Tuesday, November 17, 2009

11/02/09 Approved City Commission minutes

MONDAY

NOVEMBER 02, 2009

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

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

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

CALL TO ORDER:

Mayor Taylor called the regular meeting to order. The Mayor instructed the Clerk to note that all Commissioners were present with the exception of Commissioner Hlavachick.

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

MINUTES:

A motion by Commissioner Nystrom to approve the minutes of the October 19, 2009 regular meeting. The motion was seconded by Commissioner Graf.

Mayor Taylor commented that City Clerk Kramer had found in a publication about minute taking that you can vote on minutes even if you were absent and questioned City Attorney Van Blaricum if that was correct. Mr. Van Blaricum commented that he did not know if that was correct, but he would have to research that. City Manager Howard commented that he was told that by one of the KMEA attorney’s also.

After little more discussion, Mayor Taylor called for a vote and the motion on the approval of the October 19, 2009 minutes passed unanimously.

OPEN AGENDA:

Comments on Maple Street:

• El Barnes 592 Terrace Drive

Ms. El Barnes addressed the Commission on her concerns for her neighborhood if Maple Street was extended. Ms. Barnes commented that Maple Street would be a well traveled highway and would change her quiet neighborhood. Ms. Barnes added that she was not in favor of the extension and others were not either. Ms. Barnes stated that she felt blessed to be living in Pratt and on Terrace Drive, so she asked the Commission to save her neighborhood by not opening up Maple Street, but to provide a way to go around. Ms. Barnes stated that this would open up an area to a host of problems that they have not had to deal with before. Ms. Barnes commented that there were twenty-four garage doors that would have to open for twenty-four cars to back out onto Maple Street into the traffic and that was not going to be nice. Ms. Barnes repeated that she wanted the Commission to protect her neighborhood and to please find a way to go around.

• Gayle Thompson:

Ms. Gayle Thompson asked the Commission to please make a motion to bring Maple Street to a vote. Ms. Thompson commented that at the first meeting she had attended, they were told that there was an overwhelming amount of people in favor of the extension and if that were the case, the Commission should have nothing to fear. Ms. Thompson stated that the people should be able to vote on a project that would cost millions of dollars. Mayor Taylor asked where she had gotten her information. Ms Thompson stated that the cost was $3 million or higher and $1 million was for the road. Mayor Taylor clarified that that was the cost for all infrastructure. Ms. Thompson stated that it seemed right to bring this to a citizens vote and she would appreciate a motion to that effect.

A motion by Commissioner Graf to let the people vote on Maple Street. With no second, Mayor Taylor stated that the motion died for lack of a second.

• Karen Detwiler

Ms. Karen Detwiler stated that a number of people wanted to have information on the City Manager’s salary. Mayor Taylor questioned what information they wanted. Ms. Detwiler repeated that it was the salary. Mayor Taylor began to inform Ms. Detwiler that she could come into City Hall anytime to receive that information, but City Manager Howard stated that he did not mind letting them know his salary in an open meeting. Mayor Taylor stated that that was fine. City Manager Howard stated that his salary was $112,000. Ms. Detwiler asked if that included benefits. Mr. Howard answered that it did not and he did not know what that would be. Commissioner Peltier asked why that was relevant. Ms. Detwiler commented that it was not printed in the paper. Mr. Howard stated that he had disclosed it repeatedly and that it was not a secret.

• Wanda Richardson

Ms. Wanda Richardson questioned why the Commission would not let the people vote. Ms. Richardson commented that there is one Commissioner that wants it done and three that ignore it. Commissioner Nystrom commented that the State of Kansas made the determination that the Government Body votes on certain ordinances and requirements and this was one area that was not voted on by the people. Commissioner Nystrom added that this was an administrative issue not voted on by the public and does not require a tax increase so it would not affect taxes or the mill levy. Commissioner Nystrom questioned if this was put to a vote, where would we stop this type of behavior and how far do we take it. Commissioner Nystrom added that the slurry seal and overlay projects are million dollar jobs and we do not have a special election for those projects.

