first class recreational facility. Mr. Pinkall commented that during the grand opening he had stated ‘Getting people to come together is a start. Getting them to stay together is progress. Getting them to work together is Success!’ and the Green Sports Complex was a City of Pratt success story.
Mr. Pinkall commented that he would like to continue with the bleacher cover project. Commissioner Peltier questioned when it would be done. Mr. Pinkall stated that it would begin this spring and be done by next season. Commissioner Peltier asked if Jorns Construction had given us a discount before. Mr. Pinkall stated that he had. Commissioner Peltier questioned if there was money in the fund to cover the cost of the bleacher covers. Finance Director Diana Garten stated that there was and it was in the 2010 budget.
City Manager Dave Howard commented that Mr. Jorns had done the work before. Mayor Taylor commented that he was involved in the construction of the press box at Lemon’s Park also. Mr. Pinkall added that Mr. Jorns had donated that work. Mayor Taylor stated that he did not have to donate what he did, but it was a great addition to that park. Mr. Pinkall commented that Mr. Jorns had assisted in the purchasing of the flag pole at the Sports Complex and had done other little things and that he was committed to this project.
A motion by Commissioner Peltier to accept the bid from Jorns Construction of $32,000 for four bleacher covers. The motion was seconded by Commissioner Hlavachick and carried unanimously.
Mayor Taylor commented that Mr. Pinkall had done a wonderful job getting tournaments established and he had talked to a lot of people that compliment the Complex. Mr. Pinkall commented that he had sent information to a lot of communities that are trying to do something similar and they are facing challenges and are amazed at the cooperation in Pratt. Mr. Pinkall added that friendly businesses and the cleanliness of the community also brings people to town.
CONSIDERATION AND APPROVAL OF LOW BID FOR 1 REPLACEMENT INDOOR MAGNE BLAST BREAKER:
Director of Electric Utilities Kelly Hemphill stated that this breaker was for an indoor cabinet and the wisest choice was to replace the 4160 voltage with a higher voltage. Mr. Hemphill commented that there is a need to make these circuits as safe operator maintained as possible. Mr. Hemphill explained that there was a cheap alternative solution that would last for about ten to fifteen years while we are getting the circuits rebuilt and this would be done gradually to prevent a huge impact on the budget.
Mr. Hemphill commented that these breakers would work as an internal fix and that there are three out of fifteen that are dangerous. Mr. Hemphill stated that the best thing to do to make them safe to work around would be to replace three of the high volt breakers. Mr. Hemphill added that these breakers can be gone through, reconditioned and used as spares. Mr. Hemphill explained that an engineer brought up a few years ago that the 4160 circuits were not creating the amount of electrical loss that would, in a near future time frame, justify converting them. Mr. Hemphill commented that in thirty to fifty years it would pay to convert the circuits, so we need to work towards building them.
Commissioner Peltier questioned that there were three that were dangerous. Mr. Hemphill explained that there were three that were in a high volt fault, which means that there is always a current there. City Manager Howard commented that they were dangerous to work around, but the men are trained and have worked around them for years. Commissioner Peltier asked if it was so critical to replace them, why we were only replacing two and not three. Mr. Hemphill stated that we were replacing one now due to budget. Commissioner Peltier asked if we were putting anyone in harm’s way by not replacing all three. Mr. Hemphill commented that we were not. Mr. Howard added that there are safer breakers and safer ways to do it than when these things were made and it was time to transition into doing that.
Mr. Hemphill explained that two bids had been sent out and two had been returned. Mr. Hemphill commented that Stanion Wholesale Electric had bid $15,901.20 with an eighteen week delivery time and Flatland Testing had bid $14,947.39 with an eighteen week delivery time. Mr. Hemphill commented that even with the 5% given to the local vendor, Stanion Wholesale Electric was above Flatland Testing; therefore, he would recommend the low bid from Flatland Testing in the amount of $14,947.39. A motion by Commissioner Nystrom, on the recommendation of Mr. Hemphill, to accept the quote of $14,947.39 from Flatland Testing for the breaker. The motion was seconded by Commissioner Hlavachick and carried unanimously.
CONSIDERATION AND APPROVAL OF ORDINANCE ANNEXING PROPERTY EAST OF GREEN SPORTS COMPLEX TO THE CITY OF PRATT:
City Attorney Ken Van Blaricum commented that this ordinance would annex the property east of Green Sports Complex into the City and the City currently owns that property. Mr. Van Blaricum explained that this involves two tracts of land. Commissioner Peltier asked if there was any more land than that. Mr. Howard commented that the City owns both tracts and that Mr. Green had actually donated it to the City. Mr. Howard explained that we were doing it now because we have to do a boundary correction for the other property that was annexed earlier, so we would do one big correction.
The following Ordinance 0918 was then presented to the Commission for their approval: AN ORDINANCE ANNEXING LAND TO THE CITY OF PRATT, KANSAS. A motion by Commissioner Peltier to accept Ordinance 0918 annexing land to the City of Pratt. The motion was seconded by Commissioner Hlavachick and carried unanimously.
CONSIDERATION AND APPROVAL OF ORDINANCE ANNEXING A PORTION OF FINCHAM STREET TO THE CITY OF PRATT:
City Attorney Van Blaricum stated that this was the same idea and involved the southern part of Fincham Street. Commissioner Peltier questioned if the property west of Fincham Street was part of the City. Mr. Howard stated that it was not. Mr. Howard commented that there were discussions with that property owner, or controller, on the potential of developing that property along with annexing it and zoning it, but it was a slow process.
The following Ordinance 0919 was then presented to the Commission for their approval: AN ORDINANCE ANNEXING LAND TO THE CITY OF PRATT, KANSAS. A motion by Commissioner Nystrom to approve Ordinance 0919 annexing a portion of Fincham Street into the City of Pratt. The motion was seconded by Commissioner Peltier and carried unanimously.
CONSIDERATION AND APPROVAL OF RESOLUTION EXEMPTING THE CITY FROM THE REQUIREMENTS OF K.S.A. 75-1120a(a):
City Attorney Van Blaricum commented that this was a State statute that requires us to exempt out of the General Accepted Accounting Principles. Finance Director Garten explained that we report our financial statements on a cash basis, which is what the procedure is for most municipalities. Ms. Garten added that to do that, we have to opt out of General Accepted Accounting Principles. Ms. Garten commented that the only difference in GAAP and cash basis is that you are reporting accrual liabilities and accounts receivable.
The following Resolution 111609 was then presented to the Commission for their approval: A RESOLUTION EXEMPTING THE CITY OF PRATT, KANSAS FROM THE REQUIREMENTS OF K.S.A. 75-1120a(a) PROVIDING FOR UNIFORM SYSTEM OF FISCAL PROCEDURES, ACCOUNTING, AND REPORTING FOR MUNICIPALITIES.
A motion by Commissioner Hlavachick to approve Resolution 111609 exempting the City of Pratt from certain requirements of K.S.A. 75-1120a(a). The motion was seconded by Commissioner Graf and carried unanimously.
REPORTS:
City Manager:
• Meeting with PCC about soccer:
City Manager Howard informed the Commission that Mr. Pinkall and he would be meeting with Dr. Wojociechowski, and the PCC coaches concerning a soccer team and developing a short term plan on where they could play. Mr. Howard stated that the area where soccer is played now has parking problems and it had been discussed that those games be switched to other areas. Mr. Howard stated that there had been discussion about the property east of the Sports Complex being used for a track and soccer field, but that would be an expensive development and would come before the Commission before any decision was made.
• New Hotel:
Mr. Howard commented that there had been a private ground breaking ceremony for the new hotel and the owners were complimentary of Pratt. Mr. Howard stated that the IRB’s for the new hotel would be on the next agenda. Commissioner Peltier questioned why they went that way. Mr. Howard stated that it was a tax advantage and a financing mechanism.
• Winter preparedness meeting:
Mr. Howard commented that he had attended a winter preparedness meeting with Mr. Hemphill and Mr. Rambat to talk about how we operate during a storm. Mr. Howard stated that it was also attended by highway patrol, EMT’s, and nurses.
Public Works:
• North Main Project:
Public Works Director Russell Rambat informed the Commission that he was working with KDOT on some of the final steps to let the project on North Main in December. Mr. Rambat commented that this project would happen in the spring and was funded by the ARRA money.
• Sidewalk at Lemon’s Park:
Mr. Rambat commented that the sidewalk was completed into Lemon’s Park and Mr. Mark Eckhoff would be planting grass and the street department would be finishing up the boxes to make this a nice even area.
Building Inspections:
• 517 S. Hamilton:
Building Inspector Brad Blankenship commented that the property at 517 South Hamilton had been cleaned up and that this had been ongoing since February.
• Maydew/Thibault Clinic:
Mr. Blankenship commented that the eye clinic for Maydew/Thibault Clinic was off and running.
• Fire Station:
Mr. Blankenship informed the Commission that the heating system was completed at the fire station and everything had gone well with that.
Electric Department:
• Diesel testing:
Director of Electric Utilities Kelly Hemphill commented that the diesel testing was complete and they were waiting on the technicians to do their testing and complete the calibration on it. Mr. Hemphill commented that the engine was capable of operating at seven mega watts, but was not very viable for EMP2 operations. Mr. Howard commented that if we were ever separated from the grid, this could operate the City. Power Plant Superintendent Ernie Smith commented that it ran for fifty hours with thirty being continuous and then an additional twenty.
• Line Distribution:
• Christmas lights:
Mr. Hemphill commented that line distribution had completed the Christmas decorations with only a few small details yet to do.
• New Service Truck:
Mr. Hemphill stated that line distribution had received their new service truck and once tags, taxes and insurance were in place, it would be ready to put into service.
Recreation Department:
• Tennis Court Project:
Recreation Director Bruce Pinkall commented that the tennis court project was underway and they had completed four of the courts on the east side. Mr. Pinkall added that they look nice.
Finance Department:
• Old Fashioned Christmas:
Finance Director Diana Garten reminded the Commission that Saturday was the Old Fashioned Christmas event downtown.
City Clerk:
• Clerk’s Academy:
City Clerk LuAnn Kramer informed the Commission that she had attended the Clerk’s Academy in Wichita and that attendance had dropped off from a couple of years ago. Ms. Kramer thanked the Commission for allowing her to attend the academy every year and let them know that it helps her keep her certification.
Commission remarks:
• Quality of employees:
Commissioner Peltier commented that he was very impressed with the quality of the employees that work for the City and that was evident with the service awards that were presented tonight. Commissioner Peltier added that this was a great organization and he was privileged to be a part of it.
• Thanks to Inspector:
Commissioner Hlavachick thanked Building Inspector Blankenship for helping him on an issue with his neighbor and appreciated how well Mr. Blankenship had worked with the neighbor.
• Fire Station question:
Commissioner Nystrom questioned the hole in the concrete in the parking lot of the new fire station and what was intended for that area. Mr. Blankenship commented that there would eventually be a concrete memorial, such as a water fall, flag and a plaque. Mr. Blankenship stated that Fire Chief Kramer did not want people moving through there and he was getting ideas together with Assistant Chief Stevens. Mr. Blankenship commented that he had visited with them about putting in winter rye to make it look decent for now. Commissioner Peltier commented that there could be some landscaping rock put in there temporarily. Mr. Howard commented that he would bring this up to Chief Kramer and may have him come to the next meeting to discuss his intentions for that area.
• Question about an employee:
Commissioner Graf questioned City Manager Howard about hearing a lot of scuttlebutt around town about an employee. Commissioner Graf commented that he had had people call him today and said that a Commissioner was saying things and wanted to know if they needed to go into executive session to discuss something like this. Mr. Howard stated that he was not sure what he was talking about. Commissioner Graf stated that we have an employee that we have had a problem with. Mr. Howard stated that the only issue was an employee that has a health issues and that was all he could say about it, in or out of executive session. Commissioner Graf commented that he had heard things from several different people and someone had said that he had gotten fired. Mr. Howard stated that was not correct and by regulations that govern this, there was nothing else legally that he could say. Mr. Howard explained that the issue would be dealt with if needed. Commissioner Graf commented ‘okay’.
Comment from Ernie Smith:
Power Plant Superintendent Ernie Smith thanked the Commission and upper management staff for his recognition of years of service. The Commission thanked Mr. Smith for his years with the City.
ADJOURN:
A motion by Commissioner Hlavachick to adjourn. The motion was seconded by Commissioner Nystrom and carried unanimously.
______________________________________
JEFF TAYLOR, Mayor
(SEAL)
ATTEST:
_____________________________
LUANN KRAMER, City Clerk
NOVEMBER 16, 2009
The Governing Body of the City of Pratt met in Regular session in the Commission Room located in City Hall.
PRESENT: Jeff Taylor Mayor
Bill Hlavachick Commissioner
Eric Nystrom Commissioner
Willy Peltier Commissioner
Victor Graf Commissioner
ALSO PRESENT: Dave Howard City Manager
LuAnn Kramer City Clerk
Ken Van Blaricum City Attorney
Diana Garten Finance Director
Russell Rambat Public Works Director
Brad Blankenship Building Inspector
Kelly Hemphill Dir. of Electric Utilities
Bruce Pinkall Recreation Director
Gary Myers Asst. Police Chief
CALL TO ORDER:
Mayor Taylor called the regular meeting to order. The Mayor instructed the Clerk to note that all Commissioners were present.
Mayor Taylor reminded the audience that the meeting may be taped and/or recorded.
MINUTES:
A motion by Commissioner Nystrom to approve the minutes of the November 02, 2009 regular meeting. The motion was seconded by Commissioner Graf and carried with four approved votes and one abstain vote from Commissioner Hlavachick.
OPEN AGENDA:
Comment on Maple Street:
Ms. El Vena Barnes of 592 Terrace Drive commented to the Commission that many people were having a problem with the highway. Ms. Barnes stated that the neighborhood had been there for a long time and people have lived and played there. Mayor Taylor corrected Ms. Barnes in that this was not going to be a State or Federal highway. Ms. Barnes commented that it would be cutting the neighborhood in half and she wanted the Commission to make the choice to go around the neighborhood.
Ms. Barnes took an imaginary trip with the Commission to make a point to show how many people would have to back out of their garages onto this highway. Ms. Barnes stated that this would be a highway and the traffic flow would increase to get to Highway 61. Ms. Barnes commented that this was a sick idea and it should not go through her neighborhood. Ms. Barnes commented that this land was purchased by the increases in utilities and would go in choice pockets. Ms. Barnes stated that she did not want this extension compared to Sixth Street and asked for the Commission to help her neighborhood.
PRESENTATION OF 2009 CAPACITY DEVELOPMENT ACHIEVEMENT AWARD TO KELVIN CLAY, WATER SUPERINTENDENT:
Mr. Allen Guernsey, from the Kansas Department of Health and Environment, presented Mr. Kelvin Clay, Water Superintendent, an award of excellence in demonstrating technical, financial and managerial capacity. Mr. Guernsey explained that there were only ten awards made this year and Pratt was the only award serving a population of 3,301 to 10,000. Mr. Guernsey stated that this was a good job by Mr. Clay in providing a safe water supply to the City of Pratt.
Mayor Taylor and the Commission thanked Mr. Clay for his hard work. Mr. Clay commented that this was a team effort. Mayor Taylor stated that congratulations should be passed on to the others in his department.
RECOGNITION OF DENNIS COX, LINEMAN CREW CHIEF, FOR RECEIVING THE 2009 DARYLE NIELSEN DISTINGUISHED SERVICE AWARD:
Director of Electric Utilities Kelly Hemphill commented that Mr. Dennis Cox had received the 2009 Daryle Nielsen Award at the KMEA Annual Conference. Mr. Hemphill explained that he had submitted Mr. Cox as a candidate, because he had, along with other crew members, uncovered people during the Greensburg disaster. Mr. Hemphill commented that Mr. Cox was worthy of the award. City Manager Dave Howard commented that we are part of the KMEA Mutual Aid program and that all the guys have responded to other communities and communities have also responded to ours. Mr. Howard stated that he was not surprised that Mr. Cox had received this award. Mr. Cox thanked the Commission for the opportunity to do other things for other people and added that he could not do it without his crew.
