Thursday, May 20, 2010

5/3/10-Approved City Commission meeting minutes

MONDAY

MAY 03, 2010

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

PRESENT: Bill Hlavachick Mayor
Jeff Taylor Commissioner
Willy Peltier Commissioner
Victor Graf Commissioner
Gary Skaggs 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
Bruce Pinkall Recreation Director

CALL TO ORDER:

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

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

MINUTES:

A motion by Commissioner Peltier to approve the minutes of the April 19, 2010 regular meeting. The motion was seconded by Commissioner Skaggs and carried unanimously.

OPEN AGENDA:

American Legion & smoking request:

Mr. Rick Wittig addressed the Commission concerning the smoking restrictions and the American Legion. Mr. Wittig referred to the minutes of May 03, 2010 and commented that at one time it had been okayed to have the upstairs non-smoking and the downstairs smoking at the American Legion. Mr. Wittig corrected the minutes as being from May 18, 2009. (Commissioner Graf arrived at 5:02 p.m.) Mr. Wittig stated that the American Legion was suffering and that most that come there are smokers. Mr. Wittig requested that the Commission consider letting the American Legion go by the rules that were imposed on them and go back to having smoking upstairs and non-smoking downstairs until the State ban goes into effect in July. City Attorney Ken Van Blaricum stated that he was not prepared to answer that and the ordinance that passed a year ago stated that there can be a designated smoking area from 10:00 p.m. to 5:00 a.m. seven days a week and that would be what was in place until July 1st when the State law takes effect. Mr. Wittig stated that there was nothing on the internet, but there was going to be an application for smoking for clubs. Mr. Van Blaricum clarified that that would be on the State level. Mr. Wittig asked that they be able to keep in place the earlier decision by the Commission until July 1st since they were a private club. (Commissioner Taylor arrived at 5:04 p.m.)

Mr. Wittig repeated that at the May 18, 2009 meeting the Commission had agreed to have a designated area upstairs and asked why they could not continue that until July 1st. Commissioner Taylor commented that they had to comply with the original City ordinance until July. Mr. Wittig again repeated that they wanted to go back to what had been agreed upon. Commissioner Peltier commented that the ordinance that was originally passed had smoking after 10:00 p.m. and not a designated area. Commissioner Peltier added that a designated area had been discussed, but the expense to the business owner made the Commission back off that idea; so the law did not change and was still in effect after 10:30 p.m. Commissioner Taylor commented that the reason they did not do the designated area was due to the expense and if the State came in and made the law different than ours, business owners had not spent money they did not need to.
Mr. Wittig commented that on May 18, 2009, the Commission made an exception. Ms. Autumn Wittig addressed the Commission and stated that she had been at that meeting and the Commission had said that it was fine because the American Legion had a separate part of the building that had a different entrance and everything. Commissioner Graf commented that he remembered that meeting stating that Commissioner Nystrom commented he knew about the air conditioning and it was separate from downstairs. Commissioner Peltier commented that that was not a requirement. Commissioner Graf agreed that it was not, but what was said was if it was a separate unit. Commissioner Taylor commented that that statement was made previously and not in our ordinance. Mr. Van Blaricum read a portion of the ordinance stating that ‘Smoking may be allowed in a restaurant or licensed premises between 10:30 pm and 5:00 am under the following circumstances, during that time a proprietor of a restaurant or licensed premises may designate an area in accordance with State law. This provision shall expire at midnight on January 4, 2010. After that smoking will not be permitted.’ Mr. Van Blaricum clarified that since that time the ordinance had been changed so that now an area could be designated where you can smoke between 10:30 pm and 5:00 am. Mr. Van Blaricum stated that the meeting in May of 2009 was a discussion on whether there could be smoking upstairs or downstairs and the Commission may have made that suggestion. Ms. Wittig stated that they said it had been approved. Mr. Van Blaricum stated that if they wanted to designate the entire premises as a smoking area, they could do that from 10:00 pm and 5:30 am. Mr. Wittig commented that they were usually closed by 10:00 pm. Ms. Wittig commented that she had been at that meeting and it had been approved that they could have a place designated as non-smoking.
Commissioner Peltier questioned what they were asking for. Mr. Wittig stated that they were asking to continue smoking upstairs and non-smoking downstairs. Mr. Van Blaricum commented that they could do that, but they still had to comply with the ordinance concerning smoking from 10:30 pm to 5:00 am unless the Commission wanted to make an exception. Mr. Wittig commented that he was asking for that exception.

Commissioner Skaggs questioned if the State takes precedence over the City. Mr. Van Blaricum stated that was correct. Commissioner Skaggs commented that we do not know if the State was going to make exceptions to private clubs and if we do for a couple of months, the State could still come back and say no. Commissioner Skaggs asked if they were asking for a two month extension. Mr. Wittig stated that was correct. Commissioner Skaggs questioned if Mr. Van Blaricum had any idea what the State was going to do. Mr. Van Blaricum commented that legislature was preoccupied with the budget and he felt that the smoking issue was done for this session. Mr. Van Blaricum added that he had not heard anything about the State changing the smoking law they had already enacted. Commissioner Taylor questioned if private clubs and casinos were exempt. Mr. Van Blaricum commented that he thought it was just casinos. Mr. Wittig commented that there were three places that were exempt and they were private clubs, casinos and smoking vendors. Mr. Van Blaricum commented that if that was what was on the bill, then on July 1st they could smoke. Chief of Police Steve Holmes commented that it was Class A and B clubs and casinos that were exempt. Commissioner Peltier questioned if their law overrides ours. Chief Holmes commented that the City’s ordinance was less restrictive, so ours goes out the window on July 1st. Mr. Van Blaricum commented that the Commission could revisit the smoking ordinance and use the State law as a guiding light.

Mr. Wittig commented that the American Legion was going to be like the VFW and shut down, because they cannot operate on the little funds that they take in. Mr. Wittig added that if their patrons cannot smoke, they would not come in. Commissioner Peltier commented that he did not remember designating a separate smoking area, because that would have caused a problem for merchants that had to meet those requirements and then the State law comes in and shuts it down. City Manager Dave Howard commented that the ordinance says that they can designate a smoking area after 10:30 pm with proper signage. Mr. Wittig agreed that that was in the ordinance, but they were asking for an exception. Mr. Van Blaricum commented that that would require an ordinance, but they should specify to change the rules for all licensed establishments to be fair. Commissioner Peltier commented that he was not for a single exception although he appreciates what the American Legion represents. Mr. Wittig repeated that they were a private club. Commissioner Peltier commented that if we do it for one, then they would have to make an exception for the Elks and the Knights of Columbus. Commissioner Taylor added that Woody’s and the Club D’Est would also be upset. Mr. Wittig commented that he was not fighting for Woody’s or the Elks. Commissioner Taylor commented that the Commission represents all of those places and they cannot single out one group. Commissioner Taylor added that they have heard it before in that if private clubs are exempted, then smokers would leave them and go to the private clubs. Commissioner Taylor stated that the fairest thing to do would be to bear with it until the State ordinance comes forward, which was what the Commission had wanted the past legislature to do instead of throwing it on the local people.

Commissioner Skaggs commended Mr. Wittig for coming in for the American Legion and fighting for this when he was a non-smoker. Mr. Wittig commented that he was just trying to keep them alive.

Reduced electric bills:

Mr. Wittig stated that he had heard around town that non-profit organizations could get a reduced electricity bill. Mr. Howard commented that the only one that the City helps was the Humane Society. Commissioner Peltier added that was in exchange for services. Mr. Howard agreed that it was a contract deal with the Humane Society. Commissioner Taylor commented that the confusion may be that the City helped the Red Cross. Mr. Howard added that we do give funds, but we do not give them a break on utilities.

Grass at Legion:

Mr. Wittig requested that the City cut the patch of grass at the Legion once in awhile. Public Works Director Russell Rambat questioned if that was the area around the cannon. Mr. Wittig stated that was correct. Mr. Howard commented that we already do the back and sides. Commissioner Skaggs commented that as an old soldier, he encouraged the City to do that. Mayor Hlavachick added that as an old sailor, he thought the City should do it also.

