Thursday, October 29, 2009

10/5/09 Approved City Commission meeting minutes

MONDAY

OCTOBER 05, 2009

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

PRESENT: Jeff Taylor Mayor
Bill Hlavachick Commissioner
Eric Nystrom Commissioner
Victor Graf Commissioner

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

CALL TO ORDER:

Mayor Taylor called the regular session to order. The Mayor instructed the Clerk to note that all Commissioners were present with the exception of Commissioner Peltier who was at a medical conference.

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

MINUTES:

A motion by Commissioner Hlavachick to approve the minutes of the September 21, 2009 regular Commission meeting. The motion was seconded by Commissioner Nystrom and carried unanimously.

OPEN AGENDA:

No one in the audience wished to address the Commission.

BUSINESS:

READING OF PROCLAMATION FOR ‘DISABILITY MENTORING DAY’ ON OCTOBER 20, 2009:

Mayor Taylor read the proclamation for ‘Disability Mentoring Day’ that would be on October 20, 2009. Two representatives from Prairie Independent Living Center joined the Mayor at the dais for a photo.

CONSIDERATION AND APPROVAL OF TENNIS COURT IMPROVEMENTS USING TRAVEL AND TOURISM FUNDS:

Recreation Director Bruce Pinkall explained a little of the history of the Walter Blake Tennis Complex and let them know that in 2000 the six court complex was turned into a ten court complex thanks to past and present tennis players, private individuals, the City and USD 382. Mr. Pinkall commented that due to the upgrades and improvements, Pratt has been able to host seven State championships and over fourteen Regional championships and one Region 6 NJCCC Championship

Mr. Pinkall stated that the surfacing was done on our own, but that we were now experiencing ‘bird baths’ or water standing on the surface, fencing not parallel to the tennis courts, mounting for the net brackets were wearing through and the cracks between the courts have started growing vegetation. Mr. Pinkall added that freezing precipitation was also causing damage. Mr. Pinkall explained that the resurfacing would involve power washing to remove any loose surface materials, grinding off any uneven areas, applying resurfacer and two coats of plexi-pave.

Mr. Pinkall informed the Commission that he had had numerous people call and look at the courts, but had gotten only one written bid back and he would like to move forward on the project as soon as possible. Mr. Pinkall stated that the temperature had to be over 85 degrees, so the project would probably start the first part of the spring. Commissioner Nystrom asked if all the courts needed maintenance. Mr. Pinkall stated that he had asked that the proposals be for all ten courts and that he would get back to the company with how many we could fund. Mayor Taylor asked if they would all be done at the same time. Mr. Pinkall stated that they would be and that with four or more, you get a reduction in cost. Commissioner Nystrom asked about the cost to get all the courts up to par. Mr. Pinkall answered that cost would be $50,950 for the resurfacing and crack sealing. Mr. Pinkall added that the paint work and fencing problems may be done in house.

Mr. Pinkall stated that the next planned state tournament was the 4A boys and Pratt High School would be the host. Commissioner Hlavachick asked how many teams would be involved. Mr. Pinkall stated that it could be up to sixteen participants and it would last two days. Mr. Pinkall stated that the courts were not unplayable and that this was more cosmetic and the last cosmetic repairs had lasted ten years.

Mr. Pinkall commented that the money for this project would come out of travel and tourism funds and that this project should create more tourism in town. Commissioner Nystrom asked about using any of the Riney money. Finance Director Diana Garten commented that you could use that money. Commissioner Graf asked how travel and tourism funds were generated. City Manager Dave Howard explained that it was from people staying in motels and paying the lodging or bed tax and was basically paid by people that do not live in the City or County due to events that bring them to town. Mr. Howard added that this was a healthy fund. Mr. Pinkall commented that he hoped that these improvements brought more activity such as youth and adult tennis tournaments. Mr. Howard stated that some people value tennis as an attraction and that the more we have to offer the better chance we have of getting them into town. Mr. Pinkall commented that they would be doing youth tennis lessons in the summer.

