Thursday, May 28, 2009

06/01/2009 City Commission Agenda

MONDAY

JUNE 01, 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 – May 18, 2009 Regular Commission Meeting

4. OPEN AGENDA

5. BUSINESS:

5.1 Presentation of the 2008 City of Pratt Audit – Vicki Dreiling, Adams, Brown, Beran & Ball, Chtd.

5.2 Consideration and Approval of Wire and Materials Purchase for Substation Feeder – Kelly Hemphill, Dir. of Electric Utilities

5.3 Consideration and Approval of the Appointment of Kathy Harvey to the Juvenile Correctional Advisory Board – Dave Howard, City Manager (01/01/2010 – 12/31/2012)

5.4 Consideration and Approval of Bid for Hot & Cold Water Tower Maintenance – Russ Rambat, Public Works Director; Dave Howard, City Manager

5.5 Consideration and Approval of ‘Amended’ Agreement with the Humane Society – Ken Van Blaricum, City Attorney

5.6 Consideration and Approval of the Letter of Agreement between Fairbanks Morse and City of Pratt – Kelly Hemphill, Dir. of Electric Utilities; Dave Howard, City Manager, Ernie Smith, Power Plant Superintendent; Kenny Kreutzer, Energy Agent

6. REPORTS:

6.1 City Manager
6.2 City Attorney
6.3 Department Heads
6.4 Mayor
6.5 City Commission

11. ADJOURN.

Tuesday, May 26, 2009

05/04/2009-Approved City Commission minutes

MONDAY

May 04, 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
Eric Nystrom Commissioner
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
Steve Holmes Chief of Police
Russ Rambat Public Works Director
Brad Blankenship Building Inspector
Bruce Pinkall Recreation Director

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 Hlavachick to approve the minutes of the April 20, 2009 regular meeting. The motion was seconded by Commissioner Nystrom and carried unanimously.

OPEN AGENDA:

No one in the audience wished to address the Commission.

BUSINESS:

PUBLIC HEARING REGARDING THE PROPOSED AIRSPACE PROTECTION ORDINANCE FOR THE PRATT INDUSTRIAL AIRPORT:

· Open Public Hearing by Motion:

A motion by Mayor Taylor to open the public hearing regarding the proposed airspace protection ordinance for the Pratt Industrial Airport. The motion was seconded by Commissioner Hlavachick and carried unanimously.

· Discussion on Proposed Airspace Protection Ordinance:

Mr. Reid Bell, Airport Manager, thanked the Commission for the opportunity to work with the Airport Zoning Commission. Mr. Bell stated that they had put a lot of thought into this and the State may use this as a model ordinance for the State of Kansas. Mr. Bell commented that the ordinance serves its purpose in protecting the approach. Mr. Bell presented a power point presentation to the Commission that explained the Airport surfaces and examples of the allowable height on the extended runway center lines using known site elevations.

Commissioner Nystrom questioned how many attended the public hearing. Mr. Bell commented that two land owners attended, but no one opposed it. Mayor Taylor asked if anyone in the audience had any opposition or comments that were not of the making of this committee. No one addressed the Commission.

Airport Zoning Commissioner Jim Stratford stated that any kind of zoning ordinance was going to restrict property owner’s space and the board wanted to focus on keeping balance between airspace and land owners. Mr. Stratford commented that the land owner’s rights and restrictions were reasonable and practical.

Mr. Stratford stated that when they had accepted federal support, they gave assurance that they would protect the airspace and they need zoning to do that. Mr. Stratford commented that land owners were curious why we needed such an extensive area. Mr. Stratford stated that they were most concerned with the north and south approach zone and that this zone covers 50,000’, which was customized for Pratt. Mr. Stratford commented that GPS technology had very little if any expense and it was practical and reasonable.

Mr. Stratford commented that the height horizontal zone was 150’ and anything above 75’ would require a permit. Mr. Stratford stated that they need the space and zoning protection. Mayor Taylor questioned if tall structures would need a light on them. Mr. Bell commented that that would be a FAA determination.

Mr. Stratford commented that this ordinance basically covers anything that would interfere with the safety of an aircraft and that the timing was unfortunate with the wind farm subject. Mr. Stratford added that the ordinance had to be done anyway.

Mr. Stratford summarized that they had produced a recommendation that was reasonable and balanced the airport and land owner’s rights. Mr. Stratford added that the ordinance stays within FAA standards and limits permits.

Mr. Bell commented that the ordinance covers everything that it needs to and the State liked what they saw. Mayor Taylor questioned if the City would have to get a permit if an electrical pole went down. City Manager Dave Howard stated that he had been incorrect with that earlier information and that he did not have issues he used to.

Commissioner Nystrom stated that he was happy everything worked out and the committee had done a tremendous job. Mr. Bell stated that it was a good group. Mayor Taylor commented that the Commission had tried to get a group on both sides of the issues. Mayor Taylor stated that the Commission appreciated all the work and effort put into this.

· Close Public Hearing by Motion:

A motion by Mayor Taylor to close the public hearing. The motion was seconded by Commissioner Hlavachick and carried unanimously.

CONSIDERATION AND APPROVAL OF AIRSPACE PROTECTION ORDINANCE:

The following Ordinance 0905 was then presented to the Commission for their approval: AN ORDINANCE REGULATING AND RESTRICTING THE HEIGHT OF STRUCTURES AND OBJECTS OF NATURAL GROWTH, AND OTHERWISE REGULATING THE USE OF PROPERTY, IN THE VICINITY OF THE PRATT INDUSTRIAL AIRPORT BY CREATING THE APPROPRIATE ZONES AND ESTABLISHING THE BOUNDARIES THEREOF; PROVIDING FOR CHANGES IN THE RESTRICTIONS AND BOUNDARIES OF SUCH ZONES; DEFINING CERTAIN TERMS USED HEREIN; REFERRING TO THE PRATT INDUSTRIAL AIRPORT ZONING MAP WHICH IS INCORPORATED IN AND MADE PART OF THIS ORDINANCE; PROVIDING FOR ENFORCEMENT; ESTABLISHING A BOARD OF ADJUSTMENT; AND IMPOSING PENALTIES. A motion by Commissioner Nystrom to approve Ordinance 0905 approving the airspace protection for the Pratt Industrial Airport. The motion was seconded by Commissioner Peltier and carried unanimously.

NATIONAL POLICE WEEK:

· INVITATION TO LAW ENFORCEMENT OFFICERS APPRECIATION AND MEMORIAL DAY SERVICE:

Assistant Police Chief Gary Myers informed the Commission that there was an upcoming National Law Enforcement Week/Memorial Day Service that would be on May 15, 2009. Asst. Chief Myers commented that this was a day dedicated to officers that made the ultimate sacrifice. Asst. Chief Myers stated that he wanted to make certain that City officials and the public were invited to the service on Friday, May 15th at the Municipal Building from approximately 12:15 to 1:00 p.m.

Asst. Chief Myers explained that Rev. Bob Fleener had put a lot of time on the program and that he was the Sheriff’s chaplain. Asst. Chief Myers commented that attendance would be very much appreciated.

Asst. Chief Myers stated that Pratt County had had one fallen officer on June 21, 1929 and that we are fortunate that there have been no others. Asst. Chief Myers commented that William H. Rich would be recognized at the ceremony and that there would be a plaque to remember him.

Police Chief Steve Holmes commented that Asst. Chief Myers had done a great job putting this together and that Mr. Rich would also be recognized on the Memorial Wall in Topeka due to his hard work. Mayor Taylor stated that he remembers recognizing Mr. Rich and his family a few years ago and Asst. Chief Myers had done research then.

Asst. Chief Myers commented that he had made some phone calls to the surviving son and daughter who were quite elderly, but in fairly good health. Asst. Chief Myers added that the son was 82 years old, but he wanted them to have a personal invitation. Asst. Chief Myers explained that the son had told him that his sister had not been born at the time his father had died, so she never got to meet her father and now she was disabled from a fall. Asst. Chief Myers stated that the son wanted him to let everyone know that they appreciate everything done for them in respect to their father.