Mr. Wittig also mentioned that there was an old pine tree that was entangled in the lines and was a mess. Mr. Wittig commented that the City guys had tried to cut them down, but there were electrical problems and they lose power. Mayor Hlavachick commented that the City would get someone out there. Mr. Wittig commented that it could be chopped down, because of the pine needles. Commissioner Peltier commented that he thought we had a tree program that would prevent this type of thing. Mr. Howard stated that we did, but that was for trees that were on City right-of-ways or trees in primaries, otherwise it was the owner’s responsibility.

Enforcement of Ordinance:

Ms. Karen Detwiler asked that the Commission try and see that the ordinance was enforced concerning heavy trucks being kept off of City streets. Ms. Detwiler commented that she was speaking specifically about concrete trucks going up and down Sixth Street in route to places outside of the immediate City limits. Ms. Detwiler explained that they were running up and down Sixth Street while they were working on both the new motels on Highway 61 and regularly while going to the Industrial Park a couple of months ago.

Ms. Detwiler commented that the Commission were all aware that our City streets are not designed to handle loaded concrete trucks and she suggested that, if interested, they should travel Sixth Street to Country Club Road and look at the pavement in each lane to see the distinct difference in the wear from one side to the other.

Mayor Hlavachick questioned how the City ordinance read. Mr. Howard commented that if they were only to go on designated truck routes, which Sixth Street was not, then we do not need an ordinance to stop it now. Mr. Howard added that was unless they were doing a pour locally. Ms. Detwiler commented that she had watched them come down to Country Club Road and, after following them, they went to Highway 61, so she knew that they were pouring outside the City.

Commissioner Skaggs questioned if they would have to go north on Ridgeway or go on Tenth Street after they leave the plant. Mr. Howard stated that the understanding before the development was that the plant was there before that, so they have the right to use those two streets. Mr. Howard added that once they get into the City, which are State highways, they have to stay on the designated truck routes. Mr. Harley Dancaster, Street Superintendent, commented that Country Club Road was not a truck route either. Mr. Dancaster stated that they would have to go out on Highway 64 or stay on the State highway.

Commissioner Skaggs questioned that the issue becomes that we instruct the owner that the driver not take those routes since there is an ordinance already in place. Police Chief Holmes commented that he had talked to the manager before about this issue and he got it stopped. Chief Holmes added that one time they had been making a local delivery. Mr. Howard stated that they did have a new owner, so they would go talk to them.

BUSINESS:

PRESENTATION OF 2008 AND 2009 JOE WYNN VOLUNTEER AWARDS:

Mayor Hlavachick commented that he enjoyed this part of his job and awarded the 2008 certificate to Ms. Florence Loomis for her dedicated service. Mayor Hlavachick commented that he had worked with Ms. Loomis on the Advisory Board for years and she was very deserving of the Joe Wynn Volunteer award.

Mayor Hlavachick then awarded Mr. John Paul Jorns the certificate for the 2009 award and commented that he had done a lot with the ball diamonds and anywhere else we needed him. Mayor Hlavachick added that there was a plaque at the entrance of Lemon’s Park where their names would be added as recipients of this award.

READING OF CITY OF PRATT ARBOR DAY PROCLAMATION PROCLAIMING MAY 5, 2010 AS ARBOR DAY:

Mayor Hlavachick read the Arbor Day Proclamation. Mayor Hlavachick commented that the largest forest inland in the Plains states was in Halsey, Nebraska and worth going to see.

CONSIDERATION AND APPROVAL OF BID FOR BUDGETED VEHICLE FOR THE STREET DEPARTMENT:

Public Works Director Russell Rambat informed the Commission that he was asking for approval of the purchase of a one ton flatbed truck for the street department and that it would be replacing a 1992 truck. Mr. Rambat commented that the older truck was becoming a maintenance problem and this was the third truck the bed had been on.

Mr. Rambat stated that he had gone out for bid locally and Doug Reh Chevrolet had not been able to submit a bid for either a 2009 or a 2010, but Lanterman Motors bid a 2011 super duty installed with a bed for $30,350. Mr. Rambat commented that the street department had been budgeting for this for four years and each year that money had been put into capital equipment reserves for this purchase.

Mr. Rambat commented that he had done some research on vehicles in the street department that are driven everyday and the oldest vehicle was 1982 and the newest was a 2004, which averages out to about a 1991. Mr. Rambat added that in the public works fleet, the average age of the vehicles was about 1999. Mr. Rambat stated that although it looks as though we drive new vehicles, there are older ones that offset them.

Mr. Rambat explained that this was a vehicle that was used daily and was very important to the department. Mr. Rambat informed the Commission that an automatic transmission helps with maintenance costs of this vehicle since clutches do not last long. Mr. Rambat commented that it was unusual that we received only one bid, but in looking back, the last three public works vehicles were purchased from Lanterman Motors with bids that were approximately $3,000 lower than Doug Reh Chevrolet. Mr. Rambat explained that Lanterman Motors can get government allowances that Doug Reh Chevrolet cannot.

Commissioner Skaggs questioned if the City had a policy concerning age or mileage of a vehicle and when to replace a vehicle. Mr. Rambat stated that when we get done with them, you cannot get anything out of them. Mr. Rambat added that we had vehicles in the late 70’s, but they were sucking out most of the maintenance line item for repairs. Mr. Rambat stated that we try to get a used vehicle if we are going to use it for snow removal or limbs. Commissioner Taylor commented that this vehicle was eighteen years old and had been here for awhile.

Mr. Rambat commented that Lanterman Motors had offered us $700 for a trade-in. Commissioner Graf commented that Mr. Vince Epp was willing to give $1,000 for that truck. Mr. Howard commented that it would have to be put up for bids. Commissioner Graf added that Mr. Don Voss was also interested. Mr. Rambat stated that he did not have a problem with that and we could pay the difference to Lanterman. Mr. Rambat added that he could not guarantee the $700 from Lanterman later and then we would be stuck with a truck. Commissioner Graf stated that Mr. Epp would put it in writing that he would give a $1,000. Mayor Hlavachick questioned if we would need to add $700 to the price of this vehicle. Commissioner Taylor asked how long before this vehicle comes in. Mr. Rambat stated that the lead time was twelve to sixteen weeks. Commissioner Taylor commented that that would give the City time to reject or accept any bids on the trade-in vehicle. Mr. Rambat commented that if we reject the bids, then we would have to hang on to it. Commissioner Taylor commented that if it comes in under the $700, then we go back to Lanterman. Commissioner Skaggs mentioned that the car dealer may be making money on this deal also, so he could sell it to Mr. Epp for $1,000. Mr. Rambat agreed that that may be the best thing and he added that he had done this with the sanitation truck and he did not receive one single bid.

Commissioner Skaggs commented that he felt we could honor the bid, but go to Lanterman’s and give them an offer and see what they want us to do with the truck. Mr. Howard suggested that the Commission approve this and let Mr. Rambat talk to Lanterman Motors about an amendment and if not, it could be brought back to the Commission. Commissioner Peltier commented that we need to make sure that these are not empty promises. Commissioner Taylor commented that if they are empty, then we would have that out of the way before the new truck arrives.

A motion by Commissioner Taylor to purchase a 2011 Ford F-350 Super Duty pickup from Lanterman Motors with installed rugby dump bed for $30,350 with trade-in value of $700 and to have Mr. Rambat put the 1992 up for competitive bid. Commissioner Peltier seconded the motion. Mr. Rambat questioned if they should add the $700 to a not to exceed amount. Commissioner Peltier commented that we were accepting the bid as is and if they want to do something behind the scenes, they can. The motion passed with four approved votes and one opposed vote by Commissioner Graf.

CONSIDERATION AND APPROVAL OF BID FOR 2010 CURB, SIDEWALK & ADA RAMPS PROJECT:

Mr. Rambat commented that he had gone out for bids for his annual project and four bids had been returned and they were from B & H Builders from Kingman, Smiley Concrete of Pratt, Flatwork Specialist from Cunningham and One Call Does It All from Pratt. Mr. Rambat stated that Flatwork Specialist had the low bid of $125,538. Mr. Rambat commented that Flatwork Specialist had been a part of many projects for the City.

Mr. Rambat commented that the funds for this project were part of the quarter cent sales tax and also other street improvements such as slurry seal. Mr. Rambat recommended to the Commission the low bid from Flatwork Specialist for $125,538. Mr. Rambat explained that the project would finish out Fifth Street, a large amount of replacement on Third Street going west and other jobs sprinkled out around town.