Commissioner Nystrom asked about the life of the improvements. Mr. Pinkall stated that there was a one year guarantee and that there was a ten year life span for this. Mayor Taylor commented that this was good use of the bed tax funds, because it is hard to find things to use those funds for. Commissioner Nystrom asked if they would be able to do anything yet this fall. Mr. Pinkall commented that he did not know, but did not want to take a chance. Mayor Taylor asked if the company would hold this price. Mr. Pinkall stated that the contractor said that he would. Commissioner Graf questioned if the work would be done before the tournaments. Mr. Pinkall stated that it would be. Mayor Taylor asked how soon you can get on a court after they are resurfaced. Mr. Pinkall stated that they have to sit overnight, but if it is too hot they do not cure. Commissioner Graf questioned if we could table this and go back to the other companies and see if they would be willing to bid to redo all ten courts. Commissioner Nystrom stated that that is bid shopping and you cannot do that.

A motion by Commissioner Hlavachick to approve the bid from Mid-American Courtworks to resurface the courts at the Walter Blake Tennis Complex in the amount not to exceed $50,950 using travel and tourism funds. The motion was seconded by Commissioner Graf and carried unanimously.

Mr. Pinkall commented that Pratt High School would be using the tennis courts for their Regional tournament this weekend and asked for the Commission’s approval for use of the Scout Cabin also. Mr. Pinkall added that they would not be blocking off any streets for this tournament. The Commission gave their approval for the school to use the Scout Cabin during the Regional tournament.

REPORTS:

City Manager:

College rodeo:

City Manager Howard commented that the college rodeo was the largest they had ever had. Mayor Taylor added that it was a very successful event. Mr. Howard added that we have an understanding with the college that the trash out in the park area get cleaned up a day or two after the rodeo and they do a good job of that.

New hotel:

Mr. Howard commented that he had had a meeting with the new hotel owners and the architect and that most hotels have a footprint that they have to build on, but they are looking at increasing the space for the conference room. Mr. Howard explained that a larger conference room would be a good move for Pratt and bring in conferences for different organizations in town that have to travel now.

Chief’s accomplishment:

Mr. Howard stated that Police Chief Steve Holmes would be appointed president of the Kansas Police Officers Association on Wednesday and that was quite an accomplishment. Mr. Howard added that he should be proud of that appointment. Mayor Taylor added that Chief Holmes does a good job.

City Attorney:

H2O project funding:

City Attorney Ken Van Blaricum commented that he had checked into using tourism funds for the Sunflower H2O project and that he had found that you can use these dollars for economic welfare. Mr. Van Blaricum stated that Fort Scott had used these funds to renovate their Visitors Center and their website although some objected to that. Mr. Van Blaricum commented that all it would take is a resolution finding that the funds would promote economic welfare for Pratt. After a short discussion, the Commission was in agreement that a resolution should be brought to them at the next meeting.

Petition on Maple Street Extension:

City Attorney Van Blaricum stated that he would like to update the Commission on the lawsuit concerning the petition on the Maple Street extension and he would be glad to do that now or in executive session to discuss attorney/client privilege. The Commission agreed to discuss it out of executive session.

Mr. Van Blaricum commented that this was a statutory item and that the Commission had voted to extend Maple Street by motion and second and a vote was taken. Mr. Van Blaricum stated that there were tax payers who did not want that and had had a local attorney draft a petition to attempt to block the extension. Mr. Van Blaricum explained that the State law requires that to make a petition valid you have to take it to the County Clerk who then takes it to the County Attorney and he determines whether or not the petition was legal.

Mr. Van Blaricum stated that was what happened and County Counselor Gordon Stull had written his opinion within three days that the petition was not valid to form and so the ruling was that it was not good enough. Mr. Van Blaricum explained that since then the petition had been redrafted using different language and had been brought back to the County Clerk who resubmitted it to the County Counselor. Mr. Van Blaricum commented that Mr. Stull had called Attorney Jack Black and expressed that it was not quite good enough form, but Mr. Black had felt that it was. Mr. Van Blaricum stated that there was enough of a disagreement that County Counselor Stull would not give a ruling.

Mr. Van Blaricum commented that the law goes on to state that if the County does not give a ruling, the petition is presumed valid unless a City or government unit takes action to block the action in District Court. Mr. Van Blaricum stated that any action has to be filed with the District Court in a narrow window of time and that he had advised the Commission that the State Statute gives twenty days, but was vague on what ‘filed’ means.

Mr. Van Blaricum explained that the process started on September 4th with the filing of the petition with the County election officer and he did not want to lose the option to object so the lawsuit was filed with District Court using that date. Mr. Van Blaricum commented that Ms. Karen Detwiler was named as carrying the petition and the lawsuit was filed on September 22nd in District Court. Mr. Van Blaricum commented that several days later he received a reply of defendant filed by Ms. Detwiler.