Mayor Taylor stated that the people had voted for this project when they voted for the Commission and they were elected to do administrative duties and this was an important project. Mayor Taylor added that the road was important, but he was not in favor of the City getting involved in the development of the land. Mayor Taylor commented that this road opens up an avenue in and out of the community and there is one commercial lot to be sold out of that parcel that would pay for other purchases. Mayor Taylor stated that the City needs a new development area and, contrary to what had been written, there are houses for sale in town, but some people are not willing to buy those and want to build. Mayor Taylor commented that he has heard overwhelming support for the project and he would welcome anyone to have a one on one conversation with him or do it in this type of forum. Mayor Taylor explained that he felt that this was in the best interest of the community and that this project did not happen twenty-five years ago possibly because the Commission was not willing to take a little heat and there has been a lot of heat. Mayor Taylor added that he appreciates the people who come to the meetings, but he feels that the Commission represents a majority of the community at this point.

Commissioner Peltier stated that he was for progress and that he had spent over a hundred hours studying this type of situation and there was no good place to build in Pratt. Commissioner Peltier added that he was for opening Maple Street and for the development and although he was not on the Commission at the time, Fincham Street was almost the same and had not been put up for a vote.

• Dennis Thimesch

Mr. Dennis Thimesch stated that he was one that was carrying a petition and he had been in all directions and there was a demanding bunch of people that signed the petition. Mr. Thimesch commented that he had visited with Commissioner Graf about the project. Mr. Thimesch stated that he had been at the meeting with Commissioner Nystrom and he had stated that there were ten items in the book he had and number three was this project in 1999. Mr. Thimesch asked if the lady that asked for that information had received it. Commissioner Nystrom stated that she worked with his wife and she did get the information. Mr. Thimesch ended his statement asking the Commission to let the people vote on this issue.

• El Barnes

Ms. Barnes addressed the Commission again letting them know that her neighborhood has become acquainted and work together and if a highway goes through, it would interrupt the neighborhood. Ms. Barnes stated that this was not a good idea and the Commission did not live there and she does. Ms. Barnes added that she has a very nice home and she was angry about getting her neighborhood cut in two and that the project was a wicked thing to do. Commissioner Peltier commented that he had heard that they were going to do something to widen Maple Street and that was not true. Commissioner Peltier added that they were not doing anything to Maple Street as it is now. Ms. Barnes asked the Commission to see if it was possible to go around her neighborhood and added that she had been involved in a number of places and they did not go through a neighborhood.

• Karen Detwiler

Ms. Detwiler commented that three times in recent weeks it had been mentioned that she had voted for Fincham Street. Ms. Detwiler stated that she wanted to remind the Commission of the reason they (**-see NOTE below) extended Maple Street and connected it and pointed out to Commissioner Peltier that he was much mistaken in that it was not the same length by a long way. Commissioner Peltier commented that he had heard that it was. Ms. Detwiler stated that he had heard wrong and that Commissioner Peltier should go down and drive it and that it stopped at Wal-Mart. Commissioner Nystrom stated that it was within about 200’ and he had the engineering specs that show that clearly. Ms. Detwiler commented that she drives it every day and Fincham Street is less than six blocks total and that it goes from the highway to Sixth Street and that is half a mile. Commissioner Nystrom agreed. Ms. Detwiler stated that where Maple Street starts and winds around to Highway 61would be longer than six blocks and in addition part of that street was already there because Wal-Mart built it clear to the end of their property. Ms. Detwiler added that all the City did was connect where Wal-Mart stopped and take it on to Sixth Street, which was probably about four blocks. Mayor Taylor asked if Ms. Detwiler had a point. Ms. Detwiler stated that the point was the reason it was connected was a safety issue and that they were concerned that if the tornado siren went off there would be too much traffic for a narrow street to handle and this gave them another out. Mayor Taylor stated that that was not the entire reason it was done and that it was done to develop the land that sits along that area along with other issues. Ms. Detwiler commented that Mayor Taylor had opened up another good point in that Commissioner Peltier had stated that there were not any lots to build on, so she questioned the development of all those lots on Fincham Street.

** NOTE: Clerk listened to the audio tape and Ms. Detwiler stated ‘Maple Street’ not ‘Fincham Street’.)

• Gloria Marsh

Ms. Gloria Marsh, who lives three houses off of Maple Street, asked the Commission why they have to open Maple Street up. Ms. Marsh asked why you could not come in from Highway 61 and build cul-de-sacs and not mess with Maple Street. Mayor Taylor commented that it could be done, but we think that the extension is the best thing to do and a lot of people go to the college who could take that avenue there. Mayor Taylor explained that you have to take the whole City into consideration and break it into quadrants and not everyone would go out on Maple Street. Ms. Marsh commented that she goes around the cemetery and it had been that way for years.