Commissioner Peltier questioned if the 5% for local vendors was applied. Mr. Rambat stated that it was not, but there are a lot of people that do a significant amount of work in Pratt and it had never been made clear what the boundaries of the 5% were. Commissioner Peltier asked if Flatwork Specialists own their own concrete plant in Pratt. Mr. Rambat stated that they did. Commissioner Skaggs questioned if this was about the same amount spent as in the past. Mr. Rambat explained that he had actually scaled back this year and had lowered the percentage on the curb and gutter since slurry seal prices had gone up recently. Mr. Rambat added that he had lowered this about $20,000 to $30,000 and added it to the slurry seal. Mr. Rambat commented that this was a very good bid and he had based his potential bids on last year’s prices.

A motion by Commissioner Peltier to accept the bid from Flatwork Specialists from Cunningham for $125,538. The motion was seconded by Commissioner Graf and carried unanimously.

CONSIDERATION AND APPROVAL OF 2011-2015 KDOT 5-YEAR PLAN:

Mr. Rambat explained to the Commission that each year KDOT asks us to fill out a five year plan for the state highways inside the City limits and local roads for federal funding. Mr. Rambat commented that in the past we have filled out these plans and the work done in the past twenty years had been part of that plan. Mr. Rambat added that occasionally we were fortunate to get a project that was a part of that plan.

Mr. Rambat stated that the plan tells KDOT what you would like to have and they pass it on to the federal level that in turn pass the funds down to the State level. Mr. Rambat commented that you cannot be sure that the funds are going to be delegated with times being tough but, on the chance that they are, we are submitting a plan.

Mr. Rambat commented that the first project was First Street to Maple Street on Highway 281 going north and that would be to saw cut the middle two driving lanes in the brick and fill that with concrete, but leaving the bricks on the side. Mr. Rambat added that by leaving the bricks on the side would get us more blocks for our money. Commissioner Taylor questioned if there would be any water mains tied to that. Mr. Rambat stated that he hoped so and it would be from the outside of the west edge of main line pavement so that it would be assessable on the brick side. Mr. Rambat commented that you have to consider that anytime you are doing a street project and fortunately water was the only thing there that he knew of.

Mr. Rambat continued to explain the projects in the plan and that another project would be on Main Street from Sixth Street to Tenth Street going south on Highway 281. Mr. Rambat stated that the third project would be on Highway 54 from New Street to Mound Street to replace a chunk of concrete that had been done in the early ‘70’s that was starting to come up. Mr. Rambat commented that Stout Street was considered a collector street and they let you get out to major highways, which make them eligible for funding. Mr. Rambat added that they are sometimes put lower on the list since KDOT looks at major highways before they look at what was inside your City, but none the less, he had included Stout Street from School Street to the City limits north. Mr. Rambat commented that Taylor Street that ties into Logan Street and Simpson Street by May Dennis Park where it was dirt was another project, but those projects would be low on the totem pole.

Mr. Rambat stated that there may be a time where they look to fill in the gaps and would look at lower cost projects and we may get lucky. Mr. Rambat commented that part of this plan was to submit it publically in an open meeting and have it approved. Mr. Howard added that they take all the projects from all Cities and they can ask for more dollars. Mr. Howard commented that if we get the funds, we have it on paper as a need. Commissioner Taylor questioned if they get more funds if they are State highways. Mr. Howard commented that they could put the majority of that money in the State highways in a community, but on occasion you do get it. Mr. Rambat stated that this is good funding and it would be an 80/20 split.

Commissioner Skaggs made a motion to approve the KDOT 5-year plan of 2011-2015 as presented by Mr. Rambat. The motion was seconded by Commissioner Taylor. (Commissioner Peltier left the meeting briefly at 6:00 pm) The vote on the motion and second was unanimous.

CONSIDERATION AND APPROVAL OF ORDINANCE VACATING A PORTION OF IUKA STREET BETWEEN 5TH & 6TH STREETS:

City Attorney Ken Van Blaricum commented that this ordinance would vacate Iuka Street between Fifth Street and Sixth Street. Mr. Van Blaricum stated that the City Commission can do this by approving the ordinance and then it would be effective thirty days after the publication, which provides for a protest period. Mayor Hlavachick questioned if that would leave only one entrance to the school parking lot. Mr. Howard explained that the Blythe Foundation owns the house on the south side of the parking lot and there could be an entrance on Sixth Street. Mr. Howard added that Mr. Zach Deeds could answer those questions better.

Mr. Deeds commented that there would be entrances on the north and south sides, which had been discussed with USD #382. Mr. Deeds explained that the Blythe Foundation had purchased those properties to build a comprehensive fitness facility. (Commissioner Peltier returned to the meeting at 6:04 pm) Mr. Deeds commented that they had sought variances to accommodate the building size and that had been granted. Mr. Deeds stated that they felt that the size of the building was important for the services it would provide and this was all contingent on the abandonment of Iuka Street. Mr. Deeds added that they were aware that there should be north and south entrances.

Mayor Hlavachick questioned the status of where they were at in purchasing what they needed and getting it cleared up. Mr. Deeds stated that they had purchased seven houses on the east side of Iuka Street and the south property on the west side, which would be developed into a parking lot. Commissioner Skaggs questioned if they were going to build on the street due to the abandonment or if it would be an extension of the parking lot. Mr. Deeds commented that the proposed plan takes the building to the existing side of Sixth Street. Commissioner Skaggs commented that the street would be used for parking. Mr. Deeds explained that there would be ramps and ADA compliances. Commissioner Skaggs questioned if there were utilities that would be covered up. City Manager Howard commented that the only thing there was a four inch water line that served the houses that were not there anymore, so there would be a section of four inch line that would be abandoned.

Commissioner Skaggs questioned if the Blythe Foundation was going to maintain ownership of the property to the southwest. Mr. Deeds stated that for now they were going to keep it and develop it further later on. Mr. Deeds added that the property to the east was a significant area for possible expansion. Building Inspector Brad Blankenship commented that if this area was not vacated there would be set back problems, but vacating would eliminate those problems. Mr. Deeds commented that they do not see that this would impact anyone else.

Commissioner Skaggs questioned what type of architecture they were looking at. Mr. Deeds commented that they had consulted an architect that understands large buildings. Mr. Deeds stated that the building would be recessed eight feet into the ground to take away some of the profile along with planting trees to distract from the size of the building. Commissioner Skaggs asked how high this building would be. Mr. Deeds answered that it would be approximately forty feet high. Commissioner Peltier asked if this was a two story facility. Mr. Deeds commented that there would be a mezzanine. Commissioner Skaggs asked how many square feet were in the facility. Mr. Deeds stated that there was 37,000 square feet with the mezzanine adding another eight or nine square feet.

Commissioner Peltier asked if this was going to happen for sure. Mr. Deeds stated that it was in motion. Commissioner Skaggs asked if the public would have to purchase memberships or be able to walk in the door. Mr. Deeds stated that that had not been discussed enough to give a specific answer. Mr. Deeds added that there would be scholarship programs, because they want everyone to be able to use this facility even if they cannot afford it. Commissioner Skaggs questioned what impact this facility was going to have on the existing one. Mr. Deeds commented that they have been on board and had been aware of this when they signed their new lease. Commissioner Skaggs asked when this was all going to be public. Mr. Deeds stated that they have a press release going out. Mr. Howard stated that Recreation Director Pinkall and Commissioner Peltier have had discussions on duplicating the success of the Green Sports Complex, but promoting basketball and volleyball. Mr. Howard commented that this would be a nice facility to bring other sports to the community. Commissioner Taylor commented that it would be convenient and nice to be able to play in one place. Commissioner Skaggs questioned if the school would be able to use the facility. Mr. Deeds commented that they absolutely would.

The following Ordinance 1004 was then presented to the Commission for their approval: AN ORDINANCE PROVIDING FOR THE VACATION OF THAT PORTION OF IUKA STREET BETWEEN FIFTH STREET AND SIXTH STREET IN THE CITY OF PRATT, KANSAS AND FOR THE RESERVATION OF CERTAIN EASEMENTS AND RIGHTS OF WAY. A motion by Commissioner Peltier to adopt Ordinance 1004. The motion was seconded by Commissioner Skaggs and passed with four approved votes and one abstain vote by Commissioner Taylor.