Mr. Van Blaricum stated that this puts the matter at issue before the District Judge and he must decide if the petition is valid or if the lawsuit was brought too early and should go by filing of a signed petition, which would require a postponement to a later date. Mr. Van Blaricum commented that the Judge has twenty days to make a ruling and that the matter is decided quickly.

Mr. Van Blaricum stated that he had visited with the Judge and the hearing was set for 10:00 a.m. Friday, October 9th and that he (Mr. Van Blaricum) did not know the ruling. Mr. Van Blaricum commented that if the Judge decides that the petition is valid, the City will know where they stand, as will the petitioners, if it is ruled invalid so they would not have to waste their time getting signatures.

Commissioner Nystrom thanked Mr. Van Blaricum for clarifying this and hoped it would eliminate some confusion.

Public Works:

Slurry Seal project:

Public Works Director Russell Rambat commented that the slurry seal project had begun on the southeast part of town, but Mother Nature had taken it in a different direction than planned. Mr. Rambat explained that with the weather conditions it would take another full week for the project and to get vehicles moved. Mayor Taylor questioned if the bare strips would be filled. Mr. Rambat stated that they would and that they pull a nine foot path so it takes several paths.

Drainage boxes:

Mr. Rambat informed the Commission that Street Superintendent Harley Dancaster and Street Foreman Roy Sinclair had been forming up the drainage boxes by Lemon’s Park. Mr. Rambat stated that the intentions were to get the boxes set and the drainage plumbed in

Curb and Gutter 2010 project:

Mr. Rambat commented that he was already looking at next year’s curb and gutter project and street projects. Mayor Taylor stated that he had received compliments on the curb and gutter project. Mr. Rambat commented that the guys do a good job.

Building Inspector:

New projects:

Building Inspector Brad Blankenship commented that he had been fielding calls concerning the Maydew Vision Clinic and the new hotel. Mayor Taylor asked if there was a time table for the new hotel. Mr. Blankenship commented that they had the conference room issue to work out. City Manager Howard added that the hotel should start in November with weather permitting.

Fire Station:

Mr. Blankenship stated that the new fire station was coming along and that the contractor was doing a really good job. Mr. Blankenship commented that they had had to cut out and replace the front gutter part that was bad, but had gotten a good deal.

Electric department:

Engineering consultant:

Director of Electric Utilities Kelly Hemphill commented that the engineering consultant would be here on October 19th.

Distribution:

Mr. Hemphill commented that line distribution was continuing their work on the FEMA project and stringing wire on project seven.

40 year service award:

Mr. Hemphill commented that Mr. Ernie Smith, Power Plant Superintendent, was in Topeka receiving his 40 year service award from the League of Kansas Municipalities.

Police Department:

Mentoring Day:

Police Chief Steve Holmes commented that the police department participates in the Disabilities Mentoring Day and that the Communications Supervisor was on their board.

Concert update:

Chief Holmes commented that they did not have any complaints from the rock concert this last weekend. Mayor Taylor commented that he had visited with a neighbor and they had had a good time. Chief Holmes stated that they had done a good job cleaning up afterwards.

Finance Department:

Sales tax:

Finance Director Diana Garten stated that sales tax was down again in September about $6,000 over last year and down $12,000 for the year due to the economy. Ms. Garten pointed out a chart with additional information that showed a steady increase over the last four years. Ms. Garten stated that we were not down that much and that we were above 2007. Ms. Garten pointed out a monthly chart and commented that monthly figures were a timing difference. Ms. Garten explained that this was due to a new ruling that requires a large number of businesses to file electronically and the State was looking into this. Mayor Taylor commented that the year is what the year is.

Ms. Garten discussed guest tax revenue and explained that in 2006 the bed tax was increased by one percent.

Old Fashioned Christmas:

Ms. Garten commented that she was on the Old Fashioned Christmas committee and that it looks like the date for this will be November 21st.

Homecoming parade:

Chief Holmes informed the Commission that the High School Homecoming parade would be on October 16th at 1:30 p.m. and there would not have to be any detours as they would be coming onto Main Street at Fifth Street and going off at Second Street.

ADJOURN:

A motion by Commissioner Nystrom to adjourn. A second by Commissioner Hlavachick and the motion passed unanimously.

