Thursday, December 31, 2009

1/4/2010 City Commission Agenda

MONDAY

JANUARY 04, 2010

PRATT CITY COMMISSION – REGULAR COMMISSION MEETING

COMMISSION ROOM – 5:00 P.M.

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

2. ROLL CALL

3. MINUTES – December 21, 2009 Regular City Commission meeting

4. OPEN AGENDA

5. BUSINESS:

5.1 Consideration of the Use of a Facility by the Center Point Church (formerly Faith Chapel) – Pastor Barry Morris

5.2 Consideration and Approval of the Purchase of a New Police Vehicle Using 2009 Funds – Steve Holmes, Police Chief

5.3 Discussion on the Future Purchase of a New Sanitation Truck – Russell Rambat, Public Works Director

5.4 Consideration and Approval of the Purchase of a Thermal Imaging Camera – David Kramer, Fire Chief

5.5 Discussion on Ordinance 0903 Concerning the Smoking Hours Between 10:30 p.m. and 5:30 a.m. – Ken Van Blaricum, City Attorney; Mayor and Commission

6. REPORTS

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

7. ADJOURN

12/7/2009 Approved Commission Minutes

MONDAY

DECEMBER 07, 2009

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

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

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

CALL TO ORDER:

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

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

MINUTES:

A motion by Commissioner Nystrom to approve the minutes of the November 16, 2009 regular meeting. The motion was seconded by Commissioner Hlavachick and carried unanimously.

OPEN AGENDA:

No one in the audience wished to address the Commission.

BUSINESS:

CONSIDERATION AND APPROVAL OF RESOLUTION PERTAINING TO IRB’S FOR THE HOLIDAY INN EXPRESS:

City Manager Dave Howard introduced Ms. Sarah Steele with Gilmore and Bell and commented that she would be introducing Wilson Parmar’s information since he was not available. Ms. Steele commented that she had worked with the Parmar’s on pertaining Industrial Revenue Bonds to solely obtain a sales tax exemption certificate for their project. Ms. Steele stated that this was a unique transaction structure in that the company intends to purchase the IRB’s with proceeds from the loan that they have arranged with a local bank for the construction of the Holiday Inn Express. Ms. Steel explained that it was permissible under State law that they can purchase their own taxable IRB’s; which would be outstanding for a short amount of time to secure the tax exemption certificate.

Ms. Steele stated that there was a resolution for the Commission to consider that expresses the intent of issuing up to $5 ½ million in revenue bonds for the construction of the hotel. Ms. Steele explained that the resolution was currently an expression of intent and was subject to the preparation of the bond documents. Ms. Steele stated that they would be returning to the Commission at a later date with an ordinance that authorizes the issuance of the bonds, but the resolution this evening would allow them to get their sales tax exemption certificate so that they could begin construction.

Commissioner Peltier commented that there was no sales tax on labor on the new facility. Ms. Steele stated that was correct. Commissioner Peltier asked if the sales tax exemption was for approximately $2 ½ million in materials. Ms. Steele stated that was also correct, but it would also include furnishings. Commissioner Peltier questioned whether materials or furnishing were exempt if they were purchased in Missouri. Ms. Steele stated that she did not think that would be exempt, but it was an exemption throughout the State. City Manager Howard commented that if delivered here, it would be the destination sales tax of ¾ cents and that could be around $18,000 to $19,000 for the City. Ms. Steele explained that the Parmar’s would take the bank loan proceeds, buy the bonds that were being issued and use those bonds for construction.

Commissioner Nystrom questioned if the property tax abatement for ten years would apply since all the laws applicable to IRB’s apply. Ms. Steele stated that they were not seeking any type of property tax abatement, but she understood that there was a rebate program here. Mr. Howard commented that they had applied for that and he thought they had been accepted.

Commissioner Peltier asked what IRB’s were going for. Ms. Steele explained that when you are buying your own bonds, they are used to set a reasonable interest rate, which would be around 7%. Commissioner Nystrom asked if Ms. Steele could tell him how much the closing cost on something like this was. Ms. Steele stated that their fee was around $22,000 and that was going to be the primary expense.

Commissioner Nystrom commented that he knew why the Parmar’s were doing this, but questioned why we should do it. Mr. Howard explained that IRB’s were a tool developed a long time ago to encourage development within all communities. Mr. Howard added that the hotel would be paying sales and lodging tax once they are open. Commissioner Nystrom commented that IRB’s had to go through a municipality or taxing entity. Ms. Steele stated that was correct, but there was no obligation to the municipality in any way and does not affect the City’s debt. Ms. Steele explained that if it is a true IRB and the company would go bankrupt, there would be no impact to the City.

Commissioner Peltier questioned Finance Director Diana Garten on the amount of bed tax the City brings in. Ms. Garten explained that the bed tax was 7% of what they take in and the City receives over $160,000 from all of the hotels. Commissioner Peltier commented that we would get this back in a year. Ms. Garten stated that we would. Mr. Howard commented that the motels play into the economy and we have been promoting different events in the community since the Green Sports Complex was built and we have to have decent hotel and motel space. Mr. Howard added that they create an alternative revenue source and the success of the motels depends on how successfully we promote events in the community.

Commissioner Hlavachick questioned if we had done this before. Mr. Howard stated that we had done it for Parkwood Village’s Alzheimer’s facility and the original Wal-Mart had used IRB’s.

The following Resolution 120709 was then presented to the Commission for their approval: A RESOLUTION OF THE GOVERNING BODY OF THE CITY OF PRATT, KANSAS DETERMINING THE ADVISABILITY OF ISSUING TAXABLE INDUSTRIAL REVENUE BONDS OF SAID CITY FOR THE PURPOSE OF FINANCING THE ACQUISITION, CONSTRUCTION, INSTALLATION, FURNISHING AND EQUIPPING OF A COMMERCIAL HOTEL FACILITY TO BE LOCATED IN SAID CITY. A motion by Commissioner Hlavachick to approve Resolution 120709 determining the advisability of issuing taxable Industrial Revenue Bonds for the purpose of financing the acquisition, construction, installation, furnishing and equipping of a hotel facility to be located in Pratt. The motion was seconded by Commissioner Nystrom and carried with four approved votes and one abstained vote by Mayor Taylor due to his relationship with the bank.