CONSIDERATION AND APPROVAL OF APPOINTMENTS TO THE PLANNING & ZONING COMMISSION:

Mr. Howard commented that Ms. Linda Hart and Mr. Tom Haltom were up for reappointment. Mr. Howard added that they both had City residences and had done a good job. Mr. Howard stated that this would be a second term for both. Commissioner Peltier asked how long the terms were. Mr. Howard stated that they were for three years. A motion by Commissioner Taylor to approve the appointments of Mr. Tom Haltom and Ms. Linda Hart to another three year term on the Pratt City Planning Commission. The motion was seconded by Commissioner Peltier and carried unanimously.

REVIEW OF PLAT FOR SANDY CREEK ADDITION:

City Manager Dave Howard explained to the Commission that they need to approve the design of the plat and not the plat itself. Mr. Howard pointed out that there were five lots with the most important lot being the one sold to the Southern Baptist Church. Commissioner Peltier commented that he only saw four lots. Mr. Howard explained that the actual draw was a separate lot, because the intent was to develop that. Mr. Howard commented that this plat would be submitted to the Planning & Zoning Board to review in a public hearing.

Mr. Howard pointed out each lot on power point. Mr. Howard explained that lot number five was in the floodplain and was never intended to be developed as housing units, but it had been talked about doing a walking trail. Mr. Howard commented that since the City was the owner, they should approve the design and then it would go to the Planning & Zoning Commission and then back to the City Commission.

Commissioner Skaggs questioned if this could be replatted if the Maple Street project did not pass. Mr. Howard stated that there would have to be an amendment to the plat, but the plat needed to be approved so that the City could properly sell the property to the church. Commissioner Skaggs questioned if it would make a difference that lot two would not be a triangle if it were amended and you came in straight west off of Highway 61. Mr. Howard stated that that was what the governing body had agreed to sell and that remains no matter what.

Mr. Howard commented that the Planning & Zoning Commission’s approval of the plat had a street right-of-way in there, but it was not an approval of Maple Street. Mr. Howard stated that lot number three was also valuable and it has to be platted and he knew what the lots across the street went for and it was a substantial amount of money. Commissioner Skaggs asked if they were as big as this lot. Mr. Howard explained that one was bigger and the other smaller. Commissioner Skaggs commented that that would go a long way to paying for the street project. Mayor Hlavachick commented that regardless of how the vote turns out, the City could go ahead and build to have access to our property.

Commissioner Skaggs asked of Rev. Bob Fleener whether they would build on that property or use it for parking. Rev. Fleener commented that they were planning on building on it and using for parking. Rev. Fleener stated that they have an architect to do a master site plan. Commissioner Skaggs asked if what they were adding on would be attached to the existing building. Rev. Fleener stated that they would be and the current buildings were in the middle. Rev. Fleener commented that there would be a horse shoe around the property for parking. Rev. Fleener added that if there was help from FEMA and the Red Cross, they would like to build a full size basement for disaster relief. Commissioner Skaggs questioned if they were building a new sanctuary and not just a multi-purpose building. Rev. Fleener commented that there could be a new sanctuary on ground level with a basement that would be a gym/disaster relief shelter.

Mr. Van Blaricum commented that he had sent the contract to Mr. Ernie Richardson and he had been told that Mr. Richardson had sent it back to him, so it was in the process. Mr. Howard commented that if everything goes as planned, the plat should be before the Commission in June or July at the latest.

A motion by Commissioner Peltier to approve the design as is. The motion was seconded by Commissioner Taylor and carried unanimously.

REPORTS:

City Manager:

• Master Gardeners

Mr. Howard commented that he had visited with Mr. Mark Ploger from the Extension Office who had contacted him about the master gardeners wanting to identify the trees up and down Main Street. Mr. Howard explained that they wanted to put plaques on them to say what they were. Mr. Howard stated that he did not have a problem with it. Commissioner Skaggs commented that the one in front of the hardware store had branches at eye level and should probably be replaced.

Inspections:

• Church parking lot:

Building Inspector Brad Blankenship commented that Coranco Great Plains would be monitoring the contamination flumes from the United Methodist Church parking lot. Mr. Blankenship explained that there would be a couple of monitoring wells in the alley ways behind Epps Coins and that there was already a monitoring well there. Mr. Blankenship commented that KDHE wanted those wells and he would let the business owners know. Commissioner Skaggs asked if the owners had the right of refusal. Mr. Blankenship commented that it was in the City right-of-way. Mr. Howard stated that if they drill on private property, they would have to get permission.

Electric Department:

• Cooling tower:

Director of Electric Utilities Kelly Hemphill commented that the cooling tower for unit five was being moved in and should be set in place tomorrow. Mr. Hemphill commented that it may take two days to do this.

• East loop breaker tripped:

Mr. Hemphill commented that the east loop breaker had tripped today due to a car hitting it. Mr. Hemphill stated that they had cleared it and turned things back on. Commissioner Taylor questioned if this left many people without power. Mr. Hemphill stated that it had and that included Cooper Tire, Dillon’s and the Pizza Hut.

• Question on cooling tower:

Commissioner Skaggs asked how big the cooling tower was. Mr. Hemphill explained that one tower is five cells and the top and bottom are two pieces for a total of ten pieces. Mr. Hemphill commented that the tower was at Trane Trucking in storage.

Recreation:

• Commercial & Banner Program:

Recreation Director Bruce Pinkall commented that Channel 12 had been in town Thursday to shoot the commercial and that Thursday was also the kick off for the banner program. Mr. Pinkall stated that the designer of the business directory would be at the meeting Thursday to show off how things were going to be organized. Mr. Pinkall commented that there would not actually be a touch screen until the end of May.

Commissioner Peltier questioned the cost of the banners. Mr. Pinkall commented that they would range from $150 to $210. Commissioner Skaggs asked if the placement of the banners would be worth more than others. Mr. Pinkall stated that the banners would be rotated on the outside of the fences. Mr. Howard commented that they had been thinking of doing this at no charge, but businesses that were not involved in the construction were saying that was not fair. Mr. Howard added that there were still things that needed to be worked out. Mr. Pinkall stated that they were going to stay flexible in the options and stay positive. Mr. Howard commented that the intent was to keep the downtown active.

Commissioner Graf questioned if the banners were being bid in town. Mr. Pinkall stated that they were and he was going to try and keep as much local as possible. Mr. Pinkall commented that the touch screen business directory would be purchased locally and serviced here also. Mr. Pinkall added that the designer of the software was also local.

Power Plant:

• Unit Seven:

Power Plant Superintendent Ernie Smith commented that they had been working on unit seven and Southern Pioneer had asked us to generate. Mr. Smith stated that we had ran at capacity to get the engine lined out. Mr. Howard questioned whether they were testing our response time. Mr. Smith commented that they could have been and that it cost us $56 to generate, so we had made money on that. Mr. Smith added that they had gotten it ready to generate in twenty minutes.

Mayor:

• Drainage Ditch running green:

Mayor Hlavachick commented that he had been contacted about the drainage ditch by Parkwood Village running green and wondered if it was from the green stuff they had pulled off of the tennis court. Mr. Pinkall commented that they had not worked this weekend and they had not been washing anything off. Mayor Hlavachick commented that they had assumed that it was connected to the tennis courts. Mr. Pinkall commented that he would check on it.

• Municipal Clerk’s Proclamation:

Mayor Hlavachick commented that he had another proclamation that he wanted to read and it was a proclamation for Municipal Clerks week. After reading the proclamation, Mayor Hlavachick presented the framed proclamation to City Clerk Kramer.

Commission:

• Meals for Haiti:

Commissioner Taylor commented that there was going to be a group in town that would be working with Numana and they would be packing meals to be sent to Haiti. Commissioner Taylor explained that they were trying to raise $40,000 and would be trying to pack 285,000 meals on June 26th at the Municipal Building. Commissioner Taylor requested that the Commission waive the fees for the use of the Municipal Building. A motion by Commissioner Peltier to waive the fees associated with the Municipal Building. The motion was seconded by Commissioner Graf and carried with four approved votes and one abstain vote from Commissioner Taylor.

