City of Pratt Agendas: March 2009

MONDAY

FEBRUARY 16, 2009

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

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

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

CALL TO ORDER:

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

MINUTES:

A motion by Commissioner Taylor to approve the minutes of the February 02, 2009 recessed Commission meeting with the County and the minutes of the February 02, 2009 regular Commission meeting. The motion was seconded by Commissioner Hlavachick and carried unanimously.

Mayor Nystrom reminded the audience and staff that the meeting may be taped and/or recorded.

OPEN AGENDA:

No one in the audience wished to address the Commission.

BUSINESS:

DISCUSSION WITH COMMISSIONERS:

Mr. Loren Barker, rural resident of Pratt, thanked the Commission for taking time to listen to his concerns. Mr. Barker commented that he would like to request electric by the pond on his property so that he could place a 5th wheel camper in that area. Mr. Barker stated that there had been electric there in the 1980’s, but was now an abandoned camp ground and the road was closed. Mr. Barker commented that he had visited with Commissioner Taylor and he had suggested visiting with the other Commissioners. Commissioner Borho asked how close the nearest pole was to the pond. Mr. Barker answered that there was a utility line right there in the early 1980’s. Commissioner Borho asked if the line was still serviceable. Mr. Barker stated that he thought it was.

City Manager Dave Howard and Director of Electric Utilities Kelly Hemphill provided the Commission with a power point that pointed out the service lines, residence and pond. Mr. Hemphill advised the Commission that the area in question had become overgrown and needed to be cleaned out. Commissioner Borho questioned if it would take a new transformer and line to get electric to the pond. Mr. Hemphill commented that there was no transformer there and twenty percent of the lines would need to be replaced. Mr. Hemphill stated that the labor and materials would not be terrible, but the labor to remove the debris would be. Mr. Howard informed the Commission that he had refused to do this job and that he had visited with Mr. Barker about the City setting the pole with a meter, but that the rest was the responsibility of the property owner. Mayor Nystrom asked where this line would be metered. Mr. Hemphill stated that it would be at the house. Commissioner Peltier asked if all he wanted was to be reconnected. Mr. Hemphill stated that to do that the City would need a new transformer and a meter set. Mr. Barker stated that all he wanted was to make it like it was before. Mr. Hemphill commented that to do any of that would require the property owner to trim the trees.

Commissioner Borho asked what the City’s past policy was on something like this. Mr. Howard explained the current procedure and that in the 1980’s the City would have had no problem doing what was being requested by Mr. Barker. Mr. Barker commented that during the ice storm, the City had come out to trim the trees and had gotten stuck on his property. Mr. Barker added that he had had an agreement for years. Mr. Howard explained by power point what serves Mr. Barker’s property and showed that no one else is served by it. Commissioner Peltier asked about the cost to do what Mr. Barker was asking. Mr. Hemphill stated that it would take three to four days a week to trim the trees and one week to repair the line. Commissioner Peltier asked who would be responsible for the expenses. Mr. Hemphill stated that the City would be responsible.

Mr. Howard stated that he had visited with Mr. Barker last summer about clearing out the area around the pond so that we could restring the line. Mr. Hemphill added that as of Friday evening, nothing had been done. Mayor Nystrom asked if there was a right-of-way on this property. Mr. Hemphill commented that there was not. Mayor Nystrom questioned line loss. Mr. Hemphill stated that there would be a certain amount of resistance loss. Mr. Hemphill explained that the cabin was not a large load and neither was the house, which was not profitable for the City.

Commissioner Borho questioned if the City would be willing to do the reconnecting of the service if Mr. Barker agreed to pay to have the trees trimmed. Mr. Hemphill stated that if any wire could be reconnected, costs would be solved. Commissioner Borho questioned Mr. Barker if he would be willing to trim the trees. Mr. Barker commented that he was not in the maintenance business and that there were no provisions for that here. Mr. Barker stated that he did not feel that it was his obligation to pay for the new service. Commissioner Borho reminded Mr. Barker that this would be on his private property. Mayor Nystrom pointed out on the power point screen where he would set the meter and commented that from that point on he would hook it up. Mr. Howard added that on any other property, from the pole to the meter would be the responsibility of the property owner.