DISCUSSION CONCERNING LOGO DESIGN:

Chamber Director Brian Hoffman informed the Commission that Diana Garten, Russell Rambat and he had visited with Luminous Neon Inc. about new signs and a new logo for the City of Pratt. Mr. Hoffman commented that their goal was to update the logo so that it could be used universally and it would be just for Pratt.

Ms. Marj Johnson from Luminous Neon Inc. stated that she wanted to get the Commission’s initial reaction and would show them how it was developed. Ms. Johnson commented that she would be retiring and she introduced her replacement, Ms. Mitzi Heeney. Ms. Johnson explained that there were three logos to consider and that it took six months to design them. Ms. Johnson commented that she felt there was a good cross section of designs and they had used colors that were used by the Chamber and City websites.

Ms. Johnson commented that the packets that were given to the Commission contained conceptual ideas such as a large sign at the corner of the intersection at the Business Park along with a smaller one showing the businesses there. Mr. Hoffman commented that they wanted to get the Commission’s gut reaction to see if they were moving in the right direction. Commissioner Peltier commented that he felt the colors were cold and uninviting. City Manager Howard commented that they had stayed with the old blue color.

Mayor Taylor commented that he felt that the committee could determine which of the three logos to use. Commissioner Nystrom commented that people make mistakes giving too much design on signs and added that he preferred the top design they were given. Commissioner Peltier agreed.

Mr. Hoffman thanked the Commission for taking the time to review the designs and they would move forward with the project.

CONSIDERATION AND APPROVAL OF APPOINTMENTS TO THE TRAVEL AND TOURISM BOARD:

Chamber Director Brian Hoffman recommended to the Commission that Diana Garten, Deb Goyen, Bev Aldrich and Ken Brown be reappointed to serve on the Travel and Tourism Board for three years. Mr. Hoffman explained that Mr. Brown was hesitant to accept another term, but things in his job had changed and he was willing to serve on the board for another three years. A motion by Commissioner Hlavachick to accept the recommendation of Mr. Hoffman to appoint Diana Garten, Deb Goyen, Bev Aldrich and Ken Brown to a three year term on the Travel and Tourism Board. The motion was seconded by Commissioner Peltier and carried unanimously.

CONSIDERATION AND APPROVAL OF BID FOR THE COOLING TOWER REPLACEMENT:

Director of Electric Utilities Kelly Hemphill informed the Commission that he had sent out two proposals for the south cooling tower and two were returned. Mr. Hemphill commented that they had taken heavy consideration and decided that they needed a tower with better efficiency. Mr. Hemphill added that the old tower had been there for forty years and they were designed to last thirty. Mr. Hemphill stated that K.I.T.S. Mfg., Inc. had submitted a proposal of $718,398 with no electrical work or sales tax and Midstates Erectors, Inc. had submitted a proposal of $601,531. Mr. Hemphill stated that Midstates Erectors had agreed that the City of Pratt could do the electrical portion; which should not be an issue with weather or man power. Mr. Hemphill commented that with the electrical portion removed from the proposal from Midstates Erectors, it left a balance with sales tax included of $540,406; therefore, he would recommend the bid not to exceed $540,406 from Midstates Erectors.

Mr. Hemphill commented that this was the same company that had installed the piping and plumbing on units six and seven so we were familiar with each other and they do good work. City Manager Howard commented that this had been budgeted for since the year before he had started and the plan had been to do it in 2007 except there were high steel copper prices, so they had held back going out for bids. Mr. Howard stated that prices had come down, which made the value we were getting here excellent compared to 2007 and there was about $660,000 budgeted for this project.

Commissioner Peltier questioned if we should up size this tower to handle everything as had been discussed originally. Mr. Hemphill stated that we were doing that somewhat. Commissioner Peltier asked if we were just replacing what we have. Mr. Hemphill stated that we were, but this tower would be able to accommodate the 1 mega watt diesel, but not the 5 mega watt unit. Commissioner Peltier asked what it would take to accommodate 20 mega watts. Mr. Hemphill stated that it would take a tower twice the size of this one, but you would not find the cost efficiencies that you would like to see. Mayor Taylor questioned if the north tower would handle the 5 mega watt. Mr. Hemphill stated that it should for three to eight years although it was weathered and aged. Commissioner Peltier asked if we would be going back in five years and building a new tower. Mr. Hemphill explained that even if maintained we could, but that it does have good life expectancy. Commissioner Peltier commented that if we could be doing this again in five years, why not take care of it now and avoid those costs later on. Commissioner Nystrom commented that we would be assuming that we were going to continue to produce the 5 megs. Mr. Howard commented that the question from an electrical stand point would be what the value of the 5 mega watt unit is.

Mr. Howard explained that when you are negotiating the price of electricity, there is a value in having this reserve capacity they are willing to pay us for and that has not been finalized yet, so we do not know what the value of the 5 mega watt unit is to us. Mr. Howard added that part of the value of replacing the cooling tower was that we have a unit that we can bring up and utilize in case we lose our tie. Mr. Howard commented that with the scenario we have now is that not only can we carry our own load, but we can produce with that reserve capacity and there was a value for that on the market. Mr. Howard stated that the 5 mega watt has a different value than the 14 in that the value of that unit lies in what it is worth in capacity to our suppliers and that can lower our electrical rates. Commissioner Peltier commented that he knows the value of the unit, but wondered if we should build a cooling tower big enough to carry both the 5 and 14 mega watt units. Mr. Howard commented that the electrical picture would get clearer every year, because we are in a more stable environment now with KMEA and the EMP2 and trying to acquire other electrical options through them.