Commissioner Taylor continued to explain that there would be more publicity coming through the Tribune, but the meals consisted of rice, chicken broth and dried vegetables. Mayor Hlavachick questioned if they were going to need volunteers to help pack the meals. Commissioner Taylor commented that they would and explained the process it takes to get the meal to a vacuum to seal it. Commissioner Taylor added that this was not through government means, but by people that have their own ships.

ADJOURN:

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

_____________________________________
BILL HLAVACHICK, Mayor


(SEAL)

ATTEST:

__________________________________
LUANN KRAMER, City Clerk

Monday, May 17, 2010

05/17/10 City Commission Agenda

MONDAY

MAY 17, 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 – May 03, 2010 Regular Commission meeting

4. OPEN AGENDA

5. BUSINESS:

5.1 Consideration of Request from 2010 Leadership 2000 Plus Class on Events at Lemon’s Park – Leadership 2000 Graduates

5.2 Presentation of Dividend Check to City of Pratt – Rich Sanders, Sanders Agency

5.3 Consideration and Approval of Amendment to the 1-ton Dump Truck Purchase for Street Department – Russell Rambat, Public Works Director

5.4 Consideration and Approval of Resolution 051710 Annexing Property into City – Ken Van Blaricum, City Attorney; Dave Howard, City Manager (RESOLUTION 051710)

6. REPORTS

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

7. RECESS-until June 7, 2010 to meet with County Commissioners at 11 a.m.

Tuesday, May 4, 2010

04/19/10 Approved City Commission minutes

MONDAY

APRIL 19, 2010

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

PRESENT: Bill Hlavachick Mayor
Jeff Taylor Commissioner
Willy Peltier Commissioner
Victor Graf Commissioner
Gary Skaggs 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
Bruce Pinkall Recreation Director

CALL TO ORDER:

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

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

MINUTES:

A motion by Commissioner Hlavachick to approve the minutes of the April 05, 2010 regular meeting. The motion was seconded by Commissioner Graf and carried unanimously.

CERTIFICATION OF APRIL 06, 2010 CITY COMMISSION ELECTION:

City Clerk Kramer read the certification of the April 06, 2010 City General election that had been sent by County Clerk Sherry Kruse indicating that Mayor Jeff Taylor and Mr. Gary Skaggs had received the majority of the votes; therefore, voted in as City Commissioners.

Presentation to Commissioner Nystrom:

Recreation Director Bruce Pinkall quoted ‘Anything is Possible If at First You Dream’ and stated that the beginning of the Green Sports Complex may not have been a dream of Commissioner Nystrom’s, but he was very instrumental in what happened there. Mr. Pinkall commented that they had captured that on film and presented Commissioner Nystrom with a frame containing pictures of him as Mayor throwing out the first pitch. Commissioner Nystrom was congratulated by the other Commissioners and staff.

OATH OF OFFICE GIVEN TO NEWLY ELECTED CITY COMMISSIONERS:

City Clerk Kramer gave the oath of office to Mr. Gary Skaggs and Mayor Taylor. Commissioner Skaggs and Mayor Taylor signed the City’s oath of office before continuing the meeting.

PRESENTATION OF MAYOR’S PLAQUE:

City Manager Dave Howard presented outgoing Mayor Taylor with a plaque and stated that he and the staff appreciated his leadership and direction the past year. Mayor Taylor commented that this had been one of his easiest tenures as Mayor as far as things working in the City. Mayor Taylor commented that that was attributed to the City staff and it had taken us several years to get where we are today. Mayor Taylor added the City was a fine run City due to City Manager Howard and the staff.

REORGANIZATION OF PRATT CITY COMMISSION:

1. NOMINATION FOR MAYOR:

A motion by Commissioner Peltier to nominate Commissioner Hlavachick to serve as Mayor. The motion was seconded by Commissioner Skaggs and carried unanimously. Mayor Hlavachick took his place at the dais as the Mayor for 2010/2011.

2. NOMINATION FOR VICE-MAYOR:

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

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

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

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

A motion by Commissioner Taylor to approve The Pratt Tribune as the official newspaper for the City of Pratt. The motion was seconded by Commissioner Peltier and carried unanimously.

OPEN AGENDA:

Finalizing the Sale of Property to Southern Baptist Church:

Rev. Bob Fleener reminded the Commission that they had sold property to the First Southern Baptist Church a couple of months ago and he was curious as to what the time line was to finalize that sale. Rev. Fleener commented that they have the money in hand and an architect ready to do a site plan. City Attorney Ken Van Blaricum commented that he had prepared a contract and sent it to Mr. Ernie Richardson. City Manager Howard explained that the plat had to be completed and approved to be able to sell the property and he thought he should have that this week. Mr. Howard added that the plat would then have to be presented to the Planning and Zoning Commission for their approval before coming to the City Commission for their approval, which would take approximately six weeks.

Mr. Howard commented that we could sign the contract that had been prepared, but we cannot sell the property until it was plated. Commissioner Skaggs questioned if this was an additional six weeks. Mr. Howard stated that was correct.

Mr. Van Blaricum suggested that Rev. Fleener get with Mr. Richardson and he thought the next step would be to sign the contract. Commissioner Taylor questioned if Rev. Fleener had visited with Mr. Richardson. Rev. Fleener answered that he had and Mr. Richardson had said that it would not mean much until there was a legal description. Mr. Howard commented that he would get that as soon as possible. Commissioner Skaggs asked who did the plating. Mr. Howard explained that EBH Engineering did that and it was an engineered document. Mr. Howard added that the property was being divided into four separate lots. Commissioner Taylor questioned when the next planning meeting was. Mr. Howard stated that the next meeting was Thursday, but they were looking at a special call if it comes in.

Comments from Mr. Eric Nystrom:

Mr. Eric Nystrom addressed the Commission stating that on April 6th, over 2600 citizens cast their votes in the direction that clearly supports the majority of the Commission. Mr. Nystrom asked that the Commission not deviate from the path that they have followed. Mr. Nystrom stated that the citizens have spoken and have made it clear that they support our actions and he asked that they stay on that path. Mr. Nystrom wished the Commission good luck and for more good things to come to the City.

BUSINESS:

CONSIDERATION AND APPROVAL OF REQUEST FOR FUNDS FOR A MEMORIAL PLAQUE FOR THE PELICAN SCULPTURE AT THE PUBLIC LIBRARY:

Ms. Westerhaus commented that Mr. Clyde Williams, who was on the library board, had suggested that there be a plaque documenting the history and artist of the pelican sculpture located at the library. Ms. Westerhaus commented that Parson’s Jewelry was not bidding on the plaque, but Larrison Mortuary gave a bid of $425. Commissioner Graf questioned why the bid was for $454 and she had said that it was $425. Ms. Westerhaus commented that she had forgotten to mention to Larrison Mortuary that they were tax exempt, so she had taken off the sales tax. Mayor Hlavachick commented that he thought that this was a good idea. A motion by Commissioner Skaggs to approve the purchase of a bronze memorial plaque for $425 for the pelican sculpture at the library. The motion was seconded by Commissioner Graf and carried unanimously.

CONSIDERATION AND APPROVAL OF APPOINTMENTS TO THE PRATT PUBLIC LIBRARY BOARD:

Ms. Rochelle Westerhaus, Secretary for the Board of Directors of the Pratt Public Library, explained to the Commission that there were two board members whose terms were expiring. Ms. Westerhaus commented that Ms. Nancy Neely’s term was expiring and the board was recommending Mr. Alan Hitz to serve on the board. Ms. Westerhaus explained that the board was interested in younger members to find out what young families need. Mayor Hlavachick questioned that they also wanted to reappoint Ms. Chris Himmelwright to an additional term. Ms. Westerhaus stated that was correct. A motion by Commissioner Taylor to appoint Mr. Alan Hitz to replace Ms. Neely and to reappoint Ms. Chris Himmelwright for four year terms. The motion was seconded by Commissioner Graf and carried unanimously.

DISCUSSION ON THE PRATT COUNTY MULTI-JURISDICTIONAL HAZARD MITIGATION PLAN:

Pratt County Emergency Manager Tim Branscom explained that he was addressing the Commission to go over the recently approved Mulit-Jurisdictional Hazard Mitigation Plan. Mr. Branscom commented that he had worked with Mr. Howard, Public Works, the Director of Electric Utilities, and the department heads to put this plan together for the City.