· Reading of Proclamation Declaring May 15th as ‘Peace Officer’s Memorial Day’:

Mayor Taylor read the proclamation declaring May 15, 2009 as ‘Peace Officer’s Memorial Day’.

CONSIDERATION AND APPROVAL OF THE PURCHASE OF A NEW BUCKET SERVICE TRUCK USING BUDGETED FUNDS:

Line Distribution Superintendent Jamie Huber introduced himself to the new faces on the Commission since his last visit. Mr. Huber explained that the distribution department had been looking to replace a 1992 Ford that was requiring a lot of work to keep running. Mr. Huber stated that they had gone out for bids on a four-wheel drive vehicle since they did not currently have one. Mr. Huber commented that each representative had brought a demo for the department to operate and see what they liked. Mr. Huber stated that the vehicle they were recommending was the one from Altec Industries out of St. Joseph, Missouri in the amount of $101,642.90. Mr. Huber commented that the other bids were from Terex Utilities that came in at $100,425 and Drake-Scruggs Equipment for $95,909.

Mr. Huber stated that the last truck they had purchased was from Altec Industries and the service was good. Mr. Huber explained that they would be trading in the 1992 Ford that was presently grounded. Commissioner Nystrom asked who had made that truck. Mr. Huber answered that it was Versa-Lift and that this was the truck that had been smashed by an awning a few years ago. Commissioner Graf asked if we could try to sell it outright. Mr. Huber stated that we would not get what they were offering for a trade-in and this takes the liability out of our hands. Mr. Huber explained that bigger companies take the truck and remove the boom, which removes any liability. Commissioner Graf clarified that if the truck was sold to someone else, they can hold the City liable. Mr. Huber stated that they could and this truck has boom and transmission problems.

Mr. Huber commented that $3,500 for the trade-in was good. Mayor Taylor stated that it was higher than the other two. Commissioner Peltier questioned if we have any other trucks with a boom on them. Mr. Huber stated that there is a 550 ford, which was a smaller truck to get into smaller places and has a single-man bucket.

City Manager Dave Howard commented that this would be a service truck. Commissioner Nystrom commented that service was most important. Commissioner Nystrom questioned if they were happy with Altec Industries. Mr. Huber stated that they were and the warranty was about the same.

Commissioner Graf questioned the $1,000 increase in cost after April 29th. Mr. Huber stated that the cost of the truck goes up after that date and he had told them that they should have included that in the bid since we were not going to look at it until after that day. Commissioner Graf stated that he would like for Mr. Huber to see if they would go ahead and give us the truck without the increase. Mr. Huber stated that he could do that. Commissioner Graf commented that he would like to have theirs, but without the $1,000. Commissioner Nystrom asked if the $95,949 was with the $1,000 added in. Mr. Huber stated that it was. Mr. Huber explained that this vehicle would take seven months to build and that it was a budgeted item. A motion by Commissioner Hlavachick to purchase the Altec Industries vehicle as described for $95,949 plus any applicable taxes. Commissioner Graf reminded the Commission that Mr. Huber was going to see if he could get them to lower the cost by the $1,000. Commissioner Peltier asked if Commissioner Graf wanted this item tabled until we find out. Commissioner Graf stated that he just wanted Mr. Huber to go talk to them again to see if they would go back to $94,949. Mayor Taylor suggested that the motion be amended to include ‘not to exceed’. Commissioner Hlavachick amended his motion to include a not to exceed cost of $95,949 plus any applicable tax. The motion was seconded by Commissioner Graf and carried unanimously.

DISCUSSION ON THE NEW FIRE STATION BIDS:

Building Inspector Brad Blankenship stated that he had put out bids for the fire station and provided a power point to let the Commission know what it was going to look like. Mr. Blankenship commented that there would be four bay doors and that the crime lab vehicle would be on stored the far right. Commissioner Peltier asked if there would be a front walk in door. Fire Chief David Kramer pointed out where there would be a small door. Chief Kramer and Inspector Blankenship explained the structural pillars up to the arch and the bump outs where the pillars meet and that they would be adding a pillar.

Chief Kramer stated that the look would be similar to Wal-Mart with a flat face that breaks up the look and there would be blocks twelve inches thick filled with insulation. Commissioner Hlavachick questioned if there would be any interior work in phase one. Chief Kramer stated that phase one would be concrete to overlay the existing floor and concrete to the street where the doors are. Chief Kramer added that the rest depends on the budget, but there would be a lot of volunteer labor throughout the process.

Commissioner Nystrom questioned what would go where the walk-in cooler area was. Chief Kramer stated that he was in favor of tearing it off due to the bad roof. Mayor Taylor questioned if it had a concrete platform. Commissioner Nystrom commented that it should come off to concrete. Chief Kramer stated that it did come off to a concrete base and that area could be used as an outdoor patio. City Manager Howard reminded the Commission that the company that had done the core samples had recommended the six inch lift of the floor to help support the trucks.

Commissioner Peltier questioned if phase two would include accommodations for a full time department. Chief Kramer stated that it would and there would be sleeping rooms, bathrooms, and showers. Commissioner Nystrom asked about a mezzanine concrete floor. Chief Kramer stated there would be a safe room and not sure if it would be located on the back wall. Inspector Blankenship stated that the back wall was actually nineteen feet farther back than the drawing showed. Commissioner Peltier asked if there would be room for expansion. Chief Kramer stated that there would be. Inspector Blankenship stated that they were working on phase one. Chief Kramer commented that the 2X4 work would be done by the firemen.

Commissioner Nystrom questioned if we have any place for City records. Mr. Howard commented that we have electronic back-up, but as for paper, we do not have anywhere but the top floor of the Municipal Building. Commissioner Nystrom asked if the Law Enforcement was pretty full. Police Chief Steve Holmes stated that they were clear full since the County moved their stuff into the safe room. Chief Kramer commented that the original thought would be to use the freezer area, but he was not sure what it would take to do that. Commissioner Nystrom asked about removing the cooling tower. Chief Kramer stated that they were going to take that off.

Mr. Howard reminded the Commission that they had budgeted money for this and the funds from the leased area north of the parking lot had also gone towards this project. Commissioner Peltier asked how big the space was. Inspector Blankenship stated that it was 90’ X 75’. Chief Kramer added that from north to south was 120’ and that they would pour concrete up to the columns. Commissioner Nystrom questioned if they would take the concrete out to the street right away. Chief Kramer stated that they would.

Chief Kramer commented that he appreciated the work that Inspector Blankenship had done on the technical part. Commissioner Peltier stated that it looked good. Mayor Taylor thanked Inspector Blankenship and Chief Kramer for their hard work and the Commission agreed to go ahead with the bid process.

CONSIDERATION AND APPROVAL OF THE PURCHASE OF A MOWER FOR THE PARKS DEPARTMENT USING BUDGETED FUNDS:

Public Works Director Russ Rambat commented that he had gone out for bids on a mower for the parks department and that this mower would replace the 2003 Massey mower that would be passed down to the recreation department. Mr. Rambat stated that this would be a mate to the one that the department currently owns and it would be used for areas that are tough to get to.

Mr. Rambat stated that they had received three bids with BTI bidding a mower with a 72” deck for $20,610; Kincheloe’s Inc. had two options with the first option meeting the specs for $15,416.35 and the second exceeding the specs for $15,940.50, and TPEC out of Overland Park bidding a four-wheel drive for $20,348.21.

Mr. Rambat stated that he would like to recommend the purchase of option two from Kincheloe’s Inc. that would give them six extra horsepower and matched the mower from a past purchase. Mayor Taylor asked if there would be any sales tax. Mr. Rambat stated that there would not be and that the funds were coming from capital equipment reserves.

A motion by Commissioner Nystrom to approve the purchase of the Kobota mower from Kincheloe’s not to exceed $15,940.50. The motion was seconded Commissioner Peltier and carried unanimously.