Mayor Taylor asked how much time had been spent in Greensburg. Mr. Cox stated that they had spent two weeks in Greensburg. Mr. Hemphill added that they had worked eighteen to twenty hour days. Mayor Taylor commented that we had also received helped at times and that it was a neat effort to combine with others and help out. Mr. Cox stated that it was nice to have other communities help also and that you make a lot of new friendships through the program.
PRESENTATION OF SERVICE AWARDS TO CITY EMPLOYEES:
Mayor Taylor presented several employees with their service awards for the years of employment with the City of Pratt. Mayor Taylor and the Commission thanked the employees for their knowledge and training in their positions and added that they appreciate their years of service to the City.
CONSIDERATION AND APPROVAL OF APPOINTMENTS TO THE RECREATION ADVISORY BOARD:
Recreation Director Bruce Pinkall commented that these appointments had been available for awhile and that the second person had called and asked to be put on hold. Mr. Pinkall informed the Commission that the second position would be filled the first meeting in December.
Mr. Pinkall stated that Mr. Matt Hecker had agreed to serve on the Recreation Advisory Board and that he was active in open gym and the youth programs. Mr. Pinkall added that Mr. Hecker was also active in numerous programs in the City and would be a good addition to the board. A motion by Commissioner Hlavachick to approve the appointment of Mr. Matt Hecker to the Pratt Recreation Advisory Board. Commissioner Peltier seconded the motion and it passed unanimously.
UPDATE ON THE GREEN SPORTS COMPLEX AND DISCUSSION ON BLEACHER COVERS:
Recreation Director Pinkall commented that the tournaments scheduled for the 2009 season at the Green Sports Complex were from May to July and that the 2010 schedule would expand that time frame. Mr. Pinkall explained that there would be wooden bat events in 2010 and that they were working with a company out of Kansas City. Mr. Pinkall explained that this would give the company an opportunity to sell their bats with the move in baseball to go to wooden bats. Mr. Pinkall stated that there are tournaments scheduled every weekend in 2010.
Mr. Pinkall commented that the USSSA had promoted their tournament to smaller communities west of Wichita due to a concern that some teams were getting out played. Mr. Pinkall stated that some tournaments were well established in Pratt with the 12 and under Hap Dumont State tournament being one that we have hosted for fifteen years. Mr. Pinkall added that we have also held the 13 and under Hap Dumont World Series for three years. Commissioner Peltier questioned why we do not do anything in August. Mr. Pinkall stated that the season is over and his summer staff has left. Mr. Pinkall commented that there are adult events, such as co-ed softball, that continue until October.
Mr. Pinkall gave a power point presentation that gave an overview of Green Sports Complex, starting with the grand opening in 2004 and the sunset of the sales tax involved. Mr. Pinkall pointed out that in 2005 the two north fields received bleacher covers, sprinklers were installed in the interior and they began seeding the interior grass. Mr. Pinkall commented that in 2006 there was the construction of the entrance sign and the first shelter house was constructed, while in 2007 there was the dedication of the Smoky Ford Field and the paving of the parking lot. Mr. Pinkall stated that in 2008 the playground equipment was installed, benches and the interior sidewalk were expanded, and the second shelter house was constructed. Mr. Pinkall commented that what has happened in 2009 is that they completed the fencing between the south fields, the third shelter house is under construction, over seeding of the interior grass continues, sidewalk and benches are in place by the playground, and Mr. George Brown planted seventy-five trees.
Mr. Pinkall explained that the 2010 project would include the completion of the third shelter house, completion of the sidewalks around the dugouts, bleacher covers for the two south fields, and begin planting interior trees. Mr. Pinkall stated that all the fields would be handicap assessable. Commissioner Peltier questioned if there would ever be handicap baseball. Mr. Pinkall stated that there could be and that might include people who are in wheelchairs, blind and physically challenged. Mr. Pinkall added that they have done that in the past for the beginning levels by letting their parents or an adult be on the field with them.
Mr. Pinkall commented that the bleacher covers were a big project and the money for them would come from the tournament proceeds account; which at the end of this project would be depleted. Mr. Pinkall explained that the total cost of the four bleacher covers for the south end would be $32,000 or $8,000 per bleacher. Mr. Pinkall commented that they would be the same design to match the Sports Complex.
Mr. Pinkall stated that the Green Sports Complex had been open for six successful summers due to the vision of the Commission, the Parks and Recreation Advisory Board, and the citizens of Pratt and that vision has created a first class recreational facility. Mr. Pinkall commented that during the grand opening he had stated ‘Getting people to come together is a start. Getting them to stay together is progress. Getting them to work together is Success!’ and the Green Sports Complex was a City of Pratt success story.
Mr. Pinkall commented that he would like to continue with the bleacher cover project. Commissioner Peltier questioned when it would be done. Mr. Pinkall stated that it would begin this spring and be done by next season. Commissioner Peltier asked if Jorns Construction had given us a discount before. Mr. Pinkall stated that he had. Commissioner Peltier questioned if there was money in the fund to cover the cost of the bleacher covers. Finance Director Diana Garten stated that there was and it was in the 2010 budget.
City Manager Dave Howard commented that Mr. Jorns had done the work before. Mayor Taylor commented that he was involved in the construction of the press box at Lemon’s Park also. Mr. Pinkall added that Mr. Jorns had donated that work. Mayor Taylor stated that he did not have to donate what he did, but it was a great addition to that park. Mr. Pinkall commented that Mr. Jorns had assisted in the purchasing of the flag pole at the Sports Complex and had done other little things and that he was committed to this project.
A motion by Commissioner Peltier to accept the bid from Jorns Construction of $32,000 for four bleacher covers. The motion was seconded by Commissioner Hlavachick and carried unanimously.
Mayor Taylor commented that Mr. Pinkall had done a wonderful job getting tournaments established and he had talked to a lot of people that compliment the Complex. Mr. Pinkall commented that he had sent information to a lot of communities that are trying to do something similar and they are facing challenges and are amazed at the cooperation in Pratt. Mr. Pinkall added that friendly businesses and the cleanliness of the community also brings people to town.
CONSIDERATION AND APPROVAL OF LOW BID FOR 1 REPLACEMENT INDOOR MAGNE BLAST BREAKER:
Director of Electric Utilities Kelly Hemphill stated that this breaker was for an indoor cabinet and the wisest choice was to replace the 4160 voltage with a higher voltage. Mr. Hemphill commented that there is a need to make these circuits as safe operator maintained as possible. Mr. Hemphill explained that there was a cheap alternative solution that would last for about ten to fifteen years while we are getting the circuits rebuilt and this would be done gradually to prevent a huge impact on the budget.
Mr. Hemphill commented that these breakers would work as an internal fix and that there are three out of fifteen that are dangerous. Mr. Hemphill stated that the best thing to do to make them safe to work around would be to replace three of the high volt breakers. Mr. Hemphill added that these breakers can be gone through, reconditioned and used as spares. Mr. Hemphill explained that an engineer brought up a few years ago that the 4160 circuits were not creating the amount of electrical loss that would, in a near future time frame, justify converting them. Mr. Hemphill commented that in thirty to fifty years it would pay to convert the circuits, so we need to work towards building them.
Commissioner Peltier questioned that there were three that were dangerous. Mr. Hemphill explained that there were three that were in a high volt fault, which means that there is always a current there. City Manager Howard commented that they were dangerous to work around, but the men are trained and have worked around them for years. Commissioner Peltier asked if it was so critical to replace them, why we were only replacing two and not three. Mr. Hemphill stated that we were replacing one now due to budget. Commissioner Peltier asked if we were putting anyone in harm’s way by not replacing all three. Mr. Hemphill commented that we were not. Mr. Howard added that there are safer breakers and safer ways to do it than when these things were made and it was time to transition into doing that.
Mr. Hemphill explained that two bids had been sent out and two had been returned. Mr. Hemphill commented that Stanion Wholesale Electric had bid $15,901.20 with an eighteen week delivery time and Flatland Testing had bid $14,947.39 with an eighteen week delivery time. Mr. Hemphill commented that even with the 5% given to the local vendor, Stanion Wholesale Electric was above Flatland Testing; therefore, he would recommend the low bid from Flatland Testing in the amount of $14,947.39. A motion by Commissioner Nystrom, on the recommendation of Mr. Hemphill, to accept the quote of $14,947.39 from Flatland Testing for the breaker. The motion was seconded by Commissioner Hlavachick and carried unanimously.
CONSIDERATION AND APPROVAL OF ORDINANCE ANNEXING PROPERTY EAST OF GREEN SPORTS COMPLEX TO THE CITY OF PRATT:
City Attorney Ken Van Blaricum commented that this ordinance would annex the property east of Green Sports Complex into the City and the City currently owns that property. Mr. Van Blaricum explained that this involves two tracts of land. Commissioner Peltier asked if there was any more land than that. Mr. Howard commented that the City owns both tracts and that Mr. Green had actually donated it to the City. Mr. Howard explained that we were doing it now because we have to do a boundary correction for the other property that was annexed earlier, so we would do one big correction.
The following Ordinance 0918 was then presented to the Commission for their approval: AN ORDINANCE ANNEXING LAND TO THE CITY OF PRATT, KANSAS. A motion by Commissioner Peltier to accept Ordinance 0918 annexing land to the City of Pratt. The motion was seconded by Commissioner Hlavachick and carried unanimously.
CONSIDERATION AND APPROVAL OF ORDINANCE ANNEXING A PORTION OF FINCHAM STREET TO THE CITY OF PRATT:
City Attorney Van Blaricum stated that this was the same idea and involved the southern part of Fincham Street. Commissioner Peltier questioned if the property west of Fincham Street was part of the City. Mr. Howard stated that it was not. Mr. Howard commented that there were discussions with that property owner, or controller, on the potential of developing that property along with annexing it and zoning it, but it was a slow process.
The following Ordinance 0919 was then presented to the Commission for their approval: AN ORDINANCE ANNEXING LAND TO THE CITY OF PRATT, KANSAS. A motion by Commissioner Nystrom to approve Ordinance 0919 annexing a portion of Fincham Street into the City of Pratt. The motion was seconded by Commissioner Peltier and carried unanimously.
CONSIDERATION AND APPROVAL OF RESOLUTION EXEMPTING THE CITY FROM THE REQUIREMENTS OF K.S.A. 75-1120a(a):
City Attorney Van Blaricum commented that this was a State statute that requires us to exempt out of the General Accepted Accounting Principles. Finance Director Garten explained that we report our financial statements on a cash basis, which is what the procedure is for most municipalities. Ms. Garten added that to do that, we have to opt out of General Accepted Accounting Principles. Ms. Garten commented that the only difference in GAAP and cash basis is that you are reporting accrual liabilities and accounts receivable.
The following Resolution 111609 was then presented to the Commission for their approval: A RESOLUTION EXEMPTING THE CITY OF PRATT, KANSAS FROM THE REQUIREMENTS OF K.S.A. 75-1120a(a) PROVIDING FOR UNIFORM SYSTEM OF FISCAL PROCEDURES, ACCOUNTING, AND REPORTING FOR MUNICIPALITIES.
A motion by Commissioner Hlavachick to approve Resolution 111609 exempting the City of Pratt from certain requirements of K.S.A. 75-1120a(a). The motion was seconded by Commissioner Graf and carried unanimously.
REPORTS:
City Manager:
• Meeting with PCC about soccer:
City Manager Howard informed the Commission that Mr. Pinkall and he would be meeting with Dr. Wojociechowski, and the PCC coaches concerning a soccer team and developing a short term plan on where they could play. Mr. Howard stated that the area where soccer is played now has parking problems and it had been discussed that those games be switched to other areas. Mr. Howard stated that there had been discussion about the property east of the Sports Complex being used for a track and soccer field, but that would be an expensive development and would come before the Commission before any decision was made.
• New Hotel:
Mr. Howard commented that there had been a private ground breaking ceremony for the new hotel and the owners were complimentary of Pratt. Mr. Howard stated that the IRB’s for the new hotel would be on the next agenda. Commissioner Peltier questioned why they went that way. Mr. Howard stated that it was a tax advantage and a financing mechanism.
• Winter preparedness meeting:
Mr. Howard commented that he had attended a winter preparedness meeting with Mr. Hemphill and Mr. Rambat to talk about how we operate during a storm. Mr. Howard stated that it was also attended by highway patrol, EMT’s, and nurses.
Public Works:
• North Main Project:
Public Works Director Russell Rambat informed the Commission that he was working with KDOT on some of the final steps to let the project on North Main in December. Mr. Rambat commented that this project would happen in the spring and was funded by the ARRA money.
• Sidewalk at Lemon’s Park:
Mr. Rambat commented that the sidewalk was completed into Lemon’s Park and Mr. Mark Eckhoff would be planting grass and the street department would be finishing up the boxes to make this a nice even area.
Building Inspections:
• 517 S. Hamilton:
Building Inspector Brad Blankenship commented that the property at 517 South Hamilton had been cleaned up and that this had been ongoing since February.
• Maydew/Thibault Clinic:
Mr. Blankenship commented that the eye clinic for Maydew/Thibault Clinic was off and running.
• Fire Station:
Mr. Blankenship informed the Commission that the heating system was completed at the fire station and everything had gone well with that.
Electric Department:
• Diesel testing:
Director of Electric Utilities Kelly Hemphill commented that the diesel testing was complete and they were waiting on the technicians to do their testing and complete the calibration on it. Mr. Hemphill commented that the engine was capable of operating at seven mega watts, but was not very viable for EMP2 operations. Mr. Howard commented that if we were ever separated from the grid, this could operate the City. Power Plant Superintendent Ernie Smith commented that it ran for fifty hours with thirty being continuous and then an additional twenty.
• Line Distribution:
• Christmas lights:
Mr. Hemphill commented that line distribution had completed the Christmas decorations with only a few small details yet to do.
• New Service Truck:
Mr. Hemphill stated that line distribution had received their new service truck and once tags, taxes and insurance were in place, it would be ready to put into service.
Recreation Department:
• Tennis Court Project:
Recreation Director Bruce Pinkall commented that the tennis court project was underway and they had completed four of the courts on the east side. Mr. Pinkall added that they look nice.
Finance Department:
• Old Fashioned Christmas:
Finance Director Diana Garten reminded the Commission that Saturday was the Old Fashioned Christmas event downtown.
City Clerk:
• Clerk’s Academy:
City Clerk LuAnn Kramer informed the Commission that she had attended the Clerk’s Academy in Wichita and that attendance had dropped off from a couple of years ago. Ms. Kramer thanked the Commission for allowing her to attend the academy every year and let them know that it helps her keep her certification.
Commission remarks:
• Quality of employees:
Commissioner Peltier commented that he was very impressed with the quality of the employees that work for the City and that was evident with the service awards that were presented tonight. Commissioner Peltier added that this was a great organization and he was privileged to be a part of it.
• Thanks to Inspector:
Commissioner Hlavachick thanked Building Inspector Blankenship for helping him on an issue with his neighbor and appreciated how well Mr. Blankenship had worked with the neighbor.
• Fire Station question:
Commissioner Nystrom questioned the hole in the concrete in the parking lot of the new fire station and what was intended for that area. Mr. Blankenship commented that there would eventually be a concrete memorial, such as a water fall, flag and a plaque. Mr. Blankenship stated that Fire Chief Kramer did not want people moving through there and he was getting ideas together with Assistant Chief Stevens. Mr. Blankenship commented that he had visited with them about putting in winter rye to make it look decent for now. Commissioner Peltier commented that there could be some landscaping rock put in there temporarily. Mr. Howard commented that he would bring this up to Chief Kramer and may have him come to the next meeting to discuss his intentions for that area.