Mr. Barker commented that his folks had put electricity there. Commissioner Peltier commented that Mr. Howard had told Mr. Barker that if the trees were cleaned out, we would do the line repair. Mr. Barker stated that if he had a truck and was younger, he would do that. Commissioner Peltier asked if Mr. Barker could hire it done. Mr. Barker commented that it was the City’s maintenance problem and that two winters ago, the City had come out and taken care of the problem. Mr. Hemphill commented that he too had visited with Mr. Barker about moving the line to get it out of the trees. Mr. Barker asked about the cottonwood trees back on Bergner’s road. Mr. Hemphill stated that they had not been as much of a problem as his. Mr. Hemphill explained that Mr. Bergner’s trees were near the roadway and easier to get to. Mr. Hemphill commented that the line needs to be moved to reduce maintenance costs and that Mr. Barker had argued that the City had damaged the field, but he did not want to move the line. Commissioner Peltier asked how long it would take to do the tree work. Mr. Barker answered one day, but Mr. Hemphill thought it would be more like two or three days. Mr. Barker commented that the City had come on his property during the ice storm and trimmed trees. Commissioner Taylor explained that that was to get his power back up. Mayor Nystrom commented that we were just not out trimming trees. Commissioner Borho stated that it is up to the property owner to restore the service line and that the City does not do that.

Mr. Howard commented that trimming the trees was not the only issue, but that we need to have access. Mayor Nystrom stated that with Southern Pioneer, they set the pole at the roadway and it is the owner’s responsibility to get power. Mr. Barker commented that the pole was set and wires were up. Mayor Nystrom commented that he needed an electrician to fix it. Mr. Barker stated that it was not the electrician’s job. Mayor Nystrom explained that he meant after the meter. Mr. Barker stated that this was ahead of the meter. Mr. Hemphill commented that the City does not do work on private property. Mr. Howard added that the City does one meter and from that point on, it is the responsibility of the owner.

Commissioner Peltier asked if we would accommodate Mr. Barker if he takes care of his responsibilities. Commissioner Taylor commented that this takes us back to the earlier offer and asked if City staff would be okay with that offer. Mr. Howard stated that it had never been withdrawn. Commissioner Taylor commented that the fee to remove the trees should be nominal. Mayor Nystrom asked if we would set the transformer. Mr. Hemphill stated that we would along with some wire repairs and that there would be a meter can there also. Mr. Hemphill reminded the Commission that the work would have to pass an inspection before it could be connected.

Commissioner Borho asked Mr. Barker if he would be willing to trim the trees if the City restored the line. Mr. Barker commented if that was what it took to get electricity, he would have to. Commissioner Borho reminded Mr. Barker that this line had been abandoned on his property. Commissioner Taylor asked what it would take to get the line back into working order. Mr. Howard stated that we would need access, but that if the City abandoned this line in the 1980’s, we did just that.

Mr. Barker commented that a new service could be read at the highway and that although he had not caught the meter readers, he knows that they drive through the lawn to get a reading. Mayor Nystrom asked how they would read the new meter. Mr. Barker commented that it would be the same as before. Commissioner Peltier asked where the line was that had been abandoned. Mr. Howard showed the line on the power point and stated that we were now talking about restringing the line by doing work on private property to run a private service.

Mr. Hemphill commented that Public Works Director Russ Rambat suggested that we select a metering point that meters all of the areas in question and then we would not have to get on Mr. Barker’s property to read. Mr. Barker stated that he still did not understand and that in sixty years of progression, he had had no problems at all. Mr. Howard corrected Mr. Barker in that this may be his first visit to the Commission, but it was not the first with City employees. Mr. Hemphill stated that the City had always had a difficult time maintaining that line as it was labor intensive and problematic with the soft ground.

Mr. Hemphill commented that no matter where the line was placed, the City would still need access if repairs were needed and we are back to the point of doing maintenance on private property and doing it for free. Mr. Howard added that we had been doing this and where everybody else subsidizes the work, we never get our money back. Mr. Howard continued by explaining that if you throw in the line loss, we exceed any profit made on it. Mr. Howard commented that this goes back to when the objective was to get electricity to everyone and this was not the same world today.