CONSIDERATION AND APPROVAL OF APPOINTMENTS OF KENNY GATES AND RICK ABRAMS TO AN ADDITIONAL 3 YEAR TERM ON THE PLANNING & ZONING COMMISSION:

City Manager Howard informed the Commission that Mr. Kenny Gates and Mr. Rick Abrams were willing to serve an additional three year term on the Planning and Zoning Commission, but Dr. Phil Farmer had been out of town and had not responded yet. Mr. Howard commented that both gentlemen had good attendance to the meetings and that this was not something that we advertise for. A motion by Commissioner Peltier to reappoint Mr. Kenny Gates and Mr. Rick Abrams to serve on the Planning Commission. The motion was seconded by Commissioner Hlavachick. Mayor Taylor questioned if there was a term limit for this board. Mr. Howard stated that there was not. With no further discussion, the motion passed unanimously.

CONSIDERATION AND APPROVAL OF THE USE OF CENTENNIAL PARK BY PRATT HIGH STUCO ON MAY 9TH FOR YEAR-END GET TOGETHER:

Mayor Taylor commented that the Pratt High School STUCO had requested the use of Centennial Park for their year-end get together. City Clerk Kramer commented that this was the same type of event that the kids had in Sixth Street Park last year. Mayor Taylor questioned if there were any problems. Recreation Director Bruce Pinkall stated that there were not. A motion by Commissioner Hlavachick to approve the request from STUCO to use Centennial Park on May 9th. The motion was seconded by Commissioner Peltier and carried unanimously.

PRESENTATION OF DIVIDEND CHECK FROM SANDERS AGENCY:

Mr. Rich Sanders presented the City Commission with a dividend check in the amount of $36,172. Mr. Sanders explained the program through EMC Insurance that was part of the safety group program sponsored by KMU. Mr. Sanders stated that the dividend program was not on the City’s experience, but on Kansas experience. Mr. Sanders commented that the City had received dividend checks every year since 1982 except for a couple.

Mr. Sanders explained that the City had received a 25% dividend last year and this year it was 15%. Mr. Sanders introduced Ms. Rita Knoblauch from EMC Insurance who currently underwrites for about forty Kansas cities. Ms. Knoblauch stated that she has had as many as eighty cities, but territories shift from time to time. Ms. Knoblauch stated that the cities share in losses and that they look at a three year average on premiums and losses. Mayor Taylor asked if a pool does help overall. Ms. Knoblauch stated that it does and that they also share premiums.

Mr. Sanders handed out brochures for a KMU program benefit called Attorney Direct and that it was available to any City. Ms. Knoblauch added that they were very well versed on employee matters.

REPORTS:

KCC Approval:

City Manager Howard informed the Commission that we had finally received KCC’s official approval of the KMEA and MKEC agreement that we had approved years ago for thirty megawatts from Jeffries. Mr. Howard stated that he would have a copy of the approval in the next agenda packet for the Commission to review.

Executive Session Request:

Mr. Howard requested an executive session to discuss attorney/client privilege and contract negotiations to last twenty minutes at the end of the meeting.

Public Works:

· Pool

Public Works Director Rambat commented that they needed to have good weather so that they could get water in the pool. Mr. Rambat informed the Commission that we would be purchasing furniture for the deck area at the pool, which should be a good addition.

· Street projects:

Mr. Rambat stated that he had sent out the bids for the curb and gutter project and would be looking them over when they were opened. Mr. Rambat commented that he would be bringing that before the Commission for their approval.

Mr. Rambat commented that he had been working with Street Superintendent Harley Dancaster and Mr. Roy Sinclair, Street Foreman, on street projects for the summer. Mr. Rambat stated that the southeast corner of town was being looked at for slurry seal. Commissioner Nystrom questioned the price of that this year. Mr. Rambat commented that it had gotten up to $2 or $2.50 per square yard and we had been paying $.99. City Manager Howard added that this had been a rough winter on the streets. Mr. Rambat commented that there is a lot out there that needs work

Commissioner Hlavachick questioned if we were hiring someone to blade the alleys. Mr. Rambat stated that we were doing that.

· Fiberglass liner at pool:

Commissioner Nystrom asked how the fiberglass liner in the pool was doing. Mr. Rambat stated that the actual fiberglass liner had shifted, so some water had gotten underneath. Mr. Rambat explained that the liner is only as good as what is underneath. Commissioner Nystrom questioned if the original contractors were still in business. Mr. Rambat stated that the Fiberglass Guys were still in business and had done real well in coming back to work on it. Mr. Howard commented that the liner had been in place about five years. Mr. Rambat commented that the liner had been a great addition and had helped with the maintenance on the pool. Mr. Rambat explained that there continues to be patch work. Mayor Taylor asked what the life of a fiberglass liner should be. Mr. Rambat stated that it was usually eight to ten years and that it cannot be under warranty due to structure movement.

Softball Host:

Recreation Director Bruce Pinkall commented that the Juco conference games had tried to play a lot of places due to the rain and they ended up playing in Lemon’s Park today. Mr. Pinkall stated that this could help us be assigned as a host next year.

Proclamation:

Police Chief Steve Holmes thanked the Commission for the proclamation and hoped that they could attend the ceremony next Friday. Mayor Taylor commented that he would be there to give a short speech.

Sales tax:

Finance Director Diana Garten reported that sales tax was up $1,700 for April and $43,800 for the year.

IT companies:

Ms. Garten informed the Commission that a couple of new IT service companies had approached the City about doing some work. Ms. Garten commented that we would be doing proposals and going out for bids. Ms. Garten stated that the police department IT service technicians have to meet KBI security requirements.

State budget cuts:

Ms. Garten commented that the revenues for the State were lower than anticipated, so she would be watching Congress to see what impacts us in the State budget cuts.

Cooling tower down:

Power Plant Superintendent Ernie Smith commented that the cooling tower was down and the basin had been cleaned up and hauled away.

County lake project:

Mr. Bob Epp commented that the lake had its flushable toilets set today. Mr. Howard commented that they were working on the sewer line to force it with Wildlife and Parks.

Volunteer firemen:

Mayor Taylor acknowledged the volunteer firemen that had attended SCAFAA Fire School. Chief Kramer explained that the training was at the State capital and was a premier fire school. Mayor Taylor added that the school was for forty hours of training and recognized the firemen by name. Mayor Taylor asked that Chief Kramer thank the firemen for continuing their education.

City/County meeting:

Commissioner Peltier commented that there had been a City/County meeting earlier and they had discussed the possibility of combining all fire departments in Pratt County. Commissioner Peltier stated that they were looking into ways this could be handled with all safety issues in mind. Commissioner Peltier explained that the three County Commissioners and all City Commissioners were in favor of this and that they did not know exactly what the outcome would be.

Commissioner Peltier asked if there should be a resolution to do this. City Attorney Ken Van Blaricum commented that a general consensus was all that was needed at this time. Commissioner Peltier commented that with the support from all the council, an investigation should start into combining the departments. Mayor Taylor commented that he had voiced his support earlier. Commissioner Hlavachick stated that Commissioner Peltier should be the point man.

EXECUTIVE SESSION:

A motion by Mayor Taylor to go into executive session for twenty minutes to discuss attorney/client privilege with no action to be taken. The motion was seconded by Commissioner Hlavachick and carried unanimously.

Upon proper motion, the Commission returned from executive session with nothing to report.

ADJOURN:

Proper motion was made and the meeting was adjourned.