_______________________________
ERIC NYSTROM, Vice-Mayor
(SEAL)

ATTEST:

________________________________
LUANN KRAMER, City Clerk

11/02/09 City Commission Agenda

MONDAY

NOVEMBER 02, 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-October 19, 2009 Regular City Commission meeting

4. OPEN AGENDA

5. BUSINESS:

5.1 Consideration and Approval of Street Closures for 2009 Old Fashioned Christmas on November 21, 2009 – Brian Hoffman, Chamber Director

5.2 Consideration and Approval of Bid for Pad Mount Transformer at the New Holiday Inn Express – Jamie Huber, Distribution Superintendent

5.3 Consideration and Approval of Bid for Infrared Tube Heaters in New Fire Station – David Kramer, City Fire Chief; Brad Blankenship, Building Inspector

5.4 Consideration and Approval of Ordinance Amending Zoning on Parke Street – Ken Van Blaricum, City Attorney (ORDINANCE 0918)

6. REPORTS

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

7. ADJOURN

Friday, October 16, 2009

10/19/09-City Commission Agenda

MONDAY

OCTOBER 19, 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-October 05, 2009 Regular City Commission meeting

4. OPEN AGENDA

5. BUSINESS:

5.1 Consideration and Approval of Ordinance Adopting the International Building Code, 2006 Edition; and Providing for the Establishment of Permits and Fees – Ken Van Blaricum, City Attorney (ORDINANCE 0917)

5.2 Consideration and Approval of Resolution Authorizing the Use of Transient Guest Tax Funds for the Sunflower H2O Project – Ken Van Blaricum, City Attorney (RESOLUTION 101909)

6. REPORTS

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

7. ADJOURN

Tuesday, October 13, 2009

09/21/09 Approved City Comm. meeting minutes

MONDAY

SEPTEMBER 21, 2009

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

PRESENT: Jeff Taylor Mayor
Bill Hlavachick Commissioner
Eric Nystrom Commissioner
Willy Peltier Commissioner
Victor Graf Commissioner

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

CALL TO ORDER:

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

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

MINUTES:

A motion by Commissioner Nystrom to approve the minutes of the September 08, 2009 regular Commission meeting. The motion was seconded by Commissioner Peltier and carried with four approved votes and one abstain vote from Commissioner Hlavachick due to his absence from that meeting.

OPEN AGENDA:

Town Hall meeting:

Ms. Karen Detwiler asked when the town hall meeting was and where it would be held. Commissioner Nystrom commented that the town hall meeting was not a regular Commission meeting, but it was to be held Thursday at 7:00 p.m. at the Community Center.

BUSINESS:

CONSIDERATION AND APPROVAL OF USE OF CENTENNIAL PARK FOR LOCAL BAND CONCERT ON OCTOBER 3RD:

Mr. Dustin Cates informed the Commission that this event would involve a group of bands that would be entertainment for kids. Mr. Cates commented that Centennial Park was a good location due to the stage area. Mr. Cates added that this was a non-profit event and these were bands that have a common interest in getting together for fun. Mayor Taylor questioned what time this event would start and end. Mr. Cates stated that he had hoped for an all day event ending around 9:30 p.m. so that the bands could play for a decent amount of time, but so far he only had three bands signed up. Commissioner Peltier asked if it would start around noon. Mr. Cates stated that would be about right and that it may be later than that with only a few bands.

Mr. Cates commented that he had thought about other venues such as the Municipal Building, but there was a cost for that. Mayor Taylor asked Recreation Director Bruce Pinkall if the Municipal Building was available on October 3rd. Mr. Pinkall commented that he would have to check and see about the afternoon, but he knew that there was morning volleyball. Mayor Taylor asked how much it was to rent the Municipal Building. Mr. Pinkall stated that it was $10 per hour with a minimum of four hours. Mr. Cates commented that the Municipal Building would work also because there were restroom facilities there. It was mentioned that the tennis court restrooms would be open or there were also restrooms at Zerger Park.

Mr. Cates commented that he wanted to keep this simple. Commissioner Nystrom commented that we could work out something with them. Mr. Cates stated that he hoped that this would be a spring board for future events and the simpler the better. Mayor Taylor asked if 3:00 p.m. to dark would work for a time frame. Mr. Cates commented that would work.