Mr. Howard stated that the reason they were not proposing to do the 5 mega watt unit now was that we should have a clearer picture in five years as to whether to pay the cost to keep it going or abandon it, so we would not want to spend the money now and then not need it. Mayor Taylor commented that if you add another $250,000, that money is not in the capital reserve to do that.

Commissioner Peltier asked if the warranty involved would be a problem if the City people do the electrical work. Mr. Hemphill commented that our personnel would be working directly with the manufacturer. Commissioner Peltier stated that he understood that, but he wanted to know if it would void any warranties that they have. Mr. Hemphill stated that it would not. Commissioner Peltier commented that they keep the warranty as long as it is done within their specs. Mr. Hemphill stated that was correct. Commissioner Peltier asked if that was in writing. Mr. Hemphill commented that he had not seen it, but could ask.

A motion by Commissioner Nystrom to approve the bid to Midstates Erectors in the amount of $540,406 for the cooling tower. The motion was seconded by Commissioner Peltier and carried unanimously.

CONSIDERATION AND APPROVAL OF 2010 CEREAL MALT BEVERAGE LICENSE RENEWALS:

Chief of Police Steve Holmes informed the Commission that the applications for the 2010 Cereal Malt Beverage licenses met requirements and City codes and he would recommend the Commission’s approval. Mayor Taylor commented that it looked like there were fewer applications than last year. City Clerk LuAnn Kramer informed the Commission that Legends Pub & Grill and El Dos De Oros had received liquor licenses from the State. A motion by Commissioner Nystrom to approve the 2010 license renewals as printed. The motion was seconded by Commissioner Peltier and carried unanimously.

CONSIDERATION AND APPROVAL OF THE PURCHASE OF A USED DUMP TRUCK FOR THE STREET DEPARTMENT:

Public Works Director Russell Rambat explained to the Commission that he had been contacted by Central Truck Equipment, Mr. Mitch Withers, about a furniture truck he had acquired that was in good condition. Mr. Rambat commented that, at times, when a local business comes across something that would benefit the City, they contact us. Mr. Rambat added that Mr. Withers felt that the truck was in excellent condition and had a new dump bed on it.

Mr. Rambat commented that budgeting for a new vehicle such as this over a few years could cost around $200,000, but this truck was priced at $18,500. Mr. Rambat stated that although this was not a budgeted item, there are times that we need to look at buying used equipment. Mr. Rambat added that we would also be trading in a 1983 dump truck that has over 100,000 miles on it.

Mr. Rambat explained that the cost of the 2001 International 4700 dump truck was $18,500 and they would also like to purchase four new recapped weather tread tires for $560 and a snow plow unit for $9,100. Mr. Rambat commented that with the $3,000 for the 1983 trade-in, the total requested would be $25,160. Mr. Rambat stated that the money was in the capital equipment reserve fund and that the value of $25,160 was a good value to the City and this would add an additional snow plow to our equipment.

A motion by Commissioner Hlavachick to approve the purchase of the 2001 International dump truck from Central Truck Equipment for $25,160. The motion was seconded by Commissioner Peltier and carried unanimously.

Commissioner Peltier requested a five minutes recess at 6:00 p.m. The meeting resumed at 6:05 p.m.

CONSIDERATION AND APPROVAL OF ORDINANCE ESTABLISHING CLASSIFICATION COMPENSATION FOR ELECTED OR APPOINTED OFFICERS AND CITY OF PRATT EMPLOYEES FOR THE 2010 BUDGET YEAR:

City Attorney Ken Van Blaricum commented that this ordinance updated everything approved in the 2010 budget. Commissioner Graf questioned why ‘K through O’ had $40,000 to $90,000 annually. Commissioner Nystrom stated that those were the salary ranges for those positions. Commissioner Graf asked if they make anywhere between $40,000 and $90,000. Mayor Taylor stated that they can and that they make a certain salary. Commissioner Graf questioned why we do not show a certain salary. Mayor Taylor explained that it was so we would not have to come in and change the ordinance if you had a change in personnel. City Manager Howard added that this was the salary range that was in the approved budget. Mr. Van Blaricum clarified that it gives flexibility. Mr. Howard stated that the personnel manual gives him the authority to give merit increases to not only these employees, but all City employees. Mayor Taylor commented that if there was a set amount and you do an increase, then you would have to pass another ordinance. Mr. Howard stated that the actual salary was approved in the budget. Mayor Taylor added that this information was also public record. Commissioner Graf asked if this was for a year at a time. Mayor Taylor stated that it was done every year. Commissioner Graf asked if the contracts were a year at a time also. Mr. Howard stated they were unless it was specified different in the contract.

The following Ordinance 0920 was then presented to the Commission for their approval: AN ORDINANCE AMENDING SECTION 2 OF ORDINANCE 0806 ESTABLISHING CLASSIFICATIONS COMPENSATION OF ALL ELECTED OR APPOINTED OFFICERS AND EMPLOYEES OF THE CITY OF PRATT, KANSAS, AND AMENDING SECTION 1 OF ORDINANCE 0806 ESTABLISHING THE COMPENSATION FOR SALARIED POSITIONS, AND REPEALING ORDINANCES INCONSISTENT THEREWITH. A motion by Commissioner Nystrom to approve Ordinance 0920 establishing classifications compensation of all elected or appointed officers and employees of the City of Pratt. The motion was seconded by Commissioner Hlavachick and carried unanimously.