_______________________________________
JEFF TAYLOR, Mayor



(SEAL)

ATTEST:

________________________________
LUANN KRAMER, City Clerk

05/04/2009-Approved City/County meeting minutes

MONDAY

May 04, 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
Eric Nystrom Commissioner
Bill Hlavachick Commissioner
Willy Peltier Commissioner
Victor Graf Commissioner

ALSO PRESENT: Dave Howard City Manager
LuAnn Kramer City Clerk
Ken Van Blaricum City Attorney
Charles Rinke County Commissioner
Joe Reynolds County Commissioner
Dwight Adams County Commissioner
Sherry Kruse County Clerk
Gordon Stull County Counselor

CALL TO ORDER:

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

BUSINESS:

GENERAL DISCUSSION OF CITY/COUNTY ISSUES:

· Discussion on Consolidated Governments:

Due to the lack of agenda items, Mayor Taylor questioned how the Commissioners felt about consolidation of City and County governments. County Counselor Gordon Stull commented that they were doing it in school districts. Mayor Taylor commented that it was happening in Tribune and also in Wyndotte County. Mr. Stull stated that it does not make much sense for a viable City to consolidate. Commissioner Nystrom commented that it would take a majority of the voters to consolidate. Mr. Stull stated that it would be an interesting vote and that most would not vote. Commissioner Nystrom commented that if there was a separate vote, the City had the majority of the voters, so we would have the advantage.

· Discussion on Airspace Ordinance, Wind Farms, and Coal Fire Generation:

Mr. Stull questioned if there had been any zoning attempts since the airspace and wind farm issues came into the picture. Commissioner Nystrom stated that the airspace topic was on the agenda for tonight’s meeting. Commissioner Nystrom asked if the County had been approached on the subject. County Commissioner Dwight Adams stated that they had not. Commissioner Nystrom commented that we had anticipated controversy about the air height restrictions, but no one seemed to be upset. City Manager Dave Howard commented that he had had a group come in Friday to voice their opinion, but he had told them that there was a public hearing this evening if they wanted to voice those opinions then. Commissioner Adams commented that he had attended the public hearing through the Airport Zoning Commission and that they had done a good job. Commissioner Adams added that there had been a gentleman attending that discussed GPS systems available. Commissioner Peltier commented that they are available for your car so why not something like this. Mayor Taylor commented that they do have them in tractors. Commissioner Adams commented that the system can prove that all County roads are not straight. Commissioner Nystrom relayed a story from Mr. Daryl Brehm that he can take his tractor out ten miles and the tractor can get home on its own, although state law says that they have to be manned.

Mr. Howard commented that the wind farms, if built, would be about a $500 million project. Commissioner Adams stated that that would be a big boom for Pratt. Mr. Howard commented that the project down south was a big boom.

City Manager Howard questioned if this project was part of the Westar bid. Mr. Stull commented that it was a part of the bid. Commissioner Nystrom questioned who pays transmission charges. Mr. Howard stated that the one who would get wind energy, but that we would pay Jeffries price. Mr. Howard added that this would free up space and that we would have to be upgraded, but that was not as big as what you would think. Mr. Howard stated that the best thing would be for the transmission issue to go away. Mr. Howard commented that there are so many different agencies that everybody thinks of ways to get money out of it. Commissioner Nystrom commented that he has renters that would be there through June.

Commissioner Hlavachick questioned where they were going to build. Mr. Howard commented that a 300 mega watt farm would be about one hundred fifty wind generators. Commissioner Peltier commented that they would ‘ugly up’ the landscape. City Attorney Ken Van Blaricum commented that he saw them as graceful.

Commissioner Hlavachick asked what everyone thought about the coal fire generation issue. Commissioner Nystrom commented that we would have to wait to see if the legislatures override the Governor’s veto. Mayor Taylor commented that it had been two weeks and she had not followed up on it.

Mayor Taylor commented that the Governor had forgotten about the money received from Dr. Tiller and wondered how many politicians do that. Mayor Taylor questioned how a Governor forgets about federal taxes. Commissioner Peltier commented that they may be slow, but they get to it eventually.

Mr. Howard commented that if the Holcomb plant gets a permit, the club could turn around and sue the state because they issued the permit. Mr. Howard added that he did not know why they would do anything different. Commissioner Nystrom asked if we were permitted for one. Mr. Howard stated that we had one, but did not sign it. Commissioner Nystrom questioned if we were going to let them build anywhere they want. Mr. Howard commented that without being zoned in the County, there was nothing we could do.

Mr. Stull commented that you could go from ag to industrial zoning. Mr. Howard commented that that was a good point as that was not an allowed use. Mr. Stull commented that it could be grandfathered in. Mr. Van Blaricum commented that it would have to be run through the Planning and Zoning Commission. Commissioner Peltier questioned the ones at Pratt Community College. Mr. Howard stated that they are in the City and that anything past the three-mile mark, we do not regulate building permits; therefore, we do not have the mechanism to stop it. Mr. Stull mentioned that it could be done as a conditional use. Mr. Howard commented that he was not interested in stopping them.

Commissioner Hlavachick commented that he was not crazy about them building. Mayor Taylor agreed, but added that it was not as bad as he had thought. Mr. Van Blaricum questioned what was so inviting to the wind farms. Mr. Stull commented that it was the updraft of wind and the consistent winds. Mr. Stull added that Pratt has a natural wind pattern and they want to get the best chances they can. Commissioner Adams commented that the cost of transmission could be a million dollars a mile and that more than ten miles would not be economical. Commissioner Adams added that even with a generator you cannot transmit everything they need. Commissioner Peltier commented that there would be an impasse on the oil industry. Commissioner Nystrom commented that you have two different uses of energy. Mr. Howard commented that the load swings were so big that you would have to have a back-up. Mr. Howard stated that something had to pick-up the load and natural gas was what you would want.

· Discussion on Combining Fire Departments:

Commissioner Peltier questioned if there would be any efficiency in combining fire services. Commissioner Adams commented that he thought there would be. Commissioner Nystrom commented that the efficiency would be that a single entity would be in charge. Commissioner Peltier stated that he was looking at it to save money for the County and the City. Commissioner Adams stated that they have looked at it in the small communities and they were not interested. Commissioner Reynolds added that they do not want to lose their department. There was discussion on the different districts and townships in Pratt County.

Commissioner Reynolds commented that when Mr. Stull had his fire, Preston took care of it when Township 12 was ten minutes away. Commissioner Peltier questioned why. Commissioner Adams commented that Mr. Stull lived in the Preston district and they do not do assists unless asked. Mr. Stull explained that Preston has its own fire district that is as far south as Highway 54 and west of his house and it also includes the livestock barn. Commissioner Peltier commented that that was an excellent point and wanted to know if the Commissions have the power to do anything to change that. Mr. Stull commented that they have been talked to and asked if Preston and Township 12 would be interested in changing boundaries. Mr. Stull added that he was not blaming Preston as it takes awhile to respond from your job and that was critical time, but that was the way the system was run.

Commissioner Nystrom questioned if Township 12’s entire district was in Pratt County. Mr. Stull stated that it was, but they all help when asked. Mr. Stull added that the fire departments do not know if they need help until they can get there.

Commissioner Nystrom questioned how Township 12 was funded. Mr. Stull answered that it was by mill levy. Commissioner Nystrom asked if the people who own property in Pratt County only support one department and there was no overlap. Mr. Stull stated that was correct and that Township 12 responds to all fires. Commissioner Nystrom asked if Mark McManaman was in charge of fires. Commissioner Adams stated that he was. Commissioner Nystrom asked if all the others had a chief and how were they trained. Mr. Stull stated that they were on their own, but if they were combined they could afford to have full time people, including EMS. Mr. Stull added that they could respond and look at things.

Commissioner Peltier commented that if there was a central location with a board, the closest fire department could respond. Commissioner Adams commented that that had been talked about. Commissioner Peltier asked if the County thought it was a good idea and they agreed. Commissioner Hlavachick and Mayor Taylor agreed also. Mr. Stull stated that if you put everything in the City, then there would be a contract with the City and all would come to an agreement. Commissioner Graf was asked if he thought this was a good idea and he did. Commissioner Peltier commented that this should be put together and looked at. Commissioner Hlavachick commented that this was not ‘plowing new ground’. Mayor Taylor commented that this was a safety issue for property and human life. Mr. Stull commented that you would have better trained personnel and more opportunities.