Mr. Branscom stated that this was a hazard plan that identifies the hazards that not only affects the City, but the County. Mr. Branscom commented that it gives them the strategy to look at loses such as property, life or monetary. Mr. Branscom explained that it was required by federal and state law that each jurisdiction have a hazard plan and that allows us to reach out for federal funding to recoup some of our money. Mr. Branscom added that it would also help work on projects to reduce those hazards.

Mr. Branscom commented that the multi-jurisdiction plan covers the City, the County, USD’s and the college. Mr. Branscom stated that there are also grant programs out there to help work on these items. Mr. Branscom commented that the plan had been in the works for over two years and was approved on March 23, 2010. Mr. Branscom explained that the County Commission had approved the plan and each sub-jurisdiction had to also approve it, which allows Cities, Counties and USD’s to reach out for federal funding.

Mr. Branscom commented that he had sat down with City staff to figure out what some of the biggest hazards were to the City and one was that there were no approved storm shelters in the City. Commissioner Skaggs questioned how often storm shelters would be used and if they would be open or under lock and key. Mr. Branscom commented that once the design phases are worked on, such places are used as Community Centers. Commissioner Skaggs asked if the City would be obligated to build these shelters if the plan was approved. Mr. Branscom stated that they would not and these were action items that can be worked towards. Mr. Branscom commented that the plan would be reviewed annually and if someone wanted to change the direction of the plan, it could be done by a consensus. Commissioner Peltier asked who would pay for these things if it was decided they were needed. Mr. Branscom answered that it could be through grant funding, which helps us apply for federal grant money.

Mr. Branscom used the example of Cullison looking for additional storm sirens and he had been in contact with the State grant programs and there was a possibility that they would give 75% of the money. Mr. Branscom clarified that one community would not be responsible for 100% of the costs. Commissioner Skaggs commented that he was in agreement with having a plan, but did not think that every time a siren goes off, people were going to go to a shelter. Mr. Howard commented that an example was that there were parks in town that do not have shelters and any applications would have to be approved by the Commission. Commissioner Taylor clarified that we go along with the plan if funding were to be available. Mr. Branscom stated that was correct. Mayor Hlavachick questioned if no funding would be available if all jurisdictions were not on board. Mr. Branscom stated that one jurisdiction does not have to wait for everybody.

Mr. Branscom commented that in visiting with Public Works Director Russell Rambat, they felt that it was hard to keep the roads open during last year’s snow storm, so looking for a road grater or snow plow would be a possibility. Mr. Branscom added that those could come in handy during a wind storm where they could be used to clear roadways for emergency vehicles.

Mayor Hlavachick questioned that the County had already approved the plan. Mr. Branscom stated that they had and that there were things that could be worked on that did not cost any money. Mr. Branscom stated that he had had outstanding help from Mr. Howard, Mr. Rambat and Mr. Hemphill and that there had been awareness meetings at the Community Center to bring awareness to the public to reduce the impact of a summer storm.

Mayor Hlavachick questioned if the City would be looking at one or a series of shelters. Mr. Branscom stated that would be one of the things to discuss. Mr. Howard commented that the financial resources would have to be available from all parties to do this. Mr. Howard added that if an event were to happen, FEMA has to have this plan. Mr. Branscom commented that Greensburg did not have a mitigation plan in place and technically the federal government did not have to give them any money, but they did on the first round and after that they gave them one year to get a plan around and adopted.

Commissioner Peltier asked if we would be at risk for any federal money if we do not have a mitigation plan, should we be hit like Greensburg was. Mr. Branscom commented that he did not think so, because the County had a plan. Finance Director Diana Garten commented that if we had had a plan in place during the ice storm, we could have received an additional 5% reimbursement. Mr. Branscom added that during the last snow storm he had worked with public works to get reimbursed for some of their expenses and even though we did not have an approved plan, it was in the works.

Mr. Branscom commented that he had given a copy of the plan to Mr. Howard if the Commission wanted to review it in more detail. Mr. Rambat added that he also could e-mail them a copy of the Mitigation Plan if that would work for them. Mr. Branscom stated that he would like for the Commission to look it over and ask any questions. Mayor Hlavachick and Commissioner Taylor commented that they would like to look it over before it was approved. Mr. Howard commented that it could go on the agenda a month from now. The Commission thanked Mr. Branscom for his time.

Rev. Fleener added that they would be providing a facility for this kind of thing and he would like to build a large basement for disaster relief. Rev. Fleener added that churches in California provide spaces for cots, phones lines, etc., so he asked that they keep the church in mind.

CONSIDERATION AND APPROVAL OF BID FOR HEATING AND AIR CONDITIONING SYSTEM AT THE FIRE STATION:

Fire Chief David Kramer commented that, with assistance from Inspector Brad Blankenship, they had gone out for bids for heating and air to be installed in the office and training area at the fire station. Chief Kramer reminded the Commission that heating had already been installed in the bay area.

Chief Kramer stated that they had received four bids back ranging from $16,601 to $13,690 and they would recommend the low bid from inteGreen Services for $13,690. Mayor Hlavachick asked if they were from Pratt. Chief Kramer stated that they were. Commissioner Skaggs commented that the specs from inteGreen talk about a 3 ton a/c unit, but nobody else referred to and Westhoff’s bid referred to an 80,000 BTU furnace that was also not referred to by anyone else. Commissioner Skaggs questioned if we were talking apples to apples. Mr. Blankenship answered that they were and explained that on the heating cycle there are 3 ton units that could be 80,000 BTU and some that could be 90,000 and air conditioning goes by tonnage. Commissioner Skaggs commented that they were going to have to rely on him that they were bidding the same thing.

Commissioner Peltier asked if there was any difference in Lennox and the others. Mr. Blankenship commented that Consumer Guide had Trane as the top heating and air company, then Carrier and Lennox were 2A and 2B, with American Standard coming in at three or four. Commissioner Skaggs questioned if these were commercial units. Mr. Blankenship commented that there were not differences in commercial and residential. Mr. Blankenship explained that on a split system, there was not a real difference.

Commissioner Skaggs questioned if this was 80,000 BTU for each unit. Chief Kramer stated that it was for about a ¼ of the building as the bay area was not being cooled. Commissioner Taylor asked how often these units would be on. Mr. Blankenship stated that that was why they had asked for two units instead of zoning and that with zoning, you have to have five to six ton units. Mr. Blankenship explained that they did not want to put anymore on the roof. Chief Kramer commented that the conference room was big enough for fifty people and they would need to adjust that according to capacity.

Commissioner Skaggs questioned if there was going to be anyone sleeping there. Chief Kramer answered that there was a weekend person that was there from 7 a.m. Saturday morning to 7 a.m. Monday morning. Commissioner Skaggs clarified that none of this would apply to the bay area. Mr. Blankenship stated that was correct. Chief Kramer commented that this was a different style of heating unit and they had kept the ten ton unit that was about seven or eight years old and could be used as a back-up. Mr. Blankenship added that it could be used to take the humidity out of the bay area, if needed. Commissioner Skaggs commented that other tenants of that building had complained about the high utility bills. Mr. Blankenship stated that the old stuff was gone and there were two ten ton units that were the older style and the one that they had kept was in great shape.

Commissioner Graf questioned Chief Kramer about not having a driver that stays there all night long. Chief Kramer stated that they did not have someone there after 11 p.m. during the week as the shifts were from 7 a.m. to 11 p.m., but they were on call through the night. Commissioner Peltier asked if they had a driver during the day. Chief Kramer stated that they did and there were three people that covered the on call. Chief Kramer added that the weekend driver also takes calsl during the week. Commissioner Skaggs commented that they used to have someone who lived at the Municipal Building. Chief Kramer commented that they had done away with that. Commissioner Skaggs commented that the employees multi-task. Chief Kramer stated that was correct as they also do the maintenance at City Hall, the Community Center and the Municipal Building. Recreation Director Pinkall added that they also set up and take down for activities at the Municipal Building and Community Center.

A motion by Commissioner Taylor to approve the bid from inteGreen Services for $13,690 for a heating and air conditioning system in the new fire station. The motion was seconded by Commissioner Peltier and carried unanimously.