Zoning issue:

Mr. Marvin Proctor addressed the Commission on the Parke Street zoning issue that was an agenda item. Mr. Proctor commented that this had gone before the Zoning Commission and they had approved this property as commercial. Mr. Proctor stated that he did not feel that the Commission had adequately heard their objections or their options. Mr. Proctor added that he was not opposed to a vet clinic, but he was opposed to zoning it highway service, because you do not know what could come in if the clinic would close. Mr. Proctor stated that he felt that the City was unbiased in their presentation and it was misleading. Mr. Proctor added that he felt that the City was in favor of this and influenced the Zoning Commission. Mr. Proctor commented that there were statements that were made that were false about where the property lies.

Mr. Proctor stated that there were better uses for that property such as a multi-family dwelling rather than a single family dwelling. Mr. Proctor repeated that he was concerned about the highway service and things that could come in there. Mr. Proctor commented that it was implied that this property already bordered highway service and that includes the vacated street and that was no longer a barrier between them, but there is a green belt between them that was not considered. Mayor Taylor asked how much area was involved. City Manager Howard commented that this was on the agenda and they do have a map of that area. Mayor Taylor asked if Mr. Proctor could stay until that item came up on the agenda and this would be discussed further. Mr. Proctor agreed.

BUSINESS:

CONSIDERATION AND APPROVAL OF STREET CLOSURES FOR 2009 OLD FASHIONED CHRISTMAS ON NOVEMBER 21, 2009:

Chamber Director Brian Hoffman addressed the Commission concerning street closures for the Old Fashioned Christmas and that they would be the same as the last few years. Mr. Hoffman pointed out the closures on the map and informed the Commission that the event would be from 12:30 p.m. to 7:00 p.m. Mr. Hoffman commented that the fire department would provide lighting after dark for safety issues and that there would be inflatable’s for the kids this year. Mr. Hoffman added that there had been great attendance and community support in the past and that he would be contacting the businesses in that area. A motion by Commissioner Nystrom to approve the street closures for the 2009 Old Fashioned Christmas on November 21st from 2:00 p.m. to 7:00 p.m. The motion was seconded by Commissioner Peltier and carried unanimously.

CONSIDERATION AND APPROVAL OF BID FOR PAD MOUNT TRANSFORMER AT THE NEW HOLIDAY INN EXPRESS:

Director of Electric Utilities Kelly Hemphill informed the Commission that they had sent out three quotes for the transformer for the Holiday Inn and three had been returned. Mr. Hemphill reviewed the quotes with the Commission, which were Stanion Wholesale Electric at $16,994, Kriz-Davis Co. at $22,895, and Solomon Corporation at $15,415 and explained that the original quote had stated that this was for a new transformer. Mr. Hemphill stated that Solomon Corporation had bid on a remanufactured transformer and with that many watts being consumed all the time, he was rejecting the Solomon Corporation bid since it was for a remanufactured transformer when it was specified that we were asking for a new transformer. Mr. Hemphill recommended that the Commission approve the bid from Stanion Wholesale Electric in the amount of $16,994 due to the loss and the price being less than the other bid. Mayor Taylor questioned if it had anything to do with the local 5%. Mr. Hemphill stated that it did not. A motion by Commissioner Peltier to accept the Stanion Wholesale Electric bid in the amount of $16,994 for one pad mount transformer. The motion was seconded by Commissioner Graf and carried unanimously.

CONSIDERATION AND APPROVAL OF BID FOR INFRARED TUBE HEATERS IN NEW FIRE STATION:

Building Inspector Brad Blankenship commented to the Commission that this was a bid for an upgrade for the new fire station and the bay area needs heating before the trucks could be moved over. Mr. Blankenship explained that infrared tube heating was the way to go instead of forced air, because you do not have to have return air. Mr. Blankenship added that the infrared tube heaters are highly efficient.