• Question about an employee:
Commissioner Graf questioned City Manager Howard about hearing a lot of scuttlebutt around town about an employee. Commissioner Graf commented that he had had people call him today and said that a Commissioner was saying things and wanted to know if they needed to go into executive session to discuss something like this. Mr. Howard stated that he was not sure what he was talking about. Commissioner Graf stated that we have an employee that we have had a problem with. Mr. Howard stated that the only issue was an employee that has a health issues and that was all he could say about it, in or out of executive session. Commissioner Graf commented that he had heard things from several different people and someone had said that he had gotten fired. Mr. Howard stated that was not correct and by regulations that govern this, there was nothing else legally that he could say. Mr. Howard explained that the issue would be dealt with if needed. Commissioner Graf commented ‘okay’.
Comment from Ernie Smith:
Power Plant Superintendent Ernie Smith thanked the Commission and upper management staff for his recognition of years of service. The Commission thanked Mr. Smith for his years with the City.
ADJOURN:
A motion by Commissioner Hlavachick to adjourn. The motion was seconded by Commissioner Nystrom and carried unanimously.
______________________________________
JEFF TAYLOR, Mayor
(SEAL)
ATTEST:
_____________________________
LUANN KRAMER, City Clerk
12/21/09 City Commission Agenda
MONDAY
DECEMBER 21, 2009
PRATT CITY COMMISSION – REGULAR COMMISSION MEETING
COMMISSION ROOM – 5:00 P.M.
1. CALL TO ORDER (Remind audience that meeting is being recorded and/or taped.)
2. ROLL CALL
3. MINUTES – December 07, 2009 Regular City Commission meeting
4. OPEN AGENDA
5. BUSINESS:
5.1 Discussion on Main Street Project – Alan Luttrell, EBH, City Staff
5.2 Consideration and Approval of 2009 Boundary Resolution – Ken Van Blaricum, City Attorney
(RESOLUTION 122109)
5.3 Consideration and Approval of Equipment and Labor Rates – Russell Rambat, Public Works Director
5.4 Consideration and Approval of 2010 Cereal Malt Beverage Application – Steve Holmes, Police Chief
5.5 Consideration and Approval of Appointment to the Recreation Advisory Board – Bruce Pinkall, Recreation Director
5.6 Consideration and Approval of Amendment No. 1 to the Natural Gas Management Services Agreement – Kelly Hemphill, Dir. of Electric Utilities
5.7 Discussion on Joe Wynn Volunteer Award for 2008 and 2009 – Mayor and City Commission
6. REPORTS
6.1 City Manager
6.2 City Attorney
6.3 Department Heads
6.4 Mayor
6.5 City Commission
7. ADJOURN
DECEMBER 21, 2009
PRATT CITY COMMISSION – REGULAR COMMISSION MEETING
COMMISSION ROOM – 5:00 P.M.
1. CALL TO ORDER (Remind audience that meeting is being recorded and/or taped.)
2. ROLL CALL
3. MINUTES – December 07, 2009 Regular City Commission meeting
4. OPEN AGENDA
5. BUSINESS:
5.1 Discussion on Main Street Project – Alan Luttrell, EBH, City Staff
5.2 Consideration and Approval of 2009 Boundary Resolution – Ken Van Blaricum, City Attorney
(RESOLUTION 122109)
5.3 Consideration and Approval of Equipment and Labor Rates – Russell Rambat, Public Works Director
5.4 Consideration and Approval of 2010 Cereal Malt Beverage Application – Steve Holmes, Police Chief
5.5 Consideration and Approval of Appointment to the Recreation Advisory Board – Bruce Pinkall, Recreation Director
5.6 Consideration and Approval of Amendment No. 1 to the Natural Gas Management Services Agreement – Kelly Hemphill, Dir. of Electric Utilities
5.7 Discussion on Joe Wynn Volunteer Award for 2008 and 2009 – Mayor and City Commission
6. REPORTS
6.1 City Manager
6.2 City Attorney
6.3 Department Heads
6.4 Mayor
6.5 City Commission
7. ADJOURN
Thursday, December 3, 2009
12/7/2009 Commission Agenda
MONDAY
DECEMBER 07, 2009
PRATT CITY COMMISSION – REGULAR COMMISSION MEETING
COMMISSION ROOM – 5:00 P.M.
1. CALL TO ORDER (Remind audience that meeting is being recorded and/or taped.)
2. ROLL CALL
3. MINUTES - November 16, 2009 Regular City Commission meeting
4. OPEN AGENDA
5. BUSINESS:
5.1 Consideration and Approval of Resolution Pertaining to IRB’s for the Holiday Inn Express – Dave Howard, City Manager (RESOLUTION 120709)
5.2 Discussion Concerning Logo Design – Brian Hoffman, Chamber Director, Marj Johnson & Mitzi Heeney, Luminous Neon Inc.
5.3 Consideration and Approval of Appointments to the Travel and Tourism Board – Brian Hoffman, Chamber Director
5.4 Consideration and Approval of Bid for the Cooling Tower Replacement – Kelly Hemphill, Director of Electric Utilities
5.5 Consideration and Approval of 2010 Cereal Malt Beverage License Renewals – Gary Myers, Asst. Police Chief
5.6 Consideration and Approval of the Purchase of a Used Dump Truck for the Street Department – Russell Rambat, Public Works Director
5.7 Consideration and Approval of Ordinance Establishing Classification Compensation for Elected or Appointed Officers and City of Pratt Employees for the 2010 Budget Year – Ken Van Blaricum, City Attorney (ORDINANCE 0920)
5.8 Consideration and Approval of the Agreements Listed Below – Ken Van Blaricum, City Attorney
• Agreement for Provisions of Public Defender Services (1 yr term)
• Agreement for Pratt Municipal Judge (1 yr term)
• Agreement for Pratt City Attorney (1 yr term)
6. REPORTS
6.1 City Manager
6.2 City Attorney
6.3 Department Heads
6.4 Mayor
6.5 City Commission
7. ADJOURN
DECEMBER 07, 2009
PRATT CITY COMMISSION – REGULAR COMMISSION MEETING
COMMISSION ROOM – 5:00 P.M.
1. CALL TO ORDER (Remind audience that meeting is being recorded and/or taped.)
2. ROLL CALL
3. MINUTES - November 16, 2009 Regular City Commission meeting
4. OPEN AGENDA
5. BUSINESS:
5.1 Consideration and Approval of Resolution Pertaining to IRB’s for the Holiday Inn Express – Dave Howard, City Manager (RESOLUTION 120709)
5.2 Discussion Concerning Logo Design – Brian Hoffman, Chamber Director, Marj Johnson & Mitzi Heeney, Luminous Neon Inc.
5.3 Consideration and Approval of Appointments to the Travel and Tourism Board – Brian Hoffman, Chamber Director
5.4 Consideration and Approval of Bid for the Cooling Tower Replacement – Kelly Hemphill, Director of Electric Utilities
5.5 Consideration and Approval of 2010 Cereal Malt Beverage License Renewals – Gary Myers, Asst. Police Chief
5.6 Consideration and Approval of the Purchase of a Used Dump Truck for the Street Department – Russell Rambat, Public Works Director
5.7 Consideration and Approval of Ordinance Establishing Classification Compensation for Elected or Appointed Officers and City of Pratt Employees for the 2010 Budget Year – Ken Van Blaricum, City Attorney (ORDINANCE 0920)
5.8 Consideration and Approval of the Agreements Listed Below – Ken Van Blaricum, City Attorney
• Agreement for Provisions of Public Defender Services (1 yr term)
• Agreement for Pratt Municipal Judge (1 yr term)
• Agreement for Pratt City Attorney (1 yr term)
6. REPORTS
6.1 City Manager
6.2 City Attorney
6.3 Department Heads
6.4 Mayor
6.5 City Commission
7. ADJOURN
Tuesday, November 17, 2009
11/02/09 Approved City Commission minutes
MONDAY
NOVEMBER 02, 2009
The Governing Body of the City of Pratt met in Regular session in the Commission Room located at City Hall.
PRESENT: Jeff Taylor Mayor
Eric Nystrom Commissioner
Willy Peltier Commissioner
Victor Graf Commissioner
ALSO PRESENT: Dave Howard City Manager
LuAnn Kramer City Clerk
Ken Van Blaricum City Attorney
Diana Garten Finance Director
Russell Rambat Public Works Director
Brad Blankenship Building Inspector
Kelly Hemphill Dir. of Electric Utilities
Gary Myers Asst. Police Chief
CALL TO ORDER:
Mayor Taylor called the regular meeting to order. The Mayor instructed the Clerk to note that all Commissioners were present with the exception of Commissioner Hlavachick.
Mayor Taylor reminded the audience that the meeting may be taped and/or recorded.
MINUTES:
A motion by Commissioner Nystrom to approve the minutes of the October 19, 2009 regular meeting. The motion was seconded by Commissioner Graf.
Mayor Taylor commented that City Clerk Kramer had found in a publication about minute taking that you can vote on minutes even if you were absent and questioned City Attorney Van Blaricum if that was correct. Mr. Van Blaricum commented that he did not know if that was correct, but he would have to research that. City Manager Howard commented that he was told that by one of the KMEA attorney’s also.
After little more discussion, Mayor Taylor called for a vote and the motion on the approval of the October 19, 2009 minutes passed unanimously.
OPEN AGENDA:
Comments on Maple Street:
• El Barnes 592 Terrace Drive
Ms. El Barnes addressed the Commission on her concerns for her neighborhood if Maple Street was extended. Ms. Barnes commented that Maple Street would be a well traveled highway and would change her quiet neighborhood. Ms. Barnes added that she was not in favor of the extension and others were not either. Ms. Barnes stated that she felt blessed to be living in Pratt and on Terrace Drive, so she asked the Commission to save her neighborhood by not opening up Maple Street, but to provide a way to go around. Ms. Barnes stated that this would open up an area to a host of problems that they have not had to deal with before. Ms. Barnes commented that there were twenty-four garage doors that would have to open for twenty-four cars to back out onto Maple Street into the traffic and that was not going to be nice. Ms. Barnes repeated that she wanted the Commission to protect her neighborhood and to please find a way to go around.
• Gayle Thompson:
Ms. Gayle Thompson asked the Commission to please make a motion to bring Maple Street to a vote. Ms. Thompson commented that at the first meeting she had attended, they were told that there was an overwhelming amount of people in favor of the extension and if that were the case, the Commission should have nothing to fear. Ms. Thompson stated that the people should be able to vote on a project that would cost millions of dollars. Mayor Taylor asked where she had gotten her information. Ms Thompson stated that the cost was $3 million or higher and $1 million was for the road. Mayor Taylor clarified that that was the cost for all infrastructure. Ms. Thompson stated that it seemed right to bring this to a citizens vote and she would appreciate a motion to that effect.
A motion by Commissioner Graf to let the people vote on Maple Street. With no second, Mayor Taylor stated that the motion died for lack of a second.
• Karen Detwiler
Ms. Karen Detwiler stated that a number of people wanted to have information on the City Manager’s salary. Mayor Taylor questioned what information they wanted. Ms. Detwiler repeated that it was the salary. Mayor Taylor began to inform Ms. Detwiler that she could come into City Hall anytime to receive that information, but City Manager Howard stated that he did not mind letting them know his salary in an open meeting. Mayor Taylor stated that that was fine. City Manager Howard stated that his salary was $112,000. Ms. Detwiler asked if that included benefits. Mr. Howard answered that it did not and he did not know what that would be. Commissioner Peltier asked why that was relevant. Ms. Detwiler commented that it was not printed in the paper. Mr. Howard stated that he had disclosed it repeatedly and that it was not a secret.
• Wanda Richardson
Ms. Wanda Richardson questioned why the Commission would not let the people vote. Ms. Richardson commented that there is one Commissioner that wants it done and three that ignore it. Commissioner Nystrom commented that the State of Kansas made the determination that the Government Body votes on certain ordinances and requirements and this was one area that was not voted on by the people. Commissioner Nystrom added that this was an administrative issue not voted on by the public and does not require a tax increase so it would not affect taxes or the mill levy. Commissioner Nystrom questioned if this was put to a vote, where would we stop this type of behavior and how far do we take it. Commissioner Nystrom added that the slurry seal and overlay projects are million dollar jobs and we do not have a special election for those projects.
Mayor Taylor stated that the people had voted for this project when they voted for the Commission and they were elected to do administrative duties and this was an important project. Mayor Taylor added that the road was important, but he was not in favor of the City getting involved in the development of the land. Mayor Taylor commented that this road opens up an avenue in and out of the community and there is one commercial lot to be sold out of that parcel that would pay for other purchases. Mayor Taylor stated that the City needs a new development area and, contrary to what had been written, there are houses for sale in town, but some people are not willing to buy those and want to build. Mayor Taylor commented that he has heard overwhelming support for the project and he would welcome anyone to have a one on one conversation with him or do it in this type of forum. Mayor Taylor explained that he felt that this was in the best interest of the community and that this project did not happen twenty-five years ago possibly because the Commission was not willing to take a little heat and there has been a lot of heat. Mayor Taylor added that he appreciates the people who come to the meetings, but he feels that the Commission represents a majority of the community at this point.
Commissioner Peltier stated that he was for progress and that he had spent over a hundred hours studying this type of situation and there was no good place to build in Pratt. Commissioner Peltier added that he was for opening Maple Street and for the development and although he was not on the Commission at the time, Fincham Street was almost the same and had not been put up for a vote.
• Dennis Thimesch
Mr. Dennis Thimesch stated that he was one that was carrying a petition and he had been in all directions and there was a demanding bunch of people that signed the petition. Mr. Thimesch commented that he had visited with Commissioner Graf about the project. Mr. Thimesch stated that he had been at the meeting with Commissioner Nystrom and he had stated that there were ten items in the book he had and number three was this project in 1999. Mr. Thimesch asked if the lady that asked for that information had received it. Commissioner Nystrom stated that she worked with his wife and she did get the information. Mr. Thimesch ended his statement asking the Commission to let the people vote on this issue.
• El Barnes
Ms. Barnes addressed the Commission again letting them know that her neighborhood has become acquainted and work together and if a highway goes through, it would interrupt the neighborhood. Ms. Barnes stated that this was not a good idea and the Commission did not live there and she does. Ms. Barnes added that she has a very nice home and she was angry about getting her neighborhood cut in two and that the project was a wicked thing to do. Commissioner Peltier commented that he had heard that they were going to do something to widen Maple Street and that was not true. Commissioner Peltier added that they were not doing anything to Maple Street as it is now. Ms. Barnes asked the Commission to see if it was possible to go around her neighborhood and added that she had been involved in a number of places and they did not go through a neighborhood.
• Karen Detwiler
Ms. Detwiler commented that three times in recent weeks it had been mentioned that she had voted for Fincham Street. Ms. Detwiler stated that she wanted to remind the Commission of the reason they (**-see NOTE below) extended Maple Street and connected it and pointed out to Commissioner Peltier that he was much mistaken in that it was not the same length by a long way. Commissioner Peltier commented that he had heard that it was. Ms. Detwiler stated that he had heard wrong and that Commissioner Peltier should go down and drive it and that it stopped at Wal-Mart. Commissioner Nystrom stated that it was within about 200’ and he had the engineering specs that show that clearly. Ms. Detwiler commented that she drives it every day and Fincham Street is less than six blocks total and that it goes from the highway to Sixth Street and that is half a mile. Commissioner Nystrom agreed. Ms. Detwiler stated that where Maple Street starts and winds around to Highway 61would be longer than six blocks and in addition part of that street was already there because Wal-Mart built it clear to the end of their property. Ms. Detwiler added that all the City did was connect where Wal-Mart stopped and take it on to Sixth Street, which was probably about four blocks. Mayor Taylor asked if Ms. Detwiler had a point. Ms. Detwiler stated that the point was the reason it was connected was a safety issue and that they were concerned that if the tornado siren went off there would be too much traffic for a narrow street to handle and this gave them another out. Mayor Taylor stated that that was not the entire reason it was done and that it was done to develop the land that sits along that area along with other issues. Ms. Detwiler commented that Mayor Taylor had opened up another good point in that Commissioner Peltier had stated that there were not any lots to build on, so she questioned the development of all those lots on Fincham Street.