CONSIDERATION AND APPROVAL OF THE AGREEMENTS LISTED BELOW:

• Agreement for Provisions of Public Defender Services (1 year term)
• Agreement for Pratt Municipal Judge (1 year term)
• Agreement for Pratt City Attorney (1 year term)

City Attorney Van Blaricum commented that these were the same contracts every year. Mr. Van Blaricum stated that Ms. Candice Lattin had been the public defender for the last couple of years and the contract for her had never changed. Commissioner Peltier asked if she had a private practice. Mr. Van Blaricum stated not really, but she was the County Attorney for Kiowa County and the public defender in Municipal Court. Mr. Van Blaricum stated that she does a nice job and he explained that if a person comes into Municipal Court and cannot afford an attorney, the Municipal Judge appoints Ms. Lattin.

Mr. Van Blaricum commented that the Municipal Judge was Mr. Robert Eisenhauer and his contract had not changed in the last two or three years. Mr. Van Blaricum stated that Mr. Eisenhauer was not asking for a raise.

Mr. Van Blaricum then explained that the last agreement was for the City Attorney. Mr. Van Blaricum commented that he, as City Attorney, was not asking for a raise and the actual compensation had gone down since Blue Cross Blue Shield had put the City of a tiered plan.

A motion by Commissioner Nystrom to approve the contracts for the Public Defender Candice Lattin, Municipal Judge Rob Eisenhauer and City Attorney Ken Van Blaricum. The motion was seconded by Commissioner Hlavachick and carried unanimously.

REPORTS:

 City Manager
 December projects:

City Manager Dave Howard explained that in December there were three large construction projects going on and they were Terry Richardson at the Industrial Park, the hotel and the optometrist. Mr. Howard added that there was also the potential of BTI starting a large building at the airport. Mr. Howard commented that the concrete people were saying that they have more work in December than they had in June and July.

 Electric Department
 Defect in Transformer:

Director of Electric Utilities Kelly Hemphill commented that on Friday they had discovered a defect in a tap changer on the main transformer. Mr. Hemphill stated that they had to operate the diesel generating units to pick up the City’s load. Mr. Hemphill explained that they had pulled the primary taps to the transformer to set the secondary taps to different locations; therefore, isolating the bad taps. Mr. Hemphill commented that in the next couple of months they would be doing inspections on that tap changer and replacing the defective part. Mr. Hemphill stated that this was maintenance that they do every two to three years anyway, but this one showed itself before time for the inspection.

 Finance Department
 Sales Tax:

Finance Director Diana Garten commented that the revenue for November was down again as expected, but that it was still up from 2007 by $62,800. Ms. Garten explained that we were down $40,000 from 2008, but 2008 was up $100,000 from 2007.

 Power Plant
 Fairbanks Morse:

Power Plant Superintendent Ernie Smith informed the Commission that Fairbanks Morse would be in next week to finish up the balancing of the engine and put the fine tune on it.

 Question for Commissioner Graf:

Commissioner Nystrom questioned Commissioner Graf concerning the questions that the Commission had not answered on his behalf, which is what Commissioner Graf had told the Hutchinson News. Commissioner Graf stated that he had asked what was going on and he was told ‘nothing’ and that was it. Commissioner Nystrom stated that Commissioner Graf had said that he had asked other things and did not get the answer and he was curious what they were. Commissioner Nystrom added that he did not know what information Commissioner Graf had been deprived of. Commissioner Graf commented that he did not get a straight answer tonight about the wages, but he was going to take what they had said and go. Mayor Taylor asked ‘Straight answers as far as what?’. Commissioner Graf said that he was asking why it did not say what it was. Mayor Taylor answered that it was a range from $40,000 to $90,000 or from one figure to another. Mayor Taylor asked if Commissioner Graf understood what ‘range’ was. Commissioner Graf stated that he did. Mayor Taylor continued explaining that the salary was somewhere in between that and it was not done that way to prevent people from finding out what those people are being paid, but it was, as stated earlier, so that there were no complications if someone gets a merit raise or some other consideration.

Mayor Taylor stated that this information was available from 8:00 to 5:00 and it was not done to hide. Mayor Taylor commented that the answers to Commissioner Graf’s questions were answered twice, maybe three times. Commissioner Peltier asked if Commissioner Graf still did not understand it. Commissioner Graf stated to go on with it and that it was fine.

Mayor Taylor commented that this was a real concern of his also when he read that in the paper. Mayor Taylor added that he had not been asked a single question by Commissioner Graf or of City staff. Commissioner Graf stated that he had asked Mayor Taylor questions. Mayor Taylor stated that Commissioner Graf had called him up and asked if he was concerned about the Maple Street extension. Commissioner Graf commented that he had talked to Mayor Taylor about wages in the book the day of the budget hearing. Mayor Taylor commented that he did not remember that discussion, but he asked if he answered his question. Commissioner Graf stated that Mayor Taylor had told him that it was not right if that was what was said in the book and this was when the budget hearing was over. Commissioner Graf added that they had walked out front and stood in front of Mayor Taylor’s pick-up and talked about it. Mayor Taylor commented that he did not remember that.

Commissioner Peltier asked if Commissioner Graf understood the ordinance now. Commissioner Graf stated that he did.

Commissioner Peltier asked if there had been other issues and read from the Hutchinson News the statement made by Commissioner Graf. That statement read ‘I ask other things too and I never get straight answers’. Commissioner Peltier commented that he knew that the Hutchinson News could misquote what was said. Mayor Taylor commented that this was an opportunity for Commissioner Graf to clarify his point. Commissioner Graf stated that he had nothing to say. Commissioner Peltier asked if he was going to contact the newspaper. Commissioner Graf stated that he had not contacted the newspaper for the Commission’s information. Commissioner Peltier pointed out that Commissioner Graf’s name was there. Commissioner Graf repeated that he had not contacted the paper. Commissioner Peltier commented that he had not asked that, but that if Commissioner Graf had any questions, they would answer them. Commissioner Peltier added that the City Manager’s door was open and you could go in there anytime; which he had and never failed to get an answer.