Commissioner Borho pointed out the pond on the power point map and asked if the line could come off of the 5 transformer and then build it to the pond. Mr. Hemphill stated that that could be done fairly easy. Commissioner Taylor asked Mr. Barker how he was going to get electricity over to where he wants it. Mr. Barker stated that he wants it underground.

Commissioner Hlavachick asked if there were any utility easements anywhere. Mr. Howard stated that there were not and that we would be maintaining a private service. Commissioner Hlavachick commented that this was a unique situation. Mr. Howard agreed. Commissioner Peltier asked again if there was not anyone else being serviced this way. Mr. Hemphill stated that there was not and that no one else has multiple spurs without a main metering point. Commissioner Taylor asked if the house meter could be taken and put on the road. Mr. Barker commented that he had been paying a light bill since the beginning of electricity. Mr. Barker stated that you cannot compare the rural with the City. Mr. Howard agreed.

Commissioner Taylor commented that this was a mute point if Mr. Barker was not willing to cut the trees. Mr. Barker stated that he did not say he would not cut the trees. Commissioner Taylor corrected Mr. Barker in that eight or nine months ago, he did say that.

Commissioner Peltier asked Mr. Barker if he would trim the trees if he had to even though he thought it was not his obligation. Mr. Howard commented that this was not just about access and not just about trimming trees. Commissioner Taylor asked if Mr. Barker would be open to the idea of moving the meter from the house to the road. Mr. Barker stated that he was not in favor of that, because it was not his responsibility to maintain the line. Mr. Howard repeated that the line had been abandoned twenty-five years ago. Mr. Barker commented that he had been paying for a vapor light since the 1970’s and that Mr. Bill West had told him that if he would purchase the light and pay the electric, it would be maintained by the City. Mayor Nystrom stated that the City does not do that anymore.

Mayor Nystrom told Mr. Barker that there was an offer on the table if the trees were cleaned out and there was proper access. Mr. Barker asked if the electric would be put back in then. Mr. Hemphill commented that he would look at that. Mr. Barker stated that he would get the trees done. Mr. Howard commented that Mr. Barker should let Mr. Hemphill know when the work was done. Commissioner Taylor suggested that Mr. Barker may want to have Mr. Hemphill there so that the tree trimmer would know what needs to be done. Commissioner Borho asked if Mr. Barker would be hiring someone to do the work. Mr. Barker stated that he was not sure and would cross that bridge when he gets there.

Mr. Barker thanked the Commission for their time.

CONSIDERATION AND APPROVAL OF BID TO CRUSH OLD CONCRETE FOR ALLEY AND UTILITY CUT USES:

Public Works Director Russ Rambat explained to the Commission that he had gone out for bids to have someone come in and crush the stock pile of curb and gutter from the last few years. Mr. Rambat commented that the crushed concrete would be used to firm up alleys. Mr. Rambat stated that the bid from Leis Ready Mix came in at $26,500 and the bid from Stone, Sand Co. came in at $30,400. Mr. Rambat commented that this would be done on site and he would like to have them move in by mid-spring.

A motion by Commissioner Borho to award the bid to crush old concrete to Leis Ready Mix for $26,500. The motion was seconded by Commissioner Peltier. Commissioner Borho added that this was money encumbered from the 2008 Stout Street project. Commissioner Taylor asked if the concrete would stay on site. Mr. Rambat stated that it would and it would be under a locked gate. Mr. Rambat commented that this material could cost anywhere from $11 to $18 a ton, so this was really going to be a good value. Mayor Nystrom commented that this material also makes for a nice driveway. A vote on the motion was unanimous.