** NOTE: Clerk listened to the audio tape and Ms. Detwiler stated ‘Maple Street’ not ‘Fincham Street’.)
• Gloria Marsh
Ms. Gloria Marsh, who lives three houses off of Maple Street, asked the Commission why they have to open Maple Street up. Ms. Marsh asked why you could not come in from Highway 61 and build cul-de-sacs and not mess with Maple Street. Mayor Taylor commented that it could be done, but we think that the extension is the best thing to do and a lot of people go to the college who could take that avenue there. Mayor Taylor explained that you have to take the whole City into consideration and break it into quadrants and not everyone would go out on Maple Street. Ms. Marsh commented that she goes around the cemetery and it had been that way for years.
Zoning issue:
Mr. Marvin Proctor addressed the Commission on the Parke Street zoning issue that was an agenda item. Mr. Proctor commented that this had gone before the Zoning Commission and they had approved this property as commercial. Mr. Proctor stated that he did not feel that the Commission had adequately heard their objections or their options. Mr. Proctor added that he was not opposed to a vet clinic, but he was opposed to zoning it highway service, because you do not know what could come in if the clinic would close. Mr. Proctor stated that he felt that the City was unbiased in their presentation and it was misleading. Mr. Proctor added that he felt that the City was in favor of this and influenced the Zoning Commission. Mr. Proctor commented that there were statements that were made that were false about where the property lies.
Mr. Proctor stated that there were better uses for that property such as a multi-family dwelling rather than a single family dwelling. Mr. Proctor repeated that he was concerned about the highway service and things that could come in there. Mr. Proctor commented that it was implied that this property already bordered highway service and that includes the vacated street and that was no longer a barrier between them, but there is a green belt between them that was not considered. Mayor Taylor asked how much area was involved. City Manager Howard commented that this was on the agenda and they do have a map of that area. Mayor Taylor asked if Mr. Proctor could stay until that item came up on the agenda and this would be discussed further. Mr. Proctor agreed.
BUSINESS:
CONSIDERATION AND APPROVAL OF STREET CLOSURES FOR 2009 OLD FASHIONED CHRISTMAS ON NOVEMBER 21, 2009:
Chamber Director Brian Hoffman addressed the Commission concerning street closures for the Old Fashioned Christmas and that they would be the same as the last few years. Mr. Hoffman pointed out the closures on the map and informed the Commission that the event would be from 12:30 p.m. to 7:00 p.m. Mr. Hoffman commented that the fire department would provide lighting after dark for safety issues and that there would be inflatable’s for the kids this year. Mr. Hoffman added that there had been great attendance and community support in the past and that he would be contacting the businesses in that area. A motion by Commissioner Nystrom to approve the street closures for the 2009 Old Fashioned Christmas on November 21st from 2:00 p.m. to 7:00 p.m. The motion was seconded by Commissioner Peltier and carried unanimously.
CONSIDERATION AND APPROVAL OF BID FOR PAD MOUNT TRANSFORMER AT THE NEW HOLIDAY INN EXPRESS:
Director of Electric Utilities Kelly Hemphill informed the Commission that they had sent out three quotes for the transformer for the Holiday Inn and three had been returned. Mr. Hemphill reviewed the quotes with the Commission, which were Stanion Wholesale Electric at $16,994, Kriz-Davis Co. at $22,895, and Solomon Corporation at $15,415 and explained that the original quote had stated that this was for a new transformer. Mr. Hemphill stated that Solomon Corporation had bid on a remanufactured transformer and with that many watts being consumed all the time, he was rejecting the Solomon Corporation bid since it was for a remanufactured transformer when it was specified that we were asking for a new transformer. Mr. Hemphill recommended that the Commission approve the bid from Stanion Wholesale Electric in the amount of $16,994 due to the loss and the price being less than the other bid. Mayor Taylor questioned if it had anything to do with the local 5%. Mr. Hemphill stated that it did not. A motion by Commissioner Peltier to accept the Stanion Wholesale Electric bid in the amount of $16,994 for one pad mount transformer. The motion was seconded by Commissioner Graf and carried unanimously.
CONSIDERATION AND APPROVAL OF BID FOR INFRARED TUBE HEATERS IN NEW FIRE STATION:
Building Inspector Brad Blankenship commented to the Commission that this was a bid for an upgrade for the new fire station and the bay area needs heating before the trucks could be moved over. Mr. Blankenship explained that infrared tube heating was the way to go instead of forced air, because you do not have to have return air. Mr. Blankenship added that the infrared tube heaters are highly efficient.
Mr. Blankenship informed the Commission that four quotes had been sent out and three had been returned. Mr. Blankenship explained that the quote had asked for a Schwank Whisper Tube 80,000 or a Superior 80,000, which were the top brands for tube heaters. Mr. Blankenship commented that with the bay doors down, the heaters would not fire up all the time, so there would be a lower demand. Mr. Blankenship reviewed the quotes with the Commission with Adam’s Electric bringing in a bid of $11,399, M & F Heating with a bid for $13,875, and C & J Heating’s bid was $19,745. Mr. Blankenship recommended the low bid from Adam’s Electric in the amount of $11,399. City Manager Dave Howard commented that $100,000 had been budgeted for this project along with the $60,000 from the antenna lease. A motion by Commissioner Peltier to approve the bid from Adam’s Electric in the amount of $11,399 for the tube heaters. The motion was seconded by Commissioner Nystrom and carried unanimously.
Commissioner Peltier questioned if there would be a need for air conditioning later. Mr. Blankenship stated that there was a seven ton unit from JC Food’s, but it would not make it sixty-five degrees and that there would not be any air conditioning in the bay area. Commissioner Peltier asked about any of the other areas. Mr. Blankenship commented that there would be air conditioning in office areas.
CONSIDERATION AND APPROVAL OF ORDINANCE AMENDING ZONING ON PARKE STREET:
Commissioner Peltier questioned if this was basic tenure for the Zoning Commission. City Manager Howard commented that the Commission had been given the unapproved minutes from their meeting and that the way it works was that anybody who owns property in Pratt can submit for a zoning change. Mr. Howard stated that the Planning & Zoning Commission look at different criteria and the reason they had given this consideration and passed it was that it borders existing highway service district areas. Mr. Howard added that there was a vacant street, but that it was not taken into consideration as a barrier.
City Attorney Van Blaricum stated that an application by the property owner had been submitted to the Zoning Commission and that the property was south of the highway. Mr. Van Blaricum commented that the owner was requesting the property go from ‘R-2, Single Family Residential Dwelling District’ to ‘C-S, Highway Service District’. Mr. Van Blaricum explained that the owner had come before the Planning Commission and they had approved the application. Mr. Van Blaricum stated that the Commission can approve the recommendation of the Planning & Zoning Commission, reject that application or send it back to the Planning Commission.
Mr. Howard commented that there had been a public hearing and specific notification had been given to the property owners in that area. Mr. Proctor, who had spoken in open agenda, commented that it had been approved with a three to one vote and one abstained vote by Mr. Kenny Gates. Mayor Taylor commented that he would like to see the lots that were involved. Mr. Howard pointed out the area on the map. Building Inspector Blankenship explained that this area was 8’ of Lot 9 and all of lots 10, 11 & 12. Mr. Howard added that there are other general commercial areas here. Commissioner Peltier asked what was on lot 8. Mr. Blankenship commented that there was a house and both owners were at this meeting. Mayor Taylor questioned why it should be zoned Highway Service District and not another category. Commissioner Peltier commented that that was the less of three evils. Mr. Howard agreed and added that industrial would not be the proper zoning. Commissioner Peltier asked about the zoning for lots 7, 8 &9. Mr. Howard stated that they were already zoned Highway Service District and that the other side of the street was vacant. Commissioner Peltier asked what it was zoned. Mr. Blankenship commented that it was General Commercial.
Mr. Proctor questioned if there could be a possible variance and added that he was not opposed to the vet clinic, but what could come after that. City Attorney Van Blaricum commented that it might be possible and that it would have to go back to the Zoning Commission. Mr. Howard added that he would have to read up on variances, but there were certain items that have to be considered. Owner of the property, Ms. Deb Withers commented that part of Lot 9 was not on the petition and that this was going to be a vet hospital not a tool shop. Mayor Taylor questioned if they could do a provisional type of zoning where it would have to come back to the Zoning Commission if the vet clinic was no longer there. Commissioner Peltier commented that it would be hard to get back. Mr. Van Blaricum commented that he did not have the answer to that, but they could send this back to the Planning Commission.
Commissioner Nystrom questioned why Mr. Gates had abstained. Mr. Van Blaricum stated that the chairman of that Commission does not vote unless to break a tie. Ms. Jama Hommertzheim commented that she felt the same way as Mr. Proctor and was not against the vet clinic, but did not want to open the door to commercial and lose control. Commissioner Nystrom asked what ‘General’ meant. Mr. Howard stated that it had the same uses as allowed in Highway Service District. Commissioner Peltier asked if the stuff across the street was more restrictive. Mr. Howard commented that there were seventy five uses in that zoning and fifty-two in the other, which would include tire repair shops, laundries, and sheet metal shops. Mayor Taylor commented that he would like to see the Planning Commission research the ideas that had been thrown out. Mr. Howard commented that they had tried to find a different zoning, but there were not a lot of choices in this instance.
Commissioner Peltier asked what type of hardship it would cause if the owner had to wait for a decision. Dr. Pam Withers asked how long the wait would be. Mr. Howard stated that the next Planning meeting would be on the 19th. Mr. Van Blaricum commented that he would recommend something to the Commission then. Commissioner Peltier commented that he did not think that the owner would sell out to a body shop. Commissioner Nystrom commented that the issue across the street makes this a unique situation also. Commissioner Peltier commented that there were a lot more things that could go in across the street. Commissioner Nystrom commented that this gives the Planning and Zoning Commission something to look at. Mr. Van Blaricum commented that they would consider the variance or other options. Commissioner Nystrom questioned if the City Commissioners had to approve a variance. Mr. Howard stated that they did not. Mayor Taylor stated that this agenda item would be tabled so that the City Attorney could explore other provisions on limited zoning or a variance and send this back to the Planning and Zoning Commission with instructions to go with what the City Attorney finds.
REPORTS:
City Manager:
• KMEA Meeting:
Mr. Howard commented that he was on the Executive Board for KMEA and that he would be at a meeting Tuesday and Wednesday. Mr. Howard stated that one of the biggest issues would be the cap and trade issue, which involves all electrical State agencies and could mean higher prices. Mr. Howard added that this was not just a local issue, but it was a national issue.
• Emergency Management Meeting:
Mr. Howard commented that there was an Emergency Management meeting on November 10th to discuss winter safety. Mr. Howard stated that the City was going to participate to discuss electricity and roads and what to do in a snow emergency.
• Letter from Susan Page:
Mr. Howard stated that the Commission should have gotten a letter from Ms. Susan Page at PRMC about a meeting there tonight at 6:45 p.m. and he was planning on attending.
Public Works:
• Curb & Gutter:
Public Works Director Russell Rambat commented that the curb and gutter project was done.
• Lemon’s Park entrance:
Mr. Rambat commented that the street department was going to fill in the ditches at the Lemon’s Park entrance and they would get grass planted there next spring.
• Slurry Seal project:
Mr. Rambat informed the Commission that the slurry seal project was finally complete. Mr. Rambat stated that the weather had delayed the project for about a month and that they would be finishing up the paper work soon.
• Christmas Downtown:
Mr. Rambat stated that his crews were working on the getting ready for the Christmas season. Mayor Taylor commented that he had seen some of the staff working on Christmas decorations today.
Electric Department:
• Work on Main Street:
Director of Electric Utilities Kelly Hemphill stated that line distribution had been working on the east side of Main Street replacing Christmas lights. Mr. Hemphill commented that they would only be doing this in the 100 block of South Main Street this year and that the parking spaces should open up shortly.
• Cylinder Heads:
Mr. Hemphill stated that the technician was here to test the cylinder heads and that the engine was running a thirty hour test. Mr. Hemphill informed the Commission that they had found that three cylinders had scratches on them, but they were doing fine. Mr. Hemphill added that Fairbanks Morse will do a balance procedure once this test was complete and the insurance company had requested that they also do vibration tests.
Power Plant Superintendent Ernie Smith informed the Commission that they were about ten hours into the thirty hour run. City Manager Howard commented that they were actually generating now.
Finance:
• Sales tax for October:
Finance Director Diana Garten informed the Commission that sales tax for October was down about $8,000 from last year and for 2009 was down about $20,000. Ms. Garten added that we were up over 2007 by about $50,000 and that 2008 was an exceptional year. Ms. Garten commented that there had been a steady increase over the last three months, so things were getting better.
Congratulations to employees:
Mayor Taylor asked that congratulations go out to Mr. Aaron Blasi from line distribution on his accomplishment in taking first in the pole climbing category at the lineman rodeo during the KMU workshop.
Mayor Taylor also congratulated Mr. Louis Bale and Mr. Dwayne West on receiving training in snow and ice control.
Tourism funds question:
Mayor Taylor commented that he had been approached by someone from another community and they wanted to know how we were able to spend money from the Tourism fund. Mayor Taylor stated that he knew we have a committee and the City has permission to use those funds as we see fit based on the fact that it is for an allowable expenditure. Mayor Taylor added that this community does not have a very active committee, but they are there for small requests.
City Attorney Ken Van Blaricum stated that the City is bound to our own ordinance and it defines what we can do. Mr. Van Blaricum added that the resolution passed at the last meeting involving the water project confirms what we are doing with those funds. Mr. Van Blaricum commented that this community may be operating under the State ordinance, but he would look into it. Mr. Howard commented that they may not have home ruled out.
ADJOURN:
A motion by Commissioner Peltier to adjourn. The motion was seconded by Commissioner Graf and carried unanimously.
__________________________________
JEFF TAYLOR, Mayor
(SEAL)
ATTEST:
_____________________________________
LUANN KRAMER, City Clerk
NOVEMBER 02, 2009
The Governing Body of the City of Pratt met in Regular session in the Commission Room located at City Hall.
PRESENT: Jeff Taylor Mayor
Eric Nystrom Commissioner
Willy Peltier Commissioner
Victor Graf Commissioner
ALSO PRESENT: Dave Howard City Manager
LuAnn Kramer City Clerk
Ken Van Blaricum City Attorney
Diana Garten Finance Director
Russell Rambat Public Works Director
Brad Blankenship Building Inspector
Kelly Hemphill Dir. of Electric Utilities
Gary Myers Asst. Police Chief
CALL TO ORDER:
Mayor Taylor called the regular meeting to order. The Mayor instructed the Clerk to note that all Commissioners were present with the exception of Commissioner Hlavachick.
Mayor Taylor reminded the audience that the meeting may be taped and/or recorded.
MINUTES:
A motion by Commissioner Nystrom to approve the minutes of the October 19, 2009 regular meeting. The motion was seconded by Commissioner Graf.
Mayor Taylor commented that City Clerk Kramer had found in a publication about minute taking that you can vote on minutes even if you were absent and questioned City Attorney Van Blaricum if that was correct. Mr. Van Blaricum commented that he did not know if that was correct, but he would have to research that. City Manager Howard commented that he was told that by one of the KMEA attorney’s also.
After little more discussion, Mayor Taylor called for a vote and the motion on the approval of the October 19, 2009 minutes passed unanimously.