Commissioner Peltier stated that they need to take a hard look at this and questioned if the volunteers should be agreeable. Commissioner Adams commented that the firemen have little authority and that the township board does. Mayor Taylor added that City Fire is under the City Commission. Mr. Stull stated that after his fire, Mr. McManaman had talked about doing something different.

Mr. Stull commented that for public safety, there had to be a better way than we are doing it now. Mayor Taylor stated that they were elected to run the City and County in a manner that is best given the funds that we have and to promote public safety. Commissioner Peltier stated that a common fire department would have easier accessibility. Commissioner Hlavachick commented that they would be permanent employees. Mayor Taylor stated that the EMS could be trained as firemen also. Mr. Stull stated that it would take a single dispatcher. Mr. Howard stated that most fire departments that go to full time get three or four that are there. Commissioner Adams commented that you would have to have back-up for EMS if they were called to a fire.

Mr. Stull explained that Township 12 was a six square mile radius and that the districts were developed years ago. Commissioner Peltier asked how many lived in Pratt County. Commissioner Reynolds stated that it was around 9500. Mr. Howard commented that 65% of those live in the City. Commissioner Nystrom commented that you could pull the plug on Iuka, but they do a good job. Mr. Stull added that Preston does the best they can.

Commissioner Peltier asked where we go from here. Commissioner Rinke commented that they should turn it over to Commissioner Peltier. Commissioner Peltier stated that there should be a task force. Commissioner Adams commented that they had had Ford County come and talk to them, but there was nothing to put their teeth into. Commissioner Nystrom commented that we were elected to do it. Mr. Stull suggested that the City do a resolution with an expression of intent to look into combining the departments. Commissioner Adams suggested getting different fire people on it and Commissioners.

Mr. Stull commented that we should check with Mr. Rich Sanders about the positive impact on insurance rates. Commissioner Reynolds stated that the Dodge City guys said that it would help.

Commissioner Nystrom asked if all the departments were volunteers except Mr. McManaman. Mr. Stull stated that all were volunteers, including Mr. McManaman. Commissioner Peltier questioned if it would be a good idea to make a proposal at tonight’s meeting. Commissioner Hlavachick commented that it would give us a consensus. Mr. Stull suggested that every district and township be visited with to see what they think. Mayor Taylor commented that the City did that with the Airport Board. Mr. Howard commented that you should start with Township 12 and if they were not willing to do it, it was not worth doing, but if they were willing, then others would follow.

Commissioner Peltier asked who would have the authority in hiring and firing the fire chief and the assistant. Mr. Howard commented that a district board is appointed by City Commissioners and County Commissioners and the fire department personnel work for that board and they have their own mill levy. Mr. Howard added that they manage their own funds and people. Commissioner Peltier commented that the City has the biggest population, but the County should be represented. Mr. Stull suggested that they start by talking to other entities and then go about designing whatever they were going to do.

Commissioner Hlavachick asked about making a resolution. Mr. Stull stated that he thought that was a start, but the County was not really in the mix unless rescue and EMS were involved. Mr. Stull added that the County can redistrict by application.

· Return to Airport Ordinance discussion:

Commissioner Adams commented that the board did a good job on the ordinance and that they had studied it good. Commissioner Peltier commented that they were a sharp board. Commissioner Adams commented that it was good that Mr. Bill Parker was on there. Mr. Howard commented that Mr. Reid Bell had done a good job. Mr. Howard stated that some were against the ordinance, but it had all worked out and that Mr. Bell had backed off of some things. Commissioner Adams commented that they had arrived at good decisions, but the public had not attended the public hearing or meetings. Commissioner Nystrom questioned if the board was all there. Commissioner Adams stated that they were.

Mr. Howard commented that he had had a meeting with some people that had concerns about restricting property rights and he had explained that zoning does that, but it also protects. Mr. Howard stated that they should have attended the public meetings and that was an important part of the process.

NEXT MEETING:

The Commissions agreed to August 17, 2009 as the next joint meeting.

ADJOURN:

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


______________________________
JEFF TAYLOR, Mayor



(SEAL)

ATTEST:

_______________________________________
LUANN KRAMER, City Clerk

Monday, May 18, 2009

05/18/09 City Commission Agenda

MONDAY

MAY 18, 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 – May 04, 2009 Regular City/County Meeting
May 04, 2009 Regular Commission Meeting

4. OPEN AGENDA

5. BUSINESS:

5.1 Consideration and Approval of Appointments to the Pratt Library Board – Mayor and Commission
· Pam Krehbiel - Additional 4 year term
· Judy Koehler - Additional 4 year term
· Chris Himmelwright – Fill unexpired term of Deian Taochanov
(Term expires 4/30/2010)

5.2 Consideration and Approval of Bid for 2009 Curb, Sidewalk and ADA Ramps Project – Russ Rambat, Public Works Director

5.3 Review of Documents Regarding the Refunding of the 1998 and 2001 GO Bonds and 2002 Water Revenue Bond – Diana Garten, Finance Director

5.4 Consideration and Approval of Resolution Regarding the Refunding of Bonds – Diana Garten, Finance Director; Ken Van Blaricum (RESOLUTION 051809)

6. REPORTS:

6.1 City Manager
6.2 City Attorney
6.3 Department Heads
6.4 Mayor
6.5 City Commission

11. ADJOURN.

Monday, May 11, 2009

04/20/09-Approved City Commission meeting

MONDAY

APRIL 20, 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
Eric Nystrom Commissioner
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
Steve Holmes Chief of Police
Russ Rambat Public Works Director
Brad Blankenship Building Inspector
Kelly Hemphill Dir. of Electric Utilities
Bruce Pinkall Recreation Director

CALL TO ORDER:

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

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

MINUTES:

A motion by Commissioner Hlavachick to approve the minutes of the April 06, 2009 regular meeting. The motion was seconded by Commissioner Borho and carried unanimously.

CERTIFICATION OF APRIL 07, 2008 CITY COMMISSION ELECTION:

Mayor Nystrom and Commissioners thanked Commissioner Borho for her many years of service.

City Clerk Kramer read the certification of the April 07, 2009 City/School Board election that had been sent by County Clerk Sherry Kruse indicating that Victor Graf had received the majority of the votes; therefore, voted in as City Commissioner.

OATH OF OFFICE GIVEN TO NEWLY ELECTED CITY COMMISSIONERS:

City Clerk Kramer gave the oath of office to Mr. Victor Graf. Commissioner Graf signed the City’s oath of office before continuing the meeting.

PRESENTATION OF MAYOR’S PLAQUE:

City Manager Dave Howard presented outgoing Mayor Nystrom with a plaque and stated that it had been a pleasure working with him in 2008/2009.

REORGANIZATION OF PRATT CITY COMMISSION:

1. NOMINATION FOR MAYOR:

A motion by Commissioner Hlavachick to nominate Commissioner Taylor to serve as Mayor. The motion was seconded by Commissioner Peltier and carried unanimously. Mayor Taylor took his place at the dais as the Mayor for 2009/2010.

2. NOMINATION FOR VICE-MAYOR:

A motion by Commissioner Hlavachick to nominate Commissioner Nystrom to serve as Vice-Mayor. The motion was seconded by Commissioner Peltier and carried unanimously.

3. DESIGNATION OF OFFICIAL CITY DEPOSITORIES – THE PEOPLES BANK, FIRST NATIONAL BANK, FIRST STATE BANK AND TRUST:

A motion by Commissioner Nystrom to approve The Peoples Bank, First National Bank, and The First State Bank and Trust as the official City depositories. The motion was seconded by Commissioner Hlavachick and carried unanimously.