Employee Christmas lunch:

Mayor Taylor reminded everyone that the annual Christmas party was from noon to 1:30 p.m. on December 17th at the Municipal Building and put on by the recreation staff.

ADJOURN:

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


_____________________________________
JEFF TAYLOR, Mayor



(SEAL)

ATTEST:

________________________________
LUANN KRAMER, City Clerk

Thursday, December 17, 2009

11/16/09 Approved City Commission Minutes

MONDAY

NOVEMBER 16, 2009

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

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

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

CALL TO ORDER:

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

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

MINUTES:

A motion by Commissioner Nystrom to approve the minutes of the November 02, 2009 regular meeting. The motion was seconded by Commissioner Graf and carried with four approved votes and one abstain vote from Commissioner Hlavachick.

OPEN AGENDA:

Comment on Maple Street:

Ms. El Vena Barnes of 592 Terrace Drive commented to the Commission that many people were having a problem with the highway. Ms. Barnes stated that the neighborhood had been there for a long time and people have lived and played there. Mayor Taylor corrected Ms. Barnes in that this was not going to be a State or Federal highway. Ms. Barnes commented that it would be cutting the neighborhood in half and she wanted the Commission to make the choice to go around the neighborhood.

Ms. Barnes took an imaginary trip with the Commission to make a point to show how many people would have to back out of their garages onto this highway. Ms. Barnes stated that this would be a highway and the traffic flow would increase to get to Highway 61. Ms. Barnes commented that this was a sick idea and it should not go through her neighborhood. Ms. Barnes commented that this land was purchased by the increases in utilities and would go in choice pockets. Ms. Barnes stated that she did not want this extension compared to Sixth Street and asked for the Commission to help her neighborhood.

PRESENTATION OF 2009 CAPACITY DEVELOPMENT ACHIEVEMENT AWARD TO KELVIN CLAY, WATER SUPERINTENDENT:

Mr. Allen Guernsey, from the Kansas Department of Health and Environment, presented Mr. Kelvin Clay, Water Superintendent, an award of excellence in demonstrating technical, financial and managerial capacity. Mr. Guernsey explained that there were only ten awards made this year and Pratt was the only award serving a population of 3,301 to 10,000. Mr. Guernsey stated that this was a good job by Mr. Clay in providing a safe water supply to the City of Pratt.

Mayor Taylor and the Commission thanked Mr. Clay for his hard work. Mr. Clay commented that this was a team effort. Mayor Taylor stated that congratulations should be passed on to the others in his department.

RECOGNITION OF DENNIS COX, LINEMAN CREW CHIEF, FOR RECEIVING THE 2009 DARYLE NIELSEN DISTINGUISHED SERVICE AWARD:

Director of Electric Utilities Kelly Hemphill commented that Mr. Dennis Cox had received the 2009 Daryle Nielsen Award at the KMEA Annual Conference. Mr. Hemphill explained that he had submitted Mr. Cox as a candidate, because he had, along with other crew members, uncovered people during the Greensburg disaster. Mr. Hemphill commented that Mr. Cox was worthy of the award. City Manager Dave Howard commented that we are part of the KMEA Mutual Aid program and that all the guys have responded to other communities and communities have also responded to ours. Mr. Howard stated that he was not surprised that Mr. Cox had received this award. Mr. Cox thanked the Commission for the opportunity to do other things for other people and added that he could not do it without his crew.

Mayor Taylor asked how much time had been spent in Greensburg. Mr. Cox stated that they had spent two weeks in Greensburg. Mr. Hemphill added that they had worked eighteen to twenty hour days. Mayor Taylor commented that we had also received helped at times and that it was a neat effort to combine with others and help out. Mr. Cox stated that it was nice to have other communities help also and that you make a lot of new friendships through the program.

PRESENTATION OF SERVICE AWARDS TO CITY EMPLOYEES:

Mayor Taylor presented several employees with their service awards for the years of employment with the City of Pratt. Mayor Taylor and the Commission thanked the employees for their knowledge and training in their positions and added that they appreciate their years of service to the City.

CONSIDERATION AND APPROVAL OF APPOINTMENTS TO THE RECREATION ADVISORY BOARD:

Recreation Director Bruce Pinkall commented that these appointments had been available for awhile and that the second person had called and asked to be put on hold. Mr. Pinkall informed the Commission that the second position would be filled the first meeting in December.

Mr. Pinkall stated that Mr. Matt Hecker had agreed to serve on the Recreation Advisory Board and that he was active in open gym and the youth programs. Mr. Pinkall added that Mr. Hecker was also active in numerous programs in the City and would be a good addition to the board. A motion by Commissioner Hlavachick to approve the appointment of Mr. Matt Hecker to the Pratt Recreation Advisory Board. Commissioner Peltier seconded the motion and it passed unanimously.

UPDATE ON THE GREEN SPORTS COMPLEX AND DISCUSSION ON BLEACHER COVERS:

Recreation Director Pinkall commented that the tournaments scheduled for the 2009 season at the Green Sports Complex were from May to July and that the 2010 schedule would expand that time frame. Mr. Pinkall explained that there would be wooden bat events in 2010 and that they were working with a company out of Kansas City. Mr. Pinkall explained that this would give the company an opportunity to sell their bats with the move in baseball to go to wooden bats. Mr. Pinkall stated that there are tournaments scheduled every weekend in 2010.

Mr. Pinkall commented that the USSSA had promoted their tournament to smaller communities west of Wichita due to a concern that some teams were getting out played. Mr. Pinkall stated that some tournaments were well established in Pratt with the 12 and under Hap Dumont State tournament being one that we have hosted for fifteen years. Mr. Pinkall added that we have also held the 13 and under Hap Dumont World Series for three years. Commissioner Peltier questioned why we do not do anything in August. Mr. Pinkall stated that the season is over and his summer staff has left. Mr. Pinkall commented that there are adult events, such as co-ed softball, that continue until October.