OPEN AGENDA:
Comments on Maple Street:
• El Barnes 592 Terrace Drive
Ms. El Barnes addressed the Commission on her concerns for her neighborhood if Maple Street was extended. Ms. Barnes commented that Maple Street would be a well traveled highway and would change her quiet neighborhood. Ms. Barnes added that she was not in favor of the extension and others were not either. Ms. Barnes stated that she felt blessed to be living in Pratt and on Terrace Drive, so she asked the Commission to save her neighborhood by not opening up Maple Street, but to provide a way to go around. Ms. Barnes stated that this would open up an area to a host of problems that they have not had to deal with before. Ms. Barnes commented that there were twenty-four garage doors that would have to open for twenty-four cars to back out onto Maple Street into the traffic and that was not going to be nice. Ms. Barnes repeated that she wanted the Commission to protect her neighborhood and to please find a way to go around.
• Gayle Thompson:
Ms. Gayle Thompson asked the Commission to please make a motion to bring Maple Street to a vote. Ms. Thompson commented that at the first meeting she had attended, they were told that there was an overwhelming amount of people in favor of the extension and if that were the case, the Commission should have nothing to fear. Ms. Thompson stated that the people should be able to vote on a project that would cost millions of dollars. Mayor Taylor asked where she had gotten her information. Ms Thompson stated that the cost was $3 million or higher and $1 million was for the road. Mayor Taylor clarified that that was the cost for all infrastructure. Ms. Thompson stated that it seemed right to bring this to a citizens vote and she would appreciate a motion to that effect.
A motion by Commissioner Graf to let the people vote on Maple Street. With no second, Mayor Taylor stated that the motion died for lack of a second.
• Karen Detwiler
Ms. Karen Detwiler stated that a number of people wanted to have information on the City Manager’s salary. Mayor Taylor questioned what information they wanted. Ms. Detwiler repeated that it was the salary. Mayor Taylor began to inform Ms. Detwiler that she could come into City Hall anytime to receive that information, but City Manager Howard stated that he did not mind letting them know his salary in an open meeting. Mayor Taylor stated that that was fine. City Manager Howard stated that his salary was $112,000. Ms. Detwiler asked if that included benefits. Mr. Howard answered that it did not and he did not know what that would be. Commissioner Peltier asked why that was relevant. Ms. Detwiler commented that it was not printed in the paper. Mr. Howard stated that he had disclosed it repeatedly and that it was not a secret.
• Wanda Richardson
Ms. Wanda Richardson questioned why the Commission would not let the people vote. Ms. Richardson commented that there is one Commissioner that wants it done and three that ignore it. Commissioner Nystrom commented that the State of Kansas made the determination that the Government Body votes on certain ordinances and requirements and this was one area that was not voted on by the people. Commissioner Nystrom added that this was an administrative issue not voted on by the public and does not require a tax increase so it would not affect taxes or the mill levy. Commissioner Nystrom questioned if this was put to a vote, where would we stop this type of behavior and how far do we take it. Commissioner Nystrom added that the slurry seal and overlay projects are million dollar jobs and we do not have a special election for those projects.
Mayor Taylor stated that the people had voted for this project when they voted for the Commission and they were elected to do administrative duties and this was an important project. Mayor Taylor added that the road was important, but he was not in favor of the City getting involved in the development of the land. Mayor Taylor commented that this road opens up an avenue in and out of the community and there is one commercial lot to be sold out of that parcel that would pay for other purchases. Mayor Taylor stated that the City needs a new development area and, contrary to what had been written, there are houses for sale in town, but some people are not willing to buy those and want to build. Mayor Taylor commented that he has heard overwhelming support for the project and he would welcome anyone to have a one on one conversation with him or do it in this type of forum. Mayor Taylor explained that he felt that this was in the best interest of the community and that this project did not happen twenty-five years ago possibly because the Commission was not willing to take a little heat and there has been a lot of heat. Mayor Taylor added that he appreciates the people who come to the meetings, but he feels that the Commission represents a majority of the community at this point.
Commissioner Peltier stated that he was for progress and that he had spent over a hundred hours studying this type of situation and there was no good place to build in Pratt. Commissioner Peltier added that he was for opening Maple Street and for the development and although he was not on the Commission at the time, Fincham Street was almost the same and had not been put up for a vote.
• Dennis Thimesch
Mr. Dennis Thimesch stated that he was one that was carrying a petition and he had been in all directions and there was a demanding bunch of people that signed the petition. Mr. Thimesch commented that he had visited with Commissioner Graf about the project. Mr. Thimesch stated that he had been at the meeting with Commissioner Nystrom and he had stated that there were ten items in the book he had and number three was this project in 1999. Mr. Thimesch asked if the lady that asked for that information had received it. Commissioner Nystrom stated that she worked with his wife and she did get the information. Mr. Thimesch ended his statement asking the Commission to let the people vote on this issue.
• El Barnes
Ms. Barnes addressed the Commission again letting them know that her neighborhood has become acquainted and work together and if a highway goes through, it would interrupt the neighborhood. Ms. Barnes stated that this was not a good idea and the Commission did not live there and she does. Ms. Barnes added that she has a very nice home and she was angry about getting her neighborhood cut in two and that the project was a wicked thing to do. Commissioner Peltier commented that he had heard that they were going to do something to widen Maple Street and that was not true. Commissioner Peltier added that they were not doing anything to Maple Street as it is now. Ms. Barnes asked the Commission to see if it was possible to go around her neighborhood and added that she had been involved in a number of places and they did not go through a neighborhood.
• Karen Detwiler
Ms. Detwiler commented that three times in recent weeks it had been mentioned that she had voted for Fincham Street. Ms. Detwiler stated that she wanted to remind the Commission of the reason they (**-see NOTE below) extended Maple Street and connected it and pointed out to Commissioner Peltier that he was much mistaken in that it was not the same length by a long way. Commissioner Peltier commented that he had heard that it was. Ms. Detwiler stated that he had heard wrong and that Commissioner Peltier should go down and drive it and that it stopped at Wal-Mart. Commissioner Nystrom stated that it was within about 200’ and he had the engineering specs that show that clearly. Ms. Detwiler commented that she drives it every day and Fincham Street is less than six blocks total and that it goes from the highway to Sixth Street and that is half a mile. Commissioner Nystrom agreed. Ms. Detwiler stated that where Maple Street starts and winds around to Highway 61would be longer than six blocks and in addition part of that street was already there because Wal-Mart built it clear to the end of their property. Ms. Detwiler added that all the City did was connect where Wal-Mart stopped and take it on to Sixth Street, which was probably about four blocks. Mayor Taylor asked if Ms. Detwiler had a point. Ms. Detwiler stated that the point was the reason it was connected was a safety issue and that they were concerned that if the tornado siren went off there would be too much traffic for a narrow street to handle and this gave them another out. Mayor Taylor stated that that was not the entire reason it was done and that it was done to develop the land that sits along that area along with other issues. Ms. Detwiler commented that Mayor Taylor had opened up another good point in that Commissioner Peltier had stated that there were not any lots to build on, so she questioned the development of all those lots on Fincham Street.
** NOTE: Clerk listened to the audio tape and Ms. Detwiler stated ‘Maple Street’ not ‘Fincham Street’.)
• Gloria Marsh
Ms. Gloria Marsh, who lives three houses off of Maple Street, asked the Commission why they have to open Maple Street up. Ms. Marsh asked why you could not come in from Highway 61 and build cul-de-sacs and not mess with Maple Street. Mayor Taylor commented that it could be done, but we think that the extension is the best thing to do and a lot of people go to the college who could take that avenue there. Mayor Taylor explained that you have to take the whole City into consideration and break it into quadrants and not everyone would go out on Maple Street. Ms. Marsh commented that she goes around the cemetery and it had been that way for years.
Zoning issue:
Mr. Marvin Proctor addressed the Commission on the Parke Street zoning issue that was an agenda item. Mr. Proctor commented that this had gone before the Zoning Commission and they had approved this property as commercial. Mr. Proctor stated that he did not feel that the Commission had adequately heard their objections or their options. Mr. Proctor added that he was not opposed to a vet clinic, but he was opposed to zoning it highway service, because you do not know what could come in if the clinic would close. Mr. Proctor stated that he felt that the City was unbiased in their presentation and it was misleading. Mr. Proctor added that he felt that the City was in favor of this and influenced the Zoning Commission. Mr. Proctor commented that there were statements that were made that were false about where the property lies.
Mr. Proctor stated that there were better uses for that property such as a multi-family dwelling rather than a single family dwelling. Mr. Proctor repeated that he was concerned about the highway service and things that could come in there. Mr. Proctor commented that it was implied that this property already bordered highway service and that includes the vacated street and that was no longer a barrier between them, but there is a green belt between them that was not considered. Mayor Taylor asked how much area was involved. City Manager Howard commented that this was on the agenda and they do have a map of that area. Mayor Taylor asked if Mr. Proctor could stay until that item came up on the agenda and this would be discussed further. Mr. Proctor agreed.
BUSINESS:
CONSIDERATION AND APPROVAL OF STREET CLOSURES FOR 2009 OLD FASHIONED CHRISTMAS ON NOVEMBER 21, 2009:
Chamber Director Brian Hoffman addressed the Commission concerning street closures for the Old Fashioned Christmas and that they would be the same as the last few years. Mr. Hoffman pointed out the closures on the map and informed the Commission that the event would be from 12:30 p.m. to 7:00 p.m. Mr. Hoffman commented that the fire department would provide lighting after dark for safety issues and that there would be inflatable’s for the kids this year. Mr. Hoffman added that there had been great attendance and community support in the past and that he would be contacting the businesses in that area. A motion by Commissioner Nystrom to approve the street closures for the 2009 Old Fashioned Christmas on November 21st from 2:00 p.m. to 7:00 p.m. The motion was seconded by Commissioner Peltier and carried unanimously.
CONSIDERATION AND APPROVAL OF BID FOR PAD MOUNT TRANSFORMER AT THE NEW HOLIDAY INN EXPRESS:
Director of Electric Utilities Kelly Hemphill informed the Commission that they had sent out three quotes for the transformer for the Holiday Inn and three had been returned. Mr. Hemphill reviewed the quotes with the Commission, which were Stanion Wholesale Electric at $16,994, Kriz-Davis Co. at $22,895, and Solomon Corporation at $15,415 and explained that the original quote had stated that this was for a new transformer. Mr. Hemphill stated that Solomon Corporation had bid on a remanufactured transformer and with that many watts being consumed all the time, he was rejecting the Solomon Corporation bid since it was for a remanufactured transformer when it was specified that we were asking for a new transformer. Mr. Hemphill recommended that the Commission approve the bid from Stanion Wholesale Electric in the amount of $16,994 due to the loss and the price being less than the other bid. Mayor Taylor questioned if it had anything to do with the local 5%. Mr. Hemphill stated that it did not. A motion by Commissioner Peltier to accept the Stanion Wholesale Electric bid in the amount of $16,994 for one pad mount transformer. The motion was seconded by Commissioner Graf and carried unanimously.
CONSIDERATION AND APPROVAL OF BID FOR INFRARED TUBE HEATERS IN NEW FIRE STATION:
Building Inspector Brad Blankenship commented to the Commission that this was a bid for an upgrade for the new fire station and the bay area needs heating before the trucks could be moved over. Mr. Blankenship explained that infrared tube heating was the way to go instead of forced air, because you do not have to have return air. Mr. Blankenship added that the infrared tube heaters are highly efficient.
Mr. Blankenship informed the Commission that four quotes had been sent out and three had been returned. Mr. Blankenship explained that the quote had asked for a Schwank Whisper Tube 80,000 or a Superior 80,000, which were the top brands for tube heaters. Mr. Blankenship commented that with the bay doors down, the heaters would not fire up all the time, so there would be a lower demand. Mr. Blankenship reviewed the quotes with the Commission with Adam’s Electric bringing in a bid of $11,399, M & F Heating with a bid for $13,875, and C & J Heating’s bid was $19,745. Mr. Blankenship recommended the low bid from Adam’s Electric in the amount of $11,399. City Manager Dave Howard commented that $100,000 had been budgeted for this project along with the $60,000 from the antenna lease. A motion by Commissioner Peltier to approve the bid from Adam’s Electric in the amount of $11,399 for the tube heaters. The motion was seconded by Commissioner Nystrom and carried unanimously.
Commissioner Peltier questioned if there would be a need for air conditioning later. Mr. Blankenship stated that there was a seven ton unit from JC Food’s, but it would not make it sixty-five degrees and that there would not be any air conditioning in the bay area. Commissioner Peltier asked about any of the other areas. Mr. Blankenship commented that there would be air conditioning in office areas.
CONSIDERATION AND APPROVAL OF ORDINANCE AMENDING ZONING ON PARKE STREET:
Commissioner Peltier questioned if this was basic tenure for the Zoning Commission. City Manager Howard commented that the Commission had been given the unapproved minutes from their meeting and that the way it works was that anybody who owns property in Pratt can submit for a zoning change. Mr. Howard stated that the Planning & Zoning Commission look at different criteria and the reason they had given this consideration and passed it was that it borders existing highway service district areas. Mr. Howard added that there was a vacant street, but that it was not taken into consideration as a barrier.
City Attorney Van Blaricum stated that an application by the property owner had been submitted to the Zoning Commission and that the property was south of the highway. Mr. Van Blaricum commented that the owner was requesting the property go from ‘R-2, Single Family Residential Dwelling District’ to ‘C-S, Highway Service District’. Mr. Van Blaricum explained that the owner had come before the Planning Commission and they had approved the application. Mr. Van Blaricum stated that the Commission can approve the recommendation of the Planning & Zoning Commission, reject that application or send it back to the Planning Commission.
Mr. Howard commented that there had been a public hearing and specific notification had been given to the property owners in that area. Mr. Proctor, who had spoken in open agenda, commented that it had been approved with a three to one vote and one abstained vote by Mr. Kenny Gates. Mayor Taylor commented that he would like to see the lots that were involved. Mr. Howard pointed out the area on the map. Building Inspector Blankenship explained that this area was 8’ of Lot 9 and all of lots 10, 11 & 12. Mr. Howard added that there are other general commercial areas here. Commissioner Peltier asked what was on lot 8. Mr. Blankenship commented that there was a house and both owners were at this meeting. Mayor Taylor questioned why it should be zoned Highway Service District and not another category. Commissioner Peltier commented that that was the less of three evils. Mr. Howard agreed and added that industrial would not be the proper zoning. Commissioner Peltier asked about the zoning for lots 7, 8 &9. Mr. Howard stated that they were already zoned Highway Service District and that the other side of the street was vacant. Commissioner Peltier asked what it was zoned. Mr. Blankenship commented that it was General Commercial.
Mr. Proctor questioned if there could be a possible variance and added that he was not opposed to the vet clinic, but what could come after that. City Attorney Van Blaricum commented that it might be possible and that it would have to go back to the Zoning Commission. Mr. Howard added that he would have to read up on variances, but there were certain items that have to be considered. Owner of the property, Ms. Deb Withers commented that part of Lot 9 was not on the petition and that this was going to be a vet hospital not a tool shop. Mayor Taylor questioned if they could do a provisional type of zoning where it would have to come back to the Zoning Commission if the vet clinic was no longer there. Commissioner Peltier commented that it would be hard to get back. Mr. Van Blaricum commented that he did not have the answer to that, but they could send this back to the Planning Commission.
Commissioner Nystrom questioned why Mr. Gates had abstained. Mr. Van Blaricum stated that the chairman of that Commission does not vote unless to break a tie. Ms. Jama Hommertzheim commented that she felt the same way as Mr. Proctor and was not against the vet clinic, but did not want to open the door to commercial and lose control. Commissioner Nystrom asked what ‘General’ meant. Mr. Howard stated that it had the same uses as allowed in Highway Service District. Commissioner Peltier asked if the stuff across the street was more restrictive. Mr. Howard commented that there were seventy five uses in that zoning and fifty-two in the other, which would include tire repair shops, laundries, and sheet metal shops. Mayor Taylor commented that he would like to see the Planning Commission research the ideas that had been thrown out. Mr. Howard commented that they had tried to find a different zoning, but there were not a lot of choices in this instance.