4. DESIGNATION OF OFFICIAL CITY NEWSPAPER – THE PRATT TRIBUNE:

A motion by Commissioner Nystrom to approve The Pratt Tribune as the official newspaper for the City of Pratt. 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 BID FOR WATER METERS FOR 2009:

Water Superintendent Kelvin Clay informed the Commission that he had put together his yearly request for water meters that would replace meters that were ten years or older and that these would be compatible to the touch pad metering system. Mr. Clay commented, that with this meter purchase, his department would be completing books six through nine. Mr. Clay stated that the meters had to be compatible to the Sensus metering system so that they would work with the current handhelds used by the meter readers. Mr. Clay explained that there was a buy-back program through HD Supply where they would give credit for the old meters. Mayor Taylor questioned if the meters were worn out. Mr. Clay stated that you are to get them out of the ground every ten years, but some had been there for about thirteen or fourteen, so he was a little behind. Commissioner Nystrom asked if some of the meters being replaced were Sensus meters. Mr. Clay commented that there were some Sensus, but there were also precision meters that were not touch pads. Commissioner Peltier questioned how the touch pads were read. Mr. Clay explained that you go to the box and it sends a signal to the handheld and once the handheld is put on the charger, it does the calculations.

Mr. Clay commented to the Commission that with the numbers he had received, he requested that HD Supply get the bid for the 2009 meter purchase. Commissioner Graf asked how the $1200 credit for the old meters was handled. Mr. Clay commented that it was figured in with sixty meters being $69.73 and 120 being $89.74; therefore, the credit was figured in the bid.

A motion by Commissioner Hlavachick to accept the bid not to exceed $21,457.24 from HD Supply. The motion was seconded by Commissioner Nystrom.

Commissioner Peltier asked if the bids were apples for apples. Mr. Clay stated that there is only one Sensus dealer and it is hard to come up with a competitive bid. Mayor Taylor questioned if these meters were comparable to another meter close to the same style. Mr. Clay commented that he believed so. Commissioner Nystrom asked if there were any badger meters still out there. Mr. Clay commented that there were, but they had no guarantee and did not have the touch pad system.

After little more discussion, the motion passed unanimously.

PROPOSAL FROM ECONOMIC DEVELOPMENT:

Mr. Paul Olsen addressed the Commission about an opportunity to assist Dr. Chris Polk in opening up a dental practice in Pratt. Mr. Olsen commented that he had proposed this type of situation to the City and County before.

Mr. Olsen stated that Dr. Polk had fourteen years experience and would bring orthodontics and implants to the Pratt area. Mr. Olsen added that Dr. Polk started two other practices previously before moving to Pratt. Mr. Olsen commented that Dr. Polk had the ability with the right equipment to do crowns all in one setting and that is good for any of us. Mr. Olsen explained that Dr. Polk would like to build in town and would start out with four seats and the possibility of moving up to ten. Mr. Olsen stated that with the $40,000 from County, City and Economic Development, Dr. Polk would be investing a half million dollars of his own money. Mr. Olsen stated that this would create five jobs and expand over time.

Mr. Olsen commented that the contract with Dr. Mathes had been for five years, but Dr. Polk was willing to stay for ten years or longer. Mayor Taylor questioned if dental was sales taxable. Dr. Polk answered that it wasn’t yet. Mr. Olsen commented that this would be an opportunity for people who have had to go out of town for orthodontic work to now stay in town. Mr. Olsen added that a new building would be on the tax roll and would be creating new jobs. Mr. Olsen commented that a lot of today’s talents leave and do not come back, but Dr. Polk was returning to Pratt and is asking for the City to assist him in being able to stay here. Mr. Olsen stated that the County is on board if the City is. Mayor Taylor asked if the ED Board was on board. Mr. Olsen stated that it had been unanimous.

Mayor Taylor asked about locations for the building and the building codes. City Manager Dave Howard commented that there was an issue with two of them and the Planning & Zoning Board had denied a zoning change request. Mr. Howard added that the property on Highway 54 would require a variance as the highway service district has different setbacks and he could not recommend the approval. Mr. Olsen commented that he had no doubt that they would find a location. Mr. Howard added that even though the Planning and Zoning Commission had denied the zoning change, it could come before the Commission and they could approve it. Commissioner Peltier asked where this property was located. Building Inspector Brad Blankenship stated that it was at Fifth Street and Austin Street. Commissioner Graf commented that it was behind Porter Loomis’. Mr. Howard commented that there had been a good turn-out of the neighborhood, so the Planning and Zoning had denied the request. Mr. Howard stated that they can only make a recommendation to the City Commission, so the Commission could approve the zoning change if they wanted to. Mr. Howard added that the other one for the variance did not get on the April agenda, so it will be on in May. Mayor Taylor asked Dr. Polk if he would be okay with that location. Dr. Polk stated that it was a nice location and it was visible with easy access. Dr. Polk added that it was difficult to find a lot or old building. Commissioner Peltier asked about offices at Pratt Internal Medicine. Dr. Polk commented that he had talked to them and they were not interested.

A motion by Commissioner Hlavachick to recommend the City contribute $40,000 to Dr. Chris Polk’s dental practice in Pratt and doing so in conjunction with the ED Board and County. Commissioner Peltier asked if this was in our budget. Mr. Howard stated that it was. Commissioner Peltier seconded the motion. Commissioner Graf questioned if this money was for equipment also. Mr. Olsen stated that was their intentions. Commissioner Nystrom commented that we should wait to transfer the money until there is real estate involved. Mr. Olsen stated that he was sure they would find a location and they have six to nine months to do so.

With no further discussion, the motion passed unanimously.

CONTINUED DISCUSSION ON HIMMELWRIGHT LAND DEVELOPMENT:

Mr. Blake Himmelwright addressed the Commission about the access to electricity on the entire area he had discussed with them at the last meeting and that he had decided to voluntarily annex 40 acres due to the access via New Street. Mr. Himmelwright added that he still would request that the City improve the right-of-way and that it did not have to be with curb or guttering, but filled in with some asphalt millings. Mr. Himmelwright commented that he had justification to keep the remainder of the property out of the City since it had County road access and there were existing power lines on Northwest 10th Avenue.

Mr. Himmelwright stated that Mr. Rod Seidel had decided to go it alone since the last meeting and so he was not sure what he wanted to do. Mayor Taylor questioned if we had come up with any figures for the right-of-way improvements and electrical service. Public Works Director Russ Rambat stated that $800 to $1,000 should cover it with that being mostly labor and the millings or concrete pieces were something we have in stock, so the cost would be minimal. Commissioner Peltier asked how the cost would be divided. Mr. Himmelwright stated that the twenty acre pieces would be a shared expense for the power poles. Commissioner Peltier commented that the City would be gaining two lots. Mr. Himmelwright commented that he could revise the plat later and that he would like a preliminary approval before doing the plat as that can be expensive. Commissioner Nystrom commented that he had no objections to the extension of the utilities. Commissioner Hlavachick commented that it would be a nice addition to the City and he saw no reason not to do it. Mr. Himmelwright commented that he would like to keep the character of the country side.

Commissioner Nystrom questioned if there would be any covenants on the twenty acres. Mr. Himmelwright stated that there would not be any covenants, but he was not that far in his thinking. Commissioner Nystrom asked if he was just looking for the Commission’s blessing. City Manager Howard stated that Mr. Himmelwright needed the Commission’s assurance that the City would supply electricity to the lots not being annexed. Mr. Howard added that we do not usually extend utilities if the property borders City property and this would involve five or six lots that would not be annexed. Commissioner Nystrom commented that this meets our policy. Mr. Howard stated that two of the lots would, but the others would border City property after they are annexed. Mr. Howard commented that it is actually trying to slide around the rules. Commissioner Nystrom commented that they do not border it yet. Mayor Taylor stated that the others would butt up against that. Mr. Howard commented that it was a good compromise, but Mr. Himmelwright did not want to go through the expense if we were not willing to extend the utilities.