CONSIDERATION AND APPROVAL OF ORDINANCE CONCERNING SMOKING IN PUBLIC PLACES:

City Attorney Ken Van Blaricum commented that the Commission had asked how many states had a no smoking ordinance and he knew now that there were twenty states that have no smoking state wide and nine states that have partial bans. Mr. Van Blaricum stated that Kansas does not currently have a general or partial ban on smoking. Mayor Nystrom asked if Kansas would pass a general ban. Mr. Van Blaricum commented that the movement is underfoot in Topeka and that he was skeptical that anything was going to happen. Commissioner Borho commented that she had attended the legislative coffee and the local legislatures cannot make up their minds. Mr. Van Blaricum commented that he did not think anything would happen this year.

Mr. Van Blaricum briefly explained K.S.A. 21-4010 that states ‘No person shall smoke in a public place or at a public meeting except in designated areas’ and also K.S.A. 21-4013 that states ‘Nothing in this act shall prevent any City or County from regulating smoking within its boundaries, so long as such regulation is at least as stringent as that imposed by this act’. Mr. Van Blaricum commented that this was a way for the state to avoid taking the heat. Commissioner Borho commented that in the League News they reported that there were thirty-four cities and two counties that have adopted regulations, which covers 54% of the state’s population.

Mr. Van Blaricum returned to the discussion of the ordinance for the City of Pratt and pointed out on page three the prohibition of smoking and that it states that on and after May 1, 2009 smoking is prohibited in enclosed places. Mr. Van Blaricum pointed out subsection G (2) stating that smoking may be allowed in a restaurant or licensed premises between 10:30 p.m. and 5:00 a.m. during the time a proprietor of a restaurant or licensed premises designates a smoking area in accordance with K.S.A. 21-4009 and that this provision shall expire at midnight on January 4, 2010. Mr. Van Blaricum added that on and after January 5, 2010, smoking will not be permitted in a restaurant or licensed premises. Mr. Van Blaricum stated that everything else was the same. Commissioner Peltier asked if this included private clubs. Mr. Van Blaricum stated that it did.

The following Ordinance 0903 was then presented to the Commission for their approval: AN ORDINANCE CONCERNING SMOKING IN PUBLIC PLACES. A motion by Commissioner Peltier to adopt Ordinance 0903 for the City of Pratt. The motion was seconded by Commissioner Borho and carried unanimously.

The Commission thanked Mr. Van Blaricum for his work on this ordinance. Mr. Van Blaricum added that the Commission approved this in a short time compared to others. Commissioner Borho commented that this keeps in mind the health of individuals and workers. Mayor Nystrom commented that the County intends to follow the City on this ordinance. Commissioner Taylor asked if an ordinance from the County would affect Sawyer. Police Chief Holmes commented that Sawyer has its own City Council. City Manager Howard questioned if the County ordinance would affect the City or have jurisdiction over the City. Mr. Van Blaricum commented that he did not think so. Mr. Howard commented that this would affect the Country Club. Mr. Van Blaricum stated that it would.

REPORTS:

Legislative meeting:

City Manager Dave Howard commented that the legislatures had answered questions at a meeting Saturday and that he would be watching the net metering bill that would remove Cities from being able to do any wind power. Mr. Howard stated that KMU had been lobbying.

Public Works:

· Street Department - Public Works Director Russ Rambat stated that the street department had been working on crack sealing.
· Water Department – Mr. Rambat commented that the water department had been fixing up well houses and that they were getting ready for the state inspection.
· Cemetery Department – Mr. Rambat explained that the cemetery board would be meeting tomorrow and they would discuss getting the directory up and running. Mayor Nystrom questioned if it would be done by Memorial Day. Mr. Rambat commented that it should be ready by then.
· Curb & Gutter Project – Mr. Rambat informed the Commission that he had been walking streets measuring up for the curb and gutter project, but that the project would not start until it is okay to spend the money. Mayor Nystrom asked about his game plan for the project. Mr. Rambat commented that he would be hitting Fifth Street pretty hard and that meant a lot of brick work again this year. Mr. Rambat added that downtown by the Courthouse was also on the list. Commissioner Peltier asked about the area by the hospital. Mr. Howard asked if he was talking about the handicap area by the pool. Commissioner Peltier stated that he was. Mr. Rambat stated that was on his list along with areas by the Municipal Building.