CONSIDERATION AND APPROVAL FOR USE OF SCOUT CABIN AND CLOSURE OF THE 200 BLOCK OF ROCHESTER STREET ON MAY 14-15, 2010 FOR 4A BOYS STATE TENNIS TOURNAMENT:

Recreation Director Bruce Pinkall commented that this was the first step to set things in motion for the 4A Boys State Tennis Tournament to be held on May 14th and 15th. Mr. Pinkall explained that the Scout Cabin would be used for a coaches hospitality room and they have requested that the 200 block of Rochester Street be closed. Mr. Pinkall stated the school would be doing the setting up and taking down as they had in the past. Commissioner Taylor commented that they had not asked for the street closure at the last tournament. Mr. Pinkall explained that that was a regional tournament and State would have an increased amount of kids in attendance. Mr. Pinkall added that the tennis court improvements should be done by the 14th. A motion by Commissioner Skaggs to close the 200 block of Rochester Street and allow the school to use the Scout Cabin on May 14th and 15th for the 4A Boys State Tennis tournament. The motion was seconded by Commissioner Peltier and carried unanimously.

CONSIDERATION AND APPROVAL ON THE USE OF LEMON’S PARK ON MAY 1, 2010 FOR THE 1ST ANNUAL AUTISM WALK (REQUESTED BY PCC ROTARACT):

Mayor Hlavachick commented that he had read about the autism walk and he felt it was a good cause. Commissioner Skaggs commented that Rotaract was an off-shoot of the Rotary Club and was for college students to help indoctrinate them into civic activities. Commissioner Skaggs added that they had been pretty active for the last four years. A motion by Commissioner Peltier to allow Rotaract to use Lemon’s Park for their activity. The motion was seconded by Commissioner Graf and carried unanimously.

CONSIDERATION AND APPROVAL ON BID FOR ONE TRANSFORMER FOR STOCK:

Director of Electric Utilities Kelly Hemphill informed the Commission that this was a transformer that would replace the one they had had in stock, but had to use at the doctor’s clinic at 3rd Street and Oak Street. Mr. Hemphill commented that he had sent out three requests and two had been returned. Mr. Hemphill explained that the bid from Stanion Wholesale Electric was $12,524.85. Kriz-Davis Company had bid $11,0521.91 and Jerry’s Electric had not bid.

Mr. Hemphill stated that he had taken into consideration the 5% for the local vendor, but Stanion Wholesale Electric had still come in $845 higher than Kriz-Davis; therefore, he would recommend the low bid from Kriz-Davis in the amount of $11,052.91. Mayor Hlavachick questioned if this was the same kind of transformer. Mr. Hemphill stated that it was, which was a 300 KVA 3 phase with a large cabinet and was dual wound. Mr. Hemphill explained that they operate on a 6400 or 7200 circuit.

A motion by Commissioner Peltier to accept the bid from Kriz-Davis for one transformer for $11,052.91 for the 300 KVA transformer. The motion was seconded by Commissioner Graf. Commissioner Skaggs questioned if they always keep one as a back-up. Mr. Hemphill stated that they do in case of a power outage at a business and that the lead time can be as much as eight weeks. Commissioner Peltier asked how many they keep in stock. Mr. Hemphill stated there was only one of this size and type. Commissioner Peltier asked if there was ever a time when a lightning strike had taken out more than one. Mr. Hemphill stated that it could happen, but had not yet. Commissioner Taylor asked how many of this size they have in the City. Mr. Hemphill commented that there are several. Commissioner Skaggs asked if this was the biggest transformer they use in the City. Mr. Hemphill stated that it was not and 500 KVA were common and there were also some 1,000 KVA, 750 KVA’s, and 200 KVA. Commissioner Skaggs asked if they have a reserve for those. Mr. Hemphill explained that they have make-shift transformers and he explained.

Mr. Hemphill stated that they have pole mount transformers that are large enough that three of them pushed together can make a replacement for the pad mount. Mr. Hemphill commented that they would have a fence built around them. Commissioner Taylor asked if this 300 KVA was pole mount. Mr. Hemphill stated that it was a pad mount. Commissioner Peltier asked what type of businesses would use this type of transformer. Mr. Hemphill stated that the hospital, Wal-Mart, dorms at the college, dental and medical clinics would.

Hearing no other discussion, the motion passed unanimously.

APPROVAL OF TERM LIMIT ORDINANCE:

City Attorney Ken Van Blaricum explained that no action needed to be taken on this ordinance as it came into effect after the certification of the election. Mr. Van Blaricum added that this was the new ordinance and had been given the number 1003. Mayor Hlavachick clarified that it goes into effect without a vote. Mr. Van Blaricum stated that was correct. Commissioner Skaggs asked if the number was how many ordinances that the City had. City Clerk Kramer commented that it was actually the year and the number of ordinances so far that year, so 1003 was an ordinance that was passed in 2010 and was the third ordinance of that year.

CONSIDERATION AND APPROVAL OF RESOLUTION 041910 AMENDING RESOLUTION 030110 CONCERNING THE POWER PURCHASE AGREEMENT BETWEEN THE CITY AND KMEA:

City Manager Howard explained that on March 1st, the City had passed a resolution accepting power from GRDA or Grand River Dam Authority out of Oklahoma. Mr. Howard commented that this was the cheapest base load power that the City would ever be able to get into the City without major upgrades of the transmission system.

Mr. Howard stated that there was a potential that we could start taking delivery earlier than 2013 and possibly this year. Mr. Howard explained that KMEA needs a commitment from us, which is what the resolution reflects. Mr. Howard commented that this was not a guarantee that we were going to get it and he highly recommended that the Commission approve the resolution. Mayor Hlavachick agreed and said that he had been on the KMEA Board of Directors for a long time and this was something they had been looking forward to. Commissioner Taylor questioned that this was a potential to get up to six mgs. Mr. Howard stated that was correct, which, in the winter time when we have an excess of base load, could be reduced.

Commissioner Skaggs questioned that this agreement would continue until 2026. Mr. Howard commented that that was right and he would recommend going until 2050 if they would let us. Commissioner Skaggs questioned that it was that good of a deal. Mr. Howard stated that it was. Mayor Hlavachick commented that this does not happen very often. Commissioner Skaggs questioned why we did not go until 2050. Mr. Howard stated that GRDA does not do agreements for that long. Mayor Hlavachick stated that base load is the cheapest power out there. Mr. Howard added that with the existing transmission system, this was the cheapest we can get into Pratt.

The following Resolution 041910 was then presented to the Commission for their approval: A RESOLUTION OF THE CITY OF PRATT, KANSAS, AMENDING RESOLUTION NO. 030110 OF THE CITY REGARDING THE AUTHORIZATION OF THE EXECUTION OF A POWER PURCHASE AGREEMENT BETWEEN THE CITY OF PRATT, KANSAS AND THE KANSAS MUNICIPAL ENERGY AGENCY RELATING TO THE PURCHASE OF ELECTRICITY BY THE CITY FROM THE KANSAS MUNICIPAL ENERGY AGENCY (GRDA PROJECT) FOR SALE OR USE BY THE CITY. A motion by Commissioner Taylor to approve Resolution 041910 amending Resolution 030110 concerning the power purchase agreement between KMEA and the City. The motion was seconded by Commissioner Peltier and carried unanimously.

DISCUSSION ON ‘MOTION TO CLARIFY’ ORDER ON THE MAPLE STREET EXTENSION PROJECT:

City Attorney Van Blaricum commented that he had been asked by the Commission to clean up the question on the issue of the extension of Maple Street. Mr. Van Blaricum reminded the Commission that the court had approved the petition and directed the City to have an election. Mr. Van Blaricum stated that he had filed a ‘Motion to Clarify’ with the court and they had granted that motion with some conditions attached.

Mr. Van Blaricum explained that one stipulation was that if the majority of the electors votes are ‘no’, the previous action of the Commission would be automatically repealed and the City Commission would enact an ordinance which provides that the City of Pratt would not do the Maple Street project. Mr. Van Blaricum stated that all he needed tonight was to have the Commission agree that ‘no is no’. Mr. Van Blaricum read the statement that had been prepared for the ballot and the Commission’s approval: ‘Shall the following be adopted: The City of Pratt shall extend Maple Street from Parkway Avenue to Kansas Highway 61?’.