A motion by Commissioner Peltier to approve the concert event from 3:00 p.m. to dark on October 3rd or to work out a deal in the Municipal Building with Mr. Pinkall. The motion was seconded by Commissioner Hlavachick and carried unanimously.

DISCUSSION ON SUNFLOWER H2O WATER STUDY:

Mr. Mark Watts addressed the Commission on behalf of the Sunflower H2O project and informed them that he was a representative of Barber County. Mr. Watts commented that Sunflower H2O started about four years ago by rural water districts coming to Barber County Development and informing them of water issues such as quality and quantity. Mr. Watts explained that Barber County Development went to other people in other neighborhoods to see if they had similar issues and they found out that the issues spread to a larger territory than first thought. Mr. Watts explained that Barber County Development took this project to Sunflower R C & D and they agreed to take it on as a project, but they needed more local leadership to further the efforts.

Mr. Watts introduced Mr. Harold Kline and Mr. Steve Garten. Mr. Watts continued stating that Sunflower H2O was a drinking water project, but is also being considered for recreational potentials. Mr. Watts commented that this was something that they wanted to bring to the City of Pratt to see they could get a commitment.

Mr. Watts stated that the mission of the project was to provide a safe water supply and improve the quality of life and create a recreational resource. Mr. Watts commented that one thing that the State was talking about was a backup water supply in case a community had their water supply go down quickly.

Mr. Watts explained that Phase One was a nine county region and that twenty-six of the sixty-three public water supplies responded and sixteen of those were in Kansas and ten were in Oklahoma. Mayor Taylor questioned if it helped if more rural water districts respond to things like this. Mr. Watts stated that it did.

Mr. Watts explained the information that had been received by the City of Pratt in that their population was 6,450 and that one concern was well field protection. Mr. Watts added that long term issues in water assessments included opportunity for growth, total dependency on groundwater resource and no emergency resource.

Mr. Kline showed one of the possible reservoir locations that would provide surface water and commented that everyone was now getting water out of wells. Mr. Kline commented that the primary source would be a lake on Elm Creek that would be about 2,000 acres and it would be an excellent recreational resource as well as the water being the same as we are pumping now. Mr. Kline stated that this may not be the only source due to the distance to some of the people in Oklahoma. Mr. Kline added that Turkey Creek, up by Sun City, was also the same water and could be a source for water for this water district. Commissioner Peltier asked if Lake Arrowhead and Ninety-nine Springs were part of this circle. Mr. Kline stated that they were. Mr. Kline stated that Lake Arrowhead was a potential source, but that it did not have a big enough flow.

Commissioner Peltier asked if everyone was enthusiastic about this happening, when it would actually happen. Mr. Watts commented that it takes a long time on water projects and could be up to ten to twelve years. Mr. Steve Garten added that the Corp of Engineers had told them that it might be two or three years before they would get involved, but they are now contributing $100,000.

Mr. Watts commented that there was funding for future efforts such as the Corp of Engineers, Kansas Water Office, Oklahoma Water Resource Board and Sunflower. Mr. Watts explained that the Corp of Engineers’ stimulus money has been able to move dirt ready type projects through the system and that was why they contacted Sunflower and asked if they could match their funding towards the Phase Two study. Mr. Watts stated that they then went to the Kansas and Oklahoma Resource Boards to let them know that the Corp of Engineers had given $100,000 and wanted to know if they could match that. Mr. Watts commented that Oklahoma committed $100,000 quickly and the State of Kansas was committed as a reservoir supporter, but no dollar amount yet.

Mr. Watts commented that the proposed activities for Phase Two would be where the Corp of Engineers would tell Sunflower to begin the study. Mr. Watts added that they would identify the ground water and that performing the fatal flaw study was very important. Mr. Watts commented that you would need to evaluate regulation opportunities, prepare a conceptual design, prepare a preliminary cost estimate on the conceptual design, analyze the cost feasibility and pursue funding opportunities.

Mr. Howard asked about a treatment plant at the reservoir and also if the distribution system to the different Cities would come from that treatment plant. Mr. Watts stated there would be a treatment plant and Sunflower would be a wholesale water district. Mr. Watts explained that their job would be to deliver to a certain point, but it would be the City’s responsibility on how they deliver it. Mr. Howard asked Mr. Watts if he would consider us as an investor. Mr. Watts stated that he would. Commissioner Peltier asked if someone that was not involved in the project would have the right to buy water. Mr. Watts commented that the engineers designed this for the willing participants, but another point was that the rule with water in Kansas is that if you have a need for water, you will receive it.