Mr. Rod Seidel stated that he was willing to annex his sixteen acres sometime in the future for his development, but he needed power to a water well to keep a pond full. Mr. Seidel stated that he was willing to annex that piece if he could have power to the other twenty-five acres for personal use. Mr. Seidel commented that he was not sure when he would be willing to annex the sixteen acres. Mr. Seidel added that he could do a one-time lot split and separate himself from the City if that was the route the Commission wanted him to take. Mr. Seidel commented that he had no problem annexing the sixteen acres in the future especially if he could use Simpson Street for access to do some developing. Commissioner Nystrom commented that the City had extended our electrical utilities for such things as that as long as there was not any development, which was what we had done for Mr. Montei. Mr. Seidel commented that the big push for him is that he would like to fill the pond with water and maintain it with fish. Mr. Seidel added that later on he would like to break out part of the land somehow and accessing it from Simpson Street going into that property. Mr. Seidel commented that it could be broken into three acre plots, but he would have to do some soil samples to find out how the sewer worked there so that it would meet requirements. Mayor Taylor questioned if we would put electricity in up to the northeast corner of that property. Mr. Howard commented that that would allow the extension of the electric service. Mayor Taylor questioned if it would be at their expense. Mr. Howard stated that was correct.

Mr. Seidel commented that once annexed, he would be glad to do the labor in setting the power poles if the City would split the cost of them and supply some of the materials. Mr. Howard stated that that was not what they had talked about. Mr. Seidel commented that he was just asking if that was too much. Mr. Howard stated that he would have the expenses of running the electricity. Mayor Taylor commented that there had been a tentative agreement with the City Manager. Commissioner Hlavachick commented that that was reasonable and right. Mr. Seidel stated that he would like power in the corner by Commissioner Peltier’s shop in the near future as he would like to buy that lot himself to put Seidel Equipment in there if it was zoned right.

Commissioner Peltier questioned if Mr. Himmelwright would be willing to annex more than the forty acres either going east or west. Mr. Himmelwright stated that would not be a big deal as long as he kept his house out of annexation. Commissioner Peltier asked if he would be willing to annex everything except the fifteen acres on the northwest end. Mr. Himmelwright stated that that would be a possibility. Commissioner Peltier asked Mr. Seidel if he would be willing to annex the whole thing. Mr. Seidel stated that he would not at this time, but was not saying that he would not in the future. Mr. Seidel added that he was trying to compromise, because of the street situation and people accessing the sixteen acres. Mr. Seidel stated that if the twenty-five acres was a problem, he would access off of Tenth Street. Mr. Himmelwright asked why he would want to annex the whole thing. Commissioner Peltier commented that the City would be able to gain more income and a possibility of more aggressive development. Mr. Himmelwright stated that the increase in taxes was nominal. Commissioner Peltier commented that it would be good for the City if it all got built out. Mr. Himmelwright commented that if someone wanted to do that they would come before the Commission and revise the plat. Mr. Howard commented that with the sizes of the property, the County was getting stricter with septic tank regulations and under twenty acres they would not be able to sub-divide the lots much further without all the City utilities. Commissioner Peltier added that this would allow more housing and more taxing that the City could do. Mr. Howard commented that Mr. Himmelwright was willing to annex a portion of the property and if he would decide to break it down further, the utilities would have to be extended out there. Mr. Himmelwright stated that he did not want to annex more now and definitely not his house.

Mr. Seidel stated that he had not had his land surveyed, but he would like to keep the pond area out of it. Commissioner Hlavachick questioned if Mr. Seidel was going to build in the drainage area. Mr. Seidel stated that he was not, but there were some nice house sites there with hills. Mr. Seidel pointed out the hills and drainage issues on the power point map. Commissioner Peltier commented that he could easily get thirteen to seventeen good sites out of that with the pond in the middle. Mr. Seidel added that he liked to think outside the box and there could someday be a three par golf course in that area, but not put in by him.

Commissioner Hlavachick questioned if we needed to do a motion on this. Mr. Howard stated that on Mr. Himmelwright’s property we would need a motion for the City to extend electrical services and do the improvements. Mr. Howard commented that after the development of the plat and an agreement, the annexation would cover all the issues discussed. Commissioner Nystrom asked if the order of business tonight was for Mr. Himmelwright’s forty acres being annexed into the City and the extension of electric utilities. Mr. Howard stated that it would also be for our willingness to extend our electrical utilities to the other lots not being annexed. Mayor Taylor asked if this would be at their expense. Mr. Howard commented that there would not be much expense as you would just drop to the lots as the line runs down the country road. Commissioner Nystrom added that would be the case except on New Street. Mr. Howard stated that was correct. Director of Electric Utilities Kelly Hemphill commented that there was a portion on northeast Tenth Street that would need to be extended. Mr. Himmelwright stated that would be on the plat.

Commissioner Nystrom asked if they needed a motion. City Attorney Ken Van Blaricum stated that an expression of intent would work. A motion by Commissioner Nystrom to make an expression of intent to extend our utilities onto Blake Himmelwright’s property with the understanding that he would voluntarily be annexing the forty or so acres that border the west side of New Street as well as access to the City’s electrical utilities to the other partials on Northwest Tenth Avenue and Northwest Tenth Street. A second to the motion by Commissioner Hlavachick and the motion passed unanimously.

PROCLAMATION FOR ARBOR DAY ON APRIL 23, 2009:

Recreation employee, George Brown, explained to the Commission that Parkwood Village had donated trees to be planted at the Sports Complex in honor of Arbor Day. Mayor Taylor read the proclamation. Recreation Director Bruce Pinkall commented that we did get confirmation that we are a Tree City USA for 2008. Mr. Pinkall added that Mr. Brown had initially gotten the program started again in 2008 with the Recreation Board helping out.

CONSIDERATION AND APPROVAL OF REAPPOINTMENT OF KELLY GARRETSON TO THE AIRPORT AUTHORITY BOARD:

City Manager Howard commented that Mr. Kelly Garretson was willing to serve an additional term on the Airport Authority Board. Mr. Howard explained that you can serve two terms before you have to set out for a year. A motion by Commissioner Hlavachick to approve the three year term for Mr. Kelly Garretson on the Airport Authority Board. The motion was seconded by Commissioner Graf and passed unanimously.

CONSIDERATION AND APPROVAL OF RESOLUTION TO REALLOCATE THE BASELOAD ENERGY FOR THE CITY OF PRATT FROM KMEA:

Energy Agent Kenny Kreutzer commented to the Commission that the City had been with EMP for eleven months and after running some figures on what everybody’s allocation had been, Pratt had more baseload than we need while others did not have enough. Mr. Kreutzer explained that Pratt and Beloit would be giving up some of their baseload and Russell and Hoisington would be taking it.

Mr. Kreutzer stated that when the City first thought of doing this, we went through our bills and figured them at 8.94 megawatts. Mr. Kreutzer explained that when he recently refigured them at the 8.94 megawatts, three months out of the year the MKEC saves us money and the other months costs us money. Mr. Kreutzer commented that by giving up the 600 kilowatts of baseload, the City would save about $33,000 a year. Mr. Kreutzer stated that was why it was before the Commission to approve this change. Mayor Taylor commented that anytime we can save money is a good time.

Mayor Taylor questioned if we were okay. City Manager Howard stated that we were and that it was the non-summer months that we have too much baseload and this is going to actually be a savings to us as Mr. Kreutzer had pointed out. Mr. Howard stated that when the allocations were originally decided, they were done on historic patterns and the plan was to come back in two years and reallocate, but it was decided by the group to make the adjustments after one year to be fair to all.

A motion by Commissioner Nystrom to change our contract with the EMP to reduce our baseload from 9.54 megawatts to 8.94 megawatts as presented. The motion was seconded by Commissioner Graf. Mayor Taylor commented that Resolution 042009 needs to be approved. Commissioner Nystrom amended his motion to include the adoption of Resolution 042009. Commissioner Graf seconded the amendment and the motion passed unanimously.

CONSIDERATION AND APPROVAL OF BID FOR MATERIALS FOR THE FEMA RECONDUCTOR PROJECTS:

Director of Electric Utilities Kelly Hemphill explained to the Commission that he had sent out two bids for materials for the reconductor project and two had been returned. Mr. Hemphill stated that Stanion Wholesale Electric had a bid of $36,018.69 and Kriz-Davis had returned a bid of $33,646.61. Mr. Hemphill commented that FEMA had asked that we take the lowest bid on materials and that the quotes had to be turned into FEMA to represent the cost of repairs. Mr. Hemphill added that the bid from Kriz-Davis had come in without local tax added, so he had added tax in the amount of $2,215.87 to their bid of $31,430.74.