Mr. Pinkall gave a power point presentation that gave an overview of Green Sports Complex, starting with the grand opening in 2004 and the sunset of the sales tax involved. Mr. Pinkall pointed out that in 2005 the two north fields received bleacher covers, sprinklers were installed in the interior and they began seeding the interior grass. Mr. Pinkall commented that in 2006 there was the construction of the entrance sign and the first shelter house was constructed, while in 2007 there was the dedication of the Smoky Ford Field and the paving of the parking lot. Mr. Pinkall stated that in 2008 the playground equipment was installed, benches and the interior sidewalk were expanded, and the second shelter house was constructed. Mr. Pinkall commented that what has happened in 2009 is that they completed the fencing between the south fields, the third shelter house is under construction, over seeding of the interior grass continues, sidewalk and benches are in place by the playground, and Mr. George Brown planted seventy-five trees.

Mr. Pinkall explained that the 2010 project would include the completion of the third shelter house, completion of the sidewalks around the dugouts, bleacher covers for the two south fields, and begin planting interior trees. Mr. Pinkall stated that all the fields would be handicap assessable. Commissioner Peltier questioned if there would ever be handicap baseball. Mr. Pinkall stated that there could be and that might include people who are in wheelchairs, blind and physically challenged. Mr. Pinkall added that they have done that in the past for the beginning levels by letting their parents or an adult be on the field with them.

Mr. Pinkall commented that the bleacher covers were a big project and the money for them would come from the tournament proceeds account; which at the end of this project would be depleted. Mr. Pinkall explained that the total cost of the four bleacher covers for the south end would be $32,000 or $8,000 per bleacher. Mr. Pinkall commented that they would be the same design to match the Sports Complex.

Mr. Pinkall stated that the Green Sports Complex had been open for six successful summers due to the vision of the Commission, the Parks and Recreation Advisory Board, and the citizens of Pratt and that vision has created a first class recreational facility. Mr. Pinkall commented that during the grand opening he had stated ‘Getting people to come together is a start. Getting them to stay together is progress. Getting them to work together is Success!’ and the Green Sports Complex was a City of Pratt success story.

Mr. Pinkall commented that he would like to continue with the bleacher cover project. Commissioner Peltier questioned when it would be done. Mr. Pinkall stated that it would begin this spring and be done by next season. Commissioner Peltier asked if Jorns Construction had given us a discount before. Mr. Pinkall stated that he had. Commissioner Peltier questioned if there was money in the fund to cover the cost of the bleacher covers. Finance Director Diana Garten stated that there was and it was in the 2010 budget.

City Manager Dave Howard commented that Mr. Jorns had done the work before. Mayor Taylor commented that he was involved in the construction of the press box at Lemon’s Park also. Mr. Pinkall added that Mr. Jorns had donated that work. Mayor Taylor stated that he did not have to donate what he did, but it was a great addition to that park. Mr. Pinkall commented that Mr. Jorns had assisted in the purchasing of the flag pole at the Sports Complex and had done other little things and that he was committed to this project.

A motion by Commissioner Peltier to accept the bid from Jorns Construction of $32,000 for four bleacher covers. The motion was seconded by Commissioner Hlavachick and carried unanimously.

Mayor Taylor commented that Mr. Pinkall had done a wonderful job getting tournaments established and he had talked to a lot of people that compliment the Complex. Mr. Pinkall commented that he had sent information to a lot of communities that are trying to do something similar and they are facing challenges and are amazed at the cooperation in Pratt. Mr. Pinkall added that friendly businesses and the cleanliness of the community also brings people to town.

CONSIDERATION AND APPROVAL OF LOW BID FOR 1 REPLACEMENT INDOOR MAGNE BLAST BREAKER:

Director of Electric Utilities Kelly Hemphill stated that this breaker was for an indoor cabinet and the wisest choice was to replace the 4160 voltage with a higher voltage. Mr. Hemphill commented that there is a need to make these circuits as safe operator maintained as possible. Mr. Hemphill explained that there was a cheap alternative solution that would last for about ten to fifteen years while we are getting the circuits rebuilt and this would be done gradually to prevent a huge impact on the budget.

Mr. Hemphill commented that these breakers would work as an internal fix and that there are three out of fifteen that are dangerous. Mr. Hemphill stated that the best thing to do to make them safe to work around would be to replace three of the high volt breakers. Mr. Hemphill added that these breakers can be gone through, reconditioned and used as spares. Mr. Hemphill explained that an engineer brought up a few years ago that the 4160 circuits were not creating the amount of electrical loss that would, in a near future time frame, justify converting them. Mr. Hemphill commented that in thirty to fifty years it would pay to convert the circuits, so we need to work towards building them.

Commissioner Peltier questioned that there were three that were dangerous. Mr. Hemphill explained that there were three that were in a high volt fault, which means that there is always a current there. City Manager Howard commented that they were dangerous to work around, but the men are trained and have worked around them for years. Commissioner Peltier asked if it was so critical to replace them, why we were only replacing two and not three. Mr. Hemphill stated that we were replacing one now due to budget. Commissioner Peltier asked if we were putting anyone in harm’s way by not replacing all three. Mr. Hemphill commented that we were not. Mr. Howard added that there are safer breakers and safer ways to do it than when these things were made and it was time to transition into doing that.

Mr. Hemphill explained that two bids had been sent out and two had been returned. Mr. Hemphill commented that Stanion Wholesale Electric had bid $15,901.20 with an eighteen week delivery time and Flatland Testing had bid $14,947.39 with an eighteen week delivery time. Mr. Hemphill commented that even with the 5% given to the local vendor, Stanion Wholesale Electric was above Flatland Testing; therefore, he would recommend the low bid from Flatland Testing in the amount of $14,947.39. A motion by Commissioner Nystrom, on the recommendation of Mr. Hemphill, to accept the quote of $14,947.39 from Flatland Testing for the breaker. The motion was seconded by Commissioner Hlavachick and carried unanimously.