Commissioner Peltier asked who gets the money if this project makes money. Mr. Watts stated that it would be the public water supply and added that this would be a non-profit group, but you have to account for upgrades and repairs. Mr. Watts commented that the approximate cost at this time was $375,000 and that depends on what the Corp of Engineers puts into the scope of the study. Mr. Watts added that Sunflower was pushing the Corp of Engineers to put everything possible into Phase Two.

Mr. Watts reviewed the commitments of Kingman, Barber, Harper and Woods Counties and those non-committed Counties of Pratt, Kiowa, Comanche, Alfalfa and Grant. Mr. Watts commented that the Cities of Harper, Anthony, Argonia and Norwich are at the point of having to consider a reverse osmosis water treatment system or another alternate plan. Mr. Watts stated that he understood that the State would not pay for four individual reverse osmosis water treatment systems.

Mr. Watts commented on the letter from Ms. Sue Haslett, Corp of Engineers, who has been designated to Sunflower H2O as the project director. Mr. Watts pointed out that Ms. Haslett had a lot of ‘if’s’ in her letter, but that was what Phase Two would tell us and to see if we meet all the environmental needs. Mr. Watts also pointed out that she also states that the Corp of Engineers would support a reservoir. City Manager Howard asked what would be on the list of fatal flaws besides environmental. Mr. Kline stated that there were a couple of oil wells that would have to be plugged and a concern with Elm Creek that is not a fatal flaw, but would have to dealt with. Mr. Kline explained that a fatal flaw would be if they looked at the dam site and there was no bottom to it.

Mr. Watts commented that what follows Phase Two would be additional funding, obtaining land, preparing construction drawings and constructing the project. Mr. Watts added that permits would also have to be obtained.

Mr. Watts stated that the benefits to the City of Pratt would be a back-up water supply, ownership and recreational opportunities. Mr. Garten added that the State recommends a different source other your own.

Mr. Watts stated that the commitment being asked for would be to charge $.50 a meter per month for three years and that some are paying that all up front and some are paying a year at a time. Commissioner Peltier asked if everyone would be paying the same or if the bigger Cities would pay more and if there was a bottom dollar. Mr. Watts stated that there was not a bottom dollar and they were trying to make it fair by using the number of water meters. Commissioner Peltier commented that Pratt would be paying more than several others put together. City Manager Howard commented that Pratt’s commitment would be around $56,000 for the three years. Mr. Watts commented that it is a head type number and Pratt’s demand would be greater. Mayor Taylor commented that he had a concern about additional fees on the customers and questioned if it could come out of some other fund. Mr. Howard agreed that he was not in favor of charging each meter. Commissioner Nystrom asked if using the recreational aspect would qualify it for tourism funds. Finance Director Diana Garten stated that it could and Mr. Howard commented that he would visit with City Attorney Van Blaricum about it. Commissioner Hlavachick commented that he did not like the $.50 a meter, but did like the idea of a back-up water source. Commissioners Hlavachick and Nystrom commented that they were in support of the study, but they wanted to find a different way to fund it. Mayor Taylor commented that he was not for it earlier, but he was now. Commissioner Graf commented that he wanted to know how much the City would get stuck with every time and with this time being $56,000 would the next time be $100,000 and where it would end. Mr. Watts commented that it would depend on who was involved. Commissioner Peltier commented that once Phase Two was complete, we would know if the program was a go and what the costs would be and if they were feasible. Mr. Watts agreed. Mr. Howard questioned if the $375,000 included the grant money. Mr. Watts stated that it did not.

Commissioner Peltier asked what the chances were that this project happens. Mr. Watts stated that he did not know, but the support was there. Mr. Kline commented that to get the full grant they have to have $100,000 and they were at $86,500. Mr. Howard asked what happens if they collect over the $375,000. Mr. Garten stated that with the project being under Sunflower R C & D, it would go back to the investors. Commissioner Peltier commented that Pratt stands the most to gain if we run out of water and to have a recreational area so close by. Mr. Howard stated that the return would be better than the investment.

Commissioner Graf questioned why there was a deadline a couple of months ago and they keep coming back. Mr. Kline commented that there were time limits on the money committed by the Corp of Engineers. Mr. Watts added that they have to have the commitments to move the project forward and that they came back to give the Commission more information on the project.