Mr. Blankenship informed the Commission that four quotes had been sent out and three had been returned. Mr. Blankenship explained that the quote had asked for a Schwank Whisper Tube 80,000 or a Superior 80,000, which were the top brands for tube heaters. Mr. Blankenship commented that with the bay doors down, the heaters would not fire up all the time, so there would be a lower demand. Mr. Blankenship reviewed the quotes with the Commission with Adam’s Electric bringing in a bid of $11,399, M & F Heating with a bid for $13,875, and C & J Heating’s bid was $19,745. Mr. Blankenship recommended the low bid from Adam’s Electric in the amount of $11,399. City Manager Dave Howard commented that $100,000 had been budgeted for this project along with the $60,000 from the antenna lease. A motion by Commissioner Peltier to approve the bid from Adam’s Electric in the amount of $11,399 for the tube heaters. The motion was seconded by Commissioner Nystrom and carried unanimously.

Commissioner Peltier questioned if there would be a need for air conditioning later. Mr. Blankenship stated that there was a seven ton unit from JC Food’s, but it would not make it sixty-five degrees and that there would not be any air conditioning in the bay area. Commissioner Peltier asked about any of the other areas. Mr. Blankenship commented that there would be air conditioning in office areas.

CONSIDERATION AND APPROVAL OF ORDINANCE AMENDING ZONING ON PARKE STREET:

Commissioner Peltier questioned if this was basic tenure for the Zoning Commission. City Manager Howard commented that the Commission had been given the unapproved minutes from their meeting and that the way it works was that anybody who owns property in Pratt can submit for a zoning change. Mr. Howard stated that the Planning & Zoning Commission look at different criteria and the reason they had given this consideration and passed it was that it borders existing highway service district areas. Mr. Howard added that there was a vacant street, but that it was not taken into consideration as a barrier.

City Attorney Van Blaricum stated that an application by the property owner had been submitted to the Zoning Commission and that the property was south of the highway. Mr. Van Blaricum commented that the owner was requesting the property go from ‘R-2, Single Family Residential Dwelling District’ to ‘C-S, Highway Service District’. Mr. Van Blaricum explained that the owner had come before the Planning Commission and they had approved the application. Mr. Van Blaricum stated that the Commission can approve the recommendation of the Planning & Zoning Commission, reject that application or send it back to the Planning Commission.

Mr. Howard commented that there had been a public hearing and specific notification had been given to the property owners in that area. Mr. Proctor, who had spoken in open agenda, commented that it had been approved with a three to one vote and one abstained vote by Mr. Kenny Gates. Mayor Taylor commented that he would like to see the lots that were involved. Mr. Howard pointed out the area on the map. Building Inspector Blankenship explained that this area was 8’ of Lot 9 and all of lots 10, 11 & 12. Mr. Howard added that there are other general commercial areas here. Commissioner Peltier asked what was on lot 8. Mr. Blankenship commented that there was a house and both owners were at this meeting. Mayor Taylor questioned why it should be zoned Highway Service District and not another category. Commissioner Peltier commented that that was the less of three evils. Mr. Howard agreed and added that industrial would not be the proper zoning. Commissioner Peltier asked about the zoning for lots 7, 8 &9. Mr. Howard stated that they were already zoned Highway Service District and that the other side of the street was vacant. Commissioner Peltier asked what it was zoned. Mr. Blankenship commented that it was General Commercial.

Mr. Proctor questioned if there could be a possible variance and added that he was not opposed to the vet clinic, but what could come after that. City Attorney Van Blaricum commented that it might be possible and that it would have to go back to the Zoning Commission. Mr. Howard added that he would have to read up on variances, but there were certain items that have to be considered. Owner of the property, Ms. Deb Withers commented that part of Lot 9 was not on the petition and that this was going to be a vet hospital not a tool shop. Mayor Taylor questioned if they could do a provisional type of zoning where it would have to come back to the Zoning Commission if the vet clinic was no longer there. Commissioner Peltier commented that it would be hard to get back. Mr. Van Blaricum commented that he did not have the answer to that, but they could send this back to the Planning Commission.

Commissioner Nystrom questioned why Mr. Gates had abstained. Mr. Van Blaricum stated that the chairman of that Commission does not vote unless to break a tie. Ms. Jama Hommertzheim commented that she felt the same way as Mr. Proctor and was not against the vet clinic, but did not want to open the door to commercial and lose control. Commissioner Nystrom asked what ‘General’ meant. Mr. Howard stated that it had the same uses as allowed in Highway Service District. Commissioner Peltier asked if the stuff across the street was more restrictive. Mr. Howard commented that there were seventy five uses in that zoning and fifty-two in the other, which would include tire repair shops, laundries, and sheet metal shops. Mayor Taylor commented that he would like to see the Planning Commission research the ideas that had been thrown out. Mr. Howard commented that they had tried to find a different zoning, but there were not a lot of choices in this instance.