CONSIDERATION AND APPROVAL OF ORDINANCE ANNEXING PROPERTY EAST OF GREEN SPORTS COMPLEX TO THE CITY OF PRATT:

City Attorney Ken Van Blaricum commented that this ordinance would annex the property east of Green Sports Complex into the City and the City currently owns that property. Mr. Van Blaricum explained that this involves two tracts of land. Commissioner Peltier asked if there was any more land than that. Mr. Howard commented that the City owns both tracts and that Mr. Green had actually donated it to the City. Mr. Howard explained that we were doing it now because we have to do a boundary correction for the other property that was annexed earlier, so we would do one big correction.

The following Ordinance 0918 was then presented to the Commission for their approval: AN ORDINANCE ANNEXING LAND TO THE CITY OF PRATT, KANSAS. A motion by Commissioner Peltier to accept Ordinance 0918 annexing land to the City of Pratt. The motion was seconded by Commissioner Hlavachick and carried unanimously.

CONSIDERATION AND APPROVAL OF ORDINANCE ANNEXING A PORTION OF FINCHAM STREET TO THE CITY OF PRATT:

City Attorney Van Blaricum stated that this was the same idea and involved the southern part of Fincham Street. Commissioner Peltier questioned if the property west of Fincham Street was part of the City. Mr. Howard stated that it was not. Mr. Howard commented that there were discussions with that property owner, or controller, on the potential of developing that property along with annexing it and zoning it, but it was a slow process.

The following Ordinance 0919 was then presented to the Commission for their approval: AN ORDINANCE ANNEXING LAND TO THE CITY OF PRATT, KANSAS. A motion by Commissioner Nystrom to approve Ordinance 0919 annexing a portion of Fincham Street into the City of Pratt. The motion was seconded by Commissioner Peltier and carried unanimously.

CONSIDERATION AND APPROVAL OF RESOLUTION EXEMPTING THE CITY FROM THE REQUIREMENTS OF K.S.A. 75-1120a(a):

City Attorney Van Blaricum commented that this was a State statute that requires us to exempt out of the General Accepted Accounting Principles. Finance Director Garten explained that we report our financial statements on a cash basis, which is what the procedure is for most municipalities. Ms. Garten added that to do that, we have to opt out of General Accepted Accounting Principles. Ms. Garten commented that the only difference in GAAP and cash basis is that you are reporting accrual liabilities and accounts receivable.

The following Resolution 111609 was then presented to the Commission for their approval: A RESOLUTION EXEMPTING THE CITY OF PRATT, KANSAS FROM THE REQUIREMENTS OF K.S.A. 75-1120a(a) PROVIDING FOR UNIFORM SYSTEM OF FISCAL PROCEDURES, ACCOUNTING, AND REPORTING FOR MUNICIPALITIES.
A motion by Commissioner Hlavachick to approve Resolution 111609 exempting the City of Pratt from certain requirements of K.S.A. 75-1120a(a). The motion was seconded by Commissioner Graf and carried unanimously.

REPORTS:

City Manager:

• Meeting with PCC about soccer:

City Manager Howard informed the Commission that Mr. Pinkall and he would be meeting with Dr. Wojociechowski, and the PCC coaches concerning a soccer team and developing a short term plan on where they could play. Mr. Howard stated that the area where soccer is played now has parking problems and it had been discussed that those games be switched to other areas. Mr. Howard stated that there had been discussion about the property east of the Sports Complex being used for a track and soccer field, but that would be an expensive development and would come before the Commission before any decision was made.

• New Hotel:

Mr. Howard commented that there had been a private ground breaking ceremony for the new hotel and the owners were complimentary of Pratt. Mr. Howard stated that the IRB’s for the new hotel would be on the next agenda. Commissioner Peltier questioned why they went that way. Mr. Howard stated that it was a tax advantage and a financing mechanism.

• Winter preparedness meeting:

Mr. Howard commented that he had attended a winter preparedness meeting with Mr. Hemphill and Mr. Rambat to talk about how we operate during a storm. Mr. Howard stated that it was also attended by highway patrol, EMT’s, and nurses.

Public Works:

• North Main Project:

Public Works Director Russell Rambat informed the Commission that he was working with KDOT on some of the final steps to let the project on North Main in December. Mr. Rambat commented that this project would happen in the spring and was funded by the ARRA money.

• Sidewalk at Lemon’s Park:

Mr. Rambat commented that the sidewalk was completed into Lemon’s Park and Mr. Mark Eckhoff would be planting grass and the street department would be finishing up the boxes to make this a nice even area.

Building Inspections:

• 517 S. Hamilton:

Building Inspector Brad Blankenship commented that the property at 517 South Hamilton had been cleaned up and that this had been ongoing since February.

• Maydew/Thibault Clinic:

Mr. Blankenship commented that the eye clinic for Maydew/Thibault Clinic was off and running.

• Fire Station:

Mr. Blankenship informed the Commission that the heating system was completed at the fire station and everything had gone well with that.

Electric Department:

• Diesel testing:

Director of Electric Utilities Kelly Hemphill commented that the diesel testing was complete and they were waiting on the technicians to do their testing and complete the calibration on it. Mr. Hemphill commented that the engine was capable of operating at seven mega watts, but was not very viable for EMP2 operations. Mr. Howard commented that if we were ever separated from the grid, this could operate the City. Power Plant Superintendent Ernie Smith commented that it ran for fifty hours with thirty being continuous and then an additional twenty.

• Line Distribution:
• Christmas lights:

Mr. Hemphill commented that line distribution had completed the Christmas decorations with only a few small details yet to do.

• New Service Truck:

Mr. Hemphill stated that line distribution had received their new service truck and once tags, taxes and insurance were in place, it would be ready to put into service.