A motion by Commissioner Hlavachick to participate in Phase Two of the water study and not to exceed $58,000 over a three year period. The motion was seconded by Commissioner Nystrom and carried with four approved votes and one opposed vote by Commissioner Graf.

Break:

The Commission and staff took a five minute break at 6:41 p.m. before resuming business.

CONSIDERATION AND APPROVAL OF THE PURCHASE OF ONE REPLACEMENT SUBSTATION BREAKER:

Director of Electric Utilities Kelly Hemphill informed the Commission that the substation was installed in 1964 and that a technician had recently recommended replacing the breaker. Mr. Hemphill commented that three bid requests had been sent out and two had been returned. Mr. Hemphill explained that Stanion Wholesale Electric had returned a bid including tax in the amount of $28,593.06 and a fifteen week lead time and Flatland Testing had returned a bid including tax for $27,763.41 and a fifteen week lead time. Mr. Hemphill added that Stanion Wholesale Electric received the 5% for local vendors making their bid $27,163.40.

Mr. Hemphill stated that his recommendation was to accept the bid from Stanion Wholesale Electric in the amount of $28,593.06. A motion by Commissioner Nystrom to approve the purchase of the substation breaker from Stanion Wholesale Electric in the amount not to exceed $28,593.06. The motion was seconded by Commissioner Peltier and approved unanimously.

CONSIDERATION AND APPROVAL OF ORDINANCE REQUESTING ANNEXATION OF LAND:

City Attorney Ken Van Blaricum commented that this was an ordinance annexing land that was acquired by the City from Pratt Well and McCoy & Lemon through Blake Himmelwright. Mr. Van Blaricum commented that both of the deals had been closed and the deeds had been filed.

Mr. Van Blaricum stated that since the City owns the property and it is contiguous to the City, the annexation can be done by ordinance. Mr. Van Blaricum added that the ordinance talks about surface interest and that the property had a complicated legal description. Mr. Van Blaricum commented that the ordinance would have to be published once in the local newspaper and a copy filed with the Register of Deeds for it to be a done deal.

The following Ordinance 0916 was then presented to the Commission for their approval: AN ORDINANCE ANNEXING LAND TO THE CITY OF PRATT, KANSAS. A motion by Commissioner Peltier approving Ordinance 0916 annexing land that was purchased by the City. The motion was seconded by Commissioner Hlavachick and carried unanimously.

CONSIDERATION AND APPROVAL OF RESOLUTION FOR A PUBLIC HEARING ON UNSAFE, DANGEROUS AND UNFIT STRUCTURE AT 517 S. HAMILTON:

City Attorney Van Blaricum commented that this was a resolution for the public hearing that was set for this evening at the August 3rd meeting. Mr. Van Blaricum explained that the resolution had been published twice and a certified copy of the resolution had been sent to the home owner, who was not present at this evening’s meeting.

A motion by Mayor Taylor to open the public hearing on the unsafe, dangerous and unfit structure at 517 South Hamilton. The motion was seconded by Commissioner Hlavachick and carried unanimously. No one in attendance wished to address the Commission on this structure. A motion by Mayor Taylor to close the public hearing. The motion was seconded by Commissioner Hlavachick and carried unanimously.

Mr. Van Blaricum stated that the Commission had determined that this structure was unsafe, dangerous and unfit and had been badly damaged by a fire. Commissioner Nystrom questioned if there would be a time frame put on the repair or removal of the structure. Mr. Van Blaricum commented that you have to give the owner reasonable time and he had set the time to begin October 1st and end November 1st.

The following Resolution 092109 was then presented to the Commission for their approval: RESOLUTION DECLARING STRUCTURE UNSAFE, DANGEROUS AND UNFIT PURSUANT TO K.S.A. 12-1750, et seq. AND PRATT MUNICIPAL CODE SECTION 8.08.010 et seq. A motion by Commissioner Nystrom to approve Resolution 092109 to remove the property at 517 South Hamilton no later than November 01, 2009. The motion was seconded by Commissioner Peltier and carried unanimously.

REPORTS:

Grant money for KDOT:

City Manager Howard commented that he had seen in the Hutchinson paper that KDOT had applied for an $87 ½ million grant for the project on the east side of Highway 54 and to tie on to the east side of the new piece. Mr. Howard stated that the bypass would not be far off if they get the money.