Commissioner Peltier asked what type of hardship it would cause if the owner had to wait for a decision. Dr. Pam Withers asked how long the wait would be. Mr. Howard stated that the next Planning meeting would be on the 19th. Mr. Van Blaricum commented that he would recommend something to the Commission then. Commissioner Peltier commented that he did not think that the owner would sell out to a body shop. Commissioner Nystrom commented that the issue across the street makes this a unique situation also. Commissioner Peltier commented that there were a lot more things that could go in across the street. Commissioner Nystrom commented that this gives the Planning and Zoning Commission something to look at. Mr. Van Blaricum commented that they would consider the variance or other options. Commissioner Nystrom questioned if the City Commissioners had to approve a variance. Mr. Howard stated that they did not. Mayor Taylor stated that this agenda item would be tabled so that the City Attorney could explore other provisions on limited zoning or a variance and send this back to the Planning and Zoning Commission with instructions to go with what the City Attorney finds.

REPORTS:

City Manager:

• KMEA Meeting:

Mr. Howard commented that he was on the Executive Board for KMEA and that he would be at a meeting Tuesday and Wednesday. Mr. Howard stated that one of the biggest issues would be the cap and trade issue, which involves all electrical State agencies and could mean higher prices. Mr. Howard added that this was not just a local issue, but it was a national issue.

• Emergency Management Meeting:

Mr. Howard commented that there was an Emergency Management meeting on November 10th to discuss winter safety. Mr. Howard stated that the City was going to participate to discuss electricity and roads and what to do in a snow emergency.

• Letter from Susan Page:

Mr. Howard stated that the Commission should have gotten a letter from Ms. Susan Page at PRMC about a meeting there tonight at 6:45 p.m. and he was planning on attending.

Public Works:

• Curb & Gutter:

Public Works Director Russell Rambat commented that the curb and gutter project was done.

• Lemon’s Park entrance:

Mr. Rambat commented that the street department was going to fill in the ditches at the Lemon’s Park entrance and they would get grass planted there next spring.

• Slurry Seal project:

Mr. Rambat informed the Commission that the slurry seal project was finally complete. Mr. Rambat stated that the weather had delayed the project for about a month and that they would be finishing up the paper work soon.

• Christmas Downtown:

Mr. Rambat stated that his crews were working on the getting ready for the Christmas season. Mayor Taylor commented that he had seen some of the staff working on Christmas decorations today.

Electric Department:

• Work on Main Street:

Director of Electric Utilities Kelly Hemphill stated that line distribution had been working on the east side of Main Street replacing Christmas lights. Mr. Hemphill commented that they would only be doing this in the 100 block of South Main Street this year and that the parking spaces should open up shortly.

• Cylinder Heads:

Mr. Hemphill stated that the technician was here to test the cylinder heads and that the engine was running a thirty hour test. Mr. Hemphill informed the Commission that they had found that three cylinders had scratches on them, but they were doing fine. Mr. Hemphill added that Fairbanks Morse will do a balance procedure once this test was complete and the insurance company had requested that they also do vibration tests.

Power Plant Superintendent Ernie Smith informed the Commission that they were about ten hours into the thirty hour run. City Manager Howard commented that they were actually generating now.

Finance:

• Sales tax for October:

Finance Director Diana Garten informed the Commission that sales tax for October was down about $8,000 from last year and for 2009 was down about $20,000. Ms. Garten added that we were up over 2007 by about $50,000 and that 2008 was an exceptional year. Ms. Garten commented that there had been a steady increase over the last three months, so things were getting better.

Congratulations to employees:

Mayor Taylor asked that congratulations go out to Mr. Aaron Blasi from line distribution on his accomplishment in taking first in the pole climbing category at the lineman rodeo during the KMU workshop.

Mayor Taylor also congratulated Mr. Louis Bale and Mr. Dwayne West on receiving training in snow and ice control.