Recreation Department:

• Tennis Court Project:

Recreation Director Bruce Pinkall commented that the tennis court project was underway and they had completed four of the courts on the east side. Mr. Pinkall added that they look nice.

Finance Department:

• Old Fashioned Christmas:

Finance Director Diana Garten reminded the Commission that Saturday was the Old Fashioned Christmas event downtown.

City Clerk:

• Clerk’s Academy:

City Clerk LuAnn Kramer informed the Commission that she had attended the Clerk’s Academy in Wichita and that attendance had dropped off from a couple of years ago. Ms. Kramer thanked the Commission for allowing her to attend the academy every year and let them know that it helps her keep her certification.

Commission remarks:

• Quality of employees:

Commissioner Peltier commented that he was very impressed with the quality of the employees that work for the City and that was evident with the service awards that were presented tonight. Commissioner Peltier added that this was a great organization and he was privileged to be a part of it.

• Thanks to Inspector:

Commissioner Hlavachick thanked Building Inspector Blankenship for helping him on an issue with his neighbor and appreciated how well Mr. Blankenship had worked with the neighbor.

• Fire Station question:

Commissioner Nystrom questioned the hole in the concrete in the parking lot of the new fire station and what was intended for that area. Mr. Blankenship commented that there would eventually be a concrete memorial, such as a water fall, flag and a plaque. Mr. Blankenship stated that Fire Chief Kramer did not want people moving through there and he was getting ideas together with Assistant Chief Stevens. Mr. Blankenship commented that he had visited with them about putting in winter rye to make it look decent for now. Commissioner Peltier commented that there could be some landscaping rock put in there temporarily. Mr. Howard commented that he would bring this up to Chief Kramer and may have him come to the next meeting to discuss his intentions for that area.

• Question about an employee:

Commissioner Graf questioned City Manager Howard about hearing a lot of scuttlebutt around town about an employee. Commissioner Graf commented that he had had people call him today and said that a Commissioner was saying things and wanted to know if they needed to go into executive session to discuss something like this. Mr. Howard stated that he was not sure what he was talking about. Commissioner Graf stated that we have an employee that we have had a problem with. Mr. Howard stated that the only issue was an employee that has a health issues and that was all he could say about it, in or out of executive session. Commissioner Graf commented that he had heard things from several different people and someone had said that he had gotten fired. Mr. Howard stated that was not correct and by regulations that govern this, there was nothing else legally that he could say. Mr. Howard explained that the issue would be dealt with if needed. Commissioner Graf commented ‘okay’.

Comment from Ernie Smith:

Power Plant Superintendent Ernie Smith thanked the Commission and upper management staff for his recognition of years of service. The Commission thanked Mr. Smith for his years with the City.

ADJOURN:

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


______________________________________
JEFF TAYLOR, Mayor


(SEAL)

ATTEST:


_____________________________
LUANN KRAMER, City Clerk

12/21/09 City Commission Agenda

MONDAY

DECEMBER 21, 2009

PRATT CITY COMMISSION – REGULAR COMMISSION MEETING

COMMISSION ROOM – 5:00 P.M.

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

2. ROLL CALL

3. MINUTES – December 07, 2009 Regular City Commission meeting

4. OPEN AGENDA

5. BUSINESS:

5.1 Discussion on Main Street Project – Alan Luttrell, EBH, City Staff

5.2 Consideration and Approval of 2009 Boundary Resolution – Ken Van Blaricum, City Attorney
(RESOLUTION 122109)

5.3 Consideration and Approval of Equipment and Labor Rates – Russell Rambat, Public Works Director

5.4 Consideration and Approval of 2010 Cereal Malt Beverage Application – Steve Holmes, Police Chief

5.5 Consideration and Approval of Appointment to the Recreation Advisory Board – Bruce Pinkall, Recreation Director

5.6 Consideration and Approval of Amendment No. 1 to the Natural Gas Management Services Agreement – Kelly Hemphill, Dir. of Electric Utilities

5.7 Discussion on Joe Wynn Volunteer Award for 2008 and 2009 – Mayor and City Commission


6. REPORTS

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

7. ADJOURN

Thursday, December 3, 2009

12/7/2009 Commission Agenda

MONDAY
DECEMBER 07, 2009

PRATT CITY COMMISSION – REGULAR COMMISSION MEETING

COMMISSION ROOM – 5:00 P.M.

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

2. ROLL CALL

3. MINUTES - November 16, 2009 Regular City Commission meeting

4. OPEN AGENDA

5. BUSINESS:

5.1 Consideration and Approval of Resolution Pertaining to IRB’s for the Holiday Inn Express – Dave Howard, City Manager (RESOLUTION 120709)

5.2 Discussion Concerning Logo Design – Brian Hoffman, Chamber Director, Marj Johnson & Mitzi Heeney, Luminous Neon Inc.

5.3 Consideration and Approval of Appointments to the Travel and Tourism Board – Brian Hoffman, Chamber Director

5.4 Consideration and Approval of Bid for the Cooling Tower Replacement – Kelly Hemphill, Director of Electric Utilities

5.5 Consideration and Approval of 2010 Cereal Malt Beverage License Renewals – Gary Myers, Asst. Police Chief

5.6 Consideration and Approval of the Purchase of a Used Dump Truck for the Street Department – Russell Rambat, Public Works Director

5.7 Consideration and Approval of Ordinance Establishing Classification Compensation for Elected or Appointed Officers and City of Pratt Employees for the 2010 Budget Year – Ken Van Blaricum, City Attorney (ORDINANCE 0920)

5.8 Consideration and Approval of the Agreements Listed Below – Ken Van Blaricum, City Attorney
• Agreement for Provisions of Public Defender Services (1 yr term)
• Agreement for Pratt Municipal Judge (1 yr term)
• Agreement for Pratt City Attorney (1 yr term)

6. REPORTS

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

7. ADJOURN