Mayor Hlavachick questioned how long the ordinance would be in effect if the vote of the electors was a no. Mr. Van Blaricum stated that it would be ten years unless there was another election. Commissioner Peltier questioned when they could put it back up for election. Mr. Van Blaricum commented that it could be done any time in the next ten years. Commissioner Skaggs clarified that administratively we cannot do anything for ten years, but legislatively we could have an election. Mr. Van Blaricum stated that was correct. Mr. Van Blaricum stated that all he needed tonight was a voice vote. Commissioner Peltier made the motion to approve. The motion was seconded by Commissioner Taylor and carried unanimously.

REPORTS:

City Manager:

• Business owner’s meeting on Main Street project:

Mr. Howard informed the Commission that Mr. Rambat had been meeting with KDOT and there was a breakdown in the packet of what was going on in the downtown area.

Mr. Howard informed the Commission that the meeting with business owners had been set for May 6th at 7 p.m., but everyone was welcome to come. Mr. Howard stated that the Chamber was advertising in the paper and Mr. Pinkall had talked about other ideas at an earlier meeting. Mr. Howard added that the focus would be on the waterline that was coming up this year and that there would be a commercial shot downtown on Thursday.

Public Works:

• North Main project:

Public Works Director Russell Rambat commented that he had heard from KDOT that Venture Corporation would be starting the North Main Street project on Thursday and it should take about two days, weather permitting. Mr. Rambat explained that the middle two driving lanes north of the tracks to the City limits would be the area being worked on.

• Pool:

Mr. Rambat commented that he had been putting in a lot of time at the pool to get it ready for the summer.

• Curb and Gutter project:

Mr. Rambat commented that he would be opening bids for the curb, gutter and ada ramp project next week and would have it on the next agenda for the Commission to approve.

Electric Departments:

• Training certificate:

Director of Electric Utilities Kelly Hemphill commented that Mr. Aaron Blasi had received his certificate of completion as a journeyman lineman and that it had taken four years. Mr. Hemphill stated that the training was a good program and was helpful to keep the lineman up-to-date on their knowledge of the job.

• Maintenance:
Mr. Hemphill commented that the Power Plant was busy with maintenance on the diesels and the cooling tower project.

Recreation:

• Downtown Advertising:

Recreation Director Bruce Pinkall commented that Channel 12 would be here on Thursday to shoot a commercial downtown. Mr. Pinkall explained that there would be workers on the street and shoppers in the stores. Mr. Pinkall stated that with the help of Travel and Tourism, the purpose of the commercial was to let people know that we are still out here even with the construction.

Mr. Pinkall reminded the Commission that they would be doing radio ads and one-liners at the Sports Complex along with banners on the outside of the fence to help promote the businesses downtown. Mr. Pinkall commented that there would be twenty-five cent hot dogs after Miss Kansas as part of the promotion. Mr. Howard commented that the big project would be next year, so this would be a good time to work out the bugs.

Power Plant:

• Appointment with Chubb Insurance:

Power Plant Superintendent Ernie Smith commented that Mr. Hemphill and he had an appointment with Chubb Insurance to see if they are satisfied with the work that had been done.

Finance Dept.:

• Auditors:

Finance Director Diana Garten informed the Commission that the auditors would be here tomorrow and that they had done their preliminary work in December.

• Budget Worksheets:

Ms. Garten commented that it was time to start looking at the 2011 budget and she would be getting out the worksheets for the departments in the next couple of weeks.

City Clerk/Utility Billing Dept.:

• Optimist Club:

City Clerk Kramer explained to the Commission that she had visited with Mr. Duane DeWeese and the Optomist Club would like to ask for the approval of the Commission to use the train depot in Sixth Street Park as a bicycle drop off on Sunday from 2 p.m. to 5 p.m. After little discussion, the Commission was in agreement.

• On-Line Bill Pay:

Ms. Kramer commented that Mr. Howard had approached her a few weeks ago concerning on-line bill payments and asked that she go out to see what the cost would be. Ms. Kramer explained that she had already done that in February and, after discussing it with Mr. Howard, it was decided that it would be in the best interest of the City to stay with our current software company. Ms. Kramer stated that the cost to get things started was $3,320 and then the annual maintenance fee was $2,520. Ms. Kramer stated that she would keep the Commission informed of the progress in getting the on-line payments into effect. Commissioner Skaggs asked how many customers they expected to use on-line pay. Ms. Kramer answered that there was no way of knowing, but if it was as successful as the debit/credit card machine they had at the counter, it would be a good number of our customers that would take advantage of it.

Commission:

• Cost of fire station:

Commissioner Peltier asked that the City provide the Pratt Tribune with the costs of the fire station, because he had heard that there were half truths and misconceptions in the community concerning the cost being in excess of a million dollars. Commissioner Peltier stated that an accounting of the total cost as of today would be helpful.

Ms. Garten stated that the total cost as of today was approximately $344,000 and that included the cost of the building. Commissioner Peltier calculated that if we had spent $344,000 and we received $66,000 for the tower rental, the total cost to date was about $280,000 and not in excess of a million dollars. Ms. Garten stated that was correct. Commissioner Skaggs questioned if the total cost would be less than $500,000. Ms. Garten stated that there was about $40,000 in budgeted money left this year.

Building Inspector Brad Blankenship commented that they should be close to being done this year. Mr. Blankenship stated that they need to put an epoxy down where the trucks are, but that could wait for another budget year. Commissioner Peltier stated that the volunteer firemen had given the City a lot of free labor and he appreciated that.

Mr. Howard commented that if anything in a City has to grow, it would be the fire service. Fire Chief Kramer commented that the new station at Colby was $3 million, Newton’s station was $2.5 million and Pittsburg’s was $4.7 million. Chief Kramer informed the Commission that a guy from Pittsburg had been in contact with Tribune reporter Gale Rose and they felt that this was a very unique application and was note worthy. Commissioner Peltier commented that we were getting a new station for about fifteen percent of what other communities were paying.

Commissioner Skaggs asked if this would have any impact on insurance rates. Chief Kramer stated that unfortunately fire stations do not put out fires, but they do give us the capability to have the equipment that does. Chief Kramer stated that we were fortunate to have an ISO rating of 5 and that was tied into equipment, personnel and the water system, which was a big factor, so we might be able to lower that rate.

• Bricks from Main Street:

Commissioner Graf questioned what the City was going to do with the bricks from Main Street. Mr. Rambat commented that would be a decision that the Commission would make, but some would be salvaged for repairs on the other brick streets. Mr. Rambat commented that there could be a one cent a brick sale.

Mr. Rambat explained that there was an unknown factor that most people do not know and that is that the bricks are about half the width of a normal brick after this long and probably would not make it out in one piece. Mr. Howard commented that the construction would happen fairly fast and they would not be concerned about saving them.

ADJOURN:

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


________________________________
BILL HLAVACHICK, Mayor


(SEAL)

ATTEST:

________________________________
LUANN KRAMER, City Clerk

Sunday, May 2, 2010

5/3 City Commission Agenda

MONDAY

MAY 03, 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 – April 19, 2010 Regular Commission meeting

4. OPEN AGENDA

5. BUSINESS:

5.1 Presentation of 2008 and 2009 Joe Wynn Volunteer Award – Mayor and Commission
• 2008 – Ms. Florence Loomis
• 2009 – Mr. John Paul Jorns

5.2 Reading of City of Pratt Arbor Day Proclamation Proclaiming May 5, 2010 as Arbor Day – Mayor Hlavachick

5.3 Consideration and Approval of Bid for Budgeted Vehicle for the Street Department – Russell Rambat, Public Works Director

5.4 Consideration and Approval of Bid for 2010 Curb, Sidewalk & ADA Ramps Project – Russell Rambat, Public Works Director

5.5 Consideration and Approval of 2011-2015 KDOT 5-Year Plan – Russell Rambat, Public Works Director

5.6 Consideration and Approval of Ordinance Vacating a Portion of Iuka Street Between 5th & 6th Streets – Ken Van Blaricum, City Attorney (ORDINANCE 1004)

5.7 Consideration and Approval of Appointments to the Planning & Zoning Commission – Dave Howard, City Manager

5.8 Review of Plat for Sandy Creek Addition – Dave Howard, City Manager

6. REPORTS

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

7. ADJOURN