Tourism funds question:

Mayor Taylor commented that he had been approached by someone from another community and they wanted to know how we were able to spend money from the Tourism fund. Mayor Taylor stated that he knew we have a committee and the City has permission to use those funds as we see fit based on the fact that it is for an allowable expenditure. Mayor Taylor added that this community does not have a very active committee, but they are there for small requests.

City Attorney Ken Van Blaricum stated that the City is bound to our own ordinance and it defines what we can do. Mr. Van Blaricum added that the resolution passed at the last meeting involving the water project confirms what we are doing with those funds. Mr. Van Blaricum commented that this community may be operating under the State ordinance, but he would look into it. Mr. Howard commented that they may not have home ruled out.

ADJOURN:

A motion by Commissioner Peltier to adjourn. The motion was seconded by Commissioner Graf and carried unanimously.


__________________________________
JEFF TAYLOR, Mayor


(SEAL)

ATTEST:

_____________________________________
LUANN KRAMER, City Clerk

Monday, November 16, 2009

11/16 City Commission Agenda

MONDAY

NOVEMBER 16, 2009

PRATT CITY COMMISSION – REGULAR COMMISSION MEETING

COMMISSION ROOM – 5:00 P.M.

1. CALL TO ORDER (Remind audience that meeting is being recorded and/or taped.)

2. ROLL CALL

3. MINUTES-November 02, 2009 Regular City Commission meeting

4. OPEN AGENDA

5. BUSINESS:

5.1 Presentation of 2009 Capacity Development Achievement Award to Kelvin Clay, Water Superintendent – Allen Guernsey, Kansas Dept. of Health & Environment

5.2 Recognition of Dennis Cox, Lineman Crew Chief, for Receiving the 2009 Daryle Nielsen Distinguished Service Award – Kelly Hemphill, Dir. of Electric Utilities

5.3 Presentation of Service Awards to City Employees – Mayor Taylor and Commission

5.4 Consideration and Approval of Appointments to the Recreation Advisory Board – Bruce Pinkall, Recreation Director

5.5 Update on the Green Sports Complex and Discussion on Bleacher Covers – Bruce Pinkall, Recreation Director

5.6 Consideration and Approval of Low Bid for 1 Replacement Indoor Magne Blast Breaker – Kelly Hemphill, Dir. of Electric Utilities

5.7 Consideration and Approval of Ordinance Annexing Property East of Green Sports Complex to the City of Pratt – Ken Van Blaricum, City Attorney(ORDINANCE 0918)

5.8 Consideration and Approval of Ordinance Annexing a Portion of Fincham Street to the City of Pratt – Ken Van Blaricum, City Attorney (ORDINANCE 0919)

5.9 Consideration and Approval of Resolution Exempting the City from the Requirements of K.S.A. 75-1120a(a) – Ken Van Blaricum, City Attorney

6. REPORTS

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

7. ADJOURN

Friday, November 6, 2009

10/19/09-Approved City Commission minutes

MONDAY

OCTOBER 19, 2009

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

PRESENT: Eric Nystrom Vice-Mayor
Bill Hlavachick Commissioner
Willy Peltier Commissioner
Victor Graf Commissioner

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

CALL TO ORDER:

Vice-Mayor Nystrom called the meeting to order. The Vice-Mayor instructed the Clerk to note that all Commissioners were present with the exception of Mayor Taylor who was ill.

Vice-Mayor Nystrom informed the audience that the meeting may be taped and/or recorded.

MINUTES:

A motion by Commissioner Hlavachick to approve the minutes of the regular Commission meeting on October 05, 2009. The motion was seconded by Commissioner Graf and carried with three approved votes and one abstained vote by Commissioner Peltier.

OPEN AGENDA:

No one in the audience wished to address the Commission.

BUSINESS:

CONSIDERATION AND APPROVAL OF ORDINANCE ADOPTING THE INTERNATIONAL BUILDING CODE, 2006 EDITION; AND PROVIDING FOR THE ESTABLISHMENT OF PERMITS AND FEES:

City Attorney Ken Van Blaricum commented that it had been several years since the City had adopted a new code and that was the 1997 building code. Mr. Van Blaricum stated that this ordinance would adopt the 2006 Edition and was the one that most contractors were familiar with. Mr. Van Blaricum added that the fee schedules were in effect now and could be changed by resolution. Vice-Mayor Nystrom commented that it was a good idea to update and 2006 was a good compromise. Building Inspector Brad Blankenship commented that this needed to be updated from the UBC, which they do not make anymore.