Commissioner Peltier asked what type of hardship it would cause if the owner had to wait for a decision. Dr. Pam Withers asked how long the wait would be. Mr. Howard stated that the next Planning meeting would be on the 19th. Mr. Van Blaricum commented that he would recommend something to the Commission then. Commissioner Peltier commented that he did not think that the owner would sell out to a body shop. Commissioner Nystrom commented that the issue across the street makes this a unique situation also. Commissioner Peltier commented that there were a lot more things that could go in across the street. Commissioner Nystrom commented that this gives the Planning and Zoning Commission something to look at. Mr. Van Blaricum commented that they would consider the variance or other options. Commissioner Nystrom questioned if the City Commissioners had to approve a variance. Mr. Howard stated that they did not. Mayor Taylor stated that this agenda item would be tabled so that the City Attorney could explore other provisions on limited zoning or a variance and send this back to the Planning and Zoning Commission with instructions to go with what the City Attorney finds.
REPORTS:
City Manager:
• KMEA Meeting:
Mr. Howard commented that he was on the Executive Board for KMEA and that he would be at a meeting Tuesday and Wednesday. Mr. Howard stated that one of the biggest issues would be the cap and trade issue, which involves all electrical State agencies and could mean higher prices. Mr. Howard added that this was not just a local issue, but it was a national issue.
• Emergency Management Meeting:
Mr. Howard commented that there was an Emergency Management meeting on November 10th to discuss winter safety. Mr. Howard stated that the City was going to participate to discuss electricity and roads and what to do in a snow emergency.
• Letter from Susan Page:
Mr. Howard stated that the Commission should have gotten a letter from Ms. Susan Page at PRMC about a meeting there tonight at 6:45 p.m. and he was planning on attending.
Public Works:
• Curb & Gutter:
Public Works Director Russell Rambat commented that the curb and gutter project was done.
• Lemon’s Park entrance:
Mr. Rambat commented that the street department was going to fill in the ditches at the Lemon’s Park entrance and they would get grass planted there next spring.
• Slurry Seal project:
Mr. Rambat informed the Commission that the slurry seal project was finally complete. Mr. Rambat stated that the weather had delayed the project for about a month and that they would be finishing up the paper work soon.
• Christmas Downtown:
Mr. Rambat stated that his crews were working on the getting ready for the Christmas season. Mayor Taylor commented that he had seen some of the staff working on Christmas decorations today.
Electric Department:
• Work on Main Street:
Director of Electric Utilities Kelly Hemphill stated that line distribution had been working on the east side of Main Street replacing Christmas lights. Mr. Hemphill commented that they would only be doing this in the 100 block of South Main Street this year and that the parking spaces should open up shortly.
• Cylinder Heads:
Mr. Hemphill stated that the technician was here to test the cylinder heads and that the engine was running a thirty hour test. Mr. Hemphill informed the Commission that they had found that three cylinders had scratches on them, but they were doing fine. Mr. Hemphill added that Fairbanks Morse will do a balance procedure once this test was complete and the insurance company had requested that they also do vibration tests.
Power Plant Superintendent Ernie Smith informed the Commission that they were about ten hours into the thirty hour run. City Manager Howard commented that they were actually generating now.
Finance:
• Sales tax for October:
Finance Director Diana Garten informed the Commission that sales tax for October was down about $8,000 from last year and for 2009 was down about $20,000. Ms. Garten added that we were up over 2007 by about $50,000 and that 2008 was an exceptional year. Ms. Garten commented that there had been a steady increase over the last three months, so things were getting better.
Congratulations to employees:
Mayor Taylor asked that congratulations go out to Mr. Aaron Blasi from line distribution on his accomplishment in taking first in the pole climbing category at the lineman rodeo during the KMU workshop.
Mayor Taylor also congratulated Mr. Louis Bale and Mr. Dwayne West on receiving training in snow and ice control.
Tourism funds question:
Mayor Taylor commented that he had been approached by someone from another community and they wanted to know how we were able to spend money from the Tourism fund. Mayor Taylor stated that he knew we have a committee and the City has permission to use those funds as we see fit based on the fact that it is for an allowable expenditure. Mayor Taylor added that this community does not have a very active committee, but they are there for small requests.
City Attorney Ken Van Blaricum stated that the City is bound to our own ordinance and it defines what we can do. Mr. Van Blaricum added that the resolution passed at the last meeting involving the water project confirms what we are doing with those funds. Mr. Van Blaricum commented that this community may be operating under the State ordinance, but he would look into it. Mr. Howard commented that they may not have home ruled out.
ADJOURN:
A motion by Commissioner Peltier to adjourn. The motion was seconded by Commissioner Graf and carried unanimously.
__________________________________
JEFF TAYLOR, Mayor
(SEAL)
ATTEST:
_____________________________________
LUANN KRAMER, City Clerk
Monday, November 16, 2009
11/16 City Commission Agenda
MONDAY
NOVEMBER 16, 2009
PRATT CITY COMMISSION – REGULAR COMMISSION MEETING
COMMISSION ROOM – 5:00 P.M.
1. CALL TO ORDER (Remind audience that meeting is being recorded and/or taped.)
2. ROLL CALL
3. MINUTES-November 02, 2009 Regular City Commission meeting
4. OPEN AGENDA
5. BUSINESS:
5.1 Presentation of 2009 Capacity Development Achievement Award to Kelvin Clay, Water Superintendent – Allen Guernsey, Kansas Dept. of Health & Environment
5.2 Recognition of Dennis Cox, Lineman Crew Chief, for Receiving the 2009 Daryle Nielsen Distinguished Service Award – Kelly Hemphill, Dir. of Electric Utilities
5.3 Presentation of Service Awards to City Employees – Mayor Taylor and Commission
5.4 Consideration and Approval of Appointments to the Recreation Advisory Board – Bruce Pinkall, Recreation Director
5.5 Update on the Green Sports Complex and Discussion on Bleacher Covers – Bruce Pinkall, Recreation Director
5.6 Consideration and Approval of Low Bid for 1 Replacement Indoor Magne Blast Breaker – Kelly Hemphill, Dir. of Electric Utilities
5.7 Consideration and Approval of Ordinance Annexing Property East of Green Sports Complex to the City of Pratt – Ken Van Blaricum, City Attorney(ORDINANCE 0918)
5.8 Consideration and Approval of Ordinance Annexing a Portion of Fincham Street to the City of Pratt – Ken Van Blaricum, City Attorney (ORDINANCE 0919)
5.9 Consideration and Approval of Resolution Exempting the City from the Requirements of K.S.A. 75-1120a(a) – Ken Van Blaricum, City Attorney
6. REPORTS
6.1 City Manager
6.2 City Attorney
6.3 Department Heads
6.4 Mayor
6.5 City Commission
7. ADJOURN
NOVEMBER 16, 2009
PRATT CITY COMMISSION – REGULAR COMMISSION MEETING
COMMISSION ROOM – 5:00 P.M.
1. CALL TO ORDER (Remind audience that meeting is being recorded and/or taped.)
2. ROLL CALL
3. MINUTES-November 02, 2009 Regular City Commission meeting
4. OPEN AGENDA
5. BUSINESS:
5.1 Presentation of 2009 Capacity Development Achievement Award to Kelvin Clay, Water Superintendent – Allen Guernsey, Kansas Dept. of Health & Environment
5.2 Recognition of Dennis Cox, Lineman Crew Chief, for Receiving the 2009 Daryle Nielsen Distinguished Service Award – Kelly Hemphill, Dir. of Electric Utilities
5.3 Presentation of Service Awards to City Employees – Mayor Taylor and Commission
5.4 Consideration and Approval of Appointments to the Recreation Advisory Board – Bruce Pinkall, Recreation Director
5.5 Update on the Green Sports Complex and Discussion on Bleacher Covers – Bruce Pinkall, Recreation Director
5.6 Consideration and Approval of Low Bid for 1 Replacement Indoor Magne Blast Breaker – Kelly Hemphill, Dir. of Electric Utilities
5.7 Consideration and Approval of Ordinance Annexing Property East of Green Sports Complex to the City of Pratt – Ken Van Blaricum, City Attorney(ORDINANCE 0918)
5.8 Consideration and Approval of Ordinance Annexing a Portion of Fincham Street to the City of Pratt – Ken Van Blaricum, City Attorney (ORDINANCE 0919)
5.9 Consideration and Approval of Resolution Exempting the City from the Requirements of K.S.A. 75-1120a(a) – Ken Van Blaricum, City Attorney
6. REPORTS
6.1 City Manager
6.2 City Attorney
6.3 Department Heads
6.4 Mayor
6.5 City Commission
7. ADJOURN
Friday, November 6, 2009
10/19/09-Approved City Commission minutes
MONDAY
OCTOBER 19, 2009
The Governing Body of the City of Pratt met in Regular session in the Commission Room located in City Hall.
PRESENT: Eric Nystrom Vice-Mayor
Bill Hlavachick Commissioner
Willy Peltier Commissioner
Victor Graf Commissioner
ALSO PRESENT: Dave Howard City Manager
LuAnn Kramer City Clerk
Ken Van Blaricum City Attorney
Diana Garten Finance Director
Russell Rambat Public Works Director
Brad Blankenship Building Inspector
Kelly Hemphill Dir. Of Electric Utilities
Steve Holmes Chief of Police
CALL TO ORDER:
Vice-Mayor Nystrom called the meeting to order. The Vice-Mayor instructed the Clerk to note that all Commissioners were present with the exception of Mayor Taylor who was ill.
Vice-Mayor Nystrom informed the audience that the meeting may be taped and/or recorded.
MINUTES:
A motion by Commissioner Hlavachick to approve the minutes of the regular Commission meeting on October 05, 2009. The motion was seconded by Commissioner Graf and carried with three approved votes and one abstained vote by Commissioner Peltier.
OPEN AGENDA:
No one in the audience wished to address the Commission.
BUSINESS:
CONSIDERATION AND APPROVAL OF ORDINANCE ADOPTING THE INTERNATIONAL BUILDING CODE, 2006 EDITION; AND PROVIDING FOR THE ESTABLISHMENT OF PERMITS AND FEES:
City Attorney Ken Van Blaricum commented that it had been several years since the City had adopted a new code and that was the 1997 building code. Mr. Van Blaricum stated that this ordinance would adopt the 2006 Edition and was the one that most contractors were familiar with. Mr. Van Blaricum added that the fee schedules were in effect now and could be changed by resolution. Vice-Mayor Nystrom commented that it was a good idea to update and 2006 was a good compromise. Building Inspector Brad Blankenship commented that this needed to be updated from the UBC, which they do not make anymore.
The following Ordinance 0917 was then presented to the Commissioners for their approval: AN ORDINANCE AMENDING SECTIONS 15.04.010 AND 15.04.050 OF THE MUNICIPAL CODE OF THE CITY OF PRATT, KANSAS; PROVIDING FOR THE ADOPTION OF THE INTERNATIONAL BUILDING CODE, 2006 EDITION; AND PROVIDING FOR THE ESTABLISHMENT OF PERMITS AND FEES. A motion by Commissioner Peltier to accept Ordinance 0917. The motion was seconded by Commissioner Hlavachick and carried unanimously.
CONSIDERATION AND APPROVAL OF RESOLUTION AUTHORIZING THE USE OF TRANSIENT GUEST TAX FUNDS FOR THE SUNFLOWER H2O PROJECT:
City Attorney Ken Van Blaricum reminded the Commission that they had heard from the Sunflower H2O project members a couple of meetings ago and they had been here to ask for money to move on to Phase II of the project. Mr. Van Blaricum commented that the Commission had authorized further funding for Phase II if the funds would come from Travel and Tourism and not an extra charge per meter. Mr. Van Blaricum stated that this resolution states that it can be done and our ordinance states that the funds can be used to promote general economic welfare.
Vice-Mayor Nystrom questioned that the $58,000 figure is more than $.50 per meter over three years. City Manager Dave Howard stated that that is figured on the number of water meters, but the money would not come out of the water fund.
The following Resolution 101909 was then presented to the Commission for their approval: A RESOLUTION AUTHORIZING THE USE OF TRANSIENT GUEST TAX FUNDS FOR THE SUNFLOWER H2O PROJECT. A motion by Commissioner Hlavachick to approve Resolution 101909 authorizing $58,000 from the Transient Guest Tax fund over a three year span for Phase II of the Sunflower H2O project.
REPORTS:
Airport function:
City Manager Dave Howard reminded the Commission about the function at the airport tomorrow. Mr. Howard added that he had saved six spaces and it was from 3:00 p.m. to 6:00 p.m.
Lawsuit update:
City Attorney Ken Van Blaricum commented that the suit that had been filed concerning the petition on the Maple Street project had been heard on October 9, 2009. Mr. Van Blaricum stated that the District Court had found that the petition was not satisfactory. Mr. Van Blaricum commented that he would be glad to answer any questions about the lawsuit or any petition to stop the Maple Street extension.
Public Works:
Slurry Seal project:
Public Works Director Russell Rambat commented that the slurry seal project should finish up in the next couple of days and the cold rainy weather had slowed down their progress. Mr. Rambat reminded the Commission that Country Club Road was on their list and it was hard to get to.
Lemon’s Park drainage boxes:
Mr. Rambat stated that the boxes by Lemon’s Park had been poured, so the walkers walking down Pine Street would be able to walk over the tracks in the next couple of weeks. Commissioner Peltier commented that the work looks nice.
517 S. Hamilton:
Building Inspector Brad Blankenship commented that the owner of 517 South Hamilton had sent a letter to the City Manager and had relinquished the property over to the City. Mr. Van Blaricum commented that it was nice to have the letter in the file, but it was not legal. Mr. Van Blaricum stated that the owner does not object to what we are doing. Mr. Blankenship added that we are following the process.
Garden City incentive:
Vice-Mayor Nystrom commented that the Hutchinson News had reported that Garden City was offering an incentive for housing developers. Vice-Mayor Nystrom stated that he had visited with them and they have similar issues that Pratt has. Vice-Mayor Nystrom explained that they were offering $3,000 cash on completion of a home and they were forgiving fees and permits and also giving the land away to anyone that would develop on it. Vice-Mayor Nystrom added that they were desperate for development since the slump in 2000 caused their developers to move away. Vice-Mayor Nystrom added that Pratt was not doing anything unique.
Stanion open house:
Commissioner Hlavachick reminded everyone of the open house to be held at Stanion Wholesale Electric on Thursday from 4:00 pm to 6:00 pm.
ADJOURN:
A motion by Commissioner Hlavachick to adjourn. The motion was seconded by Commissioner Peltier and carried unanimously.
__________________________
ERIC NYSTROM, Vice-Mayor
(SEAL)
ATTEST:
____________________________
LUANN KRAMER, City Clerk
OCTOBER 19, 2009
The Governing Body of the City of Pratt met in Regular session in the Commission Room located in City Hall.
PRESENT: Eric Nystrom Vice-Mayor
Bill Hlavachick Commissioner
Willy Peltier Commissioner
Victor Graf Commissioner
ALSO PRESENT: Dave Howard City Manager
LuAnn Kramer City Clerk
Ken Van Blaricum City Attorney
Diana Garten Finance Director
Russell Rambat Public Works Director
Brad Blankenship Building Inspector
Kelly Hemphill Dir. Of Electric Utilities
Steve Holmes Chief of Police
CALL TO ORDER:
Vice-Mayor Nystrom called the meeting to order. The Vice-Mayor instructed the Clerk to note that all Commissioners were present with the exception of Mayor Taylor who was ill.
Vice-Mayor Nystrom informed the audience that the meeting may be taped and/or recorded.
MINUTES:
A motion by Commissioner Hlavachick to approve the minutes of the regular Commission meeting on October 05, 2009. The motion was seconded by Commissioner Graf and carried with three approved votes and one abstained vote by Commissioner Peltier.