Executive Session Request:

City Attorney Van Blaricum requested an executive session at the end of the meeting to discuss attorney/client privilege to last twenty minutes. Mr. Van Blaricum stated that he anticipated action upon returning from the executive session.

Public Works:

Russell Rambat, Public Works Director, commented that the slurry seal project should get started on the southeast part of town around Thursday and last about two weeks.

Mr. Rambat commented that they were still waiting for the concrete guys on the curb and gutter project.

Mr. Rambat stated that the contractors were about done with the concrete pile. Commissioner Peltier asked if the City was going to sell any of it if someone wanted it. Mr. Rambat stated that at this point, it was going to be used for City use. City Manager Howard stated that he would recommend that we do not sell it.

Fire station:

Building Inspector Brad Blankenship commented that the work being done on the fire station was moving along and that the concrete was being done on the inside. Commissioner Nystrom asked about when it would be closed in. Mr. Blankenship commented that it should be the end of October and then they would go to Phase 2.

Electric departments:

Director of Electric Utilities Hemphill commented that the Line Department would be finishing up work in the alley on Cambridge Drive and then move to the alleys on Stout Street and Lawrence Street.

Mr. Hemphill commented that the employees at the Power Plant were catching up on things that were put aside while they worked on the engines. Mr. Hemphill explained that the cylinder parts should be here by the end of the month and then an engineer would be here in three to four weeks, but there were several things that would have to come into place.

Service award:

Mr. Ernie Smith informed the Commission that he would be going to Topeka to be honored for his forty years of service with the City. Mr. Smith stated that he would receive a plaque at the luncheon put on by the League of Kansas Municipalities. The Commission thanked Mr. Smith for his many years of service.

INCODE training:

City Clerk Kramer commented that she had attended an INCODE training last week in Pratt with Ms. Lynn Brown. Ms. Kramer stated that they had received a lot of new information that would help the Utility Department with their daily procedures.

Town Hall meeting:

Commissioner Nystrom commented that he would be holding a town hall meeting Thursday at 7:00 p.m. at the Community Center and this would be a time where concerned citizens could ask about anything they wanted. Mayor Taylor questioned the City Attorney about the other Commissioners attending the meeting. Mr. Van Blaricum commented that they would be attending as a member of the public and that should not be a problem. Commissioner Nystrom repeated that this was not a Commission meeting.

Playground equipment at Hampton-Pennock Park:

Commissioner Hlavachick commented that he had been asked about playground equipment in the park at the north end of town. Public Works Director Rambat commented that the Parks Department budgets for park improvements each year and that Gebhart Park was next on the list. Mr. Rambat added that he would have Mr. Eckhoff schedule that in and that there was also money in capital improvements for this type of purchase.

Commissioner Peltier questioned if the City owned Hampton-Pennock Park. Mr. Rambat stated that we did. Mayor Taylor explained that the park had been given to the City.

Recreation Director Pinkall commented that the playground equipment at the Green Sports Complex cost around $90,000 and that was without the gazebo.

EXECUTIVE SESSION:

A motion by Mayor Taylor to go into executive session to discuss attorney/client privilege to last twenty minutes and with the possibility of action upon returning. The motion was seconded by Commissioner Nystrom and carried unanimously.

A motion by Mayor Taylor to return from executive session with nothing to report. The motion was seconded by Commissioner Hlavachick and carried unanimously.

Petition validity:

A motion by Commissioner Nystrom asking the City Attorney Ken Van Blaricum to file in District Court for the validity of the petition on the extension of Maple Street from Parkway Avenue to a point where it would intersect with Kansas Highway 61. The motion was seconded by Commissioner Peltier and carried with four approved votes and one opposed vote by Commissioner Graf.

ADJOURN:

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

________________________________
JEFF TAYLOR, Mayor


(SEAL)

ATTEST:

________________________________
LUANN KRAMER, City Clerk

Thursday, October 1, 2009

10/05/2009 City Commission Agenda

MONDAY

OCTOBER 05, 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-September 21, 2009 Regular City Commission meeting

4. OPEN AGENDA

5. BUSINESS:

5.1 Reading of Proclamation for ‘Disability Mentoring Day’ on October 20, 2009 – Mayor Taylor

5.2 Consideration and Approval of Tennis Court Improvements using Travel and Tourism Funds – Bruce Pinkall, Recreation Director

6. REPORTS

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

7. ADJOURN