The following Ordinance 0917 was then presented to the Commissioners for their approval: AN ORDINANCE AMENDING SECTIONS 15.04.010 AND 15.04.050 OF THE MUNICIPAL CODE OF THE CITY OF PRATT, KANSAS; PROVIDING FOR THE ADOPTION OF THE INTERNATIONAL BUILDING CODE, 2006 EDITION; AND PROVIDING FOR THE ESTABLISHMENT OF PERMITS AND FEES. A motion by Commissioner Peltier to accept Ordinance 0917. The motion was seconded by Commissioner Hlavachick and carried unanimously.

CONSIDERATION AND APPROVAL OF RESOLUTION AUTHORIZING THE USE OF TRANSIENT GUEST TAX FUNDS FOR THE SUNFLOWER H2O PROJECT:

City Attorney Ken Van Blaricum reminded the Commission that they had heard from the Sunflower H2O project members a couple of meetings ago and they had been here to ask for money to move on to Phase II of the project. Mr. Van Blaricum commented that the Commission had authorized further funding for Phase II if the funds would come from Travel and Tourism and not an extra charge per meter. Mr. Van Blaricum stated that this resolution states that it can be done and our ordinance states that the funds can be used to promote general economic welfare.

Vice-Mayor Nystrom questioned that the $58,000 figure is more than $.50 per meter over three years. City Manager Dave Howard stated that that is figured on the number of water meters, but the money would not come out of the water fund.

The following Resolution 101909 was then presented to the Commission for their approval: A RESOLUTION AUTHORIZING THE USE OF TRANSIENT GUEST TAX FUNDS FOR THE SUNFLOWER H2O PROJECT. A motion by Commissioner Hlavachick to approve Resolution 101909 authorizing $58,000 from the Transient Guest Tax fund over a three year span for Phase II of the Sunflower H2O project.

REPORTS:

Airport function:

City Manager Dave Howard reminded the Commission about the function at the airport tomorrow. Mr. Howard added that he had saved six spaces and it was from 3:00 p.m. to 6:00 p.m.

Lawsuit update:

City Attorney Ken Van Blaricum commented that the suit that had been filed concerning the petition on the Maple Street project had been heard on October 9, 2009. Mr. Van Blaricum stated that the District Court had found that the petition was not satisfactory. Mr. Van Blaricum commented that he would be glad to answer any questions about the lawsuit or any petition to stop the Maple Street extension.

Public Works:

Slurry Seal project:

Public Works Director Russell Rambat commented that the slurry seal project should finish up in the next couple of days and the cold rainy weather had slowed down their progress. Mr. Rambat reminded the Commission that Country Club Road was on their list and it was hard to get to.

Lemon’s Park drainage boxes:

Mr. Rambat stated that the boxes by Lemon’s Park had been poured, so the walkers walking down Pine Street would be able to walk over the tracks in the next couple of weeks. Commissioner Peltier commented that the work looks nice.

517 S. Hamilton:

Building Inspector Brad Blankenship commented that the owner of 517 South Hamilton had sent a letter to the City Manager and had relinquished the property over to the City. Mr. Van Blaricum commented that it was nice to have the letter in the file, but it was not legal. Mr. Van Blaricum stated that the owner does not object to what we are doing. Mr. Blankenship added that we are following the process.

Garden City incentive:

Vice-Mayor Nystrom commented that the Hutchinson News had reported that Garden City was offering an incentive for housing developers. Vice-Mayor Nystrom stated that he had visited with them and they have similar issues that Pratt has. Vice-Mayor Nystrom explained that they were offering $3,000 cash on completion of a home and they were forgiving fees and permits and also giving the land away to anyone that would develop on it. Vice-Mayor Nystrom added that they were desperate for development since the slump in 2000 caused their developers to move away. Vice-Mayor Nystrom added that Pratt was not doing anything unique.

Stanion open house:

Commissioner Hlavachick reminded everyone of the open house to be held at Stanion Wholesale Electric on Thursday from 4:00 pm to 6:00 pm.

ADJOURN:

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

__________________________
ERIC NYSTROM, Vice-Mayor


(SEAL)

ATTEST:

____________________________
LUANN KRAMER, City Clerk