Electric Department:

· Line Distribution – Director of Electric Utilities Kelly Hemphill commented that a few employees from the distribution crew had gone to school in Garden City. Mr. Hemphill also informed the Commission that the line distribution crew were continuing to work on the area behind Dollar General and Sonic and should be prepared for any bad weather.
· Trip to Topeka – Mr. Hemphill commented that he would be going to Topeka on Wednesday to resolve issues with the state branch of FEMA. Mr. Hemphill added that we may not get much from the state, but look to get 85% from the federal government. Commissioner Borho asked who would be going with him to Topeka. Mr. Hemphill commented that Mr. Jamie Huber would also be attending and that an engineer from Sterling would be representing us. City Manager Howard commended Mr. Hemphill for the way he had dealt with FEMA. Mr. Hemphill commented that there had been a lot of obstacles. Finance Director Diana Garten commented that you start out with one set of people and then you get another set of people and then a third, so it made it difficult. Mr. Howard commented that they do what they can not to pay you.
· Power Plant – Mr. Hemphill stated that the plant personnel had been working on maintenance and creating valve units and gathering quotes for removal of the tower. Mr. Hemphill commented that they are also completing a class study required by KDHE.
· Cylinder heads – Commissioner Borho asked about the cylinder heads from Fairbanks Morse. Mr. Hemphill stated that five were on the floor at Fairbanks Morse and that they were installing studs and those heads were of the serial number beyond 2600. Mr. Hemphill added that he did not have a ship date. Mr. Hemphill commented that he felt that Fairbanks Morse was not in a spot where they could get them any faster. Commissioner Borho asked if the other four heads were still in France. Mr. Hemphill stated that they were.
· Cooling tower demo – Power Plant Superintendent Ernie Smith informed the Commission that he had been getting estimates for the demolition of the cooling tower. Mr. Smith commented that one company had torn down a tower in Wellington, but that some companies will only tear down the tower if they are going to get to build the new one. Mr. Smith explained that one bid had come back to remove the tower and it did not look very favorable. Mr. Smith added that they had discussed salvaging part of the tower, but he was not sure the salvage in their bid was favorable.
· Generation test – Mr. Smith commented that the plant had been getting ready to test the co-generation in case we need it and making sure the values are in line. City Manager Howard questioned if we had not run it in the past couple of weeks. Mr. Smith stated that they had run the diesel to meet EMP requirements.

2009 State Budget Cut Proposals:

Finance Director Diana Garten commented that the House and Senate had gotten together and came up with a 2009 budget cut proposal and it was not what we had hoped for. Ms. Garten stated that the M & E slider would have a portion sent out in March and then again in June if the revenues come in. Ms. Garten explained that the City/County highway funds were going to be cut and we are going to have to wait to see how that impacts us due to twenty counties not being treated fairly in the past. Ms. Garten commented that those counties may have that made up to them first, so we may be cut more than anticipated. Ms. Garten stated that because this deals with the budget, the Governor could line item veto that and if she does, that will impact what they do in 2010. Police Chief Holmes commented that he had heard on the news that due to the cash flow problems, Kansas Income Tax Refunds could be suspended, but things change from day to day.

Humane Society billings:

City Clerk LuAnn Kramer informed the Commission that she would have the billings for the Humane Society’s new location for them to review. Ms. Kramer reminded them that they had been put as a ‘no charge’ account for a few months and so the Commission could review their usage and their current agreement.

Legislative Coffee:

Commissioner Borho commented that the legislative coffee had been well attended. Commissioner Borho stated that the State Representative and Senator did not paint a pretty picture for 2010. Commissioner Borho added that she was glad that the City had its act together.

Commissioner Hlavachick commented that he had attended a lot of the legislative coffees and that this one was well attended.

ADJOURN:

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

_______________________________________
ERIC NYSTROM, Mayor

(SEAL)

ATTEST:
_____________________________________
LUANN KRAMER, City Clerk

City of Pratt Agendas

Friday, March 13, 2009

03/16/09 City Commission Meeting Agenda

Tuesday, March 3, 2009

2/16/09 Approved Minutes

Monday, March 2, 2009

3/2/09 Amended City Commission Meeting Agenda

3/2/09 City Commission Agenda