OPEN AGENDA:
No one in the audience wished to address the Commission.
BUSINESS:
CONSIDERATION AND APPROVAL OF ORDINANCE ADOPTING THE INTERNATIONAL BUILDING CODE, 2006 EDITION; AND PROVIDING FOR THE ESTABLISHMENT OF PERMITS AND FEES:
City Attorney Ken Van Blaricum commented that it had been several years since the City had adopted a new code and that was the 1997 building code. Mr. Van Blaricum stated that this ordinance would adopt the 2006 Edition and was the one that most contractors were familiar with. Mr. Van Blaricum added that the fee schedules were in effect now and could be changed by resolution. Vice-Mayor Nystrom commented that it was a good idea to update and 2006 was a good compromise. Building Inspector Brad Blankenship commented that this needed to be updated from the UBC, which they do not make anymore.
The following Ordinance 0917 was then presented to the Commissioners for their approval: AN ORDINANCE AMENDING SECTIONS 15.04.010 AND 15.04.050 OF THE MUNICIPAL CODE OF THE CITY OF PRATT, KANSAS; PROVIDING FOR THE ADOPTION OF THE INTERNATIONAL BUILDING CODE, 2006 EDITION; AND PROVIDING FOR THE ESTABLISHMENT OF PERMITS AND FEES. A motion by Commissioner Peltier to accept Ordinance 0917. The motion was seconded by Commissioner Hlavachick and carried unanimously.
CONSIDERATION AND APPROVAL OF RESOLUTION AUTHORIZING THE USE OF TRANSIENT GUEST TAX FUNDS FOR THE SUNFLOWER H2O PROJECT:
City Attorney Ken Van Blaricum reminded the Commission that they had heard from the Sunflower H2O project members a couple of meetings ago and they had been here to ask for money to move on to Phase II of the project. Mr. Van Blaricum commented that the Commission had authorized further funding for Phase II if the funds would come from Travel and Tourism and not an extra charge per meter. Mr. Van Blaricum stated that this resolution states that it can be done and our ordinance states that the funds can be used to promote general economic welfare.
Vice-Mayor Nystrom questioned that the $58,000 figure is more than $.50 per meter over three years. City Manager Dave Howard stated that that is figured on the number of water meters, but the money would not come out of the water fund.
The following Resolution 101909 was then presented to the Commission for their approval: A RESOLUTION AUTHORIZING THE USE OF TRANSIENT GUEST TAX FUNDS FOR THE SUNFLOWER H2O PROJECT. A motion by Commissioner Hlavachick to approve Resolution 101909 authorizing $58,000 from the Transient Guest Tax fund over a three year span for Phase II of the Sunflower H2O project.
REPORTS:
Airport function:
City Manager Dave Howard reminded the Commission about the function at the airport tomorrow. Mr. Howard added that he had saved six spaces and it was from 3:00 p.m. to 6:00 p.m.
Lawsuit update:
City Attorney Ken Van Blaricum commented that the suit that had been filed concerning the petition on the Maple Street project had been heard on October 9, 2009. Mr. Van Blaricum stated that the District Court had found that the petition was not satisfactory. Mr. Van Blaricum commented that he would be glad to answer any questions about the lawsuit or any petition to stop the Maple Street extension.
Public Works:
Slurry Seal project:
Public Works Director Russell Rambat commented that the slurry seal project should finish up in the next couple of days and the cold rainy weather had slowed down their progress. Mr. Rambat reminded the Commission that Country Club Road was on their list and it was hard to get to.
Lemon’s Park drainage boxes:
Mr. Rambat stated that the boxes by Lemon’s Park had been poured, so the walkers walking down Pine Street would be able to walk over the tracks in the next couple of weeks. Commissioner Peltier commented that the work looks nice.
517 S. Hamilton:
Building Inspector Brad Blankenship commented that the owner of 517 South Hamilton had sent a letter to the City Manager and had relinquished the property over to the City. Mr. Van Blaricum commented that it was nice to have the letter in the file, but it was not legal. Mr. Van Blaricum stated that the owner does not object to what we are doing. Mr. Blankenship added that we are following the process.
Garden City incentive:
Vice-Mayor Nystrom commented that the Hutchinson News had reported that Garden City was offering an incentive for housing developers. Vice-Mayor Nystrom stated that he had visited with them and they have similar issues that Pratt has. Vice-Mayor Nystrom explained that they were offering $3,000 cash on completion of a home and they were forgiving fees and permits and also giving the land away to anyone that would develop on it. Vice-Mayor Nystrom added that they were desperate for development since the slump in 2000 caused their developers to move away. Vice-Mayor Nystrom added that Pratt was not doing anything unique.
Stanion open house:
Commissioner Hlavachick reminded everyone of the open house to be held at Stanion Wholesale Electric on Thursday from 4:00 pm to 6:00 pm.
ADJOURN:
A motion by Commissioner Hlavachick to adjourn. The motion was seconded by Commissioner Peltier and carried unanimously.
__________________________
ERIC NYSTROM, Vice-Mayor
(SEAL)
ATTEST:
____________________________
LUANN KRAMER, City Clerk
Thursday, October 29, 2009
10/5/09 Approved City Commission meeting minutes
MONDAY
OCTOBER 05, 2009
The Governing Body of the City of Pratt met in Regular session in the Commission Room located in City Hall.
PRESENT: Jeff Taylor Mayor
Bill Hlavachick Commissioner
Eric Nystrom Commissioner
Victor Graf Commissioner
ALSO PRESENT: Dave Howard City Manager
LuAnn Kramer City Clerk
Ken Van Blaricum City Attorney
Diana Garten Finance Director
Russell Rambat Public Works Director
Steve Holmes Chief of Police
Brad Blankenship Building Inspector
Kelly Hemphill Dir. of Electric Utilities
Bruce Pinkall Recreation Director
CALL TO ORDER:
Mayor Taylor called the regular session to order. The Mayor instructed the Clerk to note that all Commissioners were present with the exception of Commissioner Peltier who was at a medical conference.
The Mayor reminded the audience that this meeting may be taped and/or recorded.
MINUTES:
A motion by Commissioner Hlavachick to approve the minutes of the September 21, 2009 regular Commission meeting. The motion was seconded by Commissioner Nystrom and carried unanimously.
OPEN AGENDA:
No one in the audience wished to address the Commission.
BUSINESS:
READING OF PROCLAMATION FOR ‘DISABILITY MENTORING DAY’ ON OCTOBER 20, 2009:
Mayor Taylor read the proclamation for ‘Disability Mentoring Day’ that would be on October 20, 2009. Two representatives from Prairie Independent Living Center joined the Mayor at the dais for a photo.
CONSIDERATION AND APPROVAL OF TENNIS COURT IMPROVEMENTS USING TRAVEL AND TOURISM FUNDS:
Recreation Director Bruce Pinkall explained a little of the history of the Walter Blake Tennis Complex and let them know that in 2000 the six court complex was turned into a ten court complex thanks to past and present tennis players, private individuals, the City and USD 382. Mr. Pinkall commented that due to the upgrades and improvements, Pratt has been able to host seven State championships and over fourteen Regional championships and one Region 6 NJCCC Championship
Mr. Pinkall stated that the surfacing was done on our own, but that we were now experiencing ‘bird baths’ or water standing on the surface, fencing not parallel to the tennis courts, mounting for the net brackets were wearing through and the cracks between the courts have started growing vegetation. Mr. Pinkall added that freezing precipitation was also causing damage. Mr. Pinkall explained that the resurfacing would involve power washing to remove any loose surface materials, grinding off any uneven areas, applying resurfacer and two coats of plexi-pave.
Mr. Pinkall informed the Commission that he had had numerous people call and look at the courts, but had gotten only one written bid back and he would like to move forward on the project as soon as possible. Mr. Pinkall stated that the temperature had to be over 85 degrees, so the project would probably start the first part of the spring. Commissioner Nystrom asked if all the courts needed maintenance. Mr. Pinkall stated that he had asked that the proposals be for all ten courts and that he would get back to the company with how many we could fund. Mayor Taylor asked if they would all be done at the same time. Mr. Pinkall stated that they would be and that with four or more, you get a reduction in cost. Commissioner Nystrom asked about the cost to get all the courts up to par. Mr. Pinkall answered that cost would be $50,950 for the resurfacing and crack sealing. Mr. Pinkall added that the paint work and fencing problems may be done in house.
Mr. Pinkall stated that the next planned state tournament was the 4A boys and Pratt High School would be the host. Commissioner Hlavachick asked how many teams would be involved. Mr. Pinkall stated that it could be up to sixteen participants and it would last two days. Mr. Pinkall stated that the courts were not unplayable and that this was more cosmetic and the last cosmetic repairs had lasted ten years.
Mr. Pinkall commented that the money for this project would come out of travel and tourism funds and that this project should create more tourism in town. Commissioner Nystrom asked about using any of the Riney money. Finance Director Diana Garten commented that you could use that money. Commissioner Graf asked how travel and tourism funds were generated. City Manager Dave Howard explained that it was from people staying in motels and paying the lodging or bed tax and was basically paid by people that do not live in the City or County due to events that bring them to town. Mr. Howard added that this was a healthy fund. Mr. Pinkall commented that he hoped that these improvements brought more activity such as youth and adult tennis tournaments. Mr. Howard stated that some people value tennis as an attraction and that the more we have to offer the better chance we have of getting them into town. Mr. Pinkall commented that they would be doing youth tennis lessons in the summer.
Commissioner Nystrom asked about the life of the improvements. Mr. Pinkall stated that there was a one year guarantee and that there was a ten year life span for this. Mayor Taylor commented that this was good use of the bed tax funds, because it is hard to find things to use those funds for. Commissioner Nystrom asked if they would be able to do anything yet this fall. Mr. Pinkall commented that he did not know, but did not want to take a chance. Mayor Taylor asked if the company would hold this price. Mr. Pinkall stated that the contractor said that he would. Commissioner Graf questioned if the work would be done before the tournaments. Mr. Pinkall stated that it would be. Mayor Taylor asked how soon you can get on a court after they are resurfaced. Mr. Pinkall stated that they have to sit overnight, but if it is too hot they do not cure. Commissioner Graf questioned if we could table this and go back to the other companies and see if they would be willing to bid to redo all ten courts. Commissioner Nystrom stated that that is bid shopping and you cannot do that.
A motion by Commissioner Hlavachick to approve the bid from Mid-American Courtworks to resurface the courts at the Walter Blake Tennis Complex in the amount not to exceed $50,950 using travel and tourism funds. The motion was seconded by Commissioner Graf and carried unanimously.
Mr. Pinkall commented that Pratt High School would be using the tennis courts for their Regional tournament this weekend and asked for the Commission’s approval for use of the Scout Cabin also. Mr. Pinkall added that they would not be blocking off any streets for this tournament. The Commission gave their approval for the school to use the Scout Cabin during the Regional tournament.
REPORTS:
City Manager:
College rodeo:
City Manager Howard commented that the college rodeo was the largest they had ever had. Mayor Taylor added that it was a very successful event. Mr. Howard added that we have an understanding with the college that the trash out in the park area get cleaned up a day or two after the rodeo and they do a good job of that.
New hotel:
Mr. Howard commented that he had had a meeting with the new hotel owners and the architect and that most hotels have a footprint that they have to build on, but they are looking at increasing the space for the conference room. Mr. Howard explained that a larger conference room would be a good move for Pratt and bring in conferences for different organizations in town that have to travel now.
Chief’s accomplishment:
Mr. Howard stated that Police Chief Steve Holmes would be appointed president of the Kansas Police Officers Association on Wednesday and that was quite an accomplishment. Mr. Howard added that he should be proud of that appointment. Mayor Taylor added that Chief Holmes does a good job.
City Attorney:
H2O project funding:
City Attorney Ken Van Blaricum commented that he had checked into using tourism funds for the Sunflower H2O project and that he had found that you can use these dollars for economic welfare. Mr. Van Blaricum stated that Fort Scott had used these funds to renovate their Visitors Center and their website although some objected to that. Mr. Van Blaricum commented that all it would take is a resolution finding that the funds would promote economic welfare for Pratt. After a short discussion, the Commission was in agreement that a resolution should be brought to them at the next meeting.
Petition on Maple Street Extension:
City Attorney Van Blaricum stated that he would like to update the Commission on the lawsuit concerning the petition on the Maple Street extension and he would be glad to do that now or in executive session to discuss attorney/client privilege. The Commission agreed to discuss it out of executive session.
Mr. Van Blaricum commented that this was a statutory item and that the Commission had voted to extend Maple Street by motion and second and a vote was taken. Mr. Van Blaricum stated that there were tax payers who did not want that and had had a local attorney draft a petition to attempt to block the extension. Mr. Van Blaricum explained that the State law requires that to make a petition valid you have to take it to the County Clerk who then takes it to the County Attorney and he determines whether or not the petition was legal.
Mr. Van Blaricum stated that was what happened and County Counselor Gordon Stull had written his opinion within three days that the petition was not valid to form and so the ruling was that it was not good enough. Mr. Van Blaricum explained that since then the petition had been redrafted using different language and had been brought back to the County Clerk who resubmitted it to the County Counselor. Mr. Van Blaricum commented that Mr. Stull had called Attorney Jack Black and expressed that it was not quite good enough form, but Mr. Black had felt that it was. Mr. Van Blaricum stated that there was enough of a disagreement that County Counselor Stull would not give a ruling.
Mr. Van Blaricum commented that the law goes on to state that if the County does not give a ruling, the petition is presumed valid unless a City or government unit takes action to block the action in District Court. Mr. Van Blaricum stated that any action has to be filed with the District Court in a narrow window of time and that he had advised the Commission that the State Statute gives twenty days, but was vague on what ‘filed’ means.
Mr. Van Blaricum explained that the process started on September 4th with the filing of the petition with the County election officer and he did not want to lose the option to object so the lawsuit was filed with District Court using that date. Mr. Van Blaricum commented that Ms. Karen Detwiler was named as carrying the petition and the lawsuit was filed on September 22nd in District Court. Mr. Van Blaricum commented that several days later he received a reply of defendant filed by Ms. Detwiler.
Mr. Van Blaricum stated that this puts the matter at issue before the District Judge and he must decide if the petition is valid or if the lawsuit was brought too early and should go by filing of a signed petition, which would require a postponement to a later date. Mr. Van Blaricum commented that the Judge has twenty days to make a ruling and that the matter is decided quickly.
Mr. Van Blaricum stated that he had visited with the Judge and the hearing was set for 10:00 a.m. Friday, October 9th and that he (Mr. Van Blaricum) did not know the ruling. Mr. Van Blaricum commented that if the Judge decides that the petition is valid, the City will know where they stand, as will the petitioners, if it is ruled invalid so they would not have to waste their time getting signatures.
Commissioner Nystrom thanked Mr. Van Blaricum for clarifying this and hoped it would eliminate some confusion.
Public Works:
Slurry Seal project:
Public Works Director Russell Rambat commented that the slurry seal project had begun on the southeast part of town, but Mother Nature had taken it in a different direction than planned. Mr. Rambat explained that with the weather conditions it would take another full week for the project and to get vehicles moved. Mayor Taylor questioned if the bare strips would be filled. Mr. Rambat stated that they would and that they pull a nine foot path so it takes several paths.
Drainage boxes:
Mr. Rambat informed the Commission that Street Superintendent Harley Dancaster and Street Foreman Roy Sinclair had been forming up the drainage boxes by Lemon’s Park. Mr. Rambat stated that the intentions were to get the boxes set and the drainage plumbed in
Curb and Gutter 2010 project:
Mr. Rambat commented that he was already looking at next year’s curb and gutter project and street projects. Mayor Taylor stated that he had received compliments on the curb and gutter project. Mr. Rambat commented that the guys do a good job.