Commissioner Peltier asked if Mr. Hemphill had stated that FEMA requested we take the lowest bid. Mr. Hemphill stated that they did make that request. Mr. Hemphill commented that even with the five percent consideration for local vendors, Stanion Wholesale Electric did not make it. City Manager Howard commented that with the way it is, FEMA would pay 85% of the low bid. Mayor Taylor asked if the approval should be taxable amount. Mr. Hemphill stated that it should, even though it did not change his recommendation.

A motion by Commissioner Nystrom to accept the bid from Kriz-Davis of $31,430.74 plus taxes to meet the request for the FEMA reconductor projects. The motion was seconded by Commissioner Hlavachick and carried unanimously.

PROCLAMATION DECLARING APRIL AS FAIR HOUSING MONTH:

Mayor Taylor read the proclamation declaring April 2009 as ‘Fair Housing Month’.

CONSIDERATION FOR PRATT RELAY FOR LIFE TO USE A ROOM FOR THEIR MEETINGS AT THE MUNICIPAL BUIDLING AT ‘NO CHARGE’:

Recreation Director Bruce Pinkall commented to the Commission that the Pratt Relay for Life had requested use of the old Commission room at no charge for seven or eight meetings. Mr. Pinkall stated that he had told them the policy was to bring it before the Commission for their approval. Commissioner Peltier asked if there was any problem with them meeting there. Mr. Pinkall stated that there was not and that they were easy to work with. A motion by Commissioner Peltier to approve the request of the Pratt Relay for Life. The motion was seconded by Commissioner Hlavachick and carried unanimously.

REPORTS:

City Manager Dave Howard mentioned that there was a copy of the KMEA news letter in the packet and that it mentioned that EMP1 had saved Cities $2.8 million and EMP2 had saved them $3.6 million. Mr. Howard stated that they would have a more detailed presentation on this later, but, roughly speaking, out of the $3.6 million about twenty-seven or twenty-eight percent was the City of Pratt. Mr. Howard commented that this was based off of, instead of the contract with Jeffries, having to buy at market price, which had been much higher this past year.

New Motel:

Mr. Howard informed the Commission that there would be a new motel coming in south of Comfort Suites. Mr. Howard stated that a Holiday Inn Express would break ground in late summer or early fall.

Fuel Station:

Mr. Howard commented that he had met with representatives from Dillon’s concerning a fuel station. Mr. Howard stated that Dillon’s was looking at the location of the old A & W and that it was zoned right. Mr. Howard added that he was not sure if they had purchased it yet. Mayor Taylor commented that that was quite a place years ago.

Public Works:

Curb & Gutter project:

Public Works Director Russ Rambat stated that he had been busy measuring up curbs and handicap ramps and would be going out for bids soon. Mayor Taylor commented that he had noticed that as a result of the snow storm there were chips in some of the curbs, including the new ones. Mr. Rambat commented that with that much snow, there were people that were not familiar with the area so there was some damage. Mr. Rambat stated that he was going to try to get to some of the damaged areas, but he had other areas already designated. Mr. Rambat added that he would have something put together in the next couple of weeks.

Pool update:

Mr. Rambat commented that the new drain was concreted in and would now meet the Federal mandate. Mr. Rambat stated that the fiberglass people would be coming back out to put the liner back and do a few repairs. Mr. Rambat stated that there would be some painting done and there should be water in the pool in the next couple of weeks.

Cemetery Directory:

Mr. Rambat informed the Commission that he had received word from the company doing the new cemetery directory that it should be here in the next week or two. Mr. Rambat commented that it would be on-line before Memorial Day. Commissioner Nystrom asked if the information had been saved from the old drive. Mr. Rambat stated that it had and would be installed on the new one. Commissioner Nystrom questioned the benefits of the new system. Mr. Rambat stated that the new directory would be XP compatible and with the newer operating system, the data would be kept separately.

Commissioner Nystrom asked if it would be accessible from our internet site. Mr. Rambat commented that it would be in time, but we had to establish wireless that would reach Mr. Butch Simpson’s office and then we can make that patch.

Street lighting:

Director of Electric Utilities Kelly Hemphill stated that the mercury ballast in the street lighting was no longer available so they were being replaced by sodium head and sodium lamps. Mr. Hemphill commented that these were yellow in color, but there was not much choice since the mercury ballast were no longer available. Mayor Taylor asked if this was an environmental concern. Mr. Hemphill stated that it was.

Host site:

Recreation Director Bruce Pinkall informed the Commission that the Kansas State High School Activities Association announced that Pratt was the host site for regional baseball in May.

Service project:

Mr. Pinkall commented that Liberty Middle School had a service project last Thursday for the community and they had come to the parks and Sports Complex to pick up trash, paint and help clean-up. Mr. Pinkall stated that there were about eighty to one hundred kids that worked from 9:00 a.m. to noon. Mr. Rambat added that it made a big impact on the parks and that Mr. Mark Eckhoff was happy. Mayor Taylor questioned if we had thanked them. Mr. Pinkall commented that he would do a certificate of appreciation.

Tree City:

Mr. Pinkall thanked Mr. George Brown for his work on the Tree City USA recognition for the City.

Legislation info:

Police Chief Steve Holmes informed the Commission that there had been some pieces of legislation that he would bring to them after he knows what Cities can and cannot do. Mayor Taylor asked if they involved traffic laws. Chief Holmes stated that they were mostly concerning traffic laws.

Audit:

Finance Director Diana Garten informed the Commission and staff that the auditors would be here tomorrow and most of the week to do the 2008 audit.

Tax update:

Ms. Garten stated that in the Kansas Government Journal there was the tax update and of the ninety-three second class cities, 59% have higher rates than the City levies in 2008 and 40% have lower rates. Ms. Garten commented that we are still in the middle.

PRMC fund drive:

Mayor Taylor questioned if we do anything for the PRMC fund drive. Mr. Howard commented that he did not recall that we had done anything before. Mayor Taylor commented that they are a valuable part of the community and suggested a $100 donation. The Commission was in agreement.

Compost:

Mayor Taylor asked if compost pick-up had begun. Mr. Rambat stated that it had.

Lake update:

Commissioner Hlavachick commented that the lake would have ten more slots for campers and a flushable toilet system fairly soon if the weather would cooperate. Commissioner Hlavachick stated that KDOT would put up a sign on the highway if you have flushable toilets and they are hopeful that ‘snow birds’ would stop there. Mayor Taylor commented that he appreciates everything the committee is doing and that the lake is a lot busier.

Welcome to new Commissioner:

Commissioner Nystrom welcomed Commissioner Graf to the Commission and stated that he knew that they would be creative.

Comments from Commissioner Graf:

Commissioner Graf commented that he had received a letter of congratulations from Commissioner Peltier. Commissioner Graf stated that there was a comment about his being a puppet and he assured the Commission that he was not and he had a mind of his own. Commissioner Graf explained that Ms. Karen Detwiler had offered to be his treasurer when his daughter had had his grandson at twenty-five weeks and he only weighed one pound eight ounces. Commissioner Graf added that with three weeks left of the campaign, he accepted the help from Ms. Detwiler so that he could be in Wichita and that his grandson came first. Commissioner Graf stated that Ms. Detwiler had stepped up to the plate and that there was no connection and anyone thinking anything else was wrong.

Commissioner Graf stated that anyone who knows him knows that he has a mind of his own. Commissioner Graf commented that he would like to put everything behind him and work as a team and get things going. Commissioner Graf explained that he had nothing to hide and if anyone had questions, they should ask him. Commissioner Nystrom welcomed Commissioner Graf to the Commissioner and commented that they had a lot of work to do, so they needed to get on it.

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