Building Inspector:
New projects:
Building Inspector Brad Blankenship commented that he had been fielding calls concerning the Maydew Vision Clinic and the new hotel. Mayor Taylor asked if there was a time table for the new hotel. Mr. Blankenship commented that they had the conference room issue to work out. City Manager Howard added that the hotel should start in November with weather permitting.
Fire Station:
Mr. Blankenship stated that the new fire station was coming along and that the contractor was doing a really good job. Mr. Blankenship commented that they had had to cut out and replace the front gutter part that was bad, but had gotten a good deal.
Electric department:
Engineering consultant:
Director of Electric Utilities Kelly Hemphill commented that the engineering consultant would be here on October 19th.
Distribution:
Mr. Hemphill commented that line distribution was continuing their work on the FEMA project and stringing wire on project seven.
40 year service award:
Mr. Hemphill commented that Mr. Ernie Smith, Power Plant Superintendent, was in Topeka receiving his 40 year service award from the League of Kansas Municipalities.
Police Department:
Mentoring Day:
Police Chief Steve Holmes commented that the police department participates in the Disabilities Mentoring Day and that the Communications Supervisor was on their board.
Concert update:
Chief Holmes commented that they did not have any complaints from the rock concert this last weekend. Mayor Taylor commented that he had visited with a neighbor and they had had a good time. Chief Holmes stated that they had done a good job cleaning up afterwards.
Finance Department:
Sales tax:
Finance Director Diana Garten stated that sales tax was down again in September about $6,000 over last year and down $12,000 for the year due to the economy. Ms. Garten pointed out a chart with additional information that showed a steady increase over the last four years. Ms. Garten stated that we were not down that much and that we were above 2007. Ms. Garten pointed out a monthly chart and commented that monthly figures were a timing difference. Ms. Garten explained that this was due to a new ruling that requires a large number of businesses to file electronically and the State was looking into this. Mayor Taylor commented that the year is what the year is.
Ms. Garten discussed guest tax revenue and explained that in 2006 the bed tax was increased by one percent.
Old Fashioned Christmas:
Ms. Garten commented that she was on the Old Fashioned Christmas committee and that it looks like the date for this will be November 21st.
Homecoming parade:
Chief Holmes informed the Commission that the High School Homecoming parade would be on October 16th at 1:30 p.m. and there would not have to be any detours as they would be coming onto Main Street at Fifth Street and going off at Second Street.
ADJOURN:
A motion by Commissioner Nystrom to adjourn. A second by Commissioner Hlavachick and the motion passed unanimously.
_______________________________
ERIC NYSTROM, Vice-Mayor
(SEAL)
ATTEST:
________________________________
LUANN KRAMER, City Clerk
OCTOBER 05, 2009
The Governing Body of the City of Pratt met in Regular session in the Commission Room located in City Hall.
PRESENT: Jeff Taylor Mayor
Bill Hlavachick Commissioner
Eric Nystrom Commissioner
Victor Graf Commissioner
ALSO PRESENT: Dave Howard City Manager
LuAnn Kramer City Clerk
Ken Van Blaricum City Attorney
Diana Garten Finance Director
Russell Rambat Public Works Director
Steve Holmes Chief of Police
Brad Blankenship Building Inspector
Kelly Hemphill Dir. of Electric Utilities
Bruce Pinkall Recreation Director
CALL TO ORDER:
Mayor Taylor called the regular session to order. The Mayor instructed the Clerk to note that all Commissioners were present with the exception of Commissioner Peltier who was at a medical conference.
The Mayor reminded the audience that this meeting may be taped and/or recorded.
MINUTES:
A motion by Commissioner Hlavachick to approve the minutes of the September 21, 2009 regular Commission meeting. The motion was seconded by Commissioner Nystrom and carried unanimously.
OPEN AGENDA:
No one in the audience wished to address the Commission.
BUSINESS:
READING OF PROCLAMATION FOR ‘DISABILITY MENTORING DAY’ ON OCTOBER 20, 2009:
Mayor Taylor read the proclamation for ‘Disability Mentoring Day’ that would be on October 20, 2009. Two representatives from Prairie Independent Living Center joined the Mayor at the dais for a photo.
CONSIDERATION AND APPROVAL OF TENNIS COURT IMPROVEMENTS USING TRAVEL AND TOURISM FUNDS:
Recreation Director Bruce Pinkall explained a little of the history of the Walter Blake Tennis Complex and let them know that in 2000 the six court complex was turned into a ten court complex thanks to past and present tennis players, private individuals, the City and USD 382. Mr. Pinkall commented that due to the upgrades and improvements, Pratt has been able to host seven State championships and over fourteen Regional championships and one Region 6 NJCCC Championship
Mr. Pinkall stated that the surfacing was done on our own, but that we were now experiencing ‘bird baths’ or water standing on the surface, fencing not parallel to the tennis courts, mounting for the net brackets were wearing through and the cracks between the courts have started growing vegetation. Mr. Pinkall added that freezing precipitation was also causing damage. Mr. Pinkall explained that the resurfacing would involve power washing to remove any loose surface materials, grinding off any uneven areas, applying resurfacer and two coats of plexi-pave.
Mr. Pinkall informed the Commission that he had had numerous people call and look at the courts, but had gotten only one written bid back and he would like to move forward on the project as soon as possible. Mr. Pinkall stated that the temperature had to be over 85 degrees, so the project would probably start the first part of the spring. Commissioner Nystrom asked if all the courts needed maintenance. Mr. Pinkall stated that he had asked that the proposals be for all ten courts and that he would get back to the company with how many we could fund. Mayor Taylor asked if they would all be done at the same time. Mr. Pinkall stated that they would be and that with four or more, you get a reduction in cost. Commissioner Nystrom asked about the cost to get all the courts up to par. Mr. Pinkall answered that cost would be $50,950 for the resurfacing and crack sealing. Mr. Pinkall added that the paint work and fencing problems may be done in house.
Mr. Pinkall stated that the next planned state tournament was the 4A boys and Pratt High School would be the host. Commissioner Hlavachick asked how many teams would be involved. Mr. Pinkall stated that it could be up to sixteen participants and it would last two days. Mr. Pinkall stated that the courts were not unplayable and that this was more cosmetic and the last cosmetic repairs had lasted ten years.
Mr. Pinkall commented that the money for this project would come out of travel and tourism funds and that this project should create more tourism in town. Commissioner Nystrom asked about using any of the Riney money. Finance Director Diana Garten commented that you could use that money. Commissioner Graf asked how travel and tourism funds were generated. City Manager Dave Howard explained that it was from people staying in motels and paying the lodging or bed tax and was basically paid by people that do not live in the City or County due to events that bring them to town. Mr. Howard added that this was a healthy fund. Mr. Pinkall commented that he hoped that these improvements brought more activity such as youth and adult tennis tournaments. Mr. Howard stated that some people value tennis as an attraction and that the more we have to offer the better chance we have of getting them into town. Mr. Pinkall commented that they would be doing youth tennis lessons in the summer.
Commissioner Nystrom asked about the life of the improvements. Mr. Pinkall stated that there was a one year guarantee and that there was a ten year life span for this. Mayor Taylor commented that this was good use of the bed tax funds, because it is hard to find things to use those funds for. Commissioner Nystrom asked if they would be able to do anything yet this fall. Mr. Pinkall commented that he did not know, but did not want to take a chance. Mayor Taylor asked if the company would hold this price. Mr. Pinkall stated that the contractor said that he would. Commissioner Graf questioned if the work would be done before the tournaments. Mr. Pinkall stated that it would be. Mayor Taylor asked how soon you can get on a court after they are resurfaced. Mr. Pinkall stated that they have to sit overnight, but if it is too hot they do not cure. Commissioner Graf questioned if we could table this and go back to the other companies and see if they would be willing to bid to redo all ten courts. Commissioner Nystrom stated that that is bid shopping and you cannot do that.
A motion by Commissioner Hlavachick to approve the bid from Mid-American Courtworks to resurface the courts at the Walter Blake Tennis Complex in the amount not to exceed $50,950 using travel and tourism funds. The motion was seconded by Commissioner Graf and carried unanimously.
Mr. Pinkall commented that Pratt High School would be using the tennis courts for their Regional tournament this weekend and asked for the Commission’s approval for use of the Scout Cabin also. Mr. Pinkall added that they would not be blocking off any streets for this tournament. The Commission gave their approval for the school to use the Scout Cabin during the Regional tournament.
REPORTS:
City Manager:
College rodeo:
City Manager Howard commented that the college rodeo was the largest they had ever had. Mayor Taylor added that it was a very successful event. Mr. Howard added that we have an understanding with the college that the trash out in the park area get cleaned up a day or two after the rodeo and they do a good job of that.
New hotel:
Mr. Howard commented that he had had a meeting with the new hotel owners and the architect and that most hotels have a footprint that they have to build on, but they are looking at increasing the space for the conference room. Mr. Howard explained that a larger conference room would be a good move for Pratt and bring in conferences for different organizations in town that have to travel now.
Chief’s accomplishment:
Mr. Howard stated that Police Chief Steve Holmes would be appointed president of the Kansas Police Officers Association on Wednesday and that was quite an accomplishment. Mr. Howard added that he should be proud of that appointment. Mayor Taylor added that Chief Holmes does a good job.
City Attorney:
H2O project funding:
City Attorney Ken Van Blaricum commented that he had checked into using tourism funds for the Sunflower H2O project and that he had found that you can use these dollars for economic welfare. Mr. Van Blaricum stated that Fort Scott had used these funds to renovate their Visitors Center and their website although some objected to that. Mr. Van Blaricum commented that all it would take is a resolution finding that the funds would promote economic welfare for Pratt. After a short discussion, the Commission was in agreement that a resolution should be brought to them at the next meeting.
Petition on Maple Street Extension:
City Attorney Van Blaricum stated that he would like to update the Commission on the lawsuit concerning the petition on the Maple Street extension and he would be glad to do that now or in executive session to discuss attorney/client privilege. The Commission agreed to discuss it out of executive session.
Mr. Van Blaricum commented that this was a statutory item and that the Commission had voted to extend Maple Street by motion and second and a vote was taken. Mr. Van Blaricum stated that there were tax payers who did not want that and had had a local attorney draft a petition to attempt to block the extension. Mr. Van Blaricum explained that the State law requires that to make a petition valid you have to take it to the County Clerk who then takes it to the County Attorney and he determines whether or not the petition was legal.
Mr. Van Blaricum stated that was what happened and County Counselor Gordon Stull had written his opinion within three days that the petition was not valid to form and so the ruling was that it was not good enough. Mr. Van Blaricum explained that since then the petition had been redrafted using different language and had been brought back to the County Clerk who resubmitted it to the County Counselor. Mr. Van Blaricum commented that Mr. Stull had called Attorney Jack Black and expressed that it was not quite good enough form, but Mr. Black had felt that it was. Mr. Van Blaricum stated that there was enough of a disagreement that County Counselor Stull would not give a ruling.
Mr. Van Blaricum commented that the law goes on to state that if the County does not give a ruling, the petition is presumed valid unless a City or government unit takes action to block the action in District Court. Mr. Van Blaricum stated that any action has to be filed with the District Court in a narrow window of time and that he had advised the Commission that the State Statute gives twenty days, but was vague on what ‘filed’ means.
Mr. Van Blaricum explained that the process started on September 4th with the filing of the petition with the County election officer and he did not want to lose the option to object so the lawsuit was filed with District Court using that date. Mr. Van Blaricum commented that Ms. Karen Detwiler was named as carrying the petition and the lawsuit was filed on September 22nd in District Court. Mr. Van Blaricum commented that several days later he received a reply of defendant filed by Ms. Detwiler.
Mr. Van Blaricum stated that this puts the matter at issue before the District Judge and he must decide if the petition is valid or if the lawsuit was brought too early and should go by filing of a signed petition, which would require a postponement to a later date. Mr. Van Blaricum commented that the Judge has twenty days to make a ruling and that the matter is decided quickly.
Mr. Van Blaricum stated that he had visited with the Judge and the hearing was set for 10:00 a.m. Friday, October 9th and that he (Mr. Van Blaricum) did not know the ruling. Mr. Van Blaricum commented that if the Judge decides that the petition is valid, the City will know where they stand, as will the petitioners, if it is ruled invalid so they would not have to waste their time getting signatures.
Commissioner Nystrom thanked Mr. Van Blaricum for clarifying this and hoped it would eliminate some confusion.
Public Works:
Slurry Seal project:
Public Works Director Russell Rambat commented that the slurry seal project had begun on the southeast part of town, but Mother Nature had taken it in a different direction than planned. Mr. Rambat explained that with the weather conditions it would take another full week for the project and to get vehicles moved. Mayor Taylor questioned if the bare strips would be filled. Mr. Rambat stated that they would and that they pull a nine foot path so it takes several paths.
Drainage boxes:
Mr. Rambat informed the Commission that Street Superintendent Harley Dancaster and Street Foreman Roy Sinclair had been forming up the drainage boxes by Lemon’s Park. Mr. Rambat stated that the intentions were to get the boxes set and the drainage plumbed in
Curb and Gutter 2010 project:
Mr. Rambat commented that he was already looking at next year’s curb and gutter project and street projects. Mayor Taylor stated that he had received compliments on the curb and gutter project. Mr. Rambat commented that the guys do a good job.
Building Inspector:
New projects:
Building Inspector Brad Blankenship commented that he had been fielding calls concerning the Maydew Vision Clinic and the new hotel. Mayor Taylor asked if there was a time table for the new hotel. Mr. Blankenship commented that they had the conference room issue to work out. City Manager Howard added that the hotel should start in November with weather permitting.
Fire Station:
Mr. Blankenship stated that the new fire station was coming along and that the contractor was doing a really good job. Mr. Blankenship commented that they had had to cut out and replace the front gutter part that was bad, but had gotten a good deal.
Electric department:
Engineering consultant:
Director of Electric Utilities Kelly Hemphill commented that the engineering consultant would be here on October 19th.
Distribution:
Mr. Hemphill commented that line distribution was continuing their work on the FEMA project and stringing wire on project seven.
40 year service award:
Mr. Hemphill commented that Mr. Ernie Smith, Power Plant Superintendent, was in Topeka receiving his 40 year service award from the League of Kansas Municipalities.
Police Department:
Mentoring Day:
Police Chief Steve Holmes commented that the police department participates in the Disabilities Mentoring Day and that the Communications Supervisor was on their board.
Concert update:
Chief Holmes commented that they did not have any complaints from the rock concert this last weekend. Mayor Taylor commented that he had visited with a neighbor and they had had a good time. Chief Holmes stated that they had done a good job cleaning up afterwards.
Finance Department:
Sales tax:
Finance Director Diana Garten stated that sales tax was down again in September about $6,000 over last year and down $12,000 for the year due to the economy. Ms. Garten pointed out a chart with additional information that showed a steady increase over the last four years. Ms. Garten stated that we were not down that much and that we were above 2007. Ms. Garten pointed out a monthly chart and commented that monthly figures were a timing difference. Ms. Garten explained that this was due to a new ruling that requires a large number of businesses to file electronically and the State was looking into this. Mayor Taylor commented that the year is what the year is.
Ms. Garten discussed guest tax revenue and explained that in 2006 the bed tax was increased by one percent.
Old Fashioned Christmas:
Ms. Garten commented that she was on the Old Fashioned Christmas committee and that it looks like the date for this will be November 21st.
Homecoming parade:
Chief Holmes informed the Commission that the High School Homecoming parade would be on October 16th at 1:30 p.m. and there would not have to be any detours as they would be coming onto Main Street at Fifth Street and going off at Second Street.
ADJOURN:
A motion by Commissioner Nystrom to adjourn. A second by Commissioner Hlavachick and the motion passed unanimously.
_______________________________
ERIC NYSTROM, Vice-Mayor
(SEAL)
ATTEST:
________________________________
LUANN KRAMER, City Clerk
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